Agenda 07/26/2005 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
July 26, 2005
9:00 AM
Fred W. Coyle, Chairman, District 4
Frank Halas, Vice-Chairman, District 2
Donna Fiala, Commissioner, District 1
Tom Henning, Commissioner, District 3
Jim Coletta, Commissioner, District 5
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO
SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE
PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 2003.53, AS AMENDED REQUIRES THAT ALL LOBBYISTS
SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO,
ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE
BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE
SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS
PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS."
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF
THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL RECEIVE UP TO FIVE (5) MINUTES UNLESS THE TIME
IS ADJUSTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO
PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACiliTIES
MANAGEMENT DEPARTMENT lOCATED AT 3301 EAST TAMIAMI TRAil, NAPLES, FLORIDA, 34112,
(239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
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1. INVOCATION AND PLEDGE OF ALLEGIANCE
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. June 8, 2005 - BCCILDC Meeting
C. June 14, 2005 - BCC/Regular Meeting
D. June 15, 2005 - BCC/Budget Hearings
E. June 16,2005 - BCC/Budget Hearings
F. June 20, 2005 - Value Adjustment Board Special Masters Meeting
G. June 28, 2005- BCCIRegular Meeting
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 20 Year Attendees
1. Jose McGee, Road Maintenance
2. Francis Mlllot, Bureau of Emergency Services
3. David Weeks, Comprehensive Planning Department
B. 30 Year Attendees
1. William Spencer, CDES Engineering
4. PROCLAMATIONS
A. Proclamation designating August 1-5, 2005 as Collier County Fire Fighters Appreciation
Week. To be accepted by Melissa Pfeffer, Program Coordinator, Muscular Dystrophy
Association; Matt Zaleznlk, Golden Gate Fire Department; Brian Wertz, North Naples Fire
Department; Bill Warren, City of Naples Fire Department; and Matt Johnson, East Naples Fire
Department.
5. PRESENTATIONS
A. Recommendation to recognize Jeanne Nadeau, Code Enforcement Investigator as
"Employee of the Month" for July 2005.
B. Presentation by Jim Lushlne, Warning Coordination Meteorologist, and Rusty Pfost, Chief
Meteorologist for the Miami Weather Service OffIce regarding StormReady.
C. A presentation of a brief overview of "Operation Concerted Effort" a disaster exercise
conducted by the Department of Emergency Management on May 5, 2005.
D. Presentation of the 2005 Collier County Citizen Survey by the Communication and Customer
Relations Department.
6. PUBLIC PETITIONS
A. Public Petition Request by Mr. Richard J. Salem, Esquire, to discuss Oakhaven Apartments,
Limited Partnership; Extension of "Deferred or Waived" Impact Fees.
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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 has been continued to the October 11, 2005 BCC Meeting. This item requires that
all participants be sworn In and ex parte disclosure be provided by Commission members.
CU-2004-AR-6384 Golden Gate Congregation of Jehovahs Witnesses, represented by Mike
Landy, of Landy Engineering, Inc. requesting a Conditional Use In the Estates zoning district
for an additional church building pursuant to Table 2 of Section 2.04.03 of the Collier County
Land Development Code. The proposed Conditional Use will replace the existing CU-96.12
(E) Ordinance Number 97-440. The new church building Is proposed to be 4,400 square feet.
The property consisting of 5.15 acres, Is located at 3480 Golden Gate Boulevard S.W., Tract
81, Golden Gate Estates Unit No.4, In Section 11, Township 49 South, Range 26 East,
Naples, Florida.
8. ADVERTISED PUBLIC HEARINGS
A. This Item to be heard at 1 :00 p.m. This Item continued from the June 28, 2005 BCC Meeting.
Recommendation to approve an Ordinance of the Board of County Commissioners of Collier
County, Fiorlda, amending Chapter 74 of the Code of Laws and Ordinances, as amended by
Ordinance No. 200113 (The Collier County Consolidated Impact Fee Ordinance, as amended),
repealing a portion of S74201, and replacing same in S74-401(a); amending Article IV
pertaining to the affordable housing provisions to eliminate provisions for waiver of Impact
fees for affordable housing; establishing a ceiling on the amount of Impact fee deferrals;
reorganizing provisions In Articles II and IV relating to affordable housing for clarity;
providing for conflict and severability; providing for Inclusion In the Code of Laws and
Ordinances; and providing for an effective date.
B. This item requires that all participants be sworn In and ex parte disclosure be provided by
Commission members. PUDZ-2004-AR-6631, Big Bear Plaza CPUD, Norman Taylor,
represented by Kelly Smith, of Davidson Engineering, Inc., requesting a rezone from the
Estates (E) zoning district to the Commercial Planned Unit Development (CPUD) zoning
district for low intensity transitional commercial land uses, convenience commercial land
uses and Intermediate commercial land uses. The subject property, consisting of 5.46 acres,
Is located at the northeast corner of the intersection of Golden Gate Boulevard and
Everglades Boulevard, within Section 5, Township 49 South, Range 28 East, Collier County,
Florida.
C. This Item to be heard at 3:00 p.m. This Item requires that all participants be sworn In and ex
parte disclosure be provided by Commission members. PUDZ-A-2004-AR.5998: Collier
County Board of County Commissioners, represented by Coastal Engineering Consultants,
Inc., requesting a rezone from Planned Unit Development (PUD) to Community Facilities
Planned Unit Development (CFPUD) for a project previously known as the Bembrldge PUD,
to change the name to the Bembridge Emergency Service Complex PUD, amend the
previously approved PUD document and Master Plan to show a change in use from
residentiai development and a church or a nursing home, to allow development of
community facilities to Include an Emergency Management Operations Center, other
government facilities, and an existing Elementary School. The project consists of 39.82i
acres and Is located on Santa Barbara Boulevard, north of Davis Boulevard, In Section 4,
Township 50 South, Range 26 East, Collier County, Florida.
D. This Item to be heard at 5:00 p.m. Recommendation to approve an Ordinance Amending
Ordinance No. 92-60 relating to Tourist Development Taxes, as amended, for the increase of
1% to the Collier County Tourist Development Tax to be dedicated 100% to marketing,
advertising and promotion and related language changes.
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E. This Item to be heard at 2:00 p.m. This petition requires that all participants be sworn In and
ex parte disclosure be provided by Commission members. PUDA.2005-AR-7085: The Public
Utilities Division and the Collier County Board of County Commissioners, represented by
Bruce Tyson, AICP, of WllsonMiller, Inc., are requesting an amendment to the Orangetree
PUD Document and Master Plan to change the tract designation of approximately 216 acres
from Agriculture to Public Facility and Community Use. The primary use of the Public Facility
portion of the property will be to locate water treatment and water reclamation facilities. The
Community Use portion will be used primarily for park use and a recycling collection center.
The amendment will also correct an unintended tract designation error on the Master Pian.
The subject property Is located in the northeast portion of the Orangetree PUD. Access to
the property will be from Immokalee Road using the same road as that for the Collier County
Fairgrounds, In Sections 11 and 14, Township 48 South, Range 27 East, Collier County,
Florida.
F. This item to be heard at 11 :00 a.m. Recommendation that the Board establish a Municipal
Services Benefit Unit pursuant to a petition of property owners to fund the restoration of the
lake between 107th Avenue North and 108th Avenue North and Improve stormwater
management for surrounding properties.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of member to the Tourist Development Council.
B. Appointment of members to the Hispanic Affairs Advisory Board.
C. Appointment of members to the Public Vehicle Advisory Committee.
D. Appointment of member to the Health Facll ities Authority.
E. Request Collier County Board of Commissioners approve the opening of the 2005 Cycle I
Growth Management Plan Amendments. (Commissioner Coletta)
F. Discussion regarding The Haldeman House. (Commissioner Coletta and Commissioner
Fiala)
G. Discussion regarding FEMA Floodplain Mapping Project. (Commissioner Coletta)
H. Discussion regarding the Operational Efficiency and Effectiveness Study Workshop
tentatively scheduled for November 9, 2005. (Commissioner Halas)
10. COUNTY MANAGER'S REPORT
A. Recommendation to adopt a Resolution authorizing the borrowing of an amount not to
exceed $40,000,000 from the Pooled Commercial Paper Loan Program of the Florida Local
Government Finance Commission pursuant to the loan agreement between the Board of
County Commissioners and the Commission In order to finance the acquisition of the
Caribbean Gardens property; authorizing the execution of a loan note or notes to evidence
such borrowing; agreeing to secure such loan note or notes with a covenant to budget and
appropriate legally available non-ad valorem revenues as provided in the loan agreement;
authorizing the execution and delivery of such other documents as may be necessary to
effect such borrowing; and providing an effective date. (Michael Smykowskl, Director, Office
of Management and Budget)
B. Recommendation to adopt the proposed millage rates as the maximum property tax rates to
be levied in FY 2006. (Michael Smykowski, Director, Office of Management and Budget)
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C. Recommendation to award a contract to McDonald Transit to provide consolidated
management for the Collier Area Transit and the Paratranslt System as Identified in RFP #05-
3845 and to allow staff to negotiate a contract. (Norman Feder, Administrator, Transportation
Services)
D. Recommendation to approve construction of a sewer force main to change service for the
Collier County Government Center from the City of Naples to the Collier County Sewer
District, Project number 52005 with an estimated fiscal impact of $1,650,000.00. (Jim DeLony,
Administrator, Public Utilities)
E. Recommendation to approve a Developers Contribution Agreement (in the amount of
approximately $845,000) with Target/Kite Realty Group to finalize the exact size, location and
design details for the 1-75 on ramp at Immokalee Road. (Norman Feder, Administrator,
Transportation Services)
F. Recommendation to approve Contract Amendment No.2, Exhibit E, for a Guaranteed
Maximum Price (GMP) of $20,646,800 under Contract No. 04-3576, Construction Manager at
Risk Services for Courthouse Annex and Parking Garage, with Kraft Construction Company,
Inc. for the construction of the Courthouse Annex floors 1-4, Phase I, project number 52533.
(Skip Camp, Director, Facilities Management)
G. Recommendation to Approve Selection of Qualified Firm and Award a Contract Under ITN 05-
3583 "CEI Services for Collier County Road Projects" for Project No. 60005 "Goodlette Frank
Road, from Golden Gate Parkway to Pompei Lane in the amount of $1,195,286. (Norman
Feder, Administrator, Transportation Services)
H. Recommendation to award Bid #05-3849 to D. N. Higgins, Inc. and approve the necessary
budget amendment for the 12th Avenue Interconnect Booster Pumping Station In the amount
of $1,083,000, Project Number 71006. (Jim DeLony, Administrator, Public Utilities)
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, that Item(s) will be removed from the Consent Agenda and considered
separately.
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1. Recommendation to approve for recording the final plat of "Valencia Golf and Country Club
_ Phase 2", approval of the standard form Construction and Maintenance Agreement and
approval of the amount of the performance security
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2. Recommendation to approve the Release and Satisfactions of Lien for payments received
for the following Code Enforcement actions; Alma Walker & Ardis Walker Estate,
Resolution 92-64, Resolution 94-642, Resolution 91-130; Park East Dev. Ltd Resolution
2005-04; Alfonse & Greta Bottino, Resolution 2003-04, Resolution 2003-05, Resolution
2003-06; Adela Miazga Resolution 95680; Jesus Gomez, Resolution 2004-148; Priscilla
Caffa-Mobiey Et AI., Resolution 2005-17; Priscilla Caffa-Mobiey, Eddy Washington,
Stephanie Davis & Tammy Fletcher, Resolution 2005-45, Morris Thomas, Resolution 2005-
67; Evans & Marie Volcy, Resolution 2005-59; Tsalach Investments, LLC., Resolution 2005-
58; Valerie S. Tausch, Resolution 2004.274; Paul Rlddleberger, Jr., Resolution 200140;
Alfredo & Marla Sliva, CO 2004100318; John & Susan Quartuccl, CO 2004071165; Danialle
Steed, CE 0267; Jason & Christina Sellers, 2005030953; Peter C. Amidon TR., 2005040615;
Fatima Cagran, 2004020181; Stuart McFetridge, SO 146425; Christy Patenaude & Gabriel
DeRose, CO 2005010210; Daniel Ryan, CO 2004120585; Jesse Slongco, SO 109953; Frank
Grehl, CE 0154; Ellma St. Louis, CO 2005030615; Raymond Daly, CE 1287; Philip Ryder, CE
1456; Norman Erickson, CE 0337; Craig Bartholow, SO 146799; Alan & Inez Moniz, CO
2005020316; Donald Roberts, Jr., CO 2005010855; Martha Lee Johnson, CEB 2004-77;
Alexis Palomeque, CEB 2005-03.
3. Recommendation to grant final approval of the roadway (private) and drainage
improvements for the final plat of "Islandwalk Phase One". The roadway and drainage
improvements will be privately maintained
4. Recommendation to approve final acceptance of water and sewer utility facilities for
Veteran's Park Commons.
5. Recommendation to approve a Budget Amendment recognizing the Fiscal Year 2006 U.S.
Department of Housing and Urban Development (HUD) entitlement funding, State Housing
Initiatives Partnership Program (SHIP) allocation and corresponding budgets.
6. Recommendation to approve for recording the final plat of "Veronawalk Phase 3B",
approval of the standard form Construction and Maintenance Agreement and approval of
the amount of the performance security
7. Recommendation to approve a Budget Amendment in the amount of $400,924 to recognize
and accept three (3) grant agreements from the U.S. Department of Housing and Urban
Development (HUD) for 2004 Continuum of Care funding and authorizing the Chairman to
sign the three grant agreements.
8. Recommendation to approve the application by Sano and Associates, Incorporated, dba
High Velocity, for the Job Creation Investment Program, the Advanced Broadband
Infrastructure Investment Program and the Fee Payment Assistance Program.
9. Recommendation to approve an application for participation in the Advanced Broadband
Infrastructure Investment Program by Hole Montes, Incorporated.
10. Recommendation that the Board of County Commissioners accept the Annual Report on
the activities related to the Job Creation Investment Program, the Advanced Broadband
Infrastructure Investment Program, the Property Tax Stimulus Program, and the Fee
Payment Assistance Program.
11. Recommendation to approve the application by Training and Manufacturing Institute,
Incorporated for the Job Creation Investment Program and the Fee Payment Assistance
Program.
12. Recommendation to approve a resolution authorizing expenditure of funds for Collier
County Planning Commissioners to attend seminars, workshops, and conferences related
to their duties.
13. Recommendation to approve an application for participation In the Advanced Broadband
Infrastructure Investment Program by NCH Healthcare System, Incorporated for three (3)
site locations.
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14. Recommendation that the Collier County Board of County Commissioners approve a
Budget Amendment In the amount of $39,900. transferring funds from Impact Fee Revenue
to Impact Fee Operating Expenses, within Fund 131, for the payment of expenses related to
the Fire Protection Impact Fee Update Study and the Educational Facilities Impact Fee
Update Study.
15. Recommendation to approve a Special Cycle to amend the Collier County Land
Development Code, primarily for the purpose of: 1) adding a provision for the reclamation
of excess Intensity from developments that have achieved a built out status with less than
the permitted number of dwelling units; 2) adding Transfer of Development Rights (TDRs)
bonus provisions; 3) clarifying TDR Credit usage In association with the development of
stand alone golf courses and residential golf course projects; and, 4) modifying some
Rural Village development standards.
16. Recommendation to approve the execution of a conditional grant agreement with Big
Cypress Housing Corporation, per the U.S. Department of Housing and Urban Development
(HUD) recommendations, In order to retain 2003 HOME Investment Partnerships Program
funds for the development of the Eden Gardens affordable housing complex.
17. Recommendation to adopt a Resolution amending the Collier County Administrative Code
Fee Schedule of development.related review and processing fees as provided for In Code
of Laws Section 2-11.
18. Recommendation to approve Resolution 05-_ accepting the attached Audubon Country
Club PUD Bald Eagle Management Plan to replace the existing 1991 and 2001 Management
Plans.
B. TRANSPORTATION SERVICES
1. Recommendation to grant easements to Florida Power & Light Company over nine parcels
owned by Collier County.
2. Recommendation to adopt a resolution authorizing the transfer of property from the Florida
Department of Transportation to Collier County for public purpose. Estimated fiscal Impact:
$27.00.
3. Recommendation to approve a budget amendment In the amount of $80,000.00 for
Engineering Consulting Services for Stormwater Improvements within the Palm River
Country Club Lane Area (Project No. 510074).
4. Recommendation to approve Adopt-A-Road Agreements three (3) for the following:
Arlene's At Your ServIce, Liz Appling-Florida Home Realty and Palmetto Ridge High School
JROTC.
5. Recommendation to approve the purchase of right-of-way parcels 114 and 714 which are
required for the expansion of Collier Boulevard project 65061. Total fiscal Impact:
$146,587.82.
C. PUBLIC UTILITIES
1. Recommendation to adopt a Resolution approving a Florida Department of Transportation
(FDOT) Standard form Utility Work Agreement regarding Collier County relocating Its utility
facilities necessitated by FDOT widening of 1-75 (State Road 93) from North of Golden Gate
Parkway to South of Bonita Beach Road, Projects 70045 and 73045.
2. Recommendation to approve a BA to transfer funds In the amount of $490,000 from the
Collier County Water-Sewer District Operating Fund (408) Reserve for Contingencies to
cover unanticipated operating expenses In the SCRWTP Cost Center.
3. Recommendation to approve Purchase of a Truck with Hydraulic Crane for the Water
Department from Atlantic Truck Center In the amount of $173,829 per State Contract #070-
700-322.
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4. Recommendation to authorize the Amendment of professional engineering services
agreement with Metcalf & Eddy, Inc. for the South County Regional Water Treatment Plant
8 MGD Reverse Osmosis (SCRWTP), Contract 98.2891, In the amount of $88,560 and
extend the time up to December 1, 2005, Project 70054.
5. Recommendation to approve Work Order HS.FT-05-04 with Hazen and Sawyer, P.C., In the
amount of $185,930 for professional engineering services related to the North County
Regional Water Treatment Plant (NCRWTP) Well Field Reliability Program, Projects 71006,
and 71011.
6. Recommendation to reject all proposals submitted In response to RFP #02-3382,
"Commercial Source Separated Organic Waste and Biosollds Processing and Beneficial
Use" Project Number 73127
7. Recommendation to approve a budget amendment In the amount of $69,000 for the transfer
of funds from the Collier County Water.Sewer District Operating Fund (408) Reserve for
Contingencies to cover unanticipated operating expenses in the Wastewater Reuse Cost
Center.
8. Recommendation to approve a Right-of-Way Consent Agreement and associated
Memorandum with Florida Power & Light Company permitting the construction of raw
water transmission mains and related facilities, within Florida Power & Light Company
power-line right.of.way, from the South County Regional Water Treatment Plant to the
vicinity of Rattlesnake Hammock Road for the South County Regional Water Treatment
Plant Reverse Osmosis Wellfield Expansion to 20-MGD, at a cost not to exceed $50.00,
Project Number 708921.
9. Recommendation to award Bid #05-3778 to Hannula Landscaping, Inc. for the North County
Water Reclamation Facility (NCWRF) Landscaping Improvements in the amount of
$182,665.00, Project Numbers 73077, 739501, and 739502.
10. Recommendation to approve Work Order VC-02-30 under Contract 02-3349, In the amount
of $197,100 to WM. J. Varian Construction Company, Inc. to effect repairs to the reclaimed
water storage tank at the South County Water Reclamation Facility, Project 74031.
11. Recommendation to approve amendment No.3 to Work Order No. GH-FT.02-9; Contract 00-
3119; Professional Utilities Engineering Services Agreement with Greeley and Hansen LLC
for the Design and construction of the Santa Barbara Sewer Force Main Interconnect
between the North and South Wastewater Collection Systems, Projects 73132 and 73151, In
the amount of $87,040.
12. Recommendation to award Bid #05-3867 for the purchase of an Itron Mobile Collection
System to Hersey Meters Company, In the amount of $33,000.00, for the Utility Billing and
Customer Service Department.
13. Recommendation that the Board of County Commissioners authorize the County Manager
to execute a budget amendment transferring appropriations from reserves in the
Mandatory Trash Collection Fund (Fund 473) to operations for payment to the County's
trash collection franchisee haulers for services provided to curbside customers who
received Certificates of Occupancy after October 1, 2004. Fiscal Impact Is $125,200.00.
14. Recommendation to approve the necessary Budget Amendment and to approve a
purchase order to Angle Brewer and Associates, L.C. In amount of $228,094.64 under
Sarasota County Contract 2003040 for Loan Procurement Services from Florida
Department of Environmental Protection (FDEP) for Project No. 701582, 2005 Well
Replacement Program (Tamlaml Well No. 34) and Project No. 710061, 2004 NCRWTP RO
Wellfleid Reliability (Lower Hawthorn RO Wells 18N, 19N and 20N.
15. Recommendation to approve a final Change Order to Contract 00-3171 with MWH
Americas, Inc. for additional time and a deductive amount of ($687,560.82), and approve
any necessary budget amendments for the South County Water Reclamation Facility 16
MGD Expansion Project 73949.
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16. Recommendation to reject all proposals received under RFP #05-3813, "Professional
Services to Develop County Water and Wastewater Master Plans, with Rate Structure and
Impact Fee Studies," Project Nos. 700704 and 730664.
17. Recommendation to approve second contract under RFP #00-3129 for the standardization
of an automatic meter reading system with AMCO Water Metering Services, Inc. In the
estimated amount of $2,000,000. ($500,OOO/year for 4 years)
18. Recommendation to authorize the County Manager to execute a budget amendment
moving funds from the Mandatory Trash Collection Fund Reserves to the Mandatory Trash
Collection Fund Operations for citizen outreach, education and advertising costs
associated with the Implementation of the new trash collections franchisee agreements.
Fiscal impact Is $283,658.00 from Reserves in Fund (473).
D. PUBLIC SERVICES
1. Recommendation to award Bid #05.3840 to multiple vendors for purchase and delivery of
arts and crafts supplies for Parks and Recreation programs at an estimated annual
expenditure of $50,000.
2. Recommendation to approve the after-the.fact submittal of a State of Florida Department of
Transportation Grant to the Collier County Metropolitan Planning Organization for the 2005
Transportation Enhancement Program to begin the Restoration of Observation Car #6602
at the Naples Depot Transportation Museum In the amount of $243,400
3. Recommendation to accept a Let's Talk About It: Jewish Literature grant from the
American Library Association for a series of book discussion programs for $1,500.
4. Recommendation to apply to the Florida Developmental Disabilities Council, Inc. for an
Inclusive Summer Recreation Grant to fund training of camp counseiors for children with
special needs in an amount not to exceed $100,000.
5. Recommendation to approve a Florida Recreation Development Assistance Program Grant
Agreement for $200,000 for development of North Collier Regional Park.
6. Recommendation to approve conveyance of three Easements to Florida Power & Light
Company for providing electric service to North Collier Regional Park on Livingston Road,
at a cost not to exceed $157.75, Project 806021.
7. Recommendation to grant a Deed of Conservation Easement to the South Florida Water
Management District for the Vanderbilt Beach Parking Garage at a cost not to exceed
$45.00, Project 90295.
8. Recommendation to award Work Order #VC-02-34 in the amount of $63,429 to Wm. J.
Varian Construction Co., Inc. for the purchase and Installation of new filters for the
swimming pool at Immokalee Sports Complex.
9. Recommendation to reject Bid No. 05.3824 for Phase II Improvements to Eagle Lakes
Community Park.
10. Recommendation to recognize and budget an additional $96,029 authorized by the State
Aid to Library Program for Collier County Public Library.
11. Recommendation to approve the attached resolution and accept $500,000 donation of W.
R. Rose Foundation, for the construc tlon of a meeting room at the Marco Island Branch
Library .
12. Recommendation to authorize the Chairman to sign the contract with Innovative Interfaces,
Inc., for a Library automation system, at a cost of $268,845.
13. Recommendation to approve a budget amendment recognizing $14,500 In revenue from the
sale of live bait at Caxambas Park and approve a modification In the amount of $10,000 to
Purchase Order #4500035141 with Naples Wholesale Bait.
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E. ADMINISTRATIVE SERVICES
1. Recommendation that the Board of County Commissioners, acting In their capacity as
Trustee of the GAC Land Trust, approve and execute a Rlght-of-Entry to enable the drilling
of public water supply test/production and monitor wells on Unit 14. Tract 127, Golden Gate
Estates.
2. Recommendation to convey a Utility Easement for a wastewater master pump station and a
public water supply well site with Its associated pipeline on property dedicated within the
Heritage Bay PUD at an estimated cost not to exceed $53.50, Project 730791 and Project
710061.
3. Recommendation to approve an Agreement for the conveyance of GAC Trust Reserved
Land to the Collier County Parks & Recreation Department for a Neighborhood Park for the
residents of Golden Gate Estates.
4. Recommendation to ratify additions to, modifications to and deletions from the 2005 Fiscal
Year Pay and Classification Plan made from March 24. 2005 through June 30, 2005.
5. Recommendation to approve a confined space gas monitoring system for the water,
wastewater and risk management departments.
6. Recommendation to approve a budget amendment to Increase the FY04-05 Fleet
Management Fund (521) operating budget expenditures and associated revenues by
$60,000.
7. Recommendation to approve an agreement with Collier County District School Board for
the 2005 Driver Education Grant Program.
8. Recommendation to approve submittal of four grant requests to the Big Cypress
Basin/South Florida Water Management District for FY 06 funding.
9. Recommendation to approve submittal of two grant applications for Harvard University's
Innovations In American Government Award.
10. Recommendation to award ITQ #05-3657 . "Project Management Oversight Services" to
CH2MHIII, PBS&J, Johnson Engineering, URS, Construction Dynamics Group, Parsons
Brinckerhoff,Maicolm Plrnle, Quattrone and Heery International.
11. Recommendation to approve a $121,732 change to contract #03-3489, "Professional
Architectural and Design Services for Addition to And Renovation of The Golden Gate
Library", with Barany Schmitt Summers Weaver and Partners, Inc. (BSSW) to modify the
scope to design a separate building rather than an addition, project 54261.
12. Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-
Approved Contracts.
13. Recommendation to approve contract #05.3850, "Collier County Government Center
Architectural I Engineering Services", with SpilUs Candela & Partners, Inc.
14. Recommendation to approve a $214,797.50 change to contract #03-3448, "Professional
Architectural and Design Services for Collier County Emergency Services Complex", with
Harvard Jolly to address scope changes with the design, project 52160.
15. Recommendation to approve a $58,875 change to contract #02-3422, "Professional
Architectural Services for New County Fleet Facility", with Disney & Associates, P.A. to
modify the scope to Initiate the potential design of a Collier Area Transit Facility, projects
52009 and 35010.
16. Recommendation to approve a budget amendment In the amount of $535,000 to fund the
payment of Workers' Compensation and reinsurance expenses through the end of Fiscal
Year 2005.
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F. COUNTY MANAGER
1. Board ratification of Summary, Consent and Emergency Agenda Items approved by the
County Manager during the Board's scheduled recess. Per Resolution Number 2000.149,
"Approval of this Agreement by the County Manager is subject to formal ratification by the
Board of County Commissioners. If the decision by the County Manager Is not ratified by
that Board, this Agreement shall be enforceable against Collier County only to the extent
authorized by law In the absence of such ratification of that Board."
2. Recommendation to approve a Services Contract between Live Oak Production Group and
Collier County to produce a documentary on the Western Everglades, called "The Big
Cypress Swamp" in an amount not to exceed $40,000.
3. Recommendation to seek formal competition to hire a state lobbyist to represent Collier
County In Tallahassee.
4. Approve Budget Amendments
5. Recommendation to approve a Disaster Mutual Aid Agreement between Collier County and
multiple public and private emergency/disaster response agencies.
6. Recommendation to approve Memorandums of Understanding between Collier County and
multiple public and private disaster relief and assistance agencies.
7. Recommendation to approve an annual contract for $97,500 with The Ferguson Group for
federal lobbying services.
8. Recommendation to approve and transmit Senate Bill 360 Glitch Amendments as provided
by Collier County government staff to the Collier County Legislative Delegation, the Florida
Senate Committee on Community Affairs and the Florida House Committee on Growth
Management, and the Florida Association of Counties.
G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
H. BOARD OF COUNTY COMMISSIONERS
1. Final status report to the Board of County Commissioners from the Community
Character/Smart Growth Advisory Committee, sunsettlng June 26, 2005.
2. Commissioner Halas requests Board approval for reimbursement for attending a function
serving a valid public purpose. Commissioner attended a dinner hosted by Raymond
James & Associates, Inc., Bryant Miller & Olive P.A., The PFM Group, and Wells Fargo
Corporate Trust Services at the Florida Association of Counties Annual Conference in
Tampa, Florida on June 21, 2005. $45.00 to be paid from Commissioner Halas' travel
budget.
3. Commissioner Haias requests Board approval for reimbursement for attending a function
serving a valid public purpose. Commissioner attended a dinner hosted by Waste
Management, Inc. at the Florida Association of Counties Annual Conference In Tampa,
Fiorlda on June 22, 2005. $15.33 to be paid from Commissioner Halas' travel budget.
4. Commissioner Halas requests Board approval for reimbursement for attending a function
serving a valid public purpose. Commissioner attended a evening reception hosted by
Waste Management, Inc. at the Florida Association of Counties Annual Conference In
Tampa, Florida on June 22, 2005. $17.00 to be paid from Commissioner Halas' travel
budget.
I. MISCELLANEOUS CORRESPONDENCE
1. Miscellaneous correspondence to file for record with action as directed.
Page 11 of 13
J. OTHER CONSTITUTIONAL OFFICERS
1. Recommendation that the Board of County Commissioners serve as the local coordinating
unit of government In the Fiorlda Department of Law Enforcement's Edward Byrne
Memorial State and Local Law Enforcement Assistance Formula Grant, approve the
Sheriffs Office grant application, authorize acceptance of the grant award, and approve
associated budget amendments.
K. COUNTY ATTORNEY
1. Recommendation to authorize the making of an Offer of Judgment to Respondent, April
Circle, Ltd., for Parcel Nos. 146/746 In the amount of $222,755 In the lawsuit styled Collier
County v. April Circle, Ltd., et aI., Case No. 04.3679-CA (Immokalee Rd. Project 66042).
(Fiscal Impact $34,090.65 . If Offer accepted)
2. Recommendation to authorize the making of an Offer of Judgment to Respondent,
Wlntervlew Court II Master Association, Inc. for Parcel No. 1371n the amount of $10,000.00
in the lawsuit styled Collier County v. Wal-Mart Stores, Inc., et al., Case No. 04-3632-CA
(Immokalee Rd. Project 66042). (Fiscal Impact $3,013.00 -If Offer accepted)
3. Recommendation to approve the Offer of Judgment in the amount of $171,700.00 as to
Parcel 139 I" the lawsuit styled Collier County v. Edward Stanley Sandlten, et al., Case No.
02-5165-CA (Immokalee Road Project No. 60018). (Fiscal Impact $18,669.00--if Offer is
accepted)
4. Recommendation to authorize the making of an Offer of Judgment to Respondent, G.
Herbst, for Parcel No. 113 In the amount of $95,760.00 In the lawsuit styled Collier County
v. G. Herbst, et al., Case No. 02-5138-CA (Immokalee Road Project 60018). (Fiscal Impact:
$23,910.00 -If Offer accepted)
5. Recommendation to authorize the making of an Offer of Judgment to Respondent, Mary H.
Wagner, for Parcels 106 & 806 in the amount of $611,472.00 In the lawsuit styled Collier
County v. Tree Plateau Co., Inc., et aI., Case No. 03-0519-CA (Immokalee Road Project
60018). Fiscal Impact: $146,626.76 -If Offer accepted).
6. Recommendation that the Board approve, and authorize Its Chairman to execute, a License
Agreement to Use County Boat Ramp with the current owner of 4220 22nd Street NE,
Naples, Fiorlda.
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 be sworn In and Ex Parte Disclosure be provided by
Commission members. PUDEX.2005-AR-7501, Livingston Lakes PUD; Section Thirty
Corporation, LLC, owner of the Livingston Lakes PUD, represented by Dwight Nadeau, of
RWA, Inc., requesting a 2-year PUD Extension from February 23, 2004 (date the PUD
sunsetted) to February 23, 2006. The subject property, consisting of 46.73 acres, Is located
on the east side of Livingston Road, approximately Y4 of a mile south of Immokalee Road, In
Section 30, Township 48 South, Range 26 East, Collier County, Florida.
Page 12 of 13
B. This item requires that all participants are sworn in and ex parte disclosure be provided by
Commission members. Recommendation to approve Petition AVROW2005-AR7786 to
disclaim, renounce and vacate the County's and the Public's Interest In the east 20 feet of
the 50-foot wide parcel for road right-of-way along Smallwood Drive (formerly S.R. No. 29)
which was dedicated to Collier County by operation of law as set forth in S 95.361.(2) F.S.,
located In Section 31, Township 53 South, Range 30 East (Chokoloskee Island).
C. An ordinance amending Ordinance Number 04-41, as amended, the Collier County Land
Development Code (LDC), to correct a scrivener's error In Ordinance No. 05-27 due to an
unintended revision to LDC section 10.03.05 - to correctly provide notice within 500' of
property for certain public hearings before the Board of Commissioners, the Collier County
Planning Commission, the Board of Zoning Appeals, the Environmental Advisory Council,
and the Historic and Archeological Preservation Board; and by providing for an effective
date.
D. Recommendation that the Board of County Commissioners of Collier County, Florida adopt
an Ordinance amending the Collier County Consolidated Impact Fee Ordinance, 2001-13, as
amended, which Is Chapter 74 of the Collier County Code of Laws and Ordinances, to
provide for a change In the maximum home sales price for participation In the "Immokalee
Residential Impact Fee Deferral Program" from $175,000 to $254,250 which is also the State
Housing Initiatives Partnership (SHIP) limit for Collier County, in order to allow for more
effective utilization of the program by qualified applicants.
E. This Item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. PUDZ-A.2004.AR-6279, Dominic P. Tomei, President of Restoration
Church, Inc., and Timothy J. Crane, manager of Bucks Run Developers, LLC., represented by
William L. Hoover, AICP of Hoover Planning & Development, Inc., and as president of
Catalina Land Group, Inc., the manager of Bucks Run Estates, LLC, requesting a rezone from
the "PUD" to Mixed Use Planned Unit Development (MPUD) known as Bucks Run MPUD for
property located approximately 700 feet north of Vanderbilt Beach Road on the eastern side
of Collier Boulevard (C.R. 951), in Section 35, Township 48 South, Range 26 East, Collier
County, Florida.
F. Recommendation to adopt a Resolution revising the Collier County Water-Sewer District
Utilities Standards Manual.
G. Recommendation to approve a Resolution of the Board of County Commissioners of Collier
County Florida, adopting Collier County's Potable Water Wells Facility Plan, dated June
2005; and authorize the County Manager or his designee to submit this Plan to the Florida
Department of Environmental Protection.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY
MANAGER'S OFFICE AT 774-8383.
Page 13 of 13
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
July 26. 2005
Item 2F should read: June 20, 2005 - Value Adjustment Board Meeting. (Staff's request.)
Item 16A2: The listing of Philip & Anna Maria Marrone was omitted from the Agenda Index
title, but was included in the actual backup information. (Staff's request.)
Item 16A14: The dollar amount on Agenda Index indicates $39,900. The correct amount
is $39,990, as indicated in the Executive Summary. (Staff's request.)
Move Item 16A15 to 101: Recommendation to approve a Special Cycle to amend the Collier
County Land Development Code, primarily for the purpose of: 1) adding a provision for
the reclamation of excess intensity from developments that have achieved a built out
status with less than the permitted number of dwelling units; 2) adding Transfer of
Development Rights (TOR's) bonus provisions; 3) clarifying TOR Credit usage in
association with the development of stand alone golf courses and residential golf course
projects; and, 4) modifying some Rural Village development standards. (Commissioner
Coletta's request.)
Move Item 16C9 to 10K: Recommendation to award Bid #05-3778 to Hannula Landscaping,
Inc. for the North County Water Reclamation Facility (NCWRF) Landscaping Improvements
in the amount of $182,665, Project Numbers 73077, 739501, 739502. (Commissioner
Henning's request.)
Move Item 16F8 to 10J: Recommendation to approve and transmit Senate Bill 360 Glitch
Amendments as provided by Collier County government staff to the Collier County
Legislative Delegation, the Florida Senate Committee on Community Affairs and the
Florida House Committee on Growth Management, and the Florida Association of
Counties. (Commissioner Coletta's request.)
Item 1609: Under Considerations. 2nd paraaraph. 3,d sentence should read: "This amount
is over 100% (rather than 50%) greater than the engineer's estimate and budgeted funds."
The Recommendation should read: "That the Board of County Commissioners rejects Bid
No. 05.3824 for Phase II Improvements to Eagle Lakes Community Park and authorizes the
County Manager to award a contract in an amount not to exceed $300,000 for construction
of the interactive water feature in the BCC's absence in August." (Staff's request.)
Item 1611: Miscellaneous Correspondence should read: "County Government
Productivity Committee Minutes of May 18, 2005" (rather than Minutes of May 8,2005.)
(Staff's request.)
Move Item 17 A to 8G: This item requires that all participants be sworn in and Ex Parte
Disclosure be provided by Commission members. PUDEX -2005-AR-7501, Livingston
Lakes PUD: Section Thirty Corporation, LLC, owner of the Livingston Lakes PUD,
represented by Dwight Nadeau of FWA, Inc., requesting a 2-year PUD Extension from
February 23,2004 (date the PUD sunsetted) to February 23,2006. The subject property
consisting of 46.73 acres is located on the east side of Livingston Road, approximately %
of a mile south of Immokalee Road, in Section 30, Township 48 South, Range 26 East,
Collier County, Florida. (Commissioner Halas' request.)
Item 17F continued to the September 13. 2005 BCC meetina: Recommendation to adopt a
Resolution revising the Collier County Water-5ewer District Utilities Standards Manual.
(Staff's request.)
Note:
Item 16E10: These contracts shall be considered major fixed assignment agreements and
will have a maximum initial contract amount of $3 million per firm". (Staff's request.)
Time Certain Items:
Item 8A to be heard at 1 :00 p.m.: Recommendation to approve an Ordinance of the Board
of County Commissioners of Collier County, Florida, amending Chapter 74 of the Code of
Laws and Ordinances, as amended by Ordinance No. 2001-13 (The Collier County
Consolidated Impact Fee Ordinance, as amended), repealing a portion of ~74-201, and
replacing same in ~74-401(a); amending Article IV pertaining to the affordable housing
provisions to eliminate provisions for waiver of impact fees; establishing a ceiling on the
amount of impact fee deferrals; reorganizing provisions in Articles II and IV relating to
affordable housing for clarity; providing for conflict and severability; providing for
inclusion in the Code of Laws and Ordinances; providing for an effective date.
Item 8C to be heard at 3:00 p.m. This item requires that all participants be sworn in and ex
parte disclosure be provided by Commission members. PUDZ-A-2004-AR-5998; Collier
County Board of County Commissioners, represented by Coastal Engineering
Consultants, Inc., requesting a rezone from Planned Unit Development (PUD) to
Community Facilities Planned Unit Development (CFPUD) for a project previously known
as the Bembridge PUD, to change the name to the Bembridge Emergency Service
Complex PUD, amend the previously approved PUD document and Master Plan to show a
change in use from residential development and a church or a nursing home, to allow
development of community facilities to include an Emergency Management Operations
Center, other government facilities, and an existing elementary school. The project
consists of 39.82 +/- acres and is located on Santa Barbara Boulevard, north of Davis
Boulevard, in Section 4, Township 50 South, Range 26 East, Collier County, Florida.
Item 80 to be heard at 5:00 p.m. Recommendation to approve an Ordinance amending
Ordinance No. 92-60 relating to Tourist Development Taxes, as amended, for the increase
of 1% to the Collier County Tourist Development Tax to be dedicated 100% to marketing,
advertising and promotion and related language changes.
Item 8E to be heard at 2:00 p.m. This petition requires that all participants be sworn in and
ex parte disclosure be provided by Commission members. PUDA-2005-AR-7085; The
Public Utilities Division and the Collier County Board of County Cornmissioners,
represented by Bruce Tyson, AICP of WilsonMlller, Inc., are requesting an amendment to
the Orangetree PUD Document and Master Plan to change the tract designation of
approximately 216 acres from Agriculture to Public Facility and Community Use. The
primary use of the Public Facility portion of the property will be to locate water treatment
and water reclamation facilities. The Community Use portion will be used primarily for
park use and a recycling collection center. The amendment will also correct an
unintended tract designation error on the Master Plan. The subject property is located in
the northeast portion of the Orangetree PUD. Access to the property will be from
Immokalee Road using the same road as that for the Collier County Fairgrounds in Section
11 and 14, Township 48 South, Range 27 East, Collier County, Florida.
Item 8F to be heard at 11 :00 a.m. Recommendation that the Board establish a Municipal
Services Benefit Unit pursuant to a petition of property owners to fund the restoration of
the lake between 10th Avenue North and 1 oath Avenue North and improve stormwater
management for surrounding properties.
Collier County
Potable Water Wells Facilities Plan
PUBLIC HEARING
Item 17G
DATE: 7/26/2005
Actions:
1) Open the Public Hearing
2) State the below for the record:
"The purpose of this meeting is to discuss the adoption of the Collier County's
Potable Water Wells Facilities Plan. Once adopted, the County may avail itself of
low-cost SRF funds to construct the projects contained within the plan,
specifically, Tamiami Well #34 and Hawthorn RO Wells 18-20.
The intent is to add new wells in a phased program to replace existing wells
consistent with the 2003 Update to the Water Master Plan Update, adopted by
the Board on May 24, 2004.
In order to maintain production capacity, reliability, and system flexibility,
additional raw water supply wells need to be built.
Alternatives considered were 'no action' which was rejected due to the need to
improve reliability and constructing the wells at other locations, which was
rejected due to additional transmission costs.
There are no negative environmental impacts anticipated to be caused by the
proposed projects.
The recommended actions are consistent with Collier County's Comprehensive
Plan and support the County's intent to secure maximum eligibility for funding all
anticipated raw water supply construction projects utilizing the lowest cost
funding available.
The public purpose is to save ratepayers approximately $2.5 million by using a
20-year low-interest State Revolving Funds (SRF) loan versus a 20-year bond at
current market rates. Collier County is seeking loan funding in the amount of
$8,700,000
The current rate structure is sufficient to absorb the debt for this project".
3) Solicit Public Comments
4) State Requested Action:
"The council is requested to approve the resolution adopting the Facilities Plan
immediately following this Public Hearing".
5) Close the Public Hearing
PROCLAMA TION
Agenda Item No. 4A
'July 26,2005
Page 1 of 2
,--
WHEREAS, fitJhtfnI1 fl,.. 16 t/M t1f the most ,...,...~, ,..pring
~ $hWlfllh, mm/ntI, .xtrInIti_ tNI1ting, CfJUf'tI{JII, tI1ItI
_lfIus ClHtCMff fr the WtllftJIW t1f tJII" cltfBIIS: and,
WHEREAS, In tJddItItJn to theI,. dally srtIIa to ctIIIJfIfIUIfititls FI,. F/gIrttIt's
tIrrlugIttIuf the shrtrI tI1ItI tJCI"OII$ the IIIItfM hatIe JoiI*I the
MuscuItIf' f:)ystrtJphy ASStlClaflM fr 'I1w ptlst 47 yurs III the
f/glrt tJgtlllllf 1IfJII"tJIfIuscu/tl,. dl$MIscs: tIIfd,
WHEREAS, FkriJa F/,. Figh"" t:tJIlt1t::tfJd "".,. $1.2 ",HIIoII III tI"", 300
t:tJl'll/nUllltfu with ",.,. 2004 "FHI ",. BHt. ctltnpalgn ftr MDA,
tIfJtllll maJd"9 them Ml>A:r I~st $tIUI"CC t1f fuIIdIlW: tmd,
WHEREAS, the futIds CtIIItN:ted by the CtJIIIr CIJuffty FifW FigIrtr.s tI$$Ist ",.
MDA ill pt"tWfdIIIg tnMIiedI stI/Wciu at I<<:tII cIiIIIt:I, $UIfIIJIIIf' Cdmp,
,..tUCh grant., !Il/f1PDrl' groups, a"" public .ducatfM .",1111I1"$ tit
/It1 em- to !tical chlldfWII tIIItI famllltlS: tIIItI,
,,-..
WHEREAS, III""'" tlf .~ t1f the CtllIItr CIJuffty F/,. Figh'hlr.r, the
MusaJItr tIym""" ARt1cIatlM Is sptIfIM"iIIg CtJI/Ir CIJuffty F/,.
Fightr A"",..atltitlll WINk,. tmd,
WHEREAS, It 16 .",..,.,. ffJf' all CtJIIIr Cwtdy cltizMs to,jtJ/II ",.
MIIfIt:UItr D,sh""" AII$itIc/tItItNIIII this tribute to tJII" FIfW
Figh'hlr.r.
NOW THEREFORE, bIIlt prtJdaIlIItId by the B<<rd t1f CtIIIdy ~
tlf CtIIIIr CIJuffty, FIt1rlda that Augutd I thrrJufIJr 6, ZfXJ!1 bII
dtIS/gntItwd tIS
CoIl. CtJunty Fire Fighters Appt'tlcitltlDn Week
DONE ~ND ORDERED THIS 26th (If July, 2006.
BOARD OF COtINTY ~0M:1lS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
ATT"EST:
Dw:a;HT E. IJROCK, a.ERK
,'--
Item Number
Item Summary
Meeting Date
Approved By
James V. Mudd
Board of County
Commissioners
Agenda Item No. 4A
July 26, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
4A
Proclamation designating August 1-5, 2005 as Collier County Fire Fighters Appreciation
Week. To be accepted by Melissa Pfeffer, Program Coordinator, Muscular Dystrophy
Association; Matt Zaleznik, Golden Gate Fire Department; Brian Wertz, North Naples Fire
Department: Bill Warren, City of Naples Fire Department: and Matt Johnson, East Naples
Fire Department.
7/26120059:00:00 AM
County Manager
Date
County Manager's Office
7/15/20059:24 AM
Agenda Item No. SA
July 26,2005
Page 1 of 2
.--
EXECUTIVE SUMMARY
Recommendation to recognize Jeanne Nadeau, Investigator, Code Enforcement, as
Employee of the Month for July 2005
OBJECTIVE: To recognize Jeanne Nadeau, Code Enforcement Investigator, as Employee of
the Month for July 2005.
CONSIDERATIONS: On June 3, 2003 Jeanne Nadeau filed a property inspection report that
listed deplorable conditions and many code violations on a particular property. All of this was
within the scope of her position and could have ended there. However, she was aware of the
situation of the owner and took it upon herself to see what assistance might be available to her.
Jeanne contacted the Financial Administration and Housing office and asked about
rehabilitation assistance available to low-income clients. The Financial Administration and
Housing office was then contacted by the owner's representative who procured an application
and helped her client complete it. The client was accepted into the single-family rehabilitation
program in December 2003. Her home was a mobile home and it needed a great deal of work.
Although Jeanne closed her case file the moment the applicant was accepted into the SFR
program, Jeanne continued to be involved. She visited the site and enlisted deputies to watch
the property while work progressed. She worked hand-in-hand with other departments in the
County (such as permitting, building inspections, etc.) to ensure a smooth transition. Jeanne
has been an invaluable resource for the Financial Administration and Housing Department. She
,-.. knew the client had limited income and limited capability to cope with various situations, and she
went the extra step to ensure the client's safety and well-being. That client is about to receive a
newly renovated home and Jeanne Nadeau should be acknowledged for her efforts in this
matter.
FISCAL IMPACT: 8Employee of the Month8 selected receives a $150.00 cash award. Funds
for this award are available in the Department Budget Cost Center.
RECOMMENDATION: That Jeanne Nadeau is recognized as the "Employee of the Month" for
July 2005.
PREPARED BY: Dawn Ragone, Administrative Assistant, Human Resources Department.
,-..
Agenda Item No. SA
July 26, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
5A
Meeting Date
Recommendation to recognize Jeanne Nadeau. Code Enforcement Investigator as
"Employee of the Month" for July 2005.
7/26/20059:00:00 AM
Prepared By
Date
Dawn Ragone
Administrative Assistant
717120059:59:00 AM
Administrative Services
Human Resources
Approved By
Jean Merritt
Human Resources Director
Date
Administrative Services
Human Resources
7171200511:57 AM
Approved By
Len Goiden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
7/11/2005 9:41 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
7/12/20059;21 AM
Approved By
Michelle Edwards Arnold
Community Development &
Environmental Services
Code Enforcement Director
Date
Code Enforcement
7/12/200510:54 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
7/12/200511:01 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
7/12/20054:00 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
7/12/20055:33 PM
Agenda Item No. 58
July 26, 2005
Page 1 of 2
----
--
Jim Lushine, the warning coordination meteorologist, and Rusty
Pfost, chief meteorologist, of the Miami Weather Service Office will be
here to make the Storm Ready presentation to the Board of County
Commissioners on Tuesday, July 26, 2005.
Storm Ready is a nationwide community preparedness program that
uses a grassroots approach to help communities develop plans to
handle all types of severe weather-from tornadoes to tsunamis. The
program encourages communities to take a new, proactive approach
to improving local hazardous weather operations by providing
emergency managers with clear-cut guidelines on how to improve
their hazardous weather operations.
To be officially Storm Ready, a community must: '
. Establish a 24-hour warning point and emergency operations
center
. Have more than one way to receive severe weather warnings
and forecasts and to alert the public
. Create a system that monitors weather conditions locally
. Promote the importance of public readiness through community
seminars
. Develop a formal hazardous weather plan, which includes
training severe weather spotters and holding emergency
exercises.
Richard A. Zyvoloski Jr, KG4WSG, CEM, FPEM
Emergency Management Coordinator
Collier County Skywarn Coordinator
3301 E. Tamiami Trail, Bldg. F/Suite 103
Naples, FL 34112
Office: 239.774.8416
FAX: 239.775.5008
Web: http://www.CollierEM.org
-~,
Item Number
Item Summary
Meeting Date
Approved By
James V. Mudd
Board of County
Commissioners
Agenda Item No. 58
July 26, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
58
Presentation by Jim Lushine, Warning Coordination Meteorologist, and Rusty Pfost, Chief
Meteorologist for the Miami Weather Service Office regarding StormReady.
7/26/20059:00:00 AM
County Manager
Date
County Manager's Office
7/15/2005 12:09 PM
Agenda Item No. 5C
July 26.2005
Page 1 of 2
EXECUTIVE SUMMARY
Presentation of a brief overview of "Operation Concerted Effort" a disaster
exercise conducted by the Department of Emergency Management on May
5,2005
OBJECTIVE: To provide an overview of "Operation Concerted Effort" a multi-agency
bio-terrorism/mass casualty exercise conducted May 5, 2005. The presentation will
detail the results of and benefits gained from the exercise.
CONSIDERATIONS: Education, training and practice are paramount to ensure that
the operational capabilities and available resources of pubic and private emergency
response agencies are at the highest level. Multi-agency exercises are an invaluable tool
in achieving this goal.
FISCAL IMPACT: There is no Fiscal Impact associated with this Executive Summary.
--
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners support and
endorse future muhi-agency exercises for both natural and technological events.
Prepared By: Darcy Waldron, Sr. Administrative Assistant
Department of Emergency Management
,-
Agenda Item No. 5C
July 26, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
5C
Meeting Date
A presentation of a brief overview of "Operation Concerted Effort" a disaster exercise
conducted by the Department of Emergency Management on May 5. 2005
7/26/20059:00:00 AM
Approved By
Darcy Waldron
Senior Administrative Assistant
Date
County Manager's Office
Emergency Management
7113/200512:50 PM
Approved By
Dan E. Summers
Bureau of Emergency Services
Director
Date
County Manager's Office
Bureau of Emergency Services
7113/20052:34 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
7/13/20054:13 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
7/13/20054:26 PM
Approved By
Michael Smykowskl
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
7/13/20055:35 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
7/141200512:58 PM
____.._ . .____. "_"~_ .'.. ".__W',.
Agenda Item No. 50
July 26, 2005
Page 1 of 2
-
EXECUTIVE SUMMARY
P.....ntatlon of the 2005 Collier County Citizen Survey by the
Communication and Customer Relations Department
OBJECTIVE: To provide the results of the 2005 Citizen Survey conducted May 23-
June 3, 2005 by AboveWater Public Relations and Marketing of Naples. The presentation
will detail the results of the survey's findings.
CONSIDERATIONS: The 2005 Citizen Survey is the first countywide survey
conducted for Collier County government since 2002. The goal of the survey is to give
residents the opportunity to inform county officials about their policy preferences and to
grade the effectiveness and efficiency of County services and programs. County
officials, in turn, use the results to make key decisions, measure progress, plan future
steps and improve service delivery.
..-...
The 2005 public opinion poll, a telephone survey of a random sample of 512 Collier
County residents 18 years of age and older, was conducted from May 23 - June 3, 2005
by the Naples-based firm, AboveWater Public Relations and Marketing. AboveWater
is under contract with the county (RFP#04-3584) for Fixed Term Public Relations
Services. The poll's margin of error is plus or minus 5.0%. Interviews were conducted
in each of the five commissioner districts. Approximately 7,000 phone calls were made
to accomplish the survey sample.
The Office of the County Manager along with the Communication and Customer
Relations Department identified topics and issues that were deemed to be important in
determining how residents perceive the effectiveness of County Government programs
and services. A draft survey was circulated among the five divisions in the County
Manager's Agency to obtain additional input. The questionnaire was then developed and
refined with the assistance of AboveWater Public Relations & Marketing. Questioning
generally took the form of a series of statements. Those interviewed were asked if they
Agreed or Disagreed with or had No Opinion about each statement or whether they were
Satisfi~ Dissatisfied or had No Opinion. Questions from previous surveys conducted
by the County were also incorporated into the 2005 poll.
FISCAL IMPACf: Funds for the project are in the County Manager's fy 05 office
budget. The amount of the contract was $21,300.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners accept the findings
of the 2005 Citizen Survey.
Prepared By: John Torre - Director, Communication and Customer Relations
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1
Item Number
Item Summary
Meeting Date
Approved By
James V. Mudd
Board of County
Commissioners
Agenda Item No. 5D
July 26,2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
5D
Presentation of the 2005 Collier County Citizen Survey by the Communication and
Customer Relations Department.
7/26/20059:00:00 AM
County Manager
Date
County Manager's Office
7/19/20054:26 PM
Agenda Item No. 6A
July 26, 2005
Page 1 of 4
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COLLIER COUNTY MANAGER'S OFFICE
3301 But Tami8mi Trail . Naples, FL 34112 . 239-774-8383 . Fax 239-774-4010
June 30, 2005
Mr. Richard J. Salem. Eaquire
Satem l.8w Group, P A
Attorneys lit Law
Bank of America PIIZ8
101 EaIIt Kennedy Boukward. SUite 3220
T."pe FL 33802
Re: Public Petition Request to Diacuaa Oakhaven Apartments, Limited Partnership;
extension of -Deferred or Waived- Impact Fees
Dear Mr. Salem:
Please be advi8ed that you are 8Cheduted to appeer before the Collier Ccxfty Board ~
Commisslonera at the meeting. of July 28, 2005, RIglf'dlng the above I eferenoed subject.
Your petition to the Board of County Commla8lonet"l will be limited to ten minutes.
__ Please be 8dviaed that the Board will take no action on your petition lit this meeting.
However, ycu petition may be placed on a future agenda for COI"I8ideratIon at the
Board'. di8cretion. Therefore, your petition to the Board ahouki be to adviIe them of
your concem 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 Roor of the W.
Hannon Tunw BuIldIng (Building -Fj of the government compleX. PIee8e anwIg8 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 heslt8te to contact this
oftIce.
NMlmjb
00: David Weigel, County Attorney
Joseph Schmitt, Admlnlatlatof, C.D. & E.S.
~
Salem Law Group, ~A.
ATTORNEYS AT LAW
Bank of America PlIza
101 E. Kennedy BouleYard, Suite 3220
'IImpa, Florida 33602
tel: 813.224.9000/888.531.3131
flax: 813.221.8811
Agenda Item No. 6A
July 26. 2005
Pace 2 of 4
'limpa
Wubington, D.C.
--.- _....~~.__.._._--_.
June 29, 2005
Jim Mudd
Collier Co\mty Manaaer
Bldg. F~ 2nd Floor
3301 East Tamiami Trail
Naples, FL 34112
Re: Collier County Board of County CommiBBioners~ Request for Hearing July 26~ 2005;
Oakhaven Apartments~ Limited Partnership; Extension of "Deferred or Waived" Impact Fees
DcarMr. Mudd:
Please allow this letter II1d the accompanying document to serve as our request, on behalf of Oakhaven
Apartments, Limited Partnership~ to be heard before the Collier County Board of County Commissioners, at
their regularly scheduled meeting on Tuesday, July 26. 2005. In brief. action will need to be taken by the
Board in order to facilitate the extension of the deferred period allowed for the payment of impact fees for
improvements made in 1993 that resulted in the construction and continued utilization of 160 affordable
housing units in Immokalee~ Florida.
Subsequent to the Board's Resolution 93-28 of January 26, 1993~ an agreement to "waive or defer" impact
fees for a period of 15 years was entered in to affecting the subject property, a description of which is also
attached for your convenient review and reference. Since then. the apartments have been continuously offc:rc:d
as low-income/affordable housing in accordance with the ordinance, agreement and other applicable statutory
and financial requirements. The owner, Oakhaven Apartments, Limited Partnership, is contemplating the
transfer of the property to a new owner, subject to the impact fees being deferred for an additional 1S years
and, of course, provided that the new owner agrees to the restricted use as a condition precedent to the transfer
of title.
The action requested of the Board provides for its spproval of a IS yesr extension to the existing agreement,
through amendment of its term, and srants you authorization to execute any documents necessary to affect this
end. More extensive infonnation has been provided and reviewed with the County's affordable housing
senior staff whom, we under~ are supportive of this request.
Thank you in advance for your anticipated favorahle consideration of this request. We look forward to
~hearing from you and appearing before the Board in July. Best regards.
V cry truly yours,
~OlTP'~
Richard J. Salem, Esq.
Rl8/cj
Enclosures
00: Cormac Giblin
John Majeski
----
Reauest to Soeak under Public Petition
Agenda Item No. 6A
July 26, 2005
Page 3 of 4
Please print
Name; Richard J. Salem, on behalf of Oakhaven Apartments, limited
Partnership
Address: 101 East Kennedy Blvd., Suite 3200, Tampa, FL 33601
Phone: 888-531-3131 richard.salem@salemlawgroup.com
Date of the Board Meetlna you wish to soeak; July 26, 2005
Please exolain In detail the reason YOU are reauestinQ to soeak (attach additional
oaoe If necessarv):
Oakhaven Apartments. Limited Partnership has provided 160 units of
affordableJlow-lncome housing economically for farming and fishing Industry
workers since 1993. The Board, as an Inducement for this housing to be built
and maintained, adopted Resolution 93-28 allowing for the -waiver and
deferment" of Impact fees for a 15-year period which was subsequently
incorporated into an agreement on September 21, 1993. The property's owner
contemplates Its sale but continued use as affordableJlow-income housing and Is
requesting Impact fees be deferred for an additional 15 years, commencing In
2008, provided that ~he aforementioned agreement, so amended and executed
by the new property owner, remains in full force and effect.
Please exelain In detail the action YOU are askina the Commission to take (attach
additional oaoe if necessarv);
Resolution extending agreement of Collier County dated September 21, 1993
-deferring or waiving" Impact fees on property owned by Oakhaven Apartments,
Limited Partnership, situated in Collier County, Florida, for an additional 15 years
upon Its expiration, and authorizing the County Manager to execute any and all
documents.
Agenda Item No. 6A
July 26, 2005
Page 4 of 4
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Agenda Item No. 8A
July 26. 2005
Page 1 of 38
--
EXECUTIVE SUMMARY
Recommendation to approve an Ordinance of the Board of County Commissioners of
Collier County, Florida, amending Chapter 74 of the Code of Laws and Ordinances, as
amended by Ordinance No. 2001-13 (The Collier County Consolidated Impact Fee
Ordinance, as amended), repealing a portion of ~74-201, and replacing same in ~74-401(a);
amending Article IV pertaining to the affordable housing provisions to eliminate provisions
for waiver of impact fees for affordable housing; establishing a ceillng on the amount of
impact fee deferrals; reorganizing provisions in Articles II and IV relating to affordable
housing for clarity; providing for conflict and severability; providing for inclusion In the
Code of Laws and Ordinances; and providing for an effective date.
OBJECTIVE: To have the Board of County Commissioners (BCe) approve an ordinance of
Collier County, Florida, amending Chapter 74 of the Code of Laws and Ordinances, as amended
by Ordinance No. 2001-13 (The Collier County Consolidated Impact Fee Ordinance, as
amended), by amending the affordable housing provisions relative to eliminating the provisions
for waiver of impact fees; establishing a ceiling on the amount of impact fee deferrals;
reorganizing provisions relating to affordable housing for clarity; providing for conflict and
severability; providing for inclusion in the Code of Laws and Ordinances; and providing for an
effective date.
,,--.
This amendment creates an Impact Fee Deferral Program for Owner-Occupied Affordable
Housing.
CONSIDERATIONS:
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Background:
Collier County currently has the highest total impact fees per residential unit in
the State of Florida. Impact fees due on the average new home are estimated to be
approximately $15,500 including water and sewer fees.
Collier County aLso has the most expensive housing market in the state of Florida. The
median home sales price in Collier County is approximately $460,000.
A recent study has shown that for every $1,000 increase in a home's purchase price, 311
potential homebuyers in Collier County are priced out of the market. Conversely, it can
be said that for every $1,000 decrease in a home's purchase price in Collier County, 311
more homebuyers will be able to afford to buy it.
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Until July 1, 2004 Collier County funded an impact fee assistance program for low-
income first-time buyers of affordable homes by paying those fees using grant sources.
However. in recent years, increases in impact fees have far out-paced any increases in
grant funding received by the County, and the County can no longer afford to fund that
program.
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Agenda Item No. SA
July 26, 2005
Page 2 of 38
It is estimated that the impact fees collected on 100 new affordable homes for low-
income first-time buyers represent less than 1 % of the total impact fees collected by
Collier County.
Collier County, and every other county in Florida, is mandated by State Statute to ensure
that affordable housing is available to all current and future residents of the County.
The State of Florida estimates that Collier County has a current shortage of over 30,000
affordable housing units.
Proposed Program:
Collier County hired the law finn of White and Smith as outside counsel to
develop a legally defensible and fiscally responsible program to defer the collection of
impact fees on owner-occupied affordable homes. Mr. White gave a presentation on the
proposed program to the BCC at the Affordable Housing Workshop held 011 May 3, 2005
explaining why his opinion is legally defensible. The legal cornerstone of his opinion is
based on the concept that the total amount of annual impact fee deferrals capped at three
percent (3%) of the total annual impact collections represents a de minimus amount of the
total. At the conclusion of the workshop, the BCC directed staff to bring a proposed
Affordable Housing Impact Fee Deferral Program back at a regular meeting for formal
consideration and approval.
This proposed program is based on the fact that the amount of impact fees collected
yearly on homes built by low-income, first-time homebuyers in Collier County is de
minimus in comparison with the yearly total impact fee collections. Deferral of the
collection of these fees will have 110 adverse effect on the County's financial ability to
provide services funded by the fees.
The program has been developed with the limitation that the aggl'egate amount of
deferred fees per fiscal year would in all cases be limited to no more than 3% of the total
impact fee collections of the previous fiscal year. This self-adjusting program limitation
serves to ensure that the amount of fees defelTed in any fiscal year never reaches a level
exceeding our de minimus criteria (3% of the total). Therefore in order to remain under
the 3% of yearly collections cap, the program will only issue deferrals to a maximum of
approximately 200-300 homes per year and not exceed the de minimus deferral cap.
There is a range of 200-300 units because the impact fees in most of the urban area
includes county water and sewer while the Immokalee area does not have a water and
sewer impact fee.
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Homebuyers qualifying for the deferral will enter into an agreement with the County
stating that they willl'epay their deferral amount plus 5% interest (capped at 25% of the
total deferral amount) to the County when they default on their agreement (i.e" sell the
home, refinance it, or any other change in title). At that time, the total amount of impact
fees defelTed, plus interest, will be collected and deposited into the appropriate Impact
Fee Trust Fund Account. This ensures that the County's impact fee accounts are kept
whole on a net present value basis.
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Agenda Item No. 8A
July 26, 2005
Page 3 of 38
An analysis of the repayments in the previous SHIP Program shows that the average low-
income first-time homebuyer in Collier County typically retains ownership of that home
for only 4.2 years; therefore it can be assumed with some confidence that the length of
the proposed impact fee deferral would be less than five years based on historical trends
and available data.
There is no real "cost" to the County since this program is a deferral and the only
potential financial loss, the time value of money, is recovered through the application of
interest and the incremental payment of new property taxes, See the three scenarios
attached, showing the County financially "ahead" through this program at any point in
time, given the incremental property taxes generated that would not have occurred
without this program.
A program implemented within the parameters described above will successfully limit and
control any potential financial and legal risk to the County while improving the health, safety,
and welfare of the citizens through the promotion of affordable housing.
FISCAL IMPACT: The fiscal impact of this deferral program will be insignificant when
compared to the County's overall budget or with the total of the Impact Fee Trust Funds. The
program's built-in 3% of collections cap on the amount of impact fees that may be deferred
ensures that deferrals will not impact the Countis ability to provide infrastructure using impact
fee revenues. With the exception of the County's Water and Sewer Districts, most every other
impact fee funded program has alternate funding sources such as property taxes, sales taxes,
general fund dollars, etc., from which to offset any temporary loss of use of capital experienced
by the deferral of the fees.
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The deferral of approximately $750,000 per year in water and sewer impact fees (estimated at
135 units per year at $5,500 per unit) would result in the District carrying an additional yearly
cost for each of the first five years of the program. It is then projected that repayments of
deferrals would begin to occur at a rate that would sustain the program on its own for the future
(repayments of liens with interest would exceed deferrals). It is recommended that a $750,000
per year revolving fund commitment for the first five-year period be made from the General
Fund to reimburse the Water and Sewer District for deferred impact fees. This reimbursement of
lost impact fee income neutralizes the potential financial penalty that would have to be paid by
either current users through rates or through new users through impact fees.
The 200-300 new affordable housing units constructed using this program will generate an
estimated $100,000 - $150,000 in new property taxes each year and approximately an additional
$400,000 - $600,000 over the first five years (four years of paying property taxes).
In summary, on a present value basis excluding water and sewer, Collier County falls short of
cash neutrality by only $200.00 per unit over a five (5) year period. However, Collier County
actually has a net present value gain of $1,514 when the incremental four years of property taxes
are included in the equation. This gain decreases to $383 over a twenty-five year horizon as
shown in the attached scenarios.
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Agenda Item No. SA
July 26, 2005
Page 4 of 38
A $350.00 per home application fee will be charged to cover the administrative expenses of
implementing and tracking this program.
GROWTH MANAGEMENT IMPACT: This request is consistent with the Housing Element
of the Growth Management Plan
LEGAL CONSIDERATIONS: This request is internally consistent, complies with all
applicable laws and is legally sufficient for Board consideration and approval.
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RECOMMENDATION: That the Board of County Commissioners approve an Ordinance of
Collier County, Florida, amending Chapter 74 of the Code of Laws and Ordinances, as amended
by Ordinance No. 2001~13 (The Collier County Consolidated Impact Fee Ordinance, as
amended), by amending the affordable housing provisions by eliminating the provisions for
waiver of impact fees; establishing a ceiling on the amount of impact fee deferrals; reorganizing
provisions relating to affordable housing for clarity; providing for conflict and severability;
providing for inclusion in the Code of Laws and Ordinances; and providing for an effective date.
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Prepared by: Cormac Giblin, Housing and Grants Manager
Financial Administration and Housing
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Agenda Item No. 8A
July 26, 2005
Page 5 of 38
Scenario #1
ImDact Fee Deferral Proaram for Owner-OccuDied Affordable Housing
Assumes Chanae of Title in Year 5
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Financial Impact Present
Year Transaction to County Value (ii) 5%
1 Purchase home and defer $10,000 of impact fees $0 $0
2 Payment of property taxes $485
3 Payment of property taxes $485
4 Payment of property taxes $485
5 Payment of property taxes $485
Subtotal of property taxes $1,940 $1 ,720
Payoff of deferred amount ($10,000) in year 5
at time of change of title $10.000 $7.835
Total Cash Flow without PV $11,940
_..~----^_.._-
PV of Total CF on Deferred Amount $9,555
Accrued Interest on $10,000 at 5% totals $2,762 but interest
is limited to 25% $2,500
PV of Interest $2,500 Payment 5 Years Out $1,959
Total Cash Flo\o/..X.,Lthout PV $14440
PV of Total CF With Interest Payment (limited to 25%) $11,514
Less initial impact fee that would have been paid
under present requirements $10,000
Net cain to county on oresent value basis $1,514
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Note: a typical affordable housing unit generates approximately $485 per year in ad valorem taxes.
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Agenda Item No. 8A
July 26, 2005
Page 6 of 38
Scenario #2
ImDact Fee Deferral Proaram for Owner-OccuDied Affordable Housing
Chanae of Title in Year 10
Flnanelallmpact Present
Year Transaction to County Value @ 5%
1 Purchase home and defer $10,000 of impact fees $0 $0
2 Payment of property taxes $485
3 Payment of property taxes $485
4 Payment of property taxes $485
5 Payment of property taxes $485
6 Payment of property taxes $485
7 Payment of property taxes $485
8 Payment of property taxes $485
9 Payment of property taxes $485 ,
;
10 Payment of property taxes $485
Subtotal of property taxes $4,365 $3,447
Payoff of deferred amount ($10,QOO) in year 10
at time of change of title $10,000 $6,139
Total Cash Flow without PV $14.365
PV of Total CF on Deferred Amount $9,586
Accrued Interest on $10,000 at 5% totals $6,289, but interest
is limited to 25% $2,500
PV of lnterest $2,500 Payment 10 Years Out $1,535
Total Cash Flow without PV $16,865
,
PV of Total CF With Interest Payment (limited to 25%) $11.121
Less initial impact fee that would have been paid
under present requirements $10,000
Net Qain to county on present value basis $1,121
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Note: a typical affordable housing unit generates approximately $485 per year in ad valorem taxes.
Agenda Item No. 8A
July 26. 2005
Page 7 of 38
Scenario #3
Impact Fee Deferral Proaram for Owner-Occupied Affordable Housina
Assumes Chanae of Title in Year 25
Fin8nciallmpact Present
Year Transaction to County Value @ 5%
1 Purchase home and defer $10,000 of Impact fees $0 $0
2 Payment of property taxes $485
3 Payment of property taxes $485
4 Payment of property taxes $485
5 Payment of property taxes $485
6 Payment of property taxes $485
7 Payment of property taxes $485
8 Payment of property taxes $485
9 Payment of property taxes $485
10 Payment of property taxes $485
11.25 $7,275
Subtotal of property taxes $11,640 $6,692
Payoff of deferred amount ($10,000) in year 25
at time of change of title $10,000 $2,953
Total Cash Flow without PV $21,640
PV of Total CF on Deferred Amount $9,645
Accrued interest on $10,000 at 5% totals $23,860, but interest
is limited to 25% $2,500
PV of Interest $2,500 Payment 25 Years Out $738
Total Cash Flow without PV $24,140
PV of Total CF With Interest Payment (limited to 25%} $10,383
Less initial impact fee that would have been paid I
under present requirements $10,000,
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i Net oain to countv on oresent value basis $3831
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Item Number
item Summary
Moetlng Doto
Agenda Item No, SA
July 26. 2005
Page 9 of 38
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8A
This item to be heard at 1 :00 p,m. ThIS item continued from the June 28. 2005 Bee
Meeting. Recommendation 10 approve an O,d~nance of the Board of County
Comminioners af Collier County, Florids, amending Chapter 74 of the Code of Laws and
Ordinances. 85 amended by Ordinance No. 2001.13 (The Collier County Consolidated
Imp.tt Fee Ordinance, as amended), repelling 8 portion 01 !j7"~201, and repllcin!il ume
In F"~401Ia); amendir'lO Ar1icle IV pertaining to the affordable MU$ing provis.ions to
ellminste pravi9iMs for waiver of Impact fees for affordable housing; establiahing 8 ceiling
on the amount of Impact fee dtiferrals: reorgal~izlng provisIons In Article; II and rv relating
to affordable housing for clanty: providmg 10r conl'lict and ieverabHity; prOViding for
lnciuslon in till!' Code of laws Qr,d Ordinances; and providing far an effec1l'v$ dale.
7126/20059:00'00 AM
Prepared By
Housing Development Man.ger
6110120053:'3:15 PM
ComttlC Giblin
Community Oevlt.lopment &
Environmental Services
D....
Fil\ancillll Admin. & Hou",ln~
HuuUlnSl DCtVlllln,"n.nt M .,,'utielr
0...
Approved By
Cnrmar. Glhlin
Communfty o.veloprl'Ull"l &
Environmantal Service,
Fin.neial Admin. & Housing
718"00511;45 AM
Admini1i1ratlve Anl"tQfl1
O.m
Approved By
None)' Melio
Community Duvftlopnt.lnt M.
ElwlrutH"f1ntoll Sat'\! lecu.
Finilnclal Admin. & Housing
1/81Z005 2:00 PII
Dilte
Approved By
Nl)nn E. Federl AICP
TruTllportntion Servl(ies
Tr~'"tiport~tion Oivlskm Adlninilltrlltl)r
Tr4lntportation ServicE'1 Admin.
118/2006 ':11 PM
Dote
Approved By
Sundt$ LIUl
Community Development &
Environmental SelVices
ExtlcutivlfI SllIemtuy
Community OevelopmBnt &
Environm."tal Service, Admin,
1/12120053:'6 PM
Ollnton Baktl'r
Flmmclul Admin & Hc)ui-ln51 DirCliclar
0...
Approved By
Comrnunitv OillvBloJlIn.nt 4-
EmlirDnmenhtl Servk:fllF
Financial Adl",ln, & Housing
7112/200G 6:18PM
Approved By
Amy Patterson
Community Development &.
Environmental $ttrvjcn
Impact Fee Man .V.r
Date
Finnru:iul Admin. &, Housing
1.113/20059:29 AM
COIli$t~n(:e A, Johnson
a.tu
Approved By
Community Develop",.nt &
Environtnent..1 Sltl'ViCR'
O,U.,.tl<lotl AIl.lvllt
Community Oevelopment &
Envirollment.1 Service' Admin,
7113/200511 :07 AM
Approved By
Thoml\$. Widell
Publle Utillti~8
Oper.rlionli Director
0...
Public: Utlllti.ls OrlO,...tl<IIIIO
11'131200512:33 PM
D...
Approved By
Josttph K. St.-hmltt
Community Dr.r.Jopm4llnt &
Envlrontnllntal S.rvlce,
C0l11munlty O."elopn,ent &
Environmental Service.. Admlnltrator
Community DeYlJ'lopmOnl &
Environmental Servit'es Admin,
1/1~/20~6 12:38 PM
Adrulnint,.tive AulstUflt
D..b~
Approved By
OMS COClrditJOlmr
County MlIIln.ttg.r'.l 01f1ce
Oftlce of Manit90ment & Budgat
7113120051:15 PM
Ont.
Approved By
SuJUUl U.'l"er
County Manager's Offiu
SmJQr MflJl4gernBotJBudU_t Allul)'.t
Offic.e 01 Managoment & Budget
7115/2006.:26 PII
ManagelJltrnt & Sudant Oil"ltctQr
0...
Approved By
MIc::haIflISmyxow.ski
CClunty MplJnuer'!i Oftl,"l~
Offh:III)' Man_glllmant" Budgltt
7/1.,20065:60 PM
Budget Analyst
Dot.
Approved By
M.rk Isackson
County Mt'"~~ltr'll OfficI?
or~ice of Managemlmt & Buogll1
7/1t12DOti 3:1& PM
County Manager
Do"
Approved By
Jam.1I V, Mudd
9(ltlrd ot CUUllty
Agenda Item No. SA
July 26. 2005
Page 10 of 38
Commisslone-rs
County Mlilnager's Oftice
7119/2005 ":22 PM
Agenda Item No. SA
July 26, 2005
Page 11 of 38
Ordinance 2005-_
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AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING CHAPTER 74 OF THE
CODE OF LAW AND ORDINANCES, AS AMENDED
BY ORDINANCE NO. 2001.13 (THE COLLIER
COUNTY CONSOLIDATED IMPACT FEE
ORDINANCE, AS AMENDED), REPEALING A
PORTION OF i74-201, AND REPLACING SAME IN
i74-401(a); AMENDING ARTICLE IV PERTAINING
TO THE AFFORDABLE HOUSING PROVISIONS TO
ELIMINATE PROVISIONS FOR WAIVER OF
IMPACT FEES FOR AFFORDABLE HOUSING;
ESTABLISHING A CEILING ON THE AMOUNT OF
IMPACT FEE DEFERRALS AND; REORGANIZING
PROVISIONS IN ARTICLES II AND IV RELATING
TO AFFORDABLE HOUSING FOR CLARITY;
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on March 13, 2001, the Board of County Commissioners
(Board) adopted Ordinance No. 01-13, the "Consolidated Impact Fee
Ordinance,", which is Chapter 74 of the County's Code of Laws and Ordinances;
and
WHEREAS, Ordinance No. 01-13 established an Affordable Housing
Impact Fee Waiver and Deferral Program (hereinafter the "Program"): and
WHEREAS, the Program is designed to encourage the production of
housing for low and moderate income persons in Collier County; and
Words underlined are added; words strOlak throLlgh are deleted.
Page 1 of 28
Agenda Item No. 8A
July 26. 2005
Page 12 of 38
WHEREAS, the Program implements goals established in the County
Comprehensive Plan to encourage the production of affordable housing and to
minimize housing costs where possible; and
WHEREAS, until July 1, 2004, the cost of impact fee deferrals and waivers
under the Program were subsidized by the Florida State Housing Initiatives
Partnership (SHIP) program established by SS 420.907-420.9079, Florida
Statutes; and
WHEREAS, increases in impact fees have outpaced increases in grant
funding received the County, to the extent that the County can no longer afford to
fund the Program through SHIP monies; and
WHEREAS, impact fee waivers and deferrals have historically comprised
a very small, de minimus proportion of the County's total impact fee revenue
collections; and
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WHEREAS, the County has projected that impact fee deferrals under the
Program in future years will not rise above historic levels; and
WHEREAS, the County desires to establish a cap on impact fee deferrars
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in order to ensure that they do not rise above de minimus levels; and
WHEREAS, the County Department of Financial Administration and
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Housing provides periodic reporting to ensure that the de minimus caps are not
exceeded; and
WHEREAS, the County desires to discontinue the impact fee waiver
program because SHIP funding is insufficient to ensure the repayment of impact
fees that are deferred; and
Words underlined are added; words struok throUQI:1 are deleted.
Page 2 of 28
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Agenda Item No. 8A
July 26. 2005
Page 13 of 38
WHEREAS, the impact fee deferrals provided under the Program do not
result in the expenditure of fees for public facilities that benefit parties that do not
pay impact fees; and
WHEREAS, impact fees deferred under the Program are not subsidized
by persons who pay impact fees when they are normally assessed and collected;
and
WHEREAS, a professional consultant team has conducted a survey of
impact fee caselaw in Florida and nationally, and has determined that impact fee
deferrals for affordable housing are constitutionally valid and do not violate any
standards for nexus and proportionality; and
WHEREAS, impact fee adjustments for affordable housing are required by
state law as a means to encourage affordable housing, including "alternative
methods of fee payment for affordable housing" (Florida Statutes ~ 420.9076);
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and
WHEREAS, the Local Government Comprehensive Planning and Land
Development Regulation Act (Fla. Stat. ~ 163.3161 et seq.) requires that
counties adopt and implement a comprehensive plan that addresses multiple
WHEREAS, when a comprehensive plan is adopted, Florida law requires
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objectives, including public facilities and housing (Florida Statutes ~ 163.3177;
and
that land development regulations must be adopted that implement the plan
(Florida Statutes ~~ 163.3202(1); see also 163.3167(1)(c); 163,3174(4)(c);
163.3194(1)(b)); and
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Words underlined are added: words &tFYek-#lfe~ are deleted.
Agenda Item No. 8A
July 26,2005
Page 14 of 38
WHEREAS, impact fees are a form of "innovative" land development
regulation expressly authorized by Florida law (Florida Statutes S 163.3202(3));
and
WHEREAS, impact fee deferrals are expressly required and authorized by
the Collier County Growth Management Plan, Housing Element Policy 1.4, which
WHEREAS, the proposed amendments were reviewed and recommended
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provides in pertinent part: "[a]ffordable housing will be distributed equitably
throughout the County using strategies which include, but are not limited to ...
impact fee waivers or deferrals... "; and
for Board approval by the Collier County Affordable Housing Commission.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FlORJDA, that:
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SECTION ONE. Article II, Subsection E in Section 74-201 of the Collier
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County Code of Laws and Ordinances is hereby repealed.
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SECTION TWO. Article II, Subsection (f) in Section 74-201 of the Collier
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County Code of Laws and Ordinances is hereby amended to read as follows:
(f) Fund reimbursement. Every county approved deferral or waivor of a
water or sewer impact fee requires complete reimbursement and deposit of the
entire amount deferred or 'N{)ived into the applicable water or sewer trust fund(s)
within 30 days of the deferral or waiver agreement being signed on behalf of the
Words underlined are added; words struck throl:lgh are deleted.
Page 4 of 28
Agenda Item No. 8A
July 26, 2005
Page 15 of 38
county, except for deferrals of less than seven years for multiwfamily affordable
housing rental units. However, deferrals of less than seven years for multi-family
affordable housing rental units must not adversely impact the cash flow or
liquidity of the water and/or sewer impact fee trust fund accounts and thereby
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frustrate or interfere with the then planned or then ongoing growth-necessitated
capital improvements and additions to such water and/or sewer systems. Such
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an adverse impact may be determined by the public utilities division administrator
whenever either of the two trust fund's individual reserve balances is in jeopardy
of approaching (or actually has reached) less than a total of $600,000.00 of
unappropriated and unencumbered funds. If the public utilities division
administrator determines that the unappropriated and unencumbered funds in
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either of these accounts is then in jeopardy of approaching a level of less than
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units that may be approved in any such fiscal year (including the fiscal year when
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$600,000.00, then the total number of such multi-family affordable housing rental
the public utilities division administrator makes such a "funds in jeopardy"
determination) for deferrals (Le., for less than seven years) shall not exceed 225
in any fiscal year where funds are in "jeopardy" may be accumulated and rolled-
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units. This unit number limitation will continue so long as a determination of
"jeopardy" exists, except that any of the 225 units not approved by an agreement
over from one fiscal year to the next fiscal year until such time as the "jeopardy"
determination ends. The number of multi-familY rental deferrals aranted in a fiscal
year where funds are in "ieooardy" may exceed 225 units. but only if an alternate
fundina source for the deferral is secured.
Words underlined are added; words strblGI( thrOYi;R are deleted.
Page 5 of 28
Agenda Item No. 8A
July 26. 2005
Page 16 of 38
SECTION THREE. Article II, Subsection (i) in Section 74-203 of the
Collier County Code of Laws and Ordinances is hereby amended to read as
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follows:
(i) Impact fee waivers or deferrals available to charitable organizations
and charitable trusts. These impact fees waivers are available only to eligible to
not-far-profit, charitable entities as specified herein. The cumulative total of all
not-tor-profit waivers in each of the county's fiscal years shall not exceed
$200,000. If the total amount of impact fees waived pursuant to these provisions
in a tiscal year is less than $200,000.00 (or is less than the higher total in the
funding account for that fiscal year because at prior cash carrying-forward) some
or all of the sum at money not waived can be carried forward and thereby be
added to the $200,000.00, to a maximum balance of $500,000 funding for the
next fiscal year. Neither impact fees collected by the county for educational
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facilities nor fire impact fees shall be waived under these provisions.
(3) No construction that has obtained an affordable housing
'Noivordeferral under this article shall be eligible for any waiver under these
provisions. No construction that has been granted a waiver under these
provisions shall be eligible for any county affordable housing woivomdeferrals.
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Words underlined are added; words struok through are deleted.
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Agenda Item No. 8A
July 26. 2005
Page 17 of 38
SECTION FOUR. Article IV of Chapter 74 of the Collier County Code of
Laws and Ord inances is hereby amended to read as follows:
ARTtCLE IV. AFFORDABLE HOUSING IMPACT FEE W!\IVER OR DEFERRAL
Sec. 74-401. Impact fee waiver or deferraL
(a) Aenlicabil/tv
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(1) Pursuant to the requirements established In this section and article
IV. the county shall defer the payment of the impact fee for any new owner-
occupied or rental development which qualifies as affordable housina under this
Article.
(2) Any person seekina an affordable housina deferral for
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proposed development shall file with the county manaaer an application for
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b. An UP to date. complete leaal description of the site
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deferral. prior to receivina a building permit for the proposed development. The
application for deferral shall contain the followina:
a. The name and address of the applicant:
upon which the development is proposed to be located:
c. The maximum income level of the owner. or if the
owner is a developer or builder. the income level of the household to which the
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dwelling unit it to be sold or provided for occupancy:
d. The square footaae and number of bedrooms in each
dwelling unit of the development.
Words underlin~d are added; words struak throu9h are deleted,
Page 7 of 28
Agenda Item No. 8A
July 26. 2005
Page 18 of 38
(3) If the proposed development meets the reauirements for an
affordable housing deferral as set forth in this Article. the county manaaer may.
but is not reauired to, enter into an impact fee deferral agreement and is
authorized to execute such deferral agreements alona with any correspondina
tri-partv agreement intended to further define re-payment obliaations, as may be
applicable. with the owner or applicant. The impact fee deferral agreement shall
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be accepted by the county in lieu of prompt payment of the impact fee that would
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otherwise then be due and payable but for the aareement.
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(bJ Qualifv/no Owner-Occupied DwelJina
To qualify for an affordable housing impact fee waiver or deferral, an
owner-occupied dwelling unit must meet all of the following criteria:
(1) The owner(s) or anticipated owner(s) of dwelling unit must
have a very low, or moderate income level, at the time of final execution by the
county of ~ \Naiver or deferral agreement as those income level terms are defined
in section 74-402,:.
(2) , and tThe monthly mortaaae payment. includina taxes and
insurance. to purchase tho unit must be within the affordable housing guidelines
established in secti0R 74 402must not exceed 30 oercent of that amount which
represents the percentaae of the median annual ~ross income for the applicable
household cateqory as indicated in ~ 74-702, However. it is not the intent to limit
an individual household's abilitv to devote more than 30 percent of its income for
housinQ, and housina for which a household devotes more than 30 percent of its
income shall be deemed affordable if the first institutional mortgaae lender is
Words underlined are added; words struok threblgh are deleted.
Page 8 of 28
Agenda Item No. 8A
July 26, 2005
Page 19 of 38
satisfied that the household can afford mortgage payments in excess of the 30
percent benchmark.
(3) A dwelling unit shall qualify as "owner-occupied" it
a. a written affirmation from the developer to the county
guarantees that the requisite affordable housing units will be constructed, and
b. the affirmation is in effect at the date of execution of
the impact fee waiver or deferral agreement by the county... and
c. within 6 months from the date of issuance of the
certificate of occupancy or the execution of the affirmation.l. whichever is later,
any option to purchase is exercised and the purchaser takes ownership of the
Dwelling Unit.
(4) If the purchaser fails to purchase the dwelling unit within the
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6-month period, then:
a.
the ,,",oived or deferred impact fee must bo
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immodiately paid,...yRless tho dwelling unit is sold tG :::mothor qualifying owneris
considered in default as of the date that the fee would have been due without the
deferral: and
b. the applicant shall Day all of the impact fees. including
delinQuencv fees and Interest dating back to the date that the fees would have
been assessed but for the deferral as provided in ~ 74-501.
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(2.~) The owner, or if there is more than one owner, both of the
owners, must be a first-time home buyer. To qualify as a first-time home buyer,
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Words underlined are added; words strl,lsk throblgh are deleted.
Agenda Item No. 8A
July 26,2005
Page 20 of 38
the owner must not have had an ownership interest in his/her primary residence
in the past three years.
(Q.d) The dwelling unit must be the homestead of the owner(s).
(7) No more than thirty (30) deferral aareements are permitted
at any single time for an individual developer. or for any developments that are
under common ownership.
For purposes of this subsection. "common
ownership" means ownership by the same person, corporation, firm, entity,
partnership. or unincorporated association: or ownership by different
corporations. firms, partnerships. entities. or unincorporated associations. in
which a stockbroker. partner, or associate, or a member of his family owns an
interest in each corporation, firm. partnership, entity. or unincorporated
association.
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(g,13) Qualifvina Rental Dwe/linas
To qualify for an impact fee deferral, a dwelling unit offered for rent must
(1) The household renting the dwelling unit, including any multl-
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meet all of the following criteria:
family dwelling unit, must have a very low or low income level, at the
commencement of the leasehold and during the duration thereof, as those terms
are defined in section 74-402 and the :lmount of rent must be within the
affordable housing guidelines est:lblished in Geelion 74 402.
(2) The dwelling unit must be the household's permanent
residence.
Words underlined are added; words struol~ thral:Jgh are deleted.
Page 10 of 28
'~<,/;jf!i.I~_"M""';""""""_"<""",,.."'H",'''''''''''
Agenda Item No. 8A
July 26. 2005
Page 21 of 38
(3) In no instance shall rental limits exceed the rental limits
established bv the Florida Housina Finance Corooration for rents adiusted to
bedroom size in proiects assisted under the. Florida Houslna Finance
Corporation or any other local. state. or federal aaencv, based on unit size.
(ge) Repavment for Owner-Occupied Units
(1) All impact fees deferred for owner-occupied dwelling unit at
the time the building permit was issued shall become due and payabfe and shall
be immediately paid in full to the county upon~
a. the sale of the dwelling unit to a non qualified
purchaser; or providod, hmvevor, if the impaot foe deferral was p3id with State
HOLlsing Initiatives Partnership (aHIP) Program funds, payment will be mado to
the OOURty affordable housing trust f-und.
b. refinancina of the purchase mortgage or loans
secured bv senior real property security instruments: or
c. a loss of the homestead exemption under Section 4.
Article X of the State Constitution.
d, the first occurrence of any sale or transfer of any part
of the affected real property, and in any such event the deferred impact fees shall
be paid in full to the county not later then the closing of the sale, or not later then
the effective date of the transfer.
Words underlined are added: words str",ek threl:lgh are deleted.
Page 11 of 28
Agenda Item No. 8A
July 26, 2005
Page 22 of 38
(2) Repavment shall include any accrued interest. Interest shall
be computed at the rate of five percent (5%) per annum. but no event shaH it
exceed twenty-five percent (25%) of the total fee amount.
(3) Notwithstanding anythina in this subsection (d)(1) of this
section 74-401, the director of the financial administration and housin~
department of communitv development and environmental services division may
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waive the trig~erin~ of the obligation to pay deferred impact fees due to a
refinancino if the director determines that the refinancino is for improvements or
repairs to the dwelling that will enhance the value of the dwelling. and is of such
a nature as not to iustify that the deferred impact fees should become due and
pavable because of the sale. transfer. or refinancino.
(g;d) Repayment for Rental Dwellina Units
Deferred impact fees for rental dwelling units, including any multi-family
dwelling units, single-family detached houses, modular homes (also known as
residential manufactured buildings) and mobile homes (also known as
manufactured homes) as defined in section 74-108 of this chapter, shall in all
events be due and payable not later than six years and nine months after the
execution of the impact fee deferral agreement by the county. Such fees shall be
accelerated and automatically be due and payable prior to that time period if
Page 12 of 28
there is any breach of the subject impact fee deferral agreement by the non-
county party.
(1) To be eligible for impaot me deferral, a rontal modular home
shall moot, as a minimum, the than current standards of Chapter 553, Flor-iea
Words underlined are added; words struGI< thraugh are deleted.
Agenda Item No. 8A
July 26, 2005
Page 23 of 38
Statutes for homeQl.vnorshlp or rental, and shall bear the departmont of
oommunity affairs insignia seal oortifying that the structuro is In compliance with
the Florida Manufactured-Buildi~s Act of 1970, as amendod or supersoded.
(2) To be Qligiblo for impast fee deforral, a rental mobile home
shall be oonstructed to thon applioablo standards promulgated by the United
State a Department of Housing and Urban Development (HUD) and shall boor a
HUD requiremonts ::md has been oonstructod in oonformanoe with federal
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two inoh by four inoh metal, roctangular rod and silver certifioation label on eaoh
section of the home oertifying that tho home has eeen inspected in acoordanoo
manufactured home construction and safety standards in effeot on the dClto of
monufaoture.
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immodiately paid to the county if the dwelling unit is sold er tranGforred to a nOR
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(0) ,^.ny impaot fees '.>Jai'.'ed for an ownor occupied dwolling unit at the
time a building permit was issued shall become due and payable and shall be
qtl3lified purchoser during the 15 year period 3fter tAC certifioato of oooupancy
was issued for tho dwelling unit. If tho impact foo waiver was paid with Stata
ond the lien on the subjeot proporty sholl bo reloasod.
(f) The por-Gentage of tho total impaot feo whioh shall be waived or
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Housing Initiatives Partnorship (SHIP) Program funds, p.Jyment '/Jill be made to
the oeunty affordable housing trUGt fund. If the dv.16l1ing unit is used as affurdable
housing in oompliance with this artiole for 15 YO.Jrs after tho date tho oertlfioate of
OOG~-was issued f-or the dwelling l:Init, tho impaot fees mo no longer al;.le
deferred pursuant to this section for an owner oooupied or rental affurdable
Words underlined are added; words stn:lGk thr9\;,1li1A are deleted.
Page 1 3 of 28
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Agenda Item No. 8A
July 26.2005
Page 24 of 38
housing d'l/elling unit, including any multi family dv.~lIing unit, sh:lIl be tho
porcontogo set forth bolmV'.
(fJ Repavment Obfiaations
(1) Generallv.
The impact fees v.'ai\l()d or deferred shall be a lien on the property
until all requirements under this article and the agreement have been satisfied.
(gg) Rentals and O'.Wler oSGl-JpieEl EI'Nelling units.
a.fB Annually, the owner (Le., lessor) of a rental dwelling
unit, including any multi~family dwelling unit, shall provide to the county manager
an affidavit of compliance with the criteria set forth in this section. The affidavit
must be filed within 30 days of the anniversary date of the issuance of a
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certificate of occupancy. If the affidavit is not filed on time the affiant shall pay to
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the county a $50.00 late fee.
b. If the income of any unit renter which originally
qualified as very low or low income level as defined in section 74-402 below
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exceeds the affordable housing bonefit standards set forth in subsection (Q}74-
~ by more than 40 percent, then the deferred impact fee shall become
immediately due and payable by the owner or, in the alternative, the owner shall
have 90 days to comply with the affordable housing standards set forth in this
section 74 ~02 bolo'N. Developments which are then monitored by the Florida
Housing Finance Corporation, or any other state or federal agency, will not be
required to file this separate affidavit of compliance with the county manager. The
Words underlined are added; words struek thrOl,J€lA are deleted.
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Agenda Item No. SA
July 26, 2005
Page 25 of 38
applicant shall provide a true COpy of these monitoring reports to the County
Department of Financial Administration and Housing.
(32) Owner..OccuDied Dwellina Units
If the household income of the qualified owner-occupied dwelling
unit rises above the benefit standards for waivers and deferrals set forth in
subsection 74 402 below(b) of this Section. the owner shall maintain the 'IJoiver
afI€11ef-deferraL Notwithstanding the foregoing, all outstanding impact fees
waived or deferred shall be paid in full upon sale or transfer of the dwelling unit tG
a non qualified purchaser, except for wai'led impact foos wheFe the owner has
complied with tho waiver or def€rral agreement and the affordable housing
critoria set forth in this article for 15 years after issuanco of the certificate of
occupancy.
(gll) Deferral Aareements
The owner receiving an impact fee v:ai\'or or deferral shall enter into a
waiver or deferral agreement of impact fee agreement with the county:..-8
separate deferral aareement shall be executed for each aualifvina owner-
occupied dwellina or aualifving rental dwelling. While aoplicants are reauired to
enter into a deferral aareement in order to receive a deferral of iml?act fees,
nothina in this section reauires the County to enter into a deferral aareements.
'Jlhich The deferral agreement shall provide for, at a minimum, the following and
shall further include such provisions deemed necessary by the board to
effectuate the provisions of this article:
Words underlined are added; words struok throl::lQh are deleted.
Page 15 of 28
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Agenda Item No. 8A
July 26,2005
Page 26 of 38
(1) The legal description of the dwelling unit.
(2) Where an impact fee waiver or deferral is given to an owner
who will be selling or renting the dwelling unit to a sUbsequent purchaser or
renter, the development must be sold or rented to households meeting the
criteria set forth in this article in order to maintain the waiver or deferral. Impact
f€.e-watvefs.-.r-defermls p3id for '/lith State Housing Initiati'l€s Partnership (SHIP)
Progr3m funds will only be granted directly to buyers meeting section 71 402'(;
qualifications and appr-oval prior to building permit issuanoe. ^ dwelling unit sA~1
qualify as "owner oocupiod" if a written affirmation by the de'.'eloper to the county
guaranteos the requisite affordable housing units will be constructed, and the
affirmation is in effect at the dote of execution by the oounty of the impact feo
':/Oiver or deferral agreement and 'It'ithin 24 months from the date of issuanoe of
tho cortificate of oooupanoy or the execution of the :Jffirmation, '.vhiohever is later,
any option to purohase is exercised and the purohasor takes ownorshlp of the
dwolling unit. If tho purch:lser fails to pUrGflase-the d',vclling unit within the 24
month period, then the waived or deferred impact fee mUGt be paid immediately
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unless the subject property is Gold to :Jnotnor qualifying owner.
(3)
For each such owner-occupied dwelling unit, the amount of
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impact fees deferred shall be paid to the county in full upon tRe sale or tran&for to
a non qualified purchasor. If impact fees '1Iere paid '/lith State Housing Initkltives
f)artnorship (SHIP) Program funds, paymont in f-ull '.viii be made t-o the oounty
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affordable housing trust fund. For rental units, inCluding any multiMfamily dwelling
unit, the impact fees deferred shall in all events be due and payable no later than
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Agenda Item No. 8A
July 26, 2005
Page 27 of 38
six years and nine months after the execution by the county of the impact fee
deferral agreement. Such fees shall be accelerated and thereby be automatically
due and payable prior to that time period if there is any breach in the subject
impact fee deferral agreement by the non-county party.
(4) For owner Qocupied dwelling unite whore imf)aot fees h::lve
boon waivod, the d'Nelling units must bo utilizod by the original qualifying O'/lnor,
or subsequent qualifying puroh:)ser, as affordable housing in oomplianoe with this
articlo for:) 15 year period aftor the oertmcate of oGG~~ancy is issued and if tho
d':lelling unit Is sold to a non qualifying purohaeer, the impact mOB shall be paid
in full to the cOblnty beforo tho closing booomos final. If not 60 paid, the obligation
chon be a lion on tho dwolling unit under the followiRQ subsootion. If impact fOOG
were paid with Stato Housing Initiati'.'os Partnership (SHIP) Program funds.
ropayment 'Nil! be mado to the county affordablo housing trust fund.
(~) The deferred and/or waivod impact fees shall be a lien on
the property. The 'Nhioh lien may be foreclosed upon in the event of non-
compliance with the requirements of the agreement. The agreement described
herein shall operate as a lien against the dwelling unit. The lien shall termInate
upon the recording of a release or satisfaction of lien In the public records of the
county. In tho case of a waiver, suoh rolease or s:ttisfaotiem sholl be filed 15
years after the issuance of tho oertifioate of oooupanoy providod owner aotod in
complianoe 'Nith the agreemont or upon paymoRt in full. In the case of 0 deferral,
&Such release shall be- recorded upon payment in full. Neither the deferred
and/or woivod impact fees nor the agreement providing for the 'Naivor and/or
Words underlined are added; words strl:lsk ti:lrel:lgh are deleted.
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Agenda Item No. SA
July 26, 2005
Page 28 of 38
deferral of impact fees shall be transferred, assigned, credited or otherwise
conveyed from the dwelling unit. The deferrals and/or '....ai'/ers of impact fees and
the agreement thereto shall run with the land.
(6) J\nnually, tho ownor of ~ rental dwelling unit, inoluding any
multi family dwelling unit, !Shall pFovide to the oounty manager an 3ffidavit of
complianoe with the oriteria Get f-orth in this 3rticle. Tho affid~\!it must be filed
Ylithin 30 d3Ys of the 3nnivers3ry date of the issuanoe of a oertifioato of
oocupanoy. If the affidavit is-f1et filed on time tho 3ffiant shall pay to tho DOlInty a
$60.00 13te feo. If tho inoomo of any homo ranter or duplox unit renter which
origin311y qU3lified ~G vory Imv or low income level as defined in sootion 71 402
below cxooodo the affordable housing benefit &3ndards set forth in seotion 74
402 by mera than 40 porcont, then the deforrod imp3ct fee shall beoomo
immodi3tely duo and paY3ble by the owner or, in the alternative, tho ownor shall
have 90 d3Ys to oomply with the affordable Housing st3ndards sot forth in section
71 402 belo'N. Dovelopments whioh ara monitored by the Florida Housing
Fin3noe Corporation or similarly monit-ored by any other stato, or foderal agency
wUl not bo roquired to file this sep3r3to affidavit of complianoe 'tilth tho oounty
manager.
(7) (5) Upon satisfactory completion of the agreement's
requirements, the county shall record any necessary documentation evidencing
same, including, but not limited to, a release of lien.
(ft8) In the event the owner is in default under the agreement,
and the default is not cured within 30 days after written notice is provided to the
Words underlined are added; words strl:lGk tArGl~ are deleted.
Page 18 of 28
Agenda Item No. 8A
July 26,2005
Page 29 of 38
owner, the board may at it~ sole option collect the impact fee amounts in default
as set forth by article V, section 74-501, or bring a civil action to enforce the
agreement or declare that the w3ivod or deferred impact fees are then in default
and immediately due and payable. The board shall be entitled to recover all fees
and costs, including attorney's fees and costs, incurred by the county in enforcing
the agreement, plus interest at the then maximum statutory rate for judgments
calculated on a calendar day basis until paid.
(IS) The agreement shall be binding upon the owner's
successors and assigns.
(~..w) The agreement shall be recorded in the official records of the
county at no cost to the county.
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(1) The aooreoate amount of impact fee waivers and deferrals
granted pursuant to subsection (b) of this Section shall be limited, in total, to
an#:le amount apf)FaPffateEl- by the board at its final public hoaring regarding tho
adopti9n of tho annual oounty budget and tho amount allocated to impact fee
'Noivers or deforrals in tho oounty Rousing assistance plan, as established by
chapter 114, article III of this Code. FesG waived or deferred shall be paid by the
board into tho appropriate imp30t foG trust acoount within six years and nino
months from the date of the av:ard of a waivor and/er doforml as provided her-ein,
but in no ovent, lator than that time \\'hen that amount is neoded for a projeot
funded by those iml'loot foos waivod or doferred. The board shall pay into the
3ppropriato impact foo tfl:Jst accmmt sush amounts equal to any impaotfoos
Words underlined are added; words struelt through are deleted.
Page 19 of 28
Agenda Item No. 8A
July 26. 2005
Page 30 of 38
previously 'Ilaived or derorrod by the b03rd, 'Nithin !>ix years 3nd nine months
from tho d3te of suoh 'Naiver, or doferr:tl, but in no event, later than tho timo
wRen that 3mount is needed for a projoot funded by those impaot fees lJ'.'aivod or
doforrod. The board shall pay into tho appropriato impaot fee trust account suoh
'Nithin six years and nine months "-om the date of suoh waiver, ~f-deforr31, but in
no ovent, later than tho timo suoh amounts are needed for a projoot funded by
those impaot f<les waive€i-9r deferred. 'Nai'/em and deferrals shall bo issuod in
the orser that oompleted qualifying applications me roceived by the county
man:tgor. At least 40 peroent of the amount budgeted for imf)aot foe waivors
and/or deformls must be utilized to fund impact roo waiv~rs and/or deferrals for
single family o'.vner oocupied dVJelling units sorving the very low and low inoomo
le'.'ols. not exceedina three percent (3%) of the previous years' total impact fee
collections.
(2) Deferrals shall be available on a first-come. first"served
basis. If the requests for deferrals exceed the number of deferrals available. the
County Manaaer may allocate deferrals based on the extent to which the
deferrals implement the Comprehensive Plan. or other criteria based on policies
and procedures that may be adopted by the Board of County Commissioners.
(3) The County Manaaer shall maintain a trackina system to
ensure that the aaareoate amount of impact fee deferrals do not exceed the
deferral ceilinos established in this subsection.
Words underlined are added; words struok thrGblgh are deleted.
Page 20 of 28
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Agenda Item No. 8A
July 26, 2005
Page 31 of 38
(UJ Amendments
Any changes or amendments to this article or the minimum funding
requirements adopted in this article must occur as an ordinance amendment at a
public hearing of the board of county commissioners.
aM Eliaible Dwelllna Unit Cateaories
Agreements for the walvor or deferral of impact fees for affordable housing
may only be approved for the following types of dwelling units:
(1) Single family residences that are fully detached, and either
owner-occupied or rental dwelling units, or
(2) Owner-occupied or rental dwelling units in a residential
condominium, townhouse or duplex structure, or
(3) Rental (leased) multi-family dwelling units.
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(4) Rental modular homes that meet. as a minimum. the then
current standards of Chapter 553. Florida Statutes for homeownership or rental.
and that bear the department of community affairs insiania seal certifyina that the
structure is in compliance with the Florida Manufactured Buildinas Act of 1979.
as amended or superseded.
(5) Rental mobile homes that are constructed to then applicable
standards promulaated by the United States DeRartment of Housina and Urban
Development (HUD) and that bear a two inch by four inch metal, rectanaular red
and silver certification label on each section of the home certifylna that the home
has been inspected in accordance HUD requirements, and that have been
Words underlined are added; words ~ok thraugh are deleted.
Page 21 of 28
Agenda Item No. 8A
July 26. 2005
Page 32 of 38
constructed in conformance with federal manufactured home construction and
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safety standards in effect on the date of manufacture.
(1$'/) Anartment COfflDlexeslMulti-Fami/v Dwelfina Units
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Notwithstanding any provisions elsewhere in this chapter to the contrary,
any owner that develops an affordable housing rental apartment complex
consisting in whole or part of multi-family dwelling units serving very low and/or
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low income levels and meeting all requirements, and subject to all conditions, of
this article shall be entitled to defer 100 percent of the impact fees applicable
only to such rental multi-family dwelling units serving very low and/or low income
levels if: (i) all such deferred impact Fees are paid on or before the end of six
years and nine months from the date such impact fees are deferred; and (ii) the
rental apartment development shall remain affordable housing qualified (under
this article) for a minimum of 15 years.
(lJ S/nale Famllv. Detached Residences and Dunlexes
Impact fee 'A'oivors or deferrals for only single family, detached
residences, or duplexes, as owner occupied dwelling units, will automatically be
subordinate to the owner's first mortgage and/or any government funded
affordable housing loan such as SAIL or HOME loan. Impact fee waivors or
including any multi-family dwelling units, but only if the owner provides additional
deferrals may also be similarly subordinated in the case of rental dwelling units,
security satisfactory to the county such as additional or substitute collateral in the
Words underlined are added; words str~Gk thrOLJ~R are deleted.
Page 22 of 28
Agenda Item No. 8A
July 26. 2005
Page 33 of 38
form of cash or cash equivalent financial instruments which will yield the full
amount of the deferred impact fees when they may become due and payable.
(!!JJ Timina of Payment
Any units meeting the requirements of this subsection that are sold below
the maximum home sales price in Collier County for Florida Housing Finance
Corporation Programs, or qualify for and enter into an approved waivor or
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deferral agreement shall not be required to pay the impact fees applicable for the
unit or building any sooner than issuance of the building permit for construction
or as may otherwise be set forth in such waiver or deferral agreement. In order to
obtain a certificate of adequate public facilities concurrently with the issuance of
the final site development plan or plat... the applicant shall first enter into an
approved waiver or deferral agreement with Collier County or provide a notarized
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affidavit to the county manager, which must include the following:
(2) Name of applicant and owner, if different;
(3) Number of dwelling units;
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(1) Name of project, legal description and number assigned by
Collier County to the development order;
(4) Statement of Intent that the subject dwelling unit sales price
will meet the affordability guidelines of the Florida Housing Finance Corporation
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for Collier County.
Page 23 of 28
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Words underlined are added; words struck through are deleted.
Agenda Item No. 8A
July 26, 2005
Page 34 of 38
(e!!J Certificate of Occupancy Requirements on Filing of Affidavit
Prior to the issuance of a certificate of occupancy for individual dwelling
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units which have provided the foregoing affidavit instead of entering into a 'Noiver
9f deferral agreement with Collier County, the applicant must also provide a copy
of the executed sales contract to the county manager demonstrating a qualifying
sales price. A copy of the closing statement demonstrating a qualifying sales
price will be provided to the county manager within ten days of the closing of the
sale of each qualifying dwelling unit.
(gp) Violations
Failure to adhere to the requirements set forth by this section may result in
the impact fees becoming immediately due and payable and payment being
considered delinquent from the date of the notarized affidavit and then becoming
subject to the collection provisions provided for in article V, section 74-501,
including payment of delinquency fees and interest.
r"J Transitional Provisions
The followinq provisions applv to any impact fee deferrals or
reimbursements that were granted prior to August 1. 2005:
(1) Anv deferral agreement that was executed prior to August 1,
2005. shall continue in effect in accordance with its terms consistent with the
requirements in effect at the time that the deferral agreement was executed.
(2) If reimbursement is required pursuant to an impact fee
deferral or waiver that was paid with State Housina Initiatives Partnership (SHIP)
Words underlined are added; words struok t~rough are deleted.
Page 24 of 28
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Agenda Item No. 8A
July 26, 2005
Page 35 of 38
Proaram funds, payment will be made to the county affordable housina trust
fund.
Sec. 74-402. Affordable housing definitions, benefit standards and
limitations.
(0) The following sets forth the applicable definitions and benefit
standards for affordable housing dwelling units for tho purpose of determining
eligibility for impact fees waivers and doformls (herein referred to os "banafit&").
(1) Definitions of affordable housing inoome groups.
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!!lilT "Very, very low income families" means families whose incomes
do not exceed eG-f35} percent of the median income for the area as determined
by the Secretary of the U.S. Department of Housing and Urban Development.
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Mbt "Very low income families" means families whose incomes do
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not exceed 50 percent of the median income for the area as determined by the
Secretary of the U.S. Department of Housing and Urban Development.
(g1e-.- "Low income families" means families whose incomes are more
(d) "Moderate Income families" means families whose incomes are
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than 50 percent but do not exceed 80 percent of the median income for the area
as determined by the Secretary of the U.S. Department of Housing and Urban
Development.
more than 80 percent but do not exceed 120 percent of the median income for
the area as determined by the Secretary of the U.S. Department of Housing and
Urban Development.
Words underlined are added; words struok through are deleted.
Page 25 of 28
Agenda Item No. 8A
July 26, 2005
Page 36 of 38
In no instance shall rental limits e~<oeed the rental limits established by the
Florida Housing Fin~mce Corporation for rents adjusted to bedroom size in
projeots assisted under the, Florida Housing Finanoe Corporation or any other
10c::lI, state, or feder:)1 agency, based on unit size.
(2) Senof;t sbndards.
a. ,AJfordable housing owner oocupied d'.v.elling units which
exclusively serve very, very low :)nd very 1m\' income families and which 3ro the
O'Nner's homestead shall have 100 percent-of the applicable impact foe 'Noived
pursuant to the terms hereof.
b. /\ffordablc housing rental dwolling units which axclusivefy
serve very, vary low, very 10vI or low income familios sholl have 100 percent of
tho applicable impact foe def-orred pursuant to the terms heroof.
c. .^.ffordable housing owner occupied dv,'olling units whioR
exclusively sorvo lo'/'! income families and which arc the owner's homest-eod sh::I1I
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Rave 100 percent of the 3pplioablo imp:)ct foo dof<Jrrod pursuant to the torms
d. Development 'if/hich meots the criteria sot forth---iR
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heraof.
subsections 71101(a) and (b) constructed by an agoncy of Collier County er by
::In independont governmental agency pursuant to ~m interlocal agreement '.vith
GemeF-Ge~nty and '.vhich construction is 100 percent govcmment fundod shall
havo 100 percent of the impact fees f-or th3t oonstruotion waived, pursuant to the
terms horeof.
Words underlined are added; words struok throu~ are deleted.
Page 26 of 28
Agenda Item No. 8A
July 26, 2005
Page 37 of 38
SECTION FIVE: CONFLICT AND SEVERABILITY. In the event this
law, the more restrictive shall apply. If any phrase or portion of this ordinance is
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ordinance conflicts with any other ordinance of Collier County or other applicable
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 SIX: INCLUSION IN THE CODE OF LAWS AND
ORDINANCES. The provisions of this Ordinance shall become and be made a
part of the Code of Laws and Ordinances of Collier County, Florida. The sections
of the Ordinance may be renumbered or relettered to accomplish such, and the
word "ordinance" may be changed to "section", "article", or any other appropriate
word,
SECTION SEVEN: EFFECTIVE DATE. This Ordinance shall become
effective upon filing with the Florjda Department of State.
Words underlined are added; words strIJok through are deleted,
Page 27 of 28
Agenda Item No. 8A
July 26.2005
Page 38 of 38
PASSED AND DULY ADOPTED by a vote of a majority of the Board of
County Commissioners of Collier County, Florida, this
day of
,2005.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY
COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Deputy Clerk
By:
FRED W. COYLE, Chairman
Approved as to form and
Patrick G. White
Assistant County Attorney
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Page 28 of 28
Agenda Item No. 88
July 26, 2005
Page 1 of 63
EXECUTIVE SUMMARY
PUDZ-2004-AR-6631, Big Bear Plaza CPUD, Norman Taylor, represented by Kelly Smith,
of Davidson Engineering, Inc., requesting a rezone from the Estates (E) zoning district to
the Commercial Planned Unit Development (CPUD) zoning district for low intensity
transitional commercial land uses, convenience commercial land uses and intermediate
commercial land uses. The subject property, consisting of 5.46 acres, is located at the
northeast corner of the intersection of Golden Gate Boulevard and Everglades Boulevard,
within Section 5, Township 49 South, Range 28 East, Collier County, Florida.
OBJECTIVE:
The petitioner seeks to rezone from Estates (E) to Commercial Planned Unit Development
(CPUD) known as Big Bear Plaza CPUD.
CONSIDERATIONS:
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The proposed Big Bear Plaza CPUD is located on a 5.46-acre tract of land that is identified as a
Neighborhood Center Subdistrict of the Golden Gate Area Master Plan in the Collier County
Growth Management Plan (GMP). The Neighborhood Center Subdistrict has been developed to
provide a variety ofC-I, C-2, and C-3 uses to the residents within the Golden Gate Estates. The
Neighborhood Center Subdistrict incorporates a variety of standards for access, open space,
buffering, preservation areas, stormwater management, building height, architectural design,
prohibited uses which provides for the compatibility of these commercial activities within these
predominately residential areas. The subject property is located within the East Golden Gate
Wellfield Protection Area. The southern two-thirds of the subject property is identified within
Zone I of the protection area. The proposed PUD incorporates the requirements of the
"Neighborhood Center Subdistrict," and preserves the integrity of the "Wellfield Protection
Area. "
FISCAL IMP ACT:
The rezoning of this PUD by and of itself will have no fiscal impact on Collier County. There is
no guarantee that the project, at build out, will maximize its authorized level of development,
however, if the property is rezoned, a portion of the existing land will be developed and the new
development will result in an impact on Collier County public facilities.
The County collects impact fees before the issuance of building permits to help offset the
impacts of each new development on public facilities. These impact fees are used to fund
identified projects in the Growth Management Plan Capital Improvement Element as needed to
maintain adopted Levels of Service (LOS) for public facilities. Additionally, in order to meet the
requirements of concurrency management, fifty percent (50%) of the estimated Transportation
Impact Fees associated with the project are required to be paid simultaneously with the approval
of each final local development order. Other fees collected before the issuance of a building
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PUDZ.2004.AR-6631 Big Bear Plaza CPUD
Executive Summary
Bee Mtg. 7/26/05
Page 1 of3
Agenda Item No. 88
July 26, 2005
Page 2 of 63
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permit include building permit 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 impact fees and taxes collected were not included in the criteria used by Staff
and the Planning Commission to analyze this petition.
GROWTH MANAGEMENT IMP ACT:
The subject property is designated Estates (Estates - Mixed-Use District, Neighborhood Center
Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan (GMP).
The Neighborhood Center Subdistrict permits commercial intermediate uses and Conditional
Uses of the Estates zoning district subject to specific development standards. The intent of the
Neighborhood Center Subdistrict is to allow for development to provide basic goods, services
and amenities to Estates residents while maintaining the semi-rural character of the area. This
includes "intermediate commercial so as to provide for a wider variety of goods and services in
areas that have a higher degree of automobile traffic. ., uses shall be similar to C-l, C-2 or C-3,"
though some uses are specifically prohibited, and Conditional Uses in the Estates zoning district.
Since the original PUD was approved in 2000, the Neighborhood Center Subdistrict has been
amended on May 14, 2002, September 10, 2003, and October 26, 2004. Also, the Land
Development Code (LDC) has been amended to change permitted uses in the C-l thru C- 3
zoning districts.
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Based upon the above analysis, the proposed uses and development standards may be deemed
consistent with the Golden Gate Area Master Plan (GGAMP).
TRANSPORTATION ISSUES:
The Transportation Services Division has reviewed the Petitioner's Trip Generation Report
(TGR) and has determined that the proposed rezoning will generate 816 average daily trips at the
build-out of the project in 2007. As a result, this petition is consistent with policy 5.1 of the
Transportation Element.
Based on the analysis contained in the TGR, all roadway segments significantly impacted as a
resuh of the Big Bear Plaza CPUD will operate at or above the adopted Level of Service (LOS)
standard for that roadway as established by Collier County.
ENVIRONMENTAL ISSUES:
Environmental Services staff has reviewed the petition and has incorporated safeguards within
the PUD document to insure compliance with the environmental regulations that are incorporated
in Environmental Section 5.6 of the PUD document.
The Environmental Advisory Council did not have to review this petition, because the proposed
area to be developed did not exceed the 10-acre minimum area requirement.
r-
PUDZ-2004-AR-6631 Big Bear Plaza CPUD
Executive Summary
Bee Mtg. 7/26/05
Page 2 00
Agenda Item No. 88
July 26,2005
Page 3 of 63
~
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The Collier County Planning Commission (CCPe) was scheduled to review this petition at the
regular meeting of the CCPC on July 7,2005, but was requested to be continued by the applicant
to the July 21, 2005 regular meeting of the CCPC, to give the applicant an opportunity to meet
with the Golden Gate Estates Civic Association to review this petition. Due to the submittal
requirements of this report, the cepc recommendation will be reported to the Board of County
Commissioners at the July 26, 2005 BCC meeting.
,.,--
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
determination by the Board of County Commissioners (BCC) must be based. The legal
considerations are reflected in the CCPC evaluation of the listed criteria in Chapters 10.03.05
and 10.02.13.B.5 of the LDC. These evaluations are completed as separate documents that have
been incorporated into the attached staff report. A summary of the legal considerations and
findings are noted below:
. The proposed change has been deemed consistent with the goals, objectives, and policies
and Future Land Use Map and the applicable elements of the GMP.
. The proposed land uses are compatible with the existing land use pattern.
. The proposed change will not create or excessively increase traffic congestion or create
types of traffic deemed 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. This project has also been
deemed consistent with Policy 5.1 and 5.2 of the Traffic Element of the GMP.
. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private, shall be provided.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners (BCC) approve petition PUDZ-
2004-AR-6631 as described by the attached Ordinance of Adoption and exhibits thereto, the Big
Bear Plaza CPUD regulatory document.
PREPARED BY:
Michael J. DeRuntz, C.F .M., Principal Planner
Department of Zoning & Land Development Review
,.,--
PUDZ-2004-AR-663l Big BCIIl' Plaza CPUD
Executive Summary
Bee Mtg. 7/26/05
Page 3 of3
Item Number
Item Summary
Meeting Date
Approved By
5~mdl<1 I.e<l
C<Hl1munity Dl~'1~~I!)p!lwnt 8.
Etlvirotltne-nt<ll ServjCt~~
Agenda item No. 88
Julv 26, 2005
P..lge 4 of 63
COLLIER COUNTY
BOARD OF COUNTY COMMISSfONERS
38
This item requires that all participants be sworn in and ex. pt:llie disdosure be provided by
Commission members PUDZ-2004-AR.5531. Big Begr Plaza CPUD, Norman Tilylor.
represeflted by i\el:y Smitll, Of Davidson Engil1<3ering, Inc. requesting a reZDne from the
Estates (E) zoning distric\ to the Commercial Planned Unit Development (CP!JD) zoning
d!slrir.t 1or- low intensity transitional cornrnercialland us.es, convenience commercislland
~JSe5 ard intermed!,;:!t~ commercial land llfie~, The subject propert.y. ccns:sting of f) 413
~"lcres, i~ localeo at the nortJ1ea3t corner of the intersf:ction of Golden Gale 8oLl!~vard and
Elif!rglades Boule.lard, within Section 5. TDwnsflip 49 SOuth, Range 26 East, Collier
County. Fiorida
7/2512005 9:00,QO AM
f::((!l;u~i\le SI?l:rvti'lry
I)at!~
Comrnllni1v De'l/~!Il)prnen'"
Envirt)l\mmltal Servi(:l!.$ Allmin.
717120052:58 PM
Constance A. Johnson
Date
Approved By
COITlll'lunity OaveloJlmj~1l1 &
En\lironm<!lltal S(':rviC:{1!!o
Operations Analyst
Comrnwlily n~velopment &.
Environmental S{!nrlt;:!~s Admin.
1.'111200511:10 AM
Ray Bellow!>
Chief Plallner
Date
Approved By
CClmnnll1ity Development &
EnvirOl'n1f~ntal Services:
lnl'1tnn: & L.md D{~vj!lopmt~nt R(~view
7!11!200512:59 PM
S\l\i.<m MlJm~y. AICP
1.olling 8. Land D(i'vf?oloprnp.(\! Diredor
Dat!?"
Approved By
C(IrmYlUllity D~~v(!l~)pllwnt 8-
En\lifoomentill St~r"'H;{~,;
Zoning 8. !..;}nd D(,l/r.-f(lpm~!1r Revir.v:
7i1112005 :1:45 PM
Patnck G. White
A'Ss.h.tant County Attome)'
Date
Approved By
County Atlornu','
Cmlflty Attornev Ofl'ie~_
7112120051:1)4 PM
,JOI>_f'pn K. Schmitt
Date-
App..oved By
CommunilV Deve!Dpment &
EnvirOl,ment<J1 5ervic~s
Community Dev{~I"prmmt &
Envit'()IHlllmtoal Servic.e's Arimins.t!'<ltol'"
Community Development &.
Envlronrm.'l1ta! Services Admln
7.1-19,120052:55 PM
MlCh,wl Smvkow:..!.i
M<Hl<l9i!meDI & Budgl?'l Qirr-clO1'
Date-
Approved By
County Manager's Office
Office <1f M.Hi;j9~~mellt & Budget
7j1~j200S 4~51 PM
Norm E. Feder, Alep
TransPol1atiol1 Dlvis.ion Admlnis.triil\or
Date
Approved By
Transportation Se~Vlces;
Tmnsportaticm St~r...ice.f> Admin,
7.I19i200S 5:05- PM
Donairt l.. $E;ott
h,ltll.porfation PLannmg Diredor
O.ltl:
App."oved By
T'r.iflsportlltlon 5ervit:l~S;
lnn~p;.>rtatil)n Phmnifl!1
7!19!:WOS 5~07 PM
County ry1anager
Date-
Approved By
J01me~ V, Mudd
Board af Cr.H.inty
Cotnmis~ion{~r~
Cm.mty Manager'!; Office
7i19i200S 6-:0S PM
Agenda Item No. 88
July 26, 2005
Page 5 of 63
er County
~
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: JULY 7, 2005
SUBJECT:
PETITION PUDZ-2004-AR-663], BIG BEAR PLAZA CPUD
AGENT/APPLICANT:
OWNER:
Norman L. Taylor
465] West Blvd.
Naples, FL 34] 03
AGENT:
Kelly Smith, Project Planner
Davidson Engineering, Inc.
2154 Trade Center Way, Suite 3
Nap]es, FL 34109
REQUESTED ACTION:
The petitioner is requesting a rezone from Estates (E) Zoning District to Commercia] Planned Unit
Development (CPUD) to be known as the Big Bear Plaza CPUD.
GEOGRAPHIC LOCATION:
The subject PUD is located at the northeast corner of Everglades Boulevard and Golden Gate
Boulevard, more particularly described as All of Tract 1, Golden Gate Estates, Unit 77, in Section 5,
Township 49 South, Range 28 East, Collier County, Florida. The subject property contains 5.46
acres, less roadway easements. (See illustration on following page)
PURPOSEIDESCRIPTION OF PROJECT:
The proposed Big Bear Plaza CPUD is located on a 5.46 acre tract of land that is identified as a
Neighborhood Center Subdistrict of the Golden Gate Area Master Plan in the Collier County Growth
Management Plan (GMP). The Neighborhood Center Subdistrict has been developed to provide a
variety of C-], C-2, and C-3 uses to the residents within the Golden Gate Estates. The Neighborhood
Center Subdistrict incorporates a variety of standards for access, open space, buffering, preservation
areas, storm water management, building height, architectural design, prohibited uses which provides
for the compatibility of these commercial activities within these predominately residential areas. The
subject property is located within the East Golden Gate Wellfield Protection Area. The southern two-
PUDZ-2004-AR-663I
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Agenda Item No. 88
July 26, 2005
Page 6 of 63
thirds of the subject property is identified within Zone 1 of the protection area. The proposed PUD
incorporates the requirements of the "Neighborhood Center Subdistrict," and preserves the integrity
ofthe "Wellfield Protection Area."
SURROUNDING LAND USE AND ZONING:
Subject Parcel: Undeveloped wooded tract of land, zoned Estates
West:
Single-family residential dwelling and undeveloped Estates lots and an
East Golden Gate well head, zoned Estates
Undeveloped lot and single-family residential dwelling, zoned
Estates
Golden Gate Boulevard, then an undeveloped lot, an East Golden Gate
wellhead and single-family residential dwelling, zoned Estates
Everglades Boulevard then Undeveloped lot and single-family
residential dwelling, zoned Estates
Surrounding:
North:
East:
South:
GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject property is designated Estates (Estates - Mixed-Use District, Neighborhood Center
Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan.
Future Land Use Element: Relevant to this petition, the Neighborhood Center Subdistrict permits
neighborhood commercial uses and Conditional Uses of the Estates zoning district subject to
specific development standards. The intent of the Neighborhood Centers Subdistrict is to allow for
development to provide basic goods, services and amenities to Estates residents while maintaining
the semi-rural character of the area. This includes "intermediate commercial so as to provide for a
wider variety of goods and services in areas that have a higher degree of automobile traffic... uses
shall be similar to C-1, C-2 or C-3", though some uses are specifically prohibited; and, conditional
uses in the "E" zoning district.
The Neighborhood Centers Subdistrict was amended on May 14, 2002 and September 10, 2003.
Also, the LDC has been amended to change permitted uses in the C-1 thru C-3 zoning districts. The
GGAMP Restudy Committee recommended two new neighborhood center designations, one at the
Everglades Boulevard/Golden Gate Boulevard intersection (all four quadrants) and one at the
Everglades Boulevard/lmmokalee Road (CR-846) intersection (southerly two quadrants).
Based upon the above analysis, the proposed uses and development standards may be deemed
consistent with the existing, or proposed, GGAMP.
Transportation Element: The Transportation Department has reviewed the Petitioner's Trip
Generation Report (TGR) and has determined that the proposed rezone will generate 816 average
daily trips at the build-out of the project in 2007. As a result, this petition is consistent with policy
5.1 of the Transportation Element.
Based on the analysis contained in the Trip Generation Report (Exhibit "C"), all roadway segments
significantly impacted as a result of the Big Bear Plaza CPUD will operate at or above the adopted
Level of Service (LOS) standard for that roadway as established by Collier County.
PUDZ-2004-AR-6631
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Agenda Item No. 88
July 26, 2005
Page 7 of 63
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4TH AVE.SE
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380
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PUDZ-2004-AR-663 ]
3 of ]2
o We/lfields
Parcels developed
E Estates
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Agenda Item No. 8B
July 26,2005
Page 8 of 63
ZONING MAP
AERIAL MAP
Open Space/Conservation: The PUD document indicates that a combination of landscape areas,
buffers, preserve areas, water management areas, and qualifying open space areas exceeds the Land
Development Code (LDC) requirements and the Golden Gate Area Master Plan (GGAMP) Estates-
Mixed Use District, Neighborhood Center Subdistrict criteria.
ANAL YSIS:
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 10.02.13 of
the Land Development Code and required staff evaluation and comment. The Planning Commission
to the Bec 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
PUDZ-2004-AR-663I 4 of 12 eepe MEETING
Agenda Item No. 88
July 26, 2005
Page 9 of 63
completed as separate documents and are attached to the staff report (See Exhibit "A" and Exhibit
"B").
Environmental Analysis: Environmental Services staff has reviewed the petition and has
incorporated safeguards within the PUD document to insure compliance with the environmental
regulations, as identified in Preservation Area Plan Section IV, and Environmental Section 5.6 of the
PUD document.
The Environmental Advisory Council did not have to review this petition because the proposed area
to be developed did not exceed the 10-acre minimum area requirement.
Transportation Analysis: Transportation Department staff has reviewed the petItIon and has
recommended approval subject to the conditions contained in Section 5.9 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 5.10 of the PUD document.
Zoning and Land Development Review Analvsis: The evaluation by professional staff includes an
analysis of the project's relationship to the community's future land use plan, and whether or not a
rezoning action would be consistent with the GMP. Other evaluation considerations include an
assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with
adjacent land uses. In addition, staff offers the following synopsis:
Relationship to Existing Land Uses - The subject property is bordered by Golden Gate Boulevard,
Everglades Boulevard, and developed and undeveloped lots in the Estates. The subject property is
located in the Estates district. The Golden Gate Area Master Plan (GGAMP) in the Land
Development Code (LDC) and the Growth Management Plan (GMP) govern the Estates district.
Within the GGAMP, the subject property is classified as a "Neighborhood Center Subdistrict." The
Neighborhood Center Subdistrict permits C-I, C-2, and C-3 commercial uses as specified within the
criteria of this Subdistrict. The petitioner proposed to develop the subject property within the criteria
of the Subdistrict. The subject property is partially located within the Zone I of the East Golden Gate
Wellfield. The storage and use of hazardous materials are prohibited within Zone 1 of the East
Golden Gate Wellfield. The PUD document prohibits the storage and use of hazardous material
within Zone 1 of the wellfield protection area. Therefore, staff believes the uses allowed in the
petition would not adversely impact the existing residential land uses in the area. Furthermore, staff
believes that the development regulations, architectural standards, landscaping, storm water
management. and buffering requirements of the PUD district would meet the goals of the GMP and
enhance the aesthetic quality of this area.
NEIGHBORHOOD INFORMATION MEETING:
The agent/applicant held the required NIM at Max A. Hasse Jr. Community Park at 6:00 P.M. on
March 9, 2005. Seven persons other than the applicant/agent and County staff were in attendance.
Of those who spoke, one neighboring property owner stated opposition to commercial development
and voiced concern about alcohol consumption on site. The applicant's agent said there would be no
alcohol consumption on site. Contained within the proposed project would be a convenience store
with beer and wine sales and no freestanding "fast-food" restaurant. A gasoline station and impacts
on County wells were also discussed. The applicant assured the audience that state DEP guidelines as
well as county codes would determine the distance between fuel tanks and neighboring wells. The
PUDZ-2004-AR-663 ]
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Agenda Item No. 88
July 26, 2005
Page 10 of 63
county's project planner cited listed uses and prohibition of uses from the Land Development Code
for the requested zoning to PUD within a Neighborhood Center sub-district.
STAFF RECOMMENDATION:
That the CoIlier County Planning Commission (CCPe) forward a recommendation of approval of
petition PUDZ-2004-AR-6631 subject to the conditions of approval that have been incorporated in
the PUD document.
PREP ARED BY:
MICHAEL J. DE RUNTZ, C.F.M., PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
DATE
REVIEWED BY:
RAY BELLOWS, ZONING MANAGER
DEP ARTMENT 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 DIVISION
DATE
Tentatively scheduled for the July 26,2005 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
RUSSELL A. BUDD, CHAIRMAN
REZONE FINDINGS
PUDZ-2004-AR-663I
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PETITION PUDZ-2004-AR-6631
Agenda Item No. 88
July 26, 2005
Page 11 of 63
Section 10.03.05 of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed change in
relation to the following, where applicable:
1. Whether the proposed change will be consistent with the goals, objectives &
policies of the Future Land Use Map and the elements of the Growth
Management Plan.
The property is located within the Neighborhood Center Subdistrict as identified in the
Golden Gate Area Master Plan. Specific development requirements are established in
the GMP, and the PUD document contains appropriate references assuring compliance
with the provisions of the Neighborhood Center Subdistrict.
2. The existing land use pattern;
The subject property is located at the intersection of Golden Gate Boulevard and
Everglades Boulevard. Properties surrounding the subject property are zoned Estates
and are either developed with single-family homes or undeveloped Estates lots.
Property across Everglades Boulevard and to the west is the location of one of the City
of Naples' wells. All of the lots at the comers of Golden Gate Boulevard and
Everglades Boulevard are classified as being in the "Neighborhood Center
Subdistrict" within the Golden Gate Area Master Plan of the GMP. The proposed
amendment is consistent with the Future Land Use designation for this area.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
The proposed PUD is located in the northeast quadrant of the "Neighborhood Center
Subdistrict" identified at the intersection of Everglades and Golden Gate Boulevard.
The services that will be provided by this PUD can serve the nearby residents.
Therefore, the subject site will not create an isolated district.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
The proposed district boundaries are logically drawn and they are consistent with the
GMP.
EXHIBIT "A"
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
PUDZ-2004-AR-663 ]
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Agenda Item No. 8B
July 26, 2005
Page 12 of63
The site is designated for a mix of commercial and retail uses that are specified within
the parameters of the "Neighborhood Center Subdistrict" and the applicant intends to
develop the property within the parameters of the "Neighborhood Center Subdistrict".
The lack of commercial zoned property in the Estates and within this "Neighborhood
Center provide ample justification for the passage of this proposed amendment.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
No adverse impacts to nearby residential uses will result from the proposed PUD
rezoning. The GMP amendment pertaining to this property was adopted on May 14,
2002, September 10, 2003, and October 26, 2004. This PUD rezoning restricted use
of the property to a mix of intermediate commercial uses and included provisions for
allowable buildable area, shared parking requirements, limited access to the major
intersecting streets, buffering, architectural style, building height, exterior lighting
restrictions, preservation guidelines, water management guidelines and permitted and
prohibited land uses. The Big Bear Plaza PUD is consistent with these approved
development standards.
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.
The Transportation Services Division has reviewed the proposed PUD and has
incorporated appropriate language into the PUD document which renders the PUD
compatible with surrounding uses and the Transportation Element. No level of service
impacts result from this project. Therefore, the proposed PUD will not excessively
increase traffic congestion and is consistent with Policy 5.1 of the Transportation
Element.
8. Whether the proposed change will create a drainage problem;
The project will be reviewed and approved subject to requirements of Collier County
and the South Florida Water Management District. The PUD document incorporates
appropriate references to insure that no adverse drainage conditions will result from
the proposed development and incorporates the criteria for utilizing the 75-foot-wide
buffer area for stormwater management.
9. Whether the proposed change will seriously reduce light and air to adjacent
areas;
The proposed commercial intermediate uses, as specified in the "Neighborhood Center
Subdistrict" of the Golden Gate Area Master Plan, will be required to meet building
setbacks and single-story height restrictions. When meeting these requirements, light
and air will not be reduced to adjacent properties.
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Agenda Item No. 88
July 26,2005
Page 13 of 63
10. Whether the proposed change will adversely affect property values in the
adjacent area;
This site is adjacent to other residential and potential residential uses. An appraisal of
estimated future property values resulting from a rezone is not an issue addressed at
the rezoning stage. Given the required building and development standards, no
diminution of property values is anticipated.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations;
The development of adjacent properties, in accordance with existing regulations, will
not be affected.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
If the proposed rezone is determined by the Board of County Commissioners to be
consistent with the GMP, the proposed change will not constitute a grant of special
privilege.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
Under the approved Neighborhood Center Subdistrict, only the specified intermediate
commercial uses can be developed on this site. The proposed PUD document is
designed to meet the Neighborhood Center Subdistrict regulations.
14. Whether the change suggested is out of scale with the needs of the neighborhood
or the County;
The request is consistent with the GMP, and is therefore, within the needs of the
community. The "Neighborhood Center Subdistrict" limits the uses allowed and
identifies prohibited uses. The "Neighborhood Subdistrict" provides regulations for
buffering, preservation areas, access, and open space requirements. An "Old Florida"
architectural style is required for the rootline of the commercial buildings, and the
building height is limited to one (I) story, with a maximum height of35 feet.
15. Whether is it impossible to find other adequate sites in the County for the
proposed use in districts already permitting such use.
The GMP permits the uses identified within the proposed PUD document at the
location of the subject property.
16. The physical characteristics of the property and the degree of site alteration,
which would be required to make the property usable for any of the range of
potential uses under the proposed, zoning classification.
The subject property fronts on Golden Gate Boulevard and Everglades Boulevard. A
25-foot-wide landscaping buffer is required along the two external rights-of-way. A
PUDZ-2004-AR-663 I
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Agend a Item No. 88
July 26, 2005
Page 14 of 63
75-foot-wide buffer is required along the abutting residential property. Open space is
required within a pedestrian-accessible courtyard.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County
Growth Management Plan and as defined and implemented through the Collier
County Adequate Public Facilities Ordinance, as amended.
A multi-disciplined team responsible for jurisdictional elements of the GMP has
reviewed this petition and has 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 determined that required infrastructure meets
with GMP established relationships.
FINDINGS FOR PUD
PUDZ-2004-AR- 6631
PUDZ-2004-AR-6631
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Agenda Item No. 8B
July 26,2005
Page 15 of 63
Section 10.03.05 of the Collier County Land Development Code requires the Planning Commission
to make a finding as to the CPUD Master Plans' 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.
The property is designated for commercial intermediate uses as identified by the
Neighborhood Center Subdistrict of the Golden Gate Area Master Plan (GGAMP). The
site is located at the intersection of Golden Gate Boulevard and Everglades Boulevard,
and is located in the "Neighborhood Center Subdistrict" of the GGAMP.
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 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.
The petitioner has provided evidence that the PUD is under unified control.
3. Conformity of the proposed Planned Unit Development with the goals, objectives
and policies ofthe Growth Management Plan (GMP).
Staff analysis indicates that the Big Bear Plaza CPUD is consistent with the goals,
objectives and policies of the GMP.
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.
Staff analysis indicates that the PUD is compatible, both internally and externally, with
the proposed uses and with the existing surrounding uses.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
The PUD document and conceptual master plan make specific provisions for open space
and preservation areas consistent with the GMP and Land Development Code.
EXHIBIT "B"
6. The timing or sequence of development for the purpose of assuring the adequacy
of available improvements and facilities, both public and private.
The PUD is required to meet concurrency requirements at the time of Site
Development Plan approval.
PUDZ-2004-AR-663 I
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Agenda Item No. 88
July 26, 2005
Page 16 of 63
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
The site is not designed, nor intended to provide for expansion, which is consistent
with the intent ofthe specific provisions of the Neighborhood Center Subdistrict
8. Conformity with pun 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.
Staff analysis indicates that the Big Bear Plaza CPUD conforms to the PUD
regulations.
PUDZ-2004-AR-6631
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Agenda Item No. .88
July 26, 2005
Page 17 of 63
APPLICATION FOR PUBLIC HEARING FOR:
(BJPUD REZONE (PUDZ)
OPUD TO PUD REZONE (PUDZ-A)
Petition No.:
Planner Assigned: PUDZ-2004-AR--6631
PROJECT #200409001 9
.. .. DA TE: 10115/04
ComnllsslOn DIStrict: _ MICHAEL DERUNTZ
Date Received:
ABOVE TO BE COMPLETED BY STAFF
1. . General Information:
Name of Applicant(s) Norman L. Tavlor
Applicant's Mailing Address
4651 West Blvd.
City Naoles
State
FL
Zip
34103
Applicant's Telephone #
(239) 261-5026
Fax #
(239) 261-7968
Applicant's E-Mail Address:
normltaylor@aol.com
Name of Agent
Kelly Smith
Firm
Davidson Emrineering. Inc.
Agent's Mailing Address
2154 Trade Center Wav. Suite 3
City Naples
State
FL
Zip
34109
Agent's Telephone #
(239) 597-3916
Fax # (239) 597-5195
Agent's E-Mail Address:
Kel1yav.davidsonen~cerin~.com
COLLIER COUNTY COMMUNITY DEVELOPMENT
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
2800 N. HORSESHOE DRIVE-NAPLES, FL 34104
PHONE (941) 403-2400/FAX (941) 643-6968
ADDBcadon For PubJle Heuinq For Pun Rezone 8/29/03
Agenda Item No. 88
July 26,2005
*Be aware that Collier County has lobbyist regulations. Guide younelf accordingly Page 18 of 63
and ensure that you are In compliance with these regulations.
Complete the following for all Association(s) affiliated with this petition. (provide additional sheets
if necessary) N/A
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
Norman L. Taylor & Joanne Taylor
Richard A. Faust & Carolyn A. Faust
6011 Westport Lane
Na,ples. FL 34116
Percentage of Ownership
50%
50%
l\pDlieatioD For Pubnc Heuin2 For PUn R.....De 8/191D3
Agenda Item No. 88
July 26,2005
Page 19 of 63
b. If the property is owned by a CORPORATION, list the officers and stockholders and the
percentage of stock owned by each. N/A
Name and Address, and Office
PeccentaiC of Stock
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the
percentage of interest. NI A
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. N/A
Name and Addn:as
Peccentage 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. NI A
Name and Address
Percentage of Ownership
Date of Contract:
f. If any contingency clause or contract terms involve additional parties, list all individuals
or officers, if a corporation, partnership, or trust NI A
Name and Address
ADDlJeatlon For PubUe H... "nil For Pun Rezone 3/29103
Agenda Item No. 88
July 26, 2005
Page 20 of 63
g. Date subject property acquired (X) leased (): April 2002 Term oflease ---J"I'S.lmos.
If, Petitioner has option to buy, indicate date of option:
terminates: . or anticipated closing date
and date option
h. Should any changes of ownership or changes in contracts for purchase occur subsequent
to the date of application, but prior to the date of the final public hearing, it is the
responsibility of the applican4 or agent on his behalf, to submit a supplemental disclosure
of interest form.
3. Detailed le2a1 desc:riotioD of the orooertv covered bv the aDolieadon: (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) ifrequired 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:
5
Township:
49
Range: 28
Lot: Tract 1
Block: _ Subdivision: 90lden Gate Estates Un i+ 7t
Plat Book
5
Page #:
15
PropcrtyI.D.#:4068004000C?
Metes & BOlIDds Description:
4.
Size of orooertv:
ft. X
ft. = Total Sq. Ft.
Acres 5.46
S. Address/2eneralloeation of subject orooertv: Tbe subject property is located at the
northeast comer of Everi1ades Boulevard and Golden Gate Boulevard.
6.
PUD District (LDC 2.2.20.4):
o Residential 0 Community Facilities
IZI Commercial D Industrial
7. Adjacent zonin2 and land use:
Zoning Land use
N E Vacant
S ROW &E Golden Gate Blvd & V acant
E E V acant
W ROW&E Everilades Qlvd & Vacant
ADoUadoD. For PubDe HllarIDlI! For PUn R-.nue &I191D3
Agenda Item No. 88
July 26, 2005
Does the owner of the subject property own property contiguous to the subject pf'cfP(!lt'0 oif3
so, give complete legal description of entire contiguous property. (If space is inadequate,
attach on separate page). N/A
Section:
Township:
Range:
Lot: Block: Subdivision:
Plat Book _ Page #: Property 1.0.#:
Metes & Bounds Description:
8. Rezone Reauest: This application is requesting a rezone from the
district(s) to the PUD zoning district(s).
~+erf4.-S
~ t$ zoning
Present Use of the Property:
V scant. undeveloDed
Proposed Use (or range of uses) of the property: Uses consistent with the C-3 zoning district
Original PUD Name: N/A
Ordinance No.:
9. Evaluation 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 Commission,
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 fLDC 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, trajJic and access, drainage,
sewer, water, and other utilities.
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 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.
3. Conformity of the proposed PUD with the goals. objectives and policies of the 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 buffering and
screening requirements.
ADDlfutioD For PubUc H~r1Blr For PUD Rllmlle II/Uf03
Agenda Item No. 88
July 26, 2005
5. The adequacy of usable open space areas in existence and as proposed to serve Fillie 22 of 63
development.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
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.
9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions,
however, many communities have adopted such restrictions. You may wish to contact the
civic or property owners association in the area for which this use is being requested in order
to ascertain whether or not the request is affected by existing deed restrictions.
10. Previous land use petitions on the subject Dropertv: 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? Nt A '
11. Additional Submittal reauirements; In addition to this completed application, the following
shall be submitted in order for your application to be deemed sufficient, unless otherwise
waived during the pre-application meeting.
a . A copy of the pre-application meeting notes;
b. If this rezone is being requested for a specific use, provide twenty (20) copies (this
includes: HUI if affordable housing, Joyce Ernst, if residential and ImmokaleeIWater
Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 8W'
x II" 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 distn'bution to the Board and various advisory boards such as the
Environmental Advisory Board (EAB), or cepe];
. all existing and proposed stnictures 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.
ADDUcation For Public a..rlnll For PUD Rezone 8/29103
Agenda Item No, 88
July 26, 2005
Page 23 of 63
d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land
Development Code (IDe) , 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 Forms Classification System. Additionally, a calculation of the acreage
(or square feet) of native vegetation on site, by area, and a calculation and location(s) of
the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.).
f. Statement of utility provisions (with all required attachments and sketches);
g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
h. A historical and archeological surveyor waiver application if property is located within
an area of historical or archaeological probability (as identified at pre-application
meeting);
1. 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 permits.
J. The petitioner must provide a letter of no objection from the United States Postal Service
prior to submittal of the application. Please contact Robert M. Skebe, Growth
Management Coordinator at:
U.S. Postal Service
1200 Goodlette Road
Naples, Florida 34102-9998
Phone (239) 435-2122; Fax (239) 435-2160
k. An electronic version of the PUD on a disk as part of this submittal package.
I. BOWldary 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 Code requires
an applicant to remove their public hearing advertising sign (s) after f'mal action is
taken by the Board of County Commissioners. Based on the Board's fmal action on
this item, please remove all public hearing advertising sign (s) immediately.
Land Use Petition Continuance Fees:
Two days or less prior to meeting = $500
Requested at the meeting = 5750
Additional required advertising charged in addition to continuance fees
ADtIU...t1on For Public Hearlnll' For roo Rezone 8/29103
.
Agenda Item No. 8B
July 26, 2005
Page 24 of 63
1. The suitability of the <<reap the type and pattem. ofdevelopnumt
proposed in relation to physical charact~tiCB of the land,
~1IJ'Iding area5, tra8f.c and aeceA', druisaage, sewer, water,
and other utilities.
This petition seeks to convert 5.46 acres<?L land zoned Estates (E) to
Commercial POD for the development of a commercial center.
The property is bounded by Golden Gate Boulevard to the south . and
Everglades Boulevard to the west. Access to the site will be through both
Golden Gate Boulevard and Everglades Boulevard. The adjacent properties to
the north and east are both developed with a single family residence. The
proposed project will comply with all buffer requirements set forth in the
Collier County Land Development Code. While central water and sewer
services do not exist in this area, the subject property is part of a
Neighborhood Center which anticipates the type of development proposed.
Based upon these factors the proposed project is compatible with the adjacent
properties.
2. Adequacy of evidence of tatUied control and suitability of any
propoBed agreements, contract, or other inBtrum.ents, or for
amendments in those ~ed, particularly as they may relal:e to
arrangement.5 or provisions to be made far the continuing
operation and maintenance of BUCh areas cmdfru.:Ui.t:ia that are
nDt to be provided. or maintained at public apense. Findings and
recommendatiOlUl of t:his type shnll be rruu.Ie only qfter
consultation. with the co1D1ty attorney.
The land is owned by the petitioners. Any common areas within the project,
including all preserve areas, will be owned and maintained by the property
owners.
3. Conj'umdty of the proposed PUD with the goals, objectives and
policies of the growth management plan.
The proposed project is consistent with the Collier County Growth
Management Plan (GMP) and the Golden Gate Area Master Plan (GGAMP)
through the application of the development standards contained in this PUD.
The proposed project is consistent with the following specific policies and
objectives:
Policy 1.1.2 of the GGAMP: The subject property is designated Estates~Mixed
Use District and Neighborhood Center Subdistrict per.
Policy 5.4 of the GMP: The proposed development is compatible with and
complimentary to surrounding land uses. .
Agenda Item No. 8B
July 26, 2005
Page 25 of 63
Policy 2.2.2 of the Conservation and Coastal Management Element (CCME) is
furthered by the water management design of the project which utilizes
conservation areas for water management. As a result, the cumulative impacts
of run-off are reduced and water quality treatment is improved.
4. ~ internal and external compatibility of proposed uses, which
conditions may include -restrictions on location of improvements,
restri.ctiOlUl on design, and bq/Jim.ng and screening requirements.
The proposed PUD complies with the buffering requirements for
Neighborhood Centers set forth in the Golden Gate Area Master Plan. The
proposed PUD also complies with the buffering requirements of the Collier
County Land Development Code. The proposed uses, setback requirements
and maximum building height are consistent with existing and potential
adjacent land uses.
5. The adequacy of usable open space areas in aistence and as
proposed to serve the development.
The subject property is currently undeveloped, and therefore the existence of
usable open space is not applicable. The proposed project will meet or exceed
the required open space for a residential PUD.
6. The tim:ing or sequence of development far ~ purpose of
assuring the adequacy of available improvements andfa.cilities,
both public and private.
The project will comply with the COWlty Adequate Public Facilities ordinance.
No capacity issues are known at this time.
7. The ability of the llUbject property and of surrounding areas to
accommodate expansion.
Room for expansion is not a consideration as the proposed PUD will fully
utilize the subject property.
8. Conformity with PUD regulations, or as to desirable
m.odi;/icatioru of such regulatiON in the particular case, based on
detel"luillation that: such modifications of jll8tiJied as meeting
public P1Uposes to a degree at least equivalent to literal
application of sudt regulations.
The proposed PUD complies with all applicable regulations set forth in the
Collier County Land Development Code for a single family development. No
deviations from the LDC are requested..
Agenda Item No. 88
July 26, 2005
Page 26 of 63
AFFIDA VIT
I, Norman L. Taylor, owner, Big Bear Plaza, being first duly sworn, depose that I am the
owner of the property described herein and which is the subject matter of the proposed
site development application; that all the information provided to the swveyor is
sufficient to prepare an accurate boundary survey for this application, and is honest and
true to the best of our knowledge and belief.
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PUDZ-2004-A R-6631
PROJECT #2004090019
DATE: 10/15/04
MICHAEL DERUNTZ
FROM Dayidson Engineering
(TUOSEP 14 2004 14:34/ST.14:33/NO.^6326B'~8J3 NP 38
Mgenda ltem 0.8
July 26, 2005
Page 27 of 63
dFJ11A4 JIlT
We. NOf7IIIDI L Tayler, JOQ1I1J Taylor. Riclt" A. Fa"" cI Cam/yJr A. FtAISt. lMJ",fint Jr"Jy.rwonr.
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Wldenltlllli dltJl tile iIiformatioll reqw.JtU Oft IIW appllcatiolf 1IU#t be COWIpie. tI1td acetlNt. tutd
tJuu tlte CtMIent 01 diu form, wItetlter com~ ~fYlted 0' Cormty pri1tled slWl Not M a/tend.
Public Iteorinp will IftIt b. ~<<I until tit" appllC4lio" " deemed ~ twI all1f:qUired
iII/onMtlolt Ita "*" nIbrnltted.
AI pt'O~ 0WJNr W../'tu'tMr GI!lIt~ Davidr",. E1f~ INC. kJ act. tNr ~;W! iN
any Irf4tkn rqtlf'dllag dais Pelttiolf.
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PUDZ-2004-AR-6631
PROJECT #2004090019
DATE: 10/15/04
MICHAEL DERUNTZ
fROM Davidson fnglneerlns
(TUE)SEP 14 2004 14:34/ST, 14:33/NO'JJe2~JJ~tUXJoJB
July 26, 2005
Page 28 of 63
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July 26, 2005
Page 29 of 63
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PROJECT #2004090019
DATE: 10/15/04
MICHAEL DERUNTZ
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Agenda Item No. 88
July 26, 2005
Page 30 of 63
STATEMENT OF UTll..ITY PROVISIONS FOR PUD REZONE REOUXST
1. NAME OF APPUCANT:
Nonnan L. T~lor
2. MAILING ADDRESS:
4651 West Blvd.
Cl'IY
NQples
STATE FL
ZIP
34103
3.
ADDRESS OF SUBJECT PROPERTY (IF A V AlLABLE):
Golden Gate Blvd. and Everglades Blvd
NE corner of
4. LEGAL DESCRIPTION:
os
ToWJUbJp:
49
Range: 28
Golden Gate Estates
Section:
Lot: . NI A Block: N/A
Subdivlllon:
Plat Book 1505 Page #: 629
Property LD.#:
4068004??oo
Metes & Bounds Description:
see attached survey
s. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Cheek applieable system):
a. COUNTY UTILITY SYSTEM 0
b. CITY UTILITY SYSTEM 0
c. FRANCHISED UTD..JTY SYSTEM 0
PROVIDE NAME
d. PACKAGETREATMENTPLANT 0
(GPD capacity)
e. SEPTIC SYSTEM I8l
6. TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
d. PRIVATE SYSTEM (WELL)
o
o
o
181
7. TOTAL POPULATION TO BE SERVED: N/A
8. PEAK AND AVERAGE DAILY DEMANDS:
A. WATER-PEAK 6.05GPM AVERAGEDAlLY 2.180GPD
B. SEWER-PEAK 6.05GPM AVERAGEDAlT,Y~..~<!!p _.
PUDZ-2004-AR-6631
PROJECT #2004090019
DATE: 10/15/04
MICHAEL DERUNTZ
ADDbcatklull'or PubUc HAI1H For roo RaDDe 8IJ9103
Agenda Item No. 88
July 26, 2005
9. IF PROPOSING TO BE CONNECTED TO COLLIER. COUNty REGIONAI~age 31 of 63
WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE
REQUIRED:
10. NARRATIVE STATEMENT: Provide a brief and concise DaIT8tive statement and schematic
drawing of sewage treatment process to be used as weD as a specific statement regarding the
method of aftluent and sludge disposal. If percolation ponds are to be used, then percolation
data and soil involved shall be provided from tests prepared and certified by a professional
engineer.
11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located
within the services boundaries of Collier County's utility service system, written notarized
statement shall be provided agreeing to dedicate to Collier County Utilities the water
distribution and sewage collection facilities within the project area upon completion of the
construction of these faciIit:ies in accordance with all applicable County ordinances in effect at
the at time. This statement shall also include an agreement that the applicable system
development charges and connection fees will be paid to the County Utilities Division prior to
the issuance of building permits by the ColUlty. If applicable, the statement shall contain shall
contain an &greemeut to dedicate the appl opriate utility easements for serving the water and
sewer systems.
12. STATEMENT OF A V AlLABll.JTY CAPACITY FROM OTHER PROVIDERS: Unless
waived or otherwise provided for at the pre-application meeting, if the project is to receive
sewer or potable water services from any provider other than the County, a statement from
that provider indicating that there is adequate capacity to serve the project shall be provided
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Agenda Item No. 86
July 26.2005
Page 34 of 63
ORDINANCE NO. 05-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY
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
COUNTY, FLORIDA BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS; TO
CHANGE THE ZONING CLASSIFICA nON OF THE
SUBJECT REAL PROPERTY FROM THE (E) ESTATES
ZONING DISTRICT TO THE (CPUD) COMMERCIAL
PLANNED UNIT DEVELOPMENT ZONING DISTRICT
FOR LOW INTENSITY TRANSITIONAL
COMMERCIAL LAND USES, CONVENIENCE
COMMERCIAL LAND USES AND TNTERMEDIA TE
COMMERCIAL LAND USES AS IDENTIFIED FOR
THE NEIGHBORHOOD CENTER SUB-DISTRICT AT
TillS SUBJECT PROPERTY IN THE GOLDEN GATE
AREA MASTER PLAN (GGAMP) OF COLLIER
COUNTY'S GROWTH MANAGEMENT PLAN (GMP)
LOCATED AT THE NORTHEAST CORNER OF THE
INTERSECTION OF GOLDEN GATE BLVD. AND
EVERGLADES BLVD., MORE PARTICULARLY
DESCRIBED AS ALL OF TRACT 1, GOLDEN GATE
ESTATES, UNIT 77, IN SECTION 5, TOWNSHIP 49
SOUTH, RANGE 28 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 5.46 ACRES; AND
PROVIDE FOR AN EFFECTIVE DATE.
WHEREAS, Kelly Smith of Davidson Engineering, Inc., representing Norman
Taylor and Joanne Taylor, petitioned the Board of County Commissioners to change the
zoning classification of the subject real property punmant to petition PUDZ-2004-AR-
6631.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the subject real property described in Section 1.2 of
the Big Bear Plaza CPUD Document, attached hereto as Exhibit "A" and incorporated by
reference herein, located in all of Tract 1, Golden Gate Estates, Unit 77, in Section 5,
Township 49 South, Range 28 East, Collier County, Florida, is changed from the (E)
Estates zoning district to the (CPUD) Commercial Planned Unit Development zoning
district for low intensity transitional commercial land uses, convenience commercial land
Page 1 of2
Agenda Item No. 88
July 26, 2005
Page 35 of 63
uses and intermediate commercial land uses as identified for the Neighborhood Center
Sub-district at this subject property in the Golden Gate Area Master Plan (GGAMP) of
Collier County's Growth Management Plan (GMP). The appropriate zoning atlas map or
maps; as described in Ordinance Number 2004-41, as amended, the Collier County Land
Development Code, is hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Florida Department of
State.
PASSED AND DULY ADOPTED by super majority vote of the Board of County
Commissioners of Collier County, Florida, this _ day of
.2005.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
DvnGHTE. BROCK, CLERK
BY:
FRED W. COYLE, CHAIRMAN
Deputy Clerk
Approved as to form
and legal sufficiency
Patrick G. White
Assistant County Attorney
PUDZ-2004-AR.o63 J. Big Bear Plaza PUDIMJD/sp
Page 2 of2
Agenda Item No. 88
July 26, 2005
Page 36 of 63
BIG BEAR PLAZA CPUD
A
COMMERCIAL PLANNED UNIT DEVELOPMENT
PREPARED FOR:
Norman and Joanne Taylor
4651 West Blvd.
Naples, FL 34103
Richard and Carolyn Faust
6011 Westport Ln
Naples FL 341116
PREPARED BY:
Davidson Engineering, Inc.
2154 Trade Center Way; Suite 3
Naples FL 34109
DATE REVIEWD BY CCPC
DATE APPROVED BY BeC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
TABLE OF CONTENTS
LIST OF EXHIBITS AND TABLES
PAGE
ii
STATEMENT OF COMPLIANCE
Hi
SHORT TITLE
Hi
SECTION I: PROPERTY OWNERSHIP & DESCRIPTION
1-1
SECTION II: PROJECT DEVELOPMENT REQUIREMENTS
2-1
SECTION III: COMMERCIAL AREAS PLAN
3-1
SECTION IV: PRESERVE AREA PLAN
4-1
SECTION V: DEVELOPMENT COMMITMENTS
5-1
Agenda Item No. 88
July 26, 2005
Page 37 of 63
EXHIBIT "A"
TABLE I
Agenda Item No. 88
July 26, 2005
Page 38 of 63
LIST OF EXHIBITS AND TABLES
CPUD Master Plan
Development Standards
Agenda Item No. 88
July 26, 2005
Page 39 of 63
STATEMENT OF COMPLIANCE
The development of approximately 5.46t acres of property in eastern Collier County as
a Planned Unit Development to be known as the Big Bear Plaza CPUD will be in
compliance with the planning goals and objectives of Collier County as set forth in the
Collier County Growth Management Plan. The commercial facilities of the Big Bear
Plaza CPUD 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 Neighborhood Center of the Estates-Mixed Use
Designation as identified on the Future Land Use Map and as described in the
Golden Gate Area Master Plan. The Golden Gate Area Master Plan permits
commercial land uses, limited to intermediate commercial so as to provide for a
wider variety of goods and services in areas that have a higher degree of
automobile traffic. The proposed project shall not utilize more than 50% of the
total allowed commercial acreage. The architectural style of the development
shall reflect the "Old Style Florida" design with metal roofs. The Big Bear Plaza
CPUD is compliant with the Neighborhood Center Subdistrict criteria established
in the Golden Gate Area Master Plan.
2. The project development is compatible and complimentary to surrounding land
uses as required in Policy 5.4 of the Future Land Use Element.
3. Improvements are planned to be in compliance with applicable sections of the
Collier County Land Development Code as set forth in Objective 3 of the Future
Land Use Element.
4. The project development is planned to protect the functioning of natural
drainage features and natural groundwater aquifer recharge areas as described
in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
5. The project shall be in compliance with Objective 3.1 of the Conservation and
Coastal Management Element of the Growth Management Plan.
6. The project shall be in compliance with all applicable County regulations
including the Growth Management Plan.
7. All final local development orders for this project are subject to Section 6.02.01,
Adequate Public Facilities, of the Collier County Land Development Code, as
required by Objective 2 of the Future Land Use Element.
Agenda Item No. 88
July 26, 2005
Page 40 of 63
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 describe the existing conditions of the property proposed to be
developed under the project name of Big Bear Plaza CPUD.
1.2 LEGAL DESCRIPTION
The subject property being 5.46 acres. is located in Section 5. Township 49 South.
Range 28 East. and is fully described as:
All of Tract 1. Golden Gate Estates Unit 77. according to the plat
thereof. as recorded in plat book 5. page 15. of the public records
of Collier County, Florida.
1.3 PROPERTY OWNERSHIP
The subject property is owned by Norman L. & Joanne Taylor and Richard A. &
Carolyn Faust.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A The subject property is located at the northeast corner of the intersection of
Golden Gate Boulevard and Everglades Boulevard.
B. The subject property is zoned Estates and is designated Estates-Mixed Use on
the Collier County Future Land Use Map. It is proposed to be rezoned to a
commercial PUD for low intensity transitional commercial land uses.
convenience commercial land uses and intermediate commercial land uses.
C. The subject property is 5.46 acres. The CPUD proposes a donation of 0.70 of
right-of-way. The area for development remaining after the right-of-way
donations is approximately 4.76 acres.
1.5 PHYSICAL DESCRIPTION
The project site is primarily located within the Main Golden Gate Canal Basin
according to the Collier County Drainage Atlas. The proposed outfall for the
project is to an existing Golden Gate Boulevard swale along the southern
boundary of the project.
Natural ground elevation varies from 10.75' to 14.12' NGVD. The entire site is
located within FEMA Flood Zone "D" with no base flood elevation specified. The
site is dominated by slash pines. cypress. and cabbage palms.
1-1
Agenda Item No. 88
July 26, 2005
Page 41 of 63
The water management system of the Project will be permitted by Collier
County. All rules and regulations of SFWMD will be imposed upon this Project.
including but not limited to: storm attenuation with a peak discharge rate per
Collier County and SFWMD regulations, minimum roadway centerline, perimeter
berm and finished floor elevations, and water quality pre-treatment. The water
management system of the Project proposes the construction of a perimeter
berm with crest elevation set at or above the 25-year, 3-day peak flood stage.
Water quality pre-treatment will be accomplished by an on-site retention system
prior to discharge into the Golden Gate Boulevard swale.
1.6 PROJECT DESCRIPTION
The Big Bear Plaza CPUD will include a mixture of retail, office and automobile
service station land uses with a common architectural theme. The Master Plan is
illustrated graphically on Exhibit "A", CPUD Master Plan.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Big Bear Plaza Commercial
Planned Unit Development Ordinance."
1-2
Agenda Item No. 88
July 26, 2005
Page 42 of 63
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1. PU RPOSE
The purpose of this Section is to delineate and generally describe the project
plan of development. relationships to applicable County ordinances, the
respective land uses of the tracts included in the project. as well as other project
relationships.
2.2. GENERAL
A. Regulations for development of the Big Bear Plaza CPUD shall be in
accordance with the contents of this document. CPUD-Planned Unit
Development District and other applicable sections and parts of the
Collier County Land Development Code and Growth Management Plan
in effect at the time of building permit application. Where these
regulations fail to provide developmental standards then the provisions of
the most similar district in the County Land Development Code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in Collier County Land Development Code in effect at
the time of building permit application.
C. All conditions imposed and all graphic material presented depicting
restrictions for the development of the Big Bear Plaza CPUD shall become
part of the regulations that govern the manner in which the CPUD site
may be developed.
D. All applicable regulations. unless specifically waived through a variance
or separate provision provided for in this CPUD document shall remain in
full force and effect.
E. Development permitted by the approval of this petition will be subject to
a concurrency review under the provisions of Section 6.02.00 (Adequate
Public Facilities) of the Collier County Land Development Code at the
earliest or next to occur of either final SDP approval, final plat approval. or
building permit issuance applicable to this development.
2.3. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The Project Master Plan is illustrated graphically by Exhibit "A," CPUD Master
Plan.
B. Minor modification to Exhibit "A" may be permitted at the time of Site
Development Plan approval, subject to the provisions of Section 10.02.31.E of
2-1
Agenda Item No. 88
July 26, 2005
Page 43 of 63
the Collier County Land Development Code or as otherwise permitted by this
CPUD Document.
2.4. RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or
part of the CPUD, final plans of all required improvements shall receive
approval of the appropriate Collier County governmental agency to insure
compliance with the CPUD Master Plan, the Collier County Subdivision Code
and the platting laws of the State of Florida.
B. Exhibit itA", CPUD Master Plan, constitutes the required CPUD Development
Plan. If applicable, a Preliminary Subdivision Plat shall be submitted for the
entire area covered by the CPUD Master Plan subsequent to or concurrent
with CPUD approval. Any division of property and the development of the
land shall be in compliance Section 10.02.04 of the Collier County Land
Development Code, and the platting laws of the State of Florida.
C. The provisions of Chapter 10 of the Collier County Land Development Code
when applicable shall apply to the development of all platted tracts, or
parcels of land as provided in said Division prior to the issuance of a building
permit or other development order.
D. 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.
2.5. CPUD DOCUMENT AND MASTER PLAN
A. Exhibit "A", CPUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed tract, lot or land use boundaries or special
land use boundaries shall not be construed to be final and may be varied at
any subsequent approval phase such as final platting or site development
plan application. Subject to the provisions of Section 10.02.13 of the Land
Development Code amendments may be made from time to time.
B. The Community Development and Environmental Services administrator, or
his designee, shall be authorized to approve minor changes and refinements
to the Big Bear Plaza CPUD Master Plan upon written request of the
Developer.
1. The following limitations shall apply to such requests:
a. The minor change or refinement shall be consistent with the Collier
County Growth Management Plan (GMP), and the Big Bear Plaza
CPUD Document.
2-2
Agenda Item No. 88
July 26, 2005
Page 44 of 63
b. The Minor change or refinement shall not constitute a substantial
change pursuant to Section 10.02.13E of the Collier County Land
Development Code.
c. The minor change or refinement shall be compatible with adjacent
land uses, and shall not create detrimental impacts to abutting land
uses, water management facilities, and Preserve Areas within, or
external to the CPUD boundaries.
2. The following shall be considered minor changes or refinements, subject
to the limitations of Subsection 2.5.B.l of this document:
a. Reconfiguration of Preserve Areas as a result of regulatory agency
review and permitting in accordance with the Collier County Land
Development Code and Grow Management Plan. There may be no
overall decrease in Preserve Area.
b. Reconfiguration of water management facilities where such changes
are consistent with the criteria of the South Florida Water Management
District and Collier County.
c. Internal realignment of roadways and interconnection to off-site lands
other than a relocation of access points from publicly maintained
roadways (i.e., State or County roadways), to the CPUD itself, where no
water management or preserve areas are affected or otherwise
provided for.
3. Minor changes and refinements, as described above, shall be reviewed
by appropriate County staff to ensure compliance with all applicable
County ordinances and regulations prior to the Administrator's
consideration for approval.
4. Approval by the Administrator of a minor change or refinement may
occur independently from, and prior to any application for subdivision (if
required), or site development plan approval. however, the Administrator
or his designee's approval shall not constitute an authorization for
development or the implementation of the minor change or refinement
unless the applicable permits are first obtained.
C. Amendments to the CPUD document may be made subject to Section
10.02.12 of the Land Development Code.
2-3
Agend a Item No. 88
July 26, 2005
Page 45 of 63
SECTION III
COMMERCIAL AREAS PLAN
3. 1. PURPOSE
The purpose of this Section is to set forth specific development standards for the
commercial areas as shown on Exhibit "A", CPUD Master Plan.
3. 2. GENERAL DESCRIPTION
Commercial areas designated on the CPUD Master Plan are intended to provide
retail, office, and automobile service station uses with a common architectural
theme.
3. 3. PERMITTED USES
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. Permitted Uses:
1. Accounting, auditing and bookkeeping services (8721).
2. Apparel and accessory stores (groups 5611--5699).
3. Auto and home supply stores (5531).
4. Automotive services (7549) except that this shall not be construed to
permit the activity of "wrecker service (towing) automobiles, road and
towing service."
5. Barber shops (7241), except barber schools.
6. Beauty shops (7231), except beauty schools.
7. Business services (groups 7311, 7322-7330, 7332-7338, 7361--7379, 7384,
7389 except auctioneering service, automobile recovery, automobile
repossession, batik work, bottle exchanges, bronzing, cloth cutting,
contractors' disbursement, cosmetic kits, cotton inspection, cotton
sampler, directories-telephone, drive-away automobile, exhibits-
building, filling pressure containers, field warehousing, fire extinguisher,
floats-decoration, folding and refolding, gas systems, bottle labeling,
liquidation services, metal slitting and shearing, packaging and labeling,
patrol of electric transmission or gas lines, pipeline or powerline
inspection, press clipping service, recording studios, repossession service,
rug binding, salvaging of damaged merchandise, scrap steel cutting
and slitting, shrinking textiles, solvent recovery, sponging textiles,
3-1
Agenda Item No. 88
July 26, 2005
Page 46 of 63
swimming pool cleaning, tape slitting, texture designers, textile folding,
tobacco sheeting, window trimming, and yacht brokers).
8. Child day care services (8351).
9. Eating places with 6,000 square feet or less in gross floor area in the
principal structure (5812 only). All establishments engaged in the retail
sale of alcoholic beverages for on-premise consumption are subject to
locational requirements of Section 5.05.01 of the Land Development
Code.
10. Food stores (groups 5411--5499).
11. Gasoline service stations (5541), subject to Sections 5.05.05 and 3.06.00
of the Land Development Code.
12. General merchandise stores (group 5399).
13. Group care facilities withoufoyernighfresidenfidl.1..Ise$ (category I and II,
except for homeless shelters); care units, except for homeless shelters;
nursing homes; assisted living facilities pursuant to F.S. S 400.402 and ch.
58A-5 F .A.c.: and continuing care retirement communities pursuant to
F.S. 9 651 and ch. 4-193 F.A.C.; all subject to section 2.6.26.
14. Hardware stores (5251).
15. Health services (groups 8011--8049,8082).
16. Home furniture, furnishing, and equipment stores (groups 5712-5736J.
17. Individual and family social services (8322 activity centers, elderly or
handicapped; adult day care centers; and day care centers, adult and
handicapped only).
18. Insurance carriers, agents and brokers [groups 6311--6399, 6411).
19. Legal services (8111).
20. Management and public relations services (groups 8741--8743, 8748).
21. Membership organizations (8611--8699).
22. Miscellaneous repair services (groups 7629--7631, 7699 bicycle repair,
binocular repair, camera repair, key duplicating, I awn mower repair,
leather goods repair, locksmith shop, picture framing, and pocketbook
repair only).
3-2
Agenda Item No. 88
July 26, 2005
Page 47 of 63
23. Miscellaneous retail with 5,000 square feet or less of gross floor area,
(groups 5912--5963 except pawnshops and building materials, 5992--
5999 except auction rooms, awning shops, gravestones, hot tubs,
monuments, swimming pools, tombstones and whirlpool baths).
24. Museums and art galleries (8412).
25. Nondepository credit institutions (groups 6111-6163).
26. Offices for engineering, architectural, and surveying services (groups
0781. 8711--8713).
27. Paint, glass and wallpaper stores (5231).
28. Personal services (groups 7212, 7215, 7216 nonindustrial dry cleaning
only, 7291. 7299, babysitting bureaus, clothing rental, costume rental,
dating service, debt counseling, depilatory salons, diet workshops, dress
suit rental, electrolysis, genealogical investigation service, and hair
removal only).
29. Photographic studios [7221).
30. Physical fitness facilities [7991).
31. Public administration [groups 9111-9199, 9229, 9311, 9411--9451, 9512-
9532,9611--9661).
32. Real estate (groups 6531--6552).
33. Retail nurseries, lawn and garden supply stores (5261).
34. Security and commodity brokers, dealer, exchanges and services
(groups 6211--6289).
35. Shoe repair shops and shoeshine parlors (7251).
36. Transportation services [4724), travel agencies only.
37. United States Postal Service (4311 except major distribution centers).
38. Veterinary services (groups 0742, 0752 excluding outside kenneling).
39. Videotape rental (7841).
40. Any other general commercial use which is comparable in nature with
the foregoing list of permitted uses and consistent with the permitted
uses and purpose statement of the district, as determined by the zoning
director or his designee.
3-3
Agenda Item No. 88
July 26, 2005
Page 48 of 63
B. Accessory Uses:
1. Uses and structures that are accessory and incidental to the Permitted
Uses within the CPUD Document.
2. Caretaker's residence, in accordance with Section 5.03.05 of the Collier
County Land Development Code.
3. Any other general commercial use which is comparable in nature with
the foregoing list of conditional uses and consistent with the conditional
uses and purpose statement of the district, as determined by the zoning
director or his designee.
3. 4. PROHIBITED USES
The following principal permitted uses are prohibited within the Big Bear Plaza
CPUD:
A. Prohibited Uses:
1. Drinking Places (5813)
2. Liquor Stores (5921)
3. Mail Order Houses (5961)
4. Merchandizing Machine Operators (5962)
5. Power Laundries (7211)
6. Crematories (7261) (Does not include non-crematory Funeral Parlors)
7. Radio, TV Representatives (7313)
8. Direct Mail Advertising Services (7331)
9. NEC Recreational Shooting Ranges, Waterslides, etc. (7999)
10. General Hospitals (8062)
11 . Psychiatric Hospitals (8063)
12. Specialty Hospitals (8069)
13. Elementary and Secondary Schools (8211)
14. Colleges (8221)
3-4
Agenda Item No. 88
July 26, 2005
Page 49 of 63
15. Junior Colleges (8222)
16. Libraries (8231)
17. Correctional Institutions (9223)
18. Waste Management (9511)
19. Homeless Shelters and Soup Kitchens
3. S. CONDITIONAL USES
The following uses are permissible as conditional uses, subject to the standards
and procedures established in Chapter 10.08.00 of the Land Development
Code:
1. Conditional uses permissible within the "E" Estates zoning district.
3.6. DEVELOPMENT STANDARDS
A. Minimum Lot Area: Ten thousand (10,000) square feet.
B. Minimum Lot Width: One hundred (100) feet.
C. Minimum Yards:
1. Front yard: Twenty-five (25) feet.
2. Side yard: Fifteen (15) feet.
3. Rear yard: Fifteen (15) feet.
4. PreseNe setback:
a. Principal structures: Twenty-five (25) feet.
b. Accessory Structures: Ten (10) feet.
D. Minimum Distance Between Principal Structures: Fifteen (15) feet.
E. Minimum Floor Area: Seven hundred (700) square feet.
F. Maximum Height: Thirty-five (35) feet and one (1 )-story.
G. Off-Street Parking and Loading Requirements: As required by Section 4.05.00
and Section 4.06.00 of the Collier County Land Development Code in effect
at the time of building permit application.
3-5
Agenda Item No. 88
July 26, 2005
Page 50 of 63
H. Open Space Requirements:
1. A minimum of thirty (30) percent of the subject property shall be devoted
as open space, as described in Section 2.03.06 of the Collier County Land
Development Code.
2. Green space in the form of functional public open-space equal to seven
percent of the size of the vehicular use areas shall be provided as part of
the required open space. Such green space shall be developed as
follows:
a. Green space must be developed within the front yard (s) or as
pedestrian accessible courtyards. The courtyards must only be located
in areas that are in close proximity to the retail shopping area and in
areas likely to be used by pedestrians visiting the shopping center and
retail establishment. Projects within the Neighborhood Center
Designation that are submitted as
b. Green space must be considered areas designed for environmental,
scenic or noncommercial recreation purposes and be pedestrian-
friendly and aesthetically appealing.
c. Green space may only include the following: lawns. mulch. decorative
plantings. non-prohibited exotic trees, walkways within the interior of
the green space area not used for shopping. fountains, manmade
watercourses (but not water retention areas), wooded areas, park
benches, site lighting, sculptures, gazebos, and any other similar items
that the planning services director deems appropriate.
d. Green space must include: walkways within the interior of the green
space area not used for shopping, a minimum of one foot of park
bench per 1,000 square feet of building area, and a minimum of one
tree or palm for each 250 square feet of green space area. The green
space area must use existing trees where possible and landscaping
credits will be allowed as governed by Table 4.06.04.0.
e. Benches may also be located in interior landscaped areas and 75
percent of benches may be located adjacent to the building
envelope along paths, walkways and within arcades or malls.
f. Green space shall be in addition to the building perimeter planting
area requirements and other landscaping requirements. Green space
may be used to meet the open space requirements set forth by
Section 4.02.01.B of the Collier County Land Development Code, and
must be labeled "Green Space" on all subdivision and site plans.
3-6
Agenda Item No, 88
July 26, 2005
Page 51 of 63
g. The interior landscape requirements of as required by 4.06.03 of the
Land Development Code for this CPUD shall be reduced to an amount
equal to five percent of the vehicular use area on site.
3. A minimum of ten (10) percent of the subject property shall be devoted to
native vegetation preserve area as described in Section 3.05.07 of the
Collier County Land Development Code.
I. Buffering Requirements:
1. A twenty-five (25) foot wide buffer shall be provided along both Golden
Gate Boulevard and Everglades Boulevard, with the landscaping as
required in the Golden Gate Area Master Plan and Section 4.06.01 of the
Collier County Land Development Code, which includes the following:
a. Two staggered rows of trees that shall be spaced no more than 30 feet
on center, and a double hedge at least 24 inches in height at time of
planting and attaining a minimum of three feet height within one year.
b. A minimum of 50% of the 25-foot wide buffer area shall be comprised
of a meandering bed or shrubs and ground covers other than grass.
c. Existing native trees must be retained within this 25-foot wide buffer
area to aid in achieving this buffer requirement; other existing native
vegetation shall be retained, where possible, to aid in achieving this
buffer requirement.
d. Water retention/detention areas shall be allowed in this buffer area if
left in natural state, and drainage conveyance through the buffer
area shall be allowed if necessary to reach an external outfall.
2. A seventy-five (75) foot wide buffer of retained native vegetation shall be
provided along the eastern and northern side property lines.
a. Twenty-five (25) feet of the width of the buffer along the developed
area shall be a landscape buffer.
b. A minimum of fifty (50) feet of the buffer width shall consist of retained
native vegetation and must be consistent with Section 3.05.07 of trle
Collier County Land Development Code.
c. The native vegetation retention area may consist of a perimeter berm
and be used for water management detention. Any newly
constructed berm shall be revegetated to meet Section 3.05.07 of the
Collier County Land Development Code. Any site clearing, grading, or
excavation will be in compliance with the vegetation removal permit
requirements of the LDC.
3-7
Agenda Item No. 88
July 26, 2005
Page 52 of 63
d. Native vegetation retention area(s) used for water management
purposes shall meet the following criteria:
(1) There shall be no adverse impacts to the native vegetation being
retained. The additional water directed to this area shall not
increase the annual hydro-period unless it is proven that such
would have no adverse impact to the existing vegetation.
(2) If the project requires permitting by the South Florida Water
Management District, the project shall provide a letter or official
document from the District indicating that the native vegetation
within the retention area will not have to be removed to comply
with water management requirements. If the District cannot or will
not supply such a letter, then the native vegetation retention area
shall not be used for water management.
(3) If the project is reviewed by Collier County, the County engineer
shall provide evidence that no removal of native vegetation is
necessary to facilitate the necessary storage of water in the
management area.
e. Native vegetation retention meals) shall not be used for parking.
3. Fences or walls may be constructed on the commercial side of the
required landscape buffer between adjacent commercial and residential
uses. If constructed, such fences or walls shall not exceed five (5) feet in
height. Walls shall be constructed of brick or stone. Fences shall be of
wood or concrete post or rail types, and shall be of open design (not
covered by slats, boards or wire).
J. Signs: Signs shall be permitted as described in Section 5.06.00 of the Collier
County Land Development Code.
K. Lighting: All lighting facilities shall be architecturally designed and shall be
limited to a height of twenty-five (25) feet. Such lighting facilities shall be
shielded from neighboring residential land uses.
3-8
Agenda Item No. 88
July 26,2005
Page 53 of 63
DEVELOPMENT STANDARDS
TABLE I
Minimum Lot Area:
Minimum Lot Width:
Minimum Setback
Front Yard:
Side Yard:
Rear Yard:
Preserve:
Minimum Distance Between Principal Structures:
Minimum Floor Area:
Maximum Height:
3-9
"".""-"""""""""i,,,~~",,,,,....;,,,,,",";,,,,,,,,",,,,;;,,*~,,,,,,;",;,,,,,,,,,~.,,,'<
10,000 SF
lOa'
25'
15'
15'
25' (principallIlO' (accessoryl
15'
700 SF
35' and 1 story
Agenda Item No. 88
July 26, 2005
Page 54 of 63
SECTION IV
PRESERVE AREA PLAN
4. 1. PURPOSE
The purpose of this Section is to identify specific development standards for the
Preserve Areas as shown on Exhibit "A", CPUD Master Plan. A minimum of ten (10)
percent of the existing 4.15 acres of native vegetation shall be devoted to
natural habitat preserve area as described in Section 3.05.07 of the Land
Development Code.
4. 2. PERMITTED USES
The CPUD Master Plan provides for 0.56 acres of upland preserve area, or 10% of
the existing native vegetation. Minor adjustments may be made to the
boundaries of preserve areas based on permitting considerations.
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following and subject to permitting:
A. Permitted Principal Uses and Structures
1. Passive recreational uses such as pervious nature trails or boardwalks are
allowed within the preserve areas, as long as any clearing required to
facilitate these uses does not impact the minimum required vegetation.
For the purpose of this section, passive recreational uses are those uses
that would allow limited access to the preserve in a manner that will not
cause any negative impacts to the preserve, such as pervious pathways,
benches and educational signs. Fences may be utilized outside of the
preserves to provide protection in the preserves in accordance with
Section 3.04.01.D.1.c of the Land Development Code. Fences and walls
are not permitted within the preserve area.
2. Native preserves.
3. Any other use deemed comparable in nature by the community
development services director.
B. Development Standards
1. Minimum Yard Requirements
a. Principal structures shall be required to have a minimum setback of
twenty-five (25) feet from preserve areas.
b. Accessory structures shall be required to have a minimum setback of
ten (10) feet from preserve areas.
4-1
Agenda Item No. 88
July 26, 2005
Page 55 of 63
SECTION V
DEVELOPMENT COMMITMENTS
5. 1. PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
5. 2. GENERAL
All facilities shall be constructed in strict accordance with Final Site Development
Plans, Final Subdivision Plans and all applicable State and local laws, codes, and
regulations applicable to this CPUD. Except where specifically noted or stated
otherwise, the standards and specifications of Chapter 4 of the Land
Development Code shall apply to this project even if the land within the CPUD is
not to be platted. The developer, his successor and assigns shall be responsible
for the commitments outlined in this document.
The developer, his successor or assignee shall follow the Master Plan and the
regulations of the CPUD 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 assignee in title any commitments within
this Agreement.
These developer commitments will be enforced through provisions agreed to
and included in the declaration of covenants and restrictions or similar recorded
instrument. Such provisions must be enforceable by lot owners against the
developer, it successors and assigns, regardless of turnover or not to any property
or homeowners' association.
5.3. SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION
A This CPUD is subject to the Sunset Provisions of Section 10.02.12 of the Land
Development Code.
B. An annual monitoring report shall be submitted pursuant to Section 10.02.12
of the Land Development Code.
C. 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.
5.4. ACCESSORY STRUCTURES
Accessory structures may be constructed simultaneously with, or following the
construction of the principal structure. A construction operation/management
5-1
Agenda Item No. 88
July 26, 2005
Page 56 of 63
office and leasing office may be constructed after zoning approval but before
construction of any principal structures.
5. 5. ENGINEERING
A. Except as otherwise provided within this CPUD Document, this Project shall be
required to meet all County Ordinances in effect at the time final
construction documents are submitted for development approval.
5. 6. ENVIRONMENTAL
A. All principal structures shall have a minimum setback of 25' from the
boundary of any preserve. Accessory structures and all other site alterations
shall have a minimum 1 a-foot setback.
B. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit rules and be subject to review and approval
by the Environmental Services Staff. Removal of exotic vegetation shall not
be counted towards mitigation for impacts to Collier County jurisdictional
wetlands.
C. All conservation areas shall be designated as conservation/preservation
tracts or easements on all construction plans and shall be recorded on the
plat with protective covenants per or similar to Section 704.06 of the Florida
Statutes. Setbacks shall be provided in accordance with Section 3.05.07 of
the Collier County Land Development Code.
D. A Preserve Area Management Plan shall be provided to Environmental
Services Staff for approval prior to site/construction plan approval. The
Preserve Management Plan shall identify methods to address treatment of
exotic species. fire management. and maintenance.
E. All Category I invasive exotic plants, as defined by the Florida Exotic Pest
Plant Council, shall be removed from within preserve areas and subsequent
annual removal of these plants, in perpetuity. shall be the responsibility of the
properly owner.
F. This CPUD shall be consistent with the Environmental section of the Collier
County Growth Management Plan Conservation and Coastal Management
Element and the Collier County Land Development code at the time of final
Development Order approval.
G. This CPUD shall comply with the guidelines and recommendations of the US
Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation
Commission (FWC) regarding potential impacts to protected species onsite.
A Habitat Management Plan for those protected species shall be submitted
to Environmental Services staff for review and approval prior to final Site
Plan/Construction Plan approval.
5-2
Agenda Item No. 88
July 26, 2005
Page 57 of 63
H. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted
prior to final Site Plan/ Construction Plan approval.
5. 7. PLANNING
A. Pursuant to Section 2.03.07.E of the Land Development Code, 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.
5.8. 5.8 ARCHITECTURAL
A. All buildings and projects within any single specific quadrant of the
Neighborhood Center Subdistrict shall utilize a common architectural theme.
This theme shall be applicable to both building design and signage.
B. All buildings shall have "Old Style Florida" metal roofs. The buildingsshalLbe
finished in light, subdued colors, except for decorative trim.
C. Pedestrian traffic shall be encouraged through the placement of sidewalks,
pedestrian walkways, and marked crosswalks within parking areas. Adjacent
projects shall coordinate placement of sidewalks so that a continuous
pathway through the Neighborhood Center is created.
D. Adjacent buildings within the Big Bear Plaza CPUD shall be connected with
walkways or courtyards.
E. Drive-through establishments shall be limited to banks, with no more than 3
lanes; the drive-through areas shall be architecturally integrated with the rest
of the building.
5.9. TRANSPORTATION
A. Access points shall be limited to one per 180 feet commencing from the right-
of-way of the major intersecting streets of the Neighborhood Center. A
maximum of three curb cuts shall be allowed.
B. Future right-of-way easement needs along Golden Gate Blvd and Everglades
Blvd shall be determined at the time of site development plan submittal.
Should additional right-of-way be necessary, the required landscape buffer
shall be complied with to the greatest extent possible.
C. Driveways accessing parcels on opposite sides of the roadway shall be in
direct alignment except when the roadway median between the two
parcels has no opening.
5-3
Agenda Item No. 88
July 26, 2005
Page 58 of 63
D. All traffic control devices, signs, pavement markings and design criteria shall
be in accordance with Florida Department of Transportation (FDOT) 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 Land Development code (LDC)
E. 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).
F. Access points, including both driveways and proposed streets, shown on the
CPUD Master Plan are considered to be conceptual. Nothing depicted on
any such Master Plan shall vest any right of access at any specific point along
any property frontage. All such access issues shall be approved or denied
during the review of required subsequent site plan or final plat submissions. All
such access shall be consistent with the Collier County Access Management
Policy (Res. 01-247), as it may be amended from time to time, and with the
Collier County Long-range Transportation Plan. The number of access points
constructed may be less than the number depicted on the Master Plan;
however, no additional access points shall be considered unless a CPUD
Amendment is to be processed.
G. Site-related improvements (as apposed to system-related improvements)
necessary for safe ingress and egress to this project. as determined 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.
H. Road impact fees shall be paid in accordance with Collier County
Ordinance 04-08, as amended, and Section 6.02.01 LDC, as it may be
amended.
I. All work within Collier County rights-of-way or public easements shall require a
Right-of-way Permit.
J. 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 CPUD 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.
K. Nothing in any development order shall vest a right of access in excess of a
right in/right 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,
5-4
Agenda Item No. 88
July 26, 2005
Page 59 of 63
be the basis for any future cause of action for damages against the County
by the developer, its successor in title, or assignee.
L. All internal roads, driveways, alleys, pathways, sidewalks and interconnections
to adjacent developments 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.
M. 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.
N. 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.
5. 10. UTILITIES
Since the project site is not presently serviced with centrally provided water and
sewer, the project shall utilize well and septic systems until central water and
sewer are available.
5.11. WATER MANAGEMENT
Surface water management for the project will be designed according to South
Florida Water Management District and Collier County design standards. The
system will attenuate the 25-year 3-day storm even as well as meet current water
quality treatment criteria. The project will provide water management within the
required preserve area.
5-5
DE
p~'(!q~ltq~
PUDZ-2004.AR.6631
PROJECT #2004090019
DATE: 10/15/04
MICHAEL DERUNTZ
Agenda Item No. 88
July 26, 2005
Pclge 60 of 63
BIG BEAR PLAZA
Trip Generation Report
Prepared For
. Norman and Joanne Taylor
465 1 West Blvd
Naples FL341 03
Richard and Carolyn Faust
6011 Westport Ln
Naples FL 34116
Prepared by
Davidson Engineering, IDe.
2154 Trade Center Way
Naples, Florida 34109
September 2004
~ . ~ .. "'- - ~ :....~ ... - ..,I :,r' --, .
...,-"'... - -'//...~~
Jeff L. David$on. P.E.
Davidson Engineering, Ino.
u __ H.-Registratlon No. 47161
Company Reg. No. 00009496
,..- -
OCT - 5 20
L, DaVidsOIi. P .E.
Agenda Item No. 88
July 26, 2005
Page 61 of 63
Introduction
Big Bear Plaza is a total S. 46 acres commercial use project located at the
northeast corner of the intersection of Golden Gate Boulevard and Everglades
Boulevard. The subject property is zoned Estates and is designated Estates-Mixed
Use on the CoUier County Future Land Use Map. It is proposed to be rezoned to a
commercial PUD for low intensity transitional commercial land uses, convenience
commercia1land uses and intermediate commercial land uses. The project is
within Section 5, Township 49 South, Range 28 East, and Collier County, Florida.
Existinc Conditions
The project site is in an undeveloped status.
Propoled ImprovementJ
A total 15,312 SF ofretaillcommercial buildings are proposed to be built at
project site, associated .with pavement, roadway, parking, stonn water
management area and utilities.
Trip Generation
Trip generation rates were per the Institute of Transportation Eogineers
publication, Trip Generation Sixth Edition. Various Land Use Categories and
their associated square footages used for the project are listed below.
A) Number of UDits (Le. dwellinC unitJ, square f~ etc.)
The total number ofunits for the Retail on this site is 15,312 SF.
B) Description of development and ITE category for trip generation.
This development is retail use building. The ITE category used for this trip
generation is Retail-Shopping Center (LUC 820).
Agenda Item No. 88
July 26, 2005
Page 62 of 63
Trip Generation
Calculated Traffic Eauation Enterin~ Exitinsz:
Weekend Daily Traffic = Ln(T)=O.643Ln(X)+5.866 1019(500.10) 1019(50%)
2038
AM Peak Hour Ln(T)=O.596Ln(X)+2.329 32(61%) 20(39%)
Traffic=52
PM Peak Hour Ln(T)=O.660Ln(X)+3.403 87(48%) 95(52%)
Traffic=182
Table 1
Shopping Center (LUC 820)
X = 15.3
PUI-by trips rate
Due to the nature of retaiVshopping center, the pass-by rates had been determined
as 60% by referencing Figure 5.5 from ITE trip generation handbook using the
formula: Ln(T)= -D.291 Ln (X) +5.001; where T is the pass-by rate(%) and X
represents the Gross Leasable Area (GLA) in 1,000 Sq.Feet
The total net added trips due to the project should be calculated as the formula
below:
Net added trips=Table 1.(1-0.60)
C) Total trip. geDeratecl for the Average ADDaaI naRy Trame (AADT)
and the AM and PM peak boon.
Total trips generated for the Average Annual Daily Traffic (AADT) and
the AM and PM peak hours are listed in the chart below.
Caleulated TratT'1C: Entering Exiting Total
AADT 408 408 816
AM Peak HoW' Traffic 13 8 21
PM Peak Hour Traffic 35 38 73
Table.1 Site Generation
T bl 3 T tal P M P k H N P b E
I p. T'
a e 0 . ea our on ass- JY sterna rojed riDS
LaDd VIe Calculated P....by EDteriDg ._ __ EDtlng Total P oM Pak Hoar
Total Rate NOD Pus-by External
TriDs Trios
Retail 182 60% 35 38 73
· P.M peak hour trips are calculated with 60% pass-by rate aDd 0.0% capture rate
Agenda Item No. 88
July 26, 2005
Page 63 of 63
Trip Distribution and Impacted Roadway SegmentJ
30% existing/entering trips win head west along Golden Gate Blvd;
200/0 entering/existing trips will head east along Golden Gate Blvd;
25% entering/existing trips will head north along Everglades Blvd;
25% entering/existing trips will head south along everglades Blvd.
Impacted roadway segments are listed in Table 4. Table 5 is the added AADT to
existing roadway segments.
Table 4 Impacted Seaments
Segment Roadway Direction Fromlto Peak. "Service %of
## Name Hour VollUlle Service
Projed Volume
Trios
I GoJden Gate EastlWest &stof 22 900 2.44%
Blvd Wilson
Blvd
2 Golden Gate EastlWest East of IS 900 1.67%
Blvd Everglades
Blvd
3 Everglades North/South North of 18 900 2.000A.
Blvd Golden
Gate Blvd
4 EvefBlades NortblSouth South of 18 900 2.00%
Blvd Golden
Gate Blvd
· Peak hour peak direction service volumes are derived from ARTPLAN.
a e d to IDaded oa wav ~eements
Segment Roadway Name Direction From/to Added
# AADT
I Golden Gate Blvd East/West East of Wilson Blvd 245
2 Golden Gate Blvd EastlWest East ofEveIg1ades 163
Blvd
3 EVCJgIades Blvd NortbfSouth North of Golden Gate 204
Blvd
4 Everglades Blvd North/South South of Golden Gate 204
Blvd
T bl SAd edAADT 1m
R d
s
CONCLUSION
Since the net added AADT is less than 1000 trips and the peak: hour trips is less
than 100, no further traffic impact study is needed for this project. This site
development project will have slight negative impact to the existing roadway.
Agenda Item No. 8e
July 26,2005
Page 1 of 120
.-
SUPPLEMENTAL
EXECUTIVE SUMMARY
POOZ-A-2004-AR-5998: Collier County Board of County Commissioners, represented by
Coastal Engineering Consultants, Inc., requesting a rezone from Planned Unit Development
(POO) to Community Facilities Planned Unit Development (CFPOO) for a project previously
known as the Bembridge PUD, to change the name to the Bembridge Emergency Service
Complex POO, amend the previously approved PUD document and Master Plan to show a
change in use from residential development and a church or a nuning home, to allow
development of community facilities to include an Emergency Management Operations Center,
other government facilities, and an existing Elementary School. The project consists of 39.82:t:
acres and is located on Santa Barbara Boulevard, north of Davis Boulevard, in Section 4,
Township 50 South, Range 26 East, Collier County, Florida.
PROJECT STATUS:
r"'
The Board of County Commissioners (BCe) originally heard this petition on May 24, 2005. The
Executive Summary that was prepared for that hearing has been included in the information provided for
this hearing.
At the May 24, 2005 hearing, the BCC voted to deny this petition. However, a discussion ensued among
the Board of County Commissioners and the County Attorney regarding how this petition could be re-
addressed. It was determined that a motion to reconsider the petition could be entertained at the June 14,
2005 meeting, and if the BCC voted at that time in the affirmative, then the petition could be re- heard by
the BeC at a date to be determined. On June 14, 2005, a motion was passed to reconsider this petition on
July 26, 2005. At that meeting, the Board also directed staff to provide more information about how
EMS Station #19 received Site Development Plan approval at this location.
SUPPLEMENTAL ANALYSIS:
The petitioner has not modified the PUD application or plans since the Board heard this petition on May
24, 2005; therefore, no additional staff analysis regarding the PUD amendment is warranted or needed.
However, as noted above, during the reconsideration hearing on June 14,2005, the BCC directed staff to
provide additional information regarding EMS Station 19 approvals. The EMS Station received Site
Development Plan Approval (SDP) on May 4, 2004, in Petition 2003-AR-4786. A Conditional Use
petition had been filed on April 24, 2003 but that petition was withdrawn based upon an August 12, 2003
letter provided by the petitioner's agent setting forth a synopsis of a meeting that took place on August 4,
2003 with the agent and several staff members (copy attached). At that meeting, it was agreed that the
Conditional Use petition was unnecessary to allow an Emergency Medical Station (EMS) at this site
because that use was determined to be an Essential Services use pursuant to the Land Development Code
in effect at that time. It is important to understand that LDC references to Essential Services has been
amended several times in the last few years. Therefore, a review of current regulations could beinterpreted differently. As noted in the August 12, 2005 letter, it was determined that the Emergency
Operations Center would require an amendment to the PUD however.
PREPARED BY:
Kay Deselem, AICP, Principal Planner
Department of Zoning & Land Development Review
,,--
Bembrtdge PUD. PUDZ-2004-AR-5998
BCC July 26, 2005
Page1of1
Item Number
Item Summary
Meeting Olto
Agenda Item No. Be
July 26. 2005
Page 2 of 120
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Be
ThiS Item to be heard at 3:00 p.m. This item requires that all participants be swom Hl and
ex parte disclosure be provided by Commission members. PUDZ.A-200~-AR-5998: collier
County Board of County Commis.sioners, represented by Coaslal Engineering Consultants
Inc, requesting a rezone from Planned Unit Development {PUD) to Community Facilities
Planned Unit Development (CFPlJD) for a project previously known as the Bembridge
pun, to change toe ~ame to the Bembrldge Emergency Serw::e Complex PUD, amend lhe
previously approvel1 PUO document and Master Plan 10 show a change in use from
residentia.l development and a church or a nursing home. to allow development of
communily facililies 10 mclude an Emergency Managemenl Operatlons Center, olher
gOl/ernmenl facilities, and an eXIsting Elementary School. The project consists o139.82t
acres and is localed on Santa Barbara Bt:lulevard, north of Oal/is Boulevard, in Section 4,
Township 50 South, Range 26 East, Collier County, FIDrida
7/26/20059:00:00 AM
Prepared By
Pril'lcipal Plan"f1f
1J7/2005 4:22:44 PM
Kav Des;elom, Alep
Communit}/ DevelopnJent &
Environmental Services
D.te
Zoning &- land Development Review
Sandra lea
Executive SeGfl!ltory
Date
Approved By
Community Development &
Environmental Se-rViCll.'!.
Community Oev~lopmtlont &
Environmentol Sorvicp.u AdrnlrL
7/7/20054:3' PM
Norm E. Feder, AICP
Transportation Division Administrator
Date
Approved By
Transportation Services
Transportation Services Admin.
7/81200511:18 AM
Canstillhcfl fJ,.. Johnson
Datt!
Approved By
CommunJty ~velopment &
EnvirDnmental Services
Opftration!$. AmalY!$t
Community Development &
Elwironmental Selvices Admin.
11111200512:27 PM
Approved By
Chicl Planntlf
Oat!!'
Ray Bellows
Community Oevelopnlcnt &
El'wimnment."l1 Servic'~1
Zoning & Land Development Review
7111/20051:02 PM
Approved By
Zoning & Land Development Director
Oat.
Susan Murray. AICP
Comlnunity Development &
Environmentlll Servkes
Zoning &. L.and OCf~C'lopment Review
7111120053:&2 PM
Approved By
Date
Joseph K, Schmitt
CommunJty Development &
Environmental SeIVtces
Community Developntent &
En"jranlnentill SnlviclHI Admintotrator
Community Development &
Envirollmental ServiceS' Admin.
7/13/200512:&4 PM
OMS Coordinator
Administrativ~ AUl9tant
Date
Approved By
County Matli.gl!r'S Otfi.~lt
Onic.t~.,r Management & Budnet
7!13/7005 1:40 PM
Mark Isackson
Budget AnlllYlit
Dne
Approved By
county Manager's OfficE'
OffiC4t of Managtloment & Blldget
7/13/20054:43 PM
Michucl Smykow!>ki
M8tUI~I.!rru~llt &. Budget Dire(:tot
O.te
Approved By
County Manager'~ Otfic@
Offir:@ of ManBgement & Budget
7/13/20055:'9 PM
JamtlS V. Mudd
County Manager
Date-
Approved By
Board of County
Commissioners
County Manager's Office
111"'t2005 3:45 PM
Agenda Item No. Be
July 26, 2005
Page 3 of 120
EXECUTIVE SUMMARy
POOZ-A-2004-AR-5998: Collier County Board of County Commissioners, represented
by Vincent A. Cautero, AICP, of Coastal Engineering Consultants, Inc., requesting a
rezone from Planned Unit Development (POO) to Community Facilities Planned Unit
Development (CFPOO) for a project previously known as the Bembridge PUD, to
change the name to the Bembridge Emergency Service Complex POO, amend the
previously approved PUD document and Master Plan to show a change in use from
residential development and a church or a nursing home, to allow development of
community facilities to include an Emergency Management Operations Center, other
government facilities, and an existing Elementary School. The project consists of
39.82::i: acres and is located on Santa Barbara Boulevard, north of Davis Boulevard, in
Section 4, Township 50 South, Range 26 East, Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCC) consider an application to amend the PUD
as noted below 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.
CONSIDERATIONS:
The petitioner wishes to rezone the Bembridge Planned Unit Development (PUD), consisting of
39.59:1: acres from PUD to Community Facilities Planned Unit Development (CFPUD) for a
project previously known as the Bembridge PUD, to change the name to the Bembridge
Emergency Service Complex PUD; to amend the previously approved PUD document and
Master Plan to show a change in use from residential development and a church or a nursing
home; and to aIJow development of community facilities to include an Emergency Management
Operations Center (EOC), other government facilities, and an existing Elementary School
(Calusa Park).
The subject site currently is developed with the Calusa Park Elementary School in the most
easterly portion, or rear, of the site, and a water retention pond in the middle of the site. The
front portion of the site, along Santa Barbara Boulevard, is undeveloped except for the
Emergency Medical Station # 19, which has already received county development (SDP-2003-
AR-4786) approval and is under construction. Access is currently gained from one access point
on Santa Barbara Boulevard.
The original PUD document indicated the project would have been developed as a residential
project with a maximum of 239 dweIJing units, and a nursing home or a church. This project
will not be developed with anything similar to that, thus the PUD document is a total rewrite of
the previous PUD document. The school site and the water management areas encompass a
large portion of the subject property, thus reducing the viability of the originally approved
development scenario. It was determined that a strike thru and underline version of the PUD
document would not be appropriate because the PUD document is being completely changed.
The current PUD document and Master Plan propose a multi-use community facilities project
BEMBRIDGE PUD, PUDZ-A-2004-AR-5998
EXECUTIVE SUMMARY
Page 1 of 5
Agenda Item No. 8e
July 26, 2005
Page 4 of 120
within three Tracts: A, B, and C. The existing school use has been included in the PUD and is
shown on the Master Plan in Tract C, with allowance for expansion of that facility. Tract B is
shown as a water management area. Tract A is shown on the Master Plan to be developed with
two structures which are to accommodate various County government public safety offices, such
as the County's Emergency Management Operations facility, and an approved emergency
medical services facility. Other government uses are proposed for Tract A, as shown in Section
3.3 of the PUD document. A 175-foot-high communication tower (at the Collier County
Planning Commission (CCPe) hearing this tower was proposed to be 200 feet high) is to be
located in Tract A. The PUD document indicates that principal structures may be constructed to
a maximum height of 72 feet (at the CCPC hearing the petitioner proposed a maximum height of
100 feet); and accessory structures excluding the communication tower, may be constructed to
50 feet.
According to the Traffic Impact Statement (TIS) submitted as part of the application, the project
proposes access from two full median openings on Santa Barbara Boulevard. One access point is
along the existing Calusa Park Elementary School driveway. The other access point is proposed
at the existing median cut on Santa Barbara Boulevard. Approval of the number, location and
final design (full or partial median opening, right-in/right out) of access points will be
determined at the development order stage, not the rezoning stage.
Since the CCPC hearing on February 3, 2005, the petitioner has made revisions to the petition
documents and addressed the concerns raised by the CCPC as noted in the April 21, 2005 letter
from Harvard Jolly, the petitioner's architect (copy attached). As previously noted, the proposed
heights of the communication tower and the EOC structure have been reduced. Additionally, the
petitioner has reduced the list of deviations from an original total of eight that were sought when
this petition was heard by the CCPC, to only seek approval of three deviations. The original
letter designations for the deviations have been retained to avoid confusion regarding CCPC
discussions about specific deviations. The remaining deviations are listed below, followed by
staff's recommendation. The petitioner's List of Deviations with the rationale has been included
in the attachments.
Deviation B seeks relief from LDC Section 5.05.08.C.2.c.i of the LDC (amendments to this
section of the LDC were adopted on November 10, 2004 by Ordinance Number 2004-72) which
requires a 30 percent minimum window area for building facades facing collector and arterial
roadways, to allow a 10 percent window area for the fac;ade facing Santa Barbara Boulevard.
Staff recommendation: The petitioner states that this deviation is justified because the principal
structure needs to be fully operational during the most intense storm events. In addition, larger
amounts of glass may be less than desirable for the safety of the building's occupants during
those storm events. In the interest of increased safety, staff recommends approval of this
deviation, subject to the stipulation that the deviation is only valid if the end user is the
Emergency Operations Facility. All other uses must comply with the 30 percent requirement.
Deviation D seeks relief from Subsection 4.06.02.C.I of the LDC, which requires a 10 foot wide
Type A landscape buffer along the east boundary of ESC parking lot (school retention pond) to
allow a 3 foot wide buffer.
BEMBRIDGE PUD, PUDZ-A-2004-AR-5998
EXECUTIVE SUMMARY
Page 2 of 5
. ,._.._----^--"..._-'----~'~,._.,~~.,.~._._._'-
Agenda Item No. Be
July 26, 2005
Page 5 of 120
Staff recommendation: The petitioner's justification indicates compliance with lake maintenance
easement requirements would leave only a 3-foot-wide area for a buffer. A 3-foot wide area
does not provide enough room to plant shade trees without creating the potential for future
problem with root damage to adjacent parking lot paving, however staff notes that Sabal palms
could be planted within 5 feet of the parking lot. Those palm trees should not damage the
pavement, and would encroach into the easement only 2 feet. A minimal encroachment such as
this should not hinder lake maintenance activities. If however, a conflict occurs, the petitioner
has included a caveat recommended by county water management staff, that would require any
landscaping that is removed as a resuh of maintenance of the lake to be replaced at the expense
of the property owner. Additionally, the petitioner has agreed to increase the buffer width to 40
feet along Santa Barbara Boulevard as an offset. Staff supports this deviation request subject to
the stipulation that the deviation is only valid if the end user is the Emergency Operations
Facility. All other uses must comply with the LDC buffering requirements.
Deviation F seeks relief from Subsection 5.06.06.C.l of the LDC - Signs, which limits the
number of signs to one pole or ground sign, to allow Calusa Park Elementary School to have two
entry signs, one of which will be a marquee sign.
Staff recommendation: A ground sign currently exists that identifies the school, however, it is
customary in Collier County for various entities to donate a marquee sign to each school.
Approval of this deviation would allow Calusa Park Elementary School to retain their existing
sign and have the marquee sign to transmit announcements about school activities. Staff
recommends approval of this deviation for the school site only. All other uses must comply with
the LDC requirements.
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 PUD is amended, a portion of the existing land will be developed and the new
development will result in an impact on Collier County public facilities, except that the uses
proposed and the Community Facilities PUD proposed would allow public facilities uses rather
than create an impact upon public facilities.
The County collects impact fees prior to the issuance of building 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 Level Of Service (LOS) for public facilities. Additionally, in order to
meet the requirements of concurrency management, the developer of every local development
order approved by Collier County is required to pay 50 percent of the estimated Transportation
Impact Fees associated with the project. Other fees collected prior to issuance of a building
permit include building permit review fees and utility fees associated with connecting to the
County's water and sewer system. Finally, additional revenue is generated by applying ad
valorem tax rates to applicable properties, and that revenue is directly related to the value of
improvements.
BEMBRIDGE PUD, PUDZ-A-2004-AR-5998
EXECUTIVE SUMMARY
Page 3 of 5
Agenda Item No. 8e
July 26,2005
Page 6 of 120
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 IMP ACT:
The subject property is located within the Urban (Urban Mixed-Use District, Urban Residential
Subdistrict), and is within a residential density band, as identified on the Future Land Use Map
(FLUM) of the Growth Management Plan (GMP). Relevant to this petition, the urban
designation permits non-residential uses including recreation and open space uses, a variety of
community facility uses, and essential services. Comprehensive Planning staff recommends that
the uses proposed in the PUD be deemed consistent with the FLUM designation.
Future Land Use Element (FLUE) Policy 5.4 requires new land uses to be compatible with, and
complementary to, the surrounding land uses. Department of Zoning and Land Development
Review staff believes that the PUD document contains appropriate limitations to ensure that this
project will be compatible with the existing development in the neighborhood, and therefore
recommends that the petition be deemed consistent with that FLUE policy.
ENVIRONMENTAL ISSUES:
Environmental Services staff has reviewed the petition and the PUD document to address any
environmental concerns, but there are no environmental concerns because the site has been
cleared.
ENVIRONMENT AI. ADVISORY COUNCIL iliAC) ISSUES:
The Environmental Advisory Council (EAC) did not hear this petition because the site is cleared.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission (CCPe) heard this petition on February 3, 2005, and
by a vote of 8 to 1 recommended to forward this petition to the Board of County Commissioners
(BCC) with a recommendation of denial. Commissioner Schiffer was the dissenting vote.
Because the CCPC recommended denial and persons spoke and provided correspondence in
opposition to the request, this petition cannot be placed on the Summary Agenda. The CCPC
noted the following areas of concern:
1. The petitioner did not have anyone present at the CCPC hearing to respond to
questions about the land search and why this site is the only site for this use; and
2. The petitioner did not make adequate attempts to work with the residents of
Countryside to address their concerns; and
3. The petitioner did not provide scale line-of-sight drawings; and
4. The petitioner did not provide an evaluation or show the communication tower on the
renderings; and
5. The petitioner is seeking deviations on the site due to self-induced EMS site design
constraints; and
6. The petitioner did not make adequate attempts to meet with the neighboring church to
address their access issue.
BEMBRIDGE PUD, PUDZ-A-2004-AR-5998
EXECUTIVE SUMMARY
Page 4 of 5
Agenda Item No. Be
July 26, 2005
Page 7 of 120
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
determination by the Board of County Commissioners (BCC) must be based. The legal
considerations are based upon the listed criteria in Chapter 10.03.05 and Chapter 10.02.12 of the
LDC. These evaluations are completed as separate documents that were incorporated into the
staff report. A SUIDmaIy of the legal considerations and findings recommended bv staff are noted
below:
· The proposed change has been deemed consistent with the goals, objectives, and policies
and Future Land Use Map and the applicable elements of the GMP.
· The proposed land uses are compatible with the existing land use pattern.
· The proposed change will not create or excessively increase traffic congestion or create
types of traffic deemed incompatible with SWTOunding 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. This project has also been
deemed consistent with Policy 5.1 and 5.2 of the Traffic Element of the GMP.
The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private, shall be provided.
The Planning Commission, with its recommendation of denial made different legal
considerations and findings, as noted below:
· The proposed change has been deemed inconsistent with Policy 5.4 because the uses and
height proposed in this amendment are not compatible with the neighborhood; therefore
the petition is inconsistent with the GMP.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve Petition PUDZ-A-2004-
AR-5998, which repeals Ordinance Number 98-86, and adopts the revised Bembridge PUD
Ordinance and PUD document attached hereto, noting that, in staffs opinion, the request is
consistent with the GMP Future Land Use Element designation; and as further limited in the
revised PUD document, the revised Master Plan, and the revised list of deviations, the uses
allowed by this amendment will be consistent with Policy 5.4, that requires new development to
be compatible with the surrounding uses.
PREPARED BY:
Kay Deselem, AICP, Principal Planner
Department of Zoning & Land Development Review
BEMBRIDGE PUD, PUDZ-A-2004-AR-5998
EXECUTIVE SUMMARY
Page 50f5
Agenda Item No. 8e
July 26, 2005
Page 8 of 120
eo'tflr County
- ~~. --
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
CoMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION
HEARING DATE: FEBRUARY 3, 2005
SUBJECT:
PETITION PUDZ-A-2004-AR-5998: BEMBRIDGE EMERGENCY SERVICE
COMPLEX (ESe) COMMUNITY FACILITIES PUD
APPLICANT:
Mr. Skip Camp, Director
Facilities Management Department
Collier County Board of County Commissioners
3301 Tamiami Trail, East
Naples, FL 34112
AGENT:
Mr. Vincent A. Cautero, AICP
Coastal Engineering Consultants, Inc.
3106 South Horseshoe Drive
Naples, FL 34104
REOUESTED ACTION: The petitioner wishes to rezone the Bembridge Planned Unit
Development (PUD), consisting of 39.59:1: acres from PUD to CommlUlity Facilities Planned
Unit Development (CFPUD) for a project previously known as the Bembridge PUD, to change
the name to the Bembridge Emergency Service Complex PUD; to amend the previously
approved PUD document and Master Plan to show a change in use from residential development
and a church or a nursing home; and to allow development of community facilities to include an
Emergency Management Operations Center, other government facilities, and an existing
Elementary School (Calusa Park).
GEOGRAPIDC LOCATION: The project is located at 4590 and 4600 Santa Barbara
Boulevard, in Section 4, Township 50 South, Range 26 East, Collier County, Florida. (see
location map on the fo llowing page)
PURPOSEIDESCRIPTION OF PROJECT: The subject site currently is developed with the
Calusa Park Elementary School in the most easterly portion, or rear, of the site, and a water
retention pond in the middle of the site. The front portion of the site, along Santa Barbara
Boulevard, has been cleared but is undeveloped. Access is currently gained from one access
point on Santa Barbara Boulevard.
G:\Current\Deselem\PUD Rezon8s\Bembrldge EOC PUD, PUDZ-A-2004-AR-5998\STAFF REPORT 3.doc
Page1d8
Agenda Item No. 8e
July 26, 2005
Page 9 of 120
The original PUD document indicated the project would have been developed as a residential
project with a maximum of 239 dwelling units, and a nursing home or a church. This project
will not be developed with anything similar to that, thus the PUD document is a total rewrite of
the previous PUD document. It was determined that a strike thru and underline version of the
PUD document would not be appropriate because the PUD document is being drastically
changed.
The current PUD document and Master Plan propose a multi-use community facilities project
within three Tracts: A, B, and C. The existing school use has been included in the PUD and is
shown on the Master Plan in Tract C, with allowance for expansion of that facility. Tract B is
shown as a water management area. Tract A is shown on the Master Plan to be developed with
two structures which are to accommodate various County government public safety offices, such
as the County's Emergency Management Operations facility, and an emergency medical services
facility. Other government uses are proposed for Tract A, as shown in Section 3.3 of the PUD
document. A 200-foot-high communication tower is to be located in Tract A. The PUD
document indicates that principal structures may be constructed to a maximum height of 100
feet; and accessory structures excluding the communication tower, may be constructed to 50 feet.
According to the TIS submitted as part of the application, the project proposes access from two
full median openings on Santa Barbara Boulevard. One access point is along the existing Calusa
Park Elementary School driveway. The other access point is proposed at the existing median cut
on Santa Barbara Boulevard. Approval of the number, location and final design (full or partial
median opening, right-in/right out) of access points will be determined at the development order
stage, not the rezoning stage.
SURROUNDING LAND USE AND ZONING:
North: Santa Barbara Landings, a developed multi-family project currently zoned RMF-6, but
proposed for rezoning in PUDZ-2003-AR-4493 to add 52 affordable housing units to the
248 existing dwelling units for a total of 300 dwelling units, and Plantation PUD, a built-
out, 84::l:-acre, residential project, developed at 5 units per acre
East: Wildwood Estates PUD, a 60:l:-acre partially developed residential project, approved at a
density of 12 units per acre
South: Shoppes at Santa Barbara PUD, developed with a 7-11 at the intersection, otherwise,
undeveloped 18:!:-acre PUD; and PUD, the Neapolitan PUD, which is undeveloped, and
the New Hope Ministries Church, currently zoned Agricultural with a Conditional Use to
allow the church (The Neapolitan PUD and the Agricultural church parcel comprise the
subject property in a pending PUD rezone request-PUDZ-2003-AR-3601)
West: Santa Barbara Boulevard, then golf course, lakes, and a developed multi-family portion
of Countryside at Berkshire Lakes, zoned PUD (part of the Berkshire Lakes DRI/PUD)
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Page 2 of 8
Agenda Item No. 8e
July 26, 2005
Page 10 of 120
Aerial
GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element: The subject property is located within the Urban (Urban Mixed-
Use District, Urban Residential Subdistrict), and is within a residential density band, as
identified on the Future Land Use Map (FLUE) of the Growth Management Plan (GMP).
Relevant to this petition, the urban designation permits non-residential uses including recreation
and open space uses, a variety of community facility uses, and essential services.
Comprehensive Planning staff recommends that the uses proposed in the PUD be deemed
consistent with the FLUE designation.
FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the
surrolUlding land uses. Department of Zoning and Land Development Review staff believes that
the PUD document contains appropriate limitations to ensure that this project will be compatible
with the existing development in the neighborhood, and therefore recommends that the petition
be deemed consistent with that FLUE policy.
Transportation Element: Transportation staff has determined that this petition is consistent
with the GMP Transportation Element Policies 5.1 and 5.2 because there are no roadways that
are projected to operate below the adopted level of service standard with the proposed
improvements, therefore the project will not have an adverse impact on any roadway.
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria upon which
a favorable determination must be based. These criteria are specifically noted in Sections
10.02.13 and 10.02.13.B.5 of the Land Development Code and required staff evaluation and
comment. The staff evaluation establishes a factual basis to support the recommendations of
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Agenda Item No. Be
July 26, 2005
Page 11 of 120
staff. The Collier County Planning Commission (CCPC) uses these same criteria as the basis for
their recommendation to the Board of County Commissioners (BCC), who in turn, use the
criteria to support their action on the rezoning request. These evaluations are completed as
separate documents and are attached to the staff report (See ExhIbit "A" and Exhibit "B").
Environmental Analysis: Environmental Services staff has reviewed the petition and the PUD
document to address any environmental concerns. Environmental issues have been adequately
addressed in the PUD document.
Transportation Review: Transportation Division staff has reviewed the petition and the PUD
document that accompanies the request. The applicant has incorporated Transportation staffs
revisions within the PUD document.
Utility Review: The Utilities Division staff has reviewed the petition and the PUD document
and has stated that approval of this petition is subject to application for, and conditions
associated with a "Water and Sewer Availability Letter" from the Collier County Utilities
Division. The Utilities Division notes that a 16-inch water transmission line and a 20-inch sewer
force main exist along Santa Barbara Boulevard.
Zoning Review:
Relationship to Existing and Future Land Uses:
A discussion of this relationship, as it applies specifically to Collier County's legal basis for land
use planning, refers to the relationship of the uses that would be permitted if the proposed zoning
action is approved and to the requirement or limitations set forth in the Future Land Use Element
(FLUE) of the Growth Management Plan (GMP). The proposed uses, as limited in the PUD
document, are consistent with the GMP, and should be compatible with the land uses that have
been developed on adjacent tracts. As discerned from the aerial photograph, the surrounding
zoning discussion and the Master Plan, the site will be separated from other development by the
buffers required by the LDC along the north, south, and east boundaries, and Santa Barbara
Boulevard separates this project from the residential uses within Countryside at Berkshire Lakes.
The petitioner is seeking deviations from the buffering requirements, but staff believes the site
design for the ESC, coupled with the separation distance provided by the existing school's
entrance along the north boundary, the existing school's location along the western boundary,
and the proposed 6-laning of Santa Barbara Boulevard make approval of the deviations
appropriate, because there appears to be ample separation distance from the proposed buildings
to any surrounding residential structure, thus somewhat negating the effect any buffering would
provide anyway.
The PUD document for this project proposes a maximum building height of 100 feet for
principal structures which, in accordance with the commitments staff believes were made by the
petitioner' agents at the Neighborhood Infonnation Meeting (NIM), would be further limited to a
maximum of 5 stories (See NIM discussion later in this staff report.). Staff believes a 100-foot
tall structure in the project's current design would be appropriate given the separation distances
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Agenda Item No. Be
July 26, 2005
Page 12 of 120
to the residential uses.
Deviation Discussion:
The petitioner is seeking several deviations and has included the deviations in the PUD
document in Section 4.13. The petitioner has provided justification in support of the deviations,
which has been included in the application package. Staff has analyzed the deviations in
compliance with LDC Sections (LDC Sections 10.02. 13.A.2.v. and 10.02.13.B.5.h.) and
provides the analyses and recommendations below.
Deviation A seeks relief from LDC Section 5.03.02 which limits the height of a fence to a
maximum of 4 feet, to allow a maximum of an 8-foot high fence to be erected along the
Emergency Services Complex boundaries. The justification provided by the petitioner for this
deviation states, "we request that the security fence at the perimeter of the property line
containing the Emergency Services Complex be 8 foot high. We propose building a landscaped
berm, similar to that at gated communities, in the right-of-way adjacent to Santa Barbara Blvd."
This language is ambiguous. Staff would be unable to determine compliance, because gated
community entrances do not meet any certain standard; the designs are subjective. Buffers are
not normally placed within the right-of-way, which is the location proposed in the petitioner's
justification. The petitioner has not stated what materials are proposed; staff believes it
appropriate to prohibit barbed wire materials because barbed wire would not be complementary
to the residential character of the neighborhood. Staff therefore proposes the following language
to clarify the augmented berm requirement offered by the petitioner, and to prohibit the fence or
berm's location within the right-of-way, and prohibit barbed wire. With the limitations below,
staff recommends approval of the deviation.
The developer must provide a two to three foot high undulating berm within a 20-foot
wide type B buffer augmented with ground covers, other than grass, in the amount of
25 percent of the landscape buffer area along the entire frontage of Santa Barbara
Boulevard. The buffer must be provided along the street side of the fence. Barbed wire
fencing material is prohibited. The berm and fence must be provided entirely on the
subject property. No improvements can occur within the road rights-of-way.
Deviation B seeks relief from LDC Section 5.05.08.C.2.c.i of the LDC (amendments to this
section of the LDC were adopted on November 10, 2004 by Ordinance Number 2004-72) which
requires a 30 percent minimum window area for building facades facing collector and arterial
roadways, to allow 10 percent window area for the fayade facing Santa Barbara Boulevard. The
petitioner states that this deviation is justified because the principal structure needs to be fully
operational during the most intense storm events. Larger amounts of glass may be less than
desirable for the safety of the building's occupants during those storm events. For comparison,
industrial buildings are allowed to have a minimum of 10 percent window area, so there is a
standard for that amount within the LDC. In the interest of increased safety, staff recommends
approval of this deviation, subject to the stipulation that the deviation is only valid if the end user
is the Emergency Operations Facility. All other uses must comply with the 30 percent
requirement.
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Agenda Item No. Be
July 26, 2005
Page 13 of 120
Deviation C seeks relief from Subsection 4.06.02.C.1ofthe LDC, which requires a 10-foot wide
Type B landscape buffer along the north boundary of Emergency Services Complex (ESe)
parking lot, to allow a buffer that is an average of 7 feet wide to be placed along the north
boundary. The petitioner's agent states that with the current development proposal, the proposed
7-foot-wide (average) buffer is the maximum size buffer that can be accommodated in this area
between the edge of pavement and the tract boundary. The average width is just over 7 feet
wide. The developer has agreed to plant a single row of shade trees and a double staggered row
of shrubs to create an adequate buffer along the school's internal access road without adding to
the off-tract maintenance requirements by expanding the buffer north of the tract boundary.
Staff supports this deviation request subject to the stipulation that the deviation is only valid if
the end user is the Emergency Operations Facility. All other uses must comply with the LDC
buffering requirements.
Deviation D seeks relief from Subsection 4.06.02.C.l of the LDC, which requires a 10 foot wide
Type B landscape buffer along the east boundary of ESC parking lot to allow a 3-foot wide
buffer that will consist of a single row hedge. The petitioner's agent states compliance with lake
maintenance easement requirements leaves only a 3-foot-wide area for a buffer. A 3-foot wide
area does not provide enough room to plant shade trees without creating the potential for future
problem with root damage to paving, however staff notes that Sabal palms could be planted
within 5 feet of the parking lot. Those palm trees should not damage the pavement, and would
encroach into the easement only 2 feet. A minimal encroachment such as this should not hinder
lake maintenance activities. If however, a conflict occurs, the petitioner has included a caveat
recommended by county water management staff, that would require any landscaping that is
removed as a result of maintenance of the lake to be replaced at the expense of the property
owner. Staff supports this deviation request subject to the stipulation that the deviation is only
valid if the end user is the Emergency Operations Facility. All other uses must comply with the
LDC buffering requirements.
Deviation E seeks relief from Subsection 4.06.02.C. 1 of the LDC, which requires a 20-foot wide
buffer along the entire western property boundary, to allow a 10-foot wide type B buffer at the
project's proposed southwestern entrance to make allowance for an existing easement. The
petitioner states there is not sufficient room for a full 20-foot wide buffer between the edge of
pavement and west tract boundary. The PUD states that a buffer with a single row of shade trees
and a double staggered row hedge will be provided and trees and shrubs will be provided on a
berm located between parallel drainage swales. Staff supports this deviation request subject to
the stipulation that the deviation is only valid if the end user is the Emergency Operations
Facility. All other uses must comply with the LDC buffering requirements.
Deviation F seeks relief from LDC Section 5.06.06.C.1. which allows one pole or ground sign
for the school site, to allow the school to have two signs, one ground sign and one marquee sign.
A ground sign currently exists that identifies the school, however, it is customary in Collier
County for various entities to donate a marquee sign to each school. Approval of this deviation
would allow Calusa Park Elementary School to retain their existing sign and have the marquee
sign to cany announcements about school activities. Staff recommends approval of this
deviation for the school site only. All other uses must comply with the LDC requirements.
G:\Current\Deselem\PUD Rezones\Bembrldge EOC PUD, PUDZ-A-2004-AR-5998\STAFF REPORT 3.doc
Page 6 dB
Agenda Item No. Be
July 26, 2005
Page 14 of 120
Deviation G seeks relief from LDC Section 5.05.C.3.iii.a. (amendments to this section of the
LDC were adopted on November 10, 2004 by Ordinance Number 2004-72) the architectural
massing requirements, which requires buildings over 40,000 square foot to provide a minimum
10-foot projection and recess depth, to allow a minimum projection depth of 3 feet. The 3-foot
requirement is the previously acceptable standard. The petitioner's agent has noted that the plans
for the facility were prepared using the standards in effect at the time, and those plans are nearly
complete. Staff supports this deviation request subject to the stipulation that the deviation is
only valid if the end user is the Emergency Operations Facility. All other uses must comply with
the LDC massing requirements.
NEIGHBORHOOD INFORMATION MEETING:
The petitioner's agents held the Neighborhood Information Meeting on August 10,2004 at 5:30
P.M. at Collier County Domestic Animal Services facility conference room on Davis Boulevard.
The meeting was attended by approximately fifteen individuals, including agents for the
applicant and county staff. Of those persons who spoke, most expressed no opposition to the
proposed rezone and proposed emergency operations center. However, a person who identified
himself as a Countryside Homeowners Association spokesman stated opposition to the proposed
facility. The following statements were made by the applicant's agent, Mr. Vincent Cautero of
Coastal Engineering Consultants, Inc:
. Emergency Services Complex to consist of two buildings
. The Emergency Services Complex main building will be a maximum of 117,000 to120,000
square feet [clarified by agent-there will also will be a 5,000 square foot EMS facility]
. Access from Santa Barbara Boulevard
. Maximum building height for the ESC will be four stories [The agent responded to staffs
summation in a September 2, 2004 letter, offering a clarification to the building height. The agent
noted in the letter that the petitioner is actually seeking a maximum height of 5 stories; staff notes
the petitioner's architect was describing the ESC building which was proposed to be a maximum
of four stories high; which should not have been construed as an overall project maximum
building height.]
. 200- foot tall communications tower
. Setbacks (from residential neighbors) 50 feet or Y2 the height of building, whichever is greater
. No outside training
. No heliport
. One ambulance initially (Additional units may be added later)
(Synopsis of the NIM provided by Linda Bedtelyon, Community Planning Coordinator)
STAFF RECOMMENDATION:
Zoning & Land Development Review staff recommends that the Collier County Planning
Commission forward Petition PUDZ-2004-AR-5998 to the Board of County Commissioners
with a recommendation that this petition be deemed consistent with the GMP, and further that
the rezoning request from the Rural Agricultural zoning district to CFPUD be approved, with the
limitations contained in the PUD document.
G:\CUlT8nt\DeselemIPUD Rezones\Bembrldge EOC PUD, PUDZ-A-2004-AR-5998\STAFF REPORT 3.doc
Page 7 of 8
Agenda Item No. Be
July 26, 2005
Page 15 of 120
PREPARED BY:
KAY DESELEM, AICP, PRINCIPAL PLANNER
DEPARlMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
REVIEWED BY:
RAYMOND V. BELLOWS, MANAGER
DEPARlMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
SUSAN MURRAY, AICP, DIRECTOR
DEPARlMENT OF ZONING AND LAND DEVELOPMENT REVIEW
DATE
APPROVED BY:
JOSEPHK. SCHMITT ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION
Tentatively scheduled for the March 8, 2005 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
RUSSELL A. BUDD, CHAIRMAN
DATE
Exhibits:
A Rezone Findings
B. PUD Findings
G:\Current\DeselemIPUD Rezones\Bembridge EOC PUD, PUDZ-A-2004-AR-5998\STAFF REPORT 3.doc
Page 8 of 8
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FINDINGS FOR PUD
PlnD~2004-AUR-S998
Agenda Item No. Be
July 26, 2005
Page 17 of 120
Section 10.02.13.B.5 of the LDC of the Collier County Land Development Code requires the Planning
Commission to make a finding as to the PUD Master Plans' 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.
The subject site is partially developed with an elementary school and a water management
lake. The remainder of the site has been cleared but is undeveloped. The site is located
where it has access to Santa Barbara Boulevard near its intersection with Davis Boulevard
The petitioner has agreed to connect to county utility service, and the drainage will be
provided in compliance with all applicable codes.
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 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.
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 (GMP).
The subject petition has been found consistent with the goals, objectives and policies of the
GMP, as provided for in the Ordinance. Please see the staff report for a more detailed
discussion.
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.
Staff analysis indicates that this petition is compatible, both internally and externally, with
the proposed uses and with the existing surrounding uses.
S. The adequacy of usable open space areas in existence and as proposed to serve the
development.
The amount of open space set aside by this project is consistent with the provisions of the
Land Development Code.
EXHIBIT "BII'
G:\Current\Deselem\PUD Rezones\Bembridge EOC PUD, PUDZ-A-2004-AR-5998\Findings, PUD.doc Page 1 of 2
Agenda Item No. 8e
July 26, 2005
Page 18 of 120
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
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.
Ability, as applied in this context, implies supporting infrastructure such as wastewater
disposal system, potable water supplies, characteristics of the property relative to hazards,
and capacity of roads, is supportive of conditions emanating from urban development
Infrastructure is or will be in place in the vicinity and its adequacy will be determined at
the time of SDP approval.
8. Conformity with PUD 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.
This criterion essentially requires an evaluation of the extent to which development
standards and deviations proposed for this PUD depart from development standards that
would be required for the most similar conventional zoning district. The development
standards in this PUD are similar to those standards, with the exception of the height
proposed and buffer deviations.
The Community Facilities (CF) zoning district allows a maximum height of 30 feet for
structures and up to 40 feet for towers. This project proposed a maximum building height
of 100 feet, and a communication tower up to 200 feet high. Staff believes the project's
structures will be compatible because the proposed structure will not be near any other
structures, and it will be located on a main roadway, thus it will not block any aesthetic
elements from any other shorter structure. The tower is shown on the Master Plan in an
internal area; it is not near any perimeter property boundary, thus reducing potential
negative impacts upon any surrounding property owner. The communication tower is
only a permitted use within Tract A; therefore, it could not be located adjacent to Santa
Barbara Landings, Plantation PUD or Wildwood Estates, which are the only residential
projects located nearby because none of those project border Tract A.
EXHIBIT "Bit'
G:\Current\Deselem\PUD Rezones\Bembridge EOC PUD, PUDZ-A-2004-AR-5998\Findings, PUD.doc Page 2 of 2
REZONE FINDINGS
PETmON PUDZ-2004-AR-5998
Agenda Item No. Be
July 26, 2005
Page 19 of 120
Chapter 1O.03.05.G of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed change in relation
to the following, where applicable:
1. Whether the proposed change will be consistent with the goals, objectives, & policies
of the Future Land Use Map and the elements of the Growth Management Plan.
The Comprehensive Planning Department has indicated that the proposed PUD
amendment is consistent with all applicable elements of the Future Land Use Element
(FLUE) of the Growth Management Plan (GMP).
2. The existing land use pattern;
This project will be consistent with the existing and proposed land use patterns as
explained in the staff report.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
The subject parcel is of sufficient size that it will not result in an isolated district
unrelated to adjacent and nearby districts. It is also compatible with expected land uses
by virtue of its consistency with the FLUE of the GMP.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
The PUD district boundaries are logically drawn and they are consistent with the FLUE
of the GMP.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
The growth and development trends, changing market conditions, specifically the
development of the site with a school, and the development of the surrounding area,
support the proposed amendment. The amendment is not necessary, per se, but it does
seem appropriate. This site is located within an area of active development with a
mixture of commercial and residential uses being constructed or projected. The county
needs to expand the emergency services available to serve the public and this site seems
appropriate to meet that need. In addition to adjacent development, a residential PUD is
planned for the drive-in theater site. That PUD (the Cook Road PUD, PUDZ-2004-AR-
6192) is proposed to contain 160 units on 4O:f: acres. The intersection of Davis Boulevard
and Santa Barbara Boulevard is identified as a Mixed Use Activity Center Subdistrict,
which would encourage more intense development. The proposed PUD rezoning is
EXHIBIT 'RAW
G:\Current\Deselem\PUD Rezones\Bembridge ESC PUD, PUDZ-A-2004-AR-5998\Findings, Rezone.doc Page 1 of 3
Agenda Item No. Be
July 26, 2005
Page 20 of 120
appropriate, as limited in the PUD document and the PUD Master Plan based on its
compatibility with adjacent land uses.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
The development standards and landscaping requirements contained in the PUD
document are intended to mitigate any adverse impact to the living conditions in this
neighborhood if the proposed change is approved.
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.
The Transportation Services Division has reviewed the proposed PUD and has
incOIporated language into the PUD document which renders the PUD compatible with
the Traffic Circulation Element. Therefore, the proposed PUD will not excessively
increase traffic congestion.
8. Whether the proposed change will create a drainage problem;
The project will be required to obtain a permit from the South Florida Water
Management District. Drainage problems should not be created when construction is
done in accordance with the permit.
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 apply
generally and equally to all zoning districts (i.e. open space requirement, corridor
management provisions, etc.) that were designed to ensure that light penetration and
circulation of air do not adversely affect adjacent areas. This project will be subject to
those same standards.
10. Whether the proposed change will adversely affect property values in the adjacent
area;
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. The mere fact that a property is given a new zoning designation or amendment
mayor may not affect value.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations;
The development of adjacent properties, in accordance with existing regulations, will not
be affected if this rezone is approved.
EXHIBIT -AB
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Agenda Item No. Be
July 26, 2005
Page 21 of 120
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
The proposed rezone to PUD complies with the Growth Management Plan, which is a
public policy statement supporting zoning actions when they are consistent with said
plans. In light of this fact, the proposed PUD does not constitute a grant of special
privilege. Consistency with the FLUE is further determined to be a public welfare
relationship because actions consistent with plans are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
The property is currently used in compliance with the existing zoning, and that use could
remain if so desired by the property owner.
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County;
The proposed PUD is designed in a manner that is compatible with surrounding property
in size and scale. It is also consistent with the FLUE of the Growth Management Plan, as
further limited in the PUD document.
15. Whether is it impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use.
There may be other sites which are zoned to accommodate the proposed development,
however it is very unlikely that there are any sites that are developed with or are approved
to allow an elementary school and a public services facility with structures up to 100 feet
tall. Staff did not conduct the analysis to make such a determination. However, it is
important to note that staffs major determinants of zoning are consistency with the
elements of the GMP, compatibility, and to some extent, the adequacy of infrastructure.
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.
While site conditions may restrict the location and square-footage of the buildings, they
would not render the property unusable.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
A multi-disciplined team responsible for jurisdictional elements of the 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 determined that required infrastructure meets with
GMP established relationships.
EXHIBIT ....AIr
G:\Current\Deselem\PUD Rezones\Bembridge ESC PUD, PUDZ-A-2004-AR-5998\Findings, Rezone.doc Page 3 of 3
.. . . .
Page 22 of 120
APPLICATION FOR PUBLIC HEARING FOR:
[JPUD REZONE (pUDZ)
[8lPUD TO PUD REZONE (PUDZ-A)
Date Received:
RE-SUBMITT AL
Planner Assigned: PUDZ-A2004-AR-S998
-PROJECT #19990090
C .. D' . DATE: 12/1/04
OmmISS10n 18mct: -KAY DESELEM
Petition No.:
ABOVE TO BE COMPLETED BY STAFF
1 . General Information:
Name of Applicant(s) ?\1r. Skip Camp for Collier County Board of County Commissioners
Applicant's Mailing Address c/o Facilities Management De,pt. 3301 Tainiami Trail East
City _Naples State _Florida Zip 34112
Applicant's Telephone # (239) 774-8380
Fax # (239) 793-3795
Applicant's E-Mail Address:SkipCamp@colliergov.net
Name of Agent Vincent A. Cautero. AICP Firm Coastal Engineering Consultants. Inc.
Agent's Mailing Address 3106 South Horseshoe Drive
City Naples
State FL.
Zip 34104
Agent's Telephone # (239) 643-2324 Fax # (239) 643-1143
Agent's E-Mail Address:vcauteroctUcecifl.com
COLLIER COUNTY COMMUNITY DEVELOPMENT
DEPARl'MENT OF ZONING AND LAND DEVELOPMENT REVIEW
ZSOO N. HORSESHOE DRIVE-NAPLES,FL 34104
PHONE (941) 403-2400IFAX (941) 643-6968
*Be aware that Collier County has lobbyist regulations. Guide yourself accordingly
and ensure that you are in compliance with these regulations.
.. __11__,,",__ 'll'__ 'b..L.U.. D..._I_... 11...... 'PTm 'V_A". .no,n1.
Agenda Item No. Be
July 26, 2005
Page 23 of 120
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: NI A
Mailing Address
City
State _ Zip
Name of Civic Association: NI A
Mailing Address
City
State _ Zip
2 . Disclosure of Interest Information:
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, orjoint tenancy, list all parties with an ownership interest as well as
the percentage of such interest (Use additional sheets if necessary).
Name and Address
Percentage of Ownership
Collier County Government
3301 Tamiami Trail East
Naples. Florida 34112
100% Tracts "A" & "B"
of CFPUD
Collier County Public Schools
5775 Osceola Trail
Naples. Florida 34109
100% of Tract of
Tract "C" of CFPUD
AppliClltion For Public BellMI' For PUD Rezone 8/291O~
J:IDATA\2003\D313II\RAII....t\03B~11D2.doc
Agenda Item No. Be
July 26, 2005
Page 24 of 120
b. If the property is owned by a CORPORA nON, list the officers and stockholders and the
percentage of stock owned by each.
Name and Address. and Office
Percentage of Stock
c. If the property is in the name of a TRUSTEEt 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 t list the
name of the general and/or limited partners.
Name and Address
Percentage of Ownership
e. If there is a CONTRACT FOR PURCHASEt with an individual or individuals, a
Corporation, Trusteet or a Partnership, list the names of the contract purchasers below,
including the officers, stockholderst beneficiarieS, or partners.
Name and Address
percentage of Ownership
Date of Contract:
ABDIcation For Public Rt!llriJul For PUD RsDne 8/29/03
1;\DATA\2003'4J313O\1l.Allwul<'D3130ESC'tJI)\\aIlDePIIlili<lIllOO41102.do<:
Agenda Item No. Be
July 26, 2005
f. If any contingency clause or contract terms involve additional parties, list a1lPffi.Wf~~120
or officers, if a corporation, partnership, or trust
Name and Address
g. Date subject property acquired (X) leased ( ): 04/19/01 & 12/19/01 Term oflease
yrs.lmos.
I~ Petitioner has option to buy, indicate date of option:
terminates: , or anticipated closing date
and date option
h. Should any changes of ownership or changes in contracts for purchase occur subsequent
to the date of application, but prior to the date of the final public
hearing, it is the responsibility of the applicant, or agent on his behal~ to submit
a supplemental disclosure of interest form.
3. Detailed lee:al 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: 4
Township: 50 south
Range:
26 east
Lot:
Block:
Subdivision:
Plat Book_ Page #:
00399840007.
/
I
Property LD.#: 00400246406. 00400246309.'&
Metes & Bounds Description:
See attached legal descriptions
4. Size of property: 1397;76:::ft. X 1256.25:: ft. = Total Sq. Ft. 1.755.936:: Acres 39.59:l:
Approximate size of property. See SUMJey for accurate dimensions.
5. Address/e:eneraI location of subject property: 4590 and 4600 Santa Barbara Boulevard_
East side of Santa Barbara Blvd.. approximatelY one quarter mile north of Davis Blvd.
Aoulicatioll For Public BeariD2 For PUn Rezone 8/29103
J:\DATA\2003\l)313OllVJ1~130ES~] IIl2.doc
Agenda Item No. 8e
July 26, 2005
Page 26 of 120
6.
PUD District (LDC 2.2.20.4):
o Residential 18I Community Facilities
o Commercial 0 Industrial
7. Adlacent zoninl and land use:
Zoning
Land use
N RMF-6: Pending PUD and PUD
Residential
s PUD
Commercial
E PUD
Residential
w PUD
Residential
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:
Subdivision:
Plat Book_ Page #:
Property I.D.#:
Metes & Bounds Description:
8. Rezone Request: This application is requesting a rezone from the Residential PUD
zoning district(s) to the Communitv Facility PUD zoning district(s).
Present Use of the Property: Existing public school and Vacant
Proposed Use (or range of uses) of the property: Collier Countv Emergency Services
Complex and Calusa Park Elementary School
Original PUD Name: Bembridge PUD
Ordinance No.: 98-86
9. Evaluation 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 Commission,
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.
A,p..Uc:ation For PubUe Hearln2 For PUD Rezone 1129103
J:\DATA\2003\031301RAIIWOIk\031301lSC1'UD~oo2OO4ll 02.1Ioc
Agenda Item No. Be
July 26, 2005
Page 27 of 120
Request an amendment from PUD to Community Facilities PUD (CFPOO) for the Bembridge PUD
(Ord 98-86), to reflect the changes to the original PUD. The new CFPUD Document will clarify the
changes to the original PUD and reflect that it is no longer a residential POO, but a community
facilities center for the new Emergency Management Services Station, the Emergency Operations
Center, and the existing Calusa Park Elementary School.
The proposed CFPUD is consistent with the policies and objectives of the County's Growth
Management Plan and the Land Development Code. These facilities are permitted by conditional use
approval in PUDs, but due to the total change of the character of the POO from residential to public
services, the amendment, ifapproved, will better docwnent the changed nature of the PUD.
PUD Rezone Considerations (WC 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.
The PUD has already changed to one that provides only public services. The Calusa Park
Elementary School and the approved EMS Station #19 (4-04) already serve the surrounding public.
The public facilities proposed here are needed, and the ESC facility will serve all of Collier County
by providing a state of the artfacility for dealing with major emergencies such as hurricanes. Access
exists, but the new ESC facility will coordinate the road and access design with County
Transportation Services to ensure adequate access. The PUD will also provide water management
lakesfor handling not only on-site runoffbut theflow from the expanded Santa Barbara Blvd.
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 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 PUD is owned by the County and the School District.
3. Conformity of the proposed PUD with the goals, objectives and policies of the growth
management plan.
Public safety facilities and schools are consistent with the Collier County Growth Management Plan
policies. Although there may appear to be some impacts, such as a slight increase in traffic, these
facilities are necessary to provide adequate public safety and necessary services for existing and
fUture development for all of the County.
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 proposed facilities will meet or exceed buffering requirements as specified in the We. All
facilities within this PUD will be for public services. The Calusa Park Elementary School will be
separated from the ESe Center by a large water management lake which will also minimize any
possible internal condition.
ADUlicatiOD For Public HeartH For PUn Rezone 8/29103
1:IDATAI2OO3\0313011VJ1_10313~oo20041102.doc:
Agenda Item No. 8e
July 26, 2005
Page 28 of 120
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
The Calusa Park Elementary School provides large areas for recreation. Because of security reasons,
the ESC center itself may be limited for public use. Regardless, the PUD will exceed County
requirements for open space.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private.
The Calusa Park Elementary School and the access roads serving it are built. The EMS station #19
will commence construction at the time of this application. The ESC building will commence
construction after approval of this CFPUD. Public facilities and water management facilities will be
in place prior to construction.
7. The ability of the subject property and of surrounding areas to accommodate expansion.
The subject property is more than adequate to accommodate the existing and proposed facilities. The
facilities will be located on a large 39.59% acre tract of land. The expansion of Santa Barbara will
also provide ample capacity to handle these facilities and any future surrounding development.
8. Conformity with PUD regulations, or as to desirable modifications of such regulation..c: 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.
This proposed CFPUD will meet all PUD and LDC requirements with the exception of four
deviations :
../ Deviation from LDC Section 5.03.02 which limits the height of fences and walls to six feet
where facing residential districts. The requested deviation will allow security fencing up to 8'
high. Said deviation will allow better security for facilities, which call for a higher level of
security during local and national emergencies than general government facilities.
../ Deviation from architectural requirements in Section 5.05.08 of the LDC, which require
windows at a minimum of 40 % of the affected facades facing collectors and arterial streets,
and from fa(fO.de window requirements. Due to the use of the ESC building during
emergencies, such as hurricanes, an exception to this minimum requirement is proposed. The
command operations need to be protected and offer a sheltered space for operations. Other
architectural elements will be provided to compensate for the lack of meeting these
requirements.
../ Deviation from LDC Section 4.02.01 (A); Table 2 which limits the maximum building height
to 30'. The ESC main building is four stories with an approximate height of 98'. This is
necessary because of the following reasons. The ground floor provides protected areas for
covered parking. The second floor is 22' above the parking level for clearance to
accommodate the EOC mobile command vehicle. The remaining floors are 18' floor-ta-floor.
This is necessary to clear the structural depth required to meet the 175 mph category five
hurricane design and to allow for clearance of extensive technology/data cable trays, fire
sprinkler systems, and ductwork.
A.pDncation For PubUc Burin, For PUD Rezone 8129103
1:\OATA\2003\0313O\llA1I'MXk11l3130ESC1"UDI\aa:lel'ClitioD2OO4I102.doc
Agenda Item No. Be
July 26, 2005
The proposed facilities will also serve a public purpose by providing safety and educationiip~ 120
to the County's citizens.
9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions,
however, many communities have adopted such restrictions. You may wish to contact the
civic or property owners association in the area for which this use is being requested in order
to ascertain whether or not the request is affected by existing deed restrictions.
10. Previous land use petitions on the subiect 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? N/A
11. Additional Submittal requirements: In addition to this completed application, the following
shall be submitted in order for your application to be deemed sufficient, unless otherwise
waived during the pre-application meeting.
a . A copy of the pre-application meeting notes;
b. If this rezone is being requested for a specific use, provide twenty (20) copies (this
includes: HUI if affordable housing, Joyce Ernst, if residential and ImmokaleelWater
Sewer District, if in Immokalee) 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 cepe];
· 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.
The proposed Emergency Services Complex building is included.
d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land
Development Code (LDC) , or a request for waiver if appropriate.
Not required
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
AmtDcation For Publie Barin" For PUn Rezone 8/29103
J:IDATA\2003\D313lMAIh"IIk\0313~1102.doc:
Agenda Item No. Be
July 26, 2005
Page 30 of 120
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. Additionally, a calculation of the acreage
(or square feet) of native vegetation on site, by area, and a calculation and location(s) of
the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.).
Included
f. Statement of utility provisions (with all required attachments and sketches);
Included
g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
Included
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);
Included
1. 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 permits.
N\A
J. An electronic version of the PUD on a disk as part of this submittal package.
Included
k. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8)
Included. Boundaries of the existing PUD have not changed.
Please be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires
an applicant to remove their public hearing advertising sign (5) after final action is
taken by the Board of County Commissioners. Based on the Board's final action on
this item, please remove all public hearing advertising sign (s) immediately. -
Land Use Petition Continuance Fees:
Two days or less prior to meeting - $500
Requested at the meeting =$750
Additional required advertising charged in addition to continuance fees
ABDication For hbic: Hearin2 For PUn Rezone 8/19/03
1:IPATA\2003\031301JlAlIwwltlll)I)~II02.doc
BEMBRlDGE Ese - CFPUD
119\ AERIAL
., -\
Agenda Item No. Be
July 26, 2005
Page 31 of 120
BEMBRIDGE ESC - CFPUD
J :\DA T A\2003103130\RAlI workI03130AcrialofSitcRcvised20040916.doc
'COASTAL
ENGINEERING
di CONSULTANTS
,s/:\';<!f INC.
WetJsIle: www.coalUllengineering.com
Subject Property Location Map
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Agenda Item No. 8e
July 26, 2005
Page 32 of 120
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Agenda Item No. 8e
July 26, 2005
PUD REZONE APPLICATION Page 33 of 120
SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET'
.
REQUIREMENTS #OF NOT
COPIES REOUIRED REOUlRED
1. Completed ApplicationIPUD documents 24* ./
2. Copy of Deed(s) and list identifying Owner(s) and all Partners 2* ./
if a Corooration
3. Completed Owner/Agent Affidavit, Notarized 2* ./
4. Pre-application notes/minutes 24* ./
5. Conceptual Site Plans 24* ./
6. Environmental Impact Statement - (EIS) 4 ./
7. Aerial Photograph - (with habitat areas identified) 5* ./
8. Completed Utility Provisions Statement (with required 4 ./
attachments and sketches)
9. Traffic Impact Statement - (TIS) 7 ./
10. Historical & Archaeological Surveyor Waiver Application 4 ./
lL Copies of State and/or Federal Permits 4 ./
12. Architectural Rendering of Proposed Structure(s) 4 ./
13. DApplication Fee - "PUD Rezone" = 510,000 + S25 per acre Internal
DComprehensive Planning Consistency Review = 52,250 Transfer
o Application Fee - "PUD to PUD Rezone" = $8000
Fire Code Review = 5150
EIS Review = 51600
Check shall be made payable to:
Collier County Board of Commissioners
14. An electronic copy of all plans and documents on a disk as 1 ./
part of the submittal packet.
15. Affordable Housing Density Bonus Agreement including all 4 ./
Appendices and Exhibits.
16. Boundary Survey (no more than 6 months old) 5 ./
17. Letter of no objection from the United States Postal Service 1 ./
18. OTHER REQUIREMENTS:
* Documents required for Long-Range Planning Review *1 additional copy if for affOrdable housing
As the authorized agent/applicant for this petition, I attest thatall oftbe information indicated on this checklist is included
in this submittal package. I tand that failure to include all necessary submittal information may result in the delay
of processing this pe "tio ~.
c~?/~j/01
{Date '
ADoUcation For PubUe HeariD2 For PUD RaDDe 8129103
1:\DATAI2003'D3130\1tAll workI03130ESC:I'UI>Rcza>ectiti0a200411 02.doc
ltE-SUBMIlT AL
PUDZ-A2004-AR-5998
PROJECT #19990090
DATE: 12/1104
KAY DESELEM
,- ----- ---:--- -
(i)
Agenda Item No. 8e
July 26, 2005
.<<E-8UBMITI'AL Page 34 of1"20
PUDZ-A1004-AR-5998
PROJECT #19990090
DATE: 12/1/04
KAY DESELEM
AFFIDA VIT
Well, , being first duly sworn, depose and
say thatfwefl a are the owners 'if 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 WeIlfurther authorize Coastal Engineering Consultants. Inc.: Harvard Jolly
Clees Topne Architects. P.A. AlA: TKW Consultine: Emrineers. Inc.: and Barany Schmitt
Summers Weaver & Partners. Inc. to act as our/my representative in any matters regarding this
Petition.
Signature of Property Owner
~2,
Typed or Printed Name of Owner
9'41 tf4;w/
Typed or Printed Name of Owner
Thefor.egoin.gJ:G;" ~ledged before me this A day ofll~
20Q:(., by . who is personally known to me or has produced
. as i entification.
State of Florida
County of Col .
i ature of Notary Public - State of
FI~ .
?I".A. S /a!./Wd ~
(print, Type, or Stamp Commissioned
Name of Notary Public)
l ~A S. ER-ICKSQ~
My COlI'''' r 'D. 2176/05
~g. \)0004830
,..r~,~ 1\ ()lIwr J.D,
J:\DATA\2003'D3130\RA11 work\03130AffidavitF0IID20041109.doc
(i)
RE-SUBMITT At.genda Item No~8C~----
PUDz..A2004-AR-599~ July 26, 2005
PROJECT #19990090 age 35 of 120
DATE: 12/1/04
KAY DESELEM
We/I, being first duly sworn, depose and
say thaiwe/l a are the owners 'if 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.
AFFIDA VIT
As property owner We/lfurther authorize Coastal Enlrineerine: Consultants. Inc.: Harvard Jolly
Clees Toooe Architects. P.A. AlA: TKW Consulting Engineers. Inc.: and Barany Schmitt
Summers Weaver & Partners. Inc. to act as our/my representative in any matters regarding this
Petition.
Signature of Property Owner
~
Typed or Printed Name of Owner
.f/4i? ~/
Typed or Printed Name of Owner
TheforegomgJ1t;:" ~Iedged before me this A day ofl)~
20% by . who is personally known to me or has produced
. as i entification.
State of Florida
County of Col'
~
ture of Notary Public - State of
Fl~
<- ~-A S EP!itWcJ~
(print, Type, or Stamp Commissioned
Name of Notary Public)
R~CC^ S. ERJCKSQ~
My Con'''' r.ll. '2l1fN'05
, ~u, \.iD. 004830
-.. ' ~ KnOlIlt II 0IMr 1.0.
,I . .
1:\DA T A \2003\03130\RAIl worlc\03130AffidavitForm20041109.doc
",~.f'
-
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July 26,2005
2578594 OR~ 2628 P~~gj~ 120
DeGRDID in omm.L ItlC01DS of COtLIn COllin, lL
01/07/2000 It 09:37A1l. DWIGHT I. BlOCl, CLIRl
CORS 31700DO.0&
lXC PBI ID.5~
DOC-.70 22190.00
I ~,
"
.I
Roetzel ~ Andrea
I! gal Profeulonal Auoc:1ation
, 860 Part Shore Dri.,.
. d &DOD. centre, Third Floo.
Naplea, FL 34103
letn:
ltOETZ1L ~ lIDlESS
850 Plil SHORI Dl 31D lLOOR
RAPLIS n 3m3
.ttE-SUBMITf AL
PUDZ-A2004-AR-5998
PROJECT #19990090
DATE: 12/1/04
KAY DESELEM
WARRANTY DEED
TIllS WARRANTY DEED. is made lhis~dayof January. 2000. between Royce O. Stalling:-.
Jr. aka Royce O. Stallings, as Trustee of the Royce O. Stallings Revocable Tru.'lt dated July 30, 1990.
Grantor. whose post office addrt"ss'is 1806 Mariner Drive. Tarpon Springs. fL 34689. and the District
School Board of Collier County, Florida, Grantee. whose post office address is do Collier County Public
Schools, 371 0 r..~tey Avenue. Naples..FI. 341 04.
The Grantor. in consideration of the sum of TEN AND NOIlOO DOLLARS (5 \0.00) and other
good and valuable consiueraLions to said Grantor in hand paid by the Grantee, the receipt of which is
hereby acknowledged. have granted, bargained and sold to [he" said Grantee and Grantee's successors and
assigns forever, the following described property. situated, lying and being in Collier County. Florida, to \\Ilt:
All that part of Section 4: Township 50 South, Range 26 East, Collier County,
Florida, being more particularly described as follows:
The Northwest one.quarter (1/4) of the Southwest one-quarter (I/.,) of said Section
-4 less and except the following:
The Westerly 60 feet of the Northwest one-quarter (II..) of the
Southwest one-quarter (1/..) of said Section, and
The East 40 feet of the West 100 feet of the North 300 feet of the
South one-half (\12) of the Northwest one-quarter ('I.) of the
Southwest one-quarter (II..) of said Section,and
The South 30 feet of the Southwest one-quarter (II.) of the
Northwest one-quarter (I/.,) of the Southwest one-quarter (II..) of said
Section 4 11:."15 the Westerly 100 feet.
Tax Folio Number: 00399840007
Grant('e Tax 10 #:
SUBJEcr TO: (a) r~al property ad valorem laxes accruing subsequent to December 31. 1999; (b)
zoning. building code and other use restrictions imposed by governmental authority. (e) outsLandiTlg oil,
gas and mineral interest of record, if any; \\itllDut right of surface enlry and (d) restrictions and casements
common to lhe subdivisicm.
WalT1lnty Oeed
Slamnga, TN!IIoe \0 School Board of Collier County
I'1oge 1-.10.1 of2
~~".: ,~.~<O".. "'J-,.~J."I~~),_~'\:'~.~;~:;~?~~':...::,..:.~..:; _,I.:.... "', .', ".~.t. ,..' ~...:.< ..~r:..""'l:.';:"".~"~ .,;_....~'.... J . '. . '. .,r.';s....
..
July 26, 2005
ttt OR: 2628 PG: 3~CYS 3tit120
.
Granlor warranls Ihalthc property is not llll: homC'stead of Grantor or Grantor's family and 1 hill
such property is currenlly being uSl'd Cor comml'n:ial and Ilgric:ullural purposes.
And said Granlor docs hereby fully warranllhc tille 10 said properly. and will defend the same
againsllhe law(ul daims of a\l persons whomsoever.
IN WITNFSS WI IEIU:OF. Grantor has c);C'cuted and dclh'ered this warranty deed the do'lyand Yt'llr
first ahove '\Titten.
Signed. scab! and delivered
in ou, pn'''~
f$;.7t:..;.,"~ ~
rrfl.. HIf ()/~ ldp.t c
~~I\'" . P'nnt"d ~1l11V' '" </
^ 11t.::... -IYl ~. ___
Witn ,Signatl11"t' ~
i)'1'T1/'ir;l") 'Y"'f"'l 'C.":~....,(lliOJ
Witness 2 . Printed ~ame ----v
STATE OF fLORIDA. \)
COU""'TYOF~ \;.N'l\....'.....
...P-
The foregoing Warranty Deed wa:; acknowledged before me on this:L day of January. 2000. by
Royce O. Stallings. as Trustee of the Royce O. Slallings ReVO\STrust datt'd July 30. !990. .......--.)
, \ JJ y----
'~, UrYvJ1..... TYl ----"
NOlar')' Public. Signatu",
(Notary SraJ)
. ~ OEJ,EiRIOS M. spNlOUOS J~~
!?:~\ lAY CQWlSSDN. I ~ tiW8ll
~.rQ'1:~ EXPIPfS: ~~. 2000
~~ BondIlI'!lIll MatIIY N*~
~Ir.... ~
:-:otary Puhlic . Printed Kame
Commission :-10.
Commission Expiralion:
rERSONAI~YKNOWN\...........OR PRODUCED rDENTIFlCATION_
TYPE m IDENTIFlCl\TitfN PRODUCED:
TIlis In~lmm~nt Prl"parcd by
Linda C. Brinkman. Esquire
r..oonLETTE. COLEMA.'>: & JOlIS$O:-:. PA
4001 Tamiami Trllil North. Suite 300
Naples. I-1. 34103
F"t.r:II,CLOSF.COM ST.~WNC DF.FJ)
Wllnanly Delld
Slllllings. Trust.. to School Board 01 Colli... County
P"llIl No. :! Dl2
Book 2814 - Page 848
L
I
PROJECT: EMS Slte- Santa Barbara
PARCEL: part of 00399840001
2785687 OR: 2814 PG: 0848
ucooo .lI amcm DCllIIII of cuma tan. n
t4/Ull..1 It 11:11" mm I. BIlItt, CI.JB:
ClIIS maul
ue 81 U.SO
aJPl11 1.80
bm:
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tml O!!ICI
SPECIAL WARRANTY DEED
THIS SPECIIrd.. WARRANTY DEED made this ~ day of
ftpr-iI . 2001. by the DISTRICT SCHOOL BOARD OF COWJ!R
COUNTY. FLORIDA. (hereinafter singularly or c011ectiveiy caDed the Grantor). to
COWER COUNTY, a poUtlcal subdivision of the State of Rorida, its SUCCl!ISSOl'S and
assigns, whose post-otfice address Is 3301 Tamiami Trail Ea8t, Naples. Florida 34112
(hereinafter oahd !he Grantee).
(Wherever used herein the terms "Grantor" and "Grantee" include aa the parties to
this instrument and their respective heirs. legal representBlives. successors and
assigns.)
WITNESSETH: That the Grantor. for and in consideration of the IUITI of Ten
00lIars ($10.00) and other valuable consideration. receipt whmeot is hereby
aclcnDwledged. hereby pnts. bargains. seUs, aliens. remises. releases. conveys and
r::onfirm$ unto the: GnIntee, all that cen.ln land sttuate in Colier Cctdy. Rodda. to wit
See attached Exhibit ."". which is
Incorpol3led herein by reference.
SlIbject to easements. re&trictions, and reservations of recon:L
THIS IS NOT HOMESTEAD PROPERTY.
TOGETHER with all the tenements, hereditarner'1t8 and appurtenances theteto
belonging or in anywise appertalning.
TO HAVE AND TO HOLD the sama in 'lee simple forever.
AND the Grantor herl!lby covenants with $aid Grantee 1hat the Grantor Is Iawfl.llly
seized of said land in fee simple; tRat the. Grantor has good right and Iawf1.lt authority 10
sell end convey said IancI; that 1he Grantor hereby fuHy walTants the tile to said lend
and will defend the same sgailst the lawful daims of all ~8 whcm'lScever: and 1hat
said land Is free of aD encumbranceS except as nQted above.
11IIS COIIV!Y/oI6CE ACelPTEO .., ntE
~. OF CCIaIn'Y --SSI
COUlD ~ ~ OHIS.
II'UIlSUMrr TO ~~ .
DATDI f11'....i~ 110. 1""1;:" )0.)
Agendaltem,tiQ...~C. f 1
July 26~5 0
Page 38 of 120
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Agenda Ite
OR: .2814 PG: 0849 July
Page
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents
the day and year first above written.
DISTRICT SCHOOL BOARD OF
COLLIER COUNTY, FLORIDA
WITNESSES:
fJOJ-A-J./ J) rJA1,.,LlJ1 . j
(Signature) -
J)()ri <. Ji1, Orot(J~
(Print Name)
~A~ .~;
(Signature)
~4+h/~r:". n Fa....r/~
(Print Name)
THE SCHOOL BOARD OF COLLIER
COUNTY, FLORIDA
By:-Ql~~
N GOODNI. HT. Chairman
ATTEST:
all. 1vIU.
Superintendent of Schools and
Ex-Officio Secretary
Dr-. bitn W. wh;fe
(Print Name)
STATE OF FI~Y'; &.0..
COUNTY OF to ~ll e ,...
The foregoing Special Warranty Deed was acknowledged before me this ~
day of A p ~) I . 2001 by Anne Goodnight, as Chairman of The School Board
of Collier County, Florida. on behalf of the District School Board Of Collier County,
Florida,~ personally knOWr11Oiii'e)OT who.has produced [type
of identification} as identification.
WITNESS my hand and official seal this~ day of Ap".j { ,2001.
(affix notarial seal)
JLt~,- t.-(( :dd__
(Signature of Nota[Y Pup/Ie) .
, SHARON K LEAl
, (Print Name of Notary Public)
NOTARY PUBLIC
Serial/Commission #:(if any) ~ C! '12. "1ol(g
My Commission Expires: ::.ru" e.. ::2.,/, 2...00'-/
I
G) S'hon:ln I: IIaf ~
; : MYCCIloMSlIaI, cr:mua OJIBI
'- 2.4, lllO(
-.--'AIlNl&UlClINC
OR~ 2814 PG: 085rgend~~\
Page
PUBLIC WORKS ENGINEBRINQ DEPARTMENT
3301 nASTTA~~TRAIL NAPLBS,PLORIDA34It1
(941) 774.8192
LEGAL DESCRIPTION (NOT A SURV~Y)
PROJBCT NO..
PAllCBL NO...
]lOUD NO_
EXHIBIT. l\/;( .
P&ot.I:.bf::L
COMMBNCINO AT 'liD! SOUTHWBBT CORNlm. OF SBCTION 4, TOWNSHIP SO BOI.J'm, J.ANciE 16 BAST.
COLLIBll COUNTY. PLOlUDA; THBNCB NORTIl 0 DBORRBB 14 MlNtTI'BB 51. SECONDS WBST ALONCJ
nIB WESTUNB OF BAm SBcmON 4, A DlSTANCD OP 1311.5.42 PBBTi 'rHBNCB NORTR IP DBOItBBS 43
M1NUTBS 01 SBCQHDS BAST, A DJSTANCB OF 6ll.00 FBBT TO nM pann: 0' :BI.GlNNINGj TBBNCB
NOR.TH 0 DBllRBBS 14 MINl1l1IS 51. SECONDS WBST, A DlBTJJojCB OF 397.76 'PBBTi nmHCB NORm 19
DBCJRBBll40 'M1NUl'BS 03.SDCONDS J1A8T, A DISTANCB 01'40.00 FBllTj iHBNCB NOllTH 0 DIGlImS 14
MINUl'BB 52 SBCONDB WBST, A DJSTANCB OF I04J7 PBBTi ~CB NORn! 19 DBORBBB 43 MJNl1I'138
01 BBCONDS RABT. ^ DIS1'ANCB OF 601.21 FBBTj 'l1mNCB BOurn 0 DBC3Rll.B8 14 M1NU11IB 52 SBCONDB
BAST. A DISTANCB OF .502.67 PBB.Ti 'IH1lNCB SO\Tt'H IP DBCJQBS 43 M1NUTBIl 01 SECONDS WIST, A
DISTANCB OF .50.9.5 FBBTi TIIBNCB NORTH 0 DBCJRBBB 11 MtNUrBS 01 !BCONOB WBlIT, A DISTANCB
OP 30.00 JIBBT; THBNCB Salmi III DBC3JI.B1lS 43 MINUTBS 01 SBCONDS WBST, A DISTANCE OF '57.n
JlBB'l'j nmNCB SOtml ODBcnumB 14 MINtTr.B8 .52 SBCONDS llAST, A DlSTANCB OP 30.00 PEB'1';
TBBNCB SOUTIllll DROllBBS 43 MINtlTBll 01 SBCONDB'WBBT, ^ DlSTANCB OP 40.00 FBRT TO THE
POINT OJ' BEGINNING; SAID DBSCBlBBD TRAC7 CONTAININO 7.000 AClU!S (104,~ ~uA1l.E FIlBT).
MClllB OIl LBSS. .
PREPARED By..~t!?ef5..~."D^TE(..,Jj!.e.
.7<tEc5RGE R. RICHMOND
PROFESSIONAL lAND SURVEYOR.A.. REG. f. 2-406
PUBLIC WORKS ENGINEERING DEPARTMENT. .
COWER COUNTY GOVERNMENT COMPLEX
3301 EAST TAM1AMl TRAIL
NAPLES, FLORiDA 34112 SHEET 1 OF 2
j
ttt OR: 2B14 PG: OB51 ~d~G~
PUBLIC WORKS ENGINEERING DEPARTMENT age
3301 EAST TAMIAMl TRAIL NAPLES, FLORIDA 34112
(941) 774.8192
I
t.
SImTCH OF DESCRIPTION
NOT A SURVEY
EXHIBIT ~
P.~...d:--Of ....J..-.
"1.11'
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Il.M.H AIICIIL >>
1 il 7.000 ACIJ!B
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10.1'
..... P.IU. . ...O'WW'
t<m.~
BC.~
"
GENERAL NOTES
111'.0.C." POINT OF COUMENCEMENT
2) 1'.0.8." POINT OF BEGINNING
II BEe. .. SECTION
4)1WI'... TOWKBHIP
, 5) RaE. .. RANGE
8l TWJ.. RIQfiT OF WAY
TJ AU. DIITAHC!!8 ARI!i IN FHl' AND DECII.IAUI THEReOP
II) NOTVAI..JO UNLI!III1IIOHED AHO SEAlED WITH TH!
EM1I088EO IIE1J.. OF A PROFESSIONAl.. IJiHl) SURVEYOR
....n
OCTOBER 31, 2000
NOT TO SCALE
SBAREMS
SHEET 2 OF 2
Agenda Ite
2923264 OR: 2970 PG: 3419 July
neoeu la omCILL ueaes of COLUI1 camY, lL Page
11/11/1102 at Dl:ml KIm I. IIOCl, CUll
COil mm.OI
ne m 15.i11
coms 3.01
r
PROJECT: Santa Barbara/620B1
PARCEL: School Board - Pond
Ut.ll:
un tlOfIlTY
lIt 11I5
Inll OrllCl
SPECIAL WARRANTY DEED
1i-.
THIS SPECIAL WARRANTY DEED made lhis ~ day at
i)', ...",\." f' . 20gJ, by the DISTRICT SCHOOL BOARD OF COLLIER
COUNTY. FLORIDA, whose post-office address is 3710 Estey Avenue. Naples. Florida
34104, (hereinaller relerred to as "Granlori, 10 COLLIER COUNTY. a polilical subdivision
of the Slate ot Florida. its successors and assigns, whose post-office address is 3301
Tamiami Trail East, Naples, Florida 341 12 (hereinafter referred 10 as uGranteej.
(Wherever used herein the terms "Grantor" and "Grantee" include all the parties to
this instrument and their respective heirs. legal representatives, successors and assigns.)
WITNESSETH: That the Grantor, for and In consideration of the sum of Ten Dollars
($10.00) and other valuable consideration, receipl whereof is hereby acknowledged,
hereby grants. bargnins. sells, aliens, remises, releases, conveys and confirms unto the
Grantee. all thai certain land sUuate in Collier County. Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
j~
Subjecl to easements, reslrictions. reservations of record and taxes for lhe year
2001 and subsequent years.
THIS IS NOT HOMESTEAD PROPERTY.
,
~.
TOGETHER with all the tenements, hereditaments and appurtenances thereto
belonging or in anywise appertaining.
i<
TO HAVE AND TO HOLD the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that lhe Grantor is lawfully
seized 01 said land in ree simple; thaI the Grantor has good right and lawful authority to
sell and convey said lan~; that the Grantor hereby fully warrants the title to said land and
will delend the same againsllhe lawful claims 01 all persons whomsoever; and that said
land is rree 01 all encumbrances except as noted above.
nus COttVEYAMCE ACCEPTED IT 1lfE
~~I~ c:r C01MISSIONUS.
~ .:.:...t F'LOIlIDA.
TO 11oliOUI>>.
DATED. \ -\\- DI rm. flO. \.10('"&') \ I
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OR: 2970 PG: 3420
IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents
the day and year first above written.
WITNESSES:
-, ' )
I J I I" /1-
tLA..t..t.L: .,1 U._I.,J.i"';
(Signature) ,
- '1
I!t./I! {I 1~'I?l'
(Print Name) ,
DISTRICT SCHOOL BOARD OF COLLIER
COUNTY, FLORIDA
THE SCHOOL BOARD OF COLLIER
COUNTY. FLORIDA
d
OS!
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ANNE GOOD IGHT. Madame ChaIrman
'/ . ()
A L {'...-LL-;1 . -).,1- f. C-'--L-
(Signature)
V(l", j (llr(l l( ~ f'
(Print Name)
ATIEST: ,(
,'-, l
~1..10;(,
Suparin emdent of Schools and
E)(-Officio Secretary
fYl If t~. !~J: l-e
(Print Name)
STAT-E OF F1o...;dr...
COUNTYOF ("II,fr
The foregoing Special Warranty Deed was acknowledged before me this (q 1]. day
of P('t f',.,), t..... ,20C2L by Anne Goodnight, as Madame Chair of The School Board of
Collier County, Florida. on behalf of the District School Board Of Collier County, Florida,
who is ersonally known to me or who has produced [type of
identification as I entmcation. - .
WITNESS my hand and official seal this I '1'~ day of 0.',-. .20Qi.
(affix notarial sean
4Af1--1.I'1-,.,\ L* ~~.i:...
(Signature of Notary Public)
C;' Ii 11 p-,'AJ Ie L f:.~ A Lo
(Print Name of Notary Public)
NOTARY PUBLIC
SeriaVCommission #: C!.(7 '1"Z 7o'lrt
My Commission Expires: t.-. ;).'1-f.l~
OJ#(' . Sharon K. ~
/., :. IoI'f COIoMSSION, cauu.te Ell'IU
,. Juno H ilI04
.r,;" ..........,nc.fUCIlMMQ,IC.
AP71:SJ~ fO? &~ ~I~f{d~n~
\ Assistant tunl} AttorneJ
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tit OR: 2970 PG: 3421 tit
TRANSPORTATION ENGINEERING DEPARTMENT
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:DOl EAST TAMIAMt TRAIL NAPLES. FLORIDA 34112
(1)/11) 774-8192
SKETCH OF DESCR1PTION
NOT ^ SURVEY
II .'I".l6"TI:
(~I.00' 40 OD'
I /"
r.ll.C'. ;1 1'.0,n
WII4f1JR
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I.EGAI.llr:$CR1rTION
nJMMENCl' AT nm Wl,n QIJAI\TIlR [-rmNf'll11f sm'lllN 4, TllWII~ll1r:m SOIHU;IlMlm, 26: I!A~T
l"fJl.l.1l'R t'llIlHr\'.fJ.(lll111A. nmNI'I: N .~')r.'~l-1: 60 00 FI\~' lUll1U 1'I11NT fW "r.mIlHINn: niP-HIT:
fl1N11N1Il! 1'1 ....'/iS7- I' 4" 00 FI:I!1;nn'.Ill'l! ~ llO"I4'51" I! 12" 110 FI(F.r; 11lI(Nf'r: N 1~-)f,'ST., )n.1,47
n,ET; T111,N{'J'. ~ """lII1'll" I: 17.1 4~ pm'T, TIIr:NCP,:; 11l"4)'IllI- \\' .1I1Q 17 1'1'.,1'; 1UnNCI: N 00'14'5r VI
1951.\ fl'l;! ,111HIl'I::; l'I"4ll1l1" W 40 I)ll fr:E T; 1111'Nt'f: N 11"14'51' W (,Ifl 7h I-I'I:T III TIII:rllIH'T (IF 111:U1NIoIIN(l,
"llIH.\IHNll'Ifl S ,"'~ Al'RI'S ~lllRI!()R I m~,
EXHIBIT .-L
Page ---/.-Of ...L-
GENERAL NOTES
1) P.O.C,' POINT OF COMMENCJ:loAENl
21 P.D,B . POltH OF BEGINNING
J) SEC, . SECT ION
4) TWP,. TOWNStilP
51 ROE. . RANGE
5) RJW . RIGIIT OF WAY
7) ALL OIST ANCES ARE IN FEET !\NO OECIMAlS THEREOF
Bl NOT VALID UNLESS SIGNED AND SEALED WITH THE
EMBOSSED SEI\l. OF A PRDFESSIONI\l. LAND SURVEYOR
PREPARED BY: 7// j
~/iiZLd__~~)!~_L_
~~E R. RICHMOND P.L.S. 2406
COLLIER COUNTY PUBLIC. WORI<S
3301 E. iAMIAMI TRAIL
NAPLES, FLORIDA 34 i 12
DRAWNDY
OCTOBER 9. 2001
SBSCD
SHEET 1 OF 1
DAtE
FILEno
NOT TO SCALE
Agenda Item No, Be
July 26, 2005
Page 45 of 120
. STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REOUEST
1. NAME OF APPLICANT: Collier County Government. c/o Facilities ManalZement D~artment
2. MAILING ADDRESS: 3301 Tamiami Trail East
CITY Naples
STATE Florida
ZIP 34112
3 . ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 4590 and 4600 Santa Barbara
Boulevard
4. LEGAL DESCRIPTION:
Section: 4
Township: 50 south
Range: 26 east
Lot: Block:
Subdivision:
Plat Book Page#:
00399840007
Property I.D.#: 00400246406. 00400246309. &
Metes & Bounds Description:
5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system):
a. COUNTY UTILITY SYSTEM 1&1
b. CITY UTILITY SYSTEM 0
c. FRANCmSED UTILITY SYSTEM 0
PROVIDE NAME
d. PACKAGE TREATMENT PLANT 0
(GPD capacity)
e. SEPTIC SYSTEM 0
6.
TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM
b. CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
d. PRIVATE SYSTEM (WELL)
f8I
o
o
o
ADDDc:atlOD For Public Heartu For PUD Rp7nne 3129103
J:\DATA'\2003\D31>>.RAIlwtd\0313Ol!SC1'UDlaoaePoIitiaa20041102.doc
RE-suBMITrAL
PVDZ-A2004-AR-5998
PROJECT #lmoo90
DATE: 1211104
KA Y DESELEM
Agenda Item No. Be
July 26,2005
Page 46 of 120
7. TOTAL POPULATION TO BE SERVED: 12
B. PEAK AND AVERAGE DAILY DEMANDS:
A. WATER-PEAK 4.056g:nd=2.8gpm AVERAGE DAILY 2.704gpd=1.87gpm
B. SEWER-PEAK 2.747god=1.9gpm AVERAGE DAILY 2.113gpd=1.46gJ)m
9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL
WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE
REQUIRED: 9-1-03
10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic
drawing of sewage treatment process to be used as well as a specific statement regarding the
method of aflluent and sludge disposal. If percolation ponds are to be used, then percolation
data and soil involved shall be. provided from tests prepared and certified by a professional
engineer.
11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located
within the services boundaries of Collier County's utility service system, written notarized
statement shall be provided agreeing to dedicate to Collier County Utilities the water
distribution and sewage collection facilities within the project area upon completion of the
construction of these facilities in accordance with all applicable County ordinances in effect at
the at time. This statement shall also include an agreement that the applicable system
development charges and connection fees will be paid to the County Utilities Division prior to
the issuance of building permits by the County. If applicable, the statement shall contain shall.
contain an agreement to dedicate the appropriate utility easements for serving the water and
sewer systems.
12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless
waived or otherwise provided for at the pre-application meeting, if the project is to receive
sewer or potable water services from any provider other than the County, a statement from
that provider indicating that there is adequate capacity to serve the project shall be provided.
Utility Provis.lon Statemeat RJM 10/17/97
A.p'p"c:ation For Pub"!: Hearin. For PUn Rezone 8129103
1'\DATAI2OO3\D313ll1RAIlworl<1031~cmiDll2OO411ll2."""
Agenda Item No. Be
July 26, 2005
Page 47 of 120
LEGAL DESCRlPTION
ALL THAT PART OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTHWEST ONE-QUARTER (1/4) OF THE SOUTHWEST ONE-QUARTER (114) OF
SAID SECTION 4 LESS AND EXCEPT THE FOLLOWING:
THE WESTERLY 60.00 FEET OF SAID NORTHWEST ONE-QUARTER (1/4) OF THE
SOUTHWEST ONE-QUARTER (1/4) AS RECORDED IN OFFICIAL RECORDS BOOK 1141
PAGE 1114;
AND
THE EAST 40.00 FEET OF THE WEST 100.00 FEET OF THE NORTH 300.00 FEET OF THE
SOUTH ONE-HALF (1/2) OF SAID NORTHWEST ONE-QUARTER (1/4) OF THE SOUTHWEST
ONE-QUARTER (1/4) AS RECORDED IN OFFICIAL RECORD BOOK 1573 PAGES 1127 AND
1128;
AND
THE SOUTH 30.00 FEET OF THE SOUTHWEST ONE-QUARTER (1/4) OF THE NORTHWEST
ONE-QUARTER (1/4) OF THE SOUTHWEST ONE-QUARTER (114) OF SAID SECTION 4
LESS TIlE WESTERLY 100.00 FEET AS RECORDED IN OFFICIAL RECORDS BOOK 1071
PAGES 600 AND 601;
CONTAINING 39.59 ACRES OF LAND MORE OR LESS:
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD:
"'-DDHation For PubHc Hearing For PUD Rezone 8/29/03
]:IDATA\2003\031301RAJIW1lIk'D31~J 1000doc
2931 Michigan Avenue
Fort Myers. Aorida 33916
Phone 941-334-8828
@omcast
Agenda Item No. Be
July 2(3,2005
Page 48 of 120
December 13. 2002
Coastal Engineering Consultants Inc
C/O Michael Stephenson
3106 S Horseshoe Dr
Naples. FL 34\ 04
Re: Coilier County EMS Station No. 19
4600 Santa Barbara BI
CEC File No. 02.319
Utility Availability
Dear ~lichael Stephenson,
Corneast can provide broadband services to the above referenced property upon the
Execution of a Cost of Construction Agreement. Please contact Ms. Chrisann Folk,
Commercial Development Manager, at (239)-732-3843 for details.
'.
If 1 can be of any additional assistance to you regarding this project, please do not
hesitate to call me at (239) 732-3805.
-----
Sincerely,
)nd~
Mark Cook
Design Coordinator
Copy: Chrisann Folk. Commercial Development Manager, Comcast
Agenda Item No. Be
July 26. 2005
Page 49 of 120
GOLDEN GATE FIRE CONTROL & RESCUE DISTRr
4741 GOLDEN GATE PARKWAY. NAPLES, FLORIDA 34116-6901
(239) 455-2121 · FAX (239) 455-7917
December 12, 2002
Michael Stephenson
Project Construction Manager
Coastal Engineering Consultants Inc.
3106S. Horseshoe Drive
Naples, FL 34104
Subject: Fire Service Availability
Dear Mr. Stephenson:
This letter is to confirm that the Golden Gate Fire Control and Rescue District Currently
provides protection and will continue ~o provide fire protection and rescue services, for
the East side of Santa Barbara Blvd. ~ miles north of Davis Blvd. near Calusa Park
ElementarY School.
If you have any questions, please free to contact me at (941) 455-2121.
Sincerely, ZL/
' / :;/----
4(/LU-:/.; .
William T. Silvester
Fire Marshal
C:\My Documents\Project letters\EMS SationtCoastalI2-09-02.doc
..
Agenda Item No. 8e
July 26, 2005
Page 50 of 120
e
I=PL
410515th Avenue S.W.
Naples, FL. 34116
FAX 353-6082
COASTAL eN~,jlil::r\lnU
CONSULTANTS, INC.
RF.CFlVEO
OEe 1 i 2002
BY:-.... .
____n
I....
December 9,2002
Coastal Engineering Consultants
3106 Horseshoe Drive
Naples, Fl., 34104
Attn::Mr. Michael Stephenson
To Whom It May Concern:
FPL will furnish electric service upon request to Collier County EMS Station No.19.
Electric service will be supplied by FPL to the customer, based on terms and conditions
outlined in the General Rules and Regulations for Electric Service as approved by the
Florida Public Service Commission.
Please provide the final site plan, site survey and electrical load data as soon as possible
so the necessary engineering can begin.
Early contact with FPL is essential so that resources may be scheduled to facilitate
availability of service when required.
If you have any questions, please do not hesitate to contact me at 239-353-6047.
Sincerely, / J
dw j,yuzr---
J.W. White
Construction Services Representative
an FPL Group Company
Agenda Item No. BC
July 26, 2005
Page 51 of 120
~ Sprint
Box 2469
\aples. FL ,\-1 lfJ.'i..l-!(j9
December 4,2002
Mr. Michael Stephenson
Coastal Engineering Consultants, Inc.
3106 S. Horseshoe Dr.
Naples, Florida, 34104
RE: Availability of Service J Collier County EMS Station No. 19
SEC 4, TWP 50S, RNG 26E - Collier County, FL
Dear Mr. Stephenson:
In response to your letter dated November 25, 2002, Sprint-Florida, Inc. will provide telephone service, upon
request, to Collier County EMS Station No. 19, located at 4600 Santa Barbara Boulevard in Naples, Florida.
Telephone service will be provided based on the rules and regulations covered in our Local and General
Exchange Tariff, approved and on file with the F!orida Public Service Commission.
In order for us to meet your service expectations and provide for the timely installation of access facilities, we need
your cooperation on the following items:
1. Sufficient utility easements, as agreed to by Sprint-Florida, Inc., for construction of communication facilities
must be recorded either through incorporation with the recorded plat of Collier County EMS Station No. 19,01
in a manner as may be recorded in the Public Records of Collier County, Florida. A minimum 10' wide utifity
easement along the cable route to be provided by developer and a 40' X 40' easement may be required for
switching equipment.
2. Provide a full set of construction plans and diskette (DGN format or AUTOCAD) fumished to us at the same
time as plans are sent to Florida Power & Light Company.
3. All utility easements, rights-of-way, roadways, etc., over which communications construction is necessary
must be within six inches of final grade, clear of debris and lot lines properly staked and identified prior to
communication facility construction. NOTE: Staking to include grade elevation.
4. Clearing, grading and staking is to be maintained by the developer during Sprint's construction activity.
5. Deviations to our standard construction procedures from the above, resulting in additional expense to Sprint-
Florida, Inc., either during or after communication facility construction, will be appropriately billed to and borne
by the developer.
6. Road crossings provided and placed by developer at locations indicated by a Sprint-Florida, Inc.
representative. Sprint-Florida, Inc. will provide markers.
7. Sprint-Florida, Inc. shall not be responsible for seeding/mulching disturbed areas of the utility easements.
8. Notify Sprint engineering a minimum of 90 days in advance when telephone service will be required within
this area.
Agenda Item No. 8C
July 26, 2005
Page 52 of 120
December 4, 2002
Page 2
Mr. Michael Stephenson
'RE: Availability of Service I Collier County EMS Station No. 19
The following criteria must also be met for any multi-family or commercial building:
1. A 4' x 8' x %" plywood terminal board must be securely attached for mounting of telephone hardware.
2. Entrance conduit to be run from the property corner or utility easement into the mechanical room with no more
than one 90-degree sweeps. Size and location to be determined by a SprInt-Florida, Inc. representative.
3. Access to the power ground (MGN) within five feet of our terminal or placement of a No.6 Insulated copper
ground wire.
4. A single run conduit (3/4 inch suggested) or access route from each unit to the location of the telephone
termination point.
5. Conduit and equipment room to be completed 30 days prior to Certificate of Occupancy date.
These requirements are necessary due to the tremendous growth within our serving area and SprinUFlorida's use
of advance technology. Failure to comply with the above mentioned could result in service delays to this
development.
Please sign and date the acknowledgments provided below and return it in the self addressed stamped envelope
included. If you should require additional information, please contact me at (239) 263-6234.
G~v~
Gary Dawson
Network Engineer I - E&C
GD!jw
I hereby acknowledge receipt of this letter and agree with the provisions contained
herein.
Date
Title
~ COLLIER COUNTY GOVERNMENT
Agenda Item No. 8e
, July 26, 2005
Page 53 of 120
PUBLIC UTILITIES DIVISION
December 30, 2002
3301 E. TAMIAMI TRAIL
NAPLES, FL 34112
(941) 732-2575
FAX: (941) 732-2526
Michael Stephenson
Coastal Engineering Consultants, Inc.
3106 S. Horseshoe Drive
Naples, FL 34104
Re: Collier County EMS Station No. 19
Water and Wastewater Availability
Dear Mr. Stephenson:
Water and sewer service is available for the above referenced project via existing lines
along Santa Barbara Blvd.
IftJris project is, not to provide the required Collier County Utility Easements (CUEs), all
sewer facilities shall be owned and maintained by the owner, his successors or assigns. If
,this project is to provide the required CUEs, all sewer facilities shall be owned and
maintained by Collier County Public Utilities.
All on site water facilities constructed within any multi-family tracts, clubhouse tracts,
commercial tracts and common areas shall be owned and maintained by the owner, his
successors, or assigns. This project shall be equipped with a master meter and
appropriate backflow device. All water and sewer within this project shall be owned and
maintained by the owner, his successors or assigns.
Tie-in to water and sewer lines shall be made after submission and approval of the
hydraulic calculations by Engineering Review Services, showing that the downstream
systems are adequate to handle the increase in flow.
The District will be making phased expansions to the water supply, treatment and
transmission facilities and sewage transmission, treatment and disposal facilities servicing
the area in question and other areas of the County, based on demands within the system
and other binding commitments. These expansions should provide sufficient capacity to
supply the referenced property's anticipated potable water and sewage treatment and
disposal demands and the remainder of the District's committed capacity. However, no
guarantee can be issued that other developments throughout the District will
G:/E"Ii_rin& Tech/Availability/Availability Lett<r
Agenda Item No. 8e
July 26, 2005
Page 54 of 120
Michael Stephenson
December 30, 2002
Page 2
not have an impact on the quantity of potable water and sewage treatment and disposal
capacity available to this property until each phase has received a commitment for
seIVlce.
Connections are also subject to the availability of water and sewer capacity at the time
formal application is received. Should water supply or sewage treatment and disposal
capacity not be available, the Developer would be required to provide an interim means
of water supply and treatment and sewage treatment and disposal until the District's
facilities have the adequate capacity to serve the project.
Please note that any and all improvements that you construct must be in accordance with
all applicable ordinances and policies, including the payment of impact fees.
Should you have any further questions, please feel free to contact me at (239) 732-2575.
Sincerely,
C\ ~~C)~
Jacqu~ohnson
Engineering Technician
cc: Diane Deoss, Revenue Supervisor
Heather Sweet, Revenue Supervisor
. Wes Hill, Engineering Review Services
G:lEnci..mnc TeclllAnllabilily/AvailobllilY Leuer
..... ...-.- ............-.........
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Agenda Item No. Be
July 26, 2005
Page 55 of 120
WAST!! MANAGIiMI!ft.
'Hi.\~ Ii".hllllll<' :\WIIIl\'
~"I'h.,..I'l. H 1.'-1
(I)~l) It'N.~! I.!
('J~ I) {,.J'>-;{.loI J-"x
January 28. 2003
Mr. Michael Stephenson
Project Construction Manager
Coastal Engineering Consultants, Inc.
3106 Horseshoe Drive
Naples, FL 34104
Dear Michael;
As per your request this lctt<< is to confinn that Waste Management will provido solid
waste coUection services at the location noted in YOUl" c:orrespcmdel1c dated 11125102.
(Copy aUached)Our collection service is offered according to the tenns and conditions of
Collier County's Solid Waste Collection Service Agree1nent with Waste Management of
Florida. Inc., as amended most recem1y on June 12, 2001.
Should any questions arise, fecl free to contact us at any time.
Sincerely,
--.t....'~ ~ .
Ioe Coradetti
PistriCtManager
Waste Management of 'Collier County
Agenda Item No. Be
July 26, 2005
Page 56 of 120
TOWER DESCRIPTION
The 200' monopole communications tower was chosen based on performance and needs
criteria given to us by John Daly and Dan Summers. The tower provides support for
multiple radio, video, and communications systems necessary for an Emergency Services
Complex to stay online and operating during the most intense of natural disasters (i.e.
hurricanes, flooding, etc.). The complex would provide a central hub for disaster relief
and serve as a constant communication point for all state, county, and local emergency
operations. Some of the offices inside the facility include Emergency Operations, EMS,
911 Call Center, Police, and Traffic Operations. In the wake of recent events, no one can
doubt the need for a centralized, reliable, redundant, and hardened facility from which all
government operations can continue to operate. Such a facility will ensure the safety and
well being of Collier County citizens.
The monopole was originally a tri-Ieg tower but for aesthetics a monopole was the final
design chosen. Additionally there was a savings of approximately $350,000 or more by
switching to the monopole. After careful review of tower construction firms, a candidate
was chosen based on their experience in the South Florida area and their manufacturing
capabilities. The tower is designed to withstand hurricane force winds of approximately
150 mph continuous and 175 mph burst.
The radio communications systems include government and amateur radio and satellite
links. Government radio (800 MHz) includes county wide Police, 911, Fire, EMS, and
other government institutions. It is a simulcast system which links county wide to other
existing radio systems and can also be linked into a statewide radio system. The
government radio system installation at the EOC facility is completely stand alone and
not dependant on another system for full operation, as such, in the event of a failure of
other systems, this site will remain operational. Mr. John Daly has responsibility for
interfacing the system with the county's existing equipment and has more information
about its operation. The amateur radio operations, guided by Mr. Dan Summers, are
supported by multiple HAM operators that operate in conjunction with the EOC. Often
in. time of disaster with landline and cellular communications down, HAM radio
operators have been key in passing disaster relief requests to/from remote areas. The
amateur radio systems shall cover multiple key frequency bands, provide data/packet
radio communications, and maintain a satellite link to FEMA. Furthermore, HAM
operators will have access to VMS, Coast Guard, and weather radio signals. All of these
communications systems require a solid structure to mount to and well above ground for
proper operation and sight lines.
The tower also has two video cameras with pan, tilt, and zoom capabilities to survey the
surrounding areas and see over the horizon. These images are piped back into the EOC
where they are displayed on the video wall or even broadcast back out the news crew
feed. Support systems are in place for news crews to set up remote broadcasting directly
from the EOC for press conferences and important emergency announcements.
J:\DA T A \2003\03 1 3O\RAI 1 work\03130TowerDescripti0n200411 03.doc
RE-SUBMITTAL
PUDz..A2004-AR-5998
PROJECT #19990090
DATE: 12/1/04
KAY DESELEM
Agenda Item No, Be
July 26, 2005
Page 57 of 120
Considerations were made to coat the tower in a rubberized. coating to simulate a tree, but
further studies show that this would have a total negative effect on the tower and skyline.
Furthermore, the coating and simulated branches are not designed to survive the
previously stated speeds and could become projectiles, hence that idea was dropped. The
tower can be coated (at additional expense and yearly maintenance) to blend it into the
background of the sky plus the antenna mounts will be difficult to see from the ground.
Currently, this tower will have less of a sky outline than your typical cellular tower.
Any other questions can be directed to Mr. Summers or Mr. Daly for their respective
systems.
J:\DAT A\2003\03 I30\RAJ I work\03 J30TowerDcscription200411 03.doc
I
I
.,
Agenda Item No. 8e
July 26, 2005
Page 58 of 120
(i)
RE-SUBMlTfAL
PUDZ-A2004-AR-S998
PROJECf #19990090
DATE: 1211/04
KAY DESELEM
COLLIER COUNTY
APPLICATION FOR WAIVER OF mSTORIC AND
ARCHAEOLOGICAL SURVEY AND ASSESSMENT
PROJECT NAME :Collier County Board of County Commissioners, c/o Facilities Management Dept.
DATE: April 17, 2003
LOCA TlON (COMMON DESCRIPTION):
Collier County EMS Station No. 19, Santa Barbara Boulevard, Naples, Collier County, Florida;
Bell1bridg:e PUD - east side of Santa Barbara. north of Davis Boulevard.
SUMMARY OF W AfVER REQUEST:
Land is already approved for residential PUD. Previous analysis yielded no historical or archaeological
sites.
-
--
SECTION ONE:
APPLICANT AND PROPERTY OWNERSIDP DATE
Name of applicant(s) (if other than property owner, state relationship such as option holder, contract
purchaser, lessee, trustee, etc.): Collier County Board of County Commissioners, c/o Facilities
Management Department
Mailing Address: 3301 East TamiamiTrail, Building W, Naples, Florida 34112
Phone: (239 ) 774-8380 FAX: (239 ) 793-3795
Name of agent(s) for applicant, if any: Vincent A. Cautero, Alep, Coastal Engineering Consultants,
[nc.
Mailing Address: 3106 South Horseshoe Drive
Naples, FL 34104
Phone: (239) 643-2324
Fax: (239) 643-1143
Email: vcautero@cecitlcom
Page 10f 4
C. Name of owner(s) of property, if different than applicant:
Agenda Item No. Be
July 26, 2005
Page 59 of 120
:..
Mailing Address:
Phone: (
)
FAX: (
)
Note: If names in answers to A and/or B are different than name in C, notarized IetterCs) of authorization
from property owner(s) (C) must be attached.
SECTION TWO:
SUBJECT PROPERTY DATA
A. Legal description of subject property. Answer only 1 or 2, as applicable.
I. Within platted subdivision, recorded in official Plat Books of Collier County.
Subdivision Name:
Plat Book
Section
Page
Township
Unit
Block
Lot
Range
Note: Attach copy of the plat book page (obtainable from Clerk's Office at the original scale)
with subject property clearly marked.
2. If not in platted subdivision, a complete legal description must be attached which is
sufficiently detailed so as to locate said property on County maps or aerial photographs. The
legal description must include the Section, Township and Range. If the applicant includes
multiple contiguous parcels, the legal description may describe the perimeter boundary of the
total area, and need not describe each individual parcel, except where different zoning requests
are made on individual parcels. A boundary sketch is also required. Collier County has the
right to reject any legal description which is not sufficiently detailed so as to locate said
property, and may require a certified surveyor boundary sketch to be submitted.
B. Property dimensions
Area: 318.871 square feet, or 7.3 aeres
Width along roadway: 928.38 SQuare feet
Depth: : 343.47 square feet
C. Present use of property: Vaeant
D. Present zoning classification: PUD
SECTION THREE:
WAIVER CRITERIAJW AIVER REOUEST
Page 2 of 4
Agenda Item No. 8e
July 26, 2005
Page 60 of 120
A. Properties located within an area of Historical/Archaeological Probability with low potential for
historical/archaeological sites may petition the Community Development and Environmental Services
Administrator or his designee to waive the requirement for an Historical/Archaeological Survey and
Assessment. The Community Development and Environmental Services Administrator or his
designee shall review and act upon the waiver request within five (5) working days of receiving the
application. The waiver request shall adequately demonstrate that the area has low potential for
historical/archaeological sites. Justification shall include, but not limited to the following:
1. Aerial Photograph
2. Historical land use description
3. Description of land cover, land formation and vegetation
The Community Development and Environmental Services Administrator or his designee may deny a
waiver, grant the waiver, or grant the waiver with conditions. The decision of the Community
Development and Environmental Services Administrator or his designee regarding the waiver request
shall be provided to the applicant in writing. In the event of a denial of the waiver request, written
notice shall be provided stating the reasons for sLlch denial. Any party aggrieved by a decision of the
Community Development and Environmental Services Administrator or his designee regarding a
waiver request may appeal to the Preservation Board. Any party aggrieved by a decision of the
Preservation Board regarding a waiver request may appeal that decision to the Board of County
Commissioners utilizing the procedure outlined in Section 2.2.25.11.
B. Waiver Request Justification
I. Interpretation of Aerial Photograph: Land is vacant. Property is adiacant to school site and
residential property.
2. Historical Land Use Description: Historicallv used for agriculture.
3. Land, cover, formation and vegetation description: Overgrown with Melaleuca and Brazilian
Pepper.
4. Other:
This provision is to cover instances in which it is obvious that any archaeological or historic resources
which may have existed has been destroyed. Examples would be evidence that a major building has been
constructed on the site or that an area has been excavated as a quarry. The Community Development and
Environmental Services Administrator may seek counsel of the Chairman of the Historic/Archaeological
Preservation Board when it is not completely evident that the site is without archaeological or historic
value.
Page 3 of 4
Agenda Item No. Be
July 26, 2005
Page 61 of 120
SECTION FOUR:
CERTIFICA TION
A. The applicant shall be responsible for the accuracy and completeness of this application. Any time
delays or additional expenses necessitated due to the submittal of inaccurate or incomplete
Information shall be the responsibility of the applicant.
B. All information submitted with the application becomes a part of the public record and shall be a
permanent part of the file.
C. All attachments and exhibits submitted shall be of a size that will fit or conveniently fold to fit into a
legal size (8 W' X 14") folder.
~ d- ~
Signature of Applicant or Agent
i//)c~( II- ~4~o
Printed Name of Applicant or Agent
**TO BE COMPLETED BY THE COMMUNITY DEVELOPMENT SERVICES DIVISION **
SECTION FIVE:
NOTICE OF DECISION
A. The Community Development and Envirorunental Services Administrator or his designee has made
the following determination:
1. Approved on:
2. Approved with Conditions on~
3. Denied on:
(see attachment)
(see attachment)
Page 4 of 4
Agenda Item No. 8e
July 26, 2005
Page 62 of 120
Narrative of field observations
RE: Collier County EMS Station No. 19
4600 Santa Barbara Boulevard
Section 4, Township 50, Range 26
CEC File No. 02.319
From Collier County aerial maps taken January, 2002, it appears that this property was
until recently, planted with row crops like tomatoes. Currently, the land is becoming
overgrown with Melaleuca and Brazilian Pepper. While most of the plants are young ( 10'
tall or less ), they are growing thickly together with some taller trees of 15' or more
~A;'~~7:},,:~.~ti~
-.. ,~
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8" sign near SW corner of property
Berms and swales for row crops in forground
'?~
Looking East and South - Mature trees in back are beyond property boundary
Agenda Item No. 8e
July 26, 2005
Page 63 of 120
Near Northwest edge of property - New grade schoo! in Background
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AgerM It~ No. 8e
July 26, 2005
Page 64 of 120
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COWER COUNTY EMERGENCY MANAGEMENT
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RE-SUBMI1TAL
PUDZ-A2004-AR_5998
PROJECT 111999{)()90
DATE: 1211104
KA Y DESELEM
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PAGE 82
Agenda Item No, Be
~~ JtB~ 26,2005
Page 65 of 120
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p~e 41
(i)
PRE-APPLICATION MEETING NOTES
o PUD Rezone 0 pun to PUD Rezone
Date: i11 :2/1 (()3 Time: q i 2t.) Firm: '-I, "-l CE..
Project Name: ~ rn S F ('1 (2.t l / ty
Applicant Name: V t ~r('.p ~u..+~ Phone:
Owner Name: ~t"'::) llt~ (''In.
Owner Address: :s.3L) l \*' t\~ \ AM i ~Phone:
Meeting Attendees: Planner: '"'"Rn b l~\ tv\E:.\.{6UZ
S+Etlg..S~t ('/tnOltN~ V-PAV.J?p\
~~ \..."l=~~it.~ R\~ FJ..{~
l-\~B~~
Agenda Item No. 8e
July 26, 2005
Page 67 of 120
CQ~~
b43 - ;2.~
--;r.' MIN~
~ "J"~.n,
Submittal Requirements (refer to application for additional requirements)
24.Copies of the following:
i Completed Application
Pre-application Meeting Notes
Conceptual Site Plan 24X 36" and One 8 Yz X 11" copy
1Sa. PUD document and Master Plan
A<::opies of the following: .
_. DeedsJLegals & Survey (if boundary of original PUD is amended)
List identifying Owner & all parties of corporation
Owner! Agent Affidavit signed & notarized
Completed Addressing Checklist
Copies of the following: .
JJ Environmental Impact Statement (ElS) or waiver
~ Historical Surveyor waiver request
~ Utility Provisions Statement w!sketches
'~ Architectural rendering of proposed structures
;81. Survey, signed & sealed
RE-SUBMITT AL
PUDZ-A2004-AR_S998
PROJECT #19990090
DATE: 12/1/04
KA Y DESELEM
8 Seven (7) Traffic Impact Statement (TIS) or waiver
;8J. Five (5) copies of Recent Aerial Photograph (with habitat areas defined)min scaled I" = 400'
~ One (1) Electronic version ofPUD document in Word format
Fees:
Application Fee;~$5,000 + $25 per acre. Data Conversion: 0 $25
~ $3,000 amendment Data Conversion: 0 $15
~
$150.00 Fire Code Review
$300.00 Pre-application fee (to be credited toward application fee upon submittal).
$1600.00 Environmental ImpactStatement review fee
Fee Total $
*Property Owner Notifications: $1.00 Non-certified; $3.00 Certified return receipt mail
(to be paid after receipt of invoice from Planning Department)
\";
Meeting Notes
~CL-Vl.o::. po i ~d. ~. 5e.-+ (YI.~~rt-., 100)' yYI.€d.'.-1 ~ C-. ~ .'JJ..
:;q. ~~A Nde;s, 4fu;W\ Ud--Mt"s .
Agenda Item No. Be
July 26, 2005 ,
Page 68 of 120
-rr~ s p~r4J.aM.r
G;\Current\Pre-App forms\PUD pre-app.doc
Revised March 28, 2003
a9/1~/2~a3 19:16 6595724
~EP 11 2DD3 ~t35PH TKW ENGINEERS
ADDRESSING
2392780822
Agenda It~~o.ftk
July 4Il.i005
Page 6!J oT 120
ADDRE3SlNG CilBcnrST
Please compleIetbe following IOd submit to the Addra.mg Section_ Riview. Not all ifsM wiD IDQIY to
every No.eet. Itema m b,l1t, b'~ Ire RlQuired.. .
1. LecIJ dacrlpdoa of IDbject proptIty or pzopmiea (copy rfkngt4y 4&1Crlpt1tm IIIl1J1 6, a/lIlcW)
SeeAttlched PO-.-l r-, A ~, ~ '+- - t;tJ- 2.. (;,.
2. 'olio (PropHtJ ID) ..-.(1) of above (att<<.A to, 0,. uue",t. with, legllldccrlptirm/f II'IClnr 'Mil OM)
00400.2463C9 .
3. Street aden.. or 8ddrcaIc1 (M appliCtJblf:, if Q/rudy flJltp8il)
Wi\;
4. LoClltiaalllllp. shbwin, exld 1~ orprojee1lsitein relation to 1I01Te1t publi~ road Dlbt-oj:.~y (artcrch)
5. Copy otnrvey (NBBDBD ONLY FOR. UNPLATTm> PROPERTlBS)
6. Prop05ed project MmC (1/ appliC4hle)
7. Proposed SIrcet nwe. (ifapp/lca6t.)
- N1A
B. Slte Dcvc10pm0r.tt Plan Number (FOR BXISTlNO PROJECTSIS1'I'8S ON!. Y)
SDl -
9. Petit!.. Type - (Complete. aepate Addtessing Checklist for each Petition Type)
~ SDP (SitcDeYelopmaDt Plan) 0 PPL (plana k Plait Reviaw)
B SDPA (SDP Amcudmen1) B PSP (preliminary Subctivis10rl Plat)
SDPI (SOP IDIu"ltanlial Cbange)' FP (FiuJ Pllt)
~ SIP (Site fmprovcmeat P1u) . 0 1LA (Lot Line AdjustmCllt)
SJP A (SlP Amendmes\t) ~ BL (BJuting Pamit) .
SNR (Slrect NlID1e CIwlge) ROW (Risbl-ot~ W ay Permit)
Vcpta~onIBxotic (Ve,- Removal PemUts) EXP (Excavation hnnit)
o Laad O.e Petition (Vlriance, CoI2diticmaJ UK, 0 VRSPP (Veg. RemO\lal ~ Site Pill Permit)
So" Deck. E~t.t ltc7;OI1c; PUDmxmc, '*.)
o Otb~-O~: PLt'bA
10. Project or clr;vclaproc;Jt DJnlCS propom for, 01 already IF.'Pee.riDg ill, conclDmiDium do~umentl (if
app!kabJe; il:ldieatc wbe'tller lIropo1ed or exiSliq)
11. Please Cbd ODo: . U Cbecklilt is to be, FD:cd 'SICk IT PeraoIII1ly Picked Up
11. Applteut Name CollicrComltv. Jack CrHIl8lel'boDI 239-174-8380 Pal 235J-793-J7SlS
13. Sip._ OD Ad.cbwaina Cbecttist does nOC collltil1te Project IDdIClt Street Name approY&llDd illlJbject to
&nh=r review by the Addres&in., SoetiOIl.
FOR STAFI"V5E ONLY
.Primary Number .:a~l g~
Address Numba
Add.resa Number .
Address Number. Approved by .....Jl r'\ 0"'\ ~ A tl1 oa. rn Dde 't - 11- o:t. .
~d 3-21-0/
Agenda Item No. se
July 26, 2005
Page 70 of 120
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.
COASTAL
ENGINEERING
CONSULTANTS
INC.
Age.nd~9M~~B~iree~g
JutV~enng
S~g~ M>4Pping
Environmental Services
Real Estate Appraisa'
Planning Services
MEMORANDUM
TO:
FROM:
Collier County Environmental Services Department
Vincent A. Cautero, AICP
DA TE:
May 21, 2004
SUBJECT:
Bembridge EOC - CFPUD - Environmental Analysis
CEC FILE NO.: 03.130
Attached is a memorandum from Steve Lenberger, Environmental Specialist, to then
Principal Planner Bryan Milk, which stipulates certain environmental conditions for the
Bembridge PUD where Bembridge EOC - CFPUD will be located. Inasmuch as the
environmental analysis has been conducted, we request that the formal EIS requirement
be waived and that the conditions placed upon the owners of the Bembridge PUD be
reiterated at both the Planning Commission and the Board of County Commissioners'
hearings.
J:\DATAll003103130\03130MEMO to cc env srvs - pud.doc
RE-SUBMlTf AL
PUDZ-A2004-AR-5998
PROJECT #19990090
DATE: 1211/04
KA Y DESELEM
Agenda Item No. Be
July 26, 2005
Page 72 of 120
PLANNlNGSERVICESDEPARTMENT
CURRENT PLANNING SECTION
MEMORANDUl'v1
TO: Bryan Milk
Principal Planner
FROM: Stephen Lenberger V
Environmental Spe~list II
DATE: November 10, 1997
RE: PUD-96-12 (3M Revision)
Bembridge PUD
xx Approved subject to the following stipulations:
1. Replace section 2.2(A) of the PUD document with the following stipulation:
,
Regulations for development ofBembridge shall be in accordance with the contents of
this document, PUD-Planned Unit Development District and other applicable sections
and parts of the Collier County Land Development Code and Growth Management Plan
in effect at the time of issuance of any development to which said regulations relate
which authorizes the construction of improvements, such as but not limited to Final
Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work
Authorization. Where these regulations fail to provide development standards then the
provisions of the most similar district in the County Land Development Code shall apply.
2. Add the following stipulations. to the PUD document:
An appropriate portion of native vegetation shall be retained on site as required in section
3.9.5.5.4.CCLDC.
An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site,
with emphasis on areas of retained native vegetation, shall be submitted to Current
Planning environmental staff for review and approval prior to final site plan Iconstruction
plan approval.
(
'-"
rC
Agenda Item No. se
July 26, 2005
Page 73 of 120
NEIGHBORHOOD INFORMATION
MEETING (N.I.M.)
DATE: 8/10/04
TIME: 5:30 P,M.
LOCA TIO N: Collier County Domestic Animal Services
Facility Conference Room, 7610 Davis Blvd., Naples, FL
SUBJECT: Bembridge PUDZ-A-2004-AR-5998
*IN AN EFFORT TO CONTINUELY IMPROVE UPON THE PUBLIC
NOTIFICATION PROCESS, PLEASE INDICATE NUMBER: HOW WERE
YOU INFORMED OF TODAY'S MEETING?
1. Mailing
2. Newspaper ad
3. Other
SUQ#
!
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~
4
~AN . .JaHNS -Oil )
~DJE LJc.:v
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!
COASTAL
ENGINEERING
CONSULTANTS
INC
Agenda Item No. se
P;~?4~0~Mces
Civil Engineering
Planning Services
Survey & Mapping
Coastal Engineering
Real Eslate Appraisal
Webslte: www.coastalengineerlng.com
,,-..
A CECI GROUP COMPANY
September 2, 2004
Ms. Kay Deselem
Principal Planner
Collier County Government
Zoning and Land Development Review Department
Community Development & Envirorunental Services Division
2800 N. Horseshoe Drive
Naples, FL 34104
RE: Neighborhood Information Meeting (NIM) Commitments and Audio Tape -
Bembridge ESC CFPun AR-S998
CEC File No. 03.130
Dear Ms. Deselem:
I am in receipt of the draft commitments submitted to us by Linda Bedtelyon that were discussed
at the Neighborhood Information Meeting conducted on August 10, 2004. We have reviewed
them and offer some clarifications below.
1. "The complex buildings will be 117 - 120,000 square feet"
Clarification: The Emergency Services Building will be 117 - 120,000 square feet. Also
included in the PUD is EMS Station #19 which is an additional 5,000 square feet. EMS
Station #19 was previously approved under a Site Development Plan.
2. "Building height up to four stories"
Clarification: The building is projected for up to five stories. However, current building
plans call for a four story building. The County wishes to maintain the option to build an
additional story.
3. "No outside training"
Clarification: No training will be conducted outside during normal business hours.
Please update your records to reflect the changes to the commitments made at the NIM. Also
included in this submittal is the audio tape of the meeting.
3106 S. Horseshoe Drive, Naples. Florida 34104 . Phone (239) 643-2324 Fax (239) 643-1143 . E-Mail: engcollier@cecifl.com
SERVING FLORIDA SINCE 1977
1 '
Ms. Kay Deselem
September 2, 2004
Page 2
Agenda Item No. Be
COASTAL ENGINEERING ~~~9'%7~~~~&NC.
If you have any questions, please do not hesitate to contact me at (239) 643-2324 x120 or
vcautero@cecifl.com.
Sincerely,
COASTAL ENGINE~ANTS' INC.
~c-.t!:AlCP
Vice President
Planning Services
Enclosure - As noted
cc: Dan Summers, Collier County Emergency Mgmt. Dept.
Jack Crognale, Collier County Facility Mgmt. Dept.
Jim Von Rinteln, Collier County Emergency Mgmt. Dept.
Linda Bedtelyon, Collier County Community Planning Coordinator
Dan Johnson, TKW
Blayne Rose, Harvard Jolly
Marvin Scharf, Scharf & Associates, Inc.
Don Murray, Coastal Engineering Consultants, Inc.
J: IDatallOO310313 O\CorrespondenceI03130DeselemNIMcommitmentsLtr20040902.doc
;"i...
,-
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Agenda Item No. se
July 26, 2005
Page 76 of 120
f(o~
TRAFFIC IMP ACT STATEMENT
FOR
COLLIER COUNTY EOC
PUDZ-A 2004-AR-5998
Project # 19990090
Bembridge EOC PUD
June 14,2004
(pROJECT NO. 040324)
'. PREPARED BY:
Metro Transportation Group, Inc.
12651 McGregor Boulevard, Suite 4-403
Fort Myers, Florida 33919-4489
239-278-3090
April 15, 2004
Agenda Item No. se
July 26, 2005
Page 77 of 120
Iiu3Iil1l )
I. INTRODUCTION
Metro Transportation Group, Inc. (Metro) has conducted a traffic impact statement for
the proposed Collier County EOC development. The site is located on the east side of
Santa Barbara Boulevard between its intersections with Radio Road and Davis Boulevard
within Collier County, Florida. The site location is illustrated on Figure 1.
The proposed Collier County EOC development is slated to contain a 99,279 square foot
emergency operations center for Collier County. Access to the site will be provided via
two access points to Santa Barbara Boulevard.
This report examines the impact of the development on the surrounding roadways. A
methodology meeting was held over the phone with the Collier County Transportation
Planning Staff on April 13, 2004 in order to discuss the necessary analysis that will be
required as a result of the Collier County EOC development. Trip generation and
assignments to the site access drives will be completed and analysis conducted to
determine the impacts of the development on the surrounding intersections.
II. EXISTING CONDITIONS
The subject site is currently vacant. The site is bordered to the west by Santa Barbara
Boulevard. To the south, the site is bordered by vacant land. To the east of the subject
site is the existing Calusa Park Elementary School. The site access driveway for the
Calusa Park Elementary School borders the subject site to the north.
Santa Barbara Boulevard is a four-lane divided roadway that currently terminates at
Davis Boulevard to the south of the subject site. The Collier County Five Year Work
Program indicates the six-laning of Santa Barbara to the north of Davis Boulevard is
scheduled for construction within Fiscal Year 2005. This roadway improvement was
accounted for as a part of this analysis. The minimum Level of Service (LOS) Standard
for this roadway adjacent to the subject site is LOS "D". Santa Barbara Boulevard's
intersection with the Calusa Park Elementary School operates under signalized
conditions.
Page 1
Agenda Item No. se
July 26, 2005
Page 78 of 120
(iu31ill))
Santa Barbara Boulevard has a posted speed limit of 4S mph and is under the jurisdiction
of Collier County.
III. PROPOSED DEVELOPMENT
The proposed Site Development Plan application for the commercial development
proposed within the Collier County EOC indicates the construction of 99,279 square feet
of commercial floor area. A list of the uses allowed on the subject site upon completion
includes, but is not limited to the following:
. Emergency Services Administration Offices
. Emergency Medical Services Operations
. Emergency Management/Emergency Operation Center
. Communication Info Technology
. Information Technology Back-up for Goverrunental Operations
. Public Information Studio and Media Briefing Facilities
. Collier County Sheriffs Office Substation
. Collier County Sheriffs 9-1-l/Communications Center
Since this development will function as a governmental facility, it was deemed most
appropriate during the methodology discussions to calculate the trip generation of the
proposed development based on the Government Office Building Land Use. Table 1
summarizes the land use utilized for trip generation purposes for the subject
development.
Table 1
Collier County EOe
Land Uses
Land Use
Government Office Buildin
Size.
99,279 s uare feet
The proposed development will access Santa Barbara Boulevard via two full access
points. The northernmost access point will be shared with the Calusa Park Elementary
School, and it currently operates under signalized conditions.
Page 3
r lll31lID)
Agenda Item No. se
July 26, 2005
Page 79 of 120
IV. TRIP GENERATION
The trip generation for the proposed development was determined by referencing the
Institute of Transportation Engineer's CITE) report, titled Trip Generation, ih Edition.
The trip generation of the proposed commercial development was calculated based on
Land Use Code 730 (Government Office Building), as previously discussed. Only the
P.M. peak hour trip generation is based on more than one survey for Land Use Code 730.
Table 2 outlines the anticipated weekday P.M. peak hour trip generation of the Collier
County EOC development. The trip rate for Land Use Code 730 is included within the
Appendix of this report for reference.
Table 2
Trip Generation
Collier County EOC
Land Use Weekda" P.M. Peak Hour
In Out .. Total
Government Office Building 35 85 120
(99.279 so. ft.)
v. TRIP DISTRIBUTION
The trips shown in Table 2 were then assigned to the surrounding roadway system based
on the anticipated routes the drivers will utilize to approach the site. The project
distribution for the proposed development was determined based on agreed traffic
distributions for other devel~pments in the surrounding area The resultant traffic
distribution is indicated in Figure 2. Based on the traffic distribution indicated within
Figure 2, the development traffic was distributed to the site access intersections. Figure
3 indicates the site traffic assignment based on the project traffic distribution.
In order to determine which roadway segments surrounding the site will be significantly
impacted, Table lA, contained in the Appendix, was created. This table indicates the
impact percentages on the area roadway network. According to the Significance Test
from Collier County Ordinance 3.15.6.4.3, the development traffic was compared to the
Level of Service Standard for Peak Hour - Peak Direction traffic conditions as defined by
Page 4
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Page 81 of 120
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COLLIER COUNTY EOC
. . . --. -.
Figure 3
Agenda Item No. 8e
July 26, 2005
Page 82 of 120
f[u3 til!))
the 2003 Collier County Annual Update Inventory Report (AUIR). The Level of Service
threshold volumes were obtained from the Collier County Transportation Planning Staff
and are attached in the Appendix of this report for reference. It should be noted that
Santa Barbara Boulevard along the project frontage was analyzed as a six-lane roadway
as a result of the six-laning of this link with an anticipated start date within Fiscal Year
2005. For this roadway link, the Level of Service threshold volumes were taken from the
FOOT Level of Service Handbook. Table 4-7, Generalized Peak Hour Directional
Volumes for Florida's Urbanized Areas, is attached in the Appendix of this report for
reference. Table 3 indicates the adopted Level of Service Standard for the surrounding
roadways.
.. . '.. Link Leyelof
.
Roadway From' To. Ser'Vice
.., '. , Standard'
Airport Pulling Rd County Barn Rd LOSD
/2,430 veh)
County Barn Rd Santa Barbara Blvd LOSD
Davis Boulevard /2,400 veh)
Santa Barbara Blvd Radio Rd LOSD
(1.090 veh)
Radio Rd Collier Blvd LOSD
(1,090 veh)
Livingston Rd Santa Barbara Blvd LOSD
Radio Road 12.030 veh)
Santa Barbara Blvd Davis Blvd LOSD
(2,120veh)
Golden Gate Pkwy Radio Rd LOSD
Santa Barbara Blvd (2,450 veh)
Radio Rd Davis Blvd LOSD
(2.450 veh)
Table 3
Collier County EOC
Level of Service Standard
VI. FUTURE TRAFFIC CONDITIONS
It was assumed that the proposed commercial site would be completed by the year 2007.
Therefore, the future background traffic volumes were calculated by growing the AUIR's
2003 peak hour volume for the significantly impacted roadway links to 2007 traffic
conditions based on the annual growth rate determined from the most recent Collier
Page 7
Agenda Item No. se
July 26, 2005
Page 830f 120
1lu3~
County Traffic Count Report. Table 2A in the Appendix of the report indicates the
methodology utilized to determine the 2007 peak hour, peak. direction traffic volumes for
the surrounding roadways. Based on the project distribution shown in Figure 2, the link
data was analyzed for the 2007 traffic conditions both with and without the Collier
County EOC development traffic.
Table 4 indicates the percent impact to the adopted Level of Service for each link within
the study area.
mpact to opte eve 0 ervlce tan ar
.. .. Level of .' Project Traffic
Roadway Link (ID #) Service Impact.to.Level
Standard of Service
- .. Impact % Standard
W. of County Barn Rd (# 16) 3% 0.5%
Davis Blvd W. of Santa Barbara Blvd (# 17) 3% 1.1%
W. of Radio Rd (# 18) 3% 1.6%
W. of Collier Blvd (# 18) 3% 1.6%
Radio Rd W. of Santa Barbara Blvd (# 79) 3% 1.3%
E. of Santa Barbara Blvd (# 80) 3% 0.4%
N. of Radio Rd (# 86) 3% 1.7%
Santa Barbara Blvd N. of Site (# 87) 3% 1.7%
N. of Davis Blvd (# 87) 3% 0.3%
Table 4
Collier County EOC
I Ad d L I f S . S d d
As can be seen from Table 4, no roadway links will be significantly impacted as
Figure 4 indicates the year 2007 peak. hour - peak. direction traffic volumes and Level of
Service for the significantly impacted roadway links in the study area. Noted on Figure 4
is the peak hour - peak direction volume and Level of Service of each link should no
development occur on the subject site and the peak hour - peak. direction volwne and
Level of Service for the weekday AM. and P.M. peak hours with the development traffic
added to the roadways.
As a part of the analysis required within this report, intersection analysis was required at
the project access points to Santa Barbara Boulevard. In order to determine the 2007
turning movement counts at the site access intersections, the appropriate D-factor was
utilized to convert the 2007 peak hour, peak season, peak direction traffic volume into an
Page 8
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Agenda Item No. se
July 26, 2005
Page 85 of 120
(lu3~
off-peak traffic volume. In addition, the website for the Calusa Park Elementary School
indicates that the school serves approximately 940 students. Therefore, a P.M. peak hour
trip generation calculation was performed based on Land Use Code 520 (Elementary
School). The P.M. peak hour of the Generator was assumed as the P.M. peak hour of the
adjacent street due to the lack of data during the P.M. peak hour of the adjacent street
traffic. The school traffic was then distributed to the site access intersection based on the
distribution indicated for this project. In addition, the project traffic indicated within
Figure 3 was added to the 2007 background traffic projections in order to obtain the 2007
buildout turning movements at the area intersections. Figure 5 indicates the resultant
2007 P.M. peak hour buildout turning movements at the surrounding intersections.
VII. PROJECTED LEVEL OF SERVICE AND IMPROVEMENTS
Figure 4 details the Level of Service for all links inside the project's area of influence.
These Levels of Service were derived based on the Level of Service thresholds indicated
within the Collier County ART-PLAN 4.0 Spreadsheets and Table 4-7 of the FDOT
Level of Service Handbook as previously indicated. Table lA in the Appendix details
the calculations to determine the Level of Service on the analyzed links based on the
build-out traffic conditions of the Collier County EOC site. Access to the site is being
provided via two full access points to Santa Barbara Boulevard.
According to the information indicated within Figure 4, all roadway links significantly
impacted as a result of the proposed Collier County EOC will operate acceptably when
the development traffic is added to the surrounding roadway network. All roadway links
will maintain a Level of Service at or better than the accepted Level of Service standard
according to Collier County. Therefore, no roadway link improvements will be required
as a result of the proposed Collier County EOC.
Intersection analysis was performed at the site access intersections to Santa Barbara
Boulevard intersection. These intersections were analyzed utilizing the latest version of
the HCS2000 software. The Santa Barbara BoulevardlCalusa Park Elementary School
access currently operates under signalized conditions. Attached in the Appendix of this
Page 10
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.. 000 WEEK DAY PM PEAK HOUR TRAFFIC
Agenda Item No. S
July 26, 2005
Page 86 of 120
N
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2007 P.M. PEAK HOUR
BUILD-OUT TURNING MOVEMENTS
Figure 5
Agenda Item No. se
July 26, 2005
Page 87 of 120
(bE [iffi)
report are the resultant HCS2000 data sheets. In order to illustrate the results of the
intersection Level of Service analyses, Table 5 was created. The Level of Service of each
intersection/intersection approach at the area intersections are shown in Table 7.
Table 5
Collier County EOC
I t t' LOS A I . R It
n ersec Ion nalYSIS esu S
. .. 2008 Background 20~8 Build-out
Intersection Approach
Level of Service Level of Service
Santa Barbara Blvd @ Calusa Park B B
Elementary School
Santa Barbara Blvd @ Site WB -- E
Access SB left -- C
Based on the intersection analysis results indicated within Table 5, no intersection
improvements beyond turn lane modifications at the site access driveways will be
required as a result of the addition of the proposed Collier County EOC development
traffic. No intersection approach that is directly impacted by the proposed Collier County
EOC development is shown to experience an adverse impact as a result of the added
development traffic.
Turn lanes will be required as a result of the proposed Collier County EOC development.
Currently, both a 580 foot northbound right turn lane and a 580 foot southbound left turn
lane exist on Santa Barbara Boulevard at the Calusa Park Elementary School entrance.
These turn lanes will remain sufficient after the addition of the Collier County EOC
development traffic.
In addition, a southbound left turn lane will also be required on Santa Barbara Boulevard
at the southern site access driveway as a result of the proposed development traffic. This
turn lane should consist of 265 feet of total distance. In addition, a northbound right turn
lane of 240 feet in length will be required at the southern site access as a result of the
Collier County EOC development. No additional turn lane improvements will be
required as a result of the proposed Collier County EOC.
Page 12
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Agenda Item No. se
July 26, 2005
Page 88 of 120
(lli3~
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VIII. CONCLUSION
The proposed Collier County EOC commercial development located on the east side of
Santa Barbara Boulevard between its intersections with Radio Road and Davis Boulev.ard
within Collier County, Florida will not adversely impact the existing roadway network.
The surrounding roadway network was analyzed based on the projected 2007 build-out
traffic conditions.
Based on the analysis contained within this report, no roadway links are anticipated to be
significantly impacted as a result of the added commercial development traffic.
Regardless, all roadway links analyzed as a result of this report are shown to operate
under acceptable Level of Service conditions when the development traffic is added to
the roadway network.
Intersection analysis was performed as a result of this analysis. Based on the results of
the intersection analysis, no intersection improvements will be required as a result of the
addition of the development traffic. All intersections/intersection approaches that are
directly impacted by the proposed Collier County EOC are shown to operate under
acceptable Level of Service conditions when the development traffic is added.
Turn lanes are required as a result of the proposed Collier County EOC. The existing
turn lanes on Santa Barbara Boulevard at the Calusa Park Elementary School will
continue to function acceptable upon the addition of the Collier County EOC traffic. A
southbound left turn lane on Santa Barbara Boulevard of 265 feet in length is required at
the site access intersection. In addition, a northbound right turn lane of 240 feet in length
is required on Santa Barbara Boulevard at the site access intersection as a result of the
added development traffic. No additional intersection improvements will be required as a
result of the proposed Collier County EOC development.
\lc\2004\03\24\report.doc
Page 13
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PUDZ-A2004-AR ~el11 No. se
PROJECT #199cJ?,ggJ 196~t?26
DATE: 12/1104
KAY DESELEM
Agenda Item No. se
July 26, 2005
Page 90 of 120
BEMBRIDGE EMERGENCY SERVICES COMPLEX
PUDZ - A - 2004 - AR - 5998; BEMBRIDGE PUD
REVISED APRIL 22, 2005
JUSTIFICATION OF DEVIATIONS
PUD SECTION IV (SUBSECTION 4.13)
Deviation #A - Deviation withdrawn.
Deviation #B seeks relief from Subsection S.05.08.C.2.c.i of the LDC which requires a
minimum area for window openings to be 30% of the facade. The developer will provide
10% for windows and openings. Because the building will be fully operational during a
category five hurricane, a large amount of glass is not feasible. In order to not appear
like a bunker, as other EOC's do, we are providing windows at non-critical areas of the
building, and allowing daylight in areas operating 24 hours, such as 911. Also, the floor-
to-floor heights are a factor limiting the percentage of windows. The ceiling height is 9'-
0" in most areas of the building. As mentioned above, the floor-to-floor heights allow for
a 9' plenum containing structure, technology, fire protection and HV AC ducts. Windows
would not be useful or desirable in the plenum space.
As discussed at the Planning Commission meeting, this facility is not a retail
establishment, nor is it an industrial occupancy. It is business occupancy. However, it
differs from other business occupancies in that it consolidates the most critical Collier
County departments and emergency services.
It was discussed that windows are available that meet 175 mph impact requirement.
However, even impact resistant windows are much more vulnerable than 8" thick
reinforced concrete. Any breach to the exterior shell of the building will be detrimental
to the interior operations of the facility. Two Emergency Operations Centers located in
coastal regions of Florida, the Broward County EOC, designed by Scharf & Associates
and Palm Beach County Emergency Services building, designed by Architect's Design
Group do not have any windows, and are therefore less likely to incur a breach than this
new state-of-the-art facility.
Although we compromise the security of the facility in the event winds exceed 175 mph,
we have taken into consideration the sensitivity to aesthetic design, and providing
daylight to some of the less-critical areas. In an effort to meet the intent of the code, we
have provided windows at every fa9ade corresponding to the function of the spaces
inside. At the primary fayade, openings and windows provide for 10% of the entire
f3.9ade area. It is our recommendation that the requirement of 30% windows remain a
deviation and that what is described above be taken into consideration.
Deviation #C - Deviation withdrawn.
Deviation #D seeks relief from Subsection 4.06.02.C.1 of the LDC, which requires a 10
foot wide Type A landscape buffer along the east boundary of ESC parking lot (school
retention pond). We're asking to deviate to 3 ft width. No hedge is required, however,
we propose a 2 ft hedge, growing to 3 ft to help off-set not meeting the width
List of Deviations
Bembridge PUD
April 22,2005
Page 1 of 2
Agenda Item No. se
July 26, 2005
Page 91 of 120
requirement. We are complying with the tree requirements. Landscaping that is removed
as a result of maintenance of the lake shall be replaced at the expense of the property
owner.
Deviation #E - Deviation withdrawn.
Deviation #F seeks relief from Subsection 5.06.06.C.l of the LDC - Signs, which limits
the number of signs to one pole or ground sign. Typical school signs include marquee
signs used for public information. Calusa Park Elementary School shall be permitted two
entry signs with one being a marquee sign for display of public information.
Deviation #G - Deviation withdrawn.
List of Deviations
Bembridge PUD
April 22.2005
Page 2 of2
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Agenda Item No. se
July 26, 2005
Page 92 of 120
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Agenda Item No. se
July 26, 2005
Page 93 of 120
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COASTAL
ENGINEERING
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INC
RECEIVED
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Agenda Item No. Be
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CIVil Engineering
Planning Services
Survey & Mapping
COO5101 Engineering
Real Estate ApPraisal
Webslte: www.coostclengineering.com
A CECI GROUP COMPANY
August 12, 2003
Mr. Robin Meyer
Principal Planner
Collier Count)' Planning Services Department
2800 North Horseshoe Drive
Naples. Florida 34104
RE: CU-AR-4051
EMS #19
Dear Mr. Meyer:
Thank you for taking time to meet with me on August 4 to discuss the petition for EMS #19 and
the proposed Emergency Operations Center (EOC) facility, both to be located in the Bembridge
Planned Unit Development (PUD). As we discussed on that day with MaIjorie Student,
Assistant County Attorney, and Ray Bellows, Chief Planner, it is my understanding that the
Conditional Use Petition for EMS #19 (CU-AR-4051) can he withdrawn and the County's
consulting engineer can proceed with the submittal of a Site Development Plan (SDP) for the
facility. The reason for this is a clause in the Bembridge PUD which allows essential services as
secondary or accessory uses. Since the EMS facility is classified as an essential service, we can
proceed to the SDP phase.
In contrast, it was the opinion of Ms. Student that an application or petition for the EOC facility
would be preceded by an amendment to the PUD. The reason for this is the elimination of the
primary use of the original POO (a maximum of 279 residential units) with an existing
elementary school, a proposed EMS facility, and an EOC facility. My understanding is that Ms.
Murray agrees with this opinion.
Please let me know if any of the facts (as 1 understand them) in this letter are incorrect. If I do
not hear anything to the contrary, I will assume that the County's consulting engineer can
proceed with an SDP application for EMS #19 and I can begin the process of amending the PUD
to ultimately allow construction of the EOC facility.
3106 S. Horseshoe Drive, Naples, Florido 34104 . Phone (239) 643.2324 Fax (239) 643-1143 . E-Mail: engcolller@Cecifl.com
SEP1'ING FLORIDA SINCE 1f1n
Mr. Robin Meyer
August t 2, 2003
Page 2
Agenda Item No. Be
July 26. 2005
COASiAl ENGINEERING CO~&Yki1~T& /MID
Thank you again for your patience and understanding during this process. If you have any
questions, please do not hesitate to contact me at (239) 643-2324 x120.
Sincerely,
r;:;NdE~::Z::;;S' INC.
Vincent A. Cautero, AlCP
Vice President
Planning Services
cc: Jack Crognale, Collier County Facilities Mgmt Dept.
Michael Faulhaber, AlA, BSSW
Jim Carr, Agnoli Barber & Brundage
Ray Bellows, Collier County Planning Services
Marjorie Student, Esq., Collier County Attorney's Office
Matt DuBois, TKW Engineering
Marvin Scharf, AlA, Sharf & Associates, Inc.
Jack Williams, AIA, Hammond Jolly Clees Toppe Architects, 'P.A.
dala\2002\023 J 9\8-12-03 r myer cu-ar-40511rr
January 26, 2005 612 PM
Richard & Jane Allen 215-295-7861
p.02
Agenda Item No. se
July 26, 2005
Page 97 of 120
TO:
Kay Deselem, Principal Planner
Collier County Development and Environmental Services Division
Department of Zoning and Land Development Review
FROM:
Richard L. Allen and Jane B. Allen
7360 St. lves Way, #2304
Naples, FL 34104
RE:
Petition PUDZ-A-2004-AR-5998
The Bembridge Emergency Service Complex PUD
DATE:
January 26, 2005
We strongly object to the development of the Bembridge Emergency Service
Complex We envision ambulances coming and going and possibly helicopters also.
Even now we find the noise from Santa Barbara intolerable during high traffic periods
and we rarely sit on our lanai because of that. This additional noise would be unbearable
for us.
We question the wisdom ofloeating such a facility so near to a school. We feel
the emergency traffic would endanger the children. We have had an experience in which
a helicopter crashed onto a playground killing many children.
Should this facility be built, the value of our property would be significantly
reduced.
We strongly urge that the above petition to change the zoning be withdrawn.
.------ - -" -----. -- ~--~-_.- .-.'-'---------
Agenda Item No. se
July 26, 2005
Pa of 120
Collier County Planning Commission
Attention: Susan Murray
2800 North Horseshoe
Naples, FL 34104
(tOUNTRlSIDEI
GOlf AND COUNTRY CLUB
April I, 2005
Dear Planning Commission:
This is a letter stating the position of Countryside's Master Board of Directors, the
governing body of our community. We want to voice our strong opposition of Santa
Barbara Boulevard as the site for the Collier County Emergency Operations Center. As
you know, this site is located in a residential neighborhood adjacent to Calusa Park
Elementary School. In order to meet legal requirements to build the EOC, zoning has to
be changed and variances to codes need to be granted.
According to recent newspaper reports, Emergency Management staff is going to
redesign the original proposed plans. However, comments attributed to the Collier
County Planning Commissioners still apply. Commissioner Mark Strain said, while
referring to the original plan, he liked the buildings design but had problems with the
location. Commissioner Bob Murray said the County should never have come forward
with such a fla\ved plan "they don't belong on that property". There is no other
building in the immediate area that has the height of the EOC. Commissioner Budd :mid,
"Increased building heights have a dramatic impact on local neighborhoods". He
also stated "any private developer that requested land use variances on this basis, would
be told that they were simply trying to squeeze too many buildings on too little
property".
We feel these statements still hold true. It appears the Santa Barbara Boulevard location
was selected as a matter of convenience and very little, if any thought was given to
looking for a more appropriate site where the zoning was compatible with intended use.
Commissioner, we at Countryside know this is a difficult decision. We feel there has to
be a more appropriate site, other than Santa Barbara Boulevard. We urge you to have
Emergency Management Staff find this location.
~~
Richard Kudelski
President, Countryside Master Board
cc: Countryside Master Board of Directors
William O'Connor, General Manager
Collier County Planning Commissioners
Mailing Address 600 Countryside Drive Naples, r~lorida 34104 (239) 353-1780:FAX (239) 353-3717
#;~
~
Agenda Item No. Be
July 26, 2005
Page 99 of 120
Collier County Citizen Corps Advisory Committee
Collier County Florida
\-\~
To: CoUier County Planning Commission
3301 Tamiami Trail, East
Naples, Florida 34113
Re: Collier County ESC Project
April 22- 2005
Dear Planning Commissionen,
As Chairmu ofne Collier County Citizen Corps aDd on behalf of it Dlemben,-Y-- --.
would like to take this opportunity to address a matter of high importance to the
citizens o( our County, the proposed new ESC Center.
The Collier County Citizen Corps Advisory Board was established by ordinaDee 02-56
in November 2002. Its purpose was to provide emergency preparedness eoonlination
and advice to the Board O(County Commissionen in response to President Bush's
request in the wake of 2801 9/11 strikiJIg our co_try. So.e twaaty one disaster
volunteer orpnizatiollJ as weD as muy County Emergaaey Responden make up
your County Citizen Corps.
Last years stonns have east in stone the need for an updated ESe Building tIIat will
provide the security, protection and response for the needs of the increasing growth of
our counties population needs in time of not only weather related disaster but also to
be prepared for ads of terror apin" our co..anity.
April 1, 2005 our county had an estimated 329,000 resideDts witb an estimate of some
453,000 when seasonal guest arrive. By October 1st some 7,000 ..ore will ~upy our
county.
Questions (rom residents in tbe area o( the proposed ESC have risen causing furiller ---
delay 00 tJUs needed project. Many of tJaese quesoollS have either heeD answered
within reason as weD as having tile building p.... re-adjusted. A recent news article of
area residents with objectioDs to the site amounted to about .02% of our counties in
season population of 453,000. The welfare and security of our county citizens must be
weighed by the overaU benefit to the majority of those it serves.
Dramatic: improvements to our c:ounties preparedness is making tremeDdous headway
especially after we aIIh.d a front row seat ia witnessing the effects of the past sto....
season, however there,is much mOft to do with out delay. Our ESe is badly Deeded.
~
Sincerely, ,^"~. '.'~.:~.' \" . '... ,.,~
/ flr'.J \ \ .\ :~.....--' "\.;.
Walter R. JUki~1iU :;-~// ", ~
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Agenda Item No. 8e
July 26, 2005
Page 100 of 120
ORDINANCE NO. 05-
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
COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZON1NG ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM
PLANNED UNIT DEVELOPMENT (PUD), TO
COMMUNITY FACILITIES PLANNED UNIT
DEVELOPMENT (CFPUD) FOR A PROJECT TO BE
KNOWN AS BEMBRIDGE ESC COMMUNITY
FACILITIES PUD, TO AMEND THE PUD DOCUMENT
AND MASTER PLAN TO SHOW A CHANGE IN USE
FROM RESIDENTIAL DEVELOPMENT AND A
CHURCH OR A NURSING HOME, TO ALLOW
DEVELOPMENT OF COMMUNITY FACILITIES TO
INCLUDE AN EMERGENCY MANAGEMENT
OPERATIONS CENTER, OTHER GOVERNMENT
FACILITIES, AND AN EXISTING ELEMENTARY
SCHOOL FOR PROPERTY LOCATED ON SANTA
BARBARA BOULEVARD, NORTIl OF DAVIS
BOULEVARD, IN SECTION 4, TOWNSHlP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 39.82:1: ACRES; PROVIDING FOR
THE REPEAL OF ORDINANCE NUMBER 98-06, AS
AMENDED, THE FORMER BEMBRIDGE PUD
ORDINANCE; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Coastal Engineering Consultants, Inc., representing Collier County Board
Of County Commissioners, petitioned the Board of County Commissioners to change the zoning
classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that;
SECTION ONE:
The Zoning Classification of the herein described real property located in Section 4,
Township 50 South, Range 26 East, Collier County, Florida, is changed from Planned Unit
Development (PUD) to CFPUD for a project known as the Bembridge PUD, to amend the PUD
document and Master Plan to show a change in use from residential development and a church or
a nursing home, to allow development of community facilities to include an Emergency
Operations Center, other government facilities, and an existing elementary school in accordance
with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by
reference made part hereof. The appropriate zoning atlas map or maps, as described in
Page 1 of 2
Agenda Item No. 8e
Julv 26. 2005
Page 101 of 120
Ordinance Number 2004-41, the Collier County Land Development Code, are hereby amended
accordingly.
SECTION TWO:
Ordinance Number 98-06 as amended, known as the Bembridge PUD, adopted on
October 13, 1998, by the Board of County Commissioners of Collier County, is hereby repealed
in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _ day of
,2005.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, CHAIRMAN
Approved as to Form and
Legal Sufficiency
Marjorie M. Student-Stirling
Assistant County Attorney
PUDZ-A-2004-AR -5998/KD/sp
Attachment: PUD Document
Page 2 of 2
Agenda Item No. se
July 26, 2005
Page 102 of 120
BEMBRIDGE EMERGENCY SERVICES COMPLEX
.A
COMMUNITY FACILITIES PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING BEMBRIDGE
EMERGENCY SERVICES COMPLEX, A COMMUNITY FACILITIES PLANNED
UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE
PREPARED FOR:
COLLIER COUNTY BOARD OF COUNTY COMMISIONERS
PREPARED BY:
Coastal Engineering Consultants, Inc.
3106 South Horseshoe Drive
Naples, Florida 34t04
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
Exhibit A
Revised April 29, 2005
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TABLE OF CONTENTS
Paee
List of Exhibits........ ........ .......... ..................... ......... ....... ..............3
Statement of Compliance.......... ........ ..... ..................... .... .......... .... 4
Section I Property Ownership and Description.......................... 5
Section II Project Development Requirements ........................... 7
Section III Community Facilities Areas Plan .............................10
Section IV General Development Commitments........................ 15
Agenda Item No. se
July 26, 2005
Page 103 of 120
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Agenda Item No. se
July 26, 2005
Page 104 of 120
LIST OF EXIDBITS
EXHIBIT A
PUD Master Plan
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Agenda Item No. Be
July 26, 2005
Page 105 of 120
STATEMENT OF COMPLIANCE
The development of approximately 39.82:l: acres of property in Collier County, as a
Community Facilities Planned Unit Development to be known as Bembridge Emergency
Services Complex Community Facilities Planned Unit Development (Bembridge ESC
CFPUD) shall be in compliance with the goals, objectives and policies of Collier County
as set forth in the Growth Management Plan (GMP), and implementing land development
regulations.
The Calusa Park Elementary School and auxiliary school facilities are subject to the
Interlocal Agreement adopted in May 2003. The Calusa Park Elementary School and
existing facilities shall also be considered consistent with the Growth Management Plan.
The land uses of the CFPUD will be consistent with the growth policies, land
development regulations and applicable comprehensive planning objectives of each of the
elements of the GMP for the following reasons:
1. The subject property is within the Urban Mixed Use, Urban Residential Subdistrict
Land Use Designation and located just north of Activity Center #6 as identified on the
Future Land Use Map. Government facilities and essential services are permitted
within this designation.
2. The subject property's location in relation to existing or proposed community
facilities and services permits the development's intensity as required in Objective 2
of the Future Land Use Element (FLUE).
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. The project development will result in an efficient and economical extension of
community facilities and services.
5. All tinallocal development orders for this project are subject to Sections 6.02.00 and
10.02.07 of the Collier County Land Development Code (LDC).
6. The Bembridge ESC CFPUD is compatible with and complementary to existing and
future surrounding land uses and is considered to be consistent with Policy 5.4 of the
FLUE.
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Agenda Item No. se
July 26,2005
Page 106 of 120
SECTION I
PROPERTY OWNERSIDP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be
developed under the project name of the Bembridge ESC CFPUD.
1.2 LEGAL DESCRIPTION
The subject property is currently known as the Bembridge PUD, which is
approximately 39.82::l: acres, located in Section 4, Township 50 South, and Range
26 East, and described as follows:
The Northwest 1/4 of the Southwest 1/4 of Section 4, Township 50 South, Range 26
East, Collier County, Florida.
Tax Folio Numbers: 00399840007,00400246406,00400246309
1.3 PROPERTY OWNERSIDP
The subject property is currently under the ownership of Collier County, 3301
Tamiami Trail East, Naples, FL 34112, and the Collier County School District,
5775 Osceola Trail, Naples, FL 34109.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The project is located on the east side of Santa Barbara Boulevard
approximately 2,906 feet south of Radio Road and 1,396 feet north of Davis
Boulevard.
B. The zoning classification of the subject property prior to the effective date of
this approved CFPUD Document was Planned Unit Development (PUD). That
PUD was approved by the Board of County Commissioners in 1998 (Ordinance
98-86) for residential and church use with a nursing home. Prior to that date it
was designated Agricultural.
C. Collier County Public Schools purchased 39.82::l: acres of the Bembridge PUD
in January 2000 to build the Calusa Park Elementary School. In 2001 and 2002,
Collier County purchased a 5.998::l: acre parcel and a 7::l: acre parcel from the
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School District of Collier County to build the ESC Center and EMS Station #19
and water management lakes.
D. The property has received the following approvals:
1. SDP approval for EMS Station #19 (SDP-2003-AR-4786), May, 2004.
1.5 PHYSICAL DESCRIPTION
The project site is located within the Lely Canal Sub-basin. Run-off from the site is
routed to the Davis Boulevard swale via an improved easement along the eastern
boundary of the Shoppes at Santa Barbara PUD, and then southerly from the Davis
Boulevard swale system along County Barn Road, around the Royal Wood
Development to a canal which is tied to the Lely Canal. The current permitted,
pumped discharge will be replaced by a system of interconnected lakes designed for
water quality treatment and run-off attenuation to pre-development rates. A water
management lake will be constructed by the Collier County Transportation Division
on five acres located in the southwest comer of this CFPUD, which will serve Santa
Barbara Boulevard (6-lanes), the ESC facilities (EMS Station #19 and Sheriff's
Operation Center), and Calusa Park Elementary School. An existing detention lake
is located in the central area of the CFPUD on the elementary school site.
Elevations within the project site range from 9.5 to 10.5 feet above mean sea level.
The site is within Flood Zone "X" as shown on FEMA Firm Panel 120067 0415.
The soils on this site are primarily Boca fine sand and Pineda fine sand and are
modified by development of the site.
1.6 PROJECT DESCRIPTION
The Bembridge ESC CFPOO is a multi-use project. Major uses consist of those
related to public safety (emergency operations facility and emergency medical
services), the existing Calusa Park Elementary School and related auxiliary school
facilities, and water management facilities which will serve these facilities and
Santa Barbara Boulevard.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the ''Bembridge ESC Community
Facilities POO Ordinance."
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July 26,2005
Page 108 of 120
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, and the respective land
uses of the tracts included in the project, as well as other project relationships.
2.2 GENERAL
A. Regulations for development of the Bembridge ESC CFPUD shall be in
accordance with the contents of this Document, CFPUD-Planned Unit
Development District and other applicable sections and parts of the Collier
County LDC and GMP in effect at the time of building permit application.
Where these regulations fail to provide developmental standards, then the
provisions of the most similar district in the County LDC shall apply to the ESC
Tracts "A" and "B". Tract "C", Calusa Park Elementary School and auxiliary
facilities are subject to the Interlocal Agreement between the Collier County
School District and Board of County Commissioners adopted in May 2003.
B. Unless otherwise noted, the definitions of all terms in this CFPUD Document
have the same meaning as the definitions set forth in Collier County LOC.
C. All conditions imposed and all graphic material presented depicting restrictions
for the development of the Bembridge ESC CFPUD shall become part of the
regulations that govern the manner in which the Bembridge ESC CFPUD site
shall be developed.
D. Unless approved as a deviation in this CFPUD Document, the provisions of
Section 10.02.03.A.3.a. and b. of the Collier County LDC and the Interlocal
Agreement (Adopted May 2003), where applicable, remain in full force and
effect with respect to the development of the land which comprises the
Bembridge ESC CFPUD.
E. The CFPUD Master Plan is illustrated graphically as Exhibit A. A Land Use
Summary indicating approximate land use acreages is shown on the Plan. The
location, size and configuration of the individual water management features
and development tracts shall be determined at the time of final site development
plan approval with minor adjustments at the time of final plan approval, in
accordance with Section 10.02.03. of the LDC.
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2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The layout of streets and use of land for the various tracts is illustrated
graphically by Exhibit A, CFPUD Master Plan. There shall be two land use
tracts (Tracts "A" and "C") with necessary water management lakes, street
rights-of-way, the general configuration of which is also illustrated by Exhibit
A. Tract "A" represents the future Emergency Operations building and the
Emergency Management Services building and related facilities. Tract "C"
represents the existing Calusa Park Elementary School. An additional
development tract, Tract "B", represents the lake and lake expansion area which
will provide detention for stormwater run-off from the ESC facilities and the
Santa Barbara Boulevard road improvements.
B. In addition to the various areas and specific items shown on Exhibit A, such
easements as necessary (utility, private, semi-public, etc.) shall be established
within or along the various tracts as may be necessary.
2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
The Emergency Services Complex main building shall be a maximum of 132,500
square feet. The EMS Station #19 shall not exceed 6,000 square feet. Ancillary
uses, such as heating, cooling, air conditioning mechanical equipment buildings and
radio tower equipment areas, do not count towards this building area allocation.
2.5 RELA TED PROJECT PLAN APPROVAL REQUIREMENTS
A. Final plans for all required improvements shall receive approval of the
appropriate Collier County governmental agency to insure compliance with the
Bembridge ESC CFPUD Master Plan, the Collier County Subdivision Code,
and the platting laws of the State of Florida.
B. Exhibit A, Bembridge ESC CFPUD Master Plan constitutes the required PUD
development plan.
C. The provisions of Section 10.02.03 of the Collier County LDC, when
applicable, shall apply to the development of all platted tracts, or parcels of land
as provided in said Section prior to the issuance of a building permit or other
development order.
D. Appropriate instruments shalI be provided at the time of infrastructural
improvements regarding any dedications and method for providing perpetual
maintenance of common facilities.
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July 26,2005
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2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the CFPUD as provided in the Collier County LOC,
Section 10.02.13.E.
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July 26, 2005
Page 111 of 120
SECTION In
COMMUNITY FACILITIES PLAN
3.1 PURPOSE
The purpose of this Section is to identifY permitted uses and development standards
for areas so designated on Exhibit A, Bembridge ESC CFPUD Master Plan.
3.2 GENERAL DESCRIPTION
The CFPUD provides for a maximum of 132,500 square feet of building area for
permitted and accessory emergency operations uses as well as the existing Calusa
Park Elementary School, on 39.82:t acres. Ancillary uses, such as HV AC and radio
tower equipment areas, do not count towards this building area allocation.
3.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Educational plants (Tract "C")
2. Emergency management operations center and associated facilities (Tract
"A")
3. Emergency operations center (Tract "A")
4. Emergency medical services (Tract "A")
5. Emergency medical services warehouse (Tract "A")
6. Clerk's management information system (MIS) (Tract "A")
7. Information technology facilities (Tract "A")
8. Sheriff's office substation (Tract "A")
9. Sheriff's 9-1-1 / communications center (Tract "A")
10. Traffic operations section (Tract "A")
II. Communications TV studio and media briefing facilities (Tract "A")
12. Administrative service facilities (Tract "A")
13. Essential public service facilities (Tract "A")
14. Safety service facilities (Tract "A")
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B. Uses Accessory to Permitted Uses:
1. Accessory uses and structures customarily associated with the principal
uses.
2. Residential and commercial uses of an accessory nature which are
incidental and customarily associated with support of a primary public use .
on the site for public purposes and which are consistent with the GMP.
3. Temporary use of the site for public purposes in accordance with Section
1O.02.06.G. of the LDC.
4. Communication towers up to 175 feet above ground (AGSL) (Tract "A").
5. Parking facilities (Tract "A" and "C").
6. Incinerators, HV AC plants and other like facilities (Tract "A" and "C").
7. Major maintenance and service facilities (Tract "A" and "C")
3.4 DEVELOPMENT STANDARDS
A.
Minimum Lot Area:
None required.
B.
Minimum Lot Width:
None required.
C. Minimum Yards:
1. Principal & Accessory Structures
a.
Perimeter of CFPUD
abutting residentially
zoned property.
Fifty (50) feet or Y:z the building
height, whichever is greater.
b.
Perimeter of CFPUD
abutting non residentially
zoned property.
Twenty-five (25) feet or ]12 the building
height, whichever is greater.
c.
Waterfront
Zero (0) feet to bulkhead or
rip-rap at top or bank, otherwise
20 feet.
d. The proposed telecommunications tower shall conform to the
requirements of Section 5.05.09.G.7.b. of the LDC. Such tower
shall maintain a distance from any residential property boundary
equivalent to at least the height of the tower.
D. Distance Between Principal Structures on the Same Parcel:
A minimum of 15 feet or one-half the sum of the building heights as
measured by the closest exterior building walls, whichever is greater.
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E. Distance Between Accessory Structures on the Same Parcel:
A minimum of 10 feet between detached accessory structures and between
accessory structures and principal structures.
F. Maximum Building Height:
I. Principal buildings shall not exceed 72 feet ill height or 5 stories,
whichever is less.
2. Accessory structures, excluding the telecommunications tower, shall not
exceed 50 feet in height. The telecommunications tower shall be limited
to 175 feet in height except where it may be increased by conditional use
approval.
3.5 PROVISIONS FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation and stockpiling of earthen material in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted.
Off-site disposal is also hereby permitted subject to the following conditions:
A. Excavation activities shall comply with "clear and fill" application requirements
pursuant to Subsection 4.06.04.A.I.a.iii of the LDC. Off-site removal shall be
limited to 10% of the total volume excavated, but not to exceed 20,000 cubic
yards as set forth in the Collier County Code of Laws and Ordinances.
B. All other provisions of the Collier County Code of Laws and Ordinances, shall
apply.
3.6 LANDSCAPE BUFFERS. BERMS. FENCES. AND WALLS
The following standards shall apply:
A. Landscape berms shall have the following maximum side slopes:
1. Grassed berms 4: I
2. Ground cover berms
Perimeter 3: I
Internal to project 3:1
3. Structural walled berms - vertical
B. Landscape buffers, berms, gates, fences and walls may be constructed within
the landscape buffer tract along the perimeter of the Bembridge ESC CFPUD
boundary prior to preliminary subdivision plat and site development plan
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submittal. Sidewalks shall meet the requirements of Section 4.06.02.D.4 of the
LDC. Landscape and irrigation plans shall be submitted to Collier County
Community Development and Environmental Services (CDES) for approval
prior to construction.
C. Pedestrian sidewalks and/or bike paths, water management systems, drainage
structures, and utilities may be allowed in landscape buffers as permitted by
Section 4.06.02.D.4. of the LDC.
3.7 DESIGN GUIDELINES AND STANDARDS
The Bembridge ESC CFPUD is intended to encourage ingenuity, innovation and
imagination in the planning, design and development or redevelopment of relatively
large tracts ofland as set forth in Section 2.03.06. of the LDC.
3.8 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Bembridge
ESC CFPUD. General permitted uses are those uses which generally serve the
facilities.
A. General Permitted Uses:
1. Essential services as set forth under Section 2.01.03. of the LDC.
2. Water management facilities and related structures.
3. Lakes, including lakes with bulkheads or other architectural or structural
bank treatments.
4. Guardhouses, gatehouses, and access control structures.
5. Community and neighborhood parks, recreational facilities, and sidewalks,
with or without cupolas and benches.
6. Temporary construction and administrative offices for authorized
contractors and consultants, including necessary access ways, parking areas
and related uses.
7. Landscape features including, but not limited to, landscape buffers, berms,
fences and walls subject to the standards set forth in Sections 3.6 and 4.12 of
this CFPUD.
8. Fill storage subject to the standards set forth in Section 3.5 of this CFPUD.
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3.9 SIGNAGE
All signs shall be in accordance with Section 5.06.00 of the LDC with the exclusion
of signs for Calusa Park Elementary School which are subject to the provisions of
Section 1O.02.03.A.3.a. and b. of the Collier County LDC and the lnterlocal
Agreement of May 2003. Two entry signs for the Calusa Park Elementary School
shall be permitted, if one is a marquee sign.
3.10 SIDEWALKSIBIKEPATHS
A. Pursuant to Section 6.06.02 of the LDC and Section 3.6 and 4.9 of the
Bembridge ESC CFPUD, sidewalkslbikepaths shall be permitted as follows:
1. An internal sidewalk shall be permitted within drainage easements.
2. Sidewalks may be located outside platted rights-of-way when
located within a separate sidewalk easement.
3. Sidewalks may be located within landscape buffers and/or
easements.
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July 26, 2005
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SECTION IV
GENERALDEVELOPMENTCO~TMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
Bembridge Emergency Services Complex CFPUD.
4.2 GENERAL
All facilities shall be constructed in strict accordance with final site development
plans and all applicable State and local laws, codes, and regulations applicable to
this CFPUD in effect at the time of site plan submittal with the exclusion of Calusa
Park Elementary School which is subject to the requirements Section
1O.02.03.A.3.a. and b. of the LDC and the Interlocal Agreement of May 2003.
Except where specifically noted or stated otherwise, the standards and
specifications of Chapter 4 of the LDC shall apply to this project. The developer,
its successor and assigns, shall be responsible for the commitments outlined in this
Document.
The developer, its successor or assignee, shall follow the Master Plan and the
regulations of the CFPUD as adopted, and any other conditions or modifications as
may be agreed to in the rezoning of the property. In addition, any successor or
assignee in title to the developer, is bound by the commitments within this
Document.
4.3 CFPUD MASTER PLAN
A. The Bembridge ESC CFPUD Master Plan (Exhibit A) is an illustration of the
conceptual development plan. Tracts and boundaries shown on the plan are
conceptual and shall not be considered final. Actual tract boundaries shall be
determined at the time of site development plan approval.
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.
4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET
PROVISION
A. Sunsetting: The Bembridge ESC CFPUD shall be subject to the sunset
provisions of Section 10.02.13.D of the LDC, as amended.
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B. Monitoring Report: An annual PUD monitoring report shall be submitted
pursuant to Section lO.02.l3.P of the LDC.
4.5 ENGINEERING
A. Except as noted in this PUD Document, all project development shall be
consistent with Chapters 4 and 10 of the LDC.
4.6 UTILITIES
A. Water distribution, sewage collection, and transmission systems shall be
constructed throughout the project by the developer. Potable water and sanitary
sewer facilities constructed within platted rights-of-way or within dedicated
County utility easements shall be conveyed to Collier County, pursuant to
Collier County Ordinance 04-31, as may be amended.
B. Upon completion of the utility facilities, the facilities shall be tested to insure
they meet Collier County utility construction requirements in effect at the time
construction plans are approved.
4.7 WATER MANAGEMENT
A. A SFWMD surface water management permit shall be obtained pnor to
approval ofthe site development plan.
B. An excavation permit shall be required for the proposed lakes in accordance
with the Collier County Code of Laws and Ordinances. All lake dimensions
shall be approved at the time of excavation permit approval.
4.8 ENVIRONMENTAL
A. A minimum of thirty (30) percent open space of the gross area of the site, as
described in Section 4.02.01.B of the LDC, shall be provided.
B. An exotic vegetation removal, monitoring and maintenance plan for the site,
with emphasis on the preserve/open space areas, shall be submitted to the
Department of Environmental Services Staff for review and approval prior to
final site plan/construction plan approval.
C. This CFPUD shall be consistent with the Environmental Sections of the Collier
County GMP and the Collier County LDC in effect at the time of final
development order approval.
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D. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rwes and be subject to review and approval by
the Environmental Services Review Staff. Removal of exotic vegetation shall
not be counted towards mitigation for impacts to Collier County jurisdictional
wetlands.
E. All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted
prior to fmal plan/construction plan approval.
4.9 TRANSPORT A TION
A. All traffic control devices, signs, pavement markings and design criteria shall be
in accordance with Florida Depar1ment of Transportation (FDOT) 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 meet the requirements
of the Collier County LDC .
B. Arterial level street lighting shall be provided at all access points. Access
lighting shall be in place prior to the issuance of the first certificate of
occupancy (CO).
C. All work within Collier County rights-of-way or public easements shall require
a right-of-way permit.
D. The development shall be designed to promote the safe travel of all roadway
users including bicyclists, and shall provide for the safety of pedestrians
crossing said roadways. Sidewalks shall be separated from vehicular traffic in
accordance with recognized standards and safe practices, as determined by
Collier County Transportation Services Staff
4.10 ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously with or following the
construction of the principal structure, except for a construction site administrative
office.
4.11 SIGNS
Two entry signs for the Calusa Park Elementary School shall be permitted if one is
a marquee SIgn.
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4.12 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with Section
4.06.00 of the LDC in effect at time of building permit application, except where a
deviation is provided herein.
4.13 DEVIATIONS FROM LAND DEVELOPMENT CODE
A. Deviation withdrawn
B. Subsection 5.05.08 ofthe LDC - Windows and facades
Deviation from Subsection 5.05.08 C.2.c.i. of the LDC, architectural requirements,
which requires glazing covering at a minimum of 30 percent of the affected fa~ades
facing collectors and arterial streets, and from fa~ade window requirements. The
developer shall provide 10 percent.
C. Deviation withdrawn
D. Subsection 4.06.02.C.l of the LDC - Buffers
Deviation from Subsection 4.06.02.C.l of the LDC, which requires a 10 foot wide
buffer along the east boundary of ESC CFPUD. Along Tract A there is
approximately 3 feet available between the edge of pavement and tract boundary.
The developer shall plant a single row hedge in this strip. Landscaping that is
removed as a result of maintenance of the lake shall be replaced at the expense of
the developer.
E. Deviation withdrawn
F. Subsection 5.06.00 of the LDC - Signs
Deviation from Subsection 5.06.06.C.I of the LDC, which limits the number of
signs to one ground sign or one pole sign. Calusa Park Elementary School shall be
permitted two entry signs with one being a marquee sign for display of public
information.
G. Deviation withdrawn
G:\Current\Deselem\PUD Rezones\Bembridge Ese PUD, PUDZ-A-2004-AR-5998\PUD documents and exhibits\PUD Doc 18
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EXECUTIVESU~Y
Agenda Item No. 80
July 26, 2005
Page 1 of 54
~
Recommendation to approve an Ordinance Amending Ordinance No. 92-60
relating to Tourist Development Taxes, as amended, for the Increase of 1 % to
the Collier County Tourist Development Tax to be dedicated 1000/0 to
marketing, advertising and promotion and related language changes.
OBJECTIVE: To approve ordinance amending Ordinance No. 92-60 relating to Tourist
Development Taxes, as amended, for the increase of 1% to the Collier County Tourist
Development Tax.
CONSIDERATIONS: The TDC and BCC have discussed on several occasions the possibility
of increasing the tourist development tax to 4%. In a joint workshop with the BCC and IDC in
December 2002 and again in December 2003 this possibility was debated. The 2003 discussion
led to a fonnal review of this proposal in January 2004 with a TDC workshop and a presentation
to the County Commission in February 2004. In all the previous discussions, there was not
sufficient support from the Collier COWlty lodging industry to warrant the BCC pursuing the
matter .
~
In all of these discussions the goal has been to bring the amount of funding for visitor promotion
of Collier County to a competitive level. Each year, our area loses some of its market share of
the visitor market to other more aggressive destinations. With only 16% of the total tourist tax
fund going to promotion of our destination, our ability to compete in a highly volatile visitor
market is limited. Most destinations in Florida, and across the U.S., dedicate approximately 50%
of their revenue to promotion. Our most important tourism asset is our beaches and we must find
ways to tell more potential visitors about those award-winning beaches and visitor attractions.
During discussions from January to June 2005, the IDC and BCC have reviewed various
proposals to increase the amount of advertising and promotional dollars for tourism. The one
consistent message has been that we need a dedicated, sustainable source of funding for
advertising and promotion, and to reimburse the Emergency Advertising Fund. The addition of a
fourth percent, dedicated 100% to this use could be that source.
The proposal as reviewed and recommended by the Tourist Development Council (IDC) on
June 27,2005 is as follows:
1. A fourth percent of tourist tax would generate approximately $3.3 million based on the
current levels oftourist tax collections.
2. That new fourth percent would be dedicated 100% to marketing Collier County as a
visitor destination including advertising, promotion, public relations and research.
.,..--
3. The 23.236% of the first two percent (Category "B") that is currently allocated to
advertising, promotion and administration would be used as follows:
a. Tourism Department Administrative expense currently at $725,000 would stay in
Category "B" and remain at approximately 32% of total budgeted dollars.
b. $750,000 to the Disaster Recovery Advertising (Fund No. 196) in FY 06 and an
additional $750,000 in FY 07 and maintain a maximum of$1.5 in the future.
c. Any remaining dollars from the 23.236% portion of the first two percent
(Category "B") would be distributed at the end of each fiscal year as follows:
* 66% to Category "A" Beach & Inlet Projects
* 34% to Category "A" Beach Access Projects
Agenda Item No. 80
July 26, 2005
COUNTY ATTORNEY FINDING: Allowable uses ofthe fourth percent of Tourist Page 2 of 54
Development Tax per Florida Statute 125.0104 are:
1. promote and advertise tourism
2. Develop and operate a convention center or professional sports franchise facility and the
retirement of bonds for those purposes.
The statute further states:
1. The' County may impose up to an additional 1 % tax to promote and advertise in the State
of Florida and nationally and internationally.
2. The adoption of the fourth percent is by majority vote of the BCe.
3. The additional tax would be collected the first day of the second month following
adoption of the new ordinance.
ADVISORY COMMITTEE RECOMMENDATIONS:
The Coastal Advisory Committee (CAe) reviewed this proposal on June 9,2005 and
recommended approval (6 to 1).
The Collier County Lodging Association on June 24 tabulated a survey oftheir members and
supported the fourth percent proposal (6-5) with some reservations about how future
Commissions might reallocate the first two percent for non-promotional uses.
,-..
The Tourist Development Council (IDC) on June 27, 2005 voted unanimously (6-0) to
recommend approval of the fourth percent of tourist tax to the Board of County Commissioners
as follows:
1. New 4th Percent dedicated 100% to marketing, advertising and promotion
2. The existing 23.236% of the first 2% currently used for advertising and promotion and
administration to be used as follow:
a. Pay all administrative expenses - currently $725,000 - not exceed the current
percent of those expenditures against total revenue for Category "B"
($725,000/$2,231,000=32% )
b. Reimburse the Emergency Advertising Reserve (Fund 196) to $750,000 in FY 06
and an additional $750,000 in FY 07 and maintain $1,500,000 level for the future
c. Distribute at the end of each Fiscal Year any excess funds after the above two
uses are fulfilled as follows:
i. 66% to beach and inlet projects
ii. 34% to beach access projects
Per law this Ordinance Amendment was advertised for public hearing ten (10) days prior to the
July 26, 2005 BCC meeting.
FISCAL IMPACT: The fourth percent would generate approximately $3.3 million based on
FY 04 actual collections.
GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan
related to this action.
,-..
RECOMMENDATION: For the Board of County Commissioners to approve an Ordinance
Amending Ordinance No. 92-60 relating to Tourist Development Taxes, as amended, for the
increase of 1 % to the Collier County Tourist Development Tax to be dedicated 100% to
marketing, advertising and promotion and maintain the current 23.236% of the first two percent
of the tourist tax for tourism department administrative costs, reimbursement of the Emergency
Advertising Fund and distributing excess funds above the above mentioned uses in this category
to beach and inlet and access projects.
PREP ARED BY: Jack Wert, Tourism Director
Agenda Item No. 80
July 26, 2005
Page 3 of 54
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
80
Meeting Date
This Item to be heard at 500 p.m Recommendallon to approve an Ordinance Amending
Ordinance No. 92-60 relatlllg to Tounst Development Taxes, as amended. for the IIlcrease
of 1 % to the Collier County Tounst Development Tax to be dedicated 100% to marketlllg.
advertislIlg and promotion and related language cl1anges
7/26/200590000 AM
Approved By
Jack Wert
Tourism Director
Dale
County Manager's Office
Tourism
7111/200510:18 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
7111/200511 :20 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
7'1112005 4: 11 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
711812005 8: 24 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
7118120051:22 PM
Agenda Item No. 80
July 26. 2005
RevPil!JM~5Jf 54
ORDIHAHCE NO. 2005-
AN ORDINANCE AMBNDDlG ORDINANca NO. 92-60, AS
AMENDED, ALSO CITED AS SJ:C'l'ION 126-83 01' TD
COLLIER COON'l'Y CODE 01' LAWS AND ORDINANcas,
RELATING TO THE LEVY 01' A 2% TOURIST
DEVELOPMENT TAX AND AN ADDITIONAL 1% TAX (31lD
PBRCBN'.r) THROUGHOUT COLLIER COON'l'Y PURSWUIT
TO TD LOCAL OPTION TOURIST DEVELOPMENT ACT,
SECTION 125.0104, FLORIDA STATOTES, AS
AMENDED; PROVIDING FOR ADOPTION 01' AN
ADDITIONAL 1% (CD PERCENT) TOURIST
DEVELOPMENT TAX TO BE USED FOR TOURISM
PRC>><<>TION; PROVIDING FOR AMENDMENT CONCERNING
THE USE 01' A PORTION 01' CATEGORY B TOURISM
FONDS FOR 'l'OOlUSN ~ION ADMINISTRATIVE
COSTS AND DISASTER RECOVERY ADVERTISING WJ:'1'B
REMAINING FONDS TO BE DISTRIBtJ"l'ED TO CATBGORY
A USES; PROVIDING FOR CONFLIC'l' AND
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE
OF LAWS AND ORDIHAHCl:S; AND PROVIDING FOR AN
EI'I'J!:CTIVE DATE.
WHEREAS, Section 125.0104, Florida Statutes, provides for
the levy of a local option tourist development tax by any county;
and
WHEREAS, the Board of County Commissioners enacted Ordinance
No. 92-60, which levied and imposed a 2% tourist and development
tax throughout Collier County for the purposes permitted in
Section 125.0104, Florida Statutes, as amended; and
WHEREAS, the Board of County Commissioners amended Ordinance
No. 92-60 on October 24, 1995 by adopting Ordinance No. 95-56 to
levy an additional 1% (3rd percent) tourist development tax; and
WHEREAS, the Board of County Commissioners by majority vote
desires to adopt an additional 1%
(4th percent)
tourist
development tax to be used to fund tourism promotion; and
WHEREAS, the Board of County Commissioners of Collier
County, by an extraordinary vote, desires to amend the uses of
tax revenue and the tourist development plan; and
WHEREAS, the proposed amendments were presented to and
approved by the Collier County Tourist Development Council.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
1 -
Words underlined are added; words slRJek lhANgh are deleted.
Agenda Item No. 80
Jl~Y 26,2005.
RevPlijWQ50f 54
SECTION on: AMBNDMENT TO SECTION 'l'IfO 01' COLLIER COUNTY
ORDINANCE NO. 92-60, AS AMBNDBD
Section Two is hereby amended to read as follows:
Section Two - Tourist Development Tax
A. There is hereby levied, imposed and set a tourist
development tax throughout the geographic area of Collier County,
Florida at a rate of two percent (2%) of each whole and major
fraction of each dollar of the total consideration charged every
person who rents, leases or lets for consideration any living
quarters or accommodations in any hotel, apartment hotel, motel,
resort motel, apartment, apartment motel, rooming house, mobile
home park, recreational vehicle park, or condominium for a term
of six (6) months or less, as provided in Section 125.0104(3) (a),
Florida Statutes, as amended, unless such person rents, leases,
or lets for consideration any living quarters or accommodations
which are exempt according to the provisions of Chapter 212,
Florida Statutes.
When receipt of consideration is by way of
property other than money, the tax shall be levied and imposed on
the fair market value of such non-monetary consideration.
B. The tourist development tax shall be in effect until
repealed by the Board or repealed by referendum pursuant to
Section Ten herein and shall be in addition to any other tax
imposed pursuant to Chapter 212, Florida Statutes, and in
addition to all other taxes, fees and the considerations for the
rental or lease.
C. The tourist development tax shall be charged by the
person receiving the consideration for the lease or rental, and
it shall be collected from the lessee, tenant, or customer at the
time of payment for the consideration for such lease or rental.
D. Pursuant to Chapter 212, Florida Statutes, the State of
Florida, Department of Revenue shall keep records showing the
amount of taxes collected, which shall also include records
disclosing the amount of taxes collected for and from each county
in which the tax authorized by this act is applicable.
These
records shall be open for inspection during the regular office
2.
Words underlined are added; words slliulll( !bre. are deleted.
Agenda Item Nc. 80
Jl~ly 26. 2005
RevRa~lI~of 54
hours of the said Department of Revenue subject to the provision
of Section 213.053, Florida Statutes.
E. Pursuant to Section 125.0104(10), Florida Statutes, the
Collier County Tax Collector shall be responsible for the
collection and administration of the tax.
Collections received
by the Tax Collector shall be placed in the county tourist
development trust fund, which shall be established by resolution
of the Board of County Commissioners prior to receipt of any tax
revenues collected pursuant to this Ordinance.
F. Pursuant to Section 125.0104(3) (d), Florida Statutes,
the Board of County Commissioners by an extraordinary vote hereby
levies, sets and imposes an additional 1% tourist development tax
(3rd percent) to be collected in the same manner as the 2% tax
collected pursuant to this Ordinance.
G. Pursuant to Section 125.0l04(3(} (I), Florida Statutes,
the Board of County Commissioners by a maiority vote hereby
levies, sets and imposes an additional 1% tourist development tax
(4 th percent) to be collected in the same manner as the 2% tax
collected pursuant to this Ordinance.
SEC'l'ION TWO: AMENDMEN'l' 'l'O SEC'l'ION THREE OF COLLIER COUNTY
ORDDlANCB NO. 92-60, AS AMBRDBD
Section Three is hereby amended as follows:
Section Three - Uses of Tax Revenues.
(a) The tax revenues received pursuant to this division shall
be used to fund the county tourist development plan, which is
hereby amended as follows:
Tourist Development Plan
The
two
percent
tourist
development
tax was
levied
throughout Collier County beginning the first day of the second
month following approval of this Ordinance by referendum. The
tax district includes the entire geographic area of Collier
County, Florida.
The anticipated revenue for a two percent
tourist development tax for all of Collier County over a 24-
month period was Seven Million Dollars ($7,000,000.00), less
costs of administration.
The additional one percent tourist development tax (3rd
percent) was levied throughout Collier County beginning the first
3 -
Words underlined are added; words lIWek 1iIrellgk are deleted.
Agenda Item No 8D
Jl,j,IX 2(L2005.
Revpa~!!ll6uf 54
A majority of the electors of Collier
day of January, 1996.
County voting in a straw referendum election approved the
continuation of the additional one percent tourist development
tax prior to June 30, 2000, therefore the additional one percent
tourist development tax shall continue until terminated by an
The tax district shall include the
amendment to this ordinance.
entire geographic area of Collier County, Florida.
The additional tourist development tax (4th percent) shall
be used to finance tourism promotion as provided herein. The tax
County, Florida.
district shall include the entire geographic area of Collier
(1) The categories of use of the two percent, one percent
(3rd percent) and additional one percent (4th percent) tax
revenues by specific project or special use are hereby
listed in the order of priority:
CATEGORY A -
CATEGORY B -
CATEGORY C -
To finance beach park facilities or beach
improvement, maintenance, renourishrnent,
restoration and erosion control, including pass
and inlet maintenance, shoreline protection,
enhancement, cleanup or restoration of inland
lakes and rivers to which there is public access
as these uses relate to the physical preservation
of the beach, shoreline or inland lake or river.
Percentage of
Net revenue
50% of the 2% tax and
of the 1% tax
percent}, reduced by
amount required
Category D.
100%
( 3rd
the
for
To promote and advertise county tourism within the
State of Florida, nationally and internationally,
which encourages tourism with an emphasis on
off-season visitors to Collier County and to fund
convention bureaus, tourist bureaus, tourist
information centers and news bureaus as county
agencies. If tax revenues are expended for an
activity, service, venue or event, the activity,
service, venue or event shall have as one of its
main purposes the attraction of tourists as
evidenced by the promotion of the activity,
service, venue or event to tourists.
Percentage of
Net revenue
23.236% of the 2% tax and
100% of the additionar-I%
tax (4 en percent)
To acquire, construct, extend, enlarge, remodel,
repair, improve, maintain, operate or promote one
4-
Words underlined are added; words sVuek dire. are deleted.
Agenda Item No 80
Julv 26,2005
Rev ~W~of 54
or more County owned or operated museums or
municipal owned museums or museums that are owned
and operated by not for profit organizations and
open to the public.
Percen tage of
Net revenue
26.764% of the 2% tax. This
amount may be amended
upwardly or downwardly
prospectively from the date
of the bUdget amendment
approval, provided that the
amount of the aggregate
allocation per fiscal year
budget amendment does not
exceed 26.764% of the 2%
tax.
Sub-categories:
C (1) :
County owned or operated
Museums: 22%
C(2) :
Municipal owned museums
and Museums owned and
operated by not for profit
organizations open to the
public: 4.764%
CATEGORY D -
To acquire, construct, extend, enlarge, remodel,
repair, improve, maintain, operate or promote one
or more fishing piers which are publicly owned and
operated.
Percentage of
Net revenue
Amount budgeted for this
Category by the Board of
County Conunissioners each
fiscal year, but not to
exceed $200,000. This amount
may be amended upwardly or
downwardly prospectively
from the date of the budget
amendment approval, provided
that the amount of the
aggregate allocation per
fiscal year does not exceed
$200,000.
It is the intent of this division that the above uses shall be
funded separately, but simultaneously in the above percentages
regardless of the actual amount of net revenues collected.
(2) The
additional
one
percent
tax
revenues
( 3rd
percent) collected pursuant to Section TWO (F) shall be used to
finance beach park facilities, beach improvement, maintenance,
renourishment, restoration and erosion control including pass and
inlet maintenance shoreline protection, enhancement, cleanup or
S-
Words underlined are added; words slfUek limIlIgII are deleted.
Agenda Item No 80
J~I>: 26. 2005
Rev.~~h'~of 54
restoration of inland lakes and rivers to which there is public
access as these uses relate to the physical preservation of the
beach, shoreline or inland lake or river.
(3) The additional one percent tax (4th percent) collected
pursuant to Section TWO (G) shall be used entirely to finance
tourism promotion including advertising,
public relations,
promotion,
research
and
fulfillment.
Tourism
promotion
administrative costs shall not exceed 32% of the total amount
collected each fiscal year for Cateqory B uses and shall be
financed solely from the 23.236% portion of the 2% tax. The
Disaster Recover Advertising Fund will be financed from the
23.236% of the 2% tax at the rate of $750,000 in FY06 and
$750,000 in FY07 and budgeted each subsequent year to maintain a
maximum level of $1.5 million.
At the end of each fiscal year,
any remaining funds in the 23.236% of the 2% tax after
fulfillment of the above uses in the 23.236% of the 2% tax will
be distributed to Category "An with 66% allocated to beach and
inlet management projects and 34% to beach access projects. It
is the intent of the Board of County Commissioners to maintain
this new level of tourism promotion dollars in the future.
~iil The revenues to be derived from the tourist
development tax may be pledged to secure and liquidate revenue
bonds in accordance with the provisions of Section 125.0104,
Florida Statutes. Such revenue bonds and revenue refunding bonds
may be authorized and issued in such principal amounts, with such
interest rates and maturity dates, and subject to such other
terms, conditions and covenants as the governing board of Collier
County shall provide. This paragraph shall be full and complete
authori ty for accomplishing such purposes, but such authority
shall be supplemental and additional to, and not in derogation
of, any powers now existing or later conferred under law.
+4+ ill
The event bonds are issued by Collier County for
any of the purposes enumerated by the Tourist Development Plan,
the amount of tourist development tax receipts used to pay debt
service on such bonds may exceed the percentages provided for the
purpose for which such bonds were issued; provided, however, the
maximum annual debt service on such bonds, together with any
6 -
Words underlined are added; words iHfUek tilfeugh are deleted.
Agenda Item No 80
July' 26. 2005
Re'f!a~b1~of 54
other obligations of Collier County which were issued to finance
improvements for the same purpose and which are secured by the
tourist development tax, must not exceed the stated percentage of
tourist development tax
receipts provided in the Tourist
Development Plan for such purposes, as calculated as of the date
of sale of such bonds.
For purposes of performing the
calculations described in this paragraph, the amount of tourist
development tax receipts shall be assumed to be the amount
provided as such in Collier County's immediately preceding annual
audit, plus, if the levy of such tax was imposed or increased
subsequent to the beginning of the period which was audited, an
amount equal to the estimate by the County Manager of the moneys
the County would have received if the tax imposition or increase
had been in effect during the entire audit period.
At or prior
to the issuance of bonds, the County Manager shall provide a
certificate as to the findings required in this paragraph, which
certificate shall be conclusive as to all matters provided
therein.
~~ The above and foregoing Tourist Development Plan may
not be substantially amended except by ordinance enacted by an
affirmative vote of a majority plus one additional member of the
Board of County Commissioners.
SEC'rION THREE: CONFLIC'r 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 FOUR: INCLUSION IN THE CODE OF LAJfS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of
the Code of Laws and Ordinances of Collier County, Florida. The
sections of the Ordinance may be renumbered or relettered to
accomplish such, and the word "ordinance" may be changed to
"section", "article", or any other appropriate word.
7 -
Words underlined are added; words iMFUek direllgk are deleted.
Agenda Item No. SO
Jui;l26.2005
Re~JglJ/P1Sof 54
SECTION rIVE: EI'I'BCTIVE DATE.
This Ordinance shall become effective upon filing with the
Secretary of State and a certified copy of this Ordinance shall be
filed with the Florida Department of Revenue within 10 days after
the adoption of this Ordinance. The additional one percent tourist
development tax (4th percent) shall be effective on the first day
of the second month following approval of this Ordinance.
PASSED AND DULY ADOPTED by a vote of a majority plus one of
the Board of County Commissioners of Collier County, Florida, this
day of
, 2005.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
, Deputy Clerk
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
CPo TDC\Ord\7/11/05
8 -
Words underlined are added; words slAKlk t.IlAl. are deleted.
o
OCI
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Agenda Item No. SD
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Agenda Item No. BE
July 26, 2005
Page 1 of 116
~
EXECUTIVE SUMMARY
Petition: PUDA-2005-AR-7085: The Public Utilities Division and the Collier County Board
of County Commissionen, represented by Bruce Tyson, AICP, of WilsonMiller, Inc., are
requesting an amendment to the Orangetree PUD Document and Master Plan to change
the tract designation of approximately 216 acres from Agriculture to Public Facility and
Community Use. The primary use of the Public Facility portion of the property will be to
locate water treatment and water reclamation facilities. The Community Use portion will
be used primarily for park use and a recycling collection center. The amendment will also
correct an unintended tract designation error on the Master Plan. The subject property is
located in the northeast portion of the Orangetree PUD. Access to the property will be
from Immokalee Road using the same road as that for the Collier County Fairgrounds, in
Sections 11 and 14, Township 48 South, Range 27 East, Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCe) consider an application to amend the PUD
as noted below 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.
CONSIDERATIONS:
,...-.
The petitioner wishes to amend the Orangetree Planned Unit Development (PUD), consisting of
2,136.87:1: acres, to change the designation of 216 acres from Agriculture to Public Facility and
Community Use designations. This amendment would allow the development of a water
treatment plant and a wastewater treatment plant in the Public Facility area and park uses and a
household recycling drop-off center in the Community Use portion of the PUD. The petitioner
proposes to amend the previously approved PUD document and Master Plan to show the change
in uses, as well as correct a tract designation on the previously adopted Master Plan.
The subject site currently is developed with a working orange grove. Access to the site is from
the same road used for the Collier County Fairgrounds, off of Immokalee Road, north of Oil
Well Road.
The proposed water treatment and wastewater treatment plant would be strictly regulated by not
only the development standards contained within the PUD document, but also by State and
Federal regulating agencies. The applicant proposes setback standards that exceed what would
be required for Industrial development by the Land Development Code (LDC). The maximum
height would be limited to sixty feet, although the applicant has stated that only a small portion
of the intended development would be this high.
Since the Collier County Planning Commission (CCPe) hearing on June 16, 2005, the petitioner
has made revisions to the PUD document and Master Plan to address the items discussed by the
CCPC, as well as correct a mapping error brought to the attention of staff by a representative of
the Collier County School Board.
r
ORANGETREE PUD, PUDA-2005-AR-7085
EXECUTIVE SUMMARY
Page 1 of 4
Agenda Item No. BE
July 26, 2005
Page 2 of 116
r--
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 PUD is amended, a portion of the existing land will be developed and the new
development will result in an impact on Collier County public facilities, except that the uses
proposed and the Community Facilities PUD proposed would allow public facilities uses rather
than create an impact upon public facilities.
The County collects impact fees prior to the issuance of building 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 Level of Service (LOS) for public facilities. Additionally, in order to
meet the requirements of concurrency management, the developer of every local development
order approved by Collier County is required to pay 50 percent of the estimated Transportation
Impact Fees associated with the project Other fees collected prior to issuance of a building
permit include building permit review fees and utility fees associated with connecting to the
County's water and sewer system.
Please note that 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 located within the Agricultural/Rural - Settlement Area District, as is
identified on the Future Land Use Map in the Golden Gate Area Master Plan (GGAMP) of the
Growth Management Plan. This district allows essential services and community uses.
Comprehensive Planning staff recommends that the uses proposed in the PUD be deemed
consistent with the FLUM designation.
Future Land Use Element (FLUE) Policy 5.4 requires new land uses to be compatible with, and
complementary to, the surrounding land uses. Department of Zoning and Land Development
Review staff believes that the PUD document contains appropriate limitations to ensure that this
project will be compatible with the existing development in the neighborhood, and therefore
recommends that the petition be deemed consistent with that FLUE policy.
ENVIRONMENTAL ISSUES:
Environmental Services staff has reviewed the petition and the PUD document to address any
environmental concerns. Staff explored the possibility of negative impacts on the land from the
existing agricultural use; no evidence was found that raised environmental concerns.
/"""""
ORANGETREE PUD, PUDA-2005-AR-7085
EXECUTIVE SUMMARY
Page 2 of 4
Agenda Item No, BE
July 26, 2005
Page 3 of 116
"-
ENVIRONMENTAL ADVISORY COUNCIL (EAC) ISSUES:
The Environmental Advisory Council (EAe) did not hear this petition because the site is already
impacted
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission (CCPe) heard this petition on June 16, 2005, and by a
vote of 7 to 0 recommended to forward this petition to the Board of County Commissioners
(BCe) with a recommendation of approval. Although the CCPC unanimously recommended
approval and no persons spoke against the petition at the hearing, there is correspondence from
area residents expressing concern and opposition to the request, so this petition cannot be placed
on the Summary Agenda. The CCPC had a general discussion on the following topics:
1. W ell locations and depths
2. Structure heights
3. Odor and noise impacts
4. Setbacks
5. The proposed recycling center
6. PUD Document language
LEGAL CONSIDERATIONS:
r- Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
determination by the Board of County Commissioners (BCe) must be based The legal
considerations are based upon the listed criteria in Chapter 10.03.05 and Chapter 10.02.13 of the
LDC. These evaluations are completed as separate documents that were incorporated into the
staff report. A summary of the legal considerations and findings recommended by staff are noted
below:
. The proposed change has been deemed consistent with the goals, objectives, and policies
and Future Land Use Map and the applicable elements of the GMP.
. The proposed land uses are compatible with the existing land use pattern.
. The proposed change will not create or excessively increase traffic congestion or create
types of traffic deemed 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. This project has also been
deemed consistent with Policy 5.1 and 5.2 of the Traffic Element of the GMP.
. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private, shall be provided.
The Planning Commission, with its recommendation of approval concurred with the above legal
considerations and findings.
.-
ORANGETREE PUD, PUDA-2005-AR-7085
EXECUTIVE SUMMARY
Page 3 of 4
Agenda Item No, BE
July 26, 2005
Page 4 of 116
RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve Petition PUDA-2005-AR-
7085, which partially repeals Ordinance Number 04-73, and adopts the revised Orangetree PUD
Ordinance and PUD document attached hereto, noting that, in staff's opinion, the request is
consistent with the GMP Future Land Use Element designation; and as further limited in the
revised PUD document, the revised Master Plan, the uses allowed by this amendment will be
consistent with Policy 5.4, that requires new development to be compatible with the surrounding
uses.
PREPARED BY:
Heidi K. Williams, Principal Planner
Department of Zoning & Land Development Review
,-
-
ORANGETREE PUD, PUDA-2005-AR-7085
EXECUTIVE SUMMARY
Page 4 of 4
Item Number
Item Summary
Meeting Dote
Agenda Item No. BE.
July 26, 2005
Page 5 01116
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
BE
This item to be heard at 2:00 p.m. This petitIon requires that all participants be sworn in
and ex parte disclosure be provided by Commission members PUDA-2005.AR-7085: The
Public Utilities Division and the Collier County Board of County Commissioners,
represented by Br\Jce Tyson, AICP. of WilsonMilIer, Inc., are requesting an amendment to
the Orangetree PUD Document and Master Plan to change the tract designation of
approximalely 216 acres from Agriculture 1.1:1 Public Facility and Community Use. The
primary use of the Public Facility portion of the property will be to locate water treatment
and water reclamation faCIlities. The Community Use portion Will be used primarily for park.
use and a recyciing collection center The amendment will also correct an unintended tract
designatIon error on U,e Master Plan. Thl.!' subject property is located in the nof1he8st
panion ofthe OrBngetree PUD. Access to the property will be from Immokalfle R01Jd usmg
the same road as that for the Collier County F airgro\Jnds. in Sections 11 and 14 , TownshIp
48 South, Range 27 East Comer County. Florida.
7/26120059:00,00 AM
Prepared By
Principal Phmner
7f712005 2:45:42 PM
Heidi Williams.
Communtty Development &
Environrt'lUl1t.n1 Ser'llices
Date
Zoning & Land Development Review
Sandra Lea
Dale
Approved By
Commllnit~ Development &
EnV\fOnmental Services
Executive Secretary
Community Devl:!'lopment &
Environmental Services Admin,
717120054:41 PM
NDrm E. F.der. AICP
TrarlSp()rtutiOl) Division Admini$trator
Cute
Approved By
Transportation Services
Trnn'iporlatiofl ServIces Admin.
7/6.'200511:33 AM
Donald L Scott
Transportation Planning Director
DatI!!
Approved By
Transportation Services
Transportation Planning
7/8/20052:56 PM
C(1ns;t;lUcl~ A. Johnson
Oi"e
Approved By
CDmmunity Development &
Environmental Services<
Operntionli. Analyst
Community Development &
Environmental Selvices Admin,
71111200512:46 PM
Chief Planner
Date
Approved By
Ray Bellov./s
Community DeYelopment &
Environmental Servic.es
Zoning & land Development Review
1/11120051:D1 PM
Zoning & Land Development Director
Date
Approved By
Susan Murray, AICP
Community Development &
Environmental Services
Zi)uing & Land O~f\lI~lolllnent Review
7i1112005 4:02 PM
Matjorill M. Student
Assistant CQunty Attomey
Date
Approved By
county Attorney
County Attomey Offic-e
7/12120059:45 AM
Oat.
Approved By
Joseph K. Schmitt
Community Development &
Environmental SnrvicQ-s
Community O.velopment &
Enviromnental Services Adminstrator
Community Development &
Environmental Services Admin.
1113/200512:51 PM
OMS Coordinator
Administllltivt! Assistant
Oat.
Approved By
County Manager's Office
Office of Management & Bud9~
7/13120051:31 PM
Approved By
Mark 15ilCksol'l
County Manager's Office
Budget Analy~t
Catn
Office of Management & Budget
7113/2005 4:22 PM
James V. Mudd
County Manager
Date
Approved By
8<UI,d of County
ComrniS&IO"Clrs
County Manager's, Office
7{15/2005 12:40 PM
Agenda Item No. BE
July 26, 2005
Page 6 of 116
eoJ!t,r 9>>tnty
_ ""-4 _
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING & LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL
SERVICES DIVISION
HEARING DATE: JUNE 16,2005
SUBJECT:
PETmON PUDA-2005-AR-7085, ORANGETREE PUD
AGENT/APPLICANT:
OWNER:
Collier County BCC/
Public Utilities Engineering Division
3301 Tamiami Trail East
Naples, FL 34112
AGENT: Bruce Tyson, AICP
WilsonMiller, Inc.
3200 Bailey Lane
Suite 200
Naples, FL 34119
REOUESTED ACTION:
The petitioner is requesting an amendment to the Orangetree Planned Unit Development
(PUD). This PUD Amendment would change the tract designation of approximately 216
acres from "Agricultural" to "Community Use" and "Public Facility" for the purpose of
allowing development of a water treatment plant, a wastewater treatment plant, a recycling
collection center and a community park.
GEOGRAPHIC LOCATION:
The subject PUD is located both north and south of Oil Well Road (CR 858) east of
Immokalee Road. The amendment area is located in the northern portion of the PUD, in
Sections 11 and 14, Township 48 South, Range 27 East, Collier County, Florida (See
illustration on following page)
PUDA-2005-AR-7085, Orangetree PUD
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Agenda Item No. BE
July 26, 2005
Page B of 116
PUDA-2005-AR-7085; Orangetree PUD Amendment
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Agenda Item No. 8E
July 26, 2005
Page 9 of 116
PURPOSElDESCRlPTION OF PROJECT:
The purpose of this petition is to amend the PUD to change the designation of land currently
described as "Agricultural" on the PUD Master Plan to "Community Use" and "Public
Facility". These changes to the Master Plan would allow the land to be used for a water
treatment plant, wastewater plant, recycling collection facility and a public park. The Collier
County Public Utilities and Engineering Division has determined that this location is the best
option for necessary expansion of water facilities in this area. Although other locations were
explored, this site was the only one that had a willing seller, and so the Division is pursuing
the PUD amendment. The recycling collection facility would be open to the public during
limited business hours. The facility is intended to serve members of the public for household
recyclables and hazardous wastes, which would be properly contained and regularly collected
for disposal. The recycling center would operate under specific business hours that would be
convenient to their customers. The Parks and Recreation Division has long-term plans for a
passive recreation facility on the site. They are intending to add more land to the area
currently owned by the County, and will develop a plan for park development at that point.
The PUD document outlines all permitted uses, contains development standards for the new
designations, including maximum heights, setback and buffer requirements. The applicant
has included a provision to allow the continuation of the orange grove operation as long as
that is a viable industry onsite.
SURROUNDING LAND USE AND ZONING:
Subject Parcel:
The parcel is currently a functional orange tree grove.
West:
Residential, zoned Estates
Residential, zoned Orange Blossom Ranch PUD
Residential, zoned Orangetree PUD
orange grove, zoned Orange Blossom Ranch PUD
Residential, zoned Estates
Surrounding- North:
East:
South:
GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element (FLUE): The subject property is designated Agricultural/Rural -
Settlement Area District, as identified on the Future Land Use Map in the Golden Gate Area
Master Plan (GGAMP) of the Growth Management Plan (GMP).
Settlement Area District: By designation in the Growth Management Plan and the Golden
Gate Area Master Plan as Settlement Area, the Plan recognizes the property as an area which,
while outside of the Urban Designation, is appropriate for the following types of uses:
residential, earth mining, commercial, agricultural, community facility, community uses,
PUDA-2005-AR-7085, Orangetree PUD
4
Agenda Item No. BE
July 26, 2005
Page 10 of 116
education facilities, religious facilities, golf course, open space and recreational, and essential
services.
Transportation Element: The Transportation Department has reviewed that Traffic Impact
Statement (TIS) and has determined that the site-generated trips will not significantly impact
Immokalee Road or any other arterial or collector road. Therefore, this petition is consistent
with Policy 5.1 and 5.2 of the Transportation Element.
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 1O.03.05.H and Section 10.02.13.E 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 is listed under each criterion noted and is 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: Environmental Services Staff has reviewed the petition and made
minor revisions to the PUD document.
The petition was not heard by the Environmental Advisory Council.
Transoortation Analvsis: Transportation Department Staff has reviewed the petition and
recommended updating the standard PUD language regarding Transportation. The applicant
incorporated these comments.
Utility Issues: The Utilities Department Staffbas reviewed the petition and notes the
following:
This development is shown on the 2003 Water Master Plan Update - Service Area
Map (Fig. 7-11) to be within the boundaries of the Orangetree Utility certificated
service area. If applicable, this PUD shall be subject to a "Letter of No Objection"
from Orangetree Utilities. This PUD amendment shall also be subject to inclusion of
the most updawd Water and Sewer commitments as sent to the Engineer of Record
into section 10.02 (E) as a condition of approval.
Zoning and Land Develooment Review Analvsis: Staff analysis of the proposed amendment
to the Orangetree PUD finds that the requested changes are consistent with Section
1O.03.05.H of the Land Development Code. Specifically, the proposed uses are compatible
with the Growth Management Plan, changing conditions necessitate the amendment, traffic
levels should not be adversely impacted and other sites were unavailable for the use. Some
neighboring residents feel that the water and wastewater plants will adversely impact them
and their properties due to offensive odors and sights. The applicant has assured neighbors
PUDA-2005-AR-7085, Orangetree PUD
5
Agenda Item No. 8E
July 26, 2005
Page 11 of 116
that these facilities will be built to meet or exceed regulatory standards, which have advanced
to virtually eliminate the effects they are expecting. Concerns were also raised about the
visual effects of the future recreation area and recycling center. These uses would be required
to adhere to the landscape buffer requirements in the Land Development Code, which should
address most of the impacts.
NEIGHBORHOOD INFORMATION MEETING:
Synopsis provided by Linda Bedtelyon, Community Planning Coordinator:
The agent, applicant and their representatives held the required NIM at Palmetto Ridge High
School cafeteria at 5 :30 P.M. on 4/27/05. Approximately twenty persons other than the
agent/applicant and county staff attended. Following the PowerPoint project presentation,
several people asked clarifying questions regarding the proposed development addressing:
1. Noise and odor mitigation
2. Type of materials accepted and stored at recycling facility/hours of operation
3. Lighting type and timing of lighting at park and recycling facility
4. Buffering, including the possibility of the use of berms between subject property and
Waterways property owners
5. Park fences and buffering along access road between neighboring property owners
6. Building height
7. Property values
8. Facility service area
9. Cost to new customers
10. Construction commencement/timetable
The agents and applicants also provided a web.site address and staff contact information for
the public to access. In addition, it was stated that a twelve-person community advisory
committee will be established in late summer and surrounding property owners were
encouraged to participate in that process.
STAFF RECOMMENDATION:
That the Collier County Planning Commission (CCPC) forward a recommendation of
APPROVAL of Petition PUDA-2005-AR-7085 that partially repeals Ordinance Number 04-
73 as described by the Ordinance of Adoption and exhibits thereto. the Orangetree PUD
regulatory document.
PUDA-200S-AR-708S, Orangetree PUD
6
Agenda Item No. BE
July 26, 2005
Page 12 of 116
PREPARED BY:
HEIDI K. WILLIAMS, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
DATE
REVIEWED BY:
RAY BELLOWS, ZONING 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
COMMUNITY DEVELOPMENT AND
ENVIRONMENTAL SERVICES DNISION
DATE
Tentatively scheduled for the July 26, 2005 Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
RUSSELL A. BUDD, CHAIRMAN
PUDA-2005-AR-7085, Orangetree PUD 7
Agenda Item No. BE
July 26, 2005
Page 13 of 116
Exhibit" A"
REZONE FINDINGS
PETITION PUDZ-20OS-AR-7085
Division IO.03.05.H 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
policies and Future Land Use Map and the elements of the Growth Management
Plan.
The subject property is designated Agricultura1/Rural - Settlement Area District, as
identified on the Future Land Use Map in the Golden Gate Area Master Plan
(GGAMP) of the Growth Management Plan (GMP). Comprehensive Planning staff
has deemed the proposed amendment to be consistent with this district.
2. The existing land use pattern.
Land uses in the area of the proposed development are largely low-density residential.
Estates zoning abuts the site on two sides, and the other two sides are bordered by the
Orange Blossom Ranch PUD or other tracts within the Orangetree PUD. Generally,
the essential services of water and wastewater treatment are compatible with
residential uses when appropriately buffered. A community park and a recycling
center also require appropriate buffering, which is required by the Land Development
Code.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts.
The Orangetree PUD is of sufficient size that it will not result in an isolated district
unrelated to adjacent and nearby districts. The amended tracts within this PUD
contain enough land to encompass the essential services required by the community.
It is also consistent with expected land uses by virtue of its consistency with the
FLUE and the GGAMP.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
PtnDA-2005-AJt-7085,CRangetteePtnD
8
Agenda Item No. BE
July 26, 2005
Page 14 of 116
The proposed amendment to the Orangetree 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 PUD.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
The operation of the existing privately owned Orangetree Utility is scheduled to be
turned over to Collier County Public Utilities and Engineering Division. To provide
service to the existing utility customers, and anticipating the demands of future
residents, an expansion of facilities is required.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
Although residents have concerns about the effects of the utility plants, they have
been reassured by County staff that the buffering required, as well as the technology
used, will minimize these impacts. The entrance to the site will be directly off of
Immokalee Road, which will reduce interaction between traffic to this project and
residential areas. The additional capacity provided by treatment plants on this site
will improve water and sewer service for the community.
7. Whether the proposed change will create or excessively increase traffic
congestion or create types of traffic deemed incompatible with surrounding land
uses, because of peak volumes or projected types of vehicular traffic, including
activity during construction phases of the development, or otherwise affect
public safety.
Evaluation of this project took into account the requirement for consistency with
Policy 5.1 of the Transportation Element of the GMP and was found consistent, a
statement advising that this project when developed will not excessively increase
traffic congestion.
8. Whether the proposed change will create a drainage problem.
The 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 on 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.
PUDA-2005-AR-7085, Orangetree pun
9
Agenda Item No. BE
July 26, 2005
Page 15 of 116
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 they are located. These development standards
and others apply generally and equally to all zoning districts (i.e. open space
requirement, corridor management provisions, etc.) and were designed to ensure that
light penetration and circulation of air does not adversely affect adjacent areas.
10. Whether the proposed change will adversely affect property values in the
adjacent area.
The development standards within the Orangetree PUD are appropriate to the
requested use of the land. They are designed to reduce potential conflicts between
different types of development. 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 determination based upon anticipated results, which may be internal or
external to the subject property. Property valuation is affected by a host of factors
including zoning, however zoning by itself mayor may not affect values since value
determination by law is driven by market value.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations.
Many of the surrounding properties are already developed. Several Estates zoned lots
to the north have single-family dwellings on them. These lots are across a canal. To
the south there is also a canal and retention lake. A portion of the site borders a
residential subdivision. Located on the west side of the property are the Collier
County Fairgrounds. Staff does not feel that the proposed amendment will negatively
impact development of the adjacent properties.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare.
Tbe Comprehensive Planning staff has determined that the proposed amendment to
the PUD 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 and
GGAMP 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 currently used in accordance with the existing PUD zoning as
an orange grove. The proposed PUD amendment seeks to alter the current uses and
PUDA-2005-AR-7085, Orangetree PUD
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Agenda Item No. BE
July 26, 2005
Page16of116
development standards to allow development of water and wastewater treatment
plants. This is the only available location for these necessary services.
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 Golden Gate area of Collier County.
15. Whether it is impossible to fmd other adequate sites in the County for the
proposed use in districts already permitting such use.
The applicant has stated that other sites in the area were considered for the proposed
uses, but that the owners were unwilling to sell the land. There is currently a water
utility location within the Orangetree PUD, which will be replaced by this site. This
petition is consistent with all elements of the GMP, is compatible with the adjacent
land uses and has adequate infrastructure.
16. The physical characteristics of the property and the degree of site alteration
which would be required to make the property usable for any of the range of
potential uses under the proposed zoning classification.
The subject property is currently used as an orange grove. The trees would have to be
removed to construct the intended uses. The applicant intends to leave any trees that
are not in the area of development undisturbed.
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 defmed and implemented through the Collier
County Adequate Public Facilities Ordinance, as amended.
A multi-disciplined team responsible for jurisdictional elements of the GMP bas
reviewed this petition and has 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 determined that required infrastructure meets
with GMP established relationships. The proposed change will have no affect upon
those conditions.
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Agenda Item No. BE
July 26, 2005
Page 17 of 116
Exhibit "B"
FINDINGS FOR PUD
PUD~A-2005-AR-7085
Section 10.02.13.B.5 of the Collier County Land Development Code requires the Planning
Commission to make a finding 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 Orangetree 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. Recommended
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 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.
Documents submitted with the application provide evidence of unified control of
the subject site. 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 bas 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 proposed uses are an integral part of any development. Tbese are necessary
uses, which will maintain adequate buffering to shield neighbors from potential
PUDA-2005-AR-7085, Orangetree PUD
12
Agenda Item No. BE
July 26, 2005
Page 18of116
unpleasant effects of their development. Internal and extemal compatibility is
addressed by the required buffers, but also by the maximum height limitations and
industry regulatory provisions.
s. The adequacy of usable open space areas in existence and as proposed to
serve the development.
As provided in the PUD Document, the amount of open space set aside by this
project is consistent with the provisions of the Land Development Code. This
amendment will increase recreation and natural areas available to the public by
amending a portion of the site to Community Use for a passive park.
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 Orangetree PUD is currently 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.
The purpose of the amendment is directly related to the need to meet the
demands of the growing Orangetree area. The amendment site would
accommodate the growth much better than the current utility site.
8. Conformity with PUD 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.
The proposed amendment intends to adhere to regulations of the cwrently
adopted PUD, as well as the intent of the Land Development Code for this type
of development.
PUDA-2005-AR-7085. Orangetree PUD
13
Agenda Item No. 8E
July 26, 2005
Page 19 of 116
ZONING AND DEVELOPMENT DOCUMENT
for
ORANGETREE
First Amendment
Prepared by:
WilsonMiller, Inc.
Engineers, Planners and Land Surveyors
3200 Bailey Lane at Airport Road, Suite 200
Naples, Florida 34105
PUD Amendment Application
November 22, 1989
Revised February 27, 1991
Revised May 13, 1991
Revised May 11, 2004
Revised October 26, 2004
Revised 2005
Original Z & nD Approval: December 10, 1985
Ordinance Number: 87-13
Approved by CCPC: December 20, 1990
Approved by BCC: June 1991
Ordinance Number: 91-43
Approved by CCPC: March 4, 2004
Approved by BCC: May 11, 2004
Ordinance Number: 2004-30
Approved by CCPC: September 16,2004
Approved by BCC: November 16, 2004
Ordinance Number: 2004-74
Exhibit "A"
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Agenda Item No. BE
July 26, 2005
Page 20 at 116
INDEX
PAGE
Index 2
List of Exhibits and Tables 3
SECTION I Property Description 4
SECTION II Project Development 5
SECTION III Agricultural Development 10
SECTION IV Residential Development 12
SECTION V CommerciallNeighborhood 16
SECTION VI Golf Course 19
SECTION VII Community Use 21
SECTION VIII SchoollPark 23
SECTION IX Public Facilities 25
SECTION IX General Development Commitments 26
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EXlITBIT A
EXlITBIT B
TABLE I
TABLE II
TABLE III
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LIST OF EXlITBITS AND TABLES
Master Plan
(Prepared by Thomas Lucido & Associates Ref. No. 9020)
Legal Description
Land Use Summary
Estimated Market Absorption Schedule
Development Standards
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July 26,2005
Page 21 6f 116
Agenda Item No. BE
July 26, 2005
Page 22 4f 116
SECTION I
PROPERTY DESCRIPTION AND OWNERSHIP
1.01 INTRODUCTION. LOCATION. AND PURPOSE
It is the intent of Amnon Golan, Trustee, Orangetree Associates, (hereinafter called
"applicant or developer") to establish a Development on approximately 2,136.87 acres of
property located in Collier County, Florida. The subject property is described as "North
Golden Gate" on Collier County maps and is bounded on the west by Immokalee Road
(CR 846), on the south by Randall Boulevard and is bounded on the north and east by
drainage ways. Oil Well Road (CR 858) runs through the site in an east-west direction.
1.02 LEGAL DESCRIPTION
Legal Description:
This parcel contains approximately 2,136.87 acres and is platted as North Golden Gate
and recorded in the Public Records of Collier County, Florida as follows:
Unit 1 Plat Book 9 Pages 12-28
Unit 2 Plat Book 9 Pages 39-43
Unit 3 Plat Book 9 Pages 125-142
Unit 4 Plat Book 9 Pages 53-64
Unit 5 Plat Book 9 Pages 65-72
Unit 6 Plat Book 9 Pages 74-78
Unit 7 Plat Book 9 Pages 85-97
Less and except those lands described in Exhibit "'B" attached, containing 615.93:i: acres.
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July 26, 2005
Page 23 ~f 116
SECTION II
PROJECT DEVELOPMENT
2.01 PURPOSE
The purpose of this Section is to generally describe the plan of the development and
delineate the general conditions that will apply to the project.
2.02 GENERAL PLAN OF DEVELOPMENT
The subject parcel is designed as a mixture of agriculture, residential uses, commercial
and community oriented facilities, and recreational elements.
2.03 COMPLIANCE WITH APPLICABLE ORDINANCES
The project is intended to be in compliance with the applicable Collier County Zoning
and Subdivision regulations as well as other Collier County development codes in effect
at the time permits and/or plats are requested.
2.04 SUBDMSION MASTER PLAN AND SITE DEVELOPMENT PLAN APPROVAL
The review and approval of subdivision master plans and construction plans shall follow
the design and development standards and review procedures regulating subdivisions of
the Collier County Ordinances in effect at the time of development. The developer
reserves the right to request exceptions and modifications to the standards set forth in
applicable regulations.
For site development plan approval, the provisions of Subsection 10.02.03 of the Land
Development Code shall apply to the development of platted tracts or parcels of land as
provided in Subsection 10.02.03 prior to the issuance of a building permit or other
development order.
2.05 LAND USES
Table I is a schedule of the intended land use types, with approximate acreages and total
dwelling units indicated. The arrangement of these land use types is shown on the Master
Plan, Thomas Lucido & Associates Ref. No. 9020. Changes and variations in design and
acreages shall be permitted at final design to accommodate topography, vegetation, and
other site conditions. The specific location and size of individual tracts and the
assignment of dwelling units thereto shall be submitted to the Administrator for approval
or denial, as described in Section 2.04 of this document.
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July 26, 2005
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2.06 PROJECT DENSITY
The total acreage of the subject property is approximately 2,136.87 acres. The maximum
number of dwelling units to be built on the total acreage is 2,100. The number of
dwelling units per gross acre is approximately 0.98. The density on individual parcels of
land throughout the project may vary according to the type of housing placed on each
parcel of land but shall comply with guidelines established in this document.
2.07 PERMITTED VARIATIONS OF DWELLING UNITS
All properties designated for residential uses may be developed at the maximum number
of dwelling units as assigned under Section 2.04, provided that the total number of
dwelling units shall not exceed 2,100. The Administrator shall be notified in accordance
with Section 2.04 of such an increase and the resulting reduction in the corresponding
residential land use types or other categories so that the total number of dwelling units
shall not exceed 2,100.
The maximum number of dwelling units by type as shown in Table I shall not vary by
more than twenty (20) percent in each category. The maximum number of dwelling units
shall include all caretakers' units but does not include the designated hotel rooms.
2.08 DEVELOPMENT SEQUENCE AND SCHEDULE
The applicant has not set "stages" for the development of the property but the property is
to be developed over an estimated 15 year-time period. Any projection of project
development can be no more than an estimate based on current marketing knowledge.
The estimate may, of course, change depending upon future economic factors. Table II
indicates, by phase, the estimated absorption of units for the estimated 15 year
development period.
2.09 RESERVATION OF NATURAL VEGETATION AND TREE REMOVAL
Clearing, grading, earthwork, and site drainage work shall be performed in accordance
with the Development Standards outlined in this documents.
2.10 EASEMENTS FOR UTILITIES
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 Subdivision Regulations in effect at the time a permit is
requested or required.
All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities in substantial compliance
with applicable regulations in effect at the time approvals are requested.
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July 26, 2005
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2.11 EXCEPTIONS TO THE COLLIER COUNTY SUBDMSION REGULATIONS
Exceptions to the Subdivision Regulations shall be requested at the time of Subdivision
Master Plan review and approval.
2.12 LAKE SITING
As depicted on the Master Plan, Thomas Lucido & Associates Ref. No. 9020, lakes and
natural retention areas have been sited adjacent to existing and planned roadways. The
goals of this are to acbieve an overall aesthetic character for the project, to permit
optimum use of the land, and to increase the efficiency of the water management
network. Accordingly, the setback requirements described in Ordinance 80-26, Section
8A, may be reduced with the approval of the County Engineer. Fill material from lakes is
planned to be utilized within the project, however excess fill material may be utilized off-
site, subject to the provisions of the excavation ordinance in effect at the time permits are
sought.
2.13 ROADS
Collector roads will be public roads. Local roads within the development may be either
public or private roads, depending on location, capacity, and design.
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Agenda Item No. BE
July 26, 2005
Page 26 If 116
LAND USE SUMMARY
TABLE I
SYMBOL DESCRIPTION UNITS APPROXIMATE ACREAGE
AG Agriculture *2 131 *1
GC Golf Course *2 200*3
R-l Residential 143 110
R-2 Residential 1797 586
R-3 Residential 160 30
CU Community Use 155
PF Public Facility 147
U Utility 15
SP School/Park 171
CN Neighborhood (Max. 60,000 22
Commercial S.F. plus motel units)
RW Right-of-Way 149.8
LAKE 420
Total 2, 1 00 2,136.8*4
NOTE:Tbe projected total unit summary represents one possible residential mix to yield 2,100
units. Should there be an increase of units in any residential category, there would be a
corresponding decrease in other categories to maintain a maximum total of 2,100 units.
R-l One-half acre lots - single family.
R-2 Detached and attached single family" duplex and triplex, cluster homes, zero lot line,
villas, patio homes, townhouses.
R-3 Cluster homes, zero lot line villas, patio homes, townhouses, garden apartments (2-story
max.).
*1 Includes agricultural reservoirs.
*2 Approved breakdown of agriculture and golf course lands.
*3 Includes golf course related lakes.
*4 Based on actual survey of acreage.
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Agenda Item No. BE
July 26, 2005
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ESTIMATED MARKET ABSORPTION SCHEDULE
TABLE II
YEAR DWELLING UNIT CUMULATIVE
PRODUCTION TOTAL
1 0 0
2 70 70
3 100 170
4 140 310
5 160 470
6 160 630
7 160 790
8 165 955
9 165 1,120
10 165 1,285
11 165 1,450
12 165 1,615
13 165 1,780
14 160 1,940
15 160 2,100
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Agenda Item No. BE
July 26, 2005
Page 2&()f 116
SECTION m
AGRICULTURAL DEVELOPMENT
3.01 PURPOSE
The pmpose of this Section is to set forth the regulations for the areas designated on the
PUD Master Plan, Thomas Lucido & Associates Ref. No. 9020 as AG.
3.02 GENERAL DESCRIPTION
The AG District is intended to apply to those areas, the present or prospective use of
which is agricultural, pastoral or rural in nature. This district is designed to accommodate
both traditional agricultural uses and techniques, and conservation measures where
appropriate, and public educational plants and ancillary plants, while protecting the rural
areas of the County. The regulations in this district are intended to permit a reasonable
use of the property, while at the same time prevent the creation of conditions which
would seriously endanger, damage, or destroy the agricultural base of the County, or
environmental resources, potable water supply, or the wildlife resources of the County.
To this end, the use of drip-irrigation techniques or any other low volume irrigation, like
microjet, shall be implemented for agricultural uses (golf course excepted) in this district.
3.03 PERMITTED USES AND STRUCTURE
A. Permitted Principal Uses and Structures:
1) Agricultural activities, such as field crops, reservoirs/lakes, orchards,
horticulture, fruit and nut production.
2) Educational plants:
An "Educational Plant" comprises the educational facilities, site and site
improvements necessary to accommodate students, facility,
administrators, staff, and the activities of the educational program of each
plant that is operated by the Collier County School Board.
B. Conditional Uses:
1) Ancillary plants:
An "Ancillary Plant" is comprised of the building, site and site
improvements necessary to provide such facilities as vehicle maintenance,
warehouses, maintenance, or administrative buildings necessary to provide
support services to an educational program operated by the Collier County
School Board.
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July 26, 2005
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C. Permitted Accessory Uses and Structures:
1) Accessory uses and structures which are incidental to and customarily
associated with uses permitted in the district.
2) On-site retail sales of farm products primarily grown on the fann.
3) Caretakers residences.
D. Permitted Uses/Conditional Uses Requiring Site Development Plan Approval:
1. Packing Houses
2. Public educational plants and ancillary plants
E. Development Standards for Educational Plants and Ancillary Plants:
1. In accordance with the Interloca1 Agreement between the Board of County
Commissioners and the Collier County School Board adopted May 16, 2003,
set forth in the LDC or its successor ordinance.
2. Building height shall be a maximum of forty-eight (48) feet for principal
structures and thirty-six (36) feet for accessory structures.
3. All required buffers for the School Board's property shall be in place by
December 31, 2004.
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July 26, 2005
Page 3qgf 116
SECTION IV
RESIDENTIAL DEVELOPMENT
4.01 PURPOSE
The purpose of this Section is to set forth general regulations for the areas designated on
the Master Plan Thomas Lucido & Associates Ref. No. 9020 as Residential (R-l to R-3).
4.02 MAXIMUM DWELLING UNITS
A maximum number of 2, I 00 dwelling units may be constructed on lands designated as
Residential (R-I to R-3) except as permitted by Section 2.07.
4.03 GENERAL DESCRIPTION
Areas designed as Residential (R-I to R-3) Thomas Lucido & Associates Ref. No. 9020
are designed to accommodate a full range of residential dwelling types, recreational
facilities, essential services, customary accessory uses, and compatible land uses such as
religious, governmental, and educational facilities provided such uses meet the
development standards as set forth in this document.
Four residential land use categories have been identified on the Master Plan. The R-I
designation includes approximately 110 aces and will accommodate single family
development on one-half acre lots. The R-2 designation includes approximately 586
acres and will provide for both conventional detached and attached single family
development. The R-3 designation includes approximately 30 acres of low density
cluster and multi-fumily development.
4.04 PERMITTED PRINCIPAL USES AND STRUCTURES
R-I
· Detached single family homes
· Model units
· Recreational facilities, parks, lakes and water management facilities
R-2
· Detached and attached single family homes
· Duplex and triplex units
· Cluster homes, zero lot line, villas, patio homes, townhouses
. Model units
· Recreational facilities, parks, lakes and water management facilities
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R-3
. Cluster homes, zero lot line, villas, and patio homes
. Townhouses
. Garden apartments, low rise multi-family
. Recreational facilities, parks, lake and water management facilities
4.05 PERMITTED ACCESSORY USES AND STRUCTURES
. Accessory uses and structures customarily associated with uses permitted in this
district
. Essential services and facilities
. Guest homes in R-l areas on lots one acre or larger in size
4.06 PERMITIED USES AND STRUCTURES REQUIRING DEVELOPMENT PLAN
APPROVAL UNDER SECTION 2.04
. Religious facilities
. Civic and cultural facilities
. Educational facilities
. Private Clubs
. Child care centers - owner occupied
. Rest homes, foster homes, rehabilitation center, hospices
. Other non-residential uses customary in residential districts
4.07 DEVELOPMENT STANDARDS
The following Sections set forth the development standards for permitted uses within the
subject parcel.
a. Standards for landscaping, signs, parking and other land uses not specified herein
are to be in accordance with Collier County Zoning Regulations in effect at the
time permits are requested Unless otherwise indicated, setback, height, and floor
area standards apply to principal structures.
b. Roadway setbacks shall be measured as follows:
1. If the parcel is served by a public right-of-way, setback is measured from
the adjacent right-of-way line.
2. If the parcel is served by a private road, setback is measured from the road
easement or parcel line.
3. If the multi-family parcel is served by a private drive, setback is measured
from the back of curb or edge of pavement, whichever is greater.
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July 26, 2005
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DEVELOPMENT STANDARDS
"R" Residential Areas
TABLE III A
Permitted Uses
Standards
R-l
Detached
Villas,
Patio &
Cluster
Homes
Single
Family
Attached
Townhouse
Low Rise
and Garden
Apartments
R-2
Detached
Minimum Site
Area ~-AC 3000 SF 3000 SF 6000 SF
x units
Site Width
Min. Avg. 120 60
Front Yard
Setback 30 20 20 25 25
Side yard
Setback 20 Oor1O o or 10 15 5.5
Rear Yard
Setback 25 15 25 30 20
Rear Yard
Setback Acsry. 0 0 0 0 5
Max. Building
Height 25 25 25 25 25
Dist. Between
Principal Str. N/A N/A .5SBH .5 SBH N/A
Floor Area
Minimum (S.F). 1200 750 900 750 1000
SITE DEPTH AVERAGE: Determined by dividing the site area by the site width.
SITE WIDTH: The average distance between straight lines connecting front and rear parcel
lines at each side of the site, measured as straight lines between the foremost points of the side
parcel lines in the front (at the point of intersection with the front parcel line) and the rearmost
point of the parce11ines at the rear (point of intersection with the rear parcel line ).
SBH: (Sum of Building Height): Combined height of two adjacent buildings for the purpose of
determining setback requirements.
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July 26, 2005
Page 3~!Sf 116
DEVELOPMENT STANDARDS
"R" Residential Areas
TABLE III B
PERMITTED USES EDUC. CMCI RELIGIOUS PRIVATE OTHER
STANDARDS FACILITIES CULTURAL FACILITIES CLUB USES
FACILITIES NOT
LISTED
Minimum Site As determined during the Per County
Area process under Section 2.04. Regulations
in effect at the
Site Width As determined during the time a permit is
Min. Avg. process under Section 2.04. requested.
Site Depth As determined during the
Min. Avg. process under Section 2.04.
Front Yard 40 40 40 30
Setback
Side Yard 30 30 30 20
Setback
Lake Bank 20 20 20 20
Setback
Rear Yard 30 or BH 30 or BH 30 or BH 30
Setback
Rear yard 10 10 10 10
Setback Acsry.
Max Building 25 25 25 25
Height (Ft.)
Dist. Between .5SBH .5SBH .5 SBH .5 SBH
Principal Str.
Floor Area 1000 1000 1000 1000
Minimum (S.F.)
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July 26, 2005
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SECTION V
CN - COMMERClAUNEIGHBORHOOD
5.01 PURPOSE
The purpose of this Section is to set forth the regulations for the areas designated on
Thomas Lucido & Associates Ref. No. 9020, as 'eN'. The CN tract is intended to
provide residents with conveniently located commercial facilities and services that are
typically required on a regular basis.
5.02 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
I) Antique shops; appliance stores; art studios; art supplies; automobile parts
stores; automobile service stations, without major repair; agricultural
supply stores.
2) Bakery shops; banks and financial institutions; barber and beauty shops;
bath supply stores; blue print shops; bicycle sales and services; book
stores.
3) Carpet and floor covering sales (including storage and installation); child
care centers; churches and other places of worship; clothing stores;
confectionery and candy stores; convenience commercial establishments.
4) Delicatessen; drug stores; dry cleaning shops; dry good stores.
5) Electrical supply stores.
6) Fish stores; florist shops; food markets; furniture stores; furrier shops and
fast food restaurants.
7) Gift shops; gourmet shops;
8) Hardware stores; health food stores; hobby supply stores; homes for the
aged; hospices.
9) Ice cream stores; ice sales; interior decorating showrooms.
10) Jewelry stores.
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July 26, 2005
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11) Laundries - self - service; leather goods and luggage stores; locksmiths
and liquor stores.
12) Meat market; medical office or clinic for human care; millinery shops;
mote~ hotel and transient lodging; music stores.
13) Office (retail or professional); office supply stores.
14) Park and ride, paint and wallpaper stores; pet shops; pet supply stores;
photographic equipment stores; post office.
15) Radio and television sales and services; excluding satellite dishes and
antennas; restaurants, including fast foods; small appliance stores; shoe
sales and repairs; restaurants.
16) Souvenir stores; stationery stores; supermarkets and sanatoriums.
17) Tailor shops; tobacco shops; toy shops; tropical fish stores.
18) Variety stores; veterinary offices and clinics (no outside kenneling).
19) Watch and precision instrument sales and repair.
20) Water management facilities and essential services.
21) Any other use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals
("BZA").
B) Permitted Accessory Uses and Structures
1) Accessory uses and structures customarily associated with the uses
permitted in this district.
2) Caretaker's residence.
5.03 DEVELOPMENT STANDARDS
A) Minimum Site Area: As approved under Section 2.04.
B) Minimum Site Width: As approved under Section 2.04.
C) Minimum Yard Requirements from parcel boundaries:
Abutting non-residential areas: Twenty-five (25) feet.
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July 26, 2005
Page 3Ei 8f 116
Abutting residential areas: Thirty-five (35) feet in which as appropriately
designed and landscaped buffer shall be provided, as determined under Section
2.04, and in which no parking shall be permitted.
D) Distance between principal structures: None, or a minimum of five (5) feet with
unobstructed passage from front yard to rear yard.
E) Maximum Height of Structures: Twenty-five (25) feet above the finished grade
of the site.
F) Minimum Floor Area of Principal Structures: One thousand (1,000) square feet
per building on the ground floor.
G) Minimum standards for signs, parking, lighting, and landscaping shall be in
conformance with applicable Collier County regulations in effect at the time
permits are sought.
H) A maximum of sixty thousand square feet (60,000 s.t:) of leasable commercial
building floor area shall be permitted in the CN district, exclusive of motel use.
I) No outside display or storn.ge shall be permitted
1) Maximum density for mote~ hotel, and transit lodging shall be 26 units per acre.
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SECTION VI
lOC' GOLF COURSE
6.01 GOLF COURSE DISTRICT
The Golf Course District is intended to provide for an IS-hole gold course within the
project.
6.02 PERMITIED LOCATIONS
It is recognized that golf courses provide open space for an entire community and serve a
variety of functions including important water management functions. Therefore, the
Golf Course District shall be a floating use and may be located within the Agricultural or
Residential Districts, provided that the density of residential development shall not be
substantially effected.
6.03 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, constructed, reconstructed, or
structurally altered which is designed, arranged, used or intended to be used or occupied,
or land or water used, in whole or in part, upon that portion of the subject parcel
designated as Golf Course District for one or more of the following uses:
A. Permitted principal Uses and Structures
1) Golf Course
2) Racquetball, handball, tennis and other similar types of court(s).
3) Recreation clubs, clubhouse(s), and facilities, including the serving of
alcoholic beverages.
4) Any other use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals
("BZA").
B. Permitted Accessory Uses and Structures
1) Pro-shop, practice driving range, golf learning centers, golf course
shelters, and other customary accessory uses of Golf Courses, Tennis
Clubs, or other recreational facilities.
2) Non-commercial plant nursery.
3) Maintenance shops and equipment storage.
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4) Accessory uses and structures customarily associated with the uses
permitted in this District.
5) Snack bars.
6) A maximum of two (2) residential units in conjunction with the operation
of the golf course.
7) Small commercial establishments, including gift shops, golf and tennis
equipment sales, restaurants, cocktail lounges, and similar uses, intended
to serve patrons of the golf course(s) or tennis club(s) or other permitted
recreational facilities.
6.04 DEVELOPMENT REGULA nONS FOR GOLF COURSE DISTRICT
The purpose of this Section is to detail the development regulations for the Golf Course
District.
A. Maximum Height: - 25'
B. Overall site design shall be harmonious in terms of landscaping, locations of
structures, locations of access streets and parking areas, and location and
treatment of buffer areas.
C. Buildings shall be set back a minimum of fifty (50) feet from abutting residential
neighborhoods and the setback area shall be landscaped. Tennis courts shall be
set back a minimum of five (5) feet from parcel boundaries.
D. Lighting facilities shall be arranged in a manner which will protect roadways and
neighboring properties from direct glare.
6.05 SITE PLAN APPROVAL REOUIREMENTS
A. A plan of the golf course shall be approved in accordance with Section 2.04 prior
to construction.
B. Plans for all principal and all accessory uses shall be submitted to the
Administrator for approval in accordance with Section 2.04.
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July 26, 2005
Page 3!2tf 116
SECTION VII
COMMUNITY USE
7.01 PURPOSE
The purpose of this Section is to set forth the regulations for the areas designated on the Master
Plan, Thomas Lucido & Associates Ref. No. 9020, as CU, Community Use.
The site includes 155 acres, has been dedicated to Collier County and may be used for the
pwposes set forth below and shall satisfy the Collier County Comprehensive Plan's park site
dedication requirements for the project. Of this total, 31 acres are used for CD by Collier County
for the Collier County Fair Grounds.
7.02 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water used,
in whole or in part, for other than the following:
. Parks and playgrounds
. Bicycle, biking and nature trails
. Recreational shelters and restrooms
. Recreational fields, sports facilities and courts
. Passive recreational facilities
. Docks and small boat rentals
. Community centers
. Restaurant or snack bar in conjunction with recreational activities
. Water management facilities and essential services
. Collier County Fair Grounds
. State of Florida Forestry Department facilities
. Fire State Site
. Household waste and recycling facilities
. Other governmental facilities
. Park and ride facilities
. Any other use which is comparable in nature with the foregoing list of permitted principal
uses, as determined by the Board of Zoning Appeals ("BZA").
7.03 DEVELOPMENT STANDARDS
A. Minimum site area: None
B. Minimum setback from tract boundaries: 50', except that household waste
and recycling facilities shall be set back 100' from abutting residential districts.
C. Minimum setback from road right-of-way: 25'
D. Maximum height of structures: 25' (except fire observation tower)
E. Minimum distance between buildings: ~ the sum of their heights
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July 26, 2005
Page 4(2af 116
F. Minimum standards for parking, lighting, signs, and landscaping shall conform
with applicable Collier County regulations in effect at the time permits are sought.
Agenda Item No. BE
July 26, 2005
Page 4~ef 116
SECTION vnl
'SP' SCHOOUPARK
8.01 PURPOSE
The purpose of this Section is to set forth the regulations for the areas designated on the
Master Plan, Thomas Lucido & Associates Ref. No. 9020, 'SP' SchoollPark.
The SP site includes 25 acres reserved for use as a school site and associated park
facilities.
This site shall be dedicated to the Collier county Public School District at the
convenience to the developer, or when requested by the School District, whichever
occurs first. The site shall be provided with potable water and sanitary sewer service in
conformance with this documents and all applicable standards and requirements.
An additional 11 acres is reserved for use as a community recreational park as shown on
the Master Plan.
8.02 PERMITTED USES AND STRUCTIJRES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
1) Elementary or middle school and facilities
2) Parks and playgrounds
3) Bicycle, hiking and nature trails
4) Recreational shelters and restrooms
5) Recreational fields, sports facilities and courts
6) Water management facilities and essential services
7) Any other use which is comparable in nature with the foregoing list of permitted
principal uses as determined by the Board of Zoning Appeals ("BZA").
8.03 DEVELOPMENT STANDARDS
1) Minimum Site Area: As approved under Section 2.04
2) Minimum Site Width: As approved under Section 2.04
3) Minimum Yard Requirements:
30' from all 'SP' tract boundaries for principal structures
20' from lake banks
4) Maximum Height: 25'
5) Minimum Floor Area of Principal Structures: One thousand (1000) square feet
per building on the first habitable floor.
6) Distance Between Principal Structures: 'l2 the sum of the building heights or 30',
whichever is greater. Minimum standards for signs, parking, lighting, and
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July 26, 2005
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landscaping shall be in conformance with applicable Collier County regulations in
effect at the time permits are sought.
7) Lighting fucilities shall be arranged in a manner which will protect roadways and
neighboring properties from direct glare or other interference.
8) Prior to development, a development plan for the tract shall be approved in
accordance with Section 2.04.
Agenda Item No. BE
July 26, 2005
Page 4~~f 116
SECTION IX
PUBLIC FACILITIES
9.01 PURPOSE
The purpose of this Section is to set forth the regulations for the areas designated on the
Master Plan as PF, Public Facilities.
The site includes 147 acres, is owned by Collier County and may be used for the
purposes set forth below and shall satisfy the Collier County Comprehensive Plan's
requirements for public facilities.
9.02 PERMfITED USES AND STRUCTIJRES
The following uses are permitted within the PF district:
1 ) Water treatment plants
2) Wastewater reclamation plants
3) Administrative facilities common to treatment plants
4) Raw water wells
5) Injection wells
6) Storm water management facilities
7) Accessory structures including but not limited to maintenance facilities, fueling
facilities, communications towers, and other accessory facilities commonly
associated with water treatment and water reclamation facilities.
9.03 DEVELOPMENT STANDARDS
1) Minimum site area: None
2) Minimum setback from tract boundaries:
100' for water and water reclamation buildings and structures,
50' for common administrative facilities,
15' for all other facilities, including raw water wells
3) Minimum setback from road right-of-way: 25'
4) Maximum height of structures: 60'
5) Minimum distance between buildings: 10'
6) Minimum standards for parking, lighting, signage, and landscaping shall conform
with the applicable Collier County regulations in effect at the time permits are
sought.
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July 26, 2005
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26
SECTION X
GENERAL DEVELOPMENT COMMITMENTS
10. 01 PURPOSE
The pwpose of this Section is to set forth the general development commitments for the
project.
10. 02 DEVELOPMENT COMMITMENTS
A. ENERGY
1) Construction shall comply with applicable local and state energy codes.
2) Reasonable "good faith" efforts to utilize state-of-the-art energy
conservation techniques shall be made with practically and economically
feasible. Such techniques may include, but shall not be limited to the
following:
a. Provision of bicycle racks and/or storage facilities in office and
commercial areas and in multi-family residential areas.
b. Cooperation in the locating of bus stops, shelters and other
passenger and system accommodations when a transit system is
developed to serve the project area.
c. Use of energy-efficient features in window design (e.g., shading
and tinting).
d. Use of operable windows and ceiling fans.
e. Installation of energy-efficient appliances and equipment.
f. Reduced coverage by asphalt, concrete, rock and similar
substances in streets, parking lots and other areas to reduce local
air temperatures and reflected light and heat.
g. Installation of energy-efficient lighting for streets, parking areas,
recreation areas and other interior and exterior public areas.
h. Selection of native plants, trees and other vegetation and landscape
design features that reduce requirements for water, fertilizer,
maintenance and other needs.
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27
1. Planting or retention of native shade trees to provide reasonable
shade for all recreation areas, streets and parking areas.
J. Placement of trees to provide needed shade in the wanner months
while not overly reducing the benefits of sunlight in the cooler
months.
k. Planting or retention of native shade trees for each residential unit.
1. Orientation of structures, as possible, to reduce solar heat gain by
walls and to utilize natural cooling effects of the wind.
m Provision for structural shading (e.g., trellises, awnings and roof
overhangs) wherever practical when natural shading cannot be
used effectively.
n. Inclusion of porch/patio areas in residential units.
3) Deed restrictions and other mechanisms shall not prohibit or prevent the
use of alternative energy devices such as solar collectors (except when
necessary to protect the public health, safety and welfare).
B.
AIR QUALITY
1) The developer shall comply with applicable codes and apply for required
permits relative to air quality, where such permits are required.
C. TRANSPORTATION
1) Road impact fees shall be paid in accordance with Collier County
Ordinance 01-13, or Division 3.15 of the Land Development Code, as
amended.
2) The developer shall provide separate left and right turn lanes on
Immokalee Road as the project's access if deemed necessary by either the
Transportation Operations Director or Transportation Engineer, and shall
fund one hundred percent of the capital cost of any traffic signals
associated with the ingress and egress when deemed warranted by the
County Traffic Operations Engineer. The signal shall be owned, operated
and maintained by Collier County.
3) The developer shall bear the entire cost of all traffic signals which may
become needed at intersections within the project.
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July 26, 2005
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28
D. WATER MANAGEMENT
1) A master/conceptual water management system design shall be submitted
to and approved by the Water Management Advisory Board prior to the
submittal of construction plans to the County Engineer.
2) Detailed water management construction plans shall be submitted for
approval to the County Engineering Department prior to commencement
of construction.
3) . Surface Water Management Permits shall be obtained from the South
Florida Water Management District prior to the commencement of
development.
4) The water management for the Orangetree project shall implement water
quality "best management practices" to the extent possible.
5) An Excavation Permit will be required fur the proposed lakes in
accordance with Collier County Ordinance No. 80-26, as amended by
Ordinance No. 83-3, and as may be amended in the future.
6) Reservoirsllakes wholly located in agriculturally designated land may vary
from typical construction specifications of County Ordinance No. 88-26 as
approved by the Board of County Commissioners through the excavation
permit process. If the use of the land surrounding the agricultural
reservoirsllakes is ever changed to a use other than agriculture, all areas of
the reservoirs/lakes will be required to meet standards specified in the
County Excavation Ordinance in effect at that time.
E. WATER AND SEWER
1) Water Facilities - Developer shall provide an on-site potable water source
and shall construct an on-site potable water treatment plant and
distribution system. The system shall be designed and constructed, by
phases if desired, to serve all developed portions (agricultural areas
excluded) of the project; including flows adequate to provide fire
protection. All components shall be designed and constructed in
accordance with applicable Collier County and State of Florida
requirements.
2) Sewer Facilities - Developer shall construct an on-site sewage treatment
plant and sewage collection and transmission system to serve all
developed portions. Treatment plant shall provide treatment levels,
pursuant to Chapter 17-6.040(q), Florida Administrative Code, required to
allow use of treated effluent in the proposed on-site drip irrigation system.
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July 26, 2005
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All components shall be designed and constructed in accordance with
applicable Collier County and State of Florida requirements.
During the time that the Developer operates the sewage treatment plant,
data required pursuant to County Ordinance No. 80-112 showing the
availability of sewage service will be submitted for approval by the
Utilities Division prior to approval of the construction documents for the
project and for all building permits required. Copies of the approved DER
permits for the sewage collection and transmission systems and the on-site
wastewater treatment facility shall be submitted upon receipt to the
Utilities Division.
3) Plans Approval - All construction plans and technical specifications and
proposed plans, if applicable, for the proposed water distrIbution and
sewage collection and transmission facilities must be reviewed and
approved by the Utilities Division prior to commencement of construction.
Detailed hydraulic design reports covering the complete water and sewer
systems to serve the project will be submitted with the construction
documents for the project. These reports shall list all design assumptions,
demand rates and other factors pertinent to the systems under
consideration.
Prior to approval of construction documents by the Utilities Division, the
Developer will present verification, pursuant to Chapter 367, Florida
Statutes, that the Florida Public Service Commission has granted territorial
rights to the Developer to provide sewer and/or water service to the project
until the County can provide these services through its water and sewer
facilities.
Upon completion of construction the water and sewer facilities will be
tested to insure they meet Collier County's minimum requirements, a
comprehensive inspection of the facilities made by the Utilities Division
and record drawings of the facilities filed with the Utilities Division.
Any utility entity established to serve or serving the project shall also be
bound by these General Development Obligations concerning the
provision of water and sewer related utilities to the project.
4) Facilities Ownership and Conveyance - It is understood by Developer that
Collier County may, at some future time, desire to serve the project water
and sewer services. To that end, Developer freely and voluntarily agrees
to convey at no cost all water and sewer treatment plants and
distribution/collection and transmission system components to Collier
County. Notwithstanding anything herein to the contrary, the County in
turn will agree not to make formal request to serve the project with water
or sewer related services until on or after January 1, 2001. In that regard,
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Developer and any interim utility established to serve the Project shall
enter into a specific agreement with and acceptable to County which
outlines the procedures, covenants, obligations and responsibilities arising
from these General Development Obligations concerning the provision of
water and sewer related utilities to the project.
Once the water/sewer systems have been conveyed to Collier County, any
required expansions to the on-site water treatment plant or sewage
treatment plant shall be the responsibility of Collier County and shall be
accomplished as required to meet project demand, at the expense of
Collier County. All required expansions ofthe water distribution/sewage
collection systems shall be the responsibility of the Developer, and shall
be designed and constructed to Collier County and State of Florida
requirements. On completion of construction, the facilities will be tested
to insure they meet Collier County's minimum requirements, at which time
they will be conveyed or transferred to the County, when required by the
Utilities Division, pursuant to appropriate County Ordinances and
Regulations in effect at the time of conveyance or transfer is requested,
prior to being placed into service.
5) Rights-of-waylEasements - All components of the water and sewer
systems that may be conveyed to Collier County including treatment
plants, shall be constructed within public rights-of-way or on lands owned
or controlled by Developer for which Developer can provide utility
easements to Collier County. All water and sewer facilities constructed on
private property and not required by the County to be located within utility
easements shall be perpetually owned, operated and maintained by the
Developer, his assigns or successors. At the time of system conveyance
Developer shall provide all required easements.
At such time as Collier County discontinues operation of the on-site water
or sewer plants, the plant site shall be conveyed back to the developer by
applicable statutory deed and site utility easements shall be vacated,
except that an easement shall be reserved for any connecting facilities
required, pursuant to paragraph 6).
6) Connection to county Water and/or Sewer Facilities - All construction
plans and technical specifications related to connections to the County's
off-site water and/or sewer facilities will be submitted to the Utilities
Division for review and approval prior to commencement of construction.
Upon connection to the County's off-site water facilities, and/or sewer
facilities, the Developer, his assigns or successors shall abandon,
dismantle and remove from the site the interim water and/or sewage
treatment facility and discontinue use of the water supply source, if
1/11200I>-16467. Ver. OIl-aT_
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Agenda Item No. BE
July 26, 2005
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31
applicable, in a manner consistent with State of Florida standards. All
work related with this activity shall be performed at no cost to the County.
Connection to the County's off-site water and/or sewer facilities will be
made by the Developer, their assigns or successors at no cost to the
County within 120 days after such facilities become available at the
project site. The cost of connection shall include, but not be limited to, all
engineering design and preparation of construction documents, permitting,
modification or refitting of sewage pumping facilities, interconnection
with County off-site facilities, water and/or sewer lines necessary to make
the connection(s).
7) Customers - All customers connecting to the water distribution and
sewage collection facilities will be customers of the developer or the
interim utility established to serve the project until Collier County makes
formal request for dedication of the water and sewer systems. At that
time, the customers served on an interim basis by the utility system
constructed by the Developer shall become customers of the County.
Prior to connection of the project to the County's off-site water and/or
sewer facilities, or the County assuming operation and maintenance
responsibility for the water and/or sewer systems the Developer.. and/or his
assigns, or successors shall turn over to the County a complete list of the
customers served by the interim utilities system and shall not compete
with the County for the service of those customers.
The Developer shall also provide the County with a detailed inventory of
the facilities served within the project and the entity which will be
responsible for the water and/or sewer service billing for the project.
8) System Development Charges - During that period of time that the water
and sewer utility system is owned, operated and maintained by Developer,
Developer may charge a system development charge to each connecting
customer in an amount as approved and allowed by the Florida Public
Service Commission (pSe).
Developer agrees to pay all applicable system development charges or
impact fees at the time that building permits are required, pursuant to
County ordinances and regulations then in effect. As well, Developer
acknowledges that upon connection of the interim facility to the off-site
treatment and transmission facilities operated and maintained by the
County that all owners of existing properties characterized as new users
and subject to the imposition of either a water or sewer impact fee will be
required to pay system development charges or impact fees for such new
use. On the other hand, buildings, structures, or improvements, either
existing or which have been issued a building permit for which
construction is proceeding in good faith, shall not be required to pay a
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Agenda Item No. BE
July 26, 2005
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32
water or sewer impact fee, whichever the case, if at the time the County
formally and of its own volition resolves to provide the Project with water
or sewer related services, the Board of Commissioners, in good faith,
expressly declares its intention to operate the water or sewer utility
treatment facilities as a part of its regional system, or as a stand alone
system without an intention to immediately dismantle and disconnect from
the existing on-site treatment facilities. Notwithstanding the provisions of
this subparagraph 8 a subsequent ordinance of general application,
effective at the time of connection of the interim facility to the off-site
treatment and transmission facilities operated and maintained by the
County which has contrary or differing provisions relative to the
imposition of water and/or sewer system development charges or impact
fees, shall be construed as superseding the applicable provisions of this
subparagraph 8.
9) Developer shall be allowed up to ten (10) temporary private wells and
individual sewage disposal systems as areas are developed prior to
construction or expansion of the central systems. All such temporary
facilities shall comply with applicable state and county regulations and
shall acquire required permits.
F. ENVIRONMENTAL
1) A site clearing plan shall be submitted to the Environmental Services
Department Staff for its review and approval prior to any substantial work
on the site. This plan may be submitted in phases to coincide with the
development schedule. The site clearing plan shall clearly depict how the
final site layout incorporates retained native vegetation to the maximum
extent possible and how roads, buildings, lakes, parking lots, and other
facilities have been oriented to accommodate this goal.
2) Native species shall be utilized, where available, to the maximum extent
possible in the site landscaping design. A landscaping plan will be
submitted to the Environmental Services Department Staff for its review
and approval. This plan will depict the incorporation of native species and
their mix with other species, if any. The goal of site landscaping shall be
the re-creation of native vegetation and habitat characteristics lost on theesite during construction or due to past activities.
3) All exotic plants, as defined in the County Code, shall be removed during
each phase of construction from development areas, open space areas, and
preserve areas. Following site development, a maintenance program shall
be implemented to prevent reinvasion of the site by such exotic species.
This plan, which will describe control techniques and inspection intervals,
shall be filed with and approved by the Environmental Services
Department Staff
Agenda Item No. BE
July 26, 2005
Page 51 of 116
33
4) If, during the course of site clearing, excavation, or other constructional
activities, an archaeological or historical site, artifact, or other indicator is
discovered, all development at that location shall be immediately ~topped
and the Environmental Services Department Staff notified. Development
will be suspended for a sufficient length of time to enable the
Environmental Services Department Staff or a designated consultant to
assess the find and determine the proper course of action in regard to its
salvageability. Environmental Services Department Staff will respond to
any such notification in a timely and efficient manner so as to provide
only a minimal interruption to any constructional activities.
G. EDUCATION
1) The project shall fully mitigate its fiscal impacts by donating a 25 acre
parcel to the Collier County Public School District to be utilized as a
school site.
2) Future development of the educational facilities within this PUD Zoning
District shall be subject to the two Interlocal Agreements between the
Board of County Commissioners of Collier County, Florida and the
Collier County School Board to establish educational plant and ancillary
plant site development review processes.
H. FIRE PROTECTION
1) The developer commits to providing a central water system to all
residential and commercial facilities which is capable of providing fire
flow capacities as required by Collier County.
2) Building heights shall be limited to twenty-five (25) feet for all habitable
structures in accordance with Corkscrew Fire District's equipment
capabilities.
I. FISCAL
The developer has agreed to dedicate a school site to the School Board, and to
donate fifty-five (55) acres to the County for public use purposes, including the
Collier County Fairgrounds. The Developer has also donated $25,000 to the
Corkscrew Fire District for equipment on August 3, 1987. These donations shall
mitigate the project's fiscal impacts.
10. 03 DEVELOPMENT PLAN
A. The Master Plan, Thomas Lucido & Associates Ref. No. 9020, is an illustrative
preliminary development plan.
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34
B. The design criteria and layout illustrated in the Master Plan shall be understood as
flexible so that the final design may best satisfy the project and comply with all
applicable requirements.
C. Minor design changes shall be permitted subject to County staff administrative
approval.
10. 04 AMENDMENT
Amendments of this PUD Document, or of the Master Land Use Plan, shall be
accomplished according to the procedures set forth by Collier County for amendments to
a planned unit development.
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ZONING AND DEVELOPMENT DOCUMENT
for
ORANGETREE
And
COLLIER COUNTY PUBLIC UTILITIES ENGINEERING DMSION
First Amendment
Prepared by:
WilsonMiller. Inc.
Engineers. Planners and Land Surveyors
3200 Bailey Lane at AiIport Road. Suite 200
Naples. Florida ~ 34105
PUD Amendment Application
November 22, 1989
Revised February 27, 1991
Revised May 13, 1991
Revised May 11, 2004
Revised October 26, 2004
Revised 2005
Revised AprilS. 2005
Revised May 12. 2005
Original Z & DD Approval: December 10, 1985
Ordinance Number: 87-13
Approved by CCPC: December 20, 1990
Approved by BCC: June 1991
Ordinance Number: 91-43
Approved by CCPC: March 4, 2004
Approved by BCC: May 11, 2004
Ordinance Number: 2004-30
Approved by CCPC: September 16, 2004
Approved by BCC: November 16, 2004
Ordinance Number: 2004-73
Exlnbit "A"
Agenda Item No, BE
July 26, 2005
Page 5-,!of 116
INDEX
PAGE
Index 2
Statement of Compliance 2A
List of Exhibits and Tables 3
SECTION I Property Description 4
SECTION II Project Development 5
SECTION III Agricultural Development 10
SECTION IV Residential Development -l-I- 12
SECTION V Commercial/Neigbborhood 16
SECTION VI Golf Course 19
SECTION VII Community Use ~ 21
SECTION VIII School/Park ~ 23
SECTION IX Public Facilities 25
SECTION IX General Development Commitments 26
6I1li2OO6-1511lQo1 Vr. 031- CWARO
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70001 ;!()4.401- E'MlK- 2Il1oe
Agenda Item No. BE
July 26, 2005
Page 52Af 116
STATEMENT OF COMPLIANCE
The Develoument of aooroximatelv 2136.8 acres of nrooertv in Collier Countv. as a Planned Unit
Develooment. known as 0ran2etree. will be in comoliance with the 2oals. objectives and ooHcies of
Collier Counw as set forth in the Growth Management Plan. The Devel~ment is subiect to. and will also
be in compliance with the Bindin~ Letter of Intetpr.etation of Vested Ril!hts StatuslBinding Letter of
Interpretation of Modification to a Develooment of Regional Impact with vested Ril!htslVested Ril!hts
Status notification issued bv the Florida Department of Community Affairs on April 8. 1986. The
residential. commercial. agricultural. community facility. public facility and recreational uses of
Oran~tree will be consistent with the growth nolicies. Land Development re2Ulations. and applicable
comprehensive nlanninl! objectives of each of the elements of the Growth Mana~ement Plan for the
following reasons:
1. The subject mooertY's location in relation to existing or nroposed community facilities and
services nermits the develomnent's residential density as reauired in Obiective 2 of the Future
Land Use Element.
2. The nroject develOtJIDent is compatible with and cOlIlplementarv to existin2 and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
3. Improvements are planned to be in coIDnliance with applicable land development regulations as
set forth in Obiective 3 of the Future Land Use Element
4. The proiect development will result in an efficient and economical extension of community
facilities and services as reauired in Objective 3 of the Future Land Use Element.
5. The project's 2fQSS density. commercial uses. and other non-residential uses. are consistent with
the Rural Settlement Area desipation in the Future Land Use Element and Golden Gate Area
Master Plan of the Growth Manuement Plan. The Rural Settlement Area District allows the uses
identified in the Orangetree PUD and does not establish maximum densities or intensities.
SHORT TITI..E
This Ordinance shall be known and cited as the "Oran2etree Planned Unit Develooment
Ordinance."
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LIST OF EXHIBITS AND TABLES
EXHIBIT A
EXHIBITB
TABLE I
TABLE II
TABLE III
8I1~151_ Vr.03I-CWARD
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70001..2lJ4.OO1- EWRK- 28106
Master Plan
(prepared by Thomas Lucido & Associates Ref. No. 9020)
Legal Description
Land Use Summary
Estimated Market Absmption Schedule
Development Standards
Agenda Item No. BE
July 26, 2005
Page 5~Qf 116
Agenda Item No. BE
July 26, 2005
Page 5~o.f 116
SECTION I
PROPERTY DESCRIPTION AND OWNERSHIP
1.01 INTRODUCTION. LOCATION. AND PURPOSE
It is the intent of Amnon Golan, Trustee, Orangetree Associates, (hereinafter called
"M>Plicant or Developer") to establish a Development on approximately 2,136.87 acres
of property located in Collier County, Florida. The subject property is described as
''North Golden Gate" on Collier County maps and is bounded on the west by Immokalee
Road (CR 846), on the south by Randall Boulevard and is bounded on the north and east
by drainage ways. Oil Well Road (CR 858) runs through the site in an east-west
direction.
1.02 LEGAL DESCRIPTION
Legal Description:
This parcel contains approximately 2,136.87 acres and is platted as North Golden Gate
and recorded in the Public Records of Collier County, Florida as follows:
Unit 1 Plat Book 9 Pages 12-28
Unit 2 Plat Book 9 Pages 39-43
Unit 3 Plat Book 9 Pages 125-142
Unit 4 Plat Book 9 Pages 53-64
Unit 5 Plat Book 9 Pages 65-72
Unit 6 Plat Book 9 Pages 74-78
Unit 7 Plat Book 9 Pages 85-97
Less and except those lands described in Exhibit .'B" attached, containing 615.93:t acres.
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Agenda Item No. BE
July 26, 2005
Page 5~of 116
SECTION II
PROJECT DEVELOPMENT
2.01 PURPOSE
The purpose of this Section is to generally describe the plan of the development and
delineate the general conditions that will apply to the project.
2.02 GENERAL PLAN OF DEVELOPMENT
The subject parcel is designed as a mixture of agriculture, residential uses, commercial
and community oriented facilities, and recreational elements.
2.03 COMPLIANCE WITH APPLICABLE ORDINANCES
The project is intended to be in substantial compliance with the applicable Collier County
Zoning and Subdivision regulations as well as other Collier County development codes in
effect at the time permits and/or plats are requested.
2.04 SUBDIVISION MASTER PLAN AND SITE DEVELOPMENT PLAN APPROVAL
The review and approval of subdivision master plans and construction plans shall follow
the design and development standards and review procedures regulating subdivisions of
the Collier County Ordinances in effect at the time of development. The developer
reserves the right to request exceptions and modifications to the standards set forth in
applicable regulations.
For site development plan approval, the provisions of Subsection 10.02.03 of the Land
Development Code shall apply to the development of platted tracts or parcels of land as
provided in Subsection 10.02.03 prior to the issuance of a building permit or other
development order.
2.05 LAND USES
Table I is a schedule of the intended land use types, with approximate acreages and total
dwelling units indicated. The arrangement of these land use types is shown on the Master
Plan, Thomas Lucido & Associates Ref. No. 9020. Changes and variations in design and
acreages shall be permitted at final design to accommodate topography, vegetation, and
other site conditions. The specific location and size of individual tracts and the
assignment of dwelling units thereto shall be submitted to the Administrator for approval
or denial, as described in Section 2.04 of this document.
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Agenda Item No. BE
July 26, 2005
Page 5~o.f 116
2.06 PROJECT DENSITY
The total acreage of the subject property is approximately 2,136.87 acres. The maximum
number of dwelling units to be built on the total acreage is 2,100. The number of
dwelling units per gross acre is approximately 0.98. The density on individual parcels of
land throughout the project may vary according to the type of housing placed on each
parcel ofland but shall comply with guidelines established in this document.
2.07 PERMITTED VARIATIONS OF DWELLING UNITS
All properties designated for residential uses may be developed at the maximum number
of dwelling units as assigned under Section 2.04, provided that the total number of
dwelling units shall not exceed 2,100. The Administrator shall be notified in accordance
with Section 2.04 of such an increase and the resulting reduction in the corresponding
residential land use types or other categories so that the total number of dwelling units
shall not.exceed 2,100.
The maximum number of dwelling units by type as shown in Table I shall not vary by
more than twenty (20) percent in each category. The maximum number of dwelling units
shall include all caretaker's units but does not include the designated hotel rooms.
2.08 DEVELOPMENT SEQUENCE AND SCHEDULE
The applicant has not set "stages" for the development of the property but the property is
to be developed over an estimated 15 year-time period. Any projection of project
development can be no more than an estimate based on current marketing knowledge.
The estimate may, of course, change depending upon future economic factors. Table II
indicates, by phase, the estimated absorption of units for the estimated 15 year
development period.
2.09 RESERVATION OF NATURAL VEGETATION AND TREE REMOVAL
Clearing, grading, earthwork, and site drainage work shall be performed in accordance
with the Development Standards outlined in this documents.
2.10 EASEMENTS FOR UTILITIES
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 COlIDty Subdivision Regulations in effect at the time a permit is
requested or required.
All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities in substantial compliance
with applicable regulations in effect at the time approvals are requested.
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Agenda Item No. 8E
July 26, 2005
Page 6CjQf 116
2.11 EXCEPTIONS TO THE COLLIER COUNTY SUBDMSION REGULATIONS
Exceptions to the Subdivision Regulations shall be requested at the time of Subdivision
Master Plan review and approval.
2.12 LAKE SITING
As depicted on the Master Plan, Thomas Lucido & Associates Ref. No. 9020, lakes and
natural retention areas have been sited adjacent to existing and planned roadways. The
goals of this are to achieve an overall aesthetic character for the project, to permit
optimum use of the land, and to increase the efficiency of the water management
network. Accordingly, the setback requirements described in Ordinance 80-26, Section
8A, may be reduced with the approval of the County Engineer. Fill material from lakes is
planned to be utilized within the project, however excess fill material may be utilized off-
site, subject to the provisions of the excavation ordinance in effect at the time permits are
sought.
2.13 ROADS
Collector roads will be public roads. Local roads within the development may be either
public or private roads, depending on location, capacity, and design.
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Agenda Item No. BE
July 26, 2005
Page 6'801' 116
LAND USE SUMMARY
TABLE I
R-3
DESCRIPTION UNITS
Agriculture *2
Golf Course *2
Residential 143
Residential 1797
Residential 160
APPROXIMATE ACREAGE
SYMBOL
AG
~ 131*1
GC
200*3
R-l
110
R-2
586
30
CD
Community Use
86 155
147
PF
Public Facility
U
Utility
15
SP
School/Park
~171
CN
Neighborhood (Max. 60,000
Commercial S.F. plus motel units)
22
RW
Right-of-Way
149.8
Total 2, 100
420
2,136.81*4
LAKE
NOTE:The projected total unit summary represents one possible residential mix to yield 2,100
units. Should there be an increase of units in any residential category, there would be a
corresponding decrease in other categories to maintain a maximum total of 2,100 units.
R-l One-half acre lots - single family.
R-2 Detached and attached single family.. duplex and triplex, cluster homes, zero lot line,
villas, patio homes, townhouses.
R-3 Cluster homes, zero lot line villas, patio homes, townhouses, garden apartments (2-story
max.).
* 1 Includes agricultural reservoirs.
*2 Approved breakdown of agriculture and golf course lands.
*3 Includes golf course related lakes.
"'4 Based on actual survey of acreage.
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Agenda Item No. 8E
July 26, 2005
Page 6~of 116
ESTIMA TED MARKET ABSORPTION SCHEDULE
TABLE II
YEAR DWELLING UNIT CUMULATIVE
PRODUCTION TOTAL
1 0 0
2 70 70
3 100 170
4 140 310
5 160 470
6 160 630
7 160 790
8 165 955
9 165 1,120
10 165 1,285
11 165 1,450
12 165 1,615
13 165 1,780
14 160 1,940
15 160 2,100
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Agenda Item No. BE
July 26,2005
Page. ~~of 116
SECTION III
AGRICULTURAL DEVELOPMENT
3.01 PURPOSE
The purpose of this Section is to set forth the regulations for the areas designated on the
PUD Master Plan, Thomas Lucido & Associates Ref. No. 9020 as AG.
3.02 GENERAL DESCRIPTION
The AG District is intended to apply to those areas, the present or prospective use of
which is agricultural, pastoral or rural in nature. This district is designed to accommodate
both traditional agricultural uses and techniques, and conservation measures where
appropriate, and public educational plants and ancillary plants, while protecting the rural
areas of the County. The regulations in this district are intended to permit a reasonable
use of the property, while at the same time prevent the creation of conditions which
would seriously endanger, damage, or destroy the agricultural base of the County, or
environmental resources, potable water supply, or the wildlife resources of the County.
To this end, the use of drip-irrigation techniques or any other low volume irrigation, like
microjet, shall be implemented for agricultural uses (golf course excepted) in this district.
3.03 PERMITTED USES AND STRUCTURE
A. Permitted Principal Uses and Structures:
1) Agricultural activities, such as field crops, reservoirsllakes, orchards,
horticulture, fruit and nut production.
2) Educational plants:
An ''Educational Plant" comprises the educational facilities, site and site
improvements necessary to accommodate students, facility,
administrators, staff, and the activities of the educational program of each
plant that is operated by the Collier County School Board.
B. Conditional Uses:
1) Ancillary plants:
An "Ancillary Plant" is comprised of the building, site and site
improvements necessary to provide such facilities as vehicle maintenance,
warehouses, maintenance, or administrative buildings necessary to provide
support services to an educational program operated by the Collier County
School Board.
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Agenda Item No. 8E
July 26, 2005
Page M o.f 116
C. Permitted Accessory Uses and Structures:
1) Accessory uses and structures which are incidental to and customarily
associated with uses permitted in the district.
2) On-site retail sales of farm products primarily grown on the farm.
3) Caretakers residences.
D. Permitted Uses/Conditional Uses Requiring Site Development Plan Approval:
1. Packing Houses
2. Public educational plants and ancillary plants
E. Development Standards for Educational Plants and Ancillary Plants:
1. In accordance with the Interlocal Agreement between the Board of County
Commissioners and the Collier County School Board adopted May 16, 2003,
set forth in the LDC or its successor ordinance.
2. Building height shall be a maximum of forty-eight (48) feet for principal
structures and thirty-six (36) feet for acceSSOIY structures.
3. All required buffers for the School Board's property shall be in place by
December 31,2004.
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Agenda Item No. BE
July 26,2005
Page.ll~ of 116
SECTION IV
RESIDENTIAL DEVELOPMENT
4.01 PURPOSE
The purpose of this Section is to set forth general regulations for the areas designated on
the Master Plan Thomas Lucido & Associates Ref. No. 9020 as Residential (R-l to R-3).
4.02 MAXIMUM DWELLING UNITS
A maximum number of 2,100 dwelling units may be constructed on lands designated as
Residential (R-l to R-3) except as permitted by Section 2.07.
4.03 GENERAL DESCRIPTION
Areas designed as Residential (R-l to R-3) Thomas Lucido & Associates Ref. No. 9020
are designed to accommodate a full range of residential dwelling types, recreational
facilities, essential services, customary accessory uses, and compatible land uses such as
religious, governmental, and educational facilities provided such uses meet the
development standards as set forth in this document.
Four residential land use categories have been identified on the Master Plan. The R-l
designation includes approximately 110 aces and will accommodate single family
development on one-half acre lots. The R-2 designation includes approximately 586
acres and will provide for both conventional detached and attached single family
development. The R-3 designation includes approximately 30 acres of low density
cluster and multi-family development.
4.04 PERMITIED PRINCIPAL USES AND STRUCTURES
R-l
. Detached single family homes
. Model units
. Recreational facilities, parks, lakes and water management facilities
R-2
. Detached and attached single family homes
. Duplex and triplex units
. Cluster homes, zero lot line, villas, patio homes, townhouses
. Model units
. Recreational facilities, parks, lakes and water management facilities
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Agenda Item No, BE
July 26, 2005
Page €l~ of 116
R-3
. Cluster homes, zero lot line, villas, and patio homes
. Townhouses
· Garden apartments, low rise multi-family
· Recreational facilities, parks, lake and water management facilities
4.05 PERMITTED ACCESSORY USES AND STRUCTURES
· Accessory uses and structures customarily associated with uses permitted in this
district
· Essential services and facilities
· Guest homes in R -1 areas on lots one acre or larger in size
4.06 PERMITTED USES AND STRUCTURES REQUIRING DEVELOPMENT PLAN
APPROVAL UNDER SECTION 2.04
. Religious facilities
· Civic and cultural facilities
· Educational facilities
. Private Clubs
· Child care centers - owner occupied
. Rest homes, foster homes, rehabilitation center, hospices
· Other non-residential uses customary in residential districts
4.07 DEVELOPMENT STANDARDS
The following Sections set forth the development standards for permitted uses within the
subject parcel.
a. Standards for landscaping, signs, parking and other land uses not specified herein
are to be in accordance with Collier County Zoning Regulations in effect at the
time permits are requested Unless otherwise indicated, setback, height, and floor
area standards apply to principal structures.
b. Roadway setbacks shall be measured as follows:
1. If the parcel is served by a public right-of-way, setback is measured from
the adjacent right-of-way line.
2. If the parcel is served by a private road, setback is measured from the road
easement or parcel line.
3. If the multi-fumily parcel is served by a private drive, setback is measured
from the back of cum or edge of pavement, whichever is greater.
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Agenda Item No. BE
July 26, 2005
Page. et~of 116
DEVELOPMENT STANDARDS
"R" Residential Areas
TABLE ill A
Permitted Uses R-l Villas, Single Low Rise
Standards Detached Patio & Family and Garden R-2
Cluster Attached Apartments Detached
Homes Townhouse
Minimum Site
Area Y2-AC 3000 SF 3000 SF 6000 SF
x units
Site Width
Min. Avg. 120 60
Front Yard
Setback 30 20 20 25 25
Side yard
Setback 20 o or 10 o or 10 15 5.5
Rear Yard
Setback 25 15 25 30 20
Rear Yard
Setback Acsry. 0 0 0 0 5
Max. Building
Height 25 25 25 25 25
Dist.Between
Principal Str. N/A N/A .5SBH .5 SBH N/A
Floor Area
Minimum (S.F). 1200 750 900 750 1000
SITE DEPTH AVERAGE: Determined by dividing the site area by the site width..
SITE WIDTH: The average distance between straight lines connecting front and rear parcel
lines at each side of the site, measured as straight lines between the foremost points of the side
parcel lines in the front (at the point of intersection with the front parcel line) and the rearmost
point of the parcel lines at the rear (point of intersection with the rear parcel line).
SBH: (Sum of Building Height): Combined height of two adjacent buildings for the purpose of
determining setback requirements.
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Agenda Item No. BE
July 26, 2005
Page. ()~ of 116
DEVELOPMENT STANDARDS
"R" Residential Areas
TABLEmB
PERMITTED USES EDUC. CMC/ RELIGIOUS PRIVATE OTHER
STANDARDS FACILITIES CULTURAL FACILITIES CLUB USES
FACILITIES NOT
LISTED
Minimum Site As determined during the Per County
Area process under Section 2.04. Regulations
in effect at the
Site Width As determined during the time a permit is
Min. Avg. process under Section 2.04. requested.
Site Depth As determined during the
Min. Avg. process under Section 2.04.
Front Yard 40 40 40 30
Setback
Side Yard 30 30 30 20
Setback
Lake Bank 20 20 20 20
Setback
Rear Yard 30 or BH 30 or BH 30 or BH 30
Setback
Rear yard 10 10 10 10
Setback Acsry.
Max Building 25 25 25 25
Height (Ft)
Dist.Between .5SBH .5SBH .5SBH .5 SBH
Principal Str.
Floor Area 1000 1000 1000 1000
Minimum (S.F.)
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Agenda Item No. BE
July 26, 2005
Page. !l!6o.f 116
SECTION V
CN - COMMERClAUNEIGHBORHOOD
5.01 PURPOSE
The purpose of this Section is to set forth the regulations for the areas designated on
Thomas Lucido & Associates Ref. No. 9020, as 1eN'. The CN tract is intended to
provide residents with conveniently located commercial facilities and services that are
typically required on a regular basis.
5.02 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
1) Antique shops; appliance stores; art studios; art supplies; automobile parts
stores; automobile service stations, without major repair; agricultural
supply stores.
2) Bakery shops; banks and financial institutions; barber and beauty shops;
bath supply stores; blue print shops; bicycle sales and services; book
stores.
3) Carpet and floor covering sales (including storage and installation); child
care centers; churches and other places of worship; clothing stores;
confectionery and candy stores; convenience commercial establishments.
4) Delicatessen; drug stores; dry cleaning shops; dry good stores.
5) Electrical supply stores.
6) Fish stores; florist shops; food markets; furniture stores; furrier shops and
fast food restaurants.
7) Gift shops; gourmet shops;
8) Hardware stores; health food stores; hobby supply stores; homes for the
aged; hospices.
9) Ice cream stores; ice sales; interior decorating showrooms.
10) Jewelry stores.
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Agenda Item No. BE
July 26, 2005
Page lCV of 116
11) Laundries - self - service; leather goods and luggage stores; locksmiths
and liquor stores.
12) Meat market; medical office or clinic for human care; millinery shops;
mote~ hotel and transient lodging; music stores.
13) Office (retail or professional); office supply stores.
14) Park and ride, paint and wallpaper stores; pet shops; pet supply stores;
photographic equipment stores; post office.
15) Radio and television sales and services; excluding satellite dishes and
antennas; restaurants, including fast foods; small appliance stores; shoe
sales and repairs; restaurants.
16) Souvenir stores; stationery stores; supermarkets and sanatoriums.
17) Tailor shops; tobacco shops; toy shops; tropical fish stores.
18) Variety stores; veterinary offices and clinics (no outside kenneling).
19) Watch and precision instrument sales and repair.
20) Water management facilities and essential services.
21) Any other use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals
("BZA").
B) Permitted Accessory Uses and Structures
1 ) Accessory uses and structures customarily associated with the uses
permitted in this district.
2) Caretaker's residence.
5.03 DEVEWPMENT STANDARDS
A) Minimum Site Area: As approved under Section 2.04.
B) Minimum Site Width: As approved under Section 2.04.
C) Minimum Yard Requirements from parcel boundaries:
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Agenda Item No. BE
July 26, 2005
Page l8o.f 116
Abutting non-residential areas: Twenty-five (25) feet.
Abutting residential areas: Thirty-five (35) feet in which as appropriately
designed and landscaped buffer shall be provided, as determined under Section
2.04, and in which no parking shall be permitted.
D) Distance between principal structures: None, or a minimum of five (5) feet with
unobstructed passage from front yard to rear yard.
E) Maximum Height of Structures: Twenty-five (25) feet above the finished grade
of the site.
F) Minimum Floor Area of Principal Structures: One thousand (1,000) square feet
per building on the ground floor.
G) Minimum standards for signs, parking, lighting, and landscaping shall be in
conformance with applicable Collier County regulations in effect at the time
permits are sought.
H) A maximum of sixty thousand square feet (60,000 s.f.) of leasable commercial
building floor area shall be permitted in the CN district, exclusive of motel use.
I) No outside display or storage shall be permitted.
1) Maximum density for motel, hotel, and transit lodging shall be 26 units per acre.
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Agenda Item No. BE
July 26, 2005
Paga H)o.f 116
SECTION VI
'GC' GOLF COURSE
6.01 GOLF COURSE DISTRICT
The Golf Course District is intended to provide for an 18-hole gold course within the
project.
6.02 PERMITTED LOCATIONS
It is recognized that golf courses provide open space for an entire community and serve a
variety of functions including important water management functions. Therefore, the
Golf Course District shall be a floating use and may be located within the Agricultural or
Residential Districts, provided that the density of residential development shall not be
substantially effected.
6.03 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, constructed, reconstructed, or
structurally altered which is designed, arranged, used or intended to be used or occupied,
or land or water used, in whole or in part, upon that portion of the subject parcel
designated as Golf Course District for one or more of the following uses:
A. Permitted principal Uses and Structures
1) Golf Course
2) Racquetball, handball, tennis and other similar types of court(s).
3) Recreation clubs, clubhouse(s), and facilities, including the serving of
alcoholic beverages.
4) Any other use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals
("BZA").
B. Permitted Accessory Uses and Structures
I) Pro-shop, practice driving range, golf learning centers, golf course
shehers, and other customary accessory uses of Golf Courses, Tennis
Clubs, or other recreational facilities.
2) Non-commercial plant nursery.
3) Maintenance shops and equipment storage.
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Agenda Item No. BE
July 26, 2005
P-cmJ.73 of 116
4) Accessory uses and structures customarily associated with the uses
permitted in this District.
5) Snack bars.
6) A maximum of two (2) residential units in conjunction with the operation
of the golf course.
7) Small commercial establishments, including gift shops, golf and tennis
equipment sales, restaurants, cocktail lounges, and similar uses, intended
to serve patrons of the golf course(s) or tennis club(s) or other permitted
recreational facilities.
6.04 DEVELOPMENT REGULA nONS FOR GOLF COURSE DISTRICT
The purpose of this Section is to detail the development regulations for the Golf Course
District.
A Maximum Height: - 25'
B. Overall site design shall be harmonious in terms of landscaping, locations of
structures, locations of access streets and parking areas, and location and
treatment of buffer areas.
C. Buildings shall be set back a minimum of fifty (50) feet from abutting residential
neighborhoods and the setback area shall be landscaped. Tennis courts shall be
set back a minimum of five (5) feet from parcel boundaries.
D. Lighting facilities shall be arranged in a manner which will protect roadways and
neighboring properties from direct glare.
6.05 SITE PLAN APPROVAL REQUIREMENTS
A. A plan of the golf course shall be approved in accordance with Section 2.04 prior
to construction.
B. Plans for all principal and all accessory uses shall be submitted to the
Administrator for approval in accordance with Section 2.04.
511_ 161894 Ver. 021. ONNW
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Agenda Item No. BE
July 26, 2005
P-~']4 of116
SECTION VII
COMMUNITY USE
7.01 PURPOSE
The purpose of this Section is to set forth the regulations for the areas designated on the Master
Plan, Thomas Lucido & Associates Ref. No. 9020, as CD, Community Use.
The site includes # 155 acres, has geeD deEtieateG is owned by to Collier County and may be
used for the purposes set forth below and shall satisfy the Collier County Comprehensive Plan's
park site dedication requirements for the project. An additional Of this total 31 acres shall be
are used for CD by Collier County for the 9paBSion efthe Collier County Fair Grounds.
7.02 PERMITTED USES AND STRUCTIJRES
No building or structure, or part thereof, shall be erected, altered or used, or land or water used,
in whole or in part, for other than the following:
· Parks and playgrounds
. Bicycle, biking and nature trails
· Recreational shelters and restrooms
· Recreational fields, sports facilities and courts
· Passive recreational facilities
. Docks and small boat rentals
. Community centers
· Restaurant or snack bar in conjunction with recreational activities
· Water management facilities and essential services
. Collier County Fair Grounds
· State of Florida Forestry Department facilities
. Fire State Site
· Household waste and recycling facilities
. Other governmental facilities
· Park and ride facilities
· Any other use which is comparable in nature with the foregoing list of permitted principal
uses, as determined by the Board of Zoning Appeals ("BZA").
· Continuation of orange grove activity until development occurs on the property or on
undeveloped portions of the Drooerty as provided for in Section III. Agricultural
Development.
7.03 DEVELOPMENT STANDARDS
A. Minimum site area: None
B. Minimum setback from tract boundaries: 50'. except that household waste
and recycling facilities shall be set back 100' from abutting residential districts.
5112J2C105- 151Sl1M v.. 021- CINAR[)
.-.
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Agenda Item No, BE
July 26, 2005
120.75 of 116
C. Minimum setback from road right-of-way: 25'
D. Maximum height of structures: 25' (except fire observation tower)
E. Minimum distance between buildings: ~ the sum of their heights
&- Minimum standards for parking, lighting, signs, and landscaping shall conform
with applicable Collier County regulations in effect at the time permits are sought.
5/1212OOS-161llll4 V.,02l-CWARD
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70001_1. EWRK- 2810e
Agenda Item No. BE
July 26, 2005
P-~']6 of 116
SECTION vrn
'SP' SCHOOUPARK
8.01 PURPOSE
The purpose of this Section is to set forth the regulations for the areas designated on the
Master Plan, Thomas Lucido & Associates Ref. No. 9020, 'SP' SchoolJPark.
The SP site includes 25 acres reserved for use as a school site and associated park
facilities.
This site shall be dedicated to the Collier county Public School District at the
convenience to the developer, or when requested by the School District, whichever
occurs first The site shall be provided with potable water and sanitary sewer service in
conformance with this documents and all applicable standards and requirements.
An additional 11 acres is reserved for use as a community recreational park as shown on
the Master Plan.
8.02 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
1) Elementary or middle school and facilities
2) Parks and playgrounds
3) Bicycle, biking and nature trails
4) Recreational shelters and restrooms
5) Recreational fields, sports facilities and courts
6) Water management facilities and essential services
7) Any other use which is comparable in nature with the foregoing list of permitted
principal uses as determined by the Board of Zoning Appeals ("BZA").
8.03 DEVELOPMENT STANDARDS
1) Minimum Site Area: As approved under Section 2.04
2) Minimum Site Width: As approved under Section 2.04
3) Minimum Yard Requirements:
30' from all 'SP' tract boundaries for principal structures
20' from lake banks
4) Maximum Height: 25'
5) Minimum Floor Area of Principal Structures: One thousand (1000) square feet
per building on the first habitable floor.
6) Distance Between Principal Structures: 'l2 the sum of the building heights or 30',
whichever is greater. Minimum standards for signs, parking, lighting, and
!il\2J2006.151_ V",,02l-CWARD
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Agenda Item No. BE
July 26, 2005
p-..]7 of 116
landscaping shall be in conformance with applicable Collier County regulations in
effect at the time permits are sought.
7) Lighting facilities shall be arranged in a manner which will protect roadways and
neighboring properties from direct glare or other interference.
8) Prior to development, a development plan for the tract shall be approved in
accordance with Section 2.04.
1i/l2l2OD6-161ll94 Vor:02l- C:WARD
CMO
10001-.001- EWRK- :lll101
Agenda Item No. 8E
July 26, 2005
f?~']8 of 116
9.01 PURPOSE
SECTION IX
PUBLIC FACILITIES
The purpose of this Section is to set forth the regulations for the areas designated on the
Master Plan as PF. Public Facilities.
The site includes 147 acres. is owned by Collier County and may be used for the
purposes set forth below and shall satisfy the Collier County Comprehensive Plan's
requirements for public facilities.
9.02 PERMITTED USES AND STRUCTURES
The following uses are oermitted within the PD district:
11 Water treatment plants
~ Wastewater reclamation plants
.n Administrative facilities common to treatment plant
~ Raw water wells
2 Injection wells
Q1 Stormwater management facilities
11 Accessory structures including but not limited to maintenance facilities. fueling
facilities. communications towers. and other accessory facilities commonly
associated with water treatment and water reclamation facilities.
ID Continuation of orange grove activity until development occurs on the property or
on undeveloped portions of the property as provided for in Section III.
Agricultural Develo{lment.
9.03 DEVELOPMENT STANDARDS
11 Minimum site area: None
~ Minimum setback from tract boundaries:
100' for water and water reclamation facilities.
50' for common administrative facilities,
15' for all other facilities
.n Minimum setback from road right-of-way: 25'
~ Maximum height of structures: 60'
2 Minimum distance between buildings: 10'
Q1 Minimum standards for parking. lighting. signage, and landscaping shall conform
with the aoolicable Collier County regulations in effect at the time permits are
sought.
11 Minimum setback for communications towers: one half of the tower height
adiacent to residentially zoned property.
ID The Public Facilities portion of the PUD shall be consistent with the Growth
Management Plan regarding potential future interconnections.
5I1Z'2006-161~ Vr.02I-CWARD
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ll1OO1.-.oo'-~28'08
Agenda Item No. BE
July 26, 2005
Page 79 of 116
- 26-
SECTION IX
GENERAL DEVELOPMENT COMMITMENTS
109-.01 PURPOSE
The pwpose of this Section is to set forth the general development commitments for the
project.
109-.02 DEVELOPMENT COMMITMENTS
A. ENERGY
1) Construction shall comply with applicable local and state energy codes.
2) Reasonable "good faith" efforts to utilize state-of-the-art energy
conservation techniques shall be made with practically and economically
feasible. Such techniques may include, but shall not be limited to the
following:
a. Provision of bicycle racks and/or storage facilities in office and
commercial areas and in multi-family residential areas.
b. Cooperation in the locating of bus stops, shelters and other
passenger and system accommodations when a transit system is
developed to serve the project area.
c. Use of energy-efficient features in window design (e.g., shading
and tinting).
d. Use of operable windows and ceiling fans.
e. Installation of energy-efficient appliances and equipment.
f. Reduced coverage by asphalt, concrete, rock and similar
substances in streets, parking lots and other areas to reduce local
air temperatures and reflected light and heat.
g. Installation of energy-efficient lighting for streets, parking areas,
recreation areas and other interior and exterior public areas.
h. Selection of native plants, trees and other vegetation and landscape
design features that reduce requirements for water, fertilizer,
maintenance and other needs.
5/l2J2006.161ll9ol Vor.02I.CWARD
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70001~1- E'IoRK- :IIlIOll
Agenda Item No. BE
July 26,2005
Page 80 of 116
- 27-
1. Planting or retention of native shade trees to provide reasonable
shade for all recreation areas, streets and parking areas.
J. Placement of trees to provide needed shade in the wanner months
while not overly reducing the benefits of sunlight in the cooler
months.
k. Planting or retention of native shade trees for each residential unit.
1. Orientation of structures, as possible, to reduce solar heat gain by
walls and to utilize natural cooling effects of the wind.
m Provision for structural shading (e.g., trellises, awnings and roof
overhangs) wherever practical when natural shading cannot be
used effectively.
n. Inclusion of porch/patio areas in residential units.
3) Deed restrictions and other mechanisms shall not prohibit or prevent the
use of alternative energy devices such as solar collectors (except when
necessary to protect the public health, safety and welfare).
B. AIROUALITY
1) The developer shall comply with applicable codes and apply for required
permits relative to air quality, where such permits are required.
C. TRANSPORTATION
1) Road impact fees shall be paid in accordance with Collier County
Ordinance 01-13, or Division 3.15 of the Land Development Code, as
amended.
2) The developer shall provide separate left and right turn lanes on
Immokalee Road as the project's access if deemed necessary by either the
Transportation Operations Director or Transportation Engineer, and shall
fund one hundred percent of the capital cost of any traffic signals
associated with the ingress and egress when deemed warranted by the
County Traffic Operations Engineer. The signal shall be owned, operated
and maintained by Collier County.
3) The developer shall bear the entire cost of all traffic signals which may
become needed at intersections within the project.
5I1212OO5-151l194 \ler: 021- CWARD
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l0001~1- EWRK- 28'08
Agenda Item No, BE
July 26, 2005
Page B1 of 116
- 28-
D. WATER MANAGEMENT
1) A master/conceptual water management system design shall be submitted
to and approved by the Water Management Advisory Board prior to the
submittal of construction plans to the County Engineer.
2) Detailed water management construction plans shall be submitted for
approval to the County Engineering Department prior to commencement
of construction.
3) Surface Water Management Permits shall be obtained from the South
Florida Water Management District prior to the commencement of
development.
4) The water management for the Orangetree project shall implement water
quality "best management practices" to the extent possible.
5) An Excavation Permit will be required for the proposed lakes in
accordance with Collier County Ordinance No. 80-26, as amended by
Ordinance No. 83-3, and as may be amended in the future.
6) Reservoirs/lakes wholly located in agriculturally designated land may vary
from typical construction specifications of County Ordinance No. 88-26 as
approved by the Board of County Commissioners through the excavation
permit process. If the use of the land surrounding the agricultural
reservoirsllakes is ever changed to a use other than agriculture, all areas of
the reservoirs/lakes will be required to meet standards specified in the
County Excavation Ordinance in effect at that time.
E. WATER AND SEWER
1) Water Facilities - Developer shall provide an on-site potable water source
and shall construct an on-site potable water treatment plant and
distribution system. The system shall be designed and constructed, by
phases if desired, to serve all developed portions (agricultural areas
excluded) of the project; including flows adequate to provide fire
protection. All components shall be designed and constructed in
accordance with applicable Collier County and State of Florida
requirements.
2) Sewer Facilities - Developer shall construct an on-site sewage treatment
plant and sewage collection and transmission system to serve all
developed portions. Treatment plant shall provide treatment levels,
pursuant to Chapter 17-6.040(q), Florida Administrative Code, required to
allow use of treated effluent in the proposed on-site drip irrigation system.
6/1212005-151894 Ver:02I-CWNlD
.,....
70001~1- EYo1'lK- 281De
5/1212006-1519901 V... 02~ ONI#lD
"""'"
70001~1- EWRK- 28106
Agenda Item No. BE
July 26, 2005
Page 82 of 116
- 29-
All components shall be designed and constructed in accordance with
applicable Collier County and State of Florida requirements.
During the time that the Developer operates the sewage treatment plant,
data required pursuant to County Ordinance No. 80-112 showing the
availability of sewage service will be submitted for approval by the
Utilities Division prior to approval of the construction documents for the
project and for all building permits required. Copies of the approved DER
permits for the sewage collection and transmission systems and the on-site
wastewater treatment facility shall be submitted upon receipt to the
Utilities Division.
3) Plans Approval - All construction plans and technical specifications and
proposed plans, if applicable, for the proposed water distribution and
sewage collection and transmission facilities must be reviewed and
approved by the Utilities Division prior to commencement of construction.
Detailed hydraulic design reports covering the complete water and sewer
systems to serve the project will be submitted with the construction
documents for the project. These reports shall list all design assumptions,
demand rates and other factors pertinent to the systems under
consideration.
Prior to approval of construction documents by the Utilities Division, the
Developer will present verification, pursuant to Chapter 367, Florida
Statutes, that the Florida Public Service Commission has granted territorial
rights to the Developer to provide sewer and/or water service to the project
until the County can provide these services through its water and sewer
facilities.
Upon completion of construction the water and sewer facilities will be
tested to insure they meet Collier County's minimum requirements, a
comprehensive inspection of the facilities made by the Utilities Division
and record drawings of the facilities filed with the Utilities Division.
Any utility entity established to serve or serving the project shall also be
bound by these General Development Obligations concerning the
provision of water and sewer related utilities to the project.
4) Facilities Ownership and Conveyance - It is understood by Developer that
Collier County may, at some future time, desire to serve the project water
and sewer services. To that end, Developer freely and voluntarily agrees
to convey at no cost all water and sewer treatment plants and
distribution/collection and transmission system components to Collier
County. Notwithstanding anything herein to the contrary, the County in
turn will agree not to make formal request to serve the project with water
or sewer related services until on or after January 1,2001. In that regard,
6I12J2QOl;.151l11M Vel': 02~ <:WARD
CMOS
70001~1- EWRK- :lll108
Agenda Item No. 8E
July 26, 2005
Page 83 of 116
- 30-
Developer and any interim utility established to serve the Project shall
enter into a specific agreement with and acceptable to County which
outlines the procedures, covenants, obligations and responsibilities arising
from these General Development Obligations concerning the provision of
water and sewer related utilities to the project.
Once the water/sewer systems have been conveyed to Collier County, any
required expansions to the on-site water treatment plant or sewage
treatment plant shall be the responsibility of Collier County and shall be
accomplished as required to meet project demand, at the expense of
Collier County. All required expansions ofthe water distribution/sewage
collection systems shall be the responsibility of the Developer, and shall
be designed and constructed to Collier County and State of Florida
requirements. On completion of construction, the facilities will be tested
to insure they meet Collier County's minimum requirements, at which time
they will be conveyed or transferred to the County, when required by the
Utilities Division, pursuant to appropriate County Ordinances and
Regulations in effect at the time of conveyance or transfer is requested,
prior to being placed into service.
5) Rights-of-way/Easements - All components of the water and sewer
systems that may be conveyed to Collier County including treatment
plants, shall be constructed within public rights-of-way or on lands owned
or controlled by Developer for which Developer can provide utility
easements to Collier County. All water and sewer facilities constructed on
private property and not required by the County to be located within utility
easements shall be perpetually owned, operated and maintained by the
Developer, his assigns or successors. At the time of system conveyance
Developer shall provide all required easements.
At such time as Collier County discontinues operation of the on-site water
or sewer plants, the plant site shall be conveyed back to the developer by
applicable statutory deed and site utility easements shall be vacated,
except that an easement shall be reserved for any connecting facilities
required, pursuant to paragraph 6).
6) Connection to county Water and/or Sewer Facilities - All construction
plans and technical specifications related to connections to the County's
off-site water and/or sewer facilities will be submitted to the Utilities
Division for review and approval prior to commencement of construction.
Upon connection to the County's off-site water facilities, and/or sewer
facilities, the Developer, his assigns or successors shall abandon,
dismantle and remove from the site the interim water and/or sewage
treatment facility and discontinue use of the water supply source, if
6Il~151_ Ver:02I-CWARD
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10001404-001. E'ARK- 28108
Agenda Item No. 8E
July 26, 2005
Page B4 of 116
- 31 -
applicable, in a manner consistent with State of Florida standards. All
work related with this activity shall be performed at no cost to the County.
Connection to the County's off-site water and/or sewer facilities will be
made by the Developer, their assigns or successors at no cost to the
County within 120 days after such facilities become available at the
project site. The cost of connection shall include, but not be limited to, all
engineering design and preparation of construction documents, permitting,
modification or refitting of sewage pumping facilities, interconnection
with County off-site facilities, water and/or sewer lines necessary to make
the connection(s).
7) Customers - All customers connecting to the water distribution and
sewage collection facilities will be customers of the developer or the
interim utility established to serve the project until Collier County makes
formal request for dedication of the water and sewer systems. At that
time, the customers served on an interim basis by the utility system
constructed by the Developer shall become customers of the County.
Prior to connection of the project to the County's off-site water and/or
sewer facilities, or the County assuming operation and maintenance
responsibility for the water and/or sewer systems the Developer.. and/or his
assigns, or successors shall turn over to the County a complete list of the
customers served by the interim utilities system and shall not compete
with the County for the service of those customers.
The Developer shall also provide the County with a detailed inventory of
the facilities served within the project and the entity which will be
responsible for the water and/or sewer service billing for the project.
8) System Development Charges - During that period of time that the water
and sewer utility system is owned, operated and maintained by Developer,
Developer may charge a system development charge to each connecting
customer in an amount as approved and allowed by the Florida Public
Service Commission (pSe).
Developer agrees to pay all applicable system development charges or
impact fees at the time that building permits are required, pursuant to
County ordinances and regulations then in effect. As well, Developer
acknowledges that upon connection of the interim facility to the off-site
treatment and transmission facilities operated and maintained by the
County that all owners of existing properties characterized as new users
and subject to the imposition of either a water or sewer impact fee will be
required to pay system development charges or impact fees for such new
use. On the other hand, buildings, structures, or improvements, either
existing or which have been issued a building permit for which
construction is proceeding in good faith, shall not be required to pay a
Agenda Item No, BE
July 26, 2005
Page 85 of 116
- 32-
water or sewer impact fee, whichever the case, if at the time the County
formally and of its own volition resolves to provide the Project with water
or sewer related services, the Board of Commissioners, in good faith,
expressly declares its intention to operate the water or sewer utility
treatment facilities as a part of its regional system, or as a stand alone
system without an intention to immediately dismantle and disconnect from
the existing on-site treatment facilities. Notwithstanding the provisions of
this subparagraph 8 a subsequent ordinance of general application,
effective at the time of connection of the interim facility to the off-site
treatment and transmission facilities operated and maintained by the
County which has contrary or differing provisions relative to the
imposition of water and/or sewer system development charges or impact
fees, shall be construed as superseding the applicable provisions of this
subparagraph 8.
9) Developer shall be allowed up to ten (10) temporary private wells and
individual sewage disposal systems as areas are developed prior to
construction or expansion of the central systems. All such temporary
facilities shall comply with applicable state and county regulations and
shall acquire required permits.
F. ENVIRONMENTAL
611~ 161984 Ver. 021. ONNID
CMOO
70001..2044l1. ~ 2810ll
1) A site clearing plan shall be submitted to the Environmental Services
Department Staff for its review and approval prior to any substantial work
on the site. This plan may be submitted in phases to coincide with the
development schedule. The site clearing plan shall clearly depict how the
final site layout incorporates retained native vegetation to the maximum
extent possible and how roads, buildings, lakes, parking lots, and other
facilities have been oriented to accommodate this goal.
2) Native species shall be utilized, where available, to the maximum extent
possible in the site landscaping design. A landscaping plan will be
submitted to the Environmental Services Department Staff for its review
and approval. This plan will depict the incorporation of native species and
their mix with other species, if any. The goal of site landscaping shall be
the re-creation of native vegetation and habitat characteristics lost on the
site during construction or due to past activities.
3) All exotic plants, as defined in the County Code, shall be removed during
each phase of construction from development areas, open space areas, and
preserve areas. Following site development, a maintenance program shall
be implemented to prevent reinvasion of the site by such exotic species.
This plan, which will describe control techniques and inspection intervals,
shall be filed with and approved by the Environmental Services
Department Staff.
6I1?12OO6-16199<t \fe<o02l-CWARD
"""'"
1000'.-.00'. EWRK.28108
Agenda Item No, BE
July 26, 2005
Page 86 of 116
- 33 -
4) If, during the course of site clearing, excavation, or other constructional
activities, an archaeological or historical site, artifact, or other indicator is
discovered, all development at that location shall be immediately stopped
and the Environmental Services Department Staff notified. Development
will be suspended for a sufficient length of time to enable the
Environmental Services Department Staff or a designated consultant to
assess the find and determine the proper course of action in regard to its
salvageability. Environmental Services Department Staff will respond to
any such notification in a timely and efficient manner so as to provide
only a minimal interruption to any constructional activities.
.2.l Collier County raw water wells. that do not draw water from the surficial
aquifer System shall be located according to the requirements of Chanter
6R of the Florida Administrative Code. Wells that do not draw water from
the surficial aquifer system shall be considered unregulated wells.
G. EDUCA nON
1) The project shall fully mitigate its fiscal impacts by donating a 25 acre
parcel to the Collier County Public School District to be utilized as a
school site.
2) Future development of the educational facilities within this PUD Zoning
District shall be subject to the two Interlocal Agreements between the
Board of County Commissioners of Collier County, Florida and the
Collier County School Board to establish educational plant and ancillary
plant site development review processes.
H. FIRE PROTECTION
1) The developer commits to providing a central water system to all
residential and commercial facilities which is capable of providing fire
flow capacities as required by Collier County.
2) Building heights shall be limited to twenty-five (25) feet for all habitable
structures in accordance with Corkscrew Fire District's equipment
capabilities.
I. FISCAL
The developer has agreed to dedicate a school site to the School Board, and to
donate fifty-five (55) acres to the County for public use pmposes, including the
Collier County Fairgrounds. The Developer has also donated $25,000 to the
Corkscrew Fire District for equipment on August 3, 1987. These donations shall
mitigate the project's fiscal impacts.
Agenda Item No. BE
July 26, 2005
Page B7 of 116
- 34-
1 Q9..03 DEVELOPMENT PLAN
A. The Master Plan, Thomas Lucido & Associates Ref. No. 9020, is an illustrative
preliminary development plan.
B. The design criteria and layout illustrated in the Master Plan shall be understood as
flexible so that the final design may best satisfy the project and comply with all
applicable requirements.
C. Minor design changes shall be permitted subject to County staff administrative
approval.
1 Q9..04 AMENDMENT
Amendments of this PUD Document, or of the Master Land Use Plan, shall be
accomplished according to the procedures set forth by Collier County for amendments to
a planned unit development.
611_161990& Ver. 021- ONMD
cwo
70001-.<<11- EWRK- 211108
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COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
6968
(i)
.f\ LG l~~ 'it~ Mo(si"PC
2800 NORTH HORSES~a:~~( JC.LiJ
NAPLES, FLORIDA 341 04
(239) 403-2400 FAX (239) 643-
PUDA-200S-AR-7085
PROJECT #19990243
DATE: 1/27105
HEIDI WILLIAMS
. " -, ,'. .'...
APpLIcATION FOR'PUBLI'C HEARING FOR
~:AMENDMENTTQ'PtJDl D,AMENDMENT TO DRI
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
To be completed by staff
Above to be completed by staff
k
'. .. -', " - " ,',
. APPLICANT: .INF~RMATrbt'J .......
APPLlCANT(S) COLLIER COUNTY BOARD OF COMMISSIONERS/PUBLIC UTILITIES DIVIISION
% MR. HAROLD E. HUBER, SENIOR PROJECT MANAGER
ADDRESS 3RO FLOOR. BUILDING H. 3301 E TAMIAMI TRAIL
CITY NAPLES
STATE FL
ZIP 34112
TELEPHONE # (239) 530-5341
CELL # _____
FAX # 530-5378
E-MAIL ADDRESS:haroldhuber@collieraov.net
Is the applicant the owner of the subject property? 1ZI Yes
ONo
o (a) If applicant is a land trust, so indicate and name beneficiaries below.
D (b) If applicant is corporation other than a public corporation, so indicate and
name officers and major stockholders below.
D (c) If applicant is a partnership, limited partnership or other business entity, so
indicate and name principals below.
1113/20116o'_ Vor. 01~ CWARD
"-
100'-2114-001- - 0
~
Agenda Item No. BE
". July 26, 2005
(d) If applicant If an owner, IndIcate exactly as recorded, and list all othelrCl:l!lWft@Q,116
if any.
o (e) If applicant if a lessee, attach copy of lease, and indicate actual owners if not
indicated on the lease.
o (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual
owner(s) name and address below.
(If space is inadequate, attach on separate page.)
I'
AGENT INFORMATION .
NAME OF AGENT BRUCE E. TYSON. AICP
ADDRESS % WILSONMILLER INC.. 3200 BAILEY LANE. SUITE 200
CITY NAPLES
STATE FL
ZIP 34119
Telephone # (239) 649-4040 CELL # -__________Jax # 643-5716
E-Mail Address:brucetvson@wilsonmiller.com
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE
REGULATIONS.
PROPERTY INFORMATION
PUD ORDINANCE NAME_Collier County Oranae Tree PUD J Rezonina Aoolication
PUD NUMBER: 87-13
11131ZO~1_3 "or.01~CWAAD
-
0001-~1-. 0
Agenda Item No. BE
July 26, 2005
Page 91 of 116
Detailed le2a1 descriotion of the pronertv covered bv the aoplication: (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/Township/Range 11.12.13. &14/ 485/ 27 E
lot: __________ Block: __________
Subdivision:___________________________
Plat Book_______ Page #:_________
Property 1.0.#: APN #'s: 00209800001.00209920004. 00209920101. 00209920208,
00209961005.00210041008.00210041309.00209961607.00209961704
..."...:."
Metes & Bounds Description: See Enclosed Boundary Survev
Size of Dropertv: __________ft. X ________ft. = Total Sq. Ft. ___---Acres 216
Address/2enerallocation ofsubied property: Subieet property is located in the northeast portion ofthe Ora02e
Tree PUD. No address bas been assi2ned and access to the Drooertv wiD be from Immokalee Road usin2 the same
road as that for the Collier Countv Fair2rounds.
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).
Section/Township/Range 11 & 14/ 48 S/ 27 E
lot: _____ Block: _________
Subdivision:___________________________________
PlatBook 1439/1225Page#: 925/2176
Property I. D. #: 00209840003
Metes & Bounds Description: Collier County Fairgrounds
'''SI:IIlCIS-1_ V.r.D1~CWARD
-
1001._1..0
DETAIL OF REQUEST
Agenda Item No. BE
July 26, 2005
Pace 92 of 116
. . .. I
TYPE OF AMENDMENT:
~ A. PUD Document Language Amendment
o B. Development Order Language Amendment
DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN? C8J Yes 0 No
If no,
explain:________________________________________
HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? 0 Yes
[8J No
I F SO, IN WHOSE
NAME?________________________________
PETITION #:_______________
DATE:______________
HAS ANY PORTION OF THE PUD BEEN ~ SOLD and/or ~ DEVELOPED?
ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? [8J Yes 0
No
IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY).
Portions of the PUD (Land not associated with this aoolication) continue to be
developed. A Dortion of land within the PUD was removed and a new PUD created
(Oranae Blossom PUD).
1/13/20050 1_ Ver. 01' CWAAD
....
1001-_1- - 0
Agenda Item No. BE
Section 2.7.2.3.2 (3) of the Land Development Code 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 final action on this item,
please remove all public hearing advertising sign (s) immediately
'11312COS-'_ Vor:OIl-CWARD
...
001._..0
Agenda Item No. BE
July 26, 2005
Page 94 of 116
AFFIDA VIT
1, Harold E. Huber. Senior Proiect Ma.nae:er of Collier County being first duly sworn, depose and say
that Collier County is the owner of the property described herein and which is the subject matter of
the proposed hearing; that all the answers to the questions in this application, 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 I
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 a Representative of Collier County , lfurther aurthorize Bruce E. Tvson. AICP to act as
our/my representative in any matters regarding this Petition.
~~..~ -
Signature of ounty's Project Manager
Collier County Board of Commissioners
Typed or Printed Name of Owner
The.tl:-going i1J:;;:nt was acknowledged befOre me this ~ day o~ 200 ~
by . 11 YV<j """- who is perJmnally 1c:nnwn to me or has pr ced
as identification.
State of Florida
County of Collier
~_L_
, . =~.~.=-
(print, Type, or Stamp Commissioned
Name of Notary Public)
117/2005-145455 Va': 021- BT~
......
TDOO1_..0
i..
@ p;genda Item ~. BE
qt ~~~lrj50~~J..f
~ <'c.,,;l\ ~5~~,,"11.)T
PRE-APPLICATION MEETING NOTES
D PUD Rezone ~ Pl!>> to POO R~one
Date: ~ TIme: 10., ~ 0 FIrm:' lAJ i \SBt\ .M i~t~ r-
Project Name: .J.1.* ; \ i'\" i e..S - Lv.... ~~ -r t'"P ""-- ~ N..P,\^ -+
. AppUcant Name: UJ l \"5~" M \ t \~ ~ PhoJle:
OwDe~Name:~ \ (t. Co\J,^'J.
. Owner Address:
Phone:
Planner: ~~<:! \ \ ~ w . ,
~ ~ ~ ~/.UI"eJ..
~~ MI.4L..~' ~ 1Y~
~JJtJl~.t}EUER. J::tAee.vl:J~~r'..
Meeting Att~ndees:
~~~..
(; JJ1>A &:riri:l_:Y~
. C~C\KA 'PA:secz..
Subm'ttal Requirements (refer to application for addItional requirements)
24 Copies .fthe foOowln&:
e Completed App6cation
EI . Plc-app1ication Meetmg Notes
.2:'1 Conceptual Site Plan 24X36" and ODe 8 % X 11" copy
(gJ Pup document ~ Mas1er Plan
2 Copies of the foOowine:' ..' , .
I!I OeedslLCgals & Survey ( if boundary of original PUn is ameDded)
iZI : List identifying 0wDcr &. aU parties of corporation
~ . OwDc:rIA~ Affidavit .igDcd &. notarized
lB!' Co1q)leted Addressing OJecklist
4 Copies. of the foDowing: . ~ 1- Pd 0
.Br Ila>_ '- - (BI8) or_ ~ if st!",..f,,} ..,... :<.,.-<
-0 WIloo Historical SUl"VCiy or waiver request . ,
12 . Utility Provisions Sta~t w/aketcbea .
o . Architectura1 reudcriDg of proposed structure8 - ta.\\ C~~\" 1\e.. \/o..\e..t"o...
[iJ . Survey, signed &. sealed
.RJ
o
gj
Sevel,l (7) Traffic Impact Statemmlt (TIS) or waiver
Five (5). copies of Recent Aerial Photo&rapb (with habitat areas defined) iDin scaled 1" - 400'
ODe (1) Elcctronic yersion ofPUDdOCUl1leDt in Word fannat
. .
Fees: . . .
, Application Fee: .J8r $ 1 0,000 + $25 per acre (plus Property Owner Not:ification fees)
. . 0 $8,000 IlJDeQrlnxmt . . .
o
o
[::J
D.
.a-
$lSO~oo Fire Code Review
$2,250.00 Comprehensive Planning Consistency RevieW
$500.00 Pre-application fee (to be credited toward application fee if submitted within 9 months ofpre-applicatioo meeting.
$681.00 Estimated LegalAdverti.sing Fee (to be reconcil~ \lP?n receipt of Invoice from Naples Daily News). .
$1600.00 Environmenta1lmpact Statement review fee ... ~ ntUto . . ,
. Property Owner Notifications $1. Of) Non-cerlifledi . $3.00 Cmifled rSturn r.celptmaU
( to be paid after receipt of invoice from Depl of Zoning & Development Review .
-;
Fee Total $
. Meeting Notes
Agenda ItemNo. BE.
July 26, 2005
Page 96 of116
..
. lJir~ ~r~. . . . . .
--f::~;: P~~~::~OJ-.l dP.~UI~2.7. 7-.35
r~~ - =,,~{ .. cl-r;d=-r. ~"
-=r rn.^-C;:~t'-~-\::'~V\ Mof"f't-:~-\M diu.-uS5 n("'C:f'~~~
G:\Currenl\Pre-App forms\PlID pre-app,doc
Revlsed OcIober 15, 2003
Agenda Item No. BE .
July 26,2005
Page 97 of 116
EXHIBIT B
LEGAL DESCRIPTION
ORANGETREEPUD
TInS PARCEL CONTAINS APPROXIMATELY 2,136.87 ACRES AND IS PLATTED AS NORTH GOLDEN GATE AND
RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AS FOLLOWS:
UNIT 1 PLAT BOOK 9 PAGES 12-28
UNIT 2 PLAT BOOK 9 PAGES 39-43
UNIT 3 PLAT BOOK 9 PAGES 125-142
___.___ ____ _ _____ on_ __.UNITA.P.LA T .BOOK.9-P.AGES 53..64-- 00 - ,
UNIT 5 PLAT BOOK 9 PAGES 65-72
. UNIT 6 PLAT BOOK 9 PAGES 74-78
UNIT 7 PLAT BOOK 9 PAGES 85-97
LESS AND EXCEPT lHE FOLLOWING DESCRIBED LANDS:
THREE PARCELS OF LAND LOCATED IN SECTIONS 13, 14 AND 24, TOWNSHIP 48 SOUTH, RANGE 27 EAST, AND
SECTION 19, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
PARCEL I
COMMENCE AT lHE SOU1HEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER
COUN1Y, FLORIDA; TIIENCE RUN SOUTIl880S0'06" WEST, ALONG 1HE SOUTIl LINE OF THE SOUTHEAST QUARTER
OF SAID SECTION 13 FOR A DISTANCE OF 2.68 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A";
THENCE RUN NORm 00030'11" WEST FOR A DISTANCE OF 50.01 FEET TO A POINT ON TIlE NORm RIGHT OF WAY
LINE OF OIL WELL ROAD (C.R.858) AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED; THENCE RUN SOUTIl88050'05" WEST, ALONG SAID NORm RIGHT OF WAY LINE FOR A DISTANCE OF
2,677.95 FEET; TIIENCE RUN SOUTIl 89035'35" WEST, ALONG SAID NORTH RIGHT OF WAY LINE FOR A DISTANCE OF
1,051.57 FEET TO A POINT ON lHE EAST LINE OF A 150 FEET WIDE NORTH-SOUTH DRAINAGE EASEMENT
RECORDED IN OFFICIAL RECORD BOOK 1433 AT PAGES 509 TIIROUGH 517 OF lHE PUBLIC RECORDS OF COLLIER
COUN1Y, FLORIDA; TIIENCE RUN NORTIi 00~9'46" WEST, ALONG SAID EAST LINE FOR A DISTANCE OF 4,173.91
FEET TO A POINT HEREINAFfER REFERED TO AS POINT "B", THE SAME BEING A POINT ON TIm SOUTH LINE OF A
150 FOOT WIDE CANAL MAINTENANCE EASEMENT RECORDED IN OFFICIAL RECORD BOOK 1322 AT PAGE 1903 OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; nmNCE RUN NORTH 89033'04" EAST, ALONG SAID SOUTH
LINE FOR A DISTANCE OF 3,729.66 FEET TO A POINT ON THE WEST LINE OF NORTH GOLDEN GATE CANAL, (AN 80
FOOT WIDE RIGHT OF WAY); TIIENCE RUN SOUTH OO~9'30" EAST, ALONG SAID WEST LINE FOR A DISTANCE OF
4,141.20 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 356.387
ACRES, MORE OR LESS.
TOGETHER WITH
PARCEL D
COMMENce AT THE HEREINABOVE DESCRIBED POINT "B" THE SAME BEING THE NORTHEAST CORNER OF A 150
FOOT WIDE NORTH-SOUTH DRAINAGE EASEMENT RECORDED IN OFFICIAL RECORD BOOK 1433 AT PAGES 509
THROUGH 517 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN SOUTII 89033'04" WEST,
ALONG THE NORTH LINE OF SAID NORTH-SOUTIl DRAINAGE EASEMENT FOR A DISTANCE OF 150.00 FEET TO THE
POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN SOUTH 00029'46" EAST,
ALONG TIlE WEST LINE OF SAID NORTH-SOUTH DRAINAGE EASEMENT FOR A DISTANCE OF 1,820.00 FEET;
TIIENCE RUN SOUTH 89033'05" WEST FOR A DISTANCE OF 1,463.41 FEET TO A POINT ON THE WEST LINE OF
SECTION 13, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; THENCE CONTINUE SOUTH
89033'05" WEST FOR A DISTANCE OF 1,018.80 FEET; THENCE RUN NORTH 00~9'30" WEST FOR A DISTANCE OF
Page 1 of2
LEGAL DESCRIPTION
ORANGETREE PUD
PlIgc 2 of2
Agenda Item No. BE
July 26, 2005
Page 98 of 116
1,427.55 FEET TO A POINT ON TIlE SOUTHERLY LINE OF A 150 FOOT WIDE CANAL MAINTENANCE EASEMENT
RECORDED IN OFFICIAL RECORD BOOK 1322 AT PAGE 1903 OF TIlE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; TIlENCE RUN NORm 74032'31" EAST, ALONG SAID SOUTHERLY LINE FOR A DISTANCE OF 1,063.68 FEET
TO A POINT ON THE WEST LINE OF SAID SECTION 13; THENCE CONTINUE NORm 74032'31" EAST, ALONG SAID
SOUTHERLY LINE FOR A DISTANCE OF 451.69 FEET; THENCE RUN NORTH 89033'04" EAST, ALONG SAID
SOUTHERLY LINE FOR A DISTANCE OF 1,018.10 FEET TO THE POINT OF BEGINNING OF TIlE PARCEL OF LAND
HEREIN DESCRIBED, CONTAINING 97.113 ACRES, MORE OR LESS.
TOGETHER WITH
PARCEL ill
_u-COMMENC~-AT-1HEHERElNABOVE-DESCRIBED-P{)INT-~~-;-THENGE' RUN-S0UnH)01l24~5'Pl EAST FOR A- . '-----
DISTANCE OF 50.01 FEET TO A POINT ON THE SOUTH RIGIIT OF WAY LINE OF on. WELL ROAD (C.R-858), THE
SAME BEING A POINT ON THE WEST LINE OF NORm GOLDEN GATE CANAL, (AN 80 FOOT WIDE RIGHT OF WAY)
AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED THENCE RUN soum 00"29'18"
EAST, ALONG SAID WEST LINE FOR A DISTANCE OF 920.94 FEET TO A POINT ON THE EAST LINE OF SECTION 24,
TOWNSHIP 48 SOUTH. RANGE 27 EAST, COLLIER COUNTY, FLORIDA; lHENCE CONTINUE SOU1H 00"29'18" EAST,
ALONG SAID WEST LINE, FOR A DISTANCE OF 1,819.06 FEET; THENCE RUN soum 8~30'46" WEST FOR A
DISTANCE OF 4.33 FEET TO A POINT ON TIlE EAST LINE OF SAID SECTION 24; THENCE CONTINUE SOUTH 89030'46"
WEST FOR A DISTANCE OF 395.66 FEET;; THENCE RUN NORTH 58031 '29" WEST FOR A DISTANCE OF 1,010.00 FEET;
THENCE RUN NORTH 88017'01" WEST FORA DISTANCE OF 645.91 FEET; THENCE RUN SOUTHSI04S'31" WEST FORA
DISTANCE OF 230.00 FEET; TIlENCE RUN NORTH 47005'10" WEST FOR A DISTANCE OF 686.83 FEET; THENCE RUN
NORTH 31"29'29" WEST FOR A DISTANCE OF 300.00 FEET; lHENCE RUN NORTH 50"28'29" WEST FOR A DISTANCE OF
630.00 FEET; THENCE RUN NORTII 3~58'29" WEST FOR A DISTANCE OF 255.00 FEET; THENCE RUN NORTH 00"24'25"
WEST FOR A DISTANCE OF 850.00 FEET TO A POINT ON THE SOUTH RlGIIT OF WAY LINE OF on. WELL ROAD
(C.R-SS8); THENCE RUN NORm 89035'36" EAST, ALONG SAID SOUTH RIGHT OF WAY LINE, FOR A DISTANCE OF
749.99 FEET; THENCE RUN NORm 88050'07" EAST, ALONG SAID soum R1GIIT OF WAY LINE, FOR A DISTANCE OF
2,677.38 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 162.431
ACRES, MORE OR LESS.
NOTES:
1. BEARINGS SHOWN HEREON REFER TO THE soum LINE OF TIlE SOUTHWEST 1/4 OF SECTION 13,
TOWNSHIP 48 SOUTIl, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, AS BEING S 89035'35" W.
2. TInS PROPERTY IS SUBJECT TO EASEMENTS, RESER V A TIONS AND/OR RESTRlCl10NS OF RECORD.
DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF.
Page 2 of2
0'
PUDA-2005-AR-7085
ORANGETREE PUD AMENDMENT
EXCERPTS
FROM THE
TRAFFIC IMPACT STATEMENT
Agenda Item No. 8E
July 26, 2005
Page 99 of 116
l"
l
'I
!
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--1
. 1
]
I
1
!
1
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.J
Agenda Item No. BE
July 26, 2005
Page 100 of 116
Trip Generation
Trip generation information developed for this project is based on the ITE Trip Generation
Report, 7th Ed. average rates, and information received from the Collier County Utility staff on
comparable facilities in Collier County. Since the existing zoning allows only agricultural usage
on the proposed site, the traffic generated by such usage on the proposed site is considered
insignificant, and hence the existing PM peak: hour traffic volume is assumed to be zero
( conservative estimate). Expected trips from both the existing entitled uses and the project are
shown in Table 1 below.
Table 1
Trip Generation
Peak Hour 2-Way, and Peak Hour Directional Volumes
.
Land Use - Agricultural
Public Utility Area (157+/- acres)
Water Reclamation Facility 12 2 10 CC Staff
Water Treabnent Plant 15 2 13 CC Staff
Common Area 10 0 10 CC Staff
Recycling Facility (5+/- acres) 22 10 12 CC Staff
ommunlty Park (54+/- acres) 3 1 2 ITE 412
Total Trip 62 15 47
Total Existing Zoning Entitlemen 0 0 0
Net New Trips 62 15 47
1 ~ 145100 VOC: 011.~1T
70001-204-001- TTIS- 2lI047
3
"
Agenda Item No. 8E
July 26, 2005
Page 101 of 116
Area of Influence
Consistent with Collier County Administrative Code procedures, given that the net new external
trips created in the peak hour are 62 (see Table 1) and following a methodology meeting with
Collier County staff, it was decided that, the road link impacted by this project is Immokalee
Road between Oil Well Road and 43rd Ave. NE.
The segment of Immokalee Road between Oil Well Road and 43rd Avenue NE is a two lane
undivided roadway. The widening oftbis facility to a six-lane divided road is under way. Hence,
for the purpose of this analysis the average of peak hour directional service volumes on similar
Collier County Roadways was used. Table 2 shows the impact on road segments.
Table 2
Impacts on Road Segments
I, II I, '1' I ", "I'
. ,I, f!1 I, I I" , 1111 II lit 1 /' f, '
: ,', ,r \ !, i jlt, IIII III 'I 1'1 ,1'1 ll' rl
h, , ' [ , t, f ,I' . \. 1\ \. ,I II ,,1 ~ ( J j I ! I' , l ! ' \ 1 ( .. 'r ~ ~
lmmokalee Road ~ 10 43rd Ave. NE 60
. Avg. of Pk. Hr. PK D1r g.J on CollIer County 6-lane divided roads
The above analysis shows that there will be no significant impact on the road segments caused by
this project. The percentages ofproject volumes are well below the threshold to make any
significant impact.
I
.............\
\ ~ 146100 VOC: ou. JJOHNPET
. .. 70001.204-001. ms. 28047
6
I
I "
Agenda Item No. 8E
July 26,2005
Page 102 of 116
PUDA-2005-AR-7085
ORANGETREE PUD AMENDMENT
EXCERPTS
FROM THE
EN\nRO~ENTALIMPACTSTATEMENT
Wi_Mille'.
Agenda Item No. 8E
July 26,2005
Page 1030f 116
New DifBCtions In Plannillg. Design & ElIginlNlrin(}
Northeast NapleS Water Reclamation And Water Treatment Facilities
Collier County Environmental Impact Statement
Page 4
III. 3.8.5.3. PROJECT DESCRIPTION AND GMP CONSISTENCY DETERMINATION
A. Provide an overall description of the project with respect to environmental
and water management Issues.
The property will be developed for a Collier County municipal water treatment
and water reclamation facility. No SFWMD or U.S. Army Corps of Engineers
(Corps) jurisdictional wetlands occur on the property. The property was cleared
of native vegetation in the past and no native habitats exist on the site. No State
or Federally listed plant or wildlife species have been documented on the site.
Listed species surveys conducted by WilsonMiller ecologists yielded no
observations of listed plant or wildlife species. Evidence of wildlife utilization on
the property is minimal.
A Conceptual Water Management Plan for the original Orange Tree PUD was
prepared by WilsonMiller, Inc. and approved by South Florida Water
Management District (SFWMD) on November 13, 1986. Approved as Permit #:
11...00418-8, the operating entity is designated as Orangetree Associates located
at 3000 Orange Grove Trail, Naples FL 34120.
The project is within the Golden Gate Canal Basin and Basin 2 of the Orangetree
Stormwater Master Plan. Rainfall runoff from the undeveloped areas within the
project generally flows in a southerly direction toward an east-west drainage
canal within Basin 2 of the Orangetree Stormwater system. Because this
property is surrounded to the north, east and south by drainage canals, there is
no runoff from adjacent properties
B. Explain how the project Is consistent with each of the Objectives and
Policies in the Conservation and Coastal Management Element of the
Growth Management Plan, where applicable.
GOAL 2
Objective 2.2 of the Conservation and Coastal Management Element of the
Growth Management Plan states II All canals, rivers and flow ways discharging
into estuaries shall meet all applicable federal, state or local water quality
standards. .
To accomplish that, Policy 2.2.2 states" In order to limit the specific and
cumulative impacts of stormwater runoff, stormwater systems should be
designed in such a way that discharged water does not degrade receiving waters
and an attempt is made to enhance the timing, quantity and quality of fresh water
(discharge) to the estuarine system..
The project is consistent with the objectives of Policy 2,2.2 in that it attempts to
mimic or enhance the quality of water leaving the site by utilizing stormwater
treatment ponds to provide water quality treatment and peak flow attenuation
during storm events.
12/2212llO4- 13&240 Vor: 03~ T1\JoIQ
.-
1'OlI01-:zG4.401-EWlK-2B111ll
Wilsl)nMille,.
New Directions In PlBnnlng. Design & Enginesring
Agenda Item No. 8E
July 26,2005
Page104of116
,
Northeast Naples Water Reclamation And Water Treatment Facilities
Collier County EnvlroMlefltallmpact Statement
Page 5
GOAL 3.
The County facilities will be developed according to SFWMD and Collier County
criteria for the design of the Surface Water Management System. Groundwater
wells for irrigation water are proposed to irrigate county-required landscape
buffer and turf. The subject property is located near the Orange Tree Utilities
Water Treatment Plant potable wellfield. A portion of the project is located within
Wellfield Risk Management Special Treatment Overlay Zone ST-WS4. The
portion of the project site affected by this overlay area is located along the
southwestern edge of the property boundary. The water reclamation facility is
proposed in the north central portion of the property, outside of the boundary of
the special treatment overlay, and is not expected to have any adverse effects on
the Wellfield Risk Management Zone. Therefore, the proposed project is
consistent with the Objectives and Policies of Goal 3.
GOAL 4
The proposed water reclamation project will require well construction permitting.
The groundwater wells will be designed and permitted in accordance with
SFWMD water use permitting rules. Therefore, the proposed project is
consistent with the Objectives and Policies of Goal 4.
GOAL 6
The project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of
the Conservation and Coastal Management Element, for the following reasons:
The current project site does not contain any native vegetation. Planting native
vegetation and retaining open space areas will provide ecological values that
currently do not exist in the property's use as a managed orange grove.
Littoral shelf planting areas within wet detention ponds shall be required at the
time of Site Development Plan/Construction Plan submittal, and will be required
to meet the minimum planting area requirement in Policy 6.1.7.
The requirement for an Environmental Impact Statement pursuant to Policy 6.1,8
has been satisfied.
Determination of State and Federal jurisdictional wetlands will be performed as
required by Policies 6.2.1 and 6.2.2.
Activities detrimental to preserve areas have been excluded from the preserve
areas as required by the conservation easement. Uses within the preserve areas
are in accordance with Policy 6.2.5(5)(d). Uses within preserve areas shall not
include any activity detrimental to drainage, flood control, water conservation,
erosion control, or fish and wildlife conservation and preservation.
GOAL 7
A summary of the listed species survey performed on the site in accordance with
Policy 7.1.2 is included in the Environmental Impact Statement (EIS). No listed
species or evidence of listed species inhabiting or utilizing the site has been
documented on the property.
1212212004-131240 Ver. 03~ llIlNG
CMQ
10001-_'. EVoftK. ZI'OI
Agenda Item No. 8E
July 26, 2005
Page105of116
NEIGHBORHOOD INFORMATION
MEETING (N.I.M.)
DATE: 4/27/05
TIME: 5:30 P.M.
LOCATION: Palmetto Ridge High School (cafeteria),
1655 Oil Wen Road, Naples, FL
SUBJECT: Orangetree PUDA-200S-AR.. 7085
*/N AN EFFORT TO CONTINUELY IMPROVE UPON THE PUBliC
NOTlFlCA110N PROCESS, /!.LEASE INDICATE NUMBER: HOW WERE
YOU INFORMED OF TODAY'S MEETING?
1.MailiDg
2. Newspaper ad
3. Other
(
S.rvev #
~
--
c,t~
__3
Agenda Item No. 8E
July 26, 2005
Page 106 of 116
Memorandum
To:
Heidi Williams, Principal Planner, Dept. of Zoning and Land Development Review
From:
Kris Van Lengen, Planner, Comprehensive Planning Department
Date:
February 22, 2005
Subject:
Golden Gate Area Master Plan (GGAMP) Consistency Review
PETITION NUMBER: PUDA-2005-AR-7085
PETITION NAME: Orangetree (PUD Amendment)
REQUEST: Amend the Orangetree PUD (Planned Unit Development) to: Add Section IX, "Public
Facilities" (PF), to describe the purpose and set forth the regulations for permitted uses and structures
and development standards associated with the PF District; modify Section VII, "Community Use", to
add additional acreage, usage and setback standards; revise the PUD Master Plan; and, make other
minor and incidental changes.
LOCATION: This PUD is on the west side of Immokalee Road (CR-846), the north side of Randall
Blvd., and is bisected by Oil Well Road (CR-858); it lies in Sections 11,12,13, 14, 22, 23 & 24,
Township 48 South, Range 27 East.
COMPREHENSIVE PLANNING COMMENTS: The subject property is designated
AgriculturallRural - Setuement Area District, as identified on the Future Land Use Map in the Golden
Gate Area Master Plan (GGAMP) of the Growth Management Plan (GMP). That District reads:
"Settlement Area Oistrict
This area consists of Sections 13, 14,23 and 24, and a portion of 22, Township 48 South, Range 27 East (the
former North Golden Gate Subdivision), which was zoned and platted between 1967 and 1970. In settlement of
a lawsuit pertaining to the permitted uses of this properly, this properly has been "vested" for the types of land
uses specified in that certain "PU 0" by Settlement Zoning granted by the County as referenced in that certain
SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January, 1986. Twenty-one hundred (2,100)
dwelling units and twenty-two (22) acres of neighborhood commercial uses and hotel/motel use are "vested-.
This area is now known as the Orange Tree PUO and the types of uses permitted include residential, earth
mining, commercial, agricultural, community facility, community uses, education facilities, religious facilities, golf
course, open space and recreational uses, and essential service uses.
By designation in the Growth Management Plan and the Golden Gate Area Master Plan as SetUement
Area, the Plan recognizes the property as an area which, while outside of the Urban Designation, is
appropriate for the following types of uses: residential, earth mining, commercial, agricultural, community
facility, community uses, education facilities, religious facilities, golf course, open space and recreational,
and essential services. Future zoning changes to add dwelling units or oommercial acreage within the
geographic boundaries of this District will not be prohibited or discouraged by reason of the above-
referenced vested status. The geographic expansion of the Settlement Area to additional lands outside
the areas covered by Sections 13, 14,23 and 24, and a portion of 22, Township 48 South, Range 27 East
(the former North Golden Gate Subdivision), shall be prohibited. The Settlement Area Land Use District
is limited to the area described above and shall not be available as a land use district for any other
properly in the county.u
1
Agenda Item No. 8E
Background July 26,2005
The subject site was originally platted in the late 1960slearly 1970s and was known as f;l~ \'jblffe'h16
Gate (NGG). It was designated Urban on the future land use map, and contained multiple zoning
districts (single family, multi-family, commercial, industrial, community use [school, park, utility], golf
course). Land clearing, excavation, grading and other physical development activities were
commenced.
In 1981, the Future Land Use Map was amended to designate the subject area as Rural. In 1982, the
Board of County Commissioners (BCC) rezoned the property to A-1, Agricultural, which permitted a
variety of agricultural uses, and one DU/5 acres as an accessory use. Subsequently, the property
owner filed a lawsuit against Collier County based on vesting claims.
On January 27, 1986, the property owner and BCC executed a "Settlement and Zoning Agreemenr
that included a rezoning of the property to "PUD by Settlement. - The County agreed to that rezoning
"based on it's finding that the proposed project would have far less impact on county and regional
facilities and the environment than the original North Golden Gate subdivision: The "Zoning and
Development Document" (subsequently known as Orangetree PUD document) allowed 2.100 dwelling
units on 826 acres; 22 acres of commercial development; 1,600 acres of agricultural uses; a 200 acre
golf course - allowed within the Agricultural or Residential areas; and, 95 acres of community uses
[fairgrounds, school, park, utility, etc.]). Also, the Residential area allowed, subject to site
development plan approval, churches, schools, civic and cultural facilities, private clubs, owner-
occupied childcare center, rest home, foster home, hospice, rehabilitation center.
On April 8, 1986, the Florida Department of Community Affairs (DCA), in response to applications filed
by the landowner, rendered a Binding Letter of Interpretation of Vested Rights Status! Binding Letter
of Interpretation of Modification to a Development of Regional Impact With Vested RightsNested
Rights Status Notification. The Binding Letter included these findings, conclusions and order:
. the developer had vested rights to develop the original NGG subdivision;
· NGG constituted a DRI;
. the changes to that vested DRI development plan, as depicted in the "Zoning and Development
Documenr approved by Collier County (subsequently known as Orangetree PUD), would result in
substantially less development than the NGG vested development plan, and would result in a
reduction of regional impacts;
. "As those changes described in your application for this letter have been approved by local
government and incorporated into a new development order [original Orangetree PUD], they
constitute the vested plan of development for North Golden Gate and must be followed by you;-
. "If any further changes are proposed to this project, they should be submitted by you to this
agency [DCA] so that they may be compared together with their impacts to the plan now found to
be vested in this letter [original Orangetree PUD];-
. "Therefore, all Mure changes to this modified development plan should be brought to the attention
ofthis agency." (for purpose of determining if DRI thresholds are exceeded for any new
development intensity beyond that which is vested).
In 1987, the BCC amended the FLUE and Map to designate this area "Vested Area II: (The
"settlement and zoning agreement- stated the County would change the designation to something
other than Urban.) The FLUE provision included a list of the permitted uses, and referenced the
"Zoning and Development Document- (PUD). The listed permitted uses included: agricultural uses
and related facilities; residential uses - maximum of 2,100 DUs and maximum height of two stories;
neighborhood commercial and hoteVmotel uses, not to exceed 22 acres; golf course, parks,
playgrounds, and similar recreation and open space uses; community facilities, such as fairgrounds
site, agricultural extension station, fire and police stations; educational facilities, religious facilities,
governmental activities, and child care center; essential services.
In 1989, with the adoption of the Growth Management Plan, the Orangetree area was designated
AgriculturallRural- Settlement Area in the FLUE. The same list of permitted uses from the previous
comprehensive plan. and reference to the "Zoning and Development Document,- was included. In
2
Agenda Item No. 8E
1991, the GGAMP was adopted; it maintained the AgriculturaVRural- Settlement Area ~~~ttj~~005
the same list of permitted uses, and reference to the .Zoning and Development Documen~ 0' 16
In 1991, the PUD by Settlement (original Orangetree PUD) was amended by Ordinance No. 91-43.
Changes included: correct error in total site acreage, reducing it from 2,798 to 2,752.8 acres; delete
one Residential classification; increase/decrease the number of DUs and acreage in the remaining
three Residential classifications, but maintaining the total approved DUs at 2,100; decrease
Agricultural acreage; increase acreage for Community Use by converting 31 acres from Agriculture to
Community Use for fairgrounds expansion; increase SchooVPark acreage by designating 11 acres
within the Residential area as School-Park site to reflect a park site that had been previously
approved by a site development plan, as allowed within the Residential area; increase Right-of-Way
and Lake acreages substantially; modify certain residential development standards; add
reservoirs/lakes as a permitted use in the Agricultural classification; add provision that predudes
Collier County from requesting conveyance of the water and sewer facilities prior to January 1, 2001;
and, make corresponding changes to PUD Master Plan. It is unknown for certain but appears that
DCA was not consulted about these changes; however, there were no increases in the major DRI
threshold determinants (# of DUs and amount of commercial development).
In 1997, the County adopted the Evaluation and Appraisal Report-based amendments to the GMP.
Changes to the Settlement Area District (in both the FLUE & GGAMP) included deleting the list of
permitted uses and intensity thresholds, while maintaining reference to the .Zoning and Development
Document. "
Subsequently, two private sector-initiated amendments to this District were approved (2001 and
2003). The purpose of the first amendment was to clarify allowed uses; the second was to clarify the
ability to increase the use intensity beyond that which is "vested" (2,100 dwelling units and 22 acres of
neighborhood commercial).
In 2004, two amendments to the Orangetree PUD were approved. The first was to add schools and
school facilities as an allowed use on lands designated as AG, Agriculture, on the PUD Master Plan;
the second was to remove approximately 616 acres from the Orangetree PUD as a companion
petition to a rezone of those 616 acres to the Orange Blossom Ranch PUD.
Analysis
This PUD Amendment creates a Public Facility District for the purposes of water treatment, water
reclamation and other related uses. The uses enumerated for this District are essential services and
are therefore consistent with the allowed uses in the Rural Settlement Area District, This Amendment
also modifies Community Use to include passive recreation facilities, docks, boat rentals, household
waste and recycling facilities. The Rural Settlement District allows community uses; the proposed
changes are consistent with the allowed uses in the GGAMP.
The proposed changes accommodate the needs of residents and visitors while protecting natural
resources, in furtherance of Objective 1.1 of the Economic Element of the Growth Management Plan.
This PUD Amendment application was submitted and reviewed during the pending rezone petition
PUDZ-2003-AR-3608. It is anticipated that AR-3608 will proceed to hearing prior to the adoption of
this proposed amendment. In any event, the applicant should monitor and further revise its PUD
document and Master Plan consistent with the status of the AR-3608 PUD at the time this petition
goes to hearing.
The proposed document should include a Statement of Compliance, Again, this should be consistent
with the Statement of Compliance to be provided in connection with AR-3608 (see below). The only
required (additional) change would be the addition of Public Facilities uses to the third sentence,
paragraph one.
3
Agenda Item No. 8E
PUD Document and Master Plan: Add the Statement of Compliance from petition AR~oa:tl~~96, t~~~
modified for this petition: ag 0
STATEMENT OF COMPLIANCE
The Development of approximately 2136.8 acres of property in Collier County, as a Planned Unit
Development, known as Orangetree, will be in compliance with the goals, objectives and policies of
Collier County as set forth in the Growth Management Plan. The Development is subject to, and will
also be in compliance with, the Binding Letter of Interpretation of Vested Rights Status/Binding Letter
of Interpretation of Modification to a Development of Regional Impact with Vested RightsNested
Rights Status notification issued by the Florida Department of Community Affairs on April 8, 1986. The
residential, commercial, agricultural, community facility, public facility and recreational uses of
Orangetree will be consistent with the growth policies, Land Development regulations and applicable
comprehensive planning objectives of each of the elements of the Growth Management Plan for the
following reasons:
1. The subject property's location in relation to existing or proposed community facilities and
services permits the development's residential density as required in Objective 2 of the
Future Land Use Element.
2. The project development is compatible with and complimentary to existing and future
surrounding land uses as required in Policy 5.4 of the Future land Use element.
3. Improvements are planned to be in compliance with applicable land development
regulations as set forth in Objective 3 of the Future Land Use Element.
4. The project development will result in an efficient and economical extension of community
facilities and services as required in Objective 3 of the Future Land Use Element.
5. The project gross density of 1.8 d.u.'s per acre, commercial uses, and other non-residential
uses, are consistent with the Rural Settlement Area designation in the Future Land Use
Element and Golden Gate Area Master Plan of the Growth Management Plan. The Rural
Settlement Area District allows the uses identified in the Orangetree PUD and does not
establish maximum densities or intensities.
Regarding compatibility with surrounding land uses, Comprehensive Planning leaves this
determination to Zoning and Land Development Review staff as part of their review of the petition in
its entirety.
CONCLUSION
Based upon the above analysis, staff is of the opinion that the proposed amendments may be
deemed consistent with the Rural Settlement Area District in the GGAMP.
00: Susan Murray, AlcP, Zoning and Land Development Review Director
Stan Litsinger, AlcP, Comprehensive Planning Director
cD/GGAMP File
4
WirliamsHeidi
Agenda Item No. BE
July 26, 2005
Page110of116
To:
Subject:
tony donzello
RE: Orangetree PUD rezoning meeting
Thank you for your input, and your attendance at last night's meeting on the proposed
Orangetree PUD Amendment (PUDA-2005-AR-7085). I'll try to address your questions as best
I can. First, the applicant has complied with the requirements of the Land Development
Code for the Neighborhood Information Meeting, as determined by Linda Bedtelyon, Public
Information Coordinator. Second, the PUD Amendment is still under review by County staff.
Once it is complete and scheduled for hearings a letter will be sent to all property
owners within 1000 feet of the entire PUD, which includes all Waterways owners. I am
available for additional questions and information on an ongoing basis as well. Your
third question is better answered by the applicant. The likely answer is that this would
be a highly regulated and monitored operation, and any accidental release (if that's even
possible) would be subject to fines, mitigation and clean-up. I hope that I have answered
your questions sufficiently, but if there's anything else I can do, please feel free to
contact me again. --Heidi Williams
Heidi K. Williams, Principal Planner
Collier County CDES
Department of Zoning and Land Development Review
2800 North Horseshoe Drive
Naples, FL 34104
p: 239-213-2993
f; 239-643-6968
-----Original Message-----
From: tony donzello [mailto:adonzello@swfla.rr.com]
Sent: Thursday, April 28, 2005 8:35 AM
To: WilliamsHeidi
Subject: OrangetreePUD rezoning meeting
I was at the meeting last night (4/27) at Palmetto Ridge High School
concerning the proposed rezoning to the Orangetree PUD.
I am a resident of the Waterways community that is on the western side
of the subject property. To me it was a very informative meeting. I have
some observations about the meeting.
1, The notification letter didn't reach enough property owners. I have
friends who lives across the lake at the western end of the subject
property and didn't receive a notification of the meeting. The property
is on the cul-de-sac that faces the recycling area. I didn't receive the
notification either. This is a touchy subject in our community and I
think that everyone here should have been notified. I believe the
attendance would have been greater.
2, Is there any way that we here at Waterways can say abreast of the
proceedings? The web sites are usually after the fact.
3, I originally came from Connecticut. We had a water treatment plant on
a river. Every time the river flooded or there were heavy rains the
plant would be inundated and raw sewerage would flow down the river.
What safe guards are to prevent that from happening here in case of
heavy rains or flooding?
Thank You
Tony Donzello
1
Agenda Item No. 8E
July 26, 2005
Page 111 of 116
Williams Heidi
Subject:
Robert E. Buck
adonzello@swfla.rr.com; ajdiamant@swfla.rr.com; jlynch4875@prodigy.net; jshortguy189
@aol.com; LocksirD@aol.com; johntCC@swfla.rr.com
RE: Orangetree PUD rezoning meeting
To:
Cc:
Hello,
Thank you for your follow-up on the proposed Orangetree PUD Amendment. I'm sorry you
weren't able to attend the meeting, as I think it was informative. I'll do my best to
answer your questions. 1) At the time that the proposed recycling center is reviewed
under our Site Development Plan (SOP) process (should the amendment be approved), the
applicant will be required to provide the Code specified landscape buffers on the site.
2) A representative from the Solid Waste department stated that they intend to have all
materials collected weekly or bi-weekly, as is necessary based on volume. There are
regulations that limit the amount of time the material would be onsite, and the amount of
material kept there at one time, that they would adhere to. He also mentioned that the
containers are required to be professionally cleaned periodically and waste disposed of by
DEP certified contractors. 3) He also stated that the hours of operation would most
likely be Tuesday-Saturday from 8-5, so night time operations are unlikely. The location
of the recycling center is not set in stone. It has to be located in a use district that
allows it, but the overall park/recycling site is not designed yet, so there is still time
to discuss the idea of moving the recycling center further east with the Solid Waste
department.
Please let me know if you have any other questions that I can answer, Heidi Williams
---------------------------
Heidi K. Williams, Principal Planner
Collier County CDES
Department of Zoning and Land Development Review
2800 North Horseshoe Drive
Naples, FL 34104
p: 239-213-2993
f: 239-643-6968
---------------------------
-----Original Message-----
From: Robert E. Buck [mailto:buckrel@juno.comJ
Sent: Thursday, April 28, 2005 9:47 AM
To: WilliamsHeidi
Cc: adonzello@swfla.rr.com; ajdiamant@swfla.rr.com;
jlynch4875@prodigy.net; jshortguyl89@aol.com; LocksirD@aol.com;
johntcc@swfla.rr.com
Subject: Fw: OrangetreePUD rezoning meeting
Hello Heidi. You and I had exchanged a few notes before regarding this
project. Unfortunately, I had to work last night and was unable to
attend the public information meeting.
You may recall that in our previous notes I had a few questions from the
residents regarding the recycling drop area portion of the project, and I
was wondering if you now have answers for them:
1) what sight and sound barriers will be used
2) how frequently will the recyclable materials be picked up
3) will that area be lighted for night time operations
In addition to the questions, a general comment to add, namely that while
we know it would make sense for the drop off facility to be as close as
possible to the entrance to the general area, from our perspective here
1
.. ;,
in Waterways, the further east (closer to the water and waste facilities)
it can be placed the better.
Thanks,
Bob Buck
--------- Forwarded message ----------
From: tony donzello <adonzello@swfla.rr.com>
To: heidiwilliams@colliergov.net
Date: Thu, 28 Apr 2005 08:34:59 -0400
Subject: OrangetreePUD rezoning meeting
I was at the meeting last night (4/27) at Palmetto Ridge High School
concerning the proposed rezoning to the Orangetree PUD.
I am a resident of the Waterways community that is on the western side
of the subject property, To me it was a very informative meeting. I have
some observations about the meeting.
1, The notification letter didn't reach enough property owners. I have
friends who lives across the lake at the western end of the subject
property and didn't receive a notification of the meeting. The property
is on the cul-de-sac that faces the recycling area. I didn't receive the
notification either. This is a touchy subject in our community and I
think that everyone here should have been notified. I believe the
attendance would have been greater.
2, Is there any way that we here at Waterways can say abreast of the
proceedings? The web sites are usually after the fact.
3, I originally came from Connecticut. We had a water treatment plant on
a river. Every time the river flooded or there were heavy rains the
plant would be inundated and raw sewerage would flow down the river.
What safe guards are to prevent that from happening here in case of
heavy rains or flooding?
Thank You
Tony Donzello
3439 Allegheny Ct.
Naples
2
Agenda Item No. 8E
July 26, 2005
Page 112 of 116
Agenda Item No. 8E
July 26, 2005
Page 113 of 116
WilliamsHeidi
Subject:
Robert E. Buck [buckre1@juno.com]
Thursday, April 28, 2005 8:57 PM
margie-hapke@colliergov.net
WilliamsHeidi; ajdiamant@swfla.rr.com; dstoffel@swfla.rr.com; DCMotor14@aol.com;
jpaulchef@swfla.rr.com; lual@swfla.rr.com; johntcc@swfla.rr.com; adonzello@swfla.rr.com;
jlynch4B75@prodigy.net; jshortguy189@aol.com; LocksirD@aol.com; flala_d; HalasFrank;
coyleFred; ColettaJim;~okiegnat@swfla.rr.com
County utilities plan for~ea
From:
Sent:
To:
Cc:
Hello again Margie. I was unable to attend either the Town Hall meeting
of the commissioners recently at Palmetto Ridge HS, or the public
information meeting your department conducted there last night. As a
result, I have only this evening finally seen the schematic of the site
that was handed out at the Town Hall meeting, and I do now have some
significant concerns.
We have had numerous prior discussions about the placement of the
facilities within the approximately 208 acre site where it is planned to
be built, and as I've said previously I can anticipate relatively little
resistance from the Waterways residents if the plants are built in the
east end of this piece of property. This would do a great deal to
mitigate any impact to the property values of our preexisting community,
and I was repeatedly assured that would be a strong consideration. I am
very disappointed to see that the water reclamation portion of the
project appears to have migrated much further to the west, and that the
recycling drop off facility also remains at the west end. This would
place both of these elements of the project in an unacceptably close
proximity to Waterways. Close enough that they can be seen, and to raise
concerns among our residents regarding the possibility of objectionable
noise or smells, ultimately with an adverse impact to our property
values. Without that buffer of distance, the alternative is physical
barriers, which would add cost to the project.
I know that the handout schematic includes the statement that nothing is
firm, and everything is subject to change, and that these details won't
be solidified until much further along in the design process. However,
the first hurdle in terms of an opportunity for public outcry is coming
up fairly soon according to the time line shown, when the rezoning
hearings are held. I think it is safe to say that the opposition from
residents of Waterways will be increased greatly in light of how the
preliminary schematic shows the placement of the facilities within the
property. Either is was a disservice to your department to show it this
way and generate added concern and opposition unnecessarily, or this does
actually represent the preferred design assumption, in which case it
misleads our citizens to not say that's what it is.
As always, thank you for your attention, and desire to work with us to
facilitate this project in a way that is most beneficial, and least
damaging, to either party.
Bob Buck
(Waterways)
1
Agenda Item No. BE
July 26. 2005
Page114of116
June 13, 2005
Collier County Planning Commission;
Re: Petition PUDA-2005-AR.-7085
Amendment to Orangetree PUD
As owners of property abutting the north boundary of the subject parcel, we would offer the following
comments for your consideration.
The parcel covered by this petition was purchased over two years ago for the specific purposes described
in the petition. There was no notice or public hearing in advance of the purchase and affected property
owners were not afforded an opportunity to express any views regarding the location of these facilities
prior to this purchase. We are concerned that the location of these facilities, illuminated and operating
24n directly adjacent to us will adversely affect our property values and since we have no choice but to
accept the placement of these facilities in our midst, we would ask for consideration of the following
points.
1. Buffering: The "Type B" buffering requirement for a "public facility" are less stringent than
the "Type Cn buffering required for "industrial" zoning, which this proposed facility more closely
resembles. There is a clause in the purchase agreement for the property, which requires buffering very
much like Type C to be provided on the South boundary of the property. In our meetings with county
staff we have been assured of adequate buffering but we would like to see a minimum of Type C also
specified for us on the northern boundary rather than to rely 00 verbal assurances as to what will be
provided.
2. Building Setback: In our meetings with county staff it bas been stated that they are figuring
they will set the buildings back a minimum of 300 feet from the northern property line. This distance
along with proper buffering should provide us with an acceptable amount of isolation from the facilities.
It is our understanding that the petition before you calls for a minimum setback of 100 feet. We have been
informed that the reason for this difference is so that a precedent will not be set for future land
acquisitions. We would prefer that the 300 foot setback be part of the permit If it is found later that this
must be changed, we would then know of the change in advance.
The situation at this proposed facility is somewhat unique in that it is being placed into a developed area.
This differs from the situation at the other two county wastewater plants which were sited before the
surrounding areas were developed. In those cases, the surrounding homeowners knew of the facilities
before they purchased their landlhomes. Such is not the case here at this new water and wastewater plant.
I would like to go on record as saying that over the past year in meetings we have had with county staff
and representatives of WilsonMiller and Carollo Engineers, they all appear to understand our concerns
and are willing to work with us to help us make the best of what, for us, is a bad situation. The reason we
ask that the above assurances be included in the zoning permit goes back to a time two years ago when
misleading statements were made to us by some county officials.
3~~~
/// - ~'.~-
~&-p~- ~h~~...(>r- -
Allen and Diane Landreth
4220 18th Street NE
Naples, FL 34120
239 352 7648
Agenda Item No. BE
July 26, 2005
Page 115 of 116
ORDINANCE NO. 05-_
AN ORDINANCE AMENDING ORDINANCE NUMBER
2004-41, AS AMENDED, THE COLLIER COUNTY
LAND DEVEWPMENT CODE, WHICH INCLUDES
THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM PUD
TO A MIXED USE PLANNED UNIT DEVELOPMENT
KNOWN AS THE ORANGETREE MPUD, FOR
PROPERTY LOCATED IN SECTIONS II AND 14,
TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 216 ACRES;
PROVIDING FOR THE PARTIAL REPEAL OF
ORDINANCE NUMBER 04-73, THE EXISTING
ORANGETREE PUD ORDINANCE; AND BY
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Collier County Public Utilities Division and the Collier County Board of
County Commissioners, represented by Bruce E. Tyson, AICP, of WilsonMiller, Inc., has
petitioned the Board of County Commissioners to change the zoning classification of the herein
descnbed real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
The zoning classification of the herein described real property located in Sections II and
14, Township 48 South, Range 27 East, Collier County, Florida, is changed from ''PUD'' to
"MPUD," Mixed Use Planned Unit Development, in accordance with the additions and deletions
to Ordinance Number 04-73, the Orangetree PUD as reflected in the PUD Document, attached
hereto as Exhibit "A," which is incorporated herein and by reference made part hereof. The
appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended,
the Collier County Land Development Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance Number 04-73, known as the Orangetree PUD, adopted on November 16,
2004, by the Board of County Commissioners of Collier County, Florida, is hereby repealed only
to the extent that the Ordinance is inconsistent with the additions and deletions set forth in the
Orangetree MPUD Document attached hereto as Exhibit "A". All other provisions of Ordinance
Number 04-73 shall remain in full force and effect.
Words stFIlek thre. are deleted; words underlined are added.
Page 1 of 2
Agenda Item No. 8E
July 26,2005
Page 116 of 116
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _ day of
,2005.
ArrEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DEPUTY CLERK
BY:
FRED W. COYLE, CHAIRMAN
Approved as to fonn and
legal sufficiency
MaJjorie M. Student-Stirling
Assistant County Attorney
PUDZ-A.2004.AR-68881KD/sp
Words stAielc tlH:eagh are deleted; words underlined are added.
Page 2 of 2
Agenda Item No. 8F
July 26, 2005
Page 1 of 4
.---
EXECUTIVE SUMMARY
Recommendation that the Board eoDJider commeneing the proeess of establishing a
Munieipal Serviees Benefit Unit punuant to a petition of pro~rty ownen to fad
the restoration of the lake between 10711I Avenue North and 10811I Avenue North and
improve stol'Dlwater management for surrounding properties, and to lip the initial
Resolution creating the unit.
OBJECTIVE: To commence the process of establi$ing a Municipal Services Benefit
Unit to fund the restoration of the lake between I 07th Avenue North and 1 081h Avenue
North and improve stormwater management for the surrounding properties.
--
CONSIDERATIONS: At the Board's January 25, 2005 Regular Meeting, Mr. Thomas
Mooney made a public petition request to discuss ways the County could assist in
restoring the above-referenced, privately-owned lake. Mr. Mooney stressed the lake's
role in the area's stonnwater management and the Board asked the County Attorney's
Office to research possible options. After discussions between the County Attorney's
Office and Mr. Mooney, the owners of the properties surromding the lake elected to
utilize the petition process set forth in Section 122-29 of the Collier County Code of
Laws and Ordinances in order to establish a Municipal Services Benefit Unit. The
estimated cost of the lake restoration project is $40,000 and individual assessments will
be calculated based on the lake frontage for each of the surrounding properties. In
keeping with Section 122-29, a petition signed by 19 of the surrounding property owners
was submitted to the Clerk of Courts and forwarded to the Property Appraiser for review
and verification. The petition also asks the Board to provide advance funding for the
project. (please note that the Board must find that this project meets a public purpose.)
Should the Board approve this first step in the creation of this Benefit Unit, sta:f:l: in
accordance with Section 122-42 of the Collier County Code of Laws and Ordinances,
working with the com.numity, will obtain final plans, specifications and cost estimates,
and create a tentative assessment roll for publishing by the Clerk. The matter shall then
return to this Board for a hearing on final approval of the Benefit Unit.
FISCAL IMPACT: $212.16 cost for the initial notice publication and additional
undetermined costs for later notice publication to be reimbursed during the assessment
process. In addition, if approved by the Board, an estimated $40,000 in advance funding
for the project, which will be refunded to the Board as assessments are collected.
GROWTH MANAGEMENT IMPACf: None.
RECOMMENDATION: That the Board consider commencing the process of
establishing a Municipal Services Benefit Unit gursuant to a petition of Rroperty owners
to fund the restoration of the lake between 107 Avenue North and 108 Avenue North
and improve stormwater management for surrounding properties, and, if the project is
fomd by this Board to meet a public purpose, consider priority advance funding for the
project, in an amount estimated to be $40,000.
PREPARED BY: Jeffrey A. Klatzlcow, Assistant County Attorney
-
Item Number
Item Summary
Meeting Date
Approved By
Michael Smykowski
County Manager's Office
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Agenda Item No. 8F
July 26, 2005
Page 2 of 4
8F
This item to be heard at 11 :00 a.m. Recommendation that the Board establish a Municipal
Services Benefit Unit pursuant to a petition of property owners to fund the restorati on of the
lake between 107th Avenue North and 108th Avenue North and improve stormwater
management for surrounding properties.
7/26/20059:00:00 f.M
Management & Budget Director
Office of Management & Budget
7/19/20054:42 PM
Date
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
Date
7/19/20056:13 PM
RESOLUTION NO. 1005- _
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, ESTABLISHING A MUNICIPAL SERVICES
BENEFIT UNIT, PURSUANT TO A PETITION OF mE PROPERTY
OWNERS LOCATED WITHIN SAID UNIT, TO FUND RESTORATION OF
THE LAKE BElWEEN I07TR AVENUE NORm AND I08TB A VENUE
NORTH.
Agenda Item No. 8F
July 26, 2005
Page 3 of 4
WHEREAS, Section 122-29 of the Code of Laws and Ordinances sets forth the process for
creation of a Municipal Services Benefit Unit (MSBU) and provides that the Board of County
Commissioners may determine to establish a MSBU pursuant to a petition of property owners
located within such unit; and
WHEREAS, pursuant to Section 122-29(b), nineteen (19) of the property owners located
within the proposed unit signed. a petition requesting that the Board of County Commissioners
provide advance funding in an estimated amount of $40,000 to fund restoration of the lake between
I07lh A venue North and I 08* Avenue North for purposes of stonnwatcr management; said petition
stating the area to be included in the proposed unit, the nature of the proposed project, and that the
project shall be principally paid ftom special assessments; and
WHEREAS, pursuant to Section 122-29(b), said petition was submitted to the Clerk of
Courts and forwarded. to the Property Appraiser who verified. that the petition was signed. by a
majority of the property owners within the proposed unit; and
WHEREAS, the Clerk of Courts has completed all publication and notice requirements set
forth in Section 122-29(c) which included the mailing of notices to each property owner within the
proposed. unit at least fifteen (IS) days prior to this hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, dlat:
The Collier County Board of County Commissioners, having considered all objections to the
requested MSBU, hereby approves the initial creation of the Naples Park Lake Special Assessment
District ("District"). The District is comprised of all parcels, which adjoin Naples Park Lake, shown
as Exhibit "A" to this Resolution. All costs of the project, including all legal notice costs, estimated
to be $40,000, shall be assessed. by lake ftontage of each of the surrounding properties of Naples
Park Lake, and statT is hereby directed to take all action it deems necessary to fulfill the project
contemplated. by this District.
THIS RESOLUTION ADOPTED after motion, second, lIDd majority vote favoring same,
this _ day of ,200S.
A TrEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
, Deputy Clerk
Approved IS to fonn lII1CIlcgaJ sufficiency:
Jefby A. KJatzkow.
Assistant County Attorney
Print Map
AgendJrMR ~8.fa~
July 26,2005
Page 4 of 4
o 2004. Collier County property Appra_, WhIle the Collier Coll'1ly Property AppraIMr II commllled to providing th. moat accurate and up.to-dat. Informatlon, nc
lor the data herein, Ita UN, or ltalnterprllatlon.
http://maps.collierappraiser.comlwebmap/mapprint.aspx ?title=&orient=LANDSCAPE&pa... 7/1912005
EXEctrRvEStrmlARv
Agenda Item No. 9A
July 26, ,2005
Page10f 11
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,~:PQ~OFMB~ER($)rO ~ TOu.rtiSTDEVELOPMBm cOUNelL ..
OBJECTIVE: To appoint 1 member to fulfill the remainder ofa vacant term, expiring on April
21,2007 to the Tourist Development Council.
CONSIDERATIONS: The Tourist Development Council has I vacancy due to a resignation.
This 9 member council was established by Ordinance No. 92-18 as an advisory committee to
make recommendations to the Board of County Commissioners regarding a proposed plan of
uses for tourist development tax revenues, for thee:tfective operation of the special projects or
uses of the tourist development tax revenues, and to review all expenditures of revenues from the
tourist development trust fund. This council consists of the Chairman or designated
representative of the Board of County Commissioners, 2 elected municipal officials, 3 owners or
operators of motels, hotels, recreational vehicle parks, or other tourist accommodations in the
county and subject to the tourist tax, 3 individuals involved in the tourist industry who have
demonstrated an interest in tourist development, but who are not owners or operators of motels,
hotels or other tourist accommodations. The council shall meet at least once each quarter.
Terms are 4 years. A list of the current membership is included in the backup.
Mr. Robert J. Dictor (Owner/Operator) resigned his position on May 24,2005. A press release
was issued and 1 resume was received from the following interested citizen:
-
APPLICANT
I Clark Wakefield Hill
CATEGORY
I Owner/Operator
mn ELECI'OR ADV. COMM.
~None
COMMI'ITEE RECOMMENDATION: Clark Wakefield Hill
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare
a resolution confirming the appointment.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: JULY 26, 2005
-
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
9A
Appointment of member to the Tourist Development Council.
7f26f2005 9:00:00 AM
Agenda Item No. 9A
July 26, 2005
Page 2 of 11
Prepared By
Date
Sue Filson
Board of County
Commissioners
Executive Manager to the BCC
BCC Office
7f1/200S 3:11 :28 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
Date
7/8/2005 1 :37 PM
Agenda Item No. 9A
July 26, 2005
Page 3 of 11
Naples @
Marco Island
~~
Everglades
"A"ADISt:. oo".r
MEMORANDUM
TO:
Sue Filson, Executive Manager
Board of County Commissioners
FROM:
Jack Wert, Director
Naples, Marco Island, Everglades CVB
DATE:
June 27,2005
SUBJECT:
Tourist Development Council Vacancy
At the June 27, 2005 Tourist Development Council (TDC) meeting the
applicants for the TDC Owner/Operator vacancy were reviewed and the
following recommendation was made:
Moved to support and recommend Clark Hill for the vacant
Owner/Operator position on the TDC to the Board of County
Commissioners.
This motion was approved 6 to O.
C.veatl_ &I: Vlalton B.nau
3050 N. Boneslaoe Drive 1218, Naples, FI 34184
T (239) 483-2384 · F (239) 403-2404
Web alte www.clauienorida.c:om
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Agenda Item No. 9A
July 26, 2005
Page 5 of 11
--
Tourist Development Council
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-oppt 2ndExpDate 2nd Term
Chairman Fred Coyle 774-8097 01/11/05 01/10/06 1 Year
3301 E. Tamiami Trail
Naples, FL 34112
E-Mail: fredcoy1e@colJiergov.net
District: 4
Category: BCC Chairman
Councilman John F. Sorey 434-41601 03/09/04 04/21/08 4 Years
735 Eighth Street South
Naples, FL 34102
E-Mail: counciJ@naplesgov.com
District: 4
OItegory: Municipal Officer - City of Naples
Mr. E. Glenn Tucker 389-5000 05/02100 04121/04 4 Years
50 Bald Eagle Drive, Suite 204 03/23/04 04121108 4 Years
Marco Island, FL 34145
E-Mail: friartuck372S@cs.com
District: I
OItegory: Municipal Official- Marco Island
Mr. Douglas House 895-4400 04/13/04 04/21108 4 Years
408 Buckner A venue 895-3782
Everglades City, FL 34139
E-Mail:
District: 5
Cotegory: Owner/Operator ~
. '1~
8( (Ie
Mr. Robert J. Dictor (.e: q~l.,\ 842-2800 03/11103 04121107 4 Years
J 41 Gulfport Court ~ 389-2838
Marco Island, FL 34J45
E-Mail: robert.dictor@marriott.com
District: 1
Category: Owner/Operator
Wednesday, Mtq 11, 2805
Pagelof3
,--~--_.'-'--_._'--
Agenda Item No. 9A
July 26, 2005
Page 6 of 11
Tourist Development Council
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2"d Term
Mr. David Loving 649-7455 03/11/03 04121107 4 Years
P.O. Box 619 695-0656
Everglades City, FL 34139
E-Mail: epl401@aoI.com
District: 5
Ctltegory: Municipal - Everglades City
Mr. Murray H. Hendel 04/13/04 04/21/08 4 Years
4301 Gulf Shore Boulevard 262-0738
Naples, FL 34103
E-Mail: murrp2h@aolcom
District: 4
Category: Non-Owner/Operator
Mr. Ronald Albeit 594-8001 05/10/05 04/21106 1 Year
1919 Timberline Drive 596-9455
Naples, FL 34119
E-MaU: ralbeit@naplesresort.com
District: 2
CIlJegory: Owner/Operator
Ms. Susan M. Becker 03/26/02 04/21/06 4 Years
371 Eleventh Avenue South 261-7708
Naples, FL 34102
E-Mail: sssbecker@msn.com
District: 4
Category: Non-Owner/Operator
IV.....,. May 11. 2HS
Pqe20lJ
Agenda Item No. 9A
July 26, 2005
Page 7 of 11
-"
Tourist Development Council
Name
Work Phone Appt'd Exp. Date Term
HOlM Phone DateR~ppt 2ntlExpDate 2nd Term
This 9 member council was Cleated on March 23, 1992 by Old. No. 92-18 to make
recommend8liona to the Boerd of County Commiaioners regarding a proposed plan of U88S for
tourist development tax revenues, for the effective operation of the special projects or U88S of
the tourist devetopment tax reven...., and to review all expenditures of reven.... tram the
tourist development trust Md. Memberlhip conlist of the Chainnan of the Bce, 3
owner/operators, 31101HJW1"ler/openltor'e and 2 elected municipal official&. Terms a"e 4 years.
NOTE: BCC adpot8d Ord. 2000.44 on 8/27/00 88 follows: "The City of Everglades and the
City of Marco Island shall alternate as the second municipal member. In the event that other
municipalities are Ieg8IIy CI8IIted In Collier County, then thoee municipalities shall be Included
In the rotation procell for the second municipal8e8t.
On 9-21-04 the sec approved Ord. No. 2004-57 to reduce membership to 9 members, deleting
non-voting technical advi8or,
Reso 2002-226 adopled on 5-14-02 permitting municlp8lltielS to recommend TOe appointees,
with membership colI_ng of Chalnnan of sec, 3 municipal representatives, 3
owner/operators and 2 nonowner/opel8tors.
On 9-21-04 sec adapted Ord 2004-57 deleting the non-voting member wtIh protelllonal
OVftArI.......-o I.. the .....,..,.....ntlift.. oftf'll ......."MI..,. ,.. ~.I ..."......
FL STAT 125.0104
Sttzff: Gail Hambright, Administrative A8slstant: 403-2384
Wdn5dtq, Mtq 11, 21fJ5
P"lId 01 J
Agenda Item No. 9A
July 26, 2005
Page 8 of 11
MEMORANDUM
DATE:
June 24, 2005
TO:
Elections Office :2J
Sue Filson, Executive Manager ..j
Board of County Commissio
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 know if those listed below are
registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
TOURIST DEVELOPMENT COUNCIL
Clark Wakefield Hill
15515 Cedarwood Lane, #102
Naples, FL 34110
COMMISSION DISTRICT
J-
Thank you for your help.
Page 1 of3
Agenda Item No. 9A
July 26, 2005
Page 9 of 11
filson s
.m:-
advisoryboardsOcoIliergov.net
Sent: Thursday, June 09,2005 6:01 PM
To: filson_s
Subject: New On-line Advisory Board Application Sutmtted.
A~K~
Board of County Commissioners
3301 East Tamiaml Trail
Naples, FL 34112
Tel: (238) 774-3802
Fax: (239) 774-3802
f(t~I,,1
.
" "
~
'. . . .~
:... '. 4.' ,..
June 09, 2005
Application for Advisory Committees I Boards
Name: Clark Wakefield Hill Home Phone: 239-536-5076
Home Address: 15515 Cedarwood Lane #102
e
City: Naples Zip Code: 34110
Fax Number: 239~9-3114 Business Phone: 239-430-4900
Emall Address:chill@cooperhotels.com
Place of Employment: Hilton Naples
How long have you lived In Collier County? 5-10 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter In Collier County? Yes
Board I Committee Applied for: Tourist Development Council (TDC)
Category: (if applicable) No information provided.
e
Do you currently hold public office? No
6/10/2005
Page 2 of3
Agenda Item No. 9A
July 26, 2005
Page 10 of 11
~
Do you now serve, or have you served on a
Collier County board or committee?
No
-4t
Pi.... list your community actlvltl..:
Collier County Hotel & lodging Association: * Member,
Board of Directors April 2005 - Present * Immediate Past
President January 2004 - April 2005 * President January
2002 - January 2004 * Vice President February 2000 -
January 2002 Greater Naples Chamber of Commerce: *
Member, Board of Directors April 2002 - Present Collier
County Sports Organizing Committee: * Founding Board
Member January 2004 - Present Economic Development
Council of Collier County: * Corporate Member January
2000 - Present Hilton Hotels of Florida Marketing Advisory
Board: * Director January 200 - Present LEE COUNTY
1988 - 1999 Edison College: * Chairperson, Hospitality
College Advisory Board 1994 - 1998 lee County Hotel &
Motel Association: · Vice President, President, Past
President, Board Member 1988 - 1999 Lee County Sports
Organizing Committee: * Founding President, Board
Member 1993 - 1999 Harborside Conference and
Convention Council: * Member, Board of Directors 1993 -
1996 Lee County Workforce Development Council:
*Member, Board of Directors 1995 -1999 Rotary
International: * Member 1989 - 1999 Chamber of
Southwest Florida: * Member 1989 -1999 lee County
Economic Development Council: * Member 1989 -1999
AWARDS & RECOGNITION Greater Naples, Marco
Island, Everglades Convention & Visitors Bureau: * 2005
Director's Award For Excellence In Tourism * 2003 Best
Strategic Partner Greater Naples Chamber of Commerce:
* 2005 Volunteer Of The Year Hilton Hotels Corporation: *
2004 Balanced Scorecard Achievement - Excellence
Award (Hilton Naples Ranked 6 among all Full Service
Hilton Hotels for Service and Guest Return Intent) Shula's
Steak Houses: * Flagship location for Culinary Training
and New Investor Development Southwest Florida
Concierge and Guest Services Association: · 2004
General Manager of the Year Nominee American
Automobile Association: * Four Diamond Award 2001,
2002,2003,2004,2005
e
Education:
* University of Alabama - Major: Industrial Relations 1971
- 1975 * Hilton Hotels Corporation - General Manager
Recertification Annual * Hilton Hotels Corporation -
General Manager Orientation 1999 * Holiday Inn
University - General Manager Sales, Marketing and
../10/2005
Page 3 of3
Agenda Item No. 9A
July 26,2005
Page 11 of 11
e
Operations Effectiveness Program 1985 .. American Hotel
& Motel Education Institute - Certified Hotel Administrator
Designation 1984 - Present .. Dale Carnegie Programs -
Human Relations Course 1980
Experience I Background:
Extensive, diverse Hospitality Management experience
since 1975. Opened three hotels that consistantly perform
among the top in their market classification. Lead turn-
around teams transforming underperforming, troubled
properties into guest service focused, high quality, very
profitable businesses. .. Huntsville Hilton Hotel 1975 -
1982 .. Knoxville Airport Hilton Hotel 1982 - 1984 .. Holiday
Inn St. Peters! St. Louis Area 1984 - 1987 .. Holiday Inn
Select, Bell Tower 1987 -1999 (ConculT8nt)" Homewood
Suites Hotel, Bell Tower 1997 -1999" Hilton Naples 1999
- Present
e
e
6/10/2005
EXEcutIVE S~..x
Agenda Item No. 98
.:<C"':", ..........:<:>...,,:..,:..:..;: .::":" .,,- : <-'.:': " ",::,"'.: '.,.::.::.:::....>;,...,:,..:..:::.,.....:::.:->.. ", "'::'
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, ~OF ~~B:R,(S) TO TaB HISPANIO AFFArRS,
OBJECTIVE: To appoint 5 members to the Hispanic Affairs Advisory Board.
CONSIDERATIONS: The HiJpanie Affairs Advisory Committee had 4 terms expire on June
25, 2005 and 1 vacancy due to a resignation with the term expiring on June 25, 2007. This 9
member board identifies and evaluates problems unique to the Hispanic Community, reviews
and recommends ways to ensure open communication between the minorities and Collier County
Government and provides periodic reports to the Board of County Commissioners. Terms are 4
years. A list of the current membership is included in the backup.
The terms for Raymond Cabral, Susan Calkins, Cosme Perez and Teresa Marie Nelson expired
on June 25, 2005. Additionally, Sofia Pagan resigned on May 26, 2005. A press release was
issued and resumes were received from the following 6 interested citizens:
APPLICANT
CATEGORY
>>1ST ELECTOR AnV. COMM.
RaYDiond Cabral R.e-appolntment 3 Yes HiS"PlUlic Affairs Adv Bd
Renata F. Fernandez 3 Yes None
Maria C. Herrera-Rodriguez 3 Yes None
Anna J, RodriRUeZ 3 Yes None
Dario Scott NO None
Cosme Perez Re-aPPOlntm.ent S Yes HiS1)anic Affairs Ad" Bd
- COMMITTEE RECOMMENDATION: Raymond Cabral- exp June 25, 2009
Maria C. Herrera-Rodriguez - exp June 25, 2009
Anna 1. Rodriguez - exp June 25, 2009
Cosme Perez - exp June 25, 2009
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 5 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: JULY 16, 2005
.-
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
9B
Appointment of members to the Hispanic Affairs Advisory Board.
7/26/20059:00:00 AM
Agenda Item No. 98
July 26, 2005
Page 2 of 24
Prepared By
Date
Sue Filson
Board of County
Commissioners
Executive Manager to the BCC
BCC Office
7/1/20053:11:28 PM
Approved By
James V, Mudd
Board of County
Commissioners
County Manager
County Manager's Office
Date
7/14/20053:00 PM
Agenda Item No. 98
July 26, 2005
OFFICE OF THE COUNTY ATTORNE~page3of24
INTEROFFICE MEMORANDUM EcelVED
JUl 1 2 2005
Boerd of County Commlalloner.
TO:
Sue Filson, Executive Manager, Board of County Commissioners
Michael W. Pettit. Chief Assistant County Att~ vtl#'
July 12, 2005
FROM:
DATE:
RE:
Recommendation for Appointments to Hispanic Affairs Advisory Board (HAAB)
At the June 23, 2005 regular meeting of the HAAB, the Board voted 5-0 to recommend to
the Board of County Commissioners the following persons to fill current vacancies on the
HAAB:
1. Raymond Cabral
2. Maria C. Herrera-Rodriguez
3. Anna I. Rodriguez
4. Cosme Perez
Mr. Cabral and Mr. Perez served abbreviated terms on the HAAB from approximately
November 30, 2004 through June 25, 2005. Based upon the information provided in Mr.
Cabral's application and his previous appointment, Mr. Cabral appears to meet the criteria set
forth in Ordinance No. 91-37 (HAAB Ordinance) and Ordinance No. 01-55 (General Advisory.
Board Ordinance) for membership on the HAAB. Mr, Perez previously qualified for
appointment to the Board and I am unaware of any changes in his status that would make him
unqualified under the criteria of the applicable Ordinances.
Based upon the information provided by Maria C. Herrera-Rodriguez and Anna I.
Rodriguez in their applications, it also appears that they both meet the criteria for appointment to
the HAAB under Ordinance Nos. 91-37 and 01-55,
Mr. Dario Scott and Mr. Renato Fernandez also submitted applications for consideration
for HAAB membership. Based upon his application, Mr. Renato Fernandez appears to meet the
criteria set forth in Ordinance Nos. 91-37 and 01-55. Mr. Dario Scott is not a registered voter in
Collier County, however, and thus does not qualify under the criteria set forth in the applicable
Ordinances.
Please forward Mr. Renato Fernandez's application for HAAB membership to the Board
of County Commissioners as well as the other 4 people mentioned above for consideration for
appointment to the HAAB. Please let me know if you have any questions or concerns with the
information I have provided, Thanks for your assistance.
MWP/ntb
cc: David C, Weigel, County Attorney
Agenda Item No. 9B
July 26, 2005
Page 4 of 24
Hispanic Affairs Advisory Board
Name Work Phone Appt'd Exp. Date Term
Home Pirone Da1eRe-appt 2ndExpDate 2nd Term
Ms. Sofia Pagan 732-7800 11/14/00 06/25/03 2.5 Years
3051 Horizon Lane, # 1 ,~el ~ 417-5107 06/24/03 06/25/07 4 Years
Naples, FL 34109 (.tf,' '.1"
E-Mm~ So?
District: 2
Category:
Dr. James Alward Van Fleet 348-8162 11/30/04 06/25106 2 Years
184 Spring Lake Circle 348-8162
Naples, FL 34119
E-Mml: javant1eet@msn.com
District: 3
Category:
Mr. Ernest A. Labrador 353-7220 09/1 0/03 06/25/07 4 Years
14960 Collier Boulevard #2112 353-7220
,.,
Naples, FL 34119
E-Mail:
District: 5
Category:
Mr. David Correa 417-6340 06106/95 06125/98 3 Years
9120 Vanderbih Drive 06/11/02 06/25/06 4 Years
Naples, FL 34108
E-Mml:
District: 2
Category:
Mr. Manual Gonzalez 850-7097 11/30/04 06/25107 3 Years
1622 Tarpon Bay Drive, South #202 591-3934
Naples, FL 34119
E-Mail:
District: 3
Category:
Frid4y, December 17, l(Nj,I
PaBe 1 of J
Agenda Item No. 98
July 26,2005
Page 5 of 24
Hispanic Affairs Advisory Board
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ntlExpDote 2nd Term
Mr. Raymond Cabral 643-9482 11130/04
14767 Indigo Lakes Circle 348-n59
Naples, FL 34119
E-Mail: wynns827@msn.com
District: 3
Category:
Ms. Susan Calkins OS/22/01
740 High Pines Drive 434-8095
Naples, FL 34103
E-Mail:
Distrlct:4
Category:
Mr. Cosme E. perez 354-2700 11/30/04
160 12th Avenue, N.E. 455-7100
Naples, FL 34120
E-Mail: cosmeperez45@hotmaiI.com
District: 3
Category:
Ms. Teresa Marie Nelson n4-8875 01/14/03
1150 Reserve Way, Apt. 102 434-2969
Naples, FL 341 05 d.sr5t1"~L'
E-Mail: I ~ , -;;."". (p
District: 3 ~
Category: ~ v:f .
A"ver1fJ:~ll~e~
::Ju.~.e ->
------
------
------
Fridtzy, Dt!C8Iffbt!l' 17, 21JO.1
Page 2 of J
06/25105
7 Months ~
06125105
4 Years ./'
06125105
7 months .../'
06125/05
",,/'
3 Years
Agenda Item No. 98
July 26, 2005
Page 6 of 24
Hispanic Affairs Advisory Board
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe--appt 2ndExpDate 2nd Term
This 9 member committee was creeted by Ont. No. 91-37, ."ended by Ord. No. 91-78) to
identify and evaluate problems unique to the HitrpBnic community, review and recommend
ways to ensure open communication between minorities and Collier County government and
provide periodic reports to the Board of County Commiteloners. Tenn..... 4 yeers.
FL STAT
StIIff: Mike Pettit. Chief Assistant Attorney: n4-8400
FridDy, Dttcember 17, ZIHU
PflgeJofJ
MEMORANDUM
Agenda Item No. 98
July 26, 2005
Page 7 of 24
DATE:
June 1,2005
Elections Office ~/
Sue Filson, Executive Manager'W ·
Board of County Commissioners
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 know if those fisted below are
registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
HISPANIC AFFAIRS ADVISORY BOARD
COMMISSION DISTRICT
Cosme Perez
160 12th Avenue, NE
Naples, FL 34120
5
Thank you for your help.
f~ ~= .~,~, ~."~ ~\.,': L)
J!.:l;:, '''~...J
:.Ji~r.' i..l (~;)"I:rl' ~"':"I,:i:' :~\O":."
Agenda Item No. 96
July 26,2005
Page 8 of 24
MEMORANDUM
DATE: May 27, 2005
FROM:
TO: Elections Office
RE: Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for appointment
to one of the county's advisory committees. Please let me know if those listed below are
registered voters in Collier County.
Also, please list the conunission district in which each applicant resides.
mSPANIC AFFAIRS ADVISORY BOARD
Raymond Cabral
14767 Indigo Lakes Circle
Naples, FL 34119
COMMISSION DISTRICT
3
Renato F. Fernandez
790 1 Liecester Court
Naples, FL 34104
3
Maria C. Herrera-Rodriguez
4510 Coral Palms Lane #1
Naples, FL 34116
3
Anna I. Rodriguez
7771 Scarlet Court
Naples, FL 34104
3
NK-
Dario Scott
14715 Indigo Lakes Circle
Naples, FL 34119
Thank you for your help.
R~r'r:!\"""'D
,.......~ ,"'-'to....., . -,-
I'll_
I~ ~,,; n j ......~
..",,~,,; '" ~ ;;\.,.,;".;,:1
;, :nafO nr' C(l, '[\1 . .'~
.... ..~ \...Ojl1t"'lS110nt;r~'
MEMORANDUM
Agenda Item No. 98
July 26, 2005
Page 9 of 24
DATE:
June I, 2005
TO:
Michael Pettit, Chief AssistanwCo Attorney
Sue Filson, Executive Manag'd- / ,
Board of County Commissio .
Hispanic Affilirs Advisory Board
FROM:
RE:
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 an application
for consideration. I have attached the applications received for your review as follows:
Cosme Perez
160 12th Avenue, NE
Naples, FL 34120
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 swmnary for the Board's consideration.
Please categorize the applicants in areas of e:spertile. If you have any questions, please call me at
774-8097.
Thank you for your attention to this matter.
SF
Attachments
Page 1 of2
Agenda Item No. 98
July 26, 2005
Page 10 of 24
.- 1I1son_8
From: advisoryboards@colliergov.net
Sent: Sunday, May 29, 2005 7:42 AM
To: 1I15On_8
Subject: New On-line Advisory Board Application Submitted.
~~
Board of County Commissioners
3301 East Temieml Trail
Naples, FL 34112
Tel: (239) 774-3102
Fax: (239) 774-3102
Ctr-tl..'
.
. ~
. '~ " .- " ." ~ .f'
May 29, 2005
Application for Advisory Committees I Boards
Name: Cosme Perez Home Phone: 239-455-7100
Home Address: 160 12th Avenue NE
City: Naples Zip Code: 34120-3354
Fax Number: 239-354-1566 Business Phone: 239-354-2700
Emall Address:cosmeperez45@hotmail.com
Place of Employment: The Sun Land Group, 7270 NW 12th St.,
Miami, FL 33126
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: Hispanic Affairs Advisory Board
Category: (if applicable) Member
Do you currently hold public otnce? No
,)/112005
Do you now serve, or have you served on a Yes
Collier County board or committee?
If yes, please list the boards I committees:
Hispanic Affairs Advisory Board (for the County
Commission)
Please list your community activities:
1) Hispanic Committee for Golden Gate "Columbus Day
Parade" -3 years 2003-2004-2005 -President Organize the
participation of hispanics residing in Collier County for the
annual Columbus Day Parade in Golden Gate City. 2)
Dominican Cultural Club -Founding member and Advisor -
2003-2005 Participate and hep organize about 4 cultural
events sponsored by Dominican members of the
community. 3) Knights of Columbus: St. Elizabeth Seton
parrish Participate in different charity activities including
fairs, fundraisings and social events and gatherings of the
fraternity. 4) Southwest Florida Hispanic Chamber of
Commerce -member since 2003 5) Hispanic Affairs
Advisory Board -Member since 2004
Education:
Sociographer -Universidad Autonoma de Santo Domingo,
1966 Tax-Accountant -Columbia University, NY. 1973
(various workshops) Small Business Administration
(Courses, workshops and seminars given by Columbia
University, Miami-Dade Community College, US Small
Business Administration and other institutions)
Experience I Background:
1) Civic Actions Club -Founder and Director 1963 -
Dominincan Republic 2) PRO (Dominican Political Party)-
Chairman of the New York Subsidiary 1966-1973.
Organized various historical events. 3) Dominican-
American Round Table -Member since 1999. Participaed
in the efforts to open a lobbyist office in Washington, DC.
4) Author of a book written in Spanish about Robert's
Rules, published in 1999 (Orden Parlamentario Simple)
used by clubs and civic Spanish organizations. 5) Many
other volunteer activities to help people in distress.
6/112005
Page 2 of2
Agenda Item No. 98
July 26, 2005
Page 11 of 24
Page 1 of 1
Agenda Item No. 98
July 26, 2005
Page 12 of 24
-- fllson_s
From: PettitMlchael
Sent: Tuesday, May 31, 2005 8:16 AM
To: filson_s
Cc: weigeLd
Subject: FW: AppIcation to continue on HAAB
FYI - you may wish to allow the Bee to consider. Mike.
From: Cosme Perez [mallto:cosmeperez450hotJnail.com]
Sent: Sunday, May 29,20057:48 AM
To: PettltMlchael
Subject: RE: Application to continue on HAAS
Dear Mr. Pettit, I am submitting the application for the HAAB membership today, due that I had trouble with the
communication configuration. I hope that it is not too latel
Thank you for considering.
~ Cosme Perez.
-uuMAN0, POSl11VO,IDBALlSTA Y CREYENTB
.J!1/2005
MEMORANDUM
Agenda Item No. 98
July 26, 2005
Page 13 of 24
'\
DATE: May 27, 2005
TO:
FROM: Sue Filson, Executive
BowroofCountyCo~~
RE: Hispanic Affi1irs Advisory Bowro
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 coonnittee to submit an application
for consideration. I have attached the applications received for your review as follows:
Raymond Cabral
14767 Indigo Lakes Circle
Naples, FL 34119
Renato F. Fernandez
790 I Liecester Court
Naples, FL 34104
(
Maria C. Herrera-Rodriguez
4510 Coral Palms Lane #1
Naples, FL 34116
Anna I. Rodriguez
7771 Scarlet Court
Naples, FL 34104
Dario Scott
14715 Indigo Lakes Circle
Naples, FL 34119
Please let me know, in writing, the reconnnendation fur appointment of the advisory conunittee
within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration.
Please categorize the appUeants ia areas or "pemle. If you bave any questions, please call me at
774-8097.
Thank you for your attention to this matter.
"~
...
a~/25/2ae5 15:39
2399487707
COPVMAX
PAGE .81/e3
Agenda Item No. 96
July 26,2005
Page 14 of 24
Board of County Commissioners
3301 East TamIamJ TriO
Naples, lPL 34112
(239) 774-8Wr:: r E I\!r= D
Fax: (239) 774~ ;j/ J-
MAY :.1 0 2005
cation for Adviso..yaC~'~ri)Jttees7.Aoards
Name: Bome Phone: ~ .3tfF- ns,J
Home Address:N76? :7:itk#1J k,i:,J' ~ I VM'IItI._ q7JpCode: '~""I/,?
FuNo. Bu.in8lsPhone:8'.~ ,... 233Ye-maDaddress:tlt'JItA4r,,,,,"4J ",~,q.,
I'laceofJtmployeement: /l:;LtI~// ~." Ie,,.,.
Jloard or Committee AppHed for:
Ca.ry (ifapplicablo):
bamples Comm....a nllltrict, o.nIopcr, envlronllMlttllllllt, lay lMftOn. *'
Bow long bave yo1l1lved In ColHer County: Yean
Are you a recilt.ered voter In Collier County: Yes
Do you currently bold pubUc oft1ce? Yes
If to. what .. flIat omce'l
.:2.. MonUlI
~NO
~
No
No
~
Have you ever been convicted of any offense against the Law? Yes
Jfyea. _plahl:' ./"
0.,.. ......... or....,.. -_ .U:""""" eo.""...~ "J"m- r., f N.
If.,.. pl_llKth'l:OlRntl~1 "'~H; ~ ~~~ ~~JIJ _ /!Ant",.,; ~e.e.
Education: iJ..r. t'b~~/ kJ.l12~ ., t'f/fIA - /f,f~ltt Ifk",s.A~/?~
~ 7~~;~;,.~~; ,4.~..,~//
.
"",,*tIIIM:A .'V.ullJflul ~",.JIutlptlrfbullfl. 1IIupplbIItM ,_MItt N~" SN P71MNt, ~ M....,.,.,.,
tU liMN tl/CHIIIJI CtMI..IrW'''''t JJ'l BMt rtlMl/llTMlJ, NttpI4I, 1'L J.-l1l. 111M' tMJI, pIMIIc.t- JIMIr ~. tiI
(2I9)"U6':J fir ....n ,. .--~"_INd_ 7''':1fIII.If,,,.,,,,,1HIfrtK III - tit. dtJuM _le",1In CMIIOlo
85/25/2885 15:39
23994877e17
e
COPVMAX
PAGE 1l2/ e1a
Agenda Item ~o. es-
July 26, 2005
Page 15 of 24
RAYMOND CABRAL
14767 lDdigo Lakes Circle
Naples, Florida 34119
239-293-8571
~
SUMMA:Ry
Police Professional with over 20 years experience in police and community operations. Leader and
team player with strong planning and rDIlJJll8aDent skills in programs, policies BDd procedures.
Highly organized and goal oriented with attention to detail. Committed to community su.pport and
youth development; dedicated to the highest standards in professionalism and service.
QuALIFICATIONS
OPBRA11ONS &; PROGRAMS
. EXTERNAL COMMuNIcATIONS
- MAR1<.1n1NG &; FuNDRAIBlNG
. COMMUNITY & Ptn3t.TC RELATIONS
. EVENTS & PuBuc SPRAKING
. PoLICIES & PRocEDURES
. GoALs & OBJBCTlVES
. lNTERvmwJNO&lNvEsTlGATIONS
e
. PERsoNNEL R8cR.UlTMENT
. NECJOTtAl'IONS &; REsoLUTIONS
CRIMlNAL LAw
. B, E. 0.. PoLICIBS
. Youm MENTORlNG
- BtlHAVIORALALTERNATIVEs
. AFFIRMATIVE ACTION
. OU'rREACH PROGRAMS
EDUCA.TlON
MAsTI:R 01' PvBLlc ADMJNISTRA.TJON, MARIs! CoLLEGB ScHOOL OF MANAGEMENT
BACHELOR OF SCIENCE., CluMINAL lumCE. JOHN lAY COl.LEoB OF CRIMINAL JUSTICE
AssOCIATES OF APPLIED SCIENCE, JOHN JAY COLLBOB OP CRn.fiNAL JuSTICE
ADv ANCI.D TRAINING
High Intensity Drug Trqfficldng . Organiud Crl1M Control Bureau Training
Internal Investigations Training . Crlminal11fVeS1igat1ons Training
Methods ojlnst1'uction . p;ffective Presentation Skills
Counter Terrorism Training . Frauduknt IJocron.nt . Explosive Seminar
Search &; RBscue, 911 Operations
ClRTD'ICATES
E. E. 0., CORNELL UNlvERslTY
MBNroRlNG USA. NYC PoLICE DEPARTMENT
PROFESSIONAL AFFILIATIONS
AMERICAN SocIBTY FOR INDuSTRIAL SECURITY
AMERICAN ACADEMY FORPR.OFBSsIONAL LAw BNFoRCBMBNT
e
OS/25/2005 15:39
.
2399487707
CXPVMAX
PAGE 83/1113
Agenda Item ~o. 98
July 26, 2005
Page 16 of 24
..
~
RAYMOND CABBAL
239'193.8571
IU.sum
PqeZ
PROFESSIONAL HIsrORY
~
1983.2003 NswYORKPoUCBDBPARTMBNT, Now York. NY
MODULI. COMMANDER, ORGANJZBD CRlMB CoNTROL BUREAU, 2001-03
. Planned and participated in surveillance, undercover buy and bust including
counter terrorism undercover operations. .
TEAM SUPERVISOR, IN"I'HRNAL AFFAIRs DIVISION, 1999-01
. Lead team of detectives and sergeants in surveillan~ undercover operations,
wiretaps and pen registers.
LIEUTENANT I PLATOON COMMANDO, 41 Sf PREcNcT, 1998.99
. PerfOnned duties of patrol and precinct desk officers.
MODVU StJnRVISOR, ORGANImO Clu'MBCONTROL BUUAU, 1996-98
Supervised and developed cases against major dnag suppliers. .made quality
arrests and presented trial testimony.
SERGEANT IINvEsnGATOR., PATROL BOROU<;JH OF MANHArrAN NOR1li
INSPECTIONS UNITS, 1995-96
· Investigated and resolved complaints, conducted comprehensive audits,
prepared reports'offinding and corrective actions.
SERGUM', 24'11fPRBcJNcr, 1994-95
. Lead 20+ patrol police officers. maintained complete and accurate logs,
SERGEANT, 26'JH PRECJNCT, 1993-94-
. Lead patrol ofticers and maintained accurate Jogs.
D'ETECI1VE INV1tsTJGATO:R, CARBBR CRIMINAL APPRBRENSION UNrr, 1992-93
. Resolved '"coJd" case criminal and homicide investigations.
DETECI'lVE INvEsnGATOR, OFFICE OF EQuAL ElvIPLOYMBNT OPPORTUNITY,
INTERNALAPFAIRS, 1989-92
. Investigated and resolved sexual harassment and discrimination complaints.
INvEsTIGATOR, APPLICANI' PROCESSING DIVISICN INvBSnGATIONSt 1987-89
. Conducted ovm- 300 police candidate background investigations.
PATROLMAN, AuxnJARYCOORDINATOR, 2SmPREclNcT, 1984-87
. Supervised over 30 auxiliary officers.
PATROLMAN, NEJGHBORHOOD STABILIZAttoNU'Nrr#6, 1983-84
Performed duties of nc.ighborhooa patrol.
PROBATIONARY POLICE OFFICER, NRW YORK CITy POLICB ACADEMY t 983
.
-
e
e
Agenda Item No, 98
July 26, 2005
RECE!VED Page 17 of 24
Board of County Commissio~~~ ; (1,05 ~
330~~7~,T~~::;rail M,l\~ ...1 2f(i.l 1lt=-~\.,
(~9) 774-8097 ,r;, :?/I\ :',: '..,Jlml- (;Cln;,. .. -, ,
Fn. (239) 774-3602 ~'. .;l
". -. l: 'l' ?
" 1'1. ~ '
Application for Advisory CommitteeslBoards
Name: 7\.ENFI-r;; F Hf<rJA/'IbE Z. Home Phone: ~.3q. 353-d17/11
Home Address: 7 q 0 I 1./6 CE.s7ie. C:f: Zip Code: 3410 tI
Fax No. BusinessPhone:Z3q-35"3-i.-hQ e-mailaddress: FAustoRG~ ltOl.Col-'\
Business: 'K til e.G:i:::>
Board or Committee Applied for:J\{t \41s.fANlc. A~l2.. Ab~150t..f Co.hH ~E'
Category (if applicable):
Enmple: Commlulon District, Developer, eavlroa_ialllt.lay penon, etc.
Are you a registered voter in Collier County: Yes / No
Do you currently hold public office? Yes No y-
If so, what is that ofllee?
Do you now .erve, or have you ever .erved, on . Collier County board or committee? Yea
II yes, plea.e list the commltteeslboarda:
No V
PIeue 8tt11c#1 /lilY Udil<<ull hlff1l7lUllJolI YOll fed per1bwlt. TIlU fl/IPIJatIUm _/lid H fDl'Wtll'tled ItJ Sw FIlson, ExeCIltIve MIIIUIfU
to 1M BHTfI t1fc./IIfty Co-u.wun, 11Dl Eat T...-"u TrrIIJ, NIIpIa, FL 34112 If10ll wirit,p/MIseflayDMr IIpp/JaIIiDII to
(%19)774-36D2 or _1Iil to .rufl&oIlliiM!oIIi6FOP.llft TIt",.. Yf1IIfor ~ 1tJ,_ tU ciliuIIs ofColUu COlIIIty.
Page lof2
Agenda Item No. 98
July 26, 2005
Page 18 of 24
- fllson_s
...: advlsoryboardsGcolKergov.net
Sent: Friday, May 13, 2005 1:40 PM
To: fllson_s
Subject: New On-lne Advisory Board Application Subnitted.
~~~
Board of County CommiS8loners
3301 E.st T.miami Trail
N8ples, FL 34112
Tel: (231) 774-3802
Fax:(23.)77~802
Ct~I,,1
.
. "
, . f1
, .~ ". ".. I l "/
May 13, 2005
Application for Advisory Committee. I Boards
Name: Maria C. Herrera-Rodriguez Home Phone: 239-353-9146
Home Address: 4510 Coral Palms Ln #1
-9
City: Naples Zip Code: 34116
Fax Number: No information provided. Busines. Phone: 239-377-1276
Email AcId.....:chava2_1999@yahoo.com
Place of Employment: District School Board Of Collier County/Barron
Collier High School
How long have you lived In Collier County? More than 15 years
Have you ever been convicted of any offen.e again.t the law? No
Are you a regl.tered voter In Collier County? Yes
Board I Committee Applied for: The Hispanic Affairs Advisory Committee
Category: (if applicable) No information provided.
. Do you currently hold public otrIce? No
I 13/2005
Page 2 of2
Agenda Item No. 98
July 26,2005
Page 19 of 24
e
Do you now serve, or have you served on a
Collier County board or committee?
No
Please list your community activities:
Director of Local Hispanic Youth Group. Sunday School
teacher After school proram for children with disabilities.
Columbietes (Knights of Columbus)
Education:
Graduate from Barron Collier High Attending Edison
Community College I Registered Nursing Major
-
Experience I Background:
My Family has lived in Naples for over 35yrs. I am a proud
Mexican-American woman. I have personally worked
within the migrant camps of Collier helping to alleviate the
monetary & emotional poverty. I am currently the director
of the Hispanic youth ministry program at San Pedro
Mission located at St. Peter's Catholic Church. My entire
family believes in service to the community. I work at
Barron Collier High school. I work with Handicap children.
I see a real need for assistants for Hispanic families with
children with disabilities. I hope you consider me for the
position. Thank you.
e
5/13/2005
12/e1/2eS4 15:51 239-643-4342
SERVI CENTRO LATIN:!
Agenda IterKM 96'1/82
July 26, 2005
Page 2~ of 24
"
Board of County Commissioners
33011tut T__ Trail
N...., Ii'L 3411'1
(Z''> 7'....8097
Pac (239) 714-3601
RECEIVED
DEe 0 1 2004
Board of County Com.issloners
Application for Advisory CommitteeslBoards
NDlC; AAJA 2 'l?o~t)D ~ IIoBIePlaoue: ~S~/9'S
IlealeAddnIt: -,...,.., ) ~.I!!l..& l~ + ~+ _COde: 34fJ 09
I'a No. ('lJ3--Ll3f.P. ............:"")1 I.J-t-"Y3DO CHDIiI"drfa~ltI~ -n?etJr-}J,~k ;')1(."
Pla'eof~t:-;l),,,,J'\ (:.. L..J,"".) 4,.,nt.s.;.. d~~J.J -v;; !}IaJ;JlY
.......Crm~t~~!.or:nn. ALl t"J},
H~I~ H-M/l1I'.U t:1S#~J(Y ~1lJ:t
Cateael')' (ifapplkable):
III _, I {:II L 1 . ~DiIIIII:td,Dn.'''''__lr J 1 r 1.111......-
Bow lueJaaft YM h:d... Collier Coaty: Van I 'f
Are J'OU . reaiItered ~.. Collier C~ V~.s
,
Do ,._ aD J ~ Ii... pIIbIi~ ofJIee'P V. No
JI'... wDt II iIIII& ....,
M..... C.
No
a/'
Have you IN" beea eoavided of .,ofreue ....... tile t.wT
Y. No
If,.., ......:
Do JW'" ..... er.... JW............ 01&. c.... oo..a,"" w~, Y. V IfG
-
'?lF~~~;;;1 lmfAB - L )/ kt ~
-
~~;i;~-:--...jt-.
(ndr 5 """!M" e
- ~...J~d.o LJS.1>O~ ~ tJ1lR 1Ju1'na"'n ~~~kl;"CS 1As k~r<<
~6U ~n?fP't "'t('"M..k,n'j ~.....k brDuJ>
_ p)~ spcn,",C, C'hd"Y'n ~r-o'" IJ m.-!f2C!A.,.
~Cioa:&~1dh~a) ~~ ~~j ~
:'Z nt':J <." t..tJ fiT"Y1 ~ n J ,.
12/81/28B4 15:51 239-643-4342
SERVI CENTRO LATINO
Agenda Ite~. 9~2/82
July 26, 2005
Page 21 of 24
/
--:;: bel,~ +hq+ ~ Ih~~i(. ~;12.S Advl6Ofl.'1-
-- "Boa ",d. ~P" ds ~ LJ nd.er~JaUd- i.fb () w u
- ~rLcl.n~<<.. lhe'1 ")!~c..~CJJS tJTU ~
-- ')uf~cls tJ-t j-k {OM M"'''''... ~ A~ ')tb-J- D n
=--~Nl.D"Y\iq t. I~S"C$ Luff!.. ~"e.rWl.r>l.t u.J1-fL ~t
:!~:-\- ~!~r~th':~ J-..~k~L;J'ff"J:" Ir~
.............:w~llIf.:w:...-..c-r,..,.. ,.",,;-1:; __L .MIM...Jt-..4Il~.""" II' ~N II w"
..1Ji1MiIff/c..tI'W . r ......1 ~_.,...",.,,.,.,,~n.J4Ju. Jf,......,...JM~.....rr V'-"
~71U.'tIr""""-'--'=> T....----- ,...."...,JiIr,..n ..jj......~.~4If~~
.
, .
;
Page 1 of2
Agenda Item No. 9B
July 26. 2005
Page 22 of 24
"--1Ison_8
From: advisoryboatds@collergov.net
Sent: Friday, May 27, 2005 2:07 PM
To: filson_s
Subject: New On-line Advisory Board Application SubrTitted.
~~~
Board of County Commissioners
3301 East Tamlaml Trail
Naples, FL 34112
Tel: (239) 174-3802
Fax: (239) 714-3602
.~. ~t~' ',.' ,0.1
. 1
'~ '" '. ~ J ~ ',.
May 27, 2005
Application for Advisory Committees I Boards
Name: Dario Scott Home Phone: 239-430-9493
Home Address: 14715 Indigo Lakes Circle
City: naples Zip Code: 34119
Fax Number: No information provided. Business Phone: 239-275-2402
Email Address:dario.scott@corporate.ge.com
Place of Employment: General Electric
How long have you lived In Collier County? 1-2 years
Have you ever been convicted of any oIIense against the law? No
Are you a registered voter in Collier County? No
Board I Committee Applied for: Hispanic Affairs Advisory Committee
Category: (if applicable) No information provided.
Do you currently hold public otrlce? No
.1/27/2005
Page 2 of2
Agenda Item No. 98
July 26, 2005
Page 23 of 24
Do you now serv., or have you ..-vec:l on a No
CoIIi.r County board or committee?
Pl.... nst your community activities:
Metropolitan Goals to Grow - New Orleans, Louisiana
Optimist Soccer Club - Naples
Education:
Bachelor's in Computer Information Sciences
Experi.nce I Background:
Information Technology Project Leader for Lockheed
Martin for 9 years and for General Electric for 6 years
5/27/2005
Page lof2
Agenda Item No. 98
July 26, 2005
Page 24 of 24
- tlson_s
From: filson_s
Sent: Thursday. June 02.200512:47 PM
To: 'Scott. Dalio (Corporate)'
Subject: RE: Hispanic Affairs AdvIsory Board
Well. you'll need to go to the Elections Office at 3301 E. Tamiami Trail and register and bring me a copy of your registration,
There are several other places you can register but I'm not sure where they are; you can call the Elections Office and ask them at
774-8450. I need to have proof of your registration before I put it on the Bee agenda which will be sometime in June.
Sue :FiCson
'Executive ~anaeer, ~CC
(239) 774-8097 pftone
(239) 774-8865 fax
suefilson@colliergov.net
----Original Message----
From: Scott, Dario (Corporate) [mallto:Darlo.ScottOcorporate.ge.com]
Sent: Thursday, June 02, 2005 12:24 PM
To: fllson_s
Cc: PettitMichael
Subject: RE: HiSpanic Affairs Advisory Board
,-,"-
Sue.
I understand. I will do my best to take care of this within the next two weeks. Can you provide any direction...any
way/place to expedite it?
Thanks.
Dario Scott
----OrIginal Message-----
From: ftlson_s [malltD:SueFlIsonOcolllergov.net]
Sent: Wednesday, June 01, 2005 3:44 PM
To: Scott, Dario (Corporate)
Cc: PettitMlchael
Subject: Hispanic Affairs Advisory Board
Dario, on your application you indicate that you are not a registered voter In Collier County. One of the prerequisites
for becoming a member of one of our many committees Is that you are a Coller County registered voter (Ordinance
No. 2001-55). Please advise If you would Ike to register to vote prior to a decision being made on the appointments;
otherwise. your name win not be considered for appointment
Thank you.
Sue :FUson
'Executive ~ana8er, 1lCC
(239) 774-8097 pftone
(239) 774-8865 fax
suefilson@colliergov.net
,/13/2005
EXECUTIVE .suMMARy
Agenda Item No. 9C
July 26,2005
Page 1 of 13
AP~()~()PMeMBaR(S) TO nm.PUBJ:.,ICVEmCLEADVlSORYCc;)~TTEf,
OBJECTIVE: To appoint 3 members to the Public Vehicle Advisory Committee as follows:
. Affiliated Member to serve 4-year term expiring on September 2, 2009
. Non-Affiliated Member to serve 4-year term, commencing September 3, 2005 and
expiring on September 2, 2009
. AL TERNA 1"13 - non-affiliated to fulfill remainder of vacant term, expiring on September
2,2008
CONSIDERATIONS: The Public Vehicle Advisory Committee has 2 tenns expiring on
September 2, 2005 and 1 vacancy with the term expiring on September 2, 2008. This 5 member
plus 1 alternate member consists of at least 2 members and not more than 3 members that must
be holders of Certificates to Operate a motor vehicle for hire company in Collier County and at 2
members and not more than 3 members who are in no way affiliated or associated with the
vehicle for hire business. They review and approve applications for a Certificate to Operate,
taxicab color schemes pursuant to ordinance, and reviews and make recommendations to the
Public Vehicle Board (BCC) regarding issues related to the motor vehicle for hire business and
regarding alleged violations of Ordinance 95-66. Terms are 4 years. A list of the current
membership is included in the backup.
Mr. Allen B. Walburn's term will expire on September 2, 2005; the Alternate position was
declared vacant by the BCC on June 28, 2005, and the 3rd vacancy was due to a death. A press
release was issued and resumes were received from the following 4 interested citizens:
APPUCANT
CATEGORY
!!In ELECTOR ADV. COMM.
ReI! Buxton Non-Affiliated Member 3 Yes Citizens Corps
Richard Schmidt Non-Affiliated Member S Yes None
Dale Schultheis Affiliated Member 1 Yes None
Ron J. Gill Does Not Meet Criteria 3 Yes None
COMMITTEE RECOMMENDATION: Quasi-Judicial- no recommendation
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMP ACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the requests 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: JULY 26, 2005
.--
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
9C
Appointment of members to the Public Vehicle Advisory Committee.
7/26/20059:00:00 AM
Agenda Item No. 9C
July 26. 2005
Page 2 of 1 3
Prepared By
Sue Filson
Board of County
Commissioners
Date
7/1/20053:11:28 PM
Executive Manager to the BCC
BCC Office
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
7/14/200512:00 PM
County Manager's Office
Agenda Item No. 9C
July 26, 2005
Page 3 of 13
(i) Memorandum
To: Sue Filson, Executive Manager sec
From: Michelle Arnold, Code Enforcement DINCtor
Date: Monday, July 12, 2005
Subject Public Vehicle Advisory Committee
I am in receipt of your memo dated Juty 11, 2005 in which you requested review of
applications submitted by citizens interested in serving on the PVAC. The resumes for the
applicants listed below were reviewed and meet the Public Vehicle Advisory Committee
qualifications in Ordinance 2001-75 Sec. 142-30, general classification requirements in the
following categories:
NAME
CATEGORY
Ron J. Gill
Dale Schultheis
Richard Schmidt
Reg Buxton
Not qualified
Affiliated Member
Non-Affiliated Member
Non-Affiliated Member
Please be advised that there are currently 3 vacancies on the committee, one of which is an
alternate position. In accordance with Ordinance 2001-75, the 5 member PVAC shall consist
of at least 2 but no more than 3 affiliated members. Affiliated members are defined as
certificated holder, onty. We currentty have 2 members on the committee that are certificate
holders (affiliated) for the industry. Of the applicants received, onty one candidate is a
certificate holder. The other candidate, Mr. Gill, although affiliated with the industry, is not a
certifICate holder. The Board of County Commissioners may appoint one additional affiliated
member to the committee.
Should you require additional input please feel free to contact me at 403-2413.
Code Enforoement Department
Public Vehicle Advisory Committee
Agenda Item No. 9C
July 26, 2005
Page 4 of 13
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Russell Berghuis 03/23/04
6202 Shadowood Circle 417-5118 09/21/04
Naples, FL 34112
E-Mail:
District: 1
Category: Non-Affiliated bt V (
l' f 6.( a \~
Mr. Richard David Pickett e(1 ~ ' 417-8511 11/16/04
3025 48th Terrace, S.W. '0.fo.1"V 732-7194
Naples, FL 34116
E-Mail: tazmaniac621@earthlink.net
District: 3
Category: AL TERNA TE - Non-Affiliated
,,~
Mr. Tony Marino 593-5S67 03/23/04
729 Regency Reserve Circle, #5503 353-7036 09/21/04
Naples, FL 34119
E-Mail:
District: 3
Ctdegory: Affiliated
Mr. Randall R. Smith
9120 The Lane
Naples, FL 34109
E-Mail: rsmith@nttdestination.com
District: 2
Category: Affiliated
Mr. Micbael L. Mende~et~t5
390 Ortega Lane t-t,,'3
Naples, FL 34145
E-MaU: katmikmen@comcast.nct
District: 1
Category: Affiliated
262-1914 03/23/04
513-0501 09/21/04
~1113 03/23/04
842-6893
,.,. -. ..
W~,N~l7.:J1HU
PtIfI61 of 2
09/02104
09/02108
09/02/08
09/02/04
09/02108
09/02/04
09/02/08
09/02105
6 months
4 Years
4 Years
6 months
4 Years
6 months
4 Years
1.6 Yrs
~
Agenda Item No. 9C
July 26, 2005
Page 5 of 13
,---
Public Vehicle Advisory Committee
Name
WOI'/c Phone Appt'd Exp. Date Term
Home Phone DaleRNlppt 2ndExpDate 2nd Term
Mr. Allen B. Walburn
925 8th Avenue South
Naples, FL 34102
E-Mail: awaIbuml@Comcast.net
District: 4
CtItegory: Non-Affiliated
11113/01
263-8833 03123/04
09/02104
09/02105
3 Years
1.6 Yrs /'
This 5 member and 1 aItI!trn8tIt member WlIS CI'8IIted by Ord. No. 86-4. re eltabUshed by Ord,
91-93, amended by Ord. 93-15 and Ord. 95-68 to review and approve appIicBtions for a
Certificate to Operate, taxicab calor lChemea pursuant to ordinance. and review and make
recommendations to the Public Vehicle Board (Bee) regarding i88ues related to the motor
vehicle for hire bust.... and regarding alleged vioIaItons of Ord. 91-93. Membership consists
of no more than 3 members who hold Certific8tea to Operate a motor vehicle for hire company
in Collier County and no fewer th8n 2 and the rwn8inder of the members are in no WBft affiliated
or associated with any hoJder c:A a certificaI8.
On 12/11101 Ord. No. 2001-75 amending Ont. 95-66, Sec. 142-30 (b) slates: The PVAC shall
consist eX five members ;nI one lIItem8te member. Not .... than two nor more than three
r.. members shaH be holders r::A certificates of public convenience and necelllty to oper8le a
motor vehicle for hire buIineee and not less than two nor more than three memb.. shall be
individuals who are in no WIlY affiliated or ..8OCi8ted with any holder of a certificate of public
convenience and MCnllly.
Terms are 4 years.
FLSTAT
StiIjf: Michelle AmoId, Code Enforcement Director: 403-2413
''',.., "'~,,'..
Wminl!8thq, NOVt!ItIbeT 17, 2(J(U
~~'I;.:i'..""
PtIgr 2 0/2
MEMORANDUM
Agenda Item No. 9C
July 26, 2005
Page 6 of 13
TO: Elections Office
RECE1VEO
JUL 1 3 2005
DATE: July 11, 2005
,
FROM: Sue Filson, Executive Manager
Board of County Commissione
Board of County eomrnlAlon..
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 Jet me know if those 1isted below are
registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
PVAC
COMMISSION DISTRICT
Reg Buxton
11806 Quail Village Way
Naples, FL 34119
3
:5
Richard Schmidt
2786 Orange Grove Trail
Naples, FL 34120
Dale Schultheis
6100 Adkins Avenue
Naples, FL 34112
/
3
Ron J. Gill
5009 31- Avenue, S. W.
Naples, FL 34116
Thank you for your help.
MEMORANDUM
Agenda Item No. 9C
July 26,2005
Page 7 of 13
DATE: July 11, 2005
TO: Michene Arnold, Code Enforc or
FROM: Sue Filson, Executive Manager
Board of County Commissio
RE: PVAC
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 an app1ication
for consideration. I have attached the applications received for your review as fonows:
Reg Buxton
11806 Quail Village Way
Naples, FL 34119
Richard Schmidt
2786 Orange GTove Trail
Naples, FL 34120
Dale Schultheis
6100 Adkins Av enue
Naples, FL 34112
Ron J. Gill
5009 31- Avenue, S.W.
Naples, FL 34116
Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve
as members on the board, and I will prepare an executive summary for the Board's consideration.
Pleale eategorize the appUeanu 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
Board of County commissionersq \~~
3301 East Tamiaml Trail
Naples, FL 34112
(941) 774-8091:) CCE1Ve
Fax: (941) 774-36cJ2'-
JUL0821m
Agenda Item No. 9C
July 26, 2005
Page 8 of 13
Bc8d ofCcullreo...mIIlI~ -
Application for Advisory Committees/Boards
Name: /? c 3 13 u x+o IV
HomeAddress: //~t?6" 9~",.1 C////As'<S'WA!/
I . /
Fax No~/) ..,/ ~ ~ .18 Business Phone~1t7-0~ eKJ S"" /
Business: A./0'1:;-4 /l/4~/~ f JOV9,4htf /
Board or Committee Applied for: /'" 6 /-c V 6"" /..-c: ~
Category (ifapplicable): ~ rC::~ .e $' <:.""'
Example: Commlalon Dlltriet, Developer. envlronmentalllt, .ay perIOn. ete.
Home Phone:.2l9 ~ S-/ y 2 3 71
ZipCocle: ?~//1
e-manaddress: A( Aev 11;/ II At?/'CeJ 1?1
~~d"'.,.r./
/
Are you a registered voter in Collier County: Yes -I:-' No
Do you currently bold public omee? Yes No -4---'
If so, wbat Is that omee?
Do you now serve, or bave you ever served, on a Collier COUllty board or committee? Y.~ No
If yes, please nst the commltteeslb9ards:
C/ r-/Z~~ Co'i
Please list your communi activities (civic clubs, neighborhood associations, ete. and positions
beld: -t c7'O
V.c. ./' rt.
o.,t::"
Education: 8' /7'
,?1 /3 /::7
,v~fI"/"';rr,l, rv
,.,"'" Am..,
~<=I "7
$"
CAe.,; trf cr F" A/ //,r"..",,{ ~ c:;:Je.v"",.r -? f /? f f c;; ('
/
PII8U GtilcIt .If,)' tllltlJdilllllliIr/"nrutIitJ" ytI" /HI 1M"""'. TIIb ..,pIkttth_ ,,.,,,,11I ". 1t,"..,,,,/ft 10 Sw FU-. &.crIihtt Mol"..,., '0 lite
6..rd "IC"""" C__brIM-. 3301 Eat rad.",1 Trd, NfIII/a, FL J4111. Ifytlll wWl,plawflaytHU 1IpplleatJII" III (HI) 774-361J2 .,
II_U 10 s"IlfIb"..ahWUn'It",.,,/IL 77I4Id YfIIII,,' POIII",."",. 10 s.",. 11I11 cltIua "ICoIo., C",,1fO'.
Page 1 of2
Agenda Item No. 9C
July 26, 2005
Page 9 of 13
fllson s
.m:-
<
advisoryboards@collergov.net
Sent: Friday, July 01.20059:45 PM
To: filson_s
Subject: New On-Ane Advisory Board Application Subnitted.
~~t10
Board of County Commissioners
3301 East Tamiami TraH
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239) 774-3602
f(~~l..,
.
:~ ,~
- ,
'. . .;;t'
~... : 4 / ~ ,.
July 01, 2005
Application for Advisory Committees I Boards
Name: Richard Schmidt Home Phone: 239-354-3490
Home Address: 2786 Orange Grove Trail
e
City: Naples Zip Code: 34120
(~
Fax Number: No information provided, Business Phone: No information provided.
Emall Address:rschmidt1956@earthlink.net
Place of Employment: Retired
How long have you lived in Collier County? 1-2 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Ves
Board I Committee Applied for: Public Vehicle Advisory Committee
Category: (if applicable) Citizen At-Large
e Do you currently hold public office? No
7/5/2005
~
~
.
,( 5/2005
Page 2 of2
Agenda Item No, 9C
July 26, 2005
Page 10 of 13
Do you now serve, or have you served on a
Collier County board or committee?
No
Please list your community activities:
Fin Accountability Committee, Grand Parkway Bapt.
Church, Houston, TX Institute of Mgt Accountants,
Houston Chapter, Houston, TX (R. McDonald House
Sponsor) American Council of Higher Ed, Military Ed Eval
Team, Washington, DC Institute of Mgt Accountants,
Board of Dir, Hampton Rds Chapter, VA CDR(Ret),
Engineering Officer, USNR Deacon, Deep Creek Bapt.
Church,Chesapeake,VA
Education:
PhD, Bus Admin, Santa Clara University MBA, University
of Utah BS Chem Eng, University of Utah
Experience I Background:
Econ Eval Eng, Dow Chemical Co, Mid Develop Mgr,
Kaiser Alum. & Chem. Co. Dir of Fin and Admin, ARC
Professor of Accounting, 8 universities Dean, School of
Business, 4 universities
filson_s
.m:
advisoryboards@colliergov.net
Sent: Thursday, June 30, 2005 11:54 AM
To: fllson_s
Subject: New On-line Advisory Board Application SubrTitted.
~
Board of County Commissioners
3301 East Tamlaml Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239)774-3602
June 30, 2005
Application for Advisory Committees I Boards
Name: Dale Schultheis Home Phone: 239-793-0727
Home Address: 6100 Adkins Ave
e
City: Naples Zip Code: 34112
Page lof2
Agenda Item No. 9C
July 26, 2005
Page 11 of 13
"
t
f(~1
. ~.
.
. I')
. ~
~ .'
. . ...
.. 0'
.~ '" t' 4, ~ ,.'
Fax Number: 239-659-0808 Business Phone: 239-659-0800
Emall Address:sunpaccapt@cs.com
Place of Employment: Yellow Cab
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: PVAC
Category: (if applicable) Affiliated Member
e
Do you currently hold public office? No
6/30/2005
Page 2 of2
Agenda Item No. 9C
July 26, 2005
Page 12 of 13
~
Do you now serve, or have you served on a
Collier County board or committee?
No
Please list your community activities:
Member of "Neighbors of Sunset Estates" Adopt-A-Road
Clean Up Crew Table Sponsor for the Kwanis Casino
Nights Prize Donor for the Kwanis Casino Nights
Education:
3 Years College
Experience I Background:
Owner/General Manager of Yellow Cab of Naples since
117/04 Previous Owner/Operator of 7 taxis licensed to
Checker Cab (1/2002-1/2004) Former
Commercial/Airline/Corporate Pilot (1978-2003) 10+ Years
experience as an Air Traffic Controller USAF Veteran
Eagle Scout
--
-
./30/2005
Ma~ 16 05 09~32a
. . --... ...-.. ~... ......... ........,P"
DODI GILL
a..o.&&I.r ,""oun1:o=:f
239-354-2750 p.1
~~l!:I--I7.-886S Agenda It4lf"l1l . 9C
July 2~ 005
Page 1f f 13
I
e
e
Board of CODDty CODllDiuioaen
DOl Eate T__ Trail
N.....n. 'If. 12
(239) 774-1O!17
Par. (D)) 17.w<<m
, ,~9
"'"'\ ~~
.0'\c,,\ b
.<(;.. .,.. 't~ to
. ~. ~ _~6
'. ~ ~ "~ ~I{~-
. :~,':' ~(P
.. ~<:i I
,,\ CF
~~~~ Applic::atiOD for Advisory CommitteeslBoards j
N...;:;KcN -r:?'; \ ( Bome ..O~ ~. 3~ - ~ 7~P-l l
Ho_eAddress: 6rY)q "3\s't f\;-u-e..~L0 ,zip Code: aLl I \~ II
F.. No...m-..BSfJ -;n~~ PfIoan .;;J.3:1-;JV/-/i- :J 4 ....u alldnu: G :tlri:D1.5Q.~ 0 t. <!f'r'
JIIacoofEa....,..ut:..3\A \.l;CV)r~ ('C,v1~ ~ mv- H;~Y;r-o+z L It'V\~. I
Board orC....... AppIW lor:~V A C \
=~~~~=~~~~~.-..&
U.W Je.."'". 1011lind i. Collier c... YHI'I--&L- M.....
Are"........,t~nbri.c._C...tr: Ya V Ne
Do,... cau..~ .... p'" oftIee1 Ya
Ir.. ....Is tW.meet
No V
U....e yo. n'er'" eo1Ivictal or.., ..... ...baIt the ~ Yes No
u ........ s....
a'i1 t<.\2.~..K ",.o~to,...e4'-'ft)0f\ <tOVlltJ'~f7 IV 0+ C>~ o.....f:oN _ /'
.-,....., ..--..,.-.........._.C......~....ar--...~ v. Ill. V-
If,............,... _I 10..........16:
.c.".J,.O~41i;-f/,J'Y-' I
i
o
i~~~1~~~~~~J.
()l.. ~$ ~ 1> l
E.....lin: I-I;~J...: ~~I ~J.--n, ~4 y.J,.,,-y'\r c;/lLW/..JJ~^:h, lJ 'j,JtA1'L. I
('I4~' .., . .
. . I
~~~~~ ~I
""........, """'_.""-'~,../MI""'" ,...., ~IIwtIMN~.s..,."... ....,.~_
"" --.J-rc:-., C.._'-rr -.lnl..",.,.., 1MIt~ 1'1. WI2. Ih. .""".~,.,.. ......"nl.
PIl~NIZ"""". ----.....~ -.-. _ 'J'll.rllJift./f1tr-J. ""....""",..,...,CMIIwcw.o>.
e.
EXECtJTlVEstJMMARv
Agenda Item No. 9D
July 2E), 2005
Page 1 of 10
~:P()~OFME~ER.(S) TO TIlEHEALT:FlFAGILITIES.AUTl:I()RrrY
OBJECTIVE: To appoint 1 member to serve a 4-year term, expiring on July 26, 2009 to the
Health Facilities Authority.
CONSIDERATIONS: The Health Facilities Authority has I vacancy. This S-member
authority was established by the Board of County Commissioners on November 20, 1979, by
Ordinance No. 79-95 in accordance with Chapter 154 of the Florida Statutes. The purpose of the
Authority is to assist health facilities in the acquisition, construction, financing and refinancing
of projects in any corporated or unincorporated area within the geographical limits of Co llier
County. Terms are 4 years. A list of the current membership is included in the backup.
A press release was issued and 1 resume was received from the following interested citizen:
APPLICANT
I Lany H. Ray
CATEGORY
INCH Healthcare System
D1ST ELECfOR AnV. COMM.
~None
COMMITTEE RECOMMENDATION: No recommendation
F1SCALIMPAcr: NONE
GROWTH MANAGEMENT IMPACT: NONE
,"'-'.
\
RECOMMENDATION: That the Board of County Commissioners consider the request for
appointment, appoint 1 member, and direct the County Attorney to prepare a resolution
confirming the appointment.
Prepared By: Sue Filson, Executive Manager
Board of County Commissioners
Agenda Date: JULY 26, 2005
",'---'
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
90
Appointment of member to the Health Facilities Authority.
7/26/20059:00:00 AM
Agenda Item No. 90
July 26, 2005
Page 2 of 10
Prepared By
Date
Sue Filson
Board of County
Commissioners
Executive Manager to the BCC
BCC Office
7/1/2005 3:11 :28 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
County Manager's Office
Date
7/14/200512:29 PM
Page 1 of I
Agenda Item No, 9D
July 26, 2005
Page 3 of 10
filson_s
From: Donald Pickworth [picklaw@earthlink.net]
Sent: Thursday, July 14,20059:16 AM
To: filson_s
Subject: Re: Health Faciities Authority
We had to cancel the meeting for lack of quorum, but I've talked to one member about this and his opinion is that there is no
problem. We both thought the others would feel the same way. so go ahead and put this through. Mr. Ray is very well qualified,
and he should make a very valuable member of the authority.
Dooald A. Pickworth
Donald A. Pickworth, P,A.
5150 Tamiami Trail N.
Suite 502
Naples, Florida 34103
PH: (239) 263-8060
FAX: (239) 598-1161
picldaw@earthlink.net
- Original Message -
From: fjlson s
To: picklaw@earthlink.net
Sent: Thursday, July 14,20058:56 AM
Subject: Health Facilities Authority
Hi Don.
Do you have the results of the HFA meeting (recommendation or not for appointment)?
Thanks.
Sue jiCson
'Executive :M.anaBer, 'Bee
(239) 774-8097 'phone
(239) 774-8865 fax
suefilson@colliergov,net
7/14/2005
Agenda Item No. 9D
July 26, 2005
Page 4 of 10
--
Health Facilities Authority
Na~ Work Phone Appt'd Expo Date Term
Home Phone Date1U-oppt 2ndExpDate 2nd Term
Mr. N. Rex Ashley 281-7200 03/27/01 03/27105 4 Years
1029 Westlake Boulevard 213-0254 05/1 0/05 03/27109 4 Years
Naples, FL 34103
E-Mail:
District: 4
Category:
Mr. George C. Mohlke, Jr. 282-1410 03/27/01 03/27/05 4 Years
1400 Pompei Lane, Unit 45 282-1410 05/10/05 03/27/09 4 Years
Naples, FL 34103
E-MaU: framoh@aol.com
Distrid: 4
Category:
Dr. Joan Colfer n4-8210 04/11/00 06115102 2 Years
3301 E. Tamiami Trail 04/22/03 04/22107 4 Years
'--".
Naples, FL 34112
E-Mail:
District:
Category: Health Dept. Director
Ms. Maria Cecilia Ferrao 834-9410 05/10/05 05/1 0/09 4 Years
2305 Island Cove Circle 591-4037
Naples, FL 34109
E-Mail: maria.ferrao@comcast.net
Distrld:
Category:
/1-,):) -() 3
,..,- .
Wedn."y, May 11, 1(J(J5
Pagel 0/1
Agenda Item No. 90
July 26, 2005
Page 5 of 10
.--
Health Facilities Authority
Name
Work Phone Appt'd Exp. Date Term
Home Phone DaJeRe-appt 2ndExpDate 2nd Term
This 5 member authority was crested on November 20, 1979, by Ordinance No. 79-95 In
accordance with Chapter 154 of the Florida statutes. The purpose of the authority is to assist
health facilities in the acql.isition, construction. financing and refinancing of projects in any
corporated or ..,incorponlted area within the Q809Iaphicallimits of Collier County.
Qualifications: County Resident, 18 yesl'B of age, Tenns are 4 years.
FL STAT Chapter ]54
Staff: Donald A. Pickworth, Attorney: 263-8060
Wednesiltq, May 11, 2(JOS
Page2of2
Agenda Item No. 90
July 26, 2005
Page 6 of 10
MEMORANDUM
DATE: April 15, 2005
FROM: Sue Filson, Executive Manager
Board of County Commissione
TO: Elections Office
RE: Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for appointment
to one of the county's advisory committees. Please let me know if those listed below are
registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
HEALTH FACILITIES AUTHORITY
COMMISSION DISTRICT
Larry H. Ray
2089 Mission Drive
Naples, FL 34109
vi
Thank you for your help.
RECE\VED
APR 1 9 2005
i~)ard of County CommlssionBrlI
MEMORANDUM
Agenda Item No. 90
July 26,2005
Page 7 of 10
\.
DATE:
April 15, 2005
Attorney Don Pickworth ~
Sue Filson, Executive Manager
Board of County Commissio ,
TO:
FROM:
RE:
Health Facilities Authority
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:
Larry H. Ray
2089 Mission Drive
Naples, FL 34109
Please let me know, in writing, the recommendation for appointment of the advisory conunittee
within the 41 day time-frame (May 30th), and I will prepare an executive summary for the Board's
consideration. Please eategorize 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
Application for Health Facilities Authority
Page 1 of2
Agenda Item No. 9D
July 26, 2005
Page 8 of 10
-filson_-
A:
Ray, Larry [Iarry.rayOnchmd,orgl
Sent: Monday, March 28,2005 2:21 PM
To: ftlson_s
Subject: Application for He811h Faeln.. Authority
Please see appHcatlon below and attached resume.
Board of County CommissioDen 3301 Eat Tamiami TraD Naples, FL 34112 (239)
774-8097 Fu: (239) 774-3602
AJlPlication for Advisory CommitteesIBoards
~: Larry B. Ray Home PhoDe: _(239)592..0839_
Ime Addrea:_2089 MinioD Drive, Naples, PI Zip Code:_34109
& B NOo_(239}436-SOS3 _ Butineu PhoDe:(239)436-5344 e-mail addresl:_lray54@comutt.aet
Place of Employeemeot:_NCB Bealthcare System
Board or Committee Applied for:_BealtIl FacUities Authority
Category (if applicable):_N/A
Eumple: Commission District, Developer, eoviroDmenUlist, Jay perIOD, ete.
Bow 10DI have you lived iD CoUier Co.ty: Yean_14 MODtIu _0
Are you a registered voter in CoUier County: Yes_X No
Do you curreDdy hold pu..ie oft..ce? Yes No_X
H 10, what is that office?
Have you ever beeD cODvicted of any offense apiDlt the Law' Yes No_X
If yet, ex"":
Do you DOW serve, or have you ever served, OD a CoOier CoUDty board or committee? Yes _X_ No
If yes, please list tbe committeellboards:_CoUier County Privatization Task Force _1993,_Citizeu
Adrilory
_Committee to the Collier County MPO _Prue.t
Please list your community activities (civic dabs, neilbborbood uaoeiatioDIt ete. and pOlitiODl
held: _JuDior_Acbievement_oCSoathwut_Florida,_Board_Member
_e__SOutbwut-Florida-Bealtb-PlanDiDL CouD~Board_Member
Nortb_Naplu_Rotary _ Oab,_P.ICPrelideDt
.l8/200S
Application for Health Facilities Authority
Page 2 of2
Agenda Item No. 9D
July 26, 2005
Page 9 of 10
:.atiOD:_See_Resume.
EIperieDce:_See_Resume.
I
"
_ <<NSUm_mpo.doc>>
:.. ..q.'(
'.'
1_T
Top 5%
in the Nation for
Overall Clinical Excellence
NCH
-.......- --....
.,...
.~'\
ProglflSsiv. M<<iici1Hl. Grocious (ore
--
CONFIDENTIALITY NOTICE
This message and any included attachments
are from NCH Hea1thcare Systems and are intended
only for the addressee. The information
contained in this message is confidential and
may constitute inside or non-public infonnation
under international, federal, or state
securities laws. Unauthorized forwarding,
printing. copying. distribution, or use of such
infonnation is strictly prohibited and may be
unlawful. If you are not the addressee, please
promptly delete this message and notify the
sender of the delivery error bye-mail or you
may call NCB's corporate offices in Naples
Florida, U.S.A at (+1) (239)436-5000.
e
3/28/2005
Agenda Item No, 9D
July 26, 2005
Page 10 of 10
-
LUlRY H. RAY
2089 MisIIo" Drl~e
Naples, Fl 34109
WORK EXPERIENCE
. 13 yean ma..gelDeDt esperie.ee .. U.ited States Army Oflieer. VariouI
jobs at .U levels of ....ageme.t ..d ltaft. ArDIy .viator for 20 yean.
Servecl2 tOlln ID Viet Na. ..d Ipe.t 11 yean iD GermaDY.
. After retire.e.t from miUtary, worked 4 yean .. Systems Analylt .Dd
Projeet Ma..,er for a software developlDeDt company I. Europe.
Developed softw.re that is .tiR i. llse by the Army la Europe to traek
penoD.el aDd equipmeDt wheD deployiDl to .reas lueb .. tbe Middle
E.st .Dd the Balkanl.
. Retumed to the UDitecI States and JolBecI ltaff at N.ples CommuDity
Hospital .1 . SYltem. Analyst. PIaDDed a.d Impleme.ted sevenl key
infonaatio. sy.tems inellldml bllma. relDurees, payroll, m.terials
..Dlleme.t, ..d the time .piagl)'ltem.
-.
. Preaelltly serve.. tbe Vice PresideDt for F.eilities .t tile NCB Bealtbeare
System. KespoRlible for ....Iemeat of 300 plul statr, eapital projedl in
euesl of 510 milHo. per year, .Dd .D opentia, budlet of 520 milHoD per
year. Key .ccomplishments lB.de completioD oftlae Shiek Open Beart
CeDter, apaDlloD ofObstetrie Servlea to the Nonh Collier Bo.pital, .Dd
the completioD of tbe MIlftO IIIaDd Healtheare CeDter BlIlldial.
Cllrrently "'Daaing the Nortb Coiner Hospital ExpaDlioD, a 550 milDo.
project .Dd tbe Med Plaza n project, a 511 m.il6on project.
EDUCATION
. BSBA in AeeollDtiag, Univenity of Missouri, 1965
. MBA, W....inpo. UDivenity in St. LoIIII, 1973
COMMUNITY INVOLVEMENT
. Board Member, Health PIa.nl.1 Cou.ell of Southwest Florida, 2000 .
Present
. Board Member, JUDior AelaievemeDt of Southwest Florida, 2001 . 2004
. Leadenbip ColDer Cia.. of 2004
. Naples Nonb Rotary Club, 1992 - Present
. ColDer County Privatization Committee, 1993
.
Agenda Item No. 9E
July 26, 2005
Page 1 of 3
(i) Memorandum
To: Jim Mudd, County Manager
From: Commissioner Jim Coletta, County Commissioner, District 5
Date: July 15, 2005
Subject:
Request for the scheduling of an Agenda Item on the July 26, 2005 BCC agenda
under Item 9, Board of County Commissioners, to request that the Collier County
Board of County Commissioners approve the opening of the 2005 Cycle I
Growth Management Plan Amendments to allow MGD Capital Corporation to
submit as a special submittal a GMP Amendment to amend the Future Land Use
Element of the CoUler County Growth Management Plan and in doing so allow
for MOG Capital to eventually apply for the needed amendments to the First
Assembly of God PUD to the correct many of the existing and unresolved Impact
Fee, Site Development Plan, and Code Enforcement issues associated with the
existing project.
....--
MDG Capital Corporation has been negotiating with Pastor Mallory, the owner and developer of
the First Assembly of God development located on Collier Boulevard, north of Rattlesnake-
Hammock Road, to assume control of a major portion of the development. As this board is
aware, the Church has been fulfilling a tremendous need regarding the clinical and social needs
of the less fortunate individuals and families within our County. Over the past two years Pastor
Mallory had been working with the staff to resolve and work through many Issues involving
required corrections and modifications to the existing Site Development Plan and the
associated deficiencies and errors In payments of assessed Impact fees. Unfortunately, the
scope of the needed changes and modifications far exceed the mission's financial means. The
zoning modifications that MGO Capital will eventually be seeking will resolve all of the existing
deficiencies and will not adversely affect the basic mission of the Church.
William L. Klohn, President, MDG Capital Corporation and I have had numerous discussions
with Joe Schmitt, Administrator, Community Development and Environmental Services Division,
and his staff and they feel that the proposed changes will improve significantly the project and
resolve many of the ongoing code and site plan issues and as a result prove to be a welcomed
public benefit.
It is my understanding that MOO intends to delete the 120 travel trailer units (TTRVC) and
convert these units and other uses currently approved in the PUD to affordable, workforce and
,---.
Agenda Item No. 9E
market rate multi-family housing. In that the LDC does not provide a mechanism for suctlu~a~~'f~n
conversion and that the GMP limits the density in the area (the urban fringe) to 1.5 units per
acre, MGD will need to initiate a change to the comprehensive plan, to essentially allow them to
convert the existing density and intensity authorized in the current PUD to what they assess to
be an equal density.
I have been in discussions with Mr. Schmitt and he and his staff are in support of making the
needed adjustments to allow for the applicant to submit the required GMP amendment out of
cycle to make the required changes to the Future Land Use Map and Future Land Use Element
to eventually allow for the applicant to eventually petition the Board for the supporting changes
to the PUD. I am asking for the Board to consider approving my recommendation to open the
2005 Cycle I Growth Management Plan Amendments to allow for the special submittal of a
GMP Amendment to amend the Future Land Use Element of the Collier County Growth
Management Plan and in doing so allow for MOO Capital to eventually apply for the needed
amendments to the First Assembly of God PUD to the correct many of the existing and
unresolved Impact Fee, Site Development Plan, and Code Enforcement issues associated with
the existing project.
The Board's approval of this request to allow the special submittal of this GMP amendment in
no way assures that the applicant will receive the needed approvals during the required GMP
transmittal and adoption hearings and likewise does not assure that the board will approved the
subsequent amendments to the First Assembly of God PUD.
.,--.
Item Number
Item Summary
Meeting Date
Approved By
James V. Mudd
Board of County
Commissioners
Agenda Item No. 9E
July 26. 2005
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
9E
Request Collier County Board of Commissioners approve the opening of the 2005 Cycle I
Growth Management Plan Amendments. (Commissioner Coletta)
7/26/20059:00:00 AM
County Manager
Date
County Manager's Office
7/14/200511 :55 AM
Agenda Item No. 9F
July 26, 2005
Page 1 of 3
brock_m
-- From: muddj
Sent: Friday, July 15, 20059:03 AM
'To: brock_m
Subject: FW: Haldeman house dilemma
Mary-Jo,
Add this to para 9. Comm Fiala.
Thanks, Jim
--original Message--
From: ftala_d
sent: Frfday, July 15, 2005 8:28 AM
To: Don Craig
Cc: mudd.J
SUbject: RE: Haldeman house dilemma
Mr. Craig:
I am working on this immediately. I have forwarded to Jim Mudd, County Manager for inclusion on the July 26th agenda.
Thank you.
Sincerely,
,ponn. tFuJA
./"*"'
.>nna Fiala
Commissioner, District 1
(E-mail- d.9rln~fii;lla@colliergov.n~t
Phone - 239-774-8097
Fax - 239-774-3602)
From: Don Craig [malltD:friendsofthemuseum@yahoo.com]
Sent: Thursday, July 14, 2005 5:15 PM
To: nala_d
SUbject: Haldeman house dilemma
Dear Commissioner Fiala,
As you probably know, the oldest house in Naples, the Haldeman house has been sold, and is in danger of
being demolished. While there is considerable talk about saving it, most of the proposed plans cannot be
accomplished within the time limits emposed by the developer and City ordinances, or require unrealistic amounts
of money to be raised within a very short period of time.
Built in 1886, the Haldeman house is a valuable historic artifact that should be described more accurately as the
""FO\Ulder's house". I cannot imagine the City of Naples allowing its' destruction, but that's what is going to happen
unless action is taken very soon.
"......Both the Combs family (Haldeman heirs) and the developer have expressed a willingness to give the structure to
/1512005
Agenda Item No. 9F
the Museum ifwe can find a place for it. The Museum site at the County Government complex wo~~~~
refuge of last resort should all of the other plans fail by the deadline. Alternately but more ideally, a si~<<t6t1igl
~aples Depot might also serve if the Southwest Heritage group could be convinced to "donate" a building site.
fbe Friends have approximately half of the building's moving costs pledged at the moment with several potential
donors watching the situation. It may be possible to get participation from the City, the Naples Historical Society,
and other interested parties to restore the building should we be able to add it to the County's inventory of historical
properties.
With the recent addition of the Naples Depot to the County Museum System, this kind of project comes ata
difficult time. None the less, this is the purpose of the Museum, to accept and preserve artifacts that are significant
to our local history. This is probably one of the most significant artifacts ever offered to our museum. The deadline
for destruction is September 1st.
, The urgency of this situation requires us to have a plan in place as soon as possible. Can you assist us in getting
our request to accept the gift of the Haldeman house on the July 26th BCC agenda?
Sincerely,
Donald F. Craig
President
Friends of the Collier County Museum
Do You Yahoo!?
Tired ofspam? Yahoo! Mail has the best spam protection around
http://mai1.yahoo.com
,,-
.,,--.
,/1512005
Item Number
Item Summary
Meeting Date
Approved By
James V. Mudd
Board of County
Commissioners
Agenda Item No, 9F
July 26. 2005
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
9F
Discussion regarding The Haldeman House. (Commissioner Coletta and Commissioner
Fiala)
7126120059:00:00 AM
County Manager
Date
County Manager's Office
71151200512:32 PM
Agenda Item No. 9G
July 26, 2005
Page 1 of 12
brock_m
,~
From: ColettaJim
Sent: Friday, July 15,200510:03 AM
To: rnudd~; SheffieldMichael; stone_w; wight_d
Cc: weigeLd; brock_rn; bodinejudi; CoyleFred; fiala_d; HalasFrank; hennin{Lt
Subject: FW: Mayor Barnett's letter re FEMA
Attachments: City of Naples Letter.pdf
Dear Jim Mudd:
In reading the attached letter from Naples Mayor Barnett, I must admit that his logic of why the City
will not join with the County in a law suit against FEMA makes sense. I, for one, would like to see
the Commission reconsider our previous direction to the County Attorney. Would you be so kind as to
enter this on the next BCC agenda under item #9 for further discussion?
Jim Coletta
County Commissioner, District 5
~-
---
7/15/2005
. ..
:i
Agenda Item No. gc;::r: c.,
July 26, 2005
Page 2 of 12
~~~
RECEIVED
JULI ~2005
Boen:l ofCounly~
BILL BARNETT
MAYOR
.July 13, 2005
Honorable Fred W. Coyle
Chair, Collier County Board of Commissioners
3301 East Tamiami Trail
Naples, FL 34112
.-.;~~-~.:~~=;:--'-----'-~
RE: FEMA.APpeal~~.c_t.COllrt '__.. ~<:
Dear Cha~~',,,,, "!. .__... ..r
After seven:frdi~cusifor;s-~i~h \e City Man"ger and City Attorney, I
have determin" that the City s~ould not Joth in the appeal to the U.S.
o ~ f
District Court, c:4:f. the FEMA det Ination t. blish new maps.
This de .
prospec
work with
Enclosed Is a copy of a memo e these
issues. The City Manager and City Attorney have been in contact with
a FEMA attorney prior to completing the research. Since there is a
provision in the federal law that provides for FEMA to work with local
governments for improved data and mapping, and since FEMA officials
have assured the City that they would do so, the need to challe~ge the
maps in the form of this appeal is diminished. We realize that ~ will
have these maps for the time being, but based on the fact that there is
a statutory provision for a 5-year review, these maps are not set in
stone.
The decision not to join in as a party to this appeal should not be taken
as an indication of disagreement with the County's position on the
735 EIGHTH STREET SOUTH. NAPLES, FLORIDA 34102.6796
TELEPHONE (239) 213-1000 FAX (239) 213-1010 CElL (239) 450-0045
EMAIL: MayorNaples@aol.com HOME FAX (239) 417-5883
Agenda Item No. 9G
July 26, 2005
Page 3 of 12
Honorable Fred W. Coyle
July 13,2005
Page 2
merits, since the opposite is true. We will provide assistance as may
be needed in the future in order to obtain better maps based upon
better data.
We wouldUke to express our appreciation to the County for its
diligence and hard work (along with our City Staff) over the years on
this project.
Sincerely,
~ (fJ,)
Bill Barnett
Mayor
Ene. Memo from City Attorney
Cc: Naples City Council Members
City Manager, Dr. Robert E. Lee
City Attorney, Robert D. Pritt
Collier County Commissioners
Collier County Manager, James Mudd
\
";
\~&YANDRESS 1\
Agenda Item No. 9G
~!l26, 2005
850 PARK SHORE ~!:le 4 of 12
TRIANON CENTRE. THIRD FLOOR
NAPLES, FL 34103
239.649.2714 DIRECf
239.649.6200 MAIN
239.261.3659 FAX
rpritt@ralaw.com
"
A LEGAL PROFESSIONAL ASSOCIATION
MEMORANDUM
To:
Ron. Bill Barnett, Mayor
Dr. Robert E. Lee, City Manager
FROM:
Robert D. Pritt ~\)~
DATE:
July 13, 2005
RE:
FEMA-Appeal to U.S. District Court
CLIENT
MATTER:
016763
0145
I have completed research of the legal issues concerning the potential appeal of the
decision by the administrator of the Federal Emergency Management Agency (FEMA) to publish
the new Flood Insurance Rate Maps (FIRM).
BACKGROUND
By way of background, Collier County timely filed an administrative appeal of the
proposed maps. This appeal triggered a mandatory process Iwhereby the agency and the county
would attempt to resolve differences via negotiation and consideration by FEMA of any
scientifically-backed information coming from the local governments. (See City Attorney memo
of June 6, 2005.)
In general, the basis for an appeal is "possession of knowledge or information indicating
that the elevations proposed by FEMA are scientifically or technically incorrect".2 The appellant
must supply supporting data.
If a community (does not specify city or county) appeals the proposed flood elevation
determination, the Administrator must review and take fully into account any technical or
scientific data submitted by the community that tends to negate or contradict the information
upon which the proposed determination is based. This must be done by consultation with
officials of the local government; or by administrative hearings; or by submission of the
conflicting data to an independent scientific body or appropriate Federal agency for advice.3
1 See 44 CFR Part 66 & Part 67
2 44 CFR Sec. 67.6
3 44 CFR Sec. 67.8
Cl..EVELAND TOLEDO A1<RON COLUMBUS CINCINNATI W ASHJNGTON, D.C. T AUAHASSEE FoRT MYERS NA.l'I.E
475643.1.016763.0145
I
www.ralaw.com
\
Agenda Item No. 9G
July 26, 2005
Page 5 of 12
MEMORANDUM
(PAGE 2 OF 6)
After working for several years on new technical data being generated and compiled by
Tomasello Consulting Engineers, Inc., the local governments were not able to provide the
information necessary to convince the agency that the agency's proposed maps were incorrect.
Although some data appears to have been sent, the local government's expert has not actually
and formally delivered all of the data. The file shows that the parties agreed that the local
government information would be provided by a deadline for submittal, for which there were
extensions, but the fInal deadline of March 31, 2005 was not met. (Note: The reason for not
meeting the deadline is probably irrelevant to the appeal except to the extent that an argument
can be made that the determination not to further extend the deadline was arbitrary.)
The Administrator's Notice of Final Determination4 (final flood elevation determination)
was issued on or about May 17, 2005. An appellant aggrieved by the fInal determination may
appeal the determination to the U.S. District Court for the District within which the community
is located within 60 days after receipt of the notice of determination, 5 The 60 day period lapses
on July 15 (at the earliest).
The County has determined that it will file an appeal seeking a stay (and/or seek
injunctive relief) in District Court, It has requested that the City join as a party. In telephone
conversations with the Assistant County Attorney, the County Attorney's office has indicated
that it will carry the bulk of the load of the appeal, but would like to have the City attorney and
City staff available to participate in proceedings as needed.
ANAL YSIS
In weighing whether to recommend that the City join as a party, the following
considerations seem to be relevant:
1. Does the City have standing to challenge the Administrator's determination?
Short Answer: Yes.
In order to maintain an appeal the City must have been "an appellant aggrieved" by the
determination. The history of the appeal shows that the County technically was the Appellant,
not the City. This is undoubtedly why the Notice afFinal Determination went to the County, not
the City. We can expect, in a court case, for the City's standing to be challenged. If the
community does not appeal the decision administratively, it loses its right to challenge the
decision in court.6 In this case, however, the appeal letter of December 24, 2001 states: "The
only municipality participating in this appeal is the City of Naples." Thus it is plain that the
County's administrative appeal was on behalf of the City also. The City staff has participated
throughout the administrative process without challenge from FEMA. While there may have
444 CFR Sec. 67.11
544 CFR Sec. 67.12
6 See, e,g., Normandy Pointe Assocs. v. FEMA, 105 F. Supp2d 822 (S.D. Ohio 2000)
475643.1.016763.0145
"
Agenda Item No. 9G
July 26, 2005
Page 6 of 12
MEMORANDUM
(PAGE 3 OF 6)
been a problem (albeit, surmountable) should the City have acted alone in an appeal to District
Court, with the County participating in the appeal, there is a consistency of position and the
Court is likely to consider that the City has standing as an appellant at the District Court leve17.
2, What is the likelihood of success on the merits of the appeal?
Short Answer: Unlikely.
The most important consideration for deciding whether to file a lawsuit is an evaluation
of its merits,
a. Good Faith.
Claims (especially those in federal courts) must not be presented for any improper
purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of
litigation, and they must be warranted by existing law or nonfrivolous argument for the
extension, modification, or reversal of existing law or establishment of new law. 8
I have reviewed the County Attorneys' pleadings and revisions and do not think that there
is any violation of the rule. This case is an authorized appeal and it is not clear at this time
whether Rilles of Civil Procedure or the Rules of Appellate Procedure would apply. It may
depend upon whether the case is filed in terms of an appeal with a request for a stay (which I
think is the correct way) or an action for declaratory and injunctive relief.
b. Scope of Review
More troubling is the scope of review contained in federallaw.9 The court must review
the whole record before it. It shall compel agency action unlawfully withheld or unreasonably
delayed. It shall set aside agency action found to be arbitrary, capricious, an abuse of discretion,
or not in accordance with law; unconstitutional; in excess of statutory authority; without
observance of procedure; unsupported by substantial evidence where reviewed on the record;
unwarranted by facts (if in trial de novo),
While the foregoing standards do not appear to be difficult to overcome, they in fact
place a fairly heavy burden upon anybody challenging the agency action and there is a long
series of case law so indicating, under Chapter 5 of Title 7.
7 This case is factually similar to City of Brunswick, Georgia v. U.s., 849 F .2d 501 (11th Cir. 1988), cert. den. 489
U.S. 1053, 109 S.Ct. 1313 (1989), in which the City had authorized the County to prosecute the administrative
appeal. The City failed to timely file the appeal. The District Court found that it lacked jurisdiction because the city
had not appealed to court within the 60 day period. The appellate case was decided on other grounds.
8 See Rule 10. F.Re.p.
9 The Flood elevation appeal statute, 42 D.S.C. 4l04(g) provides that the scope of review by the court shall be as
provided by chapter 7 of Title 5. That chapter is the regular, or default scope of review provision for appeals from
most of the federal agencies.
I
475643.1.016763.0145
'.
Agenda Item No. 98
July 26, 2005
Page 7 of 12
MEMORANDUM
(PAGE 4 OF 6)
1). In a Leon County, Florida case,1O the District Court determined that
the Court's review is not a de novo review. This means that the court will only look at the record
adduced during the administrative appeal rather than taking new evidence at the trial. This
weakens the current case, since the submissions (at least the most important ones) were
apparently not put into the record in time. This will make it difficult to get past the threshold (no
evidence in record) and to the merits. The extent of data actually submitted in time to be in the
record may be critical, but is unknown to me at this time.
2). Where the data is technical and based upon scientific information, the
Courts will not substitute their judgment for that of the agency. 11
In light of the threshold issue (lack of data in the "record") and the presumption of
correctness of agency's technical determination, it is unlikely that the appeal will be successful.
3. What happens if the City does not appeal or join in the County's appeal?
Short Answer: The City and FEMA can still work on improving maps for the
future.
a. What the Law says:
1), If the appeal is not filed within the 60 day appeal period, the County
and the City lose the right to appeal the new flood maps (see above). The FEMA decision
becomes final. This does not prohibit any property owner or the County or City from filing for a
map amendment to show that a particular property is not in the flood plain or should be
reclassified. .
2). Once during each 5-year period, or more often as the Director
determines necessary, the Director shall assess the need to revise and update all floodplain areas,
etc, based upon an analysis of all natural hazards affecting flood risks. The Director must revise
and update any areas if the Director determines it necessary or upon request from any State or
local government stating that specific floodplain areas or flood-risk zones need revision or
updating, if sufficient technical data justifying the request is submitted and the unit of
government agrees to provide up to 50% of the cost. 12
b. What FEMA has said:
In meetings with the City and County staff and with the City Council, the FEMA regional
manager has indicated a willingness to continue to work with the local governments in reviewing
data to be submitted by the governments. Whether this would be put into writing and/or
10 Falls Chase Special Taxing District v. Director, FEMA, 580 F.Supp. 967 (N.D. Fla. 1983).
11 See generally, 5 U.S.C. Sec. 706 (scope of review) and 320 pages of annotations.
1242 U.S.C. Sec. 4101 (e) & (f)
475643.1.016763.0145
i,
Agenda Item No. 9G
July 26, 2005
Page 8 of 12
MEMORANDUM
(PAGE 5 OF 6)
approved by the agency Administrator, or done so prior to the running of the appeal time, is
doubtful. However, the law (above) seems to make it mandatory, if the local governments are
willing to ante up their portion. The level of willingness to work with the local governments
may diminish while litigation is pending. The Department of Justice (DOJ) will be in control of
the litigation and it has the resources necessary to fight hard and long.
In a telephone conversation with a FEMA attorney, the City manager and I were advised
that while the 5-year requirement in the law has not been met previously, Congress has now
provided significant funds ($1 billion) under the Map Modernization program, and it is more
likely that the maps will be updated with better and more current data on a tighter schedule. This
means that the governments and the public will not have to live with inaccurate maps as long.
Of course, it also has the possibility of placing more property into the floodplain or flood-risk
category sooner.
c, What the County might do,
If the County files in District Court and the City does not file or join in the appeal, the
County has no LEGAL responsibility to watch out for the City's interests. If the City deems it
important to be in the appeal mode and deems it critical to watch out for its interests, it should
join in the appeal. Beyond that, it is a political (i.e., policy) determination.
4. What happens if the City authorizes the County to file the appeal?
Short Answer: County should take the lead, but with the City as a named party
appellant and with pleadings, etc. signed/approved by City's legal counsel.
The City has to determine whether it is comfortable in having the County represent it or
whether it wishes to have the City Attorney represent the City. This is a consideration that
includes cost. There is every reason to believe that the City and the County will continue their
cooperation. However, if the City wishes to maintain its own identity it should have its own
counsel. I think the County Attorneys' office would also be more comfortable having the City
Attorney and City staff involved so as to avoid issues of conflicting representation and assume
that those considerations are the basis for the request that the City attorney and administrative
staff remain involved.
CONCLUSION
Based upon a purely legal analysis, I am not confident that the local governments can get
past the difficult threshold issues outlined above or that there will be any success in the appeal.
Whether FEMA or DOJ would agree to a settlement is anybody's guess, but it is doubtful,
especially where the case might be decided on summary judgment (because of untimeliness of
the data). If there is a reasonable shot at working with FEMA on future mapping, then the failure
to appeal does not have the draconian effect that missing an appeal deadline often has. There is
still the opportunity (eventually) to have better maps based upon better data.
475643.1.016763.0145
'.
Agenda Item No. 9G
July 26, 2005
Page 9 of 12
MEMORANDUM
(PAGE 6 OF 6)
For those reasons, and from a legal, not policy, point of view, I recommend not filing or
joining in an aPReal. Again, there may be overriding non-law based reasons for joining in or
filing an appeal. 3
RDP
cc: Naples City Council
13 This opinion is based only upon facts known to the undersigned and described herein. If the facts are incorrect,
or if they change, the opinion is subject to change. This opinion is not intended to be used by any person in any
legal proceeding for any purpose.
475643.1.016763.0145
~~ANDRESS II
Agenda Item No. 9G
July 26, 2005
850PARKSHORE'D~ 10 of 12
TRIANON CENTRE - THIRD FLOOR
NAPLES, FL 34103
239.649.2714 DIRECT
239.649.6200 MAIN
239.261.3659 FAX
'.
A LEGAL PROFESSIONAL ASSOCIATION
MEMORANDUM
FROM:
Mayor Bill Barnett & Naples City Council
Dr. Robert E. Lee, City Manager
Robert D. Pritt, City Attorney R~ p
To:
DATE:
June 6, 2005
RE:
FEMA Appeals
I have reviewed Bob Devlin's file and other available records and have conducted
research concerning the dispute with the Federal Emergency Management Agency (FEMA) over
the proposed new Flood Insurance Rate Maps (FIRM).
There are actually two appeal processes. The first is within the agency itself. It appears
that the County (with the City of Naples participating) has filed the appeal within the agency at
least by December 2001.
This triggers a process of working with and within the agency, to resolve differences.
This is the process that has been occurring for several years.
Under this process the agency has the option of:
1. consulting with the local governments to resolve the issues,
2. holding an administrative hearing, or
3, submitting conflicting data to an independent scientific body or appropriate federal
agency for review.
The option used so far in this case is the first. It appears to be ending without agreement.
The agency administrator must issue a written notice of the :final flood elevation
determination for a community, publish it in the Federal Register and send copies to the CEO, all
individual appellants and the State Coordinating Agency,
That notification was recently issued by FEMA (dated May 17, 2005) with a November
final publication date. This means that the Maps will go into effect in November, 2005, unless
FEMA can be prevailed upon to extend the date again.
CLEVEI..AND TOLEDO AKRON COLUMBUS CINCINNATI WASHINGTON, D.C. TAI.l.AHA$EE FoRT MYERS NAPLES
www.ralaw.com
Agenda Item No. 98
July 26, 2005
Page 11 of 12
MEMORANDUM
(PAGE 2 OF 2)
The second appeal is from the :final determination by the agency. It is taken to the u.s.
District Court withiD. which the community is located. It must be filed within 60 days after
receipt of the Notice of Determination from the agency (the notice dated May 17). The district
court does not have jurisdiction to entertain an appeal unless and until. the agency makes the final
determination. Likewise, the agency loses its jurisdiction to make a determination or change a
determination when the appeal is taken to court.
There is no prohibition against the agency and the local governments settling a case when
it is in the district court, but if no settlement is made, the court will eventually determine whether
the agency's determination is substantially justified. It is an appeal, so it is unlikely that new
evidence would be allowed.
In a case in the late 80' s the city of Brunswick, GA challenged a determination by FEMA
on several bases. That case was settled (in most part) by a stipulation allowing the dispute to be
resolved by an arbitration panel of experts. It is unknown whether FEMA would allow a similar
stipulation or other settlement of the case, but it is not without precedent.
Recommendations:
1. Within the Agency:
a. Continue to try to get FEMA to extend the deadline.
b. Suggest that FEMA avail itself .and the communities of one of the other
options within the agency (administrative hearing or independent scientific
body)
2. In district court:
If relief is not provided by the agency as outlined in 1. above, timely file the
appeal with district court (i.e., by Monday, July 18, preferably by Friday July 15).
(NOTE: ASSUMING THE CITY COUNCIL WISHES TO CONTINUE TO
CHALLENGE THE FEMA PROPOSED MAPS WITH AN APPEAL IT IS CRITICAL TO
FILE IT WITInN THE 60 DAY PERIOD.)
Note: The County Attorney's office is preparing a memo on this topic also. Ifrcceived in time,
we will include it in the Council packet or Supplement.
RDP/dk
472962.2.016763.0001
Item Number
Item Summary
Meeti n9 Date
Approved By
James V. Mudd
Board of County
Commissioners
Agenda Item No. 9G
July 26, 2005
Page 12 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
9G
Discussion regarding FEMA Floodplain Mapping Project. (Commissioner Coletta)
7/26/20059:0000 AM
County Manager
Date
County Manager's Office
7/15/200511 :27 AM
PJJowdo/~~ ~~ ~~
3301 East Tamiami Trail · Naples, Florida 34112 - 49n
(239) n4-8097 . Fax (239) n4-3602
Agenda Item No. 9H
JU~ti)
RlClM!D COUNTY MANAGER OFFICE
Donna Filj,la
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
July 15, 2005
JUL 1 5 2005
ACTION
FILE
The Honorable Fred Coyle
Collier County Board of County Commissioners
3301 Tamiami Trail East
Naples, FL 34112
SUBJECf: Administrative Efficiency and Effectiveness Study Workshop
Dear Chairman Coyle:
,--
I am writing to you as the County Commission's liaison to the Productivity Committee. Several months ago the
Collier County Productivity Conunittee, made up of volunteers, undertook a review of the efficiency and
effectiveness of the Human Resource, Finance, and Information Technology functions of the following
stakeholders: Board of County Commissioners, Clerk of Courts, Property Appraiser, Tax Collector, Supervisor of
Elections, Sheriff's Office, School Board, and Fire Departments. Their review included:
. The policies currently in place in each organization, their differences and implications for tl}e future,
. The information systems and standard .procedures in use and their effectiveness,
. The staffmg in each of these functions and their productivity, and
. The unique reporting and performanc~ measurement requirements of each organization.
During this process three teams were formed to review each of the above functional areas. The teams were
comprised of employees from each organization and a Productivity Committee member.
The tearn reviews are still in process, with anticipated completion in early November. The Productivity
Committee would like to present their final findings and recommendations to the Board of County Commissioners
and stakeholders listed above during a future workshop. Accordingly, I ask for your personal participation in a
joint workshop with the Productivity Committee to not only hear their recommendations, but also discuss them,
make decisions on them, or ask the three teains to do additional fact finding and analysis. We have tentatively
scheduled the workshop for Wednesday, November 9,2005, from 9:00 a.m. to 1 :00 p.m. in the Board of County
Commission chambers.
At the 26 July Board of County Commission meeting, I will ask that you direct that this workshop be conducted
and that I be allowed to send invitation letters on the Board's behalf to stakeholders in this effort.
rank Halas, Vice Chairman
Conunissioner, District 2
c: trlr,CIIlIn1T~
Winona Stone, Productivity Committee Liaison
Item Number
Item Summary
Meeting Date
Approved By
James V. Mudd
Board of County
Commissioners
Agenda Item No. 9H
July 26, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
9H
Discussion regarding the Operational Efficiency and Effectiveness Study Workshop
tentatively scheduled for November 9, 2005. (Commissioner Halas)
7/26/2005900:00 AM
County Manager
Date
County Manager's Office
7/15/20053:14 PM
Agenda Item No, 10A
July 26, 2005
Page 1 of9
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution authorizing the borrowing of an amount not to
exceed $40,000,000 from the Pooled Commercial Paper Loan Program of the Florida
Local Government Finance Commission pursuant to the loan agreement between the
Board of County Commissioners and the Com~ssion in order to fmance the acquisition
of the Caribbean Gardens property; authorizing the execution of a loan note or notes to
evidence such borrowing; agreeing to secure such loan note or notes with a covenant to
budget and appropriate legally available non-ad valorem revenues as provided in the loan
agreement; authorizing the execution and delivery of such other documents as may be
necessary to effect such borrowing; and providing an effective date.
OBJECTIVE: That the Board of County Commissioners adopt the attached Resolution
authorizing a loan from the Commercial Paper Program in an amount not to exceed
$40,000,000 to finance the acquisition of the Caribbean Gardens property.
CONSIDERATIONS: On November 2,2004 Collier County voters approved a referendum
authorizing the acquisition of certain land, including the land currently used as Caribbean
Gardens, for the purpose of ensuring the continued operation of the Caribbean gardens, by
issuing bonds payable from ad valorem taxes not exceeding 0.1500 mills for a period of ten
years. Following a series of appraisals of the 166.44-acre (as surveyed) Caribbean Gardens
property, negotiations as to the final purchase price will begin shortly with the current owners.
The Commercial Paper loan authorization will provide a short-term interim financing measure
to secure this property in accordance with the referendum.
FISCAL IMPACT: A loan in an amount not to exceed $40,000,000 that shall be repaid with
moneys derived from a covenant to budget and appropriate legally available non-ad valorem
revenues.
The Commercial Paper loan authorization provides an interim financing tool that would be
refinanced with a limited general obligation bond issue (as authorized in the voter referendum).
This provides Collier County with the flexibility to close on the Caribbean Gardens property
very quickly. A bond issue generally takes 90-120 days to complete.
Funding for the loan repayment is included in the FY 06 budget from the voter approved,
dedicated 0.1500 mill tax levy.
GROWTH MANAGEMENT IMP ACT: There IS no Growth Management impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners adopt the attached
Resolution authorizing a loan in an amount not to exceed $40,000,000 from the Commercial
Paper Loan Program as the funding source for the acquisition of the Caribbean Gardens
property.
Prepared by: Michael Smykowski, OMB Director
Item Number
Item Summary
Meeting Date
Approved By
James V. Mudd
Board of County
Commissioners
Agenda Item No, 10A
July 26, 2005
Page 2 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10A
Recommendation to adopt a Resolution authorizing the borrowing of an amount not to
exceed $40,000,000 from the Pooled Commercial Paper Loan Program of the Florida
Local Government Finance Commission pursuant to the loan agreement between the
Board of County Commissioners and the Commission in order to finance the acquisition of
the Caribbean Gardens property; authorizing the execution of a loan note or notes to
evidence such borrowing; agreeing to secure such loan note or notes with a covenant to
budget and appropriate legally available non-ad valorem revenues as provided in the loan
agreement; authorizing the execution and delivery of such other documents as may be
necessary to effect such borrowing; and providing an effective date, (Michael Smykowski,
Director, Office of Management and Budget)
7/26/20059:0000 AM
County Manager
Date
County Manager's Office
7/14/200511 :37 AM
Agenda Item NO.1 OA
July 26, 2005
Page 3 of 9
RESOLUTION NO. 2005-
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AUTHORIZING THE BORROWING OF NOT
EXCEEDING $40,000,000 FROM THE POOLED
COMMERCIAL PAPER LOAN PROGRAM OF THE
FLORIDA LOCAL GOVERNMENT FINANCE
COMMISSION PURSUANT TO THE TERMS OF THE
LOAN AGREEMENT BETWEEN THE COMMISSION
AND THE COUNTY IN ORDER TO FINANCE THE
ACQUISITION OF CERTAIN LAND WITHIN THE
COUNTY, INCLUDING LAND USED AND REFERRED
TO AS CARIBBEAN GARDENS; AUTHORIZING THE
EXECUTION OF A LOAN NOTE OR NOTES TO
EVIDENCE SUCH BORROWING; AGREEING TO
SECURE SUCH LOAN NOTE OR NOTES WITH A
COVENANT TO BUDGET AND APPROPRIATE
LEGALLY AVAILABLE NON-AD VALOREM
REVENUES AS PROVIDED IN THE LOAN
AGREEMENT; AUTHORIZING THE EXECUTION AND
DELNERY OF SUCH OTHER DOCUMENTS AS MAY
BE NECESSARY TO EFFECT SUCH BORROWING; AND
PROVIDING AN EFFECTIVE DATE.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION 1. DEFINITIONS. Unless the context of use indicates another
meaning or intent, the following words and terms as used in this Resolution shall have the
following meanings. Capitalized terms not defined herein shall have the meanings
ascribed thereto in the hereinafter defined Loan Agreement.
"Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part I, Chapter
163, Florida Statutes, and all other applicable provisions oflaw.
"Additional Payments" means the payments required to be made by the County
pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05 and 6.06(e) ofthe Loan Agreement.
"Board" means the Board of County Commissioners of the County.
Agenda Item NO.1 OA
July 26, 2005
Page 4 of 9
"Chairman" means the Chairman or Vice Chairman of the Board, and such other
person as may be duly authorized to act on his or her behalf.
"Clerk" means the Clerk of the Circuit Court for the County, ex-officio Clerk of
the Board, and such other person as may be duly authorized to act on his or her behalf.
"Commission" means the Florida Local Government Finance Commission, and
any assigns or successors thereto.
"County" means Collier County, Florida, a political subdivision of the State of
Florida.
"County Administrator" means the County Administrator of the County or his
designee and such other person as may be duly authorized to act on his or her behalf.
"Designated Revenues" means (1) Public Agency Moneys budgeted and
appropriated for purposes of payment of the Loan Repayments and any other amounts
due under the Loan Agreement, and (2) the proceeds of the Loan pending the application
thereof.
"Draw" means the borrowing of money under the Loan Agreement in accordance
with Article ill thereof.
"Loan" means the loan to be made by the Commission to the County from
proceeds of the Series A Notes in accordance with the tenns of this Resolution and of the
Loan Agreement.
"Loan Agreement" means the Loan Agreement, dated as of April 12, 1991,
between the County and the Commission, as amended and supplemented and as the same
may be further amended and supplemented.
"Loan No. A-32" means the Loan designated as "Loan No. A-32" the proceeds of
which shall be used to finance, reimburse or refinance Project A-32.
"Loan Note" means a note of the County evidencing the obligations incurred
under the Loan Agreement by the county on account of a Draw made in regard to a Loan,
which shall be in substantially the form provided in Exhibit I to the Loan Agreement.
"Loan Rate" has the meaning set forth in the Loan Agreement.
"Loan Repayments" or "Repayments" means the payments of principal and
interest at the Loan Rate on the Loan amounts payable by the County pursuant to the
provisions of the Loan Agreement and all other payments, including Additional
Payments, payable by the County pursuant to the provisions of the Loan Agreement.
2
Agenda Item No.1 OA
July 26, 2005
Page 5 of 9
"Non-Ad Valorem Revenues" means all legally available revenues of the County
derived from any source whatsoever other than ad valorem taxation on real and personal
property, which are legally available to make the Loan Repayments required in the Loan
Agreement, but only after provision has been made by the County for the payment of
services and programs which are for essential public purposes affecting the health,
welfare and safety of the inhabitants of the County or which are legally mandated by
applicable law.
"Program" means the Pooled Commercial Paper Loan Program established by
the Commission.
"Project A-32" means the acquisition of approximately 166.44 acres of land
within the Public Agency, including land used and referred to as Caribbean Gardens, as
more particularly set forth in the plans and specifications on file or to be on file with the
County and as the same may be amended or modified from time to time.
"Public Agency Moneys" shall mean the moneys budgeted and appropriated by
the County for payment of the Loan Repayments and any other amounts due hereunder
from Non-Ad Valorem Revenues pursuant to the County's covenant to budget and
appropriate such Non-Ad Valorem Revenues contained in Section 6.04 of the Loan
Agreement.
"Resolution" means this Resolution, as the same may from time to time be
amended, modified or supplemented.
"Series A Notes" means the Commission's Pooled Commercial Paper Notes,
Series A ( Governmental Issue), to be issued from time to time by the Commission.
The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar
terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of
adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption
of this Resolution.
Words importing the masculine gender include every other gender.
Words importing the singular number include the plural number, and vice versa
SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution is
adopted pursuant to the provisions of the Act.
SECTION 3.
declared that:
FINDINGS. It IS hereby ascertained, determined and
(A) The Commission has been established for the principal purpose of issuing
commercial paper notes in order to provide funds to loan to public agencies, such as the
3
Agenda Item NO.1 OA
July 26,2005
Page 6 of 9
County, desiring to fmance and refmance the cost of acquiring, constructing and
equipping capital improvements and to fmance and refinance other governmental needs.
(B) In furtherance of the foregoing, the Commission shall issue, from time to
time, commercial paper notes to be known as "Florida Local Government Finance
Commission Pooled Commercial Paper Notes, Series A (Governmental Issue)" and shall
loan the proceeds of such Series A Notes to public agencies, including the County.
(C) Pursuant to the authority of the Act, the Commission has agreed to loan,
from time to time, to the County such amounts as shall be authorized herein and in the
Loan Agreement in order to enable the County to fmance, reimburse or refinance the cost
of acquisition, construction and equipping of capital improvements, including Project A-
32.
(D) The County desires to borrow an additional amount not to exceed
$40,000,000 in order to finance, refmance or reimburse the costs of Project A-32.
(E) The County hereby determines that the provision of funds by the
Commission to the County in the form of Loan No. A-32 pursuant to the terms of the
Loan Agreement and the financing of Project A-32 will assist in the development and
maintenance of the public welfare of the residents of the County, and shall serve a public
purpose by improving the health and living conditions, and providing governmental
services, facilities and programs and will promote the most efficient and economical
development of such services, facilities and programs.
(F) Loan No. A-32 shall be repaid solely from the Designated Revenues. Such
Designated Revenues shall include money~ derived from a covenant to budget and
appropriate legally available Non-Ad Valorem Revenues. The ad valorem taxing power
of the County will never be necessary or authorized to make the Loan Repayments.
(G) Due to the potential volatility of the market for tax-exempt obligations such
as the Note or Notes to be issued evidencing Loan No. A-32, the complexity of the
transactions relating to such Note or Notes and the uniqueness of the Program, it is in the
best interest of the County to deliver the Note or Notes to the Commission pursuant to the
Program by a negotiated sale pursuant to Section 218.385(1), Florida Statutes, allowing
the County to utilize the Program in which it participates from time to time and to enter
the market at the most advantageous time, rather than at a specified advertised date,
thereby permitting the County to obtain the best possible price, issuance costs and interest
rate for such Note or Notes.
SECTION 4. TERMS OF LOANS. The County hereby approves of Loan
No. A-32 in the aggregate amount of not exceeding $40,000,000 for the purpose of
providing the County with sufficient funds to finance, refinance or reimburse the costs of
Project A-32. The Chairman and the Clerk are hereby authorized to execute, seal and
4
Agenda Item f\Jo, 10A
July 26, 2005
Page 7 of 9
deliver on behalf of the County the Loan Note and other documents, instruments,
agreements and certificates necessary or desirable to effectuate the Loan as provided in
the Loan Agreement. The Loan Note or Notes with respect to Loan No. A-32 shall
reflect the terms of such Loan and shall be substantially in the form attached to the Loan
Agreement as Exhibit I. The County Administrator shall determine the date or dates of
funding of Loan No. A-32 in accordance with the terms of the Loan Agreement. Loan
No. A-32 shall mature in accordance with the provisions described in Schedule I attached
hereto or in such other amounts and at such other times as the County Administrator may
determine. Loan No. A-32 shall bear interest at the Loan Rate in accordance with the
terms of the Loan Agreement. The County further agrees to make all Loan Repayments
required of it pursuant to the terms of the Loan Agreement. The Letter of Credit fees for
Loan No. A-32 shall be 30 basis points or such other amount as Wachovia Bank and the
County Administrator shall agree.
SECTION 5. AUTHORIZATION OF PROJECT A-32. The County
does hereby authorize the acquisition of Project A-32 and the reimbursement of any costs
incurred by the County with respect to Project A-32 within the prior 60 days that are
approved by bond counsel to the Program.
SECTION 6. SECURITY FOR THE LOAN. The County's obligation to
repay Loan No. A-32 will be secured by a pledge of and lien upon the Designated
Revenues in accordance with the terms of the Loan Agreement. The obligation of the
County to repay Loan No. A-32 shall not be deemed a pledge of the faith and credit or
taxing power of the County and such obligation shall not create a lien on any property
whatsoever of or in the County other than the Designated Revenues.
SECTION 7. GENERAL AUTHORITY. The members of the Board and
the officers, attorneys and other agents or employees of the County are hereby authorized
to do all acts and things required of them by this Resolution and the Loan Agreement, or
desirable or consistent with the requirements of this Resolution and the Loan Agreement,
for the full punctual and complete performance of all the terms, covenants and
agreements contained in this Resolution and the Loan Agreement, and each member,
employee, attorney and officer of the County or its Board is hereby authorized and
directed to execute and deliver any and all papers and instruments and to do and cause to
be done any and all acts and things necessary or proper for carrying out the transactions
contemplated by this Resolution and the Loan Agreement.
SECTION 8. SEVERABILITY. If anyone or more of the covenants,
agreements or provisions herein contained shall be held contrary to any express provision
of law or contrary to the policy of express law, though not expressly prohibited, or
against public policy, or shall for any reason whatsoever be held invalid, then such
covenants, agreements or provisions shall be null and void and shall be deemed separable
from the remaining covenants, agreements or provisions and shall in no way affect the
validity of any of the other provisions hereof.
5
Agenda Item No, 10A
July 26, 2005
Page 8 of 9
SECTION 9. REPEAL OF INCONSISTENT RESOLUTIONS. All
resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the
extent of such conflict.
SECTION 10. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
DULY ADOPTED this 26th day of July, 2005.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
(SEAL)
By:
FRED W. COYLE, Chairman
A TrEST: Dwight E. Brock, Clerk
Deputy Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
David C. Weigel
County Attorney
6
Agenda Item No, 10A
July 26, 2005
Page 9 of 9
SCHEDULE I
PROPOSED LOAN REPAYMENT SCHEDULE
The principal of the Loan shall be repaid as follows (or on such other date or dates
and in such amounts as the County Administrator shall determine):
Date
Principal Repayment
December 5, 2006
$40,000,000
Interest on the Loan shall be paid monthly in accordance with the terms and
provisions of the Loan Agreement. Additional Payments shall also be made in
accordance with the Loan Agreement.
Agenda Item No, 10B
July 26, 2005
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners
Adopt the Proposed FY 2006 Millage Rates
OBJECTIVE: To adopt the proposed millage rates as the maximum property tax rates to be levied in
FY 2006.
CONSIDERATIONS: The tax rates hereby adopted must be provided to the Property Appraiser by
August 4, 2005 for use in preparing the Notice of Proposed Taxes. Each Collier County property
owner will receive this notice, which must be mailed by August 24 under Florida Truth in Millage
(TRIM) law.
During the September public hearings the Board may maintain or lower millage rates in each taxing
unit at the level of the proposed millage rates. The millage rates may not be raised subsequent to this
adoption, without meeting additional public notice and advertising requirements.
The proposed millage rates and associated tax dollars are included as exhibits entitled "Property Tax
Rates - FY 06 Proposed" and "Property Tax Dollars - FY 06 Proposed".
. The proposed General Fund (001) millage rate of 3.8772 is equivalent to $387.72 per $100,000 of
taxable value and is the same General Fund millage rate as that levied in FY 05.
. The proposed Unincorporated Area General Fund (111) millage rate of 0.8069 is equivalent to
$80.69 per $100,000 oftaxable value and is the same millage rate as levied in FY 05.
Public hearings on the FY 2006 Collier County budget will be held on Thursday, September 8, 2005
and Thursday, September 22,2005 at 5:05 p.m. in the third floor boardroom in the W. Harmon Turner
building at the County Government Center Complex.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
FISCAL IMPACT: The proposed General Fund (001) millage rate of 3.8772 is budgeted to generate
$238,333,000 in ad valorem tax revenue in FY 06. The proposed Unincorporated Area General Fund
(111) millage rate of 0.8069 is budgeted to generate $30,760,300 in ad valorem tax revenue in FY 06.
The total proposed tax levy, inclusive of all special taxing districts, is budgeted to generate
$303,834,500 in ad valorem tax revenue in FY 06. This includes a 0.1500 tax levy (generating
$9,220,600 in tax revenue) for costs of acquiring the Caribbean Gardens property as approved by the
voters via referendum.
RECOMMENDATION: That the Board of County Commissioners:
1. Adopt by Resolution the proposed property tax rates for fiscal year 2006 as detailed in the
attachments.
Submitted by: Michael Smykowski, OMB Director
Item Number
Item Summary
Meeting Date
Approved By
Michael Smykowski
County Manager's Office
Agenda Item No.1 08
July 26, 2005
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10B
Recommendation to adopt the proposed millage rates as the maximum property tax rates
to be levied in FY 2006. (Michael Smykowski, Director, Office of Management and Budget)
7/26/20059:00:00 AM
Management & Budget Director
Date
Approved By
Office of Management & Budget
7/15/20058:28 AM
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
7/15/2005 12:46 PM
RESOLUTION NO. 2005 -
Agenda Item No, 10B
July 26, 2005
Page 3 of 5
A RESOLUTION APPROVING COLLIER COUNTY'S PROPOSED MILLAGE
RA TES AND REAFFIRMING THE PUBLIC HEARING DATES FOR ADOPTION
OF THE 2005106 AMENDED TENTATIVE BUDGETS AND 2005/06 FINAL
MILLAGE RATES AND BUDGETS.
WHEREAS, Section 200.065, Florida Statutes, provides the procedure for fixing the millage rates; and
WHEREAS, Section 129.03, Florida Statutes, sets forth the procedure for preparation and adoption of the
budget; and
WHEREAS, the Board of County Commissioners has received and examined the tentative budgets for each
of the County's funds including all estimated receipts, taxes to be levied and balances expected to be brought forward
and all estimated expenditures, reserves and balances to be carried over at the end of the year; and
WHEREAS, Section 200.065, Florida Statutes, provides that the Board of County Commissioners shall hold
public hearings to adopt the tentative budgets.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COlLIER COUNTY, FLORIDA, that:
1. The proposed millage rates as set forth in the attached Exhibit "An and incorporated herein are hereby
approved as the County's proposed millage rates pursuant to Section 129.03 and 200.065, Florida Statutes.
2. The public hearings to adopt the 2004/05 amended tentative budgets and 2005/06 final millage rates and
budgets, respectively, pursuant to Section 200.065, Florida Statutes, will be held by the Board of County
Commissioners on September 8, 2005 at 5:05 p.m. at the Collier County Government Center, W. Harmon Turner
Building, Third Floor Board Room, 3301 East Tamiami Trail, Naples, Florida and on September 22,2005 at 5:05
p.m. at the Collier County Government Center, W. Harmon Turner Building, Third Floor Board Room, 3301 East
Tamiami Trail, Naples, Florida.
This Resolution adopted this 26th day of July, 2005 after motion, second and majority vote favoring same.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Fred W. Coyle, Chairman
Approved as to form and
~nV/~-
Michael W. Pettit
Chief Assistant County Attorney
..
I
,
I
Agenda Item No, 108
July 26, 2005
Page 4 of 5
Exhibit A
Collier County, Florida
Property Tax Rates
FY06
Proposed
Prior Year Rolled Buk Proposed
Millage Millage Millage ./.
Fund Title Fund No. Rate Rate Rate Change
General Fund 001 3,8772 3.3417 3.8772 16.0O/c
Water Pollution Control 114 0.0347 0.0299 0.0347 16.1O/c
3.9119 3.3716 3.9119 16.0./.
Unincorporated Area General Fund 111 0,8069 0.7027 0.8069 14.8O/c
Golden Gate Community Center 130 0.2357 0.2003 0.2337 16.7%
Naples Park Drainage 139 0.0090 0.0077 0.0090 16.9%
Pine Ridge Industrial Park 140 0.1028 0.0897 0.0950 5.9%
Victoria Park Drainage 134 0.5179 0.4585 0.4877 6.4%
Naples Underground FPL 135 0.0839 0.0705 0,0000 -100.0O/c
Golden Gate Parkway Beautification 136 0.5000 0.4308 0.5000 16.1%
Naples Production Park 141 0.0340 0.0306 0.0341 11.4O/c
Vanderbilt Beach MSTU 143 0.5000 0.4458 0.5000 12.2O/c
Isle of Capri Fire 144 1.5000 1.1816 1.5000 26.9O/c
Ochopee Fire Control 146 4.0000 3.2082 4.0000 24.7O/c
Collier County Fire 148 2.0000 1.6764 2.0000 19.3O/c
GoodlandlHorr's Island Fire MSTU 149 0.4746 0.7362 1.3632 85.2O/c
Radio Road Beautification 150 0.2500 0.2209 0.2500 13.20/.
Saba! Palm Road MSTU 151 2.1584 1.3014 1.9881 52.80/.
Lely Golf Estates Beautification 152 2.0000 1.7273 2.0000 15.80/.
Hawksridge Stonnwater Pumping MSTU 154 0.2882 0.2720 0.1507 -44.60/.
Forest Lakes Roadway & Drainage MSTU 155 3.0000 2.5847 4.0000 54.8%
Immokalee Beautification MSTU 156 1.0000 I.l304 1.0000 -11.50/.
Bayshore Avalon Beautification 160 1.7500 1.4786 1.7500 18.40/.
Livingston Road Phase Il MSTU 161 0.0000 0.0000 0.0000 #N/A
Conservation Collier 172 0.2500 0.2155 0.2500 16.0%
Parks GOB Debt Service 206 0.0000 0.0000 0.0000 #N/A
Marco Island Coastal Beach Renourish 207 0.0000 nla 0,0000 #N/A
Caribbean Gardens 220 0.0000 nla 0.1500 #N/A
Isles of Capri Municipal Rescue 244 0.0000 0.0000 0.0000 #N/A
Collier County Lighting 760 0.1250 0.1057 0.0850 -19.60/.
Naples Production Park Street Lighting 770 0,0000 0.0000 0.0000 #N/A
Pelican Bav MSTBU 778 0.1433 0.1331 0.1610 21.00/.
Aggregate Millage Rate 4.7949 4.1327 4.7928 15.97%
Agenda Item No, 10B
July 26, 2005
Page 5 of 5
Exhibit A
Collier County, Florida
Property Tax Dollars
FY06
Proposed
Prior Year RoBed Back Adopted
Fund Tax Tax Tax %
Fund Title No. Dollars DoUars Dollars Change
General Fund 001 198,756,178 205,415,640 238,333,000 16.0%
Water Pollution Control 114 1,778,820 1,837,965 2,133,000 16.1%
200,534,997 207,253,605 240,466,000 16.0%
Unincorporated Area General Fund III 25,761,086 26,788,011 30,760,300 14.8%
Golden Gate Community Center 130 366,102 380,906 444,400 16.7%
Pine Ridge Industrial Park 140 44,544 44,670 47,300 5.9%
Victoria Park Drainage 134 13,886 13,914 14,800 6.4%
Naples Underground FPL 135 63,060 63,459 0 -100.0%
Golden Gate Parkway Beautification 136 355,875 358,695 416,300 16.1%
Naples Park Drainage 139 8,470 8,507 9,900 16.4%
Naples Production Park 141 12,700 12,740 14,200 11.5%
Vanderbilt Beach MSTU 143 714,652 753,014 844,600 12.2%
Isle of Capri Fire 144 665,859 761,975 967,300 26.9%
Ochopee Fire Control 146 1,048,263 1,057,713 1,318,800 24.7%
Collier County Fire 148 350,504 350,502 418,200 19.3%
GoodlandIHorr's Island Fire 149 59,064 59,138 109,500 85.2~o
Radio Road Beautification 150 240,894 244,937 277,200 13.2%
Sabal Palm Road MSTU 151 36,003 36,003 55,000 N/A
Lely Golf Estates Beautification 152 203,346 203,350 235,500 15.8%
Hawksridge Stonnwater Pumping MSTU 154 15,701 15,707 8,700 -44.6%
Forest Lakes Roadway & Drainage MSTU 155 439,534 439,619 680,300 54.7%
Immokalee Beautification MSTU 156 306,737 307,656 272,200 -11.5%
Bayshore Avalon Beautification 160 583,776 581,203 687,900 18.4%
Conservation Collier 172 12,815,703 13,246,871 15,367,600 16.0%
Caribbean Gardens 220 0 nla 9,220,600 #N/A
Collier County Lighting 760 516,095 519,93] 418,100 -19.6%
Naples Prod. Park St Lighting 770 0 0 0 #N/A
Pelican Bay MSTBU 778 644,757 644,676 779,800 21.0%
Total Taxes Levied 245,801,610 254,]46,801 303,834,500
Aggregate Taxes 245,80],610 254,146,80] 294,613,900
--
EXECUTIVE SUMMARY
Agen da Item No. 10C
July 26, 2005
Page 1 of 3
)
Recommendation to award a contract to McDonald Transit to provide consolidated
management for the Collier Area Transit and the Paratransit System as identified in
RFP #05-3845 and to allow staff to negotiate a contract in the amount not to exceed
$25,682,974.
OBJECTIVE: To retain a single contractor to provide complete consolidated operations and
management of both Collier County's fixed route and Paratransit systems in order to achieve
better coordination of all public transportation services.
CONSIDERATION: Requests for proposals # 05-3845 "Consolidated Management
Contract for the Collier County Fixed Route and Paratransit Systems" were solicited on May
12, 2005. Notification was sent to 8 finns. Two proposals were received by the closing date
of June 20, 2005. The two proposals were evaluated and ranked by a selection committee as
follows:
1. McDonald Transit Associates, Inc.
2. MY Contract Transportation, Inc.
By the consensus of the selection committee, the recommended management firm for award is
McDonald Transit Associates, Inc. As of this writing, contract negotiations had not been
completed. Given that the Board is not scheduled to meet again until September, staff is
requesting that the Board authorize the County Manager (or his designee) to execute the
contract documents upon review for legal sufficiency by the Office of the County Attorney.
This is a five year contract with a (1) one, five year renewal provision. The ceiling for
negotiating this five (5) year contract equals $25,682,974. It is anticipated that further
contract negotiations will take place annually throughout the contract term to provide for
added or adjusted transit routes.
FISCAL IMPACT: The contract amount for FY 06 will not exceed $4,868,764. Funding
for this contract is budgeted in fund 126. Total budget estimated at $4,868,764 which
includes, among other sources, Federal Transit Administration (FTA) 5307 Grants operating
funds in the amount of $228,764, Florida Department of Transportation State Block Grant
funds in the amount of $360,000, Trip & Equipment Grant funds in the amount of $557,000,
Section 5311 Grant funds in the amount of $140,000 and Trip & Equipment/County Share
funds of $1,600,000. The balance of $1,983,000 is budgeted in Gas Tax/Local Fund 313.
The remaining funding will be addressed in FY2007 -10 budget. It is anticipated that
additional routes will be required and therefore change orders to add services and funds will
be necessary at the time that the additional routes are finalized.
GROWTH MANAGEMENT IMPACT: Consistent with Objective 12 of the Transportation
Element of the Growth Management Plan.
~
RECOMMENDATION: That the Board approve McDonald Transit Associates, Inc. for
award of contract #05-3845 "Consolidated Management Contract for the Collier County
Fixed Route and Paratransit Systems", to allow staff to negotiate the terms and conditions of
the contract, and allow the County Manager, or his designee, to sign the resultant County
Attorney reviewed contract with the awarded firm, for an amount not to exceed $25,682,974
for FY2006-1 0 unless revised through Board approved change orders.
Agenda Item NO.1 OC
July 26, 2005
Page 2 of 3
Prepared by: Lisa Hendrickson, Senior Planner, Alternative Transportation Modes
,~.g{:r.dPl
COLLIER COUNTY
~QAFl:O OF COU~~TY COMMISS,IONli'.RS
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Agenda Item No. 10D
July 26,2005
Page 1 of 57
-
EXECUTIVE SUMMARY
Recommendation to approve construction of a sewer forcemain to change service for the
Collier County Government Complex City of Naples to the Collier County Sewer District,
Project number 52005 with an estimated ftscal impact of 51,650,000.00.
OBJECTIVE: To approve the construction of approximately 200 linear feet of 10" PVC which
completes a project started in 1992 at the Collier County Government Complex, 3301 Tamiami
Trail East. The wastewater service is currently being provided by the City of Naples and now is
proposed to be provided by Collier County Water-Sewer District.
CONSIDERA nONS: The wastewater service for the main government complex is currently
being provided by the City of Naples per Addendum No. 3 to the Agreement in November of
1984 that amended and supplemented the October 16, 1977 Agreement. At the time of the
original Agreement the County did not have sewer service for the complex; however the
complex is within the Collier County Sewer District today. The current service runs through a
pump station that transmits the wastewater approximately 9,100 feet in a 6" forcemain to a 16"
main at the intersection of Commercial Drive and US 41 East, which is the nearest point of
connection to the rest of the City's system.
r-
In December 1988 Wilson Miller provided a utilities study (see attached exhibit 1) for the
complex and recommended a 10" forcemain to be constructed between the existing pump station
and into the County system. The 10" forcemain work was partially completed in 1992 and the
final connection was not made,
In March 2004 Agnoli Barber & Brundage, Inc. completed a study (see attached exhibit 8) to
assess the cmrent and future wastewater service at the main complex. The report concluded that
the most feasible method to provide wastewater service to the main complex is by switching to
the County system located on Palm Drive.
The Naples Jail expansion project will be complete in August 2005 and will require additional
wastewater service which cannot be provided by the existing City of Naples forcemain. Staffhas
worked with the City if Naples over the past 10 months on Amendment #10 to the 1984
Agreement. The Agreement was planned for approval consideration by the City of Naples on
June 15, 2005 however City staff advised that it is still being reviewed. The approval for the
agreement is not expected until this fall well after the opening of the jail expansion.
The majority of the cost associated with transferring service providers is an impact fee of
approximately $1,500,000.00 which will not be paid until amendment #10 is executed by the
City and Collier County. Facilities will solicit three quotes per the underground utility
contracting services contact, the construction estimate is $100,000. The construction contract
can be approved by the division administrator per the contract up to $200,000 and will not
require additional approval by the Board.
,,--
Agenda Item No.1 00
July 26, 2005
Page 2 of 57
,-., The County will be assessed a bulk sewer rate per thousand gallons, by the County Water-Sewer
District (District) for the flows collected and treated by the District's facilities. The flow will be
measured based on potable water flows from the City of Naples; this practice of measuring based
on potable water use is consistent with all other customer's of the District. This arrangement is
temporary pending final approval of amendment #10.
FISCAL IMP ACT: Funds for the construction services and the impact fee were approved as
part of the fiscal year 2005 budget and are available in the project budget.
GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth
Management Plan and the Government Complex Projected Space Plan.
RECOMMENDATIONS: That the Board of County Commissioners authorize the connection
of the sewer forcemain into Collier County's system subject to amending the City-County
Agreement to the extent such amendments may be legally necessary as distinguished from being
merely convenient.
PREPARED BY: Peter S. Hayden, P.E., Senior Project Manager
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",--
Agenda Item No. 100
July 26, 2005
Page 3 of 57
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
10D
Meeting Date
Approved By
Skip Camp, C.F.M.
Recommendation to approve construction of a sewer force main to change service for the
Collier County Government Center from the City of Naples to the Collier County Sewer
District, Project number 52005 with an estimated fiscal impact of $1,650,000,00, (Jim
DeLony, Administrator, Public Utilities)
7/26/20059:00:00 AM
Facilities Management Director
Dste
Administrative Services
Facilities Management
7/14/20052:02 PM
Approved By
Ron Hovell
Principal Project Manager
Date
Administrative Services
Facilities Management
7/14/20053:08 PM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
7/15/20052:18 PM
Approved By
James W. Delony
Public Utilities Admlni.trstor
Dste
Public Utilities
Public Utilities Administration
7/19/20059:47 AM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Admlnletratlv& Services Admin.
7/19/20059:51 AM
Approved By
Michael Smykowskl
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
7119120053:16 PM
Approved By
James V. Mudd
Board of County
Commiesloners
County Manager
Date
County Manager'e Office
7119/20054:36 PM
Agenda Item No. 100
July 26, 2005
Page 4 of 57
Memorandum
To:
Skip Camp, CFM, Director
e;H-
Peter S. Hayden, P .E.
Senior Project Manager
From:
Date:
June 17,2005
Subject:
52005 Wastewater Service Change Timeline
I reviewed the files and put together a timeline with backup material for the
wastewater change at the main campus from the City of Naples to the County.
EXHIBIT 1: December 1988 - Collier County Government Complex Utilities
Study prepared by Wilson, Miller, Barton, SolI & Peek, Inc., recommends to a new
10" force main should be constructed between existing pump station and flows
pumped into the County system.
EXHIBIT 2: October 1992 - DEP letter certifying partial completion of new 10"
line (final connection not made).
EXHmIT 3: August 12, 2002 - AEC National letter to the City of Naples
requesting water & wastewater service availability for Jail expansion project.
EXHIBIT 4: August 21,2002 - City of Naples letter confirming jail addition is in
the City of Naples service area.
EXHIBIT 5: September 16, 2002 - ABC National letter requesting review of the
proposed jail project.
Department of Facilities Management
G:\Construction &. Capitalltems\5200S Sewer Change SC2'Vice from City to CoWl1y\S200S Sewer Connection time-line. doc
Page 2 of2
Wastewatercbangc timclinc
Agenda Item No.1 OD
July 26,2005
Page 5 of 57
-
EXHIBIT 6: November 19, 2002 - No objection letter from the City of Naples for
the jail expansion.
EXHIBIT 7: July/August 2003 - Collier County Stormwater Management held a
meeting with Bob Middleton, Utility Director for the City of Naples, County
Wastewater collections representatives and Facilities Management Staff to discuss
abandonment of existing six-inch force-main along Linwood Ave. for a proposed
Stormwater project.
EXHIBIT 8: March 24, 2004 - AB&B report completed, recommends moving
Courthouse complex from the City wastewater franchise area and including it in
the County franchise area.
EXHIBIT 9: December 31, 2004 - Letter to Dan Mercer, City of Naples Public
Works Director requesting an amendment to resolution 84-4598 to suspend
wastewater service with the city of Naples.
April 11, 2005 - Meeting with Collier County Utilities, Facilities and City of
Naples to discuss the existing wastewater service.
April 29, 2005 - Meeting with Collier County Utilities, Facilities and City of
Naples to discuss the interim agreement between the City of Naples and the
County for wastewater services at the maim campus.
EXHIBIT 10: May 6,2005 - Request for legal services for Addendum #10.
EXHIBIT 11: May 16, 2005 - Addendum 10 sent to the City for their review via
e-mail.
If you have any questions regarding this matter please contact me. Thank. you.
Cc Len Price, Administrator
Ron HoveIl, P .E., Principal Project Manager
Department of Facilities Management
G~\ConstnJCtion &. Capital rtcms\S200S Sewa' Change Service from City to County\S200S Sewer CODl1CCtion tim&-line.doc
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Collier County Government Complex
utilities study
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Prepared for':
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Collier County, Florida Government Com~lex
. 3301 'Tallliami Trail, East
Naples, Florida 3396%'
Prepared by:
Wilson, Miller, Barton, Soll & Peek, Inc.
1383 Airport Road, North
Naples, Florida 33942
December., 1988
Work Order 6391.2
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Agenda Item No. 100
COLLIER COUNTY GOVERNMENT COMPLEX UTILITIES STUDY July 26,2005
Page 7 of 57
TABLE ~ ~ONTENTS
EXECUTIVE SUMMARY
1 PURPOSE ....................................0....... ~ .-... . . · . . . . . . . . . .. 1
2 AUTHOR I ZA T I OR .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . · . · · · . · . · . · · · . . · · · · · .. . 1
::3 POTABLE WATER SUPPLY ............. "~""""""" .......... ......... 1
3.1 EXISTING SySTEM..................................... ... ~..... 1
3.1.1 CITY WATER SYSTEM ...................................... 1
3.1.2 COUNTY WATER SYSTER .................................... 1
3.1.3 WATER CONSUMPTION ...................................... 1
3. 2 FUTURE SYSTEM ........'........................................ z
3.2.1 CCGC SITE ..................................... '.' · .. · · .. 2
J. 2 . 2 SITE ., 1" TO SOUTH' ............................. . . · · · · · .. 2
3.2.3 SITE "B" TO NORTH ...................................... 2
, . '
4. E'IRE PROTECT I ON SYSTEM ..'... io . . . . . . . . .. .. .1. . . . . . . . . . . . . . · .. . · · · · · · .. 3
4.1 EXISTING SySTEM............. ..... .... .'......................... 3
4.1.1 RESULTS OF FIRE FLOW TESTS ............................. 3
4.1.2 REQUIRED FIRE ,FLOWS............. .'....................... ::3
4.1.3 CITY W1TERSYSTEM ....................................... 4.
4.1.4 COUNTY WATER SYSTEM .................................... 4
4.2 FUTURE SYSTEM . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . · · · · ... . · · · · · · · · · · · .. 5
4.2.1 EXISTING SITE ........................................... 5
4..2.1.1
4~2.1.2
4.2.1.3
4.2.1.4
ADD e " LINE FROM ROUTE 41
INTERCONNECT 6" AND 12" LOOPS ....................
ADD FIRE' HYDRANT ON SOUTR SIDE ror BUILDING "F" "'
ADD FIRE 'HYORANT ON NORTH SIDE' OF BUILDING "C" ...
5
5
5
5
..... .......... .........
4.2.2 SIT!: "A" TO SOUTH '................... . . . . . . . . . · . · · · . · · .. 5
4. . 2. 3 SITE It B" TO NORTH ...................................... 6
4.2.4 EXTENSION OF 16.' MAIN ALONG AIRPORT ROAD .. ~ ..... ...0... 6
WASTEWA 'fER SYSTEM ..............0..................................... 6
5. 1 EX 1ST l.NG SYSTEM ........ '; . . .. . . . . . . . . . . . . . . . . . . . . . · . . · · · , · · ... 6
501.1
5. 1.2
5. 1.:3
COLLECT ION' SYSTEM' . . . . . . . . . . . . · ... · · · · · · · · . · . · · · · · · · · · · . ·
PUHP STAT I ON .........................................'..
EXISTING FORCE MAIN
6
7
7
. '...,. .... II.... .... ,., ... II II '" II
5 . 2 r-u TURE S Y STEM ........................... -~ . . . . . . . . . . . . . . . . . · · .. 7
5.2.1 EXISTING SITE
,~
. . . . . . . . . . .' . . . . . I" . II . . . , II . . . . . . . . . . . II . .
a
5.2.1.1 REPLACE PUMPS IN PUMP STATION .................... a
5.2.1.2 PUMP TO GLADES SITE .............................. a
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COLLIEg COUNTY GOVERNMENT COMPLEX UTILITIES ..uo_ltem No. 10D
. July 26, 2005
Page 8 of 57
5.2.2 SITE .'A.' TO SOUTH ...................................... &
5. 2. 3 SITE .. B" TO ,NORTH ....................................... 9
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6 IRRIGATION SYSTEM
. . . . . . . . . . . . . . . . '.' . . . . . . . . . . . . . . . . . . . . . . ~ . . . . . . . . .
9
F
6.1 EXISTING SYSTEM .............................................. 9
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6.1.1 POTABLE WATER SUPPLY ...........................~........ 9
6.1.2 ON~SITE POND ...~....................................... 9
I
6.2 FUTURE SYSTEM .................................. ~ . . . ... . . . . .. 10
[
6.2. 1 COUNTY EFFLUENT ....................................... 10
6. 2. 2 ON-S I TE WELL ..... ~ · . . . · .. . . . . . . . . . .'. . .. . . . . . . . . . . . . . .. 10
6.2.3 EXISTING SITE ......................................... 10
6. 2." SITE .. A.f 'TO SOUTH ..................................... 10
6.2.5 SITE .'S" TO NORTH ......................................11
6.2.6 TOTAL PROJECTED IRRIGATION REQUIREMENT ............... It. 11
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7 PEAK FLOW PROJECTIONS .............................................. 11
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7.2
7.3
FIXTURE UNITS
'PEAK FLOW ESTIMATES
PER CAPITA FLOWS
, . .
. . . . . . . . 41 . . . . . . . . . .1 . . . . . . . . . . . . . II . . . . . . . . . . . . .
t' . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11
12
1.2
. . . . . . . . . . . . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . .
8 CONCLUSIONS AND RECOMMENDATIONS ................. ~. . . .'.. . .. . . ...... .13
t: 9 OPINION OF PROBABLE PROJECT COSTS .................................. 14
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WILSON. MILLER. BARTON. SOLL & PEEK. INC.
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COLLIER COUNTY GOVERNMENT COMPLEX UTILITIES 1Pfffirtltem No. 10D
. ' July 26.2005
Page 9 of 57
EXECUTIVESU"~~~Y
Anevaluat10n of the eXUlting water. wastewater. fire protection and .
lrrtgat10n syste.. at the Coll1er 'county Government COmplex (CCGC) and
the cStpac1tles of each systea to serve eXlsting and future demands was
COl1ducted by Wl1son., tUller.Barton. Soli Ie Peek. Inc.
This etudy included the" preparation of a model of the potable and flre
water'11nes to determlne the effects Of additlonal l1nes on l.prov1ng
the avalla!:)le volume anc1pressure of water at the CCGC for fIre
protect10n. TbeCCGC model was appended to , the City of Naples wate.r
I system model to assess the effects and required sizes of larger water
.~ 11nes ,feeClng the CCGC froa the C1 ty of Naples CUltrlbutlon syate.. The
~Odelllng showed that ad.dltlon'al I1nes on the slte. add.ltlon of .f1re
\1,.' ydrants. anC extenslonot the lEI-Inch water m,aln along Airport Road
:'4 south to thelntersectlon wlth Route 41 woulC lmprove fire flow
I, 0 ca, pat>> 111 ty" to be In complIance W1 th the re9Ulremen ts . ldent 1f led by the.
Fire Marshall for the CCGC. for ex'tsting bUl1d1ngs and flr.protectlon
r'~ SY,' a tells i Suggest 10ns were made by., the Fire, Marsba] l' wh lcb WOU,ld r'.C1uce
,;' the reqUired. f lre f low and whlCh sbould also reOuce the cost of f lre
insurance, for Bu:tldipgs J and F.
'[~i'" ,The existing wastewater 'pump station pUIl'PS are unCers1zeC and cannot
.-1' ,pump the peak vastewater flows' generateC by the CCGC. The existing
forcemaln 1s a coilblnat10n of 6-1nch and a-Inch l~nes whlch eventually
(,-; .1.anlfold into a C1ty of Naples forcssain \l1t1l diSCharge to and treatment
L 'at tbe City of Naples Wastewater Treatllent Plant (NWWTP). It 1s
recommended that. 1n 1 t 11.11 y. larger pumps b. '1ns ta.ll ed anlS that the pump
statlonbe brought up to the' county"s standard for wastewater pump
stations. In the future. When the new Glacles Master Pump Statlon lS
eompleted. a new 10 .. force matn should be constructed tletween it and
the eXlsttng COGCpUllp statlon., anC1 flows froll tbe CCGO should be pumpeC1
lnto the County aystea.
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Irrigation water is preeently supplied by the potable water lines on
["" slte. ,The most practtcal S, ourcef"OrCCGC 1rrigatlon water ls reclaime C,
. water <treatelS effluent) from the Glades WWTP. and eventually from tbe
reelalmed water distribution syst.ato be constructed-by the County.
f' Theexlst1ng 8-ineh I1ne on Palm Drive could be tapped a.~,thesouree of
,~ irrlgat10n water for the CCSC slte. .
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From the beginning of this study it vas apparent that the final' solutIon
to prOViding adequate water and wastewater serVIce to the CCGC ~lght be
determ1n~d not so much by technipal as b~ administrative conslCeratlons.
The final system des1gneC anC implemented will fall into on~ of theee
three adJun 18 tra ti ve ecenar1os; ,
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o The CCGC sltew111 continue to, be connecteC to both the wateI"
and wastewater systems of the C1tY ot NaplesJ
o .The CCGC s1te WIll be served ~y the City of Naples water system
and .by the Collier county wastewatersystellJ -
o The CCGC s 1 te w111 be served by 'the Coll1er Coun tywa ter and
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1'2./2:3/88
WILSON..MI~LER. BAftTON. SOLI.. & PEEK. INC.
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COLLIER COUNTY GOVERNMENT COMPLEX UTILITIES .mJMltem No. 10D
July 26, 2005
Page 10 of 57
wutewater syzstems.
There 1s noth~ng sacred about one pol1t1cal ent1ty havlng to SUPply both
services to the CCGC slte. The cost of serv1ce should be determlned by
the volume of water supplied or wastewater ,treated. The systea to be
laplemented should be the one wh1ch 1s most economical. and. espeCially
1n the case of ImprOVing the flow .and pressure of water to the CCGC
s1te. the one wh1cb can most readily. be lmplemented.
Based on the
.recommenl1ed.
th 1'. repor t.
f1nd1ngs of tbls study the fOllow1ng Improvements
~11 lmprovements have been shown on Figures I and
are
Z Of
PHASE I - Immediate need
o
Construct on-site water system improvements lnclud1ngz
An a-lnch potable water line fro. Route 41 to the eXlstlng
water malns on-slte near the ,all;
An a-1nch fire water 11ne from Route 41 to the eX1Stlng
6-1nch and 12-1nch fire flow loops:
InterconnecUons between the eX1sting fire flow, loops:
New f 1re hydran ts near BUlldlngs F and C;
Negotiate with the City of Naples' for the extenslon of the
16-1nch water maln from the lnterzsectlon of Airport and Frances
Roads down to the Interzsectlon of Airport Roal1 anl1 Route 41.
o
Construet on-site wastewater ayste.improvements includlng:
Change the wazstewater pumps to 20 HP models anl1 upgraaethe
pumpstat10n to Collier County stanaarl1s:
COntract wlth the Co1l1er County Ut1l1t1es Department to
operate and malntaln the pump station.
COnstruet-a reclalmeC2water l1ne from the exustlng force maln on
Palm Dr1ve to the on-zslte pondS.
PHASE II - Future need
12/23/8e
o
Construct an al1C21t1onal f1re lOOp to flerve the proposed bUlld1ng
at the-north en~ of the .slte:
o
Con8truct a new IO-inch force ma1n to the proposed Glades Master
Pump Stat10n 3.05.
WILSON. MILLER. BARTON. SOLL & PEEK. INC.
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Agenda Item No.1 OD
COLLIER COUNTY GOVERNMENT COMPLEX UTILITIES STUDY July 26.2005
Page 11 of 57
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1 PURPOSE
The pur,pose of this report 1s the ldent1fication of thecapa.b111tle~ of
and the C1e.anda on the potable water~ waatewater. f1re protecuon. and
Irrigation systells for exlstlng and, future facUlties of the Col11er
, County Government Complex CCCGC).
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2 AUTHORIZATIO'N
ThlS stUdy was authorized by the Board of county CO..lsSloners Of
COllier County on June', 1.... 198e.
3
POTABLE WATER SUPPLY
,.~:: Potal>le wa terfor the CCGC 18 suppl1ed through a "-InCh 11ne ta.pped 1n to
.~ the 6-1nch l1ne on Alrpor t Roa.C1. A "-lnCh master meter IS 1natalleC1 ln
, ~~. tbe eerv1ce 11ne. anc1 no other now" aeter1ng 1e c1o,ne on the alte of the
I. ~ COOC.' .'
~he potable water 11ne alao supp11es sOlle areas of the CCGe vith
[~ 1rrlgatlon vater.
r ~ 3.1.2 COUNTY WATER SYST!;!
- ~1:~8~::~r T~: ::~~;;~d c~~n~~~ov~;:Cw:~:~
L ~ Dr1ve 1n the Glades Water system.
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from the Coll1er. County Water
l1ne 115 an a-1nch ma1n on Palm
3.1.3
WATER CONSUMPTION
A copy of tbe water meter records for the CCGe was obtalneQ trom the
C~ty of Naples Ut111t1es Department for the per1o(1 of Janua.ry 1986 to
the present. Ta~le 1 summar1zes the readings and average consumpt1on
ra.tes QerlveC1 from thelll. Figure 3 1s a plot of the meter reaCl.lngs for
each month of .that per10tt.
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Agenda Item NO.1 00
July 26, 2005
Page 120f 57
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TABLE 1 - SUMMARY or METER READINGS AND ESTIMATED AVERAGE DAILY
WATER CONSUMPTION AT COLLIER COUNTY GOVERNMENT CENTER
CO~OUND METEI READINGS
10-GALLON 100-GALLON TWO-MONTH A VElAR
HONTH/YEU DIlL DIAL TOTAL CONStJftPTIOR . DAILY USE
(GALLONS) (GALLONS) (GALLONS) (GALLONS) ( GPO)
J86 7.161,000 25.170.000 32~337.000
E' 1.706.000 28.433
H 8.040.000 20.003.000 3'_043.000
A 4.520.000 "n5.333
M 9.182.000 29.381.000 ,38.563.000
J 3.630.000 60.500
J 10.420.000 :31.773.000 42.193~OOO
A 2.822.000 47.0~
S 11. .&11 . 000 33.60-1.000 45.01S.QOO
0 3.211.000 53.517
N 12.517.000 35.709.000 48.220.000
D 3.035.000 50.583
J87 13.531.000 37.730.000 51. 2en '-000
!' 1.899.000 31.650
H 14.489.000 38.671.000 53.160.000
A 4.200.000 70.000
M 15.4-10.000 41.920.000 57.360.000
~ 3.066.000 51.100
J 15.440.000 44.986.000 60.420.000
A 28.000 467
S 15.44.0.000 45.014.000 60.454.000
0 48e.OOO 8.133
N 15.4.&0.000 45.502.000 00.942.000
D 4.e84.000 e 1. 400
J8B 15.440.000 50. 380.QOO 65.820.000
.1' 482.000 a.033
H 15.673.000 50.635.000 60.308.000
A 17.783.000 296.383
'M 15.999.000 6S.102.000 84.091.000
J 5.006.000 83.433
J 16.160.000 72.937.000 89.097.000
A 2.613.000 43.550
S 16.160.000 75.550.000 91.710.000
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. have a f1re flow requlr~ment of"3375 gpm. Based on current cond1t10ns.
L: BU11d1ng F has a requlred f1re flow of 2784 gpm. The new Health Servl~es
. ..BU11dlng Wl11 have a f1re flow requ1rement of 1593 gpm.
,'" ~~aCh of the, three fIre f, lows was used IndIv1duallY1n a :coab1ned model
- la f the Naples and CCGC water ~systems to test the adequacy of the
~ , xlstlng or proposed 11nes. The objectlve used In the mOdelllng was
I' that the requlred f1re flow would be obta1nable at the pOlnt of aemand
'~ w1th a reSidual pressure of 20 psl.
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Agenda Item No: 100
CO[,LIER COUNTY GOVERNMENT COMPLEX UTILITIES STUDvjuly 26,2005
r>age 14 of 57
4
FIRE PROTECTION SYSTEM
4.1
EXISTING SYSTEM
-
The eX1stlng t1re protectlon vater eyate. at the cose conststs of two
lndependent lOOps. A 6-1nch ayste. aervea Sundlnga "C.. ..e-l".. "C-2".
"F".. "D". ..S.... anc "A". A 12-lnCh systea serves BUUd1ngs "J'.. "K".
. "G".. "W... &Dd ,the Museum.
4.1. 1
RESULTS or FIRE FLOW TESTS
J
A f Ire flow
of BUl1C:Hng
Department.
1025 gpa at
test of the hyCrant
"A" was conC1ucteC1 on
The flow available
10115 a...
10cateC1 east of BUl1C11Dg .'B"anC south
Apr11 22. 1988 by tb~ East Naples Flre
at a residual pressure of 20 ps1waa
On OctOber 11. 1988 at 4130 p.m. the East Naples Fire Marshall conductea
a flre flow test at the hydrant located just east of tbe tuel pumps.
The flow available at areslaua1 pressure of 20 pst was 118e 9pm.
4-.1.2
REQUIRED FIRE FLOWS
The Fire Harshall for the East Naples Fire 01str1ctrevlewed the fire
protection systems for the eX1st1ng bUlld1ngs at the CCGC. He also
reviewea plans for the proposea Healtb Serv1ces BUilding anC1 the
proposed new courthouse. Basea on the floor areas of the bU11dlngs~
degree of compart.entallzation~ prOXimIty to other bUl1C11ngs. use of
sprlnkler systems and other conslderat1ons as requ1rea by the Insurance
SerVices Off1ce. he prepareC1 estimates of the requ1red flre flows for
tbe largest bu11d1nga.
Those bUIldings which Wlll,.have the b1ghest f1re flow req~lrements are
the ]a11 (BU11C11ng J). BU11d1ng F. ana the proposed Health Serv1ces
BUUdlng. Based OD the pro,ected total bu11C11ng area BUlld1ng. J w11l
The Fire Marshall also calCUlated hypothetical fire flows for BU11dings
J anc F based on the pte.lse that certain mOdlftcat10ns maCe to these
bUildings would reduce the requlred fire flo~s. BU11d1rigJ is not now
fUlly protected by a sprlnkler system, modlficat10n to pro~lde full
~prlnkllng would reduce the ~equlrea f1re flow to 1875 gpm. Bu1ld1ng F
115 near to BUlldlng C and connected by a tunnel io BU1ld1ng A which
Increases the danger of f1re spreading to them. thereby extra f1re flow
1s reqUlred: by Installing a flreproof part1tion and doors Inthe tunnel
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Agenda Item No.1 OD
COLLIER COUNTY GOVERNMENT COMPLEX UTILITIES STUDY July 26,2005
. Page 15 of 57
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between Bu11dings F and A. the fire flow can be reduced to 1031 gpa.
There are economlc tral1eoffs 1nvolved 1n the flnat" s1l1ng of the new
fire 11nes whlCh offset 80me of the costs of the new 11nel With
reduct10ns 1n the COlt of fIre lnsurance for the affected bUlldlngs.
Alao. making the mOdlftcatlons sucb as provld1ng full sprinkler coverag'e
for BUlld1ng J and providIng the partltlon for the tunnel between
BU1ldlngs r and A reduces the s1ze of the new I1Des somewhat. thereby
reducing the construction cost of the 11nes; the cost of the bUilding
modlflcatlons.uat be less than the sav1nga 1n plpe costs for the
.odlflcat10n. to tie cost effec;ttve. There -are other conslderattons
bealdes, cost. however. and this report can only ra1se the pOlnt that
putlllC safety-and peace of m1nd are issues that are difficUlt to
evaluate ln economlcal terms.
4.1.3 CITY WiTER SYSTEM
The cona~ra1nt. in the existing CCGC fire protection systea are the 6-
and a-InCh 11nes feed1ng the CCGC. Both fire, flow tests. tbough taken at .
d1fferent ttaes and on different :fIre protec't1on loopa. gave essentla.lly
the same avallable fire flow. Not only ,the fire flow but' also the
pota!)le water suppllel:1 to the CCGC are supplled through tbe 6- anO
a-inch lines.
A copy of the C1ty of Naples water system 1l0l:1el'w~s usel:1 as the base for
the distributiOn syatea analysls done c1urlngthls study. A Ilodel of the
exlstlng pota!)le anl:1 fire water syste. a~ the CCGC was prepared and
appended to tbe Clty of Naples model. The various potable anO fire flow
c1e.ands were Ullposed at the expected points of use 1n the model and the
response of the system w,as C1etermlned.
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~.1.4 COUNTY WATER SYSTEM
The exutlng Glades water system serves the area just east of tbe CCGC.
The Collier county Growth Management Plan lists the Glades Water
Treat~ent plantas having 6 well pu~ps each rated at 220 gpm. a llaXlmUm
~apac1 ty of 1320 9pm. '
In examlnlng the alternattves for prov1d1ng adC11tlon~1 tlre flow
protectlon for the CCGC. an 1nterconnection of the Glades systell w1th
the CCGC fire system was not conslc1ered anO lIay yet: be a. viable
alternative. ~he connect10n coul~ be aade uS1ng a baCkflow preventer so
that flow ~nto the fIre system 'lS, lrrevers1ble. Backflow preventers
would 'also need to beaddeo to the f1re I1nes fed froa the Clty of
Naplessystell. In this way. water from one dlstrlbut10n system w111 not
enter the other dlstrl!)utlon syste..
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We recognlze that thiS 1s an 1nterconnect1on between two different
systells' and that the dec1s10n to lmplement th1s rests between the
ut1l1ty'depa.rtments of Colller County and the City of Naples.,
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Agenda Item No, 100
COLI. I ER COUNT! GOVERNMENT COMPLEX UT I I. I TIES STUDvJuly 26, 2005
~age 16 of 57
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4.2
Ft1T~RE SYSTEM
4.2.1
EXISTING SIn
All propose~ system add1tions d1scussed below are shown Oft Figures I or
'2.
4.2.1.1 ADOS" LINE FRO" ROUTE '1
One ma1n 1mprovement to the CCGC fire protection system would be to add
anotherllne from the a~lnch line along Route 41 and to connect 1t to
the existing 12-1nch and 6-1nch loops.
4.2.1.2 INTERCONNECT 6" AND 12" LOOPS
At present the 6-inch and 12-1nch loops are not Interconnected on slte.
With the add1tlon of a new a-inch line these two loops should be
1nterconnecte~ to reduce the fr1ctlon 108ses on-site due to fire flow.
4.2.1.3 ADD FIRE HYORANT ON SOUTH SlOE OF BUILDING uF.'
The East Naples Fire Marshall revlewe~ eXistlng COGO fire protectlon
l1nes an~ hydrants. He recommen~e~ that an additional hydrant be ad~e~
on the south sl~e of BUlldlng "F" - so that the distance from the hydrant
to the ..s lamese'" s tandplpe connectlonon the bUl1dlhg would not be more
than 50 feet.
This new hydrant would be fed from a new a-1nch 11ne wh1Ch would
Interconnect the new a-lnch I1ne comlng ln from Route 41 With ;he
eX..lst1ng 6-1nch 11ne between BUildings "A" and "F".
4.2.1.4 ADD FIRE HYDRANT ON NORTH SIDE OF BUILDING "0"
The Flre Harshal1 a180 recommended that another hydrant be added on the
north !nde of BUlldlngs. "C" and' "'D" to glve better access to pumper
trucks. .
Th1S new hydrant would be fed from a new 8-1nch 11ne1nterconnecttng the
12- and 6-inch loops.
4.2.2 SITE "A" TO SOUTH
The fire flow to be used for th 18 . site w 111 be of the same mA9n ltude as
tnat recommended for the eXlst1ng site. We expect that another 8" tap
from the city 11ne along Route 41 WOuld be required as well as
1nterconnection wlth the looped f1re ~ystem tor the eXIsting CCGC slte.
The new llne shoUlti have a backf10w preventer to 1nsure thAt flow 1nto
the f!re protection lines 1s Irreverslble.
The 11nes on thls parcel Should also be looped to mInlmlze frlctlon
losses.
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Agenda Item No, 10D
COLLIES COUNTY GOVERNMENT COMPLEX UTILITIES STUDy~uly 26,2005
-page 17 of 57
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.t. 2. :3 SITE "S.. TO NORTH
..
Thef1re flow to be used for thla slte wl1l be of t'he sue aagnltuc1e as
tha t recoJlmenc1ed for the ex 1s t Ing s 1 t.e t We expec t that ana ther e" tap
froa the c 1 ty I1ne along Alrport"Road w1l1 be requ1red aa well aa
Interconnection with the looped fire syete. for the eSlatlng slte. The
new line should have a backflow preventer to Insure that flow Into the
,f Ire protectlo~ l1nea 1.1, lrrever.slble.
The l1nes on th1a pa.rcel ahoUIC' alao be loopea to 1Il1Dl_1ze fr1ctlon
losses.
4.2.4 EXTENSION OF 16" MAIN ALONG AIRPORT ROAD
whlch would. Increase both the avalla.ble fire flov
CCGC would. be the extenslon of the exlstlng 16..
Airport Road. from the In tersectlon at FranCIS Roac1.-
,
The.ain Improvement
and pressure at the
Wasserman south along
down to 'theCCGC.
The routing of this l1ne'could be down the center met11an of Airport
Road.' Th.e Count;y Is planning tmprovements to Alrport Road whlch woullS
Involve road construction. so the addItion of thls 11ne prior to the
road.work would m1n1mize road restorat10n or .reconstructlon cOBtS.
5 WASTEWATER SYSTEM
Wastewater froa the CCGC Is collected in a system of S-tnCh gravity
sewers wblch conveys ,the waste to a pump statton located east of
Bu1lc:Hng uB". The pump statlon pumps the waste th~ouqh a force maln
,whlch 1s part 6-inch and. part S-lnch and. whlch 1S man1f01C1ec1. Into a
16-1nch City of Naple. force ma1n near the tntersect10n of Shadowlawn
and Linwood. The waatewater 1. treated at the Naples WWTP.
5.1 EXISTING SYSTEM
5.1.1 COLLECTION SYSTEM
. The extent Of the grav! ty sewer system 18 shovn ln Figure' 1. The new
~ealth Services BuilC11ng wl11 also be servec1 by a gravity' sewer to be
tled. 1nto the existing collection system.
Problems have occurred in the sewers servtng the jail complex because of
ltems such as towels and shoes whi~h have been flushed into the system
by 1nmates. The' county 1S conslc1erlng the installat10n andees1gn of a
grind-er pump stat1on, to serve' the ~an to rec1uce the prOblems. We
recommend that the County cons1der a means of screenlng out the c1ebrlS
rather thanshred<11ng It.
The eXlsttng pump statton 1S operateC1 and malnta1nec1 by the county's
BUilding Services malntenance staff. not by the County Uti11tteS 11ft
stat10n ma1ntenance staff. The reason given vas that the' Utilities
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Agenda Item No.1 00
COLLIER COUNTY GOVERNMENT COMPLEX UTILITIES STUO'YJuly 26,2005
Page 18 of 57
,"
Oepar tmen t 115 an en terpr lse fund. and C10es not own or collect revenue.
for the operation of the CCGC 11ft staUon: therefore. It ca.nnot service
the pump stations. Instead. the pump statlon 115 checked by BUllcl1ng
Services staff and repa1rs are done by J&N EnVironmental SerV1ces.
5.1.2 PUMP STATION
. .
Tbe exlstlng pump statlon 115 undersized for both present and future
.flowa. Figure" shows t~e pump and system curve when only the CCGe pump
. statton 1s operating. At the best condition., when the pump statton 1s
,operating alone. the 'pump statton can del1ver apprOXimately .150 gpa.
When the downstream pump stattons are operat1ng. the output" from the
CCGC puap station 115 reduced.
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The malntenanceot the CCGe pump statlon
Hanage.ent Department staff. No records on
kept. A request of FMD waa made to record
week to asseaa the degree to WhiCh the pump
115 done by the !'aCl11tlea
pump run times are regUlarly
the run t1mea each day for a
statlon may be overloaded.
Durlng the periOd of OctOber 7 through 11. 1989. tbe pump station'
operated an average of 10.6 hours per day. The recorded running t1Jle
meter readings showed that puap *2 pUJIped all flow durlng this periOd.
Normal practice for wastewater pump stat10ns 1s to have the pumps
alternate operat10n.- ThlS cond1t1on shOUld be corrected.
The estimated present peakCCGC wastewater flow 1s 378 gpm., whlch 115
greater than the maX1mum present capacl ty of the pump statton.
A steady leak of groundwater Into th~ pump station wet well was Observed
dur1ng a survey of the pump'StaUon to determlne the eXlst1ng elevat10ns
of.the 1nfluent sewens. ThIS leak should be located and plugged.
5.1.3 EXISTING FORCE HAIN
The force maln cons1sts of 6060 I1neal feet of 6.' p1pe. 2BOO I1neal feet
of e" pipe. 7650 11neal feet of 16" p 1pe. and 1600 .11neal feet Of 20"
p1pe from the pump stat10n to the C1ty of Naples WWTP. VarIOUS other
pump sta tlons are man 1'folded to the force ma1n and S 118ul taneously
diSCharge' to the Naples WWTP.
5.2 FUTURE SYSTEM
The e~tlmates of peak wastewater flow rates were deveLoped from
esttmates of peak water c1emands based on fixtures known to ,exlst or
planned for future' facl1lt1es. . F1gure 5 shows the theoretlcal
relatlonsh1p between the number of f1xture units and the expected
cOllect1ve peak flow from them.
The fixture unlts for the eX1st1ng s1te were est1mated, for present and
,future bU1ldlngs and a rat1Q of f1xture un1ts per gross acre of slte was
compUted. The same ratiO was applied to Sites "A.' and "B" to proJect
f1xture un1ts and peaktlows tor these parcels. Table 2 Shows a summary
Of the f1xture unl~s for the eXlstlng CCGC site for the years 1985.
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Agenda Item No.1 00
July 26, 2005
Page 23 of 57
TABLE :; - SUMMARY OF FIXTURE UNITS AND PEAK FLOW PROJECTIONS
FOB EXISTING AND FUTURE COLLIER COUNTY ~OVEBNMEtU' CENTER'
FIXTURE UNITS PEAK'tLOW
<GP!I)
EXISTING CONDITIONS
CCGC Sl te
FUTURE CONDITIONS
CCGC Slte:Alone
Slte A Alone
Sl te SAlone
Slte A and CCGe slte
Sltes A. B. aDd CCG~
".932
378
e.7SC;
1.8'6
7.099
10.635
17.734
'63"
17"
522
756"
1.226 <"
FORCE MAna SIZE
CInCheS)
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COLLIER COUNTY GOVERNMENT COMPLEX UTILITIES ~iltem No. 10D
July 26, 2005
Page 24 of 57
1990. a.nd 2000. Table 3 ahows the pro,ected
flows for the cOGe slte. Slte A. and S1te B
bUlll1-out condltions.
f1xture ~n1ts and peak
for eXlst1ng and future
5.2.1 EXISTINQ SITE
! ,
SOlie mod1fication w111 need to be made to the pump stat10n and force
Ilaln 1n ord_r to accommodate future growth at the CCGC. The cons1dered
,options for the force ma1n 1ncluded (1) replace.entof the existing
. force maln or add1ng a parallel force .aln along 1 ts eX1stlng route" (2)
d1rectly pu.plng east to the new lIaster puap s-taUon 3.0!5 whlch w111 be
constructed at tbe slte of tbe Glades WWTP" (3) pump1ng east to the
proposed new 14-1nch force ma1n on Palm Dr1ve. or (4) puapIng east to
the ex1st1ng 12" force ma1n on Pa.l. Drlve whlch currently discharges to
the extsting Glades WWTP and whiCh w111 eventually d 1scbarge to the new
pump stat10n 3.05.
The CCGC pump statlon shOUld be s1zed to accommodate the peak flows of
the eX1st1ng slte and Slte ..~.~. The future Qevelopllent of Slte B could
use tbe existlng force'main to convey flow,froll Slte Bto the CCGCpump'
statlon. The proposed force maIn froD the COGC PUDP stat10n should be a
10~lnch 11ne' thls slze could accommodate the comb1ned peak flov from
all thr~e sttes.
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S.2.1.1 REPLACEPU6PS IN PUMP STATION
The capac1ty of the eX1sting pump stat10n 1s estlma~ed to be only half
of the n,qulred capac 1 ty for curren t cond 1 t lons. The pumps should be
replaced by larger capac1ty. hlgher head pumps. Inlt1ally" tbepump
stat10n wll1 contlnue to pump to the Naples WWTP. When the new South
County WWTP is constructed.. the pump staUon shoull1 be connected to the
proposed new master pump statton (PS 3.05) to be conatructed at tbe
eXIatlng Glades WWTP slte.
5.2.1.2 PUMP TO GLADES SITE
Thls alternatlve requlres the constructlon Of a lO-lnch force ma1n.
approxImately 3020 feet long. to the wet well of the new Gladea master
pump statlon. 1dent1f1ed as PS 3.05 on the constructlon ~rawl~ga of the
Colller County South Serv1ce Area Wastewater Transmlsston FaC111t1es.
5.2.2 SI TE: .. A.' TO SOUTH
Wastewater from th1s parcel should flow to the CCGC pump statlon.
If topography 11m1tat10na result 1n the sewers ln S1te "A'. 'be1ng too
deep to flow by gravlty to the CCGC pump statton then a SUe "A" pump
statIon should be constructeO WIth a 4-1nch force maIn 01scharglng lnto
the CCGC pump statlon.
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COLL 1 ER COUNTY GOVERNtlENT COtlPLEX UT I LIT 1 ES, ~H~'\~t~,~ 2~~'2b~
Page 25 of 57
5.2.3 SITE "B" TO NORTH
Slte "B" hu a pro]ected peak vastewater floW of 522 gp.. requIr1t19 an
a-Incb force aaln. TWO a1 tarnattves eXIst for the 'route of thIS. force
Ilaln (U nor th to the new lZ-lnch force aaln en Glades Soulevard. (2)
east to the eXlst1ng' 12-Inch force Ilaln on Palm DrIve. (3) West to tIe
Into the eXIstIng e-1nch force .a1n on AIrport Roaa. or <f) south to the
.a1n CCGC puap stat10n.
. Once the new force _a1n froa the CCGC master pump statton 18 buU t .to
the Glades puap statton.. the eXistlng force matn could be used to convey
flOW froll SIte "SM back to the CCGe auter pap statton.
5.2.3.1PUKP TO GLADES BLVD
Th1S alternattve requ1res the construct10n ,of a lO-incb force ma1n to'
the proposeC 14--1nCh force main at the e!J,trance to theexistlngGlades
WWTP slte on Palm Drlve. The 14-inch main ,,111 be the Cischarge l1ne
from the ~ev pump station 3.0' at the GlaC1e~.'
Thts alternat1ve would reqUire a force maIn ,a.pproX1mately 2020 feet
long.
6 IRRIGATION SYSTE8
6.1 EXISTING SYSTE8
The eXlsting irrlgat10n 5yste. 1s suppl1eC from two sources. the ponOs
on-slte and the potable. water syste.. .
6.1.1 POTABLE'WATEHSUPPLY
S1nce none of the potable vater useCS _.for irrigatiOn lsmetereC. no
accurateest1J1late of trr1gat>1on use 1s ,posSlble. However. 1f the
difference in average potable water consumption for the perlotts'January.
1986 to March 1987 anCJanuary to JUly 1988 was due to connecting the
1rrigation systell 1nto the potablesystea. then the 1mplled lrrlgat10n
use was. about 80.000 9Pd.
6.1.2 ON-SITE POND
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'l"he large pond east of the jall 1s about 3 a.cres 1n area a.nd the small
pond west of Bulld1ng "roo 18, roughly.o. 1 acre. 'The large pond reeelv~8
anC stores runoff. Water from the la.rge pond :5 pumped to the small
pond for irr1gat1on use.
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COLLIER COUNTY GOVERNMENT COMPLEX UTILITIES ,l't~ Item No. 10D
July 26, 2005
Page 26 of 57
, ,
6.2
FUTURE SlSTEr!
6.2.1
COUNTY EFFLUENT
The Bource of 1rrlgAtion water for the CCGCthat would be moat pract1cal
18 reclAl.ed water (treated etfl uen t) froa the proposed South COlller
County wastewater Treatment Plant. Dlstr1but10n l1nes carry1ng thls
water are planned to come along Pal. Dr1ve and would be relat1vely easy
to tte 1nto. The cost of the recla1.ed water WOUld be less ~h&D that Of
.'the potable water now used.. The avallabl11ty of the ,water WOUld be more
re11able than rely1ng on the large pond. The:qreclai.ed water should be
chem1callyevaluated for compatlb1l1ty w1th vegetat10n to b~llrr1gatea
at the CCGC.
There 1s'now an a-lnch effluen't line gOlng froll the eXlstlng Glades WWTP
north along Pal. Drive to an effluent storage pond and also to the
Glades Golf Course. Th1s 11ne could be tapped and used to convey
reclalmed water to the CCGC at Harr1son Road.
The use of reclalmea water for f1re protection was consldered. However.
the deslgn englneer .!Stated that the reclalmeawater system woulc:2 .Dot be
constantly pressurlzed and 'woulc:2 not be .. reliable source for fire
protectlon.
6.2.2 ON-SITE WELL
Another pOSS1~1l1ty of irrigation water supply ls that of installing a.n
OD-slte well. Hovever. with the ready a.vailabll1ty of reclalmed water
this 1s not a pract1cal alternative.
,6.2.3 EXISTING SITE
The estlmated green space requlrlng irrigation for the future CCSO on
the eXlstlng slte 18 20.6 acr&s. Thls was Oetermlned by planlmeter1ng
the 81 te map and adjusting for proposed constructton. USing an
1rr1gatlon app11catlon rate of 0.25 1nches/day resultec:2 in an esttmated
lrrlgatlon requ1rement Of 0.14mgc:2.D1V101ng thls rate by the gross
acreage of tbe present site <.2.97 acres) gives an irrIgation rate of
0.0034 mgd per gross acre. Thls 1rr1gation rate was used to pro,ect the
irrigat-1on requlrements Of Sites "A" and '"S". As a. check for
reasonableness. the observed d1fference in potable water consumption
attributed to 1rrlgat1on usage averageO eo.ooo gpo over a four-month
perIOd..
6.2.4 SITE "A" TO SOUTH
Site "An has a gross "area of 9.05 acres. Using the gross acreage
irrIgation reQUlrement developed for the CCGC eX1sting SIte. a proJected.
1rrIgat1on flow of '0.0308 MGD was calculated.
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COLLIER COUNTY GOVERNMENT COMPLEX UTILITIES ~m jt~I~2~~'21~~
Page 27 of 57
6.2.5 SITE ..S" TO NORTH
Sl te "B" ,has a 9resl area of 36.6 acres. Ulln9 the groBI acreage
lrrlgaUonrequlrement df!vel.oped for the CCGC exlstlng site. a projected
irr1gation flow of 0.124 MGD was calculated.
6.2.6 TOTAL PROJECTED IRRIGITION REQUIREMENT
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The total projected irrigation require.ent for all three parcels 1s
0.295 agd.Assumlng that the mlnlmu. tl.e perlod dur1ng whlch this
quantlty of water would be drawn from the reclal.ed water system would
beS hours. the peak re,cla1med water demand voulC be 0.885 mgd. This
wouldrequlre a 11ne not lugertha.n 8-inch diameter.
The l!yste. woult1 be best control1et1 ustng a level-sensor ,in the lake at
the COSO. Depletlon of the waterln the lake by lrrlgatlon vould lower
the lake level. prompt1ng a control valve on the lrrlgat10n pump auctlon
to open to u,se reclaimed water lnstead of pond water. ' Aa the pond level
lncreases due to replenushment by ra1nfall ,or groundwater. 'the control
valve would revert back to the ponC water supply. During much of. the
yee.r. runoff froa the OCGC slte w111 contrlbute most 1f not all of the
requ1re(1 "irrigat10n. waterJ however. dur1ng the drier wlnter months. ,much
'of the irr1gation ,water would be l!uppl1ec1 by the reclaimed water system.
7 PEAK FLOW PROJECTIONS '
7~1 FIXTURE UNITS
The es ~.1 m& tes of peak wa tel" and was tewa ter flow ra tes. for s 11 1 nc; water
ma1ns and wastewater force mains and. the slte pUJllp stations were made
us1ne; '"fixture units". ,Thls concept.1s d1scussed 1n wpor MOP 9 "Oeslgn
and ConStructlon of Sanitary and Storm Severs". .
srlefly stated. each type of f1xture (1.e.. tollet. lavatory. Sink..
shower> haa a certain "flxture un1t.' value whlCh equates to the gpm
wh1chthe f lxture 1 taelf de.an'da from a water supply or conn It)utes . to
the wastevater system when In use. Totall1ng the number of fixture
units 1n a system &n(1 entering a graph (see F1gure 5) then gtves.the
expectea peak flow from' the systea. The graph 1S based on statll!tlcal
studles which have shown that all flxtures 1n a system do not contr1bute
flow SImultaneously.
The dlscusslon of f1~ture units in WPCF ~OP 9 stated that theflowl!
der1ved from the theoretical graph werer larger than actually observed 1n
operating systems. For this stUC1y we have moC11fleC1 the graph to g1ve
flow esUmatee whiCh are 60r. of the theoretical flows. based on
Informat1on tabulated 1n MOP 9.
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Table 3 sUlIuDar1zes the fixture units for bUllc11nga on the eXUlt1ng COGO
property for the next 20 years. ' Those numbers labelled Ft!D or TAD were
obtalnec1 from county staf,f determinat10ns or estimates. Thoae numbers
labelled PR were prorated based on eXlst1ngratlosof Sinks to the sum
of tOl1ets and urlnals or were prorated based on ratiOS of lnd1vlc1ual
fixtures to gross bU1lding area.
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Agenda Item No.1 OD
COLLIER COUNTY GOVERNflENT COMPLEX UTILITIES STUO'YJuly 26,2005
i5age 29 of 57
7.2 PEAK FLOW ESTIMATES
The peak flOW ratee for a.ny e1te were proJectea basea on the total
fixtures for tJlat slte. not on tbesum of the indiVidual bUl1d1ng peak
flOW ratea.
7.3 PER CAPITA FLOWS
.
Per capita ftows used to develop average ~aS1Y water and wastewater
flow.vere aa g1ven 1n tbeCOll1er Count)' Growtb Management Plan. To
estimate tbe' nuaber of emplo)'eea 1n bul1dlngs other than the :taU. an
average of one employee per 100 square feet of gross offleespa.ce was
used.
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Agenda Item No.1 00
COLLIER COUNTY GOVERNMENT COMPLEX UTILITIES STUDYJuly 26,2005
Page 30 of 57
e
CONCLUSIONS AND RECOMMENDATIONS
The fIn01ngs of thls study are sUJllmar1zed as fOllow:
The requIred fire flow at the'CCGC. as def1ned by the East Naples Flre
Department ln accordance wlth flre lnsura.nce ratIng procedures. Is not
presently achlevable. The three maJor f1re flow requlremente on the
CCGC slte are for the jaIl (3375 gpm) and BUI1dlng F <2784 9pm) and for
the proposed Health Servlces Bulldlng (1593 gPJl). The eZlsUng flre
. protect1on systea can del1ver 1000 to 1200 gpa maximum.
Mod 1 fIcat1cns may be made to the ja11 and BUUdIn; F wh lch can reduce'
the rlsk and. therefore. the requlred ftre flow. The. .o~1f1catlons
should also lower the cost of flre 1nsurance. The County Should d1scuss
thiS W1th theIr arChItects.
The current peak potable water demands and correspondIng peak wastewater
flows for the CCGC slte have been estimated to be approxlmate1y 378 gpm.
The future peak demands' and wastewater flows for the slte have Deen
pro,ected to be 638 9pm.
The eXlstlng wastewater pump statton Is underslzed for the current
vastewater flows. The max1muII flow rate whlch the pump station can
del1ver Is 1n the range of 122 to 178 gpm. whlCh Is one thlrd to one
half of the current esUmated peak flow to the stat10n. '
T~e ~oat practical method of 1ncr~aainq the capability of the CCSC pump
stat10n 1S to first 1nstalf larger pumpa. At the tlme that the ne~
Glaaes Master Pump Statlon (PS 3.05) Is constru~ted a new IO-inch force
aa1n should be constructed fros the' CCGC pump station to PS 3.05.
Presently. 1rrlgation water for the slte 1s w1thdrawn trom the ponas,on
the slte and supplementea WIth potable water. The~e 1s a force maln on
Pal. Drlve which supp11es treated effluent froll the Glades WWTP to the
Glades golf course. ThiS l1ne Will eventually be tied lnto an area-w1de
reclalmed water d1str1bution system. The CCGC 1rr1gation vater shOuld
,be obta1ned ,froll thlssystem. Des1gn of these systems 1s not ln the
scope,of our servlces.
The ma1n restr1ction
~long AIrport Road
obtalned. FIre flow
41.
1n the vater supply to the CCGC 1s the 6-inch l1ne
from. whICh botb potable and flre flow water ls
1s also wlthdrawn from the a-inCh l1ne along Route
Based on the findings of tbls study the fo1low1ng Improvements are
recommended. All Improvements have been ldentlfled on F1gures 1 and.2
Of thls report. '
PHASE I - Immedlate need
o
Construct on-s1te water system 1mprovementa Includ1ng:
AnS-lnch potable water I1ne troll Route 41 to the eX1stlng
water malns on-a,lte near the ja11:
An 8-lnch flre water 11ne from Route 41 to the eXlstlng
6-1nch ana 12-1nch fIre flow loopa:
Interconnectlons between the eXIsting fIre flow lOOps;
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, ' Agenda Item No. 10D
COLLIER COUNTY GOVERNMENT COMPLEX UTILITIES STUD~~~/361' ~~g~
New fire hyc1ran ts near 8ul101ngs F and C:
o Negotiate w1th the C1tyof Naples for the extension of the
I6-lnch water maln from the Intersection ofAlrport ano Frances
Roads t1ownto the 1ntersectlon of A1rport Road and Route 41.
o cons truct on-s 1 te was tewa ter sys tem lmprovellen ts lnc 1 ur.S1ng:
Change the wastewater pumps to 20 HI? models and upgrade the
pump statton to collier County standaros:
CQntract wtth the collier county Utilities Department to
operate and matntatn the pump statton.
o Construct a reclaimed water 11ne frOm the eXlst1ng force main on
Palm Drive to the on-Site pondS.
PHASE II - Future need
o cons truct an adC11 tlonal f lre lOOp to serve the proposed bUl101ng
at the north end of the slter
o Construct a new 10-lnch force main to the proposed Glal1es Master
Pump statton 3.05.
90l?INION OF PROBA~r..E PROJECT COSTS
PHASE I
On-slte water piping
New 16'"' water l1ne 1n A1rpor t Road
Cbange wastewat.r pumps
Reclaimed water supply Itne
Cont1ngencles . 25 ~
su~total construction costs
Other pro]ect costs . 151
PROBABLE PROJECT COST
PHASE !!
On-site water piping
New waste~ater foreemaln
Contlngencles ~ 25 ~
S~btotal construct1on costs
Other proJect costs t 15S
PROBAa~E PROJECT COST
:9186..000
172..000
20..000
22..000
75..000
:91375,000
56..000
$431.000
:9184,000
106.000
4e.000
$238.000
36..000
$274.000
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DEc-e2-84 81:5e P" AGNOLI BARBER BRUNDAGE
259 566 2285
,.
Florfda Department of Environmental Regulation
South District · 2295 Victoria Avenue,' Suite 364 . Fort Myca, Florida 33901
lAwrun 0Ulca, Guwm.or CaRlI M. llIUI\oncr. s-...,.
October 28, 1992
'l'hOJllaS I. Conrecode
Direc~r, capital Project. Kanaqeaent
3301 Taaiaai Trail E Building P
Naples, Plorlda 33962
Re: Col.lier Coun~ - OW
Collier County GovU'DIlent
center Pha.. IX
Sewer Collection By.tea
(Collier County South Reqional
WWTP)
CSll-213788
. Dear Mr. ConreCOde:
w. have reoeived a certificate of partial coapletion of '
construction dated October. 23, 1992, a. sUbmitted by Predarick G.
Bob, P.E., Agnoli, Barber' Brundage, InC". for the project
authorized by the above penaitnWlber. Accordingly, the
&eWer collection eyetem excluding the portion Eaet of the Winter
Parle canal _y be placac:l into ..rvice.
Sincerely,
Philip R. Edwards
Director of
District Hanaquaent
PRE/CWikla
cc:Prederick G. Hola, P.I.
Fred Bloat_char
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Mr. Paul Mc Alli~er .
City of Naples Public Works Department
295 Riverside Circle
Naples, Florida 34102
Re: Collier County Government Complex -Naples Jail Center addition
August 12,2002
Dear Sir:
Our firm is currently designing an addition to tb.e Naples Jail Center located in the Collier
County Government Complex which is serviced by,the City of Naples. Our water and
wastewater flow demand ~d generation is as (ollows: ,
Second Floor
Future Third Floor
Staff
Number
240
240
75
Per Cipita
floW" Daily, Flow
'GPCD GPO
100 24,000
100 24,000
15 1,125
49,1:25
Peak Peak Daily Peak Daily
Factor Flow Flow
GPO OPM
4 96,000 66.7
4 96,000 66.7
4' 4.500 3.1
196.500 136.5
Inmates:
* Reference PAC 64E-6 StII1r!Iards For On,Ue Sewage 7i'.auntint And Disposal Systems
Inmates - 100 gpcd like nursing home and hotel
Staff - 1 S gpC"d/shift like office worker
We Y'iil be connecting to the internal potabl~ and fire mains currently located within the Collier
CoUnty Government Complex. City of Naples approved backflow'prevention valves ~e
currently installed as water is provided to the site. Wastewater will be discharged into existing
sanitary sewer located within the Government Complex. These sewer lines drain to the existing
campus pump station which discharges off site to, the City of Naples Wastewater system.
Please provide me with Letter of Water and Wastewater Service Availability so that we can
process site plan approval tb,rough Collier County and so that we may process a Conditional Use
and Variance Request. '
Thank you for your assistance in this matter.
. e:~~~~.
Craig J. Pajer, .E.
ARCHITECTURE ENGINEERING' ,. CONSTRUCTION
5150 North Tom.lomi Trail, Suit. 600 . Naplu, Florida 34103
941,263.3700 · Falt: 941.263.9117
License #AA000334S
-""",'~-",,-~ "_..-...._.~.,. -.~-_. -.-._.,......_ ...h_.._.__...... _...__.._.....
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...----....
DEPARTMENT OF DEVELOPMENT SERVICE~
August 21, 2002
Craig J. Pajer, P.E.
ABC National
5150 North Tamiami Trails Suite 600
Napless Florida 34103
Re: Collier County Government ComDlex - Naples Jail "Center Addition
Dear Mr. Craig: .
This letter attests that the subject property is within the' City of Naples water service area.
As such, "allocation of capacity will be assured when the project bas received City
. approval. The site is now being served with a 4-inch meter. You will need to check this
size to assure compliance. If it goes over the 4-inch there ,will be additional fees,
The sewer gravityline and lift station belongs to Collier County.
CITY OF NAPLES
IW/n.!;~
Paul McAllister
Engineering Plans Review
PMlpd
FACSIMII.S (941) 213.5010 TELEPfoIONE (941) 213.5000 SUNCOM 71 1.50Q<j
.,nc Qll1c:gC:lnlO r.IRI""J F . NAPI F.5. FLORIDA 3410206796
Ct
( AEC")
, /
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_."... .._. ........w<_-_v. . -......._...___ .._ ..__.__......~~.~,......<.._..."._w ." ".
. . ,/
... .." ..,."
Mr. Paul Me Allister
City of Naples. Department of Development Services
295 Riverside Circle
Naples, Florida 34102-6796
September16.. 2002
. . t
Re: Collier County Government Complex ~ Naples Jail Center Expansion
Dear Mr. Me Allister:
Enclosed are two sets of plans for the referenc~d project. Please, review and, 'advise if there are
any sp'ecial provisions you would like us to incoIporate into the design.
Thank you for your assistance inthis.matter. .
VerytrulY,YOUIS, e
~~.~?~.
Craig 1. Pajer, P .E.
ARCHITECTURE ENGINEERING, CONSTRUCTION
5150 North Tamiomi TrQil, Suite 600 . Naples, Florida 34103
(239) 263.3700 Fax: (239) 263-9117
Licen.. #AAO00334.5
.--'-.......'..........~..a---__.-.____...______.._._,..."..'_..M._~.~ ... ._____......__.__.... ..._..___.. _.... "'__. __ .____... _..._. _ ..,..
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DEPARTMENT OF DEVELOPMENT SERVICES
November 19,2002
Craig J. Pajer, P.E.
ABC National
5150 North Tamiami Trail Suite 600
Naples, Florida 34103
'. . ---,." '_._~
RE: Collier County Government Complex
Naples Jail Center.Expansion-'-- .~ . ,- '~~
~::-.. ~
Dear Mr. Pajer: .___ L:="'~". ---.--.. ~ _ ~r-
The City has revre;~L- the su~~-:::;o~e above name project and has no objection to
the construction.
If you have any 9ues . please do ~9t
---~--
Sincerely,-~,~~,. ~,;o.
~. ..to"'-
,....-':'~~~~
CITY OF NAPLES
1~:>>1!~
Paul McAllister
City Engineering Plans Review
FACSIMILE (1141) 213-5010, TElEPHONE (941) 213-5000 SUNCOM 717-5000
295 RIVERSloe CIRCLE . NAPLES. FCORIDA 34102-trnl1l
From:
Sent:
To:
Cc:
kurtz-9
Monday, July 21, 2003 9:39 AM .
sridhar b
EtelamaklMlke; haydenJ>
,~\
sandy, Thanks for your help on the Linwood force:main. I talked to Bob Middl,eton Friday.
He said that he thought the forcemain is owned by the County. So I asked: d.oes that .mean
we could redirect the flow and abandon the pipe without any input or objection from the
City? He said not necessarily. He said he remembers some kind of agreement between the
City and the County.... ....... that the County may be obligated (?) to continue the flow
to the city. He said he will look into this and call me back.
Sandy can you look into this on your end. Do we own the pipe as Bob says and if there is
an agreement, do we have a copy?
Jerry Kurtz, P.E.
Collier County Road Maintenance
Horseshoe Square, Suite it 214
2685 South Horseshoe Drive
Naples, Florida 34104
Email :
Phone:
Fax:
jerrykurtz@colliergdv.net
941-732-2501 .
941-659-5790
1
k .
Agenda Item No. 100
July 26, 2005
Page 38 of 57
hayden_p
From:
Sent:
To:
Cc:
hayden-p
Friday, August 15, 2003 10:25 AM
SridharSandy.
EtelamakiMlke; 'Feder_N; DeLany_Jim; kurtz-9; wides_tom; MullinWilliam; 'Bmiddleton (E-
mail)'; camp_s; mudd~; wiley_r ,
RE: Linwood Improvements
Subject:
Sandy,
We will send a letter to the Naples City Manager requesting that the current wastewater
service be terminated at the County Complex due to the conflicts with the existing 6"
force main and the proposed Linwood Stormwater improvements~
Could you please find out who has the authority to make this decision in Utilities or do
we have to take this to the BCC before we can amend the agreement between the County and
the City?
Thank you,
Peter
peter S. Hayden, Project Manager
Collier County Stormwater Management
2685 South Horseshoe Drive, Suite 214
Naples, Florida 34104
Tel: (941) 732-'2501
Fax: (941) 659-5790
E-mail: PeterHayden@colliergov.net
Web Site: http://colliergov.net/stormwater/
-----Original' Message-----
From: SridharSandy
Sent: Wednesday, August 06, 2003 1~30 PM
To: hayden-p
Cc:kurtz_g
Subject: RE: Linwood Improvements
Peter:
A rough calculation
GPM. However it is
probably lower'than
Administrator so he
considering a 6" pipe
based on 24 hr. flow.
200 GPM. I needed the
can make a decision OR
and 2 ft/secflow, tells me it will be about
Since this is a business, the flow rate is
information to write a fact sheet to our
the impact.
20.0
I was talking to Bob Middleton, today. He suggested that we request via. letter to the
City Manager to abandon the FM. It will be better ifwe'have something in writing from
you, referring your project etc. so we can start the process. I believe both the City and
County have to amend the agreement.
I discussed this issue with my Supervisor and Administrator. I believe Jim D is going to
discuss this issue in the meeting tomorrow where Norm F is expected to attend. Hopefully
after that I will get a direction as to what is the next step. The paper work will take
more time because we got to get it thru both City and County Board.
1
, Did you all run a cost analysis of the options we have?
... fo',
Agenda Item No.1 OD
July 26,2005
Page 39 of 57
Thanks
SandY.
-----Original Message-----
From: hayden-p
Sent: Wedne$day, Augu$t 06, 2003 11:17 AM
To: sridharSandy
Cc: kurtz-9"
Subject: Linwood Impxovements
Sandy,
I received your voice me$sage concerning the capacity of the 6" force main. I do not have
any information on the force other than it is a 6" pipe. Have you heard anything from
your sup~rvisor or the City of Naples about abandoning the' pipe?
Thank you,
,Peter
Tracking:
Recipient
SrldharSancly
EtelamaklMlke
Feder_N
DeLany_Jim
kurtz-lj
v.1des:.,.tom
MulllnWllllam
'Bmlddleton (E-mail)',
camp_s
muddJ
wlley_r
perryman_d
Read
Read: 811512003 10:29 AM
Read: 811512oo31:52PM
Read: 811512003 10:42 AM
Read: 811512003 2:12 PM
Read: 8115/200310:32 AM
Read: 81151200310:55 AM
Read: 8115/2003 12:21 PM
Read: 8115/200310:55 AM
Read: 81161200311:07 AM
2
hayden_p
From:
Sent:
To:
Cc:
Subject:
Agenda Item No. 10D
July 26, 2005
Page 40 of 57
SridharSandy
Friday, August 22,200310:25 AM
kurtz-9
haydenJ)
Linwood Stormsewer Project
Attachments:
FACT SHEET.doc
Jerry:
In continuation of our conversation this morning, I am attaching you my fact sheet. There are lot of question and few
answers. Please call me if you need any other information from me.
- Thanks
Sandy.
~.'..'
I:!J
FACT SHEET.doc
(33 KB)
1
" .
Agenda Item No. 10D
July 26, 2005
Page 41 of 57
~~,,;.
.i
LINWOOD AVENUE STORM SEWER. PR.OJECT
FACT SHEET
DATE 08/01103
SUBJECT: Force main m"itltained by the County to be abandoned due ~o a contlict with Storm
Sewer Project.
1. Purpose: To redirect the force main currently serving'the Courthouse, which is connected
to the City of Naples System to the Countysystcm. thereby the County will process the
wastewater.
2. B4ckgroundlCoDltderadoDl:
. The Stormwater Department bas a project currently at 90% design phUe to build a
storm sewer, along Linwood Ave. There is a six-inch force main serving the
Courthouse in conflict with the proposed storm sewer line. The force main is
maintained by the County, which pumps sewage to a lift station maintained by the City
@fNaples. '
. A meeting was held on July 31, 2003, between Bob Middleton, Utility Dirc;ctor of the
City. of Naples, the County Wastewater Collections Department representatives,
Stormwater Department representatives, and Facilities Management staff. .
. The Stormwater Department would like to know if the force main. could be 'abandoned
due to the numerous co~icts with the proposed storm sewer.
. Bob Middleton said that the force main belongs to the County, and therefore, the City
of Naples will not have a problem in abandoning the force main;
. Bob Middleton said th8.t an agreettlfmt exists between the City and County that water
and wastewater for the Courthouse will be supplied by the City's system. The
agre~t has lobe' amended to remove the wastewater processing for the Courthouse
from their system. . .
. Due to the timeline restrictions involved by the Grant Program, the Stonnwater
Department is required to build the project begipning this fall.
. The wastewater flow from the complex can be redirected through the 'existing pipe
within the Courthouse (South) 'or at the intersection of Glades Boulevard and Airport
Pulling Road to a lift station at Palm Drive maintained by the County.
. The rough estimate of flow rate is calculated to be 200 GPM.
. Flow will not be an issue for the CQunty because the South Wastewater TreatD;1cnt Plant
is expected to be on line by J811uaty '04. As a back up, the County currently is in the
process of constructing a City-County Interconnect System. Construction work is
expected to be completed by OCtober '03, and therefore, the interconnect can be used to
divert the flow to the City's wastewater processPtg system temporarily, until the south
plant is ready.
..<'1:,."lI'
Agenda Item No. 10D
July 26, 2005
Page 42 of 57
Fact Sheet
Date August I, 2003
Page 2
· After further investigation, a copy of the agreement is in file with the PUED, and per
the agreement there is a possibility of redirecting the flow to the County System.
3. Future Actions/Considerations:
· Is there an impact fee involved in this situation? If so, who is responsible for paying the
impact fee?
· Since the initial agreement was initiated by the City of Naples, should they initiate to
amend the agreement? .
· If an amendment to the agreement were necessary, would the department responsible to
write the agreement for the Board's ratification be Facilities orPUED?
· If there is any Engineering work involved, 'will the Stormwater Department be
responsible for the force main relocation/abandon design and construction costs?
4. Fiscal ~paet:
· The magnitude of the cost varies from $15,000 to $50,000 depending on the decisions
made on the above issues excluding impact fees.
· The County will save approximately $15,000 per month.
s. Options:
· The force main can be dipped, or directional bored through the entire length. However,
the project cost will be high.
· Since the County is in the business of public wastewater collection and processing, this
stormwater project will be an opportunity to connect the Courthouse wastewater to the
County System, which is preferable,
6. Recommendation:
· Staff recommends:
· (a) Mr. Oolony to direct the Staff as to how to proceed further in resolving this issue.
· (b) Mr. Delony to discuss the issue with Mr. Norm Feder the possibility of Stormwater
Department to pay the Impact fees.
· (c) Mr. DelonyP to discuss the issue with Mr. Norm Feeder the .possibility of the
Stormwater Department to pay for the design and construction of the force main
redirection to the County system.
~ ,..-
.:'-;-"("6,.1 C" IV i r'l.
'.
>,.
ONOLI
ARBER &
RUNDAGE. lNe Professional Engineers, Planners & Land Surveyors
'1
7400 Tamiami Trail North, Naples, Florida 34108 .
Phone: (239) 597-3111 Fax: (239) 566-2203
MEMORANDUM
TO: ' Mr. JackCrogoale -
. FROM: Dominick J. Amico, Jr., P.E.
DATE: March 25, 2004
SUBJECT: ColDer County Courthouse Wastewater Service
Introduction
The purpose of this report is to document the findings of a study conduetedto assess the current and future
~astewater service provisions at the above referenced projeCt. This report is an update to the wastewater
segment of a Utility study prep3red in 1988 by Wilson, Miller, Barton, SolI & Peek, Inc. (attached as Exhibit A). .
The recommendations of the IgS8study were implemented by Agnoli, Barber & Brundage, Inc. plan sets 2669
prepared in Jan, 1990 and 3391 prepared in Jan, 1992..with the following exceptions. The site is currently
served by the City of Naples Utility Department. The ABB phase 2 plans called for connection to Collier
County facilities located on Palm Drive east of the Courthouse property. Due to utility franchise issues. the '
connectionS'to the County system were never made and the increased capacity onsite for the complex was never
re~zed. .
E:Dstfne: Conditions
,The Courthouse co:rnplex utilizes a network of gravity sewers that collect wastewater from the various buildings
and useS and conveys them to a master onsite pump station. This pump station transmits tb;ewastewater offsite
to the City of Naples' treatment facility for treatment and disposal. The oosite pump station discharges into a 6"
force'main which is located on the property. This force main exits the property near the entrance on Airport
Road and travels north on Airport Road to Linwood Ave; west on Linwood Ave to Commercial Drive; north on
Commercial Drive to Ii manifold with a 16" main on US 41 East. All of the aforementioned force main is 6"
with the exception of a $ma11 section of 8" on ~nwood Drive.
The onsite master pump station is a privately 'owned-pump station. It is owned by the Board of County
Conunissioners. The operation and maintenance entity responsible for this station is the Collier County
Wastewater Department under a separate contract with the BCC. County standards in effect at the time of
construction were used in the. design of this. station.
1
t~"
. Agenda Item No. 100
A ,,mnp, test was perfonned on the' existing pump station on March 25, 2004. The results of this _ 5
rm the attached Exhibit B. The flows produced by the pumps were somewhat erratic. These inconsIstencies
may be attributable to the various downstream pump stations cycling on and off. The Donna I operating capacity
based on the test is between 160 gpm and 400 gpm.
ProDosed Conditions
The ultimate build out ofthe master plan for the Courthouse was derivec;l from Phase IV MasterPlan (2017)
prepared by Spillis Candella & Partners, Inc.,. This document is the basis of a PUD zoning case cmrent1y being
prepared for Collier County for the Courthouse property. A summary of the build out facilities is recorded as
shown in Exhibit C. Wastewater generation rates for various uses were obtained from Chapter 64E-6 of the
Florida Administrative COde (refer to Exhibit C). This code is used to determine septic tank sizing parameters
. throughout the State and is a recognized source of wastewater estimating factors. Computation of the expected
wastewater generation for the site yielded a daily flow of near 270,000 gallons per day. Using an Equivalent
Residential Connection (ERC) value of3S0 gpd/ERC, this wastewater flow equates to 768 ERC's. The ERC
estimate is usually the basis for computing impact fees for non~resideiItial connections. Conversion of the daily
.flow to instantaneous peak flow using retwn periods for the various types of uses and the peaking factor
equation. found in the GLUMRB, a peak required pumping rate of l,234.gpm was calculated.
Analvsts
Using the required pumping rate of 1,234 gpm as the design parameter, the two possible sceriarios for
wastewater service were analyzed. The two scenarios are; modification of the cunent pump station to produce
the required p.umping rate while maintaining connection to the City's system, an~ pursuing the connection to
Collier County's system as preViously planned. '
City System Analysis~ As previously mentioned, the offsite force main is primarily 6" size~ Ris made of almost
entirely cast iron pipe which has been in the ground ror at least 30 years. Applying basic hydraulic calculation
methods to only the 6"portion of the offsite force main, the p~ necessary to transmit the required
wastewater flow is 1,620 feet or 702 psi. No commercially available pumps meeting this operating condition
exist as these pressures are usually considered to be an unfeasible operating condition. If a pump were available
for these conditions, their operation would damage the existing force main as well as the other downstream
pump stations manifolded into this line.
Theoffsite 6" force main is oyer 9,100 feet in length. Much or all of this main would need to be repl~ed with a
10" or 12" force main. Detailed hydraulic analysis would need to be done in order to accurately determine the
necessary size since the simplified analysis conducted here only considers the Courthouse flow and not the
many possible downstream pump stations that contribute flow to this force main. Replacement of this 6" main
with a 12" line would di-op the required delivery pressure to approximately 83' which is within the standard
pressure range for pump stations of this nature. A Flygt model 3201 with 462 impeller, 47 horsepoWer would
be needed to use this option. The potential construction cost of this alternative is presented as Exhibit D.
County System Analysis: As previously mentioned, certain improvements exist on the property which were
designed to provide wastewater service to the site via the County system. A 1,400". 1 0" force main was
constructed through the site and terminated approximately 60' short of the tie in point on Palm Drive with a 12"
County force main. This 12" force main terminates at the Glades master pump station, approximately 1570'
east on Palm Drive. The pressure needed to be developed by a pump to deliver 1 ,234gpm using this force
main route is 37 feet or 16 psi assuming as high as a 10 psi tie in pressure. This flow can be produced,by a Flygt
model C..320l with a 636 impeller. This pump is a 3S horsepower pump.
2
Agenda Item No.1 00
., . July 26, 2005
t~: . . I . . Page 45 of 57
_ 'The eXisting pump installed in the pump station is a 20hp Flygt, model C-3152 with impeller 454. This pump
is a high head pump used to overcome the previously mentioned head conditions in the City system. The pmnps
are approximately 12 years old but still appears to be in good Condition. If the existing pumps are connected to
the County system. by means of the minor work needed to accomplish this, a maximum pumping rate of
approximately 900 gpm could be realized. This rate is substantially higher than existing and is near the ultimate
computed needed 'pumping rate and would therefore "py some time" until the build out of the site is proposed.
, . (
The potential construction cost of this option ispresentecfin Exhibit E. IftheiDterim suggestion proposed
above is iInplemented, the pump station modifications ca:nbe avoided. The majority of the cost associated with
this option are the county impact fees which would need to be paicLlri:J,pact fees must have been paid to the City
as construction offacilitieS at the complex were performed. The likelihood of some rebate should be explored
by County legal staff as a means to defray these costs.
Pump Station: An assessment of the existing pump station was made during the recent test session.
Additionally, the design drawings of this station were reviewed to determine the adequacy of the wet well for
the modifications needed to serve the site. The following observations would be valid whether the project
would connect to the County system or, remain on, the City system modified as recommended.
During the flow test reported in Exhibit B,the physical condition of the pump station was also inspected.
The station was found to be in very good condition and should not need major rehabilitation at this time.
Recommendation:
Maintenance of service provisiOn by the City appears cost prohibitive. The most feasible method to provide
wastewater service to the Courthouse complex is by switching service to the CoUnty system located onPalm
~ve. .
W,e recommend that the following actions betaken;
1. Contact City Utility officials to determine the necessary steps to move the Courthouse coJD..plex from the
City wastewater franchise area and include it in the County franchise area.
2. If the legal issues are satisfactorily addressed, contract with a design professional for the preparation of
construction documents to implement the interim improvements recommended above.
3. Perform pump tests and monitoring on the station throughout the building program to detennine ifpump
, replacement with those recommended herein is necessary.
3
\.
Agenda Item No. 100
July 26. 2005
Page 46 of 57
'e:. I':.
1i'li9l1lr'5!k
~~Il~hGNOLI
[\jD
~~ARBER &
!~ji!N ((;;lIlil'Jrf3
:nt:lr:~$:;":r:'~
(.'~';'i,,";'~"'~RUND' AGE lNe
.,....... .. ,,"' .:t"1., .
EXHIBIT B
PUMP TEST REPORT
PROJECT
Collier County Government Center Lift Station PN 04-0029
DATE 3/25/04
WITNESSED BY Jim Bailey (ABB). Paul Ra~e (J:nstrumentation Teclmician. Collier
County. Wastewater Collections)
TYPE OF LINE
X FORCEMAIN
PRE-TEST
POTABLE
IRRIGATION
FIRE
PUMP #1 TEST BEFORE PUMPS 11JRNED ON GAUGE ON 3-W A Y VAL VB
DIAMETER 6 INCHES. D
STATIC PRESSURE 48 PSI
TEST #1
PUMP #1 TURNED ON 1ST
DIAMETER . 6" INCHES. D
PUMP #2 TURNED ON 2ND
DIAMETER 6" INCHES. D
FLOW PRESSURE 44 PSI 400 GPM
FLOW PRESSURE 44 PSI 308 GPM
EA X 2 = 616GPM
PUMPS SHUT DOWN
TEST #1.
PUMP. #2 TURNED ON 1ST
DIAMETER 6" INCHES. D
PUMP #1 TIJRNED ON 2ND
DIAMETER 6" INCHES. D
FLOW PRESSURE 37 PSI 363 GPM
PUMPS SHUT DOWN
FLOW PRESSURE 43 PSI 52 GPM
4
01;, ·
f
,
Agenda Item No.1 OD
July 26, 2005
Page 47 of 57
"
. '
TEST #3
PUMP #2 TURNED ON 1ST
DIAMETER 6" INCHES. D
PUMP #1 TURNED ON 2ND
DIAMETER. 6" INCHES. D
FLOW PRESSURE 37 PSI 390 GPM
FLOW PRESSURE 42 PSI 160 GPM
REMARKS: Test # 3 was run beQuse of the Illl'2e fluctuation between test #1 and #2. The
third test had the Dressure in an acceDtable ranile.
The overall condition of the wet weD and Dlumbinl! as well as the vault and ~lumbinl!
aDDeared in verv l!ood reD air.
Exhlblt C .
-CIoMIlr--
1"lool\fMIIII___f7
~n._t ~~.....----_..,___t-...,
-
")
Agenda Item No.1 OD
July 26, 2005
Page 48 of 57
-
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., i
Agenda Item No, 100
July 26, 2005
Page 49 of 57
Exhibit 0
Collier County Courthouse Campus
Preliminary Predeslgn Opinion of Probable Construction Cost
Improvements to City of Napl..' Waltewater System
3/25/2004
Unit Total
Item Amount Unit Cost Cost
New 10" to 1-2" PVC Forcemain 9100 LF $35 $318,500
( Incl fittings, valves, jacklbores, etc.)
(note; pipeline improvements to be given to
the City upon completion)
Restoration of forcemain route 9100 LF $25 $227,500
New 47 HP Rygt Pump Station 1 LS $95,000 $95,000
(the existing station will not accommOdate
pumps of this size)
Modifications to Downstream Pumps 10 EA $15,000 $150;000
(unknown qunatity at this time)
Subtotal $791,000
25% Contingency $197,750.00
Subtotal $988,750
15% Design/Survey $148,312.50
Total $1,137,063
.. :;..~ ~~
Agenda Item No.1 00
July 26, 2005
Page 50 of 57
exhibit E
Collier County Courthouse Campus
Preliminary Predesign Opinion of Probable Construction Cost
Improvements to Connect Campus to County System
3/2512004
Unit Total
Item Amount Unit Cost Cost
Connect to exist 12" FM in Palm Drive 1 LS $12,000 $12,000
( inel fittings, valves. jaek/bores, etc.)
New 35 HP Flygt Pumps · LS $15,000 $15,000
Subtotal
$27,000
$6,7Sq.OO
$33,750
25% Contingency
Subtotal
15% Design/Survey $5.062.50
Constrvctlon Total ,.//~ .;;:~~3)
r, ,--.__-
"'....-. -
Impact Fees".
768
EA
$2,970
$2,280,960
Project Total
$2,319,773
· Could be postponed until buildout is achieved.
.* Some of these fees would be postponed until the future construction is permitted.
-
COLLIER COUNlY FACIIJTIES MANAG
3301 East Tamiami ~ · Building W · Naples, Florida 34112 · (239) 774-8380 · FAX (239) 793-3795
December 31, 2004
Dan Mercer, P,:!blic Works Director
City of Naples
380 Riverside Circle
Naples, FL 34102
RE: Amendment to Resolution 84-4598
Dear Mr. Mercer:
A meeting was held on July 31, 2003 with Bob Middleton, Utility Director of the City of Naples,
County Wastewater Collections Department representatives, Stonnwater Department
representatives, and Facilities Management staff to discuss the abandonment of an existing 6"
forcemain along Linwood Avenue for a Stormwaterimprovement project. The project was
placed on hold pending approval of a budget for impact fees to change sewer service from City
of Naples to Collier County Utilities.
The County is currently constructing a new jail facility, which is scheduled to open September I,
2005, and the County will begin construction of the new Courthouse Annex in May 2005. As a
result of the new buildings at thf? Main Campus the current pump station and pipe tha.t.carries the
efiluent to the City of Naples will be undersized. Collier County is ~eCl.uesting an amendment to
Resolution 84-4598 to suspend the wastewater service with the City and to transfer the Main
Campus over to Collier County t!tilities.
I will be working with the County Attorney to provide new language for the a.men.dment. Could
you please provide a contact person with the City to assist with the review and the approval
process for the amendment?
If you have any questions please contact me.
Sincerely,
?A S': 1I"k-
Peter S. Hayden, P.E" Senior Project Manager
Department of Facilities Management
Cc: Skip Camp, Director
Jack Crognale, Construction Manager
Ron Hovell, P.E., Principal Project Manager
Bob Middleton, City of Naples
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ITEM NO.:
FlLE NO.:
ROUTED TO:
DATE REC'D:
DO NOT WRITE ABOVE THIS SPACE (Orlg. 9189; Rev. 6197)
REQUEST FOR LEGAL SERVICES
(Please type or print) ,
Date: May 06, 2005
To: Office of the County Attorney
Attn: Tom Palmer, Assistant County Attorney
From: Ann Marie Saylor
(Name)
, Ooerations Analvst
(Title)
Telephone # (Very hnportant): 732-2556
Re: Addendum #10 - Interlocal A2I'eement with City of Naples
(Subject)
. BACKGROUND OF REQUEST/PROBLEM:
(Describe problem and give background infonnation - be specific. concise. and articulate.)
Pursuant to our conversation last week. I have prepared a draft Addendum to the Agreement with
the City of Naples to address the wastewater service for the Courthouse Complex.
This item been previously submitted. _ Yes _XX_ No
(If previously submitted provide County Attorney's Office File No.
)
AcrroN REQUESTED:
(Be very specific. Identify exactly what you need in the way of legal services.)
Please review the agreement for legal sufficiency and comment or change as necessary.
OTHER COMMENTS: Thank you for your attention to this matter.
cc:' Jim DeLany. Administrator
Len Price. Administrator
Tom Widest Director
John Yonkosky. Director
Ron Hovell and Peter Hayden. PM
Trevor Trinkaus. GIS
(eJ! requests must be copied to your appropriate Division Head or Constitutional Officer.)
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I /J ~~IY. 26, 2005
I~~ '7'-
~,,/o5' s-:/q;m ~/
ADDENDUM #10 TO AGREEMENT _ ------ {/IA, e;t/4i
THIS ADDENDUM #10 TO AGREEMENT, is made and entered into this
day of , 2005, ("Effective Date") by and between the COLLIER COUNTY
WATER-SEWER DISTRICT, a political subdivision of the State of Florida, ("County")
acting by and through its Board of County Commissioners, the governing body thereof,
and the CITY OF NAPLES, a municipal corporation of the State of Florida, ("City").
RECITALS
Draft. May 16, 2005 at 3:45 P.M.
WHEREAS, the City and the County entered into an Agreement dated October
16, 1977 to meet the facilities planning requirements of the State of Florida Small
Communities Construction Grant Program; and
WHEREAS, the City and the County entered into Addendum #3 to the
Agreement in November of 1984 that the amended and supplemented the October 16,
1977 Agreement to acknowledge that the City was than providing, and would continue
to provide, wastewater treatment and disposal services to the Collier County
Courthouse Complex and several other listed sites in unincorporated Collier County;
and
WHEREAS, demand for sewer service to the Courthouse Complex has grown
and the County has adequate wastewater collection, treatment, and disposal capacity
within its regional wastewater system to meet all of the wastewater Capacity needs of
the expanding Courthouse Complex; and
WHEREAS, the City does not at this time have any adequately sized wastewater
collection mains to continue to supply sufficient wastewater service to meet the
increased wastewater demands of the Courthouse Complex and, therefore, hereby
agrees to allow the Courthouse Complex to connect its wastewater system to the
County's Wastewater System to enable the County to provide interim (2 year)
wastewater treatment and disposal service for the Courthouse Complex.
NOW, THEREFORE, the City and the County mutually agree that the Co~nty
shall provide wastewater service to the Courthouse Complex for an interim period of
two (2) years from the effective date of this Agreement. The terms and conditions of
Agenda Item No.1 00
July 26, 2005
Page 54 of 57
34 the actual interim sewer service for the Courthouse Complex shall include the following:
35
36 1. As 01 the effective date of this Addendum #10, the City has a six-inch (6") force
37 main (the Davis Force Main) that is no longer adequate to supply additional wastewater
38 flows to the Courthouse Complex because of wastewater demands needed for jail
39 expansion (located wholly within the Courthouse Complex). The City may, but may not,
40 decide to construct adequate City-owned wastewater utility facilities through which the
41 City, at no cost to the County, shall thereby supply all existing and future wastewater
42 demands of the Courthouse Complex. The City shall automatically forfeit the
43 Courthouse Complex as a City wastewater service site if any of the following events
44 occur: (A) If at any time the City notifies the County that the City has for any reason
45 whatsoever decided that it cannot or will not commence City supplied wastewater
46 service to the Courthouse Complex; (also the City hereby agrees that the City shall
47 notify the County of such decision, if made, as soon as possible after the City makes
48 such decision), m: (8) not later than two (2) years after the effective date of this
49 Addendum #10, the City has failed to enter into an enforceable written agreement for
50 construction of adequately sized wastewater mains and other related and needed City-
51 owned wastewater utility facilities to provide all such wastewater service to the
52 Courthouse Complex. Neither event shall affect the 2 year "transfer site cooperation
53 term" stated in paragraph 5, below.
54
55 2. County's Point of Connection. The County shall select the Point of connection
56 between the Courthouse Complex and the Districfs wastewater system. The
57 Courthouse Complex wastewater flow shall be diverted to the County's wastewater
58 system at a point of connection located at the intersection of Palm Drive and Harrison
59 Road. The City hereby agrees to immediately take over operational and maintenance
60 responsibilities for the lift station and force main (the "Davis Force Main") that connects
61 the Courthouse Complex to the intersection of Commercial Avenue and Davis
62 Boulevard. This 6" "Davis force main" is located at the Courthouse Complex and it runs
63 north along Airport Road to the intersection of Linwood Avenue; then west on Linwood
64 Avenue to the intersection of Commercial Drive; then north on Commercial Drive to the
I 2
i
Agenda Item No.1 OD
July 26, 2005
Page 55 of 57
65 corner of Commercial Drive and Davis Boulevard. The lift station is located on the
66 southeast corner of the intersection of Unwood Ave and Commercial Drive.
67
68 3. Rates. Rates for the County supplied wastewater service to the Cou rthouse
69 Complex shall be charged by the District in accordance with the then current Collier
70 County Rate Ordinances and/or applicable rate resolutions (as may be amended from
71 time-to-time). The City will collect the wastewater revenues on the utility bill and the
72 rates, fees and charges for the subject County supplied interim wastewater service shall
73 be remitted to the Collier County Water-8ewer District. No District Utility Impact Fees
74 shall be charged to the Courthouse at this time. Due to deferral of the District's utility
75 Impact fees, a reasonable, cost justified commodity charge (which will include
76 allowances for any minimum flow requirement as established in a separate agreement
77 between the Board of County Commissioners and the Collier County Water-Sewer
78 District) shall be added to the fees for the District supplied interim wastewater service.
79
80 4. Interim Wastewater Bervle, Supplled,bv the County: Possible Extensions.
81 The City and the County agree interim wastewater service is to be provided to the
82 Courthouse Complex only by the County. It is anticipated that the term of interim
83 service by the County will be two (2) years. The interim term could be less than 2 years
84 provided the City commences City wastewater service to the Courthouse before the
85 end of said 2 year interim term. The 2 year interim term can be extended. but the
86 County shall have no obligation to agree to any extension of this 2-year interim term
87 unless not later then two (2) years after the effective date of this Addendum #10, the
88 City has failed to enter into an enforceable written agreement for construction of
89 adequately sized wastewater mains and other related and needed City-owned
90 . wastewater utility, facilities to provide all such wastewater service to the Courthouse
91 Complex. On the other hand, if the City has entered into such agreement by that
92 deadline. date, the interim term shall automatically be extended until the date that the
93 City actually and functionally commences providing its wastewater service to the
94 Courthouse Complex (to thereby take over the County's wastewater service to the
95 Courthouse Complex).
96
3
Agenda Item No. 100
July 26, 2005
Page 56 of 57
. 97 5. Possible Transfer of County Wastewater Customers to the City. Transfer to
98 the County of the City's current wastewater service being supplied to the Courthouse
99 Complex will result in a reduction of the City's wastewater service billing cycle revenues.
100 But for the subject transfer of wastewater service from the City to the County, the City's
101 wastewater billing cycle revenues would continue to be received by the City per the City
102 wastewater billing cycle invoices. The City has informed the County that the City intends
103 to try to persuade authorized representatives of land areas ("transfer sites") in
104 unincorporated Collier County that are presently supplied wastewater service from the
105 District, to freely and voluntarily transfer such potential transfer sites to the City for City
106 wastewater service, whereby the respective transfer site will thereafter receive
107 wastewater services from the City. Unless the 2 year transfer site cooperation period is
108 extended by future Addendum(s) to the 19n agreement, for the two (2) years between
109 the effective date of this Addendum #10, the City and the County shall cooperate with
110 each other with regard to the City's pursuit of potential transfer sites. There shall be no
111 transfer of any transfer site unless authorized representative(s) of the respective
112 transfer site freely and voluntarily agrees with the CIty's requested transfer of
113 wastewater service from the County to the City. The City shall promptly and
114 continuously keep County staff informed in writing with regard to each such potential
115 transfer site actions by the City, whereby County staff can promptly inform the City of
116 the County's thoughts and concerns, if any, regarding each such potential transfer site,
117 but the County shall not at any time be obligated to otherwise be involved with regard to
118 any transfer site actions by the City, No such transfer shall be valid or effective except
119 by execution of mutually agreed upon future Addendum(s) to the 1997 Agreement.
120 Transfer CaD: The County shall have no obligation whatsoever to agree to any transfer
121 of any transfer site if the subject transfer constitutes a transfer of wastewater capacity
122 that exceeds the wastewater capacity being supplied by the City to the Courthouse
123 Complex as of the effective date of this Addendum. which capacity is hereby agreed to
124 be four hundred and three (403) ERCs., Because the maximum ERe transfer potential
125 is c~pped, such transfers shall have no utility impact fee implications regarding the City,
126 the County, and/or any transfer site customer because such transfers not to exceed
127 403 ERCs will add no additional demands upon the City's impact fee eligible utility
128 facilities.
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Agenda Item No.1 00
July 26.2005
Page 57 of 57
IN WITNESS WHEREOF, the County and the City have caused this Addendum
#1 Oto the 1977 Agreement to be executed effective in duplicate by their proper
officials, duly authorized so to do, and have affixed their seals the day and year first
above written (which is the effective date of this Addendum):
ATTEST:
By:
CITY OF NAPLES
City Clerk
BY:
Bill Barnett, Mayor
Approved as to form and legal sufficiency:
By:
Robert D. Pritt, City Attorney
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA, AND EX-
OFFICIO AS THE GOVERNING BOARD OF
THE COLLIER COUNTY WATER-SEWER
DISTRICT.
By:
Deputy Clerk
By:
Fred W. Coyle, Chairman
Approved at to form and legal sufficiency:
By:
Thomas C. Palmer.
Assistant County Attomey
5
EXECUTIVESUMmdARY
Agenda Item No.1 DE
July 26, 2005
Page 1 of 14
/-
Recommendation to approve a Developers Contribution Agreement with
TargetlKite Realty Group to finalize the exact size, location and design details for
the 1-75 on ramp at Immokalee Road.
OBJECTIVE: To obtain BCC approval of the Developer Contribution Agreement
attached to this Executive Summary to update and finalize a provision of PUD ORD 05-
10 relative to the exact size and location details for the 1-75 loop ramp at 1mmokalee
Road. To also define the obligations to the existing site development plan application and
financial terms.
",,-
CONSIDERATIONS: The current PUD under Ordinance 05-10 section 5.9A-K defines
certain criteria under which the 1-75 ramp improvements will be coordinated. Paragraph
A of the above section calls for a design study to determine the exact size and location of
the proposed loop by the responsible entity which in the area defined in the 1-75 ramp
improvement is (Federal Highway Administration) FHW A through the (Florida
Department of Transportation) FDOT. Upon completion of the study and acceptance by
FHW A, it was determined that the final area required for the ramp improvement was
approximately 4.04 Acres. The final area required is significantly larger than the original
1.68+/- Acres that was anticipated in Ordinance 05-10. The original concept was based
on the Golden Gate Parkway/I-75 loop with similar attributes. The reasons for the
significant change were attributed to grade separation requirements from the existing
bridge to the proposed bridge, design speed requirements and the anticipation of the
ultimate 1-75 improvements. Kite Realty Group has agreed to provide additional ROW in
amount of roughly .42 Acres which represents a 25% design allowance from the original
area at no extra charge to the County. They have also agreed to provide the remaining
needed area at their original acquisition cost which comes out to approximately $845,000
or $10 per square foot. The current market value for the existing ROW is approximately
$20 per square foot. Kite also agrees to modiry the existing site development plan and
cons1JUct the approved changes at no cost to the county.
Both parties have agreed that significant changes to the original concept were beyond
their control and have worked together to provide a fair resolution. The additional ROW
is being donated and purchased at a significant discount to current market value and the
resulting capacity improvement to Immokalee Road will benefit the County.
FISCAL IMPACT: The County will credit TargetlKite Realty Group the amount of
$845,000.00 towards road impact fees currently estimated at $3,324,968 associated with
AR #6975.
GROWTH MANAGEMENT IMPACT: The 1-75 ramp improvements and subsequent
roadway capacity increase is consistent with the GMP.
RECOMMENDATION: That the BCC approve the Developer Contribution Agreement
to acquire the ROW.
r-
Prepared By: Nick Casalanguida, Transportation Planning Project Manager
Attachments: 1) Developer DCA; 2) Improvement Exlnbit; 3) Unit Price Memo
Agendlll Itam No.1 OE
July 26, 2006
Page 2 or 14
COLLIER COUNIT
BOARD OF COUNTY COMNlIaalO~F.A&
ltam Numb...
Item IUrnrMry
'DE
RecornrntnlUlliar'l to MpprO\l' . tlff~elop.rll CQntnbutior\ Agre.",.nt (in tl'le .mount Ilt
'ppio.cI"'It.ty $8041,),000) wlth T'lgetlKite rte.Jty C;l,elJO \0 fln.Nnll,. .'It&<;t ,l%&" IOt:.bOll
.nd delligr! details for 'the 1~15 on r.mp at I."molailu Rn.ad (Nol1T1an Ffldrrr, Adrni"i1Wator,
Trall.portaUolI S.rviotll)
M..t1ng Dlle 7120rJ.005 y:tlO:OO AN.
Approved By
Norm E. fllt<ll!lr, AICP T'lIn.pqrtalion Dilo'lslpn "dm~nj~tralor Pol.
Tnn.ponMlon "-Me.. lr.~'polUttl)n IOrYlc.ltll Admln. fI.12DDS11:12AM
Approv.d By
tlnnakl L" lOr.ot' Tranlport.t~D" pt"nnlng Dlrecl", Dol.
lr.n.pvrtollticlII S.,ytn'" Tr,lllMpOrtetloo PlMmlltlA TII:2DO& :I~" PM
Appnrnd By
JfltlK1.1t1.kOW A.~flfant: County AttornllY ".,.
Cc>>un;y Ahbmll!lY County Attornev Offl~. 1'1212006,1:12 AM
Approved By
~.Il'H:'kl1.Whifll As.ltn"" COI.rmy AflnmflY b,ll,.
CU\lntyAtlDfney County A"IJfIJ'~ O"iell 7/12/2006 z~Ot PM
Appnrnd Sy
Silllllm NeW'n.lfl tlcl:l)untir~ S.UpefVj!llOI Dot.
Tr'I1IJtDrtuth)" Snrvlc:t!tI TfeftNpDflallon Admlllll,tutloll 7!1Zf2UiI''':1a PM
APPMlud 8y
Pit ~mh;ud EtltCutiYlt Ifl.....lluy 0...
Tn1IIltpon4ltlon Sb'rvlCII. T'IW'PO,',.tlun SeNlcellAdml" 7112120D'~:tOPM
Approved By
OMQ CCll)rl;!irt..lttr Adminhitr.lltlVe "Ulltlnt o.t,
CUl,Hlty MlfIUIl,l.". otnc. Orfit, ur MoIm.IiI"",.nl . DuI.lUet: T/U/200I5U1tAM
Apprond By
SU.I\IlUlihtr Senio, M,".".mt'lnt/BudN~t An..lvvl nit"
Count}' "'.";lII"r'1I Ont~. Office of Malll&Ueml,lt & lud~el 71141200' 6:18PM
Approved By
M.lrk 1...e1'IiOfl BvdVltt Arl"," 0.1.
County "'Inllg_"' otrice aMell or Miln;lgltfl'lltnl .. Budgel l'i14f200&&:.U PM
Approved By
JlllnlU V. Mudd COllllty MIUUI"., D<dl!
DOllnJ of COUtlf!f CI,lun!Y Man_ver',Il Ofllct 7I11/200"1:&.4,\M
Cornrniuiunllrll
O^__.____'_.....~_.h_ _..-._._-
Agenda Item No.1 DE
July 26, 2005
Page 3 of 14
AGREEMENT
TInS AGREEMENT ("Agreement") is made and entered into this _ of July, 2005
(the "Effective Date"), by and between KITE DEVELOPMENT, a ("Kite"),
TARGET CORPORATION, a corporation ("Target"), sometimes referred to
collectively hereinafter as "Developers", and THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF COLLIER COUNTY
("County").
R E C 1 TAL S:
WHEREAS, on February 22, 2005, the Board of County Commissioners enacted
Ordinance No. 2005-10, amending the zoning classification of certain real property to a mixed
use planned unit development known as the Malibu Lake MPUD (the "PUD"); and
WHEREAS, Section 5.9 of the PUD provided for certain commitments with respect to 1-
75 Ramp Improvements, including the donation of a certain 1.68 acre area depicted as the 1-75
Ramp Reservation Area; and
WHEREAS, the Florida Department of Transportation has advised Collier County that it
requires a larger area to be donated for ramp construction purposes then that called for in the 1-75
Ramp Reservation Area; and
WHEREAS, Target is the record owner of approximately 2.36 acres of lands adjacent to
the 1-75 Ramp Reservation Area located within the PUD, which lands are described in Exhibit
"A" (the "Subject Parcel"); and
WHEREAS, Target is willing to convey to the C01mty, subject to the conditions set forth
in detail below, .42 acres of the Subject Parcel at no charge and 1.94 acres of the Subject Parcel
at approximately $845,000, representing the price of $10 per square foot that Target paid for this
acreage; and
WHEREAS, if this Agreement is not entered into, the County or another governmental
entity will be required to exercise its eminent domain powers to acquire the Subject Parcel; and
WHEREAS, Section S.9G of the PUD requires the County to expedite review of any
SDP's and plats associated with the commercial components of the PUD; and
WHEREAS, Kite has a pending Site Development Plan, identified as AR #6975 ("SDP"),
with the County; and
WHEREAS, Developers and County respectively acknowledge and represent that each
has the full power and authority to enter into this Agreement; and
WHEREAS, after reasoned consideration by the Board of County Commissioners, the
Board finds that entering into this Agreement is in the public interest.
Page 1 of7
Agenda Item No, 10E
July 26, 2005
Page 4 of 14
WITNESSETH:
NOW, THEREFORE, in consideration of Ten Dollars and other good and valuable
consideration exchanged amongst the parties, and in consideration of the covenants contained
herein, the parties agree 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. Within ten business days from the Effective Date, Target shall convey to the
County the Subject Parcel in fee simple, free and clear of all liens and encumbrances, by
statutory warranty deed(s), suitable for recording. Target shall be responsible for all costs to
remove or cure any liens, encumbrances or deficiencies revealed in any title work ordered by the
County. The deed(s) shall be held by the County in escrow, pending approval of the SDP and
the issuance of a Certificate of Public Facility Adequacy for transportation purposes. Following
release from escrow, the County shall record the deed(s) in the Public Records of the County.
Target shall reimburse the County for the recording fees.
3. The developer agrees to pre-pay the estimated road impact fees in an amount
estimated to be $3,324,968. Due to the need to for an increase in acreage for the 1-75 Ramp
Reservation Area, the parties agree that the appropriate time for this payment should be within
five business days from approval of the SDP. County shall purchase the Subject Parcel from
Target in the form of approximately $845,000 credit against the $3,324,968 in road impact fees.
The actual amount will be based upon a survey of the Subject Parcel and shall be based upon a
purchase price of $10 per square foot. Accordingly, Developers will pay County the
approximate sum of $2,479,968 within five business days from approval of the SDP in road
impact fees, with the remainder of the road impact fees due as set forth in the Collier County
Land Development Code. Upon payment to the County of the $2,479,968, Kite and Target shall
obtain a certificate of public facility adequacy ("Certificate") for roads for all commercial
development density and intensity authorized by the PUD. The existing SDP #AR6975 has a
development area of approximately 196,000 SF. Future Development on the site will consist of
approximately 20,000 SF in Outlot user shown on Exhibit "B" and 80,000 SF of retail adjacent
to Target also shown on Exhibit "B". This payment vests the current SDP AR #6975 and all
future development areas shown on Exhibit "B" for development entitlements for transportation
concurrency purposes for which the Certificate applies on a continuous basis. This road impact
fee payment is non-refundable after payment and receipt of the Certificate.
4. Upon satisfaction of sections 2-3 above, Kite agrees to apply for a site
development plan amendment as depicted in Exhibit "B" to reflect the changes to the property
including the shifting of the Target building and parking areas as a result of this transaction. Kite
also agrees to provide all the necessary plans for the submittal and be responsible for the
construction associated with the approved changes. However, Collier County or the appropriate
governmental entity shall remain responsible for the obligations set forth in Paragraph 5.9B of
the PUD.
Page 2 of7
Agenda Item No. 10E
July 26, 2005
Page 5 of 14
5. This Agreement shall not be construed or characterized as a development
agreement under the Florida Local Government Development Agreement Act. In the event of
any conflict between this Agreement and any law or County Ordinance, the law or County
Ordinance shall prevail
6. The burdens of this Agreement shall be binding upon, and the benefits of this
Agreement shall inure to, all successors in interest to the parties which are the subject of this
Agreement.
7. The parties acknowledge that the failure of this Agreement to address any permit,
condition, tenn or restriction shall not relieve the parties, or their successors or assigns, of the
necessity of complying with any law, ordinance, rule or regulation governing said pennitting
requirements, conditions, terms or restrictions.
8. In the event state or federal laws are enacted after the execution of this Agreement
which are applicable to and preclude in whole or in part the parties' compliance with the terms of
this Agreement, then in such event this Agreement shall be modified or revoked as is necessary
to comply with such laws, in a manner which best reflects the intent of this Agreement.
9. Except as otherwise provided herein, this Agreement shall only be amended by
mutual written consent of the parties hereto or by their successors in interest. All notices and
other communications required or permitted heretm.der shall be in writing and shall be sent by
Certified Mail, return receipt requested., or by a nationally recognized overnight delivery service,
and addressed as follows:
To Kite:
Tanya Marsh
Kite Realty Group
30 South Meridian Street. Suite 1100
Indianapo lis. IN 46204
Office: (317) 577-5600
Fax: (317) 577-5605
With copy to:
Richard D. Y ovanovich. Esquire
Goodlette. Coleman & Johnson. P .A.
4001 North Tamiami Trail. Suite 300
Naples. Florida 34103
Office: (239) 435-3535
Fax: (239) 435-1218
Page 3 of7
Agenda Item No.1 DE
July 26, 2005
Page 6 of 14
To Targ:et:
Target Corporation
1000 Nicollet Mall TPN-12
Minneaoolis. MN 55403
Attention: Property AdministrationIFlorida
With a copy to:
Richard D. Yovanovich, Esq.
Goodlette, Coleman & Johnson, P.A.
4001 North Tamiami Trail, Suite 300
Naples, Florida 34103
Office: (239) 435-3535
Fax: (239) 435-1218
Notice shall be deemed to have been given on the next successive business day to the date of the
courier waybill if sent by nationally recognized overnight delivery service.
10. Developers shall execute the Agreement first and it shall be recorded by County
in the Official Records of Collier County, Florida, within fourteen (14) days after County
executes the Agreement. Developers shall pay all costs of recording this Agreement. County
shall provide a copy of the recorded document to Developers upon receipt of the recorded
document.
11. In the event of a dispute under this Agreement, the parties shall first use County's
then-current Alternative Dispute Resolution Procedure. Following the conclusion of this
procedure, either party may file an action for injunctive relief in the Circuit Court of Collier
County to enforce the terms of this Agreement, said remedy being cumulative with any and all
other remedies available to the parties for the enforcement of this Agreement.
Page 4 of7
Agenda Item No. 10E
July 26, 2005
Page 7 of 14
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first above written.
Attest:
DWIGHT E. BROCK, Clerk
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chainnan
, Deputy Clerk
Approved as to form and legal sufficiency:
Jeffrey A. IGatzkow
Assistant County Attorney
Page 5 of7
AS TO KITE
WITNESSES:
Print Name:
Agenda Item No.1 OE
July 26, 2005
Page 8 of 14
Name:
Position:
Print Name:
STATE OF FLORIDA )
) ss.
COUNTY OF )
On this
subscriber,
driver's license no.
day of , 2005, before me personally appeared the
, who is [ ] personally known to me, or [ ] has produced
as identification.
(SEAL)
My Commission Expires:
NOTARY PUBLIC
Name:
(Type or Print)
Page 60f7
Agenda Item No.1 OE
July 26, 2005
Page 9 of 14
AS TO TARGET:
WITNESSES:
Name:
Position:
Print Name:
Print Name:
STATE OF FLORIDA )
) ss.
COUNTY OF )
On this
subscriber,
driver's license no.
day of . 2005, before me personally appeared the
. who is [ ] personally known to me, or [ ] has produced
as identification.
(SEAL)
NOTARY PUBLIC
Name:
(Type or Print)
My Commission Expires:
Page 70f7
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Agenda Item No. 1 DE
July 26, 2005
Page 12 of 14
(i) Memorandum
To: Nick Casalangulda, Project Manager, Transportation Planning
From: Harry Henderson, SRA, Review Appraiser
TElCM, Right of Way
Date: July 7, 2005
Subject: Unit Pricing, Immokalee Road Future Target Tract
As per your request I have reviewed data from recent appraisals we have obtained
relative to the value of commercial lands in the Immokalee Road corridor. In 2004 we
received several independent appraisals involving commercially zoned multi-acre
development tracts suitable for multi-tenant or big box retail development. The future
Target tract having characteristics similar to this class property.
On average, the value conclusions applied to these lands reflect approximately
$16.50/sf. However, significant price appreciation since the time of these appraisals
(mid to late 2004) has been observed in this market. Appraisers are generally applying
1-2% per month time adjustments to reflect this trend. Using a base valuation date of
October 2004 and a price appreciation rate of 2%/rnonth since that time the indicated
unit price ($/st) for this class of commercial land would adjust up to $19.50/sf.. ..called
$20/sf.
Real Property Management Department Phone: 774-8991 Fax: 774-8876
Agenda Item No. 10E
July 26, 2005
Page 13 of 14
Memorandum
To:
NICK CASALANGUIDA
PAULA FLEISHMAN
From:
Date:
JULY 11,2005
AR #6975 (Target) AND OUTPARCELS
Subject:
Per your e-mail request the current Transportation Impact Fees for 296,000 square feet of retail
space are as follows:
296,000 x $11,233/1000. = $3,324,968.00
The retail use for the shopping center and outparcels indudes drive-in banks, retail stores, and
restaurants (not including Drive-In Restaurants). Any other uses may be assessed at a higher
rate.
*RetaiI200,OO0-400,OOO
TO:
FROM:
CC:
DATE:
RE:
Agenda Item No. 10E
July 26, 2005
Page 14of14
.JIll
.c.....
REALTY GROUP
MEMORANDUM
Nick casalanguida
Collier County Transportation Department
Eric Strickland
Tom McGowan
Rich Yovanovich
July 11, 2005
Malibu Lakes PUO Amendment
Determination of Land Value
1.75 Ramp Additional Right of Way
Additional RJW Area
The approximate total area of the 1.75 Ramp RIW has been determined to be
3.971 acres. We understand the FOOT is no longer using the 4.04 ae area
calculation for the r/w. A final acreage from the project surveyor will be calculated
The area committed per the PUD is 1.68 acres.
An estimation of +25% was determined to be the maximum allowance for the r/w
donation. This maximumallowanca is 2.10 acres.
The additional R/W acquisition is approximately 1.871 acres.
Value of the RIW Area
The 1.831 acre area is to be purchased based on the original acquisition cost.
Target Tract Area = 18.456 acres (803,943.4 SF)
Cost = $8,039,220.00 from Closing Statement
Unit Cost = $10.00 PSF
Approximate Value of the Additional RIW · $815,000.00*
"Exact amount will be based on the surveyor's determination of acreage
~
Agenda Item No.1 OF
July 26, 2005
Page 1 of 101
EXECUTIVE SUMMARY
Recommendation to approve Contract Amendment No. %, Exhibit E, for a Guaranteed
Muimum Price (GMP) of $%0,646,800 under Contract No. 04-3576, Construction Manager
at Risk Services for Courthouse Annex and Parking Garage, with Kraft Construction
Company, Inc. for the construction of the Courthouse Annex floors 1-4, Phase I, project
number 5%533.
OBJECTIVE: To approve a contract amendment for a GMP of $20,646,800 under Contract
No. 04-3576, Construction Manager at Risk Services for Courthouse Annex, with Kraft
Construction Company, Inc., for the construction of the Courthouse Annex.
CONSIDERATIONS: The Board has approved the following with Spi1lis Candela DMJM for
the Courthouse Annex (this contract also includes the Courthouse Annex Parking Garage):
2/13/2001
6/26/2001
1/14/2003
~
3/25/2003
9/23/2003
3/23/2004
5/25/2004
7/28/2004
12/17/2004
5/2/2005
6/2/2005
6/28/2005
16 E 3 - Approve Short List
16E5 - award contract #00-3173, programming and design, $190,000
16E2 - amendment 1 schematic design, design development &
construction drawings, $435,354
16E 1 - change order 1 design of finished third floor, $69,716
16 E 8 - amendment 2 design parking deck, $757,110
16E2 - amendment 3 design of the fourth floor shel~ $129,518
16E2 - amendment 4 construction administrative services, $179,690
5 change order 5 add FP&L vault design to deck, $12,685
6 adjust rate schedule, $0
7 additional services to complete "alternative Architectural Design
Standards" for the Courthouse Annex project, $14,498
8 additional services for Courthouse Annex to revise the third floor
finance administration and general accounting deparbnents, $8,556
16E 10 - amendment 5 design of floors 5-7 shell only
The Board has approved the following with Kraft Construction for the Courthouse Annex (this
contract also includes the Courthouse Annex Parking Garage):
3/9/04
1/11/05
6/14/05
16E7 Construction Manager at Risk Services, $115,000
lOB - Parking Garage GMP, $16,600,000
16E9 - Direct Material Purchase of Pre-Cast concrete, $5,699,557
The Courthouse Annex project Phase I will be the construction of floors 1-4 with floors 1-3
finished and fourth floor shell. Phase II will consist of floors 5-7 (shell only) to be added to the
construction of Phase I this fall upon completion of the plans, permitting then negotiating a
revisedGMP with Kraft subcontractors selected for the Courthouse Annex Phase I.
The contract requires that all materials, services and subcontracts be awarded to the lowest
qualified, responsive vendor based on competition guidelines that vary by the estimated price of
r--
,-..
Agenda Item No. 10F
July 26, 2005
Page 2 of 101
the item. Collier County's actual price to be paid for the work will be the actual cost of all work
subcontracts, supply contracts, direct labor costs, direct supervision costs, and direct job costs
plus the ConstIUction Manager's fees, or the GMP, whichever is less when the work has been
completed.
On December 14, 2004 (agenda item 10.A) the Board approved sales tax revenue bonds to
finance five capital projects. One of those projects is the Courthouse Annex Phase I with
$22,844,000 in bond proceeds.
On July 8, 2005, Kraft submitted a GMP of 520,646,800, based on 100% constIUction drawings,
for the constIUction of the Courthouse Annex, Phase 1. This amount was reviewed by the
consultant and found to be fair and reasonable (see Spillis & Candela letter dated July 15, 2005).
The GMP was formulated by Kraft through the solicitation of price quotations from at least three
subcontractors from each trade. The quotes were then thoroughly reviewed by Kraft and the
design professional to ensure they matched specifications. The proposed contract amendment to
incorporate the GMP with Kraft is based on the following costs:
~
Direct / Indirect Costs
Contingency
Construction Phase Fee
Construction Phase Overhead and Profit
SUBTOTAL ConstIUction
Design / Permit / Impact Fees
Other costs (incl. Furniture)
Contingency
TOTAL Project Costs
$ 18,463,649
$ 367,159
$ 832,811
$ 983.181
$ 20,646,800
$2,162,600
$1,534,300
$1.217.000
$25,560,700
The Site Development Plan amendment for the Courthouse Annex Phase I was approved on June
14,2005 and constIUction is expected to begin in October 2005.
FISCAL IMP ACT: Funds for this contract amendment are available in the project budget and
the source of funds is bond revenue to be repaid by the General Government Facility Impact Fee.
An allowance of $4,913,900 is needed to fund design fees, impact fees, permit fees, builder's
risk insurance, furniture, contingency, etc. Some of these costs won't be needed until near the
end of the project and therefore it is anticipated that a fiscal year 2007 budget request will be
made for approximately $1,500,000.
GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth
Management Plan and the Government Complex Projected Space Plan.
RECOMMENDATIONS: That the Board of County Commissioners 1) approve conclusion of
negotiations of a Contract Amendment for a Guaranteed Maximum Price (GMP) of $20,646,800
under Contract No. 04-3576, Construction Manager at Risk Services for Courthouse Annex and
.----
" ,....--'
~
---
Agenda Item No.1 OF
July 26, 2005
Page 3 of 101
Parking Garage, with Kraft for the constrnction of the Courthouse Annex Phase I, project 52533,
2) authorize the Chairman to execute a contract amendment with Kraft, after review by the
County Attorney's Office, in an amount of $20,646,800.
PREPARED BY: Peter S. Hayden, P .E., Senior Project Manager
AgenrJa Item No.1 OF
jUly 26, 2005
Pags 4 of 10'1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summllry
'OF
r~e;:Cjrnrnt:ndilt!-:Jn !(j app!llVl! Cnr,ltl;ld AlTwr'ldrn~11t "I". 2 E.::hibit [ fr)' <l Gu"ra"!t:~d
Max'm'Jrn Price (GMP I of -$20 f346, 500 ul.,der Contl-a~t ~jo_ 01\.357[" CCfls,tnH:tton lI.~af1agef
at Ri'S,,: Services tor CCL.;rtnOus.e ,~,nnt:l( and Parking Garage. .....Itr, Kratt r':;u"'fitrUCli"n
Cwrnpany. In'-.'. for the (:onsln.ictiGn Of the C;O'"t1h0use ,/\r;nll'>:" floors , -~ Phil~e I prDJect
mimic'!>! ~25~3 tSi<ip Carnp, Dlmclor FiJdl,tif!'s MiJfHlg(~rTll!r,~J
Meeting Ollte
.':26/2005 9 00 CO AM
Appnn'cd Dy
Ron Hellell
Prlndpal Projed fJm,ilI!lf!r
Dare
Admini-;,ttatl'o/e Sf'rvlces
!-'actlltles Mi3nagemerlt
7114120US4.:15 PM
Approved D)'
Undil Jack'S.Qfl
Contracts h!;lcnt
Date
Adrnir.istt:nUlie S~t\'ke$
Purchasing
1I1.~12005 -4: 16 PM
Apprond Dy
Stevl!C<lmell
purch.s:;hlgIGenetill svcs Dlrectl)f
Dollie
A"mini:;tr<1ti\'~ Sf!rvi'-:~!i
PLJfc:lla~II'lO
m SI2{)l)!; VIO PM
Appro\-'ed By
Skip Camp, C.F.M.
FacUltie1! M:magell'wnt Dilt'ctl)t
Da"
Admini~tr~ti...~ Sl?rvke'l
F.,dhtilH M.,n;)gem~fIt
711~1201,1S 1::56 PM
Approved B~"
S!<lp Camp, C,t'.M
f'acl!lt1c~ Mill1.!gemenl Oire(;lor
Dillie
AdrninisErtltive S(lrvi.-:es
Fai:Hilie;; Mafli1Ql:'ment
"f.I15!21.1()!j 2:55 P"'i
Approved By
OMB Cnordlniltor
A.dr~inb.ir;l,li\l~ AS!ihitilflt
OilW,
COIJnty M.1nanflt'S Office
Qff\c-e of Managcmttnl & 8udget
7/1 ~ll[)OS 3:5:; AM
Approved By
SU!i~1J U:l'her
Senior MilniJ~f:tr.~l1tmudgi~1 AO<liy"t
Dale
Gour.ty Matlagl!'r''$. ONice
Otfir.r.: or ManilgelTlent & Budget
7i1812fJO!J J:52PM
Approved OJ'
Mi~hilel Srnykow...ki
MilTliJ.gemr.nt & Budgel Director
{J.,tr.
County M~na;I!'('S Office
Otfh:e of M<lllilgelnCHlt H. Budgd
7{1111:!Q054:$1 PM
Approved B~'
James. V Mudd
CPllnty Manager
Date
f:i!Hlru of GDunty
COll1l"ni!o$loners
COUllly Manager':;, Orrlce
7f1a/2Q05 5:45 PM
\i
i"
EXHIBIT E
Agenda Item No, 10F
July 26, 2005
~
AMENDMENT NO.2 TO AGREEMENT BETWEEN
OWNER AND CONSTRUCTION MANAGER
Pursuant to Articles 7 and 8 of the Agreement, dated March 9.2004 between The Board of County Commissioners of Collier County,
Florida, a political subdivision of the State of Florida ("Owner") and Kraft Construction Conmanv. Inc,
("Construction Manager"), for management and construction of the Courthouse Annex and Parking Garage ("Project"), the Owner and Construction
Manager hereby establish the Constructions Manager's fee, Cost of the Project, Guaranteed Maximum Price and Contract Time for the Work as set forth
below:
I. CONSTRUCTION MANAGER'S FEE
The Construction Manager's fee, as defined in Article 8.1.2 of the Agreement, for work or services performed during the Construction Phase for
the Courthouse Annell. Building only shall be $832,811.00. The Construction Phase Fee for the Courthouse Annex Building only shall be
invoiced and paid in Fifteen (15) monthly payments of S52,05O.00 each and one final monthly payment of S52,061.00. The first monthly
Application for Payment shall be submitted no earlier than thirty days following the issuance of the first Construction Authorization by Owner's
Representative and the final Application for Payment shall be paid only when construction of the project is finally completed and occupancy of
the Project accepted by the Owner. The Overhead and Profit for the Courthouse Annex Building only for the Construction Phase, as
defined in Article 8.1.3 of the Agreement, shall be S983,181.00. This Overhead and Profit for the Parking Garage only shall be invoiced
as defined in Article 8.1.3.
2. COST OF THE PROJECT
The total Cost of the Courthouse Annex Building Project only as defined in Article 9 of this Agreement is $18.830,808.00.
J. GUARANTEED MAXIMUM
Construction Manager's Guaranteed Maximum Price for the Courthouse Annex Building Work only, including the Construction Manager's Fee,
O&P for the Construction Phase, and Cost of the Pr~iect is $20,646.800.00, This Price is for the performance of the Work in accordance with
the Contract Documents listed and attached to this Amendment and marked Attachments I through 6, as follows:
Attachment Description Pages Dated
Number
la. GMP Proposal letter with Cost !thm 4 07-08-05
Breakdown for the Courthouse
Annex Building
lb. Drawings, Specifications, 1 thru 5 07-08-05 GMP SET
Addenda and General,
Supplementary and other
Conditions of the Contract
On which the Guaranteed
Maximum Price for the
Courthouse Annex Building
is based,
2, Allowance items I thm I 07-08-05
3. Assumptions and clarifications I thru 6 07-08-05
made in preparing the GMP set
Guaranteed Maximum Price,
4, Completion schedule Ithru 2 07-08-05
5. Altemate prices I thru ] 07-08-05
6. Vnit Prices o thru 0 NA
7. Revisions to the Contract Ithru I 07-08-05
8, Completed Exhibits A, B, G, H & I I thru 5 07-08-05
4. CONTRACT TIME
Agenda Item NO.1 OF
July 26, 2005
Page 6 of 101
The total period of time beginning with the Construction Phase Commencement Date for the Courthouse Annex Building Only
to the date of Substantial Completion of the Work for the Courthouse Annex Building is 490 calendar days ("Contract Time"). *
Commencement date cannot be issued until the appropriate permission is received to begin on site construction.
CONSTRUCTION MANAGER
KRAFT CONSTRUCTION COMPANY, INC.
Attest:
By:
By:
Corporate Secretary
Title:
As Witnessed:
By
(Corporate Seal)
OWNER
ATfEST:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DWIGHT W. BROCK, CLERK
By
By
DEPUTY CLERK
FRED W. COYLE, CHAIRMAN
Date:
Approved as to form and legal sufficiency:
Robert N. Zachary, Assistant County Attorney
2
\-
ATTACHMENT .la
Agenda Item No. 10F
July 26, 2005
Page 7 of 101
July 8, 2005
Mr, Peter S. Hayden, P.E. Senior Project Manager
Collier County Government
Department of Facilities Management
3301 Tamiami Trail East, Building W
Naples, FL 34112
RE: COURTHOUSE ANNEX BUILDING ONLY
NAPLES, FLORIDA
Dear Mr. Hayden:
We are pleased to provide you with this GMP Cost Estimate for the proposed "Courthouse
Annex Building". The GMP Cost Estimate was based upon the enumerated Project
Documents as prepared by Spillis Candela DMJM, Inc. and our list of Qualifications,
Clarifications and Assumptions.
Our GMP Cost Estimate is as follows:
GMP Cost for the Courthouse Annex is....".".,.......".,.,.... $20,646,800.00
We have included a 2 % Construction Managers Contingency within this GMP amount.
If you have any questions, feel free to call.
Sincerely,
-Z~~r
Vice PresidentJEstimating
Attachments:
Enumeration of the Project Documents dated July 8, 2005
List of Qualifications, Clarifications & Assumptions, dated July 8, 2005
lLP:rd
.2606 Horseshoe Drive S. · Naples. Florida 34104 . (239] 643-6000 . Fax (239] 643-0090
013350 Metro Parkway. Suite 304. Fort Myers. Florida 33912. (239) 561-5181 . Fax (239] 561-5129
040 S. Pineapple Avenue · Sarasota. Florida 34236 . (941) 330-8990 . Fax (941] 330-8994
www.kraftconstr.uction.com
ATTACHMENT la
Standard Estimate Report
Collief Cout1house Annex
Agenda Item NO.1 OF
July 26, 2005
Page 8 of 101 Page 0
7/812005 10:03 AM
Collier County
Courth.ouse' Annex
GMPCost Estimate
Project name Collier Courthouse Annex
Collier Cnty Govt Complex
Naples
FL 34112
Collier
Client Collier County Govt
Architect Spillls Candela DMJM
Engineer TKW Consulting Engrs
Document GMP Bid Set 01-14-05
Esti mator Kraft Construction Co,ine
Job size 77330 acsf
~ ATTACHMENT 1 a Agenda Item No.1 OF
Standard Estimate Report July 26, 2005
Page 9 of 101 Pr 'f
Collier Courthouse Annex 7I8/2oo5'-10:(A "
t~"i~\';:~;';':;_ii/,~',i": fQtit;r;/ ;'~,-,.,).,: . :'" " .{::7~
c',;
O..crlptlon Quantity Unit Cost Amount
1970.00 FIELD REIMBURSABLES 77,330.00 SFAC 6.39/SFAC 493,984
2000.00 DEMOLITION 77,330.00 SFAC 2,03/SFAC 156,675
2090.00 SITE SURVEY & LAYOUT 77,330.00 SFAC 0.13/SFAC 9,935
2100.00 SITE PREP & EXCAVATION 77,330.00 SFAC 9,271/SFAC 716,948
2500.00 WATER, STORM, & SEWER 77,330.00 SFAC 2.804lSFAC 216,863
2700.00 PAVING & CURBS 77,330.00 SFAC 1,28/SFAC 98,992
2800.00 SITE IMPRVMNT& LANDSCA 77,330.00 SFAC 2.88 /SFAC 222,450
3000.00 CAST IN PLACE CONCRETE 77,330.00 SFAC 40.23/SFAC 3,110,931
3400.00 PRECAST CONCRETE 77,330.00 SFAC 21.903lSFAC 1,693,776
4000.00 MASONRY 77,330.00 SFAC 1
5000.00 STR STEEL & DECKING 77,330.00 SFAC 3.5831SFAC 277,091
5700.00 ORNAMENTAL METALS 77,330.00 SFAC 3.33/SFAC 257,093
5800.00 EXPANSION CONTROL 77,330,00 SFAC 0.18/SFAC 13,730
6000.00 ROUGH CARPENTRY 77,330.00 SFAC 2.39/SFAC 184,471
6200.00 FINISH CARPENTRY 77,330.00 SFAC 1
7000.00 INSULATION & MOISTURE 77,330,00 SFAC 1.3131SFAC 101,541
7300.00 ROOFING 77,330.00 SFAC 9.07/SFAC 701,372
8000.00 DOORS & HARDWARE 77,330.00 SFAC 5,04/SFAC 389,768
8500.00 WINDOWS & GLASS 77,330,00 SFAC 15,1421SFAC 1,170,911
9200.00 PLASTER & STUCCO 77,330.00 SFAC 1
9250,00 DRYWALL 77,330.00 SFAC 11.42/SFAC 883,051
9300.00 TILE, STONE, COUNTERTOF 77,330.00 SFAC 0.67/SFAC 51,446
9500.00 ACOUSTICAL 77,330.00 SFAC 3,78/SFAC 292,320
9550.00 FINISH FLOORING 77,330,00 SFAC 8,39/SFAC 648,638
9900.00 PAINT & WALL COVER 77,330,00 SFAC 2.40/SFAC 185,233
10000.00 SPECIALITIES 77,330.00 SFAC 4.491/SFAC 347,266
11000.00 EQUIPMENT 77,330.00 SFAC O,l541SFAC 11,903
12000.00 FURNISHINGS 77,330.00 SFAC 1.881/SFAC 145,485
13000.00 SPECIAL CONSTRUCTION 77,330.00 SFAC 0.26/SFAC 20,000
14000.00 CONVEYING SYSTEMS 77,330.00 SFAC 6.79/SFAC 524,797
15000.00 PLUMBING 77,330.00 SFAC 3.43 /SFAC 265,170
15300.00 FIRE PROTECTION 77,330,00 SFAC 3,56 ISFAC 275,268
15500.00 HVAC 77,330.00 SFAC 11.3921SFAC 880,969
16000.00 ELECTRICAL 77,330,00 SFAC 17.721/SFAC 1,370,400
17000.00 SYSTEMS & COMMUNICA TI( 77,330,00 SFAC 31.19/SFAC 2,411,586
ATTACHMENT la
Standard Estimate Report
Collier Courthouse Annex
Agenda Item No.1 OF
July 26, 2005
Page10of101 Page2
7181200510:03 AM
Estimate Totals
Labor 100,922 15.015 hrs
Material 8,725
Subcontract 17,850,874
Other 169,565
18,130,088 18,130,088
State Sales Tax 524 6.000 %
Labor Burden 58.030 57.500 %
58,554 18,188,640
Bulders Risk Insur. By Owner
General Liability Insurance 169.304 0.820 %
169,304 18,357,944
Impact Fees By Owner
Bulldlnll Permlr By Owner
Primary Utility Svcs Fees By 0
18,357,944
Const Mgr Contingency (2%) 367.159 2.000 %
367,159 18,725,103
Bond: Payment & Perlonnance 105.705
105,705 18,830,808
Const Phase Fee (Gen Cond) 832,811
Const Phase OH & Profit Fee 983,181 5.000 %
1,815,992 20,646,800
Total 20,646,800 266.996 lacs'
Attachment 1 b
July 8, 2005
Enumeration of Project Documents
Collier County Courthouse Annex
Site Development Plans - GMP SET
Agenda Item No. 10F
July 26, 2005
Page 11 of 101
~
Page Draft Issue Revision
Number Description Date Date
Phlns as designed by Spillis Candehl DMJM
AO.I.OI Index of Drawings/Symbols and Abbreviations 1/ 14/05
C-l Cover Sheet, Legal & Location Map 1/ 14/05
C-2 Existing Conditions and Aerial Photo 1/ 14/05
C-3 Demolition Plan 1/14/05
C-4 Site Plan 1/14/05
C-5 Paving, Grading and Drainage Plan 1/14/05
C-6 Utility Plan 1/14/05
C-? Paving and Drainage Details 1/14/05
C-B Paving and Drainage Details 1/14/05
C-8 (duplicate) Paving and Drainage Details 1/14/05
C-9 Collier County Utility Details 1/14/05
C-lD Collier County Utility Details 1/ 14/05
C-Il SWP3 Plan 1/14/05
C-12 Erosion Control Details 1/14/05
LA-201 Existing Conditions and Vegetation Plan 1/14/05
LA-203 Planting Plan 1/14/05
LA-205 Planting Details 1/ 14/05
LA-206 Irrigation Plan 1/14/05
51.0.00 Abbreviations, Symbols and General Notes 1/14/05
52.2.01 Foundation and First Level Framing Plan 1/14/05
52.2.02 5econd Level Framing Plan 1114/05
52.2.03 Third Level Framing Plan 1/14/05
52.2.04 Fourth Level Framing Plan 1/14/05
52.2.05 Fifth Level Framing Plan 1/ 14/05
53.0.00 Pile Cap and Foundation Details 1/ 14/05
53.0.01 Pile Cap and Reinforcing Details 1/14/05
53.0.02 Footing 5chedule and Foundation Details 1/14/05
53.0.03 Foundation Details III 4/05
54.0.00 Column Schedule 1/14/05
54.1.00 Beam Schedule 1/14/05
54.1.01 Beam Schedule 1/14/05
54.1.02 Beam Schedule and Details 1/ 14/05
54.2.00 Shear Wall Plan and Elevations 1/14/05
54.2.01 Partial Structural Elevation and Canopy Plan 1/14/05
55.0.00 Masonry 5chedule and Details 1/ 14/05
56.0.00 Sections and Details 1/ I 4/05
56.0.01 Sections and Details 1/ 14/05
56.0.02 5ections and Details 1/14/05
56.0.03 Sections and Details 1/ 14/05
1 of 5
Attachment 1 b
July 8, 2005
Enumeration of Project Documents
Collier County Courthouse Annex
Site Development Plans - GMP SET
Agenda Item NO.1 OF
July 26, 2005
'" Page12of101
I'
~
Page Draft Issue Revision
Number Description Date Date
AI. 1.01 Architectural Site Plan 1/14/05
AI. 1.1 I Site Details 1/14/05
A1.2.00 Life Safety Site Plan and Calculations 1/14/05
AI. 1.01 First Level Life Safety Plan 1/ 14/05
A1.2.02 Second Level Life Safety Plan 1/14/05
A 1.2.03 Third Level Life Safety Plan 1/14/05
A1.2.04 Fourth Level Life Safety Plan 1114/05
Al.3.01 Geometry Plan - First Level 1/14/05
A1.3.02 Geometry Plan - Second Level 1114/05
A1.3.03 Geometry Plan - Third Level 1/14/05
A 1.3.04 Geometry Plan - Fourth Level 1/14/05
A1.3.05 Geometry Plan - Fifth Level/Sixth Level 1/14/05
A2.1.01 Demolition Plan - First Level & Second Level 1/14/05
A2.1.02 Demolition Plan - Third Level & Fourth Level 1/14105
A2.1.03 Demolition Plan - Fifth Level 1/14/05
A2.1.1l Demolition Section 1/14/05
A2.2.01 Floor Plan - First Level 1/14/05
A2.2.02 Floor Plan - Second Level 1/14/05
A2.2.03 Floor Plan - Third Level 1/14/05
A2.2.04 Floor Plan - Fourth Level 1/14/05
A2.2.05 Elevator Machine Room Roof Plans - Fifth and Sixth Levels 1/14/05
A2.2.11 Precast Panels Floor Plan - First Level 1/14/05
A2.2.12 Precast Panels Floor Plan - TYP Levels (2nd-4th) and Fifth Level 1/14/05
A2.3.0l Reflected Ceiling Plan - First Level 1/14/05
A2.3.02 Reflected Ceilinji!; Plan - Second Level 1/14/05
A2.3.03 Reflected Ceiling Plan - Third Level 1/14/05
A2.3.04 Reflected Ceilinji!; Plan - Fourth and Fifth Levels 1/14/05
A2.4.01 Interior Finish Plan - First Level 1/14/05
A2.4.02 Interior Finish Plan - Second Level 1/14/05
A2.4.03 Interior Finish Plan - Third Level 1/ 14/05
A2.4.04 Interior Finish Plan - Fourth Level 1/14/05
A2.4.11 Enlarged Floor Patterns 1/ I 4/05
A2.4.12 Enlarged Floor Pattern - Existing Courthouse 1/14/05
A2.5.01 Furniture Floor Plan - First Level 1/14/05
A5.5.02 Furniture Floor Plan - Second Level 1/14/05
A2.5.03 Furniture Floor Plan - Third Level 1/14/05
A3.1.01 Restrooms Enlarged Plan & Plumbing Fixtures Elevations 1/14/05
A3.1.02 Restrooms Elevations 1/14/05
A3.2.01 Stair #1 Enlarged Floor Plan, Section and Details 1/14/05
A3.2.02 Stair #2 Enlarged Floor Plan, Section and Details 1/14/05
2of5
Attachment 1 b
July 8, 200S
". Enumeration of Project Documents
:~:!l Collier County Courthouse Annex
Site Development Plans - GMP SET
Agenda Item No. 10F
July 26, 2005
Page 13 of 101
~
Page . Draft Issue
Revision
Number Description Date Date
A3.2.03 Lobby Stair Enlarged Floor .Plans and Details 1/14/05
A3.3.01 Enlarged Elevator Plans 1/ I 4/05
A3.3.02 Elevator Section 1/14/05
A3.4.01 Enlarged Plans 1/14/05
A4.1.01 Building Elevations 1/14f05
A4.1.02 Building Elevations 1/14/05
A4.2.01 Building Sections 1/14/05
A4.2.02 Building Sections 1/14/05
A4.3.01 Partial Building Elevations 1/14/05
A4.4.01 Wall Sections 1/14/05
A4.4.02 Wall Sections 1/14/05
A4.4.03 Wall Sections 1/14/05
A4.4.04 Wall Sections 1/14/05
A4.4.05 Wall Sections 1/ 14/05
A4.4.06 Wall Sections 1/14/05
A4.4.07 Wall Sections 1/14/05
A4.4.09 Wall Sections 1/14/05
A4.4.1O Wall Sections 1/14/05
A4.4.11 Wall Sections 1/14/05
A4.4.12 Wall Sections 1/14/05
A5.1.01 Exterior Details 1/14/05
AS. 1.02 Exterior Details 1/14/05
A5.l.11 Miscellaneous Details 1/14/05
A5.2.01 Roof Details 1/14/05
A5.2.02 Roof Details 1/14/05
A5.2.11 Canopy Details 1/14/05
A5.3.01 Interior Details 1/14/05
A5.3.11 Ceiling Details 1/ 14/05
A5.4.01 Millwork Enlarged Plans 1/14/05
A5.4.1l Millwork Elevations 1/14/05
A5.4.21 Millwork Sections 1/14f05
A6.1.01 Partition Types 1/14/05
A6.2.01 Door Schedules & Door Types 1114/05
A6.2.11 Door Details 1/14/05
A6.2.12 Door Details 1/14/05
A6.3.01 Exterior Opening Schedule 1/14/05
A6.3.02 Exterior Opening Schedule 1/14/05
A6.3.03 Interior Opening Schedule and Louver Schedule 1/14/05
A6.4.01 Exterior Openings Details 1/14/05
A6.4.02 Exterior Openings Details 1/14/05
30f5
Attachment 1 b
July 8, 200S
Enumeration of Project Documents
Collier County Courthouse Annex
Site Development Plans - GMP SET
Agenda Item NO.1 OF
July 26, 2005
Page 14 of 101
~
Page Draft Issue Revision
Number Description Date Date
A6.4.03 Exterior Openings Details 1/14/05
A6.4.11 Exterior Openings Plan Details 1/14/05
FO.2.01 Fire Protection Notes. Symbols & Abbreviations 1114/05
F2.2.01 Fire Protection Plan - First Level 1/14/05
F2.2.02 Fire Protection Plan - Second Level 1/14/05
F2.2.03 Fire Protection Plan - Third Level 1/14/05
F2.2.04 Fire Protection Plan - Fourth Level 1/14/05
F2.2.05 Fire Protection Roof Plans 1/14/05
F5.1.01 Fire Protection Details & Schedules 1/14/05
F5.1.02 Fire Protection Plan Pump Room 1114/05
PO.2.01 Plumbing Notes, Symbols & Abbreviations 1/14/05
P2.2.01 Plumbing Plan - First Level 1/14/05
P2.2.02 Plumbing Plan - Second Level 1/14/05
P2.2.03 Plumbing Plan - Third Level 1/14/05
P2.2.04 Plumbing Floor PlanIRoof Plan - Fourth Level 1/14/05
P2.2.05 Roof Plan - Fifth Level 1/14/05
P3.2.01 Plumbing Enlarged Restrooms Plan - Fuel Oil Details 1/14/05
P4.2.0 I Plumbing Isometrics 1/14/05
P5.0.01 Plumbing Details 1/14/05
MO.O.Ol HV AC Legend. Notes and Abbreviations 1/14/05
M2.1.01 HV AC Demolition Plan First Level & Second Level 1114/05
M2.1.02 HV AC Demolition Plan Third Level & Fourth Level 1/14/05
M2.2.01 HV AC First Level Floor Plan 1/14/05
M2.2.02 HV AC Second Level Floor Plan 1/14/05
M2.2.03 HV AC Third Level Floor Plan 1/14/05
M2.2.04 HV AC Fourth Level Floor Plan 1/14/05
M2.2.05 HV AC Roof Level Floor Plan 1/1 4/05
M3.2.01 HV AC Sections 1/14/05
M4.1.01 HV AC Chilled Water Riser Diagram 1/14/05
M4.1.02 HV AC Airflow Riser Diagram 1/14/05
M5.1.01 HV AC Details 1114/05
M5.1.02 HV AC Details 1/14/05
M6.1.01 HV AC Schedules 11 14/05
M6. 1.1 0 Sequence of Operations 1/14/05
EO.1.01 Symbols, Abbreviations and Lighting Fixture Schedule 1/14/05
EO. 1.02 Electrical Notes 1/14/05
E 1.1.00 Electrical Site Plan 1/14/05
E2.2.0 I Lighting Plan First Level 1/14/05
E2.2.02 Lighting Plan Second Level 1/14/05
E2.2.03 Lighting Plan Third Level 1/14/05
40f5
Attachment 1 b
July 8, 2005
Enumeration of Project Documents
Collier County Courthouse Annex
Site Development Plans - GMP SET
Agenda Item No. 10F
July 26, 2005
Page 15 of 101
/
~
Page Draft Issue Revision
Number Description Date Date
E2.3.01 Power Plan First Level 1/ 14/05
E2.3.02 Power Plan Second Level 1/ I 4/05
E2.3.03 Power Plan Third Level 1/14/05
E2.3.04 Illumination & Power Plan Fourth Level (Shell Space) 1/14/05
E2.3.05 Electrical Plan Roof 1/14/05
E2.4.01 Telephone & Data Plan First Level 1114/05
E2.4.02 Telephone & Data Plan Second Level 1114/05
E2.4.03 Telephone & Data Plan Third Level 1114/05
E2.4.04 Telephone & Data Plan Fourth Level 1/14/05
E2.5.01 Fire Alarm and Security Plan First Level 1/14/05
E2.5.02 Fire Alarm and Security Plan Second Level 1/14/05
E2.5.03 Fire Alarm and Security Plan Third Level 1/14/05
E2.5.04 Fire Alarm and Security Plan Fourth Level 1/ 14/05
E4.1.01 Power Riser Diagram 1114/05
E4.1.02 Fire Alarm and Telephones Riser Diagram 1/ I 4/05
E5.1.01 Panel Schedules 1/14/05
E5.1.02 Panel Schedules 11 14/05
E5.2.01 Electrical Details 11 14/05
E5.2.02 E]ectrical Details 1114/05
E5.2.03 Electrical Detai]s 1/14/05
E5.2.04 Electrical Details ]/14/05
Specifications
CD-ROM Volume I of IT - Coli ier County Courthouse Annex 1/14/05
CD-ROM V olume IT of II - Collier County Courthouse Annex 11 14/05
*** Project Manual - Division 0, Collier County Courthouse Annex 1/] 4/05
5 of 5
Agenda Item No.1 OF
July 26, 2005
Page 16 of 101
Attachment 2
07-08-05
COLLIER COUNTY COURTHOUSE
ANNEX BUILDING
"LIST OF ALLOWANCES"
1. We have included an Allowance of $50,000 for Independent Lab Testing services for the
Annex Building only.
2. We have included an Allowance of $3,500 to relocate water mains if required at the Annex
building as shown on the civil drawings.
3. We have included the Allowance of$12,000 to relocate fire mains if required at the Annex
building as per the specifications.
4. We have included the Signage Allowance of $35,000 as per the specifications.
5. We have included an Allowance of $20,000 for a floating Lake aeration fountain.
6. We have included an Allowance of$15,000 to provide the underground Chilled Waterlines
to within 5' -0" of the Courthouse Annex building from the Central Energy Plant.
(Not shown on the Civil drawings yet)
Agenda Item No. 10F
July 26, 2005
Page 17 of 101
Attachment 3
COLLIER COUNTY COURTHOUSE
ANNEX BUILDING ONLY
QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS
JUL Y 8, 2005
The qualifications, clarifications and assumptions set forth in this exhibit form an integral
part of the Contract to which it is attached and to the extent necessary modify all other
exhibits, terms and conditions of the Contract that may be contradictory or that may set
forth different requirements to be complied with by Contractor. Where materials,
quantities, products and component parts are specified in this exhibit, they shall control
over any contrary provisions contained in other exhibits. Where statements are made that
information, items or services will be provided or furnished by Owner, they constitute
exclusions or alterations from the work that is otherwise set forth in the other terms and
conditions of the Contract and its exhibits. Where they state that items are not included it
means that the Work will be completed without the inclusion of such item and that if
required by Owner it will be the basis for a change order or construction change directive.
Where site conditions are specified, assumed, or assumptions as to the basis for pricing
are set forth, they control over any more comprehensively stated requirements in the
body of the Contract terms and conditions and constitute a limitation on the extent of the
Work to be performed for the guaranteed maximum or fixed price as the case may be.
DIVISION #1 - GENERAL CONDITIONS
1. Permit and impact fees are the responsibility of the Owner.
2. Primary utility service costs are the responsibility of the Owner.
3. Owner/Architect office trailers on the site are not included.
4. We have included an Allowance of $50,000 for Independent Testing Lab services.
5. Builder's Risk Insurance is the responsibility of the Owner. The Owner to be
responsible for any deductibles.
6. The Special Inspector (i.e. Threshold Building Inspector) is by the Owner as per the
specifications.
DIVISION #2 - SITEWORK
1. The cost to haul away any excess excavated material to another county site within ten
miles is included.
10f6
.(..:;
Attachment 3
COLLIER COUNTY COURTHOUSE
ANNEX BUILDING ONLY
QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS
Agenda Item NO.1 OF
July 26, 2005
Page 18 of 101
JUL Y 8, 2005
2. We have not included any Ash Urns within this budget at this time.
3. We have not included any Bike Racks within this budget at this time.
4. We have included an Allowance of$3,500 to relocate water mains if required at the
Annex building as shown on the civil drawings.
5. We have included the Allowance of$12,000 to relocate fire mains if required at the
Annex building as per the specifications.
6. The existing Black Olive Grove by the Annex Building is too close to the proposed
Annex addition. Additional pruning will be required to construct the building.
DIVISIONS #3 AND #4 - CONCRETE AND MASONRY
1. No qualifications
DIVISION #5 - METALS
1. No qualifications
DIVISION #6 - CARPENTRY
I. No qualifications
DIVISION #7 - THERMAL AND MOISTURE PROTECTION
1. We clarify specification section 07620 is included only to the degree possible with
regard to the sheet metal being included in the project Warranty. We clarify that
contrary to the fact that all sheet metal items are specified to be included, the
manufacturer only offers Coping, metal edging/gravel stops, and expansion joints. It
is further clarified that there are no metal edging/gravel stops in the project and the
type of expansion joints specified and required are not available from the
manufacturer; therefore, the only sheet metal available to be included is the Coping.
No other sheet metal components will be included.
20f6
Agenda Item No. 10F
July 26, 2005
Page 19 of 101
Attachment 3
COLLIER COUNTY COURTHOUSE
ANNEX BUILDING ONLY
QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS
JULY 8t 2005
2. We clarify the Coping included in specification section 07620 is included for only the
duration of the roofing system, not longer, and shall be for IS-years, not the 20-years
specified in this section. A finish warranty for 20-years will be included.
3. We clarify specification section 07716 is included; however, reference to it's
inclusion in the project Warranty, is excluded as well as being from the roofing
manufacturer as stated above, due to the fact the type of expansion joints specified
and required are not available from the manufacturer. It is included in the bellows
type specified from a manufacturer engaged in fabricating these products.
4. We clarify Bid Package 7B, line item #19, to included Coping "cap flashing" at all
parapets indicated with the exception of the portion detailed on Detail #16/A5.2.01
where it states these are "by Wall Panel manufacturer"; it is also clarified these will
not be included in the warranty covering the other coping caps.
5. All non-roofing manufacturer supplied sheet metal is stainless steel metal as specified
and are shop fabricated by CRSMFI and non-applicable to the 140-MPH criteria in
07620. These are not available to be included in the metal warranty addenda and are
excluded from such accordingly.
6. Provide manufacturer's Materials and Labor warranty against defects for a period of
15 years including the roofing membrane and the coping *not 20-years indicated in
07620); those metal fabrications not available from the manufacturer are excluded
from the warranty, regardless and contrary to the project specifications.
7. We have included providing a 4mm thick Alucobond products for the Column
Covers, Metal Wall Panels & Metal Column Panels I lieu of the 8mm Centria
Formabond System specified. If custom color is required, it will be an additional cost
of $9,587.
8. Section 07811 Sprayed Fireproofing is not included per our design meetings.
DIVISION #8 - DOORS AND WINDOWS
1. We have included Section 08111 Steel Doors and Frames and Section 08322 Steel
Security Doors and Frames as manufactured by S. W. Fleming as equal to the
specified products.
30f6
'\-""
Attachment 3
COLLIER COUNTY COURTHOUSE
ANNEX BUILDING ONLY
QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS
Agenda Item No.1 OF
July 26, 2005
Page 20 of 101
JULY 8, 2005
DIVISION #9 - FINISHES
1. Anti-fracture underlayment and control joints are included for the epoxy terrazzo
flooring. Glass or plastic aggregates are not included.
2. Water repellants are included at the exterior side only of the architectural precast
panels.
DIVISION #10 - SPECIALTIES
1. We have included providing three (3) Flagpoles as discuss in our design meeting.
2. We have included the Signage Allowance of $35,000 as per the specifications.
3. We have included providing the Metal Canopy Soffit Panels & Fascia panels as
manufactured by Armstrong. (Armstrong Metal Linier Ceiling System)
DIVISION #11 - EQUIPMENT
1. We have not included any window washing anchors, etc. for the Courthouse Annex.
2. We have not included a Parking Control System @ the existing lot since it is now
being utilized for Handicap parking.
DIVISION #12 - FURNISHINGS
1. No qualifications.
DIVISION #13 - SPECIAL CONSTRUCTION
1. We have included an Allowance of $20,000 for a floating Lake aeration fountain.
40f6
Agenda Item No. 10F
July 26, 2005
Page 21 of 101
Attachment 3
COLLIER COUNTY COURTHOUSE
ANNEX BUILDING ONLY
QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS
JUL Y 8, 2005
DIVISION #14 - CONVEYING SYSTEMS
1. We have included the Passenger Elevators #1,2 and 3 at a Rated Speed of 350 fpm in
lieu of the 400 fpm specified as manufactured by ThyssenKrupp Elevator.
DIVISION #15 - MECHANICAL
1. We have included providing standard hub bands for the No Hub Cast Iron piping.
2. We have included an Allowance of$15,000 to provide the underground Chilled
Water lines to within 5'-0" of the Courthouse Annex building from the Central
Energy Plant. (Not shown on the Civil drawings yet.
DIVISION #16 - ELECTRICAL
I. Installation onlv of Fire Pump A TS/Controller included in base.
2. Conduit and wire shown on Sheet E4. I .01 designated for future floors is not included
in this proposal. It is assumed that this portion will be furnished and installed under a
separate contract.
3. Fire Alarm System, CCTV, Card Access, and TeIe/Data Systems are not included and
assumed to be furnished and installed by others.
4. A complete conduit system wi pull string for the Fire Alarm System is included.
5. CCTV, Card Access, and Tele/Data Systems are conduit stub-ups with back box and
pull string to just above accessible ceiling only included in base.
6. Included in the base is the feeder from 'MOP' to 'ATS' and 'MOPE' to generator
(which is not shown on the drawings) with the assumed size of(3) 4" conduits wi (4)
600MCM and (1) 110 A WG ground for each feeder.
7. Included in the base is (I) 4" conduit 100' in length and (1) Handhole, for the
relocation of the Sprint conduit system reflected on Sheet C-5.
50f6
Agenda Item NO.1 OF
July 26, 2005
Page 22 of 101
Attachment 3
COLLIER COUNTY COURTHOUSE
ANNEX BUILDING ONLY
QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS
JULY 8, 2005
8. Relocation of site utilities (with the exception of the Sprint conduit) is not included.
9. A 'Single Point Connection' only is included for all owner furnished and installed
furniture.
10. Included is the' Safe-OW only of circuits feeding the glass structure to be
demolished. All demo by others.
11. A Lightning Protection System wi Counterpoise for the Annex building is included.
12. Generator including a 550 gallon sub-base tank. is included per drawings and
specifications.
13. Remote filling or controls for the generator is not included.
14. The remote control station (F.B.O.) is assumed to be within 10'-0" from the roll up
door.
15. (1) 2" conduit from the new FACP stopped at the elevator lobby of the build out is
included. Conduit from this location to the existing F ACP is not included as the
location is not known.
16. Electrical power for the telephone rooms is included as what is shown on the
drawings only. No provisions for any 'rack mounted' type IG receptacles are
included.
DIVISION #17 - FACILITY MANAGEMENT SYSTEM
I. We have included the costs to provide the specification for an X-Ray Screening
machine to be included in your specification for Division 17 - Facility Management
System devices and the conduit changes requested by Spillis Candela.
60f6
I
.
.
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Attachment 5
Agenda Item No. 10F
July 26, 2005
Page 25 of 101
07/0812005
COLLIER COUNTY COURTHOUSE
ANNEX BUILDING
"LIST OF AL TERNA TES"
ALTERNATE #1:
Remove existing finish floor at the existing ground floor of the Courthouse Lobby areas
and provide new epoxy terrazzo floor as specified in Section 09402. No Floor plan layout
issued for this area at this time.
ADD
$ T.B.D.
ALTERNATE #2:
Demolish and remove the existing exterior Glass Block System, inclusive of structural
supports at the Fifth through Sixth floors of the existing Courthouse and replace with new
Aluminum Storefront System specified in Section 08411 and as indicated on drawings.
(Need a design for the structural reinforcement to fmal price.)
APPROX. ADD $150,000.00
ALTERNATE #3:
Add providing the alternate Two (2) wire "Decoder Control System" for the irrigation
sprinkler system in lieu of the base bid system.
ANNEX BUILDING ADD $ 3,000.00
~
I~-.
Agenda Item No. 10F
July 26, 2005
Page 26 of 101
07-08-05
Attachment 7
Collier County Courthouse Annex and Parking Garage
Revisions to the Contract
1. In article 8.1.2(b), replace the "TBDs" as follows:
a. First "TBD" change to "One (1 )"
b. Second "TBD" change to "$1,985.00" for Garage and "$2,402.00" for
Annex
2. In article 8.1.2(c), replace the "TBDs" as follows:
a. First "TBD" change to "$10,000.00"
b. Second "TBD" change to "$10,000.00"
c. Third "TBD" change to "5%"
d. Fourth "TBD" change to "$10,000.00"
3. In article 8.1.3, change the "TBD" to "5%"
'.
,
Agenda Item No. 10F
July 26, 2005
Page 27 of 101
EXHIBIT A
CONSTRUCTION TEAM ASSIGNED REPRESENTATIVES
(ANNEX BUILDING AND PARKING GARAGE)
Owner:
Board of County Commissioners, CoIlier County, FL
Desil!:n Professional
Construction Manal!:er
TBD (Off site)
Joe Pressler (Offsite)
TBD (Offsite)
Wendy Duckworth and/or Lyn Ross (Offsite)
Brad Kogan and/or Allen Clark (Off site)
Laurie Mattingly (Offsite)
Mark Styles and/or Eduardo Saumell (Offsite)
Pete Murphy (Offsite)
Pete Tuffo (Onsite)
TBD (Onsite)
Shaunna AlJen and/or Lisa Harvey (Onsite)
TBD (Onsite)
TBD (Onsite)
TBD (Onsite)
TBD (On site)
07-08-05
Owner's Representative: Peter Hayden, P.E.
Purchasing Agent: 'Scott D. Johnson
Project Principal
Construction Administrator
Site Representative
Mechanical Engineering Inspector
Electrical Engineering Inspector
Structural Engineering Inspector
Architectural Inspector
Project Executive
Vice President, Estimating
Estimator
Estimator Assistant
M.E.P. Coordinator (Annex)
D.M.P. Clerk
Scheduler
Safety Inspector
Project Manager
Assistant Project Manager
Administrative Assistant
Superintendent (Garage)
Superintendent (Annex)
Assistant Superintendent (Annex)
Labor Foreman
35
."
Agenda Item No. 10F
July 26, 2005
Page 28 of 101
/
,,'
EXHIBIT B
CONSTRUCTION MANAGER'S PERSONNEL
(ANNEX BUILDING AND PARKING GARAGE)
OFF-SITE SUPPORT STAFF
07 -08-05
TBD
Joe Pressler
TBD
Wendy Duckworth and/or Lyn Ross
Brad Kogan and/or Allen Clark
Laurie Mattingly
Mark Styles and/or Eduardo Saumell
Pete Murphy
Project Executive
Vice President, Estimating
Estimator
Estimator Assistant
M.E.P. Coordinator (Annex)
D.M.P. Clerk
Scheduler
Safety Inspector
ON-SITE SUPPORT STAFF
Pete Tuffo
TBD
Shaunna Allen andlor Lisa Harvey
TBD
TBD
TBD
TBD
Project Manager
Assistant Project Manager
Administrative Assistant
Superintendent (Garage)
Superintendent (Annex)
Assistant Superintendent (Annex)
Labor Foreman
36
~,
EXHIBIT G
Agenda Item No. 10F
July 26, 2005
Page 29 of 101
CONSTRUCTION MANAGER'S PER DIEM STAFF FOR TIME
07 -08-05
EXTENSIONS PER 8.1.2 (1 )(b)
(ANNEX BUILDING AND PARKING GARAGE)
Individual
TBD
Joe Pressler
TBD
Wendy Duckworth and/or Lyn Ross
Brad Kogan or Allen Clark
Laurie Mattingly
Mark Styles or Eduardo Saumell
Pete Murphy
Pete Tuffo
TBD
Shaunna Allen and/or Lisa Harvey
TBD
TBD
TBD
TBD
(Offsite)
(Off site)
(Offsite)
(Offsite)
(Off site)
(Off site)
(Offsite)
(Offsite)
(Onsite)
(Onsite)
(Onsite)
(Onsite)
(Onsite)
(Onsite)
(Onsite)
Title
Project Executive
Vice President, Estimating
Estimator
Estimator Assistant
M.E.P. Coordinator
D.M.P. Clerk
Scheduler
Safety Inspector
Project Manager
Assistant Project Manager
Administrative Assistant
Superintendent (Garage)
Superintendent (Annex)
Assistant Superintendent (Annex)
Labor Foreman
43
Percentage
of Time
Available
20%
10%
5%
10%
10%
20%
5%
10%
100%
100%
100%
100%
100%
30%
100%
-,
Agenda Item NO.1 OF
July 26, 2005
Page 30 of 101
EXHIBIT H
CONSTRUCTION MANAGER'S PERSONNEL TO BE
07 -08-05
ASSIGNED DURING CONSTRUCTION OFF-SITE
(ANNEX BUILDING AND PARKING GARAGE)
Individual
Title
Percentage
Duration of Time
in Months Available
Robert Carsello
Joe Pressler
TBD
Wendy Duckworth and/or Lyn Ross
Brad Kogan or Allen Clark
Mark Styles or Eduardo Saumell
Laurie Mattingly
Pete Murphy
Project Executive
Vice President, Estimating
Estimator
Estimating Assistant
M.E.P. Coordinator
Scheduler
D.M.P. Clerk
Safety Inspector
16 20%
16 10%
16 5%
16 10%
16 10%
]6 5%
16 20%
16 10%
44
" .
EXHIBIT I
CONSTRUCTION MANAGER'S PERSONNEL TO BE
ASSIGNED DURING CONSTRUCTION ON-SITE
(ANNEX BUILDING AND PARKING GARAGE)
Individual
Pete Tuffo
TSD
Shaunna Allen and/or Lisa Harvey
TSD
TSD
TSD
TSD
Title
Duration
in Months
Agenda Item No. 10F
July 26, 2005
Page 31 of101
07 -08-05
Percentage
of Time
Available
100%
100%
100%
100%
100%
100%
100%
Project Manager
Assistant Project Manager
Administrative Assistant
Superintendent (Garage)
Superintendent (Annex)
Assistant Superintendent
Labor Foreman
16
16
16
12
]6
4
16
45
Date: July 15,2005
E-Mailed To Bonnie: 7/15/05
July 26, 2005
Page 32 of 101
THIS ITEM WILL BE
REPORTED TO THE Bee
LOG FOR FINANCE ONLY.
Project Name: CM At Risk Courthouse Annex Parking Garage
Project Number: 52533
BIDIRFP #:
04-3576
Mod#:
Amendment #2
PO#:
4500025867
Work Order Number: NA
Contractor/Consultant: Kraft Construction. Inc.
Original Contract Amount: $ 115.000.00
(Starting Point)
CulTent BCC Approved Amount:
$ 10.955.143.00
(Last Total Amount Approved by the BCe)
Current Contract Amount:
$ 10,955.143.00 ._____.
(Including All Changes Prior To This Modification)
Change Amount:
$ 20.646.800.00
Revised ContractlWork Order Amount: $ 31.601.943.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: S 31.486.943.00
Percentage Of The Change Over/Under CUlTent Contract Amount:
188.47
%
Overview of change:
Courthouse Annex.
the contract to include the Guaranteed Maximum Price (GMP) for the construction of the
Scanned Date:
Date:
7;; ~\r
,
Contract Specialist:
7/
Data Entry Information:
Type of Change: Contract
Project Manager: Peter Hayden
Department: Facilities Management
Chan e Ca
e, Circle One Below:
-'......"
l. Planned or Elective
2. Unforeseen Conditions
3. Quantity Adjustments
4. Correction of Errors
5. Value Added
6. Schedule Adjustments
")
Scanned copies o/the back up documentation may be located an the Purchasing G drive:
a:ICurrent-Changes to Contracts
a:1 Current - Changes to Work Orders
Revised 7/11/05
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No.1 OF
July 26, 2005
Page 33 of 101
PROJECT NAME: Courthouse Annex
PROJECT #: ~
BID/RFP #: 04-3576 MOD #: Amendment #2
PO#:4500025867 WORK ORDER #: t!A
DEPARTMENT: Facilities Manaaement
Original Contract Amount:
Current BCC Approved Amount:
Current Contract Amount:
$115.000.00 (Starting Point)
$10.955.143.00 (Last Total Amount Approved by the BCG)
$10,955,143.00 {Including All Changes Prior To This Modification}
$20.646.800.00
$31.601.943.00 (Including This Change Order)
Change Amount:
Revised ContractIWork Order Amount:
Cumulative Dollar Value of Changes to this ContractIWork Order:
$31.486.943.00
Percentage of the change over/under current contract amount: 188.47%
Formula: (Current Amount I Last BCC approved amount).1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds. please refer to the Contract
Administration Procedures, Section III. CA.
Date of Last BCC Approval June 14, 2005
Agenda Item # 16.E.9
CURRENT COMPLETION DATE (S):ORIGINAL: May 2005
CURRENT: May 2007
SUMMARY OF PROPOSED CHANGE (5): Identify the chanaes. The oncinal contract called for participatinc in
the desian of the proiect - the construction efforts were intended to be added by amendment. This GMP
amendment is for the second phase of the contract. The first phase. the Courthouse Annex Parkina Deck. is
underway and this second phase is for the Courthouse Annex floors 1-4.
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project? This
GMP initiates construction of the Courthouse Annex and was planned for execution in this manner.
PARTIES CONTACTED REGARDING THE CHANGE: Purchasinc: Linda Jackson, Facilities: Skip Camp, Ron
Hovel!. Clerk's Finance: Bonnie Baer
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
...:L. Proposed change is consistent with the scope of the existing agreement
~ Proposed change is in fact an addition or deletion to the existing scope
~ Change is being implemented in a manner consistent with the existing agreement
~ The appropriate parties have been consulted regarding the change
~ Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MAN
(
APPROVE BY:
Proe
REVIEWED BY,'
C
Date:
Revised 4/25/2005
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EXHIBIT E
Agenda Item No. 10F
July 26. 2005
Page 35 of 101
DRAFr
.. ,
\;, i
AMENDMENT NO.2 TO AGREEMENT BETWEEN
OWNER AND CONSTRUCTION MANAGER
Pursuant to Aniclcs 7 and 8 of the Agreement, dated Mlrcb 9.1004 between The Board of County Commissionmo or Collier County.
Florida, a political subdivision of the State of Florida ("Owner") and Knft Construction Comoallv. Tnc:.
("Construction Manager"), for management and construction of the Courthouse Annex and PlII'king Garage ("Project"). the Owner and Construction .
Manoger hereby establish the Constructions Manager's fee, Cost of the Project, Guanmteed Maximum Price and Contract Time for the Work as set forth
below:
I. CONSTRUCfION MANAGER'S FEE
The Construction Manager's fee, as defined in Article 8.1.2 of the Agreement, for work or services performed during the Construction Phase for
the COllrtllouse Annex Bulldin. only shall be $831,811.00. The Construction Phase Fee for the CoUrthOUM Annex Building only shall be
invoiced and paid in Fifteen (IS) monthly payments of 552,050.00 each and one final monthly payment of 552,061.00. The first monthly
Application for Payment shall be submitted no earlier than thirty days following the issuance of the first Construction Authorization by Owner's
Representative and the final Application for Payment shall be paid only when construction of the project is finally completed and occupancy of
the Project accepted by the Owner. The Overhead and Profit for the Courthouse Annex Buildlnl only for the Construction Phase, as
deftned In Article 8.1.3 of the Arreement, shall be 5983,181.00. This Overhead and Profit foJ' the Parking Carage only sban be invoked
u defined in Article 8.1.3.
2. COST OF TIlE PROJECf
The total Cost of the Courthouse Annell Bulldlnl Project only as defined in Article 9 of this Agreement is 518.830.808.00.
3. CUARANTEED MAXIMUM
Construction Manager's Guaranteed Maximum Price for the Courthouse Annex Bulldlnl Work only, including the Construction Manager's Fee,
O&P for the CoastructioD Phase, and Cost of the Project is 5%0.646.800.00. This Price is for the perfonnance of the Work in accordance with
the Contract Documents listed and attached to this Amendment and marked Attachments I through 6, as follows:
Attachment Description Pages Dated
Number
Ia. GMP Proposal letter with Cost I thru 4 07-08-05
Breakdown for the Courthouse
Annex Building
lb. Drawings, Specifications, Ithru5 07-08-05 GMP SET
Addenda and General,
Supplementary and other
Conditions of the Contract
On which the Guaranteed
Maximum Price for the
Courthouse Annex Building
is based.
2. Allowance items Ithru I 07-08-05
3. Assumptions and clarifications Ithru6 07-08-05
made in preparing the GMP set
Guaranteed Maximum Price.
4. Completion schedule Ithru2 07-08-05
S. Alternate prices I thru 1 07-08-05
6. Unit Prices o thru 0 N.A.
7. Revisions to the Contract llhrul 07.08-05
8. Completed Exhibits A, B, G, H & I lthru5 07-08-05
Agenda Item No. 10F
July 26, 2005
Page 36 of 101
4. CONTRACT TIME
The total period of time beginning with the Construction Phase Commencement Date for the Courthouse Annes: Building Only
to the date of Substantial Completion of the Work for the Courthouse Annex Bunding is 490 calendar days ("Contract Time"). *
Commencement date cannot be Issued unu1 the appropriate permission ls received to begin on site eonstruettoD.
CONSTRUCTION MANAGER
KRAFT CONSTRUCTION COMPANY, INC.
Attest:
By:
By:
COIpOrate Secretary
Title:
As Witnessed:
By
(Corporate Seal)
OWNER
ATTEST:
BOARD OF COUNTY COMMISSIONERS
COLUER COUNTY, FLORIDA
DWIGHTW. BROCK, CLERK
By
By
FRED W. COYLE, CHAIRMAN
DEPUTY CLERK.
Date:
Approved as to form and legal sufficiency:
Robert N. Zachary, Assistant County Attorney
2
\.
ATTACHMENT Ja
Agenda Item NO.1 OF
July 26, 2005
Page 37 of 101
l it'
July 8, 2005
Mr. Peter S. Hayden, P.E. Senior Project Manager
Collier County Government
Department of Facilities Management
3301 Tamiami Trail East, Building W
Naples, FL 34112
RE: COURTIIOUSE ANNEX BUlLDING ONLY
NAPLES, FLORIDA
Dear Mr. Hayden:
We are pleased to provide you with this GMP Cost Estimate for the proposed "Courthouse
Annex Building". The GMP Cost Estimate was based upon the enumerated Project
Documents as prepared by Spillis Candela DMJM, Inc. and our list of Qualifications,
Clarifications and Assumptions.
Our GMP Cost Estimate is as follows:
GMP Cost for the Courthouse Annex is......... ................... $20,646,800.00
We have included a 2 % Construction Managers Contingency within this GMP amount.
If you have any questions, feel free to call.
Sincerely,
KRAFT CO
J!::~~
Vice President/Estimating
Attachments:
Enumeration of the Project Documents dated July 8,2005
List of Qualifications, Clarifications & Assumptions, dated July 8,2005
JLP:rd
.2606 Horseshoe Orive S. · Naples, Florida 34104 . (239] 643-6OCXJ . FSlC (239] 643-0090
0' 8350 Metro Parkway. Suite 804. Fort Myers. Florida 33912. (239) 561-5181 . Fax (239) 581-5129
040 S. Pineapple Avenus · Saraaots. Florida 34238 . (941) 330-8990 . Fax (941) 330-8994
WNW. kraftoonstruction. com
~.
,
ATTACHMENT .1a
Standard Estimate Report
Collier CoulthouN Annu
Agenda Item No.1 OF
July 26, 2005
Page 38 of 101
Page 0
7181200510:03 AM
. CollletCounty
Courlhouse Annex
..-. ., ,';. ".- - .,'.--"- ,
GMpc6St: EstImate
Project name Collier Courthouse Annex
Collier Cnty Govt Complex
Naples
FL 34112
Collier
Client Collier County Govt
Arehltect SpUUs Candela DMJM
Engineer TKW Consulting Engrs
Document GMP Bid Set 01-14-05
Estimator Kraft Construction Co,ine
Job size 77330 acst
ATTACHMENT 1 a
Standard Estimate Report
Coillei' Courlhou.. Ann.x
Agenda Item No.1 OF
July 26, 2005
Page 39 of 101
.- Page
71812005-'10:03 AM
~;)'i~~~\~~~'iti~~i::ft,~-\~.1tr;:%~~:;1
Deecrtptlon Quantity Unit Coat Amount
1970.00 FIELD REIMBURSABLES n,330.00 SFAC 6.39/SFAC 493,984
2000.00 OEMOUTION 77,330.00 SFAC 2.03/SFAC 156;675
2090.00 SITE SURVEY & LA your 77.330.00 SFAC O.13/SFAC 9,935
2100.00 SITE PREP & EXCAVATION n .330.00 SFAC 9.271/SFAC 716.948
2500.00 WATER, STORM, & SEWER 77.330.00 SFAC 2.804ISFAC 218.863
2700.00 PAVING & CURBS 77.330.00 SFAC 1.28/SFAC 98,992
2800.00 SITE IMPRVMNT& LANDSCA 77,330.00 SFAC 2.88/SFAC 222.450
3000.00 CAST IN PLACE CONCRETE 77,330,00 SFAC 4O.23/SFAC 3.110,931
3400.00 PRECAST CONCRETE 77,330.00 SFAC 21.903ISFAC 1.693,776
4000.00 MASONRY 77,330.00 SFAC 1
5000.00 8TR STEEL & DECKING 77.330.00 SFAC 3.583ISFAC 277,091
5700.00 ORNAMENTAL METALS 77.330.00 SFAC 3.33/SFAC 257.093
5800.00 EXPANSION CONTROL 77.330.00 SFAC O.18/SFAC 13,730
8000.00 ROUGH CARPENTRY 77,330.00 SFAC 2.39/SFAC 184.471
6200.00 FINISH CARPENTRY 77.330.00 SFAC 1
7000.00 INSULATION & MOISTURE 77,330.00 SFAC 1,3131SFAC to1.541
7300.00 ROOFING 77.330.00 SFAC 9.07 ISFAC 701,372
8000.00 DOORS & HARDWARE 77.330.00 SFAC 5.04/SFAC 389.768
8500.00 WINDOWS & GLASS 77.330.00 SFAC 15.142/SFAC 1,170,911
9200.00 PLASTER & STUCCO 77,330.00 SFAC 1
9250.00 DRYWALL 77,330.00 SFAC 11.42/SFAC 883.051
9300.00 Tll..E, STONE. COUNTERTOF 77,330.00 SFAC 0.67/SFAC 51,446
9500.00 ACOUSTICAL 77,330.00 SFAC 3.78/SFAC 292,320
9550.00 FINISH FLOORING 77.330.00 SFAC 8.39/SFAC 648.638
9900.00 PAINT & WALl COVER n,33O.oo SFAC 2.40 /SFAC 185,233
1??oo.00 SPECIAUTIES 77,330.00 SFAC 4.491/SFAC 347,286
11000.00 EQUIPMENT n.33O.OO 8FAC O.l541SFAC 11.903
12000.00 FURNISHINGS 77.330.00 SFAC 1.881/SFAC 145,485
13000.00 SPECIAL CONSTRUCTION 77.330.00 SFAC O.26/SFAC 20.000
14000.00 CONVEYING SYSTEMS n,330.oo SFAC 6.79/SFAC 524,797
15000.00 PWMBING 77.330.00 SFAC 3.43/SFAC 265,170
15300.00 FIRE PROTECTION 77,330.00 SFAC 3.56/SFAC 275.268
15500.00 HVAC 77.330.00 SFAC 11.392/SFAC 880.969
16000.00 El..ECTRlCAL 77.330.00 SFAC 17.721/SFAC 1,370.400
17000.00 SYSTEMS & COMMUNICATI( n,330.00 SFAC 31.19/SFAC 2.411,588
-
1-
ATTACHMENT 1a
Standard Estimate Report
Collier Courttlou.. Annex
Agenda Item No.1 OF
July 26, 2005
Page 40 of 101
Page 2
7181200510:03AJW
Estimate Totals
Labor 100,922 15.015 h,.
AIaterlaI 8, 72'
Subcontntct 17,860,"4
Other 16'.1#16
",130,_ 18,130,086
State Sa'- T..... 524 1.000 "
....bor Burden 5B.03D 67.500 "
5B,5IU 1.,I88,tJ4(J
Bu'.... RIM lntIur. By OWner
GtIMI'tII ,-,-",1I1y IMu",1If>> '''.304 0JI20 "
161,304 18,357,944
ImpllCt F... By Own..
Building P<<mIt By 0...,..,.
PrltnIIIY UtIlity Svce Fea By 0
18,367,944
Con" ltg, ContJngMICy (2%) 317.151 2.000 "
367,151 18,12',103
Bond: PIIyment A PIKfonn_nctI 105.705
108,706 18,B3O,BOB
Con" PhIl.. F.. (Qen Conti) 832,811
Con" PhIl.. OH & 1'rofII F.. 983.181 5.000 "
1,116,9112 2D,tUIi,BOO
Tot./ 20,fUII,BOO 2tJ&flltI IlIOtIf
Attachment 1 b
July 8, 2005
Enumeration of Project Documents
Collier County Courthouse Annex
Site Development PlaDS - GMP SET
Agenda Item No. 10F
July 26, 2005
Page 41 of101
~
Page Draft Issue Revision
Number Description Date Date
Plans as designed by SpilUs Ctmdela DMJM
AO.l.Ol Index of Drawim~s1SymboIs and Abbreviations 1/14105
C-l Cover Sheet, Legal & Location MaD 1114/05
C-2 Existing Conditions and Aerial Photo 1114/05
C-3 Demolition Plan 1IJ4/05
C-4 Site Plan 1114105
C-5 Paving, Grading and Drain12e Plan 1/14105
C-6 Utility Plan 1114/05
C-7 Pavim! and Drainage Details t114/05
C-8 Pavin2 and Drainage Details 11 14/05
C-8 (duplicate) Paving and Draina2e Details 1/14105
C-9 Collier County Utility Details 1/14105
C-W Collier Countv Utility Details 1114105
C-Il SWP3 Plan 1114105
C-12 Erosion Control Details 1/14105
LA-20I Existing Conditions and Vegetation Plan 1114/05
LA-203 Plantina Plan 1/14/05
LA-205 Plantinll Details 1/14/05
LA-2OO Irrigation Plan 1/ 14/05
81.0.00 Abbreviations, Symbols and General Notes 1/14105
52.2.01 Foundation and First Level Framing Plan 1/14105
S2.2.02 Second Level Framing Plan 1/1 4/05
522.03 Third Level Framing Plan III 4/05
S2.2.04 Fourth Level Framing Plan 1/14/05
52.2.05 Fifth Level Framing Plan 1114/05
53.0.00 Pile Cap and Foundation Details 1/14/05
S3.0.01 Pile Cap and Reinforcing Details 1/14/05
S3.0.02 Footing Schedule and Foundation Details 1/ 14/05
53.0.03 Foundation Details 1/14/05
S4.0.00 Column Schedule 1/14105
54.1.00 Beam Schedule l/14/O5
54.1.01 Beam Schedule 1114/05
S4.1.02 Beam Schedule and Details 1/14105
54.2.00 Shear Wall Plan and Elevations 1/14/05
54.2.01 Partial Structural Elevation and Canopy Plan 1/14/05
S5.0.00 Masonry Schedule and Details !/14/O5
56.0.00 Sections and Details 1114/05
56.0.01 Sections and Details 1/14/05
S6.0.02 Sections and Details III 4/05
56.0.03 Sections and Details lII4/05
I of 5
Attachment 1 b
July 8. 2005
Enumeration of Project Documents
Collier County Courthouse Annex
Site Development Plans - GMP SET
Agenda Item No. 10F
July 26, 2005
Page 42 of 101
1-
t",p
I
~
Page Draft Issue Revision
Nwnber DescriDtion Date Date
A1.1.0 t Architectural Site Plan 1/14/05
A1.1.1 t Site Details 1/14/05
A1.2.00 Life Safety Site Plan and Calculations 1/14/05
A1.1.0 1 First Level Life Safety Plan 1/14/05
A 1.2.02 Second Level Life Safety Plan 1/14/05
Al.2.03 Third Level Life Safety Plan 1/14/05
A 1.2.04 Fourth Level Life Safety Plan t114/05
Al.3.01 Geometry Plan - First Level 1114105
A 1.3.02 Geometry Plan - Second Level 1/14/05
Al.3.03 Geometry Plan - Third Level 1/14105
Al.3.04 Geometry Plan - Fourth Level 1114/05
AI.3.05 Geometry Plan - Fifth LeveVSixth Level 1/14/05
A2.1.0l Demolition Plan - First Level & Second Level 1/14/05
A2.1.02 Demolition Plan - Third Level & Fourth Level 1/14/05
A2.1.03 Demolition Plan - Fifth Level 1114105
A2.1.11 Demolition Section 1/14105
A2.2.01 Floor Plan - First Level 1/14/05
A2.2.02 Floor Plan - Second Level 1/14/05
A2.2.03 Floor Plan - Third Level 1/14/05
A2.2.04 Floor Plan - Fourth Level 1/14/05
. A2.2.05 Elevator Machine Room Roof Plans - Fifth and Sixth Levels 1/14/05
A2.2.11 Precast Panels Floor Plan - First Level 1/14/05
A2.2.12 Precast Panels Floor Plan - TVP Levels (2nd-4th) and Fifth Level 1/14/05
A2.3.01 Reflected Ceiling Plan - First Level 1/14/05
A2.3.02 Reflected Ceilin2 Plan - Second Level 1114105
A2.3.03 Reflected Ceiling Plan - Third Level 1/14/05
A2.3.04 Reflected Ceilin2 Plan - Fourth and Fifth Levels 1/14/05
A2.4.0 1 Interior Finish Plan - First Level 1/14/05
A2.4.02 Interior Finish Plan - Second Level 1/14/05
A2.4.03 Interior Finish Plan - Third Level 1/14/05
A2.4.04 Interior Finish Plan - Fourth Level 1/14/05
A2.4.11 Enlar2ed Floor Patterns 1114/05
A2.4.l2 Enlarged Floor Pattern - Existing Courthouse 1/14/05
A2.5.01 Furniture Floor Plan - First Level 1/14/05
AS.S.02 Furniture Floor Plan - Second Level 1/14/05
A2.5.03 Furniture Floor Plan - Third Level 1/14/05
A3.1.01 Restrooms Enlanted Plan & Plumbing Fixtures Elevations 1/14/05
AJ.1.02 Restrooms Elevations 1/14105
A3.2.01 Stair #1 Enlarged Floor Plan, Section and Details 1/14/05
A3.2.02 Stair #2 Enlar2ed Floor Plan, Section and Details 1/14/05
20fS
Attachment Ib
, July I, 200S
Enumeration of Project Documents
Collier County Courthouse Annex
Site Development Plans - GMP SET
Agenda Item No. 10F
July 26, 2005
Page 43 of 101
~
Page Draft Issue Revision
Number DescriPtion Date Date
AJ.2.03 Lobby Stair Enlarged Floor Plans and Details 1/14105
A3.3.01 Enlarged Elevator Plans 1/14/05
A3.3.02 Elevator Section 1/14105
A3.4.01 Enlarged Plans 1114/05
A4.1.01 BuHdinJit Elevations 1/14105
A4.l.02 BuiIdin~ Elevations 1114/05
A4.2.01 Buildin5r Sections 1/14/05
A4.2.02 Buildin~ Sections 1/14/05
A4.3.01 Partial Build~ Elevations 1/14/05
A4.4.01 Wall Sections 1/14105
A4.4.02 Wall Sections 1/14/05
A4.4.03 Wall Sections 1/14105
A4.4.04 Wall Sections 1/14/05
A4.4.05 Wall Sections 1/14/05
A4.4.06 Wall Sections 1/14105
A4.4.07 Wall Sections 1/14/05
A4.4.09 Wall Sections 1/14/05
A4.4.1O Wall Sections 1/14/05
A4.4.11 Wall Sections 1/14105
A4.4.12 Wall Sections 1/14/05
AS.l.OI Exterior Details 1/14/05
A5.1.02 Exterior Details 1/14105
A5.1.l1 Miscellaneous Details 1/14/05
AS.2.0t Roof Details 1/14/05
A5.2.02 Roof Details 1/14/05
AS.2.ll Canopy Details 1/14/05
AS.3.01 Interior Details 1/14/05
A5.3.l1 Ceiling Details 1/14105
AS.4.01 Millwork Enlarged Plans 1/14/05
AS.4.l1 Millwork Elevations 1/14/05
A5.4.21 Millwork. Sections 1/14/05
A6.1.01 Partition Types 1114/05
A6.2.01 Door Schedules & Door Types 1/14105
A6.2.11 Door Details 1/14/05
A6.2.12 Door Details 1/14/05
A6.3.01 Exterior Opening Schedule 1/14/05
A6.3.02 Exterior Opening Schedule 1114/05
A6.3.03 Interior Opening Schedule and Louver Schedule 1114/05
A6.4.0I Exterior Openings Details 1/14/05
A6.4.02 Exterior Openings Details 1114/05
30f5
Attachment Ib
July lI, 2005
Enumeration of Project Documents
Collier County Courthouse Annex
Site Development Plans - GMP SET
Agenda Item No. 10F
July 26, 2005
Page 44 of 101
~
Page Draft Issue Revision
Number Description Date Date
A6.4.03 Exterior Openin2s Details 1/14/05
A6.4.11 Exterior Openine:s Plan Details 1/14/05
FO.2.01 Fire Protection Notes, Symbols & Abbreviations 1/14/05
F2.2.0 I Fire Protection Plan - First Level J/14/05
F2.2.02 Fire Protection Plan - Second Level 1/14105
F2.2.03 Fire Protection Plan - Third Level 1/14/05
F2.2.04 Fire Protection Plan - Fourth Level 1/14/05
F2.2.05 Fire Protection Roof Plans I/14/05
F5.1.0l Fire Protection Details & Schedules 1/14/05
F5.1.02 Fire Protection PIan Pump Room 1/14/05
PO.2.0l Plumbing Notes. Symbols & Abbreviations 1/14/05
P2.2.0 1 Plumbing Plan - First Level 1/14/05
P2.2.02 Plumbing Plan - Second Level 1/14105
P2.2.03 Plumbinl! Plan - Third Level 1/14/05
P2.2.04 PlumbinS! Floor Plan/Roof Plan - Fourth Level 1/14/05
P2.2.05 Roof Plan - Fifth Level 1/14/05
P3.2.01 Plumbing Enlar2ed Restrooms Plan - Fuel Oil Details 1/14/05
P4.2.01 Plumbing Isomebics 1/14/05
PS.O.Ol PlumbilU{ Details 1114/05
MO.O.Ot HV AC Leeend, Notes and Abbreviations 1114105
M2.I.Ot HV AC Demolition Plan First Level & Second Level 1/14105
M2.1.02 HV AC Demolition Plan Third Level & Fourth Level 1/14/05
M2.2.01 HV AC First Level Floor Plan I/14/05
M2.2.02 HV AC Second Level Floor Plan 1/14105
M2.2.03 IN AC Third Level Floor Plan 1/14/05
M2.2.04 HV AC Fourth Level Floor Plan 1/14/05
M2.2.05 HV AC Roof Level Floor Plan 1/14/05
M3.2.01 MY AC Sections 1/14/05
M4.1.01 HV AC Chilled Water Riser Dia21'll111 1/14/05
M4.1.02 HV AC Airflow Riser Diaeram 1/14/05
M5.1.01 HV AC Details 1114105
MS. 1.02 HV AC Details 1/14105
M6.1.01 HV AC Schedules 1/14/05
M6.1.l 0 Sequence of Operations 1114/05
EO. 1.01 Symbols. Abbreviations and Lightin2 Fixture Schedule 1/ 14105
EO. 1.02 Electrical Notes 1/14105
E1.1.00 Electrical Site Plan 1/14105
E2.2.01 Lighting Plan First Level 1/14105
E2.2.02 Lighting Plan Second Level 1114105
E2.2.03 Lilzhtin~ Plan Third Level 1/14105
4of5
Attachment 1 b
Ju1y 8, 200S
Enumeration of Project Documents
Collier County Courthouse Annex
Site Development Plans - GMP SET
Agenda Item No. 10F
July 26, 2005
Page 45 of 101
/
~
Page Draft Issue Revis ion
Number Description Date Date
E2.3.01 Power Plan First Level 1/14/05
E2.3.02 Power Plan Second Level 1/14/05
E2.3.03 Power Plan Third Level 1/14/05
E2.3.04 Dlumination & Power Plan Fourth Level (Shell Space) 1/14105
E2.3.05 Electrical Plan Roof 1/14105
E2.4.01 Telephone & Data Plan First Level 1/14105
E2.4.02 Telephone & Data Plan Second Level 1/14105
E2.4.03 Telephone & Data Plan Third Level 1/14105
E2.4.04 Telephone & Data Plan Fourth Level 1/14105
E2.5.01 Fire Alarm and Security Plan First Level 1/14105
E2.5.02 Fire Alarm and Security Plan Second Level 1114105
E2.5.03 Fire Alarm and Security Plan Third Level 1/14105
E2.S.04 Fire Alarm and Security Plan Fourth Level 1/14/05
E4.1.01 Power Riser Dia2f3.1D 1/14/05
E4.1.02 Fire Alarm and Telephones Riser Diagram 1/14105
E5.l.01 Panel Schedules 1/14/05
E5.1.02 Panel Schedules 1114/05
ES.2.01 Electrical Details 1/14/05
ES.2.02 Electrical Details 1/14/05
E5.2.03 Electrical Details 1/14/05
E5.2.04 Electrical Details II 14/05
Specijicotions
CD-ROM Volume I of II - Collier County Courthouse Annex 1114/05
CD-ROM Volume II of n - Collier County Courthouse Annex 1/14/05
..... Pro.iect Manual - Division 0, Collier County Courthouse Annex 1/14105
50f5
Agenda Item No. 10F
July 26, 2005
Page 46 of 101
Attachment 2
07-08-05
COLLIER COUNTY COURTIIOUSE
ANNEX BUILDING
"LIST OF ALLOWANCES"
1. We have included an Allowance of $50,000 for Independent Lab Testing services for the
Annex Building only.
2. We have included an Allowance of $3,500 to relocate water mains ifrequired at the Annex
building as shown on the civil drawings.
3. We have included the Allowance of$12,000 to relocate fire mains ifrequired at the Annex
building as per the specifications.
4. We have included the Signage Allowance of $35,000 as per the specifications.
5. We have included an Allowance of $20,000 for a floating Lake aeration fountain.
6. We have included an Allowance ofS15,OOO to provide the underground Chilled Water lines
to within 5'-0" of the Courthouse Annex building from the Central Energy Plant.
(Not shown on the Civil drawings yet)
Agenda Item No.1 OF
July 26, 2005
Page 47 of 101
Attachment 3
COLLIER COUNTY COURmOUSE
ANNEX BUILDING ONLY
QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS
JULY 8,2005
The qualifications, clarifications and 'assumptions set forth in this exhibit form an integral
part of the Contract to which it is attached and to the extent necessary modify all other
exhibits, terms and conditions of the Contract that may be contradictory or that may set
forth different requirements to be complied with by Contractor. Where materials,
quantities, products and component parts are specified in this exhibit, they shall control
over any contrary provisions contained in other exhibits. Where statements are made that
information, items or services will be provided or furnished by Owner. they constitute
exclusions or alterations from the work that is otherwise set forth in the other terms and
conditions of the Contract and its exhibits. Where they state that items are not included it
means that the Work will be completed without the inclusion of such item and that if
required by Owner it will be the basis for a change order or construction change directive.
Where site conditions are specified, assumed, or assumptions as to the basis for pricing
are set forth, they control over any more comprehensively stated requirements in the
body of the Contract terms and conditions and constitute a limitation on the extent of the
Work to be performed for the guaranteed maximum or fixed price as the case may be.
DMSION #1 - GENERAL CONDITIONS
1. Permit and impact fees are the responsibility of the Owner.
2. Primary utility service costs are the responsibility of the Owner.
3 . Owner/Architect office trailers on the site are not included.
4. We have included an Allowance of $50,000 for Independent Testing Lab services.
S. Builder's Risk Insurance is the responsibility of the Owner. The Owner to be
responsible for any deductibles.
6. The Special Inspector (i.e. Threshold Building Inspector) is by the Owner as per the
specifications.
DIVISION #2 - SITEWORK
1. The cost to haul away any excess excavated material to another county site within ten
miles is included.
lof6
,f
Agenda Item NO.1 OF
July 26, 2005
Page 48 of 101
4.
Attachment 3
COLLIER COUNTY COURTHOUSE
ANNEX BUILDING ONLY
QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS
JULY 8, 2005
2. We have not included any Ash Ums within this budget at this time.
3. We have not included any Bike Racks within this budget at this time.
4. We have included an Allowance of $3,500 to relocate water mains if required at the
Annex building as shown on the civil drawings.
5. We have included the Allowance of$12,000 to relocate fire mains if required at the
Annex building as per the specifications.
6. The existing Black Olive Grove by the Annex Building is too close to the proposed
Annex addition. Additional pruning will be required to construct the building.
DIVISIONS #3 AND #4 - CONCRETE AND MASONRY
1. No qualifications
DIVISION #5 - METALS
1. No qualifications
DIVISION #6 - CARPENTRY
1. No qualifications
DIVlSION #7 - THERMAL AND MOISTURE PROTECTION
1. We clarify specification section 07620 is included only to the degree possible with
regard to the sheet metal being included in the project Warranty. We clarify that
contrary to the fact that all sheet metal items are specified to be included. the
manufacturer only offers Coping, metal edging/gravel stops, and expansion joints. It
is further clarified that there are no metal edging/gravel stops in the project and the
type of expansion joints specified and required are not available from the
manufacturer; therefore, the only sheet metal available to be included is the Coping.
No other sheet metal components will be included.
20f6
,-, ..~,
Attaehment 3
COLliER COUNTY COURTHOUSE
ANNEX BUILDING ONLY
QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS
Agenda Item No.1 OF
July 26, 2005
Page 49 of 101
JUL Y 8, 2005
2. We clarify the Coping included in specification section 07620 is included for only the
duration of the roofing system, not longer, and shall be for 15-years, not the 20-years
specified in this section. A finish warranty for 20-years will be included.
3. We clarify specification section 07716 is included; however, reference to it's
inclusion in the project Warranty, is excluded as well as being from the roofmg
manufacturer as stated above, due to the fact the type of expansion joints specified
and required are not available from the manufacturer. It is included in the bellows
type specified from a manufacturer engaged in fabricating these products.
4. We clarify Bid Package 7B, line item #19, to included Coping "cap flashing" at all
parapets indicated with the exception of the portion detailed on Detail #16/A5.2.01
where it states these are "by Wall Panel manufacturer"; it is also clarified these will
not be included in the warranty covering the other coping caps.
5. All non-roofmg manufacturer supplied sheet metal is stainless steel metal as specified
and are shop fabricated by CRSMFI and non-applicable to the 140-MPH criteria in
07620. These are not available to be included in the metal warranty addenda and are
excluded from such accordingly.
6. Provide manufacturer's Materials and Labor warranty against defects for a period of
IS years including the roofing membrane and the coping *not 20-years indicated in
07620); those metal fabrications not available from the manufactw-er are excluded
from the warranty, regardless and contrary to the project specifications.
7. We have included providing a 4mm thick Alucobond products for the Column
Covers, Metal Wall Panels & Metal Column Panels I lieu of the 8mm Centria
Formabond System specified. If custom color is required, it will be an additional cost
of $9,587.
8. Section 0781 I Sprayed Fireproofing is not included per our design meetings.
DIVISION #8 - DOORS AND WINDOWS
1. We have included Section 08111 Steel Doors and Frames and Section 08322 Steel
Security Doors and Frames as manufactured by S. W. Fleming as equal to the
specified products.
30f6
,;., fJ.. .:
Attachment 3
COLLIER COUNTY COURmOUSE
ANNEX BUILDING ONLY
QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS
Agenda Item NO.1 OF
July 26, 2005
Page 50 of 101
JULY 8, 2005
DIVISION #9 - FINISHES
1. Anti-fracture underlayment and control joints are included for the epoxy terrazzo
flooring. Glass or plastic aggregates are not included.
2. Water repellants are included at the exterior side only of the architectural precast
panels.
DIVISION #10 - SPECIALTIES
1. We have included providing three (3) Flagpoles as discuss in our design meeting.
2. We have included the Signage Allowance of $35,000 as per the specifications.
3. We have included providing the Metal Canopy Soffit Panels & Fascia panels as
manufactured by Armstrong. (Armstrong Metal Unier Ceiling System)
DIVISION #11 - EQUIPMENT
1. We have not included any window washing anchors, etc. for the Courthouse Annex.
2. We have not included a Parking Control System @ the existing lot since it is now
being utilized for Handicap parking.
DIVISION #12 - FURNISHINGS
1. No qualifications.
DIVISION #13 - SPECIAL CONSTRUCTION
1. We have included an Allowance of $20,000 for a floating Lake aeration fountain.
4of6
~
Attachment 3
COLLIER COUNTY COURTHOUSE
ANNEX BUILDING ONLY
QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS
Agenda Item No. 10F
July 26,2005
Page 51 of 101
JULY 8, 2005
DIVISION #14 - CONVEYING SYSTEMS
1. We have included the Passenger Elevators #1,2 and 3 at a Rated Speed of 350 fpm in
lieu of the 400 fpm specified as manufactured by ThyssenKrupp Elevator.
DIVISION #15 - MECHANICAL
1. We have included providing standard hub bands for the No Hub Cast Iron piping.
2. We have included an Allowance of$15,OOO to provide the underground Chilled
Water lines to within 5'-0" of the Courthouse Annex building from the Central
Energy Plant. (Not shown on the Civil drawings yet.
DIVISION #16 - ELECTRICAL
1. Installation only of Fire Pump A TS/Controller included in base.
2. Conduit and wire shown on Sheet E4.1.0 1 designated for future floors is n2! included
in this proposal. It is assumed that this portion will be furnished and installed under a
separate contract.
3. Fire Alarm System, CCTV, Card Access, and TelelData Systems are not included and
assumed to be furnished and installed by others.
4. A complete conduit system wi pull string for the Fire Alarm System is included.
5. CCTV, Card Access, and TelelData Systems are conduit stub-ups with back box and
pull string to just above accessible ceiling only included in base.
6. Included in the base is the feeder from 'MDP' to 'ATS' and 'MOPE' to generator
(which is!1Q1 shown on the drawings) with the assumed size of(3) 4" conduits wi (4)
600MCM and (1) 1/0 A WG ground for each feeder.
7. Included in the base is (1) 4" conduit 100' in length and (I) Handhole, for the
relocation of the Sprint conduit system reflected on Sheet C-S.
50f6
.~" ;,i., <j\,
Attachment 3
COLLIER COUNTY COURTHOUSE
ANNEX BUILDING ONLY
QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS
Agenda Item NO.1 OF
July 26, 2005
Page 52 of 101
JULY 8, 2005
8. Relocation of site utilities (with the exception of the Sprint conduit) is n.21 included.
9. A 'Single Point Connection' 2nb: is included for all owner furnished and installed
furniture.
10. Included is the 'Safe-Off' 2nlI of circuits feeding the glass structure to be
demolished. All demo by others.
11. A Lightning Protection System wI Counterpoise for the Annex building is included.
12. Generator including a 550 gallon sub-base tank is included per drawings and
specifications.
13. Remote filling or controls for the generator is n.21 included.
14. The remote control station (F.B.O.) is assumed to be within 10'.0" from the roU up
door.
1 S. (1) 2" conduit from the new FACP stopped at the elevator lobby of the build out is
included. Conduit from this location to the existing F ACP is nQ! included as the
location is not known.
16. Electrical power for the telephone rooms is included as what is shown on the
drawings 2nlI. No provisions for any 'rack mounted' type IG receptacles are
included.
DIVISION #17 - FACILITY MANAGEMENT SYSTEM
1. We have included the costs to provide the specification for an X-Ray Screening
machine to be included in your specification for Division 17 - Facility Management
System devices and the conduit changes requested by Spillis Candela.
6of6
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Agend~ Item NO.1 OF
July 26, 2005
Page 55 of 101
Attachment 5
0710812005
COLLIER COUNTY COURTHOUSE
ANNEX BUILDING
"LIST OF AL TERNA TES"
ALTERNATE #1:
Remove existing finish floor at the existing ground floor of the Courthouse Lobby areas
and provide new epoxy terrazzo floor as specified in Section 09402. No Floor plan layout
issued for this area at this time.
ADD
$ T.B.D.
ALTERNATE #2:
Demolish and remove the existing exterior Glass Block System, inclusive of structural
supports at the Fifth through Sixth floors of the existing Courthouse and replace with new
Aluminum Storefront System specified in Section 08411 and as indicated on drawings.
(Need a design for the structural reinforcement to fmal price.)
APPROX. ADD $150,000.00
ALTERNATE #3:
Add providing the alternate Two (2) wire "Decoder Control System" for the irrigation
sprinkler system in lieu of the base bid system.
ANNEX BUILDING ADD $ 3,000.00
~
1-
,"
Agenda Item No.1 OF
July 26, 2005
Page 56 of 101
07-08-05
Attaehment 7
Collier County Courthouse Annex and Parking Garage
Revisions to the Contract
1. In article 8.1.2(b), replace the "TBDs" as follows:
a. First "TBD" change to "One (1)"
b. Second "TBO" change to "$1,985.00" for Garage and "$2,402.00" for
Annex
2. In article 8.1.2( c), replace the "TBOs" as follows:
a. First "TBO" change to "$10,000.00"
b. Second "'TBD" change to "$10,000.00"
c. Third "TBO" change to "5%"
d. Fourth "TBD" change to "$10,000.00"
3. In article 8.1.3, change the ''TBD" to "5%"
.- -
!
.'
Agenda Item No. 10F
July 26, 2005
Page 57 of 101
EXHIBIT A
CONSTRUCTION TEAM ASSIGNED REPRESENTATIVES
(ANNEX BUILDING AND PARKING GARAGE)
~
Board of County Commissioners, Collier County, FL
DesilZn Professional
Construction Mana2er
TBD (Omite)
Joe Pressler (Offsite)
TBD (Offsite)
Wendy Duckworth and/or Lyn Ross (Offsite)
Brad Kogan and/or Allen Clark (Offsite)
Laurie Mattingly (otIsite)
Mark Styles and/or Eduardo Saumell (Offsite)
Pete Murphy (OtTsite)
Pete Tuffo (Onsite)
TBD (Onsite)
Shaunna Allen and/or Lisa Harvey (Onsite)
TBD (Onsite)
TBD (Onsite)
TBD (Onsite)
TBD (Onsite)
07-08-05
Owner's Representative: Peter Hayden, P.E.
Purchasing Agent Scott D. Johnson
Project Principal
Construction Administrator
Site Representative
Mechanical Engineering Inspector
Electrical Engineering Inspector
Structural Engineering Inspector
Architectural Inspector
Project Executive
Vice President, Estimating
Estimator
Estimator Assistant
M.E.P. Coordinator (Annex)
D.M.P. Clerk
Scheduler
Safety Inspector
Project Manager
Assistant Project Manager
Administrative Assistant
Superintendent (Garage)
Superintendent (Annex)
Assistant Superintendent (Annex)
Labor Foreman
3S
", ,
.-
EXHIBIT B
CONSTRUCTION MANAGER'S PERSONNEL
(ANNEX BUILDING AND PARKING GARAGE)
OFF-SITE SUPPORT STAFF
lBD
Joe Pressler
lBD
Wendy Duckworth and/or Lyn Ross
Brad Kogan and/or Allen Clark
Laurie Maningly
Mark Styles and/or Eduardo Saumell
Pete Murphy
Project Executive
Vice President, Estimating
Estimator
Estimator Assistant
M.E.P. Coordinator (Annex)
D.M.P. Clerk
Scheduler
Safety Inspector
ON-SITE SUPPORT STAFF
Pete Tuft'o
lBD
Shamma Allen and/or Lisa Harvey
lBD
TBD
TBD
TBD
Project Manager
Assistant Project Manager
Administrative Assistant
Superintendent (Garage)
Superintendent (Annex)
Assistant Superintendent (Annex)
Labor Foreman
36
Agenda Item NO.1 OF
July 26, 2005
Page 58 of 101
~,4
~l
07 -08-05
"
Agenda Item No. 10F
July 26, 2005
Page 59 of 101
EXHIBIT G
CONSTRUCTION MANAGER'S PER DIEM STAFF FOR TIME
EXTENSIONS PER 8.1.2 (1)(b)
(ANNEX BUILDING AND PARKING GARAGE)
Individual
TBD
Joe Pressler
TBD
Wendy Duckworth and/or Lyn Ross
Brad Kogan or Allen Clark
Laurie Mattingly
Mark Styles or Eduardo SaumelI
Pete Murphy
Pete Tuffo
TBD
Shaunna Allen and/or Lisa Harvey
TBD
TBD
TBD
TBD
(Offsite)
(Off site)
(Offsite)
(Offsite)
(OOsite)
(Off site)
(Off site)
(Offsite)
(Oosite)
(Onsite)
(Oosite)
(Onsite)
(Oosite)
(Oosite)
(Oosite)
~
Project Executive
Vice President, Estimating
Estimator
Estimator Assistant
M.E.P. Coordinator
D.M.P. Clerk
Scheduler
Safety Inspector
Project Manager
Assistant Project Manager
Administrative Assistant
Superintendent (Garage)
Superintendent (Annex)
Assistant Superintendent (Annex)
Labor Foreman
43
07-08-05
Percentage
of Time
Available
20%
I 00,4
5%
I 0%
1 0%
20%
5%
10%
1 000/0
1 OOlllo
I 000/0
100%
100%
300/0
1 00%
~I
Agenda Item NO.1 OF
July 26, 2005
Page 60 of 101
-'-
EXHIBITH
CONSTRUCTION MANAGER'S PERSONNEL TO BE
ASSIGNED DURING CONSTRUCTION OFF-SITE
(ANNEX BUILDING AND PARKING GARAGE)
07 -OS-Q5
Individual
~
Percentage
Duration of Time
in Months t\ vailable
Robert earsello
Joe Pressler
TBD
Wendy Duckworth and/or Lyn Ross
Brad Kogan or Allen Clark
Mark Styles or Eduardo Saumell
Laurie Mattingly
Pete Murphy
Project Executive
Vice President, Estimating
Estimator
Estimating Assistant
M.E.P. Coordinator
Scheduler
D.M.P. Clerk
Safety Inspector
16 20010
16 10%
16 5%
16 10010
16 10%
16 5%
16 20%
16 ] OOIe
44
-.: , ',' .'
Agenda Item No. 10F
July 26, 2005
Page 61 of 101
EXHIBIT I
CONSTRUCTION MANAGER'S PERSONNEL TO BE
ASSIGNED DURING CONSTRUCTION ON-SITE
(ANNEX BUILDING AND PARKING GARAGE)
07-08-05
Individual
Tjtl~
Percentage
Duration of Time
in Months Available
Pete Tuffo
TBD
Sbaunna Allen and/or Lisa Harvey
TBD
TBD
TBD
TBD
Project Manager.
Assistant Project Manager
Administrative Assistant
Superintendent (Garage)
Superintendent (Annex)
Assistant Superintendent
Labor Foreman
16 l~/o
16 100%
16 1 ()()O/o
12 1~j,)
16 )()()O/o
4 100%
16 I()()O/o
45
Agenda Item No.1 OF
July 26, 2005
Page 62 of 101
e
July 8, 2005
Mr. Peter S. Hayden, P.E. Senior Project Manager
Collier County Government
Department of Facilities Management
3301 Tamiami Trail East, Building W
Naples, FL 34112
RE: COURTHOUSE ANNEX BUILDING ONLY
NAPLES, FLORIDA
Dear Mr. Hayden:
We are pleased to provide you with this GMP Cost Estimate for the proposed "Courthouse
Annex Building". The GMP Cost Estimate was based upon the enumerated Project
Documents as prepared by Spillis Candela DMJM, Inc. and our list of Qualifications,
Clarifications and Assumptions.
tit Our GMP Cost Estimate is as follows:
GMP Cost for the Courthouse Annex is...... ... .............. ..... $20,646,800.00
We have included a 2 % Construction Managers Contingency within this GMP amount.
If you have any questions, feel free to call.
Sincerely,
KRAFT CO
2;:E~
Vice PresidentlEstimating
Attachments:
Enumeration of the Project Documents dated July 8,2005
List of Qualifications, Clarifications & Assumptions, dated July 8, 2005
) JLP:rd
.2606 Horseshoe Drive S. . Naples, Florida 34104 . (239] 643-6000 · Fax [239J 643-0090
013350 Metro Parkway. Suite 304. Fort Myers. Florida 33912 · (239] 561-5181 · Fax (239] 561-5129
040 S. Pineapple Avanue . Sarasota, Florida 34236 . (941] 330-S990 · Fax (941] 330-8994
www.kraftconstruction.com
-
Standard Estimate Report
Collier Courthouse Annex
Agenda Item No. 10F
July 26, 2005 Page 0
PalliJ 63 of 101
7/81200510:03 A'
",":", .--.-.'}:..:', ,"
Project name Collier Courthouse Annex
Collier Cnty Govt Complex
Naples
FL34112
Collier
Client Collier County Govt
Architect Spillis Candela DMJM
Engineer TKW Consulting Engrs
Document GMP Bid Set 01-14-05
e
Estimator Kraft Construction CO,lnc
Job size n330 Bcsf
.
Standard Estimate Report
Collier Courthouse Annex
Agenda Item No.1 OF
July 26, 2005Page 1
P 891/BhliOs 90:03 AM
e
Description Quanttty
1970.00 FIELD REIMBURSABLES 77,330.00 SFAC
2000.00 DEMOLITION 77,330.00 SFAC
2090.00 SITE SURVEY & LAYOUT 77,330.00 SFAC
2100.00 SITE PREP & EXCAVATION 77,330.00 SFAC
2500.00 WATER, STORM, & SEWER 77,330.00 SFAC
2700.00 PAVING & CURBS 77,330.00 SFAC
2800.00 SITE IMPRVMNT& LANDSCA 77,330.00 SFAC
3000.00 CAST IN PLACE CONCRETE 77,330.00 SFAC
3400.00 PRECAST CONCRETE 77 ,330.00 SFAC
4000.00 MASONRY 77,330.00 SFAC
5000.00 STR STEEL & DECKING 77,330.00 SFAC
5700.00 ORNAMENTAL METALS 77,330.00 SFAC
5800.00 EXPANSiON CONTROL 77 ,330.00 SFAC
6000.00 ROUGH CARPENTRY 77,330.00 SFAC
6200.00 FINISH CARPENTRY 77,330.00 SFAC
7000.00 INSULATION & MOISTURE 77,330.00 SFAC
7300.00 ROOFING 77.330.00 SFAC
8000.00 DOORS & HARDWARE 77,330.00 SFAC
8500.00 WINDOWS & GLASS 77,330.00 SFAC
9200.00 PLASTER & STUCCO 77,330.00 SFAC
9250.00 DRYWALL 77,330.00 SFAC
9300.00 TILE, STONE, COUNTERTOF 77,330.00 SFAC
9500.00 ACOUSTICAL 77,330.00 SFAC
9550.00 FINISH FLOORING 77,330.00 SFAC
9900.00 PAINT & WALL COVER 77,330.00 SFAC
~ 10000.00 SPECIALITIES 77,330.00 SFAC
11000.00 EQUIPMENT 77,330.00 SFAC
12000.00 FURNISHINGS 77,330.00 SFAC
13000.00 SPECIAL CONSTRUCTION 77,330.00 SFAC
14000.00 CONVEYING SYSTEMS 77,330.00 SFAC
15000.00 PLUMBING 77,330.00 SFAC
15300.00 FIRE PROTECTION 77,330.00 SFAC
15500.00 HVAC 77,330.00 SFAC
16000.00 ELECTRICAL 77,330.00 SFAC
17000.00 SYSTEMS & COMMUNICATI< 77,330.00 SFAC
~~i;,,;:~:-{-'~. t'~'i~/;~i t ~ ~ I r~ M~~~.~\~i~~;
Unit Cost Amount
6.39/SFAC 493,984
2.03 /SFAC 156,675
0.13/SFAC 9,935
9.271/SFAC 716,948
2.804/SFAC 216,863
1.28/SFAC 98,992
2.88/SFAC 222,450
40.23 /SFAC 3,110,931
21.903ISFAC 1,693,776
1
3.5831SFAC 277,091
3.33/SFAC 257,093
O.lB/SFAC 13,730
2.39/SFAC 184,471
1
1.3131SFAC 101,541
9.07/SFAC 701,372
5.04/SFAC 389,768
15.142/SFAC 1,170,911
1
11 .42/SFAC 883,051
0.67/SFAC 51,446
3.78/SFAC 292,320
8.39/SFAC 648,638
2.40/SFAC 185,233
4.491/SFAC 347,286
0.1541SFAC 11,903
1.881/SFAC 145,485
0.26 /SFAC 20,000
6.79/SFAC 524,797
3.43 /SFAC 265,170
3.56/SFAC 275,268
11.3921SFAC 880,969
17.721/SFAC 1,370,400
31.19/SFAC 2,411,586
--
-----_._..._.~
Standard Estimate Report Agenda Item No. 1 OF
July 26, 200Spage2
Collier Courthouse Annex Pa~1U2dC1s19o:o3 A'
e Estimate Totals
Labor 100,922 15.015 hrs
Material 8,725
Subcontract 17,850,874
Other 169.565
18,130,086 18,130,086
State Sales Tax 524 6.000 %
Labor Burden 5B.030 57.500 %
5B,554 1B,1BB,640
Bulders Risk Insur. By Owner
General Liability Insurance 169.304 0.820 %
169,304 1B,357,944
Impact Fees By Owner
Building Permit By Owner
Primary Utility Svcs Fees By 0
1B,357,944
Canst Mgr Contingency (2%) 367.159 2.000 %
367,159 1B,725,103
e Bond: Payment & Performance 105.705
105,705 1B,B30,BOB
Canst Phase Fee (Gen Cond) 832,811
Canst Phase OH & ProfIt Fee 983.181 5.000 %
1,815,992 20,646,800
Total 20,646,800 266.996 lacsf
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Agenda Item No. 10F
July 26, 2005
07/08/~ 88 of 101
COLLIER COUNTY COURTHOUSE
ANNEX BUILDING
"LIST OF ALTERNATES"
ALTERNATE #1:
Remove existing finish floor at the existing ground floor of the Courthouse Lobby areas
and provide new epoxy terrazzo floor as specified in Section 09402. No Floor plan layout
issued for this area at this time.
ADD
$ T.B.D.
ALTERNATE #2:
Demolish and remove the existing exterior Glass Block System, inclusive of structural
supports at the Fifth through Sixth floors of the existing Courthouse and replace with new
Aluminum Storefront System specified in Section 08411 and as indicated on drawings.
(Need a design for the structural reinforcement to [mal price.)
APPROX. ADD $150,000.00
ALTERNATE #3:
Add providing the alternate Two (2) wire "Decoder Control System" for the irrigation
sprinkler system in lieu of the base bid system.
ANNEX BUILDING ADD $ 3,000.00
~
--
Agenda Item No. 10F
July 26, 2005
Page 89 of 101
COLLIER COUNTY COURTHOUSE
ANNEX BUILDING ONLY
QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS
JUL Y 8, 2005
-
The qualifications, clarifications and assumptions set forth in this exhibit form an integral
part of the Contract to which it is attached and to the extent necessary modify all other
exhibits, terms and conditions of the Contract that may be contradictory or that may set
forth different requirements to be complied with by Contractor. Where materials,
quantities, products and component parts are specified in this exhibit, they shall control
over any contrary provisions contained in other exhibits. Where statements are made that
information, items or services will be provided or furnished by Owner, they constitute
exclusions or alterations from the work that is otherwise set forth in the other terms and
conditions of the Contract and its exhibits. Where they state that items are not included it
means that the Work will be completed without the inclusion of such item and that if
required by Owner it will be the basis for a change order or construction change directive.
Where site conditions are specified, assumed, or assumptions as to the basis for pricing
are set forth, they control over any more comprehensively stated requirements in the
body of the Contract terms and conditions and constitute a limitation on the extent of the
Wark to be performed for the guaranteed maximum or fixed price as the case may be.
\..
DIVISION #1 - GENERAL CONDITIONS
1. Permit and impact fees are the responsibility of the Owner.
2. Primary utility service costs are the responsibility of the Owner.
3. Owner/Architect office trailers on the site are not included.
4. We have included an Allowance of $50,000 for Independent Testing Lab services.
5. Builder's Risk Insurance is the responsibility of the Owner. The Owner to be
responsible for any deductibles.
6. The Special Inspector (i.e. Threshold Building Inspector) is by the Owner as per the
specifications.
DIVISION #2 - SITEWORK
e
1. The cost to haul away any excess excavated material to another county site within ten
miles is included.
10f6
-
.-
-4
Agenda Item No.1 OF
July 26, 2005
Page 90 of 101
COLLIER COUNTY COURTHOUSE
ANNEX BUILDING ONLY
QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS
JULY 8, 2005
2. We have not included any Ash Urns within this budget at this time.
3. We have not included any Bike Racks within this budget at this time.
4. We have included an Allowance of $3,500 to relocate water mains if required at the
Annex building as shown on the civil drawings.
5. We have included the Allowance of $12,000 to relocate fire mains if required at the
Annex building as per the specifications.
6. The existing Black Olive Grove by the Annex Building is too close to the proposed
Annex addition. Additional pfWling will be required to construct the building.
DIVISIONS #3 AND #4 - CONCRETE AND MASONRY
1. No qualifications
DIVISION #5 - METALS
1. No qualifications
DIVISION #6 - CARPENTRY
1. No qualifications
DIVISION #7 - THERMAL AND MOISTURE PROTECTION
1. We clarify specification section 07620 is included only to the degree possible with
regard to the sheet metal being included in the project Warranty. We clarify that
contrary to the fact that all sheet metal items are specified to be included, the
manufacturer only offers Coping, metal edging/gravel stops, and expansion joints. It
is further clarified that there are no metal edging/gravel stops in the project and the
type of expansion joints specified and required are not available from the
manufacturer; therefore, the only sheet metal available to be included is the Coping.
No other sheet metal components will be included.
20f6
e
Agenda Item No. 10F
July 26, 2005
Page 91 of 101
COLLIER COUNTY COURTHOUSE
ANNEX BUILDING ONLY
QUALIFICA TIONS, CLARIF1CA TIONS & ASSUMPTIONS
JUL Y 8, 2005
2. We clarify the Coping included in specification section 07620 is included for only the
duration of the roofing system, not longer, and shall be for 15-years, not the 20-years
specified in this section. A finish warranty for 20-years will be included.
3. We clarify specification section 07716 is included; however, reference to it's
inclusion in the project Warranty, is excluded as well as being from the roofing
manufacturer as stated above, due to the fact the type of expansion joints specified
and required are not available from the manufacturer. It is included in the bellows
type specified from a manufacturer engaged in fabricating these products.
4. We clarify Bid Package 7B, line item #19, to included Coping "cap flashing" at all
parapets indicated with the exception of the portion detailed on Detail #16/A5.2.01
where it states these are "by Wall Panel manufacturer"; it is also clarified these will
not be included in the warranty covering the other coping caps.
e
5. All non-roofing manufacturer supplied sheet metal is stainless steel metal as specified
and are shop fabricated by CRSMFI and non-applicable to the 140-MPH criteria in
07620. These are not available to be included in the metal warranty addenda and are
excluded from such accordingly.
(
6. Provide manufacturer's Materials and Labor warranty against defects for a period of
15 years including the roofmg membrane and the coping *not 20-years indicated in
07620); those metal fabrications not available from the manufacturer are excluded
from the warranty, regardless and contrary to the project specifications.
7. We have included providing a 4mm thick Alucobond products for the Column
Covers, Metal Wall Panels & Metal Column Panels I lieu of the 8mrn Centria
Formabond System specified. If custom color is required, it will be an additional cost
of $9,587.
8. Section 07811 Sprayed Fireproofing is not included per our design meetings.
DIVISION #8 - DOORS AND WINDOWS
1. We have included Section 08111 Steel Doors and Frames and Section 08322 Steel
Security Doors and Frames as manufactured by S. W. Fleming as equal to the
_ specified products.
30f6
-
~
..
Agenda Item No.1 OF
July 26, 2005
Page 92 of 101
COLLIER COUNTY COURTHOUSE
ANNEX BUILDING ONLY
QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS
JULY 8, 2005 .
DIVISION #9 - FINISHES
1. Anti-fracture underlayment and control joints are included for the epoxy terrazzo
flooring. Glass or plastic aggregates are not included.
2. Water repellants are included at the exterior side only of the architectural precast
panels.
DIVISION #10 - SPECIALTIES
1. We have included providing three (3) Flagpoles as discuss in our design meeting.
2. We have included the Signage Allowance of $35,000 as per the specifications.
3. We have included providing the Metal Canopy Soffit Panels & Fascia panels as
manufactured by Armstrong. (Armstrong Metal Linier Ceiling System)
DIVISION #11 - EQUIPMENT
1. We have not included any window washing anchors, etc. for the Courthouse Annex.
2. We have not included a Parking Control System @ the existing lot since it is now
being utilized for Handicap parking.
DIVISION #12 - FURNISHINGS
1. No qualifications.
DIVISION #13 - SPECIAL CONSTRUCTION
1. We have included an Allowance of $20,000 for a floating Lake aeration fountain.
40f6
--
Agenda Item No. 10F
July 26, 2005
Page 93 of 101
COLLIER COUNTY COURTHOUSE
ANNEX BUILDING ONLY
QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS
JUL Y 8, 2005
DIVISION #14 - CONVEYING SYSTEMS
1. We have included the Passenger Elevators #1, 2 and 3 at a Rated Speed of 350 fpm in
lieu of the 400 fpm specified as manufactured by ThyssenKrupp Elevator.
DIVISION #15 - MECHANICAL
1. We have included providing standard hub bands for the No Hub Cast Iron piping.
2. We have included an Allowance of $15,000 to provide the underground Chilled
Water lines to within 5' -0" of the Courthouse Annex building from the Central
Energy Plant. (Not shown on the Civil drawings yet.
e
\.
DIVISION #16 - ELECTRICAL
1. Installation onl y of Fire Pump A TSIController included in base.
2. Conduit and wire shown on Sheet E4.1.01 designated for future floors is not included
in this proposal. It is assumed that this portion will be furnished and installed under a
separate contract.
3. Fire Alarm System, CCTV, Card Access, and TelelData Systems are not included and
assumed to be furnished and installed by others.
4. A complete conduit system wi pull string for the Fire Alarm System is included.
5. CCTV, Card Access, and TeleIData Systems are conduit stub-ups with back box and
pull string to just above accessible ceiling only included in base.
6. Included in the base is the feeder from 'MDP' to 'ATS' and 'MDPE' to generator
(which is not shown on the drawings) with the assumed size of (3) 4" conduits wi (4)
600MCM and (1) 1/0 A WG ground for each feeder.
7. Included in the base is (1) 4" conduit 100' in length and (1) Handhole, for the
_ relocation of the 5print conduit system reflected on Sheet C-5.
5of6
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Agenda Item No.1 OF
July 26, 2005
Page 94 of 101
COLLIER COUNTY COURTHOUSE
ANNEX BUILDING ONLY
QUALIFICATIONS, CLARIFICATIONS & ASSUMPTIONS
JULY 8, 2005
8. Relocation of site utilities (with the exception of the Sprint conduit) is not included.
9. A 'Single Point Connection' only is included for all owner furnished and installed
furniture.
10. Included is the 'Safe-Off' only of circuits feeding the glass structure to be
demolished. AU demo by others.
11. A Lightning Protection System wi Counterpoise for the Annex building is included.
12. Generator including a 550 gallon sub-base tank is included per drawings and
specifications.
13. Remote filling or controls for the generator is not included.
14. The remote control station (F.B.a.) is assumed to be within 10' -0" from the roll up
door.
15. (1) 2" conduit from the new FACP stopped at the elevator lobby of the build out is
included. Conduit from this location to the existing FACP is not included as the
location is not known.
16. Electrical power for the telephone rooms is included as what is shown on the
drawings only. No provisions for any 'rack mounted' type IG receptacles are
included.
DIVISION #17 - FACILITY MANAGEMENT SYSTEM
1. We have included the costs to provide the specification for an X-Ray Screening
machine to be included in your specification for Division 17 - Facility Management
System devices and the conduit changes requested by Spillis Candela.
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Page Draft Issue Revision
Number DescriPtion Date Date
Phlns as designed by Spillis Candehl DMJM
AO.l.Ol Index of Drawings/Symbols and Abbreviations 1/14/05'
C-l Cover 5heet, Legal & Location Map 1114/05
C-2 Existing Conditions and Aerial Photo 1/14/05
C-3 Demolition Plan 1/14/05
C-4 Site Plan 1/14/05
C-5 Paving, Grading and Drainage Plan 1/14/05
C-6 Utility Plan 1/14/05
C-7 Paving and Drainage Details 1/14/05
C-8 Paving and Drainage Details 1/14/05
C-8 (duplicate) Paving and Drainage Details 1/14/05
C-9 Collier County Utility Details 1/14/05
C-lO Collier County Utility Details 1/14/05
C-l1 SWP3 Plan 1/14/05
C-12 Erosion Control Details 1/14/05
LA-201 Existing Conditions and Vegetation Plan 1/14/05
LA-203 Planting Plan 1/14/05
LA-205 Planting Details 1/14/05
LA-206 Irri,gation Plan 1/14/05
S 1.0.00 Abbreviations, Symbols and General Notes 1/14/05
S2.2.01 Foundation and First Level Framing Plan 1114/05
S2.2.02 Second Level Framing Plan 1/14/05
52.2.03 Third Level Framing Plan 1/14/05
S2.2.04 Fourth Level Framing Plan III 4/05
52.2.05 Fifth Level Framing Plan 1/14/05
S3.0.00 Pile Cap and Foundation Details 1/14/05
S3.0.01 Pile Cap and Reinforcing Details 1/14/05
S3.0.02 Footing Schedule and Foundation Details 1/14/05
53.0.03 Foundation Details 1/14/05
S4.0.00 Column Schedule 1/14/05
S4.1.00 Beam Schedule 1/14/05
54.1.01 Beam Schedule 1/14/05
S4.1.02 Beam Schedule and Details 1/14/05
S4.2.00 Shear Wall Plan and Elevations 1/14/05
54.2.01 Partial Structural Elevation and Canopy Plan 1/14/05
55.0.00 Masonry Schedule and Details 1/14/05
56.0.00 Sections and Details 1/14/05
S6.0.01 Sections and Details 1/14/05
S6.0.02 Sections and Details 11 14/05
S6.0.03 Sections and Details 1/14105
, '. ';";)':'c; JuJy 8, 2005
.''*::" Enumeration of Project Docnmenls
\, f;~~:!i\;:>> COlli:: <';:~~:~e;.~~~~~~~es~nnex
Agenda Item NO.1 OF
July 26, 2005
Page 95 of 101
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Enumeration of Project Documents
'" Collier County Courthouse Annex
Site Development Plans - GMP SET
Agenda Item No.1 OF
July 26, 2005
Page 96 of 101
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Page Draft Issue Revision
Number Description Date Date
AI. 1.01 Architectural Site Plan 1/14/05
A1.1.11 Site Details 1/14/05
A1.2.00 Life Safety Site Plan and Calculations 1/14/05
AI. 1.01 First Level Life Safety Plan 1/14105
A1.2.02 Second Level Life Safety Plan 1/14/05
Al.2.03 Third Level Life Safety Plan 1/14/05
A1.2.04 Fourth Level Life Safety Plan 1/14/05
A1.3.01 Geometry Plan - First Level 1/14/05
A 1.3.02 Geometry Plan - Second Level 1/14/05
Al.3.03 Geometry Plan - Third Level 1/14/05
A1.3.04 Geometry Plan - Fourth Level 1/14/05
A1.3.05 Geometry Plan - Fifth Level/Sixth Level 1/14/05
A2.1.01 Demolition Plan - First Level & Second Level 1/14/05
A2.1.02 Demolition Plan - Third Level & Fourth Level 1/14/05
A2.1.03 Demolition Plan - Fifth Level 1/14/05
A2.1.11 Demolition Section 1/14/05
A2.2.01 Floor Plan - First Level 1/14/05
A2.2.02 Floor Plan - Second Level 1/14/05
A2.2.03 Floor Plan - Third Level 1/14/05
A2.2.04 Floor Plan - Fourth Level 1/14/05
A2.2.05 Elevator Machine Room Roof Plans - Fifth and Sixth Levels 1/14/05
A2.2.11 Precast Panels Floor Plan - First Level 1/14/05
A2.2.12 Precast Panels Floor Plan - TYP Levels (2nd-4th) and Fifth Level 1/14/05
A2.3.01 Reflected Ceiling Plan - First Level 1/14/05
A2.3.02 Reflected Ceiling Plan - Second Level 1/14/05
A2.3.03 Reflected Ceiling Plan - Third Level 1/14/05
A2.3.04 Reflected Ceiling Plan - Fourth and Fifth Levels 1/14/05
A2.4.01 Interior Finish Plan - First Level 1/14/05
A2.4.02 Interior Finish Plan - Second Level 1/14/05
A2.4.03 Interior Finish Plan - Third Level 1/14/05
A2.4.04 Interior Finish Plan - Fourth Level 1/14/05
A2.4.11 Enlarged Floor Patterns 1/14/05
A2.4.12 Enlarged Floor Pattern - Existing Courthouse 1/14/05
A2.5.01 Furniture Floor Plan - First Level 1/14/05
A5.5.02 Furniture Floor Plan - Second Level 1/14/05
A2.5.03 Furniture Floor Plan - Third Level 1/14/05
A3.1.01 Restrooms Enlarged Plan & Plumbing Fixtures Elevations 1/14/05
A3.1.02 Restrooms Elevations 1/14/05
A3.2.01 Stair #1 Enlarged Floor Plan, Section and Details 1/14/05
A3.2.02 Stair #2 Enlarged Floor Plan. Section and Details 1/14/05
At
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Page Draft Issue Revision
Number Description Date Date
A3.2.03 Lobby Stair Enlarged Floor Plans and Details 1/14/05
A3.3.01 Enlarged Elevator Plans 1/14/05
A3.3.02 Elevator Section 1/14/05
A3.4.01 Enlarged Plans 1114/05
A4.1.01 Building Elevations 1/14/05
A4.1.02 Building Elevations 1/14/05
A4.2.01 Building Sections 1/14/05
A4.2.02 Building Sections 1/14/05
A4.3.01 Partial Building Elevations 1/14/05
A4.4.01 Wall Sections 1/14/05
A4.4.02 Wall Sections 1/14/05
A4.4.03 Wall Sections 1/14/05
A4.4.04 Wall Sections 1/14/05
A4.4.05 Wall Sections 1/14/05
A4.4.06 Wall Sections 1/14/05
A4.4.07 Wall Sections 1/14/05
A4.4.09 Wall Sections 1/14/05
A4.4.lD Wall Sections 1/14/05
A4.4.11 Wall Sections 1/14/05
A4.4.12 Wall Sections 1/14/05
A5.1.01 Exterior Details 1/14/05
A5.1.02 Exterior Details 1/14/05
A5.1.1 I Miscellaneous Details 1/14/05
A5.2.01 Roof Details 1/14/05
A5.2.02 Roof Details 1/14/05
A5.2.ll Canopy Details 1/14/05
A5.3.01 Interior Details 1/14/05
A5.3.ll Ceiling Details 1/14/05
A5.4.01 Millwork Enlarged Plans 1/14/05
A5.4.1 ] Millwork Elevations 1/14/05
A5.4.21 Millwork Sections 1/]4/05
A6.1.01 Partition Types 1/14/05
A6.2.01 Door Schedules & Door Types 1/14/05
A6.2.11 Door Details 1/14/05
A6.2.12 Door Details 1/14/05
A6.3.01 Exterior Opening Schedule 1/14/05
A6.3.02 Exterior Opening Schedule 1/14/05
A6.3.03 Interior Opening Schedule and Louver Schedule 1/14/05
A6.4.01 Exterior Openings Details 1/14/05
A6.4.02 Exterior Openings Details 1/14/05
July 8, 2005
.' . Enumeration or Projed Docnments
~~\ .tt::';'fxt:;'~ ,,~Collier County Courthouse Annex
Site Development Plans - GMP SET
Agenda Item No. 10F
July 26, 2005
Page 97 of 101
e
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July 8, 2005
Enumeration of Project Documents
Collier County Courthouse Annex
Site Development Plans - GMP SET
Agenda Item No.1 OF
July 26, 2005
Page 98 of 101
~
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Page Draft Issue Revision
Number Description Date Date
A6.4.03 Exterior Openings Details 1/14/05
A6.4,11 Exterior Openings Plan Details 1/14/05
FO.2.OJ Fire Protection Notes, Symbols & Abbreviations 1/14/05
F2.2.01 Fire Protection Plan. First Level 1/14/05
F2.2.02 Fire Protection Plan - Second Level 1/14/05
F2.2.03 Fire Protection Plan - Third Level 1/14/05
F2.2.04 Fire Protection Plan - Fourth Level 1/14/05
F2.2,05 Fire Protection Roof Plans 1/14/05
F5.1.01 Fire Protection Details & Schedules 1/14/05
F5.1.02 Fire Protection Plan Pump Room 1/14/05
PO.2.OJ Plumbing Notes, Symbols & Abbreviations 1/14/05
P2.2,OI Plumbing Plan - First Level 1/14/05
P2.2.02 Plumbing Plan. Second Level 1/14/05
P2.2,03 Plumbing Plan - Third Level 1/14/05
P2.2.04 Plumbing Floor PlanIRoof Plan. Fourth Level 1114/05
P2.2.05 Roof Plan - Fifth Level 1/14/05
P3.2.01 Plumbing Enlarged Restrooms Plan - Fuel Oil Details 1/14/05
P4.2.01 Plumbing Isometrics 1/14/05
P5.0.OJ Plumbing Details 1/14/05
MO.O.OI HV AC Legend, Notes and Abbreviations 1/14/05
M2.1.01 HV AC Demolition Plan First Level & 5econd Level 1/14/05
M2.1.02 HV AC Demolition Plan Third Level & Fourth Level 1/14/05
M2.2.01 HV AC First Level Floor Plan 1/14/05
M2.2.02 HV AC Second Level Floor Plan 1/14/05
M2.2.03 HV AC Third Level Floor Plan 1/14/05
M2.2.04 HV AC Fourth Level Floor Plan 1/14/05
M2.2.05 HV AC Roof Level Floor Plan 1/14/05
1'43.2.01 HV AC Sections 1/14/05
M4.1.01 HV AC Chilled Water Riser Diagram 1/14/05
M4.1.02 HV AC Airflow Riser Diagram 1/14/05
M5.1.01 HV AC Details 1/14/05
M5.1.02 HV AC Details 1/14/05
M6.1.01 HV AC Schedules 1/14/05
M6.1.10 Sequence of Operations 1/14/05
EO. 1.01 Symbols, Abbreviations and Lighting Fixture Schedule 1/14/05
EO. 1.02 Electrical Notes 1/14/05
E1.l.00 Electrical Site Plan 1/14/05
E2.2.01 Lighting Plan First Level 1/14/05
E2.2.02 Lighting Plan Second Level 1/14/05
E2.2.03 Lighting Plan Third Level 1/14/05
At
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July 8, 2005
Enumeration of Project Documents
Collier County Courthouse Annex
Site Development Plans - GMP SET
Agenda Item No. 10F
July 26, 2005
Page 99 of 101
UIU
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Number Description Date Date
E2.3.01 Power Plan First Level 1/14/05
E2.3.02 Power Plan Second Level 1/14/05
E2.3.03 Power Plan Third Level 1/14/05
E2.3.04 Illumination & Power Plan Fourth Level (Shell Space) 1/14/05
E2.3.05 Electrical Plan Roof 1/14/05
E2.4.0l Telephone & Data Plan First Level 1/14/05
E2.4.02 Telephone & Data Plan Second Level 1/14/05
E2.4.03 Telephone & Data Plan Third Level 1/14/05
E2.4.04 Telephone & Data Plan Fourth Level 1/14/05
E2.5.01 Fire Alarm and Security Plan First Level 1/14/05
E2.5.02 Fire Alarm and Security Plan Second Level 1/14/05
E2.5.03 Fire Alarm and Security Plan Third Level 1/14/05
E2.5.04 Fire Alarm and Security Plan Fourth Level 1/14/05
E4.1.01 Power Riser Diagram 1/14/05
E4.1.02 Fire Alarm and Telephones Riser Diagram 1/14/05
E5.1.01 Panel Schedules 1/14/05
E5.1.02 Panel Schedules 1/14105
E5.2.01 Electrical Details 1/14/05
E5.2.02 Electrical Details 1/14/05
E5.2.03 Electrical Details 1/14/05
E5.2.04 Electrical Details 1/14/05
Specifications
CD-ROM Volume I of IT - Collier County Courthouse Annex 1/14/05
CD-ROM Volume II of II - Collier County Courthouse Annex 1/14/05
*** Project Manual - Division O. Collier County Courthouse Annex 1/14/05
50f5
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Agenda Item No. 10F
July 26, 2005
Page 101 of 101
SPilliSCandela.
Peter J. Spillis, AlA
Hilario F. Candela, FAIA
Julio Grabiel, AlA
GUillermo Carreras. AiA
Dorald Owore, rAIA
Dean K. Newberr,!. IIDA
Jesus Cruz, AlA
Deborah S. Klem
Michael Kerwin, AlA
Paul Reinarman
W. Ronald Hunl. PE
Jorge Iglesias, AlA
Enrique J. Macia, AlA
Sand,! O'Neil
Los Angeles
San Francisco
Orange
Phoenix
Albuquerque
Houston
Miami
Orlando
Chicago
Columbus
New York
Washington. DC
Denver
Colorado Spdngs
Salt Lake City
Fort Worth
Dallas
Detroit
San Diego
Los Alamos
Richland, WA
Kuwait City
800 Douglas Entrance
North Tower, Second Floor
Coral Gables, FL 33134
, 305.444.4691
f 305.447.3580
www.scpmiami.com
July 15, 2005
Mr. Skip Camp
Director Department of Facilities Management
Collier County Government
3301 East Tamiami Trail
Naples, Florida 34112
RE.: Collier County Courthouse Annex GMP
Dear Skip,
We are in receipt of the GMP Cost Estimate from Kraft Construction Company, Inc. and have reviewed the
Construction Manager's Guaranteed Maximum Price. The Budget Estimate for this project was based on
100% Construction Documents and was issued and reviewed in detail eight months ago, and the variance
between the estimates is roughly 7.25%.
In comparing the costs in several divisions some have reduced and some have increased. As noted in
several of our discussions with you, the unprecedented increase in material costs coupled with the higher
labor rates on the west Florida coast have contributed to these increases. Primarily, Division 3 costs in cast
in place concrete and masonry, Division 5 manufactured steel products and equipment items such as the
traction elevators reflect significant increases over the Budget Estimate. Further, some of the security
equipment was not included in the Budget Estimate, as well as the allowance for the Garage fountain.
The overall cost per square foot for this building type is on the high end, however it must always be noted
that the four story Annex has been designed to accommodate the full seven story build out. The structural
foundations, HVAC equipment and elevators have all be designed and sized to easily add the remaining
top floors.
In summary, we have worked with your Construction Manager to look for opportunities to save costs
without compromising the quality or the Collier County Vertical Standards and we are confident that the
Annex will be consistent with the level of quality that Collier County expects from its governmental facilities.
If additional information is needed, please do not hesitate to calL
Sincerely,
~g1k--
Donald J. Dwore, FAIA
Principal
J illfil:,l l "';.'>1' i\I' d'J017IJfl
\....' .: (} .~_' l ,) \1 \" \
EXECUTIVESU~Y
"Agenda Item No. 10G
July 26, 2005
Page 1 of 6
,-
Recommendation to Approve Selection of Qualified Firm and Award a Contract Under
ITN 05-3583 "CEI Services for Collier County Road Projects" for Project No. 60005
"Goodlette Frank Road, from Golden Gate Parkway to Pompei Lane in the amount of
$1,195,286.
OBJECTIVE: To engage professional Construction Engineering and Inspection (CEl) Services
from highly qualified firms for upcoming Collier County Road Projects in a cost effective
manner.
CONSIDERATIONS: On October 29, 2003, the County published an Invitation to Qualify
(ITQ) to provide CEI services for upcoming County road projects in accordance with Florida
Statute 287.055, Consultant Competitive Negotiation Act. Invitations to Qualify (ITQ) were sent
out to 166 engineering firms, 25 vendors requested full proposal packages and 12 responded to
the proposal. A selection committee reviewed the 12 proposals that were received by the due
date of November 21, 2003, and by consensus, short-listed 9 firms as qualified to receive
subsequent ITN (Invitation to Negotiate).
An !TN was issued on May 10, 2005 with a deadline for response of June 3, 2005 for Project
60005 Goodlette Frank Road Project. A Selection Committee meeting was held on June 15,
2005, and by consensus, the firms who responded with proposals were ranked as follows:
,~ Project 60005
1. PBS&J, Inc.
2. KCCS, Inc.
3. Consul-Tech
4. Johnson Engineering, Inc.
Staff has successfully completed negotiations with PBS&J, Inc. in the amount of$I,195,286 for
these services.
FISCAL IMPACT: Funds in the amount of $1,195,286 are available in the Transportation
Supported Gas Tax Fund and Road Impact Fee Funds. Source of funds are Gas Tax and Impact
Fees.
GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth
Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the selection of
PBS&J, Inc. for award of this project contract and authorize the Chairman to sign the standard,
County Attorney approved contract.
Prepared By: Lynn R. Thorpe, P.E.
Attachments: 1) Staffing; 2) Cost Sheet; 3) Hour Sheet; 4) Hourly Rate
,.--
Agenda Item No.1 OG
JUly 26. 7.005
Page 2 01 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
10G
r:C:~crH"ltrlf!nrJa1io!'l jo Approl,Or: Select.on at QualifIed FIrm and Award a Contract Under [TN
05-:3583 .eEI Services for Coill.ar County Road Project" for prClJect No 60005 "Goodlettf:!
Frank Road, from Gciden Gate Par~wa~ to Pompei La11e ~n the amount of $1, 1952813
(t\lorfl'l&n FMer. Admi,.,istrator. Trar;sportatlo11 Service!;)
Meeting Date
7126/2005 9 OO'JO AM
Prepared By
Date
Lynn R. Thorp!!'. P,E
Princlprn Project ManaQ"r
Ttall!>porlatlon Engineering and
Construction
&J24/20051:35:J:i PM
Transportation SefVice!.
Approved By
U$ilTu}1or
M.an1lgeme"tlB~ld13et Analyst
Date
ltitn!>portation $Ilrvictls
Transportation Administration
6129120053:40 PM
Apprond B)o'
N(\rm E. Fednr, AICP
Tmnsportntlon Dlvls.lon Admlrtl5ttator
Dale
T'tansporl<ltlOfI Services
Tr<lo"pottation Sefvlces; Admin.
1/1120051:57 PM
Approvd By
Shatan N~W"'l<l!l
Accounting supervisor
Dale
Trillli;portallon ServIces
Trallsporlalinn Adminbtratlon
7/11200fi 2:\)6 PM
Approved By
Rhun"a Rembtlrt
Conlract Speclall~1
Ol:lte
Admlr,i~tti!ti...~ SelVic(!$
Purr.hlllSln9
711,1'20053:5.1 PM
Approvt:d By
St~'\Il:Cilnlell
Purcha5In9(Gell~rl:ll S'\lt:~ Director
Oillite
ArlminlstratIV.""l Sr.rvIG(ls
Purchasing
71C1200~ 3:10 PM
Approl'ed By
Pat Lehl~tl3.rd
Executlvl! Secretary
Date
Trilnsportation SCf'~jce:i
Transport.ltion Serviccs Admin
7i11200510:11l AM
Approved By
OMB Coordinator
Administrative Ass.Is.I.UlI
Dale
County Manager's OfficI'!
Office 01 t.hnagement 8. Budget
1111/20U5 !:31 AM
Approl'ed By
Sus.an lJshf't
Senior M,llu.gp.mMI.lf)udget Analyst
Dam
Cuunty Managel's Ol'l'lce
Office or Management & Budget
711212005 -11.'35 AM
Approved By
Jal1les V. Mudd
Board o! County
Commls!Otoner:s.
COIJnty M.mager
Date
Counly Mllnager'$. Office
711"/200!i 2:29 PM
Project Schedule
Task 1. Mana2ement En2ineerin2 & Insoection Services:
· Construction coordination
· Complete record keeping of all activities and events
· Document all significant changes to the project
· Contract, plan, and specification interpretation
· Dispute resolution solutions (contractor and the public)
· Maintain required level of surveillance of contractors activities
· Prepare and document monthly and final pay quantities
· Maintenance of traffic inspection services
· Erosion, sedimentation and pollution control inspection services
· Drainage, Roadway and Bridge inspection services
· Signalization and Lighting inspection services
· Signing and pavement marking plan conformance inspection services
· Utility inspection personnel provided per C.C.P.U.E requirements
Task 2. Testin2 Services:.
· Field sampling and material testing
· Maintain required level of density reports on all applicable materials
· Provide Quality control services on all construction activities
Task 3. Survey Services:
. Bench mark verification
· Cross-section verification
· Spot check contractor lay-out as needed
· Reference and reset certified comer records
Task 4. Expenses
· Y2 Electric
· Y2 Cleaning
· Y2 Phone
· Y2 Copier
· Y2 Rent
Agenda Item No. 108
July 26, 2005
Page 3 of 6
540 Davs
As Needed
As Needed
540 Davs
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Schedule of fees for Basic Services
Agenda Item NO.1 OG
July 26, 2005
Page 5 of 6
Task 1. Manaeement Enmeerinl! & Insuection Services:
$1.102.286
· Construction coordination
· Complete record keeping of all activities and events
· Document all significant changes to the project
· Contract, plan, and specification inteIpretation
· Dispute resolution solutions (contractor and the public)
· Maintain required level of surveillance of contractors activities
· Prepare and document monthly pay requests
· Maintenance of traffic inspection services
· Erosion, sedimentation and pollution control inspection services
· Drainage, Roadway and Bridge inspection services
· Signalization and Lighting inspection services
· Signing and pavement marking plan conformance inspection services
· Utility inspection personnel provided per C.C.P.U.E requirements
Task 2. Testine Services:
530.000
· Field sampling and material testing
· Maintain required level of density reports on all applicable materials
· Provide Quality control services on all construction activities
Task 3. Survey Services:
$45.000
· Bench mark verification
· Cross-section verification
.. Spot check contractor lay-out as needed
· Reference and reset certified comer records
Task 4. Fixed Expenses
$18.000
. Y2 Electric
. 'l2 Cleaning
. 'l2 Phone
. 'l2 Copier
. 'l2 Rent
Total for Tasks I through 4
$1,195,286 ·
· Due to the nature of a large construction project, while the total dol/ar amount might
remain the same, there may be some fluctuation in the task categories calculations.
Consultant's EmDloyee Hourly Rate Schedule
Title
.Hourly Rate
Senior Project Engineer
. Project Administrator
Assistant Project Administrator
Senior Inspector
. Inspector
$120.00/hr
$102.00/hr
$ 84.00/hr
$75.00/hr
$60.00/hr
Agenda Item No. 10G
July 26, 2005
Page 6 of 6
Agenda Item No. 10H
July 26, 2005
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to award Bid #05-3849 to D. N. Higgins, Inc. and approve the necessary
budget amendment for the 12th Avenue Interconnect Booster Pumping Station in the amount of
$1,083,000, Project Number 71006.
OBJECTIVE: To obtain Board approval to award a bid to construct a permanent booster pumping
station to convey additional raw water to the North County Regional Water Treatment Plant
(NCRWTP) for treatment and ultimate distribution of potable water to serve our water customers.
CONSIDERATIONS:
Public Purpose: To increase the reliability of our water production facilities to ensure adequate
capacity to meet the water demands of our customers.
Scope: The scope of this project includes construction of one permanent booster pumping station and
associated electrical, instrumentation and controls to convey a blend of fresh raw water and saline raw
water through an interconnect pipeline (constructed under a separate contract) to the NCRWTP for
water treatment and ultimate distribution of potable water to serve Collier County's water customers.
Legal. Purchasing. and/or Finance Department Guidance: The County Attorney's Office will review
the contract for legal sufficiency prior to the Chairman's signature. The Clerk's Finance and
,,"'_ Accounting Division has reviewed the information contained herein.
Procurement: Bid #05-3849 was advertised May 12, 2005 and 228 notices were sent to prospective
bidders. On June 13, 2005 sealed bids were opened for this project. Three bid responses were
received as listed below:
Bidder
D.N. Higgins, Inc.
Mitchell & Stark Construction Co.
Encore Construction Company
Amount
$1,083,000
$1,216,200
$1,256,000
The lowest responsible, responsive bid was received from D.N. Higgins, Inc. in the amount of
$1,083,000, which is lower than the design professional, Hazen and Sawyer's (H&S), cost estimate of
$1,130,000 ($950,000 for the base contract, plus $30,000 for landscaping and irrigation, and $150,000
for instrumentation and controls). The bid tabulation is attached. Staff and H&S have reviewed the
bid and qualifications of the low bidder, and have determined that D.N. Higgins is qualified and able to
perform the required work. Staff concurs with the design professional's assessment that scope and
costs are fair and reasonable, and therefore recommends award to D.N. Higgins. The design
professional's recommendation letter dated June 20, 2005 is attached. A timeline is attached which
shows schedule and costs of all tasks associated with this project.
FISCAL IMPACT:
,,-
IT 05 Funding: A budget amendment is necessary to transfer funds in the amount of $613,000 from
Project 71011, New Mid Hawthorn Zone 1 Wen Field and $294,306 from Project 70066 to Project
,,-
Executive Summary
Approve Contract 05-3849
Page 2
71006, 12th Avenue Booster Pumpinl Station respectively. Funds in the amount of $175,694 are
already available in Project 71006, 12 Avenue Booster Pumping Station. Therefore after realizing the
aforementioned budget amendment, a total of $1,083,000 will be available to fund this project. The
source of funds is Water User Fees.
Agenda Item NO.1 OH
July 26, 2005
Page 2 of 8
Total Estimated Project Costs: This project was intentionally divided into two succinct contracts to
expedite timely completion. The pipeline portion was on the critical path and was placed under
construction concurrent as the permanent booster pumping station was being designed. The
interconnect pipeline is 100% complete. The two companion bids are more fully explained below:
(1) Bid No. 02-3345: On October 26, 2004, Item 16(C)(8) the Board awarded the 12th Avenue
Interconnect Pipeline project via a work order under the Fixed Annual Term Underground Utility
Contract to Kyle Construction in the amount of $749,500.00. The scope included approximately 6000
lineal feet of 20-inch diameter Polyvinylchloride (pVC) pipe to interconnect the fresh water Tamiami
Aquifer with the brackish water Lower Hawthorn Aquifer. The purpose was to increase the reliability
of raw water supply to the NCR WTP and to offer the ability to potentially utilize the existing high
salinity Lower Hawthorn wells for water production. Land acquisition costs in the amount of $3,296
were incurred for this project.
(2) Bid No. 05-3849: This companion project in the amount of $1,083,000 is a necessary to have a
fully functioning system to accomplish the ultimate objectives as described in (1) above. It is named
,.-. 12th Avenue Interconnect Booster Pumping Station and will provide the ability to deliver the blended
raw water through the pipeline previously constructed by Kyle Construction and described in (1)
above, to the NCRWTP for treatment and ultimate potable water distribution to serve our water
customers. An engineering design and inspection services contract in the amount of $159,500 for both
the interconnect pipeline described in (1) above and the booster pumping station described herein was
awarded by the Board to Hazen & Sawyer on September 14,2004, Item 16(F)(1). Permitting fees are
estimated at $4,000.
(3) Bid No. 04-3580: A work order in the amount of $198,700 was awarded to E.B. Simmonds under
the Fixed Annual Term Contract for electrical work associated with the permanent booster pumping
station on October 21, 2004. This work is 100% complete.
Thus, the total project cost for 12th Avenue Interconnect Piping and Booster Pumping Station in-
service, delivering raw water to the NCR WTP will be approximately $2,197,996.
~..
Proiect Proiect Deliverable Amount
12th Avenue Interconnect Pipeline connecting Tamiami and Lower Hawthorn $ 749,500
Pipeline Aquifers
Land Needed for pipeline connecting Tamiami and $ 3,296
Lower Hawthorn Aquifers
12th Avenue Interconnect Booster Pumping Station needed to convey raw $1,083,000
Permanent Booster Pumping water to the NCRWTP through pipeline
Station
Engineering Services Engineering services for pipeline and Booster $ 159,500
Pumping Station.
/"""',
Executive Summary
Approve Contract 05-3849
Page 3
Agenda Item No. 10H
July 26, 2005
Page 3 of 8
Electrical Construction Electrical services needed for operation of Booster $ 198,700
Pumping Station.
Permitting Fees Required permits for pipeline and Booster Pumping $ 4,000
Station.
Total $2,197,996
GROWTH MANAGEMENT IMP ACT: This project will have no impact on growth management.
The proposed contract is consistent with the 2003 Water Master Plan Update as adopted by the Board
on May 25, 2004 as Agenda Item 10D, and the FY05 Water Capital Budget approved by the Board on
September 23, 2004.
RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio Governing
Board of the Collier County Water-Sewer District:
~
A. Award Contract 05-3849 to D.N. Higgins, Inc. in the amount of $1,083,000.
B. Approve the necessary budget amendment.
C. Authorize the Chairman to sign the standard construction contract after approval by the County
Attorney's Office.
PREPARED BY: Peter Schalt, PMP, Senior Project Manager, Public Utilities Engineering
Department
,r-'
Ageo{ja llem No 1 QH
Juiy 26, 2D05
Page 4 or 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
--
Item Number
Item Summary
10H
Meeting Date
Re;;ommendat;on 10 ilward Bid #D5.38.o101(1 O. N Hig!l:n$.lnc ar'ld i1JlPrIl'ie thtl n~!r;.ll$!Hlr>,
blJdget arnendment for the 1 Lth Avenue Inter::..onr:ert 8C1Qslet Pumping Statio!l In thi!!
alTTuunl of $1 ,083.000, Project Number 71tl06. [Jlnl DeLany. Adminis.trator_ Public Utilities.)
71~612:005 9 00-00 AM
Approved By
I~aul Matt.:l\.isch
\Nater Director
Date
PUblic; UtllUlc$
Wilte!
GI29i2005 -10:30 PM
Approved By
Pamela L1bbV
Wate, Ope!3tIOll!i NalUlgel
Oa"
Publlc Utllitiflti
Water
7j6120l'J5 3:HI PM
Approved By
Jack p, Curran
Purcl'Hl.!ling Agent
Date
Admlnl!j.tr:lllvl!: Scrllicf\:;
Purch<lSlftg
71ijl200S 3:.41 PM
Approvtd By
ThOlnll$ Wines
Operation:\. Olreclot
Oa"
Public Utlltthelt
Public Utilities Opeladofl'lo
i!6/200S .4:06 PM
ApprO'\!ed By
Roy B. Anderson, P,E.
~~ublic Uti1iUes En-gm~enog Ulrectol
Date
Public UtiHtIe.s
Public Utllltle'lo Engineering
7i7i2005 4:53 AM
Approved By
Mike Hauer
Acqui11bon M;Jnager
Date
AdministratIve SelVice!l
PUlc:;IUl:$.lng
7n12005 3:14 PM
Approved By
Steve Caml!:ll
~'urchas.ingJGt!neral S\lCS Director
Oate
AdminlliUatl\le Servlce$
Purchasing
rl7!1oas 3:21 PM
Approved By
James W. DeLony
Public Utllltleli AdmInistrator
Date
Putlhc Utillth!:$
Puhllc Utllltles Ar.lmll'lhlralion
7.'7120054:04 PM
Approvtd By
OMB CourdinatQr
Admlnl-itl3.thll!! A$slstant
Date
'-'"
County M,""lgflr'5 OffiCI!!
Office of Maflagcmenl & Dudgf!t
7/11120053:..5 PM
Approved By
Susan U:!oher
Senior MlInagemelltlBud\1et Analyst
Date
County Man"ger's Office
Office ot Management & Budget
7/13/20054:16 PM
Apprond By
JamC5 V, Mudd
Board of County
Commissioner.,;
COUllty f.1tmil'iler
Oa"
County Manager's Office
711412005 2:36 PM
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Agenda Item No. 10H
July 26, 2005
Page 6 of 8
,..--
HAzEN AND SAWYER
Environmental Engineers & SCientists
Hazell alld Sa\'lYer, P.C.
2101 Corporate Boulevard
Boca Ratoll, FL 33431
561 997.8070
Fax: 561 997-8159
June 20, 2005
Peter Schalt, PMP
COLLIER COUNTY GOVERNMENT
Public Utilities Engineering
3301 East Tamiami Trail
Building H, Third Floor
Naples, Florida 34112
Collier County NCRWTP
121t1 Avenue Interconnect
Booster Pump Station
Collier County Bid No. 05-3849
Dear Pete;
.~
Three bids were received for the Collier County Bid No. 05-3849 entitled 12th Avenue
Interconnect Booster Pump Station on June 13, 2005. A bid tabulation summary for the project
is attached for reference purposes.
The apparent low bidder is Douglas N. Higgins, Inc. at $1,083,000.00. The Engineer's estimate
for the project was $1,130,000 and can be broken down as follows: $950,000 base bid, $30,000
landscaping allowance, and $150,000 instrumentation and controls allowance.
We have reviewed the bids for the project and recommend award of the construction contract
for the 12th Avenue Interconnect Booster Pump Station - Collier County Bid No. 05-3849 to
Douglas N. Higgins, Inc in the amount of $1,083,000.00.
Very truly yours,
HAZEN AND SAWYER, P .C.
~~
Project Manager
c,' Don Williams - RKS
Albert Muniz
File: 41010,005-3.1,2
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Agenda Item NO.1 OH
July 26, 2005
Page 8 of 8
EVENT
unci Acqulllltlon
..-Ittln lOt
Design .t.....
COlllltructlon f2.131,2Ot
Iuped:lon Incll. .......
Project Total f2,tw..
ProjeCt N....:
Recommended Action: Recommendation to award Bid #05-3849 to D. N. Higgins,
Ine. for the 12th Avenue Interc:onneet Booster Pumping Station in the amollnt of $1,083,000,
Project Nllmber 71006.
Agenda Item No. 16A 1
July 26, 2005
Page 1 of 4
-
exECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Valencia Golf and Country
Club - Phase 2", 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 "Valencia Golf and Country Club - Phase 2", a
subdivision of lands located in Section 23, Township 48 South, Range 27 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 ''Valencia Golf and Country Club - Phase 2". 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 tinal plat of "Valencia Golf and Country
Club - Phase 2" be approved for recording.
FISCAL IMPACT:
The project cost is $1,696,983.33 (estimated) to be bome by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $ 677,654.00
- $1,019,329.33
The Security amount, equal to 110% of the
project cost, is $1,866,681.66
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: $32,084.89
,.,,-.
"
-,
Agenda Item No. 16A 1
July 26, 2005
Fees are based on a construction estimate of $1 ,019,329.33 (does not ine~ of 4
Orangetree Utilities) and were paid in November, 2004.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5.1ac) -$ 1,505.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ nla
c) Drainage,
Paving, Grading (.75% const. est.) - $ 7,644.97
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $ nla
e) Drainage, Paving,
Grading(2.25%const.est.) - $22,934.92
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 revi~wed and approved the plat and associated legal
documents.
RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of "Valencia Golf and
Country Club - Phase 2" for recording with the following stipulations:
1. Approve the amount of $1,866,681.66 as performance security for the required
improvements; or such lesser amount based on work completed, and as is approved by the
Engineering Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
Item Number
ttem Summary
Meeting Date
Agenda Item No. 16A1
July 26. 2005
Poge 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16At
Recommendation to approve for recording the fInal plat of "Valencia Golf and Country Club
_ Phase 2", approval of Ihe standard form Construction and Maintenance Agreement and
approval of the amount of the performance security
7/26/20059:00,00 AM
Prepared By
Senior Engineer
Gf2012005 3:35:48 PM
John Houldsworth
Community OI!VeloJllnent &
Environmental Services
Date
E"nirlee'lng SP.f'Vir.Cii
Executive Secretary
Dat.
Approved By
Sandra Lea
Community Development &
Environm(~lltaI5ervi(:e$
Community Developme-nl &
Environmental Servic~ AdJnin.
6121 (2005 1 :28 PM
COES Engineering Services Director
Date
Approved By
Thomas E, Kuck, P.E.
COnllTlunity Development &
Environmentiill Servic~s
COES Engineering Services
6!2112005 4:48 PM
Operations. Analyst
Date
Approved By
Constance A. Johnson
Community Devel(lfltrumt &
Environmental Services
Community Devf!lopnl4!nt &
Environmental St!:rvices Admin_
61241200512:48 PM
Jos.eph K. Schmitt
Date
Approved By
Community Development &
Envimnmental SI~rvicl~S
Community Development &
Environmental Services Adminstrator
Community OC\lelopment &
Envirol1mtmtal Services Admin.
1i1/2005 10:00 AM
OMS Coordinator
Administrative Assistant
Date
Approved By
County Manager's Office
Office of Management & Budget
7/6120059::.14 AM
Mark Is.ack,-on
Budget Analysot
Date
Approved By
County Manager's Office
Office of Management & Budget
7/8/200511:01 AM
Approved By
Michael Smykowlllooi
County Manilger'so Office
Managemenl & Budget Director
DatE!'
Office of Management & Budget
7(11120D511:4& AM
County Manager
Date
Approved By
James V. Mudd
Board or County
Commissioners
County Manager's; Office
7/11/2:00512:08 PM
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Agenda Item No. 16A2
July 26, 2005
Page 1 of41
-
EXECUTIVE SUMMARY
Recommendation to approve the Release and Satisfactions of Lien for payments
received for the following Code Enforcement actions; Alma Walker & Ardis Walker
Estate, Resolution 92-64, Resolution 94-642, Resolution 91-130; Park East Dev. Ltd
Resolution 2005-04; Alfonse & Greta Bottino, Resolution 2003-04, Resolution 2003-
05, Resolution 2003-06; Adela Miazga Resolution 95-680; Jesus Gomez, Resolution
2004-148; Priscilla CatTa-Mobley Et AI., Resolution 2005-17; Priscilla Caffa-
Mobley, Eddy Washington, Stephanie Davis & Tammy Fletcher, Resolution 2005-
45, Morris Thomas, Resolution 2005-67; Evans & Marie Volcy, Resolution 2005-59;
Tsalach Investments, LLC., Resolution 2005-58; Valerie S. Tausch, Resolution 2004-
274; Paul Riddleberger, Jr., Resolution 2001-40; Alfredo & Maria Silva, CO
2004100318; John & Susan Quartucci, CO 2004071165; Danialle Steed, CE 0267;
Martha Lee Johnson, CEB 2004-77; Alexis Palomeque, CEB 2005-03; Jason &
Christina Sellers, 2005030953; Peter C. Amidon TR., 2005040615; Fatima Cagran,
2004020181; Stuart McFetridge, SO 146425; Christy Patenaude & Gabriel DeRose,
CO 2005010210; Daniel Ryan, CO 2004120585; Jesse Siongco, SO 109953; Frank
Grehl, CE 0154; Elima St. Louis, CO 2005030615; Raymond Daly, CE 1287; Philip
Ryder, CE 1456; Norman Erickson, CE 0337; Craig Bartholow, SO 146799; Alan &
Inez Moniz, CO 2005020316; Donald Roberts, Jr., CO 2005010855; Philip & Anna
Maria Marrone, 2001-13.
--
OBJECTIVE:
To approve execution and recording of the Release and Satisfactions of Lien
acknowledging compliance and recovery of fines and fees related to prosecution of Code
Enforcement matters.
CONSIDERATIONS:
.---
Reference Owner of Record Lien Amount
Resolution 92-64 Alma Walker & Ardis Walker Estate $245.00
Resolution 94-642 Alma Walker & Ardis Walker Estate $825.00
Resolution 91-130 Alma Walker & Ardis Walker Estate $345.00
Resolution 2005-04 Park East Dev. Ltd $255.00
Resolution 2003-04 Alfonse & Greta Bottino $5,100.00
Resolution 2003-05 Alfonse & Greta Bottino $980.00
Resolution 2003-06 Alfonse & Greta Bottino $400.00
Resolution 95-680 Adela Miazga $245.00
Resolution 2004-148 Jesus Gomez $255.00
Agenda Item No. 16A2
July 26, 2005
Page 2 of 41
.......-
Resolution 2005-17 Priscilla Caffa-Mobley Et AI $320.00
Resolution 2005-45 Priscilla Caffa-Mobley, Eddy $255.00
Washington, Stephanie Davis &
Tammy Fletcher
Resolution 2005-67 Morris Thomas $2,600.00
Resolution 200S-59 Evans & Marie V olcy $255.00
Resolution 2005-58 Tsalach Investments, LLC $255.00
Resolution 2004-274 Valerie S. Tausch $255.00
Resolution 2001-40 Paul Riddleberger, Jr. $245.00
CO 2004100318 Alfredo & Maria Silva $135.54
CO 2004071165 John & Sus_n Quartucci $151.12
CE 0267 Danialle Steed $60.00
CEB 2004-77 Martha Lee Johnson $0.00
CEB 2005-03 Alexis Palomeque $750.00
2005030953 Jason & Christina Sellers $156.28
2005040615 Peter C. Amidon TR UTD 5-9-91 $111.55
2004020181 Fatima Cagran $170.69
SO 146425 Stuart McFetridge $300.00
CO 2005010210 Christy Patenaude & Gabriel DeRose $100.00
CO 2004120585 Daniel Ryan $124.18
SO 109953 Jesse Siongco $284.46
CE 0154 Frank Grehl $60.00
CO 2005030615 Elima St. Louis $75.41
CE 1287 Raymond Daly $60.00
CE 1456 Philip Ryder $60.00
CE 0337 Norman Erickson $80.00
SO 146799 Craig Bartholow $300.00
Agenda Item No. 16A2
July 26, 2005
Page 3 of 41
CO 2005020316 Alan & Inez Moniz $85.19
CO 2005010855 Donald Roberts, Jr. $111.94
CEO 2001-13 Philip & Anna Maria Marrone $1,067.59
TOTAL $17,078.95
FISCAL IMPACT:
The only expense incurred by the County is the cost of recording the Releases and
Satisfactions, which is to be approximately $10.00 per release, totaling $370.00 which is
budgeted and available in the current fiscal year Code Enforcement budget.
GROWfH MANAGEMENT IMPACT:
This request will have no impact on the County's Growth Management Plan.
LEGAL CONSIDERATION:
This request has been reviewed for legal sufficiency and has no outstanding legal
considerations.
RECOMMENDATION:
That the Board of County Commissioners approve the Releases and Satisfactions.
PREPARED BY: Leonardo Bonanno, Operations Coordinator - Code Enforcement
Item Number
Item Summlry
Meeting Olte
Agenda Item No. 16A2
July 26. 2005
Page 40141
COLLIER COUNTY
BOARO OF COUNTY COMMISSIONERS
16A2
Recommendation to appro\le the Release and Satisfactions of LIen for payments received
for the following Code Enforcement actions; Aima Walker & Ardis Walker Estate,
Resolution 92-64, Resolution 94-642, Resolution 91-130: Park East Dev. Ltd Resolution
2005-04; Alfonse & Greta Bottino. Resolution 2003-04, Resolution 2003.05, Resolution
2003-06; Adela Miazga Resolution 95-680: Jesus Gomez, Resolution 2004-1.48; Priscilla
Caffa-Mobley Et AI., Resolution 2005-17', PriSCilla Caffa-Mobley, Eddy Washington,
Stephanie Davis & Tammy Fletcher, Resolution 2005.45, Morris Thomas, Resolution 200~-
67: Evans & Marie Voley. Resolution 2005-59: Tsalach Investments, LLC, Resolution
2005-58; Valerie S. Tausch. Resoluhon 2004-274; Paul Riddleberger, Jr., Resolution 2001-
40: Alrredo & Maria Silva, CO 2004100316: Jolln & Susan QlJartucci. CO 2004071165;
DamaUe Steed, CE 0267: Jason & Christina Sellers. 200503Q953~ Peter C, Amidon TR.
2005040615; Fatima Cagran. 2004020161: Stuart McFetridge, SO 146425; Christy
Patenaude 8. Gabriel DeRose, CO 2005010210; Daniel Ryan. CO 2004120585; Jesse
Siongco, 50109953: Frank Grehl, CE 0154: Elima Sf. Louis. CO 2005030615: Raymond
Dilly. CE 1287; Philip Ryder, CE 1456; Norman Erickson, CE 0337; Craig Bartholow. SO
146799: Alan & Inez Moniz. CO 2005020316: Donald Roberts, Jr., CO 2005010855:
Martha Lee Johnson, CEB 2004- 77; Alexis Palomeque, CEB 2005~03
7.126120059:00:00 AM
Prepared By
Ope..-a1:ions Manager
6!29120D511:~O:43 AM
Janet Powers
Conununity De'lelopment &
Environmental Services
Datl~
CodE! EnforCI!Irlf!nt
Ope:mtilms ~.Ir1.,get
Ontt'!
Approved By
Janr.t P()WI!n.
Community Development &
Environmental Service"
CodO' Enfof'C4lmcnt
6/30120059:01 AM
Code Enforcement Director
Date
Approved By
Michelle Edwards Arnold
Community Dl!'"elopn<<tnt &
Environm~ntal Sll'lVicc!O
Code Enforcement
6/30/2005 1:10PM
COllstance A. Johnson
Oper.tions Analyst
Date
Approved By
Comlnunity Development &
Environmental Services
Community Development &
E.n'liromnental Services Admin.
7/11200510:55 AM
Datt'!
Approved By
Sandr;) Lf!iil:
Community D<<!veloprnent &
Environmental Service"
Executive Socretnry
C"mmunity Development &
Environmental Services Admin.
7/11200510:58 AM
Dllte
Approved By
JOSl!ph K. Schmin
Community ()evelopment &
Environmmltal Service.'$.
Community Development & ,
Environmental Services Adminstnrtor
Comm~mjty DevE!lopmenl &
Environmental Service!> AdnWl.
7i112005 8:50 PM
Admini$trative Assistant
Dat.
Approved By
OMB Coordinator
County Manager's Office
Offic.e of Management & Budget
71&/2005 9;43 AM
MiJrillur.:k~()fl
Bud(let Anatyst
Dalt'!
Approved By
County M.Jnager's Office
Office of Management & Budget
7/8/2005 11:53 AM
Michael Smykow$ki
M<IflII~II!ment & Budgitt Dire.;tl)r
Dat.!~
Approved By
County Manager's Office
Office 01 Managel'Y1ent & Budget
7i11i2005 2:29 PM
Approved By
Ja!Tle.s. V. Mudd
Board l)f County
C<lrnOli~liionr.r$
County Manager
DatI?'
County Manager's Office
7i11/2oo5 3:"8 PM
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
Agenda Item No. 16A2
July 26, 2005
Page 5 of 41
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 92-64 against:
Alma Walker
Ardis Walker Estate
1893 Patterson Blvd.
Orlando, FL 32811
The lien was recorded on 03/05/1992, Official Record Book 1693 Page(s) 908, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
Two Hundred and Forty Five Dollars, plus accrued interest and penalties, if any, and
imposes certain obligation against real property situated in Collier County, Florida, which
property is described as follows:
Lot 32, Block 4 of the Main Line Subdivision Section 3 Township 47
South, Range 29 East, Town of Immokalee, Collier County, Florida.
Cost: $245.00
Reference: 91-06-07585
Folio: 56403920003
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this at,"' day of J u 11 ' 2005.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency
~~
Thomas C. Parmer
Assistant County Attorney
Agenda Item No. 16A2
July 26, 2005
Page 6 of 41
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
..
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 94-642 against:
Alma Walker
Ardis Walker Estate
1893 Patterson Blvd.
Orlando, FL 32811
The lien was recorded on 10/06/1994, Official Record Book 1992 Page(s) 465, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
Eight Hundred and Twenty Five Dollars, plus accrued interest and penalties, if any, and
imposes certain obligation against real property situated in Collier County, Florida, which
property is described as follows:
Lot 32, Block 4 of the Main Line Subdivision of Section 3 Township 47
South, Range 29 East, Town of Immokalee, Collier County, Florida.
Cost: $825.00
Reference: 40407-022
Folio: 56403920003
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, FJorida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this ~(,..... day of ~) u '1 ' 2005.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency
/bvv- ~
Thomas C. Palme
Assistant County Attorney
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
Agenda Item No. 16A2
July 26, 2005
Page 7 of 41
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 91-130 against:
Alma Walker
Ardis Walker Estate
1893 Patterson Blvd.
Orlando, FL 32811
The lien was recorded on 03/08/1991, Official Record Book 1598 Page(s) 292, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
Three Hundred and Forty Five Dollars, plus accrued interest and penalties, if any, and
imposes certain obligation against real property situated in Collier County, Florida, which
property is described as follows:
Lot 32, Block 4 of the Main Line Subdivision Section 3 Township 47
South, Range 29 East, Town of Immokalee, Collier County, Florida.
Cost: $345.00
Reference: 90-07-06534
Folio: 56403920003
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge ~hat the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this ;,~ .,." day of .j u'1 ' 2005.
A TIEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
~\~ ~--
Thomas C. Palmer
Assistant County Attorney
Agenda Item No. 16A2
July 26, 2005
Page 8 of 41
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 2005-04 against:
Park East Dev. Ltd
5045 Park Central Ct.
Naples, FL 34109 .
The lien was recorded on 02104/2005, Official Record Book 3728 Page(s) 2410, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
Two Hundred and Fifty Five Dollars, plus accrued interest and penalties, if any, and
imposes certain obligation against real property situated in Collier County, Florida, which
property is described as follows:
Golden Gate, Unit 7 Blk 261 Lots 13-16
Cost: $255.00
Reference: 2307
Folio: 36453120006
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN. WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this ~~ u. day of ~ v, 1 ' 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
T~ V~-
Tho as C. Palmer
Assistant County Attorney
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
Agenda Item No. 16A2
July 26, 2005
Page 9 of 41
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 2003-04 against:
Alfonse & Greta Bottino
1646111 Ave Apt 18 G
New York, NY 10028
The lien was recorded on 2/5/2003, Official Record Book 3212 Page(s) 2416, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
Five Thousand One Hundred Dollars, plus accrued interest and penalties, if any, and
imposes certain obligation against real property situated in Collier County, Florida, which
property is described as follows:
Section 15 Township 51 Range 26 of Wood lake condominium according
to OR 1150 PG 1901-1965
Cost: $5,100.00
Reference: 2220
Folio: 29875100006
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this :J{., H. day of ..J u 1 y , 2005.
A nEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
~V~
Thomas C. Palmer
Assistant County Attorney
Agenda Item No. 16A2
July 26, 2005
Page 10 of 41
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
KNOW ALL MEN. BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 2003-05 against:
Alfonse & Greta Bottino
1646 1st Ave. Apt. 18G
New York, NY 10028-4634
The lien was recorded on 02/05/2003, Official Record Book 3212 Page(s) 2419, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
Nine Hundred and Eighty Dollars, plus accrued interest and penalties, if any, and
imposes certain obligation against real property situated in Collier County, Florida, which
property is described as follows:
All of Tract A of Woodlake Subdivision Plat Book 13, pgs. 117-118
Section 15,Township 51 South, Range 26 East
Cost: $980.00
Reference: 2219
Folio: 82990121004
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this d~ No day of t.i u t "( , 2005.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form. and legal sufficiency
~. \)~
I fJvv-.. " .
Thomas C. Palmer
Assistant County Attorney
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
Agenda Item No. 16A2
July 26, 2005
Page 11 of 41
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 2003-06 against:
Alfonse & Greta Bottino
1646 1st Ave Apt 18 G
New York, NY 10028
The lien was recorded on 2/5/2003, Official Record Book 3212 Page(s) 2423, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
Four Hundred Dollars, plus accrued interest and penalties, if any, and imposes certain
obligation against real property situated in Collier County, Florida, which property is
described as follows:
Section 15 Township 51 South Range 26 All that part of Tract A of
Wood lake Subdivision, Plat Book 13 pages 117 - 118
Cost: $400.00
Reference: 2218
Folio: 82990120005
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this ;){, H. day of .J u 11 ' 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency
r1~~
Thomas) C. Palmer
Assistant County Attorney
Agenda Item No. 16A2
July 26, 2005
Page 12 of 41
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA is the owner and holder of a
certain lien by Resolution No. 95-680 against:
Adela Miazga
141-23 Hoover Ave
Kew Gardens, NY 11435
The lien was recorded on 1/16/1996, Official Record Book 2138 Page(s) 1309, in the
Official Records Office of the Clerk of the Circuit Court of Collier County, State of Florida.
The lien secures the principal sum of Two Hundred Forty-Five Dollars, plus accrued
interest and penalties, if any, and imposes certain obligation against real property
situated in Collier County, Florida, which property is described as follows:
Lot 19 Block 66 of Marco Beach Unit Two a subdivision according to the
plat thereof, recorded in Plat Book 6, Page 25-31
Cost: $245.00
Reference: 50703-012
Folio: 56803520003
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment received from Lynn C & Catherine A
Maxwell 2338 Immokalee Rd #233 Naples, FL 34110, the current property owner, as full
satisfaction of the lien and hereby cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this ;}/" "" day of J u \1 ' 2005.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency
~ ?~4
Thomas C. Palmer
Assistant County Attomey
~
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
Agenda Item No. 16A2
July 26, 2005
Page 13 of 41
SA TISF ACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 2004-148 against:
Jesus Gomez
6034 SW 27 Street
Miami, FL 33155
The lien was recorded on 5/20/2004, Official Record Book 3568 Page(s) 3642, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
Two Hundred and Fifty Five Dollars, plus accrued interest and penalties, if any, and
imposes certain obligation against real property situated in Collier County, Florida, which
property is described as follows:
Lot 3 Block 14 of Naples Manor Addition
Cost: $255.00
Reference: 2499
Folio: 62102840009
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this .;}l. t-t. day of ~ ...11 ' 2005.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
Lll'^^ ~
Thoma C. Palmer
Assistant County Attorney
. '.
Agenda Item No. 16A2
July 26, 2005
Page 14 of 41
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 2005-17 against:
Caffa-Mobley Et Al)Priscilla
7426 Mcauliffe Dr. Apt. A
Ft. Campbell, Ky 42223
The lien was recorded on 02/04/05, Official Record Book 3728 Page(s) 2432-2433, in
the Official Records of Collier County, State of Florida. The lien secures the principal
sum of 1bree Hundred Twenty Dollars, plus accrued interest and penalties, if any, and
imposes certain obligation against real property situated in Collier County, Florida, which
property is described as follows:
Lot 15 of Pine Grove Subdivision ofImmokalee, Collier County, Florida.
Cost: $320.00 Reference: 2571 Folio: 66930520005
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this ;)~ -H. day of <. \ u 1 t ' 2005.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency:
r-- .DLk---
} OW\. ') ..
Thomas C. Palmer
Assistant County Attorney
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
Agenda Item No, 16A2
July 26, 2005
Page 15 of 41
SATISFACTION OF LIEN
. KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 2005-45 against:
Priscilla Caffa-Mobley
Eddy Washington, Stephanie Davis &
Tammy Fletcher
7426 Mcauliffe Dr. Apt. A
Ft. Campbell, Ky 42223
The lien was recorded on 02118/05, Official Record Book 3737 Page(s} 791-792, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
Two Hundred Fifty Five Dollars, plus accrued interest and penalties, if any, and imposes
certain obligation against real property situated in Collier County, Florida, which property
is described as follows:
Lot 15 of Pine Grove Subdivision of Immokalee, Collier County, Florida.
Cost: $255.00
Reference: 2666
Folio: 66930520005
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this ;}(.;... day of I \..> 1'1 ' 2005.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
])~ ~J~
Thomas C. Palmer
Assistant County Attorney
----
Agenda Item No. 16A2
July 26, 2005
Page 16of41
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No, 2005-67 against:
Morris Thomas
19050 NW 256\11 St.
Okeechobee, FL 34972
The lien was recorded on 02118/05, Official Record Book 3737 Page(s) 835-836, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
Two Thousand Six Hundred Dollars, plus accrued interest and penalties, if any, and
imposes certain obligation against real property situated in Collier County, Florida, which
property is described as follows:
The South 50 Ft of the North 198,5 Ft of the West 165 Ft of the
Southwest 1/4 of the Southeast 1/4 of the Southwest 1/4 of Section 3,
Township 47 South, Range 29 East, Collier County, Florida.
Cost: $2600.00
Reference: 2667
Folio: 00117160008
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this :J~ t+. day of t' \ U t 1 ' 2005,
A !TEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
_. D b
lOV\A.. \ O\;l~
Thomas C, Palmer
Assistant County Attorney
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
Agenda Item No. 16A2
July 26, 2005
Page 17 of 41
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 2005-59 against:
Evans & Marie Volcy
PO Box 2057
Immokalee, FL 34143
The lien was recorded on 02118/05, Official Record Book 3737 Page(s} 819-820, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
Two Hundred Fifty Five Dollars, plus accrued interest and penalties, if any, and imposes
certain obligation against real property situated in Collier County, Florida, which property
is described as follows:
Lot 13, of the Pine Grove Subdivision of Immokalee,Collier County Florida
Cost: $255.00
Reference: 2665
Folio: 66930440004
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this J (, ... day of ~ u 1 t ' 2005.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
IOI^^ p~
Thomas C. Palmer
Assistant County Attorney
Agenda Item No. 16A2
July 26, 2005
Page 18 of 41
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 2005-58 against:
Tsalach Investments, LLC
c/o Doug Knutson
1268 14th Avenue North
Naples, FL 34102
The lien was recorded on 02/18/05, Official Record Book 3737 Page(s) 817-818, in the
Official Records of Collier County, State of Florida. The lien secures the principal sum of
Two Hundred Fifty Five Dollars, plus accrued interest and penalties, if any, and imposes
certain obligation against real property situated in Collier County, Florida, which property
is described as follows:
Lot 19 Block 191 Golden Gate Unit 6, Collier County Florida
Cost: $255.00
Reference: 2660
Folio: 03630828004
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this :U. tfo day of ~ c.,) \ t ' 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
:=:-J O~. Pk--
Thomas C. Palmer
Assistant County Attorney
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
Agenda Item No. 16A2
July 26, 2005
Page ~ 9 of 41
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That. the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 2004-274 against:
Valerie S. Tausch
309 Goodlette Rd. S. #304 A
Naples, FL 34102
The lien was recorded on 10/15/2004, Official Record Book 3661 Page(s) 1202-1203, in
the Official Records Office of the Clerk of the Circuit Court of Collier County, State of
Florida. The lien secures the principal sum of Two Hundred and Fifty Five Dollars, plus
accrued interest and penalties, if any, and imposes certain obligation against real
property situated in Collier County, Florida, which property is described as follows:
Lot 13, Block 2, Gulf Shores Subdivision, As Recorded in Plat Book 4,
Page 50 of the Public Records of Collier County, Florida
Cost: $255.00
Reference: 2546
Folio: 48171000001
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2004.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency
~ D~
Ib~ ~
Thomas C. Palm r
Assistant County Attorney
Agenda Item No. 16A2
July 26, 2005
Page 20 of 41
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by Resolution No. 2001-40 against:
Paul Riddleberger Jr.
652 94th Ave. N.
. Naples, FL 34108-2447
The lien was recorded on 03/07/2001, Official Record Book 2787 Page(s) 761-762, in
the Official Records Office of the Cieri< of the Circuit Court of Collier County, State of
Florida. The lien secures the principal sum of Two Hundred and Forty Five Dollars, plus
accrued interest and penalties, if any, and imposes certain obligation against real
property situated in Collier County, Florida, which property is described as follows:
Lot 11, block 6 of Naples Manor Extension, Recorded in Plat Book 3,
Page 101 of the Public Records of Collier County, Florida
Cost: $245.00
Reference: 1403
Folio: 62204520007
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this day of , 2004.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
~Rk-
Thomas C. Palmer
Assistant County Attorney
Agenda Item No. 16A2
July 26, 2005
Page 21 of 41
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Secretary to the Special Master
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
ALFREDO & MARIA SILVA
The lien was recorded on 1/24/2005, Official Record Book 3720 Page
2459, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of $135.54, plus accrued interest and penalties,
if any, and imposes certain obligation against real property situated in
Collier County, Florida, which property is described as follows:
4225 31ST PLACE SW, NAPLES
Cost: $135.54
Reference: CO 2004100318 Folio: 36514360006
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN -WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this rl~ tf. day of U u 11 ' 2005.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
~C1A~
Jenni er Belped
Assistant County Attorney
Agenda Item No. 16A2
July 26, 2005
Page 22 of 41
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Secretary to the Special Master
Code Enforcement Department
2800 North Horseshoe Drive
Naples. FL 34104
(239) 403-2440
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
JOHN & SUSAN QUARTUCCI
The lien was recorded on 1/24/2005, Official Record Book 3720 Page
2460, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of $151.12, plus accrued interest and penalties,
if any, and imposes certain obligation against real property situated in
Collier County, Florida, which property is described as follows:
3740 22ND AVENUE NE
Cost: $151.12
Reference: CO 2004071165 Folio: 40363120001
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida. to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida. acting through its Chairman, directs execution and recording of the Satisfaction
of Lien. by action of the Board on this :J~ ti. day of \. \ LIt i1 ' 2005.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK. Clerk COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE. Chairman
Deputy Clerk
Approved as to form and legal sufficiency
-'
~0~~
Jennifer Belpe
Assistant County Attorney
Agenda Item No. 16A2
July 26, 2005
Page 23 of 41
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Secretary to the Special Master
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Danialle Steed
The lien was recorded on 4/19/2005, Official Record Book 3777 Page
4053, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of 60.00, plus accrued interest and penalties, if
any, and imposes certain obligation against real property situated in
Collier County, Florida.
Cost: 60.00 Reference: CE 0267
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this at. 'Hi day of U u '1 . 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
~~
\,"'t. ' ~
Jen Ifer Bel ,~o
Assistant County Attorney
Agenda Item No. 16A2
July 26, 2005
Page 24 of 41
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 N. Horseshoe Drive
Naples. Florida 34112
(239) 403-2440
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Code Enforcement Board
Order dated 2/25/2005, a certified copy of which was recorded in O.R. Book 3744, Pages
1414, et seq., on 3/312005, of the Public Records of Collier County, Florida, against the
following described real property, and all other real and personal property located in
Collier County, owned by Martha Lee Johnson, has been discharged in full.
Lot 32 Block 5 Main Line Subdivision, Immokalee, Section 3 Township
47 South, Range 29 East
Folio No.
Cost:
Reference:
56405200006
$0.00
CEB 2004-77
The undersigned is authorized to and does hereby release this lien as to the whole
of the above-described real property, and all other real and personal property owned by
Martha Lee Johnson, and consents to this lien being discharged of record.
Dated this at,.... day of J -..11
,2005.
A lTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
By:
Ap roved as to form and
leg SULci cy:
Agenda Item No. 16A2
July 26, 2005
Page 25 of 41
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 N. Horseshoe Drive
Naples, Florida 34112
(239) 403-2440
RELEASE AND SA TISF ACTION OF LIEN
This is to certify that the claim of lien arising out of the Code Enforcement Board
Order dated 2/2412005, a certified copy of which was recorded in O.R. Book 3744, Pages
1400, et seq., on 3/312005, of the Public Records of Collier County, Florida, against the
following described real property, and all other real and personal property located in
Collier County, owned by Alexis Palomeque. has been discharged in full.
4259 23rd PI SW Naples, FL 34116~ Lot 20; Block 11 ~ Unit 1 Golden Gate
Folio No.
Cost:
Reference:
35646560005
$750.00
CEB 2005-03
The undersigned is authorized to and does hereby release this lien as to the whole
of the above-described real property, and all other real and personal property owned by
Alexis Palomeque, and consents to this lien being discharged of record.
Dated this db, H. day of :J u '1
,2005.
ATfEST:
DWIGHf E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
. Deputy Clerk
FRED W. COYLE, CHAIRMAN
Agenda Item No. 16A2
July 26, 2005
Page 26 of 41
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Secretary to the Special Master
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Jason & Christina Sellers
The lien was recorded on 4/19/05, Official Record Book 3777 Page 4049,
in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of $156.28, plus accrued interest and penalties,
if any, and imposes certain obligation against real property situated in
Collier County, Florida. which property is described as follows:
1380 15th St SW
Naples, FL 34117
Cost: $156.28
Reference: 2005030953
Folio: 45842960004
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record'this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this ;)~ ii. day of ,) u \ i . 2005.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
.'\/' t J..t~~~.c~t.-': -:-__~
Jennifer Belpedio\
Assistant CountY'Attorney
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Secretary to the Special Master
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
Agenda Item No. 16A2
July 26, 2005
Page 27 of 41
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Peter C. Amidon TR UTD 5-9-91
The lien was recorded on 5/13/2005, Official Record Book 3797 Page
3854, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of $111.55, plus accrued interest and penalties,
if any, and imposes certain obligation against real property situated in
Collier County, Florida, which property is described as follows:
2854 54th T er SW
Naples, FL 34116
Cost: $111.55
Reference: 2005040615
Folio: 36375000000
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of lien, by action of the Board on this at" ii., day of < \ I It"i ' 2005.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
;"\ ( "1 ," {:::. (, " ,~ ...", __..I~:......
Jennife1Befped;;" :",' .
Assistant County Atto""ey
Agenda Item No. 16A2
July 26, 2005
Page 28 of41
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Secretary to the Special Master
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Fatima Cagran
The lien was recorded on 5/13/2005, Official Record Book 3797 Page
3870, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of $170.69, plus accrued interest and penalties,
if any, and imposes certain obligation against real property situated in
Collier County, Florida, which property is described as follows:
2068 Davis Blvd
Naples, FL 34104
Cost: $170.69
Reference: 2004020181
Folio: 77510360001
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this a~ ~ day of d v \,,' ' 2005.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
By:
FREDW. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
\',~~LuU~~
Jennifer Belpedio ' \
Assistant County Attorrley
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Secretary to the Special Master
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
Agenda Item No, 16A2
July 26, 2005
Page 29 of 41
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Stuart McFetridge
The lien was recorded on 5/13/2005, Official Record Book 3797 Page
3840, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of $300.00, plus accrued interest and penalties.
if any, and imposes certain obligation against real property situated in
Collier County, Florida.
Cost: $300.00
Reference: SO 146425
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chainnan, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this a~ -+1. day of Ju 1{ , 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
FRED W. COYLE, Chainnan
Approved as to fonn and legal sufficiency
'~\,\.. 1,// \. C(
.' ',' .:" /\ '-'Ie- ':;:~, 'n'_n
Jennifer Belpedio',
Assistant County Attorrrey
Agenda Item No. 16A2
July 26, 2005
Page 30 of 41
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Secretary to the Special Master
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Christy Patenaude & Gabriel DeRose ,
The lien was recorded on 4/19/2005, Official Record Book 3777 Page
4046, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of $100.00, plus accrued interest and penalties.
if any, and imposes certain obligation against real property situated in
Collier County, Florida. which property is described as follows:
4233 2200 PI SW
Naples, FL 34116
Cost: $100.00
Reference: CO 2005010210 Folio: 35644080008
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida. to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF. the Board of County Commissioners of Collier County.
Aorida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this at"..... day of du \~, , 2005.
I
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK. Clerk COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
~~~"'\ ("", \J ,~~: \:.'<
. J.)\ l...".... .",
Jennifer Belpedio "'\
Assistant County Attorney
"'''~~'~'"'''''''''''''':';;~''''!,",i'';'.;'',"'"",;","''""",,,,,,,,",,.
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Secretary to the Special Master
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
Agenda Item No, 16A2
July 26, 2005
Page 31 of 41
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Daniel Ryan
The lien was recorded on 4/26/05, Official Record Book 3783 Page 0754,
in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of $124.18, plus accrued interest and penalties,
if any, and imposes certain obligation against real property situated in
Collier County, Florida, which property is described as follows:
718 Palm Springs Blvd
Naples, FL 34104
Cost: $124.18
Reference: CO 2004120585 Folio: 65771240008
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of lien in the
OffICial Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this ;;}G, f-t. day of \ ~ l.t l1 ' 2005.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency
", /
" ( \," t,~-
: ..'-- ." ):.~-, ^ - '
Jennifer Belpedio,
Assistant County Attorney
Agenda Item No. 16A2
July 26, 2005
Page 32 of 41
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Secretary to the Special Master
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Jesse Siongco
The lien was recorded on 12/3/2004, Official Record Book 3689 Page
2610, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of $284.46, plus accrued interest and penalties,
if any, and imposes certain obligation against real property situated in
Collier County, Florida.
Cost: $284.46
Reference: SO 109953
Collier" County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this :J/i"" day of L) U ) '/ ' 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
'"~I ,((~( ':"
" ~~-" ).'-v....-' J / \.;,:"'
4.~- . .' , -~-'
Jennifer Belpedio . '"
Assistant County AttorTT'ey
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Secretary to the Special Master
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
Agenda Item No. 16A2
July 26, 2005
Page 33 of 41
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Frank Grehl
The lien was recorded on 4/19/2005, Official Record Book 3777 Page
4050, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of $60.00, plus accrued interest and penalties,
if any, and imposes certain obligation against real property situated in
Collier County, Florida.
Cost: $60.00 Reference: CE 0154
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
Of. Lien, by action of the Board on this ~t, -H.. day of ~ \ u I ~ ' 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
FRED W. COYLE, Chairman
Approved as to form and legal sufficiency
. \~\.t-. )('
Jennifer Belpedio "
Assistant County Attorney
Agenda Item No. 16A2
July 26,2005
Page 34 of41
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Secretary to the Special Master
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Elima St. Louis
The lien was recorded on 4/19/2005, Official Record Book 3777 Page
4041, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of $75.41, plus accrued interest and penalties,
if any, and imposes certain obligation against real property situated in
Collier County, Florida, which property is described as follows:
5322 McCarty St
Naples. FL 34113
Cost: $75.41 Reference: CO 2005030615 Folio: 62047200005
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record. this Satisfaction of Lien in the
OffICial Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this CJl" ti. dayof.jv 11 . 2005.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
\(J8~
Jennifer Belpedio ~ -
Assistant County Attorney
Agenda Item No. 16A2
July 26, 2005
Page 35 of 41
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Secretary to the Special Master
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Raymond Daly
The lien was recorded on 4/19/2005, Official Record Book 3777 Page
4052, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of $60.00, plus accrued interest and penalties,
if any, and imposes certain obligation against real property situated in
Collier County, Florida.
Cost: $60.00 Reference: CE 1287
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this ;)f., #, day of j u l't ' 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
~",.."
c\' (JA ..L....::"",. --"'"
Jenniter Belpedio. '\
Assistant County AitOrney
Agenda Item No. 16A2
July 26, 2005
Page 36 of 41
This instrument prepared by:
Leonardo Bonanno. Operations Coordinator
Secretary to the Special Master
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Philip Ryder
The lien was recorded on 4/19/2005, Official Record Book 3777 Page
4051. in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of $60.00, plus accrued interest and penalties,
if any. and imposes certain obligation against real property situated in
Collier County, Florida.
Cost: $60.00 Reference: CE 1456
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien. acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Oerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this ;}"* -+I. day of 0 u 11 . . 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
By:
By:
FRED W. COYLE. Chainnan
Deputy Clerk
Approved as to form and legal sufficiency
">!:.\..~\ ";~..:~:-;;..."'_... ...
Jennifer Belpedio)
Assistant County Attorney
Agenda Item No. 16A2
July 26, 2005
Page 37 of41
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Secretary to the Special Master
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Norman Erickson
The lien was recorded on 5/13/2005, Official Record Book 3797 Page
3837, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of $80.00, plus accrued interest and penalties,
if any, and imposes certain obligation against real property situated in
Collier County, Florida.
Cost: $80.00 Reference: CE 0337
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this ~l, -+t. day of L~ u \ 'I ' 2005.
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Deputy Clerk
FRED W. COYlE, Chairman
Approved as to form and legal sufficiency
, -0~(:- ~t~,_,^_,}\;<<) '~~('<" _
Jennifer Belpedio
Assistant County Attorney
Agenda Item No. 16A2
July 26, 2005
Page 38 of 41
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Secretary to the Special Master
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Craig Bartholow
The lien was recorded on 5/13/2005, Official Record Book 3797 Page
3839, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of $300.00, plus accrued interest and penalties.
if any. and imposes certain obligation against real property situated in
Collier County, Florida.
Cost: $300.00
Reference: SO 146799
Collier County, a political subdivision of the State of Florida. by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida. to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF. the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this Jl,..... day of l) ul..., ,2005.
. ,
ATTEST
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
~~
Jennife Belpedio <::::)
Assistant County Attorney
-- ---
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Secretary to the Special Master
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
Agenda !tem No. 16A2
July 26, 2005
Page 39 of 41
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Alan & Inez Moniz
The lien was recorded on 4/19/2005. Official Record Book 3777 Page
4032, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of $85.19, plus accrued interest and penalties,
if any, and imposes certain obligation against real property situated in
Collier County, Florida, which property is described as follows:
5590 Golden Gate Parkway
Naples. FL 34116
Cost: $85.19 Reference: CO 2005020316 Folio: 36430040002
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien. by action of the Board on this .;:)~ -ii. day of L\ II \ I .2005.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
By:
FREDW. COYLE, Chairman
Deputy Clerk
Approved as to form and legal sufficiency
'>,{ J 1~ ~\'..._
Jennifer Belpedio,~
Assistant County Attorney
Agenda Item No. 16A2
July 26, 2005
Page 40 of 41
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Secretary to the Special Master
Code Enforcement Department
2800 North Horseshoe Drive
Naples, FL 34104
(239) 403-2440
RELEASE AND SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA is the owner and holder of a
certain lien by an Order executed by the Special Master against:
Donald Roberts Jr.
The lien was recorded on 4/26/2005. Official Record Book 3783 Page
0755, in the Official Records of Collier County, State of Florida. The lien
secures the principal sum of $111.94, plus accrued interest and penalties,
if any, and imposes certain obligation against real property situated in
Collier County, Florida. which property is described as follows:
4618 251h Ave SW
Naples, FL 34116
Cost: $111.94
Reference: CO 2005010855 Folio: 35989440002
Collier County, a political subdivision of the State of Florida, by execution of this
Satisfaction of Lien, acknowledges payment as full satisfaction of the lien and hereby
cancels said lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the
Official Records of Collier County, Florida, to acknowledge that the lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of the Satisfaction
of Lien, by action of the Board on this ;){., tL day of ,J '"' \ 1 ' 2005.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE. Chairman
Deputy Clerk
Approved as to form and legal sufficiency
/.>C~~.
',;-, ( " ..;
\, \). \:i..ft--._~
Jennifi- BelpedlQ)
Assistant County Attorney
Agenda Item No. 16A2
July 26, 2005
Page 41 of 41
This instrument prepared by:
Leonardo Bonanno, Operations Coordinator
Code Enforcement Department
2800 N. Horseshoe Drive
Naples. Florida 34112
(239) 403-2440
RELEASE AND SATISFACTION OF LIEN
This is to certify that the claim of lien arising out of the Code Enforcement Board
Order dated May 4,2001, a copy of which was recorded in O.R. Book 2821, Pages 2795,
et seq., on May 9, 2001, of the Public Records of Collier County, Florida, against the
following described real property, and all other real and personal property located in
Collier County, owned by Philip and Anna Maria Marrone, has been discharged in full.
The real property located at 2096 Tamiami Trail East, Naples, Florida,
more specifically described in the deed recorded in Official Record Book
1500, Pages 815, et seq., of the Public Records of Collier County.
Folio No. 26880560003
Cost: $1,067.59
Reference: CEB No. 2001-13
The undersigned is authorized to and does hereby release this lien as to the whole
of the above-described real property, and all other real and personal property owned by
Philip and Anna Maria Marrone, and consents to this lien being discharged of record.
Dated this 07~ -tt... day of
:ru~
,2005.
ATTEST:
DWIGlIT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
FRED W. COYLE, CHAIRMAN
A proved as to form and
Ie ill ~rttncy
l~ .'t. /
JV.....~
Jeff'r9Y Pi.. Klatzkow
Assistant. ~ounty Attorney
\ j . I,
V \ i
~:J
Agenda Item No. 16A3
July 26, 2005
Page 1 of 5
-
EXECUTIVE SUMMARY
Recommendation to grant final approval of the roadway (private) and
drainage improvements for the final plat of "Islandwalk Phase One". 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 One"
CONSIDERATIONS:
1. On November 1 0, 1998, the Board of County Commissioners granted
preliminary acceptance of the roadway and drainage improvements in
"Islandwalk Phase One".
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. 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.
.--.
Agenda Item No. 16A3
July 26, 2005
Page 2 of 5
RECOMMENDATION:
That the Board of County Commissioners grant final acceptance of the roadway
and drainage improvements in "Islandwalk Phase One" 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
".J",,*"
Agenda Item No, 16AJ
July 26, 2005
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Olte
16A3
Recommendation to gran1 final approval of the roadway (pri~ate) and drainage
improvements fortheflnal plat of "lslandwalk Phase One~ The roadWay and drainage
improvements will be privately malnta!ned
7126/20059:00,00 AM
Item Number
Item summary
Prepared By
Date
John Houldsworth
Senior Engineer
715/2006 9:06:34 AM
COlllmuJ'lity Devl~loIJrne"t &
Environmental Services
Enginc~Hitl(J Serviccu;
Approved By
Community Development &
Environmental Stlrvic~e$
Executive Secretary
Community Development &
Environmental Sl!lVictffi Adm.lI,
Da..
Sandra Lea
7rSl2006 0:16 AM
Approved By
Community Development &
Environmental Services
Operatlon.s. Analyst
Community Devefopment &
Environmenta' Services Admin.
OaCe
Constance A. Johnson
715120059:27 AM
Approved By
Jos.eph K. Schmitt
Community Development &
environmental Service1i Adminstr.atot
D...
Cornrouotty Devclopmilmt &
Environmental Serviclll!s
Community DevelDpment &
Environmental Services Admin.
71712006 &:30 PM
Approved By
OMB Coordinator
Adminis.1rative A.ssistant
Date
County Manager's Office
Office of Managoment & Budget
118/200612:44 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
OffiCi!" of Management & Budget
7/11J20051J:~9 AM
Approved By
Mic:hul Smykowski
Management & Budget DirectQr
Dole
County Manager's Office
Office of Management & Budget
71111200512:13 PM
Approved By
James V. Mudd
County Manager
Dole
Board of County
CommillSiionera
County Manager's Office
7111/200612:52 PM
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Agenda Item No. 16A3
July 26, 2005
Page 5 of 5
RESOLUTION NO. 05-_
RESOLUTION OF TIlE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA TO AUTHORIZE FINAL ACCEPTANCE
OF THOSE ROADWAY AND DRAINAGE
IMPROVEMENTS IN ISLANDW ALK PHASE ONE,
RELEASE OF TIlE MAINTENANCE SECURITY,
AND ACCEPT THE MAINTENANCE
RESPONSffiILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
ISLANDW ALK HOMEOWNER'S ASSOCIATION
WHEREAS, the Board of County Commissioners of Collier County, Florida, on
February 10, 1998 approved the plat ofIslandwalk Phase One 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. 04-41, 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 Engineering 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, FWRlDA, that final acceptance is
hereby granted for those roadway and drainage improvements in Islandwalk Phase One
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 favoring same,
this _ day of , 2005.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FWRlDA
By:
FRED W. COYLE, CHAIRMAN
Approved as to form and legal
sufficiency:
Jennifer A. Belpedio
Assistant Collier County Attorney
Agenda Item No. 16A4
July 26,2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve final acceptance of water and sewer utility facilities
for Veteran's Park Commons
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 Veteran's Park Commons 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 May 15, 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), in the form of a Cash Bond in the amount
of $9,531.86, 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/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 Veterans Park Commons, and release the UPS to the Project Engineer or the
DevelOper'S designated agent.
PREPARED BY: Jodi Pannullo, Engineering Services
Item Number
Item Summary
Meeting Data
A.pproved By
Pamela Libby
Public Utiliti~s
Agenda Item No 16A4
July 26, 2005
Page 2 013
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16M
Recommendation to approve final acceptance of water and sewer utility facilities fOf
Veteran's Park Commons
7/26120059:00:00 AM
Wate,.-Oper.a1tons. Manager
Date
WBter
6!28/2006 .:10 PM
Approved By
CDES Enginnring SeNice'i Director
Oat.
Thomas E. Kuck. P.E.
Community Development &
Environmental Services
CDES Engineering Se,...,ice~
6/2812005 4:28 PN
SOOllhrm L Nagy
Wostew;lto.- Collections M;,nag"r
~lte
Approved By
Public Utilities
WasteWater
6/30/20057:55 AM
Sandra Lea
Oat.
Approved By
Community Develop,nent &
Environmental Services
Executive Secretary
Community Development &
Elwlronmental Services Admin.
7/&120058:41 AM
Constance A. Johnson
Date
Approved By
Community Oevlftlopmen1 &
Environmental ServicalO
Operations AnalV51
Community D~Yelopment &
Environmental Services Admin.
7/5120069:17 AM
Ruy B. Andl!t"Sorl, P .f,
PubHc Utilities Engineering Diter;tor
Date
Approved By
Public utilities
Public Utilities Engineerin-g
717/20054:51 AM
Paul Me1.tausch
Watvr Director
Oatil'
Approved By
Public: Utilitio~
W.ter
71712005 4:tM PM
Appro.ed By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Oevelopmttnt &
Environmental Servic.es Admins.1rator
Datc!
Community Development &
E.nvlronmental ServicC's Admin,
71712005 8:37 PM
OMB Coontinator
Administrntivl!' A5$istant
Onto
Appro.ed By
County Manager's Office
Office uf Manllgement & Budget
718/2005 12:45 PM
Mark l$ackGon
Budget Analyst
Dale
Appro.ed By
County M.mager"s Office
Offi~ of Managemen't & Budget
7/11120058:26 AM
Mic.hael Smykowski
Management & Budget Qi,..ctor
Oat.
Approved By
County Manager's Ofhce
Office of Management & Budget
7i11/2005 11:0\9 AM
James V. Mudd
County Manager
OAt.
Appro.... By
Board of County
Commissionl!!J$
County Manager's Office
7/11/200& 12:55 PM
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Agenda Item No. 16A5
July 26, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Approve a Budget Amendment recognizing the Fiscal Year 2006 U.S. Department of
Housing and Urban Development (BUD) entitlement funding, State Housing Initiatives
Partnership Program (SHIP) allocation and corresponding budgets.
OBJECTIVE: To recognize the FY 2006 U.S. Department of Housing and Urban
Development (HUD) entitlement funding, State Housing Initiatives Partnership Program (SHIP)
allocation and corresponding budgets.
CONSIDERATION: Financial Administration and Housing mID entitlement grants are
funded, disbursed and monitored on a program year beginning July 1 at through June 30th. The
State's SHIP program also follows the same July 1st through June 30th fiscal year. Coordinating
these two major funding sources allows Financial Administration and Housing (F AH) to
maximize federal and state funding during the program year. The Board of County
Commissioners adopted Resolution No. 2005-157 approving the mID One-Year Action Plan for
FY 2005-2006 on April 12, 2005 which outlined priorities for the expenditure of $3,524,802 in
mID entitlement funds. The State's SHIP program has allocated $3,092,210 to the County for
affordable housing development.
-
FISCAL IMPACT: This budget amendment will establish program budgets for four (4) mID
entitlement programs and the State SHIP program. Both programs operate simultaneously from
July 1,2005 through June 30, 2006. The total FY 2006 budget for the four (4) mID entitlement
programs is $3,524,802. The State SHIP allocation is $3,092,210. The FAR budget is as
follows:
Federal (HUD):
Community Development Block Grant (CDBG)
Home Investment Partnership Act (HOME)
American Dream Downpayment Initiative (ADD!)
Emergency Shelter Grant (ESG)
State Housing Initiative Partnership (SHIP)
TOTAL
$ 2,637,663.00
$ 762,220.00
$ 28,800.00
$ 96,119.00
$3.092.210.00
$6,617,012.00
State:
GROWTH MANAGEMENT IMP ACT: Approval of this Budget Amendment will fund the
Financial Administration and Housing Department and facilitate efforts to meet the goals, objectives and policies set forth in the Housing Element of the Growth Management Plan.
LEGAL CONSIDERATIONS: This request is internally consistent, complies with all
applicable laws and is legally sufficient for Board consideration and approval
,--..
Agenda Item No. 16A5
July 26,2005
Page 2 of 3
RECOMMENDATION: That the Board of County Commissioners approve the attached HUD
and SHIP Budget Amendments for July I, 2005 through June 30, 2006.
Prepared by: Susan Golden, Federal/State Grants Administration Manager
Financial Administration and Housing
Item Number
Item Summary
Meeting Date
Agenda Item No, 16A5
July 26,2005
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A5
Recommendation to approve a Budget Amendment recognizing the Fiscal Year 2006 U.S.
Department 01 Housing and Urban Development (HUD) entitlement funding. State Housing
Initiatives Partnership Program (SHIP) allocation and correspondIng budgets
7/26/20059:00,00 AM
Prepared By
717/20053:32:14 PM
SUSiAn Golden
Community OnVOIQpnlfmt &
Environmental ServicU:8
Oat.
FederaliStata Grants Admmlstration
Manager
Financial Admin. & Housing
Date
Approved By
Connac Giblin
Community Oelielopment &
Enyjronrmmtal Services
Huusing Development Manager
Financial Admin. & Housing
7/7120054:43 PM
Dat.
Approved By
Denton Baker
Communi1y Development &
Environmental Services
Financial Admin l\ Housing Director
Financial Admin. & HoUS.in9
7/8/20052:16 PM
Datil'
Approved By
Mark Isackson
County Manager'!. Office
Budg4rt Analyst
Office of M..nagement & Budget
7111/20059:07 AM
Oide
Approved By
Constance A. Jotltll;Otl
Community DavCtlopment &
Etlvironrnlmful Servit:es
Opemtions Anatyst
Community Developmenl &
EnvirolltrMntulSurvice,; Adrnln.
7/11/200612:06 PM
Date
Approved By
Sandt'i!l Lea
Community Development &
Environmental Sll'rvic.c&
ExeC\Jtive Secretary
Community Development &
Environmental Services Admin.
7/111200612:55 PM
Dat.
Approved By
Michael Smykows.ki
County Manager's Office
Management & Budget Director
Office ot Management & Budget
7/11(20051;07 PM
Date
Approved By
Jame~ V. Mudd
ao~rd of County
Commissioners
County M~lnuger
County Manager's Office
7/11/200.51:23 PM
Date
Approved By
JDseph l<. S...hrrdtt
Community Development &
Environm~ntal Services
Community Development &
Environmental Services Adminstrator
Community Development &
Environmental ServiclUc Admin.
7111120052:11 PM
Agenda Item No. 16A6
July 26, 2005
Page 1 of 4
.....-.
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Veronawalk Phase 38",
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 38", 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 38". 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 38" be
approved for recording.
FISCAL IMPACT:
The project cost is $2,726,134.66 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $1,298,489.33
- $1,427,645.33
The Security amount, equal to 110% of the
project cost, is $2,998,748.13
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: $83,234.04
~
Agenda Item No. 16A6
July 26, 2005
Fees are based on a construction estimate of $2,726,134.66 and were paRt~ 2 of 4
October, 2004.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5./ac) -$ 1,450.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ 9,738.67
c) Drainage,
Paving, Grading (.75% canst. est.) - $10,707.34
d) Construction Inspection Fee
Water &
Sewer (2.25% canst. est.) - $29,216.01
e) Drainage, Paving,
Grading(2.25%const.est.) - $32,122.02
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to the final
approval letter.
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
3B" for recording with the following stipulations:
1. Approve the amount of $2,998,748.13 as performance security for the required
improvements; or such lesser amount based on work completed, and as is approved by the
Engineering Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
r-
Item Number
ttem Summary
Meeting Oete
Agenda Item No, 16A6
July 26, 2005
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16M
Recommendation to approve for recording the final plat of ~Veronawalk Phase 3S-,
approval of the standard form ConslrucHon and Main~enance Agreement and approval of
~he amount or the performance security
7/26/20069:00,00 AM
Prepared By
Senior Englnelllf
71612005 1 :02:48 PM
John Houldsworth
Community Devll=loprnenl &
Environmental Services
Date
EngirlCeriulI Set'llir.es
Constan~e A, Johnson
Dale
Approved By
Community Developmont &
Environrrumtal Services
Operation$ AnalYJ.t
Community Oe,Yll'lopm(!'nl &
Envlrollfn~l\tul Sr.:rvlcu," Admirl.
7/8/20051:15 PM
Date
Approved By
Sandra Lea
Community Development &
Environmental SO'rvj~(!'s
Executive Secretary
Community Oevelopmant &
Environmenta' Servlce5 Admin.
1/6120051:26 PM
Stan Chrzanowski
Engineering Review Manager
Date
Approved By
Communi1y OeV~loJllnent'"
Environmen1al ServicII$
EnginoeritlU S~~",ieeiO
7/11/20051:24 PM
Approved By
Date
Jos.eph K. Schmrtt
Community Development &
Envinuune"tal SI~lVice'i
Community Development &
Environmental Services Adminstrator
CDmmunity Oe\llllopment &
Environnumtal S.rvices Admin.
7/11/20053:29 PM
OMS Coordinator
Administrative Anistant
Date
Approved By
County Managltt's Office
Office of M.nagernent & Budget
7/12120059:20 AM
Mark IS3ck5;on
Budget Analysot
Date
Approved By
County Manager's Office
Office of Management & Budget
7/121200511:0DAM
Michael Smykow!:Ski
Munagement & Budget Director
Dat(!'
Approved By
County Manage,'s Office
Office of Management & Budget
7;12120053:58 PM
James V. Mudd
County Manager
Date
Approved By
Board of County
Comrnissjoners
County Manager's Office
1/12/20056:41 PM
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Agenda Item No. 16A7
July 26, 2005
Page 1 of 62
-
EXECUTIVE SUMMARY
Recommendation to approve a Budget Amendment in the amount of $400,924 to recognize
and accept three (3) grant agreements from the U.S. Department of Housing and Urban
Development (BUD) for 2004 Continuum of Care funding and authorizing the Chairman
to sign the three grant agreements.
OBJECTIVE: To have the Board of County Commissioners (BCC) approve a Budget
Amendment and authorize the Chairman of the BCC to sign the three (3) HUD grant agreements
for 2004 Continuum of Care funding totaling $400,924.
CONSIDERATIONS: At the May 27, 2003 BCC meeting, the Board gave approval for the
County to become the Lead Agency and apply on behalf of the County's social service agencies
for the annual Continuum of Care Homeless Assistance (CoC) grant application to HUD. In July
2004, the County submitted a competitive grant application for $1,096,545 for five projects for
Continuum of Care (CoC) funding from HUD. In January 2005, the County was notified that
three of the five requests were conditionally funded. In the technical submission phase, St.
Matthew's House and the Hunger & Homeless Coalition provided the additional information
requested by HUD, which has resulted in the grant funding identified below.
,"-"
HUD has awarded three 2004 CoC grant agreements which will pass through the County's
Financial Administration and Housing Department. The funding award for St. Matthew's Wolfe
Apartments will continue to allow for supportive housing services for the formerly homeless.
HMIS is the HUD mandated Homeless Management Infonnation System that is currently
utilized by six local non-profit organizations. The three grants awarded are as follows:
FL14B40-6003 St Matthew'slWolfe Apartments
Administration
FL14B40-6002 HMIS Renewal
Administration
FL14B40-6004 HMIS Expansion
Administration
$141,394
$ 1,501
$146,080
$ 7,304 (split 50/50 w/County)
$ 99,662
$ 4,983 (split 50/50 w/County)
FISCAL IMPACTS: Based on an agreement between the Collier County Hunger & Homeless
Coalition and the County becoming the "lead agency", it was determined that the Continuum of
Care administration funds should be shared fifty-fifty between Collier County and the respective
agency receiving the grant funds. HUD regulations allow 5% of the total CoC funding for
administration and this can be shared by the non-profit organizations and the County to
administer the grant.
As the St Matthew'slWolfe administration allocation was only $1,501, staff recommends that
those funds remain with the agency to implement their operations at Wolfe Apartments. The
administrative funds for the implementation of the HMIS system will be allocated as follows:
.,,--
Agenda Item No. 16A7
July 26, 2005
Page 2 of 62
FL14B40-6004
$3,652 to HMIS/Hunger & Homeless Coalition
$3,652 to Collier County F AH for grant administration
$2492 to HMIS/Hunger & Homeless Coalition
$2491 to Collier County F AH for grant administration
FL 14B40-6002
GROWTH MANAGEMENT IMPACTS: There are no growth management impacts as a
result oftbis request.
LEGAL CONSIDERATIONS: This request is internally consistent, complies with all
applicable laws and is legally sufficient for Board consideration and approval.
RECOMMENDATION: That the Board of County Commissioners approve a Resolution
authorizing the Budget Amendment and authorizing the Chairman to sign the three HUD CoC
grant agreements.
Prepared by: Susan Golden, Federal/State Grants Administration Manager
Financial Administration and Housing
............
Item Number
Item Summary
Meeting Date
Agenda Item No 16A7
July 26, 2005
Page 3 of 62
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A7
Recommendation to approve a Budget Amendment in the amount of $.400,924 to
recogllize and accept three (3) grant agreementli from the U.S. Department of Housing
and Urban Development (HUD) for 2004 CDntlnuum Dr Care funding and authorizing the
Chairman 10 sign 1he three grant agreements
7126/20059:00,00 AM
Sus.an Golden
717120053:33:05 PM
Prepared By
Communtty Development &
Environmental Services
Oat.
Fedftr.lIsto1te Qranta. AdministratiDn
Manager
Fin..ncial Admin. & Haul-ing
Connac Giblin
Hou'8inu Oevelopment Manager
Date
Approved By
Community Development &
EnVironmental Servlce.os
Financial Admin. & Housing:
7n/2005 4:48 PM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Office
Office- 01 Management & Budget
7/8/2005 12:35 PM
Denton B.kIH
Finandal Admin & Hotlsil'\g Directot
0a1.
Approved By
Community Development &
EnVirDnmental Services
Financial Admin. & HOUSing
7/8/20054:17 PM
Constance A. Johnson
Date
Approved By
Community Ow'/r.lopment.&
Environmental Slttvices
Operations Analyst
Community OevelopmlUlt &
Envimnnlental Servi~s Admin.
1/11{2D0512:13 PM
Michael Smykowski
Management & Budget Director
Date
Approved By
County M"nage,'s Offi(:e
Office of MlIllllgefnent & Budget
7/11/200512:25 PM
Approved By
Sandra Lea
Community Development &
Environmental Services
Executive Secretary
Date
Community Development &
Environmental Services. Admin.
1f1112005 12:58 PM
Joseph K. Schmitt
Date
Approved By
Community Oeynlopmom &
Envimnlnento,1 SI~rvir.IH.
Community Development &
Ehvlronmehtal Services Adminstrator
Community Development &
Envimnmontal ServtCfl$ Adrnin.
7/111%006 %:09 PM
Jame$ V. Mudd
county Manager
Date
Approved By
Board of County
Commi5siont!lr5
County Manager's Office
1/18/2005.4:58 PM
Agenda Item No. 16A7
July 26. 2005
Page 4 of 62
RESOLUTION NO. 2005 -_
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, ACCEPTING THREE (3) CONTINUUM OF CARE GRANT
AWARDS FROM THE U.S. DEPARTMENT OF HOUSING & URBAN DEVEWPMENT
(HUD) TOTALLING $400,924 AND AUTIlORIZlNG THE CHAIRMAN TO SIGN THE
GRANT AGREEMENTS, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the United States Department of Housing and Urban Development
(HUD) has determined that three of the five applications for 2004 Continuum of Care
funding to assist the homeless should be awarded to Collier County; and
WHEREAS, two local nonprofit organizations have three 2004 Continuum of
Care pTOjects awarded totaling $400,924; and
WHEREAS, the general quality of life for many of the homeless individuals
and families within Collier County is substantially improved by the acceptance and
authorization of these grants;
NOW, THEREFORE BE IT RESOL YED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
1. The Board of County Commissioners of Collier County accepts three (3)
Consolidated Continuum of Care grants from the U.S. Department of
Housing & Urban Development (HUD) totaling $400,924 and authorizes
the chairman to sign the grant agreements on behalf of the county.
2. SEVERABILITY. If any section, sentence, clause or phrase of this
Resolution is held to be invalid or unconstitutional by any court of
competent jurisdiction, then said holding shall in no way affect the validity
of the remaining portions of this Resolution.
3. EFFECTIVE DATE. This Resolution shall become effective upon
adoption by a majority vote of the Board of County Commissioners.
This Resolution adopted this
of July 2005, after motion, second and
Page 1 of2
majority vote fil.voring same.
ATIEST:
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
Approved as to form and
legal sufficiency:
Patrick G. White
Assistant County Attorney
Agenda Item No. 16A7
July 26, 2005
Page 5 of 62
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Page 2 of2
FRED W. COYLE, CHAIRMAN
Agenda Item No. 16A 7
July 26, 2005
PagelJ of 62
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U.S. Department of Housing and Urban Development
Region IV, Miami Field Office
Brickell Plaza Federal Building
909 SE First Avenue, Rm. 500
Miami, FL. 33131-3042
2004 SUPPORTIVE HOUSING PROGRAM
RENEWAL GRANT AGREEMENT
This Grant Agreement is made by and between the United States Department of
Housing and Urban Development (HUD) and Collier County Board of County
Commissioners.2800 N. Horeshoe Drive Suifa 400. Naoles. FL 34104, the Recipient,
whose Tax 10 number is 59-6000558 for Project NumberFL 14B40~2IProject
Identifier Number FL 14121 to be located at 2001 A.mort Pullina Road South. Naoles.
FL 34112.
The assistance which is the subject of this Grant Agreement is authorized by the
McKinney-Vento Homeless Assistance Act 42 U.S.C. 11381 (hereafter "the Act"). The
term "granf or "grant funds" means the assistance provided under this Agreement. This
grant agreement will be governed by the Act, the Supportive Housing rule codified at 24
CFR 583, which is attached hereto and made a part hereof as Attachment A, and the
Notice of Funding Availability (NOFA) published May 14, 2004 at 69 FR 26942 and
27497. The term "Application" means the original and renewal application submissions
on the basis of which a Grant was approved by HUD, including the certifications and
assurances and any information or documentation required to meet any grant award
conditions. The Application is incorporated herein as part of this Agreement, however,
in the event of conflict between the provisions of those documents and any provision
contained herein, this Renewal Grant Agreement shall control. The Secretary agrees,
subject to the terms of the Grant Agreement, to provide the grant funds in the amount
specified below for the approved project described in the Application.
Although this agreement will become effective only upon the execution hereof by
both parties, upon execution, the term of this agreement shall run from the end of the
Recipient's final operating year under the original Grant Agreement for a periOd of one-
11) Year . Eligible costs, as defined by the Act and Attachment A, incurred between
the end of Recipient's final operating year under the original Grant Agreement and the
execution of this Renewal Grant Agreement may be paid with funds from the first
operating year of this Renewal Grant.
HUD's total fund obligation for this project is $153.384, allocated as follows:
1. Grant for Operating $..()_
2. Grant for Supportive Services $..()_
For more iflftJrnMtIon on HUO /H'OIJI'lIIRS snd wIuIt's new lilt HUO. visit HUO" Home PlIgB on the World
WIde Web st htlp:/Iwww.hud.govl
Agenda Item No. 16A7
July 26, 2005
Paget of 62
5. Grant for Administration
$-0-
$146.080
$7.304
3. Grant for Leasing
4. HMIS
The Recipient must provide a 25 percent cash match for supportive services
pursuant to HUO's FY 2004 Appropriations Act..
The Recipient agrees to comply with all requirements of this Grant Agreement
and to accept responsibility for such compliance by any entities to which it makes grant
funds available.
The Recipient agrees to participate in a local Homeless Management Information
System (HMIS) when implemented.
The Recipient and project sponsor, if any, will not knowingly allow illegal activities
in any unit assisted with grant funds.
HUD notifications to the Recipient shall be to the address of the Recipient as
written above, unless HUD is otherwise advised in writing. Recipient notifications to
HUO shall be to the HUO Field Office executing the Grant Agreement. No right, benefit,
or advantage of the Recipient hereunder be assigned without prior written approval of
HUD.
For any project funded by this grant which is also financed through the use of the
Low Income Housing Tax Credit, the following applies:
HUO recognizes that the Recipient or the project sponsor will or has
financed this project through the use of the Low-Income Housing Tax
Credit. The Recipient or project sponsor shall be the general partner of a
limited partnership formed for that purpose. If grant funds were used for
acquisition, rehabilitation or construction, then, throughout a period of
twenty years from the date of initial occupancy or the initial service
provision, the Recipient or project. sponsor shall continue as general
partner and shall ensure that the project is operated in accordance with
the requirements of this Grant Agreement, the applicable regulations and
statutes. Further, the said limited partnership shall own the project site
throughout that twenty year period. If grant funds were not used for
acquisition, rehabilitation or new construction, then the period shall not be
twenty years, but shall be for the term of the grant agreement and any
renewal thereof. Failure to comply with the terms of this paragraph shall
constitute a default under the Grant Agreement.
A default shall consist of any use of grant funds for a purpose other than as
authorized by this Grant Agreement, failure in the Recipient's duty to provide the
supportive housing for the minimum term in accordance with the requirements of
For more Informlltlon on HUO progI"lImtIlInd whllt's new lit HUO, visit HUO's Home Page on the World
Wide Web lit http://www.hud.govl
Agenda Item No. 16A 7
July 26,2005
Page jl of 62
Attachment A, noncompliance with the Act or Attachment A provisions, any other
material breach of the Grant Agreement, or misrepresentations in the application
submissions which, if known by HUD, would have resulted in this grant not being
provided. Upon due notice to the Recipient of the occurrence of any such default and
the provision of a reasonable opportunity to respond, HUD may take one or more of the
following actions:
(a) direct the Recipient to submit progress schedules for completing approved
activities; or
(b) issue a letter of warning advising the Recipient of the default, establishing
a date by which corrective actions must be completed and putting the
Recipient on notice that more serious actions will be taken if the default is
not corrected or is repeated; or
(c) direct the Recipient to establish and maintain a management plan that
assigns responsibilities for carrying out remedial actions; or
(d) direct the Recipient to suspend, discontinue or not incur costs for the
affected activity; or
(e) reduce or recapture the grant; or
(f) direct the Recipient to reimburse the program accounts for costs
inappropriately charged to the program; or
(g) continue the grant with a substitute recipient of HUD's choosing; or
(h) other appropriate action including, but not limited to, any remedial action
legally available, such as affirmative litigation seeking declaratory
judgment, specific performance, damages, temporary or permanent
injunctions and any other available remedies.
No delay or omission by HUD in exercising any right or remedy available to it
under this Grant Agreement shall impair any such right or remedy or constitute a waiver
or acquiescence in any Recipient default.
For each operating year in which funding is received, the Recipient shall file
annual certifications with HUD that the supportive housing has been provided in
accordance with the requirements of the Grant Agreement.
This Grant Agreement constitutes the entire agreement between the parties
hereto, and may be amended only in writing executed by HUD and the Recipient. More
specifically, the Recipient shall not change recipients, location, services, or population
to be served nor shift more than 10 percent of funds from one approved type of activity
to another, or make any other significant change, without the prior written approval of
HUD.
For more Informstlon on HUD programs IUId whllt's new lit HUD. visit HUD's Home Pllf/e on the World
Wide Web lit http://www.hud.gov/
Agenda Item No. 16A 7
July 26, 2005
Page.@ of 62
SIGNATURES
This Grant Agreement is hereby executed as follows:
UNITED STATES OF AMERICA
Secretary of Housing and Urban Development
By:
Signature and Date
Maria R. Ortiz-Hill
Typed name of signatory
Director. Community Plannina and Develooment. Division
Title
RECIPIENT
Collier County Board of County Commissioners
Name of Organization
By:
Authorized Signature and Date
Typed name of signatory
Title
Susan Golden. 239-213-2901 Fax 239-403-2331
Official Contact Person and Telephone No. and Fax No.
~~_8n:
Assistant . . y /J\ may
For more informstlon on HUO progrlltnB snd whllt's new lit HUO, v/slt HUO's Home Pstpl on the World
Wlds Web lit http://www.hud.gov/
Agenda Item No. 16A7
July 26, 2005
Page 10 of 62
A -r T AC \-( MeN T """",.
'"",, 2.00 4 "'LcJA.l~O'S
PART 583-SUPPORTIVE HOUSING
PROGRAM
Ole. of Asst. Secy.. Comm. Planning, Develop.. HUD 5583.5
Subpart A-General
Sec.
583.1 Purpose and scope,
583.5 Definitions.
Subpart B-Asslstance Pravided
583.100 Types and uses of assistance.
583.105 Grants for acquisition and rehabili-
tation.
583.110 Grants for new construction.
583.115 Grants for leasing.
583,120 Grants for supportive service costs.
583.125 Grants for operating costs.
583.130 Commitment of grant amounts for
leasing. suppon:ive services. and oper.
atlng costs.
583.135 Administrative costs,
583,140 Technical assistance.
583.145 Matching requirements.
583.150 Limitations on use of assistance.
583.155 Consolidated plan,
SUbpart C-Applicatlon and Grant Award
Process
583.200 Application and grant award.
583.230 Environmental review.
583.235 Renewal grants.
Subpart D-Progrcm Requiremenf$
583.300 General operation.
583.305 Term of commitment: repayment of
grants; prevention of undue benefits.
583.310 Displacement. relocation. and acqul.
sl tlon.
583.315 Resident rent.
583.320 Site control.
583.325 Nondiscrimination and equal oppor-
tunity requirements.
583.330 Applicability of other Federal re-
quirements.
Subpart E-Admlnlstrallon
583.400 Grant agreement.
583.405 Program changes.
583.410 Obligation and deobllgatlon of funds.
AUTHORITY: 42 U.SL 11389 and 3535(d).
SOURCE: 58 FR 13871. Mar. 15. 1993, unless
otherwise noted.
Subpart A-General
U88.1 Purpose and scope.
(a) General. The Supportive Housing
Pmgram is authorized by title IV of
the Stewart B. McKinney Homeless As-
sistance Act (the McKinney Act) (42
U.S.C. 11381-11389). The Supportive
Housing program is designed to pm-
mote the development of supportive
housing and supportive services. in-
cluding innovative approaches to assist
homeless persons in the transition
from homelessness. and to promote the
provision of supportive housing to
homeless persons to enable them to
live as independently as possible.
(b) Components. Funds under this part
may be used for:
(1) Transitional housing to facilitate
the movement of homeless individuals
and families to permanent housing:
(2) Permanent housing that provides
long-term housing for homeless persons
with disabllities;
(3) Housing that is. or is part of. a
particularly innovative project for. or
alternative methods of. meeting the
Immediate and long-term needs of
homeless persons; or
(4) Supportive services for homeless
persons not provided in conjunction
with supportive housing.
[58 FR 13871. Mar. 15. 1993, as amended at 61
FR 51175, Sept. 30, 1996J
fi 583.5 DefinitioD8.
As used in this part:
Applicant is defined in section 422(1)
of the McKinney Act (42 U.S.C.
11382(1)). For purposes of this defini-
tion. governmental entities include
those that have general governmental
powers (such as a city or county). as
well as those that have limited or spe-
cial powers (such as public housing
agencies) .
Consolidated plan means the plan that
a Jurisdiction prepares and submits to
HUn in accordance with 24 CFR part
91.
Date of Initial occupancy means the
date that the supportive housing is ini-
tially occupied by a homeless person
for whom HUn provides assistance
under this part. If the assistance is for
an existing homeless facility. the date
of initial occupancy is the date that
services are first provided to the resi-
dents of supportive housing with fund-
ing under this part.
Date of initial service provision means
the date that supportive services are
initially provided with funds under this
part to homeless persons who do not
reside in supportive housing. This defi-
nition applies only to projects funded
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55&3.100
under this part that do not provide sup-
portl ve housing.
DJsablJJty is defined In section 422(2)
of the McKinney Act (42 U.S.C.
11382(2)).
Homeless person means an Individual
or famlly that is described in section
103 of the McKinney Act (42 U.S.C.
11302) .
Metropolitan dty is defined in section
102(a)(4) of the Housing and Commu-
nity Development Act of 1974 (42 U.S.C.
5302(a)(4)). In general. metropolitan cit-
ies are those cities that are eligible for
an entitlement grant under 24 CFR
part 570. subpart D.
New construction means the building
of a stn.lcture where none existed or an
addition to an existing structure that
increases the floor area by more than
100 percent.
Operating costs is defined In section
422(5) of the McKinney Act (42 U.S.C.
11382(5)) .
Outpatient health services 15 defined in
section 422(6) of the McKinney Act (42
U.S.C. 11382(6)).
Pennanent housing for homeless persons
with disabilities is defined In section
424(c) of the McKinney Act (42 U.S.C.
11384(c)) .
Private nonprofit organization is de-
fined in section 422(7) (A). (B). and (D)
of the McKinney Act (42 U.S.C. 11382(7)
(A). (B). and (D)). The organization
must also have a functioning account-
ing system that is operated in accord-
ance with generally accepted account-
ing principles. or designate an entity
that will maintain a functioning ac-
counting system for the organization
in accordance with generally accepted
accounting principles.
Prqject is defined in sections 422(8)
and 424{d) of the McKinney Act (42
U.S.C. 11382(8), 11384 (d)).
Recipient Is defined in section 422(9) of
the McKinney Act (42 U.S.C. 11382(9)).
Rehabl1Jtation means the Improve-
ment or repair of an existing structure
or an addition to an existing stn.lcture
that does not increase the floor area by
more than 100 percent. Rehabilitation
does not Include minor or routine re-
pairs.
Scate Is defined in section 422(11) of
the McKinney Act (42 U.S,C. 11382(11)).
Agenda Item No. 16A7
July 26, 2005
Page 11 of 62
24 CFR Ch. V (4-1-04 Edition)
Supportive housing is defined In sec-
tion 424(a) of the McKinney Act (42
U.S.C. 11384(a)).
Supportive services 15 defined In sec-
tion 425 of the McKinney Act (42 U.S.C.
11385) .
Transitional housing is defined in sec-
tion 424(b) of the McKinney Act (42
U.S.C. 11384(b)). See also S583.3000).
Tribe Is defined in section 102 of the
Housing and Community Development
Act of 1974 (42 U.S.C. 5302).
Urban county is defined in section
102 (a)(6) of the Housing and Commu-
nity Development Act of 1974 (42 U.S.C.
5302(a)(6)). In general. urban counties
are those counties that are eligible for
an entitlement grant under 24 CFR
part 570, subpart D.
(61 F'R 51175. Sept. 30. 1996)
Subpart B-Asslstance Provided
t 683.100 Type. and uses of 88si8tance.
(a) Grant assistance. Assistance In the
form of grants is available for acquisi-
tion of structures. rehabllitation of
structures. acquisition and rehabilita-
tion of structures. new construction,
leasing. operating costs for supportive
housing. and supportive services. as de-
scribed in SS583.105 through 583.125. Ap-
plicants may apply for more than one
type of assistance.
(b) Uses of grant assistance. Grant as-
sistance may be used to:
(1) Establish new supportive housing
facilities or new facilities to provide
supportive services;
(2) Expand existing facilities in order
to increase the number of homeless
persons served;
(3) Bring existing facilities up to a
level that meets State and local gov-
ernment health and safety standards:
(4) Provide additional supportive
services for residents of supportive
housing or for homeless persons not re-
siding In supportive housing:
(5) Purchase HUD-owned single fam-
lly properties currently leased by the
applicant for use as a homeless facility
under 24 CFR part 291: and
(6) Continue funding supportive hous-
ing where the recipient has received
funding under this part for leasing.
supportive services. or operating costs.
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Agenda Item No. 16A7
July 26, 2005
Page 12 of 62
Ore. of Asst. Seey., Comm. Planning, Develop., HUD
(c) Structures used for multiple pur-
poses. Structures used to provide sup-
portive housing or supportive services
may also be used for other purposes.
except that assistance under this part
will be available only In proportion to
the use of the structure for supportive
housing or supportive services.
(d) Technical assistance. HUD may
offer technical assistance. as described
in !i583.140.
[58 FR 13871. Mar. 15. 1993. as amended at 59
FR 361191. July 19. 1994]
A 583.105 Grants for acquisition and
rehabilitation.
(a) Use. HUD will grant funds to re-
cipients to:
(1) Pay a portion of the cost of the
acquisition of real property selected by
the recipients for use in the provision
of supportive housing or supportive
services, including the repayment of
any outstanding debt on a loan made
to purchase property that has not been
used previously as supportive housing
or for supportive services;
(Z) Pay a portion of the cost of reha-
bilitation of structures. including cost-
effective energy measures, selected by
the recipients to provide supportive
housing or supportive services; or
(3) Pay a portion of the cost of acqui-
sition and rehablHtation of structures,
as described in paragraphs (a)(1) and (Z)
of this section.
(b) AmoW1t. The maximum grant
available for acquisition, rehabilita-
tion, or acquisition and rehabilitation
is the lower of:
(1) $200.000; or
(Z) The total cost of the acquisition,
rehabLlitation. or acquisition and reha-
blUtatlon minus the applicant's con-
tribution toward the cost.
(c) Increased amounts. In areas deter-
mined by HUD to have high acquisition
and rehabllltatlon costs, grants of
more than $200.000, but not more than
$400,000. may be available.
t 683.110 Grants for new construction.
(a) Use. HUD will grant funds to re-
cipients to pay a portion of the cost of
new construction, including cost-effec-
tive energy measures and the cost of
land associated with that construction,
for use in the provision of supportive
housing. If the grant funds are used for
1583.115
new construction, the applicant must
demonstrate that the costs associated
with new construction are substan-
tially less than the costs associated
with rehabilitation or that there is a
lack of available appropriate units that
could be rehabilitated at a cost less
than new construction. For purposes of
this cost comparison. costs associated
with rehabilitation or new construc-
tion may include the cost of real prop-
erty acquisition_
(b) Amount. The maximum grant
available for new construction is the
lower of:
(1) $400.000; or
(2) The total cost of the new con-
struction, including the cost of land as-
sociated with that construction, minus
the applicant's contribution toward the
cost of same,
! 588.115 Grants fOl" leasing.
(a) General. HUD will provide grants
to pay (as described in !i583.13O of this
part) for the actual costs of leasing a
structure or structures. or portions
thereof. used to provide supportive
housing or supportive services for up to
five years.
(b)(l) Leasing structures. Where grants
are used to pay rent for all or part of
structures, the rent paid must be rea-
sonable In relation to rents being
charged in the area for comparable
space. In addition. the rent paid may
not exceed rents currently being
charged by the same owner for com-
parable space.
(Z) Leasing individual units. Where
grants are used to pay rent for indi-
vidual housing units, the rent paid
must be reasonable in relation to rents
being charged for comparable units.
taking Into account the location, size.
type. quality. amenities. facilities, and
management services. In addition. the
rents may not exceed rents currently
being charged by the same owner for
comparable unassisted units, and the
portion of rents paid with grant funds
may not exceed HUD-determined fair
market rents. Recipients may use
grant funds In an amount up to one
month's rent to pay the non-recipient
landlord for any damages to leased
units by homeless participants.
[58 FR 13871, Mar. 15. 1993, as amended at 59
FR 36891. July 19, 1994)
249
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1583.120
Ii 583.120 Grants (or supportive serv-
ices costs.
(a) General. HUD will provide grants
to pay (as described In S 583.130 of this
part) for the actual costs of supportive
services for homeless persons for up to
five years. All or part of the supportive
services may be provided directly by
the recipient or by arrangement with
public or private service providers.
(b) Supportive service:J costs. Costs as-
sociated with providing supportive
services include salaries paid to pro-
viders of supportive services and any
other costs directly associated with
providing such services. For a transi-
tional housing project, supportive serv-
Ices costs also Include the costs of serv-
ices provided to former residents of
transitional housing to assist their ad-
Justment to Independent living. Such
services may be provided for up to six
months after they leave the transi-
tional housing facility.
[58 FR 131l71. Mar. IS. 1993. as amended at 59
FR 36891. July 19. 1994J
Ii 583.125 Grants for operating costs.
(a) General. HUD will provide grants
to pay a portion (as described in
S 583.130) of the actual operating costs
of supportive housing for up to five
years.
(b) Operating costs. Operating costs
are those associated with the day-to-
day operation of the supportive hous-
ing. They also Include the actual ex-
penses that a recipient incurs for con-
ducting on-going assessments of the
supportive services needed by residents
and the availability of such services;
relocation assistance under 5583.310. in-
cluding payments and services; and in-
surance.
(e) Recipient match requirement for op-
erating costs. Assistance for operating
costs will be available for up to 75 per-
cent of the total cost in each year of
the grant term. The recipient must pay
the percentage of the actual operating
costs not funded by HUD. At the end of
each operating year. the recipient must
demonstrate that It has met its match
requirement of the costs for that year.
[58 FR 13871. Mar. IS. 1993, as amended at 61
FR 51175, Sept. 30. 1996; 65 FR 30823. May 12.
2000]
Agenda Item No. 16A7
July 26, 2005
Page 13 of62
24 CFR Ch. V (4- H)4 Edition)
1583.130 Commitment of grant
amounts for leasing, supportive
services, and operating COllt..
Upon execution of a grant agreement
covering assistance for leasing. sup-
portive services. or operating costs.
HUD will obligate amounts for a period
not to exceed five operating years. The
total amount obligated will be equal to
an amount necessary for the specified
years of operation. less the reciplent's
share of operating costs.
(Approved by the Office of Management and
Budget under OMB control number 250~1I2)
(59 FR 36891. July 19, 19941
1583.135 Administrative cost..
(a) General. Up to five percent of any
grant awarded under this part may be
used for the purpose of paying costs of
administering the assistance.
(b) Administrative costs. Administra-
tive costs Include the costs associated
with accounting for the use of grant
funds. preparing reports for submission
to HUD. obtaining program audits.
simllar costs related to administering
the grant after the award, and staff sal-
aries associated with these administra-
tive costs. They do not include the
costs of carrying out eligible activities
under 55583.105 through 583.i25.
(58 FR 131171. Mar. IS. 1993. as amended at 61
FR 51175. Sept. 30. 19961
t 583.140 TechDicallUlllIstance.
(a) General. HUD may set aside funds
annually to provide technical assist-
ance. either directly by HUD staff or
Indirectly through third-party pro-
viders, for any supportive housIng
project. This technical assistance Is for
the purpose of promoting the develop-
ment of supportive housing and sup-
portive services as part of a continuum
of care approach. Including Innovative
approaches to assist homeless persons
In the transition from homelessness.
and promoting the provision of sup-
portive housing to homeless persons to
enable them to live as independently as
possible.
(b) USe:J of technical assistance. HUD
may use these funds to provide tech-
nical assistance to prospective appli-
cants. applicants, recipients, or other
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Agenda Item No. 16A7
July 26, 2005
Page 14 of 62
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD
providers of supportive housing or serv-
ices for homeless persons, for sup-
portive housing projects. The assist-
ance may include, but Is not limited to.
written Information such as papers,
monographs, manuals, guides. and bro-
chures; person-to-person exchanges:
and training and related costs,
(c) Selection of providers. From time
to time, as HUD determines the need.
HUD may advertise and competitively
select providers to deliver technical as-
sistance. HUD may enter into con-
tracts. grants. or cooperative agree-
ments, when necessary, to implement
the technical assistance.
159 FR 36892, July 19, 19941
~ 583.145 Matching requirements.
(a) General. The recipient must
match the funds provided by HUD for
grants for acquisition. rehabilitation.
and new construction with an equal
amount of funds from other sources.
(b) Cash resources. The matching
funds must be cash resources provided
to the project by one or more of the
following: the recipient, the Federal
government, State and local govern-
ments, and private resources.
(c) Maintenance of effort. State or
local government funds used In the
matching contribution are subject to
the maintenance of effort requirements
described at S583.l50(a),
~583.150 Limitations on U8e of assist-
ance.
(a) Maintenance of effort. No assist-
ance provided under this part (or any
State or local government funds used
to supplement this assistance) may be
used to replace State or local funds
previously used, or designated for use,
to assist homeless persons.
(b) Falth-based act/vWes. (1) Organiza-
tions that are religious or faith-based
are eligible, on the same basis as any
other organization, to participate in
the Supportive Housing Program, Nei-
ther the Federal government nor a
State or local government receiving
funds under Supportive Housing pro-
grams shall discriminate against an or-
ganization on the basis of the organiza-
tion's religious character or affiliation.
(2) Organizations that are directly
funded under the Supportive Housing
Program may not engage in inherently
5583.150
religious activities, such as worship,
religious Instruction, or proselytiza-
tion as part of the programs or services
funded under this part. If an organiza-
tion conducts such activities, the ac-
tivities must be offered separately. in
time or iocation, from the programs or
services funded under this part, and
participation must be voluntary for the
beneficiaries of the HUD-funded pro-
grams or services.
(3) A religious organization that par-
ticipates In the Supportive Housing
Program will retain its independence
from Federal. State, and local govern-
ments. and may continue to carry out
Its mission. Including the definition.
practice, and expression of its religious
beliefs. provided that It does not use di-
rect Supportive Housing Program
funds to support any Inherently reli-
gious activities. such as worship. reli-
gious Instruction. or proselytlzation.
Among other things. faith-based orga-
nizations may use space In their facilt-
ties to provide Supportive Housing
Program-funded services. without re-
moving religious art, icons, scriptl,lres,
or other religious symbols. In addition.
a Supportive Housing Program-funded
religious organization retains its au-
thority over Its internal governance,
and It may retain religious terms in its
organization's name. select its board
members on a religious basis, and in-
clude religious references In its organi-
zation's mission statements and other
governing documents.
(4) An organization that participates
In the Supportive Housing Program
shall not, In providing program assist-
ance, discriminate against a program
beneficiary or prospective program
beneficiary on the basis of religion or
religious belief.
(5) Program funds may not be used
for the acquisition, construction, or re-
habilitation of structures to the extent
that those structures are used for in.
herently religious activities. Program
funds may be used for the acquisition,
construction, or rehabilitation of
structures only to the extent that
those structures are used for con-
ducting eligible activities under this
part. Where a structure is used for both
eligible and Inherently religious activi-
ties. program funds may not exceed the
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5583.155
cost of those portions of the acquisi-
tion. construction. or rehabilitation
that are attributable to eligible activi-
ties in accordance with the cost ac-
counting requirements applicable to
Supportive Housing Program funds in
this part. Sanctuaries, chapels. or
other rooms that a Supportive Housing
Program-funded religious congregation
uses as its principal place of worship.
however, are ineligible for Supportive
Housing Program-funded improve-
ments. Disposition of real property
after the term of the grant. or any
change in use of the property during
the term of the grant. is subject to gov-
ernment-wide regulations goveming
real property disposition (see 24 CFR
parts 84 and 85).
(6) If a State or locai govemment vol-
untarUy contributes its own funds to
supplement federally funded activities,
the State or local govemment has the
option to segregate the Federal funds
or commingle them. However, If the
funds are commingied, this section ap-
plies to all of the commingled funds.
(c) Participant control of site. Where an
applicant does not propose to have con-
trol of a site or sites but rather pro-
poses to assist a homeless famUy or in-
dividual in obtaining a lease. which
may include assistance with rent pay-
ments and receiving supportive serv-
ices, after which time the family or in-
dividual remains in the same housing
without further assistance under this
part. that applicant may not request
assistance for acquisition, rehabilita-
tion, or new construction.
[58 FR 13871. Mar. IS, 1993, as amended at 59
FR 36l192. July 19. 1993; 68 FR 56407, Sept. 30,
20031
1583.165 Consolidated plan.
(a) Applicants that are States or units
of general local government. The appli-
cant must have a HUD-approved com-
plete or abbreviated consolidated plan,
in accordance with 24 CFR part 91. and
must submit a certification that the
application for funding is consistent
with the HUD-approved consolidated
plan. Funded appllcants must certify in
a grant agreement that they are fol-
lowing the HUD-approved consolidated
plan.
(b) Applicants that are not States or
units of general local government. The
Agenda Item No. 16A7
July 26, 2005
Page 15 of 62
24 CFR Ch. V (4-1-04 Edition)
applicant must submit a certification
by the jurisdiction in which the pro-
posed project wUl be located that the
applicant's application for funding is
consistent with thejurisdlction's HUD-
approved consolidated pian. The cer-
tification must be made by the unit of
general local government or the State,
in accordance with the consistency cer-
tification provisions of the consoli-
dated plan regulations, 24 CFR part 91.
subpart F.
(c) Indian tribes and the Insular Areas
of Guam. the U.S. VIrgin Islands, Amer-
ican Samoa. and the Northern Mariana
Islands. These entities are not required
to have a consolidated plan or to make
consolidated pian certifications. An ap-
plication by an Indian tribe or other
applicant for a project that wlll be lo-
cated on a reservation of an Indian
tribe will not require a certification by
the tribe or the State. However. where
an Indian tribe is the applicant for a
project that will not be located on a
reservation. the requirement for a cer-
tification under paragraph (b) of this
section will appiy.
(d) Timing of consolidated plan cert1f1-
caUon submissions. Unless otherwise set
forth in the NOF A. the required certifi-
cation that the application for funding
is consistent with the HUD-approved
consolidated plan must be submitted
by the funding appllcation submission
deadline announced in the NOFA.
[60 FR 16380. Mar. 30,19951
Subpart C-Applicatlon and Grant
Award Process
1583.200 Application and grant award.
When funds are made available for
assistance. HUD wlll publish a notice
of funding availability (NOF A) in the
FEDERAL RECISTER. in accordance with
the requirements of 24 CFR part 4. HUD
wlll review and screen applications In
accordance with the requirements in
section 426 of the McKinney Act (42
U.S.C. 11386) and the guidellnes. rating
criteria. and procedures published in
the NOFA.
[61 FR 51176. Sept. 30. 1996J
1583.230 Environmentall'eview.
(a) Activities under this part are sub-
ject to HUD environmental regulations
252
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Agenda Item No. 16A7
July 26, 2005
Page 16 of 62
orc. of Asst. Secy., Comm. Planning, Develop., HUD
in part 58 of this title. except that HUD
will perform an environmental review
in accordance with part 50 of this title
prior to its approval of any condi-
tionally selected applications for Fis-
cal Year 2000 and prior years that were
received directly from private non-
profit entities and governmental enti-
ties with special or limited purpose
powers. For activities under a grant
that generally would be subject to re-
view under part 58. HUD may make a
finding in accordance with SS8.1I (d) and
may itself perform the environmental
review under the provisions of part 50
of this title if the recipient objects In
writing to the responsible entity's per-
forming the review under part 58. Irre-
spective of whether the responsible en-
tity in accord with part 58 (or HUD in
accord with part 50) performs the envi-
ronmental review. the recipient shall
supply all available. relevant Informa-
tion necessary for the responsible enti-
ty (or HUD. if applicable) to perform
for each property any environmental
review required by this part. The re-
cipient also shall carry out mitigating
measures required by the responsible
entity (or HUD. If applicable) or select
alternate eligible property. HUD may
eliminate from consideration any ap-
plication that would require an Envi-
ronmental Impact Statement (EIS).
(b) The recipient. Its project partners
and their contractors may not acquire.
rehabilitate. convert. lease. repair, dis-
pose of. demolish or construct property
for a project under this part, or com-
mit or expend HUD or local funds for
such eligible activities under this part.
until the responsible entity (as defined
in S 58.2 of this title) has completed the
environmental review procedures re-
quired by part 58 and the environ-
mental certification and RROF have
been approved or HUD has performed
an environmental review under part 50
and the recipient has received HUD ap-
proval of the property. HUD w1l1 not
release grant funds if the recipient or
any other party commits grant funds
(J.e.. incurs any costs or expenditures
to be paid or reimbursed with such
funds) before the recipient submits and
HUD approves its RROF (where such
submission is required).
[68 FR 56131. Sept, 29. 2003)
5583.235
t 583.235 Renewal grants.
(a) General. Grants made under this
part. and grants made under subtitles
C and D (the Supportive Housing Dem-
onstration and SAFAH. respectively) of
the Stewart B. McKinney Homeless As-
sistance Act as in effect before October
28, 1992, may be renewed on a non-
competitive basis to continue ongoing
leasing, operations. and supportive
services for additional years beyond
the Initial funding period. To be con-
sidered for renewal funding for leasing.
operating costs. or supportive services,
recipients must submit a request for
such funding in the form specified by
HUD, must meet the requirements of
this part. and must submit requests
within the time period established by
HUD.
(b) Ass/stance available. The first re-
newal will be for a period of time not
to exceed the difference between the
end of the Initial funding period and
ten years from the date of Initial occu-
pancy or the date of Initial service pro-
vision, as applicable. Any subsequent
renewal will be for a period of time not
to exceed five years. Assistance during
each year of the renewalperlod, sub-
Ject to maintenance of effort require-
ments under S 583. ISO(a) may be for:
(1) Up to SO percent of the actual op-
erating and leasing costs in the final
year of the initial funding period;
(2) Up to the amount of HUD assist-
ance for supportive services in the final
year of the initial funding period; and
(3) An allowance for cost Increases.
(c) HUD review. (1) HUD will review
the request for renewal and will evalu-
ate the recipient's performance in pre-
vious years against the plans and goals
established in the initial application
for assistance, as amended. HUD will
approve the request for renewal unless
the recipient proposes to serve a popu-
lation that is not homeless, or the re-
cipient has not shown adequate
progress as evidenced by an unaccept-
ably slow expenditure of funds, or the
recipient has been unsuccessful in as-
sisting participants In achieving and
maintaining independent living. In de-
termining the recipient's success in as-
sisting participants to achieve and
maintain independent living. consider-
ation will be given to the level and
type of problems of participants. For
253
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S 583.300
recipients with a poor record of suc-
cess, HUD will also consider the recipi-
ent's willingness to accept technical
assistance and to make changes sug-
gested by technicai assistance pro-
viders. Other factors which will affect
HUD's decision to approve a renewal
request include the following: a con-
tinuing history of inadequate financial
management accounting practices, in-
dications of mismanagement on the
part of the recipient, a drastic reduc-
tion in the population served by the re-
cipient, program changes made by the
recipient without prior HUD approval.
and loss of project sl te.
(2) HUD reserves the right to reject a
request from any organization with an
outstanding obligation to HUD that Is
In arrears or for which a payment
schedule has not been agreed to, or
whose response to an audit finding is
overdue or unsatisfactory.
(3) HUD will notify the recipient in
writing that the request has been ap-
proved or disapproved.
(Approved by the Office of Management and,
Budget under control number 2506-0112)
SUbpart D-Program Requirements
f 583.300 General operation.
(a) State and local requirements. Each
recipient of assistance under this part
must provide housing or services that
are In compliance with all applicable
State and local housing codes, licens-
ing requirements, and any other re-
quirements in the jurisdiction in which
the project is located regarding the
condition of the structure and the op-
eration of the housing or services.
(b) Habitability standards. Except for
such variations as are proposed by the
recipient and approved by HUD, sup-
portive housing must meet the fol-
lowing requirements:
(1) Structure and materials. The struc-
tures must be structurally sound so as
not to pose any threat to the health
and safety of the occupants and so as
to protect the residents from the ele-
ments.
(2) Access. The housing must be acces-
sible and capable of being utilized
without unauthorized use of other pri-
vate properties. Structures must pro-
vide alternate means of egress in case
of flre.
Agenda Item No. 16A7
July 26, 2005
Page 17 of 62
24 CFR Ch. V (4-1-04 Edition)
(3) Space and security. Each resident
must be afforded adequate space and
security for themselves and their be-
longings. Each resident must be pro-
vided an acceptable place to sleep.
(4) Interior air quality. Every room or
space must be provided with natural or
mechanical ventilation. Structures
must be free of pollutants in the air at
levels that threaten the health of resi-
dents.
(5) Water supply. The water supply
must be free from contamination.
(6) Sanitary facillUes. Residents must
have access to sufficient sanitary fa-
cilities that are in proper operating
condition, may be used In privacy. and
are adequate for personal cleanliness
and the disposal of human waste.
(7) Thermal environment. The housing
must have adequate heating and/or
cooling facilities in proper operating
condition.
(8) Illumination and electricity. The
housing must have adequate natural or
artificial illumination to permit nor-
mal indoor activities and to support
the health and safety of residents. Suf-
ficient electrical sources must be pro-
vided to permit use of essential elec-
trical appliances while assuring safety
from fire.
(9) Food preparation and refuse dis-
posal. All food preparation areas must
contain suitable space and equipment
to store, prepare, and serve food in a
sanitary manner.
(10) Sanitary condition. The housing
and any equipment must be maintained
in sanitary condition.
(11) Fire safety. (i) Each unit must in-
clude at least one battery-operated or
hard-wired smoke detector. in proper
working condition. on each occupied
level of the unit. Smoke detectors
must be located, to the extent prac-
ticable, in a hallway adjacent to a bed-
room. If the unit is occupied by hear-
Ing-impaired persons. smoke detectors
must have an alarm system designed
for hearing-impaired persons in each
bedroom occupied by a hearing-Im-
paired person.
(iI) The public areas of all housing
must be equipped with a sufficient
number, but not less than one for each
area, of battery-operated or hard-wired
smoke detectors, Public areas Include.
but are not limited to, laundry rooms,
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Agenda Item No. 16A 7
July 26, 2005
Page 18 of 62
ate. 0' Asst. Secy., Comm. Planning, Develop., HUD
community rooms. day care centers.
hallways. stairwells, and other com-
mon areas.
(c) Meals. Each recipient of assist-
ance under this part who provides sup-
portive housing for homeless persons
with disabilities must provide meals or
meal preparation facilities for resi-
dents.
(d) Ongoing assessment of supportive
services. Each recipient of assistance
under this part must conduct an ongo-
ing assessment of the supportive serv-
Ices required by the residents of the
project and the availability of such
services. and make adjustments as ap-
propriate.
(e) Residential supervision. Each re-
cipient of assistance under this part
must provide residential supervision as
necessary to facilitate the adequate
provision of supportive services to the
residents of the housing throughout
the term of the commitment to operate
supportive housing. Residential super-
vision may include the employment of
a full- or part-time residential super-
visor with sufficient knowledge to pro-
vide or to supervise the provision of
supportive services to the residents.
(f) Participation of homeless persons. (1)
Each recipient must provide for the
participation of homeless persons as re-
quired In section 426(g) of the McKin-
ney Act (42 U.S.C. 11386(g)). This re-
quirement Is waived If an applicant Is
unable to meet It and presents a plan
for HUn approval to othetwlse consult
with homeless or formerly homeless
persons in considering and making
policies and decisions. See also
S 583.330(e).
(2) Each recipient of assistance under
this part must, to the maximum extent
practicable. Involve homeless individ-
uals and families. through employ-
ment, volunteer services. or otherwise,
In constructing. rehabilitating, main-
taining. and operating the project and
In providing supportive services for the
project.
(g) Records and reports. Each recipient
of assistance under this part must keep
any records and make any reports (in-
cluding those pertaining to race, eth-
nicity. gender, and disabtlity status
data) that HUD may require within the
timeframe required.
5583.300
(h) ConfldentlaIlty. Each recipient
that provides family violence preven-
tion or treatment services must de-
velop and implement procedures to en-
sure:
(1) The confidentiality of records per-
taining to any Individual services; and
(2) That the address or location of
any project assisted will not be made
public, except with written authoriza-
tion of the person or persons respon-
sible for the operation of the project.
(i) Termination of housing assistance.
The recipient may terminate assist-
ance to a participant who violates pro-
gram requirements. Recipients should
terminate assistance only In the most
severe cases. Recipients may resume
assistance to a participant whose as-
sistance was previously terminated. In
terminating assistance to a partici-
pant, the recipient must provide a for-
mal process that recognizes the rights
of individuals receiving assistance to
due process of law. This process, at a
minimum. must consist of:
(1) Written notice to the participant
containing a clear statement of the
reasons for terminatIon;
(2) A review of the decision, In which
the participant Is given the oppor-
tunity to present written or oral obJec-
tions before a person other than the
person (or a subordinate of that person)
who made or approved the termination
decision: and
(3) Prompt written notice of the final
decision to the participant.
0) Limitation of stay in transitional
housing. A homeless individual or fam-
ily may remain In transitional housing
for a period longer than 24 months. If
permanent housing for the Individual
or family has not been located or if the
Individual or family requires addi-
tional time to prepare for independent
living. However. HUD may discontinue
assistance for a transitional housing
project if more than half of the home-
less Individuals or families remain In
that project longer than 24 months.
(k) Outpatient health services. Out-
patient health services provided by the
recipient must be approved as appro-
priate by HUD and the Department of
Health and Human Services (HHS).
Upon receipt of an application that
proposes the provision of outpatient
health services, HUD will consult with
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1583.305
HHS with respect to the approprIate-
ness of the proposed services.
(I) Annual assurances. Recipients who
receive assistance only for leasing. op-
erating costs or supportive services
costs must provide an annual assur-
ance for each year such assistance is
received that the project will be oper-
ated for the purpose specified In the ap-
plication.
(Approved by the Office of Management and
Budget under control number 2506-0112)
(58 FR 13871. Mar. IS. 1993. as amended at 59
FR 36892. Juiy 19. 1994; 61 FR 51176, Sept. 30.
19961
f 583.305 Term of commitment; repay-
ment of grants; prevention of undue
benefits.
(a) Term of commitment and conversion.
Recipients must agree to operate the
housing or provide supportive services
in accordance with this part and with
sections 423 (b)(l) and (b)(3) of the
McKinney Act (42 U.S.C. 11383(b)(l),
11383(b)(3)) .
(b) Repayment of grant and prevention
of undue benef1ts. In accordance with
section 423(c) of the McKinney Act (42
U.S.C. 11383(c)). HUD wlll require reo
cipients to repay the grant unless HUD
has authorized conversion of the
project under section 423(b)(3) of the
McKinney Act (42 U.S.C. 11383(b)(3)).
[61 FR 51176. Sept. 30, 19961
f 588.310 Displacement, relocation, and
acquisition.
(a) Minimizing dlsplacement. Con-
sistent with the other goals and objec-
tives of this part. recipients must as-
sure that they have taken aU reason-
able steps to minimize the displace-
ment of persons (families. individuals.
businesses. nonprofit organizations.
and farms) as a result of supportive
housing assisted under this part.
(b) Relocation assistance for displaced
persons. A displaced person (defined in
paragraph (0 of this section) must be
provided relocation assistance at the
levels described In. and in accordance
with. the requirements of the Uniform
Relocation Assistance and Real Prop-
erty Acquisition Policies Act of 1970
(URA) (42 U.S.C. 4601-4655) and imple-
menting regulations at 49 CPR part 24.
Agenda Item No. 16A 7
July 26, 2005
Page 19 of 62
24 CFR Ch. V (4-1-04 Edition)
(c) Real property acquisition require-
ments. The acquisition of real property
for supportive housing Is subject to the
URA and the requirements described in
49 CFR part 24. subpart B.
(d) Responsibility of recipient. (1) The
recipient must certify (i.e., provide as-
surance of compliance) that it will
comply with the URA. the regulations
at 49 CFR part 24. and the requirements
of this section. and must ensure such
compliance notwithstanding any third
party's contractual obligation to the
recipient to comply with these provi-
sions.
(2) The cost of required relocation as-
sistance is an eligible project cost in
the same manner and to the same ex-
tent as other project costs. Such costs
also may be paid for with local public
funds or funds available from other
sources.
(3) The recipient must maintain
records in sufficient detail to dem-
onstrate compliance with provisions of
this section.
(e) Appeals. A person who disagrees
with the recipient's determination con-
cerning whether the person qualifies as
a "displaced person:' or the amount of
relocation assistance for which the per-
son is eligible, may file a written ap-
peal of that determination with the re-
cipient. A low-income person who is
dissatisfied with the recipient's deter-
mination on his or her appeal may sub-
mit a written request for review of that
determination to the HUD field office.
(!) DelInltlon of displaced person. (1)
For purposes of this section, the term
"displaced person" means a person
(family, individual. business. nonprofit
organization. or farm) that moves from
real property. or moves personal prop-
erty from real property permanently as
a direct result of acquisition. rehabili-
tation. or demolition for supportive
housing projects assisted under this
part. The term "displaced person" in-
cludes, but may not be limited to:
(I) A person that moves permanently
from the real property after the prop-
erty owner (or person in control of the
site) issues a vacate notice, or refuses
to renew an expiring lease in order to
evade the responsibility to provide re-
location assistance. if the move occurs
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Agenda Item No. 16A 7
July 26, 2005
Page 20 of 62
ore. or Asst. Seey., Comm. Planning, Develop., HUD
on or after the date the recipient sub-
mits to HUD the application or appli-
cation amendment designating the
project site.
(ii) Any person. including a person
who moves before the date described in
paragraph (f)(1)(1) of this section. if the
recipient or HOO determines that the
displacement resulted directly from ac-
quisition, rehabilitation, or demolition
for the assisted project.
(ilt) A tenant-occupant of a dwelling
unit who moves permanently from the
building/complex on or after the date of
the "initiation of negotiations" (see
paragraph (g) of this section) if the
move occurs before the tenant has been
provided written notice offering him or
her the opportunity to lease and oc-
cupy a suitabie. decent, safe and sani-
tary dwelling in the same building/
complex. under reasonable terms and
conditions, upon completion of the
project. Such reasonable terms and
conditions must include a monthly
rent and estimated average monthly
utility costs that do not exceed the
greater of:
(A) The tenant's monthly rent before
the initiation of negotiations and esti-
mated average utility costs. or
(B) 30 percent of gross household in-
come. If the initial rent is at or near
the maximum. there must be a reason-
able basis for concluding at the time
the project is initiated that future rent
increases will be modest.
(iv) A tenant of a dwelling who is re-
quired to relocate temporarily. but
does not return to the building/com-
plex. If either:
(A) A tenant is not offered payment
for all reasonable out-of-pocket ex-
penses incurred in connection with the
temporary relocation. or
(B) Other conditions of the tem-
porary relocation are not reasonable.
(v) A tenant of a dwelling who moves
from the building/complex perma-
nently after he or she has been re-
quired to move to another unit in the
same building/complex. If either:
(A) The tenant is not offered reim-
bursement for all reasonable out-of-
pocket expenses incurred in connection
with the move: or
(B) Other conditions of the move are
not reasonable.
5583.310
(2) Notwithstanding the provisions of
paragraph (f) (I) of this section. a per-
son does not quallfy as a "displaced
person" (and is not eligible for reloca-
tion assistance under the URA or this
section). if:
(I) The person has been evicted for se-
rious or repeated violation of the terms
and conditions of the lease or occu-
pancy agreement, violation of applica-
ble Federal. State, or local or tribal
law. or other good cause. and HUD de-
termines that the eviction was not un-
dertaken for the purpose of evading the
obligation to provide relocation assist-
ance:
(il) The person moved into the prop-
erty after the submission of the appli-
cation and, before signing a lease and
commencing occupancy, was provided
written notice of the project. its pos-
sible impact on the person (e.g., the
person may be displaced. temporarily
relocated, or suffer a rent increase) and
the fact that the person would not
qualify as a "displaced person" (or for
any assistance provided under this sec-
tion), if the project is approved;
(iii) The person is ineligible under 49
CFR 24.2(g)(2); or
(Iv) HUn determines that the person
was not displaced as a direct result of
acquisition, rehab1litation. or demoli-
tion for the project.
(3) The recipient may request. at any
time, HUD's determination of whether
a displacement is or would be covered
under this section.
(g) Definition of initiation of negotia-
tions. For purposes of determining the
formula for computing the replacement
housing assistance to be provided to a
residential tenant displaced as a direct
result of privately undertaken rehabili-
tation. demolition. or acquisition of
the real property. the term "initiation
of negotiations" means the execution
of the agreement between the recipient
and HOO.
(h) Del1nition of project. For purposes
of this section. the term "project"
means an undertaking paid for in
whole or in part with assistance under
this part. Two or more activities that
are integrally related, each essential to
the others. are considered a single
project. whether or not all component
257
g583.315
activities receive assistance under this
part.
[58 FR 13871. Mar. 15. 1993. as amended at 59
FR 36892. July 19. 19941
A 583.315 Resident rent.
(a) Calculation of resident rent. Each
resident of supportive housing may be
required to pay as rent an amount de-
termined by the recipient which may
not exceed the highest of:
(1) 30 percent of the family's monthly
adjusted income (adjustment factors
include the number of peopie In the
family. age of family members. medical
expenses and child care expenses). The
calculation of the family's monthly ad-
justed Income must include the ex-
pense deductions provided In 24 CFR
5.611(a). and for persons with disabil-
ities, the calculation of the family's
monthly adjusted income also must in-
clude the disallowance of earned in-
come as provided in 24 CFR 5.617. if ap-
plicable;
(2) iO percent of the family's monthly
gross income; or
(3) If the family is receiving pay-
ments for welfare assistance from a
public agency and a part of the pay-
ments. adjusted In accordance with the
family's actual housing costs. is spe-
cifically designated by the agency to
meet the famlly's housing costs, the
portion of the payment that is des-
ignated for housing costs.
(b) Use of rent. Resident rent may be
used In the operation of the project or
may be reserved. in whole or In part, to
assist residents of transitional housing
in moving to permanent housing.
(c) Fees. In addition to resident rent.
recipients may charge residents rea-
sonable fees for services not paid with
grant funds.
[58 FR 13871, Mar. IS, 1993, as amended at 59
FR 36892. July 19. 1994; 66 FR 6225. Jan. 19.
20011
A 583.320 Site control.
(a) Site control. (1) Where grant funds
will be used for acquisition, rehabillta-
tion, or new construction to provide
supportive housing or supportive serv-
ices, or where grant funds will be used
for operating costs of supportive hous-
Ing, or where grant funds will be used
to provide supportive services except
Agenda Item No. 16A7.
July 26, 2005
Page 21 of 62
" .
24 CFR Ch. V (4-1-04 Edition)
where an applicant will provide serv-
ices at sites not operated by the appli-
cant, an applicant must demonstrate
site control before HUD will execute a
grant agreement (e.g., through a deed.
lease. executed contract of sale). If
such site control is not demonstrated
within one year after initial notifica-
tion of the award of assistance under
this part, the grant will be deobligated
as provided in paragraph (c) of this sec-
tion.
(2) Where grant funds will be used to
lease all or part of a structure to pro-
vide supportive housing or supportive
services, or where grant funds will be
used to lease individual housing units
for homeless persons who wlll eventu-
ally control the units. site control need
not be demonstrated.
(b) Site change. (I) A recipient may
obtain ownership or control of a suit-
able site different from the one speci.
fied In I ts application. Retention of an
assistance award is subject to the new
site's meeting all requirements under
this part for suitable sites.
(2) If the acquisition. rehabilitation.
acquisition and rehabilitation. or new
construction costs for the substitute
site are greater than the amount of the
grant awarded for the site specified In
the appl1cation. the recipient must pro-
vide for all additional costs. If the re-
cipient is unable to demonstrate to
HUD that It is able to provide for the
difference In costs, HUD may
deobligate the award of assistance.
(c) Failure to obtain site control within
one year. HUD will recapture or
deobligate any award for assistance
under this part If the recipient is not in
control of a suitable site before the ex-
piration of one year after Initial notifi.
cation of an award.
f 583.325 NondillCrimination and equal
opportunity requirements.
(a) General. Notwithstanding the per-
missibility of proposals that serve des-
ignated populations of disabled home-
less persons, recipients serving a des-
ignated population of disabled home-
less persons are required, within the
designated population, to comply with
these requirements for nondiscrimina-
tion on the basis of race. color, rel1-
gion. sex, national origin, age, familial
status. and disablllty.
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Agenda Item No. 16A7
July 26,2005
Page 22 of 62
Ofc. 01 Asst. Secy., Comm. Planning, Develop., HUD
(b) Nondiscrimination and equal oppor-
tunity requirements. The nondiscrimina-
tion and equal opportunity require-
ments set forth at part 5 of this title
apply to this program. The Indian Civil
Rights Act (25 V.S.C. 1301 et seq.) ap-
piles to trIbes when they exercise their
powers of self-government. and to In-
dian housing authorItIes (IHAs) when
established by the exercise of such
powers. When an IHA is established
under State law. the appllcabllity of
the Indian Civil Rights Act will be de-
termined on a case-by-case basis.
Projects subject to the Indian Civil
Rights Act must be developed and oper-
ated in compliance with Its provisions
and all Implementing HUD require-
ments, Instead of title VI and the Fair
Housing Act and theIr Implementing
regulations.
(c) Procedures. (1) If the procedures
that the recipient intends to use to
make known the availability of the
supportive housing are unlikely to
reach persons of any particular race,
color. rellglon. sex. age. national ori-
gin. famllial status. or handicap who
may qualify for admission to the hous.
ing. the recipient must establish addi-
tional procedures that wlll ensure that
such persons can obtain information
concerning availability of the housing.
(2) The recipient must adopt proce.
dures to make available information
on the existence and locations of facili.
ties and services that are accessible to
persons with a handicap and maIntain
evidence of Implementation of the pro-
cedures.
(d) AccessibIlIty requirements. The re-
cipient must comply with the new con-
struction accessibility requirements of
the Fall' Housing Act and section 504 of
the Rehabilitation Act of 1973. and the
reasonable accommodation and reha-
bilitation accessibility requirements of
section 504 as follows:
(1) All new construction must meet
the accessibility requirements of 24
CFR 8.22 and. as applicable. 24 CFR
100.205.
(2) Projects in which costs of reha-
bilitation are 75 percent or more of the
replacement cost of the building must
meet the requirements of 24 CFR
8583.330
8.23(a). Other rehabilitation must meet
the requirements of 24 CFR 8.23(b).
[58 FR 13871. Mar. IS, 1993. as amended at 59
FR 33894. June 30. 1994; 61 FR 5210. Feb. 9.
1996: 61 FR 51176. Sept. 30. 1996)
t 583.330 Applicability ot other Federal
requirements.
In addition to the requirements set
forth in 24 CFR part 5. use of assistance
provided under this part must comply
with the following Federal require-
ments:
(a) Flood insurance. (1) The Flood Dis-
aster Protection Act of 1973 (42 V.S.C.
4001-4128) prohibits the approval of ap-
plications for assistance for acquisition
or construction (including rehabilita-
tion) for supportive housing located In
an area Identified by the Federal Emer-
gency Management Agency (FEMA) as
having special flood hazards, unless:
(I) The community in which the area
Is situated Is participating In the Na-
tional Flood Insurance Program (see 44
CFR parts 59 through 79). or less than
a year has passed since FEMA notifica-
tion regarding such hazards; and
(Ii) Flood Insurance is obtained as a
condi tion of approval of the applica-
tion.
(2) Applicants with supportive hous.
ing located in an area identified by
FEMA as having special flood hazards
and receiving assistance for acquisition
or construction (including rehabilita-
tion) are responsible for assuring that
flood Insurance under the National
Flood Insurance Program Is obtained
and maintained.
(b) The Coastal Barrier Resources
Act of 1982 (16 U.S.C. 3501 et seq.) may
apply to proposals under this part, de-
pending on the assistance requested.
(c) ApplicabIlity of OMB Circulars. The
policies. guidelines. and requirements
of OMB Circular No. A-87 (Cost Prin-
ciples Applicable to Grants, Contracts
and Other Agreements with State and
Local Governments) and 24 CFR part 85
apply to the award. acceptance, and
use of assistance under the program by
governmental entitles. and OMB Cir-
cular Nos. A-IIO (Grants and Coopera-
tive Agreements with InstItutions of
Higher Education. Hospitals, and Other
Nonproflt Organizations) and A-122
(Cost Principles Applicable to Grants.
Contracts and Other Agreements with
259
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5583.330
Nonprofit Institutions) apply to the ac-
ceptance and use of assistance by pri-
vate nonprofit organizations, except
where inconsistent with the provisions
of the McKinney Act. other Federal
statutes, or this part. (Copies of OMB
Circulars may be obtained from E.O.P.
Publications. room 2200, New Executive
Office Building, Washington. DC 20503.
telephone (202) 395-7332. (This is not a
toll-free number.) There Is a limit of
two free copies.
(d) Lead-based paint. The Lead-Based
Paint Poisoning Prevention Act (42
V.S.C. 4821-4846). the Residential Lead-
Based Paint Hazard Reduction Act of
1992 (42 V.S.C. 4851-4856). and imple-
menting regulations at part 35, sub-
parts A. B. J. K. and R of this title
apply to activities under this program.
(el Conflicts of interest. (I) In addition
to the conflict of interest requirements
in 24 CFR part 85, no person who is an
employee. agent. consultant. officer, or
elected or appointed official of the re-
cipient and who exercises or has exer-
cised any functions or responsibilities
with respect to assisted activities, or
who is in a position to participate in a
decisionmaking process or gain inside
information with regard to such activi-
ties, may obtain a personal or financial
interest or benefit from the activity, or
have an interest in any contract, sub.
contract, or agreement with respect
thereto, or the proceeds thereunder. ei-
ther for himself or herself or for those
with whom he or she has family or
business ties, during his or her tenure
or for one year thereafter. Participa-
tlon by homeless Individuals who also
are participants under the program in
policy or decislonmaking under
S583.3oo(0 does not constitute a con-
flict of interest.
(2) Upon the written request of the
recipient, HUD may grant an exception
to the provisions of paragraph (e)(l) of
this section on a case-by-case basis
when it determines that the exception
will serve to further the purposes of
the program and the effective and effi-
cient administration of the recipient's
project. An exception may be consid-
ered only after the recipient has pro-
vided the following:
(i) For States and other govern-
mental entities. a disclosure of the na-
ture of the conflict. accompanied by an
Agenda Item No. 16,4.7
July 26, 2005
Page 23 of 62
24 CFR Ch. V (4-1-04 Edltion)
assurance that there has been public
disclosure of the conflict and a descrip-
tion of how the publlc disclosure was
made; and
(Ii) For all recipients, an opinion of
the recipient's attorney that the Inter-
est for which the exception is sought
would not violate State or local law.
(3) In determining whether to grant a
requested exception after the recipient
has satisfactorily met the requirement
of paragraph (e)(2) of this section. HUD
will consider the cumulative effect of
the following factors. where applicable:
(i) Whether the exception would pro-
vide a significant cost benefit or an es-
sential degree of expertise to the
project which would otherwise not be
available;
(iI) Whether the person affected is a
member of a group or class of eligible
persons and the exception will permit
such person t:o receive generally the
same interests or benefits as are being
made available or provided to the
group or class:
(iii) Whether the affected person has
withdrawn from his or her functions or
responsibilities. or the decisionmaking
process with respect to the specific as-
sisted activity in question:
(tv) Whether the Interest or benefit
was present before the affected person
was in a position as described in para-
graph (e)(l) of this section;
(v) Whether undue hardship will re-
sult either to the recipient or the per-
son affected when weighed against the
public interest served by avoiding the
prohibited conflict: and
(vi) Any other relevant consider-
ations.
(f) Audit. The financial management
systems used by recipients under this
program must provide for audits in ac-
cordance with 24 CFR part 44 or part 45.
as applicable. HUD may perform or re-
quire additional audits as It finds nec-
essary or appropriate.
(g) Davis-Bacon Act. The provisions
of the Davis-Bacon Act do not apply to
this program.
(58 FR 13871. Mar. 15. 1993. as amended at 61
FR SUI. Feb. 9. 1996; 64 FR 50226, Sept, 15.
19991
260
Agenda Item No. 16A 7
July 26, 2005
Page 24 of 62
Subpart E-Adminlstratlon
Ole. 01 Asst. Secy., Comm. Planning, Develop., HUD
Pt. 585
t 583.400 Grant agreement.
(a) General. The duty to provide sup-
portive housing or supportive services
In accordance with the requirements of
this part wlll be incorporated in a
grant agreement executed by HUD and
the recipient.
(b) Enforcement. HUD will enforce the
obligations In the grant agreement
through such action as may be appro-
priate, Including repayment of funds
that have already been disbursed to the
recipient.
A 583.405 Program changes.
(a) HUD approval. (1) A recipient may
not make any significant changes to an
approved program without prior HUD
approval. Significant changes Include,
but are not limited to. a change in the
recipient, a change In the project site,
additions or deletions in the types of
activities lIsted In S 583.100 of this part
approved for the program or a shift of
more than 10 percent of funds from one
approved type of activity to another,
and a change In the category of partici-
pants to be served. Depending on the
nature of the change, HUD may require
a new certification of consistency with
the consolidated plan (see S 583.155),
(2) Approval for changes is contin-
gent upon the application ranking re-
maining high enough after the ap-
proved change to have been competi-
tively selected for funding In the year
the application was selected.
(b) Documentation of other changes.
Any changes to an approved program
that do not require prior HUD approval
must be fully documented in the recipi-
ent's records.
(58 FR 13871, Mar, 15. 1993, as amended at 61
FR 51176, Sept. 30, 1996]
f 583.410 Obligation and deobligation
of funds.
(a) Obligation of funds. When HUD and
the applicant execute a grant agree-
ment, funds are obligated to cover the
amount of the approved assistance
under subpart B of this part. The re-
cipient will be expected to carry out
the supportive housing or supportive
services activities as proposed in the
application.
(b) Increases. After the initial obliga-
tion of funds. HUD will not make revi-
sions to Increase the amount obligated.
(c) Deobligation. (1) HUD may
deobligate all or parts of grants for ac-
quisition, rehabilitation. acquisition
and rehabilitation, or new construc-
tion:
(l) If the actual total cost of acquisi-
tion, rehabllltatlon, acquisition and re-
habilitation, or new construction is
less than the total cost anticipated in
the application: or
(ii) If proposed activities for which
funding was approved are not begun
within three months or residents do
not begin to occupy the facility within
nine months after grant execution.
(2) HUD may deobligate the amounts
for annual leasing costs, operating
costs or supportive services in any
year:
(I) If the actual leasing costs, oper-
ating costs or supportive services for
that year are less than the total cost
anticipated in the application; or
(Ii) If the proposed supportive hous-
ing operations are not begun within
three months after the units are avail-
able for occupancy.
(3) The grant agreement may set
forth in detail other circumstances
under which funds may be deobl1gated,
and other sanctions may be imposed.
(4) HUD may:
(I) Readvertise the availability of
funds that have been deobligated under
this section In a notice of fund avail-
ability under S 583.200, or
(li) Award deobl1gated funds to appli-
cations previously submitted in re-
sponse to the most recently published
notice of fund availablUty. and in ac-
cordance with subpart C of this part.
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PART 585-YOUTHBUllD PROGRAM
Subpart A-General
Sec.
585.1 Authority.
585.2 Program purpose.
585.3 Program components.
585.4 Definitions.
Subpart B [Reserved]
Subpart C-Youthbulld Planning Grants
585.201 Purpose.
585.202 Award limits.
261
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Agenda Item No. 16A7
July 26, 2005
Page 2E of 62
<?'t-~""tI~E"')"O"'+O
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u.s. Department of Housing and Urban Development
Region IV, Miami Field Office
Brickell Plaza Federal Building
909 SE First Avenue, Rm. 500
Miami, FL. 33131-3042
2004 SUPPORTIVE HOUSING PROGRAM
RENEWAL GRANT AGREEMENT
This Grant Agreement is made by and between the United States Department of
Housing and Urban Development (HUD) and Collier County Board of County
Commissioners.2800 H. Hare.hoe Drive Suite 400. HaDles. FL 34104, the Recipient,
whose Tax 10 number is 59-8000558 for Project NumberFL 14B40-8003lProject
Identifier Number FL 14066 to be located at 2001 Airoort Pullina Road South. HaDles.
FL 34112.
The assistance which is the subject of this Grant Agreement is authorized by the
McKinney-Vento Homeless Assistance Act 42 U.S.C. 11381 (hereafter ''the Act"). The
term "grant" or "grant funds" means the assistance provided under this Agreement. This
grant agreement will be governed by the Act, the Supportive Housing rule codified at 24
CFR 583, which is attached hereto and made a part hereof as Attachment A, and the
Notice of Funding Availability (NOFA) published May 14, 2004 at 69 FR 26942 and
27497. The term "Application" means the original and renewal application submissions
on the basis of which a Grant was approved by HUD, including the certifications and
assurances and any information or documentation required to meet any grant award
conditions. The Application is incorporated herein as part of this Agreement, however,
in the event of conflict between the provisions of those documents and any provision
contained herein, this Renewal Grant Agreement shall control. The Secretary agrees,
subject to the terms of the Grant Agreement, to provide the grant funds in the amount
specified below for the approved project described in the Application.
Although this agreement will become effective only upon the execution hereof by
both parties, upon execution, the term of this agreement shall run from the end of the
Recipient's final operating year under the original Grant Agreement for a period of -2!!!:
(1) Year . Eligible costs, as defined by the Act and Attachment A, incurred between
the end of Recipient's final operating year under the original Grant Agreement and the
execution of this Renewal Grant Agreement may be paid with funds from the first
operating year of this Renewal Grant.
HUD's total fund obligation for this project is ~142.895, allocated as follows:
1. Grant for Operating
$108.061
$33.333
2. Grant for Supportive Services
For mortllnformlltlon on HUO prognIms I!IfId what's nsw.t HUD, visit HUO's Home PtIgtJ on thtJ World
WIde Web.t hltp:llwww.hud.govl
Agenda Item No. 16A7
July 26..,2005
Page 2EJC.of 62
3. Grant for Leasing
$-0-
$-0-
4. HMIS
5. Grant for Administration
$1,501
The Recipient must provide a 25 percent cash match for supportive services
pursuant to HUD's FY 2004 Appropriations Act.
The Recipient agrees to comply with all requirements of this Grant Agreement
and to accept responsibility for such compliance by any entities to which it makes grant
funds available.
The Recipient agrees to participate in a local Homeless Management Information
System (HMIS) when implemented.
The Recipient and project sponsor, if any, will not knowingly allow illegal activities
in any unit assisted with grant funds.
HUD notifications to the Recipient shall be to the address of the Recipient as .
written above, unless HUD is otherwise advised in writing. Recipient notifications to
HUD shall be to the HUD Field Office executing the Grant Agreement. No right, benefit,
or advantage of the Recipient hereunder be assigned without prior written approval of
HUD.
For any project funded by this grant which is also financed through the use of the
Low Income Housing Tax Credit, the following applies:
HUD recognizes that the Recipient or the project sponsor will or has
financed this project through the use of the Low-Income Housing Tax
Credit. The Recipient or project sponsor shall be the general partner of a
limited partnership formed for that purpose. If grant funds were used for
acquisition, rehabilitation or construction, then, throughout a period of
twenty years from the date of initial occupancy or the initial service
provision, the Recipient or project sponsor shall continue as general
partner and shall ensure that the project is operated in accordance with
the requirements of this Grant Agreement, the applicable regulations and
statutes. Further, the said limited partnership shall own the project site
throughout that twenty year period. If grant funds were not used for
acquisition, rehabilitation or new construction, then the period shall not be
twenty years, but shall be for the term of the grant agreement and any
renewal thereof. Failure to comply with the terms of this paragraph shall
constitute a default under the Grant Agreement.
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A default shall consist of any use of grant funds for a purpose other than as
authorized by this Grant Agreement, failure in the Recipient's duty to provide the
supportive housing for the minimum term in accordance with the requirements of
For more inFormation on HUD programs and what's new at HUD, visit HUD's Home Page on the
World Wide Web at http://www.hud.gov/
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Agenda Item No. 16A7
July 26, 2005
Page '8 of 62
Attachment A. noncompliance with the Act or Attachment A provisions. any other
material breach of the Grant Agreement, or misrepresentations in the application
submissions which. if known by HUD. would have resulted in this grant not being
provided. Upon due notice to the Recipient of the occurrence of any such default and
the provision of a reasonable opportunity to respond, HUD may take one or more of the
following actions:
(a) direct the Recipient to submit progress schedules for completing approved
activities; or
(b) issue a letter of warning advising the Recipient of the default, establishing
a date by which corrective actions must be completed and putting the
Recipient on notice that more serious actions will be taken if the default is
not corrected or is repeated; or
(c) direct the Recipient to establish and maintain a management plan that
assigns responsibilities for carrying out remedial actions; or
(d) direct the Recipient to suspend, discontinue or not incur costs for the
affected activity; or
reduce or recapture the grant; or
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(e)
(f)
direct the Recipient to reimburse the program accounts for costs
inappropriately charged to the program; or
(g) continue the grant with a substitute recipient of HUD's choosing; or
(h) other appropriate action including, but not limited to, any remedial action
legally available, such as affirmative litigation seeking declaratory
judgment. specific performance, damages, temporary or permanent
injunctions and any other available remedies.
No delay or omission by HUD in exercising any right or remedy available to it
under this Grant Agreement shall impair any such right or remedy or constitute a waiver
or acquiescence in any Recipient default.
For each operating year in which funding is received, the Recipient shall file
annual certifications with HUD that the supportive housing has been provided in
accordance with the requirements of the Grant Agreement.
This Grant Agreement constitutes the entire agreement between the parties
hereto, and may be amended only in writing executed by HUD and the Recipient. More
specifically, the Recipient shall not change recipients, location, services, or population
to be served nor shift more than 10 percent of funds from one approved type of activity
to another, or make any other significant change, without the prior written approval of
HUD.
For more Information on HUO programs and what's new at HUO, visit HUO's Home Page on the World
Wide Web at http://www.hud.govl
Agenda Item No. 16A7
July 26, 2005
Page ~ of 62
SIGNATURES
This Grant Agreement is hereby executed as follows:
UNITED STATES OF AMERICA
Secretary of Housing and Urban Development
By <<~O~~- 3/-0::;-
Sjifnature and Date
Maria R. Ortiz-Hill
Typed name of signatory
Director, Community PlanninQ and Development. Division
Title
RECIPIENT
Collier County Board of County Commissioners
Name of Organization
By:
Authorized Signature and Date
Typed name of signatory
Title
Susan Golden. 239-213-2901 Fax 239-403-2331
Official Contact Person and Telephone No. and Fax No.
.~tm""''''''d<\ f,g "" '::mr: 8: !eqal sufflclam;~:
lI."..riVt1\;~....., '<0-- " _
at may
For morfl/nformlltion on HUD ~ms snd whst's nfIW st HUD, tlIsItHUD's Homfl Psge on thfl World
WIdf1 Wsb st http://www.hud.govl
Agenda Item No. 16A7
July 26, 2005
Page 29 of 62
A -r i AC~' ME"N T "A"
....~ 2.00 4 .c.WA.l'tD'S
orc. of Asst. Secy., Comm. Planning, Develop., HUD 5583.5
PART 583-SUPPORTIVE HOUSING
PROGRAM
Subpart A-General
Sec.
583.1 Purpose and scope.
583.5 DefinItions.
Subpart &-Assistance Provided
583.100 Types and uses of assistance.
583.105 Grants for acquisition and rehabili-
tation.
583.110 Grants for new constroctlon.
583.115 Grants for leasing.
583.120 Grants for supportive service costs.
583.125 Grants for operating costs.
583.130 Commitment of grant amounts for
leasing. supportive services. and oper-
ating costs.
583.135 Administrative costs.
583.140 Technical assistance.
583.145 Matching requirements.
583.150 Limitations on use of assistance.
583.155 ConsoHdated plan.
Subpart C-AppAcafton and Grant Award
Process
583.200 Application and grant award.
583.230 Environmental review.
583.235 Renewal grants.
Subpart D-Program Requlremenb
583.300 General operation.
583.305 Term of commitment; repayment of
grants; prevention of undue benefits.
583.310 Displacement. relocation. and acqui-
sition.
583.315 Resident rent.
583.320 Site control.
583.325 Nondiscrimination and equal oppor-
tunity requirements.
583.330 Applicability of other Federal re-
quirements.
SUbpart E-Admlnlstratlon
583.400 Grant agreement.
583.405 Program changes.
583.410 Obligation and deobllgatlon of funds.
AUTIiORITY: 42 U.S,C. 11389 and 3535(d).
SOURCE: 58 FR 13871, Mar. 15. 1993. unless
othelWlse noted.
Subpart A-General
t 583.1 Purpose and &Cope.
(a) General. The Supportive Housing
Program Is authorized by title IV of
the Stewart B. McKirmey Homeless As-
sistance Act (the McKinney Act) (42
U.S,C. 11381-11389). The Supportive
Housing program is designed to pro-
mote the development of supportive
housing and supportive services. in-
cluding irmovative approaches to assist,
homeless persons in the transition
from homelessness. and to promote the
provision of supportive housing to
homeless persons to enable them to
live as independently as possible.
(b) Components. Funds under this part
may be used for:
(1) Transitional housing to facilitate
the movement of homeless individuals
and families to permanent housing:
(2) Permanent housing that provides
long-term housing for homeless persons
with disabilities;
(3) Housing that is, or is part of. a
particularly innovative project for. or
alternative methods of. meeting the
Immediate and long-tenn needs of
homeless persons; or
(4) Supportive services for homeless
persons not provided In conjunction
with supportive housing.
158 FR 13811. Mar. 15. 1993. as amended at 61
FR 51175. Sept. 30. 1996)
t 583.5 Definitions.
As used in this part;
Applicant is defined in section 422(1)
of the McKinney Act (42 U.s.C.
11382{I)). For purposes of this defini-
tion. governmental entities Include
those that have general governmental
powers (such as a city or county), as
well as those that have limited or spe-
cial powers (such as public housing
agencies) .
Consolidated plan means the plan that
a jurisdiction prepares and submits to
HUD in accordance with 24 CFR part
91.
Date of initial occupancy means the
date that the supportive housing is ini-
tially occupied by a homeless person
for whom HUD provides assistance
under this part. If the assistance is for
an existing homeless facility. the date
of initial occupancy is the date that
services are first provided to the resi-
dents of supportive housing with fund-
ing under this part.
Date of Initial service provision means
the date that supportive services are
initially provided with funds under this
part to homeless persons who do not
reside in supportive housing. This defi-
nition applles only to projects funded
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5583.100
under this part that do not provide sup-
portive housing.
Disability is defined in section 422(2)
of the McKinney Act (42 U.S.C.
11382 (2}).
Homeless person means an individual
or family that Is described in section
103 of the McKinney Act (42 U.S.C.
11302).
Metropolitan city Is defined In section
102(a)(4) of the Housing and Commu-
nity Development Act of 1974 (42 U.S.C.
5302(a) (4)). In general. metropolitan cit-
ies are those cities that are eligible for
an entitlement grant under 24 CFR
part 570. subpart D.
New construction means the building
of a structure where none existed or an
addition to an existing structure that
increases the floor area by more than
100 percent.
Operating costs is defined in section
422(5) of the McKinney Act (42 U.S.C
11382(5)).
Outpatient health services Is defined In
section 422(6) of the McKinney Act (42
U.S.C. 11382(6)).
Pennanent housing for homeless persons
with disabilities Is defined In section
424(c) of the McKinney Act (42 U.S.C.
11384 (c)).
Private nonproflt organization Is de-
fined In section 422(7) (A). (B), and (D)
of the McKinney Act (42 U.S.C. 11382(7)
(A). (B), and (D)). The organization
must also have a functioning account-
ing system that is operated In accord-
ance with generally accepted account-
Ing principles. or designate an entity
that will maintain a functioning ac-
counting system for the organization
In accordance with generally accepted
accounting principles.
Project Is defined In sections 422(8)
and 424 (d) of the McKinney Act (42
U.s.C. 11382(8). 11384 (d)).
Recipient Is defined in section 422(9) of
the McKinney Act (42 U.S.C. 11382(9)).
Rehabllltation means the Improve-
ment or repair of an existing structure
or an addition to an existing structure
that does not Increase the floor area by
more than 100 percent. Rehabilitation
does not Include minor or routine re-
pairs.
State is defined In section 422(11) of
the McKinney Act (42 U.S,C. 11382(11)).
Agenda Item No. 16A7
July 26, 2005
Page 30 of 62
24 CFR Ch. V (4-1-04 Edition)
Supportive housing Is defined in sec-
tion 424 (a) of the McKinney Act (42
U.S.C. 11384(a)).
Supportive services is defined in sec-
tion 425 of the McKinney Act (42 U.S,C.
11385) ,
Transitional housing is defined in sec-
tion 4Z4(b) of the McKinney Act (42
V.S.C. 11384(b)). See also S 583.3000).
Tribe Is defined In section 102 of the
Housing and Community Development
Act of 1974 (42 V.S.C. 5302).
Urban county is defined in section
102 (a)(6) of the Housing and Commu-
nity Development Act of 1974 (42 U.S.C.
5302 (a)(6)). In general. urban counties
are those counties that are eligible for
an entitlement grant under 24 CFR
part 570. subpart D.
(61 FR 51175. Sept. 30, 1996J
Subpart B-Asslstance Provided
~ 583.100 Types and uses of assistance.
(a) Grant assIstance. Assistance in the
form of grants Is available for acquisi-
tion of structures. rehabilitation of
structures. acquisition and rehabilita-
tion of structures. new construction.
leasing, operating costs for supportive
housing. and supportive services. as de-
scribed in ~~583.105 through 583,125. Ap-
plicants may apply for more than one
type of assistance.
(b) Uses of grant assistance. Grant as-
sistance may be used to:
(1) Establish new supportive housing
facilities or new facilities to provide
supportive services;
(2) Expand existing facilities in order
to Increase the number of homeless
persons served:
(3) Bring existing facUlties up to a
level that meets State and local gov-
errunent health and safety standards:
(4) Provide additional supportive
services for residents of supportive
housing or for homeless persons not re-
siding In supportive housing:
(5) Purchase HUD-owned single fam-
ily properties currently leased by the
applicant for use 8S a homeless facility
under 24 CFR part 291: and
(6) Continue funding supportive hous-
ing where the recipient has received
funding under this part for leasing.
supportive services, or operating costs.
248
Agenda Item No. 16A7
July 26, 2005
Page 31 of 62
Ole. of Asst. Seey., Comm. Planning, Develop.. HUD
5583.115
(c) Structures used for multiple pur-
poses. Structures used to provide sup-
portive housing or supportive services
may also be used for other purposes.
except that assistance under this part
wl11 be available only in proportion to
the use of the structure for supportive
housing or supportive services.
(d) Technical assistance. HUD may
offer technical assistance. as described
in S583.140.
{58 FR 13871. Mar. IS. 1993. as amended at 59
FR 36891. July 19. 1994\
~ 583.105 Grants for acquisition and
rehabilitation.
(a) Use. HUn will grant funds to re-
cipients to:
(I) Pay a portion of the cost of the
acquisition of real property selected by
the recipients for use In the provision
of supportive housing or supportive
services. Including the repayment of
any outstanding debt on a loan made
to purchase property that has not been
used previously as supportive housing
or for supportive services:
(2) Pay a portion of the cost of reha-
bilitation of structures, Including cost.
effective energy measures. selected by
the recipients to provide supportive
housing or supportive services: or
(3) Pay a portion of the cost of acqui-
sition and rehabilitation of structures.
as described In paragraphs (a) (1) and (2)
of this section.
(b) Amount. The maximum grant
available for acquisition. rehabilita-
tion. or acquisition and rehabilitation
is the lower of:
(I) $200.000: or
(2) The total cost of the acquisition.
rehabilitation. or acquisition and reha-
bllltation minus the applicant's con-
tribution toward the cost.
(c) Increased amounts. In areas deter-
mined by HUD to have high acquisition
and rehabilltatlon costs. grants of
more than $200.000. but not more than
$400.000. may be available.
A 583.110 Grants for new construction.
(a) Use. HUD wUl grant funds to re-
cipients to pay a portion of the cost of
new construction. Including cost-effec-
tive energy measures and the cost of
land associated with that construction,
for use In the provision of supportive
housing. If the grant funds are used for
new construction. the applicant must
demonstrate that the costs associated
with new construction are substan-
tially less than the costs associated
with rehabilitation or that there is a
lack of available appropriate units that
could be rehabilitated at a cost less
than new construction. For purposes of
this cost comparison. costs associated
with rehabilitation or new construc-
tion may include the cost of real prop-
erty acquisition.
(b) Amount. The maximum grant
available for new construction Is the
lower of:
(I) $400,000: or
(2) The total cost of the new con-
struction, including the cost of land as-
sociated with that construction. minus
the applicant's contribution toward the
cost of same.
f 58S.U5 Grants for leasing.
(a) General. HUD will provide grants
to pay (as described in S583.l30 of this
part) for the actual costs of leasing a
structure or structures. or portions
thereof. used to provide supportive
housing or supportive services for up to
five years.
(b) (1) Leasing structures. Where grants
are used to pay rent for all or part of
structures. the rent paid must be rea-
sonable In relation to rents being
charged in the area for comparable
space. In addition. the rent paid may
not exceed rents currently being
charged by the same owner for com-
parable space,
(2) Leasing individual units. Where
grants are used to pay rent for indi-
vidual housing units, the rent paid
must be reasonable In relation to rents
being charged for comparable units,
taking Into account the location, size.
type. quality. amenities. facilities. and
management services. In addition. the
rents may not exceed rents currently
being charged by the same owner for
comparable unassisted units. and the
portion of rents paid with grant funds
may not eKceed HUD-determlned fair
market rents. Recipients may use
grant funds in an amount up to one
month's rent to pay the non-recipient
landlord for any damages to leased
units by homeless participants.
[58 FR 13871. Mar. IS. 1993. as amended at 59
FR 36891. July 19. 1994)
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1583.120
~ 583.120 Grant. for supportive serv-
ices costs.
(a) General. HUn wlll pmvlde grants
to pay (as described In ~ 583.130 of this
part) for the actual costs of supportive
services for homeless persons for up to
five years. All or part of the supportive
services may be provided directly by
the recipient or by arrangement with
public or private service providers.
(b) Supportive services costs. Costs as-
sociated with providing supportive
services include salaries paid to pro-
viders of supportive services and any
other costs directly associated with
providing such services. For a transi-
tional housing project, supportive serv-
ices costs also Include the costs of serv-
ices provided to former residents of
transitional housing to assist their ad-
justment to independent living. Such
services may be provided for up to six
months after they leave the transi-
tional housing facility,
[58 FR 13811. Mar. 15. 1993. as amended at 59
FR 36891, July 19. 1994J
f 583.125 Grants for operating costs.
(a) General. HUn will provide grants
to pay a portion (as described In
~583.130) of the actual operating costs
of supportive housing for up to five
years.
(b) Operating costs. Operating costs
are those associated with the day-to-
day operation of the supportive hous-
ing. They also include the actual ex-
penses that a recipient Incurs for con-
ducting on-going assessments of the
supportive services needed by residents
and the avallability of such services:
relocation assistance under S583.310, In-
cluding payments and services: and In-
surance.
(c) Recipient match requirement for op-
erating costs. Assistance for operating
costs will be available for up to 75 per-
cent of the total cost in each year of
the grant term. The recipient must pay
the percentage of the actual operating
costs not funded by HUD. At the end of
each operating year. the recipient must
demonstrate that it has met its match
requirement of the costs for that year.
(S8 FR 13871. Mar, IS. 1993. as amended at 61
FR 51115. Sept. 30. 1996; 65 FR 30823. May 12.
2000]
Agenda Item No. 16A 7
July 26,2005
Page 32 of 62
24 CFR Ch. V (4-1-04 Edition)
t 583.130 Commitment of grant
amounta for leasing, supportive
services, and operating costa.
Upon execution of a grant agreement
covering assistance for leasing. sup-
portive services. or operating costs,
HUn will obllgate amounts for a period
not to exceed five operating years. The
total amount obligated will be equal to
an amount necessary for the specified
years of operation. less the recipient's
share of operating costs.
(Approved by the Office of Management and
Budget under OMB control number 2506-0112)
(59 FR 36891. July 19, 1994J
t 583.135 Administrative costs.
(a) General. Up to five percent of any
grant awarded under this part may be
used for the purpose of paying costs of
administering the assistance.
(b) Administrative costs. Administra-
tive costs include the costs associated
with accounting for the use of grant
funds, preparing reports for submission
to HUD, obtaining program audits.
similar costs related to administering
the grant after the award, and staff sal-
aries associated with these administra-
tive costs. They do not include the
costs of carrying out eligible activities
under !i!i583.105 through 583.125.
/58 FR 13871, Mar. IS. 1993. as amended at 61
FR 51175. Sept. 30. 1996)
t 583.140 Technical B8sisiance.
(a) General. HUn may set aside funds
annually to provide technical assist-
ance. either directly by HUD staff or
indirectly through third-party pro-
viders. for any supportive housing
project. This technical assistance Is for
the purpose of promoting the develop-
ment of supportive housing and sup-
portive services as part of a continuum
of care approach. including Innovative
approaches to assist homeless persons
in the transition from homelessness,
and promoting the provision of sup-
portive housing to homeless persons to
enable them to llve as Independently as
possible.
(b) Uses of technical assistance. HUD
may use these funds to provide tech-
nical assistance to prospective appll-
cants. applicants, recipients, or other
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Agenda Item No. 16A 7
July 26, 2005
Page 33 of 62
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD
5583.150
providers of supportive housing or serv-
ices for homeless persons, for sup-
portive housing projects. The assist-
ance may Include. but Is not limited to.
written Information such as papers,
monographs. manuals, guIdes. and bro-
chures: person-to-person exchanges:
and training and related costs.
(c) Selection of providers. From time
to time. as HUD determines the need,
HUD may advertise and competitively
select providers to deliver technical as-
sistance. HUD may enter Into con-
tracts, grants, or cooperative agree-
ments. when necessary. to Implement
the technical assistance.
[59 FR 36892, July 19. 1994]
fi 583.145 Matching requirements.
(a) General. The recipient must
match the funds provided by HUD for
grants for acquisition. rehabUltatlon,
and new construction with an equal
amount of funds from other sources.
(b) Cash resources. The matching
funds must be cash resoUl:ces provided
to the project by one or more of the
following: the recipient, the Federal
government, State and local govern-
ments. and private resources.
(c) Maintenance of effort. State or
local government funds used in the
matching contribution are subject to
the maintenance of effort requirements
described at S 583.150(a).
1683.150 LimitatioD8 on use of a.-i.to
&noe.
(a) Maintenance of effort. No assist-
ance provided under this part (or any
State or local government funds used
to supplement this assistance) may be
used to replace State or local funds
previously used, or designated for use.
to assist homeless persons.
(b) Faith-based actJv/tJes. (1) Organiza-
tions that are religious or faith-based
are eligible. on the same basis as any
other organization, to participate In
the Supportive Housing Program. Nei-
ther the Federal government nor a
State or local government receiving
funds under Supportive Housing pro-
grams shall discriminate against an or-
ganization on the basis of the organiza-
tion's religious character or affiliation.
(2) Organizations that are directly
funded under the Supportive HousIng
Program may not engage in Inherently
religious activities. such as worship,
religious Instruction, or proselytlza-
tlon as part of the programs or services
funded under this part. If an organiza-
tion conducts such activities, the ac-
tivities must be offered separately. In
time or location, from the programs or
services funded under this part. and
participation must be voluntary for the
beneficiaries of the HUD-funded pro-
grams or services.
(3) A religious organization that par-
ticipates In the Supportive Housing
Program will retain its Independence
from Federal, State, and local govern-
ments. and may continue to carry out
Its mission, Including the definition,
practice, and expression of its religious
beliefs. provided that it does not use di-
rect Supportive Housing Program
funds to support any inherently reli-
gious activities. such as worship. reli-
gious Instruction, or proselytlzatlon.
Among other things. faith-based orga-
nizations may use space in their facili-
ties to provide Supportive Housing
Program-funded services, without re-
moving religious art. icons. scrlptlJres.
or other religious symbols. In addition,
a Supportive Housing Program-funded
religious organization retains its au-
thority over Its Internal governance,
and It may retain religious terms In Its
organization's name, select its board
members on a religious basis. and in-
clude religious references In its organi-
zation's mission statements and other
governing documents.
(4) An organization that participates
In the Supportive Housing Program
shall not. in providing program assist-
ance. discriminate against a program
beneficiary or prospective program
beneficiary on the basis of religion or
religious belief.
(5) Program funds may not be used
for the acquisition. construction, or re-
habilitation of structures to the extent
that those structures are used for In-
herently religious activities. Program
funds may be used for the acquisition,
construction. or rehabilitation of
structures only to the extent that
those structures are used for con-
ducting eligible activities under this
part. Where a structure Is used for both
eligible and inherently religious activi-
ties, program funds may not exceed the
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5583.155
cost of those portions of the acquisi-
tion. construction, or rehabilitation
that are attributable to eligible activi-
ties In accordance with the cost ac-
counting requirements applicable to
Supportive Housing Program funds In
this part. Sanctuaries, chapels, or
other rooms that a Supportive Housing
Program-funded religious congregation
uses as Its principal place of worship.
however, are ineligible for Supportive
Housing Program-funded improve-
ments. Disposition of real property
after the term of the grant, or any
change In use of the property during
the term of the grant. is subject to gov-
ernment-wide regulations governing
real property disposition (see 24 CFR
parts 84 and 85).
(6) If a State or local government vol-
untarily contributes its own funds to
supplement federaliy funded activities.
the State or local government has the
option to segregate the Federal funds
or commingle them. However, If the
funds are commingled. this section ap-
plies to all of the commingled funds.
(c) Participant control of site. Where an
applicant does not propose to have con-
trol of a site or sites but rather pro-
poses to assist a homeless family or in-
dividual in obtaining a lease, which
may include assistance with rent pay_
ments and receiving supportive serv-
ices, after which time the family or In-
dividual remains in the same housing
without further assistance under this
part, that applicant may not request
assistance for acquisition, rehabilita-
tion, or new construction.
[58 FR 13871. Mar. IS, 1993. as amended at 59
FR 3fi892. July 19, 1993; 68 FR 56407. Sept. 3D,
2003)
f 583.155 Consolidated plan.
(a) Applicants that are States or units
of general local government. The appli-
cant must have a HUn-approved com-
plete or abbreviated consolidated plan.
in accordance with 24 CFR part 91. and
must submit a certification that the
application for funding is consistent
with the HUD-approved consolidated
plan. Funded applicants must certify in
a grant agreement that they are fol-
lowing the HUD-approved consolidated
plan.
(b) Applicants that are not States or
units of general local government. The
Agenda Item No. 16A7
July 26, 2005
Page 34 of 62
24 CFR Ch. V (4-1-04 Edition)
applicant must submit a certification
by the jurisdiction In which the pro-
posed project will be located that the
applicant's application for funding Is
consistent with the jurisdiction's HUD-
approved consolidated plan. The cer-
tification must be made by the unit of
general local government or the State,
in accordance with the consistency cer-
tification pl'ovlslons of the consoli-
dated plan regulations. 2~ CFR part 91,
subpart F.
(c) Indian tribes and the Insular Areas
of Guam. the U.S. Virgin Is/ands. Amer-
ican Samoa. and the Northern Mariana
Islands. These entitles are not required
to have a consolidated plan or to make
consolidated plan certifications. An ap-
plication by an Indian tribe or other
applicant for a project that will be lo-
cated on a reservation of an Indian
tribe will not require a certification by
the tribe or the State. However, where
an Indian tribe is the applicant for a
project that will not be located on a
reservation. the requirement for a cer-
tification under paragraph (b) of this
section will apply.
(d) Timing of consolidated plan certJf1-
cation submissions. Unless otherwise set
forth in the NOFA, the required certifi-
cation that the application for funding
Is consistent with the HUn-approved
consolidated plan must be submitted
by the funding application submission
deadline announced In the NOFA.
[60 FR 16380, Mar. 30. 1995]
SUbpart C-Appllcatlon and Grant
Award Process
f 583.200 Application and grant award.
When funds are made available for
assistance, HUn will publish a notice
of funding availability (NO FA) in the
FEDERAL REGISTER, In accordance with
the requirements of 24 CFR part 4. HUD
will review and screen applications In
accordance with the requirements In
section 426 of the McKinney Act (42
U.S.C. 11386) and the guidelines. rating
criteria. and procedures published in
the NOF A.
[61 FR 51176. Sept. 30. 1996]
f 583.230 Environmental review.
(a) Activities under this part are sub-
ject to HUD environmental regulations
252
Agenda Item No. 16A 7
July 26,2005
Page 35 of 62
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD
Ii 583.235
in part 58 of this title, except that HUD
will perform an environmental review
in accordance with part 50 of this title
prior to its approval of any condi-
tionally selected applications for Fis-
cal Year 2000 and prior years that were
received directly from private non-
profit entitles and governmental enti-
ties with special or limited purpose
powers. For activities under a grant
that generally would be subject to re-
view under part 58. HUD may make a
finding in accordance with S58.11(d) and
may itself perform the environmental
review under the provisions of part 50
of this title If the recipient objects in
writing to the responsible entity's per-
forming the review under part 58. Irre-
spective of whether the responsible en-
tity in accord with part 58 (or HUD In
accord with part 50) performs the envi-
ronmental review. the recipient shall
supply all available. relevant Informa-
tion necessary for the responsible enti-
ty (or HUD, if applicable) to perform
for each property any environmental
review required by this part. The re-
cipient also shall carry out mitigating
measures required by the responsible
entity (or HUD, If appllcable) or select
alternate ellglble property. HUD may
eliminate from consideration any ap-
plication that would require an Envi-
ronmental Impact Statement (EIS).
(b) The recipient. its project partners
and their contractors may not acquire.
rehabilitate, convert. lease, repair. dis-
pose of. demolish or construct property
for a project under this part. or com-
mit or expend HUD or local funds for
such eligible activities under this part.
untU the responsible entity (as defined
in S 58.2 of this title) has completed the
environmental review procedures re-
quired by part 58 and the environ-
mental certification and RROF have
been approved or HUD has performed
an environmental review under part 50
and the recipient has received HUD ap-
proval of the property. HUD will not
release grant funds If the recipient or
any other party commits grant funds
(i.e.. Incurs any costs or expenditures
to be paid or reimbursed with such
funds) before the recipient submits and
HUD approves Its RROF (where such
submission Is required).
[68 FR 56131. Sept. 29. 2003)
f 583.236 Renewallfl'8Jlt&.
(a) General. Grants made under this
part. and grants made under subtitles
C and D (the Supportive Housing Dem-
onstration and SAFAH. respectively) of
the Stewart B. McKinney Homeless As-
sistance Act as in effect before October
28. 1992. may be renewed on a non-
competitive basis to continue ongoing
leasing. operations, and supportive
services for additional years beyond
the initial funding period. To be con.
sldered for renewal funding for leasing.
operating costs, or supportive services,
recipients must submit a request for
such funding In the form specified by
HUD. must meet the requirements of
this part, and must submit requests
within the time period established by
HUD.
(b) Assistance available. The first re-
newal wlll be for a period of time not
to exceed the difference between the
end of the initial funding period and
ten years from the date of initial occu-
pancy or the date of initial service pro-
vision. as applicable. Any subsequent
renewal wlll be for a period of time not
to exceed five years. Assistance during
each year of the renewal period. sub-
Ject to maintenance of effort require-
ments under S 583.150(a) may be for:
(1) Up to 50 percent of the actual op-
erating and leasing costs In the final
year of the initial funding period;
(2) Up to the amount of HUD assist-
ance for supportive services in the final
year of the initial funding period; and
(3) An allowance for cost increases.
(c) HUD review. (1) HUD will review
the request for renewal and will evalu-
ate the recipient's performance in pre-
vious years against the plans and goals
established in the initial appllcation
for assistance, as amended. HUD will
approve the request for renewal unless
the recipient proposes to serve a popu-
lation that Is not homeless, or the re-
cipient has not shown adequate
progress as evidenced by an unaccept-
ably slow expenditure of funds. or the
recipient has been unsuccessful In as-
sisting participants In achieving and
maintaining independent living. In de-
termining the recipient's success in as-
sisting participants to achieve and
maintain independent living. consider-
ation will be given to the level and
type of problems of participants. For
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5583.300
recipients with a poor record of suc-
cess. HUD will also consider the reclpi-
ent's willingness to accept technical
assistance and to make changes sug-
gested by technical assistance pro-
viders. Other factors which will affect
HUD's decision to approve a renewal
request include the following: a con-
tinuing history of inadequate financial
management accounting practices. in-
dications of mismanagement on the
part of the recipient. a drastic reduc-
tion in the population served by the re-
cipient. program changes made by the
recipient without prior HUD approval.
and loss of project site.
(2) HUD reserves the right to reject a
request from any organization with an
outstanding obligation to HUD that Is
In arrears or for which a payment
schedule has not been agreed to, or
whose response to an audit finding is
overdue or unsatisfactory.
(3) HUn will notify the recipient in
writing that the request has been ap-
proved or disapproved.
(Approved by the Office of Management and.
Budget under control number 2506-0112)
Subpart D-Program Requirements
1683.300 General operation.
(a) State and local requirements. Each
recipient of assistance under this part
must provide housing or services that
are In compliance with all applicable
State and local housing codes. licens-
ing requirements, and any other re-
quirements In the jurisdiction in which
the project Is located regarding the
condition of the structure and the op-
eration of the housing or services.
(b) Habitab/lity standards. Except for
such variations as are proposed by the
recipient and approved by HUD. sup-
portive housing must meet the fol-
lowing requirements:
(1) Structure and materials. The struc-
tures must be structurally sound so as
not to pose any threat to the health
and safety of the occupants and so as
to protect the residents from the ele-
ments.
(2) A=. The housing must be acces-
sible and capable of being utilized
without unauthorized use of other pri-
vate properties. Structures must pro-
vide alternate means of egress In case
of fire.
Agenda Item No. 16A7
July 26, 2005
Page 36 of 62
24 CFR Ch. V (4-1-04 Edition)
(3) Space and security. Each resident
must be afforded adequate space and
security for themselves and their be-
longings. Each resident must be pro-
vided an acceptable place to sleep.
(4) Interior air quality. Every room or
space must be provided with natural or
mechanical ventilation. Structures
must be free of pollutants in the air at
levels that threaten the health of resi-
dents.
(5) Water supply. The water supply
must be free from contamination.
(6) Sanitary facilities. Residents must
have access to sufficient sanitary fa-
cilities that are in proper operating
condition. may be used in privacy. and
are adequate for personal c1eanllness
and the disposal of human waste.
(7) Thennal environment. The housing
must have adequate heating and/or
cooling facilities in proper operating
condition.
(8) l/Jumination and electricity. The
housing must have adequate natural or
artIfIcial illumination to permit nor-
mal Indoor activities and to support
the health and safety of residents. Suf-
ficient electrical sources must be pro-
vided to permit use of essential elec-
trical appliances whlle assuring safety
from fire.
(9) Food preparation and refuse dis-
posal. All food preparation areas must
contaIn suitable space and equipment
to store, prepare. and serve food in a
sanitary manner.
(10) Sanitary condition. The housing
and any equipment must be maintained
In sanitary condition.
(11) Fire safety. (I) Each unit must In-
clude at least one battery-operated or
hard-wired smoke detector, in proper
working condItion. on each occupied
level of the unit. Smoke detectors
must be located. to the extent prac-
ticable, In a hallway adjacent to a bed.
room. If the unit Is occupied by hear-
Ing-impaired persons. smoke detectors
must have an alarm system designed
for hearing-Impaired persons In each
bedroom occupied by a hearing-Im-
paired person.
(II) The publ1c areas of all housing
must be equipped with a sufficient
number, but not less than one for each
area, of battery-operated or hard-wired
smoke detectors. Public areas include,
but are not limited to. laundry rooms.
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Agenda Item No. 16A7
July 26, 2005
Page 37 of 62
Otc. of Asst. Secy., Comm. Planning, Develop.. HUD
S 583.300
community rooms. day care centers,
hallways, stairwells. and other com-
mon areas.
(c) Meals. Each recipient of assist-
ance under this part who provides sup-
portive housing for homeless persons
with disabilities must provide meals or
meal preparation facilities for resi-
dents.
(d) Ongoing assessment of supportive
services. Each recipient of assistance
under this part must conduct an ongo-
Ing assessment of the supportive serv-
ices required by the residents of the
project and the availability of such
services. and make adjustments as ap-
propriate.
(el Residential supervision. Each re-
cipient of assistance under this part
must provide residential supervision as
necessary to facilitate the adequate
provision of supportive services to the
residents of the housing throughout
the term of the commitment to operate
supportive housing. Residential super-
vision may Include the employment of
a full- or part-time residential super-
visor with sufficient knowledge to pro-
vide or to supervise the provision of
supportive services to the residents.
(f) ParticipatJon of homeless persons. (1)
Each recipient must provide for the
participation of homeless persons as re-
quired In section 426(g) of the McKin-
ney Act (42 U.S.C. 11386(g)). This re-
quirement is waived If an applicant is
unable to meet It and presents a plan
for HUD approval to otherwise consult
with homeless or formerly homeless
persons in considering and making
policies and decisions. See also
S 583.330(el.
(2) Each recipient of assistance under
thls.part must. to the maximum extent
practicable, Involve homeless Individ-
uals and families. through employ-
ment, volunteer services. or otherwise.
in constructing. rehabilitating, main-
taining. and operating the project and
in providing supportive services for the
project.
(g) Records and reports. Each recipient
of assistance under this part must keep
any records and make any reports (in-
cluding those pertaining to race. eth-
nicity, gender, and disability status
data) that HUD may require within the
timeframe required.
(h) Confidentiality. Each recipient
that provides famUy violence preven-
tion or treatment services must de-
velop and implement procedures to en-
sure:
(1) The confidentiality of records per-
taining to any individual services; and
(2) That the address or location of
any project assisted will not be made
public. except with written authoriza-
tion of the person or persons respon-
sible for the operation of the project.
(I) Termination of housing assistance.
The recipient may terminate assist-
ance to a participant who violates pro-
gram requirements. Recipients should
terminate assistance only In the most
severe cases. Recipients may resume
assistance to a participant whose as-
sistance was previously terminated. In
terminating assistance to a partici-
pant, the recipient must provide a for-
mal process that recognizes the rights
of individuals receiving assistance to
due process of law. This process. at a
minimum. must consist of:
(1) Written notice to the participant
containing a clear statement of the
reasons for termination;
(2) A review of the decision, in which
the participant is given the oppor-
tunity to present written or oral obJec-
tions before a person other than the
person (or a subordinate of that person)
who made or approved the termination
decision: and
(3) Prompt written notice of the final
decision to the participant.
0) Limitation of stay in transitJonal
housing. A homeless Individual or fam-
Ily may remain in transitional housing
for a period longer than 24 months. if
permanent housing for the individual
or family has not been located or if the
Individual or family requires addi-
tional time to prepare for independent
living. However. HUD may discontinue
assistance for a transitional housing
project if more than half of the home-
less Individuals or families remain In
that project longer than Z4 months.
(k) OutpatJent health services. Out-
patient health services provided by the
recipient must be approved as appro-
priate by HUD and the Department of
Health and Human Services (HHS).
Upon receipt of an application that
proposes the provision of outpatient
health services. HUD will consult with
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5583.305
HHS with respect to the approprIate-
ness of the proposed services.
(1) Annual assurances. Recipients who
receive assistance only for leasing, op-
erating costs or supportive services
costs must provide an annual assur-
ance for each year such assistance Is
received that the project will be oper-
ated for the purpose specified in the ap-
plication.
(Approved by the Oftlce of Management and
Budget under control number 2506-0112)
(58 FR 13871. Mar. 15, 1993. as amended at 59
FR 3fi892. July 19. 1994; 61 FR 51116. Sept. 30.
1996]
f 583.305 Term of commitment; repay-
ment of grants; prevention of undue
benefits.
(a) Term of commitment and conversion.
Recipients must agree to operate the
housing or provide supportive services
in accordance with this part and with
sections 423 (b)(1) and (b)(3) of the
McKinney Act (42 V.S.C. 11383(b)(l),
11383 (b)(3)) .
(b) Repayment of grant and prevention
of undue benefits. In accordance with
section 423(c) of the McKinney Act (42
U.S.C. 11383(c)), HUD will require re-
cipients to repay the grant unless HUD
has authorized conversion of the
project under section 423(b)(3) of the
McKinney Act (42 U.S.C. 11383(b)(3)).
[61 FR 51176, Sept. 30. 1996)
f 583.310 Displacement, relocation, and
acquisition.
(a) Minimizing displacement. Con-
sistent with the other goals and obJec.
tives of this part, recipients must as-
sure that they have taken all reason-
able steps to minimize the displace-
ment of persons (families, individuals.
businesses. nonprofit organizations,
and farms) as a result of supportive
housing assisted under this part.
(b) Relocation assistance for displaced
persons. A displaced person (defined In
paragraph (t) of this section) must be
provided relocation assistance at the
levels described in, and in accordance
with. the requirements of the Uniform
Relocation Assistance and Real Prop-
erty Acquisition Policies Act of 1970
(URA) (42 U.S.C. 4601-4655) and imple-
menting regulations at 49 CPR part 24.
Agenda Item No. 16A7
July 26, 2005
Page 38 of 62
24 CFR Ch. V (4-1-04 Edltion)
(c) Real property acquisition require-
ments. The acquisition of real property
for supportive housing Is subject to the
URA and the requirements described In
49 CPR part 24. subpart B.
(d) Responsibility of recipient. (I) The
recipient must certify (J.e.. provide as-
surance of compliance) that it will
comply with the URA, the regulations
at 49 CFR part 24. and the requirements
of this section, and must ensure such
compliance notwithstanding any third
party's contractual obligation to the
recipient to comply with these provi-
sions.
(2) The cost of required relocation as-
sistance is an eligible project cost In
the same manner and to the same ex-
tent as other project costs. Such costs
also may be paid for with local public
funds or funds available from other
sources.
(3) The recipient must maintain
records in sufficient detail to dem-
onstrate compliance with provisions of
this section.
(e) Appeals. A person who disagrees
with the recipient's determination con-
cerning whether the person qualifies as
a "displaced person." or the amount of
relocation assistance for which the per-
son is eligible, may file a written ap-
peal of that determination with the re-
cipient. A low-income person who is
dissatisfied with the recipient's deter.
mination on his or her appeal may sub.
mit a written request for review of that
determination to the HUD field office.
(f) Definition of displaced person. (1)
For purposes of this section, the term
"displaced person" means a person
(family. individual. business. nonprofit
organization, or farm) that moves from
real property, or moves personal prop-
erty from real property permanently as
a direct result of acquisition. rehabili-
tation. or demolition for supportive
housing projects assisted under this
part. The term "displaced person" in.
cludes. but may not be limited to:
(I) A person that moves permanently
from the real property after the prop-
erty owner (or person in control of the
site) issues a vacate notice, or refuses
to renew an expiring lease in order to
evade the responsibility to provide re-
location assistance. if the move occurs
256
Agenda Item No. 16A 7
July 26, 2005
Page 39 of 62
Ofc. of Asst. Secy", Comm. Planning, Develop., HUD
5583.310
on or after the date the recipient sub-
mits to HUD the application or appli-
cation amendment designating the
project site.
(11) Any person, including a person
who moves before the date described in
paragraph (f)(I)(I) of this section. If the
recipient or HUD determines that the
displacement resulted directly from ac-
quisition. rehabl11tation, or demolition
for the assisted project.
(Iii) A tenant-occupant of a dwelling
unit who moves permanently from the
building/complex on or after the date of
the "initiation of negotiations" (see
paragraph (g) of this section) If the
move occurs before the tenant has been
provided written notice offering him or
her the opportunity to lease and oc-
cupy a suitable, decent, safe and sani-
tary dwelling in the same building{
complex, under reasonable terms and
conditions, upon completion of the
project. Such reasonable terms and
conditions must Include a monthly
rent and estimated average monthly
utility costs that do not exceed the
greater of:
(A) The tenant's monthly rent before
the initiation of negotiations and esti-
mated average utility costs. or
(B) 30 percent of gross household in-
come. If the initial rent is at or near
the maximum. there must be a reason-
able basis for concluding at the time
the project Is initiated that future rent
Increases will be modest.
(tv) A tenant of a dwelling who is re-
quired to relocate temporarily. but
does not return to the building/com-
plex, if either;
(A) A tenant Is not offered payment
for all reasonable out-or-pocket ex-
penses incurred in connection with the
temporary relocation, or
(B) Other conditions of the tem-
porary relocation are not reasonable.
(v) A tenant of a dwelling who moves
from the building/complex perma-
nently after he or she has been re-
quired to move to another unit in the
same building/complex. If either;
(A) The tenant is not offered reim-
bursement for all reasonable out-of-
pocket expenses Incurred in connection
with the move; or
(B) Other conditions of the move are
not reasonable.
(Z) Notwithstanding the provisions of
paragraph (f) (1) of this section. a per-
son does not qualify as a "displaced
person" (and is not eligible for reloca-
tion assistance under the URA or this
section), if;
(I) The person has been evicted for se-
rious or repeated violation of the terms
and conditions of the lease or occu-
pancy agreement. violation of applica-
ble Federal. State. or local or tribal
law, or other good cause. and HUD de-
termines that the eviction was not un-
dertaken for the purpose of evading the
obligation to provide relocation assist-
ance:
(ii) The person moved into the prop-
erty after the submission of the appli-
cation and. before signing a lease and
commencing occupancy, was provided
written notice of the project, its pos-
sible impact on the person (e.g.. the
person may be displaced. temporarily
relocated. or suffer a rent Increase) and
the fact that the person would not
qualify as a "displaced person" (or for
any assistance provided under this sec-
tion), If the project Is approved;
(iii) The person Is Ineligible under 49
CFR 24.2(g}(2); or
(Iv) HUD determines that the person
was not displaced as a direct result of
acquisition. rehabilitation. or demoli-
tion for the project.
(3) The recipient may request. at any
time. HUD's determination of whether
a displacement is or would be covered
under this section.
(g) Defin/tJon of initiation of negotia-
tions. For purposes of determining the
formula for computing the replacement
housing assistance to be provided to a
residential tenant displaced as a direct
result of privately undertaken rehabili-
tation. demolition. or acquisition of
the real property. the term "initiation
of negotiations" means the execution
of the agreement between the recipient
and HUD.
(h) Definition of project. For purposes
of this section. the term "project"
means an undertaking paid for in
whole or in part with assistance under
this part. Two or more activities that
are integrally related. each essential to
the others. are considered a single
project. whether or not all component
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5583.315
activities receive assistance under this
part.
[58 FR 13871. Mar. 15, 1993. as amended at 59
FR 36892. July 19. 1994]
~ 583.315 Resident rent.
(a) Calculation of resident rent. Each
resident of supportive housing may be
required to pay as rent an amount de-
termined by the recipient which may
not exceed the highest of:
(I) 30 percent of the family's monthly
adjusted income (acijustment factors
include the number of people in the
family, age of family members, medical
expenses and child care expenses). The
calculation of the family's monthly ad-
justed income must include the ex-
pense deductions provided in Z4 CFR
5.611(a). and for persons with disabil-
ities. the calculation of the famlly's
monthly adjusted income also must in-
clude the disallowance of earned In-
come as provided in Z4 CFR 5.617. If ap-
plicable;
(Z) 10 percent of the family's monthly
gross income; or
(3) If the family is receiving pay-
ments for welfare assistance from a
public agency and a part of the pay-
ments. adjusted in accordance with the
family's actual housing costs, is spe-
cifically designated by the agency to
meet the family's housing costs. the
portion of the payment that Is des-
ignated for housing costs.
(b) Use of rent. Resident rent may be
used in the operation of the project or
may be reserved, in whole or in part. to
assist residents of transitional housing
in moving to permanent housing.
(c) Fees. In addition to resident rent,
recipients may charge residents rea-
sonable fees for services not paid with
grant funds.
[58 FR 13871, Mar. 15, 1993. as amended at 59
FR 3fi892. July 19. 1994; 66 FR 6225. Jan. 19,
2001]
f 583.320 Site control.
(a) Site control. (I) Where grant funds
will be used for acquisition, rehablllta-
tion. or new construction to provide
supportive housing or supportive serv-
ices. or where grant funds will be used
for operating costs of supportive hous-
ing, or where grant funds will be used
to provide supportive services except
Agenda Item No. 16A7.
July 26, 2005
Page 40 of 62
24 CFR Ch. V (4-1-04 Edition)
where an applicant will provide serv-
ices at sites not operated by the appli-
cant. an applicant must demonstrate
site control before HUD will execute a
grant agreement (e.g.. through a deed.
lease. executed contract of sale). If
such site control is not demonstrated
within one year after initial notifica-
tion of the award of assistance under
this part, the grant will be deobUgated
as provided in paragraph (c) of this sec-
tion.
(Z) Where grant funds will be used to
lease all or part of a structure to p~o-
vide supportive housing or supportlve
services, or where grant funds wlll be
used to lease individual housing units
for homeless persons who will eventu-
ally control the units. site control need
not be demonstrated.
(b) Site change. (I) A recipient may
obtain ownership or control of a suit-
able site different from the one specl.
fIed In Its application. Retention of an
assistance award is subject to the new
site's meeting all requirements under
this part for suitable sites.
(Z) If the acquisition. rehabilitation.
acquisition and rehabilitation, or new
construction costs for the substitute
site are greater than the amount of the
grant awarded for the site specified In
the application. the recipient must pro.
vide for all additional costs. If the re-
cipient Is unable to demonstrate to
HUD that it Is able to provide for the
difference In costs. HUD may
deobUgate the award of assistance.
(c) Failure to obtain site control within
one year. HUD will recapture or
deobllgate any award for assistance
under this part if the recipient is not in
control of a suitable site before the ex-
piration of one year after Initial notifl.
cation of an award.
f 683.325 Nondiscrimination and equal
opportunity requirements.
(a) General. Notwithstanding the per-
missibility of proposals that serve des-
ignated populations of disabled home-
less persons, recipients serving a des-
Ignated population of disabled home-
less persons are required, within the
designated population, to comply with
these requirements for nondiscrimina-
tion on the basis of race. color, reli-
gion, sex. national origin, age, famlllal
status. and disability.
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Agenda Item No. 16A7
July 26, 2005
Page 41 of 62
Ole. of Asst. Secy., Comm. Planning. Develop., HUD
5583.330
(b) Nondiscrimination and equal oppor-
tunity requirements. The nondiscrimina-
tion and equal opportunity require-
ments set forth at part 5 of this title
apply to this program. The Indian Civil
Rights Act (25 U.S.C. 1301 et seq.) ap-
plies to tribes when they exercise their
powers of self-government. and to In-
dian housing authorities (IHAs) when
established by the exercise of such
powers. When an IHA is established
under State law. the applicability of
the Indian Civil Rights Act will be de-
termined on a case-by-case basis.
Projects subject to the Indian Civil
Rights Act must be developed and oper-
ated in compliance with its provisions
and all Implementing HUD require-
ments. instead of title VI and the Fair
Housing Act and their Implementing
regulations.
(c) Procedures. (I) If the procedures
that the recipient intends to use to
make known the availability of the
supportive housing are unllkely to
reach persons of any particular race.
color, religion, sex. age, national ori-
gin. familial status, or handicap who
may qualify for admission to the hous-
ing. the recipient must establish addi-
tional procedures that will ensure that
such persons can obtain Information
concerning availability of the housing.
(2) The recipient must adopt proce-
dures to make available Information
on the existence and locations of facili-
ties and services that are accessible to
persons with a handicap and maintain
evidence of Implementation of the pro.
cedures.
(d) Accessibility requirements. The re-
cipient must comply with the new con-
struction accessibility requirements of
the Fair Housing Act and section 504 of
the Rehabilitation Act of 1973, and the
reasonable accommodation and reha-
bilitation accessibility requirements of
section 504 as follows;
(1) All new construction must meet
the accessibility requirements of 24
CFR 8.22 and. as applicable. 24 CFR
100.205.
(2) Projects In which costs of reha-
bllltation are 75 percent or more of the
replacement cost of the building must
meet the requirements of 24 CFR
8.23(a), Other rehabl1ltatlon must meet
the requirements of 24 CFR 8.23(b).
[58 FR 13871, Mar. 15. 1993, as amended at 59
FR 33894. June 30. 1994; 61 FR 5210. Feb. 9.
1996; 61 FR 51176. Sept. 30. 1996)
f 583.330 Applicability of other Federal
reqWreJDents.
In addition to the requirements set
forth in 24 CFR part 5. use of assistance
provided under this part must comply
with the following Federal require-
ments;
(a) Flood insurance. (1) The Flood Dis-
aster Protection Act of 1973 (42 U.S.C.
4001-4128) prohibits the approval of ap-
plications for assistance for acquisition
or construction (including rehabilita-
tion) for supportive housing located In
an area identified by the Federal Emer-
gency Management Agency (FEMA) as
having special fiood hazards. unless;
(0 The community in which the area
is situated is participating in the Na-
tional Flood Insurance Program (see 44
CFR parts 59 through 79), or less than
a year has passed since FEMA notifica-
tion regarding such hazards; and
(ii) Flood insurance is obtained as a
condition of approval of the applica-
tion.
(2) Appllcants with supportive hous-
ing located in an area identified by
FEMA as having special flood hazards
and receiving assistance for acquisition
or construction (including rehabilita-
tion) are responsible for assuring that
flood insurance under the National
Flood Insurance Program Is obtained
and maintained.
(b) The Coastal Barrier Resources
Act of 1982 (16 U.S.C. 3501 et seq.) may
apply to proposals under this part. de-
pending on the assistance requested.
(c) Appllcabillty of OMB Circulars. The
policies. guidelines, and requirements
of OMB Circular No. A-87 (Cost Prin-
ciples Applicable to Grants. Contracts
and Other Agreements with State and
Local Governments) and 24 CFR part 85
apply to the award. acceptance. and
use of assistance under the program by
governmental entities. and OMB Cir-
cular Nos. A-110 (Grants and Coopera-
tive Agreements with Institutions of
Higher Education. Hospitals. and Other
Nonprofit Organizations) and A-122
(Cost Principles Applicable to Grants,
Contracts and Other Agreements with
t
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5583.330
Nonprofit Institutions} apply to the ac-
ceptance and use of assistance by pri-
vate nonprofit organizations, except
where Inconsistent with the provisions
of the McKinney Act, other Federal
statutes, or this part. (Copies of OMB
Circulars may be obtained from E.O.P.
Publications, room 2200, New Executive
Office Building. Washington. DC 20503,
telephone (202) 395-7332. (This Is not a
toll-free number.) There Is a limit of
two free copies.
(d) Lead-based paint. The Lead-Based
Paint Poisoning Prevention Act (42
U.S.C. 4821-4846), the Residential Lead-
Based Paint Hazard Reduction Act of
199Z (42 U.S.C. 4851-4856). and Imple-
menting regulations at part 35, sub-
parts A. B. J. K. and R of this title
apply to activities under this program.
(e) Con/Iicts of interest. (1) In addition
to the conflict of interest requirements
in 24 CFR part 85, no person who is an
employee, agent. consultant. officer, or
elected or appointed official of the re-
cipient and who exercises or has exer-
cised any functions or responsibilities
with respect to assisted activities. or
who Is in a position to participate In a
decislonmaklng process or gain inside
information with regard to such activi-
ties. may obtain a personal or financial
Interest or benefit from the activity. or
have an interest In any contract, sub-
contract. or agreement with respect
thereto. or the proceeds thereunder, ei-
ther for himself or herself or for those
with whom he or she has family or
business ties, during his or her tenure
or for one year thereafter. Participa-
tion by homeless Individuals who also
are participants under the program In
policy or decisionmaklng under
5583.300(0 does not constitute a con-
flict of Interest.
(2) Upon the written request of the
recipient, HUD may grant an exception
to the provisions of paragraph (e)(l) of
this section on a case-by-case basis
when it determines that the exception
wUl serve to further the purposes of
the program and the effective and effi-
cient administration of the reciplent's
project. An exception may be consid-
ered only after the recipient has pro-
vided the following:
(1) For States and other govern-
mental entities, a disclosure of the na-
ture of the conflict, accompanied by an
Agenda Item No. 16/H. .
July 26, 2005
Page 42 of 62
24 CFR Ch. V (4-1-04 Edition)
assurance that there has been public
disclosure of the confiict and a descrip-
tion of how the public disclosure was
made: and
(11) For all recipients, an opinion of
the recipient's attorney that the inter-
est for which the exception is sought
would not violate State or local law.
(3) In determining whether to grant a
requested exception after the recipient
has satisfactorily met the requirement
of paragraph (el (2) of this section, HUD
will consider the cumulative effect of
the following factors. where applicable;
(I) Whether the exception would pro-
vide a significant cost benefit or an es-
sential degree of expertise to the
project which would otherwise not be
available;
(11) Whether the person affected Is a
member of a group or class of eligible
persons and the exception will permit
such person to receive generally the
same interests or benefits as are being
made available or provided to the
group or class;
(iii) Whether the affected person has
withdrawn from his or her functions or
responsibilities, or the decislonmaklng
process with respect to the specific as-
sisted activity In question;
(Iv) Whether the Interest or benefit
was present before the affected person
was In a position as described in para-
graph (e}(l) of this section;
(v) Whether undue hardship will re-
sult either to the recipient or the per.
son affected when weighed against the
public interest served by avoiding the
prohibited conflict: and
(vi) Any other relevant consider-
ations.
(0 Audir. The financial management
systems used by recipients under this
program must provide for audits in ac-
cordance with 24 CFR part 44 or part 45.
as applicable. HUD may perform or re-
quire additional audits as it finds nec-
essary or appropriate.
(g) Davis-Bacon Act. The provisions
of the Davis-Bacon Act do not apply to
this program,
[58 FR 13871, Mar. 15. 1993. as amended at 61
FR 5211. Feb. 9. 1996; 64 FR 50226. Sept. 15.
]9991
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Agenda Item No. 16A7
July 26, 2005
Page 43 of 62
Subpart E-Administration
Ole. or Asst. Secy., Comm. Planning, Develop., HUD
pt. 585
f 583.400 Grant agreement.
(a) General. The duty to provide sup-
portive housing or supportive services
in accordance with the requirements of
this part will be incorporated in a
grant agreement executed by HUD and
the recipient.
(b) Enforcement. HUD wlll enforce the
obligations In the grant agreement
through such action as may be appro-
priate, including repayment of funds
that have already been disbursed to the
recipient.
t 583.4.05 Program changes.
(a) HUD approval. (I) A recipient may
not make any significant changes to an
approved program without prior HUD
approval. Significant changes Include,
but are not limited to, a change in the
recipient, a change in the project site,
additions or deletions In the types of
activities listed in !l 583.100 of this part
approved for the program or a shift of
more than 10 percent of funds from one
approved type of activity to another.
and a change in the category of partici-
pants to be served. Depending on the
nature of the change, HUD may require
a new certification of consistency with
the consolidated plan (see !l583.155).
(Z) Approval for changes is contin-
gent upon the application ranking re-
maining high enough after the ap-
proved change to have been competi-
tively selected for funding in the year
the application was selected.
(b) Documentation of other changes.
Any changes to an approved program
that do not require prior HUD approval
must be fully documented in the recipi-
ent's records.
[58 FR 13871, Mar. 15. 1993. as amended at 61
FR 51176. Sept. 30, 19961
t 583.410 Obligation and deobligation
of funds.
(al OblJsation of funds. When HUD and
the applicant execute a grant agree-
ment. funds are obligated to cover the
amount of the approved assistance
under subpart B of this part. The re-
cipient will be expected to carry out
the supportive housing or supportive
services activities as proposed in the
application.
(b) Increases. After the initial obliga-
tion of funds, HUD wlll not make revi-
sions to increase the amount obligated.
(el DeobligatJon. (1) HUD may
deobligate all or parts of grants for ac-
quisition. rehabilitation. acquisition
and rehabilitation, or new construc-
tion:
(1) If the actual total cost of acquisi-
tion. rehabllltation. acquisition and re-
habllltation. or new construction is
less than the total cost anticipated in
the application: or
(ii) If proposed activities for which
funding was approved are not begun
within three months or residents do
not begin to occupy the facility within
nine months after grant execution.
(Z) HUD may deobligate the amounts
for annual leasing costs, operating
costs or supportive services in any
year:
(i) If the actual leasing costs, oper-
ating costs or supportive services for
that year are less than the total cost
anticipated In the application: or
(Ii) If the proposed supportive hous-
ing operations are not begun within
three months after the units are avail-
able for occupancy.
(3) The grant agreement may set
forth in detail other circumstances
under which funds may be deobligated,
and other sanctions may be Imposed.
(4) HUD may:
(1) Readvertlse the availability of
funds that have been deobllgated under
this section in a notice of fund avail-
ability under !l583.Z00. or
(ii) Award deobligated funds to appli-
cations previously submitted in re-
sponse to the most recently published
notice of fund avaUabillty. and in ac-
cordance with subpart C of this part.
PART 585-YOUTH8UILD PROGRAM
Subpart A-General
ill
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585.1 Authority.
585.2 Program purpose.
585.3 Program components.
585.4 Definitions.
Subpart B [Reserved)
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Subpart C-youthbulld Planning Grants
585.201 Purpose.
585.202 Award limits.
261
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Agenda item No. 16A7
July 26, 2005
Page 44 of 62
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U.S. Department of Housing and Urban Development
Region IV, Miami Field Office
Brickell Plaza Federal Building
909 SE First Avenue, Rm. 500
Miami, FL. 33131-3042
2004 SUPPORTIVE HOUSING PROGRAM
RENEWAL GRANT AGREEMENT
This Grant Agreement is made by and between the United States Department of
Housing and Urban Development (HUD) and Collier County Board of County
Commissioners.2800 N. Horeshoe Drive Suite 400. Naoles. FL 34104, the Recipient,
whose Tax ID number is 59-6000558 for Project NumberFL 14B40-6004lProject
Identifier Number FL 14139 to be located at 2001 Airport Pullina Road South. Naoles.
FL 34112.
The assistance which is the subject of this Grant Agreement is authorized by the
McKinney-Vento Homeless Assistance Act 42 U.S.C. 11381 (hereafter "the Act"). The
term "grant" or "grant funds" means the assistance provided under this Agreement. This
grant agreement will be governed by the Act, the Supportive Housing rule codified at 24
CFR 583, which is attached hereto and made a part hereof as Attachment A, and the
Notice of Funding Availability (NOFA) published May 14. 2004 at 69 FR 26942 and
27497. The term "Application" means the original and renewal application submissions
on the basis of which a Grant was approved by HUD, including the certifications and
assurances and any information or documentation required to meet any grant award
conditions. The Application is incorporated herein as part of this Agreement, however,
in the event of conflict between the provisions of those documents and any provision
contained herein, this Renewal Grant Agreement shall control. The Secretary agrees,
subject to the terms of the Grant Agreement, to provide the grant funds in the amount
specified below for the approved project described in the Application.
Although this agreement will become effective only upon the execution hereof by
both parties, upon execution, the term of this agreement shall run from the end of the
Recipient's final operating year under the original Grant Agreement for a period of --2!!!:
(1) Year . Eligible costs, as defined by the Act and Attachment A, incurred between
the end of Recipient's final operating year under the original Grant Agreement and the
execution of this Renewal Grant Agreement may be paid with funds from the first
operating year of this Renewal Grant.
HUD's total fund obligation for this project is ~104.645, allocated as follows:
1. Grant for Operating $-o~
2. Grant for Supportive Services $-0-
For more information on HUD progrtIImfI and what's new at HUo. visit HUO's Home Page on the World
Wide Web at http://www.hud.gov/
Agenda Item No. 16A7
July 26, 2005
Page 4:5 of 62
5. Grant for Administration
$-0-
$99.662
'4.983
3. Grant for Leasing
4. HMIS
The Recipient must provide a 25 percent cash match for supportive services
pursuant to HUD's FY 2004 Appropriations Act.
The Recipient agrees to comply with all requirements of this Grant Agreement
and to accept responsibility for such compliance by any entities to which it makes grant
funds available.
The Recipient agrees to participate in a local Homeless Management Information
System (HMIS) when implemented.
The Recipient and project sponsor. if any, will not knowingly allow illegal activities
in any unit assisted with grant funds.
For any project funded by this grant which is also financed through the use of the
Low Income Housing Tax Credit, the following applies:
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HUD notifications to the Recipient shall be to the address of the Recipient as
written above, unless HUD is otherwise advised in writing. Recipient notifications to
HUD shall be to the HUD Field Office executing the Grant Agreement. No right, benefit,
or advantage of the Recipient hereunder be assigned without prior written approval of
HUD.
HUD recognizes that the Recipient or the project sponsor will or has
financed this project through the use of the Low-Income Housing Tax
Credit. The Recipient or project sponsor shall be the general partner of a
limited partnership formed for that purpose. If grant funds were used for
acquisition, rehabilitation or construction, then, throughout a period of
twenty years from the date of initial occupancy or the initial service
provision, the Recipient or project sponsor shall continue as general
partner and shall ensure that the project is operated in accordance with
the requirements of this Grant Agreement, the applicable regulations and
statutes. Further, the said limited partnership shall own the project site
throughout that twenty year period. If grant funds were not used for
acquisition, rehabilitation or new construction, then the period shall not be
twenty years, but shall be for the term of the grant agreement and any
renewal thereof. Failure to comply with the terms of this paragraph shall
constitute a default under the Grant Agreement.
A default shall consist of any use of grant funds for a purpose other than as
authorized by this Grant Agreement, failure in the Recipient's duty to provide the
supportive housing for the minimum term in accordance with the requirements of
For more inform.lion on HUO progrIIm.1IIId whet.. fHlW.t HUO, 1I/tIIt HUO" Home PIIf/B on the World
WIde Web.' http://www.hud.golll
Agenda Item No. 16A7
July 26, 2005
Page 4P of 62
Attachment A, noncompliance with the Act or Attachment A provisions, any other
material breach of the Grant Agreement, or misrepresentations in the application
submissions which, if known by HUD, would have resulted in this grant not being
provided. Upon due notice to the Recipient of the occurrence of any such default and
the provision of a reasonable opportunity to respond, HUD may take one or more of the
following actions:
(a) direct the Recipient to submit progress schedules for completing approved
activities; or
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(b) issue a letter of warning advising the Recipient of the default, establishing
a date by which corrective actions must be completed and putting the
Recipient on notice that more serious actions will be taken if the default is
not corrected or is repeated; or
(c) direct the Recipient to establish and maintain a management plan that
assigns responsibilities for carrying out remedial actions; or
(d) direct the Recipient to suspend, discontinue or not incur costs for the
affected activity; or
(e) reduce or recapture the grant; or
(f) direct the Recipient to reimburse the program accounts for costs
inappropriately charged to the program; or
(g) continue the grant with a substitute recipient of HUD's choosing; or
(h) other appropriate action including, but not limited to, any remedial action
legally available, such as affirmative litigation seeking declaratory
judgment, specific performance, damages, temporary or permanent
injunctions and any other available remedies.
No delay or omission by HUD in exercising any right or remedy available to it
under this Grant Agreement shall impair any such right or remedy or constitute a waiver
or acquiescence in any Recipient default.
For each operating year in which funding is received, the Recipient shall file
annual certifications with HUD that the supportive housing has been provided in
accordance with the requirements of the Grant Agreement.
This Grant Agreement constitutes the entire agreement between the parties
hereto, and may be amended only in writing executed by HUD and the Recipient. More
specifically, the Recipient shall not change recipients, location, services, or population
to be served nor shift more than 10 percent of funds from one approved type of activity
to another, or make any other significant change, without the prior written approval of
HUD.
For more Information on HUD programs and what's new at HUD, visit HUD's Home Page on the World
Wide Web at http://www.hud.gov/
Agenda Item No. 16A7
July 26, 2005
Page 417 of 62
SIGNATURES
This Grant Agreement is hereby executed as follows:
UNITED STATES OF AMERICA
Secretary of Housing and Urban Development
By:
Signature and Date
Maria R. Ortiz-Hill
Typed name of signatory
Director, Community Plannina and Develooment. Division
Title
RECIPIENT
Collier County Board of County Commissioners
Name of Organization
By:
Authorized Signature and Date
Typed name of signatory
Title
Susan Golden, 239-213-2901 Fax 239-403-2331
Official Contact Person and Telephone No. and Fax No.
.i\pprcvaa €!S ~o ~orm a fagfc\\
For more informlltlon on HUD programs and what's new st HUD. visit HUD's Home Page on the World
WIde Web at http://www.hud.govl
Agenda Item No. 16A 7
July 26,2005
Page 48 of 62
A -r T A.C ~( Me:-N -( "A /-
r-. Zoo 4 .6.kJAI<.OS
PART 583-SUPPORTIVE HOUSING
PROGRAM
Ofe. of Asst. Seey., Comm. Planning, Develop., HUD 5583.5
Subpart A-General
Sec.
583.1 Purpose and scope.
583.5 Definitions.
Subpart B-Assistance Provided
583.100 Types and uses of assistance.
583.105 Grants for acquisition and rehablll.
tation.
583.110 Grants for new construction.
583.115 Grants for leasing.
583.120 Grants for supportive service costs.
583.125 Grants for operating costs.
583.130 Commitment of grant amounts for
leasing, supportive services. and oper-
ating costs.
583.135 Administratlve costs.
583.140 Technical assistance.
583,145 Matching requirements.
583.150 Limitations on use of assistance.
583.155 Consolidated plan.
Subpart C-Applicatlon and Grant Award
Process
583.200 AppHcatlon and grant award.
583.230 Environmental review.
583.235 Renewal grants.
Subpart D-Program Requirements
583.300 General operation.
583.305 Term of commitment; repayment of
grants; preventlon of undue benefits.
583.310 Displacement, relocation. and acquI.
sition.
583.315 Resident rent.
583.320 Site control.
583.325 Nondiscrimination and equai oppor-
tunity requirements.
583.330 Applicability of other Federal reo
quirements.
Subpart E-Admlnlstrallon
583.400 Grant agreement.
583.405 Program changes.
583.410 Obligation and deobiigatlon of funds.
AUlllORITY; 42 U.S.C. 11389 and 3535(d).
SOURce: 58 FR 13871. Mar. 15. 1993. unless
otherwise noted.
Subpart A-General
f 583.1 Purpose and scope.
(a) General. The Supportive Housing
Program is authorized by title IV of
the Stewart B. McKinney Homeless As-
sistance Act (the McKinney Act) (42
U.S.C. 11381-11389). The Supportive
Housing program is designed to pro-
mote the development of supportive
housing and supportive services. in-
cluding Innovative approaches to assist
homeless persons In the transition
from homelessness. and to promote the
provision of supportive housing to
homeless persons to enable them to
live as independently as possible.
(b) Components. Funds under this part
may be used for:
(I) Transitional housing to facilitate
the movement of homeless Individuals
and families to permanent housing:
(2) Permanent housing that provides
long-term housing for homeless persons
with disabilities;
(3) Housing that Is. or is part of, a
particularly innovative project for. or
alternative methods of. meeting the
immediate and long-tenn needs of
homeless persons; or
(4) Supportive services for homeless
persons not provided in c011.lunction
with supportive housing.
[58 FR 13871. Mar. 15. 1993. as amended at 61
FR 51175, Sept. 30. ] 996J
~ 583.5 Definitions.
As used In this part:
Applicant Is defined In section 422(1)
of the McKinney Act (42 U.S.C.
11382(1)). For purposes of this defini-
tion. governmental entitles Include
those that have general governmental
powers (such as a city or county), as
well as those that have limited or spe-
cial powers (such as public housing
agencies).
Consolidated plan means the plan that
a jurisdiction prepares and submits to
HUD in accordance with 24 CFR part
91.
Date of Initial occupancy means the
date that the supportive housing is ini-
tially occupied by a homeless person
for whom HUD provides assistance
under this part. If the assistance is for
an existing homeless facility, the date
of initial occupancy Is the date that
services are first provided to the resi-
dents of supportive housing with fund-
ing under this part.
Date of initial service provision means
the date that supportive services are
Initially provided with funds under this
part to homeless persons who do not
reside In supportive housing. This defi-
nition applies only to projects funded
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5583.100
under this part that do not provide sup-
portive housing.
Disability Is defined in section 422(2)
of the McKinney Act (42 U.S.C.
11382 (2)) .
Homeless person means an individual
or family that Is described In section
103 of the McKinney Act (42 U.S.C.
11302) .
Metropolitan city Is defined In section
102(a}(4) of the Housing and Commu-
nity Development Act of 1974 (42 V.S.C.
5302(a)(4)). In general. metropolitan cit-
ies are those cities that are eligible for
an entitlement grant under 24 CPR
part 570, subpart D.
New construction means the building
of a structure where none existed or an
addition to an existing structure that
increases the fioor area by more than
100 percent.
Operating costs Is defined In section
422(5) of the McKinney Act (42 V.S.C.
1138Z(5)) .
Outpatient health services is defined In
section 422(6) of the McKinney Act (42
V.S.C. 11382(6)).
Permanent housing for homeless persons
with disabilities is defined in section
424(c) of the McKinney Act (42 U.S.C.
11384(c)) .
Private nonprofit organization Is de-
fined In section 422(7) (A). (B), and (D)
of the McKinney Act (42 U.S.C. 11382(7)
(A). (B), and (D)). The organization
must also have a functioning account-
ing system that is operated in accord-
ance with generally accepted account-
Ing principles. or designate an entity
that wtll maintain a functioning ac-
counting system for the organization
In accordance with generally accepted
accounting principles.
Prcyect Is defined in sections 422(8)
and 424(d) of the McKinney Act (42
U.S.C. 11382(8). 11384 (d)).
Recipient is defined In section 422(9) of
the McKinney Act (42 V.S.C. 11382(9)).
Rehabilitation means the improve-
ment or repair of an existing structure
or an addition to an existing structure
that does not increase the fioor area by
more than 100 percent. Rehabilitation
does not Include minor or routine re-
pairs.
State is defined In section 422(11) of
the McKinney Act (42 V.S.C. 11382(11)).
Agenda Item No. 16A 7
July 26, 2005
Page 49 of 62
24 CFR Ch. V (4- Hl4 Edition)
Supportive housing is defined in sec-
tion 424 (a) of the McKinney Act (42
U.S.C. 11384(a)).
Supportive selVices Is defined in sec-
tion 425 of the McKinney Act (42 V.S.C.
11385) .
Transitional housing Is defined In sec-
tion 424(b) of the McKinney Act (42
V.S.C. 11384(b)). See also 5583.3000).
Tribe is defined In section 102 of the
Housing and Community Development
Act of 1974 (42 U.S.C. 5302).
Urban county is defined in section
102(a)(6) of the Housing and Commu-
nity Development Act of 1974 (42 U.S.C.
5302(a)(6)). In general. urban counties
are those counties that are eligible for
an entitlement grant under 24 CFR
part 570, subpart D.
[61 FR 51175, Sept. 30. 1996)
Subpart B-Asslstance Provided
~ 583.100 Types and uses of BBsistance.
(a) Grant assistance. Assistance in the
form of grants Is available for acquisi-
tion of structures. rehabilitation of
structures. acquisition and rehabilita-
tion of structures, new construction,
leasing. operating costs for supportive
housing. and supportive services. as de-
scribed in 55583.105 through 583.125. Ap-
plicants may apply for more than one
type of assistance.
(b) Uses of grant assistance. Grant as-
sistanCe may be used to:
(1) Establish new supportive housing
faci11t1es or new facUitles to provide
supportive services;
(2) Expand existing facil1ties In order
to Increase the number of homeless
persons served:
(3) Bring existing facilities up to a
level that meets State and local gov-
ernment health and safety standards:
(4) Provide additional supportive
services for residents of supportive
housing or for homeless persons not re-
siding in supportive housing:
(5) Purchase HUD-owned single fam-
ily properties currently leased by the
applicant for use as a homeless facility
under 24 CFR part 291; and
(6) Continue funding supportive hous-
Ing where the recipient has received
funding under this part for leasing.
supportive services. or operating costs.
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Agenda Item No. 16A7
July 26, 2005
Page 50 of 62
Otc. ot Asst. Secy.. Comm. Planning. Develop., HUD
(c) Structures used for multiple pur-
poses. Structures used to provide sup-
portive housing or supportive services
may also be used for other purposes.
except that assistance under this part
will be available only in proportion to
the use of the structure for supportive
housing or supportive services.
(d) Technical assistance. HUD may
offer technical assistance. as described
in S 583.140.
[58 FR 13871. Mar. IS. 1993. as amended at S9
FR 36891. July 19. 1994]
f 583.106 Grants for acquisition and
rehabilitation.
(a) Use. HUD will grant funds to re-
cipients to:
(1) Pay a portion of the cost of the
acquisition of real property selected by
the recipients fOr use In the provision
of supportive housing or supportive
services. including the repayment of
any outstanding debt on a loan made
to purchase property that has not been
used previously as supportive housing
Or for supporti ve services;
(Z) Pay a portion of the cost of reha-
bilitation of structures, including cost-
effective energy measures. selected by
the recipients to provide supportive
housing or supportive services: or
(3) Pay a portion of the cost of acqui-
sition and rehabilitation of structures.
as described In paragraphs (a)(l) and (Z)
of this section.
(b) Amount. The maximum grant
available for acquisition. rehabilita-
tion. or acquisition and rehabllitation
Is the lower of:
(1) $200.000; or
(Z) The total cost of the acquisition,
rehabilitation. or acquisition and reha-
bilitation minus the applicant's con-
tribution toward the cost.
(c) Increased amounts. In areas deter-
mined by HUn to have high acquisition
and rehabllitation costs. grants of
more than $ZOO.OOO. but not more than
$400,000. may be available.
1583.110 Grants for new construction,
(a) Use. HUD will grant funds to re-
cipients to pay a portion of the cost of
new construction, Including cost-effec-
tive energy measures and the cost of
land associated with that construction,
for use In the provision of supportive
housing. If the grant funds are used for
5583.115
new construction. the applicant must
demonstrate that the costs associated
with new construction are substan-
tially less than the costs associated
with rehabllltatlon or that there is a
lack of available appropriate units that
could be rehabilitated at a cost less
than new construction. For purposes of
this cost comparison, costs associated
with rehabilitation or new construc-
tion may Include the cost of real prop-
erty acquisition.
(b) Amount. The maximum grant
available for new construction is the
lower of:
(1) $400.000; or
(2) The total cost of the new con-
struction. Including the cost of land as-
sociated with that construction. minus
the applicant's contribution toward the
cost of same.
1583.115 Grants for leasing_
(a) General. HUD will provide grants
to pay (as described In S 583.130 of this
part) for the actual costs of leasing a
structure or structures, or portions
thereof. used to provide supportive
housing or supportive services for up to
five years.
(b)(l) Leasing structures. Where grants
are used to pay rent for all or part of
structures. the rent paid must be rea-
sonable in relation to rents being
charged In the area for comparable
space. In addition, the rent paid may
not exceed rents currently being
charged by the same owner for com-
parable space.
(Z) Leasing IndivJdual units. Where
grants are used to pay rent for indi-
vidual housing units. the rent paid
must be reasonable in relation to rents
being charged for comparable units,
taking into account the location, size,
type, quality, amenities. facilities. and
management services. In addition, the
rents may not exceed rents currently
being charged by the same owner for
comparable unassisted units. and the
portion of rents paid with grant funds
may not exceed HUD-determined fair
market rents. Recipients may use
grant funds in an amount up to one
month's rent to pay the non-recipient
landlord for any damages to leased
units by homeless participants.
158 FR 13871. Mar. IS. 1993. as amended at 59
FR 36891. July 19. 19941
249
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5583.120
1583.120 Grants for supportive serv-
ices costs.
(a) General. HUD will provide grants
to pay (as described in SS83.130 of this
part) for the actual costs of supportive
services for homeless persons for up to
five years. All or part of the supportive
services may be provided directly by
the recipient or by arrangement with
public or private service providers.
(b) Supportive services costs. Costs as-
sociated with providing supportive
services include salaries paid to pro-
viders of supportive services and any
other costs directly associated with
providing such services. For a transi-
tional housing prqject. supportive serv-
Ices costs also include the costs of serv-
ices provided to former residents of
transitional housing to assist their ad-
Justment to Independent living. Such
services may be provided for up to six
months after they leave the transi-
tional housing facUlty.
[58 FR 13871. Mar. 15. 1993. as amended at 59
FR 36891, July 19. 19941
i 583.125 Grants for operating C08ta.
(a) General. HUD will provide grants
to pay a portion (as described in
!iS83.130) of the actual operating costs
of supportive housing for up to five
years.
(b) Operating costs. Operating costs
are those associated with the day-to-
day operation of the supportive hous-
ing. They also include the actual ex-
penses that a recipient incurs for con-
ducting on-going assessments of the
supportive services needed by residents
and the availability of such services:
relocation assistance under !i583.310, in-
cluding payments and services; and In-
surance.
(c) Recipient match requirement for op-
erating costs. Assistance for operating
costs will be available for up to 75 per-
cent of the total cost In each year of
the grant term. The recipient must pay
the percentage of the actual operating
costs not funded by HUn. At the end of
each operating year. the recipient must
demonstrate that It has met its match
requirement of the costs for that year.
[58 FR 13811. Mar, 15, 1993. as amended at 61
FR 51175. Sept. 30, 1996; 65 FR 30823, May 12.
2000]
Agenda Item No. 16A7
July 26, 2005
Page 51 of 62
24 CFR Ch. V (4-1-04 Edition)
1583.130 Commitment of grant
amounts for leasing, supportive
services. and operating costs.
Upon execution of a grant agreement
covering assistance for leasing. sup-
portive services. or operating costs.
HUD will obligate amounts for a period
not to exceed five operating years. The
total amount obligated will be equal to
an amount necessary for the speclfied
years of operation. less the reclpient's
share of operating costs.
(Approved by the Offica of Management and
Budget under OMB control number 2506-0112)
(59 FR 36891. Juiy 19, 1994)
1583.135 Administrative costa.
(a) General. Up to five percent of any
grant awarded under this part may be
used for the purpose of paying costs of
admInistering the assistance,
(b) Administrative costs. Administra-
tive costs include the costs associated
with accounting for the use of grant
funds. preparing reports for submission
to HUD. obtaining program audits.
similar costs related to administering
the grant after the award, and staff sal-
aries associated with these administra-
tive costs, They do not Include the
costs of carrying out eligible activities
under 5!i583.105 through 583.125.
[58 FR 13871. Mar. 15. 1993. as amended at 61
FR 51175, Sept. 30. 1996)
f 583.140 Technical &88ietance.
(a) General. HUD may set aside funds
annually to provide technical assist-
ance. either directly by HUD staff or
indirectly through third-party pro-
viders. for any supportive housing
project. This technical assistance Is for
the purpose of promoting the develop-
ment of supportive housing and sup-
portive services as part of a continuum
of care approach, Including innovative
approaches to assist homeless persons
in the transition from homelessness.
and promoting the provision of sup-
portive housing to homeless persons to
enable them to live as Independently as
possible.
(b) Uses of technical assistance. HUD
may use these funds to provide tech-
nical assistance to prospective appli-
cants. applicants. reclplents, or other
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Agenda Item No. 16A7
July 26, 2005
Page 52 of 62
Ole. 01 Asst. Seey., Comm. Planning, Develop., HUD
providers of supportive housing or serv-
ices for homeless persons, for sup-
portive housing projects. The assist-
ance may Include. but Is not limited to.
written information such as papers.
monographs. manuals, guides. and bro-
chures; person-to-person exchanges;
and training and related costs.
(c) Selection of providers. From time
to time. as HUn determines the need.
HUD may advertise and competitively
select providers to deliver technical as-
sistance. HUD may enter into con-
tracts, grants, or cooperative agree-
ments, when necessary. to implement
the technical assistance.
(59 FR 36892. July 19. 1994)
i583.145 Matching requirements.
(a) General. The recipient must
match the funds provided by HUD for
grants for acquisition, rehabilitation,
and new construction with an equal
amount of funds from other sources.
(b) Cash resources. The matching
funds must be cash resources provided
to the project by one or more of the
following; the recipient, the Federal
government. State and local govern-
ments. and private resources.
(c) Maintenance of effort. State or
local government funds used in the
matching contribution are subject to
the maintenance of effort requirements
described at S 583.150(a).
~ 583.150 Limitations on use of ll88ist-
ance.
(a) Maintenance of effort. No assist-
ance provided under this part (or any
State or local government funds used
to supplement this assistance) may be
used to replace State or local funds
previously used, or designated for use.
to assist homeless persons.
(b) Faith-based activities. (I) Organiza-
tions that are religious or faith-based
are eligible, on the same basis as any
other organization, to participate In
the Supportive Housing Program. Nei-
ther the Federal government nor a
State or local government receiving
funds under Supportive Housing pro-
grams shall discriminate against an or-
ganization on the basis of the organiza-
tion's religious character or affiliation.
(Z) Organizations that are directly
funded under the Supportive Housing
Program may not engage In inherently
5583.150
religious activities. such as worship,
religious Instruction, or proselytiza-
tion as part of the programs or services
funded under thIs part. If an organiza-
tion conducts such activities. the ac-
tivities must be offered separately. In
time or location, from the programs or
services funded under this part. and
participation must be voluntary for the
beneficiaries of the HUD-funded pro-
grams or services.
(3) A religious organization that par-
ticipates in the Supportive Housing
Program will retain its independence
from Federal. State. and local govern-
ments. and may continue to carry out
its mission. including the definition,
practice. and expression of its religious
beliefs. provided that it does not use di-
rect Supportive Housing Program
funds to support any inherently reli-
gious activities. such as worship. reli-
gious instruction. or proselytizatlon.
Among other things, faith-based orga-
nizations may use space In their facili-
ties to provide Supportive Housing
Program-funded services. without re-
moving religious art. icons, scriptures.
or other religious symbols. In addition.
a Supportive Housing Program-funded
religious organization retains Its au-
thority over its Internal governance.
and It may retain religious terms in Its
organization's name. select its board
members on a religious basis, and in-
clude religious references In its organi-
zation's mission statements and other
governing documents.
(4) An organization that participates
10 the Supportive Housing Program
shall not. In providing program assist-
ance, discriminate against a program
beneficiary or prospective program
beneficiary on the basis of religion or
religious belief.
(5) Program funds may not be used
for the acquisition. construction. or re-
habilitation of structures to the extent
that those structures are used for In-
herently religious activities. Program
funds may be used for the acquisition,
construction. or rehabilitation of
structures only to the extent that
those structures are used for con-
ducting eligible activities under this
part. Where a structure Is used for both
ellglble and Inherently religious activi-
ties, program funds may not exceed the
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5583.155
cost of those portions of the acquIsi-
tion. construction, or rehabilitation
that are attributable to eligible activi-
ties in accordance with the cost ac-
counting requirements appUcable to
Supportive Housing Program funds in
this part. Sanctuaries. chapels. or
other rooms that a Supportive Housing
Program-funded religious congregation
uses as its principal place of worship.
however, are Ineligible for Supportive
Housing Program-funded improve-
ments. Disposition of real property
after the term of the grant. or any
change in use of the property during
the term of the grant. is subject to gov-
ernment-wide regulations governing
real property disposition (see 24 CFR
parts 84 and 85).
(6) If a State or local government vol-
untarily contributes its own funds to
supplement federally funded activities.
the State or local government has the
option to segregate the Federal funds
or commingle them. However, If the
funds are commingled. this section ap-
plies to all of the commingled funds.
(c) Participant control of site. Where an
applicant does not propose to have con-
trol of a site or sites but rather pro-
poses to assist a homeless family or in-
dividual in obtaining a lease. which
may include assistance with rent pay-
ments and receiving supportive serv-
ices. after which time the family or in-
dividual remains in the same housing
without further assistance under this
part, that applicant may not request
assistance for acquisition. rehabilita-
tion. or new construction.
[58 FR 13871. Mar. 15, 1993. as amended at 59
FR 3fi892. July 19, 1993; 68 FR 56407. Sept. 30,
2003]
f 583.155 Conaolidated plan.
(a) Applicants that are States or units
of general local government. The appli-
cant must have a HUD-approved com-
plete or abbreviated consolidated plan.
in accordance with 24 CFR part 91, and
must submit a certification that the
application for funding is consistent
with the HUD.approved consolidated
plan. Funded applicants must certifY in
a grant agreement that they are fol-
lowing the HUD-approved consolidated
plan.
(b) Applicants that are not States or
units of general local government. The
Agenda Item No. 16A 7
July 26, 2005
Page 53 of 62
24 en Ch. V (4-1-04 Edition)
applicant must submit a certification
by the jurisdiction in which the pro-
posed project will be located that the
applicant's application for funding is
consistent with the jurisdiction's HUD-
approved consolidated plan. The cer-
tlflcation must be made by the unit of
general local government or the State.
in accordance with the consistency cer-
tification provisions of the consoli-
dated plan regulations. 24 CFR part 91.
subpart F.
(c) Indian tribes and the Insular Areas
of Guam. the U.s. Virgin Islands. Amer-
ican Samoa. and the Northern Mariana
Islands. These entities are not required
to have a consolidated plan or to make
consolidated plan certifications. An ap-
plication by an Indian tribe or other
applicant for a project that will be lo-
cated on a reservation of an Indian
tribe wlU not require a certification by
the tribe or the State. However, where
an Indian tribe is the appUcant for a
project that will not be located on a
reservation. the requirement for a cer.
tificatlon under paragraph (b) of this
section will apply.
(d) Timing of consolidated plan certifl-
cation submissions. Unless otherwise set
forth in the NOF A, the required certifi-
cation that the application for funding
is consistent with the HUD-approved
consolidated plan must be submitted
by the funding application submission
deadline announced in the NOFA.
[60 FR 16380, Mar. 30. 19951
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Subpart C-Appl1catlon and Grant
Award Process
f 1583.200 Application and lIP'ani award.
When .funds are made available for
assistance, HUD will publish a notice
of funding availability (NOF A) in the
FEDERAL RECISTER. In accordance with
the requirements of Z4 CFR part 4. HUD
will review and screen applications in
accordance with the requirements in
section 426 of the McKinney Act (42
U.S.C. 11386) and the guidelines, rating
criteria. and procedures published in
the NOF A.
[61 FR 51176, Sept. 3D, 1996]
1583.230 Environmental review.
(a) Activities under this part are sub-
ject to HUn environmental regulations
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Agenda Item No. 16A 7
July 26, 2005
Page 54 of 62
Ole. of Aut. Secy.. Comm. Planning, Develop., HUD
in part 58 of this title. except that HUD
will perform an environmental review
in accordance with part 50 of this title
prior to its approval of any condi-
tionally selected applications for Fis-
cal Year 2000 and prior years that were
received directly from private non-
profit entitles and governmental enti-
ties with special or limited purpose
powers. For activities under a grant
that generally would be subject to re-
view under part 58. HUD may make a
finding in accordance with 558.11 (d) and
may Itself perform the environmental
review under the provisions of part 50
of this title if the recipient objects in
writing to the responsible entity's per-
forming the review under part 58. Irre-
spective of whether the responsible en-
tity In accord with part 58 (or HUD in
accord with part 50) performs the envi-
ronmental review, the recipient shall
supply all available. relevant informa-
tion necessary for the responsible enti-
ty (or HUD. if applicable) to perform
for each property any environmental
review required by this part. The re-
cipient also shall carry out mitigating
measures required by the responsible
entity (or HUD, if applicable) or select
alternate eligible property. HUD may
eliminate from consideration any ap-
plication that would require an Envi-
ronmental Impact Statement (EIS).
(b) The recipient. its project partners
and their contractors may not acquire.
rehabilitate. convert. lease. repair, dis-
pose of. demolish or construct property
for a project under this part, or com-
mit or expend HUD or local funds for
such eligible activities under this part.
until the responsible entity (as defined
in 558.2 of this title) has completed the
environmental review procedures re-
quired by part 58 and the environ-
mental certification and RROF have
been approved or HUD has performed
an environmental review under part 50
and the recipient has received HUD ap-
proval of the property. HUD will not
release grant funds if the recipient or
any other party commits grant funds
(J.e.. incurs any costs or expenditures
to be paid or reimbursed with such
funds) before the recipient submits and
HUD approves Its RROF (where such
submission Is required).
[68 FR 56131. Sept. 29, 2003}
S 583.235
f 583.235 Renewal grant..
(a) General. Grants made under this
part. and grants made under subtitles
C and D (the Supportive Housing Dem-
onstration and SAFAH. respectively) of
the Stewart B. McKinney Homeless As-
sistance Act as in effect before October
28. 1992. may be renewed on a non-
competitive basis to continue ongoing
leasing, operations. and supportive
services for additional years beyond
the Initial funding period. To be con-
sidered for renewal funding for leasing,
operating costs. or supportive services,
recipients must submit a request for
such funding in the form specified by
HUD. must meet the requirements of
this part. and must submit requests
within the time period established by
HUD.
(b) Assistance available. The first re-
newal wlll be for a period of time not
to exceed the difference between the
end of the initial funding period and
ten years from the date of initial occu-
pancy or the date of Initial service pro-
vision, as applicable. Any subsequent
renewal will be for a period of time not
to exceed five years. Assistance during
each year of the renewal period, sub-
ject to maintenance of effort require-
ments under 5583.150(a) may be for:
(1) Up to 50 percent of the actual op-
erating and leasing costs in the final
year of the initial funding period:
(2) Up to the amount of HUD assist-
ance for Supportive services in the final
year of the Initial funding period; and
(3) An allowance for cost increases.
(c) HUD review. (1) HUD will review
the request for renewal and will evalu-
ate the recipient's 'performance in pre-
vious years against the plans and goals
established in the Initial application
for assistance, as amended. HUD will
approve the request for renewal unless
the recipient proposes to serve a popu-
lation that Is not homeless, or the re-
cipient has not shown adequate
progress as evidenced by an unaccept-
ably slow expenditure of funds. or the
recipient has been unsuccessful In as-
sisting participants in achieving and
maintaining independent living. In de-
termining the recipient's success in as-
sisting participants to achieve and
maintain Independent living. consider-
ation will be given to the level and
type of problems of participants. For
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5583.300
recipients with a poor record of suc-
cess, HUn wlll also consider the recipi-
ent's willingness to accept technical
assistance and to make changes sug-
gested by technicai assistance pro-
viders. Other factors which will affect
HUD's decision to approve a renewal
request include the following: a con-
tinuing history of inadequate financial
management accounting practices. in-
dications of mismanagement on the
part of the recipient, a drastic reduc-
tion In the population served by the re-
cipient. program changes made by the
recipient without prior HUD approval.
and loss of project site.
(Z) HUD reserves the right to reject a
request from any organization with an
outstanding obligation to HUn that is
In arrears or for which a payment
schedule has not been agreed to. or
whose response to an audit finding Is
overdue or unsatisfactory,
(3) HUD will notify the recipient in
writing that the request has been ap-
proved or disapproved.
(Approved by the Office of Management and.
Budget under control number 2506-0112)
Subpart D-Program Requirements
f 583.300 General operation.
(a) State and local requirements. Each
recipient of assistance under this part
must provide housing or services that
are In compliance with all applicable
State and local housing codes. licens-
ing requirements, and any other re-
quirements In the jurisdiction In which
the project is located regarding the
condition of the structure and the op-
eration of the housing or services.
(b) HabitabJ/Jty standards. Except for
such variations as are proposed by the
recipient and approved by HUD. sup-
portive housing must meet the fol-
lowing requirements:
(I) Structure and materials. The struc-
tures must be structurally sound so as
not to pose any threat to the health
and safety of the occupants and so as
to protect the residents from the ele-
ments.
(2) Access. The housing must be acces-
sible and capable of being utilized
without unauthorized use of other pri-
vate properties. Structures must pro-
vide alternate means of egress In case
of fire.
Agenda Item No. 16A7
July 26, 2005
Page 55 of 62
24 CFR Ch. V (4-1-04 EdUlon)
(3) Space and security. Each resident
must be afforded adequate space and
security for themselves and their be-
longings. Each resident must be pro-
vided an acceptable place to sleep.
(4) Interior air quallty. Every room or
space must be provided with natural or
mechanical ventilation. Structures
must be free of pollutants In the air at
levels that threaten the health of resi-
dents.
(5) Water supply. The water supply
must be free from contamination.
(6) Sanitary fadlJties. Residents must
have access to sufficient sanitary fa-
cilities that are In proper operating
condition, may be used In privacy. and
are adequate for personal cleanliness
and the disposal of human waste.
(7) Thennal environment. The housing
must have adequate heating and/or
cooling facilities in proper operating
condition.
(8) lIIumination and electricity. The
housing must have adequate natural or
artificial l1lumination to permit nor-
mal indoor activities and to support
the health and safety of residents. Suf-
ficient electrical sources must be pro-
vided to permit use of essential elec-
trical appliances while assuring safety
from fire.
(9) Food preparation and refuse dis-
posal. All food preparation areas must
contain suitable space and equipment
to store. prepare, and serve food in a
sanitary manner.
(10) Sanitary condition. The housing
and any equipment must be maintalned
in sanitary condition.
(li) Fire safety. (i) Each unit must in-
clude at least one battery-operated or
hard-wired smoke detector. in proper
working condition, on each occupied
level of the unit. Smoke detectors
must be located. to the extent prac-
ticable, in a hallway adjacent to a bed-
room. If the unit Is occupied by hear-
Ing-impaired persons, smoke detectors
must have an alarm system designed
for hearing-impaired persons In each
bedroom occupied by a hearing-im-
paired person.
(Ii) The public areas of all housing
must be equipped with a sufficient
number. but not less than one for each
area, of battery-operated or hard-wired
smoke detectors. Public areas Include,
but are not limited to. laundry rooms,
254
Agenda Item No. 16A7
July 26,2005
Page 56 of 62
Ote. ot Asst. Secy., Comm. Planning, Develop., HUD
community rooms, day care centers,
hallways. stairwells. and other com-
mon areas.
(c) Meals. Each recipient of assist-
ance under this part who provides sup-
portive housing for homeless persons
with disabilities must provide meals or
meal preparation facilities for resi-
dents.
(d) Ongoing assessment of supportive
services. Each recipient of assistance
under this part must conduct an ongo-
Ing assessment of the supportive serv-
Ices required by the residents of the
project and the avallabillty of such
services. and make adjustments as ap-
propriate.
(e) Residential supervision. Each re-
cipient of assistance under this part
must provide residential supervision as
necessary to facilitate the adequate
provision of supportive services to the
residents of the housing throughout
the term of the commitment to operate
supportive housing. Residential super-
vision may include the employment of
a full- or part-time residential super-
visor with sufficient knowledge to pro-
vide or to supervise the provision of
supportive services to the residents.
(0 Participation of homeless persons. (1)
Each recipient must provide for the
participation of homeless persons as re-
quired in section 426(g) of the McKin-
ney Act (42 U.S.C. 11 386(g)). This re-
quirement Is waived if an applicant is
unable to meet It and presents a plan
for HUD approval to otherwise consult
with homeless or formerly homeless
persons in considering and making
policies and decisions. See also
S 583.330(e).
(2) Each recipient of assistance under
this part must. to the maximum extent
practicable. Involve homeless individ-
uals and families. through employ-
ment, volunteer services. or otherwise.
In constructing. rehabilitating, main-
taining. and operating the project and
In providing supportive services for the
project.
(g) Records and reports. Each recipient
of assistance under this part must keep
any records and make any reports (in-
cluding those pertaining to race. eth-
niclty. gender. and disability status
data) that HUD may require within the
timeframe required.
S 583.300
(h) Confldentiality. Each recipient
that provides family violence preven-
tion or treatment services must de-
velop and implement procedures to en-
sure:
(I) The confidentiality of records per-
taining to any individual services: and
(2) That the address or location of
any project assisted will not be made
public. except with written authoriza-
tion of the person or persons respon-
sible for the operation of the project.
(I) Termination of housing assistance.
The recipient may terminate assist-
ance to a participant who violates pro-
gram requirements. Recipients should
terminate assistance only In the most
severe cases. Recipients may resume
assistance to a participant whose as-
sistance was previously terminated. In
terminating assistance to a partici-
pant, the recipient must provide a for-
mal process that recognizes the rights
of Individuals receiving assistance to
due process of law. This process, at a
minimum. must consist of;
(1) Written notice to the participant
containing a clear statement of the
reasons for termination;
(2) A review of the decision. In which
the participant Is given the oppor-
tunity to present written or oral objec-
tions before a person other than the
person (or a subordinate of that person)
who made or approved the termination
decision: and
(3) Prompt written notice of the final
decision to the participant.
0) Limitation of stay in transitional
housing. A homeless individual or fam-
Ily may remain in transitional housing
for a period longer than 24 months. If
permanent housing for the individual
or family has not been located or if the
Individual or family requires addi-
tional time to prepare for independent
living. However. HUD may discontinue
assistance for a transitional housing
project if more than half of the home-
less Individuals or families remain In
that project longer than 24 months.
(k) Outpatient health services. Out-
patient health services provided by the
recipient must be approved as appro-
priate by HUD and the Department of
Health and Human Services (HHS).
Upon receipt of an application that
proposes the provision of outpatient
health services. HUD will consult with
255
5583.305
HHS with respect to the appropriate-
ness of the proposed services.
(I) Annual assurances. Recipients who
receive assistance only for leasing. op-
erating costs or supportive services
costs must provide an annual assur-
ance for each year such assistance is
received that the project will be oper-
ated for the purpose specified in the ap-
plication.
(Approved by the Office of Management and
Budget under control number Z506-01IZ)
[58 FR 13871. Mar. 15. 1993. as amended at 59
FR 368920 July 19. 199-4; 61 FR 51176, Sept. 30.
19961
t 583.305 Term of commitment; repay-
ment of IJ'llDts; prevention of undue
benefits.
(a) Tenn of commitment and conversion.
Recipients must agree to operate the
housing or provide supportive services
in accordance with this part and with
sections 423 (b)(l) and (b)(3) of the
McKinney Act (42 V.S.C. 11383(b)(1),
11383 (b)(3)) .
(b) Repayment of grant and prevention
of undue benel1ts. In accordance with
section 423(c) of the McKinney Act (42
U.S.C. 11383(c)), HUD will require re-
cipients to repay the grant unless HUD
has authorized conversion of the
project under section 423(b)(3) of the
McKinney Act (42 U.S.C. 11383(b)(3)).
161 FR SlI76, Sept. 30. 1996)
f 583.310 Displacement, relocation, and
acquisition.
(a) Minimizing displacement. Con-
sistent with the other goals and objec-
tives of this part. recipients must as-
sure that they have taken all reason-
able steps to minimize the displace-
ment of persons (families. individuals.
businesses. nonprofit organizations,
and farms) as a result of supportive
housing assisted under this part.
(b) Relocation assistance for displaced
persons. A displaced person (defined in
paragraph (f) of this section) must be
provided relocation assistance at the
levels described in. and in accordance
with, the requirements of the Uniform
Relocation Assistance and Real Prop-
erty Acquisition Policies Act of 1970
(URA) (42 V.S.C. 4601-4655) and Imple-
menting regulations at 49 CFR part 24.
Agenda Item No. 16A 7
July 26, 2005
Page 57 of 62
24 CFR Ch. V (4- 1-(l4 Edition>
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(c) Real property acquisition require-
ments. The acquisition of real property
for supportive housing Is subject to the
URA and the requirements described In
49 CFR part 24, subpart B.
(d) Responsibility of recipient. (1) The
recipient must certify (i.e.. provide as-
surance of compliance) that It wll1
comply with the URA. the regulations
at 49 CFR part 24. and the requirements
of this section. and must ensure such
compliance notwithstanding any third
party's contractual obllgation to the
recipient to comply with these provi-
sions.
(2) The cost of required relocation as-
sistance is an eligible project cost In
the same manner and to the same ex-
tent as other project costs. Such costs
also may be paid for with local public
funds or funds available from other
sources.
(3) The recipient must maintain
records in sufficient detail to dem-
onstrate compliance with provisions of
this section.
(e) Appeals. A person who disagrees
with the recipient's determination con-
cerning whether the person qualifies as
a "displaced person:' or the amount of
relocation assistance for which the per-
son is eligible. may file a written ap-
peal of that determination with the re-
cipient. A low-Income person who is
dissatisfied with the recipient's deter-
mination on his or her appeal may sub-
mit a written request for review of that
determination to the HUn field office.
(!) Del1nition of displaced penon. (1)
For purposes of this section, the term
"displaced person" means a person
(family, individual. business. nonprofit
organization. or farm) that moves from
real property, or moves personal prop-
erty from real property permanently as
a direct result of acquisition, rehabili-
tation. or demolition for supportive
housing projects assisted under thls
part. The term "displaced person" In-
cludes. but may not be limited to:
(l) A person that moves permanently
from the real property after the prop-
erty owner (or person in control of the
site) issues a vacate notice, or refuses
to renew an explrlng lease in order to
evade the responsibility to provide re-
locatlon assistance. If the move occurs
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Agenda Item No. 16A7
July 26, 2005
Page 58 of 62
Ofc. of Asst. Secy., Comm. Planning, Develop., HUD
on or after the date the recipient sub-
mits to HUD the application or appli-
cation amendment designating the
project site.
(ii) Any person. including a person
who moves before the date described In
paragraph (f) (1)(1) of this section. If the
recipient or HUD determines that the
displacement resulted directly from ac-
quisition, rehabllltatlon, or demolition
for the assisted project.
(ill) A tenant-occupant of a dwelling
unit who moves permanently from the
building/complex on or after the date of
the "initiation of negotiations" (see
paragraph (g) of this section) If the
move occurs before the tenant has been
provided written notice offering him or
her the opportunity to lease and oc-
cupy a suitable. decent, safe and sani-
tary dwelllng In the same building/
complex. under reasonable terms and
conditions. upon completion of the
project. Such reasonable terms and
conditions must include a monthly
rent and estimated average monthly
utility costs that do not exceed the
greater of;
(A) The tenant's monthly rent before
the Initlation of negotiations and esti-
mated average utility costs, or
(B) 30 percent of gross household in-
come. If the initial rent is at or near
the maximum, there must be a reason-
able basis for concluding at the time
the project Is Initiated that future rent
increases will be modest.
(iv) A tenant of a dwelling who is re-
quired to relocate temporarily. but
does not return to the building/com-
plex. If either:
(A) A tenant is not offered payment
for all reasonable out-of-pocket ex-
penses incurred In connection with the
temporary relocation, or
(B) Other conditions of the tem-
porary relocation are not reasonable.
(v) A tenant of a dwelling who moves
from the building/complex perma-
nently after he or she has been re-
quired to move to another unit in the
same buildinl9'complex. If either;
(A) The tenant Is not offered reim-
bursement for all reasonable out-of-
pocket expenses Incurred In connection
with the move; or
(B) Other conditions of the move are
not reasonable.
5583.310
(Z) Notwithstanding the provisions of
paragraph (f)(1) of this section, a per-
son does not qualify as a "displaced
person" (and is not eligible for reloca-
tion assistance under the URA or this
section). If:
(I) The person has been evicted for se-
rious or repeated violation of the terms
and conditions of the lease or occu-
pancy agreement, violation of applica-
ble Federal. State, or local or tribal
law, or other good cause. and HUD de-
termines that the eviction was not un-
dertaken for the purpose of evading the
obligation to provide relocation assist-
ance:
(Ii) The person moved into the prop-
erty after the submission of the appli-
cation and. before signing a lease and
commencing occupancy. was provided
written notice of the project, Its pos-
sible impact on the person (e.g.. the
person may be displaced, temporarily
relocated, or suffer a rent Increase) and
the fact that the person would not
qualify as a "displaced person" (or for
any assistance provided under this sec-
tion). if the project is approved;
(Ui) The person Is ineligible under 49
CFR Z4.Z(g)(Z): or
(iv) HUD determines that the person
was not displaced as a direct result of
acquisition, rehabilitation. or demoli-
tion for the project.
(3) The recipient may request, at any
time. HUD's determination of whether
a displacement Is or would be covered
under this section.
(g) Definition of initiation of negotia-
tions. For purposes of determinlng the
formula for computing the replacement
housing assistance to be provided to a
residential tenant displaced as a direct
result of privately undertaken rehabili-
tation. demolition, or acquisition of
the real property. the term "initiation
of negotiations" means the execution
of the agreement between the recipient
and HUD.
(h) Definition of project. For purposes
of this section. the term "project"
means an undertaking paid for In
whole or In part with assistance under
this part. Two or more activities that
are Integrally related. each essential to
the others. are considered a single
project, whether or not all component
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!i583.315
activities receive assistance under this
part.
[58 FR 13871. Mar. is, 1993. as amended at 59
FR 3689Z, July 19. 1994)
~ 583.315 Resident rent.
(a) Calculation of resident rent. Each
resident of supportive housing may be
required to pay as rent an amount de-
termined by the recipient which may
not exceed the highest of:
(1) 30 percent of the family's monthly
adjusted income (adjustment factors
include the number of people in the
family. age of family members, medical
expenses and child care expenses). The
calculation of the famlly's monthly ad-
justed Income must Include the ex-
pense deductions provided in 24 CFR
5.611(a). and for persons with disabil-
ities. the calculation of the family's
monthly adjusted income also must in-
clude the disallowance of earned in-
come as provided in 24 CFR 5.611. If ap-
plicable:
(2) 10 percent of the family's monthly
gross Income; or
(3) If the family is receiving pay-
ments for welfare assistance from a
public agency and a part of the pay-
ments. adjusted in accordance with the
family's actual housing costs. is spe-
cifically designated by the agency to
meet the family's housing costs, the
portion of the payment that Is des-
ignated for housing costs.
(b) Use of rent. Resident rent may be
used In the operation of the project or
may be reserved. in whole or in part. to
assist residents of transitional housing
in moving to permanent housing.
(c) Fees. In addition to resident rent.
recipients may charge residents rea-
sonable fees for services not paid with
grant funds.
[58 FR 13871. Mar. 15, 1993. as amended at 59
FR 36892. July 19. 1994; 66 FR 6225, Jan. 19,
20011
t 583.320 Site control.
(a) Site control. (I) Where grant funds
will be used for acquisition, rehabilita-
tion, or new construction to provide
supportive housing or supportive serv-
ices. or where grant funds will be used
for operating costs of supportive hous-
Ing. or where grant funds will be used
to provide supportive services except
Agenda Item No. 16A7
July 26, 2005
Page 59 of 62
24 CFR Ch. V (4-1-04 Edition)
where an applicant will provide serv-
ices at sites not operated by the appli-
cant, an applicant must demonstrate
site control before HUD wlll execute a
grant agreement (c.g.. through a deed,
lease. executed contract of sale). If
such site control is not demonstrated
within one year after initial notifica-
tion of the award of assistance under
this part. the grant will be deobllgated
as provided in paragraph (c) of this sec-
tion.
(2) Where grant funds will be used to
lease all or part of a structure to pro-
vide supportive housing or supportive
services. or where grant funds wUl be
used to lease Individual housing units
for homeless persons who will eventu-
ally control the units. site control need
not be demonstrated.
(b) Site change. (1) A recipient may
obtain ownership or control of a suit-
able site different from the one speci-
fied In Its application. Retention of an
assistance award is subject to the new
site's meeting all requirements under
this part for suitable sites.
(2) If the acquisition. rehabilitation,
acquisition and rehabilitation. or new
construction costs for the substitute
site are greater than the amount of the
grant awarded for the site specified In
the application, the recipient must pro-
vide for all additional costs. If the re-
cipient is unable to demonstrate to
HUD that it is able to provide for the
difference in costs. HUD may
deobllgate the award of assistance.
(c) Fallure to obtain site control within
one year. HUD will recapture or
deobllgate any award for assistance
under this part if the recipient is not in
control of a suitable site before the ex-
piration of one year after initial notifi-
cation of an award.
t 583.325 Nondiscrimination and equal
opportunity requirements.
(a) General. Notwithstanding the per-
missibility of proposals that serve des-
ignated populations of disabled home-
less persons, recipients serving a des-
ignated population of disabled home-
less persons are required. within the
designated population. to comply with
these requirements for nondiscrimina-
tion on the basis of race. color, reli-
gion, sex, national origin, age, familial
status, and disability.
258
Agenda Item No. 16A7
July 26, 2005
Page 60 of 62
Ofc. of Asst. Secy., Comm. Planning, Develop.. HUD
(b) Nondiscrimination and equal oppor-
tunity requirements. The nondiscrimina-
tion and equal opportunity require-
ments set forth at part 5 of this title
apply to this program. The Indian Civil
Rights Act (25 U.S.C. 1301 et seq.) ap-
plies to tribes when they exercise their
powers of self-government, and to In-
dian housing authorities (IHAs) when
established by the exercise of such
powers. When an IHA is established
under State law. the applicability of
the Indian Civil Rights Act will be de-
termined on a case-by-case basis.
Projects subject to the Indian Civil
Rights Act must be developed and oper-
ated in compliance with Its provisions
and all implementing HUD require-
ments, instead of title VI and the Fair
Housing Act and their implementing
regulations.
(c) Procedures. (I) If the procedures
that the recipient intends to use to
make known the availability of the
supportive housing are unlikely to
reach persons of any particular race.
color, religion, sex. age, national ori-
gin. familial status. or handicap who
may qualify for admission to the hous-
Ing. the recipient must establish addi-
tional procedures that will ensure that
such persons can obtain Information
concerning availability of the housing.
(2) The recipient must adopt proce-
dures to make available information
on the existence and locations of facili-
ties and services that are accessible to
persons with a handicap and maintain
evidence of Implementation of the pro-
cedures.
(d) Accessibility requirements. The re-
cipient must comply with the new con-
struction accessibility requirements of
the Fair Housing Act and section 504 of
the Rehabilitation Act of 1973. and the
reasonable accommodation and reha-
bilitation accessibUlty requirements of
section 504 as follows:
(1) All new construction must meet
the accesslbllity requirements of 24
CFR 8.22 and, as applicable. 24 CFR
100.205.
(2) Projects in which costs of reha-
bilitation are 75 percent or more of the
replacement cost of the building must
meet the requirements of 24 CFR
i 583.330
8.23(a). Other rehabilitation must meet
the requirements of 24 CFR 8.23(b).
[58 FR 13871. Mar. 15. 1993. as amended at 59
FR 33894, June 30. 1994; 61 FR 5210. Feb. 9.
1996; 61 FR 51176. Sept. 30. 1996)
t 683.330 Applicability of other Federal
requirements.
In addition to the requirements set
forth in 24 CFR part 5. use of assistance
provided under this part must comply
with the following Federal require-
ments:
(a) Flood insurance. (1) The Flood Dis-
aster Protection Act of 1973 (42 U.S.C.
4001-4128) prohibits the approval of ap-
plications for assistance for acquisition
or constrUction (including rehabilita-
tion) for supportive housing located in
an area identified by the Federal Emer-
gency Management Agency (FEMA) as
having special flood hazards. unless:
(i) The community in which the area
Is situated is participating In the Na-
tional Flood Insurance Program (see 44
CFR parts 59 through 79). or less than
a year has passed since FEMA notifica-
tion regarding such hazards: and
(il) Flood insurance Is obtained as a
condition of approval of the applica-
tion.
(2) Applicants with supportive hous-
Ing located in an area identified by
FEMA as having special flood hazards
and receiving assistance for acquisition
or construction (including rehabilita-
tion) are responsible for assuring that
flood insurance under the National
Flood Insurance Program is obtained
and maintained.
(b) The Coastal Barrier Resources
Act of 1982 (16 U.S.C. 3501 et seq.) may
apply to proposals under this part, de-
pending on the assistance requested.
(c) Applicability of OMB Circulars. The
policies, guidelines, and requirements
of OMB Circular No. A-i7 (Cost Prin-
ciples Applicable to Grants. Contracts
and Other Agreements with State and
Local Governments) and 24 CFR part 85
apply to the award, acceptance. and
use of assistance under the program by
governmental entities. and OMB Cir-
cular Nos. A-1I0 (Grants and Coopera-
tive Agreements with Institutions of
Higher Education, Hospitals. and Other
Nonprofit Organizations) and A-122
(Cost Principles Applicable to Grants.
Contracts and Other Agreements with
259
5583.330
Nonprofit Institutions) apply to the ac-
ceptance and use of assistance by pri-
vate nonprofit organizations. except
where inconsistent with the provisions
of the McKinney Act. other Federal
statutes. or this part, (Copies of OMB
Circulars may be obtained from E.O.P.
Publications. room ZZOO, New Executive
Office Buildins, Washington. DC Z0503,
telephone (20Z) 395-7332. (This is nota
toll-free number.) There is a limit of
two free copies.
(d) Lead-based paint. The Lead-Based
Palnt Poisoning Prevention Act (42
U.S.C. 48Zi-4846). the Residential Lead-
Based Paint Hazard Reduction Act of
199Z (4Z U.S.C. 4851-4856). and imple-
mentins regulations at part 35. sub-
parts A. B. J, K. and R of this title
apply to activities under this program.
(e) Conflicts of interest. (1) In addition
to the conflict of interest requirements
in Z4 CFR part 85. no person who is an
employee. agent. consultant. officer, or
elected or appointed official of the re-
cipient and who exercises or has exer-
cised any functions or responsibilities
with respect to assisted activities. or
who is in a position to participate In a
decisionmaklngprocess or gain inside
information with regard to such activi-
ties. may obtain a personal or financial
interest or benefit from the activity. or
have an interest in any contract. sub-
contract. or agreement with respect
thereto, or the proceeds thereunder, ei-
ther for himself or herself or for those
with whom he or she has family or
business ties. during his or her tenure
or for one year thereafter. Participa-
tion by homeless Individuals who also
are participants under the program in
policy or declsionmaking under
S583.300(f) does not constitute a con-
fiict of interest.
(Z) Upon the written request of the
recipient. HUn may grant an exception
to the provisions of paragraph (e) (1) of
this section on a case-by-case basis
when it determines that the exception
wlll serve to further the purposes of
the program and the effective and effi-
cient administration of the recIpient's
project. An exception may be consid-
ered only after the recipient has pro-
vided the following:
(i) For States and other govern-
mental entities, a disclosure of the na-
ture of the conflict, accompanied by an
Agenda Item No. 16~ 7
July 26,2005
Page 61 of 62
24 CFR Ch. V (4-1-04 Edition)
assurance that there has been public
disclosure of the conflict and a descrip-
tion of how the public disclosure was
made: and
(ii) For all recipients, an opinion of
the recipient's attorney that the inter-
est for which the exception is sought
would not violate State or local law.
(3) In determining whether to grant a
requested exception after the recipient
has satisfactorily met the requirement
of paragraph (eHZ) of this section. HUD
will consider the cumulative effect of
the following factors. where applicable:
(i) Whether the exception would pro-
vide a significant cost benefit or an es-
sential degree of expertise to the
project which would otherwise not be
available;
(Ii) Whether the person affected Is a
member of a group or class of eligible
persons and the exception will permit
such person to receive generally the
same interests or benefits as are being
made available or provided to the
group or class;
(iil) Whether the affected person has
withdrawn from his or her functions or
responsibilities, or the decisionmaktng
process with respect to the specific as-
sisted activity in question;
(iv) Whether the interest or benefit
was present before the affected person
was in a position as described in para-
graph (e)(1) of this section:
(v) Whether undue hardship will re-
sult either to the recipient or the per-
son affected when weighed against the
public interest served by avoiding the
prohibited conflict: and
(vi) Any other relevant consider-
ations.
(f) Audit. The financial management
systems used by recipients under this
program must provide for audits in ac-
cordance with 24 CFR part 44 or part 45,
as applicable. HUD may perform or re-
quire additional audits as it finds nec-
essary or appropriate.
(g) Davis-Bacon Act. The provisions
of the Davis-Bacon Act do not apply to
this program.
[58 FR 13871. Mar. 15. 1993, as amended at 61
FR 5211. Feb. 9. 1998; &4 FR 50226. Sept. 15,
19991
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Agenda Item No. 16A 7
July 26,2005
Page 62 of 62
Subpart E-Administration
Ole. of Asst. Secy., Comm. Planning, Develop., HUD
PI. 585
t 583.400 Grant agreement.
(a) General. The duty to provide sup-
portive housing or supportive services
in accordance with the requirements of
this part will be incorporated in a
grant agreement executed by HUD and
the recipient.
(b) Enforcement. HUD will enforce the
obligations In the grant agreement
through such action as may be appro-
priate. including repayment of funds
that have already been disbursed to the
recipient.
t 583.405 Program changes.
(a) HUD approval. (I) A recipient may
not make any significant changes to an
approved program without prior HUD
approval. Significant changes Include.
but are not limited to. a change in the
recipient. a change in the project site,
additions or deletions In the types of
activities listed in S 583.100 of this part
approved for the program or a shift of
more than 10 percent of funds from one
approved type of activity to another.
and a change In the category of partici-
pants to be served. Depending on the
nature of the change, HUD may require
a new certification of consistency with
the consolidated plan (see S583.155).
(2) Approval for changes Is contin-
gent upon the application ranking re-
maining high enough after the ap-
proved change to have been competi-
tively selected for funding In the year
the application was selected.
(b) Documentation of other changes.
Any changes to an approved program
that do not require prior HUD approval
must be fully documented in the recipl-
ent's records.
[58 FR 13871. Mar. 15. 1993. as amended at 61
FR 51176, Sept. 30, 1996J
t 583.410 Obligation and deobligation
of funds.
(a) ObJ/gatJon of funds. When HUD and
the applicant execute a grant agree-
ment. funds are obligated to cover the
amount of the approved assistance
under subpart B of this part. The re-
cipient will be expected to carry out
the supportive housing or supportive
services activities as proposed in the
application.
(b) Increases. After the initial obliga-
tion of funds. HUD will not make revi-
sions to increase the amount obligated.
(c) DeoblIgation. (I) HUD may
deobUgate all or parts of grants for ac-
quisition. rehabilitation. acquisition
and rehabilitation. or new construc-
tion:
(I) If the actual total cost of acquisi-
tion, rehabilitation. acquisition and re-
habilitation. or new construction is
less than the total cost anticipated in
the application; or
(ll) If proposed activities for which
funding was approved are not begun
within three months or residents do
not begin to occupy the facl11ty within
nine months after grant execution.
(2) HUD may deobllgate the amounts
for annual leasing costs. operating
costs or supportive services In any
year:
(i) If the actual leasing costs. oper-
ating costs or supportive services for
that year are less than the total cost
anticipated in the application; or
(it) If the proposed supportive hous-
Ing operations are not begun within
three months after the units are avail-
able for occupancy.
(3) The grant agreement may set
forth in detail other circumstances
under which funds may be deobllgated.
and other sanctions may be Imposed.
(4) HUD may:
(I) Readvertise the availability of
funds that have been deobligated under
this section in a notice of fund avail-
ability under S583.200. or
(it) Award deobllgated funds to appli-
cations previously submitted in re-
sponse to the most recently published
notice of fund availability. and in ac-
cordance with subpart C of this part.
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PART 585-YOUTHBUILD PROGRAM
Subpart "'-General
Sec.
585.1 Authority.
585.2 Program purpose.
585.3 Program components.
585.4 Definitions.e
Subpart B (Reserved]
Subpart C-youthbulld Planning Grants
585.201 Purpose.
585.202 Award limits.
261
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Agenda Item No. 16A8
July 26, 2005
Page 1 of 11
EXECUTIVE SUMMARY
Recommendation to approve the application by Sano and Associates, Incorporated, dba High
Velocity, for the Job Creation Investment Program, the Advanced Broadband Infrastructure
Investment Program and the Fee Payment Assistance Program
OBJECTIVE: Approval of the application by Sano and Associates Incorporated, dba High Velocity,
(Sano and Associates) for the Job Creation Investment Program, the Advanced Broadband
Infrastructure Investment Program and the Fee Payment Assistance Program.
CONSIDERATIONS: On November 18, 2003, the Board of County Commissioners adopted
Ordinance No. 2003-59, which is Code of Laws Chapter 49, Article V, establishing the Advanced
Broadband Infrastructure Investment Program, Ordinance No. 2003-60, which is Code of Laws
Chapter 49, Article III, establishing the Job Creation Investment Program and Ordinance No. 2003-61,
which is Code of Laws Chapter 49, Article II, establishing the Fee Payment Assistance Program.
These programs are available to targeted high-wage companies that desire to relocate or expand within
specified areas of Collier County and are designed to reduce the economic effects of increased
development fees as well as relocation and/or expansion costs. The Programs have specific eligibility
requirements including the number of full-time jobs to be created and retained, the average wage of the
jobs, timing of the jobs being in place and the type of business being proposed.
~
On June 30, 2005, Sano and Associates submitted an application to be considered for the Job Creation
Investment . Program,t the Advanced Broadband Infrastructure Investment Program and the Fee
Payment Assistance Program. Sano and Associates is a manufacturer of hurricane protection systems
and will be expanding their business, already located in Collier County, with the construction of a
100,000 square foot manufi1cturing/fabrication building. In their application fur the Economic
Incentive Programs, representatives from Sano and Associates state that: "Offsetting some of the high
costs [of expanding in Collier County] will allow us to put more funds into hiring and training our
expanding employee base. "
Sano and Associates is incorporated in the state of Florida and has been successfully operating in
Collier County for the last ten (10) years as well as doing business as High Velocity since 2002.
Sano and Associates proposes to create sixty-three (63) new jobs in Eastern Collier County, in three
phases, by December 31, 2009, at an average wage of $37,900, which is 116% of Collier County's
2004 average wage. The company is also proposing an initial capital investment of approximately
$9.3 million fur land, a new building and manufacturing related equipment. Based upon the above
commitments, Sano and Associates is eligible for $126,000 in Collier County Job Creation Investment
Program funds to be paid over three consecutive years following creation ofthe jobs.
The applicant has also requested to participate in the Advanced Broadband Infrastructure Investment
Program. The program is available to local companies either constructing a new building or
renovating an existing non-residential building and upgrading it to be a "smart building", facilitating
the installation of advanced broadband technology. They have requested $25,000 of incentive
,,-.
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Sano and Associates. Inc.
Page 2
Agenda Item No. 16A8
July 26, 2005
Page 2 of 11
funds, to be paid in equal amounts of no more than $8,400 per year, over three years. Following the
installation of the system, the participating company may request the first of the authorized incentive
payments. Reimbursements of qualifying costs paid by the County through the Program may never
exceed the actual costs of the installation and/or required equipment and the maximum incentive award
for this Program is $25,000. The funding for this Program does not provide payments or
reimbursements for service costs.
Sano and Associates, Inc. is eligible for Fee Payment Assistance Program funds not to exceed the
dollar amount of the impact fees associated with the project. Based upon the program criteria, the
maximum amount of Fee Payment Assistance funds that may be awarded totals $360,580. The final
impact fee calculation will be completed prior to the issuance of a building permit for the proposed
development.
Staff will prepare the Job Creation Investment Program Agreement, the Advanced Broadband
Infrastructure Investment Program Agreement and the Fee Payment Assistance Program Agreement,
and each will be reviewed by the County Attorney's Office for legal sufficiency. The approved
agreements will be signed by a designee from Sano and Associates, Inc. and by the County Manager
on behalf of Collier County and will be recorded in the Official Records of Collier County.
Sano and Associates, Incorporated, dba High Velocity, meets all of the Advanced Broadband
.,,-.... Infrastructure Investment Program requirements set forth by Ordinance No. 2003-59 in Code of Laws
Chapter 49, Article V, the Job Creation Investment Program requirements set forth by Ordinance No.
2003-60 in Code of Laws Chapter 49, Article In and the Fee Payment Assistance Program
requirements set forth by Ordinance No. 2003-61 in Code of Laws Chapter 49, Article n, as a Targeted
Industry expanding within Collier County. Therefore, approval of this application will help to promote
the creation and retention of jobs in Collier County.
FISCAL IMPACT:
~ Job Creation: The applicant has requested $126,000 of Job Creation Investment incentive
funds, to be paid over three years at the rate of $2,000 per newly created job, to be
implemented in three phases on or before December 31, 2009. Following creation of the
specified jobs, the Company may submit a Request for Funds to the County Manager to be paid
at the beginning of the County's fiscal year following the date that the newly created jobs are
verified to be in place. General Fund revenue was specifically budgeted for the adopted
economic incentives, and thereby funds the Job Creation Investment Program.
~ Broadband Infrastructure: The applicant has requested $25,000 of incentive funds, to be
paid in equal amounts of no more than $8,400 per year over three years. Following the
installation of the system, the participating company may request the first of the authorized
incentive payments. The company must submit copies of the invoices detailing the cost of the
installation along with the request. Additionally, the participating company must pay their
annual ad valorem property taxes to the County, in full, prior to a request for payment.
~
Sano and Associates, Inc.
Page 3
Agenda Item No. 16A8
July 26, 2005
Page 3 of 11
=> Fee Payment Assistance: The final dollar amount of impact fees will not be calculated until
the Building Permit application for the proposed development is submitted, however, based
upon the program criteria Sano and Associates, Inc is currently eligible for Fee Payment
Assistance funds in an amount of $360,580. The actual incentive award may not exceed the
impact fees due and payable for the proposed development. The Fee Payment Assistance
Agreement will stand in lieu of the payment of impact fees at the issuance of the building
permit for the proposed development. Concurrently, a lien will be placed on the subject
property for the dollar amount of the impact fees, which will remain on the property for the
term of the agreement. At the conclusion of the agreement, if all requirements are met, the lien
will then be released from the subject property. If at any time during the term of the agreement
the non-County party is not in compliance with the terms and requirements set forth by the
agreement, they may be found in default and subject to default provisions set forth in
Ordinance No. 2003-61. This incentive award will be funded by General Fund revenue that
was specifically budgeted for the adopted Fee Payment Assistance Program.
The Financial Administration and Housing Department has responsibility for job verification as well as
monitoring program compliance.
The initial capital investment related to this project is estimated to be $9.3 million. In addition, the
creation of the sixty-three (63) new jobs generates a local payroll of approximately $2.4 million
annually.
GROWTH MANAGEMENT IMP ACT: This application is consistent with the Economic Element
of the Growth Management Plan, specifically Objective 1.3 that states: "Collier County will support
programs which are designed to promote and encourage the recruitment of new industry as well as the
expansion and retention of existing industries in order to diversify the County's economic base."
LEGAL CONSIDERATIONS: The Sano and Associates project meets all of the Advanced
Broadband Infrastructure -Investment Program requirements set forth by Ordinance No. 2003-59 in
Code of Laws Chapter 49, Article V, the Job Creation Investment Program requirements set forth by
Ordinance No. 2003-60 in Code of Laws Chapter 49, Article III and the Fee Payment Assistance
Program requirements set forth by Ordinance No. 2003-61 in Code of Laws Chapter 49, Article II, as a
Targeted Industry expanding within Collier County.
RECOMMENDA TJON: That the Board of County Commissioners approve the application by Sano
and Associates Incorporated, dba High Velocity, for the Job Creation Investment Program, the
Advanced Broadband Infrastructure Investment Program and the Fee Payment Assistance Program.
Prepared by: Amy Patterson, Impact Fee Manager, Financial Administration and Housing, CDES
Item Number
Item Summ.ry
Meeting O.te
Agenda Item No. 16AB
July 26. 2005
Page 4 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16AB
Recommendation to approve the application by Sano and Associates, Incorporated doa
High Velocity. farlhe Job Creation Investment Program, the Ad....anced Broadband
Infrastructure Investment Program and the Fee Payment As.sistance Program
7/26/2005900.00 AM
Prepared By
7.17/20051:13:3& PM
A.my Patterson
Comrnunity Dflveloprnent &
Environmental Services.
Oat.
Impac1 FI!'l? Manager
Financial A,hnin. &. Housing
Date
Approved By
Denton Baker
Community Dl?vclopnlent &
Envircmment..1 S~1vi(;(!$
Financial A'dmin & Hous.ing Director
Financial Admin. & Housin9
7/8/20052:02 PM
Date
Apprond By
Sandra Lea
Community Development &
Environlnll:lntal Sl!'rYicl!'S
Executive Secretary
Community Development &
Environmental Services. Admin.
7111/200511:17 AM
Date
Approved By
eOlu-tanef! A. John"on
ComTnunity Devnlorlfnent &.
Environmental Services
Operation", Analyst
Community Oevf!lopment &
Environmental Sel'Vlces Admin.
7i1112005 12:"8 PM
Date
Approved By
Joseph K. Schmitt
Community Development &
Envirunmental SmviCl!!.
Community Development &
Environmental Services Adminstrator
Communltv Development &
Envjro,,"u!ntal Servlcl!!$ Admin.
7/11/20058:04 PM
Oat.
Approved By
Patrick G. White
County Attnmav
AssIstant County Attorney
Countv Attorney Office
7'12/20052:03 PM
D...
Approved By
OMB Coordinator
County Manager's Office
Administrative Assis.tant
Office of Management & Budget
7113/20051"' :09 AM
Date
Approved By
Mark ISllck!!oon
County Manager's Office
Budget Anal:fsl
Office of Management & Budget
7/13/2005 12:23 PM
Date
Approved By
James V. Mudd
Board or County
Commissioners
County Manage,.
County Manager's Offic-e
7l1S/200S4:36 PM
Agenda Item No. 16A8
July 26, 2005
Page 5 of 11
ECONOMIC DEVELOPMENT COUNCIL
OF COLLIER COUNTY
NAPLES, FLORIDA
EVERGLADES CITY. GOLDEN GATE
IMMOKAlEE . MARCO ISLAND
. COLLIER COUNTY
ECONOMIC STIMULUS PROGRAM
ApPLICATION
for
Expanding or New Businesses
Sano & Associates, Inc. dba High Velocity
Name of Business
Expansion of colp offices. mfg and \'Ifarehouse
Project Title (1 -5 word description)
ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY
3050 NORTH HORSESHOE DRIVE, SUITE 120
NAPLES, FLORIDA 34104
(239) 263-8989 · FAX (239) 263-6021
www.eNaDlesFlorida.com
Agenda Item No. 16A8
July 26, 2005
Page 6 of 11
Eme!2Yer Identification
BUSINESS INFORMATION:
c) Name of Parent Company (If applicable):
Sand Associates
d) PrlmalY business unit contact:
Name: Jennifer Hotchkiss TItle: Executive Assistant to CEO
Company-: High Velocity
Address: 3390 Mercantile Ave.. Naples. FL 34104
Phone: ?~Q 4n~ ?AIiO Fax. ?~Q 4n~ ?AIi~
Emall: Jennifer@cateaorvfive.com
e) Busln..s unit's fec:leralemployer identification number: 65 0528654
f) Business unit's unemployment compensation Identification number: 2514181
g) Business unit's Florida sales tax registration number:
h) Business unit's Collier County occupational license number. O?144A
I) List NAICS codes of all activities of the business unit: 332321
Targeted IndustlY: MFG
j) Describe the business unit's primalY buslnees actlvltlealfunctlon:
Manufacturer of hurricane protection systems
2. a) Is the business unit minority owned:
DYES
I!l NO
b) If YES, explain:
3. Business unit's tax year (example: Jan. 1 - Dec. 31): Jan 1 - Dec 31
Project Identification/lnformation
4. a) Is the business unit (please choose one):
o a new busln..s unit to Collier County
IXJ an expansion of an existing Collier County business unit
b) If an expansion, how many COLLIER COUNTY employ..s are currently In the
expanding business unit'? 30
, ElcI8l1ng Collier County employees cannot be Included for COI'l8Ideratlon In certain Incentive awards.
EffecllYe 081011'04 Page 2 of 7
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Agenda Item No. 16A8
July 26, 2005
Page 7 of 11
c) How many Individuals .... employed In ALL Florida locations? 30
d) How many individuals .... employed In ALL domestic anclln18rnational
locations? 30
6. Full project description: Build new 100.000 sa ft manufacturina facility
"
6. Check the .pproprlate box .ncI comp.... the line 1t8m:
l!l project's current location add....:
3390 Mercantile Ave.. Naoles. FL 34104
IX] project's propoMd location .dd.....:
3489 Shearwater St. Naples. FL 34119
7. a) LocatBd on Brownfield SIt8 or in a Brownfield Area? 0 YES (!J NO
(If YES. ..... aIblch . copy of tile orne..- doc:UIMnt that ...1IIIIId ... .,. - . bfOWnfteId .....)
b) Will project be locating or expanding In .n Entarp..... Zone? 0 YES
If YES, which Zone: Dlmmokalee 0 Everglades City
(!J NO
8. Plea.. check the box that best deftnes your project. Answer .) AND b). If
applicable:
a) 0 Multktate business .ntBrp.....
o Multl-nation.1 busl.... .nterprlse
b) 0 Regional headquarters office
o N.tional headquarters office
l!l ln18rnatlonal headquarters office
9. P..... estimate percentage of gross receipts or final ..... resulting from this project
that will be mad. outside of Collier County: 60 %
outside of Florida: 20 %
As additional international partners and distributors are developed. revenue outside of Florida
, will increase significantly. Current partnerships with companies in France, Germany, Italy,
Belise, and Korea
10. Project employment and wages:
a) Total number of net, new full-time equivalent Collier County jobs creatBd by the
project at the busln..s unit indicated abov.: 63
b) Are any employees being transferred from .nother Florida location? 0 YES ~ NO
If YES, how many .nd from where?
11. a) AntIcloat.ed annualized av.rage wage (not including benefits) of the new to Collier
County Jobs created by the project 8t the business unit: $ 37900
Annualized average wage for eXisting Collier County employ...: $
37900
b) Annualized average value of ".".",. associated with each new job created by the
project at the business unit: -0.
(CMh perform.nce bon__ imd oIher ~ ..,...... to the employ8M. auch _ oveftIme, shoUld be Included.
The .nttcI~ .... ..poMd bent .. only .n .......... of the ...... ..... to M paid. The .....lndIaited In
r-.ponM to .., Incentive d1chment, If ...,ucable. will be .... In the ...rdtIwItIon,II8f'MII'ent, IHld cIIIlm
~procea.)
E~ 08i01J04
Page 3 of7
...
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Agenda Item No. 16A8
July 26, 2005
Page 8 of 11
c) If Jobs are to be phased In, provide the date when each ph..e of employment will
be fully Implemented: (Please !1JD!1the pha..s to no more than three consecutive
years, and Job creation to no 1_ than ten lobs In any given year.)
Number of net, new full-time
equivalent Collier County Jobs
created In us suit
24
20
19
63
Phase
Date by which tho_lobs
will be created
I
II
III
TOTAL
I,
12. a) Describe the capital investment In real and personal property:
(examples: construction of new facility; remodeling of facility; upgrading,
replacing or buying new equipment. Do not Include the value of land purchased for
construction of a new building.) Building: $6,500.000
Equipment: $400.000
b) List the anticipated amount (within three (3) years) and type (purchase of
machinery/equipment, construction of buildings, etc.) of major capital Investment
to be made by the applicant In connection with this Collier County project:
Amount $2,100.000 Land (If applicable)
Amount $6.500.000 ConatructlonlRenovatlons
Amount $ 400,000 Manufacturing Equipment
Amount $ 300,000 Other Equipment
Total $ 9.300,000
c) Estimated square feet of new or newly expanded facility: 100.000
13. Anticipated date of beginning of construction for this project: 12101/05
14. Anticipated date project will be In operation: 12/01/06
15. Project Information:
Architect Firm:
Architect Edge, Inc
Architect:
Robert W. lord
Phone:
239.643.4600
Emall:
Engineering Firm:
AI FarooQ Corp
Engineer:
Dr. H. Farooa
Phone:
305.264.8100
Emall:
Contractor:
Kraft Const.
Contractor:
Phone:
Emall:
Fax:
Fax:
Fax:
Effective 08101104
Page 4 of 7
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Agenda Item No. 16A8
July 26, 2005
Page 9 of 11
Project Impact Information
16. What role will the Incentive (or Incentives) play In the decision of the applicant to
locate or expand In Collier County? (If there are other statee/communltles competing
for this project, please IIBt which states/communities and what Incentives are being
offered by thoee states/communities.)
Business continues to growingCollier County and globally. Our sales have exceed our current
I manufacturing capacity. The incentives, if approved would offset the high costs of expanding in Collier
County due to land, construction, and impact fee costs. Offsetting some of these high costs wiD allow us to
put more funds into hiring and training our expanding employee base.
17. a) Provide a brief review of the applicant's past activities In Collier County and In
other states, particularly as they relate to environmental and growth management
impacts and how these have been handled. (Basically, what kind of corporate
citizen has the applicant been?)
Business began in a 1500 sq ft office area on Marco Island with I employy. TIle business expanded to a
12,000 sq ft manufacturing space in Naples with ]2 employees. In less than 3 years the business again
expanded by adding] 2,000 sq. ft. more and added ] 8 more employees. Our business and employees
actively support community efforts through financial and personal commitments. Our business to date has
leased existing space and has had no impact on the growth management plan or environmental concerns
except as the environmental concerns relate to hurricane protection. As we anticipate building a new facility
to meet our long term needs, we plan to locate the facility in an existing industrial park and will maintain
adherence to environmental regulations.
b) Describe any criminal or civil fines, or penalties, and any awards.
NA
You may request that your project information (Including the information contained in this
application) be confidential per F.S. 288.075, Confidentiality of Records.
x YES, we Request Confidentiality
NO, we do not Request Confidentiality
Effective 08101104
Page 5 of 7
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Agenda Item No. 16A8
July 26, 2005
Page 10 of 11
Requirements
Fast Track Permitting Program:
The Fast Track application must be completed In full before consideration I. given.
Statements on the Fast Track Application must be accurate and verifiable. The
Economic Development Council of Collier County CEDC) reviews the application. If
approved, the EDC sends a copy to the appropriate County staff. This application
must be on file with the county offices prior to the scheduling of any pre-
application permit reviews or Site Development Plan submissions.
The Fast Track Permitting Program requires a pre-appllcation meeting with the
Collier County Staff prior to document submls.lon. This meeting Is scheduled by
the Economic Development Council of Collier County In cooperation with the
Engineer of Record.
Upon release of plans by the County, the permit must be picked up within 10
business days of approval.
This application must be filed Dr/orto making the decision to locate a new business unit
in Collier County, or to expand an existing Collier County business unit.
EffecUve 08101104
Page 6 of 7
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Agenda Item No. 16A8
July 26, 2005
Page 11 of 11
Application Completed By:
To the best of my knowledge, the
Information Included In this application Is
accurate.
J~
Officer)
S-rc V c A..-I poSA,J 0
(Print or Type Name of Authorized Officer)
P12.GSI De-n/T
(Print or Type Title of Authorized Officer)
;ltGf/ v€L00/-ry
(Company)
d3C/- ;.JQ$-df050
(Phone Number)
:::;:;~ /I)tI Y Ow /1/ ~
(Print or Type ame)
/Jd~ j 1,).
Print or Type TItle)
#'y J/e tCJC ;iY
(Company)
C;~9 ~o3 ;)660
(Phone Number)
/139 ~(Y3 ~65 3
(Fax Number)
c:J3Q- 403 -dIPS!3
(Fax Number)
:::t:VIWQc..a,ieJ.o~Y61 CeP?
(E-mail Addre8s)
sJe vt'/2 0 U.f~orl/ 5 CD0
(E-mail A reS 8 )
--:Ju Ne (, ;AJe ~
(Date)
(Date)
~A)/~e~ h'19t,hii!~
Con ct Person, f d rent)
.Jiul/i/;'ei€l~:,~~ /() OJ
(E-mail Add ,I d erent)
(Addres8, If different)
(Phone Number, If different)
EfleclYe 08101/04
Page 7 of 7
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Agenda Item No. 16A9
July 26, 2005
Page1of10
EXECUTIVESU~Y
Recommendation to approve an application for participation in the Advanced Broadband
Infrastructure Investment Program by Role Montes, Incorporated
OBJECTIVE: Approval of an application by Hole Montes, Incorporated, a professional engineering
and planning company, for participation in the Advanced Broadband Infrastructure Investment
Program, as set forth by Ordinance No. 2003-59, which is codified as Article V of Chapter 49 of the
Collier County Code of Laws and Ordinances.
CONSIDERATIONS: On November 18, 2003, the Board of County Commissioners adopted
Ordinance No. 2003-59, which established the Advanced Broadband Infrastructure Investment
Program. The program is available to local companies either constructing a new building or
renovating an existing non-residential building and upgrading it to be a "smart building", facilitating
the installation of advanced broadband technology.
"-
On June 7, 2005, Hole Montes, Inc. submitted an application to be considered for the Advanced
Broadband Infrastructure Investment Program for installation of broadband infrastructure at their
offices at 950 Encore Way in North Naples. In their application for the Broadband Program,
representatives from Hole Montes state that: "The incentive will serve to oJftet some of the cost of
adding it [Broadband) to the Naples Office. "
If the Program application is accepted, staff will prepare the Advanced Broadband Infrastructure
Investment Program Agreement that will be reviewed by the County Attorney's Office for legal
sufficiency and will be signed by a designee from Hole Montes, Inc. and by the County Manager on
behalf of Collier County. The Agreement will be recorded in the Official Records of Collier County
and provides for the terms applicable, to the specified funds, including transfer, conveyance, etc., and
defauh provisions.
.
Hole Montes, Inc. meets all of the Advanced Broadband Infrastructure Investment Program
requirements set forth by Ordinance No. 2003-59 in Code of Laws Chapter 49, Article V, and approval
of this application will help to promote the availability of advanced broadband infrastructure enabling
high-speed Internet connectivity to local businesses.
FISCAL IMPACT: The applicant has requested $25,000 of incentive funds, to be paid in equal
amounts of no more than $8,400 per year, per facility, over three years. Following the installation of
the system, the participating company may request the first of the authorized incentive payments. The
company must submit copies of the invoices detailing the cost of the installation along with the
requests. Additionally, the participating company must pay their annual ad valorem property taxes to
the County, in full, prior to a request for payment. Reimbursements of qualifying costs paid by the
County through the Program may never exceed the actual costs of the installation and/or required
equipment and the maximum incentive award for this Program is $25,000. The funding for this
Program does not provide payments or reimbursements for service costs.
',.-.....
Hole Montes - Broadband.
Page 2
Agenda Item No. 16A9
July 26, 2005
Page 2 of 10
GROWTH MANAGEMENT IMP ACT: This application is consistent with the Economic Element
of the Growth Management Plan, specifically Objective 1.3 that states: "Collier County will support
programs which are designed to promote and encourage the recruitment of new industry as well as the
expansion and retention of existing industries in order to diversify the County's economic base."
LEGAL CONSIDERATIONS: Hole Montes, Inc. meets all of the Advanced Broadband
Infrastructure Investment Program requirements set forth by Ordinance No. 2003-59 in Code of Laws
Chapter 49, Article V.
RECOMMENDATION: That the Board of County Commissioners approve the application for
participation in the Advanced Broadband Infrastructure Investment Program by Hole Montes, Inc. and
authorize the County Manager, on behalf of the County, to enter into a County Attorney's Office-
approved Advanced Broadband Infrastructure Investment Program Agreement with the applicant.
Prepared by: Amy Patterson, Impact Fee Manger, Financial Administration and Housing, CDES
Item Number
Item Summary
Meeting Dote
Agenda Item No 16A9
July 26, 2005
Page 3 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A9
Recommendation 10 approve all application for participation in the Advanced Broadband
Infrastruclure investmenl Program by HOle Montes, Incorporafed
7/26120059:00:00 AM
Prepared By
7:'7120051;23:03 PM
Amy ?attenun
Community Development &.
Elwironmental Services
Of\tu
ImJ)act Fee M;lIla~ll!l
FUl.Incial Admin. '" Housing
Dine
Approved By
Denton BakC't
COlYlrnunitv Dt!!vj~I{lJlfne."t &
E'IVitonmmlfal S~rvi(:I!$
Finflnclal Admin &. Hou!iing Director
Financial Admin. &. Housing
718/20054;53 PM
Date
Approved By
Sandr.. Lea
Community Oevcloprfl(mt &
Envimomenbl Sct<Jicf!''S
Executive Secretary
Community De\lclopmp.nL &
EnvJronm~ntal Services Admin.
7/111200511 :19 AM
D..ite
Approved By
CUlllitUrlCiC A.. Johnson
Community Development &
Environmental Services
Oper,Jti(ltls An.liYlit
Community Development &
Enllironmenta;1 Service'SO Admin.
11111200511:44 PM
Date
Approved By
Jo.s.eph K. Schmitt
C(lmmunity Of!velopm(ml &
EnviwlIlnent,ll Sl~rvicf~li
Community Development &
Environmental Services Admin1itralor
Community D.evl!loJlml!llt &
Envimnnwntal SNvkC!$ Adrnin.
7/11/20058:06 PM
Date
Approved By
Patrid: G. White
County Attorncy
As.sistant County Attorney
CounLy Attorney Office
7/1212005 2:03 PM
Dat,~
Approved By
OMB Coordillidor
County Manager's Office
Administrative Assis.t"llt
Office of Management & Budget
7i13120051'1:10 AM
DatE!"
Approved By
Mark ISll(;kson
County Manager's Offic~
8udget Analyst
Office of Management & Budget
1!13/2005 12:29 PM
Date
Approved By
Jam.!$;. v. Mudd
Board of County
Commi~s.iol)ers
Count')! M.ln;lg/!-r
County Manager's Office
7!15/2005 9:46 AM
Agenda Item No. 16A9
July 26, 2005
Page 4 of 10
~..:*
-,~:
ECONOMIC DEVELOPMENT COUNCIL
OF COLLIER COUNTY
NAPLES, FLORIDA
EVERGLADES CITY . GOLDEN GATE
IMMOKALEE . MARCO ISLAND
COLLIER COUNTY '
ECONOMIC STIMULUS PROGRAM
ApPLICATION
for
Expanding or New Businesses
I
Hole Montes
Name of Business
Broadband Installation
Project TItle (1-5 word description)
ECONOMIC DEVELOPMENT COUNCIL OF COLUER COUNTY
3050 NORTH HORSESHOE DRIVE, SUITE 120
NAPLES,F~DA34104
(239) 263-8989 · FAX (239) 263-6021
www.eNaDlesFlorida.com
.,~..: "
L~Oh:D ~iSEiZOne.~lm~. . .,
f!] Non.cmsJI')Ij~MJiQlle~ 'f~f~
'0 ~~;~.aty
:, -...~.:~,..
Agenda Item No. 16A9
July 26, 2005
Page 5 of 10
Eme!2Yer Identification
BUSINESS INFORMATION:
1. a) Name of Business Unit: Hole Montes: Naples Office
b) Mailing Address: 950 Encore Way. Naples. FL 34110
c) Name of Parent Company (If applicable):
d) . Primary busln..s unit contact:
Name: Dan Lima! John Wolski
Company.: Hole Montea
Address: 950 Encore Way. Naples. FL
Phone: ?~A-?fi.d-?Mn
Ems": johnwolskiOholemontes.com
nue: IT Mar/Controler
34110
Fax' ?~A-?M-?nAR
e) Business unit's feeleralemployer Identification number: 59-1518838
f) Business unit's unemployment compensation identification number: 0216985
g) Busll1888 unit's Florida sales tax registration number: 21-8011987457-1
h) Business unit's Collier County occupational license number~ 7.4?1 RA
I) List NAlCS codes of all actlvltt.. of the business unit: 541330
Targeted Industry:
J) Describe the business unit's prtmary buslneas actfvltieaffunctlon:
Engineering Services
2. a) 18 the busln..s unit minority owned:
b) If YES, explain:
3. Buall1888 unit's tax year (example: Jan. 1 - Dec. 31): Jan 1-Dec 31
DYES
I!I NO
Project Identification/Information
4. a) la the business unit (please choose one): NA
o a new bualneaa unit to Collier County
o an expansion of an existing Collier County bualneu unit
-b) If an expansion, how many COLLIER COUNTY employees are currently In the
expanding bus'n... unit'? NA
c) How many Individuals are employed in ALL Florida locations?
, ExIstIng Collier County employees cannot be Included for consideration In certain Incentive awards.
Effecllve 08101104 Page 2 of 7
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Agenda Item No. 16A9
July 26, 2005
Page 6 of 10
d) How many Individuals are employed In ALL domeetlc and International
locations?
5. Full project description: Installation of Broadband for NaDles Office
6. Check the appropriate box and complete the line Item:
I!J ProJecfs current location address:
950 Encore Way. Naples. FL 34110
Project's proposed location addrees:
7. a) Located on Brownfield Site or In a Brownfteld Area? 0 YES !!l NO
[]If YES, pIeae .aach . copy of the official doc:umlInI that deelgnawcl thIe .... .. · brOWnfIeId ......)
b) Will protect be locating or expanding In an Enterprise Zone? 0 YES
If YES, which Zone: Dlmmokalee 0 Everglades City
I!J NO
8. Please check the box that best defines your project. Answer a) ~ b), If
applicable:
a) 0 Multi-state business enterprise
o Multl-natfonal business enterprise
b) I!J Regional headquarters office
o National headquarters office
o International headquarters office
9. Please estimate percentage of gross receipts or final sales resulting from this project
that will be made outside of Collier County:3% %
outside of Florida: 1 % %
10. ProJect employment and wages:
a) Total number of net, new full-time equivalent Collier County Jobs created by the
project at the business unit Indicated above: NA
b) Are any employees being transferred from another florida location? 0 YES 0 NO
If YES, how many and from where? 130
11. a) Antic/Dated annualized average wage (not Including benefits) of the new to Collier
County Jobs created by the project at the business unit: S NA
Annualized average wage for existing Collier County employees: $ _$48,000_
b) Annualized average value of btJnefIt8 888OClatec:I with each new Job created by the
project at the business unit: S12.000
(CUh performence ~ and other cah peymentll to the emplo,.... auch .. overtime. ahould be Included.
The antlclpld8d wage reporl8d here .. only .n .-tII,.. of the .vwage wage to be peId. The..... indicated In
reepona to an Incenttve IIttachnwnt, If IIppllcable, wlH be ~ In the certlftclltlon, .greement, and clelm
_ evalu8llon prOCMS.)
EffectIve 08101104
Page 3 of7
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Agenda Item No. 16A9
July 26, 2005
Page 7 of 10
c) If jobs are to be phased In, provide the date when each pha.e of employment will
be fully Implemented: (Please limit the ph.... to no more than three consecutive
yeara, and job creation to no Ie.. than ten Jobs In any given year.)
Number of net, new full-time Date by which those jobs
Phase equivalent Collier County Jobs
created In bualn_ unit will be created
I NA 12/31/
II NA 12/31/
III 12/31/
TOTAL
12. a) Describe the capltallnvealment In real and personal property:
(examples: construction of new facility; remodeling of facility; upgrading,
replacing or buying new equipment Do not Include the value of land purchased for
construction of a new building.) (Total cost estimate from Sprint for all street to
building expenses, including connectivity equipment at building.)
64.360 (All)
Infra 42,260:Enablina eQuip. 22,000
b) List the anticipated amount (within th.... (3) yesrs) and type (pUrchase of
machinery/equipment, construction of buildings, etc.) of major capital Investment
to be made by the applicant In connection with this Collier County project:
Amount $ Land (If applicable)
Amount $ ConstructlonlRenovatfons
Amount $ Manufacturing Equipment
Amount $64360 Other Equipment
Total $
c) Estimated square feet of new or newly expanded facility: NA
13. Anticipated date of beginning of construction for this project: Julv
14. Anticipated date project will be In operation: Julv
16. Project Information:
Architect Firm:
NA
Architect:
Engineering Firm:
NA
Engineer:
COntractor:
Phone:
Phone:
Contractor:
Kevin Greenwell
Phone:
Sprint
Ernell:
Emall:
Em"':
Kevin.g.areenwell@mall.sprl
Fax:
Fax:
Fax:
E1f8cIIve 08101104
Page 4 of 7
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Agenda Item No. 16A9
July 26, 2005
Page 8 of 10
Project Impact Information
16. What role will the Incentive (or Incentives) play In the decision of the applicant to
locate or expand In Collier County? (If there are other states/communities competing
for this project, please list which state8lcommunltles and what Incentives are being
offered by those state8lcommunltles.)
To add Broadband infrastructure to an existing facility can be an expensive proposition. The incentive will
serve to offset some of the costs of adding it to the Naples office.
17. a) Provide a brief review of the appllcanfs past activities In Collier County and in
other states, particularly as they relate to environmental and growth management
Impacts and how these have been handled. (Basically, what kind of corporate
citizen has the applicant been?)
Hole Montes, both professionally and as a community member. bas always maintained the highest level of
environmental standards in our projects. H.M continues to work locally and regionally on growth
management planning.
b) Describe any criminal or civil fines, or penalties, and any awards.
NA
You may request that your project Information (Including the Information contained In this
application) be confidential per F.S. 288.075, Confidentiality of Records.
x YES, we Request Confidentiality
NO, we do not Request Confidentiality
EffeclIve 08101104
Page 5 017
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Agenda Item No. 16A9
July 26, 2005
Page 9 of 10
Requirements
Fast Track Pennlttlng Program:
The Fast Track application must be completed In full before consideration I. given.
Statements on the Fast Track Application must be accurate and verifiable. The
Economic Development Council of Collier County (EDC) reviews the application. If
approved, the EDC sends a copy to the appropriate County staff. This application
must be on file with the county offices prior to the scheduling of any pre-
application permit reviews or Site Development Plan 8ubml..lons.
The Fast Track Permitting Program requires a pre-appllcation meeting with the
Collier County Staff prior to document subml,,'on. This meeting Is scheduled by
the Economic Development Council of Collier County In cooperation with the
Engineer of Record.
Upon release of plans by the County, the permit must be picked up within 10
business days of approval.
This application must be filed Il!!!lc to making the decision to locate a new business unit
In Collier County, or to exp8nd an existing Collier County bus.n... unit.
Effective 08J01104
Page 6 of 7
-.III
~~
Agenda Item No. 16A9
July 26. 2005
Page 10 of 10
-~//m J )4-
{Siinatu e)
To the best of my knowledge, the
information Included in this application is
accurate.
Application Completed By:
//m · It
ut orlzed Officer)
JohnWolski
(Print or Type Name)
John Wolski
(Print or Type Name of Authorized Officer)
CFOffreasurer
(Print or Type Title)
CFOlTreasurer
(Print or Type TItle of Authorized Officer)
Hole Montes, Inc.
(Company)
Hole Montes, Inc.
(Company)
239254.2000
(Phone Number)
239.254.2000
(Phone Number)
239.254.2098
(Fax Number)
239.254.2098
(Fax Number)
johnwolski@holemontes.com
(E-mail Address)
johnwolski@holemontes.com
(E-mail Address)
6/1/05
(Date)
611105
(Date)
(Contact Person, if different)
(E-mail Address, If different)
(Address, " different)
(Phone Number, " different)
Effective 08101/04
Page 7 of 7
JII
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Agenda Item No. 16A 10
July 26,2005
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners accept the Annual Report on the
activities related to the Job Creation Investment Program, the Advanced Broadband
Infrastructure Investment Program, the Property Tax Stimulus Program, and the Fee Payment
Assistance Program.
OBJECTIVE: Recommendation that the Board of County Commissioners (Board) accept this Annual
Report that provides the current status of previously approved Economic Incentive Programs related to
the following: Job Creation Investment Program, the Advanced Broadband Infrastructure Investment
Program, the Property Tax Stimulus Program, and the Fee Payment Assistance Program.
CONSIDERATIONS: On November 18, 2003, the Board of County Commissioners adopted
Ordinance No. 2003-59, which is Code of Laws Chapter 49, Article V, establishing the Advanced
Broadband Infrastructure Investment Program.; Ordinance No. 2003-60, which is Code of Laws
Chapter 49, Article III, establishing the Job Creation Investment Program; Ordinance No. 2003-61,
which is Code of Laws Chapter 49, Article II, establishing the Fee Payment Assistance Program; and
Ordinance No. 2003-62, which is Code of Laws Chapter 49, Article IV, establishing the Property Tax
Stimulus Program. These programs have an official "start date" of April 19, 2004. The programs are
available to targeted companies that desire to relocate or expand within specified areas of Collier
County and are designed to reduce the economic effects of increased development fees as well as
relocation and/or expansion costs and to diversifY our economy. The Programs have specific
eligibility requirements including the number of full-time jobs to be created and retained, the average
wage of the jobs, timing of the jobs being in place and the type of business being proposed.
The Board of County Commissioners has reviewed and approved each of the individual applications
for the above mentioned programs as .agenda items at regular meetings of the Board. The following is
a breakdown of the names, locations and proposed capital investment ofthe participants for each of the
programs through April 30, 2005:
TABLE 1 - SUMMARY OF APPROVED INCENTIVE APPLICANTS
COMPANY DATE LOCATION # PROPOSED INCENTIVES CAPITAL
APPRVD JOBS INVESTMENT
Advocate Western 60 Tax Stimulus, $1,800,000
Aircraft 12/14/04 Collier County Job Creation,
Broadband
DLC Marine 6/8/04 Immokalee 10 Fee Payment $600,000
Job Creation
Genapol 20 Fee Payment $750,000
Phase 1 1/25/05 Immokalee Job Creation
Broadband
Guadalupe 25 Fee Payment $3,118,000
Center 1/25/05 Immokalee Job Creation,
Broadband
~;,.........
Economic Incentives Annual Report
Page 2
Agenda Item No. 16A 10
July 26, 2005
Page 2 of 4
TABLE 1 - SUMMARY OF APPROVED INCENTIVE APPLICANTS (Cont'd)
COMPANY DATE LOCATION # PROPOSED INCENTIVES CAPITAL
APPRvn JOBS INVESTMENT
March 3/23/04 Western 40 Job Creation $3,250,000
Perfonnance Collier County
Radiology 6/22/04 Western N/A Broadband N/A
Regional Collier County
Skytruck 5/25/04 lmmokalee 30 Fee Payment $4,500,000
and Job Creation
6/22/04 Broadband
Taylor 11/30/04 Eastern Collier 10 Tax Stimulus $1,100,000
Elevator County Job Creation
FISCAL IMP ACT: Upon creation of the required jobs, the companies above are approved to expand
Collier County's employment base by 195 jobs and an annual payroll of approximately $6,790,000.
Additionally, the companies have a proposed initial capital investment of approximately $15 million.
The aforementioned programs will continue for a duration of approximately 2 years with the last
program sun-setting in 2008 unless otherwise extended by the Board of County Commissioners.
The funding for the economic incentives has been budgeted, as directed by the Board of County
Commissioners, through the County Manager. Although the initial applications for participation in the
programs have been approved, incentive awards will not be dispersed until the program requirements
have been met, as set forth in Chapter 49 of the Collier County Code of Laws and Ordinances, and an
agreement between Collier County and the participating company is executed and recorded in the
Official Records of Collier County.
The chart below provides specific information on the estimated dollars in incentive awards
categorized by program that have been applied for through April 30, 2005. Actual incentive award
calculations are not finalized until the official agreement is executed, as described above. This process
ensures that the County has budgeted the potential "maximum" incentive award, based on the
guidelines of the program but then accurately reflects the "actual" incentive award in the binding
agreement. The actual award may never exceed the maximum award that is calculated based on the
program provisions set forth in the Code of Laws and all expenditures require complete supporting
documentation and are subject to annual audits by staff.
Economic Incentives Annual Report
Page 3
Agenda Item No. 16A 10
July 26, 2005
Page 3 of 4
TABLE 2 - SUMMARY OF REQUESTED INCENTIVES
PROGRAM TYPE OF PAYMENTS TOTAL REQUESTED ACTUAL
FROM APPLICANTS EXPENDITURES
Broadband Annual over 3 years after $125,000 $0
installation of technology
Fee Payment Paid at building permit $934,265 $74,000
application
Job Creation Annual over 3 years after $326,000 $0
creation of jo bs
Tax Stimulus Reimbursement after $20,000/year for 10 $0
payment of property taxes years
for 10-15 years (estimated total
$200,000)
GROWTH MANAGEMENT IMP ACT: The Economic Incentive programs are consistent with the
Economic Element of the Growth Management Plan, specifically Objective 1.3 that states: "Collier
County will support programs which are designed to promote and encourage the recruitment of new
industry as well as the expansion and retention of existing industries in order to diversify the County's
economic base."
LEGAL CONSIDERATIONS: The applications for the projects above have previously been
determined to meet the applicable program requirements set forth by Chapter 49 of the Collier County
Code of Laws and Ordinances, as a Targeted Industry expanding within Collier County.
RECOMMENDATION: That the Board of County Commissioners accept this Annual Report related
to the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program,
the Property Tax Stimulus Program, and the Fee Payment Assistance Program that covers the annual
period through April 30, 2005.
Prepared by: Amy Patterson, Impact Fee Manger, Financial Administration and Housing, CDES
Item Number
Item Summary
Meeting Date
Agenda Item No. 16A 10
July 26. 2005
Page 4 01 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A10
Recommendation tt,allhe Board of County Commissioners accept the Annual Report on
the activities related to the Job Creation Investment Program. Ule fl..dvanced Broadband
Infrastr~!clure Investment Program. the Property Tax Stimulus Program, and the Fee
Payment Assistance Program
7/26120059 00 OO.A.M
Prepared By
7n12005 2:44:12 PM
A.rnyPattl!"!Wfl
Community Development &
Environmental ServIces
Date
ltnp;u~t Ft~f! Manager
fin;mclal Admin. & HOUSing
Datil'
Approved By
Dr.nton Bnkf!r
Community DI!\lf!luplllenl &
Environmental SI!tvicel>
financial Admm & HouslOg Director
finotncial Admin. & Housing
7/8/20054:25 PM
Date
Approved By
Sandra Lea
Communily Development &
Environmental Services.
Executive Secretary
Community Development &
Environmental Sen;ices Admil1
7/11/200511:23 AM
Date
Approved By
Con:!;t;.lIl(.l~ A, Jflh'H;Oll
Community Developmetlt &
EnvironmentaISer'Jice!>
Opemfions. An;lly,,&t
Community Development &
Environmental Services Admin,
7!1112005 12:35 PM
DatI'!
Approved By
Joseph K, Schmin
Community D,",vl!'IQpment &
Environment.., Servi(;4!~
Community Development &
Environmental Services Adminstrutor
Community Dcvf!loplO~nt &
Environmental Sf~rv,CC'S Adm~fl
7i1H2QOS 8:18 PM
Date
Approved By
Patrick G, White
County Attorney
Assistant County Attorney
County Attorney Office
7/12/20052:08 PM
DatI'!
Approved By
OMB Coordinator
County Manager's Offu:.e
Admini$tmlivl! As"i!;tant
ONu;€! of Management &. Budg~t
7/t3I2OG511:11 AM
Oab~
Approved By
Mark Isadc$Oll
County Manager's Office
Budget An;?!IY'\1t
Office of ManagemE'nt 8. Budget
7113/200512:39 PM
Oatl~
Approved By
James V. Mudd
Bmud [)f County
Cmnrnissioners
County M.nnnger
County Manager's Office
7/15/20059: S3 AM
-
Agenda Item No. 16A 11
July 26, 2005
Page 1 of 15
EXECUTIVE SUMMARY
Reeommendation to approve the application by Training and Manufacturing Institute,
Incorporated for the Job Creation Investment Program and the Fee Payment Assistance
Program
OBJECTIVE: Approval of the application by Training and Manufacturing Institute, Inc. (TMI) for
the Job Creation Investment Program and the Fee Payment Assistance Program.
CONSIDERATIONS: On November 18, 2003, the Board of County Commissioners adopted
Ordinance No. 2003-60, which is Code of Laws Chapter 49, Article III, establishing the Job Creation
Investment Program and Ordinance No. 2003-61, which is Code of Laws Chapter 49, Article II,
establishing the Fee Payment Assistance Program. These programs are available to targeted high-wage
companies that desire to relocate or expand within specified areas of Collier County and are designed
to reduce the economic effects of increased development fees as well as relocation and/or expansion
costs. The Programs have specific eligibility requirements including the number of full-time jobs to be
created and retained, the average wage of the jobs, timing of the jobs being in place and the type of
business being proposed.
TMI, a "for-profit" entity, submitted an application dated May 4, 2005, to be considered for the Job
Creation Investment Program and the Fee Payment Assistance Program. The project involves the
development of a training and manufacturing facility in Immokalee, Florida and additionally proposes
the following: "Training, retraining, on the job training and specific-skill training will be available to
Immokalee residents."
The Chairman of TMI, Mr. Robert W. Juster, spent two and a half years as a member of the Collier
Health Services Board and has gained valuable "insight" into the needs of the area. Mr. Juster is a past
owner of a millwork/cabinet shop and the co-founder of PC Compatibles, Inc.; which was sold to
NewellJRubbermaid The President of TMI, Mr. Walton W. Burdick, was a Senior Vice-President of
ffiM and a member of the Corporate Management Team. Mr. Burdick haS been in charge of
worldwide training, served on the President's Commission for Employment Policy and is a
distinguished Fellow of the National Academy for Human Resources.
TMI proposes to create twenty (20) new jobs in Collier County, in two phases, by December 31, 2007,
at an average wage of $17,187, which is more than 50% of Collier County's 2004 average wage
required to participate in this program for the Immokalee area. A breakdown of the proposed jobs is
attached as supplemental information to this Executive Summary. The company is also proposing an
initial capital investment of approximately $2.8 million for the construction of the new facility. Based
upon the above commitments, TMI is eligible for $60,000 in Collier County Job Creation Investment
Program funds to be paid over three consecutive years following creation of the jobs.
,...-..
TMI is also eligible for the Fee Payment Assistance Program funds not to exceed the dollar amount of
the impact fees associated with the project. Based upon the program criteria, the maximum amount of
Fee Payment Assistance funds that may be awarded totals $196,732. The final impact fee calculation
will be completed prior to the issuance of a building permit for the proposed development.
Tmining and Manufacturing Institute, Inc.
Page 2
Agenda Item No. 16A 11
July 26, 2005
Page 2 of 15
Staff will prepare the Job Creation Investment Program Agreement and the Fee Payment Assistance
Program Agreement, and each will be reviewed by the County Attorney's Office for legal sufficiency.
The approved agreements will be signed by a designee from TMI and by the County Manager on
behalf of Collier County and will be recorded in the Official Records of Collier County.
TMI meets all of the Job Creation Investment Program requirements set forth by Ordinance No. 2003-
60 in Code of Laws Chapter 49, Article III and the Fee Payment Assistance Program requirements set
forth by Ordinance No. 2003-61 in Code of Laws Chapter 49, Article II, as a Targeted Industry
expanding within Collier County. Therefore, approval of this application will help to promote the
creation and retention of jobs in Collier County.
FISCAL IMPACT:
=> Job Creation: The applicant has requested $60,000 of Job Creation Investment incentive
funds, to be paid over three years at the rate of $3,000 per newly created job, to be
implemented in three phases on or before December 31, 2007. Following creation of the
specified jobs, the Company may submit a Request for Funds to the County Manager to be paid
at the beginning of the County's fiscal year following the date that the newly created jobs are
verified to be in place. General Fund revenue was specifically budgeted for the adopted
economic incentives, and thereby funds the Job Creation Investment Program.
=> Fee Payment Assistance: The final dollar amount of impact fees will not be calculated until
the Building Permit application for the proposed development is submitted, however, based
upon the program criteria TMI is currently eligible for Fee Payment Assistance funds in an
amount of $196,732. The actual incentive award may not exceed the impact fees due and
payable for the proposed development. The Fee Payment Assistance Agreement will stand in
lieu of the payment of impact fees at the issuance of the building permit for the proposed
development. Concurrently, a lien will be placed on the subject property for the dollar amount
of the impact fees, which will remain on the property for the term of the agreement. At the
conclusion of the agreement, if all requirements are met, the lien will then be released from the
subject property. If at any time during the term of the agreement the non-County party is not in
compliance with the terms and requirements set forth by the agreement, they may be found in
default and subject to default provisions set forth in Ordinance No. 2003-61. This incentive
award will be funded by General Fund revenue that was specifically budgeted for the adopted
Fee Payment Assistance Program.
The Financial Administration and Housing Department has responsibility for job verification as well as
monitoring program compliance
The initial capital investment related to this project is estimated to be $2.8 million for the facility being
constructed at the Trade Port Technology Park in Irnrnokalee. In addition, the creation of the twenty
(20) new jobs generates a local payroll of approximately $343,740 annually.
Training and Manufactming Institute, Inc.
Page 3
Agenda Item No. 16A 11
July 26, 2005
Page 3 of 15
GROWTH MANAGEMENT IMP ACT: This application is consistent with the Economic Element
of the Growth Management Plan, specifically Objective 1.3 that states: "Collier County will support
programs which are designed to promote and encourage the recruitment of new industry as well as the
expansion and retention of existing industries in order to diversify the County's economic base."
LEGAL CONSIDERATIONS: The TMI project meets all of the Job Creation Investment Program
requirements set forth by Ordinance No. 2003-60 in Code of Laws Chapter 49, Article ill and the Fee
Payment Assistance Program requirements set forth by Ordinance No. 2003-61 in Code of Laws
Chapter 49, Article II, as a Targeted Industry expanding within Collier County.
RECOMMENDATION: That the Board of County Commissioners approve the application by
Training and Manufacturing Institute, Inc. for the Job Creation Investment Program and the Fee
Payment Assistance Program.
Prepared by: Amy Patterson, Impact Fee Manager, Financial Administration and Housing, CDES
ttem Number
Item Summary
Meeting Oa1e
Agenrla Item No 16A 11
July 26 2005
Page 4 of 15
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1SA11
Recommendation to approve the application Ily Training and Manufacturing Institute
Incorporated for the Job Creation Investment Program and the Fee Payment Assistance
Program
7126120059:00.00 AM
Pr~pared By
7/1120051:07:57 PM
Amy Patterson
COlllfnunlty Deve-I(lJlrn~nt &
EnVIronmental Services
On.
Impact Fer. Man~ger
fmOllnr.ial Admin..\ Housing
Date
Apprond By
Denton Baker
Commwlity Or.vf!lopmcnt &
Environment<lISf!r'ljc(!."
FinanGial Admin & Housing Direc.tor
financial Admin. & Housing
7!8/2005 2:07 PM
Date
Approved By
Sandra Lea
Community Development &
Environmental Sf!'YV ice's
Ex.ecutive Secretary
Community Development &
EnvIronmental Services Admin.
7f11!200511:35 AM
D;ate
Approved By
COlutance A. Johnson
Community D~vl~l(lprnetlt &
Environmental Services
Operations Analyst
Comrrn.mity DI!Vl!!I()p!fl~nt &
Environlnental Services Admin.
7i11:2005 12:&1 PM
Date
Approved By
Jo.s.eph K. Schmitt
Community Oevc-lopment &
Enviwmnent;d Sl~tvicl~!.
Community Development &
ElwironOlentnl Services Adminstratof
Communily Devt>lopmr:nt &
Enviml\t'UI!Iltal S~r"j(:~$ Admin.
7/11120015 8:02 PM
Date
Approved By
Patrick G. \Nhite
County Attornl~)'
Assistant County Ahomey
Counly Attorney OfficI?'
7!1212005 2:02 PM
D;ate
Approved By
OMS Coordinator
County Manager's Office
Administrative A",sls.tant
OHice 01 Management & Budget
7;13/200511:09AM
Datl?'
Appro,,~d By
Mark hHlCk'i.on
County Manager's OHief!
Budget Anal)''St
Office of Management & Budget
7113/200512:09 PM
Date
Approved By
James V. Mudd
Board 01 Counry
C(lmml!isioners
County Manager
County Manager.... Offict"
7/15/200512:57 PM
Agenda Item No. 16A 11
July 26, 2005
Page 5 of 15
Job Creation Schedule TMI
Year created Job Title Salary
2006 Lead trainer 40,000
2006 Property Mgr 17,000
2006 Language Tr. 17,000
2006 AlC Trainer 17,000
2006 Cabinet Tr. 17,000
2007 Production 17,000
2007 Production 17,000
2007 Production 17,000
2007 Production 17,000
2007 Production 17,000
2007 Carpenter 17,000
2007 Carpenter 17,000
2007 Carpenter 17,000
2007 Carpenter 17,000
2007 Carpenter 17,000
2007 Stonerrile Inst. 17,000
2007 Stonerrile Inst 17,000
2007 Stonerrile Inst. 17,000
2007 Stonerrile Inst 17,000
2007 Stone/tile Inst 17,000
Agenda Item No. 16A 11
July 26, 2005
Page 6 of 15
ECONOMIC DEVELOPMENT COUNCIL
OF COLLIER COUNTY
NAPLES, FLORIDA
EVERGLADES CITY. GOLDEN GATE
IMMOKALEE . MARCO ISLAND
COLLIER COUNTY
ECONOMIC STIMULUS PROGRAM
ApPLICATION
for
Expanding or New Businesses
Training and Manufacturtng Institute, Inc.
Name of Business
T...1n Employ... for ManufacturtngIConatructlon
Project rltfe (1-5 word description)
ECONOMIC DEVELOPMENT COUNCIL OF COLUER COUNTY
3050 NORTH HORSESHOE DRIVE, SUITE 120
NAPLES, FLORIDA 34104
(239) 263-8989. FAX (239) 263-6021
www.eNaDlesFlorida.com
--- ::
1..CaJQn: !!J ~z... -......
o -:,;.,.,.. T......-,
o ......... Zone.. e.... CIty
Agenda Item No. 16A 11
July 26, 2005
Page 7 of 15
Eme!.2Yer Identification
BUSINESS INFORMATION:
1. a) Name of Business Unit: Training and Manufacturing Institute, Inc.
b) Mailing A~dress: 6225 Reserve Circle, # 1103, Naples, FL 34119
c) Name of Parent Company (If applicable): nla
d) Primary business unit contact:
Name: Robert W. Juster & Walton E. Burdick Title: Chairman & President
Company:: above
Address: above
Phone: ?~Q 4fifi-?1 ~R Fax. ?~Q 4fifi-7~n
Emall: justcobob@aol.com
e) Business unit's federal employer Identification number: 42-1667485
f) Business unit's unemployment compensation Identification number: nla
g) Business unit's Florida sales tax registration number: nla
h) Business unit's Collier County occupational license number. n/A
i) List NAlCS codes of all8Ctlvlt1e8 of the business unit: 611513
Targeted Industry:
j) Describe the business unit's primary business actlvttlesffunctlon:
Train employees for Manufacturing and Construction
2. .) Is the buslne.. unit minority owned:
DYES
[!] NO
b) If YES, explain:
3. Business unit's tax year (example: Jan. 1 - Dec. 31): Jan 1- Dec. 31
Project Identification/Information
4. a) Is the buslnees unit (pleaBe choose one):
\!J a new business unit to Collier County
o an' expansion of an existing Collier County business unit
b) If an expansion, how many COLLIER COUNTY employees are currently In the
expanding busln.s unit'?
1 Existing Collier County employees cannot be Included for consideration In certain Incentive awards.
Effecttve 08/01104 Page 2 of 8
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Agenda Item No. 16A 11
July 26, 2005
Page 8 of 15
c) How many indlvidua...... employed In ALL Florida location.? None Vet
d) How many Indlvldua" .... employed In ALL domMtlc .nd In"~9nal
location.? Non- Vet
5. Full project de.crlptlon: See the attached obiectives for TMI and the mission statement
for the Training Provider division.
6. Check the appropriate box and compl_ the line Item:
o P~f.cunent~donadd~:
IX] 2206 Tradepert Parkway (Aari Blvd.)
project'. proposed location add.....: .
7. a) Located on Brownfield 81te or In a Brownfield Area? 0 YES ~ NO
(If YD, ....... ...... a copJ of the oIIIl*I doc......... delIIgnIIIIICI ..... ... _ a brwmtIeId ......)
b) win project be locating or expanding In an Ent8rp..... Zone? [!] YES
If YES, which Zone: l!1lmmok.... 0 Everglade. City
DNO
8. Plea.. check the box that best defines your project. An.wer .) N.JR. b), If
applicable:
a) 0 Multl..ta.. bualneu enterp.....
o Multl-natlonal busln_ enterprise
b) (!] Regional headquarters otIIce
o Natlon.1 headquar18rs office
o In"matlonal headquarters office
9. Please ..tlmate percentage of gron NCelpta or final ..... ....ulting from this project
that will be made outside of Collie, County: 0 % .
outside of Florida: 0 %
10. Project employment and wag..:
a) Total number of net, new full-time equivalent CoI.ler County jobe c....ted by the
project at the buslnes. unit Indicated above: ProJect8cI 20
b) Are any employees being transferred from .nother Florida location? DYES 1&1 NO
If YES, how many and from where? CON to helD In tralnlna from NaDI..
11. a) Antic/Dated .nnuallzed .verage wage (not Including benefits) of the new to Collier
County Jobs created by the project at "'e bual..... unit: S 16.000
Annualized average wage for exJstlng Collier County employ...: $
unknown
b) Annualized .verage v.l.... of benflflts associated with each new Job c....ted by the
project at the busll1M. un~: 20 to 300Aa
(c.ta performance ~ and __ ca.h ..,.... to the ~ lIUCh _ o~..., Mould be Included.
The anllclpallld wage reporl8d .... "only 11ft ......... of the ."..... .... to be ..lei. The .....lndIubN:Iln
,..ponae to an Incentlwllltblchmeflt, If ..,pIICIIbIe, willie UMd In the certIftGatIon, agreement, and claim
evaluaUon pI"OCealI.)
EI'Jec:tlve 08m1104
Pl!ge3of8
-.,
or~~
~
----
Brec:tIve 08101104
Agenda Item No. 16A11
July 26, 2005
Page 9 of 15
Page" 018
-
KOCIIlK~~
Agenda Item No. 16A 11
July 26, 2005
Page 10 of 15
c) If jobs are to be phased In, provide the data when each p"- of employment WOI
be fully Imp......nted: (P.....1JJJ1lJ the ph.... to no more than three consecutive
y...... and job creation to no I... than t8n Jobs In any given year.)
Number of net, new full-time Date by which those jobs
Phase equivalent Collier County jobs
creat8cf in bu-.lnAlUl unit will be created
I 5 12/31106
II 15 12/31/07
III 12/311
TOTAL 20
12. a) Describe the capltallnve.tment in real and personal property:
(Examples: construction of new facility; remodeling of facility; upgrading.
replacing or buying new equipment. Do not include the value of..net purchased for
construction of a new building.) Two to three million for building complex, equipment
and interior furnishings.
b) List the anticipated amount (within three (3) yea...) and type (purchase of
machinery/equipment, construction of buildings, etc.) of major capital Investment
to be made by the applicant In connection with this Collier County project:
Amount $ 300,000 Land (If applJcable)
Amount $ 2,000.000 ConatructlonIRenovationa
Amount $ 500,000 ManufHturtng Equipment
Amount $ 200,000 Other Equipment
Total $ 3,000.000
c) Estimated square feet of new or newly expanded facility: 20,000
13. Anticipated date of beginning of construction for this project: Jan. 2006
14.. Anticipated dat8 project will be In operation: hot. 2006
16. Project Information:
Architect Finn:
B. Swanson, AlA
Architect:
Brooks Swanson
Phone:
498-5757
Emall:
Engineering Firm:
Davidson Engineering
Engineer:
Jeff Davidson
Phone:
597-3916
Ernall:
Contractor:
Kraft Construction
Contractor:
Keith wulber
Phone:
643-6000
Emall:
Fax:
498-5848
Fax:
597-5195
Fax:
262-4751
Eff8cIMt OM)1J04
PIIge 5 of B
-.III
Agenda Item No. 16A 11
July 26, 2005
Page 11 of 1 5
Pro~ect Impact Information
16. What role will the incentive (or tncenttves) play In the decision of the applicant to
locate or expand in Collier County? (If theN are other stataslcommuntties competing
for this project, please list which stat8slcommunltle8 and what Incentives are being
offered by those stateslcommunltlea.)
TMI'S decision to locate in the Immokalee area was stimulated by the opportunity to obtain state and local
incentives, which offset our initial capital costs. Our intent to is to provide a training and manufacturing
facility. Training, retraining, on the job training and specific/skill training will be available to Immokalee
residents. These incentives will contribute to our ability to up grade job skills and bring this project to
fruition.
17. a) Provtde a brief review of the applicant's past activities in Collier County and in
other .tatBs, particularly as they relate to envlronmenml and growth management
impactB and how the.. have been handled. (Ba.ically, what kind of corporate
citizen has the applicant been?)
Robert W Juster: Owned a millwork. and cabinet shop, sold to Howe Furniture >Co- Founded PC
Compatibles Inc., sold to NeweU/Rubbennaid>GNL Class IX
Walton W. Burdick: Senior VP of ffiM, member offfiM"S Corp. Mgt. team>In charge of world wide
training>Presidents Commission for Employment Policy>Distinguished Follow of The National Academy
for Human Resources.
b) Describe any criminal or civil fines, or penalties, and any awards.
No fines or penalties (See resumes for award info.)
You may request that your project infonnatlon (InclucUng the information contained In this
application) be confidential per F .S. 288.075, ConfIdentiality of Records.
YES, we Request Confidentiality
X NO, we do not Request Confidentiality
Etfedlve 08J01104
Page 6 of8
--
o~~
Agenda Item No. 16A 11
July 26, 2005
Page 12 of 15
Requirements
Fa8t Track Pennlttlng Program:
The Fast Track application must be completed In full before consideration Is given.
Statements on the Fa8t Track Application must be accurate and verifiable. The
Economic Development Council of Collier County (EDC) reviews the application. If
approved, the EDC send8 a copy to the appropriate County 8taff. This application
must be on file witt1 the county offIce8 prior to the scheduling of any pre-
application pennlt ...views or Site Development Plan submissions.
The Fast Track Pennittlng Program requl.... a pre-appllcation meeting with the
Collier County Staff prior to document submission. This meeting is scheduled by
the Economic Development Council of ColI"r County In cooperation with the
Engineer of Record.
Upon .....a.. of plans by the County, the pennlt muat be picked up within 10
buslne.. day. of approval.
This application must be filed Bl!!l! to making the decision to locate a new business U{lit
In Collier County, or to expand an exialing Collier County bualnna unit
Efr8c:tiwe 08101 J04
Pege 7 of 8
~
o~~
Agenda Item No. 16A 11
July 26, 2005
Page 13 of 15
To the best of my knowledge, the
information included in this application is
accurate.
tJ z. ;3~:::-
(Signature of Authorized Officer)
Walton E. Burdick
Application Completed By:
(Print or Type Name)
(Print or Type Name of Authorized Officer)
Chairman
(Print or Type Title)
President
(Print or Type Title of Authorized Officer)
Training & Manufacturing Institute, Inc.
(Company)
Training & Manufacturing Institute, Inc
(Company)
(239) 455-2138
(Phone Number)
(239) 254 8040
(Phone Number)
(239) 455-7340
(Fax Number)
~39) 254 8081
ax Number)
juslcobob@aol.com
(E-mail Address)
Weburdick@aol.com
(E-mail Address)
5-4-05
(Date)
. 5-04-05
(Date)
nla
(Contact Person, If different)
nla
(E-mail Address, if different)
n/a
(Address, If different)
nla
(Phone Number, If different)
Effective 08101104
P.8d8
-'II
Agenda Item No. 16A 11
July 26, 2005
Page 14 of 15
TRAINING AND MANUFACTURING INSTITUTE, INC.
TMI
TEL: 239-455-2138
FAX: 239-455-7348
E-MAIL:
justcobob@aoLcom
The following outlines our plan to establish TMI (Tnining and Manufacturing Institute)-a multi
tenant commereial bunding. This buDding is being designed to enable UI to bring in a minimum of five
Dew companies to the area. With TMPS dindion, theM companies will be able to train and re-tnin
employees for the constroeDon trades in Immokalee, Ave Maria and surrounding communities.
We have purehased a two and oDe-half acre site in the Tnde Port TechDology Park (formerly known
a. the Agri Com Park). We have allo signed a contnet with Knft COD.tnaction to construct a 30,000
square foot Flex buildiDg to houle the Dew colD.paBielud TMI aedvities. The fadlity will be devoted
to the training ud employmeDt of local penoBDelud to carry OD the COBstruetioalCnfts aetivities m
this grenvillg regioD. The architect we have seleeted is Brooks R. Swan80D, AlA. The Engineering
serviees will be provided by the Jeff DavidsoB P.E. firm.
With the help ofEDe (Economic DevelopJDeBt COaDeil) aDd other 0I'p1li7..dons, we are searebiDg for
prospeetive tenants from coDBtruction related companies. Firm.Speel.Un..g in tiIeI.toae, Air
conditioning, eleetrieiansleJectrieal products and cabinet worklmilhvork. would be eumple target
compules.
I penonally have .peat two ud ODe halfyean on the CoBler Health Servi.eel Board gaiDing insiglat
into this area. My partner Walt Burdick spent his career at IBM in the employee tniniDg field. Visits
with over ten SWFL agencies have validated the need for this traiaing. Discus.loDl with SuJrolklKraft
(the prime builder for Ave Maria) have led to the cooehuioB that their Db cootneton will want to
loeate Bear the CODltruetioa site.
A major part of our effort wiD be devoted to the training of a local workforce through our division
Training Providen. (See the mission statement of this organization) Training Providers wiD work with
each tenant orpni7.atiOB to train employees on a eoatin1liBg buis with the skills Beeessary to support
their specialized business activities.
TMI plans to seek "Fast Tnek" permit approval of the buildiBg plan, with the assistaoce of EDC, in
order to be operatiooal as 8000 u possible. It is obvious that the need for trained enft employees iB
this area is immediate.
W. E. Burdick
President ..d
Chief Executive Officer
Robert W. Juster
Chairman
5-13-05
Agenda Item No. 16A 11
July 26, 2005
Page 15 of 15
TRAINING PROVIDERS
A DIVISION OF
TRA.INING AND MANUFACTURING INSTITUTE, IJ1c.
Tel: 239 455-2138
Fax: 239 455-7340
E-mail:
justcobob@aol.com
The Training Providers division is devoted to building the workforce that is in the area, by
training and re-training workers for the Collier county construction trades.
TrainiDg Providers mission is to make training and employee development a core part of the
Training and Manufacturing Institute. People. who are motivated to learning a trade, will become
part of a stable workforce and as a result give themselves and their families a higher standard of
living.
Education in a job skill is the foundation for individual achievement! 1bere are many more skills
required from workers than were needed in the past The worker must be taught relevant skills due
to changes in technology,
What is going on in the Immokalee area "is history in the making". Training programs that can
be effectively and profitably applied to the demands of the construction industry will become a
cornerstone of the community.
The training planned by TraiDiDg Providen will be customized in house training directly related
to the skills necessary to participate in construction, It will be connected to specific employment.
For example. training in carpentry and cabinet work will be "hands on", All those in training will
have the ability to earn money while learning a skill. Those being trained will work directly in the
factories or in the field with their specific trades.
Examples of Training and Job Opportunities
Millwork/Cabinet making and instBllation
Stone/tile cutting and installation
Air condition metal bending and installation
Door/window placement and trim carpenter
Qualities such as Promptness, Respect and Integrity will also be core elements of the training.
W.E. Burdick
Chairman
Robert W. Juster
President and
Chief Executive Officer
5-13-05
....-
Agenda Item No. 16A 12
July 26, 2005
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve a resolution authorizing expenditure of funds for Collier
County Planning Commissioners to attend seminars, workshops, and conferences related to
their duties
OBJECTIVE: To have the Board of County Commissioners (BCC) authorize expenditure of
funds for Collier County Planning Commissioners to attend seminars, workshops, and
conferences related to their duties as defined in section 8.03.01 of the Land Development Code;
finding such expenditures as serving a valid public pwpose.
,-
CONSIDERATION: At the March 24, 2005 meeting of the Board of County Commissioners,
the BCC requested that staff facilitate the following recommendations from the Planning
Commission:
1. Allocate more money for training
2. Implement an educational process whereby quarterly or semi-annual conferences come to the
County to train the Planning Commission.
3. Develop a Planning Commission certification process.
4. Encourage representatives from the development industry to serve on the Planning
Commission.
5. Reimburse members of the Planning Commission for expenses incurred while attending
seminars, workshops, and conferences related to their duties, per Florida Statute 112.
Expenses include registration fees, training materials, lodging, mileage, and per diem.
Parties receiving reimbursement must be recognized by the BCC and have an established
budget. (Clerk's advice).
FISCAL IMP ACT: A separate Line Item will be established in the CDES Administration
Budget for Planning Commission members training.
GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the resolution
authorizing funding for Planning Commission training and associated expenditures, find such
expenditures as serving a valid public purpose, and authorize the creation of a new Budget Line
in the CDES Administration budget for Planning Commission training.
PREPARED BY:
Michael J. DeRuntz, C.F .M., Principal Planner
Department of Zoning and Land Development Review
,-
Agenda Item No, 16A'! 2
July 26, 2005
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
111m Summary
16A12
Recommend81ion to approve a resolution suthorlzlng expenditure of funds for Collier
County Planning Commissioner. to _"end seminara, workshop;. Ind conferences related
to their duties.
7/26/20059:00,00 AM
Milling Dlte
Approved By
Ray S.lIowa Chl,f Phllo"er Dat.
Community DIlI'Yelopm.nt & Zoning & land OlWulupmcmt Review
EnvironmentaIS.rYic.lt. "2.12005.:24 AM
Approved By
&.ndnr Le" Exucutive Secmt.ry Datu
Community Development & Community O.v.lopment 0\
Enyironm.nt.' Services Environmental Strvlc:es Admin. &13012005 1:1$ PM
Approved By
Consuncc A. Johnson Opllirationa Analy..t D:rt.
CDmmunity Dltve60l'fnent & Com1nun_ty Dftvetoprnflnt & 7/6/20059:20 AM
Environmental Serviells Environmental SatVlcM Adm;JJ.
Approved By
Susan Murray, AICP Zoning & Land Oevelopment D,rector Dat.
Community Dltvclopn..-nt & Zoning & Lond Ou:v"lupmRnt Revjuw 7111120054'01 PM
Envlrol1mental $prYicltJ
ApproYed By
Pfltric:k Q. White A$lf.isUtflf C()ut)t~ Attorney Datil
County Attorney County Attomey Office 7/12120011:57 PM
Approved By
Jo..ph K. Schmitt Community Oeyelopmenf & Date
Envlronment.1 Service. Admin.trutor
CDn'lfnunity Developr"."t & Con"nl.U1lty DO\IeloptTl"nt & 7/131200112:41 PM
Environnulfttal St:rvi(:a. Erwironlnent;11 SQr.'iull Adr"llI.
AppnlVed By
OMS Coordinator AdminlstratlvlII Alsiatant Dat.
County Manager's Office Oftice at Manogll'ment & Budget 7/13120051:36 PM
Approved By
M..rk lucluwn Budo"t AlJolYll' Dote
County Manager's Office Office of MlIl'lagement & Budgll1 7113120053:05 PM
Approved By
Mlch.al Smykowskl MMlnagement & 9udlot OifC'ctor DaI.
County Manager', Office Office of Man81l1"",.nt & Budget 7/131%005 5:15 PM
Approved By
JatneJS V. Mudd County MillOltger Date
Board of County County Menager's ONJc. 7/11/200512:42 PM
Cc"nmbt.Kiol1or$
Agenda Item No. 16A 12
July 26, 2005
Page 3 of 5
RESOLUTION NO 2005 -
A RESOULUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AUTHORIZING EXPENDITURE OF FUNDS FOR COLLIER
COUNTY PLANNING COMMISSIONERS TO A TIEND
SEMINARS, WORKSHOPS, AND CONFERENCES RELATED TO
THEIR DUTIES AS DEFINED IN SECTION 8.03.01 OF THE
LAND DEVELOPMENT CODE; FINDING SUCH
EXPENDITURES AS SERVING A VALID PUBLIC PURPOSE
WHEREAS, Section 250-33.c.2, Collier County Code of Laws &
Ordinances, establishes guidelines for the payment of travel and other
expenditures for Planning Commissioners, including assignments of official
business outside the traveler's regular place of business: and
WHEREAS, it serves a valid public purpose for Planning Commission
members to attend seminars, workshops, and conferences in order to gather
information about the planning field and meet their duties defined in Section
8.03.01 of the Land Development Code; and,
WHEREAS, it is in the best interests of the public for the Planning
Commission members to attend seminars, workshops, and conferences to keep
the Collier County Planning Commission informed as to the various
components of the planning field; and,
WHEREAS, the Board of County Commissioners desires to clearly
specify the categories of travel and attendance at seminars, workshops, and
conferences, which are appropriate for reimbursement or payment in accordance
with the Collier County Code of Laws & Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The Board of County Commissioners hereby finds that attendance
by the Collier County Planning Commission at the functions listed
in paragraph 3 hereof serves a valid public purpose including, but
not limited to: communicating with other commissioners and
professionals in the planning field, gathering of information about
planning issues, and providing feedback from fellow
lof2
Agenda Item No. 16A12
July 26, 2005
Page 4 of 5
commissioners and professionals in the planning field about
County matters and land use processes.
2. The amount to be expended by the County fur Collier County
Planning Commission member to attend and/or participate in the
functions referenced in paragraph 3 shall be funded in the
Community Development and Environmental Services Division
budget, which is approved by the Board of County Commissioners.
3. A Collier County Planning Commission member may seek Board
of County Commissioners approval for the payment for hislher
attendance at functions of seminars, workshops, and conferences,
provided that said functions reasonably relate to Collier County
Planning Commission matters. The attached fonn entitled
"Request for Payment to Attend Functions Serving a Valid Public
Pwpose," may be placed on the Board of County Commissioners'
consent Agenda to gain the Board's approval for expenditure of
county funds to attend particular seminars, workshops, and
conferences.
This Resolution adopted this
day of
2005 after motion, second and majority vote favoring same.
A'ITEST
DWIGHT E. BROCK., CLERK
BOARD OF COUN1Y COMMISSIONERS
COLLIER COUN1Y, FLORIDA
By:
Deputy Clerk
By:
FRED W. COYLE, Chainnan
Approved as to fonn and
legal sufficiency:
Patrick G. White
Assistant County Attorney
2of2
Agenda Item No. 16A12
July 26, 2005
Page 5 of 5
EXECUTIVE SUMMARY
Reeommendation to the Board of County Commissioners from the Collier County
Planning Commissioner for payment of expenses to attend function serving a valid
public purpose
OBJECTIVE: For the Board of County Commissioners to declare a valid public
purpose for a Collier County Planning Commissioner to attend function/event and
approve payment by the Clerk.
CONSIDERATIONS: Pursuant to Resolution No. 05- , the Board of County
Commissioners has determined that attendance at the functions of seminars, workshops
and conferences serves a valid public pwpose, provided that said functions reasonably
relate to Collier County matters.
COMMISSIONER:
FUNCTIONIEVENT:
PUBLIC PURPOSE:
DATE OF FUNCTIONIEVENT:
FISCAL IMPACT: Funds to be paid from Collier County Planning
Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Resolution No. 05- , approve payment by the Clerk for Commissioner to attend
function serving a valid public purpose.
PREPARED BY: Susan Murray, AICP, Director Zoning and Land Development Review
Department
Exhibit
Agenda Item No. 16A 13
July 26. 2005
Page 1 of 10
EXECUTfVESU~Y
-
Recommendation to approve an appHcation for participation in the Advanced Broadband
Infrastructure Investment Program by NCB Bealthcare System, Incorporated for three (3) site
locations
OBJECTIVE: Approval of an application by NCH Healthcare System, Inc. (NCH) for participation
in the Advanced Broadband Infrastructure Investment Program, for three site locations, as set forth by
Ordinance No. 2003-59, which is codified as Article V of Chapter 49 of the Collier County Code of
Laws and Ordinances.
CONSIDERATIONS: On November 18, 2003, the Board of County Commissioners adopted
Ordinance No. 2003-59, which established the Advanced Broadband Infrastmcture Investment
Program. The program is available to local companies either constructing a new building or
renovating an existing non-residential building and upgrading it to be a "smart building", facilitating
the installation of advanced broadband technology.
On June 30, 2005 NCH submitted an application to be considered for the Advanced Broadband
Infrastructure Inves1ment Program for three site locations, on Seventh Street North, Pine Ridge Road,
and the third on Health Park Blvd. In their application for the Broadband Program, representatives
from NCH state that: "[The] addition of high speed broadband capabilities to three of our locations to
,-. support the ever increasing demand for faster communications. Our network of doctors and
diagnosticians require the ability to transmit large amounts of digital data quickly. "
If the Program application is accepted, staff will prepare the Advanced Broadband Infrastructure
Investment Program Agreements that will be reviewed by the County Attorney's Office for legal
sufficiency and will be signed by a designee from NCH and by the County Manager on behalf o~
Collier County. The Agreements will be recorded in the Official Records of Collier County and
provide for the tenns applicable to the specified funds, including transfer, conveyance, etc., and default
provisions.
NCH Hea1thcare System, Inc. meets all of the Advanced Broadband Infrastructure Investment Program
requirements set forth by Ordinance No. 2003-59 in Code of Laws Chapter 49, Article V, and approval
of this application will help to promote the availability of advanced broadband inftastIUcture enabling
high-speed Internet connectivity to local businesses.
FISCAL IMPACT: The applicant has requested $25,000 of incentive funds for each of three
facilities, for a total of $75,000, to be paid in equal amounts of no more than $8,400 per year, per
facility, over three years. Following the installation of the system, the participating company may
request the first of the authorized incentive payments. The company must submit copies of the
invoices detailing the cost of the installation along with the requests. NCH is a 501(c)(3) not-fur-profit
medical corporation, and does not pay taxes. Therefore, the requirement that ad valorem taxes must be
paid in full prior to a request for payment is not applicable to NCH.
,,-....
NCH - Broadband.
Page 2
Agenda Item No. 16A13
July 26, 2005
Page 2 of 10
Reimbursements of qualifying costs paid by the County through the Program may never exceed the
actual costs of the installation and/or required equipment and the maximum incentive award for this
Program is $25,000 per site. The funding for this Program does not provide payments or
reimbursements for service costs.
GROWTH MANAGEMENT IMP ACT: This application is consistent with the Economic Element
of the Growth. Management Plan, specifically Objective 1.3 that states: "Collier County will support
programs which are designed to promote and encourage the recruitment of new industry as well as the
expansion and retention of existing industries in order to diversify the County's economic base."
LEGAL CONSIDERATIONS: NCH meets all of the Advanced Broadband Infrastructure
Investment Program requirements set forth by Ordinance No. 2003-59 in Code of Laws Chapter 49,
Article V.
RECOMMENDATION: That the Board of County Commissioners approve the application for
participation in the Advanced Broadband Infrastructure Investment Program by NCH Healthcare
System, Inc. and authorize the County Manager, on behalf of the County, to enter into three County
Attorney's Office-approved Advanced Broadband Infrastructure Investment Program Agreements with
the applicant.
".- Prepared by: Amy Patterson, Impact Fee Manger, Financial Administration and Housing, CDES
Item Numb.,
Item Summary
MHlIng Date
Agenda Item No. 16A 13
July 26, 2005
Pago 3 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A13
Recommendation to approve Il1l1pplication for pmrticipltion In the Advanced Broadband
Infrastructure lnv!latment Program by NCH Healthcare Sys.tem. Incorporated tor three (3)
site locations.
7/26120059:00.00 AM
Prepared By
71712006 1 :21:34 PM
Amy PaUl1rsan
Cot'rttruJni1y OClvj,lopment &
Environmental ServlceIi
Dot.
Impact Fo:e' Manager
Finlllnc.ial Admin. & HouRin"
Dot.
Approved By
Sandra Lea
Community DlrVelopment &
Envlronmnntal Service.
Executive Secretary
Community Oevl:fopmltnl' &
E.nvjr(tllfn."tnl S.uvic~ Admin,
7/7/20062:0& PM
O.t.
Appro.ed By
Constance A. John&on
Communn:y Oeveloptnent &
Environ men tat Servicltl
Operation. Analyst
Community Oevalop",.nt &
Environment.1 Services Admin,
1/111201151:02 PM
Date
Appro.ed By
Patrick G. Wllte
County Attomlty
AulSitant COUhty Attorney
County Attorney Office
7/12120052:07 PM
D...
Appro.ed By
Denton Buker
C<I,nmut)ity Ouvelupmnnt ..
EnvirutuYlelltld SIU"jce$l
fjllanclal Admin & Housing Onctor
finanel.1 AdmIn. & Housing
7/12/20054:13 PM
Datu
Appro.ed By
JDauph 1(. Schrnl1t
Com11luntty De.....lopment &
Envil'Onrnentitl Sorvic..
ComtnlJnity Do....lnplTlllnt &
Envlronmen~l Service. Admlnltrltor
Community Development &
Envlronmemal Service. Admjn.
7/1312005 12:5& PM
Dot.
Appro.ed By
OMB Coordinator
Count)' Manage", omce
Admin I...trative AulSitant
Office of Manag.ment & Budget
7113/20051:41 PM
Date
Appro.ed By
Mttrk Ivuckson
County Ma"lIg.". Office
eudg~t Analy.lt
Office of MllInagament & Budget
71131200& 3:23 PM
D,t.
Approved By
James. V. Mudd
Board of County
Commi.\Iioners
County Manager
County MIl".g.r's Office
111&1200& 1:49 AM
Agenda Item No. 16A 13
July 26,2005
Page 4 of 10
ECONOMIC DEVELOPMENT COUNCIL
OF COLLIER COUNTY
NAPLES, FlORIDA
EVERGLADES CITY . GOLDEN GATE
IMMOKALEE . MARCO ISLAND
COLLIER COUNTY
ECONOMIC STIMULUS PROGRAM
ApPLICAnON
for
Expanding or New Businesses
NCH Healthcare Syatem
Name of Business
Broadband Installation at three locations
Project Title (1-5 word description)
ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY
3050 NORTH HORSESHOE DRIVE, SUITE 120
NAPLES, FLORIDA 34104
(239) 263-8989 · FAX (239) 263-8021
www.eNaDleaFlorida.com
Agenda Item No. 16A 13
July 26. 2005
Page 5 of 1 0
Eme!2Yer Identification
BUSINESS INFORMATION:
1. a) Name of Business Unit: NCH Healthcare Sy.tems
b) Mailing Addreu: 350"jlh Street North: Naples. FL 34104
c) Name of Parent Company (If applicable): NCH Health Care Systems
d) PrImary bu.lne.. unit contact:
Name: Lanv Rav
Company:NCH
Add.....: 350 "jIh Street North
Phone: ?~D...4~fi~~/:;
Emall: larry.ravO nchmd.ora
ntle: Vice Pre.ldent
Fax'
e) Bwln... unit'. federal employer Identification number: 59-Q694358
f) Bualn... unit'. unemployment compen.atlon lc:lent"lcatlon number: 9950055
g) Bualnea. unit'. Florida ..Ie. tax regl.tratlon number: 85-8012646n9C.1
h) Bu.lne.. unit'. Collier County occupational license number~ R7074.'.I
I) list NAICS code. of an actlvltle. of the bu.lne.. unit: 622110
Targeted Industry: Health care
J) Describe the bu.ln... unit'. primary bu.ln... actlvltleelfunctlon:
Health care
2. a) Ie the bu.lnees unit minority owned:
b) "YES, explain:
3. Bustneas unit'. tax year (example: "an. 1 - Dec. 31): October 1 - September 30
DYES
[!] NO
Project Identlflcatlon/lnformatlon
4. a) Ie the bu.lne.. unit (plea.. choose one):
o a new bu.l.,... unit to Collier County
fiJ an expan.lon of an exlatlng Collier County bu.ln... unit
b) "an expan.lon, how many COLLIER COUNTY employ... are curl'8ntly In the
expanding bu.lne.. unit'? 685 0 NC
1 ExIalIng CoHIer County employeeB cannot be Included for oonslderatlon In certain incentive awardB.
Eff8c1Ive 08/01.'04 Page 2 of 7
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Agenda Item No. 16A13
July 26, 2005
Page 6 of 10
c) How IMny indlvldu.1s .... employed In ALL Florid. locatlonst 3627
d) How IMny Indlvldu." .... employed in ALL domestic .nd In1IIm.tIonal
locations?
6. Full project d.scriptlon: Addition of hiah soeed broadband C80abilities to three of our
locations to suPpOrt the ever increasina demand for faster communications. Our network of
doctors and diagnosticians reauire the ability to transmit large amounts of digital data
quickly.
6. Check the .pproprtate box .nd complete the line Item:
[!] project's current location .dd.....:
See Below
project's propoaed location .dd.....:
IX] 350 1" Street North
2157 Pine Ridge Road
11190 Health Park Blvd
7. .) Located on Brownfield Site or In . Brownfield A....? 0 YES ~ NO
(If YES, ..... ett.ech . COP>>' of the oftIcIeI document .......nlIIecI..... ... _ . browntIeId .....)
b) Will project be locating or expanding In .n Enterprl.. Zone? 0 YES
If YES, which Zon.: Olmmokalee 0 Ev.rglades City
[!I NO
8. P..... check the box that beat defin.. your project. Answ.r .) AND b), If
.ppllcable:
.) 0 Multktate bu.'n... .n..rp.....
o Multl-natlon.1 business .nterprlse
b) [!] Reglona' headquarte... office
o National h..dqua....... office
o Intematlonal headquarters office
9. P..... estimate percentage of gross nteelpta or tlnal ..... rwultlngfrom this project
that will be IMde ou1alde of Collier County: NA %
outsld. of Florida: NA %
10. Project employment .nd wages:
.) Total number of n.t, new full-time equlv.lent Collier County Jobs created by the
project at the business unit Indicated .bove: NA
b) A... .ny employ... being tranaferred from .nother Florida location? 0 YES ~ NO
If YES, how many .nd from wh....?
11..) AntlclDlltedannuallzedaverage wage (not Including benefits) of the new to Conler
County Jobs created by the project at the busln... unit: $. NA
Annualized average wage for exletJng Collier County employ...: $ 76.316
b) Annualized average v.lue of bell."", auoclat8d with each new job created by the
project at the busl"... unit: NA
(c.h perfonnence bon.... and other ceM peym..... lID... em~ IIUCh _ ovwtIme, .houId .. IncludM.
The enIIcI.... ... rePorted..... Ie one, an ___ of the .".,....... lID be paid. The... IndlGallld In
NeJIOI- lID an incentive att8CbIMnt, If applicable. will.. uaed In the certIncIIIIon. egrwment, .nd c......
evelualion proce..)
e~ 08101104
Page 3 017
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Agenda Item No. 16A13
July 26, 2005
Page 7 of 10
c) If Joba al1ll to be phaaed In, provld. the date wh.n .ch pha.. of employment will
be fully Imp"mented: (PI."llm/lthfJ pha... to no more than th.... conaecutlve
years, .nd Job cl1ll.tlon to no ....th.n ten JOb. In .ny given year.)
Number of n.t, new full-time
equlv.l.nt Colll.r County Jobe
created In a unl
NA
I
II
III
TOTAL
NA
NA
Date by which tho.. Jobs
will be created
12f.41/
12f.411
12f.41/
Ph...
12..) Deacrlbe the capltallnveatment In real and personal property:
(exampl..: conetructlon of new facility; remodeling of facility; upgredlng,
replacing or buying new equipment. Do not Include the v.lue of I.nd purchaeed for
con.tructlon of a new building.) Estimated costs of Installation Is $455,000 for all three
sites. This Includes fiber Installation and hardware to enable high speed connectivity
b) Ust the anticipated amount (within th.... (3) years) and type (purcha.. of
machinery/equipment, con.tructlon of bUilding., etc.) of major capltallnveetment
to be made by the applicant In connection with thl. CoIII.r County project:
Amount $ Land (If appllcab")
Amount $ ConatructtonIRenovatlona
Amount $ M.nufacturlng Equipment
Amount $ 456.100 Other Equipment
Total $ 455.100
c) Estimated aquare feet of new or newly expanded facility:
13. Anticipated date of beginning of conatructlon for thl. proJect: Mav 2004
14. Anticipated date proJeet will be In operation: Dee 2004
15. Project Information:
Architect Finn: Engineering Firm: Contractor:
Sprint
Architect: Engineer: Contractor:
Ron Knaur
Phone: Phone: Phone:
Emall: Emall: Em.lI:
Fax: Fax: Fax:
Eff8ctlve 08101104
Page . of 7
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Agenda Item No. 16A13
July 26, 2005
Page 8 of 10
pro_eet Impact Information
16. What role will the Incentive (or Incentives) play In the decision of the applicant to
locate or expand In Collier County? (If there are other stBtealcommunltle. competing
for thla project, plea.e flat which atateaIcommunltlea and what Incentives are being
offered by those 8tate8lcommunltle8.)
The broadband incentive will offset the high cost of installing the fiber cable and other equipment necessary
to support DC3 speeds, as well as providing additional high speed infrastructure in the area.
17. a) Provide a brief review of the appllcant.s paat actlvltlea In Collier County and In
other states, particularly a. they relate to environmental and growth management
Impacts and how these have been handled. (Basically. what kind of corporate
citizen ha. the applicant been?)
NCH is the primary health care provider in the county and operates as a non-profit hospital. Our vision is to
become the fmest integrated health care system in the U.S. We are committed to supporting Collier County
and are involved in multiple community efforts to maintain the quality of life we have here.
b) Describe any criminal or civil fines, or penaltl.., and any award..
NA
You may request that your project Infonnatlon (Including the Infonnatlon contained In this
application) be confidential per F.S. 288.075, Confidentiality of Record..
YES, we Request Confidentiality
x NO. we do not Request Confidentiality
Effective 08101104
Page 5 of 7
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Agenda Item No. 16A13
July 26,2005
Page 9 of 10
Re~ulrements
F.et Track Permitting Program:
The F..t Track .ppllcatlon mu.t be completed In tull before con.lcier.tlon Ie glv.n.
Statementa on the F..t Track Application muat be .ccurate and verlfl.ble. 11Ie
Economic D.velopment Council of Collier County (EDC) review. the .ppllcatlon. If
.pproved, the EDC aend. . copy to the appropriate County atatf. Thl. application
mUlt be on file with the county offIcea prior to the achecIullng of .ny p.....
application permit revlewl or Site Development Plan lubmlulon..
The F..t Tr.ck Permitting Program requl.. . pre-appllcatlon meeting with the
Collier County Staff prior to document .ubmll.lon. 11IIe meeting II .chedulecl by
the Economic Developm.nt Council of CoIII.r County In cooperation with the
Engineer of Record.
Upon rei.... of pl.n. by the County, the permit muet be picked up within 10
bual.... d.Y' of .pprov.l.
Thl. application mUM be fllec:l1lllsl! to making the declalon to locate. new bu.I".. unit
In Collier County, or to expand .n exlatlng Collier County bu.l..... unit.
EffecIIy. 08J01104
Page e 017
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Agenda Item No. 16A 13
July 26, 2005
Page 10 of 10
Completed By:
Larrn Rav
Print or Type Name)
VP, Facilities, Planning & Const.
(Print or Type Title)
NCB Bealthcare System
(Company)
239-436-5344
(Phone Number)
239-436-5053
(Fax Number)
larry.ray@nchmd.org
(E-mail Address)
June 28, 2005
(Date)
(Contact Person. If different)
(E-mail Address. If different)
(Address, If different)
(Phone Number. If different)
EffeclIve 08101/04
To the best of my knowledge, the
Infonnatlon Included In this application is
accurate.
~1(~
(Signature of Authorlzid Officer)
Edward A. Morton
(Print or Type Name of Authorized OffIcer)
CEO
(Print or Type Title of Authorized Officer)
NCB Bealthcare System
(Company)
(Phone Number)
(Fax Number)
(E-mail Address)
~-3D -o~
(Date)
Page 7 of7
.JM
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Agenda Item No. 16A 14
July 26,2005
Page 1 of 3
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EXECUTIVE SUMMARY
Recommendation that the Collier County Board of County Commissioners approve a
Budget Amendment in the amount of $39,990, transferring funds from Impact Fee
Revenue to Impact Fee Operating Expenses, within Fund 131, for the payment of expenses
related to the Fire Protection Impact Fee Update Study and the Educational Facilities
Impact Fee Update Study
OBJECTIVE: Recommendation that the Board of County Commissioners approve a Budget
Amendment in the amount of $39,990 transfening funds from Impact Fee Revenue to Impact
Fee Operating Expenses, within Fund 131, for the payment of expenses related to the Fire
Protection Impact Fee Update Study and the Educational Facilities Impact Fee Update Study.
CONSIDERATIONS: Collier County has retained Tindale-Oliver and Associates, Inc. (the
consultant) who is currently working on an update to the Fire Protection Impact Fee and the
Educational Facilities (School) Impact Fee. The studies represent a collaborative effort between
the School Board of Collier County and the Board of County Commissioners for the School
Study and between the five Independent Fire Districts and the Board of County Commissioners
for the Fire Study.
~
The cost of the consulting contract for the School Study is funded by administrative fees that are
paid to the County by the School Board for the administration of the School Impact Fee. The
administrative fee is deposited into the Impact Fee Revenue account monthly by the Clerk of the
Circuit Courts Finance Department based on the past month's impact fee collections. A budget
amendment is required to move this revenue to the operating accounts in order to pay the
consultant's bills for work performed on the study. Staff has budgeted the balance of the study
in the proposed 2006 Budget; however, two invoices will require payment prior to the start of the
new fiscal year in October.
The Fire Study represents a cost sharing agreement between the Independent Fire Districts and
Collier County. Each of the five fire districts has paid their share of the study costs, which
equals approximately $5,000 per district, or $25,000 total, with the remaining $4,990 being paid
by the County for the two Dependent Fire Districts, for a total contract of $29,990. The
payments by the Fire Districts were deposited into the impact fee revenue account to be used to
pay the expenses related to the consulting services. Administrative fees related to the collection
of Fire Impact Fees, which is also in the impact fee revenue account, will pay the additional
$4,990, which is the County's share. It is now necessary to move the entire $29,990 from the
Impact Fee Revenue accounts to the Impact Fee operating expense accounts via a budget
amendment to provide funds to pay the related consultant's services.
Moving the above-described Revenue funds to Operating Expenses will allow the Impact Fee
staff to increase the existing purchase orders to pay the consultant the agreed contract amounts.
A breakdown of the required $39,990 is listed below:
,-.
Fire
$29,990
$10,000
$39,990
Agenda Item No. 16A14
July 26, 2005
Page 2 of 3
FISCAL IMP ACT: The funds are available in Fund 131 Revenue.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact related. to
this request.
LEGAL CONSIDERATIONS: The recommendation for authorization of a Budget
Amendment in the amount of $39,990, transferring funds from Impact Fee Revenue to Operating
Expenses of the Impact Fee section budget, within Fund 131, is internally consistent, complies
with all applicable constitutional and general law, and is legally sufficient for Board of County
Commissioners' consideration and approval.
RECOMMENDATION: That the Board of County Commissioners approve a Budget
Amendment in the amount of $39,990 transferring funds from Impact Fee Revenue to Impact
Fee Operating Expenses, within Fund 131, for the payment of expenses related to the Fire
Protection Impact Fee Update Study and the Educational Facilities Impact Fee Update Study.
PREPARED BY: Michael S. Levy, Administrative Allistant, FInancial Admlniltration and Housing, CDES
110m Num"',
110m Sum miry
Melling Dlta
Agenda Item No. 16A14
July 26, 2005
Page 3 01 3
COLLIER COUNTY
BDARO OF COUNTY COMMISSIONERS
'6Al~
Reccmmenda1ion that the Collier County Board of County Commlssioner.s approve I
Budget Amendment In the amount 01' $39,900, transferring fund; rrom ImpaC1 Fee
Revenue to Impact Fee Operating Expenses, within Fund "131, for the plyment of
sXp&nSe8 related to the Fire Protection Impact Fee Updl!lte Study Bnd the Educationsl
Flcllttl.. Implct F.. Update Study.
7/2612005 &:00:00 AM
Prepared By
7181200& 3:3&:28 PM
Mk:hael S. L.vy
Community Development &
Environmental Services
Dal.
Admlnl$trat1va Anlataln
Finollnciftl ADmin. & Housmg
D.t..
Appro..d By
DVIl10ll Buk.r
Cornmullh:y Duvelopm<<nt lfc
Envlmrunel1tal Services
Finane'" Admin & HOLl.slng Director
Flnllnc;.l., Admin. & Housing
71121200& &:18 PM
001.
Approved By
Consone. A. Johnson
Community Oevelop,"ent &
Environmental Services
Operation. AnalYlt
Community Development &
Envlronmenml Service.. Admirl.
7/13/200& 11:11 AM
o..t.
Approv.d By
Sandra. Let
Community Development &
Envlronmentill S..rvh:es
exeeutiv. SecAttary
Community D.....lopmlllnt &
Envlronmenul Servle.. Admin.
7/131200& 11:13 AM
o..t.
Approved By
Jouph K. Schmitt
CQmmunity Oevelop,"ent &
EnvirQl1mlK1'.u1 SerViCfl$
COfnmunt1y Dev.lopml'ut &
EnvirunmontMJ Service.. Admlnslrator
Commun(ly DflVeloptnttnt 8.
E.nvlroQln,ntul SetvlculO Admltl.
7/131%00& 1:17 PM
O.t.
Approved By
OMS CODrdin.tor
County Manag,r's Office
Admlnl.tr.tlve AI..iat.nt
Office or Maneglf'ftMtht & Budget
71131200& 1 :~6 PM
o..t.
Approved By
Amy Patter.on
Community Development &
Envlronment.llerYjc...
Impact Fee Milinilger
F,nunchtl Admin. & Housinu
7/131200& S:OO PM
D.te
Approved By
Mark hUlCkson
County Manager', Office
Budget Analy.t
Office ot Management & Budget
7/13/20053:02 PM
Dat.
Approved By
Mk:hael Smykowskl
County Mftnager'.1I Oftl<:41
M.nagement & Budget DI,.ctor
Office of Munog...".nt & Budgot
71131200& 6:~1 PM
0....
Approved By
J.m.. V. Mudd
So.rd Dr County
COnlmis*iuUltnl
County M.nag.r
County Man.g.'" OffIce
7/141200& 3:33 PM
Agenda Item No. 16A15
July 26, 2005
Page 1 of 4
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EXECUTIVE SUMMARY
A request that the Collier County Board of County Commissioners approve a Special Cycle to
amend the Collier County Land Development Code, primarily for the purpose of: 1) adding a
provision for the reclamation of excess intensity from developments that have achieved a built
out status with less than the permitted number of dwelling units; 2) adding Transfer of
Development Rights (TORs) bonus provisions; 3) clarifying TDR Credit usage in association
with the development of stand alone golf courses and residential golf course projects; and, 4)
modifYing some Rural Village development standards.
OBJECTIVE:
To provide for a special Land Development Code Cycle to amend the provisions of the Collier
County Land Development Code (LDC) to serve the best interest of the public.
CONSIDERATIONS:
/,......"
The Board of County Commissioners (Board) has directed that regulations be put into place to
reclaim excess intensity from Planned Unit Developments that do not constmct all the permitted
dwelling units at build out. This will create the potential to put this intensity or capacity back
into the transportation and possibly, other systems, for purposes of concurrency for future
growth.
Sections 2.03.07 and 2.03.08 were originally proposed in the 2005 LDC Amendment Cycle 1 but
action was deferred by the Board, based upon the recommendation of the Collier County
Planning Commission, until such time that the guiding amendments to the Growth Management
Plan (GMP) were adopted.
These amendments promulgate provisions for the generation and usage of Transfer of
Development Rights (TDR) Credits, and contain regulations for development of Rural Villages.
Proposed changes to these provisions are to implement recently adopted amendments to the
GMP.
Based upon the Board's recommendation, a special cycle is requested to adopt these provisions.
Let it be noted that the amendments requests under the special cycle will be heard at regularly
scheduled meetings of the Planning Commission and the Board of County Commissioners and
not at 5:05 pm meetings, as mandated by the Land Development Code.
The proposed special cycle schedule is attached.
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Page 1 of2
I:lLDC_~.......trlLDC CyeIIl2A-2(J'5 S~til1f!/ S"_.,,.doc
Agenda Item No. 16A 15
July 26,2005
Page 2 of 4
FISCAL IMPACT:
Fiscal impacts associated with establishing a special LDC amendment cycle consist of staff time
to prepare and present the amendments, and legal advertising costs for the required public
hearings.
GROWTH MANAGEMENT IMPACT:
There is no growth management impact generated by the establishment of a special LDC
amendment cycle.
STAFF RECOMMENDATION:
That the Board of County Commissioners authorize a special LDC amendment cycle and
approve the proposed schedule of meetings and hearings.
PREPARED BY:
Catherine Fabacher, Principal Planner, LDC
Zoning & Land Development Review
Page 2 of2
J:\WC _A......elltJrlLDC Cycle 2A-200S Sped#1IEuCIIdN S"....II1'Y.doc
Agenda Item No. 16A15
July 26, 2005
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Numb.r
Item Summary
16A15
Recommendation to oppro...e ra Special Cycle to amend the Comer County Lond
Development Code, primarily tor thi!t purpose or: 1) adding I proviaian tor the rltClam~lIlon
of excelS Intensity from developments that have achievl!':d 8 built out status with leis than
the permitted number of dwelling units: 2) adding Transfer of Development Rights (TORs)
bomu provisions; 3) clarifying TOR Credit uuge In au.oclation with the development of
Iltand alonf.! golf courses find re5id.,ntial golf course project..; and. 4) modifying some Rural
VHj9ge development standards
7126/20059:00:00 AM
Meeting Olt.
Approved By
Sandra Lu Executive Secretary Dot.
Community De'Vtrlopment & Community O"velopmct.nl &
Euvironmnntal Servlcfl$ Et\Vj'o",n.ntl~t Servh::1ttlo Admin. 7/121200& 2:01 PM
Approved By
Con atanee A. Johhson Operations. An.lys1 Oat.
Comm\lnlCy Oevelop,,",", & Community DelJl'lopmenl &
En\'lronmenul $Ct.rvtcQS Environrnont81 hrvh::e.s Admin. 7/12/200& 2:12 PM
Approved By
Suun Murray, AICP Zoning & land Development Director Oat.
Conununlty Development &
Environmental Servlcu 20"I"g " L..lt'ld Dev.ao'lInent Review 7/121200& 2:&2 PM
Approved By
C.thCllrin6 Fobncher Principal Planner Dill.
CDtnrnunlty Oev,..lopment &
Ellvlronmelltat Sflrvlt:es Zoning & Land Developml'nt Review 7/121200& 3:13 PM
Approved By
JosClph K, Sr:hmlt1 ComnUllllty Oe\lltlopn~lttlt"
Environmental Servlc.. Admlnatr.tor Date
Community Develapm$ht &. Community Development & 7/13/2005 4:1& PM
Envjronmt!nt.I8el"lllcos Envlronmenta' SetviCH Admin.
Approved By
OMS Couml"ato, Arllninl.trutivtl' A..istant Ont..
County Manager's Office Otflee of M.nagement & Budget 7/14/200& 7:54 AM
Approved By
Mark lud,tio" Budget Analyst Dot.
CO~tflty Mana(for'a. OffiCII Offh,w 0' Man_gem.tlt" Budget 71141200U:41 AM
Approved By
Jam". V. Mudd County Man."411r Dilte
Board of CO~lnty County Maneger', Qfl'ice 7/14/20051:27 PM
Commlss~onu"
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Agenda Item No. 16A 16
July 26, 2005
Page 1 of 22
EXECUTIVE SUMMARY
Recommendation to approve the execution of a conditional grant agreement with Big
Cypress Housing Corporation, per the U.S. Department of Housing and Urban
Development (HUD) recommendations, in order to retain 2003 HOME Investment
Partnerships Program funds for the development of the Eden Gardens affordable housing
complex.
OBJECTIVE: To authorize the Chairman, or his designee, to enter into a conditional grant
agreement with Big Cypress Housing Corporation, per the U.S. Department of Housing and
Urban Development (HUD) recommendations, in order to retain 2003 HOME Investment
Partnerships Program funds for the development of the Eden Gardens affordable housing
complex.
CONSIDERATIONS: HUn regulations require that HOME funds be committed within two
years of receipt of funding. The County had entered into an agreement with the Empowerment
Alliance of Southwest Florida in 2003 to utilize $224,000 in HOME funds for the development
of supportive housing for homeless in Immokalee. Unfortunately, the nonprofit was unable to
complete the project. The County deobligated the $224,000 in HUn funding in the fall of 2004.
-
Financial Administration and Housing (F AH) has qualified another Community Housing
Development Organization (CHDO), Big Cypress Housing Corporation, to implement a
supportive housing development in Immokalee. Entering into this conditional grant agreement
with Big Cypress prior to July 31, 2005 will ensure funding for this Immokalee housing
development.
The attached agreement is similar to the basic template previously approved by the Board of
County Commissioners (BCC). However, new language has been added per HUD's directive to
condition the grant on a satisfactory environmental review and an extension of the HUD
Continuum of Care (CoC) funding.
FISCAL IMP ACT: Signing this conditional grant agreement prior to the July 31, 2005
deadline will secure the HUD 2003 HOME funding for the 55 unit Eden Gardens complex.
GROWTH MANAGEMENT IMP ACT: Approval of this conditional grant agreement will
assist the County in continuing its efforts to meet the Growth Management Plan (GMP) goals
which address affordable housing for both farmworkers, the homeless and other special needs
populations.
LEGAL CONSIDERATIONS: This resolution and associated grant agreement are internally
consistent, comply with all applicable laws, and are legally sufficient for Board consideration
and approval.
RECOMMENDATION: That the Board of County Commissioners approve a Resolution to
authorize the Chainnan or his designee to execute the Big Cypress conditional grant agreement.
..-
Prepared by: Susan Golden, Federal/State Grants Administration Manager
Financial Administration and Housing
Item Number
Item Summ.ry
Mlotlng D.te
Agenda Item No. 16A 16
July 26, 2005
Page 2 of 22
COLLIER COUNTY
BOARD DF COUNTY COMMISSIONERS
16A16
Recommendation to approve the execution of a conditional grant agreement wtth Big
Cypren Houling Corporation, per the U.S, Department of Hauling and Urbln
Development (HUD) recommendations. in orderto retain 2003 HOME Investment
Partnerships Program fund' for the development of the Eden Gardens affordlble hO~lsing
complex
7/26/20059:00:00 AM
Prop....d By
7/1312005.:16:2. PM
Sllaan Goldlt.n
Community Development &
E""ironl1'Htntal Service.
Dol.
Federal/Stnte Grant, Administration
Mantlge,.
Flnanr.:lal Adrnin. & Hnualng:
Dlllo
Appro.ed By
Sandra 1..f11l
Ct)mmunh"y Oev.lapln..,<< &
Etlvlronmullflll S~rvh:ft$
Execu fiva Secretory
Camll'ltmity OO\'.lopment &
!nvlrolllnentul $orvic-Its Adlnin.
7/1312005.:31 PM
DatI!
Approved By
Denton Baker
Community DIl''\ICllopmcm1 &
Envlnmrnentotl SU'rv ice-II
Finilncial Admin & Hous.ng Director
Financial Admin. & Housing
7/141200610:48 AM
Date
Appro.ed By
Constance A. Joll"."n
Community Development &
Environment.l a.rv.c...
Oper.ation$l Analyst
Community Development &
Environment.' SeNlce, Admin.
7/141200511:05 AM
Dat.
Approved By
Co"nuc Giblin
CDlnlnunity Oevek.lp,nent "
Enyil't;lnmlmtal Sftrvice$
Houoing D4)veloprnent Mannge,
Financial Admin_ 5. Housing
7/141200611:13 AM
[M.
Appro.ed By
J(),/.o~lh K. Sl~hmitl
COfT1mLlnit~ Development &
Environmll'n1aJ Service$.
Community De'll'elopment &
Environmental Services Admln.atnl1:or
Community Development II.
Environmental InN/cas Admin.
7114/2005 ':3. PM
Dol.
Appro.ed By
P._trick G. \Mllte
County At10mllY
Aullf.t.nt COLlnty AttomltY
County Attomey Offlce
7/16/2006 1 :3. PM
Dat.
Appro.ed By
OMS Coordinlltor
Count.v M.UllIUOf'K OPficfll
Administrative A."istant
Office I)' M.nlilgenluflf & BudOltt
7/1812005 a:54 AM
Dol.
Appro.ed By
Mark luc.ksoll
County M(lnQVCl'r'~ Ofllcft
Budget An.IYlt
ONi"co of Mllnagemttfl1 & BudQctl
7118120059:1. AM
Dat.
Appro.ed By
Michael Smykowlkl
CQunty Man_liIlftr', Ottlc..
Management & Budget Olr.ctor
Office ot MlIllugament .. Budget
7/15/2005 ':27 AM
Date
Approved By
JlIlTlftS V. Mudd
Board or County
Commi..ioners
CDunty Nunllg.,
County MlInay.r's Offlc:.
711.12005 ':64 AM
Agenda Item No. 16A 16
July 26,2005
Page 3 of 22
RESOLUTION NO. 2005 -_
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, APPROVING THE EXECUTION OF A
CONDITIONAL GRANT AGREEMENT WITH BIG CYPRESS HOUSING
CORPORATION AND TRANSMITTAL TO THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the United States Department of Housing and Urban Development
(hereinafter HUD) requires that HOME Investment Partnerships (HOME) funds be committed
and expended within specific timeframes; and
WHEREAS, Financial Administration and Housing (FAR) and the non-profit, Big
Cypress Housing Corporation, have developed a plan to provide 55 units of HUD assisted
housing in the Eden Gardens neighborhood of Immokalee for low income farmworkers and
homeless individuals; and
WHEREAS, the FY 2003 HOME ClIDO funds must be committed prior to July 31,
2005 and expended in 2006-2007 and the conditional agreement provides the timeframe for
completion of this project.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
1. The Board of County Commissioners of Collier County approves the
execution of a conditional grant agreement with Big Cypress Housing
Corporation and authorizes FAH to transmit the agreement to the United
States Department of Housing and Urban Development (HUD), attached and
incorporated herein by reference.
2. SEVERABILITY. If any section, sentence, clause or phrase of this
Page I of2
Agenda Item No. 16A 16
July 26, 2005
Page 4 of 22
Resolution is held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity of the
remaining portions of this Resolution.
3. EFFECTIVE DATE. This Resolution shall become effective upon adoption
by a majority vote of the Board of County Commissioners.
This Resolution adopted this
of July 2005, after motion, second and majority
vote favoring same.
ATTEST:
DWIGHT E. BROCK, CLERK.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
Approved as to form and
legal sufficiency:
Patrick G. White
Assistant County Attorney
Page 2 of2
Agenda Item No. 16A 16
July 26, 2005
Page 5 of 22
AGREEMENT
BETWEEN COLLIER COUNTY
AND
BIG CYPRESS HOUSING CORPORATION
Catalog of Federal Domestic Assistance #14.239
HUD Grant # M-03-UC-12-00l7
THIS AGREEMENT, is entered into day of , 2005, by and
between Collier County, a political subdivision of the State of Florida, hereinafter referred to as
"COUNTY", and the Big Cypress Housing Corporation, a private not-for-profit co~oration existing
under the laws of the State of Florida, having its principal office at 19308 SW 380t Street, Florida
City, Florida 33034, and its Federal Tax Identification number as 65-1067124 hereinafter referred to as
the "SPONSOR," collectively the "Parties."
WHEREAS, the COUNTY is the recipient of HOME Investment Partnerships (HOME) Program
funds from the United States Department of Housing and Urban Development (HUD) as provided by
the Cranston-Gonzalez National Affordable Housing Act, as amended ("ACT"); and
WHEREAS, the United States Department of Housing and Urban Development (HUD) has approved
the County's Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003 for the HOME
Program and the use of the HOME funds for the activities identified in the Plan; and
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WHEREAS, the Board of County Commissioners of Collier County approved the Collier County
Consolidated Plan One-Year Action Plan for Federal Fiscal Year 2003-2004 for the HOME Program
by Resolution (2003-156) on April 22, 2003; and
WHEREAS, the COUNTY and the SPONSOR desire to provide the activities specified in this
Agreement, in accord with the approved One-Year Action Plan; and
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WHEREAS, the COUNTY desires to engage the SPONSOR to implement such undertakings of the
HOME Program as a valid and worthwhile County purposes.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein contained,
including the Attachments, and subject to the terms and conditions hereinafter stated, the Parties hereto
understand and agree as follows:
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Big Cypress Housing Corporation
2003 HOME CHnO Agreement
Page 1 of 18
Agenda Item No. 16A16
July 26, 2005
Page 6 of 22
I - Defmitions
(I) "COUNTY" means Collier County, and where applicable, its authorized
representati ve( s).
(2) HOME is hereby defined as the HOME Investment Partnerships Program as described
in 24 CFR Part 92, under the authority of 42 U.S,C. 3535 (d) and 12701 - 12839.
(3) "F AH" means the Financial Administration and Housing Department of Collier County.
(4) "SPONSOR" means the Big Cypress Housing Corporation.
(5) "FAH Approval" means the written approval of the FAH Department or designee.
(6) "HUD" means the Secretary of the U.S. Department of Housing and Urban
Development or a person authorized to act on its behalf.
(7) "Low and moderate income persons" means the definition set by HUD.
(8) "Project" means the work contemplated to be perfonned as set forth in Section III,
Scope of Work.
(9) "FEE" is hereby defined as the amount of money the COUNTY agrees to pay and the
SPONSOR agrees to accept as payment in full for all the professional and technical
services rendered pursuant to this Agreement to complete the WORK as further defined
in Section III, Scope of Work, hereof.
(10) "WORK" - is hereby defined as all the professional and technical services to be
rendered or provided by the SPONSOR as described here.
II-Iwn
The SPONSOR expressly agrees to complete all work required by this agreement in accordance with
the timetable set forth below.
Milestone Deadline
Submit for Countv nermits 08/01/2005
Meet with County FAH staff on 08/30/2005
environmental review and CoC funding
status
County FAH staff issues notice to 10/01/2005
commence based on environmental &
funding availability
Obtain County permits 11/01/05
Initiate site clearance 10/15/05
Start construction 11/01/05
Construction 4 CoC units complete 11/{) 1/06
In addition, the project is subject to ongoing compliance requirements of HOME for fifteen (15) years.
During the compliance period, the SPONSOR will assure continued compliance with HOME
Big Cypress Housing Corporation
2003 HOME CHDO Agreement
Page 2 of 18
Agenda Item No. 16A 16
July 26, 2005
Page 7 of 22
requirements. For rental units, this includes ongoing property standards, occupancy and rent limit
compliance.
Timely completion of the work specified in this agreement is an integral and essential part of
performance. However, this conditional HOME commitment is subject to Collier County Financial
Administration and Housing receiving environmental clearance as stated in XVIII General Conditions
O. and P. and commitment from HUn extending the 2003 Continuum of Care grant funding designated
for the four (4) units ofCoC housing. The expenditure of HOME funds is subject to Federal deadlines
and regulations and could result in the loss of the Federal funds. By the acceptance and execution of
this agreement, it is understood and agreed by the SPONSOR that the PROJECT will be completed as
expeditiously as possible and that the SPONSOR will make every effort to ensure that the project will
proceed and will not be delayed. Failure to meet these deadlines can result in cancellation of this
contract and the revocation of HOME funds. Since it is mutually agreed that time is of the essence as
regards this Agreement, the SPONSOR shall cause appropriate provisions to be inserted in all contracts
or subcontracts relative to the work tasks required by this agreement, in order to ensure that the
PROJECT will be completed according to the timetable set forth. It is intended that such provisions
inserted in any subcontracts be, to the fullest extent permitted by law and equity, binding for the benefit
of the COUNTY and enforceable by the COUNTY against the SPONSOR and its successors and
assigns to the project or any part thereof or any interest therein.
In the event the SPONSOR is unable to meet the above schedule or complete the above services
because of delays resulting from Acts of God, untimely review and approval by the COUNTY and
other governmental authorities having jurisdiction over the PROJECT, or other delays that are not
caused by the SPONSOR, the COUNTY shall grant a reasonable extension of time for completion of
the WORK. It shall be the responsibility of the SPONSOR to notify the COUNTY promptly in writing
whenever a delay is anticipated or experienced, and to inform the COUNTY of all facts and details
related to the delay.
The SPONSOR shall, in a satisfactory and proper manner, as determined by F AH, perform the tasks
necessary to conduct the program outlined in the Scope of Work and shall submit Monthly Progress
Reports and request for reimbursement using Exhibit "A" and with Exhibit "B," all of which are
attached hereto and made a part hereof.
III - Scope of Work
The SPONSOR, in close coordination with the COUNTY, shall perform all professional services (the
"WORK") necessary to complete the development of the following project in full compliance with the
terms of this Agreement:
The Big Cypress Housing Corporation will undertake the development and construction of four (4)
single-family detached rental units to be used for supportive housing for homeless households in
accordance with the approved Continuum of Care agreement. These four (4) rental units will be
developed in conjunction with Eden Garden Phase I on approximately 20 acres. It is that
approximately 22 homeless individuals may be housed in the four single-family detached rental units.
Collier County government, or its designated service and management provider, will identify
potentially eligible individuals and families for these supportive housing units.
Big Cypress Housing Corporation
2003 HOME CHDO Agreement
Page 3 of 18
Agenda Item No. 16A 16
July 26, 2005
Page 8 of 22
The SPONSOR will provide a specific working budget and realistic timetable as relates to all HOME
and non-HOME funds and shall be submitted within thirty (30) days of the agreement approval.
IV - Reimbursement of EXDenses & Fees
A. The SPONSOR shall be paid by the COUNTY for allowable costs detennined by the
COUNTY, in an amount not to exceed TWO HUNDRED TWENTY FOUR THOUSAND
DOLLARS ($224,000.00) for implementation and completion of this four (4) -unit rental
housing development and construction activity.
B. Project expenses shall be paid based on a reimbursement basis for actual expenses incurred and
paid. Requests for payment must be submitted by the SPONSOR by the 30th of each month on
forms specified by the COUNTY, with adequate and proper documentation as defined by
HOME Program Regulations, of eligible costs incurred in compliance with 24 CFR92.206 and
necessary for HUD Integrated Disbursement Information System (IDIS) disbursement
requirements. Assuming no extenuating circumstances, project expenses will then be
reimbursed to the Sponsor within 21 working days in accordance with State and County policy.
All such expenses shall be in conformance with the approved project budget. Budget revision
and approval shall be required prior to payment of any expenses not conforming to the
approved project budget.
C, The COUNTY reserves the right to inspect records and project sites to determine that
reimbursement and compensation requests are reasonable. The COUNTY also reserves the
right to hold payment until adequate documentation has been provided and reviewed, but such
payments shall not be arbitrarily nor unreasonably withheld if adequate documentation as
defined by HOME regulations is provided.
D. The SPONSOR may submit a final invoice upon completion with a letter requesting closeout of
the project. Final payment shall be made after the COUNTY has determined that all services
have been rendered, files and documentation delivered, and units have been placed in service in
full compliance with HOME regulations, including submission of a completion report and
documentation of eligible occupancy, property standards and applicable restrictions. Said
determination shall be made within reasonable time, but no later than forty-five (45) days after
the Sponsor has submitted its final invoice.
E. The COUNTY shall have the right to review and audit all records of the SPONSOR pertaining
to any payment by the COUNTY. Said records shall be maintained for a period of five years
after completion.
V - Proiect Reauirements
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The SPONSOR agrees to comply with all requirements of the HOME Program as stated in 24 CFR
Part 92, including but not limited to the following.
A. For all activities except predevelopment, no HOME project funds will be advanced, and no
costs can be incurred, until the COUNTY has conducted an environmental review of the
Big Cypress Housing Corporation
2003 HOME CHDO Agreement
Page 4 of 18
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Agenda Item No. 16A16
July 26, 2005
Page 9 of 22
proposed project site as required under 24 CFR 58. The environmental review may result in a
decision to proceed with, modify or cancel the grant assistance.
Notwithstanding any provision of this Agreement, the Parties hereto agree and acknowledge
that this Agreement does not constitute a commitment of funds or site approval, and that such
commitment of funds or approval may occur only upon satisfactory completion of
environmental review and receipt by the COUNTY of a release of funds from the U.S.
Department of Housing and Urban Development under 24 CFR 58. The HOME funds
advanced to the PROJECT will be secured by lease agreements and deposit agreements.
B. The SPONSOR will ensure that any expenditure of HOME funds will be in compliance with
the requirements at 24 CFR 92.206, and acknowledges that HOME funds will only be provided
as reimbursement for eligible costs incurred, including actual expenditures or invoices for work
completed.
C. The designated HOME-assisted units of this PROJECT will meet the affordability requirements
as found in 24 CFR 92.252 (rental housing). The SPONSOR shall collect and maintain Project
beneficiary information pertaining to household size, income levels, racial characteristics, and
the presence of Female Headed Households in order to determine low and moderate-income
benefit in a cumulative and individual manner. Income documentation shall be in a form
consistent with HOME requirements as stated in the HUD Technical Guide for Determining
Income and Allowances Under the HOME Program.
D. In the selection of occupants for PROJECT units, the SPONSOR shall comply with all non-
discrimination requirements of 24 CFR 92.350. Such procedures are subject to approval of the
FAH. The SPONSOR will implement affirmative marketing procedures as required by 24 CFR
92.351. Such procedures are subject to approval of the FAH.
E. The SPONSOR shall assure compliance with 24 CFR 92.251 as relates to Property Standards
and Housing Quality Standards (HQS), Accessibility Standards under 24 CFR 92.251(a)(3) as
applicable, and Lead Based Paint Requirements as found in 24 CFR 92.355 and 24 CFR Part
35.
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F. The SPONSOR shall provide documentation approved by F AH regarding match for purposes of
the HOME program.
G. The SPONSOR will be monitored by F AH for compliance with the regulations of 24 CFR 92
for the compliance period specified above. The SPONSOR will provide reports and access to
project files as requested by F AH during the PROJECT and for Five (5) years after completion
and closeout of the AGREEMENT. Project records must be maintained on site.
Big Cypress Housing Corporation
2003 HOME CHDO Agreement
Page 5 of 18
Agenda Item No. 16A 16
July 26, 2005
Page 10 of 22
VI - ReDavment
A. All HOME funds are subject to repayment in the event the PROJECT does not meet the Project
goal related to the development and construction of housing. HOME loans are amortized as
follows:
(1) For pre-development activity that does not result in the development of housing units, the
amortized loan is forgiven after one (1) year.
(2) For pre-development activity that does result in the development of housing units, the
amortized loan is forgiven over five (5) years
B. Upon the completion of the PROJECT, any HOME funds reserved but not expended under this
Agreement will revert to the COUNTY within thirty (30) days.
VII - Procurement Standards
The SPONSOR shall establish procurement procedures to ensure that materials and services are
obtained in a cost-effective manner. When procuring for services to be provided under this agreement,
the SPONSOR shall comply at a minimum with the nonprofit procurement standards at 24 CFR 84.40 _
.48.
In addition, the following requirements are imposed on any procurement under this PROJECT:
Comply with Collier County Purchasing Ordinance # 87-25, amended by Resolution #97-435, as may
be amended, which will be provided to the SPONSOR.
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In addition, any SPONSOR that can be considered to be a religious organization shall abide by all
portions of 24 CFR 92.257.
VIII - Conflict of Interest Provisions
HOME conflict of interest provisions, as stated in 24 CFR 92.356(f), apply to the award of any
contracts under this Agreement and the selection of tenant households to occupy HOME-assisted units.
The SPONSOR must request exceptions and the F AH grant exceptions as permitted by regulation.
In addition, the COUNTY also has elected to apply the conflict of interest provisions in 24 CFR
92.356(b) - (e) to this project. Therefore, the award of contracts and the award of any unit benefits to
covered parties of the SPONSOR are subject to prior disclosure by the SPONSOR and an exception
from the COUNTY as outlined in 24 CFR 92.356(d) - (e).
The SPONSOR warrants and covenants that it presently has no interest and shall not acquire any
interest, directly or indirectly, which could conflict in any manner or degree with the performance of its
services hereunder. The SPONSOR further warrants and covenants that in the performance of this
Agreement, no person having such interest shall be employed.
No member or Delegate to the Congress of the United States shall be permitted to any share or part of
this Agreement or any benefit to raise herefrom. No member, officer or employee of the COUNTY; or
its designees, or agents; or member of the Board of County Commissioners of the Collier County; and
Big Cypress Housing Corporation
2003 HOME CHDO Agreement
Page 6 of 18
Agenda Item No. 16A 16
July 26,2005
Page 11 of 22
no other public official of the COUNTY who exercises any functions or responsibilities with respect to
the program during his tenure or for one (1) year thereafter, shall have any interest direct or indirect, in
any contract or subcontract, or the proceeds thereof, for work to be performed under this Agreement.
IX - COUNTY Responsibilities
The COUNTY shall furnish the SPONSOR with the following services and information from existing
COUNTY records and COUNTY files:
A. The COUNTY shall provide to the SPONSOR information regarding its requirements for the
PROJECT.
B. The COUNTY will provide the SPONSOR with any changes in HOME regulations or program
limits that affect the project, including but not limited to income limits, property value limits
and rent limits.
C. The COUNTY will conduct progress monitoring to protect its interests as lender and regulatory
authority for the project, and will provide information to the SPONSOR regarding any progress
inspections or monitoring to assist it in ensuring compliance.
The COUNTY's review and approval of the WORK will relate only to overall compliance with the
general requirements of this Agreement and HOME regulations, and all COUNTY regulations and
ordinances.
Nothing contained herein shall relieve the SPONSOR of any responsibility as provided under this
Agreement.
X - Equal Emplovment OPDortunitv
During the performance of this contract, the SPONSOR agrees as follows:
A. The SPONSOR will not discriminate against any employee or applicant for employment
because ofrace, color, religion, sex, or national origin(s). The SPONSOR will take affirmative
action to ensure the applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex or national origin(s). 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, including apprenticeship. The SPONSOR
agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided by the contracting officer of the COUNTY setting forth the provisions of
this nondiscrimination clause.
B. The SPONSOR will, in all solicitations or advertisements for employees placed by or on behalf
of the SPONSOR, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, or national origin.
Big Cypress Housing Corporation
2003 HOME CHDO Agreement
Page 7 of18
Agenda Item No. 16A 16
July 26, 2005
Page 12 of 22
C. The SPONSOR will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, a notice to be provided by
the COUNTY's contracting officer, advising the labor union or worker's representative of the
SPONSOR's commitments under Section 202 of Executive Order No. 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
D. The SPONSOR will comply with all provisions of Executive Order 11246 of September 24,
1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
E. The SPONSOR will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will pennit access to its books, records, and accounts by the COUNTY
and the Secretary of Labor for purposes of investigation to ascertain compliance with such
rules, regulations, and order.
F. In the event the SPONSOR is found to be in noncompliance with the nondiscrimination clauses
of this contract or with any of such rules, regulations or orders, this contract may be canceled,
terminated or suspended in whole or in part and the SPONSOR may be declared ineligible for
further Government contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965 or by rule, regulations, or order of
the Secretary of Labor or as otherwise provided by law.
G. The SPONSOR will include the provisions of paragraphs (a) through (g) of this agreement in
every subcontract or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24,
1965, so that such provisions will be binding upon each subcontractor or vendor. The
SPONSOR will take such action with respect to any subcontract or purchase order as the
COUNTY may direct as a means of enforcing such provisions, including sanctions for
noncompliance; provided, however, that in the event the SPONSOR becomes involved in, or is
threatened with litigation with a subcontractor or vendor as a result of such direction by the
COUNTY, the SPONSOR may request the United States to enter into such litigation to protect
the interest of the United States.
XI - Labor. Trainin2 & Business ODPortunitv
The SPONSOR agrees to comply with the federal regulations governing training, employment and
business opportunities as follows:
A. It is agreed that the WORK to be performed under this Agreement is on a project assisted under
a program providing direct Federal financial assistance from the US Department of Housing
and Urban Development and is subject to the requirements of Section 3 of the Housing and
Urban Development Act of 1968, as amended, 12 V.S.C. 1701 u, as well as any and all
applicable amendments thereto. Section 3 requires that, to the greatest extent feasible,
opportunities for training and employment be given low and moderate income residents of the
project area, and that contracts for work in connection with the project be awarded to business
Big Cypress Housing Corporation
2003 HOME CHDO Agreement
Page 8 of 18
Agenda Item No. 16A 16
July 26, 2005
Page 13 of 22
concerns which are located in, or owned in substantial part by persons residing in the project
area.
B. The SPONSOR shall comply with the provisions of said Section 3 and the regulations issued
pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 Code of
Federal Regulations and all applicable rules and orders of the U.S. Department of Housing and
Urban Development issued thereunder as well as any and all applicable amendments thereto
prior to the execution of this contract as well as during the term of this Agreement. The
SPONSOR certifies and agrees that it is under no contractual or other disability, which would
prevent it from complying with these requirements as well as any and all applicable
amendments thereto.
C. The SPONSOR will include this Section 3 clause in every subcontract for work in connection
with the project and will, at the direction of the COUNTY, take appropriate action pursuant to
the subcontractor upon a finding that the subcontractor is in violation of regulations issued by
the Secretary of Housing and Urban Development, in 24 Code of Federal Regulations. The
SPONSOR will not subcontract with any subcontractor where it has notice or knowledge that
the latter has been found in violation of regulations under 24 code of Federal Regulations and
will not let any subcontract unless the subcontractor has first provided it with a preliminary
statement of ability to comply with these requirements as well as with any and all applicable
amendments thereto.
D. Compliance with the provisions of Section 3, the regulations set forth in 24 Code of Federal
Regulations and all applicable rules and orders of Housing and Urban Development issued
thereunder prior to the execution of the contract shall be a condition precedent to federal
financial assistance being provided to the PROJECT as well as a continuing condition, binding
upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill
these requirements shall subject the SPONSOR or recipient, its contractors and subcontractors,
its successors, and assigns to those sanctions specified by 24 Code of Federal Regulations as
well as with any and all applicable amendments thereto.
XII - ComDliance with Federal. State & Local Laws
The SPONSOR covenants and warrants that it will comply with all applicable laws, ordinances, codes,
rules and regulations of the state local and federal governments, and all amendments thereto, including,
but not limited to; Title 8 of the Civil Rights Act of 1968 PL.90-284; Executive Order 11063 on Equal
Opportunity and Housing Section 3 of the Housing and Urban Development Act of 968; Housing and
Community Development Act of 1974, as well as all requirements set forth in 24 CFR 92 of the
HOME INVESTMENT PARTNERSHIPS PROGRAM. The SPONSOR covenants and warrants that
it will indemnify and hold the County forever free and harmless with respect to any and all damages
whether directly or indirectly arising out of the provisions and maintenance of this contract.
The SPONSOR agrees to comply with all applicable standards, orders, or requirements issued under
section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C.
1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15).
Big Cypress Housing Corporation
2003 HOME CHDO Agreement
Page 9 of18
Agenda Item No. 16A 16
July 26,2005
Page 14 of 22
The SPONSOR further warrants and agrees to include or cause to be included the criteria and
requirements of this section in every non-exempt subcontract in excess of $ t 00,000. The SPONSOR
also agrees to take such action as the federal, state or local government may direct to enforce aforesaid
provisions.
As provided in F.S. 287.133 by entering into this Agreement or performing any work in furtherance
hereof, the SPONSOR certifies that it, its affiliates, suppliers, subcontractors and consultants who will
perform hereunder, have not been placed on the convicted vendor list maintained by the State of
Florida Department of Management Services within the 36 months immediately preceding the date
hereof. This notice is required by F.S. 287.133 (3)(a).
XIII - SusDension & Termination
In accordance with 24 CFR 85.43, suspension or termination may occur if the SPONSOR materially
fails to comply with any term of the award, and that the award may be terminated for convenience in
accordance with 24 CFR 85.44.
If, through any cause, the SPONSOR shall fail to fulfill in timely and proper manner its obligations
under this contract, or if the SPONSOR shall violate any of the covenants, agreements, or stipulations
of this contract, the COUNTY shall thereupon have the right to terminate this contract by giving
written notice to the SPONSOR of such termination and specifying the effective date thereof, at least
five (5) days before the effective date of such termination. In such event, the SPONSOR shall be
entitled to receive just and equitable compensation for any work satisfactorily completed hereunder to
the date of said termination. Notwithstanding the above, the SPONSOR shall not be relieved of
liability to the COUNTY for damages sustained by the COUNTY by virtue of any breach of the
contract by the SPONSOR and the COUNTY may withhold any payments to the SPONSOR for the
purpose of setoff until such time as the exact amount of damages due the COUNTY from the
SPONSOR is determined whether by court of competent jurisdiction or otherwise.
XIV - Termination for Convenience of the COUNTY
The COUNTY may terminate for its convenience this contract at any time by giving at least thirty (30)
days notice in writing to the SPONSOR. If the contract is terminated by the COUNTY, as provided
herein, the County will reimburse for any actual and approved expenses incurred, including those costs
involved in terminating the contracts and shutting down the work as of the date of notice, and the
SPONSOR will be paid as a FEE an amount which bears the same ratio to the total compensation as
the services actually performed bear to the total service of the SPONSOR covered by this contract, less
payments of compensation previously made. Claims and disputes between the Parties will be
submitted to the American Arbitration Association for resolution. Award or judgment may be entered
in any court having jurisdiction thereof.
Big Cypress Housing Corporation
2003 HOME CHDO Agreement
Page 10 of 18
XV - Default-Loss of Grant Funds
If the SPONSOR fails in any manner to fully perform and carry out any of the terms, covenants, and
conditions of the agreement, and more particularly if the SPONSOR refuses or fails to proceed with the
Agenda Item No. 16A16
July 26, 2005
Page 15 of 22
work with such diligence as will insure its completion within the time set forth in this Agreement, the
SPONSOR shall be in default and notice in writing shall be given to the SPONSOR of such default by
the COUNTY or an agent of the COUNTY. If the SPONSOR fails to cure such default within such
time as may be required by such notice, the COUNTY, acting by and through the FAH, may at its
option terminate and cancel the Agreement.
In the event of such termination, all grant funds awarded to the SPONSOR pursuant to this Agreement
shall be immediately revoked and any approvals related to the PROJECT shall immediately be deemed
revoked and canceled. In such event, the SPONSOR will no longer be entitled to receive any
compensation for work undertaken after the date of the termination of this Agreement, as the grant
funds will no longer be available for this project.
Such termination shall not effect or terminate any of the rights of the COUNTY as against the
SPONSOR then existing, or which may thereafter accrue because of such default, and the foregoing
provision shall be in addition to all other rights and remedies available to the COUNTY under the law
and the note and mortgage (if in effect), including but not limited to compelling the SPONSOR to
complete the project in accordance with the tenns of this Agreement, in a court of equity.
The waiver of a breach of any term, covenant or condition hereof shall not operate as a waiver of any
subsequent breach of the same or any other term, covenant, or condition hereof.
XVI - ReDortine ResDonsibilities
The SPONSOR agrees to submit any and all detailed monthly progress reports required by the
Financial Administration and Housing Department (F AH) outlining the status of specific activities
under the project. Each report must account for the total activity for which the SPONSOR is
reimbursed with HOME funds, in part or in whole, and which is required in fulfillment of their
obligation regarding the project. The progress reports should be mainly in the form of a narrative, and
shall be used as an additional basis for F AH approval of invoice, etc. for reimbursement. The form
must be completed for the past month and submitted to FAH staff by the 10th of the following month.
The F AH will send the SPONSOR one reminder notice if the monthly report has not been received
fourteen (14) days after the due date. If the SPONSOR has not submitted a report fourteen (14) days
after the date on the reminder notice, the COUNTY will have the option to terminate the contract as
described in this Agreement. In addition, the SPONSOR agrees to provide the F AH information as
required to determine program eligibility, in meeting national objectives, and financial records
pertinent to the project. Reporting requirements are included as A IT ACHMENT A.
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XVII - InsDection. Monitorine & Access to Records
The COUNTY reserves the right to inspect, monitors, and observe work and services performed by the
SPONSOR at any and all reasonable times.
Big Cypress Housing Corporation
2003 HOME CHDO Agreement
Page II of 18
Agenda Item No. 16A16
July 26,2005
Page 16 of 22
The COUNTY reserves the right to audit the records of the SPONSOR any time during the
performance of this Agreement and for a period of five years after final payment is made under this
Agreement.
If required, the SPONSOR will provide the FAH with a certified audit of the SPONSOR's records
representing the Fiscal Year during which the PROJECT becomes complete whenever the amount
listed in SECTION VII is at or exceeds $300,000, pursuant to the requirements of OMB Circular A-
133.
Access shall be immediately granted to the COUNTY, HUD, the Comptroller General of the United
States, or any of their duly authorized representatives to any books, documents, papers, and records of
the SPONSOR or its contractors which are directly pertinent to that specific contract for the purpose of
making audit, examination, excerpts, and transcriptions. Records shall be maintained on the premises.
XVIII - General Conditions
A. All notices required to be given under this Agreement shall be sufficient when delivered to
FAH at its office, presently located at 2800 North Horseshoe Drive, Suite 400, Naples, Florida
34104, and to the SPONSOR when delivered to its office at the address listed on page one (1)
of this Agreement.
B. Title and paragraph headings are for convenient reference and are not a part of this Agreement.
C. In the event of conflict between the terms of this Agreement and any terms or conditions
contained in any attached documents, the terms in this Agreement shall rule.
D. No waiver or breach of any provision of this Agreement shall constitute a waiver of a
subsequent breach of the same or any other provision hereof, and no waiver shall be effective
unless made in writing.
E. The Parties hereto agree that this Agreement shall be construed and enforced according to the
laws of the State of Florida.
F. Should any provisions, paragraphs, sentences, words or phases contained in this Agreement be
determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable
under the laws of the State of Florida or the Collier County, such provisions, paragraphs,
sentences, words or phrases shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable to conform with such laws, then same shall be
deemed severable, and in either event, the remaining terms and provisions of this Agreement
shall remain unmodified and in full force and effect.
G. The SPONSOR shall comply with the provisions of the Copeland Anti-Kick-Back Act (18
V.S.C. 874) as supplemented in the Labor Regulations (29 CFR Part 3), as amended.
H. The SPONSOR shall comply with the provisions of sections 103 and 107 of the Contract Work
Hours and Safety Standard Act (40 U.S.C. 327-330) as supplemented by Labor regulations (29
CFR, Part 5), as amended.
Big Cypress Housing Corporation
2003 HOME CHDO Agreement
Page 12of18
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Agenda Item No. 16A 16
July 26, 2005
Page 17 of 22
I. The SPONSOR further warrants and agrees to include or cause to be included the criteria and
requirements of paragraphs (0) through (H) of this section in every nonexempt subcontract.
The SPONSOR also agrees to take such action as the federal, state or local government may
direct to enforce aforesaid provisions.
J. The obligations undertaken by SPONSOR pursuant to this Agreement shall not be delegated or
assigned to any other person or agency unless COUNTY shall first consent to the performance
or assignment of such service or any part thereof by another person or agency.
K. The Agreement shall be binding upon the Parties hereto, their heirs, executors, legal
representative, successors and assigns.
L. SPONSOR shall indemnify and save COUNTY harmless from and against any negligent
claims, liabilities, losses and causes of action which may arise out of SPONSOR's activities
under this Agreement, including all other acts or omissions to act on the part of SPONSOR,
including any person acting for or on its behalf, and, from and against any orders, judgments, or
decrees which may be entered and from and against all costs, attorneys fees, expenses and
liabilities incurred in the defense of any such claims, or in the investigation thereof.
M. SPONSOR and its employees and agents shall be deemed to be independent contractors, and
not agents or employees of the COUNTY, and shall not attain any rights or benefits under the
civil service or pension ordinances of the COUNTY, or any rights generally afforded classified
or unclassified employee; further they shall not be deemed entitled to state Compensation
benefits as an employee of the COUNTY.
O. Notwithstanding any other provision of this Agreement, the Parties hereto agree and
acknowledge that this Agreement does not constitute a commitment of funds or site approval,
and that such commitment of funds or approval may occur only upon satisfactory completion of
environmental review and receipt by Collier County Financial Administration and Housing of a
release of funds from the U.S. Department of Housing and Urban Development under 24 CFR
Part 58. The Parties further agree that the provision of any funds to the project is conditioned
on the Collier County Financial Administration and Housing's determination to proceed with,
modify, or cancel the project based on the results of an environmental review, or a lack ofHUD
Continuum of Care funding for the four CoC units.
P. This Agreement is conditional in that it prohibits the SPONSOR from undertaking or
committing any funds to physical or choice-limiting actions, including construction, prior to the
environmental clearance and written notification from Collier County Financial Administration
and Housing to proceed with this four (4) unit CoC housing construction activity. A violation
of this provision may result in the COUNTY not providing any funding under this Agreement.
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N. Funding for this Agreement is contingent on the availability of funds and continued
authorization for program activities and is subject to amendment or termination due to lack of
funds, or authorization, reduction of funds, and/or change in regulations.
Big Cypress Housing Corporation
2003 HOME CHDO Agreement
Page 13 of 18
Agenda Item No. 16A16
July 26, 2005
Page 18 of 22
XVIX - Entire Understandine:
This Agreement and its provisions merge any prior agreements, if any, between the parties hereto and
constitutes the entire understanding. The parties hereby acknowledge that there have been and are no
representations, warranties, covenants, or undertakings other than those expressly set forth herein.
WITNESS our Hands and Seals on this _day of
,2005.
BIG CYPRESS HOUSING CORPORATION
(SUBRECIPIENT SEAL)
(Optional)
BY:
STEVE KIRK.,
PRESIDENT
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
By:
~ .~eputyClerk
Patrick G. White
Assistant County Attorney
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, CHAIRMAN
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS
Big Cypress Housing Corporation
2003 HOME CHDO Agreement
Page 14 of18
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Agenda Item No. 16A 16
July 26, 2005
Page 19 of 22
"ATTACHMENT A"
HOME MONTHLY PROGRESS REPORT
Complete form for past month and submit to F AH staff by the 1 (/" of the following month.
Status Report for Month of
Submittal Date:
Project Name
Project Number
Activity Number
Sponsor:
Contact Person
Telephone:
Fax:
E-mail:
1. Activity Status/Milestones (describe any action taken, relating to this project, during the past month):
2. What events/actions are scheduled for the next two months?
3. Describe any affirmative marketing you have implemented regarding this project. Please list and attach
any recent media coverage of your organization relating to this project.
4. List any additional data relevant to the outcome measures listed on the application for this project.
5. What events/actions are scheduled for the next two months?
Big Cypress Housing Corporation
2003 HOME CHDO Agreement
Page 15 of 18
Agenda Item No. 16A 16
July 26, 2005
Page 20 of 22
6. Describe any affirmative marketing you have implemented regarding this project. Please list and attach
any recent media coverage of your organization relating to this project.
7. List any additional data relevant to the outcome measures listed on the application for this project.
8. New leases executed this month (if applicable):
Name of Applicant
Security Deposit
Utility Deposit
~OTAL BENEFICIARIES
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For projects that serve a particular clientele, please complete the following information by entering the appropriate nwnber
in the blank spaces and in the chart below. Complete the below chart for NEW clients served this month. DO NOT
DUPLICATE clients served in previous months. You may provide data by either households or persons served. However,
if one person received TWO services this counts as TWO SERVICE UNITS:
This project benefits households or persons. Please circle one category (either "households" or "persons").
Enter the number a/beneficiaries in the blank space and in box "1. "
INCOME
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Of the households or persons assisted, are extremely low-income income (0-30%) ofthe current Median
Family Income (MFI). Enter this number in box "2. "
Of the households or persons assisted,
(MFI). Enter this number in box "3. "
are very low-income (31-50%) of the current Median Family Income
Of these households or persons assisted,
(MFI). Enter this number in box "4. "
are low income (51-80%) of the current Median Family Income
NOTE: The total of boxes 2,3 and 4 should equal the number in box 1.
Big Cypress Housing Corporation
2003 HOME CHDO Agreement
Page 16 of 18
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Agenda Item No. 16A16
July 26, 2005
Page 21 of 22
FEMALE HEAD OF HOUSEHOLD
This project assisted
below.
Female Head of Households REGARDLESS of income. Enter this number in box "5"
BOX I BOX 2 BOX 3 BOX 4 BOX 5
Total Number of Extremely Very Low [ncome Female Head of Household
Households or Persons Low Income Low Income (51-80%)
Assisted (0-30%) (31-50%)
Sponsor must indicate total beneficiaries for Race AND Ethnicitv
Definitions of Race:
1. White: A person having origins in any of the original peoples of Europe, the Middle East, or North Africa.
2. Black or African-American: A person having origins in any of the black racial groups of Africa.
3. Asian: A person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian
subcontinent including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the
Philippine Islands, Thailand, and Vietnam.
4. American Indian or Alaska Native: A person having origins in any of the original peoples of North and
South America (including Central America), and who maintains tribal affiliation or community attachment.
5. Native Hawaiian or Other Pacific Islander: A person having origins in any of the original people of Hawaii,
Guam, Samoa, or other Pacific Islands.
1. Hispanic or Latino: A person of Cuban, Mexican, Puerto Rican, South or Central American, or other
Spanish culture or origin, regardless of race.
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Definitions of Ethnicity:
Tabulation Table of Race and Ethnicitv Beneficiaries
Race # Total # Hispanic
White
Black or African American
Asian
American Indian or Alaskan Native
Native Hawaiian or Other Pacific Islander
American Indian/Alaska Native and White
Asian and White
Black/ African American and White
American Indian/Alaskan Native and Black/African American
Other Multi-Racial
TOTAL:
Big Cypress Housing Corporation
2003 HOME CHDO Agreement
Page 17 of 18
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Agenda Item No. 16A 16
July 26, 2005
Page 22 of 22
EXHIBIT "B"
COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING
REQUEST FOR PAYMENT
SECTION I: REQUEST FOR PADGlNT
Subrecipient Name:
Subrecipient Address:
Project Name:
Project No:
Payment Request #
Dollar Amount Requested: $
SECTION II: STATUS OF FUNDS
1. Grant Amount Awarded
$
$
2. Sum of Past Claims Paid on this Account
3. Total Grant Amount Awarded Less Sum
Ofpast Claims Paid on this Account
$
$
$
4. Amount of Previous Unpaid Requests
5. Amount of Today's Request
6. Current Grant Balance (Initial Grant
Amount Awarded Less Sum ofall
Requests)
$
7. If applicable amount held as retainage to
date by the County, ifnot retained by
the sub-recipient.
$
I certify that this request for payment has been drawn in accordance with the tenns and conditions of the Agreement
between the County and us as the Sub-recipient. I also certify that the amount of the Request for Payment is not in excess of
current needs.
Signature
Date
Title
Authorizing Grant Coordinator
Supervisor
Big Cypress Housing Corporation
2003 HOME CHDO Agreement
Pagel80f18
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Agenda Item No. 16A 17
July 26, 2005
Page 1 of 43
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution amending the Collier County Administrative Code
Fee Schedule of development-related review and processing fees as provided for in Code of
Laws Section 2-11.
OBJECTIVE: To have the Board of County Commissioners (BCC) approve a resolution
amending the Collier C01mty Administrative Code Fee Schedule of development-related review
and processing fees as provided for in Code of Laws Section 2-11.
CONSIDERATIONS: The majority of operations within the Collier County Community
Development and Environmental Services Division (CDES) are funded by fees paid by those
engaging CDES' services. This Executive Summary is requesting the approval of one
adjustment/clarification to an existing fee, one adjustment to an existing fee, and clarification to
two existing fees.
The adjustment/clarification to the existing fee schedule relates to clarifying the additional
charge of $25 per acre for any Development of Regional Impact/Development Order (DRIIDO)
amendment deemed insubstantial - that is the acreage charge does not apply for amendments
- which only change the build-out date of the DO for a time period of less than 5 years.
The adjustment to the fee schedule relates to reducing site development plan review fees from 10
cents a square foot to 5 cents a square foot for the review of parking structures only.
The clarification of fee schedule language relates to section G.I. There is an existing $250 fee for
lot line adjustments and this fee would also apply for staff review of lot splits as adopted via
Ordinance No. 05-27, Cycle 1 2005, Land Development Code amendments effective June 16,
2005. The clarification relating to an existing $150 fee for Engineering Inspections applies to
accessory structures to residential dwelling units.
All of the proposed changes are commensurate with staff time to review these applications.
At the July 14, 2005 Development Services Advisory Committee (DSAC) meeting, the
committee unanimously endorsed the one adjustment/clarification to an existing fee, the one
adjustment to an existing fee, and the clarification to two existing fees by a vote of 8-0.
Included with this Executive Summary are: Exhibit "An - the CDES Fee Schedule, Attachment
"An - the Resolution, Attachment "B"- CDES Fee Schedule additions/subtractions, and
Attachment "C"- Summary of Fee Changes.
FISCAL IMP ACT: This Executive Summary requires no budget changes and/or reallocation of
funds. These fee changes have no significant effect on the FY 2005 budget.
.- GROWTH MANAGEMENT IMP ACT: There are no growth management impacts with this
Executive Swnmary.
Agenda Item No. 16A 17
July 26, 2005
Page 2 of 43
LEGAL CONSIDERATIONS: The proposed Resolution to amend the Collier County
Administrative Code Fee Schedule, provided for by Chapter 2-11 of the Collier County Code of
Laws and Ordinances, is internally consistent, complies with all applicable constitutional and
general law, and is legally sufficient for Board consideration and approval.
RECOMMENDATION: That the Board approve the enclosed resolution and attached Exhibit
A, which adopt the proposed changes to the Administrative Code for the Fee Schedule.
PREPARED BY: Michael S. Levy, Administrative Assistant, Financial Administration and Housing, CDES
Item Number
Item Summ.ry
Meeting Olte
Agenda Item No. 16A 17
July 26. 2005
Page 3 of 43
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A17
Recommendation to adopt a Resolution amending the Collier County Admin!strative Code
Fee Schedule of developmerlt.reiated re'Jiew and processing fees as provided for in Code
of Laws Sec1ion 2.11
7126/20059:00.00 AM
Prepared By
AdmInistrative ASSt10tant
7/15/::100511:14-:52 AM
Michael S, Levy
Cunllnunity Oevl!loprnent &
Environmental Services.
Date
Financial Admin. .\ HI)Using
Executive Secretary
Dale
Appro..d By
Sandra lea
Communily OErV(llopment &
Environrrtetlt.,1 ServiColI$
Community Developml!'nt &
Envir(lrunmtulSntviceG Admin,
7/15.'200512:55 PM
Financial Operiltions Manager
Dale
Approved By
Garrett Mulle~
Community Oeveloptnent &
Environmental Servic.es
Financial Admin. & Housing
7/15l2005 1:19 PM
Cons.tance A, Joonson
Operations> Analyst
Date
Approved By
Community DevelaJllnl!!llt &
Environmental Services.
Community Dnvelupment &
Environmental Services Admin.
7/15/20052:12 PM
Approved By
JDs.eph K. Schmitt
Community Development &
EnvirnlHnent.d SI~rvic(H;
Community OevelopmiPnt &
Environmental Services Admin"trator
Date
Community Development &
Envinmmnnt.1 SClrvices Admin.
7/15/2005 2:27 PM
As~i5lant County Attorney
0...
Approved By
Patrick G. Vu'hite
County Attomny
Counlv Attorney onicl!
7/151200$ 3:02 PM
Adminir.trative As.sistant
0...
Approved By
OMB Coordinator
County Manager's Office
Office of Management & Budget
7118/20058:59 AM
Budget Anal)l'!it
Date
Approved By
Mark hiuckson
County Manager's Office
Office at Management & Budget
7/18/20059:25 AM
Nllnagemeont & Budget Director
Date
Approved By
Michael Smykowski
County Manager'.... Office
Office of Manugern~llt & Budget
7/11/200511 :19 AN!
County Manager
Date
Approvrd By
James V. Mudd
Board of County
Commissioners
CI)Uflty Manayp.:r'1S Otfk:P.:
7/16l2005 ":41 PM
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Agenda Item No. 16A1?
July 26, 2005
Page 4 of 43
RESOLUTION NO. 200S- _
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING THE COLLIER COUNTY ADMINISTRATIVE
CODE FEE SCHEDULE OF DEVELOPMENT RELATED
REVIEW AND PROCESSING FEES INCLUDING:
ELIMINATING THE ADDmONAL CHARGE OF S25 PER
ACRE FOR DRIlDO AMENDMENTS WHICH ONLY
CHANGE THE BUILD-OUT DATE OF THE DEVELOPMENT
ORDER FOR A TIME PERIOD OF LESS THAN FIVE YEARS;
REDUCING THE CURRENT CHARGE FOR SITE PLAN
REVIEW FOR STRUCTURES TO REDUCE THE FEE FOR
PARKING STRUCTURES ONLY FROM 10 CENTS A
SQUARE FOOT TO 5 CENTS A SQUARE FOOT;
CLARIFYING THAT AN EXISTING FEE OF 5250 FOR LOT
LINE ADJUSTMENTS ALSO APPLIES TO A LOT SPLIT
REVIEW APPLICATION; AND CLARIFYING THAT AN
EXISTING 5150 FEE FOR ENGINEERING INSPECTIONS
APPLIES TO ACCESSORY STRUCTURES TO
RESIDENTIAL DWELLING UNITS; PROVIDING FOR
INCLUSION IN THE COLLIER COUNTY ADMINISTRATIVE
CODE PURSUANT TO CODE OF LAWS SECTION 2-11;
SUPERSEDING RESOLUTION NO. 2005-221; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Collier County Code of Laws and Ordinances, Section 2-11 provides
that amendments to the Collier County Administrative Code may be adopted by resolution; and
WHEREAS, the Board of County Commissioners previously had approved Resolution
No. 2005-221, establishing a fee schedule of development related review and processing fees on
June 14,2005; and
WHEREAS, the revisions and clarifications in the fee schedule for eliminating the
additional charge of $25 per acre for a DRI/DO amendment which only changes the build-out
date of the development order for a time period of less than five years (item K) 8)); and that the
reduction of fees from 10 cents a square foot to five cents a square foot for the review of parking
structures only (item F) 1)); and the clarification that an existing fee of $250 for lot line
adjustments also applies to a lot split review application (item G) 1)); and the clarification that
an existing $150 fee for Engineering Inspections applies to accessory stnlctures to residential
dwelling units (item H) 1)); are reflective of the actual cost ofperfonning those tasks.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
Agenda Item No. 16A17
July 26, 2005
Page 5 of 43
The Board of County Commissioners hereby declares that the fees set forth as attached
hereto and incorporated by reference herein as "Exhibit A," are all fair and reasonable sums to be
assessed to those who receive the benefits of the services, reviews, and inspections required
pursuant to the Land Development Code and the County's corresponding development review
and permitting processes.
BE IT FURTHER RESOLVED that this Resolution, relating to fees authorized by the
Collier County Administrative Code for all fee changes, be recorded in the minutes of this Board
with an immediate effective date upon the Board of County Commissioners approval, and that
Resolution No. 2005-221 is hereby superseded by the adoption of this Resolution effective as
stated above, and that the Exhibit attached to this Resolution be included in, and be made a part
of, the Collier County Administrative Code.
This Resolution adopted after motion, second and majority vote.
Done this
day of
,2005.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
FRED W. COYLE, CHAIRMAN
Approved as to form and legal sufficiency:
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Patrick G. 'White '
Assistant County Attorney
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July 26, 2005
Page 6 of 43
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BXH:tBJ:'l' A
COLLiER COUNTY COMMUNiTY DEVELOPMENT AND
ENViRONMENTAL SERViCES PEE SCHEDULE
Bee Propo.e4 ver.iOD, JUly 26, 2005
COntent. :
A) ADMINISTRATION ............................... ........... .................................................. ......................... ............................................................................ 2
B) BLASTING PERMITS & INSPECTION ..................................................................................................................................................................2
C} ENVIRONMENTAULANDSCAPING ....................................................................................................................................................................3
D) EXCAVATION PERMITS ................. .............................................................. ............................................................................................ .............3
E) FIRE CODE REVIEW FEES ..................................................................................... ............ .... .............. .................................................................. 4
F) SITE DEVEWPMENT PLANS ................................................................................... ............. ....... ..... .................................................................... 4
G) SUBDIVISION .......... ....... ....... ......... ............................................... .... ...................... ..... ....... ........... ....... .......................................... ........... ..... ........ S
H) ENGINEERING INSPECTION FEES ............................................................ ......... ............. ......... ... .... ............................... ............................... ...... 6
I) TEMPORARY USE PERMITS ................................................................................. .................................................................................................6
1) WELL PERMITSIINSPECTlON5.. ...................................................................... ........... ..... ....... ........... ...................... ...... ............ .................. .... ......7
K) ZONING/LAND USE PETITIONS.... ..................... .............. ....................... .......... ........... ....... ..... .............................. ....... ........... ......................... 7-8
L) MISCELLANEOUS......... ... ........ ................... ........ .................................. ............. ............... ........... ....... ...... ..................... ...... ................ .......... .........9
M) BUIWING PERMIT APPLICATION FEE ................................................................................... .............................................................. ....... ... 10
N) BUILDING PERMIT FEES .. ........ ....... ................... .... ...... ....................... ... ...... ......... .............. ............ ..... .... ....... ....... ....... ... ........ .......................... 11
O} ELECTRICAL PERMIT FEES..... .............. ..... ... ...... ... ....... ........... ............. ...... .... ........ ......................... .......... ..... ........... .... ..................... ........... ... 11
P) PLUMBING PERMIT FEES..... ................... ............ .............. .................. ...... ..... .................. .... ..... ...................... ............. ................ ............. .......... 12
Q) MECHANICAL PER.lvlIT FEES... .......... ....... ... ....... ............. ................................. .... ..... ......... ..... ............................ .................. .................. ...... .... 12
R} FIRE PREVENTION AND CONTROL PERMIT FEES.........................................................................................................................................13
S) MOBILE HOME/OFFICE TRAILER AND OTHER TRAILER PERMIT FEES ..................................................................................................13
n CHICKEES AND SIMILAR STRUCIURES..........................................................................................................................................................13
U) POOL OR SPA PERMIT FEES...............................................................................................................................................................................13
V} SCREEN ENCLOSURE PERMIT & PAN ROOF FEES ........................................................................................................................................ 13
W) SIGN PERMIT FEES. ... ....... ........... ....... .......................... .................................. ........................................................ .... ................ ........... ....... ...... 14
X) CONVENIENCE PERMIT FEES............................................................................................................................................................................ 14
Y) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS ............................................................................................ 14
Z) PERMIT EXTENSiON..... ..... ............ .... .......... ............................................. ............ ....................... ......... ......... ..... ............ .................. ...... ..... ........ 14
AA) DEMOLITION OF BUILDING OR STRUCfURE PERMIT FEES....................................................................................................................14
BB) PRE-MOVING INSPECTION FEES ......................................................................................... ...........................................................................14
CC} INSPECTION FEES........ ......... ....... ..... ........ ... ... .......... ....... ........ .................. ...................................... .................................................................. 1 S
DO) REINSPECTION FEES ...... .......... ..... .............. ......... ................ ........... ................ ...... ....... ..................... ....... ................................... ..................... 15
EE) FAILURE TO OBTAIN A PERMIT ......... ................ ...............................................................................................m......................................... 15
FF) LICENSING. ............. .............. ....... ....... ..... ............................ .................. ........... ....... ...... ......... ............ ........ ....m........................................ ... ....... 1 S
GO) DUPLICATE PERMIT CARDS ............................................................................................ ............................................................................... 15
HH) CHANGE OF CONTRACTOR OR SUBCONTRACI'ORS ........................................................ ........................................................................15
II) PERMIT FEE REFUNDS ............. ...... ......... '" ........ ................. ............ ...................... .................. ....... ....... ....m... ....... ............ ............. ................ .... 15
JJ}-RECORD RETRJEV AL ......... ..... ... ...... ........................ ......... ............. ....... ..... ...... ................. .... ................. ............................................................. 16
KK) COPY FEES. ........... .... ....... ................... ....... ...................................... ................ ..... ... .... .............. ..... .......... ............................................... ....... .... 16
LL) RESEARCH ................... ..................................................................................... .............................................................................................. .... 16
MM) SUBSCRlPTION SERVICE.. ..... ..... .... ........................................ ........ ....... ............. ..................... ......... .............. ........... ............ ........ ................. 16
NN) ELECTRONIC DA TA CONVERSION SURCHARGE.......................................................................................................................................16
00) REGISTRA TlON OF RENTAL DWELLINGS ..............................................................................................................................m.................. 16
PP) CERTIFICATE TO BOARD BILLING .............. ......... ..... ............... .................. ................ ...................... ..................... .............. ................... ........ 16
QQ) ADDITIONAL FEE REFUND PROVISIONS ............................................................... ...................................................................................... 17
RR) REFUND PROVISIONS....... ............................... .... ...... ..... ......... ...... ........ ........... ............ ..... .......... ...... ............ ........ 17
5S) ADDITIONAL FEE PROVISiONS........ ............ ...... .... ....................... ........ .................. ...... ... ......... ..... .................... ...... 17
IT) PUBLIC VEHICLE FOR HIRE FEES............... ......................................... ...... .......... ... ........... ............. ............ ..............17
UU}"PAYMENT IN LIEU OF" FEE FOR PATHWAYS (SIDEWALKS, AND BIKE LANES).... ............................................ ............. .18
Fees are in bold
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FEES ARE ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS RESOLUTION, AND CANNOT
BE W AIVEDOR SUSPENDED WITHOUT AN ACTION BY TIlE BOARD OF COUNTY COMMISSIONERS,
ANY QUESTIONS CONCERNING nrn APPLICABILITY OF FEES SHALL BE CONCLUSIVELY
DETERMINED BY TIlE DIRECTOR OF THE APPROPIATE DEPARTMENT, AS APPLICABLE. WHERE AS
PART OF A REZONING, PLAT OR SIMILAR APPLICATION TYPE, THE BOARD OF COUNTY
COMMISSIONERS DIRECfS APPROVAL OF FUTURE DEVELOPMENT ORDERS DIFFERENT FROM THE
STANDARD TYPE OF APPROVAL PROCESSES REQUIRED, THE DIRECfOR OF THE APPROPRIATE
DEPARTMENT SHALL DETERMINE THE FEES TO BE APPLIED TO THE PROCESS NECESSARY TO MEET
TIlE BOARDS REQUIREMENTS. THE APPLICABLE FEES SHALL BE TIlOSE WHICH MOST CLOSELY
RESEMBLE TIlOSE CHARGED FOR SIMILAR PROCESSES INCLUDING EXTRA FEES FOR ADVERTISING
AND TIlE LIKE.
A) ADMINISTRA nON
1) Official Interpretation Request of Land Development Code (LDC), Growth Management Plan (GMP), or
Building Construction Administrative Code (Administrative Code). Based on staff hours: Less than 20 hours
51,500.00, 20 to 40 hours 53,000.00, more than 40 hours $5,000.00
2) Interpretation request submitted in conjunction with a land use petition or requested during site development
plan review process. $250.00
3) Determination of Vested Rights. 5100.00 (plus the County's out-of-pocket expenses associated with hearing
officer and hearings)
4) Appeal of Vested Rights Determination. 5100.00
5) Amendment to Land Developrnent Code. $3,000.00
6) Appeal of an Administrative Decision (as may be provided for in the Collier County Administrative Code or
the LDC). 51000.00 (non-refundable)
7) Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals (as may be provided for in
the Collier County Administrative Code or the LDC). $1,000.00 (non-refundable)
B) BLASTING PERMITS & INSPECTION
I) 30 day permit fee, non-refundable payable upon application. $250.00
2) 90 day permit fee, non-refundable payable upon application. 5600.00
3) Yearly permit fee, non-refundable payable upon application. 51,500.00
4) Renewal permit fee, non-refundable payable upon application. $200.00
5) After-the-fact fee, due to blasting without a permit. $10,000.00
6) Fine fee, per detonated shot with after-the-fact permit. 5200.00
7) Handler fee, for handler who assists the user or blaster in the use of explosives. 5100.00
8) Blasting Inspection Fee. $200.00 (per inspection)
9) Inspection fees shall be paid upon issuance of a blasting permit based on the estimated number of
blasts. Upon completion, fees will be adjusted to reflect actual number of blasts.
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C) ENVIRONMENT AIlLANDSCAPING
1) Site Clearing Permit, fIrst acre or fraction of an acre. 5250.00 Each additional acre or fraction of
an acre. $50.00 ($3,000.00 maximum)
2) Agricultural Land Clearing
a. Land Clearing Notification $250.00
b. Land Clearing Permit $250.00 Each additional acre or fraction of an acre. 550.00 ($3,000.00
maximum)
3) Landscape Tree Removal Fee $250
4) Environmental Impact Statement (EIS) $2,500.00 for 1st submittal and 2nd submittal if applicable,
3rd submittal 51,000.00, 4th and subsequent submittals 5500.00 each
5) Landscape Re-inspection 1st 550.00, 2nd 575.00, every inspection afterward S100.00
6) Vehicle on the Beach Permit Application. $250.00 (permit fee shall be waived for public and non-
profit organizations engaging in environmental activities for scientific, conservation or educational
purposes).
7) Beach Nourishment Permits - $400
8) Special Treatment Review
a. First five acres or less. $400.00
b. Each additional acre, or fraction thereof. $50.00 ($5,000.00 Maximum)
9) Coastal Construction Setback Line (CCSL):
a. CCSL Permits S400.00
b. Variance - Petition. $1000.00
10) Sea Turtle Permit-
a. Sea Turtle Handling Permits. $25.00
b. Sea Turtle Nesting Area Construction Permit. $200.00
c. Sea Turtle Nest Relocation. $100.00
11 ) Vegetation Removal Permit
a. First acre or fraction of an acre less. $250.00
b. Each additional acre, or fraction thereof S50.00 ($3,000.00 Maximum)
12) After-the-fact Environmental or Landscape Permits
a. CCSL Variance Petition. 2x normal fee
b. All other Environmental or Landscape Permits. 4x Dormal fee
D) EXCA V A TION PERMITS
I) Annual Renewal. 5300.00
2) Application (Private). 5400.00
3) Application (Commercial). 52,000.00
4) Application (Development). $400.00
5) $150.00 per inspection paid in advance for 12 months
6) Reapplication: $300.00 plus $200.00 per month inspection fee
7) Cubic Yardage Review Fee: $200.00 first 5000 cy, plus S10.00 per additional 1000 cy with a
maximum of 520,000.00
8) Time Extension. $150.00 plus S200.00 per month inspection fee
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9) After-the-fact Excavation Pennit 4x appUeation fee
E) FIRE CODE REVIEW FEES
1) Fire Code Review fees associated with each of the following processes:
a. SDP - Site Development Plan $200.00
b. SDP A - Site Development Plan, Amendment 5150.00
c. SDPI - Site Development Plan, Insubstantial 5100.00
d. SIP - Site Improvement PIan $150.00
e. SIPI - Site Improvement Plan, Insubstantial 5100.00
f. PSP - Preliminary Subdivision Plans $150.00
g. PSP A - Preliminary Subdivision Plans, Amendment $100.00
h. PPL - Plans & Plat, Subdivision $100.00
i. FP - Final Plat $100.00
J. CONSlR - Construction Plans, SubdivisionlUtilities $100.00
k. ICP - Construction Plans, Insubstantial $100.00
1. DRI - Development of Regional Impact $200.00
m. DOA - Development Order, Amendment $150.00
n. PUDZ - Planned Unit Development, Rezone $150.00
o. PUDA - Planned Unit Development, Amendment $150.00
p. PDI - Planned Unit Development, Insubstantial $100.00
q. RZ - Rezone, Regular Zoning $100.00
r. CD - Conditional Use $150.00
F) SITE DEVELOPMENT PLANS
I) Site Development Plan Review (SDP). $5000.00
a. plus $40.00 per DIU
b. plus 5100.00 per residential building structure;
c. plus $.10 per square foot for non-residential except that structures designed exclusively for parking
(parking garages) shall be calculated at $.05 per square foot.
d. plus 5200.00 per building for non-residential.
e. Additional fees for 3M review $1,000.00, 4lh review $1,500.00, Sib review $2,000.00, 611I and
subsequent reviews $2,500.00
2) Pre-application fee. 5500.00 (to be credited toward application fee upon submittal.)
a. Second and subsequent pre-app meetings at the applicant's request shall not be
credited towards appUcation fees.
b. Second and subsequent pre-app meetings at staff's request will be held at no charge
to the applicant.
c. Applications submitted 9 months or more after the date of the last pre-app meeting
shall not be credited towards application fees and a new pre-application meeting
will be required.
3) Simultaneous Review Fee (planning review ofsimultaneous building permit applications) 5100.00 per building
permit application
4) Site Development Plan Insubstantial Change
a. Site Development Plan Insubstantial Change. $400.00 for first sheet, $100.00 for each and every
additional sheet submitted.
b. Additional fees for 3M review $1,000.00,411I Review 51,500.00, 5lh and subsequent review
$2,000.00
5) Site Development Plan Conceptual Review $750.00
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July 26,2005
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6) Site Improvement Plan Review (SIP). $1000.00 (plus Engineering review fees)
7) Utility Plan Review & Inspection Fees.
a. Construction Document Review. 0.750/. of probable water and/or sewer construction costs
b. Construction Inspection. 1.25% of probable water andlor sewer construction costs
c. Construction Document Resubmission or Document Modification, submit as insubstantial change.
$150.00 for fIrst sheet, $75.00 for each additional sheet
8) Engineering Site Plan Review Fee
a. Construction Documents Review Fee 0.75% of probable Paving, Grading, Drainage, Lighting, Code
Minimum Landscaping, and any other appurtenant cost of construction
b. Construction Inspection 2.25% of probable Paving, Grading, Drainage, Lighting, Code Minimum
Landscaping, and any other appurtenant cost of construction
9) Site Development Plan Amendment (SDP A) $2,500.00,
a. PIus $40.00 per DIU plus $100.00 per residential building structure
b. plus $.10 per square foot
c. plus 5200.00 per building for non-residential
d. Additional fees for 3rd review 51,000.00, 4th Review 51,500.00, 5th and subsequent review
$2,000.00
10) SBR Fees
a) Pre-Acquisition Meeting $500.00 (no refunds or credits)
b) Pre-application fee. $500.00 (to be credited toward application fee upon submittal.) (all normal pre-
application provisions apply)
c) SBR Fee 55000.00 with hourly reconciliation at project completion for hourly variation greater than
1 ()01a, fInal project charges at $100.00 per hour for all associated staff hours
11) Violation of the conditions of approval of the SDP/SIP or installation of improvements, clearing, or other
land alteration not depicted on, or otherwise authorized as a part of the approved SDP/SIP. 4x the SIP/SDP
application fee
12) Request for alternative architectural design 5500.00, no separate or additional fee for appeals to, or requests
for assistance from, the Architectural Arbitration Board.
G) SUBDIVISION
I) Lot Line Adjustment (LLA) and Lot Split Review $250.00
2) Subdivision Review Fees (PPL), (PPLA)-
a. Construction Documents Review Fee 0.75% of probable Paving, Grading, Drainage, Lighting, Code
Minimum Landscaping and any other appurtenant cost of construction
b. Subdivision Inspection Fee 2.25% of probable Paving, Grading, Drainage, Lighting, Code Minimum
Landscaping, and any other appurtenant cost of construction
c. Construction Document Resubmission or Document Modification .Submit as Insubstantial Change
$150.00 for first sheet, 575.00 for each additional sheet
d. Subdivisions - 3rd and subsequent additional reviews - 5500.00
e. Subdivisions - Substantial deviations from approval construction documents $500.00
3) Subdivision, Preliminary Plat (PSP)-
a. Petition Application $1000.00 plus $5.00 per acre (or fraction thereot) for residential, pIus $10.00
per acre (or fraction thereot) for non-residential; (mixed use is residential)
4) Subdivision Final Plat (FP) 51,000.00 plus $5.00 per acre (or fraction thereot) for residential, S1000.00 plus
510.00 per acre (or fraction thereot) for nonresidential; (mixed use is residential)
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5) Additional review of construction plans for phased construction of subdivision improvements. 51000.00 per
phase
6) Two-year Extension $150.00
7) Water and Sewer Facilities Construction Document Review 0.758/0 of probable water andlor sewer
construction costs
8) Construction Document Resubmission or Document Modification 0.25% of probable water andlor sewer
construction costs
a. 3rd and subsequent re-submittals . 5500.00
9) Water and Sewer Facilities Construction Inspection Fee 2.25% of probable water and/or sewer construction
costs
10) Violation of the conditions of approval of approved construction plans or installation of improvements,
clearing, or other land alteration not depicted on, or otherwise authorized as a part ofthe approved
construction plans or permit 4x the PPL, PPLA, PSP, CNSTR or Final Plat Review Fee (FP).
11) Administrative Amendment $250.00
H) ENGINEERING INSPECTION FEES
1) Engineering Inspection Fee $150.00 per residential dwelling unit or accessory structure to
residential dwelling unit (single or duplex only), charged at time of building permit issuance.
2) Re-inspection Fees: 111 re-inspection 575.00, 2ad re-inspection 5100.00, 3rd and thereafter re-
inspection $125.00
I) TEMPORARY USE PERMITS
I) Beach Events Permits.
a. Individual Permit 5100.00
b. Block of25 calendar days 52,250.00
c. Block of 50 calendar days $4,500.00
d. Block of75 calendar days 56,750.00
e. Block of 100 calendar days $9,000.00
f. Block of 125 calendar days $11,250.00
g. Block of 150 calendar days 513,500.00
2) Temporary Use Permit Special Sales & Events. $200.00
3) Model Homes and Sales Centers $500.00
4) Construction and Development, Mobile home, Agricultural Zoning, and Temporary use for "Coming
Soon" sign 5125.00
5) Residential and Non-Profit Garage and Yard Sale Permits No Charge
6) Temporary Use Amendment. 5100.00
7) Renewals or extensions requested after the expiration date $200.00
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July 26, 2005
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8) Temporary Use Permit for Special Events requiring BCC approval, including Circus and Carnival
Permits. $275.00
9) Political Signs (Bulk Temporary Permit) 55.00
10) Fees for Temporary Use permits issued After the Fact, A TF: 2:1: normal fee
J) WELL PERMITS/INSPECTIONS
1) Hydraulic elevator shaft permit $300.00
2) Test hole permit (including 1st six holes) $300.00, each additional hole $20.00
3) Well permit (abandonment) 550.00
4) Well permit (construction, repair, or combined construction and abandonment at one site) 5300.00
5) Well permit (monitoring) $150.00
6) Well Permit (modification of monitor It est well to a production well) 575.00
7) Well Reinspections
a. First Reinspection $75.00
b. Second Reinspection 5100.00
c. Third Reinspection 5150.00
8) After the fact well permits 4:1: normal fee per violation.
NOTE: Multiple wells may be allowed on one permit, but each well must be
accounted for and the appropriate fee shall be charged for each well in
accordance with the above listed schedule.
K) ZONINGfLAND USE PETITIONS
1) Pre-application meeting fee 5500.00 (to be credited toward application fee upon submittal.)
a. Second and subsequent pre-app meetings at the applicant's request shall not be credited towards
application fees.
b. Second and subsequent pre-app meetings at staff's request will be held at no charge to the applicant.
c. Applications submitted 9 months or more after the date of the last pre-app meeting shall not be
credited towards application fees and a new pre-application meeting will be required.
2) Alcoholic Beverage or Service Station Separation Requirement Waiver SI000.00
3) Boat Dock Extension Petition $1,500.00
4) Conditional Use Permit $4,000.00 (51,500.00) when f1l1ed with Rezone Petition)
5) Conditional Use Monitoring Review: $750.00
6) Conditional Use Extension $3,000.00
7) DR! Review (In addition to cost of rezone) SI0,000.00 pIus $25.00 an acre (or fraction thereof)
8) DRIlDO Amendment 56,000.00 pIus S25.00 per acre (or fraction thereof). The acreage charge does not apply
for amendments which only change tbe build-out date of the DO for a time period ofless than five years.
9) DRIABN - DR! Abandomnent SI,500.00
10) Flood Variance Petition S1000.00
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11) Interim Agriculture Use Petition $350.00
12) Non-Conforming Use Change/Alteration 51,500.00
13)Parking Exemption 51,500.00
14) Parking Reduction (Administrative) $500.00
15) Rezone Petition (PUD to PUD): $8,000.00 plus $25.00 an acre (or fraction thereof)
16) Property owner notifications: $1.00 non-certified mail, $3.00 certified return receipt mail (Petitioner to pay this
amount prior to advertisement of petition)
17) Planned Unit Development Amendments (substantial) $6,000 plus $25.00 an acre (or fraction thereof)
18) Planned Unit Development Amendment (Insubstantial) 51500.00
19) Rezone Petition (Regular) $6,000.00 plus 525.00 an acre (or fraction thereof)
20) Rezone Petition (to PUD) 510,000.00 plus $25.00 an acre (or fraction thereof)
21) Street Name Change (Platted) $500.00 plus 51.00 for each property owner requiring notification of proposed
street name change.
22) Un-platted street name or project name change: 5100.00 per application fee plus $50.00 per additional hour or
partial hour of research required to process application. not to exceed 5500.
23) Variance petition: $2,000.00 residential, $5,000.00 non- residential
24) Variance (Administrative) 51,000.00
25) Zoning Certificate: Residential: $50.00, CommerciaU12S.00
26) POO Extension - Sun Setting: $1000.00
27) Sign Variance Petition: $2000.00
28) Stewardship Receiving Area Petition (8RA): $7000.00 per SRA plus 525.00 per acre for. Stewardship
Sending Area Petition (SSA): 59,500.00
29) After-the-Fact Zoning/Land Use Petitions 2x the normal petition fee
30) Land Use Petition Continuances
a. Requested after petition has been advertised 5500.00
b. Requested at the meeting $750.00
c. Resultant additional required advertising charged in addition to continuance fees.
3 t) PUD Monitoring (one-time charge at time of building permit pick-up)
a. $75.00 per dwelling unit for residential construction within a POO, ($3,000.00 maximum fee per
building permit application)
b. $0.10 per square foot for non-residential construction within a PUD, (52,000.00 maximum fee per
building permit application)
32) Any legal advertising required during any CDES activity or approval process will be charged in addition to
stated fees, at actual costs. CDES reserves the right to charge an estimated amount with the initially required
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July 26, 2005
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project fees, and will reconcile and adjust such charges against actual legal advertising billings at the completion of
the project.
33) Administrative Review (minor changes to PUD Master Plan) $1,000.00
L) MISCELLANEOUS
1) Reserved
2) Reserved
3) Official Zoning Atlas Map Sheet Publications, maps, and reports shall be copied at actual cost.
4) Reserved
5) The fee for researching records, ordinances, and codes shall be at no charge for the first hour, then at the base
salary hourly rate of the staff member conducting the service for time in excess of 1 hour.
6) The fee for creating and designing special computer generated reports that are not a part of regular standard
reports shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting
the service for time in excess of 1 hour.
7)CD Burning: $1.00, floppy disk: $.50
8)Complete sets of Official Zoning Atlas Map Sheets $100.00 per set.
9)Photocopies of documents less than 11x17 inches: No Charge for first 5 copies of one sided, two sided, other
sizes at cost of production. 6th and subsequent photocopies of documents less than 11 x17 inches: SO.IS one
sided, $0.20 two sided, other sizes at cost of production.
a. Certified copy of public record $1.00 each.
10) Property Notification Address Listing:
a. MS Excel spreadsheet on Disc $70.00
b. {lrint out on Paper $75.00 + SO.05 for every record over 1500
c. Mailing Labels 580.00 + $0.06 for every record over 1500
d. Print out on Paper + Mailing Labels $85.00 + $0.11 for every record over 1500
11) Comprehensive Plan Consistency Review
a. CU's 5300.00
b. Rezonings $750.00
c. Pud's or PUD Amendments: $2250.00
d. Letter of GMP consistency to outside agencies: $250
12) Plan Review Fee (for planning review of all building permit applications)
a) Long forms: 575.00 per building permit application
b) Express permits: $15.00 per building permit application
13) Project Meetings: Active applications under review for the following project types will be afforded one inter-
departmental meeting at no charge: Planned Unit Development re-zonings and Site Development PIan
applications (except for conceptual site plan approval and insubstantial change approval). Meeting requests
for all other application types and additional meetings will be subject to the following fees:
a. Meetings with Departmental Project Approval Staff member per applicant request, reviews
and petitions in progress, $150.00 per one hour minimum, 575.00 per ~ hour thereafter.
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Additional Department staff attending meeting per applicant request $75.00 per 'Ii hour per
staff member.
b. Inter-Departmental Project Meeting per applicant request, site plan reviews and land use
petitions in progress, 5500.00 per one hour minimum, $250.00 per 'li hour thereafter.
14) Adequate Public Facilities
a. Planning Applications requiring COA process review (such as FP's, PPL's & SIP's, SDPs)
5200.00 + 25.00 per residential dwelling unit or + 25.00 per 1000 sq ft commercial
($5000.00 maximum)
b. Building permit applications requiring COA process review not covered under 12.a above
$100.00 per building permit application.
15) Zoning Confirmation Letters
a. Standard Response $100.00 (includes up to 1 hour research)
b. Extended Research $100.00 per hour (any response with research in excess of 1 hour)
16) Zoning Letter Appeal $250.00
17) CDD
a. Community Development District $15,000.00
b. Chapter 189 Special District, Independent or Dependent, 515,000.00
18) GMP Amendment
a. Small Scale 59000.00
b. General $16,700.00
c. Legal advertising in addition to sub-sections a and b fees, and subject to applicable fee schedule
provisions.
d. Pre-application meetings for GMP consistency for development orders and zoninglland use petitions:
$250
e. Pre-application meetings for GMP amendment petitions: $250 (to be credited toward application fee
upon submittal)
19) Application for issuance IDR, $250 (non-refundable);plus $25 per IDR issued and recorded (total fees not to
exceed $2750)
20) Engineering Services
a) Vacation of Basements: 51,000
21) Building Board of Adjustments and Appeals $250.00
22) Early Work Authorization (EW A) permit: $500.00 (does not include site clearing fee).
M) BUILDING PERMIT APPLICATION FEE
1) A permit application fee shall be collected at time of applying for a
building permit. The permit application fee shall be collected when the
plans are submitted for review. The fee shan be applied toward the total
permit fee. The applicant shall forfeit the application fee if the
application is denied or if the application is approved and the permit is
not issued within the time limitation as stated in Section 103.6.1.1 of the
Collier County Ordinance No. 91-56, as amended.
2) Application fee will be computed as follows:
a. Single family and duplex $.05 per sq ft with minimum of 5100.00
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b. Multi-Family & Conunercial $.05 per sq ft up to 10,000 sq ft, 5.025 for over 10,000 sq. ft.
3) Maximum application fee shall NOT exceed $5,000.00.
4) Minimum fee ofSSO.OO for each of the following: plumbing; mechanical (AlC);
electrical; rue; and building, when applying for additions/alterations. Minimum fee for all other applications =
$50.00.
5) The balance of the total permit fee will be collected at the time of
issuance of the permit and will include any fee adjustments necessary.
N) BUILDING PERMIT FEES
I) The fee for a building permit shall be computed as follows: Such fees shall be either based on the contractor's
valuations of construction cost or based on calculated cost of construction as set forth on the attached Building
Valuation Data Table *(Exhibit B), whichever is greater. Valuation of construction costs of less than 5750.00 -
No pennit or fee is required, but construction must comply with all County Codes and Ordinances. If
inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be
paid.
*SBCCI Building Valuation Data Table, produced March 31,2002
EXCEPTION: All work involving structural components and/or fire rated
assemblies requires permits and inspections regardless of construction cost,
signs must secure permits as stated in Collier County Ordinance No. 2002..Ql,
as amended.
a. Valuation of construction costs 0[$750.00 through $4,999.99 - With one or no inspections $50.00, With
multiple inspections 5100.00
b. Valuation of construction costs of$5,OOO.OO through $49,999.99-
With one or no inspections - 530.00 plus $6.00 per thousand dollars, or fraction thereof, of building
valuation in excess of$2,000.00. With multiple inspections - 580.00 plus 55.SO per thousand doUars, or
fraction thereof, of building valuation in excess of$2000.oo.
c. Valuation of construction costs of$50,000.00 through $1,000,000.00 - 5250.00 plus 52.40 per thousand
dollars, or fraction thereof; of building valuation in excess of $50,000.00.
d. Valuation of construction costs over $1,000,000.00 - $2800.00 plus 52.40 per thousand dollars, or fraction
thereof, of building valuation in excess of$ 1 ,000,000.00.
0) ELECTRICAL PERMIT FEES
1) The fees for electrical permits for new structures or placement or relocation
of structures shall be computed as follows:
a. 50.40 per ampere rating of all single-phase panel boards.
b. $0.15 per ampere rating for switch or circuit whichever is greater, ifitern
#1 above does not apply.
c. When not a complete installation, all switch and circuit breakers ahead of
panel boards shall be computed at 50.15 per ampere.
d. Permit fees for any change in electrical installation shall be computed at
the above rates for that portion of new and/or increased fees in existing
electrical facilities.
e. The minimum for any electrical pennit shall be 550.00 per unit or tenant
space.
CDES Financial Administration. rev 7/15/05 msl
page II
July 26, 2005
Page 17 of 43
f. Fifty percent (50%) in additional fee costs shall be added to all above fees
for three phase installations.
EXCEPTION: Ordinary repairs limited to a $200 value orIess may be made
without a permit. Repairs must comply with all County Codes and Ordinances. If
inspections are required by the Building Official or requested by the
applicant, the appropriate fees shall be paid.
P) PLUMBING PERMIT FEES
I) The following fee calculations shall be applied separately when the permit
involves mixed occupancies.
a) Residential occupancies: The fee for a plumbing permit shall be computed at
the rate of $50.00 to be charged for each living unit with one to three
bathrooms. An additional fee ofSlO.oo will be assessed for each additional
bathroom.
b) Nomesidential occupancies: The fee for a plumbing permit shall be computed
by the following methods, whichever is calculated to be the greatest fee:
a) The rate ofS3.00 per 425 square feet offloor area, or fraction
thereof; or
b) Institutional facilities, hospitals, schools, restaurants and repairs
in any occupancy
b) classification shall be charged at the rate of 51.00 per fixture unit or
c) Minimum of$5O.00 for each occupancy or tenant space.
,..'-.,
2) Grease traps: An additional fee ofS50.oo shall be assessed for each grease
trap.
3) The cost for retrofit piping shall be computed at the minimum fee of $50.00
per floor for each main riser.
4) The cost of a permit for lawn sprinkler systems shall be computed using the
dollar valuation as shown under Section M of this Resolution.
5) The minimum plumbing permit fee shall be 550.00.
Q) MECHANICAL PERMIT FEES
I) The following fee calculations shall be applied separately when the permit
involves mixed occupancies.
a. Residential occupancies: The mechanical permit fees shall be computed at the
rate of $50.00 for each living unit up to three tons of air conditioning. Each additional ton or part thereof shall
be 53.00 per ton.
b. Nonresidential occupancies: The mechanical permit fees shall be computed by
one of the following methods, whichever is calculated to be the greatest fee:
The rate of $50.00 for the first three tons or three horsepower of air
conditioning or other mechanical systems per tenant space, each additional ton of air conditioning or
horsepower shall be $3.00; or The rate of $3.00 per 425 square feet of floor area, or fraction thereof.
2) The cost of retrofit piping shall be computed at the minimum fee of 550.00
per floor for each cooling tower, or S50.00 for the first 3 horsepower and $3.00 for each additional horsepower,
whichever is greater.
CDES Financial Administration, rev 7/15/05 msl
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July 26, 2005
Page 18 of 43
3) The minimum mechanical permit fee shall be $50.00.
4) A pennit for the change out of components shall be calculated at the above
mechanical permit fee rate or the minimum fee whichever is greater.
R) FIRE PREVENTION AND CONTROL PERMIT FEES
1) The fees and exemptions set forth in the "Exhibit B" affixed hereto and made a
part of this Schedule ofDevelopment Review and Building Permit Fees shall
apply to Fire Prevention and Control Permits for both the independent and
dependent fire districts,
S) MOBILE HOME/OFFICE TRAILER AND OTHER TRAILER PERMIT FEES
1) The permit fee shall be 550.00 to set-up a single-wide trailer or mobile
home on an approved site plus electrical, plumbing, mechanical and fire
protection fees as applicable.
2) The permit fee shall be 575.00 to set-up a double wide or larger mobile
homes on an approved site plus electrical, plumbing, mechanical and fire
protection fees as applicable.
T) CmCKEES AND SIMILAR STRUCTURES
1) The pennit fee will be based upon a calculated cost of construction of $4.00
per square foot under roof or the contractor's estimated cost of construction,
whichever is greater. The fee will then be calculated in accordance with
Section N of this Resolution. Additional permit fees for electric, plumbing,
mechanical, fire, etc., will be charged when applicable.
U) POOL OR SPA PERMIT FEES
1) For construction of each public pool or spa the fee shall be-
a. Valuation of construction costs ofup to $4,999.99.5100.00
b. Valuation of construction costs of55000.00 through 549,999.99: SSO.OO plus $7.00 per thousand dollars,
or fraction thereof, of building valuation in excess of$2,000.00.
c. Valuation of construction costs of $50,000.00 through $1,000,000.00: $333.00 plus $3.00 per thousand
dollars, or fraction thereof, of building valuation in excess of 550,000.00.
d. Valuation of construction costs over 51,000,000.00: $3,474.00 plus $3.00 per thousand dollars, or fraction
thereof, of building valuation in excess of51,000,000.00.
2) For construction of each private pool or spa the fee shall be: 5100.00
V) SCREEN ENCLOSURE PERMIT & PAN ROOF FEES
1) Construction costs shall be calculated as follows:
a. Screen Roof. $2.00 per sq. ft. of floor area. (Screen Walls Only)
b. Pan Roof. $3.00 per sq. ft. of floor area. (Screen Walls Only)
c. Existing Roof. $2.00 per sq. ft. of floor area. (Screen Walls Only)
2) The screen enclosure or roof fee will then be calculated in accordance with
Section N of this Resolution.
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July 26, 2005
Page 19 of 43
W) SIGN PERMIT FEES
1) Sign permit fees will be calculated in accordance with aU applicable Building Pennit Fees and Electrical
Permit Fees outlined in this document, the Collier County Development Fee Schedule The minimum building
permit fee for sign shall be $75.00.
2) Multiple signs of the same type (i.e., wall signs) and for a single project may be allowed per one pennit,
however an appropriate fee shall be charged for each sign in accordance with the schedule set forth in the
above subsection 1 of Sign Permit Fees.
X) CONVENIENCE PERMIT FEES
1) Convenience permits are issued in blocks of 10 each. Only licensed contractors are eligible to purchase
convenience permits. Convenience permits are limited to the use specified on the permit. The fee for a book
of 10 convenience permits is 5400.00.
Y) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS
1) PERMIT AND PLAN REVISIONS The fee for each permit revision submitted after permit issuance shall be
calculated using fee schedules outlined in Sections N through R above. The minimum permit fee for revisions
to permitted projects shall be $50.00.
2) AS BUlL T PLANS The fee for" As Built" plan review shall be ten (10%) percent of the original building
permit fee or 5150.00, whichever is greater, but shall not exceed S5OO.00. The fee is intended to cover the cost
of reviewing amended building plans in the office to determine that change orders and various field changes
are in compliance with the minimum construction and fire codes of Collier County. The following are required
for as-built drawings review:
a. An itemized list of all changes made after permit plan approval.
b. As-built plans that have all changes made after permit plan approval
"clouded" .
c. As-built plans and changes shall be signed and sealed by the engineer
and/or architect of record.
3) CORRECTIONS TO PLANS
a. First Correction to Plans. No charge
b. Second Correction to Plans. 575.00
c. Third & subsequent correction to plans. $100.00
Z) PERMIT EXTENSION
1) The filing fee for each permit extension shall be equal to 10-;' of the original
building permit fee or 5100.00, whichever is greater, but shall not exceed
5500.00. The filing fee is intended to cover the cost of reviewing existing or
amended building plans to determine and verify code compliance
AA) DEMOLITION OF BUILDING OR STRUCTURE PERMIT FEES
I) The permit fee shall be $50.00 for the demolition of any building or structure.
BB) PRE-MOVING INSPECTION FEES
1) The fee shall be $150.00 for the pre-moving inspection of any building or
structure.
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July 26, 2005
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CC) INSPECTION FEES
1) A charge of 520.00 per inspection shall be assessed for inspections for which
a pennit is not necessary.
2) A user fee of $40.00 per inspection shall be assessed for inspections on a
time specified basis.
3) A user fee ofS120.00 per inspection shall be assessed for inspections
requested after normal working hours. (Normal working hours for inspections
are Monday through Friday, 8:00 AM to 3:00 PM, excluding holidays.)
4) First Partial inspection for single-family & tenant buildout. No charge
5) Second & subsequent partial inspections for single-family & tenant buildout. $25.00
DD) REINSPECTION FEES
1) Re-inspections for any type of building permit, or required Engineering re-inspections, shall result in
an additional fee of$75.00 per inspection for the first re-inspection, $100.00 for the second re-
inspection and $125.00 for the third and each successive re-inspection.
EE) FAILURE TO OBTAIN A PERMIT
1) Where work for which a pennit is required is started or proceeded with prior
to obtaining said permit, the fees herein specified shan be four times the
regular fee not to exceed $1,000.00 for permits costing $250.00 and less. The
penalty for failure to obtain a permit when one is required having a cost
greater than 5250.00 shall be two times the regular amount The payment of
such fee shall not relieve any person from fully complying with the
requirements of any applicable construction code or ordinance in the execution
of the work, or from any penalty prescribed within any construction code, law
or ordinance of Collier County.
FF) LICENSING
1) The fee for licensing items is as follows:
a. Letters of Reciprocity. $3.00
b. Contractors Change of Status. $10.00
c. Voluntary Registration of State Certified Contractors. $10.00
d. Pictures. $2.00
e. Laminating $1.00 (per license)
GG) DUPLICATE PERMIT CARDS
1) The fee shall be $5.00 for the issuance of a duplicate permit card for
whatever reason.
HH) CHANGE OF CONTRACTOR OR SUBCONTRACTORS
I) To record a change of contractor or subcontractor, on a permit that bas been
issued, the fee shall be $50.00. This fee includes the issuance of a new
permit card.
II) PERMIT FEE REFUNDS
I) If requested, in writing by the owner or his authorized agent, 50% of the fees
charged, other than the application fee, may be refunded provided that a
permit bas been issued, construction bas not commenced, and the refund is
applied for prior to the cancellation of the permit.
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July 26, 2005
Page 21 of 43
JJ)RECORD RETRIEVAL
I) No charge for retrieving records from inactive or remote storage including
microfilmed documents
KK) COpy FEES
I) The fee for blueprint and miscellaneous copying shall be as follows:
a. Microfilm copies, of documents less than Ilx17 inches: $0.15 other sizes at cost of production.
f. Microfilm or Blueprint copies:
18 X 24 $1.25 per page
30 X 36 $2.50 per page
30 X 42 $3.25 per page
34 X 44 $5.00 per page
g. Community Development self-service copier, public access and not related to public record retrieval
or public record copies: docwnents less than 14x8.5 inches SO.15 per page inclusive of sales tax.
LL) RESEARCH
I) The fee for researching records, ordinances, and codes shall be at no charge for the first hour, then at the base
salary hourly rate of the staff member conducting the service for time in excess of 1 hour
2) The fee for creating and designing special computer generated reports that are
not part of the regular standard reports shall be at no charge for the first hour, then at the base salary hourly
rate of the staff member conducting the service for time in excess of I hour.
MM) SUBSCRIPTION SERVICE
The fee for one-year subscription service to be mailed quarterly shall be
$15.00 per year. The subscription year is from Oct 1 through Sept. 30.
NN) ELECTRONIC DATA CONVERSION SURCHARGE
1) A surcharge in the amount of 3 % of the building permit application fee, with
the minimum surcharge being $3.00 and the maximum being $150.00, will be
applied to every building permit application submitted. A flat fee of $3.00
per permit will be charged for those permits for which an application fee is
not required per item (M) of this Schedule.
00) REGISTRATION OF RENTAL DWELLINGS
1) The fee for registration of rental dwellings is as follows:
a. lnitial Registration Fee . $30.00
b. Annual Renewal - $20.00
c. Late Fee . $10.00 per day
2) Rental Inspection
a. Rental Inspection - $200.00 per unit
b. Re-inspection Fee - SSO.OO per re-inspection
PP) CERTIFICATE TO BOARD BUILDING
I) Initial Boarding Certificate - $0
2) Boarding Certificate Extension - $150
CDF,s Financial Administration. rev 7/15/05 ms1
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July 26, 2005
Page 22 of 43
QQ) ADDITIONAL FEE REFUND PROVISIONS
1) Requests for fee waivers may only be approved by the Board of County Commissioners. Waiver
requests for development review and building permit fees shall be submitted in writing directly to the
appropriate Community Development & Environmental Services Division Staff, who will prepare an
executive summary for consideration by the Board. Such requests shall include a statement
indicating the reason for the fee waiver request and, if applicable, the nature of the organization
requesting the fee waiver.
RR) REFUND PROVISIONS
1) PAYMENT OF FEES: Full payment offees is required for a complete application. Department
policy requires full payment of fees at the time of application submittal. No work will begin on staff
review of the application until all fees are paid in full. If full payment of fees is not received within
14 calendar days of application submittal, the application will be considered void. At this point, a
new application and full payment of fees wilI be required to proceed with a project.
2) There will be no refund of Planning, Environmental, or Engineering related fees, except those
applications which have been deemed not sufficient for staff review and are withdrawn within 30
days of notification will be entitled to a 50% refund. After 30 days from such notification, there will
be no refund of submitted fees.
3) In no cases will there be refunds for pre-application fees, data conversion fees, appeals of
administrative decisions, or appeals to the Board of Zoning Appeals or Building Board of
Adjustment.
4) If staff error causes the inappropriate or unnecessary filing of an application and payment of fees, 100
percent of all inappropriate fees, shall be refunded upon written request and with the concurrence of
Department management.
SS) ADDITIONAL FEE PROVISIONS
I) In those cases where alternative methods or timing of payments for CDES services and / or fees listed
in this schedule associated with SBR reviews are deemed to best serve the public good, the
Community Development and Environmental Services Administrator will have the authority to
approve such alternatives. Such alternative must be in writing and signed by all principals involved.
In no case shall final c.o. or such certifications of project completeness be issued until payments due
CDES are received in fun.
2) All hourly fees are computed and charged from actual Divisional time tracking records.
3) All acreage totals used in fee calculations will be rounded up to the nearest whole acre.
4) When deemed essential for project review or approval, there will be no additional charge for any
meetings requested by CDES staff.
TT) PUBLIC VEHICLE FOR HIRE FEES
1) The following fees shall be assessed for the Public Vehicle for Hire Program:
a. Initial Application fee (new Companies) - $200
b. Certificate to Operate - $250
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July 26, 2005
Page 23 of 43
c. Vehicle Decal - S50 per vehicle
d. T~ Vehicle Decal - $5 per vehicle
e. Driver Identification Card . $50 per driver
f. Replacement Identification Card - S10 per card
g. On-site Vehicle Permitting - $15 per vehicle
UU)"PAYMENT IN LIEU OF" FEE FOR PATHWAYS (SIDEWALKS, AND BIKE LANES)
1) Calculated using the current Florida Department of Transportation (FD01) construction costs or an
engineering estimate not to exceed ~ty-five percent (25%) of the submitted application request's total
project cost.
This is the last page of the CDES Fee Schedule
CDES Finencial Administration. rev 7/15105 msl
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ATTACHMENT B
STRIICE-TBROOGHS AND UNDERLINES
COLLIER COUNTY COMMUNITY DEVELOPMENT AND
ENVIRONMENTAL SERVICES FEE SCHEDULE
BCC Proposed version, JUly 26, 2005
Contents:
A) ADMJNISTRAnON..............................................................................................................................................................................................................2
B) BLASTING PERMITS & INSPECTION .............................................................................................................................................................................2
C) ENVIRONMENTALlLANDSCAPING ...............................................................................................................................................................................3
D) EXCA V A nON PERMITS....................................................................................................................................................................................................3
E) FIRE CODE REVIEW FEES .................................................................................................................................................................................................4
F) SITE DEVELOPMENT PLANs............................................................................................................................................................................................4
G) SUBDIVISJON .......................................................................................................................................................................................................................5
H) ENGINEERING INSPECITON FEES .................................................................................................................................................................................6
I) TEMPORARY USE PERMITS ..............................................................................................................................................................................................6
J) WELL PERMITSIINSPECTIONS ... ................................................... ................................................................................................................................... 7
K) ZONING/LAND USE PETITIONS ..................................................................................................................................................................................7-8
L) MISCElLANEOUS ...............................................................................................................................................................................................................9
M) BUILDING PERMIT APPLICA nON FEE..................................................................................................................................................................... 10
N) BUILDING PERMIT FEES................................................................................................................................................................................................ 11
0) ELECTRICAL PERMIT FEES .......................................................................................................................................................................................... 11
P) PLUMBING PERMIT FEES............................................................................................................................................................................................... 12
Q) MECHANICAL PERMIT FEES ........................................................................................................................................................................................ 12
R) FIRE PREVENTION AND CONTROL PERMIT FEES ................................................................................................................................................. 13
S) MOBILE HOMElOFFICE TRAILER AND OTHER TRAILER PERMIT FEES ......................................................................................................... 13
1') ClDCKEES AND SIMILAR STRUCTURES ................................................................................................................................................................... 13
U) POOL OR SPA PERMIT FEES ......................................................................................................................................................................................... 13
V) SCREEN ENCLOSURE PERMIT & PAN ROOF FEES ................................................................................................................................................ 13
W) SIGN PERMIT FEES ......................................................................................................................................................................................................... 14
X) CONVENIENCE PERMIT FEES ...................................................................................................................................................................................... 14
Y) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS.................................................................................................. 14
Z) PERMIT EXTENSION........................................................................................................................................................................................................ 14
AA) DEMOLmON OF BUILDING OR STRUCfURE PERMIT FEES........................................................................................................................... 14
BB) PRE-MOVING INSPECTION FEES .............................................................................................................................................................................. 15
CC) INSPECTION FEES ......................................................................................................................................................................................................... 15
DD) REINSPEC110N FEES ................................................................................................................................................................................................... 15
EE) FAILURE TO OBTAIN A PERMIT ............................................................................................................................................................................... 15
FF) LICENSING .......................................................... .................................................................... ......................................................................................... 15
GO) DUPLICATE PERMIT CARDS ..................................................................................................................................................................................... 15
HH) CHANGE OF CONTRACTOR OR SUBCONTRACTORS ........................................................................................................................................ 15
fi) PERMIT FEE REFUNDS ................................................................................................................................................................................................... 16
JJ}RECORD RETRJEV AL ..................................................................................................................................................................................................... 16
KK) COpy FEES...................................................................................................................................................................................................................... 16
LL) RESEARCH....................................................................................................................................................................................................................... 16
MM) SUBSCRIPTION SERVICE .......................................................................................................................................................................................... 16
NN) ELECTRONIC DATA CONVERSION SURCHARGE ............................................................................................................................................... 16
00) REGISTRA nON OF RENTAL DWELLINGS ............................................................................................................................................................ 16
PP) CERTIFICATE TO BOARD BILLING........................................................................................................................................................................... 17
QQ) ADDmONAL FEE REFUND PROVISIONS .............................................................................................................................................................. 17
RR) REFUND PROVISIONS............ ...................... ..... ................ ........ .................. ................ ........ ......... ..... ...... .......... ..... 17
SS) ADDmONAL FEE PROVISIONS........................... .............. .......... ................ .................... .................... .......... ...... ..... 17
IT) PUBLIC VEIDCLE FOR HIRE FEES............. .................................................. ......... ....... ......... .............. ...... ............. ....17
UU) "PAYMENT IN UEU OF" FEE FOR PATHWAYS (SIDEWALKS, AND BIKE LANES)............................................................. .18
Proposed fee or wording changes - Underlined
Previous fee or wording being changed - Strike-through
Established Fees -- Bold
COES Financial Administration, rev 7/15105 msl
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July 26, 2005
Page 25 of 43
FEES ARE ESTABLISHED BY THE BOARD OF COUNTY COMMISSIONERS RESOLUTION, AND CANNOT
BE WAIVED OR SUSPENDED WITHOUT AN ACTION BY THE BOARD OF COUNTY COMMISSIONERS.
ANY QUESTIONS CONCERNING THE APPLICABILITY OF FEES SHALL BE CONCLUSIVELY
DETERMINED BY THE DIRECTOR OF THE APPROPIATE DEPARTMENT, AS APPLICABLE. WHERE AS
PART OF A REZONING, PLAT OR SIMILAR APPLICATION TYPE, THE BOARD OF COUNTY
COMMISSIONERS DIRECTS APPROVAL OF FUTURE DEVELOPMENT ORDERS DIFFERENT FROM THE
STANDARD TYPE OF APPROVAL PROCESSES REQUIRED, THE DIRECTOR OF THE APPROPRIATE
DEPARTMENT SHALL DETERMINE THE FEES TO BE APPLIED TO THE PROCESS NECESSARY TO MEET
THE BOARDS REQUIREMENTS. THE APPLICABLE FEES SHALL BE THOSE wmCH MOST CLOSELY
RESEMBLE THOSE CHARGED FOR SIMILAR PROCESSES INCLUDING EXTRA FEES FOR ADVERTISING
AND THE LIKE.
A) ADMINISTRATION
1) Official Interpretation Request of Land Development Code (LDC), Growth Management Plan (GMP), or
Building Construction Administrative Code (Administrative Code). Based on staffhours: Less than 20 hours
51,500.00,20 to 40 hours $3tOOO.OO, more than 40 hours 55tOOO.00
2) Interpretation request submitted in conjunction with a land use petition or requested during site development
plan review process. 5250.00
3) Determination of Vested Rights. 5100.00 (plus the County's out-of-pocket expenses associated with hearing
officer and hearings)
4) Appeal of Vested Rights Determination. 5100.00
5) Amendment to Land Development Code. 53,000.00
6) Appeal of an Administrative Decision (as may be provided for in the Collier County Administrative Code or
the LDC). 51000.00 (non-refundable)
7) Appeal to Board of Zoning Appeals or Building Board of Adjustments and Appeals (as may be provided for in
the Collier County Administrative Code or the We). $1,000.00 (non-refundable)
B) BLASTING PERMITS & INSPECTION
1) 30 day permit fee, non-refundable payable upon application. $250.00
2) 90 day permit fee, non-refundable payable upon application. $600.00
3) Yearly permit fee, non-refundable payable upon application. 51,500.00
4) Renewal permit fee, non-refundable payable upon application. 5200.00
5) After-the-fact fee, due to blasting without a permit. 510tOOO.00
6) Fine fee, per detonated. shot with after-the-fact permit. 5200.00
7) Handler fee, for handler who assists the user or blaster in the use of explosives. 5100.00
8) Blasting Inspection Fee. 5200.00 (per inspection)
9) Inspection fees shall be paid upon issuance of a blasting permit based on the estimated number of
blasts. Upon completion, fees will be adjusted to reflect actual number of blasts.
COBS Financial Administration, rev 7115105 msl
page 2
C) ENVIRONMENT ALILANDSCAPING
1) Site Clearing Permit, first acre or fraction of an acre. $250.00 Each additional acre or fraction of
an acre. $50.00 ($3,000.00 maximum)
2) Agricultural Land Clearing
a. Land Clearing Notification $250.00
b. Land Clearing Permit $250.00 each additional acre or fraction of an acre. $50.00 ($3,000.00
maximum)
3) Landscape Tree Removal Fee $2S0
4) Environmental Impact Statement (EIS) S2,SOO.OO for ] st submittal and 2nd submittal if applicable,
3m submittal $1,000.00, 4th and subsequent submittals $500.00 each.
5) Landscape Re-inspection lot $50.00, 2nd $75.00, every inspection afterward $100.00
6) Vehicle on the Beach Permit Application. $250.00 (permit fee shall be waived for public and non-
profit organizations engaging in environmental activities for scientific, conservation or educational
purposes).
1) Beach Nourishment Permits - S400
8) Special Treatment Review
a. First five acres or less. $400.00
b. Each additional acre, or fraction thereof. $50.00 ($5,000.00 Maximum)
9) Coastal Construction Setback Line (CCSL):
a. CCSL Permits S4OO.00
b. Variance - Petition. $1000.00
10) Sea Turtle Pennit-
a. Sea Turtle Handling Permits. $25.00
b. Sea Turtle Nesting Area Construction Permit $200.00
c. Sea Turtle Nest Relocation. $100.00
11 ) Vegetation Removal Permit
a. First acre or fraction of an acre less. $250.00
b. Each additional acre, or fraction thereof. $50.00 ($3,000.00 Maximum)
12) After-the-fact Environmental or Landscape Permits
a. CCSL Variance Petition. 2x normal fee
b. All other Environmental or Landscape Permits. 4x normal fee
D) EXCA V A nON PERMITS
1) Annual Renewal. $300.00
2) Application (Private). $400.00
3) Application (Commercial). $2,000.00
4) Application (Development). $400.00
5) $150.00 per inspection paid in advance for 12 months
6) Reapplication: 5300.00 plus $200.00 per month inspection fee
1) Cubic Yardage Review Fee: $200.00 first SOOO cy, plus $10.00 per additional 1000 cy with a
maximum of $20,000.00
8) Time Extension. $150.00 plus $200.00 per month inspection fee
CDES Financial Administration, rev 7/15/05 msl
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July 26, 2005
Page 27 of 43
9) After-the-fact Excavation Permit. 4x application fee
E) FIRE CODE REVIEW FEES
1) Fire Code Review fees associated with each of the following processes:
a. SDP - Site Development Plan $200.00
b. SDPA - Site Development Plan, Amendment $150.00
c. SDPI - Site Development Plan, Insubstantial $100.00
d. SIP - Site Improvement Plan $150.00
e. SIPI - Site Improvement Plan, Insubstantial $100.00
f. PSP - Preliminary Subdivision Plans $150.00
g. PSPA - Preliminary Subdivision Plans, Amendment $100.00
h. PPL - Plans & Plat, Subdivision $100.00
i. FP - Final Plat $100.00
J. CONS'IR - Construction Plans, SubdivisionlUtilities $100.00
k. ICP - Construction Plans, Insubstantial $100.00
1. DRI - Development of Regional Impact $200.00
m. DOA - Development Order, Amendment $150.00
n. PUDZ - Planned Unit Development, Rezone $150.00
o. PUDA - Planned Unit Development, Amendment $150.00
p. PDI - Planned Unit Development, Insubstantial $100.00
q. RZ - Rezone, Regular Zoning $100.00
r. CU - Conditional Use $150.00
F) SITE DEVELOPMENT PLANS
1) Site Development Plan Review (SDP). $5000.00
a. plus $40.00 per DIU
b. plus $100.00 per residential building structure;
c. plus $.10 per square foot for non-residential exceot that structures designed exclusively foruarking
(parking garages) shall be calculated at $.05 per sauare foot.
d. plus $200.00 per building for non-residential.
e. Additional fees for 3n1 review $1,000.00, 4th review $1,500.00, Sth review $2,000.00, 601 and
subsequent reviews $2,500.00
2) Pre-application fee. $500.00 (to be credited toward application fee upon submittal.)
a. Second and subsequent pre-app meetings at the applicant's request shall not be
credited towards application fees.
b. Second and subsequent pre-app meetings at staff's request will be held at no charge
to the applicant.
c. Applications submitted 9 months or more after the date of the last pre-app meeting
shall not be credited towards application fees and a new pre-application meeting
will be required.
3) Simultaneous Review Fee (planning review of simultaneous building permit applications) $100.00 per building
permit application
4) Site Development Plan Insubstantial Change
a. Site Development Plan Insubstantial Change. $400.00 for first sheet, $100.00 for each and every
additional sheet submitted.
b. Additional fees for 3n1 review $1,000.00, 4th Review $1,500.00, SOl and subsequent review
$2,000.00
S) Site Development Plan Conceptual Review $750.00
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6) Site Improvement Plan Review (SIP). 51000.00 (plus Engineering review fees)
7) Utility Plan Review & Inspection Fees-
a. Construction Document Review. 0.750/0 ofprobable water and/or sewer construction costs
b. Construction Inspection. 2.25% of probable water and/or sewer construction costs
c. Construction Document Resubmission or Document Modification, submit as insubstantial change.
5150.00 for first sheet, 575.00 for each additional sheet
8) Engineering Site Plan Review Fee
a. Construction Documents Review Fee 0.75% of probable Paving, Grading, Drainage, Lighting, Code
Minimum Landscaping, and any other appurtenant cost of construction
b. Construction Inspection 2.250/0 of probable Paving, Grading, Drainage, Lighting, Code Minimum
Landscaping, and any other appurtenant cost of construction
9) Site Development Plan Amendment (SDPA) 52,500.00,
a. Plus $40.00 per DIU plus 5100.00 per residential building structure
b. plus 5.10 per square foot
c. plus 5200.00 per building for non-residential
d. Additional fees for 3rd review 51,000.00, 4th Review 51,500.00, Sth and subsequent review
52,000.00
10) SBR Fees
a) Pre-Acquisition Meeting 5500.00 (no refunds or credits)
b) Pre-application fee. 5500.00 (to be credited toward application fee upon submitta1.) (all normal pre-
application provisions apply)
c) SBR Fee 55000.00 with hourly reconciliation at project completion for hourly variation greater than
10%, final project charges at 5100.00 per hour for all associated staffhours
11) Violation of the conditions of approval of the SDP/SIP or installation of improvements, clearing, or other
land alteration not depicted on, or otherwise authorized as a part of the approved SDP/SIP. 4x the SIP/SDP
application fee
12) Request for alternative architectural design 5500.00, no separate or additional fee for appeals to, or requests
for assistance from, the Architectural Arbitration Board.
G) SUBDIVISION
1) Lot Line Adjustment (LLA) and Lot Split Review 5250.
2) Subdivision Review Fees (PPL), (pPLA)-
a. Construction Documents Review Fee 0.75% of probable Paving, Grading, Drainage, Lighting, Code
Minimum Landscaping and any other appurtenant cost of construction
b. Subdivision Inspection Fee 2.25% of probable Paving, Grading, Drainage, Lighting, Code Minimum
Landscaping, and any other appurtenant cost of construction
c. Construction Document Resubmission or Document Modification -Submit as Insubstantial Change
5150.00 for first sheet, 575.00 for each additional sheet
d. Subdivisions - 3rd and subsequent additional reviews - 5500.00
e. Subdivisions - Substantial deviations from approval construction documents 5500.00
3) Subdivision, Preliminary Plat (pSP)-
a. Petition Application 51000.00 plus 55.00 per acre (or fraction thereof) for residential, plus 510.00
per acre (or fraction thereof) for non-residential; (mixed use is residential)
4) Subdivision Final Plat (FP) $1,000.00 plus 55.00 per acre (or fraction thereof) for residential, $1000.00 plus
$10.00 per acre (or fraction thereof) for nonresidential; (mixed use is residential)
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5) Additional review of construction plans for phased construction of subdivision improvements. $1000.00 per
phase
6) Two-year Extension $150.00
7) Water and Sewer Facilities Construction Document Review 0.750/. of probable water and/or sewer
construction costs
8) Construction Document Resubmission or Document Modification 0.250/. of probable water and/or sewer
construction costs
a. 3rd and subsequent re-submittals - $500.00
9) Water and Sewer Facilities Construction Inspection Fee 2.250/0 of probable water and/or sewer construction
costs
10) Violation of the conditions of approval of approved construction plans or installation of improvements,
clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved
construction plans or permit. 4x the PPL, PPLA, PSP, CNSTR or Final Plat Review Fee (FP).
11) Administrative Amendment $250.00
H) ENGINEERING INSPECfION FEES
1) Engineering Inspection Fee $150.00 per residential dwelling unit or accessory structure to
residential dwelling unit (single or duplex only), charged at time of building permit issuance.
2) Re-inspection Fees: III re-inspection $75.00, 2nd re-inspection $100.00, 3'" and thereafter re-
inspection $125.00
I) TEMPORARY USE PERMITS
1) Beach Events Permits-
a. Individual Permit $100.00
b. Block of25 calendar days $2,250.00
c. Block of 50 calendar days $4,500.00
d. Block of75 calendar days $6,750.00
e. Block of 1 00 calendar days $9,000.00
f. Block of 125 calendar days $11,250.00
g. Block of 150 calendar days $13,500.00
2) Temporary Use Permit Special Sales & Events. $200.00
3) Model Homes and Sales Centers $500.00
4) Construction and Development, Mobile home, Agricultural Zoning, and Temporary use for "Coming
Soon" sign $125.00
5) Residential and Non-Profit Garage and Yard Sale Permits No Charge
6) Temporary Use Amendment. $100.00
7) Renewals or extensions requested after the expiration date $200.00
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8) Temporary Use Permit for Special Events requiring BCC approval, including Circus and Carnival
Permits. $275.00
9) Political Signs {Bulk Temporary Permit) $5.00
10) Fees for Temporary Use permits issued After the Fact, ATF: 2x normal fee
J) WELL PERMITSllNSPECfIONS
1) Hydraulic elevator shaft permit $300.00
2) Test hole permit (including 1 st six holes) $300.00, each additional hole $20.00
3) Well permit (abandonment) 550.00
4 ) Well permit (construction, repair, or combined construction and abandonment at one site) $300.00
5) Well permit (monitoring) $150.00
6) Well Permit (modification of monitor/test well to a production well) $75.00
7) Well Reinspections
a. First Reinspection 575.00
b. Second Reinspection $100.00
c. Third Reinspection 5150.00
8) After the fact well permits 4x normal fee per violation.
NOTE: Multiple wells may be allowed on one permit, but each well must be
accounted for and the appropriate fee shall be charged for each well in
accordance with the above listed schedule.
K) ZONlNGILAND USE PETITIONS
1) Pre-application meeting fee $500.00 (to be credited toward application fee upon submittal.)
a. Second and subsequent pre-app meetings at the applicant's request shall not be credited towards
application fees.
b. Second and subsequent pre-app meetings at staffs request will be held at no charge to the applicant
c. Applications submitted 9 months or more after the date of the last pre-app meeting shall not be
credited towards application fees and a new pre-application meeting will be required.
2) Alcoholic Beverage or Service Station Separation Requirement Waiver $1000.00
3) Boat Dock Extension Petition $1,500.00
4) Conditional Use Permit $4,000.00 (51,500.00) when filled with Rezone Petition)
5) Conditional Use Monitoring Review: 5750.00
6) Conditional Use Extension $3,000.00
7) DRI Review (In addition to cost of rezone) $10,000.00 plus $25.00 an acre (or fraction thereot)
8) DRI/DO Amendment 56,000.00 plus 525.00 per acre (or fraction thereot). The acreage chame does not armly
for amendments which only change the build-out date of the DO for a time neriod ofless than five years.
9) DRIABN - DRI Abandonment $1,500.00
10) Flood Variance Petition 51000.00
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11) Interim Agriculture Use Petition $350.00
12) Non-Conforming Use Change/Alteration $1,500.00
13)Parking Exemption $1,500.00
14) Parking Reduction (Administrative) $500.00
15) Rezone Petition (pUD to PUD): $8,000.00 plus $25.00 an acre (or fraction thereof)
16) Property owner notifications: $1.00 non-certified mail, $3.00 certified return receipt mail (petitioner to pay this
amount prior to advertisement of petition)
17) Planned Unit Development Amendments (substantial) $6,000 plus $25.00 an acre (or fraction thereof)
18) Planned Unit Development Amendment (Insubstantial) $1500.00
19) Rezone Petition (Regular) $6,000.00 plus $25.00 an acre (or fraction thereof)
20) Rezone Petition (to PUD) $10,000.00 plus $25.00 an acre (or fraction thereof)
21) Street Name Change (platted) $500.00 plus $1.00 for each property owner requiring notification of proposed
street name change.
22) Un-platted street name or project name change: $100.00 per application fee plus $50.00 per additional hour or
partial hour of research required to process application, not to exceed $500.
23) Variance petition: $2,000.00 residential, $5,000.00 non- residential
24) Variance (Administrative) $1,000.00
25) Zoning Certificate: Residential: $50.00, Commercial:$125.00
26) PUD Extension - Sun Setting: $1000.00
27) Sign Variance Petition: $2000.00
28) Stewardship Receiving Area Petition (SRA): $7000.00 per SRA plus $25.00 per acre for. Stewardship
Sending Area Petition (SSA): $9,500.00
29) After-the-Fact ZoninglLand Use Petitions 2x the normal petition fee
30) Land Use Petition Continuances
a. Requested after petition has been advertised $500.00
b. Requested at the meeting $750.00
c. Resultant additional required advertising charged in addition to continuance fees.
31) PUD Monitoring Fee (one-time charge at time of building permit pick-up)
a. $75.00 per dwelling unit for residential construction within a PUD, ($3,000.00 maximum fee per
building permit application)
b. $0.10 per square foot for non-residential construction commercial or industrial construction within a
PUD, ($2,000.00 maximum fee per building permit application)
32) Any legal advertising required during any CDES activity or approval process will be charged in addition to
stated fees, at actual costs. CDES reserves the right to charge an estimated amount with the initially required
COES Financial Administration, rev 7/15105 msl
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project fees, and will reconcile and adjust such charges against actual legal advertising billings at the completion of
the project.
33) Administrative Review (minor changes to PUD Master Plan) 51,000.00
L) MISCELLANEOUS
1) Reserved
2) Reserved
3) Official Zoning Atlas Map Sheet Publications, maps, and reports shall be copied at actual cost
S.50 as set forth in Resolution 98-498, as amended.
4) Reserved
5) The fee for researching records, ordinances, and codes shall be at no charge for the first hour, then at the base
salary hourly rate of the staff member conducting the service for time in excess of 1 hour.
6) The fee for creating and designing special computer generated reports that are not a part of regular standard
reports shall be at no charge for the first hour, then at the base salary hourly rate of the staff member conducting
the service for time in excess of 1 hour.
7)CD Burning: 51.00, floppy disk: 5.50
8)Complete sets of Official Zoning Atlas Map Sheets 5100.00 per set.
9)Photocopies of documents less than 11x17 inches: No Charge for first 5 copies of one sided, two sided, other
sizes at cost of production. 6th and subsequent photocopies of documents less than 11 xI? inches: $0.15 one
sided, 50.20 two sided, other sizes at cost of production
a. Certified copy of public record 51.00 each.
10) Property Notification Address Listing:
a. MS Excel spreadsheet on Disc 570.00
b. Print out on Paper 575.00 + 50.05 for every record over 1500
c. Mailing Labels $80.00 + $0.06 for every record over 1500
d. Print out on Paper + Mailing Labels 585.00 + $0.11 for every record over 1500
11) Comprehensive Plan Consistency Review
a. CU's $300.00
b. Rezonings 5750.00
c. Pud's or PUD Amendments: 52250.00
d. Letter of GMP consistency to outside agencies: 5250
12) Plan Review Fee (for planning review of all building permit applications)
a) Long forms: 575.00 per building permit application
b) Express permits: 515.00 per building permit application
13) Project Meetings: Active applications under review for the following project types will be afforded one inter-
departmental meeting at no charge: Planned Unit Development re-zonings and Site Development Plan
applications (except for conceptual site plan approval and insubstantial change approval). Meeting requests
for all other application types and additional meetings will be subject to the following fees:
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July 26,2005
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a. Meetings with Departmental Project Approval Staff member per applicant request, reviews
and petitions in progress, $150.00 per one hour minimum, $75.00 per Yz hour thereafter.
Additional Department staff attending meeting per applicant request $75.00 per 112 hour per
staff member.
b. Inter-Departmental Project Meeting per applicant request, site plan reviews and land use
petitions in progress, $500.00 per one hour minimum, $250.00 per Yz hour thereafter.
14) Adequate Public Facilities
a. Planning Applications requiring COA process review (such as FP's, PPL's & SIP's, SDPs)
$200.00 + 25.00 per residential dwelling unit or + 25.00 per 1000 sq ft commercial
($5000.00 maximum)
b. Building permit applications requiring COA process review not covered under 12.a above
$100.00 per building permit application.
15) Zoning Confirmation Letters
a. Standard Response $100.00 (includes up to 1 hour research)
b. Extended Research $100.00 per hour (any response with research in excess of 1 hour)
16) Zoning Letter Appeal $250.00
17) CDD
a. Community Development District $15,000.00
b. Chapter 189 Special District, Independent or Dependent, $15,000.00
18) GMP Amendment
a. Small Scale $9000.00
b. General $16,700.00
c. Legal advertising in addition to sub-sections a and b fees, and subject to applicable fee schedule
provisions.
d. Pre-application meetings for GMP consistency for development orders and zoninglland use petitions:
$250
e. Pre-application meetings for GMP amendment petitions: S250 (to be credited toward application fee
upon submittal)
19) Application for issuance TDR, $250 (non-refundable);plus $25 per TDR issued and recorded (total fees not to
exceed $2750)
20) Engineering Services
a) Vacation of Easements: $1,000
21) Building Board of Adjustments and Appeals $250.00
22) Early Work Authorization (EW A) permit: $500.00 (does not include site clearing fee).
M) BUll..DING PERMIT APPLICA nON FEE
1) A permit application fee shall be collected at time of applying for arbuilding pennit. The pennit application fee shall be collected when the
plans are submitted for review. The fee shall be applied toward the total
pennit fee. The applicant shall forfeit the application fee if the
application is denied or if the application is approved and the permit is
not issued within the time limitation as stated in Section 103.6.1.1 of the
Collier County Ordinance No. 91-56, as amended.
--
COBS FinllllCial Administration, rev 7115/05 msl
page 10
2) Application fee will be computed as follows:
a. Single family and duplex 5.05 per sq ft with minimum of $100.00
b. Multi-Family & Commercial 5.05 per sq ft up to 10,000 sq ft, 5.025 for over] 0,000 sq. ft.
3) Maximum application fee shall NOT exceed 55,000.00.
4) Minimum fee of $50.00 for each of the following: plumbing; mechanical (Ale);
electrical; fire; and building, when applying for additions/alterations. Minimum fee for all other applications =
$50.00.
5) The balance of the total permit fee will be collected at the time of
issuance of the permit and will include any fee adjustments necessary.
N) BUILDING PERMIT FEES
1) The fee for a building permit shall be computed as follows: Such fees shall be either based on the contractor's
valuations of construction cost or based on calculated cost of construction as set forth on the attached Building
Valuation Data Table *(Exhibit B), whichever is greater. Valuation of construction costs ofless than 5750.00 _
No permit or fee is required, but construction must comply with all County Codes and Ordinances. If
inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be
paid.
*SBCCI Building Valuation Data Table, produced March 31,2002
EXCEPTION: All work involving structural components and/or fire rated
assemblies requires permits and inspections regardless of construction cost,
signs must secure permits as stated in Collier County Ordinance No. 2002-0],
as amended.
a. Valuation of construction costs of $750.00 through $4,999.99 - With one or no inspections 550.00, With
multiple inspections 5100.00
b. Valuation of construction costs of $5,000.00 through $49,999.99-
With one or no inspections - 530.00 plus 56.00 per thousand dollars, or fraction thereof, of building
valuation in excess of$2,000.00. With multiple inspections - 580.00 plus 55.50 per thousand dollars, or
fraction thereof, of building valuation in excess of$2,000.00.
c. Valuation of construction costs of $50,000.00 through $] ,000,000.00 - 5250.00 plus 52.40 per thousand
dollars, or fraction thereof, of building valuation in excess of$50,OOO.00.
d. Valuation of construction costs over $1,000,000.00 - 52,800.00 plus 52.40 per thousand dollars, or
fraction thereof, of building valuation in excess of$I,OOO,OOO.OO.
0) ELECTRICAL PERMIT FEES
]) The fees for electrical permits for new structures or placement or relocation
of structures shall be computed as follows:
a. 50.40 per ampere rating of all single-phase panel boards.
b. $0.15 per ampere rating for switch or circuit whichever is greater, if item
#] above does not apply.
c. When not a complete installation, all switch and circuit breakers ahead of
panel boards shall be computed at 50.15 per ampere.
d. Permit fees for any change in electrical installation shall be computed at
the above rates for that portion of new and/or increased fees in existing
electrical facilities.
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July 26, 2005
Page 35 of 43
e. The minimum for any electrical permit shall be $50.00 per unit or tenant
space.
r. Fifty percent (50%) in additional fee costs shall be added to all above fees
for three phase installations.
EXCEPTION: Ordinary repairs limited to a $200 value or less may be made
without a permit. Repairs must comply with all County Codes and Ordinances. If
inspections are required by the Building Official or requested by the
applicant, the appropriate fees shall be paid.
P) PLUMBING PERMIT FEES
1) The following fee calculations shall be applied separately when the permit
involves mixed occupancies.
a) Residential occupancies: The fee for a plumbing permit shall be computed at
the rate of $50.00 to be charged for each living unit with one to three
bathrooms. An additional fee of $10.00 will be assessed for each additional
bathroom.
b) Nonresidential occupancies: The fee for a plumbing permit shall be computed
by the following methods, whichever is calculated to be the greatest fee:
a) The rate of $3.00 per 425 square feet of floor area, or fraction
thereof; or
b) Institutional facilities, hospitals, schools, restaurants and repairs
in any occupancy
b) classification shall be charged at the rate of $1.00 per fixture unit or
c) Minimum of$50.00 for each occupancy or tenant space.
2) Grease traps: An additional fee of$5O.oo shall be assessed for each grease
trap.
3) The cost for retrofit piping shall be computed at the minimum fee of$50.00
per floor for each main riser.
4) The cost of a permit for lawn sprinkler systems shall be computed using the
dollar valuation as shown under Section M of this Resolution.
5) The minimum plumbing permit fee shall be $50.00.
Q) MECHANICAL PERMIT FEES
1) The following fee calculations shall be applied separately when the permit
involves mixed occupancies.
a. Residential occupancies: The mechanical permit fees shall be computed at the
rate of $50.00 for each living unit up to three tons of air conditioning. Each additional ton or part thereof shall
be $3.00 per ton.
b. Nonresidential occupancies: The mechanical permit fees shall be computed by
one of the following methods, whichever is calculated to be the greatest fee:
The rate of $50.00 for the first three tons or three horsepower of air
conditioning or other mechanical systems per tenant space, each additional ton of air conditioning or
horsepower shall be $3.00; or The rate of $3.00 per 425 square feet of floor area, or fraction thereof.
2) The cost of retrofit piping shall be computed at the minimum fee ofS50.oo
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per floor for each cooling tower, or $50.00 for the first 3 horsepower and $3.00 for each additional horsepower,
whichever is greater.
3) The minimum mechanical permit fee shall be 550.00.
4) A permit for the change out of components shall be calculated at the above
mechanical permit fee rate or the minimum fee whichever is greater.
R) FIRE PREVENTION AND CONTROL PERMIT FEES
1) The fees and exemptions set forth in the "Exhibit B" affixed hereto and made a
part of this Schedule of Development Review and Building Permit Fees shall
apply to Fire Prevention and Control Permits for both the independent and
dependent fire districts.
S) MOBILE HOMFlOFFICE TRAILER AND OTHER TRAILER PERMIT FEES
1) The permit fee shall be $50.00 to set-up a single-wide trailer or mobile
home on an approved site plus electrical, plumbing, mechanical and fire
protection fees as applicable.
2) The permit fee shall be $75.00 to set-up a double wide or larger mobile
homes on an approved site plus electrical, plumbing, mechanical and fire
protection fees as applicable.
1') CHICKEES AND SIMILAR STRUCTURES
1) The permit fee will be based upon a calculated cost of construction of$4.00
per square foot under roof or the contractor's estimated cost of construction,
whichever is greater. The fee will then be calculated in accordance with
Section N of this Resolution. Additional permit fees for electric, plumbing,
mechanical, fire, etc., will be charged when applicable.
U) POOL OR SPA PERMIT FEES
1) For construction of each public pool or spa the fee shall be -
a. Valuation of construction costs of up to $4,999.99. $100.00
b. Valuation of construction costs of$5000.00 through $49,999.99: $80.00 plus $7.00 per thousand dollars,
or fraction thereof, of building valuation in excess of$2,OOO.00.
c. Valuation of construction costs of $50,000.00 through $1,000,000.00: $333.00 plus $3.00 per thousand
dollars, or fraction thereof, of building valuation in excess of$5O,OOO.00.
d. Valuation of construction costs over $1,000,000.00: 53474.00 plus $3.00 per thousand dollars, or fraction
thereof, of building valuation in excess of$1,000,OOO.00.
2) For construction of each private pool or spa the fee shall be: $100.00
V} SCREEN ENCLOSURE PERMIT & PAN ROOF FEES
1) Construction costs shall be calculated as follows:
a. Screen Roof. $2.00 per sq. ft. offioor area. (Screen Walls Only)
b. Pan Roof. $3.00 per sq. ft. of floor area. (Screen Walls Only)
c. Existing Roof. $2.00 per sq. ft. offioor area. (Screen Walls Only)
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July 26, 2005
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2) The screen enclosure or roof fee will then be calculated in accordance with
Section N of this Resolution.
W) SIGN PERMIT FEES
1) Sign permit fees will be calculated in accordance with all applicable Building Permit Fees and Electrical
Permit Fees outlined in this document, the Collier County Development Fee Schedule The minimum building
permit fee for sign shall be $75.00.
2) Multiple signs of the same type (i.e., wall signs) and for a single project may be allowed per one permit,
however an appropriate fee shall be charged for each sign in accordance with the schedule set forth in the
above subsection 1 of Sign Permit Fees.
X) CONVENIENCE PERMIT FEES
1) Convenience permits are issued in blocks of 10 each. Only licensed contractors are eligible to purchase
convenience permits. Convenience permits are limited to the use specified on the permit. The fee for a book
of 10 convenience permits is $400.00.
Y) REVISION AND AS BUILT PLAN REVIEW FEES; CORRECTIONS TO PLANS
I) PERMIT AND PLAN REVISIONS The fee for each permit revision submitted after permit issuance shall be
calculated using fee schedules outlined in Sections N through R above. The minimum permit fee for revisions
to permitted projects shall be $50.00.
2) AS BUILT PLANS The fee for "As Built" plan review shall be ten (100/.) percent of the original building
permit fee or $150.00, whichever is greater, but shall not exceed $500.00. The fee is intended to cover the cost
of reviewing amended building plans in the office to determine that change orders and various field changes
are in compliance with the minimum construction and fire codes of Collier County. The following are required
for as-built drawings review:
a. An itemized list of all changes made after permit plan approval.
b. As-built plans that have all changes made after permit plan approval
"clouded".
c. As-built plans and changes shall be signed and sealed by the engineer
and/or architect of record.
3) CORRECTIONS TO PLANS
a. First Correction to Plans. No charge
b. Second Correction to Plans. 575.00
c. Third & subsequent correction to plans. $100.00
Z) PERMIT EXTENSION
1) The filing fee for each permit extension shall be equal to 10% of the original
building permit fee or 5100.00, whichever is greater, but shall not exceed
$500.00. The filing fee is intended to cover the cost of reviewing existing or
amended building plans to determine and verify code compliance
AA) DEMOLITION OF BUILDING OR STRUCfURE PERMIT FEES
1) The permit fee shall be 550.00 for the demolition of any building or structure.
,-
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BB) PRE-MOVING INSPECI10N FEES
1) The fee shall be $150.00 for the pre-moving inspection of any building or
structure.
CC) INSPECTION FEES
1) A charge of$20.00 per inspection shall be assessed for inspections for which
a permit is not necessary.
2) A user fee of $40.00 per inspection shall be assessed for inspections on a
time specified basis.
3) A user fee of$no.OO per inspection shall be assessed for inspections
requested after normal working hours. (Normal working hours for inspections
are Monday through Friday, 8:00 AM to 3:00 PM, excluding holidays.)
4) First Partial inspection for single-family & tenant buildout. No charge
5) Second & subsequent partial inspections for single-family & tenant buildout. $25.00
DD) REINSPECTION FEES
1) Re-inspections for any type of building permit, or required Engineering re-inspections, shall result in
an additional fee ofS75.00 per inspection for the first re-inspection, $100.00 for the second re-
inspection and $125.00 for the third and each successive re-inspection.
EE) FAILURE TO OBTAIN A PERMIT
1) Where work for which a permit is required is started or proceeded with prior
to obtaining said permit, the fees herein specified shall be four times the
regular fee not to exceed $1,000.00 for permits costing $250.00 and less. The
penalty for failure to obtain a permit when one is required having a cost
greater than $250.00 shall be two times the regular amount. The payment of
such fee shall not relieve any person from fully complying with the
requirements of any applicable construction code or ordinance in the execution
of the work, or from any penalty prescribed within any construction code, law
or ordinance of Collier County.
FF) LICENSING
1) The fee for licensing items is as follows:
a. Letters of Reciprocity. $3.00
b. Contractors Change of Status. $10.00
c. Voluntary Registration of State Certified Contractors. $10.00
d. Pictures. $2.00
e. Laminating $1.00 (per license)
GG) DUPLICATE PERMIT CARDS
1) The fee shall be $5.00 for the issuance of a duplicate permit card for
whatever reason.
HH) CHANGE OF CONTRACfOR OR SUBCONTRACTORS
1) To record a change of contractor or subcontractor, on a permit that has been
issued, the fee shall be $50.00. lbis fee includes the issuance of a new
permit card.
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July 26, 2005
Page 39 of 43
ll) PERMIT FEE REFUNDS
1) If requested. in writing by the owner or his authorized agent, 50% of the fees
charged, other than the application fee, may be refunded provided that a
permit has been issued. construction has not commenced, and the refund is
applied for prior to the cancellation of the permit.
JJ)RECORD RETRIEVAL
1) No charge for retrieving records from inactive or remote storage including
microfilmed documents
KK) COpy FEES
1) The fee for blueprint and miscellaneous copying shall be as follows:
a. Microfilm copies, of documents less than llx17 inches: $0.15 other sizes at cost of production.
f. Microfilm or Blueprint copies:
18 X 24 $1.25 per page
30 X 36 $2.50 per page
30 X 42 $3.25 per page
34 X 44 $5.00 per page
g. Community Development self-service copier, public access and not related to public record retrieval
or public record copies: documents less than 14x8.5 inches $0.15 per page inclusive of sales tax.
LL) RESEARCH
1) The fee for researching records, ordinances, and codes shall be at no charge for the first hour, then at the base
salary hourly rate of the staff member conducting the service for time in excess of 1 hour
2) The fee for creating and designing special computer generated reports that are
not part of the regular standard reports shall be at no charge for the first hour, then at the base salary hourly
rate of the staffmember conducting the service for time in excess of 1 hour.
MM) SUBSCRIPTION SERVICE
The fee for one-year subscription service to be mailed quarterly shall be
$15.00 per year. The subscription year is from Oct. 1 through Sept. 30.
NN) ELECTRONIC DATA CONVERSION SURCHARGE
1) A surcharge in the amount of 3 % of the building permit application fee, with
the minimum surcharge being $3.00 and the maximum being $150.00, will be
applied to every building permit application submitted. A flat fee of$3.00
per permit will be charged for those permits for which an application fee is
not required per item (M) of this Schedule.
(0) REGISTRATION OF RENTAL DWELLINGS
1) The fee for registration of rental dwellings is as follows:
a. Initial Registration Fee - $30.00
b. Annual Renewal - $20.00
c. Late Fee - $10.00 per day
2) Rental Inspection
a. Rental Inspection - $200.00 per unit
b. Re-inspection Fee - $50.00 per re-inspection
CDES Financial Administration, rev 7/15/05 mal
page 16
PP) CERTIFICATE TO BOARD BUILDING
1) Initial Boarding Certificate - 50
2) Boarding Certificate Extension - 5150
QQ) ADDmONAL FEE REFUND PROVISIONS
1) Requests for fee waivers may only be approved by the Board of County Commissioners. Waiver
requests for development review and building permit fees shall be submitted in writing directIy to the
appropriate Community Development & Environmental Services Division Staff, who will prepare an
executive summary for consideration by the Board. Such requests shall include a statement
indicating the reason for the fee waiver request and, if applicable, the nature of the organization
requesting the fee waiver.
RR) REFUND PROVISIONS
1) PAYMENT OF FEES: Full payment offees is required for a complete application. Department
policy requires full payment of fees at the time of application submittal. No work will begin on staff
review of the application until all fees are paid in full. If full payment of fees is not received within
14 calendar days of application submittal, the application will be considered void At this point, a
new application and full payment of fees will be required to proceed with a project.
2) There will be no refund of Planning, Environmental, or Engineering related fees, except those
applications which have been deemed not sufficient for staff review and are withdrawn within 30
days of notification will be entitled to a SOO/o refund After 30 days from such notification, there will
be no refund of submitted fees.
3) In no cases will there be refunds for pre-application fees, data conversion fees, appeals of
administrative decisions, or appeals to the Board of Zoning Appeals or Building Board of
Adjustment.
. 4) If staff error causes the inappropriate or unnecessary filing of an application and payment of fees, 100
percent of all inappropriate fees, shall be refunded upon written request and with the concurrence of
Department management.
SS) ADDITIONAL FEE PROVISIONS
1) In those cases where alternative methods or timing of payments for CDES services and / or fees listed
in this schedule associated with SBR reviews are deemed to best serve the public good, the
Community Development and Environmental Services Administrator will have the authority to
approve such alternatives. Such alternative must be in writing and signed by all principals involved
In no case shall final C.O. or such certifications of project completeness be issued until payments due
CDES are received in full.
2) All hourly fees are computed and charged from actual Divisional time tracking records.
3) All acreage totals used in fee calculations will be rounded up to the nearest whole acre.
4) When deemed essential for project review or approval, there will be no additional charge for any
meetings requested by CDES staff.
CDES Financial Administration, rev 7/15/05 ms1
page 17
July 26, 2005
Page 41 of 43
TT) PUBLIC VEIUCLE FOR lURE FEES
l) The following fees shall be assessed for the Public Vehicle for Hire Program:
a. Initial Application fee (new Companies) - $200
b. Certificate to Operate - $250
c. Vehicle Decal - $50 per vehicle
d. Temporary Vehicle Decal- $5 per vehicle
e. Driver Identification Card - $50 per driver
f. Replacement Identification Card - $10 per card
g. On-site Vehicle Permitting - $15 per vehicle
UU)"PAYMENT IN LIEU OF' FEE FOR PATHWAYS (SIDEWALKS, AND BIKE LANES)
1) Calculated using the current Florida Department of Transportation (FDOT) construction costs or an
engineering estimate not to exceed twenty-five percent (25%) of the submitted application request's total
project cost
This is the last page of the CDES Fee Schedule
COES Financial Administration, rev 7/15/05 msl
page 18
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Agenda Item No. 16A18
July 26, 2005
Page 1 of 13
EXECUTIVE SUMMARY
Recommendation to approve Resolution 05-_ accepting the attached Audubon Country
Club PUD Bald Eagle Management Plan to replace the existing 1991 and 2001
Management Plans.
OBJECTIVE: To obtain Collier County Board of County Commissioners (BCC) approval for
the Audubon Country Club Planned Unit Development (PUD) Bald Eagle Management Plan
(BEMP) dated June 8, 2005.
CONSIDERATION: Audubon Country Club PUD has two BEMPs in effect at this time. In
1991, a BEMP was approved by the BCC outlining protections and restrictions for areas
surrounding nest tree CO-20. In 1994, the eagle pair began using a second tree, CO-20A. In
2001, a plat and construction plans were approved by the BCC showing another area of
protection around nest tree 20-A. The area covered by the two plans overlaps and the restrictions
in the two plans conflict in some cases.
The pmpose of this proposed plan is to ensure that a "take" as defined under Section 9 of the
Endangered Species Act is not likely to occur to a pair of bald eagles or their young occupying
the active nests. County staff has worked with both Florida Fish and Wildlife Conservation
Commission (FFWCC) and the u.s. Fish and Wildlife Service (USFWS). With their technical
~ assistance, this plan has received both agencies' approval. The proposed plan recognizes that the
existing eagles have moved between two separate nests and provides a strategy to identify
appropriate restrictions if the eagles move to a new nest tree. This proposed plan would
supersede the two existing plans.
This BEMP allows construction with restrictions in areas where the two existing plans currently
prohibit or strictly limit construction of single-family homes and other site work.
On July 6, 2005, this BEMP was presented before the Environmental Advisory Council (EAC).
The EAC recommended approval of the BEMP with the stipulation that section 4.5, which
references the ability to apply for and receive an Incidental Take permit, be removed. After
further consultation with both USFWS and FFWCC, staff recommends that this section remain.
However, staff recommends that the BEMP be amended to require that if any Incidental Take
permit is obtained for a nest in the Audubon Country Club PUD, there will be an additional final
review and acceptance by the BCC in a public hearing. In the interest of the community, staff
recommends that the BCC retain its authority to review and accept such a permit rather than
defer to staff as an administrative decision.
FISCAL IMPACT: The proposed BEMP reduces the area where single-family homes are
prohibited without a special habitat conservation plan, thus reducing the negative impact on
property costs. County staff will monitor the location of the eagles but this will not increase
staff time any more than what is currently being performed. Review times of proposed
residences within the secondary zone may increase by an hour.
,,-...
Agenda Item No. 16A 18
July 26, 2005
Page 2 of 13
GROWTH MANAGEMENT IMPACT: This BEMP is supported by policies 7.1.2 and 7.1.4
of the Conservation and Coastal Management Element of the Growth Management Plan. These
policies require the protection and conservation of wildlife.
LEGAL CONSIDERATIONS: The Board of County Commissioners has previously approved
two Bald Eagle Management Plans that contain conflicting and vague requirements. The
attached resolution and BEMP will unify and clarify procedures for development.
RECOMMENDATION: That the County Manager or his designee be directed to amend the
attached BEMP to include a requirement that if any Incidental Take permit is obtained for a nest
within the Audubon Country Club PUD, there will be an additional final review and acceptance
by the BCC in a public hearing, and that the Board of County Commissioners approve the
attached resolution accepting the Audubon Country Club PUD Bald Eagle Management Plan
dated June 8, 2005 and rescinding the two previously approved BEMPs.
PREPARED BY: Susan Mason, Senior Environmental Specialist, Environmental Services Department
....-..'
2
Item Number
Item Summary
Me.ting Date
Agenda Item No. 16A18
July 26. 2005
Page 3 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A18
Recommendation to approve Resolution 05M_ accepting the attached Audubon Country
Club PUD Bald Eagle Management Plan to replace the existing 1991 ana 2001
Management Pians
712612005900.00 AM
Susan Milson
Senior En'o'ironmeninl Specialist
6130/200511:19:21 AM
Prepared By
Community Dev~IQ.,)ment &.
Ellvironmenlal Services
Date
Environmenl<ll Serviells;
Susan M.ason
Senior Environment.al Specialist
Date
Approved B).
Community Duvelopmcnt &
Environmental SerVit:fl$
Environmen1aJ Servic.es
6/30/200511:59 AM
Sandra Lea
Date
Approved By
Community Development &
Environmental Service!>
Executive Secretary
Community Oe.velopmeot &
E"vironmental ServiiCi&$ Admin,
711/200510:56 A.M
Cons.tance A. John,on
0...
Approved By
Community OelJela~lInent &
Environmental Serl/ices
Oper;ations Analyst
Commu"ity Ouv~lopme"t &
Environmental Servic.s Admin.
7/1/2005 10:&8 AM
Barbara 5, Burgcson
Principal Environmental Sptlciallst
Da.te
Approved By
Community Development &
Environmental Services
E"vironm@ntaIServic.es
7!5I2005 11;44 AM
Approved By
Jos~ph K. SI~hmif1
Community Oevelopmtmt &
Environmr.ntnl Services
CUlnmunity OtWl~IQprmtl)t '"
Environmental Services Adminstrator
Date
Community Development &
Environmental Sef'YiCM Admin.
7/11120Q5 7:51 PM
OMB Coordi,. mot
Adrnjnistmtlve Assistant
0...
Approved By
County Manager's. Offic.-e
Offic.e of Management & Budget
7112/20059:15 AM
Mark Isackson
Budgl!1 Analyst
0.1.
Approved By
CClunty M<lnager's Office
Offic.u l)f Man;Qger1uwt & Budllet
7112120053:44 PM
James V. Mudd
Count)' M.milger
D...
Approved By
BoanJ of CO\lnty
CommissionHn>
County Manager's Office
7/15/200-5 2:14 PM
RESOLUTION NO. 05-_
A RESOLl1TION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO
APPROVE THE AUDUBON COUNTRY CLUB PLANNED
UNIT DEVELOPMENT BALD EAGI,E MANAGEMENT
PLAN DATED JUNE 8, 2005; ANU RESCINDING THE
TWO PREVIOUS BALD EAGLE MANAGEMENT PLAi.'\fS
DATED NOVEMBER 19, 1991 AND OCTOBER 31, 2000
RESPECTIVELY.
\VHEREAS, the Collier County Board of County Commissioners has previously
approved two Bald Eagle Management Plans dated November 19, 1991 and October 31,2000 for
the iilldubon Country Club Planned Unit Development: and
WHEREAS, the previously approved Bald Eagle Management Plans for the Audubon
Country Club Planned Unit Development contain cont1icling requirements; and
WHEREAS. CoUier County is an envirOlilllentally sensitive community, supporting the
value of all wildlife, as a part of a balanced ecological system; and
WHEREAS, the provisions of the Audubon Country Club Bald Eagle Management Plan
dated June 8, 2005 have been approved by the United States Fish & Wildlife Service and the
Florida Fish & Wildlife Conservation Commission; and
WHEREAS, the Bald Eagle Management Plan dated June 8, 2005 contains clear and
concise provisions tor protection of the pair of eagles that currently nest in the western portion of
the Audubon Country Club Planned Unit Development and their chicks while allowing some
construction of single. family homes within the different protection zones around the nest trees.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLillR COlJl\'TY, FLORIDA, that:
SECTION ONE.
APPRO V AL OF THE AUDUBON COUNTRY CLUB BALD EAGLE
MANAGEMENT PLA.'\!
The Board of County Commissioners of Collier County, Florida approves and accepts
the Audubon Country Club Bald Eagle Management Plan dated June 8, 2005 as the Bald Eagle
Management Plan of record attached hereto as Exhibit A and incorporated herein by reference.
SECTION TWO.
RESCISSION OF PREVIOUS B,UD EAGLE MANAGEMENT PLANS
The two previous Bald Eagle Management Plans for the Audubon Country Club PhUillCd
Unit Development dated November 19, 199] and October 31,2000 respectively are hereby
rescinded. The June 8, 2005 Bald Eagle Management Plan hereby sllperccdcs and rcplaces those
two Bald Eagle Management Plans.
Agenda Item No. 16A18
July 26, 2005
Page 4 of 13
Board.
BE IT FL"RTHER RESOLVED that this Resolution be recorded in the minutes of the
This Resolution adopted after motion, second and majority vote.
Done this 26u1 day of July, 200S.
ATTEST:
DWIGHT E. BROCK CLERK
By: __
Deputy Clerk
Approved as to [ornl and lcgalsutIieicncy:
"
'7r'(r ~~2 W.kflt{.d; - fJ:t</~I.~
MlUj e Student-Stirlmg c.J
Assistant County Attorney
BOARD OF COUNTY COMMISSIONER.<;J
COLLIER COlJNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
Agenda Item No. 16A 18
July 26, 2005
Page5of13
Agenda Item No. 16A 18
July 26, 2005
Exhibif~e 6 of 13
Bald Eagle Management Plan
Audubon Country Club
June 8, 2005
1.0 Purpose and Intent
This management plan addresses eagle nests CO-20 and CO-20A and any future eagle
nests that may be built within the Audubon Country Club. The purpose of this plan is to
ensure that a ''take'' as defined under Section 9 of the Endangered Species Act is not
likely to occur to a pair of bald eagles or their young occupying the active nests in
question provided the guidance contained in this document is followed. This plan
outlines the restrictions and approved protocols for existing and future home builders and
residents to protect an active eagle's nest. The plan recognizes that the existing eagles
have moved between two separate nests and provides a strategy to identify appropriate
restrictions if the eagles move to a new nest tree. This plan also supersedes any prior
approved bald eagle management plans for Audubon Country Club PUD.
2.0 Project Description and History
The Audubon Country Club encompasses approximately 775 acres, and it is located in
Sections 5, 8 and 9, Township 48 South, Range 25 East, in northwestern Collier County,
Florida. The Audubon Country Club was originally approved as a Planned Unit
Development (PUD) in the late 1980's. Currently, this development is partially built, and
consists of single and multi- family residences, and a golf course on a 775-acre parcel.
In 1991, an active eagle nest, Florida Fish and Wildlife Conservation Commission (FWC)
number (CO-20) was found in the southwestern portion of the site (Figure 1).
Accommodating the nest and required buffer zones necessitated changes to the approved
Master Plan for Audubon Country Club Unit II. These changes were approved in 1991.
The applicable changes included addition of a bald eagle preserve along with restrictions
as to the location and timing of construction within the designated primary and secondary
buffer zones.
The original nest was active each year since 1991. In the 1994-1995 nesting season, the
original nest CO-20 was abandoned and a new nest FWC CO-20A was constructed
approximately 965 feet north of the old nest tree. Accommodating the nest at the new
northern location included a management plan with restrictions as to the location and
timing of construction that was incOIporated into the Master Plan for Audubon Country
Club Unit III. The eagles remained in this northern nest through the 1999-2000 nesting
season. No nesting was noted on site for the 2000-2001 nesting season.
During the 200 1-2002 nesting season the eagles moved back to their former nest tree,
which has been dead for some time (south nest). The eagles successfully nested in the
southern nest through the 2003-2004 nesting season. During this nesting season (2004-
2005) the eagles have moved back to the northern nest tree. Monitoring to date indicate
that two young eagles fledged during mid March of 2005.
Agenda Item No. 16A 18
July 26, 2005
Exhibif~e 7 of 13
There has been active eagle nesting at Audubon Country Club for the last 14 years. It is
noted that when the eagles moved to the northern nest they were moving closer to
existing construction and development It is also noted that the eagles moved back to the
southern nest after the lands around the nest had been cleared for home sites and a lake
had been constructed immediately east of the nest tree. During this nesting season 2004-
2005 the eagles moved back to the north nest Home construction was actively occurring
to the north of this nest when the eagles moved back to the northern nest. Audubon
Country Club has preserved approximately 300 acres of land within and adjacent to
Hickory Bay.
Nest History
Nest Nesting Season Active with Young
South 1991-1992 Yes
South 1992-1993 Yes
South 1993-1994 Yes
North 1994-1995 Yes
North 1995-1996 Yes
North 1997-1998 Yes
North 1999-2000 Yes
North 2000-200 1 No
South 2001-2002 Yes
South 2002-2003 Yes
South 2003-2004 Yes
North 2004-2005 Yes
3.0 General Principles for Bald Eagle Protection .
The bald eagle was listed as endangered on March 11, 1967, due to significant population
declines (32 FR 4001). The status of bald eagle was reclassified from endangered to
threatened on July 12, 1995, due to substantial population increases following
conservation efforts, including the banning of DDT and other organochlorine pesticides
(60 FR 36010). No critical habitat has been designated for this species. A proposed rule
to delist the bald eagle was published in the Federal Register on July 6, 1999.
Under a joint review process for bald eagles established during the summer of 1998, the
Service, in coordination with the FWC, agreed on a standard primary zone extending 750
feet from the nest tree and a standard secondary zone extending from 750 to 1,500 feet
from the nest tree. Biologists analyze the best biological information to make a case-by-
case determination on whether a proposed activity may adversely affect nesting bald
eagles. Information analyzed may include type of proposed activity, time of year and
duration of proposed activity, vegetative screening, current disturbances, and
demonstrated tolerance of nesting eagles to disturbance.
Agenda Item No. 16A 18
July 26, 2005
Exhibff9\le 8 of 13
The Habitat Management Guidelines for the Bald Eagle in the Southeast Region (Service
1987) (Guidelines) provide recommendations to avoid adversely affecting the bald eagle,
especially during the nesting season. In general, the Guidelines recommend In the event
that building construction in the secondary zone is not completed during the non-nesting
season, the Bald Eagle Monitoring Guidelines (Service 2002) should be initiated. These
guidelines area available at http://northflorida.fws.gov.
Bald eagles are vulnerable to disturbance early in the nesting season, i.e., during
courtship, nest building, egg laying, incubation, and brooding (roughly the first 12 weeks
of the nesting cycle). Disturbance during this critical period may lead to nest
abandonment and/or chilled or overheated eggs or young. Human activity near the nest
later in the nesting cycle may cause the eaglet(s) to fledge prematurely, thereby reducing
the likelihood of fledgling survival.
In general, the Service discourages all types of construction within the primary zone (0 to
750 feet from a nest tree) of a bald eagle nest territory. However, in recent years, with a
growing bald eagle population in Florida, we have found certain exceptions are
acceptable without harm to the eagle. Existing State and Federal Bald Eagle Guidelines,
scientific literature on bald eagle disturbance, and recommendation from State and
Federal biologists who monitor the impact of human activity on bald eagles, suggest that
bald eagles are unlikely to be disturbed by continuous use of roads, homes, and other
facilities where such use predates the eagles' nesting activity in a given area. Therefore,
in most cases ongoing existing use may proceed with the same intensity with little risk of
disturbing bald eagles. However, some intermittent uses that predate eagle nesting in an
area may disturb bald eagles (e. g., construction of new residences and other structures).
Bald eagles are vulnerable to disturbance early in the nesting season, i.e., during
courtship, nest building, egg laying, incubation, and brooding (roughly the first 12 weeks
of the nesting cycle). Disturbance during this critical period may lead to nest
abandonment and/or chilled or overheated eggs or young. Human activity near the nest
later in the nesting cycle may cause the eaglet(s) to fledge prematurely, thereby reducing
the likelihood of fledgling survival.
The Service identifies two broad categories of construction activities; a) new subdivisions
and, b) single-family residences. A subdivision is regarded as the construction of
multiple residences on a previously undeveloped area. When roads, homes and other
facilities predate the establishment of an eagle nest territory, subsequent building of
homes within a subdivision should be treated as single-family residences as set forth in
the letter "Clearance to Proceed with Construction Activities Adjacent to Bald Eagle
Nests (Service 2004). The Bald Eagle Management Protection Criteria outlined in
Section 4.0 are based, in part, on the requirements of a single-family residence set forth in
this letter.
The Service believes that "take", as defined under Section 9 of the Endangered Species
Act, is not likely to occur to a pair of bald eagles or their young, occupying the active
Agenda Item No. 16A 18
July 26, 2005
Exhibif~e 9 of 13
nests in question provided the guidance contained in this Bald Eagle Management Plan is
followed.
4.0 Protection Criteria
Current USFWS guidelines recommend that applicants make every effort to locate their
homes and any accessory structures so they maintain a minimum of 750 feet from the
nest tree. If there are structures (homes) closer than 750 feet from the nest, the proposed
construction may occur at a distance equal to but not closer than that of the existing
structure, providing the size and scope of the new structure is similar to that of the
existing structure.
In the Audubon Country Club PUD, roads, houses, other structures, and the activities
associated with them predate the alternate use of nests CO-20 and CO-20A. As of May
2005, the closest existing structure to these nests is a partially completed house located at
242 Audubon Blvd. (Audubon Country Club Unit 2, Block F, Lot 12) and is
approximately 350 feet from the nest tree.
4.1 Locational Restrictions
~,
4.1.1 Zero to 50 feet from nest tree
a. To prevent soil compaction that may possibly harm the nest tree, no vehicles or heavy
equipment will be allowed to operate within 50 feet of a nest tree at any time.
b. Human activity limited to eagle nest conservation purposes is the only activity allowed
within this area during any nesting season in which the nest is being used by the
eagles.
c. Pets are not allowed in this area.
4.1.2 Zero to 350 feet from the nest tree
a. Site alterations are limited to conservation pwposes. Any proposed conservation site
alteration will require approval from USFWS, FFWCC, and Collier County.
b. Until such time as nests 20 and 20A are declared lost or abandoned (Section 4.2) or an
applicant receives an incidental take pennit pursuant to Section 4.5, the County will
not permit the construction of a primary or accessory structure, a wall, or a fence on
the following lots in Audubon Country Club: Audubon Country Club, Unit 2, Block
F - Lots 13-16 and Audubon Country Club, Unit 3 - Lots 1-8. Some of the Audubon
Country Club, Unit 3 lots are farther than 350 feet from nest 20. However there are no
closer structures to allow construction until such time as nest 20 is declared lost or
abandoned (Section 4.2) or an applicant receives an incidental take permit pursuant to
Section 4.5 as stated above. See Figure 1 dated 6/1 0/2005, attached.
c. Mowing for compliance with County Code is allowed during the non-nesting season.
4.1.3 350 feet to 750 feet from the nest tree
a. On lots within this area, structures must be located the furthest distance from the nest
tree that setbacks will allow.
b. Any native tree greater than 20 feet in height located between the proposed nest tree
and 15 feet from the building footer must be preserved.
Agenda Item No. 16A 18
July 26, 2005
ExhiJ;i@~ 10 of 13
c. Unless otherwise allowed by this Plan, a person may not conduct exterior construction
during the nesting season of October I through May 14. Exterior construction means
all work associated with lot preparation (vegetation clearing, excavation and filling),
and horizontal and vertical construction. A person may conduct exterior construction
prior to May 14 only if a qualified biologist documents any of the following
conditions:
(1) No evidence of use of a nest by February 1, in which case a person may conduct
exterior construction during the normally prohibited period of February 1 through
May 14;
(2) Documented failure by March 1, in which case a person may conduct exterior
construction during the normally prohibited period from the date of documented
failure through May 14 and;
(3) Young eaglets have fledged the nest, in which case a person may conduct exterior
construction from the date the eaglets have fledged the nest through May 14.
d. During the nesting season, all work associated with interior construction including
preparatory cutting, sawing, or any other activity that supports this work must occur
inside an enclosed house or garage provided that monitoring is performed pursuant to
Bald Eagle Monitoring Guidelines (Service 2002). Work associated with interior
construction may occur outside of the house or garage prior to May 14 only if a
qualified biologist documents any of the following conditions:
(1) No evidence of use of a nest by February 1, in which case a person may conduct
exterior construction during the normally prohibited period of February 1 through
May 14;
(2) Documented failure by March 1, in which case a person may conduct exterior
construction during the normally prohibited period from the date of documented
failure through May 14 and;
(3) Young eaglets have fledged the nest, in which case a person may conduct exterior
construction from the date the eaglets have fledge the nest through May 14.
e. All exterior lighting must be shielded from the view of the birds on the nest.
f. During the nesting season, no radios, CD players, or similar equipment or loud noises
detectable within 50 feet of the nest tree are allowed.
4.1.4 750 feet to 1500 feet from the nest tree
A person may conduct exterior construction during the nesting season provided that the
Bald Eagle Monitoring Guidelines (Service 2002, or any subsequent USFWS eagle
monitoring document) are followed. Interior construction work may be conducted year
round without monitoring. Exterior construction during the non-nest season can be
conducted without monitoring. If condition (1), (2), or (3) from section 4.1.3 c. are met,
the breeding season is considered terminated, and monitoring is no longer required.
4.2 Lost, Inactive or Abandoned Nests.
If a nest or a nest tree is lost by natural causes, the restrictions provided in Section 4.1
will apply through two complete breeding seasons. An abandoned nest means that the
nest is inactive (unused) but intact or partially intact through five complete breeding
seasons. Once a nest is abandoned, then the restrictions provided for in Section 4.1 will
no longer apply.
Agenda Item No. 16A1B
July 26, 2005
Exhiilf~ 11 of 13
4.3 New Nests
If an eagle pair builds a nest in a new location, the protections outlined in this document
will be instituted within the 1500-foot radius of the new nest tree. Construction
restrictions will be evaluated based on distance between the nest tree and the closest
existing structure. New nest locations will require this Bald Eagle Management Plan to
be amended subject to the requirements of Section 4.4.
4.4 Plan Amendments
This plan shall be amended to specifically address the circumstances based on the
location of any future nest trees. In the event that the applicant is unable to meet the
recommendations provided in this management plan, they may contact the Service
directly for further guidance. If applicant agrees to the parameters and adheres to the
recommendations cited above, the Service does not object to the initiation of the project.
An amendment to this plan will be required by Collier County and may be done
administratively.
Any changes to the management plan activities outlined above must first be reviewed and
approved by the U.S. Fish and Wildlife Service, Florida Fish and Wildlife Conservation
Commission and Collier County prior to implementation of the changes.
4.5 Process to receive approval for building closer to nests CO-20 and CO-20A
(Incidental Take Permit)
While building anywhere closer to the bald eagle nests CO-20 and CO-20A is not
recommended by the Guidelines, the USFWS has options to consider.
The Service is responsible for administering the Endangered Species Act (ESA). Section
9 of the ESA prohibits unauthorized take of listed species. Take means to harm, harass,
pursue, hunt, shoot, wound, kill, trap, capture, collect, or attempt to engage in such
activity. Harm is further defined to include significant habitat modification or
degradation that results in death or injury to listed species by significantly impairing
behavioral patterns such as breeding, feeding, or sheltering. Harass is defined as actions
that create the likelihood of injury to listed species to such an extent as to significantly
disrupt normal behavior patterns which include, but are not limited to, breeding, feeding,
or sheltering.
If a project will impact federal jurisdictional wetlands, section 7 of the ESA can provide
an exception to the section 9 prohibitions through consultation with the U.S. Army Corps
of Engineers (Corps) and authorization of incidental take. If no federally jurisdictional
wetlands are involved, section 10 of the ESA provides an exception to the section 9
prohibitions through the Service's incidental take permit process. Incidental take is
defined by the ESA as take that is incidental to, and not the purpose of, carrying out an
otherwise lawful activity. The incidental take section 10 permit process requires
completion of a pennit application and a Habitat Conservation Plan (HCP). If a project
does not involve impacts to wetlands, an applicant may need to complete a pennit
application and an HCP specific for the bald eagle.
Agenda Item No. 16A 18
July 26, 2005
Exhitn@~ 12 of 13
It should also be noted that the scope of a project may determine the need for incidental
take authorization. For instance, a project deemed by the Service to be insignificant in
tenns of impacts to the bald eagle, or would not increase risk to the bald eagle, could be
termed not likely to adversely affect the bald eagle and negate the need for incidental take
authorization.
An applicant may receive County authorization to build closer to nests CO-20 and CO-
20A than that provided for in Section 4.1 provided that the applicant furnishes either:
a. an incidental take permit from the USFWS, or
b. written notification from the USFWS that the USFWS finds that the project will not
likely adversely affect the bald eagle and an incidental take authorization is not
needed.
4.6 Monitoring
Collier County will conduct periodic monitoring of these projects for compliance with
these requirements and assessment of the status of the nesting eagles.
4.7 Notification Requirements
The Homeowners' Association will provide each owner of an undeveloped lot within
1500 feet ofCO-20 and CO-20A with a copy of the eagle management plan.
4.8 Lot Owner Responsibilities
Each lot owner that undertakes construction within 1500 feet of an active eagle nest is
responsible for insuring that construction is in compliance with this management plan.
Agenda Item No. 16A 18
July 26, 2005
ExhilJi@~ 13 of 13
Figure 1: Audubon Country CI ub Bald Eagle Management Plan
Source: Parcels and 2004 aerials. Colier County Property Appraiser
Created by' CDES Environmental Services Department
G.GIS/Aud EOS. mxd
6/1 O,fj5
Note: Map is approximate. DeciSiOns should not be based sole,' on this map
-+
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o
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1.00D
Agenda Item No. 1681
July 26, 2005
Page 1 of 47
EXECUTIVE SUMMARY
Recommendation to. grant easements to Florid. Power & Light Compoy over nine parcels
owned by Colller County.
OBJECTIVE: To assist Florida Power and Light Company (FPL) with the installation of its
"loop" high voltage electrical transmission system through Lee and Collier Counties by granting
easements across the unused portions of several stormwater treatment pond sites on Immokalee
Road between the Collier County Fairgrounds and FPL's new substation just west of Wilson
Boulevard.
CONSIDERATIONS: Florida Power &. Light Company is seeking to install a supplemental
power transmission line from their Orange River power plant in Fort Myers, out State Road SR-
82, down through Immokalee, and providing several substations in Collier County with an
ahemativesource of power in the event of an emergency and in times of peak demand. The
primary route through Collier County is along Immokalee Road and Collier Boulevard.
The gratis conveyance of these easements to FPL is part of a cooperative effort to relocate the
existing 1ransmission lines installed along the west side of Collier Boulevard from 1 at Avenue
NW down to the Green Boulevard substation. It is anticipated that FPL will move their
~ transmission line to the east, between the canal and the road, as it is between lrnmokalee Road
and lilt Avenue NW.
FISCAL IMPACT: There will be no expense to Collier County for installation of this line.
GRO'WTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with tbisExecutive Swnmary.
RECOMMENDA TIONS:Recommendation that the Board of County Commissioners:
1. Approve the granting of easements to Florida Power and Light Company over nine parcels
owned by Collier County; and
2. Authorize its Chainnan to Execute the easement instruments (copies of which are attached)
in duplicate. (Execution by FPL also is necessary for the easements to be effective.)
Prepared by: Paul F. Young, Property Acquisition Specialist, TECM Right-of-Way.
Attachments: Nine (9) Easements with legal descriptions
~
Agenda Item No. 16B1
July 26, 2005
Pago 2 of 47
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Mooting Ooto
16B1
Recommendation to IJfant easements to Florida Power & Ught Company over nine parcels
owned by Collier County.
7/26/20069;00;00 AM
Itlm Number
"em Summary
P,..pored By D...
Paul Young Pmperty Ac:quisltlon Spct(:loU.t 716/2006 2:30:38 PM
Tran.port8tlon Services TEeM-ROW
Approved By
EUljJonlt Calvort Principnl Project Ml'lnaeer Datlt'
TransporUilions S.rvices Tr.nsportnHon Eoglnoering end 71712005 10:63 AM
Construdlon ManaSlemont
Approved By
Llu Taylor M.an..gementlBudv.t. An:alY.lt Dole
Tru"sport:atlon Services l'ransportaHon Administration 71812005 9:" AM
Approved By
Kevin Hettdricks. Right 01 WilY Acqui<lon Man.goer Dote
TnJn"portatlon Engineering .and 71812005 2:15 PM
Transportation Services Construction
Approved By
Norm E. Feder. AICP Transportation m'ljlJion Admlnlstrator Oat.
Tr.nsport.tlon ServIce. TranapolUtion Servlc.s Admin. 71812005 3:43 PM
Approv.d By
Shan:m Nowrnan Al:nQunting Sl.lpftrvi'(~f Data
Transportation Servin. Tran.port.tion Administration 7/11/20059:17 AM
Approved By
PM Lcmnhard Executive Secnrt.1lry D...
Tr,n$partatlon S.rvlc:.u~ lransolH)t1etlnn SftlVi(~s Admin 7/111200111:20 AM
Approved By
OMS Coordinator Administrative Asslsb"t Date
County MIln.aglllr's OfflC:ilI Office of ManagM'lClnt & Gudgelt 71111200511 :21 AM
Approved By
Mltrk luck>>on Budg,~t AIIlllYllo1 Oat.
County Manager's. Offic:e Ol'fice of Mln_g.mttrlt &, 8udget Till 12005 4:08 PM
Approved By
Mlc.hael Smykowski Martag.ment & 8udgut Director Oat.
Couflty MlumUII'r'ti Offic,~ Office of Mlln.genlOr., & Bud"," TllV2005 .:D~ AM
Approved By
Jam.. V. Mudd Count)/ Man.ger Dole
Board of CO\lnty 7112120051 :17 PM
CO'"l1lil\aloners County MlnGoer'. OIT.C4t
Agenda Item No. 16B1
July 26, 2005
Page 3 of 47
EASEMENT
(Corporate, Collier County)
1'1 g
KNOW Au.. MEN BY THESE PRESENTS that Collier
County, a political subdivision of the State of Florida, 3301
Tamlami TraIl, E., Naples, FL 34112 of the County of Collier and
State of Florida in consideration of the sum of One Dollar and No
Cents ($1.00) and other valuable considerations, receipt of which IS
hereby acknowledged, does hereby grant to the FLORIDA POWER &
LIGHT COMPANY, a corporation organized and existing under the
laws of the State of Florida, whose address is P.O. Box 14000, Juno
Beach, Florida 33408-0420, and to its successors and assigns (the term "assigns"
meaning any person, firm or corporation owning by way of assignment all rights or a
portion of such rights with the Grantee or its other assigns retaining and exercising the
other rights), an easement forever for a right-of- way, 15 feet in width, to be used for the
construction, operation and maintenance of one or more overhead and underground
electric transmission and distribution lines, including but not limited to, wires, poles, "H"
frame structures, towers, cables, conduits, anchors, guys, roads, trails and equipment
associated therewith, attachments and appurtenant equipment for communication
purposes and one or more pipelines, and appurtenant equipment for the transmission of
substances of any kind (all of the foregoing herelnafter referred to as "facilities"), over,
under, in, on, upon and across the lands of the Grantor situated in the County of Collier
and the State of Florida and being more particularly described as follows:
See Exhibit "A" attached hereto and made a part hereof
together with the right and privilege from time to time to reconstruct, inspect, alter,
improve, enlarge, add to, change the voltage, as well as the nature or physical
characteristics of, replace, remove or relocate such facilities or any part of them upon,
across, over or under the above-described right-of-way with all rights and privileges
necessary or convenient for the full enjoyment or the use thereof for the herein described
purposes, including, but not limited to, the right to cut and keep clear all trees and
undergrowth and other obstructions within said right-of-way and on lands of Grantor
adjoining said right-of-way that may interfere with the proper construction, operation and
maintenance of such facilities or any part of them, the right to mark the location of any
underground facilities by above ground and other suitable markers and the right of
ingress and egress for personnel and equipment of Grantee, its contractors, agents,
successors or assigns over the adjoining lands of the G1'antor, for the purpose of
exercising and enjoying the rights granted by this easement and any or all of the rights
granted hereunder.
.-
Agenda Item No. 1681
July 26, 2005
Page 4 of 47
Grantor reserves the right and privilege to use the above-described right-of-way for all
purposes except any use that interferes with or is inconsistent with the use, occupation,
maintenance or enjoyment granted herein, or any uses that cause a hazardous condition;
provided, however, and by the execution and delivery hereof Grantor so expressly agrees
that no portion of the right-of-way shall be excavated, altered, obstructed, improved,
surfaced or paved without the prior written permission of the Grantee, or its successors or
assigns, which permission shall not be unreasonably withheld, and no building, well,
irrigation system, or obstruction shall be located, constructed, maintained or operated
over, under, upon or across said right-of-way by the Grantor, or the heirs, personal
representatives, successors or assigns of Grantor.
Grantee hereby releases and holds the County hannless from all liabilities, claims,
damages, costs, actions, injury and attorney's fees, asserted by third parties, relating to or
arising from Grantee's use of this easement. Grantee also agrees to restore, repair, or
replace any damage or loss to Grantor's adjoining lands caused by Grantee, its agents,
assigns, contractors, or employees, during or arising from the exercise of the maintenance
and access rights granted herein.
By the execution hereof, Grantor covenants that it has the right to convey this easement
and that the Grantee and its successors and assigns shall have quiet and peaceful
possession, use and enjoyment of this easement and the rights granted hereby.
IN WITNESS WHEREOF, the Grantor has executed this Agreement this
day of ,2005
A ITEST:
DWlGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
, Deputy Clerk
Fred W. Coyle, Chairman
-
Agenda Item No. 1681
July 26, 2005
Page 5 of 47
FLORIDA POWER AND LIGHT COMPANY
BY:
TITLE:
County of
State of
Before me this date appeared , the of
Florida Power and Light Company who signed this Easement of his own free wilt and
accord this day of , 2005.
Notary Public
Approved as to form and legal sufficiency:
Ellen T. Chadwell, Assistant County Attorney
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Agenda Item No. 1681
July 26, 2005
Page 8 of 47
EASEMENT
(Corporate, Collier County)
2 'b(.,
KNOW ALL MEN BY THESE PRESENTS that Collier
County, a political subdivision of the State of Florida, 3301
Tarniami Trail, E., Naples, FL 34112 of the County of Collier and
State of Florida in consideration of the sum of One Dollar and No
Cents ($1.00) and other valuable considerations, receipt of which is
hereby acknowledged, does hereby grant to the FLORIDA POWER &
UGm COMPANY, a corporation organized and existing under the
laws of the State of Florida, whose address is P.O. Box 14000, Juno
Beach, Florida 33408-0420, and to its successors and assigns (the term "assigns"
meaning any person, fIrm or corporation owning by way of assignment all rights or a
portion of such rights with the Grantee or its other assigns retaining and exercising the
other rights), an easement forever for a right-of- way, 15 feet in width, to be used for the
construction, operation and maintenance of one or more overhead and underground
electric transmission and distribution lines, including but not limited to, wires, poles, ''H''
frame structures, towers, cables, conduits, anchors, guys, roads, trails and equipment
associated therewith, attachments and appurtenant equipment for communication
purposes and one or more pipelines, and appurtenant equipment for the transmission of
substances of any kind (all of the foregoing hereinafter referred to as "facilities"), over,
under, in, on, upon and across the lands of the Grantor situated in the County of Collier
and the State of Florida and being more particularly described as follows:
See Exhibit "A" attached hereto and made a part hereof
together with the right and privilege from time to time to reconstruct, inspect, alter,
improve, enlarge, add to, change the voltage, as well as the nature or physical
characteristics of, replace, remove or relocate such facilities or any part of them upon,
across, over or under the above-described right-of-way with all rights and privileges
necessary or convenient for the full enjoyment or the use thereof for the herein described
purposes, including, but not limited to, the right to cut and keep clear all trees and
undergrowth and other obstructions within said right-of-way and on lands of Grantor
adjoining said right-of-way that may interfere with the proper construction, operation and
maintenance of such facilities or any part of them, the right to mark the location of any
underground facilities by above ground and other suitable markers and the right of
ingress and egress for personnel and equipment of Grantee, its contractors, agents,
successors or assigns over the adjoining lands of the Grantor, for the purpose of
exercising and enjoying the rights granted by this easement and any or all of the rights
granted hereunder.
Agenda Item No. 1681
July 26, 2005
Page 9 of 47
Grantor reserves the right and privilege to use the above-described right-of-way for all
purposes except any use that interferes with or is inconsistent with the use, occupation,
maintenance or enjoyment granted herein, or any uses that cause a hazardous condition;
provided, however, and by the execution and delivery hereof Grantor so expressly agrees
that no portion of the right-of-way shall be excavated, altered, obstructed, improved,
surfaced or paved without the prior written permission of the Grantee, or its successors or
assigns, which permission shall not be unreasonably withheld, and no building, well,
irrigation system, or obstruction shall be located, constructed. maintained or operated
over, under, upon or across said right-of-way by the Grantor, or the heirs, personal
representatives, successors or assigns of Grantor.
Grantee hereby releases and holds the County harmless from all liabilities, claims,
damages, costs, actions, injury and attorney's fees, asserted by third parties, relating to or
arising from Grantee's use of this easement. Grantee also agrees to restore, repair, or
replace any damage or loss to Grantor's adjoining lands caused by Grantee, its agents,
assigns, contractors, or employees, during or arising from the exercise of the maintenance
and access rights granted herein.
By the execution hereof, Grantor covenants that it has the right to convey this easement
and that the Grantee and its successors and assigns shall have quiet and peaceful
possession, use and enjoyment of this easement and the rights granted hereby.
IN WITNESS WHEREOF, the Grantor has executed this Agreement this
day of ,2005
ATTEST:
DWIGHf E. BROCK, CLERK
BOARD OF COUNTY CO~SSIONERS
, Deputy Clerk
Fred W. Coyle, Chairman
Agenda Item No. 1681
July 26, 2005
Page10of47
FLORIDA POWER AND LIGHT COMPANY
BY:
TITLE:
County of
State of
Before me this date appeared , the of
Florida Power and Light Company who signed this Easement of his own free will and
accord this day of ,2005.
,.,.-......
Notary Public
Approved as to form and legal sufficiency:
Ellen T. Chadwell, Assistant County Attorney
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Agenda Item No. 1681
July 26, 2005
Page 13 of 47
EASEMENT
(Corporate, Collier County)
zq"l
KNOW ALL MEN BY THESE PRESENTS that Collier
County, a political subdivision of the State of Florida, 3301
Tamiami Trail, E., Naples, FL 34112 of the County of Collier and
State of Florida in consideration of the sum of One Dollar and No
Cents ($1.00) and other valuable considerations, receipt of which is
hereby acknowledged, does hereby grant to the FLORIDA POWER &
LIGHT COMPANY, a corporation organized and existing under the
laws of the State of Florida, whose address is P.O. Box 14000, Juno
Beach, Florida 33408-0420, and to its successors and assigns (the term "assigns"
meaning any person, frrm or corporation owning by way of assignment all rights or a
portion of such rights with the Grantee or its other assigns retaining and exercising the
other rights), an easement forever for a right-of- way, 15 feet in width, to be used for the
construction, operation and maintenance of one or more overhead and underground
electric transmission and distribution lines, including but not limited to, wires, poles, UH"
frame structures, towers, cables, conduits, anchors, guys, roads, trails and equipment
associated therewith, attachments and appurtenant equipment for communication
purposes and one or more pipelines, and appurtenant equipment for the transmission of
substances of any kind (all of the foregoing hereinafter referred to as ''facilities''), over,
under, in, on, upon and across the lands of the Grantor situated in the County of Collier
and the State of Florida and being more particularly described as follows:
See Exhibit "A" attached hereto and made a part hereof
together with the right and privilege from time to time to reconstruct, inspect, alter,
improve, enlarge, add to, change the voltage, as well as the nature or physical
characteristics of, replace, remove or relocate such facilities or any part of them upon,
across, over or under the above-described right-of-way with all rights and privileges
necessary or convenient for the full enjoyment or the use thereof for the herein described
purposes, including, but not limited to, the right to cut and keep clear all trees and
undergrowth and other obstructions within said right-of-way and on lands of Grantor
adjoining said right-of-way that may interfere with the proper construction, operation and
maintenance of such facilities or any part of them, the right to mark the location of any
underground facilities by above ground and other suitable markers and the right of
ingress and egress for personnel and equipment of Grantee, its contractors, agents,
successors or assigns over the adjoining lands of the Grantor, for the purpose of
exercising and enjoying the rights granted by this easement and any or all of the rights
granted hereunder.
Agenda Item No. 1681
July 26, 2005
Page 14 of 47
Grantor reserves the right and privilege to use the above-described right-of-way for all
purposes except any use that interferes with or is inconsistent with the use, occupation,
maintenance or enjoyment granted herein, or any uses that cause a hazardous condition;
provided, however, and by the execution and delivery hereof Grantor so expressly agrees
that no portion of the right-of-way shall be excavated, altered, obstructed, improved,
surfaced or paved without the prior written permission of the Grantee, or its successors or
assigns, which permission shall not be unreasonably withheld, and no building, well,
irrigation system, or obstruction shall be located, constructed, maintained or operated
over, under, upon or across said right-of-way by the Grantor, or the heirs, personal
representatives, successors or assigns of Grantor.
Grantee hereby releases and holds the County harmless from all liabilities, claims,
damages, costs, actions, injury and attorney's fees, asserted by third parties, relating to or
arising from Grantee's use of this easement. Grantee also agrees to restore, repair, or
replace any damage or loss to Grantor's adjoining lands caused by Grantee, its agents,
assigns, contractors, or employees, during or arising from the exercise of the maintenance
and access rights granted herein.
-
By the execution hereof, Grantor covenants that it has the right to convey this easement
and that the Grantee and its successors and assigns shall have quiet and peaceful
possession, use and enjoyment of this easement and the rights granted hereby.
IN WITNESS WHEREOF, the Grantor has executed this Agreement this
day of ,2005
AITEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COM:MISSIONERS
, Deputy Clerk
Fred W. Coyle, Chainnan
;0"-'.
Agenda Item No. 1681
July 26, 2005
Page 15 of 47
FLORIDA POWER AND LIGHT COMPANY
BY:
TITLE:
County of
State of
Before me this date appeared , the of
Florida Power and Light Company who signed this Easement of his own free will and
accord this day of , 2005.
Notary Public
Approved as to form and legal sufficiency:
Ellen T. Chadwell, Assistant County Attorney
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Agenda Item No. 16B1
July 26. 2005
Page 18 of47
EASEMENT
(Corporate, Collier County)
-; 't .3
KNOW ALL MEN BY THESE PRESENTS that Collier
County, a political subdivision of the State of Florida, 3301
Tamiami Trail, E., Naples, FL 34112 of the County of Collier and
State of Florida in consideration of the sum of One Dollar and No
Cents ($1.00) and other valuable considerations, receipt of which is
hereby acknowledged, does hereby grant to the FLORIDA POWER &
LIGHT COMPANY, a corporation organized and existing under the
laws of the State of Florida, whose address is P.O. Box 14000, Juno
Beach, Florida 33408~0420, and to its successors and assigns (the term "assigns"
meaning any person, firm or corporation owning by way of assignment all rights or a
portion of such rights with the Grantee or its other assigns retaining and exercising the
other rights), an easement forever for a right-of- way, 15 feet in width, to be used for the
construction, operation and maintenance of one or more overhead and underground
electric transmission and distribution lines, including but not limited to, wires, poles, "II"
frame structures, towers, cables, conduits, anchors, guys, roads, trails and equipment
associated therewith, attachments and appurtenant equipment for communication
purposes and one or more pipelines, and appurtenant equipment for the transmission of
substances of any kind (all of the foregoing hereinafter referred to as "facilities"), over,
under, in, on, upon and across the lands of the Grantor situated in the County of Collier
and the State of Florida and being more particularly described as follows:
See Exhibit "A" attached hereto and made a part hereof
--
together with the right and privilege from time to time to reconstruct, inspect, alter,
improve, enlarge, add to, change the voltage, as well as the nature or physical
characteristics of, replace, remove or relocate such facilities or any part of them upon,
across, over or under the above-described right-of-way with all rights and privileges
necessary or convenient for the full enjoyment or the use thereof for the herein described
purposes, including, but not limited to, the right to cut and keep clear all trees and
undergrowth and other obstructions within said right-of-way and on lands of Grantor
adjoining said right-of~way that may interfere with the proper construction, operation and
maintenance of such facilities or any part of them, the right to mark the location of any
underground facilities by above ground and other suitable markers and the right of
ingress and egress for personnel and equipment of Grantee, its contractors, agents,
successors or assigns over the adjoining lands of the Grantor, for the purpose of
exercising and enjoying the rights granted by this easement and any or all of the rights
granted hereunder.
Agenda Item No. 1681
July 26, 2005
Page 19 of 47
)
Grantor reserves the right and privilege to use the above-described right-of-way for all
purposes except any use that interferes with or is inconsistent with the use, occupation,
maintenance or enjoyment granted herein, or any uses that cause a hazardous condition;
provided, however, and by the execution and delivery hereof Grantor so expressly agrees
that no portion of the right-of-way shall be excavated, altered, obstructed, improved,
surfaced or paved without the prior written permission of the Grantee, or its successors or
assigns, which permission shall not be unreasonably withheld, and no building, well,
irrigation system, or obstruction shall be located, constructed, maintained or operated
over, under, upon or across said right-of-way by the Grantor, or the heirs, personal
representatives, successors or assigns of Grantor.
Grantee hereby releases and holds the County harmless from all liabilities, claims,
damages, costs, actions, injury and attorney's fees, asserted by third parties, relating to or
arising from Grantee's use of this easement. Grantee also agrees to restore, repair, or
replace any damage or loss to Grantor's adjoining lands caused by Grantee, its agents,
assigns, contractors, or employees, during or arising from the ex.ercise of the maintenance
and access rights granted herein.
By the execution hereof, Grantor covenants that it has the right to convey this easement
and that the Grantee and its successors and assigns shall have quiet and peaceful
possession, use and enjoyment of this easement and the rights granted hereby.
IN WITNESS WHEREOF, the Grantor has executed this Agreement this
day of ,2005
ArrEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
, Deputy Clerk
Fred W. Coyle, Chairman
Agenda Item No. 1681
July 26, 2005
Page 20 of 47
FLORIDA POWER AND LIGHT COMPANY
BY:
TITLE:
County of
State of
Before me this date appeared . the of
Florida Power and Light Company who signed this Easement of his own free will and
accord this day of ,2005.
.-
Notary Public
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Agenda Item No. 1681
July 26, 2005
Page 23 of 47
EASEMENT
(Corporate, Collier County)
~'2.'1
KNOW ALL MEN BY THESE PRESENTS that Collier
County, a political subdivision of the State of Florida, 3301
Tamiami Trail, E., Naples, FL 34112 of the County of Collier and
State of Florida in consideration of the sum of One Dollar and No
Cents ($1.00) and other valuable considerations, receipt of which is
hereby acknowledged, does hereby grant to the FLORIDA POWER &
LIGHT COMPANY, a corporation organized and existing under the
laws of the State of Florida, whose address is P.O. Box 14000, Juno
Beach, Florida 33408-0420, and to its successors and assigns (the term "assigns"
meaning any person, firm or corporation owning by way of assignment all rights or a
portion of such rights with the Grantee or its other assigns retaining and exercising the
other rights), an easement forever for a right-of- way, 15 feet in width, to be used for the
construction, operation and maintenance of one or more overhead and underground
electric transmission and distribution lines, including but not limited to, wires, poles, "R"
frame structures, towers, cables, conduits, anchors, guys, roads, trails and equipment
associated therewith, attachments and appurtenant equipment for communication
purposes and one or more pipelines, and appurtenant equipment for the transmission of
substances of any kind (all of the foregoing hereinafter referred to as "facilities"), over,
under, in, on, upon and across the lands of the Grantor situated in the County of Collier
and the State of Florida and being more particularly described as follows:
See Exhibit "A" attached hereto and made a part hereof
together with the right and privilege from time to time to reconstruct, inspect, alter,
improve, enlarge, add to, change the voltage, as well as the nature or physical
characteristics of, replace, remove or relocate such facilities or any part of them upon,
across, over or under the above-described right-of-way with all rights and privileges
necessary or convenient for the full enjoyment or the use thereof for the herein described
purposes, including, but not limited to, the right to cut and keep clear all trees and
undergrowth and other obstructions within said right-of-way and on lands of Grantor
adjoining said right-of-way that may intetfere with the proper construction, operation and
maintenance of such facilities or any part of them, the right to mark the location of any
underground facilities by above' ground and other suitable markers and the right of
ingress and egress for personnel and equipment of Grantee, its contractors, agents,
successors or assigns over the adjoining lands of the Grantor, for the purpose of
exercising and enjoying the rights granted by this easement and any or all of the rights
granted hereunder.
Agenda Item No. 1681
July 26, 2005
Page 24 of 47
Grantor reserves the right and privilege to use the above-described right-of-way for all
purposes except any use that interferes with or is inconsistent with the use, occupation,
maintenance or enjoyment granted herein, or any uses that cause a hazardous condition;
provided, however, and by the execution and delivery hereof Grantor so expressly agrees
that no portion of the right-of-way shall be excavated, altered, obstructed, improved,
surfaced or paved without the prior written permission of the Grantee, or its successors or
assigns, which permission shall not be unreasonably withheld, and no building, well,
irrigation system, or obstruction shall be located, constructed, maintained or operated
over, under, upon or across said right-of-way by the Grantor, or the heirs, personal
representatives, successors or assigns of Grantor.
Grantee hereby releases and holds the County harmless from all liabilities, claims,
damages, costs, actions, injury and attorney's fees, asserted by third parties, relating to or
arising from Grantee's use of this easement. Grantee also agrees to restore, repair, or
replace any damage or loss to Grantor's adjoining lands caused by Grantee, its agents,
assigns, contractors, or employees, during or arising from the exercise of the maintenance
and access rights granted herein.
By the execution hereof, Grantor covenants that it has the right to convey this easement
and that the Grantee and its successors and assigns shall have quiet and peaceful
possession, use and enjoyment of this easement and the rights granted hereby.
IN WITNESS WHEREOF, the Grantor has executed this Agreement this
day of ,2005
A TrEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
, Deputy Clerk
Fred W. Coyle, Chairman
Agenda Item No. 1681
July 26. 2005
Page 25 of 47
FLORIDA POWER AND LIGHT COMPANY
BY:
TITlE:
County of
State of
Before me this date appeared , the of
Florida Power and Light Company who signed this Easement of his own free will and
accord this day of I 2005.
Notary Public
Approved as to form and legal sufficiency:
Ellen T. Chadwell, Assistant County Attorney
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Agenda Item No. 1681
July 26, 2005
Page 28 of 47
EASEMENT
(Corporate, Collier County)
~~o
,-
KNOW ALL MEN BY THESE PRESENTS that Collier
County, a political subdivision of the State of Florida, 3301
Tamiami Trail, E., Naples, FL 34112 of the County of Collier and
State of Florida in consideration of the sum of One Dollar and No
Cents ($1.00) and other valuable considerations, receipt of which is
hereby acknowledged, does hereby grant to the FLORIDA POWER &
UGm COMPANY, a corporation organized and e~isting under the
laws of the State of Florida, whose address is P.O. Box 14000, Juno
Beach, Florida 33408-0420, and to its successors and assigns (the term "assigns"
meaning any person, firm or corporation owning by way of assignment all rights or a
portion of such rights with the Grantee or its other assigns retaining and exercising the
other rights), an easement forever for a right-of- way, 15 feet in width, to be used for the
construction, operation and maintenance of one or more overhead and underground
electric transmission and distribution lines, including but not limited to, wires, poles, "H"
frame structures, towers, cables, conduits, anchors, guys, roads, trails and equipment
associated therewith, attachments and appurtenant equipment for conununication
purposes and one or more pipelines, and appurtenant equipment for the transmission of
substances of any kind (all of the foregoing hereinafter referred to as "facilities"), over,
under, in, on, upon and across the lands of the Grantor situated in the County of Collier
and the State of Florida and being more particularly described as follows:
See Exhibit "An attached hereto and made a part hereof
together with the right and privilege from time to time to reconstruct, inspect, alter,
improve, enlarge, add to, change the voltage, as well as the nature or physical
characteristics of, replace, remove or relocate such facilities or any part of them upon,
across, over or under the above-described right-of-way with all rights and privileges
necessary or convenient for the full enjoyment or the use thereof for the herein described
purposes, including, but not limited to, the right to cut and keep clear all trees and
undergrowth and other obstructions within said right-of-way and on lands of Grantor
adjoining said right-of-way that may interfere with the proper construction, operation and
maintenance of such facilities or any part of them, the right to mark the location of any
underground facilities by above ground and other suitable markers and the' right of
ingress and egress for personnel and equipment of Grantee, its contractors, agents,
successors or assigns oyer the adjoining lands of the Grantor, for the purpose of
exercising and enjoying the rights granted by this easement and any or all of the rights
granted hereunder.
Agenda Item No. 1681
July 26, 2005
Page 29 of 47
Grantor reserves the right and privilege to use the above-described right-of-way for all
purposes except any use that intetferes with or is inconsistent with the use, occupation,
maintenance or enjoyment granted herein, or any uses that cause a hazardous condition;
provided, however, and by the execution and delivery hereof Grantor so expressly agrees
that no portion of the right-of-way shall be excavated, altered, obstructed, improved,
surfaced or paved without the prior written pennission of the Grantee, or its successors or
assigns, which pennission shall not be unreasonably withheld, and no building, well,
irrigation system, or obstruction shall be located, constructed, maintained or operated
over, under, upon or across said right-of-way by the Grantor, or the heirs, personal
representatives, successors or assigns of Grantor.
Grantee hereby releases and holds the County hannless from all liabilities, claims,
damages, costs, actions, injury and attorney's fees, asserted by third parties, relating to or
arising from Grantee's use of this easement. Grantee also agrees to restore, repair, or
replace any damage or loss to Grantor's adjoining lands caused by Grantee, its agents,
assigns, contractors, or employees, during or arising from the exercise of the maintenance
and access rights granted herein.
By the execution hereof, Grantor covenants that it has the right to convey this easement
and that the Grantee and its successors and assigns shall have quiet and peaceful
possession, use and enjoyment of this easement and the rights granted hereby.
IN WITNESS WHEREOF, the Grantor has executed this Agreement this
day of ,2005
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
, Deputy Clerk
Fred W. Coyle, Chairman
Agenda Item No. 1681
July 26, 2005
Page 30 of 47
FLORIDA POWER AND LIGHf COMPANY
BY:
TITLE:
County of
State of
Before me this date appeared , the of
Florida Power and Light Company who signed this Easement of his own free will and
accord this day of ,2005.
Notary Public
Approved as to form and legal sufficiency:
Ellen T. Chadwell, Assistant County Attorney
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Agenda Item No. 1681
July 26, 2005
Page 33 of 47
\
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EASEMENT
(Corporate, Collier County)
$3\
KNOW ALL MEN BY THESE PRESENTS that Collier
County, a political subdivision of the State of Florida, 3301
Tam'Hl1)i Trail, Eo, Naples, FL 34112 of the County of Collier and
State of Florida in consideration of the sum of One Dollar and No
Cents ($1.00) and other valuable considerations, receipt of which is
hereby acknowledged, does hereby grant to the FLORIDA POWER &
LIGHT COMPANY, a corporation organized and existing under the
laws of the State of Florida, whose address is P.O. Box 14000, Juno
Beach, Florida 33408-0420, and to its successors and assigns (the term "assigns"
meaning any person, firm or corporation owning by way of assignment all rights or a
portion of such rights with the Grantee or its other assigns retaining and exercising the
other rights), an easement forever for a right-of- way, 15 feet in width, to be used for the
construction, operation and maintenance of one or more overhead and underground
electric transmission and distribution lines, including but not limited to, wires, poles, "H"
frame structures, towers, cables, conduits, anchors, guys, roads, trails and equipment
associated therewith, attachments and appurtenant equipment for communication
purposes and one or more pipelines, and appurtenant equipment for the transmission of
substances of any kind (all of the foregoing hereinafter referred to as "facilities"), over,
under, in, on, upon and across the lands of the Grantor situated in the County of Collier
and the State of Florida and being more particularly described as follows:
See Exhibit "A" attached hereto and made a part hereof
together with the right and privilege from time to time to reconstruct, inspect, alter,
improve, enlarge, add to, change the voltage, as well as the nature or physical
characteristics of, replace, remove or relocate such facilities or any part of them upon,
across, over or under the above-described right-of-way with all rights and privileges
necessary or convenient for the full enjoyment or the use thereof for the herein described
purposes, including, but not limited to, the right to cut and keep clear all trees and
undergrowth and other obstructions within said right-of-way and on lands of Grantor
adjoining said right-of-way that may interfere with the proper construction, operation and
maintenance of such facilities or any part of them, the right to mark the location,of any
underground facilities by above ground and other suitable markers and the right of
ingress and egress for personnel and equipment of Grantee, its contractors, agents,
successors or assigns over the adjoining lands of the Grantor, for the purpose of
exercising and enjoying the rights granted by this easement and any or all of the rights
granted hereunder.
Agenda Item No. 1681
July 26. 2005
Page 34 of 47
Grantor reserves the right and privilege to use the above-described right-of-way for all
purposes except any use that interferes with or is inconsistent with the use, occupation,
maintenance or enjoyment granted herein, or any uses that cause a hazardous condition;
provided, however, and by the execution and delivery hereof Grantor so expressly agrees
that no portion of the right-of-way shall be excavated, altered, obstructed, improved,
surfaced or paved without the prior written permission of the Grantee, or its successors or
assigns, which permission shall not be unreasonably withheld, and no building, well,
irrigation system, or obstruction shall be located, constructed, maintained or operated
over, under, upon or across said right-of-way by the Grantor, or the heirs, personal
representatives, successors or assigns of Grantor.
Grantee hereby releases and holds the County harmless from all liabilities, claims,
damages, costs, actions, injury and attorney's fees, asserted by third parties, relating to or
arising from Grantee's use of this easement. Grantee also agrees to restore, repair, or
replace any damage or loss to Grantor's adjoining lands caused by Grantee, its agents,
assigns, contractors, or employees, during or arising from the exercise of the maintenance
and access rights granted herein.
,~
By the execution hereof, Grantor covenants that it has the right to convey this easement
and that the Grantee and its successors and assigns shall have quiet and peaceful
possession, use and enjoyment of this easement and the rights granted hereby.
IN WITNESS WHEREOF, the Grantor has executed this Agreement this
day of ,2005
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
, Deputy Clerk
Fred W, Coyle, Chairman
Agenda Item No. 1681
July 26. 2005
Page 35 of 47
FLORIDA POWER AND LIGIIT COMPANY
BY:
TITLE:
County of
State of
Before me this date appeared , the of
Florida Power and Light Company who signed this Easement of his own free will and
accord this day of ,2005.
Notary Public
Approved as to form and legal sufficiency:
Ellen T. Chadwell, Assistant County Attorney
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Agenda Item No. 1681
July 26,2005
Page 38 of 47
EASEMENT
(Corporate, Collier County)
~3 -z.....
,,""-'"
KNOW All.. MEN BY THESE PRESENTS that Collier
County, a political subdivision of the State of florida, 3301
Tamiami . Trail, E., Naples, FL 34112 of the County of Collier and
State of Florida in consideration of the sum of One Dollar and No
Cents ($LOO) and other valuable considerations, receipt of which is
hereby acknowledged, does hereby grant to the FLORIDA POWER &
LIGHT COMPANY, a corporation organized and existing under the
laws of the State of Florida, whose address is P.O. Box 14000, Juno
Beach, Florida 33408-0420, and to its successors and assigns (the term "assigns"
meaning any person, firm or corporation owning by way of assignment all rights or a
portion of such rights with the Grantee or its other assigns retaining and exercising the
other rights), an easement forever for a right-of- way, 15 feet in width, to be used for the
construction, operation and maintenance of one or more overhead and underground
electric transmission and distribution lines, including but not limited to, wires, poles, "H"
frame structures, towers, cables, conduits, anchors, guys, roads, trails and equipment
associated therewith, attachments and appurtenant equipment for communication
purposes and one or more pipelines, and appurtenant equipment for the transmission of
substances of any kind (all of the foregoing hereinafter referred to as "facilities"), over,
under, in, on, upon and across the lands of the Grantor situated in the County of Collier
and the State of Florida and being more particularly described as follows:
See Exhibit "A" attached hereto and made a part hereof
together with the right and privilege from time to time to reconstruct, inspect, alter,
improve, enlarge, add to, change the voltage, as well as the nature or physical
characteristics of, replace, remove or relocate such facilities or any part of them upon,
across, over or under the above-described right-of-way with all rights and privileges
necessary or convenient for the full enjoyment or the use thereof for the herein described
purposes, including, but not limited to, the right to cut and keep clear all trees and
undergrowth and other obstructions within said right-of-way and on lands of Grantor
adjoining said right-of-way that may interfere with the proper construction, operation and
maintenance of such facilities or any part of them, the right to mark the location of any
underground facilities by above ground and other suitable markers and the right of
ingress and egress for personnel and equipment of Grantee, its contractors, agents,
successors or assigns over the adjoining lands of the Grantor, for the purpose of
exercising and enjoying the rights granted by this easement and any or all of the rights
granted hereunder.
Agenda Item No. 1681
July 26, 2005
Page 39 of 47
)
Grantor reserves the right and privilege to use the above-described right-of-way for all
purposes except any use that interferes with or is inconsistent with the use, occupation,
maintenance or enjoyment granted herein, or any uses that cause a hazardous condition;
provided, however, and by the execution and delivery hereof Grantor so expressly agrees
that no portion of the right-of-way shall be excavated, altered, obstructed, improved,
surfaced or paved without the prior written permission of the Grantee, or its successors or
assigns, which permission shall not be unreasonably withheld, and no building. well,
inigation system, or obstruction shall be located, constructed, maintained or operated
over, under, upon or across said right-of-way by the Grantor, or the heirs, personal
representatives, successors or assigns of Grantor.
Grantee hereby releases and holds the County hannless from all liabilities, claims,
damages, costs, actions, injury and attorney's fees, asserted by third parties, relating to or
arising from Grantee's use of this easement. Grantee also agrees to restore, repair, or
replace any damage or loss to Grantor's adjoining lands caused by Grantee, its agents,
assigns. contractors, or employees, during or arising from the exercise of the maintenance
and access rights granted herein.
By the execution hereof, Grantor covenants that it has the right to convey this easement
and that the Grantee and its successors and assigns shall have quiet and peaceful
possession, use and enjoyment of this easement and the rights granted hereby.
IN WITNESS WHEREOF, the Grantor has executed this Agreement this
day of ,2005
ATTEST:h
DWIGHT E, BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
, Deputy Clerk
Fred W. Coyle, Chairman
Agenda Item No. 1681
July 26, 2005
Page 40 of 47
FLORIDA POWER AND LIGHf COMPANY
BY:
TITLE:
County of
State of
Before me this date appeared , the of
Florida Power and Light Company who signed this Easement of his own free will and
accord this day of , 2005,
,,~-
Notary Public
Approved as to form and legal sufficiency:
Ellen T. Chadwell. Assistant County Attorney
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Agenda Item No. 1681
July 26, 2005
Page 43 of 47
)
EASEMENT
(Corporate, Collier County)
~;'l
KNOW ALL :MEN BY THESE PRESENTS that Collier
County, a political subdivision of the State of Florida, 3301
Tamiami Trail, E., Naples, FL 34112 of the County of Collier and
State of Florida in consideration of the sum of One Dollar and No
Cents ($1.00) and other valuable considerations, receipt of which is
hereby acknowledged, does hereby grant to the FLORIDA POWER &
LIGHT COMPANY, a corporation organized and existing under the
laws of the State of Florida, whose address is P.O. Box 14000, Juno
Beach, Florida 33408-0420, and to its successors and assigns (the term "assigns"
meaning any person, firm or corporation owning by way of assignment all rights or a
portion of such rights with the Grantee or its other assigns retaining and exercising the
other rights), an easement forever for a right-of- way, 15 feet in width, to be used for the
construction, operation and maintenance of one or more overhead and underground
electric transmission and distribution lines, including but not limited to, wires, poles, "H"
frame structures, towers, cables, conduits, anchors, guys, roads, trails and equipment
associated therewith, attachments and appurtenant equipment for communication
purposes and one or more pipelines, and appurtenant equipment for the transmission of
substances of any kind (all of the foregoing hereinafter referred to as "facilities"), over,
under, in, on, upon and across the lands of the Grantor situated in the County of Collier
and the State of Florida and being more particularly described as follows:
See Exhibit "A" attached hereto and made a part hereof
together with the right and privilege from time to time to reconstruct, inspect, alter,
improve, enlarge, add to, change the voltage, as well as the nature or physical
characteristics of, replace, remove or relocate such facilities or any part of them upon,
across, over or under the above-described right-of-way with all rights and privileges
necessary or convenient for the full enjoyment or the use thereof for the herein described
purposes, including, but not limited to, the right to cut and keep clear all trees and
undergrowth and other obstructions within said right-of-way and on lands of Grantor
adjoining said right-of-way that may interfere with the proper construction, operation and
maintenance of such facilities or any part of them, the right to mark the location of any
underground facilities by above ground and other suitable markers and the right of
ingress and egress for personnel and equipment of Grantee, its contractors, agents,
successors or assigns over the adjoining lands of the Grantor, for the purpose of
exercising and enjoying the rights granted by this easement and any or all of the rights
granted hereunder.
Agenda Item No. 1681
July 26, 2005
Page 44 of 47
Grantor reserves the right and privilege to use the above-described right-of-way for all
purposes except any use that interferes with or is inconsistent with the use. occupation,
maintenance or enjoyment granted herein, or any uses that cause a hazardous condition;
provided, however, and by the execution and delivery hereof Grantor so expressly agrees
that no portion of the right-of-way shall be excavated, altered, obstructed, improved.
surfaced or paved without the prior written permission of the Grantee, or its successors or
assigns, which permission shall not be unreasonably withheld, and no building, well,
irrigation system, or obstruction shall be located, constructed, maintained or operated
over, under, upon or across said right-of-way by the Grantor, or the heirs, personal
representatives, successors or assigns of Grantor.
Grantee hereby releases and holds the County harmless from all liabilities, claims,
damages, costs, actions, injury and attorney's fees. asserted by third parties, relating to or
arising from Grantee's use of this easement. Grantee also agrees to restore, repair, or
replace any damage or loss to Grantor's adjoining lands caused by Grantee, its agents,
assigns, contractors, or employees, during or arising from the exercise of the maintenance
and access rights granted herein,
-
By the execution hereof, Grantor covenants that it has the right to convey this easement
and that the Grantee and its successors and assigns shall have quiet and peaceful
possession, use and enjoyment of this easement and the rights granted hereby.
IN WITNESS WHEREOF, the Grantor has ex:ecuted this Agreement this
day of ,2005
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
, Deputy Clerk
Fred W, Coyle, Chainnan
Agenda Item No. 1681
July 26, 2005
Page 45 of 47
FLORIDA POWER AND UGRT COMPANY
BY:
TITLE:
County of
State of
Before me this date appeared , the of
Florida Power and Light Company who signed this Easement of his own free will and
accord this day of ,2005.
Notary Public
Approved as to form and legal sufficiency:
Ellen T. Chadwell, Assistant County Attorney
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Agenda Item No. 1682
July 26, 2005
Page 1 of 5
,-
EXECUTfVESU~Y
Recommendadon to adopt a resoludon authorizing the transfer of property from the
Florida Department of Transportadon to Comer County for public purpose. Estimated
fiscal impact: $27.00.
OBJECTIVE: To adopt a resolution authorizing the transfer of a fee simple interest by Quitclaim
Deed from the Florida Department of Transportation to Collier County.
CONSIDERATIONS: The Florida Department of Transportation (FOOT) contacted Collier
County intending to dispose of a parcel of surplus land. The parcel of land is designated as FOOT
Parcel #139, FM #1953651, and See/Job #03010-2554. It is located along US 41 at the intersection
of Airport-Pulling Road and Tamiami Trail East (see location map attached to Resolution). FOOT
has completed their internal checks, and is willing to transfer the property to Collier County.
Collier County Transportation Services Division is interested in acquiring the surplus parcel for
several uses.
In the immediate future, Traffic Operations would use the frontage along US 41 to place
camera poles at the intersection. Several existing signal poles are extremely close to the right of
way line. With additional right of way at this intersection, Traffic Operations would be able to fix
and/or better align those existing signal poles,
J..........
The Alternative Transportation Modes Department runs the Collier Area Transit (CAT) Bus
System. One of their CAT bus routes passes directly in front of the Airport-Pulling Road / US 41
intersection. Ahernative Transportation Modes is interested in the site so they can establish a
covered bus stop at the location. This would increase the availability of the CAT buses to citizens
of Collier County, as well as provide a safer and more easily accessible bus stop location for the
public.
Transportation Engineering and Construction Management would like the property to
increase road capacity and intersection improvements along Tamiami Trail East, Airport-Pulling
Rd. and Peters Ave. In addition, from a traffic and roadway capacity standpoint, it is important to
prevent a future driveway connection at this location, which would create difficulty in maintaining a
safe intersection.
It is staff's recommendation that the Board of County Commissioners acquire the parcel
specified in the attached Resolution and accept maintenance responsibility for the property after it is
transferred.
FISCAL IMPACT: It will cost $27.00 to record the quitclaim deed in the Public Records of
Collier County after it is executed. The cost of recording, as well as routine maintenance of the
parce~ will be from the Transportation Supported Gas Tax fund, Source of funds are gas taxes,
GROWTH MANAGEMENT IMP ACT: Acquisition of the property authorized by the attached
Resolution is designed to enhance public safety as the general public uses existing roads and
,-- services. Thus, the recommendation is consistent with Collier County's long range planning efforts.
Agenda Item No. 1682
July 26, 2005
Page 2 of 5
RECOMMENDATION: That the Board of County Commissioners of Collier C01Dlty, Florida:
1. Adopt the attached Resolution;
2. Authorize its Chairman to execute same on behalf of the Board; and
3. Authorize any budget amendments that may be necessary to implement the collective will of the
Board as evidenced by the adoption of the attached Resolution and the approval of this
Executive Summary.
Prepared by: Lorraine Lantz, ROW Coordinator, TECM
Attachment: Resolution with Location Map attachment
.-
Itlm Number
Item Summlry
MeetIng Oala
Agenda Item No, 1613.2
July 26. 2005
Page 3 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1682
Recommendation to adopt a relolutron authorizing Ihe transfer of property rrom the Florida
Department of Tranlportation to Collier County for pUblic purpose. Estimated fiscal implct'
$27.00,
7/26/2005900.00 AM
Prepared By
1111200510:30:01 AM
Lorrnlnl!l Lantz
Transportation Servlce5
Date
Right Ot Way Coordin"'lot
TEeM.ROW
0....
Approved By
KeYin Hrnldrlcks
Tran&porbltlon Service..
Rl9ht Of WilY AcqulllHlon Manager
Trantipotbtion Engineering and
CoostruL1km
7/1/2005 10:~' AM
Oot.
Approved By
Robert 'VII, Tipton. P.E.
Transportntion Service,'$.
Tr.ni~ OJ)eratlons Dtrector
Tral'tic Optttoiiona
7111200612:&8 PM
Date
Approved By
NDrm E. Feder, AICP
Tnansporttiion Services
Tl'1Inllportl:tloo Division Administrator
Tr.ntport.tlon Servien Admin.
11112006 2:01 PM
Date
Approved By
Shar<1II Nowrnan
Transportation Service.
A,r,nuntino Surltuvitl()t
Tr8nGport.tion Admlnilitratioll
711/2005 ~:42 PM
Date
Approved By
Eugr!'nr!' Colvert
TranAport.tlon& Service,
PrinCIpal Projec1 Maneller
Trlllu.pDrtation EnfJlnttfl't'inn and
Conatnu:tlcm Managflnlun1
7/1/20053:00 PM
Dot.
Approved By
Donald L. Scott
Transportation Servl<;es.
Tranaporhtian Planning Dir.ctor
Transportation Planning
7/1/20053:12 PM
0.,'0
Approved By
Djane 8. Flagg
Trana-portation Services
Director-I)f Atcem41ivll r':ln..pol'tJttlon
Modes ArM Dlredor
Alternative Transportation Modes
1/6/2005 10:21 AM
Oat.
Approved By
Lisa T Iylor
Transportation Services
M.lhagementf8ud9at An..IY.Jt
Tl1Insportlltian Administration
7/1/20060:18 AM
DatII'
Approved By
Pat Lahrlhntd
l'r.nsportlltion ,_.,vi,;.,
t:Jcocutlve Secrvtary
Tr.n9portlltit)1I Servlf:(I$ Admin
711/~QOI ~:36 PM
0.".
Approved By
OMS CoordinatDr
County Manager's ottlce
Administrative Anlatlnt
Otflce of MIIIlOVG1nlllnt & Budget
71el~006 3:110 PM
Oat.
Approvod By
Su..all Us.her
County Manag.rs efric:."
Senior ManlgementfBudlJet Anllllyst
Otfic.e ot Man80""ent & Budget
7113/2006'2:~1 PM
Oa1e
Approved By
J.mft. V. Muehl
Board of County
COmmtlliiollers
Count.y U.nalJlllr
County MAnager'. otftee
7/11/20052:25 PM
Agenda Item No. 16B2
July 26, 2005
Page 4 of 5
RESOLUTION NO.: ZOOS -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, REQUESTING THE FLORIDA
DEPARTMENT OF TRANSPORTATION TRANSFER PROPERTY TO
COLLIER COUNTY.
WHEREAS, the Florida Department of Transportation bas determined certain
property described as Parcel# 139, FM# 1953651, See/lob# 03010-2554 (see location1118p
attached as Exhibit "A') to be surplus, and in accordance with ~ 337.25 (4)(1) Fla. Stat., may
convey said property without consideration to Collier County; and
WHEREAS, the Board of County Commissioners of Collier County, Florida, has
concluded that it is in the best interest of the citizens of Collier County for the County to
take possession and control of said property from the State of Florida, Department of
Transportation; and
WHEREAS, this property is to be conveyed for Public Purpose to the Collier County
Transportation Services Division for uses including but not limited to:
1. Fixing existing signal pole alignment and installing camera poles at the
intersection along US 41 ;
2. Establishing a covered bus stop at the location; and
3. Intersection and road widening improvements to increase road capacity
along Tamiami Trail, Airport-Pulling Rd. and Peters Ave.
NOW, THEREFORE BE IT RESOLVED that theBoard of County Commissioners
ofConier County, Florida, does hereby request the Florida Department of Transportation to
Quitclaim unto Collier County all right, title and interest in and to that certain property
depicted on Exhibit "An, and identified by Folio # 30480040003.
THIS RESOLUTION DULY ADOPTED on this
2005, after motion, second and majority vote.
day of
ATIBST:
DWIGHT E. BROCK, CLERK.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAIRMAN
Approved as to fonn and
.Zufficiency: ~
Z fY (.:L...& J-r.A.-
Ellen Chadwell
Assistant County Attorney
Agenda Item No. 1682
July 26, 2005
Page 5 of 5
Location Map
EXHmIT "A"
Page 1 of1
FOOT Surplus Parcel designated as:
FOOTParcel# 139
FM # 1953651
See/Job # 03010.2554
PM Log # 04-94
Folio #: 30480040003
Section: 11
Township: 50
Range: 25
Acres: 0.47
Address: 3260Tamialni Trail, East
Agenda Item No. 1683
July 26, 2005
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment in the amount of 580,000 for
Engineering CODSulting Services for Stonnwater Improvements within the Palm River
Country Club Lane Area (Project No. 510074).
OBJECTIVE: To receive Board of County Commissioners' approval for a budget amendment
in the amount of S80,000 for the Palm River Country Club Lane Area Drainage Improvement
Project (Project No. 510074).
CONSIDERA nONS: For several years the Stonnwater Management Section of the
Transportation Services Division and Road Maintenance Department has received drainage
complaints in the Palm River Subdivision. The subdivision was created in the 1960's. Drainage
easements and maintenance responsibilities were dedicated to Collier County in the late 1970's.
The original drainage system utilized corrugated metal pipes whose life span has been exceeded
The subdivision is experiencing culvert failures and seasonal flooding due to the inadequate,
aged drainage system.
-
Recently the Stonnwater Department has received numerous flooding complaints from residents
both within and surrounding Country Club Lane, Country Club Drive and Juli Fe Drive. This
area consists of five cul-de-sacs that have been experiencing poor drainage for many years. The
proposed drainage improvement project intends to address this problem by designing a system of
new catch basins and drainage pipes that will drain into the existing ponds serving La Playa Golf
Course.
This project is approved in Stonnwater's FY06 work plan and budget. In order to accelerate the
project schedule a budget amendment is necessary to commence design and survey work.
FISCAL IMPACT: A budget amendment in the amount ofS80,000 is needed to transfer funds
from the Gordon River Master Plan Project 5 I 0052 and appropriate within the Palm River
County Club Project 510074.
The source of funding is ad valorem taxes.
GROWTH MANAGEMENT IMPACT: 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.
RECOMMENDA nON: That the Board of County Commissioners:
(I) Approve the necessary budget amendment.
PREPARED BY: I:>ereck Moorley, Project Manager, Transportation Services Division,
Stonnwater Management Department.
.,.".-.....,
Attachments: (I) Scope of Services; (2) Estimated Budget.
Agenda Item No, 1683
July 26, 2005
Page 2 ot e
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Itam Number
Itam Summary
16B3
Recommendation to appro\le a budget amendment in the amount of $80,000.00 for
Engineering Consulting SeNi~s for Stormwater Improvements within the Palm Rlller
Country Club Lane Area (Projact No, 51007"').
'712612005 9:00.00 AM
Maetlng Date
Appro..d By
D..,.ck Mooney Projact Manager Oat.
Tran&porbllon Sllirvicca Slormwatet Management 613012005 4:28 PM
Appro..d By
Rjc~rd() ValufI Director 0.,.
Tren8porUttion Services Stormw8ter M.neQlement 613012005 4:U PM
Appr...d By
Nonn E. Feder. AICP Transportation Division Admlniltratcr Oat.
TralUlf)Ortu1ilUl Servi(:o$ Trans.portation SUl'II'icII!s Adm'n. 7/1/2005 1:68 PM
Appro..d By
Sharon Newman Accounting Supervl&or Dot.
Transportation S.rviu. Tran$lpOl1atiOl'l Adminilitration 711120063:37 PM
Appr...d By
Rhonda Remb.rt Contr.et Specialist D.te
Admllll,If/lUVII' Service.' Purclmving 711120054:07 PM
Approv.d By
Gloria Harrera Man_oemont/Budgllf An.lyst Date
Tranaport.tlon Services Tr.nsportation Of)t'mtion. 71&120058:36 AM
Appro..d By
StUVG C,unell Put'Ct!,uingJGener;d SVCtl Di'lIIetor Onto
Admlnistretlve Sarvlces Purch..ing 71&1200& 3:08 PM
Appro.ed By
Gerald Kurtz Senior Englnur 0...
Trnnuportutloll Sorvl(:as 8tormwIlter Monagemllnt 71712005 ':&8 AM
Appro..d By
Pat Lehnhard Ex.cullvv S9c:retllty Date
Transportation Services Tran..port.1llon BllirYlu. Admin 7111120088:28 AM
Approved By
OMS CQQrdlnulor Adrni"il~1n1tiv.. A..!&lstunt Dgate
County Menager's Office Office of Man.geme"t & Budgtlt 71111200611:12 AM
Appro..d By
SUll1n Us;her Senior M.m.gem.l~tJ8udget AnalYAt Dllte
County Manager', Of11ee Office of Manavement & Budget 7112120064:4& PM
App,....d By
Ja"'IliA V. Mudd County M.anOllg.r Oat.
Board ot County Coonty ManaGer', Offlee 71141200811:47 AM
Commisloicmlll,..
Agenda Item No. 1683
July 26, 2005
Page 3 of 8
SCOPE OF SERVICES
COLLIER COUNTY
STORMWATER IMPROVEMENTS FOR
Palm River Estates Unit No.8
PBS&J provide design; permitting; assist with bidding; and provide services during
construction for stormwater improvements for Palm River Estates Unit No.8.
The following tasks will be performed to provide a design and support services for this
project
Task k Preliminary Work and Data Collection:
PBS&J will review existing as-built, record, and GIS information for the project. PBS&J
will meet with County CAD technicians and other representatives to review available
electronic information for the project. PBS&J will meet with the design team and County
representatives to discuss the existing conditions, develop a project schedule, and
determine required improvements. PBS&J will discuss with County representatives the
proposed typical sections for the project. Additionally, PBS&J will visually inspect each
manhole and drainage structure located within the project limits to confirm pipe sizes
and the condition of existing structures that are listed in the County's documentation.
Task B: Surveying and Mapping Services:
PBS&J shall contract with a Certified Surveying and Mapping Company to provide
survey services consisting of locating existing horizontal and vertical control (GPS
Localization) for entire project site. All vertical data shall be referenced to the North
American Vertical Datum 1988 (NAVD '88) and the conversion provided for the 1929
NGVD.
The survey limits shall indude: the County right~-way for Juli Fe Drive beginning at the
north end of the cul-de-sac and tying into the golf course pond.
Scope of Survey Services:
1. Topography survey at 100.foot intervals and at major ground elevation changes to
depict existing ground profile at proposed project area. All topographical surveys
shall have stationing established from south to north and west to east where
applicable. This shall be accomplished by creating a baseline in the field to collect
pertinent data, which shall indude the following:
a) Location of all visible fixed improvements within the right-of-way (including 10-
feet back on each side of the right-of-way) of the project limits, including physical
objects. roadway pavement, driveways, sidewalks, curb, trees, signs, fences.
power poles, buildings, and other encumbrances, including point of curvature and
point of tangency.
b) Location of all known above and below ground existing utilities: Street lights,
FP&L, BellSouth, Cable TV, Natural Gas, Potable Water (pipe diameter, TOP,
valves, fire hydrants, and meters), Force Mains (pipe diameter, TOP, and
valves), Sanitary Sewer (pipe diameter. manhole inverts and direction, catch
Page 1 d4
PBS&J
Agenda Item No. 1683
July 26,2005
Page 4 of 8
basins, and rim/grate elevations). and all other accessible structures. This will
include coordination with Sunshine through PBS&J.
c) Identify platted rights-of-way (including bearing and distances for centertine), lot
numbers, house address, ownership lines, block numbers and dedicated
easements according to record plats.
d) Elevations shall be indicated every 50-feet, at a minimum, to indicate centertine
grades, edge of pavement grades and shoulder grades, low points and all right-
of-way lines. Intermediate grades shall be indicated at all grade breaks,
driveways and sidewalks. Two grades (one at the right-of-way line and one 10
feet back) shall be indicated on the driveways to indicate direction of grade.
e) Provide and reference benchmarks at maximum 600-foot intervals. Elevations to
be referenced to an existing established County Benchmark.
f) All survey work shall be preformed under the direct supervision of a Professional
Surveyor and Mapper licensed to work in the State of Florida. All work is to be
performed in a manner pursuant to Chapter 172 and Chapter 472 ofthe Florida
statutes, and Chapter 61G17 ofthe Florida Administrative Code.
g) PBS&J shall obtain and provide to the County;
· Copies of all survey field notes
· A list of all geodetic control points utilized in the completion of the
survey
· An electronic point file of all points in ".txt" ( Point Number, Northing,
Easting, Elevation, Description) comma delimited format. in both local
ground coordinates and State Plane coordinates (Florida East
Projection, North American Datum 1983) in U.S. Survey feet, with
explanations of any abbreviations used in point descriptions,
Task C: Geotechnical Investigations:
PBS&J will contract with geotechnical engineering firm to perform subsurface
explorations and geotechnical studies for the project. These explorations will include the
performance ofthe following:
· One solid stem auger boring to a depth of 20' for every 300' of proposed
stormwater improvement alignment.
· One SFWMD exfiltration tests.
· One Standard Penetration Test (SPT) boring to a depth of 35' at the
proposed location of a pollutant control device (if required).
Task D: Environmental Investigations:
PBS&J will delineate the wetlands and potential impacts for the project. This
assessment will be prepared to present an opinion conceming any obvious indications of
wetland impacts that, if present, may indicate the need mitigation.
Pege2rl4
PBS&J
Agenda Item No. 1683
July 26, 2005
Page 5 of 8
Task E: Utility Coordination:
PBS&J will coordinate the improvements with existing utility owners in the vicinity in
order to reduce the likelihood of conflicts with the proposed improvements. Existing
underground utility information will be obtained from utility red-line markups of the
preliminary plans.
Task F: Pre-Applications Meetings:
PBS&J will schedule and attend a pre.application meeting with the South Florida Water
Management District to discuss the proposed project. PBS&J will prepare meeting
minutes for the meeting.
Task G: Drainage Design:
PBS&J will perform hydraulic calculations to determine the proposed drainage pipe
sizes within the project. The sizes will be determined after coordination with the County
for the proposed level of service for the roadways. Proposed pipe sizes, structure size
and locations, and control structure design will be determined. This information will be
detailed in hydraulic calculations and shown in the construction plans.
Task H: Construction Plan Preparation:
PBS&J will prepare construction plans the project. Any changes to the approved typical
section or design requirements may result in additional fees for redesign of the project.
We anticipate that the construction plans will consist of the following:
. Cover Sheet
. Key Sheet
. General Notes
. Summary of Quantities
. Typical Section(s)
. Drainage Details
As this project is on an accelerated schedule PBS&J anticipates a submittal to County
Staff at the 90% stage. PBS&J will incorporate any comments from each individual
phase submittal into the construction plans. PBS&J will then proceed with preparation
of 100% Final signed and sealed plans for construction.
Task I: South Florida Water Management District (SFWMD) Permitting:
PBS&J will prepare a permit application for an Environmental Resource Permit for the
proposed drainage improvements for the project. Additionally, PBS&J will respond to
requests for additional information (RAI) for the application. This scope anticipates that
there are no environmental or seagrass issues.
Task J: Detailed Cost Estimates:
Page 3 d 4 PBS&J
Agenda Item No. 1683
July 26, 2005
Page 6 of 8
PBS&J will provide a cost estimate for the project. The cost estimates will include
anticipated pay items as well as estimated quantities.
Task K: Specifications:
PBS&J will prepare final Specifications (including Special Provisions) for the project.
The specifications will be project specific and adhere to County standards. The County
shall provide the "front-end" documents for the Specifications.
Task L: Bidding Assistance:
PBS&J services under this section shall include:
· Provide project specific information for the Invitation to Bid, Instructions to Bidders,
Contract Agreement, Supplementary Conditions and Bid Form.
· Attend one (1) pre-bid conference; for which PBS&J will prepare meeting minutes,
document and reply to questions and prepare one (1) addenda to the Contract
Documents,
· Attend one (1) bid opening and prepere bid tabulations.
Page4of4
PBS&J
Agenda Item No. 1683
July 26, 2005
Page 7 of 8
Palm River EItateI Vult No.8 Project
I. Labor
A. PHS,w Labor PBS&1 Conll:Illt Labor Mul1ip1ier- 1.00
Tuk pBS&J Raw Labor RaIlla and HourI PBS&:J
PD SPE En ssn sm SAn
No. Dclcription Total Colt
5150,00 5108.00 $85.00 5124.00 585.00 $66.00
1 Palm River Eatalal Unit No. 8 IlllJIIOVllIDC'ItI
A Prelim Worlc &. Data Collection 4 8 24 4 4 0 44 $4,340.00
B Survey &. Mappinll 4 8 2 2 0 0 16 51,882.00
C Geotecbnical 2 8 2 0 0 0 12 51,334.00
D BnvironmentlI1 InvaltigatiODB 1 2 2 24 4 0 33 53,8S2.00
E Utility Coordination 4 2 16 4 0 26 $2,516.00
F Pre-App Meeting 4 4 4 1 13 $1.594.00
G Drainage Design 8 12 40 1 61 55,962.00
H Construction PIIIl Preparation 16 24 60 8 72 2 182 517,336.00
I Permitting 2 8 16 16 8 2 52 $5,320.00
J Cost Estim8tiDg 4 8 16 2 30 $2,956.00
K SpecificatiOlll 3 8 16 1 4 32 53.062.00
L Bid AssistllDCC 4 8 4 1 17 51.870.00
0 50.00
0 50.00
0 50.00
Subtotal 56 100 198 59 92 13 518 552,024.00
.0 ConatnICtion MlnapmeDt - To Be Dcrtermincd
2.1 0 0 50.00
2.2 0 0 50.00
2.3 0 0 $0.00
2.4 0 0 $0.00
2.5 0 0 $0.00
2.6 0 $0.00
Subtotal 0 0 0 0 0 0 0 $0.00
Total Labor 56 100 198 59 92 13 518 $52,024
II. ExpeDHI
(_ Section IV fur !lJ<pcmac Dctaila)
Subccmlul1lDb Total
Colt
1. SurvcyinJ $16,500.00
~. Gcotocbnical Scrvi_ 56,500.00
3. $0.00
k. 50.00
5. 50.00
6. 50.00
7. $0.00
8. Totalllmenlc $23,000.00
ExpClllC Item Total
Colt
1. Material $0.00
Rcprodw:tion . Plana 5187.50
Reproduction - PholOcopica $20.00
MilcelllDCOUl 5945.00
Shipping $40.00
. Telephone $0.00
. emm,uter TUDCl $0.00
8. Total muClllC 51,192.50
m. Project Total
Item Budaet
IA. Labor
1. PBS&J $52,024.00
2. Subcoosultmt $23.000.00
3. Total $75,024.00
lB. ExpIDca 51,192.50
k:. Grand Total 576,216.50
Agenda.BCCAGENDA. 142021Summary
6/2712005
Agenda Item No. 1683
July 26, 2005
Page 8 of 8
TMDL DATA ANALYSIS
IV. Detailed PBS&J Expense Budget
Item Quantity Unit Unit Total
Cost Cost
1. Material
a) Mylar (24" x 36") 0 Sheet $5.00 $0.00
b) Vellum (24" x 36") 0 Sheet $3.50 $0.00
c) Dry Mount (24" x 36") 0 Board $24.00 $0.00
d) Dry Mount (36" x 42") 0 Board $34.00 $0.00
e) Total $0.00
2. Reproduction - Plans
a) Blueline (24" x 36") 0 Sheet $0.24 $0.00
b) Xerox Bond Print (24" x 36") 150 Sheet $1.20 $180.00
c) Paper Sepias (24" x 36") 0 Sheet $2.50 $0.00
d) Mylar Sepias (24" x 36") 0 Sheet $5.00 $0.00
e) 11"x17"BIW 50 Sheet $0.15 $7.50
f) Total $187.50
3. ReproductIon - Photocopies 0
a) 8-1/2" x 11" 81W 100 Sheet $0.05 $5.00
b) 8-1/2" x 11" Color 0 Sheet $1.00 $0.00
c) 11"x17"Color 0 Sheet $2.00 $0.00
d) 11" x 17" BIW 100 Sheet $0.15 $15.00
e) Total $20.00
4. Miscellaneous
a) 3 - Ring Binders 10 Each $4.50 $45.00
b) Travel 6 Each $150.00 $900.00
c) "Soft-Dig" Locates 0 Each $250.00 $0.00
d) Electronic Sweep 0 LS $300.00 $0.00
e) Total $945.00
5. Shipping
a) Certified, Return Receipt 0 Piece $2.98 $0.00
b) General Mail 4 Month $10.00 $40.00
c) Courier 0 Month $15.00 $0.00
d) Total $40.00
6. Telephone
a) Telephone 0 Month $10.00 $0.00
b) Fax 0 Month $12.00 $0.00
c) Total $0.00
7. Computer Time
a) CADD 0 Hour $17.36 $0.00
b) Model 0 Hour $15.00 $0.00
c) Total $0.00
a. Total Expenses .' $1,192.50
Agenda.8CCAGENDA.14202/Expense_Detail
6/2712005
Agenda Item No. 1684
July 26, 2005
Page 1 of 14
EXECUTfVESU~Y
Recommendation to approve three (3) Adopt-A-Road Program Agreements with (2)
new roadway recognition signs at a total cost of $150.00. The other signs already
exist.
OBJECTIVE: To approve for execution by the Board of County Commissioners, three
(3) Adopt-A-Road Agreements signed by the participating volunteer groups.
CONSIDERA nONS: That the volunteer groups so named be recognized as the
sponsor of the particular segment of roadway named in the Agreement to perform 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 $75.00. Staff
expects to install (2) new signs at a total cost ofSI50.00. Remaining signage will come
from existing inventory. Program expenses are budgeted in the Transportation Services
Fund 101.
RECOMMENDATION: That the Board of County Commissioners recognizes the
volunteer groups: Liz Appling - Florida Home Realty, Arlene's At Your Service and
Palmetto Ridge High School JR.oTC.
Prepared by: Margaret A. Ramos, Administrative Secretary, Road & Bridge Maintenance
Department
Attachments: Agreements (3)
"-.....,
Agenda Item No. I~B4
July 26, 2005
Page 2 or 14
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
I.m Number
I.m Summlry
1684
Recommendation to approve Aaopt.A.Road Agreements three (3) fOf the following:
Arlene'. At Your Service, Uz Appling-Florida Home Realty and Pafmelto Ridge High
School JRDTC.
'1126120009:00.00 AM
Mlltlng Dill
Approved By
Shrlron Newman Accountin9 Supervisor Oat.
Tr.lnspor1.aUon SGrviccs Transpon.tlon AdmtnlAtraUon 71512006.:51 AM
Appro.ed By
Nonn E. F~ldnr. AlCP Tl1IInlt.po,tntion Dlviftion Admlllla',rator Onto
Transportation Services Tran$portlltlDn Servlc:.. Admin. 7rT12006 10:62 AM
Appro.ed By
Jeff KI.tzkow Anlstant County Attorney Dat.
County Attnmuv Countv Attorney Office 717/20061 :41 PM
Apprond By
Rookmin Nauth AccountinG Teehnlcian Oat.
Trans.portation Services T~n6port.tion AdmlniJ.tl1lltlon 7/812008.:26 AM
Approved By
John Vlilft Roads Maintenance Superintendant D.t.
rran~portaliQn Servjcliu Road MQlntenance 7I11/20U5 B:42 AM
Approved By
P.t L.hnh.rd Executive Secretary Oa,.
Transportation Servlui Transportetlon Services Admin 7111120959:14 AM
Approved By
OMS Cl)l)l'dinotor Adfnln'strllflv8' Anista....! Ollt.
County M_nager'1I Office Offh::e of Menll9enlent & Budget 7/111200511:10 AM
Approved By
Mark luc.kson Budgllt Analyst Oat.
County MOll9gef's Offir.f1 Offhm of Managemont If, Budget 7112/200812:09 PM
Approved By
Michael Smykowski Management & Budget Director Dat.
COLlnty Monave""s Orrt~ ONic.u of Men.gemont & Budoet 7112120084:02 PM
Approved By
Jamu V. Mudd County Malluger O.,to
Bo.rd of County
Con1mlssloner$ County MlInllger'. Offlc:e 7/13/20054:31 PM
Agenda Item No. 16B4
July 26, 2005
Page 3 of 14
~ COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT
Terms and Conditions
THIS COLLIER COUNTY ADOPT -A-ROAD AGREEMENT entered into this _ day
of , 20-, by and between Collier County (hereinafter the "COUNTY")~ and the
volunteer group, Arlene's At Your Service - Arlene Ponack (hereinafter the "GROUP"),
whose address is 9640 Victoria Lane #208, Naples, Florida 34109.
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 Immokalee Road from Goodlette Frank Road to Airport Pulling 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. 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 hannless agreement provided by the COUNTY, and attend a
Agenda Item No. 1684
July 26,2005
Page 4 of 14
safety meeting conducted by the GROUP before participating in a cleanup activity pmsUSDt 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 boutS 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'spennission,
be retained by the GROUP during the term of this Agreement.
2
-
Agenda Item No. 1684
July 26, 2005
Page 5 of 14
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, 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 harmless 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 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
July 26, 2005
Page 6 of 14
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
Deputy Clerk
By:
Fred W. Coyle, Chairman
GROUP Arlene's At Your Service - Arlene
Ponack
By: L.Lli-1t~ ~/l-<i' Al f:
Name(print : /fv-I E' <Yl e.. P?o i'/ q Ot.
Title (print): ~L '> VlQ ......'
Phone # (day): ~ 0.1 - -1 ~ 1I ff.
Phone # (night): 6 ~ 't -I r;;;"~
Approved as to form and legal sufficiency:
Jeffiey A. Klatzkow
Assistant County Attorney
4
Agenda item No. 1684
July 26, 2005
Page 7 of 14
COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREE?\ffiNT
..;IL
THIS COLLIER COUNTY ADOPT -A-ROAD AGREEMENT entered into thisc:.c'~ day
o~ 20o.('"by and between Collier County (hereinafter the "COUNTY"). and the
vOlunreJlgrouP. Liz Appling, Florida Home Realty (hereinafter the "GROUP"). whose address
is 977 Hidden Terrace Road, 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 Doua Road from North Road to Radio Road (the" Adopted Roadway''),
acknowledges the hazardous nature of picking up litter, and agrees to the following tenns and
conditions:
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 "inembers.
Participants must sign the hold harmless agreement provided by the COUNTY, and attend a
Agenda Item No. 16B4
July 26, 2005
Page 8 of 14
",-
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.
IS. 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
July 26, 2005
Page 9 of 14
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, 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 terrninAtp. 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 harmless 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 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 from the sole negligence of Collier County, and its officers,
employees or agents.
3
/
Agenda Item No. 1684
July 26, 2005
Page 10 of 14
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.
AITEST:
DWIGHT E. BROCK, Clerk
By:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
Deputy Clerk
By:
Fred W. Coyle, Chairman
GROUP: Liz Ap ling, Florida Home Realty
. t): I-,~
e (print): A-o'-~yft ,","0 V1E ~€.ftLr'"'f~
Phone # (day): ~.39 ~'A"" R ~7:Zo \
Phone # (night): ~~....U \ -,{, ~O '3
r
Approved as to form and legal sufficiency:
Jeffrey A. Klatzkow
Assistant County Attorney
4
-00
Agenda Item No. 1684
July 26, 2005
Page 11 of 14
COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT
Terms and Conditions
THIS COLLIER COUNTY ADOPT -A-ROAD AGREEMENT entered into this J S')day
of T~ 1'7 ' 2~y and between Collier County (hereinafter the "COUNTI"'), and the
volunteer group, Palmetto Ridge High School JROTe (hereinafter the "GROUP"), whose
address is 1655 Victory Lane, Naples, Florida 34120
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 ofweIy
maintaining a litter-free Collier County; and
WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway
known as Oil Well Road from East of Palmetto Ridge High School 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:
I. 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 60 1 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
July 26,2005
Page 12 of 14
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 oftbe 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 flIed with the COUNTY project coordinator.
18. The GROUP is encomaged 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
July 26, 2005
Page 13 of 14
B. THE COUNTY SHALL:
1. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline permining 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. ConstIUct 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, terminable by
either party, with or without cause, on 30 days written notice to the other party. 1bis 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 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 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 from the sole negligence of Collier County. and its officers,
employees or agents.
3
.
.
Agenda !tern No. 1684
July 26, 2005
Page 14 of 14
. E. NO ASSIGNMENT: This Agreement is non-1ransferable and non-assignable in whole or in
part without the prior written consent of Collier County.
1---
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, Chainnan
Deputy Clerk
GROUP: Palmetto Ridge High School JROTC
BY:~k~S;;
N~~t): '" 70 k IV S4~c.k"7
Title (pnnt): S '2#"1,' ,J,,",- AAJ:........, ::;:,..,~"tl"l"".~ r\.-.
Phone # (day): ~? c, ~ 7'1;>'" '-1 Lr <-r
Phone # (night): ~ J,. s-7.;). S-'G.~
Approved as to form and legal sufficiency:
Jeffrey A. IGatzkow
Assistant County Attorney
4
<""':;"'-;'<"'''''?~~
-
Agenda Item No. 1685
July 26, 2005
Page 1 of 12
EXECUTIVE SUMMARY
Recommendation to approve the purchase of right-of-way parcels 114 and 714 which are
required for the expansion of Collier Boulevard project 65061. Total fiscal impact:
$146,587.82.
OBJECTIVE: To approve a Purchase Agreement for the acquisition of two right-of-way
parcels which are required for the construction of the six-laning improvements to Collier
Boulevard (Project No. 65061).
CONSIDERATIONS: Parcels 114 and 714 are located along Collier Boulevard between 3rd
Ave. N.W. and 5th Ave. N.W. Both parcels are required for the construction of the six lane
improvements to Collier Boulevard, which is scheduled to break ground in the near future.
Collier County ordered an independent appraisal from Wilcox Appraisal Services, Inc, (Wilcox)
in late 2004. Based on the Wilcox appraisal dated January 5, 2005, staff made a statutory offer
for full compensation in the amount of $85,700 for parcel 114 and $2,000 for parcel 714. The
property owner hired their own appraiser who concluded that full compensation totaled $186,700
for parcel 114 and $2,000 for parcel 714. The difference between the two appraisal reports was
largely attributed to greater damage estimates and a more costly cure.
After reviewing their appraisal report, recognizing the impact of the take on their guest house,
and taking into consideration the diminished value of the property as well as cost avoidance of
fixing the guest house, staff negotiated with the property owners and reached a mutually
acceptable agreement of $124,726.32. While this aJOOunt reflects a greater severance damage
amount, staff believes the amount is both justifiable and in line with other settlements along the
corridor. It has been agreed with the owners that $124,726.32 will provide full compensation for
the purchase of parcels 114 and 714. In addition to this amount the County will be obligated to
pay statutory legal fees to Policastm & LeRoux, P.A. in the amount of $10,989, and fees to
Cawthra Consulting & Appraisals, Inc. in the amount of $1,185, to Calhoun Collister & Parham,
Inc., appraisers, in the amount of $8,000, and to Mr. Green Thumb Horticulturist in the amount
of$I,687.50.
Staff recommends acceptance and approval of the attached Purchase Agreement in the amount of
$146,587.82, including attorney fees and all expert witness costs.
FISCAL IMPACT: Total expenses are $146,587.82 including all land and severance damages,
attorney and expert witness fees. Source of funds will be gas tax and road impact fees.
GROWTH MANAGEMENT IMPACT: The Collier Boulevard Project 65061 is part of the
County's Capital Improvement Element and is an integral part of Collier County's Growth
Management Plan.
-
Agenda Item No. 1685
July 26, 2005
Page>~of 12
RECOMMENDATIONS: Recommendation that the Board of County Commissioners of
Collier County, Florida:
1. Approve the purchase of Parcels 114 and 714 at the prices specified herein;
2. Approve payments to the property owner's attorney and experts in the amounts specified
herein;
3. Authorize its Chairman to execute both the Purch!:1Se Agreement and the TCE Agreement
(copies of which are attached for review), once they have been executed by the property
owners and approved by the Office of the County Attorney;
4. Authorize staff to close the transaction and record the conveyance instruments in the
public records; and
5. Approve any budget amendments required to implement the collective will of the Board.
Prepared by: Paul F. Young, Property Acquisition Specialist, TECM Right-of-Way
Attachment: Purchase Agreement
TCE Agreement
Item Number
Item Summary
Meeting Date
Approved By
Heidi F, Ashton
County Attorney
Agenda Item No, 1685
July 26, 2005
Page 3 of 12
COLLIER COUNTY
BOARO OF COUNTY COMMISSIONERS
16B5
Recommendation to approve the purchase of right+of-way parcels 114 and 714 which are
required for the expansion 01 Collier Boulevard project 65061 TotalfiscaJ impact
$146.58782
7/26/2005 9:DO.OQ AM
Assistant County Attorney
Date
County Attorney Offic~
717:20054: 23 PM
Date
Approved By
Gury PIJl;UUlSlIlJ
lrnnsporhrtion Services
5~nil)r Pmject Manager
Transportation Engineering and
Construction
1f712006 4:49 PM
Date
Approved By
Eogr.nt! Culvert
Trans.portations Sef\lices
PrinCipal ProjeJ:t Manager
Tr;ms.port.dion Ellgi'll~t'lnij and
ConstfUdj(lfJ Managernellt
7/7/20055:11 PM
Oalt>
Approved By
Lisa Tavlor
Transporlatiotl SiCrvices
Management/Budget Analys.t
Transportation Admini5tration
718/20059:14 AM
Da1t~
Approved By
Norm E, Feder, AICP
Transportation Services
TranspOl1.<ltiull Divisiun Administrator
Transportation Services Admin,
7iS/200S 9:51 AM
Date
Approved By
Kevin H(!:ndricks
Trollll.f)Ortatioll Serv;':e$
Right Of' Way Acquisition ManagiCr
Tmn~portlltion Engilwmlng and
Construction
7/8120052:56 PM
Oatt'
Approved By
Sharon Newman
Trolns.portation Services
Accounting Supervisor
Tr-..msportation Adminis.tration
7i11/200S 9:12 AM
Date
Approved By
Pa1lehnhard
Tran'Sportallon Services
El(ecutive Secretary
lranc,;portatioll Sorvice,. Admin
7/11/20059:16 AM
Date
Approved By
OMS Coordinator
County Manager's Office
Adminj51rative A!>sis13!nt
Office of Managlmlent & Budget
7/11t200511:19 AM
Datf!
Approved By
Susan U."her
County Manager's Office
Senior MuruIgemlmf/Bullgef An.llyst
Office of Management & Budget
7114/200512:42 PM
Date
Approved By
James V. Mudd
anOlnl 01 COlln1y
Cmmni$sioonf'!;
COlml)' Manager
County Man.ager's Offic.e
711512005 5:.4' PM
Agenda Item No. 16B5
July 26. 2005
Page 4 of 12
PROJECT: 65061
PARCEL No(s): 114
FOLIO No(s): a portion of 36667020002
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (hereinafter referred to as the "Agreement") is
made and entered into this _ day of . 2005, by and between
RAYMOND M. SOBEL and TAMMY L SOBEL, husband and wife, whose mailing
address is 13965 Collier Blvd., Naples, FL 34119 (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
"Purchaser").
WHEREAS, Purchaser requires a fee estate in that land described in Exhibit "A"
(hereinafter referred to as the "Property"), which is attached hereto and made a part of
this Agreement; and
WHEREAS, Owner desires to convey the Property to Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the
Property.
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 shall convey the Property to Purchaser for the sum of:
$122,726.32
subject to the apportionment and distribution of proceeds pursuant to
paragraph 8 of this Agreement (said transaction hereinafter referred to as the
"Closing"). Said payment to Owner shall be full compensation for the Property
conveyed, including all landscaping, trees, shrubs, improvements, and fixtures
located thereon, and for any damages resulting to Owner's remaining lands,
and for all other damages in connection with conveyance of said Property to
Purchaser, including business damages, as provided for in Chapter 73, Florida
Statutes. The Owner hereby authorizes Purchaser to make payment to
American Government Services Corporation as settlement agent for the
disbursement of proceeds incident to said sale and conveyance of the Property.
In addition, the Purchaser shall provide funds to the closing agent for payment
of $10,989 to Policastro & LeRoux, P.A., $8,000 to Calhoun Collister &
Parham, Inc., $1,687.50 to Mr. Green Thumb Horticulturist, and $1,185 to
Cawthra Consulting & Appraisals, Inc. It is mutually understood that the
Property is being acquired under the threat of condemnation.
3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions
and/or qualifications encumbering the Property, the execution of such
instruments which will remove or release such encumbrances from the
Property upon their recording in the public records of Collier County, Florida.
Owner shall provide such instruments, properly executed, to Purchaser on or
before the date of Closing.
Purchase Agreement
Agenda Item No. 1685
July 26. 2005
Page 5 of 12
Page 2
4. Both Owner and Purchaser agree that time is of the essence in regard to the
closing, and that therefore Closing shall occur within thirty (30) days from the
date of execution of this Agreement by the Purchaser; provided, however, that
Purchaser shall have the unilateral right to extend the term of this Agreement
pending receipt of such instruments, properly executed, which either remove or
release any and all such liens, encumbrances or qualifications affecting
Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the
County Warrant to Owner and Owner shall deliver the conveyance instrument
to Purchaser in a form acceptable to Purchaser.
5. Owner is aware and understands that the "offer" to purchase represented by
this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
6. Owner represents 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 Purchaser;
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 sold to the
Purchaser, that the Owner has not received notice and otherwise has no
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.
7. Owner shall indemnify, defend, save and hold harmless the Purchaser against
and from, and to reimburse the Purchaser 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 Purchaser by reason or
arising out of the breach of Owner's representation under Section 6. This
provision shall survive Closing and is not deemed satisfied by conveyance of
title.
8. Purchaser shall pay all fees to record any curative instruments required to clear
title, all Warranty Deed recording fees, and any and all costs and/or fees
associated with securing and recording a Release or Subordination of any
mortgage, lien or other encumbrance recorded against the Property; provided,
however, that any apportionment and distribution of the full compensation
amount in Paragraph 2 which may be required by any mortgagee, lien-holder
or other encumbrance-holder for the protection of its security interest or as
consideration for the execution of any release, subordination or satisfaction,
shall be the responsibility of the Owner, and shall be deducted on the Closing
Statement from the compensation payable to the Owner per Paragraph 2.
9. All ad valorem real estate taxes due on the Property during Owner's term of
possession, and all maintenance charges and assessments due from Owner,
for which a bill is rendered prior to closing, will be charged against Owner on
the closing statement.
Purchase Agreement
Agenda Item No. 16B5
July 26, 2005
Page 6 of 12
Page 3
10. 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.
11. If the Owner holds the Property in the form of a partnership, limited partnership,
corporation, trust or any form of representative capacity whatsoever for others,
Owner shall make a" written public disclosure, according to Chapter 286, Florida
Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before the Property held in such capacity is
conveyed to Purchaser, its successors and assigns, (If the corporation is
registered with the Federal Securities Exchange Commission or registered
pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the
general public, it is hereby exempt from the provisions of Chapter 286, Florida
Statutes.)
12. Conveyance of the Property by Owner is contingent upon no other provisions,
conditions, or premises other than those so stated herein; 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.
1 3. This Agreement is governed and construed in accordance with the laws of the
State of Florida,
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
this _ day of , 2005.
Property acquisition approved by BCe pursuant to Resolution No. 2004-182, Agenda
item 1 O(F), dated 5/25/2004.
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
BY:
Fred W. Coyle, Chairman
AS TO OWNER:
DATED:
Witness (Signature)
RAYMOND M. SOBEL
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Purchase Agreement
Agenda Item No. 1685
July 26. 2005
Page 7 of 12
Page 4
Witness (Signature)
TAMMY L. SOBEL
Name (Print or Type)
Witness (Signature)
Name (Print or Type)
Approved as to form and
legal sufficiency:
Heidi Ashton
Assistant County Attorney
<n
(Jl
TRACT _ ___________-8
---------------~~--------- - -
AF ':~1g1~B r!
~ I
o
I Ii I
I ~
<5
EXHIBIT "A v
Page~of-l-
GOLDEN GATE ESTATES
UNIT NO, 2
P.8. 4, PAGE 75
...
... LO
- en
m ... I
(Jl LO a;
0 en () I
L55 ~ Ii ~
d
L
LINE
L55
L56
LINE TABLE
LENGTH
55.00
55.00
LEGAL DESCRIPTION
A portion of the North 1/2 of Tract
113 Golden Gate Estates Unit No.2.
Plat Book 4, Pages 75 and 76,
Collier County, Florida, being more
particularly described os follows:
NOTES:
1. This is not 0 survey.
2. Basis of bearing is the West line of County
Road 951 (C.R. 951) being N 00'28'32" W, Florida
State Plane Coordinates NAn 83/90, East Zone.
Beginning at the Northeast corner of
Tract 113; thsncs S.00"28'32"E.
olong the East line of Tract 113, 0
distance of 165.00 feet to its
Intersection with the South line of
the North 1/2 of Tract 113; thencs
5.89'31 '28"W. along said South Iins,
o distance of 55.00 feet; thence
N.00'2B'32"W., 0 distance of 1 65.00
feet to its intersection with the
North line of Tract 113; thence
N.B9'31'2B"E. along the North line
of Tract 113, a dlstonce of 55.00
feet to the POINT OF BEGINNING.
Containing 9,075.00 square feet or
0.2063 acres, more or less.
3. Subject to easements, reservations and
restrictions or record.
4. Easements shown hereon are per plat, unless
otherwise noted.
5. ROW represents Right-of-Way.
6. P.D.B. represents Point of Beginning.
7. P.D.C. repreeents Point of Commencement.
8. O.R. repreeents Official Records.
9. L.B.E. repreeente Landscape Buffer Easement.
10. U.E. represents Utility Eassment.
3M
1-(7 -()J
(DATE SIGNED)
~ '1
o . ~ ~ -
GRAPHIC SCALE
NOT VALID WITHOUT, THE SIGNATURE AND THE
ORGINAL RAISED SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43
I'KOolECT NO.1 65061 PMCn. NO. : 114
W11".iIIB'.'~W-
__. ~................,.... ~_. ~ GaIMOrII
~hc.
._~"Ill.....:r:.:r.'..:..~'::.w.- --
Sop U, 2003 - 15,11,47 WLAMUflE!X,\SUR\NI01l!\1ll1od100.dwg
COLUER COUNTY DEPARTMENT
OF TRANSPORTATION
SKITCH de DCSCRIPTION
09/200J
PROJECT No.. mE NO.:
N6015-005-00D 2L-812
Agenda Item No. 16B5
July 26, 2005
Page 9 of 12
PROJECT:65061
PARCEL No: 714
FOLIO No: a portion of 36667020002
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT (hereinafter
referred to as the "Agreement") is made and entered into on this _ day of
, 2005, by and between RAYMOND M. SOBEL and TAMMY L.
SOBEL, husband and wife, whose mailing address is 13965 Collier Blvd., Naples, FL
34119, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political
subdivision of the State of Florida, its successors and assigns whose mailing address is
3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as
"Purchaser").
WHEREAS, the Purchaser requires a Temporary Construction Easement
(hereinafter referred to as "TCE") over, under, upon and across the lands described in
Exhibit "A", which is attached hereto and made a part of this Agreement, (hereinafter
referred to as the "Property") for construction of public facilities on adjacent lands; and
WHEREAS, the Owner desires to convey the TCE to the Purchaser for the stated
purposes, on the terms and conditions set forth herein; and
WHEREAS, the Purchaser has agreed to compensate the Owner for the granting
of the TCE over, under, upon, and across the Property.
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 are hereby mutually acknowledged, it is agreed by and between the parties as
follows:
1. All of the above RECITALS are true .and correct and are hereby expressly
incorporated herein by reference as if set forth fully below, and all Exhibits
referenced herein are made a part of this Agreement.
.
2. Owner shall convey the TCE to Purchaser for the sum of $2,000.00 subject to the
apportionment and distribution of proceeds pursuant to paragraph 7 of this
Agreement (said transaction hereinafter referred to as the "Closing"). Said
payment to Owner, payable by County Warrant, shall be full compensation for the
TCE conveyed, including all landscaping, trees, shrubs, improvements, and
fixtures located thereon, and for any damages resulting to Owner's remaining
lands. and for all other damages in connection with conveyance of said TCE to
Purchaser, including all attorneys' fees, expert witness fees and costs as provided
for in Chapter 73, Florida Statutes. The Owner hereby authorizes Purchaser to
make payment to American Government Services Corporation as settlement agent
for the distribution of proceeds incident to this TCE Agreement. It is mutually
understood that the Temporary Construction Easement is being acquired under
the threat of condemnation.
3. Both Owner and Purchaser agree that time is of the essence in regard to the
closing and therefore, said closing shall occur within thirty (30) days of the
execution of the Agreement by Purchaser. At closing, Owner shall deliver a
Temporary Construction Easement to Purchaser in a form acceptable to
Purchaser and Purchaser shall deliver the County Warrant to Owner.
Temporary Construction Easement Agreement
Agenda Item No. 16B5
July 26. :Z005
Page 10 of 12
Page 2
4. Owner is aware of and understands that the "offer" to purchase represented by
this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
5. Owner represents 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 sold to the County, that the
seller has not received notice and otherwise has no 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.
6. Owner hereby agrees that it shall indemnify, defend, save and hold harmless the
County against and from, and to 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 6. This provision shall survive closing
and is not deemed satisfied by conveyance of title.
7. Purchaser shall pay all fees to record any curative instruments required to clear
title, all Warranty Deed recording fees, and any and all costs and/or fees
associated with securing and recording a Release or Subordination of any
mortgage, lien or other encumbrance recorded against the Property; provided,
however, that any apportionment and distribution of the full compensation amount
in Paragraph 2 which may be required by any mortgagee, lien-holder or other
encumbrance-holder for the protection of its security interest or as consideration
for the execution of any release, subordination or satisfaction, shall be the
responsibility of the Owner, and shall be deducted on the Closing Statement from
the compensation payable to the Owner per paragraph 2.
8. Owner agrees to grant the TCE for the purpose of constructing.public facilities in
this area. This TCE shall expire on September 30, 2008. In the event that the
construction of the public facilities has not been completed by September 30,
2008, the Purchaser reserves the right to record in the Public Records of Collier
County a Notice of Time Extension which shall grant a one (1) year time extension
until September 30, 2009, for the completion of said construction. Owner shall be
provided with a copy of the recorded Notice of Time Extension.
9. This Agreement is governed and construed in accordance with the laws of the
State of Florida.
10. 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 trustee, and assignees whenever
the context so requires or admits,
11. Conveyance of the TCE, or any interest in the Property, by the Owner is
contingent upon no other provisions, conditions, or premises other than those so
stated herein; and the 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.
Temporary Construction Easement Agreement
Agenda Item No. 1685
July 26, 2005
p:g~'311 of 12
IN WITNESS WHEREOF, the parties hereto have executed this Temporary
Construction Easement Agreement on this _ day of , 2005.
Dated Project/Acquisition Approved by BCC: Resolution No. 2004-182, Agenda item
10(F), dated 5/25/2004.
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
AS TO OWNER:
DA TED:
WITNESSES:
(Signature)
(Printed Name)
(Signature)
(Printed Name)
(Signature)
(Printed Name)
(Signature)
(Printed Name)
.
Approved as to form and
legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Fred W. Coyle, Chairman
RAYMOND M. SOBEL
TAMMY L. SOBEL
CA"~~y~~ ~,~
Page 12 0 1
I
I ~ I
0
,-.. I 0:: \
~ \ :i.
0
0:: 5
'0
0 ...
.- 10
......., Ol
.... LJ
10
Ol
tJ
I
I \
\
TRACT
@
L1 17
(' 1(
EXHIBIT A
Page-L of....l-
~ !:
en .Jlo.
~~~------------------------------
.--------- - L 1 15
. 113
GOLDEN GATE ESTATES
UNIT NO. 2
P.B. 4, PAGE 75
TRACT
@
LEGAL DESCRIPTION
A portion of the North 1/2 of Tract
113 Golden Gate Estates Unit No.2,
Plot Book 4, Pages 75-76, of the
Public Records of Coll1er County,
Florida, being more particularly
descrlbed as follows:
LINE
L113
L114
L115
L1 16
U17
LINE TABLE
LENGTH
55.00
165.00
5.00
165.00
5.00
NOTES:
Commencing at the Northeast corner
of Tract 113; thence S.B9'31 '26"W.
along the North nne of Trod 113, 0
dist'lnce of 55.00 feet to the POINT
OF BEGINNING; thence S.00'28'32"E., 0
distance of 165.00 feet to its
intersection with the South line of the
North 1/2 of Tract 113; thence
S.B9'31 '2B"W. along sold South line. 0
distance of 5.00 feet; thence
N.00'26'J2"W., 0 dletance of 165.00
feet to Its intersection with the north
line of Tract 113; thence N.69'31'28"E.
along sold North line, a distance of
5.00 feet to the POINT OF BEGINNING.
Containing 625.00 aquare feet or
0,0189 acres, more or les1l.
1. This is not 0 survey.
2. Basis of bearing is ths West line of County
Rood 951 (C.R. 951) being N 00'28'32" W, Florlda
State Plane Coordinates NAD 83/90, East Zone.
3. Subject to easement., reeervatione and
reetrictions or record.
4. Easements shown hereon ore per plot, unless
otherwlu noted.
5. ROW, repreaents Right-of-Way.
6. P.O.B. represents Point of Beginning.
7. P.O.C. represents Point of Commencemont.
8. O.R. representll Official Records.
9. L.B.E. represents Landscape Buffer Easement.
10. U.E. represents Utility Easement.
N
25 eo 100
GRAPHIC SCALE
o;'Cd-3:",,~}i" :< (DATE SIGNED)
NOT VALID WITHOUT tHE SIGNATURE AND THE
ORGINAL'R.+.l!jfA SEAL OF A FLORIDA LICENSED
SURVEYOR AND MAPPER.
CERTIFICATE OF AUTHORIZATION LB #43
~-
o
I
200
COLUER COUNTY DEPARTMENT
OF TRANSPORTAnON
PIlGJEOT NO. 65061 PARCEL .0. , 714-
WlI."'118'-'~-
-.lqMn.IiaOIolIIIIo'-'-'~~'~-
....,...... he:.
..""~,.~ ....:_,.,.#?~--=.::,..,. ___ 09/20~
Sip '1, 2003 - 14,17134 IllAWUllEfX:\SUR\NIOI!1\I51IdIOO.dwg
SJ<ETCW &: DESCRIPTION
PROJECT NO"
N8015-005-o00
f'lE NO.~
2L-812
,-'
Agenda Item No. 16C1
July 26. 2005
Page 1 of 15
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution approving a Florida Department of Transportation
(FDOT) Standard form Utility Work Agreement regarding Collier County relocating its
utility facilities necessitated by FDOT widening of 1-75 (State Road 93) from North of
Golden Gate Parkway to South of Bonita Beach Road, Projects 70045 and 73045.
OBJECTIVE: The public pwpose is to provide for Collier County to relocate its utility facilities
as necessary to accommodate the widening of 1-75 between Golden Gate Parkway and Bonita
Beach Road. The scope of the project includes the relocation of a water main at the Pine Ridge
Road interchange and the relocations of water, wastewater, and reclaimed water mains at the
Immokalee Road interchange.
CONSIDERATIONS: The FDOT has provided preliminary plans for the widening of 1-75 to
the Collier County Public Utilities Engineering Department. A review of those plans indicates
that the relocation of a water main at the Pine Ridge Road interchange and the relocations of
water, wastewater, and reclaimed water mains at the Immokalee Road interchange will be
necessary to accommodate the road widening project.
The FDOT has also provided their standard "Utility Work Agreement" form for execution by an
authorized representative of the County. Staff requests that the County Manager, or his designee,
be authorized to execute the Agreement and any subsequent amendments that do not require
prior Board approval. The County Attorney's office has reviewed the Agreement and prepared a
Resolution to approve it.
The Clerk's Finance and Accounting Division has reviewed the information contained in this
Executive Summary.
FISCAL IMPACT: There is no direct fiscal impact from this Resolution. Funds for the
subs~uent design of the relocations are available from water and sewer user fees in the FY 2005
budget that was approved by the Board on September 23, 2004. Funds for construction of the
relocations are included in the proposed FY 2006 budget.
GROWTH MANAGEMENT IMPACT: This Resolution involves the relocation of existing
utilities so there is no growth management impact.
RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the
Governing Board of the Collier County Water Sewer District:
Adopt a Resolution approving a FOOT Standard form Utility Work Agreement regarding Collier
County relocating its utility facilities necessitated by FDOT widening of 1-75 (State Road 93)
from North of Golden Gate Parkway to South of Bonita Beach Road and also delegate signature
authority to the County Manager, or his designee.
Executive Summary
Approve Resolution
Page 2
Agenda Item No. 16C1
July 26, 2005
Page 2 of 15
PREPARED BY: Ronald F. Dillard, P.E., Senior Project Manager, Public Utilities Engineering
Department.
Agt,t'da lt€rrl No. l6C,
ju;y 26, 2005
PJIJ"= 301 15
COLLIER COUNTY
BOA.RO OF COUNTY COMMI5510"'ERS
Ihtm Number
Item Summary
E,C"!
':><lr:;::fl1rfler>dllt\Olll:'l adopi 3 RI!lSO!ut,orl appr~"ing a 1"1<)1103 D~par"b~lll~t of T:'.!il'\&p(jrtat;ol'!
(~':)'::)ll St:lfl,jard furm Uti'it)' V'kJrk ~.greemr!'!t rt'g.!irding GDli,E" C<:::';l'\tl' fe;o<::.).ik,g Its u!;iitv
!:;ldit:r,,, ",er.<lst.!tated by ;:OOT ".o;dfOnlng of ! .i5 {Sute Road ffJl !r(lm North of (,;"Idfln
Gate P~'k''''';;'f t~ .'joulh ,~1 Benta 8o<!lgch RO<ld. PmJect~,'L]O,tt; <ll1d ":~04:>
Meeting o.te
7/;;l:,':/O05 soo.m) AM
Prepared By
D~tl!
Roo..ld;:, DilIMd. f>f;'
Sen;(,[ Pt<.'ljl!'r,t ,,l..MMtjel
fi/14,7011S 11:JO:13AM
flutJIlc UIWliE'5
Public Utilities Engille~rillg
Approved By
Paut Mllttau!:'ch
Watt'rO!lu:lor
DillE'
Pubh(. UhhhE'$
1):27i20Oi 7~1l9 ,V.4
Approved By
ThUOhl~WidE'S
Opeutiou", Oned(>l
Date
f'ubli,~ Ulihu~s
PulllIL' UtlHtll1" O'peliltioll:5.
6'29;20051:57 PM
Approvcd B~:
HoyB. A"Oers.l)ll, P.E.
Pllblll; Ulllitl~s. f.nglllef!rwg Dj'l!r-tor
o,,~..
PUblic Ulih\le~
PUbho; Utilitiu Engmeerillg
7f6!2005 5;~7PM
Approved By
L'mW~,,".j
Purchll~lIlg AQltm
Dille
AUl1'IinISIf.1li'fE'SHlli":l"li
PUlcll.1""mg
117!nOS 1:54 AM
Approved By
Sh"ltCameH
Purctl.1-!>inIjIGl!lltl.'l1 SVCli Dlrect!)1
Admil1i1o\ri\hvi! 6...,\(i,."''5
PIlH:t>i1!i.inl]
7'1~100S ,:~, AM
Approved B~-'
JamE'"W.()j.loo'l'
Public Uhlilie1o- Auministr"lo'
Dill!
PuL>h.. U(lllh(!.s
Puhlk Ulilllies Ad.miflis.lr.ltillll
T:1':HI~1i .;02: PM
Approved By
OMS (;nordmilIO!
Adlnmi~lr.ltIVf' As~isl,l:Jlt
D,,(I'
Cllutlt'lMIIIl.tjE'''~Ot1iCE'
OIflr~ (;.1 Milniigt!t11~nl & aUd!Jd
7111~2005 )',41 PM
Approved By
l>U:5.,ln U'ih'~r
lONllO[ Mana,qf'mf'nt,"alJd'let An.1ly.:;t
Dale
COUllly f,1.Ulagr.r'ii Oftiu
OfficI' of J,olallagf'ment", Budge!
7''1t:~U05 9:11 AM
Approved By
MII':"'d~l Smyl(ow!;~i
M.lInayerllent & Budqel Direclol
Cnu!'!ty Mi\na'lN'~ Offl<::f'
Oftir.p....I Man.lgrmwnl'" Budget
7~11;~t)Qti 2:" PM
Approved By
Janles V. Mlldt!
County "..\'~n.l:gef
D;.It!'
BOilrLlof COUlltV
Coullty p,l!"nil':1p.l'!i OfhCl:
T,'11iUOS 3~14 I'M
Financial Project 10: 406313-3-52-01 Federal Project 10: N1A
County: Collier/Lee State Road No.: 93
District Document No: 1
Utility Agency/Owner (UAO): Collier County - Public Utilities
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(lit UAO'. Sole Expenae)
Agenda Item No. 16C1
July 26, 2005
F~~~~5
, 0IlI4
THIS AGREEMENT, entered into this day of , year of , by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred
to as the "FOOT, and Collier County, hereinafter referred to as the "UAO";
WITNESSETH:
WHEREAS, the UAO owns or desires to install certain utility facilities which are located on
the public road or publicly owned rail corridor identified below, hereinafter referred to as the
"Facilities" (said term shall be deemed to include utility facilities as the same may be relocated,
adjusted, or placed out of service); and
WHEREAS, the FOOT, is currently engaging in a project which involves constructing,
reconstructing, or otherwise changing a public road and other improvements located on a public
road or publicly owned rail corridor identified as 1-75 from N. of Golden Gate Parkway to S. of
Bonita Beach Road, State Road No.93, hereinafter referred to as the "Project"; and
WHEREAS, the Project requires the location (vertically and/or horizontally), protection,
relocation, installation, adjustment, or removal of the Facilities, or some combination thereof,
hereinafter referred to as "Utility Work"; and
WHEREAS, under the law of the State of Florida, the Utility Work must be performed at the
sole cost and expense of the UAO; and
WHEREAS, the FOOT and the UAO desire to enter into an agreement which establishes
the terms and conditions applicable to the Utility Work;
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained
herein, the FOOT and the UAO hereby agree as follows:
1. Performance of Utility Work
a. The UAO shall perform the Utility Work in accordance with the utility relocation
schedule attached hereto as Exhibit A and by this reference made a part hereof (the
Schedule) and the plans and specifications for the Utility Work which have been
previously approved by the FOOT (the Plans), said Plans being incorporated herein
and made a part hereof by this reference. If the Schedule and the Plans have not
been prepared as of the date of the execution of this Agreement, then the Utility Work
shall be performed in accordance with the Plans, and the Schedule that are hereafter
prepared in compliance with the notice previously sent to the UAO which established
Page 1 of 10
Agenda Item No. 16C1
July 26, 2005
F~g~~5
1 llI04
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(at UAO'. Sole Expense)
the terms and conditions under which those documents are to be prepared. The
FOOT's approval of the Plans shall not be deemed to be an adoption of the Plans by
the FOOT nor a substitution for the proper exercise of engineering judgment and the
UAO shall at all times remain responsible for any errors or omissions in the Plans.
The Utility Work shall include all Facilities located on the Project and neither the
failure of the UAO to include all of the Facilities in the Schedule, nor the Plans, nor
the failure of the FOOT to identify this omission during its review of the Plans shall
relieve the UAO of the obligation to make those Facilities part of the Utility Work.
Time shall be of the essence in complying with the total time shown by the Schedule
for the Utility Work as well as any and all interim time frames specified therein. The
Utility Work shall be performed in a manner and using such methods so as to not
cause a delay to the FOOT or its contractors in the prosecution of the Project. The
UAO shall be responsible for all costs incurred as a result of any delay to the FOOT
or its contractors caused by errors or omissions in the Plans or the Schedule
(including location of the Facilities and the proper inclusion of all Facilities as part of
the Utility Work as stated above); failure to perform the Utility Work in accordance
with the Plans and Schedule; or failure of the UAO to comply with any other obligation
under this Agreement or under the law.
b. All Utility Work shall be performed by UAO's own forces or its contractor at the
UAO's sole cost and expense. The UAO shall be responsible for obtaining any and
all permits that may be necessary to perform the Utility Work. The FOOT's Engineer
(as that term is defined by the FOOT's Standard Specifications for Road and Bridge
Construction) has full authority over the Project and the UAO shall be responsible for
coordinating and cooperating with the FOOT's Engineer. In so doing, the UAO shall
make such adjustments and changes in the Plans and Schedule as the FOOT's
engineer shall determine are necessary for the prosecution of the Project and shall
stop work or modify work upon order of the FDOT's engineer as determined by the
FOOT's engineer to be necessary for public health, safety or welfare. The UAO shall
not be responsible for the cost of delays caused by such adjustments or changes
unless they are attributable to the UAO pursuant to subparagraph 1 a.
c. After the FOOT has received a proper Schedule and Plans, the FOOT will issue a
notice to the UAO which authorizes the Utility Work to proceed. The UAO shall notify
the appropriate FOOT office in writing prior to beginning the Utility Work and when the
UAO stops, resumes, or completes the Utility Work. The Utility Work shall be
performed under the conditions of, and upon completion of the Utility Work, the
Facilities shall be deemed to be located on the public road or publicly owned rail
corridor under and pursuant to, the Utility Permit (Note: Intent of this line is to
allow either attachment of or separate reference to the permit),
2. Claims Against UAO
a. In the event the FOOT's contractor provides a notice of intent to make a claim against
the FOOT relating to the Utility Work, the FOOT will, in accordance with the FOOT's
Page 2 of 10
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(at UAO'. Sole Expe....)
procedure, notify the UAO of the notice of intent and the UAO will thereafter keep and
maintain daily field reports and all other records relating to the intended claim.
b. In the event the FOOT's contractor makes any claim against the FOOT relating to the
Utility Work, the FOOT will notify the UAO of the claim and the UAO will cooperate
with the FOOT in analyzing and resolving the claim within a reasonable time. Any
resolution of any portion of the claim directly between the UAO and the FOOT's
contractor shall be in writing, shall be subject to written FOOT concurrence and shall
specify the extent to which it resolves the claim against the FOOT.
Agenda Item No. 16C1
July 26, 2005
F~ge~~5
1 0Ill4
3. Out of Service Facilities
No Facilities shall be left in place on FOOT's Right of Way after the Facilities are no longer
active (hereinafter Placed out of service/Deactivated) unless specifically identified as such
in the Plans. The following terms and conditions shall apply to Facilities Placed out of
service/Deactivated, but only to said Facilities Placed out of service/Deactivated:
a. The UAO acknowledges its present and continuing ownership of and responsibility for
Facilities Placed out of service/Deactivated.
b. The FDOT agrees to allow the UAO to leave the Facilities within the right of way
subject to the continuing satisfactory performance of the conditions of this Agreement
by the UAO. In the event of a breach of this Agreement by the UAO, the Facilities
shall be removed upon demand from the FOOT in accordance with the provisions of
subparagraph 3. e. below.
c. The UAO shall take such steps to secure the Facilities and otherwise make the
Facilities safe in accordance with any and all applicable local, state or federal laws
and regulations and in accordance with the legal. duty of the UAO to use due care in
its dealings with others, The UAO shall be solely responsible for gathering all
information necessary to meet these obligations.
d. The UAO shall keep and preserve all records relating to the Facilities, including, but
not limited to, records of the location, nature of, and steps taken to safely secure the
Facilities and shall promptly respond to information requests concerning the Facilities
that are Placed out of service/Deactivated of the FDOT or other permittees using or
seeking use of the right of way.
e, The UAO shall remove the Facilities upon 30 days prior written request of the FOOT
in the event that the FOOT determines that removal is necessary for FOOT use of the
right of way or in the event that the FDOT determines that use of the right of way is
needed for other active utilities that cannot be otherwise accommodated in the right of
way. In the event that the Facilities that are Placed out of Service/Deactivated would
not have qualified for reimbursement under this Agreement, removal shall be at the
sole cost and expense of the UAO and without any right of the UAO to object or make
Page 3 of 10
U."_1lI_1lI1
Agenda Item No. 16C1
July 26, 2005
Fo~~~5
10104
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(at UAO'. Sole Expenae)
any claim of any nature whatsoever with regard thereto. In the event that the
Facilities that are Placed out of Service/Deactivated would have qualified for
reimbursement only under Section 337.403 (1 )(a), Florida Statutes, removal shall be
at the sole cost and expense of the UAO and without any right of the UAO to object
or make any claim of any nature whatsoever with regard thereto because such a
removal would be considered to be a separate future relocation not necessitated by
the construction of the project pursuant to which they were Placed out of
service/Deactivated, and would therefore not be eligible and approved for
reimbursement by the Federal Government. In the event that the Facilities that are
Placed out of service/Deactivated would have qualified for reimbursement for other
reasons, removal of the out of service Facilities shall be reimbursed by the FOOT as
though the Facilities had not been Placed out of service/Deactivated. Removal shall
be completed within the time specified in the FOOT's notice to remove. In the event
that the UAO fails to perform the removal properly within the specified time, the FOOT
may proceed to perform the removal at the UAO's expense pursuant to the
provisions of Sections 337.403 and 337.404, Florida Statutes.
f, Except as otherwise provided in subparagraph e. above, the UAO agrees that the
Facilities shall forever remain the legal and financial responsibility of the UAO. The
UAO shall reimburse the FOOT for any and all costs of any nature whatsoever
resulting from the presence of the Facilities within the right of way. Said costs shall
include, but shall not be limited to, charges or expenses which may result from the
future need to remove the Facilities or from the presence of any hazardous substance
or material in the Facilities or the discharge of hazardous substances or materials
from the Facilities, Nothing in this paragraph shall be interpreted to require the UAO
to indemnify the FOOT for the FOOT's own negligence; however, it is the intent that
all other costs and expenses of any nature be the responsibility of the UAO.
4. Default
a. In the event that the UAO breaches any provision of this Agreement, then in addition
to any other remedies which are otherwise provided for in this Agreement, the FOOT
may exercise one or more of the following options, provided that at no time shall the
FOOT be entitled to receive double recovery of damages:
(1) Terminate this Agreement if the breach is material and has not been cured
within 60 days from written notice thereof from the FOOT.
(2) Pursue a claim for damages suffered by the FOOT.
(3) Suspend the issuance of further permits to the UAO for the placement of
Facilities on FOOT property if the breach is material and has not been cured
within 60 days from written notice thereof from the FOOT until such time as the
breach is cured.
Page 4 of 10
Agenda Item No. 16C1
July 26, 2005
FO"P'l!g~~ 5
1 Cl/04
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILrrY WORK AGREEMENT
(.t UAO'. Sole Expen..)
(4) Pursue any other remedies legally available.
(5) Perform any work with its own forces or through contractors and seek
repayment for the cost thereof under Section 337.403(3), Florida Statutes.
b. In the event that the FOOT breaches any provision of this Agreement, then in addition
to any other remedies which are otherwise provided for in the Agreement, the UAO
may exercise one or more of the following options:
(1) Terminate this Agreement if the breach is material and has not been cured
within 60 days from written notice thereof from the UAO.
(2) Pursue any other remedies legally available.
c. Termination of this Agreement shall not relieve either party from any obligations it has
pursuant to other agreements between the parties and from any statutory obligations
that either party may have with regard to the subject matter hereof.
5. Indemnification
FOR GOVERNMENT -OWNED UTILITIES:
To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the
FOOT and all of its officers, agents, and employees from any claim, loss, damage, cost,
charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO,
its agents, employees, or contractors during the performance of the Agreement, whether
direct or indirect, and whether to any person or property to which FOOT or said parties may
be subject, except that neither the UAO, its agents, employees, or contractors will be liable
under this section for damages arising out 6f the injury or damage to persons or property
directly caused by or resulting from the n~gligence of the FOOT or any of its officers,
agents, or employees during the performance of this Agreement.
When the FOOT receives a notice of claim for damages that may have been caused by the
UAO in the performance of services required under this Agreement, the FOOT will
immediately forward the claim to the UAO. The UAO and the FOOT will evaluate the claim
and report their findings to each other within fourteen (14) working days and will jointly
discuss options in defending the claim, After reviewing the claim, the FOOT will determine
whether to require the participation of the UAO in the defense of the claim or to require the
UAO to defend the FOOT in such claim as described in this section. The FOOTs failure to
notify the UAO of a claim shall not release the UAO from any of the requirements of this
section. The FOOT and the UAO will pay their own costs for the evaluation, settlement
negotiations, and trial, if any. However, if only one party participates in the defense of the
claim at trial, that party is responsible for all costs.
FOR NON-GOVERNMENT -OWNED UTILITIES;
Page 5 of 10
Agenda Item No. 16C1
July 26, 2005
FO~~5
10/04
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(at UAO'. Sole Expense)
The UAO shall indemnify, defend, and hold harmless the FOOT and all of its officers,
agents, and employees from any claim, loss, damage, cost, charge, or expense arising out
of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or
contractors during the performance of the Agreement, whether direct or indirect, and
whether to any person or property to which FOOT or said parties may be subject, except
that neither the UAO, its agents, employees, or contractors will be liable under this section
for damages arising out of the injury or damage to persons or property directly caused by
or resulting from the negligence of the FOOT or any of its officers, agents, or employees
during the performance of this Agreement.
The UAO's obligation to indemnify, defend, and pay for the defense or at the FOOT's
option, to participate and associate with the FOOT in the defense and trial of any damage
claim or suit and any related settlement negotiations, shall arise within fourteen (14) days
of receipt by the UAO of the FOOrs notice of claim for indemnification to the UAO. The
notice of claim for indemnification shall be served by certified mail. The UAO's obligation
to defend and indemnify within fourteen (14) days of such notice shall not be excused
because of the UAO's inability to evaluate liability or because the UAO evaluates liability
and determines the UAO is not liable or determines the FOOT is solely negligent. Only a
final adjudication or judgment finding the FOOT solely negligent shall excuse performance
of this provision by the UAO. The UAO shall pay all costs and fees related to this
obligation and its enforcement by the FOOT. The FOOT's delay in notifying the UAO of a
claim shall not release UAO of the above duty to defend.
6. Force Majeure
Neither the UAO nor the FOOT shall be liable to the other for any failure to perform under
this Agreement to the extent such performance is prevented by.an act of God, war, riots,
natural catastrophe, or other event beyond the control of the non-performing party and
which could not have been avoided or overcome by the exercise'of due diligence; provided
that the party claiming the excuse from performance has (a) promptly notified the other
party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the
effect of the occurrence to the extent possible, and (c) resumed performance as soon as
possible.
7. Miscellaneous
a. The Facilities shall at all times remain the property of and be properly protected and
maintained by the UAO in accordance with the then current Utility Accommodation
Manual and the current utility permit for the Facilities.
b. Pursuant to Section 287.058, Florida Statutes, the FOOT may unilaterally cancel this
Agreement for refusal by the UAO 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 by the UAO in conjunction with this Agreement.
P8ge 6 of 10
Agenda Item No. 16C1
July 26, 2005
F~e~~~ 5
10104
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(at UAO'. Sole Expen..)
c. This Agreement constitutes the complete and final expression of the parties with
respect to the subject matter hereof and supersedes all prior agreements,
understandings, or negotiations with respect thereto, except that the parties
understand and agree that the FOOT has manuals and written policies and
procedures which shall be applicable at the time of the Project and the relocation of
the Facilities and except that the UAO and the FOOT. may have entered into joint
agreements for Utility Work to be performed by FOOT's highway contractor. To the
extent that such a joint agreement exists, this Agreement shall not apply to Facilities
covered by the joint agreement. Copies of FOOT manuals, policies, and procedures
will be provided to the UAO upon request.
d. This Agreement shall be governed by the laws of the State of Florida. Any provision
hereof found to be unlawful or unenforceable shall be severable and shall not affect
the validity of the remaining provisions hereof.
e. Time is of the essence in the performance of all obligations under this Agreement.
f, All notices required pursuant to the terms hereof may be sent by first class United
States Mail, facsimile transmission, hand delivery, or express mail and shall be
deemed to have been received by the end of five business days from the proper
sending thereof unless proof of prior actual receipt is provided. The UAO shall have
a continuing obligation to notify each District of the FDOT of the appropriate persons
for notices to be sent pursuant to this Agreement. Unless otherwise notified in
writing, notices shall be sent to the following addresses:
If to the UAO:
Collier County - Public Utilities
3301 East :ramiami Trail
Naples, FL 34112
If to the FOOT:
District One Utilities Deoartment
801 North Broadwav Ave.
Bartow, FL 33830
8. Certification
This document is a printout of an FOOT form maintained in an electronic format and all
revisions thereto by the UAO in the form of additions, deletions, or substitutions are
reflected only in an Appendix entitled Changes to Form Document and no change is made
in the text of the document itself. Hand notations on affected portions of this document
Page 7 of 10
"~,._."..,,,...,.,-,....",,"",,, ""....-
Agenda Item No. 16C1
July 26, 2005
F~e!~f15
1 0IQ.4
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(at UAO'. Sola Expanae)
may refer to changes reflected in the above-named Appendix but are for reference
purposes only and do not change the terms of the document. By signing this document,
the UAO hereby represents that no change has been made to the text of this document
except through the terms of the appendix entitled "Changes to Form Document."
Page 8 of 10
Agenda Item No. 16C1
July 26, 2005
F~e~~L5-t 5
10104
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(at UAO'. Sol. Expense)
You MUST signify by selecting or checking which of the following applies:
~
o
No changes have been made to this Form Document and no Appendix entitled
"Changes to Form Document" is attached.
No changes have been made to this Form Document, but changes are included on
the attached Appendix .entitled "Changes to Form Document."
IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and
year first written.
UTILITY: Collier County - Public Utilities
BY: (Signature)
DATE:
(Typed Name: James W. DeLonv. P.E.)
(Typed Title: Public Utilities Administrator)
Recommend Approval by the District Utility Office
BY: (Sianature)
DATE:
FDOT Legal review
BY: (Signature)
DATE:
District Counsel
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY: (Signature)
DATE:
(Typed Name: Michael G. RiDDe)
(Typed Title: Director of TransDortatlon DeveloDment)
Page 8 of 10
Agenda Item No. 16C1
July 26, 2005
F~E?'~1p,f515
'l1tllffie.
10104
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
UTILITY WORK AGREEMENT
(at UAO'. Sole Expen..)
FEDERAL HIGHWAY ADMINISTRATION (if applicable)
BY:
DATE:
(Typed Name: NlA)
(Typed Title: )
Page 10 of 10
RESOLUTION NO. 2OOS-
Agenda Item No. 16C1
July 26, 2005
Page 14 of 15
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, APPROVING A FLORIDA DEPARTMENT OF TRANSPORTATION
(FOOT) STANDARD FORM UTILITY WORK AGREEMENT REGARDING COLLIER
COUNTY RELOCATING ITS UTILITY FACILITIES NECESSITATED BY FOOT
WIDENING OF 1.75 (STATE ROAD 93) FROM NORTH OF GOLDEN GATE PARKWAY
TO SOUTH OF BONITA BEACH ROAD; ALSO DELEGATING AUl'HORITY TO THE
COUNTY MANAGER OR IDS DESIGNEE
WHEREAS. The Florida Department of Transportation (FOOT) plans to widen 1-75. which
road work will require the County to relocate its government owned utility facilities generally from
nonh of Golden Gate Parkway to south of Bonita Beach Road; and
WHEREAS. FOOT requires that Collier County enter into FOOT's standard fonn Utility
Work Agreement before Collier County can perfonn its utility work with regard to this FOOT project;
and
WHEREAS, it is necessary that the Board of County Commissioners (Board) designate a
Collier County employee to sign and execute the subject Utility Work Agreement; and
WHEREAS, staff has requested that the Board by Resolution approve the subject Utility
Work Agreement and authorize the County Manager to appoint a County employee designee to sign
the Agreement on behalf of the County and the District, and to carry out the Agreement. including
authorizing subsequent amendments thereto that do not, as a matter of law, require further approval
from the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX.oFFlCIO THE
GOVERNING BOARD OF THE COLLIER COUNTY W A TER.SEWER DlSTRlcr AS
FOLLOWS:
1. The foregoing WHEREAS clauses are incorporated herein by reference.
2. The Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing
Board of the Collier County Water-Sewer District. hereby approves the subject Utility Work
Agreement regarding 1-75 (also known as State Road Number 93).
3. The Board hereby authorizes the County Manager to appoint his County employee designee to sign
the Agreement on behalf of the County and the District. and to carry out the Agreement, including
authorizing subsequent amendments thereto that do not, as a matter of law, require further approval
from the Board.
4. This Resolution shaH become effective inunediately upon its adoption.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County. Florida. this _ day of , 2005 after majority vote in favor of
adoption.
A TIEST:
BOARD OF COUNTY COMMISSIONERS
COllIER COUNTY, FLORIDA. AS
EX-OFf1CIO TIlE GOVERNING BOARD
OF TIlE COLLIER COUNTY WATER -
SEWER DISTRICf
DWrGHr E. BROCK, Clerk
BY
Deputy Clerk
BY
FRED W, COYLE, CHAIRMAN
Approved as to form and legal sufficiency:
dolM QJw.-.-
Thomas . Palmer, ASSistant County Attorney
Project Name:
EVENT CoM
L8nd Acqul.ltID11 II
L8nd u.. ZOnln II
~lIn/Pennlt ~..
eoIWtructlon -....
InlqMlCtlon '17,~
Project T....' , ....-
Agenda Item No. 16C1
July 26, 2005
Page 15 of 15
Qlr1 Qtr2 QIr3 :,Qtr4 .: Qlr1 ,Qtr2: QIr3 ,Qtr4 '.Qlr1iQlr2 :,:QIr3. Qlr4:: Qlr1 ',:Qtr2 . QIr3. Qtr4i.Qlr1 . Qtr2 : QIr3.Qtr4
Recommended Action: Recommendation to approve a Resolution approving a Florida
Department of Transportation (FOOT) Standard form Utility Work Agreement regarding Collier CoWlty
relocating its utility facilities necessitated by FOOT widening of 1-75 (State Road 93) from North of
Golden Gate Parkway to South of Bonita Beach Road, Projects 70045 and 73045.
Agenda Item No. 16C2
July 26, 2005
Page 1 of 2
EXECUTIVE SUMMARY
{~"
Recommendation to approve a budget amendment to transfer funds in the amount of
$490,000 from the Collier County Water-Sewer District Operating Fund (408) Reserve for
Contingencies to cover unanticipated operating expenses in the South County Regional
Water Treatment Plant Cost Center.
OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of the
Collier County Water-Sewer District, approve a budget amendment that will allow funds to be transferred
from Reserve for Contingencies in the amount of $490,000 to cover unanticipated operating expenses
incurred in the South County Regional Water Treatment Plant (SCRWTP) Cost Center.
CONSIDERATIONS: The South County Regional Water Treatment Plant Cost Center requires
additional funds to cover operating expenses for the remainder of Fiscal Year 2005. On December 7,
2004, the South County Regional Water Treatment Plant began treating water with the new Reverse
Osmosis portion of the facility. Bringing the plant on line had an impact on both electrical and overtime
expenditures.
--
The cost for electricity is higher than anticipated for several reasons. Florida Power and Light was granted
two rate increases after the FY 05 Budget was established; the rate increases were granted both for
electrical consumption and for hurricane recovery. The impact of the rate increase, coupled with an
increased demand for water produced by the reverse osmosis treatment process, has caused a shortfall in
the electrical budget of $430,000, the amount requested in this budget amendment.
In order to operate the new facility, a significant number of hours of training were required to be
completed by each operations and maintenance staff member. A majority of the training had to be
completed during the clay when the contractor and the manufacturer's representatives were available to
conduct the training. In order to accomplish the training for those staff members that work shifts other
than the clay shift, overtime for those staff members had to be utilized. During the start-up of the facility,
additional staff was required to be present during commissioning of critical pieces of equipment; because
the operations and maintenance staff is "right-sized", this additional staffing requirement was met through
assigned longer hours for staff members, resulting in the use of overtime. The amount of overtime
required by the training and commissioning of the facility amounts to the requested $60,000 in this budget
amendment.
FISCAL IMPACT: A budget amendment is needed to transfer funds in the amount of $490,000 from
the County Water-Sewer Operating Fund (408) Reserve for Contingencies to cover unanticipated
operating expenses incurred in the South County Regional Water Treatment Plant Cost Center.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with the
approval of this Executive Summary.
RECOMMENDATION: It is recommended that the Board of County Commissioners, Ex-Officio, the
Governing Board of the Collier County Water-Sewer District, approve the necessary budget amendment
for the transfer of funds from Reserve for Contingencies.
_.
PREPARED BY: Stephen Lang, Plant Manager, South County Regional Water Treatment Plant
Agende Item No. 16C2
July 2G, 2005
Page 2 (If 2
COLLIER COUNTY
BOARD Of COUNTY COMMISSIONF.R~
Imm Number
I"m Summary
16C2
Ptl('O~'1rMrld.lltiClI1 to ap~ro\ltl ~ BA to trillllOft'll funds. In the amc"nt 01 '-"90,000 iml1'\ the
Collier Co'-,nt)' \NBte.r-Sflwlllr Di!lvk.1: Optlratlflg f"'urlO 14061 Re56i'\'~ fur Contmge.nde8 to
COllrn \,Jr1a~ti'~lpal~d iJp6rl'lting !J'CpenM'i In the SCRMP f~oM Genlor
M..tlng Oate
1/26120059:0000 AM
Prepar~d By
""',
Palllel.. Libb~
WiltH Ope'oIlwns; M..n..ger
S/2G!:lOGS J:QB:5il 1'''4
PublicUlihlie!i
Wille'
Appruved By
f)..ul MlItt<illusch
W<iIllnOlre':lur
Dille-
PublicUlihtiJ,!s
W;lhH
lii21i20US 7~ 11 AU
Approved By
Sllc'pllell R. LlIf~
WIlI<,;,PlalllManilgl.'r
Datt'
PUblic Utilll18S
\''ljolter
6!2712DUS!:l:04 AM
Approved By
Thom.uWidu
Operations Oiredm
Dille
Plibll'~ Utllltir.S
Puhlir_ Utilllil!\~ Opl!'r~tHm.'i
7:MHIO!i11:41At.A
Approved By
Jamu W" Delonv
PuhJir. Utililil!lI Adrl'lllli"lriltor
Dittf!
1'1Ibh~. Utilrtif:r.
fllIi.lllr.LJtl!itll!''SAdmltllst,,,lion
7'7:20\:15 4~l12 PM
Approved By
OMS COl)ro1io"t.)r
Admini.strllliw, A$$tStlll1t
Dale
Cuunty Malll'l!Jf'r'~ Olfln"
Oflh:1! u1 M..:m<'lqllflll!'llt jJ, Bud\ll.'1
1:112005 J:42 Pr,(
Approl'ed By
H<lndy GrMI1W;I!d
M,lndgl!\fl)r.flt'Budgt1t An~IY'"t
Oiftn
CnuntyManag",",Otfir."
om,"!! of M,ln.1gp.ml~nl .. Qudge1
711);10.06.4:.4.9 PM
Approved By
Mich"f>l S",~kClW$kl
tAal"1agf>lnl!nt & al.nJg~t Oiredor
C;o1,
CO(H>IV M"l'lil9P.r'1O OWr./!
OIlJ..,,, at Man"!1"~nt /I, I:hJdgf'l
7f1a:21l0SlIl;UAM
AppnIVed By
JlIIrlUV. Mudd
(.:ounty M.lnagN
Oa'"
Bu;ud of Cotlnl~
Comm!$.!;ion"r$.
COlllli.,. M..fl;l!.ltl'." Oftir",
7118/2005 ':11 AM
Agenda Item No. 16C3
July 26, 2005
Page 1 of 2
.-
EXECUTIVE SUMMARY
Recommendation to approve purchase of a truck with Hydraulic Crane for the Water
Department from Atlantic Truck Center in the amount of $173,829 per State Contract #070-
700-322.
OBJECTIVE: To obtain Board of County Commissioners approval for the purchase of a truck
with hydraulic crane for the Water Department from Atlantic Truck Center in the amount of
$173,829 per State Contract #070-700-322.
CONSIDERATIONS: This purchase of the truck and crane was approved by the Board of County
Commissioners as part of the 2005 budget cycle as replacement for a 1988 truck and crane that the
Water Department had obtained from Collier County SurpluS' and utilized for three years, The
1988 truck and crane have now been sent back to surplus as no parts could be found to repair the
latest mechanical failure and the Fleet Management Department has determined that crane is no
longer safe to operate.
The Water Distribution Section of the Water Department is responsible for the operation and
maintenance of sixty-four (64) wells in three wellfields. An additional twenty-five (25) wells will
be constructed within the next two years. Well pumps periodically need to be removed from the
well to perform scheduled preventative maintenance and unscheduled emergency repairs. The
- purchase of the crane will allow Water Department staff to immediately begin affecting these
repairs, thereby saving time in restoring the well back into service. Additionally, the Water
Department will save $250 per hour that must be expended for an outside contractor for crane
rental.
FISCAL IMPACT: Funds in the amount of $173,829 are available in the Water/Sewer Operating
Fund (408). The source offuDds is Water User Fees.
GROWTH MANAGEMENT IMP ACT: This purchase will have no growth management impact.
RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio Governing
Board of the Collier County Water-Sewer District, approve the purchase of a truck with hydraulic
crane for the Water Department from Atlantic Truck Center in the amount of $173,829 per State
Contract #070-700-322.
PREPARED BY: Pamela Libby, Water Distribution Manager
-
Agenda Htln1 Na. 16C3
July 26, 2005
Page 2 of 2
COLLIER COUNTY
80ARD OF COUNTY COMMISSIOfiF.RS
I.m Number
Item Summary
1 €:~C3
Pol/;.or'!lmend.iiltH'.I" to approve r~i.J'''hlilIl8 of a Truck with HvdrlilLlll'- C-ratle lor the. ....later
Dl!lp..rtmen~ frurn AtlsnU... Truck Centl.'r 11' ,h", ..mount of S173.829 pe-" Stattl G',)filn;ct *O'l(J-
70('1.32)
M..ting O.te
11:6:20059:0000 AM
PrepuedBy
Dale
Pamel.. Libby
l.\lat",' Opel.lions M;llhlger
6126121105 3:20:0G PM
Public Ulihli!!'!!
Wat!!'1
Approved By
P<iul Mlft1!illsch
Wlltt'tDi!I!":tOf
Dill!!'
Publil: Utilit(~s
W"ter
Gi2 7 1211115 a ~01 AM
Approved By
Ttl<ll"lIas;Wldts
OtJIl':.atklnl. Ojlet:(ol
Dalt'
PUblic: Utilille"
Pubtir. UliliUu O~r~lj(tf15
7!fi121HUi 11:51 AM
Approved By
Mlio:eHauet
A.:.:qOisitionM;Ul;lg'"
Dille
Admmislratlvl'l SI'lf'Jlr.es
PUfe-h;JI.IDQ
7:6!2iHJ.li.4::.l9PM
Approved By
MeVl'COll"nell
PUf(:h;l~lngiGr.-IIf't11 Svcs Dfr~taf
D;ltf!
Admini'ltMfi\lp.Q".'vir.f!'S
Purchaliil)t)
7iliI2BO$l:nSPM
Approved By
Jaf1W'.!> W. Dr:Lnny
PUblic Utihtin Adrnll1i.~trIIO'
D~III!"
PlIhUc UlilJlills
PI.IUlk UlihtlelO A\lminlstt"h(JIl
7:7!2005Jt:02PM
Appruved By
OMS Goof(1tnalof
Admmislrati"f' A1OSj~1 "01
l)iflfl
(;(}unty Mi1l'lilqN"Otrlct\
Of tic I! of M,ln.lg/!fnt>nl .. Bud!J1!1
7!lt-'2UOS 3:43 P'M
Approved By
Randv Grl!~nwald
Mill'lagl!menllBul./gel AllalY$1
Datt!
Gaunl>; Mal'iI<;ll!r'5 Offir.1'!
ON'Ir.~ of "'an..,~ot ^' BUd!jr.1
7!aI2!lDs.,no PM
Approved By
MI..ha!!1 Smyl<'O'<'i"lii
M;ln;l!ll!mle....' & 8udg~1 Oirl!dor
Oilile
C(,unly M;ulaq~f''l. OIfa'e
01fke of Matl<1l,ll'!froent &. 8ud!T~1
7i11120062:J2PM
Approved By
,1.1111"'1' 'Ii, Mudd
Cou>llyMan'll!J"r
Datr.
BO<lrd 01 Count~
Commi,.~i{lnHl<
(;mltlty M;lnilgl'r'l< ('ItflC~
7J11i2QOI5-J::.JUPM
Agenda Item No. 16C4
July 26, 2005
Page 1 of 12
,...-
EXECUTIVE SUMMARY
Recommendation to approve an amendment to the professional engineering services
agreement with Metcalf & Eddy, Inc. for the South County Regional Water Treatment
Plant (SCRWTP) 8-Million Gallons Per Day (MGD) Reverse Osmosis (RO) Expansion,
Contract 98-2891, in the amount of 588,560 and to extend the contract time to December 1,
2005, Project 70054.
OBJECTIVE: To provide additional professional engineering services for the final
reconciliation and close-out of the Wharton Smith contract for construction of the SCRWTP RO
Expansion project, pursuant to Contract 98-2891.
CONSIDERATIONS: On August 3, 1999, as Agenda Item 16B (11), the Board approved and
entered into an Agreement with Metcalf & Eddy, Inc. (M&E) to provide design and construction
services for the SCRWTP RO Expansion project. The project has been under construction since
July 2001 and includes: an 8-MGD RO process facility with capability to be expandable to 20-
MGD in the future, new raw water production wells, two deep injection wells, and a monitoring
well for brine disposal.
On May 14, 2002, as Agenda Item 1O(I), the Board approved Amendment 1 to the agreement
with M&E to provide construction management services for the second deep injection well.
On June 24, 2003 as Agenda Item 10(1), the Board approved Amendment 2 to the agreement
with M&E to provide additional construction services required for unforeseen circumstances
encountered with the construction of the second deep injection well and to accommodate a
revised construction completion date of October 2003.
On March 23, 2004 as Agenda Item 10(G), the Board approved Amendment 3 to the Agreement
with M&E to provide additional project administration and observation services through June 1,
2004.
On October 12, 2004 as Agenda Item lOA, the Board approved Amendment 4 to the Agreement
with M&E to provide additional services related to the termination of United Engineering
Contractors' (DEC) construction contract for cause, and services related to construction
administration and observation through the completion date of the Wharton Smith construction
contract, May 1, 2005.
.,.-:.......
As a result of the findings of several unanticipated, latent defects in construction work done by
UEC, Wharton Smith's construction contract was extended from May 1, 2005 to August 1,2005
by the Board as Agenda Item 16(C) 22. This proposed Amendment 6 represents additional
required engineering services by M&E consisting of project administration and observation
through the construction contract completion date of August 1, 2005 and follow-on office
engineering required through December 1,2005. The extra work from May to August is related
to additional deficiencies found in the work by the original contractor related to the fire alarm
-'System, interior fire rated sheet rock walls and underground cable in the wellfield. The extra
Agenda Item No. 16C4
July 26, 2005
Page 2 of 12
work from August to December 1 is to allow sufficient time for the review and preparation of the
final payment request and closeout documentation of the Wharton Smith contract for work
completed through August 1, 2005. Staff has reviewed the amendment and finds the scope and
fees to be reasonable. Also, enclosed is a letter of support from Malcolm Pirnie Inc. our third
party engineering consultant, concurring with the scope of the work and the fees.
The following summarizes the breakdown of contract costs through Amendment 5:
Original Contract #98-2891
Amendment 1
Amendment 2
Amendment 3
Amendment 4
Amendment 5 (Time Extension)
Amendment 6 (proposed)
Total
$3,920,064
231,804
960,295
536,200
1,924,500
o
88.560
$7,661,423
The proposed Amendment 6 additional fees of$88,560 are broken down as follows:
Task A.5 Engineering Support task budget of $46,400. Task A.7 construction management
Support Task budget of $42, 160.
This Executive Summary was prepared in cooperation with the Clerk of Court's Finance
Department and the Purchasing Department. The office of the County Attorney has reviewed this
Executive Summary and Amendment.
FISCAL IMPACT: This project is part of the Water Capital Budget for FY 05 as approved by
the Board of County Commissioners on September 23, 2004. The source of funds is Water
Impact Fees. Sufficient funding exists in this project to fund this Amendment.
GROWTH IMP ACT: The project is needed to meet future potable water demands. The
project is part of the 2003 Water Master Plan Update adopted by the Board on May 25, 2004 as
Agenda Item 10 D.
RECOMMENDATION: That the Board of County Commissioners take the following action
regarding the completion of the 8 MOD RO Expansion Project at the SCRWTP:
1. Approve the Amendment to M&E's Professional Services Agreement as described herein.
2. Authorize the Chairman to execute the Amendment; which increases the contract amount to
$7,661,423 and extends the contract time to December 1, 2005.
PREPARED BY: Roy B. Anderson, P.E., Director, Public Utilities - Engineering
Agend8 llfJrn Ni:L HiC4
July 26, 2005
Page 3 of 12
COLLIER COUNTY
BOARD OF COUNTY COMM!SSIOI'jF.RS
IlemNl.lmbllr
Item Summary
1:':[4
r:>eC'-'lfllmenC,juan to authr.-nze th~ Amendmt'l'lt 01 prof8&l>;Cfl3,1 ar'!..Ir,ll~nnQ U1PJtctU,
agl't'<!If'leJlI with M"It;:llf & Edoo{. IIle jor the South ::::;Uf1!y j.~eQi0t131 W..t4( Tn,,~i!"'I..mt Plant
e MGD Rfl\lHI'o1l 0$1T10f>1~ mCR\t.JTp I. C,>r,ln~.t 9f..'2B!H in the a.rrlCIJ'1' 1'1 $6B,~~f.;O and
~>(te,',d tne time' up to Dec.tlmol"r 1 ~a05, f.'roJt.'ct :'0054
M..ting D.ta
7/'2(:;;!l"JO:". ':100 00 AM
Approved By
L'r'llWOOl'l
Purr:hil'iiflg AlJent
Dale
AdnlllUfilr;!ltlVftSfll'Jlr.efo
~Ut("_h;Jf,lng
f!UIZl'lnS-12:l:lI!PM
Approved By
RHV e. Amiea!.'n, P,F~
Puhlir: Utillhr.~ EI1!)il1ef'fi>lg Dlrer.tor
DOlt.:
Pub!!,: Ulihti\'l>
Pul>l,t. Ut,liHn Entlinl!f'Hn~
7115;2ilU512::JO PM
Appruved By
SleVl! Cam(!!1
Purl~h<1!.iIl9IGl!llInal 5v<.'; mrer.tor
nal~
Adlllllli:<.ITl,Uve5el'iu.-e..
~U((:ha';ltll,l
1!'5i2a0512~.n PM
Approved By
Pa\lIM;,lt;JU'"t':h
Wiltp',Oif(:l:'tfl'
(lilt!'>
Publu:\..lWitU1S
W.ler
7ilSi20:U51:0SPM
ApJlrl,nd By
TtKIIH<l~ W'd/! ~
Ol-'en1iulll> Di,,.,dor
Diltl:'
Pllblir;:Ulililih
Public Utilities Opl!talh'll!i
?J15.2fJj)!- J:2~ PM
Apprc'ved By
JiHlltSW. D~L(1Il"
~ubho; Utihtil!!> AoJnlini..tlalOl
Dill,.,
Public Uhlities
f'ubli.... Utilities A,uministr.llliol1
7!1r.ll0055:32f1M
Appruved By
OMf! GoorUUOillc:or
Adm'ni1\lrlltiY'''' A~_'li1\UI)1
Hilt,.,
Cl\Ulltl' Milllil\,tf"!> OW.;",
alfln." vI MioIrlaql!ll'll'nl & Budy,."
7.'1Ii20(l58:51 AM
Apprc,ved By
Mil.lmel Smv1wwsld
'lhtnll\1t'rmml " Budget Oin:'l"tt.r
D~h:,
COllnl)' M.uuger's OUa;!'
Office of Mjlljgemo':nt & Budge'
7!1!l12lJIl5t1:3=!AM
Apprc,nd By
.James 11, ~hld,'
Coullt'lM4l.nil'\lH
Dille
~h,.url otCnljn_.,
CO'llfllh.sioll""l>
C;nllnty Milnilfjl'r'r. Otf!("1!
7.l"IIt,'20D!lLS1 PM
Agenda Item No. 16C4
July 26, 2005
Page 4 of 12
Amendment No.6 to Contract Amendment #98-2891
"SCR WTP 8 MOD RO Expansion"
This amendment, dated July 26, 2005 to the referenced agreement shall be by and between the
parties to the original Agreement, Metcalf & Eddy Inc, (to be referred to as "Contractor") and
Collier County, Florida, (to be referred to as "Owner").
Statement of Un den tanding
In order to continue the services provided for in the original Contract document referenced
above, through the anticipated new project completion date of December 1,2005, established to
allow for adequate time to process fmal payment requests from the "Rescue Contractor" and to
assembly closeout documentation. In order to allow for both adequate time and budget to
accomplish these tasks the Contractor agrees to amend the above referenced Contract to extend
the Agreement through December 1,2005 for an additional fee of$88,560.00, broken down as
follows:
Task A.5 Engineering Support task budget 0[$46,400.
Task A.7 construction management Support Task budget of $42,160.
All other terms and conditions of the agreement shall remain in force.
IN WITNESS WHEREOF, the Consultant and the County have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date(s) indicated below.
CONSULTANT
A~T' )"
--;-;?J r-
Corporate SecretaryIWitness
METCALF & EDDY. INC.
By: 7G(.~..." ULk,j.~
By:
Mark S. Blanchard
Dated:
7/)-/0)
I
Title: 0r:....€. rr--CS/Lx,;:;:::;r
Vice President
Dated:
III I J cOOS"
CORPORATE SEAL
ArrEST:
OWNER:
BOARD OF COUNTY COMMISSIONERS
COllIER COUNTY, FLORIDA
Dwight E. Brock, Clerk
By:
Fred W. Coyle, Chainnan
Approved as to form and
Legal sufficiency:
Dated: July 26, 2005
~o~ ~~
Tom almer
Assistant County Attorney
Agenda Item No. 16C4
July 26, 2005
Page 5 of 12
~
MALCOLM PIRNIE. tHe.
INDEPENDENT I:NVlRONMENTAL ENGINEERS. SCIENTISTS & CONSULTANTS
July 12,2005
Mr. Roy Anderson, P.E.
Utilities Enginct.nng Director
Collicr County Public Utilitics Division
3301 East Tamiami Trail
Naples. Florida 34112
Re: South County Water Treatment Plant
Dear Mr. Anderson:
Pursuant to your request, Malcolm Pimie reviewed Amendment Number 5 of Contract 98-2891
approved by the Board of County Commissioners on August 3. 1999, with Metcalf and Eddy
Incorporated (M&E) for engineering and construction oversight services related the 8.0 mgd RO
expansion to the South County Water Treatment Plant.
The work provided by this ametldment is required for the final close-out and reconciliation of the
construction of the fucility plalmed for completion by August 1,2005. It is reasonable to expect
these activities to take three to four months after final completion of the work. Review and
approval of the final project documentation is most cost cffcctivdy provided by M&E.
The upset limit of $88,560 in Ame:ndment 5 is a reasonable fee for work related to the
construction oversight through final reconciliation of the close-out. The time extension to
December 1, 2005 is also reasonable. Therefore, it is recommended that the Board approved
Amendment 5 to Contract 9~-2891 in the amount of $88,560 and a time extension to December i,
2005.
Please do not hesitate to contact me if you have any questions regarding this matter.
Sincerely,
Malcolm Pirnie, Inc.
~ -1-..( !/ C
~L "" '-1
Robert H. French, P.E.
Senior Associate
431S METRO P/:.,RKV..,P.y
SU!TE 520
FORT MYeRS. Fl. 33916
238-332. '300
(,3:)( 239.332-178~!
j"~t1::., ://VI\\",,"j. pi ri""!!i-; .Clm
':(fTY'C:',f-Uf"Elr'.:::i'
Date: 7/14/05
B-Mailed To Bonnie:
Project Name: Prof. Eng. For SCRWTP 8 mgd RO Expansion
Project Number: 70054
BIDIRFP #: 98-2891
Mod #: 6
P<>#: 917436
Work. Order Number:
Contractor/Consultant: Metc:aIf &. Eddy
Original Contnlct Amount: $ 3,920,064.00
(Starting Point)
Current Contract Amount:
$ 7.,572,863.00
(LIst Total Amount Approved by tbc BCC)
S 7.,572,863.00
(lnc:luding All ChIDaes Prior To 'Ibis Modification)
Current BCC Approved Amount:
Change Amount:
s
88,560.00
Revised Con1ractIWorlc Order Amount: $ 7,661,423.00
(Including This CbaDge Order)
Cumulalive Dollar ValueofChao,gcs to this Contnu:tlWork Ordcr:L 3,741,359/00
Pcn:cntagc Of1bc CIwIgc OvcrlUnder CW'ra1t Contract Amount:
_1.16
%
Type ofChangc: Contract
Project Manager: Roy Andcnon
Department: PUED
Change Category Type, Circle One Below: I, 6
1. Planned or Elective
2. Unforeseen Conditions
3. Quantity Adjustments
4. COTTCCtion of Errors
5. Value Added
6. Scbedule Adjustment!
Scanned cople, o/tM bock lip dbcwrumtatton may be located on the Purchasing G drive:
G:/Currenl-Clumges to Contracts
G:/ ClI1Tenl- CIrangu to Wcwk Orders
Revised 7/11/05
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: SCRWTP 8 MGDRO ExlNln.lon PROJECT#:..2PiJS'4
BIDIRFP .:.fiY"';' f 36D .: 6 PO#: qJ 7"'3& WORKORDER L __ n-
DEPARTI!ENT: fJ U6JJ
Agenda Item No. 16C4
July 26, 2005
Page 7 of 12
OrigiDlll Contract Amovat:
S 3,920,064.00
(s1ll11ln& Point)
$ '{, S'1Z. 7~ 3
(Last Total Amount Approved bY tbeBCC) .
Cnrrellt BeC Approved Amo....t:
CarreDt CODtract Amount:
$ 7,672.863.00
(Includioa All ClwI8cs Prior To 'Ibis Modification)
Chaage AmonDt:
$ 88,S6O.oo
Reviaed CoatraetlWork Order Amonat:
$ 7,661,423.00
(Including This ChIn&c Order)
CUlDulative Dollar Valae of Cluutps to this CODtnetlWork Order: $_3,741,359
Date of Last BCC Approval_October 12.2004
Agenda Item # _1 OA
I,/~
..t:G"'_%
Percentage of the change overlunder current contract amount
Formula: (Current Amount I Last BeC approved amount)-1
Results and Actions: If the change exceeds 10% Bce approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Proceclu",s, Section III,C.4.
CURRENT COMPLETION DATE (S}:ORIGlNAL: Mav 1. 2005
CURRENT: December 1. 2005
.
SUMMARY OF PROPOSED CHANGE (S): Identify the changM. Add funding to contract taaks A.S and A.7
In order to Increase project funding to allow for the continuation of ..",Ices provided for In the onginal
contract document through the new completion date of December 1, 2005 to "low for adequate time to
procen final "R..cue Contractor" payment requeat .nd ....,.,bIe clOHOut documentation.
JUSTIFICATION FOR CHANGE (8): What value or benefit do th..e changes provide to the project? In
accordance with the provlalona of contract section S, the County project staff has detennlned that the
additional ..rvlces .. outlined above are neceaaary to allow for ... proper completion of thla project.
Further It Ia the opinion of the Project manager that said ..rvlces .re con. latent with the Intent of the
contract documents regarding the provlalon of additional .ervleM.
PARTIES CONTACTED REGARDING THE CHANGE:
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
....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
Revised 4/2512005
J_ The appropri8te partiee have been conUted regMllng the change
J_ Proposed price8. fees and costa .. forth In th8 cMnge .. reII8On8b1e
PROJECT MANAGER RECOMIIINDATION: 'FII" form .. to be....ned anddlltlld.
APPROVE BY: 1~;.3C' .LL llIIe: 7/" j"y
Pr'OJ~. anager J /I , /J/. '
REVIEWED BY: ~ I?'J ~ )~ 08te: 711V~
CO peaallst
Revised 412512005
Agenda Item No. 16C4
July 26, 2005
Page 8 of 12
Agenda Item No. 16C4
July 26, 2005
p.age 9 of 12
METCAlF&EDDY I AECOM
Metcalf & Eddy
3740 Executive Way, Miramar, Florida 33025
T 954.450.7770 F 954.450.5100 www.m-e.com
July 12, 2005
Mr. Roy B. Anderson, P.E.
Director, Public Utilities Engineering Department
Collier County Public Works
3301 E. Taml8l111 Trail, Building H
Naples, FL 34113
SUbject: CoIl.... County 8CRWTP . Scope of Wort - Amendment No. .
PUED PIo)ect Number 700M
Dear Mr. Anderson:
This letter will conflnn your recent discussions with Mark Blanchard regarding the above subject.
Metcalf and Eddy II pleased to provide you with this request for an amendment to our existing
professional services contract on the subject project to enable us continue to provide the
engineering and construction management services necestay to support the County's staff
through the completion of this project, now anticipated to occur on December 1, 2005.
A description of the items comprising the proposed amendment, as well 88 a detailed financial
sLmmary for each Item, '1 presented below for your review. Each of the activities listed will result
In an escalation of the level of effort required to achieve the project'1 objectives and will be
ac::companled by a corresponding Increase In costs, Including those of our team subcontractors.
Therefore, we are respectfuUy requesting your consideration and approval of this amendment
Enalneertna 8uDDOIt . T_k AI
As you are aware, there was a late hour discovery of numerous significant iteml of defective work
perfonned by the previous contractor, UEC, related to the fire alarm system, the Interior fire rated
sheet rock walls, the fiber optic and 4160 volt cable and the construction of the RO skids.
Therefore, it hu become necessary for M&E to provide a greater level of engineering support to
the County to assist in the resolution of these and other project related issues than we had
originally anticipated in late April. At that time. we had previously advised the County that
adequate funding was remaining In our project budget to complete this project.
It Is currently anticipated that most of the efforts connected with this task will be to provide the
engineering services necessary to support the County's efforts to resolve these and other issues
that have been identified by the County's Project Manager as being necessary for the completion
of this project. In addition to M&E's staff, It Is also expecled that assistance from our project
subcontractors, Hillers and Hazen and Sawyer, may also be required to satisfactorily complete
the work.
In order to establish a budget with an adequate level of funding, we recommend that an amount
of $46,400.00 be budgeted for the remaining period of the project. This estimate Is based upon
the assumption that all field construction activltiea are anticipated to be complete by August 1,
2005 and only activities related to processing of final contractor Invoicing and the submission of
Agenda Item No. 16C4
July 26, 2005
Page 10 of 12
-dose our documentation will occur in the months following the August 1- date. The contract
time wiD also be extended 120 days to December 1. 2005. It must be pointed out that the actual
level of eflbrt required to achieve the goal of final completion cannot be accuratBly defined at this
time; therefore, we recommend that aD services provided In connection with this task be furnished
on a Time and MaterIal basis.
A detailed breakdown of our recommended budget for this task is presented In Table No.1, which
is attached to this document
eon.tructIon IIaIIaCIeIIIent SuDDOl't- T_ A7
As outlined In the above sectlon on engineering support, the number of significant Items of work
still requiring corrective actions is much greater than that which was anticipated In April when we
evaluated our original budget. Therefore. to enable us to continue to provlcle the County with
Construction Management support, using a level of effort similar to that previously provided for
these items, as weB as for the remainder of the project, additional senior level management
support will be required.
At this time, we recommend that a budget of $42,160.00 be established to provide an adequate
level of funding for this task. This estimate 18 based upon the assumption that aI field
construction activities are anticipated to be complete by August 1. 2005 and only activities related
to processing of final contractor invoicing and the submission of -close our documentation will
occur In the months following the August 1- date. It should be noted that the actual level of effort
necessary to complete the scope of serviCes depends upon the number of issues that arise. At
this time, such a number cannot be accuratBly defined; therefonI, It is recommended that all
services pl'oYided in connection with this task be fuml8hed on a Tme and Material basis
A detailed breakdown of our recommended budget for this task is presented in Table No.1, which
Is attached to this document
Based on the Information provided in this correspondence, we are respectfully asking that you
consider our request to amend the contract to reftecl: the current conditions and schedule for this
project and that the following amendments be Implemented:
Add task bu
Add task
We appreciate your thoughtful and careful consideration of this matter. Please be assured that
our intentions have always been to serve the best Interests of Coller County and all work on this
project has been executed In good faith. Technical proficiency. financial accountability and
professlonallntegrtty are the hallmarks of our corporate philosophy and we have always directed
all our efforts toward providing the County with value and quality for funds expended.
Sincerely,
METCALF & EDDY, INC.
Richard J Ulkus
Project Manager
RJIdc
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Agenda Item No. 16C5
July 26, 2005
Page 1 of 20
.-.
EXECUTIVE SUMMARY
Recommendation to approve Work Order HS-Ff-05-04 with Hazen and Sawyer, P.C., in
the amount of $185,930 for professional engineering services related to the North County
Regional Water Treatment Plant (NCRWTP) Well Field Reliability Program, Projects
71006, and 71011.
OBJECTIVE: To obtain Board approval for a work order under the Fixed Annual Term
Professional Utility Engineering Services Contract #00-3119 for engineering services related to
the well field reliability program.
CONSIDERATIONS:
Public Purpose: To increase the reliability of our water production facilities to ensure adequate
capacity to meet the water demands of our customers.
Scope: The scope of this proposed work order includes professional engineering services to be
performed by Hazen & Sawyer, P.C. (H&S) as follows:
--
1. Lower Hawthorn Reliability Wells and Transmission Main (project 71006) - Permitting,
constmction administration, construction observation, startup, testing, and operational
training for three new Lower Hawthorn reliability wells and transmission mains.
2. Hawthorn Zone 1 Reliability Wells (project 71011) - Design, permitting, construction
administration, construction observation, startup, testing, and operational training for two
Hawthorn Zone 1 reliability wells.
3. 12th Avenue Northwest Tamiami Interconnect (Project 71006) - A feasibility review, cost
evaluation, and preliminary design for a temporary booster pumping station for the 12th
Avenue Tamiami Interconnect pipeline project.
Legal. Purchasing. and/or Finance Department Guidance: The County Attorney's Office will
review the work order for legal sufficiency prior to the Chairman's signature. The Clerk's
Finance and Accounting Division has reviewed the information contained herein.
Procurement: Staff has negotiated a work order with H&S and has determined that the scope and
lump sum fees are fair and reasonable. The scope of the work order is consistent with the intent
of the Fixed Annual Term Professional Utility Engineering Services Contract #00-3119. The
fees are commensurate with the level of complexity and order of magnitude of this project. A
copy ofthe proposed work order is attached.
-
Executive Summary
Approve Work Order HS-FT-05-04
Page 2
Agenda Item No. 16C5
July 26, 2005
Page 2 of 20
FISCAL IMPACT:
FY 05 Funding: Funds in the amount of $101,138 and $84,792 are available in Project 71006-
NCRWTP Reverse Osmosis Reliability Well Field, and 71011 - Mid Hawthorn Zone 1
Reliability Well Field, respectively. The source offunds is Water User Fees.
Total Estimated Project Costs: The total project cost for the three new Lower Hawthorn
reliability wells is $2,708,900. The total project cost for the two new Mid Hawthorn Zone 1
reliability wells is $1,795,000. The total project cost for the 12th Avenue Interconnect Piping
Temporary Booster Pumping Station is $13,360 in engineering evaluation costs only.
GROWTH MANAGEMENT IMP ACT: This project will have no impact on growth
management. The proposed contract is consistent with the 2003 Water Master Plan Update as
adopted by the Board on May 25, 2004 as Agenda Item 10D, and the FY05 Water Capital
Budget approved by the Board on September 23, 2004.
RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio
Governing Board of the Collier County Water-Sewer District:
A. Award Work Order HS-FT-05-04 to Hazen and Sawyer, P.C., in the amount of$185,930.
B. Authorize the Chairman to sign the work order agreement after approval by the County
Attorney's Office.
PREPARED BY: Peter Schall, PMP, Senior Project Manager, Public Utilities Engineering
Department
AgendCi ItElm No, 16C5
July 26, 2006
Page 3 or .20
COLLIER COUNTY
BOARD Of COUNTY COMMISSIONF.RS
ItMn Number
Item SummlfY
16C5
p.eOOrnlmll1dllliol1 to apl}r'lvfI Wolir Oro'Jr HS-FT-fr3-Q4'W11h Hil2t!1'I ilNl S..W)'I.H, P.I.: In
\h!l amlJunt IJf ~185,93D to,' pro"~"$,on.1 t:ngintl-e,ing services reillled to the North Count.1'
Regionlll \''h!er TrBa!mB'11 PI",n! (NCR\,VTP) V'JflI! ;:j<Jlrl Rttlillhil'tr P"lgram. PmJt!Gts.
"1006, an(j 71011
712l'l:?005 9:00:00 AM
M..t1ng DIIte
Appro\led By
PilUI Mm1ill,,,"a::h
W.-1tN Oirel:to,
Ool,
Publi..Utilitin!ll
WatN
7:1112005 !l:~'AM
Approved By
Thomas Wid~1i
Opef;rlilln... Dlrer.IM
D;rtr.
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WORK ORDER # HS-FT -05-04
Agenda Item No. 16C5
July 26. 2005
Page 4 of 20
"PROFESSIONAL UTILITY ENGINEERING SERVICES"
Contract #00-3119, Dated April 10, 2001, and Its Renewals
This Work Order is for Professional Engineering Services, subject to the terms and conditions of the Contract
referenced above, for work known as:
Project: NCRWTP WELL FIELD RELIABILITY PROGRAM
The work is specified in the Hazen & Sawyer's price proposal dated ADrll 26. 2005. which is attached hereto
and made part of this Work Order. In accordance with terms and conditions of the Agreement referenced
above. Work Order # HS-FT -05-04 is assigned to Hazen & Sawyer. P.C.
Scope of Work: See pages 3 of 15 through 13 of 15 of attached Work Order HS-FT-05-04 (Attachment A) for
a detailed description of the scope of this work order.
Schedule of Work: See page 15 of 15 of attached Work Order HS-FT-05-04 (Attachment A) for a detailed
description of the schedule of this work order, however complete all work by May 30, 2006.
Compensation:
In accordance with Item 4 of the Agreement, the County will compensate the Firm in accordance with the
lump sum amount provided in the schedule below.
Task Total: $185,c:no(LumD Sum) as detailed on Dace 14 of 15 of attached Work Order HS-FT-05-04
(Attachment A).
Pel.€WC30 6y;
ATTEST:
Dwight E. Brock, Clerk
REVIEWED BY:
By:
By:
Deputy Clerk
Fred Coyle. Chairman
Approved as to Form and
Legal Sufficienc
,..--.
A
Accepted By:
Hazen and Sawyer, P.C.
ATTEST:
(Corporate Secretary)
By:
By:
AfbJ-/l'1 ~ .
Sign~ 7
ALBERT MUNIZ I VICE PRESIDENT
Type Name and Title
d~~--
(1 )
(2)
ROBERT B. TAYLOR
Print Name
DANIEL G. BURDEN
Print Name
FUND: 412 COST CENTER 273512 OBJECT CODE: 631400 Project No. 710061
Agenda Item No. 16C5
July 26, 2005
Page 5 of 20
ATTACHMENT A
Collier County
County Work Order HS-FT "()5"()4
Collier County Project No.: 71006 & 71011
North County Regional Water Treatment Plant (NCRWTP)
Lower And Zone 1 Hawthorn Reliability Wells Project
Date: April 26, 2005
PREAMBLE
The Board of County Commissioners of Collier County (hereinafter COUNTY) requested Hazen and
Sawyer, P.C. (hereinafter CONSULTANT) to provide engineering services for design and
construction of new water supply wells to supply raw water to the North County Regional Water
Treatment Plant (NCRWTP) reverse osmosis (RO) treatment units. Currently, the NCRWTP RO
treatment units are supplied with raw water from Lower Hawthorn (brackish water) raw water supply
wells. Recent events have mandated that several wells be removed from service due to increased
salinity, This has raised concerns due to lack of backup supplies. Hence, the COUNTY has
initiated several projects to provide reserve reliable capacity in the event that additional wells are lost
due to increased salinity.
This CONSULTANT is involved in three projects that are related to the overall wellfield reliability
project. These projects are listed below with a brief description to provide a historical perspective of
the work underway:
. Lower Hawthorn Reliability Wells and Transmission Main - This project was approved
under Work Dreier HS-FT-04-01 and includes the addition of three Lower Hawthorn
Wells.
. Hawthorn Zone 1 Reliability Wells - The Hawthorn Zone 1 Reliability Wells project
includes the addition of eight (8) water supply wells. This project was authorized under
Work Dreier HS-FT -04-03.
. 12th Avenue Northwest Tamiami Interconnect - 12th Avenue Interconnect project is
intended to tie-in a portion of the existing Tarniami Wellfield to the RO wellfield via an
interconnect located along 12th Avenue Northwest and includes a booster pump station
located at the easternmost limits of the existing RO wellfield. Services for this project
are being provided under Work Oreler HS-FT -04-05.
A total of ten (10) Hawthorn Zone 1 and three additional Lower Hawthorn raw water supply wells are
proposed to avoid a potential water supply deficit and/or disruption to water service in the event of
an unplanned problem with an existing well. This will be achieved by adding ten new Hawthorn
Zone 1 brackish water supply wells in advance of the need to repair or replace an existing well which
could potentially create an inability to meet peak water demands. These new "reliability" wells will
provide reliability in the wellfield system so that existing wells can be removed from service without
causing a disruption in finished water production. The proposed Hawthom Zone 1 wells are
200504-2641010-001 3 5.doc 6/28/2005
Page 1 of 15
Agenda Item No. 16C5
July 26, 2005
Page 6 of 20
anticipated to be located at existing and proposed well sites, which selVe the NCRWTP.
Work efforts associated with the wellfield reliability projects were initiated on a time-and-materials
basis to account for unforeseen, unanticipated design changes and additional regulatory
requirements. This approach proved to be prudent as it allowed for flexibility in design to
accommodate easement acquisition issues, permitting requirements, land development
requirements, and procurement of contractors.
Engineering efforts have proceeded expeditiously during the design and permitting phases of these
projects, and for portions of the construction oversight. Correspondence to the County from Hazen
and Sawyer dated October 13, 2004 and December 1, 2004 summarized some of the additional
items that are required during the design and permitting phases. At this time. additional scope and
fees are required to complete the ongoing efforts,
Earlier work orders related to the wellfield reliability project included services for design, permitting
and construction oversight of up to eight (8) additional Hawthorn Zone 1 wells. The County wishes
to increase the total number of Hawthorn Zone 1 wells to ten. This is an increase of two additional
wells, and will require this proposed scope and resultant work order to perform the work and to
provide the needed reliability. It should be noted that in addition to providing reliability for the
existing wells, the Hawthorn Zone 1 wells are intended to recover the capacity loss due to increased
salinity in four of the County's seventeen North County RO wells.
Permitting allocation for the proposed wells is being obtained from the South Florida Water
Management District (SFWMD). The SFWMD has issued a permit for the three (3) Lower Hawthorn
wells and is in the process of permitting the remaining five (5) additional Hawthorn Zone 1 wells.
The SFWMD issued a Water Use Permit (WUP) with no increase in allocation for the first five
Hawthorn Zone 1 wells (i.e., RO-101N, RO-102N, RO-114N, RO-115N and RO-116N) at the March
2005 SFWMD Board Meeting. The remaining five Hawthorn Zone 1 wells will be permitted with a
unified WUP that will be submitted by others (under separate contract) in the spring of 2005. The
unified WUP will also include the new South County RO Wellfield for the new 12-mgd plant
expansion under a separate project number and contract.
Previous work orders assumed that single contracts would be prepared for mechanical and
electrical components of these projects; however, this approach was amended to accelerate
completion of critical components. Additional design efforts are required to accommodate COUNTY
schedules and permitting requests from various regulatory agencies. Examples of additional efforts
include preparation of a performance bid package necessary for a temporary booster pump station
for the 12th Avenue NW Interconnect, individual bid packages for tie-ins to the existing transmission
main, and individual bid packages with and without pre-purchase of equipment and materials for
wells RO-101 Nand RO-102N. An individual performance bid package is also necessary to provide
the appropriate electrical requirements for the new wells and the proposed permanent booster pump
station. As a result of the above approach, additional design and construction oversight is required.
A final element that is needed to secure Hawthorn Zone 1 well sites is the engineering drawings
required to support additional easement acquisitions. Drawings are required for each site to
evaluate proposed layouts from surveying and prepare sketches, legal descriptions, and design.
This proposal includes additional fees for the work required to oversee construction of the additional
two wells.
The current procurement strategy is to prepare individual bid packages for equipping Hawthorn
Zone 1 wells RO-101N and RO-102N. These two bid packages will be procured via the COUNTYs
200504-2641010-0013 5.doc 6/2812005
Page 2 of 15
Agenda Item No. 16C5
July 26, 2005
Page 7 of 20
fixed term annual utility contractors. A separate bid package will then be prepared for equipping the
remaining three Hawthorn Zone 1 wells (i.e., RO-114N, RO-115N and RO-116N). The bid package
for these three wells will be competitively bid.
This work order provides engineering services for the following items:
Task 1: Lower Hawthorn Reliability Wells and Transmission Main -permitting, construction
administration; construction observation, startup and testing, and training support for the
elements of the reliability improvements needed to complete the additional proposed
improvement for the Lower Hawthom Reliability Wells and Transmission Main.
Task 2: Hawthom Zone 1 Reliability Wells - design, permitting, construction administration,
construction observation, startup and testing, and training support for operational personnel
for the elements of the reliability improvements needed for the Hawthom Zone 1 Reliability
Wells.
Task 3: 12lh Avenue Northwest Tamiami Interconnect-design services related to design of
a permanent booster pump station for the 12lh Avenue Northwest Tamiami Interconnect
project.
SCOPE OF SERVICES
TASK 1 - LOWER HAWTHORN RELIABILITY WELLS AND TRANSMISSION MAIN
Services for the above task are presented, as required, in the following order:
Task 1.1 - Preliminary Design
Task 1.2 - Final Design
Task 1.3 - Permitting
Task 1.4 - Construction Bid Services
Task 1.5 - Construction Contract Administration
Task 1.6 - Detailed Observation
Task ,1, 7 - Additional Services
1.1 - Preliminary Design
Preliminary design has been completed therefore no additional services are required.
1.2 - Final Design
Final design has been completed therefore no additional services are required.
1.3 - Permitting
Permitting has been completed therefore no additional services are required.
1.4 - Construction Bid Services
This proposal includes bidding services for the two additional wells. CONSULTANT will prepare bid
packages, conduct bid meeting, issue addenda, issue pre-bid minutes, evaluate bids, and write
recommendation letter.
200504-2641010-0013 5.doc 6/28/2005
Page 3 of 15
Agenda Item No. 16C5
July 26, 2005
Page 8 of 20
1.5 - Construction Contract Administration
The majority of the construction contract administration will be performed under Work Order HS-FT-
04-01; however, a portion of the anticipated services will be completed under this Work Order.
Services provided in this Work Order will focus on shop drawing review for Bid Package B -
Pumping and Transmission Facilities.
CONSUL TANT will review shop drawings and other submittals that the contractor is required to
submit by the Contract Documents. Reviews shall be completed within twenty-one (21 ) calendar
days of CONSUL TANT's receipt of the submittal except for special items requiring longer review
time if so noted in the Contract Documents. The review shall be for conformance with the design
intent and compliance with the information presented in the Contract Documents. Determine the
acceptability of materials and equipment proposed by the contractor.
Shop drawings shall be returned to the contractor with CONSUL T ANTs written comments and
recommendations concerning their completeness under the Contract Document. One copy of each
shop drawing will be retained and submitted to the COUNTY at the end of the project.
1.6 - Detailed Administration
The majority of the detailed observation will be performed under Work Order HS-FT -04-01;
however. a portion of the anticipated services will be completed under this work order for the
additional two wells. Services provided in this Work Order will focus on specialty inspections for Bid
Package A - New Wells. and Bid Package B - Pumping and Transmission Facilities.
For Bid Package A, furnish the periodic services of engineering staff experience in water supply well
construction to supplement the resident project representative (RPR) during the construction period
as appropriate to perform specialized inspections associated with work and compliance reporting in
accordance with regulating agency construction permit sworn statement requirements.
For Bid Package B, furnish the periodic services of the design engineers (i.e., Instrumentation.
Electrical. Structural, Mechanical. PlumbinglHVAC. etc.) to supplement the RPR inspections to
ensure compliance with the Contract Documents.
Specialty inspection labor shall include attendance at field meetings requested by the COUNTY.
1.7 - Additional Services
This Work Order provides the majority of the additional services that are required to complete this
task. More specifically, the tasks will include Start-up, Testing and Operator Training, Operation and
Maintenance Manual Update, and Updating of the AIIMax CMMS Data Table.
1.7.1 - Startup, Testing and Operator Training
For Bid Package B, in association with the contractor shall participate in control system field tests,
witnessed loop checks, and control system startup (in accordance with the approved construction
schedule) and the specified fi nal acceptance testing program to ensure proper interaction between
the HMI software graphic displays, databases. driver tables, PLC network data tables and control
logic developed by the instrumentation and control system supplier.
200504-2641010-001 3 5.doc 6/28/2005
Page 4 of 15
Agenda Item No. 16C5
July 26, 2005
Page 9 of 20
Equipment and software training shall be provided by the contractor and coordinated by the RPR.
The Contractor shall provide instructional meetings with the facilities operational staff to cover both
the basic concept of operation of the new wells under normal and anticipated abnormal operating
conditions including response to failure occurrences and system alarms. It is anticipated that the
training will be completed in general conformance with the following training sequence:
1. Contractor shall deliver written O&M manual section(s) updates to CONSUL TANT
for review. Upon acceptance by CONSUL TANT, CONSULTANT shall submit to
COUNTY.
2. Contractor submittal of training and testing plan and schedule to CONSUL TANT.
3. Upon CONSULTANTapproval of training and testing plan and schedule Contractor
will complete system startup and testing. CONSULTANT shall witness control
system startup and testing and certify for permitting purposes.
4, Contractor performs control system operator classroom training sessions.
1.7.2 - Operation and Maintenance Manual Update Assistance
Update the existing Operation and Maintenance (O&M) Manual for the new improvements to include
the new wells. The manual update shall include a description of how the process is designed to
operate, control system interface points and general operational procedures. The manual shall also
consolidate maintenance information and design parameters for the various equipment items.
Five copies of the draft O&M manual shall be submitted to the COUNTY in ring binders for review
and comment. Five final copies of Operation and Maintenance Manuals in ring binders, together
with three copies in electronic format on CD-ROM, shall be prepared specifically for this project.
Operation and Maintenance manuals shall focus upon providing personnel with a clear description
of the process, operating theory, normal and potential abnormal operating conditions and corrective
procedures to maintain the process within compliance levels, as well as the following routine policies
and procedures:
1. Process sampling and frequency
2. Emergency response
3. Equipment checks
4. Lubrication schedules
5, Vendor I Supplier contact information
6. Well operation procedures
Operation and maintenance manual shall include a schematic illustrating all wells at the wellfield.
Operation and maintenance manual shall include a well operating and sequencing protocol for
startup of treatment plant membrane skids.
Detailed equipment operation and maintenance manuals of all contractor furnished equipment will
be furnished to COUNTY by the Contractor in accordance with the construction contract documents.
200504-2641010-001 3 5.doc 6/28/2005
Page 5 of 15
Agenda Item No. 16C5
July 26, 2005
Page 10 of 20
All printed copies of the manuals furnished by CONSULTANT shall be assembled and bound in
separate volumes. Electronic copies shall be submitted in Microsoft Word WPD, AutoCAD DWG, or
Adobe PDF file fonnats, as appropriate.
COUNTY has standardized on the AIIMax Task Manager (A TM) computerized maintenance
management system (CMMS) for the scheduling of preventive and corrective maintenance tasks.
COUNTY will provide CONSULTANT with an electronic copy (in Microsoft Excel fannat) of the
maintenance database table. CONSUL TANTshall populate this template table with maintenance
schedule and maintenance procedure data supplied in the detailed equipment operation and
maintenance manuals of all equipment furnished under this project. CONSULTANT shall provide
the COUNTY with the electronic copy of the populated maintenance data table. COUNTY will
update the AIIMax Task Manager software with the populated maintenance data table.
TASK 2 - HAWTHORN ZONE 1 RELIABILITY WELLS
Services for the above task are presented, as required, in the following order:
Task 2.1 - Preliminary Design
Task 2.2 - Final Design
Task 2.3 - Pennitting
Task 2.4 - Construction Bid Services
Task 2.5 - Construction Contract Administration
Task 2.6 - Detailed Observation
Task 2.7 - Additional Services
2.1 - Preliminary Design
Preliminary design has been completed therefore no additional services are required.
2.2 - Final Design
Final design will include two additional Hawthom Zone 1 wells. The design includes services from
acquisition of easements through final design of surface facilities. In addition, individual bid
packages are required to accelerate the procurement process. General services provided are
outlined below.
2.2.1 - Engineering Design Survey
Employ the services of a Certified Land Surveyor in the State of Florida to perfonn an Engineering
Design Survey. The Engineering Design Survey shall include the following:
1. In the survey area locate all existing aboveground pipes, valve boxes, water/electrical meter
boxes, electrical pull boxes, telephone/cable risers, fences, hydrants, aboveground utilities,
wood/concrete utility poles, overhead electrical lines, culverts, guardrails, pavement limits,
headwalls, endwalls, manholes, vaults, mailboxes, driveways, side streets, right-of-ways
limits, landscaping, traffic signage, other signage and any other improvements;
2. Provide boundary survey information that identifies all utility, drainage, electric power, and
canal easements and rights-of-way; and provide information on existing zoning and setbacks
for each zoning code within and adjacent to the survey area;
200504-2641010-0013 5.doc 6/2812005
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Agenda Item No. 16C5
July 26, 2005
Page 11 of 20
3. Within the survey area survey the locations of vegetation and individual trees (native and
exotic). Trees greater than four (4) inches in diameter shall be located and identified as to
caliper and type;
4. Produce a complete engineering design base map (geometric control plan) including all
right-of-ways, easements and plats. The surveyor shall attempt to locate front property
corners throughout the project. Data shall be compiled from recorded plats and field located
property comers. Establish horizontal and vertical survey base line at 100-foot stations, nails
set at 50-foot stations, cross sections at 25-foot stations and benchmark set at every 300-
feet station. The Geometric Control Plan shall be related to the Florida State Plan
Coordinates and shall be based on NAO 1983/90.
5. Prepare sketches and legal description(s) of the properties where the three new wells will be
located. The COUNTY Real Property agent will acquire the easements needed for the three
new well locations.
6. Provide a general description, including aerial photo, showing the location of the proposed
raw water transmission pipeline and new FPL power supply. The COUNTY Real Property
agent will provide all services (including legal description survey) to acquire the easements
needed for the proposed raw water transmission pipeline and new FPL power supply.
7. GIS location data on valves, wellheads and other pertinent structures.
2.2.2 - Geotechnical Investigation
CONSUL T ANT shall employ the services of a geotechnical specialty firm, to perfonn soil borings, in
accordance with the Standard Penetration Tests (ASTM 0-1586) procedure. An average depth of
15 feet per boring has been assumed. A Geotechnical Report will be prepared to provide
recommendations on the foundation design, Recommendations shall include recommended sub-
surface preparation procedures, inspection requirements and testing requirements. Geotechnical
Report shall include recommendations on pipeline trenching. backfill and compaction.
2.2.3 - Prepare 600/0 Contract Documents
Prepare the preliminary design (i.e., 60% design stage) contract documents (i.e.. drawings and
technical specifications). Prepare contract documents for bidding as one package.
Prepare cost estimates to provide COUNTY with an up to date progress estimate of projected
probable construction costs. Estimates will be prepared and forwarded to COUNTY at the 60%
design completion stage.
Schedule review meetingslworkshops to receive input at the 60% design completion stage. Based
on comments received make subsequent revisions to the documents. This does not include out of
scope changes outside of the recommendations identified in the final preliminary design
memorandum.
Furnish eight (8) sets of the 60% contract documents and 60% opinion of probable construction cost
for each bid package.
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Agenda Item No. 16C5
July 26. 2005
Page 12 of 20
2.2.4 - Prepare Final Contract Documents
Based on input received at review meeting, prepare the final (100%) contract documents (Le.,
drawings and specification) and cost estimate.
Conduct a 100% completion stage project peer review to provide QA/QC of the final contract
.documents and cost estimate prior to submittal. The review shall include final interdisciplinary
checks, general coordination and constructability issues, and shall be conducted by senior level
personnel.
Furnish eight (8) sets of the final (100%) contract documents and opinion of probable construction
cost for the bid package.
Approximately two (2) weeks after delivery of the final (100%) contract documents schedule a final
review meeting so that any changes that may be necessary to meet the project's budgetary
requirements can be incorporated. This does not include out of scope changes outside of the
recommendations identified in the final preliminary design memorandum.
Furnish eight (8) sets of the final contract documents bid package, revised per items addressed
under final review meeting.
2.3 - Permitting
Permitting has been completed within the existing budget therefore no additional services are
required.
2.4 - Construction Bid Services
A portion of the construction bid services was included in Work Order HS-FT -04-03. Additional
services are required to accommodate the individual bid packages procured during bidding.
Services to be provided during the bidding and award phase are as follow:
1. Attend pre-bid meeting with prospective bidders;
2. Prepare and issue addenda as appropriate to interpret or clarify contract documents;
3. Provide COUNTY with a recommendation as to the acceptability of subcontractors, suppliers
and other persons and organizations proposed by the bidders for those portions of the work
as to which such acceptability is required by the contract documents;
4. Provide COUNTY with a recommendation to make a contract award, as necessary.
2.5 - Construction Contract Administration
Work Order HS-FT -04-03 provided construction contract administrative services for eight wells.
This Work Order provides those same services for an additional two wells.
CONSULTANT will review shop drawings and other submittals (except detailed construction
progress schedules) that the contractor is required to submit by the Contract Documents. Reviews
shall be completed within twenty-one (21) calendar days of CONSUL TANT's receipt ofthe submittal
200504-2641010-001 3 5.doc 6/28/2005
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Agenda Item No. 16C5
July 26, 2005
Page 13 of20
except for special items requiring longer review time if so noted in the Contract Documents. The
review shall be for conformance with the design intent and compliance with the information
presented in the Contract Documents. Determine the acceptability of materials and equipment
proposed by the contractor.
Shop drawings shall be returned to the contractor with CONSULTANTs written comments and
recommendations concerning their completeness under the Contract Document. One copy of each
shop drawing will be retained and submitted to the COUNTY at the end of the project.
2.6 - Detailed Observation
Detailed observation services were provided for eight Hawthorn Zone 1 wells under Work Order HS-
FT-Q4-03. This Work Order provides services for two additional Hawthorn Zone 1 wells.
2.6.1 - Resident Project Representative
Furnish Resident Project Representative (RPR) to observe performance of the work for two
Hawthorn Zone 1 wells. The RPR duties and responsibilities are as follows:
· Construction Observation - Conduct on-site observations of construction in progress to
assist in determining if construction is proceeding in substantial accordance with the
Contract Documents, and that completed construction conforms to the Contract
Documents. Inform COUNTY and the Contractor whenever RPR believes that any
construction is unsatisfactory, faulty or defective or does not conform to the Contract
Documents, or does not meet the requirements of any inspections, tests or approval
required to be made, or has been damaged before final payment.
· PhotoaraDhic Record - Provide a photographic record of the construction, beginning
with pre-construction documentation and completing with post-construction photographs.
Photographs shall be digital type taken to define the progress of the project and unusual
or important construction events as deemed necessary.
· General Coordination - Coordinate' submittal of O&M manuals, operation and
maintenance training plans and schedules, startup and testing plans and scheduled, and
assist the COUNTY to establish a schedule and venue for training sessions. Oversee
substantial and final completion inspections, coordinate delivery of spare parts and
warranties, and maintain the punch list. Upon RPR issuance of a punch list for a
substantially complete work element, the RPR shall follow up to assure that punch list
items are corrected and/or completed.
· Coordinate Laboratorv Testina - Coordinate with COUNTY's testing laboratory to
schedule water sample collection and laboratory tests as requested by the contractor
and required by the Contract Documents.
· Observe Reaulatory Aaency Insoections - Accompany visiting inspectors representing
public or other agencies having jurisdiction over the project, record the outcome of these
inspections in the daily reports which shall be recorded on CONSUL TANT's standard
forms.
· Daily Loa - Keep a daily diary and / or log book recording hours on the job site, weather
conditions, data pertaining to questions of extras or deductions, list of visiting officials
200504-2641010-0013 5.doc 6128/2005
Page 9 of 15
Agenda Item No. 16C5
July 26, 2005
Page 14 of 20
and representatives of manufacturers, fabricators, suppliers and distributors, daily
activities, decisions, observations in general and specific observations in more detail as
in observing test procedures. Forward the RPR's completed dally logs to the COUNTY
on a regular basis.
. Construction Prooress Meetinas - Chair periodic progress meetings with the
construction contractor and the COUNTYto review project status and identify issues that
may affect the project schedule. Such issues may include suggested changes and/or
methods to keep the project on schedule (except for the construction contractor's
means, methods, techniques, sequences or procedures of construction). Prepare and
issue written meeting minutes to the COUNTY and the Contractor. Additional
representatives of CONSUL rANT (Le., technical experts, project manager, etc.) shall
accompany the RPR as necessary during the construction period as specific needs
arise.
. Well Performance Testina - RPR shall coordinate with the well drilling contractor to
observe and record hydraulic information during the performance testing of the new
wells. The performance testing requirements will be outlined for the well drilling
contractor in the Contract Documents. Information to be recorded for use in design of
pumping equipment includes:
· Pumping rate
. Water levels every two minutes during the pumping period
. Static water level prior to pumping
· Drawdown
. Geoloaical Loa - Collection and analysis of drill cutting and preparation of a log of drill
cutting lithology.
2.6.2 - Specialty Inspections
For the well portion, furnish the periodic services of engineering staff experience in water supply well
construction to supplement the RPR during the construction period "as appropriate to perform
specialized inspections associated with work and compliance reporting in accordance with
regulating agency construction permit sworn statement requirements.
For surface facilities, furnish the periodic services of the design engineers (Le., Instrumentation,
Electrical, Structural, Mechanical, Plumbing/HVAC. etc.) to supplement the RPR inspections to
ensure compliance with the Contract Documents.
Specialty inspection labor shall include attendance at field meetings requested by the COUNTY.
2.6.3 - Substantial Completion Inspections
Conduct substantial completion inspections when requested by the contractor and the RPR
recommends that the work is sufficiently complete to warrant a substantial completion inspection.
During the substantial completion inspection the inspection staff shall prepare initial punch list items
requiring completion or correction to the satisfaction of COUNTY. The RPR shall be responsible for
maintaining the punch-list and issuing updates to the punch-list on a periodic basis. The RPR will
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Agenda Item No. 16C5
July 26. 2005
Page 15 of 20
also be attending the walk through to ensure that the punch-list items are completed to the
satisfaction of the COUNTY.
Prepare and issue up to seven certificates of substantial completion as warranted by the project
progress.
2.6.4 - Project Closeout Services
Upon the request of the contractor and concurrence of the RPR and the COUNTY, conduct final
inspections of portions of the project, as they are finished to determine if construction has been
completed in substantial accordance with the contract documents and the construction contractor
has fulfilled its obligations there under.
Based on the results of the final inspection, judge the work complete or not complete. If the work is
judged complete, issue a "notice of final acceptance and recommendation for final paymenr.
2.7 - Additional Services
This Work Order provides services for the two additional Hawthom Zone 1 wells. Work Order HS-
FT -04-03 provided the services required for the first eight wells.
2.7.1 - Startup, Testing and Operator Training
For the surface facilities, in association with the contractor, participate in control system field tests.
witness loop checks, and control system startup (in accordance with the approved construction
schedule) and the specified final acceptance testing program to ensure proper interaction between
the HMI software graphic displays, databases, driver tables, PLC network data tables and control
logic developed by the instrumentation and control system supplier.
Equipment and software training shall be provided by the contractor and coordinated by the RPR.
The Contractor shall provide instructional meetings with the facilities operational staff to cover both
the basic concept of operation of the new wells under normal and anticipated abnormal operating
conditions including response to failure occurrences and system alarms. It is anticipated that the
training will be completed in general conformance with the following training sequence:
1. Contractor shall deliver written O&M manual section( s) updates to CONSUL T ANT
for review. Upon acceptance by CONSULTANT, CONSULTANT shall submit to
COUNTY.
2. Contractor submittal of training and testing plan and schedule to CONSULTANT.
3. Upon CONSUL TANTapproval oftraining and testing plan and schedule Contractor
will complete system startup and testing. CONSULTANT shall witness control
system startup and testing.
4. Contractor performs control system operator classroom training sessions.
2.7.2 - Operation and Maintenance Manual Update Assistance
Update the existing Operation and Maintenance (O&M) Manual for the new improvements. The
manual update shall include a description of how the process is designed to operate, control system
200504-2641010-0013 5.doc 6/28/2005
Page 11 of15
Agenda Item No. 16C5
July 26, 2005
Page 16 of 20
interface points and general operational procedures. The manual shall also consolidate
maintenance information and design parameters for the various equipment items.
Five copies of the draft O&M manual shall be submitted to in ring binders for review and comment.
Five final copies of Operation and Maintenance Manuals in ring binders, together with three copies
in electronic format on CD-ROM, shall be prepared specifically for this.project.
TASK 3 _12TH AVENUE NORTHWEST T AMIAMIINTERCONNECT
Services for the above task are presented, as required, in the following order.
Task 3.1 - Preliminary Design
Task 3.2 - Final Design
Task 3.3 - Permitting
Task 3.4 - Construction Bid Services
Task 3.5 - Construction Contract Administration
Task 3.6 - Detailed Observation
Task 3.7 - Additional Services
3.1 - Preliminary Design
Preliminary design has been completed therefore no additional services are required.
3.2 - Final Design
Final design option for the 12th Avenue NW T amiamj Interconnect performance based bid package
for a temporary skid mounted pumping facility. Scope of services includes research of pumping
units within the utility industry to identify suitable manufacturers or vendors that can provide such
equipment.
A performance bid package will be prepared and submitted to County for procurement. A review
meeting will be held with the County and comments will be incorporated into a final bid package.
Eight (8) sets of the final (100%) bid package will be submitted to the County including an opinion of
probable construction cost.
3.3 - Permitting
Permitting assistance is included in Work Order HS-FT -04-05, therefore no additional services are
required.
3.4 - Construction Bid Services
Construction bid services is included in Work Order HS-FT -04-05, therefore no additional services
are required.
3.5 - Construction Contract Administration
Construction contract administration services is included in Work Order HS-FT -04-05, therefore no
additional services are required.
200504-2641010-001 3 5.doc 6/28/2005
Page 12 of 15
Agenda Item No. 16C5
July 26, 2005
Page 17 of20
3.6 - Detailed Administration
Detailed observation services is included in Work Order HS-FT-04-05, therefore no additional
services are required.
3.7 - Additional Services
Additional services is included in Work Order HS-FT -04-05, therefore no additional services are
required.
ASSUMPTIONS
The following assumptions were made in preparation of the above scope:
1. Contractor shall be responsible for providing marked up copy of engineering drawings to
show as-built conditions.
2. COUNTY will pay for all water quality sampling and analyses required by the contract
documents and/or permits for the first test. If the test fails, the contractor shall be
responsible for payment of all charges associated with subsequent tests.
3. Engineering fees for construction phase services are based upon 8-hour workdays, Monday
through Friday, excludes work on weekends and COUNTY holidays. Assistance for claims
litigation is not included.
4. It is assumed that Florida Power and Light shall be responsible for obtaining construction
permits for the construction of their facilities.
5. COUNTY will assist in coordinating site access for construction of the new production wells.
6. The COUNTY will provide to-scale (if available) hard copies of all available documents (Le.,
design drawings, record drawings, shop drawings, Atlas maps, and any other improvements
records) that show the location of all existing wells and raw water transmission system
piping. CONSULTANTshall review these documents to develop a map based schematic
model, in electronic format, of raw water system that serves the North County Regional
Water Treatment Plant.
7. It is understood that during the timeframe in and around the anticipated new well
construction and completion, simultaneous commensurate work may be underway for
upgrade of the NCRWTP SCADA system to Intellution iFIX, which mayor may not include
modifications to the SCADA system architecture. This work, under the direction of Carollo
Engineers, may have an impact or other ramifications on the decisions and direction of the
CONSULTANT'S control system design and system tie-in. Accordingly, CONSULTANT
shall endeavor to coordinate efforts with both the County and with Carollo and/or its
designated integrator/contractor(s) to ensure a consistent I&C product, one that has uniform
control strategy, streamlined integration, and full compatibility. Due to the uncertainty in the
timing and scope of the NCRWTP SCADA system upgrade project (designed by others)
CONSUL TANTs level of effort to coordinate the well control system design with the
NCRWTP SCADA system upgrade cannot be known.
200504-2641010-0013 5.doc 6/2812005
Page 13 of 15
Agenda Item No. 16C5
July 26, 2005
Page 18 of 20
COMPENSATION
The compensation for engineering services provided under this work order shall be on a lump sum
basis for the total amount of $185,930.00. A cost breakdown by task for engineering services
described in this work order follows:
DESCRIPTION FEE
Task 1 - Lower Hawthorn Reliabilitv Wells and Transmission Main
Task 1.1 - Preliminary Design $0
Task 1.2 - Final Design $0
Task 1.3 - Permitting $0
Task 1.4 - Construction Bid Services $2,982
Task 1.5 - Construction Contract Administration . $8,572
--
Task 1.6 - Detailed Observation $28.896
Task 1.7 - Additional Services $46,788
Task 1 - Labor and Expenses $87,238
Task 2 - Hawthorn Zone 1 Reliability Wells
Task 2.1 - Preliminary Design $0
Task 2.2 - Final Design $34,472
Task 2.3 - Permitting $0
Task 2.4 - Construction Bid Services $0
Task 2.5 - Construction Contract Administration $7,064
Task 2.6 - Detailed Observation $34,020
Task 2.7 - Additional Services $6,236
Task 2 - Labor and Expenses $81,792
Task 3 -12'" Avenue Northwest Tamiamllnterconnect
Task 3.1 - Preliminary Design $0
Task 3.2 - Final Design $13,360
Task 3.3 - Permitting $0
Task 3.4 - Construction Bid Services $0
Task 3.5 - Construction Contract Administration $0
Task 3.6 - Detailed Observation $0
Task 3.7 - Additional Services $3,540
Task 3 - Labor and Expenses $16,900
Project Total $185,930
Pass through costs, such as excess shop drawing reviews, inspection overtime, and contractor
proposed substitution reviews shall be billed separately to COUNTYfor contractor reimbursement in
accordance with the construction contract documents.
NOTE: It is noted that this scope of services assumes services are based upon 8-hour workdays,
Monday through Friday, excluding COUNTYholidays. Should longer work hours, or weekend work
Attachment A Worlc Order HS-FT-05-04 7/13/2005
Page 14 of 15
'.
Agenda Item No. 16C5
July 26, 2005
Page 19 of 20
hours, be requested by the construction contractor and approved by the COUNTY, the COUNTYwill
deduct the corresponding overtime fees from the contractor, and will compensate the
CONSUL TANT accordingly. Should the construction period extend beyond the contract
construction period, appropriate adjustment of services and fee shall be made by amendment to this
Work Order.
SCHEDULE
The duration of major work tasks are summarized below with all work anticipated to be completed by
May 2006:
Completiori Time
from Notlce-to-
Description Proceec:tA
Task 1 - Lower Hawthorn Reliability Wells and Transmission Main TBD monthsB
Task 2 - Hawthorn Zone 1 Reliability Wells 12 monthsC
Task 3-12t" Avenue Northwest Tamiami Interconnect 3 months
Total Project TBO monthsD
Notes:
A - Will vary depending on County procurement process
B - Project schedule dependent on issuance of COES permit
C - Project schedule dependent on issuance of WUP from District
o - Overall schedule assumed, and is likely to vary depending on permitting
200504-2641010-0013 5.doc 6/28/2005
Page 15 of 15
Agenda Item No. 16C5
July 26. 2005
Page 20 of 20
EVENT
Land Acqu..ltion
P_lttln ".-
DesIgn "'71'-
Conatructlon ........
InllPectlon Inclln ~n
project TobIl $4.517'-
Project N_:
Recommended Action: Recommendation to approve Work Order HS-Ff-
05-04 with Hazen and Sawyer, P.C., in the amount of $185,930 for professional
engineering services related to the North County Regional Water Treatment
Plant (NCRWTP) Well Field Reliability Program, Projects 71006, and 71011.
Agenda Item No. 16C6
July 26, 2005
Page 1 of 17
~.
EXECUTIVE SUMMARY
Recommendation to reject all proposals submitted in response to RFP #02-3382,
"Commercial Source Separated Organic Waste and Biosolids Processing and
Beneficial Use" Project Number 73127
OBJECTIVE: That the Board of County Commissioners (BOCC) reject the three responsive
proposals submitted in response to Request for Proposals (RFP) # 02-3382 "Commercial Source
Separated Organic Waste and Biosolids Processing and Beneficial Use", that were brought to the
BOCC as part of Agenda Item lOA on March 11, 2003.
The public pwpose is to achieve the most cost-effective and technically advantageous method for
disposing of the sludge that is a by-product of the County's wastewater treatment plant process.
CONSIDERATIONS: In May 2002 the Collier County Purchasing Department sought proposals
in response to RFP #02-3382, "Commercial Source Separated Organic Waste and Biosolids
Processing and Beneficial Use". The intent of this RFP was to seek an alternate and beneficial
method for processing wastewater plant biosolids (commonly termed "sludge") to replace the
current procedure of transporting the sludge out of county and placing it in the Okeechobee
Landfill. An additional intent of the RFP was to seek a disposal process for the food waste
("Organic Waste") generated in Collier County. In the same RFP there was an invitation for an
alternate proposal to process yard waste. Four firms submitted proposals to the RFP, and three were
determined "responsive": those received from R&D Soil Builders Ine, Organic Soils of Collier
County LLC, and Synagro-Collier LLC. R&D Soil Builders, Inc. was selected over the other two
proposers responding to the RFP partially due to their bid being the lowest proposed price, and their
descnbed process (which involved composting the materials) projecting a beneficial use.
The selection of R&D Soil Builders was presented to the BOCC at the March 11, 2003 Regular
Meeting as Agenda Item lOA. Item lOA was an Executive Summary (see ATTACHMENT 1) to
present three separate Solid Waste Initiatives (Organic Waste and Biosolids Processing, Grease
Trap Waste Processing Facility, and Municipal Solid Waste Processing and Gasification) that were
in support of the development ofa long range integrated Solid Waste Management Strategy.
Following the presentation of findings discussed in the Executive Summary, the BOCC authorized
the Utilities Division Staff to commence price negotiations with R&D Soil Builders in order to
continue the Organic Waste and Biosolids Processing endeavor. Staff was also instructed to
present, at a later date, the negotiated contract and recommendations to the BaCC for further action
after negotiations had been closed.
At the outset of negotiation, R&D Soil Builders communicated that they would need the yard waste
(the alternate bid of RFP 02-3382) as part of their compo sting process but that Collier County's
yard waste contained foreign materials such as plastic bags and was not sufficiently clean for their
operation. They also stated that the Florida Department of Environmental Protection (FDEP)
required they build additional facilities (infrastructure) and obtain the specific permit to process
Collier County's raw untreated sludge that they were unaware of at the time of their proposal. R&D
noted that these activities would incur more expenses than they had originally planned.
Agenda Item No. 16C6
July 26,2005
Page 2 of 17
Negotiations were not productive thereafter for approximately two years, and in September 2004
R&D increased their per-ton fee from its original figure. This revised fee combined with the
necessary trucking charges resulted in total proposed expenditures that staff concluded were not
cost effective when compared to current costs to haul the sludge out-of-county.
An attempt to re-open negotiations with R&D was made earlier this year whereby staff met with
R&D Soil Builders. This meeting was followed by staff and outside legal counsel writing a letter to
R&D that briefly descnbed the milestones of the negotiation process and what we would need from
them in order to proceed (see A IT ACHMENT 2). Two important items requested in the letter were
1) the status of the R&D decision to seek the proper permit from the FDEP, and 2) a statement
declaring whether or not R&D could adhere to the prices quoted in 2002 (vice updated prices of
2004). In the response letter, R&D stated they would pursue proper permitting in the future but did
not indicate the status of prices. Given the long period of time without significant commitment on
R&D Soil Builder's part, and the omission of requested information following the County's letter,
R&D was deemed "non-responsive". Because of this non-responsiveness and the higher prices
associated with the other two proposers, staff believes rejection of all proposals is appropriate, and
has sent R&D a letter stating our position (see ATTACHMENT 3).
At this time there is no mandatory instruction to cease hauling biosolids out of the county, however,
Florida Department of Environmental Protection (FDEP) has indicated that it wishes to encourage
municipalities to seek alternate methods that will be construed as environmentally friendly.
Therefore staff has continued to seek alternatives to the disposal of sludge. At this time a new
course of action has tentatively been determined; staff is currently communicating with
representatives from Lee County about partnering with them in a Regional Biosolids Solution
investigation. Lee County has received proposals for an RFP for such a purpose, and Hazen &
Sawyer, Inc was selected as the consultant to perform the study. Staff therefore recommends that
the BOCC reject all proposals submitted for Bid # 02-3382. Further, staff is requesting direction
from the BOCC to engage Lee County to explore residuals management options as a joint project.
FISCAL IMP ACT: No funds are to be expended.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with
this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners rejects the proposals
submitted in response to Bid # 02-3382. No further action is recommended in connection with this
RFP.
PREPARED BY: R. Shane Cox, P.E., Senior Project Manager, Public Utilities Engineering
Department.
Agenda It~m No, 16C6
JU!y 26, 2005
Page 3 of 17
COLLIER COUNTY
BOA.RD OF COUNrf COMJ.lISSlONERS
ItMn Number
nem SumlNlry
1E-C6
Me.llng 61te
R$commerldation to 16Ject all proposal" &ubmltted in re5l)O"lM IQ RfF' _02-3382
"C'JI'I'I"'llIrcial SoUrC8 Seplllt'8tl-d Oryatllc; Wasle and BioE;l.1lids Proc;nllll\g .fl;j Bendicial
UfoS" PfOJllct Numbtlf i312i
7/26120059:00:00 AM
Approved By
Thmn.nW\rlf!j; Opll'f.1ltions Dlrec.lor M.
PubllcUtlllties Public Utllltlu OplellltlorlS TI1noos 4:26 PM
Approved By
1..)'l'IWuod Purch"s-ing AQenl Datt'
Ad....ini~trati"'1! tkrvicn Pllrd~<I,~in9 7r'.':aOO!":!.c.AM
Approved By
Roy B. Andu.lioll, P .E. Public UtIllU'lIIf Engineering DiretlOI "'..
Publlr.UtiDtlu Public UtiIlIUls. El'lght1!f!ring 'l"17I2UOS!:UJAM
Approved By
G.GeDl'gl! YlilTlolll SGlidWIII.s1..,Direetor D'"
PUbJitUtilltin Solid W.s~ U,.,2DIUi 1t:lIAM
Approved By
Jllme-.; W, DeL OilY PUbllr: UI/lltin Adnmu:Wtrllllor "'..
PubHc UlIIille!; Pu~l(: Ull1itltlS Admlnlslr,uioo 71m005 4:05 PM
Appreved By
OMS COotdlflilltm AoJl'flifllllh'..tl'leA.."ill!<tlllt Dlle
COUtlty Man.JIgl'r's, orne.. Offir;\! Df Miln..gnmr.nf & Budget 1111.'200& 3:47 PM
Approved By
R..ndy Gl~enwjfid ~nag&'Jll'flt!Budget An"l'lIt D...
COllnty Mawtgflr'i Officr. otfiC(\ Qf r,hm.otoment 3. BudQClf 7"-ZlllI54:1)PN
Approved By
Mlchnel SmykOW'fJlI M.nillJ~1 & Bud!lel Di'e(:lor D.",
County Mo'IN:rJl!!f"s Ol1'iCf! Offiu 01 M.tl'lo1gfJmenl " Bud~t 1:11i;ZBO$ ~:.40PM
Approved By
J.mell V. Mudd Counly Manlper D.t~
BoamnfCoLlnty County M<ln.g~r'>> Office- 1!11f201154:30PM
Commiuionnrs.
/'-......
)
i
"
".""
Agenda Item No. 16C6
July 26, 2005
Page 4 of 17
-')
i)
EXECUTIVE SUMMARY
PRESENT THE RESULTS OF THREE SOUD WASTE RFP INmATlVES, STATUS
OF LANDFILL GAS PROJECT, OPTIONS FOR A LONG-RANGE INTEGRATED
~, ~LI~!~TE.rAN~~~'E~2:r~~~wM~E~pA~~~O~~. c
OBJECTIVE: To present the Co ;ier County ("County") Board of County
Commissioners ("Board") with findings and recommendations concerning the
development of a long range, integrated, solid waste management strategy.
CONSIDERATIONS: The County's Solid Waste Management Department
("Department") is developing an integrated, multi-faceted program to provide
environmentally sound, cost effective, solid waste management services to the County's
citizens for 30 years or more. To help develop this Program, the Board authorized the
Department to issue requests for proposals ("RFPs") for three projects:
1. Commercial Source Separated Organic Waste and Biosolids Processing and
Beneficial Use (RFP #02-3382)
2. Grease Trap Waste Processing Facility (RFP #02-3315)
3. Municipal Solid Waste Processing and Gasification (RFP #02-3316)
\
,I This Executive Summary presents the Department's findings and recommendations
concerning these three RFP initiatives. This Executive Summary also describes the
status of a potential landfill-gas-to-energy project that would use the gas from the
Naples Landfill to generate electricity. Finally, this Executive Summary identifies some
-solid waste management optlons thatwould allow th~_gy\,U_lty to use tne Naplos Landfill
for 30+ years. - .. - - - ... -. - -. _.--
Commercial Source Separated Organic Waste and Biosolids Processing and
Beneficial Use (RFP #02-3382) -
Considerable quantities of organic rich waste (food waste) and biosolids are generated
in the County. Currently, the organic waste is disposed in the Naples Landfill and the
biosolids are hauled to the Okeechobee Landfill for disposal. The County's RFP
solicited firms capable of beneficially using these materials. The RFP contained a "put
or pay" guarantee - - i.e., the County guaranteed it would provide a combined total of
30,000 tons per year ("tpy") of food waste and biosolids to the successful Proposer or
else the County would pay a fee for any shortfall in its deliveries. The County f8f'eived
fOUf proposals in response to the RFP and three of the proposals were deemed
responsive. Each responsive proposal offered a different technology, but all three
technologies were detennined to be viable. Each responsive proposal presents the
County with different benefits, risks, and costs. (See Tables 1 and 2 of Appendix A,
attached hereto). After considering these factors and other relevant issues, the
County's Selection Committee ranked the responsive firms as follows:
NO. ItIiLjO ITfJ4(\
Page 1
MAR 1 1 2003
PG.._ /
/)
~
Agenda Item No. 16C6
July 26, 2005
Page 5 of 17
;
()
i)
1. R&D Soil Builders, Inc.
2. Organic Soils of Collier County, LLC
3. Synagro-Collier, LLC
R&D Soil Builders, Inc. offered to process the County's organic waste and biosolids at a
colil t~.ls~consicierably lower than the cost otferecUn the.other two responsive
proposals, and lower than the cost the County currently pays.
Grease Trap Waste Processing Facility (RFP 102-3315)
Grease trap waste is a pL Jblematic waste in the Coumys wastewater system.
Accordingly, the Board directed staff to identify methods of processing this material for
beneficial reuse. In November 2001, the County issued a RFP with a put or pay
guarantee to deliver 400,000 gallons of grease trap waste annually to the successful
Proposer. The County received only one proposal (Pacific Biodiesel, Inc.), but the
proposal was responsive and the proposed technology is viable. The benefits, risks,
and costs associated with Pacific Biodiesel's proposal are summarized in Tables 3 and
4 of Appendix B (attached). The County's Selection Committee concluded:~at Pacific
Biodiesel's proposal is too expensive to accept. Pacific Biodiesel is willing to provide its
services at a lower price if the County will guarantee the delivery of 2,000,000 gallons of
grease trap waste annually, but the staff is not confident that the County can satisfy this
guarantee at the present time.
Municipal Solid Waste Processing and Gasification (RFP #02-3316)
In June 2001, the Board directed staff to issue a RFP for processing and gasification of
the County's municipal solid waste ("MSW"). The Board selected the gaSifICation
technology, after considering many other options, as the preferred method of
processing the majority of the County's MSW. In November 2001, the County issued a
RFP for a gasification facility that could process 150,000 tpy of MSW. In conjunction
With the RFP, -the COl,lf~lyelltered into a Memorandum of Understanding "Vit'" Wa~t9
Management Inc. of Florida ("WMIP), - Whichconfirriled the County's right to divert-- -
150,000 tpy of MSW from the Naples Landfill to a clean gasification facility.
The RFP was based on the concept that a gasification facility would be cleve loped in
phases. With a phased approach, the County could: (a) reduce the County's risk if the
gasification facility was unsuccessful; (b) increase the capacity of the gasification facility
if and when it was deemed desirable; (c) compliment the County's existing landfill
operations; and (d) comply with the County's obligations to WMIF under the Landfill
Operations Agreement.
It also was anticipated that the gasification facility could serve as an alternate and
processing facility for biosolids and grease trap waste and the landfill gas.
Three proposals were submitted to the County. The proposals by Interstate Waste
Technologies C"IWT") and Brightstar Environmental (Florida), LLC C"Brightsta(,) were
deemed responsive. IWT has a viable technology and facilities that have been in
commercial operation since 1994. Brightstar has a promising technology, but no
facilities in commercial operation. The benefits and risks associated with the proposals
NO. AGlrd fro.
Page 2
MAR 1 f 2003
Of: .:L.
J
()
/}
Agenda Item No. 16C6
July 26, 2005
Page 6 of 17
..
...........
,/ 'J
by IWT and Brightstar are summarized in Table 5 of Appendix C (attached).
IWT would charge approximately $174 per ton, and Brightstar would charge
approximately $45 per ton, if the County delivers 150,000 tpy of MSW. \WT is willing to
provide its services at a lower cost if the County will guarantee 260,000 tpy of MSW, but
~:r:&I~~~.:OOC;:ls ';I~O .~:~~s ~~u~~~~,.
gasification facility in phases. Even if the County agr~rovide 260,000 tpy, the
cost of lWT's services is likely to be considerably higher than the cost of Brightstar's
services.
After considering all of the readily available information about the two responsive
proposals, the County's Selection Committee ranked IWT ahead of Brightstar..
However, IWT's cost proposal is too expensive to accept at this time.
Landfill Gas-to-Energy
The County's Landfill Operations Agreement ("LOA") with WMIF states that any landfill
gas-to-energy project ("LFGE Projectj at the Naples Landfill shall be developed jointly
by the County and WMIF. Accordingly, on May 28, 2002, the Board authorized the
Department to initiate negotiations with WMIF for a LFGE Project. The proposed LFGE
Project would extract gas trom the Naples Landfill and convey it to the County's South
Regional Water Treatment Plant, where the gas would be used to generate electricity
for the Water Treatment Plant. This LFGE Project is technically feasible and may be
" less expensive than purchasing electricity directly from Florida Power & Light Company.
\
,I However, the economic analyses for the LFGE Project indicate that the County may not
enjoy economic savings for more than 20 years.
The LFGE Project may become more economically attractive if the Project is
implemented. In conJun~ioJJ will. a gasification facility, including deferring the capital
cost associated with a Landfill gas-to-energy project. .... .. . .
It should be noted that any program designed to optimize the beneficial use of landfill
gas may be inconsistent and in conflict with a program designed to minimize odors from
a landfill. In the instant case, the Department recognizes that its highest priority is
operating an odor free landfill.
Comparison of Solid Waste Management Alternatives
The County's consultant has calculated some of the costs and benefits that would result
from different MSW management strategies. Table 6 of Appendix D (attached) shows
the annual cost per household for certain MSW management options. Table 6 also
shows how each option would affect the remaining life of the Naples Landfill. For
example, as shown in Table 7, the County could manage its MSW for the next 30 years
by combining its current landfill program with an enhanced commercial recycling
program, an enhanced residential waste collection program, and a gasification facility.
AGEIJO,l 11'0.
NO. 10
Page 3
MAR 1 1 2003
PG. .3
...
~
:)
'I
Agenda Item No. 16C6
July 26, 2005
Page 7 of 17
,.~
GROWTH MANAGEMENT IMPACT: There are no negative growth management
impacts associated with the issues addressed in this Executive Summary. However,
the recommendations set forth below are designed to have a significant positive effect
on the capacity of the Naples Landfill.
~~!:J-S{~~~~~;
Board at a later date and shall seek the Board's prior QPproval for any such
commit-,ents or expenditures.
RECOMMENDATIONS: That the Board take the following actions:
Commercial Source Separated Organic Waste Collections and Blosolids
Processing and Beneficial Use (RFP #02-3382)
1. Accept staff findings related to RFP #02-3382.
2. Authorize staff to negotiate a contract with R&D Soil Builders, Inc., and then
present the negotiated contract and recommendations to the Board for further
action.
3. Authorize staff to request the other Proposers (Organic Soils of Collier County;
Synagro) to hold their proposals open until the County awards a contract.
4. Authorize staff to utilize consultant (Malcolm Pirnie) and Special Legal Counsel
(Landers & Parsons, P.A.) to assist with contract negotiations.
Grease Trap Waste Processing Facility (RFP #02-3315)
1. Accept staff findings related to RFP #02-3315.
2. Authorize staff to notify Pacific Biodiesel that its proposal cannot be accepted at
this time. . .'. . H... ... _ ... .. _
3. Authorize staff to evaluate the use of grease trap waste in- conjunction with-the - u
MSW gasification project, If the Board authorizes staff to commence negotiations
on a contract for a MSW gasification project.
4. If the Board does not authorize staff to commence negotiations on a contract for a.
MSW gasification project, then the Board should hold the development of a grease
trap waste processing facility until the County's proposed Fat, Oil, and Grease
(FOG) Ordinance has been established and the County has more accurately
determined the amount of FOG being generated in the County, and authorize staff
to evaluate alternative disposal options for grease trap waste.
5. Authorize staff to utilize consultant (Malcolm Pimie) and Special Legal Counsel
(Landers & Parsons, P.A.) to assist with evaluating alternative disposal options,
including the potential for co-disposal at the gasification facility.
Municipal Solid Waste Processing and Gasification (RFP #02-3316)
1. Accept staff findings related to RFP #02-3316.
2. Authorize staff to negotiate a best and final price proposal from IWT, based on a
guarantee of 150,000 tpy of MSW.
Page 4
AGl:IIOA ITE..
NO. 10
MAR 1 1 2003
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Agenda Item No. 16C6
July 26, 2005
Page 8 of 1 7
n
3. If the price proposal from IWT continues to be significantly higher than Brightstar's
price proposal, authorize staff to negotiate a contract with Brightstar (based on
150,000 tpy) and then present the contract and recommendations to the Board for
further action.
4. Authorize staff to utilize consultant (Malcolm Pimie) and Special Legal Counsel
(Landers & Parsons, P .A.) to assist with contract negotiations.
Landflll Gas-to-Energy
1. If the Board authorizes staff to commence negotiations on a contract for a MSW
gasification project, then the Board should authorize staff to: (a) hold WMIF's
LFGE Project in abeyance; (b) evaluate the use of landfill gas in conjunction with
the M&N gasification project; and (c) present recommendations to the Board for
further action. .
2. If the Board does not authorize staff to commence negotiations on a contract for
a MSW gasification project, then the Board should: (a) hold WMIF's LFGE
Project in abeyance; (b) evaluate best options for the benefICial use of landfill
gas; and (c) present recommendations to the Board for further action.
J/;7
SUBMllTED BY: I(
Roy . Anderson, P.E.
Director, Public Utilities Engineering
Date: ?-.4 ~/o J
SUBMllTED BY: c::
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".
/---- Date: ~Lq3
REVIEWED BY:
G. George Yilmaz
Director, Solid Waste Management Department
0nn.P ~ Dale:
~ea81am
Director, Wastewater Department
~Z~/oJ
REVIEWED BY:
Date:
2(?-7/~
. '. G41f
Steve ameli
Director, Purchasing De t
Date:d ~ fh!:?~~
J mes W. Delany, P.E.
ublic Utilities Administrator
AGE
NO.
Page 5
"AR 1 1 zP3 .
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Agenda Item No. 16C6
July 26, 2005
Page 9 of 17
Appendix A
~ Table 1
\fJJllI
Commercial Source Separated Organic Waste Collections and Biosolids Processing
and Beneficial Use RPF Findings
Organic Soils of Vermi- )> Proposal includes biosolids )> First dorIlestic
Collier County, composting transportation organic
LLC )- Robust and expandable wastelbiosolid
system s processing
)- Experienced project team system (risk)
)- )- Cost
R&D Soil windrow )- Processing to occur on )- Scalability
Builders, Inc. composting Proposers site )- Permitting
)- Robust and expandable
system
)- Experienced project team
(currently processes Collier
County yard waste)
~ Cost
Synagro-Collier, heat drying ~ Proven technology ~ Biosolids
LLC and ~ Robust and expandable processing
'-' pelletization system only
~ Ex erienced ro.ect team ~ Cost
Table 2
Commercial Source Separated Organic Waste Collections and Biosolids Processing
--. ----- - -- 0-. __ _ _ .- and-BenefiCIal Use-RFP Flnaoclal-Suf!ufnl_I'Y-
.-.. - - - .- - - --- ~
- -
- . "
, ~ . . . . .
" " .
Public Infonnation $3.27 $0.24 N1A N1A
Biosolids $95.98 $38.00 $53.361 $49.70
Yard Waste $26.35 $19.20 N1A $21.21
(1) Does not Include capltaI costs
--)
AGENDA 1TE1:r
No. 10
Page 6
...
MAR 1 1 2003
Pg. "
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Agenda Item No. 16C6
July 26, 2005
Page 10 of 17
Appendix C
Table 5
Municipal Solid Waste Processing and Gasification RFP Findings
Brightstar > Air emission > No facility fully in
Environmental results excellent commercial
)- Good perfonnance operation
in recovering > Resistance to RFP
materials Approach
> less costly > Requires a landfill
)- Scalable to lower
toona
Interstate Waste )-" Can handle any )- Does not scale )- $174
Technologies waste well to lower
)- No residue - tonnage
nothing to landfill )- More expensive
)- Air emission
results excellent
> Facilities in
commercial
operation (since
1994)
)- Fully responsive to
the RFP
(1) Cost per ton based on Alternate Proposal @ 150,000 tpy
-- .. .
Page 8
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Agenda Item No. 16C6.-_
July 26, 2005
Page 11 of 17
-'II
Appendix D
Table 6. Comparative Altematives Summary
,~
0.7
Maintain the existing landfill program
designed to 105 feet (status quo)
Institute mandatory commercial recycling
and an enhancecl residential collection
program
Expand landfill capacity by constructing
a 50 foot retaining wall, but not
increasing the landfill height higher than
105 feet
Expand landfill capacity by increasing
the landfill height to a maximum
elevation of 160 feet (with a 50 foot
retain in wall
Develop a dirty materials recovery
facil" for commercial MSW
Develop a dirty materials recovery
facility for commercial MSW and
implement with Organic Waste
-Processln - -- nn_ -. - - -- - ---
Develop a gasification facility (Brightstar)
@ 150,000
Develop a gasification facility (IWT) @
150,000
(1) The projected present value of the annual CllIIt per houI8hoId only ch8nges will gaslflcatlon. ThIs occurs for two reasons: first.
WMlF is obligated to expand the NapIae LandtlII at no addItIon8I ClClIt to the County; and second, the cost of the dirty materials
recovery facllIly would be tied to the waste atrum proc8lIlI8d (commercial MSW) and thus would be the responsibility of the
commeroIaI waste g...ratons.
21
$1271
o
25
4
$1271
26
$1271
5
41
$1271
20
25
$1271-
10
..3
4
27
$1271
6
26
$135
5
27
$221
6
Table 7. Alternatives Scenario
. ' ,
Page 9
4
TOTAL
5-6
30+
AGEN~I~)
No. 10
MAR 1 1 2003
1~
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Agenda Item No. 16C6~_
July 26, 2005
Page 12 of 17
-,
Appendix B
Table 3
Grease Trap Waste RFP Findings
Proven technology
Robust and expandable
system
> Experienced project
team
Table 4
Grease Trap Waste RFP Financial Summary
400,000
$4.05
$1,620,000
$0.50
Included in tip
fee
$4.05
$16,200,000
2,000,000
$0.55
$1,100,000
Not rovided
$120,000 -
$150,000
$0.56
$11.244334
o
$0.12
$48,000
$0.15 - $0.20*
Existing facility
Put-or-Pa
$$IGallon
Annual Cost
Treat Additional Gallons
Plant Construction Cost
Total $$IGallon
Total A reement Cost 10 Yrs
$0.31 **
$1.240,000***
.eli,'.""
\~
Notes:
- -Estirriatec cost ciftreating upto~2 million gallons per year- _.-
** Includes estimated collection cost of $75,000 divided by 75,000 gallons
-** Annual treatment cost over 10 years for 400,000 gallons
AGEN~A ITEM. I
No. 10 tr .
MAR 1 1 2003
Pg. 7
Page 7
;( ..
-"'-. c.
COLLIER COUNIY
PUBLIC UTILITIES ENGINEERING DEPARTMENT
Agenda Item No. 16C6
July 26, 2005
Page 13of17
3301 E. Tamiami Trail · Naples, Florida 34112 · (239) 530-5335 · Fax (239) 530-5378
February 24, 2005
Mr. Douglas Purvis, Vice President
R&D Soil Builders, Inc.
P.O. Box 1708
La Belle, FL 33975
Re: Collier County's RFP No. 02-3382
Dear Mr. Purvis:
On behalf of Collier County ("County"), I am sending you this letter to confirm our
mutual understanding about the issues we discussed during our meeting on February 14,
2005, concerning the County's Request for Proposals No. 02-3382 ("RFP") for
commercial source separated organic waste and biosolids processing services. On that
date the County clarified, and R & 0 Soil Builders, Inc. ("R&D") acknowledged, a
mutual understanding of the requirements in the RFP and the course of action that the
County and R&D will pursue under the RFP. Accordingly, I have summarized the key
points of our discussion in the following paragraphs.
1) As stated in Section 1.1 of the RFP, the County's goal is to enter into a contract
with a company ("Company") that will accept and properly process at least 25,000
tons per year ("tpy") of biosolids (i.e., sludge) from the County's wastewater
treatment plants.
2) Pursuant to Section 1.1 of the RFP, the County shall deliver and the Company
must process an additional 5,000 tpy of wastes, which shall consist of biosolids,
or organic (i.e, food) waste, or a combination of biosolids and organic waste.
3) As noted in Section 1.6 of the RFP, the Company may submit an alternate
proposal in response to the RFP, and the alternate proposal may include the
processing of part or aU of the yard waste that is generated in the County. The
County estimates that up to 75,000 tpy of yard waste may be generated in the
County. However, the County cannot guarantee that any minimum amount of
yard waste will be generated.
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Agenda Item No. 16C6
July 26,2005
Page 14 of 17
4) R&D has submitted a proposal ("Proposal") to the County in response to the
County's RFP. On or before May 14, 2005 (Le., within three months of our
meeting on February 14, 2005), you and your business partners shall re-evaluate
your plans for funding and proceeding with the biosolids processing facility that
was described in R&D's Proposal.
5) On or before May 14, 2005, R&D shall notify me in writing as to (a) whether
R&D intends to diligently seek the necessary permits from the Florida Department
of Environmental Protection ("DEP") for R&D's proposed biosolids processing
facility and (b) whether R&D will provide its services to the County for the same
proposed processing prices that were identified in R&D's Proposal.
6) If R&D elects to proceed with its proposed biosolids processing facility and
obtains the necessary DEP permits, then R&D shall promptly provide the County
with R&D's proposed prices for the services described in R&D's Proposal, as
well as R&D's proposed prices for any alternate proposals. Upon receipt of
R&D's proposed prices, the County will decide whether it wishes to begin
negotiations to develop and enter into a contract with R&D for its services.
7) The County's willingness to consider R&D's Proposal is contingent upon the
following assumptions: (a) R&D can obtain the nece,ssary DEP permits and all
other permits within industry standards within six months; (b) R&D's proposed
prices will be no greater than the prices contained in R&D's Original Response to
the RFP; and (c) the County's contract with R&D will be based on and consistent
with the "Agreement Term Sheet", which is Exhibit A to the RFP.
8) Section 1.3 of the RFP grants various rights to the County, including but not
limited to the right to reject R & D Soil Builder's proposal under the previous RFP
at any time. It is likely that the County will exercise these rights and cancel the
RFP if: (a) R&D fails to provide a timely written response to the County in
compliance with the requirements in paragraph 5, above; or (b) after May 14,
2005, R&D fails to diligently pursue the issuance of the DEP permits for R&D's
proposed biosolids processing facility; or (c) at any time, R&D fails to confirm
that R&D will provide its services to the County for no greater than the prices that
wereiderinfied inR&D',s Origkai"Response to the RFP; or (d) before May.J4,
'2005, the C6tii1ty identifies a-more attractive option for 'handling the C~lJ!l!Y's
biosolids. By identifying these specific events that may result in the cancellation
of the RFP, the County is not limiting its ability to exercise its rights under the
RFP if the County deems it appropriate to do so under other circumstances.
.. -...
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Agenda Item No. 16C6
July 26, 2005
Page 15 of 17
On or before March 11,2005, please send me a letter confirming that R&D will comply
with the requirements set forth above.
Please call me at 530-5376 if you have any questions.
~ou,
R~ ox,P.E.
Project Manager
cc Bill Mullin, P.E., P.U.E.D.
G. George Yilmaz, P.E., PhD, Solid Waste Dept
Joe Cheatham, P.U. Wastewater Director
Roy Anderson, P.E., P.U.E.D
Mike Hauer, Purchasing Department
James DeLany, P.E., Public Utilities Administrator
COWER COUN1Y
PUBUC UTIUTIES ENGINEERING DEPARTMENT
Agenda Item No. 16C6
July 26,2005
Page 16 of 17
3301 B. Tamiami Trail · Naples, Florida 34112 · (239) 530-5335 · Fax (239) 530-5378
Registered Mail, Return Receipt Requested
May 25, 2005
Mr. Douglas Purvis, Vice President
R&D Soil Builders, Inc.
P.O. Box 1708
La Belle, FL 33975
Re: Collier County's RFP No. 02-3382
Dear Mr. Purvis:
As you know, in 2002 Collier County ("County") issued a request for proposals ("RFP")
for commercial source separated organic waste and biosolids processing services. In
response, R & D Soil Builders, Inc. ("R&D"), submitted a proposal and offered to
provide its services to the County. The County and R&D then engaged in a series of
meetings and discussions to negotiate a contract for R&D's services. During those
negotiations it became apparent that R&D wished to increase its prices because of
unanticipated costs R&D would incur to comply with the requirements of the Florida
Department of Environmental Protection ("FDEP").
On February 24, 2005, the County sent R&D a letter ("Letter") that identified the
minimum steps R&D must take if R&D wished to successfully complete its negotiations
with the County. Among other things, the County instructed R&D to confirm in writing:
(a) by March 11, 2005, that R&D will complete the steps identified in the County's
Letter; and (b) by May 14, 2005, that ''R&D will provide its services to the County for the
same proposed processing prices that were identified in R&D's Proposal." R&D did not
comply with either one of these requirements. Instead, R&D sent a letter (dated May 12,
2005) to the County, stating that "once R&D Soil Builders understands the requirements
of the FDEP we will be able to confirm whether the proposed services can be provided to
the county for the proposed prices." R&D's letter demonstrates that R&D currently is
unable to tell the County what R&D's prices will be.
Given the uncertainty about R&D's prices and project, it is unclear whether the County
and R&D will ever be able to negotiate a mutually acceptable contract. For these reasons,
the County staff has concluded that the County should reject all proposals and terminate
the procurement process under RFP No. 02-3382. This course of action is expressly
authorized in Section 1.3 of the RFP. The County staff intends to present its conclusions
and recommendations to the Board of County Commissioners in the near future.
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Agenda Item No. 16C6
July 26, 2005
Page 17 of 17
Please keep in mind this action does not exclude you from being eligible to submit
proposals in response to future RFPs that may be put out by Collier County. We plan to
continue to explore various options for processing and disposing the sludge generated by
our wastewater treatment facilities.
Please call me at 530-5376 if you have any questions.
Sincerely,
~
Project Manager
cc William Mullin, P.E., P.D.E.D.
G. George Yilmaz, P.E., PhD, Solid Waste Dept
Joe Cheatham, P.D. Wastewater Director
Roy Anderson, P.E., P.D.E.D
Mike Hauer, Purchasing Department
Lyn Wood, Purchasing Department
James DeLany, P.E., Public Utilities Administrator
Agenda Item No. 16C7
July 26, 2005
Page 1 of 2
r--
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment for the transfer of funds from the
Collier County Water-Sewer District Operating Fund (408) Reserve for Contingencies to
cover unanticipated operating expenses in the Wastewater Reuse Cost Center.
OBJECI'IVE: That the Board of County Commissioners, Ex-Officio the Governing Board of Collier
County Water-Sewer District, approve a budget amendment that will allow funds to be transferred from
Reserve for Contingencies in the amount of $69,000 to cover unanticipated operating expenses incurred
by Wastewater Reuse.
CONSIDERATIONS: Wastewater Reuse requires $69,000 to cover operating expenses for the
remainder of fiscal year 2005.
1. Funds are needed to cover unanticipated expenditures for emergency reclaimed water line repairs.
2. Wastewater Reuse budgeted $10,000 for emergency reclaimed water line repairs for use in fiscal
year 2005.
3. There have been substantially more reclaimed water line repairs than originally anticipated.
During the first nine (9) months of this fiscal year, Wastewater Reuse received eight (8) invoices
that sum to $80,141.69.
~
In total, a budget amendment in the amount of $69,000 is needed to offset a shortfall in the area of
emergency reclaimed water line repairs.
FISCAL IMP ACT: A budget amendment is needed to transfer funds in the amount of $69,000 from the
County Water-Sewer Operating Fund (408) Reserve for Contingencies, to cover unanticipated operating
expenses incurred by Wastewater Reuse.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with the
Executive Summary.
RECOMMENDATION: It is recommended that the Board of County Commissioners, as Ex-Officio the
Governing Board of the Collier County Water-Sewer District, approve the necessary budget amendment
for the transfer of funds from Reserve for Contingencies to cover unanticipated expenses incurred by
Wastewater Reuse.
PREPARED BY: Marisa Garcia, Wastewater Operations Analyst
-
Agende llclll No. ltiG7
JUly 26, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONE'R5
ItIim Num~r
Item Summary
1 ~~:;7
fi,,'.:omm'!ln.:!.atj,:m to approve- .a budge.. ,lImt't'ldlTlem In thl! amount 01 ~6r:l,aOO fer thtl
transfe!" uf !"rldi! frlJfl1 the Collier County Wa19r-Se....er Di'Jtrict Operatmg Fumj (.08)
R!!!54r"O!t far ''':Qr:lingel'll::;flsIO cavar IJnantirjplll~rj operating &~pflrr6e5 in thl'J' W';l!llawatr.r
Reust' C,,~tCe!ltt'!
M..t1nll Date
712til;.JOQ5 9:QOliO AM
Prepared By
D~ln
Marh." G.1:trrJIl
Opflrittin"J. IUlillys.t
fil30l20nS1Z:Jfi:Z:r"M
Public Ulllllie,;
WlIslO:!WatO:!r
Approved By
Bob Col!$eY
Rl'l/!IeC()t.)rdln.ator
Odl.
PUbh(;"lnllllies
WuteWlrt~r
&:JIlI'ZOO-!t12:.iPM
Approved B}'
B.laStidhdl
Sl!'lIiOI- MaffiJgemenlr'Btldg~ AI1&1)'$1
0",
Publio;: UtllltlU
Pubhc Utilities Opelalh.nrt.
6!JG!200S1Z:411F"M
Appruved By
ThOfNl1i Wid"'5
OparalK>nt. Oir...ctOl
Diilt~
fl'ublicUlililies
Public UU!itIe~ Opll!UtiPn9
7!G!10tl510:01 AM
Approved By
Jilll'lf:~ W. Di.'t.unV
PUblic Ulllltle!i Adminr~lr.lo'
Difle
PubllclJtllltul-s
Public Utmlie..$ Ad'nini';lrOltion
7f7f2901i.:O&PM
Approved By
OMS COo'>tditl.iltor
.ll.thnjnistr:.atille A';!I.u.~tilllt
Dalto
C;C\unIY Milf'oillgl!r'lI OIlir.1!
Ottice Dr M_""gl'mrent t\ Dlldgt!1
11tJ20lJ53:UPM
Approved By
R;lndy GrtlellW;lla
M:!Iflillgement/Budgtl An.I)',;1
O.le
Cnl.lflt~ MHnn(le"~ Off;':"
Offlu ()I h\.11l,19I1mnnl & Budgll't
7:111l!005 t:l:lt/liPM
Approved By
Mich;lll!l Smyk()w$ki
Manllgern~nt & BurfgP.t O'rtH.1nr
0...
Cuutl1y MlIroA'.IU'. Orrke
OffiL'<I "f Mlln<lgem~"t & Budgel
T!11!201l6t,6:!:PM
Apprond By
J"mr.~ V, Mudd
ClJ'unt~'l'Mna9r.r
D.I<<-
Bouc!ltfCQllntv
CDftllnhlt.Illru.'"
C<tlmlv ""n~~r'$ Olli..'!"
7:t1iZOOS ~:19 PM
Agenda Item No. 16C8
July 26, 2005
Page 1 of 13
/'""*"'
EXECUTIVE SUMMARY
Recommendadon to approve a Right-of-Way Consent Agreement and associated
Memorandum with Florida Power & Light Company permitting the construction of
raw water transmission mains and related facilities, within Florida Power & Light
Company power-tine right-of-way, from the South County Regional Water Treatment
Plant to the vicinity of Rattlesnake Hammock Road for the South County Regional
Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20-MGD, at a cost not
to exceed $50.00, Project Number 708921.
OBJECTIVE: The public purpose is to obtain authorization from the Board of County
Commissioners, as the Governing Body of Collier County and as Ex-Officio the Governing
Board of the Collier County Water-Sewer District (hereinafter referred to as "Board") to
allow its Chairman to execute the attached Right-of-Way Consent Agreement and
Memorandum with Florida Power & Light Company (FPL) which permits the construction
of raw water transmission mains, electrical, instrumentation, and control lines (Facilities),
from the South County Regional Water Treatment Plant (SCRWTP) to the vicinity of
Rattlesnake Hammock Road (hereinafter referred to as the "Project"), within the limits of
FPL's power-line right-of-way
.-
CONSIDERATION: This Project has been identified as one of the capital improvement
projects required under the 2003 Water Master Plan Update adopted by the Board on May
25, 2004, Agenda Item 10(D). The proposed expansion of the system will provide an
additional yield of 16-MGD of raw feedwater to supply the proposed 12-MGD reverse
osmosis expansion at the SCRWTP increasing the total reverse osmosis finished water
production capacity at SCRWTP to 20-MGD.
FPL had previously consented to allow construction of the Facilities within 15 foot-wide
easement areas along and across its right-of-way. However, revisions were made to the
project to extend the pipeline an additional 888 feet to the South in order to accommodate
property owners' concerns. As a result, the Right-of-Way Consent Agreement and
associated Memorandum approved by the Board on February 10,2004, Agenda Item 16C3,
must be amended to provide for the additional easement area.
The attached Right-of-Way Consent Agreement and Memorandum have been reviewed and
approved by the County Attorney's Office and the Public Utilities Division.
The Clerk's Finance and Accounting Division has reviewed the information contained in this
Executive Summary.
-
Agenda Item No. 16CB
July 26, 2005
Page 2 of 13
EXECUTIVE SUMMARY
Agreement with FPL
Pae:e 2
FISCAL IMP ACT: The cost associated with this action is $50.00 for recording the
Memorandum. Funds are available in the FY 05 budget for this action in Project 708921,
South County Regional Water Treatment Plant Reverse Osmosis Wellfield Expansion to 20-
MGD. The FY 05 budget was approved by the Board on September 23,2004. Source of
funds is Water Impact Fees (411).
GROWTH MANAGEMENT IMPACT: The project is recommended in the latest 2003
Water Master Plan Update adopted by the Board in May 25, 2004, Agenda Item 10 (0)
RECOMMENDATION: That the Board:
1. Approve and authorize the Chairman to execute the attached Memorandum of Right-
of-Way Consent Agreement, and Right-of-Way Consent Agreement; and
2. Authorize the recording of the Memorandum of Right-of-Way Consent Agreement in
the Public Records of Co llier County, Florida.
PREPARED BY:
Toni A. Mott, Manager, Property Acquisition & Sales
Real Estate Services I Facilities Management Department
...-.
Agenda Item No. 1fiC8
July 26, 2005
Page 3 0113
COLLIER COUNTY
BOARD OF COUNTY CONIM18810NE'R&
'temNumbllr
Item 8umfNIry
15-C8
Re'.'omMendsti(ln to approve a Right.tl1'.Wav Ca"<nt Agr"ellment and aMoctsted
MtlITloranOum with Florida Power &. Light (Clmpanl' permitting th", ('(;Instruction 01 raw
WlIIt<Jr tran~i_i(J'" main.. t"d related faeilitll$., withil) Florida Pow.r 4 Ligl"1t C"mP4ln.,.
PC'I.'l'-f.llrH' 'ight-ol.wuy. from v,. SoU'tt1 Cou,.,l)' RllIgion.r Waler Ttelllrnetrl Plant 10 the
vicinity ('I' Rattlot:r.nake f1lammor.J.. Road for 1M. SOl.lttr Covnt)' Reginnal WoiIu.r TrflatmfH'lt
Plant Re"'I!H'"1 ()r.mo.it.Welifield EI(pr;ln_mn to 20""'GO, a~ _ co...., n('lt 10 .lI:.....d $50 00,
Projtlct Number 708921
7/2612005 g.()O:OO AM
Meeting Dttw
Apprl,lved By
Chftl1t1. F.. Carringlon. Jr"
GR,'WA
Real E~tallf S:erviC.e'l Managl!'f
D'"
Arirnlnilrtratr"",Sl!rvlceii
F.1c.ihtie$MaI\1I~"t
1i1!200SI::J3AM
Approved By
Skip C..mp. C.F.M
faelllties ~naQet1,.!;nl Olrll!elOf
[)~e
Adfrril~j,Url\IiYP. RltfVir.u
F...mtie, M.lhillUtI'mlfnl
7!1120061:52 "M
Approved By
PQrtirio E. Gram.tOM, P.E.
Sr. Proj"d t.hm8gtl'f
D~.
Pl.lblicOUllties
Public: Uttlltteill Engineli'rlllg
1!1120051ll:Z3 AM
Approved By
Thnm'H. Widfl>i
OptKilliOlUlOlrutor
Diltl't
F'ublkUfllltjet.
Pubh,.. Utillt~1I!II Opetalhmt.
711!20061':5t: AM
Approved By
William D. ~tlJlln. PE
F'rincipJIl PmJ"'ct "'an'n~r
Publk Utilitl4!lIi ErIglllterllllJ
Dalt
PublicUlililies
1J&J2005 1:)1 AM
Apprond By
RtoVB. ^ndt!rson, P.E
Putule Utilities ElIlJlneulnlJ Ollet:lur
o.t.
PUf).licU11lilli,1;
P'ublic. Umlti~uil E"Dinll"fll.1fJ
7:11200il:<f1AM
Apprond By
J.1tTll!$ W, DeLOIlY
Public: Utilllill.ll Actmi"is;lr.ltor
Dah~
PublicUtiUtilt5.
PulJlic Ublll~.. ^<tmim..fr.t,l,V,
718!1006 10:57 AN
Approved By
OM13 Coordll1atw
A.rllninl~aliYeA!'i$15tftnt
0_1f'
County Manl!lger'!l Orfit.'l!
ornct' of Man"fJemetlt & DudgN
7.18120053:IOPM
Approved By
$uilI.n Ulher
Srlll~'r Mln.lgtine-nti8'Jdl,le'l Anlillyst
D'"
County M.lnlge"$ Offlce
orrin Dot Matnagemenl & audget
71131200512:40PM
Approved By
Jami!l" V, Mudd
Coun1'jMallayel
Dot.
Board tot County
CDlTlmisuoners:
Col.lllty ~11"nl!f'$ Office'
111lildD5 3:12 PM
Agenda Item No. 16C8
July 26, 2005
Page 4 of 13
RIGHT-OF-WAY CONSENT AGREEMENT
FLORIDA POWER & UGm COMPANY, a AOIida corporation, whose mailing address
is P.O. Box 14000, Juno Beach, Florida 33408-0420, Attn: Corporate Real Estate Department,
("Company"), hereby consents to the Collier County Board of County Commissioners as
Governing Body of Collier County and as Ex-Officio Governing Board of the Collier County
Water-Sewer District, whose mailing address is 3301 Tamiami Trail East, Naples, FL, 34112
("Licensee") using an area within Company's right-of-way granted by that certain agreement
recorded in Official Records Book 663, Page 594, Official Records Book 664, Page 1488,
Official Records Book 664, Page 1490, Official Records Book 664, Page 1492, Official Records
Book 666, Page 521, Official Records Book 666, Page 523, Official Records Book 666, Page
529, Official Records Book 666, Page 535, Official Records Book 667, Page 317, Official
Records Book 667, Page 322, Official Records Book 668, Page 1749, Official Records Book
668, Page 1751. Official Records Book 671, Page 3-4, Official Records Book 673, Page 1843,
Official Records Book 681, Page 1210, Official Records Book 681, Page 1212, Official Records
Book 681, Page 1214, Official Records Book 692, Page 761, Official Records Book 692, Page
766, Official Records Book 692, Page 774, Official Records Book 692, Page 774, Official
Records Book 788, Page 1068-1071, Official Records Book 824, Page 214, Official Records
Book 850, Page 974, Official Records Book 850, Page 976, Official Records Book 862, Page
676, Official Records Book 870, Page 343, Official Records Book 1129, Page 20, and Official
Records Book 1577, Page 2290, all of Public Records of Collier County, Florida. The said area
within Company's right-of-way is hereinafter referred to as the "Lands". The use of the Lands by
Licensee, shall be solely for the purpose of construction, operation and maintenance of a raw water
transmission system, a force main system, electrical, instrumentation, and control lines, including
access to the property for such purposes, as shown on the plans and specifications submitted by
Licensee, attached hereto as Exhibit II A " .
In consideration for Company's consent and for the other mutual covenants set forth below,
and for Ten Dollars and No Cents ($10.00) and other good and valuable consideration, the receipt
and adequacy of which is hereby acknowledged, the parties hereto agree as follows:
1. Licensee agrees to obtain all necessary rights from the owners of the Lands in the
event Licensee does not own said Lands; to obtain any and all applicable federal, state, and local
permits required in connection with Licensee's use of the Lands; and at all times, to comply with all
requirements of all federal, state, and local laws, ordinances, rules and regulations applicable or
pertaining to the use of the Lands by Licensee pursuant to this agreement.
2. Licensee understands and agrees that the use of the Lands pursuant to this agreement
is subordinate to the rights and interest of Company in and to the Lands and agrees to notify its
employees, agents, and contractors accordingly. Company specifically reserves the right to
maintain its facilities located on the Lands; to make improvements; add additional facilities;
maintain, construct or alter roads; maintain any facilities, devices, or improvements on the Lands
which aid in or are necessary to Company's business or operations; and the right to enter upon the
Lands at all times for such purposes. Licensee understands that in the exercise of such rights and
interest, Company from time-to-time may require Licensee, to relocate, alter, or remove its facilities
and equipment, including parking spaces and areas, and other improvements made by Licensee
pursuant to this agreement which interfere with or prevent Company, in its opinion, from properly
and safely constructing, improving, and maintaining its facilities. Licensee agrees to commence
efforts to relocate, alter, or remove said facilities, equipment, parking spaces and areas, and other
improvements within ninety (90) days of receiving notice from Company to do so. When
reasonably practicable, Licensee will be allowed to relocate its facilities within the Lands. Any
relocation, alteration, or removal required by the Company pursuant hereto will be completed
within one hundred eighty (180) days and made at the sole cost and expense of Licensee and at no
cost and expense to Company; provided however, should Licensee, for any reason, fail to
commence such relocation, alteration, or removal within ninety (90) days, Company retains the
right to enter upon the Lands and make said relocation, alteration, or removal of Licensee's
facilities, equipment, parking spaces and areas, and other improvements and Licensee hereby agrees
to reimburse Company for all of its costs and expense incwred in connection therewith upon
demand.
Form 3740 Rev. 10/9/95
Page 1 of 4
Agenda Item No. 16C8
July 26, 2005
Page 5 of 13
3. Licensee agrees that it will not use the Lands in any manner which, in the opinion of
Company, may tend to interfere with Company's use of the Lands or may tend to cause a hazardous
condition to exist. Licensee agrees that no hazardous substance, as the tenn is defined in Section
101 (14) of the Comprehensive Enviromnental Response Compensation and Liability Act
("CERCLA") (42 USC Section 9601 [14]), petroleum products, liquids or flammables shall be
placed on, under, transported across, or stored on the Lands, which restricts, impairs, interferes
with, or hinders the use of the Lands by Company or the exercise by Company of any of its rights
thereto. Licensee agrees further that in the event it should create a hazardous condition, then upon
notification by Company, Licensee shall, within seventy-two (72) hours, at its sole cost and
expense, correct such condition or situation; provided however that the Company retains the right to
enter upon the Lands and correct any such condition or situation at any time and, by its execution
hereo~ Licensee hereby agrees to indemnify and hold harmless Company from all loss, damage or
injury resulting from Licensee's failure to comply with the provisions of this Agreement.
4. Licensee hereby agrees and covenants to prohibit its agents, employees, and
contractors from using any tools, equipment, or machinery on the Lands capable of extending
greater than fourteen (14) feet above existing grade and further agrees that no dynamite or other
explosives shall be used within the Lands and that no alteration of the existing terrain, including the
use of the Lands by Licensee as provided herein, shall be made which will result in preventing
Company access to its facilities located within said Lands. Unless otherwise provided herein,
Licensee agrees to maintain a forty (40) foot wide setback, twenty (20) feet on each side, from
Company's facilities.
5. Trees, shrubs, and other foliage planted or to be planted upon the Lands by Licensee
are not to exceed a height offourteen (14) feet above existing grade.
6. Outdoor lighting installed or to be installed upon the Lands by Licensee are not to
exceed a height of fourteen (14) feet above existing grade and all poles or standards supporting light
fixtures are to be of a non-metallic material.
7. Sprinkler systems installed or to be installed by Licensee upon the Lands are to be
constructed of a non-metallic material and sprinkler heads are to be set so the spray height does not
exceed fourteen (14) feet above existing grade and does not make contact with any Company's
facilities. Aboveground systems shall not be installed within or across Company patrol or finger
roads and underground systems crossing said patrol and finger roads are to be buried at a minimum
depth of one (1) foot below existing road grade.
8. Licensee agrees to warn its employees, agents, contractors and invitees of the fact
that the electrical facilities and appurtenances installed or to be installed by Company within the
Lands are of high voltage electricity and agrees to use all safety and precautionary measures when
working under or near Company's facilities.
9. Licensee agrees, at all times, to maintain and keep the Lands clean and free of
debris. Except as provided herein, Licensee further understands and agrees that certain uses of the
Lands are specifically prohibited; such uses include but are not limited to recreational pwposes,
hunting and camping, and Licensee agrees to notify its employees, agents, contractors, and invitees
accordingly.
10. The use of the Lands by Licensee shall be at the sole risk and expense of Licensee,
and Company is specifically relieved of any responsibility for damage or loss to Licensee or other
persons resulting from Company's use of the Lands for its pmposes.
11. Notwithstanding any provision contained herein, Licensee agrees to reimburse
Company for all cost and expense for any damage to Company's facilities resulting from Licensee's
use of the Lands and agrees that i~ in the opinion of Company, it becomes necessary as a result of
Licensee's use of the Lands for Company to relocate, rearrange or change any of its facilities, to
promptly reimburse Company for all cost and expense involved with such relocation,
rearrangement or change.
Porm 3'740 Rev. 10/9/95
Page 2 of 4
Agenda Item No. 16CB
July 26, 2005
Page 6 of 13
12. Each party hereto agrees that it shall be responsible for its own negligent acts or
ormsslOns. Nothing contained in the Section shall be construed to be a waiver of any protections
under sovereign immunity, Section 768.28, Florida Statutes, or any other similar provision of law.
Nothing contained herein shall be construed to be a consent by either party to be sued by third
parties in any matter arising out of this agreement.
13. Licensee is self insured for all liability claims and related expenses pursuant to the
provisions of Florida Statute 768.28.
14. This agreement will become effective upon execution by Company and Licensee
and will remain in full force and effect until completion of Licensee's use of the Lands pursuant to
this agreement, unless earlier terminated upon ninety (90) days written notice by Company to
Licensee, or at the option of Company, immediately upon Licensee failing to comply with or to
abide by any or all of the provisions contained herein. Upon receipt of written notice to tenninate,
Licensee will commence removal of its facilities and equipment, but will have up to twelve (12)
months to complete such removal.
15. The use granted herein as shown on Exhibit "A" shall be under construction by
Licensee within three (3) years of the effective date of this agreement and the construction shall be
diligently pursued to completion. Licensee shall give Company ten (10) days prior written notice of
its commencement of construction. "Under construction" is the continuous physical activity of
placing the foundation or continuation of construction above the foundation of any structure or
improvement permitted hereunder. Under construction does not include application for or
obtaining a building permit, a site plan approval or zoning approval from the appropriate local
government agency having jurisdiction over the activity, purchasing construction materials, placing
such construction materials on the site, clearing or grading the site (if permitted) in anticipation of
construction, site surveying, landscaping work or reactivating construction after substantially all
construction activity has remained stopped for a period of two (2) months or more. Licensee
acknowledges that failure to have the use under construction within the three (3) year time period
will result in immediate termination of this Agreement in accordance with Paragraph 14 herein for
failing to comply with the provisions contained herein unless Company grants a written extension
for a mutually agreed upon time. Any request for an extension of time shall be submitted in writing
by Licensee no later than thirty (30) days prior to the expiration of the three (3) year period for the
project to be under construction.
16. The term "Licensee" shall be construed as embracing such number and gender as the
character of the party or parties require( s) and the obligations contained herein shall be absolute and
primary and shall be complete and binding as to each, including its successors and assigns, upon
this Agreement being executed by Licensee and subject to no conditions precedent or otherwise.
17. Should any provision of this agreement be determined by a court of competent
jurisdiction to be illegal or in conflict with any applicable law, the validity of the remaining
provisions shall not be impaired. In the event of any litigation arising out of enforcement of this
agreement, the prevailing party in such litigation shall be entitled to recovery of all costs, including
reasonable attorneys' fees.
18. Licensee may assign its rights and obligations under this agreement to a solvent
party upon prior written consent of the company, which consent shall not be unreasonably withheld.
Porm 3740 Rev. 10/9/95
Page 3 of 4
. .
Agenda Item No. 16C8
July 26, 2005
Page 7 of 13
The p~,ha~e ~executed this Right-of-Way Consent Agreement this i!::. day of
~ ,2005.
Witnesses for Company: Company:
FLORIDA POWER & LIGHT COMPANY,
A Florida corporation
f~~~
~ fJA ~on
Name: 1 e. . '!!: e.()~a 1
By:
~4h/~
Meier G. Wise
Real Estate Manager
Dated:
ATTEST:
DWIGHT E. BROCK, Clerk
Licensee:
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AS GOVERNING BODY
OF COLLIER COUNTY, FLORIDA, AND EX-
OFFICIO GOVERNING BOARD OF
COLLIER COUNTY WATER-SEWER
DISTRICT
By:
By:
Deputy Clerk
Fred W. Coyle. Chairman
Approved as to form and
legal sufficiency:
~" ('X ~
./ llen T. Chadwell
Assistant County Attorney
Dated: fIv...v i J Iz 0 cJ r-
! '
Form 1"0 Rev. 10/9/95
Page 4 of 4
EXHIBIT Cl
Page--1-of ::::2::
Agenda Item No. 16C8
July 26, 2005
Page 8 of 13
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page..d...Of~
Agenda Item No. 16CB
July 26, 2005
Page 9 of 13
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Agenda Item No. 16CB
July 26, 2005
Page 10 of 13
MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT
~ THIS MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT dated this
q day of -:\l LlAc _ , 2005, by and between COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS AS GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO GOVERNING BOARD OF THE COllIER COUNTY
WATER-SEWER DISTRICT (hereinafter referred to as the "County") and FLORIDA
POWER & LIGHT COMPANY, a Florida corporation (hereinafter referred to as
.Company");
WHEREAS, on the cr~ day of -:s\ UN) , 2005, Company and
County entered into a written Right-of-Way Consent Agreement, hereinafter referred to
as the "Agreemenr related to certain property situated in the County of Collier, State of
Florida as more particularly set forth in said Agreement and described in Exhibit "A"
attached hereto and made a part hereof and hereinafter referred to as the "Lands", and
WHEREAS, the parties are desirous of making their interest therein a matter of
public record.
NOW THEREFORE, in consideration of mutual covenants herein contained and
the parties intending to be legally bound thereby, the parties hereto agree as follows:
1. The property described in Exhibit "A" is subject to a right-of-way in favor of Company
recorded in Official Records Book 663, Page 594, Official Records Book 664, Page
1488, Official Records Book 664, Page 1490, Official Records Book 664, Page
1492, Official Records Book 666, Page 521, Official Records Book 666, Page 523,
Official Records Book 666, Page 529, Official Records Book 666, Page 535, Official
Records Book 667, Page 317, Official Records Book 667, Page 322, Official
Records Book 668, Page 1749, Official Records Book 668, Page 1751, Official
Records Book 671, Page 3-4, Official Records Book 673, Page 1843, Official
Records Book 681, Page 1210, Official Records Book 681, Page 1212, Official
Records Book 681, Page 1214, Official Records Book 692, Page 761, Official
Records Book 692, Page 766, Official Records Book 692, Page 774, Official
Records Book 788, Page 1068-1071, Official Records Book 824, Page 214, Official
Records Book 850, Page 974, Official Records Book 850, Page 976, Official
Records Book 862, Page 676, Official Records Book 870, Page 343, Official
Records Book 1129, Page 20, and Official Records Book 1577, Page 2290, all of
the Public Records of Collier County, Florida.
2. The Agreement provides, among other things, County's right to construct certain
improvements upon the Lands including, but not limited to, access, a raw water
transmission system, a force main system, electrical, instrumentation, and control
lines as depicted on Exhibit "A" attached hereto.
3. The Agreement is assignable to purchasers of all or a portion of the Lands provided
that the purchasers assume the obligations under the Agreement and specifically
acknowledge and agree that the use of the property and improvements to be placed
on the property are strictly limited to those depicted on that certain plan of
improvement attached to the Agreement and are otherwise subject to the terms of
the Agreement.
IN WITNESS WHEREOF, the parties have executed this Memorandum of
Agreement on this hereinabove written date.
ATTEST:
DWIGHT E. BROCK, Clerk
BY:
Deputy Clerk
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AS GOVERNING
BODY OF COLLIER COUNTY AND AS
EX-OFFICIO GOVERNING BOARD OF
THE COLLIER COUNTY WATER-SEWER
DISTRICT
BY:
Fred W. Coyle, Chairman
Memorandum of Right-of-Way Consent Agreement
Agenda Item No. 16CB
July 26, 2005
Plqe120f 13
~~ ('~JlL-
Sigj ature
"0.:( #.. 'H\ -L Lr t.. vV S
PrintedfTyped Name
~.vOL~
Signature
D~\I,b L J?/fobe-s
Printedrryped Name
FLORIDA POWER & LIGHT COMPANY
By:~-{1/
Its: Sr. Corporate Real E e Representative
Print Name: Mark L. Byers
STATE OF FLORIDA
COUNTY OF SARASOTA
The foregoing instrument was acknowledged before me this .Jd: day of
~ . 2005 by Mark L. Byers, as Sr. Corporate Real Estate
presentative, of FLORIDA POWE PANY. a Florida corporation. on
behalf of the corporation. He is ersonally known to me or who has produced
[type of identification as I en I
WITNESS my hand and official seal this ---.L day of ~. 2005.
(affix notarial seal) ~ '-B -3o~
~Pubhc)
(Print Name of Notary Publi
NOTARY PUBLIC
Serial/Commission #: if an '"
My Commission Expires:
Approved as to form and
legal sufficiency:
it/L ~Ctdu~
./Ellen T. Chadwell
Assistant County Attorney
EXHIBIT .1L
Page-L-of ,9-..
Agenda Item No. 16CB
July 26, 2005
Page 12 of 13
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EXHIBIT ~
pag e.....a:.- of
Agenda Item No. 16GB
July 26, 2005
Page 13 of 13
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Agenda Item No. 16C9
July 26,2005
Page 1 of 14
EXECUTIVESU~Y
Recommendation to award Bid #05-3778 to Hannula Landscaping, Inc. for the North County
Water Reclamation Facility (NCWRF) Landscaping Improvements in the amount of
$182,665.00, Project Numbers 73077, 739501, and 739502.
OBJECTIVE: To obtain Board approval for an award of a bid to remove all exotic vegetation and to
install new native plants at the NCWRF.
CONSIDERATIONS:
Public Purpose: (1) To comply with Collier County's Land Development Code which mandates the
removal of all existing exotic vegetation. (2) To maintain the County's good neighbor policy by
installing native plantings around the perimeter of the NCWRF to be aesthetically congruent with
adjacent properties.
Scope: The scope of this project includes removal and disposal of all exotic vegetation within the
NCWRF property boundaries, minor site grading, installation of mulch, sod, an irrigation system, and
installation of native plantings around the perimeter of the NCWRF.
Legal. Purchasing. and/or Finance Department Guidance: The County Attorney's Office will review
the contract for legal sufficiency prior to the Chairman's signature. The Clerk's Finance and
Accounting Division has reviewed the information contained herein.
-
Procurement: Bid #05-3778 was advertised on January 14,2005 and ninety-one (91) notices were sent
to prospective bidders. On May 24, 2005 sealed bids were opened for this project. One bid response
was received and is listed below:
Bidder
Hannula Landscaping
Amount
$197,013.40
The only responsible, responsive bid was received from Hannula Landscaping, Inc. in the amount of
$197,013.40, which is lower than the design professional's (Hazen and Sawyer (H&S)) revised cost
estimate of $200,000.00 ($199,188.00 plus contingencies). The bid tabulation is attached.
Staff and H&S have reviewed the bid and qualifications of the low bidder, and have determined that
Hannula Landscaping, Inc. is qualified and able to perform the required work. However, subsequent to
the bid opening, Hannula Landscaping, Inc. offered a value-engineered reduction in the bid price by
eliminating redundant plantings that were not needed to meet the Land Development Code buffer
requirements. H&S has reviewed this offer and recommends that we accept the lower bid price of
$182,665.00. Staff concurs with the design professional's assessment of the value-engineered price
reduction and that the costs are fair and reasonable, and therefore recommends award to Hannula
Landscaping, Inc. in the amount of $182,665.00. The design professional's recommendation letter
dated July 1, 2005 is attached. A timeline is attached which shows schedule and costs of all tasks
associated with this project.
.-
Executive Summary
Approve Contract 05-3778
Page 2
Agenda Item No. 16C9
July 26, 2005
Page 2 of 14
FISCAL IMPACT:
FY 05 Funding: Funds in the amount of $29,227, $115,078, $38,360 are available in Project 73077,
NCWRF Flow Equalization Tanks, Project 739501, NCWRF Expansion To 24.1 Million Gallons Per
Day (MGD) Maximum Month Average Daily Flow (MMADF) - Liquid Stream, and Project 739502,
NCWRF Expansion To 24.1 MGD MMADF - Solids Stream, respectively. The source of funds is
Wastewater Impact Fees due to the fact that the exotics removal and landscaping work are
requirements of the Collier County Land Development Code and the building permitting process. The
exotics removal is also an in-kind services regulatory agreement between Collier County and the
Florida Department of Environmental Protection Agency. Therefore both activities are a direct
requirement of, and are part and parcel of the construction of the three aforementioned impact fee
growth related projects. Costs are allocated based on the relative monetary order of magnitude of the
three projects.
Total Estimated Project Costs: The project construction costs associated with exotic vegetation
removal and landscaping is $182,665.00. In addition, design and inspection fees of $50,000 were
incurred under a separate contract. Thus, the total project cost for this work is $232,665.00.
GROWTH MANAGEMENT IMP ACT: This project will have no impact on growth management.
The proposed contract is consistent with the 2003 Wastewater Master Plan Update as adopted by the
Board on May 25,2004 as Agenda Item IOC, and the FY05 Wastewater Capital Budget approved by
the Board on September 23, 2004.
RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio Governing
Board of the Collier County Water-Sewer District:
A. Award Contract 05-3778 to Hannula Landscaping, Inc. in the amount of $182,665.00.
B. Authorize the Chairman to sign the standard construction contract after approval by the County
Attorney's Office.
PREPARED BY: Peter Schalt, PMP, Senior Project Manager, Public Utilities Engineering
Department
--
Ag~tldli Itoem No 16C9
July 26, 2005
Page 3 of 14
COLLIER COUNTY
BOARD OF COllNTY COMMIS810NfJRS
Item Number
Item 8um,...ry
16ca
MNtlng Df:t.
Recol'l1lTlend.tion to ilward aid 11I05-3778 to HAnnula Landaclitung, Inc. tor thfl North
Counly II'Jatll!lf neclAmation F;u.ilit.~ (NCW.{F I Landscaping Inlpro\,'1If'lenls irl the R",olmt of
$182,66500. Projlll;1: Numbors 73077, 73950' and i39502
7126120059:00:00 AM
Approved By
Mikl\}1"uer Ac:quillition Man.gat' CI.ltl!
Atlrrilnl.!ltfatlve Sel,*~t'.11 Purehuln{l 7!'I~O()5 4:42 PM
Approved By
ThullIlUoiWidfls OfJeI4l1J~1ll0i'''c101 Date
Puhhe UlIlllles Public Utllitlu Ope'tIliM!t 1.Iti2lXJI11J:t9"''''
Approved By
Roy n. AndllT!iOfl. P .E. Public: UUlitiu Englnll!wrlhg Di..tlol Oa'.
f1ublkUtilitia.$ Publir: UfIli4ifl.'li Enoinlle,iolJ 7i7l200&.1:41 AM
Approved By
Sttl'\l!!C.rnell Pureh;jllling/GelleAlf Sves; Director D...
AUnlinl.lStu,li~e S"l!'rvit:~ Putell..."lng 1171100& &:2i AM
Approved By
G.GeutlJi!' Yit"'U SoIki Waitt' Diteelol D...
Public. UtIlille1J Solid W.ule 711/2005 10:~0 ..".
Approved By
JIIl\fl!lW.t>t>Lony PubUc UtiUlIl!lfi 4ol'u\nllll.llt\H Dllft
Publir; utilitir.J1 Puhlic: UUUlieuAdminiS;lrdtion 1i7/2DO''':01 PIA
Approved By
OMB COOfdinllor Admlnl!ltrlrtlvlt Anttunt D...
Cotml)' Milnaglllr's Offir.1lI Offil;" m M.n"JJ~t... I":hntg.' 1li.'100& t:6% PM
Approved By
SUllilnU~hf!r bnlor MlnalJll!l1M'lrtl8ud9f!1 Af1;1IY!lt Dale
Ct.lunty MaIlIl!'J"'"" O"If.:l" OfTir.P. nf Man.lgemcmt & Rudnt't 1'114;ZIIO&4:%9PM
Approved By
JllnlU V. Mudd Cnunly Man"!JIlf Dltr.
90l1nt n-f County Coun1y Manlgar's Orfil;~ 7r15iZU052:StPM
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Environmental Engineers & Scientists
Agenda Item No. 16C9
July 26, 2005
Paae 5 of 14
Hazen ana sawyer, -p,C.
2101 Corporate Boulevard
Boca Raton, Fl33431
561 997.8070
Fax: 561 997-8159
HAzEN AND SAWYER
July 1, 2005
Hans Peter Schalt, PMP
COLLIER COUNTY PUED
3301 Tamiami Trail East
Building H, 3rd Floor
Naples, Florida 34112
Collier County NCWRF Landscaping Project
Recommendation to Award Contract
Dear Mr. Schalt:
We have reviewed the sole bid for the NCWRF Landscaping Project, from Hannula
Landscaping, Inc. The table below summarizes the Engineer's estimate and the sole bidder's
proposal amounts:
Bid Description Engineer's Sole Bidder's
Item No. Estimate Proposal
--- North & East Property Lines $ 62,253.00 See #1
(Landscaoino & Irrioation)
Goodlette-Road & Main Entrance area $ 126,935.00 See #1
-- (LandscapinQ & IrriQation)
1. Subtotal for Landscaping & Irrigation $ 189,188.00 $ 170,694.00
2. Exotics Removal $ 10,000.00 $ 9,250.00
3. Allowance (10% of Item No.1) not included in estimate $ 17,069.40
Total $ 199,188.00 $ 197,013.40
Post-Bid Adjustments (see narrative (-) $14,348.40
below)
Adjusted Bid Total (see attached June
23, 2005 Bid Schedule from Hannula , $ 182,665.00
Landscaoing, Inc.) -
For the County pre-bid checklist, we provided an estimate of $150,000. That was a clerical
error in that it inadvertently omitted estimated costs for landscaping and irrigation along north
and east property lines. Please refer to the detailed estimate provided by our landscape design
consultant (attached letter dated August 9, 2004), which supports the engineer's estimate
amount listed in the table above. The true engineer's estimate should have been $200,000.
In order to bring the proposed cost more in line with the official estimate, post-bid adjustments
were solicited from the sole bidder and included a simplification of some of the low-level
plantings not strictly required to meet Land Development Code buffer requirements. The
revised Bid Schedule, dated June 23,2005 and signed by Dale Hannula, is attached.
O:40408L045
Now York. NY . Armonk. NY. Woodbury. NY . UpptH Saddle Fllver. NJ . Delrolt. 1>11 . Flalei9ll. NC" Char101te. Ne . Falrla.. VA. HoItytwood. FL. Boca Flaton. Fl. Fort Pierce. Fl. GainesvUIe. fl. Sarasofa. Fl. Miami. Fl
HAzEN AND SAWYER
Hans Peter Schalt, PMP
July 1, 2005
Page 2 of 2
Agenda Item No. 16C9
July 26, 2005
Page 6 of 14
In our opinion and that of our landscape design consultant. the proposal from Hannula
Landscaping is fair and reasonable. As such. we recommend the County award the project to
Hannula Landscaping, Inc. for the contract amount of $182,665.00.
Please contact us if you have any questions or comments.
Very truly yours,
HAZEN AND SAWYER, P.C.
~~~~
Kurt A. Pfeffer, P.E.
Project Manager
c: 40408
O:40408L045
Jun 23 OS 11:358
HANNULA LANDSCRPING
2394986818 1
Agenda Item No. 16C9 p.
July 26,2005
Page 7 of 14
~
HANNULA LANDSCAPING, INC.
28131 Quails Nest La ne
Bonita Springs, FL 34135
941..992-2210
TO:
Hazen And Sawyer
SENT VIA FAX; 561-997-8159
ATTN:
Kurt Pfeffer P.E.
FROM:
DALE HANNULA
RE:
North County Water Reclamation Facility
DATE:
6-23-05
Dear Mr. Pfeffer:
Attached is the revised proposal in accordance with the updated revisions frolD Mr.
Slabaugh, dated 6-22-05. Mr. Slabaugh asked that I forward them on to you.
If you have any questions, please call me at 239-992-2210.
Thank you,
Dale Hannula
RECEIVED
IlAZEN AhTJ) SAWYER. P.C.
B~ Raton. Florida
JUN 23 2005
Cc Mr. Dale 8albaugh
239-353-0814
........_~O.'""".....'......w,v.w.._""'~__"""_"""",_,;,~_
Jun 23 05 11:35a
HANNULA LANDSCAPING
239499SBIB p.2
Agenda Item No. 16C9
July 26, 2005
Page 8 of 14
BID SCHEDULE
NORTH COUNTY WATER RECLAMATION FACILITY
EXPANSION LANDSCAPE INSTALLATION
Bid No, 05-3778
: Item No,
Total
....,~
LumpSWXl
ConslnlCtiOD of the Nonh Coucty Water Reclamation
Facility ExpalUion - Landscaping project, including I
purclwe and installation of aU landscaping and irrigation
items, not including Schedule of Bid Prices, Item Nos. 2
and 3 in accordance with the: ContrlCt DocllmCt1ls, for a
lump sum price of.
~.... ""'....N~JU l. R~.se\leN ilIol.lol~ s.;>c
! ~"'lUl.1....l F\~~ Dollars and
I N~ C"~
l
I
: Removal of Existing Ex:otics in accordance:
I' Contract Dacum. ents, for a l~p run 'lricc of:
N.1\K. ~................1 ""'"'" ~
. F,.f~ DoHu! U1d
: N~ ._....._Cenu
. .
I SJ~!.iQ. trO,
, I
2 -TLump SWXl -.
with the !
I
I
II
,
,
I
I
II
,
-
-
: A.llowance
h._I Sq~50.0u
Contingency Allowance for unforeseen conditions during i
construction: (this item sbaU be used at the Owner's
discretioa, for unforeseen conditions). Amount of
1 aUowlIlce shall be ten (10) percent of Item No. 1 of the
I Schedule of BId Prices, Base Bid Schcd~ f
. 'R ~ft~J,) q-~ o....!I.~ SC\ICI\J)/t4 fIC.<<
S;x+., Pivll. Dollan and
AJt> Cents
.OQ
TOTAL BID PRICE FOR ITEMS 1 THROUGH 3 ! t<i.a.s '~S.OO
AMOUNTS SHALL BE SHOWN IN BOTH WORDS AND FIGURES. IN CASE OF DISCREPANCIES. THE AMOUNT
SHOWN IN WORDS SHALL GOVERN FOR EACH BID ITEM AND TOTAL BASE BID.
-
\Jo.l\A.c.. e"'~;""t~""'~ 'l((~""..~-c. ~ \1; ~ It r'C~ ~",,.,-e, ~~,.J. ~o"S "Rt:~~SiOH" Q;:)
t)ov\.c.. ~. S\''o,"_~,", J L.A.
n".. ~IUJ~h.v\1I\. LCll.....l1c.~.~ ::IJvL. t::>,~ E,-:lS..oS
C)~~
"D1f\Ua... F. l-f4~1J~ Pft.c.~i J~
,
WS-P-2
Jun 23 OS 11:368
HANNULA LANDSCAPING
-
2394986818 p.3
Agenda Item No. 16Cs
July 26,2005
Page 9 of 14
_.
Hannula Landscaping, Inc.
FAX COVER SHEET
FAX 239-498-6818
Date: 6-22-05
Time: 12:00 P.M.
Please Deliver The Following Pages To:
Name: Dale Slabaugh L.A.
Company Name: Dale Slabaugh & Assoc.
Fax # or Location: 239-353-0814
Regarding: North County Water Reclamation Facility
From: Dale Hannula
# Of Pages
Including Cover Sheet:
IF YOU DO NOT RECEIVE ALL THE PAGES, PLEASE CALL
Dale
AT (239) 992-2210
Comments: Mr. Slabaup:
In accordance with your revisions of 6.22-05, the additional
material will cost 55,192.00.
To Include:
+ 13 Live Oaks
10-12'
+ 20 Coeoplum 3 Kal.
+ 29 Green Buttonwood 10 RaL
,
Thank You:
Dale Hannula
Hannula Landscaping, Inc. . 28131 Quails Nest Lane. Bonita Springs, FL 34135 .
Phone (941) 992-2210 $ Fax (941)498-681&
FRll'1 : D~ A. 5LAERJGH, ASI.A
FAX NO. : 941 3S3 0814
23949B6~V!nda Item No. 16C9 p."
Jun. 22 2I!lIiI5J1~5P1
Page 10 of 14
Jun 23 05 11:36a
HANNULA LANDSCAPING
Dale A.. Slablw&b '" Auocia\e$, Inc.
3010 Tamarind lUcIae Drive
NaplCllo Fl. 34119
"P1l3S3.IJ87 ~3S3.0I14
Fax: "t18-" g( g
- ~ft~ <-/~
PegiM.: 2.. IncluclJng cover
10: ~~ lAtAVW"\ vtOt
"",-. ~ h. l)~
CC:
o U9nt OfcrRMlw 0 "'-ca.ment 0 ,... AIpIy 0 P-..1ellcJIde
.
<..
~~ aw., H.(.. L!~S J.o ~
it'\ -to ~OOr blot:
\ ~ II \re. Oatr 10-f1.. I
2.0 CocopluVYl ~~~.
2-'\ C..,y~ rauE-\o,",woool 10 ~(t1.
l=> l ea...~e.. ~ ~ Vl'\(, hew p ~\,C(, 0..5
~oo n Q S Cz1rM ccu". Lv
· · · . . · .Yha~ks. t~. . .
,
Jun 23 05 11:3Sa
HANNULA LANDSCAPING
FROM M...E A. SL.ASIUiH, ASLA
FAX t-O. : 941 353 0814
23S4SBSBA~nda Item No. 16C9p. 5
Jun. 22 20ia5J*:a!AI10Qii2
-Page 11 of 14
L....
Landscape. ArChltect
DAlE A. SLABAUGH. I>S.A
June 2..2005
0cI1l:: MCIlU1ul.
HUlVNI.. L...o...........,.. Com~
2813iQu.il's Nest Lane"
0....,""" Q~..Cl'" 1:1 ':lA 1 ~ "
NCWTF EXoensian p~
Landscape Pfan:Revisions
Dear D<iile.
DI.....;. ....... ..... taI'-ulng ~ h_ ~ c1olotod............ .... r.'f""--" ...~ .It.
irrigation plans for the above noted project you are cummtly bicking. The deletiQn$ are
a8 follows:
PIanti
a Pal
Jatropha:
Varig~.Afbicola:
. UgustnJm Tree:
(!~).1Jve oak 0 1ft12'x4"X1 7.' cal.
COCXlPIU"\~ ..J
~ deIeIiono: ",t'V1\Ad !>>dr ll'\bl4
Sorenoid valve; 2-;
3" main KneLF:
2" trunk line L.F:
23
4
18
4
-2!!r If.
_&<<:t
.2ff
62
2
390
1360
The majority Of the plant arid ir.rigetion defetions are In the area along the East property
line, which borders Veteran's P8rk.
Also, please not the area m the plan with the box and note indicating -nrture 'MJf4c area",
Is to be ~Ieted from YCMI bid at this time, including ell planting item$ and the irrigation
system for this area, 8& _II.
If you hiWe any questions, pleaae feel free to calf me.
Sincerety,
~iJ9..{lIJ .
Dale A.~ s.~.1A
. "
Land Planning ... Ptor"\tinQ & IrrigatiOn DeSign'. Consulting
6070 Tamarind Ridge Dr.,.Naples; "FL.~:l 1"9:
Tel (239) 353-8187
Fox (239) 353-08 14
FROM DALE A. SLABAUGH, ASLA
FAX NO. 941 353 8814
~n~I~<1~~ P3
July 26, 2005
Page 12 of 14
L...
Landscape Architect
DALE A. SLABAUGH. ~
August 9, 2004
Kurt Pfeffer
Hazen and Sawyer, P. C.
2101 Corporation Blvd., Suite 301
Boca Raton, FL 33431
Re: NCWTF, Landscape & Irrigation Plans, Collier County. Florida
Cost Estimates
Dear Kurt,
Here are the cost estimates for the landscape and irrigation installation for the abov~
noted project as shown of the previously approved plans. I have included !in allowance
for the site preparation as I don't know who will be providing the work, It needed to
clean-up, clear, fill and grade the work areas prior to installation. Also, the height and
width of the berm along Goodlette Road has not clearly been defined by Collier Coonty
or how the changes in the road, drainage canal and other factors may influence the final
profile of the berm. Not withstanding those issues, the cost estimates are as follows.:
North property line and East property line area plan:
Planting per plans and specs:
Pine straw:
Site prep allowance:
(Sod, if required, to be determined)
Subtotal:
Irrigation System as designed:
(Water source, PSI and GMP to be confirmed)
Subtotal this phase:
$ 41,108.00
1,875.00
2.000.00
$ 44,983.00
$ 17,270.00
$ 62.253.00
Goodlette Road Berm, Main Entry Area:
Planting per plans and specs:
Pine straw:
Site Prep allowance:
Sod: (estimate only) Approx. 30,000 SF @ .26
Subtotal:
$ 101,035.00
3,600.00
2,500.00
7,800.00
$ . 114.935.00
Land Planning · Planting & Irrigation Design · Consulting
5070 Tamarind Ridge Dr.. Naples; FL 34119
Tel (239) 353-818.
Fox (239) 353-0814
FROM DALE A. SLABAUGH, ASLA
FAX NO. 941 353 0814
__ndlillI1i8l39lq.~~ P4
July 26, 2005
Page 13 of 14 2..
Irrigation System as designed:
(water source, PSI and GPM to be condfirmed)
Subtotal this phase:
$ 12,000.00
$ 126,935.00
Please let me. know if you have any questions orif you need any additional information.
Thanks, Kurt. Let me know if you have anything else I can look at for you.
Agenda Item No. 16C9
July 26, 2005
Page 14 of 14
0nIIndan QB:
Qr1
.... Aflr.p""" 10
* 10
DeIig"I --
0nIIruttIan --
It..-:liu I n:t... dIIV1
Pn:itd'nllal
Qr3'Q14.Qrtgtl, ~"~Qr1't.1I2;Qr3~~Qr1c>>Qf.i.,",Qr1!c:1r2~gp(
H-
-
Recommended Action: Recommendation to award Bid #05-3778 to Hannula
Landscapingt Ine. for the North County Water Reclamation Facllity (NCWRF) Landscaping
Improvements in the amount of$l82t665.00t Project Numben 73077, 739501t and 739501.
Agenda Item No. 16C1 0
July 26, 2005
Page 1 of 12
,-
EXECUTIVE SUMMARY
Recommendation to approve Work Order VC-02-30 under Contract 02-3349, in the
amount of $197,100 to WM. J. Varian Construction Company, Inc. to effect repairs
to the reclaimed water storage tank at the South County Water Reclamation
Facility, Project 74031.
OBJECTIVE: To obtain Board approval to award a work order for repairs of the South
County Water Reclamation Facility (SCWRF) reclaimed water storage tank. The public
purpose of this project is to improve the reliability and extend the life of this storage tank.
CONSIDERATIONS: The SCWRF 6 million gallon reclaimed water tank has
numerous leaks that are causing deterioration of the structure of the tank. The work to be
performed under this project includes all activities necessary to repair leaking cracks and
joints in the concrete tank wall and floor, estimated at a total of 3,500 linear feet.
A Request for Quotation was sent to four contractors under Contract 02-3449, "Annual
Contract for General Contractor Services." Two responsive quotations were received on
June 28, 2005. The Quotation Form provided fOT a base bid for repair of the leaks and an
optional bid for cleaning the balance ofthe tank interior. The two responsive Quotations
received are listed below:
-
Optional:
Tank
Cleaning
$34,340
$ 39,592
Vendor
Base Bid
Amount
The Chris-Tel Company
WM.J. Varian Construction
Company, Inc.
$ 198,742
$197,100
Staff has elected to only award the Base Bid amount. The lowest responsible, responsive
Quote was received from WM.J. Varian Construction Company, Inc. in the amount of
$197,100. This amount is higher than the design professional, Malcolm Pirnie's cost
estimate of $153,153 due to a higher cost associated with tank cleaning, and contractor
mark-up. However, this amount is within the project budget. Staff and Malcolm Pirnie,
Inc. (letter dated July 5, 2005, attached) have reviewed the bid and qualifications of the
low bidder, and have determined that WM.J. Varian Construction Company, Inc. and
their sub-contractor are qualified to perform the required work.
The County Attorney's Office reviewed the work order for legal sufficiency. The Clerk's
Finance and Accounting Division has reviewed the information contained herein.
FISCAL IMP ACT: Funds in the amount of $197,100 are available in the FY OS budget
for this action in Project 74031, SCWRF Reclaimed Water Tank Repair. Source of funds
is User Fees (Fund 414). Funds for this project are included in the fiscal year 2005
---
Agenda Item No. 16C1 0
July 26, 2005
Executive Summary Page 2 of 12
SCWRF Reclaimed Water Tank Repair
Page 2
Capital Budget for the Wastewater User and Impact Fee Funds, approved by the Board
on September 23,2004.
GROWTH MANAGEMENT IMP ACT: This project will have no impact on growth
management. The proposed work order is consistent with the 2003 Wastewater Master
Plan Update as adopted by the Board on May 25, 2004, Agenda Item IOD.
RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio
Governing Board of the Collier County Water-Sewer District:
1. Approve Work Order VC-02-30 to WM.J. Varian Construction Company Inc.
2. Authorize the County Manager, or his designee, to execute the Work Order.
Prepared by: Alicia Abbott, E.!., Public Utilities Engineering Project Manager
Agendu !tern No. 15C1Q
July 213, 2005
Page 3 of 12
COLLIER COUNTY
BOARO OF COll~TY COM~I.s.SI()NF.RS
'''m Number
Item Summ.ry
16C10
RecOrlllY"Jr'OJiltiOrl w appr'~...& I/,icort: Ord~r VC.C:>~~o uflci/:Ir Contract 02-3~9. In the amount
cf $197, 100 tt> Vo/M. J. V5risn COllstnJ';tlcm C~rIlpar,~. 11\<;. to elfet.'t repair&;o 1M!! rel'iamled
WQtOlr '\ltora~" tar,i'.t INl South GClunty Wlltor Rflc;llilrr.~tio" Facil!ty. r:rojflct 740J1
M..Ung Oaw
11:612005 9:Q(I:{iO AM
Approved 83'
Rc.V fl. And"f!Um, P .f,
Puhlie UtitllWls et\ghtf!~m,g Director
0...
Public Utllltiu
Public Uallltt'Ji Enginl!eliny
7i112ll0&5:0AM
Approved By
G. C3f!o'~l' YilnllOl
Soli<.t Wutl,> Oirecl.....r
Dalll'
Public Ulililles
SnlidWule
7!1!2:00110:21 AM
Apprnved By
L.vn WlJOO
PurchlfsiFlg Aqeflt
Dille
Arlminist,ati'lf! Sllrvicf!1i
Purl;b.s;ing
TI7I201l'4:..7PM
Approved B.y
S1e'ltCllrnell
PurC!lilt;inyIGltnelal SVCJ< Director
"...
AUl'frinj.!ltf;ttlv~ S~lVrees
PUlchi!l:l;ing
1'/812!lOIiHI6 AM
Approvcd By
Thumll:io: W'idu
Ofl'Mllfjl)lF'ii. Djrl!!~~tfJr
....
Public Ulililies;
Public Ulllitilt50peratilJo/ls
7.'lll005 8~51 AM
Approved By
JJllnllliW.Orl..ony
Publi..: Utllltle,l; AUWlinlslraicll
Dille
Publlr.tJtilitm$
PUhlir::: Ufililie.'l Admmi,uo,tlon
7:1.l200610:&!4M
Approved By
Ot.M! COOldinalot
Admillislr.ttveAIi.!listOlnf
D;rtti'
C"'Ulll~' M;anilgp.r'1i Officii'
OWe.. nf Manag..n..nl <'I. fJUclgM
7./i.'ZOO&l:UPM
Appn,ved By
Sll'jlnU~hi!r
S..nior ManagemeTltlBudgel Anal)!!;t
Dale
Cr.dJnt)' tdana!1",r., OHi!;t'
Offltf! of M"m'lgiJtJlf,nf i I:ludgf!t
1113.iZgbS ~..S7 PM
Apprond By
J,UTlU 1/, Mudd
C<tl.ll'lly"""*n.gllr
DBu,
8011rri 01 Cnuoty
COl'flfTlif:$iunti'rso
CQUrdy MMrwger's OUit'"
7115/lQ052:45PM
Agenda Item No. 16C10
July 26. 2005
Page 4 of 12
WORK ORDER #
Vc-02-30
RGeneral Contractor's ServicesR
Contract #02-3349, Dated JUDe 11, 2002
This Work Order is for General Contractor's Services, subject
to the terms and conditions of the Contract referenced above,
for work known as:
Project: South Countv Water Reclamation Facilitv Reclaimed
Water Tank Repair.
The work is specified in the proposal dated June 28. 2005
from WID. J. varian Construction Co. (lowest quotation
received) which is attached hereto and made part of this Work
Order. In accordance with terms and conditions of the
Agreement referenced above, Work Order VC-02-30 is assigned to
WID. J. Varian Construction Co.
Scope of Work:
Provide necessary services to effect tank repair and tank
resurfacing of the South County Water Reclamation Facility
Reclaimed Water Tank.
Schedule of Work: Complete within 55 Cal. Days from issuance
of Notice to Proceed.
Comoensation:
In accordance with Item 3 of the Agreement, the County will
compensate the Firm in accordance with the quotation and unit
prices provided in the quotation for the total amount shown
in the schedule below.
Total: $ 197,100
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
:::::t~y: ~~~ 7-5-DS.
Alicia Abbott, Project Manager Date
Public Utilities Engineering
/1 ~
. Anderson, P.E., Director
ic Utilities Engineering
APPROVED
7-C-(7'7"
Date
APPROVED BY: C:::--... - _-:? \. ,,--
George Yilmaz
Interim Wastewater Director
~/rl)-
at~
APPROVED
BY:
James W. DeLony, P.E.
Pub~ lities Administrator
BY:W
NAME OF FIRM
?R~~-r
Title
Date
ACCEPTED
7- (P -() r
Date
BY:
Witness (two):
~~A!
Approved as to
Form and
Legal Suf
-
~
Assistant County Attorney
416 Cost Center: 263614 Object Code: 763100 Project: 74031
Agenda Item No. 16C10
July 26,2005
Page 5 of 12
~
MALCOLM PIRNIE, INC.
INDEPENDENT ENVIRONMENTAL ENGINEERS. SCIENTISTS & CONSULTANTS
July 5,2005
Ms. Alicia Abbott, E.!., Project Manager
Collier County, Public Utilities Engineering Depattment
3301 East Tamiami Trail, Bldg. H
Naples, Fl34112
Reference:
Reclaim Water Storage Tank Project
South County Water Reclamation Facility
Dear Ms. Abbott:
Malcolm Pimie reviewed the two proposals for the above-referenced project. The
proposed prices exceeded our original estimate. The major differences appeared to be in
the tank cleaning and the contractor markup. However, both proposals included Schnell
Contracting, Inc. as the specialty subcontractor. Schnell is a highly qualified contractor
capable of completing the work, and was one of three contractors pre-qualified early in
the project.
Although the pricing is higher than expected, the proposals are within the project budget
set by the County. Based on our review, we recommend that the County award the Wm.
J. Varian Constnlction Company (with Schnell Contractors, Inc. as the specialty
subcontractor) to complete this project.
If you have any questions or need any additional information, please feel free to contact
me at (239) 332-1300.
S incere1 y ,
M.....llcolm p~.r' hJj
/!~, /P Jl-
~ Tilm3II, P.E.
Project Engineer
4037-064
43!5 METRO PARKWAY
SUITE 520
FORT MYERS. FL 33916
239<~32-1300
tax 239-332-1789
hltp:/iwww.pirnls.com
REC':'CLfO PAPER
061.28/2805 15:11
3344592
;.
THE CHRIS-TEL COMPANY
General ContractonlConstructioD Manalers
FAX
To: (I., lk"" ~ '".f -J.....; OJ ~ .
Phlm.e:
Pax:
cc:
Agenda Item Ng~C1~1/83
July 26, 2005
Page 6 of 12
2546 Edison Avenue
Fort Myers, Florida 33901
Om: ~I"U'_ ~ DloOr
Number of pages Including caver sheet; ':3
From:
Came BemqaiJI
Phone: (239) 226-0500
Pax: (239) 226-oS03
Jle:~ ~~... G.~Ia..J;...
l1a.1'~ I:.t.,.. "M s. 'Z..IJ .:.-. ~ -~ ~ '.,.
1tEMABKS:
For your review
Please comment
Urgent
Reply ASAP
.-
86/28/2885 15: 11 3344592 Agenda Item N~C1'l./83
July 26, 2005
COLLER COUNTY FLORIDA REQUEST FOR QUOTATION Page 7 of 12
RFQ under Contr1ICt *>>2-8349 - Annual Cur.bw for General Contractor Servfcn
South County Water Reclamation Facility
Due Date: June 28, 2001
!iIm61IIt.BIII
Due Date: June 28, 2005
The undersigned. _ quater, hereby decIarea that helshe have examined the
epecIftcations and Informed hlmMlfIherIeIf fully in regerd to all term8 and conditions
pertaining to the project and. If thil quotation Is accepted, to furnish the 8eIVice In
accordaftce with _ terms and conditione lit the COlt noted:
....... Ed...... Unit Unit Amount
Quantity PrIce
Mobilization/Demobilizatlon 1 lump 58,075.00 $8,075.00
Sum
Con~ Crack Repeir -J7 1,800 LF. $38.30 $58,080.00
Expanelon Joint Repair'; / 9OD" LF. $42.35 $38,115.00
Contraction Jotrt Repar ./ 500 LF. $12.70 $6,352.00
Concrete Surface Repair v' 500 S.F. $54.45 $27,225.00
Tank Cleaning (Exp. Jolnta 18,000 S.F. $3.32 $58,895.00
only)
TOTAL BASE BID PRICE 5198,742.00
Optional Tank Cle8nlng
(remaining tank interior 101,000 S.F. $.34 $34,340.00
8Urta~)
· ~ a..- COI'rKIed ltDm...ay.",." In .".,...,.",.
2
06/28/2005 15: 11 3344592 Agenda Item ~~cf~/B3
_~ 26, 2005
IN wm-ESS WHEREOF, WE h8ve Iweunto subsCrIbed( our names on this ~fJitff 12
of ~ ..: 2005, in the County of .. " , and In
theltateof_ _I~J_
~. r~~s~Sa.~.:,
0!.1 ea:a.c" o~d 0 ~1 ~ of'D3
Phone No. Fax No.
Em8JI: ~ r...."IaJq.."'P"'j ~ ~ _4~4. ""d-
Q~(~ ~cn- ~-'
Address
~ + 1l'l1i"'1 f ~L ,3.'9QJ
Ity, State, Zip Code
BY:
/.;~
Vlt' II ~ ?N5l:~
TItle
(A);L1:~ A-U~~
Name TypedIPrinted
ld/~
08t8
:3
Jun,28 05 06:28.
lrJm J Varian
239 352 63~ijenda Item No. 16~~cf
July 26, 2005
Page 9 of 12
TEL. 239-775-1178
FAX 239-732.Q820
cae 061412
CCC 057950
WM. J. VARIAN CONSTRUCTION CO.
GENERAL CONTRACfOR
1400 BLUEPOINT A VE."102
NAPLES 1l'L. 34102 .
DATE:_6fl8IOS
TO: Mike Hauer
FAX: 732 0844
HE: SCWRF t8Dk repaiJ:
. SPECIAL INSTRUcnONS:
Mike.
Please accept tile following peaes as our bid per tile specifications recicved
Any qucstious please call
'I'hIIDk You, _ .1.C) U '
Bill var:~~
President
NO. OF PAGES INCLUDING COVER.: 3
. .
IF THERB IS A PROB1.BM WI1H nns FAX, PLB.A.SE CAlL (239)-775- 1171 AND LEA VB A
MESSAGE.
.-
Jun.2B 05 06:29a
LJm J Varian
239 352 63~~nda Item No. 16t'1"01
July 26, 2005
Page 10 of 12
COWER COUNlY FLORIDA REQUEST FOR QUOTATION
RFQ under Contract t02-3349 - Annual Contract for General Contractor Services
South Countr Water Reclamation Facility
Due Data: June 28, 2005
QUOTAnON FORM
Due Date: June 28, 2005
The undersigned. as quater. hereby declares that he/she have examined the
specifications and infonned himselflherself fully in regard to all tenns and conditions
pertaining to the project and, if this quotation is accepted. to furnish the seIVice in
accordance with these terms and conditions at the cost noted:
Hem. Estlmat8d Unit Unit Amount
Quantity Price
MobilizationlDemobillzation 1 Lump $9,000.00 $9,000.00
Sum
Concrete Crack Repair 1,600 LF. $36.00 $57,600
Expansion Joint Repair 900* LF. $42.00 $37,800
Contraction Joint Repair 500 L.F. $12.60 $6,300
Concrete Surface Repair 500 S.F. $54.00 $27,000
Tank Cleaning (Exp. Joints 18.000 S.F. $3.30 $59,400
only)
,...... - ...,.
TOTAL BASE BID PRICE ( $197.100 .
-........ --- \"J ~/O s
Optional Tank Cleaning (,e
(remaining tank interior 101.000 S.F. $.39 $39,592
surfaces)
--
* Eatilllllfed Quantity COITeCI.ed hm quantity ahown In specIIIcaIIons
2
Jun~2B 05 OS: 31a laIm J Varian 239 352 S3AAnda Item No. 16tf'1'01
July 26, 2005
Page 11 of 12
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this _28th_
day of _June . 2005, In the County of _Collier
and in the state of _Florida
Wm. J. Varian Construction Co., Inc.
Finn's Complete Legal Name
_(239) n51178
Phone No.
(239 )732 0820_
Fax No.
Email: _BIll@. Vatianconstruction.COtn_
_1400 Bluepoint Ave
Address
Naples, R 34102
City, State, Zip Code
BY: wJ- ~
Signature
PtesIdent
TItle
_WilHam J. Varian, CGR CAPS
Name TypedlPrinted
Date June 28, 2005
3
Agenda Item No. 16C 10
July 26, 2005
Page 12 of 12
EVENT c.t
Qlr2
Land Acqula1tlon
",CIllO +-
Can.tnactlon $1111',100 -
Fol~ _rk/ MO,CIlIO
Paint tank
Project Toad _.100
Recommended Action:
Agenda Item No. 16C11
July 26, 2005
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation to approve Amendment No.3 to Work Order No. GH-Ff-02-9;
Contract 00-3119; Professional Utilities Engineering Services Agreement with
Greeley and Hansen LLC for the Design and Construction of the Santa Barbara
Sewer Force Main Interconnect between the North and South Wastewater
Collection Systems, Projects 73132 and 73151, In the amount of 587,040.
OBJECTIVE: The public purpose is to design and construct a sewer force main
interconnect system along Santa Barbara Boulevard and Logan Boulevard which will
allow flows to be transferred between the North and South Wastewater Service Areas.
,-
CONSIDERATIONS: On July 30, 2002, as Agenda Item 16 C 4, the Board approved
Work Order GH-FT-02-9 with Greeley and Hansen LLC to design a sewer interconnect
which would allow sewer flows to be transferred between the North and South
Wastewater Service Areas. The proposed sewer force main interconnect is about six
miles long and will be installed along Santa Barbara Boulevard and Logan Boulevard
from Radio Road north to Vanderbilt Beach Road. The project also includes the
construction of a new pump station and modifications to an existing wastewater pumping
station on Santa Barbara Blvd. and Radio Road.
On September 9,2003, The Board approved, as Agenda Item 16 F I, Amendment No. I
to the professional engineering services agreement with Greeley and Hansen LLC for
$82,700 to cover increased efforts in easement acquisition and permitting.
On September 9, 2004, the Public Utilities Engineering Director and the Purchasing
Director, as permitted in contract 00-3119, approved Amendment No.2 for $38,912 to
cover additional work to the site and pump station redesign as the result of unforeseen
underground conditions. During excavation the contractor found an artesian well and was
unable to dewater the site without flooding the immediate area of the construction.
Construction of the force main is nearly complete. Construction of the pumping station
has recently started. The original Work Order, as modified by Amendments I and 2,
included full-time observation of construction of this project not to exceed 1,760 hours of
Greeley and Hansen inspector time and $29,000 of sub-consultant structural and
electrical inspection time.
,-
The redesign of the pump station required additional construction work and extended the
construction time an additional 30 weeks. This Amendment No. 3 includes required
engineering, construction management and construction field inspection services that
were not included in Greeley and Hansen's original contract or Amendments Nos. 1 -and
2. The additional projected costs are based on 30 weeks of construction time with an
average of 28 hours per week of construction observation and 4 hours per week of
construction management.
Agenda Item No. 16C11
July 26,2005
Page 2 of 10
Staff has negotiated a fee increase of $87,040.00 for Amendment No.3. All the specific
details on the additional services described above are documented in the April 27, 2005
proposal from GTeeley and Hansen LLC, which is attached. The following summarizes
the breakdown of cost associated with this proposal.
Original
Task 1 $455,460
Task 2 $ 15,760
Task 3 $187.860
TOTAL $659,080
Amendments 1 +2
$ 34,160
$0
$ 87 .452
$121,612
Amendment 3
$0
$0
$87.040
$87,040
Totals
$482,060
$ 15,800
$369.872
$867,732
(lump sum)
(lump sum)
(T&M)
After a careful analysis of the proposed costs and comparing them to similar proposals on
file Staff finds them to be fair and reasonable and recommends approving and authorizing
Amendment No.3.
The Clerk's Finance and Accounting Division has reviewed the information contained in
this Executive Summary.
-
FISCAL IMPACT: Funds in the amount of $87,040 are available in County Projects
Nos. 73132 and 73151-Santa Barbara Sewer Force Main Interconnect between the North
and South Wastewater Collection Systems. Source of funds is Fund 413-Wastewater
Impact Fees. 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 is consistent with and furthers the
Goals, Objectives and Policies of the Collier County GTowth Management Plan and is
consistent with the 2003 Wastewater Master Plan Update adopted by The Board of
County Commissioners on May 25, 2004, item 10 D.
RECOMMENDATIONS: Staff recommends that The Board of County Commissioners,
as Ex-officio goveming board for the Collier County Water-Sewer District, approve and
authorize the County Manager, or his designee to execute Amendment No.3 to Work
Order No. GH-FT-02-9, the Agreement for Professional Utilities Engineering Services
with GTeeley and Hansen LLC, for the design and construction of the Santa Barbara
Sewer Force Main Interconnect between the North and South Wastewater Collection
Systems.
PREPARED BY: Porfirio E. GTamatges, Principal Project Manager
Public Utilities Engineering Department
~
AgBnl,)E1 IWn"l No, 16C11
JUly 25, 2DOS
P,tgi& 3 of 10
COLLIER COUNTY
BOARO OF COUNTY COhUdJAalONfRS
'''m Number
'blm IUmrrMlry
16C11
Rtcornmerniation to aPJlrova amendmen1 No_ :) io Wl:lrk Order No. GH.FT -0:2-0; ConfJ'act
OO~11S; Prvf"'ol'lal utilibe-. EnOlnetor1ng 5ltf'1lC'" ...1.1....m.nt with Gl'nlll~ and H&nMM
LLC for hI Dnign and oon.truatior'\ ", tn. Sanlll B.rtarl !lewDr F.,r~ M.i" In'$rCOM4el
betweel'llhtl Nurlh IUld South W.l<!e'Niltll-r Collttc:;Uan S)'tit.",... Prolect" 7~132 Dnd 13~ 51,
illtr\& .l'Yt~untJ:lfSt1;.Q.1I-O
M..llng DeD
1~~005 9.00:00 AM
Apprond By
L~t1 Wood Pllrt:.hning AI'"1 Olle
Il.nmMlu.lr,bve S"rvjell\, PUrd'lI'lhiJ 1111200i1l't:01AN
Apprnld By
Stlr,fflClIlrnflll PUrc.hlsina/Gr.IlM.al 've.. OlrlH:1or Do"
A.dmlnltJtrlrtive SeMu. Purchninl 1'1&l2001i 2:10PM
Approvltd By
ThunMI1. Wldu Of*'1ilt1l)n~ Dftt:tor Dm
Pl.lblklUtJllIiM Publ/(: UtfUturt Op,,""iOft' 7IILUOIt:10AM
Approvllld By
Ploy 9. Andnrwon. p.E, Public: Utilities I::l'lli'll,,",trlg DlIec.lor "",.
"utll~r. Ut\lrtiu PUhlic. UflllH4'l1 f;"gltlftt!l'lnll 1/1120ni I:'"AM
Approved 8y
U.QeDrgfl VlIrtVl.1 Ilotk:l W.~fl DiMel!)' ""..
PubU~~ Uf/lltl~, SoUd Wnt. TllnOOti11;1'AM
Approved By
JIlIfJ\eIOW.DIlII..MY Publje UUlltill.s Alfmml,trllltor DllIlf'
Pubtlc:UtilftlflM f'lubllc UUlitl., Au.,lInl,rrolltloo 711/20063:l1 PM
Apprund 8y
01AB Ca0r4lnlllor Adminlll,..tiyt! "ul'I'111 Oat.
CUUfltV Mlna'ol"'" Oflkl!: Ofl1c;e tit" NlImtli'lt!"'lnl & Budget 7/11/200511:14AM
Appruved By
$u""IUlIlul'f Iollfllor MltnlllGIft1Mu,llfIuu1lfllAn.lly,,1 0...
COllnty M"t\lIl9",'1i ONiu Offi....-fI of "'an,o.""nt & &lIdQflI 7/1"'200A 1:11 PM
Appraved By
JamuV. Mudd Cnunty h\vllgllf ""'.
.....rd ~ Counly
C-ommi,."lQn4\f'!S CDlJntyMallollUtr's Ortlc. 7115/2008 .&:.Q PM
Agenda Item No. 16C11
CONTRACTIWORK ORDER MODIFICATION ~g
CHECKLIST FORM 1!
. 73\3Z
PROJECT NAME: Santa Barbara Force Main Interconnect PROJECT #:..79g1921SID #: 00-3119
MOD #: LPO#: 206652 WORK ORDER #: GH-Ff-02-9 DEPARTMENT: PUED
Original Contract Amount: $ 659.080
(Starting Point)
Current BCC Approved Amount:
$ 741.780
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 780.692
(Including All Changes Prior To This Modification)
Change Amount:
$ 87.040
Revised ContractlWork Order Amount:
$ 867.732
(Including This Change Order)
Cumulative DoUar Value of Changes to this Contract/Work Order: $ 208.652
Date of Last BCC Approval 9/9/2003
Agenda Item # 16 F 29
1(,.'1
..Qrl+ %
Percentage of the change over/under current contract amount
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.C.4.
CURRENT COMPLETION DATE (S):ORIGINAL: 4/1/04
CURRENT: 2/15/06
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Amendment No. 3 is for enaineering
services necessary to orovide additional construction manacement. structural and electrical insoection time.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The
construction schedule time has increased and the desian of the orolect has chanaed. so additional time for
construction manaaement and insoections is reauired.
PARTIES CONTACTED REGARDING THE CHANGE: PU Enaineerina CW. Mullin). Waste Water Collections
(5. Naav. D. Fitts)
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA)
-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- Propbsed prices, fees and costs set forth in the change are reasonable
ION: This form Is to be signed and dated.
Date: {./z.rJfa=
Iold9/~5
APPROVE BY
REVIEWED BY:
Revised 4/25/2005
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Agenda Item No. 16C11
July 26,2005
Page 8 of 10
EXHIBIT A
COLLIER COUNTY GOVERNMENT
PUBLIC UTILmES ENGINEERING DEPARTMENT
Amendment No.3 to Work Order #GH-FI' -02-9
Phase 2 Engineering Services for Design and Construction of the East Interconnect between the North
and South Wastewater Collection Systems
ScQpe of Services
Greeley and Hansen LLC
April 27, 2005
Greeley and Hansen LLC, herein referred to as ENGINEER, shall perform engineering services for
Collier County, herein referred to as COUNTY, associated with additional services as required for the
Phase 2 engineering services for the East Interconnect between the North and South Wastewater
Collection Systems (also known as Santa Barbara Force Main), herein referred to as PROJECT, for
COUNTY. This amendment shall be completed in accordance with the tenns of Contract 00-3119.
BACKGROUND:
The scope of services for Phase 2 was for the design and engineering services during construction of the
Santa Barbara Force Main. The tasks included the final design, bidding services and services during
construction. The original Work Order did not include an allowance for additional services.
The PROJECT is currently under construction. Construction of the force main is nearly complete.
Construction of the pumping station has recently started. The original Work Order, as modified by
Amendments 1 and 2, included full-time observation of construction of PROJECT not to exceed 1,760
hours of Greeley and Hansen inspector time and $29,000 of sub-consultant structural and electrical
inspection time.
Amendment No.3 includes required additional services necessary for the additional construction contract
time. The amendment will increase the amount of time that is needed for construction management and
construction field inspection by the ENGINEER The additional projected costs are based on an
additional 30 weeks of construction time with an average of 28 hours per week of construction
observation and 4 hours per week of construction management.
This amendment includes one additional task:
Task 3.5: ADDmONAL FULL TIME RESIDENT INSPECTION AND CONSTRUCTION
MANAGEMENT
Page lof2
Agenda Item No. 16C11
July 26, 2005
Page 9 of 10
Provide full-time observation of construction of PROJECT, not to exceed 840 additional hours of
Greeley and Hansen inspector time and $4,000 of additional subconsultant s1ructura1 and electrical
inspection time. Amendment No.3 also includes an additional 120 hours of construction management
time. The total inspector time for construction of the PROJECT (including this Amendment) is not to
exceed 2,720 hours. All services for this Amendment are Time and Materials.
A breakdown of additional costs is shown in Exhibit B-1.
SUMMARY
ORIGINAL AMEND. 1 AMEND. 3 TOTAL INCL.
TASK DESCRIPTION COST AND 1 COST COST AMEND. 1,1 AND 3
I Final Design $447,900 $34,160 LS $0 $482,060 LS
2 Bidding Services $15,800 $0 $0 $15,800
3 Services During Constr. $195,380 $87,452 T &M $87,040T&M 5369,872T&M
TOTALS 5659,080 5121,612 $87,040 $867,732
The breakdown of costs is shown on Exhibits B and B-1, attached hereto.
CURRENT
TASK NO. DESCRIPTION COMPLETION TIME
(WEEKS)
1 Final Design 39
REVISED
COMPLETION TIME
(WEEKS)
39
2 Bidding Services 12
12
3 Services During Construction 45
75
TOTALS
96
126
Note: LS = Lump Sum
T &M = Time and Materials
Page 20f2
FY'OS
2001
Project Neme: Santa Barbara Sewer Force Main Interconnect
Agenda Item No. 16C11
July 26, 2005
Page 10 of 10
I'Y07
ZOO7
, . -. ., !
CIlr1..l:IIr2 GlrtiQt1t4 i CIlr11l:llr2lGlrt IQtlt4IQ\r1!~iGlrt i "",i Q\r1iClir2! GIrt i"",iCllr1!C1ir2 i aerai"",
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t ~
EVENT eo.t
LIInd Acqul.ltlon tItI...
LIInd ZOnln ..
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eon.tructIon .........
In.,.ctIon ...,...
Project TCItIII f1' ........
Recommended Action: Recommendation to approve Amendment No.3 to Work
Order No. GH-Ff -02-9; Contract 00-3119; Professional Utilities Engineering Services
Agreement with Greeley and Hansen LLC for the Design and construction of the Santa
Barbara Sewer Force Main Interconnect between the North and South Wastewater
Collection Systems, Projects 73132, 731540 and 73151, in the amount of $87,040.
Agenda Item No. 16C12
July 26,2005
Page 1 of 3
~
EXECUTIVE SUMMARY
Recommendation to award Bid #05-3867 for the purchase of an Itron Mobile
Collection System to Hersey Meters Company. Cost Is $33,000.00.
OBJECTIVE: Authorization to purchase a Mobile Collection System, with expanded
capabilities designed to enhance the collection of water meter billing data.
~
CONSIDERATIONS: The County reads water meters by using a Mobile Collection
System, which reads meters remotely from a vehicle driving down the road. This type of
meter reading allows a meter reader to read more meters in a given period of time than
could be read in a manual environment; it provides more accurate meter reads; it is a
safer method of reading meters; and, it allows meters to be read in inclement weather.
This purchase will combine the County's remote meter reading capabilities with global
positioning software (GPS) and provide a critical backup. GPS provides the latitude and
longitude of water meters. This information is stored within the Mobile Collection
System and immediately identifies meter reads that are missed. In addition, this
information is used to optimize the meter reading routes thus reducing time and fuel
consumption, increase productivity and improve meter reading reliability. The existing
Mobile Collection System will be used as a backup (repairs require the equipment to be
returned to the factory because of calibration).
Bid #05-3867 was posted on June 15, 2005. Three (3) inquires were sent and two (2)
bid responses, and one (1) no bid response were received and opened on June 29,
2005.
Staff has reviewed the bid and recommends award of Bid #05-3867 to Hersey Meters
Company as the lowest qualified responsive bidder.
FISCAL IMPACT: Funds for the purchase of the Itron Mobile Collection System are
budgeted in County Water/Sewer Fund (408).
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact
associated with this Item.
RECOMMENDATION: That the Board of County Commissions, Ex-Officio the
Governing Board of the County Water-Sewer District, award Bid #05-3867 for the
purchase of the Itron Mobile Collection System.
PREPARED BY: Mary Jo Thurston, Revenue Manager, Utility Billing and Customer
Service Department.
r--
ItIIm Number
ttem aummar)'
MHtlnCl DAta
AppNlved By
MAry .10 Thurltan
P~b1"'Utllltl.1
Agendeltorn No. 1eC12
July 26. 2005
Paq" 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COYMIUIONE'RS
16C.12
R.oornrn.nda1icn tCI aWlre! Bid fOS~3867 JDJ the pontlll" of an Itron MobIl. Coll.obert
l5y.m to H.""~ Met"/lII Company, in Ih. amount of $33,000,00, fQf It'll Ut!IU)' BlUing and
Culltom.r S.rviOll l)ep.rtrn.nt
.'126120058:00:00 AM
RllI'lIlfntJeMlinlllltr
001.
ullea
716f2DOI4:1IPM
"'bHeCJ4lt
Acqu,...tlon M1m.tlllr
Dol,
Appl'eved By
Adfnlrll,;trat.lvl&t:rvir.es
Pun;tul.t",
1IfjiIDOJ.:3TPM
Approved By
John A.. Ycmkl)lI~)'
flubticUftlltltt&
UUUty IIIIhl9 Dlf'IIl.1"ur
use.
0.11
rlfl'JGOS 1:1D 1"'"
Approved By
D...
Stwe C.meil
Adminla"iltlY.. a.rvk:..
Purch..lhgIGllnlt-' '\lei Dirldot
Pun:hlllllllD
71113001 2:'" "M
TIIomall WWII.
op.,.uun. DlIWt10r
Dol,
Apptut',d By
Public UUUUIII
Publk: UUlille. OperaltorlS
7/1J11011:.c:aAM
Approved By
J"me.. W, DeLony
PlJbllcUtllttlllll
Public utlllIie, Admlrrlltr.tof
D...
711/UQIi11:1l2AN
PUblic UtlIIHu AdtninhllrOltlon
Adnunllltl'lathll Aall1'*lant
Dol'
Approved By
OMB Cuordln.tor
Coun,y M_nnglJt'. \')fftClr
OffIce of MlIo_ntll'nem '" SUdg"
711JZODl ):"~N
OffiC:1I at M.n/lgflrMnt" RUdQftt
1111/101)'1i:0.M
Apprtlved By
Rand~ Ur..,rwllld
cnulrt" Mllo_gftl". Otfil:fl
M.,lllpcnl.lrtIludge.l: Al\llysl
DOl.
MaMtilnmtll"It I EIIudgnt DiMCtl'Jl"
Dol.
AppNlnd By
Mlchaelltm"h~wakl
County Ma"'\Urr', onlce
atflc. of "'lIn-oenwnt & lIudfillt
7/11/2001 .,:a:'Z8 PM
Ct/;\lnt~MGnlllgflr
D...
Apprond By
J:unflll\l. "'\lad
lIc'Iud" of C'Qunty
CommIujon~u:
COunty Mlnllctttr'. ORiel'
TI111tDOf 3:18 PM
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Agenda Item No. 16C13
July 26, 2005
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation that the Board of County Commlssionen authorize the County
Manager to execute a budget amendment transferring appropriations from reserves
in the Mandatory Trash Collection Fund (Fund 473) to operations for payment to
the County's trash collection franchisee haulers for services provided to curbside
customen who received Certificates of Occupancy after October 1, 2004. Fiscal
impact Is $125,200.
OBJECTIVE: The Board of County Commissioners authorize the County Manager to
sign a budget amendment moving funds from reserves of the Mandatory Trash
Collections program to operations.
~
CONSIDERATION: Collier County pays for trash collections services on a monthly
basis. Payments are made in advance and must be paid contractually by the 20th of each
month. Payments for trash collection services are estimated during the budget process by
the nwnber of current curbside customers plus an estimated increase of customers
through the Certificate of Occupancy (new development) process. Certificates of
Occupancy in Fiscal 2005 are greater than expected and additional funding is needed in
order to make the final Fiscal 2005 payment by the 20th of September, 2005. Revenues
have been collected from the customers but the money collected has not been
appropriated.
During the budget process, curbside customers were estimated at 92,400 for the
Mandatory Trash Collections assessment rolls. The current estimated amount of curbside
customers at year-end is 94,800. This increases the annual payment to the franchisees by
$125,200.
FISCAL IMPACT: The fiscal impact associated with the additional customers is
$125,200. Funds have been collected from the customers but are not appropriated. Funds
are available in Fund 473, Mandatory Trash Collections reserves.
GROWfB MANAGEMENT IMP ACT: There is no growth management impact
associated with this item.
RECOMMENDATION: That the Board of County Commissioners authorize the
County Manager to execute a budget amendment from Fund 473, Mandatory Trash
Collections reserves for the final Fiscal 2005 payment to the franchisees.
PREPARED BY: Teresa A. Riesen, Revenue Manager, Utility Billing and Customer
Service Deparbnent.
~
Agenda ltum No. 16C13
July 26, 2005
Psge" of 2
COLLIER COUNTY
BOARO QF COU",TY COMMlUIONER5
Itlm Numb.r
Item IUMmary
1f;iC.13
ReOol'llmendatlOl'l tn.t the 8G8rd Cl. County COMmlnton'.... .utl'lorize1he County Min.".,
h~ 'UII(;Utll . bud".t amendment lI"anet.fl'tnw f1PPrcll>f1aUonl fr'Om ru.rv.. In the
Mllndllory Truk CoU.ctJan F\lfld (Fund .473) to o~rati(m6 ffir ~lIym.r'lt to tI1ll c.our,ty's
trasl"l t:\)lIecli\ul fra.rlel'1....e.o huul.r'ol lor lIelvlC41li provided 10 C'.II'l:ItHl:le OU'ltol'llIl1I whu
reo.-lllllC CllrU(~c;et,,!j of OClCUplll'lC)' _'tllT Oetubllr 1 2004 Fis-.:at impal.1 ia $125,::00.00
Muting o.t.
1126/2005 ;1.00:00 AM
Appro".d By
Tere..RlItu"
RlI'VenueM;IMOI'lInr
"""
PUblltlltllitiu
lIIit(';B
1.'7!20Cl'3:."PM
Appru"ed 8)'
John A.. YonkMky
UtH~y 8UII110 Dir.c:tor
URea
OXr.-
PublleUtllltins
1"'200' :1:11 p,",
Apprond By
Thctmll" WilhH!;
Operlttt1m..Oltector
Public UuiJItt., OptlrAiIon:..
Dot,
PllhJicUtilltlll'
11C1Z00tl:51A.M
APPNved By
Jamu w. DllI.on~
PubllcUtlUtlu
Pllbli.:: IJtIIltill' AdmInl!Jtn.IOf
D.le
Public utmti~. Adm."llrr.tlnn
7/f1200511:QII4"
App MInd By
OMS Cootdil1al('lr
Ad"'unl.lraU..... Anial,m
Dot,
Coon~y M~m.'illt'JI omcw
Offlt"e uf MlIrllI"~'rl..nt & Budlllet
11'1'200& :1:11 PM
Apprand By
ll:lIltl:lyGrllfl;nweld
M.IUftllm."I1f111dnfll Anlllly"
0."
CDi.!nty M.tfl~lit'. Olfle,"
orn.ell 01 M."'l.Iement' 8udglt
1112JZQO'O:384M
Apprand By
I\lIldllfll "mVkaw.P.(i
CrJ\Inty M.n.\I""" Ofn~e
M.lnllgoment & 8udgd'l Dinr.1or
Oot,
OfRt.e tlfNwrlllll"",e-nt & mUd".t
1'1t'lIOl0061:4) PM
ApprandB)'
J_l'1I./iV. Mudd
BCillr!JofCuutltV
Cnmmia..innlt,.
CUUrlty M.tnllijll!
Dot'
COLlllty ~n.9t'r'l Ol(ju
7114iZOO(.::I:",PM
Agenda Item No. 16C14
July 26, 2005
Page 1 of 13
,-'
EXECUTfVESUNrndARY
Recommendation to approve the necessary Budget Amendments and to approve a
purchase order to Angie Brewer and Associates, L.C. in amount of $:12.8,094.64 under
Sarasota County Contract 2003-040 for Loan Procurement Services from Florida
Department of Environmental Protection (FDEP) for Project No. 701582, 2005 Well
Replacement Program (Tamiami Well No. 34) and Project No. 710061, 2004 NCRWTP RO
Wellfield Reliability (Lower Hawthorn RO Wells 18N, 19N and 20N)
OBJECTIVE: The public purpose is to save ratepayers approximately $2.5 million by using a
20 year low-interest State Revolving Funds (SRF) loan versus a 20-year bond at current market
rates. Collier County is seeking loan funding in the amount of $8,700,000 for the installation of
additional raw water reliability wells for the 2007 season. This amount is based upon
preliminary staff planning efforts. The Board of County Commissioners approval of the stated
recommendation will allow Angie Brewer and Associates, L.C. (ABA) to assist staff in
formulation of the facilities plan, the application and administration and closeout of the SRF loan
process. These actions support the County's intent to secure maximum eligibility for funding all
anticipated raw water supply construction projects utilizing the lowest cost funding available.
-
CONSIDERATIONS: The intent is to add new reliability wells in a phased program to replace
existing wells consistent with the 2003 Update to the Water Master Plan Update, adopted by the
Board on May 24, 2004, as Agenda Item 10 D. In order to maintain production capacity,
reliability, and system flexibility, additional raw water supply wells need to be built. This
proposal includes services necessary to successfully secure the SRF Loans and to also conduct
project bidding through close out phases of the SRF Loans for these projects. The necessary
costs related to these services are eligible for reimbursement by the SRF Loan. Collier County
has successfully utilized the services of ABA on several prior projects to ensure compliance with
all SRF Loan requirements. ABA has previously assisted the County in obtaining approximately
$85 million in SRF loans. Collier County is using a cooperative purchasing agreement with
Sarasota County on Contract 2003-040 for these projects. The value of these services is an
inves1ment in the ability to deliver SRF low-interest loan funding.
To facilitate the time sensitive application process for a low interest SRF loan and to provide the
required public notification, a purchase order for $24,320.00 has already been issued to ABA for
the needed "Collier County Potable Water Wells Facilities Plan".
.-
Executive Summary
ABA PO
Page 2
Agenda Item No. 16C 14
July 26, 2005
Page 2 of 13
Summary of costs for low-interest SRF loan assistance:
Project No. Project No. 710061
Lower Hawthorn Total for 4
Task Description 701582 VVells 18N, 19N,and VVells
Tamiami VVell34 20N
$2,918.40 $21,401.60 $24,320.00
Business Plannin Services $2 721.84 $19960.16 $22,682.00
RFI, Loan Application and $20,273.82 $20,273.82 $40,547.64
A eement Services
Construction Bidding $76,275.00 $88,590.00 $164,865.00
Tbrou h Close out Services
_ Subtotal 599,270.66 5128,823.98 5228,094.64
Total costs for Loan $102,189.06 $150,225.58 $252,414.64
Procurement Services
The Clerk's Finance and Accounting Division has reviewed the information contained in this
Executive Summary.
FISCAL IMPACT: Well field reliability projects were contemplated in the FY05 Budget. The
continuation of the wellfield program, includingconstroction of these wells to meet the
anticipate 2007 peak season demand, are part of the FY06 Budget. A Budget Amendment is
requested to transfer funds in the amount of $99,270.66 from Water Reserves for Contingencies
(project No. 994121) to Project 701582. A Budget Amendment is requested to transfer funds in
the amount of $128,823.98 from Water Reserves for Contingencies (Project No. 994121) to
Project 710061. The source of all funds is Water User fees.
GROWI'H MANAGEMENT IMPACT: This project will have no impact on the Growth
Management Plan.
RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio Governing
Board of the Collier County Water-Sewer District:
1. Authorize the necessary Budget Amendment to transfer funds in the amount of
$99,270.66 from Water Reserves for Contingencies, Project No. 994121, to Project
701582.
-
2. Authorize the necessary Budget Amendment to transfer funds in the amount of
$128,823.98 from Water Reserves for Contingencies, Project No. 994121, to Project
710061.
Executive Summary
ABA PO
Page 3
Agenda Item No. 16C14
July 26,2005
Page 3 of 13
3. Authorize a purchase order in amount of $228,094.64 to Angie Brewer and Associates,
L.C. under a cooperative purchasing agreement with Sarasota County Contract 2003-040
for Loan Procurement Services from FDEP.
Preuared by: Karen B. Guliani, P.E.
Principal Project Manager, Public Utilities Engineering
,,-
-
ltam Number
I..m Summery
M..Ung Dltl
Agendu lturn No. 16C14
Jul)' 26, 2006
page40r 13
COLLIER COUNTY
BOA.RD ()F COUNTY COMMlal'llONF.R$
18C101
ReocmmenCIiUo'l. to 'ppI'Q~ the ntlCII&W1)I Budg.t An...ndlTllr.t and to appro....e .
ploll't.il..' O'rder 10' Angle B'.......( 1l1\CI A..pCllw., L.C. in tmoutll of$228,0904.S4 '.ma.r
S"rnollll C.lunt~ Contr.ct 200:3,040 for lOll" Prncuremflrrt a,NieMl tro~ FlorjQI
a.pln"I."! of 1::"...lronm.nu.1 ~'fOI.ollon (FDEP) IOf fJroJl'ot N<:. 7m 582. ::fDOS INaJj
R.ftplllcftTn"",Pn:sqr.,..,(Ttll'1'll.'TJiWDIJNo :')4) and Projl'let N(I. 710051,1004 N('R\lVTP RQ
w.llri.1rJ RtlllelJditr (I.tlWlflf H..Wlh~l'l'\ Rei Well. 18N. , 9N "",d 20N
7r.2til1lJns f,.OO:OO AM
Prtplted By
7111200111:01:00 "'hl
""Iell B. aUlijfni. P.~.
Pub/ltUtHftlltl
olle
tWltlUf I',"(lJKt MlIn'fllH
Public umm.. Enyintl*linQ
Daft'
Approved By
"..ul Mirt.u.."')
PlJhHc UllIltIell
W,M.,l:)lnllllot
WMt"r
1/5120011:11 AM
0...
Appruved By
Lyn Wood
AdrI'It"~.,,tjv..,'ktrJIr.,,1O
Purt:h..1nv AQ.rrt
f.lU~II'IPO
7I1t:1I,1Q511:.2At.1
Om
Approved By
l\I;I'I1 B. And~r:'JiM, P.I:..
P"b![eUWlh'ie'
Public Umlthus Engm...rinv D~f1lctl1r
Public UtIIK... f:nVlnMfi""
7lT11tlO.I:1DAM
oao.
Approved By
P'"lIt Ith.Il, Pf"tP
I'ubhc Ul\lrtlell
Iflftim- Protecl .......1190'
Publk. UtllHtu I!lJgj.'lI',,"""
7fl1:rOOI7;UAM
Approved By
LllI\ct
AI~vflC..rn..t1
Arlmlnl....rivfl Sc\nIjG'"
Pureh."lng/Oflnerltl lVc, OJ"'Glot
PlJtchnlnll
1I712POIiI:;JIAM
Om
AppruVlld By
ThDmu WldeH
fllIbllcUlIIl1irtl
Op.rlltlons Director
Pllblif,l utlJtu.. QperaUMI
711/1110& 11:4' /tM
Ja,nlll W. DnLnny
0.,.
Approved 8y
PubH.:.Utnmllf
PubHc Utillti_s Arfmlnllkato,
Publkl U!llltlu Aumlnlstfdtl"n
11112005 a:40 PM
Approved By
fJMrit CoOf(l;Jna'o,
CUUfltv Man"t,I*"" 0"11:11
At1m~"i..tfoltivfI Aut,l."1
0...
Orrit~ or MsrulgW\l..nL & Bueg.,
1!t1/:J:Oll!i11:1,,,,M
Dot.
Approved By
~t1...tlO!llhe'
COUnl)' MI,...gll'. elfin
S"nll'l' ManalJe'1Ylf'ntiRuduef AnflllyJ;t
otne. of ""llIilYlmlnt & Dud'illt
71141200'4:11 PM
O"CI
Approud By
JMmn V. Mudd
BLI,*fd ", ClJuntv
Ccrnfllllwlollert.
COOllty M4n..-:.u
Count, M.'lfl.Gfll'~ OffiCII
7111(2011tt ':1:42 PM
Scope of Services
Collier County SRF Water Planning Process
FDEP 2005 Funding Cycle
Business Planning Services
Agenda Item No. 16C14 (lj
July 26, 2005
Page5of13
CC Proiect #'s:
701582 - Well 34
710061 - Lower Hawthorn RO 18, 19, 20
T4TAL: · :la, (,,8,-. co
Task 1 FDEP Schedule Management - $5,365.81
The Consultant shall prepare a schedule for completion of all planning work. The Consultant shall
monitor progress of all activities and communicate status of work to the County on a monthly basis
and attend meetings to coordinate the implementation of the schedule. Regular status reports shall
be provided during the work.
Task 2 Business Plan (BP) . $10,895.50
The Consultant shall prepare a draft BP, in accordance with FDEP requirements, for submission to
the County for review and comment. The Consultant shall provide a list of required information
needed to complete the BP. The County shall provide required information as identified by
Consultant.
The Consultant shall revise and update the draft BP based upon comments received from the
County. The Consultant shall secure the certification of the BP from the Finance Director. Upon
finalization of the BP, it will be incorporated into and made a part of the Water Facilities Plan.
Task 3 Public Meetlngl Approvals . $3,686.54
The Consultant shall coordinate with the County to ensure proper scheduling and advertisement of
the required Public Meeting. The Consultant shall provide the draft advertisement to the County.
The Consultant shall provide a detailed agenda for the Public Meeting addressing required issues.
The Consultant shall prepare appropriate information for the Public Meeting to ensure FDEP
requirements are satisfied. The Consultant shall provide all draft documents to be adopted
following the Public Meeting. The Consultant shall coordinate with all departments and agencies
to facilitate the review and approval of all items for the agenda. The Consultant shall participate in
the presentation of information at the Public Meeting. The Consultant shall follow-up on all items
resulting from the meeting.
The Consultant shall prepare the Public Participation documentation. The Consultant shall submit
the Public Participation Documentation to the FDEP in order to secure appropriate approval.
The Consultant shall provide a total of 32 copies of the Water Facilities Plan. ABA will provide
required copies to all agencies and (ten) 10 copies will be transmitted to the County for its use in
_ securing County approval of the document. The Consultant shall revise and update the Water
Facilities Plan and BP based upon comments received from FDEP. The Consultant shall track the
status of the Water Facilities Plan with all agencies. The Consultant shall respond to questions and
provide information to agencies to aid in the completion of the review process; the Consultant will
provide comments and approvals to FDEP.
102-100-0203
Angie Brewer & Associates, L.C.
Task 4 Environmental Clearance - $2,734.15
Agenda Item No. 16C14
July 26, 2005
Page 6 of 13
The Consultant shall track the status of the Florida Finding of Significant Impact (FFNSI). The
Consultant shall answer questions and provide information to FDEP as necessary to aid in the
completion of the FFNSI. The Consultant shall respond to comments received during the
advertising and comment period. The Consultant shall review the FFNSI/CEN draft. The
Consultant shall request all additional data and technical support from the County and provide it to
FDEP. Upon approval of the FFNSI/CEN the Consultant will secure Authorization to Incur Costs.
102.100-0203
2
Angie Brewer & Associates. L.C.
Scope of Services
Collier County SRF Water Planning Process
FDEP 2005 Funding Cycle
Facilities Planning
Agenda Item No. 16C14
July 26, 2005
Page 7 of 13
<D
CC Proiect #'5:
701582 - Well 34
710061- Lower Hawthorn RO 18, 19,20
,
-rOTA... ~+, ~ ~o. 00
Task 1 Fadlltles Plan - $22,535.02
The Consultant shall coordinate with FDEP and County Staff to develop a Water Facilities Plan
Outline; coordinate with engineer to ensure completion of the technical portions of the plan, and
coordinate the completion of all tasks.
The Consultant shall conduct meetings as necessary, with County Staff, engineers and agency
personnel, to allow for review and discussion of data required for the planning document. The
meetings will also cover the outline and schedule of work and preparation for the Public Meeting.
Teleconferencing and electronic mail will be used when feasible to minimize the impact on staff
time.
The Consultant shall coordinate the preparation of a draft Water Facilities Plan in accordance with
FDEP requirements. The County or the Engineer shall provide all technical engineering
information and data as required and the final document shall be signed and sealed by a
professional engineer employed by or under contract to the County.
The Consultant shall prepare all non-technical sections of the document and address all financial
issues of the planning document The Consultant shall incorporate the provided technical
information into appropriate sections of the Facilities Plan.
The Consultant shall revise and update the draft Water Facilities Plan based upon comments
received from the County. (This task does not include mass reproduction of the Water Facilities
Plan. )
Task 2 Coordinate DEP Requirements - $1,784.98
The Consultant shall coordinate submission of all items necessary to elevate the project to a
fundable status. The County shall cause two copies of the complete signed and sealed Biddable
Plans and Specifications to be provided to Consultant.
102-100-0201
Angie Brewer & Associates, L.C.
Agenda Item No. 16C14
July 26, 2005
Page 8 of 13
@
Scope of Services
Collier County SRF Water Planning Process
FDEP 2005 Funding Cycle
RFI, Loan Application and Loan Agreement Services
Project Number 701582 - Well 34
.t
-roT~L: :lO, :1"73. cr.:t
Task 1 Request for Inclusion (RFI) Preparation & Negotiation - $2,002.62
The Consultant shall prepare an RFI in order to get the project on the FDEP Priority List. The County
Staff7Engineer will provide the Consultant with information as required. An Authorized County
Representative will sign the RFI and return it to the Consultant for transmittal to the FDBP.
Task 2 Loan Application (1) - 510,629.37
Draft Aoolication
The Consultant shall coordinate communication with FDEP and County Staffi'Engineers involved in
Loan funding. The Consultant will also provide response to questions/comments as necessary. The
County StafflEngineer will provide the Consultant with any required information as requested.
The Consultant shall prepare an SRF Loan Application in accordance with FDEP rules and regulations
for the program. The Consultant shall secure all required information necessary for the Application
from the County or its other Consultants.
Final ApJllication
The Consultant shall provide one (1) final draft of the Application to the County for review. Upon
completion of the review, the Consultant shall identify information necessary to satisfy funding agency
requirements and respond to any comments from staff as appropriate. The Consultant shall provide
drafts of all resolutions and/or certifications required from the County to process the Application.
Coordination
The Consultant shall prepare the fmal Application for submission to FDEP. The Consultant shall
provide an appropriate transmittal letter. All required copies of the document shall be provided by the
Consultant. The Consultant shall handle response to all questions and/or comments from FDEP with
input from the County as necessary.
Task 3 Agreement (1) -$7,641.83
Loan A~eement
The Consultant shall communicate with FDEP regarding one (1) proposed Loan Agreement. The
Consultant shall review the draft Agreement and comment to the County on appropriateness and
acceptability as relates to the Loan Application submitted and the County's intended project funding.
Coordination
The Consultant shall coordinate the processing and execution of the Final Loan Agreement between
FDEP and the County. The Consultant will provide clarification to County Attorney regarding SRF
Loans. The Consultant shall handle response to all questions and/or comments from FDEP with input
from the County as necessary. The Consultant shall provide for the transmittal.
The above scope does W!! Include services for bidding through construction and loan closeout. These will
be neaotiated at the appropriate time.
102-100-0401 Water Planning Process
Angie Brewer & Associates, L.C.
Agenda Item No. 16C14 @
July 26, 2005
Page 9 of 13
Scope of Services
Collier County SRF Water Planning Process
FDEP 1005 Funding Cycle
RFI, Loan Application and Loan Agreement Services .
CC Project Number 710061 TOTAl-: ~o, '-73.8";)..
Task 1 Request for Inc:lusion (RFI) Preparation" Negotiation - $1,001.61
The Consultant shall prepare an RFI in order to get the project on the FDEP Priority List. The County
StafflEngineer will provide the Consultant with information as required. An Authorized County
Representative will sign the RFI and return it to the Consultant for transmittal to the FDEP.
Task 2 Loan AppUcation (1) - $10,629.37
Draft Ap'plication
The Consultant shall coordinate communication with FDEP and County StafflEngineers involved in
Loan funding. The Consultant will also provide response to questions/comments as necessary. The
County StafIlEngineer will provide the Consultant with any required information as requested.
The Consultant shall prepare an SRF Loan Application in accordance with FDEP rules and regulations
for the program. The Consultant shall secure all required information necessary for the Application
from the County or its other Consultants.
Final Auolication
The Consultant shall provide one (1) final draft of the Application to the County for review. Upon
completion of the review, the Consultant shall identify information necessary to satisfy funding agency
requirements and respond to any comments from staff as appropriate. The Consultant shall provide
drafts of all resolutions and/or certifications required from the County to process the Application.
Coordination
The Consultant shall prepare the final Application for submission to FDEP. The Consultant shall
provide an appropriate transmittal letter. All required copies of the document shall be provided by the
Consultant. The Consultant shall handle response to all questions and/or comments from FDEP with
input from the County as necessary.
Task 3 Agreement (1) -$7,641.83
Loan AlZI"eement
The Consultant shall communicate with FDEP regarding one (1) proposed Loan Agreement. The
Consultant shall review the draft Agreement and comment to the County on appropriateness and
acceptability as relates to the Loan Application submitted and the County's intended project funding.
Coordination
The Consultant sball coordinate the processing and execution of the Final Loan Agreement between
FDEP and the County. The Consultant will provide clarification to County Attorney regarding SRF
Loans. The Consultant shall handle response to all questions and/or comments from FDEP with input
from the County as necessary. The Consultant shall provide for the transmittal.
The above scope does !!!!! include services for bidding througb construction and loan closeout.
102-1 00-0501 Water Planning Process
Angie Brewer & Associates, L.C.
Agenda Item No. 16C14
July 26, 2005
Page 10 of 13
@
Collier County
SRF Water Planning Process
Scope of Services
Project Number 701582 - Well 34
.
To iAL :' 74, '-7~, 0 0
Task 1
Pre-Construction Ph... Servlcel . $10,373.05
SRF Manaaement Plannlna
The Consultant shall coordinate with FDEP, Staff and Engineers to gain project approval to
proceed.
The Consultant shall provide a set of flies labeled In accordance with FDEP Requirements for the
establishment of the official SRF Project Files.
The Consultant shall periodically review the SRF Project Files to ensure all necessary
documentation is available. SRF Requirements allow for periodic on-site inspection of the flies
to be conducted by FDEP Representatives and Auditors.
The Consultant shall prepare and monitor the schedule for completion of tasks required by
FDEP.
Biddina ADorovals
The Consultant shall provide current SRF required bidding Information, Including attending Pre-
Bid meeting where appropriate. The Consultant shall review bidding documents for compliance
with SRF Requirements. This Item includes any addenda Issued. Two copies of signed and
sealed addenda shall be provided to the Consultant for purposes of review and submission to
FDEP.
The Consultant shall prepare the Bid Award Approval Package acceptable in accordance with
FDEP Requirements. Minority Business Enterprlse/Women's Business Enterprise (MBE/WBE)
partidpatlon requirements as well as other SRF Requirements will be monitored to ensure
approval can be obtained.
Pre-Construction
The Consultant shall prepare and submit appropriate contract documentation for FDEP approval.
The Consultant shall attend the Pre-Construction Meeting held for each project area. The
Consultant shall present the SRF Requirements as part of the agenda. The Consultant will assist
the County In providing written responses to questions from Contractors relating to the SRF
Requirements.
The Consultant shall review the Pre-Construction Meetings minutes as provided by the County.
The Consultant shall provide comments and/or assist with appropriate revisions. The Pre-
Construction Meeting minutes shalf be subm1tted to FDEP per the program requirements.
The Consultant shall research and respond to questions regarding SRF requirements.
TBSk 2
Construction Ph... Services. $58,777.38
Processin9
The Consultant shalf provide professional services to review and verify eligible costs per pay
estimate submitted by the contractor. A maximum of six (6) pay estlmate(s) have been
assumed for budget purposes.
102-100-0402 SRF Water Planning Angie Brewer & Associates, L.C.
._._~
Agenda Item No. 16C14
July 26,2005
Page 11 of 13
The Consultant shall compile required documents and prepare six (6) Reimbursement
Request(s) for submittal to FDEP. The Reimbursement Request shall Include all properly
authorized expenditures for which documentation Is available on the date of preparation. The
Consultant shall be responsible to ensure appropriate parties receive copies of the
Reimbursement Request(s) upon receiving the originally signed copy at its office.
Prooram Manaaement
The Consultant shall prepare for and attend ten (10) Program Management Meetings. Meeting
minutes shall be prepared and disseminated to appropriate parties upon completion. These
meetings are held for the purpose of discussing FDEP program requirements, reimbursement
requests, eligibility requests' status, construction progress, contract changes/Issues, payment
procedures/status, monitoring issues, additional funding needs and other Information regarding
the project. These can be by teleconference and will be supplemented with weekly updates to
the County.
The Consultant shall review and process one (1) Construction Contract Change Order/Field
Change. This will result in a request for eligibility determination to be submItted to FDEP. Upon
receipt of eligibility determination, all appropriate project information will be modified to allow
for the eventual reimbursement of costs If applicable.
The Consultant shall provide a form to be completed by the contractor and submitted with each
pay estimate. The Consultant will prepare required Report. This report shall be submitted to the
City and FDEP during construction. A maximum of six (6) MBE/WBE Reports have been
assumed for budget purposes.
Fundlna Recondllation
The Consultant shall review and compare the project Information with the funding documents to
ensure that all SRF requirements are met and consistency between all aspects of the project Is
achieved.
Prooram Coordination
The Consultant shall coordinate with County Staff, FDEP, Consulting Engineers, Project
Representatives and others as necessary to ensure that all requirements are met. The
Consultant shall act as the Ualson between FDEP and the County to Identify and resolve issues
regarding the FDEP Loan Program.
The Consultant shall provIde necessary data to the County to allow Inclusion of the loan In the
required Single Audit Report prepared as part of the Annual Audit. This also Includes
corresponding with FDEP regarding eligibility requests and assistance during the annual audit.
Task 3
Project Coseout . Audit AaImlnce - $7124.57
Consultant shall prepare Information required for the Anal Report to FDEP regarding the project.
The Anal Request for Reimbursement Is Included In this task. This includes the Anal
Construction Inspection, Preliminary Administrative Ooseout, and Final Administrative Closeout
conducted by FDEP representatives. The necessary closeout documents shall be prepared
regarding final eligibility for construction, engineering, administration, design and other project
costs and submitted to FDEP to allow closeout of the loan. This effort will result in the
preparation, review and approval of the Anal Loan Amendment. The Consultant will also
provide closeout and other information to the County's Independent Auditors In order to allow
for the required Project Audit within 12 months of approval of the Anal Loan Amendment
execution.
102-100-0402 SRF Water Planning
2
Angie Brewer & Associates, L.C.
Agenda Item No. ~ 4
July 26, 2005
Page 12 of 13
Collier County
SRF Water Planning Process
Scope of Services
Project Number 710061 Wells 18, 19 & 20
.
Tt:)TAL-~ e~S~O.ot)
Task 1
Pre-Construction Phase Services - $9,715.84
SRF Manaaement Plannlnc
The Consultant shall coordinate with FDEP, Staff and Engineers to gain project approval to
proceed.
The Consultant shall provide a set of files labeled In accordance with FDEP Requirements for the
establishment of the official SRF Project Flies.
The Consultant shall periodically review the SRF Project Files to ensure all necessary
documentation Is available. SRF Requirements allow for periodic on-site inspection of the files
to be conducted by FDEP Representatives and Auditors.
The Consultant shall prepare and monitor the schedule for completion of tasks required by
FDEP.
Biddina Aoorovals
The Consultant shall provide current SRF required bidding Information, including attending Pre-
Bid meeting where appropriate. The Consultant shall review bidding documents for compliance
with SRF Requirements. This item Includes any addenda Issued. Two copies of signed and
sealed addenda shall be provided to the Consultant for purposes of review and submission to
FDEP.
The Consultant shall prepare the Bid Award Approval Package acceptable in accordance with
FDEP Requirements. Minority Business Enterprise/Women's Business Enterprise (MBE/WBE)
participation requirements as well as other SRF Requirements will be monitored to ensure
approval can be obtained.
Pre-Constructlon
The Consultant shall prepare and submit appropriate contract documentation for FDEP approval.
The Consultant shall attend the Pre-Construction Meeting held for each project area. The
Consultant shall present the SRF Requirements as part of the agenda. The Consultant will assist
the County in providing written responses to questions from Contractors relating to the SRF
Requirements.
The Consultant shall review the Pre-Construction Meetings minutes as provided by the County.
The Consultant shall provide comments and/or assist with appropriate revisions. The Pre-
Construction Meeting minutes shall be submitted to FDEP per the program requirements.
The Consultant shall research and respond to questions regarding SRF requirements.
Task 2
Construction Phase Services - $71,749.59
Processln9
The Consultant shall provide professional services to review and verify eligible costs per pay
estimate submitted by the contractor. A maximum of eight (8) pay estImate(s) have been
assumed for budget purposes.
102-100-0502 SRF Water Planning Angie Brewer & Associates, L.C.
Agenda Item No. 16C14
July 26, 2005
Page 13 of 13
The Consultant shall compile required documents and prepare eight (8) Reimbursement
Request(s) for submittal to FDEP. The Reimbursement Request shall include all properly
authorized expenditures for whidl documentation is available on the date of preparation. The
Consultant shall be responsible to ensure appropriate parties receive copies of the
Reimbursement Request(s) upon receiving the originally signed copy at Its office.
Proaram Manaaement
The Consultant shall prepare for and attend twelve (12) Program Management Meetings.
Meeting minutes shall be prepared and disseminated to appropriate parties upon completion.
These meetings are held for the purpose of discussing FDEP program requirements,
reimbursement requests, eligibility requests' status, construction progress, contract
changes/issues, payment proceclures/status, monitoring issues, additional funding needs and
other Infonnatlon regarding the project. These can be by teleconference and will be
supplemented with weekly updates to the County.
The Consultant shall review and process one (1) Construction Contract Change Order/Reid
Change. This will result In a request for eligibility detennlnatlon to be submitted to FDEP. Upon
receipt of eligibility detenninatlon, all appropriate project infconation will be modified to allow
for the eventual reimbursement of costs If applicable.
The Consultant shall provide a fonn to be completed by the contractor and submitted with each
pay estimate. The Consultant will prepare required Report. This report shall be submitted to the
Oty and FDEP during construction. A maximum of eight (8) MBE/WBE Reports have been
assumed for budget purposes.
Fundlna Reconciliation
The Consultant shall review and compare the project Information with the funding documents to
ensure that all SRF requirements are met and consistency between all aspects of the project Is
achieved.
Prooram Coordination
The Consultant shall coordinate with County Staff, FDEP, Consulting Engineers, Project
Representatives and others as necessary to ensure that all requirements are met. The
Consultant shall act as the Liaison between FDEP and the County to Identify and resolve Issues
regarding the FDEP Loan Program.
The Consultant shall provide necessary data to the County to allow Inclusion of the loan In the
required Single Audit Report prepared as part of the Annual Audit. This also Includes
corresponding with FDEP regarding eligibility requests and assistance during the annual audit.
Tak 3
Project Closeout It Audit Assistance - $7124.57
Consultant shall prepare Infonnation required for the Anal Report to FDEP regarding the project.
The Anal Request for Reimbursement Is included in this task. This Includes the Anal
Construction Inspection, PrelimInary Administrative Closeout, and Rnal Administrative Closeout
conducted by FDEP representatives. The necessary closeout documents shall be prepared
regarding final eligibility for construction, engineering, administration, design and other project
costs and submitted to FDEP to allow closeout of the loan. This effort will result In the
preparation, review and approval of the Anal Loan Amendment. The Consultant will also
provide closeout and other Information to the County's Independent Auditors In order to allow
for the required Project Audit within 12 months of approval of the Final Loan Amendment
execution.
102-100-0502 SRF Water Planning
2
Angie Brewer & Associates, L.e.
Agenda Item No. 16C15
July 26, 2005
Page 1 of 19
EXECUTIVE SUMMARY
-
'Recommendation to approve a final Change Order to Contract 00-3171 with MWH
Americas, Ine. for additional time and a deductive amount of (S687,560.82), and
approve any necessary budget amendments for the South County Water Reclamation
Facility 16 MGD Expansion Project 73949
OBJECTIVE: To complete the closeout of the South County Water Reclamation Facility
Project by reconciling the final cost and contract time with a final contract change order. The
public purpose of this project is to expand the Water Reclamation Facility capacity to meet
the growing wastewater service demand in the South Service Area.
CONSIDERATION: More than 3 Y2 years ago, Collier County undertook the construction
of a major plant expansion to the South County Water RecJamation Facility. MWH
Americas, Inc. was selected as the Construction Manager at Risk. Staff administered and
coordinated project activities including design, construction, and CEI support services. After
consideration of time extensions awarded on the basis of unanticipated circumstances and
extraordinary weather delays related to the 2004 hurricane season, this contract has been
completed four months ahead of schedule and $1.7 million under budget. After sharing
unspent allowances, construction savings and payment of an early completion incentive,
$687,560.82 will be returned to the Project Budget. .
~ MWH Americas certified completion of the Project on December 17, 2004. A final change
order (Change Order 3) for a deductive amount of $687,560.82 will be issued to reconcile
costs that include sharing unspent portions of the contract value, reimbursement to the
County for overtime inspection charges, and payment to MWH of an early completion bonus.
Final Change Order 3 includes a seventy-seven (77) day extension for unanticipated Florida
Fire Prevention Code compliance issues and special precautions implemented due to
exceptional weather conditions (hurricane preparedness) in 2004.
The following table summarizes the sharing of unspent project funds in accordance with the
referenced contract:
Sharing of Unspent Funds
Actual Work Funds Collier County MWH
Description Contract Value Completed Remaining at Americas
Completion
Cost of
Work Less
Allowances $38,901,345.76 $37,352,375.95 $1,548,969.81 $774,484.91 $774,484.90
Owner
Allowances $94,216.08 $94,216.08 $94,216.08 0.00
Value
Erurineerinll $98,074.16 $98,074.16 . $57,355.83 $40,718.33
Total $39,093,636.00 $1,741,260.05 $926,056.82 $815,203.23
,,-
Executive Summary
SCWRF Expansion Project
Page 2
Agenda Item No. 16C15
July 26, 2005
Page 2 of 19
In accordance with provisions of Contract 00-3171, Change Order 3 represents the final
reconciliation for the Project as follows:
Collier County Portion of Shared Remaining Funds
MWH Early Completion Bonus (120 days at $2,505/day)
Overtime Charges for Malcolm Pirnie Inspections
Final Change Order Amount
($926,056.82)
$300,600.00
($62,104.00)
($687,560.82)
( decrease)
(increase)
( decrease)
(decrease)
The following is a summary of the chronology of activities previously approved by the Board
of County Commissioners for, Contract 00-3171:
. Construction Manager-At-Risk Contract 00-3171, to MWH, Americas, Inc. (fonnerly
Montgomery Watson Americas, Inc.) on May 8, 2001, agenda item 16 (C) 16.
. Amendment 1 to Contract 00-3171 to establish the Guaranteed Maximum Price
(GMP) on October 9,2001, agenda item 100.
. Change Order 1, to provide payment and performance bonds in the amount of
$139,241, additional time of 75 days due to delay of the Florida Department of
Environmental Protection (FDEP) construction permit, and to incorporate an
amendment clarifying the contract terms and conditions, on July 11, 2002, agenda
item16 (C) 4.
. Change Order 2 extending Contract 00-3171 by 200 days for jurisdictional wetland
permitting delays that delayed construction of the equalization tank. This change
order was included in the Purchasing Administrative Change Order Report approved
by the Board in December 2004.
Contract Summary:
Original Agreement
Change Order 1
Change Order 2
Change Order 3
Final Contract Amount
Amount
$38,954,395.00
139,241.00
0.00
(687.560.82) (deduct)
$38,406,075.18
Time
970 days
75 days
200 days
77 days
1,322 days
The Clerk's Finance & Accounting Division and County Attorney's office has reviewed the
information contained in this Executive Summary.
Enclosed are: (1) Hole Montes' letter dated July 8, 2005, confinning completion of all
Contract Work with the exception of warranty work (the warranty period for the majority of
the project extends through December 2005), and (2) Malcolm Pirnie's letter dated July 6,
2005, recommending approval of the final change order.
-
FISCAL IMPACT: Funds in the amount of $687,560.82 will be returned to the project
budget through a deduct change order. Source of funds are Impact Fees (413) and User Fees
(Fund 414). Necessary budget amendments will be prepared to return excess funds to
Reserves. Funds for this project are included in the fiscal year 2005 Capital Budget for the
Wastewater User and Impact Fee Funds, approved by the Board on September 23,2004.
Executive Summary
SCWRF Expansion Project
Page 3
Agenda Item No. 16C15
July 26, 2005
Page 3 of 19
GROWTH MANAGEMENT IMP ACT: The project is included in and consistent with the
2003 Wastewater Master Plan Update adopted by the Board on May 25,2004, Agenda Item
lOC.
RECOMMENDATIONS: That the Board of County Commissioners, as the Ex-officio
Governing Board of the Collier County Water-Sewer District:
1. Approve Change Order 3 to MWH Americas
2. Authorize the County Manager, or his designee, to execute the Change Order.
3. Approve any necessary budget amendments to return unspent funds to Reserves and
close out the project.
PREPARED BY: Alicia Abbott, Public Utilities Engineering Project Manager
-
AgBntJtllll.lrn Nu. 1 &elf)
Jul)' 26, 2005
Page 4 af 19
COLLIER COUNTY
BOARD OF COUNT"( Ct'MMI8510~ERS
l&em M"",",
ItMI ..mnwy
HlelS
Recommendation to appl'tlWl . flna' Change Ord.r to CoMtl'aot 00.031 71 with MII'M
Anl.nut.. 1"([. for additional tim. Il\d . d.dUCbve .mount of tIeS? ,5~. 52), arId IPP"''''
..,.,~ n.c......ry budget 1l.1"\".,dm.m. for th. Soutt1 CQlJnty Waar R.oamatiCln FlleWrty It;
MGO (,ltJ)an.!oM Project 13949
712612005 '=J:OO~OO AM
MHtlng Dill
A.ppl'Clv.d By
L:fI1Wl1ol'l Plm:hl".Qg AgMt Dale
A.dmtnt.tl'.Uve &l\rvk:fl5 Il'un:b...l"l 1/JI20DI.:U AM
A.pprav.d By
sr"veC,"nell PurchulnaJGlllUltal 5\'01 Dlred." D...
AUlYdtllstlllU,,* G..tvlt:.. PurchHlnv 't!1r200f,:lTPM
Appl'tlVld By
TholNllii' Wkln OPMUIon.. Dir.c1nr Dol,
P\tbIlcUtllltlu Publl(; Untlltlll Op.utlontl 71112QOl2:02P'"
Appruved By
WlIU.lrl D. Mulltl\, PE PnfH','pal Ptojer.t MIl""Uftt D.ol,
PlJbIH.:lJrllll:lllS Public Utltltln Enginu.knt TJII2DOS 2:21 PM
Approved By
Ftoy B. "rUlengh, r,E, PUbllc UtiUt.n EI'lgln""'11I ~rntur Dol,
Pllbtjc. Ulillrlelll P.lbtlc UtIllU.. EnViUtlnril1f1 '1'1llJlI11N11:01 PM
Approved By
Q. o..org. V1tMlZ 8ulld Wul. D,...c.."tu!' Dille
F"ullllcUtllltle. 8olkiW*..* TI11J2DDI fO:2t AM
Appruved By
"""'lII' W, Dctmll{ I'ublk utll,U",. Admlnl'fr.m.t ~l~tI
P\lblicutINti", Public Utlllll.. Adlnlnl,,'iItlofl 1'1t1120011:D'PM
Approved By
OMI COOfdlo.tcu Ildmlnlllu..rlve Allillthllll Dol.
C.ounly N.n;,g:.r'lI cmu otnc. of """.glom.llt.. 8ud;a1 1112/20011:11 AN
Approud By
6Willl'l U Ilher '*"IiOf' MlIn.JgelMrlt/8udlOflll AlNly.' """
CnulltyM.l1l1QfIf"'otfioe Qfftu (:If MiuwVamenl , liudglft 7J11I/21O& 6:41 PM
Approved By
J"'lts V. Mudd COlWlly Ma",,5I" Dot.
B01Irdor CUurlty CUlRlty MlInllgltf'. ORle. 1/111%001 1Z:'H PM
Cumlnl,ulunenl
",,-~
Agenda Item No. 16C15
July 26,2005
Page 5 of 19
~
MALCOLM PlFlNIE, INC.
lNDEPEHDeHT EN\IIAOlIlMEIfTAL ENOINI!I!RS, SCIENTISTS" CONSULTAHts
July 6, 2005
Ms. Alicia Abbott, E.I., Project Manager
Collier County, Public Utilities Engineering Department
3301 East Tamiami Trail, Bldg. H
Naples, FI 34112
Reference: South County Water Reclamation Facility
Montgomery Watson Claim for Extended Contract Time
Dear Ms. Abbott:
Malcolm Pirnie has reviewed the final change order and support documentation for the
close out of the reference Project and contract with Montgomery Watson Americas. It is
our opinion that this final change order represents an equitable reconciliation of the
agreement and, as such, Board approval is recommended.
This change order brings to conclusion the very successful project delivery of a complex
PUED Project~ substantially under budget and schedule. As the Project Manager, you are
to be commended for your outstanding performance and administration of this Project.
This Project delivery sets the standard for other, major County Utility Capital Projects.
Congratulations on ajob well done!
It has been a pleasure to have been a part ofthis Project. Thank you for that opportunity.
Sincerely,
Malcolm Pirnie, Inc.
'-~;C~~. j L
Robert French, P.E.
Senior Associate
Copy: James DeLony, P.E.
Roy Anderson, P.E.
William Mullin, P.E.
4~~1,; IvlErRO PARKWAY SUITE 520 FORT MYERS. FL 33916 239-332-1300 lax 239-332-; 789 Mp./iwwwP"n'~ C(:<1'".
HE-:; (CLE:: ~"'AH:f-I
HM
HOLE MONTES
ENGINEERS. PLAlflRS . SLfMYORS
950 ellCClN Way . ,..., FlaridI 34110 . PlIant: 239.254.2000 . Fax: 239.254.2097
Agenda Item No. 16C15
July 26,2005
Page 6 of 19
July 8, 200S
Ms. Alicia Abbott
Collier County PUED
3301 Tamiami Trial East
Building H
Naples, FL 34112
RE: MWH PROJECT COMPLETION
SCWRF EXPANSION TO 16 MGD
HM File No.: 2001.102
Dear Alicia,
Regarding the Final Contract Change Order for MWH Americas, Inc., Hole Montes is
confirming completion of all Contract Work except the W81T8Dty responsibilities specified in the
Contract. We greatly appreciate the opportunity provided by this project to work with the Collier
County Utilities Department.
We look forward to providing professional assistance to the County on future projects.
Sincerely,
, ell cppcr III, P.E.
Dire r Project Management
HCP:llk
cc: Ronald E. Benson Jr., Ph.D., P.E.
NaPes . Fort Myets . VenIoI
r
I
AgendR Itp-m No 16C15
~ 8(.~ ~!OS1
Date: July 6, 2005
To Steve:
E-Mai1ed To Bonnie:
_J
Project Name:
SCWRF 16 MOD Expansion
Project Number: 73949
BIDIRFP #: 00-3171
Mod #: 3
PO#: 104280
Work Order Number:
Contractor/Consultant: Montgomery Watson Haria
Original Contract Amount:
$ ____39,954,395.00
(Starting Point)
$ 39,093,636.00
(Last Total Amount Approved by the BCC)
$ 39,093,636.00
(Including All Changes Prior To This Modification)
Current BCC Approved Amount:
Current Contract Amount:
Change Amount:
t_
(687.560.82)
Revised ContractlWork Order Amount: $ 38,406,075.18
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractlWork Order: $_548,319.82
Percentage Of The Change Over/Under Current Contract Amount:
_(1.759)
%
Overview of change: To close out the contract by reconciling funds within the GMP and the actual cost of work and to add time
for unusual weather conditions and additional W{)rk resulting from the Fire MarsbBlI's inspection.
Oonttoct Sp<cioJj~ ~ /h 'td rl
Steve's Acknowledgem t: S-
Date:~
Date: '] !i/O r
Scanned Date:
'l'8iO~
Data Entry Infonnation:
Type of Change; Contract
Project Manager: Alicia Abbott
Department: PUED
Scarmed copies of the back up documentation may be located on the Purchasing G drive:
G:lCurrent-Changes to Contracts
G:; Current - Changes to Work Orders
Revised 4/25/2005
CONTRACTIWORK ORDER MODIFICATION
CHEOKLlST FORM
Agenda Item No. 16C15
July 26, 2005
Page 8 of 19
PROJECT NAME: SCWRF Expansion
BIDIRFP I: Qo-S171 MODI: Change Order ~
DEPARTMENT: Public UtllRles Engineering
PROJECT #: 73949
PO': 104280
WORK ORDER I: NlA
Original Contract Amount:
$39.954.395
(starting Point)
Current Bee Approved Amount:
$39.093.636
(Last Total Arnount Approved by the BCe)
Current Contract Amount:
$39.093.636
(Including All Changes Prior To This Modification)
Change Amount:
(1687.560.82)
$ 38.406.075.18
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: $( 548.319.82)
Revised ContractIWork Order Amount:
Date of Last BCC Approval Julv 11. 2002
Agenda Item # 16 (C) 4
Percentage of the change over/under current contract amount $ -1.759 %
Formula: (Current Amount 1 Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.C.4.
CURRENT COMPLETION DATE (S):ORIGINAl: May 28,2004 CURRENT: May 15, 2005
SU"M~RY OF PROPOSED CHANGE (8): Identify th, chanaes. Reconciliation of the funds within the
Guaranteed Maximum Price (GMP) based on the actual costaf work. AdditiQnal time of 77 days.
JUSTIFICATION FOR CHANGE (8): What value or benefit do these changes provide to the project?
This final chanlte order will share funds remaining in the GMP between MWH and the County. and include
reimbursement of overtime char~es. After payment of the early completion bonus. $687.560.82 will be ret~ed to
the protect fund. Additional time was added due to unusual weather conditions and performance of addition_ work
resulting from the Fire Marshall's inspection.
PARTIES CONTACTED REGARDING THE CHANGE: Clifford Pepper (Hole Motes), Joe Cheatham. Rov
Anderson. Rob French (Malcolm Plrnie).
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA)
X_ Proposed change is consistent with the scope of the existing agreement
X_ Proposed change is in fact an addition or deletion to the existing scope
X_ Change is being Implemented in a manner consistent with the existing agreement
X_ The appropriate parties have been consulted regarding the change
X_ Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MAN
APPROVE BY:
Proj
REVIEWED BY:
Co
Revised 4125/2005
. This form Is to be signed and dated.
Date: "1- b - ~
Date: '1- t - oS-
CHANGE ORDER
Agenda Item No. 16C15
July 26, 2005
Page 9 of 19
FROM: Collier County Goyernment
3301 East Tamiami Trail
Building H, 3M Floor
Naples, FL 34112
TO:
MWH Americas, Inc.
490 Sawgrass Corporate Parkway, Suite 300
Sunrise, FL 33325
Project Name: SCWRF 16 MGD Construction
Construction Agreement Dated: October 9, 2001
Change Order No.: 3
Bid No.: 00-3171
Date: June 23, 2005
Change Order to reflect final Cost of the Work and allocation of remaining Contract Amount between
MWH Americas. Inc. and Collier County as stipulated in the Contract. Change Order also provides Early
Completion Bonus as allowed in the Contract. Refer to MWH Final Pay Application dated 5/27/05.
Original agreement amount,..................................................... ........$38,954,395.00
Sum of previous change orders amount. .................... .., .... ........... ........$ 139.241.00
Current agreement amount $39,093,636.00
*This Change Order Amount.......... ...... .......... ...... ...... ...... ... ....... .....$ (687.560.82)
Revised Agreement Amount. ....................... ................... ................ .$38,406,075.18
*Recap of Change Order:
MWH Early Completion Bonus (120 days at $2,505/day)
Overtime Charges for Malcolm Pimie Inspections
Collier County Portion of Shared Remaining Funds (See Table below
and Exhibit A)
Final Change Order Amount
$300.600.00
($62,104.00)
($926.056.82)
($687,560.82)
Sharing of Remaining Funds
Total Completed & Collier County MWH
Description Current Value Stored to Date Remaining Funds Portion Portion
Cost of Work
Less Allowances $38,901,345.76 $37,352,375.95 $1,548,969.81 $774,484.91 $774,484.90
Owner
Allowances $94,216.08 $94,216.08 $94,216.08 0.00
Value
En2ineerins: $98.074.16 $98.074.16 $57,355.83 $40.718.33
Total $39,093.636.00 $1,741.260.05 $926,056.82 $815,203.23
Substantial Completion Substantial Completion
16 MOD Functional System Balance of Plant Work Final Completion
Original Contract Time
In Calendar Days 760 910 970
Adjusted Days Due to Previous
Change Orders 835 1185 1245 .
This Change Order:
Adjusted Time 77 77 77
Revised Contract Time in
Calendar Days 912 1262 1322
Original NTP Date: October 1, 2001
Substantial Completion
16 MOD
FunctionalS tem
Completion Date Based on
Ori' Contract time
Revised Completion Dale
November 1 2003
Apnl I, 2004
Agenda Item No. 16C15
July 26, 2005
Page 10 of 19
Substantial Completion
Balance of Plant Work
Final
Co letion
March 30. 2004
March 16, 2005
Ma 28. 2004
May 15, 2005
Your acceptance of this change order shall constitute a modification to our Agreement and will be perfonned.
subject to all the same teons and conditions as contained in our Agreement indicated. above, as fully as if the
same were repeated. in this acceptance.
'I~ ' -ti-L ---
: i .. . . A.... " . Date: ~ 0 '>
William Mullin, PE, Principal Project Manager
Public Utilities Engineering Department
9~
~.... ..
~ orson. P.E.
ublic Utilities Engineering Director
~~ c:Jwk-
J eph B. Cheatham
. astewater Department Director
Accepted by:
Accepted by:
<-~...~
Ben Emerson, P .E., Vice PresL . .
Montgomery Watson Americas, Inc.
Approved by:
~~~\
Alicia Abbott, Project Manager
Public Utilities Engineering Department
Approved by:
Approved by:
Authorized by;
Authorized by:
James W. DeLony, P.E.,
Public Utilities Administrator
W:\200t\200t l02IJlt (MWH Change Order)\20050623 ChangeOrder#3.doc
Date:
~hjjr-
I I
Date: ~~q/b 5
Date: "\2~ \ t)~
, \
Date:
7/s7o :>/
I
Date: '/t.4 /o~
Date:
Agenda Item No. 16C15
July 26, 2005
Page 11 of 19
EXHIBIT A
SHARING OF REMAINING FUNDS
6I23J2005
Project
Heme: Collier County SCWRF
Pro~ Number: 104280
~q.No:
41
ITEM TOTAl.
NUMBS OESCRIPTlON RNAI. SCHEDUlED COMPl.ETEO REMAINING SHAAlNG OF REMAINING
RCSI VAlUE AND STORED FUNDS FUNDS
CODe TO DATE
CCUJER MWH
COUNTY
DnDTION PORTION
WOI1l BrM*down
01000 1) General Requirements (See brlIllkdown on Attachment 'A") $ 1.040,1l59.ec S 613,074.111 $ 427 585.40 $ 213 7112.75 S 213 792.74
1eooo 21P -.... 'A" ELECTRICAl. $ 3.296.303;9.! S :l.296.303.$51 S $ . I .
13400 3 P ~~INSTRUMENTAnON $ 1 071119'<< S 10711111.00 IS - $ - S -
41P 00In00 'C" PRE-PURCHASE ITEMS
11323 a Gnl CoIIlIc:tIon and Removal EoulDlNllll $ 1154.712.21 $ 958.360.01 3641.80 S If:S23.90 $ 11 823.90
15121 b 0ucIl1e Iron ~ joints & RlIlnas $ I 583 384.8! $ 1 59ll.452.87 tIS 088.02 S t7 &U.01 S 17.544.01
15110 VaIveli and AcalsllOri_ $ 422,541.36 S 335..228.20 87 315.18 $ 43 857.58 $ 43 6!l7.1.18
03000 5 p__ '0' CONCRETE TANKS $ 1.379806.111 S 1 379.806.91 S - s .
03000 6 P8Clk- 'E" AeRATION & ~.TREATMENT S 14.888.959.44 $ 14 1.186 959.44 S $ .
03000 7 ~'"F" FILTERS AND ClARIFIERS S II 529 7$5.7 $ 9528 796.12 - $ . 1$ "
13110 8 P"'-"" 'G' FALL PROTECTION SYSTEM S 147.000,0( S 147.000.00 $ . $ $ "
02370 91~"H' SILT FENCE $ 1 388.2t: $ 1.388.20 $ . S " $
Chanae 0I'dltr No.1" BONO $ 139,241,(10 S 139.241.00 $ . $ . $ .
ConlflTUl:tlo" lllan- ,...;
5% of the Coal of the Work $ 1 744,917 ~ S 1,897.835.27 $ 47082.05 $ 23.s41.03 $ 23,541.02
See Altachmenr~ - GMP FundaRe-Aloaltfon SummAI'II\
ConSfnlctlOl'lMltn- DtnICt CUt:
5% of the Coat of the Work S 1.1441117.34 S 1 897.A35.27 S 41 082.05 I S 23.s41.02 1$ 23541.03
See Attachment '8' - GMP Funds ~1Ion Summllf\l\
IIWH Conll--" f'" of".. CiDaf of Wontl $ 373 e28M 5 . S 373 928.44 , I 18& lI6S.22 I S 186 963.22
See AtIlIGhment '8" . GMP FlItId, Re-AIDc:8UIln SumtnIW\
Lack al5Ulllolent det8l111 not .......bIe at llme of llIddlnol
IIWH WOl'lt ,..~ Fundlt Hot CommltNd S 584 714.~ $ - S 584 714.44 $ 282 357.22 S 2lI2.357.22
See Atlachrnent ~ . GMP FlItIda Rlt-AIoc8lJon SummIllVI
Value J I"uItdIl """"-1 I $ . . - IS - . .
See Allachment "B" . GMP Funrill Re-AIo<:8I\OII
Collier Cou"", v.#ue flrJndtI $ 57,356.M $ . S 5735U3 $ 67.355.83 $ -
&Ie AtI8CIl1ment "B" . GMP Fundll Re-AIclcallon Summ"""l
lIfWH Vil/ue Ftmds S 40 718.!:i S - l.s 40 718.33 IS . S 40 111..33
See AttacIunenl '8" - GMP Funda Re-AIocallon
AHo_ces:
See Attachrnent '8" . GMP FunclS R&-Allocallon S\lIMlArvl
Owner Direct ChalYlAlll $ 0.00 S . S 0.00 $ 0.00 S
Und........und Contllcls $ O.DC S . $ 0.00 S 0.00 s "
Comouler EcIuillmllllt $ 4216.08 S - S 4216.08 S 4 218.08 S
Comrnller F urnhure $ 15,000.00 $ . $ 15000.00 $ 15000.00 S .
LandllCAnJnn . S 7S 000.00 $ . $ 76 000.00 $ 15000.00 $ .
FP&L Prlma.vPower $ . $ . $ . $ . $ .
RolOC8te Entrance Roell S . $ . S . $ - $ .
CornDulllf Room $ S $ . $ - $ .
Wale, BaaliM Tanl< CoatI""" $ a.DC S . $ 0.00 $ 0.00 s .
PROJECT TOTAL S 39.093,638.00 $ 37.352,375.95 $ 1.741,260.05 S 926.056.82 $ 815,20S.23
Agenda It~~.~@tl5
July 26, 2005
Page 12 of 19
abbott_8
From: Clifford Pepper [CliffordPepperOhmeng.c:om]
Sent: Wednesday, AprJ/13, 20053:20 PM
To~ abbott_a
Cc: smagnusOplmle.com; BonnleBaerOcolliergov.net; wood_I; Joe Goetz; Lisa Kraus
SubJect: 01.102: MWH Time Extension
Alicia,
We have reviewed the MWH letter of April 7, which provides revised and additional supporting Information to
justify their requested time extension of 77 calendar days. We feel the submitted Information is adequate to
document the requested time extension. Please advise if anything further Is needed or if you would prefer this
information in a letter.
Thank you.
Clifford Pepper
6/28/2005
-""'--'~-'----"--~----,
~
Agenda Item No. 16C15
July 26, 2005
Page 13 of 19
MALCOLM PIRNIE. INC.
tNDEPl!NOENT ENVIAONIIII!HTAL !HGlNI!I!RS. 8ClEHT1ST11 " CONSUL'lJ\NTS
April 29, 2005
Reference: South County Water Reclamation Facility
Montgomery Watson Claim for Extended Contract Time
..
0
VI
::r :-u
;:t.....
-<
I c::
.r:.-
-0 fT.;
-.-- 0
en>
N
Q:)
Ms. Alicia Abb~ E.I.. Project Manager
Collier County, Public Utilities Engineering Department
3301 East Tamiami Trail, Bldg. H
Naples, FI 34112
Dear Ms. Abbott:
Malcolm Pirnie has reviewed the support documentation as provided by Montgomery
Watson (MWH) for an extension of Contract Time on the South County Water
Reclamation Facility (SCWRF). The documentation has been forwarded to you under
separate cover.
MWH has requested an additional 77 calendar days effectively changing the final
contract completion date from February 28 to May 16, 2005. Documentation provided
supports more than 77 additional days; however, any extension beyond 77 days would
have no further impact on the contract..
There are two issues supporting this claim for additional time included the following:
. Work Directive Change No. 35 - This work directive was the result of changes
required by the Fire Marshal that had not been anticipated previously. This
included changes in the exterior signage of buildings, hazardous material signs,
additional fire extinguishers, additional exit and emergency lights, and
modifications to handrails and guardrail. ends. Supporting documentation
provided the delivery and installation time required to affect each item in Work
Directive Change No. 35 and to schedule a re-inspection by the Fire Marshal.
. Unusual Weather Conditions - During August and September. 2004, Collier
County was threatened four times by major hurricanes. Each time, the
4315 METRO PARKWAY SUITE 520 FORT MYERS. FL 33916 239-332-1300 lax 239-332-17B9 hltp:/lwww.pirnie.com
RECYClED PAPER
~
Ms Aoenpa lt~tn No. 16C15
. ~iC1a ~6, 2005
Page~ 14 of19
April 29. 2005
construction site was hardened in advance oftbe threat and then restored
following the threat. While tbistime period overlaps the claim for time related to
Work Directive Change No. 35, the net impact of the weather delay was to
extend the normal.time required for fabrication and delivery of materials.
Malcolm Pirnie has reviewed the documentation provided by Montgomery Watson
supporting a claim for a time extension of 77 days. It is our opinion that this claim is
valid and recommends that the County approve a change to the Contract granting this
time extension.
Should the County wish to discuss the matter further, please contact me at your
convenience. As aJways, it is a pleasure serving Collier County.
Sincerely,
Malcolm Pimie, Inc.
?L hI. 1 L
Robert French, P.E.
Senior Associate
~tl.PAPE~
.-__.__._____._.__._...____.n___.__.__._.__.__._.._..._"_'___'_"~__'_"_'~._._....___._____._,..__
-MWH
'UII MONTGOMERY WAiS::JN HARZ'.
c
......
...,.
r .
~.... "
Agenda Item No. 16C15
July 26, 2005
Page 15 of 19
December 17. 2004
Ms. Alicia Abbott
Collier County Government
Public Utilities Division
3301 E. Tamiami Trail, Building H
Naples, Florida 34112
Subject: SCWRF 16 MOD Expansion
Reference: Certificate afFinal Completion
Dear Ms. Abbott,
This correspondence is in regard to the Final Completion on the SCWRF 16 MOD
Expansion project. MWH has completed all Work in accordance with the Contract
Documents and declares it ready for Final Inspection.
If you have any questions or concerns. please do not hesitate to contact me at 239-825-
0665.
Sincerely,
MWH Constructors
"""'"
~~G~
Thomas 0 Ma os
Senior P ect ager
TGMlmyb
Corr: 104280-00002-00 100
~
cc: Clifford Pepper, P.E.. Hole Montes
Richard B. Lewis
Rob French, Malcolm Pirnie
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Work Directive Change No. 35 Timeline
woe No. 35 originated as a result of Fire Marshal inspection on June'j,j~24;3.2004, 3. 25
during which he made several comments that outlined numerous items outside of MWH
contractual scope of work that would be .required to be completed prior to the project
being granted acceptance. These comments were issued by MWH on June 24, 2004 (1)
and a meeting to review all necessary changes to the Contract Documents was scheduled
for July 28. 2004. (2) As a result of this meeting, WDC No. 35, dated August 4, 2004. (3)
was issued.. MWH forwarded the document to the Subcontractors directing them to
proceed with the work. On August 9, 2004, during the weekly coordination meeting
MWH received handrail modification details as a suppleIllent to WDC No. 35, as stated
on page 4 of the meeting minutes. (4) WDC No. 35 Scope of Work included:
1. Exterior signage on buildings
2. Hazardous material fiberglass signs
'3. Additional fire extinguishers
4. Exit signage and emergency lights
5. Handrail modifications to handrail and guardrail ends.
Agenda Item No. 16C15
July 26,2005
Page 16 of 19
f." l;. i.-. U.
Weather Impacts
During August and September of 2004, Florida endured four major hurricanes; all of
which ..at one tiJ;ne or another threatened to make landfall in Collier County. First
hurricane, Ch,arIie; made landfall on August 13, 2004justnorth of Collier County and, .
cauSed so much damage that it was considered to be. the second-most expensive U.S. .
hurricane after 1992's Andrew. Three weeks later, on September 5,2004, hurricane
Frances made landfall on the East Coast of Florida lUld contributed to damage caused
earlier. Hurricane Ivan barely missed Collier County and made landfall in the Florida
panhandle on September 16,2004. Finally, on September 25,2004 hurricane Jeanne hit
East Coast of Florida once again, completing the most devastating hurricane season for
the state of Florida ina long time. (5)
Overall, the impact of four hurricanes within less than a 2-month window devastated
numerous homes and businesses, crippled the economy and created increased demand for
a variety of construction materials, which contributed to the longer-than-expected
fabrication time for several components that needed to be installed under WDC No. 35
Scope of Work.
Review of the Individual Items of woe No. 35 Scope of Work
1. Exterior Silmase on Building:s. As evident from the Work Order (6), Mitchell &
Stark, one of our Subcontractors. contacted building signage Subcontractor as soon as
practicable and authorized them to proceed with fabrication on August 26, 2004. The
signage was fabricated and delivered to the jobsite on October 26, 2004. and Collier
County was notified in the October 28, 2004 closeout coordination meeting. (7)
Installation commenced on November 3,2004 and was completed on November 10,
2004.
\
\
Agenda Item No. 16C15
July 26, 2005
Page 17 of 19
2. Hazardous Materials Signage. This work was completed by Project Integration at the
same time they worked on the handrail modifications.
3. Additional Fire Extinguishers. This work started and completed on September 8,
2004. (8)
4. Exit Si{mage & Emer2encv Liszhts. On August 23, 2004, shortly after receiving
WDC No. 35, Cogburn Electric, the electrical Subcontractor, forwarded a quote for
this work. (9) One of the items discussed in the e-mail were self-illuminating signs
that contained 20 years of radioactive Tritium. Through procurement process, it was
determined that this type of fixture was a six-week lead item. It was further
determined that these signs required end-user information for registration pUIposes,
since Tritium is a federally regulated substance. (10) To mitigate further delays, the
decision was made to substitute this fixture to a different type that was more readily
available and did not mandate a lengthy registration process. The fixtures were
delivered to the jobsite week of October 18, 2004 and were installed by October 28.
2004. (7)
5. Handrail Modifications.
a. Proiect Integration. Part of required handrail modifications were perfonned by
Project Integration. This work started on September 7; 2004 and was completed
on September 14,2004. (11 throughl6) SinCe Project Integration had some
remaining material from their original scope of work, they were able to procure
necessary parts relatively fast and complete the work.
b. Mitchell & Stark. Mitchell & Stark performed remainder of required handrail
modifications. Unfortunately, there was no material available on site to
immediately proceed with the modifications. and, due to weather-related
conditions described above, the necessary material was not delivered to the jobsite
until October 5,2004. (17) Modifications commenced on October 9,2004 and
were completed on October 28, 2004. (18 through 26)
After the work was completed, MWH contacted the Fire Marshal to schedule an
inspection of the work. On November 18, 2004 (27) MWH confirmed that the Fire
Marshal inspection was scheduled for December 1, 2004. On December 2,2004 Fire
Marshal visited the site and did not have any objections to the WDC N{). 35 Scope of
Work, thus finalizing this item, as evidenced from the December 2,2004 e-mail by an
MPI representative outlining additional comments by the Fire Marshal unrelated to
MWH scope of work. (28)
As it can be seen from the above facts. weather conditions and procurement of the long-
lead items substantially contributed to the WOC No. 35 schedule. All parties involved in
moving this work forward h~ve diligently worked to achieve timely completion and
mitigate any issues that were not known prior to starting construction of the project but.
nevertheless, had to be addressed.
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Agenda Item No. 16C15
July 26, 2005
Page 19 of 19
~ County WalIr RIcIIIulIDn ~ 11 mgd ElqlnID - r.p:,..~
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Recommended Action: Recommendation to approve a final Change Order to Contract 00-3171 with
MWH Americas, Ine. for additional time and a deductive amount of ($687,560.82), for the South County
Water Reclamation Facility 16 MGD Expansion Project 73949
Agenda Item No. 16C16
July 26, 2005
Page 1 of 4
.-
EXECUTIVE SUMMARY
Recommendation to reject all proposaIJ received under RFP #05-3813, "Professional
Services to Develop County Water and Wastewater Master Plans, with Rate Structure and
Impact Fee Studies," Project NOI. 700704 and 730664.
OBJECTIVE: The public purpose is to posture the Collier County Water-Sewer District to meet
water and wastewater utilities demands of the County over the next 20 years; to stay in
regulatory compliance; and to update the User Rate and Impact Fees.
CONSIDERATIONS: The 2005 Water and Wastewater Master Plan Updates are needed as a
sound-planning basis for an extensive capital improvement program. In this update, the capital
projects will need to reflect the 5 and 20 year planning horizons extending to 2010 and 2025,
respectively; the assessment of 2005 Impact Fees and User Rates must reflect the up-to-date
planning of capital projects to meet demand.
~-
On April 5, 2005, the County Purchasing Deparbnent advertised RFP #05-3813, "Professional
Services to Develop County Water and Wastewater Master Plans, with Rate Structure and
Impact Fee Studies." On April 29, 2005, the Purchasing Department received proposals from
10ur finns. On June 17, 2005, the Selection Committee short-listed Ayres Associates, Inc. as the
top ranked firm and subsequently, staff initiated contract negotiations with them.
After several discussions with the top-ranked firm, staff concluded that a satisfactory agreement
could not be reached as to the scope and cost of the work. Hence, staff fonnally tenninated
negotiations with the top-ranked firm and is now seeking to change the project approach through
the reduction of scope and prospectively through the performance of certain tasks through two or
more sources (i.e.; consultants and/or County staff). To this end, staffis now negotiating a work
order with a firm presently under an annual contract to perform general engineering services to
perform the initial phase of the master planning work. Depending on the outcome of the work
delivered in the first phase, staff will then determine the appropriate courses of action for
completing the balance of the work to be performed in subsequent phases.
Therefore, staff is recommending that the Board formally reject all proposals received under the
referenced RFP. Staff will then issue a work order under an existing fixed term agreement It is
anticipated that the dollar value of the initial work order will not exceed $90,000, which is the
maximwn staff authorization level. Further additions in scope, if necessary, will be brought to
the Board
The Purchasing Department and the County Clerk's Finance and Accounting Division have
reviewed the information contained in this Executive Summary and the corresponding
attachments.
FISCAL IMPACT: There is no fiscal impact associated with this decision.
~--
GROWTH MANAGEMENT IMPACT: This project is consistent with the 2003 Water and
Wastewater Master Plan Updates adopted by the BCC on May 25, 2004 as Agenda Items 10(D)
Agenda Item No. 16C16
July 26, 2005
Page 2 of 4
and lO(C), respectively, in that a line item for a ''Master Plan Update Projecf' is included in each
adopted Master Plan.
RECOMMENDATION: That the Board of Collier County, Florida, as Ex-Officio the
Governing Board of the Collier County Water-Sewer District reject all proposals under RFP #05-
3813, "Professional Services to Develop County Water and Wastewater Master Plans, with Rate
Structure and Impact Fee Studies".
PREPARE>> BY: Porfirio E. Gramatges, P.E.
Principal Project Manager, Public Utilities Engineering Department
,'_H"
AgOnda lturn Nu. 16C16
JUly 26, 2006
Page 3 01/1
COLLIER COUNTY
BOARD QF COUNTY CO"~lal'llONF.RS
'...,NumIM,
Item lummary
16C1tl
R'QOm~'und..tion to reject .I! prop"..,. rIIc.jv.d LInd., RFP f05.3813 'prc>r....on.1
6..,..,i~n tu O'\I.lo~ Countjl 'NIhlr "nd WII..1.wat.1' Mastl'f Platls, with Rate StnJ(ltur. and
1rr."'''Cr ~.fl StUt;iIM,. PrQjlte1 No" 70070. and 73061!1.j.,
"1f.;:6110D6 1;:00:00 AM
M..an, 0..
Pnp...-d By OVItt'
PllUlKW8 P,oJect Mlnal,!" 7t81la06 1:21:4a AM
P'ubflc: Ullllllell Public lltIllt.." Englne.rllllJ
Apprond By
P.OfflntJe'.I3'.rn~O"$, ".E. Gr,P,ojt'dt.tilll1111ger Dille
PubllcUlIIltlltS Public UUlIllu Engin.efinll 7It1f200!2:.41PM
Approved By
$t~JII Camell PIl/chulng/aMNlI'.&! 8ve.. Dbeeta! D."
Admi"I'lflltlV~ aerylc"" PUN::nuintl 7/'1"200& to:" AM
Apprond By
Ploy D. AmhlfllOf'l. P.E. Publl;,: UtlRII.. Etlglnu,lnlJ DI,,1:1ot Dale
Pllbh~ U1iljfj"$ PUhllr.Ufllitlelll!:ngItUI",,11llJ 7/'tfl,'ZlU 10:51 AM
Appl'9\1.d By
Thom"$ WldllH OperlttiOlI.Olrer.IDof D...,
PuhfkVlllltittfo P'lIbUcUtllltlltl Qptlf,lIlM. 1/11120063;0.1 P'M
Approved By
Q, UftOfge- VII"",!:: Solld W..'e birer.tor bale
ftulJlic Util1h*lI &olldWul. '/'t1IJi20\lf,;J:06PM
Approll'od By
P.ul M.-tt'\I,'K,h W.tff'Uirnc1Qf t)lItll
ftutlllr.Utllltllu; WetI." 7/1il1lZ40G UO PM
Approved By
Mldlllel 8Inykow..:1 tAllnlllJefnel1t & Duualtl: D/reetur DlIte
('.ountl' NI'l\lIVlf". Dffielt Office of fol'an'l1lmf1nt& SlIdlJ'" 711'120afl:l:I'PM
AppMlud By
J.mu V. Mudd County rMnagll' ....
8nll,dolCDunly CCIIUll.y ,.talleU.t'. omce 7/t11!20064:2IPM
C.ommluloneu
Project Name:
EVENT
Land Aalu..ltlDft
DeelgnjPermlt
CoMl7uctlon
lupectlon
Project Tlltal
Agenda Item No. 16C16
July 26,2005
Page 4 of 4
Recom me nded Action; Recommendation to reject all proposals received under RFP #05-3813,
"Professional Services to Develop County Water and Wastewater Master
EXECUTIVE SUMMARY
Agenda Item No. 16C17
July 26, 2005
Page 1 of 16
Recommendation to approve second contract under Request for Proposal #00-3129 for the
standardization of an automatic meter reading system with AMCO Water Metering Systems,
Incorporated in the estimated amount of $2,000,000.
OBJECTIVE: To obtain Board of County Commissioners approval for the second contract under
RFP #00-3129 - Automatic Meter Reading System to standardize the purchase of meters to be read
by radio in order to upgrade the Collier County Water District's meter reading technology.
CONSIDERATIONS: The Board approved the original contract #00-3129 with ABB Water
Meters Incorporated on December 7, 2000, Agenda Item 16C8. The standardization was procured
through a Request for Proposal (RFP) competitive selection and negotiation process. Articles of
Amendment to the Articles of Incorporation for ABB Water Meters, Incorporated were filed on
December 18, 2002, changing the name of the corporation to AMCO Water Metering Systems,
Incorporated. On December 7, 2004 a six-month extension to the original four-year contract was
executed by the Purchasing Department. The contract extension expired on June 6, 2005.
This recommended second contract under this RFP is with the AMCO Water Metering Systems,
Incorporated. AMCO has provided good service and has actually decreased pricing under this new
proposed contract. Prices have decreased an average of 3% from the prices in the first contract.
Under the first contract, the Water-Sewer District retrofitted all of the existing small water meters
with meters from this manufacturer. All new meters that have been added to the system for the term
of the contract have likewise been from this manufacturer. The approval of this contract will
provide for uniformity of the equipment used to meter water consumption. This uniformity in
metering equipment allows for a reduction in the necessary stock of spare parts; there is no need to
stock expensive multiple parts inventories for multiple meter manufacturers.
Sta:ffrecommends the approval of this second contract with AMCO.
FISCAL IMPACT: The annual impact of this purchase during subsequent fiscal years will be in
the estimated amount of $500,000 for the next four years. The actual amount will vary depending
upon the number of meters requested for new construction. Funds are available in the Water
Operating Fund 408, which is funded through user fees.
GROWTH MANAGEMENT IMP ACT: This purchase will have no growth management impact.
RECOMMENDATIONS:
1) That the Board of County Commissioners, as the Ex-officio Governing Board of the Collier
County Water-Sewer District, approve the second contract under RFP #00-3129 with
AMCO Water Metering Systems Incorporated and;
2) authorize the Chairman to sign the standard agreement after approval by the County
Attorney's Office.
PREPARED BY: Pamela Libby, Water Distribution Manager
Agenda Itern Nu. 16C17
July 26. 2005
Page 2 or 16
COLLIER COUNTY
BOARD Of COUNTY COMMIS810~P.RS
Item Number
Item Summary
16C.17
RlPOrnrnendatian to .pW-Olil "t;ond tIt.'Mnct lInd.r FtFP 1II00-312U to~ the .t.II,war.olutlOl,
u1lu\ ilutDmatic "fltt.r ralldltlg ","'''1 'Nlth "fACO Waler Melerlng Sl!lviueol, IfI<; in tnll
Htim.ted "mount I'lf $2.000,000. (1500,(I0Qly.llr for' yeAH,)
71:'6120059:00:00 AM
M..tin,DltII
Approved 8)'
Pramel.lUbl.1"1 WoIt., OPift.tlo.... ~lIInIGfI' D...
Public Utlll1l1tt Wet., 7InI2006:1~3' PM
Appraud By
ThumelO Wide" OperatlDf'i Dirllt10r "'"
Public UIllIUe5 Public Utlltj~1 Opll,aliM5 7113,'2~1I' 3:40 PM
Approved 8)'
l.'I'I\WQod P&m:h..lf~ AVMlt D~.
Attmlnl_t"Uvb $tlrvlCflli PiU~h.sl"O 1114120001:10 AM
Approved By
stuv~C.",.1I PUfch."lngfGflnelal SlIe. Dirillelor "'..
AtIn,lnl.t,.,tIVJl Service. Putclluillll 7I,,f'UOI1f:21 AM
Approved By
Jillrnej;W.DeLofl)' PulJlw Ut,lltln ^dmjlll.tr~t(,lr D...
PlrbIlc Utlllll... Public Utll"iu "lJrr~nl..tt.llol' 71141200' 4:28 PM
Approved By
OMB CCl)fUlllltDf Aodrnlnl'dr.hvtl A"dltllrrt D.'e
C"unt~ Man.gllt', Office OlflrJl al MHnafil"",ent & BUdg., 7H"aDN 1:12 AN
Approvod By
M1cllftl Stnyll.ow.kt Man1ve,nant I. BUdg4l( Olnll,:1uf Dot.
COlllUY M.n~g''''lli Offlu Office of "'.n1nMl"m & Budget 71,.r:oO'..:liAU
Approved By
J.mllll\!. MOdd Comity Miln.""f 0.1.
Sailrd <If CI)UhIY CtJuntyM.t'IIt~'IOffk:e 711t1200&1.5tPM
COfl1mlJ,alonets.
Agenda Item No. 16C17
July 26, 2005
Page 3 of 16
AM:CO ...
. . . .
.....
......
--:::::.-
Collier County RF Program Pricing
Supply Program (Per RFP # 00-3129 09-01-00)
Each
Itron Extended warranty Related Encoders - Special
pricing for purchue of new encoder In lieu of
spllclna new ERT to exlstlna encoder.
Invision Encoder for S/8" to 2" C700 $20.00
New Meters
Positive Displacement - Domestic Service Each
518x314" C700 (Meter, Encoder and ERn $154.46
314x3l4" C700 (Meter, Encoder and ERT) $162.22
1" C700 (Meter, Encoder and ERn $196.13
1.S" C700 (Meter, Encoder and ERT) $280.S2
2" C700 (Meter, Encoder and ERn $329.99
Meter and Encoder - Domestic Service Each
5/8x3l4" C700 (Meter and Encoder) $66.97
3/4x3l4" C700 (Meter and Encoder) $74.73
1" C700 (Meter and Encoder) $108.64
1.5" C700 (Meter and Encoder) $193.03
2" C700 (Meter and Encoder) $242.50
AQuaMaster Electronic Meter - Domntlc Service
See Attached sdledule for sizes 2" to 24" See AqM Peges
Larger sizes up to 96" available on special order Call AMCO
Turbine - Domestic Service Each
1.S" T3000 (Meter, Encoder and ERT) $433.63
2" T3000 (Meter, Encoder and ERn $465.01
3" T3000 (Meter, Encoder and ERT) $654.14
4" T3000 (Meter, Encoder and ERT) $964.13
6" T3000 (Meter, Encoder and ERT) $1,679.29
8" T3000 (Meter, Encoder and ERn $2,813.43
10" T3000 (Meter, Enooder and ERT) $3,594.54
12" T3000 (Meter, Enooder and ERT) $4,689.14
Compound - Domestic Service Each
2" C3000 (Meter, Encoders and ERTs) $1,118.83
3" C3000 (Meter, Encoders and ERTs) $1,411.71
4" C3000 (Meter, Encoders and ERTs) $1,662.78
6" C3000 (Meter, Encoders and ERTs) $3,108.92
8" C3000 (Meter, Encoders and ERTs) $5,649.37
SS Z-Plate Strainer For T3000 and C3000 Each
1.S" SS Z-Plate Oval Strainer, NSF61 Bronze Body $148.68
2" SS Z-Plate Oval Strainer, NSF 61 Bronze Body $148.68
3" SS Z-Plate Round Strainer, NSF 61 Bronze Body $217.98
4" SS Z-Plate Round Strainer, NSF 61 Bronze Body $341.44
6" SS Z-Plate Round Strainer, NSF61 Bronze EfcidY- $506.07
Page 1
Agenda Item No. 16C17
July 26, 2005
Page 4 of 16
A~CO ...
.........
. ...........
.......
...
Collier County RF Proaram PrIcing
Supply Program (Per RFP # 00-3129 09-01-00)
8" SS Z-Plate Round Strainer, Coated Galv Plate Steel $880.11
10" SS Z-Plate Round StraIner, Coated Galv Plate Steel $1,184.40
12" SS Z-Plate Round Strainer, Coated Galv. PIt. Steel $1,729.98
Page 2
Agenda Item No. 16C17
July 26,2005
Page 5 of 16
A~CO . . .
. . . .
.....
...........
.......
V
Collier County RF Program Pricing
Supply Program (Per RFP # 00-312909-01-00)
Deduct for Direct
Fire Service Meters - Fire and Domestic Service Each Reed Register
4" FSM with encoders and Itron Pit ERTs $4,768.41 $253.00
6" FSM with encoders and Itron PIt ERTs $6,418.83 $253.00
8" FSM with encoders and Itron Pit ERTs $8,373.47 $253.00
10" FSM with encoders and Itron Pit ERTs $12,121.63 I(Avallable Q3 2005)
12" FSM with encoders and Itron Pit ERTs (Sp Order) Call AMCO (Available Q3 2005)
AouaMaster FSM - Fire and Domestic Service
See Attached schedule for sizes 3" to 12" See AqM FSM Pages
Replacement Comoonents Encoder
Each
Encoder for S/8x3/4" through 2" C700 $52.00
Encoder for 1.5" through 10 T3000 $93.50
Encoders for 2" through 8" C3000 $143.50
Pit ERT $87.49
Remote or Direct Mount ERT $7S.00
i~~llil~~ili~~_.___!~.t!l~II~~.._~~~itt~~~~~~~lfJ~
Reclaimed Water Metera
Positive Displacement Each
518x314" C700 (Meter, Encocler and ERr) $156.96
314x3/4" C700 (Meter, Encoder and ERT) $164.72
1" C700 (Meter, Encoder and ERT) $198.63
1.S" C700 (Meter, Encoder and ERT) $283.02
2" C700 (Meter, Encoder and ERn $332.49
Meter and Encoder Each
S/8x3l4" C700 (Meter and Encoder) $69.47
3/4x3l4" C700 (Meter and Encoder) $77.23
1" C700 (Meter and Encoder) $111.14
1.5" C700 (Meter and Encoder) $195.S3
2" C700 (Meter and Encocler) $245.00
Turbine Each
1.S. T3000 (Meter, Encoder and ERn $436.13
2" T3000 (Meter, Encoder and ERT) $467.S1
3" T3000 (Meter, Encoder and ERn $656.64
4" T3000 (Meter, Encoder and ERT) $966.63
6" T3000 (Meter, Encoder and ERT) $1,681.79
8" T3000 (Meter, Encoder and ERT) $2,815.93
10" T3000 (Meter, Encoder and ERn $3,597.04
12" T3000 (Meter, Encoder and ERT) $4,691.64
Page 3
Agenda Item No. 16C17
July 26, 2005
Page 6 of 16
A~CO ...
. . . .
.....
...........
.......
V
Collier County RF Program Pricing
Supply Program (Per RFP # 00-3129 09-01-00)
Meter With Direct Read Register
Positive Displacement
3/4x3l4~ C700 LL, BB $41.71
1~ C700 LL, BB $67.58
1.5~ C700 (NPT) LL, BB $177.00
2" C700 (NPT) LL, BB $242.00
Addltdions for 2005
H3200 Hydrant Meter w encoder and 5OW-2 Pit Ert $654.14
Intemal Single Check Valve for H3200 $190.80
Page 4
Agenda Item No. 16C17
July 26, 2005
Page 7 of 16
A:MCO ....
.....
...........
..~.
Collier CountY
AMR Contract
Itron AMR Components ncludM h8rdw.... & softwarel
Monthly
Price Melntenence
Pert Number o.crImlon Qty Each Extended
MYRS MV-RSSof\.ware - Windows Version (up to $3,610.27 $0.00 $137.00
10,000 meters)
MVRS MV-RS Soflware - Windows Version (up to $3,737.18 $0.00 $187.00
25,000 metBrs)
MVRS MV-RS Soflware - Windows Version (up to $7,474.37 $0.00 $190.00
75,000 meters)
Mobile Collector Mobile Collection Symm, Includell Price Monthly
without mapping canylllhlpplng container. vehlclelnstall8tlon Melnbtn8nce
kit. power cabling, antenl\ll and ban guldM
MC2 Up to 20,000 meters $32,450.00 $0.00 $350.00
MC2 20K to 100K meters $36,300.00 $0.00 $350.00
MC2 100K+ meters $49,500.00 $0.00 $500.00
Mobile Collector Mobile Collection Syatem.lncluda Price Monthly
with mapping canylllhlpplng contain.... vehicle Installation Melntenence
kit, power cabling, antenna and ban guldM
MC2 Up to 20,000 meters $35,200.00 $0.00 $350.00
MC2 20K to 100K meters $39,600.00 $0.00 $350.00
MC2 100K+ meters $50,600.00 $0.00 $500.00
Page 5
Agenda Item No. 16C17
July 26, 2005
Page 8 of 16
A:M:CO ....
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Collier County
AMR Contract
FC2 FC200, No ERT Radio Transceiver. Supplied $2,305.40 $0.00 $22.95
with standard keyboard oveI1ey, touch screen
stylus, GettIng Started users guide, pOW8/'
supply, serial and USB communication cebles.
FC2BT FC200, with Wireless Probing Transcelver, No $2,563.29 $0.00 $25.95
ERT Radio Transceiver. SUpplied with standard
keyboard overiay, touch screen stylus, GettIng
Started users guide, power supply, serial and
use communication cables.
FC2WR FC200, No ERT Radio Transceiver, WWAN $2,486.97 $0.00 $25.45
Reedy. SUpplied with standard keyboerd
overlay, touch screen stylus, Getting Started
users guide, power supply, seri8I and USB
communication cebles.
FC2WRBT FC200, with Wireless Probing Transceiver, No $2,744.87 $0.00 $28.45
ERT Radio Transceiver, WWAN Ready.
Supplied with sland8rd keyboard overlay, tDuch
screen stylus, Getting Started users guide,
power supply, serial and use communication
cebles.
FC2R FC200, with ERT Radio Transceiver. Supplied $4,210.66 $0.00 $44.90
with 8t8ndard keyboard overlay, touch screen
stylus, GettIng Started users guide, pa.ver
supply, serial end USB communication cebles.
FC2RBT FC200, with Wireless Probing and ERT Radio $4,488.55 $0.00 $47.90
Transceiver. Supplied with stand8rd keyboard
overlay, touch screen stylus, Getting Sl8rted
users guide. power supply, serial and USB
communication cables.
OEM..Q065-004 Desk Dock, Single, SerIal Communlcatlons (1-5 $200.13 $0.00 $1.95
handhelds) and User's Guide
OEM..QQ65..051 Desk Cock wlth Extra B&Uery Charging Bay, $323.29 $0.00 $3.15
Serial Communications (1-5 handhelds) and
User's Guide
OEM-D065-045 Desk Cock - Six Station end User's Guide $1,950.00 $0.00 $19.00
OEM-D065-003 Vehicle Cocking KIt with 12-vo1t power adapter $405.40 $0.00 $3.95
and Vehicle Dock User's Guide
Page 6
Agenda Item No. 16C17
July 26,2005
Page 9 of 16
A:M:CO ....
.....
....... . .
..~$..
Collier CountY
AMR Contract
ECATRX-0003-001 G5 Handheld e MB DRAM. 8 MB Non-volatIIe $2,884.20 $0.00 $33.00
Compect Flash, Fist Keyboard. OveI1ay &
Battery
ECATRX-0004-002 G5R Handheld with Integraled Fun Duplex $4,053.50 $0.00 $38.50
Radio, 8 MB DRAM, e MB Non-volatile Compact
Flash, Flat Keyboard, 0veI1ay & Battery
ECABC5-0003-002 POD Charging Communk:allons Cradle for G5 $576.53 $0.00 $4.50
ECAPWR~013-003 POD Power Supply for G5 (will $122.95 $0.00 N1A
support 3 PODs)
ECA520-0358-001 POD to PC Cabla $18.45 $0.00 N1A
ECAFAB-0130-OO1 G5 Handstrap (spara) $6.16 $0.00 N1A
ECAMSE-0084-001 G5 Antenna (spara) $43.07 $0.00 N1A
ECAHWR~068-001 G5 Antenna Port Cover $9.35 $0.00 N1A
ECAMLD-0021-OO1 G5 12 pin Comm Port Dust Cover $0.55 $0.00 N/A
ECAOVL-0084-OO1 G5 Overlay, Keyboard. MV-RS $18.45 $0.00 N1A
ECAOVL~089-001 G5 Ov8r1ay, Keyboard. V1ENA $18.45 $0.00 N1A
ECABA T -0011-002 G5 lithium - Ion Battery $104.53 $0.00 N1A
ECATDC-0350-000 Quick Referance Guide, POD - G5 $2.48 $0.00 N/A
ECAG5RU G5 Radio Upgrade $1,650.00 $0.00 $5.50
ECAROP-0002~01 ReadOna Pro Installer Handheld $2,385.83 $0.00 $31.50
ECA563-0001-005 ReadOna Pro ReDid Charoer $227 .45 $0.00 N1A
E~2517~5 ReadOna Pro to PC Cable $104.50 $0.00 N/A
Page 7
Agenda Item No. 16C17
July 26, 2005
Page 10 of 16
A:M:CO ...
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Collier County
AMR Contract
AauaMaster Worksheet 2" . 24" Domestic ServIce
(Strainer not included)
Options QTY 2" 3" 4"
AquaMuter Electronic Potable Cold Water Meter
Sensor with Grounding Rings for 4" and lamer 1 $1,097.60 $1,209.60 $1,568.00
Electronic Display Unit. Chooee One
$0.00 Intearal Transmitter, Horozontal Display (1.5" - 24") $0.00 $0.00 $0.00
$0.00 Intearal Transmitter, Vertical Displav (1.5" . 24") 1 $0.00 $0.00 $0.00
$236.32 Remote Display (Recommended for ~lt Aoollcatlons} $0.00 $0.00 $0.00
Power SuPPly. Choose One
$0.00 Batterv Only 1 $0.00 $0.00 $0.00
$154.56 AC w Batterv Backup (Not available w Horoz. Display) $0.00 $0.00 $0.00
Pottlna Option $0.00 $0.00 $0.00
$36.40 1P68 Electronic Display Unit + ~ottIna 1 $36.40 $36.40 $36.40
Cable length (Remote Display Only) . Chooee One $0.00 $0.00
$34.72 30 Ft STT4001 $0.00 $0.00 $0.00
$69.44 65 Ft STT4001 $0.00 $0.00 $0.00
$956.48 500 Ft STT4009 $0.00 $0.00 $0.00
$1,094.24 650 Ft STT401 0 $0.00 $0.00 $0.00
Connection
$0.00 ANSI B16.5 Class 150 Flanges (1.5" - 24" onlY) 1 $0.00 $0.00 $0.00
Cable Entries. Choose One
$0.00 20mm ~Iastlc Glans. Cable Not Fitted or Potted" 1 $0.00 $0.00 $0.00
$0.00 112" NPT Cable Not Fitted or Potted $0.00 $0.00 $0.00
"RecofTWTIended for all Intearel DisPlay Aoplications
Calibration Certificate. Choo.. One
$0.00 1 Point Standaro - No Pressure Test 1 $0.00 $0.00 $0.00
$56.00 1 Point Standard - With Pressure Test $0.00 $0.00 $0.00
$40.32 3 Point. No ~ressure Test SO.OO $0.00 $0.00
$76.72 3 Point - With ~ressure Test SO.OO $0.00 SO.OO
Communleatllon Dotlons . Choo.. One
$0.00 Remote Port RS232C (AQuaMaster S)" $0.00 SO.OO $0.00
$0.00 Pulse Output $0.00 $0.00 $0.00
$0.00 Encoder Output 1 $0.00 $0.00 SO.OO
"Both options not available at the same time. Pulse output
is always provided. SO.OO $0.00 SO.OO
Parte I Acceduori..
$28.56 Battery (PIN 2560M1542) $0.00 $0.00 $0.00
$285.60 Programming Lead (PIN MMGAWEB2000) $0.00 $0.00 $0.00
Total Meter DoUo", $1,134.00 $1,246.00 $1,604.40
AMR Options
50W-2 AMCO Encoder Remote ERT with Wall Mount Back
$87.49 Plate 1 $87.49 $87.49 $87.49
(Strainer not Included) Total $1,221.49 $1,333.49 $1,691.89
Page 8
Agenda Item No. 16C17
July 26, 2005
Page 11 of 16
A~CO ....
.....
..:~:..
Collier County
AMR Contract
AquaMater Workaheet 2" - 24" Domestic ServIce
(Strainer not included)
Option. QTY 6" 8" 10"
AquaMester Electronic Potable Cold Water Meter
Sensor with Groundina Rings for 4" and larger 1 $2,912.00 $5,488.00 $5,908.00
Electronic Display Unit - Choose One
$0.00 Integral Transmitter, Horozontal Display (1.5" - 24") $0.00 $0.00 $0.00
$0.00 Integral Transmitter, Vertical Display (1.5" - 24") 1 $0.00 $0.00 $0.00
$236.32 Remote Disolay {Recommended for Pit ADolications} $0.00 $0.00 $0.00
Power Supply - Chooae One
$0.00 Battery Only 1 $0.00 $0.00 $0.00
$154.56 AC w Batterv Backup (Not available w Horoz. Dlsplav) $0.00 $0.00 $0.00
PottIna Option $0.00 $0.00 $0.00
$36.40 IP68 Electronic Display Unit + Potting 1 $36.40 $36.40 $36.40
Cable Lenath {Remote Display Onlyl - Choose One $0.00 $0.00 $0.00
$34.72 30 Ft STT4001 $0.00 $0.00 $0.00
$69.44 65 Ft STT4001 $0.00 $0.00 $0.00
$956.48 500 Ft STT4009 $0.00 $0.00 $0.00
$1,094.24 650 Ft STT4010 $0.00 $0.00 $0.00
Connection
$0.00 ANSI B16.5 Class 150 Flanges (1.5" - 24" only) 1 $0.00 $0.00 $0.00
Cable Entries - Choose One
$0.00 20mm Plastic Glans - Cable Not Fitted or Potted" 1 $0.00 $0.00 $0.00
$0.00 112" NPT Cable Not Fitted or Potted $0.00 $0.00 $0.00
*Recommended for alllntearal Disp(avAPDlications
Calibration Certificate - Choose OM
$0.00 1 Point Standard - No Pressure Test 1 $0.00 $0.00 $0.00
$56.00 1 Point Standard - With Pressure Test $0.00 $0.00 $0.00
$40.32 3 Point - No Pressure Test $0.00 $0.00 $0.00
$76.72 3 Point - With Pressure Test $0.00 $0.00 $0.00
Communlcatlion Options - Choose One
$0.00 Remote Port RS232C (AquaMaster S)* $0.00 $0.00 $0.00
$0.00 Pulse Output $0.00 $0.00 $0.00
$0.00 Encoder Output 1 $0.00 $0.00 $0.00
*Both options not available at the same time. Pulse output
is always provided. $0.00 $0.00 $0.00
Parts I Accedseori..
$28.56 Battery (PIN 2560M1542) $0.00 $0.00 $0.00
$285.60 Programming Lead (PIN MMGAWEB2000) $0.00 $0.00 $0.00
Total Mater Options $2,948.40 $5,524.40 $5,944.40
AMR Options
5OW-2 AMCO Encoder Remote ERT with Wall Mount Back
$87.49 Plate 1 $87.49 $87.49 $87.49
(Strainer not Included) . Total $3,035.89 $5,611.89 $6.031.89
Page 9
Agenda Item No. 16C17
July 26, 2005
Page 12 of 16
A:MCO ...
. . . .
.....
"":$:".
Collier County
AMR Contract
AquaMaater Workahaet 2" . 24" Domestic Service
(strainer not included)
Options QTY 12" 14" 18"
AquaMuter Electronic Potabla Cold Water Meter
Sensor with Groundinc RIngs for 4" and lamer 1 $8,496.00 $7.784.00 $8,904.00
Electronic Display Unit. Choose One
$0.00 Integral Transmitter, Horozontal DlsDlay (1.5" - 24") $0.00 $0.00 $0.00
$0.00 Integral Transmitter. Vertlcel DISPlay (1.S" - 24") 1 $0.00 $0.00 $0.00
$238.32 Remote DlsOlay (Recommended for Pit Appllcetlons) $0.00 SO.OO $0.00
Power Supply. Chooee One
$0.00 Battery Only 1 $0.00 $0.00 $0.00
$154.56 AC w Battery Backup (Not available w Horoz. Display) $0.00 $0.00 $0.00
Potting Option $0.00 $0.00 $0.00
$36.40 IP68 Electronic DIsplay Unit + Potting 1 $36.40 $36.40 $36.40
Cabla Length (Remota Display Only) . ChOOlle Ona $0.00 $0.00 $0.00
$34.72 30 Ft STT4oo1 $0.00 $0.00 $0.00
$69.44 65 Ft STT4001 $0.00 $0.00 $0.00
$956.48 SOO Ft STT4009 $0.00 $0.00 $0.00
$1,094.24 650 Ft STT4010 $0.00 $0.00 $0.00
Connection
$0.00 ANSI B16.5 Class 150 Flanges (1.5" - 24" only) 1 $0.00 $0.00 $0.00
Cable Entrlu . Choose One
$0.00 20mm Plastic Glans - Cable Not Fitted or Potted" 1 $0.00 $0.00 $0.00
$0.00 112" NPT Cable Not Fitted or Potted $0.00 $0.00 $0.00
"Recommended for alllnteQral Display ADDlications
Calibration Certificate. Choo.. Ona
$0.00 1 Point Standard - No Pressure Test 1 $0.00 $0.00 $0.00
558.00 1 Point Standard - With Pressure Test $0.00 $0.00 $0.00
$40.32 3 Point - No Pressure Test $0.00 $0.00 $0.00
$76.72 3 Point - With Pressure Test $0.00 $0.00 $0.00
Communlcatllon OptJona . ChooHOne
$0.00 Remote Port RS232C (AquaMaster S)" $0.00 $0.00 $0.00
$0.00 Pulse Output $0.00 $0.00 $0.00
$0.00 Encoder Output 1 $0.00 SO.OO $0.00
"80th options not available at the same time. Pulse output
Is always provided. $0.00 SO.OO $0.00
Parts I Aceed..orl..
$28.56 Battery (PIN 2560M1542) $0.00 $0.00 $0.00
$285.80 Programming Lead (PIN MMGAWEB2000) $0.00 SO.OO $0.00
Total Mater Option. $6,532.40 $7.820.40 $8,940.40
AMR Options
50W-2 AMCO Encoder Remote ERT with Wall Mount Back
$87.49 Plate 1 $87.49 $81.49 $87.49
(Strainer not Included) Total $6.619.89 $7,907.89 $9,027.89
Page 10
""11' _~ ---,,_.._-,-.-.
Agenda Item No. 16C17
July 26, 2005
Page 13 of 16
A~CO ....
...........
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Collier County
AMR Contract
AQuaMuter Workaheet 2" . 24" DomMtlc Service
(Strainer not included)
Options QTY 18" 20. 24"
AquaMaster ElectronIc Potable Cold Water Meter
Sensor with Grounding Rings for 4. and larger 1 $10,528.00 $11,742.64 $12,990.32
Electronic Dlsplav Unit. Choose Ona
$0.00 Intearal Transmitter, Horozontal DIsplay (1.5" - 24") $0.00 $0.00 $0.00
$0.00 Intearal Transmitter, Vertical DlsDlav (1.5" - 24") 1 $0.00 $0.00 $0.00
$236.32 Remote Display (Recommended for Pit Appllcations\ $0.00 $0.00 $0.00
Power SUDDIv . Choose One
$0.00 Battery Only 1 SO.OO $0.00 $0.00
$154.56 AC w Battery Backup (Not available w Horm. Display) SO.OO $0.00 $0.00
Potting Option $0.00 $0.00 $0.00
$36.40 IP68 Electronic Display Unit + Pottlna 1 $36.40 $36.40 $36.40
Cabla Length (Remote DlaPfliY Only) . Choose One $0.00 $0.00 $0.00
$34.72 30 Ft STT4001 $0.00 $0.00 $0.00
$69.44 65 Ft STT4oo1 $0.00 $0.00 $0.00
$956.48 500 Ft STT4009 $0.00 $0.00 $0.00
$1,094.24 650 Ft STT4010 $0.00 $0.00 $0.00
Connection
$0.00 ANSI 816.5 Class 150 Flanges (1.5- - 24" onlv) 1 $0.00 $0.00 $0.00
Cable Entries. Choose One
$0.00 20mm Plastic Glans - Cable Not Fitted or Potted* 1 $0.00 $0.00 $0.00
$0.00 1/2" NPT Cable Not Fitted or Potted $0.00 $0.00 $0.00
*Recommended for alllntearal Displav AoDllcations
Calibration Certificate. Choou One
$0.00 1 Point Standard - No Pressure Test 1 $0.00 $0.00 $0.00
$56.00 1 Point Standard - With Pressure Test $0.00 $0.00 $0.00
$40.32 3 Point - No Pressure Test $0.00 $0.00 $0.00
$76.72 3 Point - With Pressure Test $0.00 $0.00 $0.00
Communlcatllon ODtlons - Choose One
$0.00 Remote Port RS232C (AquaMaster S)* $0.00 $0.00 $0.00
$0.00 Pulse Output $0.00 $0.00 $0.00
$0.00 Encoder Output 1 $0.00 $0.00 $0.00
*Both options not available at the same time. Pulse output
is always provided. $0.00 $0.00 $0.00
Pans I Acc8dssories
$28.56 Battery (PIN 2560M 1542) $0.00 $0.00 $0.00
$285.60 Programming Lead (PIN MMGAWEB2000) $0.00 $0.00 $0.00
Total Meter Options $10,564.40 $11,779.04 $13,026.72
AMR ODtJons
50W-2 AMCO Encoder Remote ERT with Well Mount Beck
$87.49 Plate 1 $87.49 $87.49 $87.49
(Stralnar not Included) Total $10,651.89 $11,866.53 $13,114.21
Page 11
Agenda Item No. 16C17
July 26. 2005
Page 14 of 16
A:M:CO ....
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Collier Cou nty
AMR Contract
AauaMuter FSM WOIbhMt
(Does not Include 8tn!Ilner)
Options AqultM"r Electronic Potable CoId.Watar M..... QTY 3" 4" 8"
Sensor wIlt1 Grounding Rinas for 4" and lamer 1 $4.029.76 $4,095.28 $5,810.08
EIactronIc DleDllIV Unit . C~ One
$0.00 Integral TransmItI8r. Horozontal Display (1.5" . 24") $0.00 $0.00 $0.00
$0.00 Intearal Transmitter. Vertical DIsDI8Y (1.5".24") 1 $0.00 $0.00 $0.00
$0.00 Remote DJspI mmended for Pit Appllc8tlonsl $0.00 $0.00 $0.00
Power Supply. Chooee One
$0.00 Batterv Only 1 $0.00 $0.00 $0.00
$154.56 AC w Battery Backup (Not available w HOIOZ. Display) $0.00 $0.00 $0.00
Potting Option $0.00 $0.00 $0.00
$36.40 IPS8 Electronic Display Unit + Potting 1 $36.40 $38.40 $38.40
Cable I -- 'Remote DItIDfay Only) . C~ One $0.00 $0.00
$34.72 30 Ft S174OO1 $0.00 $0.00 $0.00
$69.44 65 Ft S17 4001 $0.00 $0.00 $0.00
$956.48 SOD Ft STT4OO9 $0.00 $0.00 $0.00
$1.094.24 6SO Ft STT4010 $0.00 $0.00 $0.00
Connection
$0.00 ANSI B16.5 Class 1SO Flanaes (1.5" - 24" onlY) 1 $0.00 $0.00 $0.00
Cable EntrIM . Chooee One
$0.00 20mm Plastic Glans. Cable Not Fitted or Potted" 1 $0.00 $0.00 $0.00
$0.00 1/2" NPT Cable Not FItl8d or Potted $0.00 $0.00 $0.00
20mm PIasttc Glans - Cable Fitted and Potted (For Remote
$198..24 Display Only) $0.00 $0.00 $0.00
MIL Connector (Sensor) + 16mm Plestlc gland (Tx)
$236.32 {Recommended for aU remote applications Includlna pits} $0.00 $0.00 $0.00
MIL ConnedDr (Sensor) + 19 way MIL Connector (TX)
$237.44 {Recommended for all remote applications Including pits} $0.00 $0.00 $0.00
"Recommended for alii ntaaral Dlsplav ADDllc8t1ons $0.00 $0.00 $0.00
Callbndlon Certlftcete . Chooee One
$0.00 1 Point Standard - No Pressure Teat 1 $0.00 $0.00 $0.00
$58.00 1 Point Standard - With Pressure Test $0.00 $0.00 $0.00
$40.32 3 Point. No Pressure Test $0.00 $0.00 $0.00
$76.72 3 Point. With Pressure Test $0.00 $0.00 $0.00
Communlcetllon ODtIona . Choou One
$0.00 Remote Port RS232C (AquaMastar S)" $0.00 $0.00 $0.00
$0.00 Pul8e Output $0.00 $0.00 $0.00
$0.00 Encoder OUtput 1 $0.00 $0.00 $0.00
"Both options not available at the same time. Pulse output Is
always provided. $0.00 $0.00 $0.00
Palttl Accedeeorl..
$28.56 Battery (pIN 2560M1542) $0.00 $0.00 $0.00
$285.60 Programming Leed (PIN MMGAWEB2000) $0.00 $0.00 $0.00
Total M.....Optlona $4,068.16 $4,131.88 $5,646.48
AMR Opt!ona ,"
$87.49 SOW-2 Pit ERT for AMCO Encoder 1 $87.49 $87.49 $87.49
Total $4,153.85 $4.219.17 $5,733.97
Strainer Not Included
Page 12
Agenda Item No. 16C17
July 26, 2005
Page 15 of 16
A~CO ....
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Collier County
AMR Contract
AquaMuter FSM Worbheet
fDoes not Include StJalner)
Options AouaMatar Electronic Potable Cold W..... M.... QTY S" 10" 12"
Sensor with Groundlna Rinas fOl' 4" and larger 1 $7,248.08 $10,507.84 $11,805.36
Electronic Dlaplay Unit. ChooH One
$0.00 Integral Transmitter, Horozontal Display (1.5" - 24") $0.00 $0.00 $0.00
$0.00 I Integral Transmitter, Vertical Display (1.5" - 24") 1 $0.00 $0.00 $0.00
$0.00 Remote DlsDlav (Recommended for Pit ADDIIcetIons) $0.00 $0.00 $0.00
Power SuDDlv - ChoolIe One
$0.00 Battery Only 1 $0.00 $0.00 $0.00
$154.56 AC w Batlerv Backup (Not available w Horoz. Display) $0.00 $0.00 $0.00
Potting OpUon $0.00 $0.00 $0.00
$36.40 IP6S Electronic Display Unit + Potting 1 $36.40 $36.40 $36.40
Cab" Lenath (Remote DlaDlav Onlvl . Chooee One $0.00 $0.00 $0.00
$34.72 30 Ft SlT 4001 $0.00 $0.00 $0.00
$69.44 65 Ft STT 4001 $0.00 $0.00 $0.00
$956.48 500 FtSTT4009 SO.OO $0.00 $0.00
$1,094.24 650 Ft STT4010 $0.00 $0.00 $0.00
COMeCtIon
$0.00 ANSI 816.5 Class 150 Flanaes (1.5" - 24" only) 1 $0.00 $0.00 $0.00
Cable Entries . Choose One
$0.00 20mm P1astlc Glans - Cable Not Fitted or Potted* 1 $0.00 $0.00 $0.00
$0.00 1/2" NPT Cable Not Fitted 01' Potted $0.00 $0.00 $0.00
20mm Plastic Glans - Cable Fitted and Potted (For Remote
$198.24 Display Only) SO.OO $0.00 $0.00
MIL Connector (Sensor) + 16mm Plastic gland (Tx)
$236.32 {Recommended for aU remote applications Including pits} $0.00 $0.00 $0.00
MIL ConnedDr' (Sensor) + 19 way MIL Connector (Tx)
$237.44 {Recommended for all remote applications Including pits} $0.00 $0.00 $0.00
*Recommended for alllntsaral D a $0.00 $0.00 $0.00
Calibration CartltlC11t8 . ChoolIe One
$0.00 1 Point Standard - No Pressure Test 1 $0.00 $0.00 $0.00
$56.00 1 Point Standard - With Pressure Test $0.00 $0.00 $0.00
$40.32 3 Point - No Pressure Test $0.00 $0.00 $0.00
$76.72 3 Point - With Pressure Test $0.00 SO.OO $0.00
Communlcatllon ODtIona . ChooM One
$0.00 Remote Port RS232C-CAquaMa&ter S)* SO.OO $0.00 $0.00
SO.OO Pulse Output $0.00 $0.00 $0.00
$0.00 Enaxler Output 1 $0.00 $0.00 $0.00
*Both options not available at the same time. Pulse output Is
always provided. $0.00 $0.00 $0.00
Parts / Accaduorlea
$28.56 Battery (PIN 2560M1542) $0.00 $0.00 $0,00
$285.60 Proarammlna Lead (PIN MMGAWE820001 $0.00 $0.00 $0.00
Total M",rOptlol1ll $7,284.48 $10,544.24 $11,841.78
AMR OptIons --
$87.49 50W -2 Pit ERT for AMCO Encoder 1 $87.49 $87.49 $87.49
Total $7,371.97 $10,631.73 $11,929.25
Strainer Not Included
Page 13
Agenda Item No. 16C17
July 26, 2005
Page 16 of 16
Al\IXCO ...
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Collier County RF Program Pricing
Supply Program (Per RFP # 00-3129 09.01-(0)
Table of Contents
Meters
II Itron AMR Components
III AquaMaster Electronic Meter Worksheet
IV Aqua Master Fire Service Electronic Meter Worksheet
EXECUTIVE SUMMARY
Agenda Item No. 16C18
July 26, 2005
Page 1 of 3
,-
Recommendation to authorize the County Manager to execute a budget amendment
moving funds from the Mandatory Trash Collection Fund Reserves to the Mandatory
Trash Collection Fund Operations for public outreach, education and advertising costs
associated. with the implementation of the new trash collections franchisee agreements.
Fiscal impact is $283,658.00 from Reserves in Fund (473).
OBJECTIVE: Authorization for the County Manager to execute a budget amendment for public
outreach, education and advertising costs associated with the implementation of the new
Mandatory Trash Collections franchisee agreements.
CONSIDERATION: On February 8, 2005 (Agenda item lOA), the Board of County
Commissioners approved new franchisee agreements for Waste Management Inc. of Florida and
Immokalee Disposal Company, Inc. for trash collections services in the unincOlporated area of
Collier County and the City of Marco Island.
-
There are several key drivers for the new contracts. One of the most significant is directly related
to the Board's approved Guiding Principles for its Integrated Solid Waste Management Plan,
which includes ')>reservation of landfill space" as a key consideration. Preservation of landfill
space is directly related to increased levels of recycling. The Board of County Commissioners
has recognized. the long-term value of recycling in both the commercial and residential
communities of Collier County. Increased recycling resulting from the mandatory non-residential
(commercial) recycling ordinance and from the use of a 64-gallon recycling cart by single family
curbside customers will significantly enhance the diversion of recyclable solid waste from the
landfill and have a recognizable impact on the preservation of the landfill space.
The residential solid waste flow (curbside disposal rate in tons), from single family curbside
customers is increasing every year. The estimated annual tonnage per cwbside customer is
estimated to be 1.503 tons for fiscal 2006. The actual annual tonnages for a curbside customer in
fiscal years 2003 and 2004 were 1.323 and 1.459, respectively.
A strong, energetic and proactive outreach program to educate the public is necessary to
optimize the benefits of recycling and the recycling cart. This outreach is necessary and needed
to make the public :fully aware of the trash collection service changes that will become effective
on October 1, 2005.
There are 24,000 curbside customers whose mailing and billing addresses are outside of the
County. These customers most likely will not be in Collier County when the new recycling carts
are delivered to their Collier residences in September. Homeowner Association requirements in
nearly all subdivisions provide that carts cannot be left curbside. In addition, carts that are left
curbside will invite pilfering, initiate citizen complaints and may create a safety hazard. Trash
carts may become missiles during high wind events. A specific outreach program for out-of-
county customers is proposed to mitigate and offset delivery issues for these 24,000 customers.
.-
A concurrent outreach and education program is proposed for the entire recycling cart program
that consists of 97,000 customers. First, this outreach program proposes three mailings of
literature and a specific print and television advertising strategy designed to educate and promote
the benefits of and the proper use of the recycling carts. The second part of this program is to
provide an information packet attached to each cart. The information packet will include a new
'. Aqenda Item No. 1l3C18
magnet, a copy of the SolId Waste Information Booklet and a "care and use or YOYtjlf~, 2005
brochure. Page 2 of 3
The following is a chart of proposed costs associated with the outreach and educating the public:
DESIGN
ADVERTISING
DESCRIPTION PRINTING POSTAGE TOTAL
1st direct mailing to Out-of-Countv billinll addresses (24 000 customers) $ 8,751 $ 8880 $ 17,631
2nd direct mailing to Out-of-County billinll addresses (24,000 customers) $ - $ 8,880 $ 8,880
I st mailing to the 97,000 curbside customers $ 46,351 $ 55,290 $ 101.641
2nd mailing to the 97,000 cwbside customers $ - S 55,290 S 55,290
3rd direct mailing to the 97,000 curbside customers $ - $ 55,290 $ 55,290
Print ($6,879) and Television ($43,097) advertisinll $ 49,976 $ - $ 49,976
Delivery of24,OOO carts to garage for Out-of-County customers
(S1.50/cart times 24,000 carts) $ - $ - $ 36,000
INFORMATION PACKETS (to be deUvered with each recycliDg
cart)
Printinll of malmets to be placed in the recvclinlt carts $ 11 500 $ - $ 11,500
Printin2 of Solid Waste Informational Booklet $ 30,000 $ - $ 30,000
Preparation & delivery of 97,000 Infonnation Packets $ - $ - $ 33,950
TOTAL COSTS $ 146,578 $ 183,630 $ 400,158
Postine in exis1in~ budl!et $ (25,000)
Waste Manlll!ement commitment in new contract $ (50,000)
Printine: of maenetll to be placed in reeycliDe cam $ (l1 ,500)
Printine: ofSoUd Waste Informational Booklet $ (30,000)
TOTAL NEEDED FOR BUDGET AMENDMENT $ 283,658
This represents an approximate cost of $4.00 per customer for the core cost components of the
public information and educational campaign.
FISCAL IMPACT: Total costs for the outreach, education and advertising for the customers of
the Mandatory Trash Collection program is $400,158. There is $25,000 budgeted in the postage
account from fund 473. Waste Management will provide $50,000 towards the education and
advertising campaign. The printing costs for the magnets and the Solid Waste Informational
Booklet have already been paid. Total amount needed from Mandatory Trash Collections
reserve, Fund (473) is $283,658. The funds for this program are not budgeted in the FY2oo5
budget, because the implementation date of the new contracts was moved from October I, 2006
to October 1, 2005 as a result of negotiations with the vendors as approved by Board action on
February 8, 2005 (Agenda item lOA).
GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated
with this item.
RECOMMENDATION: Authorization for the County Manager to execute a budget
amendment for education and advertising costs associated with the implementation of the
Mandatory Trash Collections franchisee agreements.
PREPARED BY: Teresa A. Riesen, Revenue Manager, Utility Billing and Customer Service
Department.
ItHI Number
Item Summery
MHtlng Dat.
Approved By
Inr~!l' Rieserl
P.ublk UtililiM
AgendlJ !lern No. 16C18
JUly 26, 2005
Page 3 of :3
COLLIER COUNTY
BOARD Of COUNTY COMMISSIOIiERS
16C1B
Recomrner.d.lbon to authori:ze the County Manager tfl .y.cute a bud9l!llt ame-ndmlnt
moving funds fram th" Mandltory Trash Collf'ctian FuM RehN.. to the M"rldatory Tra""
COllediOfl Fu,.,d OpQl'1ItiDnt. for crtiz&n outr.'UIor., education ill\d .d....rtising CO&t1I
<ll5sociated wilh Ihll'nlplamer,lallol) or the new tral:lh oollllctitm!l. fram;hi'seo8 agr811n18ntl;
F"'lcill imp.ct i, $283.65l:l.00 fr"m R"MIVa. in F\lr>d (<473).
1/26l2005 9 00:00 AM
Revenul tAilnllger
Dale
llhC6
T:'l'!20Q& 3~04 P'"
Dote
Approved By
John A. YonkMlI;y
PUblir.Utilitil!$
Utifi!yBi11i"DDfrlllclor
uses
7l1J'20Oi 3:11 Ptot
7.'11'20061:11 PM
Approved By
ThumlU; Whiltg
Public. UUliti~'
OpelltlonS Dllel:tor
D""
Public; UtiUtun Opr.rfltlOOlo
PublK Ofllitiil!5Admini,tr.,tiol\
1It2/Z90510:S'-API'I
Approved By
Margiel-lapkn
Publlr. Utilitios
Public lufonnatlttn CoordinllkH"
0."
D.te
Approved By
OllnifOftKirk
Public Utilitl('$
W_I., Reduclion .. Rl!'cyr.:Jing M;Jll/lglllr
s.olldWntt'
T/1212tOfi 11:34ll,M
111212006 11~n AM
Approved By
Q. GIIOfgl! Yilmu
PUblic ~lmillelti
Solid Wa'5.tll' Dirl!'f:lor
D...
SoltdWtiile
O;ttfl
Approved By
J,Sfnl!" w. OIl'Lonv
PubllcUtill1ies
Public UlllElle,; AdIT1lnll.lr.tar
Publi" Utllltlu Adtnlnilmatlorl
7112/200612:36 PM
U13,'20il:5 11:03 AM
Apprttved By
OMS Coordhutor
Countt' U-'ll;tV"r'/t omc."
Admint.u.t1ve Asslstft'/(
Dat",
Otfleeo' "'.nagfllTlent & BUdg~
0aI.
Approved By
RiU\dyG''"..l....lr:l
COUl'lty N.nagt"r's OtfiL-e
Nanagomtl'IllJ8uclgel Anftlys.t
Offlcot 01 M.illl.",ernent & B~tdl1f'(
n13IZ00i-4:0eJlM
lJ16~ooa ':11 W
Approved By
Mich""lliimv"awski
COUlltj' Mall,l'ilt'r." Oflk-e
Mal'\llgnment &. .8Udght DirllctOJ'
DIrk-lit of NlInllg'tltnenl & BudlJd
0.'"
0aI.
Approved By
J\l.m\'>s V. Mudd
SQllru af ClRillty
ComInl5$.fOnll'r5
COUfItyMctlll'llJM
COUllly Muugn's Olficoll'
TI15ltllOli 3:08 PM
Agenda Item No. 1601
July 26, 2005
Page 1 of 3
/--
EXECUTIVE SUMMARY
Recommendation to award Bid #05-3840 to multiple vendors for purchase
and delivery of arts and crafts supplies for Parks and Recreation programs
at an estimated annual expenditure of $50,000
Oblectlve: To enhance Parks and Recreation summer camp, preschool and after school
programs through the provision of arts and crafts activities.
Considerations: Collier County purchases arts and crafts supplies throughout the year
for various recreation programs. Invitations to bid for contracted vendor status for
purchase and delivery of arts and crafts supplies were sent to 19 bidders on April 19,
2005. Three bidders returned proposals by the due date. Staff has reviewed the bids and,
based.on catalog offerings, is recommending the bid be awarded to S&S Recreation, AFP
School Supply, and Dick Blick Co. as vendors of arts and crafts supplies. The award to
multiple vendors allows for flexibility based on product line and availability. A bid
tabulation sheet is attached for review.
-
Fiscal ImDact: Funds are included in the FY 05 budget in various budgets within the
MSm General Fund (111) and Golden Gate Community Center Fund (130) for these
purchases. Expenses are offset by revenue received from programs.
Growth Manaaement ImDact: No Growth Management Impact is associated with
this action.
Recommendation: That the Board of County Commissioners awards Bid #05-3850 to
multiple vendors for purchase and delivery of arts and crafts supplies.
PreDared bY: Amanda Townsend, Operations Analyst, Parks and Recreation
-
Agenda Item No. 1601
July 26. 2005
Page 2 of 3
COLLIER COUNTY
BOARO OF COUNTY COMMISSIONERS
Item Number
Item Summ.ry
1601
Recommendation to award Bid #05-3640 to multiple vendors for purchase and delivery of
arts and crafts supplies far Parks and Recrea1fQ~' programs at an estimated annual
expenditure of 550.000
7126/20059:00.00 AM
Meeting Date
Approved By
Kathy Carpenter Executive Secretary Date
Public Servict!ls Public Services Admin_ &1111200510:54 AM
Approved By
Murdo Smith Beach nnd Water Superintendent 0",.
Publi<; Services Parks and Recr4!l'ation 6/13/2005 1:2! PM
Approved By
8renda Brilhart Purchasing Agent 001.
Administrotive Services Purchasing 6(141'20052:23 PM
Approved By
Mike Hauer Acquisition Manager Dot.
Administrative Services. Purchasing 6/14/20053:09 PM
Approved By
MarlH Ramsey Public Services Administrator Date
Public S~rvice.s Publlc Service_I: Admin. 6/14/2005 4:U PM
Approved By
Steve Carnell Purchas;inglGeneral SVC5 Director Date
Adn,inis.trative Services Purchs'Iing 6/111200510:18 AM
Approved By
OMS Coordinator Administrative Assistant DIrt.
County Manager's Office Office of MlInegement & Budget 7/6/20059:32 AM
Approved By
Gary A. Vincent Management & BudgC!t Analyst Dot.
County MlIn;tget's Office Offjc~1 of Managenmnt & Budget 7/1112005 4:53 PM
Approved By
Michael Smykows.kl Management & Budget DirKlor Dot.
County Manager's Orrice OHj~ of MlInagerneni & Budget 71111200511:.44 AM
Approved By
James V. Mudd County MUllager DOltu
Board of County
Commissioners. County Milnager's Office 1(111200511:55 AM
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Agenda Item No. 1602
July 26, 2005
Page 1 of 23
-
EXECUTIVE SUMMARY
Recommendation to approve the after-the-fact submittal of a State of Florida
Department of Transportation Grant to the Collier County Metropolitan Planning
Organization for the 2005 Transportation Enhancement Program to begin the
Restoration of Observation Car #6602 at the Naples Depot Transportation Museum
in the amount of 5243,400
OBJECTIVE: To receive after-the-fact approval from the Board of County
Commissioners (Bee) to submit a State of Florida Department of Transportation Grant
to the Collier County Metropolitan Planning Organization for the 2005 Transportation
Enhancement Program to begin the Restoration of Observation Car #6602 at the Naples
Depot Transportation Museum in the amount of $243,400.
CONSIDERATIONS: On June 17, 2005, the grant application was signed by the
County Manager and submitted to the Collier County Metropolitan Planning
Organization. The application deadline was June 20, 2005 and due to the late notice
regarding funding and difficulty in gathering necessmy cost information, the application
could not be submitted for Board of County Commissioners approval prior to the June
20th deadline.
--~.
In addition to encouraging the development of transportation enhancement activities for
pedestrians and bicycles, this grant also provides funding for historic preservation when
related to transportation and for transportation museums. As such, it is an appropriate fit
for the restoration activities planned at the newly acquired Naples Depot Museum.
Funding for this grant cycle is programmed for Fiscal Year 2010/2011. Thus, if the grant
is approved, Collier County would have the option of advancing the grant amount and
receive reimbursement from the Florida Department of Transportation in 201012011.
The grant does not require a funding match, however, a total of approximately
$1,827,000 has been allocated to the Naples Depot project in the Museum's budget for
Fiscal Years 2005 and 2006, and includes $550,000 to be requested in Fiscal Year 2007
and $600,000 in Fiscal Year 2008 as part of the Museum's five year capital build-out
plan.
FISCAL IMPACT: The total cost of this project is $2,070,000, with $243,400 requested
in grant funding and $1,827,000 as the County or local match portion. Funding for the
County's match would be drawn from the Museum's budget, derived from an annual
allocation from the Tourist Development Tax and supplementary funding provided from
the County General Fund.
GROWTH MANAGEMENT IMP ACT: There is no impact on the Growth
Management Plan.
-
Agenda Item No. 1602
July 26, 2005
Page 2 of 23
LEGAL CONSIDERATION: If successful, a grant agreement and/or maintenance
agreement with the Florida Department of Transportation will need to be reviewed by the
County Attorney's Office and approved by the Board of County Commissioners.
RECOMMENDATION: That the Board of County Commissioners approve the after-
the-fact submittal ofa State of Florida Department of Transportation Grant to the Collier
County Metropolitan Planning Organization for the 2005 Transportation Enhancement
Program to begin the Restoration of Observation Car #6602 at the Naples Depot
Transportation Museum in the amount of $243,400.
PREPARED BY: Ron Jamro, Museum Director
Agenda Item No. 16D2
July 26, 2005
Page 3 of 23
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date
16D2
Recommendation to approve the after.the~fact submit1al of a Slate of Florida Department
of Transportation Grant to the Collier County rulelropolitan Planning Organization fOf the
2005 Transporlatiofl Enhlilncement Program 10 begin the Restoration of Observation Car
#6602 at the Nap!es Depot Transportation Museum in the amount of $243,400
71261200590000 AM
Item Number
Item Summary
Approved By
Marlene J. Foard
Grants Coordinator
Dale
Admini:stralivl:!' Servic~~
Administratin Sl1rviees Admin.
&/30120054:46 PM
Approved By
Ron Jamro
Museum Dirllcfor
Da1:e
Public Services
NU59um
6130f200S .&:6S PM
Approved By
MMta Rumsey
Public Services Adminisotrator
1M.
Public Services
Public Services Admin.
7(11/20'053:57 PM
Approved By
OMS Coordinator
Admlnis.tratiye A.uIstant
0...
County Matmgl~t's Offit:(~
Office of Managef1umt & Budget
7(12/20059:1-( AM
Approved By
Gary A. Vincent
Management & Budg.t AlloJy:.t
0.,.
County Manager'.. Otrlr.e
OfficC' ot Managttnunt & Budg~
71121200510:24 AM
Approved By
Mi:dm~~1 Smykow.!Ski
MUU<lgcment &. Bud~~t Director
Date
County Manager's Office
Offic:e of Managuml!lnt & Budget
711212005 4:~ PM
Approved By
James V. Mudd
County Manager
Date
Board Df County
Commissioners
County Manager'$ Office
1/1212005 5:53 PM
-
-
..
Administrative ServiceS Division
Collier County Government Center
3301 East Tamiallli Trail
Naples, Flori(ja 34112
marlenefoord(4~coJliel'2ov .net
(239) 774--S9i71
(239) 774-8720 (fax)
Agenda Item No. 16D2
July 26, 2005
Page 4 of 23
cc:
LeoOchs~. DeputyCQunty Manager
Ron Jamro. Director, I\.1useum
CounlMlllager .
~. "I f~date)
,
TO: Jim Mudd, County Manager
FROM:
Marlene Foord, AICP, Grant Coordinator
After-the-Fact Approval by the Bee is
required at the July 26. 2005 BCe
meetillg.
DATE:
June 15) 2005
SUBJECT: County Manager ApprQval of Transportation Enhancement Program Application for
Naples Depot Transportation Museum
Attached is a.grant application for the MFO's Transportation EnhancemenLProgram for the Naples
Depot Transportation Museum. Late notice .of available funding, and difficulty ingatberlngnecessary
cost.i11formatiol1has delayed the development oftbegrant appJication,and asa result, has made it
irnpossibletd meettbe BCCdeadline to get approval prior to the June 20th grant application deadline.
Therefore, your approval is reque,sted. Ifapproved,tile application will b~,submitted via executive
sununaryforthe..Tuly 26, 2005:gCC foraft~r-the..fact approval.
Your signature is required on Page 3 of the Application.
Once you have reviewed and signed the applicatiou, please return the original along with a copy
of this memo with your signature and rlate of signature in the box above.
A full originalofthe grant application is attached.
PleaseletUleknow if you have any questions.
Agenda Item No. 1602
July 26,2005
Page 5 of 23
STATE OF FLORIDA OEPARTMENT OF TRANSPORTATION
SAMPLE APPLICATION FOR TRANSPORTATION
ENHANCEMENT PROJECTS
2/2003
Page1Of3
Project Title: Naples Depot Transportation Museum: Restoration of Observation Car #6602
Project Sponsor (municipal, county, state, or federal agency, or tribal council):
Collier County Board of County Commissioners! Collier County Museum
Contact Ron Jamro
Title Museum Director
Address Collier County Museum. County Government Center. 3301 Tamiami Trail East. Na~les FL
34112
Phone (239) 774-8723
FAX (239) 774-8580
Priority (relative to other applications submitted by the Project Sponsor). N1A
Name of Applicant (If other than Project Sponsor): N/A
1. Qualifying Enhancement Activities:
Check the enhancement activity that the proposed project will address. (NOTE: Checking all EKrtivities
possible d~s not ensure or increaseefigibillty . Each activity checked must meetallcrlterla listed for
_that activity in Appendix A of FOOT Procedure #525..030-300, Transportation Enhancement Projects).
X--
x
X--
_-~~X,_
-
Provision of facilities for pedestrians and bicycles
The provision of safety and educational activities for pedestrian and bicyclists
Acquisition of scenic easements and scenic or historic sites
Scenic or historic highway programs, (including the provision of tourist and welcome center
facilities)
Landscaping and other scenic beautification
Historic preselVation
Rehabilitation of historic transportation buildings, structures or facilities (including. hi$toric railroad
facilities and canals)
PreselVation of abandoned railway corridors (including the conversion and use thereof for
pedestrian or bicycle trails)
Control and removal of outdoor advertising
Archaeological planning and research
Environmental mitigation to address water pollution due to highway runoff or reduce vehicle-
caused wildlife mortality while maintaining habitat connectivity
Establishment of transportation museums
2. Project Description:
/~"lJse additional sheets as necessary to respond to the following:
(a) What type of work is being proposed? (Check all that apply)
Planning Activities
Project Development and Environmental Studies
Engineering and Final Plans Preparation Wort<:
Right of Way Acquisition
Construction
Agenda Item No. 16D2
July 26,2005
Page 6 '6~~03
Page 2 of 3
x
Construction Engineering and Inspection Activities
Describe how the proposed project is related to the intermodal transportation system by either
function, proximity or impact. (One or more may apply).
Where is the project located (and what are the termini, if appropriate)? Include location map.
Summarize any special characteristics of project Provide typical section drawings for
appropriate projects.
Describe the project's existing right of way ownerships. This description shall identify when the
right of way was acquired and how ownership is documented (I.e. plats, deeds, prescriptions,
certified surveys).
Describe any proposed right of way acquisition, including expected matching fund source,
limitations on fund use or availability, and who will acquire and retain ownership of proposed right
of way.
(g) Describe any related project work phases that are already complete or currently underway.
(h) Other specific project information that should be considered.
3. Project Implementation Information:
Attach documentation as exhibits to this application.
(a)
Describe the proposed method of performing (Le. contract or in-house) and administering (i.e.
local or state) each work phase of the project. If it is proposed that the project be administered
by a govemmental entity other than the Department of Transportation, the agency must be
certified to administer Federal Aid projects in accordance with the department's Local Agency
Program Manusl (topic no. 525-010-300).
Describe any public (and private, if applicable) support of the proposed project. (Examples
include: written endorsement, formal declaration, resolution, financial donations or other
appropriate means).
Describe the proposed ownership and maintenance responsibilities for the project when it is
completed.
Describe source of matching funds and any restrictions on availability.
Other specific implementation information that should be considered.
(b)
(c)
(d)
(e)
Agenda Item No. 16D2
July 26,2005
Page 7 o~:ao3
Page3of3
Project Cost:
What is the total estimated cost of the work requested to be funded as an enhancement project through
this application?
Right of Way Acquisition.
$
$
$
$
Planning Activities.
Project Development and Environmental Studies.
Engineering and Final Plans Preparation Work.
Construction.
$ 243.400
Construction Engineering and Inspection Activities.
$
$
Other. (Describe)
TOTAL:
$ 243.400
How will the project be funded?
FD01:.EnhancementFunds$243.400 + Local$1.827.0oo :: Total $2.070.400
FDOT Enhancement Funds 12% + Local 88%= 100%
CERTIFICATION OF PROJECT SPONSOR
I hereby certify that the proposed project herein described is supported by ,
(municipal, county, state or federal agency, or tribal council)
and that said entity will: (1) provide any required funding match; (2) enter into a maintenance agreement with
.the Florida Department of Transportation; (3) complYwlth the Federal Uniform Relocation Assistance and
Acquisition Policies Act for any Right of Way actions required for the project, and (4) support other actions
necessary to fully implement the proposed project. I further certify that the estimated costs included herein are
reasonable and understand that significant increases in these costs could cause the project to be removed from
the Florida Department of Transportation work program.
Signature
Name (please type or print)
Title
Date
Agenda Item No. 1602
July 26, 2005
Page 8 of 23
Project description:
In April 2005, Collier County Government officially accepted
responsibility for the restoration, operation, management and
maintenance of the historic Naples Railroad Depot as a fourth branch
facility of the Collier County Museum system. Constructed in 1927 by
the Seaboard Air Line Railroad, the Naples Depot is one of only a
handful of surviving railroad stations on the west coast of Florida
built in the Spanish or Mediterranean revival style. It was added to
the National Register of Historic Places in 1974.
The Depot is prominently located in downtown Naples along US 41
(the Tamiami Trail) at 1051 Fifth Avenue South. It consists of
approximately 8,000 square feet, much of which has been
dramatically altered over time with significant private resources and
modified into a series of meeting rooms and modernized rental office
spaces. Three pieces of vintage railroad rolling stock - a 1947
observation car, caboose and baggage car - were also added to the
facility in the 1970S to reflect its railroad and transportation heritage.
In May 2005, shortly after acquisition, Collier County government
appropriated $475,000 to begin restoration work on the Naples
Depot itself. Supplementary funding was provided by the County's
Facilities Management Department to repair and paint the exterior of
the building and to replace existing landscape materials with native
Florida plants for greater historical accuracy and improved water
conservation. An additional $102,000 was provided through the
County Museum's budget to develop and install preview exhibits
focusing on the Depot's history and an overview of future exhibits
that will be devoted to transportation in Southwest Florida. An
additional $50,000 has been allocated to building restoration in the
County Museum's FY2006 budget, with a further $50,000 to expand
the permanent exhibits, and $120,000 for staffing and maintenance.
The project will continue over the County's next two budget cycles
with $550,000 identified in FY2007 for building interior restoration,
and $600,000 in FY 2008 to complete development and installation
of permanent exhibits.
Future exhibits and interpretive displays will focus on Southwest
Florida's railroading roots and examine in detail, how transportation
Agenda Item No. 1602
July 26, 2005
Page 9 of 23
and technology shaped the growth and development of Naples and
Collier County - from Calusa and Seminole Indian canoes, to pioneer
boats and horse buggies, to Barron Collier's building of the Tamiami
Trail, to World War II fighter pilots and present dayjetIiners. Related
programs and changing displays will also provide expanded and
diversified educational and recreational opportunities for families
and school groups, enhance Naples' increasing array of tourist
attractions, and contribute to the City's revitalization plans for the
downtown area along the historic Tamiami Trail.
Restoration of the Depot itself is currently underway and several of
the baggage, freight and waiting rooms have already been returned to
tIleir original 1927 appearance. The restored south portico and ticket
office will also function as a visitor's information and welcome center,
a future terminus for bus tours of the City's historic. district, and a
gateway for tourists to begin their exploration of both downtown
Naples and the companion museums in the County's Museum
system.
.- Extensive rebuilding. and restoration .ofthe Depot's collection of
rolling stock - particularly observation car #6602 - remains a high
priority and will add considerable value and interest to the visitor
experience. Built for the Seaboard AirLine Railwayin 1947 by the
Edward G. Budd Manufacturing Company in Troy, Michigan, the
stainless steel observation-lounge car was one of six assigned to the
Seaboard's legendary Silver Meteor train with departures from New
York to both the east and west coasts of Florida. The car survived the
merger between the Seaboard Air Line and Atlantic Coast Line
Railroad in 1967 and served with Amtrak until its retirement in the
late 1970s.
Although suffering from prolonged exposure to the.elements, the
historically valuable car is in fair condition and is appropriate for
cosmetic restoration as a static "walk-through" Museum display.
Original parts will be refinished and reused and where necessary, new
parts will be fabricated, cast or machined to closely replicate original
materials and construction techniques. The car's exterior siding and
steel skirting will need extensive cleaning, polishing and stabilization,
roof repairs, sandblasting and repainting .of the undercarriage and
truck assemblies, repairs to original doors, hardware and trim,
--
Agenda Item No. 1602
July 26, 2005
Page 10 of 23
restoration of period light fixtures, an overhaul of the electrical and
air conditioning systems, and replacement of missing window glass
and rubber seals. Paint samples, period photographs and documents
will also be used to establish historically correct colors, markings and
lettering.
In its present condition, the car's interior does not reflect the
appearance it had in the 1940S and 50S and will need extensive
refinishing, having been reconfigured and redecorated by Amtrak in
vivid "art deco" colors in April 1970. Some of the original seats and
tables are intact or in storage and will be repaired or replicated,
reupholstered with period appropriate fabrics, and re-installed. Metal
storage cabinets, locks, fittings, window blinds, ceiling lamps, flooring
and wall finishes in the interior show extensive wear and
deterioration and will be repaired or replaced as necessary with
appropriate materials and workmanship. All asbestos will be removed
in the initial phase of restoration.
",,#"""'--
How the observation car was once used and maintained will also be
examined and explained to visitors through the use of all-weather
interpretive signs mounted on the loading dock and entryway and will
lead viewers to small, supporting side exhibits placed throughout the
car.
The result will be an historically accurate representation of Seaboard
Air Line Railway passenger observation car at the height of its service
on the run to Southwest Florida in the 1950S.
Project implementation:
The proposed restoration, interpretive and adaptive reuse plan for the
Naples Depot and observation car #6602 will be administered by
Collier County Government, working directly through the Collier
County Museum and the County Facilities Management Department.
Upwards of $800,000 in private funding support has been provided
for the maintenance, upkeep and periodic cosmetic improvement to
Agenda Item No. 16D2
July 26, 2005
Page 11 of 23
the Depot and its rolling stock through a not-for-profit group,
Southwest Heritage, Inc., from 1975 to 2005.
As a museum piece~ normal maintenance, cleaning and repair to the
Depot's observation car and its exhibits will be performed on a
regular schedule by qualified County Museum staff and Facilities
Management personnel. All repair and maintenance work will be
performed under the direction of the Museum's chief Curator of
Collections and monitored to ensure that all materials and
workmanship are of like kind to the original used for the construction
of the car.
-
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Agenda Item No. 1602
Agenda Item No. 1602
Agenda Item No. 1602
July 26.2005
Page 16 of 23
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Agenda Item No. 1602
July 26, 2005
Page 19 of 23
Figure 3: preview exhibition, May 2005
Figure 4: preview exhibition, May 2005
_.
Agenda Item No. 1602
July 26. 2005
Page 20 of 23
Figure 1: soutb side, ApriJ 2005
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Agenda ltem No. 16D2
July 26, 2005
Page 22 of 23
Figure 3: east side
Figure 4: southeast side
Agenda Item No. 1602
July 26, 2005
Page 23 of 23
Figure 7: club car interior
Figure 8: club car food service area
Agenda Item No. 16D3
July 26, 2005
Page 1 of 2
---
EXECUTIVES~Y
Recommendation to accept a Let's Talk About It: Jewish Literature grant from
the American Library Association for a series of book discussion programs for
$1,500.
OBJECTIVE: To receive approval of a Let's Talk About It: Jewish Literature grant from the
American Library Association for a series of book discussion programs for $1,500.
CONSIDERATIONS: The Board of County Commissioners approved submittal of the grant
application on March 22, 2005. This grant program offers a unique opportunity to present a discussion
series that integrates the exploration of Jewish culture with the exploration of literature. The County
was notified on June 10,2005 that the American Library Association (ALA) awarded the grant to the
Collier County Library.
The grant is set by the ALA at $1,500 and reflects the total cost of the project. No matching funds are
required. These funds will pay for travel to required training, discussion materials, and for an
honorarium for the local scholar who will lead the discussions. The grant is for one year.
To meet the July 8, 2005 deadline for acceptance of the grant, Marilyn Matthes, Library Director
signed and returned the acceptance form on behalf of Collier County.
,-
FISCAL IMPACT: Grant funds in the amount of $1,500 will be received by Collier County in the
Library Trust Fund (612). No matching funds are required. A budget amendment is needed to make the
funds available for project expenses.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: To ratifY acceptance of the Let's Talk About It: Jewish Literature grant
from the American Library Association for a series of book discussion programs for $1,500 and to
approve a budget amendment needed to expend the funds.
Prepared by Marilyn Matthes, Library Director.
,,,..........
Agenda Item No. '6DJ
July 26, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date
16D3
Recommendation to accept a Let's Talk About It; Jewish Literature grant from the
American Library Association tor il series of book discussion programs for $1 ,500
7!26;2005 9:00:00 AM
Item Number
Item Summary
Prepared By
Date
Marilyn M<ltthes
Library A!>si~tunt Diw(:tor
7/1/2005 4;21:5ll PM
Public Servic~s.
library
Approved By
MlIrilyn Matthes
library ASliistant Director
Dnt!J
Puhlic S4t,vi(:I!!~
Library
7/1120054:27 PM
Approved By
Marlene J, Foord
Grants Coordinator
Date
Administrative Services
Admini$trative Services. Admm.
7/5/20059:00 AM
Approved By
Marla Rams.ey
Public Services Administrator
Date
Puhlic Sm....iccs
Public: Service.. A_imin.
1/11i2005 ....:13 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
county Manager's Office>
Office of Manag~mel1t & Budget
7.r12/2005 9:1! AM
Approved By
Giny A. VIIt(:ttnt
MUflagmm!ollt"" Budget At".lySl
OIJtI~
County Manager's Office
Office of Management & Budget
7/12/2006 2:~5 PM
Approved By
Mlchoel Smykowski
Mani1gement & Budget Director
DatI!'
County Manager's Office
01fice of M,ltlUlJlNnent & Budget
7/13120055:18 PM
Approved By
James V. Mudd
County Manager
Date
Board or County
Commissionll"rs.
County Manager's Office
7/1.4120052:23 PM
Agenda Item No. 1604
July 26, 2005
Page 1 of 7
,-
EXECUTIVE SUMMARY
Recommendation to apply to the Florida Developmental Disabilities
Council, Inc. for an Inclusive Summer Recreation Grant to fund training of
camp counselors for children with special needs in an amount not to
exceed $100,000
OBJECTIVE: To enhance the Parks and Recreation Summer Camp programming by
recruiting and training camp counselors and mentors who will work closely with children
who have developmental disabilities to make it possible for such children to participate in
regular camp programs.
CONSIDERATION: The United States Department of Health and Human services has
appropriated grant funds that are locally administered in Florida by the Florida
Developmental Disabilities Council, Inc. to make it possible for school age children with
developmental disabilities to participate in the same summer recreation programs as their
peers. This grant will recruit and train summer camp staff on how to serve children with
developmental disabilities in an inclusive setting. Additionally, funding will be provided
for 50 students (5 to 18 years old) with disabilities to attend the summer camp programs
participating in the project to provide "hands on" inclusive training for the summer camp
staff.
".-.
The goal of the grant program is to train at least 100 summer camp staff members. Parks
and Recreation can train over 30 permanent staff members and over 130 summer
personnel for its program, and will offer the training for a fee to outside service providers
as well. Because 6000 children with developmental disabilities live in Collier County,
staff expects that all of the 50 available scholarships for students with disabilities to
attend summer camp can be awarded. Total Parks and Recreation summer camp
attendance exceeded 2000 children in 2005.
The term of the grant is 15 months and funding requests may not exceed $100,000.
Contracts may be renewed for up to two subsequent twelve-month periods if the grantee
satisfies all the terms and conditions of the initial grant. A match of 33% is required and
can be satisfied by in-kind contributions or cash match from the grantee.
FISCAL IMPACT: If awarded, up to $100,000 in federal funds will be received by
Collier County and the local match will not exceed $33,333. Match is available within the
proposed budgets of various costs centers within the Parks and Recreation budget for FY
06.
GROWTH MANAGEMENT IMPACT: No growth management impact is associated
with this action.
,.-.
RECOMMENDATION: That the Board of County Commissioners authorizes submittal
of a grant to the Florida Developmental Disabilities Council, Inc. for an Inclusive
Agenda Item No. 1604
July 26, 2005
Page 2 of 7
--
Summer Recreation Grant to fund training of camp counselors for children with special
needs in an amount not to exceed $100,000.
PREPARED BY: Amanda Townsend, Operations Analyst, Parks and Recreation
,.-.
r-
Agenda Item No. 16D4
July 26. 2005
Page 3 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
,6D4
Me.tlng Date
Recommendation to apply to the Florida Developmental Disabilities Council. Inc, for an
lncluatve Summer Recreation Grant to fund training of camp counselors for children wi1h
special needs In an amount not to exceed $100,000,
7/26/20059:00.00 AM
Approved By
Kathy Carpenter
Executive SecA:tary
Date
Public Services.
Puhlic ServIces Admin.
7/11/20053:13 PM
Approved By
WolIyne SOYltr
Dirl~c1:o'-
Out.
Public Services
Park$. and Recreation
7/1112005 4.:38 PN
Approved By
Marlene J. Foard
Grants Coordinator
Oat.
Adminiatrutive ServiclHi
Administrahve SeNices Admin.
7/11;20064.:49 PM
Approved By
Marla Ramsey
Publtc Servic.es Admini.strator
Oat.
Pu blie Services
Public Services Admin.
7112120061:.6 PM
Approved By
OMB Coordinator
Admini5tratlve Anistant
Date
County Manager'$ Offic"
Office of MOllogement & Budget
7113/200611:15 AM
Approved By
Gary A. Vineent
Mal1agement & Budget AnOllyst
Date
County Manager's Office
Office of MliIna4lement & Budget
7115'l005 1t1:16 AM
Approved By
Michael Smykow$ki
Man..gerrl~'"t & Budget Oiml:to,
Dat.
County Manager's Office
Office of Man.gement & Budget
1'151200511:2:2 AM
Approved By
James V. Mudd
County Manager
Dat.
BO;lI'd of C<lunty
Commissioners
County Manager. Office
7/15120051 :15 PM
RFP # 2005-CD-2S00
Agenda Item No. 1604
July 26, 2005
Page 4 of 7
FLORIDA DEVELOPMENTAL DISABILITIES COUNCIL, INC.
REQUEST FOR PROPOSAL
ACKNOWLEDGMENT
SUBMIT TO:
FLORIDA DEVELOPMENTAL DISABILITIES COUNCIL, INC. (FDDC)
ATTN:CFO
124 MARRIOTT DRIVE, SUITE 203
TALLAHASSEE, FL 32301
NfGOTIATION NUMBER:
RFP Number 200S-CD-2S00
PAGE 1 OF 27
NEGOTIATIONS WILL BE HELD THE WEEK OF AND MAY NOT BE WITHDRAWN
WITHIN 60 DAYS AFTER SUCH DATE AND TIME.
RELEASE DATE: April 29, 2005 TITLE: Inclusive Summer Recreation
VENDOR NAME: Oilli.ec 0:U1ty Pat:ks & ~
VENDOR MAILING ADDRESS: 33X) Salta R:!Iri-A.... B::11leI7ard
CITY. STATE - ZIP: N:lp1as, .F1.cx':i&. 34ll~
AREA CODE: I 239 PHONE NUMBER: !~
I CERTIFY that this negotiation is made without prior understanding, agreement, or
connection with any corporation, firm, or person submitting an offer for the same
material, supplies, equipment, or services, and is in all respects fair and without collusion
or fraud. I agree to abide by all conditions of this negotiation and certify that I am
authorized to sign this response and that the offer is in compliance with all requirements
of the Request for Proposal, induding but not limited to, certification requirements. In
conducting negotiations with an agency for the FDDC, respondent offers and agrees that
if this negotiation is accepted, the respondent will convey, sell, assign or transfer to the
FDDC all rights, title, and interest in and to all causes of action it may now or hereafter I
acquire under the anti-trust laws of the United States and the FDDC for price fixing
relating to the particular commodities or services purchaSed or acquired by the FDDC.
At the FDDC 's discretion, such assignment shall be made and become effective at the
time the purchasing agency tenders final payment to the respondent.
AUTHORIZED SIGNATURE:
(MANUAL)
AUTHORIZED SIGNATURE TITLE: Cl1ail:rn:I'l, B:a.t:O ct 0::U1ty O::rnni.asi.ale
(TYPED)
-'-10 .. 10 fOl'lD a 1"&1
.......... CUB
~~^ P.rJ~..--
..V"'.....to..-- Q..4- A~
III:
Agenda Item No. 1604
July 26, 2005
Page 5 of 7
RFP # 2005-CD-2500
Attachment I
roDC REOUIRED CER TIFICA TIONS
Acceptance of Contract Terms and Conditions:
I hereby certify that should my agency be awarded this contract. it will comply with all the terms and
conditions specified in the RFP and contained in the standard contracl attached {attachment VII}.
Signature of Authorized Official:
71~1a5
Date:
Statement of No Involvement
I hereby certify thaI my agency had no prior involvement in performing a feasibility study of the
implementation of the of the subject contract. in the drafting of the RFP, or in developing the subject study.
Signature of Authorized Official:
Date: ~
Conflict of Interest Statement (Non-collusioD)
I hereby certify. thaI all persons, companies or parties interested in the proposal as principals are named
therein. thaI the proposal is made without collusion with any other person. persons, company or parties
submitting a proposal; that it is in all respect made in good faith; and as the signer of the proposal, [have full
authority 10 legally bind the offerors to the provisions of this proposal.
Signature of Authorized Official:
Date:~
NOTE: An authorized official is defined as an officer of the offeror's organization who has legal authority to
bind the offeror to the provisions of the proposal. This is usually the president, chairman of the board, or owner
of the entity. A document establishing delegated authority must be included with the proposal if signed by
anyone other than the president. chainnan of the board. or owner.
j~
...,...... &III
I
\-
If:
Approncl u to form &I legallJutf.i.ei&/l.'}~'
......-.-: '" '
. lb~ ~~-
'- .AlIIltlatc.an, AtiWMJ
Agenda Item No. 1604
July 26, 2005
Page 6 of?
RFP # 2005-CD-2500
Attachment III I
CERTIFICATION REGARDING LOBBYING
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERA TNE
AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned. to any
person for influencing or attempting to influence an officer or an 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 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, conanuation,
renewal. amendment, or modification of any federal contract, grant, loan. or cooperative agreement.
2. 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 contract. grant. loan, or cooperative agreement, the undersigned shall complete and submit
Standard Fonn-LLL, "Disclosure Fonn to report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification 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 subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
Signature:
Date: ~1C5
Name of Authorized Individual:
FmJ W. (Lyle
Application or Contract Number:
~ t2:X:6-a>-an
Name of Organization:
cr.ll i E!(' 0:u1ty
Address of Organization:
Aftill'
DWIIIrr I.......
3:m 'D:I'aiar.i ~ail E., ~ Flcr.ida 34112
BY:
AHw-1"la'-~-1
~~ B ~------
Aalbtant County Attorney
Agenda Item No. 1604
July 26, 2005
Page 7 of 7
RFP # 2005-CD-2500
ATTACHMENT IV
CERTIFICATION REGARDING
DEBARMENT. SUSPENSION. INELIGIBILITY AND VOLUNTARY EXCLUSION
CONTRACT~SUBCONTRACTS
This certificalion is required by the regulations implementing Executive Order 12549. Debarment and Suspension,
signed February 18, 1986. The guidelines were published in the May 29. 1987 Federal Register (52 Fed. Reg.. pages
20360-20369).
INSTRUCTIONS
I. Each provider whose contract/subcontract equals or exceeds S25.0oo in fedeTal monies must sign this
certification priOT to execution of each contTllct/subcontract. Additionally, providers who audit federal programs
must also sign, regardless of the contract amount. FDDC cannot contract with these types of providers ifthcy
are debarred or suspended by the federal government.
2. This certification is a material repTesentation of fact upon which reliance is placed when this contract/subcontract
is entered into.lfit is later determincd thallhc signer knowingly rendered an erroneous certification. the Federal
Government may pursue available remedics, including suspension and/or debarment.
3. The provider shall provide immediate written notice to lhc contract managcr at any time thc provider learns
that its certification was erroneous when submitted or has become erroneous by reason of changed
circumstances.
4. The tcnns "debarred", "suspended", "ineligible", "person", "principal", and "voluntarily excluded", as used in this
ccrtification, have the meanings set out in the Definitions and Coverage sections of rules implementing
Executive Order 12549.
5. The provider agrees by submitting thlS certification that. it shall not knowingly enter into any subcontraet with a
person who is debarrcd, suspended. declarcd ineligiblc. or voluntarily excludcd from panicipation in this
contract/subcontract unless authorized by the Federal Government.
6. The provider further agrees by submitting this certification that it will require each subcontractor of this
contract/subcontract, whose payment will equal or exceed S25,000 in federal monies. to submit a signed copy
of this certification.
7. Florida Developmental Disabilities Council. Inc. may rely upon a certification of a provider that it is not
debarred, suspended, ineligible. or voluntarily cxcluded from contracting/subcontracting unless it knows that the
certification is erroneous.
8. This signed certification must be kcpt in thc contract manager's file. Subcontractor's certifications must be kept at
the contractor's business location.
CERTI FICA TJON
I. Thc prospective provider certifies, by signing this certification. that neither it nor its principals is presently
debarred, suspended. proposed fOT debarment, declared ineligible. or voluntarily excluded from participation in
this contract/subcontract by any federal department or agency.
2. Where the prospective provider is unable to certify to any of the statements in this certification, such
prospective provider shall attach an explanation 10 this certification.
Signature:
Date: ~05
Title: Ola:i..I::nBn, B:aai of 0::u1t:y O:mniss.i.ae::s
Name: Eb:d W. Cbyle
AftBS!
DWI8Il'I' B. .....
BY:
Approved as to form '-', k~cl ,mIij;:;<,I:':,-,-
lb~ ~~ .
....\COUtf AUorDeI
Agenda Item No. 16D5
July 26, 2005
Page 1 of 17
-"
EXECUTIVE SUMMARY
Recommendation to approve a Florida Recreation Development Assistance
Program Grant Agreement for $200,000 for development of North Collier
Regional Park
Obiective: To provide the highest quality park facilities at the lowest possible cost by
utilizing available grants programs.
Considerations: On November 16, 2004, the Board of County Commissioners
approved applying for a Florida Recreation Development Assistance Program grant for
development of North Naples [sic] Regional Park (item 16D3). Collier County has been
awarded this grant in the amount of $200,000. The Florida Department of Environmental
Protection is the awarding agency.
The North Collier Regional Park is a 212-acre site that will be developed with a water
park, eight-field soccer complex, five-field softball complex, fitness center, community
building, administration building, and pathways and boardwalks. The grant will fund
development of one soccer field, one softball field, support facilities, and pathways.
-"
Stipulations of the grant contract include a 50% cash, in-kind or land value match, and
completion of the project by April 30, 2008. The County Attorney has reviewed and
approved the contract.
Fiscal Imoact: Total project cost for North Collier Regional Park is approximately $58
million. The grant will fund $200,000. Staff will prepare a budget amendment
recognizing grant revenue. Match is available within the project (80602).
Growth Manaaement ImDact: North Collier Regional Park is inventoried in the
Growth Management Plan.
Recommendation: That the Board of County Commissioners approves the Florida
Recreation Development Assistance Program grant agreement and associated budget
amendment.
PreDared by: Amanda Townsend, Operations Analyst, Parks and Recreation
,--
Agenda Item No. 1605
July 26. 2005
Page 2 of H
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Olle
16D5
Recommendation to approve a Florida Recreation Development Assistance Program Grant
Agreement for $200,000 for development of North Conter Regional Park
712612005 900:00 AM
Item Number
Item Summuy
Approved By
Wayne Boyer
Director
Date
Public: Services
Parks and RflcreatiOl'l
7/1112005.:35 PM
Approved By
Kathy Carpenter
Executive Secretary
Dot.
Public Sl!,.,.iC6S
Public Services Admin.
7/11120054;31 PM
Approved By
Marlen(! J, foottl
Gr-anb Cl)ordinutm
Dab~
Administrative Service..
Administrative Services Admin.
7/11120054-:"1 PM
Approved By
Marl~ Ramst!y
Public Services Adrnlnistra10r
DatI!
Pu bUc ServjG~s
Public Services Admin.
7/121200& 2:32 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Mzmag~r's Office
O1'h::~ of Management" Budget
7/13/200611:15 AM
Approved By
Sus-an UJS.hel'
Senior ManagemttlltJBudget Analyst
Date
County Manager's Office
Offic.e of Managem.nt & Budget
7/1412005 6:27 PM
Approved By
Jameti V, Mudd
CUUllty M3l'\alJer
o..t~
B03rd of County
Commissionll'rs
County Munager's Offh~e
7i1512oo5 5:1<& PM
e
e
Agenda Item No. 1605
July 26, 2005
Page 3 of 17
DEP Agreement No. F6116
CSFA Number: 37.017
CSFA Title: FRDAP
FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP)
PROJECT AGREEMENT (SFY 2005-06) - Development
This Agreement is made and entered into between the STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafter called the
DEPARTMENT, and COLLIER COUNTY, hereinafter called the GRANTEE, a local
government, in furtherance of an approved public outdoor recreation project. In
consideration of the mutual covenants contained herein and pursuant to section
375.075, Florida Statutes, and chapter 620-5, Part V, Florida Administrative Code, the
parties hereto agree as follows:
1. This PROJECT AGREEMENT shall be performed in accordance with section
375.075, Florida Statutes, and chapter 620-5, Part V, Florida Administrative
Code, hereinafter called the RULE. The GRANTEE shall comply with all
provisions of the RULE, effective August 15, 2004, which is incorporated into this
PROJECT AGREEMENT as if fully set forth herein. It is the intent of the
DEPARTMENT and the GRANTEE that none of the provisions of section 163.01,
Florida Statutes, shall have application to this PROJECT AGREEMENT.
2. The DEPARTMENT has found that public outdoor recreation is the primary
purpose of the project known as North Naples Regional Park (Florida Recreation
Development Assistance Program, FRDAP Project Number F06116), hereinafter
called the PROJECT, and enters into this PROJECT AGREEMENT with the
GRANTEE for the development of that real property, the legal description of
which shall be submitted to the DEPARTMENT as described in the Florida
Recreation Development Assistance Program Development Project Pre-
reimbursement/Commencement Documentation Form, DEP Form FPS-A034.
3. All forms hereinafter referenced may be found at
www.dep.state.fl.us/parks/bdrs. Further, the GRANTEE will also
receive all applicable forms for administration of project with GRANTEE's copy of
fully executed PROJECT AGREEMENT.
DEP Agreement No. F6116, Page 1 of 10
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4. The GRANTEE shall construct, or cause to be constructed, certain public outdoor
recreation facilities and improvements consisting of the following PROJECT
ELEMENTS which may be modified by the DEPARTMENT if GRANTEE shows
good cause: Soccer field, softball field, trail, landscaping, parking, lighting and
other related support facilities.
5. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE,
funds not to exceed $200,000.00 which will pay the DEPARTMENT's share of the
cost of the PROJECT. DEPARTMENT funding is based upon the following:
DEPARTMENT Amount: $200,000.00 50%
GRANTEE Match: $200,000.00 50%
Type of Match: Cash/In-Kind Services and/or Land Value
6. The PROJECT reimbursement request shall include all documentation required
by the DEPARTMENT for a proper pre-audit and post-audit review. Within sixty
(60) days after receipt of the final request, the DEPARTMENT's Grant Manager
shall review the completion documentation and payment request from the
GRANTEE for the PROJECT. If the documentation is sufficient and meets the
requirements of the Florida Recreation Development Assistance Program
Completion Documentation Form, DEP FOnTl FPS-A036, referenced in s. 620-
5.058(6)(g}, the DEPARTMENT will approve the request for payment.
7. In addition to the invoicing requirements contained in the paragraph above, the
Department will periodically request proof of a transaction (such as invoice,
payroll register) to evaluate the appropriateness of costs to the PROJECT
AGREEMENT pursuant to State guidelines (including cost allocation guidelines),
as appropriate. When requested, this information must be provided within 30
calendar days of the date of such request. The GRANTEE may also be required
to submit a cost allocation plan to the Department in support of its multipliers
(overhead, indirect, general administrative costs, and fringe benefits). All bills for
amounts due under this Agreement shall be submitted in detail sufficient for a
proper pre-audit and post-audit thereof. State guidelines for allowable costs can
be found in the Department of Financial Services' Reference Guide for State
Expenditures at http://www.dbf.state.fl.us/aadir/reference guide.
8. The GRANTEE agrees to comply with the Division of Recreation and Parks'
Grant and Contract Accountability Procedure, hereinafter called the
PROCEDURE and incorporated into this PROJECT AGREEMENT by reference
as if fully set forth herein. All purchases of goods and services for
accomplishment of the PROJECT shall be secured in accordance with the
GRANTEE's procurement procedures. Expenses representing the PROJECT
costs, including the required matching contribution, shall be reported to the
DEPARTMENT and summarized on certification forms provided in the
PROCEDURE. The DEPARTMENT and GRANTEE agree to use the
PROCEDURE guidelines for accounting for FRDAP funds disbursed for the
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PROJECT. The parties further agree that the principles for determining the
eligible costs, supporting documentation and minimum reporting requirements of
the PROCEDURE shall be used.
9. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of
the GRANTEE's eligible wages and salaries, unless approved in advance as
described herein. Indirect costs that exceed 15% must be approved in advance
in writing by the DEPARTMENT to be considered eligible PROJECT expenses.
10. It is understood by the parties that the amount of this PROJECT AGREEMENT
may be reduced should the Governor's Office declare a revenue shortfall and
assess a mandatory reserve. Should a shortfall be declared, the amount of this
PROJECT AGREEMENT may be reduced by the amount deemed appropriate by
the DEPARTMENT.
11. A.
The State of Florida's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the Legislature.
The parties hereto understand that this Agreement is not a commitment of
future appropriations.
B. The GRANTEE understands that the funds supporting this Agreement are
subject to certification forward approval by the Governor's Office on June
30th each year. The GRANTEE understands and agrees that if the
Governor's Office does not approve the DEPARTMENT's request to
certify the funds forward, the GRANTEE will not be eligible for
reimbursement after the reversion of said funds.
12. All monies expended by the GRANTEE for the purpose contained herein shall be
subject to pre-audit review and approval by the State of Florida Chief Financial
Officer in accordance with section 17.03(2), Florida Statutes.
13. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as
defined in s. 62D-5.054(34) of the RULE) incurred by GRANTEE prior to
execution of this PROJECT AGREEMENT in accordance with s. 62D-5.055(9) of
the RULE. The DEPARTMENT and the GRANTEE fully understand and agree
that there shall be no reimbursement of PROJECT funds by the DEPARTMENT
for any expenditure made prior to the execution of this PROJECT AGREEMENT
with the exception of those expenditures which meet the requirements of the
foregoing sections of the RULE.
14. Prior to commencement of PROJECT development, the GRANTEE shall submit
the documentation required by the Florida Recreation Development Assistance
Program Development Project Pre-reimbursement/Commencement
Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5.058(7)(c) of
the RULE, to the DEPARTMENT. Upon determining that the documentation
DEP Agreement No. F6116, Page 3 of 10
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complies with the RULE, the DEPARTMENT will give written notice to GRANTEE
to commence the development and approve the request for payment.
15. The GRANTEE shall obtain all required local, state and federal permits and
approvals prior to commencement of project construction and shall certify that it
has done so to the DEPARTMENT by completing the Project Permitting
Certification, FPS-A035, referenced in s. 62D-5.058(7)(c)1 of the RULE.
16. This PROJECT AGREEMENT shall become effective upon execution and the
GRANTEE shall complete construction of all PROJECT ELEMENTS on or before
,(, '\, 2C'D'6 (hereinafter referred to as the PROJECT completion
da e), at which time all payment requests and completion documentation will be
due to the DEPARTMENT. The GRANTEE understands that if the Governor's
Office does not approve the DEPARTMENT's request to certify the funds forward
on June 30th of each year, the GRANTEE will not be eligible for reimbursement
after the reversion of said funds or the denial of the certification forward,
whichever is earlier.
17. Project completion means the project is open and available for use by the public.
Project must be designated complete prior to release of final reimbursement. See
Rule 620-5.054(41).
",-
18. The GRANTEE shall retain all records supporting PROJECT costs for five (5)
years after the fiscal year in which the final PROJECT payment was released by
the DEPARTMENT or until final resolution of matters resulting from any litigation,
claim or audit that started prior to the expiration of the five-year retention period.
The DEPARTMENT, State Auditor General, State Chief Financial Officer and
other agencies or entities with jurisdiction shall have the right to inspect and audit
the GRANTEE's records for said PROJECT during the PROJECT and within the
retention period.
19. In addition to the provisions contained in the paragraph above, the GRANTEE
shall comply with the applicable provisions contained in Attachment 1. A revised
copy of Attachment 1, Exhibit-1, must be provided to the GRANTEE with each
amendment which authorizes a funding increase or decrease. The revised
Exhibit-1 shall summarize the funding sources supporting the PROJECT
AGREEMENT for purposes of assisting the GRANTEE in complying with the
requirements of Attachment 1. If the GRANTEE fails to receive a revised copy of
Attachment 1, Exhibit-1, the GRANTEE shall notify the Department's FRDAP
Grants Administrator at (850) 245-2501 to request a copy of the updated
information.
20. Following receipt of an audit report identifying any reimbursement due the
DEPARTMENT for the GRANTEE's non- compliance with this PROJECT
AGREEMENT, the GRANTEE will be allowed a maximum of thirty (30) days to
submit additional pertinent documentation to offset the amount identified as being
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due to the DEPARTMENT. The DEPARTMENT, following a review of the
documentation submitted by the GRANTEE, will inform the GRANTEE of the final
reimbursement due the DEPARTMENT.
21. The GRANTEE, as an independent contractor and not an agent, representative,
or employee of the DEPARTMENT, agrees to carry adequate liability and other
appropriate forms of insurance. The DEPARTMENT shall have no liability except
as specifically provided in this PROJECT AGREEMENT.
22. To the extent required by law, the GRANTEE will be self-insured against, or will
secure and maintain during the life of this PROJECT AGREEMENT, Workers'
Compensation Insurance for all of his employees connected with the work of this
project and, in case any work is subcontracted, the GRANTEE shall require the
subcontractor to provide Workers' Compensation Insurance for all of the
subcontractor's employees unless such employees are covered by the protection
afforded by the GRANTEE. Such self-insurance program or insurance coverage
shall comply fully with the Florida Workers' Compensation law. In case any class
of employees engaged in hazardous work under this Agreement is not protected
under Workers' Compensation statutes, the GRANTEE shall provide, and cause
each subcontractor to provide, adequate insurance satisfactory to the
DEPARTMENT. for the protection of its employees not otherwise protected.
23. The purchase of non-expendable equipment is not authorized under the terms of
this Agreement.
24. For the purpose of this PROJECT AGREEMENT, the DEPARTMENT's Grant
Manager shall be responsible for ensuring performance of its terms and
conditions and shall approve all reimbursement requests prior to payment. The
GRANTEE's Grant Manager, identified in paragraph 25, or successor, shall act
on behalf of the GRANTEE relative to the provisions of this PROJECT
AGREEMENT. The GRANTEE, shall submit to the DEPARTMENT signed
PROJECT status reports every January 5th, May 5th, and September 5th of each
year summarizing the work accomplished, problems encountered, percentage of
completion, and other information which may be requested by the
DEPARTMENT. Photographs to reflect the construction work accomplished shall
be submitted when the DEPARTMENT requests them.
25. Any and all notices required by this PROJECT AGREEMENT shall be deemed
sufficient if delivered or sent by United States Postal Service to the parties at the
following addresses:
DEP Agreement No. F6116, Page 5 of 10
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GRANTEE's Grant Manager
DEPARTMENT's Grant Manager
Ms. Amanda O. Townsend
Operations Analyst
3300 Santa Barbara Boulevard
Naples, FL 34116
Mary Ann Lee
Florida Department of Environmental
Protection
3900 Commonwealth Blvd., MS585
Tallahassee, Florida 32399-3000
26. Prior to final reimbursement, the GRANTEE must erect a permanent information
sign on the PROJECT site which credits PROJECT funding or a portion thereof,
to the Florida Department of Environmental Protection and the Florida Recreation
Development Assistance Program.
27. The DEPARTMENT has the right to inspect the PROJECT and any and all
records related thereto at any reasonable time.
28. This PROJECT AGREEMENT may be unilaterally canceled by the
DEPARTMENT for refusal by the GRANTEE to allow public access to all
documents, papers, letters, or other material made or received by the GRANTEE
in conjunction with this PROJECT AGREEMENT unless the records are exempt
under Section 24(a) of Article I of the State Constitution and Section 119.07(1),
Florida Statutes.
29. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to
demand a refund, either in whole or in part, of the FRDAP funds provided to the
GRANTEE for non-compliance with the material terms of this PROJECT
AGREEMENT. The GRANTEE, upon such written notification from the
DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the
amount of money demanded by the DEPARTMENT. Interest on any refund shall
begin the date that the GRANTEE was informed that a refund was required until
refund and interest are paid to the DEPARTMENT.
30. The GRANTEE shall comply with all federal, state and local regulations, rules
and ordinances in developing this PROJECT. The GRANTEE acknowledges that
this requirement includes compliance with all federal, state and local health and
safety rules and regulations including all applicable building codes. The
GRANTEE further agrees to include the requirements of this paragraph in all
subcontracts made to perform this PROJECT AGREEMENT.
31. The GRANTEE may subcontract work under this Agreement without the prior
written consent of the DEPARTMENT'S Grant Manager. The GRANTEE agrees
to be responsible for the fulfillment of all work elements included in any
subcontract. It is understood and agreed by the GRANTEE that the
DEPARTMENT shall not be liable to any subcontractor for any expenses or
liabilities incurred under the subcontract and that the GRANTEE shall be solely
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liable to the subcontractor for all expenses and liabilities incurred under the
subcontract.
32. Land owned by the GRANTEE, which is developed or acquired with FRDAP
funds, shall be dedicated in perpetuity as an outdoor recreation site by the
GRANTEE for the use and benefit of the public as stated in section 620-5.059(1)
of the RULE. Land under control other than by ownership of the GRANTEE, such
as by lease, shall be dedicated as an outdoor recreation area for the use and
benefit of the public for a minimum period of twenty-five (25) years from the
completion date set forth in the PROJECT completion certificate. All dedications
must be recorded in the county property records by the owner, or by the
GRANTEE if the owner has given GRANTEE authority to do so. Such PROJECT
shall be open at reasonable times and shall be managed in a safe and attractive
manner appropriate for public use.
33. Failure to comply with the provisions of the RULE or the terms and conditions of
this PROJECT AGREEMENT will result in cancellation of the PROJECT
AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the
GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in
writing of the particular violations stating a reasonable time to comply. Failure to
comply within the time period stated in the written notice shall result in
cancellation of the PROJECT AGREEMENT and shall result in the imposition of
the terms in Paragraph 29.
34. In the event of conflict in the provisions of the RULE, the PROJECT
AGREEMENT and the Project Application, the provisions of the Rule shall control
over this PROJECT AGREEMENT and this PROJECT AGREEMENT shall
control over the Project Application documents.
35. If the DEPARTMENT determines that site control is not sufficient under the
RULE, the DEPARTMENT shall give the GRANTEE a notice in writing and a
reasonable time to comply. If the deficiency is not corrected within the time
specified in the notice, the DEPARTMENT shall cancel this PROJECT
AGREEMENT.
36. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from
spending FRDAP funds for the purpose of lobbying the legislature, the judicial
branch, or a state agency.
37. A.
No person on the grounds of race, creed, color, national origin, age, sex,
marital status or disability, shall be excluded from participation in; be
denied the proceeds or benefits of; or be otherwise subjected to
discrimination in performance of this PROJECT AGREEMENT.
8. An entity or affiliate who has been placed on the discriminatory vendor list
may not submit a bid on a contract to provide goods or services to a pUblic
DEP Agreement No. F6116, Page 7 of 10
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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 award or perform
work as a contractor, supplier, subcontractor, or consultant under contract
with any public entity, and may not transact business with any public
entity. The Florida Department of Management Services is responsible for
maintaining the discriminatory vendor list and intends to post the list on its
website. Questions regarding the discriminatory vendor list may be
directed to the Florida Department of Management Services, Office of
Supplier Diversity at (850) 487-0915.
38. Each party hereto agrees that it shall be solely responsible for the wrongful acts
of its employees and agents. However, nothing contained herein shall constitute
a waiver by either party of its sovereign immunity or the provisions of section
768.28, Florida Statutes.
39. The employment of unauthorized aliens by any GRANTEE is considered a
violation of Section 274A(e) of the Immigration and Nationality Act. If the
GRANTEE knowingly employs unauthorized aliens, such violation shall be cause
for unilateral cancellation of this Agreement. The GRANTEE shall be responsible
for including this provision in all subcontracts issued as a result of this
Agreement.
40. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not perform work as a grantee,
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 s. 287.017, Florida Statutes, for Category Two, for
a period of 36 months from the date of being placed on the convicted vendor list.
41. The PROJECT AGREEMENT has been delivered in the State of Florida and
shall be construed in accordance with the laws of Florida. Wherever possible,
each provision of this PROJECT AGREEMENT shall be interpreted in such
manner as to be effective and valid under applicable Florida law, but if any
provision of this PROJECT AGREEMENT shall be prohibited or invalid under
applicable Florida law, such provision shall be ineffective to the extent of such
prohibition or invalidity, without invalidating the remainder of such provision or the
remaining provisions of this PROJECT AGREEMENT. Any action hereon or in
connection herewith shall be brought in Leon County, Florida unless prohibited
by applicable law.
42. No delay or failure to exercise any right. power or remedy accruing to either party
upon breach or default by either party under this PROJECT AGREEMENT shall
impair any such right, power or remedy of either party; nor shall such delay or
failure be construed as a waiver of any such breach or default, or any similar
breach or default thereafter.
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43. This PROJECT AGREEMENT is not intended nor shall it be construed as
granting any rights, privileges or interest to any third party without mutual written
agreement of the parties hereto.
44. This PROJECT AGREEMENT is an exclusive contract and may not be assigned
in whole or in part without the written approval of the DEPARTMENT.
45. This PROJECT AGREEMENT represents the entire agreement of the parties.
Any alterations, variations, changes, modifications or waivers of provisions of this
PROJECT AGREEMENT shall only be valid when they have been reduced to
writing, duly executed by each of the parties hereto, and attached to the original
of this PROJECT AGREEMENT.
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IN WITNESS WHEREOF, the parties hereto have caused these presents to be
duly executed on the day and year last written below.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
COLLIER COUNTY
... .txJ...NGf;;~r6;.:r
By:
Printed Name:
Title:
By:
Division Director (or Designee)
Division of Recreation and Parks
Date
Date
Address:
Office of I nformation and Recreation
Services
Division of Recreation and Parks
3900 Commonwealth Boulevard
Mail Station 585
Tallahassee, Florida 32399-3000
Address:
3300 Santa Barbara Boulevard
Naples, FL 34116
Grantee Attorney
v
Approved as to Form and Legality:
This form has been pre-approved as to
form and legality by Suzanne Brantley,
Assistant General Counsel, on
January 24, 2005 for use for one year.
List of attachments/exhibits included as part of this Agreement:
Specify
Type
Letterl
Number Description (include number of pages)
Attachment
--L- Soecial Audit ReQuirements (5 Paaes)
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ATTACHMENT 1
SPECIAL AUDIT REQUIREMENTS
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP" or "Grantor", or other name in the comract/agreement) to the recipient
(which may be referred to as the "Contractor". Grantee" or other name in the colltract/agreement) may be subject
to audits andlor monitoring by the Department of Environmental Protection, as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMB Circular A-B3, as revised, and/or other procedures. By
entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring
procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the
Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the
recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding
such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or
audits deemed necessaTY by the Chief Financial Officer or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB
Circular A-133, as revised.
1. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular
A-I33, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department
of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal
year, the recipient shall consider all sources of Federal awards, including Federal resources received from
the Department of Environmental Protection. The determination of amounts of Federal awards expended
should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of
the recipient conducted by the Auditor General in accordance with the provisions ofOMB Circular A-B3,
as revised, will meet the requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-B3, as
revised.
3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the
recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit
conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must
be paid from non-Federal reSOUTces (i.e., the cost of such an audit must be paid from recipient resources
obtained from other than Federal entities).
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via
the internet at http://12.46.245.173Icfda/cfda.html.
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PART II: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(l), Florida Statutes.
I. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of
$300,000 in any fiscal year of such recipient ($500,000 for fiscal years ending on or after September 30,
2004), the recipient must have a State single or project-specific audit for such fiscal year in accordance
with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the
Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
pTofit organizations), Rules of the Auditor General. EXHIBIT I to this Agreement indicates State financial
assistance awarded through the Department of Environmental Protection by this Agreement. In
deteTmining the State financial assistance expended in its fiscal year, the recipient shall consider all sources
of State financial assistance, including State financial assistance received from the Department of
Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does
not include Federal direct or pass-through awaTds and resources received by a nonstate entity for Federal
program matching requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1, the Tecipient shall ensure that
the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission
of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550
(local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor
General.
3. If the recipient expends less than $300,000 in State fmancial assistance in its fiscal year ($500,000 for
fiscal years ending on or after September 30, 2004), an audit conducted in accordance with the provisions
of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than
$300,000 in State financial assistance in its fiscal year ($500,000 for fiscal years ending on or after
September 30, 2004) and elects to have an audit conducted in accordance with the provisions of Section
215.97. Florida Statutes, the cost of the audit must be paid from the non-State entity's resources (i.e., the
cost of such an audit must be paid from the recipient's resources obtained from other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should
access the Florida Single Audit Act website located at http://state.f1.us/fsaaJcatalog or the Governor's
Office of Policy and Budget website located at
http://www.mvflorida.comlmyfloridaJgovernmentlcontacts/opbOffice.htmlfor assistance. In addition to
the above websites, the following wcbsitcs may be accessed for information: Legislature's Website
http://www.leg.statc.fl.usi, Governor's Website http://www.myflorida.comJ, Department of Financial
Services' Website http://www.dbf.state.fl.usland the Auditor General's Website
http://www.state.fl.uslaudgen.
PART III: OTHER AUDIT REQUIREMENTS
(NOTE: This part would be used to specifY any additional audit requirements imposed by the State awarding entity
that are solely a matter of that State awarding entity's policy (i.e.. the audit is not required by Federal or State laws
and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida
Statutes, State agencies may conduct or arrange for audits of State financial assistance that are ill addition to
audits conducted in accordance with Section 215.97. Florida Statutes. In such an event. the State awarding agency
must arrange for fUnding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised,
and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
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A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 BlaiT Stone Road
Tallahassee, Florida 32399-2400
B. The Federal Audit Clearinghouse designated in OMB Circular A-l33, as revised (the number of
copies required by Sections .320 (d)(I) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jeffersonville, IN 47132
C. OtheT Federal agencies and pass-through entities in accordance with Sections .320 (e) and (1),
OMB Circular A-133, as revised.
2. Pursuant to Section .320(1), OMB Circular A-133, as revised, the recipient shall submit a copy of the
reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management
letters issued by the auditor, to the Department of Environmental Protection the following addTess:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on
behalfofthe recipient directly to each of the following:
A. The Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
Office of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
B. The Auditor General's Office at the following address:
State of Florida Auditor General
Room 401, Claude Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at the following address:
Audit Director
Florida Department of Environmental Protection
otlice of the Inspector General, MS 40
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
DEP Agreement No. F6U6, Attacbment I, Page 3 of 5
DEP 55-215 (09/04)
a ,. Agenda Item No. 16D5
. _ July 26, 2005
Page 16 of 17
5. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB
Circular A-13 3, Florida Statutes, or Chapters 10.5 50 (local governmental entities) or 1 0.650 (nonprofit and
for-profit organizations), Rules of the Auditor General, as applicable.
6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection
for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities)
or 10.650 (nonprofit and fOT-profit organizations), Rules of the Auditor General, should indicate the date
that the reporting package was delivered to the recipient in correspondence accompanying the reporting
package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a
period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental
Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The
recipient shall ensure that audit working papers are made available to the Department of Environmental Protection,
OT its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the
audit report is issued, unless extended in writing by the Department of Environmental Protection.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. F6116. Attachment 1. Page 4 of 5
DEP 55-215 (09/04)
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Agenda Item No. 16D6
July 26,2005
Page 1 of 20
EXECUTfVESU~Y
Recommendation to approve conveyance of three Easements to Florida Power &
Light Company for providing electric service to North Collier Regional Park on
Livingnon Road, at a cost not to exceed $157.75, Project 806021.
OBJECTIVE: To provide electric service to North Collier Regional Park (park).
CONSIDERATION: The Board, at their January 26,1999; September 16,1999; and November
9, 1999, meetings, approved Agenda Items 8C1, l6C5, and l6C2, respectively, authorizing staff
to purchase a total of 207:!: acres on Livingston Road for development of the Park Park
construction is underway and the attached three Easements to Florida Power & Light Company
(FPL) are for the installation of electric facilities to service the Park.
Each Easement measures 10 feet in width. They comprise a total of 3.55 acres, more or less, and
are shown and described on Exhibit "A" to each Easement. Real Estate Services' staff Appraiser
valued the Easements at $355,000. The County will not be compensated, however, because the
Easements are a requirement ofFPL providing electric service to the Park.
The Easement docwnents have been reviewed and approved by the Parks & Recreation
Depar1ment and the County Attorney's Office.
---
FISCAL IMPACT: Funds ofS157.75 for recording of the Easements are available in the FY 05
budget under Project 806021.
GROWTH MANAGEMENT IMPACT: North Collier Regional Park is inventoried in the
Collier County Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the attached
Easements; authorize Chairman Coyle to execute the Easements on behalf of the Board; and
authorize the recording of the Easements in the Public Records of Collier County, Florida.
PREPARED BY: Toni A. Mott, Manager, Property Acquisition & Sales, Real Estate Services I
Facilities Management Department
-
Agenda Item No. 16D6
July 26. 2005
Page 2 of 20
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16D6
Mee1lng Date
Recommendation to approve conveyance 011hree Easements to Florida Power & Ught
Company for providing electric service to North Collier RegIonal Park on Livingston Road,
at a cast not to exceed !157.75, Project 806021.
7/26/20059:00.00 AM
Prepared By
Date
Toni A. Molt
Real Property Supervisor
1I81200610:611:60 AM
AdministTatille Services
F.acilities Managemf!ln1
Approved By
Skip Catnp. C.f.M,
Fncilitlc" Management Dir1l:c:tor
DAte
Admini,trative Services
FacUities; Management
1181200511:08 AM
Approved By
Charh!1Io E. Curlingt!,)", Jr.,
SRIWA
Rual EstilUl Sorvices Munuger
Date
Administrative Servic.es
Facilities Management
1/11/20058:58 AM
Approved By
Amand.a TOWl1send
Operatlon5 Coordinator
Date
Public Services
Parks and Recreation
7/11/20069:40 AM
Approved By
W.lyne Boyer
Director
Date
Public Services.
Park$ and Recreation
7111/2D05 4:42 PM
Approved By
Marin Ramsey
Public Sorvices. Administrator
Date
Public Sr.rvic~s
Public SClvirAt$ Admin,
7/12/2D05 2:23 PM
Approved By
OMS Coordinator
Administrative As"istant
Date
C<lun1y MPtullll~r'u. OniCI~
Ofticu 1)( Mana.gttmlmt & Budl~et
1r13I2OO611:13. AM
Approved By
Susan Usher
Senior M.nl'lgemltlltJBudg~t Analyst
Oilto
County Manager's Oft1ce
OI'ficc ot Management & Budget
1'14/20055:.41 PM
Approved By
Jalnes; V, Mudd
County Manager
Dote
Board of County
Commissioners
County Mal1agf!t"'s;. Ortice
1/15/20053:45 PM
EASEMENT
Form 3722-A (Stocked) Rev.7/94
Agenda Item No. 1606
July 26, 2005
Page 3 of 20
Work Order No. 1213452
Prepared By:
Name:
Co. Name:
Address:
Mark K. Johnson
FP&L Co.
4105 S.W. 15th Ave.
Naples, FI. 34116
Sec.3O,Twp. 48S, Age. 26E.
Parcel 1.0. 00197560000
(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 "An attached hereto and made a part hereof. Said
legal description and sketch prepared by Jon Peters of TKW Consulting Engineers, 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 all 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
,2005.
day of
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
Approved as to form and
~e7~en~~
Bien T. Chadwell, Assistant County Attorney
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Agenda Item No. 1606
July 26, 2005
a e
10 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY
UTILITY EASEMENT A T NORTH NAPLES REGIONAL PARK
LEGAL DESCRIPTION
A 10 FOOT WIDE STRIP OF LAND LOCA TED IN THE SOUTH'WfST 1/4 OF SECT/ON JO,
TOWNSHIP 4B SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LYING 5.00 FEET
EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 30, TOWNSHIP 48
SOUTH, RANGE 26 EAST; THENCE RUN NORTH 02'00'05" WEST ALONG THE
WEST LINE OF SAID SECTION 30 FOR A DISTANCE OF 2,638.55 FEET;
THENCE RUN NORTH 87'59'55" EAST FOR A DISTANCE OF 366.96 FEET TO
THE POINT OF BEGINNING OF THE CENTERLINE HEREIN DESCRIBED; THENCE
RUN SOUTH 49'30'34" EAST FOR A DISTANCE OF 53.39 FEET; THENCE RUN
SOUTH 83'39'54" EAST FOR A DISTANCE OF 277.36 FEET TO A POINT ON A
CIRCULAR CURVE CONCA VE NORTH, WHOSE RADIUS POINT BEARS NORTH
01'47'37" WEST, A DISTANCE OF 3,016.87 FEET THEREFROM; THENCE RUN
EASTERL Y ALONG THE ARC OF SAID CURVE TO THE LEn: HAVING A RADIUS
OF 3,016.87 FEET, THROUGH A CENTRAL ANGLE OF 09'04'25~ SUBTENDED
BY A CHORD OF 477.26 FEET AT A BEARING OF NORTH 83'40'11" EAST,
FOR AN ARC LENGTH OF 477.76 FEET TO THE END OF SAID CURVE AND A
POINT ON A CIRCULAR CURVE CONCAVE SOUTH, WHOSE RADIUS POINT
BEARS SOUTH 04'42'15" EAST, A DISTANCE OF 546.46 FEET THEREFROM;
THENCE RUN EASTERL Y ALONG THE ARC OF SAID CURVE TO THE RIGHT,
HAVING A RADIUS OF 546.46 FEET, THROUGH A CENTRAL ANGLE OF
47'20'06~ SUBTENDED BY A CHORD OF 438.73 FEET AT A BEARING OF
SOUTH 71'02' 12" EAST, FOR AN ARC LENGTH OF 451.46 FEET TO THE END
OF SAID CURVE; THENCE RUN SOUTH 45'01 '40" EAST FOR A DISTANCE OF
145.47 FEET TO A POINT HEREON KNOWN AS POINT A; THENCE RUN SOUTH
23'55'23" WEST FOR A DISTANCE OF 471.67 FEET TO A POINT HEREON
KNOWN AS POINT B; THENCE RUN SOUTH 48'06'2911 WEST FOR A DISTANCE
OF 151.94 FEET; THENCE RUN SOUTH 06'26'41" WEST FOR A DISTANCE OF
59.41 FEET TO A POINT HEREON KNOWN AS POINTF,' THENCE RUN SOUTH
43'29'07" WEST FOR A DISTANCE OF 152.09 FEET,' THENCE RUN NORTH
46'58'10" WEST FOR A DISTANCE OF 183.14 FEET TO A POINT ON A
CIRCULAR CURVE CONCAVE SOUTHWEST, WHOSE RADIUS POINT BEARS SOUTH
82'48'56" WEST, A DISTANCE OF 119.52 FEET THEREFROM; THENCE RUN
NORTHWESTERL Y ALONG THE ARC OF SAID CURVE TO THE LEn: HAVING A
RADIUS OF 119.52 FEET, THROUGH A CENTRAL ANGLE OF 97"30'07':
5UBTENDED BY A CHORD OF 179.73 FEET AT A BEARING OF NORTH
55'56'08" WEST, FOR AN ARC LENGTH OF 203.39 FEET TO THE END OF
SAID CURVE AND A POINT ON A CIRCULAR CURVE CONCAVE SOUTHEAST,
WHOSE RADIUS POINT BEARS SOUTH 18'50'30" EAST, A DISTANCE OF
361.69 FEET THEREFROM;
* THIS IS NOT A SURVEY *
DRAWN BY: J.P. JOB NO.: 04566.00 SHEET 1 OF 11
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I.'. . ,or: ; ~,~ il~' -l.i i:..'-\, ); -::" ",' ~'!' '~ ~ \.~. ,..",.,~~ ':
~ i. " 'r ", . . ~ $~, '. '_ . ~ ~.l ~,}~' . : ~ _' ~~' _, ~ ;t:'~ ~~::\./ 1,:. ,;; ;'>
~J I,L, tU.h ~ h hI' L'~ H] ~ i~ I. L~. "" ,d \, "
. environmental" eMI .. structurel .. sLi'rvey
5621 B....n..... Drl~
Fo" My.,... Flo.-Ic:lct 3.381.2
(2.3D) 278-1 DD2 . ".AX (2.3.) 278-0.22
it-MAIl- 'tkwO'tkwonlln_.co...,..,
C_rt'f"cot'o,", III 7.34
LEGAL DESCRIPTION
FL~Rffi}.l(ffWI!hEAff,pILff~HIAiRffIJrNY
Sli'CrlOH 30, 7'0/YHSH/P 48 SOUTH. RANCE 26 .EAST,
COIJJ.ER COl/N7'Y. -"LORE.oA
DATE: MAY 2005 DRAWINC: 4566FPL.DWG
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10 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY
UTILITY EASEMENT A T NORTH NAPLES REGIONAL PARK
LEGALDESCRIFl10N
THENCE RUN SOUTHWESTERL Y ALONG THE ARC OF SAID CURVE TO THE
LEn; HAVING A RADIUS OF 361.69 FEET. THROUGH A CENTRAL ANGLE OF
22"37'36': SUBTENDED BY A CHORD OF 141.91 FEET AT A BEARING OF
SOUTH 59'50'42" WEST, FOR AN ARC LENGTH OF 142.83 FEET TO THE END
OF SAID CURVE AND A POINT ON A CIRCULAR CURVE CONCAVE NORTH,
WHOSE RADIUS POINT BEARS NORTH 40'48'42" WEST, A DISTANCE OF
224.46 FEET THEREFROM; THENCE RUN WESTERL Y ALONG THE ARC OF SAID
CURVE TO THE RIGHT, HAVING A RADIUS OF 224.46 FEET, THROUGH A
CENTRAL ANGLE OF 47"57'47~ SUBTENDED BY A CHORD OF 182.46 FEET
A T A BEARING OF SOUTH 73'10' 11" WEST, FOR AN ARC LENGTH OF 187.90
FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH 81'01 '05" WEST
FOR A DISTANCE OF 191.88 FEET TO A POINT ON A CIRCULAR CURVE
CONCAVE NORTHEAST, WHOSE RADIUS POINT BEARS NORTH 14040'32" EAST,
A DISTANCE OF 246.78 FEET THEREFROM; THENCE RUN NORTHWESTERL Y
ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF
246~78 FEET. THROUGH A CENTRAL ANGLE OF 57"35'22': SUBTENDED BY A
CHORD OF 237.73 FEET AT A BEARING OF NORTH 46031 '47" WEST, FOR AN
ARC LENGTH OF 248.04 FEET TO THE END OF SAID CURVE AND TO A
POINT HEREON KNOWN AS POINTC; THENCE RUN NORTH 13024'52" WEST
FOR A DISTANCE OF 33.76 FEET.' THENCE RUN NORTH 02050 '48" WEST FOR
A DISTANCE OF 89.64 FEET TO A POINT HEREON KNOWN AS POINT D;
THENCE RUN SOUTH 87"16'26" WEST FOR A DISTANCE OF 119.13 FEET.'
THENCE RUN SOUTH 05'48'53" EAST FOR A DISTANCE OF 22.80 FEET;
THENCE RUN SOUTH 14'12'56" EAST FOR A DISTANCE OF 102.30 FEET;
THENCE RUN SOUTH 17'50'23" EAST FOR A DISTANCE OF 326.34 FEET TO
A POINT ON A CIRCULAR CURVE CONCAVE NORTHWEST, WHOSE RADIUS
POINT BEARS SOUTH 69'17'53" WEST, A DISTANCE OF 235.77 FEET
THEREFROM; THENCE RUN SOUTHWESTERL Y ALONG THE ARC OF SAID CURVE
TO THE RIGHT, HAVING A RADIUS OF 235.77 FEET. THROUGH A CENTRAL
ANGLE OF 115019'01': SUBTENDED BY A CHORD OF 398.39 FEET A T A
BEARING OF SOUTH 36057'23" WEST, FOR AN ARC LENGTH OF 474.52 FEET
TO THE END OF SAID CURVE; THENCE RUN SOUTH 89017'50" WEST FOR A
DISTANCE OF 26.88 FEET TO POINTOFTERMlNUS OF THE CENTERLINE
HEREIN DESCRIBED.
· THIS IS NOT A SURVEY"
DRAWN BY: J.P. JOB NO.: 04566.00 SHEET 2 OF 11
(2.:58 )
LEGAL DESCRIPTION
FLORIDA POWER AND LIGHT COMPANY
A 10 FOOT JYIDE UTILITY EASEMENT
SECTION 30, 7'OIYJVSHIP ~8 SOUTH. RANCE 26 EAS7;
COLlIER COUJV7'Y; F,lOm.oA
DATE: MAY 2005 DRAWING: 4566FPL.DWG
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10 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY
UTILITY EASEMENT AT NORTH NAPLES REGIONAL PARK
LEGAL DESCRIn'ION
BEGIN AT THE AFOREMENTIONED POINTA; THENCE RUN NORTH 15'30'32"
WEST FOR A DISTANCE OF 21.29 FEET; THENCE RUN SOUTH 76'00'21" EAST
FOR A DISTANCE OF 57.59 FEET; THENCE RUN SOUTH 62.54'23" EAST FOR
A DISTANCE OF 63.77 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE
SOUTH, WHOSE RADIUS POINT BEARS SOUTH 28'46'01" EAST, A DISTANCE
OF 635.35 FEET THEREFROM; THENCE RUN EASTERLY ALONG THE ARC OF
SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 635.35 FEET, THROUGH A
CENTRAL ANGLE OF 17'51'44': SUBTENDED BY A CHORD OF 197.27 FEET
AT A BEARING OF NORTH 70.09'51" EAST, FOR AN ARC LENGTH OF 198.07
FEET TO THE END OF SAID CURVE AND A POINT ON A CIRCULAR CURVE
CONCA VE NORTH, WHOSE RADIUS POINT BEARS NORTH 19.31' 18" EAST, A
DISTANCE OF 355.37 FEET THEREFROM; THENCE RUN EASTERLY ALONG THE
ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 355.37 FEET,
THROUGH A CENTRAL ANGLE OF 14.04'34~ SUBTENDED BY A CHORD OF
87.09 FEET A T A BEARING OF SOUTH 7730 '58" EAST, FOR AN ARC LENGTH
OF 87.30 FEET TO THE END OF SAID CURVE; THENCE RUN NORTH
89.57'18" EAST FOR A DISTANCE OF 428.96 FEET TO THE POINT OF
TERMINUS OF THE CENTERLINE HEREIN DESCRIBED.
BEGIN 'AT THE AFOREMENTIONED POINTA; THENCE RUN SOUTH 42.53'50"
EAST FOR A DISTANCE OF 134.77 FEET TO A POINT ON A CIRCULAR CURVE
CONCAVE WEST, WHOSE RADIUS POINT BEARS SOUTH 49'01'15" WEST, A
DISTANCE QF 466.30 FEET THEREFROM; THENCE RUN SOUTHERLY ALONG
THE ARC OF SAID CURVE TO THE RIGHT, HA VING A RADIUS OF 466.30 FEET,
THROUGH A CENTRAL ANGLE OF 47'22'10~ SUBTENDED BY A CHORD OF
374.63 FEET AT A BEARING OF SOUTH 1717'39" EAST, FOR AN ARC
LENGTH OF 385.51 FEET TO THE END OF SAID CURVE,' THENCE RUN SOUTH
01.49'12" EAST FOR A DISTANCE OF 123.52 FEET; THENCE RUN SOUTH
01.02'52" EAST FOR A DISTANCE OF 209.50 FEET TO A POINT ON A
CIRCULAR CURVE CONCA VE EAST, WHOSE RADIUS POINT BEARS SOUTH
80.26'02" EAST, A DISTANCE OF 159.03 FEET THEREFROM,' THENCE RUN
SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A
RADIUS OF 159.03 FEET, THROUGH A CENTRAL ANGLE OF 58'22'24~
Sl./BTENDED BY A CHORD OF 155. 10 FEET A T A BEARING OF SOUTH
19'37'13" EAST, FOR AN ARC LENGTH OF 162.02 FEET TO THE END OF
SAID CURVE AND TO A POINT HEREON KNOWN AS POINT E; THENCE
CONTINUE EASTERLY ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF
159.03 FEET, THROUGH A CENTRAL ANGLE OF 49.42'09~
* THIS IS NOT A SURVEY *
DRAWN BY: J.P. JOB NO.: 04566.00 SHEET 3 OF 11
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LEGAL DESCRlFl'ION
FLORIDA POWER AND LIGHT COMPANY
A 10 FOOT WIDE UTIUTY EASEMENT
SECTION (JO, roIYNSUIP 48 SOl/7'H, RANCE 26 EAS7',
COUJEn COUNTY. Pf,ORfLJA
(:Z3.)
DATE: MAY 2005
DRAWING: 4566FPL.DWG
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Agenda Item No. 1606
July 26, 2005
10 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY
UTILITY EASEMENT A T NORTH NAPLES REGIONAL PARK
LEGAL DESCRIPTION
SUBTENDED BY A CHORD OF 133,67 FEET AT A BEARING OF SOUTH
73'39 '30" EAST, FOR AN ARC LENGTH OF 137.95 FEET TO THE END OF
SAID CURVE AND A POINT ON A CIRCULAR CURVE CONCAVE SOUTH, WHOSE
RADIUS POINT BEARS SOUTH 04'11 '12" EAST, A DISTANCE OF 606.93 FEET
THEREFROM,' THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO
THE RIGHT, HA VING A RADIUS OF 606.93 FEET, THROUGH A CENTRAL ANGLE
OF 4T47'10': SUBTENDED BY A CHORD OF 491.65 FEET AT A BEARING OF
SOUTH 70'17'37" EAST, FOR AN ARC LENGTH OF 506.20 FEET TO THE END
OF SAID CURVE; THENCE RUN SOUTH 64'04 '46" EAST FOR A DISTANCE OF
142.45 FEET,' THENCE RUN SOUTH 5T15'53" EAST FOR A DISTANCE OF
30.57 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTH, WHOSE
RADIUS POINT BEARS SOUTH 2T13'08" EAST, A DISTANCE OF 422.27 FEET
THEREFROM; THENCE RUN EASTERLY ALONG THE ARC OF SAID CURVE TO
THE RIGHT, HAVING A RADIUS OF 422.27 FEET, THROUGH A CENTRAL ANGLE
OF 63'54'00~ SUBTENDED BY A CHORD OF 446.91 FEET AT A BEARING OF
SOUTH 85'16'08" EAST, FOR AN ARC LENGTH OF 470.94 FEET TO THE END
OF SAID CURVE; THENCE RUN SOUTH 48'19'02" EAST FOR A DISTANCE OF
58.61 FEET TO THE POINT OF TERMINUS OF THE CENTERLINE HEREIN
DESCRIBED.
· SEE DETAIL A *. SHEET 9
COMMENCE A T THE AFOREMENTIONED POINT A; THENCE RUN NORTH
25'25'06'; EAST FOR A DISTANCE OF 10.58 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN
SOUTH 65'32 '.25" EAST FOR A DISTANCE OF 1 0.00 FEET; THENCE RUN
SOUTH 24'27'35" WEST FOR A DISTANCE OF 20.00 FEET; THENCE RUN
NORTH 65'32'25" WEST FOR A DISTANCE OF 20.00 FEET; THENCE RUN
NORTH 24'27'35" EAST FOR A DISTANCE OF 20.00 FEET; THENCE RUN
SOUTH 65-32'25" EAST FOR A DISTANCE OF 10.00 FEET TO THE POINTOF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED.
BEGIN AT THE AFOREMENTIONED POINTB; THENCE RUN NORTH 40'05'28"
WEST FOR A DISTANCE OF 180. 17 FEET TO THE POINT OF TERMINUS OF
THE CENTERLINE HEREIN DESCRIBED.
". THIS IS NOT A SURVEY'"
DRAWN BY: J.P. JOB NO.: 04566.00 SHEET 4 OF 11
(2.38)
LEGAL DESCRIP110N
FLORIDA POWER AND LICHT COMPANY
A 10 FOOT WIDE UTIUTY EASEMENT
seCT/ON 30. 7'OIYNSH/P 0/8 SOl/TH, RANr;e 26 eAST.
COU/$R COUN7'J'; /i'z,omDA
DATE: MAY 2005
DRAWING: 4566FPL.DWC
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10 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY
UTILITY EASEMENT AT NORTH NAPLES REGIONAL PARK
LEGAL DESCRIF1'ION
(SEE SHEET 9)
BEGIN AT THE AFOREMENTIONED POINT B; THENCE RUN NORTH 89022 '54"
EAST FOR A DISTANCE OF 201.77 FEET; THENCE RUN SOUTH 52'28'54"
EAST FOR A DISTANCE OF 247.78 FEET TO THE POINTOFTERMINUS OF
THE CENTERLINE HEREIN DESCRIBED.
(SEE SHEET 8)
BEGIN AT THE AFOREMENTIONED POINTC; THENCE RUN NORTH 38013'17"
EAST FOR A DISTANCE OF 263.35 FEET TO A POINT ON A CIRCULAR CURVE
CONCAVE SOUTHEAST, WHOSE RADIUS POINT BEARS NORTH 78048'20" EAST,
A DISTANCE OF 47.03 FEET THEREFROM; THENCE RUN NORTHEASTERLY
ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 47.03
FEET, THROUGH A CENTRAL ANGLE OF 124'20'21': SUBTENDED BY A CHORD
OF 83.18 FEET AT A BEARING OF NORTH 50'58'31" EAST, FOR AN ARC
LENGTH OF 1 02. 06 FEET TO THE END OF SAID CURVE; THENCE RUN SOUTH
56018'59" EAST FOR A DISTANCE OF 65.97 FEET TO THE POINTOF
TERMINUS OF THE CENTERLINE HEREIN DESCRIBED.
(SEE SHEET 8)
BEGIN AT THE AFOREMENTIONED POINT D; THENCE RUN NORTH 64014 '40"
EAST FOR A DISTANCE OF 194.55 FEET TO THE POINT OF TERMINUS OF
THE CENTERLINE HEREIN DESCRIBED.
SEEDETAIL'D'oSHEET8
COMMENCE AT THE AFOREMENTIONED POINT D; THENCE RUN SOUTH
02'50'48" EAST FOR A DISTANCE OF 10.00 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN
SOUTH 86038'00" WEST FOR A DISTANCE OF 10.00 FEET,' THENCE RUN
NORTH 03'22'00" WEST FOR A DISTANCE OF 20.00 FEET,' THENCE RUN
NORTH 86038'00" EAST FOR A DISTANCE OF 20.00 FEET; THENCE RUN
SOUTH 03'22 '00" EAST FOR A DISTANCE OF 20.00 FEET,' THENCE RUN
SOUTH 86'38'00" WEST FOR A DISTANCE OF 10.00 FEET TO THE POINTOF
BEGINNING OF THE 20 FOOT BY 20 FOOT EASEMENT HEREIN DESCRIBED.
· THIS IS NOT A SURVEY.
DRAWN BY: J.P. JOB NO.: 04566.00 SHEET 5 OF 11
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LEGAL DESCRIPTION
FLORIDA POWER AND LIGHT COMPANY
A 10 FOOT WIDE UTIUTY EASEMENT
SSCTION 3(}. 7'OlYNSHIP olD SOUTH. RANes 26 SAST.
COI...L.fSR COUNTY. FI..OmOA
(238)
DATE: MAY 2005
DRAWING: 4566FPL.DWG
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10 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY
UTILITY EASEMENT A T NORTH NAPLES REGIONAL PARK
LEGAL DESCRIPTION
SEE DETAIL 'F', SHEET 8
COMMENCE A T THE AFOREMENTIONED POINT F; THENCE RUN SOUTH
44'59'16" EAST FOR A DISTANCE OF 10.00 FEET TO THE POINT OF
BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN
SOUTH 45'00 '44" WEST FOR A DISTANCE OF 1 O. 00 FEET; THENCE RUN
NORTH 44'59'16" WEST FOR A DISTANCE OF 20.00 FEET,' THENCE RUN
NORTH 45'00 '44" EAST FOR A DISTANCE OF 20.00 FEET,' THENCE RUN
SOUTH 44'59'16" EAST FOR A DISTANCE OF 20.00 FEET,' THENCE RUN
SOUTH 45'00'44" WEST FOR A DISTANCE OF 10.00 FEET TO THE POINTOF
BEGINNING OF THE 20 FOOT BY 20 FOOT EASEMENT HEREIN DESCRIBED.
BEGIN AT THE AFOREMENTIONED POINTE; THENCE RUN SOUTH 40'19'40"
WEST FOR A DISTANCE OF 108.74 FEET TO THE POINTOFTERMlNUS OF
THE' CENTERLINE HEREIN DESCRIBED.
NOTES:
1.) BEARINGS SHOWN HEREON REFER TO Kf'ST LINE OF SEC710N 30, TOWNSHIP 48 soum,
RANGE 26 EAST AS BEING N 02'00'05" W.
2.) SUBJECT TO EASEMENTS, RESERVA nONS AND/OR RESTRIC710NS OF RECORD.
3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF.
4.) THE SIDE UNES OF THIS 10 FOOT WIDE EASEMENT ARE TO BE EXTENDED OR SHORTENED
TO MEET A T ANGLE POINTS AND TO TERMINA TE A T THE Kf'ST UNE OF SEcnON 30,
/. . /l.al"t48 s. ,~~~' RANGE 26 EAST.
l/;/it'. - ~- ./ / "_~~rtl7
SIGNATURE _ _ ' 7 ',DATE SIGNED:
ERIC V. SANDOVAL (FOR lliE P1~~.1.B-734)
PROFESSIONAl SURVEYOR ANIiIilAPF'ER
FLORIDACERTIFI~TENO.5~ ~.... __
- THIS IS NOT A SURVEY-
DRAWN BY: J.P. JOB NO.: 04566.00 SHEET 6 OF 11
(23&)
LEGAL DESCRIPTION
FLORIDA POWER AND LIGHT COMPANY
A 10 FOOT WIDE UTILITY EASEMENT
SECT/ON 30. 7'OIYNSH/P 48 SOUTH. RANCS 26 EASY'.
COkUSR COUNJ'Y, .fi'I-ORfLJA
DATE: .MAY 2005 DRAWING: 4566FPL.DWG
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EASEMENT
Form 3722-A (Stocked) Rev.7/94
Agenda Item No, 1606
July 26, 2005
Page 15 of 20
Work Order No. 333737
Prepared By:
Name:
Co. Name:
Address:
Mark K. Johnson
FP&L Co.
4105 S.W. 15th Ave.
Naples, FI. 34116
Sec. 30, Twp. 48S, Rge. 26E.
Parcel 1.0, 00198640000
(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 "An attached hereto and made a part hereof. Said
legal description and sketch prepared by Jon Peters of TKW Consulting Engineers, 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 all 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
,2005.
day of
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
Approved as to form and
LZfficiency:
.~U~
Ellen T. a well, ASSIstant County Attorney
-- LEGAL DESCRIPTION
10 FOOT WIDE FLORIDA POWER AND LIGHT COMPANY
UTILITY EASEMENT A T NORTH NAPLES REGIONAL PARK
A 10 FOOT WIDE STRIP OF LAND LOCATED IN THE SOUTHWEST 1/4 OF SEcnON 30,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLUER COUNTY, FLORIDA, LYING 5.00 FEET
EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE;
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 30, TOWNSHIP 48
SOUTH, RANGE 26 EAST; THENCE RUN NORTH 02.00'05" WEST FOR A
DISTANCE OF 2772.77 FEET ALONG THE EAST RIGHT-OF-WAY OF LIVINGSTON
ROAD TO THE POINTOFBEGINNING; THENCE RUN NORTH 88.45'36" EAST
FOR A DISTANCE OF 14.59 FEET; THENCE RUN SOUTH 07"59'28" EAST FOR
A DISTANCE OF 75.14 FEET: THENCE RUN SOUTH 87"50'02" EAST FOR A
DISTANCE OF 56.39 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE
SOUTHWEST, WHOSE RADIUS POINT BEARS SOUTH 00.11 '57" WEST, A
DISTANCE OF 327.64 FEET THEREFROM; THENCE RUN SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF
327.64 FEET. THROUGH A CENTRAL ANGLE OF 46.'8'26~ SUBTENDED BY A
CHORD OF 257.65 FEET AT A BEARING OF SOUTH 66.38'50" EAST, FOR AN
ARC LENGTH OF 264.80 FEET TO THE END OF SAID CURVE; THENCE RUN
NORTH 43'15'33" EAST FOR A DISTANCE OF 83.57 FEET TO THE POINT OF
TERMINUS OF THE CENTERLINE HEREIN DESCRIBED.
NOTES:
1.) BEARINGS SHOWN HEREON REFER TO l'tf'ST LINE OF SEC170N 30, TOWNSHIP 48 SOUTH,
RANGE 26 EAST AS BEING N 02"00'05- W.
2.) SUBJECT TO EASEMENTS. RESERVA 170NS AND/OR RESTRICTIONS OF RECORD.
3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF.
4.) THE SIDE LINES OF THIS 10 FOOT WIDE EASEMENT ARE TO BE EXTENDED OR SHORTENED
TO MEET A T ANGLE POINTS, TERMINA TE PERPENDICULAR TO THE END OF THE CENTERLINE,
~. AND, ~fET ~E: ~~T ,RIGHT-or - WA Y LINE or LI'ANGSTON ROAD.
~ j( ~44~., ~.2.?-o5
SIGNAl1.IRE . _; _ _ ~ ' _ DATE ~IG!"ED:
ERIC V, SANDOVAL(FORJHEFIRM.~ '. :
PROFESSIONAL SURVEYO~ AND MAPPER. -
FLORIDA CERTIFICATE NO. 6223 _- --
~N
.. THIS IS NOT A SUR VEl' ..
DRAWN BY: J.P. JOB NO.: 04566.00 SHEET 1 OF 2
LEGAL DESCRIPTION
FLORIDA POWER AND LIGHT COMPANY
A 10 FOOT WIDE UTILITY EASEMENT
sscrION 30. rOIYNSHIP 4B SOUrH. RANCS 26 SASr.
(23")
DATE: JUNE 2005
DRAWINC: 4566-1FPL.DWC
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Agenda Item No. 1606
July 26, 2005
Page 18 of 20
EASEMENT
Form 3722.A (Stocked) Rev.7/94
Sec. 30, Twp. 48S, Rge. 26E.
Parcell.D. 00199282302
(Maintained by Property Appraiser)
Prepared By:
Name:
Co. Name:
Address:
Mark K. Johnson
FP&L Co.
4105 S.W. 1511I Ave.
Naples, FI. 34116
Work Order No. 117068
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 Jon Peters of TKW Consulting Engineers, 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 all 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
,2005.
day of
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
Approved as to form and
Leg1 sufficiency:
.~ tY- (LL,ArT-A- __
Ellen T. Chadwell, Assistant County Attorney
"
EXHIBIT
page-L-. of
.-2.
,
LEGAL DESCRIPTION
10 FOOT WIDE FLORIDA POWER
AND LIGHT COMPANY EASEMENT
A 10 FOOT MDE STRIP OF LAND LOCATED IN THE SOUTH~ST 1/4 OF SEC"ON Ja TOMlSHIP
48 SOUTH, RANGE 26 EAST, COlUER COUNTY, nOR/DA, BaNG MORE PAR"CULARL Y
DESCRIBE/) AS FOLLOWS:
BEGIN A T THE SOUTHfEST CORNER or SEC"ON Ja TOINSHIP 48 SOUTH, RANGE 26 EAST; THENCE
RUN NORTH 02'00'05- 1ff'ST, ALONG THE EASTERLY RIGHT-or-WAY UNE OF UWlGSTON ROAD (A
275 FOOT RIGHT-OF-WA >1 THE SAME BaNG THE Iff'ST UNE or THE SAID SOUTH~ST QUARTER or
SECTION Ja FOR A DISTANCE OF 1aOf FEET; THENCE RUN S()(jTH 89"58'J8- EAST FOR A DISTANCE
or 3,478.94 FEET TO A POINT ON THE fESTERLY RIGHT-or-WAY UNE or INTERSTATE 75; THENCE
RUN $OUTH IITJJ'42- EAST ALONG SAID RlGHT-or-WA Y UNE, FOR A DISTANCE or 10.19 FEET;
THENCE RUN NORTH 89"58'Jlr JJfST FOR A DISTANCE or 3,480.55 FEET TO THE POINTOF
BEGINMNG OF THE PARCEL OF LAND HEREIN DESCRIBED,' crJoITAlNING a 799 ACRE, MORE OR LESS.
NOTES:
1.) BEARINGS SHOVtN HEREON REFER TO ttf"ST UNE OF SECllON 30, TOVtNSHIP 48 SOUTH,
RANGE 26 EAST AS BEING N 0200'05- W.
2.) SUBJECT TO EASEMENTS, RESERVA llONS AND/OR RESTRICllONS OF RECORD.
3.) DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS THEREOF.
fA tt,~'i-Z7-os
SIGNATURE .- : - :-- ~T~ SIGNED:
ERIC V. SANDOVAl (FoR TH~EIRM-t.8--nl) : '
PROFESSIONAL S~RAND MAPPER - _"-
FLORIDA CERTIFICATE NO, 5223 _ _ -"
'" THIS IS NOT A SURVEY'"
DRAWN BY: J,P. JOB NO,: 04566.00 SHEET 1 OF 2
environmental · civil · structural · survey
...1 Ba~_r Dri..
fo="ort IVtv_,-_. Fla..-Id. 33Cit,2
(238) 278-" 992 FAX (2319) 278-0Sl22
E-IVIAIL lk\olVGtk,^,onllne.com
C.rtJflc_tlon .,. 734
LEGAL DESCRIP110N
10 FOOT WIDE FLORIDA POWER
AND LIGHT COMPANY EASEMENT
SEC'r'EON 90. roITNSHEP -18 SOU7'H, RAH~E 26 EAS7'.
COUEER COUN7'J'; '.LOmOA
DATE: JUNE 2005 DRAffINC: SOUTHBNDYESMT
'" THIS IS NOT A SURVEY'"
DRAWN BY: J.P JOB NO.: 04566.00 SHEET 2 OF 2
SKETCH TO ACCOMPANY LEGAL DESCRIFTION
A 10 FOOT WIDE FLORIDA POWER AND UCHT
COMPANY EASEMENT
SECT/ON 30, TO"NSH/P 48 SOUTH, RANCK 26 EAST.
COUIER COUNTY. FLOR.flJA
DATE: JUNE 2005 DRJ.rINC: SOUTHBNDYESJlT.DfC
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LEGEND
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environmental · civil · structural · survey
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(23Q,. 278-'1992 FAX (230') 27&_0'"'22
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C_rtlftcatlon I" 734
Agenda Item No, 16D6
Page 20 of 20
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Agenda Item No, 1607
July 26, 2005
Page 1 of 9
EXECUTIVESU~Y
Recommendation to grant a Deed of Conservation Easement to the South Florida Water
Management District for the Vanderbilt Beach Parking Garage at a cost not to exceed
$45.00, Project 90295.
OBJECTIVE: To comply with South Florida Water Management District (SFWMD) Permit No. 11-
02410-P requirements for the development of the Vanderbilt Beach Parking Deck.
CONSIDERATIONS: This project is planned for the construction of 342 parking spaces with restroom
facilities at the site of the current surface parking near the west end of Vanderbilt Beach Road. This area
is highly used for public beach access parking and may be used for evening functions by the nearby hotel.
Contract 05-3582 "Design Services for Vanderbilt Beach Parking Garage" in the amount of $420,010 was
awarded to Walker Parking Consultants, Inc., on March 23, 2004, Agenda Item 16.E.7. The Site
Development Plan was approved on February 22, 2005. On March 22, 2005, Agenda Item 1O.A" the
Board approved the award of a construction contract to Vanderbilt Bay Construction, Inc, in the amount
of $7,596,000. On April 12, 2005, Agenda Item 16,F.6., the Board approved a Commercial Paper
Financing Resolution subsequent to Finance Committee action.
.-
The final environmental permits were issued on May 18,2005 and construction began on May 31,2005,
with completion planned for early next year. A location map and vicinity map are attached for reference,
The County-owned property is subject to the regulatory jurisdiction of the SFWMD. The County must
adhere to the requirements of SFWMD Permit No. 11-02410, which provides for the on-site red
mangrove wetlands to be placed under a conservation easement, and areas starting from the perimeter of
the building to the toe of slopes of the fill will be planted with herbaceous vegetation to provide support
to the preserved wetlands, The County is responsible for the implementation of a preserve management
plan for .maintaining the Deed of Conservation Easement (Conservation Easement) area. The
Conservation Easement encumbers 2.56 acres.
The SFWMD, the Facilities Management Department, and the County Attorney's Office have approved
the attached Conservation Easement outlining the responsibilities of each party. The Conservation
Easement shall run with the land and remain in full force and effect forever.
FISCAL IMPACT: Funds of $45.00 for recording of the Conservation Easement are available in the FY
05 budget for this action in Project 90295.
GROWTII MANAGEMENT IMPACT: There is no impact to the Collier County Growth
Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the attached Conservation
Easement to South Florida Water Management District; authorize Chairman Coyle to execute the
Conservation Easement on behalf of the Board; and authorize the recording of the Conservation Easement
in the Public Records of Collier County, Florida.
.-.
PREPARED BY: Toni A. Mott, Manager, Property Acquisition & Sales, Real Estate Services /
Facilities Management Depar1ment
Agenda lrem No, 1607
July 26, 2005
Page 2 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
1607
Meeting Date
RecommendatIon to grant a Deed of Conservalion Easement to the South Florida Water
Management District fer U,e VanderbIlt Beach Park.ing Garage at a cost not to exceed
$45.00. Project 90295
7i26/2005 9:00,00 AM
Approved By
Skip Camp, C.F.M.
Facilitiu Manaqement Director
Oat.
Adminis.trativl? Services
Facilities Managttmfl:nt
7 i8:2005 11 :08 AM
Approved By
Charles E. CarriJl~It<m. Jr..
SRlWA
Real Estate Services Manager
Date
Administrative Services
Facilities Management
7/11/20058:51 AM
Approved By
Amanda Townsend
Op4!ration'!O Coordinator
Datr.
Puhlic SC!rvicu
P,lrk,. milt Rllcruatiotl
7i11/200S 9:39 AM
Approved By
W..yne Boyer
Director
Date
Public SNvices
Parks and Recreation
7/1112005.4:44 PM
Approved By
Marla Rmn$ey
Public; Services Adrllinititrator
Date
Public Services
Public Services Admm,
7112":0054:28 PM
Appro'Yed By
OMS Coordinatol
Administrative Assist<Olt
Date
County Manager's Office
Office of Management & Budget
7113.'200511:13 AM
Apprond By
Mark Is,u:kson
Budget Analvst
Oatl~
County Manager's Office
Office of Management & Budget
71131200511:4& AM
Approved By
Michael Smykowswi
Management 0\ Budget Director
DatC'
CI)Unty Manager's. 01ti(:~
Office (If Millli~lnlnent & Budget
7/13120055:55 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
COUll tv Mallilyer''$ Office
7/14/20054:33 PM
Approved By
G.lryMd\lpin
Costal Proje(:t Manugr.r
D.utl~
County M.anager's Office
Touri!.m
7/1$f200510:35AM
Agenda Item No. 1607
July 26, 2005
Page 3 of 9
Project: Vanderbilt Beach Parking Deck
Permit: 11-02410-P
Folio: 00168400005
DEED OF CONSERVATION EASEMENT
THIS DEED OF CONSERVATION EASEMENT is given this _ day
of . 2005, by Collier County. a DOlitical subdivision of the State of
Florida. c/o Parks and Recreation, 3300 Santa Barbara Boulevard. NaDles FL 34116-
6601 ("Grantor") to the South Florida Water Management District ("Grantee"), As used
herein, the term Grantor shall include any and all heirs, successors or assigns of the
Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and the
term Grantee shall include any successor or assignee of Grantee.
WITNESSETH
WHEREAS, the Grantor is the owner of certain lands situated in Collier County,
Florida, and more specifically described in Exhibit A attached hereto and incorporated
herein ("Property"); and
WHEREAS, the Grantor desires to construct The Vanderbilt Parking Garage
("Project") at a site in Collier County. which is subject to the regulatory jurisdiction of
South Florida Water Management District ("District"); and
WHEREAS, District Permit No. 11-02410-P ("Permit") authorizes certain activities
which affect surface waters in or of the State of Florida; and
WHEREAS, this Permit requires that the Grantor preserve and/or mitigate
wetlands under the District's jurisdiction; and
WHEREAS. the Grantor has developed and proposed as part of the permit
conditions a conservation tract and maintenance buffer involving preservation of certain
wetland and/or upland systems on the Property; and
WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is
agreeable to granting and securing to the Grantee a perpetual conservation easement as
defined in Section 704,06, Florida Statutes (2000), over the Property,
NOW, THEREFORE, in consideration of the issuance of the Permit to construct
and operate the permitted activity, and as an inducement to Grantee in issuing the
Permit, together with other good and valuable consideration, the adequacy and receipt of
which is hereby acknowledged, Grantor hereby grants, creates. and establishes a
perpetual conservation easement for and in favor of the Grantee upon the Property which
shall run with the land and be binding upon the Grantor, and shall remain in full force and
effect forever.
The scope, nature, and character of this conservation easement shall be as
follows:
1. It is the purpose of this conservation easement to retain land or water areas
in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and
to retain such areas as suitable habitat for fish, plants or wildlife, Those wetland and/or
upland areas included in the conservation easement which are to be enhanced or created
pursuant to the Permit shall be retained and maintained in the enhanced or created
conditions required by the Permit.
Standard Passive Recreation form - July, 2001
1 of 4
Agenda Item No, 16D7
July 26, 2005
Page 4 of 9
To carry out this purpose, the following rights are conveyed to Grantee by this
easement:
a. To enter upon the Property at reasonable times with any necessary
equipment or vehicles to enforce the rights herein granted in a manner that will not
unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the
time of such entry; and
b. To enjoin any activity on or use of the Property that is inconsistent
with this conservation easement and to enforce the restoration of such areas or features
of the Property that may be damaged by any inconsistent activity or use.
2. Except for restoration, creation, enhancement, maintenance and monitoring
activities, or surface water management improvements, which are permitted or required
by the Permit, the following activities are prohibited in or on the Property:
a. Construction or placing of buildings, roads, signs, billboards or other
advertising, utilities, or other structures on or above the ground;
b. Dumping or placing of soil or other substance or material as landfill,
or dumping or placing of trash, waste, or unsightly or offensive materials;
c. Removal or destruction of trees, shrubs, or other vegetation, except
for the removal of exotic or nuisance vegetation in accordance with a District approved
maintenance plan;
d, Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or
other material substance in such manner as to affect the surface;
e. Surface use except for purposes that pennit the land or water area to
remain in its natural condition;
f, Activities detrimental to drainage, flood control, water conservation,
erosion control, soil conservation, or fish and wildlife habitat preservation including, but
not limited to, ditching, diking and fencing;
g. Acts or uses detrimental to such aforementioned retention of land or
water areas;
h. Acts or uses which are detrimental to the preservation of any
features or aspects of the Property having historical or archaeological significance.
3. Passive Recreational Facilities. Grantor reserves all rights as owner of the
Property, including the right to engage in uses of the Property that are not prohibited
herein and that are not inconsistent with any District rule, criteria, the Pennit and the
intent and purposes of this Conservation Easement. Passive recreational uses that are
not contrary to the purpose of this conservation easement may be permitted upon written
approval by the District. '
a. The Grantor may conduct limited land clearing for the purpose of
constructing such pervious facilities as docks, boardwalks or mulched
walking trails.
b. The construction and use of the approved passive recreational
facilities shall be subject to the following conditions:
i. Grantor shall minimize and avoid, to the fullest extent
possible, impact to any wetland or upland buffer areas within the
Standard Passive Recreation form - July, 2001
20f 4
Agenda Item No, 1607
July 26, 2005
Page 5 of 9
Conservation Easement Area and shall avoid materially diverting the
direction of the natural surface water flow in such area;
ii. Such facilities and improvements shall be constructed and
maintained utilizing Best Management Practices;
iii. This conservation easement shall not constitute permit
authorization for the construction and operation of the passive
recreational facilities. Any such work shall be subject to all
applicable federal, state, District or local permitting requirements,
4. No right of access by the general public to any portion of the Property is
conveyed by this conservation easement.
5. Grantee shall not be responsible for any costs or liabilities related to the
operation, upkeep or maintenance of the Property.
6, Grantor shall pay any and all real property taxes and assessments levied by
competent authority on the Property.
7. Any costs incurred in enforcing, judicially or otherwise, the terms, provisions
and restrictions of this conservation easement shall be borne by and recoverable against
the nonprevailing party in such proceedings,
8. Enforcement of the terms, provisions and restrictions of this conservation
easement shall be at the reasonable discretion of Grantee, and any forbearance on
behalf of Grantee to exercise its rights hereunder in the event of any breach hereof by
Grantor, shall not be deemed or construed to be a waiver of Grantee's rights hereunder.
9. Grantee will hold this conservation easement exclusively for conservation
purposes. Grantee will not assign its rights and obligations under this conservation
easement except to another organization qualified to hold such interests under the
applicable state laws,
10. If any provision of this conservation easement or the application thereof to
any person or circumstances is found to be invalid, the remainder of the provisions of this
conservation easement shall not be affected thereby, as long as the purpose of the
conservation easement is preserved.
11. All notices, consents, approvals or other communications hereunder shall
be in writing and shall be deemed properly given if sent by United States certified mail,
retum receipt requested, addressed to the appropriate party or successor-in-interest.
12. This conservation easement may be amended, altered, released or revoked
only by written agreement between the parties hereto or their heirs, assigns or
successors-in-interest, which shall be filed in the public records in Collier County.
TO HAVE AND TO HOLD unto Grantee forever, The covenants, terms,
conditions, restrictions and purpose imposed with this conservation easement shall be
binding upon Grantor, and shall continue as a servitude running in perpetuity with the
Property.
Grantor hereby covenants with said Grantee that Grantor is lawfully seized of said
Property in fee simple; that the Property is free and clear of all encumbrances that are
inconsistent with the terms of his conservation easement and all mortgages have been
joined or subordinated; that Grantor has good right and lawful authority to convey this
conservation easement; and that it hereby fully warrants and defends the title to the
conservation easement hereby conveyed against the lawful claims of all persons
whomsoever,
Standard Passive Recreation form - July. 2001
3 of 4
Agenda Item No, 1607
July 26, 2005
Page 6 of 9
IN WITNESS WHEREOF the said Grantor has caused these presents to be
executed in its name by its Board of County Commissioners acting by the Chairman or
Vice Chairman of said Board, the day and year aforesaid.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, CHAIRMAN
~ IS to f~/l~~J
(AN
Assistant CountJ Attorney
E". T. CMMll
South Florida Water Management District
Legal Form Approved:
Date: July, 2001
Standard Passive Recreation form - July, 2001
40f 4
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Agenda Item No, 16D7
July 26. 2005
Page 7 of 9
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Agenda Item No, 16D7
July 26,2005
Page 9 of 9
-
Agenda Item No, 1608
July 26, 2005
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation to award Work Order #VC.02.34 in the amount of $63,429
to Wm. J. Varian Construction Co., Inc. for the purchase and installation of
new filters for the swimming pool at Immokalee Sports Complex
Objective: To maintain high-quality park facilities at the lowest possible cost.
Considerations: The filters for the swimming pool at Immokalee Sports Complex are
in need of replacement The Parks and Recreation Deparbnent sent invitations to quote to
the three general contractors on annual County bid. Quotes received were as follows:
Wm. J, Varian Construction Co, Inc. $63,429
Surety Construction Company $68,383
Professional Building Systems, Inc. $72,230
Fiscal Impact: Funds are available in the Immokalee Pool Project (80169) within the
Parks Improvement CIP Fund (306),
--
Growth ManaGement Impact: The Immokalee Sports Complex is inventoried in the
Collier County Growth Management Plan.
Recommendation: That the Board of County Commissioners awards Work Order
#VC-02-34 in the amount of $63,429 to Wm. 1. Varian Construction Co., Inc. for the
purchase and ins1allation of new filters for the swimming pool at Imrnokalee Sports
Complex.
Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation
---
Agenda Irem No, 16D8
July 26, 2005
Page 2 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
11em Number
Item Summary
1608
Meeting O.te
Recommendation to award Work Order #VC-Q2-34 in the amour,t of $63.429 to Wm
Varian Construction Co., Inc. for the purchase and installalion 01 new filters tor the
sWimming pool at lmmokalee SpOr1S Complex
"7i26/2005 9:00.00 AM
Approved By
Kathy Carpenter
Executive Sec~tary
Date
Publi.c Services
Public ServIces Admin.
7112/200512:19 PM
Approved By
Lindn Jack!i-on
COlllruct!. Alllmt
Datil!
Adminis.trative Services
Purchasing
7112/200512:2-4 PM
Apprond By
Marla Ramsey
Public Ser\lices Adminl1;tralor
Date
Public Sl~rvlces
Public Service!i Admin.
7112/20052:28 PM
Approved By
Steve Carnell
PurchasinglGener<l1 Svcs Director
0...
Administrative Services.
Purchasing
7i13/2005 7:52 AM
Approved By
Wayne Boyer
Director
Datt>
Pu blic SNvice$
Parks und Recroatiofl
7i13f2005 8:29 AM
Approved By
OMS Coordinator
Admini$tralive Assistant
Date
County Manager's Office
Office of Man~ernent & Budget
7i13/200S 11:16 AM
Approved By
SUS;U) U$her
Senior M<lnag4!mlmtJBudget Analyst
Dilte
County Manager's Office
Oftk.e of Management & Budget
1/1"'120056:34 PM
Approved By
James; V, Mudd
County Manager
Date
Bf);lni uf County
C{)f"lmj$$jolu~rs
County Manager's Office
7;15/20055;26 PM
Agenda Item No, 1608
July 26, 2005
Page 3 of 10
WORK ORDER # YC-02-34
"General Contractor's Services"
RFP # 02 - 3349, Dated June, 2002
This Work Order is for General Contracting Services, subject to the terms and conditions
of the Contract referenced above, for Work known as:
PROJECT: Immokalee Pool Filter Replacement.
This work is specified in the proposal from WM. 1. Varian Construction Co., INC dated
7/08/05, and is attached hereto.
Scope:
Provide supervision, labor and material to remove 5 existing filters and replace with 3
new filters for the swimming pool at Immokalee Sports Complex.
1. The contract calls for the removal and replacement of the existing 5 filters and
replace with 3 new filters.
a. Purchase and install (1) TPN NFS 422-100-200T-3 National Filter2 Three
Tank Filter system.
b. Single Grade Permanent Media Filtration
c. 100 PSI Composite Tank with clear viewing window
d. Non-Corrosive FRP Saddle Support Base
e. Hydraulic 6" composite three-way back wash valves.
2, (1) EV NFS-BW-DPH-03-00 Automatic Backwash Control, Micro for 3 tanks.
3. (192) EM MWII, 49 Mystic White II Filter Media .49mm 1.4 DC, 50 lb bags.
4. ' Tie into existing supply, return, and backwash line as required per Collier County
code.
Hard wiring of existing Hydro- Force pump.
System start-up and balance.
Proper removal and disposal of old filters and sand from jobsite.
Extension of existing concrete equipment pads by 4',
Placement of filters on pad and filling filters with sand,
5. Removal of Fence and reinstall.
6, Site must be returned to original condition and all debris associated with the
project shall be removed from site
This proposal dated July 08,2005 from WM. J. Varian Construction Co., INC, which
is attached hereto and made part of this Work Order in accordance with Terms and
Conditions of the Agreement referenced above,
Work order YC-02034 assigned to WM. J. Varian Construction Co., INC.
Schedule of Work: Complete within 90 calendar days from date of Notice to Proceed.
Agenda Item No, 1608
July 26, 2005
Page 4 of 1 0
Compensation: In accordance with Item No.3 of the Agreement, the County will
compensate the Firm in accordance with the lump sum amount provided in the schedule
below.
TOTAL FEE $63,429.00
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.
REVIEWED BY:
Wayne Boyer, Director
Department of Parks and Recreation
Date
ATTEST:
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
By:
By:
Deputy Clerk
Fred W. Coy Ie, Chairman
Date:
WM.1. V ARlAN C~UC~ION CO., INC
By: ,Ji)1N.- Sa.....----...
WM. J. Varian, President
ATTEST:
Signature .. . :
~~~
{\1AR;E E, VMIAD ( SEC.-ItetMj
Type Name and Title
(0<) Wi'7'~:szJ
(1) ~L , _
. /Bfgnature
/>^~--,"'~
_RU4N S MI {':1
(2) ~ ~.
Signawre
fV\ a., k
( fv Pi Ijt?J
Agenda Item No, 16D8
July 26,2005
Page 5 of 10
Approved as to Form and Legal Sufficiency:
Robert Zachary, Assistant County Attorney
"'iioi_
FROM UARIAN CONST
PHONE NO. 2397320820
JuIAg~dj~~fu ~:~W Pl
July 26, 2005
Page 6 of 1 0
SCOPE OF SERVICE FOR IMMOKALEE SPORTS COMPLEX
REMOV AL , REPLACEMENT, AND HOOK-UP OF POOL FItTERS
The scope of service for the removal of five filters, replacing with three new filters,
including hook-up, at the Immokalee Sports Complex shall consist of the following:
1. Purchase and install (1) TPN NFS 422-1 QO..200T -3 National Filter F2 Three Tank
Filter System
Single Grade Permanent Media Filtration
100 PSI Composite Tank with clear viewing window
Non-Corrosive FRP Saddle Support Base
Hydraulic 6" composite three-way Backwash Valves
2. (1) EV NFS-BW-DPH-03-00 Automatic Backwash Control, Micro for 3 Tanks
3. (192) EM MWII.49 Mystic White IT Filter Media49mm 1.4 DC. 50 Ib bag
4. Tie in to existing supply, retUrn, and backwash line as required per code
Hard wiring of existing Hydro-Force ptlmp
System start-up and Balance
Removal of old Filters and sand fromjobsite
Extension of existing concrete equipment pads by 4'
P1ac:ement of filters on pad and filling filters with sand
5. Remove fence and reinstall
6. Site must be returned to original condition and all debris associated with the
project sball be removed.
Please provide a lump sum cost.
WM. J_ VARIAN CONSTRUCTION CO., INC.
WN~f~~:'_. ,
By: WM~J.\1~~IDENT
$ 63,429.00
Thank you.
Collier County Parks and Recreation Department
Bids due 3:00 pm on July 8,2005 at Parks and Reoreation Administration Office or faxed
c/o Murdo Smith. 239-353-1002.
FROM VARIRN CONST
PHONE NO. 2397320820
JulAg~~bj~~rl, ~:4a~ Pl
July 26, 2005
Page 7 of 10
SCOPE OF SERVICE FOR IMMOKALEE SPORTS COMPLEX
REMOV AL . REPLACEMENT, AND HOOK-UP OF POOL FItTERS
The scope of service for the removal offive filters, replacing with three new filters,
including hook-up, at the Immokalee Sports Complex shall consist of the following:
1. Purchase and install (1) TPN NFS 422-l00-200T-3 National Filter F2 Three Tank
Filter System
Single Grade Permanent Media Filtration
'100 PSI Composite Tank with clear viewing window
Non-Corrosive FRP Saddle Support Base
Hydraulic f?' composite three-way Backwash Valves
2. (1) EV NFS-BW -DPH-03-00 Automatic Backwash Control, Micro for 3 Tanks
3. (192) EM MWII.49 Mystic White II Filter Media.49mm 1.4 UC, 50 Ib bag
4. Tie in to existing supply, retUrn, and backwash line as required per code
Hard wiring of existing Hydro-Force pump
System start-up and Balance
Removal of old Filters and sand from jobsite
Extension of existing concrete equipment pads by 4'
Placement of filters on pad and filling filters with sand
5. Remove fence and reinstall
6. Site must be retwncd to original condition and all debris associated with the
project shall be removed.
Please provide a lump sum cost.
WM. J_ V~RIAN CONSTRUCTION CO., INC.
Lv N~e-lf~~~ ... -. ,
By: WM~J.\1~~IDENT
$ 63,429.00
Thank you.
CoUier County Parks and Recreation Department
Bids due 3:00 pm on July 8. 2005 at Parks and Recreation Administration Office or faxed
clo Murdo Smith., 239-353-1002.
JUL-08-2005 FRI 02:53 PM SURETY
FAX NO. 9927977
P. 02/02
Agenda ltelTbN,Q.., 16D8
Ju19~ 2005
Page 8 of 10
JUN-29-2eelS 16: 32
COLLIER CO PRK
SCOPE OF SERVICE FOR.IMMOKALEE SPORTS COMPLEX
REMOV AI.. , REPLACEMENT, AND HOOK-UP OF POOL FlLTBRS
The scope of seMoe for the removal of five filcas, tepJacing with three DeW filters,
incllXli1le hook-up, It the 'ntYlloblee Spans Complex abaU coosiat of1hc followiDg:
1. Puzdwe and iDsIall (1) TPN NFS 422M I 00-200T -3 Natioaal Fiber F2 Three Ta
Filter SySlaD
SiDgJe Orade PeImaDca:t Media Filtnltion
100 PSI CoInposite Taakwi1h cl~viewiQC window
Non-Coftosive FRP Saddle SUppOrt BUe
~drauli.c 6" composib:- three-way Backwash Valvas
2 (1) BY NFSMBW-DPH.o3.oo AutomItic Backwub Control. Micro for 3 Taub
3. (192) EM MWD.49 Mystic Wbi18 D Filter Media.49mm 1.4 tJCJ SO 1b hai
4. n. in to exillioa supply, retum, and backwesh line u required per code
Bald wiriD.s of exiItiDg Hydro-Force pump
System stIIrt-qp and Ba1ance
R.emowJ of old FUten lad IIDCl fromjobsite
'P.YbIJftMnII at existing coacreIe equipmellt pads by 4'
PJ..---wt of fUtc:a OD pad IIIId filJiDe fl.hers with .sand
S. Raaovc fcDcc md reinstall
6. Site mUlt be zetumed to oripw condition aad all debris associated with the
project sball be maovcd.
P1eae provide . lump sum cost.
ThInk you.
Colli<< Cowny Parks and R.eaeatiou Oeper!m=
Bids due 3:00 pm OIl July 8. 2005 at PIIb and R.eeteatioll. .AdmiBiItad:ion Office or faxed
cia Murdo Smith, 239-353-1002.
'. ,
,
TOTFL P. 212
07/05/2005 09:42
2395431080
PRO BUILDING SYSTEMS
PAGE Ell
Agenda Item No, 1608
July 26, 2005
Page 9 of 10
GENERAL CONTRACTORS
CONSTRUCTION MANAGERS
4395 Corporate Sauare" Naples. FL 34104-4754" Phone: 239/643-6527" Fax: 239/64:3.2767" PBScontractors.com
7/8/2005
Mr. Murdo Smith
Parks and Recreation
Collier County Government
33000 Santa Barbara Boulevard
Napk:s, Fl 34116
RE: Pavers Pool Filter Replacement at the Immokalee Pool
Mr. Smith,
Professional Building Systems is pleac;ed to present for your consideration this Lump
Sum Construction Services proposal for the removal and replacement of the existing pool
filters at the lmmokalee Pool. Our propo5a1 is based on your RFP issued 6/29/05.
1. Removal and proper disposal oftne existing pool filters and sand.
2. The addition ofapprox. 40 SF of 4" concrete slab for the new filter if required.
3. Furnish and install one (1) TPN NT'S 422-100-200T-3 National Filter F2 Three
Tank Filter System, one (1) EV NFS-BW-DPH-02-00 Automatic Backwash
Contro!. Micro for three (3) tanks.
4. Furnish and install EM MWIL 49 Mystic White Filter Media 49mm as required.
5. Tie in all plumbing and valves as required.
6. Hard Wire the existing Hydro Force pump.
7. Wiring of any and all pumps is assumed to pick up electrical power within 10' of
the pump location'l. New electrical panels. sub panels, engineering or "off-pad"
underground electrical feeder are NOT included,
R. System start up and balance,
9. All related debris will bc removed and disposed of properly.
10, Remove and replace all fencing and landscaping as needed.
Ii. All related debris (and the existing stairs, of course) will be removed and disposed
of properly.
PBS presents for your consideration this proposal in the amount of Seventy Two
Thou~and, Two Hundred Thirty Dolla" snd 00/00 dollars (72,230.00)
exclusions:
Permits, Impact Fees, Pennit Fees
Engineering and or site development plans
07/05/2005 09~42
2396431080
PRO BUILDING SYSTEMS
t-'Abt:. I:':G
Agenda Item No, 1608
July 26, 2005
Page 10 Qf 10
Temporary T oilet~
We trust this proposal is useful to you, and will aid in the selection ofPBS as your
contractor. If there is anything r can do. or if you have any questions, please do not
hcsit-ate to call me.
PROFESSIONAL BUILDING SYSTEMS
&~hoJP
Ban Zino
Vice President
Agenda Item No, 16D9
July 26, 2005
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to reject Bid No. 05-3824 for Phase II Improvements to
Eagle Lakes Community Park
Obiective: To make scheduled capital improvements to park facilities within budgetary
constraints.
Considerations: Phase II Improvements to Eagles Lakes Community Park include
construction of two tennis courts, two pavilions, and one interactive water feature;
moderate renovations/improvements to existing rest room facilities; the installation of a
new concrete sidewalk from the park entrance; construction of a new 3000 sq. ft. metal
maintenance building (including fire main extention to the new structure); and moderate
landscaping improvements.
-
Invitations to bid were sent to 175 contractors. Bradanna, Inc, was the sole respondent.
The base . bid provided was $928,400. This amount is over 50% greater than the
engineer's estimate and budgeted funds. Staff plans to revise the scope of work of the
project and either reissue invitations to bid or use vendors on continuing contract to
accomplish the most pressing elements of Phase II within budgetary constraints, Staff
anticipates that award of a contract to construct the interactive water feature can be
signed by the County Manager in the BCC's absence in August.
Fiscal Imoact: F\D1ds in the amount of $500,000 are budgeted in the Eagle Lakes
Community Park Phase II projects in the Parks Capital Projects Fund 306 within the FY
05 budget.
Growth ManaGement Impact: Eagles Lakes Community Park is inventoried in the
Growth Management Plan.
Recommendation: That the Board of County Commissioners rejects Bid No, 05-3824
for Phase II Improvements to Eagle Lakes Community Park.
Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation
-,
Agenda Item No, 16D9
July 26, 2005
Page :2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16D9
Meeting Date
Recommendalion to reject Bid No 05.3824 for Phase II Improvements to Eagle Lakes
Community Park.
7/26/20059:00:00 AM
Approyed By
Kathy Carpenter
Executive Secretary
Date
Public SmviCl!s
Public S~rvic:el> Admitl.
7'6120051:14 PM
Approyed By
Mike Hauer
Acquisition Manager
Oat.
AdminisLrative Service'S
Pun:kasing
7f1120Q& 3:16 PM
Approved By
Way'w Boyer
Dimc:tor
D<ltl~
Public Services.
Parks and Recreation
7/8/200510:37 AM
Approved By
Marla Ramsl?Y
Public Services AdrninistrntDr
Date
Puhlic Servi(:es.
Public S(!f'Vil:t!$ Adrnin.
7/13120059:52 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
7i13t20DS 11:Q7 AM
Approved By
Sus.an Usher
Senior Management/Budget Analyst
Date
County Manager's 01fic."e
Offic.e of ManOlgement &. Budget
7/14,'20D5 12:50 PM
Approved By
Jamm;, V. Mudd
COlin tv Manager
Oatr.
Board of County
Commissioners
County M<UUI~Jll"S Offkl!
7/14/2005 2:040 PM
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Agenda Item No. 16D1 0
July 26, 2005
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation to recognize additional revenue and approve a budget amendment
for an additional $96,029 authorized by the State Aid to Library Program for
Collier County Public Library.
OBJECTIVE: To recognize and approve a budget amendment for an additional $96,029
that the Collier County Public Library System is authorized to receive in State Aid for FY
2005.
, CONSIDERATIONS: The Board approved submission of the Application for State Aid
on September 21, 2004. (Item number 16.d.2) Florida Statutes stipulate the manner in
which these funds may be expended.
,,""""""
State Aid to Libraries is, by legislative intent, provided to improve library services within
the State and is to supplement, rather than replace, local efforts towards that end. The
Collier County Public Library has qualified for State Aid to Libraries since the program
inception in 1964. State Aid was included as anticipated revenue ($320,000) in the FY
2005 Collier County Library Grant Fund Budget. The actual amount of State Aid
received depends on the number of Florida counties qualifying, the amount of funds
appropriated by the Florida Legislature, and the amount of local support provided to
Collier County Public Library.
This program was funded by the Legislature at a level that will provide $416,029 to
Collier County in FY05, which is $96,029 higher than anticipated in the FY2oo5 Budget.
As local government support for the Library increases, so does the amount returned to
Collier County in State Aid to Libraries.
These funds can be used for any Library expense except fixed capital purchases such as
construction expenses for a new library, and cannot replace local funds. Library staff is
recommending that funds be used to purchase data processing equipment and software
for the Library.
FISCAL IMPACT: The Library Grant Fund (129) Budget for FY 2005 will increase
from $320,000 to $416,029.
GROWTH MANAGEMENT IMPACT: None,
RECOMMENDATION: Staff recommends Board approval of the attached budget
amendment that recognizes this additional State Aid.
Prepared by Kathleen Teaze, Assistant Library Director,
-
Agenda Item No 16010
July 26, 2005
Page 2 of 2
COLLIER COUNTY
BOARO OF COUNTY COMMISSIONERS
Item Number
Item Summary
16010
Meeting a.te
Recommendation 10 recognize and budget an additional $96.029 authori2ed by the State
Aid to Library Program for Collier County Public Ubrarf
7/26/20059:00:00 AM
Prepared By
Date
K.~thle,ell Te<lZtl
Ass.i$tallt Direct(l(
7i112005 10:53:1<4 AM
Public Services.
library
Approved By
Marilyn Matthes
library As'Sislan1 DIrector
Date
Public Servi<:es.
library
bi28/200S 1Z:35 PM
Approved By
Marlene J. Foord
Grants CDordinator
Date
Adminis.trative Services
Administrative Services. Admin
1/5/Z005 1:58 PM
Approved By
Marla Rams.ey
Public Services Administrator
DatE:
Public Sf!t'\Iil:ll'lO
Public: Services Admin.
7/13120Q5 9:54 AM
Approved By
OMB Coordinator
Administl"'3tive Assistant
Date
County Manager's Office
Office of Management & Budget
711312005 10:55 AM
Approved By
G;lry A" Villl:tmt
Mllll..l~wml~"t... Budget Analyst
[)atl~
County Manager's Office
Office of Management & Budget
7/13120053:13 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
CllImty ManaqN':l; Office
Office (If M,Ill11!lI~ment & Budgf!t
7/13/2005 5:02 PM
Approved By
James V. Mudd
County ManageI"'
Date
Board or County
Commissioners
County Manager"s- Office
71101120052:26 PM
,-
Agenda Item No. 16011
July 26, 2005
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve the attached resolution and accept 5500,000 donation
of W. R. Rose Foundation, for the construction of a meeting room at the Marco
Island Branch Library.
OBJECTIVE: To approve the attached resolution and accept $500,000 donation from
W. R. Rose Foundation for the construction of a meeting room at the Marco Island
Branch Library.
CONSIDERATIONS: The W.R. Rose Foundation as offered $500,000 donation to help
pay for the construction of a multipurpose auditorium at the Marco Island Branch
Library. The attached resolution specifies the conditions of the donation. The conditions
are:
A. Donated funds will be expended only for construction of an approximately
4,000 square foot multipurpose auditorium addition to the Marco Island
Branch Library.
,..-...
B. The auditorium shall be named "Rose Hall" and this name shall be displayed
on the outside the building and inside the addition for so long as the addition
exists, and pennanent signage inside of the addition shall specify that the
donation was made by the W .R, Rose Foundation on behalf of William R.
Rose and Myrtle Rose.
C. If construction of this addition is not completed at the end of four (4) years of
receipt ofthe, $500,000 donation, the $500,000 donation shall revert to the W.
R. Rose Foundation,
D. The Donation Agreement shall be approved by County Attorney's Office as to
form and legal sufficiency.
E. lfthe County's Building Naming Policies should hereafter be revised to
become in conflict with the Donation Agreement, the Donation Agreement
shall be fully Grandfathered against all such conflicts and therefore shall not
be affected by any such policy amendments.
F. This Resolution shall apply to current County Manager and his designees and
successors in Office.
,-.
The entire project is expected to cost approximately $1,000,000. The Library has funds
from previous donations and from the Marco Island Friends ofthe Library to pay for this
project. No general funds or Impact Fee Funds are being used in this project. The Library
will contract with a professional firm under fixed-term contracts with the County for the
building and site design work.
Agenda Item No, 16D11
July 26, 2005
Page 2 of 7
The resolution accepting the $500,000 from the W.R, Rose Fmmdation requires the
project be completed within four years. Considering this donation and other funding in
place, the Library anticipates the project can be completed within that time frame, and
built entirely of donated funds.
FISCAL IMP ACT: The projected impact 'Would be $500,000 coming from the Rose
foundation, $130,000 coming from Friends of Marco Island, and $370,000 coming from
the Trust Fund (612).
GROWTH MANAGEMENT IMP ACT: There is no growth management impact
associated with this item.
RECOMMENDATION: Staff recommends approval of the attached resolution
accepting the $500,000 donation from the W .R. Rose Foundation and for the
construction of a meeting room at the Marco Island Branch Library with a budget of
$1,000,000, and to authorize the Chairman to sign the resolution,
Prepared by Marilyn Matthes, Library Director.
-
Agemia item No 16D11
July 26, 2005
Page 3 of "1
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16011
Meeting Date
Recommendation tD approve the aUached resolution and accept $500,000 donation of W
R. Rose Foundation, for the construe !ion of a meeting: room at tile Marco island Branch
Library.
7126/2005 9:00.00 P..M
Prepared By
Date
M<lrilyn MatUws
Library A~si_'5tanl Director
7.'112005 1 D:5:;!:43 AM
Public Services
Library
Approved By
M..uilyn Mutthes
Library Assistant Diredor
Dilte
Public Services.
Libr;Jry
711/20054:2"1 PM
Approyed By
Marla Ramsey
Public ServIces. AdminIstrator
Date
Public SerVices.
Public SerVIces Admin.
7i13:200S 11 :32 AM
Approved By
OMS Coordinator
Administrative A~sistanl
Date
County Manager's Office
Office of Man3gement & Budget
7i13.!2005 1 :34 PM
Approved By
5us.1ll Uslw.r
S~njur Mmlllg~~mentJBlld!J~t Analyst
Dale
County Manager's. Office
Office of Management & Budget
1/14/200511 :29 AM
Approved By
Jam~~ V. MlHid
CounLv Manager
Date
Board of C<)llJ1ty
County Manager's Office
7,;14120052:07 PM
C()lnmi$$illlH~n;
Agenda Item No, 16D11
July 26,2005
Page 4 of?
RESOLUTION NO. 2005 -
A RESOLUTION OF THE BOARD OF COUNTY COMMISSION OF COLLIER
COUNTY, FLORIDA, AUTHORIZING THE COUNTY MANAGER OR IDS DESIGNEE
TO NEGOTIATE AND EXECUTE A WRITIEN AGREEMENT TO ACCEPT A
$500,000 DONATION FROM THE W. R. ROSE FOUNDATION TO BE EXPENDED ON
A 4,000 SQUARE FOOT MULTIPURPOSE AUDITORlUMlHALL ADDITION TO THE
MARCO ISLAND BRANCH LIBRARY
WHEREAS, the W. R' Rose Foundation desires to donate $500,000 to the Collier
County Public Library to be used exclusively to pay for a significant portion of construction
costs of a 4,000 square feet multipwpose auditorium/hall addition (addition") to the Marco
Island Branch Library; and
WHEREAS, said addition shall be named the "Rose Hall" in perpetuity; and
WHEREAS, said addition shall in perpetuity prominently display the name "Rose Hall"
on the outside and inside of the building to acknowledge that the subject donation was donated
by the W. R. Rose Foundation on behalf of William R. Rose and Myrtle Rose; and
WHEREAS, if constmction of the addition is not completed within four (4) years of
receipt ofthe subject donation, all such donated funds will revert to the donor Foundation; and
WHEREAS, the Friends of the Library of Marco Island has facilitated this donation and
the County Manager has requested this delegation of authority, all of which conforms with
County Policies regarding donations and naming of County buildings; and
WHEREAS, to the greatest extent allowed by law the Board will provide the W. R. Rose
Foundation with all ofthe Foundation's requested documentation to acknowledge the tax exempt
status of the subject donation; and
WHEREAS, the Board accepts and approves this request subject to the conditions and
stipulations listed above and below,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
I, The County Manager or his designee is hereby authorized to negotiate and
execute a written donation and Library auditorium/meeting room naming
Agreement with the W. R Rose Foundation and acceptance of the subject
$500,000 cash donation with the following stipulations:
A. Donated funds will be expended only for construction of a 4,000 square foot
multipurpose auditorium addition to the Marco Island Branch Library.
B. The auditorium shall be named "Rose Hall" and this name shall be displayed
on the outside the building and inside the addition fur so long as the addition
exists, and permanent signage inside of the addition shall specify that the
donation was made by William R. Rose and Myrtle Rose,
C. If construction of this addition is not completed at the end offoUT (4) years of
receipt of the $500,000 donation, the $500,000 donation shall revert back to
the W, R. Rose Foundation.
D. The Donation Agreement shall be approved by County Attorney's Office as to
form and legal sufficiency.
E. If the County's Building Naming Policies should hereafter be revised to
become in conflict with the Donation Agreement, the Donation Agreement
shall be fully Grandfathered against all such conflicts and therefore shall not
be affected by any such policy amendments.
F, This Resolution shall apply to current County Manager and his designees and
successors in Office.
Agenda Item No, 16011
July 26, 2005
Page 5 of 7
TffiS RESOLUTION adopted after motion, second and majority vote favoring
adoption.
ATIEST:
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
By:
Fred W, Coyle, Chairman
Approved as to form
and legal sufficiency:
By:
Thomas C. Palmer
Assistant County Attorney
Agenda Item No, 16D11
July 26, 2005
Page 6 of 7
w. R. Rose Foundation
65 South Barrington Road
South Barrington, Illinois 60010
(847) 381-5700
Fax: (847) 304-9111
W. R. Rose, Trustee
Warren R. I':ulJer, Trustee
June 1, 2005
Marilyn Matthes, Library Director
C6T1IL1- Coun-tji"Puhlrn Gl5fm)f~-
2385 Oran!!l..~ Blossom Drive
Naples, Florida 34109
I I I I II
Re: Marco Island Branch Library Auditorium/Meeting Room
("Marco Library Meeting Room")
Dear Marilyn:
In recent weeks we have had several interesting and forward looking discussions concerning
the participation of the W. R. Rose Foundation as a major contributor toward the construction of the
Marco Library Meeting Room. The purpose of this letter is to proceed with an initial fomlat before
proceeding to prepare a definitive agreement.
Project:
Size, zoning and related approval s and thereafter the construction of a Marco
Library Meeting Room to be used for the local library's activities which will
contain not less than four thousand (4,000) square foot of interior space.
Fundin~:
"';"'T - ~ '\~~~';':'-:
Initial. An initial fundin!! 0[$50.000.00 will h~ mR<l~ ilnn nln~M in ~"c'row
upon execution of the formal agreement. These initial funds are intended to
cover, if needed, the estimated costs of obtaihing architectural renderings and
other information necessary to proceed in obtaining required approvals from
the City and other agencies. This will also allow the Library the
encouragement for its necessary fund raising or procurement of sufficient
pledges to proceed ("Conditions Precedent").
\1.~,>:""
Final. Assuming that the Library satisfies the Conditions Precedent and
notifies us that it has sufficient other funds to complete the project, the W.R.
Rose Foundation will fund an additional $450,000.00 to be used solely and
exclusively for the construction of the Marco Library Meeting Room.
Funding of that amount would be made through a customary form of
construction disbursement escrow as funds are required to discharge the cost
of construction.
Agenda Item No, 16011
July 26, 2005
Page? of?
June 1,2005
Marilyn Matthes, Library Director
Re: Marco Island Branch Library Auditorium/Meeting Room (Marco Library "Meeting Room'
Page Two
Recognition:
Escrow:
Plan and
Construction
Review:
Time Limit:
Tax Deductibility:
The name prominently displayed outside and inside at the entrance to the
building will be "Rose Hall" and underneath will be an acknowledged that
the donation was from William R. Rose and Myrtle Rose. The size of the
lettering and the plaques will be as agreed by the parties. The Hall will be
named in perpetuity and the name be used on all program advertising.
;;~1l1~.".';;
od';"tal'd, inba
c/o Craig R. Woodward, Esquire
P.O, Box One
Marco Island, Florida 34146
to be released directly for the construction of the project.
It is understood that as the plans and construction details for the project
become available, that they will be shared with the undersigned. Further, the
undersigned will be kept informed regarding the status of obtaining other
financing, status of construction, and the expected completion date.
.
In the event construction is not completed on or before four ( 4) years from the
date of approval by the Board of Collier County Commissioner of the
Resolution authorizing the delegation of authority to the library director to
accept the donation then in that event all donated funds will revert back to the
donor.
The donation will be tax deductible to the Donor and the Donee will provide
any and all documentation necessary, or as reqUIred to support the tax -
deductibility.
While it is recognized that there are many details to be discussed and implemented, this is
intended to confirm some general principles applicable to proceeding further. Please confirm your
willingness to proceed in this manner.
Very truly yours,
~~
William R. Rose
cc: Craig R. Woodward, Esquire
Warren Fuller. Trustee
,-
Agenda Item No, 16D12
July 26, 2005
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation to authorize the Chairman to sign the Agreement for Collier County
Library Automation Software System, with Innovative Interfaces, Ine., RFP 05-3781, for
$268,845.
OBJECTIVE: To provide the Library System with a high quality, technically advanced library
automation software system that will meet the level of service desired by the increasingly
sophisticated computer and library user groups.
CONSIDERATIONS: The Library System originally automated circulation, the public catalog
and acquisitions in 1992, with Data Research Associates. The software has been upgraded and
enhanced over the years and has served the County well. The software cannot be upgraded to
meet the requirements of an increasing population and cannot provide the management
infonnation needed to effectively manage the Library's resources. The Library can no longer
provide the level of service desired by increasingly sophisticated computer and library users with
this older technology.
A 'request for proposal' for a new automation system was sent out by the Purchasing
...- Department on January 31, 2005. Forty-three (43) invitations were sent and eighteen (18)
packages were requested. On April 19, 2005 the selection committee comprised of
representatives from the Library, Purchasing Department and the Information Technology
Department reviewed, ranked and short-listed three firms. They were; Innovative Interfaces, Inc.,
GIS and SIRS!. On April 20, 2005, letters were sent to the three short listed firms requesting
presentations. Innovative Interfaces, Inc. provided an on-site demonstration to the selection
committee, as well as for other library staff on May 10 and 11,2005. The SIRSI demonstration
was presented on May 26 and 27,2005, and the GIS demonstration was presented on June 7 and
8,2005. The selection committee met on JUne 10,2005 to discuss the proposer's demonstrations
and shortlisted two of the firms.
The top-ranked firm was Innovative Interfaces, Inc., 5850 Shellmound Way, Emeryville, CA
94608. The second ranked firm was Polaris Library Systems, 323 West 5th Street, Oswego, NY
13126. The Committee directed the Purchasing Department to negotiate with Innovative
Interfaces, Inc., to reach a contract agreement. A standard, County-approved Agreement will be
utilized for this purchase.
FISCAL IMPACT: $200,000 was budgeted in the Impact Fee Fund (355) in the FY05 Budget,
An additional $68,845 is available in the Library's Grant Fund (129).
GROWTH MANAGEMENT IMP ACT: The purchase is necessitated by the increasing
population of Collier County, and the resulting increases in data the Library must manage in
order to continue to provide effective infonnation services to the residents of Collier County.
,-
Agenda Item No, 16012
July 26, 2005
Page 2 of 10
RECOMMENDATION: That the Board of County Commissioners; (1) Approve the
Committee's selection of Innovative Interfaces, Inc, under RFP #05-3781, and (2) Authorize the
Chairman to execute a standard County Attorney approved contract.
Prepared by Marilyn Matthes, Library Director
".
-
Agenda Item No 16D12
Jul" 26, 2005
rage 3 Df 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16D12
Meeting Oate
Recommendation to authorize the Chairman to sign the contract will1lnnovative Interfaces,
Inc , for a Library automation system, at a cost of $268,845
7/26.:20059:00'00 AM
Approved By
Marilyn Matthes
Library Assistant Director
Date
PlJbliJ: SIHVicl~,!;
libuuy
7/1120050 12:47 PM
Approved By
Tammy Smith
BU5ine55 Applications Manuger
Date
Administrative Servicl!'s
'nformation Technology
1!1{2005 1 :09 PM
Approved By
Li..dil Jack$ion
Cantr;~ct$ Ag~rlt
Dab!
Administrative Services
Purchasing
7i11/2005 2:14 PM
Approved By
Kathy Carpenter
E)ltlcuti'lle Secretary
Date-
Public Ser"i(;~$
Public S(!IV'I~!$ Admin.
7113/20058:57 AM
Approved By
Marla Ramsey
Public Services. Administrator
Oate
Public Servtces.
Public Services Admin
7113/20059:53 AM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Adminis.trative Services
Purchasing
7113/20051:19 PM
Approved By
OMB CoonJinator
Admini$tmtive A1;sistant
Oat~
County Manager'Ii Office
Office of Management & Budget
7/13/20051:56 PM
Approved By
GiUY A. Vifll:lmt
MlItl.!l~lmnlmt.& Budget AO<llyst
Dot.
County Manager's Office
Office of Management & Budget
7;13/20052:58 PM
Approved By
Michael Smykowski
Managemehl & Budget Director
Datl?
County ManagN's Offic~
Office of M.Ul"~II~ment & Budgr.t
7/18120056:25 AM
Approyed By
James V. Mudd
County Manager
Date
Board or County
CommifisionN5
County Manager's Office
7118/20058:59 AM
INNOVA rIllE
Interlaces
Agenda Item No, 16D12
July 26, 2005
..., I " Page 4 of 10
j'~' Collier County Pub lie Ubrary
MILLENNIUM PRICE QUOTATION
Collier County Public Library
Turnkey Solution for 125 Staff Users (Innovative DBMS)
Unlimited Web OPAC Users
MILLENNIUM SOFTWARE
Online Public Access Catalog
Unlimited Web OPAC User Licen,~e,~
MILLENNIUM Web OPAC
Full OPAC Indexing
Advanced Keyword Search Engine
Mv IlfILLENNIUM Patron Empowerment, including:
--Place holds/cancel holds
--Self-renewal of items
--Save preferred searches
--Automatic notification of new material
OPAC Requesting. including multiple holds with shopping cart
239,50 Client and Server (including Broadcast Searching)
Export .Reeords/Create a Bibliography from OPAC
Link to enriched content: cover images. reviews. etc, (Content must be separdtcly purchased)
Spanish Web OPAC User Interface
Collection Scooine
--Allows users to eonfinc their searches to a subset of the database:
(e,g.) the locations from which they are searching; a particular material type;
Or locations and materials in combination
Cataloging
Unlimited Biblio1!1'aohic, MARC Yo/dines. Item and AutllOritv Record Fi/e Sizes
Cataloging (full screen edit, cutlcopy/pastc. heading verification. macros, etc),
MARC Holdings support
Global Update of all record types
Authority Control (Report Heading Changes sottware)
Automatic Authorities Processing Software
File Transfer Software
OCLC Interface via the network for all authorized staff users
Link Maintenance n Sort Items by Location, Synchronize Location Codes
Management Information and Report Writer
Create Lists of Rccords
Statistical Report package
Browser-bascd Management Reports (OP AC searches. Cire transactions, etc,)
Circulation
Unlimited Item Record File Size and Unlimited Patron Record File Size
Checkout / Checkin i Renewals I Patron Registration I Notices
Sophisticated Holds functionality
Circulation Notices via Email
Coniidential Quole Prepared for:
Collier County Public Library
June 30, 2005
Ir\NOVATIVE INTERFACES, INC
5850 SheJlmound \'\7ay
Emeryville, CA 94608
- I -
INNOVATIVE
Interlaces
Agenda Item No, 16012
July 26, 2005
"":' I'" Page 5 of 1 0
"'~il CoUler County Pu,bUe UbrQfY
Millennium Offline Circulation Software (Site License)
Inventory Control
Homebound Module
Basic E-Commerce
Allows the acceptance of online credit card payments for fees and fines
displayed in the patron record display as well as for donations
Ecommerce requires the following:
. A secure gateway service using Veri sign's PayflowPro, (First year of this service is
invoiced by Innovative with purchase of the Ecommerce product.)
. A high bit SSL certificate
. An Internet merchant account through a provider who works with Verisign's
PayflowPro API (e.g" Merchant eSolutions)
A non-framcd appearancc in the patroll rccord display
SIP2 Interface
This product offers check-in, check-out, renewal, and item status inquiry
via the SIP2 (Version 2) protocol, which allows connection to compatible
devices such as patron self-service stations, automated check-in and sorting
devices, and security gates to the system
The interface supports the standard capabilities of patron self-service
devices (such as 3M's SelfCheck or Checkpoint's ILS), including patron
circulation status verification, check-in and check-out and renewal using
standard loan rules and due date calculatioll. Patron PIN verification is supported,
Acquisitions & Fund Accounting
V"limited Order Record File Size
Ordering I Receiving I P,O. Printing
Invoice Processing and Fund Accounting
Claiming
Hierarchical Fund Reports
Foreign Currency Conversion
Support for up to 30,000 vendor records
Vendor Statistics
Electronic Ordering (BISAC or EDIF ACT)
Electronic Serials Invoice Processing
Im1enton' Exoress - Web Services comoo"ent
OuickClick Orderillf! with Baker & Talllor
Serials Control
Vlllimited MARC Holdinf!s aIJd Checki" Record File Size
Cheekin I Claiming / Routing i Binding
Automatic MARC21 holdings update at checkin
SrSAC Barcode Checkin
Electronic Claiming of Sl-Tial Issues via Ernail in Xl2 format
Inter-Library Loan
Takes requests for materials that thelibmry doesn't own by patrons or staff
Search thc library's database automatically prior to placing the requcst
Contide1llial QUale Prepared for:
Collier County Public Library
June 30, 2005
INNOV ATIVE INTERFACES, INC.
5850 SheJlmound Way
EmeryviUe, CA 94608
- 2 -
INNOl/ATI"E
Interlaces
Agenda Item No, 16D12
July 26, 2005
..; I.'~ Page 6 of 10
~:i' CoUier Co.unty Public UbrQry
Search multiple, third-party resources simultaneously to retrieve accurate bib data
Requests can be verified; visible on patron's record via My Millennium
Requests can be printcd
Send ILL request to another system, OCLC, etc
Notify the patron when the material comes in
Check tbe item out to the patron when it is picked up
Prints "in transit" slip to return the item to the lending library
Full statistics
Teleforms (Telephone Notification System)
(PC is included)
I Line, 2 messages
Library may send selected notices by telephone
Notices not sent by telephone may be printed or e-mailcd
Includcs PC to initiate contact to patrons
Complete reporting on successful and unsuccessful calls
System will print regular notices for unsuccessful calls
System updates records to indicate print/telephone notices sent
Telephone Renewal
2 Lincs (each system)
Includcs one PC
Innovative's Telephone Renewal module allows patrons to renew their checked-out
items from outside the library
Using a touch-tone telephone, a patron can call the library and renew items by entering his/her
patron barcode and the items' barcodes
Telephone Renewal does not allow a patron to renew an item if it is too soon to renew the item,
AirPAC
Wireless access to OPAl' functionality using wireless-enabled PDA or mobile telephones
Support for searching OPAl', placing requests, view my own record, etc,
Optimizes screen displays based on the type of client device (e.g. PDA, telephone)
WebBridge: Resource Linking
WebBridge provides a seamless connection to all searchable information available to the
Library user. This powerful product associates a variety of context-sensitive, enhanced
Web-based content with individual records,
. Links users directly from the bibliographic record display within tbe Web OPAC, the
Millennium staff modules, or external OpenURL enabled origin to related resources
(e,g, full-text journal articles. book reviews. etc,). based on library-managed tables,
. Dynamically generates list of links to library-selected resources (e.g, full-text
databases, citation databases, abstracting services, etc,) based on specific criteria and
information from the bibliographic record selected by the user at the record display
level.
. Launches searches using various protocols, including Z39,50 and HITP,
. Allows multiple values of the same field (multiple subject, multiple authors, etc.) to be
offered in a drop-down menu, WebBridge can also combine different field selectors
into the drop-down menu for a resource. For example. instead of needing three
Contidelllial Quote Prepared for:
Collier County Public Library
June 30, 2005
INNOV ATIVE INTERFACES, INC.
5850 Shdlmound Way
EmeryviUc, CA 94608
- 3 -
INNOl/AlIVE
Interfaces
Agenda Item No, 16012
July 26, 2005
..'.1. .,.. Page 7 of 10
~. ~I COm.r eouRty Public Library
different links to pass author, title or subject to Google, a single link can be created that
gives the patron a choice of which to search.
. Allows users to pass data from the WebOPAC, Millennium staff modules, or an
OpenURL enabled external origin directly to Innovative's ILL form. automatically
populating the ILL Request form.
License for 125 simultaneous staff MILLENNIUM users
Subtotal, MILLENNIUM Software
$415,950.00
Central Site Hardware utilizing the Innovative DBMS:
MILLENNIUM Sun V240 CPU
1 GHZ UltraSP ARC@ IIIi processor
1 GB memory (Maximum memory capacity 8GB)
4 x 36 GB UltraSCSI Disk Drives (10,000 RPM)
Software RAID mirroring
Solaris 9 Operating System
DVD-ROM drive
lOll 00/1 000 Mbps Ethernet connet.'tivity
400W Power Supply
20/40 4mm DA T tape drive
UI07 Uninterruptible Power Supply
Powerwatch software
Necessary cables and controllers
Diagnostic Modem
Subtotal, Central Site Hardware
$12,120.00
$428,070.00
Subtotal, MILLENNIUM Software & Hardware
MILLENNIUM Software Allowance.
.
($202,225.00)
..
The AfILLENNIU}v[ Sofhl'are allowance proposed applies to this coll/iguration only, Any changes made to this
~()I!ll[!lrationn!a)'r~sult in/he. alllounto{tllcalJowancebein8 changed,
TOTAL
$225,845.00
SERVICES
PROJECT MANAGEMENT
MILLENNIUM Implementation Team:
Project Manager
Implementation Consultant (Data migration specialist)
Training Consultant
Software Specialist
Technical Support Specialist
HARDWARE I SOFTWARE SETUP
Contidemial Quole Prepared for:
CoJlier County Public Library
June 30, 2005
INNOV A TIVE INTERFACES, INC.
5850 ShelJmound Way
Emcryvillc, CA 94608
- 4-
INNOVATIVE
Interfaces
Agenda Item No, 16D12
July 26, 2005
....1. k Page 8 of 10
.~~' Collier County Py.bUe UbrQ,ry
Shipping, Setup and Installation of Central Site Hardware
Setup and configuration of MILLENNIUM software
DATA LOADING SERVICES
AU profiling and record loading services assume data will be provided from one source,
tbe library's existing DRA Classic s)'stem.
Setup of Profile Evaluation Database, consisting of subset of the library's records
Includes revisions of Evaluation Database during evaluation period
Profiling services for initial Bibliographic, Authority, Item and Patron Records
Load of Bibliographic. Authority and Item Records'
Load of Patron records"
Load of Circulation Checkouts, Holds, and Fine Totals"
Load of Acquisitions Order records and Serials holdings records"
TRAINING
13 Days of on-site training services (multiple on-site visits)
All travel expenses included
DOCUMENT A nON
Site license access to Getting Started with MILLENNIUM Manual
Site license access to the MILLENNIUM User Manual
Site license access to CSDirect (Customer Scrvice web site)
1, Data must be provided ill (J single de-duplicated file ill the USMARC Communications fomlat, ji-om a single source,
~ Data nluslbe provided inalll"novalive aperovl,d/r)"nlal:
Subtotal, Services
$43,000.00
GRAND TOTAL
$268,845.00
ANNUAL MAINTENANCE - MILLENNIUM Software and Central Site Hardware
Year 1 Free Ma;lltenallce Period
Year 2 $41,602.00
NOTES
. Prices do not include any applicable taxes. which are the responsibility of the Library,
. The allowance given applies to the total price of this System configuration only, Therefore, no component of
this package can be rctumed to Innovative for crcdit or refunds, unless defective.
. This proposal assumes all data will come from a single source
. All prices given are valid for a period of 90 days from the date of the proposal.
. Maintenance of peripheral equipment purchased from Innovative is the responsibility ofthc Library, unless
othcrwise specified,
Central Site Hardware
Contidelllial Quole Prepared [or:
Collier County Public Librar)'
June 30, 2005
INNOVATIVE INTERFACES, INC
5850 Sbdlmound Way
Emeryvil1e, C1\ 94608
- 5 -
INNOVATIVE
Interlaces
Agenda Item No, 16012
July 26, 2005
~"I ,,, Page 9 of 10
,,~.,~l CoJlier Count'y PubUc Ubrory
. The Millennium Sun V240 Central Site Hardware is configured to support 250 simultaneous users (125 OPAC
and 125 staff users); additional memory may be needed to support users above these numbers.
. The Millennium Sun V240 Central Site Hardware is configured to support 250,000 Bibliographic records,
700,000 Item records, 90,000 Authority records, and 280,000 Patron records; additional disk may be needed to
support the database above these numbers,
. Central Site Hardware maintenance and support services include a one (I) year Free Maintenance Period,
unlimited access to a 24-hour Helpdesk via a toll-free phone number, installation of operating system patches
and upgrades as needed, and the provision of a diagnostic modem.
Software
. MILLENNIUM Software Maintenance and support services include a one (1) year Free Maintenance Period,
unlimited access Ul a 24-hour Helpdesk via a toll-free phone number, regular MILLENNIUM Software
enhancements, and new editions of the MILLENNIUM User Manual.
. For Innovative to provide service and maintenance to the site, direct, high-speed Internet access is required.
. Any data supplied in non-MARC format must first be reviewed by Innovative for analysis prior determining a
price for loading into the System.
Optional Products and Services (not included in the price quotation. above)
(For a more comprehensive list of additional products and services, please see:
http://www.iii.comlmill/index.shtm I]
ANNUAL SUBSCRIPTION SERVICES
MetaFind
Year 1
Year 2
$19,100.00
$19,100.00
ONE TIME MetaFind Fee (setup fee for 3 new connectors)
MetaFind
$9,000.00
MetaFind federated search engine, includes connectors for 26 licensed resources taken from Innovative's list of
connectors and with 3 new connectors.
Federated search engine providing access to multiple resources with a single search.
Simultaneous searching across resources such as full-text databases, electronic journals, Internet search engines,
locally developed databases, and abstract and indexing services.
Includes support for resources from an Innovative-provided list ofresources
Results lists are returned to the user in a consistent interface customizable by the library, identified by source. and
hyperlinked to hits at the source
Patron verification is performed for all databases using Web Access Management
Multi-protocol searching is supported including Z39,50, HTTP, and SQL
Contldential Quote Prepared for:
Collier County Public Library
June 30, 2005
INNOVATIVE INTERFACES, INC.
5850 She1lmound Way
Emeryvillc, CA 94608
- 6-
INNOVATIVE
Interfaces
Agenda Item No, 16012
July 26, 2005
~'I ... Page 10 of 10
if CQllier County 'ublic UbrQfY
Materials Booking Module
Patrons c.an reserve items for a specified time in the future
Any item in thc database is subject for scheduling, if allowed
Book a single or multiple items easily and quickly
Ability to allow for event names for umbrella bookings
Display calendar to authorized patrons in OPAC
Bookings allowed for various time intervals
Generate delivery and pickup slips for booked items
Statistics on bookings placed
$10,000.00
ADDITIONAL MILLENNNIUM TRAINING DAYS & CONSULTANT DAYS
. Each scheduled on-site consultation visit is $2,000 per day, with additional (same visit) days at $1,000 per
day
. Additional (contiguous) training days are optionally available to the library at $1,000 per day
Contidential Quote Prepared for:
Collier Counry Public Library
June 30, 2005
INNOVATIVE INTERFACES, INC
5850 Shellmound Way
Emcry,,;lle, CA 94608
- 7 -
-
Agenda Item No, 16013
July 26, 2005
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment recognizing $14,500 in
revenue from the sale of live bait at Caxambas Park and approve a
modification in the amount of $10,000 to Purchase Order #4500035141 with
Naples Wholesale Bait
Obiective: To sell live bait shrimp and live crabs to the patrons of Caxambas Park
Marina.
--
Considerations: At their September 28, 2004 meeting, the Board of County
Commissioners approved Naples Wholesale Bait as a sole source supplier of live bait
shrimp for resale at Caxambas Park (Item 16D3), At that time the estimated fiscal year
expenditure was $40,000. At their March 22, 2005 meeting, the Board of County
Commissioners extended the sole source supplier designation for Naples Wholesale Bait
through September 2006, approved a seven-day payment schedule, and increased
purchase order #4500035141 by $25,000 (Item 1604). Caxambas Park is now selling live
crabs in addition to live bait shrimp. Sales continue to exceed staff projections, and an
increase to the purchase order is necessary to assure a continuous supply through the
balance of the fiscal year.
Fiscal Imoact: Staff has prepared a budget amendment recogrnzmg $14,500 in
additional revenue from the sale of live bait, and appropriating the funds for the purchase
of additional merchandise for resale. Of the $14,500, $10,000 will be used to increase the
purchase order with Naples Wholesale Bait, and balance will be used to purchase durable
merchandise such as tackle for resale. Through June 28, 2005, fiscal year expenditures on
live bait shrimp and live crabs for resale at Caxambas Park Marina have been $56,796
with gross revenue of$87,353. Total fiscal year expenditure is now estimated at $75,000,
with total fiscal year gross revenue at $114,750.
Growth Manaaement Imoact: No growth management impact is associated with this
action.
Recommendation: That the Board of County Commissioners approves a budget
amendment recognizing $14,500 in revenue from the sale of live bait at Caxambas Park
and approves a modification in the amount of $10,000 to Purchase Order #4500035141
with Naples Wholesale Bait.
Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation
,-
Agenda Item No 16013
July 26, 2005
Pnge 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16013
Meeting Date
Recommendation to approve a budgel amendment recognizing $14,SOO in revenue from
the sale of live bait at Caxambas Park ana approve a modification in the amount of
$10,000 to Purchase Order #4500035141 with Naples Wholesale Bait
7/26/2005 g'OO.OO AM
Approved By
Kathy Carpenter
Executive Secretary
Date
Public Services
Public. Snf'\l'ices Admin.
7112/20052:45 PM
Approved By
Marla R,UYI$ey
Public Services. Adminj"tmtur
Dute
Public Servil;;es
Public Services. Admin,
7/121'2005.:39 PM
Approved By
Wayne Boy!!;r
Director
Date
Public Sl~tvicn~.
Parks and Recreation
7.f13/2005 8:30 AM
Approved By
Brenda Brilhart
Purchasing Agent
Date
Administrative Services.
Purchasing
7'13/20059:35 AM
Approved By
Mike Hauer
Acquisition Manager
Date
Admjni~traLiltl!' Services
Purchasing
7f13/2005 1 :09 PM
Approved By
Steve Carnl!:lI
Purchasing/General Sites Director
Date
Administrative Services
Purchasing
7/13/2005 1 :23 PM
Approved By
OMB COI>ntinator
Administra1jYI~ Auil.tant
D.~t~
County Manager's. Office
Office of Management & Budget
1/13/20051 :58 PM
Approved By
Gary A. Vincent
Management & Budget Analyst
Datil!
County M.umgl!t'!; 01fjCI~
OMil:~~ of Managenumt " Budnet
1113/20053:09 PM
Approved By
Michael Smykowski
Management & Budget Director
031.
County Manager's Office
orflce "f Management & B~ldgp.t
7/1312005 5:flO PM
Approved By
J;~mm; V. Mudd
COUNty Munagm
D<ltl~
Board of County
COh1I'Oi'isionefs.
County Manager's. Office
7i15(2005 3:16 PM
,-
~-
Agenda Item No. 16E1
July 26, 2005
Page 1 of 6
EXECUTfVES~Y
Recommendation that the Board of County Commissioners, acting in their capacity as
Trustee of the GAC Land Trust, approve and execute a Right-of-Entry to enable the
drilling of public water supply test/production and monitor wells on Unit 14, Tract 127,
Golden Gate Estates.
OBJECTIVE: To secure approval and execution of the attached Right-of-Entry between Collier County,
a political subdivision of the State of Florida, by its Board of County Commissioners, acting in their
capacity as Trustee of the GAC Land Trust (''Board'') and the Board of County Commissioners of Collier
County, Florida, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the
Collier County Water-Sewer District ("District") to drill test wells to determine the quantity and quality
of the water available in the sub-surface aquifers for potential use in expanding the public potable water
supply,
,-..
CONSIDERATIONS: On November 15, 1983, Avatar Properties Inc., and Collier County entered into
an Agreement (1983 Agreement) that dedicated 1,061.5 acres of property in Golden Gate Estates to the
County. The dedication came with the stipulation that the land itself or money derived from the sale of
the land would be used by the Board for purposes directly beneficial to the residents of Golden Gate
Estates, Le., fire and police protection facilities and services, public schools, libraries, and recreational
facilities. The 1983 Agreement also provided that all capital improvements must be physically located
within the geographical boundaries of Golden Gate Estates.
County staff has requested pennission from the Golden Gate Land Trust Committee (Committee) to
utilize a portion of Unit 14, Tract 127 for the construction of temporary test wells to determine the
quantity and quality of the water available in the sub-surface aquifers for the potential establishment,
expansion and/or extension of the public water supply wellfields serving the North County Regional
Water Treatment Plant and the planned North East Regional Water Treatment Plant. The parcel contains
4.5 acres and is currently on the Reserved List and designated for future marketability. A location map is
attached for reference. County staff also advised the Committee that, if the test wells yield favorable
results, the purchase of a permanent easement, or the entire site, may be requested to allow for the
conversion of the test wells to permanent production wells. At its January 24, 2005 meeting, the
Committee recommended by a vote offour members to none (the fifth member position is vacant) that the
Board approve granting the Right-of-Entry, with the stipulation that, if the test wells yield favorable
results and are to be converted to production wells, the District must purchase the entire parcel.
As required in the 1983 Agreement, a ''Letter of No Objection" (copy attached), has been secured from
Avatar Properties Inc. The attached Right-of-Entry has been reviewed and approved by the County
Attorney's Office.
The project is included in and consistent with the 2003 Water Master Plan Update as adopted by the
Board on May 25, 2004, Agenda Item 10C.
The Clerk's Finance and Accounting Division has reviewed the information contained in this Executive
Summary.
,-..
Agenda Item No, 16E1
July 26, 2005
Page 2 of 6
Executive Summary
GAC Land Trust
Page 2
FISCAL IMPACT: The total cost will not exceed $10.00 for recording of the document. Funds in the
amount of $10.00 are available for this project. The intent of the proposed work is consistent with the
Water Capital Budget funds budgeted for FY 05 for Project 710061, NCRWTP RO Well field Reliability,
as approved by the Board of County Commissioners on September 23, 2004. Source of funds is Water
User Fees (412).
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact.
RECOMMENDATION: Staffis recommending that:
1. The Board approve and authorize its Chairman to execute the attached Right-of-Entry;
and
2. The District accept the Right-of-Entry; and
3. The District authorize recording of the Right-of-Entry in the Public Records of Collier
County, Florida.
PREPARED BY:
Toni A. Mott, Manager, Property Acquisition & Sales
Real Estate Services I Facilities Management Department
-
Agenda Item No, 16f:1
July 26, 2005
Page 3 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
'6EI
Meeting Date
Recommendation that the Board of Counly Commissioners, acUng in their capacity as
Trustee 01 the GAC Land Trust, approve aM execute a Right-or-Enl!"} (0 enable the drilling
of pllblic waler supply test/production and monitor wells on Unit 14, Tract 127. Golden
Gate Estates
7/26/20059:00:00 AM
Prepared By
D.l1e
Toni A, Mott
Hllal PWlu~rtV Supervisor
6!1SnD05 5:10:"9 PM
Administrative Services
Facilities. Management
Approved By
Skip Camp, C.r-.M.
Facilities Management Dlrt!'ctor-
Date
Administrative Services
Facilities Management
6116/20059:&3 AM
Approved By
CharleG E. Carrington, Jr.,
SRfWA
Real Eslllte Service'5 Manager
Date
Adrninistmtive SelVicUl.
F;u~ilitie5 Managenu.'1lt
G!16J2DD610:06 AM
Apprond By
Alicia Abbott, E.!.
Project Manager
Date
Public Utilities
Public Utilities Engineering
6.116/20Q511:50AM
Approved By
Le-n Golde-n Price
Administrative Services Administrator
Date
Administrative SerJices
Administrative Servicfls Admin,
6129/2005 f.:I:28 AM
Apprond By
Thomas Wide_~
Operations Olrt!'l;:tor
Date
Public Utilities
Public Utilitifls Operations.
7i1/2005 10:32 AM
Approved By
OMS Coordinator
Administrative Assis.tant
Date
County Nanagi'lr's Offke
Offic~ of Management & Budget
71111200511 :D9 AM
Approved By
5us-an Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
7i12/200511:00 AM
Approved By
Mi<.:hael Smylwwski
Management 8. 81.1dtlet Oif{!c:toJ
Didr.
County M..mager's Offlr.:e
ONir.:e or Management & Budget
711217005 ":08 PM
Apprond By
JalTlElS V 0 Mudd
County "'4IIUlg4!1
Date
BO;Jrd of Coun1V
Coml1lis!l.ioners.
County MUJlllgerOs Oil Ice
7112/20055:"& PM
Agenda Item No, 16E1
July 26, 2005
Page 4 of 6
RIGHT OF ENTRY
KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY, A
POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF
COUNTY COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE
GAC LAND TRUST, whose mailing address is 3301 Tamiami Trail East, Naples,
Florida 34112, hereinafter known as GRANTOR, for and in consideration of Ten Dollars
($10,00) and other valuable consideration to it in hand paid, does hereby grant unto the
BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its agents,
contractors or assigns, whose mailing address is 3301 Tamiami Trail East, Naples,
Florida 34112, hereinafter known as GRANTEE, the temporary license and right to
enter upon the lands of the GRANTOR to excavate and place or remove materials,
including, but not limited to, public water supply tesVproduction and monitor wells and
structures, water lines and pipes, and other equipment, utilities or improvements
appurtenant thereto for the purpose of constructing, testing, operating and maintaining
utility facilities thereon the following described property:
.
All of Tract 127, Golden Gate Estates, Unit No. 14, according to the plat
thereof as recorded in Plat Book 7, at Pages 73 and 74, of the Public
Records of Collier County, Florida,
ALL RIGHT AND PRIVILEGE herein granted shall remain in full force and effect
for two (2) years from date accepted by the Board of Collier County Commissioners,
ADDITIONALLY, the rights and interest granted hereunder are conditioned upon
the reasonable exercise thereof by Grantee, Grantee agrees not to unreasonably
interfere with Grantor's use of the aforementioned lands, and agrees to provide Grantor
with advance notice when exercising its rights hereunder. At the conclusion of
construction and testing activities, Grantee shall restore the surface of the lands to the
condition existing prior to the commencement of construction and testing.
IN WITNESS WHEREOF, the Grantor has caused these presents to be
executed in its name this day of , 2005,
ATTEST:
DWIGHT E, BROCK
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk
Fred W, Coyle, Chairman
Approved as to form and
legal sufficiency:
~(~ ; /~
Heidi F. Ashton
Assistant County Attorney
--
Agenda Item No. 16E1
July 26, 2005
Page 5of6
LOCATION MAP
AVATAR PROPERTIES INC.
Agenda Item No, 16E1
July 26, 2005
Page 6 of 6
April 1, 2005
Collier County Government
3301 E. Tamiami Trail
Naples, Florida 34112
Attention:
Toni A. Matt, Manager
Property Acquisition & Sales
Re.:
1983 Agreement between Avatar Properties Inc. and Collier County,
Right-of-Entry Requested - Public Utilities Division
Unit 14, Tract 127, Golden Gate Estates
(Reserved for future marketability)
Dear Ms. Mott:
On behalf of Avatar Properties Inc., I would hereby acknowledge receipt of your
correspondence dated March 17, 2005 which references the above captioned matter.
By this correspondence, I would confirm on behalf of Avatar Properties Inc. that they
have no objection to the "Right-of-Entry" arrangement described therein.
If I can be of further assistance, please feel free to contact me at your
convenience.
Very Truly Yours,
Dennis J. Getman
Executive Vice President
General Counsel
DJG/zb
RECEIVED
APR 0 5 2005
REAL ESTATE SERVICES
P,O, Box 023000, Miami, Florida 33102-3000 - (305) 442-7000 FAX (305) 448-9927
M:IDAIL Y\GETMANIGGIMolI 4-1-<J5 DOC
-
Agenda Item No, 16E2
July 26, 2005
Page 1 of 10
EXECUTfVESU~Y
Recommendation to convey a Utility Easement for a wastewater master pump station and a
public water supply well site with its associated pipeline on property dedicated within the
Heritage Bay PUD at an estimated cost not to exceed 553.50, Project 730791 and Project
710061.
OBJECTIVE: That the Board of County Commissioners of Collier County, Florida convey a Utility
Easement to the Board of County Commissioners of Collier County, Florida, as the Governing Body of
Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District. The
public purpose is to allow the Collier County Water-Sewer District to ,service projected wastewater
collections needs and to increase the reliability of the public water supply.
CONSIDERATIONS: Collier County owns 7.73 acres of land (Site) located north of the intersection of
Collier Boulevard (C.R. 951) and Immokalee Road within the Heritage Bay PUD. A Location Map is
attached for reference. The Site was dedicated to the County as ''Tract 'G' (Government Purposes)" on the
plat of Heritage Bay Commons recorded June 8, 2005.
,-..
On July 29,2003, the Board approved Ordinance # 2003-40 establishing the Heritage Bay PUD. Section II,
Paragraph 2.22 of the Heritage Bay PUD Document attached to this Ordinance provided for the donation of
the Site to the County and further provided that, among other uses, the Site would be utilized for a "pump
station" and for a "well site." The locations of the master pump station and the well site, with its associated
pipeline, are shown on the attached Site Plan. The easement area comprises a total of 1.25 acres.
The master pump station is a necessary element required to serve the community and eventually pump sewage
to the North East Water Reclamation Facility (NEWRF). This project is included in the 2003 Wastewater
Master Plan Update adopted by the Board on May 25,2004 as Item 10 A, and is consistent with the current
FY 2005 Capital Impr~vement Budget approved by the Board on September 23, 2004.
The public water supply well site, with its associated pipeline, is a necessary element required to provide
reliability for the weUfields servicing the North County Regional Water Treatment Plant (NCRWTP). The
intent of this action is consistent with the 2003 Update to the Water Master Plan as adopted by the Board on
May 25, 2004 as Agenda Item 10 D, and is consistent with the current FY 2005 Water Capital Budget
approved by the Board on September 23, 2004.
Based upon the provisions of the Ordinance, this easement is being conveyed at no cost to the Collier County
Water-Sewer District. In addition, the use of the Site for these two uses will not interfere with the use of the
Site for other County government uses as intended.
The attached Utility Easement has been reviewed and approved by the County Attorney's Office and the
Public Utilities Division.
The Clerk's Finance and Accounting Division has reviewed the information contained in this Executive
Summary.
~
Agenda Item No, 16E2
July 26, 2005
Page 2 of 10
FISCAL IMPACT: The total cost will not exceed $53.50 for the recording of the Utility Easement. This
amount will be divided equally between the two projects. Funds in the amount of $26.75 are available in
Project 730791, Master Pump Station at Heritage Bay. Source of funds is Sewer Impact Fees, Fund 413.
Funds in the amount of$26,75 are available in Project 710061, NCRWTP RO Wellfield Reliability. Source of
funds is Water User Fees, Fund 412.
GROWTH MANAGEMENT IMP ACT: These projects will benefit the County and are consistent with and
further the goals, objectives, and policies of the Collier County Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve and authorize Chairman Coyle
to execute the attached Utility Easement; and the Board of County Commissioners as the Governing Body of
Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District accept the
attached Utility Easement and authorize the recording of the Utility Easement in the Public Records of Collier
County, Florida.
PREPARED BY: Hans Russell, Senior Property Acquisition Specialist, Real Estate ServicesIFacilities
Management Department
,-
Item Number
Item Summary
Meeting Data
Agenda Item No 10[2
Julv 26. 2005
Page 3 of 10
COLLIER COlJNTY
BOARD OF COUNTY COMMISSIONERS
lCE2
Recommendation to convey a Utility Easement fer a wastewater master pump station and
a public water supply well site with its associated pipeline on property dedicated within the
Heritage Bay PUD at an estimated cost not to exceed $53.50, Project 730791 and Project
710051.
7126/2005900,00 AM
Prepared By
7t7!20051:56:S2 PM
Hans RU$51~1l
Administrative Seflo'ices
Dale
S~nil)r Property Acqui!loition Srwci<llist
Facilities Management
D,lle
Approved By
Toni A. Mo1t
Administrative Services
Real Property Supervisor
Fa{.'ilities Management
7:7120052:25 PM
Date
Approved By
Skip Camp, C.F,M.
Admini$Otrative St!rVi(:I~.$
Facilities Management Director
F ,,(;iljtll~!. MilU<I!lefYlent
7:7120052:26 PM
Date
Approved By
William D, Mullin, PE
Puhlic lltili1lflS
Principal Project Manager
Public UhhUcl> Engineering
7i712005 3:44 PM
Date
Approved By
Alkia Ahhon, E./.
Public Utilities.
pt{lJ~ct Manager
Public Utilities Engineering
7i7/2005 4:48 PM
Date
Approved By
eh,lrill'!;. E. CarriJl~Jloll, Jr..
SRl\.VA
AdminiiOlrative SerJices-
R~;d E!Otate Servi'Ccs Manager
F adlitie~ Managefl"lent
7i8.'2005 7:48 AM
Date
Approved By
Thomas Wides
,,-.
P\lblk: lItllitie-s
Date
Approved By
Len Golden Price
Adminis.trative Services
Operations Director
Public Utihlip.s OpC'mtions
716!2005 8:48 AM
Administrative Services. Adtnirdstrator
Administrative Sel"\'icll's Admin.
7i11/2005 9:46 AM
Datil'!
Approved By
OMS Coordinator
County Manager's Othc.c
Administr.diVI! A$Osistant
ONir..e or Managemen1 &. Budget
7/12i2005 9:22 AM
Odt!!'
Approved By
Su!;.m U!ilwr
County Manager's Office
SP.1Jior Man;l!l~lnf!nt/8udt;wt Atl;<iIY$Ot
Office of Managefl'Hmt & Budget
7113/20056:,(3 PM
Date
Approved By
JamE!S V, Mudd
Board of Cnunty
Corrunis!>lonN$
County M.maqm
County Manager's Office
7i1.4/2005 2:.0 PM
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SITE PLAN
Agenda Item No, 16E2
July 26, 2005
Page 5 of 10
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EASEMENT \ \
22.497 S6 sq,ft, "I ~
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I HERITAGE BAY COMMONS \ '.
Plat Book 43, Pages 46-54 \"',
TRACT -r.r
(GCMRNMENT PURPOSES)
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Agenda Item No, 16E2
July 26, 2005
Page 6 of 10
PROJECTS: MASTER PUMP STATION AT HERITAGE BAY
NCRWTP RO WELLFIELD RELIABILITY
UTILITY EASEMENT
THIS EASEMENT, made and entered into this _ day of ,
2005, by COLLIER COUNTY, A POLITICAL SUBDIVISION OF TillE STATE OF
FLORIDA, whose post office address is 3301 East Tamiami Trail, Naples, Florida
34112, hereinafter referred to as "Grantor", to the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY
OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE
COLLIER COUNTY WATER-5EWER DISTRICT, whose post office address is 3301
East Tamiami Trail, Naples, Florida 34112, its successors and assigns, hereinafter
referred ,to as "Grantee",
WIT N E SSE T H:
Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable
consideration paid by the Grantee, the receipt and sufficiency of which is hereby
acknowledged, hereby conveys, grants, bargains and sells unto. the Grantee, its
successors and assigns, a perpetual, non-exclusive easement, license, and privilege for
utility purposes, and access, on the following described lands located in Collier County,
Florida, to wit:
See attached Exhibit "A" which is
incorporated herein by reference.
Subject to easements, restrictions, and reservations of record.
THIS IS NOT HOMESTEAD PROPERTY.
TO HAVE AND TO HOLD the same unto the Grantee together with the right to
enter upon said land, excavate, and place or remove materials, including, but not
limited to, water and sewer lines and pipes, service and pump stations, well pumps and
raw water wells, and other equipment or improvements appurtenant thereto or
thereunder for the purpose of constructing, operating, and maintaining utility facilities
thereon. The easement granted herein shall constitute easements running with the land
and shall burden the lands described above.
IN WITNESS WHEREOF, the Grantor has caused these presents to be
executed the date and year first above written.
ATTEST:
DWIGHT E. BROCK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, Chairman
,Deputy Clerk
Approved as to form and
legal sufficiency:
j~ V CLdt,,~
Ellen T. Chadwell
Assistant County Attorney
DESCRIPTION:
Agenda Item No, 16E2
TRACT "G"
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9'
20' l.8,[,
N90'00'00"E
150,00'
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0-\ - 0
g; ~ UTILITY EASEMENT ~ g;
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r '590'00 00 W- T
7,&'
POINT OF BEGINNING
S,W CORNER OF TRACT "G"
100'
TRACT "M"
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TRACT "I"
A PARCEL OF LAND SITUATED IN SECTION 23, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLlOWS:
COMMENCE AT THE SOUTHYt{:ST CORNER OF TRACT "G" OF "HERITAGE BAY Cm~MONS", A SUBDIVISION AS RECORDED
IN PLAT BOOK 43. PAGES 46 THROUGH 54 OF THE PUBLIC RECORDS OF COLLIER COUNTY, flORIDA, FOR A POINT OF
BEGINNING AND RUN NORTH 00'50'35" WEST ALONG THE WEST LINE OF SAID TRACT "G", A DISTANCE OF 150,00
! FEET; THENCE RUN NORTH 90-00'00" EAST, A DISTANCE OF 150.00 FEET; THENCE RUN SOUTH 00.50'35" EAST, A
':1 DISTANCE OF 150,00 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF SAID TRACT "G"; THENCE RUN SOUTH
90'00'00. WEST ALONG SAID SOUTH LINE, A DISTANCE OF 150.00 FEET TO THE SAIO POINT OF BEGINNING,
8
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SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD,
CONTAINING 22,497,56 SQUARE FEET OR 0.516 ACRES OF LAND, MORE OR LESS,
NOTES:
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LEGEND:
LB,E, - LANDSCAPE BUFFER EASEMENT
~_2r '~O'
GlW'HIC SCALE IN FEET
SURVEYOR'S CERTIFICATION:
~f':.~,",- '
Barry E, S)nI\ (F.r th'ltJFlrm Ulfj;42)
Prof...lonol LCItld' 5ur..lI'*~
Florida Certlficat. No, 5365'
Date Signed: <a\:t.91 ~~$ .
Not wild without tI1e IlsJnq,ture and the original ral.ed
...1 of o.tlorido Ucen_ SUrve)'Of' and 1oI0PPor,
1. THIS IS NOT A SURVEY,
2, BEARINGS ARE BASED ON THE PLAT OF
HERITAGE BAY COMMONS,
3, SUBJECT TO EASEMENTS, RESERVATIONS
AND RESTRICTIONS OF RECORD,
]OI-INS8N
ENGINEERING
NAPLES, FLORIDA 34112
PHONE (239) 434-0333
FAX (239) 434-9320
E,B, 11642 & L.B, *642
SKETCH AND DESCRIPTION
....T[
6/2005
July 26, 2005
pag,~t 10
POINT OF BEGINNING PARCEL A
POINT OF COMMENCEMENT PARCEL B
SCALE IN FEET
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;:::1 I 22500 SO. n:
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...... I PARCEL B
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TRACT HL_2H
(LAKE, DRAINAGE EASEMENT AND
LAKE MAINTENANCE [ASEMENT)
S89'09'25"W 150,00'
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TRACT II e"
(GOV[RNM[NT PURPOSES)
\
LINE TABLE
No, Len th
Lf 48.15' N89'JJ'01"[
L2 56,J5' SOO'50'J5"[
LJ 25.00' N89'58'24"W
CURVE TABLE
No. Radius Delta Len th Chord Chord Bearin
C1 180,00' 26'41'41" 8J,86' 8J,l1' S4f'38'37'E
C2 170,00' 9J'08'44" 276,J7' 246,92' 546'J2'46"[
CJ 205,00' JJ'1J'28" 118,87' 117,22' N76'JO'24"W
C4 180,00' J8'07'40" 119,78' 117.58' 574'OJ'18"[
C5 145,00' 93'08'44" 2J5,7J' 210,61' N46'J2'46"W
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SKETCH ONL Y - NOT A SURVEY
SEE A TTACHED FOR LEGAL DESCRIPTION
Jl.In ;27, 200~ - 14:23: 12 GRASHF"ORDIX:\SUR'\N0442\80UNOARV\...llsitl!leasemel'lt.dw9
FOR: CDII
SKETCH OF DESCRIPTIONS
PORTIONS OF SECTIONS 23, TOWNSHIP 46 SOUTH
RANGE 26 EAST, COLLIER COUNTY, FLORIDA
TASK:
rr,.,afi". ..:::o::-.=:.
-..-,-.-.,--.----
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4IlrC-*'*l .., ,.,......_ IW~ ..................._
SHEET DRAWING INDEX NO: REV:
, or 1 A-N0442-162
lAASLD
Wi_Millerf)
New Dirllc1ions In Planning, Daign & Engineering
Agenda Item No, 16E2
EXUl81T ~uly 26, 2005
~II;N /Page 9 of 10
Page tt4 ';f
Legal Description
PARCEL A
Being a portion of Section 23, Township 48 South, Range 26 East
Collier County, Florida
A parcel of land being a portion of Section 23, Township 48 South, Range 26 East, Collier County,
Florida, being more particularly described as follows:
BEGINNING at the Northwest comer of Tract G, Heritage Bay Commons, as recorded in Plat Book
43, Pages 46 through 54 of the Public Records of Collier County, Florida; thence N.89033'01"E.,
along the North line of Tract G, a distance of 48.15 feet to the intersection of the North line of Tract
G with the Westerly right of way of Bellaire Bay Drive; thence S.28017'47"E., along said right of
way, a distance of 1 03.12 feet to a point of curvature; thence along the arc of a tangent curve
concave to the Northeast, having for its elements a radius of 180.00 feet, a central angle of
26041'41", a chord of 83.11 feet, a chord bearing of S.41038'37"E., an arc distance of 83.86 feet;
thence, leaving said right of way, S.00050'35''E., a distance of 56.35 feet; thence S.89009'25'W,, a
distance of 150.00 feet; thence N.00050'35'W., a distance of 211.10 feet to the POINT OF
BEGINNING.
Containing 22,500 square feet, more or less.
Subject to easements, restrictions, reservations and rights-at-way at record.
Bearings are based on the West line of the Tract G, Heritage Bay Commons as being
N.Ooo50'35'W.
Prepared by:
W;lsonMil'~r, In"c; ~-~ _ t;J .
- lJ - I ~J~
GaryW forcf...p-" e~oi1al Surveyor & Mapper
Florida . ~i.~tratio~,~ :L~305
Not valid without the. -signature and the original raised seal of a Florida licensed surveyor and
mapper.
June 27, 2005
Date
P,I.N.: N0442-204-002 MASLD
Ref,: 0-0442-1162 (0442-162001,dwg)
Date: June 27. 2005
Offictls strllttlgiclllly locllttld to .ervtl our clients 800.649.4338
FtKtMytlrs 0fIIcB 4571 COIcI1/a1 Boutevarr1- Fort Myers. Rortaa 33912. 239.939,1020. Fax 239,939-3412
lfIIIIBontrr/IIoom
8121f2<<6. 301~ Ver. 011. GRASHFORD
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WilsonMiHer.lnc. - Fll.;~_1 LC-COOO'70
Wi_Millert;
Agenda Item No, 16E2
EXHIBIt:~A6o ~~~~
Page Ij of Lf
New Directions In P/annill(/, Design & EngifltJilring
legal Description
PARCEL B
Being a portion of Section 23, Township 48 South, Range 26 East
Collier County, Florida
A parcel of land being a portion of Section 23, Township 48 South, Range 26 East, Collier County,
Florida, being more particularly described as follows:
COMMENCING at the Northwest comer of Tract G, Heritage Bay Commons, as recorded in Plat
Book 43, Pages 46 through 54 of the Public Records of Collier County, Florida; thence
N.89033'01"E., along the North line of said Tract G, a distance of 48.15 feet to the intersection of
the North line of Tract G with the Westerly right of way of Bellaire Bay Drive; thence S.28017'47"E.,
along said right of way, a distance of 103,12 feet to a point of curvature; thence along the arc of a
tangent curve concave to the Northeast, having for its elements a radius of 180.00 feet, a central
angle of 26041'41", a chord of 83.11 feet, a chord bearing of S.41038'37"E., an arc distance of
83.86 feet to the POINT OF BEGINNING; thence continue Easterly along said curve through a
central angle of 38007'40", a distance of 119.78 feet to a point of reverse curvature; thence along
the arc of a tangent curve concave to the Southwest, having for its elements a radius of 170.00
feet, a central angle of 93008'44", a chord of 246.92 feet, a chord bearing of S.46032'46"E., an arc
distance of 276.37 feet; thence, leaving said right of way of Bellaire Bay Drive, N.89058'24'W., a
distance of 25.00 feet to a point of curvature; thence along the arc of a non tangent curve concave
to the Southwest, having for its elements a radius of 145.00 feet, a central angle of 93008'44", a
chord of 210.61 feet, a chord bearing of N.46032'46'W., an arc distance of 235.73 feet to a point of
reverse curvature; thence along the arc of a tangent curve concave to the North, having for its
elements a radius of 205.00 feet, a central angle of 33013'28", a chord of 117.22 feet, a chord
bearing of N,76030'24"W., an arc distance of 118,87 feet; thence N,00050'35'W., a distance of
29.92 feet to the POINT OF BEGINNING,
Containing 9,382 square feet, more or less.
Subject to easements, restrictions, reservations and rights-of-way of record.
Bearings are based on the West line of the Tract G, Heritage Bay Commons as being
N.00050'35'W.
Prepare~ by: . . . . _ .
. '/
WilsonMJPer, ,~c. '; .
June 27. 2005
Date
Not valid withouf'the signature and the original raised seal of a Florida licensed surveyor and
mapper.
P.I,N,: N0442-204-002 MASLD
Ref.: 0-0442-162 (0442-162001,dwg)
Dale: June 27. 2005 Offices strategically located to serve Dur clients 800.649.4336
Fort MJws 0fIice 4571 Colonial BoufevarcJ. Fort~, F/orfda 33912. 239,939,1020. Fax 239,939-3412
wIItIonmiIIer.com
en.7~ 39133 "'... 01~ GRASl-FORO
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Wi/~onMif(flr.lnc. - Ft liel LC.COOOr70
Agenda Item No. 16E3
July 26. 2005
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for the conveyanee of GAC Trust
Reserved Land to the CoWer County Parks &. Recreation Department for a
Neighborhood Park for the residents of Golden Gate Estates.
OBJECTIVE: To approve and execute an Agreement between Collier County. a political
subdivision of the State of Florida. by its Board of County Commissioners. acting in their
capacity as Trustee of the GAC Land Trust (Trustee). and Collier County. a political subdivision
of the State of Florida for and on behalf of the Parks & Recreation Department (County). which
provides for the conveyance of Unit 97, Tract 10, Golden Gate Estates. consisting of 5.22 acres
(Land). The Land is located on the comer of Oaks Boulevard and 20th Avenue NW.
CONSIDERATION: On November 15. 1983. Avatar Properties Inc.. and Collier County
entered into an Agreement (1983 Agreement) that dedicated 1,061.5 acres of property in Golden
Gate Estates to the County. The dedication came with the stipulation that the land itself or money
derived from the sale of the land would be used by the Board for purposes directly beneficial to
the residents of Golden Gate Estates. i.e.. fire and police protection facilities and services. public
schools. libraries. and recreational facilities. The 1983 Agreement also provided that all capital
improvements must be physically located within the geographical boundaries of Golden Gate
Estates.
,-
On March 21. 2005. the Golden Gate Estates Land Trust Committee (Committee) unanimously
recommended that Trustee approve removing the Land from the Reserved List and authorize its
conveyance to the County, In addition, the Committee recommended that the conveyance be
made free of compensation and with restrictions limiting the use of the Land to a Neighborhood
Park. The Land will revert back to the Trustee should the County's use of the Land fail to be in
compliance with the restrictions.
As required in the 1983 Agreement. a "Letter of No Objection" (copy attached) has been secured
from Avatar Properties. Inc. The attached Agreement has been reviewed and approved by the
County Attorney's Office.
FISCAL IMPACT: Recording costs not to exceed Ten Dollars ($10,00) will be paid from the
appropriate 60S Operating Fund.
GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County Growth
Management Plan.
~
RECOMMENDATION: That the Board of County Commissioners. Acting as Trustee
approve and authorize Chairman Coyle to execute the attached Agreement; authorize
Chairman Coyle to execute the Statutory Deed once it is approved by the County
Attorney's Office; and authorize recording of the Statutory Deed in the Public Records of
Collier County, Florida; and Acting as County, accept the Stat\1tory Deed; approve the
Agreement; and authorize Chairman Coyle to execute the Agreement.
PREPARED BY: Toni A. Mott, Manager, Property Acquisition & Sales, Real Estate Services I
Facilities Management Department
Agenda Ilem No, 16E3
July 26, 2005
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMI8SIONERS
111m Numblr
111m 8ummory
lSEa
Recommendation 11) approve an Agrlltement for the conveyance of GAC Trult Reserved
Lind to the. Collier County Pirkl & Recreltlon Department for I Neighborhood Park tar the
residents 01 Golden Gole Estates.
"7126/2005 0:00,00 AM
Mooting D.t.
Prep.....d By
Dot.
Toni A. Mot1
Rea' Proparty Supervisor
71112006 1:~0:2. AM
Adminiatnltive Services
F.acflltiea Managem..,t
Approved By
Skip Camp, C.F.M.
FecilKie, MIWlOliIlHJWtnt Director
Oat..
Admlnl.ntw. Service,
FaeIUti.. Management
7/./2006 11 :07 AM
Approved By
Charles E. Cnrrington, Jr.,
SRIWA
Rua' Estata Servlc:e. MonQger
Dat.
Admlnisarftttvt!' Saryjc..
Facilities ManaglDmvnt
7/11/2006.:64 AM
Approved By
Am.nda Townnnd
Openrtionli Coordinator
Dot.
Public Serv~u
P.rks and Recreation
7/11/20051:31 AM
Approved By
Len Oolde-ft Prlc-.e
Adnllnlat....lvll Slttvlcna Admtnistrator
a.te
Administrative Services
Administrative Servicu Admin,
7/11/20053:11 PM
Approved By
OMS Coordinator
Admlnistl'lltlve A..I.rant
DB"
County "'.nager', OffiCII
Office of Manngntnent & Budg.t
7/12120051:24 AM
Approved By
Michul Smykawskl
Management &. Budget Director
Date
County MIIIlI.~lor'll Oft'icft
ONI&1I01 M.n_genllmt & Budgnt
7112120054:05 PM
Approved By
Jamlt# V. Mudd
BOlllrd ot County
Commlssionll'.l11
County M.n.g.r
Dute
County Manager's Office
7/12/20065:41 PM
.
Agenda Item No, 16E3
July 26, 2005
Page 3 of 5
AGREEMENT
THIS AGREEMENT made this day of , 2005 between COLLIER COUNTY,
A POllnCAl SUBDIVISION OF THE STATE OF FLORIDA, BY ITS BOARD OF COUNTY
COMMISSIONERS, ACTING IN THEIR CAPACITY AS TRUSTEE OF THE GAC LAND TRUST
(hereinafter referred to as the "Trustee") whose mailing address is 3301 Tamiami Trail East, Naples, Florida
34112, and COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA FOR AND
ON BEHALF OF THE PARKS AND RECREATION DEPARTMENT OF COlliER COUNTY, (hereinafter
referred to as the "County") whose mailing address is 3300 Santa Barbara Boulevard, Naples, Florida
34116.
WHEREAS, Trustee has acquired 1,061,5 acres, located in Collier County, Florida (hereinafter referred
to as "Property"), from Avatar Properties Inc. f/kJaI GAC Properties Inc. in accordance with the November
15, 1983 Agreement between Avatar Properties Inc. and Collier County, (hereinafter referred to as the
"1983 Agreement"); and
WHEREAS, pursuant to the 1983 Agreement, the Property deeded to the Trustee and/or the monetary
proceeds acquired from the subsequent sale of said Property are to be used to provide govemmental
facilities within and for the geographical area known as "Golden Gate Estates"; and
WHEREAS, the Trustee currently has lands set aside on a Reserved List in anticipation of greater
future marketability potential or for future government needs; and
WHEREAS, the Trustee has determined that the removal and conveyance of one (1) parcel from the
Reserved List to the County is in accordance with the intent of the provisions of the 1983 Agreement and
accomplishes the purposes of said 1983 Agreement by enabling the Parks & Recreation Department to
provide a Neighborhood Park, which will provide added recreational services to the residents of the Golden
Gate Estates area; and
WHEREAS, Avatar Properties Inc. has provided a "Letter of No Objection", dated "-,~-05 ,
approving the conveyance of one (1) parcel from the Reserved List to the County.
NOW THEREFORE, in consideration of the above premises which are incorporated herein and made
part of this Agreement, and in further consideration of the mutual covenants set forth below, and other good
and valuable consideration, acknowledged by the parties to be sufficient, just and adequate, the parties
hereto do agree as follows:
1, Trustee hereby agrees to convey to the County, via Statutory Deed and for no monetary
compensation, all of Tract 10, Golden Gate Estates, Unit 97, to be utilized by the County for purposes
hereinafter stated, (hereinafter referred to as the "Lands"), in accordance with the terms and conditions of
this Agreement, provided said Lands are to be used solely for the purpose of providing a neighborhood park
in Golden Gate Estates.
2. The Country agrees and warrants that the Lands shall be utilized solely by the County for the
primary purpose of providing a neighborhood park in Golden Gate Estates.
3. In the event that the Lands cease to be utilized by the County as described in Paragraph 2, or if
the Lands cease to be used in accordance with the aforementioned restrictions and limitations, said Lands
shall automatically revert back to the Trustee,
4,
This Agreement is governed and construed in accordance with the laws of the State of Florida.
5.
below:
Any notice required by this Agreement shall be addressed to the parties at the address set forth
IF TO THE COUNTY:
Collier County
clo Parks & Recreation Department
330 Santa Barbara Boulevard
Naples, Florida 34116
IF TO THE TRUSTEE:
Collier County
clo Real Estate Services
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
..
Agenda Item No, 16E3
July 26, 2005
6, This Agreement represents the entire Agreement between the parties, and no promifl,ge 4 of 5
representation, warranty or covenant not included in this Agreement or any such referenced agreements
has been or is being relied upon by either party. No modification or amendment of this Agreement shall be
of any force or effect unless made In writing and executed and dated by both parties,
IN WITNESS WHEREOF, County and Trustee have caused this Agreement to be duly executed on the day
and year first above written,
AS TO TRUSTEE:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
COLLIER COUNTY, A POLITICAL SUBDIVISION
OF THE STATE OF FLORIDA, BY ITS BOARD
OF COUNTY COMMISSIONERS. ACTING IN
THEIR CAPACITY AS TRUTEE FO THE GAC
LAND TRUST
By:
FRED W. COYLE. Chairman
AS TO TRUSTEE:
DATED:
ATTEST:
DWIGHT E, BROCK. Clerk
COLLIER COUNTY. A POLITICAL SUBDIVISION
OF THE STATE OF FLORIDA, FOR AND ON
BEHALF OF THE PARKS & RECREATION
DEPARTMENT OF COLLIER COUNTY
By:
FRED W. COYLE, Chairman
Approved as to form and
r;;Z7 ^---
eidi F, AShton
Assistant County Attorney
AVATAR PROPERTIES INC.
Agenda Item No, 16E3
July 26, 2005
Page 5 of 5
June 13, 2005
RECEIVED
Collier County Government
Administrative Services Division
Real Estate Services
3301 East Tamiami Trail
Naples, Florida 34112
..,.....,..
, .
REAL ESTATE SERVICES
Attention: Toni A. Mott, Manager
Property Acquisition & Sales
Re: 1983 Agreement between Avatar Properties Inc. and Collier County.
Proposed Land Conveyance: Collier County Parks & Recreation
Department
All of Tract 10, Golden Gate Estates, Unit 97
Dear Ms. Mott:
On behalf of Avatar Properties Inc., I would hereby acknowledge receipt of your recent
correspondence dated June 5, 2005 which references the above captioned matter, I
reviewed your correspondence and the attachments thereto and would hereby confirm to
you, that Avatar Properties Inc. does not have any objection to the recommendation of the
Golden Gate Estates Land Trust Committee nor the form of the Agreement, dealing with
the establishment of the Neighborhood Park for the residents of Golden Gate Estates.
If you have any questions concerning the above or if I can be offurther assistance, please
feel free to contact me at your convenience.
Very truly yours,
~~.
Dennis J. Getman
Executive Vice President -
General Counsel
DJG/ovn
P,Q. Box 023000, Miami, Florida 33102-3000 - (305) 442-7000 FAX (305) 448.9927
M:\DAlL YIOETMAN\OIIIlDAILETTIIRSIMOTI,6-13.05,doc:
Agenda Item No. 16E4
July 26, 2005
Page 1 of 4
,.,....-.
EXECUTIVE SUMMARY
Recommendation to ratify additions to, modifications to and deletions from the 2005 Fiscal
Year Pay and Classification Plan made from March 24, 2005 through June 30, 2005.
OBJECTIVE: For the Board of County Commissioners to ratify additions to, modifications to
and deletions from the 2005 Fiscal Year Pay and Classification Plan.
CONSIDERATION: Attached, as Exhibit I, are additions to, modifications to and deletions
from the County's 2005 Fiscal Year Pay and Classification Plan that were made between March
24, 2005 and June 30, 2005. The additions, deletions and modifications result from reviews of
classifications in certain departments and department reorganizations. These additions,
modifications and deletions have occurred since the Pay and Classification Plan was approved in
September 2004
FISCAL IMPACT: The results of this action will have a fiscal impact to the County for
minimal salary adjustments which are absorbed by individual departments.
GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated
,-, with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners ratify additions to,
modifications to and deletions from the 2005 Fiscal Year Pay and Classification Plan.
Prepared by: Donald B. Albones~ Manager - Compensation, Human Resources Deparbnent
,..~
1
Agen,1a Item No. 16E4
July 26, 2005
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
111m Numblr
Item aumll\lry
16E4
Recommendation to ratify addl1lonl fa. modifications to and d"ll!1ions from the 2005 Fiscal
Year Pay and Cla..iflcaUon Plan made from March 24. 2006 through June 30. 2005.
7/26/20059:00:00 AM
_Ing D.'.
Prepared By Do"
Oltn.-td Albon...' Compeu~njDn M..,.agur 7/11/200& 1:37:00 AM
Administrative Servlu, Humtn Re-source.
Approved By
Donilld Albonesl Campen.aiion __.nnGer Dllte
Administrative Servlces Human Resoll rccli 7/11/200& B:30 AM
Appro.'" By
Jean Merritt Humin Relource. Dlrwctor DatI!
Admlniatrative Servic.. Human ReJ;ourCII& 7111/200511:05 AM
Appro.ed By
Len ODld." Price Administratlv. Servlc.. Adrnini'ltrator Dot.
Admlnl.,ratlv4t Servlen. Adminiatratlvlt a.Nice. Adnlln. 71111200& 3:0B PM
Appro.'" By
OMB Coordinator Administrative Aslictant Dote
County Manll9."" Office Office of Managem..,t & Budget 7112/200& 9:25 AM
Appro.ed By
Michelli SmykQwski Man_gem_flt" Budfl.t Dlrec:tur D4Itll
County N.nllge,', Office OtflC4' of M.nagem.nt & Budget: 7/121200& 3:5. PM
Appro.ed By
Jamea V. Mudd County Men.glllr Do"
80a,d ur County County MM_O.r'"$ Office 7/1212005 5:30 PM
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Agenda Item No. 16E5
July 26, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve the purchase of a Confined Space Gas Monitor System for the
Water, Wastewater and Risk Management Departments,
OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Govemlng Board of Collier County
Water-5ewer District approve the purchase of a Confined Space Gas Monitor System for the Water, Wastewater
and Risk Management Departments.
CONSIDERATIONS:
The Water, Wastewater and Risk Management Departments require gas monitor detection devices for use in
confined spaces. Confined spaces present many dangers such as lack of oxygen (dHd-alr space), resulting In
rapid suffocation, fire or explosion from an accumulation of undetected flammable and I or toxic vapors. An
added danger is poor visibility and difficulty exiting the space in the event of an emergency, Regulatory agencies
require workplaces to have a plan for working In confined spaces safely, Employees need to know that the
atmosphere in the space Is tested and found to be free of dangerous levels of toxic or flammable vapors and that
there Is sufficient oxygen, Proper atmosphertc testing can prevent a catastrophic event from happening.
Both the Water and Wastewater Departments have outdated gas monitors that must be manually calibrated prior
to use. Sensors are also utilized within these monitors that can fall to function properly without wamlng signals to
employees and they do not have sensors to detect ammonia which Is critical for the Water Department. These
older models are also no longer supported,
There are several benefits to Purchasing a unified Gas Monitor System that will network with the Water,
Wastewater and Risk Management Departments. Automation of the calibration process that will notify Risk
Management Immediately If a gas monitor falls calibration will ensure that calibration Is performed properly and at
user-defined intervals, thereby eliminating the opportunity for error. Increased compliance with codes because
data can be stored and reports Nn to help declslon-maklng and document Due Diligence, There will be Increased
system reliability. Automatic self-monitoring of unit functions enhances reliability by providing an on-going
indication of operability. Full support and maintenance is part of the package, including training on new models
that Is essential to make sure that all personnel understand their function and responsibilities.
The water and wastewater departments currently have seven (7) old monitors to be replaced and need four (4)
additional units to meet demand. Risk Management will need one unit, for a total of twelve (12) units to be
purchased.
These departments currently utilize Industrial Scientific Brand Gas Monitors and wish to continue using this
manufacturer's equipment as Industrial Scientific Is the undisputed leader in this field. In addition, employees are
very familiar with the functions and controls of this brand of gas monitor, reducing time spent training with the new
monitors. Industrial Scientifics' only vendor, SAFECO, Inc. is providing Collier County with a $400 trade-in value
for each old unit we currently have, SAFECO, Inc. will also be discounting the price of the additional monitors to
be purchased by the same $400 value. No other manufacturer makes this type of gas monitoring system and
there are no comparable products on the market.
FISCAL IMPACT: Funds are available In the Risk Management Operating Fund 518, Other Machinery, In the
amount of $67.488.68 for this specific purpose.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive
Summary.
RECOMMENDATION: That the Board of County Commissioners, as Ex-Officio the Goveming Board of the
Collier County Water District, approve the expenditure of $67,488.68 for the purchase of a Gas Monitor System
for the Water, Wastewater and Risk Management Departments.
PREPARED BY: Greg Barlow, Risk Management Safety Engineer,
Agenda Item No, 16E5
July 26, 2005
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
n.m Numb.,
110m Summery
16ES
Recommendation to approve. confined space gas monitoring GYltem for the watar,
wastewater and risk managemem departments,
7/26120069:00:00 AM
Mootl ng Dot.
Appro.ed By
J8ffrey A. Walk.,. CPCU. ARM Risk; Mllnllgement Di,.ctor 001.
Administrative Servico, Risk Man.gem,,"_ 71111200610:69 AM
Appro.ed By
Plul Mattau.ch Water Director Don.
Public Utllltie.. Water 7111120064:27 PM
Appro.ed By
O. Oeorye Yllmlll Solid Wallt., Director D...
Public utilities SofidW..... 7/11120054:37 PM
Appro.ed By
Mlchnol T. Dock SlIftlty M_".ger O.te
AdmtlllSltriltin Servic:es R;ak M;umpem.nt 71121200610:46 AM
Appro.ed By
Scott Johnson Purchalllhg Agent 0...
Administrative Services Purchnwing 711312006 1 :20 PM
Appro.ed By
Mike HAuer Acquisition Mllnllg.r Dol.
Administrative Service. PurPhning 7/13/20061:23 PM
Appro.ed By
Stove Cilmel! PurchuhlfllGe"erill S'Vca Dlrectur Du1.
AdminIstrative S.",ic.es Purch....'nfl 7/13/20051 :21 PM
Approved By
Skip ell""" C.F.M. FaclUtiful MnnOlJfllnenl: Olrac1:or 0...
Administrative Servlc.. Facilities Manegement 7113120063:42 PM
Appro.ed By
OMS Coordinator Administrative A..latant D.te
CUlJnty Man'ger's Office Ottl~ ,,1 MRllltglMn.nt & Budget 7/13/20054:11 PM
Appro.ed By
Mlchllel 8n'ykowakl Manllgement & Budget Direc.tor Oat"
County Man'aer's Office Office of Man80Dment & Budget 7/11/200611:26 AM
Approved By
JamuK V. Mudd County M.n.g.r Dol.
Board of County COIJtlty Manaliler's ottl<:e 7/16120061:00 PM
Commlsiiollltl"ll
Agenda Item No, 16E5
July 26, 2005
Page 3 of 3
INDUSTRIAL SCIENTIFIC
CORPORATION
10010ekda1eRo&cl
08kd8Ie. PA 15071-1500
USA
Phone: (412) 788-4353
1-8OO-DETECTS (338-3287)
Fax: (412) 788-8353
www.lndscI.oom
July 13. 2005
Reference: Industrial ScIentItIc CorporatIon 052 DockIng StatIons
Greg Bartow
Safety Engineer
Collier County Government
Risk Management Deparlment
3301 East Tamlami Trail, Building 0
Naples, FL 34112
Dear Mr. Barlow:
The purpose of this letter is to provide written notification that Industrial Sdentiftc is the sole source manufacturer of
gas detection equipment that makes a DockIng StatIon TM which establishes 2-way communication between a gas
monitor and a Docking StatIon TM. this 052 DockIng StationTM Is also the only one that can be LAN nelwotk
configured,
In addition, SAFECO, 100 is the only vendor in the State of Florida that can implement. train, and provide technical
support on the OS2 Docking Station'RI network.
The U.S. patent number for the DS2 is 6,442.639 B1, Date is August 27. 2002.
If there are any questions regarding the information in this letter, please contact me at 412-490-1912,
Thank you.
w~
Jason Wright
5aIes Development Specialist
Industrial Scienlific CorporatIon
E-malledto:GreaBartowcmcollieraov.net
cc: Doug Shales, Ise
~Id!
OUR MISSION
o.Ign - ManufKIIn. w: HlghIIt crJIIlly JlI'ClCU*I trlhe pI8NIV8lIan of.. end property
PrcMd<< ae..C1IIU1W'......1MIIlIble
Agenda Item No. 16E6
July 26, 2005
Page 1 of 2
,-
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment to Increase
appropriations and associated revenues for operating costa In Fleet
Management Fund (521) in the amount of $80,000.
OBJECTIVE: Obtain Board approval of a budget amendment to Increase
appropriations and associated revenues in Fleet Management Fund (521) in the
amount of $60,000.
CONSIDERATIONS: Fleet Management Department costs for repair parts were
underestimated in the FY04-05 budget by $60,000. Principal contributors to this
shortfall have been greater than average costs to maintain service levels for
EMS ambulances and for Collier Area Transit (CAT) and MPO- Transportation
Disadvantaged Program buses as well as other heavy equipment requirements
under Fleet Management's responsibility. This budget amendment is needed to
cover the costs of parts for the remaining current fiscal year maintenance and
repair requirements.
FISCAL IMPACT: Appropriations for operating costs in Fleet Management
Administration Fund (521) will increase by $60,000, Since Fleet Management is
an internal service fund, the additional operating costs will Hpass through" to
affect the budgets of using departments and organizations,
GROWTH MANAGEMENT IMPACT: No growth management impact is involved.
RECOMMENDATION: That the Board of County Commissioners approve a
budget amendment to increase the FY04-05 Fleet Management Fund (521)
operating budget expenditures and associated revenues by $60,000.
PREPARED BY: Lynn A. Evans, Fleet Operations Supervisor
,-
Agenda Item No, 16E6
July 26, 2005
Page 2 ot 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
"am Number
llam Summary
16ES
Recommendation to approve 8 budget iIImendment to increase the FY[)4.06 Fleet
MansQemem Fund (521) operating budget expenditures and liIiloclated favenues by
$60,000,
7125/20059:00,00 AM
Mtatlng Data
Prepared By
Date
Lynn A. E\lan.
Fleer Operations Supervlilor
7/12/2005 ':38:21 AM
Administrative Servl"s
Ff..t Management
Approved By
Michuol Smykowski
Munllgoment & Budget Director
0...
County Manager's Offlc:e
Offlc. of MotJAglMn.nt & Budget
7/12/20059:01 AM
Approved By
Oli!ln Croft
FIHt Management DiNctor
Oat.
Adlnlnistratln Servten
FI.... Mal1agement
7112120l1S 8:18 AM
Approved By
OMB Coordinetor
Admioimativo AliI,,'-t.nt
Date
County Nanager's Office
ortlea of Manag.mant & Budget
7112/2005 0:21 AM
Approved By
MllnclucklHUl
Budfflt1 Analyaf
Ontp.
County Manager's Office
Office 01 Management & Budget
7/12/200610:30 AM
Approved By
JemcI V. Mudd
Bnaro of County
Cutnlnluiullltnt
County Manager
Oat.
County Manaoer'a Office
7/12120062:00 PM
Agenda Item No, 16E7
July 26, 2005
Page 1 of 18
/--
EXECUTIVE SI1MMARY
Recommendation to approve an agreement with Collier County Dlltrict School
Board for the 2005 Driver Education Grant Program
OBJECTIVE: To receive approval of an agreement with the District School Board to
allocate Driver Education Grant funds for summer driving school and supplies and new
equipment needed to provide equity for all programs within the district.
CONSIDERATIONS: On July 29, 2003, the Board of County Commissioners adopted
Ordinance No. 2003-39, entitled ''Dori Slosberg Driver Education Ordinance" to
authorize the collection of a surcharge to supplement driver education funds and to
establish the Driver Education Trust Fund 173. The Board further approved grant
program procedures on October 14, 2003 that authorize the County Manager, or
designee, to solicit grant applications and to negotiate a grant agreement with any eligible
applicants,
--
Grant program guidelines and applications were sent to each of the private high schools
and the District School Board April 1, 2005. A response was received only from the
District School Board to fund a summer driver education program and to pay for new
supplies and equipment for the regular and summer school programs at a cost of
$199,267. The Summer School program is also open to private high school students.
The agreement was written to allow extensions for future years assuming the School
District may submit applications of a similar nature in 2006 and beyond If any
applications are received from private schools, a separate agreement will need to be
negotiated and approved.
FISCAL IMPACT: If approved, funds in the amount of $199,267 will be provided
within 45 days to the District School Board from Fund 173, Driver Education. A budget
amendment will recognize $122,897 in carry forward revenue and the $76,370 balance is
available in reserves.
GROWI'H MANAGEMENT IMPACT: There is no impact to the Collier County
Growth Management Plan.
LEGAL CONSIDERATIONS: The agreement has been reviewed and signed for legal
sufficiency.
RECOMMENDATION: That the Board of County Commissioners approve an
agreement with Collier County District School Board for the Driver Education Gtant
Program and approve the associated budget amendment.
PREPARED BY: Marlene Foord, Grant Coordinator, Administrative Services.
..--
Agenda Item No 1 ~E7
July 26, 2005
Page 2 of 18
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
tt.m Number
nom Summory
16E7
Recommendalion to approve an agrl!tement with Collier County District School Board for
lhe 2005 Driver EduclUon Grant Program
7126/20059:00:00 AM
Mooting DolO
Prepared By Date-
Marlena J, Fourd O'antl Cl)wdlootu( 71111200a .:10:01 All
Administrative Services; Adm'"latnlltlve Servh::.. Admin_
Approved By
Jltflnltttr A. Bulplldio Anisttlnt Count)' AttornllY a.tlt
County Attorney Count)' AttoNley Offw.o 71111200a 4:" PM
Approved By
S~jp Camp, C.F.M. Fac.Ulti.s Management Director 0...
Adminils.trative SlIIrvicu Faclmi.... Management 71121200612:50 PM
Approved By
Skip Camp, C.F.M. FlieRltin Management Director 0...
A,dmlnttat.rutive Sltrvjl;ltll- Facllltlel' MllnaU4'lhlflut 71121200612:0 PM
Approved By
OMS Coordinator Administrative Anictant Date
County Manaver', Office Office of Manag.m,,", & Budgltt 7/131200511:01 AM
Approved By
Mil:h...1 Srnykowskl MnrlltQflmell1'" B\.Idglllt Director O..tn
Counw Man.ger's Office Otfi~ of Man.gem8"1 & Budget 7i1112005 10:20 AM
Approved By
James V. Mudd Count)' Manlllger Oatft
B<uud Df Cuunty 7/1&1200S 12:13 PM
Cammlsslonlll'. County M.n.g.r',; Office
Agenda Item No, 16E7
July 26.2005
Page 3 of 18
AGREEMENT BETWEEN COLLIER COUNTY
AND
DISTRICT SCHOOL BOARD OF COLLIER COUNTY
FOR DRIVER EDUCATION GRANT
TIllS AGREEMENT, is entered into this
day of
, 2005 by and
between Collier County, a political subdivision of the State of Florida, located at 3301 Tamiami
Trail E., Naples, Florida 34112, hereinafter referred to as "COUNTY", and the District School
Board of Collier County, located at 5775 Osceola Trail, Naples, Florida 34109, hereinafter
referred to as "SCHOOL BOARD."
WHEREAS, Section 318.1215 of the Florida Statutes, entitled "Dori Slosberg Driver
Education .Safety Act," authorizes the Collier County Clerk of the Circuit Court to collect an
additional three dollar ($3.00) surcharge on all civil traffic penalties in County Court to be used
to fund the direct education expenses of traffic education programs in both public and non-public
high schools; and
WHEREAS, on July 29, 2003 the Collier County Board of County Commissioners
adopted Ordinance No, 2003-39, entitled "Dori Slosberg Driver Education Ordinance"
(Ordinance) to authorize the collection of the surcharge to supplement already existing driver
education funds and to establish the Driver Education Trust Fund 173 (Trust Fund); and
WHEREAS, as required by the Ordinance, procedures for the disbursement of collected
funds were established by the County Manager or his designee and were approved by the Collier
County Board of County Commissioners on October 14,2003; and
1
Agenda Item No, 16E7
July 26, 2005
Page 4 of 18
WHEREAS, the SCHOOL BOARD responded as the sole applicant to the 2005 Driver
Education Grant Program request for proposals that was sent to the District School Board and all
non-public high schools listed in the Driver Education Grant Program; and
WHEREAS, this Agreement is consistent with the requirements of the Ordinance and
the requirements of the Driver Education Grant Program;
NOW, THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed by the Parties as follows:
I. A V AILABD..ITY OF FUNDING
.
Total funding available in the Driver Education Trust Fund, as of April 1, 2005, was $199,267
(Funds). Additional surcharges continue to be collected and will be available for the 2006 Driver
Education Grant Program cycle,
D. USE OF FUNDS
The SCHOOL BOARD agrees that it: (1) will use the $199,267 solely for eligible direct
educatioD expenses including the purchase of goods and services, such as driver education course
materials, vehicles exclusively used for driver education programs, driver simulators, and
salaries of driver education instructors, (2) willllQ! use the Funds for administrative expenses,
and (3) willllQ! use the Funds to supplant already existing funds, The SCHOOL BOARD further
agrees that it will also comply with all additional Ordinance terms and requirements concerning
the use of funds, attached. as Exhibit A.
ill. PROJECT
2
Agenda Item No, 16E7
July 26, 2005
Page 5 of 18
The SCHOOL BOARD agrees that it will only implement the project as represented in its
Application Form (Application), attached as Exhibit B, and as permitted by the Driver Education
Grant Program, attached as Exhibit C.
IV. DISBURSEMENT OF FUNDS
The project as identified in the Application requests $199,267 to be disbursed by the COUNTY.
No later than 45 days from the execution of this Agreement by both parties, the COUNTY will
disburse the FUNDS to the SCHOOL BOARD. Monies disbursed, but not spent at the end of
the project's time frame must be returned to the COUNTY within 45 days to be deposited back
into the Trust Fund for disbursement in the following year to eligible applicants.
v. PROJECT TIME FRAME
The SCHOOL BOARD has represented in its Application that the project will begin on June 1,
2005 and end no later than June 30, 2006.
VI. PROJECT REVIEW
Within 90 days following completion of the project or termination of the grant period (whichever
comes first), the SCHOOL BOARD agrees to submit a final report to the COUNTY program
contact as identified in Exhibit C, which: (I) outlines how the Funds were used, (2) includes
copies of all invoices and checks and any other documentation of expenditures, and (3) verifies
that the Funds supplemented, but did D2! supplant existing funds. Failure to provide this report
will constitute breach of contract and will affect the SCHOOL BOARD'S eligibility for future
funding. The COUNTY has the right to audit the paperwork and project at any time during or
after the project.
3
Agenda Item No, 16E7
July 26, 2005
Page 6 of 18
VD. AMENDMENTS
Either party may request amendments to this Agreement, which may include, but is not limited to,
an amendment to the project or the project time frame, at any time by submitting a written request
to either of the following program contacts as identified in Exhibit C. Any minor amendment
such as a time extension for the C1.UTent project or change within the project description that
requires movement of funds within the approved grant budget may be accepted by the County
Manager and Superintendent of Schools. Any other amendment requires approval. by the District
School Board and the Collier County Board of County Commissioners.
VID. BREACH
A failme to comply with any term or requirement of this Agreement, the Ordinance, or the
Driver Education Grant Program will result in a breach of this Agreement. If any controversy,
claim or dispute between the parties arises out of or relates to this Agreement or the breach
hereof. the prevailing party shall be entitled, in addition to such other relief as may be granted, to
a reasonable sum as and for attorneys' fees, which shall be determined by the court if the matter
is litigated, or otherwise in a separate action brought for that purpose, provided that the sum
awarded shall not alter the limits of liability established in Section 768.28, Florida Statutes.
Subject to the limitations set forth in Section 768.28, Florida Statutes, the SCHOOL
BOARD agrees to indemnify, defend and hold harmless the COUNTY, its, agents, officers and
directors from and against any and all fines, suits, claims, demands, penaIties, liabilities, costs or
-'
expenses, losses, settlements, judgments and awards and actions of whatever kind or nature,
including attorneys' fees and costs (and costs and fees on appeal), and damages (including, but
4
Agenda Item No, 16E7
July 26. 2005
Page 7 of 18
not limited to, all actual and consequential damages) arising from any negligent, willful or
wrongful misconduct, knowing misrepresentation or breach of this Agreement by the SCHOOL
BOARD, its agents, officers, directors or clients,
IX. RENEWAL OF AGREEMENT
Recogni7.ing that the SCHOOL BOARD may submit a similar application for the 2006 and
beyond grant cycles, both parties may consider extension of this Agreement for consecutive
years with reference to the new project as identified in the future Application Form for that year.
Any program changes may be reflected in the amendment to the agreement at the time of
consideration. Renewal of this Agreement must be approved by the Board of County
Commissioners and the School Board.
Executed this _ day of
.2005.
5
ATTEST:
DWIGHT E. BROCK., CLERK
By:
, Deputy Clerk
A lTEST:
DWIGHT E, BROCK., CLERK
By:
, Deputy Clerk
Approved as to form and legal sufficiency:
~ ~~..~
ER A LPEDIO
Assistant County Attorney
Agenda Item No, 16E7
July 26, 2005
Page 8 of 18
DISTRICT SCHOOL BOARD OF COLLIER
COUNTY, FLORIDA
By:
PATRICIA CARROLL, Chairman
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
-
,I\t
By:
FRED W, COYLE, Chairman
6
Agenda Item No. 16E7
July 26. 2005
Page 9 of 18
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AN ORDINANCE OF THE BOARD OF coVN'li:: .,
COMMISSIONERS OF COLLIER COUNTY, FLORna=:; Q
PROVIDING FOR FUNDING FOR DRIVER EDUCA TI~~ 0
PROGRAMS IN COLLIER COUNTY'S PUBLIC ANI)
PRIVATE HIGH SCHOOLS; PROVIDING FOR FINDINGS
OF FACT AND PURPOSE; PROVIDING ....OR
COLLECTION OF SURCHARGE; PROVIDING FOR
DlSTRIBurION OF FUNDS COLLECTED; PROVIDlNC
tOn. IloAl"rl.l'IUn'tlft Am)'-~ANA-~I!;Mt;NT OF-FUNDS
BUDGETED; . PROVIDING FOR CONSTRUcnON;
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSIONlN THE CODE OF LAWS
AND ORDINANCES; PROVIDING AN EFFECTIVE DA TE.
I
oJ:'"'
ORDINANCE NO, 2003-....l.!L.
:-~ .71
;::,
WHEREAS, Section 318.1215 of the Florida Statutes. entitled '"Dori Slosberg Driver
FAucation Safety Act," authorizes the Collier County Clerk of the Circuit Court ("Clerk") upon
the adoption of an ordinance by the Board of County Commissioners to collect an additional
three dollar ($3.0(l) surcharge on all civil traffic penalties in County Court to be used to fund the
direct education expenses 'of traffic education programs in both public and non-public high
schools; and
WHEREAS, the Board of County Commissioners of Collier County. Florida deems it
appropriate and. in the best interest of the public health, safety and welfare to adopt this
Ordinance to collect a surcharge to supplement alrCady existing driver education funds.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
,
CoJ.lier,County. Florida that:
SEcnON ONE: lTJ1.E AND CITATION
This Ordinance shall be known as. the "Dori Sloaberg.Drivef Bducation Ordinance."
SECI'lON TWO: FINDINGS OP PACT AND PURPOSE
(J) The U.S. Department of Transportation's National Highway Traffic Safety
Administration studies reveal that a significant percentage of young drivers arc involved in
traffic crashes and are twice as likely as adult driven to be in a fatal cl'l15h and that the problems
contributing 10 Ihesc higher crash rules include driving inexperience and lack of udeqwlle dr'!ying
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Agenda Item No, 16E7
July' 26, 2005
Page 10 of 18
(2)
There i. infOlmlltion indicaUnc that JlO[ all eligible hiJh school ItudenlS in Collier
County are given the opponunity to participllte in driver education programs.
(3) Due to the high demllnd and importance of driver education programs. existing
programs need to be expanded and lIdditional programs created.
,(4) The Board of Counry Commissioners is authorized by I 318.1215 Pia. Stat. to
enact an ordinance authorizing the Clerk to collect a three dollar ($3.00) surcharge on all ci vii
traffic penalties in County Court ro be used to fund the direct education expen~ of trafflc
education programs in both public and non-public high schools.
SECTION THREE: COU:.BCTION OF SURCHARGE
(1) Pursuant to 1318.1215 Pia. Stat., a three dollar ($3.00) lurcharge shall be added
by the Collier County Court against every perIOn who pleads guilty or nolo contendere ro, or is
convicted of, regardless of adjudication, a moving or non-moving civil traffic violatio[l.
, (2) The toree dollar ($3.()(}) surcharge shall be in lIddition to any fine, civil penulty or
other court cost and will nOl be deducted from the proceeds of that portion of any fine or civil
penalty which is received by Collier Coumy in accordance wim 11316.660 and 318.21 Fla. Stat
(3) The three dollar ($3.00) surcharge shall be specifically added to any civil penulty
paid. whether such penalty is paid by mail. paid in persOll without request for hearing, or paid
after hearing and determhlationby the court.
SECTION FOUR: DISTRIBUTION OF FUNDS COLLBCTED
(1) The Clerk shall collect the three-dollar ($3.00) surcharge in accordance with
f 318.1215 Fla. Stat.
(2) All funds collected pursUllnt to mis Ordinance shall be used for the exclusive
'PU~. of funding driver education programs. and shall be deposited into a special tnast fund to
be used to cxclusively fund me direct educatiOll cxpenlleS of traffic cducationproaramsin both
public and non-public bigh schools,
(2) All funds colloctod .han be used exclusively to IUpplement fundinS for direct
education oxpenses of traffic education prDJBms in both public .Ild non-pubHc high schools.
(3) Direct educationa' expenses are incum:d for the purchase of goods and services
including. but nol limited to, driver education course materillls. vehicles exclusively used for
, ,
driver education programs. driver simulators, and salaries of driver educlItion 'instructors /Jnd
.
"
shall not include administrative expenses.
20f4
Agenda item No. 16E7
July 26. 2005
Page 11 of18
SECfJON FJVE: EXPENDITURE AND MANAGEMENT OF FUNDS BUDGETED
(I) The County Manager, or his designee. with direction from the Board of County
Commissioners. in accordance with 1318.1215 PIa, Stat., and with the budget adopted by the
Collier County Board of Commilllioners, shall have the authority to provide for the expenditure
of funds remined to the traffic educotion program.
(2) Procedures for disbunementof the funds collected pursuant to this Ordinance
shall be developed by the Courtly Manager, or his del!Iignec, and approved by the, Board of
County Commissioners.
(3) In order to receive funds, the eligible public and non-public high schools must
make application for funds and receive approval by Collier County in accordance with the
program procedures established by the County Manager and mlSSt execute an acceptance
agreement, acknowledging that funds ,received shall be used exclusively by the recipient for
direct educational expenses for driver education proll'mI and shall not be uacd to replllCC funds
recei vcd from existing SOUTCCS.
(4) Monies that have not been disbursed at the end of each fiscal year shall be
relained for disbursement in the subsequent fiscal year(s), as appropriate.
SECTION SIX:
CONSTRUCfJON
(2) This Ordinance is to be constrUed in accordance with i 318.1215 Fla. Stat., as it
may be amended or replaced.
SECTION SEVEN: CONFUCf 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 phrue or portion of this Ordinance is held
invali~,pr unconstitutional by any court of competent jurilCliction, such portion .hall be deemed a
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SEcrION EIGHT: INCLUSION IN THE CODE OF LAWS AND ORDINANCES
The pro'visions of this Ordinance shall ~, and be made a part of. the Code of Laws
And Ordinances of Collier County, Florida. The .ections of the Ordinance may be renumbered or
roe-lettered to accomplish such. and the word "ordilUlnce" ma)' be changed to "section". "article",
or an)' other appropriate word.
, '
30f4
SECTION NINE: BPPBC'nVE DA TB
A certified copy of this Ordinance shall be filed with the Dep.nment of State by the
Cleric of the Board of Collier County Commissioners after adoption by the Collier County Board
of Commissioners. and shan take effect and be implemented ninety (90) calendar days from the
date of said filinl with the Dcpanment of SWe.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
, ~--
County, Florida, this ~ day of ~ u..L.. ';f 2003.
'J(l~ . ~
Jennifer A. B dio
Assistant Coun y Anomey
Il:JAlMrivcrl!dOrd
\
. '
.
40f4
BOARD OF COUNTY COMMISSIONERS
OFCO~E
.
._ '0' d.._ . ___._.. .,. ,
By:
Tom Henning. Chairman .
Thl. ord1nonce flIed with the
~'Y of~CFH'e. the
do)' of , ~M\ '3
and acknowledgement of that
flli~ received thla_ ~ day
OfJ1~~ ~ .
;.r~.. ~t.QJ
Agenda Item No. 16E7
July 26. 2005
Page 12 of 18
Application Form - Collier CowaIy Driver Education Grant Program
Agenda Item No. 16E7
July 26, 2005
Page 13of18
COLLIER COUNTY DRIVER EDUCATION GRANT PROGRAM
AppUcation Form
Deadline June 30, 2005
.Ay
Applicant Name: District School Board of Collier Countv
Address: 5775 Osceola Trail. Nat>lcs. Florida34109
Phone Number: 239-377-0128
Contact Person: Debra Orzden
Contact Phone Number, including extension (if different from above):
. Email Address:o~fIml1ellV.collier.k12.f}.us
Type of High School (check one) A-Yublic High School
Non-Public High School
BACKmtOUND INFoRMATION
1. List participating high school (5), address, phone number and campus con1act information (if different than above).
Barron ' Collier, Gulfcoast, Lely, Naples, Golden Gate, Palmetto Ridge, Everglades, Immokaiee
2. Brief project description. (provide more detailed description on following pages).
Summer School Driver Education Program for high school credit for both Public and Private School Students
,Equipment for year ro1lDd Driver Education Programs .
3, Approximate number of students eligible for driver education. 8.000
4. Approximate number of students to benefit from the project 5 .000
5, Anticipated project start and end dates. Start: 6/24105
End: 6/30/06
6. Total ftmds requested. $
$199.267.00
7, Total number ofbigh school students (grades 9-12) on September 1-' of previous year.
11.964
I hereby certify that a1liimds received will be used exclusively to fund the direct education eXpenses of driver education programs and
will not .1ant normally budgeted funds for driver education.
.: .'.. :EXHI8R"':'"
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o iBtrict Official
Date
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Florida 3~1 12
Re: Driver Education Gr~r Program Page I of3
AppJicationPorm - Collier County Driver Et:if4t:atton Grailt Program
Agenda Item No. 16E7
July 26,2005
Page 14 of 18
C'uRRENT DRIVER EDUCATION PROGRAM DESCRIPTION
Describe the existing driver education program. Q none exisrs, indicate such and explain wi9'.
The Driver Education program exists in all of Collier County Public High Schools. At each school, a certified
Driver Education teacher is responsible for the instruction of the class. Many oftbeteacb.ers are assigned an
aide for part of the school year to enable the teacher to take students "behind the wheeL" The two new high
schools have computer based simulation for classroom lessons and the other high. schools, with the exception
of Everglades City Schools, they have theater based simulation. The programs consist of the following
components: Road, Range, SimUlation, and Classroom This increased funding will allow for additional
equipment, computer-baSed simulators, teacher and assistant time. The goal of the program is to achieve the
National Driver Education Standards and serve as third party tester for the State Department of Motor
V chicles (DMV). Driver Education teachers can issue written and road test waivers to their students upon
proven documented competencies established by the DMV.
The initial project will include providing a new, free summer school driver education program.. In addition,
the funds will be used for new equiPment, supplies and additional fuelIma:intenanee foi tlie regular sChool year
and summer programs.
PROPOSED PROGRAMlPROJ.ECT
Describe the proposed program or project.
The district's initial project will include two summer school sites for Driver Education for both private and
public school students. Two or three teachers will work at each site, at their hourly teaching rate and funding
will be Used to provide new supplies & new equipment to provide equity for all programs within the district
Submit o~ original and two copies to Collier ColUIty Grants Coordinator", Administ7"atiw Services. Bldg. D., 3301 Tamiami Trail East, Naples.
F10rida 34112
h: Driver Education Grant Program PIIC 2 of 3
AppJieation Form . Collier County Driver Education Grant Program
Agenda Item No. 16E7
July 26. 2005.
Page 15 of 18
PROGRAMlPROJECI' BUDGET
List aD budget items and their associated cost, including, but not limited to: personnel (salary, fringe), contract services,
materials and supplies, equipmmt, etc. Note: .AIl funds must be used exclusively to .fvnd direct expenses of driver
education programs. Eligible direct education expenses include the purchase of gOods and services, including, but not
limited to, driver education course materials, vehicles exclusively used for driver education programs, driver simulators,
and salaries of driver education instructors. Administrative o;pensss are not e/i,wle for want frmdin.g.
Bubel Item Anocillted Cost
6 Driver Education Teachers for Suminer Programl200S Salary and Benefits
$47.300
Suuolies $19.655
- Eauioment $19.656
Fuel/MaintenanCe $19.656
Simulators/one pel' NHS, BCHS, ms, GCHS, EVG, LHS 6 X $15,500
$93.000
TOTAL ~'OQ "67
BUDGET NARRATIVE
TM budget 1UU7'ative should justify the direct costs associated with the program/project. including the necessity,
reasonablen.ess, tmd eligibility of all costs proposed in the above budget.
6 Driver Education Teachers for Summer Prolmlm13 teachers oer site at two sites
Collier County no longer funds a comprehensive summer school program. Drivel Education is recognized as
the number one elective in the state. However, students in advanced classes, specialized programs, and/or
students enrolled in private school may not have the opportunity to include Driver Education in their schedule
due to the rigor of their course work. This summer progtam gives students the opportunity to be properly
trained in Driver Education and is vitally important as motor vehicle crashes are the number one killer Qf
adolescents. The teachers will be paid their ovvn hourly rate.
New SUPDlies
The updated list of new supplies includes: updated videos, technological applications, paper, curriculum
materials, etc.
New EauiDment
In order to be in compliance with the new DMV third party tester contract, each school site must have an
established and approved road test course. The district will purchase cones and road signs and markings.
:Additional Fuel/Maintenance
In order to provide a quality summer program, the district must provide the behind-the-wheel component of
the course. This also requires additional fuel for the vehicles and increased maintenance costs.
New Simulators/one DerHi2h School-NHS. BCHS. ms. GCHS. EVG. LHS
The district's older high schools have old theater style simulation. A new computer based system will allow
the teachers to provide up-to-date situational experiences.
Submtt OM original and two copw to Collter County Grants Coordinator. Admini8tratille Suvicu, Bldg. D.. 3301 Tamiami Trail East, Naplll.
Florida 34 J J 2
Re: Driver Education Grant Program Pe.ge 3 00
Program Description - Collier County Driver &b4cation Grant Program
Agenda Item No. 16E7
July 26, 2005
Page 16of18
COLLIER COUNTY DRIVER EDUCATION GRANT PROGRAM
GENERAL PROVISIONS
Collier County has created the Collier County Driver Education Grant Program under the authority of
Section 318.1215 of the Florida Statutes, entitled "The Dori Slosberg Driver Education Safety Act." This
act allows the Board of County Commissioners to enact an ordinance authorizing the Clerk of Courts to
collect a three dollar ($3.00) surcharge on all moving and non-moving civil traffic infractions, except
infractions related to parking of vehicles, filed in County Court to fund the direct education expenses of
driver education programs in both public and non-public high schools.
'fheBoard of Comrty €ommissioneIsofCoHier County, Florida has-deemed it appropriate and in" the best
interest of the public health, safety and welfare to adopt Ordinance No. 2003-39 to collect this surcharge
to supplement driver education funding and, as such, to create a grant program to manage and disburse the
funds appropriately. Funds collected will be deposited into a special trust fund established specifically for
these funds. The County Manager, or designee, will request a quarterly report of these funds from the
Clerk of Courts.
By April I of each year, the County Manager, or designee, will mail a letter to the School District contact
and to each non-public high school indicating the provisions of the grant program and indicating an
approximate funding level for that year. .
USE OF FuNDs
All funds collected will be used exclusively to fund the direct expenses of driver education programs in
both public and non-public high schools in Collier County. Eligible direct education expenses include the
purchase of goods and services, including, but not limited to, driver education coW'Se materials, vehicles
exclusively used for driver education programs, driver simulators, and salaries of driver education
instructors. Administrative expenses are not eligible for grant funding. Furthermore, based on the
legislative intent of Section 318.1215 of the Florida Statutes, Collier County may lawfully disburse funds
to a new driver education program as long as the funds are used for the direct expenses of the new
program and there is no supplanting of already existing funds.
Funds will be apportioned based on the total nwnber of high school students (grades 9-12) enrolled as of
September 1 of the previous year, beginning in 2003
The application period will be May 1 - June 30 of the following year with funding based on collections
through April 1 of each year, beginning in 2004. Each applicant will be required to report on the
application the nwnber of eligible students as of September 1 of the previous year.
The apportionment of funds will be adjusted annually based on the number of students reported on each
application, or in the case that no applications are submitted, "by the County Manager, or designee, every
three (3) years to reflect changes in nwnber of eligible students due to growth and other changes affecting
high school populations.
'" ,:'EXHIBIT<"~
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ft+;'~~~r.'::~,/,;:",.' :_;......... -'. '-~'." ":'::~~~:,:,~i
Program Description - Collier Counly Driver Education Grant Program
Agenda Item No. 16E7
July 26.2005
Page 17 of 18
Example:
# of eligible 9-12 grade
students as of 9/1103
500
50
Available
Fundin
5100,000
NOTIFICATION PROCESS
By April I of each year, the County Manager, or designee, will mail a letter to the School District contact
and each non-public high school providing notification of the grant program provisions, deadline for
applications and an estimated funding level for that year. The following contact information will be used
arid may be amei1dedaS new noil-prioIic liigli scliooIs 8ie formed or as co-nticfffiffirmation ClWiges:
District School Board of Collier County
Deb Ogden, Driver Education Coordinator
577S Osceola Trail
Naples, Florida 34109
Community School of Naples
Gcoe Rochette, Upper School Dean of Students
3251 Pine Ridge Road
Naples, Florida 34109
Seagate Christian School
Glenn Wiggins, Principal
1010 Whippoorwill Lane
Naples, Florida 3410S
Saint John Neumann High School
Lama Campbell, Principal
3000 53'" Street Southwest
Naples, Florida 34116
SUBMITTAL PROCESS
The application cycle will be open from May 1 - June 30 of each year. All applicants must submit an
application for funding, using the applicatioIl form provided, signed by the authorized official such as the
school principal for private schools or the superintendent of schools for the
District School Board of Collier County. Applications will include:
1) Applicant name and contact information, ,
2) Names and addresses of high schools to benefit,
3) Name, phone number, email and mailing address of contact person,
4) Current program description, including total cost of current program,
5) Intended use of funds/project description,
6) Number of eligible students,
7) Expected time frame for project,
8) Budget for proposed project, and
9) Certifications (funding direct costs only, non-supplanting requirement).
In subsequent years, proposals must provide a brief synopsis of the project or program funded in the
previous year. Note: this synopsis is in addition to the final report that must be submitted within 90 days
of completion of each project.
2
Agenda Item No. 16E7
Program Description - Collier County Driver Education Grant Program July 26, 2005
All applications must be received on or before June 30 of each year at the following address rage 18 of 18
Collier County Grant Coordinator
Re: Driver Education Grant Program
3301 Tamiami Trail East
Naples, Florida 34112
EVALUATION PROCESS
Upon receipt of each proposal, the County Manager, or designee, will review the applications to ensure
completeness and eligibility. The County Manager, or designee, may work with the designated contact to
obtain additional information or clarification as necessary in the approval process.
APPROV AI.. AND A WARD PROCESS
Following the review of each proposal, the County Manager, or designee, will coordinate with the project
contact and the County Attorney's office to prepare a contractual agreement for each project. Each
contractual agreement will then require approval by the Board of County Commissioners. Each
agreement will acknowledge that funds received will only be used for direct educational expenses for
driver education programs and will not supplant existing funding sources. Each agreement will also
stipulate that a final report of expenditures and project outcomes be submitted within 90 days of the end
of the project or termination of the grant period (whichever comes first). Agreements will also contain
provisions for the County to have the right to audit the paperwork and project.
DISBURSEMENT OF FuNDs
Funds will be disbursed within 45 days following the Board of County Commissioners approval of the
contractual agreement.
Example:
Monies that have not been disbursed at the end of each fiscal year will be retained for disbursement in the
following fiscal year (s), as appropriate. Monies disbursed, but not spent at the end of the project's time
frame shall be returned to the Trust Fund for disbursement in the following year.
PROJECT REVIEW
Within 90 days following completion of the project or termination of the grant period (whichever comes
first), a final report must be submitted to the County Manager, or designee, which outlines how the funds
were used and includes copies of invoices and checks and any other documentation of expenditures and
verifies that the funds supplemented, but did not supplant existing funds. Failure to provide this report
would constitute breach of contract and would affect an agency's eligibility for future funding.
3
,~_...
,,-.
,.-.........
Agenda Item No. 16E8
July 26,2005
Page 1 of 4
EXECUTIVE SIJMMARY
Recommendation to approve submittal of four gnnt requests to the Big CypreS8
Basin/South Florida Water Management District for FY 06 funding
OBJECTIVE: To receive approval to submit four grant requests to the Big Cypress
Basin/South Florida Water Management District for FY 06 funding.
CONSIDERATIONS: The Big Cypress Basin has offered funding from their FY 2006
budget to support four projects in Collier County. The projects must feasibly be
completed within one year of execution of an agreement. Only construction projects that
have design and permits ready are eligible or that are ready to go otherwise. As in
previous years, the project must support the mission of the Big Cypress Basin: water
quality protection and flood protection, water supply, environmental protection and
enhancement and be matched by 50% local funding. A Grant Alert and request for
eligible projects was sent to all Collier County grant contacts April 18, 2005. The Public
Utilities Engineering Department and the Parks and Recreation Department responded
with eligible projects.
The Big Cypress Basin Board has tentatively allocated $2.3 million for the Collier
County FY 06 projects. This amount may change. Final grant amounts have only been
determined for two of the four projects. The other two projects will be funded within the
total estimated amount allocated for Collier County.
The four projects that meet the criteria are:
Project Name: Irrigation System at North Collier Regional Park (project 80602)
Description: The system is state-of-the-art, using reuse water, designed by James Abney,
Irrigation Designer, installed by Stahlmann Irrigation, and will irrigate approximately 60
acres of softball and soccer fields.
FY 06 Cost: $1,174,900
Tentative FY 06 Grant Amount: $100,000
Time frame: April 2005 - May 2006
Department/Divislon: Parks and RecreationlPublic Services
Project Name: Northeast Regional Water Treatment Plant - Design Phase (project
70902)
Description: This contract provides for the design of a 10 MGD Water Treatment Plant
to serve the northeast region of Collier County as well as supplement the County-wide
demand for water supply. The source of water is proposed to be obtained from the
Hawthorne Zone 1 and Lower Hawthorne aquifers. The scope of work includes: 1.
Design Basis Workshops and Design Criteria Development, 2. Preliminary Design, and
3. Final Design including Constructability Analysis, Detailed Quality Management
Check, estimate of probable cost and permitting assistance.
FY 06 Cost: SI,825,532
Tentative FY 06 Grant Amount: S5oo,000
Time Frame: February 2005 - June 2005
DepartmentIDivision: Public Utilities Engineering/Public Utilities
Agenda Item No. 16E8
July 26, 2005
Page 2 of 4
Project Name: South County Regional Water Treatment Plant 20 MOD Well field
Expansion (project 70892)
Description: This wellfield expansion will be the source of supply for the 12-Million
Gallons per Day Reverse Osmosis expansion at the South County Regional Water
Treatment Plant. The weIlfield will be along the east side of Collier Boulevard (CR 951)
from Beck Road to Rattle Snake Hammock Road. Twenty-three brackish water wells are
required.
FY 06 Cost: $14,800,00
Tentative FY 06 Grant Amount: To be determined
Time Frame: September 2005 - July 2007
DepartmentlDivision: Public Utilities Engineering/Public Utilities
Project Name: South County Regional Water Treatment Plant 12 MOD Reverse
Osmosis Expansion (Project 70097)
Description: The County is currently operating an 8-MGD RO production unit at the
SCRWTP. The building housing this 8-MGD unit is designed to accommodate this
project, a 12 MGD brackish water production capacity expansion that will bring the
plant's total brackish water production capacity to 20-MGD.
FY 06 Cost: $15,000,00
Tentative FY 06 Grant Amount: To be determined
Time Frame: September 2005 - January 2007
DepartmentIDivision: Public Utilities Engineering/Public Utilities
FISCAL IMPACT: The total project cost for the Irrigation System at North Collier
Regional Park is $1,174,900 and the funding request is $100,000. The matching funds
are budgeted in FY 05 Parks Impact Fees Fund 346, Project 80602.
The total project cost for design of the Northeast Regional Water Treatment Plant is
$1,825,532.00 and the funding request is $500,000. The matching funds are budgeted in
FY 05 Water Impact Fee Fund 411, Project 70902.
The total project cost for the South County Regional Water Treatment Plant 20 MGD
Wellfield Expansion (project 70892) is $14,800,000. The funding amount is to be
determined. The matching funds are budgeted in FY 05 Water Impact Fee Fund 411,
Project 70892.
The total project cost for the South County Regional Water Treatment Plant 12 MOD
Reverse Osmosis Expansion (project 70097) is $15,000,000. The funding amount is to
be determined. The matching funds are budgeted in FY 05 Water Impact Fee Fund 411,
Project 70097.
GROWTH MANAGEMENT IMP ACT: The Northeast Regional Water Treatment
Plant Project, the South County Regional Water Treatment Plant 20 MOD 'Wellfield
Expansion and the South County Regional Water Treatment Plant 12 MOD Reverse
Osmosis Expansion are included in the 2003 Water Master Plan Update adopted by the
BCC as Agenda Item 10 (D) on May 25, 2004.
Agenda Item No. 16EB
July 26, 2005
Page 3 of 4
North Collier Regional Park is inventoried in the Growth Management Plan. The park's
irrigation system is consistent with Policy 4.2.5 of the Conservation and Coastal
Management Element, which states that the County will "Evaluate and make
recommendations, where appropriate, for plumbing fixtures and landscapes that are
designed for water conservation purposes."
LEGAL CONSIDERATIONS: Following award of the grants, it is anticipated that Big
Cypress Basin/South Florida Water Management District will forward grant agreements
for consideration by the Board of County Commissioners.
RECOMMENDATION: That the Board of County Commissioners approve four grant
requests to the Big Cypress Basin/South Florida Water Management District for FY 2006
funding.
PREPARED BY: Marlene Foord, Grant Coordinator, Administrative Services
Agenda Item No. 16EB
July 26, 2005
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
110m Numb..
110m Summory
16E8
Recommendation to approve lubmittal Df four grant requests to the Big Cypress
Basin/South Florlde Water Management District for FY oe funding
7/28/20059:00:00 AM
Mooting Ooto
Approved By
Amend. Town..nd Operation. Coordinator Dat.
PtJb'le Slttvleeu Parka and RIlerau1loh 71111Z0014:Z8 PM
Approved By
Wayne Boyer Olractor Dot.
Public SerYices Parka and Reer.ion 7/11IZ0014:41 PM
Approved By
Roy B. Andorson, P.E. PUblit: Utlliti.. Engine-.rirID Director DOl.
Public Utilit,.. Public Utilities Engin..rtng 7/121200111:12 AM
Approved By
Jame4 W. DiltLony Public Utmtiel Administrator Date
Public Utlliti81l Public UtUiti.a Adminl$tmtlon 7/12120011Z:44 PM
Approvod By
Skip C..mp, C.F .M. Faeillti.s M.nagement Direetor Dat.
AdmInistrative Services FacllltlolJ Management 71121200612:11 PM
Approved By
Skip Camp, C.F."'. Facllltl... Management Director Dat.
Adnljnlstrative Service. F.c.ilIti.. Man_Dement 711212006 12:11 PM
Approved By
Murt. R.lIns.ey Publle a.rvlC:II. Admll'llatratnr Dat.
Public S.rvic.., Public Service. Admin. 7112/20011:41 PM
Approved By
OMS Coordinator Admlnhl1ratlvtI Asal.taflf D_
County Manager', Office Offi.::. of Managamen1 & Budget 71131200611:14 AM
Approved By
SUnn Ushor Senior M..nagemenVSudgft Analyst D...
CDII"ty Manager'. Office Office (If Mouagetnent & Budget 7/15120051:07 AM
Approved By
Jillnlea V. Mudd County Manager Del.
eoard of County 71161Z006 5:31 PM
Commjnlohera County Manager'. OffIce
Agenda Item No. 16E9
July 26, 2005
Page 1 of9
EXECUTIVE SUMMARY
Recommendation to approve submittal of two grant appHcations for Harvard
Univenity's Innovations in American Government Award
OBJECTIVE: To receive approval of the submittal of two grant applications for
Harvard University's Innovations in American Government Award.
CONSIDERATIONS: The Innovations in American Government Award is provided to
programs that serve as the best examples of creative and effective government. Awards
are typically $100,000 and award winners receive national press attention, serve as
examples of model programs worthy of replication, and spark research and teaching cases
at Harvard University and other schools across the country. Programs must have been
implemented prior to September 15, 2004 to be eligible for the 2006 award.
Two innovative programs have been selected for submittal by Collier County. Both
programs have resulted in better efficiency in the provision of government services and
have effectively saved money and resources.
,-
Estonpel System
The Efficient Estoppel System was developed by the Collier County Utility Billing and
Customer Service Department as a response to internal and external inefficiencies and
unrecovered costs related to requests by realtors, title companies and attorneys for
estoppel information.
Subrogation
Collier County's Risk Management Department has successfully implemented a County
wide property and casualty subrogation program. The program is designed to recover
costs inCUlTed by the County as a result of damage to County property, caused by a third
party.
FISCAL IMP ACT: If one or both programs are selected as winners, the program will
receive an award ofSIOO,Ooo.
GROWTH MANAGEMENT IMPACT: There is no impact to the Collier County
Growth Management Plan.
LEGAL CONSIDERATIONS: Because applications are submitted online and therefore
do not need the signature of the Chairman, review by the County Attorney's office was
not necessary. If awarded, a grant agreement will most likely require review and
approval by the County Attorney's office and the Board of County Commissioners.
RECOMMENDATION: That the Board of County Commissioners approve submittal
of two grant applications for Harvard University's Innovations in American Government
Award.
0""'..........
PREPARED BY: Marlene Foard, Grant Coordinator, Administrative Services.
Agenda Item No. 16E9
July 26, 2005
Page 2 019
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Numb.r
Item Summary
leE9
Recommendation to approve submIttal of two grant applicltion, for Harvard University'.
Innovations In AmeriClln Government Award
Meeting DIIlI
7126/20069:00:00 AM
Prepared By D.-ttl'
MIl,lo"" J. F()()nJ Gr..nu COl:'rdirlfltcn 7111120U66::I4:07 AM
Admlnlw'rlltive Services AdrnlnlatMtve Servin. Admin.
Approved By
Jeffrey A. WalkO'r, CPCU, ARM Risk M8n80ltfhent Director DIte
AdminlllOtrati". Service. Ria. Mlumglttnent 7/1112006 B:~ AM
Approved By
Stte,... M.diavllll Risk Man.ger Dat.
AdminiJ.ntlve Sarvte.. IiII..k Mahlloement 7/1112005 B:S. AM
Approved By
John A. Yonkosky UtJlity BUUng Ol~ctor Oat.
PubJlc Utilltt.. uses 71111200610:33 AM
Approved By
Skip C.mp, C.F,M. F lellttlee Mlnas_mM' Director Date
Adminl.lmtln ServJc.. Fletlltl.. Man.gem.". 7/12/Z006 4:25 Pili
Approved By
OMS Coordinator Adrnlniutl'ltlvCl AII-.I.tfUI1 D....
COUI1ty Manager's OffIce Otfic::. of Managamant & Budget 7/13/2D06 11;07 AM
Approved By
Su..n Usher Senior M"n;loementlBudSliOt An.lyst Dat.
Count)! Manlge,', Office Office O'f MlIfIaoement & Budget 7/14/2006 5:10 PM
Approved By
Jam... V. Mudd County Manager Dat.
Bo.ref of County CountY' Mlln..ger'. Ottle. 7/15/20056;23 PM
Comml..loners
Agenda Item No. 16E9
DRAF~26, 2005
l' age 3 of 9
Title: Subrogation
1. Please provide a two sentence summary of the innovation. This description will
be used in outreach with press and should accurately and succinctly convey the
innovation and its importance. (30 words)
In a continuing effort to serve the taxpayers of Collier County in manner that exceeds
expectations, Collier County's Risk Management Department has successfully
implemented a County wide property and casualty subrogation program. The
program is designed to recover costs incurred by the County as a result of damage to
County property, caused by a third party.
2. Describe the program. What problem (I) does your program addresl? What is
the innovation? Please emphasize the program's creative elements. (500 words)
Beginning in 2002 it was determined there was a need to centralize and formalize the
County's efforts to recover costs incurred as a result of damage caused to property
owned or maintained by the County. While we insure many of our assets, the volume
of those non-covered properties such as Wlderground piping, street lights, street signs,
traffic control systems, landscaping and fencing are increasing almost daily as County
development maintains a rapid pace. Therefore, it was decided the non-covered area
was where we would focus the bulk of our attention, and where we felt we could best
serve the interests of the County and its taxpayers. As we have continued to broaden
the scope of our services, we now find we are handling more and more of the
subrogation efforts involving insured properties as well.
3. Cite the best verifiable evidence of the most significant achievements of the
program. (250 words)
1. Over $800,000 collected since program's inception.
2. The amoWlt collected annually has increased from $50,000 in the first year of the
program to where it is anticipated we will collect $400,000 during year four.
Agenda Item No. 16E9
July 26, 2005
2006 Innovations in American Government Award Applicatid'Ifge 4 of 9
* Asterisks denote required fields.
Create a New User
Create Primary Contact: Page 1
On this page, provide the primary contact's name and contact information. this person
should be someone to whom the Innovations Program can address questions and expect a
prompt response. The primary contact information may be changed at any time. You may
add other contact persons to this application once It has been created.
*Prem:
First Name:
Middle Name:
*Last Name:
Suffix:
*How did you hear about us?
Creat(~ a New User
Create UlI8r Name and Password: Page 2
On this page, create a usemame and password In order to create and access on-line
applications for the Innovations Awards
*User Name:
(User name must be unique and between 8 and 30 characters in length.)
.Password:
(Password must be at least 6 characters in length and contain at least one number.)
.Confirm Password:
(Enter password again.)
.Security Question 1
(First question you will be asked when retrieving a lost password 100 characters or less)
.Security Answer 1
(The answer to Security Question One. 100 characters or less)
*Security Question 2
(Second question you will be asked when retrieving a lost password 100 characters or less)
· Security Answer 2
(The answer to Security Question Two. 100 characters or less)
This document is for reference only. To apply for a 2006 Innovations award, all applicants must
complete an on-line application at: http://www.iDnovationsaward.harvard.edu/.
No paper applications are accepted.
Agenda Item No. 16E9
July 26. 2005
2006 Innovations in American Government Award Applicatid'uge 5 of 9
Job Title:
Sub Division:
"'Division:
"'Work Address:
Address Line 2:
"'City:
· State
.Zip Code:
Email:
Work Phone:
Extension:
Fax Number:
Create a Nevv Application
Create Application:
Enter information about your government program. The program information may be changed at
any time, until the application is submitted.
* Asterisks denote required fields.
*Program Name:
Please limit the Program Name to five words or fewer; do not use an acronym; do not identify
the location or agency sponsoring the programs: e.g. "Suffolk County's Labor Management
Program" should be "Labor Management Program. "
Previously Applied?
If this program applied for an lAG award in a previous year, please check here.
*Program Start Date:
Provide the date on which the program was launched. To be eligible for a 2006 Innovations
Award, programs must have been implemented for 12 months prior to submission of an
application.
This document is for reference only. To apply for a 2006 Innovations award, all applicants must
complete an on-line application at: http://www.innovatioDsaward.harvard.edul.
No paper applications are accepted.
Agenda Item No. 16E9
July 26, 2005
2006 Innovations in American Government Award AppIicaticflfge 6 of 9
*PoUcy Area:
Please select the policy area that best represents the activities of the program:
Education and Training
Health and Social Services
Transportation, Public Works, and Environment
Economic and Community Development
Criminal Justice and Public Safety
Management and Governance
Other
*Type of Jurisdiction:
Please refer to the eligibility guide link at the top of the page. Select the type of government
authority overseeing the initiative.
Federal Government
Territorial Government
State
County
CitylTown
Applications stemming from multi-jurisdictional partnerships must be submitted by a "lead"
agency, and the type of jurisdiction should correspond to that lead agency.
*Name of Jurisdiction:
Name the governmental authority overseeing the program: e.g. City of Topeka, KS; the State of
Georgia; Chicago Public Schoo~ IL.
Federal applications should specify the federal department or agency: e.g. Department of Labor;
Environmental Protection Agency; General Accounting Office.
*Jurisdiction Population:
Indicate the total number of persons residing in the specified jurisdiction. Please do not use
commas. The population fot all federal programs is 293000000.
*Jurisdiction Unit:
Name the unit within the jurisdiction through which the program is administered: e.g.
Department of Public Works; University of Georgia; Emerson Elementary School; Occupational
Safety and Heahh Administration; Environmental Information; Defense Capabilities and
Management.
Website:
The website should be the website of the program.
This document is for reference only. To apply for a 2006 Innovations award, all applicants must
complete an on-line application at: http://www.innovationsawarcLharvard.edu/.
No paper applications are accepted.
Agenda Item No. 16E9
July 26, 2005
2006 Innovations in American Government Award AppHcatid'lfge 7 of 9
Create Program Address:
Enter you program address. The program information may be changed at any time, until the
application is submitted.
Work Address:
Address Line 2:
City:
State:
Zip Code:
Create Program Phone and Email Information:
Enter your program phone and email information. The program information may be changed at
anytime, until the application is submitted.
Emai1:
Work Phone:
Extension:
Fax Number
Create AppUcation: Essay Review
I) Please provide a two sentence summary of the innovation. This description will be used
in outreach with the press and should accurately and succinctly convey the innovation
and its importance. (30 words)
2) Describe the program. What problem(s) does your program address? What is the
innovation? Please emphasize the program's creative elements. (500 words)
3) Cite the best verifiable evidence of the most significant achievements of the program.
(250 words)
This document is for reference only. To apply for a 2006 Innovations award, all applicants must
complete an on-line application at: http://www.innovationsaward.harvard.edul.
No paper applications are accepted.
Agenda Item No. 16E9
DRAFT July26,2005
Page 8 of 9
Title: Efficient Estoppel Services
1. Please provide a two sentence summary of the innovation. This description will be used
in outreach with press and should accurately and succinctly convey the Innovation and its
importance. (30 words)
Collier County Utility Billing and Customer Service provides its citizens a 24-hour online
Estoppel Service, which is password accessable to realtors, title companies and attorneys. The
Estoppel System provides users balances and payoff amounts (by date) for all recorded County
liens including Code Enforcement lot clearing liens, financed impact fees, financed special
assessments, and outstanding utility bills.
2. Describe the program. What problem (s) does your program address? What is the
innovation? Please emphasize the program's creative elements. (500 words)
Collier County Utility Billing and Customer Service has historically provided high quality
customer service level to all county residents. One service (Estoppel Service) provided to
reahors, title companies and attorneys who regularly requested estoppel information for real
estate and other transactions began to overburden the County as the housing market became a
significant driver in the local economy.
As recently as ten years ago, the average rate of requests for estoppel information regarding
County owned liens and financed assessments for paving, sewer, water, drainage, lot clearing,
and condemnation was 1,200 per month. Currently, the requests are at an average rate of 2,400
per month. This puts an inordinate burden on staff and resources to ensure this information is
provided in time for successful real estate transactions to occur throughout the County. As home
sales started to escalate, the Utility Billing and Customer Service Department had no choice but
to begin an attempt to recover costs by charging a nominal fee of $2.00 per transaction. Internal
costs to provide the Estoppel Service averaged $35,000 per year. This new revenue stream
covered most of the costs associated with providing the information; one employee was
dedicated to provide this service.
Recognizing that technology available via County databases and the internet could enhance the
system for the provider and the end user, Collier County Utility Billing and Customer Service
coordinated with the County Information Technology Department to build an in-house on-line
service that was user friendly. This on-line service provides 24-hour access to real time
infonnation regarding all the County owned liens, financed impact fees, financed special
assessments and utility balances that a realtor, title company or attorney might need to know
regarding real estate transactions.. Now, rather than spending significant time receiving paper
requests, processing small check payments and providing written estoppel information, County
staff only need monitor a self populating database and occasionally offer technical assistance
regarding establishment of user accounts. Requests continue to cost $2.00, however, a minimum
$20.00 charge is required initially, which is paid via credit card online and can be increased as
necessary. Each request then becomes a reduction from the total available balance in the user
account.
Agenda Item No. 16E9
July 26, 2005
Page 9 of 9
Information requested for each user account, such as phone number, mailing address and email
address provides the County with a simple means of communicating with all users regarding
issues or new features designed to improve efficiency even more. Over 3,000 requests were
automatically processed last month by users who were able to sit at their own desk, click a few
buttons on a computer, at any hour of the day, and receive real time information that they could
feed into their real estate paperwork. This service also allows the user to avoid time consuming
trips and research at the courthouse for review of official land records.
NOTE: this service is not a substitute for title insurance or title opinions; rather it is a source for
defining closing statement details.
3. Cite the best verifiable evidence of the most significant achievements of the program.
(250 words)
This service that exceeds user expectations has been defined by the actual growth in the number
of users. User confidence and credibility has extended the use of this service to other counties in
the State of Florida and to some other states. This service provides an economic benefit to tens
of thousands of real estate transactions in Collier County each year.
Agenda Item No. 16E10
July 26, 2005
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to award ITQ #05-3657 . "Project Management Oversight
Services" to CH2MHIII, PBS&J, Johnson Engineering, URS, Construction
Dynamics Group, Parsons Brlnckerhoff, Malcolm Plrnle, Quattrone and
Heery International.
OBJECTIVE: That the Collier County Board of County Commissioners approve
the Selection Committee's ranking of firms to provide project management
oversight services on an as-needed basis.
CONSIDERATIONS: On 4/13/2005 ITC# 05-3657 "Project Management Oversight
Services" was issued and publicly noticed. One hundred and eighty (180) firms were
solicited and fifty-one (51) firms requested the ITQ package. A total of nine (9) firms
submitted proposals by the due date of 5/10/05.
The appointed Salection Committee met on 6/3/2005 to review the submitted proposals
and by consensus, ranked the firms (by category) as follows:
LandscapIng Parks Transportation Vertical Utilities
& DraInage Construction
1. CH2M Hili 1. CH2M Hili 1. CH2M Hili 1. CH2M Hili 1. CH2M Hili
2.PBS&J 2. PBS& J 2. PBS&J 2.PBS&J 2. Malcolm Plmle
3. Johnson 3. Construction 3. Parsons 3. URS 3. PBS&J
Dynamics Group Brinckerhoff
4. URS 4. URS 4. URS 4. Construction 4.URS
Dynamics Group
5. Heery 5. Johnson 5. Parson 5. Construction
Intemational Brinckerhoff Dynamics Group
6. Construction 6. Heery
Dynamics Group Intematlonal
7. Quattrone
Staff has reviewed the selection committee rankings and recommends award of
contracts to all of the firms for each of the listed categories.
Various using departments have immediate need for the services to be provided under
this ITQ and given that the Board will not be meeting again until September, staff is
requesting that the Board authorize the County Manager to sign each negotiated
agreement after review and approval for legal sufficiency. In each instance, the selected
firm will be executing the County's standard professional services agreement.
FISCAL IMPACT: Funding is to come from various departments, on an as needed
basis.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
Agenda Item No. 16E10
July 26,2005
Page 2 of 3
RECOMMENDATION: That the Board of County Commissioners approve the selection
of the nine (9) firms listed above pursuant to ITQ #05-3657 and authorize the County
Manager to sign the executed contracts on behalf of the Board, after legal review by the
Office of the County Attorney.
Prepared By: Brenda Brilhart Purchasing Agent. Purchasing Department
,-~.
Agenda Item No. 16E10
July 26, 2005
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
110m Summory
16E10
Recommendation to award ITQ #05M3657 M ~Project MlInagement Oversight Servlcel~ to
CH2MHill. PBS&J, JOhnson Engineering, URS, ConstructIon Dynamics Group, Pllfaons
Brlnckerhoff.Molcolm Plrnie, Quattrone and Heery lnlemationat.
7126/2005 0:00.00 AM
MOllllng Doto
Prepored By
Dolt.
Brllnd. Brilt,.rt
PurchMino Agent
7/13/20064:21:3& PM
Administrative Services
Purehaaing
Approved By
Mikv Hauer
Ac:qui.,tlon Monugvr
Da..
Adrnmlstratlve Service..
Purchasing
7/11120054:36 PM
Approved By
Skip CoImp, C,F .1\1,
Faclliti.s Manl.9'.m.nt Director
Oat.
Adminllltr.Uivet Servk::e",
F8Cllltlus. Managl!tf".,.!
7113/20054:4& PM
Approved By
Susan Uaher
Senior Ma,.8'\1emenVBudget Analyst
Dat.
County Manager's Office
Office of Men_'lI_ment & Budget
7/14120063:11 PM
Approved By
StlWfl Carnell
Pun:huinnfGeruenl .vel> DIrector
Da1.
Administrative S.tvi1:.s
PUfch....lny
71151200U:~1 AM
Approved By
Stevfl Camell
Purthn,ng/Gener.1 SVcs Director
Dot.
AdminiahatWfl SlttvlcltG
l"'urchlUln(l
71151200~ 9:51 AM
Approved By
James V. Mudd
Board at County
Camf'l'll"Mil>t1flr$
County ManaSler
D...
County Men.vers Office
7/15/2005 12:47 PM
_.
-
"'-
EXECUTIVESUM~Y
Agenda Item No. 16E 11
July 26,2005
Page 1 of 25
Recommendation to approve a 5121,732 change to contract #03-3489, "Profeaslonal
Architectural and Design Services for Addition to And Renovation of The Golden Gate
Library", with Barany Schmitt Summers Weaver and Partners, Inc. (BSSW) to modify the
scope to design a separate buUding rather than an addition, project 54261.
OBJECTIVE: To approve a $121,732 change to contract #03-3489 with BSSW to modify the
scope to design a separate building rather than an addition to the Golden Gate Library.
CONSIDERATION: The $281,275 contract with BSSW to design an addition to the Golden
Gate Library was approved by the Board on September 9, 2003, agenda item 16.F.1.6.
In working with the Library staff, BSSW recommended demolishing the existing library as the
costs to renovate the existing building, as would be raquired by code when building an addition,
would be the same or even more than constructing a new facility (see Exhibit A).
Staff was concerned with the impact to library operations and approved change #1 to the design
contract to conceptually site a separate building near the existing library. BSSW submitted their
report and with a number of options including constructing up to a 17,000 square foot facility
adjacent to the existing library (see Exhibit B). Given the budget constraints, a 12,000 square
foot library is recommended.
The total project budget approved to date is $331,300 and the current contract amount is
$297,875 leaving $33,425 available. Since this change amount is more than is available, it is
proposed to fund tasks 2 and 3 (Programming I Planning and Site Analysis Services) to initiate
the re-design effort and fund the remaining tasks in fiscal year 2006.
FISCAL IMPACT: A fiscal year 2006 capital project budget request has been submitted for a
total of $3,500,000 ($600,000 in 2006 and $2,900,000 in 2007). These funds are available for
appropriation from Library Impact Fees. The Library has also been approved to receive a
$500,000 Aorida State Public Library Construction grant.
GROWTH MANAGEMENT IMPACT: This project is planned to enable the Library to continue
meet the Growth Management requirement of 0.33 square feet per capita for library space.
RECOMMENDATION: That the Board of County Commissioners 1) approve a design contract
change with BSSW in the amount of $121,732 and 2) authorize the County Manager or his
delegate to execute the contract change.
Prepared by: Ron Hovell. P.E., Principal Project Manager, Facilities Management Department
Agenda Item No. 161':11
July 26, 2005
Page 2 of 25
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Numblr
Item Sum miry
t6E11
Recommendation 10 approve a $121,732 change to contract #03-3489, "Profes8ional
ArchItectural and Design Services for Addition to And Renovation of The Golden Ga1e
Library., with Barany SChmitt Summers Welver Bnd Partners, Inc. (BSS\IV) to modify the
scope to design a separate building rather than an addition, project 54261
7/26/20059:00:00 AM
MOiling OltO
Approved By
Linda Jackson
Contracts Agent
Date
Adrninl-.tr.aliytll SeNI(:It:!
Purchasing
7/11/20052:13 PM
Approved By
K.thleen Tuu
Assiat.nt Director
Oat.
Public Sarvle...
Libr.ary
7/12/200511:00 AM
Approved By
Mort. RlltnSllY
Puhllc SarvleK Administrator
Dot.
Public Sel"\llc8ti
Pubtic ServicI.. Admin.
7112120052:42 PM
Approved By
Steve Cnnlllll
Purchasing/Genera' $VCIIo Director
Date
Adminiatmtlvo SluviclUI
Purch..intJ
7113120067:59 AM
Approved By
Skip Camp, C.F,M,
FacllitlltS Management Olr.t1or
Date
Admini.trativtI &nrvICIU
Facllltlea Management
7113/2005 3:52 PM
Approved By
Skip Camp, C.F,M.
Fucili1ilt'\l Mjmtl1~lttne"t Olr.c:tl)r
Dattt
Admlni,ltralivll' ServlClb4
FaciUt'4UI Management
7113120053:62 PM
Approved By
OMB Coordinator
Admlnl5tratlva AI"istant
Date
County Manager'&. Office
Office of Man.gement & Budget
7113/20054:11 PM
Approved By
Susan Uahlbr
SlIni!)r M4lnftgflnUbnVBudoet AnalYl!;t
0.,.
County Manager's Office
Office of Management & Budget
7114/200512:33 PM
Approved By
James V. Mudd
Board of County
Cotnmlulonll'NI
County Man.g.r
Date
County Manag.r'a Office
7/14/20053:01 PM
"..~".,...._...._._....~..._._~.._.~.___._~"'''''___'_.~'___'_.__......_....M.~.-.._V_..~.,
._--~.ftdm~~li~~-. .1
THIS ITEM WILL BE PRESENTED TO THE Bce AS
AN AGENDA ITEM.. .PLEASE LOG ON THE FINANCE
LOG ONLY.
r--Oa!C'
I
July 11,2005
E-Mailcd To Bonnie:
Project Name:
Golden Gate Library
Project Number: 54261
BID/RFP #:
Mod#:
03-3489
2
PO#:
4500015812
Work Order Number: NA
Contractor/Consultant: BSS W
Original Contract Amount: $ 281.27'.00
(Starting Point)
Current Contract Amount:
$ 281.275.00
(Last Total Amount Approved by the BCC)
$ 297.875.00
(Including All Changes Prior To This Modification)
Current BCC Approved Amount:
Change Amount:
$
121.732.00
Revised ContractlWork Order Amount: $ 4]9.607.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractlWork Order: S 138.332.00
Percentage Of The Change OverlUnder Current ConlJ'act Amount:
49.18
%
Overview of change: To provide additional fees required to design a separate 12,000 sf building at the site. The original
contract called for an addition to the existing Golden Gate Library. BSSW provided infonnation concerning the code
requirements and cost imp\' and oded the construction ofa separate facility at the same site location.
Contract Specialist: Date: 7 j; ~r-
Scanned Date:
Data Entry Infonnation:
Type of Change: Contract
Project Manager: Ron Hovell
Department: Facilities Management
Change Category Type, Circle One Below:
1. Planned or Elective
2. Unforeseen Conditions
3. Quantity Adjustments
4. Con:~on of Errors
C5. Value Added~
6. Schedule Adjustments
Scanned copies o/tM back up documentation may be located on tM Purchasing 0 drive:
O:/ClUNlni-Changes to Contracts
0:/ Current - ChDnges to Work Orders
Revised 7/11/05
-,
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E11
July 26. 2005
Page 4 of 25
PROJECT NAME: Golden Om Libra", PROJECT #: U281
BIDlRFP #: 03-3489 MOD#:
2
PO#: 4600016812 WORK ORDER #: nla
DEPARTMENT: Facilities ManaClement
Original Contract Amount:
CurrentBCC Approved Amount:
Current Contract Amount:
$281.271.QO (stlrllrlg Point)
S~81.278. oq (L8It Total Amount Approved by the acC)
$297.'71.00 (Including All Changea Prior To ThIs Modfftcation)
Change Amount: $121.732.00
RevIsed ContractlWork Order Amount: $419.607.00 (InclUdlng ThIs Change Otder)
Cumulative Dollar Value of Chang.. to thl, ContractJWork Order: S138.332.9Q
Percentage of the change over/under current contract amount: 48.18~
Fonnula:(Current Amount I Lalt acc I\I)DroYedamount)..1
Results and Actions: If the change exceeds 10% BCC approval Is required; under 10% reported to BCC on
Purchasing report. For specific Information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.C.4.
Date of wt BCC Approval SeDtember 9. 2003 Agenda Item # 16.F.1,6
,
CURRENT COMPLETION DATE (S):ORIGINAL: 1~8/Qe CURRENT: 8/15/06 per 613105 letter
JUM~RYOF PROPOSED CHANGE tS): Jdent~=~":.. ~~~r~~~~' c~":~:~~ f9r ~n =ition tQ
the exl~na Golden Gate Library. BSSW provided ~;;:: 2''bC:t)'a,'bU"1d :d ___ _---D a d_
imDRcatic;ms and recommended the construction of _ __ __ 1. ._0_ _ ,-,-,-_ 1[1_ !
JUSTIFICATION FOR CHANGE (S): Whit vllue or benefit do theM change. provide to the project? The
additional fees ~re ne,ded to deslan a fundable and Dermlttable prolect.
PARTIES CONTACTED REGARDING THE CHANGE: County Manaqer. Pur9hasi"a: Linda Jackson,
FacfRties: SkiD C/1lO1D. Peter Hliily~en. LiQrafY: Ma~lIvn Mattt:Jes, Marla R~-~;;;
IMPLPENTATlON STEPS (Verify each before proceectlngwlth change using V, N or NlA)
..::L Proposed change is consistent with the scope of the existing agreement
--X.. Proposed change is in fact an addition or deletion to the eXisting scope
-.::L Changels being Implemented In a manner conalstent with the existing agreement
-.::L The appropriate parties have been consulted regarding the change
--X.. Proposed prices, fees and costs set forth in the Change are reasonabl.e
PROJECT MANAGER RECOMMENDATION: This form I,to be.lgned and dated.
. ~1t8Iy~ilt'RalHwllll
.~ \o.lIt: aoos.or.oe o.t07:IS
APPROVE BY:
P'
REVIEWED BY:
COn
Date:
1/t;p~
Date:
Revised 412512005
W_ iT
. \;:'::.:'~:,,:~."'~:.'.'\:.:_., ,'.\::".::,.r.-~',."
. - .
Ag~hda Ite~No.'16'E11' ,',
July 26, 2005
Page 5 of 25
:
CHANGE ORDER
CHANGE ORDER NO.
2
CONTRACT NO. 03-3489
BCC Date: SeDtember 9. 2003
Agenda Item: 16.F.1.6
TO: Baranv Schmitt Summers Weaver and Partners, Inc.
5185 Castello Drive, Suite 4
.Na~es.FL 34103 ,
=: Attn: Dan Summers. Vice President
DATE:
JulY 8. 2006
PROJECT NAME: Golden Gate Ubrarv
PROJECT NO.: .54251
Under our AGREEMENT dated SeDtember 9.
,2003.
You hereby are authortzectand directed to make the following ctlange(s) In acoordance with
term$ and conditions m 1he Agreement See attached ExhIbit -A"
FOR THE Additive Sum of: One Hundred twenty one thousand seven hl,Jndred thlrtv two dollars
($121,732.00).
Original Agreement Amount $ 281.275.00
Sum of PreviQUS Changes $ 16.600.00
This Change Order - Add $ . 121.732.00
Present Agreement Amount $ 419.607.00
The time for c:omp\etion shall be increased by ~ calendar days due to thiS Change Order.
Acc:ordlngly, the Contract TIme Is now .2J1e 1housand five hundred fifty o~ ( 1.551 ) calendar days
. (Notice to Proceed was Issued 9129/03 making the new completion date 12128/07). Your aoceptanpe
of tqls Change Order shall constitute a modification to our Agreel1'l8nt and will be perform~ subject to
all the same terms and oonditions as contained In our Agreement Indicated above, as fully as If the
.same were repeated In this acceptance. The adjustment, if any, to the Agreement shall constitute a
full and final settlement of any and all claims of the Contractor arising out of or related to the change.
set forth herein, including elalmsfor impact and delay costs.
~~ed:BJu~,2005
CONSULTANT:
Barany Schmitt Summers Weaver and Partners. Inc.
By.:P~~----,"
Dan Summers, Vice President
OWNER:
BOARD OF .COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Ronald P. Hovell, P.E., Project Man~ger
\~~'%:'~"!~~\\i*"'~~i;"'*;;""'~"'<illi':\t;'~\\\\~'\i:l\\."i;\iI"\R'"~"*"\I:'!;1;'J~"ll~~~~:j~~~r'
Page 6 of 25
:-
CHANGE ORDER
#2
exhibit A
,\.',)',:-,;">",':
A. lPmmarv of Work:
Scooe of Hrvlon reylplons (contract Sctlpdule Al;
1. Revise scol),!: ProVlCie Architectural, englrleerlng and planning servlc:es for e new 12,000 gross
square foot Iibrerr building. .
2. Delete ~ooe: The existing library structure Is not to be renovated under this revised scope of
work..
3. Deltte this ~.
4. ~o chance In SCODf.
5. . Revl~ 'CODe: The existing library buildIng septic system is to be removed and the facility wfll be
connected to !he sewer uU11ty through Installation of e grinder station that will pump to an
existing sanll:ary force maIn. The new library buildIng Will.lsc be connected to the sewer utlltty.
6. Revise scooe: A new water main extension WIll serve the osw building.
7. No qjpnae In ,cooe.
8. . tto chanae In SCODS.
9. AddlJ'lQT181 S(DDS: The site improvements proposed by the addition of a separate free$tancfing
structure will require modifICation of the South Florida Water Management Dl8tr1c:t pennil This
&el'Vlce Is Included herein. .
10. No chahae In scope.
11. No chinas Iv scooe.
12. No chanoe in scaDe.
B. Schedule of Nes:
~eduleottees for basic servlQIJ revisions (contract ~chedule B - Attachll)ent A ):
Task
. Ta.k 1: PreDesign.Services
TBSk2: Site AnelyslsServlces
Task 3: Programming I Planning
Task 4: Schematic DesIgn
Task 5: Con$1ructlon Documents
Task 6: Bidding I Negotiation
Tuk 7: cOntrllct Administration
Teak B: Special Services
Relmbul'88ble Expenses
Change 1: Alte.mate Sits
TOTAL
Current Amount
$3,380.00
$22,400.00
$3,480.00
$59.525.00
$112,070.00
$8,475.00
$45.450.00
$24,120.00
$2,315.00
$16,600.00
. $287,81':00
Paid thru 6f15f06
$3,380.00
$22,400.00
$3,480.00
$53,573.00
$0.00
$0.00
$0.00
$0.00
$182.82
$14,940.00
$87,955.82
Change 2 Amount
$0.00
S20.02IMO
$1,895.00
$70,080.00
$85,670.00 .
$1,318.00
$8,442.00
($15,000.00)
$958.00
($1,660.00)
$121,732.00
RtvIMd Amount
$3,380.00
$42,429.00
$5,375.60
$129,605.00
$147,740.00
$9,793.00
$53,892.00
$9,120.00
$3,333.00
$14;940.00
$419,807.00
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ARCHITECTS, INC.
Agenda Item No. 16E11
July 26, 2005
Page 8 of 25
Ronald G. Weaver, AlA
Eugene C.. Schmitt, AIA
Daniel A.. Summers, AlA
Kenneth 1. Lamers, RA
Kevin M. Williams, AlA
Fort Myers Office 0
1520 Royal Palm Square Blvd.
Suite 300
Fort Myers, FL 33919
(239) 278-3838
Fax (239) 275-5356
Nlij)les Office 0
949 Central Ave.
Naples, FL 34102
(239) 643-3103
Fax (239) 643-7435
Website: BSSWarchitects.com
License #AA-COO1836
lWlOvation and PertomJallce
in Architecture and Planning
MEMO TO:
Mr. Jack Crognale, Project Manager
Collier County Facilities Management
Department
Marilyn Matthes, Collier CountY Library
-: ,"""
Daniel A. Summers, Al~
Golden Gate Library Expansion
cc:
FROM:
SUBJECT:
DATE:
August 20, 2004
In response to your recent inquiry about the size of the facility and
the recommendation and decision to raze the existing building to
build a new structure, I offer the following summary of meetings and
discussions with the library staff.
In our initial project programming meetings with the library director,
Mr. John Jones, and his staff, Mr. Jones requested that we
investigate the maximum building size that could be built at the
Golden Gate Library site. It was his desire to provide a 22,000 to
24,000 square foot library to accommodate current and future
needs of Golden Gate.
It was determined by the design team that an approximately 20,000
square foot facility would maximize the available parking and build-
out the site. Discussions also took place about the cost of adding to
the existing building verses the cost to raze the existing structure
and build a new facility from the ground-up.
Over a three month periOd BSSW assisted the library staff in writing
the building program and developing planning schemes. Two of the
schemes Litilized part of the existing sfructure and one scheme was
developed for an entirely new building.
Agenda Item No. 16E 11
July 26,2005
Page 9 of 25
The recommendation and decision was made to pursue schemes
that razed the existing structure and provided for a new 20,000
square foot facility.
The rational for this decision is summarized as follows:
Less cost per square foot of construction
The existing. building is approximately 7,000 square feet.
Adding 10,000 to 13,000 square feet is a 143% to 186%
increase in area. This size of addition would be clearly
adding more than 50% of the value of the existing structure
to the facility. For structures adding more than 50% of the
value of the existing structure, the Florida Building Code
(FBe) requires that all components of the existing
structure be altered, modified or replaced to meet the
current code requirements. The following is an excerpt
from the FBC related to altered buildings and structures.
Florida Building Code requirements for alteration of existing
buildings section 3401.7.2.6.
"When repairs and alterations amounting to more
than 50% of the value of the existing building are
made during any 12 month period, the building or
structure shall be made to conform to the
requirements for a new building or structure or be
entirely demolished."
From the experience of the design team, the cost to
selectively demolish and retrofit a structure of this size and
complexity to meet current codes would be likely greater
than the cost to raze and build new. The cost per square
foot of space could be 5% to 10% higher to utilize the
existing structure in the expansion.
The planning schemes that were developed utilizing the
existing structure razed approximately 40% of the existing
building in order to get a functional plan. As an example, in
the schemes developed, the part of the existing structure
that was left consisted of the floor slab and perimeter walls
only. Roof trusses, roofing, windows and building systems
would be removed and replaced as part of the larger addition
structure. .
Additionally, to get a 10,000 to 13,000 square foot addition it
was necessary to add space to all sides of the existing
building because of the site constraints. This is the least
Agenda Item No. 16E11
July 26, 2005
Page 10 of 25
desirable. least efficient and most costly way to add to a
building. The design team felt that this approach would lead
to a higher cost and contributed to the recommendation to
raze the structure.
More efficient and functional Dlan
It was noted as the schemes were developed and discussed
that some inefficiencies resulted in the space planning due
to the limitation of utilizing the existing structure. Although
these schemes were not developed further it would not be
unreasonable to assume that a new building would be as
much as 3% to 5% more efficient in the use of floor space.
Using these percentages results in the library having an
additional 600 to 1000 square feet of usable floor area for
the same size faCility.
Further,a new structure allowed the design team to plan a
more orthogonal and regularly shaped bUilding with
straightforward foundation. structural layout and simplified
building systems that will result in more economy per square
foot of building.
Better water manaaement
The existing building floor elevation is 12.9' NGVD. It was
noted that the existing library site has in the past flooded to
within inches of coming in the structure. While the expansion
of the building and redesign of the site could potentially
alleviate this problem, a new structure's floor elevation could
be raised to approximately 13.5' NGVD. This elevation would
be consistent with the floor elevations of recently completed
nearby structures inCluding the Sheriff's substation and the
Government Services Center.
I have included the site plan of the existing building with the limits of
possible expansion, some of the preliminary schemes that were
. presented as well as the more developed scheme for a new
structure, for your information. These drawings represent early
schematic design progress and are open to change.
Should you have questions or need additional information please
feel free to contact m~ at any time.
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Agenda Item No. 16E 11
July 26, 2005
Page 11 of 25
'7. ,pc: :':,'"
BSSW Architects, IDc
May 6, 2005
Golden Gate Library Planning scenarios
SCHEME ONE
Description:
Raze existing 7,000 square foot library to construct new 17,000 square foot library
building on the existing library site.
Comments:
Positive
. Retains "comer" exposure.
. Efficient design more useable sPaCe for programs and public use.
. Increase floor elevation to other nearby structures will reduce flooding potential.
Neeative
. Library to relocate to temporary facilities during construction approximately one
year.
. Cost incurred to move and lease temporary facilities.
Estimated project cost:
.$4,492,710.00
264.00 ISF .
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Agenda Item No. 16E11
July 26, 2005
Page 12 of 25
--
BSSW Architects, Ine
May 6, 2005
Golden Gate Library Planning scenarios
SCHEME TWO
Description:
Build new 1,7,000 square foot library at the location of the e"isting water management
area. Continue to operate existing library until new building is complete. After
completion of new building the existing library building will be demolished and a water
retention area will be excavated/landscaped at this location.
Comments:
Positive.
· Library does not have to move into temporary facility during.. construction of new
building .
Negative
· Library not on street comer, thus not as visible to public.
· Comer of site will be water retention area.
.. Potential cost in providing temporary water management area during construction
on new building.
Estimated project cost:
$4,463,960.00
$263.00 {SF
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Agenda Item No. 16E11
July 26. 2005
Page 13 of 25
BSSW Architects, Inc
May 6,.2005
Golden Gate Library Planning scenarios
SCHEME THREE
Description:
Existing 7,000 square foot building is retained and retrofitted for new program
requirements. A new 10,000 square foot free standing building will be built close to the
existing library building and be connected by walks and canopies to the existing library
building.
'Comments:
Positive
. The Existing library building saved and reused.
. Lower building costs per square foot due to reuse of existing structure.
Negative
. Increased staffing costs of two separate buildings.
. Less efficient space design due to utilization of and existing structure and
connection to new building. '
. Redliced opportunities for program enhancements limited due to resources 'in
separate structures.
. Higher operating cost and maintenance costs. More systems to run and maintain.
. Floor elevation of existing building is lower than other buildings on the site.
Existing building would be more at risk to flood in major storm event than other
campus buildings.
Estimated project cost:
$4,250,710
$250/SF
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Space Program Worksheet -1 i Golden Gate Library
BSSW Atchitects, Inc. /
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Prellm/nalY IDlce Droanm I I
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Remodeled existing bulldlnjl + addition of new freestanding building
,
51812005
Space Exist building New bullalng Comments
A. ReedIng & R....rch Area.
Adult Readl!111 Room 1900 Book Stacks G.1l8Ia1 Reading, F'erlocllcell some croeaollllr of
refvrence meterlal with vounll adults Is possible Stacks studv carrels.
Lobbv 200 300 PubUc Lobbv and vestibule
Conference 200 2SO acoustically iso/ated for nNing etc.
Men's Room 180 200 .
Women's Room 180 200
.--
New Arriv'ls & Seating 1500 locale near circulation .nd entry areas
Mav 118riocllcals be planned as part of this space?
Chlldren's Deot. 1800 larger oroonm than Marco? Neec:llnput
stOry time puPP81 area reQUIred
Children's Oepl.Slaff Office Area 400 Use as control fOr storage I erafts area
.'
Chllaren's Storaoe I Crafts Room ..- SOD Room for arts and crafts projects. laroer than main
headquarters branch crafts area
ChHdren's Toilet 130 dillper chanlllnll facility
Audio I Visual 200 300 should be twlce the size of Marco minimum
near clrculatlon desk ana entry
Younll'Aaull Reference and Study Area 1800 Main focus of the library, lncludea comPuter lab lilted below.
flexible teen IPlICII and furnishings. theme oriented and YOuth
oriented. GrouP study, auiet study enllre area to be acoustk:ally Isolated --
from remainder of library. Study carrels and n.turalllght. visual control
from other areas IlV library staff
.Stack space sh.red with &dull re.dina sectlon mav affect area for each
Younll Adult Staff Wort( Area 300 Adjacent to program storage
Young Adult Storaae Area 170 Program storace area
Young Adult Computer l.IIb 500 High tech. futulistle and visible to publlo, flexIble
Oepanmental net Sa. Ft. S590 7220 area subtotal
deoartmen181 gros81na factor 1.1 l\Il:)Ical 351 722 walls. circulation Js accompllshed within oroaram areas
ll1eDanmental Groas Sa. Ft. S.... 7842
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Agenda Item No. 16E11
July 26, 2005
Page 14 of 25
program-12-5-OS.XLS
17,000 sf prog exist & new
Agenda Item No. 16E11
July 26, 2005
Page 15 of 25
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Space Proaram Worksheet I 19o1den Gate Library -----.-
BSSW .A1'chitects, Inc. I I
I
Preliminary _ce DrOarllm ! I
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Remodeled existing bulldlna + addition of new freestanding buildlna
1
51812005 , I
$D8C8 I Exist buildi"" I New bulldina Comments
T
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1
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B. Staff Areas and Utilitarian Spaces I i
Circulation Desk 100 340 should seat 2 to 3 automated check out now available\
camrwlRr, lIC8IVler and uil'8d at each seal ..-
book retum with cart
Public area which should be functionaliVlIed to the wor1<room for staff
utilization
Office 120 150 Branch Manaoer locate near drcuJation desk
Staff Toilets 60 120 ADA sinale unili
Mec:hanlC8ll Electrical room 160 400
Emalowle Lounge 121 small kitchenette and refriaer8tor seat 4
Wor1<room 100 300 Server I hub connections can be ""It of this lI08ce. Direct connection to
book return is desirable. Direct connection to drcullltion desk Is desirable.
'---..
Book Droo 88 Direct aC08SS Into work room desil'8d I covered drive uo if D066lble
StorllllB 100 200 eneral
Dellverv Area 100 overhead door for van service if oossJbIe I covered? Direct connectJon to
work room Is desirable.
Janitor's closet 50 80 serves entire bulldi"" I induded storaae for SUDDlies
Exterior Service and Mechanical Yard Could be saeened and combined with dellviiiv araa.
DitDartmental net So. Ft. 810 1888 area subtotal
IdeDartmental........sj"" fador 1.1 811 1113 walls. corridors and circulation
IDeDartmental Grou Sn. Ft. 7st 2058
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Space Program Worksheet I fGOlden Gate Library
BSSW Architects, lac. : r !
Prellmlnarv .Dace araGl1Im I I r
T T I
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Remodeled existing building + addition of new freestanding bUilding
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5ItI2006
SDiiM
C. Multlnumo.. meet/no room
mu meetlno Room
Mechani<:all Electrical
Pre function area
P~ and sound eaulDment
Raised sDuhr ares
Storace area
Delilrtm.ntlll net Sa. Ft.
d80artmentalnrosslnn factor 1.10
D....I'Im.ntel GI'O" Sll~ Ft
,
Bulldlno Ant, slImmarv
A. Children'. Area.
B. Staff and Utllltarl.n Ant..
C. Multi DUr-.. m..trna room
Tota Gron Area
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program-12-5-03.XLS
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1200
Agenda Item No. 16E11
July 26,2005
Page 16 of 25
to seat 90 to 130 ....nniATacoustlcallv isolated from remalnder of IIbrarv)
MUItlIVI~ DUbllc .......kers rvvflum .~ movie!lCl'lNln sound
.vsIiiii\ ate. Audio Video and Liilhtino Consultanta iROUired.
60
IMSslblv ..oarated for anarDV con.ervation allCclsted with holJl'll of
utilization.
400
PosslblallOlSllon for dlffetiriil'houl'll of ooerallon u.. as ,,",convlene-
soace and acoustic isolator.
110
200
160 Chail'll. table. elc.
20110 0 area .ubtotal
202 0 walls. corridor& clraJlation
2292 0
38411 71142
7511 2058
2292 0
7000 10000
3
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17,000 sf prog axist & new
Agenda Item No. 16E11
July 26, 2005
Page 17 of 25
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Space Program Worksheet Golden Gate LIbrary --
BSSW Architects I !
!
Prellmlnarv Droaram for new 17,000 square foot library
5/612005 I
ISoaoe Program SF Comments
A. Readina & Research Areas
Adult Readlna Room 2125 Book Stacks. General ReadJo<l Periodicals some cross over of
reference mlllerial with ""uno edull& Is DOIISible Slacks study carrels
-
.Slack soaoe shared with ""una adult sllCtlon may affect area for each --
Lobbv 510 Public Lobbv and vestibule
ConferenCe 255 acousticallY isolated for meetinn etc.
Mechanical area will be oart of oentrallilant In this project
Men's Room 204 locate away from entrv and circulation.
Women's Room 204 locate away from eriIN and circulation,
New Arrivals & Seetina 1870 Iocata near circulation and enlrv areas
Children's Oem. 1275
Children's DeotStaff Office Araa 102 Usa as control for storSOA-/ crafts area
Children's Storace / Crafts Room 510 Room for arts and crafts projects, largar than main --
headouarten; branch crafts area
Children's Toilet 136 diaD8l' chanainc facllltv
Children's Mechanical ert of central olant and distribution
Gallerv 510 lIexlble di&nlav erea linked to entrv and circulation desk could be utilized
for DUbllc disDlll\lS and lleJcsoace. oosslble connection to auditorium
Audio I Visual 880 near circulation desk and enW
Youne Adult Reference and Stud\! Area 1700 Main focus of the Iib..arv. indudes compUter lab listed below. -
lIexible teen SDACe and fumlshln"". theme oriented and YOUth
oriented. Grouo study. ouiet studv entire area to be acousticallv isolated
from remainder of Ubralv. Study carrels and naturBlllaht, visual control
from other areas-6V IIbrarvstaff --
.Stack soace shared with adult reading section may affect area for each
YOUlla Adult Staff Work Area 102 Adlacent to Droaram storace
YounD Adult StoraM Area 170 proaram storace area
Youno Adult Com outer Lab 510 Hlah tach, futuristic and visible to Dub/Ie. lIexlble
See Staff areas fix circulation desk not Indueled in this section of the
DItDlrtmental nltt Sa. Ft. 108113 llrea subtotal
deoertmental mnslIina factor 1. Hmlcel 1086 --
DRartmltlltal Groea Sa. Ft. 11949
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progrem-12-~3.XLS
17.000 sf prog axlst site
SDace Proaram Worksheet Golden Gate Library ------..--
.
BSSW Architects
Prelimlnarv Droaram for new 17 000 sauare foot library
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IS~ IProoram SF Comments
B. St8ff AreaS and Utilitarian SDaC8S
I ---
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~lClIlatlnn Desk 340 should _t2 to 3 (automated c:h8c:k out now avanable
comnuler scanner and .t"""""....,ulred 1Il each seat.
book ratum with cart
Public area which should be funCllonallvlled to the workroom ror staff
ulflizatlon -,
Office 128 Branch Manaaer locate near circulation desk
Staff T olllllB 102 ADA .inole units
Mechanical' Electrical room 850 cantral olant in this faoflilv. Includes electrical room
EmolovM Lounoe 127.11 smell kitchenette and refriaerator seat 4
Workroom 487.6 Server' hub connections can beiiiiit of thJa scace. Direct connection to
book retum is deslrable. Direct connectlon to circulation desk is desirable.
Book DroD 68 Direct access into work room desired' covered drive UD,If DOsslble '--
Storaoe 170 DeIleral
DeliverY Area - 85 overhead door for van service If OOllslble , covered? Direct connection to
work room Is desllable,
Janitol's closet 102 serves entire bulldina , included storiiiiBror suDiifie.
Exterior SelVioe and Mechanical Yerd Could be ICI'8ened and combined with dellverv area_ --
Diilartmental net Sn. Ft. 2440 area .ubtotal
deoartmental orosslnn factor 1.1 244 walls corr1dors and drculatlon
IDeDartmental Gro.s Sa. Ft. 2883
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Agenda Item No. 16E11
July 26, 2005
Page 18 of 25
program-12.5-03.XLS
2
17,000 sf prog exist site
Agenda Item No. 16E11
July 26, 2005
Page 19 of 25
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Space Proaram Worksheet i Golden Gate Library
BSSW Architects I I
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Preliminary proaram for new 17,000 s..9uare foot library ..
I
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Siilce Iproaram Sf: IComments .
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C. MultlDuroose meeting room I .
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multi-aurD088 meeti/lQ Room 1200 to &eat 90 to 130 oeoole (ac:oustJcallv isolated from ramainder of librarv}
Multipurpose Dubllc BMAkers. r>odium staas. movie screen sound
s""tam, etc. Audia, Video and Lighting Consultants reouirad.
Mechanical I Electrical poaslbly &eparated lor energy conservation associated with hours of
utilization .
P refunctlon area 340 F'osslble isolation for dlfferinc hours d ooeratlon, use as oreconviene
soace and acoustic Isolator.
Man's Room 70loO&slblv seoarated for hours of oDel'lltion and convenience
Women's Room 70 i arated for hours of ooeration and convenience
Prolectlon booth and sound eauloment 100 EaujDmant and HVACreculrements. Eoulcment consultant reaulred.
staii8 aras 200 raised area. SMt'.ia1 wirillll and eouioment.onrt.able nodi urn.
888 comments lor storace areas below.
StorBae areas 170 Chairs, tables, etc.
oeDlrtmental net Sa. Ft. 215C area subtotal
decartmentalllrossina factor 1.10 217 walls, corridors circulation
Deoartmental Gro.. Sa. Ft. 2367
I
Bulldlna Area SummaN I
A. Public Readlna and R..earch Areal 11948
B. Staff and Utlll1llrlan Area. 2883, -
C. Multi ....-. mHtlna room 2361.
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TotafOron Ar.. 17000\
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17.000 sf prog exist alte
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Agenda Item No. 16E11
July 26, 2005
Page 20 of 25
: DRAFT
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I
Conatructlon Cost Opinion Worksheet I . .---..--.-
I 'Golden Gate Ubrary
I ,
BSSW An:hitec:ts. Inc. i . Collier County Llbl1l .-
m
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New bulldlna at existing site .-
,
, : ..---
:
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Item QUlnlllv ell . Der SF llI" PlOIlram SF Commenll ---....-
111m L.lnl 11Im.
Build I"Ioor
ConcIIttoned ._ .. ..
---- -.-...,-.....- "'"
........ ...... lOlIOlllI 1'1 148.000 "--'.--.---
I -
New comllruc:tlon I 17000 -. $14 $2 465,600 r--.--..- ..
It.. .ulldlna ....11 Cotlatruc:tliin Coat 24000. I' 12.114000 -'-- ..
... Conetluctlon Co..
~. 30: . RI 110.lllll '--
l.8nd_alno af I $22,500 IIOd
T...._ 1 $45 $45.000 bull'el1l. genlral . Ind gBridna
Hedaea Ind aIlrubs 1 $15 $15.000
Mulch 1 - $3000 $3000 -......-.
MIacelllneoua 1 - $20 000 $20 000
Oemotlllon Elr1hworlc Drainllle. _ & Wllter 1 : ~_._-_. $150,000 - $150 000 .----------
-.------.-.
General SIIe Il\UIliOn SYI18m i 50 000' $0.35 $17500 ---------- -----
PlIVlng I 1 $71! 000 $75 000
I ----..., --------.._,
Sill EIeclrlcaI Ind Ughtlng 1 $20.000 -- $20 000 ---.-- ---"--
.-
MI8c IIl8 conlltruction 1 -- $20,000 $20,000 Dumpaler enCio!!!!!.....b!nCiie8; bike rack e~..
-.
B. ... ConlltNctlon Coat 5381 000 .-.--..-
"'H'_" H_..
IIIterIor 'lnllh Out Area by Floor ---_.
--
I
New 17000 S8Q $680000 "--. --
C. IntIrIor ,In.hout Conetluctlon Coet 17000' $110.000 I
, -
, .._-
Conetnlctlon lubtolal --~-
--.--
Bulding Shell Coat SublotIJ a 114000 tlem A. lbovl _....
.J...__.___ '._,~,-_..,. '. ....---
i
Site Coat SublOlll .. _____~,OOO ~m B:_e------- -......
Interiors CollI Subtotal ---_... SIlO 000 '!!m <;..!!!!.9_~.__.__. -.. ...-----
...0__.___----
D. GrInd lubloWl Conatructlon COIl 13712000 -.---------
Coat III" i 021 ---,--~-_..
Cost Oplnlon-GoldenGateL.tlray.XL.S
New 0 exist
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Agenda Item No. 16E11
July 26, 2005
Page 21 of 25
Construction Cost Oolnlon Worksheet Golden Gate Ubrary
BSSW Architects, Inc. I I Collier County Ubrarv- Svatem
,
- . .-~
New building at exlstlna site -..-
I
MI200f --.. -..----
!!!!!!.----. Qu8ntttv or , $tlArSF'" ll>maram SF ..---.,.- Commlll1l8 .,..---..
i 118m I.Ine Item
PfotIIMIonel P_. ---_.
..'
........ P"- 1 I $7 760 $7 750 '-.'.".. ...-.....--
CMIE....I- 1 $6000ll .. $80,000 .- --
LancIecaN An:hlMctu", l' , S20 000 $20 000 ..
ArchIlHtu",I& _..rlna 1'- 1 i $158,960 $158 960 ,.----
au- 1 ! $9000 $9,000 --
IoIll1orlne- , 1: S5,OOO $&,000 I--
1 110,. UO.OOO
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E. Subllotal PI'ClIlIuIoINlI fMe I $2lIO 710 .- ..-
I ..-...- -.-- -- ...
loft -..-.. -
I -
I'um.- tlxtIuw and eaul_t 1 $350 000 -..
_~1-J.l. W........... 110.0001 --.------ .. ..----
, --~-
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~--------- I 5284
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2
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Construction Cost ODlnlon Worksheet -- ': G;';'~ o.te L1bnlrY ..- .----
---
BSSW AtdUtccta, Ine. Collier County Llbr.ry System
I
New bulldlna at new site (retention area) ----
,
11II2OOI
118m Quantilv 01 5 IlIlI'SF 0 P""'ram SF ,Commenlll
118m LIne '11m
:a., Ht bv Floor ,
CondllloneclllDacH I ___n ..
7GOO .1 --. ,'., -
1If-...... 11 .....000 ""--
I -_. I ~"h' -------
New conl1ructlon --- .. 1700!l+ S1415 $2.4815 000 I -_.- ------
Conneotlnl:l W81ka 'nd cenooiltA ..
, , .---
A. IlulJdIna Shell Con.uuctlon CHt 24000 SF 12"14000
.. CoMtrullllon CllIItII -- ."- --
... I'll - .-.: "3 . == .--
.... ~JrTl I....... 1
.............. 1 1IO,ClOO .-
.... . ;it _710 SOd .--
Tree_ 1 ! $415.000'but'le.!!dl~n"1'8I.118 .nd perking
Hedoes 'nd IhNbe 1 $15 S15.000, ".--,-
Mulch 1 S3 $3.000 I -"--
MIIcelIe~ 1 S20 S20 000 - ------.--
Demolition. Eerthwork D1'8lrwn., _ & we_ _. 1 I $1150 $1150,000 ~,-...-
I -- -.,.
,
Gener8i SIIe i_ SVlltem 150.000 I SO.S! $ 17,llOO
P,vlna 1 $75 00< $75,000 '---
SII8 EJec:1ricei end Llohlha 1 $20 DOC $20.Q90 I
MIac aile consrlrUctlon 1 $20 000 $20.000 Dumoalllr enclotlure benches !like rack 'etc. ---
B. alte ConetructJon Coet $3'1.210 -- '--
-I ..~_. .......
, ..
IntIerIor FInIM Out ArM bv Floor
,
I -- -
-- .--.
New I 17000 SllC S8!5Il.ooo .~--
C. IntIrIor "'n"hout COMtructIon CHt , 17000 S11IO.IIIIIl
.-
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BulClinCl SheR CClIIt SubtDlrll I" I ~ illllm A. 'boIIe ....-
.. ..-
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Slle Coet Subtollll $39',210 litem B. ebov. -- ----. -
, .--
InlIrklI'I CClIIt Sublolel IaIO,OOO:ltem C. .boIIe _.
,
D. Orand Sublotal CoMtruotlon CHt $3713.210 I
CHt /SF SlI!ll1
Agenda Item No. 16E11
July 26, 2005
Page 22 of 25
Coat OplnIon-GoklenG.l8Ubrly.XLS
New CIl new lIlte
Agenda Item No. 16E11
July 26. 2005
Page 23 of 25
Construction Cost Opinion Worksheet - Golden Gate L1bl'llry
BSSW Atchitecu, Ine. , , ,Collier County L1bl'11rv svstem
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New building at new site (retention area) _.
MI200I -.-
118m QU8nltlv N I $ lMIr SF lu!~rri SF ' Commenla
Item I Line Item I
I I
~8IF_. - n_
, I ........- on ---
, I
......r- 1 $T7 $1.1SO
CIvIl I 1 S60 S60.ooo' -
An:lllI8c:ture 1 S20 $20.000 -
ArchllKtunl a Enalneertna F_ 1 S158 98C $158.960 .-
8UrVW 1 , $9 001: $9.000
8oIlkHtnll8 I 1 .::: . $5.000, ._--- - .-
-- 11 ttO.ooo -.
E. SubtDtlll ProfMalanal .... !l3oo 710 ---....- ... .
...~.
80ft coat8 , ---
_..~ -.-----
Fuml8hlna8 ft1nurw 8nd eaularnent ~~. S350.ooo . ---
...--
, I -.-
Movliliil and-tIIiiIIlOr.rv facllltI.. coat I
r I
F. ''''''1 loft .... 1 r ---"50 000 -. _.
I
...---.
I --_.-
1 $50.000 $10.000 -
G. _n_ --
I - __.m -- ..
.------ '-'
.. , -
I ,~.-
i
Tatal P- coats 54.4413 NO ltema D. E..F and G. above -'
COllt /SF I $2131
T
T I
Coet Oplnlon-GoldenGalllLlbray AS
2
New Gl new aile
,
...
Agenda Item No. 16E 11
July 26, 2005
Page 24 of 25
, DRAFT
, ''''-'-
Construction Cost Opinion Worksheet I Oolden Oate Library -.....--
BSSW An:hitec:ta. Inc. Collier County Library 8Yat.m
Remodeled existing building + addition of new fl'888tandlng buIlding -
I , ---~-- ---
I
IN200I
I1lIm QuanlllV 01 Ii OlII'llF or.Proarem ljiF '\,;Ommenll
ItIIm Une Item
Bulldlna BheII ~t DV Floor
ConcI1tIonecI8_
Exlel/na buildinG MIecUve demolition 7000 SF S20 $140,000 - - .-
ExIetina IIulldina retroIIl 7000 S1Q( $700 000
New conltnlction 1??oo 1 514f 51 450 000
Connec:tlna walle end ctInolliea 700 see: 142000
I -
A. Bulldlna Shen Conetructlon eo.t 1T7tlO 8" IUU 000
--
81a ConatruetJon eo.ta _..,-
--
Land_Ding 30 000 50.75 522 500 aocl -
T..e_1l8 - , 1 145000 145000 butfera. aene...' aile and P.!~irIII-' ._-
'--_.~
I HedaeI end ahruba 11 ~--~. 515.000 ..~ .,.._~
Mulch 1 53 000 ---_.__._---~
Mleclllleneoue 1 1 $20 000 520 000 -. .--
Cernolllon ElrUlwork 0181neDe eewer & WIIl8r 1 1 $150,000 5150000 -- '-
..---
Genenll SI1lIlntallllon Smem 50000 SO.3tl 517500
Plvlng 1 575 000 $75.000
I
Site EIeclrIcaI and UI1hllnD I 1 $20.000 520 000
Ml8c ... conertrucllon , 1 $20,000 520.000 OumPII1i!ir'enCtOaul'8 benches bike rack etc.'-'" --
B. 81a Construction Coet me 000
, --
I . ".-
'"**'r FlnlM Out ArR bv Floor ,
I -.-
ExiItina 7000 1401 $280000
New 1??oo $501 $500 000 --
--.
C. Int.rlor F1n18hout Conetructlon eo.t 17000 I .-r80 000
---.-.
ConetructJon Subtotal -~_..
.-.-.......-...... --
Buldlno She. ea.t Subtotal --' I SU32 000 Item A. ebove ...-
---- -'--
Site coat silbiOl8i -_._- -- ___-'381000 Item B. lbove
.---. '- -._--
I Item C. ebove -_.__.__._-~---
Intertora ea.t SUbtotal 5780 000
I
D. Grend Subtotal Conatructlon Coet $3 800.000 '._-
,
ICoat 'IP , 1201
COlt Opinlon-GoldenGateLlbI8Y.XL.S
EIdst + new
..
..
Agenda Item No. 16E11
July 26, 2005
Page 25 of 25
Construction Cost Opinion Worksheet Golden Gate Library
BSSW AtcbitedS. lnc. ~ Collier CountY L1bnrv Svatem
Remodeled exlstlna bulldlna + addition of new freestanding building .-. -
,
,
...-
Io'II2D01 , -..- ..- --
Ilem Quentllv tv S Der SF 01 Pl'lXI!8m SF Comments ..- --
118m Lina Item
i ~---' .- ,.- .-
........Ioftal F_. -- .----
........ PIIlnnllla 1 $7,7M $7.750 .. ..-.-.
CIvIl Enaln.-lna 1 S60,QO( $60,000
1.1I____ ArcIIIlI8Ctu,. 1 $20.0001 $20,000
ArcIIllI8Ctural& E F_ 1 : $ 1511-9601 $156.960
IlluIWY 1 ' $9.0001 $9.000
loI8cHtngs 1 i .::= $5.000
....... 1 I S40JIOO ..
!. Sublotal PratBNloftal .... I $300.710 .. ---
Soft coets i - -.. --
T .".- ......
Fum..h.... tbcturH ancI-ul- 1 I S360 000: -.
~_~.J I I -- -^'- ._-
...~ ~ - I IID,OOO
._._._-~-~.--_._-- .--
F. Subtotal Soft -- 1 1UIlII1HI0 .----
: -
-- ~- ..'-'-
O. Contln_iiiiY 1: 1500001 $10.000 .-.-...--'
~ .-....- .-
--+-+ roo. -- .-.
I ---. --
. - : -.-
I .--
Tatal- eo.ts $4.210.710 Items D.. .E_. F and G. above
CaR /SF IT $2110
,-:-
I ---
Colt OpInlon-GoldenGat8I.11r8y.XLS
2
Exist + new
,,_.~
Agenda Item No. 16E12
July 26, 2005
Page 1 of 43
EXECUTIVE SUMMARY
Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-
Approved Contracts
OBJECTIVE: To enable the Board to oversee the execution of administrative change orders
and changes to work orders, and promote accountability in the use of staff authority.
CONSIDERATIONS: On April 22, 2003, the Board approved a recommendation to implement
a plan to enable changes to BCC-approved contracts (Section XIV. C, Collier County
Purchasing Policy) of not greater than 10 percent of the current Board approved amount or
$10,000 (whichever is greater) to be authorized by staff. Also included in the report are changes
to Work Orders. These include work orders issued under CCNA Contracts, which are less than
or equal to $90,000 (Section VII.C, Collier County Purchasing Policy), and changes to work
orders for all other contracts (Section XIV. G, Collier County Purchasing Policy) which are not
greater than 10 percent of the current Board Approved amount or $100,000 whichever is
greater. The Administrative report identifies the percentage changes, to contracts or work
orders, that have occurred since the prior BCC approved amount, which are below the threshold
limits as referenced above.
-,
The plan calls for staff to submit a monthly report listing these change orders from the previous
reporting period. Enclosed is the monthly report of the Administrative Change Order and
Administrative Changes to Work Order Reports. These reports cover period May 26, 2005
through June 30, 2005.
FISCAL IMPACT: There is no fiscal impact resulting from this action.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this action.
RECOMMENDATION: That the Board of County Commissioners accepts the enclosed
Administrative Change Order and Administrative Changes to Work Orders Report and ratifies
the listed change orders and changes to work orders
PREPARED BY: Brenda Reaves, Contract Technician, Purchasing Department
F'-""
Agenda Item No. 16E12
Julv 2", 2005
P"ge 2 of 43
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16E12
Meeting Date
Report and Ratify Statf.Approv~d Change Orders and Changes to v\'ark Orders to 80<.lfd-
,A,ppro'Jed Contracts
7/:26/20059:00:00 NA
Approved By
Lillda Jackson
Contr<t(:ts Age!)t
Date
Adminisft'.ltiv~! SHr\lic!~!i
PlJf<:htlsirl~1
n11/Z()05 4:51 PM
Approved By
Stli'Ve Canwll
PurchasingiGeneral Sv(:~ Director
Date
Admini!>lr~tive Sl~r'lices
Purchas.ing
7!1:lt'1005 7:50 AM
Approved By
Skip C.ml'l, C.F,M
F,adlitil~~ Man01\lement DirN:tllt'
D,<ltl~
AdministrOltive ServIces;
Fac.ilities Mal1ng@n'lel1t
7i1JiZOOS 3:41 PM
Approved By
OMS Coordinator
Adminll.tratlve Assistant
Onte
County M"lrH.u~~r'$ 01fil:e
Offk~ (11 Mallag~ment & aud!il~!t
7/13120054:12 PM
Approved By
Michael Smykowski
Management & Budget Director
Date:
County MMager's 01fic~
Office of M,H1agurnent &. Budqet
1/18!2005 4:50 PM
Approved By
J;;SUles V. Mudd
Cmmty ,.,Lmager
Date
Board of County
Commissioners
COtlllty M,mi!lg~r'... Office
7(19120055:52 PM
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CONTRACTIWORK ORDER MODIFJCATION
CHECKLIST FORM
Agenda Item NO.1.. 6f;A 2
July 26. 4005
Page 5 of 43
PROJECT NAME: Australian Pine Removal
PROJECT #: 515012
63 -.3a.y
BIDlRFP #: . WA MOD #1..LPO#: 4500042872 WORK ORDER #: DAB-FT -05-09
DEPARTMENT: StormwBter
Original Contract Amount:
$ 222.450.00
(Starting Point)
Current BCe Approved Amount:
$ 222.450.00
(Last Total Amount. Approved by the BCC)
Current Contract Amount:
$ 222.450.00
(Including All Changes Prior To This Modification)
Change Amount:
$ 3.900.00
$ 226.350.00
(Including This Oumge Order)
Revised Contract/Work Order Amount:
CuIIlulative Dollar Value of Changes to this Conlract/Work Order: $ ..~.3!6.ft(t BJ q ()O. {)ZJ E/L.
. '
Date of Last BCC Approval
0212212005
Agenda Item # 16.B.3
% /.75 ~
Percentage of the change over/under current contract amount ..e:02
Formula: (Current Amount / Last BCe approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BeC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section IIl.C.4.
CURRENT COMPLETION DATE (S):OR1GINAL: 9/12/05 CURRENT~ 9/12/05
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. An additional $3,900 is nel....'essary to assist in
the removal of additional Australian pine trees. that were not proiected in the original scope.
JUSTIFICATION FOR CHANGE (5).: What value or benefit do these changes provide to the project?
This change order is necessary to effectively complete the project and to restore the area to a satisfactory condition.
PARTIES CONTACTED REGARDING THE CHANGE: Stormwater Management Deparfinettt Director. and
Aquagenix.
Revised 4/25/2005
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IMPLEMENTATION S~EPS (~erify ~ch before proceedi~g. with change using Y, N ~~lijf,()lte.hII~~'6~ 6J/~
l Proposed change IS consistent with the scope of the eXisting agreement Page 6 of 43
L Proposed change is in fact an addition or deletion to the existing scope
l Change is being implemented in a manner consistent with the existing agreement
L The appropriate parties have been consulted regarding the change
L Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
APPROVE BY~~ Date:;'-j"- op_""
REVIEWEDBV -- H'__' Date: ,'5/~/()5
Contract Specialist
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Revised 4/25/2005
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. ~ 2
July 26, 2005
Page 8 of 43
(- PROJECT NAME: Culvert Replacement at River Oaks. Palm River Subdivision
PROJECT It: 510073
BIDIRFP#: Dt(-rI$ MOD#: I.. .-' PO#:4500043571 WORKORDER#:Uc-071
DEPARTMENT: Stormwater Manaaement
Original Contract Amount:
$ 555.400.00
(statting Point)
Current Bee Approved Amount:
$555.400.00
(Last Total Amount Approved by the Bee)
Current Contract Amount:
$555.400.00
(Including All Changes Prior To This Modification)
Change Amount:
$25.500.00
$580.900.00
(Including 'Ibis Change Order)
Revised Con:tractlWork Order Amount:
Cumulative Dollar V81ue of Changes to this ContractIW ork Order: $25..500.00
Date of Last BCC Approval 318105. Agenda Item # laB6
Percentage of the change overlUnder curren.t contract amount'fio-. % ,J. 5'1 .
Formula: (Currant Amount/ Last Bee approved amount)-1 1
(' Results and Actions: If the change exceeds 10% BCC approval is required; undar1 0% reported to BeC on
Purchasing report For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section lH.C.4.
CURRENT COMPLETION DATE (S):ORIGINAL: 10/3/05 CURRENT: 10/3/05.
sDMMAIty OF PROPOSED CHANGE (8): Identify the changes. The purpose of this change order is to
add $25,400.00 in contingency approved at the: BCC March 8, 2005 meeting to support additional ClIlvert
replacement work for the River Oaks, Palm River Subdivision project. An additional $25,500 is needed for
changing the construction method from open trenchIng to slip-lining.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
Usina slip-nnina rather than ODen cut trenchina methods avoids conflicts with underaround utilities and
property OWners landscapinQ.
PARTIES CONTACTED REGARDING THE CHANGE: Slormwater Manaaement Director, DN Hioains, Inc.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
....::L- Proposed change is consistent with the scope of the existing agreement
l Proposed change is in fact an addition or deletion to the existing scope
l Change is being implemented in a manner consistent with the existing agreement
l The appropriate parties have been consulted regarding the change
l Proposed prices,. fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
.
Date:
~-11-o'S"
6)5)6 E
Date:
Revised 4/2512005
. CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda !tern No. ~ 12
July 26, 2005
Page 9 of 43
PROJECT NAME: Tract N Lake and Ibis Way Road Crossing
PROJECT #: 510142
BIDJRFP #:01:.11:10 :"~OD #: ~-'. . _PO#:4500033629 WORK ORDER #:QGM-FT-04-GS
DEPARTMENT: Stormwater Mari8:qement
Original Contract Amount:
$ 35.790.00
(Starting Point)
CUrrent Bee Approved Amount:
$
(Last Total Amount Approved by the Bee)
Current Contract Amount:
$35.790.00
(IDcludlng All Changes Prior To This Modification)
Change Amount:
$3.578.00
$391368.00
(Including This Change Order)
Revised ContractIWQrk Order Amount:
Cumulative Dollar Value of Changes to this Contra:ct/Work Order: ~.578.00
Date of Last BCC Approval NlA Agenda Item #
Percentage of the change over/under current contract amount 10.60
Formula: (Current Amount! Last BCO approved amount)-1
Results and Actions: If the change exceeds 10% BCe approval is required; under 10% reported to BCe on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures. Section 11I.0.4.
CURRENT COMPLETION DATE (S):ORIGINAl: 6/30/05
SUMMARY OF PROPOSED CHANGE (S): Identify the changes.
add $3,578.00 for additional permitting requirements.
%
CURRENT: 12/30/05
The purpose of this ohange order is to
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
The proiect reauires SFWMD permits before construction can commence.
PARTIES CONTACTED REGARDING THE CHANGE: Stormwater Manaaement Director. Q. GradY Minor &
Associates; PA
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, Nor NlA)
-L Proposed change is consistent with the scope of the existing agreement
-L Proposed change is in fact an addition or deletion to the existing scope
L Change is being implemented in a manner consistent with the existing agreement
-L The appropriate parties have been consulted regarding the change
-L Proposed prices, fees and costs set forth in the change are reasonable
APPROVE BY:
Pr .
REVIEWED BY:
PROJECT MANAGER RECOMMENDATION: This form Is to be signed and dated.
Date: , - {, -0..6
Date: r,lqf5
Revised 4/2512005
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CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No~ 12
July 2~2005
Page 10 of 43
r
\, PROJECT NAME: Forest Lakes Roadway & Drainaae MSTU. Quote #3 PROJECT #:
BID/RFP #: Otf}f3( MOD #: 'L ~~OG'1.-lb~~RKORDER#: ATM-FL-K.C.-D4-04
DEPARTMENT: Alternative Transportation Modes
Original Contract Amount:
$ .J47.2~..ee: /E~. 9C:;6. 00
(Starting Point)
Current BCC Approved Amount:
$ 347.285.00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 347.285.00
(Including All Changes Prior To This Modification)
Change Amount:
$ 28.285
$ 375.570.00
(Including This Change Order)
Revised Contract/Work Order Amount:
Cumulative Dollar Value of Changes to this Contract/Work Order: $ 28.285
r
Date of Last BCC Approval-.n1 o.j 11)1004- Agenda Item # ~
Percentage of the change over/under current contract amount 8.14 %
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA.
CURRENT COMPLETION DATE (S):ORIGINAL: December 1.2005 CURRENT: December 1. 2005
SUMMARY OF PROPOSED CHANGE IS): Identify the chanaes. Drainaae behind The Villas. rearade of
existino tOPoelraphv. cut & fill and resod areas which are disturbed durino construction. Supplv and Install 165 If of
24" RCP wi Miders & C-Inlet. Supply & Install 60 If of 18 inch RCP wi Miders, Cut into existino RCP for installation.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
Materials and installation are necessary for continued ooeration of the drainaae svstem within Forest lakes MSTU
boundary. The improvements are recommended to improve the capacity for the system to maintain proper
drainaoe for the Forest Lakes MSTU.
PARTIES CONTACTED REGARDING THE CHANGE: Forest lakes Roadway & Drainaoe MSTU Committee
Members. WilsonMHler Enaineerino Consultant. Craia Paeler. WilsonMiller Enaineerina Consultant. Chris Breiling.
Project Manaaer, Val Prince. A TM Deoartment. Collier County.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A)
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
r 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
Revised 4/25/2005
_/
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MENDATION: This form is to be signed and dated.
Date ~iJ~
Date:
Revised 4/25/2005
Agenda Item No. 16~?A
July 26, 2~~
Page 11 of 43
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CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item N~6E12
July 26, 2005
Page 12 of 43
PROJECT NAME: Golden Gate Parkway
PROJECT #: 600275
PO#:4S00032527 WORK ORDER # TLO-oP-04-o1
BIDIRFP #: 00-3131 MOD #:
1
DEPARTMENT: ATM - TransDortation
Original Contract Amount:
$ 23.222.50
(Starting Point)
Current BCC Approved Amount:
$
~ Total Amount Approved by the BCC)
Current Contract Amount:
S 23.222.50
(Inoluding All Changes PrIor To This Modification)
Change Amount:
$
575.00
Revised Contract/Work Order Amount:
$ 23.797.50
(Including This Chllttge Order)
Cumulative Dollar Valoe of Changes to this CcmtractIWork Order: $ 515.00
Date of Last BCC Approval
Agenda Item #
r
Percentage of the change over/under current contract amount ~
Formula: (Current Amount I Last BCe approved amount)-1
Results and Actions: If the change exceeds 10% BCe approval is required; under 10% reported to Bee on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.C.4.
CURRENT COMPLETION DATE (S):ORIGINAL: February 28. 2005
CURRENT: March 16. 2006
SUMM.ARY OF. PROPOSED CHANCE (Sr: 1cIe~ ~ ~ Chanqe Order 10 d!d~ T:'Ik4.7 In 111:
amount of $1 000 in the SCODe never includ in th Work Order. Also to add 5575. t. Task 4.0 for
Irrigation Design revisions
JUSTIFICATION FOR CHANGE (8): What value or benefit do these changes provide to the project?
Irrigation design revisions to convert water sources to temDorarv wells due to construction
schedulina.
PARTIES CONTACTED REGARDING THE CHANGE: Pam Lulich. Scott Windham. Gloria Herrera. Rhonda
Rembert. Diane Flaaa. and Norman Feder
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor NJA)
- 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 M~N~~~~: This fonn is 10 be signed and dated.
APPROVEB~ Date: ~ S- ~r-
Project Manager /
REVIEWED BY: Date:
Contract Specialist
Revised 4/25/2005
CONT~CTIWORKORDER'MODIF1CA1'ION
CMEGKUSTFORM
Agenda Item No, 1 a
July 26, 2rJJS
Page 13 of 43
PROJECT NMI.E: Llvt-tAft..RoadfPRR..RRl PROJECT #: U041.
BlDlRFP -= l84i311108t: L~~:.WCJRKORDERI: ~A~
DEPARTMENT:~TM '-fr
<>rIP" Contraet Amont:
$ 77.255.00
(stIrtiDg Point)
Carrellt BeC APPr&_.Amormt:
s
. (LestTotIl Amount Approvod by ~ Bee)
CurreDtCOIltract ~t:
$80:2OG.OO
(Including All ~l'rior To lbis Mollmoation)
Change AmoUDt:
S 4.280.00
S 84.480.00
(Including This Clwlgc 0rder)
CDmulattve])o&r ValueofCbaagts ,to" CoDtnetIWork Order. $ 7.225.00
Revised Contrut/Wo*OnIer .-u.out:
Ode of Last see Apprcmtl ADol 22. 2.003
Ag__ Item #f. 100
Percentage OftM chan.- ovenun_ cunnt COIItnIct amountUl%
Formula: (Current AmountJ LastBCC appro_ an1OWi'd}-1
Resub and Actions: If the. cl\ang. exceeda.. ~soc approval is requiRIc!i; under 10% reported.to ace en
PuAtlasing f8port. For specific information regarding work order threahOlda,p1CN1Be refer to. the .Contraet
Administration ProcedUAtS~ Section m.C.4. fr
30
CURFteNT COMPl;.ETIQNOATE (S}:ORlGlNAL:~1$.~ CuRReNT: June M.2DOS
SUMJlMYO' PROPOSED CHANGE (5): .._.... changes. Ad_ M.tHcOO to thJawork.on:ferfor
ac:Idltkmal.~ and ~na $1:011O..00 from.....lUMbtu.
JUSTlflCAnON FOR CHANGE (6): What value or benefit do thMe changes pl'O'ffOf to the project?
Inrr-~" Tak." Pll(jpp ~~_"""':".2BO.~ In ~..,........ ~
taka. fNm~-fOrth"chanae~ to_~_"""WDI'It""',
PARTIES CONTACTED REGARDING THE CKANGE:Bob Peterun. .Df8ne FlaGG. G.... ........._
McG........~.and.~Rembert.
IUPLEMENTATIONSTEPS (Vert'fy eaoh befo.. prOCMdlngwtth ch..... tlalng Y. N or NlA)
..::L Proposed change is consistent with the soope of the existing agreement
..::L Proposed change is in fact an .addition or deletion to the exi8tingscope
..::L- Change is being Implemented in a manner consistent wftti the existing agreement
....::L The appropriate parties have been consulted 199arding the ctnInge
..:Lpropo&ed prices, fees "net COSl$..etforth in the change8lN n!KI8Onable
APPROVE BY:
REVIEWED BY:
Revised 4/2512005
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CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16~2
July 26, 2005
Page 18 of 43
r
PROJECT NAME:
B1DIRFP #: 04-3704 MOD #:
N8Dles Park Outfall Maintenance Dredaina
I
PROJECT #: 510041
PO#:4500037184 WORK ORDER #: N1A
DEPARTMENT: Stormwater Manaaement
Original Contract Amount:
$ 44.069.00
(Starting Point)
Current Bee Approved Amount:
$44.069.00
(LaSt Total Amount Approved by the BCC)
Current Contract Amount:,
$44.069~OO
(Including All Oumges Prior To This Modification)
Change Amount:
< $3~069.06>
Revised ContractIWork Order Alnonnt:
~1.000.00
(lncluding This Change Order)
CUnnilati'fe Dollat Value of Changes to this ContractIWork Otder: $3.069.00
Date of Last Bee Approval 10/12/04
Agenda Item # 16B6
r- percentage of the changeover/Under current contract amount - &.96%
Formula: (Current Amount t Last ~CC apprOVed amount)-1
Results and Actions: 1f the change exceeds 10% BCe approval is requited; under 1 (JO~ reported to BCe On
Purchasing report. For specific information regarding work order thresholds, please refer to the Oontract
Administration Procedures, Section 11'1.<0.4.
CURRENT COMPLETION DATE (S):ORtGINAL: 5123/05
CURRENT: 5123/05
SUMMARY OFPROPOSE.D CHANGE (S}: Identify the changes. Delete Item 3r1o-rap installation
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the proJeCt?
Rock was encountered at the outfall upon completion of excavation. Installation of riP"1'8b is not
necessarvdue to theclepth of the existinarock. This deduction will close the PO.
.. .
PARTIES CONTACTED REGARDING THE CHANGE: Stormwater Manaaement Director. Subaaueous
ServiceS;, lilC. .
.
IMPLEMENTATION STEPS (Verify each before proceeding With change using Y, N or N/A)
l Proposed change is consistent with the scope of the existing agreement
l Proposed change is in fact an addition or deletion to the existing scope
l Change is being implemented in a manner consistent with the existing agreement
l The appropriate parties have been consulted regarding the change
l Proposed prices. fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form is to be signed and datect.
~.
r-'APPROVEBY: _. ___ -tz1
Pf Ma er
REVIEWED BY."; .
&;ntract Specialist
Revised 4/25/2005
Date:
S:-.:tsc-oS'
5 -7-5-ll5
, Date:
CHECKLIST FORM
Agenda Item N~E12
July 2~05
Page 19 of 43
PROJECT NAME: NORTH NAPLES REGIONAL PARK CONSTRUCTION MANAGEM&NT AT RISK
PROJECT #;80602
BIDlRFP #: 01-3189 MOD #:12 PO#t:4500037217
DEPARTMENT: PARKS AND RECREAnON
Original Contract Amount:
$53,802,645
(Starting Point)
Current Bee ApproYed Amount:
542,023,463.30
(Last Total Amount Approved by the BCC)
Cunent Contract Amount:
$42,023.463.30
(Including All Changes Prior To This Modification)
Change Amount:
$70,362.00
$42,093,825.30
(Including 'This Change Order)
Revised ContraetIWork OJ:'der AuIount:
Cumulative Dollau- Value of Changes to this CootractIWork Order: ( 5-11,708,819.70)
'Date of Last BCC Approval: 5/2412005 Agenda Item #16(D)4
. Percentage of the change over/under c;urrent c:ontrac:t amount: 0.... . \ 1 ~D ...fr
" Formul~ (Current Amount I Last Bee approved amount)-1
Results and Actions: If the change exoeeds 10% BCe approval is required; under 10% reported to Bee on
Purchasing report. For specific Info""atloo regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.C.4.
CURRENT COMPLETION DATE (S):ORIGINAL: 5110/2006 CURRENT: 5110/2006
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. This additive Change Order # 12 Is to add
to Knlft's contract the material testing required to construct the Park. Originally, the County contracted
with Forge Engineering for the material testing for part 1 of the Park. Since that work order has been
completely used and additionally testing fs required, it is prudent to attach this work to Kraft's contract.
Forge Engineering has provided a proposal to Kraft for $70,362.00 to complete the material testing (solis,
IIm.rock density, concrete cylinders, walding, etc...) necessary to meet: projec;t specifications. County
policy, quality control, and pass inspections and receive project approvals. This Change Order #12
brings the total change orders to the projec;t to (~11 ,708,81 9.70).
JUSTIFICATION FOR CHANGE (8): What value or benefit do these changes provide to the project?
:Colller County is required by the project specifications, County polley, quality contro', and in order to
pass building and site inspection to have materials testing performed on the project. By adding this facet
of work to Kraft's contract, they have better c:ontrol of the consultant as they normally call on the
cOnsultant directly. This will streamline the project and make the consultant acc;ountable directly to Kraft.
PARTIes CONTACTED REGARDING THE CHANGE: Parks and Recreation Director, Public Services
Administrator, Purchasing's Contract Specialist, Clerks Finance Department SpeCial Projects Coordinator,
County Project Manager.
Revised 4/25/2005
Rt>:~'t
(-
IMPLEMENTATION STEPS (Verity each bldore proceeding with change using V, Nor N1A)
..)(_ Proposed change is consistent wfth the scope of the existing agreement
.JC Proposed change is In fact an addition or deletion to the exIsting scope
-X- Change is being implemented in a manner oonsistent with the existing agreement
_'<- The appropriate parties have been consulted regarding the change
-'L Proposed prices, fees and costs set forth In the change are reasonable
nON: This form ia to be signed and dated.
Date: 61'~/~
Date: ,?/oS-
t
APPROVE BY:
Jo
(
,
Revised 4/2512005
Agenda Item ~ ~12
July 26, 2005
Page 20 of 43
CO TRACTJWORK ORDER MO FICATION
CHECKLIST FORM
Agenda Item No. 16E 12
July 26, 2005
Page 21 of 43
.3
PROJECT NAME: Hldeawa
PROJECT #: 905021
BIDIRFP #: 05-3744 MOD #: 1
PO#:4500041481 Marine
DEPARTMENT: Tourism
Original Contract Amount:
$2,140,880 (Starting Point)
Revised ContractlWork Order Am Dot:
$2,183,18Ocluding This C
Current BeC Approved Amount:
$2,140,880 {Last Total
Change Amount:
$2,140,880
$4~
Current Contract Amonnt:
Cumulative Donar Value of Chang to this ContradfWork Order: S4
Date of Last BCC Approval
ber 14, 2004 Agenda Item #
Percentage of the change overl nder cunent contract amount { . q ~ l'( ~
Formula: (Current Amount I Last C approved amount)-1
Results and Actions: If the cha exceeds 10% BCC approval is uired; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Secti n III.C.4.
CURRENT COMPLETION DATE S):ORlGINAL: Auaust 13. 2005 CURRENT: Auaust 23. 2005
SUMMARY OF PROPOSED C GE (S): Identify the changesl~ime and Material. Not-To-Exceed Change
Order (#1) for Marine Contracti Inc. to provide for the storage of Fnstruction equipment off the beach at night.
Also extend time from 140 days 150 days resulting from Jetty 1aYiut changes required by sand accretion on the
north end of the project.
I
JUSTIFICATION FOR CHANGE S): What value or benefit do t
of this Change Order will allow mpliance with Biological Opinio
efficient manor to protect Hi y Beach from 2005 hurricane sea
changes provide to the project. Approval
and completion on this project in a time
erosion.
Humiston & Moore
APPROVE BY:
Gry
REVIEWED BY:
Lyn
Date:
Date:
r
TRACTIWORK ORDER MODIFICATION
CHECKUSTFORM
Agenda Item No. 16'E2
. July 26, 20 5
Page 22 0 3
PROJECT NAME: Hideawa
BIDIRFP': 04-3667 MOD .: 1
n urlshment
PROJECT #: 905021
OEPARTMENT:
Original Contract AJDoant:
$1,481,775 (Stm1iDg PoUlt)
Current BCC Approved Amount:
SZ,48z, 775 (Last TotIl.AJ:oouot Approved by 1he BCC)
$2,482,775 (JJIl;.I.tcln1g Allp.maes Prior To 'Ibi8 ~)
f
Curreat CoDtract Amount:
Change Amount:
SI85,ooo
CUJDaIatiw: Dollar Value of Ch
SZ,667,775 (IJdudiug 'Ibi8 Chqc 0Idi::I')
to this Coat:ractJWork Order: $185,000
Date or Last BCe Approval 26, 2004 Agenda Item #I 16F6
f
Pen:entage of the change curNnt contract amou~ 7, if ~ %
Formula: (Cunent Amount I Last approved amount)-1 '
Results and Actions: If the chen exc:eecls 10% ace approval is ireqWt'ed; under 10% reported to Bce on
Purchasing. report. For specific information regarding work order! thresholds, please refer to the Contract
Administration Procedures, Secti III.C.4.
CURRENT COMPlETION DATE (S):ORlGINAL: June 24. 2005 i CURRENT: June 24. 2005
i II(2:/-
GE (8): Identify the changes~ 4O.000/cubic vards of additional sand m1d .
(
JUSTIFICATION FOR CHANGE (8): What wlue or benefit do th!ne changes provide to the project? Sand
erosion from original bid q . . to pre construction survey was significantly difrerent due to beach erosion. The
Beach Access Restoration was a d a1temate on this contract and Contract 05-3744.
!
!MPLEMENTATION STEPS (Ve each before proceeding with Change using Y, Nor NlA)
y _ Proposed change is consi with the scope of the existing agreement
Y _ Proposed change is in fact addition or deletion to the existing scope
Y _ Change is being imp/erne in a manner consistent with the epdsting agreement
Y _ The appropriate parties hay been consulted regarding the ch~
Y _ Ptoposed prices, fees and sts set forth in the change are rea$Onable
PROJECT MANAGER RECOM ENOATlON: This fonn is to be signed and dated.
Date: 5~1812005
Date: 6/ d-/ ()~
: .
APPROVE BY:
G
REVIEWED BY:
l
(
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No.. ~6 . -- .
July 26. 005
Page 2. f 43
P~OJECT NAME: Naples Jail
PROJECT #: 52008
BIDIRFP #: 98-2829 MOD #: 34 PO#:4500012306 WORK ORDER #
DEPARTMENT: Facilities
Original Contract Amount:
$ 34,402,176.00
(Starting Point)
Current BCC Approved Amount:
$ 29,914,372.14
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 29,535,900.38
(Including All Change!! Prior To This Modification)
Change Amount:
$24,954.40
Revised ContractfWork Order Amount:
529,560,854.78
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractlWork Order: $ (4,841,321.22)
Date of last BCe Approval 2/10/04
Agenda Item # 10-B
Percentage of the change over/under current contract amount %-1.18
Formula: (Current Amount I Last BCC approved amount)-1 .
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds. please refer to the Contract
Administration Procedures. Section !lI.CA.
CURRENT COMPLETION DATE (S):ORIGINAL: 6/13/06
CURRENT: 6/13/0l?
SUMMARY OF PROPOSED CHANGE (8): Identify the changes. Revise Exhaust Duct Location@ Room 2044,
Reduce Duct opening sizes thru floors, add pass thru at property storage room # 1140, add door frame @ Locker
room 2002, added fire alann device at Lobby 1001.
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project:
Owners Requested
PARTIES CONTACTED REGARDING THE CHANGE: Jack Croanale. Peter Havden
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
_ 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 form is to be signed and dated.
APPROVE BY: / ~ Date: ?/i~r
Revised 4/25/~
),
Proj~
REVIEWED BY: . .~
Contra ci
.
Agenda Item No. 16E12
: /c July 26: 2.0oA. -1'..1
~/ ~r Page 24 of., V-
Date:
_.
(-
Revised 4/25/2005
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item NO.~,~
July 26, 2005
Page 25 of 43
PROJECT NAME: livinaston Road C1mmokalee Road to County Line) PROJECT #: 650413
BID/RFP #: 04-3655 MOD #:
6
PO#: 4500031637 WORK ORDER #: N/A
DEPARTMENT: ATM- Trans ortatlon
Original Contract Amount:
$ 907 .201.90
(Starting Point)
Current BeC Approved Amount:
$ 935.342.25
(Last Tow Amount Approved by the BCe)
Current Contract Amount:
$ 1.013.832.62
(Including All Changes Prior To This Modification)
Change Amount:
$ 817.19
Revised ContractIWork Order Amount:
$ 1.014.649.81
(Including This Change Order)
Cumulative DoUar Value of Changes to this Contrac::tlWork Order: $ 107.447.91
Date of Last BCe Approval December 14; 2004
Agenda Item # 16B-16
Percentage of the change over/under current contract amount 8.48%
Formula: (Current Amount I Last BeC approved amount)-1
Results and Actions: If the change exceeds 10% Bee approval is required; under 10% reported to BCe on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA. " '1....
....JtlN....::>0 ~Ok ~
CURRENT COMPLETION DATE (S):ORIGINAL: Februarv 7. 2005 CURRENT:..~20d5
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Creditlna Items that were duolicated on
Chanae Order #4 from Chanae Order #3 and Chanae Order #5.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?Proiect
needs to be credited for these doubled items In two differentChanae Orders.
PARTIES CONTACTED REGARDING THE CHANGE: Bob Petersen. Diane Flaaa. Gloria Herrera. Scott
Windham and Dale Hannula
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N/A)
_ 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
ENDATION: This form is to be signed and dated.
'-Or
Date:
APPROVE BY:
Date:
Revised 4/25/2005
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E12 {
July 26, 2005
Page 26 of 43
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PROJECT NAME: Courthouse Annex PROJECT #: ~
BID/RFP #: 00.3173 MOD #: ~
PO#: 4500002601
WORK ORDER #: N/A
DEPARTMENT: Facilities
Original Contract Amount:
$ 190,000.00
(Starting Point)
Current BCC Approved Amount:
$1,761.388.00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$1,788,571.00
(Including All Changes Prior To This Modification)
Change Amount:
$ 8.556.00
Revised Contract/Work Order Amount:
$ 1.797.127.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractJWork Order: $1.607.127.00
Date of Last BCC Approval 5/25/2004 Agenda Item # 16 E 2
r
Percentage of the change over/under current contract amount 2.03%
Formula: (Current Amount I Last BCC approved amount)-l
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCe on Purchasing
report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures,
Section ill.CA.
CURRENT COMPLETION DATE (S):ORIGINAL:
CURRENT:
SUMl\1ARY OF PROPOSED CHANGE (S): Identify the changes. Owner requested a proposal from S:illiS Candela to
provide additional services to redeshm the third floor for finauce administration and 2eneral accountin .
JUSTIFICATION FOR CHANGE (8): What value or benefit do these changes provide to the proJect? The additional
services will provide a better desi2n for the occupants and their business practices.
PARTIES CONTACTED REGARDING THE CHANGE: Ron Hovell. Skip Camp. Linda Jackson
IMPLEMENTATION STEPS (Verify each before proceediug with change using Y, N or N/A)
l Proposed change is consistent with the scope of the existing agreement
l Proposed change is in fact an addition or deletion to the existing scope
l Change is being implemented in a manner consistent with the existing agreement
l The appropriate parties have been consulted regarding the change
l Proposed prices, fees and costs set forth in the change are reasonable
(
APPROVE BY:
p
REVIEWED BY:
C
ION: This form is to be signed and dated.
Date: 6//I/O.s-
Date: 6/ (lla)/'
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G:\Construction & Capital 1lem5\52533 Courthouse Annex\Change Order # 8.doc
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E12
July 26, 2~
Page 27 O~3
PROJECT NAME; Fa~ade Renovations of the Collier County Courthouse
PROJECT #: 52004
BIDIRFP #: 04-3630
_MOD #: 2
PO#: 4500030390
WORK ORDER #
DEPARTMENT: Facilities
Original Contract Amount:
'"
$ 330,427.00
(Starting Point)
Current BCC Approved Amount:
$ 330,427.00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 227,607.00
(Including All Changes Prior To This Modification)
Change Amount:
$ (9;120.00)
$218,487.00
(Including This Change Ordt2')
6IUllitative Dollar Value of Changes to this ContractlWork Order: $ (111,940.00)
Revised ContractJW ork Order Amount:
". 9~ of Last BCC Approval 6/8/04
Agenda Item # 13 E 1
Percentage of the change over/under current contract amount % -33.88
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report For specific infonnation regarding work order thresholds, please refer to the Contract .
Administration Procedures, Section !lI.C.4.
CURRENT COMPLETION DATE (S):ORIGINAL: 5/15/02005 CURRENT: 6f.31/06 9/3tJ / ~ *
SUMMARY OF PROPOSED CHANGE (S): There is a credit for alternate #3 included in the Contract for
(36,400.00) aqd then an add on to bring existing railing up to code per drawings prepared by Schenkel & Shultz,
Inc. Also ~~ lflyease of 70 days are added to time for the completion. "
;
JU5TIFI~~!'~N FOR CHANGE (5); What value or benef'rt do these changes provic;le to the project? To
brin~ ram'I!~~,:to code. " "
PARTIES CONTACTED REGARDING THE CHANGE: Robert Fuentes. Proiect Manaqer
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
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 i m nted in a manner consistent with the existing agreement
_ Y _ The appropriat arties ve been con d regarding the change
_ Y _ Proposed pr' es, fees a d costs set f h' the change are reasonable
APPROVE Y:
Date:
R~IEWEDB:l(p~
C t S cia
Dale: hip/as
t {
Agenda Item No. ~12
July 26, ~
Page 28 f 43
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J1.t.l-23-200S 16: 1217
COLL I ER CO PRK
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
P l2l6/1219
Agenda Item No. 16~
July 26, 2
Page 29 of
PROJECT NAME: NORTH NAPLES REGIONAL PARK CONSTRUCTION MANAGEMENT AT RISK
PROJECT 1:80602
BIDIRFP t: 01-3189 MOD #:13 pa':4500037217
DEPARTMENT: PARKS AND RECREATION
Original Contract Amount:
$53,802,645
(Startilli Point)
Current BCC Approved Amount:
$42,023,463.30
(Last Total Amount Approved by the.Bce)
Current Contract Amount:
$42,093,825.30
(Includiug All CWIges Prior To This Modific:alion)
Change Amount:
($-879,718.38)
$41,214,106.92
(Including Thl8 Change Order)
Revised ContracllWork Order' Amount:
Cumulative DoUar Value of ChaDges to this ContractIWork Order: ($t;12,5SS,538.08)
Date of Last BCC Approval: 6/2412005 Agenda Item f#16(D)4
Percentage of the change under current contract amount:-2.09%
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required: under 10% reported to acc on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.C.4.
CURRENT COMPLETION DATE (S):ORIGINAL: 5110/2006 CURRENT: 511012008
SUMMARY OF PROPOSED CHANGE (8): Identify the ohanges. this deductive Change Order # 13 ,is
associated with the Direct Materials Purchase (DMP) of materials directly from the Protect vendors of the ,
North Naples Regional Park construction proJecl By deducting the direct costs of certain mate.... from
Kraft Construction's purchase order and purchasing direcUy from the vendor, the County Is able to save
the 6% Florida Sales Tax on the purchase. In this case, the savings on the $879,718.38 of purchaua
equals approximately $49,795 In tax savinga to the County. Collectiwly, all Change Orders for the DMP
add up to $12,588,538.08 which equates to tax savings of approximately $725,600 to the County.
JUsnFlCATION FOR CHANGE (9): What value or benefit do these changn provide to the prol8Ct?
Exhibit 0 of the Contract sets out the procedure for executing the Direct Materials Purchase (DMP) of
good.. This Change Order is consistent with the contracfs procedu.... and ia in concert with the
County's policy of S.les Tax savinga thru direct purchases. this saves the County .igniflcant amounts of '
money.
PARTIES CONTACTED REGARDING THE CHANGE: Parks and Aecrutlon Director, Public ServlCM
Administrator, Purchasing's Contract Speclallfi, Clerke Finance Department Special Projects Coordinator,
County Project Manager.
n _..:._ ~ A ,"'l! /f\1V\/:
,',
Agenda Item No. 16E1{) "
July 26, 200~ II'-
Page 30 of 43
r IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA)
.JL Proposed change is consistent Wlttl the scope of the existing agreement
.JL Proposed change is in fact an addition or deletion to the existing scope
_)C Change is being implemented !n a manner consistent with the existIng agreement
._JC The appropriate parties have been consulted regarding the change
-'L Proposed prices, fees and oosts set forth in the ohange are reasonable
PROJECT M
N: This form Is to be signed and dated.
Date: 6;/7/;;-
Date: ~ ZtJ /06
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Revised 4/25/2005
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CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No..{ ~ 2
July 16: 2005
Page 31 of 43
PROJECT NAME: Eng. Servo For SCRWTP 8mgd RO Expansion PROJECT #: 70054
BID/RFP #: 98-2891 MOD #:
5
PO#:_917436_ WORK ORDER #:
DEPARTMENT:_PUED
Original Contract Amount:
$ _3,920,064
(Starting Point)
Current BCC Approved Amount:
$ 7,572,863
~ast Total Amount Approved by the BCe)
Current Contract Amount:
$_7,572,863
(Including All Changes Prior To This Modification)
Change Amount:
$
-0-
Revised ContractfWork Order Amount:
$_7,572,863
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: $
Date of Last BCC Approval
10/24/04
Agenda Item #
10A
Percentage of the change over/under current contract amount 0 %
Formula: (Current Amount I Last BCC approved amount}-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section IILCA.
CURRENT COMPLETION DATE (S}:ORIGINAL:
CURRENT:
SUMMARY OF PROPOSED CHANGE (5): Identify the changes. Extend the contract for 90 days in order to
complete construction oversight.
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project? Work to
compete the plant and correct work by previous contractor is taking longer than expected
PARTIES CONTACTED REGARDING THE CHANGE: Metcalf & Eddy. Purchasina
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A)
_ Y _ Proposed change is consistent with the scope of the existing agreement
_N_ 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
N/A Proposed prices, fees and costs set forth in the change are reasonable
Date:
rJ
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item NO.1 clJ2
July 26, 10~5
Page 32 of 43
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PROJECT NAME: Immokalee Road - U.S. 41 to 1-75
PROJECT #: 66tU2
BID/RFP #: 00-3067 MOD #:
DEPARTMENT: TECM
12
PO#:
WORK ORDER #:
Original Contract Amount:
$ 1.973.375.00
(Starting Point)
$ 2.756.470.00
(Last Total Amount Approved by the BeC)
Current BCC Approved Amount:
Current Contract Amount:
$ 2.789.700.00
(Including All Olanges Prior To This Modification)
Change Amount:
$ 118.830.00
Revised ContractJWork Order Amount:
$ 2.908.530.00
(Including This OIange Order)
Cumulative Dollar Value of Changes to this ContractJWork Order: $ 935.155.00
Date of Last BCC ~ 6-22-04 Agenda Item # 10 (J)
(- Percentage of the change over/under a.wrent contract amount l' ~ % "-/. 2..l.&> 2 '1}- (. .~
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section "tC.4.
CURRENT COMPLETION DATE (S):ORIGINAL: 11118/07
CURRENT: 11/18/07
SUMMARY OF PROPOSED CHANGE (S): Identify the changes.
services by the designer of record
Additional funds to cover post - des.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Post-desian
services are required to cover such items as site visits. chanae orders reviewlinteroretations. shoo drawina review
and field insoectionslcertifications. as well as chanaes in the olans as reauested bv the Countv.
PARTIES CONTACTED REGARDING THE CHANGE: Dale Bathon. P.E.. Lvnn Thoroe. P.E.. Gene Calvert.
'nterim Director of TECM. Hole Montes. Inc.
IMPLEMENTATION STEPS (Verify each before proceeding wiIh change using Y, N or N/A)
-1L Proposed change is consistent with the scope of the existing agreement
.lL Proposed change is in fact an addition or deletion to the existing scope
.lL Change is being implemented in a manner consistent with the existing agreement
.lL The appropriate parties have been consulted regarding the change
.lL Proposed prices, fees and costs set forth in the change are reasonable
{'
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
APPROVE BY: ~Q..L... Date:
Pro. nag
REVIEWED BY:
5-1;)jS
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Date:
CONTRACTIWORK ORDER MODIFICATION
CHECKUST FORM
Agenda Ite~~t2=l>
July 26, 2005
Page 3f t3
PROJECT NAME: SCWRF Wetlands Restoration
BIDlRFP #: 05-3736R MOD II: 1
DEPARTMENT: Public Utilities Engineering
PROJECT ##: 73949
POll: 4500047489 WORK ORDER #:
N/A
Current BeC Approved Amount:
$]i'7.693.M q,'2..S"""'\\ \oC\\.CC
(Last Total Amount Approved by the BCC)
~
~
Original Contract Amount:
$ !S'1.693.62 ~ '2."5', bC\\.~o
(Starting Point)
Current Contract Amount:
S251.e~.02 ~ 'Z.51. b C\ \ \ t)t)
(Including All Changes Prior To This Modification)
A\-
Revised ContractIWork Order Amount:
$13.126.68
$219.11'.'10 1"2..'" 0 I ~"\ ~
(Including This ange Ordct)
~
Change Amount:
Cumulative DoUar Value of Changes to this ContractlWork Order: $13.126.68
Date of Last Bec Approval 2/8/05
Agenda Item ## 16 (C) 8
Percentage of the change over/under current contract amount 5.094 %
Formula: (Current Amount / Last sec approved amount}-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to acc on
Purchasing report. For specific information regarding work order thresholds, please refer to tile Contract
Administration Procedures, Section III.C.4.
CURRENT COMPLETION DATE (S):ORIGINAL: 7/27105 CURRENT: 8/26105
SUMMARY OF PROPOSED CHANGE (S): Identify the chanaes. Additions include Installation of drainaae
culvert. relocation of a oioeline. installation of a drainaae structure. Deduct for Irrlaation and uoland trees In the
area where the existina roadwav will be removed.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
Drainaae Culvert: To avoid imoacts to an existina air release valve assemblv.
Relocation of Pioeline: Unable to orovide orooer arade due to location of an underaround oioe.
Drainaae structure: to ensure or~er water levels are maintained for a healthv ecosvstem. Additional time is
reauired to oerform this work. The deduct is for work to be oerformed under another contract.
PARTIES CONTACTED REGARDING THE CHANGE: Hole Motes. Joe Cheatham. Rov Anderson
IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or NlA)
X_ Proposed change is consistent with the scope of the existing agreement
X_ Proposed change is in fact an addition or deletion to the existing scope
X_ Change is being implemented in a manner consistent with the existing agreement
X_ The appropriate parties have been consulted regarding the change
X_ Proposed prices, fees and costs set forth in the change are reasonable
Revised 4/25/2005
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item N~14.' E 12
July ~~005
Page 34 of 43
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PROJECT NAME: Golden Gate Parkway Gracie Separated Overoass PROJECT #: 60006
BIDIRFP #: 04-3583 MOD #:
DEPARTMENT: TECMD
2
PO#:
WORK ORDER #:
Original Contract Amount:
S 2.367.811.00
(Starting Point)
Current BCC Approved Amount:
S 2.367.811.00
(Last Total Amount Approved by the BeC)
Current Contract Amount:
$ 2.515.106.50
(Including All Changes Prior To This Modification)
Change Amount:
S 70.000.00
Revised ContractIW ork Order Amount:
$ 2.585.106.50
(Including This Change Orde:-)
Cumulative Dollar Value of Changes to this CoutractIW ork Order: S 217.295.50
Date of Last BCC Approval 7/27104
Agenda Item # 10CGl
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Percentage of the change over/under current contract amount 9.18 %
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to Bee on
. Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA.
CURRENT COMPLETION DATE (S):ORIGINAL: 10106
CURRENT: 12/06
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Add additional Post-desian services for
roadwav Iiahtina and the overpass structure.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
Post-desian services are necessarv to provide technical assistance in the review of submittals and
makina anv necessary chanaes.
PARTIES CONTACTED REGARDING THE CHANGE: Lvnn R. Thome. P.E.. EUGene Calvert. Interim Director
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y. Nor NJA)
-2L Proposed change is consistent with the scope of the existing agreement
-2L Proposed change is in fact an addition or deletion to the existing scope
-2L Change is being implemented in a manner consistent with the existing agreement
-2L The appropriate parties have been consulted regarding the change
r -2L Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOM MENDA TION: This form is to be signed and dated.
APPROVE BY:
P
REVIEWED BY:
ate:
/1. /.. Agenda Item ~. tY.'2.~12
~ 17tQ~ July 2~f'cJ05
:./~ ' Pag 35 of 43
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Agenda Ite~~6E12
J ., 2005
R ge 6 of 43
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: Golden Gate Grade Separated Overpass
PROJECT #: 60006
B/D/RFP #: 04-3653 MOD #:
PO #: Work Order #:
06
AMOUNTOF THIS CHANGE S 0_
CONTRACT AMOUNT: ORIGINAL S 35.397.385.35
CURRENTS
35.397 .385.35
(STARTING POINT) (INCLUDING THIS CHANGE ORDER)
Last BCC Approved Amount S N/A
(LAST TOTAL AMT. REQUIRING BCC APPROVAL)
Date of Last BCC Approval
N/A
Agenda Item #
N/A
Cumulative Dollar Value of Change Orders to this ContractIWork Order: ~
Percentage of the change over/under current contract amount N/A %
Formula: (Current Amount I Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section "I.CA
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CURRENT COMPLETION DATE (S):ORIGINAL: September 24.2006 CURRENT: October 28.2006
SUMMARY OF PROPOSED CHANGE (S): Pay Item No. 1537-1-3-3 Valve Box Tapping Cross & Value
this is a new item to be used to protect existing Air Release Valve. Pay Item No. 120-4-1-6 Subsoil
Excavation This is for extra work Unsuitable Material Removal.
JUSTIFICATION FOR CHANGE (5):. Protection of Air Release Valve. Remove unsuitable material from
proposed roadway.
PARTIES CONTACTED REGARDING THE CHANGE: Reviewed and approved by Lynn Thorpe. P.E.,
Principal Proiect Manaaer. T.E.C.M.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N/A)
l Proposed change is consistent with the scope of the existrng agreement
l Proposed change is in fact an addition or deletion to the existing scope
l C~ange is being implemented in a manner consistent with the existing agreement
l The appropriate parties have been consulted regarding the change
-Y-Proposed prices, fees and costs set forth in the change are reasonable
Date: ~ - 7 - .os
Date: ttfi::il/LC:;
I ,
COMMENTS:
(
Revised 9/14/04
Agenda Item No. 1 ~
July 26.~~
Page 37 of 43
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CONTRACT MODIFICATION
CHECKLIST FORM
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PROJECT NAME: . NCWRFr~niection Well Pump Station PROJECT #: 73948
BIDJRFP #: 03-3442 MOD #: 1 AMOUNT OF THIS CHANGE $...e'" r d.. 7, q 6/. ~g')
,
PO #: 4500004584
Work Order #:
CONTRACT AMOUNT: ORIGINAL $ 4.740,000.00
(STARTING POINT)
Last BeC Approved Amount $4.740.000.00
(lAST TOTAL AMT. REQUIRING aee APP~OVAL)
CURRENT $4.712.038.59
(INCLUDING THIS CHANGE ORDER)
Date of Last aee Approval 12/17/02
Agenda Item #
16.C.4
.- ,,~1
Percentage of the change under current contract amount$ %
Formula: (Current Amount I Last BCC approved amount}-1
Results and Actions: If the change exceeds 10% BCe approval is required; under 10% reported to Bee
on Purchasing report.
CURRENT COMPLETION DATE ($):
.ORIGINAL: 04/26/2004
CURRENT; 03/0412005
SUMMARY OF PROPOSED CHANGE (S):
final Allowance totals.
Final Chanl?e Order to adjust the Contract Amount by the
JUSTIFICATION FOR CHANGE (S):
Contract needs to be adiusted for final payment.
PARTIeS CONTACTED REGARDING THE CHANGE: Collier County PUED v
Wriaht Construction. Water Resources. NCWRF. TKW Consulting En!lineers. Inc.
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
l Proposed change is consistent with the scope of the existing agreement
l Proposed change is in fact an addition or deletion to the existing scope
l Change is being implemented in a manner consistent with the existing agreement
l The appropriate parties have been consulted regarding the change
_ Y _ Proposed prices, fees and costs set forth in the change are reasonable
CONSULTING ENGINE
RECOMMEND:
DO NOT RECOMMEN .
PROJeCT MAN
RECOMMEND,
DO NOT RECOMMEND:
Date:
;/ k~-'
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Date:
Date: "3I14/~
Date:
COMMENTS:
/~ /?1 W~. . C?/:;LC//O.)
U~~
Re1fiscd 8/22/03
C;/[',j
VlCjg;::>?'>')h>,?:nl
:1.ln>-l-l )C:lo\ Cr.;\r.;\::J_::J;:'-"lnl'
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 1~rl1.?
July 26, 20'05
Page 38 of 43
PROJECT NAME: Immokalee Road widenina Collier Blvd to 43rd ave. NE
PROJECT #: 60018
BID/RFP #: 02-3419 MOD #: LPO#:~0002133 WORK ORDER #:
DEPARTMENT: TE&CM
Original Contract Amount:
$ 30.107.739.23
(Starting Point)
Current BCe Approved Amount:
$ 33.938.025.18
(Last Total Amount Approved by the BeC)
Current Contract Amount:
$ 34.618.832.49
(Including All Changes Prior To This Modification)
Change Amount:
$ 128.769.41
$ 34.747.601.90
(Including This Change Order)
Revised ContractIW ork Order Amount:
,
,
Cumulative Dollar Value of Changes to this ContractIWork Order: $ 4.639.862.67
.- Date of Last BCC Approval November 18. 2003 Agenda Item # 16-B-6
( ~.3q
Percentage of the change over/under current contract amount .2.38" %
Formula: (Current Amount / Last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCe on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.C.4.
CURRENT COMPLETION DATE (S):ORIGINAL: October 14.2007 CURRENT: April 11. 2008
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Addition of MOT pay Items to compensate
for reauested chanaes In the realianment of the schedule and traffic flow patterns. Remoblllzation Items
due to a permit delay and a private utility conflict. new guardrail pricinQ resultina In a cost savinas. added
street Iie:ht and drainae:e work. added casine;s for utility road crossings . deleted Jack and bore road crossing:.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
The added MOT cost was reQuired in order to modify the proiect schedule and traffic flow pattern at
Collier Counties reauest. Remobilization charaes were due to a private utility conflict that took months to
resolve as well as chanQina construction from 4 Lanes to 6 lanes and also for a permit delay at Pond #1.
New pricing on the guardrail is a cost savings suaaested by the contractor and approved by Collier
County. 10 street IiQht bases had to be relocated due to conflicts with storm drain and the reauest from
traffic operations that all poles be located behind the sidewalk. Side drain removal and added drainaae
Items are due to plan errors or emissions but needed to be completed. Added casinos for water and force
mains under Wilson Blvd at utilities request as well as extra ARV'S requested bv utilities. Deleted the Jack and
Bore under Immokalee Rd. at Collier Blvd as this was completed bv a private developer. with Collier County
utilities approval
PARTIES CONTACTED REGARDING THE CHANGE: Lvnn Thorpe. Norman Feder. Bob Tipton. Wes
Tanner( APAC). Mark Beaverson. Harrv Huber. Pam libbY. Bill Gramer: John Vliet
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Revised 4/25/2005
Agenda Item No. 16E 1b \.p '"
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N1A~UIY 26, 200E
-L- Proposed change is consistent with the scope of the existing agreement age 39 of 43
-L- Proposed change is in fact an addition or deletion to the existing scope
~ Change is being implemented in a manner consistent with the existing agreement
-L- The appropriate parties have been consulted regarding the change
-L- Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated.
APPROVE BY:
Pr
REVIEWED BY:
Date: (,. - I ")-oS-
./ ... Date: ~. /7- ?r I lJ5
( f
Revised 4/25/2005
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Agenda Item 1..~E12
July 6 2005
Pag 4 of 43
CONTRACT MODIFICATION
CHECKLIST FORM
PROJECT NAME: Santa Barbara Force Main
BIDIRFP #: 03-3534
MOD #: 2
AMOUNT OF THIS CHANGE $ 128.000.00
PO #: 450001 6141 Work Order #:
PROJECT #: 73132
CONTRACT AMOUNT: ORIGINAL $ 6.126.324.00
(STARTING POINT)
Last BCC Approved Amount $ 6.479.573.99
(LAST TOTAL AMT. REQUIRING BCC APPROVAL)
::<-?9
CURRENT $ 6.~.643. 79
(INCLUDING HIS CH'ANGE ORDER)
Date of Last BCe Approval 9/23/2003
Agenda Item # 10 C
",) ( z. <(<1 '19'
60 (3.Ur.7'9"
Cumulative Dollar Value of Change Orders to this Contract/Work Order: $
~,'i 3
Percentage of the change over/under current contract amount ~ %
Formula: (Current Amount / Last BCe approved amount)-1
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.C.4.
r
CURRENT COMPLETION DATE (S):ORIGINAL: 4/26/2005
CURRENT: 2/13/2006
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Addition of a tremie concrete plua.
JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project? Wet
well could not be constructed until around water enterina excavation was stopped.
PARTIES CONTACTED REGARDING THE CHANGE: Lvn Wood: Bill Mullin: Marc Lean (Enaineer of Record
for Greelev and Hansen)
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
-.:L Proposed change is consistent with the scope of the existing agreement
-.:L Proposed change is in fact an addition or deletion to the existing scope
-L Change is being implemented in a manner consistent with the existing agreement
-.:L The appropriate parties have been consulted regarding the change
-L Proposed prices, fees and costs set forth in the change are reasonable
r
: This form is to be signed and dated.
REVIEWED BY:
Co a
Revised 12/23/04
Date: 6/8/2005
Date:
1P/~'7/br
I I
61'l14/2665 11:18
23'35'345293
NffiTH NAPLES REG PI<
Agenda Item ~~1 3/64
July'26~O
Page 41\ 3
,
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
PROJECT NAME: GOLDEN GATE CO"II. CENTER "ANNEXn
PROJECT'" 80163
BlDlRFP #: 02-3416 ,
IIOD #: 1M
POI: .t800002322 WORK ORDER t: MIA
DEPARTMENT: PARKS & RECREAnoN
Carn:Dt BCC Approved Amollld:
$ 2,311,117.00
(StartiDg PoiDt)
S 1,311,111.00
(Last Total AmoUJJt Appiuvcd by the see)
$ 2,391.011.42
(lncludiDs All ChaD,gl:s Prior To This Modif1~)
Oripul eo.traet Amout:
Cunet Cmdrad AIIIont:
CIIaJt,p Aulo..t:
500.80
RP.Ised Cwdrad/Work OnleJ' Alanat;
S %,391,ot7.42
(IncludiDg This Chaagc orcter)
c......tiYe Doliai' VaIae orCJulDaes'" this Co.....uwom Order: S 1,]J1,t.l 1.41
6( .lr ~
,q,9oo.cfL 1fb.llD
Da18 of Last BeG Approval: 9/24102 Agend8 Item tI: 10 K
PerGentllge of the change overIunder GUrNnt contract MJOunt 3.G" + .9~J. d>
Fonnula: (CUI1'8nt Amount I Last Bce approved .mount}-1 CU..w.~ ~
ResUlts and Actions: If the dlange exc;eeda 10% ace approval is required; under 10% reported to ace on
Purchasing report. For Bpeciflc information regarding work order thresholds. please refer to the Contract
Administration Procedures, Section 1II.C.4.
CURRENT COMPlETION DATE (S):ORJGINAL: II30ItM CURRENT: 8112105
SUMMARY OF PROPOSED CHANGE (8): Identify the cbanges: Chaoged AcouticaJ Wood Panels for Metal
Panels over exterior stage ceiling per Fire Officallate review.
JUSTIFICATION FOR CHANGE (8): What value or beneftt do these GtIarqJea provide to the project?
Better Ffte profectlon of slructtn.
PARnES CONTACTED REGARDING THE CHANGE: LODGe CONTR~N.
IMPLEMENTAnON STEPS (Verify each befoN proceeding with change using V. Nor NlA)
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
NlA Proposed prices. fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDATION: this tonn is to be signed and datBd.
APPROVE BY: ANTONIO RUBERTO
REWEWEDBY7~
Co 5
Date: June 28, 2005
Date: ?Iafu(
..
CONTRACTIWORK ORDER MODIFICA nON
CHECKLIST FORM
Agenda Item Nol~12
July ~, ~005
Page 42 of 43
f
PROJECT NAME: LivinGston Road flmmokalee Rd - County Line) PROJECT #: 65041...
BlD/RFP #: 04.-3655 MOD #:..L.PO#: 4.600031637 WORK ORDER #: !lIl6
DEPARTMENT: TM
Original Contract Amount:
$ 907.101.90.
(Starting Point)
Curreut BCC Approved Amount:
$ 935.341.25
(Last TotaJ Amount Approved by the BCC)
Current Contract Amount:
$ 1.014.649.81
(including All Chan&eS Prior To This Modification)
Change Amount:
$ +1.052.93
Revised ContractIWork Order Amount:
$ 1.015.702.74
(Including This Change Order)
Cumulative Dollar Value of Changa to this Contract/Work Order: $ 108.500.84
r
Date of Last BCC Approval December 1....2004. Agenda Item # 16B.16
Percentage of the change over/under current contract amount w%
Formula: (Current Amount I Last BCC approved amount)-1
Results and Adions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on
Purchasing report. For Specific information regarding work order thresholds, please refer to the Contrad
Administration Procedures, Section III.C.4.
CURRENT COMPLETION DATE (8): ORIGINAL: February 7. 2005 CURRENT: Julv 29. 200Q
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. AddinSf $1.052.93 (or the draia holes for
the trees.
JUSTIFICATION FOR CHANGE (S): What value or benefit do the.. chang.. prOVide to the
project?Oriainal detail called for drain rock at the base of the Dlantino because :' the size of
the tree. and thickness of the 'mDermeable hardDan It was decided to drill a "t'o~ ertical drain
and corruaated PVC Dioe with Geofal)rlc for filtration: which If a better detail slfa
conditions.
PARTIES CONTACTED REGARDING THE CHANGE: Bob Petersen. Diane Flaaa. Gloria Herrera. Scott
Windham and Dale Hannula _
IMPLEMENTATION STEPS (Verify each before proceedIng with change using Y, N or NJA)
- 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
REVIEWED BY:
ENDATION: This form Is to be signed and dated.
Date: ,e, -2S.-~.
Date: ~ -~-a.s
PROJECT MANA
r
, APPROVE BY:
\..
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item ~E12
July 26. 2005
Page 43 of 43
PROJECT NAME: Golden Gate Blvd. LandsC8D8 ImDrovement 11 mile} PROJECT #; 630413
BID/RFP #: 04-3649 MOD #:
DEPARTMENT: TM
1
PO#:4500041475 WORK ORDER #: N/A
Original Contract Amount:
S 366.987 .38
(Starting Point)
Current BCC Approved Amount:
S 366.987.38
(Last Total Amount Approved by the Bee)
Current Contract Amount:
$ 366.987.38
(Including All Changes Prior To This Modification)
Change Amount:
S -2.791.74
$ 364.195.64
(IncltJding This Change Order)
Cumulative Dollar Value of Changes to this ContractlWork Order: S -2.791.74
Revised CODtractlWork Order Amount:
Date of Last BCC Approval November 30. 2004 Agenda Item # 16B-6
Percentage of the change over/under current contract amount -0.76%
Formula: (Current Amount I last BCC approved amount)-1
Results and Actions: If the change exceeds 10% BCe approval is required; under 10% reported to BCC on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section IILC.4.
CURRENT COMPLETION DATE (S):ORIGINAL: June 20. 2005 CURRENT: Julv 27. 2005
SUMMARY OF PROPOSED CHANGE (8): Identify the chanaes. Deletlna $2.791.74 from the contract.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?
Delete the items In the contract not needed (-$44.085.76) and add relocatina of the Sabal
Palms. directional bore and spravina medians for weed control 1+$46.877.50). For a chanae to
delete $2.791.74 from contract.
PARTIES CONTACTED REGARDING THE CHANGE: Bob Petersen. Diane Flaaa. Gloria Herrera. Scott
Windham and Dale Hannula
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NJA)
_ 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
APPROVE BY:
Date:
REVIEWED B .
Date:
Revised 4/25/2005
EXECUTIVE SUMMARY
Agenda Item No. 16E13
July 26, 2005
Page 1 of 2
Recommendadon to approve contract #05-3850, "Collier County Government Center
Architectural/ Engineering Services", with Spillis Candela & Partners, Inc.
OBJECTIVE: To approve contract #05-3850, "Collier County Government Center Architectural I
Engineering Services", with Spillis Candela & Partners, Inc.
CONSIDERATION: On May 13, 2005, a request for proposals was issued. 166 inquires were
sent and 35 vendors requested packages. On June 10,2005, four proposals were received and
the selection committee met on June 22, 2005. The recommended short list is as follows:
Spillis Candela & Partners, Inc. (d/b/a Spillis Candela DMJM)
Schenkel Shultz, Inc.
Mbi / k2m Architecture
The scope of professional services could potentially include coordinating and updating a master
plan for the Collier County Govemment Center Campus and to provide design, permitting and
engineering services for potentially any work and or buildings at the Main Government Center
(i.e. full architectural services, utilities studies, space and furniture planning, space altemative
studies). The work may include, but not be limited to the following:
· Updates to the Government Center's master plan
· Full and or partial Architect / Engineer services in support of master plan capital projects
such as the new Board of County Commissioners building (bldg. 'N') and the Chiller
Plant Expansion as well as for minor projects around the campus such as revised
parking layouts, new security features for parking or buildings, road or utility
modifications, etc.
In order to provide the cooling capacity for the Courthouse Annex (authorized for design of
floors 5-7), the chiller plant in building 'K' needs to be expanded. Given the planned Courthouse
Annex construction schedule, design work for the chiller plant expansion needs to start as soon
as possible. Spillis Candela has provided a proposal for an initial study in order to make a
recommendation on the size of the expansion. The proposed amount is $84,500. Upon
approval of this contract, staff will conclude negotiations and issue a work order.
FISCAL IMPACT: This contract will be funded as each individual work order is approved
against various project budgets. In accordance with Purchasing Policy, work orders over
$90,000 will be presented to the Board for approval. The chiller plant expansion, in support of
the Courthouse Annex project, will be funded from the Courthouse Annex project budget.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners 1) approve a standard
Professional Services Agreement with Spillis Candela & Partners, Inc., and 2) authorize the
Chairman to execute the agreement.
,~,---...
Prepared by: Ron Hoven, P.E., Principal Project Manager, Facilities Management Department
Agenda Item No. 16E13
July 26, 2005
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16E13
Recommendation to approve contract #05.3650, 'Collier County Government Center
Architectural (Engineering Services~ with Spillis Candela & Partners, lnc
7/26/2005 9:00:00 AM
Meeting Date
Approved By
Lind. J;!ckson
Contracts Agent
Date
Administtlttive Servil;(m
Pl.Il"Ch;u.inU
1!1~1200S 11:18 AM
Approved By
St.e-ve- Carnell
PurchasMlgJGeneral SVcs Director
Datii!'
Admini5tnrtive Servicll''b
Purchas.ing
7.115/20059:05 AM
Approved By
Skip Camp, C,F.M.
F.acUiti(!~ ManUlJ1!tn4!l1t Dir-ector
Datu
Adminjstrdtiv~ Services:
Facilities Management
7;15/20051:01 PM
Approved By
Skip Camp, C.F,M.
Facilititt_~ Milf1agetn~n! Ointctor
DatC'
Admini$Ot1ative Servicf!$
Facilities Manugl~ettt
7/151.200& 1:01 PM
Approved By
OMS Coordinator
Administrative Assistant
Oat.
County Manager's Office
Office of Management & Budget
7118/20058:&2 AM
Approved By
Sus."1) Us.her
Senior ManagementJ8udget Analys.t
Date
County Manager's Office
Offic.e of Managmneht & Budget
7118120051:41 PM
Approved By
Michael Smyi(ows;ki
Man;lgenlf!"t & Budgnt Director
Date
County Manllger's Office
Office of Managem.nt & Budget
1/18/20051 :52 PM
Approv.d By
James V. Mudd
County Mormqe,
Datu
Board of County
Commissioners.
County Manager's ONicl'
7/18/20063:28 PM
EXECUTIVE SUMMARY
Agenda Item No. 16E14
July 26, 2005
Page 1 of 19
Recommendation to approve a $214,797.50 change to contract #03-3448, "Professional
Architectural and Design Services for Collier County Emergency Services Complex", with
Harvard Jolly to address scope changes with the design, project 52160.
OBJECTIVE: To approve a $214,797.50 change to contract #03-3448 with Harvard Jolly to modifY the
scope for re-design of the emergency services complex project
CONSIDERATION: On June 10,2003 the Board approved a $1,859,000 design contract with Harvard
Jolly for the design of the Emergency Services Complex, agenda item 16-E-8. Three change orders
totaling $21,750 have been approved administratively since the June 10, 2003 approval.
12/01/03 $13,397 - increased scope for the PUD amendment
4/22/04 ($1,747) - deduction to correct change order one for overhead and profit which is
not allowed per the contract.
3/04/05 $10,100 - additional work for the PUD amendment
Since the approval of the contract there have been several scope increases to the project. The changes
that occurred were the addition and later removal of Traffic Operations space, the addition of the design
of the retention pond , an increase in technology scope for all departments and revising the ground floor
layout for future expansions.
-,
FISCAL IMPACT: Funds for the additional design services are available in fund 390 general
government facility impact fee, project number 52160.
GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth
Management Plan and the Government Complex Projected Space Plan.
RECOMMENDATION: That the Board of County Commissioners 1) approve a design contract change
with Harvard Jolly in the amount of $214,797.50 and 2) authorize the County Manager or his delegate to
execute the contract change.
Prepared by: Peter S. Hayden, P.E., Senior Project Manager, Facilities Management Department
,--
Agenda Item No. 16E14
July 26, 2005
Page 2 of 19
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
r
Item Number
Item Summary
16E14
Recommendation to approve a $214,797_50 change to contract #O3':~448, "Professional
Architectural and Design Services for Collier County Emergency Services Complex., witn
Harvard Jolly to address scope changes w~h the design, project 52160
7126120D6 900.00 AM
Meeting Dill
Approved By
Linda J3ds.on
Coot~cts Agent
Date
Adminis.tralive. Service!>
Purchasing
7/1-4/200.5 3:23 PM
Approved By
Steve CameJl
PurchashlgJGeneral Svcs Director
Oll1e
Administrati\l@Services
Purchasing
7115(20061:24 AM
Approved By
Ron Hovel!
Principal Project ManAger
Date
Administrutive Survicen
Facilities Ma"agenHtrlt
7/16120057:32 AM
Approved By
Skip Camp, C.F,M.
Facilities Management Director
Dat~
Administrative Serv~1I!S
Facilities Management
1/15/2005 12:59 PM
Approved By
Skip Camp, C.F.M.
F acilitie-3i Management Director
Date
Administrative ServicQ.,
Facilibo'i Manugll'ment
1/15/200517:59 PM
Approved By
OMB Coordinator
Admin:i~trative Assistant
Dale
County Manager's. Office
Office of Management & Budg@t
1118/20058:5' AM
Approved By
Susan U$h~r
Senior Ma"agf!mp.nt}atldg~t Analyst
Date
County Manager's Office
Office of M.nll9eme.nt & Budget
7118/200$ 3:55 PM
Approved By
Michael Smykow5ki
Management & Budget Oimctor
Date
r
COUfl1y MiUl3!11!r'S Offi~!
orril~f! of M.nagement & Budget
71131~OO~ 4:55 PM
Approved By
James V. Mudd
County Manager
Oat.
Board of Coun1y
Commissioners
County M~lfJager's Office
7/19'2005 9:25 AM
(.
~
Date:
July 26, 2005
Page 3 of 19
Project Name: Professional Architectural and Design Services for Collier County Emergency Services Complex
July 14, 2005
E-Mailed To Bonnie:
BIDIRFP #:
03-3448
THIS ITEM WILL BE REPORTED TO THE BCC
AS AN AGENDA ITEM, PLEASE LOG ON THE
FINANCE LOG ONLY.
Project Number: 52160
Mod#:
4
PO#:
4500012091
Work Order Number:
NA
Contractor/Consultant:
Harvard Jolly Clees Top Architect, P.A.
Current BCC Approved Amount:
$ 1.859.000.00
(Starting Point)
$ 1.880 750.00
(Last Total Amount Approved by the BCe)
Original Contract Amount:
Current Contract Amount:
$ 1.880 750.00
(Including All Changes Prior To This Modification)
Change Amount:
$ 214.797.50
Revised ContractIWork Order Amount: S 2.095.547.50
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContractIW ork Order: S 236.54 7 .50
Percentage Of The Change OverlUndcr Current Contract Amount:
I 1.42%
%
Overview of change: To provide additional services as directed by the Owner. These additional services include changes to the
scope, added additiO~" pro ,'" _"'" on' on """'" " "" -; """'.
Contract Specialist: ~_~ Date: /} /ic.f/tr
Scanned Date: .
Data Entry Information:
Type of Change: Contract
Project Manager: Peter Hayden
Department: Facilities Management
Change Category Type, Circle One Below:
1. Planned or Elective
6Unf~reseen ~
3. Quantity Adjustments
4. Correction of Errors
5. Value Added
6. Schedule Adjustments
Scanned copies o/the back up documentation may be located on the Purchasing G drive:
G:ICurrent-Changes to Contracts
G:I Current - Changes to Work Orders
Revised 7/11/05
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E14
July 26, 2005
Page 4 of 19
PROJECT NAME: Emel'2encv Services Comolex PROJECT #: ~
BIDIRFP #: 03-3448 MOD #: ~
PO#: 4500012091
WORK ORDER #: N/A
DEPARTMENT: Facilities
Original Contract Amount:
S 1.859.000.00
(Starting Point)
Current BCC Approved Amount:
S 1.880.750.00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$1.880.750.00
(Including All Changes Prior To This Modification)
Change Amount:
S 214.797.50
Revised Contract/Work Order Amount:
$ 2.095.547.50
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contract/Work Order: $ 236.547.50
(-
Date of Last BCC Approval 6/1 O/2003Agenda Item # 16 E 8
Percentage of the change over/under current contract amount!.!:lli II. 12 '2. 1)-.
Formula: (Current Amount / Last BCC approved amount)-l
Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on Purchasing
report. For specific information regarding work order thresholds, please refer to the Contract Administration Procedures,
Section ill.CA.
CURRENT COMPLETION DATE (S):ORIGINAL:
CURRENT:
SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Owner requested chanl!es to the scooe. added
additional pr02rammin2 requirements. increased tbe technolO2V scooe.
JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The additional
services are due to owner input with an additional Pl"02ramminl! effort as reauested bv the different department
personnel.
PARTIES CONTACTED REGARDING THE CHANGE: Ron Hovell. Skip Camo. Linda Jackson
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
l Proposed change is consistent with the scope of the existing agreement
l Proposed change is in fact an addition or deletion to the existing scope
l Change is being implemented in a manner consistent with the existing agreement
l The appropriate parties have been consulted regarding the change
l Proposed prices, fees and costs set forth in the change are reasonable
APPROVE Y:
r REVIEWED BY:
TION: This form is to be signed and dated.
Date: 1/1 r /0 s:-
f / ~ /'
Date: 1 1<1. {jj
f
G:\Construction & Capital It.cms\52160 Emergency Services Complex\Contract Work Order Modification Change No. 4.doc
-
Agenda 1t~~~~6~
f19
RECEIVED \
f
..-5-
FACILITIES MGMT
HARVARD JOLLY
ArcIIKecture
Interior Design
Planning
Progrwnming
Landscape
Program Manag_t
BOARD OF DIRECTORS
R. Jam aee.. f4JA
Jethy E. Cobble, f4JA
WMI J. ___kl. f4JA
MIohMl K. Hlrt, f4JA
w.n B. ...-...nI. .It.. f4JA
~n M. ~.AJA
RClIlIId N.l.Ing, AlA
JlmlsA. _. AlA
~ E. Jolly. Emeriluo
May 2, 2005
Peter Hayden
Department of Facillttes Management
Collier County Government
General Services Building
3301 East Tamiaml Trail
Naples, FL 34112
Re: Collier County Emergency Services Complex-03058
Dear Mr. Hayden,
As discussed in previous correspondence, Harvard Jolly Inc. and our consultants have spent a
great deal of time and effort In design and drawing revisions to address scope increases to this
project. These changes have occurred as a resun of additional program requirements requested
by department personnel. This Included the addition and later removal of Traffic Operations
Department, Increased area taken by each department which was originally programmed as shell
space, the addition of coordination and design of the retention pond due to the overall project
schedule and that of the road widening project, an increase in technology scope for all
departments. additional security elements as a result of September 11, adding Clerk's MIS,
studying and revising ground floor layout for future expansion, adding trash chute and central
vacuum system at 911, adding a fulII.T. department and computer room, adding convenience
toilet facilities near the meeting rooms, Increasing size and scope of the press room, adding
technology and preparing studies to move training to the ground floor.
In preparing this work, we have estimated the amount of time each task Involved and Its effects
on the design of adjacent spaces. In addition to the time spent In meetings, re-deslgn, and
consultant coordination the following drawings were affected and required revisions: X1.1, AS3.1,
AS4.2, A1.1, A1.2, A1.3, A1.4, A5.1B, A5.2, A5.3, A5.4, A5.5, A7.1B, A7.2, A7.3,A7.4, NJ.1,
A8.2, A8.3, A8.4, A9.1, A12.2, A12.4, A12~5, A14.1, A16.1, A16.3, A18.1, A 18.2, and A19.1.
Separate accounting was not kept for this time. However, the tasks and time allocated to the
project have been carefully reviewed and estimated. The following is our most conservative.
estimate for the time allocated to completing these tasks and is based upon the rates agreed to in
our contract. Our consultanfs fees are billed as a direct pass cost without mark-up.
Additional ..rvlces associated with project scope Increase:
Harvard Jolly
Principal 60 hrs. @ $1501hr= $9,000.00
Project Mgrs. 783 hrs. @ $100/hr= $78,300.00
Interior Designers 25 hrs. @ $63/hr.= $1,575.00
CADD 253 hrs. @ $55/hr.= $13,915.00
Clerical 83 hrs. @S35/hr.= $2.905.00
Total: 1,204 hrs $105,695.00
2714 Dr ML KIng Jt St N
Sll'ellnbllrg, FL 33704
727~" Scharf & Assoc. $27,020.00
www.......rtI.IoII\'.com (See attachment)
MClll101"
.-
Agenda Item No. 16E14
July 26, 2005
Page 6 of 19
HARVARD JOLLY
Archltllcture
Interior Design
Planning
Programming
landscape
Program Management
BOARD OF DIRECTORS
R. John a-a, AlA
.I8Ihy E. Cobble. AlA
w.rdJ."-,A1A
IAlc:hul K H811. AlA
WIbm 8. Harvard. Jr.. AlA
_1A._,A1A
RGnI/d N. LMg, AJA
JameaA. __.A....
lIIc1Chard E. JaIv, Emer1tUa
-
2114 Dr ML King Jr 51 N
St. P8lonburg. FL 33704
727.a&4611
_.Hluv8rdJoIly.com
_111
J&C $16,130.00
(See attachment)
TKW $2,472.50
(See attachment)
TLC $63,480.00
(See attachment)
TOTAL $214,797.50
As a result of this work, our design team is requesting an adjustment to our Professional Services
Fee of $214,797.50. Harvard Jolly proceeded with the above additional work in good faith as to
not delay the project. We I~Jorward to your favorable consideration of this adjustment.
obble, AlA, CPTED, REFP
ce President
JOLLY, INC.
Agenda Item No. 16E14
July 26, 2005
Page 7 of 19
April 12, 2005
Mr. Jeffrey E. Cobble
Harvard Jolly
2714 Dr. M. L. King, Jr. St. N
Sf. Petersburg, Florida 33704
RE: Colller County Emergency Services Complex
Addftional ServIces
Dear Jeff:
As we have discussed, since the time of our Idck-off meeting (June 26 & 27, 20(3) for the final
design of the Collier County Emergency Services Complex. there have been numerous
modifications to the programmed design concept for the facility. These modifications were
requested by the various departmental personnel, and have impacted the efforts and time
of all design disciplines. Since my firm is serving in the capacity of programming/design
consultant for this Project, during the final design phases we have been heavily involved in
the design of all aspects of the Project and the revtsions and modifications referred to in this
letter. Although we did not a keep sepaate accounting for each of the Itemized additional
services, we certify that the estimated hours indicated are an accurate indicatiOn of actual
hours expended in meetings, review of departmental requirements, preparation of sketches,
design input. to the construction documents due to the various changes and review of
Construction documents.
The following is a list of the major modifications and the hours and fees attributable to each
item:
1. Addition of Traffic Operations Department
Prindpal-24 $150 $3,600
Project Architect-8 $80 $ 640
2. Modified Traffic Operations ReqUirements
Prfncipal - 4 $150 $ 600
Project Architect.... $80 $320
3. Removed Traffic Operations
Principal -4 $150 $ 600
4. Increased Sq. Ft. Area of Departments
Principal-32 $150 $4,800
Project Architect-16 $80 $1,280
5. Retention Pond .
No impact $0
6. Technology Scope Increase
Principal-12 $150 $1,800
220Sl101letter Jeff CobbeI01.doc
Agenda Item No. 16E14
July 26, 2005
Page 8 of 19
April 12, 2005
Mr. Jeffrey E. Cobble
Page 2
7.
Added Security Elements
Principal -8
$150
$1.200
8.
Added cleric's MIS space
Principal-2
$150
$ 300
9. Flipped Ground Roor Plan to enable future office expansion
Principal -8 $150 $1,200
Project Architect-4 $ 80 $ 320
10.
Added gabage chute & Central Vac to 9-1-1
Principal -8 $150
Project Architect-8 $ 80
$1,200
$ 640
11. Added LT. offices and enlarged computer room
Principal -8 $150 $1,200
Project Architect-8 $ 80 $ 640
12. Added restrooms adjacent to training rooms
Principal -6 $150 $ 900
Project Architect-8 $ 80 $ 640
13. Added toilet to press room
PrincIpal -4
$150
$600
14. Revised Press Room/lncreased4th Roar Area
Principal - 16 $150 $2,400
Project Architect-8 $ 80 $ 640
15. Training Room Technology Requirements
Prfncipal-2. $150 $ 300
16. Training Room Relocation studies (ground floor)
Principal -8 $150 $ 1200
Total $27,020
(
2205l101Letter Jeff CobbeIOl.doc
Agenda Item No. 16E14
July 26, 2005
Page 9 of 19
April 12. 2005
Mr. Jeffrey E. Cobble
Page 3
Each of the itemized modifications did not only impact that specific design element. but also
had a concurrent effect on adjacent spaces and required modifications to be made to
those surrounding operations. The hOUrly rate indicated is in accordance with your
Agreement with Collier County. If you have any questions or comments. please call me.
Very truly yours,
Scharf & Associates, Incorporated
Marvin Scharf, AlA
President
220511 Metter Jeff CobbeI01.doc
L: JENKIN. S &
CHARLAND
. INCORPORA'TB)
Consulting EnglMera
......
Agenda Item No. 16E14
July 26, 2005
Page 10 of 19
Structural - Civil
April 20, 2005
Mr. J. Blayne Rose
Harvard Jolly
2070 McGregor Blvd., Suite 3
Ft. Myers, FL 33901
RE: Collier County EOC
Design Changes
Dear Blayne,
. Per your request J&C has reviewed the original design tasks and any changes made and have the
followlngcomnients to offer. At the time of the changes, we were not directed to keep separate
hourly breakdowns of time spent At this point, It would be impossible to correlate specific hours for
changes only Vs. design time spent under the orlglnallump sum contract We have analyzed the
design changes and have itemized our estimated time spent on these tasks, see Attachment #1. It
totals. $16,130. We feel this Is a fair and accurate representation of additional structural design,
analysis, detailing and CAD drafting time necessary to pertonn these tasks.
If you have any additional questions, please feel free to contact me at your convenience.
Very truly yours,
Jenkins & Chariand Inc.
. Derek A. Wassink. P.E.
President & C.E.O.
DW/mag
Enclosure: Attachment #1 - Design Changes Hourty Breakdown
J:\Projeda....rojec:ls-2003\03FTL019 - Collier Co Emer Op Clr\CorreIpondence\l..lr HJ 04-20-05.cIoc
3590 N.W. 56111 Street, Fort Lauderdale FL 33309
(954) 484-7777 Fax (954) 484-7834
Fort Myers FL Fort Pierce FL
Tampa FL Sarasota FL
Fort Lauderdale FL Nashvle TN
Agenda Item No. 16E14
July 26, 2005
Page 11 of 19
Collier County EOC
Design Changes - Hourly Breakdown
Jenkins & Charland, 100.
SflliftFlJiFtli
Increased the sq. ft. area of virtually every department
Redesign and CAD drafting of floors, beams, columns, foundations and lateral analysis
Rate Hours Subtotal
Senior Princlpal- Registered engineer $150.00 10 $1,500.00
Pl'OjectEnglneer $100.00 32 $3,200.00
CaddDesigner $55.00 48 $2,840.00 $7,340.00
Added detached service yard
Design and CAD drafting
Senior Princlpal- ReglateredEnglneer
Pfoject Engineer
Cadd DesIgner
Rate
$150.00
$100.00
$55.00
Hours
2
12
16
Subtotal
$300.00
$1,200.00
$880.00
$2,380.00
Flipped ground floor plan to allow for future expansion at the ground floor
to occur on the south side of the buDding.
Redesign and CAD drafting
Senior Principal - Reglsler8d engineer
Project Engineer
Cadd DesIgner
Rate
$150.00
$100.00
$55.00
Hours
1
2
8
SUbtotal.
$150.00
$200.00
$440.00 .
$790.00
Added I.T. offices and enlarged computer room.
Redesign and CAD drafting of floors, beams, columns, foundations and lateral analysis
Rate Hours SUbtotal
Senior Prlnc:lpal- Registered Engineer $150.00 4 $600.00
Pl'OjectEnglneer $100.00 16 $1,600.00
Cadd Designer $55.008 $440.00 $2,840.00
Revised press room frama 2-story, to a 1-story space due to increase in 4th floor space requirements.
Redesign and CAD drafting of floors, beams, columns, foundations .
Rate Hours Subtotal
$150.00 6 $900.00
$100.00 12 $1,200.00
$55.00 16 $880.00
Senior Principal- Regl8tered Engineer
Project Engineer
Cadd DesIgner
$2,980.00
TOTAL
$16,130.00
Rpr 14 2005 3:21PM TKIaI CONSULTING ENG 239-27B-09~endaltemNo. ~14
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ADDmolw.SERVIC.~
PROJECT NAaoE: COmer Caunty En1ergency ServIoM CompleX
0WtmC CeU"r COU~ GovemlMllt
TLC PAW&Cr NO. 403064
. DATR: AprIl 28, 2GDS
CUEHTJARCHITI!CT: KIlrvan:t Jolly ArchItBct1t
The belGW desatbsd chlln;e In the JIcopII of profesaloM .... upon Whklh.TJden Lobnhz Cooper, Inc. (TLc-.) fees
W8I'e baed In 1M agreement r~ between Harvercf "'oily &nd TI.C Ie ~ Incrxporal8Cl 11'IIo that
agreement.
~
Tub .... .. 0Ll1IMd In the lWO (2) --=tted ~,...,...r. for mechllnlallVeIectifclIl/plumblnglftl'$ ~ and for
cormunlallUans & technology.
Au1horIzatlon by HaMud Jolly for theM CINlIe-In ... AgIMnent 00I'III1IIIIIM. <lGIlllllllrnernt by Herven:f JaIy to pay
TLC'. fee end I'8plWlN1t8thet alJIhOItZIdIOn has been NC8IWd by H8MIrd Jolly rram ita cllentfownw.
Fee for 1h1s scope ch;mg.1Ir ..I~ on th. aIt8ch.t tIp~ eet.a.d w:cournlng of hcxn tor lI8Gh of these
separate ta-.s wa. not done at the time the work WN being compItdlId. The rnclicld8d houra are eItitnBtIIs for time
reqWed on IhelIe tIIeb. baed 01"1 aduaI hot.n ap.nt by 0Jl Riff on Iho praJed dulfnG'" vamu. cIMJgn phaes.
Please 8I'IIrm or dWIY authortzldkJn for this scope cIwIge by .anI"" belOW and Ntumlng Ie 'TLC.
Yours truly,
:I.!~ 0 6
~
BnIII MdCIneIr)'. P.E.
OMsfon D1l'8c1Dr
Attachrnenls: MechlElecJPlumblncllFP add aervIcef; fee breIlkdown.
C & T add servfce8 fee bNakdtMn.
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HARvARD Jou.y
By:
Prllit NamtI end TIlle
Date
TLC ..I!NGIN.."'".. I'OR ARCHlTECTUIt.'.
1400 CD10nl.1 BouleV.rd . Suit. 203 . "ort M"ra. FL S3Cl07-fOee
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CHANGE ORDER
CHANGE ORDER NO.4
RFP #03-3448
TO: Jeffrey E. Cobble, AIA, Executive Vice President
Harvard Jolly Clees Toppe Architects, P.A., AIA
2714 DR ML King Jr St N
St. Petersburg, FL 33704
DATE: July 14, 2005
FROJECT NAME: Collier County Emergency Service Center
Under our AGREEMENT dated 6/10/2003
Agenda Item No. 16E14
July 26, 2005
Page 18 of 19 1
PROJECT NO.: 52160
Agenda Item No. 16E14
July 26, 2005
Page 19 of 19 2
CHANGE ORDER NO.4
PAGE 2
You hereby are authorized and directed to make the following change(s) in accordance with terms and
conditions of the Agreement:
Addition and later removal of Traffic Qoerations SDsce. the addition of the design of the retention DOnd . an increase in
tecbnolollV scooe for all deoartments and revisinsz the 2l'Ound floor layout for future exoansions.
For the increased sum of
$ 214,797.50
Sum of Previous Changes:
$ 1,859,000.00
$ 21,750.00
$ 214,797.50
Original Agreement Amount
This Change Order (Increase)
Present Agreement Amount
$ 2,095,547.50
The time for completion shall be (increased / decreased) by N/A calendar days due to this Change Order.
Accordingly, the Contract Time is now 720 calendar days. The substantial completion date is N/ A and the
final completion date is N/A. Your acceptance of this Change Order shall constitute a modification to our
Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement
indicated above, as fully as if the same were repeated in this acceptance. The adjustment if any, to the
Agreement shall constitute a full and final settlement of any and all claims arising out of or related to the change
set forth herein, including claims for impact and delay costs.
Accepted:
2005
OWNER: Board of County Commissioners of
Collier County Florida
ARCillTECTS:
Harvard Jolly Clees Toppe Architects, P.A. AlA
BY:
Skip Camp
Director, Department of Facilities
Management
_.
EXECUTIVESU~ARY
Agenda Item No. 16E15
July 26,2005
Page 1 of 12
Recommendation to approve a 558,875 change to contract #02-3422, "Professional
Architectural Services for New County Fleet Facility", with Disney & Associates, P.A. to
modify the scope to initiate the potential design of a CoWer Area Transit Facility, projects
52009 and 35010.
OBJECTIVE: To approve a $58,875 change to contract #02-3422 with Disney & Associates,
P.A (Disney) to modify the scope to initiate the potential design of a Collier Area Transit Facility
on the same site and potentially adjacent property.
CONSIDERATION: The $500,000 contract with Disney to design a new Board of County
Commissioners Fleet Facility and a new Sheriffs Fleet Facility, project 52009, was approved by
the Board on February 25, 2003, agenda item 16.E.2.
A number of changes were approved by staff, one of which included developing a conceptual
site plan for the property to include a Collier Area Transit (CAT) and Transportation
Disadvantaged (TD) Operations Facility. This option was not pursued at the time.
The Board approved a $154,750 design contract amendment on March 9, 2004, agenda item
16.E.8, increasing the project scope to include additional build-out of the site master plan that
had been prepared by Disney during 2002. This brought the total design contract amount to
$683,650.
-
.-
Staff has continued to investigate possible sites for the CAT I TD Operations Facility. The Fleet
Management Department provides maintenance services for these vehicles and both fuel and a
wash rack are important aspects of the operations. Given the lack of available property in the
vicinity of either the CAT transfer site (currently the Lorenzo Walker Institute) or County Barn, it
has been recommended that the properties adjacent to County Barn be investigated for
purchase. The Real Estate Services Section of the Facilities Management Department has
initiated discussions with the owners of the adjacent properties to the north and south of County
Barn in an attempt to pUrchase these parcels.
A proposal was requested from and submitted by Disney to investigate the feasibility of
modifying the site plan to include the CAT function. The proposal amount is $58,875.
The Fleet Facility project is planned for three major construction phases. The first phase
includes replacing the communication tower with guide wires to a monopole tower and this
phase is expected to be complete by the end of September 2005. The second phase includes
constructing the County Fleet Facility and associated parking. The third phase originally
included constructing a Sheriffs Fleet Facility on the western end of the property closest to
County Barn Road.
The total approved Fleet Facility project budget is $10,170,000 and the current design contract
amount is $683,650. This change will bring the total to $748,725.
FISCAL IMPACT: The funds for this contract amendment are available from the CAT
Operations Facility project budget.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management plan.
-
,-...
",-.
Agenda Item No. 16E15
July 26, 2005
RECOMMENDATION: That the Board of County Commissioners 1) approve a design ~ttof 12
change with Disney & Associates. P.A. in the amount of $58,875 and 2) authorize the County
Manager or his delegate to execute the change.
Prepared by: Ron Hovell, P.E., Principal Project Manager, Facilities Management Department
Agenda Item No. 16E15
July 25, 2005
Page 3 of 12
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Dlt.
,6E15
Recommendation lo approve a $56,875 change to contract #02-3422, "Professionsl
Architectural Services for New County Fleet Facility'. with Disney & Associates, P,A. to
modify the s.cope to initiate the potential design of a Collier Area Transit Facility, projects
52009 and 35010
7/26/20059:00:00 AM
Item Number
Item summary
Appro.ed By
Ron Hovell
Principal Project Manager
Date
Administrative Services.
F ncilitie$ Munag"rnent
7/1412005 3.:17 PM
Approved By
Linda Jackson
Contracts. Agent
Oat.
Administrative Services
Purchasing
7/1...1200$ 3:22 PN
Approved By
Stt~v~~ Camell
PurchasilllllGeneral Svcs Dbr.dor
t);ne
Adminis.tra1ive Services
Purch.sing
7/15120057'18 AM
Approved By
Sharon Newman
Accounting Supervisor
Oat.
Traosportotiou SefVtctlS
Tramsportatwn Admin.stration
7/15/200510:3.5 AM
Approved By
Pamela J. LuBeh
Project Manager
Date
Transoportation Servic4!s
Att(lmativlt TT2Insportation Modw
7/15/2005,,27 PM
Approved By
Skip Camp, C.F .M.
Fucilitill$t Manugement Oiructor
Date
Admjnis1ralin 5il1rvlces
FaciHticrs Managll'mer1t
1/16/20052:02 PM
Approved By
Skip Camp, C.F.M.
Facilities. Management Director
Oat.
Administrative Services.
facJlities Management
7115/20052:02 PM
Appro.ed By
OMS Coonfinator
Adlnluistrative Au,i&;.tant
Date
county Manager's. Office
Office of Management & Budget
7/18r200S &:55 AM
Approved By
Michael Smykows.ki
Management & Sudget Director
Oat.
County M3n;~ler'Q Office
Oftice of Managertlllnt & Budget
7/18120059:.14 AM
Appro.'" By
James V. Mudd
County Manager
Date
Board of County
Commls!lionlPn
County Munager'R Office
7/18/20053:52 PM
,.------
...-.--.....-..-.-.........-......----......-----....---..., ~- H' ._. .. . ._ .......... .. ...._.H.........
Date: July 13, 2005
E-Mailed To Bonnie:
- ---Agendaltem-No;-16E15 _.~
July 26, 2005
Page 4 of 12
Project Name: Professional Architectural Services for New County Fleet Facility
Project Number: 52009/35010
THIS ITEM WILL BE REPORTED TO mE
BCC AS AN AGENDA ITEM- PLEASE LOG
FOR FINANCE ONLY.
BID/RFP #: 02-3422
Mod #: 7
PO#: 4500016851
Work Order Number: NA
Contractor/Consultant: Disney and Associates, P.A.
Original Contract Amount: $ 500.000.00
(Starting Point)
Current BCC Approved Amount:
$ 68J.~50.00
(Last Total Amount Approved by the Bce)
Current Contract Amount:
$ 689.850.00
(Including All Changes Prior To This Modification)
Change Amount:
$ 58.875.00
Revised ContractlWork Order Amount: $ 748.725.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this Contrac1lWork Order: $ 248.725.00
Percentage OiThe Change OverlUnder Current Contract Amount:
9.52%
%
Overview of change: To provide for additional services to the project. The original contract was for designingthc County Fleet
Facility which would include Fleet ManagementDepartment and the Sheriff's Office Fleet Management Department in an
approximate ten (10) acre area. Since that time, it has been decided to purchase a five (5) acre parcel adjacent to the property to
~"::W' ... ""~ ~:;;:~ ;"'......... mcl"di"..~.... ("'~"
contract. s,..~ . .. .__~ _~
Scanned Date; . ..,
Data EnIJy Information:
Type of Change: Contract
Project Manager: Ron Hovell
Department: Facilities Management
Change Category Type, Circle One Below:
,--1 Plan~ or EI~ve
"-2. Unforeseen Conditions ~
3. Quantity Adjustments
4. Correction of Errors
S. Value Added
6. Schedule Adjustments
Revised 7/11/05
CONTRACTIWORK ORDER MODIFICATION
CHECKLIST FORM
Agenda Item No. 16E15
July 26, 2005
Page5of12
PROJECT NAME: Fleet FacilItY PROJECT #: 62009/36010
BIDIRFP #: 02-3422 MOD #:
7
DEPARTMENT: Facilities ManaGement
PO#: 4600016861 WORK ORDER#: nla
Original Contract Amount:
Current BCC Approved Amount:
Current Contract Amount:
Change Amount:
Revised ContractJWork Order Amount:
S600.ooo.00 (Starting Point)
$683.660.00 (Last Total Amount Approved by the BCC)
S689.860.00 (Including AD Changes Prior To This Modification)
S68.876.00
'748.726.00 (Including ThIs Challle Order)
Cumulative Dollar Value of Changes to this ContractlWork Order: '248.726.00
Percentage of the change over/under current contract amount: 9.62~
Formula: (Cooent Amount I Last Bee approved amot.l'lt)-1
Results and Actions: If the change exceeds 10% Bee approval Is required; under 10% reported to acc on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.CA.
Date of Last BCC Approval March 9. 2004
Agenda Item # 16.E.8
CURRENT COMPLETION DATE (S):ORIGINAl: 5/5105
CURRENT: 5/15/07 per 6/3/05 letter
SUMMARY OF PROPOSED ~HAN: (~~d~n:~ the chanGes, The oriainal contract called for desianina the
proiect in two maior ohases: e Co~___~_i1_ and the Sheriff Fleet FacilItY. Now that it has been decided
to ~urchase the I;nd adlacent to County Bam and to include the Collier Area Transit (CAn 9D8rations. the oroiect
needs to be re-desianed for site civil engineering details. etc.
JUSTlFICA nON FOR CHANGE (S): What value or benefit do these changes provide to the project? The
additional fees are needed to desian a fundable and permittable oroiect.
PARTIES CONTACTED REGARDING THE CHANGE: County Manaaer. Purchasing: Linda Jackson,
Facilities: Skio Camp. Chuck CarrinQton Peter Hayden. Fleet: Dan Croft. CAT: Dianne Flaaa. Liz Suchsland
IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A)
.:L Proposed change is consistent with the scope of the existing agreement
...::L Proposed change is in fact an addition or deletion to the existing scope
...::L Change is being implemented in a manner consistent with the existing agreement
...::L The appropriate parties have been consulted regarding the change
...::L Proposed prices, fees and costs set forth in the change are reasonable
PROJECT MANAGER RECOMMENDA nON: This form Is to be signed and dated.
t2I3
APPROVE BY:
Proje
REVIEWED BY:
Co
Revised 4/25/2005
Date:
1 /iff,~.
Date:
CHANGE ORDER
CHANGE ORDER NO. 7
TO: Dalas Disney
Disney & Associates, P.A.
125 Airport Road North, Suite 200
Naples, Florida 34104
DATE: July 12, 2005
PROJECT NAME: Collier County Fleet Facility
PROJECT NO_: ~ 5dfOCf (5$IO?)
Under our AGREEMENT dated February 25, 2003
Agenda Item No. 16E15
July 26, 2005
Page 6 of 12
RFP #02-3422 2/25/03
16-E-2
Agenda Item No. 16E15
July 26, 2005
Page 7 of 12
CHANGE ORDER NO. #7
PAGE 2
You hereby are authorized and directed to make the following change(s) in accordance with terms
and conditions of the Agreement:
Provide additional services to investigate the the addition ofa +/- ten (10) acre parcel and a +/-
five (5) acre parcel to the current +/- ten (10) acre Fleet Facility project.
Sum of Previous Changes:
$ 58,875.00
$ 500,000.00
$ 189,850.00
$ 58,875.00
$ 748,725.00
For the additive sum of:
Original Agreement Amount
This Change Order (Add)
Present Agreement Amount
The time for completion shall be (increased) by forty-two (42) calendar days due to this Change
Order~ Accordingly, the Contract Time is now N/A L ) calendar days. The substantial completion
date is N/ A and the final completion date is N/ A. 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 our Agreement indicated above, as fully as if the same were repeated in
this acceptance. The adjustment if any, to the Agreement shall constitute a full and final settlement
of any and all claims arising out of or related to the change set forth herein, including claims for
impact and delay costs.
Accepted:
, 2005
Cllf;;;~
OWNER:
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
BY:
Ron Hovell, Principal Construction
Manager
Department of Facilities Management
BY: Dalas D. Disnev. President
Disney & Associates, P .A.
---
Agenda Item No. 16E15
July 26, 2005
Page 8 of 12
Disney & Associates, RA.
Architecture and Planning
125 Airport Road North Suite 200
Naples, Florida 34104-3500
Phone 239-261-3399 Fax 239-261-9414
Email d.disney@earthlink.net
AA 0002502
July 12.2005
Collier County Facilities Management
3301 East Tamiami Trail. Bldg. W
Naples, Florida 34112
Attn: Mr. Ron Hovell. Construction Manager
Re: Professional Service Proposal for RFP #02-3422. New County Fleet Facility
Change Order No. 7
Dear Mr. Hovell:
Pursuant to our meeting of July 11. 2005 and your email dated July 11. 2005. Disney &
Associates, P A has been directed to provide additional services for the subject project.
Collier County wishes to investigate the addition of a +/- ten (10) acre parcel and a +/- five (5)
acre parcel to the current +/- ten (10) acre Fleet Facility project. Accordingly. we hereby submit
the following proposal for Professional Planning. Civil Engineering. Land Surveying and
Ecological Services associated with the potential impacts/ramifications of incorporating the
additional property into the project.
Accordingly. we hereby submit the following proposal for Architectural Planning. Professional
Planning, Civil Engineering. and Land Surveying Services associated with the potential
impacts/ramifications of adding one (1) or both of the study parcels to the project, phasing
revisions or deleting a portion of the current project.
Outlined below is a summary of the changes to the project's development concept, anticipated
scope of services and associated professional service fees.
PROJECT PROFILE
· The Collier County Board of County Commissioners (Client) currently intends to develop a
public facility on :t1O.0 acres (Project). The Project is generally located at the east side of
County Barn Road approximately 0.5 miles to the south of Davis Boulevard (S.R. No. 84)
in Section 34. Township 49 South. Range 26 East, Collier County. Florida.
· The project is currently under review with Collier County Community Development and
Environmental Services for a Site Development Plan (SDP) and with the South Florida
Water Management District for Environmental Resource Pennit (ERP). The current plan
consists of Collier County Fleet Facility and the Collier County Sheriff's Department.
· The Client desires to retain the services of Disney & Associates, P A (Consultant) and
proceed with the Project as described within this proposal.
Agenda Item No. 16E15
July 26,2005
Page 9 of 12
PROJECT ASSUMPTIONS
Note: All Project Assumptions from the original approved contract are considered to be valid
and true unless specifically stated otherwise below.
. The Environmental Resource Permit Application (ERP) and the Site Development Plan
(SOP) currently under review. will receive agency approval prior to incorporating any
changes to the site.
. The Consultant will retain the services of an ecology sub-consultant to perform an
Environmental Feasibility Study for the additional properties.
. This proposal includes performing all services described within on a one-time basis unless
otherwise noted.
SCOPE OF SERVICES
DeveloDment Potential Analvsis
,..a.-.
. Review information provided by the Client and/or collect available information from
public records about the existing property, surrounding area, and adjacent parcels as
applicable to the proposed Project;
. Consultant will prepare a written narrative describing planning issues related to the site
based on existing information collected during the development potential analysis
process. Generally this effort will include a review of the documents collected, the
status of the permit applications, preparation of a list of identified potential issues,
proposed resolutions to the issues, and the anticipated time schedule for the issuance of
significant permits;
. Determine the availability and appropriate locations of ingress and egress for the
proposed project;
. Identify governmental authorities having jurisdiction to approve the development orders
for the Project and participate in consultations with such authorities;
. Define current zoning entitlements as well as options for potential zoning entitlements
related to highest and best use of property;
. Review Concurrency impact on ability to develop the property;
. Attendance at meetings with Collier . County Community Development and:Environmental Services staff.
Conceptual Site Planninfi! Assistance
. Prepare two (2) Conceptual Site Plans, utilizing design direction from the Client. The
plan will consider environmental constraints, stormwater management, and
development standards of the Collier County Land Development Code;
. The conceptual site planning efforts are dependent on the vegetation mapping and
delineation of potential jurisdictional wetlands as prepared by the Ecologist.
Agenda Item No. 16E15
July 26, 2005
Page10of12
Environmental Feasibility Study (passarella and Associates, Inc)
· Assess mitigation cost based on Unified Mitigation Assessment Methodology (UMAM)
on no more that two alternative site plans.
· Attend one meeting with Corpomtion regarding environmental issues and site plan
design.
· Attend one pre-application meeting with South Florida Water Management District and
prepare memorandum regarding environmental meeting results,
· Prepare letter report outlining results of environmental feasibility study.
· General consultation regarding feasibility study.
Environmental Resource Permittim! Analysis
· Engineering consultant will review information provided by client and Ecologist and
will identify all permits or permit modifications that will be required, anticipated
development requirements/constraints, and anticipated timeframe for the design and
permitting process.
Site Develomnent Permittimr Analysis
· Engineering consultant will review information provided by client and will identify
impacts to the current site development plan and anticipated timeframe for the design
modifications to the current site development plan.
Report Preparation and Client Consultation
· Consultant, collectively with the consulting team, will provide an overall statement
summarizing the aforementioned topics as they impact the intended project. The Report
will highlight significant development challenges discovered during the preliminary
development analysis.
· Consulting team will attend up to four (4) meetings with Client to discuss the findings
of the analysis.
Reimbursables
Expenses for blueprints, reproduction services, overnight or express delivery services and long
distance telephone calls shall be reimbursable.
ANTICIPATED SCHEDULE
We anticipate that it will take approximately six (6) weeks from the receipt of this approved
change order to complete the above described tasks.
Agenda Item No. 16E15
July 26, 2005
Page 11 of 12
PROFESSIONAL SERVICE FEES
The professional service fees for the associated scope of services are listed below.
Scope of Services Fee Fee Tvoe
Development Potential Analysis
Conceptual Site Planning Assistance
Environmental Feasibility Study
Environmental Resource Permitting Analysis
Site Development Permitting Analysis
Report Preparation and Client Consultation
Reimbursables
$15,500
$14,125
$6,750
$5,750
$5,250
$7,600
$3,900
Fixed
Fixed
Fixed
Fixed
Fixed
Fixed
Fixed
Subtotal
$58,875
EXCLUDED SERVICES
The professional services to be provided by the Consultant are limited to those described in the
Scope' of Services. All other services are specifically excluded. Listed below are excluded
services that may be required or desired by the Client:
. Structural Engineering Services
. Landscape Architectural Services
. Hardscape Areas Design and Plans
. Special Purpose Surveys
. Conservation Easement Descriptions and
Sketches
. Existing Easement Vacations
. Site Lighting Design and Plans
. Water Use Permit Application and Support
. Dewatering Permit Application and Support
. Resident Engineer Representative Services
. Construction Stakeout
. Construction Management Services
. Bidding Phase Services
. Design Phase Services
. Site Development Plan Pennitting Services
. Environmental Resource Pennitting Services
,
Agenda Item No. 16E15
July 26, 2005
Page 12of12
ACCEPTANCE AND AUTHORIZATION TO PROCEED
Period for Acceptance
This Proposal/Agreement is open for acceptance by Client through July 28,2005. After the acceptance
date the proposal may be withdrawn or subject to modification by Disney & Associates, P A.
Thank you for the opportunity to submit this professional service proposal. Please phone if you have
any questions. We will look forward to hearing back from you soon.
Sincerely,
J/JJJ{) ~
DaIas D. Disney, AlA \
Cc: Project File
Agenda Item No. 16E16
July 26, 2005
Page 1 of 4
.,,-
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment to Fund 518, Workers'
Compensation Insurance, in the amount of $535,000 to fund claims and reinsurance
expenses through the end of Fiscal Year 2005.
OBJECTIVE: To receive approval of a budget amendment in the amount of $535,000 to
fund the payment of Workers' Compensation expenses through the end of Fiscal Year 2005.
CONSIDERATIONS: The Board of Commissioners finances its Workers' Compensation
insurance program through a self funded financing arrangement pursuant to the
requirements of Florida Statutes Chapter 440. A review of expected claims and expenses to
be paid for the remainder of the fiscal year indicates that a budget amendment is needed to
assure that these statutory payments can be made in a timely manner.
.r-
During the fiscal year, the program incurred several charges that were unexpected at the
inception of the year. As a result of the transition from the Moore Financial system to the
SAP system, an audit premium was owed the excess carrier due to an under-reporting of
payroll from the Moore Financial system in Fiscal years 2002 and 2003. The carrier audited
payroll for these fiscal years and required that additional premiums be paid in the amount of
$182,000. In addition, Workers' Compensation reinsurance rates increased at the October 1,
2004 renewal due to a hardening market which resulted in increased reinsurance costs of
$67,000 above the anticipated budget. The additional budget amendment requested to
cover these reinsurance expenditures is $200,000.
Normal claims volume has been within budget, however, there are three potential
settlements that may occur before the end of the fiscal year which, if settled, would require
$335,000 in additional claims costs to close these files. It is expected that reinsurance
recoveries from these claims, if settled, will total approximately $200,000 in revenue to the
Workers' Compensation Fund.
Therefore, staff is recommending a budget amendment in the amount of $535,000 to cover
these additional reinsurance costs and to fund potential claims through the end of fiscal year
2005.
FISCAL IMPACT: A budget amendment of $535,000 is recommended to cover higher than
anticipated reinsurance and potential claims costs. Reinsurance recoveries from these
claims settlements are expected to be $200,000. The remainder will come from Fund 518
reserves which are budgeted for this purpose.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this agenda item.
RECOMMENDATION: It is recommended that the Board approve a budget amendment to
cover claims and other operating expenses through the end of fiscal year 2005.
.~
Prepared by: Jeffrey A. Walker, CPCU, ARM, Director, Risk Management
Agenda Item No 16E16
July 26, 2005
Page 2 of 4
COLLIER COUNTY
BOARO OF COUNTY COMMISSIONERS
Me.tlng Date
'6E16
Recommendation to approve a budgel amendment in the amount of $&35,000 to fund the
payment of Workers' Compensation and reinsurance expenses through the end 01 Fiecal
Year 2005
7126120059:00.00 AM
ttem Number
Item Summary
Approved By
Jeffrey A. Walker, CPCU, ARM Ris.k Management Director
Da'o
Adminis.traUve Services Risk Management
7/141200511 :29 AM
Approved By
Skip Camp, C,F .M.
FacOiti",s Man41gemcnt DirectClf
Dine
Adminis.lrative Services
Facilities. Management
711412005 2:05 PM
Appro.ed By
OMS Coordinator
Administrative Assl1rtant
Dat.
County Mnll~lu-r'5 Office
Oflic.c of M.nagerneot ... Budget
7113120069:03 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office 01 Management & Budget
7i18(2005 9:1() AM
Appro.ed By
J~me.s V. Mudd
County Manager
Oaw
Bootrd of County
Comnljssion~r$
County Milnllger'5 Qffic,"
7/18/200510:21 AM
BUDGET AMENDMENT REQUEST
For Budget/Finance Us Only
BA#...................... .."....
JE#............................... ..
BAR#........."......... .........
A.P.R. Date............. .........
Agenda Item No. 16E16
July 26, 2005
Page 3 of 4
Fund Number 518-121630
Fund Description: Workers' Compensation Fund
Date Prepared: 7/14/05
Approved by BeC on:
Attach Executive Summary
Item No.:
Fund Center Title:
WBS Element Title:
Expense Budget Detail
Workers' Compensation Insurance
Fd Ctr No.: 518 - 121630
WBS No.:
(Provide the Fund Center or WBS element information; it is not required to provide both.)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Budeet Budeet
121650 645924 W/C Insurance AgJ;! 200,000 368,000 568,000
121650 645928 W/C Claims 335,000 850,000 1,185,000
919010 996200 Reserve for Insurance (335,000) 3,608,300 3,273,300
Net Change to Budget 200,000
Fund Center Title:
WBS Element Title:
(Pr . de th Fund C
Expense Budget Detail
':6
Fd Ctr No.:
WBS No.:
. d 'd both)
OVl e enter or e ement In ormation; It IS not reqUire to proVl e
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Budeet Bud2et
WBS I
Net Change to Budget
Fund Center Title:
WBS Element Title:
(P 'd th F de
Expense Budget Detail
':6
Fd CtrNo.:
WBS No.:
uired 'd b th)
roVl e e un enter or e ement In ormation; It IS not reQl to prOVl e 0
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Budeet Bud2et
WBS I
Net Change to Budget
Agenda Item No. 16E16
July 26, 2005
Page 4 of 4
Revenue Budget Detail
Fund Center Title: Workers Compensation Insurance Fd Ctr No.: 518-121630
WBS Element Title: Reimbursement for Prior Year Expenses WBS No.:
rovide the Fund Center or WBS element information; it is not uired to
Fund WBS Commit Commitment Item Inerease
Center Element Item Deseri' on rease
121630 369300 Reimbursement 200,000
Revised
Bu et
250,000
Net Change to Budget 200,000
EXPLANATION
Why are funds needed?
To cover the cost of reinsurance and claim settlements through the end of fiscal year 2005.
Where are funds available?
From Reserves and reinsurance recoveries.
DATE I
JW 7/14/05
Cost Center Director:
Division Administrator:
Bud2et Department:
Ae:eney Manae:er:
Finance Deoartment:
Clerk of Board Admin.:
Input by:
B.A. No.:
REVIEW PROCESS
Agenda Item No. 16F1
July 26, 2005
Page 1 of 15
,-.
Summary of Executive Summaries Approved In the Board's Absence for 7112/2005
16F1A. Recommend that the board approve and authorize Its chalnnan to sign
an Interlocal agreement with the Port of the Islands Community
Improvement District In which the county Is authorized to Install and
maintain a pennanent GPS base station at the Port of the Islands
wastewater treatment facility.
16F1 B. Recommendation to approve a Budget Amendment to recognize and
appropriate $4,500 of Isles of Capri Fire Control District protective
Inspection fee revenue to be used for the purchase of equipment
16F1C. Recommend that the board approve and authorize Its chalnnan to sign a
Memorandum of Understanding (MOU) with the National Parks Service,
Big Cypress National Preserve in which the county Is authorized to
Install and maintain a pennanent GPS base station at the Big Cypress
National Preserve Headquarters .
,'-"
,-..
Agenda Item No. 16F1
July 26, 2005
Page 2 of 15
-.
EXECUTIVE SUMMARY
Recommendation to authorize the Chairman to sign a resolution appointing and
authorizing the County Manager, or his designee to sign an interlocal agreement
with the Port of the Islands Community Improvement District in which the county
is authorized to install and maintain a permanent GPS base station at the Port of
the Islands wastewater treatment facility.
OBJECTIVE: To obtain Board approval of an Interlocal Agreement with the Port of the
Islands Community Improvement District under which Collier County is authorized to
install and maintain a permanent GPS base station at the Port of the Islands wastewater
treatment facility, and authorize the Chairman to execute the Agreement on behalf of the
County.
CONSIDERATION: The County is in the process of installing GPS Base Stations,
comprised of antennae, solar panels and a locked cabinet, at strategic points throughout
the County for the purpose of providing GPS data for survey and engineering
measurements. The Port of the Islands Community Improvement District has agreed to
allow the County to install one of these facilities at their wastewater treatment facility at
no cost to the County. The County will be responsible for all costs it incurs in installing
and maintaining this GPS facility.
---
Approval of this Resolution by the County Manager is subject to formal ratification by
the Board of County Commissioners. If the decision by the County Manager is not
ratified by the Board, this Resolution shall not be enforceable against Collier County only
to the extent authorized by law in the absence of such ratification by the Board.
FISCAL IMPACT: The cost for this installation is estimated to be $1,500 and will
come from the GPS Network Project 510031 within the Stormwater Capital Improvement
Budget. Annual maintenance costs estimated to be around $500 will come from the
Stormwater Operating Budget Fund (324). Source offunds are Ad Valorem Taxes.
GROWTH MANAGEMENT IMP ACT: The installation of this system will assist the
Stormwater Section in completing capital improvement elements of the growth
management plan.
RECOMMENDATION: That the Board of County Commissioners approve the
attached agreement and authorizes the Chairman to execute the agreement on behalf of
the County.
Prepared by:
Daniel J Regan, PSM
Land Surveyor
Stormwater Management Department
Attachments: Port of the Islands Agreement.pdf
".....-
Agenda Item No. 16F1A
July 12, 2005
Page 1 of 3
Item Number
Item Summary
Meeting Date
Agenda Item No. 16F1
July 26, 2005
Page 3 of 15
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F1A
Recommend that the board approve and authorize Its chairman to sign an
interlocal agreement with the Port of the Islands CommunIty Improvement
District in which the county is authorized to install and maintain a permanent
GPS base station at the Port of the Islands wastewater treatment facility.
7/12/20059:00:00 AM
Date
Prepared By
Daniel J. Regan
Transportation Services
Land Surveyor
6/221200510:18:03 AM
Stonnwatar Management
Approved By
Daniel J. Regan
Transportation Services
Land Surveyor
Date
Stonn_ter Management
6123/2005 9:38 AM
Approved By
Ricardo Valera
Transportation Services
Director
Data
Approved By
Stonnwatar Management
6130/20058:40 AM
Sharon Newman
Transportation Services
Accounting Supervisor
Transportation Administration
Data
Approved By
7/512005 1 :01 PM
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
7/5/2005 2:09 PM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
County Attorney OffIce
Date
717120059:52 AM
Approved By
Pat Lehnhard
Transportation Services
executive Secretary
Transportation Services Admin
Data
7171200510:16 AM
Approved By
OMB Coordinator
County Manager's OffIce
Administrative Assistant
Date
Office of Management & Budget
7/8/2005 8:32 AM
Approved By
Michael Smykowskl
County Manager's Office
Management & Budget Director
Office of Management & Budget
Date
7/11/200510:56 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Data
County Manager's Office
7/11/200511:41 AM
Agenda Item No. 16F1A
July 12, 2005
Page 2 of 3
Agenda Item No. 16F1
July 26, 2005
Page 4 of 15
This AGREEMENT is entered into tflis _ day of .200$, by and between Collier County,
apolitical subdivision of the State of Florida, hereinafter referred to as the "Licensee;' and P()rt of the Islands
Community Improvement District, an independent special district established pursuant to Chapter 109, Florida
Statutes, hereinafter referred to as the "Licensor",
INTERLOCAL AGREEMENT
UCENSE AGREEMENT
RECITALS
WHEREAS, Licensee wishes to use the premises owned by Licensor located at the Port of the Islands
wastewater treatment filciJity (hercinafterreferred to as tlle "Premises"), for the purpose of instaltmg a permanent
GPS Base Station,comprised of antennae, solar panels and a Jocked cabinet at ground level; and
WHEREAS, Licensor is willing to allow Licensee to utilize the Premises in the manner set forth above
under the terms and conditions set forth below.
NOW, TIfEREFORE, it is agreed-as follows:
1 . Licensee is hereby given permission to install the equipment set forth above at the Premises at its sole
cost and expense. Licensee will utilize a licensed contractor ofits sole choosing for this installation.
2. Licensee and its agents are hereby given permission to access its equipment on an as-needed basis.
incJuded but not limited to making repairs to or updating the equipment.
3, licensee agrees to release from liability ,and to hold hannless Licensor against any and all claims that
may arise from Licensee's use of the Premises. Licensee further agrees to assume liability for damages that arise out
of Licensee's use of the Premises due to the negligence act or acts oftb.e Licensee, includingcOSls, attorney's fees,
expenses, damages, llnd liabilities incurred as a result of any claim or proceeding brought thereon, all to. the extent
permitted under general law.
4. This is an at-wHl, month-to-month Agreement, with no rent charged. Either party may freely
terminate this Agreement on 30 dayswriUen notice to the other, with or without cause. On termination, Licensee wiU
have a licensed contractor remove all of its equipment from the Premises, and shan restore the premises to its original
state, reasonable wear and tear excepted, to the extent possible. This Agreement shall become effective upon the date
set forth above.
above,
IN WITNESS WHEREOF, the parties hereto hereby execute this Agreement effective as of the date written
ATTEST:
DWIGHTE. BROCK, CLERK
By:
~__~_~~'~'~P"""""'_"'~_'n_..w.
. Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLUER COUNTY. FLORIDA
By: __
Fred W.Coyle. Chairman
PORT OF THE ISLANDS COMMUNITY IMPROVEMENT
DISTRICT
AlTEST:
By:~~
Rio ~atti
Chairman of the 8Qard of Supervisors.
egal sufficiency:
Agenda Item No. 16F1A
July 12, 2005
Page 3 of3
Agenda Item No. 16F1
July 26,2005
Page 5 of 15
EXECUTIVE SUMMARY
Recommendation to approve a Budget Amendment to recognize and
appropriate $4,500 of Isles of Capri Fire Control District protective
inspection fee revenue to be used for the purchase of equipment
OBJECTIVE: Board of County Commissioners approval of a budget amendment
recognizing and appropriating $4,500 of Isles of Capri Fire Control District protective
inspection fee revenue.
CONSIDERATIONS: The Isles of Capri Fire Control District is in need of updated
editions of the National Fire Code, testing equipment and a computer for use in its fire
inspection program. The fire inspection program is funded entirely from the fees charged
for inspections, and the purchases will require the transfer of funds from protective
inspection fee revenue to the Isles of Capri Fire District's operating budget.
Approval of this Budget Amendment by the County Manager is subject to formal
ratification by the Board of County Commissioners. If the decision by the County
Manager is not ratified by the Board, this Budget Amendment shall not be enforceable
against Collier County only to the extent authorized by law in the absence of such
ratification by the Board.
FISCAL IMPACT: A budget amendment is necessary to recognize and appropriate
$4,500 of Protective Inspection Fee revenue in Fund 144 Isles of Capri Fire Control.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board of Commissioners approve a budget
amendment to recognize and appropriate $4,500 of Isles of Capri Fire Control District
protective inspection fee revenue for the purchase of equipment.
Prepared By: Chief Emilio Rodriguez, Isles of Capri Fire Control District
Agenda Item No. 16F1B
July 12, 2005
Page 1 of 2
Item Number
Item Summary
Meeting Date
Approved By
Darcy Waldron
County Manager's Offlce
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Agenda Item No. 16F1
July 26. 2005
Page 6 of 15
16F1B
Recommendation to approve a Budget Amendment to recognize and
appropriate $4,500 of Isles of Capri Fire Control District protective inspection
fee revenue to be used for the purchase of equipment
7/12120059:00:00 AM
Senior Administrative Assistant
Date
Emergency Management
6127/20052:45 PM
Approved By
Dan E. Summers
County Manager's Office
Bureau of Emergency Services
Director
Date
Bureau of Emergency Services
6127/2005 3:02 PM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
7/612005 9:36 AM
Approved By
Michael Smykowskl
County Manager's Office
Approved By
James V. Mudd
Board of County
Commissioners
Management & Budget Director
Office of Management & Budget
Date
7/111200512:14 PM
County Manager
Date
County Manager's OffIce
7/11120052:11 PM
Agenda Item No. 16F1B
July 12, 2005
Page 2 of 2
Agenda Item No. 16F1
July 26, 2005
Page 7 of 15
EXECUTIVE SUMMARY
Recommend that the board approve and authorize its chairman to sign a
Memorandum of Understanding (MOU) with the National Parks Service, Big
Cypress National Preserve in which the county is authorized to install and maintain
a permanent GPS base station at the Big Cypress National Preserve Headquarters.
OBJECTIVE: To obtain Board approval of a MOU with the National Parks Service, Big
Cypress preserve under which Collier County is authorized to install and maintain a
permanent GPS base station at the Big Cypress Preserve Headquarters, and authorize the
Chairman to execute the Agreement on behalf of the County.
CONSIDERATION: The County is in the process of installing GPS Base Stations,
comprised of antennae, solar panels and a locked cabinet, at strategic points throughout
the County. for the purpose of providing GPS data for survey and engineering
measurements. The National Parks Service at Big Cypress Preserve has agreed to allow
the County to install one of these facilities at their Headquarters facility at no cost to the
County. The County will be responsible for all costs it incurs in installing and
maintaining this GPS facility.
Approval of this Memorandum of Understanding by the County Manager is subject to
formal ratification by the Board of County Commissioners. If the decision by the County
Manager is not ratified by the Board, this Memorandum of Understanding shall not be
enforceable against Collier County only to the extent authorized by law in the absence of
such ratification by the Board.
FISCAL IMPACT: The cost for this installation is estimated to be $1,691 and will
come from the GPS Network Project 510031 within the Storm water Capital Improvement
Budget. Annual maintenance costs estimated to be around $500 will come from the
Stormwater Operating Budget Fund (324). Source of funds are Ad Valorem Taxes.
GROWTH MANAGEMENT IMP ACT: The installation of this system will assist the
Stormwater Section in completing capital improvement elements of the growth
management plan.
RECOMMENDATION: That the Board of County Commissioners approve the
attached agreement and authorizes the Chairman to execute the agreement on behalf of
the County.
Prepared by: Daniel J Regan, PSM
Land Surveyor
Stormwater Management Department
Attachments: Big Cypress MOU Agreement
Agenda Item No. 16F1C
July 12, 2005
Page 1 of 8
Item Number
Item Summary
Meeting Date
COLLIER COUNTY
Agenda Item No. 16F1
July 26, 2005
Page 8 of 15
BOARD OF COUNTY COMMISSIONERS
16F1C
Recommend that the board approve and authorize its chairman to sign a
Memorandum of Understanding (MQU) with the National Parks Service, Big
Cypress National Preserve in which the county is authorized to install and
maintain a permanent GPS base station at the Big Cypress National Preserve
Headquarters .
7/12/20059:00:00 AM
Date
Prepared By
Daniel J. Regan
Transportation Services
Land Surveyor
6/28/2005 9:53:44 AM
Approved By
Stonnwater Management
Daniel J. Regan
Transportation Services
Land Surveyor
Stonnwater Management
Date
6/26/2005 11 :12 AM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
6130/2005 2:05 PM
Approved By
Ricardo Valera
Transportation Services
Director
Date
Stonnwater Management
6/30/2005 2:09 PM
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Date
Transportation Admi nlstration
7/512005 1 :02 PM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
7/5/20052:09 PM
Approved By
Pat Lehnhard
Transportation Services
Executive Secretary
Date
7rrt2005 9:33 AM
Transportation Services Admin
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
7/8/20058:30 AM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Office of Management & Budget
Date
7/11/200512:31 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
7/11/20055:27 PM
Agenda Item No. 16F1C
JUly 12, 20Ub
Page 2 of 8
. . f Ag}i~nda Item No.
Umted States Department 0 . the Intenor July 26,
Page 9
NA TlONAL PARK SERVICE
Big Cypress National Preserve
HCR61, Box 110
Oc:hopce. Flooda 34141-9710
IN REPL"\' REFER. TO:
RECEIVED
June 24, 2005
JUN 2 7 Z005
STORMWATER MGMT.
Collier County Transportation Division
Attn: Daniel J. Regan
Horseshoe Square Bldg. Suite 2120
2685 South Horseshoe Drive
Naples, Florida 34104
Reference: Memorandum of Understanding No. 05120050004, Installation of GPS Base Station at Big
Cypress National Preserve
Dear Mr. Regan:
Enclosed for your review and signature are two (2) copies of the above referenced agreement between the
National Park Service, Big Cypress National Preserve and Collier County, Transportation Services
Division, establishing the tenns and conditions under which the County will utilize federally owned
property at the Preserve for the installation, operation, and ~ntenance of a global positioning system
base station.
Please return two (2) fully signed and dated agreements to this office after all required signatures have
been received. If you have any questions, please feel free to contact me at (239) 695~ 1113.
S' ,
"1 f\ /1
I I 1 ' I
.. . ./ i" .
Randy Effert... / j
Contracting. . leer J
'.....".
Agenda Item No. 16F1C
July 12, 2005
Page 3 of 8
Enclosures
Agenda Item G5J!9050004
July 26,P.Q.Q~ 1 of 5
Page 1o.oT6fb
MEMORANDUM OF U~'DERSTANDING
G5120050004
GPS BASE STATION
Memoradum of Understanding
between
The United States Department of the Interior
National Park Service
Big Cypress National Preserve
and
Collier County, Florida
Transportation Services Division
This agreement is entered into by and between the National Park Service (hereinafter "NPS"),
United States Department of the Interior, acting through the Superintendent of Big Cypress
National Preserve (hereinafter "Preserve") and Collier County, Florida (hereinafter "County"),
acting through the Administrator of the Transportation Services Division (hereinafter
"Division"').
ARTICLE 1- BALXGROUND AND OBJECTIVES
The objective of this Agreement is to establish the standards, terms, and conditions under which
the County will utilize federally owned property at the Preserve for the installation, operation.,
and maintenance of a Global Positioning System (GPS) base station.
The Division maintains a comprehensive inventory of roadway infrastructure assets. To
maximize the life of all the roadway infrastructure assets with the least overall cost, the Division
needs to record and report on the value and condition of all existing assets. To meet this
requirement, the Division is developing a highly accurate geographic information system (GIS)
of aU county roadway systems and all transportation roadway assets. In order to maintain this
database and to improve the accuracy of some assets, the County wishes to establish a
countywide GPS with fixed reference or base stations.
The area of concern covers approximateiy 1,500 square miles. The County~s intention is to have
centimeter-Ievei-precision coordinates in user-defined coordinate systems/datums (horizontal
and vertical) available.
The gOal.ofthiS.. system is to allow all of the SUIV.ev.,", m... easurement.Aitl. 8fttibl~~. rl8,Elfea t'
be on one datum, allowing for more informed management and planning. ~~Js1eta,gal b,
compatible with all commonly used GPS, AUTOCAD, and GIS hardwarf"9' ~ltQ,are.
Furthermore, data collection will be capable in user-definable formats. including but not limited
AgenWimotlSOOM1
~t?~ ~f~
to, State Plane Coordinate Florida East Projection North American Datum 1983 (NAD83/90) and
both National Geodetic Vertical Datum 1929 (NGVD 29) and North American Vertical Datum
1988 (NAVD 88) vertical datums.
In order to provide complete coverage of the populated areas of Collier County, a total of eight
base stations will be needed. The County wishes to locate one of the stations on 't\TPS property in
the Preserve headquarters area.
ARTICLE n - A~'7BORITY
This agreement is entered into under the authority of 16 U.S.c. :;.'$ I 19.
ARTICLE m - STATEMENT OF WORK
A. The County will:
1, Install a GPS base station, consisting of antennas and related anchoring equipment, power
source, and electronics, at a site approximately 2,700 feet southwest of the Preserve
headquarters, at UTM coordinates 467,402 east, 2,863,897 north.
2. Coordinate with the Preserve prior to installing the base station,
3,Be responsible for all installation and maintenance of base station components,
B. The Preserve will:
1 _ Provide a location for the base station at a site approximately 2.700 feet southwest of the
Preserve headquarters, at UTM coordinates 467,402 ~ 2,863,897 north.
2. Allow County staftto freely access the site during normal working hours, i.e., 7:00 a.m.-
5:00 p.m., Monday-Friday, exclusive of Federal holidays and special circumstances such
as closure of the area for reasons of security, safety, or weather conditions. At its
d.iscretion the Preserve may allow the County to access the siteAa~~~1C
working hours. -JU~~;:~~~
3. Keep the area surrounding the base station mowed.
-,
AgendcOtill288S....
~~if~~~~
.ARTICLE IV - TEIt.\1 OF AGREEMENT
This agreement shall be effective for five years from the date of final signature~ unless it is
terminated earlier by one of the parties pursuant to Article IX that foHows. The term of this
agreement may be extended only by a written instrument executed by both parties.
ARTICLE V - KEY OFFICIALS
For theNPS:
A. Damon Doumlele
Environmental Protection Specialist
Big Cypress N(\tional Preserve
239-695-1158
For tile COllnty:
A. NormFeder
Administrator
Transportation Services Division
B. Daniel J. Regal\ P.S.M.
Land Surveyor
Transportation Services Division
ARTICLE VI - PRIOR APPROVAL
Initial installation of base station equipment by the County will require prior electronic or written
approval by the Preserve.
ARTICLE VII - REPORT AND/OR OTHER DELIVERABLES
Upon request and to the full extent permitted by applicable law, the parties shall share with each
other final reports of incidents involving both parties.
ARTICLE vm -PROPERTYUlUIZ{\ nON
The NPS will allow the County to use NPS propertv as described in Artic1effi.
. W Agenda Item No. 16F1C
ARTICLE IX - MODIFICA nON AND TERMINATION JU~~:'l~?~
A. This agreement may be modified only by a written instrument executed by both parties.
Agenda Iter('45~J.OOSP004
July ~a~otiof5
Page 13 of 15
B. Either party may terminate this agreement for reasons other than unsatisfactory performance
of the other party. provided that they notify the other party with sixty (60) days advance \\ITitten
notice. In the event that one party provides the other party with notice of its intention to
terminate, the parties shall meet promptly to discuss the reasons for the notice and to try to
resolve their differences amicably. The parties commit to using every reasonable means
available. including the use of a neutral mediator if necessary, to try to avoid terminating thi s
agreement.
ARTICLE X - STANDARD CLAUSES
A. Civil Rights
During the performance of this agreement, the participants agree to abide by the terms of the
USDL-Civil Rights Assurance Certification, non-discrimination, and will not discriminate against
any person because of race, color, religion, sex, or national origin. The participants will take
affirmative action to ensure that applicants are employed without regard to their race, color.
religion, national origin, disabilities, age, or sex.
__. Promotions
The County shall not publicize or otherwise circulate promotional material (such as
advertisements, sales brochures, press releases, speeches, still and motion pictures, articles,
manuscripts, or other publications) which states or implies U.S. Governmental, Departmental,
Bureau. or NPS employee endorsement of a product, service, or position which the County
represents. No release of information relating to this agreement may state or imply that the U.S.
Government approves of the County's work product to be superior to other products or services.
C.Public Information Release
The County must obtain prior approval from the Superintendent of Big Cypress National
Preserve for any public information release which refers to the Department of the Interior, any
Bureau. park unit, or employee (by name or title), or to this agreement. The specific text, layout,
photographs, etc. of the proposed release must be submitted with the request for approval.
D. Liability Provision
To the extent authorized by law, each party to this agreement wilf'.~eJt99nl~d~v9;~b~ld
4rmless, and defend each other against all fines, claims, damages, tosses, JlfJiDW'.!bf~d
..:penses arising out ot~ or from, any omission or activity of such person orgarnzation, its
representatives, or employees.
Agenda Item f\G~50004
July 26, ~ 5 of:::
Page 14 o{f'S-
ARTICLE XI - SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date(s) set
forth below,
FOR THE NATIONAL PARK SER'llCE:
Signature: ________,
Name: Karen C. Gustin
Title: Superintendent
Big Cypress National Preserve
Date:
Signature:
Name: Randy Effert
Title: Contracting Officer
Big Cypress National Preserve
Date:
FOR COLLIER COUNTY, FLORIDA:
Signature:
Name: NormFeder
Title: Administrator
Transportation Services Division
Date:
Signature:
Name: Dwight E. Brock
Title; Clerk
Board of County CommissIOners
Agenda Item No. 16F1 C
July 12, 2005
Page 8 of 8
Date:
Item Number
Item Summary
Meeting Date
Approved By
James V. Mudd
Board of County
Commissioners
Agenda Item No. 16F1
July 26, 2005
Page 15 of 15
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F1
Board ratification of Summary, Consent and Emergency Agenda Items approved by the
County Manager during the Board's scheduled recess. Per Resolution Number 2000-149,
"Approval of this Agreement by the County Manager is subject to formal ratification by the
Board of County Commissioners. If the decision by the County Manager is not ratified by
that Board, this Agreement shall be enforceable against Collier County only to the extent
authorized by law in the absence of such ratification of that Board."
7/26/20059:00:00 AM
County Manager
Date
County Manager's Office
7/15/20059:28 AM
. ....... --'"
Agenda Item No. 16F2
July 26, 2005
Page 1 of 8
,--
EXECUTIVE SUMMARY
Recommendation to Approve Services Contract between Live Oak Production
Group and Collier County to produce a documentary on the Western
Everglades, called "The Big Cypress Swamp" in an amount not to exceed
$40,000
OBJECTIVE: For the Board of County Commissioners to approve a Services Contract
between Live Oak Production Group and Collier County to produce a documentary on the
Western Everglades called "The Big Cypress Swamp" in an amount not to exceed $40,000 as
previously recommended by the Tourist Development Council ernC).
CONSIDERATIONS: Clyde Butcher, a world famous wildlife photographer and Elam
Stoltzfus, Producer are collaborating to produce a documentary on the Western Everglades,
called The Big Cypress Swamp. It will have several partners including the Southwest Florida
Water Management District, the Friends of Big Cypress National Preserve and Collier County.
A one-hour documentary will be filmed in high definition format and will be aired on the 13 PBS
stations in Florida, the Educational Cable Channels, Florida Knowledge Channel and other
public access channels. Clyde Butcher will host the documentary and separate short radio audio
segments will be produced.
.r- The purpose of the documentary is to increase public awareness of the Big Cypress Swamp and
the importance of preserving this important ecosystem. A 10-minute version of the program will
be featured in the new educationalleaming center at the Big Cypress National Preserve Visitor
Center.
Events and added value items include a Premier & Debut event, news media stories, a web site,
radio series and perhaps a "coffee table" book of the images that Clyde Butcher takes as part of
the production.
At the March 28, 2005 IDC Meeting, the Council unanimously recommended to move forward
with a contract between Live Oak Production Group and Collier County up to $40,000 with a
request to review the contract prior to forwarding it to the County Commission for approval. On
June 27,2005 the contract was brought back to the mc for review. The IDC unanimously
approved (6-0) the contract to be recommended for approval to the Board of County
Commissioners.
COUNTY ATTORNEY FINDING: The County Attorney's office has reviewed and approved
this Service Agreement for legal sufficiency.
ADVISORY COMMI1iEE RECOMMENDATIONS: To approve a Services Contract
between Live Oak Production Group and Collier County to produce a documentary on the
Western Everglades, called "The Big Cypress Swamp" in an amount not to exceed $40,000
,,-..
FISCAL IMP ACT: The funds are in the approved Advertising and Promotion line item in the
FY 05 tourism department budget.
Agenda Item No. 16F2
July 26, 2005
Page 2 of 8
GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan
related to this action.
RECOMMENDATION: For the Board of County Commissioners to approve a Services
Contract between Live Oak Production Group and Collier County to produce a documentary on
the Western Everglades called "The Big Cypress Swamp" in an amount not to exceed $40,000.
PREPARED BY: Jack Wert, Tourism Director
,-..
---
Agenda Item No. 16F2
July 26. 2005
Page 3 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16F2
Meeting Date
Recommendation to approve a Services Contract between Live Oak Production Group and
Collier County to produce a documentary on the Western Everglades, called "The Big
Cypress Swamp" in an amount not to exceed $40,000.
7/26/20059:00:00 AM
Approved By
Jack Wert
Tourism Director
Date
County Manager's Office
Tourism
7/6/2005 8:38 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
7/6/20059:37 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
7/11/20059;10 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
7/11/20052:35 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
7/11/20054;19 PM
Agenda Item No. 16F2
July 26, 2005
Page 4 of 8
SERVICES CONTRACT
BE1WEEN THE
LIVE OAK PRODUCTION GROUP
AND
COLLIER COUNTY
This contract, entered into as of the day of 2005 between LIVE OAK
PRODUCTION GROUP, INC. (herein called the "PRODUCTION COMPANY") and
COLLIER COUNTY (herein called the "SPONSOR") agree to the following conditions:
1. The SPONSOR desires to provide funds to the making of "Big Cypress Swamp:
The Western Everglades" Super 16mm nature motion picture film documentary by the
PRODUCTION COMPANY in producing a 57 minute High Definition master
professional broadcast educational media program.
2. The PRODUCTION COMPANY will perform the necessary scope of functions, in
confonnity with the attached scope of work, to direct and manage in the completion of
the Project.
3. The SPONSOR will pay the PRODUCTION COMPANY up to $40,000.00 for the
execution and completion of this contract. The total amount for these directed
assignments will not exceed $40,000.00,
4. The production company will begin work only after it secures sufficient funding
from all sponsors to complete the project. At that time, the PRODUCTION COMPANY
will begin pre-production planning, research, script development and interviews and
then invoice the SPONSOR for $15,000.00.
The second payment of $14,000.00 may be billed at the completion of 50% of the
production of the project as evidenced by a Progress Report from the Production
Company.
The third and final payment, not to exceed $11,000.000 will be billed at the
completion of the edited master tape and delivery to SPONSOR of a dub of that master.
3,6
Agenda Item No. 16F2
July 26, 2005
Page 5 of 8
5. The PRODUCTION COMPANY acknowledges and agrees that it is an
independent contractor, responsible for all employment, income, workman's
compensation, liability and all other insurance or taxes incident to its status as such,
6. The PRODUCTION COMPANY or the SPONSOR can terminate this contract for
any reason upon 30 days written notice to the other party. If the SPONSOR terminates
this contract at any time and for any reason, the PRODUCTION COMPANY will be
compensated for services up to the time of termination, If the PRODUCTION
COMPANY terminates this contract at any time or for any reason, they will return any
unused funds received from the SPONSOR.
7. When issuing statements and press releases, the PRODUCTION COMPANY will
state that the project is funded in part by the SPONSOR. When and where feasible, the
SPONSOR logo should be included. The PRODUCTION COMPANY will keep the
SPONSOR informed of all promotional and media opportunities.
8. If applicable, the PRODUCTION COMPANY will allow SPONSOR staff access to
the PROJECT site, when safety considerations allow, to take photographs of the
PROJECT'S progress and completion.
9. The copyright of all film footage, audio interviews, broadcast masters, web
design, logos. graphic designed images, still images, illustrations, print material,
broadcast rights and copyright material will belong exclusively to the PRODUCTION
COMPANY, unless previously agreed upon in writing.
10. A residual of $1.25 per DVDNHS copy that is sold will be shared with the
SPONSOR or a non-profit organization of the SPONSOR'S choice over the period on
the next 5 years, beginning after the completion of the edited master.
The following signatures signifies agreement to the conditions specified in this contract,
and the start of this contract as of the date written above.
37
Agenda Item No. 16F2
July 26, 2005
Page 6 of 8
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed by their duly authorized officers and their official seals, hereto affixed the day
and year first written above.
DATED:
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
DWIGHT E. BROCK, Clerk
, Deputy Clerk
By:
FRED W. COYLE, Chairman
Approved as to form and
Legal sufficiency:
Heidi F. Ashton
Assistant County Attorney
WITNESSES:
LIVE OAK PRODUCTION GROUP,
INC.
(1 )
Signature
PrintedlTyped Name
By:
ELAM STOLTZFUS, President
(2)
Signature
PrintedlTyped Name
38
Agenda Item No. 16F2
July 26, 2005
Page 7 of 8
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25362 NE Charles Pippen Rd.
Blountstown, FL 32424
850-674-2902 850-899-0883 cell
elam@liveoakproductiongroup.com
WNW.liveoakproductiongroup.com
SCOPE OF WORK
1. Projected date of completion of the: 57:00 minute documentary is June 31,
2006. The completed project includes:
Projected broadcast dates and release.
Plan and schedule of premiere events to coincide with broadcast dates.
Completed master ready for international distribution.
Broadcast master presented to Florida Knowledge Channel.
2. Documentary will include Naples, Marco Island, Everglades Convention &
Visitors Bureau name in audio and video segments that are broadcasted.
3. Production Company will provide 200 DVD copies of completed program for
internal marketing and promotions at cost to sponsor for internal marketing and
promotions.
4. Links will be provided from producer's website to Sponsor web site.
5. Links will be provided to journals and updated images of production.
6. A B-roll promotional broadcast videotape of a selection of film footage will be
provided by Producer to Sponsor to be used only for promotional purposes on
the ecotourism aspects in Collier County. The videotape shall not be used for
promotional or advertisement purposes of the Production Company or any other
third party. B-roll will be on BetaSP, DV tape and DVD formats for distribution,
approximately 5 to 8 minutes in total length. A contract will be included with each
tape/DVD stating that this footage will not be used in any other promotional or
broadcast program or re-edited without permission from the Production
Company.
7. The production specifications will include: Documentation and field footage on
Super 16mm motion picture film, audio on DA T digital format, Super 16mm film
footage transferred to High Definition digital video & BetaSP format, edited on
computer editing workstation and mastered to High Definition format and Digital
BetaSP for distribution. The master will be authored to DVD format and VHS
tape for general public distribution. Original scored soundtrack by local
musicians, or musicians of producer's choice will be included.
39
Agenda Item No. 16F2
July 26, 2005
Page 8 of 8
9. Introduction will include logo of SPONSOR and other supporters and funding
sources - 20:00 to 30:00 seconds of corporate logos and slogans at beginning
and ending credits of program. SPONSOR logo will be displayed on DVD and
VHS covers.
10, A series of short sound bites will be produced from a collection of interviews
of folks/experts talking about the Big Cypress in the historical sense, the current
use of the Reserve and what the future will hold for the area. A professional
narrator (Peter Thomas, Naples) will be used to tie in the interviews with general
and scientific information to tell the story.
11. The composition of the film will feature the beauty found in the expanse of the
landscapes, the intimate waterways, the vast collection of flora & fauna, a study
of weather patterns and seasons, the behavior of animals and creatures,
underwater images and activities of people who enjoy the Preserve.
12. Within the documentary there will be references made to the purpose forthe
establishment of the Big Cypress National Reserve and its strategic plan. These
items include:
Preserving the watershed is key to the survival of the South Florida ecosystem.
Acting as a custodian for ecological and biological processes that provides
habitat and protection for a great diversity of plant and animal species.
Stories from times long past and into the future, reflecting a pattern of changing
culture and human involvement.
A spectrum of human activities, recreational and commercial.
The home to the Seminole Tribe of Florida and sustainable resources important
to their cultures.
13. A series of activities to document and create interest would include following
a baCkpaCker on the Florida Trail, tracking the Florida panther, taking a swamp
drive or swamp walk with students, marveling at ancient cypress growth,
observing the alligators, watching a flock of birds, kayaking in the waterways,
Clyde Butcher and other artists profiling the Big Cypress.
40
Agenda Item No. 16F3
July 26, 2005
Page 1 of 3
,--
EXECUTIVE SUMMARY
Recommendation to seek formal competition to hire a state lobbyist to represent
Collier County in Tallahassee.
OBJECTIVE: To ensure that Collier County government maximizes opportunities to
obtain state funding and to ensure that the needs of the county and its citizens are
communicated to members of the State Legislature during the 2006 Legislative Session.
CONSIDERATION: Collier County needs to take full advantage of funding
opportunities at the State of Florida level of government in Tallahassee. Currently, there
are millions of state dollars set aside in Tallahassee for allocation to counties and
municipalities for infrastructure and a myriad of other needs.
,-'
State dollars are available for transportation, water/wastewater, storm water, libraries,
parks, museums, public transit, etc, Active lobbyists help to secure allocations of these
dollars to county and local governments each year, A state lobbyist would match Collier
County's specific infrastructure requirements and other fiscal needs as well as eligibility
with available state funding. A limited presence at the state level also means a limited
voice in legislative affairs. With the ever-changing nature oflegislation on issues such as
impact fees and growth management, etc" during the last session, a constant county
presence in Tallahassee is a must.
In order to ensure the greatest possible success for the county in this effort in the
forthcoming state budget cycle, it is essential that the lobbyist firm be under contract and
working on behalf of Collier County in September 2005. Therefore, the Collier County
Purchasing Department upon approval of this executive summary needs to issue the
solicitation as soon as possible. The County Manager's Agency selection committee will
need to evaluate the submissions of qualified firms to ultimately present the Board with
three top contenders ranked in recommended order on September 13.
Although the actual 2006 Legislative Session does not commence until March 2006, the
work begins much sooner. In fact, as of the second week in July, the House of
Representatives had released the first bills for the 2006 Legislative Session. Time is of
essence to get a state lobbyist on board by mid-September as Collier County through this
summer is crafting its legislative priorities to be communicated by our Board of County
Commissioners to our Collier County Legislative Delegation at the October 3, 2005 Pre-
2006 Legislative Session Workshop.
FISCAL IMPACT: There is no fiscal impact associated with this executive summary,
however, conceptually funding for lobbying services was discussed by the Board of
County Commissioners at the June 15, 2005 budget workshop. Funds are available in the
General Fund (001).
~
Agenda Item No. 16F3
July 26, 2005
Page 2 of 3
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this executive summary.
LEGAL CONSIDERATIONS: There are no legal considerations associated with this
executive summary.
RECOMMENDATION: That the Board of County Commissioners approves seeking
formal competition for a state lobbyist to represent Collier County in Tallahassee.
Prepared by Debbie Wight, Assistant to the County Manager
-
Agenda Item No. 16F3
July 26, 2005
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16F3
Meeting Date
Recommendation to seek formal competition to hire a state lobbyist to represent Collier
County in Tallahassee.
7126120059:00:00 AM
Prepared By
Date
Deborah L Wight
Board of County
Commissioners
Assistant to the County Manager
7/13120053:46:01 PM
County Manager's Office
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
7/13/20055:17 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
7/14/20057:55 AM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
7/14/20053:34 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
7/15/20058:24 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
7/15/20052:00 PM
.-
Agenda Item No. 16F4
July 26, 2005
Page 1 of 2
--
APPROVAL OF BUDGET AMENDMENTS
Bee Agenda of July 26, 2005
Law Library (640)
Budget Amendment #05-473
Operating Expenses
Law Library Expenses
$23,000
Reserves
Reserve for Contingency
($23,000)
Total
-0-
Explanation: Funds are needed to cover Law Library expenses for the remainder of the fiscal year
2005.
Animal Services (610)
Budget Amendment #05-482
Operating Expenses
Neutering/Spaying Fees
$25,000
Resexves
Resexve for Contingency
($25,000)
Total
-0-
Explanation: To pay veterinarian invoices for spray/neuter surgeries per agreement with veterinarian
association. Payments to veterinarians have increased due to more aggressive enforcement activities
resulting in vouchers issued in previous years being redeemed for spay/neuter sexvices.
Prepared by: Barbetta Hutchinson, Executive Secretary, OMB
Page 1 of I
Agenda Item No. 16F4
July 26, 2005
Page 2of2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
Meeting Date
16F4
Approve Budget Amendments
7/26/20059:00:00 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
7/13/20054:58 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
7/14/200512:01 PM
Agenda Item No. 16F5
July 26, 2005
Page 1 of 9
EXECUTIVE SUMMARY
Recommendation to approve a Disaster Mutual Aid Agreement between Collier
County and multiple public and private emergency/disaster response agencies
OBJECTIVE: Board of County Commissioners approval of a Disaster Mutual Aid Agreement
between Collier County and the following emergency/disaster response agencies:
· American Red Cross - Collier County Chapter
· Salvation Army
· Collier County Sheriff's Office
· City of Naples Police and Emergency Services
· City of Marco Island, Police and Fire Departments
· East Naples Fire & Rescue District
· Golden Gate Fire & Rescue District
· Big Corkscrew Island Fire & Rescue District
· Immokalee Fire & Rescue District
· Collier County Emergency Management
· Collier County Emergency Medical Services
· Isles of Capri Fire & Rescue District
· Ochopee Fire Control District
,,--
CONSIDERATIONS: The Disaster Mutual Aid Agreement's purpose is to set forth, define and
establish mutual agreements, understandings and obligations between Collier County and the
listed public and private emergency/disaster response agencies in order to ensure a coordinated
response to a major emergency or disaster occurring within Collier County. The Agreement
specifies the responsibilities and types of assistance to be provided by each signatory agency at
the scene of an emergency or disaster, and will be used as the standard when such assistance is
required.
The Agreement has been reviewed and approved for form and legal sufficiency by Robert
Zachary, Assistant County Attorney.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve a Disaster Mutual
Aid Agreement between Collier County and multiple public and private emergency/disaster
response agencies.
~
Prepared By: Darcy Waldron, Sr. Administrative Assistant
Department of Emergency Management
Agenda Item No. 16F5
July 26, 2005
Page 2 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16F5
Meeting Date
Recommendation to approve a Disaster Mutual Aid Agreement between Collier County
and multiple public and private emergency/disaster response agencies.
7/26/20059:00:00 AM
Approved By
Darcy Waldron
Senior Administrative Assistant
Date
County Manager's Office
Emergency Management
7113/2005 1 :07 PM
Approved By
Dan E. Summers
Bureau of Emergency Services
Director
Date
County Manager's Office
Bureau of Emergency Services
7/13/20052:35 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
7/13/20054:13 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
7/13120055:28 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
7114/2005 1 :35 PM
Agenda Item No. 16F5
July 26, 2005
Page 3 of9
DISASTER MUTUAL AID AGREEMENT
This Agreement is made between and among Collier County, a political subdivision of the State of Florida,
and between and among the following agencies and districts:
. The American Red Cross - Collier County Chapter; (Addendum A) and
. The Salvation Army; (Addendum B) and
. Collier County Sheriff's Office; and
. City of Naples Police and Emergency Services; and
. City of Marco Island Police Department; and
. City of Marco Island Fire Department; and
. East Naples Fire Control & Rescue Department; and
· Golden Gate Fire Control & Rescue Department; and
· Big Corkscrew Island Fire & Control Rescue District; and
. Immokalee Fire Control District; and
· North Naples Fire Control & Rescue District; and
· Collier County Emergency Medical Services; and
. Collier County Emergency Management; and
· Isles of Capri Fire and Rescue District; and
· Ochopee Fire Control District.
WHEREAS, there is a need to set forth, define and establish the mutual agreements, understandings, and
obligations by and between Collier County and the Collier County Red Cross, the Salvation Army of Collier
County, Collier County Public Safety Agencies, Collier County Law Enforcement Agencies and Collier County Fire
Districts in the coordination of responses to a major emergency or disaster in Collier County as a whole; and
WHEREAS, this Agreement will be used as the standard when assistance is needed from the signatories to
this Agreement at the scene of major emergencies; and
WHEREAS. assistance may be in the form of personnel, food, water, ice, fuel, portable toilets and any
other matters needed at the disaster scene; and
WHEREAS, in order to facilitate this Agreement, the following terms are defined for the purposes stated
herein as follows:
1. The Incident Commander: The individual responsible for the management of all operations at the
disaster scene.
2. Disaster or Major Emergency: An occurrence, caused either by human action or natural phenomena
that exceeds the capability of the local jurisdiction requiring emergency services personnel to prevent
or minimize loss of life or damage to property and/or natural resources.
3. Logistics OfDcer: A member of the Incident Command Staff, at the disaster scene, responsible for
providing facilities, services, and materials for the emergency.
4. Logistics Representative: A member of the Emergency Operations Center, who, after coordinating
with the on-scene logistics officer. is responsible for contacting the appropriate service agencies or
vendors for the delivery of goods and services to the disaster scene.
5. Emergency Operations Center: A pre-designed facility established by Collier County to coordinate
the overall agency or jurisdictional response and support to an emergency.
6. Staging Area: A staging area is a location set up near the disaster scene where resources can be
placed while awaiting a tactical assignment.
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Agenda Item No. 16F5
July 26, 2005
Page 4 of 9
WITNESSETH
The above-stated ''Whereas'' clauses are incorporated in full into this Agreement and the Parties to this
Agreement hereby further agree among and between themselves as follows:
I. The Incident Commander wilI forward all requests for food, water, ice, fuel and portable toilets and
any other matters through the on-scene logistics officer to the Logistics Representative at the Collier
County Emergency Operation Center, (hereinafter "EOC").
2. The Logistics Representative will contact local service organizations or vendors for food and
commercial vendors for fuel and portable toilets.
3. The Logistics Representative shall secure prepared food only from vendors or facilities that are
properly licensed by Collier County or The State of Florida Department of Health.
4. The Parties agree and understand that neither The American Red Cross nor The Salvation Army will
assume any responsibility for any food or drink items brought to the scene by other parties.
5. The Incident Commander will have the followin~ resoonsibilities:
a. Food and Beveralles: The Incident Commander will provide a realistic number of meals that are
required for all EOC personnel at a Disaster scene, including fire, law enforcement, EMS and
public works personnel. At least three hours shall be allowed for preparation and delivery of all
meals. The Incident Commander shall ensure that all meals will be delivered to the Staging
Area(s) unless, in the opinion of the Incident Commander, other arrangements are required.
b. Fuel: The Incident Commander shall provide to the EOC the number of needed gallons of fuel
required because of the Disaster by fuel type, i.e. diesel, unleaded and etc., and the delivery
location if other than the Staging Area(s).
c. Portable Toilets: The Incident Commander shall provide the EOC with the required number of
portable toilets and the delivery location of the portable toilets.
6. The Collier County EmerJZ:encv Ooerations Center (EOC) will have the followinlZ resoonsibilities:
a. Upon notification from the Logistics Officer at Incident Command, the Logistics Officer at the
EOC will contact the appropriate provider with the requested order. The EOC Logistics
Representative will provide the Incident Command Logistics Representative with an estimated
time of arrival of the requested items.
b. The EOC will maintain a current listing, including nighttime phone numbers, of appropriate
vendors and service personnel.
c. If the emergency is expected to be protracted and continue for more than 12 hours, the EOC
Logistics Representative will schedule food delivery times with the Collier County Red Cross and
the Salvation Army.
d. The EOC will transmit a Public Safety Announcement to the local media that donations for the
disaster scene be coordinated through the local chapter of the Collier County Red Cross andlor
Salvation Army.
7. The Collier County Red Cross and The Collier Countv Salvation Army will have the following:
responsibilities:
a. Upon notification from Collier County EOC Logistics Representative, the American Red Cross or
the Salvation Army will begin making arrangements to obtain and deliver meals to the responders
who are at the scene of the Emergency.
b. The delivery point will be the Staging Area(s) unless otherwise directed by the EOC.
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Agenda Item No. 16F5
July 26, 2005
Page 5 of 9
c. Both agencies will attempt to deliver appropriate wholesome food to the maximum extent
possible. The agencies will provide the EOC Logistics representative with an estimated time of
arrival and will provide status update if times cannot be met.
d. To insure proper coordination, the Collier County American Red Cross Chapter and the Salvation
Army of Collier County will respond to meal requests that are issued by the EOC (no charge to
Collier County for ARC -SA services).
ATTEST:
D~GHTE.BROCK,CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Fred W. Coyle, Chairman
American Red Cross, Collier County Chapter
..*....*****..***..**....*..**.**..*.***.**...***.*..*.**..**........**...*.*........
~-!S~~
. AMI,*-nt tr A~
See attached Addendum A
.....................................................................................
Salvation Army
See attached Addendum B
fl.'"
......**.......*.......**....*...*.............*......*.*..*.*..**.*.....**.***.*.*.*
ty Sheriff's Oftice
First Witness:
S~ond Witness:
Typed or Printed Name
GK~ .oS",,/( o-t"z(4i'r
Typed or Printed Name
t By: 4. ~
SiUure ~
*******...***........*.....*.............*...*.....*......**..................**.....
City of Naples,
Police and Emergency Se
First Witness:
S~ond Witness:
-rlf ~ I-
By:
Ignature I Date -\ () ~
sf~ C 4p/L
Typed or Printed Name
By:
Signature I te 01-\0-QS
~~_~ . \L.crndL
yped or Printed Name
By:
/J#f'1,p ~ 'lI V/'9lr'fJi1-
Typed or Printed Name
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City of Marco Island,
Police and Fire Departments
Byd4d
Signature I Date
A . W:/J .... -. V"'\ t:1 f r
Typed or Printed Name
~;'5
First Witness:
Agenda Item No. 16F5
July 26, 2005
Page 6 of 9
Second Witness:
By~~'I.;'f~.lo,...
.-:r Signature I Date Signa ure I Date
,.6u JnOl /A.~nrtW?c.e..- Lu.vrc- L,+~~,
Typed or Printed Name Typed or Printed Name
*************************************************************************************
East Naples Fire Control
and Rescue Department
By: A
Signature I Date
1<6 ~.r St 4 A/V I<...
Typed or Printed Name
First Witness:
By~Ft!~:-; J.?/m
k.-{)'Dm ~S
Typed or Printed Name
Second Witness:
1'.~.0
By: (jS (~- I -I z. -0)
Signature I Date
RoofS PoTTel(JG7Z
Typed or Printed Name
*************************************************************************************
Golden Gate Fire Control
and Rescue Departmel\t
First Witness:
B~ f?-~.-10 By "'P~'it~- 0..Q.. 2.1'i~S
Signature I Date Signatur Date
~ALV ~. &-rer:s0',.v (t)f\R.'I f\~)jU Ca')U2.
Typed or Printed Name Typed or Printed Name
Second Witness:
BY&v4.~t1IYUJ cQ/,gjO'i
Signature I Date
U Ita Tcrna~tb 2.-1Y~
Typed or Printed Name
***************************************************..************.***************.***
Big Corkscrew Island Fire
and Rescue Department
By:
Signature IDe
~TA ~ C~~-,.
Typed or Printed Name
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First Witness:
BYJY~~
Signature I Date
tylJl!lhfd 1'. CltoJ$C~.v
Typed or Printed Name
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Second Witness:
By. Q.4-I)~
Signature I Date
IjdtiNYl U;. ~ ~rc
Typed or Printed Name
Page 4 of 5
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Immokalee Fire Control
Department
First Witness:
Agenda Item No. 16F5
July 26, 2005
Page 7of9
Second Witness:
BY'~ ~ ;'-'1-os
ignat I Date
1!9 ilL. V JIll{ c?:
T or Printed Name
B~t~~Ci;
Signature I Date
_~t.J.J C~~
Typed or Printed Name
~\~ zP/of
Signature I Date
8-{)5'
Typed or Printed Name
*******************************......*..******.*****.****........****.........*......
North Naples Fire Control
and Rescue Department
i Llf\u:)\\ \\'\\~ -tu
First Witness:
Second Witness:
rox -\-\ ~ ~~ V\-
By:
Signature I Date
By:
Signature I Date
By:
Signature I Date
Typed or Printed Name
Typed or Printed Name
Typed or Printed Name
. ........*......***.*.*......***...*..........**...*.**......................*.*......
Collier County Emergency Medical Services
Collier County Emergency Management
Isles of Capri Fire and Rescue District
Ochopee Fire Control District
(2."-
By:
Signature I Date
Board of County Commissioners,
Fred W. Coyle, Chairman
ATTF.ST:
DWIGHT E. BROCK. CLERK
Approved as to form and legal sufficiency:
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Agenda Item No. 16F5
July 26, 2005
Page 8 of 9
COLLIER COUNTY
DEPARTMENT OF EMERGENCY MANAGEMENT
3301 East Tamiami Trail · Naples, F10rida 34112 · (239) 774-8000 · Fax (239) 775-5008
ADDENDUM A
DISASTER MUTUAL AID AGREEMENT
*************************************************************************************
American Red Cross,
Collier County Chapter
First Witness: Second Witness:
~
Signature I Date
BY~ IU~
;Ie Signature lOate #Y/or
En~ L/i-t/~~
Typed or Printed Name Typed or Printed Name
*************************************************************************************
Approved as to form and legal sufficiency:
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Agenda Item No. 16F5
July 26, 2005
Page 9 of 9
COLLIER COUNTY
DEPARTMENT OF EMERGENCY MANAGEMENT
3301 East Tamiami Trail · Naples, Florida 34112 . (239) 774-8000 · Fax (239) 775-5008
ADDENDUM B
DISASTER MUTUAL AID AGREEMENT
.....................................................................................
1HE...... AIM'( A GEORGIA 00RP0RA110II fOR
Salvation Army First Witness:
Collier County Chapter
Second Witness:
By'A.hl& Vl{)l9f11 ) },l;rli\5
~
ature I Date
~CA.C~o~
Typed or Printed Name
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Approved as to form and legal sufficiency:
12:
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Assistant Count
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Agenda Item No. 16F6
July 26, 2005
Page 1 of 73
EXECUTIVE SUMMARY
Recommendation to approve Memorandums of Understanding between Collier County
and multiple public and private disaster relief and assistance agencies
OBJECTIVE: Board of County Commissioners approval of Memorandums of Understanding between
Collier County and the listed disaster relief and assistance agencies:
--
. American Red Cross of Collier County
. Catholic Charities of Collier County
. Civil Air Patrol, Marco Island Squadron
FL376
. Civil Air Patrol, Naples Squadron FL023
. Collier County Domestic Animal
Services
. Collier County Hunger & Homeless
Coalition
. Emmanuel Lutheran Church
. First Assembly of God
· First Church of Christ Scientist
. Florida Alert Response Team
. Habitat for Humanity of Collier County
· Immokalee Friendship House
. Jewish Family Services
. Marco Presbyterian Church
· Mayflower Congregational Church
· Naples United Church of Christ
· New Hope Ministries
. RSVP of Collier County
. Salvation Army
· Shepherd of the Glades
· United Church of Marco Island
· United Way of Collier County
· Veterans of Foreign Wars Post 7721
CONSIDERATIONS: Under Chapter 252, Florida Statutes, Collier County, through its Emergency
Management Department, provides coordination of emergency services within Collier County. Collier
County also coordinates the administration of relief activities of both public and private relief/disaster
assistance organizations that agree to volunteer their services under the direction or guidance of Collier
County authorities. Collier County may also utilize personnel and facilities of relief/disaster assistance
organizations, churches, temples and synagogues for the distribution of food, supplies, medicines and/or
other items and for temporary sheltering as a part of the County's relief activities.
The purpose of the Memorandums of Understanding is to set forth, define and establish mutual
agreements, understandings, guidelines and obligations between Collier County and the listed public and
private relief/disaster assistant agencies to coordinate relief efforts at the time of disaster.
The Memorandums of Understanding have been reviewed and approved for form and legal sufficiency
by Robert Zachary, Assistant County Attorney.
FISCAL IMP ACT: There is no Fiscal Impact associated with this Executive Summary.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
-
Agenda Item No. 16F6
July 26, 2005
Page 2 of 73
RECOMMENDATION: That the Board of County Commissioners approve the Memorandums of
Understanding between Collier County and multiple public and private disaster relief and assistance
agencies for the coordination of disaster relief to the residents of Collier County.
Prepared By: Darcy Waldron, Sr, Administrative Assistant
Department of Emergency Management
.-
Agenda Item No. 16F6
July 26, 2005
Page 3 of 73
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16F6
Meeting Date
Recommendation to approve Memorandums of Understanding between Collier County and
multiple public and private disaster relief and assistance agenCies
7/26/200590000 AM
Approved By
Darcy Waldron
Senior Administrative Assistant
Date
County Manager's Office
Emergency Management
7/13/20052:26 PM
Approved By
Dan E. Summers
Bureau of Emergency Services
Director
Date
County Manager's Office
Bureau of Emergency Services
7113/2005 2:36 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
7/13/20054:14 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
7113/20055:26 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
7/14/20053:29 PM
Agenda Item No. 16F6
July 26, 2005
Page 4 of 73
Memorandum of Understanding
Between
Collier County Board of Commissioners
And
American Red Cross of Collier County
I. Purpose: The purpose of this Memorandum of Understanding (MOU) is to set forth,
define and establish mutual agreements, understandings, and obligations by and
between the Collier County Board of County Commissioners, through its Emergency
Management Department and American Red Cross of Collier County.
II. Statement of Basic Responsibilities:
A. The Collier County Board of County Commissioners, through its
Emergency Management Department, provides coordination of emergency
services with Collier County, including incorporated areas. This includes
the selection and utilization of various resources and organizations capable
of rendering assistance. Under Chapter 252 of the Rorida Statutes, The
Collier County Board of County Commissioners, through its Emergency
Management Department, also coordinates the administration of relief
activities of both public and private relief or disaster assistance
organizations that agree to volunteer their services under the direction or
guidance of Collier County authorities. In addition, Collier County may
utilize personnel and facilities of relief or disaster assistance organizations,
churches, temples and synagogues in the distribution of food, relief
supplies, medicines and/or other items and temporary sheltering as part of
the restoration, rehabilitation or reconstruction of community services and
essential facilities whenever Collier County authorities deem it necessary.
B. Recognizing the increased demand for churches, temples, and synagogues
to supplement assistance and recovery to victims of both Presidentially
declared or undeclared disasters and the need to work in harmony with
local governments and private relief agencies, American Red Cross of
Collier County wishes to assist in rendering the most efficient service with
a minimum of duplication to the citizens and guests of Collier County.
III. Coordination of Effort: Cooperation and coordination between Collier County
Government, through its Emergency Management Department and American Red
Cross of Collier County at a time of major disaster and during the post-disaster
recovery period should be maintained at efficient levels and is part of the purpose of
this Agreement. The American Red Cross of Collier County works on a voluntary
basis as a member of the Collier Emergency Response Volunteer (CER V) Working
Group, and will make a continuing effort to acquaint its members with this
Agreement to assist Collier County government in carrying out mutual
responsibilities for disaster relief.
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Agenda Item No. 16F6
July 26, 2005
Page 5 of 73
III. Responsibilities:
A. Collier County Emergency Management Department agrees to the following:
1. Notify American Red Cross of Collier County of the potential need to
assist in activities following a disaster; and
2. Participate in and develop training in disaster response for the
members of American Red Cross of Collier County; and
3, Assist in the development plans for American Red Cross of Collier
County; and
4. Schedule periodic meetings and/or exercises to familiarize members of
disaster preparedness or recovery initiatives; and
5. Utilize, when and as appropriate, the services of American Red Cross
of Collier County for disaster relief and recovery projects; and
6. Collier County agrees to be responsible, to the extent provided under
Florida Statues 768.28, for its negligent acts, however, this
responsibility shall not serve as a waiver of Collier County's
Sovereign Immunity limits.
B. American Red Cross of Collier County agrees to:
1. Provide facilities andlor staff to Collier County at no charge during the
disaster recovery period; and
2. Provide a 24 hour contact person and alternates; and
3. Provide a representative to attend periodic meetings of the Collier
Emergency Response Volunteer (CERV) Working Group; and
4. Participate in exercises developed by the Emergency Management
Department; and
5. Provide the Emergency Management Department with an update of
facility and manpower capabilities at least annually prior to June of
each year.
C. Both of the above named parties agreed to the following:
1. No modifications or changes will be made to the facility/property by
the Collier County Representative without the express written approval
of the owner/operator; and
2. Prior to occupancy, representatives of both parties will inspect the
facility/property and will note any discrepancies on the inspection
form, andlor this agreement. Normal wear and tear is considered to be
the responsibility of the organization/owner/operator; and
3. The facility/property will be returned to the organization / owner I
operator in the same condition as it was when occupied/acquired.
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Agenda Item No. 16F6
July 26, 2005
Page 6 of 73
VI. Effective Date: This Agreement presents general and some specific guidelines by
which Collier County, through its Emergency Management Department, and American
Red Cross of Collier County will cooperate to aid victims at the time of disaster. In
witness thereof, the parties have executed this agreement on the date indicated. The
provisions of the Agreement will be effective from the date signed. Both parties have
the authority to amend provisions of this Memorandum of Understanding upon mutual
consent.
A TIEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Chairman
American Red Cross of Collier County
B~Q...Jl~JJ 6.},;.-. ~/ 'l /O~
'b:c:t 4rv~
Typed or Printed Name
Ji;~"1 ltJe-LTY
Typed or Printed Name
Secood Witness: jf
~lU {{lie' . YvltUUO
SignaturelDate
.-----
L1 }/rln . )OrYlOSKO
Typed or Printed Name
~ Wilness:
gn'!::k~
Approved as to form and legal sufficiency:
~
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Agenda Item No. 16F6
July 26, 2005
Page 7 of 73
Memorandum of Understanding
Between
Collier County Board of Commissioners
And
Catholic Charities of Collier County
I. Purpose: The purpose of this Memorandum of Understanding (MOD) is to set forth,
define and establish mutual agreements, understandings, and obligations by and
between The Collier County Board of County Commissioners, through its Emergency
Management Department, and Catholic Charities of Collier County.
II. Statement of Basic Responsibilities:
A. The Collier County Board of County Commissioners, through its
Emergency Management Department, provides coordination of emergency
services with Collier County, including incorporated areas. This includes
the selection and utilization of various resources and organizations capable
of rendering assistance. Under Chapter 252 of the Florida Statutes, The
Collier County Board of County Commissioners, through its Emergency
Management Department, also coordinates the administration of relief
activities of both public and private relief or disaster assistance
organizations that agree to volunteer their services under the direction or
guidance of Collier County authorities. In addition, Collier County may
utilize personnel and facilities of relief or disaster assistance organizations,
churches, temples and synagogues in the distribution of food, relief
supplies, medicines and/or other items and temporary sheltering as part of
the restoration, rehabilitation or reconstruction of community services and
essential facilities whenever Collier County authorities deem it necessary.
B. Recognizing the increased demand for churches, temples, and synagogues
to supplement assistance and recovery to victims of both Presidentially
declared or undeclared disasters and the need to work in harmony with
local governments and private relief agencies, Catholic Charities of Collier
County wishes to assist in rendering the most efficient service with a
minimum of duplication to the citizens and guests of Collier County.
III. Coordination of Effort: Cooperation and coordination between Collier County
Government, through its Emergency Management Department and Catholic Charities
of Collier County, at a time of major disaster and during the post-disaster recovery
period should be maintained at efficient levels and is part of the purpose of this
Agreement. Catholic Charities of Collier County works on a voluntary basis as a
member of the Collier Emergency Response Volunteer (CERV) Working Group, and
will make a continuing effort to acquaint its members with this Agreement to assist
Collier County government in carrying out mutual responsibilities for disaster relief.
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Agenda Item No. 16F6
July 26, 2005
Page 8 of 73
III. Responsibilities:
A. Collier County Emergency Management Department agrees to the following:
1. Notify Catholic Charities of Collier County of the potential need to
assist in activities following a disaster; and
2. Participate in and develop training in disaster response for the
members of Catholic Charities of Collier County; and
3. Assist in the development plans for Catholic Charities of Collier
County; and
4. Schedule periodic meetings and/or exercises to familiarize members of
disaster preparedness or recovery initiatives; and
5. Utilize, when and as appropriate. the services of Catholic Charities of
Collier County for disaster relief and recovery projects; and
6. Collier County agrees to be responsible, to the extent provided under
Florida Statues 768.28, for its negligent acts, however, this
responsibility shall not serve as a waiver of Collier County's
Sovereign Immunity limits,
B. Catholic Charities of Collier County agrees to:
1. Provide facilities and/or staff, as accessible and available, to Collier
County at no charge during the disaster recovery period; and
2. Provide a 24 hour contact person and alternates; and
3. Provide a representative to attend periodic meetings of the Collier
Emergency Response Volunteer (CERV) Working Group; and
4. Participate, as available. in exercises developed by the Emergency
Management Department; and
5. Provide the Emergency Management Department with an update of
facility and manpower capabilities at least annually prior to June of
each year.
C. Both of the above named parties agreed to the following:
1. No modifications or changes will be made to the facility/property by
the Collier County Representative without the express written approval
of the owner/operator; and
2. Prior to occupancy, representatives of both parties will inspect the
facility/property and will note any discrepancies on the inspection
form, and/or this agreement. Normal wear and tear is considered to be
the responsibility of the organization/owner/operator; and
3. The facility/property will be returned to the organization 1 owner /
operator in the same condition as it was when occupied/acquired.
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Agenda I tem No. 16F6
July 26, 2005
Page 9 of 73
VI. Effective Date: This Agreement presents general and some specific guidelines by
which Collier County, through its Emergency Management Department, and Catholic
Charities will cooperate to aid victims at the time of disaster. In witness thereof, the
parties have executed this agreement on the date indicated. The provisions of the
Agreement will be effective from the date signed. Both parties have the authority to
amend provisions of this Memorandum of Understanding upon mutual consent.
ATTEST:
DWIGHf E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Fred W. Coyle, Chainnan
Catholic Charities of Collier County
By: h A. J)~.~ ,L. 1 C.oo
Signature I Date
S..r~. R.. 1) ""&.,,,,$ Ie,
Typed or Printed Name
First Witness:
---;,r,JJ..:,~ i--4
SignaturelDate
a.;, /0 !:"
Second Witness:
14h4<-~~
S ignaturelDate
'Z-/ t:t /~S
I
/J1.,4 pel,'" <. G', ~ f~ ,. ,1),4-
Typed or Printed Name
0.1 i4,tA .-l tE //: 0 "1T
Typed or Printed Name
Approved as to form and legal sufficiency:
~
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Agenda Item No. 16F6
July 26, 2005
Page 10 of 73
Memorandum of Understanding
Between
ColJier County Board of Commissioners
And
Marco Island Civil Air Patrol Squadron FL376
I. Purpose: The purpose of this Memorandum of Understanding (MOU) is to set forth,
define and establish mutual agreements, understandings, and obligations by and between
The Collier County Board of County Commissioners, through its Emergency
Management Department, and Marco Island Civil Air Patrol Squadron FL376.
II. Statement of Basic Responsibilities:
A. The Collier County Board of County Commissioners, through its
Emergency Management Department, provides coordination of emergency
services with Collier County, including incorporated areas. This includes
the selection and utilization of various resources and organizations capable
of rendering assistance. Under Chapter 252 of the Florida Statutes, The
Collier County Board of County Commissioners, through its Emergency
Management Department, also coordinates the administration of relief
activities of both public and private relief or disaster assistance
organizations that agree to volunteer their services under the direction or
guidance of Collier County authorities. In addition, Collier County may
utilize personnel and facilities of relief or disaster assistance organizations,
churches, temples and synagogues in the distribution of food, relief
supplies, medicines and/or other items and temporary sheltering as part of
the restoration, rehabilitation or reconstruction of community services and
essential facilities whenever Collier County authorities deem it necessary.
B. Recognizing the increased demand for churches, temples, and synagogues
to supplement assistance and recovery to victims of both Presidentially
declared or undeclared disasters and the need to work in harmony with
local governments and private relief agencies, Marco Island Civil Air
Patrol Squadron FL376 wishes to assist in rendering the most efficient
service with a minimum of duplication to the citizens and guests of Collier
County.
Ill. Coordination of Effort: Cooperation and coordination between Collier County
Government, through its Emergency Management Department, and Marco Island Civil
Air Patrol Squadron FL376 at a time of major disaster and during the post-disaster
recovery period should be maintained at efficient levels and is part of the purpose of this
Agreement. Marco Island Civil Air Patrol Squadron FL376 works on a voluntary basis as
a member of the Collier Emergency Response Volunteer (CERV) Working Group, and
will make a continuing effort to acquaint its members with this Agreement to assist
Collier County government in carrying out mutual responsibilities for disaster relief.
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Agenda Item No. 16F6
July 26, 2005
Page 11 of 73
III. Responsibilities:
A. Collier County Emergency Management Department agrees to the following:
1. Notify Marco Island Civil Air Patrol Squadron FL376 of the potential
need to assist in activities following a disaster; and
2. - Participate in and develop training in disaster response for the
members of Marco Island Civil Air Patrol Squadron FL376; and
3. Assist in the development plans for Marco Island Civil Air Patrol
Squadron FL376; and
4. Schedule periodic meetings and/or exercises to familiarize members of
disaster preparedness or recovery initiatives; and
5. Utilize, when and as appropriate, the services of Marco Island Civil
Air Patrol Squadron FL376 for disaster relief and recovery projects;
and
6. Collier County agrees to be responsible, to the extent provided under
Florida Statues 768.28, for its negligent acts, however, this
responsibility shall not serve as a waiver of Collier County's
Sovereign Immunity limits.
B. Marco Island Civil Air Patrol Squadron FL376 agrees to:
1. Provide facilities and/or staff to Collier County at no charge during the
disaster recovery period; and
2. Provide a 24 hour contact person and alternates; and
3. Provide a representative to attend periodic meetings of the Collier
Emergency Response Volunteer (CERV) Working Group; and
.4. Participate in exercises developed by the Emergency Management
Department; and
5. Provide the Emergency Management Department with an update of
facility and manpower capabilities at least annually prior to June of
each year.
C. Both of the above named parties agreed to the following:
1. No modifications or changes will be made to the facility/property by
the Collier County Representative without the express written approval
of the owner/operator; and
2. Prior to occupancy, representatives of both parties will inspect the
facility/property and will note any discrepancies on the inspection
form, and/or this agreement. Normal wear and tear is considered to be
the responsibility of the organization/owner/operator; and
3. The facility / property will be returned to the organization / owner /
operator in the same condition as it was when occupied/acquired.
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Agenda Item No. 16F6
July 26, 2005
Page 12 of 73
V. Effective Date: This Agreement presents general and some specific guidelines by which
Collier County, through its Emergency Management Department, will cooperate to aid
victims at the time of disaster. In witness thereof, the parties have executed this
agreement on the date indicated. The provisions of the Agreement will be effecti ve from
the date signed. Both parties have the authority to amend. provisions of this
Memorandum of Understanding upon mutual consent.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Fred W. Coyle, Chairman
Marco Island Civil Air Patrol Squadron FL376
By:
Signature 1 Date
_l;-~ J r
Typed or Printed Name
First Witness:
~~ <it iJ)~
SignaturelDate
Second Witness:
~~ ~1Ji-
SignaturelDate
~leHARD j,.... uJAI{~Fie.l-f}
Typed or Printed Name
7.ftreJ c ( A h A- M HtC12-S ~e 2..J)
Typed or Printed Name
Approved as to form and legal sufficiency:
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Agenda Item No. 16F6
July 26,2005
Page 13 of 73
Memorandum of Understanding
Between
Collier County Board of Commissioners
And
Naples Civil Air Patrol Squadron FL023
I. Puroose: The purpose of this Memorandum of Understanding (MOU) is to set forth,
define and establish mutual agreements, understandings, and obligations by and
between The Collier County Board of County Commissioners, through its Emergency
Management Department, and Naples Civil Air Patrol Squadron FL023.
II. Statement of Basic Responsibilities:
A. The Collier County Board of County Commissioners, through its
Emergency Management Department, provides coordination of emergency
services with Collier County, including incorporated areas. This includes
the selection and utilization of various resources and organizations capable
of rendering assistance. Under Chapter 252 of the Florida Statutes, The
Collier County Board of County Commissioners, through its Emergency
Management Department, also coordinates the administration of relief
activities of both public and private relief or disaster assistance
organizations that agree to volunteer their services under the direction or
guidance of Collier County authorities. In addition, Collier County may
utilize personnel and facilities of relief or disaster assistance organizations,
churches, temples and synagogues in the distribution of food, relief
supplies, medicines and/or other items and temporary sheltering as part of
the restoration, rehabilitation or reconstruction of community services and
essential facilities whenever Collier County authorities deem it necessary.
B. Recognizing the increased demand for churches, temples, and synagogues
to supplement assistance and recovery to victims of both Presidentially
declared or undeclared disasters and the need to work in harmony with
local governments and private relief agencies, Naples Civil Air Patrol
Squadron FL023 wishes to assist in rendering the most efficient service
with a minimum of duplication to the citizens and guests of Collier
County.
III. Coordination of Effort: Cooperation and coordination between Collier County
Government, through its Emergency Management Department and Naples Civil Air
Patrol Squadron FL023 at a time of major disaster and during the post-disaster
recovery period should be maintained at efficient levels and is part of the purpose of
this Agreement. Naples Civil Air Patrol Squadron FL023 works on a voluntary basis
as a member of the Collier Emergency Response Volunteer (CERV) Working Group,
and will make a continuing effort to acquaint its members with this Agreement to
assist Collier County government in carrying out mutual responsibilities for disaster
relief.
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Agenda Item No. 16F6
July 26, 2005
Page 14 of73
III. Responsibilities:
A. Collier County Emergency Management Department agrees to the following:
1. Notify Naples Civil Air Patrol Squadron FL023 of the potential need
to assist in activities following a disaster; and
2. Participate in and develop training in disaster response for the
members of Naples Civil Air Patrol Squadron FL023; and
3. Assist in the development plans for Naples Civil Air Patrol Squadron
FL023; and
4. Schedule periodic meetings and/or exercises to familiarize members of
disaster preparedness or recovery initiatives; and
5. Utilize, when and as appropriate, the services of Naples Civil Air
Patrol Squadron FL023 for disaster relief and recovery projects; and
6. Collier County agrees to be responsible, to the extent provided under
Florida Statues 768.28, for its negligent acts, however, this
responsibility shall not serve as a waiver of Collier County's
Sovereign Immunity limits.
B. Naples Civil Air Patrol Squadron FL023 agrees to:
1. Provide facilities and/or staff to Collier County at no charge during the
disaster recovery period; and
2. Provide a 24 hour contact person and alternates; and
3. Provide a representative to attend periodic meetings of the Collier
Emergency Response Volunteer (CERV) Working Group; and
4. Participate in exercises developed by the Emergency Management
Department; and
5. Provide the Emergency Management Department with an update of
facility and manpower capabilities at least annually prior to June of
each year.
C. Both of the above named parties agreed to the following:
1. No modifications or changes will be made to the facility/property by
the Collier County Representative without the express written approval
of the owner/operator; and
2. Prior to occupancy, representatives of both parties will inspect the
facility/property and will note any discrepancies on the inspection
form, and/or this agreement. Normal wear and tear is considered to be
the responsibility of the organization/owner/operator; and
3. The faciIity/property will be returned to the organization / owner 1
operator in the same condition as it was when occupied/acquired.
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Agenda Item No. 16F6
July 26, 2005
Page 15 of 73
Effective Date: This Agreement presents general and some specific guidelines
by which Collier County, through its Emergency Management Department, will
cooperate to aid victims at the time of disaster. In witness thereof, the parties
have executed this agreement on the date indicated. The provisions of the
Agreement will be effective from the date signed. Both parties have the authority
to amend provisions of this Memorandum of Understanding upon mutual consent.
-
A TIEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
By:
Deputy Clerk
By:
Fred W. Coyle, Chairman
Naples Civil Air Patrol Squadron FL023
B~~ OFR:1>~S-
...J iY-w ~. r/Ae5~ C;YH~~
TypedorPrintedNameN~ ~rb~.
First Witness: ~~
d~710lAV~''-P~ .t7fI;EBOS ~. O/~c.s/
SignaturelDate ignaturelDate ~
..1>0 c.)6LA...s G J Po RIel'-{
Typed or Printed Name
l{t)A~~7' /1- ~~~~
Typed or Printed Name
Approved as to form and legal sufficiency:
;g ----;
~
Assistant County Au mey
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Agenda Item No. 16F6
July 26, 2005
Page 16 of 73
Memorandum of Understanding
Between
Collier County Board of Commissioners
And
Collier County Domestic Animal Services
I. Purpose: The purpose of this Memorandum of Understanding (MOU) is to set forth,
define and establish mutual agreements, understandings, and obligations by and
between The Collier County Board of County Commissioners, through its Emergency
Management Department, and Collier County Domestic Animal Services.
II. Statement of Basic Responsibilities:
A. The Collier County Board of County Commissioners, through its
Emergency Management Department, provides coordination of emergency
services with Collier County, including incorporated areas. This includes
the selection and utilization of various resources and organizations capable
of rendering assistance. Under Chapter 252 of the Florida Statutes, The
Collier County Board of County Commissioners, through its Emergency
Management Department, also coordinates the administration of relief
activities of both public and private relief or disaster assistance
organizations that agree to volunteer their services under the direction or
guidance of Collier County authorities. In addition, Collier County may
utilize personnel and facilities of relief or disaster assistance organizations,
churches, temples and synagogues in the distribution of food, relief
supplies, medicines and/or other items and temporary sheltering as part of
the restoration, rehabilitation or reconstruction of community services and
essential facilities whenever Collier County authorities deem it necessary.
B. Recognizing the increased demand for churches, temples, and synagogues
to supplement assistance and recovery to victims of both Presidentially
declared or undeclared disasters and the need to work in harmony with
local governments and private relief agencies, Collier County Domestic
Animal Services wishes to assist in rendering the most efficient service
with a minimum of duplication to the citizens and guests of Collier
County.
llI, Coordination of Effort: Cooperation and coordination between Collier County
Government, through its Emergency Management Department and Collier County
Domestic Animal Services at a time of major disaster and during the post-disaster
recovery period should be maintained at efficient levels and is part of the purpose of
this Agreement. Collier County Domestic Animal Services works on a voluntary
basis as a member of the Collier Emergency Response Volunteer (CERV) Working
Group, and will make a continuing effort to acquaint its members with this
Agreement to assist Collier County government in carrying out mutual
responsibilities for disaster relief.
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Agenda Item No. 16F6
July 26, 2005
Page 17 of73
IV. ResDODsibilities:
A. Collier County Emergency Management Department agrees to the following:
1. Notify Collier County Domestic Animal Services of the potential need
to assist in activities following a disaster; and
2. Participate in and develop training in disaster response for the
members of Collier County Domestic Animal Services; and
3. Assist in the development plans for Collier County Domestic Animal
Services; and
4. Schedule periodic meetings andlor exercises to familiarize members of
disaster preparedness or recovery initiatives; and
S. Utilize, when and as appropriate, the services of Collier County
Domestic Animal Services for disaster relief and recovery projects;
and
6, Collier County agrees to be responsible, to the extent provided under
Florida Statues 768.28, for its negligent acts, however, this
responsibility shall not serve as a waiver of Collier County's
Sovereign Immunity limits.
B, Collier County Domestic Animal Services agrees to:
1. Provide facilities andlor staff to Collier County at no charge during the
disaster recovery period; and
2. Provide a 24 hour contact person and alternates; and
3. Provide a representative to attend periodic meetings of the Collier
Emergency Response Volunteer (CERV) Working Group; and
4. Participate in exercises developed by the Emergency Management
Department; and
S. Provide the Emergency Management Department with an update of
facility and manpower capabilities at least annually prior to June of
each year.
C. Both of the above named parties agreed to the following:
1. No modifications or changes will be made to the facility/property by
the Collier County Representative without the express written approval
of the owner/operator; and
2. Prior to occupancy, representatives of both parties will inspect the
facility/property and will note any discrepancies on the inspection
form, and/or this agreement. Normal wear and tear is considered to be
the responsibility of the organization/owner/operator; and
3, The facility/property will be returned to the organization / owner /
operator in the same condition as it was when occupied/acquired.
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Agenda Item No. 16F6
July 26, 2005
Page 18 of 73
V. Effective Date: This Agreement presents general and some specific guidelines
by which Collier County, through its Emergency Management Department, will
cooperate to aid victims at the time of disaster. In witness thereof, the parties
have executed this agreement on the date indicated. The provisions of the
Agreement will be effective from the date signed. Both parties have the authority
to amend provisions of this Memorandum of Understanding upon mutual consent.
AITEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Chairman
Collier County Domestic Animal Services
By ~~ ~ ~,~"'-- ~/4::
Sign ture ate \..
~A~&Q A rAS10e.EtVA ~/2(()S
Typed or Printed Name
t,,.z -0 f
., "dr
l~fl';,.d!:/~
(!yjCJ1)J11r {fAs/~st(
Typed or Printed Name
Approved as to form and legal sufficiency:
~3~~
Assistant County Att ey
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Agenda Item No. 16F6
July 26, 2005
Page 19 of 73
Memorandum of Understanding
Between
Collier County Board of Commissioners
And
The Collier County.Hunger and Homeless Coalition
I, Purpose: The purpose of this Memorandum of Understanding (MOD) is to set forth,
define and establish mutual agreements, understandings, and obligations by and
between The Collier County Board of County Commissioners, through its Emergency
Management Department, and The Collier County Hunger and Homeless Coalition.
u. Statement of Basic Responsibilities:
A. The Collier County Board of County Commissioners, through its
Emergency Management Department, provides coordination of
emergency services with Collier County, including incorporated areas.
This includes the selection and utilization of various resources and
organizations capable of rendering assistance. Under Chapter 252 of
the Florida Statutes, The Collier County Board of County
Commissioners, through its Emergency Management Department, also
coordinates the administration of relief activities of both public and
private relief or disaster assistance organizations that agree to
volunteer their services under the direction or guidance of Collier
County authorities. In addition, Collier County may utilize personnel
and facilities of relief or disaster assistance organizations, churches,
temples and synagogues in the distribution of food, relief supplies,
medicines and/or other items and temporary sheltering as part of the
restoration, rehabilitation or reconstruction of community services and
essential facilities whenever Collier County authorities deem it
necessary.
B. Recognizing the increased demand for non-profit Human Service agencies to
supplement assistance and recovery to victims of both Presidentially declared
or undeclared disasters and the need to work in hannony with local
governments and private relief agencies, The Collier County Hunger and
Homeless Coalition wishes to assist in rendering the most efficient service
with a minimum of duplication to the citizens and guests of Collier County.
III. Coordination of Effort: Cooperation and coordination between Collier County
Government, through its Emergency Management Department and The Collier
County Hunger and Homeless Coalition at a time of major disaster and during the
post-disaster recovery period should be maintained at efficient levels and is part of
the purpose of this Agreement. The Collier County Hunger and Homeless Coalition
works on a voluntary basis as a member of the Collier Emergency Response
Volunteer (CERV) Working Group, and will make a continuing effort to acquaint its
members with this Agreement to assist Collier County government in carrying out
mutual responsibilities for disaster relief.
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Agenda Item No. 16F6
July 26, 2005
Page 20 of 73
IV. Responsibilities:
A. Collier County Emergency Management Department agrees to the following:
1. Notify The Collier County Hunger and Homeless Coalition of the
potential need to assist in activities following a disaster; and
2. Participate in and develop training in disaster response for the
members of The Collier County Hunger and Homeless Coalition and
member agencies; and
3. Assist in the development plans for The Collier County Hunger and
Homeless Coalition and member agencies; and
4. Schedule periodic meetings and/or exercises to familiarize members of
disaster preparedness or recovery initiatives; and
5. Utilize, when and as appropriate, the services of The Collier County
Hunger and Homeless Coalition and member agencies for disaster
relief and recovery projects; and
6. Collier County agrees to be responsible, to the extent provided under
Florida Statues 768.28, for its negligent acts, however, this
responsibility shall not serve as a waiver of Collier County's
Sovereign Immunity limits.
B. Collier County Hunger and Homeless Coalition and member agencies
agrees to:
1. Provide facilities and/or staff to Collier County at no charge during the
disaster recovery period; and
2. Provide a 24 hour contact person and alternates; and
3. Provide a representative to attend periodic meetings of the Collier
Emergency Response Volunteer (CERV) Working Group; and
4. Participate in exercises developed by the Emergency Management
Department; and
5. Provide the Emergency Management Department with an update of
facility and manpower capabilities at least annually prior to June of
each year.
C. Both of the above named parties agreed to the following:
1, No modifications or changes will be made to the facility/property by
the Collier County Representative without the express written approval
of the owner/operator; and
2. Prior to occupancy, representatives of both parties will inspect the
facility/property and will note any discrepancies on the inspection
form, and/or this agreement. Normal wear and tear is considered to be
the responsibility of the organization/owner/operator; and
3. The facility/property will be returned to the organization / owner /
operator in the same condition as it was when occupied/acquired.
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Agenda Item No. 16F6
July 26, 2005
Page 21 of 73
v. Effective Date: This Agreement presents general and some specific guidelines
by which Collier County, through its Emergency Management Department, the
Collier County Hunger and Homeless Coalition and member agencies, will
cooperate to aid victims at the time of disaster. In witness thereof, the parties
have executed this agreement on the date indicated. The provisions of the
Agreement will be effective from the date signed. Both parties have the authority
to amend provisions of this Memorandum of Understanding upon mutual consent.
AITEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Fred W. Coyle, Chairman
tJ~ iJ1)~
Signature Date
/Q;J,ri (/J>//,/h'Il S
Typed or Printed Name
First Witness:
\I'\~ G~G-~ ("i40S
Stgnatu ate
c1.::tn~ ~/c,/06
Signature/Date
bl.c......-~o.ap lr4-o~
Typed or Printed Name
M AR..Y AN I\J C () LI2
Typed or Printed Name
Approved as to form and legal sufficiency:
~~~~
Assistant County Atto ~
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Agenda Item No. 16F6
July 26, 2005
Page 22 of 73
Memorandum of Understanding
Between
Collier County Board of Commissioners
And
Emmanuel Lutheran Church
I. Purpose: The purpose of this Memorandum of Understanding (MOO) is to set forth,
define and establish mutual agreements, understandings, and obligations by and
between The Collier County Board of County Commissioners, through its Emergency
Management Department, and Emmanuel Lutheran Church.
II. Statement of Basic Responsibilities:
A. The Collier County Board of County Commissioners, through its
Emergency Management Department, provides coordination of emergency
services with Collier County, including incorporated areas. This includes
the selection and utilization of various resources and organizations capable
of rendering assistance. Under Chapter 252 of the Florida Statutes, The
Collier County Board of County Commissioners, through its Emergency
Management Department, also coordinates the administration of relief
activities of both public and private relief or disaster assistance
organizations that agree to volunteer their services under the direction or
guidance of Collier County authorities. In addition, Collier County may
utilize personnel and facilities of relief or disaster assistance organizations,
churches, temples and synagogues in the distribution of food, relief
supplies, medicines and/or other items and temporary sheltering as part of
the restoration, rehabilitation or reconstruction of community services and
essential facilities whenever Collier County authorities deem it necessary,
B. Recognizing the increased demand for churches, temples, and synagogues
to supplement assistance and recovery to victims of both Presidentially
declared or undeclared disasters and the need to work in harmony with
local governments and private relief agencies, Emmanuel Lutheran
Church wishes to assist in rendering the most efficient service with a
minimum of duplication to the citizens and guests of Collier County.
flI. Coordination of Effort: Cooperation and coordination between Collier County
Government, through its Emergency Management Department, and Emmanuel
Lutheran Church at a time of major disaster and during the post-disaster recovery
period should be maintained at efficient levels and is part of the purpose of this
Agreement. Emmanuel Lutheran Church works on a voluntary basis as a member of
the Collier Emergency Response Volunteer (CERV) Working Group, and will make a
continuing effort to acquaint its members with this Agreement to assist Collier
County government in carrying out mutual responsibilities for disaster relief.
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Agenda Item No. 16F6
July 26.2005
Page 23 of 73
IV.
Responsibilities:
A. Collier County Emergency Management Department agrees to the following:
1. Notify Emmanuel Lutheran Church of the potential need to assist in
activities following a disaster; and
2. Participate in and develop training in disaster response for the
members of Emmanuel Lutheran Church; and
3. Assist in the development plans for Emmanuel Lutheran Church; and
4. Schedule periodic meetings and/or exercises to familiarize members of
disaster preparedness or recovery initiatives; and
5. Utilize, when and as appropriate, the services of Emmanuel Lutheran
Church for disaster relief and recovery projects; and
6. Collier County agrees to be responsible, to the extent provided under
Florida Statues 768.28, for its negligent acts, however, this
responsibility shall not serve as a waiver of Collier County's
Sovereign Immunity limits.
B. Emmanuel Lutheran Church agrees to:
1. Provide facilities and/or staff to Collier County at no charge during the
disaster recovery period; and
2. Provide a 24 hour contact person and alternates; and
3. Provide a representative to attend periodic meetings of the Collier
Emergency Response Volunteer (CERV) Working Group; and
4. Participate in exercises developed by the Emergency Management
Department; and
5. Provide the Emergency Management Department with an update of
facility and manpower capabilities at least annually prior to June of
each year.
C. Both of the above named parties agreed to the following:
1. No modifications or changes will be made to the facility/property by
the Collier County Representative without the express written approval
of the owner/operator; and
2. Prior to occupancy, representatives of both parties will inspect the
facility/property and will note any discrepancies on the inspection
form, and/or this agreement. Normal wear and tear is considered to be
the responsibility of the organization/owner/operator; and
3. The facility/property will be returned to the organization / owner /
operator in the same condition as it was when occupied/acquired.
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Agenda Item No. 16F6
July 26, 2005
Page 24 of 73
v. Effective Date: This Agreement presents general and some specific guidelines
by which Collier County, through its Emergency Management Department, will
cooperate to aid victims at the time of disaster. In witness thereof, the parties
have executed this agreement on the date indicated. The provisions of the
Agreement will be effective from the date signed. Both parties have the authority
to amend provisions of this Memorandum of Understanding upon mutual consent.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Fred W. Coyle, Chairman
Emmanuel Lutheran Church
By:
Signature I Date
/Zt~ S-ftvftl f...
Typed or Printed Name
First Witness:
e::~tf~
AfIlNey t. /YItJtftedY
Typed or Printed Name '
LOCAl!::> rF 601-1~A-tl5 cJR.
Typed or Printed Name
Approved as to form and legal sufficiency:
~
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Agenda Item No. 16F6
July 26, 2005
Page 25 of 73
Memorandum of Understanding
Between
Collier County Board of Commissioners
And
First Assembly of God
I. Pumose: The purpose of this Memorandum of Understanding (MOU) is to set forth,
define and establish mutual agreements, understandings, and obligations by and
between The Collier County Board of County Commissioners, through its Emergency
Management Department, and First Assembly of God,
II. Statement of Basic Responsibilities:
A. The Collier County Board of County Commissioners, through its
Emergency Management Department, provides coordination of emergency
services with Collier County, including incorporated areas. This includes
the selection and utilization of various resources and organizations capable
of rendering assistance. Under Chapter 252 of the Florida Statutes, The
Collier County Board of County Commissioners, through its Emergency
Management Department, also coordinates the administration of relief
activities of both public and private relief or disaster assistance
organizations that agree to volunteer their services under the direction or
guidance of Collier County authorities. In addition, Collier County may
utilize personnel and facilities of relief or disaster assistance organizations.
churches, temples and synagogues in the distribution of food, relief
supplies, medicines and/or other items and temporary sheltering as part of
the restoration, rehabilitation or reconstruction of community services and
essential facilities whenever Collier County authorities deem it necessary.
B. Recognizing the increased demand for churches, temples, and synagogues
to supplement assistance and recovery to victims of both Presidentially
declared or undeclared disasters and the need to work in harmony with
local governments and private relief agencies, First Assembly of God
wishes to assist in rendering the most efficient service with a minimum of
duplication to the citizens and guests of Collier County.
III. Coordination of Effort: Cooperation and coordination between Collier County
Government, through its Emergency Management Department, and First Assembly of
God at a time of major disaster and during the post-disaster recovery period should be
maintained at efficient levels and is part of the purpose of this Agreement. First
Assembly of God works on a voluntary basis as a member of the Collier Emergency
Response Volunteer (CERV) Working Group, and will make a continuing effort to
acquaint its members with this Agreement to assist Collier County government in
carrying out mutual responsibilities for disaster relief.
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Agenda Item No. 16F6
July 26,2005
Page 26 of 73
IV. Responsibilities:
A. Collier County Emergency Management Department agrees to the following:
1. Notify First Assembly of God of the potential need to assist in
activities following a disaster; and
2. Participate in and develop training in disaster response for the
members of First Assembly of God; and
3. Assist in the development plans for First Assembly of God; and
4. Schedule periodic meetings and/or exercises to familiarize members of
disaster preparedness or recovery initiatives; and
5. Utilize, when and as appropriate, the services of First Assembly of
God for disaster relief and recovery projects; and
6. Collier County agrees to be responsible, to the extent provided under
Florida Statues 768.28, for its negligent acts, however, this
responsibility shall not serve as a waiver of Collier County's
Sovereign Immunity limits.
B. First Assembly of God agrees to:
1. Provide facilities and/or staff to Collier County at no charge during the
disaster recovery period; and
2. Provide a 24 hour contact person and alternates; and
3. Provide a representative to attend periodic meetings of the Collier
Emergency Response Volunteer (CERV) Working Group; and
4. Participate in exercises developed by the Emergency Management
Department; and
5. Provide the Emergency Management Department with an update of
facility and manpower capabilities at least annually prior to June of
each year.
C. Both of the above named parties agreed to the following:
1. No modifications or changes will be made to the facility/property by
the Collier County Representative without the express written approval
of the owner/operator; and
2. Prior to occupancy, representatives of both parties will inspect the
facilitylproperty and will note any discrepancies on the inspection
form, and/or this agreement. Normal wear and tear is considered to be
the responsibility of the organization/owner/operator; and
3. The facility/property will be returned to the organization / owner /
operator in the same condition as it was when occupied/acquired.
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Agenda Item No. 16F6
July 26, 2005
Page 27 of 73
v. Effective Date: This Agreement presents general and some specific guidelines
by which Collier County, through its Emergency Management Department, will
cooperate to aid victims at the time of disaster. In witness thereof, the parties
have executed this agreement on the date indicated, The provisions of the
Agreement will be effective from the date signed. Both parties have the authority
to amend provisions of this Memorandum of Understanding upon mutual consent.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Fred W. Coyle, Chairman
First Assembly of God
,
.
, .~. h
By: l, ,i ..' j)( i
S(grrattir~ IlDate
i f,~j r 1/ t1 f) A VI ,1 M rl L L z,,,. ..../
Typed or Printed Name
First Witness:
Cr.. .J-(, J.( r.. '-ovv.., :11/11 () S-
Sign~
~~~~
/SignaturelDate
.s%eh' &/Jes
Typed or Printed Name
~\ 11 K i3rOL.v n
Typed or Printed Name
Approved as to form and legal sufficiency:
~..---;
AssIstant County ttorney
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Agenda Item No. 16F6
July 26, 2005
Page 28 of 73
I ~
Memorandum of Understanding
Between
Collier County Board of Commissioners
And
First Church of Christ Scientist
I, Purpose: The purpose of this Memorandum of Understanding (MOD) is to set forth,
define and establish mutual agreements, understandings, and obligations by and
between The Collier County Board of County Commissioners, through its Emergency
Management Department, and First Church of Christ Scientist.
II, Statement of Basic Responsibilities:
A. The Collier County Board of County Commissioners, through its
Emergency Management Department, provides coordination of emergency
services with Collier County, including incorporated areas. This includes
the selection and utilization of various resources and organizations capable
of rendering assistance. Under Chapter 252 of the Florida Statutes, The
Collier County Board of County Commissioners, through its Emergency
Management Department, also coordinates the administration of relief
activities of both public and private relief or disaster assistance
organizations that agree to volunteer their services under the direction or
guidance of Collier County authorities. In addition, Collier County may
utilize personnel and facilities of relief or disaster assistance organizations,
churches, temples and synagogues in the distribution of food, relief
supplies, medicines andlor other items and temporary sheltering as part of
the restoration, rehabilitation or reconstruction of community services and
essential facilities whenever Collier County authorities deem it necessary.
B. Recognizing the increased demand for churches, temples, and synagogues
to supplement assistance and recovery to victims of both Presidentially
declared or undeclared disasters and the need to work in harmony with
local governments and private relief agencies, First Church of Christ
Scientist wishes to assist in rendering the most efficient service with a
minimum of duplication to the citizens and guests of Collier County.
ill. Coordination of Effort: Cooperation and coordination between Collier County
Government, through its Emergency Management Department and First Church of
Christ Scientist at a time of major disaster and during the post-disaster recovery
period should be maintained at efficient levels and is part of the purpose of this
Agreement. First Church of Christ Scientist works on a voluntary basis as a member
of the Collier Emergency Response Volunteer (CERV) Working Group, and will
make a continuing effort to acquaint its members with this Agreement to assist
Collier County government in carrying out mutual responsibilities for disaster relief.
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Agenda item No. 16F6
July 26, 2005
Page 29 of 73
ill.
Responsibilities:
A. Collier County Emergency Management Department agrees to the following:
1. Notify First Church of Christ Scientist of the potential need to assist in
activities following a disaster; and
2. Participate in and develop training in disaster response for the
members of First Church of Christ Scientist; and
3, Assist in the development plans for First Church of Christ Scientist;
and
4. Schedule periodic meetings and/or exercises to familiarize members of
disaster preparedness or recovery initiatives; and
5. Utilize, when and as appropriate, the services of First Church of Christ
Scientist for disaster relief and recovery projects; and
6. Collier County agrees to be responsible, to the extent provided under
Florida Statues 768.28, for its negligent acts, however, this
responsibility shall not serve as a waiver of Collier County's
Sovereign Immunity limits.
B. First Church of Christ Scientist agrees to:
1. Provide facilities and/or staff to Collier County at no charge during the
disaster recovery period; and
2. Provide a 24 hour contact person and alternates; and
3. Provide a representative to attend periodic meetings of the Collier
Emergency Response Volunteer (CERV) Working Group; and
4. Participate in exercises developed by the Emergency Management
Department; and
5. Provide the Emergency Management Department with an update of
facility and manpower capabilities at least annually prior to June of
each year.
C. Both of the above named parties agreed to the following:
1. No modifications or changes will be made to the facility/property by
the Collier County Representative without the express written approval
of the owner/operator; and
2. Prior to occupancy, representatives of both parties will inspect the
facility/property and will note any discrepancies on the inspection
form, and/or this agreement. Normal wear and tear is considered to be
the responsibility of the organization/owner/operator; and
3. The facility/property will be returned to the organization I owner /
operator in the same condition as it was when occupied/acquired.
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Agenda I tem No. 16F6
July 26, 2005
Page 30 of 73
V. Effective Date: This Agreement presents general and some specific guidelines
by which Collier County, through its Emergency Management Department, will
cooperate to aid victims at the time of disaster. In witness thereof, the parties
have executed this agreement on the date indicated. The provisions of the
Agreement will be effecti ve from the date signed. Both parties have the authority
to amend provisions of this Memorandum of Understanding upon mutual consent.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNfY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Fred W. Coyle. Chairman
First Church of Christ Scientist
By2a.......... l:'. (H"~
gnature I Date
~'5 a. c:,,/II-A/i
Typed or Printed Name
First Witness:
~_n/J . In)..,~A !fd/d.o<COS
c1Sign~::;m;t; -~ - [J-rl ~
Second Witness:
s' ~ .k!
SignaturelDate
~
I
~
-Jo /-eh ~ Su) / fz..er
Typed or Printed Name
SusAN 1<'. FA~E~ CI...I5,€1(.
Typed or Printed Name '
Approved as to form and legal sufficiency:
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Memorandum of Understanding
Between
Collier County Board of Commissioners
And
Florida Alert Response Team
Agenda Item No. 16F6
July 26, 2005
Page 31 of73
I. Purpose: The purpose of this Memorandum of Understanding (MOD) is to set forth,
define and establish mutual agreements, understandings, and obligations by and
between The Collier County Board of County Commissioners, through its Emergency
Management Department, and Florida Alert Response Team.
II. Statement of Basic Responsibilities:
A. The Collier County Board of County Commissioners, through its
Emergency Management Department, provides coordination of emergency
services with Collier County, including incorporated areas. This includes
the selection and utilization of various resources and organizations capable
of rendering assistance. Under Chapter 252 of the Florida Statutes, The
Collier County Board of County Commissioners, through its Emergency
Management Department, also coordinates the administration of relief
activities of both public and private relief or disaster assistance
organizations that agree to volunteer their services under the direction or
guidance of Collier County authorities. In addition, Collier County may
utilize personnel and facilities of relief or disaster assistance organizations,
churches, temples and synagogues in the distribution of food, relief
supplies, medicines andlor other items and temporary sheltering as part of
the restoration, rehabilitation or reconstruction of community services and
essential facilities whenever Collier County authorities deem it necessary.
B. Recognizing the increased demand for churches, temples, and synagogues
to supplement assistance and recovery t9 victims of both Presidentially
declared or undeclared disasters and the need to work in harmony with
local governments and private relief agencies, Florida Alert Response
Team wishes to assist in rendering the most efficient service with a
minimum of duplication to the citizens and guests of Collier County.
III. Coordination of Effort: Cooperation and coordination between Collier County
Government, through its Emergency Management Department and Florida Alert
Response Team at a time of major disaster and during the post-disaster recovery
period should be maintained at efficient levels and is part of the purpose of this
Agreement. Florida Alert Response Team works on a voluntary basis as a member of
the Collier Emergency Response Volunteer (CERV) Working Group, and will make a
continuing effort to acquaint its members with this Agreement to assist Collier
County government in carrying out mutual responsibilities for disaster relief.
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Agenda Item No. 16F6
July 26, 2005
Page 32 of 73
ITI. Responsibilities:
A. Collier County Emergency Management Department agrees to the following:
1. Notify Florida Alert Response Team of the potential need to assist in
activities following a disaster; and
2. Participate in and develop training in disaster response for the
members of Florida Alert Response Team; and
3. Assist in the development plans for Florida Alert Response Team; and
4. Schedule periodic meetings and/or exercises to familiarize members of
disaster preparedness or recovery initiatives; and
5. Utilize, when and as appropriate, the services of Florida Alert
Response Team for disaster relief and recovery projects; and
6. Collier County agrees to be responsible, to the extent provided under
Florida Statues 768.28, for its negligent acts, however, this
responsibility shall not serve as a waiver of Collier County's
Sovereign Immunity limits.
B, Florida Alert Response Team agrees to:
1. Provide facilities and/or staff to Collier County at no charge during the
disaster recovery period; and
2. Provide a 24 hour contact person and alternates; and
3. Provide a representative to attend periodic meetings of the Collier
Emergency Response Volunteer (CERV) Working Group; and
4. Participate in exercises developed by the Emergency Management
Department; and
5. Provide the Emergency Management Department with an update of
facility and manpower capabilities at least annually prior to June of
each year.
C. Both of the above named parties agreed to the following:
1. No modifications or changes will be made to the facility/property by
the Collier County Representative without the express written approval
of the owner/operator; and
2. Prior to occupancy, representatives of both parties will inspect the
facility/property and will note any discrepancies on the inspection
form, and/or this agreement. Normal wear and tear is considered to be
the responsibility of the organization/owner/operator; and
3. The facility/property will be returned to the organization / owner /
operator in the same condition as it was when occupied/acquired.
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Agenda Item No, 16F6
July 26, 2005
Page 33 of 73
V. Effective Date: This Agreement presents general and some specific guidelines
by which Collier County, through its Emergency Management Department, will
cooperate to aid victims at the time of disaster. In witness thereof, the parties
have executed this agreement on the date indicated, The provisions of the
Agreement will be effective from the date signed. Both parties have the a~thority
to amend provisions of this Memorandum of Understanding upon mutual consent.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Fred W, Coyle, Chairman
Florida Alert Response Team
~/~~
';;;3':: /-:3te u
~~L &.f
Typed or Printed Name
Second Witness:
--.Allin. JwllNlL> ~ I d-cD5
SignaturelDate
jQ:J;;e,~ lJ . (Ili\-z.l ~
Typed or nnted Name
Lib TDtmSrD
Typed or Printed Name
Approved as to form and legal sufficiency:
~
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Agenda Item No, 16F6
July 26, 2005
Page 34 of 73
Memorandum of Understanding
Between
Collier County Board of Commissioners
And
Habitat for Humanity of Collier County
I. Purpose: The purpose of this Memorandum of Understanding (MOU) is to set forth,
define and establish mutual agreements, understandings, and obligations by and
between The Collier County Board of County Commissioners, through its Emergency
Management Department, and Habitat for Humanity of Collier County.
II. Statement of Basic Responsibilities:
A. The Collier County Board of County Commissioners, through its
Emergency Management Department, provides coordination of emergency
services with Collier County, including incorporated areas. This includes
the selection and utilization of various resources and organizations capable
of rendering assistance. Under Chapter 252 of the Florida Statutes, The
Collier County Board of County Commissioners, through its Emergency
Management Department, also coordinates the administration of relief
activities of both public and private relief or disaster assistance
organizations that agree to volunteer their services under the direction or
guidance of Collier County authorities. In addition, Collier County may
utilize personnel and facilities of relief or disaster assistance organizations,
churches, temples and synagogues in the distribution of food, relief
supplies, medicines and/or other items and temporary sheltering as part of
the restoration, rehabilitation or reconstruction of community services and
essential facilities whenever Collier County authorities deem it necessary,
B. Recognizing the increased demand for churches, temples, and synagogues
to supplement assistance and recovery to victims of both Presidentially
declared or undeclared disasters and the need to work in harmony with
local governments and private relief agencies, Habitat for Humanity of
Collier County wishes to assist in rendering the most efficient service with
a minimum of duplication to the citizens and guests of Collier County.
III. Coordination of EtTort: Cooperation and coordination between Collier County
Government, through its Emergency Management Department and Habitat for
Humanity of Collier County at a time of major disaster and during the post-disaster
recovery period should be maintained at efficient levels and is part of the purpose of
this Agreement. Habitat for Humanity of Collier County works on a voluntary basis
as a member of the Collier Emergency Response Volunteer (CERV) Working Group,
and will make a continuing effort to acquaint its members with this Agreement to
assist Collier County government in carrying out mutual responsibilities for disaster
relief.
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Agenda Item No. 16F6
July 26, 2005
Page 35 of 73
III. Resoonsibilities:
A. Collier County Emergency Management Department agrees to the following;
1. Notify Habitat for Humanity of Collier County of the potential need to
assist in activities following a disaster; and
2. Participate in and develop training in disaster response for the
members of Habitat for Humanity of Collier County; and
3. Assist in the development plans for Habitat for Humanity of Collier
County; and
4. Schedule periodic meetings and/or exercises to familiarize members of
disaster preparedness or recovery initiatives; and
5. Utilize, when and as appropriate, the services of Habitat for Humanity
of Collier County for disaster relief and recovery projects; and
6. Collier County agrees to be responsible, to the extent provided under
Florida Statues 768.28, for its negligent acts, however, this
responsibility shall not serve as a waiver of Collier County's
Sovereign Immunity limits.
B. Habitat for Humanity of Collier County agrees to:
1. Provide facilities and/or staff to Collier County at no charge during the
disaster recovery period; and
2. Provide a 24 hour contact person and alternates; and
3. Provide a representative to attend periodic meetings of the Collier
Emergency Response Volunteer (CERV) Working Group; and
4, Participate in exercises developed by the Emergency Management
Department; and
5. Provide the Emergency Management Department with an update of
facility and manpower capabilities at least annually prior to June of
each year.
C. Both of the above named parties agreed to the following:
1. No modifications or changes will be made to the facility/property by
the Collier County Representative without the express written approval
of the owner/operator; and
2, Prior to occupancy, representatives of both parties will inspect the
facility/property and will note any discrepancies on the inspection
form, and/or this agreement. Normal wear and tear is considered to be
the responsibility of the organization/owner/operator; and
3. The facility/property will be returned to the organization / owner /
operator in the same condition as it was when occupied/acquired.
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Agenda Item No. 16F6
July 26, 2005
Page 36 of 73
v. Effective Date: This Agreement presents general and some specific guidelines
by which Collier County, through its Emergency Management Department, will
cooperate to aid victims at the time of disaster. In witness thereof, the parties
have executed this agreement on the date indicated. The provisions of the
. Agreement will be effective from the date signed. Both parties have the authority
to amend provisions of this Memorandum of Understanding upon mutual consent.
A TIEST:
DWIGIIT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNfY, FLORIDA
By:
Deputy Clerk
By:
Chairman
Habitat for Humanity of Collier County
BY:~~~k'~;_ 1/6/09
Signat I Date
J0,(< ~ \<nu.1o ~era-S
Typed or Printed Name
First Witness:
Z!.j1JtetJ
tvbn(J Gtnza IC2 -
Typed or Printed Name
S)~n~ Witness: cp'
dIL~OdJh5 _ /1. /irYJI11
SignaturelDate
d~ U JB5t7
Typed or Printed Name
Approved as to form and legal sufficiency:
A~~
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Agenda Item No. 16F6
July 26, 2005
Page 37 of 73
Memorandum of Understanding
Between
Collier County Board of Commissioners
And
Immokalee Friendship House
I. Purpose: The purpose of this Memorandum of Understanding (MOD) is to set forth,
define and establish mutual agreements, understandings, and obligations by and
between The Collier County Board of County Commissioners, through its Emergency
Management Department, and Immokalee Friendship House.
II. Statement of Basic Responsibilities:
A. The Collier County Board of County Commissioners, through its
Emergency Management Department, provides coordination of emergency
services with Collier County, including incorporated areas. This includes
the selection and utilization of various resources and organizations capable
of rendering assistance. Under Chapter 252 of the Florida Statutes, The
Collier County Board of County Commissioners, through its Emergency
Management Department, also coordinates the administration of relief
activities of both public and private relief or disaster assistance
organizations that agree to volunteer their services under the direction or
guidance of Collier County authorities. In addition, Collier County may
utilize personnel and facilities of relief or disaster assistance organizations,
churches, temples and synagogues in the distribution of food, relief
supplies, medicines andlor other items and temporary sheltering as part of
the restoration, rehabilitation or reconstruction of community services and
essential facilities whenever Collier County authorities deem it necessary.
B. Recognizing the increased demand for churches, temples, and synagogues
to supplement assistance and recovery to victims of both Presidentially
declared or undeclared disasters and the need to work in harmony with
local governments and private relief agencies, lmmokalee Friendship
House wishes to assist in rendering the most efficient service with a
minimum of duplication to the citizens and guests of Collier County.
III. Coordination of Effort: Cooperation and coordination between Collier County
Government, through its Emergency Management Department and Immokalee
Friendship House at a time of major disaster and during the post-disaster recovery
period should be maintained at efficient levels and is part of the purpose of this
Agreement. Immokalee Friendship House works on a voluntary basis as a member of
the Collier Emergency Response Volunteer (CERV) Working Group, and will make a
continuing effort to acquaint its members with this Agreement to assist Collier
County government in carrying out mutual responsibilities for disaster relief.
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Agenda Item No. 16F6
July 26, 2005
Page 38 of 73
III. Responsibilities:
A. Collier County Emergency Management Department agrees to the following:
1. Notify Immokalee Friendship House of the potential need to assist in
activities following a disaster; and
2. Participate in and develop training in disaster response for the
members of Immokalee Friendship House; and
3. Assist in the development plans for Immokalee Friendship House; and
4. Schedule periodic meetings and/or exercises to familiarize members of
disaster preparedness or recovery initiatives; and
5. Utilize, when and as appropriate, the services of Immokalee
Friendship House for disaster relief and recovery projects; and
6. Collier County agrees to be responsible, to the extent provided under
Florida Statues 768.28, for its negligent acts, however, this
responsibility shall not serve as a waiver of Collier County's
Sovereign Immunity limits.
B. Immokalee Friendship House agrees to:
1. Provide facilities and/or staff to Collier County at no charge during the
disaster recovery period; and
2. Provide a 24 hour contact person and alternates; and
3. Provide a representative to attend periodic meetings of the Collier
Emergency Response Volunteer (CERV) Working Group; and
4. Participate in exercises developed by the Emergency Management
Department; and
5. Provide the Emergency Management Department with an update of
facility and manpower capabilities at least annually prior to June of
each year.
C. Both of the above named parties agreed to the following:
1. No modifications or changes will be made to the facility/property by
the Collier County Representative without the express written approval
of the owner/operator; and
2. Prior to occupancy, representatives of both parties will inspect the
facility/property and will note any discrepancies on the inspection
form, and/or this agreement. Normal wear and tear is considered to be
the responsibility of the organization/owner/operator; and
3. The facility/property will be returned to the organization / owner /
operator in the same condition as it was when occupiedlacquired.
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Agenda Item No. 16F6
July 26, 2005
Page 39 of 73
v. Effective Date: This Agreement presents general and some specific guidelines
by which Collier County, through its Emergency Management Department, will
cooperate to aid victims at the time of disaster. In witness thereof, the parties
have executed this agreement on the date indicated. The provisions of the
Agreement will be effective from the date signed. Both parties have the authority
to amend provisions of this Memorandum of Understanding upon mutual consent.
AlTEST:
DWIOIIT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Fred W. Coyle, Chairman
Immokalee Friendship House
r.../. _
By: I v"'a<H:4.u :J - c) 7 -
Signature / Date
/Eo! ~a~s.e,
Typed or Printed Name
. .....
,. ~
~.ndWi~. &.U)
V~L-~ 2 7
SignaturelDate
j(dhr~d l!a.4"..,15
Typed or Pri ted Name
rI;:=D(UIIJ
...." EllpIrM MIy 21. 20lII
I" Ie I[~ ~ r;~: ( e 7--
Typed or Printed Name
Approved as to form and legal sufficiency:
R3.~~
Assistant County torney
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Agenda Item No. 16F6
July 26, 2005
Page 40 of 73
Memorandum of Understanding
Between
Collier County Board of Commissioners
And
Jewish Family Services .
I. Purpose: The purpose of this Memorandum of Understanding (MOD) is to set forth,
define and establish mutual agreements, understandings, and obligations by and
between The Collier County Board of County Commissioners, through its Emergency
Management Department, and Jewish Family Services.
II. Statement of Basic Responsibilities:
A. The Collier County Board of County Commissioners, through its
Emergency Management Department, provides coordination of emergency
services with Collier County, including incorporated areas. This includes
the selection and utilization of various resources and organizations capable
of rendering assistance. Under Chapter 252 of the Florida Statutes, The
Collier County Board of County Commissioners, through its Emergency
Management Department, also coordinates the administration of relief
activities of both public and private relief or disaster assistance
organizations that agree to volunteer their services under the direction or
guidance of Collier County authorities. In addition, Collier County may
utilize personnel and facilities of relief or disaster assistance organizations,
churches, temples and synagogues in the distribution of food, relief
supplies, medicines andlor other items and temporary sheltering as part of
the restoration, rehabilitation or reconstruction of community services and
essential facilities whenever Collier County authorities deem it necessary.
B. Recognizing the increased demand for churches, temples, and synagogues
to supplement assistance and recovery to victims of both Presidentially
declared or undeclared disasters and the need to work in harmony with
local governments and private relief agencies, Jewish Family Services
wishes to assist in rendering the most efficient service with a minimum of
duplication to the citizens and guests of Collier County.
III. Coordination of Effort: Cooperation and coordination between Collier County
Government, through its Emergency Management Department and Jewish Family
Services at a time of major disaster and during the post-disaster recovery period
should be maintained at efficient levels and is part of the purpose of this Agreement.
Jewish Family Services works on a voluntary basis as a member of the Collier
Emergency Response Volunteer (CERV) Working Group, and will make a continuing
effort to acquaint its members with this Agreement to assist Collier County
government in carrying out mutual responsibilities for disaster relief.
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Agenda Item No. 16F6
July 26, 2005
Page 41 of73
IV. Responsibilities:
A. Collier County Emergency Management Department agrees to the following:
1. Notify Jewish Family Services of the potential need to assist in
activities following a disaster; and
2. Participate in and develop training in disaster response for the
members of Jewish Family Services; and
3. Assist in the development plans for Jewish Family Services; and
4. Schedule periodic meetings andlor exercises to familiarize members of
disaster preparedness or recovery initiatives; and
5. Utilize, when and as appropriate, the services of Jewish Family
Services for disaster relief and recovery projects; and
6. Collier County agrees to be responsible, to the extent provided under
Florida Statues 768.28, for its negligent acts. however, this
responsibility shall not serve as a waiver of Collier County's
Sovereign Immunity limits.
B. Jewish Family Services agrees to:
1. Provide facilities and/or staff to Collier County at no charge during the
disaster recovery period; and
2. Provide a 24 hour contact person and alternates; and
3. Provide a representative to attend periodic meetings of the Collier
Emergency Response Volunteer (CERV) Working Group; and
4. Participate in exercises developed by the Emergency Management
Department; and
5. Provide the Emergency Management Department with an update of
facility and manpower capabilities at least annually prior to June of
each year.
C. Both of the above named parties agreed to the following:
1. No modifications or changes will be made to the facility/property by
the Collier County Representative without the express written approval
of the owner/operator; and
2. Prior to occupancy, representatives of both parties will inspect the
facility/property and will note any discrepancies on the inspection
form, andlor this agreement. Normal wear and tear is considered to be
the responsibility of the organization/owner/operator; and
3. The facility/property will be returned to the organization / owner /
operator in the same condition as it was when occupied/acquired.
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Agenda Item No. 16F6
July 26, 2005
Page 42 of 73
v. Effective Date: This Agreement presents general and some specific guidelines
by which Collier County, through its Emergency Management Department, will
cooperate to aid victims at the time of disaster. In witness thereof, the parties
have executed this agreement on the date indicated. The provisions of the
Agreement will be effective from the date signed. Both parties have the authority
to amend provisions of this Memorandum of Understanding upon mutual consent.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLlER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Fred W. Coyle, Chairman
Jewish Family Services
By: ?1;/-J 4//;" L
Signa e / Date C
Ale / ~ IV;/ leY'
Typed or Printed Name
--
'72dtJ..s
/
First Witness:
~iJI J))/~f\.
ign turelDate
~c.r 1<) IJIA.~^
T or Pnnted Name
& /7 !os-
I 1
tJC;;;~
SignaturelDate
~(1fo!
~ IIJ !A;,fle-&JS
Typed or Printed Name
Approved as to form and legal sufficiency:
~
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Agenda Item No. 16F6
July 26, 2005
Page 43 of 73
Memorandum of Understanding
Between
Collier County Board of Commissioners
And
Marco Presbyterian Church
I. Purpose: The purpose of this Memorandum of Understanding (MOD) is to set forth,
define and establish mutual agreements, understandings, and obligations by and
between The Collier County Board of County Commissioners, through its Emergency
Management Department, and Marco Presbyterian Church.
II. Statement of Basic Responsibilities:
A. The Collier County Board of County Commissioners, through its
Emergency Management Department, provides coordination of emergency
services with Collier County, including incorporated areas. This includes
the selection and utilization of various resources and organizations capable
of rendering assistance. Under Chapter 252 of the Florida Statutes, The
Collier County Board of County Commissioners, through its Emergency
Management Department, also coordinates the administration of relief
activities of both public and private relief or disaster assistance
organizations that agree to volunteer their services under the direction or
guidance of Collier County authorities. In addition, Collier County may
utilize personnel and facilities of relief or disaster assistance organizations,
churches, temples and synagogues in the distribution of food, relief
supplies, medicines andlor other items and temporary sheltering as part of
the restoration, rehabilitation or reconstruction of community services and
essential facilities whenever Collier County authorities deem it necessary.
B. Recognizing the increased demand for churches, temples, and synagogues
to supplement assistance and recovery to victims of both Presidentially
declared or undeclared disasters and the need to work in harmony with
local governments and private relief agencies, Marco Presbyterian Church
wishes to assist in rendering the most efficient service with a minimum of
duplication to the citizens and guests of Collier County.
III. Coordination of Effort: Cooperation and coordination between Collier County
Government, through its Emergency Management Department and Marco
Presbyterian Church at a time of major disaster and during the post-disaster recovery
period should be maintained at efficient levels and is part of the purpose of this
Agreement. Marco Presbyterian Church works on a voluntary basis as a member of
the Collier Emergency Response Volunteer (CERV) Working Group, and will make a
continuing effort to acquaint its members with this Agreement to assist Collier
County government in carrying out mutual responsibilities for disaster relief.
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Agenda Item No. 16F6
July 26, 2005
Page 44 of 73
IV. Responsibilities:
A. Collier County Emergency Management Department agrees to the following:
1. Notify Marco Presbyterian Church of the potential need to assist in
acti vities following a disaster; and
2. Participate in and develop training in disaster response for the
members of Marco Presbyterian Church; and
3. Assist in the development plans for Marco Presbyterian Church; and
4. Schedule periodic meetings andlor exercises to familiarize members of
disaster preparedness or recovery initiatives; and
5. Utilize, when and as appropriate, the services of Marco Presbyterian
Church for disaster relief and recovery projects; and
6. Collier County agrees to be responsible, to the extent provided under
Florida Statues 768.28, for its negligent acts, however, this
responsibility shall not serve as a waiver of Collier County's
Sovereign Immunity limits.
B. Marco Presbyterian Church agrees to:
1. Provide facilities and/or staff to Collier County at no charge during the
disaster recovery period; and
2. Provide a 24 hour contact person and alternates; and
3. Provide a representative to attend periodic meetings of the Collier
Emergency Response Volunteer (CERV) Working Group; and
4. Participate in exercises developed by the Emergency Management
Department; and
5. Provide the Emergency Management Department with an update of
facility and manpower capabilities at least annually prior to June of
each year.
C. Both of the above named parties agreed to the following:
1. No modifications or changes will be made to the facility/property by
the Collier County Representative without the express written approval
of the owner/operator; and
2. Prior to occupancy, representatives of both parties will inspect the
facility/property and will note any discrepancies on the inspection
form, and/or this agreement. Normal wear and tear is considered to be
the responsibility of the organization/owner/operator; and
3. The facility/property will be returned to the organization / owner /
operator in the same condition as it was when occupied/acquired.
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Agenda Item No. 16F6
July 20, 2005
Page 45 of 73
v. Effective Date: This Agreement presents general and some specific guidelines
by which Collier County, through its Emergency Management Department, will
cooperate to aid victims at the time of disaster. In witness thereof, the parties
have executed this agreement on the date indicated. The provisions of the
Agreement will be effecti ve from the date signed. Both parties have the authority
to amend provisions of this Memorandum of Understanding upon mutual consent.
ATTEST:
DWIGIIT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Fred W. Coyle, Chairman
By:
Jrm
L ~ert-rS
Typed or Printed Name
~
SignaturelDate
Second Witness:
f, {)J 'i>hr& p>> I ~r
Signatur'e1Date
~eAS\\tJE:.. f\;\. D~CY=::6
Typed or Printed Name
mC\ m. S\ctiliv~t
Typed or Printed Name
Approved as to form and legal sufficiency:
~
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Agenda Item No. 16F6
July 26, 2005
Page 46 of 73
Memorandum of Understanding
Between
Collier County Board of Commissioners
And
Mayflower Congregational Church
I. Purpose: The purpose of this Memorandum of Understanding (MOU) is to i:>et forth,
define and establish mutual agreements, understandings, and obligations by and
between The Collier County Board of County Commissioners, through its Emergency
Management Department, and Mayflower Congregational Church.
II. Statement of Basic Responsibilities:
A. The Collier County Board of County Commissioners, through its
Emergency Management Department, provides coordination of emergency
services with Collier County, including incorporated areas. This includes
the selection and utilization of various resources and organizations capable
of rendering assistance. Under Chapter 252 of the Florida Statutes, The
Collier County Board of County Commissioners, through its Emergency
Management Department, also coordinates the administration of relief
activities of both public and private relief or disaster assistance
organizations that agree to volunteer their services under the direction or
guidance of Collier County authorities. In addition, Collier County may
utilize personnel and facilities of relief or disaster assistance organizations.
churches, temples and synagogues in the distribution of food, relief
supplies, medicines and/or other items and temporary sheltering as part of
the restoration, rehabilitation or reconstruction of community services and
essential facilities whenever Collier County authorities deem it necessary.
B. Recognizing the increased demand for churches, temples, and synagogues
to supplement assistance and recovery to victims of both Presidentially
declared or undeclared disasters and the need to work in harmony with
local governments and private relief agencies, Mayflower Congregational
Church wishes to assist in rendering the most efficient service with a
minimum of duplication to the citizens and guests of Collier County.
III. Coordination of Effort: Cooperation and coordination between Collier County
Government, through its Emergency Management Department and Mayflower
Congregational Church at a time of major disaster and during the post-disaster
recovery period should be maintained at efficient levels and is part of the purpose of
this Agreement. Mayflower Congregational Church works on a voluntary basis as a
member of the Collier Emergency Response Volunteer (CERV) Working Group, and
will make a continuing effort to acquaint its members with this Agreement to assist
Collier County government in carrying out mutual responsibilities for disaster relief.
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Agenda Item No. 16F6
July 26, 2005
Page 47 of 73
III. Responsibilities:
A. Collier County Emergency Management Department agrees to the following:
1. Notify Mayflower Congregational Church of the potential need to
assist in activities following a disaster; and
2. Participate in and develop training in disaster response for the
members of Mayflower Congregational Church; and
3. Assist in the development plans for Mayflower Congregational
Church; and
4. Schedule periodic meetings andlor exercises to familiarize members of
disaster preparedness or recovery initiatives; and
5. Utilize, when and as appropriate, the services of Mayflower
Congregational Church for disaster relief and recovery projects; and
6. Collier County agrees to be responsible, to the extent provided under
Florida Statues 768.28, for its negligent acts, however, this
responsibility shall not serve as a waiver of Collier County's
Sovereign Immunity limits.
B. Mayflower Congregational Church agrees to:
1. Provide facilities and/or staff to Collier County at no charge during the
disaster recovery period; and
2. Provide a 24 hour contact person and alternates; and
3. Provide a representative to attend periodic meetings of the Collier
Emergency Response Volunteer (CERV) Working Group; and
4. Participate in exercises developed by the Emergency Management
Department; and
5. Provide the Emergency Management Department with an update of
facility and manpower capabilities at least annually prior to June of
each year.
C. Both of the above named parties agreed to the following:
1. No modifications or changes will be made to the facility/property by
the Collier County Representative without the express written approval
of the owner/operator; and
2. Prior to occupancy, representatives of both parties will inspect the
facility/property and will note any discrepancies on the inspection
form, andlor this agreement. Normal wear and tear is considered to be
the responsibility of the organization/owner/operator; and
3. The facility/property will be returned to the organization / owner /
operator in the same condition as it was when occupied/acquired.
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Agenda Item No. 16F6
July 26, 2005
Page 48 of 73
v. Effective Date: This Agreement presents general and some specific guidelines
by which Collier County, through its Emergency Management Department, will
cooperate to aid victims at the time of disaster. In witness thereof, the parties
have executed this agreement on the date indicated. The provisions of the
Agreement will be effective from the date signed. Both parties have the authority
to amend provisions of this Memorandum of Understanding upon mutual consent.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Fred W. Coyle, Chairman
Mayflower Congregational Church
By: if~ ,x ~ ..y,;J-2,,&~---
Signature / Date
€. J..... A I fU E ).... . ~ \2 I IS E r<-
Typed or Printed Name
First Witness:
/2v~:~~~~
SignaturelDate /
Second Witness:
s~ ~ ~1or
R(){3€C2. -r- e. ~U)N'&ewi)
Typed or Printed Name
1SI2T7~ FOR- D
Typed or Printed Name
Approved as to form and legal sufficiency:
~
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Agenda Item No. 16F6
July 26, 2005
Page 49 of 73
Memorandum of Understanding
Between
Collier County Board of Commissioners
And
Naples United Church of Christ
I. Purpose: The purpose of this Memorandum of Understanding (MOU) is to set forth,
define and establish mutual agreements, understandings, and obligations by and
between The Collier County Board of County Commissioners, through its Emergency
Management Department, and Naples United Church of Christ.
II. Statement of Basic Responsibilities:
A. The Collier County Board of County Commissioners, through its
Emergency Management Department, provides coordination of emergency
services with Collier County, including incorporated areas. This includes
the selection and utilization of various resources and organizations capable
of rendering assistance. Under Chapter 252 of the Florida Statutes, The
Collier County Board of County Commissioners, through its Emergency
Management Department, also coordinates the administration of relief
activities of both public and private relief or disaster assistance
organizations that agree to volunteer their services under the direction or
guidance of Collier County authorities. In addition, Collier County may
utilize personnel and facilities of relief or disaster assistance organizations,
churches, temples and synagogues in the distribution of food, relief
supplies, medicines and/or other items and temporary sheltering as part of
the restoration, rehabilitation or reconstruction of community services and
essential facilities whenever Collier County authorities deem it necessary.
B. Recognizing the increased demand for churches, temples, and synagogues
to supplement assistance and recovery to victims of both Presidentially
declared or undeclared disasters and the need to work in harmony with
local governments and private relief agencies, Naples United Church of
Christ wishes to assist in rendering the most efficient service with a
minimum of duplication to the citizens and guests of Collier County.
III. Coordination of Effort: Cooperation and coordination between Collier County
Government, through its Emergency Management Department and Naples United
Church of Christ at a time of major disaster and during the post-disaster recovery
periOd should be maintained at efficient levels and is part of the purpose of this
Agreement. Naples United Church of Christ works on a voluntary basis as a member
of the Collier Emergency Response Volunteer (CERV) Working Group, and will
make a continuing effort to acquaint its members with this Agreement to assist
Collier County government in carrying out mutual responsibilities for disaster relief.
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Agenda Item No, 16F6
July 26, 2005
Page 50 of 73
III. Resoonsibilities:
A. Collier County Emergency Management Department agrees to the following:
1. Notify Naples United Church of Christ of the potential need to assist in
activities following a disaster; and
2. Participate in and develop training in disaster response for the
members of Naples United Church of Christ; and
3. Assist in the development plans for Naples United Church of Christ;
and
4. Schedule periodic meetings andlor exercises to familiarize members of
disaster preparedness or recovery initiatives; and
5. Utilize, when and as appropriate, the services of Naples United Church
of Christ for disaster relief and recovery projects; and
6. Collier County agrees to be responsible, to the extent provided under
Florida Statues 768.28, for its negligent acts, however, this
responsibility shall not serve as a waiver of Collier County's
Sovereign Immunity limits.
B. Naples United Church of Christ agrees to:
1. Provide facilities and/or staff to Collier County at no charge during the
disaster recovery period; and
2. Provide a 24 hour contact person and alternates; and
3. Provide a representative to attend periodic meetings of the Collier
Emergency Response Volunteer (CERV) Working Group; and
4. Participate in exercises developed by the Emergency Management
Department; and
5. Provide the Emergency Management Department with an update of
facility and manpower capabilities at least annually prior to June of
each year.
C. Both of the above named parties agreed to the following:
1. No modifications or changes will be made to the facility/property by
the Collier County Representative without the express written approval
of the owner/operator; and
2. Prior to occupancy, representatives of both parties will inspect the
facility/property and will note any discrepancies on the inspection
form, and/or this agreement. Normal wear and tear is considered to be
the responsibility of the organization/owner/operator; and
3. The facility/property will be returned to the organization / owner /
operator in the same condition as it was when occupied/acquired.
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Agenda Item No. 16F6
July 26, 2005
Page 51 of 73
V. Effective Date: This Agreement presents general and some specific guidelines
by which Collier County, through its Emergency Management Department, will
cooperate to aid victims at the time of disaster. In witness thereof, the parties
have executed this agreement on the date indicated. The provisions of the
Agreement will be effective from the date signed. Both parties have the authority
to amend provisions of this Memorandum of Understanding upon mutual consent.
A TI'EST:
D~GHTE.BROCK,CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
By:
Deputy Clerk
By:
Chairman
Naples United Church or Christ
By: f}-:J c~ --4'
Signature / Date
-
/- 2~ -oJ
b,^vl~daYJ.1~
Typed or Printed Name
First Witness:
Si~f1:!!/;:(j r
T~~n~~~
~ Witness: ~
1/zu15 (UC/J.n.W. , L4- I} ~J.Q-l 0<;
Slgnature/Date
\j Q \ ~ '(~\ Q G r: \.Qr \.4-\^.
Typed or Printed Name
Approved as to form and legal sufficiency:
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Agenda Item No. 16F6
July 26, 2005
Page 52 of 73
Memorandum of Understanding
Between
Collier County Board of Commissioners
And
New Hope Ministries
I. Purpose: The purpose of this Memorandum of Understanding (MOU) is to set forth.
define and establish mutual agreements, understandings, and obligations by and
between The Collier County Board of County Commissioners, through its Emergency
Management Department, and New Hope Ministries.
II. Statement of Basic Responsibilities:
A. The Collier County Board of County Commissioners, through its
Emergency Management Department, provides coordination of emergency
services with Collier County, including incorporated areas. This includes
the selection and utilization of various resources and organizations capable
of rendering assistance. Under Chapter 252 of the Florida Statutes, The
Collier County Board of County Commissioners, through its Emergency
Management Department, also coordinates the administration of relief
activities of both public and private relief or disaster assistance
organizations that agree to volunteer their services under the direction or
guidance of Collier County authorities. In addition, Collier County may
utilize personnel and facilities of relief or disaster assistance organizations,
churches, temples and synagogues in the distribution of food, relief
supplies, medicines and/or other items and temporary sheltering as part of
the restoration, rehabilitation or reconstruction of community services and
essential facilities whenever Collier County authorities deem it necessary.
B. Recognizing the increased demand for churches, temples, and synagogues
to supplement assistance and recovery to victims of both Presidentially
declared or undeclared disasters and the need to work in harmony with
local governments and private relief agencies, New Hope Ministries
wishes to assist in rendering the most efficient service with a minimum of
duplication to the citizens and guests of Collier County.
III. Coordination of Effort: Cooperation and coordination between Collier County
Government, through its Emergency Management Department and New Hope
Ministries at a time of major disaster and during the post-disaster recovery period
should be maintained at efficient levels and is part of the purpose of this Agreement.
New Hope Ministries works on a voluntary basis as a member of the Collier
Emergency Response Volunteer (CERV) Working Group, and will make a continuing
effort to acquaint its members with this Agreement to assist Collier County
government in carrying out mutual responsibilities for disaster relief.
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Agenda Item No. 16F6
July 26, 2005
Page 53 of 73
III. Responsibilities:
A. Collier County Emergency Management Department agrees to the following:
1. Notify New Hope Ministries of the potential need to assist in activities
following a disaster; and
2. Participate in and develop training in disaster response for the
members of New Hope Ministries; and
3. Assist in the development plans for New Hope Ministries; and
4. Schedule periodic meetings and/or exercises to familiarize members of
disaster preparedness or recovery initiatives; and
5. Utilize, when and as appropriate, the services of New Hope Ministries
for disaster relief and recovery projects; and
6. Collier County agrees to be responsible, to the extent provided under
Florida Statues 768.28, for its negligent acts, however, this
responsibility shall not serve as a waiver of Collier County's
Sovereign Immunity limits.
B. New Hope Ministries agrees to:
1. Provide some portion of their facility andlor staff to Collier County at
no charge during the disaster recovery period; and
2. Provide a 24 hour contact person and alternates; and
3. Provide a representative to attend periodic meetings of the Collier
Emergency Response Volunteer (CERV) Working Group; and
4. Participate in exercises developed by the Emergency Management
Department; and
5. Provide the Emergency Management Department with an update of
facility and manpower capabilities at least annually prior to June of
each year.
C. Both of the above named parties agreed to the following:
1. No modifications or changes will be made to the facility/property by
the Collier County Representative without the express written approval
of the owner/operator; and
2. Prior to occupancy, representatives of both parties will inspect the
facility/property and will note any discrepancies on the inspection
form, andlor this agreement. Normal wear and tear is considered to be
the responsibility of the organization/owner/operator; and
3. The facility/property will be returned to the organization / owner /
operator in the same condition as it was when occupiedlacquired.
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Agenda Item No. 16F6
July 26, 2005
Page 54 of 73
v. Effective Date: This Agreement presents general and some specific guidelines
by which Collier County, through its Emergency Management Department, will
cooperate to aid victims at the time of disaster. In witness thereof, the parties
have executed this agreement on the date indicated. The provisions of the
Agreement will be effective from the date signed. Both parties have the authority
to amend provisions of this Memorandum of Understanding upon mutual consent.
New Hope Ministries has the power to withdraw from this agreement upon
written notice.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Fred W. Coyle, Chairman
New Hope Ministries
~
By:
Signature / Date
G/t.A-~T T h.~fW
Typed or Printed N e
V~ ~~O
SignaturelDate .); I, '" (Os-
Second Witness:
\!~ c.-r~
Sign~relDate
2~llf-05
First Witness:
VI"c..{C; f- IOW,JSf.tJ~
Typed or Printed Name
L\.jtC- tt ~ rre~
Typed or Printed Name
Approved as to form and legal sufficiency:
~
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Agenda Item No. 16F6
July 26, 2005
Page 55 of 73
Memorandum of Understanding
Between
Collier County Board of Commissioners
And
RSVP of Collier County
I. Purpose: The purpose of this Memorandum of Understanding (MOU) is to set forth,
define and establish mutual agreements, understandings, and obligations by and
between The Collier County Board of County Commissioners, through its Emergency
Management Department, and RSVP of Collier County.
II. Statement of Basic Responsibilities:
A. The Collier County Board of County Commissioners, through its
Emergency Management Department, provides coordination of emergency
services with Collier County, including incorporated areas. This includes
the selection and utilization of various resources and organizations capable
of rendering assistance. Under Chapter 252 of the Florida Statutes, The
Collier County Board of County Commissioners, through its Emergency
Management Department, also coordinates the administration of relief
activities of both public and private relief or disaster assistance
organizations that agree to volunteer their services under the direction or
guidance of Collier County authorities. In addition, Collier County may
utilize personnel and facilities of relief or disaster assistance organizations,
churches, temples and synagogues in the distribution of food, relief
supplies, medicines andlor other items and temporary sheltering as part of
the restoration, rehabilitation or reconstruction of community services and
essential facilities whenever Collier County authorities deem it necessary.
B. Recognizing the increased demand for churches, temples, and synagogues
to supplement assistance and recovery to victims of both Presidentially
declared or undeclared disasters and the need to work in harmony with
local governments and private relief agencies, RSVP of Collier County
wishes to assist in rendering the most efficient service with a minimum of
duplication to the citizens and guests of Collier County.
III. Coordination of Effort: Cooperation and coordination between Collier County
Government, through its Emergency Management Department and RSVP of Collier
County at a time of major disaster and during the post-disaster recovery period should
be maintained at efficient levels and is part of the purpose of this Agreement. RSVP
of Collier County works on a voluntary basis as a member of the Collier Emergency
Response Volunteer (CERV) Working Group, and will make a continuing effort to
acquaint its members with this Agreement to assist Collier County government in
carrying out mutual responsibilities for disaster relief.
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Agenda Item No. 16F6
July 26, 2005
Page 56 of 73
III. Responsibilities:
A. Collier County Emergency Management Department agrees to the following:
1. Notify RSVP of Collier County of the potential need to assist in
activities following a disaster; and
2. Participate in and develop training in disaster response for the
members of RSVP of Collier County; and
3. Assist in the development plans for RSVP of Collier County; and
4. Schedule periodic meetings andlor exercises to familiarize members of
disaster preparedness or recovery initiatives; and
5. Utilize, when and as appropriate, the services of RSVP of Collier
County for disaster relief and recovery projects; and
6. Collier County agrees to be responsible, to the extent provided under
Florida Statues 768.28, for its negligent acts, however, this
responsibility shall not serve as a waiver of Collier County's
Sovereign Immunity limits.
B. RSVP of Collier County agrees to:
1. Provide facilities and/or staff to Collier County at no charge during the
disaster recovery period; and
2. Provide a 24 hour contact person and alternates; and
3. Provide a representative to attend periodic meetings of the Collier
Emergency Response Volunteer (CERV) Working Group; and
4. Participate in exercises developed by the Emergency Management
Department; and
5. Provide the Emergency Management Department with an update of
facility and manpower capabilities at least annually prior to June of
each year.
C. Both of the above named parties agreed to the following:
1. No modifications or changes will be made to the facility/property by
the Collier County Representative without the express written approval
of the owner/operator; and
2. Prior to occupancy, representatives of both parties will inspect the
facility/property and will note any discrepancies on the inspection
form, and/or this agreement. Normal wear and tear is considered to be
the responsibility of the organization/owner/operator; and
3. The facility/property will be returned to the organization I owner /
operator in the same condition as it was when occupied/acquired.
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Agenda Item No. 16F6
July 26, 2005
Page 57 of 73
v. Effective Date: This Agreement presents general and some specific guidelines
by which Collier County, through its Emergency Management Department, will
cooperate to aid victims at the time of disaster. In witness thereof, the parties
have executed this agreement on the date indicated. The provisions of the
Agreement will be effective from the date signed. Both parties have the authority
to amend provisions of this Memorandum of Understanding upon mutual consent.
A ITEST:
DWIGIIT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Fred W. Coyle, Chairman
RSVP of Collier County
BY:r~ ~_ 2. ~.3-"S-
Signature / Date a
S~ rD"" bowt'\ev
Typed or Printed Name I
~)Vim~
" U(].
19naturelDate
()~ 1)3-()S
Second Witness:
~~
~AJ f'JUf;E.~
fjlto ~
Typed or Printed Name
Typed or Printed Name
Approved as to form and legal sufficiency:
~
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Agenda Item No. 16F6
July 26, 2005
Page 58 of 73
Memorandum of Understanding
Between
Collier County Board of Commissioners
And
The Salvation Army
I. Purpose: The purpose of this Memorandum of Understanding (MOU) is to set forth,
define and establish mutual agreements, understandings, and obligations by and
between The Collier County Board of County Commissioners, through its Emergency
Management Department, and The Salvation Army.
II. Statement of Basic Responsibilities:
A. The Collier County Board of County Commissioners, through its
Emergency Management Department, provides coordination of emergency
services with Collier County, including incorporated areas. This includes
the selection and utilization of various resources and organizations capable
of rendering assistance. Under Chapter 252 of the Florida Statutes, The
Collier County Board of County Commissioners, through its Emergency
Management Department, also coordinates the administration of relief
activities of both public and private relief or disaster assistance
organizations that agree to volunteer their services under the direction or
guidance of Collier County authorities. In addition, Collier County may
utilize personnel and facilities of relief or disaster assistance organizations,
churches, temples and synagogues in the distribution of food, relief
supplies, medicines andlor other items and temporary sheltering as part of
the restoration, rehabilitation or reconstruction of community services and
essential facilities whenever Collier County authorities deem it necessary.
B. Recognizing the increased demand for churches, temples, and synagogues
to supplement assistance and recovery to victims of both Presidentially
declared or undeclared disasters and the need to work in harmony with
local governments and private relief agencies, The Salvation Army wishes
to assist in rendering the most efficient service with a minimum of
duplication to the citizens and guests of Collier County.
III. Coordination of Effort: Cooperation and coordination between Collier County
Government, through its Emergency Management Department and The Salvation
Army at a time of major disaster and during the post-disaster recovery period should
be maintained at efficient levels and is part of the purpose of this Agreement. The
Salvation Army works on a voluntary basis as a member of the Collier Emergency
Response Volunteer (CERV) Working Group, and will make a continuing effort to
acquaint its members with this Agreement to assist Collier County govemment in
carrying out mutual responsibilities for disaster relief.
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Agenda Item No. 16F6
July 26, 2005
Page 59 of 73
III. Responsibilities:
A. Collier County Emergency Management Department agrees to the following:
1. Notify The Salvation Army of the potential need to assist in activities
following a disaster; and
2. Participate in and develop training in disaster response for the
members of The Salvation Army; and
3. Assist in the development plans for The Salvation Army; and
4. Schedule periodic meetings and/or exercises to familiarize members of
disaster preparedness or recovery initiatives; and
5. Utilize, when and as appropriate, the services of The Salvation Army
for disaster relief and recovery projects; and
6. Collier County agrees to be responsible, to the extent provided under
Florida Statues 768.28, for its negligent acts, however, this
responsibility shall not serve as a waiver of Collier County's
Sovereign Immunity limits.
B. The Salvation Army agrees to:
I. Provide facilities and/or staff to Collier County at no charge during the
disaster recovery period; and
2. Provide a 24 hour contact person and alternates; and
3. Provide a representative to attend periodic meetings of the Collier
Emergency Response Volunteer (CERV) Working Group; and
4. Participate in exercises developed by the Emergency Management
Department; and
5. Provide the Emergency Management Department with an update of
facility and manpower capabilities at least annually prior to June of
each year.
C. Both of the above named parties agreed to the following:
1. No modifications or changes will be made to the facility/property by
the Collier County Representative without the express written approval
of the owner/operator; and
2. Prior to occupancy, representatives of both parties will inspect the
facility/property and will note any discrepancies on the inspection
form, and/or this agreement. Normal wear and tear is considered to be
the responsibility of the organization/owner/operator; and
3. The facility/property will be returned to the organization / owner /
operator in the same condition as it was when occupiedlacquired.
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Agenda Item No. 16F6
July 26, 2005
Page 60 of 73
v. Effective Date: This Agreement presents general and some specific guidelines
by which Collier County, through its Emergency Management Department, will
cooperate to aid victims at the time of disaster. In witness thereof, the parties
have executed this agreement on the date indicated. The provisions of the
Agreement will be effective from the date signed. Both parties have the authority
to amend provisions of this Memorandum of Understanding upon mutual consent.
A TrEST:
DWIGIIT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Fred Coyle, Chairman
The Salvation Army
A GEORGIA CORPORATION
'~
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~d'-'pr.~(1Name ".
r_ /.~, -.':"';",._..... ..
.r ...~ -'"','-.;--:, ...'
. /~ ---~ ,-' ,
First Wit;;~s~~~ ~ . _' .r
~) <8~05
e~~$~W
Second Witness:
QALlAAC/A....~ 3/~/oS
~~ale
~1.Ctc the-v-ok-
Typed or Printed Name
Approved as to form and legal sufficiency:
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Agenda Item No, 16F6
July 26, 2005
Page 61 of 73
THE SALVATION ARMY POLICY STATEMENT
ON RELATIONSHIPS WITH OTHER GROUPS AND ORGANIZATIONS
The Salvation Army in the United States works cooperatively with many groups - governmental,
social service, civic, religious, business, humanitarian, educational, health, character building,
and other groups - in the pursuit of its mission to preach the Christian Gospel and meet human
need.
Any agency, governmental or private, which enters into a contractual or cooperative
relationship with The Salvation Army should be advised that:
l. The Salvation Army is an international religious and charitable movement, organized
and operated on a quaSi-military pattern, and is a branch of the Christian church.
2. All programs of The Salvation Army are administered by Salvation Army Officers, who
are ministers of the Gospel.
3. The motivation of the organization is love of God and a practical concern for the needs of
humanity.
4. The Salvation Army's provision of food, shelter, health services, counseling, and other
physical, social, emotional, psychological and spiritual aid, Is given on the basis of need,
available resources and established program policies.
Organizations contracting and/or cooperating with The Salvation Army may be assured that
because The Salvation Army is rooted in Christian compassion and is governed by Judeo-
Christian ethics, The Salvation Army will strictly observe all provisions of its contracts and
agreements.
Commissioners Conference:
May 1996
Agenda Item No. 16F6
July 26, 2005
Page 62 of 73
Memorandum of Understanding
Between
Collier County Board of Commissioners
And
Shepherd of the Glades Lutheran Church
I. Purpose: The purpose of this Memorandum of Understanding (MOU) is to set forth,
define and establish mutual agreements, understandings, and obligations by and
between The Collier County Board of County Commissioners, through its Emergency
Management Department, and Shepherd of the Glades Lutheran Church.
II. Statement of Basic Responsibilities:
A. The Collier County Board of County Commissioners, through its
Emergency Management Department, provides coordination of emergency
services with Collier County, including incorporated areas. This includes
the selection and utilization of various resources and organizations capable
of rendering assistance. Under Chapter 252 of the Florida Statutes, The
Collier County Board of County Commissioners, through its Emergency
Management Department, also coordinates the administration of relief
activities of both public and private relief or disaster assistance
organizations that agree to volunteer their services under the direction or
guidance of Collier County authorities. In addition, Collier County may
utilize personnel and facilities of relief or disaster assistance organizations,
churches, temples and synagogues in the distribution of food, relief
supplies, medicines and/or other items and temporary sheltering as part of
the restoration, rehabilitation or reconstruction of community services and
essential facilities whenever Collier County authorities deem it necessary.
B. Recognizing the increased demand for churches, temples, and synagogues
to supplement assistance and recovery to victims of both Presidentially
declared or undeclared disasters and the need to work in harmony with
local governments and private relief agencies, Shepherd of the Glades
Lutheran Church wishes to assist in rendering the most efficient service
with a minimum of duplication to the citizens and guests of Collier
County.
III. Coordination of Effort: Cooperation and coordination between Collier County
Government, through its Emergency Management Department and Shepherd of the
Glades Lutheran Church at a time of major disaster and during the post-disaster
recovery period should be maintained at efficient levels and is part of the purpose of
this Agreement. Shepherd of the Glades Lutheran Church works on a voluntary basis
as a member of the Collier Emergency Response Volunteer (CERV) Working Group,
and will make a continuing effort to acquaint its members with this Agreement to
assist Collier County government in carrying out mutual responsibilities for disaster
relief.
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Agenda Item No. 16F6
July 26, 2005
Page 63 of 73
III. Responsibilities:
A. Collier County Emergency Management Department agrees to the following:
1. Notify Shepherd of the Glades Lutheran Church of the potential need
to assist in activities following a disaster; and
2. Participate in and develop training in disaster response for the
members of Shepherd of the Glades Lutheran Church; and
3. Assist in the development plans for Shepherd of the Glades Lutheran
Church; and
4. Schedule periodic meetings andlor exercises to familiarize members of
disaster preparedness or recovery initiatives; and
5. Utilize, when and as appropriate, the services of Shepherd of the
Glades Lutheran Church for disaster relief and recovery projects; and
6. Collier County agrees to be responsible, to the extent provided under
Florida Statues 768.28, for its negligent acts, however, this
responsibility shall not serve as a waiver of Collier County's
Sovereign Immunity limits.
B. Shepherd of the Glades Lutheran Church agrees to:
1. Provide facilities andlor staff to Collier County at no charge during the
disaster recovery period; and
2. Provide a 24 hour contact person and alternates; and
3. Provide a representati ve to attend periodic meetings of the Collier
Emergency Response Volunteer (CERV) Working Group; and
4. Participate in exercises developed by the Emergency Management
Department; and
5. Provide the Emergency Management Department with an update of
facility and manpower capabilities at least annually prior to June of
each year.
C. Both of the above named parties agreed to the following:
1. No modifications or changes will be made to the facility/property by
the Collier County Representative without the express written approval
of the owner/operator; and
2. Prior to occupancy, representatives of both parties will inspect the
facility/property and will note any discrepancies on the inspection
form, and/or this agreement. Normal wear and tear is considered to be
the responsibility of the organization/owner/operator; and
3. The facility/property will be returned to the organization / owner /
operator in the same condition as it was when occupiedlacquired.
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Agenda Item No. 16F6
July 26, 2005
Page 64 of 73
V. Effective Date: This Agreement presents general and some specific guidelines
by which Collier County, through its Emergency Management Department, will
cooperate to aid victims at the time of disaster. In witness thereof, the parties
have executed this agreement on the date indicated. The provisions of the
Agreement will be effective from the date signed. Both parties have the authority
to amend provisions of this Memorandum of Understanding upon mutual consent.
A TIEST:
DWIGIIT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Chairman
Shepherd of the Glades Lutheran Church
By: ~/.~ ~.t-'lh~.r eJ/-/?-t:JS
Signature Ibate
D"PNLJJ j. tJlI~$F-""r
Typed or Printed Name
0/ /qJ~S-
Second Witness:
~ch~; 0 ~~d-vn II Jq 105
SignaturelDate
~()Io~~s J. BJ,~se..,
Typed or Printed Name
;R~\e.-\ l--l ~ Qxe"i~inn
Typed or Printed Name
Approved as to form and legal sufficiency:
r ~,/~
Assistant County ttomey
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Agenda :tem No. 16F6
July 26, 2005
Page 65 of 73
Memorandum of Understanding
Between
Collier County Board of Commissioners
And
United Church of Marco Island
I. Purpose: The purpose of this Memorandum of Understanding (MOU) is to set forth,
define and establish mutual agreements, understandings, and obligations by and
between The Collier County Board of County Commissioners, through its Emergency
Management Department, and United Church of Marco Island.
II. Statement of Basic Responsibilities:
A. The Collier County Board of County Commissioners, through its
Emergency Management Department, provides coordination of emergency
services with Collier County, including incorporated areas. This includes
the selection and utilization of various resources and organizations capable
of rendering assistance. Under Chapter 252 of the Florida Statutes, The
Collier County Board of County Commissioners, through its Emergency
Management Department, also coordinates the administration of relief
activities of both public and private relief or disaster assistance
organizations that agree to volunteer their services under the direction or
guidance of Collier County authorities. In addition, Collier County may
utilize personnel and facilities of relief or disaster assistance organizations,
churches, temples and synagogues in the distribution of food, relief
supplies, medicines andlor other items and temporary sheltering as part of
the restoration, rehabilitation or reconstruction of community services and
essential facilities whenever Collier County authorities deem it necessary.
B. Recognizing the increased demand for churches, temples, and synagogues
to supplement assistance and recovery to victims of both Presidentially
declared or undeclared disasters and the need to work in harmony with
local governments and private relief agencies, United Church of Marco
Island wishes to assist in rendering the most efficient service with a
minimum of duplication to the citizens and guests of Collier County.
III. Coordination of Effort: Cooperation and coordination between Collier County
Government, through its Emergency Management Department and United Church of
Marco Island at a time of major disaster and during the post-disaster recovery period
should be maintained at efficient levels and is part of the purpose of this Agreement.
United Church of Marco Island works on a voluntary basis as a member of the Collier
Emergency Response Volunteer (CERV) Working Group, and will make a continuing
effort to acquaint its members with this Agreement to assist Collier County
government in carrying out mutual responsibilities for disaster relief.
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Agenda :tem No. 16F6
July 26, 2005
Page 66 of 73
III. Responsibilities:
A. Collier County Emergency Management Department agrees to the following:
1. Notify United Church of Marco Island of the potential need to assist in
activities following a disaster; and
2. Participate in and develop training in disaster response for the
members of United Church of Marco Island; and
3. Assist in the development plans for United Church of Marco Island;
and
4. Schedule periodic meetings and/or exercises to familiarize members of
disaster preparedness or recovery initiatives; and
5. Utilize, when and as appropriate, the services of United Church of
Marco Island for disaster relief and recovery projects; and
6. Collier County agrees to be responsible, to the extent provided under
Florida Statues 768.28, for its negligent acts, however, this
responsibility shall not serve as a waiver of Collier County's
Sovereign Immunity limits.
B. United Church of Marco Island agrees to:
1. Provide facilities andlor staff to Collier County at no charge during the
disaster recovery period; and
2. Provide a 24 hour contact person and alternates; and
3. Provide a representative to attend periodic meetings of the Collier
Emergency Response Volunteer (CERV) Working Group; and
4. Participate in exercises developed by the Emergency Management
Department; and
5. Provide the Emergency Management Department with an update of
facility and manpower capabilities at least annually prior to June of
each year.
C. Both of the above named parties agreed to the following:
1. No modifications or changes will be made to the facility/property by
the Collier County Representative without the express written approval
of the owner/operator; and
2. Prior to occupancy, representatives of both parties will inspect the
facility/property and will note any discrepancies on the inspection
form, and/or this agreement. Normal wear and tear is considered to be
the responsibility of the organization/owner/operator; and
3. The facility/property will be returned to the organization / owner /
operator in the same condition as it was when occupied/acquired.
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Agenda Item No. 16F6
July 26, 2005
Page 67 of 73
V. Effective Date: This Agreement presents general and some specific guidelines
by which Collier County, through its Emergency Management Department, will
cooperate to aid victims at the time of disaster. In witness thereof, the parties
have executed this agreement on the date indicated. The provisions of the
Agreement will be effective from the date signed. Both parties have the authority
to amend provisions of this Memorandum of Understanding upon mutual consent,
A TrEST:
DWIGill E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Chairman
United Church of Marco Island
(jiiJ/--(Jr:M ~~5'
re / Date
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Typea or Printed N'
Second Witness:
rh-l1~0~ 1-0-oS'
SignaturelDate
Typed or Printed Name
L \ II a 10 ty)Q sJ~'C) t -lo --05
Typed or Printed Name
Approved as to form and legal sufficiency:
~~..--\
Assistant County to~ey
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Agenda Item No. 16F6
July 26,2005
Page 68 of 73
Memorandum of Understanding
Between
Collier County Board of Commissioners
And
United Way of Collier County
I. Purpose: The purpose of this Memorandum of Understanding (MOD) is to set forth,
define and establish mutual agreements, understandings, and obligations by and
between The Collier County Board of County Commissioners, through its Emergency
Management Department, and United Way of Collier County.
II. Statement of Basic Responsibilities:
A. The Collier County Board of County Commissioners, through its
Emergency Management Department, provides coordination of emergency
services with Collier County, including incorporated areas. This includes
the selection and utilization of various resources and organizations capable
of rendering assistance. Under Chapter 252 of the Florida Statutes, The
Collier County Board of County Commissioners, through its Emergency
Management Department, also coordinates the administration of relief
activities of both public and private relief or disaster assistance
organizations that agree to volunteer their services under the direction or
guidance of Collier County authorities. In addition, Collier County may
utilize personnel and facilities of relief or disaster assistance organizations,
churches, temples and synagogues in the distribution of food, relief
supplies, medicines andlor other items and temporary sheltering as part of
the restoration, rehabilitation or reconstruction of community services and
essential facilities whenever Collier County authorities deem it necessary.
B. Recognizing the increased demand for churches, temples, and synagogues
to supplement assistance and recovery to victims of both Presidentially
declared or undeclared disasters and the need to work in harmony with
local governments and private relief agencies, United Way of Collier
County wishes to assist in rendering the most efficient service with a
minimum of duplication to the citizens and guests of Collier County.
III. Coordination of Effort: Cooperation and coordination between Collier County
Government, through its Emergency Management Department and United Way of
Collier County at a time of major disaster and during the post-disaster recovery
period should be maintained at efficient levels and is part of the purpose of this
Agreement. United Way of Collier County works on a voluntary basis as a member
of the Collier Emergency Response Volunteer (CERV) Working Group, and will
make a continuing effort to acquaint its members with this Agreement to assist
Collier County government in carrying out mutual responsibilities for disaster relief.
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Agenda Item No. 16F6
July 26,2005
Page 69 of 73
III. Responsibilities:
A. Collier County Emergency Management Department agrees to the following:
1. Notify United Way of Collier County of the potential need to assist in
activities following a disaster; and
2. Participate in and develop training in disaster response for the
members of United Way of Collier County; and
3. Assist in the development plans for United Way of Collier County;
and
4. Schedule periodic meetings andlor exercises to familiarize members of
disaster preparedness or recovery initiatives; and
5. Utilize, when and as appropriate, the services of United Way of Collier
County for disaster relief and recovery projects; and
6. Collier County agrees to be responsible. to the extent provided under
Florida Statues 768.28, for its negligent acts, however, this
responsibility shall not serve as a waiver of Collier County's
Sovereign Immunity limits.
B. United Way of Collier County agrees to:
1. Provide facilities andlor staff to Collier County at no charge during the
disaster recovery period; and
2. Provide a 24 hour contact person and alternates; and
3. Provide a representative to attend periodic meetings of the Collier
Emergency Response Volunteer (CERV) Working Group; and
4. Participate in exercises developed by the Emergency Management
Department; and
5. Provide the Emergency Management Department with an update of
facility and manpower capabilities at least annually prior to June of
each year.
C. Both of the above named parties agreed to the following:
1. No modifications or changes will be made to the facility/property by
the Collier County Representati ve without the express written approval
of the owner/operator; and
2. Prior to occupancy, representatives of both parties will inspect the
facility/property and will note any discrepancies on the inspection
form, andlor this agreement. Normal wear and tear is considered to be
the responsibility of the organization/owner/operator; and
3. The facility/property will be returned to the organization I owner /
operator in the same condition as it was when occupied/acquired.
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Agenda Item No. 16F6
July 26,2005
Page 70 of 73
v. Effective Date: This Agreement presents general and some specific guidelines
by which Collier County, through its Emergency Management Department, will
cooperate to aid victims at the time of disaster. In witness thereof, the parties
have executed this agreement on the date indicated. The provisions of the
Agreement will be effective from the date signed. Both parties have the authority
to amend provisions of this Memorandum of Understanding upon mutual consent.
ATTEST:
DWIGIIT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Deputy Clerk
By:
Fred W. Coyle, Chairman
United Way of Collier County
BY:~ ~::
Signature / Date
Er"teil-7rdL ~~-,.
Typed or Printed Name
2-- -7-10./-
Shl+r{r/on 1/1). 4NOOe5fJ1l
Typed or Printed Name
/lohjrj;f~ ~
Typed or Printed Name
Approved as to form and legal sufficiency:
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Agenda Item No. 16F6
July 26, 2005
Page 71 of 73
Memorandum of Understanding
Between
Collier County Board of Commissioners
And
Veterans of Foreign Wars Post 7721
I. Purpose: The purpose of this Memorandum of Understanding (MOU) is to set forth,
define and establish mutual agreements, understandings, and obligations by and
between The Collier County Board of County Commissioners, through its Emergency
Management Department, and Veterans of Foreign Wars Post 7721.
II. Statement of Basic Responsibilities:
A. The Collier County Board of County Commissioners, through its
Emergency Management Department, provides coordination of emergency
services with Collier County, including incorporated areas. This includes
the selection and utilization of various resources and organizations capable
of rendering assistance. Under Chapter 252 of the Florida Statutes, The
Collier County Board of County Commissioners, through its Emergency
Management Department. also coordinates the administration of relief
activities of both public and private relief or disaster assistance
organizations that agree to volunteer their services under the direction or
guidance of Collier County authorities. In addition, Collier County may
utilize personnel and facilities of relief or disaster assistance organizations,
churches, temples and synagogues in the distribution of food, relief
supplies, medicines and/or other items and temporary sheltering as part of
the restoration, rehabilitation or reconstruction of community services and
essential facilities whenever Collier County authorities deem it necessary.
B. Recognizing the increased demand for churches, temples, and synagogues
to supplement assistance and recovery to victims of both Presidentially
declared or undeclared disasters and the need to work in harmony with
local governments and private relief agencies, Veterans of Foreign Wars
Post 7721 wishes to assist in rendering the most efficient service with a
minimum of duplication to the citizens and guests of Collier County.
III. Coordination of Effort: Cooperation and coordination between Collier County
Government, through its Emergency Management Department and Veterans of
Foreign Wars Post 7721 at a time of major disaster and during the post-disaster
recovery period should be maintained at efficient levels and is part of the purpose of
this Agreement. Veterans of Foreign Wars Post 7721 works on a voluntary basis as a
member of the Collier Emergency Response Volunteer (CERV) Working Group, and
will make a continuing effort to acquaint its members with this Agreement to assist
Collier County government in carrying out mutual responsibilities for disaster relief.
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Agenda I tern No. 16F6
July 26, 2005
Page 72 of 73
III. Responsibilities:
A. Collier County Emergency Management Department agrees to the following:
1. Notify Veterans of Foreign Wars Post 7721 of the potential need to
assist in activities following a disaster; and
2. Participate in and develop training in disaster response for the
members of Veterans of Foreign Wars Post 7721; and
3. Assist in the development plans for Veterans of Foreign Wars Post
7721; and
4. Schedule periodic meetings and/or exercises to familiarize members of
disaster preparedness or recovery initiatives; and
5. Utilize, when and as appropriate, the services of Veterans of Foreign
Wars Post 7721 for disaster relief and recovery projects; and
6. Collier County agrees to be responsible, to the extent provided under
Florida Statues 768.28, for its negligent acts, however, this
responsibility shall not serve as a waiver of Collier County's
Sovereign Immunity limits.
B. Veterans of Foreign Wars Post 7721 agrees to:
1. Provide facilities andlor staff to Collier County at no charge during the
disaster recovery period; and
2. Provide a 24 hour contact person and alternates; and
3. Provide a representative to attend periodic meetings of the Collier
Emergency Response Volunteer (CERV) Working Group; and
4. Participate in exercises developed by the Emergency Management
Department; and
5. Provide the Emergency Management Department with an update of
facility and manpower capabilities at least annually prior to June of
each year.
C. Both of the above named parties agreed to the following:
1. No modifications or changes will be made to the facility/property by
the Collier County Representative without the express written approval
of the owner/operator; and
2. Prior to occupancy, representatives of both parties will inspect the
facility/property and will note any discrepancies on the inspection
form, and/or this agreement. Normal wear and tear is considered to be
the responsibility of the organization/owner/operator; and
3. The facility/property will be returned to the organization / owner I
operator in the same condition as it was when occupied/acquired.
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Agenda Item No. 16F6
July 26, 2005
Page 73 of 73
v. Effective Date: This Agreement presents general and some specific guidelines
by which Collier County, through its Emergency Management Department, will
cooperate to aid victims at the time of disaster. In witness thereof, the parties
have executed this agreement on the date indicated. The provisions of the
Agreement will be effective from the date signed. Both parties have the authority
to amend provisions of this Memorandum of Understanding upon mutual consent.
ATIEST:
DWIGIIT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNfY, FLORIDA
By:
Deputy Clerk
By:
Fred W. Coyle, Chairman
R - /:y-e;;Y-
'CS~Er C;. 8#7€~
Typed or Printed Name
Second Witness:
~9~~
Signatuli ate
~me5 'R \ Ftc;!])
Typed or Printed Name
~M,1/f J: Bdrl1;L/E; ~I ~
Typed or Printed Name
Approved as to form and legal sufficiency:
~~
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Assistant ou Attorney
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Agenda Item No. 16F7
July 26, 2005
Page 1 of 19
EXECUTIVE SUMMARY
Recommendation to approve an annual contract for $97,SOO with The Ferguson
Group for federal lobbying services.
OBJECTIVE: To engage a federal lobbying finn to provide lobbying services for the
county in order to match Collier County's specific infrastructure requirements and
eligibility with available federal funding.
CONSIDERATION: On June 28, 2005, the Board approved Agenda item 16 F 10,
approving selection of The Ferguson Group to act as a federa110bbyist on behalf of the
county. At that time, the Board also approved negotiation of a contract with the finn.
Negotiations have been completed with the finn, and a contract has been negotiated in
the amount of $7,700 per month, plus $5,100 in annual business expenses. The firm has
also agreed to provide the county a free three-month trial of its eCivis grant service with
multiple user capabilities.
FISCAL IMPACT: The total cost of the annual contract with The Ferguson Group is
$97,500. Funding was approved for lobbying services (federal) by the Board of County
Commissioners at the May 24, 2005 BCC meeting, item 10F and discussed at the June
15,2005, budget workshop. These funds are available in the General Fund (001).
,-
GROWfH MANAGEMENT IMPACT: There is no growth management impact
associated with this executive summary.
LEGAL CONSIDERA TIQNS: There are no legal considerations associated with this
executive summary.
RECOMMENDATION: That the Board of County Commissioners approves the
negotiated contract with The Ferguson Group and authorizes the Chainnan to sign the
County Attorney-reviewed contract.
Prepared by Debbie Wight, Assistant to the County Manager
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Agenda Item No. 16F7
July 26, 2005
Page 2 of 19
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16F7
Recommendation to approve an annual contract for $97,500 with The Ferguson Group for
federal lobbying services.
7/26/20059:00:00 AM
Meeting Date
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
7/15/200512:52 PM
Approved By
Michael Smykowskl
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
7/18/20059:25 AM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
7/18/2005 12:47 PM
Agenda Item No. 16F7
July 26. 2005
Page 3 of 19
SERVICE PROVIDER AGREEMENT
Federal Lobbyist Service
This SERVICE PROVIDER AGREEMENT is made and entered into this _day of ,2005, between
the Board of County Commissioners ofCOLUER COUNTY, a political subdivision of the STATE OF FLORIDA
hereinafter referred to as the "COUNTY" and The Ferguson Group, LLC. whose address is 1130 Connecticut
Avenue, N.W. Suite 300, Washington, D.C. 20036, hereinafter referred to as the "PROVIDER".
WITNESSETH
WHEREAS, the COUNTY desires to obtain the Lobbyist services of said PROVIDER as further described herein;
and,
WHEREAS, the PROVIDER hereby certifies that it bas been granted and possesses valid, current licenses to do
business in the State of Florida and in Collier County, Florida, issued by the respective State Board and Government
Agencies responsible for regulating and licensing the services to be provided and performed by the PROVIDER
pursuant to this Agreement; and,
WHEREAS, the PROVIDER bas reviewed the services required pursuant to this Agreement and is qualified, willing
and able to provide and perfonn all such services in accordance with the provisions, conditions and terms hereinafter
set forth.
NOW, THEREFORE, in consideration oftbe foregoing, and the terms and provisions as contained herein, the
parties agree that a Contract shall exist between them consisting of the following:
ARTICLE 1.0 -SCOPE OF SERVICES
PROVIDER hereby agrees to provide and perform the Services required and necessary to complete the services and
work as set forth in EXHIBIT "A", entitled "SCOPE OF SERVICES", which is attached hereto and made apart of
this Agreement.
Agenda Item No. 16F7
July 26. 2005
Page 4 of 19
ARTICLE 2.0 -DEFINITIONS
2.1 COUNTY shall mean the Board of County Commissioners of Collier County, a political subdivision of the State
of Florida, and all officials and employees.
2.2 PROVIDER shall mean the individual, firm or entity offering services which, by execution of this Agreement,
shall be legally obligated, responsible, and liable for providing and performing any and all of the services, work and
materials, including services and/or the work of sub-contractors, required under the covenants, terms and provisions
contained in this Agreement.
2.3 SERVICES shall mean all services, work, materials, and all related professional, technical and administrative
activities that are necessary to perform and complete the services required pursuant to the terms and provisions of
this Agreement.
2.4 ADDmONAL SERVICES shall mean any additional services that the COUNTY may request and authorize, in
writing, which are not included in the Scope of Services as set forth in Article 1.0 above.
2.5 CHANGE ORDER shall mean a written document executed by both parties to this Agreement setting forth such
changes to the Scope of Services as may be requested and authorized in writing by the COUNTY.
ARTICLE 3.0 -OBLIGATIONS OF THE PROVIDER. ---
The obligations of the PROVIDER. with respect to all the Basic Services and Additional Services authorized
pursuant to this Agreement shall include, but not be limited to the following:
3.1 LICENSES. The PROVIDER agrees to obtain and maintain throughout the terms of this Contract all such
licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not
limited to, licenses required by the respective State Boards and other governmental agencies responsible for
regulating and licensing the services provided and performed by the PROVIDER. --
3.2 QUALIFIED PERSONNEL. The PROVIDER agrees that when the services to be provided and performed relate
to a professional service(s) which, under Florida Statutes, requires a license, certificate of authorization, or other
form of legal entitlement to practice such services, to employ and/or retain only qualified personnel to be in charge
of all Basic Services and Additional Services to be provided pursuant to this Agreement.
3.3 STANDARDS OF PROFESSIONAL SERVICE. The PROVIDER agrees to provide and perform all services
pursuant to this Agreement in accordance with generally accepted standards of professional practice and, in
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Agenda Item No. 16F7
July 26, 2005
Page 5 of 19
accordance with the laws, statutes, ordinances, codes, roles, regulations and requirements of governmental agencies
which regulate or have jurisdiction over the services to be provided and/or performed by the PROVIDER.
3.4 CORRECTION OF ERRORS, OMISSIONS OR OTHER DEFICIENCIES
(1) Resoonsibilitv to Correct The PROVIDER agrees to be responsible for the professional quality,
technical adequacy and accuracy, timely completion, and the coordination of all data, studies, reports, memoranda,
other documents and other services, work and materials performed, provided, and/or furnished by PROVIDER. The
PROVIDER shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in
such data, studies and other services, work and materials resulting from the negligent act, errors or omissions or
intentional misconduct of PROVIDER.
(2) County's Aooroval Shall Not Relieve Provider ofResponsibilitv. Neither review, approval, nor
acceptance by COUNTY of data, studies, reports, memoranda, and incidental professional services, work and
materials furnished hereunder by the PROVIDER, shall in any way relieve PROVIDER of responsibility for the
adequacy, completeness and accuracy of its services, work and materials. Neither the COUNTY'S review, approval
or acceptance of, nor payment for, any part of the PROVIDER'S services, work and materials shall be construed to
operate as a waiver of any of the COUNTY'S rights under this Agreement, or any cause of action it may have arising
out of the performance of this Agreement.
3.5 LIABILITY -PROVIDER TO HOLD COUNTY HARMLESS. The PROVIDER shall be liable and agrees to be
liable for, and shall indemnify, defend and hold the COUNTY harmless for any and all claims, suits, judgments or
damages, losses and expenses including court costs, expert witness and professional consultation services, and
attorneys' fees arising out of the PROVIDER'S errors, omissions, and/or negligence. The PROVIDER shall not be
liable to, nor be required to indemnify the COUNTY for any portions of damages arising out of any error, omission,
and/or negligence of the COUNTY, its employees, agents, or representatives.
3.6 NOT TO DIVULGE CERTAIN INFORMATION. PROVIDER agrees, during the term of this Agreement, not
to divulge, furnish or make available to any third person, finn, or organization, without the COUNTY'S prior written
consent, or unless incident to the proper performance of PROVIDER'S obligations hereunder. or as provided for or
required by law, or in the course of judicial or legislative proceedings where such information has been properly
subpoenaed; any non-public information concerning the services to be rendered by PROVIDER, AND PROVIDER
shall require all of its employees and sub-contractor(s) to comply with the provisions of this paragraph.
3.7 RESPONSmILITY FOR ESTIMATES. In the event the services required pursuant to this Agreement include
the PROVIDER preparing and submitting to the COUNTY any cost estimates, the PROVIDER, by exercise of his
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Agenda Item No. 16F7
July 26, 2005
Page 6 of 19
experience and judgment shall develop its best cost estimates and shall be held accountable, responsible and liable
for the accuracy, completeness, and correctness of any and all such cost estimates to the extent provided hereafter.
3.8 ADDmONAL SERVICES. Should the COUNTY request the PROVIDER to provide and perform professional
services under this contract which are not set forth in EXHIBIT" A", the PROVIDER agrees to provide and perform
such ADDITIONAL SERVICES as may be agreed to in writing by both parties to this Agreement.
ADDmONAL SERVICES shall be administered and executed as "CHANGE ORDERS" under the Agreement. The
Provider shall not provide or perform, nor shall the COUNTY incur or accept any obligation to compensate the
PROVIDER for any ADDmONAL SERVICES, unless the parties shall execute a written CHANGE ORDER.
Each such CHANGE ORDER shall set forth a description of (1) the Scope of the ADDITIONAL SERVICES
requested; (2) the basis of compensation; and (3) the period of time andlor schedule for performing and completing
the ADDITIONAL SERVICES.
ARTICLE 4.0 ..cOMPENSATION AND METHOD OF PAYMENT
4.1 BASIC SERVICES. The COUNTY shall pay the PROVIDER for all requested and authorized basic services
rendered hereunder by the PROVIDER and completed in accordance with the requirements, provisions, andlor terms
of this Agreement as set forth in Exhibit "B" which is attached hereto and made.a part of this Agreement. Total
yearly compensation shall not exceed ninety seven thousand five hundred dollars ($97,500) per year without prior
written approval from the County Manager or his designee.
4.2 ADDITIONAL SERVICES. The COUNTY shall pay the PROVIDER for all ADDITIONAL SERVICES as
have been requested and authorized by the COUNTY and agreed to in writing by both parties to this Agreement, and
according to the terms for compensation and payment of said ADDITIONAL SERVICES as set forth in Section 3.8.
4.3 METHOD OF PAYMENT
(1) Monthlv Statement. The PROVIDER shall be entitled to submit not more than one invoice statement to
the COUNTY each calendar month covering services rendered and completed during the preceding calendar month.
The PROVIDER'S invoice statement(s) shall be itemized to correspond, to the basis of compensation as set forth in
the Agreement or CHANGE ORDER(S). The PROVIDER'S invoice statements shall contain a breakdown of
charges, description of service(s) and work provided and/or performed, and, where appropriate, supportive
documentation of charges consistent with the basis of compensation set forth in the Agreement or in CHANGE
ORDER(S).
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Agenda Item No. 16F7
July 26, 2005
Page 7 of 1 9
(2) PaVIDent Schedule. The COUNTY shall pay the PROVIDER for the performance of this Agreement
upon completion of the work as accepted and approved by the Deputy County Manager or their designee pursuant to
Exhibit ''B'', hereto attached and incorporated herein by reference. Payment will be made upon receipt ofa proper
invoice and in compliance with Section 218.70 F .S. otherwise known as the "Florida Prompt Payment Act
4.4 PAYMENT WHEN SERVICES ARE TERMINATED AT THE CONVENIENCE OF THE COUNTY. In the
event of termination of this Agreement at the convenience of the COUNTY, the COUNTY shall compensate the
PROVIDER for: (1) all services performed prior to the effective date of termination; (2) reimbursable expenses then
due; and (3) reasonable expenses incurred by the PROVIDER in affecting the termination of services and work, and
incurred by the submittal to the COUNTY of any documents.
4.5 PAYMENT WHEN SERVICES ARE SUSPENDED. In the event the COUNTY suspends the PROVIDER'S
services or work on all or part of the services required by this Agreement, the COUNTY shall compensate the
PROVIDER for all services performed prior to the effective date of suspension and reimbursable expenses then due
and any reasonable expenses incurred or associated with, or as a result of such suspension.
4.6 NON-ENTITLEMENT TO ANTICIPATED FEES IN THE EVENT OF SERVICE TERMINATION,
SUSPENSION, ELIMINATION, CANCELLATION AND/OR DECREASE IN SCOPE OF SERVICES. In the
event the services required pursuant to this Agreement are terminated, eliminated, canceled, or decreased due to: (I)
termination; (2) suspension in whole or in part; and (3) and/or are modified by the subsequent issuance of CHANGE
ORDER(S), the PROVIDER shall not be entitled to receive compensation for anticipated professional fees, profit,
general and administrative overhead expenses or for any other anticipated income or expense which may be
associated with the services which are terminated, suspended, eliminated, cancelled or decreased.
ARTICLE 5.0 -TIME AND SCHEDULE OF PERFORMANCE
5.1 NOTICE TO PROCEED. Following the execution of this Agreement by both parties, and after the PROVIDER
has complied with the insurance requirements set forth hereinafter, the COUNTY shall issue the PROVIDER a
WRITIEN NOTICE TO PROCEED. Following the issuance of such NOTICE TO PROCEED the PROVIDER
shall be authorized to commence work and the PROVIDER thereafter shall commence work promptly and shall
carry on all such services and work as may be required in a timely and diligent manner to completion.
5.2 TIME OF PERFORMANCE. The PROVIDER agrees to complete the Basic Services as listed per Exhibit "A".
Provision of said services shall commence beginning August 1, 2005 and ending on July 31, 2006, with the option
of renewal for two (2) additional one (1) year renewals.
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Agenda Item No. 16F7
July 26, 2005
Page 8 of 19
Should the PROVIDER be obstructed or delayed in the prosecution or completion of its obligations under this
Agreement as a result of causes beyond-the control of the PROVIDER., or its sub-consultant(s) and/or sub-
contractor(s), and not due to their fault or neglect, the PROVIDER shalJ notify the COUNTY, in writing, within five
(5) calendar days after the commencement of such delay, stating the cause(s) thereof and requesting an extension of
the PROVIDER'S time of performance.
Upon receipt of the PROVIDER'S request for an extension of time, the COUNTY shall grant the extension if the
COUNTY determines the delay(s) encountered by the PROVIDER, or its sub-consultant(s) and/or sub-contractor(s),
is due to unforeseen causes and not attnbutable to their fault or neglect.
5.3 PROVIDER WORK SCHEDULE. The PROVIDER shall be required as a condition of this Agreement to
prepare and submit to the COUNTY, on a monthly basis, commencing with the issuance of the NOTICE TO
PROCEED, a PROVIDER'S WORK SCHEDULE. The WORK SCHEDULE shall set forth the time and manpower
scheduled for all oftbe various tasks required to provide, perform and complete all oftbe services and work required
for completion of the various tasks of the project services as set forth in EXHIBIT" A", pursuant to this Agreement
in such a manner that the PROVIDER'S planned and actual work progress can be readily determined. The
PROVIDER'S WORK SCHEDULE of planned and actual work progress shall be updated and submitted by the
PROVIDER to the COUNTY on a monthly basis.
5.4 FAILURE TO PERFORM IN A TIMELY ~ANNER Should the.PROVIDER ,fail to commence, provide,
perform, and/or complete any of the services and work required pursuant to this Agreement in a timely and diligent
manner, the COUNTY may consider such failure as justifiable cause to terminate this Agreement. As an alternative
to termination, the COUNTY at its option may, upon written notice to the PROVIDER, withhold any or all
payments due and owing to the PROVIDER, not to exceed the amount oftbe compensation for the work in dispute,
until such time as the PROVIDER resumes performance of his obligations in such a manner as to get back on
schedule in accordance with the time and schedule of performance requirements as set forth in this Agreement.
ARTICLE 6.0 -SECURING AGREEMENT
The PROVIDER warrants that the PROVlDER has not employed or retained any company or person other than a
bona fide employee working solely for the PROVIDER to solicit or secure this Agreement and that the PROVIDER
has not paid or agreed to pay any person, company, corporation or firm other than a bona fide employee working
solely for the PROVIDER any fee, commission, percentage, gift, or any other consideration contingent upon or
resulting from the award or making of this Agreement.
ARTICLE 7.0 -ASSIGNMENT TRANSFER AND SUB-CONTRACTS
The PROVIDER shall not assign or transfer any of its rights, benefits or obligations hereunder, except for transfers
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Agenda Item No. 16F7
July 26, 2005
Page 9 of 19
that result from: (1) the merger or consolidation of PROVIDER with a third party; or (2) the disestablishment of the
PROVIDER'S professional practice and the establishment of the successor PROVIDER Nor shall the PROVIDER
sub-contract any of its service obligations hereunder to third parties without prior written approval of the COUNTY.
The PROVIDER shall have the right, subject to the COUNTY'S prior written approval, to employ other persons
andlor firms to serve as sub-contractors to PROVIDER in connection with the PROVIDER performing services and
work pursuant to the requirements of this Agreement.
ARTICLE 8.0 -APPLICABLE LA W
The laws, rules and regulations of the State of Florida, or the laws, rules and regulations of the United States, shall
govern this Agreement when providing services funded by the United States government.
ARTICLE 9.0 -NON-DISCRIMINATION
The PROVIDER for itself, its successors in interest, and assigns, as part of the consideration thereof, does hereby
covenant and agree that in the furnishing of services to the COUNTY hereunder, no person on the grounds of race,
color, national origin, handicap, or sex shall be excluded from participation in, denied the benefits of, or otherwise
be subjected to discrimination. Should PROVIDER authorize another person with the COUNTY'S prior written
consent, to provide services to the COUNTY hereunder, PROVIDER shall obtain from such person a written
agreement pursuant to which such person shall, with respect to the services which he is authorized to provide,
undertake for himself the obligations contained in this Section,
ARTICLE 10.0 -INSURANCE
10.1 INSURANCE COVERAGE TO BE OBTAINED
(1) The PROVIDER shall obtain and maintain such insurance or self-insurance as will protect him from:
(A) Claims under Workers' Compensation laws, Disability Benefit laws, or other similar employee
benefit laws;
(B) Claims for damages because of bodily injury, occupational sickness or disease or death of his
employees including claims insured by usual personal iI\iwy liability coverage;
(C) Claims for damages because of bodily injury, sickness or disease, or death of any person other
than his employees including claims insured by usual personal injury liability coverage; and
(D) From claims for injury to or destruction of tangible property including loss or use resulting
7
Agenda Item No. 16F7
July 26, 2005
Page 10 of 19
there from, any or all of which claims may arise out of, or result from, the services, work and operations
carried out pursuant to and under the requirements ofWs Agreement, whether such services, work and
operations be by the PROVIDER, its employees, or by any sub-consultant(s), sub-contractor(s), or anyone
employed by or under the supervision of any of them, or for whose acts any of them may be legally liable.
(2) The insurance protection set forth hereinabove shall be obtained for not less than the limits of liability
specified hereinafter, or as required by law, whichever is greater.
(3) The PROVIDER shall require, and shall be responsible for insuring, throughout the time that this
Agreement is in effect, that any and all of its sub-contractors obtains and maintains until the completion of that sub-
contractor's work, such of the insurance coverage's described herein and as are required by law to be provided on
behalf of their employees and others.
(4) The PROVIDER shall obtain, have and maintain during the entire period ofWs Agreement all such
insurance or a self-insurance program as set forth and required herein.
10.2 PROVIDER REQUIRED TO FILE INSURANCE CERTIFICATE(S)
(1) The PROVIDER, within fourteen (14) calendar days from receipt of the COUNTY'S written Notice of
Award, shall submit to the COUNTY all such insurance certificates or self-insurance program documentation as are
required under this Agreement. Failure of the PROVIDER to submit such certificates and documents within the
required time shall be considered cause for the COUNfY to find the PROVIDER in default and terminate the
contract. Before the PROVIDER shall commence any service or work pursuant to the requirements of this
Agreement, the PROVIDER shall obtain and maintain insurance coverage's of the types and to the limits specified
hereinafter, and the PROVIDER shall file with the COUNTY certificates ofall such insurance coverage's.
(2) All such insurance certificates shall be in a form and underwritten by an insurance company(s)
acceptable to the COUNTY and licensed in the State of Florida.
(3) Each Certificate ofInsurance or self-insurance program documentation shall be submitted to the
COUNTY in triplicate.
(4) Each Certificate of Insurance shall include the following:
(A) The name and type of policy and coverage's provided,
8
Agenda Item No. 16F7
July 26, 2005
Page 11 of 19
(B) The amount or limit applicable to each coverage provided;
(C) The date of expiration of coverage.
(D) The designation of the Collier County Board of County Commissioners both as an additional
insured and as a certificate holder (Ibis requirement is excepted for Professional Liability Insurance and for
Workers' Compensation Insurance); and
(E) Cancellation - Should any of the described policies be cancelled before the, expiration date
thereot: the issuing company will endeavor to mail thirty (30) days written notice to the Certificate Holder
named.
(5) If the initial, or any subsequently issued Certificate ofInsurance expires prior to the completion of the
work or termination of this Agreement, the PROVIDER shall furnish to the COUNTY renewal or replacement
Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration.
Failure of the PROVIDER to provide the COUNfY with such renewal certificate(s) shall be justification for the
COUNfY to terminate this Agreement.
ARTICLE 11.0 -INSURANCE COVERAGES REOUlRED
The PROVIDER shall obtain and maintain the following insurance coverage's:
(I) WORKERS' COMPENSATION. Coverage to comply for all employees for Statutory Limits in
compliance with the applicable State and Federal laws. In addition, the policy shall include the following:
(A) Employer's Liability with a minimum limit per accident in accordance with statutory
requirements, or a minimum limit ofSloo,ooO for each accident, whichever limit is greater.
(B) Notice of Cancellation and/or Restriction -The policy must be endorsed to provide the
COUNTY with thirty (30) days prior written notice of cancellation and/or restriction.
(2) COMMERCIAL GENERAL LIABILITY. Coverage must be afforded on a form no more restrictive
than the latest edition of the Commercial General Liability Policy filed by the Insurance Services Office and shall
include the following:
(A) Minimum limits of $200,000 per OCCUITence and $300,000 aggregate for Bodily Injury
9
Agenda Item No. 16F7
July 26, 2005
Page 12 of 19
Liability and a minimum limit of$300,OOO for Property Damage Liability, or a minimum combined single
limit of$ 1 ,000,000.
(B) Contractual coverage applicable to this specific Agreement including any hold harmless andlor
such indemnification agreement.
(3) BUSINESS AUTOMOBILE LIABILITY. Coverage must be afforded on a form
no more restrictive than the latest edition of the Business Automobile Liability Policy filed by the Insurance
Services Office and must include the following:
(A) Minimum limits of $100,000 per person and $300,000 per accident for Bodily Injury Liability
and a minimum limit of $ 100,000 for Property Damage Liability, or a minimum combined single limit of
$300,000.
(B) Coverage shall include owned vehicles, hired and non.owned vehicles, and employee non.
ownership.
ARTICLE 12.0 -DUTIES AND OBUGATIONS IMPOSED ON THE PROVIDER
The duties and obligations imposed upon the PROVIDER by this Agreement and the rights and remedies available
hereunder shall be in addition to, and not a limitation of, any otherwise imposed or available by law or statute.
ARTICLE 13.0 -OWNERSHIP AND TRANSFER OF DOCUMENTS
All documents such as payment records, notes, computer files, evaluations, reports and other records and data
relating to the services specifically prepared or developed by the PROVIDER under this Agreement sball be the
property oftbe PROVIDER until the PROVIDER has been paid for perfonning the services and work required to
produce such documents.
Upon completion or termination of this Agreement, all of the above documents to the extent requested by the
COUNTY shall be delivered to the COUNTY or to any subsequent PROVIDER within thirty (30) calendar days.
The PROVIDER, at its expense, may make and retain copies of all documents delivered to the COUNTY for
reference and internal use.
10
Agenda Item No. 16F7
July 26, 2005
Page 13 of 19
ARTICLE 14.0 -MAINTENANCE OF RECORDS
The PROVIDER will keep and maintain adequate records and supporting documentation applicable to all of the
services, work, information, expense, costs, invoices and materials provided and performed pursuant to the
requirements of this Agreement Said records and documentation will be retained by the PROVIDER for a minimum
of five (S) years from the date of termination of this Agreement, or for such period as required by law.
The COUNTY and its authorized agents shall, with reasonable prior notice, have the right to audit, inspect and copy
all such records and documentation as often as the COUNTY deems necessary during the period of this Agreement,
and during the period as set forth in the paragraph above; provided, however, such activity shall be conducted only
during nom1al business hours of the PROVIDER and at the expense of the COUNTY.
ARTICLE 15.0 -HEADINGS
The headings of the Articles, Sections, Exhibits, and Attachments as contained in this Agreement are for the pwpose
of convenience only and shall not be deemed to expand, limit or change the provisions contained in such Articles,
Section, Exhibits and Attachments.
ARTICLE 16.0 -ENTIRE AGREEMENT
This Agreement, including the referenced Exhibits and Attachments, constitutes the entire Agreement between the
parties and shall supersede all prior agreements or understandings, written or oral, relating to the matters set forth
herein.
ARTICLE 17.0 -NOTICES AND ADDRESS
17.1 NOTICES BY PROVIDER TO COUNTY All notices required and/or made pursuant to this agreement to be
given to the PROVIDER to the COUNTY shall be in writing and shall be given by the United States Postal Service
or faxed to the following COUNTY address of record:
Collier County Manaller's Office
3301 Tamiami Trail East
Nap]es. FL 34] ]2
Attention: Mr. Leo Ochs
Fax: 239-774-4010
11
Agenda Item No. 16F7
July 26,2005
Page 14 of 19
17.2 NOTICES BY AUTHORITY TO PROVIDER All notices required and/or made pursuant to this Agreement to
be given by the COUNTY to the PROVIDER shan be made in writing and shall be given by the United States Postal
Service or faxed to the following PROVIDER'S address of record:
The Ferguson Groqp. LLC.
1130 Connecticut Avenue. N. W. Suite 300.
Washin~n. D.C. 20036
Attn: Valerie Gelnovatch
Fax: 202-331-1598
17.3 CHANGE OF ADDRESS. Either party may change its address and!or fax number by written notice to the other
party given in accordance with the requirements of this Article.
ARTICLE 18.0 -TERMINATION
This Agreement may be terminated by the COUNTY at its convenience, or due to the fault of the PROVIDER, by
giving thirty (30) calendar days written notice to the PROVIDER
The Provider may request that this Agreement be terminated by submitting a written notice to the COUNTY dated
not less than thirty (30) calendar days prior to the requested tennination date and stating the reason(s) for such a
request Howeyer, the COUNTY reserves the right to . accept, or Ilotaccep~ .the. termination request .submitted by the
PROVIDER, and no such termination request submitted by the PROVIDER slulllbecomeeffeotive until
PROVIDER is notified, in writing, .bythe COUNTY of its acceptance. If the PROVIDER is adjudged bankrupt or
insolvent; if it makes a general assignment for the benefit of its creditors; if a trustee or receiver is appointed for the
PROVIDER or for any of its property; or if it files a petition to take advantage of any debtor's act or to reorganize
under the bankruptcy or similar laws; or if it disregards the authority of the COUNTY'S designated representatives;
or if it otherwise violates any provisions of this Agreement; or for any other just cause, the COUNTY may, without
prejudice to any other right or remedy, and after giving the PROVIDER written notice, tenninate this Agreement.
ARTICLE 19.0 -MODIFICATIONS
Modifications to the terms and provisions of this Agreement shall only be valid when issued in writing as a properly
executed CHANGE ORDER(S). In the event of any conflicts between the requirements, provisions, and! or terms of
this Agreement and any written CHANGE ORDER(S), the CHANGE ORDER(S) shall take precedence.
ARTICLE 20.0 -ACCEPTANCE
Acceptance of this Agreement shall be indicated by the signature of the duly authorized representative of the parties
in the space provided.
12
Agenda Item No. 16F7
July 26,2005
Page 15 of 19
ARTICLE 21.0 - CONFUCT OF INTEREST
As a condition of this AGREEMENT, PROVIDER shalJ provide a list of any businesses and/or organizations to
whom the firm has any affiliation or obligations within the past five (5) years; whether paid or donated, which could
be construed by the COUNTY as a conflict of interest. PROVIDER must also include the following information:
1. Provide full disclosure of information on any work performed for private interests within the past (2) years,
which may be in conflict with the work to be performed for the COUNTY under this contract, especially work
that is not yet completed.
2. Declaration of commitment not to pursue any private sector work within the limits of the COUNTY contract or
directly affected by the COUNTY contract.
PROVIDER represents that it presently has no interest and shaD acquire no interest, either direct or indirect, which
would conflict in any manner with the performance of services required hereunder. PROVIDER further represents
that no persons having any such interest shall be employed to perform those services.
By signing this AGREEMENT, a principal of the firm certifies that the firin will comply fully with the provisions of
this section.
13
Agenda Item No. 16F7
July 26. 2005
Page 16 of 19
IN WITNESS WHEREOF, the parties have executed this Agreement effective the day and year
first written above.
BY:
DATE:
BOARD OF COUNTY COMMISSIONERS
FOR COLLIER COUNTY, FLORIDA, A
POLITICAL SUBDMSION OF THE STATE
OF FLORIDA
ArrEST:
Dwight E. Brock, Clerk of Courts
(SEAL)
BY:
Fred W. Coyle, Chairman
DATE:
Provider Name:
The FergUlOD Group, LLC.
By:
Signature
First Witness
Typed Title and Name
trypelprint witness namet
Second Witness
trypelprint witness namet
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
Assistant County Attorney
DATE:
14
EXHIBIT A
Agenda Item No. 16F7
July 26, 2005
Page17of19
BASIC SERVICES
GENERAL SCOPE STATEMENT
The Provider shall provide and perform the following professional services which shall constitute the GENERAL
SCOPE of the SERVICES under the covenants, terms, and provisions of this SERVICE PROVIDER
AGREEMENT:
Provide for representation of Collier County government to ensure that the County's interests are best
represented in securing federal funding.
1.0 PROVIDER shall perform the following services:
(a) Advocate the COUNTY's federal legislative program, secure sponsors for necessary bills,
amendments, resolutions, represent the interest of the COUNTY before legislative and executive
branches of the federal government and their respective departments, agencies, offices, committees,
and other federal governmental units, and identify other areas of interest and concern to COUNTY,
including the identification of grants and other types of federal funding which may be available to
assist the COUNTY in its infrastructure investments and advocate those interest and concerns on
behalf of COUNTY.
(b) Confer with the County Manager and such other COUNTY personnel as the County Manager may
designate on all organizational planning and program activity which may have an impact on
COUNTY's ability to make the best use of federal programs.
(c) Review federal executive proposals, proposed and adopted administrative rules and regulations,
legislation under consideration, and other developments for the pwpose of advising COUNTY of those
items which may have an impact on COUNTY policies and/or programs.
(d) Secure and furnish such detailed information as may be available on federal programs and grants in
which the COUNTY indicates an interest or which may be of potential benefit to COUNTY.
(e) Upon request of the County Manager or his designee, review and comment on COUNTY's proposals
which are being prepared for submission to Congress, the Administration, and federal agencies.
(f) On COUNTY's behalf, establish contacts with federal agencies, supervise, and monitor COUNTY
funding applications under consideration by such agencies.
(g) Consult with COUNTY regarding any proposed formula changes in federal programs to determine
their impact on COUNTY and take the necessary steps, including advocating formula changes for the
COUNTY, as determined by the County Manager or his designee.
(h) Identify opportunities for Collier County officials to appear before congressional committees and
members of Congress to testify or discuss issues of concern to the COUNTY and to provide research
materials, written testimony, or other assistance, if requested, for use by COUNTY officials in
conjunction with their appearance or meetings.
(i) Provide such other services and representations as are typically performed or provided by
governmental lobbyists, as designated by the County Manager or his designee. Such services may
include, but are not limited to, participation in associations or coalitions with similar objectives as the
COUNTY or coordinating activities with lobbying representatives of other public or private entities
where issues of common interest exist and such a coordinated lobbying effort will clearly benefit the
COUNTY.
(j) In accordance with the federal legislative priorities established by the County Commission, PROVIDER
shall submit a monthly written report to the County Manager outlining and descnbing the activities
15
Agenda Item No. 16F7
July 26, 2005
undertaken to accomplish each assignment PROVIDER agrees to apply its in-house expe~eJB of 19
strategy development to accomplish specific assignments of the COUNTY.
(k) Assist COUNTY in researching and preparing draft legislation to be proposed and presented to
legislative representatives.
(I) Provide a minimum of three (3) professional presentations to the Collier County Board of County
Commissioners on a schedule to be determined by the County Manager or his designee.
(m) Provide a free trial ofeCivis grant service for three (3) months with multiple user capabilities.
2.0 The County will not be restricted to utilizing, on an exclusive basis, the services orThe Ferguson GroUD. LLC.
The County may, at times, need additional specialized lobbying services, which will be solicited OD an independent
basis.
16
Agenda Item No. 16F7
July 26, 2005
Page 19 of 19
EXHIBIT B
COMPENSATION AND METHOD OF PAYMENT
Section 1.
BASIC- SERVICESrrASK(S)
The COUNTY shall compensate the PROVIDER for providing and performing the Task(s) set forth and enumerated
in EXHIBIT "A", entitled "SCOPE OF SERVICES", as follows:
TASK TITLE
Lobbyist Services as outlined in
Exhibit A, Basic Services
COMPENSATION
$7,700 permonth
Not to Exceed
$ 97,500
per year inclusive
of expenses
TRAVEL AND REIMBURSABLE EXPENSES
Travel and Reimbursable Expenses shall not exceed five thousand one hundred dollars ($5,100.00) unless approved
in advance in writing by the County. Travel expenses shall be reimbursed as per Section J 12.061 Fla. Stats.
Reimbursements shall be at the following rates:
. ort Limousine
mile
Reimbursable items other than travel expenses shall be limited to the following: telephone long-distance charges,
fax charges, photocopying charges and postage. Reimbursables will be paid only after Provider has. provided all
receipts. Provider shall be responsible for all other costs and expenses associated with activities and solicitations
undertaken pursuant to this Agreement.
Section 2 ADDmONAL SERVICES
The COUNTY shall compensate the PROVIDER for such ADDITIONAL SERVICES as are requested and
authorized in writing for such amounts or on such a basis as may be mutually agreed to in writing by both parties
to this Agreement. The basis and/or amount of compensation to be paid to the PROVIDER for ADDITIONAL
SERVICES requested and authorized in writing by the COUNTY shall be as set forth in Article 3.8 of this
Agreement.
17
Agenda Item No. 16F8
July 26, 2005
Page 1 of 16
EXECUTIVE SUMMARY
ReeommendatioD to approve ad transmit SeDate Bill 360 GHteh AlDeDdmeDts as
provided by Collier COODty govel'lUDent staff to the Collier COODty Legislative
DelegatioD, the Florida Senate Committee OD CommuDity Aftain aDd the Florida
House Committee OD Growth MaDagemeDt, ad the Florida AssociadoD of Counties.
OBJECTIVE: To protect and preserve Collier County's efficient and effective growth
management initiatives and strategies, sa 360 must be revised with an overall objective
of providing county governments the flexibility of meeting their unique growth
management goals, objectives and policies, and addressing their specific challenges.
~QNSlDERATION: Senate Bill 360 took effect on July 1, 2005. Subsequent to the
effective date of the bill, the Senate Committee on Community Affairs and the House
Committee on Growth Management were assigned interim projects to develop a glitch
bill to address deficiencies in the bill. Both the Senate and the House were involved in
last minute final negotiations pertaining to the enacted version of the bill, and both
legislative bodies recognize that the bill in its final form does not give full effect to either
the House or Senate approach to issues raised during the legislative session and the bill as
written represents a compromise that warrants revisions.
.-
In furtherance of addressing the aforementioned deficiencies that have been identified in
the bill, the House and Senate staffs have requested that local governments identify
glitches or necessary changes to fully implement the goals of sa 360.
In addition, during a joint Collier County Legislative Delegation/Board of County
Commissioners Post 2005 Legislative Session Workshop held June 8 in the boardroom,
the state representatives in attendance - Sen. Burt Saunders, Rep. J. Dudley Goodlette,
and Rep. Mike Davis - encouraged COlmty Commissioners and County Manager's
Agency staff to provide them recommendations for revisions to SB 360. Board Chairman
Fred Coyle obliged in a letter dated June 10,2005 (attached).
The county staff glitch amendments are compiled into one document and attached to this
agenda item; that docwnent was transmitted to meet a state deadline as a preliminary
document on July 20, 2005 to the Collier County Legislative Delegation, the Senate
Committee on Community Affairs and the House Committee on Growth Management,
and the Florida Association of Colmties.
FISCAL IMPACT: There is no fiscal impact associated with this executive summary.
GRowra MANAGEMENT IMP ACT: There is no growth management impact
associated with this executive summary.
LEGAL CONSIDERATIONS: There are no legal considerations associated with this
executive summary.
-
Agenda Item No. 16F8
July 26, 2005
Page 2 of 16
.-
RECOMMENDA nON: That the Board of County Commissioners approves the Senate
Bill 360 Glitch Amendments as provided by Collier County government staff and
transmits them to the Collier County Legislative Delegatio~ the Florida Senate
Committee on Community Affairs and the Florida House Committee on Growth
Management, and the Florida Association of Counties.
Prepared by Debbie Wight, Assistant to the County Manager
/"~
.---
Item Number
Item Summary
MeetIng Date
Approved By
Michael Smykowski
County Manager's Office
Agenda Item No. 16F8
July 26, 2005
Page 3 of 16
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F8
Recommendation to approve and transmit Senate Bill 360 Glitch Amendments as provided
by Collier County government staff to the Collier County Legislative Delegation, the Florida
Senate Committee on Community Affairs and the Florida House Committee on Growth
Management, and the Florida Association of Counties.
7/26/20059:0000 AM
Management & Budget Director
Date
Office of Management & Budget
7/19/20054:56 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
7/19/20056:02 PM
..
..
Donna FIala
District 1
Frank Halas
District 2
Tom Henning
District 3
Fred W. Coyle
District 4
Jim Coletta
District 5
Agenda Item No. 16F8
July 2 5
Pa
P/Joado/~~ ~~ ~~
3301 East Tamlaml Trail · Naplea, Florida 34112 . 49n
(239) n4-8097. Fax (239) n4-3802
June 10, 2005
The Honorable Senator Burt L. Saunders
3301 Tamiami Trail East
Naples, FL 34112
The Honorable Representative Mike Davis
3301 Tamiami Trail East
Naples, FL 34112
The Honorable Representative Dudley Goodlette
3301 Tamiami Trail East
Naples, FL 34112
Dear Senator Saunders, Representative Davis and Representative Goodlette:
Thank you for participating in the Post 2005 Legislative Session Workshop Wednesday, June 8,
2005. I hope we have adequately conveyed to you our appreciation for your hard work on the
Growth Management Bill and our concerns with some of the provisions of that bill.
I do understand that through your efforts the current bill is substantially improved from earlier
versions; however the concept ofa "one size fits all" growth management plan is fatally flawed.
The growth management challenges and potential solutIOns for Florida counties vary
dramatically. Local government needs substantially greater flexibility than that provided by
SB360.
Nevertheless, the Florida Legislature has passed the bill and we must turn our attention to
improving this legislation. As promised, I have summarized some of the more important issues.
I hope they will be useful in your efforts to clarify and strengthen the bill. For your convenience,
I have identified each bill provision with the page and line numbers in parenthesis.
Agenda Item No. 16F8
July 26, 2005
Page 5 of 16
Senator Saunders
Representative Davis
Representative Goodlette
June 10,2005
Page 2
. Bill Provision. Sewer, water, drainage, water supplies and potable water facilities shall
be in place before a certificate of occupancy is issued. (40, 12)
. Parks and recreation facilities in place no later than 1 year from certificate of
occupancy. (41, 5)
. Transportation facilities in place or under construction within 3
years after building permit is issued. (41, 19)
. Question. Why is the concurrency of park and recreation facilities considered more
important than transportation facilities? Why not require all essential infrastructure to be
in place before the impacts of development? Permitting delays between infrastructure
and impact merely assures that concurrency is never achieved.
. Recommendation. Require real-time concurrency for Transportation facilities or
specifically authorize local governments to enact real-time transportation concurrency
without State approval.
. BUl Provision. Local government must grant EXCEPTIONS to concurrency
requirements for all development related to urban infill, urban re-development,
downtown revitalization, and special part-time demand. (43, 1-14)
. Recommendation. This means that all development west of Collier Boulevard would be
exempt from concurrency requirements. There should be NO exceptions to concurrency
for any development unless there is a clear public purpose. This determination should be
made by local government, not the State.
. Bill Provision. If a local government adopts a long-term concurrency management
system, it must also adopt a long-term capital improvements schedule covering a 10- or
I5-year period (which is it???). The plan must befinanciallyfeasible. (11,3-8)
. Recommendation. Financial feasibility out to 10 or 15 years is speculative at best.
Because local governments cannot remove projects from the capital improvement plan
without State permission, this is a disincentive to the creation of a concurrency
management system. This requirement should be deleted from the bill.
Agenda Item No. 16F8
July 26, 2005
Page 6 of 16
Senator Saunders
Representative Davis
Representative Goodlette
June 10, 2005
Page 3
· Bill Provision. The requirement that level of service standards be achieved and
maintained SHAll NOT APPL Y if a developer uses the proportionate share mitigation
process. (7, 24-27)
· Recommendation. Level of service standards should not be waived. Delete this waiver
from the bill.
· Bill Provision. if the financial feasibility of the 5-year capital improvement plan depends
upon fUnding sources which require referenda, local governments must identify other
fUnding sources if the referenda fail or amend the plan. (9, 12-26)
· Recommendation. Amending the plan requires State approval. This could require local
governments to impose property taxes to pay for projects the voters have rejected. Either
allow local govenunents to amend the plan without State approval or remove this
provision from the bill.
· Bill Provision. By 12/01/06, local governments must adopt a methodology for assessing
proportionate fair-share mitigation. By 12/01/05, the Florida Department of
Transportation (FDOT) must develop a model concurrency management ordinance with
proportionalfair-share options. (61,24-30)
· Questions. Will local govenunents be required to follow the FOOT model, thereby
further eroding the home rule authority of local governments?
· Bill Provision, Transportation improvements fUnded by the proportionate fair-share
component MUST be included in the 5-year capital improvement schedule. (63, 23-27)
· Recommendation. Other portions of the bill make it clear that some fair-share mitigation
payments will not cover the total cost of the project. The project should not be included
in the 5-year plan unless the project is FULLY funded.
Agenda Item No. 16F8
July 26, 2005
Page 7 of 16
Senator Saunders
Representative Davis
Representative Goodlette
June 10,2005
Page 4
. BUl Provision. Updates to the 5-year plan which reflect proportionate fair-share
payments MAY NOT BE FOUND NOT IN COMPUANCE if additional funds are
reasonably expected in the next 10 years. (62, 15-20)
. Recommendation. Why such unusual protection for proportionate fair-share payments?
Furthermore, a 10-year funding projection is highly speculative. This provision seems to
limit the rights of anyone who wants to challenge the decision to add such projects to the
Growth Management Plan. This provision should be deleted.
. BUl provision. A local government may not require a development to pay more
than its proportionate fair-share. (63, 1)
. Recommendation. This provision should be deleted. There are many circumstances
where developments contribute more than their fair share to the benefit of the public.
This should not be discouraged.
. BiU Provisions. If the developer elects to use the proportionate fair-share mitigation. the
level of service standards are waived. (7,24)
. Recommendation. The standards are waived for whom? That developer or the entire
facility or road segment? LOS standards should not be waived.
. BUl Provisions. The local government must identify ALTERNATIVE water supply
projects to meet water needs of existing and new development. (J 5, 5-13)
. CommentslRecommendations. Water districts control well permits. If our traditional
sources of water (aquifers) become overburdened and the district refuses to issue permits,
local government MUST pursue alternative sources (desalination or RO). (14, 26-29).
Who pays the substantially higher costs? This has the potential to force taxpayers to pay
the higher costS of expensive water to meet the needs of growth.
Agenda Item No. 16F8
July 26, 2005
Page 8 of 16
Senator Saunders
Representative Davis
Representative Goodlette
June 10,2005
Page 5
· Bill Provision'. These provisions do not apply to a multi-use development of regional
impact satisfying the requirements of subsection (12). (64. 3)
· Comment. Cannot find subsection (12) to determine what is being exempted.
· BUl Provisions. Statutory exemptions for a number of categories of developments of
regional impact (87)
· Comment. What does this mean?
· Bill Provision'. Funding (no details provided)
· Comment. The additional funding promised is a very positive component of this bill.
Since local governments are required to develop long-range plans that are financially
feasible, what are the sources of these funds and what guarantees exist that the funds will
be recurring year after year? In order to assure available funding for long-range
planning, I strongly recommend that a trust fund be established.
As we discussed at our meeting on Wednesday, June 8, 2005, we feel the bill has many positive
aspects, but it is confusing and incomplete. The details concerning proportionate, fair-share
mitigation have not been developed and there is no way we can determine the ultimate effect on
future revenues from impact fees. Although this legislation has been passed by the legislature
and is likely to be signed by the Governor, it appears 8B360 is not a completed bill but a work in
progress which creates obligations for local governments that cannot be fully assessed at the
present time.
-'- .
Agenda Item No. 16F8
July 26,2005
Page 9 of 16
Senator Saunders
Representative Davis
Representative Goodlette
June 10, 2005
Page 6
To the extent that our concerns are the result of confusion over the provisions of the bill, they
can be easily allayed by some clear language. To the extent there is a fundamental difference in
policy, I would hope you would defer to those who have to deal with growth management
problems on a daily basis and be guided by this principle: INFRASTRUCTURE FIRST;
GROWTH SECOND. Growth management should never be subordinated to the schedule of
developers.
Sincerely,
~
Fred Coyle, Chairman
Board of County Commissioners
FWC: pas
CC: Commissioner Donna Fiala, District 1
Commissioner Frank Halas, District 2
Commissioner Tom Henning, District 3
Commissioner Jim Coletta, District 5
James Mudd, County Manager
Agenda Item No. 16F8
July 26,2005
Page 10 of 16
SB 360/Growth Management Bill
"Glitch Bill" Recommendations
Provided by Collier County Staff
07.26.05
On July I, 2005, SB 360 took effect Subsequent to the effective date of the bill, the
Senate Committee on Community Affairs and the House Committee on Growth
Management were assigned interim projects to develop a glitch bill to address
deficiencies in the bill. Both the Senate and the House were involved in last minute final
negotiations pertaining to the enacted version of the bill, and both legislative bodies
recognize that the bill in its final form does not give effect to either the House or Senate
approach to issues raised during the legislative session and the bill as written represents a
compromise product that warrants revisions.
In furtherance of addressing the aforementioned deficiencies that have been identified in
the bill, House and Senate staffs have requested that local governments identify glitches
or necessary changes to fully implement the goals of sa 360. It may be prudent to
forward the identified glitches and necessary changes to the local legislative delegation,
the applicable House and Senate Committees, as well as the Florida Association of
Counties.
An initial analysis of the bill indicates that the provisions of the bill are ubiquitous even
though the 67 counties and numerous municipalities in the state are not similarly situated.
The inability of the bill to afford local gov_ent flexibility in its developing a unique
growth management strategy is inherently problematic as "one size fits all" growth
management legislation does not recognize that different local governments have varied
growth management strategies and needs. For example, it is highly unlikely that the
strategies and needs of rural counties and municipalities are similar to the strategies and
needs of urban counties and municipalities.
Collier County is a unique governmental entity in the state with respect to implementing
innovative growth management strategies, tools and techniques. The county has
implemented the most stringent transportation checkbook concurrency system as well as
the states first rural land stewardship area program. Senate Bill 360 as written could
adversely affect and undo what has taken years to implement as the county strives to
address its specific growth management and environmental issues.
Below is a synopsis of identifiable glitches and necessary changes that are warranted
from Collier County's perspective. This synopsis is proffered with a general caveat that
the county reserves the right to provide additional comments when the glitch bill is
drafted. The rationale for this caveat is the lack of certainty in various sections of SB 360
which presently allows the county to comment only in general; additional specificity will
most likely be warranted when the proposed changes are forthcoming in the glitch bill.
Agenda Item No. 16F8
July 26,2005
Page 11 of 16
(2)
The comments and observations are not meant to be page specific as there are numerous
cross references and areas of the bill that will have to be changed considering the
magnitude ofSB 360 provisions affecting Collier County.
Community DeveloDment & Environmental Services Division
1. The provisions for concurrency management systems, proportionate fair share
payments and a financially feasible capital improvements element appear to be
internally inconsistent. (SB 360 _3rd Engrossed version, pages 61-64)
2. The provisions for proportionate fair share payments and a financially feasible
capital improvements element could eviscerate the two-year transportation
checkbook concurrency program implemented by the county and approved by the
Florida Department of Community Affairs (DCA). The county may be prevented
from applying a more stringent concurrency management system as a means to
link land use planning with transportation planning. The most likely outcome
could be additional transportation congestion and gridlock if new development is
afforded the opportunity to make fair share payments and transportation
improvements are not in the five-year financially feasible capital improvements
element. The improvements may be in the 10- or IS-year financially feasible plan
referenced in the bill and congestion and gridlock for that long of a period of time
is unacceptable. (SB 360 _3rd Engrossed version, pages 8-11 and 47)
3. Projects funded via the proportionate fair share mechanism must be added to the
capital improvements schedule. This requirement could result in a financial
dilemma for the county and may accelerate the already rampant rate of growth.
(SB 360 _3rd Engrossed version, page 63) . .
4. Level of service (LOS) standards set out in growth management plans for
transportation improvements and concurrency management become meaningless
with the proposed provisions for proportionate fair share payments. Page 7,
section 32 of the bill states that "the requirement that LOS standards be achieved
and maintained shall not apply if the proportionate share process set forth in s.
163.3180 (12) and (16) is use." (SB 360 _3ro Engrossed version, page 7)
5. The provision that requires approval from the DCA to remove projects from the
five-year financially feasible plan acts as a disincentive to include projects that are
necessary where funding may be contingent on a variety of factors. For example,
gas tax revenues may not be realized as anticipated which would result in a
financial shortfall. Hypothetically, the DCA could require the county to make up
the shortfall from ad valorem taxes, which could adversely affect other services
the county must provide. (SB 360 _3rd Engrossed version, page JO)
6. There are numerous vague, ambiguous and subjective provisions and terms in the
bill. There are too many to list them all, but examples would include undefined
terms such as "committed" and ''tax revenues." (SB 360 _3rd Engrossed version,
page 7; definition of "financial feasibility") As a result, the entirety of the bill
could result in numerous subjective interpretations where local governments
Agenda Item No. 16F8
July 26, 2005
Page 12 of 16
(3)
cannot know if they are addressing growth management as contemplated in sa
360.
7. The time-sensitive requirements for all aspects of the bill are unrealistic, as the
county will not have its state-mandated Evaluation and Appraisal Report (EAR)
based amendments adopted until late 2006.
8. The bill still does not adequately address the issue of de minimus impacts related
to roads and hurricane evacuation. (SB 360 _3rd Engrossed version, page 45)
9. The provision that requires all categories of affordable housing located in Rural
Land Stewardship Areas could result in a lack of flexibility for more appropriate
off-site affordable housing mitigation. (SB 360 _3rd Engrossed version, pages 22
and 87)
10. The bill does not contemplate the affect of the timing of capital improvements
elements related to the county Annual Update and Inventory Report (AUIR). (SB
360 -r Engrossed version, page 10)
11. Revisions need to be made to insure that the 110 percent threshold covers all
development above a single family home regardless of the status of vesting or
other questioned criteria. (SB 360 _3rd Engrossed version, page 45)
12. The provisions related to granting exceptions to concurrency requirements for all
development related to urban infill, urban redevelopment, downtown
revitalization and part time demand should be reexamined in the context of the
county's checkbook concurrency program. (SB 360 _3rd Engrossed version, page
65)
13. The State Deparbnent of Transportation (DOT) is required to develop a model
concurrency management ordinance that includes proportionate fair share options.
Local governments must adopt a methodology for assessing proportionate fair
share mitigation by December 1,2006. The inherent problem is the state's model
ordinance most likely would be inconsistent with the county's checkbook
concurrency system. If the county is required to be consistent with the state's
model ordinance, then the county's two-year checkbook concurrency system
could become inapplicable. (SB 360 _3rd Engrossed version, page 61)
14. The requirement for long-tenn financially feasible plans beyond the five-year
financially feasible time period is fraught with problems. It is virtually impossible
for county governments to project funding mechanisms beyond five (5) years. The
degree of uncertainty with funding sources such as ad valorem taxes, gas taxes,
and other recurrent revenue sources become even more speculative as the plans,
which are purported to be financially feasible, look at 10- and IS-year horizon
periods when local governments have a transportation backlog for existing
development which cannot be addressed in the five-year capital improvements
plan. (SB 360 _3rd Engrossed version, page 47)
As stated earlier, the. bill does not afford local government flexibility in developing a
unique growth management strategy that meets local needs. The aforementioned
comments and observations are applicable to almost every governmental entity in the
state. Moreover, sa 360 would have adverse implications in Collier County and
Agenda Item No. 16F8
July 26, 2005
Page 13 of 16
(4)
possibly undo the innovative and progressive growth management initiatives that
were ironically the byproduct of a stipulated settlement entered into between the DCA
and Collier County.
In order to preserve Collier County's growth management initiatives, sa 360 should
be revisited with an overall objective of providing local governments the flexibility in
meeting their unique growth management goals, objectives and policies.
TransDortation Services Division
1. The requirement that LOS standards be achieved and maintained shall not apply if
the proportionate share process set forth in S 163.3180 (12) and (16) is used.
There needs to be flexibility for a local government to apply their concurrency
system irregardless of a proportionate share payment that mayor may not cover
the costs of needed improvements. (SB 360 _3m Engrossed version, page 7,
section 32)
2. Not that the county is suggesting a date change to the bill, but the county needs to
consider changing when it does the AUIR such that, starting in 2007, the CIE is
completed prior to the December I, 2007 mandated date. (SB 360 _3rd Engrossed
version, page 10, lines 10 through 18)
3. This is good planning and the interlocal agreement should spell out how we get
there, but we do not have dedicated funding sources for sidewalks, turn lanes,
bicycle paths and signals for schools and the county does not seem to be making
any headway on getting the county School Board to address this issue as part of
their impact fee update.( or some other means for that matter). Obviously, it would
be helpful if the bill identified a means for the county or the state to address these
differences. (SB 360-3rd Engrossed version, page 30, lines 18 through 27)
4. The bill needs to be revised to add flexibility for a local government to be stricter
than the three-year requirement. (SB 360 _3,d Engrossed version, page 41, lines
17 through 24)
5. Revisions need to be made so that it is clear that the 110 percent threshold covers
all development above a single-family house regardless of the status of vesting or
other always questioned criteria (read in loopholes). The county is getting mixed
interpretations across the development community (and assorted lawyers that
represent them and the county) that this bill can clear up with one sentence. (SB
360 _3rd Engrossed version, page 45, lines 14 through 26)
6. The bill needs to be changed to exclude proportionate share methodology for
communities that currently have impact fees and an established Transportation
Concurrency Management System. It makes no sense to try and implement a
proportionate share program when a community already does the same thing
through an impact fee program. Also, the bill, for communities using
proportionate share methodology, needs 'to better define how the local
government is going to deal with a partial payment of a project when it does get
sufficient funding to do the project but is still required to add a project to the new
Agenda Item No. 16F8
July 26,2005
Page 14 of 16
(5)
CIE based on the developer paying its proportionate share (even a growth
management expert's analysis stated that this could be added if the balance of
other monies to complete the project are reasonably anticipated within 10 years
and obviously that leads to the question of why a local government would want to
allow the development and the impacts that could cause failure for five (5) to 10
years until the project was actually done. (SB 360 _3rd Engrossed version, pages
61, 62 and 63, paragraph 16 a, b, c, d, e &f)
Public Utilities Division
· Note: Items 1- 5 below address both SB 360 and SB 444 while Item 6 primarily addresses SB 360.
1. Water Management Districts Should be Required to Provide a "Real" Match
for State Funds - Glitch legislation should clarify that the water management
districts cannot use their match of the state grant dollars to do anything other than
fund new water supply development projects. Many of the water management
districts are simply designating as their "matching funds" funding for existing
water resource development projects that do not actually provide any water fOT
public uses. This creative bookkeeping by the districts has essentially eliminated
the concept that the water management districts would provide a match fOT the
state grant funds. Consequentially, the only real match under Senate Bill 360 and
Senate Bill 444 is the local government match.
2. State and Water Management District Grant Funds Should be for AU Capital
Costs - Project capital costs are defined in Section 373.019 as ''planning, design,
engineering, and project construction costs:' The water supply grant program
passed in 2005 had the practical effect of limiting most grant funding to only
construction costs. Section 373.196(6) should be revised to allow state and
district grant funds to be used for all project capital costs.
Significant portions of the total cost in developing alternative water supplies are
the design, engineering and planning of the facility. It is appropriate to include
these capital costs in allowable costs under the grant program. For example,
aquifer storage and recovery (ASR) is an important alternative water supply
technology that can allow large quantities of fresh water to be stored until needed
without the expense or risks of building a reservoir. An ASR facility consists
primarily of pipelines and a handful of injection and withdrawal wells, and the
construction costs are relatively low. The significant expense of ASR is in the
planning and design of the facility to assure that the water will be injected at the
right place and at the right rate to maximize recovery of the stored fresh water.
3. Water Management Districts Should Plan for Impacts of Reservations - Florida
Statutes should be revised' to clarify the impacts of reservations for the
Comprehensive Everglades Restoration Project (CERP) on existing and future
water supplies. Specifically, the regional water supply plan should identify any
l
I
Agenda Item No. 16F8
July 26, 2005
Page 15 of 16
(6)
existing or future reservations proposed for adoption within the planning horizon,
and the impact of those reservations on existing legal sources of water and on any
future traditional or alternative sources of water which have been:
a. Included in a regional water supply plan;
b. Proposed by a local government or other water user for inclusion in a
regional water supply plan;
c. Identified by the local government or other water user in a capital
improvement plan or other plan for development or expansion of water
systems; or
d. Identified as a source of water in a permit application that has been
submitted to a water management district but has not yet been approved or
denied.
In addition, when new reservations are adopted the water management district
should be required to develop strategies for meeting future reasonable-beneficial
demands for water that could be met from an identified source, but will not be
available because of the new reservation.
4. Regional Water Supply Plans Should Set a Floor, Not a Ceiling, for Water
Supply Planning - Section 163.3191(2) was amended to require that EAR's
evaluate whether the local government has planned for water supplies needed to
meet the demand projected by the water management district in the applicable
regional water supply plan. This provision could be interpreted to limit the
authority of a local government to plan for water demands greater than the
demand projected in the regional water supply plan. The intent of SB 360 was to
make local governments plan responsibly for growth., not to give the water
management districts the ability to arbitrarily limit growth..
If this glitch is not corrected it could have the effect of arbitrarily limiting growth.
This is because Section 373.0361(2)(a)1. requires water management districts to
use the "medium" Bureau of Economic and Business Research (BEBR) growth
estimates, unless better data is available. Growth. in Collier County regularly
exceeds the "high" BEBR growth. estimates. The county hopes the water
management district will recognize in its regional water supply plan that growth
in Collier County does not follow the BEBR model. However, the emphasis in
the statute on use of the medium BEBR growth projection could be misinterpreted
by regulators to force Collier County to only plan for that slower level of growth..
Collier County's ability to plan responsibly to meet the water needs of future
growth should not be limited by the regional water supply plan. The growth
projection in regional water supply plan should be a floor, not a ceiling.
5. Funding Should Not Be Used/or CERP Projects - The legislation makes a total
of$IOO million available to the districts for alternative water supply projects and
Agenda Item No. 16F8
July 26, 2005
Page 16 of 16
(7)
$30 million will be allocated to the South Florida Water Management District. It
should be clarified that these funds are only to be used for water suppliers and not
by the District for CERP projects.
6. Impact Fee Task Force - Collier County operates a viable program which utilizes
impact fees to fully fund water and wastewater projects serving future growth.
The county is concerned that the integrity of the county's present program not be
disrupted as a result of Task Force recommendations.
Agenda Item No. 16H 1
July 26,2005
Page 1 of 13
-,
EXECUTIVE SUMMARY
Recommendation to accept a final status report from the Community
Character/Smart Growth Advisory Committee, sunsetting on June 26, 2005.
OBJECTIVE: To accept a final status report of the Community Character/Smart
Growth Advisory Committee (herinafter "CCSGAC") as required upon sunset.
CONSIDERATIONS: At the Strategic Planning Workshop in March, 2001, the Board
of County Commissioners (hereinafter "BCC") discussed the need for the implementation
of the Community Character Plan and other Smart Growth concepts for Collier County;
furthennore, at the Community Character Plan Workshop in June, 2001, the BCC agreed
that a citizen committee be established to assist staff with the impementation of the
Community Character Plan through amendments to the Collier County's Growth
Management Plan, Land Development code and other changes. Consideration be
requested that the BCC accept the report as final and continue supporting the group's
efforts through approval of the upcoming Land Development Code amendments
submitted by the CCSGAC promoting Mixed Use in Residential and Commercial PUDs.
r-
FISCAL IMPACT: There is no fiscal impact upon acceptance of this report.
GROWTH MANAGEMENT IMPACT: There is no direct Growth Management
Impact upon acceptance of this report; however, through the implementation of the
CCSGAC proposed LDC amendments, Collier County will ultimately benefit in the area
of density growth versus sprawl growth, thus encouraging the original Dover Kohl report,
accepted by the BCC in April, 2001.
RECOMMENDATION: Recommendation that the BCC accept the final status report
of the CCSGAC and reports included.
SUBMITTED BY:
Date:
Sam Tucker, Executive Aide
REVIEWED BY:
Date:
APPROVED BY:
Date:
Sue Filson, Executive Manager
r-'
Item Number
Item Summary
Meeting Date
Agenda Item No. 16H1
July 26,2005
Page 2 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16H1
Final status report to the Board of County Commissioners from the Community
CharacterlSmart Growth Advisory Committee, sunsetting June 26, 2005,
7/26/20059:00:00 AM
Prepared By
Date
Sam Tucker
Board of County
Commissioners
Executive Aide to the BCe
6/29/20052:37:18 PM
BCC OffIce
Approved By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCC
Date
Approved By
BCC Office
6/29/2005 4:10PM
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
7/11/20055:21 PM
Agenda Item No. 16H1
July 26, 2005
Page 3 of 13
COMMUNITY CHARACTER/SMART GROWTH ADVISORY COMMITTEE
FINAL REPORT TO BCC
JUNE 26, 2005
IA.
lB.
I C.
I D.
IE.
IF.
I G:
I H.
I.
ADVISORY COMMI1TEE: I Smart Growth Advisory Committee
CHAIRMAN:
I Mark Morton
STAFF LIAISON: I Jean Jourdan
STAFF AGENCY: I BCC
AUTHORITY:
I Ordinance No.2001-4l
SUBMITTAL DATE: I June 26, 2005
SUNSET DATE:
I June 26, 2005
LAST BCC REVIEW DATE: I March 22, 2005
SUMMARY:
On June 26, 2001, the BCC created the Community Character/Smart Growth Advisory
Committee (CCSGC) to oversee and assist staff with the implementation of the
Community Character Plan for Collier County and other Smart Growth concepts. The
annual term of the committee has been extended several times, with the most recent
occurring on March 13,2004 via Resolution 2004-101. The CCSGC is comprised of 12
members with Commissioner Tom Henning serving as the BCC liaison. The sunset date
for the committee is June 26, 2005.
The original ordinance indicated that duties and functions of the CCSGC shall be:
1. To oversee and assist staff with the implementation of the Community Character
Plan and other Smart Growth concepts.
2. To provide outreach to neighborhoods and other groups to encourage involvement
in pursuing the goals of the Community Character Plan.
3. To provide a forum for discussion of additional long-range planning ideas to
further the implementation of the goals of the Community Character Plan and
other Smart Growth concepts.
4. To make a recommendation to the BCC on the Governor's Committee on Growth
Management changes.
The CCSGC has contributed to the implementation of several Community Character and
related Smart Growth conc ts into the Growth Mana ement Plan. E les include
Page 1 of4
Agenda Item No. 16H1
July 26, 2005
Page 4 of 13
but are not limited to:
1. The creation of new subdistricts in the Future Land Use Element: the Residential
Mixed-Use Neighborhood Subdistrict, the Urban Commercial - Commercial
Mixed-Use Subdistrict and the Urban Mixed-Use District - Commercial Mixed-
Use Subdistrict.
2. Objective 7 in the FLUE that promotes Smart Growth policies.
3. Promoted parks via the Recreation and Open Space Element.
4. Encourage interconnections between land uses.
5. As a result of the various additions and amendments to the GMP, Land
Development Code revisions have also been made to reflect Smart Growth
policies and concepts.
The CCSGC has worked with the Collier County MPO, Transportation Administration,
Parks and Recreation and other county departments in an effort to create and incorporate
additional land development regulations to perpetuate and strengthen the county's
commitment to Smart Growth. The committee has also consulted with local architects,
planners, developers and organizations such as the Urban Land Institute, the Smart
Growth Network, the Local Government Commission, the State of Florida and the Lee
County Smart Growth Task Force.
1. Whether the CommitteelBoard is serving the purpose for which it was
created.
Yes. The CCSGC has implemented concepts from the Community Character Plan and
has continued to consider and create land development regulations. The Committee
has been working with staff to develop specific criteria for the Land Development
Code for the Mixed Use districts that will be incorporated into the 2005 LDC and
Growth Management Plan Amendment cycles.
2.
Yes.
3. List the Board's major accomplishments for the preceding 12-month
period.
1. The creation of new subdistricts in the Future Land Use Element: the Residential
Mixed-Use Neighborhood Subdistrict, the Urban Commercial - Commercial
Mixed-Use Subdistrict and the Urban Mixed-Use District - Commercial ~ed-
Use Subdistrict.
2. Objective 7 in the FLUE that promotes Smart Growth policies.
3. Promoted park development via revisions to the Recreation and Open Space
Element.
Palle 2 of4
Agenda Item No. 16H1
July 26, 2005
Page 5 of 13
4. Encourage interconnections between land uses through various GMP Elements.
5. As a result of the various additions and amendments to the GMP, Land
Development Code revisions have also been made to reflect Smart Growth policies
and concepts.
6. The Committee initiated the idea of interconnections and, upon review of several
developments for possible interconnections, the Committee coordinated an
interconnection with Naples Dodge and Pine Air Lakes. As a direct result of this
coordination, a public access/egress easement over Naples Dodge is being
realized.
7. Throughout the Collier County Land Development Code and Comprehensive Plan,
integrated principle elements of design for rural villages, towns and hamlets
associated with the implementation of the Rural Fringe Mixed Use District and the
Rural Lands Stewardship Overlay District
8. Incorporated additional land development regulations that will perpetuate and
strengthen the county's commitment to Smart Growth in the LDC and GMP.
9. 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.
IN/A
10. 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.
I NO.H. Whether the Board', membershi@ requirements should be modified.
12. The cos both direct and indire of maintainin the Board.
There are no direct costs associated with this volunteer committee. Indirect costs include
multiple staff support, copying and paper supplies.
I J:
ADDITIONAL BOARD/COMMITTEE COMMENTS:
(
Page 3 of4
Agenda Item No. 16H1
July 26, 2005
Page 6 of 13
K. STAFF COMMENTS:
The Smart Growth Advisory Committee's tenure has created many exciting avenues
to strengthen the County's commitment to smart growth. Their accomplishments are
numerous and their commitment to our community commendable.
Upon the Committee's sunset, Staff will continue to work towards incorporating the
development standards recommended by the Committee for the new mixed-use
subdistricts into the Land Development Code and Future Land Use Element of the
Growth Management Plan.
Page 4 of4
Agenda Item No. 16H 1
July 26, 2005
Page 7 of 13
Collier County Board of County Commissioners
Community Character/Smart Growth Advisory Committee
Update on Progress
Collier County Board of County Commissioners
Community Character/Smart Growth Advisory Committee
· The Community Character/Smart Growth
Committee was established to review the
Community Character plan as originally
presented by Dover Kohl.
· Also reviewed other smart growth
concepts and principals and make
recommendations to the Board on
implementation.
1
Agenda Item No. 16H1
July 26. 2005
Page 8 of 13
~-,
Collier County Board of County Commissioners
Community Character/Smart Growth Advisory Committee
· The Committee reviewed the report to
determine what was not covered by existing
County policies and regulations.
. The Committee also looked at what was in
the prOcess to be adopted or being worked
on by other Committees (Immokalee Master
Plan, Golden Gate Master plan, Rural
Fringe, Rural Lands, etc.).
Collier County Board of County Commissioners
Community Character/Smart Growth Advisory Committee
· The Committee determined that of all the
land use designations in the Community
Character plan, the mixed use development
category in the urban area was not being
addressed.
2
Agenda Item No. 16H1
July 26, 2005
Page 9 of 13
Collier County Board of County Commissioners
Community Character/Smart Growth Advisory Committee
· Mixed use is difficult to do throughout
Florida and the US. because the regulations
are typically set up to view uses individually
and to create separation, buffering, etc.
versus connectivity for pedestrians and
vehicles.
Collier County Board of County Commissioners
Community Character/Smart Growth Advisory Committee
· The desired mixed use development form
would be pedestrian driven and more urban
like "a downtown" or grid pattern.
· Mixed use can occur either as uses over
uses or as separate uses on one site or a
combination of both.
3
Agenda Item No. 16H1
July 26, 2005
Page 10 of 13
'.""-
Collier County Board of County Commissioners
Community Character/Smart Growth Advisory Committee
. Growth Management Plan language was
drafted with staff and approved by the
County and State. That language
established several potential sub-districts
such as Buckley with more general policy
language and some specific criteria.
· The properties where mixed use can occur
within the Urban area are: residential and
commercial zoned properties that are vacant
or could be redeveloped.
Collier County Board of County Commissioners
Community CharacterlSmart Growth Advisory Committee
· The more detailed design standards and
compatibility/zoning would be handled in the
LDC under the PUD section or other
sections.
4
Agenda Item No. 16H1
July 26, 2005
Page 11 of13
Collier County Board of County Commissioners
Community CharacterlSmart Growth Advisory Committee
· The Committee, with staffs assistance and
support of Commissioner Henning, has
prepared draft mixed use development
language for the LDC to encourage the use
of the mixed use concept in the Urban area.
· The language attempts to bridge the gap
between regulations that drive separation
between uses to those that allow
connectivity and closer proximity to each
other.
Collier County Board of County Commissioners
Community Character/Smart Growth Advisory Committee
· The draft language also incentivizes developers to
generate mixed use development in the Urban
areas by increasing density, working on shared
parking concepts and creating design criteria that
favors the combination of residential and
commercial.
· This will hopefully reduce the number of urban intill
projects that will focus entirely either on residential
or commercial strip centers.
5
Agenda Item No. 16H1
July 26, 2005
Page 12 of 13
Collier County Board of County Commissioners
Community Character/Smart Growth Advisory Committee
. Draft language is currently with the Community
Development staff for review and fine tuning. They
will be attempting to get this particular language in
the current LOC cycle.
Collier County Board of County Commissioners
Community Character/Smart Growth Advisory Committee
· Other mixed use incentives that we did not get Into
this language but will need to be considered in
future LDC changes include:
1. Residential use allowed as a permitted use under
the C-1 zoning. Checking with County Legal
staff.
2. Deviation from the native vegetation preserve
requirements. May require a Comp Plan
Amendment
3. Reduced impact fees.
~--'-' --~---
-- .~--------------
-..----..-.---......-..-.
Agenda Item No. 16H1
July 26, 2005
Page 13 of 13
Collier County Board of County Commissioners
Community Character /Smart Growth Advisory Committee
· Committee sunsets next week. We hope you will
continue to help move this important initiative along.
We have enjoyed serving the Citizens of Collier
County.
Collier County Board of County Commissioners
Community Character/Smart Growth Advisory Committee
"Time to put the quills and parchment away
and end the chapter. The book is still being
written and we were part of it. Not bad!"
7
Agenda Item No. 16H2
July 26. 2005
Page 1 of 3
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
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 determined 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 Balas
FUNCTIONIEVENT: Dinner hosted by Raymond James & Associates, Inc., Bryant
Miller & Olive P.A., The PFM Group, and Wells Fargo Corporate Trust Services at the
Florida Association of Counties Annual Conference in Tampa, Florida.
,-.
PUBLIC PURPOSE: Discuss pertinant issues with officials of various companies and
Commissioners from other Florida counties.
DATE OF FUNCTIONIEVENT: June 21, 2005
FISCAL IMPACT: $45.00 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 Frank Halas to
attend function serving a valid public purpose.
PREPARED BY: Trisha McPherson
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: July 26, 2005
,,--
Item Number
Item Summary
Meeting Date
Agenda Item No. 16H2
July 26, 2005
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16H2
Commissioner Halas requests Board approval for reimbursement for attending a function
serving a valid public purpose. Commissioner attended a dinner hosted by Raymond
James & Associates, Inc., Bryant Miller & Olive PA, The PFM Group, and Wells Fargo
Corporate Trust Services at the Florida Association of Counties Annual Conference in
Tampa, Florida on June 21, 2005. $45.00 to be paid from Commissioner Halas' travel
budget.
7/26/20059:00:00 AM
Prepared By
Date
Trlsha McPherson
Board of County
Commissioners
Executive Aide to the BCC
7/141200511:44:59 AM
BCC Office
Approved By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCC
Date
Approved By
BCC Office
7114120051:30 PM
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
7114120051:57 PM
Agenda Item No. 16H2
July 26, 2005
Page 3 of 3
.
Raymond James & Associates, Inc.
Bryant Miller & Olive P.A.
The PFM Group &
Wells Fargo Corporate Trust Services
Cordially invite you and a guest to cocktails
and dinner in conjunction with the
FAC Annual Conference
Date: June 21, 2005
'e
Time:
7:00 p.m. - Cocktails
7:30 p.m. - Dinner
Place: Tina tapa's
615 Channels ide Drive
Tampa, Florida
Phone: (813) 514-8462
Dress: Casual
We look forward to seeing you there!
Please R.S. V.P. as soon as possible to Penni Diviney
(727) 567-1335/ penni.diviney@raymondjames.com
e
~ '* t/5.9i? a ~
PL-\ ~ ~
-
Agenda Item No. 16H3
July 26, 2005
Page 1 of 3
,-
EXECUTIVE SUMMARY
COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO
ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE
OBJECTIVE: For the Board of County Commissioners to declare a valid public
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 determined that attendance at the functions of fraternal, 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: Frank Halas
FUNCTIONIEVENT: Dinner hosted by Waste Management at the Florida Association
of Counties Annual Conference in Tampa, Florida.
.-.
PUBLIC PURPOSE: Discuss pertinent issues with officials of Waste Management and
Commissioners from other Florida counties.
DATE OF FUNCTIONIEVENT: June 22, 2005
FISCAL IMPACT: $15.33 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 Frank Halas to
attend function serving a valid public pwpose.
PREPARED BY: Trisha McPherson
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: July 26, 2005
.r-
r
,,--.
l
,f
Item Number
Item Summary
Meeting Date
Agenda Item No. 16H3
July 26,2005
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16H3
Commissioner Halas requests Board approval for reimbursement for attending a function
serving a valid public purpose. Commissioner attended a dinner hosted by Waste
Management, Inc. at the Florida Association of Counties Annual Conference in Tampa,
Florida on June 22, 2005. $15.33 to be paid from Commissioner Halas' travel budget.
7/26/20059:00:00 AM
Prepared By
Date
Trisha McPherson
Board of County
Commissioners
Executive Aide to the BCC
7/14/20051:23:13 PM
BCC Office
Approved By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCC
Date
BCC Office
7/14/20051:31 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
7/14/2005 1 :58 PM
VWVl
RECEIVED
JUN , 7 2005
-
Age~ J~rT1
July
Pa
WASTE MANAGEMENT
BoIIrd of County CommlIalonera
Waste Management Inc. of Horida
Cordially invites you and your spouse or guest
to join us for dinner.
IL TERRAZZO
Tampa Marriott Waterside Hotel
700 South Florida A venue
(813) 204-6352
Wednesday
6:30 P.M.
June 22, 2005
Prior to our famous "Death Bv Chocolate" event!
RSVP to Tern Douglas
Government Affairs Manager
(239) 253-5337
Looking forward to seeing you at the 2005
Horida Association of Counties Conference.
~tI5.'S3
~Q/\\W. D~~
Agenda Item No. 16H4
July 26, 2005
Page 1 of 3
{"i
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 determined that attendance at the functions of fraternal, 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: Frank Halas
FUNCTIONIEVENT: Late evening reception hosted by Waste Management at the
Florida Association of Counties Annual Conference in Tampa, Florida.
(:
'\"'-...y
PUBLIC PURPOSE: Discuss pertinant issues with officials of Waste Management and
Commissioners from other Florida counties.
DATE OF FUNCTIONIEVENT: June 22, 2005
FISCAL IMPACT: $17.00 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 Frank Halas to
attend function serving a valid public pwpose.
PREPARED BY: Trisha McPherson
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: July 26, 2005
(i
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r
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('
Item Number
Item Summary
Meeting Date
Agenda Item No. 16H4
July 26, 2005
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16H4
Commissioner Halas requests Board approval for reimbursement for attending a function
serving a valid pUblic purpose. Commissioner attended a evening reception hosted by
Waste Management, Inc. at the Florida Association of Counties Annual Conference in
Tampa, Florida on June 22, 2005. $17.00 to be paid from Commissioner Halas' travel
budget.
7/26/20059:00:00 AM
Prepared By
Date
Trisha McPherson
Board of County
Commissioners
Executive Aide to the BCC
7/14/20051:26:27 PM
Bce Office
Approved By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCC
Date
Approved By
BCC Office
7/14/2005 1 :31 PM
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
7/14/2005 1 :59 PM
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Agenda Item No. 1611
July 26, 2005
Page 1 of 4
()
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
July 26, 2005
FOR BOARD ACTION:
1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes,
Chapter 136.06(1), the disbursements for the Board of County Commissioners for
the period:
1. June 4.2005 through June 9. 2005.
2. June 10.2005 through June 16.2005.
3. June 17.2005 through June 23.2005.
4. June 24. 2005 through July 1. 2005.
B. Districts:
1.
Port of the Islands Comrmmity IJIlProvement District: Agenda and
Minutes of January 28, 2005; Agenda and Minutes of February 18,2005;
Minutes of March 24, 2005.
01
\
2. Naples Heritage Community Development District: Agenda and Minutes
of March 14,2005; General Fund Budget FY 2006.
3. Verona Walk. Community Development District: FY2004~2005 Regular
Board Meeting Schedule.
4. North Naples Fire Control & Rescue District: Annual Financial Report;
Audit; Management Letter; Rebuttal to Management Letter; Registered
Office and Agent; Schedule of Regular Meetings; Public Facilities
Report.
5. Cow Slough Water. Control District: Budget for FY 2005~2oo6;
Schedule of Regular Meetings.
C. Minutes:
1. Collier County Planning Commission: Revised Agenda of June 16,2005;
Agenda of July 7,2005; Minutes of April 27, 2005; Minutes of May 5,
2005; Minutes of May 19, 2005.
2.
Community Character/Smart Growth Advisory Committee: Agenda and
Minutes of April 13, 2005; Agenda and Minutes of May 18,2005;
(1
H:DataJFonnat
--
3.
4.
5.
6.
7.
8.
9.
~
10.
11.
12.
r
H:DatalFonnat
Agenda Item No. 1611
July 26, 2005
Page 2 of 4
Agenda and Minutes of June 1,2005; Agenda and Infonnal Minutes of
June 8, 2005 (quorum not met); Agenda and Minutes of June 22,2005
FINAL MEETING (not approved by committee).
Parks and Recreation Advisory Board: Agenda of June 15, 2005;
Minutes of May 18, 2005.
CarIbbean Gardens Blue RIbbon Committee: Minutes of May 16, 2005.
Collier County Historic and Archaeological Preservation Board: Agenda
for June 15,2005; Minutes of May 25,2005.
Lely Golf Estates Beautification MSTIJ: Minutes of May 19,2005
(infonnal, quorum was not met).
Coastal Advisory Inlet Management Sub-Committee Minutes: Minutes of
May 3,2005; Minutes of May 12,2005.
Radio Road Beautification MSTIJ: Minutes of May 17, 2005; Minutes of
May 24,2005; Agenda of June 28,2005.
Collier County Library Advisory Board: Agenda of June 22, 2005;
Minutes of May 25, 2005, regular session; Minutes of May 25, 2005
Annual Meeting.
Development Services Advisory Committee: Revised Agenda of June 1,
2005; Minutes of June 1,2005.
Bayshore Beautification MSTU Advisory Committee: Agenda for July
13,2005; Minutes of June 8, 2005.
Forest Lakes Roadway and Drainage MSTIJ Advisory Committee:
Agenda for July 13,2005; Minutes of June 8, 2005; Minutes for
EMERGENCY MEETING of June 24, 2005.
13. Immokalee Beautification MSTIJ Advisory Committee: Minutes of June
15, 2005; Agenda for September 21, 2005.
14. Collier County Government Productivity Committee: Minutes of May 8,
2005; Minutes of May 24, 2005; Minutes of May 27,2005.
15. Collier County Citizens COIpS Advisory Committee: Minutes of June 15,
2005; Agenda for June 15,2005.
16. Environmental Advisory Council: Agenda for July 6, 2005.
17. Pelican Bay Services Division MSTIJ: Agenda of July 6,2005; Minutes
ofJune 1,2005.
Agenda Item No. 1611
July 26, 2005
Page 3 of 4
a) Clam Bay Sub-Committee: Agenda of July 6, 2005; Minutes of
April 6, 2005.
18. Vanderbilt Beach MSTU Advisory Committee: Agenda of July 19, 2005;
Minutes of June 2, 2005.
19. Golden Gate MSTU Advisory Committee: Agenda of July 12,2005;
Minutes of June 14, 2005.
D. Other:
1) Public Records Request on the Collier County Productivity Committee by
George K. Rasley, Jr. dated June 30, 2005.
..--
----
H:DatalFonnat
Agenda Item No. 1611
July 26,2005
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
Meeting Date
1611
Miscellaneous correspondence to file for record with action as directed.
7/26/20059:00:00 AM
Prepared By
Date
Sam Tucker
Executive Aide to the BCe
7/12/2005 10:49:17 AM
Board of County
Commissioners
BCC Office
Approved By
Sue Filson
Board of County
Commissioners
Executive Manager to the BCC
Date
BCC Office
7/12/2005 2:40 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
7/14/2005 1 :24 PM
Agenda Item No. 16J1
July 26, 2005
Page 1 of 35
BXECUTIVB SUIOIARY
RBCOMHBND THAT TBB BOARD OJ' COUNTY COMKISSIONBRS SHRVB AS THE LOCAL
COORDINATING UNIT 01' GOVB:RN1mN'l' IN THB FLOR.IDA DBPARTMBN'l' 01' LAW
BNJ'ORCKMBNT r S BDWARD BYRNE MBMORIAL STATB AND LOCAL LAW BNl'ORCBKBNT
ASSISTANCB roRMOLA GRANT, APPROVB THB SHBR1:J'J" S orrICB GRANT
APPLICATION, AOTBORIZB ACCBPTANCB OJ' THB GRANT AWARD, AND APPROVB
ASSOCIATBD BUDGBT AHBNDKBNTS.
OBJECTIVE: To seek appointment of the Board of County Commissioners
(BCC) as the coordinating unit for local application for the Florida
Department of Law Enforcement's Edward Byrne Memorial State and Local
Law Enforcement Assistance Formula Grant, approve the Sheriff's Office
grant application, authorize acceptance of the award, and approve
associated budget amendments for a grant to support the Collier County
Sheriff's Office Criminal Justice Records Improvement Project.
CONSIDBRATION:
4.
The BCC has participated in the Edward Byrne Grant program for
sixteen years.
Collier County programs have proven to be valuable projects.
The Florida Department of Law Enforcement (FDLE) has allocated
$38,431 to Collier County to purchase one Printrak livescan
machine that will integrate with FDLE's new Integrated Criminal
History System (FALCON).
BCC approval is needed for: the BCC to continue in the capacity
of local coordinator, the Sheriff's Office grant application for
one Printrak livescan machine, to authorize acceptance of the
award, and associated budget amendments.
1.
2.
3.
.--
J'ISCAL IMPACT: None. $28,823 (7St) of funds provided from the Byrne
Grant and the $9,608 (2S%) match funds are provided from the Florida
Department of Community Affairs.
GROWTH MANAGEMENT :
growth management.
Approval of this item will have no impact on
RBCOMMBNDATION: That the BCC agrees to be the local coordinating unit
of government and authorizes the Board Chairman to execute the grant
application documents, authorize acceptance of the grant award, and
approve associated budget amendments.
PRBPARBD BY;
~,
.--
Item Number
Item Summary
Meeting Date
Approved By
OMB Coordinator
County Manager's Office
Agenda Item No. 16J1
July 26, 2005
Page 2 of 35
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16J1
Recommendation that the Board of County Commissioners serve as the local coordinating
unit of government in the Florida Department of Law Enforcement's Edward Byrne
Memorial State and Local Law Enforcement Assistance Formula Grant, approve the
Sheriff's Office grant application, authorize acceptance of the grant award, and approve
associated budget amendments.
7/26/20059:00:00 AM
Administrative Assistant
Date
Office of Management & Budget
7/13/200511:20 AM
Approved By
Michael Smykowskl
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
7/13/20055:33 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
7/14/20052:55 PM
Application for Funding Assistance
Florida Department of Law Enforcement
Edward B ne Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram
Agenda Item No. 16J1
July 26, 2005
35
COLLIER COUNTY SHERIFFS
OFFICE
LIVESCAN WORKSTATION GRANT
APPLICA TION
2005-2006
FDLE Byrne Formul. annt A,,1JIIc.tIon P.cbg.
Rule 110-9.006
GnInt A/Jpllclltlon
SecUon II- Page 1
OCJG - 005 (rev. April 2004)
Edward
Application for Funding Assistance
Florida Department of LIW Enforcement
e Memorial State and Local Law Enforcement Asalstance Formula Grant Pro ram
Please read Instructions before completing this application.
. The term "Department", unless otherwise stated, reters to the Department of Law Enforcement.
. The term "OCJG" refers to the OffIce of Criminal JUltlce Grants.
. The term "subgrant recipient" or -.ubgrant..- refers to the governing body of a city, county, state agency, or an
Indian Tribe that performs criminal justlce functions as determined by the U.S. Secretary of the Interior.
. The term "Implementing agency" Is a subordinate agency of a city, county. state agency, or Indian Tribe, or an
agency under the direction of an elected official (for example. Sheriff or Clerk of the Court). It may also be an entity
eligible to be a subgrantee (ex. City of live Oak)
. Instructions are Incorporated In this document by reference.
A. Subarant Data
1. This Hctton to be completed by Subgrantee 2. This section to be completed bv OCJG
Continuation of Previous Subgrant? Yes X No Project 10 # I Program Area #:1 CFDA ~ 16.578
If Yes, enter CJ Contract # of Previous SUbgrant
SFY 2004 CJ Contract # SFY 2005 CJ Contract #
2005 - CJ - _. _ - _ - _ -_
B. ADpUcant Infonnatlon
1. Subarant ReciDIent (Subaranteel
Name of Subgrant Recipient (Unit of Govemment): Collier County Commission County
Name of Chief Elected OffIcial I state Agency Head: Fred W. Coyle COLLIER
Title: Chalnnan
Address: 3301 Tamlami Trail East, Building F Area Code' Phone #
239-774-8393
City, County, State, Zip Code: Naples, Collier County, Florida, 34112
E-mail Address: FredCovle@collleraov.net Area Code' Fax #
239-774-3602
2. Chief Financial OffIcer of Subarant Recipient ISubarant..l
Name of Chief Financial OffIcer: Crystal K. Kinzel County
COLLIER
Title: Finance Director, Deputy Clerk
Address: 3301 Tamiaml Trail East, Court Plaza 111/2 Area Code' Phone #
239-774-8075
City, County, State, Zip Code: Naples, Collier County, Florida, 34112 SUNCOM #
E-mail Address: Crvstal.Klnzel@clerk.colller.f1.us Area Code' Fax #
239-774-6179
3. Imolementina Aaency
Name of ImplemenUng Agency: Collier County Sheriff's OffIce County
Name of Chief Executive OffIcial' State Agency Head / Subgrantee representative COLLIER
(if a subordinate agency of the subgrant recipient): Don Hunter
Title: Sheriff
Address: 3301 Tamlaml Trail East, Building J ," Area Code' Phone #
239-774-4434
City, County, State, Zip Code: Naples, Collier County, Florida, 34112 SUNCOM #
E-mail Address: arants@colliersherlff,net Area Code I Fax #
239-774-5735
FDLE Byrne Fonnul. aninI Appllc.tlon P.tk.".
Rule 110.9.006
Gnlnl AppIlcetlon
Sec:fIon 11- PtJge 2
OCJG - 005 (rev. April 2004)
Edward B
Application for Funding Assistance
Florida Department of Law Enforcement
e Memorial State and Local Law Enforcement As.istance Formula Grant Pro ram
Agenda Item No. 16J 1
July 26, 2005
35
4. Prol.ct Director
Name of Project Director: Scott Barnett County
(Implementing Agency Employee) COLUER
Title: Lieutenant, Technical Services Bureau
Address; 3301 Tamlami Trail East, Building J Area Code I Phone #
239-793-9172
CIty, County, State, Zip Code: Naples, Collier County, Florida, 34112 SUNCOM #
E-mail Address: CCSOID@colliersherlff.ora Area Code I Fax #
239-530-9665
5. Contact Person
Name of Contact Person: Joyce Houran County
(if other than Project Director) COLLIER
Title: Grant Coordinator
Address: 3301 Tamlaml Trail East, Building J-1 Area Code I Phone #
239-793-9346
City, County, State, Zip Code: Naples, Collier County, Florida, 34112 SUNCOM #
E-mail Address: grants@colliersherlff.net Area Code I Fax #
239-793-9405
6. Person ReaDonalble For Financial ReDOrtlna tit known)
Name: Joyce Houran County
COLLIER
Title: Grant Coordinator
Address: 3301 Tamiaml Trail East, Building J.1 Area Code I Phone #
239-793-9346
City, County, State, Zip Code: Naples, Collier County, Florida, 34112 SUNCOM #
E-mail Address: arants@colllersherlff.net Area Code I Fax #
239-793-9405
7. Person ReaDonslbl. For Programmatic P.rformance ReDortlna lit known)
Name: Joyce Houran County
COLLIER
Title: Grant Coordinator
Address: 3301 Tamlaml Trail East, Building J-1 Area Code I Phone #
239-793-9346
City, County, State, Zip Code: Naples, Collier County, Florida, 34112 SUNCOM .,
E-mail Address: arants@colliersherlff.net Area Code I Fax #
239-793-9405
8. Service Provider Contact P....on
Name: N/A County
Title:
Address: ,. Area Code I Phone #
City, County, State, Zip Code: SUNCOM .,
E-mail Address: Area Code I Fax #
POLE Byrne Formula Grant ApPlication Packat/e
Rule 110-9.006
GTllnt ApplicatIon
Section II- Page 3
OCJG - 005 (rev. AprIl 2004)
Edward B
Application for Funding Assistance
Florida Department of Law Enforcement
e Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram
Agenda Item No. 16J1
July 26, 2005
35
C. Administrative Data
1. Project TItle: Criminal History Record Improvement
2. Identify the year of the project (I, II, III, etc.) I
3. Project period I Start: September 1, 2005 I End:August31,2006
D. Fiscal Data
Remit Warrant to: (This may only be either the individual listed in 82 (Subgrantee CFO) or a designee In
their office. If 82 Is selected do not reenter the contact Information. This Is onlv needed for deslanee.
82~
OR
DESIGNEE
Name:
Title:
Address:
City, State, Zip
Phone Number:
2. Is the subgrantee participating in the State of Florida Comptroller's Office electronic transfer Droaram?
(Reimbursement cannot be remitted to any entity other than the subgrantee.)
Yes No X
3. Frequency of Fiscal Reporting: Monthly--2L Quarterly XXXX
4. Subgrant Recipient FEIO #: 59-6000-558
5. State Agency SAMAS #: Not applicable
6. Project Generated Income (PGI):
Will the project eam PGI? (See Section G, Item 9.) Yes_ No XXXX
7. Cash Advance: Will you request an advance?
Yes_ Amount No ~
If yes, a letter of request must be submitted with the application or prior to submission of the first claim for
reimbursement. Amount requested must be justified and accepted by FDLE.
PDLE Byrne FormuJ. Gntnt Application Packag.
Rule 11D-9.006
GTllnt Application
Section 11- Psge 4
OCJG - 005 (rev. April 2004)
Agenda Item No. 16J1
July 26, 2005
Application for Funding Assistance ,d~t: I U 35
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram
E. Project Narrative
1. Problem Identification: Briefly describe a specific problem to be addressed
with subgrant funds in terms of Problem Description, Problem Significance and
Needs Assessment, as described in the application instructions. Continue
narrative on a second page If necessary. Do not exceed two pages. Use a
readable size font, per instructions.
The Collier County Sheriffs Office will plU'Chase one Livescan workstation. Persons arrested
will be fingerprinted on this equipment and the data will then be submitted to the Florida
Department of Law Enforcement (FDLE) electronically for inclusion in the state's
Computerized Criminal History file. The result is that the Sheriff's Office will be able to
positively identify the subject arrested and FDLE will be able to maintain complete and accurate
criminal history data for arrests occurring in Collier County. This data is used by criminal
justice and non-criminal justice agencies on a daily basis to make decisions.
FDLE BYI7HI Formula Grant AQQllcatlon Package
Grant AQQIIc.tlon
Section II- Page 5
OCJG - 005 (rev. AprtI2004)
Rule 110-9.006
Application for Funding Assistance
Florida Department of Law Enforcement
Edward B me Memorial State and Local Law Enforcement AlI.I.tanee Fonnula Grant Pro ram
Agenda Ite:'-:o..~6J1 ---I
July 26,2005
35
2. Project Description: Briefly describe proposed project activities. Refer to
Appendix II, Part 1, Pages 1-3 for a description of eligible project areas). You
should include project goals, administration, enhancement/expansion, staff,
service providers, clients or other participants, equipment, location, and expected
project results, as described in the application instructions
This section should address the basic points of who, what, when, where, and how.
Continue on additional a es if necessa ; do not exceed three a es.
Funds obtained from this grant application will be used to purchase one Livescan
workstation. FDLE and the Sheriffs Office have agreed to the following Memorandum
of Understanding (MOU) regarding this project.
Memorandum of Understanding
This agreement between the Florida Department of Law Enforcement (FDLE) and
Collier County Sheriff's Office (Local Agency) establishes relationships for the initiation
and continued operation of information systems supporting electronic capture and
transmission of arrest data and criminal fingerprint images.
FDLE shall:
. Coordinate installation of one Live Scan Workstation to be purchased by the
Local Agency and placed in Local Agency's facilities.
. Provide frame relay network access between FDLE and the equipment
provided under this MOU.
. Provide or arrange training on the use of the installed equipment.
. Provide written operating guidelines for accessing state databases using the
equipment provided by FDLE,
. Operate and maintain a database of tenprint records and unsolved latent
prints accessible 24 hours per day, seven days per week.
. Coordinate installation of FDLE or vendor initiated software upgrades for
installed equipment to ensure continued interface with state databases.
. Provide certification training of operators when necessary.
. Provide on-site assistance to the local agency for maximizing effectiveness
in operating equipment used for capture and transmission of fingerprint and
arrest data. -
. Search new arrest fingerprints against unsolved latent data and notify
contributing agency of positive identifications.
. Provide certified fingerprint analysts at FDLE to support tenprint search and
identification 24 hours per day, seven days per week.
FDLE Byrne Formula Gl1Int AIJ"l1catlon Package
Rule 110-9.006
GrantADPl/Catlon
Secffon II. Page 6
OCJG - 005 (rev. AprtI2004)
Agenda Item No. 16J1
July 26, 2005
Application for Funding Assistance rd\:le;:'} UI 5
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram
· Establish operating priorities and policies that maximize the effective use of
this technology to users statewide.
· Plan for future growth to ensure continued operation of this support function.
Local Agency shall:
· Purchase required equipment.
· Immediately identify a project officer to coordinate activities relating to this
MOU.
· Establish a mutually agreeable schedule for equipment delivery and
transition to electronic transmission of arrest and fingerprint data to FDLE.
· Fund for and complete any necessary local facility modifications (e.g., power
or local communications wiring) that may be required to properly house and
operate the equipment provided by FDLE.
· Budget for and assume maintenance responsibility for equipment.
· Complete fingerprint and arrest information for timely electronic transmission
to FDLE in the format specified by the National Institute for Standards and
Technology (NIST) to include the Type 2 record definition supplied by FDLE.
· Comply with Offender Based Tracking System (OBTS) numbering for ten
print submissions as defined by FDLE.
· Adhere to FDLE's policies and procedures regarding certified operators for
FCIC and tenprint operations.
· Comply with FDLE operational guidelines for accessing the state database.
· Set a yearly goal to submit 1 00% of all fingerprint records processed within
county.
FDI.E Byrne Fotmul. GRlnr AppIlc.Uon P.ck.W
Rule 110-9.006
Q,.nr App//~tIon
Section /I. Page 7
OCJG- 005 (rev. AprlI2004)
I
Edward B
Application for Funding Assistance
Florida Department of Law Enforcement
e Memorial State and Local Law Enforcement Aaal.tance Formula Grant P
Agenda Item No. 16J1
July 26,2005
35
ram
3. Proaram Oblectlves and Performance Measures: Up to three types of
objectives may be included in this section of your subgrant application, Le.,
Uniform Objectives, Project-Specific Objectives and Self-Generated Objectives. If
you are proposing a project in one of the Authorized Program Areas with no
Uniform Objectives, contact FDLE, Office of Criminal Justice Grants, at (850) 41 0-
8700 for further uidance. Continue on a second a e if necessa .
a. List the number and title of the Program Area to be addressed. Refer to
Appendix II, Part II, for a listing of authorized program areas. (Select only 1
Program Area)
15C
(#)
Criminal Justice Records Imorovement
(Title)
b. List Uniform Objectives first, followed by any other appropriate Objectives you
may wish to address. If additional objectives are included, please identify
whether they are Project Specific or Self-Generated Objectives. Uniform and
Project Specific Objectives form the basis for collection of data and quarterly
performance reporting.
Uniform Objectives (Mandatory, copy as worded for the program area
addressed and include all appropriate questions.
Include Objectives from only 1 program area, Objectives
from a different program area could be included as
Project Specific Objectives).
Implement and upgrade Automated Fingerprint Identification Systems (AFIS) and
purchase supporting IIvescan equipment. (Reference: Action Step 51n the CJRI Plan.)
Part i-During this reporting period, did you order AFIS equipment'? Please describe In
the report narrative.
i5C.i0 Part 2- During this reporting period, did you Install and test equipment? Please describe :uti
In the report narrative.
Part 3-Durlng this reporting period, did AFIS equipment become operational? Please
desaibe In the report narrative. In this narrative, please also Indicate how many
fin e riots ou recessed usln AFIS e ul ment durin this rlod.
FaLE Byrne Formu/e G,.nt Apl'Ilcatlon "acka"e
Rule 11D-9.006
a,.nt AppllClItlon
Section II- Page 8
OCJG - 0015 (rev. April 2004)
Edward B
Application for Funding Assistance
Florida Department of Law Enforcement
e Memorial State and Local Law Enforcement Mal.tanc. Formula Grant Pro ram
Agenda Item No. 16J1
July 26, 2005
35
4. Actlvltv 'mDlementatlon Schedule. Complete the Activity Implementation Schedule
showing when activities in the Program Description will commence and how the project will
progress. This chart benchmarks planned activities, both administrative and programmatic.
An "X" has been inserted for reports with mandatory due dates for all projects. Place an
additional "X" to indicate times applicable to your project, as illustrated for quarterly program
reports. Make a detailed listing of key activities under the heading "Programmatic
Activities." Your Quarterlv Performance Reports will be reviewed aaainst this schedule.
Subgrant Period (September 1. 2005-Auaust 31, 2006)
Admini.tratlve Activltle.
ACTIVITY Seot Oct Nov Dee Jan Feb Mar ADril Mav Jun Julv Aua
Submit Financial Reimbursement X X X X
Requests
Submit Financial Closeout Package X
(06)
X X X X
Submit Quarter1y Program Reports (05& (06) (06) (06)
'n~\
Submit Quarter1y PGI Reports
(If applicable)
Programmatic Actlvitie.
(Continue on a second page If necessary.)
Be sure to include activities mentioned in the Project Description
ACTIVITY SEP OCT NOV DEC JAN FEB MAR APR MAY JUNE JULY AUG
15C.10 Implement and upgrade
Automated Fingerprint Identification X X X X X X X X X X X X
System (AFIS) and purchase
supporting livescan equipment
FDl.E Byrne Fonnut. GrlInt App/1ceUon Peclcege
Rule 110-9.006
arent APIII1cetton
SectIon U. Page 9
OCJG - 005 (rev. AprIl 2004)
Edward B
Application for Funding Assistance
Florida Department of Law Enforcement
e Memorial State and Local Law Enforcement Assistance Formula Grant Pro ram
Agenda Item No. 16J1
July 26,2005
35
F. Pro ect Bud et
1. Bud et Schedule
a, The Project Budget Schedule includes five Budget Categories (Salaries and Benefits,
Contractual Services, Expenses, Operating Capital Outlay, and Indirect Costs) and Total
Project Costs. Total Local Match must be a minimum of 25% of the Total Budget.
b. Enter the amount of federal, matching, and total funds by budget category that you will use to
support project activities. Enter dollar amounts only In applicable categories based on totals
from the Budget Narrative and leave others blank. Total Local Match must be e minimum of
25 percent of the Total Budget.
c. Show all figures rounded to the next highest dollar; do not include cents.
(Example $4,505.25 as $4,506).
Type or Print Dollar Amounts Only In Applicable Categories and Leave Others Blank.
Budget Category
Federal
Match
Total
Salaries And
Benefits
NONE
NONE
NONE
Contractual
Services
NONE
NONE
NONE
Expenses
NONE
NONE
NONE
Operating Capital
Outlay
$28,823
$9,608*
$38,431
NONE
. r I "
- ' '1
I
!: . .,' I I' (
"j. \ ,I, 1 (1: ,',
- . j
! . 1 I ~ ' III 1
,/, '; ~ "1,1 I" I ~t;;
Indirect Costs
NONE
Totals
$28,823
$9,608
$38,431
NOTE: FDLE will provIde the matchIng funds for thIs applicatIon.
FaLE Byrne Formula Grant A"""catlon Package
Rule 110.9.006
Grant AllPllcatlon
SfH:tlon " . Page 10
OCJG - 005 (rev. ApriI20Q4)
Agenda Item No. 16J 1
July 26, 2005
Page 13 of 35
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
2. Budget Narrative
a. The Project Budget Narrative may reflect costs In any of the five budget categories
(Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay
(OCO), Indirect Costs). The Total Project Costs should be included.
b. You must describe the line Items for each applicable budget category for which you are
requesting subgrant funding. Provide sufficient detail to show cost relationships to
project activities. Reimbursements will only be made for items clearly identified in the
budget narrative.
c. Costs must not be allocated or included as a cost to any other federally financed
program.
(Continue on additional Daaes if necessarv.)
Budget Narrative:
Salaries and Benefits:
NONE
Contractual Services
NONE
Expenses:
NONE
Operating Capital Outlay:
$38,431
The Collier Sheriffs Office will purchase one Livescan Workstation, at a cost not to
exceed $38,431.
Indirect Costs:
NONE
TOTAL:
$ 38,431
POLE Byrne Fonnule Gntnt ~tion P.ck~
Rule 110-9.006
GIant Appllc.tIon
Section " . Page 11
OCJG - 005 (rev. April 2004)
Agenda Item No. 16J1
July 26, 2005
Page 14 of 35
Application for Funding Assistance
Florida Department of Law Enforcement
Edward B e Memorial State and Local Law Enforcement AMlstance Formula Grant P ram
G. Conditions of Acceptance and Agreement
Conditions of agreement requiring compliance by units of local govemment (subgrant recipients).
implementing agencies and state agencies upon signed acceptance of the subgrant award appear In this
section. Upon approval of this subgrant. the approved application and the following tenns of conditions will
become binding. Failure to comply with provisions of this agreement will result In required corrective action
up to and Including project costs being disallowed and termination of the project, as specified In item 16 of
this section.
1. All Subgrant Recipients must comply with the financial and administrative requirements Ht
forth In the current edition of the U.S. Department of Justice, OffIce of Justice Programs (OJP)
Financial Guide and Byrne Program Guidance as well as Florida laws and regulations Including
the Florida Administrative Code Chapter 110-9, Edward Byrne Memorial State and Local Law
Enforcement AMlstance Formula Grant Program. Further, the Subgrant Recipient agrees to
comply with all Federal statutes, regulations, policies, guidelines and requirements, Including
OMB Circulars A-21, A-110, A-102, A-122, A-133, A-87, as applicable; E.O.12372 and Uniform
Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66,
Common Rule and Part 67, Drug-free Workplace.
2. Allowable Costs
a. Allowance for costs incurred under the subgrant shall be detennlned according to the general
principles of allowability and standards for selected cost Items set forth In the OJP Financial
Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal
OMS Circular A-S7, .Cost Principles for State& Local and Indian Tribal Governments", or OMS
Circular A.21 , "Cost Principles for Educational Institutions".
b. All procedures employed in the use of federal funds for any procurement shall be according to
U.S. Department of Justice Common Rule for State and Local Govemments, or OMS Circular A-
110, or OMS Circular A-102, and Florida law to be eligible for reimbursement.
3. Reports
a. Project Performance Reports
(1) Reporting Time Frames: The subgrant recipient shall submit Quarterly Project
Perfonnance Reports to the Florida Department of Law Enforcement, hereafter known as the
Department, by February 1, May 1, August 1, and within forty-five (45) days after the subgrant
termination date. In addition. If the subgrant award period is extended beyond the .orlglnal"
project period, additional Quarterly Project Perfonnance Reports shall be submitted.
Failure to submit Quarterly Perfonnance Reports that are complete, accurate and timely may
result in sanctions, as specified In Item 16, Perfonnance of Agreement Provisions.
(2) Report Contents: Performance reports must Include both required sections. the quantitative
response (In response to specific objectives and measures) and the qualitative narrative.
The narrative must reflect on accomplishments for the quarter. Incorporate specific Items
specified for inclusion in performance measures, and also Identify problems with project
Implementation and address actions being taken to resolve the problems.
Other Reports:
The recipient shall report to the Uniform Crime Report and other reports as may be reasonably
required by the Department.
FDLE Byrne Fonnulll Gnlnt APP/fcetlon Peclcege
Rule 110-9.006
Gnmt AiHJlfcetlon
Section n. Pege 12
OCJG - 0015 (rev. April 2004)
Agenda Item No. 16J1
July 26, 2005
Page 15 of 35
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Aulstance Formula Grant Proaram
b. FinancIal Reports
(1) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly
Project Expenditure Report to the Department. Monthly Project Expenditure Reports (1-11)
are due thirty-one (31) days after the end of the reporting period. Quarterly Project
Expenditure Reports.(1-3) are due thlrty-one (31) days after the end of the reporting period.
In addition, If the subgrant award period is extended, additional Financial Claim Reports shall
be submitted. A final Project Expenditure Report and a Criminal Justice Contract (Financial)
Closeout Package shall be submitted to the Department within forty-fIVe (45) days of the
subgrant termination period. Such claim shall be distinctly identified as "final".
(2) All project expenditures for reimbursement of subgrant recipient costs shall be submitted on
the Project Expenditure Report Forms prescribed and provided by the Office of Criminal
Justice Grants (OCGJ). A subgrant recipient shall submit either monthly or quarterly project
expenditures in order to report current project costs. Reports are to be submitted even when
no reimbursement is being requested.
(3) All claims for reimbursement shall be submitted In sufficient detail for proper pre-audit and
post-audit.
(4) Before the "final" project expenditure request will be processed, the subgrant recipient must
submit to the Department all outstanding project reports and must have satisfied all special
conditions. Failure to comply with the above provisions shall result In forfeiture of
reimbursement.
(5) The subgrant recipient shalf submit Quarterly Project Generated Income Reports to the
Department by February 1, May 1, August 1, and within forty-five (45) days after the subgrant
termination date covering subgrant project generated income and expenditures during the
previous quarter. (See Item 9, Program Income.)
c. Other Reports
The subgrant recipient shall submit other reports as may be reasonably required by the
Department.
4. FIscal Control and Fund AccountIng Procedure.
a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure
proper disbursement and accounting of subgrant funds and required non.federal expenditures.
All funds spent on this project shall be disbursed according to provisions of the project budget as
approved by the Department.
b. All expenditures and cost accounting of funds shall conform to OJP Financial Guide (as
amended), U.S. Department of Justice Common Rule for State and Local Governments, and
federal Office of Management and Budget's (OMB) Circulars A.21 , A-87, and A-110, or A-102 as
applicable, in their entirety.
c. All funds not spent according to this agreement shall be subject to repayment by the subgrant
recipient.
5. Payment ContIngent on AppropriatIon and Available Funds
The State of Florida's performance and obligation to pay under this agreement is contlngent upon an
annual appropriation by the Florida Legislature. Furthermore, the obligation of the State of Florida to
reimburse subgrant recipients for incurred costs Is subject to available federal funds.
FDLE Byrne Formula Grant Application Packag_
Rule 110-9.006
Grant Application
Sect/on II. Page 13
OCJG - OOS (rev. April 2004)
.- _...UOO______._. ---l
Agenda Item No. 16J1
July 26, 2005 .
Page 16 of 35
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Bvme Memorial State and Local Law Enforcement Assistance Fonnula Grant Program
6. Obligation of Subgrant Recipient Funds
Subgrant funds shall not under any circumstances be obligated prior to the effective date or
subsequent to the termination date of the subgrant period. Only project costs incurred on or after the
effective date and on or prior to the termination date of the subgrant recipient's project are eligible for
reimbursement.
7. Advance Funding
Advance funding may be authorized for up to twenty~five (25) percent of the federal award for each
project according to Section 216.181 (1 6)(b), Florida Statutes, the OJP Financial Guide, and the U.S.
Department of Justice Common Rule for State and Local Govemments. Advance funding shall be
provided to a subgrant recipient upon a written request to the Department. This request, shall be
either enclosed with the subgrant application or submitted to the Department prior to the first request
for reimbursement. Justification should address a 30/60/90-day need for cash based on the budgeted
activities for the period.
8. Travel and Training
a. All travel expenses relating to field trips with youth requires written approval of the Department
prior to commencement of actual travel.
b. The cost of all travel shall be reimbursed according to local regulations, but not In excess of
provisions In Section 112.061, Florida Statutes.
c. All bills for any travel expenses shall be submitted according to provisions in Section 112.061,
Florida Statutes.
9. Program Income (also known as Project Generated Income)
Program Income means the gross income earned by the subgrant recipient during the 8ubgrant
period, as a direct result of the subgrant award. Program income shall be handled according to the
OJP Financial Guide
and U.S. Department of Justice Common Rule for State and Local Governments (reference 31 CFR
Part 206 - Management of Federal Agency Receipts, Disbursements, and Operation of The Cash
Management Improvement Fund).
10. Approval of Consultant Contracts
The Department shall review and approve in writing all consultant contracts prior to employment of a
consultant when their rate exceeds $450 (eXCluding travel and subsistence costs) for an eight-hour
day. Approval shall be based upon the contract's compliance with requirements found In the OJP
Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and In
applicable state statutes. The Departmenrs approval of the subgrant recipient agreement does not
constitute approval of consultant contracts.
11. Property Accountability
a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes
during Its useful life or request Department disposition.
b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain
and dispose of any property furnished to it by the Department or purchased pursuant to this
agreement according to federal property management standards set forth in the OJP Financial
Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal
OMS Circular A-110 or A-102, as applicable. This obligation continues as long as the subgrant
recipient retains the property, notwithstanding expiration of this agreement.
FDL.E Byr". Formula Gnrnt A""lIcetlon Package
Rule 11 D-9.006
Grent Appllclltlon
Section U - Pege 14
OCJG - 005 (rev. AprIl 2004)
Agenda Item No. 16J1
July 26,2005
Page 17 of 35
Application for Funding Assistance
Florida Deparbnent of Law Enforcement
Edward B e Memorial State and Local Law Enforcement Anlatance Fonnula Grant PI'I ram
12. Ownership of Data and Creative Material
Ownership of material. discoveries. inventions, and results developed, produced, or discovered
subordinate to this agreement is governed by the terms of the OJP Financial Guide (as amended).
and the U.S. Department of Justice Common Rule for State and Local Govemments, or the federal
OMB Circular A-11 0 or A-1 02, as applicable.
13. Copyright
The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce,
publish, or otherwise use, and authorize others to use, for Federal govemment purposes:
a. The copyright in any work developed under an award or subaward. and
b. Any rights of copyright to which a subgrant recipient or subreclp/ent purchases ownership with
support funded under this grant agreement.
14. Publication or Printing of Reports
The subgrant recipient shall submit one copy of all raports and proposed publications resulting from
the agreement twenty (20) days prior to public release. Any publications (written, visual. or sound).
whether published at the recipient's or govemmenfs expense, shall contain the following statement:
(NOTE: This excludes press releases. newsletters. and issue analysis.)
"This project was supported by grant funds awarded by the Bureau of Justice Assistance, OffICe of
Justice Programs. U.S. Department of Justice. Points of view in this document are those of the
author and do not necessarily represent the official position or policies of the U.S. Department of
Justice."
15. Audit
a. Subgrant recipients that expend $500,000 or more In a year in Federal awards shall have a single
or program-specific audit conducted for that year. The audit shall be performed In accordance
with the federal OMB Circular A-133 and other applicable federal law. The contract for this
agreement shall be identified in The Schedule of Federal Rnancial Assistance In the subject
audit. The contract shall be identified as federal funds passed through the Florida Department of
Law Enforcement and include the contract number, CFDA number, award amount, contract
period, funds received and disbursed. When applicable. the subgrant recipient shall submit an
annual financial audit that meets the requirements of Sections 11.45 and 215.97, Florida
Statutes, and Chapters 10.550 and 10.600. Rules of the Florida Auditor General.
b. A complete audit report that covers any portion of the effectjve dates of this agreement must be
submitted within 30 days after Its completion. but no later than nine (9) months after the audit
period. In order to be complete, the submitted report shall include any management letters
issued separately and managemenfs written response to all findings, both audit report and
management letter findings. Incomplete audit reports will not be accepted by the Department and
will be returned to the subgrant recipient.
c. The subgrant recipient shall have all audits completed by an Independent Public Accountant
(IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant.
d. The subgrant recipient shall take appropriate correctlve actlon within six (6) months of the issue
date of the audit report In instances of noncompliance with federal laws and regulations.
FDLE Byrne Formula Gnrnt ADDlluflon P.CQ".
Rule 110-9.006
Grant AllDIIc.tIon
Section II- PeQe 15
OCJG - 005 (rev. April 2(04)
Agenda Item No. 16J 1
July 26, 2005
Page 18 of 35
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program
e. The subgrant recipient shall ensure that audit working papers are made available to the
Department, or its designee, upon request for a period of three (3) years from the date the audit
report is Issued, unless extended In writing by the Department.
f. Subgrant recipients that expend less than $500,000 In Federal awards during a fiscal year are
exempt from the audit requirements of OBM Circular A-133 for that fiscal year. In this case,
written notification, which can be In the form of the .Certlflcatlon of Audit Exemption. form, shall
be provided to the Department by the Chief Financial Officer, or designee, that the subgrant
recipient Is exempt. This notice shall be provided to the Department no later than March 1
following the end of the fiscal year.
g. If this agreement Is closed out without an audit, the Department reserves the right to recover any
disallowed costs Identified In an audit completed after such closeout.
h. The completed audit report or notification of non-applicability should be sent to the following
address:
Florida Department of Law Enforcement
Office of Criminal Justice Grants
2331 Phillips Road
Tallahassee, Florida 32308
16. Performance of Agreement Provisions
In the event of default, non-compliance or violation of any provision of this agreement by the subgrant
recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose
sanctions it deems appropriate including withholding payments and cancellation, termination, or
suspension of the agreement In whole or In part. In such event, the Department shall notify the
subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction.
The subgrant recipient shall be paid only for those services satisfactorily performed prior to the
effective date of such sanction.
17. Commencement of Project
a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the
subgrant recipient shall send a letter to the Department indicating steps to initiate the project.
reason for delay and request a revised project starting date.
b. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the
subgrant recipient shall send another letter to the Department, again explaining the reason for
delay and request another revised project starting date.
c. Upon receipt of the ninety (90) day Jetter, the Department shall determine If the reason for delay is
Justified or shall, at Its discretion, unilaterally terminate this agreement snd re-obligate 8ubgrant
funds to other Department approved projects. The Department, where warranted by extenuating
circumstances, may extend the starting date of the project past the ninety (90) day period, but
only by formal written amendment to this agreement.
18. Excusable Delays
a. Except with respect to defaults of consultants. the subgrant recipient shall not be in default by
reason of any failure in performance of this agreement according to its tenns (including any
failure by the subgrant recipient to make progress in the execution of work hereunder which
endangers such performance) If such failure arises out of causes beyond the control and without
the fault or negligence of the subgrant recipient. Such causes include, but are not limited to. acts
of God or of the public enemy, acts of the govemment in either Its sovereign
FDt..E 8ym. Formula Grant Appllc.tlon P.ck.~
Rule 110-9.006
Grant Appllc.tIon
S.ctlon II . Page 16
OCJG - 005 (rev. April 2004)
Agenda Item No. 16J1
July 26, 2005
Page 19 of 35
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement AMI.tance Fonnula Grant Program
or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weather, but in every case, the failure to perform shall be
beyond the control and without the fault or negligence of the subgrant recipient.
b. If failure to perform is caused by failure of a consultant to perform or make progress, and if such
failure arises out of causes beyond the control of subgrant recipient and consultant, and without
fault or negligence of either of them, the subgrant recipient shall not be deemed In default, unless:
(1) Supplies or services to be furnished by the consultant were obtainable from other sources,
(2) The Department ordered the subgrant recipient in writing to procure such supplies or
services from other sources, and
(3) The subgrant recipient failed to reasonably comply with such order.
c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of
such failure, and if the Department determines that any failure to perform was occasioned by one
or more said causes, the delivery schedule shall be revised accordingly.
19. Written Approval of Change. In thl. Approved Agreement
Subgrant recipients shall obtain approval from the Department for major substantive changes. These
include, but are not limited to:
a. Changes in project activities, target populations, service providers, implementation schedules,
designs or research plans set forth In the approved agreement;
b. Budget deviations that do not meet the following criterion. That is, a subgrant recipient may
transfer funds between budget categories as long as the total amount of transfer does not
exceed ten (10) percent of the total approved budget and the transfer is made to an approved
budget Item; or,
c. Transfers of funds above the ten (10) percent cap shall be made only if a revised budget is
approved by the Department. Transfers do not allow for increasing the quantitative number of
Items documented In any approved budget Item, I.e., Increasing the quantity of equipment Items
in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits
category.)
d. Under no circumstances can transfers of funds increase the total budgeted award.
20. Disputes and Appeals
a. The Department shall make its decision in writing when responding to any disputes,
disagreements or questions of fact arising under this agreement and shall distribute its response
to all concerned parties. The subgrant recipient shall proceed diligently with the performance of
this agreement according to the Department's decision.
b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in
writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The
subgrant recipient's right to appeal the Department's decision Is contained in Chapter 120,
Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code.
Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120,
Florida Statutes.
FDLI! Byrne Fonnula GnInt ApP/lclItlon Packalle
Rule 11D-9.006
Grant AlnJllcation
Section n - Pege 17
OCJG - 005 (rev. April 2004)
Agenda Item No. 16J 1
July 26, 2005
Page 20 of 35
Application for Funding Assistance
Florida Department of Law Enforcement
Edward B e Memorial State and Local Law Enforcement Assistance Formula Gl'llnt P I'IIm
21. Conferences and Inspection of Work
Conferences may be held at the request of any party to this agreement. At any time, a representative
of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida,
have the privilege of visiting the project site to monitor, Inspect and assess work performed under this
agreement.
22. Acce.s To Records
a. The Department of Law Enforcement, the Auditor General of the State of Florida, the U.S.
Department of Justice, the U.S. Comptroller General or any of their duly authorized
representatives, shall have access to books, documents, papers and records of the subgrant
recipient, implementing agency and contractors for the purpose of audit and examination
according to the OJP Financial Guide (as amended), and the U.S. Department of Justice
Common Rule for State and Local Governments.
b. The Department reselVes the right to unilaterally terminate this agreement If the subgrant
recipient, implementing agency, or contractor refuses to allow public access to all documents,
papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and
made or received by the sub grant recipient or its contractor in conjunction with this agreement.
23. Retention of Records
The subgrant recipient shall maintain all records and documents for a minimum of three (3) years
from the date of the final financial statement and be available for audit and public disclosure upon
request of duly authorized persons.
24. Signature Authority
The Subgrant Recipient Authorizing OffIcial or Designated Representative and the Implementing
Agency Official, Administrator or Designated Representative, who sign the Signature Page, have
the authority to request changes to the approved agreement. The prior mentioned individuals
have authority to sign or make amendments to the Sole Source and the ADP Justification forms.
The Project Director has authority to submit requests for approval of specific travel, and
Performance Reports, with the exception of the Financial and Closeout Package, which also
requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized
designee.
25. DelegatJon of Signature Authority
When the authorized official of a subgrant recipient or the implementing agency designates some
other person signature authority for him/her, the chief officer or elected official must submit to the
Department a letter or resolution indicating the person given signature authority. The letter Indicating
delegation of signature authority must be signed by the chief officer or elected official and the person
receiving signature authority. The letter must also specify the authority being delegated.
26. Peraonnel Change.
Upon implementation of the project. In the event there Is a change In Chief Executive OffIcers for the
Subgrantee or Implementing Agency, Project Director, or Contact Person. the Department must be
notified in writing with documentation to Include appropriate signatures.
27. Background Check
Whenever a background screening for employment or a background security check Is required by law
for employment, unless otherwise provided by law, the provisions of Chapter 435. Florida Statutes
shall apply.
FDLE Byrne Formul. Gntnt Appllc.tIon P.ck.".
Rule 110-9.006
Grant Appllc.tIon
Section n - Page 18
OCJG - 005 (rev. April 2004)
Application for Funding Assistance
Florida Department of Law Enforcement
Edward B e Memorial State and Local Law Enforcement Assistance Formula Grant PlI ram
Agenda Item No. 16J 1
July 26, 2005
Page 21 of 35
a. All positions in programs providing care to children, the developmentally disabled, or vulnerable
adults for 15 hours or more per week; all permanent and temporary employee positions of the
central abuse hoUine; and all persons WOrking under contract who have access to abuse records
are deemed to be persons and positions of special trust or responsibility and require employment
screening pursuant to Chapter 435, F.S., USing the level 2 standards set forth In that chapter.
b. All employees in positions designated by law as positions of trust or responsibility shall be
required to undergo security background investigations as a condition of employment and
continued employment. For the purposes of the subsection, security background investigations
shall include, but not be limited to, employment history checks, fingerprinting for all purposes and
checks in this subsection, statewide criminal and juvenile records checks through the Florida
Department of Law Enforcement, and federal criminal records checks through the Federal
Bureau of Investigation, and may include local criminal records checks through local law
enforcement agencies.
(1) Any person who is required to undergo such a security background investigation and who
refuses to cooperate in such investigation or refuses to submit fingerprints shall be
disqualified for employment In such position or, If employed, shall be dismissed.
(2) Such background investigations shall be conducted at the expense of the employing
agency. When fingerprinting Is required, the fingerprints of the employee or applicant for
employment shall be taken by the employing agency or by an authorized law enforcement
officer and submitted to the Department of Law Enforcement for processing and
forwarding, when requested by the employing agency, to the United States Department of
Justice for processing. The employing agency shall reimburse the Department of Law
Enforcement for any costs incurred by it in the processing of the fingerprints.
28. Drug Court Projects
a. A Drug Court Project funded by the Byrne Grant Program must contain the 10 key elements
outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program
Office, program guidelines MDefining Drug Courts: The Key Components", January 1997. This
document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700.
b. To ensure more effective management and evaluation of drug court programs, the subgrant
recipient agrees that drug court programs funded with this award shall collect and maintain follow-
up data on criminal recidivism and drug use relapse of program participatIon. The data collected
must be available to U.S. DOJ and FDLE upon request.
29. Overtime for Law Enforcement Personnel
Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S.
Department of Justice encourages consultatIon with all allied components of the criminal justice
system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for
systemic impacts such as increased court dockets and the need for detention space.
30. Crlmlnallntelllgencl System
a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems
Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose
of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets
Act of 1968, 42 U.S.C. 3701, et seq., as amended, use those funds In conformance with the
privacy and constitutional rights of individuals.
b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to
certify that they operate a criminal Intelligence system In accordance with Sections 802(a) and
FDLE Byrne Fotmukl GIant Appllc.tJon P.ek.~
GIant A_'eet/on
SectIon 11- P8f18 19
OCJG - 005 (rev. AprIl 2004)
Rule 110-9.006
Agenda Item No. 16J 1
July 26, 2005
Page 22 of 35
Edward B
Application for Funding Assistance
Florida Department of Law Enforcement
Memorial State and Local Law Enforcement Assistance Fonnula Grant Pr ram
818(c) of the Omnibus Crime Control and Safe Streets Act of 1968, as amended and comply with
criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and in
the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this
certification is a prerequisite to entering into this agreement.
c. This certification is a materIal representation of fact upon which reliance was placed when this
agreement was made. If the subgrant recipient or criminal Justice agency operates a criminal
intelligence system and does not meet N;t and federal regulation criteria, they must indicate when
they plan to come into compliance. Federal law requires a lubgrant-funded criminal intelligence
system project to be In compliance with the N;t and federal regulation prior to the award of federal
funds. The subgrant recipient is responsible for the continued adherence to the regUlation
governing the operation of the system or faces the loss of federal funds. The Departmenfs
approval of the subgrant recipient agreement does not constitute approval of the subgrant-funded
development or operation of a crimlnallntelllgence system,
31. Confidential Funds
A signed certification that the project director or the head of the Implementing Agency has read,
understands, and agrees to abide by all of the conditions for confidential funds as set forth In the
effective edition of OJP's Financial Guide is required from all projects that are involved with
confidential funds from either Federal or matching funds. The signed certification must be submitted
at the time of grant application.
32. Equal Employment Opportunity (EEO)
a. No person, on the grounds of race, creed, color or national origin shall be excluded from
participation in, be refused benefits of. or otherwise subjected to discrimination under grants
awarded pursuant to TItle VI of the Civil Rights Act of 1964; SectIon 504 of the Rehabilitation Act
of 1973, as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act
of 1975; and, Department of Justice Non-DIscrimination Regulations 28 CFR Part 42, Subparts C,
D. E, F, G and H.
b. The subgrant recipient and the implementing agency agree to certify that they either do or do not
meet EEO program criteria as set forth in SectIon 501 of The Federal Omnibus Crime Control
and Safe Streets f:v;t of 1968. as amended and that they have or have not formulated,
Implemented and maintained a current EEO Program. Submission of this certification is a
prerequisite to entering into this agreement. This certification Is a material representation of fact
upon which reliance was placed when this agreement was made, If the subgrant recipient or
implementing agency meet Act criteria but have not formulated, implemented and maintained
such a current written EEO Program, they have 120 days after the date this agreement was made
to comply with the f:v;t or face loss of federal funds subject to the sanctions in the Justice System
Improvement Act of 1979. Pub. L. 96-157,42 U.S.C. 3701, etseq. (Reference Section 803 (a) of
the Act. ~2 U.S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information).
c. Any subgrant recipient or implementing agency receiving a single grant award for $500,000 or
more OR an aggregate of grant awards for $1,000,000 or more during any 18 month period In
federal funds, must have approval of Its EEO Plan by the U.S. DOJ. Office for CM! Rights (OCR).
The subgrantee shall submit Its EEO Plan to FDLE, for submittal to the U.S. DOJ, OCR for
approval. The submission shall be In both paper copy and electronic format. if the U.S. DOJ,
OCR has approved an agency's EEO Plan during the two previOUS years, It Is
not necessary to submit another EEO Plan. Instead. the subgrantee need only send a copy of Its
approval letter from the OCR. How8ver.lfthe EEO Plan approval Is more than two years old. an
updated Plan must be submitted,
FDLE Byrn. Formula Grant AppllceUon Peckefl.
Rule 110-9.006
Gl'lInt AlHJ/lcetlon
Section n - PtI(1e 20
OCJG - 005 (rev. April 2004)
Agenda Item No. 16J 1
July 26, 2005
Page 23 of 35
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memoria' State and Local Law Enforcement Assistance Fonnula Grant Proaram
d. In the event a Federal or State court of Federal or State administrative agency makes a finding of
dIscrimination after a due process hearing on the grounds of race, color, religion, national origin,
sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the
Office for Civil Rights, Office of Justice Programs.
33. Americans with Disabilities Act
Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public
Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and
requires certain accommodations be made with regard to employment (Title I), state and local
govemment services and transportation (TItle II), public accommodations (Title III), and
telecommunications (Title IV).
34. Immigration and Nationality Act
No public funds will Intentionally be awarded to any contractor who knowingly employs unauthorized
alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section
1324a(e), Section 274A(e) of the Immigration and Nationality Act ("'NA"). The Department shall
consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of
the INA Such violation by the subgrant recipient of the employment provisions contained In Section
274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department.
35. National Environmental Policy Act (NEPA)
a. The subgrantee agrees to assist FDLE In complying with the NEPA and other related federal
environmental Impact analyses requirements in the use of subgrant funds by the subgrantee. This
applies to the following new activities whether or not they are being specifically funded with these
subgrant funds. That is, it
applies as long as the activity is being conducted by the subgrantee or any third party and the
activity needs to be undertaken In order to use these subgrant funds, '
(1) New construction;
(2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the
National Register of Historic Places or (b) located within a 100-year flood plain;
(3) A renovation, lease, or any other proposed use of a building or facility that will either (a)
result in a change in its basic prior use or (b) significantly change Its size; and
(4) Implementation of a new program Involving the use of chemicals other than chemicals that
are (a) purchased as an Incidental componentofa funded activity and (b) tradltfonally used,
for example, in office, household, recreaUonal, or educational environments.
b. For any of a subgrantee's existing programs or activities that will be funded by these sUbgrants,
the subgrantee, upon specific request from the Department and the U.S. Department of Justice,
agrees to cooperate with DOJ In any preparation by DOJ of a national or program environmental
assessment of that funded program or activity.
36. Non.procurement, Oebannent and Suspension
The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34
CFR, Part 85, Section 85.510, Psrticlpant's Responsibilities). These procedures require the subgrant
recipient to certify it shsll not enter into any lower tiered covered transaction with a person who Is
debarred, suspended, declared ineligible or is voluntarily excluded from participating In this covered
transaction, unless authorized by the Department.
FDLE Byrne Formul. GRnt A/HJIIc.tlon P.cQQe
Rule 110-9.006
Gnlnt A/HJIlc.tIon
Section II . PBf18 21
OCJG - 005 (rev. April 2004)
Agenda Item No. 16J1
July 26, 2005
Page 24 of 35
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram
37. Federal Re.trlctlons on lobbying
a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying"
and shall file the most current edition of the Certification And Disclosure Form, If applicable, with
each submission that initiates consideration of such subgrant recipient for award of federal
contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or
more.
b. This certification Is a material representation of fact upon which reliance was placed when this
agreement was made. Submission of this certification is a prerequisite to entering Into this
agreement subject to conditions and penalties Imposed by Section 1352, Title 31, United States
Code. Any person who fails to file the required certification Is subject to a civil penalty of not less
than $10,000 and not more than $100,000 for each failure to file.
c. The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No federally appropriated funds have been paid or shall be paid 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 employee of a member of congress In
connection with the awarding of any federal loan, the entering Into of any renewal,
amendment, or modification of any federal contract, grant, loan or cooperative agreement.
(2) If any non-federal funds have been paid or shall be paid to any person for influencing or
attempting to influence an officer or employee of congress, or an employee of a member of
congress In connection with this federal contract, grant loan, or cooperative agreement, the
undersigned shall complete and submit the standard form. Disclosure of Lobbvina ActIvities,
according to its instructions.
(3) The undersigned shall require that the language of this certification be included in award
documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and
disclose accordingly.
38. State Restrictions on Lobbying
In addition to the provisions contained In Item 38, above, the expenditure of funds for the purpose of
lobbying the legislature or a state agency is prohibited under this contract.
39. "Pay -to-Stay"
Funds from this award may not be used to operate a "pay-to-stay" program In any local jail.
Furthermore, no funds may be given to local jails that operate .pay-to-stay" programs. "Local jail", as
referenced in this condition, means an adult facility or detention center owned and/or operated by city,
county, or municipality. It does not Include Juvenile detention centers. .Pay..to-stay" programs as
referenced in this condition, means a program by which extraordinary services, amenities and/or
accommodations, not otherwise available to the general Inmate population, may be provided, based
upon as offender's apparent ability to pay, such that disparate conditions of confinement are created
for the same or similar offenders within a Jurisdiction.
40. Mitigation ot Health, Safety and Environmental rI.ks dealing with Clandestine Methamphetamine
Laboratorle.
If an award is made to support methamphetamine laboratory operations the subgrant recipient must
comply with this condition, which provides for Individual site environmental assessment/Impact
statements as required under the National Environmental Policy Act.
FDLE Byrne Formula Gnlnt Appllc.Uon P.clut""
Rule 110-9.006
Gnlnt AIJPIIcllllon
SecfIon R - Page 22
OCJG - 005 (rev. April 2004)
Agenda Item No. 16J 1
July 26, 2005
Page 25 of 35
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Fonnula Gnmt Proaram
a. General Requirement: The subgrantee agrees to comply with Federal, State, and local
environmental, health and safety laws and regulations applicable to the investigation and closure
of clandestine methamphetamine laboratories and the removal and disposal of the chemicals,
equipment, and wastes used in or resulting from the operation of these laboratories.
b. Specific Requirements: The subgrantee understands and agrees that any program or initiative
involving the identification, seizure, or closure of clandestine methamphetamine laboratories can
result In adverse health, safety and environmental impacts to (1) the law enforcement and other
govemmental personnel Involved; (2) any residents, occupants, users, and neighbors oftha site
of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding
environment of the siteCs) wf1ere any remaining chemicals, equipment, and waste form a seized
laboratory's operations are placed or come to rest.
Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse
health, safety and environmental impacts from any of clandestine methamphetamine operations
funded under this award, It will (1) include the nine, below listed protective measures or components;
(2) provide for their adequate funding to include funding, as necessary, beyond that provided by this
award; and (3) Implement these protective measures directly throughout the life of the subgrant. In so
doing, the subgrantee understands that It may Implement these protective measures directJy through
the use of its own resources and staff or may secure the qualified services of other agencies,
contractor or other qualified third party.
1. Provide medical screening of personnel assigned or to be assigned by the subgrantee to the
seizure or closure If of clandestine methamphetamine laboratories;
2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher
training for law enforcement officials and other personnel assigned by the subgrantee to
either the seizure or closure of clandestine methamphetamine laboratories;
3. As detennined by their specific duties, equip personnel assigned to the project with OSHA
required protective wear and other required safety equipment;
4. Assign properly trained personnel to prepare a comprehensive contamination report on each
closed laboratory;
5. Employ qualified disposal contractors to remove all chemicals and associated glassware,
equipment, and contaminated materials and wastes from the slte(s) of each seized
clandestine laboratory;
6. Dispose of the chemicals, equipment, and contaminated materials and wastes removed
from the sites of seized laboratories at properly licensed disposal facilities or, when
allowable, properly licensed recycJlng facilities;
7. Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6.
immediately above in order to ensure proper compliance;
8. Have in place and implement an Inter-agency agreement or other fonn of commitment with
a responsible State environmental agency that provides for that agency's (I) timely
evaluation of the environmental conditions at and around the site of a closed clandestine
laboratory and (i1) coordination with the responsible party, property owner, or others to
ensure that any residual contam ination is remediated. if necessary, and in accordance with
existing State and Federal requirements; and
FDLE Byrne Formula Grant AH/<<:.tIon P.clulge
Rule 11 D-9.006
Grant AHI<<:.tIon
Sflctlon n. PfIQfI 23
OCJG - 005 (rev. April 2004)
Agenda Item No. 16J 1
July 26, 2005
Page 26 of 35
Application for Funding Assistance
Florida Department of Law Enforcement
Edward B e Memorial State and Local Law Enforcement Anl.tance Formula Grant P ram
9. Included among the personnel involved in seizing of clandestine methamphetamine
laboratories, or have immediale access to, qualified personnel who can respond to the
potential health needs of any offender(s)' children or other children present or living at the
seized laboratory site, Response actions should Include, at a minimum and as necessary,
taking children Into protective custody, Immediately testing them for methamphetamine
toxicity, and arranging for any necessary follow-up medical tests, examinations or health
care.
41. Limited Englllh Proficiency
National origin discrimination Includes discrimination on the basis of limited English proficiency (LEP).
To ensure compliance with Title VI and the Safe Streets Act. recipients are required to take
reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful
access may entail providing language assistance services, Including oral and written translation when
necessary. The U.S. Department of Justice has Issued guidance to assist agencies to comply with
Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov, or by
contacting OJP's Office for Civil Rights at (202) 307-0690, or by writing to the following address:
OffIce for Civil Rights
Office of Justice Programs
U.S. Department of Justice
810 Seventh Street NW, Eighth Floor
Washington, DC 20531
42. The Coa.tal Barrier Resources Act
The subgrantee will comply and assure the compliance of all contractors with the provisions of the
Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et s&q.) which
prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources
System.
43. Enhancement of Security
If funds are used for enhancing security, the subgrant recipient agrees to:
(a) have an adequate process to assess the Impact of any enhancement of a school security
measure that is undertaken on the incidence of crime in the geographic area where the enhancement
is undertaken;
(b) conduct such an assessment with respect to each such enhancement; and, submit to the
Department the aforementioned assessment In Its Final Program Report.
44. Environmental Protection Agency's (EPA) list of Violating Facllltle.
The subgrantee assures that the facilities under Its ownership, lease or supervision which shall be
utilized in the accomplishment of the Program Purpose are not listed on the EPA's list of Violating
Facilities and that it will notify the Department of the receipt of any communication from the Director of
the EPA Office of Federal Activities Indicating that a facility to be used in the project is under
consideration for listing by the EPA.
45. Flood DI.a.ter Protection Act
The subgrantee will comply with Section 1 02(a) of the Flood Disaster Protection Act of 1973,
Public Law 93-234, 87 Stat. 975, requiring that the purchase of flood Insurance In communities
where such insurance is available as a condition of the receipt of any federal financial assistance
for construction or acquisition purposes for use In any area that has been identified as an area
having special flood hazards.
FDLE Byrne Formula G,..nt Application P.ck.ge
Rule 110-9.008
G,..nt AlHJ/k:atlon
s.ctIon U. Page 24
OCJG - 005 (rev. April 2004)
Agenda Item No. 16J1
July 26, 2005
Page 27 of 35
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Proaram
46. National Historic Preservation Act
The subgrantee will assist the Department in Its compliance with Section 106 of the National Historic
Preservation Act of 1966 as amended (16 USC 470), executive Order 11593, and the Archeological
and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State
Historic Preservation OffIcer as necessary, to identify properties listed in or eligible for inclusion in the
National Register of Historic PIsces that are subject to adverse effects (see 36 CFR Part 800.8) by
the activity, and notifying the Department of the existence of any such properties and by (b) complying
with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects
upon such properties.
47. Omnibus Crime Control and Safe Streets Act
The subgrantee will comply and assure the compliance of all contractors, with the applicable
provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended; the
Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act; as appropriate; the
provisions of the current edition of the Office of Justice Program Financial and Administrative Guide
for Grants, M71 00.1; and all other applicable State and Federal laws, orders, circulars, or regulations.
48. Public Safety Office,.' Health Benefits Provision
The recipient has certified It is in compliance with the Public Safety Officers' Health Benefits Provision
of the Fiscal Year 2002, Departments of Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act (Pub. L. No. 107-77) and agrees to remain in compliance during the life
of the grant. This provision requires that the unit of local govemment which employs a public safety
officer (as defined by Section 1204 of TiUe I of the Omnibus Crime Control and Safe Streets Act of
1968, as amended) to afford such public safety officer who retires or is separated from service due to
injury suffered as a direct and proximate result of a personal injury sustained in the line of duty while
responding to an emergency situation or hot pursuit (as such terms are defined by State law) with the
same or better level of health insurance benefits at the time of retirement or separation as the officer
received while employed by the jurisdiction. If the recipient demonstrates noncompliance during the
life of the grant, 10 percent of the award amount must be returned to the grantor.
POLE Bym. Formula Gran' Application Packaga
Rule 110-9.006
Grant Application
Sec:tlon U - Page 26
OCJG - 005 (rev. April 2004)
Agenda Item No. 16J1
July 26, 2005
Page 28 of 35
Application for Funding Assistance
Florida Department of Law Enforcement
Edward Bvrne Memorial State and Local Law Enforcement Assistance Formula Gnmt Program
SUBGRANTEE CERTIRCA TION
I, the undersigned authorized official, certify that according to Section 501 of the Omnlbua Crime
Control and Safe Streets Act of 1968 al amended, that the Subgrantee (Subgrant Recipient) . . .
(Select one of the following):
x
Meets Act Criteria
Does not meet Act Criteria
I affirm that I have read the Act criteria let forth In the Subgrant Application Inltructlonl. I
understand that If the Subgrant Recipient meets these criteria, It must formulate, Implement and
maintain a written EEO Plan relating to employment practices affecting minority personl and
women. I also affirm that the Subgrant Recipient. . . (Select one of the following):
x
Has a Current EEO Plan
Does Not Have a Current EEO Plan
X Has included a copy of the current approval letter from the US DOJ
I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO
Plan, federaflaw requires It to formulate. implement, and maintain such a Plan within 120 days after a
subgrant application for federal assistance is approved or face loss of federal funds.
Signature of Subgrantee Authorized Official
Type Name: Fred W. Coyle
Title: Chairman, Collier County Commission
Subgrant Recipient: Collier County Commission
Date: .
AftIft
DWJII! B. BlOCK, ....
Appoo"" u \0 I_~ ~
'\~
A~w\~" AtV.nI1
BY:
FDLE Byrne Formula Grlnt AlJDllcatlon Pickage
Rule 110-9.006
GIant ADDlIf:ltlon
S<<:tIon H . PI(1fI 26
OCJG - 005 (11IV. AprIl 2004)
12/.2/2e~
2397748729
ADMINSERVlCES AgendaRA8Ei N8U8~1
T July 26, 2005
U.S. DepartmCDt of .Justice Page 29 of 35
AlJG 0 5 2DOJt
Office of Justice Program5
Office JOT Civil Rillsts
."."..,., D.C. :MJSJ 1
RECEIVED
July 30, 2004
~u; 0 3 2004
",,,NQf PlaOlJRCee
JamCl L. ICocmtz, Manager
LaborlEmployce R.elaticml
CoJ1i~ County Govemmcot
3301 'I'amiami Trail East
Nap~l' ~eri4c' 3411{Z .
AI: SEOP for Co2li~ County
DCM Mr, Koontz~
The O1!ice f<< Ci.vil R.ipts has reviewed and ~o:ved the EquaJ Employment Opportlmtly Plan GEEOP)
which you S\lbm.fttcd in accordance with the FOvisioD5 of your tccect armt award. The plaft'that ~
.ubmittld CbnJbrms to tbe S~1I..strp GuUJ. tD th, Daip and D.wJDpmtmt f!f 12n Epal EJ1fj1l0Jl'M1Il
Oppommity Plan. wbich U . SUide to providing the euential infomaticm tb8t the Departmflit of 111Jtf~
rllQuins for our initialiC1ee:nin,a of your EEOP. The Department ofJusticc resWauoae for de.'vc]opm, a
comprehensive EEOP znay be found at:28 CFR ~ 42.301 et s_g. YO:JJ a;>provcd plan is e1feat:tve for two
years D:cm the date o!tbi.letter.
Ifyol1 ba'Ve any quemo05 re,uding this matter, please COt'ltICt th= Offige for CiYil R.iabU at
(202) 301-0690. ' . ,
SinCC1'tly,
1fJ~ t~
Michael L. Allton. Director
Office for CiviJ Rigbtl
cc: Tim Eddy, FL
MLA:dcb
. " .
-, .
'.'.
" .
" . '.r.
': :. . ..
Agenda Item No. 16J1
July 26. 2005
Page 30 of 35
Application for Funding Assistance
Florida Department of Law Enforcement
Edward B . Memorial State and Local Law Enforcement Assistance FormulaOrant Pro ram
SUBGRANTEE CERTIFICA TION
I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime
Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) . . .
(Select one of the following):
x
Meets Act Criteria
Does not meet Act Criteria
I affirm that I have read the Act criteria set forth In the Subgrant Application Instructions. I
understand that If the Subgrant Recipient meets these criteria, It must fonnulllte, Implement and
maintain a written EEO Plan relating to employment practices affecting minority persons and
women. I also affirm that the Subgrant Recipient. . . (Select one of the following):
x
Has a Current EEO Plan
Does Not Have a Current EEO Plan
X Has included a copy of the current approval letter from the US DOJ
I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO
Plan, federal law requires It to formulate, implement, and maintain such a Plan within 120 days after a
subgrant application for federal assistance is approved or face loss of federal funds.
Signature of Subgrantee Authorized Official
Type Name: Fred W. Coyle
Title: Chairman, Collier County Commission
Subgrant Recipient: Collier County Commission
Date:
1,"",
DWI8Ilt I. __ mal
BY:
AJIIfW1t. tout1 j.\W'nt1
FDLE Byrne Formul. aNnt AppII~t/on F'Klulge
Rule 11D-9.006
Grant ~tIon
Section II. P~. 26
OCJG - 005 (rev. April 2004)
12/.2/20.~
2397748720
Agend~ *AaJ1
AlJol INSERV ICES July 26,2005
U.S. Departmeot of Ju.stIce Page 31 of 35
Office of Justice Progrun$
AU6 0 5 2004
OJjice for CiYil Rtlht8
.,.".., AC, :MJSIl
July 30, 2004
James L. Kocn~ Manager
LaborlEm:ployce R.el&1iona
CoUil!lf County Government
3301 Tamiami 'I'ratl East
NapJl:SI' m.n4c' 341'112
Rc: BEOP for Colliez: County
RECEIVED
~U; 0 3 2004
HUMIAN Pa-SOURCES
D~ Mr. Koontz~
The Ofiic:e b Ci.viI Rlahts:bas reviewed and appro:ved the BquaJ Employment Opportlmit)' Pian (EEOP)
which you submJtted J.u Iccordatlce with the p.."Ovisions of your rccelrt rrmt aWBl'd. The plarUbat YeN
.ubmitted ct)nfotms to the $r,.J6l1-Step GuUh (0 1M Delii'll QM Devdop7unt of an Epal Er'IfjlO)'fM'"
OpP(}1't1J'/J.ity Pkm, which fJ . guide to providmg tlIe essential information that die DepattmeIit of 1\11\fr=.
requires for our initf&1acree:mn, of your EEOP, The Depulment ot.Justice reaulatiODS for dt!VClopm, a
comprehensive :eEOJi may be f-oun4 at.28 CPR 942.301 et .tafl. Yo;.Jr approved plan is cff.a!.ive for two
yeat1 frOttJ the date oft.hl.s letter.
If you have any qUCltioOl re,uding this rnlltlor, please COtlt.act the Office for Civil Riebu ~
(202) 307-0690, ' .
Sincerely,
7JJ~ t~
Michee:l L. Alston. Director
Office for Civil RiJhtl
oc: Tim Eddy, PI.
MLA:dcb
. . 'f I
~,
" . ',!.
....'....
,',
Agenda Item No. 16J1
July 26, 2005
Page 32 of 35
Application for Funding Assistance
Florida Department of Law Enforcement
Edward B rne Memorial State and Local Law Enforcement AI.I.tance Formula Grant Pro ram
H. 81
In witness whereof, the parties affirm they each have read and agree to the conditions set forth In this
agreement, have read and understand the agreement in Its entirety and have executed this agreement
by their duly authorized officers on the date, month and year set out below.
Corrections on this page. Including
Strlkeov81"11, whlteout, etc..... not Icceptable.
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t~~..~t~)iJ1~~ft~Il';~\....':(l. '''ill I'{. . /. ~\ ,.1.,. , ...d"'~L~j,I, rl'l ;"., '/1 'j~,~\~,qV\l'!...t'''1''\'', I~, J.j:~.~1.
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fat ~;f:';'':''l ,. "Hy:\Ilit'~~~~ {. .'6<,/:,"., ... I : Ii r" , ," ," .' "1S;,~I..\hl.\"iI1~~.iyh:\i:~\:,i;,r""~i<?f~':;:~~ h:J..hi~~
Signature:
Typed Name and Title: Clavton H. Wilder. Community Proarem Administrator
Date:
\.L';:i;. \;~,: ,', ,';;, , ", ,", "',,:,,, :, i",.~, ,j", ,';i
~~j.J~:oJl'll.",~,r'<(\~:1j\\-H;rLjf":I' ,>'}',~ , " .'. ,'I,'t"",)., ~<'f".\ . .i. ,,\,' ,. ., ....,';f'...,I~A..' \'/.J.t'N; ';";~"."f.:-.~\o....f;l;i:I\'<.,r..+':flt~
Typed Name of SubgrentReclplent: Collier County Commission
Signature:
Typed Name and TItle: Fred W. Covle
Date:
~r~~',\),., -'I'r} .,/' :~" :'j -'-, ~ . ; ". .:\,I,,11Ill';"J{'~,~;I>'I:f)4'!' "',. :~. j;}.J;;I'I\:;~:,~~
:~:~k~~"l"/ <; ~\"~;:",Il<. < " -, ~ '" I t,." l. r ")!'I'~ I,~ ~j I', "I .r, ......., ~/;
~r,~;l,;iL'1ji,:~;,~T:',,'; :::':: " '. ._\t.',i,I~." ":' ,I.. " ,":'."I.'I,,~: 1,:~"::":!;,,,; '),,,: /::0:.;.i,: ". rt ',,>:, :,.):;L.j'.~(~k1~;~
Typed Name an
Date: 7h/li5
I ,
A'ftB8'l
DWIIIft'L" ...
~~'
t........ttouuty A<<orner
BY:
FDLE Byrne Formula GIant ApplIcation Package
Rule 110-9.006
GnInt AppIlcatlon
Sectlon H. Page 28
OCJG - 005 (rev. AprtI2004)
Agenda Item No. 16J 1
July 26, 2005
Page 33 of 35
Application for Funding Assistance
Florida Oepartment of Law Enforcement
Edward Byrne Memorial State and Local Law Enforcement Assistance Fonnula Grant Proaram
H. SI
In witness whereof, the parties affinn they each have read and agree to the conditions set forth In this
agreement, have read and understand the agreement In Its entirety and have executed this agreement
by their duly authorized officers on the date, month and year set out below.
Corrections on this page, Including
Strikeovers, whlteout, etc. .... not acceptable.
E~;:;:f~EJ~t;;r, t!;,}:,::, ',~' : ;,::: ~ '.' '::',{-;:,:::: I ',:':, :}.', ';::..' :",:,~7: ,1~: ",,' :," ',:,' ~ ' ,:':;~ ~):;;~,:~;~~;:,,":' r"~".:"~?'~~'.~/'::;~;~:i~;~
Rll:;(t;"';\I""";""",J~':!;,;\l,..~l... ""rl~'" ""'I"\,,,~<J'::-"',,l , I' ''I'' ,I" \', ,L, I", '.":' ",,,)t!,\I,I~'t""''':'' "',\'~ "'..r,. ' '["'''''''
l "'.. ,,*,l,;'~1W;'1 ,:i8r'k;i~.!!ti..~~~,Jij'I'" ,., ',~ 7~"'; '.~fr. ,.~ ... _.A ". f l.w...., \" ....t:.:J..~.tl'."-:l:' ,~,:J7,..,"",.""...~ , t ~'\'''~11;"
Signature:
Typed Name and Title: aemn H. Wilder. Community Proaram Administrator
Date:
:~<~~:::~~:~~>~'!~';\;}~~~':".~n;,:,.~I:l:I~I:'~. ' t. /;:,~:'~ 1~' "::\:';~ l: I', ,-/'I,li', ~ .: :;~~~j:,"': < :~~';,),~:r'~rtt;~t~J;2;~1~f~l: ":\;\'n;,(J1t:; :':,~:~~1!
1~~~~"1f.i1~""::.J( "~"c ~il'",,'''/ '-U "''-l~, I 'I ' .., ", , "'fl ~-+~.....h, ~ll.. - r, ., - I~j
t'~r.~~,1a:~i"J~rl~..~t~1'i;.>~~),r~1; ',,"'"11",-1 \, .....' '. r'll"r. ..d 1, {'J,I. ~J~' \ ~ Ir 1": "',' ~.'r ~ H"'j;'; , . -. '~". ) . ,','l'
I':ii~l,,;;.r-r:l,f"',,"~..,:~. iI&I:'~'~ ," ,\' I ,~-l,. ~. .'" J:;,' )(~ ~~",.f. J/<'..j:" I,.. ,'_ I', !;1.~'0
~~.~;'tX~'r\;:i1';'~"\IJ;,'~~ ('~f.)jJ\; \. . 1 ' '\"'':'l'~ l~ I It I, ~ t ,) . f," 11" II \ ~ 1 : l' . ~ l ) ,c;~~:. 1 r.~;'ti>( .'"I'.ut;.:;::&....,ltM'4k1ir&~~
~'i~J'l~~ ~t: ';'):It:_....~ J'l.- t..~-:~,...! z...':. ~\ i...{",..~!' ~:~..{,t. ~~ !~.~, ~"'..,' ~.'~ ..j ...'.-:i.,t,.~j ,.;-- 'J'v..!:'i:liShJ~,.\i:'i.,!fj.tk~{.\jt.<{\....~~~ !':'~i...l't\IU~:Jl!.... li~
Typed Name of Subgrant Recipient: Collier County Commission
Signature:
Typed Name and TItle: Fred W. Covle
Date:
l~l'\~:;~!~;r.:; 1}>~:,;,'.:;~~i,/ "~:~~ ~, . ",v, ,'" ,',,: ':," ,. , ;-:',' ," . " :':',: ,'. .' ;-: 'iY' /" ~'~",~',~:~'.I"~;'~)' ;"7 ': ;' ::~:,:":};\':,~':';:~]:J;
1~~'-tJj;l:'c-\'~/~f!rM~...J,,~t . I''" tit! Ilr'! 'll(llflt '1J I",.. III {ll,j,~ [I' ~r,' II II I 1 ~ll '\ 1"" ,~. ( (~" I. "IIi
~~;;:~l~t~l!.'>t,fll-"l:';(l. '-":'<~!\".1''' I , I r "' . ,'C ~..,', \, ~l.: ,;~'jl,I':" "1 ,'''''. i~' '/'
;! ".JjJ,:J'J~Q~,-44:I,.ftl~.Mt'.I~I: ~,,,,}ii ,., l. ."rlo '....t ~ :'~ .. ~ .h' - _" , ~ ,tl"+: , ' I'\'r";., ' I ~, ~ . J.I.. ",...,1. ,I' ~I" E ~I .\ ~ 'J", , " ' \l,-t ~ .._ hI,., ........ \~1
:::~::SheriffsOfflce
Typed Na~
Date: 7!~//) r:
Aftiii'
DWI8I! B."" &III
If:
AppnwlCl &I to fonn & le"al.utt~}.o,t .\~~.' ..
1()VV"'- ()~.-
A,"*"\ CcMmt1 Aitont,
FOl.E Byrne Formula Grant Appll~tIon Packeg.
Rule 110-9.006
aninI Application
Section II. Page 28
OCJG - 005 (rev. AprIl 2004)
PlJrxwdo/~~ ~~ ~~
3301 East Tamlaml TraU . Naples. Florida 34112 - 49n
(239) n4-8097 · Fax (239) 774-3602
Agenda Item No. 16J1
~~~(i)26' 2~05
~
'UlIIlI'"
Florida State Identification Systems Program
Donna Fiala Florida Department of Community Affairs
District 1
Frank Halas EEO Certification Letter - Subgrant Recipient
District 2
Tom Henning
District 3
FredW. Coyle Mr. Clayton H. Wilder
District 4 Community Program Administrator
Jim Coletta Bureau of Community Assistance
Olstrlct 5 D f C 'ty Aft .
epartment 0 ommum airs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Re: Compliance with Equal Employment Opportunity (EEO) Program
Requirements - Subgrant Recipient
Dear Mr. Wilder:
I, the undersigned authorized official, certify that according to Section 501 of the
Omnibus Crime Control and Safe Streets Act of 1968 as amended, that I have read the
Act criteria set forth in the Suberant Aoollcatlon Package and Instructions. I understand
that if the subgrant recipient meets these criteria, ,It must formulate, implement and
maintain a written EEO Program relating to employment practices affecting minority
persons and women. I also affirm that the subgrant recipient (Initial one of the
following): .
~ Does meet Act Criteria and does have a current EEO Program Plan.
_ Does meet Act Criteria and does not have a current EEO Program Plan.
_ Does not meet Act Criteria.
I further affirm that if the recipient meets the Act criteria and does not have a
current written EEO Program, federal law requires it to formulate, Implement, and
maintain such a program within 120 days after a subgrant application for federal
assistance is approved or face loss of federal funds.
Requires signature of authorized official:
Type Name and Title: Fred W. Covle. Chairman. Collier County Commission
By:
Date:
Name of Subgrantee Organization:
AftB8'l'
DWIGIl'1' B. .... "...
Collier County Commission
BY:
Appt'O'fed .. to form &5 IGgal .u.:ticim,{!"
~W\ p~ '
AIIlstut County AUorn8f
P/J~o/~~ ~~ ~~
3301 East Tamiami Trail. Naples. Florida 34112.4977
(239) 774-8097. Fax (239) 774-3602
Agenda Item No. 16J1
July 26. 2005
Page 3
Florida State Identification Systems Program
Donna Fiala Florida Department of Community Affairs
District 1
r;;:k::las EEO Certification Letter - Subgrant Recipient
Tom Henning
District 3
Fred W. Coyle Mr. Clayton H. Wilder
District 4 Community Program Administrator
Jim ?Oletta Bureau of Community Assistance
Dlstnct 5 . .
Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Re: Compliance with Equal Employment Opportunity (EEO) Program
Requirements - Subgrant Recipient
Dear Mr. Wilder:
I, the undersigned authorized official, certify that according to Section 501 of the
Omnibus Crime Control and Safe Streets Act of 1968 as amended, that I have read the
Act criteria set forth in the Subarant Acclication Packaae and Instructions. I understand
that if the subgrant recipient meets these aiteria, it must formulate, implement and
maintain a written EEO Program relating to employment practices affecting minority
persons and women. I also affirm that the subgrant recipient (Initial one of the
following):
~ Does meet Act Criteria and does have a current EEO Program Plan.
_ Does meet Act Criteria and does not have a current EEO Program Plan.
Does not meet Act Criteria.
I further affirm that If the recipient meets the Act criteria and does not have a
current written EEO Program, federal law requires it to formulate, implement. and
maintain such a program within 120 days after a subgrant application for federal
assistance is approved or face loss of federal funds.
Requires signature of authorized official:
Type Name and Title: Fred W. CoYle. Chairman. Collier County Commission
. By:
Date:
Name of Subgrantee Organization:
A'1'TI8T
DWIIBT B...... -~
Collier County Commission
BY:
Approved a.s to form & legal rru1r~~;
~()Y\A p~..
~tli8taDt towat1 AUorue1
Agenda Item No. 16K1
July 26, 2005
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to authorize the making of an Offer of Judgment to
Respondent, April Circle, Ltd., for Parcel Nos. 146/746 in the amount of
$222,755 in the lawsuit styled Collier County v. April Circle, Ltd., et aL, Case
No. 04-3679-CA, Immokalee Rd. Project 66042 (Fiscal Impact $34,090.65 if
offer is accepted).
OBJECTWE: To approve and authorize the making of an Offer of Judgment pursuant to
Section 73.032, F1a. Stat., to Respondent, April Circle, Ltd ("Respondent"), in the amount of
$222,755.00, as full compensation, excepting attorney's fees and costs, for the acquisition arising
out of the condemnation of Parcel Nos. 146 and 746 in Collier County v. April Circle, Ltd., et al.,
Case No. 04-3679-CA (Immokalee Rd. Project 66042).
....-'
CONSIDERATIONS: On December 29,2004, Collier County deposited $193,700.00 into the
Court Registry and acquired title to Parcels 146 and 746 in accordance with the Stipulated Order
of Taking entered on December 17, 2004. The County Attorney's Office would like to make an
Offer of Judgment in the amount of $222,755.00, as full compensation for the property taken,
including interest and all damages. The proposed Offer of Judgment is attached. The making of
the Offer of Judgment will require the Respondent to carefully assess its claims within 30 days.
Respondent will have thirty days from the date of mailing the offer to accept. If the offer is
rejected and Respondent fails to recover more than $222,755.00 for Parcels 146 and 746, either
through settlement or jury verdict, the County will not be required to pay any costs incurred by
Respondent after the date of the offer's rejection.
Should the Respondent accept, the County will be required to pay as follows:
TOTAL COST:
$29,055.00
$ 150.00
$ 4.885.65
$34,090.65
. Additional Compensation for Parcel:
. Clerk's Service Fee
. Statutory Attorney's Fees.:
*Attomey's Fees are mandated by s. 73.092, F.S., and are based on 33% of the difference
between any settlement amount and the initial offer, i.e., 0.33 x (222,755 - $207,950).
FISCAL IMPACT: Funds in the amount of $34,090.65 are available in the FY 05 adopted
budget. Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve and authorize service of the Offer of Judgment;
2.
Approve entry of a Stipulated Final Judgment and expenditure of the funds, should the
offer be accepted.
,...-
PREPARED BY: Heidi F. Ashton, Assistant County Attorney
Agenda Item No. 16K1
July 26. 2005
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16K1
Meeting Date
Recommendation to authorize the making of an Offer of Judgment to Respondent, April
Circle, LId.. for Parcel Nos. 146/746 in the amount of $222.755 in the lawsuit styled Collier
County v April Circle, LId.. et ai, Case No. 04.3679.CA (Immokalee Rd. Project 66042).
(Fiscal Impact $34,090.65 - if Offer accepted)
7/26/2005 900:00 AM
Prepared By
Date
Heidi F. Ashton
Assistant County Attorney
6/22/20059:22:29 AM
County Attorney
County Attorney Office
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
6/29/2005 3:43 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Administration
6/29120054:31 PM
Approved By
Eugene Calvert
Principal Project Manager
Transportation Engineering and
Construction Management
Date
Transportations Services
7111200510:38 AM
Approved By
Nonn E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
7/1/20051 :51 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Transportation Engineering and
Construction
Date
Transportation Services
711/20053:14 PM
Approved By
Heidi F. Ashton
Assistant County Attorney
Date
County Attorney
County Attorney Office
7/7/20054:18 PM
Approved By
David C. Weigel
County Attorney
Date
County Attorney
County Attorney Office
7113/20051:02 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
7/13/20051 :32 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
7/13/20053:35 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
7/13/20055:03 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
7/14120051 :06 PM
Agenda Item No. 16K1
July 26, 2005
Page 3 of 5
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of
Florida,
Case No.: 04-3679-CA
Petitioner,
Parcel Nos: 146, 746
vs.
APRIL CIRCLE, L m., et aI.,
Respondents.
/
OFFER OF JUDGMENT
TO: April Circle, Ltd.
c/o Jay W. Small, Esquire
WILSON, GARBER & SMALL, P.A.
437 N. Magnolia Avenue
Orlando, FL 32801
Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues,
and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the
Respondent, APRIL CIRCLE, L TO. ("Respondent"), for all compensation, including severance
damages, statutory interest, business damages, costs to cure, together with the value of the
taking, and any other claims of Respondent arising out of the taking of Parcels 146 and 746, in
the total amount of Two Hundred Twenty-two Thousand Seven Hundred Fifty-five and
No/tOO Dollars ($222,755.00), for Parcels 146 and 746, which includes the amount of
$193,700.00 which was deposited pursuant to the Stipulated Order of Taking dated December
17,2004.
All compensation paid in accordance with this offer will be subject to the apportionment
claims, if any, of the mortgage holder.
I
Agenda Item No. 16K1
July 26, 2005
Page 4 of 5
There are no other non-monetary terms or other relevant conditions to this offer except
that this offer does include interest from the date of the Stipulated Order of Taking but does not
include attorney's fees and costs.
The construction plans and specifications for the project on which the offer is based have
been previously and continue to be available for the Respondent's review upon reasonable notice
of such a request.
Dated this _ day of
, 2005.
OFFICE OF THE COUNTY A TIORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
BY:
HEIDI F. ASHTON, ESQUIRE
Florida Bar No. 0966770
ATIORNEYFORPETITIONER
2
Agenda Item No. 16K1
July 26, 2005
Page 5 of 5
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
pOlitical subdivision of the State of
Florida,
Case No.: 04-3679-CA
Petitioner,
Parcel Nos: 146, 746
vs.
APRIL CIRCLE, LTD., et aI.,
Respondents.
/
NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT
YOU ARE HEREBY NOTIFIED the Petitioner, COLLIER COUNTY, FLORIDA, by
and through its undersigned attorney, has served Petitioner's Offer of Judgment to the
Respondent, APRIL CIRCLE, LTD., as to Parcels 146 and 746 in the above-styled cause.
I HEREBY CERTIFY that a true and correct copy of this Notice and Offer of Judgment
have been furnished via u.S. Mail to Jay W. Small, Esq., WILSON, GARBER & SMALL, P.A.,
437 N. Magnolia Ave, Orlando, FL 32801, and a copy of this Notice has been sent to those
parties listed on the attached Service List on this _ day of
, 2005.
OFFICE OF THE COUNTY ATIORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
BY:
HEIDI F. ASHTON, ESQUIRE
Florida Bar No. 0966770
ATTORNEY FOR PETITIONER
Agenda Item No. 16K2
July 26, 2005
Page 1 of 5
-
EXECUTIVE SUMMARY
Recommendation to authorize the making of an Offer of Judgment to
Respondent, Winterview Court II Master Association, Inc. for Parcel No. 137
in the amount of $10,000.00 in the lawsuit styled CoUier County v. Wal-Mart
Stores, Inc., et aL, Case No. 04-3632-CA, Immokalee Rd. Project 66042
(F1scal Impact 53013.00 if offer is accepted).
OBJECTIVE: To approve and authorize the making of an Offer of Judgment pursuant to
Section 73.032, Fla. Stat., to Respondent, Winterview Court II Master Association, Inc.
("Respondent"), in the amount of $10,000.00, as full compensation, excepting attorney's fees
and costs, for the acquisition arising out of the condemnation of Parcel No. 137 in Collier County
v. Wal-Mart Stores, Inc., et al., Case No. 04-3632-CA (Immokalee Rd. Project 66042)..
,-
CONSIDERATIONS: On December 29, 2004, Collier County deposited $7,500.00 into the
Court Registry and acquired title to Parcel 137 in accordance with the Stipulated Order of Taking
entered on December 17, 2004. The County Attorney's Office would like to make an Offer of
Judgment in the amount of $10,000.00, as full compensation for the property taken, including
interest and all damages. The proposed Offer of Judgment is attached. The making of the Offer
of Judgment will require the Respondent to carefully assess its claims within 30 days.
Respondent will have thirty days from the date of mailing the offer to accept. If the offer is
rejected and Respondent fails to recover more than $10,000.00 for Parcel 137, either through
settlement or jury verdict, the County will not be required to pay any costs incurred by
Respondent after the date of the offer's rejection.
Should the Respondent accept, the County will be required to pay as follows:
. Additional Compensation for Parcel:
. Clerk's Service Fee
. Statutory Attorney's Fees*:
$2,500.00
$ 150.00
$ 363.00 .
TOTAL COST:
$3,013.00
*Attorney's Fees are mandated by s. 73.092, F.S., and are based on 33% of the difference
between any settlement amount and the initial offer, i.e., 0.33 x (10,000 - $8,900).
FISCAL IMPACT: Funds in the amount of $3,013.00 are available in the FY 05 adopted
budget Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve and authorize service of the Offer of Judgment;
2.
Approve entry of a Stipulated Final Judgment and expenditure of the funds, should the
offer be accepted.
.--
PREPARED BY: Heidi F. Ashton, Assistant County Attorney
Agenda Item No. 16K2
July 26. 2005
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date
16K2
Recommendation to authorize the making of an Offer of Judgment to Respondent,
Winterview Court II Master Association, Inc. for Parcel No. 137 in the amount of
$10,000.00 in the lawsuit styled Collier County v. Wal-Mart Stores, Inc., et ai, Case No,
04-3632-CA (Immokalee Rd. Project 66042). (Fiscal Impact $3,013.00 - if Offer accepted)
7/26/200590000 AM
Item Number
Item Summary
Prepared By
Date
Heidi F, Ashton
Assistant County Attorney
6122120059:30:54 AM
County Attorney
County Attorney Office
Approved By
Lisa Taylor
ManagemenUBudget Analyst
Date
Transportation Services
Transportation Administration
6/29/2005 3:42 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Administration
6129/20054:33 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
7/1120051 :52 PM
Approved By
Eugene Calvert
Principal Project Manager
Transportation Engineering and
Construction Management
Date
Transportations Services
711/20053:09 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
Transportation Engineering and
Construction
711120053:14 PM
Approved By
Heidi F. Ashton
Assistant tounty Attorney
Date
County Attorney
County Attorney Office
7/7120054:20 PM
Approved By
David C, Weigel
County Attorney
Date
County Attorney
County Attorney Office
7113/20051:06 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
7113/2005 1: 33 PM
Approved By
Susan Usher
Senior ManagemenUBudget Analyst
Date
County Manager's Office
Office of Management & Budget
7113/20053:58 PM
Approved By
Michael Sll1ykowskl
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
7/13/20055:05 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
7/14/20051 :09 PM
Agenda Item No, 16K2
July 26, 2005
Page 3 of 5
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of
Florida,
Case No.: 04-3632-CA
Petitioner,
Parcel No.: 137
vs.
W AL-MART STORES, INC., et al.,
Respondents.
/
OFFER OF JUDGMENT
TO: Winterview Court II Master Association., Inc.
c/o Douglas A. Wood, Esquire
SIESKY PILON & WOOD
1000 Tamiami Trail North, Suite 201
Naples, FL 34102
Plaintiff, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statues,
and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action to the
Respondent, WINTERVIEW COURT II MASTER ASSOCIATION., INC. ("Respondent"), for
all compensation, including severance damages, statutory interest, business damages, costs to
cure, together with the value of the taking, and any other claims of Respondent arising out of the
taking of Parcel 137, in the total amount of Ten Thousand and No/100 Dollars ($10,000.00),
for Parcel 137, which includes the amount of $7,500.00 which was deposited pursuant to the
Stipulated Order of Taking dated December 17,2004.
All compensation paid in accordance with this offer will be subject to the apportionment
claims, if any, of the mortgage holder.
1
Agenda Item No. 16K2
July 26, 2005
Page 4 of 5
There are no other non-monetary terms or other relevant conditions to this offer except
that this offer does include interest from the date of the Stipulated Order of Taking but does not
include attorney's fees and costs.
The construction plans and specifications for the project on which the offer is based have
been previously and continue to be available for the Respondent's review upon reasonable notice
of such a request.
Dated this _ day of
,2005.
OFFICE OF THE COUNTY ATTORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
BY:
HETIDIF.ASHTON,ESQUIRE
Florida Bar No. 0966770
ATTORNEY FOR PETITIONER
2
Agenda Item No. 16K2
July 26, 2005
Page 5 of 5
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of
Florida,
Case No.: 04-3632-CA
Petitioner,
Parcel No.: 137
vs.
WAL-MART STORES, INC., et aI.,
Respondents.
/
NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT
YOU ARE HEREBY NOTIFIED the Petitioner, COLLIER COUNTY, FLORIDA, by
and through its undersigned attorney, has served Petitioner's Offer of Judgment to the
Respondent, WINTERVIEW COURT II MASTER ASSOCIATION., INC., as to Parcel 137 in
the above-styled cause.
I HEREBY CERTIFY that a true and correct copy of this Notice and Offer of Judgment
have been furnished via U.S. Mail to Douglas A. Wood, Esq., SIESKY PILON & WOOD, 1000
Tamiami Trail North, Suite 201, Naples, FL 34102, and a copy of this Notice has been sent to
those parties listed on the attached Service List on this _ day of
.2005.
OFFICE OF THE COUNTY A TIORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
BY:
HEIDI F. ASHTON, ESQUIRE
Florida Bar No. 0966770
ATTORNEY FOR PETITIONER
Agenda Item No. 16K3
July 26, 2005
Page 1 of 5
,.--
EXECUTIVESU~Y
Recommendation to approve the Offer of Judgment in the amount of
5171,700.00 as to Parcel 139 in the lawsuit styled CoUier County v. Edward
Stanley Sanditen, et aL, Case No. 02-5165-CA (Immokalee Road Project No.
60018). (Fiscal Impact $18,669.00-if offer is accepted.)
OBJECTIVE: That the Board of County Commissioners approve and authorize the making of
an Offer of Judgment pursuant to Section 73.032, Fla. Stat., to Respondent, Joan S. Herring
("Respondent"), in the amount of $171,700.00, as full compensation, exclusive of attorney's fees
and costs, for the acquisition arising out of the condemnation of Parcel No. 139 in Collier County
v. Edward Stanley Sanditen, et al., Case No. 02-5165-CA (Immokalee Road Project).
CONSIDERATIONS: On June 6, 2003, Collier County deposited $159,400.00 into the Court
Registry and acquired title to Parcel 139 in accordance with the Order of Taking entered on May
22,2003. The County Attorney's Office would like to make an Offer of Judgment in the amount
of $171,700.00, as full compensation for the property taken, exclusive of attorney's fees and
costs. See attachment. The making of the Offer will require Respondent to carefully assess her
claim within 30 days. If the offer is rejected and Respondent fails to recover more than
$171,700.00 through settlement or jury verdict, the County will not be required to pay any costs,
including appraisal and other expert fees, incurred by Respondent after the date of the offer's
rejection. Should the Respondent accept, the County will be required to pay as follows:
-
. Additional Compensation for Parcel
. Statutory Attorney's Fees.
TOTAL COST:
$12,300.00
$ 6.369.00
$18,669.00
* Attorney's Fees are mandated by s. 73.092, F.S., and are based on 33% of the difference
between settlement amount and the initial offer, i.e., 0.33 X ($171,700 - $152,400).
FISCAL IMPACT: Funds in the amount of $18,669.00 are available in the FY 05 adopted
budget Source of funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve and authorize service of the Offer of Judgment;
2. Approve the expenditure of funds as stated, if the offer is accepted;
3. Approve entry of a Stipulated Final Judgment and expenditure of the funds, if the
offer is accepted.
PREPARED BY: Ellen T. Chadwell, Assistant County Attorney
--
Agenda Item No. 16K3
July 26, 2005
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date
16K3
Recommendation to approve the Offer of Judgment in the amount of $171,700.00 as to
Parcel 139 in the lawsuit styled Collier County v. Edward Stanley Sanditen, et aI., Case No
02-5165-CA (Irnmokalee Road Project No. 60018). (Fiscal Impact $18,66900--if Offer is
accepted)
7/26/2005900:00 AM
Item Number
Item Summary
Approved By
U;oa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
6/29/20053:32 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Administration
6/29/2005 4:43 PM
Approved By
Eugene Calvert
Principal Project Manager
Transportation Engineering and
Construction Management
Oate
Transportations Services
7/1/200510:38 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Oate
Transportation Services
Transportation Services Admin.
7/1/20051 :55 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
Transportation Engineering and
Construction
7/1/20053:15 PM
Approved By
Nancy Bradley
Legal Secretary
Date
County Attorney
County Attorney Office
7/11120059:11 AM
Approved By
Ellen T. Chadwell
Assistant County Attorney
Oate
County Attorney
County Attorney Office
7111/20059:21 AM
Approved By
David C, Weigel
County Att.orney
Date
County Attorney
County Attorney Office
7/13/20051:13 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
7/13/20051:34 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
7/13/20054:09 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
7/13/20055:08 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
7/14/20051:11 PM
Agenda Item No. 16K3
July 26, 2005
Page 3 of 5
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of.Florida,
Petitioner,
Case No. 02-5165-CA
v.
Parcel No.: 139
EDWARD STANLEY SANDITEN, et al.,
Respondents.
/
OFFER OF JUDGMENT
TO: Joan S. Herring
c/o Brian P. Patchen
Earle & Patchen
1000 Brickell Avenue, Suite 1112
Miami, Florida 33131
Petitioner, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida
Statutes, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in this action
to the Respondent, JOAN S. HERRING, for all compensation, including severance damages,
business damages, costs to cure, together with the value of the taking, statutory interest, and any
other claims of Respondent, JOAN S. HERRING, arising out of the taking of Parcel 139, in the
total amount of One Hundred Seventy-One Thousand Seven Hundred and No/tOO Dollars
($171,700.00), for Parcel 139, which includes the amount of $159,400.00 deposited pursuant to
the Order of Taking dated May 22,2003.
There are no other non-monetary terms or other relevant conditions to this offer except
that this offer does not include attorney's fees and costs.
Agenda Item No, 16K3
July 26, 2005
Page 4 of 5
The construction plans and specifications for the project on which the offer is based have
been previously and continue to be available for the Respondent's review upon reasonable notice
of such a request.
Dated this
day of
, 2005.
OFFICE OF THE COUNTY A TIORNEY
Harmon Turner Building
330 I East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
BY:
ELLEN T. CHADWELL, ESQUIRE
Florida Bar No. 0983860
ATTORNEY FOR PETITIONER
2
Agenda Item No, 16K3
July 26, 2005
Page 5 of 5
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of Florida,
Petitioner,
Case No. 02-5165-CA
v.
Parcel No.: 139
EDWARD STANLEY SANDITEN, et aI.,
Respondents.
/
NOTICE OF SERVICE OF PETITIONER'S OFFER OF JUDGMENT
Petitioner, COLLIER COUNTY, FLORIDA, by and through its undersigned attorney,
hereby gives notice of serving Petitioner's Offer of Judgment to the Respondent, JOAN S.
HERRING, as to Parcel 139 in the above-styled cause.
I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Service of
Petitioner's Offer of Judgment and Offer of Judgment has been furnished via regular U.S. Mail to
Joan S. Herring, c/o Brian P. Patchen, Earle & Patchen, 1000 Brickell Avenue, Suite 1112, Miami,
Florida, 33131, and the Notice of Service by U.S. Mail Collier County Tax Collector, c/o E. Glenn
Tucker, Esq., RHODES, TUCKER & GARRETSON, P. O. Box 887, Marco Island, Florida 34146,
on this _ day of
,2005.
OFFICE OF THE COUNTY ATIORNEY
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
BY:
ELLEN T. CHADWELL, ESQUIRE
Florida Bar No. 0983860
ATTORNEY FOR PETITIONER
Agenda Item No. 16K4
July 26, 2005
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to authorize the making of an Offer of Judgment to
Respondent, G. Herbst, for Parcel No. 113 in the amount of $95,760.00 in the
lawsuit styled CoUier County v. G. Herbst, et aL, Case No. 02-5138-CA
(Immokalee Road Project 60018). (Fiscal Impact $23,910.00 - if offer
accepted)
OBJECTIVE: Approve and authorize the making of an Offer of Judgment pursuant to Section
73.032, Fla. Stat., to Respondent, G. Herbst ("Respondent"), in the amount of $95,760.00, as full
compensation, excepting attorney's fees and costs, for the acquisition arising out of the
condemnation of Parcel No. 113 in Collier County v. G. Herbst, et al., Case No. 02-5138-CA.
CONSIDERATIONS: On June 6, 2003, Collier County deposited $72,000.00 into the Court
Registry and acquired title to Parcel No. il3 in accordance with the Order of Taking entered on
May 22, 2003. The Office of the County Attorney would like to make an Offer of Judgment in
the amount of $95,760.00, as full compensation for the property taken, including interest and all
damages. The proposed Offer of Judgment is attached. The making of the Offer of Judgment
will require the Respondent to carefully assess his/her claims within 30 days. Respondent will
have thirty days from the date of mailing the offer to accept. If the offer is rejected and
Respondent fails to recover more than $95,760.00 for Parcel No. 113, either through settlement
_ or jury verdict, the County will not be required to pay any costs incurred by Respondent after the
date of the offer's rejection.
Should the Respondent accept, the County will be required to pay as follows:
. Additional Compensation for Parcel No. 113
. Clerk's Service Fee
$23,760.00
$ 150.00
TOTAL COST:
$23.910.00
FISCAL IMPACT: Funds in the amount of $23,910.00 are available in the FY05 adopted
budget Source offimds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve and authorize service of the Offer of Judgment;
2. Approve entry of a Stipulated Final Judgment and expenditure of the funds, should the
offer be accepted.
__ PREPARED BY: Heidi F. Ashton, Assistant County Attorney
Agenda Item No. 16K4
July 26,2005
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16K4
Meeting Date
Recommendation to authorize the making of an Offer of Judgment to Respondent, G.
Herbst. for Parcel No. 113 in the amount of $95,760.00 in the lawsuit styled Collier County
v. G. Herbst, et al.. Case No. 02-513B-CA (Immokalee Road Project 6001 B). (Fiscal
Impact: $23,910.00 - if Offer accepted)
7/26/2005 90000 AM
Prepa red By
Date
Heidi F, Ashton
Assistant County Attorney
. 71512005 3:56:24 PM
County Attorney
County Attorney Office
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
7/712005 9:32 AM
Approved By
Eugene Calvert
Principal Project Manager
Transportation Engineering and
Construction Management
Date
Transportations Services
7nt2005 10:51 AM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Sen,ices
Transportation Administration
718/20059:16 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Transportation Engineering and
Construction
Date
Transportation Services
718/20052:15 PM
Approved By
Sharon Newman
Accounting Supervtsor
Date
Transportation Services
Transportation Administration
7111120059:16 AM
Approve.d By
Oavid C. Weigel
County littorney
County Attorney
Date
County Attorney Office
7/13120051 :14 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
7113120051 :38 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
7113120054:23 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
7113/20055:16 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
7/14/20051 :05 PM
Agenda Item No. 16K4
July 26. 2005
Page 3of4
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACflON
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of
Florida,
Case No.: 02-5138-CA
Petitioner,
Parcel No: 113
vs.
G. HERBST, et al.,
Respondents.
I
OFFER OF JUDGMENT
TO: G. Herbst
1061 Logan Blvd. S.
Naples, FL 34116
PETITIONER, COLLIER COUNfY, FLORIDA, pursuant to ~73.032, Fla. Slat.. and
Aa.R.Civ.P. 1.442, does hereby make this binding offer of judgment in this action to Respondent,
G. HERBST ("Respondent"), for all compensation, including severance damages, statutory interest.
business damages, costs to cure, together with the value of the taking, and any other claims of
Respondent arising out of the taking of Parcel 113, in the total amount of Ninety-Five Thousand
Seven Hundred Sixty Dollars and No/tOO ($95,760.00), for Parcel 113, which includes the
amount of $72,000.00 which was deposited pursuant to the Order of Taking dated May 22, 2003.
There are no other non-monetary terms or other relevant conditions to this offer except that
this offer does not include attorney's fees and costs.
The construction plans and specifications for the project on which the offer is based have
been previously and continue to be available for Respondent's review upon reasonable notice of
such a request.
Dated this _ day of July. 2005.
Agenda Item No. 16K4
July 26,2005
Page 4 of 4
OFFICE OF THE COUNTY ATTORNEY
Hannon Turner Building
330 1 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
BY:
HEIDI F. ASHTON. FSQU@
Florida Bar No. 0966770
ATTORNEY FOR PETITIONER
-
Agenda Item No. 16K5
July 26, 2005
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to authorize the making of an OtTer of Judgment to
Respondent, Mary H. Wagner, for Parcels 106 & 806 in the amount of
$611,472.00 in the lawsuit styled Collier County v. Tree Plateau Co., Inc., eI
aL, Case No. 03-0519-CA (Immokalee Road Project 60018). (Fiscal Impact
$146,626.76 - ~ offer accepted)
OBJECTIVE: Approve and authorize the making of an Offer of Judgment pursuant to Section
73.032, Fla. Stat., to Respondent, Mary H. Wagner ("Respondent''), in the amount of
$611,472.00, as full compensation, excepting attorney's fees and costs, for the acquisition arising
out of the condemnation of Parcels 106 & 806 in Collier County v. Tree Plateau Co., Inc., et al.,
Case No. 03-0519-CA.
CONSIDERATIONS: On June 6,2003, Collier County deposited $508,000.00 into the Court
Registry and acquired title to Parcels 106 & 806 in accordance with the Order of Taking entered
on May 22, 2003. The Office of the County Attorney would like to make an Offer of Judgment
in the amount of $611,472.00, as full compensation for the property taken, including interest and
all damages. The proposed Offer of Judgment is attached. The making of the Offer of Judgment
will require the Respondent to carefully assess her claims within 30 days. Respondent will have
thirty days from the date of mailing the offer to accept. If the offer is rejected and Respondent
__ fails to recover more than $611,472.00 for Parcels 106 & 806, either through settlement or jury
verdict, the County will not be required to pay any costs incurred by Respondent after the date of
the offer's rejection.
Should the Respondent accept, the County will be required to pay as follows:
. Additional Compensation for Parcels 106 & 806
. Attorney's Fee*
$103,472.00
$ 43.154.76
TOTAL COST:
$146.626.76
*Attomey's Fees are mandated by Section 73.092, F.S., and are based on 33% ofthe difference
between any settlement amount and the initial offer, i.e., 0.33 x ($611,472 - $480,700).
FISCAL IMPACT: Funds in the amount of $146,626.76 are available in the FY05 adopted
budget Source offunds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1. Approve and authorize service of the Offer of Judgment;
2.
Approve entry of a Stipulated Final Judgment and expenditure of the funds, should the
offer be accepted.
.,-
PREPARED BY: Heidi F. Ashton, Assistant County Attorney
Agenda Item No. ~ oK5
July 26, 2005
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16K5
Meeting Date
Recommendation to authorize the making of an Offer of Judgment to Respondent, Mary H
Wagner, for Parcels 106 & B06 in the amount of $611,472.00 in the lawsuit styled Collier
County v. Tree Plateau Co., Inc., et aI., Case No. 03-0519-CA (Immokalee Road Project
60018). Fiscallmpact:$146,626.76 - if Offer accepted)
7/26/2005900:00 AM
Prepa red By
Date
Heidi F. Ashton
Assistant County Attorney
7/6/200510:40:05 AM
County Attorney
County Attorney Office
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
7/7120059:33 AM
Approved By
Eugene Calvert
Principal Project Manager
Transportation Engineering and
Construction Management
Date
Transportations Services
717/20055:10 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Oate
Transportation Services
Transportation Administration
7/8/20059:16 AM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
Transportation Engineering and
Construction
7/8120052:14 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Administration
7/11/20059:53 AM
Approved By
David C. Weigel
County Attorney
Date
County Attorney
County Attorney Office
7113/20051:15 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
7113/2005 1: 39 PM
Approved By
Susan Usher
Senior ManagementlBudget Analyst
Date
County Manager's Office
Office of Management & Budget
71141200512:52 PM
Approved By
James V, Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
7/14/20055:18 PM
Agenda Item No. 16K5
July 26, 2005
Page 3 of4
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY. FLORIDA. a
political subdivision of the State of
Florida,
Case No.: 03-0519-CA
Petitioner,
Parcel Nos.: 106 & 806
vs.
TREE PLATEAU CO., INC., et a!.,
Respondents.
I
OFFER OF JUDGMENT
TO: John C. Lukacs, Esquire
201 SevilJa Avenue, Suite 305
Coral Gables, FL 33134
PETmONER, COLLIER COUNTY, FLORIDA, pursuant to ~73.032, Fla. Stat., and
Fla.R.Civ.P. 1.442. does hereby make this binding offer of judgment in this action to Respondent,
MAR Y H. WAGNER ("Respondent"), for all compensation, including severance damages,
statutory interest, business damages. costs to cure, together with the value of the taking, and any
other claims of Respondent arising out of the taking of Parcels 106 and 806, in the total amount of
Six Hundred Eleven Thousand Four Hundred Seventy-Two Dollars and No/UN) ($611,472.00),
for Parcels 106 and 806, which includes the amount of $508,000.00 which was deposited pursuant
to the Order of Taking dated May 22, 2003.
There are no other non-monetary terms or other relevant conditions to this offer except that
this offer does not include attorney's fees and costs.
Agenda Item No, 16K5
July 26, 2005
Page 4 of 4
The construction plans and specifications for the project on which the offer is based have
been previously and continue to be available for Respondent's review upon reasonable notice of
such a request.
Dated this _ day of July, 2005.
OFFICE OF THE COUNTY A TIORNEY
Hannon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 714..0225 - Facsimile
q;
HEIDI P. ASHTON, ESQUIRE
Florida Bar No. 0966710
ATIORNEY FOR PETmONER
BY:
Agenda Item No. 16K6
July 26, 2005
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation that the Board approve, and authorize its Chairman to execute, a
License Agreement to Use County Boat Ramp with the current owner of 4220 220d Street
NE, Naples, Florida.
OBJECTIVE: To obtain Board approval of a revocable License Agreement to Use County
Boat Ramp with the current owner of 4220 22nd Street NE, Naples, Florida.
CONSIDERATION: In order to access and maintain the canal adjacent to the above-
referenced property, the County many years ago constructed a gravel boat ramp within the
property's eastern 75-foot drainage easement. Recently, the property owner contacted
Transportation Department personnel complaining of the deteriorating condition and appearance
of the boat ramp. As a result of these discussions, the owner has agreed to maintain the ramp
and indemnify the County from any claims or expenses arising from non-County use of the boat
r8mp in exchange for his right to use this canal access. This Agreement is non-assignable and
will not vacate any of the drainage easements on the property or limit the County's use of the
easements and boat ramp. The Agreement specifically prohibits use of the ramp by the general
public and is revocable at any time by either party.
r--
FISCAL IMP ACT: None.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDA TJON: That the Board of County Commissioners approves the attached
Agreement, and authorizes the Chairman to execute the Agreement on behalf of the County.
PREPARED BY: Jeffrey A. K.1atzkow, Assistant County Attorney
---
Agenda Item No. 16K6
July 26, 2005
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
16K6
Meeting Date
Recommendation that the Board approve, and authorize Its Chairman to execute, a
license Agreement to Use County Boat Ramp with the current owner of 4220 22nd Street
NE, Naples, Florida.
7/26/2005900:00 AM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
7/7/2005 1:44 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
7/8/200511:13 AM
Approved By
John Vliet
Roads Maintenance Superintendant
Date
Transportation Services
Road Maintenance
7111/20058:43 AM
Approved By
David C, Weigel
County Attorney
Oate
County Attorney
County Attorney Office
7/13/2005 1: 16 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
7/13/20051:41 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
7/15/20059:04 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
7/15/2005 12: 51 PM
,W
Agenda Item No, 16K6
July 26, 2005
Page 3 of 4
"-
LICENSE AGREEMENT TO USE COUNTY BOAT RAMP
THIS LICENSE AGREEMENT is entered into this day of
, 2005. by the Board of County Conunissioners of Collier County,
Florida, as the Governing Body of Collier County ("Coun~t.), located at 3301 Tamiami Trail
East, Naples, florida. 34112, and Carlos Garcia, 4220 22 Street NE, Naples, Florida 34120
("Licensee").
R E C I TAL s:
WHEREAS, Licensee is the owner of a parcel of land (the "Parcel"), described in O.R.
Book 3218, Page 2037, Tax LD. # 39662160003; and
WHEREAS, County is the owner of a drainage easement including and adjacent to a
canal, described in Plat Book 7, Page 62, which easement contains a Boat Ramp, located
adjacent to the Parcel; and
WHEREAS, Licensee has requested that he be allowed to maintain and use this Boat
Ramp, which County is willing to do provided that Licensee complies with the terms and
conditions of this License Agreement.
NOW, THEREFORE. in consideration of Ten Dollars ($10.00) and other good and
valuable consideration ex.changed 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 County does not
diminish or release any rights it currently has in this or in any other propeny_
2. Licensee is hereby given the right to use and maintain, at its sole cost and
expense, the Boat Ramp_ Use of the Boat Ramp shall be personal to Licensee; the Boat Ramp
may not be used by the general public. Maintenance shall be limited to keeping the Boat Ramp
in its current condition.
3. Licensee's use of the Boat Ramp shall at all times be subordinate to the use of
the Boat Ramp by the County, which County may use or remove at any time.
4. Throughout the course of this License Agreement, Licensee. and all successors
to Licensee's interests herein, hereby agree to indemnify and hold harmless the County, its
elected and appointed officers, employees and/or agents, from any and all claims and/or suits
whatsoever for damages to property and/or injuries to person, including death, and from all
judgments, court costs, attorney's fees, fees of ex pens and witnesses, and from all other costs
and/or related expenses arising out of non-County use of the Boat Ramp.
5. This license is not a right, but a privilege personal to Licensee and all successors
in Licensee's fee interest in the Parcel. This License Agreement is not assignable without the
express written approval of the County, which approval may be granted or withheld, with or
Page I
. .-, .. ..
.1
Agenda Item No, 16K6
July 26, 2005
Page 4 of 4
without cause. Either party may freely terminate this License Agreement 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. The County's right to terminate may be exercised by the County
Manager. in his or her sole discretion. Ucensee shall reimburse County for all costs incurred in
recording this license Agreement.
IN WITNESS WHEREOF. the undersigned has duly executed and delivered this
License Agreement on this ~ day of Jv n Go . 2005.
Attest:
DWIGlIT E. BROCK. Clerk
BOARD OF COUNI'Y COMMISSIONERS
COLLIER COUNTY. FLORIDA,
By:
By:
, Deputy Clerk
FRED W. COYlE, Chairman
(:2i.n ~~---
First Witness (signature)
PE"~tJ <f{~I{t.,"'A
(PrintIType name)
cJ2v~ II~
Second Witness (signature)
B~IIJJ. @RAJ<l./R.
(PrintIType name)
STATE OF FLORIDA
COUNTY OF COllIER
J(C:Qo~A.(I~ .I
CARLOS GARCIA
Signed and acknowledged on this ~~' day of JV ~- e...... , 2005, before me.J the
undersigned notary public, by CARLOS GARCIA, who is [ ] is personally known tomo:or [~.
produced D~'vf'.~< s ('~ as identification. .
Not c
Printed Name:
My Commission
JclIie DowIt-
. My CommiMion 0026'.1e
~ 0eaIrnbtr 71 Z007
Page 2
,.-
Agenda Item No, 17 A
July 26, 2005
Page 1 of 46
EXECUTIVE SUMMARY
PUDEX-2005-AR-7501: Section Thirty Corporation, LLC, owner of Livingston Lakes
PUD, represented by Dwight Nadeau, of RW A, Inc., requesting a two-year PUD extension
from February 23, 2004 (date the PUD sunsetted) to February 23, 2006. The subject
property, consisting of 46.73 acres, is located on the east side of Livingston Road,
approximately % of a mile south of Immokalee Road, in Section 30, Township 48 South,
Range 26 East, Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners consider a request for a two-year extension ofthe
development time limit of the Livingston Lakes PUD as well as ensuring that project is
consistent with all the applicable County regulations and to ensure that the community's interest
is maintained.
CONSIDERATIONS:
,-
Section 1O.02.l3.D of the Land Development Code (LDC) requires the PUD property owner to
submit an annual report outlining the progress of development one year from the date the PUD
zoning was adopted by the Board of County Commissioners, and every year thereafter based on
the anniversary of its adoption. For those PUD zoned projects approved prior to October 24,
2001, as the Livingston Lakes PUD was, if on the fifth year of their adoption the authorized
development bas not commenced to the thresholds established by the LDC, then the PUD is
"sunsetted, II which means no development approvals can be granted until the PUD is extended,
amended or rezoned. This procedure is commonly referred to as the sunsetting provision of the
LDC. The LDC allows PUD projects to be considered for up to two, 2-year extensions. This
project is seeking approval of one extension for a term of two years. That extension time would
allow the project to have an additional two years to develop under the auspices of the existing
PUD document.
The project was rezoned from the Rural Agriculture (A) Zoning District to Planned Unit
Development (PUD) on February 23, 1999 to allow for development of a maximum of 327
multi- family residential units, along with ancillary amenities and provide for preservation areas,
which is an overall density of 6.99 units per acre. The PUD provides separate tracts for
preservation, for a total of 10.3 acres.
The applicant states that the PUD sunsetted mainly due to permitting delays from the U.S. Army
Corps of Engineers (USACE) and South Florida Water Management District (SFWMD). The
applicant has pursued obtaining site plan approval from Collier County, which also requires the
permits from USACE and SFWMD. Utilities were not available until Livingston Road was
completed, and this caused additional delays for the applicant. Approval of the Site
Development Plan (SDP) is required for development of the site, but this approval cannot be
given without the PUD zoning in place.
--
Livingston Lakes PUD, PUDEX-2005-AR-7501
Page 1 of 4
Agenda Item No. 17A
July 26,2005
Page 2 of 46
Synopsis of Approved Land Uses:
The PUD document that was adopted as part of the previous rezoning approval (Ordinance
Number 1999-18) contains the list of uses approved for the project. For this extension request,
no changes are proposed to the PUD nor are any changes proposed to the Master Plan. No
changes can be made to a PUD as part of a request to extend the sunsetting date. The PUD, if
extended, would retain the approved development intensities that were granted in 2000; any
changes would require a separate amendment petition request.
This PUD is surrounded by several types ofland uses. The North Naples Regional Park is under
construction south of the Livingston Lakes PUD. Located to the east and north are PUDs
allowing residential, commercial and hoteVrnotel use. Pelican Marsh is located west across
Livingston Road.
Consistency with the CoBier County Growth Management Plan (GMP):
The subject property carries the Urban Designation, Urban-Mixed-Use District, on the Future
Land Use Map (PLUM) of the Growth Management Plan (GMP), and is within a residential
density band. The 1999 rezoning action was deemed consistent with the GMP; no changes are
proposed to the PUD document or the PUD Master Plan, therefore the PUD remains consistent
with the GMP.
The Urban-Mixed-Use District (as discussed within the Future Land Use Designation
Description section of the Future Land Use Element (FLUE)) contains the following language:
''This District, which represents approximately 116,000 acres, is intended to accommodate a
variety of residential and non-residential land uses, including mixed-use developments such as
Planned Unit Developments."
The Density Rating System permits a base density of four units per acre, and a density bonus of
three units per acre within the residential density band. No amendments have been made to this
PUD that would affect the approved density of 6.99 units per acre. However, the bonus used to
determine appropriate density for this project is slated to be removed from the Growth
Management Plan in the spring of 2006. Because of the original sunset date, granting a two-year
extension of the Livingston Lakes PUD would only extend the PUD until February 2006. Thus,
it will remain consistent with the GMP until it sunsets again. Any further extension would be
reevaluated for consistency at the time of application.
Consistency with the CoBier County Land Development Code (LDC):
,
Section 10.02.13.D. of the LDC requires the Board of County Commissioners to make formal
findings to support approval of a PUD extension request. Staff offers the following findings for
consideration by the Board of County Commissioners:
...-,
1. The PUD and the Master Plan are consistent with the current Growth Management Plan,
including, but not limited to, density, intensity and concurrency requirements (LDC
SI0.02.13.D.6.b.i..).
Livingston Lakes PUD, PUDEX-2005-AR-7501
Page 2 of4
Agenda Item No. 17A
July 26, 2005
Page 3 of 46
No changes have been adopted to the GMP that would make the previously approved PUD
inconsistent, therefore the PUD remains consistent with the GMP.
2. The approved development has not become incompatible with existing and proposed uses
in the surrounding area as the result of development approvals issued subsequent to the
original approval of the PUD zoning (LDC jJO.02.J 3.D.6,b.ii.); and
No changes have occurred in this area that raise compatibility issues. Subsequent to PUD
approval, construction of Livingston Road was completed. This has added capacity to the
existing road network, and residential and commercial growth continues in the area. The
North Naples Regional Park is also under construction. This will incorporate necessary
buffers to protect neighboring residential from potential impacts from park uses. The project
was deemed consistent with the overall Growth Management Plan, and therefore in
compliance with specific goals, objectives, and policies of that Plan that require compatible
development Therefore, the uses approved in this PUD remain compatible with proposed
uses in the area.
3. The approved development will not, by itself or in conjunction with other development,
place an unreasonable burden on essential public facilities (LDC j J 0.02. J 3.D. 6.b. iii.)s.
Public Utilities Division staff reviewed the petition and notes that the project is located
within the Collier County Water-Sewer District.
Environmental staff has the fo Bowing feedback regarding this petition:
"Selection of preserves is not consistent with today's GMP, however due to the fact that this
project has already been approved by County Environmental staff the extension may be
granted. If the current SDP-2002-AR-3114 under review (waiting for USACE pennits) is not
approved or is not built, County Environmental Services staff will require the preserves to be
in accordance with the current GMP. This would include requiring the largest most
contiguous highest quality preserve."
The Transportation Services Division staff reviewed the petition and found it to be m
compliance with current policy.
FISCAL IMP ACT:
Extension of the PUD will have no fiscal impact upon Collier County.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
PUD extensions are not heard by the CCPC.
LEGAL CONSIDERA nONS:
-
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
determination by the Board of County Commissioners (BCe) must be based. A summary of the
legal considerations and findings are noted below:
Livingston Lakes PUD, PUDEX-2005-AR-7501
Page 3 of 4
Agenda Item No. 17A
July 26, 2005
Page 4 of 46
. The proposed change has been deemed consistent with the goals, objectives, and policies
and Future Land Use Map and the applicable elements of the GMP.
. The proposed land uses are compatible with the existing land use pattern.
. The proposed change will not create or excessively increase traffic congestion or create
types of traffic deemed 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. This project has also been
deemed consistent with Policy 5.1 and 5.2 of the Traffic Element of the GMP.
. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private shall be provided.
STAFF RECOMMENDATION:
That the Board of County Commissioners approve the proposed two-year extension of the PUD
time limit until February 23, 2006.
PREPARED BY:
Heidi K. Williams, Principal Planner
Department of Zoning & Land Development Review
-
Livingston Lakes PUD, PUDEX-2005-AR-7501
Page 4 of4
Item Number
Item Summary
Meeting Date
Agenda Item No. 17 A
July 26, 2005
Page 5 of 46
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17A
This Item requires that all participants be sworn in and Ex Parte DIsclosure be provIded by
Commission members PUDEX~2QQ5.AR-7501. LMngston Lakes PUD; Section Thlny
Corporation, LLC. owner of1he Livingston Lakes PUD, represented by Dwight Nadeau. of
RWA. Inc., requesting a 2-year PUD Ex1ension from February 23. 2004 (date the pu~
sunsetled) to FebrUary 23.2006. The subject property, consisting of 46.73 acres, is located
on the east side of Livingston Road, approximately Y. of a mile sou!h of ImmokaJee Road.
in Section 30, Township 48 South, Range 26 East, Collier County, Florida
7!2612005 900:00 AM
Prepared By
Principal Planner
7;5/2005 6:30:1'a: AM
Heidi Williams
Community Development &.
Environmental Service!!.
DatI!
Zuuing & Land Oelle:loJlrnent RI~Yll!>w
Approved By
Executive Secrflt<Uy
Date
S;llldrolL('!;a
Community Development &
Environmental Ser'-lices.
Community Development &
Environmental Services Admin.
7.15/2005 8:3B AM
Constance A. Johnson
DatE'
Approyed By
Community Duvelopment &
En"itunmE'nt.~1 Sf?rVic.I~':i
Operations. AnalY$t
Community DeYl!lopmenl &
Env.ronmental Serllices Admin.
7/5120059:15 AM
Donald l. Scott
Transportation Planning Director
Date
Approyed By
Tt..n$port.~tion Sp.rvi~es
TtOlns;portatioT' Pl,ltIuin!l
7f5120051:25 PM
NI>rm E. F~dle'r, AICP
Tram.pm1atiofl Divis.ion Administmtor
Dab!
Approyed By
Transportation Sl!'rvices
Transportation Services Admin.
7JB/200S 11:5) AM
Ray Belli).....!.
Chiet PllInner
Date
Approved By
Commllnity Development &
En\lironmental Services
Zoning & land Duvelopnulnt ReviQw
7t11l200S 1:01 PM
Susan Murray, AICP
Zoning & Land Oel/~Iopment Director
Dat{!-
Approved By
ComlYlUnity DI~v4~lopme"t &
EnvinJtltnflntal SI~rvir.I~!.
Zoning & land Development Review
7i11t2005 <4:10 PM
Approved By
Assistant County Attorney
Date
Patrick G. White
COLlnty Attomp.y
Coont., Attomey Offi&e
7.112/20051:51 PM
Joseph K. Schmitt
DatE'
Approved By
Community Development &
Environmental Services
Community Oe\lttlopmlmt.\
Environnumtal Serl/ices Allrninstmtor
Community Development &
El1l1jronm'l'tlltal Ser\lices Admin.
7/131200512:42 PM
OMS Coordlnalor
Adminu.trative ASli.istant
Date
Approved By
County M2Inaqr.r's Offi(;r.
OHice of Manauetnt:nt & Budget
7i13/2005 1 :35 PM
Mark Isackson
Budget Analyst
Date
Approved By
County Manager's Ottice
Office of Manaidument 8. Budget
7;13/20053:53 PM
Approved By
J<lml~S V. Mudd
Board of County
Commissioners
County Milna!J~r
D,lte
Cuunty Manager's Office
7/15/20052:10 PM
,.
!
Agenda Item No, 17 A
July 26, 2005
Page 6 of 46
.'
ORDINANCE NO. 99-18
~
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C\6~'" ~
o\~
~.-- ~
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 "~ ~ ;:",\
COllIER COUNTY LAND DEVELOPMENT CODE WHICH ';;:;..1~~ 1:0 ~..:.,
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS Efllf-_ ~ '
THE UNINCORPORATED AREA OF COLLIER COUNTY, FLOR~ -'0 ;:\
BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBE~.~', ~ ~;
8630N; BY CHANGING THE ZONING CLASSIFICATION OF -.-r....c:\ ~
THE HEREIN DESCRIBED REAL PROPERTY FROM ~A" RURAt;S, ~
AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT \\~" tr'
KNOWN AS LIVINGSTON LAKES FOR A MAXIMUM OF 327 v
MULTI-FAMILY DWELLING UNITS, LOCATED ON THE
PROPOSED LIVINGSTON ROAD BETWEEN VANDERBILT BEACH
ROAD AND IMHOKALEE ROAD (C.R. 846) IN SECTION 30,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 46.73:t ACRES, AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Dwight Nadeau of MeAnly Engineering & Design, Inc.,
representing Section Thirty Corporation, L.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 County, Florida:
SECTION ONE:
The zoning classification of the herein described real
property located in Section 30.. Township 48 South.. Range 26 East,
Collier County, Florida, is changed from ~A" Rural Agriculture to
"PUD" Planned Unit Development in accordance with the Livingston
Lakes PUD Document.. attached hereto as Exhibit "A" and
incorporated by reference herein. The Official Zoning Atlas Hap
Number 8630N, as described in Ordinance Number 91-102, the
Collier County Land Development Code, is hereby amended
accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the
Department of State.
PUDEX-200S-AR-7501
PROJECT # 19990123
DATE: 4121105
HEIDI WILLIAMS
-1-
Agenda Item No. 17 A
July 26, 2005
Page 7 of 4e
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this~3re: day of _'h:'b...-4).-
1999.
.-
,~,' . .
~ ';.., f. ....~.. v'i .~
~.E;"'.~";'
. " <:"
','" -~
r-," ". ~,UC.
.. DWIGHT E. BROCK,:,' Clerk
~AtUst IS to .00Ltrmin-"s
-; ~1.O'1atcr'E Ci-aI"':<' . 0, ",,'
.1"... . \ ,<. '. . .
'Aptltcived' ;.a's to Form
arid Legal Sufficiency
~~'"l1'\. Po~~hJ
Marj ie M. Student
Assistant County Attorney
g/POD-'B-18 aaDlKAKCEI
-
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
This orci,ncn':"~ p'.~ I ,,'';'.~~. 't.
~fi:'C~Q=1" rf ~~,:.::.'-. :....:;,:. ':.:'
L_ r,,':.f~,'~~ ..
,.:""1':' "; ~-" ,,: _":' ',"... ~
,,:"', ......' ",:~-""'Y
Of~
(' ).. :J.=~' .:~' :.i-UA
-2-
irwoman
---
LIVINGSTON LAKES
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING UVlNGSTON LAKES,
A PLANNED UNIT DEVELOPMENT PURSUANT TO
PROVISIONS OF TIlE COI.lJER COUNTY
LAND DEVELOPMENT CODE
PREPARED FOR:
SECTION THIRTY CORPORATION L.L.C.
c/o 600 FIFTH AVENUE SOUTH, SUITE 207
NAPLES, FLORIDA 34]02
PREPARED BY:
McANL Y ENGINEERlNG AND DESIGN, INC.
510] EAST TAMIAMI TRAIL, STE. 202
NAPLES, FLORIDA 34]]3
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
2/4199
2f1.3199
99-18
Exbibit "A'"
Agenda Item No. 17 A
July 26, 2005
Page 8 of 46
Agenda Item No. 17A
July 26, 2005
Page 9 of 46
. TABLE OF CONTENTS
List ofExluDits and Tables
Statement ofCompliancc
ii
SectiOn I Legal Description, Property 0wDcnbip and Gcucral Description 1-1
Section D Project Developmell1 ll-l
Section m Residential Devclopmeat Stmdards . ill-I
Scc:tion IV Prcscrvc Area IV-I
Section V Development Commit1t'''''lV' V-I
Agenda Item No. 17 A
July 26, 2005
Page 1.0 of 46
LIST OF EXHmlTS AND TABLES
EXffiBIT A
PUD MASTER PLAN
Agenda Item No. 17 A
July 26,2005
Page 11 of 46
STATEMENT OF COMPLIANCE
The development of approximately 46.73 IICrCS of property in Collier County as a P1amIed Unit
Development to be known as Livingston Lakes will be in compUaiu:e with the golls, ot:!iectives and
policies of Collier County as set forth in the Growth Manqeml:Ilt Plan. The residential and
recreational facilities of Livingston Lakes PUD are coDSistal1 with the growth policies, land
development rcgulatious, and IIpplicable comprebeDsiYe plamling objectives of each of the e1emeuts
of the Growth Manasement Plan for the foUowilll reasous:
1. The subject property for dcvclopmcl1t is within the Urll8II. Mba:d Use DistrictIUrbm
Residential Subdistrict as identi1icd on the Future LaDd UIIC Map as provided for in
objective 1 of the Future Land UIe B1cmcnt (FLUE), and the UICS coDtCDlpiRC arc
consistcDt tberewith. .
2.
The project is a propolCd to be a muIli-tiImily n:sidenn.' cleveloplDlllDt Ioc8icd - tbID 011II:
mile from, a desipated ln1c:rcbamp Activity Cemcr (Activity Cc:::Ilm: ## 4). The Density
RatiDg System of the FLUB provides for a 3 dweDiDg unit per gross acre density bonus
wbez1 a proposcd project is within one mile of an Activity Cemer. This dcIlsity bonus of 3
dwclli1ig units per gross acre added to the bese dtmsity of 4 dwelliug units per groBS acre
provides for a gross project density of 7 dwcIIiDg units per ld'C. The proposed dc:nsity of
Livingston Lakes PUD is 6.99 UDits per gross acre, wbich is less tban what is provided for
by the FLUE Density RatiDg System, and is therefore coDsistcnt with the FublIc!.aDd Use
Elemcm. Policy S .1. of the Collier CoUDly Growth Managcmcat Plan.
3. The devdopmtllt will be compaUble with aDd complemc:atary to existing aDd plaaDtd
surrounding land UBc:S.
l~
4. The developall'Dt of Livinpton Lakes PUn will result in an efficicDt and ecoDOmical
extension of community facilities and IICI'Vices as required in Policiei 3.l.H aDd L oftbe
Future Land Use Element.
5. LMIlptOU Lakes PUD is coDSiltc:Dt with aud tUrtbcn Policy 5.S of the Future LaocI Use
Element in that it is using existing iBDd ZO.DCd for urllen uses.
6. Livingston Lakes PUD implements Policy 5.6 of the Future Land Use Element in that more
than 60% oftbe project will be open IIpICe or reaerved for couervation purpollCS.
7. The Mastet Dcve10pDllllli PiIID, with ita exlcDIIive uaturBl area. lakes IUId open sPace eras,
IUId with its moderate mUd....f"" clenaity, will insure that the developed project win be an
attractive and .yable muhi-fiunily residential development.
i
Agenda Item No, 17A
July 26, 2005
Page 12 of 46
SECTION I
PROPERTY OWNERSHIP AND DESCIUPTlON
1.1 PURPOSE
The purpose of this Section is to set furth the lOcation and owuersbip oftbc property, lUId
to describe the existing conditiollS of the property propo&ed to be developed UDdar the
project name of Livingston Lakes PUD.
1.1 LEGAL DESCRIPTION
A percel ofbmd lying in the northeast quarter of Section 30, Township 48 South, Raqe 26
East, 'Collier CoUDty, Florida, aDd more pertjcularly described as follows:
The West Half of the Soutbeut Quarter of the Northwest Quuter of Section 30;
and,
The East Half of the Southwest Quarter of the Northwest Quarter of Section 30;
and,
The South half of the South Half of the Northwest quarter of the Southwest Quarter
. oftbe Northwest Quarter of Section 30;
and, '.
The Northwest Quarter of the Southwest Quarter of the Southwest Quarter of the
Nortliwest Quarter of Section 30;
and. '.
The North Halfoftbe Northeast Quarter of the SoulhWUlt Querter ofthc Southwest
Quarter of the Northwest Quarter of Section 30.
Said parcel containing 46.73 BCreS, more or less, ~ to easements, restrictions,
aDd reservations of record.
1.3 PRO,PER'.rY OWNERSHIP
The subject property is owoed by Section Thirty CoIpomjon L..L.C., a Nevis Corporuion.
1.4 PHYSICAL DESCRIPTION
The developmcllt property is located in the north half of Section 30, ToWDSbip 48 South.
Range 26 But. The proposed project site is presently undeveloped. but has been
historically timbered and utilized fur ,cattle grazing. Ponioos of the property have been
su~ to wildfire, IIDd the DI8jority of the property's jurisdictional wetlands hlM: been
exlensMly inbted with the exotic species Melakuca. The property is gcucraDy without
topograpbic relief; with elevations I1IDIiD8 from 8.2. to 10.8' above mean 1ea}eveL. The
site colltllios cxlcDsivc areas of jurisctictional wetlands which are c:benctcrizcd as
ttansitional wetlands in which the predominlIDt 'vesetation is MeIa1euca, with a mix of pine
IUId Cypress and R"lOCiPted upllmd IUId weUrmd plams. The water IDIlIIapDIeDl ByItem
consists of approximatelyl0.3 acrea of upIeDd IUId wetland preIOrVC IIIld 12.6 :i: acres of
opc::n spece wIDcb will rcc:eive nmoff from the buiI.dinas aDd perldDg IIl'eIIL Runoff is
collected by catch basins and cuNert symms fOr conveymce to the lakcs. The lakes are
intercoimccted by culw:rts and/or the preIer\Ie areas. The project is desiped with Zero
discharge:
1-1
Agenda Item No. 17 A
July 26, 2005
Page 130f 46
I.! PROJECT DESCRIPTION
The Livingston Lakes PUD sbalI be a multi.family nsic:l""";a1 developmr:ot centered around
a water lIllIDagemet1t lake system. The lIDleDilies proposed to be provided in the project
include structures and areas to provide llOCial and rccrcatioDal apace, lakes, D8tUral IUJd
landscaped open spaces, and a variety of passive and active recreatioJl8l opportunities,
Access to the property Win be from the proposed Livingston Road. The sclJ!lCDt of
Livingston Road between Vanderbih Bcach Road and 1mmokaJec Road is plarmecl to be
improved with a four lane divided roadway programmed to be completed in 2003 (Capital
Road Project #57). The timing of tile completion of that segment of LiviDgston Road will
coincide with the anticipated completion oftbc required permittina proccssea DrlCCSUl)' fur
Livingston Lakes PUD to COIDlDlUle construction. Should boWlMlf, the developer
acce1eratc the permitting of tile project, or programming fur construction of that ICgmCDt of
Livingston Road be postpoDed, tile ckM:lopcr reserves the right to coastruct a DOrtberly
18QO..2000 foot Iqth oftwo._ roadway, consistent with the County's design criteria fur
such a lXlllector roadway, iDc1uding road, water. sewer and drainage &cilities. Should this
option actu8lly be pursued. tile devdopcr will JlUI'lIUC impect fee credits as provided tor in
Collier County 0rdinaDccs 92-22, lIDd 9&-69.
Each resideatial unit will be served with ceatraDy provided potalHD water, IlIIlitary 1CMeI',
clectricpowcr, and telephone. AdditioJl8lIelVices will be provided IS dccmal appropriate.
1-
The controlled perimeter oftbe water ID8IlaplIDCI1t I)'Item will be ~m..o at III elevation
of 13.40' NOVO to detain all sudiJ.cc 1'UDOff on-site. This is baed on the 2S-year. 3-day
flood elevation with zero dischBrge of 13.36' NOVO. The lOO-yalr. 3-day storm elevation
was dctcnDined to be 13.68' NOVO with zero discblqe. All babilBbIe dwelling structures
will have proposed finished 8o0r e1evatioas at or above 13.70' NOVD.
1.6
SHORT TITLE
This OrdiDlm:c ahall be known and cited lIS the "LiviD(!stoD Lakes Planni:d Unit
Development Ordinance".
1-2
Agenda Item No, 17A
July 26, 2005
Page 14 of 46
SECl'ION n
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate IUd generally describe tile project pllIII of
development, relationships to appliCllble County Ordinances, the respective land uses of the
Livingston Lakes PUD development. u wdlu other project relationships.
U GENERAL
A. ReguJations for development of Livingston Lakes PUD sbIIl be in 1ICCOI'liII1ce' with
the contents of this document, PUD-PWmed Unit Developmem District and other
applicable sections and parts of the Collier' Cowrty Land DcveIopmeDl Code ad
Growtb Manapnen1 Plan in effect at the time of buildiug pennit apptication.
Where tbeIe regulations &i1 to provide dcveI.oplllClltalltllDdarda. then the provisions
of tile most similar district in the County Land Development Code sha11 apply.
B. Unless otherwise noted, the definitions of an terms shall be the SlIDIC u the
definitions Bet forth in the Collier County LIDd Development Code in effect at the
time of building permit application.
C.
AD conditions imposed and an graphic material pn:semed depicting restrictions fur
the developmeat of Livingston Lakes PUD shall become part of the regulations
which govern the manner in which the PUD site may be developed.
',-
D. Unless modified, waived OJ" excepted by this PUD, the provisiOllS of other sections
of the Land Development Code, where applicable, remain in full force and effect
with respect to the development of the land which COmprilCS this PUD.
E. Development permitted by the approv.:I of this petition wiD be subject to a
concurrency review UDder the provisions of Division 3.1 S. Adequate Public
Facilities, of the County Lend Development Code, at the eul.iest or next to occur of
either Final Site Development Plan. Filial Plat approval, or bui1ding permit issuance
applicable to this development.
F. The County plans a regional park along the south bouncWy oftbe Livingston Lakes
PUD.
1.3 DESCRIPTION OF PROJECI' PLAN AND LAND USE TRACl'S
A. The project Muter Plan, including layout of streets and use of land is illustrated
graphically by ExIu'bit "A", PUD Master Plan.
TABLE I
PROBer LAND USE TRACI'S
TRACT "R"
me
RESIDENTIAL
UNITS/SO IT.
327
ACREAGE:r
36.4
TRACT'r
PRESERVE
o
10.3
n-1
Agenda Item No, 17 A
July 26, 2005
Page 15 of 46
B. Areas illustrated as lakes by E.xbibit "A" shall be coDStruCtcd as lakes or, upon
approval, pans tbcn:of may be collSl:J'UCted as sbaIIow, iDtc:nnittcDt wet lIIId dry
, depressions for water retention purposes. Such an:aa, lakes lIDd iDtermiUcnt wet
',' aud dry areas shall be in the IllIIIIC gCDC::ral configuration and contain the sun&:
ScnCral acrease as shown by Exhibit "A". Minor modification to all tract.s.lakes or
other boundaries may be permitted at the time of Filial Plat or Site Development
Plan approval, subject to the provisions of Sections 3.2.6.3.5. and 2.7.3.5.
respectively. of the Collier County Land Development Code, or as otherwise
permitted by this PUD document.
C. . In addition to the various areas IDd specific items shown on Exhibit fAA", such
eIIsemm1, as accessary (utility, private. semi-private) shall be established within or
, along the various tracts as may be necessary.
j
1.4 MAXIMUM PROJECT DENSITY
A DllLYimllm of 327 ~t;..1 dwel1iDa UDits 1111)' be constructed in the total project area.
The gross project IIJ'Cl1 is approximately 46.73 aCres. The gross project deasity, tben:fore.
will be a IIIII.Ximum of 6.99 dwel1iDa units per acre.
1.5 PROJECT PLAN APPROVAL REQUIREMENTS
Given.that Livingston Lakes PUD is proposed to be developed with muhi-family dwelling
structures, 'subdivision is not lIDlicipated. oor required hued on the present development
intent, Should the development intent chanac such that subdivision procedures are required
pursuant to the Collier County Land Development Code (LDC), the provisions of Division
3.2. of the LDC sball apply.
A. Prior to Final Local Dew:lopmc:at Order issuance fur all or part of the PUn, tiDal
plans of all required improvements shall receive approval of the appropriate Collier
County sovemmental agency to insure compliance with the PUD Master Plan and
" the Collier County Land Development Code.
B. Exhibit "A", PUD Master PIm, constitutes the required PUD ~ Plan.
Any.division of property and the dcveIopmeot of the land shall be in compliance
with Division 3.2 ofthe Colla Coumy Laod Development Code, and the platting
laws of tile State of Florida. .
C. The provisions of Division 3.3 of the Collier County Laod Development Code. when
applicable. shall apply to the development of all platted tracts, or plII'CCls of !aDd as
provided in said. Division prior to the isSUIIICe of a buildins permit or other
development order. '
D. Appropriate instrumc:ats will be provided at the time ofin&astructura1 improw:ments
reslll'dina any dedicatiom 8Ild methods fur providins perpetual maiDtcnance of
common filcilities.
1.6 LAKE SETBACK AND EXCAVATIONS
The lake IICtbeck requin:meuts described in Section 3.5.7.1 of the Laud Dcveiopmeat Code
may be reduced with the ~ approval of the Collier Coumy Community
De\telopmrm lUId EnviroDJDCDtal Servicca AcI.ministntor. or his dcsigncc. Lakes may be
excavated to the maximum commercial excavation depths set furth in Sec:tion 3.5.7.3.1. of
the Lam!. Development Code, however, removal offill from LMnpton Lakes PUD Ibal1 be
limited to an amount up to ten perccm (10%) (to a awrftmnn 20,000 cubic yards), ofthc
total volume excavated unless a commercial excavation permit is received.
n-2
Agenda Item No, 17 A
July 26, 2005
Page 16 of 46
2.7 USE OF DRIVEWAYS
All iDtcrna1 vehicular acccssways as shown on Exbt"bit "A", PUD Master Plan, shall be
considered driveways, and shall be private.
2.8 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Chmges aDd amendments may be IDIdc to this PUD <>rclinImcc or PUD Master
Development Plan, Exhibit "A". as provided fur in Section 2.7.3.5. of the Collier CoUDty
Lad Development Code. MiDor cbmgcs IIIICl ~ IS described in Section 7.3.C. of
this PUD doewnent may be made in collDClCtion with any type of development or permit
application required by the Collier County Land Deve10plllCDl Code.
1.9 DEDIC:;:ATlON AND MAINTENANCE OF COMMON AREAS Ie FACILITIES
ElL........... lIba11 be provided for water ~ an:aa. riabts-of..way, utilities aud-otbar
purposes IS required. AD DeCCSSlIlY -"17"",n, dedications, or other instrumeIIIs sbaU be
gnmled to' insure the cOntinued operation aod .....mt_ of all scrvice utilities in
compliance with applicable regulations in effect lit the time of Mloplion of this Ordinaocc
establishing Livingston Lakes PUD.
Wbenewr the developer elects to create bmd area aDdIor recrcldion ....-.it.... wbollC
ownership IUId maintcoaDce rcspoDSibility is a common interest to an of the subseqUCDt
purchasers of residential units or real property within Livingston Lakes PUD, the developer
sbaIl provide appropriate legal instruments fur the establisbment of . Property Owners'
AslIociation. or Master Condominium AJsociation, whose fimction IIba1l include provision
fur the perpetual care IIIICl mainteoancc: of an common fBcilities m:l open space. subject
fUrther to the provisions of Section 2.2.20.3.1. of the Collier County l.aDd Development
Code.
2.10 MODEL AND SALES FACILITIES
Models, saIesIrental CCIIterS m:l other _1IIICl structures n:I8ted to the promotion aod sale
aDdIor rental of real estllle such as. but DOt limitod to, pavilions, viewing platfimns,
gazebos, parking areas, IIIICl signs, sI:d be pennit1cd principal 1IIeS throughout the
LivingstOn Lakes PUD subject to the requircmaIls of Division 2.4, Division 2.5, IIIICl
Section 2.6.33.4. of tile Collier County L8Dd Developmr:nt Code.
1.11 FILL STORAGE
Fill storage is generally pemlittcd IS a priDcipel \DC throughout the Livingston Lakes PUD.
Fill materia1. geuerated may be stockpilcd within areas d~rted fur rcsideDtial
development. Prior to stockpiling in these kleations, a Letter of Notification Idona with
plans sbowing the locations and cross-sections sha1l be submitted to Collier County
EDgiJJcering Review Sc:rviccs filr review and approval. The fullowing staJldards shall apply:
A. Stockpile maximum side slope: 3:1
B. Stockpile "..,m...m height: thirty-five (35) tiel
C FiIllltorqe arcu shall be ICreIlDIld with a 8llCUrity feoce lit k:ut six (6) fu:t in height
IIbove around level If fill is IIpl'ClId to a beigh11ess tba fO~ fu:t over ~I
development areas which lire depicted on an approwd. Site DewIopment Plan, DO
fencing is required.
n-3
Agenda Item No. 17 A
July 26, 2005
Page 17 of 46
D. 'Soil erosion control shall be provided in accordance with Division 3.7 oftbl: Land
Development Code, and stoCkpiliag retaiDed fur periods greater than 90 days be
seeded with grass.. If fill is spread to a hciaht less than four feet over residential
development areas which are depicted on an approved Site Development Plan,
erosion control is required. but 110 seeding with gmss is required.
E.Fill storage shall not be permitted in Preserve Areas.
2.1% REQUIRED ENVIRONMENTAL PERMI1TING
Where the development of land within Lmnsston Lakes PUD requires a permit from a
local, state. or Federal agency . with jurisdiction over the property proposed fur
development, the developer shall obtain such permits prior to final development order
approval.
2.13 NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to Policy 6.4.6 of the CoDBCrVBtion and Coutal Managc:mcot Elemm:It of the
Cottier County Growth Management P\m, a minimum of 10.3 acres (25% of the viable,
aatura11Y t\mctioning native vegetation on site) is"required to be retained.
2.14 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE
1-
Pursuant to Subsection 2.7.3.3. oftbc Land DevcloplPCllt Code. upon adoption of tile PUD
0rdinaDce and attendant PUD Master Plan, the provisions of the PUD doc:umeal become a
part of the LIIDd Development Code, IIDd shaD be the stendards of developmr:at tOr the
PUD. 'Ibax:cforth, development in the area deliDcated as the PUD District on tbc Official
Zoniog Atlas will be governed by the adopted development regulations and PUD Master
Plan.
n-4
Agenda Item No. 17 A
July 26, 2005
Page 18 of 46
SECTION m
RESIDENTIAL DEVEWPMENT
3.1 PURPOSE
The purpose of this Section is to identify sPecific devdopmelll stand8rds for Ire8S
c:t.....rted lIS Tract "R" on the PUD Masta: PIlm, Exhibit 'W'.
3.2 MAXIMUM DWELLING UNITS
The IDlIXiDun number of residerltial dwe1lillg units allowed within the PUD shill be
estabIisbed at the time of development plan review, but sba1l not ex&:eed 327 dwelling mils.
3.3 USES PERMITTED
No building or structUre, or part tbcrcof, sbaD be crr:cted, aItaed or used, or laud UlIed, in
wbolr: or in part, for other than the followiDg:
A. Principal UKS:
1) Muhi-family dweUinp.
2) Model units (See Section 2.10 of this PUD Document).
B. Accessory Uses:
1) Customary IICCelISOry UIeS aod structures Rh~iJ\g but not limited to private
garages, tennis facilities, aod swimming JIOols with or without SCfeeiJcd
enclosures.
2) Structures which bouae 1Ocial, ...c.eatio.lal, project IDIIkcting.
administrative, or security facilities.
3) Small doc:b, piers or other such facilities CoII5trUCtI:d for purposes of lake
recreation, for residents of the project.
4) Utility facilities md/or ClIIIeIDI!ds (iDcludiDg ripts-of-way e"~ll).
5) Signage (see Section 5..11 of this document).
6) Water IIIBIIIgemcnt lBciHticsIIakes
7) Project lIlIlesJftDtaJ. aod ""...;...."""tdi..e otlicea, which, may occ:u: in a
residential or reae.uoaal buiIdirfa lIIIdIor in a temporary buiIdins UDIil auch
time as permIIlleDt structures an: aVBUabk.
ID-l
Agenda Item No. 17 A
July 26,2005
Page 19 of 46
3.4 DEVELOPMENT STANDARDS
A. GENERAL: Except as provided fur herein. all criteria set forth below shall be
understood to be in n:Iation to the POO property boundaries, individual parcel
bouodaty tines, or between 1It1'UCtlIreS. CondomiDiumlhomeowners' association
boundarics shall not be utilized for determining development standards.
B. MINIMUM LOT AREA: One acre.
c. AVERAGE LOT WIDTH: 150 teet.
D. MINIMUM YARDS (PriDcipeJ Structun:s):
Front Yard: 35 filet.
Side Yard: 15 feet.
Rear Yard: 30 feet.
Minimum Distaoa: BetWCICD Structun:s: 15 feet, or one-half of the sum of the
heights of adjacent buildinp, measured from extc:rior walls, wbicbew:r is
greater.
E. MINIMUM YARDS (Accessory Structui'es):
Front Yard: Same as principal structure.
Side Yard: Same as principal structure.
Rear Yard: Detached: 20 feet.
Attacbcd: ] 0 feet. or wbc:rc adjec:cnt to a Iakc, 0 feet from the lake
control elcvation.
Minimum Distance Between Structures: ]0 feet. Parking IBr8lCS IIIId\or
carpons must maintain a minimum distance of 10 feet from principal stIuctu.res,
when not attached to the principal structure.
F. MINIMUM FLOOR AREA: 750 squaretilet..
G. OFF-STREET PARKING AND LOADING REQt1IRE:MENTS
As required by Division 2.3 of the Collier County Laud Development Code in effect
at the time of building permit application.
H. MAXIMUM HEIGHT: 3 habitable stories abo~ the minimum flood elevation.
1) Accessory Structures: 35 ilc:t, or 2 stories, wbicbcvcr is grater, abo~ the
minimum flood c:1cvation, except for attached scn:cn enclosures, which
I18Y be the bcigbt of the principal structure.
3.4 BUFFER DEVELOPMENT REGULATIONS
A. Bufrr:r Types:
]) Land UlIe buffi:Is sb8Il be e8ICIIIIeIltJ. aeuciraDy located alDlII the project's
pc:rimeter, iDtendecl to protect reti!J-",1 IIIIld UICI from poaible np.cu from
adjIICCIIt oir-site roadways aadlor oir-site laad WIllS. I..uxI UIIC bufin may also
be utilized within the project boUDdaries, at the diacretion of the developer.
Land use bufI'ers may be I.,,"....ape bufti:rs and. or earthen berms and/or
fenceslwalls. .
m-2 ~
Agenda Item No. 17A
July 26, 2005
Pag~ 20 of 46
2) Landscape bufI'er. exDting native plant types may be uti1ized and/or;
3) Eartnen berms and/or;
4) Fencesl~: 8 foot maximum height.
B. Buffer Development Standards:
In addition to the development stmdanls set furth below. the provisions of Section
5.11 of this document sball also IIpply.
1) Land use buffers, berms. timces and walls may be constructed along the
perimeter of the Livingston likes PUD boundary prior to Subdivision Platting
(if required), aDd Site Dew:lopmelll PIrm submittal. All such areas IDJSt be
included in a landscape or buffer ---.nt
2) All other project property bou1KiBrics sba11 haw Iud \lie bufi:r ~ in
compliance with Division 2.4 &om Collier County's Laod DeYelopment Code.
3) Except as provided for above. and in Section 5.11 of this documc:ul. bI:dfer
improverntms shall be in coaformance with Division 2.4 from Collier County's
Land Development Code.
4) Types and numbers of pbmtiDgs fur project perimeter !aDd use buffi:rs 8ha1l be
submitted with Site Development Planllpplication(s). Plans sba11 depict how the
perimeter land use buffers will be irrigated.
ill-3
Agenda Item No, 17A
July 26, 2005
Page 21 of 46
SECTION IV
PRESERVE AREA
4.1 PURPOSE
The purpose of this Section is to _ furth the dew:lopment plan for areas dcsigDated as
Tract "P", Preserve Area on Exhibit "A", PUD Master Pa. The primary function and
purpose of this Tract is to preserve and protectvegctation and naturally functioning
habitats, such as wetlands. in their IlIItunl.I state.
4.2 USES PERMITI'ED
No building or structure or part thereof; sbaIl be cn:cted 8Itcrcd or used. or IaDd UIICd, in
whole or in part, for other than the fOUowiDg, subject to regioDAl, SUIle and Federal permits,
when required:
A. Principal Uses:
1) Open spaccslNature preeerves.
2) Water II'IIIDBgCIIII: filciIities.
3) Mitigation areas..
4) Hiking trails, boll'dwalks, sbe1ters., or other such fIIcilities constructod fur the
pmposes of passage through or C!\ioyment of the site's natural attributes,
subject to appropriate approval by permitting ascneies..
IV-1
Agenda Item No. 17 A
July 2.6, 2005
Page 22 of 46
SECTION V
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the development COl,,",;h.~ for the
development of the project.
5.2 GENERAL
All fiIcilities shaI1 be conStructed in strict lICCOrdaDce with Final Site DcveIopmeDt Plans,
Final Subdivision Plans (if required), IDd all applicable State and local laws, codes. and
n:gulations applicable to this POO. Except where: spccificaUy DOted or stated otbcrwilc, the
standards and specifications of the Land Development Code of Division 3.2 shall apply to
this project even if the bmd within the POO is not to be platted. The devcloper,bis
successor lIIId assigns shall be n:spoDsible fur the commitments outlined in this doc:mncnt.
The deVeloper. his successar or assip=, sbaI1 tbllow the Muter Dr:ve1opmeD1 PlIn BOd the
regulatioDS of the POO as adopted. aDd aay other conditioDII or modifications IS may be
agreed to in the rezoning of the property. In addition, any IUCCCSSOr or assigDee in title to
the developer is bound by aay co......itn..nts within this, agreemcut. These cC...u..:I..~..
may be assigned or delegated to a coudomiDium/ homeowners' association to be created by
the Developer. Upon assigDmeol or deleption, the ~Ioper shall be n:1e8sed from
responsibility for the commitments.
5.3 POO MASTER DEVELOPMENT PLAN
A. Exhibit '~A". PUD Master Plan illustrates the proposed development aud is
conceptual in nature. Proposed trlIct, prucel, or land use boundaries, or spccialland
use boundaries sball DOt be coDStrued to be final, and may be varied at any time at
any subsequent approval pbaae such as fiIIll pIattiDg or site dew:lopmeal plan
application. Subject to the provisions of Section 2.7.3.5 of the Land Development
Code, amendments may be made from time to time.
B. All ncceswy eucm::n1s. ~DI, or other instruments sba11 be granted to insure
the continued operation and DllliDtenance of all services and all COmrDDD areas in the
project.
C. The Community Development md EnviroDlllental Services ~4tor, or his
designee, shall be autbori2Ied to approve minot changes and n:m....n..ntll to the
Livinpton Lakes PUD Master Plan upon writtcnrcquest oftbc ~per.
I) The tbllowing limitations shall apply to such requests:
a. The minor c:haDge or n:fiDement sball be consistent with the Collier
County Growth Managemem Plan and the Livingston Lakes PUP
docum::ut.
b. The minor c:bInp Dr .e6.-4eDt sball DOt c:ollStitute a ~1 cbanF
pursuant to Subsection 2.73.S.1. of the Collier .County Land
Devt:lopmcnt Code.
V-I
Agenda Item No. 17 A
July 26, 2005
Page 2,3 of 46
c. The minor cbanp or lefiDancm shall be compatible with adjaceat land
uses, IIIId shall IIOt ClUte detrimental impacts to abutting land uses.
water management facilities, and Preserve Areas within, or external to
the PUD boundaries.
2) The following sbIll be ccmside:red minor cbaDps or Ic6.~Dts. SI1bjcct to
the limitations of Subsection 7.3.C.I) ofthis document:
a. Reconfigunation of Preserve Areas, jurisdictional wetlaDd limits, and
mitigation features u a result of regulatory agency review and
permitting. There may be DO overall decreuc in Preserve Area.
b. ReconfigundioD of Jakes or otber \Wter ~ Dcilities wbe:n:
such cbaDges an: consistem with the cdc:ria of the South Florida Water
Management District and Collier County.
c. Internal realignmcat of driveways.
d. Reconfiauration of rcsideatial parcels wben there is DO proposc:d
CDCrOBCImlent into Pre8erYe Areas..
3) Minor changes and rciinem-t., u described above, sha1I be reviewed by
appropriate County staff to ensure comp1iaDce with all app1icablc County
Ordinances and regulations prior to the Administrator's coDSidenltion for
approval.
4) Approval by the ~1I1or of a minor c:hBnge or refin.cmcat may occur
indepeDdeDtly from aad prior to lIDY application fur Subdivision (if required),
or Site Development Plan approval. bowewr, the Administrator, or his
designee's approval shall not constitute an authorization for developm:ot or
implementation of tbc minor cbansc or rcfk~ withollt firlIt obtaining an
applicable.County permits aad approvals.
5." SCHEDULE OF DEVELOPMENTIMONITORJNG REPORT AND SUNSET
PROVISION
A. This PUD is sul:!iect to the SUDSet ProWious of Section 2.7.3.4 of the Land
Developmc:nt Code.
B. An IIIIIlUai PUD monitoring report sba1l be su1:mitted pursua:ol to Section 2.7.3.6 of
the Land Development Code.
S.! TRANSPORTATION
The dcve\opm=Dt of this PUD Muter ~ Plan shall be subject to IDd gCM:nlCd
by the following conditions:
A. A SatehoUllCl\imitcd access iIciIity IIb8B be permitted within the project'. main
entraDcc areas, but sbI1l DOt be loaded 10 U to impede traffic flow DD Liviapton
Road, DOr abaU such facilitiel be.1oc:atecl within the LiYiaglltOD Roed Right-Of-Way.
B. AD access points shall be colllisteat with the CoWer Coumy Accea ~..........-.
. Policy, Resolution 92-422.
V-2
Agenda Item No. 17A
July 26, 2005
Page 24 of 46
C. JJuder the future four-laDe conditicD, the developer sbaU be responsible for
providing any required or necessary turn-laDcs during the construction pbase of the
development. All costs ofprovidiDg the turn lane under the four-lane condition shal1
be the sole responsibility of the developer.
D. Prcsc:ntly, the segment of Livinpton Road between Vanderbilt Beach Road and
Immokak:e Road (C.R. 846). does not exist at the time of this PUD rezoning, but is
. programmed to be coostructed as a four-lane arterial roadWll)' in the year 2002, with
completion in 20031. The prcscnl progrmmned improvement of that segment of
Livingston Road is within the time-frame necessary to obtain all required permits to
construct the proposed development. However, should the programming of the
, construction of that segment ofLiviDpton Road be delayM. or the developer is able
to ac:ceJerate the permitting process. the developer reserves the right to coDStruct
1800-2000 feet of the northbound two-1ane roadway from lmmokalce Road south
to the project ent:raDCC. Such roadway would be designed and constructed in
acc:ordaDce with County staDdards 8Dd BpprOved by the Public Works ~l~
Departmcot for paving. potable water conveyauce, SIDitary sewer coJM:yllDCC. IIDd
chainagc. and would be dcdicatecl to Collier County. For.thc dneJoper's
improwment of that segD'aI1 of LiviDpton Road, the dc:veloper may be attitled to
imp8ct lee credits as provided for in Colier County On:liamccs 92-22, IIDd 98-69.
E. The applicant shall be rcspoDlibJc for the installation of arterial1evelligbtiDg at all
project entrances prior to issuanc:c of the first "permanent" Certificate of
Occupancy.
F. Project entrances shaD be "-iw-t to pn:cludc the becking-up of c:ntcriDg vehicles
onto Livingston Road. If IICCCSS is to be CODtrOI1cd by meaDS of . ptcbousc or
cankoDtrO&d gate. the sate or gatebousc shall be designed. located 8Dd operated
so not to permit such vehicular beclrup. The minimum throat length fur vehicle
stacking shall be 100 feet.
5.6 WATER MANAGEMENT
The development of this PUD Master De-ve1opD:Dl Plan shall be subject to and goYerDCd
by the foUowing conditions:
A. Detailed paving. grading and site dnIiDage pIlIns shall be submitted to F~
Review Services for review and approval. No COIIStruction permits shall be issued
UIIiess and until approval of the proposed constructioD, in accordance with the
approved plans, is granted by EDginlCcring Review Services.
B. An excavation permit will be required fur the proposed lakes in accordance with the
Co11icr County Land Development Code and South f10rida Water ManagClllCllt
District Rules.
5..7 UTILlTIES
The development of this PUD Master De-velopment Plan sball be subject to and go\l'Cl"Ded
by the following conditions:
A. Water distribution and lIeWIIp co11ec:tion and l1"n....m.......n fiIciIities to ICl've the
project an: to be dcsigDed. COJIlItrUCtcd, conveyed., owned, and lI'IIIintamM in
accordance with Collier Couaty 0rdiDaDI:e No. 97-17. IIa 1IJDCDClcd. and other
applicable County rules and n:suJatioDS. -
V-3
I CatetJorY A Road ~ 57.
Agenda Item No. 17 A
July 26, 2005
Page 25 of 46
B. All customers coDDeCting to the water distribution ad sewage coDcction fiIcilitics
will be considered to be customers of the County, and will be billed by the County in
accordance with the County's established rates.
5.8 ENVIRONMENTAL
The development of this PUD Muter Devclopnc:nt Plansba1l be subject to llIId gOVl:l'DCd
by the fullowing conditions: .
A. Environmental permitting shall be in lICCOrdance with the State of Florida
Environmental Resource Permit Rules, aDd be IUqect to review and approval by
Current Planning EnvirollDlmtlll Review Staff. Removal of exotic vegetation alone
shal1 DOt be the sole component of mitigation for impIlcts to Collier County
juriSdictional wetlands.
B. All CODSerVll1ion 8relIS sball be ti-irted as coDlllrYlllioalpreserYlllion trIcts or
easc:mmrts on all constrllction plans, aDd sbaIl be recorded on the plat with
protective covenants per, or similar to, Section 704.06. Florida StatUtes. .
C. Bufi:rs sbaIl be provided around wet!lmds, where pouiblc, cxt-"irla at k:at 6ftoen
(15) feet landward from the edge of the wetland pre9CI'YeS in all plal:es, aDd avenge
twenty-five (25) feet from the laDdwanl edge of wetlands. Where natmal buffen &r1:
DOt provided, strUctural buffers abaIl be provided in accordance with the State of
Florida Enviroomcntal Resource Permit Rules, aDd be suiject to review aDd
approval by Current PIan1Iina EnviroDlDl:lltal Review Staff.
D. The petitioner sbaI1 comply with the BilidcliDcs and RlCOlftIIIll!IIdlIIiom of the U.S.
Fish aod Wildlife Service (USF&WS) IIDd the Florida GIIInc and Fresh Wstcr Fish
: Commission (FOFWPC) ~ potc:atial impects to "listed 1pCCics". Where
,protected species are observed on site, a Habitat ~ Plan fur those
protected species shall be submitted to Cum:nt Planning Environmental Staff for
review and approval prior to filial site piaDlconstructioD plan approVlll.
E. An exotic vegetation removal. monitoring, aod maiatenince (exotic-he) plan fur
the site, with emphasis on the coDSCl'YlltioDlpraenation areas, sball be submitted to
Curnmt Planning EnviroDllllmlal Review Stafffot,revU:w aud appro\IBI prior to Final
Site PlanIConstrudion Plan approval. A collllnittnl!!nt to scheduling of initial exotic
removal within all the preservation areas shaD be a pBrt of this plan.
F. The PUD shall be consistem with the cnviroDml:malllOCtious of the CoUil:r County
Growth Management Plan. CoIllJe1'Y8tioI1 aDd CoastalMauagemem Eancm and the
Collier County Land Developmrmt Code in cfli=ct at the time of fiaal dcveJopmcnt
order approval.
G. The PUD sbaIl be coDSisteut with tbe Euvho"II~.J ICCtioas of the Collier County
Growth MaDagemem Piau Coascnatiou lIDd Coestlll Maagemeut EIemc:at, imd tbe
Collier County Land 'DcM::Iopmc:Dt Code III tile time of final dcveloJllDCll1l order
approval.
H. A1 the time of the next developmc:Dt order submittal, the petitioDCl' sbaIl provide
copies of their SFWMD. ERP applications and proposed mitigation fur loss of
wetlands on site.
I. Tbc impIcts to.thc SPWMD cWliInIed wctIImda on site sbaIl be mit;ptf!(\ III a ratio
no less tham 1: J (acre fur acre).
V-4
Agenda Item No. 17 A
July 26, 2005
Page 26 of 46
J. The EIS shall be re-writtc::n IIIId IIlIhrnittNl fur review IIIId approval. wilbin 90 days
of the Bee approval. so thal a complete lIIId lICCUl1Ite BIS is on file with Collier
County Community Developaxmt IIIId EnviroDlDel1tal Services. A new red-
cockaded woodpecker ~ sba1l be conducted in accordance with the FGFWFC
and: USFWS guidelines, 8Dd submtttcd for review and approval, as an amendment to
the BIS. Technical assistance shall be requested from these agcncics during the
review process. No further Col1ier County final development orders sball be
approved until a complete and sufficient EIS is reviewed aod approved by CoUDty
Enviromneotal Staff.
S.' ACCESSORY STRUCTURES
Aa:t:ssory struc::tures may be coDStructed simuhaneously with, or fuUowing the construction
of the principal structure, except for a CODStJ'UCtion site office IIIId model ccn1cr.
5.10 SIGNS
All sigDs sba1l be in IICCOrdmce with Division 2.5 of Collier CoUDty's Laud ~
Code in effi:ct at the time of SU Developmem Plan approval. with the fuDowing
exceptions:
A. . Project Promotion Signs . Two tc:mpo~ ground or WIIll signs may be located
within the Livingston Road Rigla-Of- Way at its interJection with Immokalee Road
. (C.R. 846) for the purpose of promoting the development. subject to the following
requirements:
1) Auy promotional signs sball not exa:ecl 64, square feet. cxcludiDg DDUDting
surfiIces or structures.
2) No promotional sign shaD exeeed B height of B feet above the lowest centerline
of pavement in the Immo\Wee Road Right-Of-Way.
3) Promotional signs may be ligbted. provided an lights are sbiclded in a DIBIJDer
which prevents direct glare on Immokalee Road or adjeceol roadways, or into
adjaceut ~ic:lences.
4) The two telnpOraty groUDd or wall sips which arc aUo~ within the
Livingston Road Right-Of-Way at the intersection with Immok:alce RDIId shaD
only be permitted in the ewmt that the developer constructs the northerly 1800-
2000 1ineal feet of Livingston Road. lIDd there is DO complete segment of
Livingston Road between Vanderbilt Beach Road aod Immokalee Road. These
sips would permit exposure of the project on the de8d-cud Liviopton Road
. segment. Said signase sball he Iocatcd in an area of the Livingston Road Right-
Of. Way so as to not create B traffic safety probM::m, IIDd sba11 be located in lIre8S
that would nOt impair the coDStruction of the bBlancc of Livingston Road. Upon
completion of . the segment of Livingston Road to connect Vand='bih Beach
Road with Immokalee Road, said sigDage shall be permanc:ntly removed from
the Livingston Road Rigbt-()f:.Way.
5) Arty such sisMac sball be lIpprowd as to the 1ocation lIIXl size by the Collier
Cowtty Transportation Services 0I......huwut. All expenses related to the signs
sball be the responsibility of the Developer.
V-s
..
Agenda Item No. 17 A
July 26. 2005
Page 27 of 46
5.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
~k'apc bufI'cn. bcmIs. fcocea rmd walls arc senerally permitted as a priDcipal use
throughout the LiviDaston Lakes PUD, except in Pn:sc:rvc An:as. The following staDdards
sba1I apply:
A Landscape bcnns BbaIl ba\'e the ..,.imuftt aide aIopcs:
,1) GrlIsscd berms 4: 1
2) GroUDd covered bcnns 3: 1
. 3) ~Rap berms 1:1
. 4) Structural wa11cd berms nay be verticaJ.
B. , Fence or walllllll~1I'I'I hciPt: 9 _ .. JDI:8IUl'ed &om the fiDisbed pIde of the
',' groUnd Ill: the hue of the feace Or wall. For the plII'pOlC of this provision. fiDisbed
. grade abalJ be coDSidcred no pealer than 18 iDcbes above the crown clcvationofthc
. nearest existiDg road, uoIc:8s the fence or wall is constructed on a perimc:tcr
lannll<:ape berm. In thcae cues, the fcDCe or walllball not exceed 6 feet in boigbt
from the top of berm elevation with BD avenae sidc slope of greater than 4:1 [LC.
3:1,1:1, or vertical).
c.
Pedestrian sidewalks, bike patba, water JIJIID8geIIIlmt fiIcilities rmd structures nay be
aDowcd in Iandscapc buffer areas, provided thAt the landscape bufb U'Cll is
increased by an cquivalcn1 width.
i-
5.12 LANDSCAPING FOR OFF-STREET PARKING AREAS
Except where provided fur cIsewbcrc in this doc:umeat, a1l1"""~ fur off-strcc:t parking
areas sbal1 be in IICCOrdencc with Division 2.4 of the Collier County Land Dcvelopl'DCllt
Code in effi:ct at the time of building permit application.
5.13 POLLING PLACES
Pursuaot to Section 2.6.30 of the Land DeYeIopmcut Code, provision:sbaD be u.:Ie fur the
future use of buiJding spICe within common an:as for the purposes of IICCOmmodatiDg the
function of an electoral polling place.
An Agreement between the developer BDd the SupervilIor of EJections for the provision of
polling places shaD be recorded in the official records of the Clerk of the Circ:uil Court of
Collier County, which shaD be bindinB upon any aDd all successors in iDtcrest that acquire
ownership of such common areas includiDg homeowners' U8OciIItions.
V-6
.
LIVINGSTON LAKES PUD MASTER PLAN
A. .........
I
!
I
I
A. AGIIC!I-~
LAND USE TABLE
1RACT 'W" rdIlIIINL II2f tNTII): aAlACAEa
1RACT "'P"" . .-de_ AIIEAtt: ~
nJl'AL I'IDa!CT ARB: .. Ac:RI!S
- - .......
. .. .. .. .. .. .. .. .. .. .. -
",..- ~ :: ::::::: :::::::::::::::::=:::: :::: ::::::
/-', -::::::::::~-j-:-:-:-:~::::::::
I '
r \ '- -.::::::::::::::::::::::::::::::::::
!.. ~..::::::::::::::
i "''''
\. --...., ::::::::::
~. LAD ," .. .. .. ..
'..............----...... '..--) )1'}}
-------------- ::::::::
...... or -.....-. - '.:.:.:
\
I /.---.......... . -----...."
; -----~ \
; 1
\ .... I
'...... :
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A. -.....
Agenda Item No, 17A
July 26, 2005
Page 28 of 46
_ - DmGlIM CBIIWl
Of
I
~.
IlOJmI
M
o 100 2DO 3lIO
...... .
. .' '.'
.' .'.~ ~ :
Agenda Item No. 17A
July 26, 2005
Pagl'l 29 of 46
"
-.",-.
.,.. .;.. .
...-..
STATE OF FLORIDA)
COUNTY OF COLLIER)
1-.
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentietb
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing ia a true copy of:
ORDIHAlJCE BO. 99-18
Which was adopted by the Board of County Commissioners on the
2Jrd day of February, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 23rd day of February,
1999.
DWIGHT B. BROCK:- :{_~--:-,..,:?:\. '~'_~::l~~-'f' ~'::;,: J, ',_,: '
Clerk c;>f court~.;attd.:5=J&.~~~""'~~"~:'''=i~~'
Ex-off~cio to:Bp~~,'~'f,'f,>:t -:' a!:'>, ;:,;. *". .'- I.:.,
County Commi.sSi~i:'lIi",:~~..:ai~-r:e.\';::i'I> - ~... _ .:.
X.. 'v'.~"~j-l-:!.1;_:;~r:i)rf.";' -: :.:'
", 1.f.'~ :.j..... . ~ i..\t~~. .., I: <.:_ .
By: Lb. st.e;"';\(T~""",':,~~.{:<::.>;"~';,:~" .
Deputy Clerk".,. f~' " '~~', _ <'..i!:"*"r!- ,..;/~-- ;'..
.., :. J":,. . t,. "l,"!.~~~''''' .~~ 't-. .
.\~<"~ ./ It. n_II-'.i ~~...,,,
'." I..l,.... t.; , '
.', ...
Agenda Item No. 17 A
July 26, 2005
Page 30 of 46
COLLIER COUNTY GOVERNMENT
DEPT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
6968
(i)
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-
mi1CA11OM,
. """,'" -'-':""""'L':;<.'..':'.:.~"" . .
,'PUD~;:~~}~
PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
[ PUDEX-2005-AR-7581
PROJECT # 19990123
DATE: 4/21/05
HEIDI WILLIAMS
]
~~ T__
j
- -
APPLICANT INFORMA1"Ifi)1tll
NAME OF APPlICANT(S) SECTION THIRTY CORPORATION. LLC.
ADDRESS CIO 600 FIFTH AVENUE SOUTH. SUITE 207 CITY NAPLES STATE FLORIDA ZIP 34102
TELEPHONE #(239) 263-6000 CELL # FAX #
E-MAIL ADDRESS:ibrugger@forsythbrugger.com
NAME OF AGENT DWIGHT NADEAU, RWA.INC.
ADDRESS 3050 N. HORSESHOE DRIVE. SUITE 270 CITY NAPLES
ZIP 34104
TELEPHONE # (239) 649-1509 CELL #
E-MAIL ADDRESS:DHN@CONSULT-RWA.COM
STATE FLORIDA
FAX # (239) 649-7056
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
ASSOCIATIONS
- " ~ K.
___._ "H
PUD Extension Application
Agenda Item No. 17A
July 26, 2005
Page 31 of 46
Complete the following for all Association(s} affiliated with this petition. Provide additional
sheets if necessary.
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
ZIP
CITY
STATE
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
ZIP
CITY
STATE
NAME OF HOMEOWNER ASSOCIATION:
MAILING ADDRESS
ZIP
CITY
STATE
NAME OF MASTER ASSOCIA nON:
MAILING ADDRESS
CITY
STATE
ZIP
NAME OF CIVIC ASSOCIATION:
MAILING ADDRESS
CITY
STATE
ZIP
PUD Extension Application
.selo.~.r:; .
. 'i__tlon
Agenda Item No. 17 A
July 26, 2005
46
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
Percentage of Ownership
b. If the property is owned by a CORPORATION, list the officers and stockholders
and the percentage of stock owned by each.
Name and Address
Percentage of Ownership
Sedion Thirty Corporation. LLC
C/o 600 Fifth Avenue South. Ste 207
Naples. Florida 34102
Folio #'s:
00197360006
00199080009
00199040007
00198840004
001988??oo2
00198720001
00198360005
00197640001
00197440007
001974??oo5
Roderick MacLeod
100%
PUD Extension Application
1-
Agenda Item No. 17A
July 26,2005
If the property is in the name of a TRUSTEE, list the beneficiaries of the t~~~~1thof 46
the percentage of interest.
c.
Name and Address
Percentage of Ownership
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 ir:'dividuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners..
Name a nd Address
Percentage of Ownership
Date of Contract:
PUD Extension Application
Agenda Item No. 17A
July 26, 2005
Page 34 of 46
f. If any contingency clause or contrad terms involve additional parties, list all
individuals or officers, if a corporation, partnership, or trust.
Name and Address
g. Date subjed property acquired ~ 11/1998 leased 0 Term of lease
yrs.fmos.
If, Petitioner has option to buy, indicate the following:
Date of option:
Date option terminates:
Anticipated closing date
, or
h. Should any changes of ownership or changes in contrads 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 form.
, -,,~.. ~
PR~~J1A;.:r-IQNC
j
Detailed le2al 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 distrid. Applicant shall submit four (4)
copies of a recent survey (completed within the last six months, maximum I" to 400' scale) if
required to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the corred legal description. If questions arise
concerning the legal description, an engineer's certification or sealed survey may be required.
SedionjTownshipjRange
30
/
48 South
j
26 East
Lot:
Block:
Subdivision:
Plat Book
Page #:
Property 1.0.#:
00199080009. 00199040007,
00198840004. 00198800002. 00198720001. 00198360005. 00197640001. 00197440007.
001974??oo5.00197360006
PUD Extension Application
~- - Agenda Item No. 17A
I -,- ' July 26, 2005
Page 35 of 46
I Metes & Bounds Description: A parcel of land ling in the northeast quarter of Section 30, Township 48
South, Range 26 East, Collier County, Florida, and more particularly described as follows:
The West Half of the Southeast Quarter of the Northwest Quarter of Section 30;
and,
The East Half of the Southwest Quarter of the Northwest Quarter of Section 30;
and,
The South Half of the South Half of the Northwest Quarter of the Southwest Quarter of the Northwest
Quarter of Section 30;
and,
The Northwest Quarter of the Southwest Quarter of the Southwest Quarter of the Northwest Quarter
of Section 30;
and,
The North Half of the Northeast Quarter of the Southwest Quarter of the Southwest Quarter of the
Northwest Quarter of Section 30.
Said parcel containing 46.73 acres, more or less, subject to easements, restrictions, and reservations
of record.
Size of property:
46.73
ft. X
ft. = Total Sq. Ft. 2.035.558 SF
Acres
Address/eenerallocation of subiect orooerty: PrODertY is located on the east side of Livingston
Road. approximately 1;4 of a mile south ofImmokalee Road.
I.'.."
-MJJACENf 2'lQNlNb~.tAND USE::;.- ,,:
Zoning
Land use
N A & PUD
Vacant (Stiles PUD)
Developin9 R&9ional Park
Donavan Center PUD
S Government
E PUD
WPUD
Aston Gardens PUD
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). N/A
Section/Township/Range
I
I
Lot:
Block:
Subdivision:
PUD Extension Application
Plat Book
Page #:
Property
Agenda Item No. 17 A
July 26. 2005
Page 36 of 46
I.D.#:
Metes & Bounds Description:
EXTENSION REQUEST DETAIL
Has this Master Plan received any previous extension(s)? 0 YES 181 NO
If YES, please indicate the date of approval(s) and submit a copy of the
Board of County Commissioners' approval.
Was the planned development proposed for two or more phases? 0 YES [8J NO
If YES, please provide a copy of the approved phasing schedule.
Has the Master Plan sunsetted? I:8J YES 0 NO
If NO, please indicate the date that it will be sunse"ed: February 23.2004
If YES, please explain why the Master Plan was allowed to sunset: The PUD was allowed to sunset
due to the lack of an aPlJToved SOP. The SOP has been held up for various reasons. The three most
important are the lack of an Army Corps of Emzineers permit. South Florida Water Management District
permit. and the completion of Livingston Road from Vanderbilt Beach Road to Immokalee Road. Water
and sewer service was unavailable until the roadway completion. which was delaved until October 2004.
Please provide a chronology of the original :zoning approvals and amendment approvals as well as
any development approval and any site development improvements that occurred before the master
plan was vacated.
2/23/99 - Original PUD Approval Date
4/17/02 - Pre-application meeting for Site Development Plan (AR 2411)
9/17/02 - Site Development Plan Submittal (AR 3114)
9/23/02 - Excavation Pennit Submittal CAR 3135)
11/19/03 - Pre-application meeting for proposed Site Development Plan Amendment (AR 6247)
Is the extension requested for: I:8J the entire original development, or 0 phase(s)?
If for phases, please indicate the phase
number(s):
pun Extension Application
Agenda Item No. 17 A
July 26, 2005
. . Page 37 of46
Please explain how the Master Plan remains conslltent with the current ComprehenSIve Plan,
including density, intensity and concurrency requirements.
The Livingston Lakes PUD will be in compliance with the goals. objectives and policies of Collier
County as set forth in the Growth Management Plan. The density is comparable to the surrounding land
uses. The adiacent Donavan Center PUD was approved with 7 dwelling units per acre and 250.000
square feet of retail or office. while the Stiles PUD was approved for 135.975 of Commercial retail or
office and up to 26 units per acre ofhoteVmotel. With the approved seven dwelling units per acre for the
Livingston Lakes PUD it is consistent with adiacent current and proposed land uses. According to the
2004 ADIR. Livingston Road from Immokalee Road to Vanderbilt Beach Road is operating at LOS B.
with a remaininl!: capacity of2846.
Please explain how the development proposed by the Master Plan remains compatible with existing
and proposed uses in the surrounding area in view of development approvals issued subsequent to
the original approval of the Master Plan.
Accordinl!: to the zoning maps posted on the Collier County Government website. no zoning changes
immediately adiacent to the property have occurred since the original approve of the PUD in February
1999.
Does the development shown on the Master Plan place an unreasonable burden on essential public
facilities? Please explain.
This development will not place an unreasonable burden on essential public facilities. as Livingston
Road is operating at LOS B. With 327 multi-family units. the impact to adjacent roadwavs will be
nominal. The assumed concern would be the selm1ent of Immokalee Road. from 1-75 to CR 951.
According to the current concurrency there are 209 trips available for this segment. However. due to the
location of the Livingston Lakes PUD. the residents of the community would have numerous other
possibilities for commercial retail in the area. Furthermore. with Livingston Road complete from Radio
Road to Bonita Beach Road. the likeliness that a resident would utilize any other roadway to travel
north/south is greatly diminished.
pun Extension Application
EVALUATION CRITERIA
Agenda Item No. 17A
July 26, 2005
f'egc 38 0' 46
Evaluation Criteria: Provide a written narrative statement describing the request to snow compliance witn
the criteria found in the Collier County LDC noted for tne proposed action. Include any additional
materials and documentation in support of the request.
The PUD and the master plan is consistent with the current growth manal!ement plan includin2. but not
limited to. density. intensity and concurrencv requirements. The approved development has not become
incompatible with existing and proposed uses in the surroundin2 area as the result of development.
approvals issued subsequent to the oril!inal aporoval of the PUD zoning. The approved development will
not. by itself or in coni unction with other development. place an unreasonable burden on essential public
facilities. Also. 1Jlease review the Extension Request Detail component of this application.
Deed Restridions: Tne County is legally precluded from enforcing deed restrictions, however, many
communities have adopted sucn restrictions. You may wish to contact tne 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.
Previous land use petitions on the subied DroDertv: To your knowledge, has a public hearing been held
on this property within the lost year? 0 Yes [gJ No
If so, what was the nature of that hearing?
NOTICE:
This application will be considered "open" when the determination of "sufficiency" has been made and the
application is assigned 0 petition processing number. The application will be considered "closed" when the
petitioner withdraws the application through written notice or ceases to suooly necessary information to
continue processing or otherwise actively oursue the rezonina for a period of six (61 months. An
application deemed "closed" will not receive further processing and an application "closed" through
inactivity shall be deemed withdrawn. An application deemed "closed" may be re-opened by submitting
a new application, repayment of all application fees and granting of a determination of "sufficiency".
Further review of the project will be subject to the then current code. (lDC Section 10.03.05.Q.)
PUD Extension Application
Agenda Item No. 17A
July 26, 2005
Page 39 of 46
SUBMtnAL SUPFICIENCYCHECKLlST
PUD EXTENSION
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPUCATlON PACKET
No. of CODies
[8]18
[8]18
[8]18
[8]1
[8]18
[8]2
[8]1
[8]2
[8]2
[8]
~3
Completed Application
Pre-Application Meeting Notes
Master Plan 24" X 36"
Master Plan 8 V2" X 11"
Approved PUD Ordinance
Warranty Deed or Contrad for Sale
Owner/Agent AHidavit, signed & notarized
Aerial Photos with Habitat Areas Identified
Addressing Checklist
Required Fees
Other Traffic Impact Statement
As the authorized agent/applicant for this petition, I attest that all of the information
indicated on this checklist is included in this submittal package. I understand that
failure to include all necessary submittal information may result in the delay of
processing this pe . .
Date
PUD Extension Application
Co~r County
~ -
-----AgernIa--lteml:J.o 17 A
PUDEX-2005-A DJWy':.26, 2005~
PR . ~'P~40 of 46
OJECT # 19990123
DA TE: 4/21/05
HEIDI WILLIAMs
PUD EXTENSION REQUEST
Pre-Application Meeting Notes
nate: ~T1me: .3 '. 3D Agent NameIFirm Name: 'KUJ A
Project Name: L/~j ~T-CY"'J LAke,'5
Applicant's Name: ~^ '} \ ~ ~~ Phone:
Owner's Name: ,-5 r::C.tIDN ---;1-uf)"i1 r .n'R.~4~hone ~
Owner's Address:
Meeting Attendees: Planner: - ( f . -
~ 01",~ :S~ flla{ ~
-- ~'A'[A. Clz: kHJ: va.,)-~~~
~ Q~2AI\I(')u\Skl _1-1_ 1.~ ~l,OrJ..J .
MEETING NOTES It
~ ~ ~"3 .05~~ - '1~C-b POilL1CHEk2-/~iff.G-tJ
- -~"'E.~1"156 T Po {2.. cc. /J..J(:s -1\Pf-tl~ oAJ'5,iaLE
SUMITfAL REOUlREMENTS: PLEASE REFER TO THE LDC AND APPLICATION FORM FOR ADDmONAL
INFORMATION.
oration
#of Co ies
12
12
2
2
12
2
Copies of the following:
o Complete legal description
o 1 copy of completed Addressing Checklist
o I copy of 8 Yz" X 11" graphic location map of site
POSSIBLE OTHER REQUIREMENTS, DEPENDING UPON THE SPECIFIC PROJECT:
Kl Traffic hnpact Statement (TIS) 0 Environmental Impact Statement (EIS)
o Other 0 Other
I
I
L~~__.~__
revised: 1/8/04
Agenda Item No. 17 A
July 26, 2005
Page 41 of 46
RWA, Inc
3050 North Horseshoe Dr., Suite 270
Naples, Florida 34104
To Whom It May Coocem, <i>
Please be advised that authorization is hereby "&0.,0' given to the firm of R W A, Inc., to
act as agent in all actions relating to the permitting of a residential land use
on the following described lands:
PUDEX-2005-AR-7501
PROJECT ## 19990123
DATE: 4/21/05
HEIDI WILLIAMS
AFFIDA VlT
I. Jenny Lantry......authorized signatory of c.c.s. Corporate Services Limited, Manager of Section
Thirty Corporation L.L.C., being first duly sworn, depose and say that Section Thirty Corporation
L.L.C. is the owner ojthe property described herein and which is the subject matter of. the proposed
hearing and does state thai 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 I
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.
Folio #'s 00199080009,00199040007,00198840004,001988??oo2,00198720001,00198360005,
As property owner I fUrther authorize Dwight Nadeau. Planning; Director of R W A. Inc.. to act as my/our
representative in any matters regarding this Petition.
0019764000 1, 00 197440007, 00197400005, and 00 197360006.
Section Thirty Corporation L.L.C..
a Nevis Limited Liability Company, Property Owner
By c.C.S. Corporate Services Limited, Its Manager
~~
. enny Lantry, Authorl;d Signa;~
TO ALL WHOM these presents shall come 0Itd, f~f
Ramsey, Isle of Man, British lvles NQ RY PUBLIC of the Isle of Man duly
admitted and sworn DO HEREBY CERTL the genuineness of the
signature of Jenny Lantry subscribed above this day in my presence.
IN FAITH AND TESTIMONY whereof I the said Notary have subscribed my name
and ~ affixed my Seal of Office at Ramsey aforesaid this ;II So. day of
~ 2005
UC HEARING FOR PUD REZONE-S198
JOHN EDWARD CREl.UN
3-5 AUCKLAND TERRACE
ktii~SEY, ISLE OF MAN
ADVOCATE, SOLICITOR & NOTARYPUBUC
COMI'j\iSSIQj~ER FOR OATHS
PAGE [6 OF L6
Agenda Item No. 17 A
July 26, 2005
Page 42 of 46
Jenny Lantry, Authorised Signatory
C.C.S. Corporate Services Limited, Manager
of Section Thirty Corporation L.L.c.
a Nevis Limited Liability Company, Property Owner
RWA.lnc
3050 North Horseshoe Dr., Suite 210
Naples, Florida 34104
PUDEX-200S-AR-7501
PROJECf # 19990123
DATE: 4121/05
HEIDI WILLIAMS
To Whom It May
Concern:
Please be advised that authorization is hereby given to the firm ofR W A, Inc., to act as agent in all
actions relating to the permitting of a residential land use on the following described lands:
Folio #'s 00199080009, 00199040007, 00198840004, 001988??oo2,0019872000], 00]98360005,
0019764000],00]97440007,00197400005, and 00]97360006.
J~nt~sedSrgnatOry
of C.C.S. Corporate Services Limited,
Manager of Section Thirty Corporation L.L.C.
A Nevis Limited Liability Company
TO ALL WHOM these presents shall come ~ ia~' of
Ramsey, Isle of Man, British Isles N Y PUBLIC of the Isle of Man duly
admitted and sworn DO HEREBY CERTL Y the genuineness of the
signature of Jenny Lantry subscribed above this day in my presence.
IN F A]TH AND TEST]MONY whereof 1 the said Notary have subscribed my name
and set and affixed my Seal of Office at Ramsey aforesaid this ;21 'U day of
~,d....2005
JOHN EDWARD CREW~
3.5 AUCKLAND TERRACE
kAi';i5Ei, iSLE OF MAN
ADVOCATE, SOUClTOR & NOTARY POOlE
COMMISSIONER FOR OATHS
PAGE [6 OF L6
PUDEX f\.flenda -ftem~o. 'fm- -
-200S-AR..uo~6, 2005
PROJECT "# I999Oti~ 43 of 46
DA TE: 4/21/05
HEIDI WILLIAMS
COVENANT OF UNIFIED CONTROL
I
i
I.
The undersigned do hereby swear or affirm that they are the contract purchaser of record of
property commonly known as
Llvin~ston Lakes POD (Folio #'s 00199080009. 00199040007.
0019 840004. 00198800002. 00198720001. 00198360005. 00197640001.
001974??oo5. and 00197360006)
The property described herein is the subject of an application for planned unit development
(PUD) zoning extension. We hereby designate Dwight Nadeau, Planning Manager, of RW A,
Inc., legal representatives thereof, as the legal representatives of the property and as such, these
individuals are authorized to legally bind all owners of the property In die cOurse of seeking the
necessary approvals to develop. This authority includes, but is not limited to, the hiring and
authorization of agents to assist in the preparation of applications, plans, surveys, and studies
necessary to obtain zoning approval on the site. These representatives will remain the only entity
to authorize development actIvity on the property until such time as a new or amended covenant
of unified control is delivered to ColIier County.
The undersigned recognize the following and will be guided accordingly in the pursuit of
development of the project:
I. The property will be developed and used in conformity with the apPI'Oved master plan
includlOg all conditions placed on the development and all commItments agreed to by the
applicant in connection with the planned unit development rezoning.
2. The le~al representative identified herein is responsible for compliance with all terms,
conditions, safeguards, and stipulations made at the time of approval of the master plan,
even if the property is subsequently sold in whole or in part, unless and until a new or
amended covenant of unified control is delivered to and recorded by Collier County.
3. A departure from the provisions of the approved plans or a failure to comply with any
reqUirements, conditions, or safeguards provided for in the planned unit development
process will constitute a violation of the Land Development Code.
4. All terms and conditions of the planned unit development approval will be incorporated into
covenants and restrictions whIch run with the land so as to provide notice to subsequent
owners that all development activity within the planned unit development must be consistent
with those terms and conditions.
5. So long as this covenant is in force, Collier County can, upon the discovery of noncompliance
with the terms, safeguards, and conditions of the planned unit development, seek equitable
relief as necessary to compel compliance. The County will not issue permits, certificates, or
licenses to occupy or use any part of the planned unit development and the County may stop
ongoing construction activity until the project is brought into compliance with all tenns,
conditions and safeguards of the planned UOlt development.
Section Thirty Corporation LLC, a Nevis
Limited Liability Company, Property Owner
By C.C.S. Corporate Services Limited, Its Manager
By ~ _ L..----......
Jen antry, Authonsed Signatory
, Isle of Man, British Isles NOTARY
LIC of the Isle of Man duly admitted and swom DO HEREBY CERTIFY the genuineness of
t signature of Jenny Lantry subscribed above this day in my presence.
IN FAITH AND TESTIMONY whereof I the said No~ have subscribed my name and set and
affixed my Seal of Office at Ramsey aforesaid this .:J.I. day of ~~2005.
e
JOHN ED\J,IARD CRElliN
3.5 AUCKLAND TERRACE
IiAtVlv. i, i~LE OF WiAN
ADVOC",Tt, SOLICITOR & NOTARY PUBlIC
COM;.iIlSS\ONER FOR OATHS
Agenda Item No. 17 A
July 26, 2005
Page 44 of 46
<::::,o~T ~H:I;Y
Memorandum
To:
Heidi Williams, Principal Planner, Zoning & Land Development Review
From:
Nicole Fernandez, Senior Planner, Comprehensive Planning Department
Date:
April 26, 2005
Subject:
Future Land Use Element (FLUE) Consistency Review
PETITION NUMBER: PUDEX-2005-AR-7501
PETITION NAME: Livingston Lakes PUD Extension
REQUEST: Extend the approved time period for an existing PUD by two (2) years, so as to allow
the landowner to complete development activities that were approved in 1999 (Ordinance # 99-18,
adopted February 23, 1999). The PUD sunsetted on February 23, 2004.
LOCATION: The subject PUD is located on the east side of Livingston Road, approximately 1A of
a mile south of Immokalee Road, in Section 30, Township 48 S, Range 26 E.
COMPREHENSIVE PLANNING COMMENTS: The subject property is designated Urban Mixed
Use District, Urban Residential Subdistrict, and it is within a Residential Density Band, as identified
on the Future Land Use Map of the Growth Management Plan. The Livingston Lakes PUD,
comprising 46.73 acres was approved for a multi-family residential development with a proposed
density of 6.99 dwelling units per acre. The total acreage consists of 36.4:1: acres of residential and
10.3:1: acres of preserve areas.
Residential density for this Subdistrict is determined by the Density Rating System (DRS).
Relevant to this petition, the DRS allows for a base density of 4 dwelling units per acre and a
density bonus of 3 dwelling units per acre for its proximity to an Interchange Activity, allowing for a
total of 7 dwelling units per acre. No changes are proposed to this PUD and there have been no
amendments to the Growth Management Plan since the time that the PUD was approved that
would affect the approved use or density.
FLUE Policy 5.4 requires new developments to be compatible with surrounding land uses.
Comprehensive Planning leaves this determination to Zoning and Land Development Review as
part of their review of the petition in its entirety.
CONCLUSION: Based on the above analysis, the proposed extension may be deemed consistent
with the Future Land Use Element of the Growth Management Plan.
cc: Susan Murray, AICP, Director of Zoning & Land Development Review
Stan Litsinger, AICP, Comprehensive Planning Director
CD/FLUE File
PUDEX-2005-AR-7501, Livingston Lakes PUD
CD Memos and Letters nf/4/26/2005
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RESOLUTION 2005 -
Agenda Item No. 17 A
July 26, 2005
Page 46 of 46
A RESOLUTION BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
PURSUANT TO SECTION 1O.02.13.D. OF TIlE COLLIER
COUNTY LAND DEVELOPMENT CODE AFFECTING
ORDINANCE 99-18 KNOWN AS LNINGSTON LAKES
PUD, EXTENDING TIlE CURRENT PUD ZONING TO
FEBRUARY 23, 2006; AND PROVIDING AN EFFECTNE
DATE.
WHEREAS, the Livingston Lakes PUD Zoning District, adopted on February 23,1999, by
the Collier County Board of County Commissioners, Ordinance 99-18 is subject to the provisions
of Section 10.02.13.D., of the Land Development Code (LDC), Time Limits for Approved PUD
Zoning Districts together with their respective Master Plans; and
WHEREAS, the PUD Ordinance was adopted consistent with, and under, the provisions of
the Collier County Growth Management Plan; and
WHEREAS, the Board of County Commissioners has reviewed the PUD and has
detennined it is appropriate to extend the PUD Zoning for two (2) years, until February 23, 2006.
NOW, TIlEREFORE BE IT RESOLVED by the Board of Zoning Appeals of Collier
County, Florida that:
1. The above recitals are true and correct, and are adopted herein by reference as if
fully set forth herein.
2. This Resolution constitutes evidence of compliance with the review
requirements ofLDC Section W.02.13.D.
3. Pursuant to said section of the LDC, the current PUD approval is hereby
extended to February 23,2006; at the end of which time the owner shall submit
to the procedures in LDC Section 10.02.13.D.
BE IT FURTIlER RESOLVED that this Resolution be recorded in the minutes of this
Board and in the records of the Petition for which the extension is granted.
This Resolution shall become immediately effective upon adoption.
This Resolution adopted after motion, second and majority vote.
Done this
day of
,2005.
A TrEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
Deputy Clerk
Approved as to
form and legal sufficiency:
Patrick G. White
Assistant County Attorney
~-~
Agenda Item No. 178
July 26, 2005
Page 1 of 53
Sheet 1 of 2
A VROW2005-AR7786
EXECUTIVE SUMMARY
Recommendation to approve Petition A VROW2005-AR7786 to disclaim, renounce and
vacate the County's and the Public's interest in the east 20 feet of the 50-foot wide parcel
for road right-of-way along Smallwood Drive (formerly S.R. No. 29) which was dedicated
to Collier County by operation of law as set forth iiI 195.361.(2) F.S., located in Section 31,
Township 53 South, Range 30 East (Chokoloskee Island).
OBJECTIVE: To adopt a resolution to vacate the east 20 feet of the 50-foot wide parcel for
road right-of-way along Smallwood Drive (formerly S.R. No. 29) dedicated to Collier County by
operation oflaw as set forth in ~ 95.361.(2) F.S.
"....~
CONSIDERATIONS: Petition AVROW2005-AR7786 has been received by Engineering
Services from Richard D. Yovanovich, Esq., from Goodlette Coleman & Johnson, P.A., as agent
for the petitioners, Barry L. and Karen S. Birdwell (collectively referred to as "Petitioners"),
requesting the vacation ofthe easterly 20 feet of the 50-foot wide parcel for right-of-way ("right-
of-way").
A Quit Claim Deed recorded in Book 34, Pages 151 through 152, Public Records of Collier
County, Florida ("Quit Claim Deed"), grants a portion of the right-of-way to the State of Florida
for use as a public highway. However, because the right-of-way has been maintained by Collier
County by at least the immediate past 7 years, it is also deemed dedicated to Collier County and
to the public as set forth under ~ 95.361.(2) F.S. Therefore, Collier County has the authority to
vacate only the County's and the public's interestm the right-of-way.
Under the terms of the Quit Claim Deed, if the property ceases to be used as a public highway,
the land therein reverts back to the grantors (Ted R. Smallwood and Clara N. Smallwood), their
heirs and assigns. Thus, the Petitioners have been made aware of the possibility of a reverter.
Letters of no objection have been received from the following Collier County offices:
Engineering Services Department, Transportation Services Division, Sheriff and the Ochopee
Fire Control District. Letters of no objection have also been received from Everglades City, Lee
County Electric Cooperative, Inc. (LCEC), Sprint and Corncast. The Petitioners will grant a
utility easement to LCEC and Comcast after the right-of-way is vacated to satisry the stipulation
in the letters of no objection. Advance notification of the hearing will be sent to the adjacent
property owners within 250 feet of the proposed vacation.
~
Agenda Item No. 178
July 26, 2005
Page 2 of 53
Sheet 2 of 2
A VROW200S-AR7786
FISCAL IMPACT: Engineering Services has collected a $1,000 "Petition to Vacate" fee
from the Petitioners which covers the County's cost of advertising, recording and processing the
Petition.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact
associated with this Executive Summary.
LEGAL CONSIDERATION: The Board of County Commissioners may, in its own
discretion, renounce and disclaim any right of the County and the public in and to any land
acquired by dedication if such vacation is found to be in the public's interest and for the public's
benefit.
STAFF RECOMMENDATION:
Recommendation to:
1. Adopt the Resolution for Petition A VROW2005-AR7786 for the vacation of the east 20
feet of the 50-foot wide parcel for road right-of-way along Smallwood Drive (formerly
S.R. No. 29); and
2. Authorize the execution of the Resolution by the Chairman of the Board of County
Commissioners and direct the Clerk to the Board to record a certified copy of the
Resolution in the Official Records.
PREPARED BY: Rick Grigg, Land Surveyor, Engineering Services Department.
Agenda Itt~m No, 17B
July 26, 2005
Pago 3 of 53
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number
Item Summary
118
This Ilem reqUires that all participants are sworn in and ex porte disclosure be provided by
Commission members. Recommendation to approve Petition AVROW2005-Jl.R7786 to
disc:airn, renounce and vacate the CountY'5 and the Pul:llic's interest in the east 20 feet of
the 50,.foGI wide pafcei fanoad righl-of-way ai<mg Sm,gllwoad Drive (formerly SR No. 29)
which was dedicated \0 Collier County by operation af law as set fOlth in S 95.361.(2) F.S ,
loc;;:lled!r'! SectiDn 31. TownshIp 53 So,Ith. Range 30 East (CllOkoioskee ISland)
Meeting Date
7/26/2005 g,OO'OO AM
Approved By
ThOf1lOlS E. Klick. P.E,
CDES Engif1t!ermg Services Director
Date
Comm1ll1ily f)('vp.loprm'nt &
EnV(ronmt!fFI~11 S~rvi<:(l_"
C DES Enginel!'ring Services
6113/20051-1:24 AM
Approved By
S.mdra Lea
Executive Secretary
Date
Community Development &
Environ01entalSer/ices
Community Development &
Environmental Services Admin
6114r'Z005 4:13 PM
Approved By
Ct}n~;.t"'H:~ A, JDhn$on
OIl~~r;lti(lI15i Analyt;t
Communi1y Ol!'\lclopment &.
EnvlYOl101cntJiI Services. Admin,
OOlh~
Community Oevelopl1l~!rlt &.
EnvifOnlYll!!J1tal Selvices
Si15J2005 8:16 AM
Approved By
JQ!u!ph K, 5dunitt
Community Development &
Environmental Service~ Adminstrator
O<lte
ConlllRUlity O(1Vclupmun1 &
Environment;11 Services
Comrnuni1y Oeyelopm",nl'"
Environrnental Services Admin.
6/17/20059:37 PM
Approved By
OMS Coonli,\atOF
Adminis.trative Assistant
O&te
County Manager's Office-
Of1ice of Management & 8udge1
716/20059:31 AM
Approved By
Mark l!ia<:kson
Budget Ahalysot
D.ltf~
County Manager's Office
Office of Mana.g~trlel'it & Budget
7l111.~005 9:29 AM
Approved By
Michael Smykow!iki
Managemc:>nt & Budgel Dir~ctor
Date
County Manager's Office
Office of Management & Budget
7!11/1005 3:13 PM
Approved By
James V. Mudd
County Mal1;Jge-r
Date
Board of County
COIlltni-!<siulmn;
County Manager's Office
7i11J'Z005 4:14 PM
Agenda Item No. 178
July 26. 2005
Page 4 of 53
RESOLUTION NO. 2005-
A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS FOR PETITION A VROW2005-AR7786 TO DISCLAIM,
RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLICS
INTEREST lN THE EAST 20 FEET OF THE 50-FOOT WIDE PARCEL FOR
ROAD RlGHT-OF-WAY ALONG SMALLWOOD DRIVE (FORMERLY S.R.
NO. 29), LOCATED IN SECT10N 31, TOWNSHIP 53 SOUTH, RANGE 30
EAST (CHOKOLOSKEE lSLAND).
WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes, Richard D.
Y ovanovich, Esq., from Goodlette Coleman & Johnson, P .A., as agent for the petitioners, Barry
L. and Karen S. Birdwell, does hereby request the vacation of the east 20-foot portion of the 50-
foot right-of-way; and
WHEREAS, the Office of the Collier County Attorney has opined that the east 20-foot
portion of the 50-foot right-of-way to be vacated has been dedicated to the County and to the
Public pursuant to !l 95.361.(2) Florida Statutes: and
WHEREAS, the Board has this day held a public hearing to consider vacating the east
20-foot portion of the 50-foot road right-of-way that was granted to Collier County and to the
Public pursuant to !l 95.361.(2) Florida Statutes, as more fully described below, and notice of
said public hearing to vacate was given as required by law; and
WHEREAS, the granting of the vacation will not adversely affect the ownership or right
of convenient access of other property owners.
NOW, THEREFORE, BE 11' RESOLVED BY THE BOARD OF COUNTY
COMM1SS10NERS OF COLLIER COlTNTY, FLORJDA, that both the County's and the
Public's interests to the east 20-foot wide portion of the 50-foot right-of-way is hereby vacated,
extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest
and for the Public's benefit:
See Exhibit "A" attached hereto and incorporated herein.
Page 1 of2
Agenda Item No. 17B
July 26. 2005
Page 5 of 53
BE IT FURTHER RESOL VED, that the Clerk to the Board is hereby directed to record a
certified copy of this Resolution, the proof of publication of the notice of public hearing and the
proof of publication of the notice of adoption of this Resolution in the Official Records of Co 1lier
County, Florida.
This Resolution is adopted this
day of
2005,
after motion, second and majority vote favoring same.
DA TED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORJDA
Deputy Clerk
BY:
Fred W. Coyle, Chairman
Approved as to form and legal sufficiency:
Jennifer A. Belpedio
Assistant County Attorney
Page 2 of2
~i'
~ d
011:
8:j
i).
~i
Agenda Item No. 178
05
SKETCH OF DESCRIPTION
NOT A SURVEY
EXHmrr "AU
SHEET I OF I
A VROW2003-AR7716
GENERAl NOTES:
~ P.o.C. indlcatea Point of Commencement
2 P.O.B. Indicates PoInt of Beginning
3 See. indicates Section.
4 Twp. Indicates Township
5 R e. indicates Range.
6 AlY distances are in feet and decimals thereof.
Bearing. are baaed on the Westerly One of the'
N.W. 1/4 of Sec. 31, Twp 53 S, Rg8 30 E;
being N.OO' 12'14 OW.
LEGAL DESCRIPT10N
A Parr:t1l of Land lying In Section :11, TOlin" 5:J South, RtItIgtI :JO
E08t, ChokolotJ/tefl Island. ClIIIIer Count", Florida. IMI/ng 0 portion of
Lot 2. Plat of th" _t HoIf of th" North...t 1/4 of lJMurYeyed
SlJt:tIon ;Sf, rllp. 5.J S. Rg& ;SO E.. "'"01 ding to tIuI PlGt thereof
ffICt1I rJed ,., Plat Book 1, Page 20" of tile Publlt: RfIt:OnItI of CdIIer
Count", Rorlda. being mora porlkularly deM:rlbfId 08 folfon:
Ccmm""ce ot the South...t Comer of th" Norlh...t 1/4 of the
Norlh...t '/4 of IItIId Section ;Sf, To.,."''' 5.J South. RanJlfl :JO EIXf.
CdlIer Ceunt", FlorldG; thflnCfl N.otn2'14'"E.. GIang th" _t Un"
of tII" North_t 1/4 of Section ;Sf, 148.00 feet; thence
S.7B'7f',S"'E. for 51.Of feet; thfltlce Soo'2".-w. for 20.42 filet.
to th" )Jt/JfJIfJCtIon of tII" Eo.terly RIght-of-Way tme of Smallwood
Drive and th" Southerly tm" of a 20 foot wide Accea Eoaemfltlt
(A.K.A Snoolt AHflY) and for a POINT (F BEGINNING; th""t:fI
Soo'72'1.-w. alOtIfI IIGId Etlllterly Rlt!t-of-ltby tm.. fm05 r.t;
thfltlce alOtIg 1M boun~ of the Old School Property' tIuI two
fc/Iowlng ~ N.42"42:srw. for 21.5.3 feet; thence S.U46'14"w.
for B.D _t; tII..ce N. OO"12'14T.. dang a """ .JO -t.
mflOllUTfld p"",.",.tk:ularl", Eo.tfIrly of 1M MUt u'e of th" N. W. 1/4
of IItIId Section :11, 162.:J.J,.t; thence S. 78" '16"F.. along tIuI
Southerly u,,, of the 20 Ibot wide ..4__ &J.emflllt. 20.41 -t.
to th" POINT OF BEGINNING.
COtItrJlnlng :1.252 Squarw F""t or a.07S "'''"' marw or I....
SubJ<<:t to E".."."t.. Rrlstrlctlons OtId RfIfIf!ITYIlItIons of Record..
eo/~pu .." e!f~
Eric D. Kuftz FL PSA hi. No. LS. 163
~ A. PRO:~2~ ~ ~~Y~I~~~C.
2223 TRADE CENTER YAY
NAPLES. FLORIDA 34109
LARD SURVftDIQ BUBIRI:BB , 38M
,.!Z8"1"16- 1'=
51.::-- c. ....
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DATE : Auqust 18, 2003
DRAWN BY: EDK SCALE:
SHEET ..L OF..L FILE NO.
N.T.S.
03.0301.01
(i)
Agenda Item No. 17B
July 26, 2005
I PliJ:ie 7 of 53
.:?~EEr of ~
Attachment "A"
PETITION FORM FOR
VACATION OFROAD RIGHT-OF-WAY
~ "eo"" Zoo 5 - 1=J Iz:: 7' 78tP
Date Received: FE?;. q. Z~c:::, Petition #:
,
Petitioner: BaITY L. Birdwell
Address: P. Q. Box 366
City/State: Choko1oskee. Florida
Telephone: 695-4583
Zip Code: 34138
Agent: Richard D. Yovanovich. Esquire
Address: 4001 North Tamiami Trail. Suite 300
City/State: Naples. Florida
Telephone:_ 435-3535
Zip Code: 34103
Road Name: Smallwood Drive flk/a S.R. 29-A
Location: Section 31
Township 535
Range 30E
Plat Book 1
Page(s) 20
Legal Description: See attached
Current Zoning: VR
Reason for Request: See attached
Does this affect density? No
X Yes
DNo
-(
,,~
/ ,... ;;J. L{ -0 \
Date
!<tAr-en S.L3iydwe.../f
Print Name
Co - Ow/i/ee
(Title)
Please see "Policy and Procedure on the Closing and Vacation of Road Right-of-VVay" for the list of
supportive materials which must accompany this petition, and deliver or mail to:
Communit)! Development & Environmental Services Division
Planning Services Department
2800 North Horseshoe Dr.
Naples, Florida 34104
(1) If applicant is a land trust, indicate the name of beneficiaries.
(2) If applicant is a corporation other than a public corporation, indicate the name of officers and
major stockholders.
(3) If applicant is a partnership, limited partnership or other business e:ntity, indicate the name of
principals.
(4) List all other owners.
Attachment "A"
Page 1 of4
(i)
Agenda Item No. 178
July 26, 2005
Page 8 of 53
':? ~EEI Z' of z:.
Attachment "A"
PETITION FORM FOR
VACATION OFROAD RIGHT-OF-WAY
A\I-eolLlzoa5 - t:1 rz'1'1eep
Date Received: fv11=1lZ. q zc:r::,4- Petition #:
,
Petitioner: Barry L. Birdwell
Address: P. O. Box 366
City/State: Chokoloskee. Florida
Telephone: 695-4583
Zip Code: 34138
Agent: Richard D. Y ovanovich. Esquire
Address: 4001 North Tamiami Tmil. Suite 300
City/State: Naples. Florida
Telephone: 435-3535
Zip Code: 34103
Road Name: Smallwood Drive f/k/a S.R. 29-A
Location: Section 31
Township 53S
Range 30E
Plat Book I
Page(s) 20
Legal Description: See attached
Current Zoning: VR
Reason for Request: See attached
Does this affect density? No
I hereby authorize Agent above to represent me for this petition:
11 ~ ;j4ff
Signat~etitioner
X Yes DNo
oJ- / St D J
Da e
B"'r~ L
Print Nam
'B: rJIA I~J (
(Title)
Please see "Policy and Procedure on the Closing and Vacation of Road Right-of-Way" for the list of
supportive materials which must accompany this petition, and deliver or mail to:
Community Development & Environmental Services Division
Planning Services Department
2800 North Horseshoe Dr.
Naples, Florida 34104
(1) If applicant is a land trust, indicate the name of beneficiaries.
(2) If applicant is a corporation other than a public corporation, indicate the name of officers and
major stockholders.
(3) If applicant is a partnership, limited partnership or other business entity, indicate the name of
principals.
(4) List all other owners.
Attachment "A"
Page lof4
Agenda Item No. 178
July 26, 2005
Page 9 of 53
Official Receipt - Collier County Board of County Commissioners
CDPR1103 . Official Receipt
Trans Number
574491
Date
6/8/2005 11 :19:11 AM
Post Date
6/8/2005
Nbr
Appl Name: RICHARD YOVANOVICH. ESQUIRE
Appl Stage/Status: REVIEW STAGE NO. 1/PENDING
Address: 4001 NORTH TAMIAMI TRAIL SUITE 300 NAPLES FL 34103
Proj Name: BIRDWELL EASEMENT VACATION
Type: RSF T AZ: 285
Subdiv Nbr: 281
Project Nbr: 2005060012
Payor: GOODLETTE COLEMAN
Fee Information
GL Account
13113832632910000000
Total
Amount Waived
$1000.00
$1000.00
Payments
Pa ment Code
CHECK
Account/Check Number
41322
Total Cash
Total Non-Cash
Amount
$1000.00
$0.001
$1000.00
$1000.00 I
Total Paid
Memo:
Cashierllocation: MCCAULEYKATY I 1
User: WILLOUGHBY_C
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
Printed:6/8/2005 11: 19:34 AM
frepared by: JoAnne Iorio
Return to: Attn: Post Closing Department
Lawyers Title Ins. Corp.
5150 Tamiami Trail Ste 207
Naples, Fl. 34103
23.9-6U-4244
Case No.: ..g30S344)
-... ,.-
ttt 3203985 OR: 3318 PG: 0439 ttt
ocou.t 1a OnICW. UCOIDS of COLUlI COUln, n
"/17/2ta3 It 10:03M DlIGIf I, llOCI, CIoW
COJS 155"0.0'
DC m 6.01
DOC-,70 1785.08
IltA:
LAmlS TIm DSUWCI co..
INDIVUl11AL WARRAH'l'l/' DEm PIC! UP
This warranty Deed made on June 16, 2003 ~ v3241416 OR: 3371 PG: 0383 v
IICOIDD JJ amcw. IICIIIII .f CDLLIJI ClIIft, n
Between Raymond Rewis and Lorna Rewis, husl:l.~_I"'MD II1Il1! I. tlOCl, CJ.IU
De m 11.5'
COPUS 2.H
whose mailing address is: PO Box 15 ',tII~
Chokoloskee, FL .MBS:k r. BIRONELL
34138 . 0 101 '"
hereinafter called the Grantor. and CIOIlIIoOIDI n nUl
Barry L, Birdwell and Karen S. Birdwell, husband and wife
).
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['5. JO ANNE IORIO
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~~~(Wit.) Patti Martin
t;;38
State of Florida
County of Collier
whose mailing address is: 240 smallwood Dr. , PO Box 366
Chokoloskee, FL 34138
hereinafter called the Grantee.
WITNESSETH, that the Grantor, for and in consideration of the sum of Ten
Dollars ($10) and other valuable considerations the receipt whereof is
hereby acknowledged has granted, bargained, and sold unto the Grantee, and
Grantee's successors, and assigns forever, all that certain parcel of land
in the county of Collier . State of Plorida to wit:
A parcel of land in Section 31, Township 53 South, Range 30 East,
Chokoloskee Island, Collier County, Plorida, being portions of Lot 2, Plat
of the West 1/2 of NW 1/4 of unsurveyed Section 31, Township S3 South,
Range 30 East, Plat Book 1, page 20, of the Public Records of Collier
County, Florida, and of the old school property, said land being more
particularly described as follows:
(CONTIN1mD ON rOLLOWDlG P1G:1)
TAX FOLIO NUMBER: 26086960009
and Grantor does ,herel:ly fully warrant title to said land and will defend
the same against the lawful claims of all persons whomsoever, except taxes
for the year 2003 and subsequent years, and restrictions, limitations,
covenants, and easements of record, if anr. ("Grantor and Grantee" are
used herein for singular or plural, the s ngular shall include plural, and
any gender shall include all genders. as context requires.)
in our presence:
- p ~~~;(J",'-:-"
~ -R<-bA~
Lorna Re~
(~
(SEAL~
( SEAL)
(SEAL)
The foregoing instrument is acknowledged before me, on June 16, 2003 by
Raymond Rewis and Lorna Rewis, husband and wife
who is personally known to me or who has/have produced a driver's
liceose(s) as ldentif1cation and did take an oath,
~W~t~::s ~ s~ature an~Official seal in the county and state last
. \ D Lt"! A ~~ My commission expires
o p ic - -: (Affix Notary Seal) 1::."'- MARrnADANIELS
".1 MV COMhlISSKlI<. CCms;l
.",,~, EXP11W1 AIr 13. 31M
,"""'N.'t f'" .................-.
Agenda Item No. 17B
July 26, 2005
Page 10 of 53
ttt OR: 3371 PG: 0384 ttt
(CON'l'INtJID )
From a railroad spike in the center of State Road 29, marking the
Southwest corner of the Northwest quarter of the Northwest 1/4 of
said Section 31, run North 0 degrees 12' 14" East for 148.00 feet
to a spike in the centerline of State Road 29; thence South 78
degrees 11' 16" East for 51.04 feet to a concrete monument on the
East line of State Road 29 for a point of beginning; thence
continue South 78 degrees 11' 16" East for 119.12 feet along the
North line of said Lot 2; thence South 11 degrees 48' 44" West
for 95.14 feet to the Northwest corner of a man-made canal;
thence continue South 11 degrees 48' 44" West for 91.00 feet
along said canal to the Northwest corner of the lands set out in
O. R. Book 692, page 200, said Public Recorda; thence South 26
degrees 30' 34" West for 98.1S4 feet; thence North 75 degrees 26'
18" West for 59.75 feet to the East line of Smallwood Drive (30
feet East of the Range line); thence North 0 degrees 12' 14" East
for 90.54 feet along said East Line of Smallwood Drive to a
concrete monument; thence North 53 degrees 46' 14" East for 6.64
feet; thence South 42 degrees 42' 58" West for 21.53 feet to a
3/4 inch pipe on the said East Line of State Road 29; thence
North 0 degrees 12' 14" East for 190.47 feet to the point of
beginning.
Subject, however, to an easement for ingress and egress over,
along and across the Northerly 20 feet thereof.
Together with any and all riparian rights and rights of ingress
and egress in and to that certain canal abutting the above lands
on the East.
Said lands containing 0.58 acres, more or les8.
Bearings used herein refer to the Range line as being North 0
degrees 12' 14- East.
Agenda Item No. 178
July 26, 2005
Page 11 of 53
Agenda Item No. 178
July 26, 2005
Page 12 of 53
PUBLIC PURPOSE
The general public benefit to be received from the proposed vacation includes the
following:
1. Relieving Collier County of the responsibility for perpetually maintaining this area
to be vacated.
2. Clarifying maintenance responsibility at the intersection due to the abnormal
property boundaries.
3. Returning unnecessary public land to the tax base.
~.j~~ j
Agenda Item No. 17B
July 26, 2005
~ 34 p.4GErff 13 of 53
34. 15/
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SRO 1';0. 10...
SECTION u"Vt--2;iO
STATE ROAD '?oJ.
. Collier COUN'J
QUIT CLAIM DEED
TillS l:dH:::--:TL'HE Made this 30 da~' of June
1!1 ~..,. 1)/'.\".\'1.'1'11 red H. S:::nU....oou. o.nu \lifet <.:1::1.1'D. I;. :.i::-.D.ll.....ood
. A.
:1.' p:II'11c:; of the fii'st pnrt and THE STATE OF FLORJDA, lIS p:u.ty'of the second part.
\\'I1':--:F:~SETI1. Thrit tho t::dd part teG of the Cir~t pnrt, fOl' nnd In eonslderalion or the SI
lor nn" Dollar and nthol' \'.1lunble considerations, paid. rt'ceipt of which is hereby acknowledg
.:.. lH'rr'h~' remise. l'l'I{lIlSC. quit cl:lim nnti con\'cy unto the! part:.. of th~ second part,
'.'11'1',. -""'1" :, nr! :lssigns, all right, t itl!) intore:o;t, claim, :1nd demand which the pnrt teG of
f:!;.~ p:II'l h:1 'rC ill ancl to lhe following described lAnd, situnte. lying and being in the COUI
,.f \:.'11.1 it"!l' . Stnle of Flori.nn. to-wit:
rile We::1t 50 feet of that part of Lo7 2 of SubcU ....inion of wl
~1!" ;7'~~ of 3~':t1on 31, 10Ynship )3 South, Ranee 30 Br.st lo"'~o.tcd ;;orth
'..\1' [;"1'001 Lot. or Tract on Shoj{olookec I olr.nd, 0.11 ac-::ordlI11..: to plat
',d'-':'I~V: r~,~ordcd 1n Plat Joo}: 1 o.t po.gc 20., 1)u~11{~ recol'clo of Col11er
::ml!': t.~' t l"lorid..'1.. Conto.i:lin.::; 0.23 o.':1'c t r.101'!.l or 1e:.:>.
S I ~ f( 1\.\;' j L ~ r "r~; i I:L : j :. U I L i.., ; , . .,
Di~l.ili~. GF R~~H;~. i\ ''''''1
iJL )ll<lP riLL'!. APP 1-:0 \ L0
MAt ~ I b:::4 tiY I M. t.
~hiB deed is Biven upon the Bole and exnress cond1tj
~l:at the described land shall be used. for a public highwE
and no other purpose, a~ only tor 50 lone as same el~ll
uaed as 8 public highway. If such road is not completed
within three (;) years from. the date hereof then this deE
ohall be null and void and the soid land ahal1 rev~.!1.t to
tho Grantors herein, their heirs and Qca1Gns. If, after
ouch.road is completed, it sholl cease to be Dnd funotiol
O~\ a public hiehway from any cause ;';hetever, then said 11
tllel'ein granted shall revert to the ~';1'antor!J, their !leir:
nnu a::Jsicns.
..
- ----------- ._._----~_.._.-
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_...__..._ __... ........ ____._._.._~_... ..... -,_,_'.0___.-' .....-.,..-.-......-.-..-.-.........-.-...._
Agenda Item No. 17B
July 26, 2005
.page 14 of 53
TO HAVE AND TO HOLD THE SAME, tOlcther with all nnd singular the appurtenances
thereto belonclng or in nnywlse incident or app~rtalning. and 01\ the Mtote, right, litle, Interest.
and claim whatsoever or the sllld port1') lbC the Clrst part, In law or In equity to the only proper
use, benefit, and behouf of the said party or the s~cond part, ill successors nnd assign!! lorever.
IN WITNESS WHEREOF. said pa~t1CS of the first part hll va hereunto set thoir
hand s.. and seals.. the date first nbovc wrilten.
Signed, sealed and dell\'ered
in the prl'sence 01:
~J~~
'7'_ ....J, . .... L:'. ~.. 9A /
~ (0-. P't/dLdz1~.,J'
As to:
~'< 71, ~deu4LI
",--d-e-;(! If $,Ju (SEAL)
(SEAL)
(SEAL)
(SEAL)
(SEAL)
A~ 10:
As 10:
STATE QIo'
FL( :U.JA
COUNTY OF... C Cl.r.r LR
Before me personally appeared T'ed R; Smo,Ilwo.od
and.. ... ... C 1 c.ra....N...... Smo.ll.wo.o.d....... _..... .... ......... , his wiCe, to me well known
and known to be the indIviduals described In and who executed the foregoing Instrument, and
acknowled&~d. before me that they executed the same {or the purposes therein expressed. .
~.~~.:.::.\~:.:;. . ..-..........- ..._..-:..:..~._.._.._._....._.__......._....__.._.. .... .. :., wU~t~aldo:
..-=~4~1=~~~~~~==::=-
/ ~~on..IO"~~fir ~m.her said hftsh,arwl.--
; i : ~ESS nt=~~ knd oCticial seal this 30.......... day oL.J'une.. . . 1954
~ 1i~:M ,,'~'j;;; E ~'. /,~~ .. .' - & . .
\'/~'~k:~'!J' Setl}.{~j" Clerk Clrc.~-it..-c.~::~~~W/I;;~?d ~r the County
'1';, &:.....".......~.\.. .,: and State aforc~.t\id. .
'ir~ ,7 C L U \\ . ,~-- M;)1.!c,OmmlSsJoO:.' ,~J~:.
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Parcel
Agendf~~ N8!1~B
July 26, 2005
Page 15 of 53
,-
Collier County Tax Collector
3301 Tamiami Trail East,
Naples, FL 34112-4997
2004 Tax Roll Inquiry System
-
OWNER INFORMATION
Name:IIBIRDWELL, BARRY L & KAREN S
Address:II240 SMALLWOOD DR
Address:IIPO BOX 388
Address:1I I
Address:1I
I Address:llcHOKOLOSKEE, FL 34138-0386
Iv ALUE/EXEMPTIONS I TAX INFORMATION
I Market Value:1I159660 1 County:1!664.49
I Taxable Value:1I159660 I School 51:11604.95 I
I Millage Code:1I216 I Schoolloc:1I388.13 I
I Homestd Ex:llo I City Tax:l!o.oo
I Agricltr Ex:llo I Dependt 11767.47
I IMdow Ex:llo I I Water: 1184.08
I Blind Ex:llo I I Independ:1I0.0o
I Disabled: II 0 I I Voter Appr:llo.oo
I Veteran Ex:llo I I Gross Tax:1I2,509.10
I Wholly Ex:llo I I Appr fee: 110.00
I Civilian Ex:llo I I Advertising: 110.00
I PROPERTY INFORMATION
I Parcel: 1126086960009 II Acre: 110.48
~1240 SMALLWOOD DR, CHOKOLOSKEE (Map)
I Legal:IICHOKOLOSKEE 31 5330 COM SW
I Legal:\ICNR OF NW1/4 OF NW1/4 SEC 31,
I Legal:IIAKA CL SR29, N 148FT, S 78DEG
I Legal:IIE 51.04FT TO POB, + E RIW LI
I PAY TERMS I I PAYMENT INFO
I Nov:1I2,408.74 I I Paid Dt :1102111/05
I Dec: 112,433.83 Recptll101361
I Jan:1I2,458.92 Mach:1109
I Feb:1I2,484.01 paymt: 112,484.01
I Mar:1!2,509.10 Mortllo
I Apr:llo.oo STATUS INFO. I
I May: 110.00
I Now Due:1I0.00 Non Ad Va:IIN I
InstallmentllN I
Deferred:IIN I
I Bankrupt:IIN I
I TDA:llo I
EXTRA LEGAL INFORMATION
SR 29, S 78 DEG E 119.12FT ALG N LI LT2, S 11 DEG W 95.14FTTO NW CNRCANAL, S 11 DEG W 81FT ALG CANAL, S
26DEG W 98.64FT, N 75DEG W 59. 75FT TO E LI SMALLWOOD DR, N 90.54 FT, N 53 DEG E a.54FT, S 42DEGW 21.53FT
TO E Ll SR 29 R1W, N 190.47FT TO POB, OR 814 PG 1178
[~ l~;": I" .~'I ~"'~',''"' 'I
"\i'~~ c./.lk\1.',<i-..<~ I
Last Updated: 5/22/2005 5 :OOprn
"-;M "-~''''''~'''''"'''"7''''''---1
, '
I
i
http://www.colliertax.comIRecordDetail.asp?F olioID=26086960009&Tax Year=
5/23/2005
--</$
~~i
~ I~~~
da Item No. 178
July 26, 2005
Page 16 of 53
/'.- ~
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No 178
Agenda Ite1m26 '2005
Ju y ,
Page 17 of 53
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--
Current Ownership
Folio No.1I26085840007 ~ ~ Property Address. 150 SMALLWOOD DR
AgendJ?~ N8.f1J7B
July 26, 2005
Page '@
Details
I OWner Namel REFERENCE ONLY
Addresses OUTDOOR RESORTS AT CHOKOLOSKEE
ISLAND A CONDOMINIUM
BEG 64710000006
END 64721320005
Country II Foreign Mail Codell .
Legal CHOKOLOSKEE 31 53 30 AS DESC
IN OR 1066 PG 157 NOW OUTDOOR
RESORTS AT CHOKOLOSKEE ISLAND
CONDO OR 1068 PG 136
"For more than four IInel of Leaal Description pleale call the Property Appraiser's Office.
Section Township Range Acres Map No. I Strap No. I
31 53 30 20.75 REF 219100 084.000 REF
Sub No. 219100 CHOKOLOSKEE
-fJ Use Code 4 CONDOMINIUM
2004 Final Tax Roll Latest Sales History
If all Values shown below equal 0 this parcel was created after the Final Tax Roll
Land Value $0.00
(+) Improved Value $0.00
(..) Market Value $0.00
(-) SOH Exempt Value $0.00
(=) Assessed Value $0.00
I (-) Homestead and other Exempt Value $ 0.00
(=) Taxable Value $0.00
Date
Book. Page
Amount
SOH = .Save aUf Homes" exempl value due to cap on assessment
increases.
-
The Information is Updated Weekly.
http://www.collierappraiser.comlRecordDetail.asp?F olioID=000002608 5840007
5/24/2005
Details
Agend~~ NBf1?B
July 26, 2005
Page 19 of 53
Folio No.1126087000007 Miulll
--
Current OWnership
Property Ad dresa II 1300 SNOOK ALY
@
I
Owner Name ZEMANEK, LARRY
Addresses LARRY & MARIANNE DICKINSON
34 NW 99TH ST
City MIAMI SHORES II State II FL H Zlp/l33150.1741
Legal CHOKOLOSKEE 31 53 30 COM SW
CNR OF NW1f4 OF NW1f4, N148FT,
S 78DEG E 51.04FT TO EL Y RIW
SR29 CaNT S 78DEG E 303.12FT
'For more than four lines of Legal Description pleaae call tha Property Appraiser's Office.
Section II Township II Range Acres Strap No.
31 53 30 0.15 219100086.0048F31
Sub No. : 219100 CHOKOLOSKEE '1lMIlllge
'1l Use Code 2 MOBilE HOMES 15.7153
Land Value S 95,460.00
I (+) Improved Value S 22,868.00
(-) Market Value S 118,328.00
(-) SOH Exempt Value $0.00
(e) Assessed Value $ 118,328.00
(-) Homestead and other Exempt Value $0.00
(=) Taxable Value $118,328.00
2004 Final Tax Roll Latest Sales History
If all Values shown below equal 0 this parcel was created after the Final Tax Roll
10~~~5 I ::: ~ :;:: ~ AmOUn\ 0.00 I
SOH.. "Save Our Homes" exempt value due to cap on assessment
increases.
--
The Informalion is Updated Weekly.
http://www.collierappraiser.comIRecordDetail.asp?FolioID=0000026087000007
5/24/2005
Details
Agendc?rmm N8fhB
July 26, 2005
Page 20 of 53
--
Current Ownership
Folio No.1126087120000 MG. II Property Addreaall1298 SNOOK AL Y
@
Owner Name ZEMANEK, LARRY
Addresses LARRY & MARIANNE DICKINSON
34 NW 99TH ST
City MIAMI SHORES H State II FL \I ZlpIl33150.1741
Legal CHOKOLOSKEE 31 53 30 FROM CTR
SR29 MARKING SW CNR OF NW 1/4
OF NW1/4, RUN N 148FT, S78
DEG E51.04FT, S78 DEG
.For more than four lines of Legal Description please call the Property Appraiser's Office.
Section II Township Range Acres Map No.
31 53 30 0.14 8F31
Sub No. II 219100 ~ CHOKOLOSKEE
"'!J Use Code I 0 VACANT RESIDENTIAL
Land Value $ 94,350.00
(+) Improved Value $0.00
(=) Market Value $ 94,350.00
(-) SOH Exempt Value $0.00
(II) Assessed Value $ 94,350.00
(-) Homestead and other Exempt Value $0.00
(=) Taxable Value $ 94,350.00
2004 Final Tax Roll Latest Sales History
If all Values shown below equal 0 this parcel was created after the Final Tax Roll
Date I
10/1995
Amount I
$0.00
Book - Page
2~_.~...1Hli
SOH = "Save OUf Homes" exempt value due to cap on assessment
increases.
IIIIIIII
The Infonnation is Updated Weekly.
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AgendJ>~~ ~8.q7B
July 26, 2005
Page 21 of 53
Falla No.1I26087080001 MaR II
--
Current Ownership
Property Add.....111296 SNOOK ALY
@
Owner Name POWELL, PAUL=& CANDYS MARIE
Addresses PO BOX 917
City CHOKOLOSKEE II State II FL II Zlpll34138 - 0917
Legalll CHOKOLOSKEE 31 53 30 FROM CTR
SW CNR OF NW 1/4
II OF NW1/4, RUN N148FT, S78 CEG
II E51.04FT, S78 CEG E FOR
II"For more than four lines of Legal Description please call the Property Appraiser's Office.
Section
31
Acres
0.14
Sub No.
'1J Use Code
CHOKOLOSKEE
SINGLE FAMILY RESIDENTIAL
Land Value S 94,794.00
(+) Improved Value S 74,927.00
(=) Market Value $169,721.00
(-) SOH Exempt Value $ 63,614.00
(=) Assessed Value S 106,107.00
(-) Homestead and other Exempt Value S 25,000.00
(-) Taxable Value $ 61,107.00
2004 Final Tax Roll Latest Sales History
If all Values shown below equal 0 this parcel was created after the Final Tax Roll
01 ~~~96 I :: ~ :;:: II Am;~;~ooo.oo I
SOH.. .Save Our Homes" exempt value due to cap on assessment
in creases.
-
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Agendaljt~ N891B
July 26, 2005
Page 22 of 53
--
Current Ownership
Folio No.11 26087040009 M.ap U Property Add I"88S II 1294 SNOOK AL Y
@
A
ERD
State DE
Zip 19958 - 4412
CHOKOLOSKEE 31 53 30 COM SW
R OF NW1/4 OF NW1/4, N 148FT
578 DEG E FOR 51.04FT, CONT
578 DEG E119.12FT TO POB,
For more than four lines of Legal Description please call the Property Appraiser'. Office.
Section II Township Acre. Strap No.
31 53 0.13 219100086.0058F31
Sub No. I 219100 I CHOKOLOSKEE ~ Mlllaae
~ Use Code 7 RET. HOMES & MISC. RESIDENCES 15.7153
2004 Final Tax Roll Latest Sales History
If all Values shown below equal 0 this parcel was created after the Final Tax Roll
Land Value $ 94,406.00
(+) Improved Value $ 25.00
t=1 Market Value $ 94,431.00
(-) SOH ExemDt Value $ 0.00
(=) Assessed Value $ 94,431.00
(-) Homestead and other Exempt Value $ 0.00
(=1 Taxable Value $ 94,431.00
Date Book - Page Amount
07 I 2003 3.3.3.6..., 4.33 S 125,000.00
08 I 2001 2870 - 883 $110,000.00
03 I 2000 2652 - 301 $ 75,000.00
SOH = "Save Our Homes. exempt value due to cap on assessmenl
increases.
....
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AgendfR&~ ~g~ hB
July 26, 2005
Page 23 of 53
Folio No.1I26088880008 MAp II
--
Current Ownership
Property AddreuR 1291 CHOKOLOSKEE DR E
(f)
I
Owner Name HENERY, MAURICE=& DOROTHY B
Addresses 250 N MAYFLOWER RD
City LAKE FOREST II StatelllL II zipll 80045 - 2425
Legal CHOKOLOSKEE 31 53 30 COM R1R
SPIKE IN CTR SR29 MARKING SW
CNR OF NW1/4 OF NW1/4 SEC 31,N
148FT, S 78 DEG E 51.04FT, S
"For more than four lines of Legal Description please can the Property Appraiser's Office.
Section II Township I Range Acres
31 53 30 0.17
Sub No. ~ 219100 I CHOKOLOSKEE
"!J Use Code 1
SINGLE FAMILY RESIDENTIAL
Land Value $116,560.00
(+) ImDroved Value $ 105,911.00
(=) Market Value $ 222,471.00
H SOH ExemDt Value $0.00
(=) Assessed Value $ 222,471.00
H Homestead and other Exempt Value $0.00
(=) Taxable Value $ 222,471.00
2004 Final Tax Roll Latest Sales History
If all Values shown below equal 0 this parcel was created after the Final Tax Roll
110~~~93 I :~
Amount
$ 135,000.00
SOH = .Save Our Homes. exempt value due to cap on assessment
increases.
-
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Agendfffg~ ~g~1\B
July 26, 2005
Page 24 of 53
-
Current Ownership
Folio No.~ 26086920001 Mal2 U Property AddI'Hsl11295 CHOKOLOSKEE DR E
@
I
Owner Name WEllS, JERRY W=& BERNITA T
Addresses 355 PARK SHORE DR # 101
City NAPLES II Statell FL II zipD 34103 - 2617
Legal CHOKOLOSKEE 31 53 30 COM R1R
SPIKE IN CTR SR29, MARKING SW
F NW114 OF NW114 SEC 31,N
148FT, S 78DEG E 51.04FT, S
'For more than four lines of Legal Description please call the Property Appraiser's Office.
Section
31
Acres
0.17
Sub No.
-t Use Code
CHOKOlOSKEE
SINGLE FAMILY RESIDENTIAL
2004 Final Tax Roll Latest Sales History
If all Values shown below equal 0 this parcel was created after the final Tax Roll
Land Value $115,155.00
(+) Improved Value $115,731.00
(=) Market Value $ 230,886.00
(-) SOH Exempt Value $0.00
(=) Assessed Value $ 230,886.00
(-) Homestead and other Exempt Value $0.00
(=) Taxable Value $ 230,886.00
Book - Page
2038 . 2175
Amount
$ 60,000.00
SOH = "Save Our Homes" exempt value due to cap on assessment
increases.
-
The Information is Updated Weekly.
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AgendfH~~ ~8~ hB
July 26, 2005
Page 25 of 53
,-
Folio NO.~ 26085960000 Map II
--
Current Ownership
Property Add.....I!1299 CHOKOLOSKEE DR E
(ii)
Owner Name DICKINSON, LARRY"& MARIANNE
Addre.... 17 SULLIVAN DR
City LAKE GEORGE II Statell NY II ZlpR 12845 . 4313
Legal CHOKOLOSKEE 31 53 30 COMM AT
SW CNR OF NW114 OF NW114,
S124.38FT, S75 DEG E248.82FT,
N14 DEG E89FT TO POB, S75 DEG .
For more than four line. of Legal Description please cali the Property Appraiser's Office.
Section II Township II Range ~ Acres ~ Map No. I Strap No.
31 53 30 0.12 8F31 219100085.0028F31
Sub No. 11 219100 II CHOKOLOSKEE I 01\ Mlllaae Area ~ -1J Millage
01\ Use Code 2 MOBILE HOMES 216 15.7153
2004 Final Tax Roll Latest Sales History
If all Values shown below equal 0 this parcel was created after the Final Tax Roll
Land Value $ 78,625.00
(+) Improved Value $ 46,945.00
(=) Market Value $ 125.570.00
I (-) SOH Exempt Value $0.00
(=) Assessed Value $125,570.00
(-) Homestead and other Exempt Value $0.00
(=) Taxable Value $125,570.00
Date II
Book - Page
Amount
SOH = "Save Our Homes" exempt value due to cap on assessment
increases.
--
The Information is Updated Weekly.
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AgendJ?~ ~8.97B
July 26, 2005
Page 26 of 53
Folio No.1126086000008 MAA II
--
Current Ownership
Property Addressl11303 CHOKOLOSKEE DR E
@
I
Owner Name SHAUGHNESSY, TERRANCE PATRICK
Addresses PO BOX 397
City CHOKOLOSKEE " State II FL II Zipll34138 - 0397
Legal CHOKOLOSKEE 31 53 30 COM CL SW
CNR OF NW114 OF NW1/4 SEC 31,
S124.38FT, S75 DEG E248.82FT,
N14 DEG E79.5 FT, S75 DEG
"For more than four lines of Legal Description please call the Property ApPl'llller's Office.
Section
31
Township
53
Acres
0.12
Sub No.
-'e Use Code
219100
1
CHOKOLOSKEE
SINGLE FAMILY RESIDENTIAL
2004 Final Tax Roll Latest Sales History
If all Values shown below equal 0 this parcel was created after the Final Tax Roll
Land Value $ 78,625.00
(+) Improved Value $ 101,989.00
(=) Market Value $ 180,614.00
(-I SOH Exempt Value $ 0.00
(=) Assessed Value $ 180,614.00
(-) Homestead and other Exempt Value $ 0.00
(=) Taxable Value $ 180,614.00
Date Book. Page Amount
12/2004 3l9j" 3..3~ $0.00
08/1998 2452 - 1170 $ 28,000.00
08/1998 2452.1168 $ 0.00
SOH" 'Save Our Homes' exempt value due to cap on assessment
increases.
-
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Agendf~~ N8.97B
July 26, 2005
Page 27 of 53
Folio No.1I26085920008 Mm
o
Owner Name CAMP ET Al, WilLIAM M
Addresses % JERRY HERMANSON
2517 NE 27TH AVE
City FORT LAUDERDALE II State II Fl 11 ziDII 33305 . 1709
Legal CHOKOlOSKEE 31 5330 COM SW
CNR OF NW1/4 OF NW1/4, S
124.38FT, S 75 DEG E
348.82FT. S 14 DEG W 14FT TO
'For more than four lines of Legal Description please call the Property Appraiser's Office.
Section II Township Range Acres Map No.
31 53 30 0.13 8F31
Sub No. II 219100 I CHOKOlOSKEE .." I
.." Use Code I 1 SINGLE FAMilY RESIDENTIAL 216
2004 Final Tax Roll Latest Sales History
If all Values shown below equal 0 this parcel was created after the Final Tax Roll
Land Value $ 89,780.00
('t') ImDroved Value $101,000.00
(e) Market Value $ 190,780.00
H SOH Exempt Value $0.00
(=) Assessed Value $190,780.00
(-) Homestead and other Exempt Value $0.00
1=) Taxable Value $ 190,780.00
Date Book - Paae Amount
12/1995 Z1U_~~ $ 0.00
12/1995 213.0"_8-18 $ 165,000.00
SOH" "Save Our Homes" exempt value due to cap on assessment
Increases.
-
The Information is Updaled Weekly.
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AgendJ>~ N8.97B
July 26, 2005
Page 28 of 53
Folio No.1126086760005 Maslll
-
Current Ownership
Property Address II 265 GATOR LN
o
I
COCHRAN, DONALD N=& KAREN M
AMES J=& MARCIA C MCMAHON
o BOX 510
CHOKOLOSKEE State FL
Zip 34138 - 0510
Legal CHOKOLOSKEE 31 53 30 COM SW
CNR OF NW1/4 OF NW1/4, AT RR
SPIKE ON RANGE LINE CENTER RD
29, S 186.31FT, S 75 DEG E
"For more than four IIne8 of Legal Description please call the Property Appraiser's Office.
Section
31
Township
53
Acres
0.33
Map No.
8F31
Sub No.
-t Use Code
219100
o
I CHOKOLOSKEE
I VACANT RESIDENTIAL
-t~
15.7153
2004 Final Tax Roll Latest Sales History
If all Values shown below equal 0 this parcel was created after the Final Tax Roll
Land Value $ 76,200.00
(+) Improved Value $ 0.00
(=) Market Value S 76,200.00
(-) SOH Exempt Value $0.00
(=) Assessed Value S 76,200.00
(-) Homestead and other Exempt Value SO.OO
(=) Taxable Value S 76,200.00
Book - Page
357.1-_254>>
Amount
$ 149,800.00
SOH = "Save Our Homes. exempt value due to cap on assessment
increases.
-
The Infannation is Updated Weekly.
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AgendaPIt~ N8.f1~B
July 26, 2005
Page 29 of 53
Folio No.1I 26086800004 MaR II
-
Current Ownership
Property Addressl126D SMALLWOOD DR
~
Owner Name COCHRAN, DONALD N=& KAREN M
Addrenes JAMES J=& MARCIA C MCMAHON
PO BOX 510
City CHOKOLOSKEE II Statell FL II zlDII34138 - 0510
Legal CHOKOLOSKEE 31 53 30 COM SW
CNR OF NW1/4 OF NW1/4 SEC 31,
5 186.31 FT, 5 75 DEG E 3D.96FT
& POB, S 75 DEG E 102.50FT,
"For more than four Iin.. of Legal Description please call the Property Appraiser's Office.
Section II Township I Range II Acres
31 53 30 0.2
Sub No. 219100 CHOKOLOSKEE ~ Millage Area
-tU~ 0 VACANT RESIDENTIAL 216
2004 Final Tax Roll Latest Sales History
If all Values shown below equal 0 this parcel was created after the Final Tax Roll
Land Value $ 50,700.00
(i-) Improved Value S 0.00
(=1 Market Value $ 50,700.00
(-I SOH Exemot Value $0.00
(=) Assessed Value $ 50,700.00
(-) Homestead and other Exempt Value $ 0.00
(=) Taxable Value $ 50,700.00
Book - Page
35n."~_8
Amount
S 149,800.00
SOH = "Save Our Homes. exempt value due to cap on assessment
increases.
-
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Agendl!t~ ~gf1~8
July 26, 2005
Page 30 of 53
Folio No.1I26088440006 MaR II
-
Current Ownership
Property Address~ 284 SMALLWOOD DR
@
I
I Owner Namel CHURCH OF GOD TR
I Addressesl PO BOX 1469
I cityl CHOKOLOSKEE II Statell Fl II Zipl134138 -
Legal CHOKOLOSKEE 315330 COMM AT
SW CNR OF NW114 OF NW1/4, S
1283.3FT, 5 83 DEG E 30.21 FT
TO POB, 5 100FT,S 83 DEG E
For more than four lines of Legal Description please call the Property Appraiser's Office.
Section Township II Range Acres I Map No.
31 53 30 0.23 8F31
219100 CHOKOlOSKEE ~
75 INSTITUTIONAL 216
2004 Final Tax Roll Latest Sales History
If all Values shown below equal 0 this parcel was created after the Final Tax Roll
Land Value $ 54,600.00
(+) Improved Value $ 100,776.00
(=) Market Value $ 155,376.00
(-) SOH Exempt Value $0.00
(..) Assessed Value $ 155,376.00
(-) Homestead and other Exempt Value $ 155,376.00
(=) Taxable Value $0.00
Date II
Book - Page
II
Amount
SOH = .Save Our Homes" exempt value due to cap on assessment
increases.
--
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Agendjft~ N8~ flS
July 26, 2005
Page 31 of 53
Folio No.1I 26082040004 MaR II
--
Current Ownership
Property Addressl1261 SMALLWOOD DR
~
Owner Name CHOKOLOSKEE ONE L TD
Addresses PO BOX 388
City CHOKOLOSKEE II StatellFL II Z1pll34138 - 0388
Legal CHOKOLOSKEE 36 53 29 COM HE
CNR OF SE1/4 OF NE1/4, 512'14"
W 263.69FT, N 89DEG 47'46"W 30
FT TO POB, S12'14"W 104.74FT,
"For more than four lines of Legal Description please call the Properly Appraiser's Office.
2004 Final Tax Roll Latest Sales History
If all Values shown below equal 0 this parcel was created after the Final Tax Roll
Land Value $ 50,393.00
(+) Improved Value $0.00
(=) Market Value $ 50,393.00
(-) SOH Exempt Value $0.00
(=) Assessed Value $ 50,393.00
(-) Homestead and other Exempt Value $0.00
(=) Taxable Value $ 50,393.00
Date Book. Paae Amount
12/1998 2.49t,.2.6.9(1 $0.00
12/1998 2491 - 2691 $0.00
01/1996 2138 -1656 $110,000.00
05/1995 2058 - 383 $ 80,000.00
SOH = "Save Our Homes' exempt value due to cap on assessment
increases.
--
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AgendJ>~ N8r1~B
July 26, 2005
Page 32 of 53
Folio No.1 26082800558 ~
cv
I Owner Namel CHOKOLOSKE ONE L TO
I Addressesl PO BOX 388
I City I CHOKOlOSKEE II Statell Fl H Zipll34138.0388
legal CHOKOLOSKEE 36 53 29 COM NE
CNR OF SE1J4 OF NE1/4, 512'14"
W 263.69FT, N 890EG 47'46"W 30
FT TO POB, N 790EG 48'55"W
"For more than four linea of Legal Description please call the Property Appraiser's Office.
Section Township :1 Range :: Acres ~ Map No. I Strap No.
36 53 29 0.25 8E36 219100024.0348E36
219100 I CHOKOLOSKEE I '1J Millage Area ~ -t~
0 VACANT RESIDENTIAL 216 15.7153
Land Value $ 51,747.00
(+) Improved Value $ 0.00
(=) Market Value $ 51,747.00
I (-I SOH Exempt Value $ 0.00
(=) Assessed Value $ 51,747.00
(-) Homestead and other Exempt Value $0.00
(:II) Taxable Value $ 51,747.00
2004 Final Tax Roll Latest Sales History
If all Values shown below equal 0 this parcel was created after the Final Tax Roll
112~~~98 ~ ~::~ ~:::: :
Amount I
$0.00
SOH = 'Save Our Homes" exempt value due to cap on assessment
increases.
-
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Agendf~~ N8~ hs
July 26, 2005
Page 33 of 53
Folio No.11 28082280000 MIR II
--
Current Ownership
Properly Addressl1238 WORLEY ST
(f)
I
I Owner Namel CHOLOLOSKEE ONE L TO
I Addresses\ PO BOX 388 II Statell FI.. II Zlpll 34138. 0388
City CHOKOI..OSKEE
Legal CHOKOLOSKEE 36 53 29 COM HE
I CNR OF SE1/4 OF NE1/4, N89DEG
31'19"W 50FT TO POB, S 12'14"W
100.39FT, N 530EG 48'6"E 24.85
'For more than four line. of Legal Delcription pleue call the Property Appraiser's Office.
Section ~ Township Acres
36 53 0.16
Sub No. II 219100 I CHOKOLOSKEE -tMillagt
-t Use Code 0 VACANT RESIDENTIAL 15.7153
2004 Final Tax Roll Latest Sales History
If all Values shown below equal 0 this parcel was created after the Final Tax Roll
Land Value $ 46,150.00
. (+) ImDroved Value $0.00
(=) Market Value $ 48,150.00
(-) SOH ExemDt Value $0.00
(D) Assessed Value $ 46,150.00
I H Homestead and other Exempt Value $0.00
(=) Taxable Value $ 46,150.00
Date Book - Paae Amount
12/1998 2411L~ $0.00
1211998 2491 - 2691 $0.00
0111996 2138 -1656 $ 110,000.00
SOH" 'Save Our Homes' exempt value due to cap on assessment
increases.
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Folio No.1126082800008 M>lR II
.....
Current Ownership
Property Addressll221 SMALLWOOD DR
Agendi~&r, N8.97B
July 26, 2005
Page 34 of 53
I Owner Namel BROWNS TR, THOMAS R
I Addresses/2662 AIRPORT RD S Stetell FL II ZIpll34112 - 4885
City NAPLES II
tQ
Legal I CHOKOLOSKEE 36 53 29 UNREC'D I
TR "B" IN lOT 5 DESC AS: COM
RR SPIKE & CTR RD 29 BEING SE
CNR NE1/4 OF NE1/4, N 89 DEG
'For more thin four linea of Legal Description please call the Property Appraiser's Office.
Section
36
Acres
0.21
Sub No.
--t Use Code
219100
o
CHOKOLOSKEE
VACANT RESIDENTIAL
2004 Final Tax Roll Latest Sales History
If all Values shown below equal 0 this parcel was created after the Final Tax Roll
Land Value $ 40,225.00
(+) Improved Value $0,00
(=) Market Value $ 40,225.00
(-) SOH ExemDt Value $ 0.00
(=) Assessed Value $ 40,225.00
(-) Homestead and other Exempt Value $0.00
(=) Taxable Value $ 40,225.00
Date II
Book - Page
Amount
SOH = .Save Our Homes. exempt value due to cap on assessment
increases.
...
The Information is Updated Weekly.
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AgendaP~€ffi ~gf1~B
July 26, 2005
Page 35 of 53
Folio No.1126082080006 MllP- I
--
Current Ownership
Property Addl'll8sll211 SMALLWOOD DR
o
I
Owner Name WILLIAMS, GERALD-& LORRAINE
Addresses 211 SMALLWOOD OR
citY CHOKOLOSKEE n StatellFL 11 zipl134138 - 0000
Legal CHOKOLOSKEE 36 53 29 COM SE
CNR OF NE1/4 OF NE1/4 SEC 36,
N 62.5FT, N 89DEG W 50FT TO
POB, N 89 DEG W 103.27FT, N
.For more than four lines af Legal Description please call the Property Appraiser's Office.
Section ~ Township 11 Range II Acres
36 53 29 0.18
Sub No. I 219100 CHOKOLOSKEE I "tl Millage Area II -tMID.a9J.
-t Use Code 1 SINGLE FAMILY RESIDENTIAL 216 15.7153
2004 Final Tax Roll Latest Sales History
If all Values shown below equal 0 this parcel was created after the Final Tax Roll
Land Value $ 48,874.00
("'llmDroved Value $114,776.00
(-) Market Value $ 163,650.00
(-) SOH ExemDt Value $0.00
(Ill) Assessed Value $ 163,650.00
(-) Homestead and other Exempt Value $ 25,000.00
(=) Taxable Value $ 138,650.00
Date Book - Paae Amount
04/ 2005 3769 - 985 $ 410,000.00
03 / 2003 ~~ $0.00
10/1993 1874 - 1702 $0.00
SOH = .Save Our Homes" exempt value due to cap on assessment
increases.
--
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AgendaIJ~~ ~gf1~B
July 26, 2005
Page 36 of 53
Folio No.1I26081640201 MJW II
11IIII
Current Ownership
Property Addressl1201 SMALLWOOD DR
@
Owner Name VALDES, CARLOS=& DULCE
Addresses PO BOX 369
City EVERGLADES CITY II Statell FL 11 ZipR 34139 - 0369
Legal CHOKOLOSKEE 36 53 29 COM AT SE
CNR LOT 1, N126.92FT, NB9DEG
W 50FT & POB, S 57.56FT TO PT
ON CURVE TO NW, THENCE ALG
'For more than four lines of Legal Deecrlptlon pleaee can the Property Appraiser's Office.
Section I Township II Range II Acres
36 53 29 0.23
Sub No. 219100 CHOKOLOSKEE
-11~~ 10 VACANT COMMERCIAL
2004 Final Tax Roll Latest Sales History
If all Values shown below equal 0 this parcel was created after the Final Tax Roll
Land Value $ 40,456.00
(+) Improved Value $0.00
(=) Market Value $ 40,456.00
(-) SOH Exempt Value $ 0.00
(=) Assessed Value $ 40,456.00
(-) Homestead and other Exempt Value $0.00
(=) Taxable Value $ 40,456.00
Date Book - Paae Amount
10/2003 3<4_34_:..146Q $ 200,000.00
07/1994 1969 - 1792 $ 0.00
SOH = "Save Our Homes" exempt value due to cap on assessment
increases.
-
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Details
AgendfitSR, ~8! 178
July 26, 2005
Page 37 of 53
Folio No.1I26081640104 ~ II
-
Current OWnership
Property Addre..1I195 SMALLWOOD DR
@
I
Owner Name VALDES, CARLOS=& DULCE
Addresses PO BOX 369
City EVERGLADES CITY 1\ State II FL n Zlpll34139 - 0369
Legal CHOKOLOSKEE 36 53 29 COM AT SE
CNR LOT 1, N 244.96FT, N89DEG
W 50FT & POB, S 118.04FT, N89
DEG W 119.05FT, N23DEG E
I'For more than four lines of Legal Description please can the Property Appraiser's Office.
Section ~ Township 1\ Range 1\ Acres
36 53 29 0.25
Sub No. II 219100 I CHOKOLOSKEE
-t Use Code 25 IMPROVED COMMERCIAL
2004 Final Tax Roll Latest Sales History
If all Values shown below equal 0 this parcel was created after the Final Tax Roll
Land Value $ 44,000.00
(+) Improved Value $ 66,809.00
(=) Market Value $110,809.00
(-) SOH Exempt Value $0.00
(=) Assessed Value $110,809.00
(-) Homestead and other Exempt Value $0.00
(=) Taxable Value $ 110,809.00
Date Book - Palle Amount
10/2003 ~~-HU $ 200,000.00
07/1994 1969 -1792 $0.00
SOH" .Save Our Homes. exempt value due to cap on assessment
increases.
--
The Infonnatian is Updated Weekly.
http://www.collierappraiser.com/RecordDetai1.asp?F olioID=0000026081640 104
5/2412005
GOODLETTE COLEMAN & JOHNSON, P.A.
ATTORNEYS AT LAW
Agenda Item No. 178
July 26, 2005
Page 38 of 53
.'
Kevin G. Coleman
J. Dudley Goodlette
Kenneth R. Johnson
Richard D. Yovanovich
Harold 1. Webre, III
Edmond E. Koester
Linda C. Brinkman
Craig D. Grider
Gregory L. Urbancic
Matthew L. Grabinski
Northern Trust Bank Building
4001 Tamiami Trail North
Naples, Florida 34103
(941) 435-3535
(941) 435-1218 Facsimile
Writer's e-mail: ryovanovich((il&!cilaw.com
October 3, 2003
Via U.S. Mail
Stan Chrzanowski
Collier County Engineering Review
Collier County Development Services
2800 North Horseshoe Drive
Naples, Florida 34104
RE: Vacation of Road Right-of-Way
Smallwood Drive f/kJa S.R. 29-A
Folio Number 26086960009
Dear Mr. Chrzanowski:
Please allow this correspondence to serve as a request for a Letter of No Objection from Collier County
Engineering Review for vacation of road right-of-way for the above referenced property which is located in
Chokoloskee. The parcel is located within Section 31, Township 53S, Range 30E. To the best of our
knowledge, there are no existing or planned utility infrastructure within the proposed vacation of road
right-of-way. For your use and ease of reference, please find enclosed a copy of the site.
The proposed vacation is being submitted to Collier County shortly. Accordingly, we need to receive your
Letter of No Objection as soon as possible. Pursuant to the requirements of the County's Peblfon ror
Vacation of Road Right-of-Way, we are requesting that you sign below as written indication of No
Objection to the Vacation of the road right-of-way.
I thank you in advance for your prompt response. Upon your receipt and review, should you have any
questions or require additional information, please do not hesitate to call our office.
SHe f ttJF Z
14"Z814~
Very truly yours,
~tP
Richard D. Yovanovich (
RDY:smc
#
u(~\
A ~ S t<... ,~
~
....-
I have no objection to the proposed vacation of road right-of-way.
-
S1NI;CT Zdp 2.
e(Z8/d 3
Agenda Item No. 17B
July 26, 2005
Page 39 of 53
GOODLETTE COLE~AN
Fax:239-435-1638
Sep 3 2004
7:25 p 02
Agenda Item No. 178
July 26, 2005
Page 40 of 53.
COLLIER COUNTY GOVERNl\1ENT
TRANSPORT ATJON PLANNING DEPARTMENT
TRANSPORTATION SERVICES DIVISION
2675 SOlITH HORSESHOE DRIVE, SUITE 401
NAPLES, FL 34104
(239) 774-8192
FAX; (239) 774-9370
August 31, 2004
Mr. Richard Y ovanovich
Goodlette Coleman & Johnson, P .A.
4001 Tamiami Trail North
Naples, FL 34103
..~.. --- --.. --- ..- ---- ...----..-.
--.-..--..--..-
RE: Vacation of Road Right-of-Way
Smallwood Drive flk/a SR 29-A
Barry Birdwell
Dear Mr. Yovanovich:
Ibis letter is sent to confinn that we do not have an objection to vacating the right-of-way on
Smallwood Drive contlnient on the construction of a five-foot concrete sidewalk in front of the
property owned by the petitioner. The building of a sidewalk will meet the need that we would
have for this right-of-way. If the petitioner's property is subdivided then a sidewalk will be built
as each individual lot is developed.
Please feel free to contact me at 213-5831 if you have any questions regarding this letter.
Sincerely,
>YoM M
Donald Scott, AICP
Transportation Planning
cc: Norman Feder
Rick Grigg
~O<O
~btriff
J,
.1.'.1"
, ....~<~~r:.?:~~'e.
,~. .,~ ;'";:\.. ..~.
"--~':'''-
11~". ?~
bi;? ..,~~~
Agenda Item No. 17B
July 26, 2005
Page 41 of 53
SHERIFF DON HUNTER o COLLIER COUNTY
3301 Tamlami Trail East, Bldg. J, Naples, FL 34112
(941) 774.4434 www.colliersheriff.org
November 4, 2003
Mr. Richard 0 Yovanovich
Goodlette Coleman & Johnson, P.A.
Northern Trust Bank Building
4001 Tamiami Trail North
Naples, Florida 34103
RE: Petition to vacate a road right-of-way, Smallwood Drive 8.R. 29-A, Folio Number
26086060009.
Dear Mr. Yovanovich:
Staff has reviewed your request for a letter of "No Objection" for the above described
project. The particular vacation is as described in your letter of October 3, 2003: to vacate
a road right-ot-way on a parcel located within Section 31, Township 53S, Range 30E at
Snook Alley and Smallwood Drive.
The Sheriffs Office reviews these requests to determine it the granting of the
vacation will have any foreseeable negative effect on our ability to provide law enforcement
services to the area. These services include emergency response, patrol, and traffic
enforcement.
So long as the vacation, either now or in the Mure, does not impinge on our ability
to deliver these services, the Collier County Sheriffs Office has "No Objection" to the
granting of your request.
If the agency can be of any further service, please advise.
- ;>
DH:gy/dv
FHe
"The duty of the Collier County Sheriff's Office is to preserve and protect ~
the lives, property and constitutional guarantees of all persons." _
.'
GOODLETTE COLEMAN & JOHNSON, P.A.
ATTORNEYS AT LAW
Agenda Item No. 178
July 26, 2005
Page 42 of 53
Kevin G. Coleman
J. Dudley Goodlette
Kenneth R. Johnson
Richard D. Yovanovich
Harold 1. Webre, III
Edmond E. Koester
Linda C. Brinkman
Craig D. Grider
Gregory L. Urbancic
Matthew L. Grabinski
Northern Trust Bank Building
4001 Tamiami Trail North
Naples, Florida 34103
(941) 435-3535
(941) 435-1218 Facsimile
Writer's e-mail: rvovanovich((iigcilaw.com
October 3. 2003
Via U.S. Mall
Chief Paul Wilson
Ochopee Fire Control District
P. O. Box 25
Ochopee, Florida 34141
RE: Vacation of Road Right-of-Way
Smallwood Drive f/k/a S.R. 29-A
Folio Number 26086960009
Dear Chief Wilson:
Please allow this correspondence to serve as a request for a Letter of No Objection from the Fire District
for vacation of road right-of-way for the above referenced property which is located in Chokoloskee. The
parcel is located within Section 31, Township 53S. Range 30E. To the best of our knowledge, there are
no existing or planned utility infrastructure within the proposed vacation of road right-of-way. For your use
and ease of reference, please find enclosed a copy of the site.
The proposed vacation is being submitted to Collier County shortly. Accordingly, we need to receive your
Letter of No Objection as soon as possible. Pursuant to the requirements of the County's Petition for
Vacation of Road Right-of-Way, we are requesting that you sign below as written indication of No
Objectton to the-vacation of the road right-of-way.
I thank you in advance for your prompt response. Upon your receipt and review, should you have any
questions or require additional information, please do not hesitate to call our office.
Very truly yours,
~w
Richard D. Yovanovich
~
RDY:smc
cc: Barry Birdwell
. .
Agenda Item No. 178
July 26, 2005
Page 43 of 53
I have no objection to the proposed vacation of road right-of-way.
Signed and Dated this 5(l} 1ray of
,2003.
By:
. F{...b.
Printed Name:
'I('
GOODLETTE COLEMAN & JOHNSON, P.A.
ATTORNEYS AT LAW
Agenda Item No. 178
July 26, 2005
Page 44 of 53
..
Kevin G. Coleman
1. Dudley Goodlette
Kenneth R. Johnson
Richard D. Yovanovich
Harold 1. Webre, III
Edmond E. Koester
Linda C. Brinkman
Craig D. Grider
Gregory L. Urbancic
Matthew L. Grabinski
Northern Trust Bank Building
4001 Tamiami Trail North
Naples, Florida 34103
(941) 435-3535
(941) 435-1218 Facsimile
Writer's e-mail: rvovanovich(iiJgcilaw.com .
October 16, 2003
Via U.S. Mail
VIA FACSIMILE 239-695-3020
Terry Smallwood
City of Everglades,
Everglades City, Florida
RE: Vacation of Road Right-of-Way
Smallwood Drive f/k/a S.R. 29-A
Folio Number 26086960009
Dear Mr. Smallwood:
Please allow this correspondence to serve as a request for a Letter of No Objection from Collier County Public
Utilities Operations for vacation of road right-of-way for the above referenced property which is located in
Chokoloskee. The parcel is located within Section 31, Township 538, Range 30E. To the best of our knowledge,
there are no existing or planned utility infrastructure within the proposed vacation of road right-of-way. For your use
and ease of reference, please find enclosed a copy of the site.
The proposed vacation is being submitted to Collier County shortly. Accordingly, we need to receive your Letter of
No Objection as soon as possible. Pursuant to the requirements of the County's Petition for Vacation of Road Right-
of-Way, we are requesting that you sign below as written indication of No Objection to the Vacation of the road
right-of-way.
I thank you in advance for your prompt response. Upon your receipt and review, should you have any questions or
require additional information, please do not hesitate to call our office.
Very truly yours,
~~1'rl~
RDY:smc
cc: Barry Birdwell
.. I!'l.:tl> ~ III
.._ ... ....u_____..__
02/26/2e04 16:31 ~53e2e
uIJOU~t:.IIt. . N ~e,c;l:J~-~,)"-lbJll
CITY OF EVERGLADES
~etr lb ,UtJlI I~;~~
. /T'
,.4
;,-
I hlv, no Ol>>JIICUon .0 .IIe pr.poted ".catton or read rithl-of-wl)'.
SleneclaDd Dar~ dais 2k. day ~r~r~, 'ZG~
.r-.~
'rt.ted Nam.: /~ ~,,~cP
(1!!."e.~~t..qO.~ CtT'Y pt~IW^,IN. f Z.,AtIA.(6)
PAGE ell
Ag~.n~,jlltem No. 178
July 26, 2005
Page 45 of 53
'~Jb~R~~
Agenda Item No. 178
July 26, ~tMceBox3455
p~ F!~h~33918'34'
(239) 995.2121 'FAX (239) 995-7gv.,.
WWN.lcec.net. www.ihne.com
October 20, 2003
Mr. Richard D. Yovanovich
Goodlette Coleman & Johnson, P.A.
Northern Trust Bank: Building
4001 Tamiami Trail North
Naples, FL 34103
Re: Vacation of Road Right-of-Way
Smallwood Drive flk/a S.R. 29-A
Folio Number 26086960009
Dear Mr. Y ovanovich:
LCEC has existing facilities in or near the north portion of Smallwood Drive described on the
attached sketch of description. LCEC does not object to vacation of this portion of Smallwood
Drive; however, we will require the owner to grant a specifically described easement
encompassing those facilities once the vacation has passed.
Please call me at 1-800-282-1643, extension 422 if you have any questions or to initiate an
easement once the yacation has been granted.
Sincerely,
~q/~
Karen Hardin
Real Property Representative
Attachment
"
Agenda Item No. 17B
July 26, 2005
Page 47 of 53
~ Sprint
Box 2469
Naples, FL 34106-2469
October 28, 2003
Richard D. Yovanovich
Goodlette Coleman & Johnson. P.A.
4001 Tamiami Trail North
Naples, FL 34103
RE: Vacation of portion of Right-of-Way. Smallwood Drive f/k/a
S.R. 29-A, Folio Number 26086960009
Dear Mr. Y ovanovich:
Attached please find a Statement of No Objection to the above referenced property.
If you have any question or need additional information. please so not hesitate to contact
me.
Very Truly Yours,
/fUittJ
Deb Corbin
Network Engineer I
DCIbp
Enclosure
Agenda Item No. 178
July 26, 2005
Page 48 of 53
October 28, 2003
Page 2
Statement of No Objection
Sprint has no objection to the partial vacation of Right-of-Way as shown on the
attached exhibit. Partial vacation of Right-of-Way Smallwood Drive fi'k/a S.R. 29-A,
Folio Number 26086960009, Chokoloskee, FL.
Sprint-Florida, Incorporated
BY:~
Deb Corbin
Network Engineer I
02/18/2004 11:19
, / i.
2393348575
Agenda Ite~ARt6. 1~~
July 26, 2005
Page 49 of 53
@omcast
P.o. BoJ. 413018
Naples, FL 34101
Telepbone: '41-731-3819
February 18, 2004
Gregory L. Urbancic
Goodlette Coleman & Johnson, P .A.
4001 Tamiami Trail North
Naples, Fl 34103
RE: Vacation of Road Right-of-Way
Smallwood Dr. flkJa SR 29A
Folio Number 26086960009
Dear Greg,
Comeast has Existing Coaxial Cable in the above-mentioned Right-of-Way.
Comeast has NO OBJECTION to the requested vacation of Right-of-Way, provided an
additional ten-foot utility easement is granted to accommodate Com cast's existing underground
plant on the south side of Snook Alley. This additional easement is located in the north section
of the Right-ot-Way vacation request, at the intersection ot Smallwood Dr. and Snook Alley.
If you have any questions on these matters, please call me at 732-3816.
;;2' ~
Barbara ~ford
Draftsperson
Comeast Cable"ision/Naples
Map attachment
82/20/2884 15:46 2393348575
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Agenda Item No. 17C
July 26, 2005
Page 1 of 4
--
EXECUTIVE SUMMARY
An ordinance amending Ordinance Number 04-41, as amended, to correct a Scrivener's
Error contained within the language of Ordinance Number 05-27 due to an unintended
revision to Land Development Code (LDC) Section 10.03.05 - to comedy provide notice to
adjacent properties in the urban designated area of the Future Land Use Element of the
Growth Management Plan.
OBJECTIVE: To have the Board of County Commissioners (BCC) correct a Scrivener's Error
in Ordinance Number 05-27 to correctly provide notice within five hundred (500) feet of subject
properties located within the urban designated area of the Future Land Use Element (FLUE) of
the Growth Management Plan, instead of one thousand (1,000) feet as erroneously amended by a
Scrivener's Error.
CONSIDERATION: The Board of County Commissioners approved Ordinance Number 05-27,
LDC Amendment Cycle 1,2005, on June 8, 2005. At that meeting, changes were requested to
the text of the public notice requirements to expand the distance for required mailed notices for
certain public hearings before the BCC, Collier County Planning Commission, Board of Zoning
Appeals, Environmental Advisory Council and the Historic and Archeological Preservation
Board to 1,000 feet for subject properties located within areas of the Future Land Use Element of
the Growth Management Plan that are not designated urban. Staff inadvertently changed the
_ distance for notice requirements for subject properties located within the urban designated area
of the FLUE from 500 feet to 1,000 feet; while the distance requirement for mailed notification
in the areas not designated urban in the FLUE is currently set at 1,000 feet
FISCAL IMP ACT: There is no additional fiscal impact to Collier County.
GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan.
RECOMMENDATION: That the Board of County Connnissioners approve the Scrivener's
Error correction to LDC Section 10.03.05.
PREPARED BY:
Catherine Fabacher, Principal Planner
Zoning and Land Development Review
..--.
n.m Number
Item Summary
Metting Date
Agenda Item No. 17C
July 26.2005
Page 2 of .4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
HC
An ordinance amending Ordinance Number 04--41. 8S amended, the Collier County land
Development Code (LOC). to correct a scrivet'ler's error in Ordinanc.e No. 05-27 due to an
unintended revision to LDC sec1ion 10.03.05 . to correctly provide notice within 500' of
property for certain public hearings before the Board of Commissioners. the Collier County
Planning Commission. the Board of Zoning Appeals, ttle Environmental Advisory Council.
and the Historic and Archeological Preservalion Board; and by providing for 811 effective
da1e
7l26/2005 9:00:00 AM
Catherine Fabilcher
Principal Planner
7/1/2.005 3:11 :28 PM
Propard By
Conlmunity Development &
Environment.l Services
Date
Zonln9 & land Developm....t Rfwiew
Can5tancR A. Johnson
Ontl!!
Appro..d By
Community Development &
Environmental Services;
OperdtifUl$ Analyst
Communit!f Development &
Ellvironmelltal Services Admin,
717120054:03 PM
Sandra lea
Date
Approved By
Community DIrY<elopment &
Environmental Servtctf'\O
Executive Secretary
community Devlrlopment &
Environmental Services Admin.
71712006.:06 PM
Appro.d By
Zoning & land Development Oi~ctor
Date
Suun Murray, AICP
Community Development &
Environment.' Services
Zeminl) &. l..a"d Oevl\ltolwnent Rovij~w
7/11/2005 -4:08 PM
Patrick G. White
A..t;istant County AttonulY
Date
Approved By
County Attorney Office
7112120051:58 PM
Approved By
Data
County Attorney
Josp.ph K, Schmitt
Community Development &
Environmental Service...
Community Development &
Environmental Servicf.ts. Admlnstrator
Community DeYelopment &
Environmental Services Admin.
7113/200612:" PM
OMS Coordinator
Adminiatr.tive Auistant
D;;te
Appro..d By
CQunty Nanager's. otficC!
OtficC! of M;~"ag(tl'ne"t & Budget
7/13/2005 1 :36 PM
Mark Isackson
Budget Analyst
Date
Appro.ed By
County Manager's Office
Office of Management & Budget
7/13/20053:32 PM
Michael Smylctlw$lki
Management &. Budgut Diruc1o'
Date
App......d By
County Manager's Office
Office of Manegement & Budget
1113/200$ 6:61 PM
County Manager
0...
App......d By
JarM'S V. Mudd
Bonrd 01 County
Commis5iot1uru
County Managers ott'ice
7/15J200511:37 AM
-
Agenda Item No. 17C
July 26, 2005
Page 3 of 4
ORDINANCE NO. 05.
AN ORDINANCE AMENDING ORDINANCE NUMBER 04-
41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE (LDC), TO CORRECT A
SCRIVENER'S ERROR IN ORDINANCE NO. 05-27 DUE
TO AN UNINTENDED REVISION TO LDC SECTION
10.03.05 - TO CORRECTLY PROVIDE NOTICE WITHIN
SOO' OF PROPERTY FOR CERTAIN PUBLIC HEARINGS
BEFORE THE BOARD OF COUNTY COMMISSIONERS,
THE COLLIER COUNTY PLANNING COMMISSION, THE
BOARD OF ZONING APPEALS, THE ENVIRONMENTAL
ADVISORY COUNCIL, AND THE HISTORIC &
ARCHEOLOGICAL PRESERVATION BOARDj AND BY
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Collier County Board of Commissioners adopted Ordinance No. 05-27,
on June 8, 2005, filed and effective on June 16, 2005, and;
WHEREAS, following adoption of that Ordinance staff determined a provision that was
otherwise not intended to change distances required for mailed notices for certain public
hearings was inadvertently made a part of those amendments, and therefore constitutes a
scrivener's error.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Rorida:
SECTION ONE: SCRIVENER'S ERROR AMENDMENT
Section 10.03.05. B.8., of the Land Development Code of Collier County, Florida,
Ordinance 04-41, as amended, as further amended by Ordinance Number 05-27, is hereby
amended to correct a scrivener's error as follows:
*
*
*
*
*
*
*
*
*
B. Notice and public hearing where proposed amendment would change zoning classification
of land and for CONDITIONAL USES and variances, for planned unit development (PUD)
rezoning extensions. In the case of an application for extension of PUD zoning status or the
rezoning of land, to include rezonings, conditional uses and variances initiated by other
than the board of county commissioners or amendments to planned unit developments,
such provisions shall be enacted or amended pursuant to the following public notice and
hearing requirements by the planning commission and the board of county commissioners.
PUD extensions, Rezoning, conditional use and variance petitions initiated by the board of
county commissioners or its agencies for county owned land shall be subject to these
provisions.
*
*
*
*
*
8. For subject properties located within the urban designated area of the Mure land use
element of the growth management plan, notice of the time and place of the public
hearing by the planning commission shall be sent by the county at least 21 days in
advance of the hearing. This notice shall be sent by mail to all owners of property
within 4,QOO 500 feet of the property lines of the land for which an approval is sought;
provided, however, that where the land for which the approval is sought is part of, or
adjacent to, land owned by the same person, the 4,QOO 500 foot distance shall be
measured from the boundaries of the entire ownership or PUD, except that notices
need not be mailed to any property owner located more than one-half mile (2,640
feet) from the subject property. For the purposes of this requirement, the names and
Page 1 of2
Agenda Item No. 17C
July 26, 2005
Page 4 of 4
addresses of property owners shall be deemed those appearing on the latest tax rolls
of Collier County and any other persons or entities who have made a formal request
of the county to be notified.
SECTION TWO: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this
day of
,2005.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
BY:
FRED W. COYLE, CHAIRMAN
Approved as to form and
legal sufficiency:
Patrick G. White
Assistant County Attorney
Page 2 of 2
Agenda Item No. 170
July 26,2005
Page 1 of 6
,,-
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners of Collier County, Florida adopt
an Ordinance amending the Collier County Consolidated Impact Fee Ordinance, 2001-13, as
amended., which is Chapter 74 of the Collier County Code of Laws and Ordinances, to provide
for a change in the maximum home sales price for participation in the "Immokalee Residential
Impact Fee Deferral Program" from $175,000 to $254,250 which is also the Sate Housing
Initiatives Partnership (SHIP) limit for Collier County, in order to allow for more effective
utilization of the program by qualified applicants
OBJECTIVE: Recommendation that the Board of County Commissioners adopt an Ordinance
amending the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, which is
Chapter 74 of the Collier County Code of Laws and Ordinances, to provide for a change in the
maximum home sales price for participation in the "Immokalee Residential Impact Fee Deferral
Program" from $175,000 to $254,250 which is also the Sate Housing Initiatives Partnership (SHIP)
limit for Collier County, in order to allow for more effective utilization of the program by qualified
applicants.
/-
CONSIDERATIONS: On November 18, 2003 the Board of County Commissioners adopted
Ordinance number 2003-63, amending the impact fee regulations in Chapter 74 of the Collier
County Code of Laws and Ordinances, the Collier County Consolidated Impact Fee Ordinance
(CIFO), 2001-13, as amended, and established the Immokalee Residential Impact Fee Deferral
Program (Program) which allows for the deferral of certain impact fees for residential development.
The program is designed to provide relief from increased impact fees for qualifying new
development by deferring the fees and requiring their repayment when the qualifYing development is
sold, transferred or refinanced. Currently, in order to qualify for the program, the annual household
income may not exceed $100,000, the price of the new home may not exceed $175,000 and the
home must be owner-occupied and the homestead of the owner.
Since the adoption of the Program, the price of land, as well as construction, has increased
dramatically. In order to promote the Program's continued success, staff recommends that the
maximum home sales price for qualifying development be increased to $254,250, which is also
consistent with the State Housing Initiatives Partnership (SHIP) limit for Collier County.
The proposed amendment does not change any other provisions of the current program, however, the
proposed change in the maximum home sales price for Program eligibility is essential to continue
the development of new workforce housing in Immokalee.
FISCAL IMP ACT: The adopted Immokalee Residential Deferral Program is funded by the
General Fund and the Immokalee Community Redevelopment Area (CRA), through the use of the
Tax Increment Financing (TIF) funds associated with the qualifying dwelling units. The qualifying
party will enter into a deferral agreement with Collier County and the deferral agreement will stand
in lieu of payment of the applicable impact fees.
.-.-
-,
CIFO Amendment
Immokalee Deferral Program
Page 2
Agenda Item No. 17D
July 26, 2005
Page 2 of 6
When the tenn of deferral is complete, either by TIF and General Fund payments or the obligation to
pay being realized through the sale, transfer or re-financing of the subject development, the
applicable impact fees will have been paid in full. However, the lien on the subject property will
remain until the property is sold, transferred or refinanced, at which time the amount of the impact
fees will be repaid to the CRA Trust Fund and General Fund on a pro rata basis.
The requirement to pay the applicable impact fee is not waived, therefore, each qualifying unit's
owner( s) will be required to pay their fair share of the cost of capital infrastructure improvements
and/or additions necessitated by growth and the Impact Fee Trust funds will ultimately receive
payment of the fees in full.
GROWTH MANAGEMENT IMP ACT: Based upon the regulations set forth in the CIFO, the
deferral program will be funded partially by a portion of the TIF funds generated by the qualifying
residential units and allocated to the Immokalee CRA, in addition to funding from the General Fund.
Therefore, although additional demand will be placed on the various Public Facilities related to the
population growth, the qualifying developments will pay their fair share of the cost associated with
providing necessitated capital improvements.
".--
LEGAL CONSIDERATIONS: The proposed text changes to amend Chapter 74 of the Collier
County Code of Laws and Ordinances are internally consistent, comply with all applicable
constitutional and general law, and are legally sufficient for Board consideration and approval.
RECOMMENDATION: That the Board of County Conunissioners adopt the attached Ordinance
amending the Collier County Consolidated Impact Fee Ordinance, 2001-13, as amended, which is
Chapter 74 of the Collier County Code of Laws and Ordinances, to provide for a change in the
maximwn home sales price for participation in the "Immokalee Residential Impact Fee Deferral
Program" from $175,000 to $254,250 which is also the Sate Housing Initiatives Partnership (SIDP)
limit for Collier County, to allow for more effective utilization of the program by qualified
applicants.
Prepared by: Amy Patterson, Impact Fee Manager, Financial Administration and Housing, CDES
,,-..
Item Number
Item Summlry
Meeting Date
Agenda Item No 170
July 26, 2005
Page 3 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
170
Recommendation that the Board of County Commissioners of Collier County, FIDrida adopt
an Ordinance amending the Collier County consolidated Impact Fee Ordinance. 2001.13,
as. amended, which is Chapter 74 of1ne Collier County Code of Laws SInd Ordinances, to
provide for 8 change in the maximum home sales price for participation in the "lmmokalee
Residerrtiallmpact Fee Deferrsl Program" from $175,000 to $254,250 which is also the
State Housing InitlativE'u; Partoership (SHIP) limU for Collier County, in order to allow for
more effective utilization oflne program by qualified applicants,
7/26120059:00:00 N/.
Prepared By
Impact Fee Manager
717120051:37:53 PM
Amy Pattet!!l.on
Community Development &
Environmental Services
Date
Fmancial Admin, & Housing
Jeff Klat1.koW
Asosistllnt County A.ttorney
Date
Approved By
county Attomey
County Attorney Office
U7120061:42 PM
Connac Giblin
Ham.jng D4!'vetopmenf Manager
Dot.
Approved By
Connnunlty Dtlyelopment &
Environnlontal Slllrvlce:l
Financial Ad,,"in. & Housing
711120051:47 PM
Denton Baker
Financial Admin & Housing Director
Dat.
Approved By
Community Oevelopm4!lnt &
EnvironmcmtalStlrVK:es
Financial Admin. & Housing
718120064:'1 PM
Sandra Lea
Da"
Approved By
Community Developmen' &
Environmental S~rvjc.e5
ElleCU1ive Secnrtary
Community Development &
Environmental Services Admin,
71111200511:38 AM
CDn!>tonce A. Johnson
Datn
Approved By
Community Development &
Environmental Services
Operations An.ly.'
Community Developfl'Mlnt &
Environment.1 Services Admin.
7111/200612:40 PM
Dat.
Approved By
Joseph K. Schmitt
Community Development &
El'lyiromnental Setviceli
Community Development &
Environmental Services AdminstTatcr
Community Development &
Envinmmc!ntal krvicll!$ Admin.
7111/2005 &:09 PM
OMB Counlinator
Administrative AUlatant
Dilte
Approved By
county Manager'g Office
office of Management & Budget
7f12/2005 'iJ:23 AM
Mark Is.a<:kson
Budgtrt An;llyst
Dot.
Approved By
County Manager's Office
Office of Management &. Budget
7/121200512:40 PM
Stlsan Usher
Senior Management/Budget Analyst
Date
Approved By
County M"".ger's Offi(:Cl
Office of ManU5.!P.1nent & BudgClt
7/18/20054:27 PM
Michael Smykowsili
Management & Budget Director
Date
Approved By
County Manager's Office
Office of Management & Budget
7J18/2005 4:57 PM
Approved By
County Manager
Dat.
JamC!l V. Mudd
Board of County
Commissioners
County Manager's Office
7118110056:22 PM
Agenda Item No. 170
July 26, 2005
Page 4 of 6
ORDINANCE NO. 2005 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLUER COUNTY, FLORIDA, AMENDING CHAPTER 74 OF
THE COUNTY'S CODE OF LAWS AND ORDINANCES, AS
AMENDED BY ORDINANCE NO. 2001-13, THE COWER
COUNTY CONSOUDATED IMPACT FEE ORDINANCE AS
AMENDEDj PROVIDING FOR A CHANGE IN THE MAXIMUM
HOME SALE PRICE FOR THE IMMOKALeE RESlDENTlAL
IMPACT FEE DEFERRAL PROGRAM; CLARIFYING THAT THE
PURPOSE OF THE PROGRAM IS FOR OWNER-OCCUPlED
HOMESTEADS; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; PROVIDING FOR CONFUCT AND
SEVERABIUTY; AND PROVIDING FOR AN EFFECTlVE DATE.
WHEREAS, on March 13, 2001, the Board of County Commissioners
(Board) adopted Ordinance No. 2001-13, the .Collier County Consolidated
Impact Fee Ordinance," the same being codified as Chapter 74 of the County's
Code of Laws and Ordinances, which repealed and superceded, In their entirety,
all of the County's previous impact fee regulations; and
WHEREAS, on November 18, 2003, the Board adopted Ordinance No.
2003-63, which amended Chapter 74 by establishing the "ImmokaJee Residential
Impact Fee Deferral Program" (prognim) which provides for the deferral of
residential Impact fees for qualified applicants within the specified Program
boundaries; and
WHEREAS, the Program offers relief for new development from the
increased Impact fee rates and contributes to additional, new affordable
wortdorce housing In Immokalee; and
WHEREAS, the cost of land and construction have continued to increase
dramatically in Collier County; and
WHEREAS, the Board desires to promote and foster the availability of
affordable workforce housing in the Immokalee area; and
WHEREAS, a change in the ,maximum home saJes price from $175,000 to
$254,250, which is also the State Housing Initiatives Partnership (SHIP) limit for
Collier County, would allow the Program to be more fully utilized.
NOW, THEREFORE, BE rr ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLUER COUNTY, FLORIDA, that
SECTlON ONE. ArtIcle II, Subsection (9) in Section 74-201 is hereby amended
to read as follows:
(g) Immokalee Enterprise Zone Deferral Area.
. . *
Page 1 of3
Underlined text 18 addecF,8tA.lok lI'lFGwg~ text Is deleted.
Agenda Item No. 17D
July 26, 2005
Page 5 of 6
(4) Arry Person seeking an Impact fee deferral for a proposed owner -
occupied dwelling unit, wholly within the Immokalee Enterprise
Zone, shall file an application for deferral with the County Manager
prior to receMng a Certificate of Occupancy (CO) for any such
proposed Development. The application for deferral must contain
the following:
a. The name and address of the property owner; and
b. A current and complete legal description of the site upon
which the qualifying development Is proposed to be Iocatecb
aosl
~ The auallfvlna develooment will be owner-occuoied and the
homestead of the 8Dolicant and
-G. 9,. A notarized affidavit affInnlng that the mBXImum sale price
of the proposed qualifying development will not exceed
$17i,OOQ,OO $254.250.00. Appll__ BAIl RAg IAle a
dele.lllre."'BAI aRd 8YIa8~eRlt,' eelllRg the ~walifyjRg
develepFMRt fer ",ere tRaA $17i,OOO.99 Should the
maximum home sales orlce exceed $254.250.00 for the
auallfvlna new construction. the anollcant may be subject to
the collection provisions provided for In Article V, section
74-501, Including delinquency fees and interest datilg back
to the effective date of the deferral agreement.lDSl
e. ~. Proof of qualifying Income level, which is less than or equal
to $100,000.00 annual household income from all 8OUI'C8&r
: and
.. (. Payment of a non-l'8fundable application filing fee in the
amount of $300.00.
(5) If the proposed qualifying development meets the requirements for
a deferral, as IIsted-laelew .G2l!, the county manager may enter into an
Impact fee deferral agreement with the owner. lAe ~wlF8fRe_ WI eAter
lAte a defeFfal agree"'eAt are 88 fellewe:
a. The ~YalllylRg dw/9IQp"'eAt ",wet be liMAer 9GQwpielil.
b. lAB qYallfyiRg liIl'J8llilp",eAt ",yet be ""e RI",eeteae sf #II 8VmeF(e)
e. The YRIt iB lelli! WI a lil\..'}'8f(B) .::itA a tealllARwall:lelol8ehsld iR89fRe
Jre", all eSWN88181B #laA Sf e"wal te $lgCM~Q~,OO
d. The A'I8Ki"'Y'" BaI.. pFie8 sf #Ie "wallfyiRg de'felep",eRt ",wet Rever
eKgeeEt $l7i,OOQ,OO.
**
Page 2of3
Underlined text 18 adc:Ied;Ru8k lIFe. text Is deleted.
Agenda Item No. 17D
July 26, 2005
Page 6 of 6
SEC110N TWO. CONFUCT AND SEVERABIUTY.
In the event this Ordinance conflicts with any other Ordinance of
Collier County or any other applicable law. the more restrictive shall apply. If any
phrase or portion of this Ordinance Is held Invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the
remaining portions.
SEcnON ntREE. INCLUSION IN CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code
of Laws and Ordinances of Collier County, Aorida. The sections of the
Ordinances may be re-numbered or re-Iettered to accomplish such, and the word
.ordlnance" may be changed to .section," .artlcle," or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance will immediately become effective upon the filing
with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Aorlda this day of July, 2005.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, Clerk OF COWER COUNTY, FLORIDA
By: By:
. Deputy Clerk FRED W. COYLE, Chalnnan
. Page 3 of 3
Undet1rled text Is added; -... IlFlilup text is deleted.
Agenda Item No. 17E
July 26, 2005
Page 1 of 154
,..-
EXECUTIVE SUMMARY
PUDZ-A-2004-AR-6279, Dominic P. Tomei, President of Restoration Church, Inc., and
Timothy J. Crane, manager of Bucks Run Developers, LLC., represented by William L.
Hoover, AlCP of Hoover Planning & Development, Inc., and as president of Catalina Land
Group, Inc., the manager of Bucks Run Estates, LLC, requesting a rezone from the "PUD"
to Mixed Use Planned Unit Development (MPUD) known as Bucks Run MPUD for
property located approximately 700 feet north of Vanderbilt Beach Road on the eastern
side of CoUier Boulevard (C.R. 951), in Section 35, Township 48 South, Range 26 East,
Collier County, Florida.
OBJECTIVE:
To have the Board of County Commissioners (BCC) consider an application to rezone 39.06 :!:.
acres from Planned Unit Development (PUD) (known as Bucks Run I Bucks Run Preserve PUD)
to Mixed-Use Planned Unit Development (MPUD) to be known as Bucks Run MPUD for a
mixed-use development consisting of 156 dwelling units, or a combination of 124 dwelling units,
and a church and child care facility located on the southwest tract.
CONSIDERATIONS:
,-
The 39.06:!:. acre Bucks Run Preserve PUD was approved in 1999 and permitted a maximwn of
156 residential dwelling units, or a combination of dwelling units and a church, or a school on
the site. In 2001 this PUD was amended to allow 288 affordable housing units on the east tract
and retained a maximum of 60 units on the western portion of the project. The opportunity to
develop a childcare facility was also included in the amendment. The current proposal is a rezone
from Planned Unit Development (PUD) to Mixed-Use Planned Unit Development (MPUD)
known as Bucks Run MPUD, to reduce the density from the currently allowed 348 units (288
Affordable Housing rental apartments), a church, a 360-student private school, and an
approximate 120-child day care facility to a maximum of 156 units, a church, and an
approximate 120-child day care facility (See Conceptual MPUD Master Plan).
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 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 (GMP) as needed to maintain
adopted Level Of Service (LOS) for public facilities. Additionally, in order to meet the
requirements of concurrency management, the developer of every local development order
approved by Collier County is required to pay 50 percent of the estimated Transportation Impact
r--
PUDZ-A-2004-AR-6279
Page 1 of4
EXECUTIVE SUMMARY ace MTG. 7/26/05
Agenda Item No. 17E
July 26,2005
Page 2 of 154
Fees associated with the project. Other fees collected prior to issuance of a building permit
include building permit review fees and utility fees associated with connecting to the County's
water and sewer system. 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 impact fees and taxes collected were not included in the criteria used by Staff
and the Planning Commission to analyze this petition.
GROWTH MANAGEMENT IMPACT:
Future Land Use Element: The petitioner's property, as identified on the Future Land Use
Map of the Growth Management Plan (GMP), is currently within the Urban Designation (Urban
Residential Subdistrict). The Urban Residential Subdistrict provides "for higher densities in an
area with fewer natural resource constraints and where existing and planned public facilities are
concentrated." The maximum eligible residential density within the Urban Residential
Subdistrict is determined through application of the Future Land Use Element's (FLUE's)
density rating system (DRS), but may not exceed 16 units per acre.
Staff notes that the requested land uses (MF, church, daycare facility) have been previously
determined (in 1999 and 2001) to be consistent with the provisions of the Urban-Mixed Use
District and Urban Residential Subdistrict of the FLUE. This status has not changed in the
intervening time period.
,....-"
Based upon the above analysis, staff concludes that the proposed PUD Document and Master
Plan may be deemed consistent with the FLUE of the GMP.
Transportation Element: The Transportation Department has reviewed the Petitioner's Traffic
Impact Statement (TIS) and bas determined that the proposed rezone will generate 1830 Average
Daily Trips at the buildout of the project in 2007. As a result, this petition is consistent with
policies 5.1 and 5.2 of the Transportation Element.
Based on the analysis contained in the Traffic Impact Statement (Exhibit "C"), all roadway
segments significantly impacted as a result of the Bucks Run MPUD will operate at or above the
adopted Level of Service (LOS) standard for that roadway as established by Collier County.
ENVIRONMENTAL ISSUES:
Both the Corps of Engineers and the South Florida Water Management District have issued their
permits for this proposed development. Environmental Services Staff has reviewed the petition
and has recommended approval subject to the conditions contained in Section 5.10 of the PUD
document and in the Environmental Advisory Council (RAC) Staff Report.
-.
PUDZ-A-2004-AR~279
Page 2 of4
EXECUTIVE SUMMARY Bee MTG. 7126105
Agenda Item No. 17E
July 26, 2005
Page 3 of 154
,-
EAC RECOMMENDATION:
The Environmental Advisory Council (EAC) was scheduled to review this petition at their
regular meeting on June 1, 2005, but the meeting was cancelled due to a lack of a quorum. The
EAC reviewed this petition at their regular meeting on July 6, 2005, and recommended approval
with the following stipulations:
1. The project must obtain an Environmental Resource Permit from the South Florida
Water Management District prior to Site Development Plan or construction Plan and Plat
approval.
2. The PUD master plan shows the proposed location of approximately 99% (9.72 acres) of
the required preserve. The remaining 0.05 acres of preserve will be identified and
preserved contiguous to the 9.72 acres with the next development order petition
submittal.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The scheduled hearing for the June 2, 2005, CCPC meeting was continued to June 16, 2004. The
CCPC approved PUDZ-2004-AR-6279 with the conditions incorporated in the PUD document.
In addition, because the CCPC unanimously recommended approval, this petition was placed on
the Summary Agenda.
r" LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
determination by the Board of County Commissioners (BCC) must be based. The legal
considerations are reflected in the Collier County Planning Commission's evaluation of the listed
criteria in Chapter 10.03.05 and Chapter 10.02.12 of the LDC. These evaluations are completed
as separate documents that have been incorporated into the attached staff report. A summary of
the legal considerations and fmdings are noted below:
. The proposed change has been deemed consistent with the goals, objectives, and policies
and Future Land Use Map and the applicable elements of the GMP.
. The proposed land uses are compatible with the existing land use pattern.
. The proposed change will not create or excessively increase traffic congestion or create
types of traffic deemed 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. This project has also been
deemed consistent with Policy 5.1 and 5.2 of the Traffic Element of the GMP with the
addition of the recommended stipulations.
The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private, shall be provided.
r"
PUOz..A-2004-AR-{i279
Page 3 of4
EXECUTIVE SUMMARY Bce MTG. 7/U,/OS
-
Agenda Item No. 17E
July 26, 2005
Page 4 of 154
STAFF RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve Petition PUDZ-A-2004-
AR-6279, subject to the conditions of approval that have been incorporated into the PUD
document, which include the following conditions:
1.
2.
3.
4.
5.
6.
7.
~
Reduction of the maximum number and density of permitted residential uses:
348 residential dwelling units (288 affordable writs /11.97 D.D. per acre) to
156 residential dwelling units (3.99 D.D. per acre),
Reduction of the maximum height for the residential dwelling units from 3 stories to 2
stories.
The residential dwelling units on the "Eastern Tract" shall be constructed with tiled roofs,
A 6' tall concrete fence shall be finished on both sides with a wooden or brick appearance
along the Eastern boundary of the "Eastern Tract",
The child care Facility will not receive a C.O. until SR 951 (Collier Boulevard) 6-lane
improvement is completed,
The project must obtain an Environmental Resource Permit from the South Florida Water
Management District prior to Site Development Plan or construction Plan and Plat
approval
The PUD master plan shows the proposed location of approximately 99% (9.72 acres) of
the required preserve. The remaining 0.05 acres of preserve will be identified and
preserved contiguous to the 9.72 acres with the next development order petition
submittal.
PREPARED BY:
Michael 1. DeRuntz, C.F .M., Principal Planner
Department of Zoning and Land Development Review
,'--
PUDZ-A-2004-AR-6279
Page 4 of4
EXECUTIVE SUMMARY Bee MTG. 7/26105
Item Number
Item summlry
Meeting Date
Approved By
Patrick G. White
County Attorney
Agenda Item No. 17E
July 26, 2005
Page 5 of 154
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
HE
This item requires that all participants be sworn in and ex parle disciosure be provIded by
CommIssion members. PUDZ~A-2004~AR-6279, Dominic p, Tomei, President of
Restoralion Church, Inc" and Timothy J. Crane. manager of Bucks Run Developers, LLC"
represented by William L. Hoover, AICP of Hoover Planning &; Development, Inc., and liS
president of Catalina Lend Group, lnc , the msnager of Bucks Run Estates, LLC,
requesting II relone from 1he "PUD~ to Mixed Use Planned Unit Development (MPUD)
known as Bucks Run MPUD for property located approximately 700 feet north of Vanderbilt
Beach Road onthf1 eastern side of ColherBoufevard {C.R. 951), In Section 35. Township
48 South, Ra.nge 26 East Collier County, Flonda
7/26/20059:00.00 AM
Auistun1 Coonty AttDrn~y
Date
County Attorney Office
6116120053:11 PM
Transportation Oivis.ion Administrator
Oate
Approved By
Nonn E. Feder, AICP
Transportation SIt.rY"K:.1>
Transportation SaNte.So Admin,
6/17/20057:49 AM
Approved By
Zoning & Land Development Director
Oat.
Susan Murray, AICP
Community Development &
Environmental Services
Zoning & Land DevElloprnont Revww
6!171200612:14 PM
Sand", Lea
Executive Secrtl1i1ry
Date
Approved By
Community Development &
EnvironmentOll Services
Community Oevelopnlent &
Environmental Services Admin.
7!612D06 2:53 PM
Constance A. Johnson
Date
Approved By
Community Dr.nloprnMt &
Environmental Services
Operations Analyst
Comrnunitv Development &
Environmental Services Admin,
7111/200611:51 AM
Chief Planner
Oat.
Approved By
R.y Bellows
Community Development &
Enyironmen1al Serllictls
Zoning & Land O~elopment Review
7/111.200512:56 PM
Approved By
Date
Joseph K. Schmitt
Community Dl!velopment &
Environmental Services
Community Dtl!Yciopmont &
Environnlnnul Servic&.. Admins.trn1ot
Community Development &
Environmental Services Admin.
711112D05 3:17 PM.
OMB Coordinator
Adminiiitra1ive Assistant
Date
Approved By
county Manager's Office
Office Df M.n.gement & Budget
1/131200510:53 AM
Mark Isachon
Budget Analyst
Dilte
Approved By
County MUlmgor'!; Office
OffiCE! Df M.nag;Mllmt & Budget
1f13J2005 11:25 AM
Jamn V. Mudd
County Maneger
Date
Approved By
Board of County
Commissioners
County Manager'. Office
7l1S/.200511:01 AM
Agenda Item No. 17E
July 26, 2005
Page 6 of 154
Co.r County
1_ ~~ _
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: JUNE 2, 2005
SUBJECT:
PETITION PUDZ-A-2004-AR-6279 BUCKS RUN MPUD
AGENT/APPLICANT:
OWNERS:
Pastor Dominic P. Tomie
Restoration Church, Inc.
1459 Pine Ridge Road
Naples, Florida 34 I 09
AGENT: William L. Hoover, AICP
Hoover Planning and Dev., Inc.
3785 Airport Road N. Suite B-1
Naples, Florida 34105
Timothy J. Crane, Manager
Bucks Run Developers, LLC
P.O. Box 5265
Frisco, Colorado 80443
Richard D. Y ovanovich
Good]ette, Coleman & Johnson, P .A.
400] Tamiami Trail N., Suite 300
Naples, Florida 34103
William L. Hoover, President of
Catalina Land Group, Inc.
Bucks Run Estates, LLC
3785 Airport Road N., Suite B- I
Naples, Florida 34105
Norman J. Trebilcock, PE/AICP
Q. Grady Minor & Assoc., P.A.
3800 Via Del Rey
Naples, Florida 34134
REOUESTED ACTION:
The petitioner is requesting the Collier County Planning Commission consider the rezoning of 39.06
::t acres from Planned Unit Development (PUD) (known as Bucks Run / Bucks Run Preserve PUD) to
Mixed-Use Planned Unit Development (MPUD) to be known as Bucks Run MPUD for a mixed-use
development consisting of 156 dwelling units, or a combination of 124 dwelling units, and a church
and child care facility located on the Southwest Tract.
PUDZ-A-2004-AR-6279, BUCKS RUN MPUD
Agenda Item No. 17E
July 26, 2005
Page 7 of 154
GEOGRAPHIC LOCATION:
The subject MPUD is located on the east side of Collier Boulevard approximately 700 feet north of
Vanderbilt Beach Road at 14625 Collier Boulevard in Section 34, Township 48 South, Range 26
East, Collier County, Florida. (See Location Map)
PURPOSEIDESCRIPTION OF PROJECT:
The 39.06::!:. acre Bucks Run Preserve PUD was approved in 1999 and permitted a maximum of 156
residential dwelling units, or a combination of dwelling units and a church, or a school on the site. In
2001 this PUD was amended to allow 288 affordable housing units on the East Tract and retained a
maximum of 60 units on the western portion of the project. The opportunity to develop a childcare
facility was also included in the amendment. The current proposal is a rezone from Planned Unit
Development (PUD) to Mixed-Use Planned Unit Development (MPUD) known as Bucks Run
MPUD, to reduce the density from the currently allowed 348 units (288 Affordable Housing rental
apartments), a church, a 360-student private school, and an approximate 120-child day care facility to
a maximum of 156 units, a church, and an approximate l20-child day care facility (See Conceptual
MPUD Master Plan). The proposal includes:
1. Open space that includes water management areas, landscaping and buffering totaling more than
the minimum of30 % required by code, with 53.06 percent open space for the Mixed-Use PUD.
2. Access point to the project will be provided from Collier Boulevard.
SURROUNDING LAND USE AND ZONING:
Subject Parcel: The existing site is currently undeveloped.
Surrounding- North: A landscape nursery, zoned Rural Agricultural (A)
East: Condominiums located in the Vanderbilt Country Club PUD.
South: Church and private school facility under construction zoned Mission Church
PUD.
West: Collier Boulevard (C.R. 951) then the Mission Hills Shopping Center, currently under
construction, zoned Mission Hills PUD
GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element (FLUE): The subject property is located within the Urban Designation,
Urban-Mixed-Use District, Urban Residential Subdistrict, on the Future Land Use Map (FLUM) of
the Growth Management Plan (GMP). The Urban Residential Subdistrict provides "for higher
densities in an area with fewer natural resource constraints and where existing and planned public
facilities are concentrated." The maximum eligible residential density within the Urban Residential
Subdistrict is determined through application ofthe Future Land Use Element's (FLUE's) density
rating system (DRS), but may not exceed 16 units per acre.
2
PUDZ-A-2004-AR-6279, BUCKS RUN MPUD
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Agenda Item No. 17E
July 26, 2005
Page 8 of 154
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PUDZ-A-2004-AR-6279, BUCKS RUN MPUD
Agenda Item No. 17E
July 26, 2005
Page 9 of 154
The approval history of the Bucks Run Planned Unit Development provides a background for the
requested PUD rezone. As originally approyed (Ordinance #99-79, November 23, 1999), the Bucks
Run PUD consisted of 156 multi-family units for the entire PUD, with allowance for a church or
school to be built upon a portion of the project. As in the current request, for every acre of the project
developed with non-residential uses, 4 residential units were to be subtracted from the 156-unit
maximum.
On November 27, 2001, the PUD was amended (Ordinance #01-67). The amendment approved the
development of 288 affordable multi-family units on the East Tract, but retained a maximum of 60
units on the western portion of the project. As before, a church or school could be built on the
western half of the PUD, with the provision that the development of such facilities would cause the
subtraction of 4 units per acre of nonresidential development from the maximum of 60 units that
could otherwise be developed on the western half of the project. However, the 2001 amendment
approved the potential development of a stand-alone childcare center within the western portion of
the project.
Subsequent to approval of Ordinance #01-67, neighboring residents filed a lawsuit against Collier
County over approval of the PUD Amendment. The filing of the lawsuit has acted to prevent the
petitioners from developing the PUD as previously anticipated. Therefore, the developers are now
petitioning to return to the original approvals, except that the development of a school is no longer
anticipated. Additionally, the western half of the project has been divided into two tracts (NW Tract
and SW Tract) to reflect the acquisition of these parcels by the Restoration Church, Incorporated, in
June of 2001 (NW Tract) and February of 2002 (SW Tract), respectively. Note that the East Tract
(owned by the original developer) would be allowed to construct a maximum of96 units, if the PUD
amendment is approved. However, on the western tracts, the church could develop a maximum of60
units, unless a church and/or daycare facility is built, in which case 4 residential units would be lost
for every 1 acre of nonresidential uses constructed.
Staff notes that the requested land uses (MF, church, daycare facility) have been previously
determined (in 1999 and 2001) to be consistent with the provisions of the Urban-Mixed Use District
and Urban Residential Subdistrict of the FLUE. This status has not changed in the intervening time
period.
Based upon the aboye analysis, staff concludes that the proposed PUD Document and Master Plan
may be deemed consistent with the Future Land Use Element.
Transportation Element: The Transportation Department has reviewed the Petitioner's Traffic Impact
Statement (TIS) and has determined that the proposed rezone will generate 1830 Average Daily Trips
at the buildout of the project in 2007. As a result, this petition is consistent with policies 5.1 and 5.2
ofthe Transportation Element.
Based on the analysis contained in the Traffic Impact Statement (Exhibit "C"), all roadway segments
significantly impacted as a result of the Bucks Run MPUD will operate at or above the adopted Level
of Service (LOS) standard for that roadway as established by Collier County.
Open Space/Conservation: The PUD document indicates that a combination of landscape, lakes,
water management areas, and qualifying open space areas equals fifty-three (53) percent of the gross
4
PUDZ-A-2004-AR-6279 BUCKS RUN PUD
Agenda Item No. 17E
July 26, 2005
Page 10 of 154
land area. The PUD will also achieve native vegetation preservation of re-vegetation requirements of
the LDC by re-vegetation of native species; therefore, the Conservation and Open Space elements of
he GMP will be achieved by the PUD development strategy.
Utilities and Water Management Element: Development of the land will proceed on the basis of
connection to the County's sewer and water distribution system. These facilities are to be designed,
constructed, conveyed, owned, and maintained in accordance with the current Collier County
ordinances. Water management facilities will be constructed to meet current County Ordinances.
These facilities will be reviewed and approved as a function of obtaining subsequent development
order approvals. The above-prescribed course of action makes this petition consistent with this
element of the GMP.
ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
determination must be based. This evaluation is intended to provide an objective, comprehensive
overview of the impact of the proposed land use changes, be they positive or negative, culminating in
a staff recommendation based on that overview. The listed criteria are specifically noted in Section
10.02.13 of the Land Development Code thus requiring staff evaluation and comment, and shall be
used as the basis for a recommendation of approyal or denial by the Planning Commission to the
BCe. Each of the potential impacts or considerations identified during the staff review is listed under
each of the criteria noted and is 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.
Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive action
by appointed and elected decision-makers. The eyaluation by professional staff includes an analysis
of the petition's relationship to the community's future land use plan and whether a rezoning action
would be consistent with the Collier County GMP in all of its related elements. (See Exhibit "A" and
Exhibit "B"). Other evaluation considerations should include an assessment of adequacy of
transportation infrastructure, other infrastructure, and compatibility with adjacent land uses, a
consideration usually dealt with as a facet of analyzing the relationship of the rezoning action to the
long range plan for future land uses. Based on staff's analysis, this project, with the mitigation
provided in the PUD document, should not adversely impact any adopted level of service standard.
Environmental Analysis: Environmental Services Staff has reviewed the petition and has
recommended approval subject to the conditions contained in Section 5.10 of the PUD document and
in the Environmental Advisory Council (EAC) Staff Report (Exhibit "D").
The EAC will be reviewing this petition at their June 1,2005 meeting. The County staff will verbally
provide the EAC's recommendations to the CCPC during their public hearing of this item.
Transportation Analvsis: Transportation Department Staff has reviewed the petition and has
recommended approval subject to the Transportation improvements contained in Section 5.8 of the
PUD document.
Utilities: The Utilities Department Staff has reviewed the petition and has recommended approval
subject to the conditions contained in Section 5.7 of the PUD document.
5
PUDZ-A-2004-AR-6279 BUCKS RUN PUD
Agenda Item No. 17E
July 26,2005
Page 11 of 154
Zoning and Land Development Review Analysis: The evaluation by professional staff includes an
analysis of the project's relationship to the community's future land use plan, and whether or not a
rezoning action would be consistent with the GMP. Other evaluation considerations include an
assessment of adequacy of transportation infrastructure, other infrastructure, and compatibility with
adjacent land uses. In addition, staff offers the following synopsis:
Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to
Collier County's legal basis for land use planning, refers to the relationship of the proposed zoning
action to the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The subject
property is zoned Bucks Run PUD, and is approved for 288 Affordable Housing rental apartments at
12 units/per acre on the "East Tract" (24.06 acres) and 60 residential units at 4 units/per acre on the
westerly 15.0 acres. Alternatively, the westerly 15.0 acres are approved and can be developed for a
church, a 360-student priyate school, and an approximate 120-child day care facility. The proposed
rezoning request eliminates the 360-student private school and replaces the 288 Affordable Housing
rental apartments with 96 standard residential units. In the case at hand, and based upon the Future
Land Use Plan, we have an expectation that the land will be used and developed for those land uses
authorized within the PUD. The development of the subject property is timely and consistent with the
FLUE of the GMP.
Relationship to Existing and Proposed Land Uses - Generally a discussion of this relationship
concerns the compatibility of the petitioner's proposed changes to the uses allowed in the PUD with
the adjacent properties to the north, south, east, and west. The subject property is proposed as a
modification of the already approved residential development, at the base density allowed in the
County's Comprehensive Plan, the landscaping and buffering requirements in the LDC will mitigate
any impacts between this use and the abutting uses.
NEIGHBORHOOD INFORMATION MEETING:
The petitioner held a Neighborhood Information Meeting on March 14, 2005, at the North Naples
Baptist Church, which was attended by seventeen individuals along with County staff and the
representatives of the owners. The petitioner explained that the density was being reduced from 348
units to 156 units, and that an affordable housing element was not being included with this
amendment. The school element was also removed, but the church and childcare facility will remain
on the Southwest Tract. If exercised, the corresponding 32 residential units would be subtracted from
the maximum 156 units proposed. Of those persons that spoke, most expressed concerns regarding
setbacks, buffers, and the type of product of the residential dwelling units. The petitioner agreed to
the following:
1. Construction of a six-foot tall concrete fence, which would be brown or tan in color and look like
wood or brick along the "East Tract".
2. All homes on the "East Tract" would have tile roofs.
3. The accompanying child day care facility would not be built until Collier Boulevard is widened.
STAFF RECOMMENDATION:
Planning Services staff recommends that the Collier County Planning Commission forward Petition
PUDZ-A-2004-AR-6279 to the Board of County Commissioners with a recommendation of approval
as set forth in the POD document.
6
PUDZ-A-2004-AR-6279 BUCKS RUN PUD
PREPARED BY:
MICHAEL 1. DE RUNTZ, C.F.M., PRINCIPAL PLANNER DATE
DEPARTMENT OF ZONING AND LAND
DEVELOPMENT REVIEW
REVIEWED BY:
RAYMOND V. BELLOWS, ZONING 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 DIVISION
DATE
Tentatively scheduled for the June 2, 2005, Board of County Commissioners Meeting
COLLIER COUNTY PLANNING COMMISSION:
RUSSELL A. BUDD, CHAIRMAN
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PUDZ-A-2004-AR-6279 BUCKS RUN PUD
Agenda Item No. 17E
July 26, 2005
Page 12 of 154
Agenda Item No. 17E
July 26, 2005
Page 13 of 154
REZONE FINDINGS
PETITION PUDZ-A-04-AR-6279
Section 10.03 .05 of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed change in
relation to the following, where applicable:
1. Whether the proposed change will be consistent with the goals, objectives &
policies of the Future Land Use Map and the elements of the Growth
Management Plan.
The proposed development is in compliance with the Future Land Use Element of the
Growth Management Plan. The requested density within Bucks Run MPUD is
consistent with the FLUE contained in the Growth Management Plan and therefore
will be consistent with the goals, objectives and polices of the Plan.
2. The existing land use pattern;
North: Wholesale landscape nursery, zoned Rural Agricultural
East: Three-story condos, golf course, other condos, and single-family homes, zoned
Vanderbilt Country Club PUD
South: Church and private school facilities, zoned Mission Church PUD
West: right-of-way then shopping center under construction, zoned Mission Hills PUD
Collier Boulevard is a principal northfsouth arterial roadway in Collier County, and as
such is a focus for development. As demonstrated above, PUD Zoning exists currently
on the subject property, as well as to the east, west, and south. The proposal would
incorporate a PUD rezoning and would be consistent with the existing and emerging
land use patterns.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
At 39.06 acres, Bucks Run MPUD is of sufficient size that it will not result in an
iso lated district due to the PUDs to the east, west and south. Abutting uses are
residential, a church, retail commercial, and a wholesale nursery, all of which are
consistent with the FLUE and with this proposed development.
EXHIBIT "A"
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PUDZ-A-2004-AR-6279 BUCKS RUN PUD
Agenda Item No. 17E
July 26, 2005
Page 14 of 154
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
The proposed amendment of the existing Bucks Run PUD mixed use to Bucks Run
MPUD is a logical amendment of the original PUD, and these uses have been
identified as consistent with the FLUE. The proposed project boundaries coincide
with the property owned by the applicant and as such are logical in relation to existing
conditions on the property. Therefore, the proposed PUD district boundaries are
logically drawn and they are consistent with the FLUE of the GMP.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
This area is seeing substantial residential development as a response to the need for
more housing in Collier County. In addition, Collier Boulevard is being widened to
increase the capacity of the road to support this and other residential and
nonresidential developments in this area. Furthermore, the capacity of the rest of the
County's infrastructure (sewer, water etc) is being expanded to support this growth.
Finally, the subject PUD has a positive relationship to the GMP.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
The proposed MPUD is an amendment of a previously approved residential PUD at a
reduced density and with fewer alternatives for non-residential uses included. This
proposal reduces the residential units from 348 to 156 dwelling units and eliminates
the Affordable Housing rental apartments element and the 360-student private school
element of this development, which is consistent with the FLUE; there is adequate
capacity within the County's infrastructure to support the additional units. The
additional acreage and dwelling units will be contained within the boundaries of the
proposed development and any impacts that might be generated are mitigated as part
of the conditions of approval for this project and therefore the approval of this request
should not adversely influence living conditions in the neighborhood.
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 the project took into account the requirement for consistency with
Policy 5.1 of the Traffic 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 an overall decrease in daily trips
within the PUD, from 2,870 average daily trips (ADT) to 1,830 ADT. The petitioner
has also agreed to postpone building the approximately 120-child day care facility
until the Collier Boulevard 6-lane widening is completed.
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PUDZ-A-2004-AR-6279 BUCKS RUN PUD
Agenda Item No. 17E
July 26, 2005
Page 15 of 154
8. Whether the proposed change will create a drainage problem;
The LDC 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 on adjacent property over and above what
would occur without development. In summary, this project has been reviewed for
consistency with the applicable regulations and required to mitigate all sub-surface
drainage generated by deyelopmental activities as a condition of approval.
9. Whether the proposed change will seriously reduce light and air to adjacent
areas;
The building heights (two stories or 35 feet for the single-family and two-family
dwellings, 40 feet and three stories for multi-family dwellings and 48 feet and three
stories for the church on the Southwest Tract), buffers and the setbacks proposed as
part of this development, will result in virtually no reduction of light and air to
adjacent areas. In addition, all projects in Collier County are subject to the
development standards that are unique to the zoning district in which they are located.
These development standards and others apply generally and equally to all zoning
districts (i.e. open space requirement, corridor management provisions, etc.) and were
designed to ensure that light penetration and circulation of air does not adversely
affect adjacent areas.
10. Whether the proposed change will adversely affect property values in the
adjacent area;
The MPUD amendment being requested is consistent with the previously approved
application, the only difference is the reduction of the maximum number ofresidential
uses, the elimination of the 288 Affordable Housing units and the school use and the
elimination of the 80-feet wide preserve area on the Eastern Tract. This is market rate
housing consistent in design and quality with the surrounding development in Collier
County, which has historically seen increases in land values. Staff sees no reason this
proposal will do anything but reinforce that trend, so it is staff's opinion that this
proposal will not adversely affect property values in adjacent areas. The petitioner
has agreed to place a six-foot high concrete fence, that will be tan along the adjoining
Vanderbilt Country Club Property line, and to require tiled roofs for the residential
units in the Eastern Tract.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations;
Surrounding uses are a mix of similar PUD rezones and vacant "A" zoned property.
This proposal is consistent with these surrounding uses and there are development
controls that are a part of this request that will minimize any potential impact it might
have on adjacent properties. Staff, therefore, feels that the proposal will not be a
deterrent to the improvement or development of the adjacent property and that, in fact,
it could be an impetus to the development of surrounding properties.
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PUDZ-A-2004-AR-6279 BUCKS RUN PUD
Agenda Item No. 17E
July 26,2005
Page 16 of 154
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
The proposed rezone to MPUD complies with the Growth Management Plan (GMP),
which is a public policy statement supporting zoning actions when they are consistent
with said plan. In light of this fact, the proposed MPUD 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 the GMP are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
Subsequent to approval of Ordinance #01-67, neighboring residents filed a lawsuit
against Collier County over approval of the POO Amendment. The filing of the
lawsuit has acted to prevent the petitioners from developing the PUD as previously
anticipated. Therefore, the developers are now petitioning to return to the original
approvals, except that the development of a school is no longer anticipated.
14. Whether the change suggested is out of scale with the needs of the neighborhood
or the County;
The proposed PUD has been approved at a density consistent with the allowable
density in the County's Growth Management Plan, and as such will be in scale with
the needs of the neighborhood and the County.
15. Whether is it impossible to find other adequate sites in the County for the
proposed use in districts already permitting such use.
There are many sites, which are zoned to accommodate the proposed development.
This is not the determining factor when evaluating the appropriateness of a rezoning
decision. The determinates of zoning are consistency with all elements of the GMP,
compatibility, adequacy of infrastructure and to some extent the timing of the action
and all of the above criteria.
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 applicant shows that 25 percent of the site (9.77 acres) will be kept in a natural
state as required by code. In addition, there will be a minimum of 53.06 acres of the
site, including two lakes, in open space, therefore residential development will take
place on 20.72 acres of the site.
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PUDZ-A-2004-AR-6279 BUCKS RON PUD
Agenda Item No. 17E
July 26, 2005
Page 17 of 154
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County
Growth Management Plan and as defined and implemented through the Collier
County Adequate Public Facilities Ordinance, as amended.
A multi-disciplined team responsible for jurisdictional elements of the 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 determined that required
infrastructure meets with GMP established relationships.
12
PUDZ-A-2004-AR-6279 BUCKS RUN PUD
FINDINGS FOR PUD
PUDZ-A-04-AR- 6279
Agenda Item No. 17E
July 26, 2005
Page 18 of 154
Section 10.02.13 of the Collier County Land Development Code requires the Planning Commission
to make a finding as to the PUD Master Plans' 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 Bucks Run
MPUD document give assurance that all infrastructures will be developed consistent with
the 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. Recommended 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 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.
Documents submitted with the Bucks Run MPUD application provide evidence of
unified control. The MPUD 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 (GMP).
The subject petition has been found consistent with the goals, objectives and policies of
the GMP. The Bucks Run MPUD proposes 185 residential dwelling units and a church
and a childcare facility in the Southwest Tract, that are consistent with the GMP (See
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 PUD Master Plan has been designed to optimize internal land use relationships
through the use of various forms of open space separation. The LDC, to assure
hannonious relationships between projects, automatically regulates external
relationships.
EXHIBIT "B"
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PUDZ-A-2004-AR-6279 BUCKS RUN PUD
Agenda Item No. 17E
July 26,2005
Page 19 of 154
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
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.
The proposed Bucks Run MPUD will not adversely impact the timing of sequence of
development that is currently allowed in the area. The petitioner has agreed not to build
the approximate 120-child day care facility until the 6-lane improvements are completed
for Collier Boulevard (Section 5.8.M). Furthermore, the adopted concurrency
requirements ensure that further LOS degradation is not allowed or that the LOS
deficiency will be corrected.
7. The ability of the subject property and of surrounding areas to accommodate
expansion.
Ability, as applied in this context, implies supporting infrastructure such as wastewater
disposal system, potable water supplies, characteristics ofthe property relative to hazards,
and capacity of roads, is supportiye of conditions emanating from urban development.
This assessment is described at length in the staff report. In addition, this petition will not
adversely impact any preyious determination of consistency with the GMP. The project is
also timely because the supporting infrastructure is available.
8. Conformity with PUD 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.
This criterion essentially requires an evaluation of the extent to which development
standards proposed for this PUD depart from development standards that would be
required for the most similar conventional zoning districts. The change is simply an
increase in the amount of land in the PUD and the number of dwelling units. Whereas the
overall number of dwelling units increases, the density and development regulations stay
the same.
14
PUDZ-A-2004-AR-6279 BUCKS RUN PUD
Agenda Item No. 17E
July 26, 2005
Page 20 of 154
APPLICA nON FOR PUBLIC HEARING FOR:
. ..- O!1l.QllgQf'!gI~J!.!l~_ _. Dpup TO ~Ul!_REZ.Qf':{.Q. (!!J!P~-.& __________. ._
Petition No.:
Planner Assigned:
RE-SUBMITI AL
PUDZ-A-2004-AR-6279
PROJECT #19990120
DA TE: 1/18/05
ROBIN MEYER
-
Date Received:
Commission District:
1. General Information:
ABOVE TO BE COMPLElED BY STAFF
Name of Applicant(A) Domonic P. Tomei. Pres. Of Restoration Church. Inc.
Applicant (A)'s Mailing Address 1459 Pine Ridl!e Road
City Naples
State Florida Zip 34109
Applicant's (AYs Telephone # 594-1203
Fax # 594-9054
Name of Applicant(B) William. L. Hoover, as President ofCataIina Land Group, Inc., the
Manager of Bucks Run Estates, LLC
Applicant (B)'s Mailing Address 3785 Airport Road N.. Suite B-1
City Naples State Florida Zip 34105
Applicant (B)'s Telephone # 403-8899 Fax # 403-9009
Name of Applicant(C) Timothv 1. Crane. Manager. Bucks Run Developers. LLC
Applicant (A)'s Mailing Address P.O. Box 5265
City Frisco
State Colorado
Zip 80443
Applicant (CYs Telephone # 970-547-5047
Fax # 970-547-7102
ADollcatlon For Pllblle He.rilll! For PUB Rezone 6/14/04
Agenda Item No. 17E
July 26, 2005
Name of Co-Agent William L. Hoover. AlCP Firm Hoover Planninll & Dev.. ~?ge 21 of 154
Agent's Mailing Address 3785 Airport Road N.. Suite B-1
City N spIes State Florida Zip 34105
Agent's Telephone # 403-8899 Fax # 403-9009
Agent's E-Mail Address:BillH@HooverPlann.in.2.com
-- -- - ---- - - -
Name of Co-Agent Richard J. Yovanovich Finn Goodlette. Coleman & Johnso~ P.A.
- ------ -.- ---- ------~-
-- - ---- ---.- - ------.----
--------. - -----------
Agent's Mailing Address 4001 Tamiami Trail N.. Suite 300
City Naples State Florida Zip 34103
Agent's Telephone # 435-3535 Fax # 435-1218
Agent~ s E-Mail Address:RYovanovich@GCJLaw.com
*Be aware that Collier County has lobbyist regulations. Guide yourself accordingly
and ensure that you are in compliance with these regulations.
Complete the following for all Association{s) affiliated with this petition. (Provide additional sheets
if necessary)
Name of Homeowner Association: Vanderbilt Country Club HOA. c/o Glen Cribbett
Mailing Address 8250 Danbury Boulevard City Naples State Florida Zip 34120
Name of Homeowner Association: Island Walk HOA c/o Joe Moeller
Mailing Address 4021 Trinidad Wav
City Naples State Florida Zip 34119
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Master Association: NA
Mailing Address
City
State _ Zip
Name of Civic Association: NA
Mailing Address
City
State _ Zip
ADDlicatioD For Public HearlDl! For Pm Rezone 6/14104
Agenda Item No. 17E
July 26, 2005
Page 22 of 154
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
NA
Percentage of Ownership
-------~..._---_.._~~--_. -_._--~ .."-..-... - ._,-------~-
b. If the property is owned by a CORPORATION, list the officers and stockholders and the
percentage of stock owned by each.
Name and Address, and Office
Applicant (A) Domonic P. Tomei. Pres.
Restoration Church. Inc. is a Non-Profit Entity
(see attached breakdown)
Percentage of Stock
None
100%
Name and Address, and Office
Applicant ill) William L. Hoover. Pres. of
Catalina Land GrouP. Inc.. as the Manal!er
of Bucks Run Estates. LLC (a Florida LLC)
(see attached. breakdown)
Percentage of Stock
NA
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
NA
Percentage of Interest
d. If the property is in the name of a GENERAL or LIMITED PARTNERSIDP, list the
name of the general and/or limited partners.
Name and Address
Applicant (C) Timothy 1. Crane. Manae:er
Bucks Run Developers. LLC
(see attached breakdown)
Percentage of Ownership
ADnllClltion For Public Beuln!! For PlID Rezone 611.104
Agenda Item No. 17E
July 26, 2005
Page 23 of 154
BREAKDOWN OF OWNERSmP WITH.lN THE BUCKS RUN PUD
Applicant "A" - Breakdown of Officers for Restoration Church. Inc.
(Owns the "Southwest" Tract and it is a Florida Non-Profit entity)
Domonic P. Tomei, 1811 16th Avenue SW, Naples, FL 34117, President
Robert W. Poulsen, 5601 Green Blvd., Naples, FL 34116, Vice-President.
Ken Melby, 5868 Paradise Circle, Naples, FL 34110, Treasurer.
___m_ _ ----WiHiam-Preussner;-} 0046 Boca-A~S;-;-Naples; FJ:;-34t09;-Secretary;--------------- - --- .-------------
Applicant "B" - Breakdown of Ownershi,p of the Bucks Run Estates. LLC
(Owns the "East" Tract and it is a Florida LLC)
Share
10%
30%
5%
20%
27.5%
7.5%
100%
Owners Name with Addresses
Robert & Kay Hartman, 21109 Pargillis Road, Bowling Green, OH 43402
Thomas & Julie Hoover, 4025 Hillman Road, Morral, OH 43337
Tim & Susan Brick, 5095 SeahorseAve., Naples, FL 34103
Q. Grady & Nancy Minor, 5192 Seahorse Ave. Naples, FL 34103
Michael Moore and Peter Tierney, 9225 Gulfshore Drive N., Naples, FL 34108
WiIliam & Charlene Hoover. 5690 Wax Myrtle Way. Naples. FL 34109
Totals
Catalina Land Group, Inc. is the Manager of Bucks Run Estates, LLC and is owned 100% by
William and Charlene Hoover, 5690 Wax Myrtle Way, Naples, FL 34109.
Officers of Catalina Land Group, Inc. are: Q. Grady Minor, PE, 5192 Seahorse Avenue,
Naples, FL 34103, as a Vice-President; Jeremy Sterk, 2875 Garland Drive, Naples, FL 34117,
as a Vice-President; Charlene Hoover as Secretary/Treas. and William Hoover as President.
Aoplicant "C" - Breakdown of Ownership of Bucks Run Developers. LLC
(Owns the "Northwest" Tract and it is a Florida LLC)
Bucks Run Developers. LLC is owned by:
100% Compass Homes Development, LLC, a Colorado LLC, P.O. Box 5265, Frisco, CO 80443.
The manager of Bucks Run Developer, LLC is Timothy J. Crane, P.O. Box 5265, Frisco, CO
80443.
Compass Homes Development LLC is owned by:
50% Merriman Business Ventures, LLC (a Florida LLC) c/o George M. Merriman, Jr., Manager,
2051 Snook Drive, Naples, FL 34102.
50% SHD, Inc. a Colorado corporation, c/o Timothy J. and Dawn Crane (officers and owners),
P.O. Box 5265, Frisco, CO 80443.
The managers of Compass Homes Development, LLC lire George M. Merriman, Jr., Timothy J.
Crane, and Dawn Crane of the above listed addresses'.
230DPUDOwncrBkdn
Agenda Item No. 17E
July 26, 2005
e. If there is a CONfRACT FOR PURCHASE, with an individual or ~! 164
Corporation, Trustee, or a Partnership, list the names of the contract purchasers below,
including the officerS, stockholders, beneficiaries, or partners.
Name and Address
NA
Percentage of Ownership
Date of Contract:
f. If any contingency clause or contract terms involve additional parties, list all individuals
or officers, if a corporation, partnership, or trust.
Name and Address
NA
g. Date subject property acquired by Applicant (A) - "SW Tract" in February 2002. and by
Applicant ill) "East Tract" in Janwuy 2000. and bv Applicant (C) in November 2004.
leased ( ): NA Term oflease NA vrs.lmos.
If, Petitioner has option to buy, indicate date of option: NA
terminates: , or anticipated closing date
and date option
h. Should any changes of ownership or changes in contracts for purchase occur subsequent
to the date of application, but prior to the date of the final public hearing, it is the
responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure
of interest form.
3. DetaUed lenl description of the propertv 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 n 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: 35
Township: 48
Range: 26
Lot:
Block:
Subdivision:
ADDflClltioa For PubUc HearlDIr For PUn RtzOJIe 6114/tU
Agenda Item No. 17E
July 26, 2005
Plat Book_ Page #: Property I.D.#: "SW Tract" - 00206200002. ''NVV'~of 154
00206800703. and "East Tract" - 00206040000.
Metes & Bounds Description: The North ~ of the SW ~ of the SW ~ of Section 35.
Township 48S. Ranfle 26E. Collier County. Florida. less and except the west 100 feet thereof.
previouslY conveved for a road and canal right-of way and the North ~ of the SE Y.. of the SW
~ of Section 35. Township 48S. Range 26E. Collier County. Florida. (See attached deeds
showine each of the 3 tracts' legal descriptions.)
4.
Size of property: 669 ft. X 2540 ft.' = Total Sq. Ft.
Acres 39.06
-~~.._-------~ ---------- - -
._..__.___._..._,_...____,._______._~__'~_..___._.,___,__._..___n. ___~.__ ----.-~-'~ '.-._--- --- .-
5 . Address/S!:enerallocation of subiect propertv: Located approximately 700 feet north of
Vanderbilt Beach Road on the eastern side of Collier Boulevard.
6. PUD District (LDC 2.2.20.4):
xD Residential D Community Facilities
D Commercial 0 Industrial
7. Adiacent mnmS!: and land use:
Zoning
Land use
N Agricultural
Wholesale Landscape Nursery
S Mission Church PUD Church and Private School Facilities under construction
E Vanderbilt Country
Club PUD
'Three-story condos. golf course. other condos. and
sinele-familv homes.
W ROW then Mission
Hills PUD
Shopping Center under construction.
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: Subdivision:
Plat Book_ Page #:
Property I.D.#:
Metes & Bounds Description:
AoolicatioD For PublIc HearlDl! For PUD Rezone 6/14104
Agenda Item No. HE
July 26, 2005
Page 26 of 154
8. Rezone Roouest: This application is requesting a rezone from the PUD-ResIdential zoning
district(s) to the PUD-Residential zoning district(s).
Present Use of the Property: Undevelooed but zoned for 288 Affordable Housing Units on
East Tract. and 60 residential units or private schoot~'~e center. and church on the NW
and SW Tracts.
Proposed Use (or range of uses) of the property: Up to 156 residential units and alternatively
on the SW Tract a church/child care facility may replace the SW Tract's 32 residential units.
Original PUD Name: Bucks Run PUD Ordinance No.: 01-67
9. Evaluation 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 Commission,
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.
9. Deed Restrictions: The COllllty is legally precluded from enforcing deed restrictions,
however, many communities have adopted such restrictions. You may wish to contact the
civic or property owners association in the area for which this use is being requested in order
to ascertain whether or not the request is affected by existing deed restrictions.
10. Previous land use Detitions on the subiect Dropertv: To your knowledge, has a public
hearing been held on this property within the last year? If so, what was the nature of that
hearing? No.
11. Additional Submittal reauirements: In addition to this completed application, the following
shall be submitted in order for your application to be deemed sufficient, unless otherwise
waived during the pre-application meeting.
a. A copy of the pre-application meeting notes;
b. If this rezone is being requested for a specific use, provide twenty (20) copies (this
includes: HUI if affordable housing, Joyce Ernst, if residential and ImmokaleelWater
Sewer District, if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 8 Y2"
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 cepe];
· 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),
ADDliutioD For Public Hearlne: For PUD Rezone 6/14/04
r
\.
Agenda Item No. 17E
July 26, 2005
. all existirlg and/or proposed parking and loading areas [include matrix in.df~ of 154
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,
-_.- -.-- -- ------ -~ ~---- - ----
__~_ ____ - - __ __ ______________._. ___~___.__ __ _.___0.-0"
I -
c . An architectural rendering of any proposed structures.
d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land
Development Code (LDC) , or a request for waiver if appropriate.
r
',,-~/
e. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken within
the previous twelve months), minimwn 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. Additionally, a calculation of the acreage.
(or square feet) of native vegetation on site, by area, and a calculation and location(s) of
the required portion of native vegetation to be preserved (per LDC Section 3.9.5.5.4.).
f. Statement of utility provisions (with all required attachments and sketches);
g. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
h. A historical and archeological surveyor waiyer application if property is located within
an area of historical or archaeological probability (as identified at pre-application
meeting);
1. 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 permits.
J. The petitioner must provide a letter of no objection from the United States Postal Service
prior to submittal of the application. Please contact Robert M. Skebe, Growth
Management Coordinator at:
U.S. Postal Service
1200 Goodlette Road
Naples, Florida 34102-9998
Phone (239) 435-2122; Fax (239) 435-2160
k. An electronic version of the PUD on a disk as part of this submittal package.
r 1. Boundary Survey, no more than six months old - LDC Section 2.7.3.1.2.(8)
'\ / ADDlicatioa For PubUe HearlDII: For PUB Rezone 6/14/04
I 0
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//Et:lS' 1- r;.~ cf /1 '3298596 OR: ~~41ap~21~a~
RICORDID in OffICIAL RBCORnS of dO~il3coffil,1~~L
11/20/2003 at 09:31AK DWIGHt i. BROel, CLIRl
:l -$I, () t /I c '('e .1' COliS 1560000.00
RBC m 15.00
DOC-.10 10920,00
This instrument prepared by:
David C. Bourgeau, Esquire
SWALM & BOURGEAU, P.A.
2375 North Tamiami Trail, Suite 308
"'-Napte-s-; Florida- 34103.---..--m .--..--"
Retn:
SVALK & BOORGIAU
2315 !AlIAHI ,a K '308
HAPLlS lL 34103
Property Appraisers Parcel
Identification Number: 00206040000
WARRANTY DEED
THIS WARRANTY DEED made this J'7 day of November, 2003, by WILLIAM L. HOOVER,
both Individually and as Trustee of the Bucks R~iand Trust dated the 27th day of July, 1999. hereinafter
called the Grantor, to BUCKS RUN ESTATES, LLC, a Florida limited liability company, whose post office
address is 3785 Airport Road. #B-I, Naples, Florida 34105, hereinafter called the Grantee:
WITNESSETH: That tbe Grantor, for and in consideration of the swn of$10.00 and other valuable
considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, reQlises,
releases, conveys and confirms unto the Grantee all that certain landsituatem Collier County, State of
Florida, viz:
See Exhibit "An attached hereto and made part hereof.
Subject to easements, covenants, restrictions and reservations of record, roning regulations, and ad
valorem real property taxes accruing subsequent to December 31, 2002.
The Grantor hereby warrants that this is not his homestead, nor that of his spouse, nor any
of his children, nor is it contiguous thereto. The Grantor resides at 5690 Waxmyrtle Way, Naples, Florida
34109.
TOGETHER, with all tenements, hereditaments and appurtenances thereto belonging or in anywise
appe11aining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND the Grantor hereby covenants with said Grantee that the Grantor i.s lawfully seized of said land
in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, and hereby
warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever;
and that said land is free of all encumbrances, except as provided hereinbefore.
OR: 3f~i,~;~,b~~
. Page 32 orr54
IN WITNESS WHEREOF, the Grantor has hereunto set its hand and cOlJ>orate seal the day and year
first above written.
.- Signect--inthe presence of;~--
~jJ j Q(/). t' fr..-----.
. ~ L ,t ' \... .let . L~
Witness #1 - Signature
~y~~ ..
WILLIAM L. HOO R, both IndIvidually and
as Trustee aforesaid
J-.JAJbA J. ('J-/Q-LL-O
Wi~#l - ~nted Namj' 1
It- l t~,oJ. /~",,-~r-d:~
~~ess #2 - Signature ?J'
I .. . OJ
P,t.l IJ i.t\ bJ . r('-i AJ ,':J ~ ~:::>.
'- I
Witness #2 - Printed Name
,S7R 5 tl:i-p:_r);I;~f V. {oS '-:..{~ ii'.,. I
II
, I ./ ____
AJlr~(~-s; f-C :f<tiO":.-
Post ffice Address
STATE OF FLORlDA
COUNTY OF COLLIER . . ./
T"
The foregoing instrument was acknowledged before me this / 7 day of November, 2003, by
WILLIAM L HOOVER, both Individually and as Trustee aforesaid, ()<) who is personally known to me
or ( ) who has produced ,~, \\"~;";~:'-'I" ~ as
t'" \,,- _ .J~
identification. '.' .....:..\\\\. \\S::::J'I,.'-""-. ~
..~ DAV:Dw~rrmn1ERS /7. _ ".' /) J j~~(:{~:ki~~i::i~
~lirrfgC(B';~nf;~.!i'~:i{i,~~~b1OS /C~~ IC.~~~ ~~ ,'U ..:, ~:'
(SEAL) "~,,,J .<ow,.,,_, <w,,, Not~ PU~liC Signature' *:~:~~%~>}
D ... "~.', <'...,11'- \,\ .
r '-'. -::~1 ,.,<,II,iII/HPI"\\'\ ".~, I"
't" l>, J. lj L-' ( c y....v.D:~7-k~I\ ".~' .
,
Printed Name - Notary Public
My commission expires:
I
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/Icy- e. S'
3523338 OR~g~9~e,p~. 134-.-..
RIeOlDl>> 11 O!UCIlL neORDS ~bi'''i~Q",", !t
12/13/200t at 11:521X DIIGB! I. B~OCl, Ctlll
lie III 18.50
DOC-.70 .70
caPIBS 2.00
Prepared by and return to:
Michael A. BavieUo, Jr.
Attorney at Law
Michael A. Baviello, Jr., P.A.
1025 Fifth Avenue North
Naples, FL 34102
239-434-6644
File Nwnber: 04-1223
Will Call No.:
letn:
IICBllL A BAVIILLO Jl
1025 !I!!I AVI R
IAlLIS lL 34102
__ _..__~...___..____...______m_.___"_"~____"_ --_._,.._,-_.__.__.__..~_._-_._---_. --- .--..,.... ,----~ .. -"--..------.- .------.,--..-.-.--~.-,_...-----..-.-- .------
rSpace Above This Une For Recording Data]
Warranty Deed
This Warranty Deed. made this 13th day of D~c.iDber, 2004 bct\Veep.~f)mpa$s Homes Development, LLC, a
Colorado limited llabUity company whose post office address is 60 Seagate Drive #1700, Naples, FL 34103, grantor, and
.Bucks Run Developers, LLC, a Florid~ Ilmited Iiabillty company whose post office address is P.O. BOX 5265, Frisco,
CO 80443, grantee:
(Whenever used herein the terms 'grantor" and "grantee" include all the panics to this instrument and the heirs. legal representatives, and assigns or
individuals. and the successors and assigns or COI'porations. trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NOlloo DOLLARS ($ I 0.00) and other
good and valuable considerations to said grantor in hand paid by said grantee. the receipt whereof is hereby acknowledged,
has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land.
situate, lying and being in <;:olller County, Florida to-wit:
Parcel I-A (Bucks' Run PUD):
"
A portiOD of the North Y2 of the Southwest ~ of the'Southwest ~ of Section 35, TOWDship 48 South,
Range 26 East, Co Iller County, Florida, less and except the West 100 feet thereof, previously
conveyed for a road and canal right-of-way, being more particularly described as follows:
Commence at the Sout~west corner of the Southwest Quarter of said Section 35; thence run N 00
degrees 00' 00" E along the West line ohald Southwest Quarter for a distance of 1338.86 feet; thence
run S 87 degrees 47' 31" E for a distance of 100.07 feet to the POINT OF BEGINNING of the parcel
of land described herein; thence -continue S 87 degrees 47' 32" E for a distance of 913.68 feet; thence
run S 10 degrees 32' OIl' E for a distance of 376.81 feet; thence run N 87 degrees 47' 39"W for a
distance of 9lt2~62 feet; thence run N:Obdearees 00' OO"E for a distance of 367.84 feet to the POINT
OF BEGINNING orthe parcelo! land herein described, containing 8.0 acres, more or less.
Subject to that certain easement recorded In O~R. Bo~k)<$"~,. Pag~}34, Public Records of Collier
County, Florida.,."'" 'r.",
"," "'.......... .
/" .. ..' ..:;....: .:~~.i ..... ".::}~
Parcel Identification Number: 00206800703 -j-'.',- .'; ".":IT:' '-- -'. % "'~::.;.:-.
: :~:.'~"."..;' .~.....:..~: ~
Subject to tues Cor the current year and I~,b.equent yeari! coven~t!; :;Sbndltio~i, '~estrlctions,
easements, reservations and limitations of record; if any. ...... . i; (.\:\.. .~. /.\ '::-'" ..
....~ '. .....~.~ ,...,.....~~.~-... ~
Conveyance between related parties of unencumbered property,tber~f~t're".~~in:aum documentary
stamps are affixed. ..... ......., - '.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
DoubleTlm..
t*t OR: ~9S~a~tG~ J,$~ ~~
July 26, 2005
Page 34 of 154
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all
encumbrances, except taxes accruing subsequent to December 31,2004.
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.
... -_...._Signe~_$ealed~ddeJjy_e.t~djnQl,l{pres.eJlC;;~. ..'-'-,-, - _._h__._._ '''--'N' .- ..-..---.--. - ------.
" I
/
Camp s =~ DeVelqp~nt, LLC, a Colorado limited
liabili c _" /~
/,1 /;''''.1f./ .'
; ," ;' .
/' ' .'.
/1 (. :::.- ~ ,i-"'>:A . .
W' N" v1icRaeI . .. BavieIkl, Jr.
Itness ame: /',
,. e, Its Managing Member
~d~
itness Name: . r91?5
(/
State of Florida
County of Collier
The foregoing instrument was acknowledged before me this 13th day of December, 2004 by Timothy J. Crane, Its Managing
Member of Compass Homes Development, LLC, a Colorado limited liability company, on behalf of the corporation. He
U i, p,...onaUy known to "" or [ ] bas producod a deiv"', liccns, as ~~ '
~~
Notary Public Michael A. BavIeIIo, Jr.
Printed Name: ~:..
[Notary Seal]
\1\11" iiI/II",,,
~"',\~,\ ~ BavieU!"~...
S~,glo ........ ~.~,-~
"*. -:.l.\SSIOI{"' VI" ~
~ ..- y €to.... ~
:.:: .. v(.; ~~ 26, d. :ro "" 'i.
~ ......~ 't>~.-
.: :::tl.4. ~CI'~*::
=* : ..~ : =
- . . -
S ~ ~ 100183&43 : ~ ~
~-9.... ~ t.cf~
~~~." ~~".~~ '1\1'1'111"'1, '.' ,,_
~ 'o'.:!............d<. ~~~ '\'\\\\ "I/.Ij
~1/,VfiI.IC Si~~:\"" .....' . ,/,/,/ ".-~v...,.~:l" ~ ,
JfillltrhtH\\l'" ..:..~. ' ~ > , " , ,~ ....... ...... ....~, .
State of FfoRIDA' . -. . ':: 7: ~~'" ' \, --: ...';...., .
County of COLLIER ~ . '., ~,_ m"t>."
I ~eRe~Y CERnFYTHAT~1s Is ~true :: .
.nij COrrtct ~y of a document reColtfed
~~~~~~~i".
DWIGHT Ei'll/lOO(. ~"""""-~:
CLERK 0\ CIRCUIT COUFfT ..'
{:, 'f, .
My Commission Expires:
..
Warran(v Deed. Page 2
.c.
Doubl.nm..
...:\
Agenda Item No. 17E
July 26, 2005
Page 35 of 154
.....
,
-'
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both, public and private.
There are adequate and available facilities for this project. Furthermore, 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.
_~~E!giect is in the l.[rban ArelL~~~~.~_~areahasJheability-tQ.accommodateexpansion.
The site can connect with supporting infrastructure, including the County's water and wastewater
systems. In addition, the ability of the area to accommodate expansion due to this
project is subject to mitigation as contained in the PUD Document,
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.
The criterion essentially requires an evaluation of the extent to which development standards proposed
for the Bucks Run PUD depart from development standards that would be required for the most
similar conventional zoning district The development standards in the Bucks Run PUD are similar to
those standards.
..
Agenda Item No. 17E
July 26. 2005 .
Page 36 of 154
STATEMENT OF UTILITY PROVISIONS FOR. PUD REZONE BEOUEST
1. NAME OF APPLICANT: a) WILLIAM L. HOOVER: b) DOMINIC P. TOMEI
2. MAILING ADDRESS: a) 3785 N. AIRPORT RD.. SUITE B-1. NAPLES. FL. ~410S: b)
1459 PINE RIDGE RD. NAPLES. FL.. 34109
3.
ADDRESS OF _~YB~CT PRQJ?~RJY.CIEAY..AlLABLR)' NotllY.ailable
--
-- -:.,::
4. LEGAL DESCRIPTION:
Section 35
Township: 48
Railge: 26
Lot: N/A
Block: N/A Subdivision: N/A
Plat Book N/A Page #: N/A Property I.D.#: (1) 00206200002. (2) 00206040000
AND (3) 00206800703
Metes & Bounds Description: See attachment
5.
TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system):
a. COUNTY UTILITY SYSTEM [gI .
b. CITY UTILITY SYSTEM 0
c. FRANCHISED UTILITY SYSTEM 0
PROVIDE NAME
d. PACKAGETREATMENTPLANT 0
(GPD capacity)
e. SEPTIC SYSTEM 0
6.
TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM
b.CITY UTILITY SYSTEM
c. FRANCHISED UTiLITY SYSTEM
PROVIDE NAME
d. PRIVATE SYSTEM (WELL)
.~.
D
o
o
PUDZ-A_2004~AR-6279
PROJECT # 19990120
DATE: 8/412004
ROBIN MEYER
01/171031\I)DIl<:lI.tlGR FGr Public Htarin2 For PUB Rezone
TOTAL POPULATION TO B~ SERVED: 254 (ERC's equivalent)
. 8. PEAK AND AVERAGE DAILY DEMANDS:
A. WATER-PEAK 58.674 GPD AVERAGE DAILY 39.1l6GPD.
B. SEWER-PEAK 39.624 GPD AVERAGE DAILY 30.480 GPD
Agenda Item No. 17E .
July 26, 2005 '. ..'
Page 37 of 154 '.
7.
9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER
SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE
REQUIRED: DECEMBER~ 2004.
..~-"'~~
.;.;.-.---
..~~.
NT: Provide a brief and concise narrative statement and schematic
drawing of sewage treatment process to be used as well asa specific statement regarding
the method of affluent and sludge disposal. If percolation ponds are to be used, then
percolation data and soil involved shall be provided from tests prepared and certified by a
professional engineer.
Sanitary sewer system will consist ofa series of laterals, manholes and pipes conveying the
flows to a single pump station that will be tied into an existing force main that runs along
CR951. Please refer to Exhibit "A" of this submittal.
. 11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is
located withiIi the services boundaries of Collier County's utility service system. written
notarized statement shall be provided agreeing to dedicate to Collier County Utilities the
water distribution and sewage collection facilities within the project area upon completion
of the construction' of these facilities in accordance with all applicable County ordinances
in effect at the at time. This statement shall also.mclude an agreement that the applicable
system development charges and connection fees will be' paid to the County Utilities
Division prior to the issuance of building permits by the County. If applicable, the
statement shall contain shall contain an agreement to dedicate the appropriate utility
easements for serving the water and sewer systems.
Please refer to attached utility dedication statement.
12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS:
Unless waived or otherwise provided for at the pre-application meeting, if the project is to
receive sewer or potable water services from any provider other than the County, a
statement from that provider indicating that there is adequate capacity to serve the project
shall be provided.
N/A
Utility Provision Statement RJM 10/17/97
. 02117103 Application For Public Hrarinll For PlJO Rezolle
Agenda Item No. 17E
July 26, 2005
Page 38 of 154
UtiIitv Dedication StDtement
I, William L. Hoover being fii:'st duly sworn, depose and say that this written notarized
statement is provided to and agreeing to dedicate to Collier County Utilities the water
distribution and sewage collection facilities within the project area upon completion of the
coIlS'troction of these facilities in accordance with applicable County ordinances in effect at
the at time. We also agree that the applicable system development charges and connection
fees will be paid to the County Utilities Division prior to the issuance of building permits
bv tbCLCqp!,ty A~ am1L~~~{;8.t.e:Jh~appr:ept:iate::iltility-=easements::-fur:'~::-:~=
serving the water and sewer systems.
~y~~
SIGN~ ofWil iam L. Hoover .
State of Florida
County of Collier County
The foregoing Application was acknowledged before me this
j '-1111
.
Day of hl' 2004, by_P>,l.L Hoo\E~ Who is personally known to me or
-- ----....
who has. produced
As identification and who did
(did not~ take an oath.
~OfN~
5'l1Z~ ~K
NOTARY PUBLIC
~M ~
lU~
0Zl27J03 ADtllicaUon For Pilbllc Hearilll! For pun Rezone
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- ..
l_'''---
AFFIDA VIT
Agenda Item No. 17E
July 26, 2005
Page 41 of .154
. .
Well, Bucks Run Estates, LLC beingfirst 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
-o~bmtiJe'd, GO'odf-et~O'h!ma:a &-ir-ohu6..m, PA--
Q. Grady Minor & Associates, Ino.
As property owner We/lfurther authorize Hoover Planning & Dev., Inc. to act as
our/my representative in any matters regarding this petition.
~f y~_
Signature of Property Owner ' Signature of Property Owner
William L. Hoover, Pres. of Cata~ina
Land Group,' Inc. ,the Manager of
Bucks Run Estates, LLC
Typed or Printed Name of Owner Typed or Printed Name of Owner
The foregoing i~ment was acknowledged before me this '2,p*'^- day of ~ .
by' A.:A \ \'iI\vY\ ~e(..' . who is personally known to me or has produced
as identification. .
'. 200!::/:..-;..
. Slate of Florida
County of Collier
J:t.t<4~C-'.~
(. 1 a/ure of NotalY Pu lie - late of
Florida)
(Prim, Type, or SIamp Commissioned
Name of Notary Public)
AI1Dlication For Public Hearhul For pun Rezone 8/29103
1Jj ~~D0111011
\;... t;.I ~ t.Wch ~. 71i07
PUDZ-A-2004-AR-6279
PROJECT # 19990120
DATE: 8/4/2004
ROBIN MEYER
MA~-~2-20e4.e3:41 PM HOOVE~ PLA~NI~G & DEV.
2394939099
P 92,
Agenda Item 1\10, 17E
July 26, 2005
Page 42 of 154
. AFFlDA JIlT
Domonie p. Tomei, Pres. .
Well. 'R,,.t-01"lIl1-.of nn t'!ht11"t"!h, Tnt!., beingflrsl duly sworn, depose and say that well. amlar,
th, own,rs of the property described herein and whiclr .is the subject mottn- of 1M proposed hearing;
that all the answers to the questions in this application, including Ihe disc/OSUI'e of intereSI
i~for",Qt;on, 'all.rletches, data, and other supplementary malter attached to a11d mad, a porI of this
application, are honut and true to the best of our Jcnowledge fJ'IU'1 belief. Well understand that Ihe
.' _.J~JJes.red Of! IntI application "1usJ-b.e..compleu.. ~d accui'tIU Qlul-.that-,he..e9JfU1tle! lItu "_
form, whether computer generated Or County printed shall nor he altered Public hearings will17()t be
advertised until this tlf'pllcation is deemed compl,t" and a!l required iliformation has been
submined Goodlette, Coleman & Johnson, PA
Q. Grady Minor & Associates
As property owner Well further authorize Hoover Planning I Dev. ~ J:ne. to act as
oUr/my representative in any mtlttus regarding this Petition..
Signature -of Property Owner
~~,
Signature of PropertY Owner .
'fypitd or Primed Name of Owner
Dononio P. Tomei, President
TYped 01' Printed Name of Owner
: Thtforegoing t~fn:lmentwpsaclcnowled~d.bBfg,..M8J. is S . day of ~,200cl.
by ~ ~(c.. ~ f'v\. o.e \ who 14.,pe,rsonally known me Qr has produced
as identtflCilJ{on.
~RS,-,i~.
Slate of Florida
County of Collier
(Signature of Notary Public -Stal, of
Florida)
~ . FAYELSCOTT
~ PublIc, Sl8ta Of FIortda
. My Commlsalon Expha 71a1OS
OOmmlealon No. DD033888
Faye L. Scott
(print, Type, 01' Stamp Commissioned
Name of Notary Public)
PUDZ-A-lUU4-AR-6279
PROJECT # 19990120
DATE: 8/4/2004 .
ROBIN MEYER
A1111111!a1'1ml Por hbll~ UK"" ,. PtJl) R__ 11'291O~
--:--- a ___. ..._
----
M~?~~ 1~:4R
/394039009
96%
P.02
Agenda Item No. 17E
July 26,2005
Page43 of 1q4
AFFIDA. VIT
We~ J ~ So..I'\.€.- being first duly sworn, depose and say that we/I 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
informatiolt. all sketches, data, and other supplementary malter attached to and made a pan of this
application, are honest and true to the best of our knowledge and belief Well understand that the
0" ~fnformati(in reqiiestedoiithis application must be complete and accurate and that tlie content--ofthii
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. Grady Minor & Associates'
Hoover Planning & Dev., Inc.
o r II further authorize Goodlette, Coleman & Johnson, P. "to act as
entativ in any matters regarding this Petition. (Bucks Run PUD Amendment)
Devel pers, 'LLC
lim ed liability company
Signature of Property Owner
I :- f'/\ :r- C ro-.<<' e-
Typed or Printed Name of Owner
Typed or Printed Name of Owner
Theforegoing instrument was acknowledged before me this ~ day of ().h:hDfllM.. .2ooL.
by ~ l?1 ' \ va M who is personaJJy known to me or has produced
d~~ l c~ as identification.
. ......',.. :.~~f~ ~c. .'~.
:~\:~-::.~~;,,~:.,:: ,:' .~./~
~ )..... .. ." 1'- ...,
. ~\. ...."". .",...~ /'" I!''t:<~..' ...;~
Sii:iurb.fF':oirido~:~ j.._~
County ~f Collier ';
(Sigllature o/Nota Public - State of
...F18,id.zj' Cd~
'{":';iC;:~;~: ,/:;:;~::,~',:;~:, .,:::~~~..
~)e AJet.{ ~C(Jmmf59(J)1~/rc)
(Print. Type. or tamp Commissioned
Name of Notary Public)
5'/17 los-
. ,,"'-"'''
ADDU".UOft For Publl" HearlnR For PUD Rezoae 8n91t1J
RE.SUBMITfAL
PUDZ-A-l004-AR-6179
PROJECT #19990110
DATE: 1/18/05
ROBIN MEYER
PUDZ-A-2004-AR-6279
. PROJECT # 19990120
DATE: 8/4/2004
ROBIN MEYER
Agenda Item No. 17E
July 26, 2005
Page 44 of 154
1.
),
4.
S.
6.
--
s.Sit.c
SDP ..
9. Petition. Type (Complete a IepII'Ite Adc1reoi4g Cheok141t for each Pd1Uon. Type;)
~ SDP (Sfte opment Phm) PPL (PlIu" Plat Review)
SDP A (SO ~dmePt) PSP (Pre1imiDary Subdivision PlIIt)
SOPI (SO ~ Chmge) FP (Final Plat)
SlP (Site WDlCDt Plan) LLA (Lot LiDe Adjustment)
D SlPA (SIP) BL (BIatiDa Permit)
o SNR (S Name Cbanae) ROW (Right-of-Way l'ermit)
U Veptati otic (Veg. Removal Permits) EXP (Excavatiotl Permit)
)a Land Use . (Variance, CondftioDal Use. 0 VRSFP (VOl. &muvl1 c.t Si. Fill r :annit)
Bo8t Dock , Rezone. PUn l'eZQIle, etc.) elf'S n;'f
o Other-: ';;APu.P 19", "H.I~~4.~ -f~~kS' A"~ !:",~.p
to. Proj~ or deve pmeut names proposed for, or 8h'eady appearing ~ eondominhmJ ~ Of
app1i~lot i!ldI . whether proposed or cxiltlQg)
PJan NUmber (FOR. EXISTING PROJECTSlSlTBS ONLY)
--
---
11. PIeue CMcIe' e:
12. Appliauat N
--
Approved by J)..n..l1~...( ~ Date -, -I ~ - Q$.
ReYlt.ed 3-~ 1-01
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Agenda Item No, 17E
July 26, 2005
Page 47 of 154
.-'
ORDINANCE NO. 05-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY FLORlDA,
AMENDING ORDINANCE NUMBER 04-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE APPROPRlA TE
ZONING ATLAS MAP OR MAPS TO CHANGE THE
ZONING CLASSIFICATION OF THE SUBJECT REAL
PROPERTY FROM THE PLANNED UNIT
DEVELOPMENT (PUD) TO MIXED USE PLANNED
UNIT DEVELOPMENT (MPUD) KNOWN AS BUCKS
RUN RPUD BY REVISING THE PUD DOCUMENT AND
MASTER PLAN TO REPLACE THE 288 AFFORDABLE
HOUSING RENTAL APARTMENTS ON THE "EAST
TRACT" WITH 97 RESIDENTIAL UNITS AND TO
DELETE THE PREVIOUSLY APPROVED PRIVATE
SCHOOL ON THE "WEST TRACT". THE PROPOSED
USE IS FOR UP TO 156 RESIDENTIAL UNITS AND
AL TERNA TIVEL Y ON THE NW AND SW TRACTS A
CHURCH AND CHILD CARE FACILITY MAY REPLACE
THE RESIDENTIAL UNITS, FOR PROPERTY LOCATED
APPROXIMA TEL Y 700 FEET NORTH OF V ANDERBIL T
BEACH ROAD ON THE EASTERN SIDE OF COLLIER
BOULEVARD (C.R.951), IN SECTION 35, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 39.06 ACRES; PROVIDING
FOR THE REPEAL AND REPLACEMENT OF
ORDINANCE NUMBER 01-67 AS AMENDED, THE
FORMER BUCKS RUN PUD; AND PROVIDE AN
EFFECTIVE DATE.
WHEREAS, Dominic P. Tomei, President of Restoration Church, Inc., William L.
Hoover, President of Catalina Land Group, Inc., the manager of Bucks Run Estates, LLC,
Timothy J. Crane, Manager of Bucks Run Developers. LLC., represented by William L. Hoover,
AICP, of Hoover Planning & Development, Inc., petitioned the Board of County Commissioners
to change the zoning classification of the subject real property, as part of Petition PUDZ-2004-
AR-6279;
NOW, THEREFORE, BE IT ORDAINED BY The Board of County Commissioners of
Collier County, Florida that;
SECTION ONE:
The Zoning Classification ofthe subject real property located in Section 35, Township 48
South, Range 26 East, Collier County, Florida, is changed from the Planned Unit Development
(PUD) to Mixed Use Planned Unit Development (MPUD) known as Bucks Run RPUD by
revising the PUD document and Master Plan to replace the 288 affordable housing rental
Agenda Item No. 17E
July 26, 2005
Page 48 of 154
apartments on the "East Tract" with 97 residential units and to delete the previously approved 60
residential units or private school on the "West Tract", The proposed use is for up
to 156 residential units and alternatively on the NW and SW Tracts a church and child care
facility may replace the 32 residential units on the southwest tract in accordance with the PUD
Document, attached hereto as Exhibit "A," which is incorporated herein and by reference made
part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-
41, the Collier County Land Development Code, are hereby amended accordingly.
SECTION TWO:
Ordinance Number 01--67, as amended, known as the Bucks Run PUD, adopted on
November 27, 2001, by the Board of County Commissioners of Collier County, is hereby
repealed and replaced in its entirety.
SECTION THREE:
This Ordinance shalt become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by super--majority vote of the Board of County
Commissioners of Collier County, Florida, this _ day of
,2005.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORlDA
Deputy Clerk
BY:
FRED W.COYLE, CHAIRMAN
Approved as to form and
legal sufficiency
Patrick G. White
Assistant County Attorney
PUDZ-A-2004.AR -62 79/MD/sp
2
BUCKS RUN M PUD
Agenda Item No. 17E
July 26, 2005
Page 49 of 154
AM IXED USE PLANNED UNITDEM3.OPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE BUCKS RUN MPUD,
A MIXED USE PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
PASTOR DOMINIC P. TOMEI
RESTORATION CHURCH, INC.
1459 PINE RIDGE ROAD
NAPLES, FLORIDA 34109
TIMOTHY J. CRANE, MANAGER
BUCKS RUN DEVELOPERS, LLC
P.O. BOX 5265
FRISCO, COLORADO 80443
WILLIAM L. HOOVER, PRESIDENT OF
CATALINA LAND GROUP, INC (THE MANAGER OF)
BUCKS RUN ESTATES, LLC
3785 AIRPORT ROAD N., SUITE B-1
NAPLES, FLORIDA 34105
PREPARED BY:
WILLIAM L. HOOVER, AICP
HOOVER PLANNING & DEV., INC.
3785 AIRPORT ROAD N., SUITE B-1
NAPLES, FLORIDA 34105
RICHARD D. YOVANOVICH
GOODLETTE, COLEMAN & JOHNSON, P.A.
4001 TAMIAMI TRAIL N., SUITE 300
NAPLES, FLORIDA 34103
NORMAN J. TREBILCOCK, PElAICP
Q. GRADY MINOR & ASSOCIATES, P.A.
3800 VIA DEL REV
BONITA SPRINGS, FLORIDA 34134
DATE FILED July 21. 2004
DATE REVISED June 17.2005
DATE REVIEWED BY CCPC June 16. 2005
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL 2001-67
Agenda Item No. 17E
July 26, 2005
Page 50 of 154
TABLE OF CONTENTS
TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS AND TABLES
ii
STATEMENT OF COMPLIANCE
1
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION
3
SECTION II PROJECT DEVELOPMENT REQUIREMENTS
6
SECTION III MIXED USE AREAS PLAN
10
SECTION IV PRESERVE AREAS PLAN
15
SECTION V DEVELOPMENT COMMITMENTS
16
EXHIBIT "N'
EXHIBIT "B"
EXHIBIT "c"
TABLE I
Agenda Item No. 17E
July 26,2005
Page 51 of 154
LIST OF EXHIBITS AND TABLES
MPUD MASTER PLAN
MPUD WATER MANAGEMENT PLAN
LOCATION MAP
DEVELOPMENT STANDARDS
ii
Agenda Item No. 17E
July 26, 2005
Page 52 of 154
STATEMENT OF COMPLIANCE
The development of approximately 39.06:t acres of property in Collier County, as a
Mixed Use Planned Unit Development to be known as Bucks Run MPUD will be in
compliance with the planning goals and objectives of Collier County as set forth in the
Collier County Growth Management Plan. The Bucks Run MPUD proposes a maximum
of 156 dwelling units with the landowner of the Southwest Tract having the option of
developing a church and/or child care facilities in lieu of residential dwelling units on the
Southwest Tract. The residential and institutional facilities of the Bucks Run MPUD will
be consistent with the growth policies, land development regulations, and applicable
comprehensive planning objectives for the following reasons:
1. The subject property's location in relation to existing or proposed community
facilities and services permits the development's residential density as described
in Objective 2 of the Future Land Use Element.
2. The project development is compatible and complimentary to surrounding land
uses as required in Policy 5.4 of the Future Land Use Element.
3. Improvements are planned to be in compliance with applicable sections of the
Collier County Land Development Code as set forth in Objective 3 of the Future
Land Use Element.
4. The project development will result in an efficient and economical allocation of
community facilities and services as required in Policies 3.1.G of the Future Land
Use Element.
5. The project development is planned to protect the functioning of natural drainage
features and natural groundwater aquifer recharge areas as described in
Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
6. The project is located within the Urban Residential Mixed Use District on the
Future Land Use Map.
The projected density of 3.99 dwelling units per acre, if all three tracts are
residentially developed, is in compliance with the Future Land Use Element of
the Growth Management Plan based on the following relationships to required
criteria:
Base Density
Maximum Permitted Density
4 dwellino units/acre
4 dwelling units/acre
Requested density = 3.99 dwelling units/acre
Agenda Item No. 17E
July 26, 2005
Page 53 of 154
Maximum permitted units = 39.06 acres x 4 dwelling units/acre = 156
units.
(For every acre of residential area that is developed for non-residential
uses, 4 dwelling units shall be subtracted from the maximum of 156
dwelling units within this PUD.)
7. The Southwest Tract only also allows for the development of a church and child
care center. The Urban designation allows for a variety of community facilities,
such as churches, schools, and child care centers.
8. All final local development orders for this project are subject to Section 6.02.00,
Adequate Public Facilities, of the Collier County Land Development Code.
2
Agenda Item No. 17E
July 26, 2005
Page 54 of 154
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 describe the existing conditions of the property proposed to be
developed under the project name of Bucks Run MPUD.
1.2 LEGAL DESCRIPTION
The subject property being 39.06::1: acres, is located in Section 35, Township 48
South, Range 26 East, and is fully described as:
The North half of the Southwest quarter of the Southwest quarter of
Section 35, Township 48 South, Range 26 East, Collier County, Florida,
less and except the West 100 feet thereof, previously conveyed for a road
and canal right-of-way.
The North half of the Southeast quarter of the Southwest quarter of
Section 35, Township 48 South, Range 26 East, Collier County, Florida.
1.3 PROPERTY OWNERSHIP
The subject property is owned as follows:
The northwest 8.0 acres, labeled "Northwest Tract" on Exhibit A", of the subject
property is owned by Bucks Run Developers, LLC, clo Timothy J. Crane, P.O.
Box 5265, Frisco, Colorado 80443, and the southwest 7.0 acres, labeled
"Southwest Tract" on Exhibit "An, is owned by Restoration Church, Inc., Pastor
Domonic P. Tomei, 1459 Pine Ridge Road, Naples, Florida 34109. The 24.06
acres labeled "East Tract" on Exhibit "A" is owned by the Bucks Run Estates,
LLC, clo William L. Hoover, 3785 Airport Road North, Suite B-1, Naples, Florida
34105.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located on the east side of Collier Boulevard,
approximately 700 feet north of Vanderbilt Beach Road (unincorporated
Collier County), Florida.
B. The entire project site is zoned PUD, Bucks Run, approved by Collier
County Ordinance No. 01-67.
3
Agenda Item No. 17E
July 26, 2005
Page 55 of 154
1.5 PHYSICAL DESCRIPTION
The project site is primarily located within the 951 Canal North Drainage Basin
according to the Collier County Drainage Atlas; the eastern portion of the site is
located within the Cypress Canal Drainage Basin. The proposed outfall for the
project is the CR-951 roadside ditch located at the west property line of the
project.
Natural ground elevation varies from 12.0 NGVD within the onsite wetland areas
to 13.0 NGVD at the CR-951 right-of-way line constituting the west property line;
average site elevation is 12.4 NGVD. The entire site is located within FEMA
Flood Zone "X" with no base flood elevation specified.
The water management system of the project proposes the construction of a
perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood
stage. Water quality pretreatment is proposed in the on-site lake system prior to
discharge.
The water management system will be permitted by South Florida Water
Management District (SFWMD) through the Environmental Resource Permit
process. All rules and regulations of SFWMD will be imposed upon this project
including but not limited to: storm attenuation, minimum roadway centerline,
perimeter berm and finished floor elevations, water quality pre-treatment, and
wetland hydrology maintenance.
Per Collier County Soil Legend dated January 1990, the soil type found within the
limits of the property is predominately #2 - Holopaw Fine Sand, Limestone
Substratum with a small area of #1 0 - Oldsmar Fine Sand at the extreme eastern
portion of the site.
The site vegetation consists primarily of slash pine, cabbage palm, and Cypress
trees with upland areas of Slash Pine and Saw Palmetto. Due to artificial
lowering of the water table by the CR-951 canal, grape vine and poison ivy
groundcover have infested the site. The site is also partially and occasionally
infested with up to 10% coverage/occasional occurrence by Brazilian Peppers
and Melaleuca trees, both exotic species.
1.6 PROJECT DESCRIPTION
The Bucks Run MPUD is a project comprised of a maximum of 156 residential
units. Within only the "Southwest Tract" residential units may be replaced by a
church and/or child care facilities. Any acre utilized for a church and/or child care
facilities shall have 4 dwelling units per acre subtracted from the maximum of 156
4
Agenda Item No. 17E
July 26, 2005
Page 56 of 154
dwelling units permitted except a maximum of 2 units may be constructed as
accessory to the church uses. These 2 accessory residential units shall not be
counted towards the overall density but shall only consist of parsonages or
caretaker's residences and shall only be located on the same tract as the
church's facilities.
The residential and other principal land uses, recreational uses, and signage are
designed to be harmonious with one another in a natural setting by using
common architecture, quality screening/buffering, and native vegetation,
whenever feasible.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Bucks Run Mixed Use Planned
Unit Development Ordinance".
5
Agenda Item No. 17E
July 26, 2005
Page 57 of 154
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project
plan of development. relationships to applicable County ordinances, the
respective land uses of the tracts included in the project, as well as other project
relationships.
2.2 GENERAL
A. Regulations for development of the Bucks Run MPUD shall be in
accordance with the contents of this document, PUD - Planned Unit
Development District and other applicable sections and parts of the Collier
County Land Development Code and Growth Management Plan in effect
at the time of building permit application. Where these regulations fail to
provide developmental standards, then the provisions of the most similar
district in the Land Development Code shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in the Collier County Land Development Code in
effect at the time of building permit application.
C. All conditions imposed and graphic material presented depicting
restrictions for the development of the Bucks Run MPUD shall become
part of the regulations which govern the manner in which the PUD site
may be developed.
D. Unless modified, waived or excepted by this PUD the other provisions of
the Land Development Code, where applicable, remain in full force and
effect with respect to the development of the land which comprises this
PUD.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Section 6.02.00 Adequate
Public Facilities Requirements of the Collier County Land Development
Code at the earliest, or next, to occur of either Final Site Development
Plan approval, Final Plat approval, or building permit issuance applicable
to th is development.
6
Agenda Item No. 17E
July 26, 2005
Page 58 of 154
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan, including layout of streets and use of land for the
various tracts, is illustrated graphically by Exhibit "A," MPUD Master Plan.
There shall be 3 land use tracts, plus necessary water management lakes,
street rights-of-way, the general configuration of which is also illustrated
by Exhibit "A".
TRACT
Northwest
TYPE
Single-family
Two-family
Multi-family
Southwest
Single-family
Two-family
Multi-family
or
Church
Child care
East
Single-family
Two-family
Multi-family
MAXIMUM UNITS or SQ. FT.
Maximum of 56 total units
ACREAGE
8.0
Maximum of 28 total units
7.0
or
Estimated at 25,000 sq. ft.
Maximum of 120 students
Maximum of 72 total units
24.06
B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or,
upon approval, parts thereof may be constructed as shallow, intermittent
wet and dry depressions for water retention purposes. Such areas, lakes
and intermittent wet and dry areas shall be in the same general
configurations and contain the same general acreage as shown by Exhibit
"A". Minor modification to all tracts, lakes or other boundaries may be
permitted at the time of Subdivision Plat or Site Development Plan
approval, subject to the provisions of Sections 10.02.04 and 10.02.03
respectively, of the Collier County Land Development Code or as
otherwise permitted within this PUD Document.
C. In addition to the various areas and specific items shown in Exhibit "A,"
such easements as necessary (utility, private, semi-public, etc.) shall be
established within or along the various Tracts as may be necessary.
2.4 DESCRIPTION OF PROJECT DENSITY
The Bucks Run MPUD is a project comprised of a maximum of 156 residential
units on its 39.06 acres. Within only the "Southwest Tract" residential units may
be replaced with a church and/or child care facilities. Any acre utilized for a
church and/or child care facilities shall have 4 dwelling units per acre subtracted
7
Agenda Item No. 17E
July 26, 2005
Page 59 of 154
from the maximum of 156 dwelling units permitted except a maximum of 2 units
may be constructed as accessory to the church uses. These 2 accessory
residential units shall not be counted towards the overall density but shall only
consist of parsonages or caretaker's residences and shall only be located on the
same tract as the church's facilities.
2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or
part of the MPUD, final plans of all required improvements shall receive
approval of the appropriate Collier County governmental agency to insure
compliance with the MPUD Master Plan, Collier County subdivision rules,
and the platting laws of the State of Florida.
B. Exhibit "AJ." MPUD Master Plan, constitutes the required MPUD
Development Plan. Subsequent to or concurrent with MPUD approval, a
Subdivision Plat, if applicable, shall be submitted for the entire area
covered by the PUD Master Plan. Any division of the property and the
development of the land shall be in compliance with the MPUD Master
Plan, Section 4.03.00 Subdivision Design and Layout of the Land
Development Code, and the platting laws of the State of Florida, where
applicable.
C. The provisions of Section 10.02.03, Site Development Plans of the Land
Development Code, when applicable, shall apply to the development of all
platted tracts, or parcels of land as provided in said Section 10.02.03 prior
to the issuance of a building permit or other development order.
D. The development of any tract or parcel approved for residential
development contemplating fee simple ownership of land for each dwelling
unit shall be required to submit and receive approval of a Subdivision Plat
per Section 10.02.04.
E. Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications to Collier County and the
methodology for providing perpetual maintenance of common facilities.
2.6 MODEL UNITS AND SALES FACILITIES
Model homes/model home centers including a maximum of 2 single-family sales
centers and 1 multi-family sales center shall be permitted in conjunction with the
promotion of the development subject to the following:
8
Agenda Item No. 17E
July 26, 2005
Page 60 of 154
A. Up to two "wet" and up to two "dry" single-family models may be
constructed following administrative plat approval, prior to recording of a
plat. Location shall be limited to future platted single-family lots.
B. The single-family models permitted as "dry" models must obtain a
conditional certificate of occupancy for model purposes only. The "wet"
single-family models shall not be occupied until a permanent certificate of
occupancy is issued.
C. The "wet" single-family models may be served by a temporary utility
system with ultimate connection to the central system. Interior fire
protection facilities in accordance with NFPA requirements are required
unless a permanent water system is available. A water management plan
must be provided which accommodates the runoff from the model home,
parking, access road/driveway and other impervious surfaces. The system
shall be designed and constructed so that it is integrated with the master
system for the entire development.
D. All other regulations pertaining to model homes shall be consistent with
Section 5.04.04 of the Land Development Code.
2.7 AMENDMENTS TO MPUD DOCUMENT OR MPUD MASTER PLAN
Amendments may be made to the MPUD as provided in Section 10.02.13E. of
the Land Development Code.
2.8 PROPERTY OWNERS ASSOCIATION FOR COMMON AREA MAINTENANCE
Whenever the developer elects to create land area and/or recreation amenities
whose ownership and maintenance responsibility is a common interest to all of
the subsequent purchasers of property within said development in which the
common interest is located, that developer entity shall provide appropriate legal
instruments for the establishment of a property owners association whose
function shall include provisions for the perpetual care and maintenance of all
common facilities and open space. These developer commitments will be
enforced through provisions agreed to and included in the declaration of
covenants and restrictions or similar recorded instrument. Such provisions must
be enforceable by lot owners against the developer, its successors and assigns,
regardless of turnover or not to any property owners or homeowners' association.
9
Agenda Item No. 17E
July 26, 2005
Page 61 of 154
SECTION III
MIXED USE AREAS PLAN
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
Residential Areas as shown on Exhibit "A," MPUD Master Plan.
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units within the Residential Areas of
the PUD shall be 156 units. A maximum of 56 units shall be built on the
Northwest Tract, a maximum of 72 units shall be built on the East Tract, and a
maximum of 28 units on the Southwest Tract.
3.3 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Princioal Uses and Structures:
1. Single-family dwellings (includes zero-lot line)..
2. Two-family dwellings and duplexes.
3. Multi-family dwellings.
4. Churches and houses of worship ("Southwest Tract" only).
5. Child care centers ("Southwest Tract" only).
6. Any other use which is comparable in nature with the foregoing list
of permitted principal and accessory uses by the Board of Zoning
Appeals.
B. Permitted Accessory Uses and Structures:
1. Customary accessory uses and structures including carports,
garages, screened enclosures, and utility buildings.
2. Recreational uses and facilities including swimming pools, tennis
courts, volleyball courts, children's playground areas, tot lots, boat
10
Agenda Item No. 17E
July 26, 2005
Page 62 of 154
docks, walking paths, picnic areas, recreation buildings, verandahs,
and basketball/shuffle board courts.
3. Manager's residences and offices, temporary sales trailers, and
model units.
4. In conjunction with a church only, a bookstore, recording studio,
printing shop, counseling center, church bus/van parking,
parsonage and caretaker's residence (all such uses shall be related
to and incidental to the church).
5. Gatehouse.
6. Essential services, including interim and permanent utility and
maintenance facilities.
7. Water management facilities.
8. Recreational facilities, such as boardwalks, walking paths and
picnic areas, within any Natural Habitat Preserve Areas, after the
appropriate environmental review.
9. Supplemental landscape planting within Natural Habitat Preserve
Areas, after the appropriate environmental review.
10. Any other use which is comparable in nature with the foregoing list
of permitted principal and accessory uses by the Board of Zoning
Appeals.
11. Carports are permitted within parking areas.
3.4 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the
Bucks Run MPUD. Front yard setbacks in Table I shall be measured as
follows:
1. If the parcel is served by a public or private right-of-way, the
setback is measured from the adjacent right-of-way line.
2. If the parcel is served by a non-platted private drive, the setback is
measured from the back of curb or edge of pavement. If the parcel
is served by a platted private drive, the setback is measured from
the road easement or property line.
11
Agenda Item No. 17E
July 26, 2005
Page 63 of 154
3. Carports are permitted within parking areas and at the edge of
vehicular pavements in multi-family projects.
12
Front Yard Setback (3) (7)
Side Yard Setback (3) (5)
1 Story
2 Story
3 Story
Rear Yard Setback (3) (5)
Principal Structure
Accessory Structure
PUD Boundary Setback (3)
Principal Structure
Accessory Structure
Lake Setback (6)
Preserve Area Setback
Principal Structure
Accessory Structure
Distance Between Structures
Principal! Accessory
1-Story 12'
2-Story 15'
3-Story NA
Maximum HeiQht
Principal Building 35' and 2 stories
STANDARDS
Minimum Lot Area (per unit)
Minimum Lot Width
TABLE I
MIXED USE DEVELOPMENT STANDARDS
SINGLE-FAMILY TWO-FAMILY
5,000 Sq. Ft. 4,500 Sq. Ft.
50' Interior Lots' (1) 80' Interior Lots (1)
(40') (2)
60' Comer Lots 100' Comer Lots
(50') (2)
23' (4) (5) 23' (4) (5)
0' & 12' or both 6' 0' & 12' or both 6'
0' & 15' or both 7.5' 0' & 15' or both 7.5'
NA NA
20' 20'
10' 10'
NA NA
NA NA
20' 20'
25' 25'
10' 10'
12'
15'
NA
35' and 2 stories
Accessory Building 20'/Clubhouse 35'
20'/Clubhouse 35'
Minimum Floor Area for Residential 1600 Sq. Ft.
Units
1400 Sq. Ft.
Agenda Item No. 17E
July 26, 2005
Page 64 of 154
MULTI-FAMILY. CHURCHES,
CHILD CARES
NA
NA
NA
15' (5)
Greater of 7.5' or 1/2 BH
Greater of 10' or 1/2 BH
Greater of 12.5' or 1/2 BH
20'
10'
Greater of 20' or BH
10'
20'
25'
10'
Greater of 15' or 1/2 SBH
Greater of 20' or 1/2 SBH
Greater of 25' or 1/2 SBH
35' and 2 stories on the East Tract,
40' and 3 stories on the NW and SW
Tracts except 48' and 3 stories for
churches on the SW Tract
20' /Clubhouse, Caretaker Residence,
and Parsonage 35'
1200 Sq. Ft.
(1) May be reduced on cul-de-sac lots and lots along the inside and outside of curved streets by 25%.
(2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2-family structure is on an
individually platted lot
(3) In no instance shall there be an encroachment into a required landscape buffer.
(4) The front yard setback for side-loaded garages may be reduced to 18', with the home remaining at 23', where 2
vehicles can be adequately parked on double-wide driveways without the vehicles overhanging onto the sidewalks
located at the edge of the right-of-way.
(5) Community tennis courts, basketball courts, and similar recreational facilities shall have a 15-foot minimum
setback from all property boundaries of the recreational tractllot.
(6) Lake setbacks are measured from the control elevation established for the lake.
(7) The multi-family minimum front-yard setback shall be increased to 23' where both perpendicular parking and a
five-foot wide sidewalk are located within such front yard setback.
Note: ~BH. refers to building height and .SBW refers to sum of the building heights.
13
Agenda Item No. 17E
July 26, 2005
Page 65 of 154
B. Off-Street Parkina and Loadina Reauirements:
Subject to the requirements of Section 4.05.00 of the Collier County Land
Development Code in effect at the time of building permit application.
C. Landscaoina and Bufferina Reauirements:
1. If landscape buffers are detennined to be necessary adjacent to
wetland preserve areas, they shall be separate from those preserve
areas.
2. A fifteen (15) foot wide Type "B" Buffer shall be provided along the
eastern boundary of the "East Tract" with a six (6) foot high
concrete fence that looks like a brown or tan wood.
D. Sians
Signs shall be pennitted as described in Section 5.06.00 of the Collier
County Land Development Code.
E. Architectural Standards
1. All buildings, lighting, signage, landscaping and visible architectural
infrastructure shall be architecturally and aesthetically unified within
each project. Said unified architectural theme shall include: a
similar architectural design and use of similar materials and colors
throughout all of the buildings, signs, and fences/walls to be
erected within each project. Within any residential project all roofs,
except for carports, shall be peaked and finished in tile, metal, or
architecturally-designed shingles (such as Timberline) except on
the "East Tract" where residential roofs are limited to tile.
2. All pole lighting, within the Residential Areas, shall be
architecturally designed to meet current Land Development Code
requirements.
14
Agenda Item No. 17E
July 26, 2005
Page 66 of 154
SECTION IV
PRESERVE AREAS PLAN
4.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
Preserve Areas as shown on Exhibit "A," MPUD Master Plan, as may be
amended pursuant to Section 5.3.00.
4.2 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following, subject to regional, state and
federal permits when required:
A. Permitted Princioal Uses and Structures:
1. Passive recreational areas.
2. Biking, hiking, and nature trails, and boardwalks as long as any
clearing required to facilitate these uses does not impact the
minimum required vegetation.
3. Water management structures.
4. Native preserves and wildlife sanctuaries.
15
Agenda Item No. 17E
July 26, 2005
Page 67 of 154
SECTION V
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the commitments for the development
of this project.
5.2 GENERAL
All facilities shall be constructed in strict accordance with Final Site Development
Plans, Final Subdivision Plans and all applicable State and local laws, codes,
and regulations applicable to this MPUD, in effect at the time of Final Plat, Final
Site Development Plan approval or building permit application as the case may
be. Except where specifically noted or stated otherwise, the standards and
specifications of the official County Land Development Code shall apply to this
project even if the land within the MPUD is not to be platted. The developer, his
successor and assigns, shall be responsible for the commitments outlined in this
document. Which commitments will be enforced through provisions agreed to be
included in the declaration of covenants and restrictions, or similar recorded
instrument. Such provisions must be enforceable by lot owners against the
developer its successors, and assigns, until the turnover of the property to any
property or homeowners' association.
The developer, his successor or assignee, shall agree to follow the MPUD
Master Plan and the regulations of this MPUD as adopted and any other
conditions or modifications as may be agreed to in the rezoning of the property.
In addition, any successor in title or assignee is subject to the commitments
within this Agreement.
5.3 PUD MASTER PLAN
A. Exhibit "A," MPUD Master Plan illustrates the proposed development and
is conceptual in nature. Proposed area, lot or land use boundaries or
special land use boundaries shall not be construed to be final and may be
varied at any subsequent approval phase such as Final Platting or Site
Development Plan approval. Subject to the provisions of Section
10.02.13E. and other applicable sections and parts of the Collier County
Land Development Code and the Growth Management Plan in effect at
that time, amendments may be made from time to time.
16
Agenda Item No. 17E
July 26, 2005
Page 68 of 154
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.
5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT
A Site Development Plan shall be submitted per County regulations in effeCt at
time of site plan submittal. The project is projected to be completed in several
phases with construction commencing in mid-2005.
A. The landowners shall proceed and be govemed according to the Sunset
Provisions pursuant to Section 10.03.05N. of the Land Development
Code.
B. Monitoring Report: An annual monitoring report shall be submitted
pursuant to Section 10.02.13F. of the Collier County Land Development
Code.
5.5 ENGINEERING
A. This project shall be required to meet all County Ordinances in effect at
the time final construction documents are submitted for development
approval.
B. Design and construction of all improvements shall be subject to
compliance with appropriate provisions of the Collier County Land
Development Code, Section 4.03.00 Subdivision Design and Layout and
Section 10.02.03, Site Development Plans.
5.6 WATER MANAGEMENT
A. A copy of the South Florida Water Management District (SFWMD) Surface
Water Permit Application shall be sent to Collier County Development
Services prior to the Site Development Plan approval.
B. A copy of the SFWMD Surface Water Permit, SFWMD Right-of-Way
Permit, and SFWMD Discharge Permit shall be submitted prior to Final
Site Development Plan Approval.
C. An Excavation Permit will be required for the proposed lake(s) in
accordance with Collier County Code of Laws and Ordinances and
SFWMD rules.
17
Agenda Item No. 17E
July 26, 2005
Page 69 of 154
D. Lake setbacks from the perimeter of the MPUD may be reduced to twenty-
five (25) feet where a six (6) foot high fence or suitable substantial barrier
is erected.
E. The proposed perimeter berm and/or swale should not be continuous
through the wetland Preserve Areas.
F. The project should provide for a north-south flow-way through the
Preserve Area.
5.7 UTILITIES
A. Water distribution, sewage collection and transmission and interim water
and/or sewage treatment facilities to serve the project are to be designed,
constructed, conveyed, owned and maintained in accordance with Collier
County Ordinance No. 04-31, as amended, and other applicable County
rules and regulations.
B. The applicant shall reserve an area to be conveyed for a potable well
easement at the time of plat or Site Development Plan approval, as
applicable. The well easement will not exceed a dimension of 40 feet by
40 feet. Collier County Utilities Division will provide applicable technical
support in agency permitting relative to lake siting or other relevant issues
that may arise. The proposed well easement will not interfere with the
location of project lakes, preserves, given the significant depth of the
proposed well.
5.8 TRAFFIC
A. The applicant shall be responsible for the installation of arterial level street
lighting at any project entrance onto C.R. 951 (Collier Boulevard), prior to
the issuance of any Certificates of Occupancy.
B. Drainage shall not be permitted to discharge directly into any roadway
drainage system but may discharge into the 951 Canal with necessary
permits.
C. If the developer constructs a Con Span bridge across the canal in order to
gain direct access onto C.R. 951 then turn lanes, both northbound and
southbound, shall be constructed by the developer prior to any
development or construction traffic utilizing this bridge onto C.R. 951.
However, if the 4-laning or 6-laning of C.R. 951 has commenced prior to
any construction traffic utilizing this bridge, the turn lanes may be delayed
during construction of the subject project but shall be in place prior to any
18
Agenda Item No. 17E
July 26, 2005
Page 70 of 154
Certificates of Occupancy being issued for any permanent buildings.
Such turn lanes shall be designed to provide capacity for the ultimate
project traffic.
D. Road Impact Fees shall be paid in accordance with Ordinance 01-13, as
amended, and Section 6.02.03 of the Land Development Code, as it may
be amended. .
E. All traffic control devices, signs, pavement markings and design criteria
shall be in accordance with Florida Department of Transportation (FDOT)
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 Land
Development Code (LDC).
F. Access points, including both driveways and proposed streets, shown on
the MPUD Master Plan are considered to be conceptual. Nothing depicted
on any such Master Plan shall vest any right of access at any specific
point along any property frontage. All such access issues shall be
approved or denied during the review of required subsequent site plan or
final plat submissions. All such access shall be consistent with the Collier
County Access Management Policy (Res. 01-247). as it may be amended
from time to time, and with the Collier County Long-Range Transportation
Plan.
G. Site-related improvements (as opposed to system-related improvements)
necessary for safe ingress and egress to this project, as determined 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 Certificate of Occupancy.
H. All work within Collier County rights-of-way or public easements shall
require a Right-of-Way Permit.
I. 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 MPUD 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.
19
Agenda Item No. 17E
July 26, 2005
Page 71 of 154
J. Nothing in any development order shall vest a right of access in excess of
a right-in/right-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.
K. All internal roads, driveways, alleys, pathways, sidewalks' and
interconnections to adjacent developments shall be operated and
maintained by an entity created by the developer and Collier County shall
have no responsibility for maintenance of any such facilities.
L. 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 Certificate of Occupancy.
M. No child care facility shall receive a Certificate of Occupancy until the 6-
laning of Collier Boulevard has been substantially completed between
Immokalee Road and Golden Gate Boulevard.
5.9 PLANNING
A. Pursuant to Section 2.03.07E. of the Land Development Code, 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.
5.10 ENVIRONMENTAL
A. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules and be subject to review and
approval by the Environmental Review Staff. Removal of exotic
vegetation shall not be counted towards mitigation for impacts to Collier
County jurisdictional wetlands.
B. All conservationLPreservation areas shall be designated as preserves on
all construction plans and, if the project is platted, shall be recorded on the
plat with protective covenants per or similar to Section 704.06 of the
Florida Statutes. Preserve areas shall be dedicated on the plat to the
project's homeowners association or like entity for ownership and
maintenance responsibilities and to Collier county with no responsibility for
20
Agenda Item No. 17E
July 26, 2005
Page 72 of 154
maintenance. Buffers and setbacks shall be provided in accordance with
Section 3.05.07 of the Collier County Land Development Code.
In the event the project does not require platting, all conservation areas
shall be recorded as conservation easements dedicated to project's
homeowners association or like entity for ownership and maintenance
responsibility and to Collier County with no responsibility for maintenance.
C. Buffers shall be provided around any wetlands, extending at least fifteen
(15) feet landward from the edge of wetland preserves in all places and
averaging twenty-five (25) feet from the landward edge of wetlands.
Where natural buffers are not possible, structural buffers shall be provided
in accordance with the State of Florida Environmental Resources Permit
Rules and be subject to review and approval by the Environmental Staff.
D. 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.
E. The perimeter berm as located on the MPUD Master Plan, shall be
entirely outside of all upland and wetland preserve areas.
F. A minimum of 9.77 acres of native vegetation shall be preserved on-site,
including all 3 strata, and emphasizing the largest contiguous area
possible. The MPUD Master Plan identifies 9.72 acres. The remaining
acreage (a minimum additional 0.05 acres located on the Northwest or
Southwest Tract) shall be identified on the site plan, at the time of the next
development order submittal.
G. This MPUD shall be consistent with the Environmental Section of the
Growth Management Plan Conservation and Coastal Management
Element and the land Development Code at the time of final development
order approval.
H. This MPUD shall comply with the guidelines of the USFWS and FFWCC
for impacts to protected species. A Habitat Management Plan for those
species shall be submitted to Environmental Review Staff for review and
approval prior to Site Development Plan approval.
I. All principal structures shall have a minimum setback of 25' from the
boundary of any preserve. Accessory structures and all other site
alterations shall have a minimum 10-foot setback.
21
Agenda Item No. HE
July 26, 2005
Page 73 of 154
J. All Category I invasive exotic plants, as defined by the Florida Exotic Pest
Plant Council, shall be removed from within preserve areas ands
subsequent annual removal of these plants (in perpetuity) shall be the
responsibility of the property owner.
K. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be
submitted prior to final Site Development Plan/Construction Plan approval.
5.11 FIRE REVIEW
A. No infrastructure shall be installed until proper permits are applied for and
obtained.
22
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HOOVER PLANNING & DEVELOPMENT, INC.
Rezonings, PUDs, Conditio~al Uses, Variances, Plan Amendments,
Traffic, Parking, & Land Use Studies, Site Planning & Subdivisions
Agenda Item No. 17E
005
154
July 12,2004
RE: Updated Traffic Impact Study for the 39.06-Acre Bucks Run PUD
Amendment, Located NE of the Intersection Between Collier Blvd. and
Vanderbilt Beach" Road-
EXECUTIVE SUMMARY
This 39.06-acre site is located on the east side of Collier Boulevard and about 700 feet
north of Vanderbilt Beach Road. Currently the site is zoned as the Bucks Run PUD and
is approved for 288 Affordable Housing rental apartments at 12 units/per acre on the
"East Tract" (easterly 24.06 acres) and 60 residential units at units/per acre on the
westerly 15.0 acres. Alternatively, the westerly 15.0 acres are approved and can be
developed for a church, a 360-student private school, and a 120-student child care facility.
The owners desire to "down-zone" the land by eliminating the 360-student private school
and replacing the 288 Affordable Housing rental apartments with 96 standard residential
units. The Bucks Run PUD is anticipated to be developed as a 40-unit single-family
subdivision on the "Eastern Tract", a condominium project for 88 units on the
northwesterly 8 acres "Northwest Tract" and an estimated 25,000 square foot church and
120-student child care facility on the southwesterly 7 acres "Southwest Tract".
The existing Bucks Run pun would generate 546 Weekday AM Peak Hour trips, 311
Weekday PM Peak Hour trips, and 2,870 Weekday Daily trips. The proposed Bucks Run
PUD would generate 193 Weekday AM Peak Hour trips, 213 Weekday PM Peak Hour
trips, and 1,830 Weekday Daily trips. The proposed "down-zoning" represents a
reduction of353 (or 65%) in Weekday AM Peak Hour trips, a reduction of98 (or 32%) in
Weekday PM Peak Hour trips, and a reduction of 1,040 (or 36%) in Weekday Daily trips.
The project's intended development schedule shows an estimated 30% of the residential
traffic and 70% of the church traffic impacting the area roadways by late 2005. The child
care center would not open until the 6-1aning of Collier Boulevard adjacent to the site is
complete. Late 2005 was analyzed as that is the anticipated completion date for the 6-
laning of both Collier Boulevard, between Immokalee Road and Golden Gate Boulevard,
and Vanderbilt Beach Road, Livingston Road and Logan Boulevard. (Vanderbilt Beach
Road, between Airport Road and Livingston Road, would have previously been
completed by such date.) By late 2005, the project's traffic would only generate 38
Weekday AM Peak Hour trips, 42 Weekday PM Peak Hour trips, and 4 70 Weekday Daily
trips. All roadway's within the project's Radius of Development Impact (RDI) would be
at either LOS B or C in late 2005, and the project's traffic would not lower the LOS on
any of these roadways. The project is expected to built-out by late 2007, and all area
roadway's within the project's RDI would be at LOS B or C at this time. The project's
traffic will not lower the LOS on any roadway within its RDI in 2007.
3785 Airport Road North, Suite B-1; Naples, Florida 34105-4518 · Phone: 239-403-8899 · Fax: 239-403-9009
Agenda Item No. 17E
July 26, 2005
Page 75 of 154
INTRODUCTION
This 39.06-acre site is located on the eastern side of Collier Boulevard, about 700 feet
north of Vanderbilt Beach Road. A vicinity map is attached as Exhibit 1. The subject
property is currently zoned as the Bucks Run PUD and is currently approved for up to
288 Affordable Housing apartments on the eastern 24.06 acres and for a church, child
care center, and private school on the western 15 acres. Alternatively, the western 15
acres, or portions thereof not used for institutional uses, may be developed for residential
uses at up to 4 units per residential acre. The eastern 24.06 acres are owned by the Bucks
Run Estates~LLC (labeled "East Tract on the pun Master..Plan~').The western 15.00
acres are owned by Restoration Church, Inc. as 2 separate tracts that are comprised of a
northwest tract of 8 acres ("Northwest Tract on the PUD Master Plan") and a southwest
tract of 7 acres ("Southwest Tract on the PUD Master Plan"). The subject property will
gain access to Collier Boulevard through a shared access road that runs along the northern
boundary of the Northwest Tract.
This Bucks Run PUD Amendment intends to substantially "down-zone" the subject
property as follows. The East Tract and the Northwest Tract, comprising 32.06 acres, are
anticipated to be developed for up to 156 residential units and at a density up to 4 units
per acre. The previously approved private school for up to 360 students on the western
15 acres is being dropped as a permitted land use. The approved church, previously
estimated at 25,000 square feet, and a child care center, estimated for up to 120 students,
are planned for development on the Southwest Tract.
The timeline for the anticipated development of Bucks Run PUD is as follows. Initial
construction would consist of some church facilities of possibly about 17,500 square feet
on the Southwest Tract, a condominium project of up to 88 units on the Northwest Tract
and a single-family subdivision for 40 homes on the East Tract. Construction should
commence in the second quarter of 2005 for the church facilities with an opening date in
December 2005. The condominiillIl proj ect is anticipated to also commence construction
in the first half of 2005 with initial units starting to be occupied in late 2005 and being
100% occupied by 2007. The subdivision is expected to commence construction in the
first quarter of 2005 with the first residents moving in by late 2005 and with all of the
residents moved in by 2007. The remainder of the church facilities, estimated at another
7,500 square feet, and the child care facility for up to 120 students could be open as soon
as the end of 2007. The child care facility will not open until the 6-laning of Collier
Boulevard, between Vanderbilt Beach Road and Immokalee Road, has been completed.
For the remainder of this traffic impact study, it was projected that 70% of the church's
traffic, 30% of the residential traffic, and none of the child care traffic would impact area
roadways by late 2005 ("Initial Impacts"). The Initial Impacts were studied in late 2005,
as that is the estimated date that both the 6-1aning of Collier Boulevard, between
Immokalee Road and Golden Gate Boulevard, and Vanderbilt Beach Road, between
Logan Boulevard and Livingston Road, should be completed. It was projected that 100%
of the church's traffic, 100% of the residential traffic, and 100% of the child care's traffic
would impact area roadways by the end of2007 ("Total Impacts").
2
Agenda Item No. 17E
July 26, 2005
Page 76 of 154
TRIP GENERATION
The ITE's 6th Edition of Trip Generation was utilized to estimate the number of trips.
The trip generation figures for the "Approved Land Uses" were taken from previously
approved traffic impact studies on Bucks Run PUD. Category "Mid-Rise Apartment
(223)" was previously used to represent the 288 Affordable Housing apartments and was
based on the number of apartments. Category "Private School (K - 12) (521)" was
previously used for the private school and was based on the number of students.
Category "Single-Family Detached Homes (210)" was used to represent the proposed 40
. ..nsingle:fWllily homes. Category "Residential C__on9:()_minit!ITI!I()y.'I1h(lllS~J~302"__""as u~~d.
to represent the proposed 88 condominiums. The residential computations were based on
the number of proposed dwelling units in each case. Churches were based on category
"Church (560)" and the square footage of the anticipated buildings. "Day Care Center
(565)" was used for the child care center and was based on the number of students. The
"Fitted Curve Equation" was used, if available, unless skewed.
EXISTING PUD USES
MID-RISE APARTMENT (223) (Based on #Units = 288)
Formula = Number of Trips per Time Period Enter(%)!Exit(%)
T = .409(x) -13.061 = 105Wkdy. AM PK HR of Adj. S1. 33(31%)/72(69%)
T = .483(x) - 11.069 = 128 Wkdy. PM PK HR of Adj. St. .74(58%)/54(42%)
5.79 x (105 + 128) = 1350 Weekday Daily Trips* 675(50%)/675(50%)
*Forrnula was not available so it was based on the same ratio of the Weekday daily trips to the
total of the AM & PM trips for the more general category Apartment (220). This ratio was 5.79.
CHURCH (560) (Based on 25.000 SQ. Ft. )
Formula = Number of Trips per Time Period
Ave. Rate =.72 x 25 = 18 Wkdy. AM PK HR of Adj. S1.
Ave. Rate = .66 x 25 = 16 Wkdy. PM PK HR of Adj. St.
Ave. Rate = 9.11 x 25 = 228 Weekday Daily Trips
Enter(% )/Exit(%)
10(54%)/8(46%)
9(54%)17(46%)
114(50%)/114(50%)
PRIVATE SCHOOL (K - 12) (521) (Based on # Students = 360)
Formula = Number of Trios per Time Period Enter(%)/Exit(%)
Ave. Rate =.92 x 360 = 331 Wkdy. AM PK HR of Adj. St. 199(60%)/132(40%)
Ave. Rate = .20 x 360 = 72 Wkdy. PM PK HR of Adj. 81. 27(38%)/45(62%)
Estimated at 2 x 360 = 720 Weekday Daily Trips 360(50%)/360(50%)
DAY CARE CENTER (565) (Based on #Students = 120)
Formula = Number of Trips per Time Period
T = 0.717(x) + 6.280 = 92 Wkdy. AM PK HR of Adj. S1.
Ln(T) = 0.934 Ln(x) + 0.078 = 95 Wkdy. PM PK HR of Adj. St.
Ln(T)=1.168 Ln(x) + 0.758 = 572 Weekday Daily Trips
Enter(% )/Exit(%)
49(53%)/43(47%)
45(47%)/50(53%)
286(50%)/286(50%)
TOTAL TRIPS WITH EXISTING PUD USES
Formula = Number of Trips per Time Period
105 + 18 + 331 + 92 = 546 Wkdy. AM PK HR of Adj. St.
128 + 16 + 72 + 95 = 311 Wkdy. PM PK HR of Adj. St.
1350 + 228 + 720 + 572 = 2,870 Weekday Daily Trips
3
Enter(% )lExit(%)
291/255
155/156
1435/1435
Agenda Item No. 17E
July 26, 2005
Page 77 of 154
PROPOSED PUD USES
SINGLE-FAMILY DETACHED HOUSING (210) (Based on #Units = 40)
Formula = Number of Trips per Time Period Enter(%)!Exit(%)
T=0.700(x) + 9.477 = 37 Wkdy. AM PK HR of Adj. 81. 9(25%)/28(75%)
Ln(T)=0.901 Ln(x) + 0.527 = 47 Wkdy. PM PK HR of Adj. St. 30(64%)/17(36%)
Ln(T)=.920 Ln(x) + 2.707 = 446 Weekday Daily Trips 223(50%)/223(50%)
T=8.832(x) - 11.604 = 342 Sunday Daily Trips 171(50%)/171(50%)
RESIDENTIALCONDOMINIUMnOWNHOUSE(230) (Based on #Units = 88)
Formula = Number of Trips per Time Period Enter(%)!Exit(%)
Ln(T)=0.790 Ln(x) + 0.298 = 46 Wkdy. AM PK HR of Adj. St. 8(17%)/38(83%)
Ln(T)=0.827 Ln(x) + 0.309 = 55 Wkdy. PM PK HR of Adj. St. 37(67%)/18(33%)
Ln(T)=.850 Ln(x) + 2.564 = 584 Weekday Daily Trips 292(50%)/292(50%)
Ave. Rate = 4.84 x 88 = 426 Sunday Daily Trips 213(50%)/213(50%)
TOTAL RESIDENTIAL TRIPS (For 40 S/F Homes and 88 Condos)
Formula::: Number of Trips per Time Period Enter(%)!Exit(%)
37+ 46=83 Wkdy.AMPKHRofAdj. St. 17/66
47 + 55 = 102 Wkdy. PM PK HR of Adj. S1. 67/35
446 + 584::: 1030 Weekday Daily Trips 515/515
342 + 426::: 768 Sunday Daily Trips 384/384
CHURCH (560) (Based on 25.000 SQ. Ft. )
Formula::: Number of Trips per Time Period
Ave. Rate:::.72 x 25 = 18 Wkdy. AM PK HR of Adj. S1.
Ave. Rate = .66 x 25::: 16 Wkdy. PM PK HR of Adj. St.
Ave. Rate::: 9.11 x 25 = 228 Weekday Daily Trips
Ln(T)=.593 Ln(x) + 4.766 ::: 792 Sunday Daily Trips
Enter(% )!Exit(%)
10(54%)/8(46%)
9(54%)17(46%)
114(50%)/114(50%)
396(50%)/396(50%)
DAY CARE CENTER (565) (Based on #Students ::: 120)
Formula::: Number of Trips per Time Period
T = 0.717(x) + 6.280 = 92 Wkdy. AM PK HR of Adj. S1.
Ln(T) = 0.934 Ln(x) + 0.078 = 95 Wkdy. PM PK HR of Adj. St.
Ln(T)=1.168 Ln(x) + 0.758::: 572 Weekday Daily Trips
Ave. Rate::: 037 x 120 = 44 Sunday Daily Trips
Enter(%)/Exit(%)
49(53%)/43(47%)
45(47%)/50(53%)
286( 50% )/286( 50%)
22(50%)/22(50%)
TOTAL TRIPS FOR PROPOSED PUD USES
Formula = Number of Trips per Time Period
37 + 46 + 18 + 92 = 193 Wkdy. AM PK HR of Adj. St.
47 + 55 + 16 + 95 = 213 Wkdy. PM PK HR of Adj. St.
446 + 584 + 228 + 572 = 1830 Weekday Daily Trips
342 + 426 + 792 + 44 = 1604 Sunday Daily Trips
Enter(% )/Exit(%)
76/117
121/92
915/915
802/802 .
4
Agenda Item No. 17E
July 26, 2005
Page 78 of 154
DIFFERENCE BETWEEN TRIPS FOR EXISTING PUD AND PROPOSED PUD USES
Formula = Number of Trips per Time Periodl % Trip Reduction
546 - 193 = 353 Wkdy. AM PK HR of Adj. St./ (65% reduction)
311 - 213 = 98 Wkdy. PM PK HR of Adj. St./ (32% reduction)
2870 -1830 = 1040 Weekday Daily Trips/ (36% reduction)
Enter(%)/Exit(% )
215/138
34164
520/520
The Proposed PUD Rezoning Uses would have a substantial reduction in trip generation
compared to the Existing PUD Rezoning Uses. However per the request of Collier
~. C9unty. Trap,sportation. Seryi~es, forfu~reIlJ.l;lind~L()f this tr@iQ. ~dY()nlYJh<:) proposed
trips were distributed throughout the project's study area and then analyzed to determine
the impact of the proposed Bucks Run PUD on the County's arterial road network.
ESTIMATED TRIPS FOR PROJECT'S INITIAL IMPACTS IN LATE 2005
RESIDENTIAL TRIPS IN LATE 2005 (30% of Total Residential Trips)
Formula = Number of Trips per Time Period Enter(%)/Exit(%)
83 x 30% = 25 Wkdy. AM PK HR of Adj. St. 5/20
102 x 30% = 31 Wkdy. PM PK HR of Adj. 81. 20/11
1030x30%=310 WeekdayDailyTrips 155/155
768 x 30% = 230 Sunday Daily Trips 115/115
CHURCH TRIPS IN LATE 2005 (70% of Total Church Trips)
Formula = Number of Trips per Time Period Enter(%)/Exit(%)
18 x 70% = 13 Wkdy. AM PK HR of Adj. St. 7/6
16 x 70% = 11 Wkdy. PM PK HR of Adj. St. 6/5
228 x 70% = 160 Weekday Daily Trips 80/80
792 x 70% = 554 Sunday Daily Trips 277/277
TOTAL TRIPS IN LATE 2005 (30% of Resid. + 70% of Church Trips)
Formula = Number of Trips per Time Period Enter(%)/Exit(%)
25 + 13 = 38 Wkdy. AM PK HR of Adj. St. 12/26
31 + 11 = 42 Wkdy. PM PK HR of Adj. S1. 26/16
310 + 160 = 470 Weekday Daily Trips 235/235
230 + 554 = 784 Sunday Daily Trips 3921392
TRIP ASSIGNMENT AND DISTRIBUTION
Trips were assigned and distributed based on methodology in the ITE's Transportation
and Land Development, the ITE's "Traffic Access and Impact Studies for Site
Development", and knowledge of the study area.
The residential trips were assigned based on projected trip-end destinations for the future
residential units. Exhibit 2 shows a map of key trip-end destinations for the project's
residential traffic. These key residential trip-end destinations typically included:
shopping facilities, employment opportunities, professional and medical office parks,
recreation opportunities, and schools. Exhibit 3 shows the trip assignment for these key
residential trip-ends. The project's residential trip distribution was then determined by
having the project's residential traffic utilize the most likely route to and from the trip-
ends (see Exhibit 4). Exhibit 5 shows 30% of the project's residential trips (to compute
5
Agenda Item No. 17E
July 26, 2005
Page 79 of 154
the residential portion of the Initial Impacts in Late 2005) including the project's AM.
Peak Hour traffic, P.M. Peak Hour traffic, and Weekday traffic. Exhibit 6 shows 100%
of the project's residential trips (to compute the residential portion of the Total Impacts in
Late 2007) including the project's AM. Peak Hour traffic, P.M. Peak Hour traffic, and
Weekday traffic.
The project's non-residential (institutional uses) trips were assigned and distributed based
on total dwelling unit counts within the six study districts that comprise the project's
projected marketing area. A map showing the marketing area for the project and the trip
n assignment for each study district is shown. onmExhibiL7. The marketing area was
projected to extend to Immokalee Road to the north, Interstate 75 to the west, Green
Boulevard to the south and to just beyond Desoto Boulevard to the east. The trade area
extends further to the east and southeast due to the scarcity of institutional uses in the
Golden Gate Estates and the limited road network within Golden Gate Estates.
To determine the number of dwelling units within each of the six study districts the
following methodology was utilized. First, the T AZ numbers within the trade area were
put on a column in numerical order (see Appendix) and the increase between the 1995
and the 2000 dwelling unit counts were determined for each T AZ. In about 3 instances
the boundaries of the study districts did not perfectly match the boundaries of a particular
T AZ so we reviewed more specific data from the Property Appraiser's office or from
Feasinomics, Inc. to determine the applicable dwelling units within each study district.
After utilizing the 5-year increase to project the number of dwelling units within each
TAZ for 2005 (when the subject project will start having a traffic impact), the total
dwelling units from all the T AZ for each study district were totaled. After totaling all of
the dwelling units within each of the 6 study districts (marketing area), ratios for the
number of dwelling units within each study district compared to those for the trade area
were computed for each of the six study districts. These ratios for each of the 6 study
districts were rounded to the nearest full percentage point. Finally, the traffic for each of
the study districts were assigned to the County's major road network based on dwelling
units already constructed, units expected to be developed by 2005, and units most likely
within each study district to utilize the subject project. The trip assignments are also
shown on Exhibit 7.
The project's institutional use trip distribution was then determined by having the traffic
utilize the most likely route to and from the site (see Exhibit 8). Exhibit 9 shows 70% of
the church's trips (to compute the non-residential portion of the Initial Impacts in Late
2005) including the project's AM. Peak Hour traffic, P.M. Peak. Hour traffic, and
Weekday traffic. Exhibit 10 shows 100% of the project's institutional use trips (to
compute the non-residential portion of the Total Impacts in Late 2007) including the
project's AM. Peak Hour traffic, P.M. Peak Hour traffic, and Weekday traffic.
Exhibit 11 shows the project's total (both residential and institutional) trips in late 2005
and Exhibit 12 shows the project's total trips at the time of build-out in late 2007.
...-
PLANNED ROADWAY IMPROVEMENTS
Per the AUIR there are a large volume of planned roadway projects in North Naples
between FY 2004 and FY 2007. Exhibit 13 shows these numerous roadway projects and
also lists preliminary estimated completion dates for the projects.
6
Agenda Item No. 17E
July 26, 2005
Page 80 of 154
RADIUS OF DEVELOPMENT IMP ACT
The Radius of Development Impact (RDI) was based upon the County's determination
that the RDI for this type of PUD Rezoning is any arterial roadway within 5 miles where
the project's trips exceed 1 % of LOS 0 (adopted LOS) of a roadway segment. When
determining a roadway's LOS D the planried roadway projects shown on Exhibit 13 were
expected to have the additional lanes open to traffic as shown. Exhibit 14 shows the
project's'RDI for this project's traffic in late 2005. In late 2005, the project's RDI is only
Vanderbilt Beach Road, between Logan Boulevard and Collier Boulevard; and Collier
......Boulevard, between the project's access road and.Vanderbilt.f!~~chRoa4~__
Exhibit 15 shows the project's RDI at the time of build-out, anticipated as late 2007. At
build-out, the project's RDI is Vanderbilt Beach Road, between Livingston Road and
Collier Boulevard; Logan Boulevard, between Pine Ridge Road and Vanderbilt Beach
Road; Collier Boulevard, between Irnmokalee Road and Golden Gate Boulevard; and
Golden Gate Boulevard, between Collier Boulevard and Wilson Boulevard.
METHODOLOGY
To project traffic beyond 2003 and seasonal traffic the following methodology was used.
First, the 2003 annual traffic counts were obtained from Collier County Transportation
Operations Department. To project the 2004 existing traffic and future traffic these 2003
traffic counts were increased annually by 108% to reflect both growth and background
traffic. The 2003 Peak Season Daily Traffic figures were based on the Peak! Annual
Ratios shown in the County's 2003 traffic counts. These ratios are shown on Exhibit 16-
EXISTING TRAFFIC IN 2004.
EXISTING TRAFFIC (2004)
The Annual Average Daily Traffic (AADT) and Peak Season Daily Traffic (PSDT) in
2004 for each roadway segment within the project's study area is shown on Exhibit 16.
Each roadway segment's LOS for AADT and PSDT is also shown for 2004. Currently
portions of 2 key roadways close to the subject project are projected to be at LOS F,
during both AADT and PSDT. These are Vanderbilt Beach Road, between Livingston
Road and Logan Boulevard, and Collier Boulevard, between Immokalee Road and
Golden Gate Boulevard. The AUIR shows both of these roadways to be under
construction for widening to 6 lanes commencing in either FY 2004 or FY 2005.
FUTURE TRAFFIC IN 2005
Exhibit 17 shows the 2005 traffic conditions for Peak Season Daily Traffic in late 2005,
both with and without the project's traffic. All County roadways within the project's RDI
will be at either LOS B or LOS C. The project's traffic does not lower the LOS on any
roadway within its RDI in 2005.
FUTURE TRAFFIC AT BUILD-OUT IN 2007
Exhibit 18 shows the 2007 traffic conditions for Peak Season Daily Traffic in late 2007,
both with and without the project's traffic. All County roadways within the project's RDI
will be at either LOS B or LOS C. The project's traffic does not lower the LOS on any
roadway within its RDI in 2007.
7
Agenda Item No. 17E
July 26, 2005
Page 81 of 154
INTERSECTION BREAKDOWN AT PROJECT'S ACCESS ROAD
Per the most recent discussions with Collier County Transportation staff, the project will
get a right-in and left-in but only a right-out. The project's access road has been approved
for the name "Bucks Run Drive" and it will intersect Collier Boulevard approximately 1;4
mile north of Vanderbilt Beach Road. A full intersectioI)., with possible signal, is planned
at the intersection of Wolf Road and Collier Boulevard, located another 1;4 mile north,
which will allow the project's traffic that intends to head south on Collier Boulevard the
means to do so via a "U-turn".
To study the intersection of Collier Boulevardl:l114 I3ucksRun Drive, the following
methodology was utilized. The project's traffic and trip distribution were taken from the
data described within this traffic study. To project north-bound and south-bound traffic
along Collier Boulevard, the PSDT for 2005 was taken from Exhibit 17 and the PSnT for
2007 was taken from Exhibit 18. To determine data during the AM and PM Peak Hours,
data was taken from intersection counts taken at the intersection of Vanderbilt Beach
Road/Collier Boulevard in March 2002 (see Appendix). The AM Peak Hour intersection
counts revealed that 63% of the traffic north of Vanderbilt Beach Road was southbound
and 37% was northbound during the AM Peak Hour. The PM Peak Hour intersection
counts revealed that 40% of the traffic north of Vanderbilt Beach Road was southbound .
and 60% was northbound during the PM Peak Hour. By comparing the two-way counts,
during both the AM and PM Peak Hours in the intersection counts, for Collier Boulevard
north of Vanderbilt Beach Road to the Collier County 2002 AADT counts for this
segment of Collier Boulevard, it indicated that approximately 8% of the AADT occurred
during each of the AM and PM Peak Hours. Hence, the 2005 and 2007 PSDT figures
from Exhibits 17 and 18 respectively, were multiplied by 8% and then by the applicable
north-bound and south-bound ratios to determine traffic along Collier Boulevard for the
AM and PM Peak Hour stlidies.
Exhibit 19 shows the 2005 AM Peak Hour Intersection Breakdown for Bucks Run Drive
and Collier Boulevard. Exhibit 20 shows it for the 2005 PM Peak Hour, Exhibit 21
depicts it for the 2007 AM Peak Hour, and Exhibit 22 for the 2007 PM Peak Hour.
COMPREHENSIVE PLAN COMMENTS
1.3/1.4 Exhibit 16 shows the existing LOS on all roadways within the project's RDI.
Several segments of both Collier Boulevard and Vanderbilt Beach Road are currently at
LOS F. However, these roadway segments are scheduled for widening commencing in
FY 2004 or FY 2005, and upon completion of the road projects the roadways will be
easily at an acceptable LOS again.
4.4 Not applicable.
5.1/5.2 Approval of the Bucks Run PUD Amendment as proposed will have a significant
reduction compared to what is already approved for Bucks Run as this is a "down-
zoning". However, if we just look at the project's proposed traffic it will not impact any
County roadway that is at an unacceptable LOS at 3% or greater of the roadway's adopted
LOS at peak hour until 'after the roadway is currently scheduled for completion of
widening. Upon build-out estimated in late 2007 (see Exhibit 15), all of the roadway's
within the project's RDI are shown to be at an acceptable LOS.
8
Agenda Item No. 17E
July 26, 2005
Page 82 of 154
7.2 A wholesale nursery that utilizes large trucks including semi-trailers is located to the
north and mixing these vehicles with the residential/institutional uses does not appear to
make sense. A cross-access to the Catholic Church to the south was previously
determined not feasible and the Catholic Church was constructed without a cross-access.
7.3 The project will meet the latest parking requirements within the LDC at the time of
SDP review and approval.
Prepared by:
Prepared Under Direction of:
O-~; 1 \1'-\ \o~
Q. Grady Minor, P.E.
Premier Executive Center
1415 Panther Lane, Suite 232
Naples, Florida 34109
Florida Registration Number 30182
~.~v~
File #230Dtis2.rep
9
EXHIBI T 1
VICINI TY MAP
Agenda Item No. 17E
July 26, 2005
Page 83 of 154
Agenda Item No. 17E
July 26, 2005
Page 84 of 154
N
W*E
S
EXHIBI T 2
KEY TRIP-END DES TINA TlONS FOR SI TE'S RESIDEN TlAL
KIT
H = Hospitals
C = Smaller Commercial Areas
M = Medium-Sized Commercial Areas
X = Larger Commercial Areos
B = Business Parks
TRAFFIC
S = Schools
I = Ind. Parks
o = Office Parks
P = Coun ty Parks
L = Coun ty Libraries
o
M M
S
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M S S
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Agenda Item No. 17E
July 26, 2005
Page 85 of 154
EXHI81 T 3
TRIP ASSIGNMENT FOR SITE'S RESIDENTIAL TRAFFIC
N
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s
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Agenda Item No. 17E
July 26, 2005
Page 86 of 154
EXHIBI T 4
TRIP DISTRIBUTION FOR SITE'S RESIDENTIAL TRAFFIC
21%
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S
Agenda Item No. 17E
July 26, 2005
Page 87 of 154
EXHIBIT 5
PROJECT'S RESIDENTIAL TRIP DISTRIBUTION IN LA TE 2005
KEY
1) AM PEAK HOUR (25)
2) PM PEAK HOUR (31)
3) WEEKDA Y DAIL Y (310)
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Agenda Item No. 17E
July 26, 2005
Page 88 of 154
EXHIBIT 6
PROJECT'S RESIDENTIAL TRIP DISTRIBUTION IN LA TE 2007
KEY
1) AM PEAK HOUR (83)
2) PM PEAK HOUR (102)
3) WEEKDA Y DAIL Y (1030)
N
W*E
S
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Agenda Item No. 17E
July 26, 2005
HOOVER PLANNING & DEVELOPMENT.lNe.of154
Land, Environmental & Traffic Planning Consultants
3785 Airport Road North, Suite B-1. Naples, Florida 34105
ENVIRONMENTAL IMPACT STATEMENT (EIS)
Project:
BUCKS RUN PUD
SECTION 35 TOWNSHIP 48 SOUTH, RANGE 26 EAST
APPROXIMA TEL Y 39.06 ACRES
Presented to:
COLLIER COUNTY
ENVIRONMENTAL SERVICES DEPARTMENT
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
Dated:
Revised:
Revised:
--
3RD RESUBMITT AL
PUDA-2004-AR-6279
PROJECT # 19990120
DATE: 4/7/05
ROBIN MEYER
July 9. 2004
December] 5,2004
March 28. 2005
Land Planning: (239) 403-R899
Fax: (239) 403-9009
Environmental: (239) 403-8333
Agenda Item No. 17E
July 26, 2005
Paglill]i1 d2654
3.8.5.1 APPLICANT INFORMATION.
A. Responsible person who wrote the EIS and his/her education and jOb
related environmental experience.
Jeremy Sterk, B.S.. Aquatic Biology, 10 years job related experience.
A resume is attached.
B. Owner(s)/agent(s) name, address, phone number & e-mail address.
Bucks Run Estates. LLC
3785 Airport Road North, Suite B-1
Naples. FL 34117
Phone: (239) 403-8899
Fax: (239) 403-9009
Email: billh@hooverplanning.com
AND
Restoration Church, Inc.
1459 Pine Ridge Road
Naples, FL 34109
Phone: (239)-594-1203
Fax: (239) 594-9054
AND
Bucks Run Developers, LLC
PO Box 5265
Frisco. CO 80443
Phone: (800) 731-7304
Email: craneinco@comcast.net
3.8.5.2 HAPPING AND SUPPORT GRAPHICS.
A. General location map.
See attached site location map.
B. Native ~abitats and their bo~ndaries identified on an aerial photograph
of the site extending at least 200 feet outside the parcel boundary.
This eees not mean the applicant is required to go on to adjoining
proper:ies. Habitat ijen:ifi~ation consistent with the Florida
Depart~ent of Transportdtion Florida Land Use Cover and Forms
Classi~lca:ion System (2LUCFCSI shall be depicted on an aerial
photograp~ ~a7ing a sca:e of one incn equal to at least 200 feet when
availaole from the County. Other scale aerials may be used where
appro~riate for the size 0: the project, provided the photograph and
G I.HP Pro,ect Filt'5\:'0l}'S'..~;\k~60 8uck Ru.n PUD\En"ironmtnla~\Collier Coumy ElS\Entirc Pt:DIJrd Submiull\Cullier County EIS.dCK
Agenda Item No. 17E
July 26, 2005
Pa~~ 1ilf2654
overlays are legible a~ the scale provided. A legend for each of the
FLUCFCS categories fc~~d on-site shall be included on the aerial.
Native communities were mapped according to the Florida Department of
Transportation Florida Land Use Cover and Forms Classification System-
(FLUCFCS) and their boundaries are depicted on the attached 2004 aerial at a
scale of 1"=200'. Also attached is an 8 W' X 11" sheet (1 "=400') with
FLUCFCS mapping for clear reference. The maps are entitled "Bucks Run
PUD-FLUCFCS Mapping". Both maps detail FLUCFCS mapping within 200'
of the PUD boundary. This mapping was done through aerial interpretation.
C. Topographic map, and existing drainage patterns if applicable. Where
possible, elevations w1thin each of FLUCFCS categories shall be
provided.
Site elevations average approximately 12.6' NGVD. Currently drainage is to the
south and southwest. See attached boundary survey that includes topographic
mapping, provided by Q. Grady Minor & Associates. Extra topographic
information was taken in an around the wetlands for the SFWMD. There are
multiple elevations in each FLUCFCS community.
D. Soils map at scale consistent with that used for the Florida Department
of Transportation Florida Land Use Cover and Forms Classification System
determinations.
Soils lines have been digitized from the Natural Resources Conservation Service
(NRCS) map of Collier County. A map detailing the soil types found on the
subject property is included at a scale of I "=300' and is attached on an 8 Y:z X II
sheet. The map is entitled "Bucks Run PUD-NRCS Soils Mapping".
E. Proposed drainage pla~ indicati~g basic flow patterns, outfall and off-
site dr3inage.
See attached PUD Master Plan, Exhibit B provided by Q. Grady Minor &
Associates, P.A.
F. Develo~ment plan i~~l~~i~g phasing program, service area of exis~ing and
proposed public facili~ies, and existing and proposed transporta~ion
network 1n the impact cicea.
See attached PUD Master Plan, Exhibit A provided by Q. Grady Minor &
Associates. P.A.
G - liP Prole"':1 hl~,,':?()r]'5"2JO-A60 Buck R.un PUD\F.n\.lronmental\ColJier Count~ EIS\Enlir~ PlJl)"Jrd SubmittarC,\lf\l~~f Count~ EI" J.x
Agenda Item No. 17E
July 26, 2005
P a~oOO>af6154
G. Site plan showing preserves on-site, and how they align with preserves
on adjoining and neighboring properties. Include on the plan locations
of proposed and existing development, roads, and areas for sto~mwater
retention, as shown on approved master plans for these sites, as well as
public owned conservation lands, conservation acqu~sition areas, major
flowways and potential wildlife corridors.
See attached "Indigenous Preservation Map:' and 2004 FLUCFCS Aerial. There
are no adjacent preserves to align or connect to. Surrounding development has
already cut off the entire property from adjacent preserves. The property is not
adjacent to any public owned conservation lands, conservation acquisition areas.
major flow-ways. or potential wildlife corridors.
H. For properties in the RLSA or RFMU Districts, a site plan showing the
location of the site, and land use designations and overlays as
identified in the Growth Management Plan.
Not Applicable. The Bucks Run PUD is not located in the RLSA or the RFMU.
3.8.5.3 PROJECT DESCRIPTION AND GMP CONSISTENCY DETERMINATION.
A. Provide an overall description of the project with respect to
environmental and water management issues.
Proiect Description
This 39.06-acre site is located on the eastern side of Collier Boulevard, about 700
feet north of Vanderbilt Beach Road. The subject property is currently zoned as
the Bucks Run PUD and is currently approved for 288 Affordable Housing
Density Bonus apartments on the eastern 24.06 acres and for a church. child care
center and private school on the western 15 acres. Alternatively, the western 15
acres, or portions thereof not used for institutional uses, may be developed for
residential uses at up to 4 units per residential acre. The eastern 24.06 acres
("East Tract") are owned by the Bucks Run Estates, LLC. The western 15.00
acres is 2 separate tracts that are comprised of a northern tract of 8 acres
("Northwest Tract") and a southern tract of7 acres ("Southwest TracC). The
Northwest Tract is owned by Restoration Church. The Southwest Tract is owned
by Bucks Run Developers, LLC. The subject property will gain access to Collier
Boulevard through a shared access road that runs along the northern boundary of
the Northwest Tract. As part of the current PUD Amendment. the project is
proposed to have a combination of single family homes. condominiums. and a
church.
Environmental Issues
Environmental issues on the Bucks Run PUD are very minor. The peD is
proposing on 0.17 acres of wetland impact to isolated wetlands. No listed species
G \liP Projecl Files\200's\2JO-:'60 Bud Run PUD'Environmentlll Collier ("llUm", 1:1S' J:nlir~ peD' Jrl1";'jbmmJ.I'(:ullh~r (L>lllll\ EIS doc
Agenda Item No. 17E
July 26, 2005
P~~~41f(liS154
have been documented on the property. Squirrels such as gray or Big Cypress fox
squirrels may use the property and a management plan has been developed for
these species. The project has minimized impacts by providing 25% indigenous
vegetation on the property and by managing these areas for wildlife.
The following FLUCFCS communities are present on the subject property. See
enclosed FLUCFCS mapping for specific locations.
Name: Pine Flatwoods
Code: FLUCFCS 411
Acreage: 33.94 Acres
Description:
This is the community makes up the majority of the property. Vegetation consists
of slash pine with scattered cypress in the canopy. Other vegetation includes
melaleuca, wax myrtle, Brazilian pepper, grapevine, myrsine, poison ivy cabbage
palm, dahoon holly, smilax, button bush, love vine, and Caesar weed. Grapevine
and poison ivy have formed a thick, dense carpet throughout most of this
community. Much of this community was likely historic wetlands that have
transitioned to uplands due to hydroperiod alterations caused by the adjacent
canal, roadways, and development.
NAME
41 I - Pine Flatwoods
Dominant
Pinus e//iotti
Vilis rotundifolia
Common
Piloblephis rigida
Taxodium ascendens
Sabal palmetto
Serenoa repens
Smilax spp.
lIex cassine
Urena lobata
Toxicodendron radicans
Occasional
Melaleuca quinquenervia*
Bumelia celastrina
Schinus terebinthifolius*
Myrica cerifera
Rhus copa/lina
?
.. invasive exotic
COMMON
NAME
pine (slash pine)
muscadine grape
pennyroyal
pond cypress
cabbage palm
saw palmetto
Smilax
dahoon holly
Caesar weed
poison ivy
melaleuca
buckthorn
Brazilian pepper
wax mynle
southern sumac
ground lichen
STRATUM
canopy
vine
ground cover
canopy
canopy
mid-story
vine
mid-story
ground cover
vine
canopy
mid-story
m id--story
mid-story
midstory
ground cover
G.\HP Project Filcl\200's\:JO-.-\.60 BUl.:k Run PI:O\En'.ir,lnmenlal",CDlliL"r r',lunl~ EIS\Entire PL'D\3rd Subm":tIl\Collier Counry EIS doc
Agenda Item No. 17E
July 26, 2005
Pa!)il~!6154
Name: Cypress-Pine-Cabbage Palm
Code: FLUCFCS 624
Acreage: 5.12 Acres
Description: This community makes up the only wetlands on the property.
Canopy vegetation is dominated by cypress with scattered slash pine, cabbage
palm, and dahoon holly. Other vegetation present includes swamp fern, saw
grass, wax myrtle, melaleuca and Brazilian pepper.
COMMON
NAME
SCIENTIFIC
NAME
624 - Pine/Cypress/Cabbage palm
Dominant
Taxodium ascendens
Blechnum serrulatum
pond cypress
swamp fern
Common
Cladium jamaicense
Ilex cassine
Myrica cerifera
Myrsine floridana
Pinus e/liotti
Sabal palmetto
Smilax spp.
Spermacoce verticil/ata
Toxicodendron radicans
Vitis rotundifolia
saw grass
dahoon holly
wax myrtle
myrsine
pine (slash pine)
cabbage palm
Smilax
false buttonweed
poison ivy
muscadine grape
Occasional
Amphicarpum muhienbergianum
Melaleuca quinquenervia*
Schinus terebinthifolius*
Woodwardia virginica
*invasive exotic
blue maidencane
melaleuca
Brazilian pepper
chain fern
STRATUM
canopy
ground cover
ground cover
mid-story
mid-story
mid~story
canopy
canopy
vine
ground cover
vine
vine
ground cover
canopy
mid-story
ground cover
Impact Areas:
Upland areas being impacted are made up of the pine ftatwoods habitat listed
above. The majority of these areas were historic transitional wetlands that have
been drained by isolation. Currently all habitats on this property are surrounded
by development and severed from surrounding habitats.
The wetlands on the property are completely surrounded by development and
have already been severed from any historic connections. They are suffering
from reduced hydroperiod caused by roads and canals in the vicinity. The
impacts to wetlands are very minor (0.17 acres) and the SFWMD has determined
that the minor impacts will not result in secondary impacts to the remaining
wetlands and due to the proposed surface water management system on the
property, they should benefit from an improved hydroperiod.
G \liP Project Fil..:.. "::Oh';. :JI)..\nlJ BII..~ RUrl Pl."D\Envlronmem.d'Cullier County EtS\Entirc- PUD\lrd SulJmittal\Collier Councy EIS doc
Agenda Item No. 17E
July 26, 2005
P a~ffiat6154
Preserve Areas:
The wetlands proposed for preserve are the best quality habitat on the site and the
applicant has gone to great lengths to minimize impacts to them. The SFWMD
has determined that the minor impacts will not result in secondary impacts to the
remaining wetlands. Specific vegetation found in the proposed preserve areas can
be found in the FLVCFCS 624 table above. As can be seen from the table, the
wetlands are suffering from reduced hydroperiod-this is evidenced by the
presence of upland pioneers such as Vilis rotundifolia and Toxicodendron
radicans.
Water Management System Issues \Description
There are no water management issues on this property. A description of the
proposed system is given below:
Two independent water management systems (west and east) will serve this
Planned Vnit Development (PUD).
F or the 24-acre east tract, two wet detention ponds are proposed to provide storm
water quality treatment and attenuation. Additionally, the wetland located on the
southeast area of the property (Wetland #2) will be incorporated into the water
management system for storm water storage purposes only, to provide wetland
hydration. A water level control structure at lake #2 will provide water quality
treatment prior to the water flows toward Wetland #2. The wetland located on the
west side of the property (Wetland #1) is not included in the water management
system for this tract, although it has been considered as part of the contributing
drainage area of the outfall system. The system will discharge into Wetland #1
through a control structure.
F or the west tracts, the wetland area and retained preserve areas are proposed to
provide storm water quality treatment and attenuation.
The access road (within the west tract) will have the required water quality
treatment with an interim dry detention swale located on the south side of the road
in the event the east tract develops in advance of the west tract. This swale will
discharge into Wetland # I through a control structure. Ultimately, drainage from
the access road will be incorporated into the applicable west tract backbone water
management system.
After water quality treatment and attenuation requirements have been achieved for
the project, the storm water will discharge into the CR 951 Canal. Separate
outfall structures are anticipated for the east and west tracts.
The total discharge from the projects will not exceed the allowable rate of 0.15
cfs/acre.
tJ HP Prattel f lit:~' 21)f,i'::Ji'.2 ;Lj. -\(,{) fiuck Run PLO\En\lrOnmemal\( ullll:f CounlY EIS\Encire PliO\Jrd Submlual\C ,)lIitr Counl)' EISdoc
Agenda Item No. 17E
July 26, 2005
P..81lf~ 154
The east 24 acres and the entrance road of the Bucks Run .pun have an approved
environmental resource permit (ERP) and surface water management from the
South Florida Water Management District. The permit will be modified to
incorporate water management for the front 15 acres. There will be no further
wetland impacts.
B. Explain how the project is consistent with each of the Objectives and
Policies in the Conservation and Coastal Management Element of the
Growth Management Plan, where applicable.
Goal 6 and Goal 7 of the Conservation and Coastal Management Element of the
Growth Management Plan are most applicable to the Bucks Run PUD parcel.
Those objectives and policies are detailed below:
GOAL 6: THE COUNTY SHALL IDENTIFY, PROTECT, CONSERVE AND
APPROPRIATELY USE ITS NATIVE VEGETATIVE COMMUNITIES AND WILDLIFE
HABITAT.
OBJECTIVE 6.1
The County shall protect native vegetative communities through the
application of minimum preservation requirements. The following policies
provide criteria to make this objective measurable. These policies shall
apply to all of Collier County except for the Eastern Lands Study Area,
for which policies are required to be adopted by November I, 2002.
Policy 6.1.1:
According to the Collier County Future Land Use Map, the parcel is located in the
Urban Residential Sub-district. The proposed land use for the property is mixed-
with a combination of Institutional and Residential. In this case, the native
vegetation preservation requirement is 25%.
The project will meet the requirements of Section 3.05.07 of the Land
Development Code and Goal 6 of the Conservation & Coastal Management
Element (CCME) regarding retaining and or preserving 25% of the viable
naturally functioning native vegetation on-site, including both the understory and
the groundcover emphasizing the largest contiguous areas possible. 25% of the
existing naturally functioning native vegetation is 9.77 acres.
The indigenous vegetation was preserved with wetlands having the highest
priority. 96.7% of onsite wetlands are being preserved.
Policy 6.1.2:
Not Applicable. According to the Collier County Future Land Use Map. the
parcel is located in the Urban Residential Sub-district.
Policy 6. 1. 3 :
Not Applicable. According to the Collier County Future Land Use Map, the
parcel is located in the Urban Residential Sub-district.
Policy 6.1.4:
A monitoring and maintenance plan has been developed for the SFWMD and the
ACOE. The details of the plan are below:
G \HP Projl.'\.l Files' :l)~'/~<.:JO.A60 Buck Run PlJD\Environmenlal\CoUier Counry EIS\En1ire PUD\lrd Subm;ual\Collier Coun1y F/S due
Agenda Item No. 17E
July 26, 2005
P~~lCl!6154
Management of Mitigation\Preserve Areas
Management activities will ensure that all preserve areas are maintained free of
exotic plants in perpetuity. This is achieved by establishing a scheduled program
to maintain the site free of exotic plants. The property will be evaluated on an
annual or semi -annual basis for exotic vegetation. Exotics will be removed as
necessary in such a manor as to ensure that there will be no more than 0% total
coverage of exotics and 0% total coverage of nuisance plants, as defined by the
Florida Exotic Pest Plant Council.
Wetland Monitoring Plan
The objective of the monitoring will be to determine the health of the
conservation areas and make an assessment of mitigation success. Monitoring
will be conducted annually for five years and a report will be prepared and
submitted to the SFWMD and ACOE that documents the following parameters:
· Panoramic Photographs (see included wetland monitoring map for specific
locations).
· Description of vegetation composition and percent coverage along a transect
(see attached wetland monitoring map for specific locations).
· Percent cover of nuisance and exotic plant species.
· Wildlife observations during the field visit.
· Water Level Observations taken at a pair of staff gauges monthly.
· Rainfall Data will be gathered and summarized as monthly amounts
A report summarizing the findings of the data gathered will be prepared. The report
will evaluate the success of the mitigation/maintenance effort, activities conducted to
date and any remedial activities that are necessary to ensure the success of the
mitigation areas.
See included Wetland I Upland Monitoring Map included in the SFWMD permit
for specific locations of the proposed vegetation sampling transects and photo
points.
The following is the approved work schedule for enhancement work and
subsequent monitoring reporting from the SFWMD ERP. The schedule will
likely be modified due to development delays. This will be done as part of the
ERP modi tication that incorporates the front 15 acres.
I Completion Date
March 15,2005
May 30, 2005
March 15, 2005
July 30, 2005
July 30, 2006
July 30, 2007
Monitoring Activity
Baseline Monitoring report
Exotic Removal
Record Conservation Easements
Time Zero Monitoring Report
First Annual Monitoring Report
Second Annual Monitoring Report
G HP Project Fil~s~OO'Io\1JO-A60 Buck Run PUD\Environmentaf\Collier ('ounly EISl.Entire PCD' jrJ ""uhlllltlarrllllier County EIS d\lc
Agenda Item No, 17E
July 26, 2005
p~ W~~6154
July 30, 2008
July 30, 2009
July 30, 20 I 0
Third Annual Monitoring Report
Fourth Annual Monitoring Report
Fifth Annual Monitoring Report \ Site Inspection
Policy 6.1.5:
Not Applicable. The property contains no active agricultural land.
Policy 6. 1. 6 :
Not Applicable. The Bucks Run PUD is not seeking any exemption.
Policy 6.1.7:
The Bucks Run PUD will meet the appropriate littoral zone requirements in the
onsite lakes. Native vegetation species will be incorporated into landscaping
wherever possible.
Policy 6. 1 .8:
Refer to this docwnent.
OBJECTIVE 6.2:
The County shall protect and conserve wetlands and the natural
functions of wetlands. The following policies provide criteria to make
this objective measurable. These policies shall apply to all of Collier
County except for the Eastern Lands Study Area, for which policies are
required to be adopted by November I, 2002.
Policy 6.2.1:
Wetlandjurisdictionals have been conducted on the property. The SFWMD
wetland lines were confirmed on July 10, 1999 by Amy Ohlberg. The ACOE
lines were set by Skip Bergmann on July 14, 1999. The wetland lines were
subsequently surveyed and are shown on the attached Wetland TO Map. Copies
of the wetland jurisdictional confirmation letters for both agencies are attached.
Policy 6.2.2:
The wetlands on the property have been flagged and field verified by agency
personnel. The approved lines are shown on the attached Wetland 10 Map.
Policy 6.2.3:
The 24.06 acre single family residential portion of the Bucks Run PUD and the
entrance road have approved SFWMD and ACOE ERP permits. Copies of the
ERP permits are attached. Mitigation included purchase of 0.75 credits of
mitigation at the Panther Island Mitigation Bank.
Policy 6.2.4:
The 24.06 acre single family residential portion of the Bucks Run PUD and the
entrance road have approved SFWMO and ACOE ERP permits. Copies of the
ERP permits are attached.
Policy 6.2.5:
Not Applicable. According to the Collier County Future Land Use Map, the
parcel is located in the Urban Residential Sub-district.
G\HP Project Filel\200's\230-A60 Bud Run PL'D\EnvirunmCPloltC'olhrr CUUfll) l:IS Ff1Iln;:' pet) .3rd Submiltal\Cotlier County EISdoc:
Agenda Item No. 17E
July 26, 2005
Pa~~9Pc@26154
Policy 6.2.6:
As dictated by the SFWMD, all wetland preserves and upland mitigation areas on
the 24.06 acre Bucks Run single family residential area will be placed under a
conservation easement as part of that ERP permit. The remainder of the
indigenous vegetation provided by the northwest or southwest tracts on their
properties will be placed under a conservation easement through their Collier
County SDP process. All indigenous areas, buffers, and common areas will be
preserved and maintained according to Collier County standards.
Policy 6.2.7:
Not Applicable. According to the Collier County Future Land Use Map, the
parcel is located in the Urban Residential Sub-district.
Policy 6.2.8:
Not Applicable. According to the Collier County Future Land Use Map, the
parcel is located in the Urban Residential Sub-district.
Policy 6.2.9:
Not Applicable.
OBJECTIVE 6.3
The County shall pro~ect and conserve submerged marine habitats.
Policy 6.3.1:
Not Applicable. The site contains no marine habitats.
Policy 6.3.2:
Not Applicable. The site contains no marine habitats.
Policy 6.3.3:
Not Applicable. The site contains no marine habitats.
OBJECTIVE 6. 4
The County will protect, eo~serve and appr~priately use ecological
communities shared with or ta~gential to State and Federal lands and
other local governments.
Policy 6.4.1:
Not Applicable. The site is not adjacent to local, State, or Federal Lands.
Policy 6.4.2:
Not Applicable. The site is not adjacent to local. State, or Federal Lands.
Policy 6.4.3:
Not Applicable. The site is not adjacent to local, State, or Federal Lands.
OBJECTIVE 6.5:
The County shall pro:eet natural reserva:ions from the impact of
surrounding development. Fer the purpose cf this Objective and its
related policies: natural reserva:ions s~a~l include only Natural
G\HP PrOJec1 "'iles\:OO\':: "tU.\(1) llu..:k Run PCD\.f.n~u0nmentaITollier Count)' EIS\EnUrt: PLD\3rd !\ubmiual\Collier County EIS d~
Agenda Item No. 17E
July 26, 2005
P a ilfg~ ~ 1oN61 54
Resource Protection Areas (NRPAs) and designated Conservation Lands on
the Future Land Use Map; and, development shall include all projects
except for permitting and construction of single-family dwelling units
situated on individual lots or parcels. This Objective and its Policies
shall apply only to the Rural Fringe Mixed Use district [except as noted
in Policy 6.5.3J.
Policy 6. 5 . 1 :
Not Applicable. The site is not adjacent to any NRP A or FLUM designated
Conservation Lands.
Policy 6.5.2:
Not Applicable. The site is not adjacent to any NRP A or FLUM designated
Conservation Lands.
Policy 6.5.3:
Not Applicable. The site is not adjacent to any NRPA or FLUM designated
Conservation Lands.
GOAL 7: THE COUNTY SHALL PROTECT AND CONSERVE I'1'S FISHERIES
AND WILDLIFE.
OBJECTIVE 7.1
The County shall direct incompatible land uses away from listed animal
species and their habitats. These policies shall apply to all of Collier
County except for the Eastern Lands Study Area, for which policies are
required to be adopted by November 1, 2002.
Policy 7.1.1:
Not Applicable. The site will have no affect on Conservation Areas, ACSCs,
NRP As, or Sending Lands.
Policy 7. 1. 2 :
Wildlife surveys for the parcels that make up the Bucks Run PUD are included as
attachments to this EIS. Although no listed species have been documented on the
property, squirrels such as gray or Big Cypress fox squirrels may use the property.
The project has minimized impacts by providing 25% indigenous vegetation on
the property and by managing these areas for wildlife. A management plan for
Big Cypress fox squirrels is included as an attachment to this EIS.
Policy 7.1.3:
Not Applicable. The Bucks Run PUD is not located within the RLSA overlay.
Policy 7.1.4:
As part of ERP permitting. the ACOE requested consultation from the USFWS
regarding the Bucks Run property. The ACOE has issued their dredge and fill
permit. See attached.
Policy 7.1.5:
Not Applicable.
G .HP PiOjtCI J.=i1l;;~' '::OO'S' :;:JO-At>O Buck Run PLD'En....;ronmctlt.I'.Colllet' Count)' EIS\E.ntlre PLD" Jrd SubmlnaJ\CoUier County EtS doc
Agenda Item No. 17E
July 26, 2005
Pa~1ti21m154
OBJECTIVE 7.2
Historical data from 1990-1996 shows that the average number of manatee
deaths in Collier County due to incidents with watercraft is
approxima~ely 3.2 per year per 10,000 boats. Through Policies 7.2.1
through ~.2.4, the County's objective is to minimize the number of
manatee jeaths due to boa: related incidents.
Policy 7.2.1:
Not Applicable. The site is not near the Gulf of Mexico and has no affect on
manatee.
Policy 7.2.2:
Not Applicable. The site is not near the Gulf of Mexico and has no affect on
manatee.
Policy 7.2.3:
Not Applicable. The site is not near the Gulf of Mexico and has no affect on
manatee.
OBJECTIVE 7.3
Historical data from 1996-1999 shows that the average number of sea
turtle disorientations is 5% of total nests. Through the following
policies, the County's objective is to minimize the number of sea turtle
disorientations.
Policy 7.3.1:
Not Applicable. The site is not near the Gulf of Mexico and has no affect on sea
turtles.
Policy 7.3.2:
Not Applicable. The site is not near the Gulf of Mexico and has no affect on sea
turtles.
Policy 7.3.3:
Not Applicable. The site is not near the Gulf of Mexico and has no affect on sea
turtles.
OBJECTIVE 7. 4
The County shall continu~ :0 improve mar~ne fisheries productivity by
building additional artif~cial reefs.
Policy 7.4.1:
Not Applicable.
Policy 7.4.2:
Not Applicable.
3.8.5.4 NATIVE VEGETATION PRESERVATION.
G '.tiP Pro;l,."l;{ rile'S ~Qf)"",.:!)O-AW Buck Run PtJO\Environmenl.lI'Collier Coumy EIS\Encire PUD\Jrd SubminaJ\Collier County EISdoc
Agenda Item No. 17E
July 26. 2005
p~1~afQ6154
A. Identify the acreage and community type of all upland. and wetland
habitats found on the project site, according to the Florida Land Use
Cover and Forms Classification System (FLUCFCS). Provide a description
of each of the FLUCFCS categories identified on-site by vegetation type
(species), vegetation composition (canopy, midstory and ground cover)
a~d vegetation dominance (dominant, common and occasional) .
The following FLUCFCS communities are present on the subject property. See
enclosed FLUCFCS mapping for specific locations.
Name: Pine Flatwoods
Code: FLUCFCS 411
Acreage: 33.94 Acres
DescriDtion:
This is the community makes up the majority of the property. Vegetation consists
of slash pine with scattered cypress in the canopy. Other vegetation includes
melaleuca, wax myrtle, Brazilian pepper, grapevine, myrsine, poison ivy cabbage
palm, dahoon holly, smilax, buttonbush, love vine, and Caesar weed. Grapevine
and poison ivy have formed a thick, dense carpet throughout most of this
community. Much of this community was likely historic wetlands that have
transitioned to uplands due to hydroperiod alterations caused by the adjacent
canal, roadways, and development.
NAME
COMMON
NAME
STRATUM
411 - Pine Flatwoods
Dominant
Pinus e/liotti
Vitis rotundifolia
pine (slash pine)
muscadine grape
Common
Piloblephis rigid a
Taxodium ascendens
Sabal palmetto
Serenoa repens
Smilax spp.
l! ex cass i ne
Urena lobata
Toxicodendron radicans
pennyroyal
pond cypress
cabbage palm
saw palmetto
Smilax
dahoon holly
Caesar weed
poison ivy
Occasional
Melaleuca quinquenervia*
Bumelia celastrina
Schinus rerebinthifolius.
Myrica cerifera
Rhus copallinl.1
?
melaleuca
buckthorn
Brazilian pepper
wax myrtle
southern sumac
ground lichen
*invasive exotic
canopy
vine
ground cover
canopy
canopy
mid-story
vine
mid-story
ground cover
vine
canopy
mid-story
mid-story
mid-story
midstory
ground cover
G \HP Projoa fil.,\200',\230. -'60 Buck Run PUDlEnviranmentallCallier Coomy ElS\E>llite PlJDl3rd SulmritUlIICallier County EIS doc
Agenda Item No. 17E
July 26, 2005
Pa~e1~4>~154
Name: Cypress-Pine-Cabbage Palm
Code: FLUCFCS 624
Acreage: 5.12 Acres
Description: This community makes up the only wetlands on the property.
Canopy vegetation is dominated by cypress with scattered slash pine, cabbage
palm, and dahoon holly. Other vegetation present includes swamp fern, saw
grass, wax myrtle, melaleuca and Brazilian pepper.
SCIENTIFrC
NAME
COMMON
NAME
STRATUM
624 - Pine/Cypress/Cabbage palm
Dominant
Taxodium ascendens
Blechnum serrufatum
pond cypress
swamp fern
Common
Cladium jamaicense
flex cassine
Myrica cerifera
Myrsine floridana
Pinus el/iotti
Sabal palmetto
Smilax spp.
Spermacoce verticil/ala
Toxicodendron radicans
Vitis rOlundifolia
saw grass
dahoon holly
wax myrtle
myrsine
pine (slash pine)
cabbage palm
Smilax
false buttonweed
poison ivy
muscadine grape
Occasional
Amphicarpum muhlenbergianum
Mela/euca quinquenervia*
Schinus lerebinlhifolius *
Woodwardia virginica
""invasive exotic
blue maidencane
melaleuca
Brazilian pepper
chain fern
canopy
ground cover
ground cover
mid-story
mid-story
mid-story
canopy
canopy
vine
ground cover
vine
vine
ground cover
canopy
mid-story
ground cover
B. Explain how the project meets or exceeds the native vegetation
preservation reauirement in Goal 6 of the Conservation and Coastal
Management Element of the Growth Management Plan, and Division 3.9 of
the Land Development Code. Provide an exhibit illustrating such.
Include calculations identifying the acreage for preservation a~d
impact, per ~LUCFCS category.
According to the Collier County Future Land Use Map, the parcel is located in the
Urban Residential Sub-district. The proposed land use for the property is
Residential. In this case, the native vegetation preservation requirement is 25%.
G \HP Project Filu\200's\23o..A60 Buck Run Pt.'D\Environrnenu.f\Collicr Count)' EIS\Entire PUD\Jrd Submiuall('nlljeJ Coonl)' US Joe
Agenda Item No. 17E
July 26, 2005
Palill8c1f6~f16154
The project will meet the requirements of Section 3.05.07 of the Land
Development Code and Goal 6 of the Conservation & Coastal Management
Element (CCME) regarding retaining and or preserving 25% of the viable
naturally functioning native vegetation on-site, including both the understory and
the groundcover emphasizing the largest contiguous areas possible. 25% of the
existing naturally functioning native vegetation is 9.77 acres.
See attached map entitled "Bucks Run PUD-Indigenous Preservation Map" for
detailed locations of proposed wetland and upland indigenous preserves. The
map shows the proposed location of approximately 99% (9.72 acres) of the
required indigenous vegetation. An additional 0.05 acres of indigenous
vegetation will be provided on the Bucks Run PUD.
The following table provides a breakdown of each FLUCFCS community on the
parcel and the proposed impact\preserve percentages.
Per Entire Parcel Per FLUCFCS Community
FLUCFCS Existing Impact Impact Preserve
Code Percent Acrea e Percent Percent
411 86.9% 29.12 85.8% 14.2%
624 13.1% 0.17 3.3% 96.7%
Totals: 39.06 100% Total: 9.77
C. For sites already cleared and in agricultural use, provide documentation
that the parcel(s) are in compliance with the 25 year rezone limitation
in Policy 6.1.5 of the Conservation and Coastal Management Element of
the Growth Management Plan and Division 3.9 of the Land Development
Code. For sites cleared prior to January 2003, provide documentation
that the parcel(s) are in compliance with the 10 year rezone l~mitation
previously identified in the Growth Management Plan and Land Development
Code.
N.A. The site is currently vegetated and has not been cleared.
D.Have preserves or acreage requirements for preservation pre'!~o~3ly been
identified for the site during previous develop~e~t order 3pprc'/als? If
so, identify the location and acreage of these preserves, a~1d provide
an explanation if they are different fro~ what is proposed.
,--
Yes, the property is currently zoned as the Bucks Run PUD. As a mixed use PUD
it was required to preserve 25% of existing native vegetation. Specific locations
of the preserves were not required for the Bucks Run PUD. No change to the
acreage of indigenous to be provided is proposed. The Bucks Run PUD will
G.\H.P Project Files\200's\2JO-AbO Buck Run PUO\EnvlronmcnlaJ\Clllhcr Cou.nt~ ElS\Entirc PI.IYhd "ilJhmiual"{\)lIier County EIS doc
Agenda Item No. 17E
July 26, 2005
Pa~~ 9~ o}l~J 54
preserve 25% of existing native vegetation, or 9.77 acres. See attached map
entitled "Bucks Run PUD--Indigenous Preservation Map" for detailed locations
of proposed wetland and upland indigenous preserves. The map shows the
proposed location of approximately 99% (9.72 acres) of the required indigenous
vegetation. An additional 0.05 acres of indigenous vegetation will be provided on
the Bucks Run PUD.
E. For properties with Special Treatment "ST" overlays, show the 8T overlay
on the development plan and provided an expla~ation as to why these
areas are being impacted or preserved.
N.A. The site does not contain an "ST" overlay.
3 . 8 . 5 . 5 WETLANDS.
A. Define the number of acres of Collier County jurisdictional wetlands
(pursuant to Policy 6.2.1 and 6.2.2 of the Conservation and Coastal
Management Element of the Growth Management Plan) according to the
Florida Land Use Cover and Forms Classification System (FLUCFCS).
Include a description of each of the FLUCFCS categories identified on-
site by vegetation type (species), vegetation composition (canopy,
midstory and ground cover) and vegetation dominance (dominant, common
and occasional). Wetland determinations are required to be verified by
the South Florida Water Management District or Florida Department of
Environmental Protection, prior to submission to the County.
Wetlandjurisdictionals have been conducted on the property. The SFWMD
wetland lines were confirmed on July 10, 1999 by Amy OWberg. The ACOE
lines were set by Skip Bergmann on July 14, 1999. The wetland lines were
subsequently surveyed and are shown on the attached Wetland ID map. Copies of
the wetland jurisdictional confirmation letters for both agencies are attached.
Two SFWMD\Collier County\ACOE wetlands are present on the property. Both
wetlands are completely isolated by uplands and surrounding development
(landscape nursery to the north & Catholic Church to the south).
Wetland Summary Table
Wetland FLUCCS Acreage Percent Quality Isolated?
ID Exotics
#1 624 3.18 10 I Fair y
#2 624 1.94 10 I Fair y
Total 5.12
The following are descriptions of the wetland communities found on the parcel:
G\HP PrO)ec:1 Fdcs\::OO's\2JO.A60 Ouclr. Run PLD' EmlfOnmenlJl'.colllt:J (ount~' EIS\Entire PLD\Jrd Submitr.r-rollier County EISdoc
Agenda Item No. 17E
July 26, 2005
Pali~JWO?~6154
Name: Cypress-Pine-Cabbage Palm
Code: FLUCFCS 624
Acreage: 5.12 Acres
Description: This community makes up the only wetlands on the property.
Canopy vegetation is dominated by cypress with scattered slash pine, cabbage
palm, and dahoon holly. Other vegetation present includes swamp fern, saw
grass, wax myrtle, melaleuca and Brazilian pepper.
SCIENTIFIC COMMON
NAME NAME STRA TUM
624 - Pine/Cypress/Cabbage palm
Dominant
Taxodium ascendens pond cypress canopy
Blechnum serrulatum swamp fern ground cover
Common
Cladium jamaicense saw grass ground cover
!lex cassine dahoon holly mid-story
Myrica cerifera wax myrtle mid-story
Myrsine floridana myrsine midcstory
Pinus e/liotti pine (slash pine) canopy
Sabal palmetto cabbage palm canopy
Smilax spp. Smilax vine
Spermacoce verticil/ata false buttonweed ground cover
Toxicodendron radicans poison ivy vine
Vitis rotundifolia muscadine grape vine
Occasional
Amphicarpum muhlenbergianum blue maidencane ground cover
Melaleuca quinquenervia* melaleuca canopy
Schinus terebinthifolius. Brazilian pepper mid-story
Woodwardia virginica chain fern ground cover
*invasive exotic
B. Determine seasonal and historic high wa~er levels utilizing lichen
lines or other biological indicators. Indicate how the project design
improves/affects predevelcpment hydroperiods. Provide a narrative
addressing the anticipated control elevation(s) for the site.
Average natural ground height on the parcel is approximately 12.6' NGVD. Wet
season high water levels are approximately equal to natural ground height. Water
does not stand on the property long enough to leave biological indicators. Lichen
lines are at ground level. Based on biological indicators such as buttressing on
old cypress trees, historical high water levels were approximately 12" above
average natural ground height or approximately 13.6' NGVD. The project control
elevation has been set by the SFWMD at 11.80' NGVD. This was based soil
borings, lack of biological indicators, and adjacent permitted projects.
G \HP Project Fjles~OO'~'-2)O-A60 Buck Run PUD\En\'lronmcmaJ\CoIlier Count)' EIS'Entire PUO\Jrd Submi1tal\Collier County EIS doc;:
Agenda Item No. 17E
July 26, 2005
P a t:iige1 MP.t61 54
C. Indicate the proposed percent of defined wetlands to be impacted and the
effects of proposed impacts on the functions of these wetlands. Provide
an exhibit showing ~he location of wetlands to be impacted and those to
be preserved on-site. Describe how impacts to wetlands have been
minimized.
The project proposes 0.17 acres of impact to wetlands on the property. This
equates to 3.3% of onsite wetlands. See attached SFWMD and ACOE permits for
wetland impact and preservation details.
The applicant has made a huge effort to reduce wetland impacts to the greatest
extent possible. The access road to the single family residential has been
purposely located where it will produce the least amount of wetland impact
(through the narrowest point of the wetland). Other wetland impacts are very
minor. During pennitting with the SFWMD and ACOE, the project reduced
wetland impacts from 0.30 acres to 0.17 acres by removing the perimeter berm
along the south property line at wetland #2 and improving\sharing the existing
berm that forms the northern property line of the Catholic Church.
The SFWMD has determined during Environmental Resource Permitting that the
proposed wetland impacts will not result in secondary impacts to the remaining
preserved wetlands on the property. The SFWMD is expecting the preserved
wetlands to benefit from an improved hydroperiod due to the construction of the
surface water management system that they have approved. The PUD has
approved SFWMD and ACOE permits for the single family project in the east and
the access road. See attached permits. The ERP will be modified to incorporate
the front 15 acres, but there will be no further wetland impacts.
D. Indicate how the project design compensates for wetland impacts pursuant
to the Policies and Objectives in Goal 6 of the Conservation and Coastal
Management Element of the Growth Management Plan. For sites in the RFMO
District, provide an assessment, based on the South Florida Water
Management District's Uniform Mitigation Assessment Method that has been
accepted by either the Sou~h Florida Water Management District or the
Florida Department of Environmental Protection. For sites outside the
RFMU District, and where higher quality wetlands are being retained on-
site, provide justifica~ion based on the Uniform Mitigation Assessment
Method.
The 24.06 acre single family residential portion of the Bucks Run PUD has
approved ERP permits from the SFWMD and ACOE and was processed under the
old WRAP guidelines. This ERP covers 4.28 acres of the 5.12 total acres of
wetlands on the property (0.84 acres of wetlands are located on the western
parcels). All proposed wetland impacts on the Bucks Run PUD are being
permitted through this ERP. Restoration Church and Bucks Run Developers,
LLC have agreed that there will be no further wetland impacts on their front 15
acres of the Bucks Run PUD. The following are the SFWMD and ACOE
approved mitigation details for the ERP permit:
G'HP Project Files\20fh230_ -\60 Buck Run PUO\Environment&l\Collier County EJS\E.ntire PUO\)rd Submiu,t1Tollier CounE)' ErS doc
Agenda Item No. 17E
July 26. 2005
Pa~c1!)fibtllti 154
Large exotic trees (greater than 4" dbh) which could damage native species if
removed may be girdled or injected with herbicide and left standing.
Mitigation Success Criteria
The preserve areas (wetland and upland) are maintained, in perpetuity, in such a
manor as to ensure that they will have no more than 0% total coverage of exotics
and 0% total coverage of nuisance plants, as defined by the Florida Exotic Pest
Plant Council.
There is a continual increase in indigenous wetland species composition within
the exotic removal areas throughout the five year monitoring period.
Management of Mitigation \Preserve Areas
All preserves will be managed according to Collier County and SFWMD
requirements. Management activities will ensure that all preserve areas are
maintained free of exotic plants in perpetuity. This is achieved by establishing a
scheduled program to maintain the site free of exotic plants. The property will be
evaluated on an annual or semi-annual basis for exotic vegetation. Exotics will be
removed as necessary in such a manor as to ensure that there will be no more than
0% total coverage of exotics and 0% total coverage of nuisance plants, as defmed
by the Florida Exotic Pest Plant Council.
"""*The mitigation details listed above are for the SFWMD\ACOE ERP permit.
For the purposes of this PUD, the total onsite wetland preserve will be 4.95 acres
(inclusion of the wetlands on the Restoration Church\Compass Homes Parcels).
The total indigenous uplands preserved will be 4.82 acres. Therefore the total
indigenous vegetation preserved for the Bucks Run PUD will be 9.77 acres. The.
indigenous preserves will be managed according to Collier County requirements.
3.8.5.6 Surface and Ground Water Management.
A. Provide an overall description of the proposed water management system
explaining how it works, the basis of design, historical drainage flows,
off-site flows coming in to the system and how they will be incorporated
in the system or passed around the system, positive outfall
availability, Wet Season Water Table and Dry Season Water Table, and how
they were determined, and any other ?ertinent information pertaining to
the control of storm and ground water.
There are no significant water management issues. Below is a
description of how the surface water managemen~ system will
function:
Water Management System Issues \Descriotion
Two independent water management systems (west and east) will serve this
Planned Unit Development (PUD).
G \HP Project File!\200'!\2)O~A60 8uc:k Run PUD\En,..ironmentilll'Colllor CQUmy EIS\Enllre PL;D'Jrd Submrtlaf\CoHier Count)' EIStklC
Agenda Item No. 17E
July 26, 2005
Pa~~mt>!6154
For the 24-acre east tract, two wet detention ponds are proposed to provide storm
water quality treatment and attenuation. Additionally, the wetland located on the
southeast area of the property (Wetland #2) will be incorporated into the water
management system for storm water storage purposes only, to provide wetland
hydration. A water level control structure at lake #2 will provide water quality
treatment prior to the water flows toward Wetland #2. The wetland.located on the
west side of the property (Wetland #1) is not included in the water management
system for this tract, although it has been considered as part of the contributing
drainage area of the outfall system. The system will discharge into Wetland #1
through a control structure.
For the west tract, the wetland area and retained preserve areas are proposed to
provide storm water quality treatment and attenuation.
The access road (within the west tract) will have the required water quality
treatment with an interim dry detention swale located on the south side of the road
in the event the east tract develops in advance of the west tract. This swale will
discharge into Wetland #1 through a control structure. Ultimately, drainage from
the access road will be incorporated into the applicable west tract backbone water
management system.
After water quality treatment and attenuation requirements have been achieved for
the project, the storm water will discharge into the CR 951 Canal. Separate
outfall structures are anticipated for the east and west tracts.
The total discharge from the projects will not exceed the allowable rate of 0.15
cfs/acre.
The single family project has an approved water management permit from the
South Florida Water Management District. The permit will be modified to
incorporate the front 15 acres, however there will be no further wetland impacts.
B, Provide an analysis of po:en:ial water quality impacts of the project by
evaluating water quality :oadings expected from the project (pas:
development conditions consldering the proposed land uses and stormwater
management controls) conpared wi:h water quality loadings of the project
area as it exists in its pre-development conditions. This analysis is
required for pr0jec:s impac:~n9 five (5) C~ ~ore acres of wetlands. The
analysis shall be perforffied ,_s:n; methodologies approved oy Fede~al and
State water qua:ity age~~ies.
Not Applicable. The project is proposing less than 5 acres of wetland impacts.
c. Identify any Well field Risk Y3~a~ement Spe~ial ~~eatment Overlay Zones
(WRM-ST) within the ~roject a~2a and provide an analysis fo~ how t~e
project design avoids t~8 ~~s~ i~:ensive lard ~S8S within t~e ~ost
sensitive WRM-STs.
G IJf? PrOject Files'~OO',,: '!l~ ~()o Bud. Run PUD'.Envlronmt'nt",J'Collic:'r County EIS\En[i~ PlJD'Jrd Submiu.d\C'olllet" Coonty EIS,doc
Agenda Item No. 17E
Jul~ 26. 2005
Pa~er.1>re~ 154
ACOE & SFWMD WRAP analysis
See attached WRAP sheets for details.
Pre Development
Community Acrea2e WRAP Score Functional Units
624 4.28 0.51 2.18
Total 4.28 2.18
Post Development
Community Acrea2e WRAP Score Functional Units
624 4.11 0.60 2.47
Total 2.47
The WRAP analysis shows a functional unit increase due to the small amount of
wetland impacts and subsequent enhancement of remaining wetlands by exotic
removal and hydroperiod enhancement.
ACOE & SFWMD Mitigation Details**
(**Collier County Preservation numbers will be different)
As compensation for 0.17 acres of wetland impact, 4.11 acres of wetlands and
1.94 acres (0.59 acres are within the required 25' SFWMD buffer) of uplands will
be preserved and improved by exotic removal. The 4.11 acres of preserved
wetlands will be further enhanced by hydroperiod restoration. Additionally, as
part of the ACOE permit, 0.75 credits were purchased from the Panther Island
Mitigation Bank.
Guidelines for Selective Exotic Removal:
The 4.11 acre wetland preserves and 1.94 acre upland preserve areas will be
walked and all exotic vegetation will be killed in a manner consistent with current
exotic removal practices. Exotic vegetation will be determined by the latest
exotic plant list published by the Florida Exotic Pest Plant Council.
Exotics less than 4" dbh will be manually removed or cut and stacked in a tee pee
or log cabin fashion to reduce impact to adjacent groundcover vegetation. Stumps
will be treated with a recommended herbicide within 15 minutes after cutting.
Herbicides will be applied by a licensed herbicide applicator.
G:\HP Projrd. Files\200's\23o..A60 Buck. Run PUD\EnvironmenW\Collier Count)' F.IS\Entirc Pl:n Jrd Submittal\C'uUier ('uunl~. F.1S doc:
Agenda Item No. 17E
July 26, 2005
P a\?;llgc 12)~f{2t 154
Not Applicable. There are no WRM-STs within the project area.
3.8.5.7 LISTED SPECIES
A. Provide a pla~~ and 3~iffial species survey to lnclude at a minimum,
listed species known to inhaoit biological communities similar to those
existing on-site, and conducted in accordance with the guidelines of the
Florida fish and Wildlife Conservation Commission and the U.s. Fish and
Wildlife Service. State actual survey times and dates, and provide a
map showing the location(s) of species of special status identified on-
site.
The Bucks Run pun is under separate ownerships, therefore two protected
species surveys are included in this submittal. See the protected species surveys
for specific details. See the table in item (8.) below for listed species which
might reside in habitat similar to what exists on this property. The surveys were
conducted on the following dates & times:
Bucks Run 24.06 Sin Ie Famil Parcel & Access Road:
Date Start Time End Time Hours Task
March 14,2003
March 17,2003
March 18, 2003
March 19, 2003
] 1:00am
12:30 m
12:00 m
11 :OOam
Total
2
5
5
3
15
Restoration Church 15 Acre Parcel:
Date Start Time End Time
Hours
Task
Feb 20, 2004
March 05, 2004
I 0:00am
12:00 m
Total
2:00 m
4:00 m
4
4
8
s
s
B. Identify all listed species that are known to inhabit biological
communities similar ~o those existing on the site or that have been
directly observed o~ the site.
P t t d
r ~ h B k R pun
d.
FLUCCS
roece Sf eCles 1St ort e liC S un parce accor 109 to category .
FLUCCS Potential Listed Species Scientific Name Desi2nated Status
FWC or FDA FWS
411 Beautiful Pawpaw Deeringothamnus pulchellus E E
Big Cypress Fox Squirrel Sciurus niger avicennia T -
Eastern Indigo Snake Drymarchon corais couperi T T
Fakahatchee B urmann ia Burmannia flava E -
Florida Black Bear Ursus americanus floridanus T -
Florida Coontie lamia floridana C -
Florida Panther Felis concolor coryi E E
Gopher Frog Rana capito sse -
Gopher Tortoise Gopherus polyphemus SSC -
G 'HP Project Files\.:!OO's\2.\ll-c\60 Buck Run PVO\EnvuonmentarCollier County EIS\Entire PUD\Jrd Submmal\Colher County EIS.doc
624
Red-Cockaded Woodpecker
Satin leaf
Southeastern American Kestrel
Twisted Air Plant
American Alligator
Everglades Mink
Florida Black Bear
Florida Panther
Gopher Frog
Little Blue Heron
Snowy Egret
Limpkin
Tricolored Heron
Wood Stork
Agenda Item No. 17E
July 26, 2005
Pa !lIICl:zKbof6154
Picoides borealis
Chrysophyllum olivifonne
Falco sparverius paulus
Tillandsia flexousa
Alligator mississippiensis
Mustela visan evergladensis
Ursus americanus floridanus
Felis concolor coryi
Rana capito
Egretta caerulea
Egretta thula
Aramus guarauna
Egretta tricolor
Mycteria americana
T
E
T
E
SSC
T
T
E
SSC
SSC
SSC
SSC
SSC
E
E
T(SI A)
E
E
Abbreviations:
Agencies
FWC=Florida Fish and Wildlife Conservation Commission
FDA=Florida Department of Agriculture and Consumer Services
FWS=United States Fish and Wildlife Service
Status
E=Endangered
T=Threatened
T(S/A)=ThreatenedlSimilarity of Appearance
SSC=Species of Special Concern
D. Indicate how the project design m~nlmlzes impacts to species of special
status. Describe the measures that are proposed as mitigation for
impacts to listed species.
No listed species have been documented on the property. Squirrels such as gray
or Big Cypress fox squirrels may use the property. The project has minimized
impacts by providing 25% indigenous vegetation on the property and by
managing these areas for wildlife. See attached management plan for Big
Cypress fox squirrels.
E. Provide habitat management plans for each of the listed species known to
occur on the property. For sites with bald eagle nests and/or nest
protectlon zones, bald eagle management plans are required, copies of
which shall be included as exhibits a~tached to the PUD documents, where
applicable.
No listed species have been documented on the property, however squirrels such
as gray or Big Cypress fox squirrels may use the property. A management plan
for Big Cypress fox squirrels is included in this submittal.
F. Where applicable, include corresponde~ce received from the Florida Fish
and Wildlife Conservation Commission (FFWeC) and the u.s. Fish and
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Agenda Item No. 17E
July 26, 2005
Pa~121;4,~154
Wildlife Service (USFWS), with regards to the project. Explain how the
concerns of these agencies have been met.
No correspondence has been received from the FWC or the USFWS. The ACOE
has sent a letter (April 02, 2004) to the USFWS stating that the project "may
affect, but is not likely to adversely affect" the Florida panther. They are "unaware
of any other threatened or endangered species concerns in these project areas".
The letter requests concurrence from the USFWS. A copy of the letter is attached.
The ACOE has since confirmed their assessment by issuing the dredge and fill
permit for the project in December of 2004.
3.8.5.8 OTHER.
A. For multi-slip docking facilities with. ten slips or more, and for all
marina facilities, show how the project is consistent with the Marina
Siting and other criteria in the Manatee Protection Plan.
Not Applicable. The project is not located adjacent to the Gulf of Mexico.
B. Include the results of any environmental assessments and/or audits of
the property. If applicable, provide a narrative of the cost and
measures needed to clean up the site.
The property is entirely wooded with native vegetation and has never been
developed, however a phase one environmental site assessment of the 24.06 acre
single family residential portion of the Bucks Run PUD was conducted by A2L
Technologies, Inc. in September of2003. They found no noticeable
environmental impairment on the property or caused by the property and
recommended no further assessment. A copy of their report is attached.
C. For sites located in the Big Cypress Area of Critical State Concern-
Special Treatment (ACSC-ST) overlay district, show how the project is
consistent with the development standards and regulations established
for the ACSC-ST.
Not Applicable. The project is not located within the Big Cypress Area of
Critical State Concern.
D. Soil sampling or ground water monitoring reports and programs shall be
required for sites that occ~py old farm fields, old golf courses or are
suspected of p~eviously having contam~nation on site. The amount of
sampling and testing shall be determined by the Environmental Services
staff along with the ?ollution Control Department and the Florida
Department of Environmental Protection.
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Agenda Item No. 17E
July 26. 2005
Pa~e1-~~154
The subject property is entirely wooded and was not previously an old farm site or
golf course. No soil or ground water sampling has been conducted and it is
expected that none would be necessary.
E. Provide documentation from the Florida Master Site File, Florida
Department of State and any printed historic archaeological surveys that
have been conducted on the project area. Locate any known historic or
archaeological sites and their relationships to the proposed project
design. Demonstrate how the project design preserves the
historic/archaeological integrity of the site.
No historical or archaeological surveys have been conducted on the subject .
property, however a letter was submitted to the Division of Historical Resources
requesting that they review the Florida Master Site File. A response was received
that states no historical properties or significant historical resources are expected
on the property. See attached letter.
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ORDINANCE NO. 01- 67
AN ORDINANCE AMENDING ORDINANCE
NUMBER 91-102, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZOHING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE
OFFICIAL ZONING ATLAS MAP NUMBERED 8635S
BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRlB~D REAL PROPERTY FROM
.:rIm" TO "PI mil PLANNED UNIT DEVELOPMENT
KNOWN AS BUCKS RUN PUD. FOR PRO~RTY
TOCA TED ON THE EAST SIDE OF COLLIER
BOULEY ARD (C.R. 951). APPROXIMA TEL Y 700
FEET NORTH OF Y ANDERBILT BEACH ROAD (C.R.
862). IN SECTION 35. TOWNSHIP 48 SOUTH.
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
CONSISTING OF 38.99% ACRES; PROVIDING FOR
THE REPEAL OF ORDINANCE NUMBER 99-79, AS
AMENDED, THE FORMER MAURlEL PUD; AND BY
PROVIDING AN EFFECTIVE DA TH.
Agenda Item No. 17E
July 26, 2005
Page 117 of 154
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WHEREAS. William L. Hoover of Hoover Pluming & Devolopmllllt. Inc., represontiog Budts
Run Land Tl1lSt, petitioned the Board of County Commissionen to change tho zoning clasaifjcation of
the herein described real property.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The Zoning Classification oftbe herein de.cribed real property located in Section 35, ToWlUlbip
48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit
Development in accordance with the PUD Document, attached hereto as Exhibit "A". which i.
incorporated herein and by reference made put bereof. The Official Zoning Atlas Map numbered
86358, as deacribed in Ordinance Number 91-102, the Collier County Land Development Code, is
hereby amended accordingly.
SEcrION TWO:
Ordinance Number 99-79, as amended, known as the Buclca Run PUn, adopted on November
23, 1999 by the Board of County Commillioners of Collier County, is hereby repealed in its entirety.
SEcnON THREE: _ ./
This Ordinance shall become effective upon filing with the Department of State.
-1-
Agenda Item No. 17E
July 26, 2005
Page 118 of 154
PASSED AND DULY ADOPTED by the Board of County Commissioners ofCoJliec COlD1ty,
Florida, this ~ay of 7J~ ,2001.
A1TEST:
DWIGHTE. BROCK, Clerk
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Legal Sufficiency
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BYAM2:~ -
J . CARTER. PhD., CHAIRMAN
1.1\L.~.t H... rn j)c'Cu:lc' :( f
Mmj M. Student
Assistant County Attorney
this ordlnonc:. filed with the
~~ of Stot.', Office the
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and odrnowledgement of thot
fill"lreMd thil u:M:. day
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Agenda Item No. 17E
July 26, 2005
Page 119of154
BUCKS RUN PUD
A PLANNED UNIT DEVELOPMENT
PREPARED FOR:
PASTOR DONALD WIGGINS
RESTORATION CHURCH, INC.
259 AIRPORT ROAD SOUTH
NAPLES, FLORIDA 34104
PRESIDENT MICHAEL D. WOHL
PINNACLE HOUSING GROUP, INC.
9400 S. DADELAND BLVD., SUITE 100
MIAMI, FLORIDA 33156
WILLIAM L. HOOVER, TRUSTEE
BUCKS RUN LAND TRUST
3785 AIRPORT ROAD N., SUITE B-1
NAPLES, FLORIDA 34105
PREPARED BY:
WILLIAM L. HOOVER, AlCP
HOOVER PLANNING & DEV., INC.
3785 AIRPORT ROAD N., SUITE B-1
NAPLES, FLORIDA 34105
and
Q. GRADY MINOR, P.E./WAYNE ARNOLD, AICP
Q. GRADY MINOR & ASSOCIATES, P.A.
3800 VIA DEL REY
BONITA SPRINGS, FLORIDA 34134
DATE FILED BY APPLICANT: November 15. 2000
DATE REVISED BY APPLICANT: SeDtember 19. 2001
DATE REVISED BY COLLIER COUNTY: . November 27.2001
DATE APPROVED BY BCC: November 27. 2001
ORDINANCE NUMBER: 2001-67
EXHIBIT "'A"
TABLE OF CONTENTS
TABLE OF CONTENTS
LIST OF EXHIBITS
STATEMENT OF COMPLIANCE
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION
SECTION 1/ PROJECT DEVELOPMENT REQUIREMENTS
SECTION III RESIDENTIAL AREAS PLAN
SECTION IV PRESERVE AREAS PlAN
SECTION V DEVELOPMENT COMMITMENTS
Agenda Item No. 17E
July 26, 2005
Page 120 of 154
PAGE
i
ii
1
3
6
9
15
16
EXHIBIT "A"
EXHIBIT "B"
EXHIBIT "C"
Agenda Item No. 17E
July 26, 2005
Page 121 of 154
LIST OF EXHIBITS
PUD MASTER PLAN
PUDWATER MANAGEMENT PLAN
AFFORDABLE HOUSING ARCHITECTURAL ELEVATIONS
ii
Agenda Item No. 17E
July 26, 2005
Page 122 of 154
STATEMENT OF COMPLIANCE
The development of approximately 39.06:t acres of property in Collier County, as a
Planned Unit Development to be known as Bucks Run PUD will be in compliance with
the planning goals and objectives of Collier County as set forth in the Collier County
Growth Management Plan. The residential facilities of the Bucks Run PUD will be
consistent with the growth policies, land development regulations, and applicable
comprehensive planning objectives for the following reasons:
1. The subject property's location in relation to existing or proposed community
facilities and services permits the development's residential density as described
in Objective 2 of the Future Land Use Element.
2. The project development is compatible with, and complementary to, surrounding
land uses and meets the compatibility criteria of the Land development Code as
required in Policy 5.4 of the Future Land Use Element.
3. Improvements are planned to be in compliance with applicable sections of the
Collier County Land Development Code as set forth in Objective 3 of the Future
Land Use Element.
4. The project development will result in an efficient and economical allocation of
community facilities and services as required in Policies 3.1.G of the Future Land
Use Element.
5. The project development is planned to protect the functioning of natural drainage
features and natural groundwater aquifer recharge areas as described in
Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
6. The project is located within the Urban Residential Mixed Use District on the
Future Land Use Map. The "East Tract" of the project is designated as an
Affordable Housing Density Bonus project. The projected density of 11.97
dwelling units per acre on the "East Tract" is in compliance with the Future Land
Use Element of the Growth Management Plan based on the following
relationships to required criteria:
"East Tract" with an Affordable Housina Proiect
Base Density 4 dwelling units/acre
Affordable Housing Density Bonus +8 dwellino units/acre
Maximum Permitted Density 12 dwelling units/acre
Requested density = 11.97 dwelling units/acre
Maximum permitted units = 24.06 acres x 11.97 dwelling units/acre = 288
units.
Agenda Item No. 17E
July 26, 2005
Page 123 of 154
The projected density of 4.0 dwelling units per acre, for each acre residentially
developed, on the "West Tract" is in compliance with the Future Land Use
Element of the Growth Management Plan based on the following relationships to
required criteria:
'West Tract" with a Residential Proiect
Base Density 4 dwellina units/acre
Maximum Permitted Density 4 dwelling units/acre
Requested density = 4.0 dwelling units/acre
Maximum permitted units = 15.0 acres x 4 dwelling units/acre = 60 units.
(For every acre of residential area that is developed for non-residential
uses, 4 dwelling units shall be subtracted from the maximum of 60
dwelling units on this tract.)
7. The Urban designation allows for a variety of community facilities, such as
churches, schools, and child care centers.
8. All final local development orders for this project are subject to Division 3.15,
Adequate Public Facilities, of the Collier County Land Development Code.
2
Agenda Item No. 17E
July 26, 2005
Page 124 of 154
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 describe the existing conditions of the property proposed to be
developed under the project name of Bucks Run PUD.
1.2 LEGAL DESCRIPTION
The subject property being 39.06i: acres, is located in Section 35, Township 48
South, Range 26 East. and is fully described as:
The North half of the Southwest quarter of the Southwest quarter of
Section 35, Township 48 South, Range 26 East, Collier County, Florida,
less and except the West 100 feet thereof, previously conveyed for a road
and canal right-of-way.
The North half of the Southeast Quarter of the Southwest quarter of
Section 35, Township 48 South, Range 26 East, Collier County, Florida,
subject to an easement for public road right-of-way over and across the
East 30 feet thereof.
1.3 PROPERTY OWNERSHIP
The subject property is owned as follows:
The north 8.0 acres of the western 15.0 acres, labeled "West Tract" on Exhibit
A", of the subject property is owned by Restoration Church, Inc. and the south
7.0 acres of the West Tract is under option to purchase contract by Restoration
Church, Inc., Pastor Donald Wiggins, 259 Airport Road South, Naples, Florida
34104. The south 7.0 acres of the West Tract and the 24.06 acres labeled "East
Tract" on Exhibit "A" is owned by the Bucks Run Land Trust dated July 27, 1999,
Trustee William L. Hoover, 3785 Airport Road North, Suite B-1, Naples, Florida
34105. Pinnacle Housing Group, Inc., President Michael D. Wohl, 9400 S.
Dadeland Boulevard, Suite 100, Miami, Florida 33156 has the west 13.33 acres
of the 24.06-acre "East Tract" under purchase contract and the east 10.73 acres
of the "East Tract" under option to purchase contract.
3
Agenda Item No. 17E
July 26, 2005
Page 125 of 154
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located on the east side of Collier Boulevard,
approximately 700 feet north of Vanderbilt Beach Road (unincorporated
Collier County), Rorida.
B. The entire project site is zoned PUD, Bucks Run, approved by. Collier
County Ordinance No. 99-79.
1.5 PHYSICAL DESCRIPTION
The project site is primarily located within the 951 Canal North Drainage Basin
according to the Collier County Drainage Atlas; the eastern portion of the site is
located within the Cypress Canal Drainage Basin. The proposed outfall for the
project is the CR-951 roadside ditch located at the west property line of the
project.
Natural ground elevation varies from 12.0 NGVD within the onsite wetland areas
to 13.0 NGVD at the CR-951 right-of-way line constituting the west property line~
average site elevation is 12.4 NGVD. The entire site is located within FEMA
Flood Zone ax. with no base flood elevation specified.
The water management system of the project proposes the construction of a
perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood
stage. Water quality pretreatment is proposed in the on-site lake system prior to
discharge.
The water management system will be permitted by South Florida Water
Management District (SFWMD) through the Environmental Resource Permit
process. All rules and regulations of SFWMD will be imposed upon this project
including but not limited to: storm attenuation, minimum roadway centerline,
perimeter berm and finished floor elevations, water quality pre-treatment, and
wetland hydrology maintenance.
Per Collier County Soil Legend dated January 1990, the soil type found within
the limits of the property is predominately #2 - Holopaw Fine Sand, Limestone
Substratum with a small area of #10 - Oldsmar Fine Sand at the extreme
eastern portion of the site.
The site vegetation consists primarily of slash pine, cabbage palm, and Cypress
trees with upland areas of Slash Pine and Saw Palmetto. Due to artificial
lowering of the water table by the CR-951 canal, grape vine and poison ivy
groundcover have infested the site. The site is also heavily infested with
Brazilian Peppers and Melaleuca trees, both exotic species. .
4
Agenda Item No. 17E
July 26, 2005
Page 126 of 154
1.6 PROJECT DESCRIPTION
The westerly portion of the Bucks Run PUD is comprised of 15.00 acres labeled
"West Tract" on Exhibit "A", PUD Master Plan and is limited to a maximum of 60
residential units. A church, child care, and/or school may also be developed on
all or a portion of the 'West Tract" but the school cannot begin construction until
November 27,2005. Once a church, child care facility, or a school is developed
on the 'West Tract", residential development on the "West Tract" shall be limited
to a maximum of 2 units comprised of only parsonages and/or care taker's
residences, that are accessory to the church and/or school uses.
The easterly portion of the Bucks Run PUD is comprised of 24.06 acres labeled
"East Tract" on Exhibit "A", PUD Master Plan and is limited to a maximum of 288
residential units, via an accompanying Affordable Housing Density Bonus
petition. Up to 200 of these dwelling units on the "East Tract" can be developed
at this time in Phase I but building pennits for the remaining units cannot be
pulled until Phase II commences. Phase II commences at the earlier of January
1, 2005, or when the funding for the construction of C. R. 951, between
Immokalee Road and Golden Gate Boulevard, has been approved by the Board
of County Commissioners. Recreational facilities will be provided in conjunction
with the dwelling units.
The residential and other principal land uses, recreational uses, and signage are
designed to be hannonious with one another in a natural setting by using
common architecture, quality screening/buffering, and native vegetation,
whenever feasible.
1.7 SHORT TiTlE
This Ordinance shall be known and cited as the "Bucks Run Planned Unit
Development Ordinance".
5
Agenda Item No. 17E
July 26, 2005
Page 127 of 154
SEcnON II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project
plan of development, relationships to applicable County ordinances, the
respective land uses of the tracts included in the project, as well as other project
relationships.
2.2 GENERAL
A. Regulations for development of the Bucks Run PUD shall be in
accordance with the contents of this document, PUD - Planned Unit
Development District and other applicable sections and parts of the Collier
County Land Development Code and Growth Management Plan in effect
at the time of issuance of any development order to which said regulations
relate which authorizes the construction of improvements, such as but not
limited to Final Subdivision Plat, Final Site Development Plan, Excavation
Permit and Preliminary Work Authorization. Where these regulations fail
to provide developmental standards, then the provisions of the most
similar district in the Land Development Code shalt apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in the Collier County Land Development Code in
effect at the time of building permit application.
C. All conditions imposed and graphic material presented depicting
restrictions for the development of the Bucks Run PUD shall become part
of the regulations, which govem the manner in which the PUD site may be
developed.
D. All applicable regulations, unless speciflC8l1y waived through a variance or
separate provision provided for in this PUD Document, shall remain in full
force and effect.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15 Adequate Public
Facilities of the Collier County Land Development Code at the earfiest, or
next, to occur of either Final Site Development Plan approval, Final Plat
approval, or building permit Issuance applicable to this development.
6
.._.___.L. .~.,__,.,.,
Agenda Item No. 17E
July 26, 2005
Page 128 of 154
2.3 DESCRIPTION OF PROJECT DENSITY
The 'West Tract" of 15.00 acres is limited to a maximum of 60 dwelling units.
Once a church, child care facility, or a school is developed on the "West Tract",
residential development on the "West Tract" shall be reduced from 60 units to a
maximum of 2 residential units. These 2 residential units shall be further limited
to parsonages and/or care taker's residences. that are accessory to the church
and/or school uses. The "East Tract" of 24.06 acres is limited to a maximum of
288 dwelling units, via an accompanying Affordable Housing Density Bonus
Agreement. Up to 200 of these dwelling units on the "East Tract" can be
developed at this time in Phase I but building permits for the remaining units
cannot be pulled until Phase "commences. Phase II commences at the eariier
of January 1, 2005, or when the funding for the construction of C.R. 951,
between Immokalee Road and Golden Gate Boulevard. has been approved by
the Board of County Commissioners. If the entire project of 39.06 acres is
developed for residential uses, the dwelling units shalf be limited to a maximum
of 348 units with a maximum gross residential density of 8.87 units per acre.
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. The general configuration of the land uses are illustrated graphically on
Exhibit "A", PUD Master Plan, which constitutes the required PUD
Development Plan. Any division of the property and the development of
the land shall be in compliance with the PUD Master Plan, Division 3.2
Subdivisions of the Land Development Code, and the platting laws of the
State of Florida.
B. The provisions of Division 3.3, Site Development Plans of the land
Development Code, when applicable, shall apply to the development of all
platted tracts, or parcels of land as provided in said Division 3.3 prior to
the issuance of a building pennit or other development order.
C. Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications to Collier County and the
methodology for providing perpetual maintenance of common facilities.
2.5 MODEL UNITS AND SALES FACILITIES
A. In conjunction with the promotion of the development, residential units
may be designated as models. Such model units shall be govemed by
Section 2.6.33.4 of the Collier County land Development Code.
7
Agenda Item No. 17E
July 26, 2005
Page 129 of 154
B. Temporary sales trailers and construction trailers can be placed on the
site after Site Development Plan approval and prior to the recording of
Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of
the Land Development Code.
2.6 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and its stock-piling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted.
Off-site disposal is also hereby permitted subject to the following conditions.
A. Excavation activities shall comply with the definition of a MDevelopment
Excavation" pursuant to Sedion 3.5.5.1.3 of the Land Development Code,
whereby off-site removal shall be limited to 10% of the total volume
excavated but not to exceed 20,000 cubic yards.
B. All other provisions of Division 3.5 Excavation of the Land Development
Code shall apply.
8
Agenda Item No. 17E
July 26, 2005
Page 130 of 154
SECTION III
RESIDENTIAL AREAS PLAN
3.1 PURPOSE
The purpose of this Sedion is to identify specific development standards for the
Residential Areas as shown on Exhibit "A", ?UD Master Plan.
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units within the Residential Areas
of the PUD shall be 348 units. Once a church, child care facility, or a school is
developed on the 'West Tract", residential development on the 'West Tract"
shall be reduced from 60 units to a maximum of 2 residential units. These 2
residential units shalf be further limited to parsonages and/or care taker's
residences, that are accessory to the church and/or school uses. The "East
Trad" of 24.06 acres is limited to a maximum of 288 dwelling units, via an
accompanying Affordable Housing Density Bonus Agreement. Up to 200 of
these dwelling units on the "East Tract" can be developed at this time in Phase I
but building permits for the remaining units cannot be pulled until Phase II
commences. Phase II commences at the earlier of January 1, 2005, or when the
funding for the construdion of C.R. 951, between Immokalee Road and Golden
Gate Boulevard, has been approved by the Board of County Commissioners.
3.3 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted PrinciDal Uses and Structures:
1. Single-family dwellings (includes zero-Jot line).
2. Two-family dwellings and duplexes.
3. Multi-family dwellings (includes townhouses, garden apartments,
villas, coach homes, and carriage homes).
4. Churches and houses of worship ("West Tract" only).
5. Schools, private and public ("West Tract" only and not before
November 27, 2005).
9
Agenda Item No. 17E
July 26, 2005
Page 131 of 154
6. Child care centers ("West Tract" only).
7. Any other use deemed comparable in nature by the Development
Services Director.
B. Permitted Accessorv Uses and Structures:
1. Customary accessory uses and structures including carports,
garages, and utility buildings.
2. Recreational uses and facilities including swimming pools, tennis
courts. volleyball courts, children's playground areas, tot lots, boat
docks, walking paths, picnic areas, recreation buildings, verandahs,
and basketball/shuffle board courts.
3. Manager's residences and offices, temporary sales trailers, and
model units.
4. In conjunction with a church and/or school only, a bookstore,
recording studio, printing shop, counseling center, church bus/van
parking, parsonage and caretaker's residence (all such uses shall
be related to and incidental to the church and/or school).
5. Gatehouse.
6. Essential services, including interim and permanent utility and
maintenance facilities.
7. Water management facilities, inctuding such facilities within any
Native Habitat Preserve Areas.
8. Recreational facilities, such as boardwalks, walking paths and
picnic areas. within any Natural Habitat Preserve Areas. after the
appropriate environmental review.
9. Supplemental landscape planting within Natural Habitat Preserve
Areas, after the appropriate environmental review.
10. Any other accessory use deemed comparable by the Development
Services Director.
11. Carports are permitted within parking areas.
12. Garages are permitted at the edge of vehicular pavement.
10
Agenda Item No. 17E
July 26, 2005
Page 132 of 154
3.4 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the
Bucks Run PUD. Front yard setbacks in Table I shall be measured as
follows:
1. If the parcel is served by a public or private right-of-way, the
setback is measured from the adjacent right-of-way line.
2. If the parcel is served by a non-platted private drive, the setback is
measured from the back of curb or edge of pavement. If the parcel
is served by a platted private drive, the setback is measured from
the road easement or property line.
11
Agenda Item No. 17E
July 26, 2005
Page 133 of 154
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
STANDARDS SINGLE-FAMIL Y TWO-FAMIL Y MUL TI-FAMIL Y (4), CHURCHES.
CHILD CARES AND SCHOOLS
Minimum Lot Area leer unit) 5,000 Sq. Ft. S,Ooo Sq. Ft. NA
Minimum Lot Width 50' Interior Lots (1) 90' Interior Lots (1) NA
(4S')(2)
60' Comer Lots 110' Comer Lots NA
(55')(2)
Front Yard setback 20' 20' 20'
Side Yard Setback
1 Story 0' & 12' or both 6' O' & 12' or both 6' Greater of 7$ or 1/2 BH
2 Story 0' & 15' or both 7.5' 0' & 15' or both 7.5' Greater of 10' or 1/2 BH
3 Story NA NA Greater of 12.5' or 1/2 BH
Rear Yard setback
Principal Strudure 20' 20' 20'
Accessory Strudure 10' 10' 10'
PUD Boundary Setback
Principal Structure NA NA Greater of 20' or BH
Accessory Strudure NA NA 10'
Lake Setback (3) 20' 20' 20'
Wetland Preserve Area Setback 25' 25' 25'
Distance Between Structures
Main/Principal
1-Story 12' 12' Greater of 15' or 1/2 SBH
2-Story 15' 15' Greater of 20' or 1/2 SBH
3-Story NA NA Greater of 25' or 1/2 SBH
Accessory Structures 10' 10' 10'
Maximum Heiaht:
Principal Building 35' and 2 stories 35' and 2 stories 40' and 3 stories except
48' and 3 stories for churches
Accessory Building 20'/Clubhouse 35' 20'/Clubhouse 35' 20'/Clubhouse 35'
Minimum Floor Area 1200 Sq. Ft. 1100 Sq. Ft. 1 bedroom = 600 Sq. Ft.
2 Bedroom = 800 Sq. Ft.
3 Bedroom = 1000 Sq. Ft.
(1) May be reduced on cul-de-sac lots.
(2) Minimum lot frontage In parenthesis applies in cases where a dwelling unit in a 2-family
structure is on an individually platted lot.
(3) Lake setbacks are measured from the control elevation established for the lake.
(4) All multi-family structures shall be setback 100 feet from the eastern PUD property line.
Note: "BH" refers to building height and "SBH" refers to sum of the building heights.
12
Agenda Item No. 17E
July 26, 2005
Page 134 of 154
B. Off-Street Parkino and Loadino Reauirements:
Subject to the requirements of Division 2.3 of the Collier County Land
Development Code.
C. LandscaDina and Bufferinc Reauirements:
1. If landscape buffers are detennined to be necessary adjacent to
wetland preserve areas, they shall be separate from those preserve
areas.
2. Where two separate two-family or multi-family projects within the PUD
abut each other, buffering and screening between them shall not be
necessary, due to the unified architectural theme throughout the
residential portion of the PUD, as described within Section 3.4E. of this
PUD Document. Where a single-family or two-family project within the
PUD abuts a multi-family project within the PUD, a ten (10) foot buffer
shall be provided between them on the first project constructed, with
trees provided at twenty-five (25) feet on center and a single hedge
also provided within such buffer. Such trees and shrubs shall meet the
standards for plantings, as described within Section 2.4.4, Plant
Material Standards and Installation Standards, of the Land
Development Code.
3. A minimum eighty (80) foot wide buffer shall be provided along the
eastern portion of the PUD. Additional landscaping shall be provided
within the most eastern area of this buffer so the minimum planting
requirements of a Buffer Alternative "D" are met.
D. Sicns
Signs shall be permitted as described in Section 2.5 of the Collier County
Land Development Code.
E. Architectural Standards
1. All multi-family residential buildings and residential lighting, signage,
landscaping and visible architectural infrastructure shall be
architecturally and aesthetically unified. Said unified architectural
theme shall indude: a similar architectural design and use of similar
materials and colors throughout all of the residential buildings, signs,
and fenceslwalls to be erected on all of the Residential Areas parcels.
Landscaping and streetscape materials shall also be similar in design
throughout the Residential Areas. Within any residential project all
roofs, except for carports, shall be peaked and finished in tile, metal,
13
Agenda Item No. 17E
July 26, 2005
Page 135 of 154
or architecturaUy-designed shingles (such as Timber1ine). Additionally,
all multi-family residential structures developed as an Affordable
Housing Density Bonus project shall be designed on the exterior to
look similar to the building elevation drawings depicted on Exhibit "C".
2. All pole lighting,' within the Residential Areas, shall be architecturally
designed, limited to a height of thirty (30) feet except for church, child
care, and school lighting which is limited to a height of forty (40) feet.
14
Agenda Item No. 17E
July 26, 2005
Page 136 of 154
SECTION IV
PRESERVE AREAS PLAN
4.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
Preserve Areas as shown on Exhibit wA", PUD Master Plan.
4.2 PERMITTED USES
No building, strudure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Princioal Uses and Structures:
1. Passive recreational areas.
2. Biking, hiking, and nature trails, and boardwalks.
3. Water management structures.
4. Native preserves and wildlife sanctuaries.
5. Supplemental landscape planting, screening and buffering within
the Natural Habitat Preserve Areas, may be approved after
Planning Services Environmental Staff review. All supplemental
plantings within the Preserve Areas shall be 100% indigenous
native species and shall meet the minimum planting criteria set
forth in Section 3.9.5.4.4 of the Land Development Code.
6. Anyother use deemed comparable in nature by the Development
Services Director.
15
Agenda Item No. 17E
July 26,2005
Page 137 of 154
SECTION V
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the commitments for the development
of this project.
5.2 GENERAL
All facilities shall be constructed in strict accordance with Final Site Development
Plans, Final Subdivision Plans and all applicable State and local laws, codes,
and regulations applicable to this PUD, in effect at the time of Final Plat, Final
Site Development Plan approval or building permit application as the case may
be. Except where specifically noted or stated otherwise, the standards and
specifications of the official County Land Development Code shall apply to this
project even if the land within the PUD is not to be platted. The developer, his
successor and assigns, shall be responsible for the commitments outlined in this
document.
The developer. his successor or assignee, shall follow the PUD Master Plan and
the regulations of this PUD as adopted and any other conditions or modifications
as may be agreed to in the rezoning of the property. In addition, any successor
in title or assignee is subjed to the commitments within this Agreement.
5.3 PUD MASTER PLAN
A. Exhibit "A", PUD Master Plan Hlustrates the proposed development and is
conceptual in nature. Proposed area, lot or land use boundaries or
special land use boundaries shall not be construed to be final and may be
varied at any subsequent approval phase such as Final Platting or Site
Development Plan approval. Subjed to the provisions of Sedion 2.7.3.5
of the Comer County Land Development Code, amendments may be
made from time to time.
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.
16
1-
Agenda Item No. 17E
July 26, 2005
Page 138 of 154
5.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT
A Site Development Plan shall be submitted per County regulations in effect at
time of site plan submittal. The project is projected to be completed in several
phases. Building permits for the school cannot be pulled until November 27,
2005. .
A. The landowners shall proceed and be governed according to the time
limits pursuant to Section 2.7.3.4 of the Land Development Code.
B. Monitorinc Reoort: An annual monitoring report shall be submitted
pursuant to Section 2.7.3.6 of the Collier County Land Development
Code.
5.5 ENGINEERING
A. This projed shall be required to meet all County Ordinances in effect at
the time final construction documents are submitted for development
approval. .
B. Design and construction of all improvements shall be subjed to
compliance with appropriate provisions of the Collier County Land
Development Code, Division 3.2. Subdivisions.
5.6 WATER MANAGEMENT
A. A copy of the South Florida Water Management District (SFWMD)
Surface Water Permit Application shall be sent to Collier County
Development Services prior to the Site DeVelopment Plan approval.
B. A copy of the SFWMD Surface Water Permit, SFWMD Right-of-Way
Permit, and SFWMD Discharge Permit shall be submitted prior to Final
Site Development Plan Approval.
C. An Excavation Pennit will be required for the proposed lake(s) in
accordance with Division 3.5 of the Collier County Land Devetopment
Code and SFWMD rules.
D. Lake setbacks from the perimeter of the PUD may be reduced to twenty-
fIVe (25) feet where a six (6) foot high fence or suitable substantial barrier
is erected.
E. The proposed perimeter berm and/or swale should not be continuous
through the wetland Preserve Areas.
17
Agenda Item No. 17E
July 26, 2005
Page 139 of 154
F. The project should provide for a north-south flow-way through the
Preserve Area.
5.7 UTILITIES
A. Water distribution, sewage collection and transmission and interim water
and/or sewage treatment facilities to serve the project are to be designed,
construded, conveyed, owned and maintained in accordance with Collier
County Ordinance No. 88-76, as amended, and other applicable County
rules and regulations.
5.8 TRAFFIC
A. The applicant shall be responsible for the installation of arterial level street
lighting at any project entrance onto C.R. 951, prior to the issuance of any
Certificates of Occupancy or Compliance.
B. Orainage shall not be permitted to discharge directly into any roadway
drainage system but may discharge into the 951 Canal with necessary
permits.
C. If the developer constructs a Con Span bridge across the canal in order to
gain direct access onto C.R. 951 then turn lanes, both northbound and
southbound, shall be construded by the developer prior to any
development or construction traffic utilizing this bridge onto C.R. 951.
However, if the 4-laning of C.R. 951 has commenced prior to any
construction traffic utilizing this bridge, the tum lanes may be delayed
during construction of the subject project but shall be in place prior to any
Certificates of Occupancy being issued for any permanent buildings.
Such tum lanes shall be designed to provide capacity for the ultimate
project traffic.
D. Road Impact Fees shall be paid in accordance wnh Ordinance 2001-13,
as amended, and shall be paid at the time building permits are issued,
except for Affordable Housing Density Bonus units, unless otherwise
approved by the Board of County Commissioners.
5.9 PLANNING
A. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during
the course of site clearing, excavation or other construction activity 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 Oepartment contacted.
18
Agenda Item No. 17E
July 26. 2005
Page 140 of 154
5.10 ENVIRONMENTAL
A. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules and be subject to review and
approval by the Current Planning Environmental Review Staff. Removal
of exotic vegetation shall not be counted towards mitigation for impacts to
Collier County jurisdictional wetlands.
B. All conservation areas shall be designated as conservation/preservation
tracts or easements on all construction plans and shall be recorded on the
plat with protective covenants per or similar to Section 704.06 of the
Florida Statutes. Buffers shall be provided in accordance with Section
3.2.8.4.7.3 of the Collier County Land Development Code.
In the event the project does not require platting, all conservation areas
shall be recorded as conservation/preservation trads or easements
dedicated to an approved entity or to Collier County with no responsibility
for maintenance and subjed to the uses and limitations similar to or as
per Section 704.06 of the Florida Statutes.
C. Buffers shall be provided around any wetlands, extending at least fifteen
(15) feet landward from the edge of wetland preserves in aU places and
averaging twenty-fIVe (25) feet from the landward edge of wetlands.
Where natural buffers are not possible, structural buffers shall be provided
in accordance with the State of Florida Environmental Resources Permit
Rules and be subject to review and approval by the Current Planning
Environmental Staff.
D. An exotic vegetation removal, monitoring, and maintenance (exotic-free)
plan for the site, with emphasis on the conservation/preservation areas,
shall be submitted to Current Planning Environmental Staff for review and
approval prior to Final Site Development Plan/Construction Plan approval.
E. The perimeter berm as located on the PUD Master Plan. shall be entirely
outside of all upland and wetland preserve areas.
G. A minimum of 9.75 acres of native vegetation shall be preserved on-site,
incfuding all 3 strata, and emphasizing the largest contiguous area
possible. The PUD Master Plan identifies 5.00 acres. The remaining
acreage (a minimum additional 4.75 acres) shall be identified on the site
plan, at the time of the next development order submittal. If mitigation
ptantings will be used to make up any of the acreage, the landscape plans
with mitigation-sized plantings (in accordance with Section 3.9.5.5.3 of the
Collier County Land Development Code) shall also be submitted at that
time.
19
Agenda Item No. 17E
July 26, 2005
Page 141 of 154
5.11 FIRE REVIEW
A. No infrastructure shall be installed until proper permits are applied for and
obtained.
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Agenda Item No. 17E
July 26, 2005
Page 145 of 154
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:
ORDINANCE 2001-67
Which was adopted by the Board of County Commissioners
on the 27th day of November, 2001, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 3rd
day of December, 2001.
, ".)~':i?:,~:~~:iJ "'<~~::,
DWIGHT E. BROCK .::: ,$'''' ...
Clerk of Courts and. cnerk . " '~
Ex-officio to Boaia. of1, '.,' '0"':,
County commissionefsj. ,'--.. ~:~~.
C..u.~" .. J"~;.~.:~~
By: Ellie Hoffman,
Deputy Clerk
Agenda Item No. 17E
July 26, 2005
Page 146 of 154
Item V.B
ENVIRONMENTAL ADVISORY COUNCIL
STAFF REPORT
MEETING OF JUNE 1. 2005
I. NAME OF PETITIONER/PROJECT:
Petition No.:
Petition Name:
Applicant/Developer:
PUDA-2004-AR-6279
Bucks Run PUD
Bucks Run Estates, ILC;Restoration
Church, Inc.;Bucks Run Developers, LLC
Q. Grady Minor and Associates
Jeremy Sterk, Hoover Planning and
Development, Inc.
Engineering Consultant:
Environmental Consultant:
II. LOCA TION:
The subject MPUD is located on the east side of Collier Boulevard approximately
700 feet north of Vanderbilt Beach Road at 14625 Collier Boulevard in Section
34, Township 48 South, Range 26 East, Collier County, Florida.
Ill. DESCRIPTION OF SURROUNDING PROPERTIES:
The subject property consists of approximately 39 acres. Its western boundary is
Collier Boulevard. It is surrounded by commercial activities to the north and
south, and is bordered on the east by the developed Vanderbilt County Club.
ZONING
DESCRIPTION
N-
Rural Agricultural (A)
A landscape nursery
s-
Mission Church. PUD
Church and private
school under construction
E-
Vanderbilt Country Club PUD
Single and multi-family
residential, golf course
w-
Mission Hills PUD
Collier Boulevard (C.R.
951) then the Mission Hills
Shopping Center, currently
under construction
~':'-
EAC Meeting
Agenda Item No. 17E
July 26, 2005
Page 147 of 154
Page 2 of9
IV. PROJECT DESCRIPTION:
The 39.06:t acre Bucks Run Preserve PUD was approved in 1999 and permitted a
maximum of 156 residential dwelling units, or a combination of dwelling units
and a church, or a school on the site. In 2001 this PUD was amended to allow 288
affordable housing units on the East Tract and retained a maximum of 60 units on
the western portion of the project. The opportunity to develop a childcare facility
was also included in the amendment. The current proposal is a rezone from
Planned Unit Development (pun) to Mixed-Use Planned Unit Development
(MPUD) known as Bucks Run MPUD, to reduce the density from the currently
allowed 348 units (288 Affordable Housing rental apartments), a church, a 360-
student private school, and an approximate 120-child day care facility to a
maximum of 156 units, a church, and an approximate 120-child day care facility
(See Conceptual MPUD Master Plan). The proposal includes:
1. Open space that includes water management areas, upland and wetland preserves,
landscaping and buffering totaling more than the minimum of 30 % required by
code, with 53.06 percent open space for the Mixed-Use PUD.
2. Access point to the project will be provided from Collier Boulevard.
v. GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element:
The subject property is located within the Urban Designation, Urban-Mixed-Use
District, Urban Residential Subdistrict, on the Future Land Use Map (FLUM) of
the Growth Management Plan (GMP).
The approval history of the Bucks Run Planned Unit Development provides a
background for the requested PUD rezone. As originally approved (Ordinance
#99-79, November 23, 1999), the Bucks Run PUD consisted of 156 multi-family
units for the entire PUD, with allowance for a church or school to be built upon a
portion of the project. As in the current request, for every acre of the project
developed with non-residential uses, 4 residential units were to be subtracted from
the 156-unit maximum.
On November 27, 2001, the PUD was amended (Ordinance #01-67). The
amendment approved the development of 288 affordable multi-family units on the
East Tract, but retained a maximum of 60 units on the western portion of the
project. As before, a church or school could be built on the western half of the
EAC Meeting
Agenda Item No. 17E
July 26, 2005
Page 148 of 154
Page 3 of9
PUD, with the provision that the development of such facilities would cause the
subtraction of 4 units per acre of nonresidential development from the maximum
of 60 units that could otherwise be developed on the western half of the project.
However, the 2001 amendment approved the potential development ofa stand-
alone childcare center within the western portion of the project.
Subsequent to approval of Ordinance #01-67, neighboring residents filed a lawsuit
against Collier County over approval of the PUD Amendment. The filing of the
lawsuit has acted to prevent the petitioners from developing the PUD as
previously anticipated. Therefore, the developers are now petitioning to return to
the original approvals, except that the development of a school is no longer
anticipated. Additionally, the western half of the project has been divided into
two tracts (NW Tract and SW Tract) to reflect the acquisition of these parcels by
the Restoration Church, Incorporated, in June of 2001 (NW Tract) and February
of 2002 (SW Tract), respectively. Note that the East Tract (owned by the original
developer) would be allowed to construct a maximum of 96 units, if the PUD
amendment is approved. However, on the western tracts, the church could
develop a maximum of 60 units, unless a church and/or daycare facility is built, in
which case 4 residential units would be lost for every 1 acre of nonresidential uses
constructed.
Staff notes that the requested land uses (MF, church, daycare facility) have been
previously determined (in 1999 and 2001) to be consistent with the provisions of
the Urban-Mixed Use District and Urban Residential Subdistrict of the FLUE.
This status has not changed in the intervening time period.
Based upon the above analysis, staff concludes that the proposed PUD Document
and Master Plan may be deemed consistent with the Future Land Use Element.
Conservation & Coastal Mana!!ement Element:
Objective 2.2. of the Conservation and Coastal Management Element of the
Growth Management Plan states "All canals, rivers, and flow ways discharging
into estuaries shall meet all applicable federal, state, or local water quality
standards".
To accomplish that, policy 2.2.2 states "In order to limit the specific and
cumulative impacts of stormwater runoff, stormwater systems should be designed
in such a way that discharged water does not degrade receiving waters and an
attempt is made to enhance the timing, quantity, and quality of fresh water
(discharge) to the estuarine system".
EAC Meeting
Agenda Item No. 17E
July 26, 2005
Page 149 of 154
Page 4 of9
This project is consistent with the objectives of policy 2.2.2 in that it attempts to
mimic or enhance the quality and quantity of water leaving the site by utilizing
lakes and interconnected wetlands to provide water quality retention and peak
flow attenuation during storm events.
The project as proposed is consistent with the Policies in Objective 6.1 and 6.2 of
the Conservation & Coastal Management Element, for the following reasons:
Twenty-five percent (25 %) of the existing native vegetation is required to be
retained on-site and set aside as preserve areas with conservation easements
prohibiting further development. Selection of preservation areas, are consistent
with the criteria listed in Policy 6.1.1.
Habitat management and exotic vegetation removal/maintenance plans are
required at the time of Site Development Plan/Construction Plan submittal.
Preserve areas shall be required to be maintained free of Category I invasive
exotic plants, as defined by the Florida Exotic Pest Plant Council.
Littoral shelf planting areas within wet detention ponds shall be required at the
time of Site Development Plan/Construction Plan submittal, and will be required
to meet the minimum planting area requirement in Policy 6.1.7.
The requirement for an Environmental Impact Statement (ElS) pursuant to Policy
6.1.8 has been satisfied.
Jurisdictional wetlands have been identified as required in Policies 6.2.1 and
6.2.2. Pursuant to Policy 6.2.4, the County shall require appropriate agency
permits prior to the issuance of a final local development order permitting site
improvements (Site Development Plan). As stated in Policies 6.2.3 and 6.2.4,
where permits issued by jurisdictional agencies allow for impacts to wetlands
within the Urban Designated Area and require mitigation for such impacts, this
shall be deemed to meet the objective of protection and conservation of wetlands
and the natural functions of wetlands within this area.
In accordance with Policy 6.2.6, required preservation areas are identified on the
PUD master plan. Allowable uses within the preserve areas are included in the
PUD document. Uses within preserve areas shall not include any activity
detrimental to drainage, flood control, water conservation, erosion control, or fish
and wildlife conservation and preservation.
A wildlife survey for listed species in accordance with Policy 7.1.2 is included in
the Environmental hnpact Statement (EIS). Wildlife habitat management plans for
EAC Meeting
Agenda Item No. 17E
July 26, 2005
Page 150 of 154
Page 50f9
listed species are required at the time of Site Development Plan/Construction Plan
submittal.
VI. MAJOR ISSUES:
Stormwater Mana!!ement:
The west side of Bucks Run PUD is within the 951 Canal North Drainage Basin.
The east side is within the Cypress Canal Drainage Basin. Both drainage basins
have allowable discharge rates of 0.015 cfs/acre. The proposed project outfall is
the 951 canal (roadside ditch), which abuts the western property line. Both ends
of the project appear to have historically drained toward the middle and then
south, but drainage patterns have been substantially altered in this area
The project employs a standard system design of interconnected lakes and
wetlands that provide water quality retention and peak flow attenuation of storm
runoff prior to discharge into the canal. The site will have the standard perimeter
berm set to the 25 year-3 day peak flood elevation.
The project will be permitted by the South Florida Water Management District
through the Environmental Resource Permit process.
Environmental:
Site DescriDtion:
The 39.06 acre site is surrounded by residential, commercial development, and
agricultural uses. The site is dominantly pine flatwoods and about 5 acres of
cypress wetlands. All the vegetative communities on the site are impacted to
varying degrees with invasive exotic vegetation.
The pine flatwoods consists of slash pine with scattered cypress in the canopy.
Other vegetation includes melaleuca, wax myrtle, Brazilian pepper, grapevine,
myrsine, poison ivy cabbage palm, dahoon holly, smilax, buttonbush, love vine,
and Caesar weed.
Canopy vegetation of the wetland is dominated by cypress with scattered slash
pine, cabbage palm, and dahoon holly. Other vegetation present includes swamp
fern, saw grass, wax myrtle, melaleuca and Brazilian pepper.
According to the Collier County Soils Map, the following soil types are found on
the property: Holopaw fine sand, limestone substratum (Soil Map Unit 2, hydric);
and Oldsmar finesand, limestone substratum (Soil Map Unit 10)
EAC Meeting
Agenda Item No. 17E
July 26, 2005
Page 151 of 154
.
.
Page 60f9
Average natural ground height on the parcel is approximately 12.6' NGVD. Wet
season high water levels are approximately equal to natural ground height. Water
does not stand on the property long enough to leave biological indicators. Lichen
lines are at ground level. Based on biological indicators such as buttressing on
old cypress trees, historical high water levels were approximately 12" above
average natural ground height or approximately 13.6' NGVD. The project control
elevation has been set by the SFWMD at 11.80' NGVD. This was based on soil
borings, lack of biological indicators, and adjacent permitted projects.
Wetlands:
There are 5.12 acres of SFWMD jurisdictional wetlands onsite. The SFWlvID
wetland lines were approved by the SFWMD during site visits on July 10,
1999 and by ACOE on July 14, 1999. The construction of the project will
result in direct wetland impacts to .17 acres of the on-site wetlands. The
mitigation plan involves the enhancement and preservation of the remaining
onsite wetlands and enhancement and preservation of 1.94 acres of upland
buffer. Wetland and upland enhancement will include the removal of exotic
and nuisance vegetation. In addition, .75 credits were purchased from the
Panther Island Mitigation Bank
Preservation Reauirements:
The project will meet the requirements of Section 3.05.07 of the Land
Development Code and Goal 6 of the Conservation & Coastal Management
Element (CCME) regarding retaining and preserving 25% of the native vegetation
on-site, including both the understory and the groundcover emphasizing the
largest contiguous areas possible. Twenty five percent (25%) of the onsite native
vegetation (39.06 acres) is 9.77 acres.
The PUD master plan shows the proposed location of approximately 99% (9.72
acres) of the required preserve. The remaining 0.05 acres of preserve will be
identified and preserved adjacent to the 9.72 acres with the next development
order petition.
Listed Species:
A listed species surveys have been conducted on the property on March 14, 17-
19,2003; February 20 2004; and March 5, 2004 by Hoover Planning and
Development, Inc. No listed species have been observed on the site. A current
"",
EAC Meeting
Agenda Item No. 17E
July 26, 2005
Page 152 of 154
Page 7 of9
listed species survey will be required with the next development order
submittal.
VII. RECOMMENDATIONS:
Staff recommends approval of Bucks Run PUDA with the following stipulations:
Stormwater Mana2ement:
1. The project must obtain an Environmental Resource Permit from the South
Florida Water Management District prior to Site Development Plan or
Construction Plan and Plat approval.
Environmental:
1. The PUD master plan shows the proposed location of approximately 99%
(9.72 acres) of the required preserve. The remaining 0.05 acres of preserve
will be identified and preserved contiguous to the 9.72 acres with the next
development order petition submittal.
EAC Meeting
Agenda Item No. 17E
July 26, 2005
Page 153 of 154
Page 80f9
PREPARED BY:
STAN CHRZANOWS ,P.E.
ENGINEERING REVIEW MANAGER
S*/slos-
DATE
~~~
L.
CRISTINA SANCHEZ
ENVlRONMENT AL SPECIALIST
6/5/05
DATE
~J4
MIKE DERUNTZ
PRINCIPAL PLANNER
5'-~-a)
DATE
EAC Meeting
Agenda Item No. 17E
July 26, 2005
Page 154 of 154
Page 90f9
REVIEWED BY:
!3tvixvc'- ,j IJ~
BARBARA S. Bl.JR'GESON
PRINCIPAL ENVffi.ONMENT AL SPECIALIST
ENVIRONMENTAL SERVICES DEPARTMENT
5'- /(J-OS-
DATE
~~.~
LIAM D. LO NZ, Jr., P.E., DIRECTOR
ENVIRONMENTAL SERVICES DEPARTMENT
.....0- ~
0:) --UZ-J -OJ
DATE
~/!JJ.. -1tP. <; /'olos
SUS MURRAY, CP,DIRECTOR ~
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
APPROVED BY:
J SEPH K. SCHMITT
OMMUNITY DEVELOPMENT
i\DMINISTRATOR
~~.s-
DAT
ENVIRONMENTAL SERVICES
&
Agenda Item No. 17F
July 26, 2005
Page 1 of 6
,-
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution revising the Collier County Water-Sewer District
Utilities Standards Manual
OBJECTIVE: To obtain the Board of County Commissioners (BCC) approval to adopt a
Resolution revising the Collier CO\D1ty Water-Sewer District (CCWSD) Utilities Standards
Manual (SM). The public purpose is to provide for a technically viable and current SM, promote
ease of operation and maintenance of utilities infrastructure, protect the public's health, safety
and welfare, and incorporate the input of the development community in the engineering of
utilities infrastructure and standards within the County.
CONSIDERATIONS: The Utilities Standards and Procedures Ordinance outlines County
procedures and guidelines for the design and construction of both County-constructed and
privately constructed utilities systems in the CCWSD. The SM, which derives from the
Ordinance, provides engineering details.
The Utilities Standards and Procedures Ordinance, Ordinance No. 88-76, was originally adopted
in 1988; two amendments followed in 1989. Ordinance No. 97-17 adopted on Apr. 22, 1997
updated the Utilities Standards and Procedures and included the technical detail drawings and
specifications. There were additional amendments in 1998 and 2000.
-
On October 23, 2001, Ordinance No. 2001-57 was adopted, which made changes to the
Technical Standards Manual; the approval process required the Public Utilities Division
Administrator and Development Services Advisory Committee (DSAC) Utilities Code
Subcommittee to approve changes to the Technical Standards Manual.
On May 11, 2004, the BCC adopted the latest Utilities Standards and Procedures Ordinance,
Ordinance No. 2004-31 (Ordinance), as well as the first edition of the SM. The Ordinance
requires that any future changes to the SM be approved by means ofBCC Resolution.
The Utilities Code Subcommittee (Subcommittee) of the Development Services and Advisory
Committee (DSAC) and key members of the Public Utilities Division, the Community
Development and Environmental Services Division, and the County Attorney's Office performed
reviews of the SM revisions. The Subcommittee held monthly meetings to discuss and review
proposed changes to the Ordinance and SM.
In January, 2005, a utilities engineering consulting finn, Greeley & Hansen LLC (GH), was
retained by County Staff to facilitate updates and help provide resolution during Subcommittee
Meetings on engineering issues between County Staff and the Subcommittee.
On May 17, 2005, the Subcommittee voted to not revise the Utilities Standards and Procedures
Ordinance.
,--
On June 21, 2005, the Subcommittee voted to approve the 2005 SM. On July 14, 2005, the
DSAC approved the 2005 SM.
Agenda Item No. 17F
July 26, 2005
Executive Summary Page 2 of 6
Adopt the Utilities Standards and Procedures Ordinance and the Utilities Standards Manual
The County Clerk's Finance and Accounting Division has reviewed the information contained in
this Executive Summary and the corresponding attachments.
FISCAL IMP ACT: Legal advertising costs associated with the Ordinance and Standards
Manual will not exceed $580, and will be distributed equally between Fund 412, Project 70202
and Fund 414, Project 70202.
GROWTH MANAGEMENT IMP ACT: This project is consistent with the 2003 Water and
Wastewater Master Plan Updates adopted by the BCC on May 25, 2004 as Agenda Items 1O(D)
and 10(e), respectively.
RECOMMENDATION: That the Board of County Commissioners adopt a Resolution revising
the CCWSD Utilities Standards Manual.
PREPARED BY: Paul Kwa, P.E., Project Manager, Public Utilities Engineering Department
~-
,-
Aytinda Ilvrn No. 17F
July 26. 2005
Fegft 3 of G
COLLIER COUNTY
BOARD OF COUNTY CONMI,(\aIONERIl
MHtlng Dat.
l'rf-'
R.o::orntlltllldatlon to adl)pf' R..olution revi~n~ 1t1. Coli., County W.1e{-Stiwlr Di.tl'icl
UtMln S\andard. Manu;ai
7!2tJrlOOj) ~1:00:0t.l AM
Item Number
ltllm Summary
Prep....d By D...
P.ulKwit PloJect "I\o1~r 1'1IrtOOfi ':3"':12 AM
PllbllcUtllitll:!s Public UtillU.. !nllllMtiln"
Approved By
RoyB, AnUflIILUll, ",E PUblH; Utlllo.. fnlliIUl.rtrr'iJ OltfctUf Dine
Public:: UlillUell Public Utl/itlln E!ttal"fI~rl"fI 7/1Jl0DII:nAM
Approud By
PlluIM.lltIlU.ch WI'I.rDIl.e1or "'..
Public UIIIl!lell Wider mft005 :1:.2 PM
Approved By
Pot1lrtu E. Gr,lQl.rtQ"., ".e. I3r.P'fuJltdM,,1t6Uef Dot,
P!JbIIc UtUltles. Pl,lblll: Utlllliu l!ngm..ring 711I21101 '~12 AM
Approved By
IlllllyltC.mell Purch....inr.ltCHJt1fl'...1 &ye. 011.("11)' Dot.
Adm",IJlfatlltl' alfvit:cs Pmd'l.lIlttr11 7!1ltOOll:"A.M
Appnrnd By
nJOINllfWid4li; Opt!t'.tton" Dfr.dol O~,
PubUe Utilltinl Publlr. UUllflflll Opcutlon.. rI12/l00G.:18AM
A pptDv.d By
G. GIIIHQII V"llmu GolidW.st.Di,tlCIOf 0...
PIJblIcUtllllt~' Snlld Wnltl' 1111:12001 11:WAM
Appruved By
Jan"I' W, DnLrmv Public Utllltle. A,hulnilJtrl\ol "'..
Itllblk.: lltllilleJl Pub!h: Utlhtl<<lll AdmlnllU4IUtJIl 7J12!2001N7PM
Approve d By
OMR CoordlNllt'l'r Adtnlnl,lr.1Iiy.,A.-wtI".nt 0,,,
CDunt)' MII"_O""S Office Oftieot nl lIt.,n.;mnllnl & Bl.l<<lget l'/l1/lIOOIi11:lIiAM
Approved By
Sunil Ushel hnlor Milft'GllftIlrdlBudgcl An..lyel 0...
Cgt,nty Ml.M9lt"" attlCll Office ~ "'Ifl'n~.,nt & Bud(Jtll 1IUt20DlI:D4 PM
Appnrved By
JaIJle/l. V, Mudd COUlrt~ M'lnlgrlf Oa'l
BDard of CQunty C(ll.lI~)I' Ml.1l1tQfl". om.:. JI14(2006 ~;I:J PM
Cornrnluionfln
Agenda Item No. 17F
July 26. 2005
Page 4 of 6
RESOLUTION NO. 2005 -_
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING THE COLLIER COUNTY W A TER-SEWER
DISTRlCI"S UTILITY STANDARDS MANUAL, WIDCH IS AN INTEGRAL PART OF
COLLIER COUNTY ORDINANCE NO. 2004-31, TITLED THE COLLIER COUNTY
UTILITIES STANDARDS AND PROCEDURES ORDINANCE; PROVIDING A
DELAYED EFFECI'lVE DATE.
WHEREAS, in 2004 the Board of County Commissioners (Board) adopted Collier
County Ordinance No. 2004.31, titled the Collier County Utilities Standards and Procedures
Ordinance, and
WHEREAS. The "Collier County Water-Sewer District Utilities Standards Manual,"
(Manual) was adopted by the Board concurrently with the 2004 Utilities Standards and
Procedures Ordinance, including all of the Manual's exhibits, consisting of, and not necessarily
limited to, all technical standards, specifications, detail drawings. Utility Deviation Fonns, Water
Meter Sizing and Impact Fee Form, Final Waiver of Liens, and Utilities Conveyance Documents
Checklists for potable water, non-potable irrigation water and wastewater systems; and
WHEREAS, Section Eleven of Ordinance No. 2004-31 specifies that revisions to the
Manual must be approved by Resolution of the Board of County Commissioners, and each such
Resolution must be agendized on the Board's Agenda either under Scheduled Public Hearings or
in the Summary Agenda Section; and
WHEREAS, after careful review, including inputs from the stakeholders, staff has
recommended to the Board that the Manual be updated by the recommended amendments; and
WHEREAS, the Executive Summary that accompanies this Resolution details significant
amendments now being made to the Manual; and
WHEREAS, the Board hereby accepts staff's recommendations to amend the Manual.
NOW, TIlEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
The Board of County Commissioners, after advertised public hearing, accepts staff's
recommendations. The attached amended Manual to Collier County No. 2004-31, as amended,
Collier County Utilities Standards and Procedures Ordinance. This Manual, as revised by this
Resolution, shall take effect on July 29, 200S.
This Resolution is adopted after motion, second and majority vote favoring adoption this
_ day of July 2OOS.
AITEST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
Deputy Clerk
By:
Fred W. Coyle, Chairman
Approved as to fO~d legal sufficiency:
BY:~ ~ ~
TI\omas C. almer,
Assistant County Attorney
Agenda Item No. 17F
July 26, 2005
Page 5 of 6
ATTACHMENT
The most significant changes to the SM in this go-around include:
. Adding Florida Department of Environmental Protection (FDEP) Water and Wastewater
Checklists 62-555.900(7) and 62-604.300(8)(a) requirements into the SM to assure
confonnance of SM to FDEP regulations
. Adding a Florida Department of Transportation (FOOT) utilities open cut restoration
Detail Drawing in the Detail Drawings Section of the SM
. Adding two Wastewater Lift Station Odor Control Unit Sizing Charts in the Detail
Drawings Section of the SM and updating the Odor Control specifications in the
Specifications Section of the SM
. Adding stonnwater pipe and raw water pipe minimwn distance separation criteria from
utilities lines
. Clearing up language on fittings manufacturers
. Adding certification requirement for pipe casing welders and high density polyethelyne
(HOPE) butt fusers
. Adding requirement that all pump stations conform to National Electrical Code (NEC)
requirements
. Ridding the HOPE butt-fusion testing requirement from the Specifications Section
. Adding Subaqueous Horizontal Direction Drilling (lIDD) specifications
. Adding requirement of 57 Stone between stonnwater and wastewater lines
. Adding requirement of having successful telemetry testing prior to County acceptance
. Other engineering changes such as specification of material and brand, and regulation of
core boring into manholes
. Minor edit revisions
The 2005 SM can be viewed at the County Public Utilities web site.
-
Agenda Item No. 17F
July 26, 2005
Page 6 of 6
Lend Aalu111tton
iN/A
i..,A"..
Project Name: 12005 Water and Wat8wBter Matar Plane
!VENT
o.lgn/"'rmlt
Conmuctlon
iN/A
In~on
iN/A
ProJn:t TotIIl
;
;
i
iN/A
Recommended Action: Standards Recommendation to adopt a Resolution revising the Collier
County Water-Sewer District Utilities Manual
Agenda Item No. 17G
July 26, 2005
Page 1 of 286
,..-
EXECUTIVESUNrndARY
Recommendation to approve a Resolution of the Board of County Commissioners of
Collier County Florida, adopting Collier County's Potable Water Wells Facility
Plan, dated June 2005; authorizing this Plan to be submitted to the Florida
Department of Environmental Protection; and authorizing delegation of authority
to authorized County employees.
OBJECTIVE: The public purpose is to save ratepayers approximately $2.5 million by
using a 20 year low-interest State Revolving Funds (SRF) loan versus a 20-year bond at
current market rates. Collier County is seeking loan funding in the amount of $8,700,000
for the installation of additional raw water reliability wells for the 2007 season. This
amount is based upon preliminary staff planning efforts. The Board of County
Commissioners approval of the stated recommendations will satisfy the SRF loan
planning protocols required by the FDEP and will allow for commencement of the
required SRF loan process. These actions support the County's intent to secure
maximmn eligibility for funding all anticipated raw water supply construction projects
utilizing the lowest cost funding available.
,--.
CONSIDERATIONS: The intent is to add new wells in a phased program to replace
existing wells consistent with the 2003 Update to the Water Master Plan Update, adopted
by the Board on May 24, 2004, as Agenda Item 10 D. In order to maintain production
capacity, reliability, and system flexibility, additional raw water supply wells need to be
built.
Collier County is seeking consideration for low-interest SRF Construction Loan funding
from the FDEP (Florida Department of Environmental Protection) in the amount of
$8,700,000 based upon preliminary planning efforts. The SRF funding source will be
instrumental in allowing Collier County to proceed with constructing these wells in 2006
for water availability in 2007. These funds will be used for Project No. 701582, 2005
Well Replacement Program (Tamiami Well No. 34) and Project No. 710061, 2004
NCRWTP RO Wellfield Reliability (Lower Hawthorn RO Wells 18N, 19N and 20N).
Tamiami Well No. 34 will serve as an additional reliability improvement well within the
Golden Gate Lower Tamiami Wellfield. The new well, which is currently under design,
will be tied into the existing raw water transmission piping on Wilson Blvd. near existing
Tamiami Well No. 32, and will be constructed on property at 14th Avenue NW and
Wilson Blvd. currently owned by the County.
The Lower Hawthorn RO wells will provide additional reliability for the North County
Regional Water Treatment Plant. The three new wells will be constructed in the
NCRWTP Hawthorn wellfield on property currently owned by the County along the
eastern end of Vanderbilt Beach Road Extension and will be connected to the existing
raw water transmission piping.
",-..
Agenda Item No. 17G
July 26, 2005
Page 2 of 286
Staff negotiated fees with Angie Brewer & Associates, L.C. to obtain their assistance to
acquire SRF Loans for the subject projects. A companion executive swnmary on this
date will recommend Board of County Commissioners approval to issue purchase orders
to Angie Brewer & Associates, L.C. for their assistance with SRF loan services.
The Clerk's Finance and Accounting Division has reviewed the infonnation contained in
this Executive Summary.
FISCAL IMPACT: Wellfield reliability projects were contemplated in the FYOS
Budget. The continuation of the wellfield pro~ including construction of these wells
to meet the anticipate 2007 peak season demand, are part of the FY06 Budget.
Summary of SRF loan per this Facility Plan:
PIO}ect Ccma for the .. we/Ia
Estimated Construction Costs
SRF Allowances/Other Costs
Estimated Loan Amount
SRF Funding
$ 6,053,000
$2,647000
$ 8,700,000
Loan Tenns
Interest Rate
Loan Term (years)
Annualized Debt Service
3%
20
$ 580,000
GROWTH MANAGEMENT IMPACT: These recommendations have no impact on
the Growth Management Plan.
RECOMMENDATIONS: Staff recommends that the Board of County Commissioners,
as the Ex-Officio Governing Board of the Collier County Water-Sewer District:
1. Approve the attached Resolution to adopt the document titled "Collier County
Potable Water Wells Facilities Plan, June 2005" to allow Collier County to avail
itself oflow-interest SRF Loan funding
2. Authorizing this document titled "Collier County Potable Water Wells Facilities
Plan, June 2005" to be submitted to the Florida Department of Environmental
Protection by authorized County employees
PreDared Bv: Karen B. Guliani, P.E.
Principal Project Manager. Public Utilities Engineering
,-
AYfJnda Item No. 17G
JUly 2&, 2005
PlIP' 3 01 28(S
COLLIER COUNTY
80~RO OF r.OUNTY COMMISSIO"'F.R5
Item Number
Item '",mrMry
17G
Recommend.t1(1'l to appreve I Rnoll.ltlel'l 01 the Board of County Commiil."IDl'lerl 01
C.olhr County FJcmie, edoptlllj; ::'olhr County'. Pom!)i. Water VY.lltl rev/Hly Plan, dat.d
Jun. 2005; Inri IU1horiZlt the Counly Men.g..' or hi" d"'91"1U 10 8ubtl,lllhi& PiATl tel th.,
Florid' Dltp.rt"'~nt 01 En...irtmll1lnt.' Prut.ct!crT
7/2t1Y10D5 9:00:00 AM
Meltllng o.te
Apprond By
Paul MMtnulich
WillnrDlrer;lOf
a,le
Publlr.lIUl/tlrt.
WoIInf
7/11~Ot)II:"'AM
Apprund By
F>fller ict-,,,U, PMP
Senior Prqjeet M.".aD~
Pul.lllt. UtJlltJn En9ltllltllfl1l
Dlh~
Publl~~ UIUlU..,
71112DQ610:11AN
Approved By
Roy Q. Alldrt"iml. P.t.
PUblic Utilllin f!nVltlMrino Ulr/tc'or
P...,
Publle UlIIm.u!
Public Utll~n'lf e'19jn*.f1~
7tr/211!11':O'4M
Approved By
.nm",."Wlffrtli
Opjtutioo..m""r.1N"
Public: UtlllUltbI Opllf.III)II'
"'"
Publl!.: Utllltilrs
'1112001 t1:1' 4M
Approv.d By
JlllllU1W, DeLoll)'
PUbU,. UtlllUn Adtnl"lflltr.tur
Dill.
PublIc Ulmli.~
PubUc UtUiUn ArinllnlJtltratlon
7f1!201.16 :S:U PM
Approved By
OMS CODnlilllUor
AIJrnllllltr.,lvItAulttifllt
Dol.
COUllly Man.g<<'. Om,,4\'
Oinc. af M.llllf,lflfhOltt & BUd".,
11111200. t1~ 11 AM
Approved By
Su..." lJt;b~t
61l'~if)r MIMgrr"'ltnllBlldf\III/,,...lV-It
Om
Cuunt" MIl1l1Vltl'l< orneI!'
Orfice of M.rulGlllInWll & rhlltget
1111/;loa,z..&lPM
Approved By
JllfTIUV. Mw.ld
RfI,,,,jurl;uuIl1V
CDft'lfnln'umlr.
CUUII(y M.lIl;l~el
Dlltl<
CQII"')I' "'.n~ll~r'.'1 O"ln
"l'11I/4!DQI3:f,1 PM
Agerda Item No. 17G
July 26, 2005
Page 4 of 286
2F Saturday, June 25, 2005
Naplai ilai4J N2UJS
0120 II01ICE OF 0120 IIT\CE OF
E1III __
NOTICE OF PUBUC HEARING
Nottce 15 hereby given that the Board of County
CommISsioners ill COllier County will hold a public
hearlno on Tuesday,. July 26. 2005. In tile BOllI'lI.
room, 3rd Floor, Admlrilstratlon Building, COmer
County Government center, 3301 East Tunlaml
Trail, NIllIles. florida. The meeting will begin at
11:00 A.M.
THE BOARD WILL CON5lOEll A RESOLUTION OF THE
BOARD OF COUNTY COMMISSIONERS Of COLLIER
COUNTY, FLORIDA, ADOPTING THE COUNTY'S POT.
ABlE WATER WELlS FACILITIES PLAN DATED JUNE.
ZOOS: AUTHORIZING THE PLAN TO BE SUBMItTED TO
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION AND TO DfSIClNATE AUTHORITY TO
AUTHORIZED INDMDUALS.
This heartllll will Include. but not be IImtt.d to the
dl_lon of thI pl8nl to ~ and IJfIlI!1lde
VMOUI potIIble water well tiCllltllll tI1roiljjhout
Colli.. COunty. AddltlOlllllly, the financial IlI'1Paet
on systf/m IIIlIrI will be cIIl1ill1sHd. The heartllD Is
Intended to atrord tht opl!Gft\ll!ltY to IndlVldullls to
be MIlrd on economle .nit lOClar effects of the lo-
cation, design and environmental Impaet of the
potllllle water well facilities recommended In the
Potllllle Water WeUa Facilities Plan. Funding for this
project Is anticipated to come from the Florida De-
partment of Environmental Proteetlon State Re-
volving Fund (SRF) loan program.
The Potable Water Web Facilities Plan document
can be reviewed bealnnlna June 27 2005 at COII~r
County Public UlIlltles Orvlslon, 3;.11 E. Tamlaml
Trllll. Building H, 3rd Floor, Naples. florida.
NOTE: All persons Wishing to ~ak on any allllnda
Item must relIlslet wItII the COunty Administrator
I!rlor to p~" of tilt agenda Item to be ad.
ilreUeIL individual IQeIkIrS will be Ilmlteel to 5
minutes on any Item. TIle Hldon of an Indivldulll
to lpeek on tiehd of lIII cqal!lzatlon or g;: Is
encOUraaed. If recognized bY tilt ChaIr, a II as.
person fOr a group 01' oroanlzatlon may be ottecl
10 mInutes to sp.- on an Item.
Pel'llOlII wIsh\IlQ to have wrltnn 01' graphic materi.
Ills Included iii the Boarcl agenda plicketS must
submit Mid materlaI ~ mll*nulil of 3 weeks prior to
the lUIIIlCtlYe P.Ul!IIc ,..lIItng. In III)' cue, written
materials Inteniled to be cOIIIlcIereel bY the Board
shall be submlttecl to the IIIIPl'lIPf'iate County staff
a minimum of seven days prior to l,l1e publIC hear.
111CI. All material UlIed In prallltlltlons before the
BOlIrd will become a permanllllt part of the m:anI.
or: ~ w'iTtlO ~ecI:III~BPgf~: =~Jln::
pertalnlna thereto and lherefor:e.. mey need to en-
sure !haf a verbatim reeord of tne pl'OClllldlngS Is
made. which record Includell the testimony and
evidence upon which tilt IIIIllIlalls based.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
FRED W. COYLE. CHAIRMAN
DWIGHT E. BROCK, CLERK
rl~Patrlcla Morgan. Deputy C~erk
JUnfI 2~ Nn 11' ,no
Agenda Item No. 17G
July 26, 2005
Page 5 of 286
RESOLUTION NO. 2005-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY FWRIDA, ADOPTING COLLIER COUNTY'S POTABLE WATER WELLS
FACILITIES PLAN, DATED JUNE, 2005; AUTHORIZING THIS PLAN TO BE SUBMITIED
TO THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECI'ION; AND
AUTHORIZING DELEGATION OF AUTHORITY TO AUTHORIZED COUNTY
EMPLOYEES
WHEREAS, Collier County has detennined that the projects recommended in the Collier
County Potable Water Wells Facilities Plan needs to be implemented; and
WHEREAS, Collier County is seeking funding from the Florida Department of
Environmental Protection (FDEP) under its State Revolving Fund Program to fund the subject
improvements to benefit Collier County's Water/Sewer customers; and
WHEREAS. staff has requested that the Board of County Commissioners approve the Collier
County Potable Water Wells Facilities Plan and Drinking Water State Revolving Fund Business Plan
in accord with the State Revolving Fund's requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that:
1. Collier County, a political subdivision of the State of Florida, hereby adopts the Collier County
Potable Water Wells Facilities Plan (copy attached and incorporated herein).
2. The Collier County Drinking Water State Revolving Fund Business Plan having been delivered to
each Board Member for their individual reviews is hereby adopted.
3. The Board of County Commissioners hereby authorizes the submission of this Plan to the State of
Florida Department of Environmental Protection.
4. The Collier County Public Utilities Division Administrator is hereby authorized to carry out the
responsibilities under this Loan Program and to delegate authority and responsibility to County
staff to carry out all activities needed to accomplish all goals of this Loan Program provided such
actions do not consist of additional commitments on the County's behalf that require additional
approval from this Board.
S. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED this _ day of
adoption.
, 2005 after majority vote in favor of
ATTEST:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTy, FLORIDA. AS
EX-OFFICIO THE GOVERNING BOARD
OF THE COLLIER COUNTy WATER -
SEWER DISTRICT
DWIGHT E. BROCK, Clerk
BY
Deputy Clerk
BY
FRED W. COYLE, CHAIRMAN
Approved as to form and legal sufficiency: .
Tbo~~~ 9J.---
Assistant County Attorney
APPENDIX A - USER CHARGE RATES
Agenda Item No. 17G
July 26,2005
Page 6 of 286
CCWSD Rates
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l'-~II~::_,. ,J.
PubUc Utflltles -Home
Services
Your AcCount
.~ Rates
. Water
. Wastewater
. GoodJand Water
. Solid Wane
. Landftll Tipping Fees
w;,ter Quality Reports
Ordering Rollout Carts wI SIZing
Orde,ring Recycle BIOs
General Information
Ou r Departments
Contact Public Utilities
Relaled Web-site Links
C.oll,,,, Cowrl~Y Public Utilities nlVl~'on
nol. F ToJm'ii1miTrllH,
Agenda Item No. 1~G
July 26, 2tme I of 2
Page 7 of 286
\' i ~ 1t<1I'
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Collier County Water-Sewer District Rates
Effective October 2004
Water Service Availability Charges (Residential, Multi-Family. Commercial and Irrigation Only):
Meter sizes are shown in inches:
~e". 3/4' 1," lJl.!.: l.J.Q: ~ 3' 4 ~e.: D: 1.0" .12.:
$12.60 $12.60 $27.80 $35.20 $53,00 $83.20 $153.80 $254.60 $506.60 $009.00 $1,464.20 $1,9n.60
Volume Charge Per 1,000 Gallons (Re&ldentlal, Multi-Family, Commerc:laland In'igatlon Only):
p'jQg~1 ~ ~ BIQ9.l4 ~ BJ!29.k_6
$1.54 $2.20 $2.90 $3.70 $4.50 $5.50
Block Rate Struoture (RHldential, Mum-Family, Commerical and I"!gatlon Only):
M~(.W"...~~ El.kllcU ~ ,etoo~.3 ft!2Iit:.4. ~ ~..&
5/8' 5,000 10.000 20,000 30,000 50.000 Over 50,000
314" 5.000 10,000 20,000 30,000 50,000 Over 50.000
1" 12,000 25,000 50,000 75,000 120,000 Over 120,000
1 114" 20,000 40,000 80.000 120,000 200,000 Over 200,000
1112" 25,000 50,000 100,000 150,000 250,000 Over 250.000
2" 40,000 80.000 160.000 240.000 400,000 Over 400,000
3" 80,000 160.000 320.000 480,000 800.000 Ovor800.ooo
4" 120,000 250,000 500,000 800,000 1.200.000 Over 1,200,000
6" 250.000 500.000 1.000,000 1,500,000 2,500,000 Over 2,500,000
8" 450.000 900,000 1 .800,000 2.700,000 4.500.000 Over 4,500,000
10" 700,000 1,450,000 2.900,000 4.300,000 7,000,000 Over 7.000,000
12" 1.075,000 2,150.000 4,300,000 5,450.000 11.000,000 Over 11,000,000
Fire Systems (Dedicated and Compound):
(8) Fire M&l&r (I) Fire SetVice Meier ue wi" retar to the largest diameter meter A\lglster installed lor fire
proteotion. (i) Fire Servioe Meter contlections lhat have COllSUmp1iOn registered for thl1Nt COMeCutive bBllng
periods are deemed to "AWl proVIded dome${ic or other weter ulUIge shall be blHtd IIOCOtdlng to regular water
monthly availablllty and usage dlal'gtla as described nerem.
(b) Volume Charges Per 1,000 Gallons: $1.54
Water Restriction Surcharge:
Water Shortage PfuIM* % Reduc1lon In Flow CMrge Rate
OV.,..II OMland Adjuatment %
Phase 1 . Moderate Less Than 15% 15'Y.
Phase 2 . Severe Less Than 30% 30%
Phase 3 - Extreme Less Than 40% 40%
Phase 4 . Critical Less Than 60% 60%
.Pw the South Florida Water Managomont District Waler Shortage Plan, purslJ8flt to Chapter4OE-21 of the
Florida Administrauve Cod..
Content updated October 25. 2004
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http://co.collicr.fl.uslpudlserv/ratcslCCWSDRates.htm
3124/2005
wastewater rates
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Public utilities - Home
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Ordering Rollout CartS wi sizin9
Ordering Recycle 6ins
General Information
OUI'Departments
Contact Public Utilities
Related Webslte LInks
COll.er County P\)!)IiC Utilities DivISion
JJO 1 c:. Tamil""" It "",
BulldlnQ II :lrd Floor
Naples. n J4!1l
leie~lhon'~: [239) 732-;'>S'/S
Agenda Item No. \i.o.e 1 f 1
July 26, 200'!f0 0
Page 8 of 286
..,.for~
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1111 sinc......
Collier County Water-Sewer District Wastewater Rates
Effective October 2004
Wastewater Service Availability Charg.. (RAsid9n1ial. Multi.Family and Commercial)
Meter sizes are IIhown in inches;
~ ~ 1" ~ 1.112: ~ :r 4" e.: 1l:: W 1Z.:
$19.00 $19.00 $43.20 $55.40 $83,60 $132..10 $245.20 $406.60 $810.30 $1,294.90 $2.321.60 $3.441.00
Volume Charge Per 1,000 Gallons (RC$i~nllal. Mulh-f-amHv anc! Commercial)'
All Usage (1): $2.68
(1) Monthly individually metered residential usagecnarges are capped a115.ooo gaIIona.
Efnucnt Irligation Rates:
Collier County Water-Sewer DlstrIet
Uniform Operation and Regulatory Standarda
Appendix A -' Schedule 3
Etfluentlrrigation Rates
1 . Effluent Irrigation usage in each District Bhall be al the following schodule.
. Service Avallabilily Charge Individually Metef Irrigation:
518 and 3/4 inch meter $4.35 per monlh
1 inch meter $10.90 per monlh
1 1/2 ineh meter $21.75 pet' month
2 inOh meter $43.50 per month
3 Inch meter $87.00 per monlh
4. inch meter $174.00 per month
6 inch meter $330.00 per month
8 Inch meter $600.00 per monlh
10 inch meter $960,00 per month
12 inch meter $1..430,00 per montJ'l
. Volume Charge per 1.000 Gallons (effective October 1, 2004):
(i) PrSS$urized and Distributed $0.69
(ii) Pressurized $0.36
(lil) Bulk $0.28
Content updated October 25. 2004
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3/24/2005
Agenda Item No. 17G
July 26, 2005
Page 9 of 286
APPENDIX 8 - BUSINESS PLAN
Agenda Item No. 17G
July 26, 2005
DRINKING WATER STATE REVOLVING FUND BUSINESS P:fWNIo of286
Mailing Address:
Sponsor Name: Collier County Florida
DWSRF Project #:
Contact Person and Title: Thomas Wides
3301 East Tamiami Trail, Bldg
H, Third Floor
Contact for Finance Plan (if different):
Mailing Address:
e-mail: ThomasWides@colliergov.net
Source Type: t8I Ground Water
o Surface Water
System Population:
PWS ID#:
City:
Naples
Telephone:
State: FL
239-732-2553
Zip: 34112
City:
Telephone:
State:
Zip:
Fax:
o Purchase Water
o Surface/Ground Combined
The Drinking Water State Revolving Fund Program (DWSRF), authorized by the 1996 amendments to the Safe Drinking Water
Act, provides financial assistance to public water systems (PWS). To obtain this assistance, project sponsors must demonstrate
Capacity Development or demonstrate how the assistance will ensure these requirements are met. The term Capacity
Development takes into consideration three vital areas of a public water system: Technical, Managerial. and Financial
capabilities.
FINANCIAL
A financial capability demonstration (and certification) is required well before the evaluation of the actual loan or grant
application. This demonstration is necessary to ensure that the system bas the financial capability to repay the loan. if
applicable, and to adequately operate and maintain the system. Financial capability also includes funding future capital
improvements that may be required. Please see Rule 62-552.700(4) in Chapter 62-552, FAC. for further details.
It is expected that the revenues to be dedicated to repaying a loan will be generated either fiom water and sewer utility
operations or from water utility operations alone. If the source of revenues will not be from such enterprises, this set of
worksheets alone will not satisfY the Department's needs. (please contact the Department for further guidance if dedicated
revenues will be generated externally to such utilities.)
The following worksheets have been developed to identifY the minimum information needed. The completed worksheets should
be used in disclosing DWSRF project tinancingto the public during the required dedicated revenue hearing. The worksheets
can serve to identifY the impacts of the SRF project on residential users and how the project fits into the project sponsor's
overall capital improvement program for the water and sewer utility (or water utility, as appropriate). Supplemental capital
financing documentation may be submitted with these worksheets and may be presented at the required dedicated revenue
hearing.
The revenues being dedicated to repayment ofthe DWSRF loan are:
Net operating revenues and Wastewater System
Development fees of the Collier County Water-
Sewer District's water and sewer Utility systems
after payment of debt service.
Monthly
Yearly
2004
Internal Rate Study & Outside Consultant
What is the frequency of water system billing?
How often are system rates reviewed for adequacy?
When was the last time rates were reviewed?
What resources and guidance does the water system use for setting water
user rates, fees or charges?
What is your water system bond rating?
Is a rate increase necessary 88 a result of this project?
What is the Median Household Income (MHI) for the entire system?
.AAA
No
48,289 (Entire County)
Which, if any, of the following activities must be undertaken to implement the DWSRF project?
Acquire privately held land? Yes 0 No 181
Acquire land held by another public water system entity? Yes 0 No 181
Enter into inter-local or inter-project sponsoring agency's agreements? Yes 0 No 181
Does the system have an ammal budget with a separate reserve account for equipment
replacement and/or capital improvement?
Does the system have a capital improvement plan? How many years does it cover? ~
Does the system. have a governing board of directors?
Does the water system employ the services of a professional engineer?
Are there proced.ures for billing and collection?
Does the system have audited financial statements?
Are there standard purchasing proced1l1"eS that provide controls over expenditures?
What year wt11 constnlCtion be completed and repayments begin (for the first project)?
What is the estimated cost of your SRF project?
Please attach a copy of the user charge ordinance.
Yes
Agenda Item No. 17G
JujY,26, 2005
IZI NcPa~ 1 of 286
IZI No 0
IZI No 0
181 No 0
181 No 0
181 No 0
181 No 0
2026
13,319.788
Yes
Yes
Yes
Yes
Yes
Yes
$
1. Number of Residen1ial Customers
Nmnber of New Residential Service
2. Connections
3. Annual Residential Water Sales (MGallons)
Avg. Daily Residential Usage (Ga1/day) (Line
4. 3 divided b line 1 divided 365
5. Annual Residential Water Sales
Average Annual Residential Bill (line 5
6. divided line 1
TABLE 1
WATER RATE REVENUE SUMMARY
LAST YR. YEAR 1 YEAR 2
2004 (Current 2006
Year
43 457
YEAR 3
2007
41 388
2,027
44 978
2,069
1,521
46 552
46,552
6.959,813
5,921.746
6,497,060
6,724,457
392.00 409.60 409.60 409.61
$ 21 876 683 $24634 178 $25 496374 $26 388 747
$ 528.58 $ 566.86 $ 566.86 $ 566.87
11. Number of Commercial Customers
12. Number of New Commercial Customers
13. Annual Commercial Water Sales (MGallons)
14. Annual Commercial Water Sales $
* Large meters should be checked annually for 8CCU1'IlCy
Instructions for Completing Table 1
Agenda Item No. 17G
July 26, 2005
Page 12 of 286
Identify the source of the above information and explain methods used to develop the projections
(Attachment # J). Include an explanation of any revenue and expense growth or other adjUSbnents; for
example, any rate increases, service growth, inflation adjustments, expense adjustments reflecting the
cost of operating additional facilities, or other considerations. In completing this table assume through
year 3 that no SRF project is constructed. In the " SRF Project" column enter the numbers that reflect
the first year in which the SRF loan will begin repayments. When completing the numbers in this
column assume that the SRF project will be financed using 100010 loan funding.
Line 1 Include the actual number of customers for last year and year I (current year). The numbers
in years 2 and 3 should reflect an estimated number of residential customers, adjusted for
growth. In the SRF column include the expected number of customers based on constructing
your SRF project.
Line 2 This line is a subset of line 1. It should reflect the number of new customers for that year.
Line 3 This line is your total volume (gallons) of water used by your residential customers. Use
actual gallons sold for Last Year and do an estimate for the current year based on total
to-date. To detennine Year 2 and 3 water sales, first calculate the average daily residential
usage in gallons per day on line 4. The estimated water sales for Year 2 and 3 can now be
determined by multiplying line 4 by line 1.
Line 4 This is the average daily residential usage (gallons per day) by a single residential customer.
To get this number divide line 3 by line 1. Use Last Year and Current Year to project usage
for Year 2 and 3. Usage should be fairly constant.
Line 5 This is your total residential water sales in dollars. Year 2 and 3 water sales should reflect
any increases in rates (i.e. due to inflation). In the SRF column list what the sales would
need to be if the SRF project was a 100% loan (to meet all expenses).
Line 6 To obtain the average annual residential bill, divide line 5 by line 1.
Line 7 This is the amount of the uncollected residential bills outstanding for the year.
Line 8 Line 5 minus line 7.
Line 9 This line is the impact and connection fee for new residential service.
Line 10 Multiply line 2 by line 9.
Line 11 Include the actual number of customers for last year and year I (current year). The numbers
in years 2 and 3 should reflect an estimated number of commercial customers, adjusted for
growth. In the SRF column include the expected number of customers based on constructing
your SRF project.
Line 12 This line is a subset of line 11. It should reflect the number of new customers that will be
charged an impact or connection fee.
Line 13 This line is your total volume (gallons) of water used by your commercial accounts.
3
Agenda Item No. 17G
July 26, 2005
Page 13 of 286
Line 14 This is your total commercial water sales in dollars. Year 2 and 3 water sales should reflect
any increases in rates (i.e. due to inflation). In the SRF column list what the sales would
need to be if the SRF project was a 100% loan (to meet all expenses).
Line 15 This is the amount of the uncollected residential bills outstanding for the year.
Line 16 Total revenue collected for commercial accounts (line 14 minus line 15).
Line 17 This line is the impact and connection fee for new commercial/industrial accounts.
Line 18 Multiply line 12 by line 17.
Line 19 Total revenue for bulk water sales to consecutive systems.
Line 20 Total of line 8+10+16+18+19.
4
Agenda Item No. 17G
July 26, 2005
TlIbIe 2 Page 14 of 286
INCOME EXPENSES AND CASH FLOW STATEMENT
I~ A__ .._~ ad C.... )l'Jow 8~t Last Vr. 2004 IVear 1 200S IVear 2 2006 IVear 3 2007 SRF Proillc:t
OPERA'l1NGBEVJ:N1JBS
1 WIIter RateI $ 28.234.000 $ 31..288 000 $ 32.383 000 $ 33 516.4tl5 $ 33 516.405
2 Fire Protection
3 Feca 8Ild Service 1 862.000 1.782.200 1.776.500 1.838.678 1.838.678
4 Interellt Income 434.328 434 328 434.328 434.328 434.328
Sa Other.
Sb Other- 36.500 2080 0 0 0
fi Tetlll~ - 5\ $ 30.566 828 S 33 506 608 S 34 593 828 $ 35789 411 $ 35789411
NON-O TING REVENUES
7 IntcreIIt Income 363 000 363 000 363.000 363.000 363.000
8 InterfuDd TJ:8IllIfer 4.152.100 14858600 10000 000 10000000 10.000.000
9 Proceeik from !be Sale of A8eta
10 Leucs IIIld Extrlletion F_
11 ConItruction 0ran1B
12 Proceeds from 8orrowinlr 11.500.000 13.000.000 13.000.000
13 Eauitv Contribution
14 Other-
1liillili7 -14\ $ 4615 100 S 15.221 600 S 21 863000 S 23 363 000 S 23 363 000
OPERATING EXPENSES
OPERATION AND MAINTENANCE
16 Salariea 3 70U78 3 870 600 3 86..600 122.272 4 136 372
17 Bcncfil8 2.001.417 2 79.500 '- 73 700 729.762 2.729.762
18 Utilities 2.701061 3 145 000 3 12.700 149.955 4.167.955
19 Chernlca1s &: Treatment 1.42 001 1 66 700 1 129.400 046.393 2.961.393
20 Monitorin2 391 710 493.500 516.500 547819 547 819
21 MatcrlalL Sormlica &. Parts 2.41 474 3.378.5001 3.s.t.2.700 3.757.519 3.757.519
22 Tl'lllllmortation 284.211 569 11 0 457.100 484.817 574.817
23 Purcbaaod Water CoaIB 0 0 0 0
24 OuIBldc Service - 0 0 0 0
25 Other - 0 0 0 0
2fi Total ((.IDCI 25. 34\ $ 12.938.352 $ 15702910 S 16818700 $ 17838537 $ 18 875.637
ADMINISTRATIVE
27 Salariell and BencfllB 1 439216 1.509.321 1.630..211 1.729.063 1.729.063
28 Bulldinll Ovcrhc:&d 1 726 175 1.891.311 2.107.029 '-234 793 2,234.793
29 Office Snnnlica &. Po-- 31601 18.000 3000 3182 3.182
30 Inaurance 1.800 1994 40.552 431H 1 43.011
31 C\I8IOJDCr BiUimr &. Collection $ 396.402 S . $ 16.373 $ 17.366 S 17.366
32 Aa:ounUnll' and 1_1 1 133468 1.273.817 1.522 684 1 615015 1 615 015
33 AIB &: Prot'eaaional Service 928.639 1.003.435 1 165451 1 236..121 1 36.121
34 Other - 756.497 1.013681 1 148 211 1217835 1 17.835
3S Total ((.1_ 37 - 44\ $ 6413798 S 6 711 559 S 7.633.511 $ 8 096 386 $ 8.( 16,386
liiIiII1'Dll'lnCOme S 11.214 678 $ 11 092 139 S 10.141617 S 9 854.488 S 8817388
NON-OPERATING EXPENSES
37 Debt-Rcpaymelll- Prlncipallllld
Interest 520 042 520,042
38 Capital Improvements AcquiJtion of
Plant Equlpment
39 Interfund TI'IDSfm 4.252100 14.858.600 10000000 10000000 10.000.000
40 To General FWld 173.500 173 500 173 500 173300 173.500
41 To ~lacement Fund
42 To Fund
43 Depreciation Expenses (If money is set
aaidel
44 Other -
4S Total ((.in.. 4' - lIIi\ S 4.425.600 S 15032.100 S ] 0 173.500 S ]0 6Sl3 542 S 10 693.542
.u Net No 1__ S 189.500 S 189.500 S 11.689.500 $ 12.669.458 S 12,669.458
47 Net lDeo_ Before Tua $ 11404 178 $ 11 281.639 S 21.831.117 S 22.523 946 S 21.486.846
TAXES tN/A for nnh1lclv owned """tema\
48 Iucome T8XllJ
49 Other Taxes
50 Total fL..... 48 + 49\ $ - $ - S - S - $ -
S1 Net laeo_ After Tuea $ 11.404.178 S 11 281.639 S 21831117 S 22 523 946 $ 2].486.846
5
Instructions for Completing Table 2
Agenda Item No. 17G
July 26, 2005
Page 15 of 286
Identify the source of the above mformation and explain methods used to develop the projections
(Attachment # l). Include an explanation of any revenue and expense growth or other
adjustments; for example, any rate mcreases, service growth, mflation adjustments, expense
adjustments reflecting the cost of operating additional facilities, or other considerations.
REVENUES- Revenues include all sources of income to the system. They are separated on this fonn
as: "Operating", lines 1-6 and "Non..()perating", lines 7-15. When using the subcategory
"other" under any item, please write a descriptive term.
EXPENSES- Expenses include all those activities or purchases which incur cost for the system.
Expenses can be estimated in various ways. One method bases the projections on
historical expense. This can be accomplished by using historical costs and escalating
them from known and projected changes. An example of a known change would be an
increase in labor costs for the budget period due to known or anticipated salary increases.
An example of a projected increase or escalation in costs would be a 5% annual inflation
rate. Materials and Supplies expense, for instance, would be expected to increase with
the projected inflation rate. Expenses are separated on this fonn in the same fashion as
Revenues with further subtopics to more clearly define expenses. When using the
subcategory "other" under any item please write a descriptive term and cross out the
word "other". Expenses are separated on this fonn as "Operating", lines 16-26,
"Administrative", lines 27-35, "Non-Operating", lines 37-45, and "Taxes" lines 48-50.
Lines 1 This line includes all money received for supplying water service. Information should
come from completed Attachment 1.
Line 2 If a separate fee is charged for fire protection include on this line.
Line 3 Include all miscellaneous fees and charges generated by providing water service other
than for the actual water service (for example, connection fees, bad check fees, reconnect
fees, meter testing fees, etc.).
Line 4 Interest earned from cash on hand or on fees financed by the utility.
Line 5 Ifused, please describe.
Non-operating revenues are funds generated outside the water system and used by the water
system to cover expenses.
Lines 7-15 Items should be clear, modify topics ifneeded.
Lines 16-17 Salaries and Benefits (Operators), include all compensation to employees of your system
when the work is related to the system's O&M. This account should not include
compensation of officers, directors, or general and administrative staff. Volunteer l~bor
cannot be applied.
Line 18 Utilities, includes the cost of all electric power, gas, telephone, water (at least account for
what is being used at the plant), and any other system-related expenses incurred in
producing and delivering water.
6
Line 19
Line 20
Line 21
Line 22
Line 23
Agenda Item No. 17G
July 26, 2005
Page 16 of 286
Chemicals and treatment is intended to cover the cost of all chemicals used in the
treatment of your water.
Monitoring, includes all water monitoring costs incurred by the system. This should
include both in-house monitoring and analysis costs as well as outside laboratory costs.
Materials, supplies, and parts means all materials and supplies used in the O&M of the
water system and in providing and delivering the water to the customer. Include any
repairs or parts needed in producing and delivering water. This would include grease,
oil, and minor repairs to equipment. This should not include materials for administrative
purposes such as postage, copying or copy machine supplies, billing fonns, or letterhead.
Transportation is intended to include all expenses related to trucks, automobiles,
construction equipment, and other vehicle expense used in producing and delivering
water to the customer.
Include the cost of purchasing water. Use only if a consecutive system.
Administration expenses are considered overhead but not those directly related to O&M of the
daily production and delivery of water to the customer. This category includes billing and
administrative costs incurred by the system. For example, all meter reading costs, secretarial
costs, postage, publications, reference materials, uncollectible debts insurance accounting services,
and all other overhead items belong in this subsection.
Lines 27
Line 28
Line 29
Line 30
Line 31
Lines 32
Salaries and Benefits include all compensation to employees of your system in which the
work is related to the administration of the system, such as officers, directors, secretarial,
and meter reading salaries and benefits. This account should not include compensation of
operators. If an employee performs both operation and meter reading a percentage of
their salary should appear under the appropriate topic. For example, if an operator reads
meters 25% of the time, % of their salary should be shown on line 16 and 1'4 of their
salary on line 27.
Overhead associated with the building itself such as, mortgage payment, insurance, taxes,
maintenance, etc.
Office supplies and postage includes all materials and supplies in administration of the
water system. This includes office supplies, postage, copier charges, and paper.
Insurance (Vehicles, Liability, Workers' Compensation) includes all insurance costs
associated with the coverage for the vehicles, general liability, workers' compensation
insurance, and other insurance costs related to the operation and administration of the
system.
Customer billing and collection should include all expenses specific to !his function such
as, special billing forms or software.
Accounting and legal expenses includes all salaries and wages with legal and accounting
functions for the system even if they are outside services.
7
Line 33
Agenda Item No. 17G
July 26, 2005
NE and professional services means all engineering and other professional ~c1i of 286
expenses associated with water system planning and design requirements.
Line 34
Other means expenses such as employee training and water certification requirements
(classes, registration fees, travel, etc.), public relations campaigns and public
notifications, etc. Also include any recurring expenses that did not fit into any of the
above line items.
Non-operating expenses are ones that are necessary and paid by the water system, but are not part
of dally O&M or Administration of the system. Debt Repayment and Capitallmprovemenh are
typical items that may appear on this type of analysis.
Lines 37-42 Expenses that are involved in operating or administering the water system that were not
considered in the totals appearing on lines 26 and 3S should be shown in these items,
modify if necessary.
Line 38 Capital improvements include facility and non-facility costs related to: 1) Meeting
growth requirements or improving your system's infrastructure to provide better service
and reliability to existing customers, 2) replacing or renovating existing facilities, or 3) to
ensure compliance with drinking water regulations.
Line 39-42 Identify any transfer of funds used to offsets other non-water system related capital
expenditures. These lines represent some possible categories, modify if needed.
Line 43 Depreciation expense only applies to systems which are currently depreciating
investments made in the past (recovery of previously invested funds). Include amounts
on this line only if money is actually set aside.
Line 44 Include any recurring non-operating expenses that did not fit into any of the above line
items.
Taxes can be incurred in a variety of ways such as a state utility tau, business and occupation tax,
property tax or federal income tax. Each of these taxes can be accounted for separately within the
operating budget, modify if necessary.
Lines 48-49 Include any incurred taxes.
8
Table 3
Agenda Item No. 17G
July 26. 2005
Page 18 of 286
SCHEDULE OF PRIOR AND PARITY UENS
UIt enrUIi dlIbl: IIeIVic:e beglml~ two )fiI'I before the enllctpeeed IoBn sgreemert dills and cantlrU~ at IeeIt Ilft8en IiecaI yeera. UIe additional pages as
-..y.
ID!N11FY EACH OBUGA11ON
Il1 Wrbr & S-- RIMInue Band8 1ll92" IZ WBttK & S-- TIIllIIbI. R8furdng RIMnu.. 13 WBttK & S--TIIlCIIbIe R8fIn:Ing Rlr4nu"
BondI- Seri. 2OO3IV1994A BondI- Serl88 2003B19948
CcMInIge" 125% ~ 125% ~ 12B%
IIIIIIIlId Yes IMUflId Yes InBl.II8d Yes
M W.. & S--TlIlCIIble Rsfur1dW1g RlMnue* "W_ & S--TIIllIIbIII RaIinIng RIMlnu8" "Projeot ~ In tIilI
8ondI- Seri. 1lKlllA BondI- s.tee 19l1l1B FecII1Iee PIen
~ 125% ~ 125% ~ 120%
IIIBII8d Yes InsunId Yes IfI&UT8d
* ~ 1TA'll."~ to WIdIr PIq.D
PIICo\L ANNUAL DI!BT SERVICE IPRN:lPAL PI..UB INIEIIEIm 'I'OTALDBBT IBIlVJCIl
YIWl '1'OTALDEBT IlDnCB W/ClmlUGIl
t1 f2 IJ3 M 15 lf6
2002 $613.259 $1.665.174 $1,781,028 $225,938 $1,325.761 $ 5,611,161 $ 7,013,951
2003 $1,665,110 $1,784,331 $840,_ $1,325,087 $ 5,615,114 $ 7,018,892
2004 $1,902,217 $1,109,497 $839,912 $1,330,074 $ 5,181,700 $ 6,477,125
2005 $1,903,928 $1,134,713 $554,262 $1,326,974 $ 4,919,876 $ 6,149,845
2006 $1,900,019 $1,134,713 $551,095 $1,326,165 $431,946 $ 5,343,937 $ 6,658,324
2007 $1,901,257 $1,134,713 $557,073 $1,324,143 $863,892 $ 5,781,078 $ 7,183,153
2008 $1,901,640 $1,134,713 $551,546 $1,331,018 $863,892 $ 5,782,810 $ 7,185,317
2009 $515,593 $2,516,413 $552,220 $1,328,507 $863,892 $ 5,776,626 $ 7,177,587
2010 $3,033,708 $551,577 $1,327,698 $863,892 $ 5,776,875 $ 7,177,899
2011 $3,258,824 $1,328,440 $863.892 $ 5,451,156 $ 6,770,750
2012 $3,258,824 $1,330,580 $863,892 $ 5,453,296 $ 6,773,425
2013 $3,259,835 $1,333,967 $863,892 $ 5,457,693 $ 6,778,922
2014 $3,260,256 $1,332,882 $863,892 $ 5.457 ,030 $ 6,778,092
2015 $3,260,222 $1 ,325,973 $863,892 $ 5,450,087 $ 6,769,415
2016 $1,773,210 $1,328,517 $863,892 $ 3,965,619 $ 4,913,829
2017 $1,212,526 $863,892 $ 2,076,418 $ 2,552,328
2018 $1,212,189 $863,892 $ 2,076,081 $ 2,551,907
2019 $1,212,863 $863,892 $ 2,076,755 $ 2,552,749
2020 $1,211,010 $863,892 $ 2,074,902 $ 2,550,432
2021 $1,206,629 $863,892 $ 2,070,521 $ 2,544.956
2022 $863,892 $ 863,892 $ 1.036,671
2023 $863,892 $ 863,892 $ 1,036,671
2024 $863,892 $ 863.892 $ 1,036,671
2025 $863,892 $ 863,892 $ 1,036,671
2026 $431,946 $ 431,946 $ 518,335
2OZ7 $ -
9
Agenda Item No. 17G
July 26.2005
SCHEDULE OF PRIOR, PARITY, OR PROJECTED REVENUES AND DEBTPage 19 of 286
COVERAGE FOR RATE-BASED SYSTEM PLEDGED REVENUE
(Provide information beginning with the two fiscal years preceding the anticipated date of the first SRF
loan repayment.)
FY2OO4 FY2OO5 FV2OO6 FV2007
(a) Net OperatIng Rsvenues. 11,214,678 11,092,139 10,141,617 9,854,488
(Table 2 line 36)
(b) Debt Service Qncluding
required coverage) pledged
to all pr1a", parity, a" $6,477,125 $ 6.149.845 $ 6,658,324 $ 7.183,153
projected projects (last
oolumn of Table 3).
(c) Net RlMnte (= a - b) $4,737,553/ $4,942,294 $3,483,293 $2,671,335\
(d) Attach audited annual financial report(s), or pages thereof, and any other documentation
necessary to support the above information. Include any notes or comments from the audit
reports regarding compliance with covenants of debt obligations having a prior or parity lien
on the revenues pledged for repayment of the SRF loan. (Attachment # ~)
(e) Attach worksheets reconciling this page with the appropriate financial statements (for
example, backing out depreciation and interest payments from operating expenses).
(Attachment # )
(f) If the net revenues were not sufficient to satisfy the debt service and coverage requirement,
please explain what corredive adion was taken. (Attachment #_)
(k) Identify the source of the above information and explain methods used to develop the
projedions (Attachment # --l. Include an explanation of any revenue and expense growth
or other adjustments; for example. any rate increases, service growth, inflation adjustments,
expense adjustments refleding the cost of operating additional facilities, or other
considerations.
LIST or ATTACBNKRTS (use additional sheets if necessary)
Attachment
Water Rate Revenue Source
Income, Expenses and Cash Flow Source
CAFR
Number
1
2
3
10
Agenda Item No. 17G
July 26,2005
TECHNICAL: Accurate answers to the following questions will help identify the technical streBgtm4li welf36
as areas that may need improving within your system. If a question or section does not apply to your system,
please write N/A for not applicable. For questions that ask you to rate your system from 1 to 5, answer I for worst
case scenario and answer 5 for the best case scenario.
. System has current and accurate data showing average and peak gpd used
. System's capacity exceeds peak demand by more than 20010 (percentage - 21.6%)
. System can meet peak demand without pumping at peak capacity for
extended periods.
. System has an emergency plan in place to meet system demand during a
shortage (natural disaster or largest pumplwell out, etc.) Yes 181 No D
. System has accurate records indicating types and percentage of customers use: Yes 0 No D
Residential_% Commercial_% Industrial_% Dedicated Irrigation Meter _%
. System has comprehensive water loss program that compares amount of water
produced (plant meter) with total delivered through metered and unmetered
service connections (system's unaccounted for water is 1.%) Yes 181
Purchase Water Systems
NA [gI
System has a written agreement with the supplier that
. ensures adequate supply of water during shortage conditions,
. does not require the purchase of a minimum amount of water (water is
supplied through a meter),
. assures supplying water system will remain in compliance with the appropriate
State or federal regulations, and
. assures purchasing system will be notified of any water quality issues.
Yes 181 No D
Yes 181 No D
Yes 181 No D
NoD
YesD NoD
YesD NoD
YesD NoD
YesD NoD
Surface Water Systems and Systems Using Ground Water Under the Influence of Surface Water NA [gI
. System has redundancy for all critical treatment components
. System monitors raw, settled, and individual filtered water turbidity
. System consistently (95% of the time) has a filtered water turbidity of _ %,
which is within the current standard of .3 NTU
. System has the capability to add coagulant before the filter and disinfect at
various points in the treatment process
. System is evaluating (or has evaluated) changes necessary to meet the
Enhanced Surface Water Treatment Rule
Some needed changes are:
12345
12345
12345
I 2 345
I 2 3 4 5
. System is evaluating (or has evaluated) changes needed to meet requirements
in the Disinfection By Products Rule
Some planned modifications are:
I 234 5
Ground Water System
NAD
. A minimum of two sources of groundwater are provided
. Source water protection area provides a minimum 500 foot radius around each
drinking water well
. Groundwater source capacity equals or exceeds the design maximum day demand
and equals or exceeds the design average day demand with the largest producing
well out of service
. System monitors raw water quality to determine appropriate treatment
. System's well(s) have; air/vacuum relief valve, check valve, blow-off, by-pass, meter,
11
Yes 181 No D
YesD No[gl
Yesr81 NoD
I 2 3 4 ~
working sanitary seal, cons1nlCtionlmaintenance records and are properly vented
. System routinely monitors drawdown
msinfec:tion
· System has adequate contact time of ~ hours following disinfection and
before the first user in the distribution system
· Disinfection equipment is regularly inspected and maintained
· A chlorine residual is maintained throughout the distribution system
Distribution System
· System has accurate information. including age, for pipe materials that
currently make up the distribution system
· Water mains providing fire protection are a minimum of 6-inches in diameter
· System is free of severe "water hammer" problems
· System tracks ranges of operating pressure. especially during peak demand
· System maintains a minimum operating pressure of 20 psi
· Normal operating pressure is kept between 40 and 100 psi
· System has a routine leak detection program that uses (type of equipment)none,
repairs identified leaks quickly. and keeps water loss in the distribution system
below 1%. Average number of leak repairs per year is 25 mains and 125 services
· System has a cross connection control program in place that addresses:
evaluation of each service connection. installation of specified bacldlow
preventer. training. record keeping. annual testing, and education
· System is working to eliminate dead ends in the mains
· System has a flushing program that operates 2 times a year
· System has a map showing the bacteriological. lead and copper, and
TTHM (if applicable) sampling points
· System has accurate "as-built" maps of the distribution system posted that show:
location of sources (or intakes). size of mains. dead end mains. valves. curb stops
on service lines, and proximity of mains to other utilities (gas. electric, etc.)
· System has a routine valve exercise program
· All customers are metered and all meters are routinely calibrated
· Customer complaints are relatively infrequent
List number of complaints in the past year: approximately 2.000 calls for services.
Pumping
· System has a pump maintenance program that includes annual inspection, scheduling
of repair. and routine maintenance that is conducted by a qualified contractor
· System has standby or emergency power equipment that is routinely tested
under load and can provide 100010 of the average daily demand for no less than 5 days
Storage
· System is able to meet peak demand without the high service pumps running
at peak capacity for extended period
· System has adequate reserve capacity for fire protection.
Total storage capacity of the system is 34.540 million gals
· System's.2 storage tanks receive routine inspection (every 3-5 years) to
determine and schedule any needed maintenance
· All storage tanks are equipped with an altitude valve to prevent overflowing and
12
Agenda Item No. 17G
July 26, 2005
1 ~a~ ~ f286
1 2 3 4 ~
YesD NoD
Yesl8J NoD
123 4 ~
123 4 5
Yes I8J Nob
123 ~ 5
123 4 5
Yes I8J NoD
123 4 ~
123 ~ 5
1 2 3 4 ~
1 2 ~ 4 5
1 2 ;! 4 5
1 2 3 ~ 5
1 2 3 ~ 5
1 2 3 4 ~
1 2 3 ~ 5
1 2 3 ~ 5
1 2 3 ~ 5
1 2 3 ~ 5
123 4 ~
1 2 3 4 ~
1 2 3 4 ~
are sized appropriately to ensure adequate turnover and DO loss of water quality
. Storage tanks are covered and the surrounding areas are fenced
. Storage tanks have a drain valve and an entry hatch to allow access for
cleaning and painting of the interior of the tank
13
Agenda Item No. 17G
July 26.2005
1 ~a~:2S2 If 286
1 2 3 4 ~
1234~
Agenda Item No. 17G
July 26,2005
MANAGERIAL: Answering the next set of question will help the system clearly def'me responsiIBltilpai6Q( 286
staffmg needs, operational needs, policies, and internal standard that guide system performance. For questions
that ask you to rate your system from I to 5, answer I for worst case scenario and answer 5 for the best case
scenario.
· System has a current organizational chart and accompanying position
descriptions that clearly def'me responsibilities of staff members
· The plant is a category _ plant operating 24 hours per day.
I 2 3 4 ~
List names, class, and license numbers for all operators fulfilling staffing requirements:
Stephen Lang
M Ste h
A
A
AOO0276I
A0004517
arc :pl en
Greg Tavernier A AOOO6044
Jim Wyatt B B0007507
Tom Walsh B BOOO8212
Mike Butler B BOO I 1933
Randy Lewis B BOOl3656
Keith Magero C COOO6018
Russell Greer C COO068 I 9
Bart Sanders C COOO8460
Scott Edson C COOl3673
Steve Messner A A0004035
William CmiR A AOOO6403
Barry Erickson A AOOO6980
Jack Quinn A AOOO7337
Bob Wheeler A AOOO8074
Craig Martinusen B BOOO8075
John Augustvn B BOOO8482
John Hoffman C COOO7718
Terry Long C c0007363
Charles Sauls C COOl2923
Bill Davis C COOl3151
· System is satisfied with service provided by contract operator(s)
· The operator's authority and responsibilities are clearly defined
NA I 2 3 4 5
I 2 3 4 ~
Policies and Plans: Please indicate with a check mark the items for which the water system has written policies
or plans.
181 standard specifications
181 bacteriological sampling plan
181 cross connection control plan
181 general rules
181 disaster response plan
181 connection policies
181 emergency operation plan
o record management plan
181 disconnection policy
181 personnel policy
181 main extension policies
181 Lead & Copper sample plan
181 TTHM
181 public education & outreach
181 Safety/Risk Management Policy
· Based on the answers above the system has: clear organizational structure,
defined staffing requirements, and appropriate rules/policies
I 2 3 4 ~
Operations and Maintenance: The items that follow are elements that may be contained in a thorough
Operations and Maintenance (O&M) manual. A complete O&M manual is useful as a quick reference for
anything from trouble shooting to emergency procedures. Please indicate with a check mark those items
contained in the system's O&M manual.
14
IntrodueUon and Overview
181 System name 181 System ID#
181 design flow capacity 181 type of treatment
D available training D publications available
D Statement of the purpose of the manual and relay to the operator how to best obtain pertinent
information
181 organizational chart (note which activities require qualified and licensed/certified personnel)
Agenda Item No. 17G
July 26. 2005
Page 24 of 286
181 location
181 water source
General System Description
181 a flow schematic (source to distribution)
181 pumping capabilities (source, chemicals, and high service)
181 storage (raw, fmished water, and chemicals)
181 system map showing location of all wells, intake structures, pumping stations, storage tanks, and the
defined service area
System Operation and Control
181 identification of major system components including a description of the normal operation of each
component
D possible alternative operation modes and circumstances under which they would be used
181 schematic diagrams of each treatment process
D preventative maintenance program (include inspections performed when the facility is off-line)
181 common operating problems with methods of bypassing while being repaired
D importance of and how to use laboratory tests for process control
181 routine system operation for each major system component this should include startup and shutdown
procedures, safety procedures, and meter reading
D evaluation of overall system performance
Laboratory Testing
181 identification of samples and tests needed for compliance as well as for process control.
181 sampling locations, time, and methods
181 how to interpret laboratory results and the use of these results to improve the process
181 what should be in laboratory supply and chemicals inventory
181 list of laboratory references;
IZI instructions for filling out worksheets for a sample (include completed example)
181 for tests to be performed by outside laboratories, the name of the laboratory, contact person, telephone
number, and method of requesting sample pick-up or schedule for sample pick-up
Records and Reports Section
D a general explanation of the purpose and importance of accurate records and reports
181 a log of complaints and responses
181 daily logs, maintenance records, laboratory records, monthly reports, monitoring reports, sanitary
surveys, annual reports, operating cost reports, and accident reports.
181 historical records (pennits, standards, pumping capacity, consumption, and drawdown)
D list of equipment warranties and provisions
D specific area for filing records
181 procedures for reporting to appropriate agencies (specify how long records should be kept)
Maintenance
D general information including purpose and value of scheduled and preventative maintenance
181 preventative maintenance schedule and sample worksheets with instructions
181 specifications for fuels, lubricants, filters, etc. for equipment
181 troubleshooting charts or guides which reference pages in manufacturers' O&M manual or system's
O&M manual as appropriate
181 a record of data plate information on each piece of equipment maintained, this should include
manufacturers' maintenance schedule for routine adjustments
15
Agenda Item No. 17G
July 26, 2005
I:8J a work order system for maintenance of equipment with sample forms to accurately track C5aM aisof ift6
each piece of equipment
I:8J brief operation instructions for each piece of equipment with reference to the manufacturers' technical
specifications for major system components
D a mechanism for storage and check out of specialized equipment used infrequently
I:8J list of outside contract maintenance tasks
I:8J contact person and phone numbers for equipment manufacturers, major suppliers, and all utilities serving
the system
D list of special tools used and how to replace
I:8J stocks of spare parts, supplies, chemicals and other items vital to system operation
I:8J a system of requisitions and/or work orders used to distribute parts, supplies, chemicals, etc. for reorder
purposes
Eme~ncy Response Program
101 pre-response activity such as; personnel assignments, emergency equipment inventory, filling a storage
tank before a storm hits, copies of all emergency numbers. Laminated copy of phone numbers to keep
readily accessible should include water system personnel responsible for making decisions in specific
situations; including name, job title, home and work phone number (pager/cell phone number if
available), police, fire departments, and for chemical spills or exposure CHEMTECH 800-424-9300.
181 safety procedures for all personnel involved in the response
181 a contingency plan to ensure proper treatment of water even in adverse conditions which may include
agreements with nearby water systems for equipment or personnel
181 procedures for putting standby and emergency sources into active service
181 procedures for notifYing customers, the local health jurisdiction, and EPA of water quality problems
D systematic procedure for returning to normal operation
Appendix
The appendix can contain documents and other information that cannot be easily incorporated into the
body of the manual. Large documents such as copies of plans and specifications may be stored separately
from the main manual. The following list has examples of items that might be included in appendices.
Please check all that apply to your O&M Manual.
D Detailed design criteria 181 User Charge System
D Schematics I8l Piping color codes
181 As-built drawings I8l Drinking water rules/Ordinance
D Approved shop drawings
181 Valve indices or schedule
181 Manufacturers' manuals
· Based on the answers above please rate the system's current O&M Manual.
1 2 ~ 4 5
The last set of questions is designed to help you evaluate the systems' source(s). Please read the item then circle
the number from 1 (needs improving) to 5 (top notch) that you feel best describes your systems' current status
relative to that item or check boxes as appropriate.
· System has an active Source Water Assessment Program
1 2 ~ 4 5
For Ground Water SYStems:
· System has accurate historical information (like well driller's log
and construction records) for each well
· Well(s) have the "zone of contribution" identified on a map
· No storage of potential contaminants in close proximity ofwell(s)
· Well(s) are housed and fenced and have an appropriate concrete pad
· Well casing(s) extend at least 12" above floor or ground
Name of aquifer is known: 181 YesD No
Aquifer is: Tamiami, Lower, Mid and Zone 1 Hawthorn
1 2 ~ 4 5
1 2 ~ 4 5
1 2 ~ 4 5
1 2 ~ 4 5
1 2 ~ 4 5
181 Confined o Unconfmed
For Surfac:e Water SYStems:
16
. Commercial, industrial, or agricultural operations up stream are identified
. System has provided a contact to these facilities in case of an accidental release
. System performs up stream monitoring
. System has a raw water reservoir of _ gallons that acts as a buffer
Overall:
. System has adequate knowledge and program. activity to protect and
ensure an adequate supply of drinking water 10 years into the future
17
Agenda Item No. 17G
July 26, 2005
1 l2agJ) 2f3 <$ 286
12345
1 234 5
1 2 3 4 5
1 2 3 4 ~
Agenda Item No. 17G
July 26, 2005
Page 27 of 286
CERTIFICATION: I, the undersigned authorized representative of the applicant, hereby certify that all
information contained in this fonn and attachments is tIUe, correct, and complete to the best of my
knowledge and belief. I also certify that I have been duly authorized to file the business plan and to
provide these assurances.
Signature Of Authorized Representative
Name (please Print)
Thomas Wides
Title Fiscal Operations Director
Address 3301 East Tamiami Trail, Bldg H, Third Floor
City
Naples
State
FL
Zip
34112
Phone
(239) 732-2553
Fax
(239) 732-2526
18
APPENDIX 1 - WATER RATE REVENUE SOURCE
Agenda Item No. 17G
July 26, 2005
Page 28 of 286
Agenda Item No. 17G
July 26, 2005
Page 29 of 286
Will be provided at a later date.
Agenda Item No. 17G
July 26. 2005
Page 30 of 286
APPENDIX 2 - INCOME, EXPENSES AND CASH FLOW SOURCE
~
Agenda Item No. 1 ~\
July 26, 2005
Page 31 of 286
;
OPERAtING REVENUeS .' ._. 1---- ... '.__
... -.- ..L-. _ ___
Line # ~count Name .
-.--. ~ --..
~per8ttng ~'IS .. _ f-.. i
, Waler Rates I
2 Fire ~n -.-.
3 Fee.$ $. service - -'.
4 'lntersst lneom. -
. :g:EE.
'. 6 TOTAl.. fun, es 1.5,'
.. -=-1 '- '.
NON.oPERATINO REVENUE S
"7 Interest InCOme . - -
8 InterfUnd Tranafer
9 Proceeds from uk ,0; tiScl$ .
10 lea_ 8nd extracfiOn fee$
11 ConstruCtion grent::-J
__!2 PmceedS~~~~_..
13 Equity CMtritiutlon
".-::=r==:....;.- --. - _....... -- -....-.- -....-. ...- .-.
-.-- ~:.~~Aa.(unes 7~1:ij~ --.---..T..,. 4,615.160 J~.~21.600 "211~'OOO ...!~~3.~
"E~~ .. .. -;.-- -.--.-t- .... - - ---.
NON.OPERAllNG EXPENSe-,~ - -- ..-., .. -..... .... --
.. '=:J~' - .-:
..! Debt Rep~J..:J)&t .n. ~.:: '. - 520,042
38 Capital Improvemet!tAcqusition of~'''~qui 13;'"SS.,h155 21 699,200 4f.534,~ -$~.791,OOO
39 Intei1Und Transfers ~~. . _....... , , .... .4.252.100 14.858.600.. .10,000,000 11),000.000
40 To General Fliilcf'- ::.:.:c " . 1 -t--... 113.500 ,113.500 .!!3.500 - 173..000
..~ TOR~mentR~._ __..; '" 4.2~~.!.:~.. ~!252.!.~~,252.!~.O~-,rZ52.100
~.ToEm~.F\JtIt~ ..... __.___
_ 43 o.preciatione~~~ IfmO~isset.~tl).. .... _.._.... '" ___......
" ".. 44 Other.-1
~ TOTAl Unec 37~~ ..... ,..: -~!2S8.a55 '-"f?983.400 " ~.960,100'SiI736 642
:
!
,
1 2 3 4
. - ...- FY.~ k;t . FY 06 _t;~:- Ev ~ es.~_ 'j5i'07 E&t:
28~34.000 31~~.OOO iZ.3t!3,ooo ~~~~~05
,--
'.
....i
1.862,000
434,328 _.
1 782.200
434.328
1.ne.500 I-~I
434 32s 1--
1"."-
36.500 2,080 0
30.566,828 33,506,~ 34.593.~2~ ::;i
:
. .;.=1----.
363~ 363.o<J.<J 383.000 36~.009
4.252.100 ,..14.858,~. 10.ooo,ooO'1i\000.000
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Agenda Item No. 17G
July 26, 2005
Page 33 of 286
APPENDIX 3 - CAFR
Agenda Item No. 17G
July 26, 2005
Page 34 of 286
Collier County CAFR does not distinguish between Water and Wastewater.
Combined results follow.
Agenda Item No. 17G
July 26, 2005
Page 35 of 286
COLLIER COUNTY, FLORIDA
WATER AND SEWER DISTRICTS
Subordina~ Debt Bond Coverage
September 30. 2002
A compul..ation or deb< COVetage Cor !.he Districts' subordinated debt for fiscal YeM 2002 is as follows:
County
WaLer and
Sewer
Operating R:venuc.
$ 50.143.593
lntc:tc:st income (excluding tpo:ial usasmcnt interest)
1.100.665
57.244.258
Gross revenue
Opcnting Cltpe.nse$ bef~ dcp<<:<;iaciod and amortiution
Net r~vCl\ue
31.5'29 .529
2S,714.m
21.751.151
System devdopmcal fce.$
Speeiall.S$C$Sment ~ (includint interest) (1)
Total amount availa.ble for debt ierYice
Subordinated debt s:crv~ rcquucmenc:!(2}
Total debt service rcqui~ (3)
Bond Covc.rag.c compuwion (4)
1,538.5oa
$ 49.004.388
S 3.414.068
S 11.745.097
1.OSfh
Boad covaage c::omputt.tion (S)
417CJJ '
(I) Proceeds from spo::ial assessments I~vicd upon ~ propc:nics bcnc:fitcd by d1e projecu funded by the
subordinated debt.
(2) Amount or principal and iatefC$l d~ in lhe cum:nt fucal. 'fCN ror subordin&tcd dcbc.
(3) Amount of principal .nd intcn:$l d~ in d1C c:.u.m;nt rlSal )'eac rO( boch chc: senior a.ocf"subordinalCd
dcbl. ..
(4) TOtti amount av&i1&blc for debt seMce. divided by the annual debt p.tymenl. rrll1$l be grcat.ec thai
J2.SlIo pursu.nl w the rcquiremctl~ of the Wutcwater Treatment ..nd Stocmwak:t Man.a&emca.t
Revolving Loan Fund Agn::.e.m<:llt. '
(5) Total,l.IUOUnt available Cor debt seryic::c, divided by an additional debt acrvicc n:quitemcnts. must be
p-catcr (ban t IS4lJ. This includes the: rcvcn~ bond requirements for boch Ihe senior a.nd su.bocdinatc:d
County WAler and :>ewer deb< p~n:Uln( to the. requirements of lhe Waslewatcr Tn:al.mc;.nt and
Stonnwater MAnag~ Revolvingi~n Fund Agn:em::nt.
Agenda Item No. 17G
July 26, 2005
Page 36 of 286
COLLIER COUNTY, FLORIDA
WATER AND SEWER DISTRICTS
Senior Obligation ~ond CovCBgc
September ~O, 200t
A computation of debt coverage for the Districts' subordinated debt for fiscal yeat 2001 is 1.$
follows:,.
System devclopmc::.ot fees
S~ auc:n....-t proceeds (including interest:) (I)
Tot&! amount avilltb1e foc debt service
Subordinated debt service requ.i.rew:o.t (2)
Total debt service requircm::!lt (3)
Bood <:overate computation (4)
DODd coverage computation (5)
County
Watcr :and
~!:wcr
S 45,934,247
10,081,739
56.015.986
27,169,24&
28,&46.738
16.696.26S
1.636,13-4
s .c1.179.B37
S 3,208,190
S 12,185.089
1,471%
l87%
_r...
Operating revenue
4t[crc:st income
Gross revenue
Operating expenses before oepreci:ltion and amP~tioa
Nel revenue
(I) Proceeds Crom special usasmCDU levied Upol1 the properties bc:Gefitcd by the projc<:ts fl.lDdcd by the:
subocdin:Lled debt.
(2) Amount of pcioeipal and interest due: in lbc curralt f&Sal year (or subordiDatcd debL
()) AloouDt of ~ and Latclcst due La the C\In'l::Qt [1$C.&1 year for boda the senioc a.ad $Ubocdioatc:d dGbt
(4) Totl1 amount available (oc debt secvice. divi~ by lhc aanual debt pIo)'1DCOt, must be: greater th&a 12$
percent pUI'$\l1lU to the requirements of ~ WutCWlta' Trealmel.1t and StocrnW"atc:t' Ma.nJgemcnl.
Revolving Loan FUDd Agrccma1t.
(S) Tot1l &mOunt aY&ila.b1e for debt service, dividcci by all additional debt servjc(; requircm:nJ: nmst be::
Ct"-tcllhm liS perccaL This includes the revc:hue bond requitanc:ats foc boch lhc =oc aDd subocdiDJ.led
CoWlty Water and SeWCf debt pursu.u1l to the reqWrcnxnts of the WlStew&tcr Tr<<::atmcul a.od Stocm~tc:t
Ml1Ugc.mcnt Revolving Loa.n Fund Agrcancn4
APPENDIX C - SANITARY SURVEY REPORT (S)
-
Agenda Item No. 17G
July 26, 2005
Page 37 of 286
Agenda Item No. 17G
July 26, 2005
Page 38 of 286
Will be provided at a later date
Agenda Item No. 17G
July 26, 2005
Page 39 of 286
APPENDIX D - UTILITIES ORDINANCE
" ~2421J~
re~ · ~
: C.1. J '6 ORDlNANCENO.20U4-..1!.. :~
... irrrnJtl\ II , .
'\ NliI'W' COLLIER COUNT'Y UTILITIES STANDARDS AND PROCEDUR1:',.; _~
~4) ~ RDtNA.NCE RE.ESTABLlSHING AND AMENDING THE COU.IR~;OOUNn(
~1&Dl.e. ILlTIIo:S STANDARDS AND PROCI!.1)UR~S; PROVIDJNG FINDiNGS AND
PURPOSE; PROVIDING TITLE AND CfTA TIONo PROVlDfNC FOR
APPLICABILITY; PROVIDING FOR INCORPOIlAll0N OF PREVIOUS ADOPTtiD
WATER AND \V,\STEWATER ORDINANCES A!\iD RESOLUTIONS; PROV[[)ING
FOR SERVICti: A.REAS OF TH'E COLLIER COUNTY WATER.SE\'VER DI&-rRJC'r;
PROVIDING DEFI~1T10NSi PROVIDING FOR I'OJ~ICIES AND STANDARDS;
PROVIDING FOR CON!,'TRUCTJON APPROV,\.L A~D DOCUMENT SUBMISSIONS;
PROVIDING FOR OBSERVATION OF CONSTRUCfmN; PROVIDING FOR
UTIL11US CONVEYANCE PROCEDURES AND fORMS; PROVIDING FOR .THE
CRI~A'rION AND MAINTENANCE OF THE COLLIER COUNTY uTluTrns
STANUARDS MANUAl. FOR WASTEWATER, P01"AULIi: WATER, AND NON-
PO'I'AbLE IRRIGATION SY~TElrIS AND FACILl1'IES; PROVID[NG FOR
''ENAI.TIRS AND ENFORCEMENT; REPEAUN'C COl.LlER COUNTY ORDJN;.NC1~
NO. 2011-51; I~HO\'IDING FOR 'CONFI.JC'I' AND SEVERABrLlTY~ PROVIDING FOR
INCI.USION IN THE CODE OF L.\WS AND ORnlNANCESI AND PROVIDING AN
t:FI'ECnV~ DATE AS 8J~CJFJED IN SECTION SIXTEl!:N, EXCEPT SUDSEC110NS
9.1 AND 9.2 SUAU,IIAV\i;A UELAYED EFncrlvE DATE 0' JULY 1,1.004
Agenda Item No. 7G
, ' , " July 26, 05
Page 40 of 86
.
,1
-."
W1IEREAS, Ib~ Board of County Ce>mmislionerl of Collier Counly. Florid... llS lbe
Ooveminl: Body of Collier County and IS I~e Bx-Officlo Go~ernjng Board of tht Collier
County Wtler.Scwer Dililrict and the Goodland Sub-Ddtricl, ";1. de~ennil1ed that il il ill the
IHlst interests of 1M public's beillth, Jlrety, and wolfare to establish 1M minimum utilily
requiremcnu for development of potable WAller. wlsteWater, and non-polllblc irrigalion water
.sY'lenu or poniol1(s) (hereof withIn lbe Water-Sewer District lUld tile rema.ining
unincorpnrllCd arel5 of Collier COURt)!, .f[orida.
NOW. THEUFOIK. BE IT ORDA.INIED BV THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, .48 1'"1': GOVERNING
BODY OF OOLLIRR COtJNTV, FLORIDA, AND A.S THE EX+OFFlClO
GQVERN[NG BOARD OF THE COLI.lRR COUNTY W,o\'J'ER.S~,:WER DISTRrC'l'
AND OF THE GOODLAND SUB.DlSl1UCT. lnal a new, repealing lIDd llupersedin8
Ordinance be lIdoplCd as follows:
SECTION ONE
Slr:CrION TWO
SECTION THREE
SECTION FOUR
SECTION FIVE
SECTION SIX
SECTfON SEVEN
TA8T..&OJl" CONTENTS
FINDINGS AND PURPOSE
TlTUS AND CJT A TION
APPUCAEULITY
WATER....ND WASTEWATER ORDlNANCES AND
RESOLUTIONS
SERVICE AREAS
DBFJNITJONS AND ABBREVIATIONS
POUClES AND STANDAJU)S
7.l UIIUt)' Servic:e~ A"'llilabilil)'
7.2 f'DEP Pmmlts
1.3 DIll:i,1l ud Porfgrllllrlce Stalldard Manuals IInd Pu~;Ci.ljon.$
7.4 O...mer's RasponsibUitios to Mailllain or RCPllir Intl:ll'im
Ulility FlleiliCic:.
1
Agenda Item No. G
July 26, 2 5
Page 41 of 6
7.5 COlI5lruelicn ObS~y..liol1 alld Inspeclion
7,6 Udlilicu Ccn\'eYllflce and At"ccJlu.ce
7.7 Utllily Easemenl
7.S DaUdin!: Permits - C'".onncClicm Pet!> llpd Cbnrges
7.9 Cerlificalc6 or OCCUpllllC;'
SEC'nON EIGHT
CONSTRUCTION APPROV AL.& DOClJMENT SUBMISSION
8.1 General
8.2 ConstrucLion Doc;\lments
8.2.1 Preparation of Consll1lC:\iCln Occumontll
8.2.2 Pre-&lIbmittal COl1f~rem::c
8,2.3 Submittals
8.2.4 Schedule of Fees and Charges
8.2.5 Pl"ni, Speclnc:allons and CoSl Estimates
,8.2.6 Conneclion 10 Non.County Owned
Wllsrew~tor S)'sllolnlS
8.2.7 Riihts-of,WlI)I Permils
8.3 Fire Conlrol Distrlct Approval
8.4 flats
a.s Ulilitie.s Performance Securll)l and Final Acceptance ObllGlllions
CilIA Bond
11.6 CCllstruaion Commencement
g,7 Construction Document Modlfi'ltion
SECTION NINE
CONSTRUCT'[ON ODSERV ATION AND INSPEcrlON
9.1 General
$1.2. Pre-Construction Meelint
9.3 Constnlclton Schcdlllhlg
9.4 Con UNclion Oblervlti<ln and ~nspcclion
9.4.1 General
SECrJON TEN
9.4.1 Conslructionlnsp<<til)nli by County RepreAmlltiv~
9.4.3 Preliminary InspecUoIs
9.4.4 Final Ulility Inspcclionl>
UTILITIES CONVBY ANCE POlleES AND J"ROCllOURi:S
lO.l Oeneral
10.1.1 ftocablc Waler Line Ac:c:opaa/loo
JO.I,2 Gravity Sewer Line A..cowxancc
10.1,] Lift StatIon and Forc~ Mill,. Ac~plal'l.C'e
10.1.4 Non-POtllblc Ttripllon WQIe( Main ACl::!lptl.ll'lce
10.2. Conveyance Documents
10,3 Jnlpllc:tian
2
Agenda Item No.1 G
July 26, 2 5
Page 42 of 6
10.4 Record Drawines
10.5 B~cleriat An;llysis
I (}.6 Final Cost.
to.7 Tesr R<:liult5
10.8 1.lft Statien Submittal~
10.9 Recordmlion Fees
10.10 Reapplicllio1\ Fee5
10. II Pnilure: Ie Mccll)e~d'im~~
~CTION ELKVF.N
SEC1'fON TWELVE
AMENDMENTS
PENALTY AND BNFORCEMEl'IT
SECTION THIRTEEN ~'ePEAL Ofl ORDINANCE AND RESOLUTIONS
SECTION FOURTEEN INCLUSION IN THE-CODE O~ tAWS & ORDINANCES
SECrlON FIFTEEN
SECTION SIXTEEN
APPENDIX A
CONFLIl."1' AND St::VERABIl..1TY
EFFECTIVE DA TB
STANDARD LEOALDOCUMENTS
St:CTION ONE: FINJ)INGS AND PURPOSE.
1.1. It i1 the ll\lc:nt And purpos~ of this Ordinance to promote. pro!cCl, 11lld Improve lhe health.
safety and welfilTe of 111f:. citizcns of Collier Cr;lunty b)' 11\8 CSI~bli~hmQllt, 11.:rein. of sI3rl(lard~
and procedures for Ibe ~oJl"ruclion, devclQpment, m.intcl\ancc, ill'll,! opof3tiUil of SlIt'll,
~liablc: potable wl\t~r, nan-pOlable ilTigatlon wllter lod wnlcwater sY$tems thaI meet .he
demands of Collier Counly's la1\d dewJoplPeIll Inll populiltioD Jrowth alld that ure
,onstruclc:d. developed. milint.1illCu and ~ratcd aceordinll 10 .he IlleSI ICChnlclll ind
profeuional 5111ll.dards. Tlus Ortlinanc~, therefor!:. CSl.3hlisnlSi m;lllmum utilitY reqllircmc:ms
for dt:ve:l~pmcl'lt of potable water and nOll-polllblc ;rrI3~tion wll.tel' Iro.n~miS$loL' l111d
dl~lriblltlOfl and for WlIslcwater collcctloll lAd Iransmi55iOn 5y~teTm or porlion(~) Inel'o!lDf
w~lllin the l.lllUu:orporated areas af ~Uier Cool'll)', Florlda. Tills Online",,,e attempls to
ensure tba.!. with respect 10;,11 utilit)' construction performed, reliable al'ld ecollomical utility
servicl:s shall be provided lO \I&eD of ,lie potllble watlllf. n<ll\-pombl.c irriplinn waler lind/or
wlIstewau:r systems wilhin Collier Count)'. All feqUjT~ls let fOl'tb hcn:in ~re in
ccmjuncliol'l wilb I1'ld 5upp\emenlBI to lhe CoULer Calmly Land Dcyclopmonl Code (lne
"LDC"). to Ibe Collier Counly Growln Manlgcrmnl Plan and to sllcb other applicll.blc CamillI-
Count)' OnHnlll'lCes. ROi,oluIlrms lind/or f~gul.lions as are rclllli:d Ie hmtl ~v!llopml:nt tlnd/or
lubc1i"i~ion or lands witlllll Collier County. Tile aclmtnlsl1/1d...c pro<:cdun:i, standards. lll'ld
palicic5 conlaincd hAltein. liS they a~y IQ th.e: c"te/l&ian and/or development of pctuhle Ilnd
non.pol8blCl Wlllt:r lind/or \\IUtowatar ~)'510m. and utility sl!lrviees, snaillIke precadcncl:. if jll
conflh;'. o...or Ihose conllint:d iro lb. L.OC. Tha P\lbUc Utilities Division 51111tl revillw
Dlvlalia.,~ (He Stlndards MlmLllll for UlUll)' Devilltion Forms) from rhe ItIlndur\ls lllld
procedures esllblis~ hcrc:in. wbien an broll.bl about b)' illnovatiw .PPUcIllon. or dc*j~ll
prineipllWfOlutloos 10 il'ldjyidua' pr<;oJecls. Ujlon such tI!Iview. UIl!I PUblic l,J'ilLli.::~
Aclminiilnltor or delliln8e, .t his discf8lion, may approve such Deviatlons, provided IhiLl such
DCYL.llon shall not result in syslem/{ar;il!ly operation or Q1AinlAlDanc8 pcrfOtmance thai iF; le55
3
Agenda Item No. G
July 26, 2 5
Page 43 of 6
th;)n tholt whLcb would b<: prcvilk:ri in Ibis Ordinlnc~ if recognized, ACC'apu:d &lllnc:Wd~ life
Llsed, lII"Id prO\lidcd funl1cr that ~uctl L)llvillion promGt"l. pr(llc<:tI, and iIYlpfOVC~ the tJ~llhh.
iafel)' and wclf;lra of ttle ciliz.ens of Collior CQllnty, Floridll. Requealed Dlwi:l.IiGI'IS from lhc
rcquil'ClllelltS of Ihis Ordinllnte shall be rerem:d 10 thc l>uhlic Ulilitil'l> Admlnif,lrJtor or
dc~iinllc(s), All Dcvllllon requllsts Inuit lDdllde all inlpaCI Illl[Cltlllot. API)C.IlI. to rejetted
Devialion requesls shall be mailcd 10 Hlc PLlblil; Olililles Engineerlflg Direclof of tile I'ublic
(Jliiitla~ Di"~$inn.
1.2. The Collier COlInty Water,SCWl:\, Olstricl. elllLblistle4 in February 1977. b)' the Suan.! of
County (;olnmissiotlcr.s. was t'l1latcd for lhe: following purpose~
I) To develop liltfe, rcliabln ..nd flf1mncially f,elf-supponlflg potable wlllcr llnd
wntcwaCer systems. which will meet the waler IInd willle;Wlllc1 needs Qr Colller
CoUrlly;
2) To ClUllftl thlll uisting and fUluro potable wllter andlar wlIstewater utililY syuem:s
are c:oo'lructed, operated IlfId man.aGed lit the minimum c:t>>1 to user:> lInd wilh 110
dirccllindlrcf.llinanciallli d (rom the Gcn~ral Fund; 4nd
3) To develop pGtable Wl.ler Itldmr waSlewater $l'SlCn\$ requirLng ct,e molt reasollable
operatltlg Bnd mainlcnatlC"c. COib>.
1.3. PotahlCl Water Spcc:itiC:llllonJ, NOIl-Po-tllhle In'i8ation Water Sp'Ilcifiauioos, W.lI.itcwalcr
Technlcal Spedfications, and StBtl(lard Details arc now included in (f1c Collier CounlY
Utilitiei. St1&ndard~ Manual, Ily reference, the l-\Jblic Ulilities Admini:nralor or d~5i.iflCC $hllll
publi5h the Maflu411 and should l)rQ~ide rur P='iodlc rc\lisiorl~ IhtlrclO, conslslenl with ~llOd
engineering: practices and standardlli,
S..~crION TWO; TITLE AND CITATION.
This OrdinlHlce ,hilt! be 1ctlown and lllllY be i:ited u the ('..ollier County lJtilLlics SlAndllrds
and Pror;eQlIrc~ Ordjnan~.
SEctION TII REEl APPL1CABIUTY.
Thi. Ordinin.ce shaU be llppHeabl~ 10 developmcnl actl....ltles within 1I1e Collier Cuuflly
Wal~r-5e""~r Di,lri,l., the 000d[1f1C~ Sub--DllIuil:1 and tbll rcmainilli: ul\incorponlCcd area, of
Collier Counly, Florida. FOT" ln~ ~ul"!IO/les of simplicity and brevity. refcrcnce$ tlcreln to lbe
Comer COUnty Water-Sewer Di:>tricl shill also refer 10 lho OoodlamJ S\lb-l>iRtricl. where
appropriate, as the Conle1.l reQulr~s.
SEcrIONFOUR: WATER AND WAS'TEWATERORDINANCES AND
RESOLUTIONS,
.-
TM Board orcol.I....ty Commi5l>icncrs. at:tln~ in ltleir regullr nplKily as well IS lheir cApucil)'
u the: &-omcio Goveminl Board oft~ CoJll.rCouRI.Y WatClr.Sewer DiJlricl (including rbc
ODOclfand Sub.Dblricl~ h&$ adopted other Ordinances. OrdLnUI;'fl. amelldm!nts and
RC$ohlllOl\s ClI'I behalf or 1M Counly Ind Ihc Di.tri~l. Such O.rdlolnl:CI. Ordilllllm:
amendlMftlS alld Resolulion" lCllJetloe:r ""llh all luch duLy adopted 511b$equet'll Ord~lIances.
OrdlnlllC:Cl amcmdmel\l.S and Resoh.lllotls apply f\.llly c~eefl~ to lhe extent, it any, Ipl!citlclLlly
Iond cxprc"ly sllpcrtoded b~ this Ordinllllce.
4
Agenda Item No. G
July 26, 2 5
Page 44 of 6
SECfION FlVE~ 8ERVICto: AREAS.
Sol. ~ fo~l()wll\1 ret}lliremlltllS shal1lt'P~ with respect to llle Coun,y'. rev"=w of miLily
cOI\&lruedcll within the: !)islricl' ~ ~rvlcc ArelJ ill [be "I\inc()rp()(~led ;In:1I:
~.~ COIISlru~lioo of 1I1111l!liry ~)'s[ems includlng. bUI Dot 'irnil~d 10, interim \llilily systems.
slulll comply with lhe '-DC, wilh this OrCinince. mnd wilh llle Collier Caun1)' lMilills
Standard. ManuaJ. which is ncreby adcpted by the Board :IS pat1 o( 1I11s Ordin:UlCe. The:
Pella.ll)' provisions or this Ordinanc; appty cqlJally 10 Ih~ Manual and 10 l:l!.hioils InCl1
w,cOIpOfated by reference illlO Ih~ Manual.
5.3. Utilil)' (Ollltl"UGlion sball nol commence untit the minty ccnHtrU<:OOn document~ For ellCh
plojeel have ~en reviewed and approved by Ihe Engineering Rcvi\:w Se....lces [)cllarrmcnl
Direclor (CGLlllty Rnginee() 0' dclrigllee and tile Count)' has ~rellrlC1' l$1ued 11 wrin""
authorizalioll to COllsmlel COrlYClY~l1cl: of 'omfll~ted interim utility &y~ICm(I) GT pnrlion(s)
Ihereof wlthin these cenirlCllled or other approved service arcar. shall be in eomrliancc willi
tha LOC. this Ordinance. and Itlll ('.oilier CQunty Ulililil:s Stand.(l.rd~ MtlnllllL
::5.4. Prohlbiled CcnncClLoni.
Refer to Ihe latcHI revi.ion of I~C County CrOls-ConntICtioll Ordinance as \\lei] u St:elions
5.4.1,5.4.2 And 5.4.3 below.
S.4.1. WaJleW.IIICr Bnd Slonnwlller.
No individtlll~ or entity ownLng, poS$c"ing or naYlng ClJl1lfOi (If uy btllldillg. slructu~e, (II'
Olher improvamlIDls wilhin IIle tl~ exiilinir DiSlriCl s~lIl1 ClIUlle, pc:rmit. llllo"". or .$L1m~r lIn~'
liolOfP\walCr IIndlor any wlter used for lJTi~;ttion 10 be dl,cllargcd illl<1 111)' llllnitAfY ~cW\;r,
drain. deaooul, or mlUlhoh:. tlull is connected 10 the I)istricl's WlISIClWl1ter (ollc:aion sy5lem
(dlreCI discharge). or uno any O1her flIciLlIY 11111 is eonoe<:\Cd into IlICh It:wer. dr.,in or
Mlnhole. (indin:ct dillCharge). Only WllIlcwatcr rrom toilets, l&yatoric., sinks, balhtubs or
showers upon or in said premises shall be dlsdl&rged in10 lIll)' IUl:h iCwer. druin or n\lI.lhol\:,
5.4,2. Yard. Garden. Private StoTlnwatcr Drlinllie MLcitilics.
No yard d~f1inage. prdell drainaGc, nor Ill)' 5lcrmWlIlcr, includinl rr()tTl a dr..inlli:~ linc, roor
drain or downspoul, shllLI disctu1rce directly (W indlreclly inlO the Counr.l"~ 01' the DisHiet' ~
.....lutcwlll~r coUe~iiQn s)'Slern.
5.4.], l~peclion - Correction ofVicllt10Tl ComlLlion.
AI'1 ~Ulhori'ICd represenlllLlve of lbe COUTlty m~y enter pn:mbles (except llJl ~wl'1cT.oc:eupied
residence) In determIne whc:the: allY violation or .yb8cclion 5,4.1 or S.4.1 C,l(i'CI. IF il is
do~rmined [lull lucn vlolallon ;lIoill&. leaff shllll provide: "",rlltsn nolic:e to the owner or
oc:cLlp,nl ofthl! p...lellA) direc:llhet all ~udl violatlon.s be Clorrecllld wicl1in thirL)' (30) dLl)'S
of reeelpt of l\IOn I1Cltk:e. end Wllhin. Ihll ItrirlY (30) dl)'$ period. the notic:cd owncr or
OCCllpant IhalL notify Ilaff ill writing thlt cleh such Viofation bas ill rlicl 'Deen correcu:d. Ir
'iliff does not receive such notilic&.ion or carree.io. wllbln U1a~ thirt)' (30) day period. ~l.ff
may correet.lI ,111:11 ...jOJlljol'1~ subje-clIIO provldln. Inc ClWnc=r Qr occlJpant not len tben thr""'"
(3) addition.] W(lrk da)'t wrirten nolice. NOlice 1rom me CoIJIlI)' or DlsltiCl may be Tellhll~red
mail or by an)' olher lawful means or delillory of 'lIch notice. addressed to lhe ()IlIner (or
5
"
Agenda Item No. 7G
July 26. 05
Page 45 0 86
(lCCupilnt} liS lhe owner's nune lInd address lhen lIppcu OIl lhe Ulel'l 11I0St CUfrlll11 IIlK
,n5essmcnl rl)U. In .hl: evollt Coul1ly slllffcom:CI~ cite ",lollllionh). lhll Coonl)"s mil)' record a
lien agai!l5.t the rch:vlInt prem~es, wh.id~ !len lhalll'un willi the land ~I\d muy be forc:closed
upon or olherwis" 00 I leclcl1 by 'lufr,
SECTION S[X~ I)EFINITlONS AND ARRREVIA'rlONS.
[. t>ennitlons.
for the purpose5 of lhis Ordinance. the followinr; lerms. phra5~5. lI11d words. shoill Bll...e the
mClnlngllpccificd berein. When not inconsistent with. the context, words in llle pre~nllcns~
include fUlun: CCl\~. words used in rbe lingu~*t number include the plural, and words tiled in
the pllJral include rile 5Ing\Jl.1r. "ShAll" is Ilways mandalory; "llIay' is dlscrcliol'al'Y.
Definilions i1'llhis Ordin;ance s\~pe~ecll t1efinlllOlli In tbe Stil.nd&rds M~nuall.U tf1c exttnt or
any confii(1 t>>tween ll. definition in lhis Ordinance and II. defilritiCln in the ManlJal. No
defillitim in lhis Ordilllnce allllH be construed te> ~ffecl any definition ill the F10ridu
Admlnl6ll"llli...e Code or MY other Il.dmirri~lr~H"e I'llllulltion ot' llny ~upllrlor illJ\lc:rntllt:!nl
i1~em=)' unless such f..A,C. or ocher gavllmml;nlal regulation's dermilicII clIn J.awfully be
cx.pandod, contrlclCd or Olherwise amcl\c.led. by Ihis Dlllinance aI'ld me apparent jll~nll)f the
cQ"t1icting definition in Ibis Ordinant:c Ii; to amend the scope or applicl1lLOn oflhe respective
conflicting clIletioT d~finition, Many 'Or the!IC definicions COl11aln r.ObSlll1live I'rollj,ion,. The
fil:l ctlal a 5lJbstantiv,", pravialon is conlloined In a definllion dCcllIlOI affet:t flllll1pplicabilllY
of eacll sl.Id, 5ub5tanli...t: provision.
Adequatl Pub/it: Futilities u~t~r. W(ilb:l1 v~rifl~atiQll prior (0 submittal or conllrucli!)t)
documents from Q/!OIJuJr utility (including II m.unlcipal own~d or otl1er governmel~1 OWI\OO or
conlrolled ulilily, or privflloly owned or ftllr'lchised ll~illty) Ilnl d~morI&lrntes that concum:ncy
req,ulremcnts i1re titnlly complied .....i.h- Thi~ letler 4hall clearly \lerify tho type Ilnd caplllcily
of pOlable water. nOI1-potahle irrlgllllon Willer IInc!lot WllJtew;lter utllily ~crviccs Itl;'Lf j~
available 10 [lrovide emch such utility cil.paclty lO serve Ibe spcd1ic strllcllJTe, building or Ilnil,
.lIS weU a~ IIny rutrtctions. c;ondilLons and requirements lhe !Jiilil)' lna)' 110\115 regarding
iUllllncc of Ii binding wriulln commilment for Krvlce to Ilac:n l\Jch proposed Strtl(t\lre.
buLl.,Jillg llnd unit. Refer IU Sl'bseclion 7.1.6 hcn:in.
A.\ltdlabilil}' uti,,; Wriucn documentlltlun stllln.c WOller and/or w.war service j~ IlVllilllblc
to lhe applicant via then Cldstilllllti Iity Ilnu adcqtlate 10 sel'\'e each sucb strucum:, blJildiul:
and uniles), This wrille" dOl:IUl1ef111uion mUll be providod by designee of lhe respecUve:
IlliIIl)' (Including the District wilen tile Distdcl Is tl>> provider); and no l:uDr~n~e is i.uucd
Ihat lIdeqUlltc t;apacl1y wlll be lIV11U.ble to the rupllCtlvc structure. building and unll until
each sllCl~ Ilruclure, b\lild~n& 11l1d ulllt h.as recc.l~d ils ~apllcily comD1llment for tl111 rcspl:l,;live
uclllty Hr\'~;.
B_rrl: B<l4lrd afCount)' Commi~lJiOl1.gq of CQllit( Counl)'. Floriclll. U the OC'oI'ernLni Body
of Cr>lHor Collnty. Placida. 1I1ld. whc:t; appropriate:, a5 the .EJ(.Officj() Qovemln, Bomrg of the
Collier COl.lDl)' Waler-S~wcr Di~lri~l (inc;luclinlllhc Goodland Sl.lb-Distri.C) and eVer)' oll\~r
lUlure sub-dislnct ohlle Dinricl.
6
Agenda Item No. G
July 26, 2 5
Page 46 of 6
Colli". Clllully Wlzllr-Sflwtr DJltricr (CCWSD) or Diltrll:J: An jndc.~enll>peei;ll dislrict
wilbin Collier County I~I is dcfuled In the Speci;ll Act, Cl1;lpcer 2003-3S3. n 11Ich Act mil}'
~ ,1I~mled. alld is gCvefllod by lhe Soatd Gf Cou nt~' Commis .ione rro.
Com" County Wafer- Wall,wafrr AmllDril)l: A tivc-mcmba- Authorit)' ~Pl)()intcll U}' rhl!
Board of ClXlnty Comrn~$sio~rs (()nsi'tillg of chre.: technic:lI utld two IllY membcn. h;.Lvillg;l
wide r"t1~ Qr regulatory authority rcgo.rdlng the ~pp~ovBl of r~tes., scrvic~ llf{!a bl)l.nd~,.ics.
clJSton'ler/utilily di~llutc:s, and qulllil)l of icw,'ice iUllcs relllted to certificated pri1JAte. in~1:SIUr-
ownllLl water and wutew~ler utilities operating ill ,.mincorponned Collier County and the City
of Marco 1,land. A Collier COllnty BlJ&rd {Authori'y) crealed ~noi cmpowcft(i hy Artiel.: Vl n
of the Collier COLIn I)' Code of Laws and OrdiOBnec~ (the same beinc Ordill..lleC No. 96-6. ;ls
amended),
Cllmmullity De"r/opm~rtf "atl Erlyjr(mmmtGI Str~icts DivislM: A Divi,.lIn of CoIl iel'
Ccunty wllich. for pllrpLlSCS of \hi~ Ordinance, sbllll be n:SI)(lIlSlblc for pcoce6Sing. rr:vitsWing
IIntl lLllprClving potable waler. I\on-potable llTIgltion waler andlor wa.'~\oVuter ccmatlUClion
requests. pursunl 'Q Ihe term~ al1d eonditiCll\S of tl,is Ordi['llllcc: anti/or the LDC, including
the englncering eVllhlllliorl, design ..nil CClJ1'tnlclion or potable wiucr. llOn-pOlob1l. irri~lltio[1
water and/or W~SlcwlltCr ulility syStems. A& outlined tit-rein, nnd as wt forth in the LDC. the
"CornmuuilY Dc\'clopll1Cnl Ilnu Ell vI rollml:lltal Sen'il;C$ i\ciminilllflllor" sb&1I 1J1e<1n the
Engineering Re...iew Services DCpIlI1nleM Pir4lclor (CouIlty Engineer).
Cun$l,.uctitJfI Dncumllrr': Can.&lru<:lion drawlncs. technical l>peciticlIliom. hydraulic dcsiGll
rcporu, l'kllidll D~~rlmel\t of environmental Protection ("'FDEP") Perrnil Applications, I'l~Ls.
where required. 11m! other supj)()rti...e dQ<;lJtnelU!O and data nec:e,sary 10 permit rhl: re\'lcw of
proposed potable WI lilt. l1on-potable irriglltion WilIer anel/or wasto....~tr.r ~y'lem llddicion~.
cluensions IIndtor improvemencs. An l:.n~iTlecr', Report must ill so be inchJdw, wilh A SUmJ11;Lry
of lhe proJlo~d ronstrucuon, induding cOl1noctiotl$, pnll~lng, assumptions. llnd e"imolcd to!;;L1
flow&..
COIlSlrl4clion 1)(1CWIItlll Mod~fdiDn: Revi~ed conslruclion doc:umcl1c(s) thilt im:hale ..
wriucn techni~l d~scnpllOl'1 or 111\ m(l(llfic.1tiol1i.
ContMf:IOr: Indivillua.l. pllrtnership. .senc)'. orgllniztlcion, corporation or the lik~ licensed In
tAe Stale of Florida IQ perrorrn l.Illderground Ulltity construction in Collier County.
Co,urac""" GloItlrAlltt,: A Cl)l'lstrllclion Ilnd Maintclllllll::e Ailrccmel\l ~Ullrlln\l:e' an streets.
si<lewalkS, stonnwoille.r S)'lilCm, etc~ Cn!t all sllbdivisil1l'l de.Vlllopc:tS are re.quircli 10 provide 1L11Jn!:
..... ith tne llti Li tiu P';rfQtl1'l.lln~~ Secu thy g~. rUltea.
C<t,.nl}l: Includes Collier County, llle B~ of CCl~nIY Commissionl:l'S of Colliu COllrll)',
Ftonda, andlo. lho 001)' au,ttorized 'taff. Ilel'l or reprc.scntatlve ac:alnc Oil blshlllf of lhe: 1l0ilrd
of Cou.nl)' Commislionerc, 10 3upcI"viie UndlOl IlUInlllle the opcratiGl1s of rhll publici>' owned
pOlablll ""liller, non-pollb~ wate.r Ind wutewlIler systems. tII1d whose duties Include
adminlatrath:m of lllls Ordinance. Shall 11110 l.c!ude the Di~lrlcl unless file specific thc CClnlel\~
does nat n::.sonlllbl)' permtllu~11 corlltrllcliotl.
Ctllllllly Inrpfd"f': A lepresllntaliw: of Collier Counl)' de5lgnllcd to prQvidc p.:tio<li,
inspection of all potable water, t1on-pCl(abtc irriaaticm water and/or wlUlcwalcr s)'Items.
7
Agenda Item No. 7G
July 26, 05
Page 47 0 86
C~Uftrl vr/Iily EIDII',JI,n, (CUE); An ellsemcnt COrtWYL'<.Ilo the COUIII)' ;lnd/or 1)l~lrict 10 L1~C:
l~ncl ([)[ I1pcralion lIntller n1llln\ClllllM:C cf utilil)' ')'Item. anuro!' utllll)' fl1cililie5,
Cut'omu: mC:lns each residence, aparlmenl ~il, condominium unit, office or olher unit of a
bIJildin~ or 'llllchm:. ClllCb [nobile home, each recrllllliollal vehicle, arc.. Is one (l) customer. A
duplex is two l2) cllston\Cf3~ a triplclI is lhrce (3) CllstClomers. etc. (;'lIstllnler docl not rdl3l'Jg
c;l<:h individl'1I1 ~I!m:d.
/Jl!'Itlloprr; ,6.ny IndividIJal, pl71l1ctablp, corpcnuiOll, owner. 5ub-divider. includiJ1g a
i:o\'l:rnmcntlll aGcn~y. or dcsign:rtcd ligen". SllCCCSSQr.~. or a"i~l1$. or 'ucn otner emir)' 1I1IIt
proposes and/or lwl.lerlalce5 Ihe cl1nSfrlletlon of" puuble \WIer, non-potilblCl irliaation .W.IlLer
and/or W8Stewnter sySlCInIl. or pon;Dn(s) thereof. 10 provide service for I1ny pt'opt:rl)' os'
Ilroperllcs. area, de\'elopment or $ubdivisi<ln in wtUch (he pl)tablc wau..'T, lIon-potllhlc irrigulioll
water ;md/Oi' wa'tew~\cr syslclns arc to be CJ\tcnoed (rom. C;()l"l~ctcd to, or \11';m~tely b~col)'C
part of 1110 potabll! wUler, lIon-potable WIlICf Irrilation or W3$(~wI\ICr IYlilem~ or CQlIlcr CC'lUnl)'
Wa.lCr-Sa:>wllt Dlslrict. Colliet County. :FluTid~,
D,vfiopm,nl ~rvJct$ ....dllls"" Commln" (OSAC); A ftrtel!ln (IS) Inember commlltec
crclllCG pursuanr 10 Ordillllllcll No. !)5-60 Ie provide "l!po[,[~ 3ncl recommendation. 10 rhe Uoard
(If (',ount)' Coltlmhsloneri. \0 aa~i~l in .hc enhltnecmcnl ~lf (he op!rlltionlLl dtiCiellC)I a.nd
budgelary accountability wllllin the Ccllll'llllnlty Oe\'elopmcnllmd BllvifDl1mllnlal Scrvicl:l .md
Pub~k: lltlHllcs Division!, and 10 KTVl: U a prillUlry communicaliolll link between the
Divi$lons, I tie development industry and lbe driuns llnd ruld~nLll of ComerCOllllty.
1}f1l;lI.dDII: Rcqut:Sled variation from lhe requirell1.llnls of IIlls Ordillam;~ or Ihe Collier COllrlly
Sta.ndard:; Marlualroquirill& wrillel'l apprevlIl from lhe l>ubUc Utllllles Divi&ioll Admlnblrlllar
or des ignoe(s),
lJisrribatiDfl Mains: Potable willer or 1'IOIl-po<<ahla irrillllliun waler nlalns le~' lh~J1 16" in
l.Ii~'neter tJ1IIt dislribull: water at lhe prD:jC:~ll.lt CUIl\()n1er Icv~l,
Disrricr: See definilion of Collicr Covnl)' WQtor-$6\Wr Di~lri(.;t,
Distric' SUViCf A.na; AlIlllosraphic lIn:~s where lhe DI~lric( i. then liuthotb.ed ICl provide
pol~blc wBler anUlor W1l81~waler service, andlor non-PQtablc irrigation waler, IIndfor hulk
servIce. b)' iucral law or by Spcclal Act(s) e>f the FI(lric.l~ Legislalure, Includ;ni all lHll:h
geogrnpbic a~IU$ lhen beinE scrve(1 wilh inlGrim liCn'icc by all)' orher 5Clrvicc provider, TIle
followlngareu Ire not Included ill dlC 1>lslrl'('1 SINic:e Area (I) All aeogmphic lR:ilI within
Ilia i~o,raphio bcundari,,~ of CIIcl\ municlpallly .. thcice InllrtJclpal bouml..ril:'$ Cllti>>[cd 011 (he
al'fecllvc dil&e orChaptsr 2:003-353, "'''''$ ofPlorida; and (2) all oIlftlllS wJlhin (he Cj,y of GoklOll
(i.~ (wlrlch is llot a JnUnicipal corpontion) u .nch area is nOw or Ilereafier deflne.d In
Sll'b*til)!\ S(C) of S.ctlon J of Cllaptor 2003.353, UW5 (If Floridll): and (3) GlI.lteJI willlin lhe
BllClgraphic bOlllldllrie~ or eac" imJClpCilldo.ll Specie' Impro\'Omenl Dlllriel; llmJ (4) ;lH ,an:ll
withill c.."h Communil)' .Dc~lopmcnt Dl$lnct 1\1'0'; and (S) aU aroa wllhin Ihe 81Sosraphie
boufldllriClS of ea~1t L1LIJiI)' 8IltvIt'o ern then aCI!Vllly ccC1lflclLtcd to lh~ suhjecl utilit)' by lb.,
Collier CO\lnly W.~r-WOlstewfllar (or h.ereafter by Ihe Floclda Public: Service Commi'IJon in
lhe event lhe CQUlll)' c8d.~ Iiucll Cbipter 361. Pl<lrida SlatulCI, juriadlclCOII bact to the FI)SC
(for u 10lli aa such certilicl\lco arca is vjabl~). Bltccpt II to the IJCOlraphie .re..liated. ho.-ehl.
this OrdlnllnoCc Ilppllc, to Iliic:h person or ont!ly, 11I.$.IllG, lnnl" and/or nloelver, owning,
8
Agenda Item No. G
July 26, 5
Page 48 of 6
operating. mill1l1alng. or controlling such facilities of s)'Stem. or propo$ing c;ooslnu:tion of ~ucl~
ra4;ilitic:s .uldlar system, who or which is provicling or propo~s 10 provide any sucl~ service. or
QrtY 4::Ol'llbinMILon thoreof. within the unin~olJlor.ted - of the CounlY exoopr
III Property used solely or prillclp:lIly in llle buslm:n or bottling, sellin" dlsuibllling or
furnishing bolllc:d \'later; and
b) Subjec:t 10 Chapl~r 2003.353, taws of florida. such fllciUtlc5 or sY$tc:m(s) owrtcd,
opcr/ued. mlln.gsd. orcontroHed by i1nothllr government or governmentlll aJl~ncy,
S1,1hjcct '0 Chtlpler 2003-353, Lnw~ of florid;! and to uther IRen appUcablc Flonda SpCciD~ ,o\~ts.
tf llUY. a.ml ~ubjl::4;l 10 then applicable Federal Laws, if any. line! llcneT~1 law cf Florir.fa,' lhe
lJlstrkt'$ service IUCIIS may from tilM.to.lime be ell.pandOO, conllilclell or mnerwise r.:.hlIngcd
by ResohAion of the Board Or by Collier COlJT\IY Ordin~nce. or by Ilmendllll!T\ltO Chapter 2lJ03.
353, Laws of Florida. a Spctw.1 ACI IMt cOfltrols the POWcl" of the BO~fd llnd the Collier
(;n.llnty WallJr.Sewer DjstTi~l.
DUG' Sysr'n1: ~ lItlltl)' system wilhl~ a develQpm~lll comprised of 11 lon-potllble irril:~tloo
wllter system and II potilble waler system.
Eas,menl: An inlere~l in ..,.,d gr:Anled to holder by owner or I~Rd, Such gl1l1\1 e[\litlc~ Ilolder to
tip~clnc limlted IIl>CS of ~Iid I,lnd, Holder CIIn be penon, pcrsol15 or the general plIbHc.
Efflllent: Tile lIe~tcd liquid end product of a wi5tewater tlUuncrll facility that i$ rtuscd U
TllCllllmr;:d WlIlcr for i rrig4l.lon cr 01 ~lr:r ,pproved non'pi,lI a ble purp~es.
ElI,inwtr 01 Reeord: The .ProjCl:1 Engineer." a registered profenionaL IInllinear of L'ccorU.
rtsponEible for: J) the pn:paration of phms. Bpccilicmons end Olher rcloled desilln dQCUlllent~
for tbe potable water. non-potable irrillarioo water ancIJor wastewater s)'3tems bcir\g conmucled
wilhin ColI;~r Coullty .and 2) cenifyil1jl the projc:cl. inc1udilla Irall$pOTlati(ln DBd 11U1TlIWillcr
flcilltic~. Up<:lll completion,
Fadli,,: Se~ defjnit~on or Waler Faci1it~ arid WaSI~Wll.lCr Fllcmty,
F,it/II: The non-reimbursable. monetary compcnu.tion rendered to the Count)' for COl'urructiOI1
d.ocument review ,mcJ in'pectlon scr~ice provided.
Pi".' ,\CClrpIaIlCIr: Acceptanco by lhe Br.IlITd of potable "'"tcr, non-poIl1blc ini(:lllion w;Jl~r
and/or wastClwalct SYilCTtlS al lCatil OM yur /lner prclil11;llllry MC(;Cplaru;c:, "lid BrlCT s~\isfaclOf)'
comp lotion of all Final Atccptlnc:c OblLgati 01\$.
FimJ Aeeflpl4ne, Obll,lltlortlf: These Include Reimbvrsod. Rc~ordil'lg Fcc" 1- Ye~r Sewer
Viower Repon lI11d Vici~. Final Utilit)' Inspeclion. lInd Final ^uom~l"'s A.ftidll"il.
lmp8etJon: Periodic: COOSlrUClton die visiu by I CoI.mty repn:sentali",e, me pllrpoce of which
j, 10 ll5-Cenain/eluor~ compliance wilb County.Ilp()l'Oveci conlllruc:lion dOCLlmellts Jlnd ~p:pli..ble
ordin8/'1C(l$, c:od~ and &tllutes, Such periodic ViSitS shall occur, blolt not be Iirnilcd T~. dlJJ.jrtJ::
conslf'llelloll of the pClLllble wafer. non-pctllble irrig.l1011 wilier .lind/or "'Ill~wllter llddil~ons,
~~cnsions 'lId/or, irnpro'tClI\tnu; (Including rDadllratllpDfl.lluQn utilities relocate pru:jccts), llfl~r
9
Agenda Item No. G
July 26, 2 5
Page 49 of 6
~omlllellon of cOIlSlrlJction (fClr prc61l'1inary aC:CCplll1lCe Vrior ID eorwcyaRce of tbe rtqlLirLod
pOluble \lI.IlU::r. 1I0n.ptllabJe irri(:l\Ilon Willer and/or WaSleYiUlcr s)'llem(~) or portiOrl(~) thereof II.)
lilt OiSlri\;I), and ;&t'te, tbc olle (1) year COn1rll';:llllll Ouarl\nte4 period (for fin;,l accept;lOcc of
the potable wtller, non-potable inig:uiotl wBter ,lndlOf wilslcwalcr syslem(s) Or pOrllon(s)
I hereof by lhe COlllll:,').
lllle,jm UmUy FaciulY or Imer;", r,Jti!ily Sy~m.. (and UliJiry Facility); A pot.llblc Willer. DUIl-
pOlilblc irriglltion W1HCt cllscribulion, tranSlnluioll. lreatmclll. undlor ~u]lfll)' sytitc:m, II
WlISlCwllter coUeelloD, transmIssion, trelllment 31'1dfor dispotal ~ystem. which meets all
lIppliC:llble rules and regulutioll~ autx;i;llcd Yo'lch any federal. liil3te or local rollulalory ;1\111\I)I;t)'.
.1nd which is oWlled hy II1c otppllcantldevclo]>er or och~r penson/entity other tlUlI'l the. COlli,}f
COUl\I~ Warc...r-Sewor Ditllriet (CCWSD) lpd which. upon complelliaR, is planned 10 be
dedicaleu te> lh~ CCWSD. All $11'11 Inte-rim FiI.;:ilily and/or Inledm Sysll.::l1'L shall remllin imerim
LIIlIII su~h lime (if and whell) cllell Inlcrlm fllcility (or fltc.ilitil;l~) lind/or Inlcdm S)'~lcrn ill
i~lerCOl'metled huo lhl: J)jslricl's ~}'$lc:m to be ;yc;rl'cd by Ille Di~'l'ic:t', ~y"em wid the 111tcrim
r-"ciHlic..'S ;lIldtor Inlerim SY5lcm 11:;'$ bellll d~diciltl:di to the District purSUUllt '0 pal'l1sruph III ill
S~lioll 5 of Cllapler 200l-3S3, l..1w, of flo1~da.
Intern./ NotlaPtllsble lrrigm;slI Warer Distribution Syst"n: An)' n(lll-pOIUblc irrigllliofl Willer
distfibuliOIl syslem not ow lied by lbe Ct)~nl,. t>T lbe Dislrtcl !lnd locilled beyond Ihe l11Il$IDr
meler aUiembl>' OIllne dcv~loplllent side.
Irrigation Sysf"m: Any and aU pltlnt. ~yslcm, faciliCy or propel1)'. lInd Ildditicfn~, llllten!>ioR1
:.md Improvements lhen;t~ at then flllutc limes, con~tru'lcd (lr a~'lLlirc.d 1I11 pllrt Ihereof, lI~l:flll,
nece:$$llry or tlaving!he [l1ell present uplcilY fOl fatui'll tlS(l in cOnnection w!th.lhe dc\'elopm!nt
of Sl)IlrcCS. trelllnW!nt and dhtribUlioo of irription water, and. wil1l0Ut limiting, Ibe gellerality of
the. for~~ohlg, includ~ daml. wcll$. mIlten, reservrnn. SI01'.I~e tllnlcs, lillcs. volvcs, pumpinl:
sUllons. l~IC::l'lIh Ilrld pipes constructJ:ld or lmt.lled for tho pmpose of clllTyin~ irriglllion waler
10 lhl:! promises c:onnoctcd wjtllluth s)'str=m; also inchl<te, 1111 fcul and ptl/'''lIl:l1 prOp~rl)' and
IIny 11l\en:s1 or rightl therein. C.lScmerlIS. and fralKhises of any nalure WhDl&DCvcr relating II)
!lny ~Il~h GYltom .n<l necessary 01' canvenlcnl tor the opcnuion '11eroof,
IIriga/inn lfatlt: Potllb~e, reclillmed and/or SUllplement4\l water lIrlifiti41ll}' aplli~d 10 I~nd~ to
mCC:llhe waler need.l of j;ruwinr: planlS: eJlcll.l<ies TlIinfllH,
ulfral Self/fir: A sewer lh", d.i.'lChuTgcl into Il branch or ocher wMteWI(or sYIlem Iml has oAl)'
bllilding was.tewaler tributary to il.
we. Collier County 1.lnd De\lCllopmenl Cado.
Loopill, 01 War,r Mal,,: JnlOf(;QnnClClion or a dev8Iopmenl'$ poublll Willer maln(~) TO
milltmj~ deed en de Ie promolO the flow of polable waler Ibl"OlJihollt II projecl ;!Iltllor
developm\:rlt.
MlISt" /tf.t.r-: A rlldlQ read witOr meter th8t rneu\lru the lolal ~lnOl\1 of waler uHeo ill a
sp<lc:ifie projac:l. devolopmelll Or pc>nioll thereof ochet II1"n service 10 sep~rlltCl. individLLiJ'llnlls.
MtllftU' Pump"', SklIhlrt: A pumpins alation lhal hilS ':n1vlty nQW or fon;;c mllll1$ from othet
Mallor Sl..lia~l or Subm.tetu Pumpinl SlaliOnt. pumpJni Into ii, whlctl then pumps InlD anuther
10
Agenda Item No. 7G
July 26, 05
Page 50 of 86
Masler Sl~lion or inlO n forcc main that pumps 10 the Waler Re(;lllmalion Facilily~ IlllS st~lldb)'
po...."r.
Mtltr: A device thaI meJ~Ures II,e \otal gallons (If wilter paSliillg Itlr(H~gh a pipe.
!.tfaltr l'la~ D'~.'oplMlIl: A tentative plan showing Ihe proposed dev~klplllCl1l (If a lfllet of
land fOf which dl:velopmel11 is to be carri<!d aul in one (I) or more suge5. (See Site AltcraliOll
Plan, Sitc Development PLiln, OInd Site lmprovcmenl 1111111 lU denncd in lhc LOC.)
MtldifiC/Jlidn Fee: Fcc: for revi~ions 10 Coul1ly-appro\led conslruction dOCl1lrlenlS, llS requesll::d
by the ~T'lllineer of Rocurd, wben such rovisioo necessitates aD additional review lllld llpproval
pnx;cu. Revisions requesled by the County or lhI:: Dj'lflct are OllCmpl frOllllhis ree.
Nan.Pour"le Waltr: Wlllcr that i$ nol ..ullablo for drinking. ctIlhlary. or do~tic Illlrposes,
iucludlng reclaimed or Sllpplemcnlal watl;r; l:ff1ucl\t. well. SLOrmWlllcr and/or $urf~..:e w~le",
Non-rotabl, War" SYJ/f!n1: Sel: definition Urlder Sllpph:m.:nlfll Walt:r S)'sICn10n\! Rcc:lllimed
Watcr SYllcm.
Non-p(Jlabrll n'llt"r F",mry; A fllCiLily ,uea as 11 ~ource of water for ilTlglllion, (:ooIil1g. or
olher a))proved. non-c(Jl1~tl1'lll)II\le putpO$es. Facilities u~cd as a source fordrlakilli. cuHnary or
dameslic purpo~s are eJl,clu.dcd from the definition of non.potable water (Belli'}',
O,4i'lfllrct; Throughollt this Ordlnance Ihl! OrdinClnr:t of Ilris Orill,lance Gllall Iru:ludc Ihe
Collier CO~lnt~ Utilities Slandards Manual and 10 .1111 <IocUll'lentl ipcorporaled by referencll in
the Manu~llInIC$s ,ucb ineJusLon is ,Icluly nOI intllr,ued ~ccortling co tlte cantOJ<lln tno M~nu~I,
Per"", Dr E/IUty: Individuill, plU'.uership, llg$ncy. lluoeilltion. privale or public corporation.
orianjz.ation. Dr politiral subdivision Of the like whicb desires to conslruct potable walor. non-
potable irrlgadon Wiler. anl.l/OT .......SI~waICr sy~telD lIdditi"a~, eXUm~toos and/or improvements
and/or requires the services 01' the (:OUIll)' or the District.
POlable Watt'r: Wmler mal does !lot conI. in Objectionable pollutams. conlilminatiol1. miru:rals.
Of .nfecth'c agenls IlOd is classified t>)' law, rille or reguLalion as being lIcceptable f(')r drinking.
culinary. Gr domeslic PUrpOllCS.
PDUlbl, Wat,r Facility: Facilil)' usl!d as a sOlJrcc for dnnk.mg, ~uliuIUY. or domcuic purposes,
Pott:bl, Waf,r 5yrttlm: See definition under Water Sy.slem,
P"U"rtrr4lfY Accrptance: Potable water, non-polable irrigalion water lllld wa$lewUer systems
eOIWllYance co the Board aftcr SllisflClOI)' ccrnplc:lioCl Q( iD,pccdons. tests, and certification,
but nOI includin,'l final inspcclions,
PrDlta61, Ctlsr 0/ Comtn~cl/.tm: ernt IlSljmllto prepared by the. Engineer of Rc('onl fOr
propoSN poleblll Wiler, 111:m-pOllllbh: jrri~Cjtm WiLrer. ';and/or WllS!Cwl1ler ~1$lern ~dc.liti()Il~,
l:lUCmltOnS end/or impronmcnu whif;h III'C ~1tirc:d 10 be liubmilled to lhe Coumy or the
Di~ltij;t for review.
l'nJj,cl; POlilbl" \\lalor, ncm-polllblo: irrigltion weter Ilnd/or waslewal~r I)'SICI'll ~dditiom5.
uronslon$ Andlor Impro"ern~nts illusullfed and described JIl tile cOI1S1ruclioD documents for the
de ve!opmenl ofland in lhe unil1COl'"ponted areu of COllier County.
1]
Agenda Item No. 7G
July 26, 05
Page 51 0 86
PuWit: Vtili,l6s Di.lJisi"'J.' A Division of lbe Collier County government comprised ~)f ~'ariou~
dCplV1m~t1lS Includln;. bllt nOI limited 10, Ihe: W..ler and WaSle"'lllCr Deplltlments. Tile PLlblic
Ulilili.:. l)jvisioD is reSflOIl,iblc for Ihe munagement. operation and m:.inlCnal1ce af till! Callier
Counl)' Waler-Se....er Di51rict. The Public UlilitlC$ Oivi,Lon, together wilh the COI'llmUnily
Dllvdopment Jlnd Environmental SCrYice~ Division shall ~ve the lc~pon~ibijill' Co ;lpprovl:
polablc w3ter, noo,pol.llble irriClllion walClr (ll! dU<l1 s>'lltems) a11d WBltllwlIlCr syS{ems ''e'lUCSIS.
os well III cnejrl~rjn; cv..lualions, Including, but notlimircd 10. Ihe design and cOllslruclion of
~Il potllble wEIler. nOrl-pouble iniglllLon \Vtler, ~l'IlI waGtewater sysl6lm eligible tu be cOllvcye<l
10 thc Bond for Oownership and mllinlcnancc as oullinl:ld helllin.
R~clai,,,,,d Watlr: Watcr From I wutllwaler trutment fai:l1ity that has t~ei\lcd al' lour
secomlal'Y advanced leallm\:ol And hir;Il-level dlslnfect~on and is used or uSl!.llble for SOInl;
bllllefldal non.pOlable. norHullnary, non-domulic purpose &uch ll.5 irTilalioo.
Reclaimrd Wrtl,r Systtm: ^ nlllwock or pipes. pumping facl1iliClli, and appllncnnnccs desicl'1l:d
Hl COll..-e)' and distribulc eCd",iruecJ. $.llpplemcrllal. or :I c:ornblnAliol\ of recl~iJlletl ;lI"Id
sypplcmOlllll1 Willer IQ one or more usersj ~Tl of Count(s or Diuricl's non-polabh: irrigation
wstet syslem. Reclaimed Willer Systems referred to in tbUs Ordinallcc refer 10 Coullty-owned
or District OWllCd reclaimed 5r5lem pipes lIiill inches jJl diarnclcr or greller, IJp 10 and Lncluding
the master meler ulIl!:mbly and blLck-flow device.
Rtcord Drllwing$; L>rlLwlng~ that accuralely idenllfy tBe nnal, fixed cOn$tnJcled C"ontigul'iltlun
of a utiJi!iM facilit)' anti/ex system. indllc.lirlg lite drainage s)-stem.
Re,,;" Ftt: Fee for work Incurred by the COLlnl)' or the Di6lclct to revlllw 3I1d iJpprove potable
wllter. non-PQlablc irri8;1liOP \lIl1ter 311d1or \I,'aUewaler syslem construction documools ~r1d
provide illSpecllon during IIml IIfu:/' con~trucrion of said improvements.
He",.e; The deliberate applicatii;ln of /1lClatmed wlter for II benelicial nnn.pot3hla. non-
,",ulillll,ry, alHI nOJ\-domestlc purp~e such liS irrigation.
Rjgh~-qf.Wa;)': ^ $trip of land, public ar I'riYlle. ClCcupictl Or inlended 10 ~ Ol:cupiL:d ~. ur for
repair of. II. ~lreel. cro$~w~lk. railrQad, oleclric lrlLllJmi83lan lin~. oil or &IU plpl)ltne. slern!
drailllllc. po(lble wiler or non-pclable ilYigatlon wlltee main. sanitary or slernl lewer main. or
f~r simUar use. The ~agC! of lhe term "righl.or.way" for land piau in!! purposes 5ball mean thL!t
QYClry r~ht-of.way, whelher public or privata. or as In el154menl. hereafler elit~blllhed ~nd
shown on a r1at ls 10 be sepllra~ and di&lLnct from the lots or parcel, adJolninll Ill!;11 right-of.
way, Ilnd is not included witbin lhedilt.ensions or lll'ellS of ~uch IOl~ or parcell.
S'I'~I.t:,: Work incl.lmld by the County Or th~ District to Ie"'!'::"'" .mcl approI/o pOtable wa.er,
non-pol.ll~ i/Tiption w..ler andlor wntewater .y.Uem conUruction documonfs Ind provide
inipec:til)l'\ during nnd after COll~lruction of uid impra\lemems. Mayalsa mean Waler Ser....ice _
,ee definitir.lll Qf Wnter Service. herein.
S,IrP," A.IYa:: The acoanphic;:.1 arcaCd dcsgrlbcci in II Franchise Cltlll'l(:Qled Are<l or ruller
fol1'/l orap~roval iBnclllll by rhc Board otCoUJlt.)' Commls~joners Inc.llor llle WlI.<<r,Wullewlller
AuchortCy 10 . utllhy to provIde utlllty jerlljee willlin Ihe de.$Crlhetj boundary Qr such ~ClU(:s).
The geogl'llptliCil arell.(s) IllIlY al&o be referrec1 10 as "Ierrilory" or "cenifi~ated atCD."
12
Agenda Item No. G
July 26, 5
Page 52 of 6
Sfwer UJteraJ~ A. grllvi~y lIIllwcr pipe Cluendillg fl'Olllltle JTlvity &cwct main to the <:u&cumer's
pcirll of connectlon III the public r1gtlH>f-way or CQUnt)' or l.lis.triet' ~ Udllty Ea:ioCOIent linril.
S.wer System: See dcfinicLoll 11 Ader Waslewatcr SySle.m.
s~ or CPlrnty srall: Refers to Ihl1l Collier Counl>' ell1(llo)lc~($) autlwTL"l,cd to pcrfofnl th~
re:llle~llvc: lICl or ~cision,
JralllkJ,JS Manatt' or MQIJJjI.lJ: The "CoHil.:r COUDty Wl1&er.Scwcr l)istricl Utilities Scal\dm'd~
M DDUiI I:' u .\l~pled by th~ Board of CO~Il'ty Comrnissiolll!:rs cOllICUITCncly willi the 2004
IIlilitics Sundar4s lIDd Procedures Ordinance, including..1I of Its CJC.hiblts. consislinc of, but nUl
necem.ril)' limited to, all tiXhnical 61tlndards, 3pedr.catiotls, delail urowmg&, Utilit)' Deviaiion
Forms, Waler Mecer Siting and ImplCl Pee Form, Filial Waiver of Lielli, lLnd Utilities
Con\'l!yauc;e l)oclJmc:nl8 Chccld;~lt {or poluble wal..:r, non-poulblc irrlglllion waLer iII1d
WllSleWlICCf S)'$tem&.
~'Il"de".rup,r: Refers to each j"dlvidUlll or entity Ihsl develops. ,on~truc[!> or inSLalls
iml'Tovenum" 10 the real property illlU,.t of lbe ckllelOllnll!n1 other than the De\'eloper of tlle
de\'elopmc.nl, including. but not limited to. ~ch sLlcn sub-owner, buikler, contractor, pramoLtr.
Icuec, (lr tenanl of impTo,'ements 10 real eState within the development when not acting llli III'
agenl of the dllv~lol'ler. and at'ler complelion of ~u.ch impro\'emcnll. lbe litle-holder at" lllose
illlprovemCIlU. i. not lhe developer 3.nd, therefore. 1M developer will nol normally hllve 111e
requlsile Ellllhoril)' 10 COlIVC)' L;I~C of those fllc;ililicl; to the CO\l~I)' or to the ni~lrict withouc
:llltnorizaclon from the subdcvelopec.
SflbmQtt~r Pumping Statio,,; The main pumping 'talion of a SQbdivi&lotl that receivc& flow
from olller pumpillg ulItions lmd/or gravity flow which dlcn pump~ iru.o II MnslCT P'umping
Stelior'l urCounty or Dialrict force m~in; does nol ha\le ~tandby pclWllr,
S"I',"m~lItl.ll \1'1.1I"'; Non.poublc CJ'Olllld watllr. slOnnWlller or sllrfllce wllt:.r.
SlIppum'lIltU Waltr Sys"m; A .iysu~tn of plpes. pumps and a11 other lIppu.rl\:Il14nCC$ or
equipmetlt needed 10 culle(t, Ilanspon lII1d dislribl,lte sLJpplemenl,l waler; pan of Coullly's Of
Di5lrict's non.poll.b~ ifTigiltion wQI~r &)'uem.
Tl'dlJrmUsum Maills: Potable water maillS sil'.leen incl,es (I Ii"l ill diametct anll larger thaI
distribule WOller over a regional or sll~HeglonDI arell, and non,polable waler ouin, 'IX Inches
(()") III diameter or &IcIl1cr. Also includes w.ter mains u~ed to ll'illl.pon well "'liter from 3. well
10 . potable water creilmellt planl.
Ur:lncorporoltd Ar,a; "" Geographic .rea.i ill Collier COllnly DOL within the boondaries C)f
Ilny mUll lei pal .co'l'GIilti on :u of Ihe effective dale of Cn.pt~r 2003-353, L:aw,J of 'Florida, Ir'l chlo'
eOnleJlt of chis OrdiIlUl'. ..lIl1reu homefler .nnClll~d intc:i a mLlni"iplIl <;:orporation shall rcm~in
crls.lfled II bell'll l.lnin(;orpol1ued to the exl"nl Ih~~ &L1ch annexed ..r=1I i. WLlbin tha Ohllrkl'/i
then l:lIislinl Servioc AI1I..
UljUty~ All)' ~!lQn or 'businells enlll)', leaea. trLlS~ lind/or receiver, owning. ol'cf.:ltiDg.
manlliins, or l:ontl'OlUng Ii sy&rom, Qt preposJng construcllon C)f. system, who or whil;h i:;;
providlns: or proposes to provldc potable water lind/or non.polllble irTLClllion WOller, or bulk.
13
Agenda Item No. 7G
July 26, 05
Page 53 0 86
wlIll:r, ud/or WllOlCWlller elm/ice, Dr lIn~ cQmtlinallQn lhereof, wilhill llllY unincorporated Mea
of the C'tlllfllY 10 the public for conlpen!.llloll, bUl e){cludll18 only the fnllowing;
a) Propcny used solely or principally in (he bll$ineu of bottling. s~llin&.
di5lributl1l& or fumishin8 boI.lled willer; Dr
b) S\lch !y"cms cwned, oJ'lC!raled. man3.(lcd. or cllntrolll:d by ;I Oo\'ernn\eJII~1
A;CllCY; Or
c) Manufacturer providitllsu<:b ulllity service{.) solely in connectioll wllh its
t)wn nUlIlufacluring operations; or
d) Public lodging establishmenl providillg ~udl lIlility .service(s) ~olcly ill
connecllon with lodgi!lll urvice to ilS guul5; or
e) t~ndlan:l Of Homeowncn' Associalion providing lOLU:b utilily scryicc(~) to
lheir own lCn.lll1l5 Or unil owners wilhom speclfic compensatIon for ~n)' sttch
utllllY sorvi(:e; or
l) Potable waler S)'S.letll and/or 'lVilllcWIIICr s)'Stem which hlls a rated capacity
(Ill llUIximum day SYSltn'l pe4k) of !ess ~hll" 2.l.lW gallons per da.y per LIlilily
servicc; or
~) Ulillty <ler!vhlg less thllo fifty pf>tCellt "0%) of it. revenue! from
unincorporalcd afCal'> t)r the Count)', wLlh ~ b8lanc~ derived from Ihe
incorporated area. An}' Urillty whkh derives tlflY perct:1ll (SO,",) or more (If its
revenues from the unincorporated llreas of the COllllty shall be subject to !tIe
provisiofl' or this OrdillDN:e ollly as tlla)' relllte La rale~. ree~, Ilnd charge~
cDarged by the Ulilit)' in its L1ninl:"orporatcd arca{s); Or
hI Utilily system Ihat is tMI\ serving Ie,s lban <:me: tmmlred (00) C:USMIlC:ra
Wilh non,polable irrigation w,ter. potable water lind/or W.$tt:Wlltcr service.
For Ihe pllrpose of chis subparallrapll. II "J;llslomcr" is DOl c~ch illcJividlJul
~r\led. Each residence, apartm~nt unil. cOlldominium lJnll. office or otller unit
or II. building or s(ruc(ure. each mobile nome, each recM!ilional vehicle. elc., i~
one (I) c:ustomClr. A duplex is two (2) customers; 1I lripl~x ;~ ~hlW (3)
customer., ete.
i) Sy.stoms $Ol,'y for tenllnl. cr QCllllpOnl~ of: goveml1lel1tal buildings,'
reUgiclls, educlltlonal or cultunl inSlllutKmS or rloCilitic~, or f(Jr fCCreIIliolUll,
$Ci~nlifir; Ql' il'sCitution.L (lIcililiea.
j) S}l'tl::m~ n<ll CWl'I4:d by lho Utility nUll ~rc dQWlalr~~m fr<rm llw: Ulili(y's
master meler And are oplll'tued and sUD-metllred bye. mUler ll1lllered CII&toll1l!or
of Ihll Utilily for Tellle to individual r&idllntial or C:Qmmen:lol ~Oluumers
occ:upyln& propc:l1y owned or olhc:rwlsCl lawfully con~rollcd by thot mOoSllllr
melellld c:ustomor,
u"litJ! Cod. SUNommllr" ollh, Drv.l4Jpm,'" S.,,'lu~ A/lpuM;; CQIIf",iIt.. (DSAC): A
lubcornmll(CC: of DSAC, created pURlllnt 10 Otdinlnc;c No. 05.60 to review i1nd nmka
R!comrne.nd~tiQns On tcchnic:al, operational and oll'lllr i4SUCS n:laling to ulllity mlllterS, IlllcllO
14
Agenda Item No. 7G
July 26, 05
Page 54 0 86
scr\'1: liS tht; primAl)' communication link ~etwecn the COmn1IUlil)' Development .al\d
Environm~tllill Services Division. the Publk Utililies Pivj~iol1, Ihe d~...elopmcnt induatry ~nd
the ciliu:l'ls And. residents of the COLlm)' on such matlers,
Utiliry CDnJptlllJ: A lclephnne, electric, lOIS, cable, etc. company ~"ch as. bL11 1101 limite,llo,
Florida Power uno Li,llhl. ,sllrint. ComcJll>t and Time W~"'e1'.
lJIl1Ity Constrllction D~t:JU1ltnl; See detlnltlon under ConSlrllclion DocLlmcnl.
Utilities Ptrformance Su:urily (U,.S,: A l>crformance Bond, Cash Bond, Irrevocable Leuer of
Credit, or Olhet aUlnori1.cd form of ,eQuity futnished by !tIc l)e\'elopee 10 tlle CounlY or lhe
l)jstricI, "nor 10 rcc;ord~n~ of plat Of conveyance of utility facilities, for ;tll water 'and
wa,tcWlltcr andfGe olher utility facilities construction to guaranlee the con~lruClion.
workmanshll' andJor m3teri31s for the WillTlll'Il~ period ,it'lcr lile ulility sYllern(~) or j'l('If"tiOl\(s)
lhereof have bcCll c/,)I'l~eyed In lbe COUrtlY. District, or olher IpprODri~IC Wiuc:r-~cw~~r ]);~l'iC1.
01 upon c.ompletion of lhe: milit}' SYSleln(S} or pOrlilln($.] \OOr~ot wheo constrLIttion llCtUrS 011
pri".at~ properly. (Refer l<'> Sec. 8.5: lJtilltillS Performance SecurLI,',)
n'asl'Waf~(; The ct\nlhinatiof\ of IiqLlid and water.carried poIlutanls from rcsidcl\ces.
,orIll1ll:tl:ial bltllding~, lrlduwial p1anls, lInd institutions, togelher with any groundwO)ler
infiltration. surface lIlrloff, or 1~3C"3ICllbal milY be plc~ent,
Woste_lar P,uililJl: TIK struclures. equipmenl and prOCll&5eS required to 1r~3t Dnd store
r.lome.,tlc and industrial W5!tC5. ami di SpOSll of the effluent :md dudgc.
K'Ol'llllI'lll,,. ~)Slem; Any and all pl,ull. system. fllcllity or peoperty. ud llddition~, cXlco~ioo~
and improvements thereto at any tllrure lime COrl~trocled fOr acquisitioll a~ 1I part tbcretlf.
IlscfLll, necessary or then having ~apllcily foc f'-ltllre Ulo;e in cunncclion willi tlte collecllon and
II'C41mant or Wll~lflwalc:r .. and/or dj~p0i81 of wa5lcwatcr diluent of Iny luturc - Oril:;rllllirll;
from allY 8oUl'(:Q. And wlthoul Umltln& Ihe generalhy of the foregoln~; inch~d U'ClIlmcrll ptolnl5,
p'Jn~pjng stalloD!. !in stations. deep injllCtion wells. \'..Ive~. t'orcc m;'lills. intcrcepting Icwers.
lalcrrds, pressun: lines, Itlail\s, and all rlccelisary app\lr1cniLnc:es and equipment; also incllldc!s :..11
w.astawllLCr mains and la1erah for lhe n:ccptiun and collection of Wllstew;J.lcr froll'! prem~ses
c:oD!lCctcd lherewith; also includes aU real and personal propcn)' alld !lny inl~rcu therein. rlgtHS.
usomcnt8. and franchises of llny Ollllrc relating to an)' 8U.CA sy~tcm al~d l1C":CS$iUY or
~onvenient for the operation theraof.
Waf" Facility: The JtrllctllrCS, equipment ~lnd proccue$ n:quircd to lrtilt and nore water,
Watf( S,,,.;Ct; A "'.ter $ervice in&t.alhllion which inclLlc\u' tapping Gitddle, cuorponllion IilOp,
service line 11Ild T.dio rl:lQd meter in$tAlI4tlon, meter boJ(, wye, curbslop. llnd b;acknow
~vcntiol'l device:, if n:quirc:d, clIlended 10 pro~rty line or utilily casement limit.
Wa",..Se.....r Di"riel: See definltioll tlllder CQllier C()~nc)l Wlller-SCWcr D~Slrict.
WMtr S~trm: Any Ind all plant. 8ys~m. foclllty or j:lr~r1Y. llPCI .dditiolll. clIlensiol1l ami
impl'OVcmcml$ dlCleto II then future Wnes. COIUITIlCl~ or aequircd as II pan lhereof. u.afuj (lr
Ilccos31ry or haYing I !Ie then prc~nt C4p-ac:ily for futll~ Uie ill cooncelion .....ith the dt!lVerllpIUO:I1l
ot SOlln:oS, lraatmont or ptlrlflcatlOIl InG cri.str!bIlClon of poclIblc Wolter, anel, willlolll limiting tile
gcnerality of ltle foregoing, includes dams.. reservojra. storace tanks, lines, valve-s, pl1mping
15
Agenda Item No. 7G
July 26, 05
Page 55 0 86
~l"lionso Illll:r.l$ end pip!:& fnr tl1.G pllrpOS~ of calT)'in5 porable w3ter to lhe premises c:onnCl;;lca
wJrlllLlch ,yuem; 11~\l il1cludc$ 1Il1 'c~, and pcT~onal pI0pHrt)'lImJ illY int~1 nr rig"l~ therein,
c:asel'l1.enls, anll franchi5c:5 of any nallJfl:: wh~t$oel'er rcJotill.!: to any SlIcll system lllld Ilcco~~ary
or corl\'cnicnt for lhe operation lherenf.
n. Ahbrnhlliorls.
ANSI - Amtm,m NlIlioDill Sundllrds II1~Llllle
ASTM - American Society for Tesling and Malerlal..
A WW A - American Wale' Worh Auocilllion
nee - nnard or Courll)" Commissioners
CCWSD - Collier COUlU)' Water-Sewer lllstrict
C08S - COn1mulIhy [)evelopmcnt and El'IlIironmel1l1l1 Services Divi&iou
CPI- ConcrllU! Pipe !nslLILIlc
CUE - County Utilily Eascll\lln.l
DCA - Deputmerll of Communil}' Affairs
DSA.C- Developll'\I:TU SeII'lces J\d~'isory Commiuce
r:RI' - Ellvironment.1 NC$ource Permit
FAC - FlorIdA Admlni 5lmivl: Code
FDE.P - Florida D~panmelll of Envlronmcnul Prote,lion
FOOT - Flori4a Department of Tflnsporlltilln
ms - Geographic InfDrmation Syslem
LDe - Lana Developmenl Code
MSW - Munitipal Solid Wlitc
NAil - NORh Amcri~an Collum
NElC- Nllcional Blcetrlcel Code
NEMA - Nllllonll Electrical Manufll<:lllretS A.ociatlon
NFPA - Natlonal Fire: Pr*ction Association
NPDBS - Nalionlll Pollutlml Discnarae Elhnlnal~on Sysr.:m
:NW~ [- Nlltlonal Wiler RCSClLl'llh [lIstltu Ie
PE -l'rofc.lI$ionallSl1linellr
PUD - I>llbllc Udtlti& Divis/Oil (ClI1l alsa mean P'hmned Unil Development)
pWA - Prc:limlnary Work AuchorizaltOO
16
Agenda Item No.
July 26,
Page 56 0
ROW - Rigtlt.of.WlIIY
Sl.lP- Sit\: l)cye]opmeM Plan
SFWMD - South F1orid~ Water Mllllllgcmcnt DLSlrict
sIr - Sile Improvcrnenl Plan
UPS - Ut;lit~cs l'erform..nce Security
USA.CE - U.S. Arm).' COfTI.> tJr EII~inecr$
WEF - W.iller En viroomc nl Federatioll
SECTJON SBVEN: POLICIES AND STANDARDS.
7.1. Utili.y Service: AVil.ilabllilY of Service from tllo Dislric[.
7, J, l. ^s I req\lircmcn! IU Delleloper's &Ubmittal of conilruClioll documenls, DevelO(Mlr '0011
OOlllln prior wrilwll verirlCaliol\ from lhe Public tJlilitici DiVl~ioll regLlrdini: servi~1!. fcom Ihe
DjSll'lct. whi<:h ~hall (l) ....ecru.., the cum:n.l Statu.> of Iltilil)' service: from lbe DistriCt, if llll~'; (ii)
ldentify restrLcrioM. if Any. of lIVllilBbililY of such scr"~c~s); and (Hi) pro\'id~ perlinelll fucts
rej;llrdini: IOCalLon lInd llllail..bilily of District's ellis/in!: and/or lhen propolled Dlslr;cl IIti lilY
syslcm(s). The Division shall respond In wricing to all slJch requests.
1.l.2, Service From the DistriCI Not Readily A\lai~lble. S~r.'ice from lho DiSlriCI is not "readlly
tlvailabll:l" (lJ\ce?1 10 th~ cl'.lL:.nl I.hl\t lbe elltcn~ion of the Di$lrict's utilil)' radlitiei i$ th~1\ 1I
plannell fi \Ie-year capil31 improvcmcl'lt prol:Tllm i [I the thl:.n ~.....rrCl\1 Collier CO\lIlI}' W:IIer and/or
Wastcwa.ter Muter Plan, and the respcclive Pl:ln's ullm&ion to I.he project sile is pl~llued to
t:Oll\mcnCt'. withill fiye (S} yca~ or It:.ll.\ from Ihe time of lbe inC!uiry from the I)e\'elaper \0
COUIl1)' ,uff for 5u~h &Crv~e(5), If an cllt6nslon of the Di~tric;t's facilities to (he respet;'live
ptoJeclls planned l~ commence within five (5) years at:t'c>rdiag to Ihe then ap[llicable Ma~lcr
Plan, but lhe applicant dC:6itcs thaI sudl then p~l1.oncd lame achedulll be II(celerAted in time, the
Developer may negoriate a utillt)' racililiu extenslon agreement with lhe Dislrict, (which
agt~menlltllly include upiizing provbIQn,.
7.1.3, Dc:v(;lopmellt Project F.Xle.nding: IlS UliUt)' Facilities 10 the DLsuict', SYSI.ClIn if
COnn"tl0n!> 10 Inluim FacHitiei are NO! Ava\lable. If lite Disuicl'~ respeCllve utility ')'slem
docs not ba'l/c lIC~U "fe8dil)' avajl~I>Le" to ,erye the l'eJpeelive projCCI il\ the District'li !;Cn'~c
lIrea (as sucr. ~!:C...ice llwllabUil.y is then IIpc1cilie:11 in tho fMpectivc: Master Plan as describeU
herein). eXlensiol1s of the proje>Ct'li utllily facilities to lhe Di51r1l:t's infrllSlruetllre will be
roBquired unlcn interIm servl4:c: i5 .v,Hoble from anottler utilll)' 15 SPCc:itilld balow. No ll\lch
extensions lIh.n be .lift)' respon~ibLllI)' oflbe County ar lhe DilllflCI. fjlKIl1y and otl1erwlK (cim<.:
and "b&dull) and Hlch facilities must be dedicaled lO cui acccpllld by lhc District..l no colt 10
Ihe Di,triel before llll)' soch rcspc:cai'it: lIdlhy sorvige fri:lm lile District comm~nC~I.
7,1.4. Interim Service Provided By ATlothllt Utilil)' Scrvii;:c Ptl)videt Until Oislriet', :F~ciljrics
Mil)' Become AVlillIblc. Jf it is dererll'Lined by IhG CD\lA\Y stafrj in (:ol'l5ul.~ti~n wirh
repteJenulliv\S~ Qhhe projecl desiring the utility SlCl\'ice{a), that nc:ilhClr of the ll!>Clve.S1l1Ccd cwo
(2) altemltill'" (tlAllll\sigll of lhe I>l'Qjc.ct'~ ulllily fll~ililjQ$ ((Il~ District's system. or,ll Ulility
!acllllles e~lensjQn Ilrcemllnt to C:Jllclld tnc Diatr1ct'J facilicicJ to the: pt<ljut earlier tClan
conlemplalel! in lhe Ihen applii:llblc Master Plan) is fcuiblc:, only il'lc.,.i", ~.e'",i<:" from another
17
Agenda Item No. 7G
July 26, 05
Page 57 0 86
\Jlilily Cinvernmentlll, municipal or priv.te:) elln be: ~u.horizlld by Ihe Public t.:lllltltls
AdminlSlnllor or de$lglllle by means of lIgr=amcnl. -llle Ij.i~ity AdmlnblrlllOr or tksh:nec on
hehalf ot'lhe Dialricl mil)' authorize Ihe ulhel'1l1iHl)' re provide inlcrirn service to tbe pr~l~cr. In
accord wilh paragr:l)'lh 10 of SC>Clinn S of Chal)(er 200J-3SJ. l.aws of Florida. Ihe Dislncl u~ ~
m~lter of rh.at bw connor Ill'ld d,..lI nOl lIpprove an)! ~l\pansion of lIlI)' pllnnlll1Cllt \Illlit~
f&cilll~S from any such alMe lJtility or utUlty uNite prO\lldl!f il1lo or wlltrin the DiSHier's Ih~n
I:l\isliflg scryice ~r~lI. No wch ClllI:nsion Jnall be IIny rll8pOndbililY ot lhu Co>umy 01 [he
Dislri~t, r~5C"~111' and c1horwisc (tim<: and sc:hodulc), Ilaeh sucb inlcrim sec"lee lIgreemeflt
(belween the projeCt and the oth.er Ulil11y or utility scc\-i!:e pro~'ider) mils.! bo Ill!.ccuted by tile
other utilil)' or u:rvicc pioyidcr. by authorl~ represelllatiyes of tile project to be serycd, bY.llle
l>istric.1 and by tile Board.
7.1.5_ Inlerim tIrilily a.eili\)'. Provided (al the ()mjcct 6~tcndinll [t~ Utility f~dJilics to tile
Dislrkl's System i~ not [el1S,iblc, and (b) hltCIlm Service Fmm Anorl1,r Utility or otbl.lr servicc
ilro....iclcr is not fCll5iblc, lllld {el a utility r~~iliti(!$ extension L1Sreelllel1t (Form l) is not feJulhle,
ud proyitJed the propo>>cd Interim Utility F<I-=ililyJl:i)'Clem is then II l:ilwrulose at the projecl ~ile
,lrlllccQnlan~ wllh the CQunll",r; U>C and all.!lpplicllble hws, ordinance, tLllc&. tegubtion,.
lInd releVllnt wriuen agreements, if :111)'), lhe projeCI'S reprc5cllllllives may apply to SUItT \0
reque5t ~utlll)rizarion fur all hlterim Service Facility/System by cnu.:rin/:. into an lmerim
Pacilily/Srilcnl AgreelTl\:nt ($e~ Standard Form I. herein below). Eactl &lJCh icrvice agrumenl
must be CJlcculc::d by aUlnoriz.e1l n:pre~n.tAd...ell, oflhe projeello be sorved by lbe Inlcrill'l Ulility
Facility. by the Dislricl and by the Board,
,-
7.1.6. AdclllalC Public Fa,iliticl Lcllcr. III thCl evellt mil prupoR:d dcvelo~rl1Cnl ill olmldc the
scrvj~e 1I1'tJ1I ofthc CCWSD. bUt WJtllllllDC th~n Cenlficaled Selvlce Anll ofgny urJVlhcr I.Jdli~y
or !Jtmt)' sen'ice pro\lJder, thllt Urility or lllilily $Cl'\'lce provider Inllll submit an Adeql!llJa
I~uhll~ Faciljtic~ !.Atlcr 10 COES. Thai Leacc mUSI prove thaI prompl lIvailabillly of SUdl
Sl:cviee Is llva.il.bh:. II) adl!q1J~toly prcvidc th~ 11l11i'>, setvic:o(s) lInd mill,!. dCmCnW:l1C lhill .he
cnlity elln and wlll provide sorvlce to Ih~ proposed dC'f<loJ>rncnt in ll~ordnnee with Chull\cr
64E-6 F.A.C. for WDler Ind wutewolcr service systemli hllviClg II. C"lIpacity nOl c)lCl::e~11l1l1 0,000
CPI); aI$O ill lIccGrd with ChaplAln 62-5.50 anti fil-:l:l:l F.A.C. for WlUer systems h~~;ng LI
ClIplc:ily t)f grelller th~n ll},OOO OfU, IIndlor with Olaptl::r 62-600 F.A.C. for WlIstBWlIlc.r
1)'&ICmS naving a clpacity of grClller than W,OOO GPD. Toe Adllqllllt~ Public r:acilitles 1.elter
m\lsl clearly descrIbe ~h~ type and ~~piCll)l of Ibe ltILli1)' ser.,ieos that l~ aVllllable III accordllnce
witn the dll~n llXisting 'landards in ChapleT 64E.6 F.A.C. Or Chapler 62.600 F.A.C.. us
applicable. ano must Include all rC!Olriclton. or rcqulrcmcnll lhe Ulil.ity (or secvico provider)
Jl'\Ily haw rcpn:ling the issUl.n~ cf a bincllal wrlllen commltmenl for ll~ch 80r\lic;:c(5) to lbe
propll~~ll project. In the c"enl thot potable Wiler, Cloa-potable irrJgallon wlllUr and/or
WllillWltcr scrvi~ IS nol readily IYlihbl.; 10 fully .lerve .be proposed prqje~l. it ~baJr be lhu
Davllo,,",l's reitlOlI8;bilicy to extend and/or improve slIch service. 80 that luch service(t) elln be
Dlm_, or ClcArly.nd ~ully detail the 5tepa Ihat will be ~Ic.eC\ to tle servl!H:l with Interim utlllly
lenke.. All F.A.C. proyisiol1l tef.rred to ha~in InllllR I'Cnumbered shill be tully llpplicllblc.
Refer 11110 to lllil OrdillancI's .DIlinlticn of Ad_ql4tltlt Public Frrciii'ilf wtrt!lr. whl~h is
incDl'pol'l.led herein. Th.e CDES AdmiolUCator or desiBnea may require addl,iol\al illfol'lnati()l1
from tl1e Utility (<It oltter seC\'L~e provider) ill addition tl) the Adequate Public: A.ciJitle~ lAuer,
wllel'Oby lll~ Utility (or Olhor sorYl~c providor) mlls~ prove to slafrs I'Clsonablll slllisfoctlQn that
18
Agenda Item No. G
July 26, 2 5
Page 58 of 6
the required 6ervice(s) are r~di1y 3V1lilable IInd will be pravida:d promptl)', Ir l'eqUl:s\cd by
slaff. the €llner Utlllty {or servici: p1'ovldcr). al nacxpcnse 10 lhe Comlly, shnH promp~ly provid~
staff' with a elLpacil)' .I1DI)'~.s repol1 rur such ulilIl)' service,s). IS well a5 5-ueh ulhel' ilddilio".l
information liS may be rcquc:s~d by Sl3rf. The bIJrden' of proof r.; on tile Utilil)' 01' ~i;:lVii:C
pr()~' .de r,
7,2. r-PEP Permits,
7.2, J, Wilb rc>>pect to devolopmem u.nclJor lslcase of FDEP Con$lructiClll rcrmil AppllcnllOOS
from lhe Communil)' D~...clop[nent and ET1"ir(lllmenl~l Services Di",ision, wrlllcl\ appmv<J1
from the Ensinl,.-erl"ll Review St.rviccs ()t.p<lrtmcnlllirccloT (COllllt)' EngincCl') or Jtl.i~ll\lr of
the ulil'l)' portlOIl of the ~on5truclion do(:L1mCDt5 for the. pOlable wUer, non-pl.llllble irrigation
waler and/or wntewalllr ~ySI~n(5) or porlioo(s) Ihcrl~of is mandalory bef~re lh<: Count)' or
District c;ree'lltes and rel~Dscs UPI"]btion~ for allY re~ll.lil'Crl FDE? tlermils. Prior to
commencemenl ofconslruelioll. FPEP permit must be issued, Wilh ruspect to de\'ulopmcnt of
and/or COtl$tructjol1 acti~ltlcs for lIIl\ jrllcrim ulility syslcm, lhe ~velopcr nHly obCllLn ill(\:tUI~d
FDEP po!rmit applications. pl'i(lr tf) En@ineering Review Services Dcpllrtmelll Director (CollAr)'
Bnginecr) tinal writlcll approval of ,oBstruction uocuments. Under no circumstllneC$ sll~"
conslrllclion \:ommencc wi\h regard to tlle illterim utililY sySlem ulll;1 the con~trtlcllon
commcncemem critcrla in Set;lion S.6ller6in hR~C been 5Dti~fi~~, With rc...-p.:.et to lhose ~I"'\.'ice
~re3S oul~idc the CCWSD, copics of ~U appruVl:d f-1.)ln~ constmetlon and operating llermll&
shall bo ~ubrnilted to lbc Courlly or Di!tricllmmcdiat~l)' upon issuaf1ce and re.c~ipt,
7.2.2. Wit~ r~~(lccl to the FDEP Certitlcation of Completion of Conslru(;,ion fotms. lhe
Ellgillceril'lg Review Seryices L>eP;Ll'tlMlll Director (eoum", Engineer) <lr deslcncc will h;.1\'~ lite
forms I!.lleC:lIl<::u by the Public l1tllitic~ l>l\'i$ion nfll.::r th~y rec13h'c the l'relimin:lJ)' Inspecti€ln
apprO\l~llcrler d"rlng lbe PreUmin3ry Acccptallce proc:cu. The Enginterillil Review Se'~le~s
Depa1'lll'\l!lnl Director (COUIlt)' Bngmccr) or designee will release the forms afler review a.'ld
lIppro~al Qr the required Ulllily Conveyance Chc.cklists hems in .he Slandards M;.'Inu3l pel'
Preliminary Con\'o)'ulc~ I'oli~.
?,l. Dc&ign llnd Perform:ince SIDodanlManuals and PubLica\ions.
TIlO min.mal. bill mandatory, UlUily dc,.;gn n:quirements of 1I1is Ordinance 0Ir'e ulabli.ilcu by
lhe JI'l(l$I recDnlleC:~lfIical stAndard I. procedllres and critcrll as sel f{)r!1; in the ialest elolitlol\(s) of
the pubiiclItiolls and &landard~ li.ted in l~e Slandard.s Mllnual. 'The minimAl. but mandatory,
ulility ~.ign rcquiflll1'1Cnl$ ~t fOl1b in tbe Standards Manulllllrc ldcorponucd herein and arc.
tl1ereby, an illlegrlll part of this Ordillllnl:e, Doviation frolTl the establi&1ted crileria, as set forlh
in tne Slalldard! ManUllI. i~ nol prec:lllded, prO\'lded thlt, tile Engineer of Record ~h.lI provide,
for Coumy Waler or Wutewaler Director 1'0";0"', II deslJn Dovialion b~Hed 01\ ,uch rlllioual
criteria llul promol;s. proleelfo, Al1l.l1or impro"e. the pubH"'1J health. ~lrCly and W'Clflll'l: an(.l
upolllueh shclwlni. n:cei\'es the COlll1tY'S or Dillriel's prior wrilleA llpprOYlIl, Neither COUrtl)'
1\Ot 1Jiltr1Cllpprovllshllll be granlad 10 any pl'OpOl'le~ delian lllaljeopMrdiilAls lbe public; !lOll-lth.
sMell" and wc:lrll'e. or lblt woulll !'Mull illll.)"Slem performlln~-e less Itt~R .hilt wbich wo~k.l be:
providecllo the pubUl: by .dhcrence to 1110 R;CI)&lliud lAd 1lI:CQpf.ed indullry Itll1dmh set fonh
in Ihe mllllulllupubllcMlionl Iisled in the SUlndarch MmulIt.
19
,,"-
Agenda Item No.
July 26,
Page 59 of
7.4. OWDCr'$ Responsibililie$ [0 Mainll1io or Repair inlorim Ullli1y Facilitle$.
Proj~t developers, their SUCC;CSSOl'S, or usig,m, II1at (lwn the rMpe~[l\'e interim utilily facililies
~lId'or 5YSllllllls) aball be fCS).l0ll$ib1o to 11'Iil.inuin, repBir undfor rephlte ull interim ti.ldlil;Cll
amJfor 5)'~teT11s, ill~l\Jdill&: all CO$IS. iran)'. intuITc\1 by Ihe CUlIIlty or l)i~ri(IIO m;alnlllln ;:1I\dfo~
fl:J>Blr iln~rill\ uliHIY f;t,cilit;l:5 in compliance with Ihls Ordinance and wilh all applicllbk
Sl':lI1oords .\nd rCI:IJlali()J:lI, includinG FDEP pOlllb1c Wlllelllud/or wll.SleWlJrer qLlulil)' regululiDns
Bnd olher regullLljOns. Such cosls ~Illlll be borne: by tile l)e\'clopers, Ibeir succcSlors. or nllsigol
of S\lth folcilltic$ and/or systems, inl;llldinc homeowner's aucx:illtions Bnd $lmilar ...StiOc:i~li()ns,
as appliCll.ble. and shaH run with the land. (where &lIeh fllCililloe t1nd/()f s)'slC1I111rc localcd).Ulllil.
if and when, lhe iJllerlrn facilities and/or Inlcrim facilities Ir~ cnnnc.=~ted 10 the Collili!!t Comity
Wllter-5cwer DIslrK:I'S ~)'slem.
7.~. Con~lrUCliQI' Oblervatioll :md InSpeclion
See Subse-cticms 9, lll/ld 9.4,
7.6. ULiIIlics ~\'e)'.:l1'lcc lIM Acceptance.
The tran:;for of owncr~111p or ;my Iltilil)' facility, illcludirtg any 1l1lcrim ulilit), fllciliLy. 10 the
Di.liukl &hl1ll cCKTIp1r wilh Ih~ requircments of I4iw. a' $1:1 rOl'lh in tile Fl,m(1a SI{SjIll.'~. and
applicllble Counl:>' I<<:solullom;, (ltdl:r II.l Seclion to: Ucility COlwll)'ancc Prote:,.hl1'e~ herein.)
7.'. Ut n ity Easement.
7.1,1. All ~.el of Collier r.olJnly Utility f.uQ.lnI:nl~ (CUE) sllall be In aC"cordDnc~ Wllh thh
OrdJnanec or alber Bou(l m ppro....ed lIses IInd shill be f(Jr tile c~"llIi...e sub.surface USol! or the
IJoal'l1 or oilIer COlii'll)' or J)i~trlc;l ~pprcwed \lges. Ail CUEs $bllll 'CQmply willi n::lcV'dnl lDC
requircmen15. lllllcss specifically lIuthorized 10 do (]therwi~ in wriling (ill the funn of u Ulaily
DC\'illlion Form) by tho Public IJtUltiC5 Dlvtsion Adminislntor or de5ignee(~). All)' IISC. other
th~n service eNlSSillgs. of lL CUE thD.t i! flOl authorized by the County or D..ltricl lind/or
llpl'roved by Itle BOllrd ;11 I>rl>hjbited An)' 1ls.6 of .. CUE 111.1 crclllCI II IU.I"'nrd or potcnliJI
haz.ard to the POlllblc Wiler, f10n-pOhl"'C irTiCllt!on .....aler gnd/or WllslCWllt.er &ys1crn(,) or
portiones) tbereCJf Of to lh= employ<<s Gf I nil HOlIrdfCOllnlylCCWSD in lbe performaoce of the i..
dUlies LS prohibilCd. Pri...ali:o rOlld ~lllt.or-wlL)'s' wilh CUB o~orla)'s a.rc exempt frpm the
cxclul>il'~ U1C prO\'isiol1. nowcver. all lkSlgD iCtb~ck and CODslnJctlcm requirements of ttle
Ordin~ncc anal! be adllered [0.
7.7,2. PrivalcJy-owncd utilities may be alll;lWcd within _ CUE, subjeel to print ap~rgval by the
EnailU:.crlnl: Reyie"" Services Department Director (County Engineer) tlT ll.lllsnc~ witll
coordint.tion wi~h.lho Tl'lInsporlCltlon Services DiYlslon ..pdtor the: Public Ulilltles Di...jslol'\ ~nd
proyided 1l1at 110Icb pri'\lllll!lly-owl'ted utility don nOl Nndcr OperlltiOl;ln lind/or l'lllllnlClIIIn\l\\ IlrllJiQr
~plIljr &l;tj'ijlJu and <lClCls not crllat~ an unneeessll')' !inancial ~vrd~n to Lhe rale PQy~rs of the:
Dblrict. AllovllsrCllllld imprcvements sllch .", tlUl not limited IQ, pnyed piIlrlt.ing. dccor..tivll
walls ancllor Jandle.pin, ml}' bt:: pe:mitlCd to be inlt.lIed Wilhill II. CUE by tile gral'llor. illio
SUCC:C:SSOlI or usisnl, l-Iow.ycr. lIIlJ cacsts Illld UpcI'lK.s of 1IlI)' llnd all. rt:p~Lrs, rapl~oc;crnent~.
malnlcnanoe anc! te~(ora[iol'lS of all SlJOtI improvemltllu shllll bs .be solc finane-llIl f<;sl'on~ibility
oi Iho grantor. its $ucx:essOC't Q/' lisisnl, These cosl obligations ~1uI11 b\:. tloar!y Itated un lhe
approved plaps. rceord draw/n", and, it" applicable, in tha, Home Owners' AS~llUioo
documents but failure to IllIle such oblilllltion~ shall 1101 ..rrer;t thllioe Obligations.
2()
Agenda Item No. 7G
July 26, 05
Page 60 0 86
7,7.). Combined w,Llcr-.....Ulewater ells~nts stlilll be uCn:etl upon on a case-by-case bash.
dep~nderLt on deplb of lifll:li <1m.! shall tlnt be combined. unk:u and LHltil ILpproved r.y Ihi:
l~ll11jneerjng Rcvi;w Services I)epartnltlnl Direl;lor (Counly Eflj:jgCc;r) or dc&illn~~.
7.7.4. Width of El\seJnenl~.
a} Minimum width of pOlOlble wull2" JnJin, force main. <ladlor Ilon-potable irrig;llioil
main e3sc;n1ClIh $1'1.0 b<l f.fleell {I 51 feet.
b) Minimum widtb of' grdvit)' wl.tcwatcr c~mcn" shall be twice Ihe deplh of Ihe
bou()m of the Ilnc or fifteen (15) feel. whic:he~'er is grealcr; 1100
c) Lifl 5t:i!lon Cll.ements sh~lI be at least ll\.jcCl the deplh by twrc;e the depth I.)f rhe Iifl
SUlliull mside-of-wclwell bottOTll or lhirty (30) feet by lbirty (30) feet, whichc,"cr is
grcal~r. Ilnd
dl Combinoo ""lller-wu~lew;llcr casemenls .hall be 3ilfCCd llpon On ;I. C;Lsc-by.("ase
Nsis.lkpcndenl upun depth or liI1C!.
e) In the evenl llllll Ihe CUE(s) \10 not provide (be CountylDistrlc~ wit~ full. mlcqllall~
pb)'iical acccn 10 loe res]l<la.i'lC 1I1111t)' facilities., Ihe County must be provided with
othe.r written right I of pJl)'sic~1 nccc~ 10 sU\;1I utilil)' r~ci lities.
f') For Well F..aseme.n[~. refer fO the LDC.
7.B. BuildIng Permits - Con11llclioll FL:CS urul Ch~r!l(ls.
Coont)! shall not approve the lSsu~llce of II bllilditlg permit unlil the ulility coustrLU:rion
dOCumelll$, (ogetl1cr wilh Ihi: assocjaled Phil. hayc becn reviewed and lIpproved pllr~uanllo Ihe
UlC. Ilnd..n llpproprillle polabl4:! W41tr, non-potable irrigolllioll WQter andlot WllsteWl\Icr syslem
impact fees, connection fees .IInd [he County', cost, or l)j$Ccj,t'lj Cgst~, if "ny, of m~Lkil\g
cmcrJ:c:m;y ~p.ir~ ~f mlintcntlncc to lbe Utillt)' fuciJitics before Fil1JI Al:CepI~ncc of the
Utilil)' facilities have been paid, Tbe Developer sball be resJ)CII\sible for coordinQting
devclopmcl1[ aClivities wilb the Coullly, and sball ensure that all necessary ulilit)' cocslrLlctiol'
documcnu. plats, cl/:., BIe ubmilled for fllview incl llf)pl'O""1. Tcmpomr)' U5D permits ,h~L1 be
OJlcnlpl from the. utility <:onul"\lttion document ~p'provltl n::quirement prior 10 Building l>erll1il
lIpprovBl. un~css spccifl~ <:ondition.s preclude such cllempticn.
7.9. Certificates of QCCup91\ey.
A Cel1ificatc of Octl.lfl:mcy ShBil nol be Issued for any strllclure prior [0 pr~lirninilry Ii.cccptancC!
of all polable wllter. non.potable irrigalion waler and/or wulew3ler systems required hy thi.$
Orelinuu:e (lI" the LOC.
SBCTION EIGHT: CONSTRUCI'JON APfROV A.t. AND DOCUMENT
SUBMISSIONS.
8.1. Oellernl.
Thi, &celion establishes [be Counly's or Disbicl's minimum req~jre~ts, pur~ullnt [0, or ill
addition to, l~ minimum LDC re.quiremcnt& for lho iubmis~i<lrl of Ihe following cOl\~!r[ll:li(,"
dOCllmenl s by I he IR "doper, Owr\l~r lUldJor Contrllclor, for COil ~ty or OlaUic [ rcvi~ w; 110wI: ..cr,
the Engineering Revjew Sl;rvi~s Deplttmenl Director (Counl)' Enginec:r) or dC$t~nr,:~ or
21
Agenda Item No. G
July 26, 5
Page 61 of 6
DistriCI staff may requiro.: ...dditiClT\~1 d.la. "'$ the COUTIll' or Dlstricl .staff d~erns n~eli'llr)'. in
order II,) complete its r':Ylcw of:
11) Potable wMcr.lloll-polll.bll: lrrlgcllioll WSlcr ~l\dJor w;lstewmcr $y~tcrn(s) or
ponLon(S) thcre-of for fW"Ojocls prop05inll to con m:.Ct toclI.isling poIl1ble wOller, 11011-
pol able i ITIgalion waler, and/or wastcl'."IIler system&; II t1d
b) t'otable warer, IIOD.potable irrigalion Wlllcr cnd/or WlUlc:wlller .syslcn'l(~l or
pcnion(s) I"creof for projecls Pl'OflosinS to he ael"\'cd. Ily Inlefin} potllbl~ walllr, non-
pOllLble IrriS&llon waler lind/or wastewat~r In,olrm::111 systems.
WI,er8 practical, u delcnnined b)l the County staff dllring the pllll reviow pl'O<:Oss. pOlbble
weller dlslribulion malin e,oucnsion, 5hull be looped to Cuunty (Dislrlcl) pemble WUII:r
tr/l115milisioo mlliu. W~ter diSlribullon mains al cul-de-sacs. if Clot looped. shall huve I
nushif1& de... ice at the CIlt.! of tbe Iii'll.:.
g.2. Cuml ruclion I)ncumc:nu.
8,2,1. 'Prcparolion or Construction DOCUnlenl$. Conslructiull drawings ~nd Icehnic:l1
spcl;iliclIlious for the eOl'lstructiuu, ellltansiun .'ldlor modHlcarioo uf potable wmter. nnll'plllllble
irrigation wllter and/()r wastewater systcmC,) or pc:rlio1\(8) thereof shall be pt'eJlBmd by, ur ullder
thl: supervilliol1 of, and sllaU be ~ertified by, the Eng:ineer of Rccord, a r'rorQuiolllal Engineer
licensed 10 praclice In Ihe Slale or Florida, under C~apter 47l, rl(lf"ickl5raluIC$.
&.2.2, ?re"Llbmit~1I1 Conference. II is required lllill prior to inili"l submission 10 County 'lall' of
coo!lrllction doc:ulJUlnts, Ih~ OlVocr, L1e~el()pcr Or QwhorirecJ iI:ellt. (Ih~ "i1pplil:an1"; (;OnrO:I
with the "Llblie Ulllitic5 n::presonl.lltive ud Communlt)' Dc~'cIQj)menl CAd !;nvi rOlUncnt,L I
~erl'lces rcp~n1a.i...a: 10 obtllin inforTmUlon and guidance, and to iniu<lle an informal
prelimiRllTY re...iew, pursuant 10 tbe LI)C. u may be amended, before ,ubsumtiaJ C"t)mmilmGllts
<If limo lind/or mOlll$Y arc ma(te In prepar8tiQJl and submiuion of further dC>ClImcnt,llion.
8.2.3. Submillal.s. Unless lnstl'\lctcd Qtherwlsc ullllll Pre-sutlllliltlll CDtlfcrc:nco, illitiill submilf~t
of (onstrLl~liun docLlm~nt~. 10gl!ll1cr with mn:,' .>1l])l'lonive mlltcrllll~. &h.1I be submitted au lho
Community Development IInu Eovircmmental Sl!r\'iccs Admlni'tnlor lJr der.l[lnec i1nd shall be
accompani~d by III <lescriptive co...er leiter, SlIch eo...c:r letter shllll cOOlll.ln. bul not be limited 10,
.be followini:
., Project Name.
b, tocAtion of flrojccl.
c. Tl'pc. ofutitity conslructlon prl)po~ec.
d. Eslimated n\lrnbor 01' pocablll "".I.6l', nOIl.potable hrlplion wllter and WlIStcwlllcr
LlllIn 10 be Mfvell by 1M. propolled constructllln.
c. E~plall.r1on of wllat acdoD the COtll'tI)l or Districl is: being requc$led 10 lake
rC,lrding tile malerials submitled.
-
f, List of documents .u~lI.ed.
I- En~lrHlar's Rc!XX1' Acont;isc repon ,ummarizi~ InO proposed construction'
locllldini ccmneetiOtlll, philina, &5&l.lmptjcnl, and c.arimllt.cd total flows,
22
Agenda Item No. 7G
July 26, 05
Page 62 0 86
&,2.3.1. III the C\'cnt Ir.e I'rClpl)l;ed con!l!rucllOD I~ Jlan of ~ prDpOM:d ~llbdivi~i(1n de...:.luplnenl
3~ \'Ilat review pru<:e~~. llpplicallt snail addilion~H)' follow. unless otherw;se set f01111 hc..,-cin.
Ihe "Development Requir~A1Cl1IS" procoo\.lrc~ sel forlh illl.OC.:ls then <:lmendcd.
8.2.3.2, The CUUIl'>' requires compIe le dlJta ,uld inklrmation willi this initial suhrnission in older
to efficlenlly I1ro~'idc the l1~ce~$ary rc~'icw, for fhis re:mm, :I "sundQrd lral1~mitl~I" form will
not be iLcce)1to'lble ror Ihe It,illlll submission, Howevcr, trilnfolniu~l f(>ntIS EmlY be utilized tOl' the
Jubsequcnt Subflliu31 of re\';sed documents, addltionalllems requested by the Count}' stuff ami
otner inf\11'ITUlioJ\ peninent II) tlu: review and iLpproval prClCe~s.
8,2.4. Schedule of Fees and Charges, The Boord sr.all by RC501u(ioll establl,h []. Schcdul~ 0(
Fees and Charees for cOCIstTuction 1'1l1ll review Bnd inspection servic~s. The Schedu~e ~h.all be
posted in tile Division of CommunilY Development ;lod Envir()nmerll~l Sel'vic<!-~, The
I~esolllllcllll>llilll bl: filed with tile Clerk 10 tr.c l~l)lIrJ. The Schcuule mil)' be r~vi~cd pLlr.sII~nt to
u~ndard rcsohJticm l1dOplion ;&nd amcnllnll~1l1 proccdtJn:S, The CIJ"SlTll~lion Doclll1lClll R,,-vi..:....
Fee sh~~1 be submilled wilh Ihe cOJ1SlnlClion t1oc:umenl $uhmhsioll. The COnlilnll.:lion
Document Rel/iow RcsubmiuLoo Fee shaU be required if the COIUlty'S Sl3ff reqlJire~ :I third
revicw in addition to Ibe initial rev~\\I ~d OM rcsubmission. The resubmlss;nn roo shull be
subnllllcd al the time Ihe third ~lIbmi~sjnn is malic. The Cons(mctiol\ Jll~peclion F~ ..h.lI ~
,$lIbllliuea prior to Il'Ie final C'onslrlction p~an approval. The Con~truclioo DocLlTllcl1l
Modificalioll Fee shall be: submiuer.l lIpon wriuen rcqUt:sl by Ihe Couoly slllfr I)rinr to linal
~p(1roval orlhe tnodlfkalions n::qlJcslcd. ThCl Developer ~ball be responsible I'or 1111: poyulellt ot'
~lIl'ees identilied abovl:.
8.2,5, Plan:;. Spccili'illio!ls Ind Cmt Esttmalc. T'hc Engineer of Record slla[] furnish compll'le
selS of tr.e consll1lclion drawings and tecllllj,..1 &pecifk~li()n$ (Enginoor's Rcporl) as rcql~[cd
h)' the Commlmily Dav610pmenl line! I:n...irol1mental ServlcCls Dl\lis;on (8 $c:l of bound
ledmical spa:~fi'~liOll~ shall be provick~ for Commllnily Development's muLcr f.l" ,r nnt
I1lread)' dooo:: so}. C:on61ru<:tion dr<l""'ll&$ Jhall be prepnred on s'~f1d~rd ~i:ze 24" I'. J(i' sh~cls,
Tee~lnical specifications (the t;.naineer's Rcpor1) shall be lypew~lllen on 8.1/2" ]I ll" ~hC\:16 ulIci
bound In lIn acceptable manncr. Tt.:Chaical sPCCiticlIli(l1U (tbe Engineer's Report) shall Include
an CHtlmate of probable C:Ollstructlon costs. preparetl by tlle Eng;rlcer of Roc:ortl. wbict! cUl1li\ins
a summary of qlJantities and esl1m~te of Instilled CU!it for I~e potable waler, not'l-p<l\ublc:
inigal1;Ql\ water andlor WOl$~waler systcm(6} or portion(s) It'lereof propoJCd for construction.
Tbe (OSI c3timalc shall be prepared b)' I~C Bniineer of Record and submllted in ilcmi;l.et.l fot[l\
lO indu.de the 1;'031 of all required improvements and/or the cOlltrllCl bid price ror 1111 work
l1ecflSsllry 10 colt1plecc till: rcqulrl:d imp~ovcme.nts. Im;OfIlQratl()D of IOClmicol spcdncatiOl'l$
lnto the conslructlon drawings, In lieu of a ~pante. lOt of wrLu\:n ~pc'ifiJ:ation. u described
abOve, stullt nG! be lIcceptllble. Thi: COnSln.ll;lioll dO<:llmllnlS shall b<: submiuel.l 10 tht.\
Community Development und environmental Servi~c$ ,'\dministralor or designee for rt;\'icw
and wrillcn llppTO\I.1IJ prior to the: commCAcc:ment of C(ln~tNclion, The c:on$lru~lhJn documenU
shan irlt'llIde. but no.1 ~ limited to:
a} Cover Sbeet with Location Map
b) Silo Utility Master ?tan, lndlcaliD& the overall sill: developmenl allu all.propo~~
IJllthi' .ddhi01lI, IIlCtcnSj0l15 and/or impro...cmetlts illQJllctil'lg ~~ements, with references
10 the appropriato plan and ptofilc sheets. If pbllsing of Ihe projec: I i.l proposl:d, plUliCS
23
Agenda Item No. 7G
July 26, 05
Page 63 0 86
shull be lndicated on this dl'llwinJ. For proposed points of (onncct;on Ie ':liiSliflg
potable water, non.p~abll.: ilTi~.,jgn watel mndJor wc..tcWltcr S}'SlCl11$, tbe site utility
plan .ILDII indicale Ihe method and mllcri*ls 10 be used. A.etual lcclltion or cx.i~[ing
so:wcr UlllillS ~ntl/O( hten~I$, p<llllblo wilter lines atId non-potilble irrlllAlioll W.lLlCr hilUS;
ilndJor stubs shall be ,\hown. where applicllble.
c) Identificalion ot IndiYidUQllots f~r oiubdh'i5iclns and/or buildil'.!:$ and strllCHll'CS for
coooumini tUns. 1'Il1JIti-(amily projects. ct,.
d) t'm BIl plojccL~. lhc pro/Xlsc:d meler l<<aliol\(s) shall be l1I\lscrQtcd. All commercilJI
facililics must Ix: fllClered !>C(lOIrillcL)' ffOIll residential f~cmtic5 witb the excoplipn of
the5\: cllmmcre;al ,'.cililles thaI are wilhln a master meter<<l re~deijlial develOpmUI11
Ilnd desisned for Ihe exclusive IJSIl of thl!! rt!5idcnts ",'ithin SlICIt dLl\iClloflmcnl. Final
moLer ,izee 5hall be d~tcrm;ncd b)l lhc CG~'icr Coul1ty Public UUlhies l:::ugine~rjrl~
Depar1mCul DircCIQf or de:r.ignee. 11m! lhe con~ructiol1 document ~hl1l1 nOle ~f .....'aI~L'
:i<rvicc$ .~ 10 ~ inslclle<i by ochen. For prellmioory meler siz;ing, 5ce Con~C)lidnled
r mpllcl Fee OnJirnl nee No. ZOO I-I~, n aRll:nclcc.I, &lIpc.:r$Cdc d or cons~ll id~ led.
c) All ClI.lSlinll ulllit)' euemenls OIl the plI11iclJlar Nopert)' shall be shown 011 the
dr~",ings, PropoliCa easemclHs may be n:quiT~d 10 be shown if lne sill': workillg spoc/!
i~ confined, n dcwnnined by COlJnt)' Sllff on a CD5<l.bY-C3S4J buie. Ea.sem.elu~ (eqLli~d
10 ~ sho,"'n shill! b.c clearly lcheled and slall show the. widlh and limils. (Reier 10
Seelion i, 7.j
f) Pllln afld profile lih~els Ihlllt imJicHu: the horizontal and "'Mticel loc..tloll$ rOf llj!
potable: w,(cr, /loll'polable irrigallon wat~r andlcr "''Qsl~aler Qddiliofl$, e1\lension~
andlor improvements, InelL/c1ing all aPJ'llrtella~ca. liS Wl:1l u CJl.h~r propo~d anti/or
cxi~lillll ~)I5I.Crn(IS) or portiones) thereof, rogether with all col'lf1icts in the urne icncrill
localioca, S])Clcial pror.lc: sho:K:ts ~hllll be reqIJlred when ImiCJllC ,iluatiofl$ or complex
coonicrs occur Ihal cannot be clear I)' delallcd on !tul'idar~ plan i1nc.l pl'Olilll forlnl.
Profiles shall be ~ilioru~d on Ihe ~hccL dircclly below Lho plQIl :licclion lhey ~re
ll1us\rOlI~ng, With the exceptloll of ulllhles thn iLre not dia;ib[c to be OW [led and
maintlined by 100 COlnL)' or the District. For IlJch utllilies 'hal ace IIOt OWrlcc! and
rnAinlainell by U~ CO'LIOlY or \lIe Di~lrict, prOrl~l:~ ~hllll bI: proYidcd, but do lloll1DVC to
be posilioned 011 the ~~t dir"t1y below the plan seclion.
&) PotAble w.'cr, no,.,-polablc. lrriilalion water amI/or wa,tcwller sllllclMrd delails. Use
of l~ lC:l:hnicaJ scand.rds cOrl(.inccl in Cho SUlndal11S Mllnu.u shill be: required fOf oil
conalruction l'l'QjecIs. Pavement resto,,"lion, IHIcl<1iI1 8""4ard8, complclion
reqllirtmenca. Iille., fellllrdlnr wOfk within tllc pllbl(c rillltns-Qf-.y or C~ shull be
lovc:me-d by ll1~ n.lI~ 1Il1d TCill1ulOl1S l:stllblisf1~ by the Public Ulilitiel Df...isln1\ as
o~lllnlOld in lhe SCam.lards Mlnual. Sl..ndard delail. involving these i~lll. snMH n::necl
the requirements of thelJlJbUc lJIilkJ4l$ Di....i'iol\.
h) Complete Uft Stolion dlawlna:s. GpotificIlions, IS required. afld details inCrl/dil1,G;
,hop drlwinSI. when l1llceslary, ,hill! be RlQui;;;d. A specJalslte plan Qf' Clle lift :>ullioo
InQ Ippul1atlttllces slllllll be ()rovtded. Tr.ll plan shllll cOllt..in sl';..ific detli!. on the
confi'lIralion of the ...tion, location of appurtenance, IHIt'h IS clCl;tric service nil"
24
Agenda Item No. G
July 26. 5
Page 64 0 6
IrMsrormcra. luaTd pests. C05lltO~ pinel. feru:ing, hlll<!scllping, CCC., and tile propnsLod
100;1IK>n Willll'l~~C:lln roD.uw"y'. sidewalks or bike: iH'1I1S. dlivtwaYl and propollCd or
c~isting rigllts-of,wl)' or ulility tOllomcnts.
i) Pot~ble .....lller ;lI\d wnlcwll.lcr l)'iletll hydraulic: c..I"\llalions.
j) A symbols and abbr~vialions legeTld.
k) A lht of 111 Collnty or Di&ln4:1 in&pcc:tioll' lila.t LCqULte 48..ooUT Ilolice.
I) A SlaUlmcnt u to who Qwns alltl maintains me olUite potabLe water. non-plJlc\tlle
irril:"liol'l wiler 11I'ld wa~tcwaler sy'lcmS. (~crer 10 Section I().~: Record DfilWill~6
herein. )
8.2.0. Comlectioll 10 Non.Colll'lt)' Owned Wastewater SYSltQ~I. When conne.ction In a centml
wa'IIlW'.lter $)"slem. other Ihan IheM: owned url\J 1T1Olin."i'led by Ihe: COI.,I)' , (he Dislrict. Qr <Illlt:f
ilp~t(l(lrialc Wat~.SeweT District. i& pro]Xlscd, lbe requircmenlli of Seclion 66-2 ('If L1le Collh:r
County COO! of Laws and Ord;nilnce~ and IlJlI:ndmenls ll1cn:lO shall be 511l~r.cd ;llld 5h...11
comply whh SubsccliollS 7.llbrou~1l7.1.:;. il\c;lusille. hemin: "Ulilll)' Ser~'ic~; A~'l,ila\)illt,'."
8.1.'. Rillht~-Qf-Way P~r.nit~. Conslrvcl~ wilbjn dcd~cated publlc r~ts-()f-WllY sOO11 L~qLlir=
II.Il appro...cd pcrmll from lhe 4ppropri.le lIovernmental County, Stale alldlor Fedcr~lllgenC>'. A
cop)' of Iho approved p;nnil .!hlllL be lMlbmilted to CcuBly staff. prior 10 the project prc-
cons(nJctioo mOllting. UtililY co~scructioJ1 wilhin a r.iht.of.w~y oWl\1:d hy tile Stnlc: of florida,
~hall require II FDOT Ulih(y Permit. When cml\panlon FDEP permit .1J'lpllcll\lon, musI be
ublAineJ,lhcy will be rel~ucd fOf prooessing prior to fill~1 FOOT perlnil D(lJ>Toy~l, provich:d 1]te
construc;tiun documenls ~rc ~atisfll.ctory (0 th~ Public Ulililic~ Achninlslrator or desillAee.
8.3. rite Control Distriel Approval.
8.3.1. All con~(ructioJ1 drawings conuilling pcIlllble WIllet dlstr!hlnion systems or pOrllonU)
[hereof shllll Do revlewc,,", by. Bnd shill require. written approv4l1 by. the appropriOlI': Llldq'll!nlicnt
FIre COl1troll.lislricu. fire 111'drant klCa~ion desigll shall be in ~on1pIiam;e: wilh Ihl:l LDC or
NFPA Re~ula.tJon'. lilesl edtlion, whidlC\'cr Ie mere rcslTictive. The FIre ConlToll)iSll'tel $hllll
pro\'ide (he COUlIly s(dfwiU, a leuer approving 11~ 1I1lmher aTld location of ch~ flrc prolcclion
fadlitic~ 10 "rV!! (be projer:t. Tbk leller ~h.lI contaln an agn.."emcnl hl' the Pire Conlr!)1 Districc
10 llCCe.pllhc ownersbip and mainlenance rC&pOn,ibi1itl~& Jor the hydranl' after conltrllclion is
conlpleLc pUUl.Iallt Ie lhe cstabliJh~ polic)' of cacti individual Fit; C'Ql\lrol Di.trlcl in cffei:t at
suet! lLmc. The Pl.lbLic Utililics Divisiot\ will be n:~po.sible for tha fire hyllriolllllelld, up 10 II'Id
inl::ludlng (hc jl:MtCl yalve as &p~ir.w if! the Slam.hrds ManulIl, Ilnlc$s dIll Fire DillrLi:l$ do not
lccepL ownership of tile fire h)'dLanu UG lMds lIflcr lhe isolation nlve. ill whicn can the
entire Iud ud fire 11ydLlnl shall De dedlcaled 10 d\e DI&tricl.
8.3.2. Upon completion of the: pocablc water S)'llem CQn5tructiOll. tho SnltneOr of Rcx:ord ih~1I
provide aCl tho Commllnhy DovO]f)pmenl IlId BnvironlMlltll Servicoa Adminlstralor or d,,~ignoe
field tire-flow Lestlnl d.ocumenralion by 1M approprie.te FiN Concrol Pinrict IhDt e5tl\bli5hc~
lhll.l Dc1cqUltc nre-flClw cDpebllhiu CllliJt. The. Engineer of Recotd n\U81 incorporDk: d4:ll\Illul
caplll:llY andl'l1Cler.clling dill e51ablisblng that the Wiler meler lelecled does p~ss lbl' IlIlal
flows rcqllirod by tho proj~t 11l 1110 Erlgince.r'lI Report for projecls thlt ate to ulUi:re 11 ll"Wstllr
water metcr to which fire h)'(lr"n~ $hilI! be conncclc:d.
25
Agenda Item No. 7G
July 26, 05
Page 65 0 86
8.3.3. 'rIle Counc)' Willet. Sewer DiMriCl 111..111'104 be responsible for, alld shl1l11x held h"rl'lll~~~
from. an)' damaiC$ or 10sII tC$ Lilli t1g from illldequ8tc ~izins eJr.. Willer r'lloit!r lo supply lirc flow
in ~ddltlon to concurrent llomc&ti~ demand for a p~rclclll~r projCQ, Data on the iTl':ter Si:tLl'Ig
analysis ~balllllso be: eonroltlcd In ., hydrBlIlic d~ign report r~quired in SubPilr"~I'lIl)h K.2.S(I).
I.cr F.A.C'. 4A46.041, the Counl)' shllll flOI \)own, m:J.inlain ~md test fin lI11e~ - such u\,....m:1'5IJil)
is the respon~ibililY of the a"p1ic:~blc rire Discricl.
8.4. "Illols.
1l.4.1. A copy al' tho proposed plill fClT new subdivisions 11111 ,ontain pOlable wocer, nOIl-polllbl.,:
irrig~liol'l walor lind/or 'WutCwllCer systemts} or pOrljon(~) Ih~reGf 5hOlll be subnlllled \.\lith lhl:
construction drawinlls 10 the Councy sldt for :review and IIpproval. All tllilicy eMellle'lIS 'tllut
will be. reqllircd for lhe ))otable Willer, nOTl.pcllllbh: ;rrig41i4J1l ,",,'aler lIudlor wutewlllcr .li~'SICr11(~)
or ponioll(s) Ineret)r shall be shawn on the pht. if pOl>sible. l:u~her.lhe: dedication block on the
cover llhee[ !<hnll conlain lite following liIlllamellt~:
ll) 1"h.1I 1111 Utility EaSeml:lllS fOf j)Lllable wmte:r, Ilon-poluble ilTlglltion wille," "'flu/or
wUlcwlllcr 9y~tem(s) Dr porlioo(i) (hereof IIml Ingrou and Hllfes.~ righu, I'lIIlCrB
mppropriatc. In: pro\tjdl.lIlIO '~Collier County W:l.Ier.Scwcr District to inslull, ope rule
and maillllliTl p@b1e wlter, lIon-potable ilTillllicn wltcr Indlor waslt:.....ulcr HCility
s)'Slems or ponion(s) toorcuf within Ihe Plaited AJ'c<l; and
b} Appli~llblc pot3ble water, non.potable irrigalion waler IUlIlIQr w~ltcw3ter a)'$lern(s)
or llDClloD(s) chcrCQf C(lnSlrUCl~ withltl Ibi. Platted Arca in complianl;\: witb lhe
requjr~l'JlI!na set forth herein shall be con\'cycd 10 Ihe BO:Jrd us lhe Bx.Orrli:iu
Oov8ming BOITd of II., woner-Sewer District lJpon accept"l1ce of the uddition~.
exle:nsioll4 In il/or i ll'Iprovero8nt' required by lhe Pial.
1.4.2. Finall\pprova.l of l:Qn struct ion documcnlr. for a projecl .....i11 nor be In.'lde until tile R(Mrd,
pUfElJlInl co the LDC requirements, Ius duly approved Ihc propo~~d plmt. Plm~ IIllbminoo und
;fl'lpcoved hy [00 BOBrd shall be in complcte accordanc8 with thla Onllmmi:c, An)' rcquc.c.s for
DC\liiUions from this Ordinim:e shall be clearly O,Utlll'led In the execLllive summary. wilh a. cop)'
sellt 10 lbe aff~c!cd De.panmcnl{S), Devialions approved as pari of the plat mllllnOI be ..'alid
unless clollrly oUllincd in ch~ 3l'plicll.nl'S sllbmiltlll lett8r and a copy of suc:h approval b, lhe:
P~blil; Ulihlics Vi vi. lOll MminiSlncor or dcsig.nc>c(a) is provided. Jta plat IS nol required for a
'peclnc: project. the Bngineer of RCf,\)Jd shHII PfO\l'~ "1X"1I11lClltation !':Ollfirmlng such so lhat
Ihe County sl~f' TIIll)' delermlne lhe ClIlcnl tjf IltiHiy ea~IllUl$ illal mUll be provided.
8.S Ulilides l'erlcnnancc: Scc;\Irily I1lld Plnlll Acceplance: Obligations ell,h BOIl<l.
8.5, I. Nocwitllst,nd.it\g any otnar plovhloll(S) ia this OrGinaneo, Ih~ Developer Shllll be required
10 fLlmith Il Final Aecllplance Oblillllrion~ caJh bond to alaff In lhe amounl of four lhousand
dollan ($4,000) llm! I Utilit.ic.s Perrormallce Securily ("UPS") in ..n Irna~nl ellu~l [I) ()flC
hunc:lrlld and len psf"QCnl (UO'if>) Orln~ .en,illecr's .E&timl1led. Probable CO~l of Construction for
pOlable. W8lCl", lIon'potable irriB_lion .....atllr lruj/Qr WllSlC\Io'Ilcor 'Y.llem(~l.of fWll1ian(J) IhlO'rc..r <If
tell lhowand dollara ($ 10,000). wb!chever i, Irelltllr. The Developer shull submll Ihe Fill~1
Meeptallce Obllpt.ons ~!h bond end ur's wlrn the 11nll oo1l51ruclioll dcxurnentti. ThG U1'S
mLlllt be appro"C<I by che COrnelr COllnl)' Anauey'. Office prior 10 commen.c.!meJtl M IJlility
constructlt1l\. The Pina! Acceplance Obli&adons cash bond shllll br. required. but a UPS is no,
26
Agenda Item No 7G
July 26, 05
Page 66 86
1'C(111jr~ for the C'ontTuctioo phLltic of a projc~l. !~(OYidcd dc..elopnYl!1t is occlJrrlllg 01\ prh',IlI:,
non-subdivided property, or jf the UPS bas bel:. pr~vio\Jily I'I'O...ided to the County or Dislricl.
pllrsuant In toc LDC rcqlliremenl~, A UPS shIll he required On ,,11 projoc:ts durin!! .he
glJaranlcc or warr..nt)' period <II> described in this Ordinance. The Finill Ac~~plllncc Obli.!:~[i()rls
cadi bond is to rl!.imbl.lr&c the CO\JrI1)' or Dl51ric[ for lIf1)1 mad :It I late fe.:s alld all dircct allll
indin:CI expenieS irlCllm:d b)' lne COllnt)' or DiSlrict that u'ouid not hive ~en ialclIl,-ed if llU
dillies 3nd re~ponsibiHlie$ oad b.:cn pmmplly ~rformcd by the rC$pOn>iblc pUrl)' as reqllin:d by
litis Ordinl\llCC, Jllclud~llil. iJOO 1'1\)1 limited to, Finlll Attorncy's Affidavil. all cusla of roIllUL
Ulility Inspecliont~). Rcc:ordlllll Feu. l-Yo.:ar SewerVicwl:r ~eport, Video. costs of Inllilin& or
otlterwi&c pruvidiull all nOlices, and emergency repalfs lind/or maimoollncc lO the. ~.~c.livc
U[iliti' S)'s,lcm cunt.l.ucled by InC COllmy or DiSU;t[ WLln rel,l3rd [(] Bray sucll UtililY facili1ies.
Thc minimum amollllt or this Filllll/\cccpUntl.: Obligations Cc.sn bunlI Ci1l1 be changed f1'\)II)
linle 10 Ilmc by SurmnBr)' AscRda [~e~olution(s) of the HCilIl"Q OrCOllllly <':omtllls~ionc]'!>. Sl;df
mA)' ~umnufily waive the UPS requlrement wht;1l tile. utHitr fllcilitir::slsySlem1 an: lx;in~
cOI1~tructed by. or on bel\:llf of. Illlolher govemmcnul ~lltity. ~uch as. 001 nol Limllcd In, the
Comer CO~IIII)' ~chool BCllLrd, a Fife Diilr;C\. Iho Slat~ ofFlorid;1 or Or'ly agency tt/cn:of, or Ihe::
(iovemmcnt of ttle t;nilcd States Ot any ogency tl1\m:of,
8.5.2. U!'lnn preliminary COllYcyancc of 1Ililily SYSlcm(~) or poniQn{s) therenr [[l lhl: COUllty, the
Devdopcr ma}' reqllest a rcuuctiOl1 III the UPS in an IIIl\Ount equal to Ic.:n percent (lO'l',,) of tll<!
probable cost of \Jtlllly COJltitNCliorJ for lbll fCljl.lirod ~lll,r4lltee or .....arranty pcriod, I",,}]'
completLon or sy$le.ntr.) or portiones) tlll~:r'~of construcled 011 private. non.,ubdividcd propCl1y,
a ten percent (m%) Ul'~ shall be pro\:illed 10, and ~cccpted by, dIe COllllty or D1strlet prior 10
prelimin~ry llcccpllu1CC of lhe completed udUt)' ~Yilem(s) or pot"tion(Ji) tllercaf. Whl,'l1l:vc:r
reasonllbly poulblc, 1111.' UPS amolll1t soall be based on Ibe acrulll bid price oflhe potable WOller,
non-potable irriglllion w~ler nnd/at" WUlcwau:r iyslems. Whem:"cr a bid prj~c is II I IH2.(oI.I, ~
coPY of the accepted bidder' 5 proposal form ~1I1t b.: sllbmll'ed wl\h the UPS. Tile UPS sh<lll
bl: held by tile CounlY or llistrict ant! sholl! sctm't;: llnd cmer tlte performance of the Devi:lupcr
in conslrl.lclion DIU.I maintilininlllhll subject potable Willer, non.potable irrigation .....lIl1.:r lind/or
y;asl~walcr .luLlitioos. cxtcmions lind/Dr improvelnents. Accertable UPS form~ ~hull be 1I
PerrormanCC Hond, Cash Bond. im::..~ble Lellcr of Credit, or &crow Agreemel1t. The Ul'S
fl1tJ~t ~peejfy Ihat Ihe security sha[1 not cease unless and unlil the Bmrd Itu Cinlllly lL[;.(;eple~ tile
!Jlmty Systcm(s) [})at llre eov~red by tile UPS. No other form of 5ccLlrll}' will be lI'Cepl(\.!
Llnlc:u II waiver of 1M requirements herein j,J grancm by ....e Boaut All 6uret~ complmills
lIss<xiaeed with a performance RolId JnalL hold a current Cerliflcnte of Authority. as issul:d by
the Tl'Cl)sury Depllnmcnl, liS an IIcceptllblc 51m:ly On (odet'lIl b()!lds under an Ael of C.uI1~rc:s~
approved Jill)' 30, !947.
B.S.3. Auomeys-ill-fa(;t who ~igll a PcrformllRco Bond muse f1Ie \I,'I!h rhe Bond II ccrtifL.:d cC)py
of tl1cir Power of Altomcy Cerlilicnte. Tbe Bond mllU either be sigm:d, Qr CQUIO~rsjgl\lld by il
Florid. ~Iiseerc:c.lllgent. The surely .h.1I be directly rosponsible 10 Ihe County Ilnd t})c District
should lhe bond be utilil!.ed Ie compJetll an)' replin 0; work on lhe proje~t.
8.5.4. The issuer of any l.etter or Credit shaH be a federall)' hlsured lII'ld regulated SlIyingl and
lo~n Il.SOCjlltion or COII1me.rCiIlJ bonk, ootl\orIzed to do. Bnd doing business, in lbe SUite of
Floridil. The pl.~ of clIpir)llllUSt be in flerleS.. AllY Leller of Credit m~ls~ be: im:vocllbk: for
al least Iwenty.four (24) monlhs and J7lLlG1 ~Ilply '0 bo~h llle cotlstruetioR Ind mnilllen;ln(;c
27
Agenda Item No. 7G
July 26, 05
Page 67 0 86
obliglltil,ll'Lq t}t tne Dc\'ell>J'lCf llnd all FLn.a1 Ulilily ACCC?!IInCC Oblig,lliulli. including Illl~ fee~
and nlll~t be acceptable to lbe Cullier COUM)I Allornoy. Tbe beneficiary or any Leiter of ('.redit
shall be Ille I~OOfd_ Tile beneficiary of.t I..etter of Cn:dil prol'idc:d as a UPS shall be: cntith:d 10
draw on lhe LeIter of Cred il if:
IJ The Developer hIS failed to construct or OUIinlain the subject potable: wlIlcr. nuo-potAble
i1'l'igatiorl w~lcr lind/or wastewaCer irnprovernollts; or hils (ailed 10 fully pc:rrorm ;Ill Fill;:!l
"lZc~p""ncc Obligluions_ ....nol Acccpc;im:e Oblillloliocu must be. submillcd 10 Cornmunit)'
Developmcnt ~ f;nvironmenltd SCTVj<:e:~, uncin(!(Il"lng Servlc!!! Dcpor1mcnt within fouTleell
(14) lI1on(b~ following Preliminary Acceptance,
2) TIll! Letter Df Cre<iil is ~.;hedulet! to expire priur lu Find Acccplllnce, u dcscribed ill
SI.tt~scc;lion !O.3 hereIn, and Itltcrnllliv~ pc:rroImlnc.c: security hilS llO[ been prol'idcd and
accepted in lICCllTdllnCe wieR this (JrdhHlnce within thru (3) blJsil1cU day' prlor 10 till!
t:Jlpjrallon dote.
!l.S.5. A final ulility inspeclion oflllc ,ubjoo[ pOlable wlter, non-pot.bl~ ilTigAlioll wilt~r and/or
WlLslewater ~y$tem(l) or poreiot'l(s) thereof llball be condllctcd prior to relell~e of II I.wS. All
conslrul:lion llnd mllinlenanc~ obli8atioll~ <:overcd by II UPS shall be guaranteed lInd nuintAined
by the Developer UTIlII $aci,factory complceio[l of Ihe fin41l11tililY in~pcction. To 1IC1IedLllc tt~e
finllluliliry impccticll. the Counly i(off shall provJde written notice (0 (he Engillccr or Recllrd,
if pracllcahJe, approlLimatcly t!'liltY {301 clays prior tCl the campletion of rhe one (l) >'C;lr Jl<lJ"ioLl
from .IIccepunce by tr.c CO\lIlIj'. (he PlwlC'~ or the l:loard oJ the 'i'&tern(s) or ponion(6~ .hereof.
The reprucnl,uivC5 or the County, Engineer ul Rc,or~. C(llltractor, and Pqvclopcr ~ll111l
COOdllCl final utility inspce.ion,
8,~.6, The Finlt] Acceptance Obli~a'ioll$ c.ull boot! ond lhe UPS ,hall remain. at alltimc~, j[l
full force and ~lTect until lhe DOlIN i1pproves lillal lLCCepIDTl(:e. Upon such llppro~IL. the
County '!.:Iff s11~11 rl:ttim orld release the UPS lu Ine Projccl Engineer Or the ])~lIelo\'ler'~
dcsigniLled A~CIII and ,hall rei urn lhe: the II dGe P"I)'II'lCOl IxllllllCe, if any, of.lle Filllll Act:lll"um;e
Ohllgations <:Wlh bone.!. without inlere:st, to .he entity Ilia! supplied the Final Accl,';p(~[l(;\:
Obligations cull bond. The provider Qf lbe ca~h bund shall be strictly r~$ponslble to protnpll)'
keep County 'taff :advised or surlicicnt mailin,t rerum informallon to facllltate relurn or the lllen
duo cash bond balance, If the provioer or 'he Final Acceplance Oblig.lion~ ca&h bund t10es nOl
nOlify :lllrr ill wnlillg tQ thl!l contrAry. .bc FInal ACll'CplllnCe Obligations each bond shall rlln
with lhe land iflbc Iud is sold oUllncrwi,c transferred in the ineeIimllud in ~Ui;R event sh~11 be
rc:lumlld 10 the l~n current landowner'.) Qr, If applicable:. Qwncr' & of tile common uc:n, such
u 11M! gQndomilliLlm. u~iatlon or dllvolopc:r'. .i$O(;illllQr'l. If due. to dafll.ult of tile provJdcr of
the Final A'ceptanclI ObIi'Il,lotls cub bond, it il not po~uible for Itaff' to lIsccttll.ir'l lhe
Icfundabh: .unoual of tile bQlld wilhln fOllr (4) yelrs Qf'lhe dale of delivery of lhat cosh bond to
the COUl11y and lhe t)illrlct, tile clI&1l bond shall be forfellad co lhll Public Utilities DLyt~ion after
dc:dllclini all tf1c:n known ob!i8illiOlli p~y.bJeoul otlhllt boud.
28
Agenda Item No. 7G
July 26, 05
Page 68 0 86
8.6. C~nslruclion Cornmcncemerl~
Potable water, lll:m.polable ilTtgll1ion water ~ndlor wa&lcwlter 4)'slem C(lRSlruct;on shaH
comm~nce only after receipl of the following;
1. la) Fillill Wrllttln ~ppro"al of Ihe consullc\ion docLlments, or
(b) Preiirnlnary Work AUllloriz:uiQII {J'lWA) approval as outlined illlh~ LOC.
2- FDEP r.-OIl.LlrUCILoo pe.rmit~ for the polable .....iller. non-[lotllbll: ilTi~ation watcr
and/or y;~~tewl1t~'f systemb.
l. An}' other pcnnil tll:ll may be req!lired for polilble Wlller. Ilon-polubl~ in Ill_ion
willer llndlor .....astewate.r cOllslruction, I I\cludlng. but not limiaed 10 SFWM)) ERP.
M5W. USACE Drudge-Fill. NPI)bS and FOOT permits.
4. rrc"'\;ol'~t,uction mee1ipg ~~ outlined il'l Subleclioo 9,2 herein.
&.7. Ccmstruclion DOCUa\e1l1 Modification.
The Engineering Re\lielt,' Services Depllllment Director (COUDl)' Bnginccr) ur dc~iCl\cc. prior to
conunenCCn'lCl'lt of c:onstruC(Klll. ltllJst approve all modjf'k...ion~ I() pre\llou.~l)1 approved
consuuctioll dnCllmCI1IS. The: ElIgim:cr of ~oeol'd ~hall submit a Comlrucliol'l Do.;un~nt
Modilicatioll il1cludlng S written Icdmico'Il d~tripliOlI of oJl mcxljrH:lIli()I1~. ;In}' and all
applicahle fecs,lInt! revised consltl.lctioll drawings 10 the Counl)' nafffor \llirillcCI approv;J.1 prior
to l:0I15IrUl,:tiorl.
SECTION Nl~l:C: CONSTRUCTlON OnSERV ^ nON AND INSPECTION.
9.1. General.
9.1.1. Ins 11l1lD I lOll of 1111 pOlable Wilter. T101\.potabl~ ill'jgation Wilter andlor wastewaler by~Il:ITIS
or portiOn(i) lhl:~of lind/or c{)nneclions to tltl~[lng Ulilit}' 5)'~tcmS withi[1 thl,! Cflunly itlilll he
observed imd irllpccled. by qUlIlifiel.l profeS$ioJ\1!l and technicttl personnel ~s l.I~~ltoCd Jl~Cel~dl}'
by the 5rtGillecr of RccOl'(!, COlllln1Clion observation ,ltId inspection is required to ensure thaI
lhe system(s) ~r ponLon(S) thereof acccpted by the noard have been illslllllcd in accordance
wilb the County &llIff a~lProved con,truclion drlwinli!:s and lechnica' spcclfie.\lion~.
COMtruclion OOJerllalion and in.specll()r1ls further ncccss,lrY 10 1:11.$llre lhat the Count). ilnd lhc
pOlable "'lIIl0r, non-polable irril,lation waler and/or Wi5\eWillcr District, sl1llLl recei"e utility
sYLtems or PorlIQlI(oS) thereof that rtlq\llre millimum c"pital ex-penditurc for Oflcrstion and
m~llllClllmtc.
5n.2. Under no cirelll1Utanees will the County or lbe. ~istrict accept lIInylhin~ less lball tbe
foUow in ii- To IliILR proper laying and baekfillina of utilities pipes and other Ilndcr~round
lIlility faoHilios lhal ellR be damlllled by improper l.yinB or b4lctfilling.. l1Iinimunl of one or a
combination of Ihe follGwing methods shlllL bo Ulili;seo M t"'~ election of the eDtily doing lhe
installllciol'll)f the resp"tive r.c:ilili4:$; (I) mIIlchujcal i<::rcening Qr Illllivc beddillS ~nu b-olcklill
malerial to a compacted he:llht of (lne fOOISbovc lop of pipo. (il) importlng of selecl bedding
and oocktill marcrial to a cQmp.ilcred MIgnl of one fOOl abc,'c lOp of pip<:, (Jii) full.li[l"lIl
1l1$pel:uon durinG layinl al1d backfiJlini Ie 4l ~I)mp.':lc::d lleigJu of ODe foot Ilbove top of pjpc. (),I'
(iv) certification by II gcotechnica~ engineer licenseel to pracliee in the Stllte of Florida [h~1 the
native or e.lliJtin& ,oiLa to be encountered during IAI: CCJIJl5lructit)1l of lAC umlcrgru\lnu lllilil)' will
29
Agenda Item No. 7G
July 26. 05
Page 69 0 86
be suitAble ror use as beddint lllld nllln3lerial. If full-lime inspecrioll h lhe cllOscn ;llIcrn.~tiYc,
&lIch ill$pectjon ,haU consist of on.sile inspoction b>' 3 non-r:olJl1IY-llovemment~mployee
licellled Professional EnBine~r Dl'ldlor qullliried inspector urtdcr the suparvision. nt the
f>rGfe.ssiotl.'ll BRl1ll1(!cr porformed (at nO ~xpell$e 10 the COIll1ty or l)iSTl'icl fo1' Ifriwlltc projcClli)
dllrinllthc illst~II~[jl.ln (Ja~ing llnd backfilling> of all pOlable Willer. or rKl/J'pOlahlc Irrlgotlon
....alcr antl/Clor W4aLeWller systems Or portioll(S) Itlereof. Ra:crU Dr..wings sl1all slate whK:h
ITlcthud '''''';is IISel1 LOo ~HLlrc rto~r I:.)'ill& wnd bilcklillinl: uf matcrinl,
9.2. Prc:-COnLlruClioD Mcctinll.
lltlOI1 COlln.ly filarr IlpprUVi11 of . project', oonstnlelloll documel'ltll, and prior to lhe
commencel7\llnl of conurl1ctinll. a 11re-eonstrUCliol'l meeting EI1I1LJ be cOI'Iductcd. pllnulIllllo the
l.DC. The prc-<ulllilmclion m~ting stlall ~ held In the officcs of the COUlll}' Qt. if t!~crnc::u
llpproprilllc, at tile. office of tt\~ 1::llgjn~et of I~c:'cro. RapTe1el\lati\<es vf Ihc C<lunlY, the
API>Jicllm{s), Ihc El'Igmccr of Rccurd. tbe Utility COlT'lpaniei, the Contractnr llml thl: Dcvclap~r
$t~i111 allClld the prC-C;UI1ilruclion meeting. UI'lI~SS waived by the County slllff. AI tbe pm-
con:olruc;,jon m~cljng. a schedule of construction. itclivitics and copies ot'ull appl;~lible sl~Le ~nd
federal permits Sbllll be provided 10 the County rcprescnullive(s). At least forty,ei,,;hl (48)
hours wriltcn nOI!ce sl1ull be pl'Ovided fcr scl1cduJing tile pf'C-<onslruGtioll meelhli with the
Cout'lty slaff, Should In)' ulilily construction c.-DR1mCI1~C prj()r 10 th~ pre-<:onslruclioll n1eelin~,
the Count, itllff ,hall have tIle rlgllllO require portial or full e~po$un.: of 1111 compleled work for
observalion. ill~peoclion and ~'erificutioll lhat uttlltle~ \l.e/'C inuaJled in llCCorUUIlc;C wilb tile
appro\'ed conslruclioll dO(um~lIb and lechnJcal Sp<<ilil::tlions. The Uwn.,..r, D.:vefopcr Or
aUlhorillld agent shill notify the County sllff in writinll of '*flich one or I combin~lion of Ihe
tollowinll m<:ll1ods will be used to a$iUl'C proper 1.1)1ing and backf1lHng of utilities (lipe~: I)
m.ol.'hanlclI] scre~llill4: of nati~'e bedditlg and badcfill maleriallo a compacle(i hei~ll of UtIC fOOl
above top or pipe, 2) imponinc of Sl:ICI:I bedding and hQc~jjlllllilterill.l to II COmlllli:I':u h~ight of
One fOOl ,ltlOV(: tOp of pipe, 3) full-lime jr'l~l"Cdion during pipe lilyllll,l ~ml bllckflllins rC) ;1
conlJ"Ol4:lcd h.;:i~hl uf un!: fOOlllbovc tap of pipe, or 4) ~el1ification by II gcuccchl'lic;1I1 ':l1gjneec
lic~sed to pra.ctj~ in lhe Stale of t'lo.ida Ihlitll1c: DlIrive or exiSlinl: lioils to be eocoulllered
!luring the conSlrUCllon of lhe undervouml utility will be suitable for us.e as bedding .ncllill
m3 tcrtlll,
9.3. C...onstruclioti Schedullr'lg,
All polable waler. non-}'lQtnbh: irrigation Willer and/or WlIs.lewatcr S)'5ll.:m con&lnlction in riilll-
of-way areas, induding p[cnun: tlll,tlnjllnd $ewe.llmping, shall be completed in u:cordol'lcC
witli tho approved conJtFuc:tlon p~llnti ud ll:cl1niclIl speclflClltloll$ !'I'jor to ptQCceding with lhe
iUlbUlzation of the roadway tub-grade. In.tall.IOIl IJf impl'Q\lement~ thilt would c:ompllCll10
corrective work 011 the potable: WIIBr. ncn-[lGtllblo irrlgalior.J wator lind/or \Ioo,,.lOwull:r $)'slemh)
Qt ponion(s) lno.reof. IhAI~ be considere.d in "hC:~\fJing .llldjolninlllJ\d/or rel.led ph.ses of lhe
constru.c:tio.n, Tile Counl)' stiff shill be nollfied wilhin lwo:>oty-lour (24, houra. wilh wriuclJ
fon"",-up. "f .any problelN Ind/or conrtic1s wlLh the COIl'U,\'C:lion or Ihe addltions, Clololcl1liiol'ls
tlndlor inIprovemenu al Ihay ar(c:~t lhc c:ompletlon of .110 propo5Gd iysrem(,) or pOltion(s)
thereof in accordance Willi Ihe Ippl'ClYcl:l C:OonllrLK:tion pllll\s and IcchniclI 5j'o1:cificlIt lon$.
FIUufe to comply with Ihis "'ll'"hti<m shall c:onslilut~ jllst ClI\lSC fer the iuuallec of I Slop
Work Order by th6 COIlnly staff lInd [he Coont)' sfaff Il1l1r1 hl~ the ri.!lht to require pjll'tiul or
full expospfC. of any fellated work whkh hu been completed. in order 10 obserYl:, inspect. lklld
30
Agenda Item No. 7G
July 26. 05
Page 70 0 86
verify Ihat Ille uliliLlei were illstalled in R,c()tdance wich lbe ~PI)fOved eOnlill'llCli()ll ,"an.. and
lech~lca.1 5pct:.iflcalions.
9.4, Construction Obscp,';uioll and llUpCClioo.
1).4. l. Genera I.
PLlr~uapt to Ihe f.A.C" Clmrtlll" 62-S55.S3J. che constmCliC}f1 of lInlablc w;tlL'r ~ltdlor
I'r'Riu:water lys.lcm(s) or porlion(l;) lhc:n:or requires ;l l)rofllouional El'Igil1ecr t~!',Ii.") to cCI'lif)'
thst the C(m51TlIC1~(ln \\IllS complcJo.! in ~ceordance wilh rhe approved conslruction pl;Jns and
lecl\llical 5pecLfiratk:ll1s. The ;;ertiticalion must be bllse(.l upon oll-sile obSCrv-IIt;Oll of
cOIl$lruc:tion, therefore. ~L1 pOlable waler, non-pOlable ilTi~lllion waler aOOlcr .....aSlc.wlller
3ysrc:m~ conmuclion shall reqLlire oil-site COnSIJUClion observillion in eornpli;J.l1Ce with tile LDC
ami F.A.C.. Chllpler 62.~55..533. lIS 1m)' he lIt1'1eJ1decl herea.fter. The construction obscrvJtion
shall be performed by a 1).H. licensed [0 prl.cti(c in Ihc StAte IJr Florilla or a dcsigl'llltt!ll
lechlllcal rcprcscnlativl: under lh~ P .E.'s din:ction.
The r.E"~ cerc\fk.3Iion of CCJl~truclicn cornpli.lT1tl: witl\ County ilaff approved CO"~lr'llCtiCll'l
dncumcmls verjfies lnat Ihe pOlablc walei'. non-polllvlc lrrigarjon water and/or WaSle\\~dter
!>)'SlCII\l> or porlion(s) 1M:r>.:O( ha\'c been COIlWllCICd il'l accordance wilh Record Dra.....ings.
Refer to ScCl~on 10; UtWtics CCDvc)'llm;e PrOc~dllre~-
9.4.2- (':()n~truc:tion Impeclion~ by County Rellrelcnllllivc~.
9,4.2,1. Upon final written appronl or con~ITLlcllon documel1ls hy Ihe CoUllty swff. the
Engineer of Record stlall be pro"i~~ willl a list of standard inspections 11111t require lhe
pn:sc:m;c of a COUI1ty represelllluivc. All required il\fipoceti(lns shill I be ~denlilieu in Ihe:
County', staJfs approYill leller for Ibe projccl. The Engineer of Rc.ord or appli<:.aru's
conlra;;tor 5h~1l be raspon,ible far requestlna County inlpectlons based upon the ~chethlling
anu prog'~$ of CQnSln.Jction. RClJac~l$ for inspecdcll3 shall he provided te Ihe County ~wrr lit
least fort)'.cigtll (48) hOllt$ prior 10 the requested inspcC:lion to allow ij\:he.,Jul;rtg of Lll! C:C)Llllty
InspeCIC>r. Verbltl confirmation of llle in~pectiDn ti~ or II requ~&110 reschedule tl\c inlpeCliotl
s~lall be: made by the EI&lneCl' of Rec:ord. During the Counly inspc;Gli()i'l, lhe ~n~~'l(':Cr of
Record Or hisflter dCJ~gnated reprcscnralive shllll be !\lailllble o.-~lte.
9.4.2,2, Ro~dne C01JlIly in~?~tions 5h,,1I be performed witnoClt notice on ~1I polub1c w,\lee,
non-potable lITigation waluf lInd/o' wastewater syblcms COT\$ITUcliOll to ensure comp1i:JltCe with
COUllt)' approved coutfuetion documents. In che cvent lhe. Colloty Inspector, or an employce
of the Pubii( Utilities Division. duri!\g an on-sile ln8~icm. finds construction in progress
which doe.. not comply with the proceduT6s IlId policies t:OOlahlcd herein and/or the appron:d
ccnslruclioR dac~~u. 1M County IllSpOC:tor, or emplo)'oo of t1ta Public Utlliclc5 Di...lsion
~h&lIlulYe fullllllthorily to issue II SlOp Work Order. Such Stop Work On.l~r sball rl,,,nllin i1l
full forc:e and c:ff=<:t willI l'Cspect 10 lhlllon-comllli~l'l wcrk untillhe dacumerllc:d diKrc>pllnc:i~s
h....e: bc.c:n oQlTOCtod 10 the full sali~rac:tion of lh~ Public \Jlilitiell Djyis;<ln. Canstnl<:tion'rellllO:~
In.ipo:llOlu, w~el1l11ppliJ:(Oblc. ,hall il1~ludc, b", nol bo: Ull'Iiled IC. tha followins:
a) Hoc tlpli 10 polAble walerlil1eslarllOr tll<ll\ 6" and w.Elewate1Iy~[ems lines greater
thaI14....
b) Masler meter artd b)lpuS piping.
c) Jlck & Bore 4:8siogs,"
31
Agenda Item No. 7G
July 26, 05
Page 71 0 86
II) Pre~s Lire IClils. ·
e) 1IlfiltrationlExtillratioT\ ICSh."
n Lift ~IQtion installation. prior 10 covcr.up ~nd slart.up.'
g} Lin station .\tart-up..
h) LampiDg of sewer linc,..
i) Pjggin~ ami flushing of was'ewat~r lines. (orce m~ins. pOlable Wilier maillS JIH.l11011'
polubl<: ;(rill:uioll lin..:s.. NGle. full bun: nushing aJld piJ;llill~ of JlClr~bl~ wLlter lille~
neeu onl) Walcr Dep...,mentlnspcClioll.
j) Tl:lcvisiCln video laplng of wa5[cw~tc( lines OIl end of c;onslrudioR ~I\d the .....arranty
p~ doc! ("' i n .ofiicc n: " ~e\Io"').
k) COI,mClcoostnl(lioll.*
1) CormccO(ms III cx.i~ling pu,.i.l1e water, non-poLi,bI,} iml:Olt'QtI wat~r "nd wLlslewah:r
SYMCrJl~, +
In) fI" dial!ll:lCl"or lar~el casing instnllallons..
n) Other spe~i." r~quiremcnts as sp~ified hy th~ COllnty starr OIt Ibe time ur
conslruction UOC\lmClll upprovaL
0) Cblorinulion of WOller lines and reflusl1ing of lirte afler c1lloriDalion (needs only
W~ter Depart01.l::111 ill~pecliOl\ "[II)')."
p) Inslalllllior.oflempClmry rrtelCrs/backnows..
q) Bacterio[ogic.lIl s<Lmpling {needs Waler Depanmcnt In~pcction only)."
r) Hot taps 10 allY water concrele main~\ pre~~ure lem Oil lim:~ 2U" ,lIltl grc~tc" and
C{lllO"::CljOll' to exj~ljng polable systems !!rCah:r Ih~1l 12" nee-clIO l>e in~pe~lecJ h~' Ih~
Waler Depilrtmellt and CDES.';
~) fin: flO\llleSI i ng.
"'All inS]leClnr 00 bchilJr of [M COllnlY or otller qualified cmplo)'l:C of the COUnE)' 111LlSl b.:
preserll during jnspcclions markea \.I' ill, 011'1 aSlerisk_
9.4.3. l'relilllinary Inspections.
A prcljmin~TY inspection of lhe compleled ~ysll:m(s) oe poniotl(s} thereof ~h..11 be ,eqllired
prior to :my conv-eYllnc:~ 10 amI accel.l3.tlC:e hy rile Boord. Dllring ltti~ illspection. the lllililics
will be checked for cornplianl:e with tlle approved I;:cl'I,muclion drawtngs and/Dr appro\'cd
rc...i~ed cc>nslrw':liOn drawings. All sY5lcms mLlSI be:: f[)C1nd [0 lie in full compliance witillilc
Counly-appro"cd conslruction dell'tings, or COl.lrllY-.'ll"proved revised ~Qnstruelic>n drJwing~.
prior 10 cOllveyance 10 Ihi:: Board for ~ccepl+mce. Refer 10 Section to: Utilitlcs COIlV~YilnCC
Procedures.
9.4.4. P.nill Utility lnspcclions.
9.4.4,1. Fillal Ulilily ln~pectiolls procedures run will' all lond in, on or ~ver which the
tllspecliV1l ulitily fileitHiel have been ill~taJled (conl;I(1,lCled). Tile fino I uli1ily inspcl::lioll sh:.lll
be "onducl~d l\ourlier thlUI ono (I} )'oar And 1'10 l.ot~t than one (1) )'ell.r lInd 5iAty (60) du)'s uflcr
pl'l!.ljminary IA:ceptlloce of the: ulilily sY~lem(s) or porrron(s} thereof by rile BOl;lrd. Bwell filial
C1lility inspection shall be delinql.lenl (overd C1e) if not compre(e(J Md pil$seU wilhi rI fo,-, [1<;ell (J 4)
monlhs after that 8Coep18ncC date. DurinS Ibis inspection. the utility syslc:m{~) or- porliol'l(s)
thereof si'lall be e~.mi.roed for <lilY defect ill r'IUIkri.'c IIndlor \VOorkl1\.llnship. and for phYSll;ullll'ld
32
Agenda Item No. 7G
July 26, 05
Page 72 0 86
Opl:r..\iOll~l campHanee with [he County staff llpprm'c:d Reeord DrawiD&s. Tne Ul'~ .o;b:lll
rcmllin In effecl \Inti! all hn..1 \:tility AcceptlLllce Obli!;!Ilions have been s:lIisfaclorily
Cl)mple~r:d, pa:;sed and fin4l1 :Ieccpl.:mcl: h<ls heen granted by the Board. Refer to SectIOn Ten:
Ublitic~ COIwr;yntICC Pohci\:s~nd Proccdun:s.
9.44,2, ncHllqucni FinlLllltility In~pcctiol'\<;, Sl3ff sh~~l provide wrincnllot,cc of \l\'l:rduc [lIla!
Iltihty insp~ctlons and oHler failures to ~{)m~ly witl1 tinal utilLl}' inspi>Ction rcqum:mcJ\ls.
lncluding ldl h...al Ulihl)l Acccpl~ncc Oblig;l1liol'\$. The nollce;: .ball ~H()w ~lxty (60) days after
tecCipl of tile noticflto comply iLllly with 0111 final acceptance pmeedurcs. Any ulihty filcihlies
th:ll havc not passed all Final Accc))t41ncr: ObliglltlOIlS !lot Later lban six!)' (60) days ~fh;r receipt
(If the' nOlice shall suhject the ;ervice site and :lll unils served by the utility f:tciliiic~ ~o.all
pt:nalty provisions of this Ordinance, including wilhbolding of all addilional CrJunl)' rNIl,il~,
pcnnil;:;iol1s :lnd authoriZllticns r~i:ardll\ll those sites and units, including, but nor limited to, silt:
devc:lOI~mclll or silc impruvtmcnt plms. conSlTUoliQn peTlnlt~, and/or allY am~c\mr;nts to ;'lilY ,I!
the same. Subject to s\aft' providing \hr; !lotice. lh~~ provisions apply 10 final ublity
illsp cclions I hat we.re del inqll enl pnor to the: efTccti VI; cia te of this S\lbSecllQi'l.
SEC"nON TEN:
Ul'll,ITIF.S CONVli:YA:-.CE rOLlClf.S ANn PROCfWURES.
10,1. Gcm;ril1.
All Utility 1'~'::I]Ltics 10 lK: conveyed to 1he County or Dislrict, IU Inc 11m" "f C<lllveY:lI11;C In Ih"
Count)' (It the DtstricI must comply wilh thj~ Ordinallce amI wllh alllhcn applicable s(alldards
~lI1d specirICIHcOn$. :'>/othulg ill lhi~ OrdimU1cl; requites th:lt Ibe COlLnty or .he: District mllsl
aec,--pt lllle 10 or <lny n:sponslbilily for any lllilil)' facility, including t:ilcb hllerim Pacllity m
Interjm ~)'sh:rn, wuil the r~cihty Or s)'slem has then rcceived all proper perm ilS/1 iccnses from
all applica\)le agcrlcil::s pdor to ,md during lr.e eGnstn!otiollt eXp;llls;on, repair and/or
maintenance or cmnlllctioll of c;\cn su~h ~llihlY facility or Inll::rlm UILlity Faeilit}' or lrltc:'~l1'
Sy.,,!em alld the facilily. Intenm F~cility ;md!or InrCri,n .systt:m. then complic3 with all
applecable rul~~ and rcgulaliorls of all federal, FIQrlda and/or 10elll rc;~lIl~tory <llllbQf'ilics Or
:agencies, alld of thiS Ordinance, lhe Utility Standards Mallualand all of the documelllS then
incot'j}orated by reference in that MlInual, llnd e1Ich such faCility. InterIm faCility and/or Interim
:>}'~tem is nO\ then under liligalioll. ellforcemenl. 4lction. claims and/or lie:n. prior to tne Ir.rrsfer
and/or cmering into a Facilitic1> A\ircement aSSQciated with thl: Dislrict or otr.et il'l(lcrc.\dcl\l
DIstrict Utllity. ~ubject 10 lhe;:~;; H:q\Jiremcnts, potable water, non-~tablt jrr~s~tiol\ wale I'
<lnd/m ""asl,w~ler systems or portiones) rh~reof. after l>ubliw Ulilil;';$ Division B.!,proval (if
applir;ablc), shall be offer<.:d 10 be conveyed :0 and accepted by lr.e Board. The Board will
aecepl title to the offr:rc.d faCmlles utlle~s in tbe specific instance lhere clIisl6 good reason not to
accept title 10 such faci1ities, Preliminllry acccptllm::e shall. after Public Utilities DivLSioD
apPTovlll (if aflf>lic3blc). bo; gr.."!..,l 0)' the Commllnily D~"I:'I(l~nl and Envjronmenlal
Service,!; Division Admil'\j~lTator or dcsiiPlce, Upon approval from ttlc Public Utihlie~ Oivi:;ion.
fLnaL ElcQeplll.no" of such faeilillu all~or liy..lem may b.e approved by the: BOliN (sub!i-Cquent to
lne <:>ne (1) )'ear wll.TIlll1ly pettodl and after at] Final ACQcptance ObligalHJn5 ~nd reqLJiremenlS
h.....e bl'>en complied wjlb. All fadlilic3 &ndlQr s}'3kms shall ~ located ~ithil1 I'- CUE (or public
rig ht of way) ifthey al'e kl be owned, oper.lW!d ~ndl()r mil inl~ioetl by Ihe County or the District.
Neither the COLlllty nor the Disttk: sna.il ha\le no duty with regllrd lO, or any respoll!:ibility lor,
allY ulilily rllcilitic3 urltil tille lo ~u(;h utility facilities has been finally accepted by the Hn.1rd,
Notwithstandins that neitht:r lbe CQo,lnty nOr the; Di3tnct hllo5 Gny duty wHh respect to sueh
33
Agenda Item No. G
July 26, 5
Page 73 0 6
fOlClllties or sytolcms, in tllc c:""nt tnal County ~tilff d.~ems IAaC due to nl:teSsily (emcl'gcll{;)l) Ihc
Count)' or the District should CXpelld mom:~ +lnd/ar pcrrorm boor to rel"air, n:p13c~, rnaintaill.
reloc.1le, remOve or have a CQnmu:t(l[ or ocher entity perform any orAer similar aC:livit)' witll
regarulO slJch wilily fao;;ill!i(l~ or sysldm, lne 13[);1f(! ~s ~lllhorjl.Cd 10 rtlcord " claim Ill' li!.:ll
~l:aimt Ih\: properl)', sitc(Sf or UDICS<sl th~l werll Illspoflsit1le for ~uch utilily I'~cilil ics (<Jr
S)ls~(l1Jl) ~t Ih..: time the COU11ly sl~f( dccrn~~1 it ncccSS<\1)' 1(1 act
30,1.1. PI,lJabk: Wll\~r Line Acceplano.:.
The SQ.3rd may 3ccepl llllc ICl II pot;lble water distribllllOn syslem provided nil pipes [0 be
;Il:ccptcd <Ire sil'. tnche. (6") or grc<l[cr i~llli~nlCtcr. ,lIllL may accept tide lip to .md includiLlg.lhe
.....ater mcter and/or bild,!l(}w pr~ve'llion de\'ice. All such fllcililies must be locil.ed within
llCCcplilblc. CUE(s) cum,eyed In rhe County (f(lfer Ll> S<!CtIOI1 7,74 1<)( eascmenl "..idlll]
and/or lawfull)' ~oc!lled within public right-of-wll.y. r:cililcr the Count}' 11(l( Ibll l)isLr;cl
shilll accepltillc l~, Ilor ro.:lipol\~lbHily to r~p;lir or mailltaln. any dcdicat~d fire lill<': in'~specti"e
Q r ltle ~izc of .he nrc Ii Ile.
I Q.1.2. Gr<1~'Lly Sewer Line Accef}UinCll.
The Boar<! ma)' al;ccpltllle to a !,:m\'il)l W:Jstcw.tler collection system provided all pip;:s to Ix:
il~cc:ptcd arc ei.cht inc.hcs ("~") or grealer ill db.meter. All SUi:n r8CiHlics mllst be locllted within
acceplable CUE(s) conveycJ 10. the County (refer to SeclLon 7.7.4 for cascfm'nl width) andl()f
lllwrully located within public right-{)f-way. The Couf1ty will accert ownurship of .!lese
facilities ol\ly from a manhole or c1ellnOlJl l()I;illcd at the property line of the f~cility (projC!cl)
runnins Ii) lAC milin wa~4Clw..ller cr3vit)' lolkclioll s}'stem. The minimum a~ccptdble <1s.tJuilL
slo~ shllll oot deviate by more tAlln 10% below the DllowJble slope.
IO.l.3. tift Slatioll and Force Main Acceplance.
Tbe Bourd may accept title to a WMlC""i!ler collecLion system, indlJdiD,l: fo~e main~ llfld/or lih
Sll1t;OIl(~), rrovided all pipes 10 be acccplCU <Ire four indll:s (4") or gll'.Dter In di~meter. All suetl
facilities mUSI be l.......fullylocalcd within accepta.ble CUE(s) convc)'cd 10 the County (r~(er to
Section 7.7.4 for CilSCmenl widll1) lind/or hH",full)lloc'I\~~ within pubiic righl-of-way.
10, J .4. Non.Potable Irrigation Willer M.ain Aoccptiln<:e.
10.1.41. TI\t BOlIrd may accept for uwnership. QP~raILOll and maintenance non-rolablc
irrigallon wm:r tr;lnsminil1n $Y~LCrm wilh pl(?<lS six inchc~ (6") or grD.ltcr in di~meter.
inch.uhng the masler meter a~fj(mbJy, loat arc: lawfully \OCilIW willlin acceptable ClII::(.~)
COllveya.d 10 the Count)' (refer 10 Seclion 1.1.4 for c:m:menl width), or lawfllU)llocaloo withi"
pllbHe righr-Qf-....ll.j'. The BoIlrd ,hmll not accept for ownership, operation and m~illtenance .my
illlerrtal non-polable iITigatic)n systems tbat arC dCHlIBstream of the lJ'l,astcr metcrll:>scmbly,
10.1.4.2:. AU projectll ~l.Iiring irrigation Ih,,]l provide II mm-PQlnb!1! irrill:llion wa!(!f
distribution In.em ""ilb Pantoflc Pllrple ,S22C pjp~l1g. ll.lld $uch system shill tle n...nilable 10 00
,(mneelcd to the COUrlty (or Diuril;I'S) syslem when Counly's (Of Disl~ict's) rel;lliliID\:d sy:HeTll
is ava.illible to servicc tile project. OWil1.:r(~) shall bellr the sale lesponsibilily o.f aJl t:mts
lIssocialro wirh any additions. eXten~LCln$ lind/or impmvcmC"rllS IlC"Ct;$~~rl" to Qllow cOIH\cniQl1
to I~c CUUnl)"$ (or District's) non-pot<lbfe iml;'ltion water mains.
34
Agenda Item No. 7G
July 26, 2 05
Page 74 of 86
10.1.4,3. f.~,ep[ion~ 10 subsec[iuIIS 10.1.1 through lO.l.4.2. NOlwitltslanding subsC.lioll.1
10.1.1 Ihro\l&h (1).1.4.2., thc COUI11)' or the DisHic! may aCl;ept title I~. or rcsponsillilli)l ....il]]
reg3rd tll SlKh r~,ilill~~ if ill [he spi'cifk in&l.1ncc lh.c: Public Utilities Adm;tli~1r~lor OTdcsigllc.~.
for anicublcu r~~on~, dW:lrlllin~~ in writing :hat (k) it i~ in rhc COlll11}"~ ur the Disu'ict's
s])~ciDI inter\:~I, (ii} ull ~~CC["I,,,(l~ are Ihe 1)l1h!ic illhlfesl. (iij) .here are cmnpcJlilljJ rd:LS,}ll.1 for
tll\~ c,~;;erption.s and (IV) ..:acn c~ccpli[)ll is rca~oJ1~bJy n<,;ccss"ry, E<idl c!Occpliull [() all}'
eascmcDt reqllirc:ment ~11;J11 [)e gmrl.ed only through tne Applicatioll for Devjatiou,) Pfoce~~.
10.2, COflveYOlIICi;: DOC\lmel'lls.
UPQll 1he County's (or Distrlct's) rmill <Ipl'roval (Jf '\:Ul1~ITLlction doculllc:nl~, F.llgi'lCCI illl;
Review Services Ikpanmclll Direclof {County EllginCer} or <Jcsigneo:: ~ll~11 provide tl,,:
D~vt::loper ""iln llle Counly's ched;list (liCe Standards. ManulIl APllerldix) o{ \;()llV~y~tlCC
documcrlls. required for s~bmis5i()n :Llltle time the conslrucled $y~ern(.} nr p<)rli(111 (s} thcl\:of is
cOII~idcred for d~di'ali()1l to County or Dislnl:t.
1) All collveyancll documents, including but !lot limited ro. .D.:cds.. l3ilh of Sale,
AffltJavils, Easernerll~, Facilities Aireements, ~ubordilla[ions, Mm>fer
CQndomintumfllorneo-wm:r's Amx;i;llj[)ll documents., letters of Crt:dlt Rnd UP.'>_I. shall
be in 8 form accepl;l.blc to the Collier CouTley Attorney. A schcduta of st.[Id;mllcp'~1
dOCLImenl forn13. approvc(l by the <':ounty Allomcy. shall be utili/.ed a~ " !;;~]id<:l in lllC
prcpac:ltion ()f ,;of1\1<:yall~c doculrn:nls. (Refer to Appendix. A of Ibis Onllll<lnee <Ind
Appcndill D of Ihe S.tandaros ManuaL) Re"i~ion~ 10 )tandllrd legal document rorms ilS
provided here:11 sh~1I be rc~'iewed arid approved by the Collnty Atrorney "riOt lO
submini\l to lbe CommutlilY De~cIOprn!!rJt and .El\lllneering Sctvices Djvi~ion,
2) Elich imtruclL()n in the A[1p.l"ociix of ~hi~ Ordil'l<lncc is a .Ub.l.'ln[ive proviSi(1I1 of Ihis
Ol"l.liflOlnce th<it IlIttn Ix I,:omplicd wilh unles~ waived in writjng by lhe revlo.:wing
AssiMant Count)' AUor!lCjl wilh regard to dle s.pecif1c d"cull1enl in 111L.: ~p~ciric
inS[i1n~c, aml s,,~j~t 10 such cOllditioll~ lIS may be required hy th...l AtCorney.
J) All <Jocultlcnls Shd1J be submiUcd ll> the Engineering Reyiew Scr\lkes Dcpal1mcnt
Direclor ICoLlnt)' Engineerl or de~ignee for review and wriucn approval prior to
preliminary m;ccplal1ce cf the: lltililY >)'MCm(S) or ponion{s) lhereo{ ~tld
commencement of se[yir:e. Recording of all docurnenl~ shall be: made by the CQunty
only "fler writlen ~ccepl~llce by the Comn\llnil]l Development and Environmental
Ser1: ice ~ Admi n i strator or des ignee. All documctlts rccnrdcd hereafter, wh i c h do Il()!"
folL!)w ltJis procedure, sl1aU b<; n:lumed liS ''t.lI1~cceptilblc.''
4) For prcjCCI~ where the potable \/faler, noo'potllble il'l'jglltlorl wale.. and/or wD.le""l1ter
syUems Of portioll(S} lncroaf are not e:onveyed to!lte Board, rroe R<:<,or(l f)r~win,gf> ~hall
conlain a disclaimer stating; "On-site po:.able w;tler. !'loTl.potabre: irrigation water alLd/or
wulcwater s)'stena sh~IJ be I)WI1t:cI, operated lInd maintained ~y the Ma.tet
CondorniniLlmIHomeoWIH::r's Ass.oeiation, ils Successors Dr Assigns.' (or Qtltc:r
t:omparablCl private owner~hip). Flt'ft:f 10 SLlbsee:lioll lOA: Ro::~<)rJ Dr;lwings.
5) Tbe applj~1I1l1 is litri(:tly rnpo!'1osible to keep staff promplly IIOliFicd Qr current >lrl<I
COmlCt mailing address!!!. Until (he ulility fadlities lx!iog cOrlvcyed lire rLn~lI)1
Dc['epl<<! by the BO;l,rd. Ine applicant St\31J illfl'lmJ County .laff;" writins {to tile "ddrr.:~~
~H.
Agenda Item No. 7G
July 26, 05
Page 75 of 86
00800 N. lIorseshoe Dr.. NlI.ple~, FL 34104. Ann: Engll1eerillg Scr\,icts) of (:OIel1 :m(1
every \;11~nge 10 th.c ~pplicJlI11's ilrct:l "ddress, m~i1inc ild~rcss. and/Qf ~clepholle
number(s). Such nOlice to Slaff snal! RO[ be er'ltlCLivc: unless rc~cipt of ~,,'h ,,(ILice is
acktlClwlr;d~cLl irr wr'ling ~y Sl;lff ;Illd such receipt is prc~lUed to the CIHmly ~l;ln by
'lilY imJividu..1 Of emity ;Jsser[ing riml !ouch r1oti~e bud ht!ell deli...ert:d 10 staff. ;\ Iw: III
sue 1\ wt'iUC'1 iI,1I no'....led gemc n cor ree e ipt of the .\ pflci lie J1r11 ice by S l>lll. .1 ~ IT i,
aUlhorized 10 m~il or o[her~jse ddlvcr kue:rs and/cr Qlher rlOlio:c{S) to Ihe I;,sl klloWI\
ai,J<:Iress of [lie ..pplicam as such lIddrcss is tl\en il1(.tjc;ll~d in the re~pcctivc mlli[y
cGrlvC:Y<loce <.Ioclllncnls file for (RaC ~pplicaru. ;J.nd ~uch m~iljn!l. shaU l;1e effectiv.: l'Iotic<:
10 the .lpplicanl pum.t~f1t hJ this Ordinance.
6) Exhibit n [0 the Warr;mry De~d. Rill of Sale or combined Wlltl'3nl}' DccdlUjll of Sale
shall be Ii skelcb or ()1I1er gr~phi(.; n:prcsentatiQIl GIH.,......~1\1: [h~ phY5ic'LI locatio.. L)f the
utilil)' facilities lw:ing convey~<.I 10 tnc COllnty or I)i!ilri~l. It i!o prefcJ'ilbk CbiLI lhe
ElI:hibil Ii be 10 ~calc. Each F..xbibil n 111\Jstuc;mibc the fadli1ie~ being canve}'ed by
type (w41ter line, wMtewlilC.. line, E](I st.UfOO, ctc). Smff ~hall stamp c;Jch ~uch bl.ibit
B with II .t~mp lhal J'Calls sub~t:mtially .LS follows (with blallk $p:Jces complered wilh
com:cl information):
"The Uti lily FaciLjtie~ l>t:ing
conveyed ~rC shown on plan~ pfcj'lilred by
. sheets _ chru _, datr;:u Ill\; _
Thcse Drawing:; raave ooell ~$Signcll AR f1umbo.:r
dOl}' of
.20_,
W.3. ln~pcclion.
Count)' staff Sllilll re'juin: botb a prelirnin<lry ;mc fillal utility in~p<:CliOIl of all pGtabfc ",mer.
f1()I'I-polllbli: irrigatlOIl Willcr Jlnd wa~teWater .&ySlCtl1S or pOrlion(5) ItlereOr i::Oll5truclcl.l. Tile
C;oflstr\Jction of aU putable water. !lon.potable irrigilticJ1 water andJllr wasrew~ter &yslcm~ 0/
poniol1(s} thereof ~h:lll be observed and cenified by the ~llginccr of Record ~nd :ollilll he
jnspecteiJ by tile County. I{efer to Sub~ection !>.4; COl'Istl\iction Observ~tion :llld 1I,~p":(;ILon.
10.4. RecllrU Drawings.
JO.4.1. RecQro Drawings shall 4I:ccLIf<lldy depicl llle cOrlstruett!d configuration of ~1l pot.ilblt:
water. non,polable:: irrigation Willcr andJQr wastewRlcr s}'stem~ or ponion(s) ttlereof. All
rcviSlonS to County sl:lff :l~provec CQllstrLlCtioo dra......ings sball be precisely idc:ntitied md
illllst....lcd Oll lbe Re~[}T<:I Prllwings, 1\11 Record Drawings of utility sysh:m.r. or portion(s)
thereof l!lallllt<l llot beiag cOa"cycd 10 the Soard sball bear, On the cover sl,eel, il prominelltly
djspl~ye<l DTSCLALMER, in bofd Illtlering lit IOlln lme-qu8rter (1/4) inch hiSh. ~Il.inl'.: "All 011-
site pOUlbh:: water, non-pot.ble inigalion lIndlo.r wllitcwater syslCml> shall be. ()wncd. ope"iJ[ed
~lnd maintlli['lod by the privatlO owner(S) III1d/or the maSler cOnl:lominiumlbomlOC}wncn'
alSCH:iiitlol\, $Llct;esson; or Il$$l.llns" (or a.her comparable pri"al~ oWllenhip).
JOA.2. Three {J} ~"t&: Qf signod and &e~red RC>l:ord Drawings for lbc: poca.ble walcr OR ,lnll'
potiibJe im,ga!iol1 woIIu:r OR wlll~tewalCr .s)lllern5 to 00 conveyed shllll be submilted [(, 111<:
COLJIl~y or Distric!. H potablll Willer AND w.llstew;lter. and/or noo.potllb!e irdga'ion water
sy~tems Qr pOl1ion(s) I Ae:reof .are being cOI1\1eyed. five (5) iets of si~ned aIle sealed R~l;Ord
Dra.wings shall be stlbmllted to the Coonly $Iaff. Each s~c:t of the Record Drllwings ShllfJ
36
Agenda Item No, 7G
July 26, 005
Page 76 0 286
iJe[ltify the eT1tity lballlrnvidcd tbe T(:C(>fl.I U:lt... nr~win~ &b,dl be referen.:ed It> ~m.llic-in Wilb
IllC Slate pJJne coordil'lltte sys[cm. with ~ Plorida Easl ProJection, Jnd a NOTlh American D3tum
J983f1990 (NAD1I3f9fl datum}. ,llld wilh Urlited Slat[:~ Surlle}' Feet (LJSfEET) unil~, ;.s
esl~bli~l\e(l h~ a registereiJ FloriJJ sllt"\lcyor and ma.pper. Fi les ~b;Lll be ~ubmilled in I)j~il..1
EJ[ch~tlge !~ik {DXF) fornl~t ill AutoCAD Release 14 or later vCfliiofl. Record dr;lwitlg~ ~h~11
b.:: submiucd to Ib~ Cnunly st:lff wiJhin 60 days of the flJl;]l COI1~lru,tioll cOrl1])lClion d;ll~,
10.4.3. The following items "il~ll be a<,;cur3l1::!Y deflicled on tll(; Record Drawings:
a) Sewer sy,tcm invert., pipe slope,. m~nhQlc rim clcvatiorlS "mJ run kflgtla.
b) Sewer l:lIcr:lllocatiOrlS slJtioncd fram the ni::a~I,;'~1 downstream manhole.
c) Sewer m~in uuh e~tension illvcn~ at boch erlds. pipe ~lope, nm lenglh flDd 1000~tion
d) Tie-ill~ ami SI:!I!! plane coordin~lC "alues to a[1 valves, air release a~scmblic3. fire Ilyl.lr~nts.
mAnholes, blo\Wofr~. o!:IC.
el.l.ocatiul1 ::tnd c1imellsi'lJUr lies [0 liftEl:ltiol'l eleclrical ,ervices ulld lmnl(onncr.
10.5. Baclerial Amllysis.
Bacterial Jnalyscs ~l1all be required for <III new potAble: and mil' wO\t~r transmission .1nd
di$lriblltron sy'tcms or PQrtiOT1(S) lilcrcof to he cO~ls~nlcled, Bacte.iologic.al samp[r,:s for powble
and I'll"" y;~~cny~~m cot/structjoll ~Ililll be performed prior 10 preiiminary :IcceptJJ1t:~ or tll':
sy~tem(s) or poniun(s) ~hcrt!of All such ~rl:i1yses sh~11 be performed by Ihc Water [)epartmcflt
laboratory,'lt 110 cost 10 the c.ounty t>r lb~ Dislrict, with lcst rC$ults :;~Ibmiucd in Wdlilll: to th~
Engineering Review Services DCl'3Ttment Diredor (County Engineer) or designee beJnre Ihin~'
(30) days of l:>I:ing placed in service rOf If~flsrnj~50ion and/or di~lfibulion lino:). The J>llhlic
Ulilities Division shall 1101 process meter instllllalions uEltil bac[crial tests h~v(; been
salisf3clorily c()n~pletetl and subm~ted, am! 1l1c Division h~s received the FOE? placement ill
service 2li>pro\'alleller ()r olhcr FOEI' writlel'lllPpl'O'..al. The Devdopc;r shall be responsible for
coordinllti ng all aspecCs of :....bmission of neceSSdfY le.t reslli.~ a [ldJor State 3rprov~ls for
placement in scrvic;e of lbe P'fll~blo: watcr ~yslem(s) m portion(s) thereof.
10.6. Fina[ CQSts.
1M De....eloper or Engin-eer of Record shall sut'>mit to [he El1gineeoring Review Services
Departmellt DirC(;lor (CQ~lllty Ensineer) Qr~c:;iBnee a detailed lisling- of ..II rnateriJls ulilized i.l
lhe utility llyst~In(S} I:ollitructian. This &<:hedule ShllJl include ~he deSCription ot. items,
qtlall~jlie' uliliu.d, per ,,"it I:lIsl and teNsl c~t for each iJldivhJual jtcm utjlitc:d ill the potable
wator. nOIl'po!lIIble ilTijJatl-on wafer and/or wurewaler i)'stem construcltOfl. Tile IOlJll Co~1 [)f ..II
ttCm5, including labor and im:ta.liatioll COSI$, utilized for the polilbte wiltl:r, non.polabl~
irrigatioll waler lind/or wastewat~r .'lySlcm sh~1! b\; cJll.arly 51l0Wll 00 the 'Verification of Fif1~1
CQst SChedule. A UPS of 10% wiJI be clIkulllled on the Verification of Final CO&t Scbcdl.lJe.
31
Agenda Item No. 7G
July 26, 05
Page 77 of 86
Costs shall be t:Lbli!d s.el'aratoly for proposed ('.nunty-()wne..J (CcrLifi'i1tion of COlltl'lblllory
ASS<:IS - COIIIH}') nn(l l>d~'at~l)' OW'led rCerlificatit}ll fJf Priv.uc Malerial) infrJ~t""O;:llm;h),
Tl1<:~e ,~t brelltdowfl Hs!incs willl>e for ll1all.:riill \;oSt~ unly. e!ldu~ivc of any JrJd <III labor
~fld/or il1.~I,lU;Jtion 'o~1S.
107. lbl RI."~lIll~.
All IC~1 data, ~-e_, Ilre~s\lre, inflow am] iTlfLltration, etc" rcquirr:d for ~llblniss.ion wj[l. 111c
conveyance documents sll.all be \:ertificd i:ly an Enginccr licensed 10 prlll.:licc in lhe SIOlle or
Flortda. SLLCI1 Cerlir.cat~on shall bear the rllj.lld ,~l and an '-'tiginul sigl'latLLre of Ihe ~Ilgimx:r.
Each certirtc:llion ~haJl conl3in C(lmrLLtlllion~ illLlslrating Ine allow.1ble limil~ for eoch le~l basl."d
CHI cUlTentll~cepted test standards, as ~t forth in tIn: Slul'ld~rd:ol Mantlal, ilml the actLIO.L) lIdd test
dala abtnined, I.ukage within pot~ble water, non-potilble irrigl1tion wafer S}'SII:I11S alld/or
wa~tcwatcr s)'~tel11s shilll cOlllply with A WW ^ slam.larl/s ~s specified ill the Collier County
Standan.l$!v1ilnllal. W~SICWlllcr sj'~tem illl'illrationfcxfiltnllion dala shall cOllform to a U~lId~rd oj'
flftj' (SO) galIOils1iw::h of diillnc:terfmilelday for alllypcs of pipe and sh.1I be il'l COI1lI)]i;ml:e willl
Ille Standards Manu~L Refer to Section 9.4.2.2 for cOflslwctlon jnspoctiOl1s reql,irin~ Cmlllty
prcliCnc~. Fir~ flow c.1j)3cily within the waler diSltih1Jtiorll>ystcrn ~hall be verified lnrolJgh ficlll-
1e51ing by 111e <lllpropri;ilc Fire Control [)i~tri\;l to demol1&tratC Ihal required flre now r;l!e~ al'~
u""il.lbtc. Fire flow te.Hing $h~1J be performed during peak flow p""ssure condiliOHs a&
<Jcll:rminC'tl by the lJlilit~'.
IO.S. Lift Stiltion Submilt21ls.
A COpy of the mllnllfal:llIrcr'. swnu(I r;port for cilcll facLiity shall be pmvidl:d wilh collveyal1cc
documcnls. Included wltllthis r.cport 511..11 be a writ!en \lcriHcation from [tie ~Iectricul crmtl';lclol'
for the lifl scalion verifj'il1!l tn~ wire lype AJ1d ~ize foc lhe cll:cUic service and ccrdfyill!; thut the
vullage drop acrQSS !he st:rvicc under full lood startLlp will not c,l\(;ccd five percent (5','1:) of the
power computl}"~ line vollage "'~ the IrandQfmer 81~ppl)'ing lhc sratioTl. All tools, sucb as JCCc!ss
1:ovcr lock h~n<.ll~s. vlllvc wnmcllCS. key:; or panel locks. rC(luircd fOJ' the rc;jdy :tCcl!~S <lllllmc of
tile fllc:ilitic. l>nal! als.o be tuhmitlcd 10 Ihe hl'lgineering Review Service. DCp.1rtl~lent Director
(COUl'lly Engineer) or..Jesi,gnec with the dOCUITlCTlt&.
10.9. Recordation Fees,
Tile f)e.velopcr of il projec~ wHl b.: rcsponsihle tnr thi:: payment Q( all rceordaliotl f<.:es :tI.saciJrecl
Wilh tbe lllilitics conveyance procwl.lres, The Developer shall remit the total llmOmH ()r I~e
recording fee <l,SOCiIUtd wilb recor~i.lg Iha can",cj'arK:c documenls 10 Ihe Enginceri'lJ;: Ro,;vicw
Se.r\llce~ Department Direclor (COlHlt)l Engineer) or designee prior 10 tbe final !lcceplllncc of lh~
potable. waler, nOIl-polable irrignlton walCr andior waslewalo:r sYltcrn(,J) Qr ponion(s) ctlf:reof.
10. 10. Reap~'iealion Fccs.
[( more than IWO (2) $1It1mjl~ah or any <;onveyance documenl{$) i$ reqLlir~d bccm.r>c aU
illlufficiencie... .pccified ill wrirll'lij: by tile County Att[}TI1('Y in allY pri~r ~L1bmtlt..J ..ce nOo! fLllly
CQm=ctod by IllP:l xc::ond ~ubm~ltaJ. Ih~ ./Ippllcllnl shall J'a~ II S500 l'C-$liIbiniltd fee pdQf to.. (hird
review of any dOClimcDt by Uaff. This fee cln be rechr(oCd or waived by the COllllt)' A.llurn..:y for
good catJse in tbe sf)l:citlc <:ase.
38
Agenda Item No. 7G
July 26, 005
Page 78 0 286
lO.l1. r.1ilurc Ii) M~l:t D(;i1dlinc~.
In lIduiliofllO all Olher provL~iQIlE of tJli~ Ordinance:, tile ..ppJicablc indi~idu~1 or cntil>' j~ wicIly
rc>ponsilJlc Hl meel each aile e\'ery sp~ifjed deadline. Failure to meet 31'1}' df..l~llilll: sh~11
autol1lJlic:Jlly resull in imp()~itlon or J $1(10 per day lat.e fee. a(lainsllhc dcr~uJtin.r, i~llliviclLllll Of
~1l1il}' for <:;1cl1 d~y lhat ,II~ respcctl~c dcadlint;l is 1lO1 met Tbc deadline is n<Jl Ll1e; Lmlc~~ the
rc~pccrjvc de;x:l.unenl is aCllIall)' dclil'acd to stafr by the end of loe day of tile applicabl f.' de~(/Ijlle
dale. Staff is .lbo ~LJlhoriLed Ie withhold ~IIlY ancJ all other permits, authorizations andior
rerm'I~~lOl1S Wilh regard 10 the [lrOpeny, or site(s) (It ,Inlt(s) scrved (or III be served) by ttJe
respeclivc ulilily filCiliti.c:s Ullli( Hle dc~dlin(l oblig.:ltioR is wmplled wirh and 1l1c af~)rv~~iu lute
fe{'~ h;l"C been pw.id in full. Sur,JC\;1 10 ~taff :utemllling 10 pro..iJc 011 Ieasl ~btl)' ((.0) d..~~. p,i,w
\\>riu~u nOli,.; to an applicOll>ie individual or enlily tlllm aWJ<:ialed wilt! the reSpeclive, cle~tJline
defaulting properly, ~ite(~) OJ' ulli[(s) k-i[lg )er\'cd wilb utility service. hy the County OL' tlie
DiMrK:t by means of tJ1C "lililY facititiCls, and ul\less WJiv~d for guod cause hy s1~fr in the s~.:itJ~
il'lslance upon Wrillcn rl:qLJe~ for lhe dc:lay filed oy lrlc defa\Jlting il1(Jividu~1 or (;lHily (or
n:prc5enl.:ttive), f~ilure 10 tile ani' overduc required document on I)l bcfon: il.> 'Cl;]leCtive deadline
date st!~1l .1ulomali<:1I1Iy irnpos~ Ihe S 100.00 per d~y late fC'<: and authoriu: staff to ([day or
u:rmillatc utiUty service 10 Ihe respeCll"C delay defaurling propeny, $itc(s) or lJnit(~) Ie he served.
or beil1~ served. by the respective utility facihlies. This Si.xl)' (60) d"y prior notice prllvisioll
applies rdroacth'ely to an)' Jnd all overdue required documenl Or ilel11, illclwJing. bUl 1101
(Ieccs~aril)' limil(:d 10. all hnal Acc:cptancc O~ligilliotl~ Ihm bcfme the crfl."<:llve d"le or lhi~
Ordinilrlce had nol 00\:0 riled by lhe .1prJic:abl~ de,ldlim; dare.
SECTION F.LE\'t!:N: AMENOMENTS.
COllrlly staIr may recomHl~nd amendmelllS 10 thi~ OrtlirliiDCe (iucluding the M:ml!al MId
documcnl~ incOrpQralCa by reference inlo Ine Mallu<ll) a~ m~y be deenled necenary or
;tllpropri..lc upon pdnt revic:w by Ihe Ulility Code :)llb-(;ornmitlec or tt!e Development $er.'i'~5
A.,J.visor)' Commlltee. anu by the Putlli~ UlditHlS A lJmill iSlrator 0I1l1l, Ln ca~e ()f "ctu:11 OJ' p()>>lbl~
~oni1ict wllh the !.DC, Up"D the addilioool prior review by 1l1e CQrnmullity Dc,'clopme'lt ;lnd
Ell vironmcnlal Servit;e~ Administralor (it ocing understood lnal as il milltcr of law lIli, OrdiOill1t:~
Canl101 cooflicl with th~ U)(~ and the LDC c(lQlruls 10 the e...tenl of "Jell ,onflicu}. Hcyitiioll,s tCl
the Standards Manual ~Ilonld be made periodically by the PY~lic Utililies Adlninislr.LIUr lU refl[ll:t
the be.l engineering JlraCli..e~, IcclulOlcgy lld>'~mccst cOtl'lpliance Wilh otl1c:r ~gencies, ami puhlic
JIlPU(, if :Uly. Such revi.$.iQJ'I$ $1t~lllIlso be re\liewed by the p41nic~ Ilsted aOO\fl::. Re...itl<ms 10 the
Standards Manual must be ..pprovcd by Resolution of the Board of C.ounly Commissioners. Eacb
suetl Reso~uljon mU$.1 be p]~c~ Oil lbe BCe sgenda under Scheduled Public Hearing.> or in the
SUmmsry Agenda Se"lion,
SEC'fION TWELV€: PENALTIES A.ND ENFORCEMEN'r.
Violallotls of the MOlnUitlllndlor e<lch documenl 11lCorpern1ea by refcren,e jlllo the Munual are
...tol&uion~ of lhis Ordinance. Svbsc:ction 1.6 Qt the Corlie:r Olunly Coae of Ordin:ln\;C3 applies 10
rhis Ordinance, to rbe ManuoIIJ Ilnd to do<:umcnt. incorporatcQ by reference into lhe Milmllll. In
addttion. any perJ(l1l who violates allY scction or provjsion o( this Onljm~llcc. antlfor the Collier
Cou(lty U~ifiti'!s S~ndllnf> Manual and/or dQGlIml;:[I(S lncorporllted by reference 11110 the ManllaJ
II: also subject to l:x: proseC:llted Ilnd punished liS providecj b}' SCCIiOll l:.J:'>.69, ,..t('Jri{k~ 5mb'llIs.
Each day the "]Olll!iol'l cO(l[inuc$ may CQn$1itLlle a SCllllr.lllc (Jffcnse :Ill tile di.screric>n of II,,,
39
Agenda Item No.
July 26, 05
Page 79 of 86
cnfanccmcnt forum. The BOlrd m:JY bring 5uil ill [he County Courl or Circuit Coml ill und fnr
Collier Counly for damllges, to restfllin, enjoin or otllerwi3c prevcnl or 10 correcl ~ach ~u,h
"ioblion of Ihi3 On.lmanci:l. lhe '"'1anual i111dlor each doclmlcllL il'lct>rpormcd by reference i111Cl [Jle
"1anu.tl, This OrdillJlnce. the MQrllllll ~tld documeuH irl.:.:orpol"'.llcd b~' rcferel\ce blto Hl<: Millll"ll
may Ix: cnfor(."Cu by CollicrCounry COOl! Enforremen! Bourds.
SECTION TUIRTEEN: REPEAL OF ORDINANCE AND RESOLUTIONS,
Collier CoUnlY Ordinance No. 2001.57 is hereby repealed and superseded jrllL~ eorirety.
Si:CTION FOlJRTEEN: ]NCLUSION]N Tim COIlE Of/' I.A \\is AKD ORmNANCES.
The provisions of Ihis Ordinance snal! beeome, and be made a part of. th, Code of Laws ulld
OrdiDancc~ of Collier Count)'. FloridCl, The ~[lCtjllns of llle Orclillance may 00 TI~[ll1mbered Qr n:-
letlered to accolllpliloih sucll. lllld lh~ word "Ordinancc" mar be: ch3nged to "SOl.:tion." "article," 01'
~Jliler ~ppropri~lc word.
SEcnON FU7F,F.N: CONFLICT AND SIt;VMABlUTY.
Toe provi~itm~ of this Ordinal,ce, ill<:;lucling tbe SIaudard5 M.mual. .hall be liberol!y cOll5lrued tt>
cffC(;livcly carry out its (lUrJl\lSl:S inlh~ inrcre!l oflltlblic hC31th, ~afely, welfare. and COllVl::I'Ll:I1CC.
If any seCttOfl, phra~, sentence Or partit>n of .his Ordillance is for any re~SOn hd(] irlYlllid or
unCOClstiuniona! by any court of compelent jurisdiction, slJch portion shall be deemed il ~\:'p.tr:lte.
distinct. and inde~ndent provision, alld such holding shallllOI affccllhe v..litlily of lhe. rem.lrlillt:
porI ions thereof.
SECTION SJXTEEN: EFFECTIVE DATE.
This Ordinance shall become effective upon being fLlcd with the Department of SMe.
Subsections 9.1 and 9,2 h~reil1 ~h.1I1 have a delayed cllct:li...e dale of July 1.200.:1.
Approved as to form
Dnd lell..l 5L1rticicm:y:
I>ASS~D AND DULY ADOPT~;1J by ,be Bo~rd ofCounEY Commls,klllers ofCollicr
Count)', Florida, ^~ Ibe (ioveminl;: Body of Colller COlmty, Florida. and as [he E1..,Offido
GQvc~n~_?Pr.t?Il~,lhe.F,ollier COllnty Wa!A!f.Sewer Dislri<:t. and lh~ (iMdlilfld Sub-District, Ihi~
~~t~t~.1(m.
:1 .;' ~~~.~~.{~'...,~~.,i"'/' ~~ r.t
ATI'~:r'f'~"4.W;:~! J:; ';-t ~',
IJ W.IG IttEi'BR"OCK;-Ct.I3R K;
::~~. ,;;~~;.~.: :'::.~' : :~",;
By:' '../,'" .C.
,. .De "t':C ~-..'..~".
.~,:;;.. !~(~'sl30ARD OF COUNTY COMM1SS10NERS OF
s1gnl'ttlrt'iHll,r'.".' _. CULLIER COUNTY, FLORIDA. AS THE GOV~NING
.....U..',.. BODY OF COLLIER COUNTY, FLOlllDA, AND AS
THE EX-OFFIClO GOVE.RNIi-lG BOARD O~",~'l:l.~"
COU.JER COUNTY WATER--SF.WER Plf:l;;fUCit. """"
AND THE 000 ND Slm':;iJST leT ~<;.;'.J,,\T\',',::,~::>."'~
./- .,,~ .-o(.~'.l~'r -;. ..,.
~ ~:~~~~~.(.1l.;..1~.-,:~~..;...
BY; ': - . "-"~'. 't\, ~.., '. .,
DON AFlALA,CHArRMAN \ ~,' th. ,:~t J;o'.:~"; ;:'
~. :J....~~:'~.....~....L:.I~~~.:_:,~::- -io~'"
Thl- --'I~ filed wlln "'9 . ).,. ~~, '. ,3.,:,;, _,-'-
. ~ru Off~- "'J . ~ , - \ ,
:tf~I:"H'Y of tat8~1 '11"..... r...pl ',. .\......"
J:l.":- rda')' 0 _ r';Jrr1ht ,\~\,\\.
and oc1l.nowledg . It>Qt
fiIlRlU'7.1I""'d thiJ do)l
o'u.~ '
0', .
~~r~
ThomllS C. P~lmer,
Auislant Counl)' Attorney
p.c.,
By:
40
APPENmx A -STANDARD LEGAL l)OCUMF.::-olTS
Agenda Item No. 7G
July 26, 2 05
Page 80 of 86
Nl'ld,ing in th.i~ Oniin~rlce shall require the County or the Dislricl to uccept tilk w. Or ,In)'
n:.>ponsibilil)' for, an]' facility ulltil the fIiCilil)' lias !lIen rcceiv~d all proper permits/licenses
from .:III .ilpplicahl~ lIg~ncies prior 10 and during lhe C()n~tructlon, cX(l:Lnslol'l, l'Cpair ;lnd/or
rnainll:niLno.;c or cornpletilln of each such f<ICilll)' and Ihc faeiiil)' Ihen eomptic~ willI all
applicable: rilles llmJ n:gulacions of ~Ll recleml. t<lorid.il ~nd local mgulalOI)' alllhorititl5. Of
agencies. and of Itlis O,dlllallce. alld cacn slIch f<lcilily is. nolll1~n ul\dcr lilig~lioll. ~ut{)n:"mL',\l
~ction. claims allll/Dr liens priur ~o :hc conveyance of litle.
INSTRUCTIONS.
!Unless waived ~" writll1i: by Ihe rcviell.'ing A,sistant C{}~nty Altonll'~ i., th~ specific tnstance.
tfll:' d.lI,; of c;'I<;:h dOl:l.lmcr.lCa!\IIO~ be si{:ned and d~lC>d ffi<Jrc than sixty(60) da)'S prior 10 tile:.
meeling at wllicn lbe Board CJf Courl~>, CommiSlljOJH~rS will consider its ilCC;~pl~I'lCt: of lhc
~uhject Lllflil}/ fadllly documcnt~.j
The foHowing form~ are lu be u~ed a~ a guide for prcparcrs of instrumClllS (tm( .1...11 be
.ulmrilled to the Board for prolXlsed acceptance of pUI!lblc wlIter, non'polahle irrigation w~ter
arrd/or waSlCWDlcr utility iyslcrn(s) pr porliorr(.~} thereof. ,\(Ihereuce to the forms Drtd
ir'lslructioll~ contll.ir'led below will assure an expetlitious review by the CC1l1il!r C()111lty Ait\.lrm:fs
Office, which in turn will speed lllc process of utili!)' syslem(s) or portiort(s) l~err.:of ~cceplDnc.:
hy lhe lloard. De....iation ill SlJbstance or form from tbe i~cinl<;1I furlll. Itcrcin may re~ult in
~Ub~l..ntial delay ar di ~approv.ltl of lhe mllity s)lstem <lcceptaoce doclllllems by ttLl: Coullly
Attorney's Oftlcl!. C1C3.tl1ples uf previously ilppro\'ed forms are: <l,",lilablc: from ~laff upOn
request.
PLMSE CAREFUI.I,Y RE,\D TIIESB INS1RUC'TlOl''-S DEFORE PREl~ARING nIE
INS1Rl,"MENTS.
I~S1'RUCTION NO.1. Eacll specirnel1 form i~ prcp3rC~d in a m~'lner th.ll indicales to lh~
prcparcr the 1rx;~tiol1 and:lle lype of ;'If~'rmiuioll thlit nceds 10 be Inserted. This is indic<ll~(j I)y
[brackets whidl c<lmaill inomu;lionsJ. Mosr bracketed infufrTUltiull is seJ{.eJlpbll~tory. Wj,o;re
.an i,l.depth JnslrLlCtion of th~ l)'pc of il1formalton to he insert<:d 1.1 appropriale!, the brDck':-lcd
informiltion gives A brief explanlllioll followed by II referencc lo:m jnstruction. Tllat inslruclion
n:fercnce correlates 10 the following itlSlrllclions.
lNSTRUCl'ION NO.2. N.ame C)f granlor/mor1ga~cctdevelopcr/les1eelQWrlerhurelylissullrl
appliC;lllt (heteimftCHQlIC;><;li\o'ely referred to for the P"rposC'~ C)f lbi~ il1~truction "'$ "grilmor").
rf !:nmtor is an individual, 11l3en tbe gt!f1ll)r's lllllnc: followed by the gra<llor'. m..riElIl status. II'
the granlor is m~rricd. the granlor's spollse m1.ls1 join in any ~oll\leyam;e inSlrumcrll. Man
allcrnlLlive to having.. grantor's spouse join in a conveyance instrument, if applicablE:. II
paragraph can be added below tile: lefe.re.nc~ [0 Exhibit "A" wllkb stales: "The ~lIbjecllsnds are
not hnrne5lead lands."
if the grantor ls II corpol1ltc emilY, ~Ilow lite correct LIlune of tne COr'pOl.illiolJ llnd identify the
Slatc Qr Q'hl;>r jurisdiction in which il ;3 il1CQrp~TlIIted.
Jf tlw gTlntor ~f 1I partnl;>r$hip entity, ~how correct ..nme of lhe porll1c:rship. idl:nlify whc::dler the
~rll1elSllip is II g<!l'IeRl Or limited par1Mrsl1ip, ...nd ideTllify !he; SUIlc: 0/' OHler j~rj:>dictiC)n u!ld~r
Which tile pannership was created lIn;! presently ope~ati:;5,
41
Agenda Item No, 78
July 26, 05
If lr.e grantor i~ a lnm jn~~,lllll; Ir\Jstee~ nam~. :J.S truslec. U appiQpri:.llC (SccLiull 6S9.071. Page 81 of 86
Florida Slatut~~), ide[llify lh<: trust and n:dt~ the ilulhority of tbe tru~lcc Iv cOllvey. YOllr
lltlcntion is directed to Chapter 689, Florida SI~tutcS.
I NSTRUCf ION NO. 3. Witne&~ and sign8wre bl()(;K. AI] ill~trum~llts, unless Olberwisc IlOted
lhereon, require two (2) wilnesses- ~;':~lnple wilMS. and sign3ture blocks arc liS rolln\l.'S~
EncutioA hX itn individlllOl:
All individual
Firsl Wilness. Signalure
firSl Witness - Print or Tl'pe Name
S",CQll(l Wi![\~~.. Sigl'<lILlr\:
WitllcsS - f'rinl orTypc Naml1
F.ucution b.,. a COr'l1n rotion~
XYZ Corporation, Im:.,:I Florida Corporation
By: (L.S.) [Nole; ("LS.", i~ effective ~s the Corpor~tc
Seal)
NaIl1oC.lPrestdcnt] or IVice Pre~idt:ntl
First Witness. Signature
First Witness - I>ril'lt or Type Nan~
Sec(llld Witnes5 - Signllturc
Wi tness - Print or Type Name
[INSTRUCTION; lnliell n(usil1g lINo ~ndi'llidllal wltne~ses.:l corporalion may execute
instruments by bll"ing .hc Pn:sldcnt's or lbc Vice-President's Si&,'3.tllte witn<!~~ed t>y In\:
CorpCl!3l10n'G Secrelary (a Corporal.e Ofnc:er) and by a(f~lIin& the Corporation's seal. (See
Sections 692_01 :and 692.G2, Florida SL:ltute.s_) A lllll'ld-.....dtten or imprinted l;Ccawl. scroll or
scal, affixed a~ lhe cClI"po:rate scal below tile corpara~ officer's $Ignature, is effeclual as a ~caL .
(Sll-e Sect;tm 69507, Florid<J SlaltJle~.)l
XYZ Corporation. Jne.,. Florida Corporation
aye
NlIme, Tille
(Corporate SeMf)
[Tlt~ corporate $('>11 eUl eJcl>et be by typl ng 1"0 w.ords "(Corporate seal)" OR by printing or
stampinll"(Corpoorllle SuI)" on the 'pllG~ under lhc Pn::5id~nt's or II Vice-I'resjde,ll's, ~ilo:nalurc:.
Witnesl:
By:
Name. Corpnrlltt! Se!:'rellilr}' -
-'The COrpaC4lle S~l;Ictlir}"S ~jgl'~tureeff~tivc1)' fllt'lc:rlons as IWO indi'llidual wit.lesses.
42
E.Illolculion .IV III nartllcnnin with liD indil'idualllClilllilllS lb ~nerlll parlller:
Agenda Item No, 7G
July 26, 05
Page 82 of 86
ABC p[jtti\ership
Bi':
Name, a. the Gcm:r31 Panner
11:i:~cuti<m bv Ii p:Jr'lnenhin wilh lIn cnlitv DelinE! U illll:~nrrnl porlner:
AUC. <I t'Jorilla I'anller.bip
B l' XYZ COrpOIlU ion, Inc., Ii corponte Gellcr;ll Paltner acti ng on Ix half of I he Pannc rsh lp
By:
Nome. PresiclcDt [or Vice.Prc,ldent]
Firsl Wirncss. Signature
Finl Witncss - Print or TlPC Name
Second Wilne.s . ,Sign;llutC
Witness - Prilll ()r type Name
Ellecution by Section 689.070. Florida Slillulc:\. Trusfct:
Nam~, a. Trustee
Fir$t W~ln"ss . Sisn;L1ufc
First Witness - Print Qr Type Nam;
Second Wjrn~H - Signature
WitMSS - Print or Type t;ame
[xfculion 1>:\1 S€!ction 68\1.071. Floridll Stllluk!~. Trtlste~:
By:
Name. liS Trunce
of lhe above mferenced TrlaSl
First W~lru:5S . Signature
First Wilnes$ - ?rint or Type N41rne
Se~~nd Witness. Sigll.turc
Sc~ond Witncu - Print or l'ypt;: N~m.e
JNSTRucrroN NO.4. ACKNOW'LEDGMliNT A.."ID NOTARY flLOCK. The foJlm\irJS
form. of acknowldgn1ent .nu nota~ block ue $I.lffide[lt.
43
rcr cxccutiolllll' one indh,iJu~l;
Agenda Item No. 7G
July 26. 05
Page 83 0 86
Slille <:If
C;r>unly of __. ,"'
"11" fnro8njnE: llI,tnJn,<!nt .....as ~cImowlcdgCo(l before me Ibis _ thy of ,___
20_. lo)' .__ who i" pe;t'>'Jl1,ilLr k'1,'WI1 _ Oil wh"
rrod.JCcJ IJ~llutjcnil,)1\ _' Typ" of,d"nuL;nuclR f>,oJllceJ;.
(A ffi): " 0 tar}' Sf~ I)
Nora,!,' Public
NOI,~r~' 'l'}'l)<,d of I',im,'(! N~ll1, (c>r ~1~11'1')
Mj' COmlt'liUiO" E~pite$'
rrlt EXCI:\IliQI\ b~ "CaroQl':Hlon:
$Ialc of._ ___. _...__
Coullty of. n _ ____ ___ __
Toe fnreg"'l1jl dr>cumelH ,"'~S acknowledged before Hlt' by [L[]Serl Ihe name "t' (lcrson si&nill~l.
ICDrpor,ale title must be CIII,c, i'IUIU!'"t, Vice Prc5i{lcnt Ot' Chief Exccl1u,C Of[l~-cr lunl"" ~II
xppropnalC cOIpontc rc.nlubon i. xltlldle<;i ,nn which spcclEJeaUy ,uLh()ri~..~ rhe- r~Sf'r.<-liv~
-execllt'on b)' some o~her corporate officer] of (jn~ert II... I\altle of tbe corp<:>rnriool. ~ tinier! Ibc
SIMC nf inc<:l'1'"rattQn) cOIl'<.lrnrion, 01'1 beh~lf of the cocporatiun, \Ii!,., j~ ?cmll'lxlly known __
OR who prodvtCd idontjfieallon_~. Tn,e "f iJc:ntifi"tXm prod'Jcct!;
WITNESS my 11Alltl2nJ <>fficlal.C'a~ rhi. _ do.)'<lf
_ .__. .._, 20_,
>Jot:3ti' PlJb~ic
(.>\ffix nCH~' S12t or $t~mp~
My Comm;&5i Oll Expir\:s:
NDt3'f' T~1'e<.l 0' I'rinlcJ Nmm" li( lint in Nota')' 't.mp]
F{ll all t'>lf'e.lIlilln.by II j;ilrtnrm:bLp..gt:neJQl partne~ wno im an individual,
STATEOl;
r:OUN1Y 0'"
The foregc>iog ooC\.lmcnt was acknowledged before me by (lUme of jmlivitlol<11 who signed]. genc:al
partne., 0" beh.lf of the plr~ncrohlf>,' [,,,.er! "ame of .t:ate c>r juri. diction "..dc~ .....ho$e ~~w& lno:
p:artnc~hip wa$ {ocml:'d :and operntes] liocnti!)' the t)'pe of rartnerlhi(}) pll:l:lner:sbl?_ Pea.oll.ll}'
lulown_OR .....ho flwdLlCed identii'icltic",_. Type oFid..ntiSclticm produced
W'ITNESS my bXQd and c;>f6c.ill ,..a' tllil _ day of
.20__
Notary PLlblie
Nntuy Print(!~ Name
My C.,lTl!11i..ic;>n Expuel:
44
Fm elt~cUlion bY:l u~rln"rijhtp g:enc:r:ilI 1>1Ittntc (hilt is an entity;
S'L'AL'EOI'
COUNTY OF
Agenda Item No. 7G
July 26, 05
Page 84 0 86
Tht: f(}C~l~"illg t1o..:UnlCJlt W~5 ~clmowk,lgcd bcf~ m~ by ~lamc of pcr50fl signing]. I<:orro'~[c
tHlc, nm51 be ~ithct PrC5idel1t, V,Ct: Prcml..."t o. Cbid F..~t:(uU\'e Oflie"., unless ~t\ apprnprimL'
corpontc rcsol,,\io'l '5 nll~ch...J .....hl(h Sr,,,,rlc'U~ outhuri"", cxecul",,, l,j' ,,,me oth...r ,"rl'o,,'t<-
officer) of [n"cl ',"mC of ~()rpo~UOrll, a [SI1[( of lrlcorpo~njonl, as [1\" cocpCH~te "'HiI)' l:"nen!
p~ru\<;', ()~ behalf "f(ll1Srll CJl~CI <lallle of p.al"lcrilijf>l, n rjr.~erl ".me of ,talc ur ~\lrL,d:ctJol1
under who.sc r~ws tne p~rtn"r<hil> ....... formed anJ j'''''sr.ndr Orcr<1tc,1 [Idemify typC' Dr
r~rl"c....hjrl. r""Ofully knOWI>_ ()( I>rnduced ,ue",ificnl,on _' T~l'c of jrlelHjficari"'1
prm,li,Kt:o
NOI.., l'"l.,ljc
-v;.TINESS nlj'llilld ond "ffIcl.1 ...llbis _ Jar of
(Affix LIOlary .d)
,20__.
NOT;lT}' PrioL<,Q Nm~c
~~. CUll1r1\is>io" Expires:
Po: ~ll C>l:eCflli!l:11 hy a ~-"ti{Jn 689,070. fJoridll SI..tUTC60. Tru3rec:
S'JATE OF
COUN1Y (W
11"" [o["going ~O~\1meol w,,~ aekll()wlotl~<:J b<:f"rc' l11e by (insec! ':"""t n.me of perSOll si.l,:[]ill~1.
indi,'idually, ""ti 35 1'm'lce. Pcrso[l~lIr knO\l.~l_ OR I'fQdlLCcd idemifl{"riUf1 _' T)'pc O[
;..1c11l~fir~[i"l1 prod~l('ed
N"ta'Y P"hlir.
WTD-:CSS 1'l,~'II."J ."J <.>{F"i.J sui tJ,i5 _ day of
[" fti. rlOlar" ,...:;>1)
.,2{l_
Nor~:'J' I'rilued N3ltlC
~1, Commiscion Expire"
For C:lj;l':,,\,tioll b~' ~n individullI3C1in~#s a S(:('tion 6!l'.l.0?1. FItHhb Sa lIlCcR, TfLll>lcCJ
ST.HE OF
COUN'I'Y 01<
The (orego,og QOClllTIml wa. .dmov.'ledged r.cfole me by' linsert cxaCIlam" oi person $igt1ihg], .~
Trusrcr: Oil bdl~lf of the ibcvc-refcre~cc(~ Truat. l'cr5onally knu"",_ OR f'roduccd
jucmiflC.tioll _' Type of identifiutlCln pmclllcod
~Tl'NESS m~' hand and "flld.l 5.al tl1is _._thy Qf
(A ffil( 110 Lary &cd)
,20_.
No~ P"blic
NOtil')' Print<:-d Name
My C",mmi$Sion J:::xpil:~s:
For exe~u~lorl ~;I C[]qlDr2r,on acriIli' U Il S~io" 689.071. Plotid'll SraCUlt:a. Trusr."
STATE OF
COUN1Y OF
Th., fw'so~n8 do<:um"'H w.. .dm<:>w!oo:;lgv<<l b~fQ'r me oy [n8m. of p..rsun s'gni 11g who rY11t:>1 b~
<lith". Ihe Pusidcnt, a Vic~ I'tt.idcnl o.t' tbe ChiefE:r:ecutlvc Officer. UR an ~PI.ropri.te eOrJ>"mt"~
45
Agenda Item No. 7G
July 26, 05
r",ul"UOIl In\'sc Qe alt"ch..,d IU plOY\! [h~t dw penon .igning j. aulllori"euln .i~rl no b.h.lr "r ~bc Page 85 of 86
cllrpQI"Hion as Tn'!I<::< of Ih. abuve ,de toe" e I:< I Trl's[,] Per~Clnally kr\OWlt_ m J1mc\nc.:d
idcf\(ii',c.liun . r J'Pe of id<ntifica lion r roduc"J
WITNESS tn~. hand ~t1d cf([cial ~Cnllhi$ _ [h~ of
lA ifi, ,w'~t}. .".1)
,20_.
Nm.'1. Public.
Nnl~ry Printed N"m.
:>ly Commi~sLoll E~pim:
INS'I'RUC'1'ION NO.5. E"l1i['i[. alloch.J w.1I im[l\llTlcrll' .I",ll J..cri[,e d,e 1,,"1 pmp"<ly 11,.t
cnc"mpa!~C5 the sllbrccl <JtLlLt)' (3c;illtje~, $Y5Icm(~J ~nd/()f t""5Crncnt(s). L31lguagt 00 the IO:l!:;c]
dcocnprjun E..r.lb,( tbat .hen or 'p"bf,q Ihe inSlrtlmcnt rn whjcb it i, auachcd I. u"a':cepL~blc If
the informational [C~l of:o.n r:.J:bjhil is not eXlensive (i.e" " $hO[II"l':al dcscripliClorl or [here ll~C no
sCi:mif)' in(ercst~) such tc~t c~n simpl)' ~oldcJ ill'"'' IxlJj' uf rh~ o"cumm, in l!"ll (If;\n E.I,il,it,
INSTRUCTION NO. 6. }~or the pHrpO~CS orsim[llidry ~1Ld \)[nity. rderenc", ill lbi~ Appt'1\Ji~
~nd (hi5 Orclinan,c [0 the CollLer COlllH)' ~X1,,[....[.S~w~r Dj~tnt:r ,lull a!';o be ('f)Il~rtllcd [u r~rel III
Ibc Goodland Sub-District, wb~rt apptIJp[i~[" ~ntl. ~l rI.e mnle'" re91lires Pr~paters <,f legal
ducumellls are cU.Junned 10 dct..rm.ne to which DisU'Lc[ ll'''lr d(}eum(:"l~ $hould nm ltcfon:
['r<paring .nd submitting dOClln\tfllS.
[NSTRUcrION NO. 7. Notariz~tioll of :1.1I u.tl1. The proper nOlat1:,.u<)n of;m oHb (oe
..ffirm'lion) ~ ,,~ follo....s: "SUnSCRIBED 1\1'10 SWORN to b~fo.e me tl,i, _ dll~ o{
,20_," An lIr.knowledgmem is 110t acc.ptable for ai' affiJ.vil (Soe Suh'cnioll
I 17.05(l3), rIOtj"~ SUI()C'-&). ']1,c ^Hi...1l tnu.( ],,,,h 'WC~I [0 ,he ducumem ill '!-ie rt'(;~cllcc ut Ihe
NCJ[ar~ 4"J mus' "g" the Affidavit in the pr(~eIlCC of dlC NOl:IlY.
[NSTRUCTJON NO.8. 1'hi, Appendil: is p[Oyided ~~ . g"iJc (Of prcparm alld i~ 'JO[ inlel~cJ~(l
tQ be al1.jflc1l11j~'c. AI! dOCU~\elllS ,hall be revj-=w",d on ~n individtJ~l La.i,. If ,he prcp3fer i.
unsure of the rt'quired [omlor camem of lll}' ctocumlml, he or sill' sblmJd m:k proff.irional.1dviee
a'ld/or a~.iS[llnC" pne.r Ie. prepatLnjt ana 5oublltLtt:Jng ~ueh form or dc>cOlmCl'lr fllf ac-teptol1ce.
fo"OJ1l1 J . Rev. 2004 (Interim FadlitieslSYS1em Agreement)
"'[Identify lYll<: of facillll" b)' insl:nillg Potable W~ter racililic:s, nd/or W43tewatCt r-;lcjliti~i,
and/or oll1cr Uti~ilY Filcility (ai aplllicable) j.. the TITLE of this Lll'trlllllCt1tl
* INTERIM FACILITJES/sYSTRM ~GRgEMENT
THIS AGREEMENT is DUldeand enlered itllotl1i$ _day of -.1.!L......-, by ilnd
00 tween
(Name of developer' Rercrto rn511lll:lion No.2]
(Hereinafter refelTed 10 as "De....:] opcr"), and THE BOA RD OF COUNTY COM M rSSrOI'ffiRS
OF COLLIER COUN1'Y, FLORIDA, AS THE GOVERNING BODY OF COLLIER
COUNTY, AND AS THE EX-OfFICIO GOVERNING lJOARD OF THE COLl.1ER
COllNTY WATER. SEWER DlSTRrCT Hllm:inafte.r referred ~o 115 "COl!Il[>,"). Devc:loper is
IlIed. u sillguhlr or pllll'lll, as Cne tOIl[e~1 n:quires.
R E C J TAL S:
46
Agenda Item No. 7G
July 26, 05
WHEREAS. (or the t:lllrpmcs of this Agreemem the IeI'm "Developer" ~lul1 im;ludt: tile Page 86 0 86
Dcv.:lopt:r, the Devclc>pcr's heirs, Sllccessors, ~nd 3__igns. ;ncludill~. blll tlol limited Il'. :my
wholly owoed or "ontrolled sub$i....iary <ll1tity: and.
WHEREAS, the Developef l~ 1M Owner of ltlc [in~t:r1 rtame of )'ImJect sho",o ('Ill ..eferer'lced
~..,nSlructinl1 plan_] development. (nerell,afler "ProJe<:t") <lnu has ~ubmlltcd cC>flstruclion pl111lS
fur an interim [identify type of treatment faeili!)' by inserting pOI~ble walCl' or waslew;lterl
ueatrJ1enl fac:lLty (hereinaf(er "illterim trCJtment faei lit.,.') tQ lhe COlllltj' f()r review ~ttd
approval; and
WI ml{r.A~, the Developcr Il<:l<.nowlcdgcs and lIgr::t;:; that the DcvdQpt:r dc:;iTl:~ tu prmidG on.
site imerim uriHty s)'slems to service thc Pro.ioct until such time ilS the utility systcms I'.'ithin th~
Project may be cOlOncclCd to the off.site uliljty 5yst~ms op~r.tlt:d by the County ()f Diw!CI.Jtld
che Cnullly sYGlI!ms hzve adequate CJIpaeity 10 service the Projet;l; and
WHEREAS. Colller Co lint}' l;mcl dc.velopment tcgulatton~ require, and Develc>per eOVt!lliWU
and llgrllCs. tbat tile Dcvel()p~r 51lall cormecl any interim utilIty system serving t~lal Pro.il"Ct lo
the off-site Llliliti' s)'slcm owned nlld operated by the Cuunly ",hell the County.~ s}'stem 11~~
oeen ~lllended to willlil:l two hundred t20(}) fcet of t~e f'roje,Cs boundary ~l'Iu lJt~ CoIJmy has
d~terrnil\cd that the otl-~iIC uUILly .yslcm has i1dcqulItc capacity to service lhe entire !'rojC(t;
.and
wlfEKEAS. tllc ~)(lension of the off-sile ulility ~yuem owned ~fld operated by the COLlnlY to
wirllin two hundred (200) fecl ofllle oollndOll"Y (l{tlle Projecl shull be not requircd nf.he (;01111[1
as pCrfOrm<ll1Ce unoJer Ihis Agn:.:mcnl~ lInd
WHERf.AS, ~Il par1ics to this Agrcemc:nl ad:nDwtedge and agree: lhilt lhe dC(;is~ol1 ~5 10
wtle:ltler or flOI any off-sile 1I1ility ~ystem owned llnd operarcd oy the COllllty hOls the ~3pal:ily to
service the Projt:t:t ~hlln be made l>Dlcly ~y the CQumj'~ and
WHEREAS. the Dt:vclllper ad:.nowl~dges it$ oblij:<Hion [() dedicate all faciJlties, includinj: ull
ap)'If()priaIC cotl~CtiO", dis[(ib'J!iClIl Jnd lfimsmis~ion systems or port1on(s} LI'er~(1f Ulltl
ilppropriate eil:;emenlS 10 lhe Counly prior to inu:rconncction of tfle facllitil:s!s}'~lcm t<J County
t'lr nimlct'.~ system; and
WHEREAS, the Developer, or olher sLtccessor entity satisfactory to lhe Couflly, will maintaitt
lInd openile the iote.rim facility and the associaled on.sill:: collcction, di~trlb\lti(Jn imd
tra[l5mission ~ySlcm{s) as let fon~ ne.rei'l belnw; ;lr'ld
WHEREAS, lhe de..e1cper h3$ previQusly accepted the: terms Ilnd condition~ ~et forlh iu Illi~
Agreement as part {If the. County'. review aTld apprr.>val iJf the }XvcIOfX:r'5 lllf\d use petitiol].,
WITNESSETH:
NOW. THEREfORE, in consideration of IDe c()ven~rlts hercillaflcr contained the pjU1le~ ~grec
llS follQw~:
I. RECITALS INCORPORATED. The; above Recitals arc lrue and correCI and s.!lall be
incQrpQrlltcd ncrein.
2. INTERIM FACILITY, The lipprop';llt~ on'5ilc ueam""al f~dlities, ~Ild <:lJllc<;liofl,
diGltibulion and lran8mi~Gioo systems are 10 be C().II$lructC<:! lIS II patl of Ibe propOl.'led PrQ;cct and
~Illl.lf be In lnt~rirn 1i)'5rcm~ all 1I1illly ~y~tel'rn' Or po.1Ttm(i) tbereof shan ~ can~truclctl in
47
Agenda Item No. 7G
July 26, 05
cOnlrlianee wilt! all 3ppli<:able Slate, Federal and local :Slrillc.Jard~, Iht: Collit:r COLlnly Lalit! Page 87 of 86
Dtlvelopmell( Code (U)C), lhil> Ordi"dllct:, as .....ell as the Uli1hies Stand:nds M31111al. ~I)(J ~r[l to
be ownoo, operated ...nl! rnai"laincd by the Developer, or otl,er SlJccessor emit)' ~a[isf~cl()ry 10
.be COUln~. IHlli! sllch llmc as lbe Courny's off.sile Lllility s}'~tems .are availilble 1.0 service tile
proj C1: t. Th~ i Tltcrim sy.lcm s hall supply services to Ihj s Projec t on 11' or. subject to the Cou nl )"~
aP1H(WAl. other adjaccllt or m:ilr-hy laml~ lJwned by the. DcvclopClr. TllC inlerim syst<::111 IfU)' L1O!
pr()viti~ ~cr"ice outside th<:: ProJoct wi[~uutlll<: t!\prCS~u wriucn I:OnSelll or ,.~ Coil it'" CUUIlI)'
Wilter.Scwt:r Di,trict ilnd only to thc el>lent of such wriuen l;an5~ral.
3. DEVELOPER TO DISMANTLE llWERlM TREATMENT FACILITY. UPOll J;OlHleCILoll
10 lhe CClunt)"s off.sire l.lIilily ~yslEm5 lhc Developer ,hall ab~rtdon, disrruallllll and remove from
the sile the inlErim lrt:iHmtnl r<lcility. All cost. related to this aClivil)' lih;i11 be borne ~olel)' b,'
the dcveloper and [X!Trurmcd j[l accorda[lce with FDEP standards.
4. CONNECnO;./ TO COUNTY'S OFF-SITE SYSTEM SHALL BE AC(';OMI'USHED AT
NO COST TO COUNTY. The Dc,'elopcr ~h.;jll, al 110 cost 10 .he COUNTY. make counccti(l't
to dlC Counly's off.~itc ulilily systcm(.Iil within ninct)' (90) dllY~ of notj[jcluion [Ilill sut:n
~ystem~ have become Dvailable. Co~t5 of c()l1nectlOI1 slull jnclude, whenevcr IhCl CULmt}'
requires. bul not be [IOliled 10, cngineering, design, preparation of construction docllmenls.
permilliDg. modirlcation or IClIofitling (If elli\tlng pUlnping fa~llilics. COllstruct;on of Ilew
pumping f..cilities. inlercoflneClioll Wilt! Count)' off...ite utillly s}'~[ems, My (r;u~mi.lisioll.
t1iSlributi<Jn Or colleClion bncs m:ce~~ary to l1lake. .be COllllcction und 1I1lY rC~Llired
environmental i1udilS, including Ihe expell:>e of brillll,illg rhe ~Ilbject S.)'St~Cl1(S) or punion(s}
;h~re\lf imo compli~ncc a~ well <IS an}' amI all \:051> for cJIl.1Jl-UP, tcm(wsl Of r":lT1l:difition.
.';. CONVEYANCE OF INTERIM TREATMENT FAC1LITlES NECESSAI~Y r-flR
CONNECTION TO AND OPERAT10~ OF COUNTY'S OFF.SHE UTILITY SYSTEM(S),
Al which lime !it the COilmly'~ off-$ile: sY~lem{s) ~comcs available for conlleclroo or tl~
Pmj~t, all ullHly fncilities rNl~in;u by th~ Count)' ill order to make ;uch conDcction ~ll.lI' lJ.c
conveyed to Ihe County ill mcc:ordllllce with CmUlty Ordin.mccs. ru]~~ alld regula(iuns thell in
!;IlTe.::t. togelht:r Wilh lllllUilily casement' required by ll'ae County. All con~trlJclion pl;ms "-Ild
\eclulical :;pcciflcsriull; related 10 the cC)[lneclion 10 the COU[lIy'S off-sile UILlily sy~tcmE shall be
submLllcd to lhe Counly for f'C\liew m1d approval prior 10 COll1mencement of con~lruclioll. The
COUNTY, at its OpdOLl, may rtqllirc conveyance of fpclllties inlcmallo the projecl,
6. CUSTOMER TURNOVER. All customers served on an interim buis b,y the utilil,' ~y51c::1tl
eonslnJeted by Ihe Developer sball become e\lSIOm~ls of the COU"I)' at s..,h lime as the
COllnty's ofr-5ite ]XJlllblf: waler, Iloll.potablc: irTjj;llltO~ w~tcr. and/or wastr:w,uc:r s}'.sterns
become availivlc 10 serve the Projocl a.nd ~lIc:h COOnC(llOn is made. Prio[to cOnratCltOCl ur the
interim J,ltilily S)I$lem 5ervinlllnc:: Project to dl!l Counry's off-sile ulility sy.!ems, the Developer
$hall oiubmit to tho Coumy a c;amplete liSlin, of Cuslomers served by I!le interim utility (1st!!!"".
lIrld s!l&1t llot compete in an)' way wilh lhe County for the sel'Ytce of Ihose CU.,IOmcrs, Tho
!levell/per 51l.11 a!so provide IDe COUIlI)' with a detllil~ inventory of rhe faeililieslicrvcd widlil~
lhc Project.nnd cooperate furly in theexpedilious lransfer of all)' billing procadurt:S.
7. SYSTEM DEVELOPMENT CHARGES SHALL BE PAID PRIOR TO PERM!T
ISSUANCB. The ~cl()per .hal! be responsl!:de, for p~ymenl of An ~prli~~blc ~ystcm
development charses in It'OCdlll1<;e With Ordinance 2001-13. Seclioll 74.l()3 0; PllymclH, ..~
tllen alJlend<<l or slIpea<>dod. Th.is reqllJ remenl slla II De milde k Ilown !o a.1I prospccti I'~ b I lye rE
48
Agenda Item No 7G
July 26, 05
of J'lroperlics for which blliluir.g rermi(s will be required, and l;upplied ~n wriling UT'()I'I closing Page 88 86
of 5 ~lch properties
8. BINDTNG EFFECT. Tfti!> Agrc~menl shall be binding LI(lOS1 the partie!;. their sw:cessors
amI nl>ign~.
IN WITNESS WHEREOF. tllC p;\r1ies 'l~\'C el\ecl.Jt.,d lhh Agr~ell1enl a~ of IRe dale. and year
ii~l abuliC wriucn.
r [)c:\'e!opet's witnes~ ~r.d signalLJn: block. see InWLJClion No.3]
A TrEST:
--.l1ii!!m..nf.e1m l...w~rk
By:
BOARD OF COUKTY COMMISSIONERS
01- ('OLUbl~ COUNTY, fLORID.-\. AS
THE GOVERN 1M, BODY Of COLLIER
COUNTY AND AS 'I'HE EX-OFFICIO
GOVERNING BOARD OF THE. COLl.lm
COUNTY WATER-SEWl-:.R DJ:iTRK.T
f>cpllty Clerk
~y;
, r~:lirHl~tl
Approved as to form and
leg~l sllfficiellCY'
By;
AssiSl3nl Cwnty AHOnJCY
[I)C\lclnpcr's ad:nowledgmenl and l1013ry block . S~I:. Illslruclion t\o. <II
FornI 2 . Rev, 20()4 tUlililie~ I'erforlllllnc:c Rond)
llTlI.lTIES ItERn)RMANCF. RONY>
KNOW ALL PERSONS BY THESE rRf-SHNTS; lhal
rln~er1 n..me of Ow II cr. See Inslmction N{}. 2]
[Insert current bLJsincss ad(lfCSS of Owner]
(hereinll.fl~r rcfen-~d to as "Owner", ~nd
[[Il~erl nam!: of Sure I)' - See Inslrucllon No. 21
llnser. CIIITCI\l bllsines~ addres! of Sur~lyl
(herein;lfterreferred 10 as "Sllrety'"), are held and firmly boond onlo Collier Count)". Floridll,
{hercinaflcrcalleil "l.CUnly"), in tl1<llotal ;\gi:n:~~te pcnlllsulll of iinsclt wrJtI':11 J(111;,r I!.mOllnt)
Dollars ($jin.sCl1 nLJmericdoll~r amount}) inlO1wfulrnom:y of th~ Ullilcd SLues. for the pOlymt:lll
of which ~um well <Iud lruly to be made, "'I: bind oursc:lvCli, oor l1eiro, e~eclltors, iHlmiilislralor~.
iOUCCl:S~Qr~, and a"ign$,jaiOlly aflr;! ~~"eraUy, nrm~}' by lhese prczllls.. OWll~r and Surety ~n:
u~cd for singutar or plural. as I~C context requires,
THE CONDIT10N OF THIS OBLIGATION i$ such th.ll whereas, the OWnI:I e.[Iterl:od illh) il
cenain Uliliries SY'lem Con~trucllon COlllncl. daced the _ d9Y or _' 2()_, :l
copy of wh kh is hereto aunchod lInd made a pllrt hc1eof; IInd
WHEREAS the Counly hi.! II m.&Iler:i1l.1 in~re~l in lhe ~om1an~1: Qf 511id Contracr; amI
WHEREAS (Ile Cl)\Inly has ildoptCld Ordinances and R=$"!\ltions (hereinafter "Laud
Devclopment Resularions") cQ~.eming Ino:: Owner's obligatJons to Ihe Count}' regarlli'li; 1m:
construction, COtlveYM"'= and ......arranly or parable water, m:m-po(abJ,e irrigaliotl Wiler and/or
w..stewale.t sY$tc:m(s) or ponjon(s} thereof constructcd wi.l1in the LJuill<::orporlllcd llrea of Collier
Counly;
NOW, THEREFORE, if Ihe Owner sbaH well, lrul)' llnd fahllfu[ly perlOrm il.S e>bliglltlons .lAd
o"tics to rbe COllnty under said Lnlld Development Rcgu!aliol'l~ alld aJI the ul'lclerlilkillg$.
19
wvenant5, lerms, cnndltions, .lIlt! ;tJ:!CClTlCllt~ of said COlllra't durillg lbc oriebl.tI,ermthcl\:(lf.
aml 'my cJ(t\:Dsions thereof which may be granted by lhe. OWIlt\r. Wilh or withollt Jlotice IU lhe
Surel~' and during lhe guar~nly period establi$lled by the COLIOty. alld II:~rc,1rler, an<.l If the
OWnI!:r shall satisfy aJl ch.im.~ and demands incurred under ~lld:. contract, IInd sn~lI full)'
ii:ldcrTUlify .:md '3\'e hannles$ lhe Cuunl)' frem all COStS ~nd l!~m.lge& which it rndJ s!;.f(cr hy
r<:41:ion of (ailurc '0 (10 :>0, lInd 5hall reimburse Jlld !CpaJ llle COlJl1ty i~11 oUlley Ind eJl.['lenl't:
whi(;h rho;. CoUllt)' m~y i"cllI in Iludlin!; good au)' clet'mlh. then <hj~ (,bJLg;,llon sh~lll).;l \'<fi,t.
nlher\lo'LSe to remain ill full fmel: am! dfc,cl.
PH.OY1T)l;D. FL"R1'HER, thill lhe l><l.id Surel)', for "llh.ll: ~civc.d bcreh~', stipulates and ag,el:~
that no dl!l[Ige, e~tellsil.Jn of lime. altE!'ration or ,lddi,ion to I~B lerms of the cOlltr~ct Or 10 work
to be perrO! I"cd ttlcreu!ldcr. or lhe sredfic;llions ~-=colllp;!nyillll samc .hillt io aD}' v.'~}' ~ffect
il~ oblLgaliolt (In lhi! I:lOl'ld, anu ~1,lCS hereby ""aj,r~ n<Jlicc of ;IllY $~I~b dlllnl;e. cl\[C:ll~ivn'Qf
lime, alteration ur <Iddilioo 10 fbe terTnS of [he cotllract ur 10 tile work or 10 Ice ~pecij1cilliuns.
PROVIDF.D, FURTllrm, [h,n it i, cxtl''Cs~ly 4grecd tltal the bond shall hI!. ~lecrrlcd amended
'lulomatically ~nd immediately, withollt formal ~r..d Icpar3te ~mclldmcnts hCTCIO, LL;JOll
alTlendmCll1 to t]lil C'onlr3Clnot illCl'c:asing t:he eal\tl'~(l price more lhillllwcnty !>crcenl (21),,~),
so ill to hi'ld the OWller ,1Ild [h" Surety EO. [h~ full ~nd faithful ]>crfOfnl3.IlCC of Lhe COJl[!'aCI ~, :;0
amended. The tcrl)l "ArnclIumellC", wh~JCYcr llsed in lhi! tmnd, ant! whether refcrrjng to lhis
OO:lcJ. lh" O.!ntrllc.t a.,. Olller uocllmcllls sh~1t jncttld~ ~r'l).. ;llll:rallon. ~cldilioll or JDr.Ji!i(;lllion of
alii' ell mleecr Whill~llCver,
IN WIT~ESS WlJEREO~, the punics nerclO have c.msed l:his rl'l~lnimcn.tlo he cl'I.~cuted thi~
_ dily of
~, 20_.
fO....'Jler'. witness OlncJ signat\lre block - Sl!e: !Il.ln:"ioll No, 31
~OTE: Collic.r CUum)! sfl~1J nOl ~;.:cc:p( ~n}' Letre.rs oCCredit iflUl call1lol be
preiCHtecl in F!orkJa.
r.sur~.r'. witness and ~igllatlJr(: block. ~c=e Instruction No.3:
[Notary ~nd 8ckJlllWledgmcm blades for bOltl Ownc.r a"d
SLlrct)' required - See InslruCli.:l1l },:o. 4]
Prepared by; In~m:;o OrpcrsOlI prupilringlhis Jnstrtlfl1cllll
[AdtJrcss ()f pCrl;on prellarir.g this Jllmumcml
Fe1'1Il 3 - Rev_ 2()(j4 - {Letter "fCredil)
IRREVOCABLE STAr-iDBV L~TIF..R OJo' CREDIT NO.
ll11~erl i..ller's idclllifyjrlg nllfllbcrl
ISSUER; limen fl.l11 nClme and streeulddress ofIsslJerl (hereinafter "Issucr").
PLACE ANI) DATE OP ISSUE: [insert address w!lcrc: credit h iuuoo alld dale Ofi~$'le),
PLACE OF EXPIRY: At Issuer's <;Ollnler.s locllced at
. IMu5t be in Floridal
DA TF. OF EXPIRY: Thit Credit shall be v~lid until limen date of 3~ond .IInni\'\:r~ary of date
of i~suel. and .hall thereafter be ,,~[.<lmltic3IJy ~IlCWed for $u<;cCGsive Cln~'ycar ~rioos Oll rIle
anni\lewuy of Hs iSsLle ullle.s.s ~l lea&1 ~ixty COO) day~ prior to on)' ~uch alllliversary dat=:, the
Iuuer llo1ifies the !jelleficiory in writing to ~l:lIff (al Engineerirlg Rcvj~w St;:rvices. 211oo N,
~orseshae Dr., N.IIple~ Fl. 34104) by regine.re<l maillhat [he bsuer e)e~C. nollO so renew this
Credit
APPUCAl\'T: [inSCrt fuJl namc of jler$on or eL\tily . see 1n.~lnJctiol1 No. 2J (here~nafter
"AppliclIlIl") (insert Ap?lkanl's CUlTellt bll5im:n 3ddre5sl.
50
Agenda Item No
July 26,
Page 89
7G
005
286
Agenda Item No. 7G
July 26, 05
BEI\ErlClAR'f: Thl: Boor<! of Counly (:ommis1ioncl'3, Collicr COlJnty. Florida (hcn:il'l.lflcr Page 90 0 86
"L1c Ileflciaf)' ") CoLlicl COllnl}' COllltlHlUSQ Comp!.:x, N ~pl e~, Florid:!.. 34112-
AMOUNT: ~[in:;crt doll~r a010llnll (U.S.) up to a[l aggrcgale lhcreof.
CREDIT AVAILAHLE WITH: JsslIer.
IlY~ Payment OIg;linsl docull1~n[~ de[,'liled h~relll and a~lt~flcia'y's drJfl~ at ~ighl dr~wl1 011 ll1e
h"'L1~l'.
DOCUMENTS REQUIRED: AVAfLABLE BY BE!'.'EFICrAHY"S ORAf"l'{S) AT SIGHT
DRAWN ON THE ISSlr'"ER AND PRESE:\TED AT rLACE OF EXPIRY ACCOMP....,-;IED
BY BENEr:ClARY'S STATEMENT I'URPORTEDLY SIGNED BY THE COUNTY
MANAGER. CER'ff"YIN(i Y~IAj': Unserl nilme of AprliC'~rll] ha~ faircd loconstrucl allJ/or
m<ljmain thc [idelltify Iype of impr:w~mcnls by potable "'iater, non-potiLbl.: irrigaliun water, or
w~5tewatel or ])ot~ble Willer i1nd ....."srew..ter :alld/~r nOrt'putabl.; irrigatLrJn water] additiol1~.
~J(lcllslons and/or ~mlll()vemCIHs as ~fIOW'1 UTI Lh~ ptuns fur [insert exact n.lme: or litle ol' pmi~ct
sho\\'.'l'l Olt COllSUllctjO,l plans], or jlriQr 10 tlie d"t~ \If c<\piry tbe ~pplic~n.c t~ilcd to C:(Jmpl~lc tll~
required final dcceptance procedures a$ required by the Collier Courlly lJtiliti~s Sl,L1HJ~lrJs lJIIJ
ProccrJurcs Orclinallctl. 3ntl the Apf1ticallt failed 10 provide till: COlmly Willi satisl'.I<.:IOI}'
;tltcmalive pcrrormancc ~curjty as required by lli~l OrdIIlJI1CC,"
I)){ArT(S) I)}l,AWN UNDER THIS LETTER OF CREDlT SHAll BE MARKED: "DI'awl]
llllder [inser1llall1c 01' Jssuer], Cr.:dil No. rin_~cftlswcr's num\)er i.Jcntifyiflg this Iclter ofcr,:uLll.
<!;L[CU Limen QriginaJ dale of issue]", Tile o,iginillleucr of credit :Ind all alnclldrnenls, if any.
must be prescnted far proper cCldo~emenl.
This Le[ter of Credit sels fOrlh in rllll [ne limns of tile IS511er"s undcTtllking, and such
ulldartaking ~hall not III any way be modified, lImended, or llmpiificd by refeJ'/:ncc lu a~}'
doc ull1:rUs.. illSlrl.lmeB[, or ~I;rc~mr;:['lt rcfcTCnccd 10 herein Or in which l!lis teILcr or ~rcdil
IdaICS, alld allY ~uch refcrcnc~ stull not be deemed l() incorporate t,eH::in by relt-rence all,'
ducmnem, instrument Of agrccOlCnI.
l~sucr hCll:by cng.llgc3 wllll Benefid~ry [hat dr<ln(~) drawll urlder and ill compliance Wilh !tu::
lerm~ (Jflhi~ (;rcdil will be duly bonorml hy lssllcr if prc~.:ntcd withilllhe VJIiL.litJ' uf lliis ~r"dit.
Tbis (rcdit is subjccl to the Uniform C'us.loms and Practice: for Documcnl~ry Crcdils (1993 (or
1,1Ief i;cncfOllh ~pplic~blc) Re"i~joll] rnterJl~lioni.ll Cl1l1mbcr of Commerce E'ublicalion No. 5m
lor !aler l'ublk:lIiclfI No_I.
[NJme of bs.ucr]
I.ly;
I Inserllill~ of corp()r~lC:: officer - mu5l be signed
(>resident, Vice l'rcsidcm,
0' Chicf EIlcculive Omccr)
[NOTE; Collier County s.ball not ;lcecpl allY LcUCT> or Cmditthal cannot Ix jlrc~cnted ill PI"C'c
of E.\(!lry in Florid..J
Fo.m4 . Rev. 20M (Ulililies FDdlid~s ,uHlIor Utilities Easemenl(sl Sllhorctinutilm}
[L;~vi:';3" ~p~(:~ bhlllk ~pw~~ ill IIpper riGht hand comer for recording purpooesl
UTILITY FACILITIES AND/OR UTILmES EASEMENT(SI SUBORDlNATION
TillS SUBORDINATION i3 daeed lhj~ _ aa)' of _,~, by
(Insert the complel~ Iml com:c;t name of tbe SecLtreJ Pal1y - see JnslructiQIl No.2)
(Hll.reinafler ref~ tl) n [~ "Secured Pan)'''), in favor of (he BOARO OF COUNTY
COMMISSJONERS OF COLLIER COUNTY, FLORIDA, AS THe GOVERNING nODY OF
COLLffiR COUNTY AND AS THE EX-OFFJCIO GOVERNJNG BOARP OF THE
COLLIER CQUNTY W A TER.SEWER DrSTR ICT, its SlJoCoCeSB(lN llnd assigns, (lH: rein u{eer
referred 10 as "County"). Securl'lCl Party as used hel'l:ill indlJdes singula.r or plura!, <IS the
COlllext allows.
51
WHERI!:AS. the purpose: of Ihis S\lbordimllion is 10 ~ubOTl.linatc Ute Seemed (>;lny's
Sccurity IntcreSls lh,ll cn;,;umber good. TT1urkctahle tit~e lO the l:i:ncumbcrc<l Ulility
FilCiljlics undlor lhe !eh~;..:~l Utility Easemclll(s) being convcllcd LO Collier CUlllll}',
which UcHity Fnci1nics al't~ located o,er, Ou find/or under Ihe l,mdcrlyirlg real propcl1)'
lhm is encumberod b)i security interesls in f:L\'or of the Secllred PUI'ty 3S ~pecified illlhc
be~(}w.lislcd secl,lrily .nsll'Urnenl~); 4lml
wrmREAS. l~e Secured Party is the owner ilr1d holder of a
IMlll'lgagc ll! A~sigJlJl\el'lt (If RcrJlS IlnJ Profits, lice. I". CIC.]. rc:r.:(mkr.l jrl Offici,ll
Records Book . P'oge , et seq.. rubll~ Rccol'ds of Collier C~lUIlIY,
FlmiuJ, [rmd if ClppJicubl~J. ilS ilt11cndcJ by :J . recol'{Jed ~l O.R.
flook, Pllge ~ el scq., Public Records of Collier County. Florid;..; UIHJ
{NOTE: "'UCC./<; are usually subordinaled by UCC-Js. )f 41 VCC-I or L!CC-} is
fccordcu ou(side of Ctl~licr County, 11l:>~Tt the BMk, Page and plOlce (uSl.wlly
T<1II:Jhas~L:e) uf th~ reCQrdalion 01 each .uch UCC-l or !.lec-] I,
WHEREAS. (he Secllred Party tS also the owner .md holder of ,l
, rcc.:mcJcd al O.R. Book. Page . ct scq,. Publ ic RecQrds
of Collier County, Floriua, as amc:mJccl b>' U rewl'L:Jcd <.II Q,R.
1300k:, P<:l~C _ ct. seq., Public Records of Collier County, Florida; and
WHEREAS. each above.referenced Secllrity Instrument grnrlls tQ this Sc:cufed Pttrty a
~c:cul'ity inlCfcst thai encumbers gootl <.llld markcwll1c lilli: to the Ellcumbered Uti lit}'
F;Lcilities Dei I'lg con~'cycrJ 10 Collier COUflly, and/(Jr encumbers lhe n>I,IIt:d Uti lily
EOlscmem(~). ir any, also being conveyed l() Ctlllicr County, whicl. Util~t)' Filcililies
ll.o'l\!C been cC)nstructeu wuhm such cm.c;mcnr(:.) amI IHC unuer. on <\lldloL" O\ioCr Ih~
lmderl}' lng real pf{l[lc:rty; l!rHl
WnER~AS, prcn.:quisile to the conve>'ancc of floc Urili!]' Flli'.ilirle. :lIlJJur related
Utility Ea~cments. if IIny, being Gunveycd to the CouOly, CollieI' COUll1)' rC'Iuin:s lhll~
this Secured Party must subordinmc ooly il:i SC(';llri~y Interesls in (i) lhe: Encumhcn:d
Urilily Facilitjes being c;orm:yed to the COUtlly ilnd (ij) each relaled l:1iIi!y
Ea$cmcTlt(s), if any, being CtlIlVC,}'CJ [0 Ihe COllllly; SlId the Secul'~d PaHY is hereby
complying with said request for these suool'dinaliou(s).
NOW, TI [~REFORE. in consideration of TEN DOLLARS ($HI.QO) and other gou<l
and \lalutlble (;onsiJc!ali~m, the receipt of which is l1ereh)' 3ckoowledgetl by the
Secllred Patty. tht Secured Part)' hcrcny subordinllt~'S ilS security interests in the
Encumbered Ufility Faci [hies bctni wnvcyeJ to Collier CQunty. OlmJfor LO taGh (jrilil)'
Eascmenl(s), if any. bcing con..'eyel.llo ihe COUIllY. whi\.:f1 cncllltltlcrcc.lllli lily PaCl1 i(ics
:Ire 1000atcd over, Oll <lnd/llndcr lne described LJnticrlyin.ll rcal pro[lL:ny. E:>lCL11t U~
expressly ~ubordlTlaled herein. ~hc Sec\lred illlerc:;~~ of the Ser.:ured Parly rcmaifl in (ull
force and effect.
IN WITNESS WHEREOF, lhe Secured Party has caused (hiS Sub(lrdination to he
executed the c.lilte IITld year first ~bo\lc written,
([nsen I:;orrcct witness !lnd signature block. see Instruction No. 31
IAe;knowledgment and nOlary' blQ(.k - See Tr\5tT\lction No.4]
Prepared by: [Insert name llr1d 8U<:et address of (he individual who prepllred thts
Subordinalion]
[NOTE: Upon reque~l. County 5tll.ff will provide examples of properly execuled
SuboroinllUons).
Fol'JJl 5 -Rev, 2004 - (AUor'Jley's AffidllVlt)
A1TOl{~E\"S AUJDAVIT
STATEOfo' r"(lllln~~(SIUc;1
COUNTY OP [name of County]
52
Agenda Item No, 7G
July 26, 05
Page 91 0 86
Agenda Item No.
July 26,
Page 92 0
BEFORE M~, the Llnde.-signed ~LLlhQrit)l. on Ihis _ day ()f
20_. personally .lppeare.d
havillg been s.....'orn upon o~lh, deposes and Slales~
. who j~ to me .....elllmown. alld
My flame is . 1 am over [he age {If twemy-nnc (2l)
}'e.:lr~. am othcrwj.~ f.,i jrltis, and h~v.: pcrsoJl~,1 kll(,wlcdgc of the f~<:t$ aucl1o.:d bcrcin.
2. I" III D. J iccnscd ntlorn.~ y, Florid" B ~ r iI
, atlthorilcd 10 pr;JcLic~ !;LW ilL FloridJ
anil am cLJrrenrly pmclicing law in llle Slate (If Florida.. My businf';~s addm~s is
. ~Iy busine~~ t~]cl~b()IIC ollmbt'r ~~
My businen \Tlailillg ~(!dn::.. is
3. This Affidavit is givcll as,iln inducemcrll to the noard of COILnt)l Commissi[}ners of Collier
COIlI'IIY, Florida, as llle governing oody of Co[Jicr Count)' an(j <1$ the f::.(.OHi<;i() Governing
Board of tbe Collier COLinty Waler-Sewof J)is.tri.;l to a\;.;;\:pl lhc dedication Dr com'ey."cc of
lidclltify type of ulility facililY by irueni1!; putable WIl[ef. non.pot:tblc irriCi>lion w~Ic<, m
wa"cw~lcr. ur potablf- .....iHer ~nd waSIc:wJter. anti/or non-polable irrigation w.1lC"rl Illilily
~ysu:m(s} or pOr1ian(~) rhcrcof locat~d wiltlill or upon till: real property descrihed ill the
attached E,;!,ibil ",0\'", .....hid' is incorporated herein by referen.;e, said Inmi being I{)Cute~ in
C()lIier C<mOll', 1;lorid;\.
4. The Affiinl has cxamined record title Lnformation [0 thl: ullderlyinc real propcny lllld tile
utllity r<IC~li~i<:s !xing ,on...cycd 10 tile Coumy rcfcrc:n;:el.l ill thiS .'lffid.avit. including but nOI
limilcd to. infonn:Jtic}fi re.quc.~ted fr<llll the Floridoil Secrct:J.ry of .'Stale rcl.tivc 10 any Uniform
Comrtlf-rdal Code finAncing SIJIemcnts.
5. Tile record owner of the underlyillg real property described herein i~ Igivc rullle(;~lllJrac
o{ owner .:15 II appears in lillc inrormallon; if owner is Srl cntily. mllke refe~nee to the IUWG of
the Slate or jurisdiction Llnd~r which entLI)' was crealed arid presently op.:mtesl (hcn:in..flcr
"Owtler"). Tile Owner acquired record lille to lhc ~ubjecl rClil prope~y by iastrlllnc[1l recorded
at Official Rocord~ Book _' at l'i1ge ~ l'nscn official record book. ;Jnd firsl page
of imtrument where owner aeqLlir~rJ title]. PLlblic Rccord~, Collier Coun(y, f1orida.
(lNSTRUCTION: if the retord owner is an entily, the Affiilnc mllsl indica[c that he bas
cumincd corporJte or panncrsllip irlfOrm~ILO[1 cbt<linod from lh", jurls.di;:tioll uLldcf whjclltbc
emit)' was created llnd presenrly operates. thJ[ Ihe entily i~ current and a.ctive within saiu Stare
Or jLlriSdiclioll. Ihat the ellti[y is currentLy authorized 10 do bUliLl1t:SS iD the State of F1or~dil, and
ideMif)' the e':.:lCI tlarllf: ~"d lit1<; \,r t"~ ~t501\5 authorized to execute th~ imLrumcnts 011 behalf
of Ilm eILIilY ill cOllju[\ctinn w~lb 111'.: conveY:i.llce of 1M subj<:1.:1 !'COli ilnd personal properly.
rLln;~limt 10 Se~lioll 669.071, Florida Slat.,(!!s. IF Ir.e record OWrll::l' is a. trusl.ce. ttle At'fiilI1L ~h.all
state tllilt lh~ Trllslee has full power and authorit)' 10 CJO>eA:Ut.e hSlrulJ'lCnlS of CODvcyance 011
behillf of !he 'frusl and, if appli~ll.blc. im:OfpQrale hy I'd~rcrtce dnd all.llch sllppordug
dOCLimen(:i.lion.] {If tbe rllCord Qwner II an individuil, the AffiOlIlt roUE! ~t..ce HItJ msrjt:ll Sla(US
represellted to the Affi~nt by lhe il1djyjdulll and, if married, slate wh..lhcr (he real property is or
1$ 11<:11 f10meslelld propeny. If thf- L11ilit)' f~cilitiO::$ lx:in~ l;on'l'eyed .I'e located wholly .....ilbin
Pllblic righI-of-will', Ine Affidavit should stale that fliCl.J
6. Tille 10 lh;; ~l.Ibj"cl utility syuem.{$) or porti(}~(~) (bemaf all~()( cilsc:mem(s), H' <lny, Ix:~ng
conveyed to the Caun ty h ~ot C nc ~lmbc.cd of record.
OR
Titre 10 the utilily ~Y.lilem(s) or ponkm(s) lheroof smJlor e8semel1t(s) beitlg cOflveycd to Ibe
County i$ encumbered by the f(lllowlng inmumcl1ls of record:
I. rdc.i~ibe re.;:orded instrumem Ihal imposes security inleresl againsl tll!e to (~e
f~eiljtiesl to [Jiit llU1W or the mongacee(sl1 . dated . _.llnrJ
r~ordcd at O.R. Book _' Page _ Cl seq., Pllblic Recor\ls ofCoUier COllnt).'.
53
7G
05
86
Agenda Item No. 7G
July 26, 05
2. ute-I, recmdcu at OK )look _' r..gc _. Puhli~ Rcc(}l'd.~ of Collier Page 93 0 86
C:ClIIH)'.
IINSTRUcrION~ The AfrtOlllt must list l!.3ch morl8~gc, assicnmellt of rents and [lmfil~. UCC.
~('J or otber secllrlt)' il15trurncrll Itr3t ilpprc&s a sCCUril}' illterc:~l that could lleBwli\.'el)' wHeel
~omejlam:c u( good title 10 the uti lily sy~lcm(s} or portion(s} 111ercof aml/ur ~~SCln.:n[(s), if <I1IY,
beillg com~yed to the CUUIll)'. It mal'~ct41ble litJIl 10 lllc ulilil~ ~)'':;[clll(~} 01' porlion(sl t1tcl'~of
and/or ;my cilS~mCnl(sJ bcin;::: C0l1VC'yo:~1 i& encumbered by <lny such rCCUI'\lt;Li ill!;[I'~lln<:'lI[, ,Ill:
Al1i<lI\l sllall t1cscl'j!Jt; lll~ n:spc:clivc security inmullleul. LI1Cllldinll thc book am! fiut page
wh<:rc the ~cC'I[i[y imtrumt:nl Ilu~ bcCll rcconled. It i.~ not nllCllssar)' to illtach il (;UP}' 01 .HI)'
such ~oculne!lt tCllne ArfI~.htvll. This I\ffirbwil mu~t Ii~t cadi ~ecudll h~tcnsl ~lInl is listed
ill 1he Own~rts ,Uflol.lvit. lllld cadi ~l.lch se.clu"ity inli!l"est lllu~l be ~ub()rdjl~IHQd" Du !Iv!
lj~l a Nod,e of CDlmT'ICn'~n~IH or ReteH';Ition oi Minerai Righi.. <:lc.. bcC;IU~C su,h
ill:>lrum!:nl~ do riot negll.livel}' a(fecl mcrkl:tablc litle 10 tile ulilily syslem(s} Or 1101 liQJ)(~}
thereof ;ll1u/or tJ.semeJlt($) heillg conveyed 10 (he CO\llll~'. If ~II of the Ulilily tadlltit::. ul;;illg
COlwcl"cd W the CnLlnl)' am located in PLlblic righl-of.'I"uy, do llol1isl mort~gCl>, c~c,. i i tl1~y dC)
aol c:rlcumher after acquired property Illat i~ !oc<lloo in publi~ rit:llI1Jf'Wil}'. Cfilims 4ls5crt<:d
ullder ChaplJ.:r i 13. f1urida ~lalutcs. AlIlSl be "transferred Lo ~ecLlriIY~ rUrlaWLll l(} Seclion
i! ).24, f;lorida Statules, or other adeqll:t.e security ~cc~[ltabk: to lhe Count;' AltOljlC~' mll.it be
pf()v~l.!elll() the CQUllt}' hcfor~ lhi:l COllnly Will grail! pn:liminur;' acocplancc of llllc Lo sueh
f.1CililiilS.
7, Affiant further states t11i11 l/1e inform~liCln contained ill this Affidavil is Irue, COm:CI and
ClllTlmt as of the clale Chis Affidi\\'il j~ gi"'cll.
[INSTRUCTION; Un~.:ss tlte time period is cl\tended by sMf for good CMUle in the spocific
ins1ance. pet Ordinance. the dute or thi!; Affidavjt should not bel dalcd ~ar'ier tllall sixty (W)
days prior HJ tbe ~ubmillal of kgJI do\;umcllt~ pcnJinin!,: lU Ulility CunwyaJH:e 10
Culhcr Cuumy, r:n~illCCJirlll SeHiees to ~on~iYl:r preliminilry uct;cplll.nce or tll~ sub.iect utHity
system(s) or pLlrtlor\ls) tl1ereof documenlS,)
FUR"rHER Af}'lANl' SA\'E'rH NAUGlIT.
nATED lhis
day Qr
.10_,
^ttom~y/^ffiant'$ S[gnatllre
AttomcyfAfiianl'S Name
SUBSCRIDED AND SWORN to before me [hi~ _ (by C1f .20_, by
(Insert name of Attor~e)'tA.flitlnt), who i. personall)! ~l'IO\'In 10 me 115__ OR W]lQ prodLlced
idcntificlIllon ~.
Type of Tdcnlific.alLon Produced
Notary Public
My Commission Expires~
Pril'll~, Typed or S18mpl'd Name of Notary
PrepllIoo by: Iname of pel'lion pre~Tinil thia Affldavitl
(AduJ'1l..ls of persOll preparing; th is Arr.da~iq
ronn 6 . Rl:.... 2004 (OWOIlr', AClIdavlt)
OWNER'S AFFIDA.Vn'
STATEOF InallleofSllll~1
COUNTY OF Inll'll" ofCollrlfV)
54
BEfORE MH. lne urldcrsignecl illlthorily. personally appcm~d
wl,o (0 n\l} I~ well know>]. ~ltd h~\'ing been dllly sworn li11l.l lI[l~Cr Oiltll. depose~ alld ,tales:
Agenda Item No.
July 26,
Page 94 0
7G
05
86
1. My name is . : Olm ever the :age of twenty. one (21) ~ear&. JJn
suijl.ris, and ltavc rer~lm~1 knowledge oftbc facts assl:r1cu Iu:l'J,;ill,
2- I illtl (h~ OWrlcr of saill rc,lf pr('l~ny (oc<lt.fd 011
. ..llLt!
ues,ribed on Exlubi( A, whic~1 ~ll(lv.'s ll'le JocallCll1 of tlw. suhject lttihly f"dllLie, lY~ill~
wrJveyed.
3, All persOtJS. firms, l\nd corpor.'lliotl~, including Ihe general conlracEOr, all 13borers,
Sllbcorllla,tor~ and SLJb-suOCOlltraelOr:i, materialmen ,lI1d sU(lplicrs who tlllVC r"'rnishc:d .ervice~.
I~bor or rnille(ials according ((} plaru; and spcdf~catiom. orcxlra items; used ill the consto'ucll()ll,
inswllatiQfi lUlu/Dr repair or lidentify type of lJlilit)' f;lt:ilily by ill.\wing jHJtublL; \l,'.kl~r. n'un-
pot<)ole h'tlgatloo WOller. [)T wlIstewater. or pot.:lble water .'lnd wastew~ler :1I1d1<.lf 1l0,,-powbJc
irrigaliol'l w~terl ulility system(s) Of" pOTliol'l(s) ltlereof orl the rca~ e~tBLc h~r~Lnarter descri~d.
11..,.<; been pllio in fult 11l1d IhAt $uch W01~ has been fully eOlllplcteli ,IIlU llllCOCldilion~lIy
accepted by I be c uncn( 0\101 Cler of suen faciHlies.
4. No dajm~ hAve been rnade to the OWl1er, nor is any suit nOw pending on hehalf of any
cOntnlCtOr, SI.lOCOiUraetor, sub'SUb\:ontTilCIOr. supplier. laborer Dr material-mcn, alHI nO ChillH:1
[11(Jrlga~~. 0.- cOmllliurml bills of s~lc have bt:CIl !1i1,'cn or are new olllslarodillg as 10 Ill..: subject
utility .y~tcm(s) or ponion(5) lhcreof placed upon 0.- illstalled ill ,,, 011 Ibe "fore~:J.id premis<!.I.
5. Tille to .he subject ulility s>'sle.n(s) or portiull(s) [hereof aodiet eascmcnt(s), ir allY. being
CQflyeyeo to the County is TlOI encumbcr~ by any rcc[Jrdcd mortgage, recorded OlHigomcnl of
rent~ OT profits, by ~ny n:cordcd uuiform Commercial Ccxle rimlllcJng S!alem~n1, or by any
oth~r recorded dOCLJrncnl th~t impo~cs a 5.ecurity iHlere~1 Chill cOLlld ne,g.~tiYel~ arfe.,;{
conveyallce of marke(able title 10 tlle Ulili(l' ~~SIC.'l1(S) or portton(s) tooreof a!'ldlor ;H1y ':U:;.cmcfll
I~j[lg <:or....e}.ed l<.J Ih~ (:OUllly.
OR
Title 10 the utiliLy systc:m(s) or portiol1(s) lhercof and/or c:!semeCl( (5) being conv;;ycd 10 the
COLJllly is subJecI [0 the foJlowin~ !iCCurity iCllereu(s) hy tile follow~ng recorded ifl~lrunlenC(s);
I Mnrlgage (or A$$~gnmeill of R~nl. and Profits} [describe olll)' recorded imtl'Lllllents Ihat
;l1'lr"es~ a seel1tity i~llucst i\l;ilin~l lltk 10 lbc system(s) or portwn(~) lneROr ~nd!()r ;~11}'
C0l5cm~nl being cOn'.'c}'ed 10 the Countyl to lii~l n1u1le of IIlr; morlgagee(s)) __ , rJ~lcd
. _, and r~corded Ul O.R. Book _, l'age _ et ~"'tl.. Public Record' of
('olller <:oul1ty.
2. UCC.I FinancLng Statemenl. rocordM al OR. Book _' P,')b~ _' Puhlic Recntd~
of Cr;lllier Ccunty-
3. UCC-l to:cordC'd with FJor1da Secretary of Stall; lo1t Tillllllhiluoe (Leon COUnty). Flor~da at
O.R, J300k _' pasc_.
[INSTRUCTION: The Affi~rll mllst list each rnortllllge, and/or eacb assignmenl of renlS Bnd
protilS. and (/lc:11 DeC-l. a.nd/or each Qlnl'r r<:co'nlc:d dOl:ument ti'Hl.t is II sC<;\Irily illlCti:.St .hal
could negatively affecl cCm','cyance or BOod Ilnd mllrkelable title to llny?f thc utility $yslcm(s)
or portio[J(.) IMrcof (and/or e:lE"menICs). if any) being <:onvc}'cd 10 the Co..my. rr goO<!.
marketable title to tM utility iyslem{s) or portion(s) thereof and/or arlY C:ilScm~[lt{s) being
,ofl\'cycd is em:l.1ml>ere<i by llny !ouch lecorded inslrumenl, lhe Affilml must brietly dC::;A;~ibc
ellell ~l,l..h rocordl:Q. security inSI!\Hl"ol:nr, Jncludin~ the book and first P;Lllc ....bere thaI sCl;'urity
instrument has been recorded. It i. not lle~sary to altltch a copy r>f ally l>ucl1 recol'd~-d
dOCllmentlo Ihe Affidavit. DCl not list all)' Noti~c of Commen<:emcnl or any Rus.:r...~ti()n of
55
Agenda Item No, 7G
July 26, 05
Mineral Rights, etc" be<:ause sueh ctocumcnls do DOl impress any security in1erest against good. Page 95 0 86
ml1rkelabt..: li~]<: 10 Ihe 1JI,I,t). sj's'lem{50) or ptJrtion(~) tll~rcof ;lI1dltJl' cus.emCI1I(.). if allY, being
com.eyed 10 the COullly ,
6. A. oIInd On behalf of the owner of rh~ su1>ject utility syslcm(S) or portion(s) Ihereof, doe~ fnr
v,tluable ct}lH,deration hereby oII&rce aDd j;IJUr~rllcc, to hold the Board of COllI'IlY
Cl)mll1i~sjoner5 of Collier County, Florida., as rhe goveming body of Collier c.o~llIty ~l1d ~5 lllC
E,x.Offici{) Governing Dom'll of rill: Collicr ('oum\, W.Ui:r-Scwer Dislri~[ I't,""nllc~s agaimtllllY
lien. daim or suit by any general corllractor, subconlractor, sub.subcontractor, .lLlflpltel',
1lI~l,;h.lIHC, material-m:m, or laborer, and agajnst chatleL'mortga!;:es. securiry inreresls Dr repair
of ttle sl,lbjeellJliHly syslem(s) or poriitm(s) thereof by or on bel1alf of Owner, AffJiltll is LlS~L1
as singular or plural. a~ Ibe cantelll requires.
7. The lltilily system(s} or jlorllon(s) thereof referred to bereio iln:: l~.tc:d w'lllllll (he r:.al
properly dr.scrib..:d in the all<lchcd ElIhibit "A",
FURTHER ,\FFIANT SA YETH NAtlOH1'.
DATED Iflj~
day of
, :W__.....
OWnl: rIA (fiam' s Signalure
PrinIC,' NJm~ of Am,lnl
SlffiSCRmED Al'\D SWORN !o heir-to! Il'l~ rt'l$ _ <I;IY of ,20_, by
((lIsert n3mc Dr OwncrJAfrlar:J! (indi\'idlt~t taking Ihe oat"'), wl10 is Pen(}nally knowl} to lTle. as
_ OJ< produood illl':nlificalion _' J)'pe ofldelllifrc.uion Produ~ed
Notary Public
My Commiuiol1 Elljlire~:
Primed, Typed 0..- Stamped Name (If Nocary
Prepared hy: lname of perllOn preparinc this instrumcnt]
[AddresE of persall pr~parjnlllhis tllSrrumenL!
I<"onn 7 - Re\', 2()()4 (Ulilily EalillJOent.
[NOTE: Lc.av83" bhnk space .llllpper right hand comcr for recording purpo~e~].
OF,J~O OF UTI LITY [ASEMENT
THe UTILITY EASBMENi(S) (CUE.). are gramed alia conveyed rhii _clay or
. 20_, by [Name of Grantor - ,see ID~ truction No. 21 as G.-4n lur, 10 the
BOA.RD OF COUNTY COMMlSSJONERS OF COLLIER COUNTY, FLORJDA. AS THE
GOVERNINO .60DY OF COLLIER COUNTY, AND AS THE EX-OFFfCIO GOVERNJNG
BOARD OF THE COLLIER COUNTY WATER.SEWER DISTRlCf, its llLlCt'C$.;rmi 11Ild
auign~. GRANTEE.
WITNESSETH: 'fllal tll~ QrantOl for and in consideration or the ~um c>f foe" cJoll~r~ ($1 E}.GO)
and olner V~JUlLbtO <;on~Ederalion paid tly (}ralltce. ~elpt or which by is hereby <Icknow!c:dsed
by OnlJl(or, l1ereby (;OIlYoy~. grllnt5, lJilrplns and .serls unto Grantee. it5 'UCI;c.s,ors and ;.(.lj:signs,
5f!
Agenda Item No. 7G
July 26, 05
~ ptr]l'etua1. nog-CXdUslve e~scmCl1t, lic:flll~e, right ~l'Id privl1~ge to enler llpun :l11d 10 iI1Sl;\lI. Page 96 0 86
relocale. repair and/<Jr O1berwise m..jnl~in utiHly syuem(s) lUlU Ulilily fadli1ie~, :md/or
purw>n(s) tBi:roof. in, Ofl. over ..nu lJl'ldcr t~e follQlI'ing des_ribed lands lOCOlled ill Colli~r
COLUlty, Florida. lU Wkt:
!>ee ~t'acncd Exhihit "A." which i~ im:url'Or~l~ll bercifl by r<lfcrcncc.
TO HAVE AND TO HOLD ll1e same unto the r.ranlec. H~ sm:'-Ccssors mid/or .1~sb;:ns, tog~Cr.ef
with tll~ riglll .and privilege to enter upcn SJid l.llnd 10 exC3.v<lle. relocate and/or take ~l1dror
in(rodLl~e materials for the purpose of COllstl'1Jcting, operating. reloc.lIing, repoiring .and/or
ott'tcrwise mainlaining the subject lItility facili[LCS anti/or sysu;m(~) or ponioo(s) thereof. Ln. on,
ovo:r ~",jjor under Ikll.~ C~5CmCnl ..reil. (;r~mo' and Oranli::c arc used for :;;nl:\II,L1 or I'tur'll, '-1$lh"
~(>tIte.x.t allQW5,
IN WITr-.'ESS WHEREOF, ItlC Gr~n1or bilS ~a\J~~d these l'tCScllts to be exe.e\Jlcd Ihe d~LC and
year flrsl Jbovc w,ilt~ll.
[Wiwesses 31'1d ~igllalLlre blacK. see ln5[[\J<:tion No. >1
I Ackllowl~dgnlellt an.d rmt;Jry bkx:k. ~-C(; Inslmction [\[(1.41
Prepated by~ [n:un: Of~r~\)ll prcp;.lring [his inslnJl~f1tl
I Address of persoD ptcp,~ring tflis itlSlrlllJ)(:1l11
Fflrm l3 - Rev. 2004 [Utility ft'aclli1i.;:s Warrant)' llo:ed lnld Hill Df Sol.;:)
[Leave 3" bl!1nlt ~paC;i:: in upper righl Iland comer for recording purpos.csj.
I:TIUTY .'AC[LITl1::$ WA RRA Nl'Y llE-;[;;1) ANn BILL 0:1'" SALE
THIS IN'DENTURE m:lde this ~ day of
, 2[)_. be.:we<:1\
[NAme of c,r:l.Iltor - ,~erl: rns\[ll.ctioll ~o. 2] (hmci!'lafl<lr referred to as "c,r:ll1tor"l, and the
BOARD 01; COUN'I'Y COMMrSS10NERS Of COLLIER COlfNTY, FLORIDA. AS THE
GOVERNING BODY Or' COLLiER COUNTY AND A:) niB EX-OFFICIO GOVERNING
BOARD OF THE COLLlEK COIIKTY WATER-SEWER DISTRJCT. ils ~UCCCS~(lrs and
assigllS. (l1erelll~ncr referred to a~ "Oralllee").
WIT N E SSE TH~
That said Grarllor. for arid in conSLtleration of lhe sum of Ten Dolllln> ($l0.00\ 311d other good
:md valuJble cansideralLon to said Granlor ill hand paid by said Gr<lll1ee, the rc<,;cjpt whereof is
nereby adcnowledged, bas granted, barg.:lined and sold 10 .he said Grantee. ami Grlinlcc'~ neirs.
tuccessm& and auigns forever. aU (identify all lypeS of utility facilitie., bdnB convt!:}'ed by
inscrtillJ: "potable W<ller" lIndiOT "wasteW;Lle," and/or ~nort.polable water irrigatio~" and/or
-\lolablc irrigation wtlerjl.uilit)' fae.lities a.nd/or ~ysCo;rn~s) or pOrlion(s; lhr::reoflyirl!t in. on.
ovu and I.mlkr lbe followIDg dCiiKdbcd land.. for opc:nuiotl, nclOClltion, inSllIlllltion. repair and/or
ml.inti:DllnCe of ;said fllcilitic;s. ~yslem(i) or ponion(s) thereof. 1111 siluale ..nd tying alia bcil'lg ill
Collier O)lIl1ly, fJorida, to wit:
(See E:>Ihibit "A" atUlehed l1el'elO allQ incorpo...led by refererK;e herein.)
(:ell hi bit "B" aU<lC hed tJr::nctQ il> a ~kctch or {)ther ~ raphic repre5clltlll iOIl
tl1at Jepi.ct& the plly:>i~41IIQl;;&lioll Q[ tne utilily $y$~ln$ bcirll.: cQllveycu.)
57
-
Agenda Item No. 7G
July 26, 05
ilnd ~a;d Grantor does hcrchy full}' warrant tAC title 10 said lltilily f<lcililics tlnd/or systcm(s} or Page 97 0 86
portiOIl(s) ItJereof, be lACY rcillly. pcr~\.lll..lty, or mjl(.ed. and Or-lIltor will defend such lin/,;
againstllLl duims of all pfmr>n. whomsoever. For tAC purpo~es of lhis convcY:Hlce. the milir}'
fucililies, syslem(s) ~milor JXlrtion(s) IAcrcof col1vey!:d hen:ill snaIl nO[ be deemed to convu}'
any ofthc lands described in eilher exhibit. Grantor Qnd Grantee jlfe used for siJtgul~r or I,hmli.
<IS coru,-,xt allows. A SkClCh or other &rilpAic r1:pre~CIl\iltiol1 showinc lhe loc...ion of lll~ lllilily
faciljties, elC belng .:om'eyed is atlaCllCd as Exhibit n.
TO HA VI; AND TO HOLD the same unlo lhe Granlee and ill; assil:ns. tOj;cther wirh the riC1lt
10 er,~r llllCln said land, excavate, relocate and/or lake or inlroduce materials for IntJ purpose of
cnnslrllClil1g, relocating, oper.:lllllll, repairj~g al1<11or othet'\'.'ir>e mOljnl~if1i(lg lltillly sy,rems
Cher~M. n.''\ntm D.lll! (,rarllee .:Ire ll~ed tOt sirlgular or IJlur~l, a~ lllC (;orUe~1 rC(jLlin::s,
IN WIT~{;SS WHEREOF, GrJnlUr h~s caused thllsC rras,el'll~ to be ueClllcd lite O:ltc amI year
l'irst above wrincn.
[Witness and signalUrc black. see rlt~rrtJctiC'>l1 NI:J. 31
IAcl<r'lowlcJgm~1l1 'ImL llUl~r}' block. see InSlfuctio,\ N\!. 41
Prepared bj'; (name of persol'l preparing this ill~lrumt;nll
(Addles~ ('If persoll pn'![lJrillg 111j~ lmmlHlt:ml
Fonn 9. RC~'.2.004 (Final Allorney's Affidavit)
FlNAL ATTORNEY'S AFFIDAVIT
STATE OF
COUNTY OF
BERJRE ME. tAC undcrslgncd authority, per~()n.lllly on thi~ _ dllY of
20_. appeared (ArJilll'll). wl\o to me i~ ....1:11 known, ilnd
hav;l'\~ be!;'l sworn llmJ L'llo,lcr oath, d<;poscs ;lIld stales:
J. M)' name i~ I am Over the a.ge of twellty-oue (21)
years, am otl11lfwi~ ajj~rh, and have pcrsolllll knowledge of tne far;~5 ~or1laim:d Acrcin.
2. ! an) a Jicel1s<:d altomey, Ftorida Bar #
, alllhorized to practice law hI
Flurida lind am currently practlcing law ill the Stilte of Florida. My bus~lles:; iLddress is
My btl~lfie~~
telephone m.Hllbe r is
is
My bllsiness mailing addre~s
:l1'his Affidavit i$ given ~'l ;In inoucernenl to the BOlIrd of County Commiuioners of Collier
Counry, FJa,i<ill, .~ the OQve>rning Body of Collier County and oil' the EiI,.Offido Govcrnjllll
Board of rtJe CoWer COllnly W..t~r.Sewer Dislrict, tt;> ';:OOO\lCI & rmal utiHty illsp<<tiQn of
[identify l.)'pc of uhlity iYSle1M by insl!l'ling polJlQle wllte>r or wastewatet, I)( p~t..ble Wlllu alld
WUleWllerJ utilit)' s)'slem(s) or ponion(s) lllereof lo;;ll.lcd wjlhil'l Or upon the real property
descrioed in the atlnched Ellhibit "A", whiell is fDcorpOf<lted herein by rcrclren~c, .5aid land
being located in Corlier Cl)unty, Floria.. (If all of the s~lbject utility f~cmtje~ HI", h;m~ beeu
con~'eycd to rhe Count)' ale Jcx:aCl:cl ill pul>lj4.: ricln.of-WIlY, lAC Affidif'Vit can il1l;lutlc tn~
followini: statement: "All of lhe ~ubjC\:l ulility facilldes lI111t nllvc been o;;Ollvcylld ll:l lho County
58
Agenda Item No. 7G
July 26, 05
,Ire IOCal~d in J"L1\l1k right-of. way amI. ttll:reforc. roO Ilti!;f}' C;!i>\:mcntl> lm~c.: ~en CO,\\,i!)'l:tf 10 Page 98 0 86
the CounLy Wilh regard 10 solid milil.}' (~cilil'C~_1
4, The AffIant hDS e,,-amined record tille information ......i.h regan! 10 privl1Ldy oWIu:d r~ill
propocny where lh~:;(; uLility' fJ.;~lilies an: !(X;.'Ucu ~fl(l wilh regard [0 the CLlfrC!l! SI~LC ~f lh~ tillc
to ihe utility facilitics bcin~convc)'cd to tile COUllt;..
5. Tile n:Wrd l)Wm;r ()f lbe II,ilily >YM~m(.) or f'lmiun{sJ lhcrcof del>Clib~d Iler<::in i. Ihe 1)0:HU
ofeounty Commi~siollcrs uf Collier COlJnly. Floridil.ll~ the Gove[lling [joLly of Collier CnLl11ly
and ~~ lIHl EX-(J(fH:ic Gm'enul'lj; Ho~rd of the C0tlicr COllnty Walcr.Sc.:wef Dil>lric[ (herein.fter
"CouI'IlY"). The Cmlllty ,Ii:qllired its record interest by Jill~erl exact name of each inslrum~tlt]
r<:conled <II Of~cj.11 Recortls Book , at p~p.; I in3cf, C1ffki~1 n;cunJ book
and firsl p<!!;C orc..ch in_ItrLuncru wllere owncr JcqujrC'(llillc I [it' U LJliljty C;!SCmetll W;l~ ~Ib()
;l,qlliro::d (;ol1linue sentence and J(lLl: lO~cther wirh an appu,t..,"ilnt utility eascrnellt(~) l'l::cwdc...1
~l Offir.;i~! !lccords Book , page ] Public ReCI>rdt, Colli~r CClunLy. f.'lori.I.I,
6. Subsequent 10 thc time lhallhe Counl)' recorded its tnlerests in [he subjccllllility syslem{sj
or portiones) tllereof 4111(1, if applicable. ca~emel'll(S), ilS ~pccjfied in ])~ri.lgr;'ph 3. aoove, Jll)
iruCf€SI of the COUnl}' in the: subject lJtiH,y s}'stem(~) Of porttOrl(S) lhereoi' al'ld. if arplic,~bk:,
easemcnt. is encumbered of rc~ord by an)' document fired by or Oil bch<llf of lllc landowllel' [or
predecessor in I~lk to the underlyjng real estalc ill the Public R::(ofds (If COllier County,
Florida. and/or lIl~ Office o.frhc: Sccre[:lry of Stille.
1. Affiam fLJnbcr slates Ihal the information contained in tillS Affidavil is Irue, cOlTecl ami
CUlTent as of ltlC tlal<: of the record:tliOli ot' Ille recorded documents rcfuer\cnl h~rejl'l whiCh
conveyed or .cr~rllc<J the subje:Cl uli iit)' .)'~h:m(s) or pmtiO'lis) lllercn( and/or L;;l~cmcn[ illlcrC'sl~
10 tfle CUUnl)'.
FURTHER AFfIANT SA YETH NAlJGHT.
D^TED tIllS _'___ day of
.2(1_.
Affl:ant's Sign;llUrc
Afti~r1t'S Printed Name r[\fo ",ilnCS, Ilc&lctil.
lNomry blockl- SUBSCRIBED AND SWORN to befol'l: tliC this _day of
.20__ by (lAser! name of A.ffiilnl- [he individulll tOlkinr; thl: ualh).
who i.s person.J.lIy kn~wn _ O){ IlrodLlccd ldenlif~lllion __ Type of iden~ifi<;lLIiDn
produced
51
Notary P~lblic
M}' Commission E^pire~:
Notary Printed or Types Nllme (if not 0I1It~mp)
l'rcpar8d by: {flame of person preparinG lbi~ imtrumellt]
LAddres~ of pcrson preparing .his instm~nlJ
-END.
59
Agenda Item No. 17G
July 26, 2005
Page 99 of 286
APPENDIX F - PUBLIC FACILITIES ELEMENT (COMPREHENSIVE PLAN)
Agenda Item No. 17G
July 26, 2005
Page 100 of 286
COLLIER COUNTY
GROWTH MANAGEMENT PLAN
PUBLIC FACILITIES ELEMENT
Potable Water Sub-Element
Prepared for
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
Adopted October, 1997
AMENDMENTS TO COLLIER COUNTY GROWTH MANAGEMENT PLAN
PUBLIC FACiliTIES ELEMENT
Potable Water Sub-Element
Symbol
DATE AMENDED
October 28, 1997
October 22, 2002
February 11, 2003
June 19,2002
September 10, 2003
ORDINANCE NO.
Ordinance No, 97-57
Ordinance No. 02-54
Ordinance No. 03-07
***Ordinance No. 02-32
Ordinance No. 03-44
-
(I)
(II)
(III)
(IV)
*** The above Ordinance No. 2002-32 was adopted on June 19, 2002. However, due to legal
challenges, it did not become effective until the Florida Department of Community Affairs issued
its Final Order on July 22,2003.
- This is the EAR-based amendment, Due to the magnitude of the changes - which included
reformatting the entire Element, affecting every page of the Element - a Roman Numeral is not
assigned.
* Indicates adopted portions
Note: The support document was completely updated with the adoption of Ordinance
No. 2003-44. That update was prepared by Greeley and Hansen, Consultants to the Collier
County Public Utilities Engineering Dept. The support document will continue to be updated as
current information becomes available.
(IV) = Plan Amendment by Ordinance No. 2003-44 on September 10, 2003
V. GOALS. OBJECTIVES AND POLICIES
Agenda Item No. 17G
July 26, 2005
Page 101 of 286
GOAL 1: TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING ACCESS
TO ENVIRONMENTALLY SOUND, COST EFFECTIVE AND IMPLEMENTABLE POTABLE
WATER FACILITIES AND SERVICES,
(IV) OBJECTIVE 1.1:
The County will locate and develop potable water supply sources to meet the future needs of the
County owned and operated systems, said supply sources meeting the minimum Level of Service
Standards established by this Plan.
(IV) Policy 1.1.1:
Continue to expand the ASR (Aquifer Storage and Recovery) system as a potential emergency and
seasonal potable water source.
Policy 1.1.2:
Continue to implement a program for the protection of existing and potential potable water supply
sources.
(IV)Policy 1.1.3:
Identify sufficient quantities of water sources to meet the County's estimated growth-related needs.
(I) OBJECTIVE 1.2:
The County will implement the following pOlicies to make certain that public and private sector
potable water service utilities provide, repair and/or replace potable water supply, treatment and
distribution facilities to correct existing deficiencies in their respective service areas as may be
required to meet or exceed the Level of Service Standards established in this Plan. In addition,
public sector potable water service utilities will be expanded as necessary to provide for future
growth, as provided for in the following policies.
Policy 1.2,1:
Continue the development of a Collier County Regional Potable Water System consistent with the
Capital Improvement Element and Water Master Plan Update to correct existing deficiencies and
provide for future growth.
(1)(III)(IV)Policy 1.2,2:
Consistent with the urban growth policies of the Future Land Use Element of this Plan, provision of
central potable water service by the County is limited to the service areas shown in this Plan and
depicted on the Collier County Water District Boundaries map (Figure PW-1); the Existing and
Future Potable Water Service Areas map (Figure PW-2), which includes the Rural Transition Water
and Sewer District; within the Rural Transition Water and Sewer District - Mirasol map (Figure PW-
2.1); and, to areas where the County has legal commitments to provide facilities and services as of
the date of adoption of this Plan. Additionally, Towns, Villages, Hamlets, and Compact Rural
Developments within the Rural Lands Stewardship Area Overlay may be served by the County, at
the County's discretion; presently, the County has no plans to serve any portion of the Rural Lands
Stewardship Area Overlay. This Overlay is depicted on the countywide Future Land Use Map and
map series.
Within the Rural Lands Stewardship Area Overlay: Hamlets and those Compact Rural Developments
one hundred (100) acres or less in size may be served by central potable water
(IV) = Plan Amendment by Ordinance No. 2003-44 on September 10, 2003
pw- 23
Agenda Item No, 17G
July 26, 2005
Page 102 of 286
facilities; Towns, Villages, and those Compact Rural Developments greater than one hundred (100)
acres in size are required to be served by central potable water facilities; and, Compact Rural
Developments one hundred (100) acres or less in size may be required to be served by central
potable water facilities, depending upon the permitted uses within the Compact Rural Development.
These facilities may be provided by the private sector, an independent water authority, or some other
non-County utility provided.
For the purposes of this policy and policies 1.2.4, 1.5.1,and 1.5.3, within the Rural Lands
Stewardship Area Overlay, central potable water facilities includes decentralized community
treatment systems; and, innovative alternative water treatment systems such as decentralized
community treatment systems shall not be prohibited by this policy provided that they meet all
applicable regulatory criteria.
Policy 1.2.3:
By the time mandated for the adoption of land development regulations pursuant to Chapter
163.3202, F.S., including any amendments thereto, require to the extent ofthe County's authority
private sector potable water service utilities, establish and file with the County a statement of their
policy and criteria, consistent with the goals, objectives and policies of this Plan for the expansion,
replacement, and/or repair of their facilities to correct existing deficiencies and provide for future
growth within their respective service areas.
(I)(III)(IV) Policy 1.2.4:
Permit development of potable water supply systems as follows: within the Designated Urban Areas
of the Plan, including the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation
Island, and Port of the Islands; within the areas depicted on the Collier County Water District
Boundaries map (Figure PW-1); within the Existing and Future Potable Water Service Areas map
(Figure PW-2), which includes the Rural Transition Water and Sewer District; within the Rural
Transition Water and Sewer District - Mirasol map (Figure PW-2.1); in Sending Lands within the
Rural Fringe Mixed Use District when Density Blending, as provided for in the Density Rating System
of the Future Land Use Element, is utilized; in Towns, Villages, Hamlets and Compact Rural
Developments within the Rural Lands Stewardship Area Overlay; and, in areas where the County
has legal commitments to provide facilities and services as of the date of adoption of this Plan. For
lands within an area to receive County water service, but in which County water service is not
currently available, non-County potable water supply systems shall only be allowed on an interim
basis until County service is available.
(IV) Individual potable water supply wells may be permitted within the areas depicted on the Collier
County Water District Boundaries map (Figure PW-1) on an interim basis until County water service
is available; individual potable water supply wells may be permitted in all Urban designated areas
outside of the areas depicted on Figure PW-1 on an interim basis until a potable water supply
system is available; [individual potable water supply wells may be permitted in the Rural Transition
Water and Sewer District, depicted on the Existing and Future Potable Water Service Areas map
(Figure PW-2), on an interim basis until County water service is available; individual potable water
supply wells may be permitted in Sending Lands within the Rural Fringe Mixed Use District when
Density Blending, as provided for in the Density Rating System of the Future Land Use Element, is
utilized, on an interim basis until County water service is available]; and, individual potable water
supply wells may be permitted on lands outside of the Urban designated areas, outside of areas
depicted on Figure PW-1, and outside of Towns, Villages and those Compact Rural
(IV) = Plan Amendment by Ordinance No. 2003-44 on September 10, 2003
pw- 24
Agenda Item No. 17G
July 26, 2005
Page 103 of 286
Developments greater then one hundred (100) acres in size within the Rural Lands Stewardship
Area Overlay - all areas where potable water supply systems are not anticipated. However,
individual potable water supply wells mayor may not be permitted within Compact Rural
Developments one hundred (100) acres or less in size, depending upon the uses permitted within
the Compact Rural Development. Also, in Towns. Villages, and those Compact Rural Developments
greater than one hundred (100) acres in size, potable water supply wells are allowed to serve no
more than 100 acres, on an interim basis only, until central service is available.
[Text in brackets reflects merger of amendments to this policy by Ord. No. 2002-32 and 2002-54.]
(IV) Polley 1.2.5:
Continue enforcement of ordinances requiring connection of existing and new development to
central potable water systems when they become available. Connections to a central system shall
be made pursuant to Collier County Ordinance 01-73. adopted December 11. 2001.
(IV) Policy 1.2,6:
Where Community Development Districts, or other similar special districts are established to provide
a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier
County Water-Sewer District, water service shall be connected to the regional system, and internal
facilities shall be conveyed, when acceptable, to the Collier County Water-Sewer District for
operation and ownership in accordance with Collier County Ordinance 01-57, adopted October 23,
2001, or its latest revision, and District construction and operating policies.
OBJECTIVE 1.3:
By the time mandated for the adoption of land development regulations pursuant to Chapter
163.3202, F.S., including any amendments thereto. implement procedures to ensure that at the time
a development order is issued, potable water facility capacity that meets or exceeds the minimum
Level of Service Standards established herein is available or will be available to serve the
development under the guidelines established for concurrency in the Capital Improvement Element
of this Plan.
(IV) Policy 1.3.1:
The following Level of Service Standards are hereby adopted and shall be used as the basis for
determining the availability of facility capacity and the demand generated by a development:
(IV) Review of water usage data indicates the LOS standard for finished water should remain at 185
gpcd. Review of the historical ratio of residential to non-residential demand indicated that
approximately 17% of the total water usage is non-residential. Thus the residential demand is 154
gcpd and the total finished water demand is 185 gpcd,
(IV) = Plan Amendment by Ordinance No. 2003-44 on September 10, 2003
pw- 25
Agenda Item No. 17G
July 26, 2005
Page 104 of 286
LEVEL OF SERVICE
FACILITY/SERVICE AREA
(IV) COLLIER COUNTY FACILITIES
County Water and Sewer District
Goodland Water District
LEVEL OF SERVICE
STANDARD
185 gpcd
185 gpcd
(IV) Marco Island Water District
Unincorporated Service Area (Marco Shores)
185 gpcd
(IV) CITY OF NAPLES FACILITIES
Unincorporated Service Area
(IV) EVERGLADES CITY FACILITIES
Unincorporated Service Area
185 gpcd
185 gpcd
INDEPENDENT DISTRICTS/PRIVATE SECTOR SYSTEMS
The standard hereby adopted is the following "wastewater" flow design standards, unless otherwise
approved by the Board of County Commissioners to address economic, social and construction
method variations between individual systems. (Source: Chapter 10D-6, Florida Administrative
Code)
TYPE OF
ESTABLISHMENT
Commercial
Airports
a. per passenger
b. add per employee
Barber and Beauty Shops (per chair)
Bowling Alleys (toilet wastes only per lane)
Country Club
a. per resident member
b. per member present
c. per employee
Dentist Offices
a. per wet chair
b. per non-wet chair
GALLONS PER
DAY (GPO)
5
20
100
100
100
25
20
200
50
Doctors Offices (per doctor)
250
Factories, exclusive of industrial wastes (gallons per person per shift)
a. no showers provided
b. showers provided
20
35
Food Service Operations
a. Ordinary Restaurant (per seat)
b. 24 hour Restaurant (per seat)
c. Single Service articles only (per person)
d. Bar and Cocktail Lounge (per person)
e. Drive-in Restaurant (per car space)
f. Carry Out only
i. per 100 square feet of floor space
ii. add per employee
g. Institutions (per meal)
50
75
25
30
50
50
20
5
(IV) = Plan Amendment by Ordinance No. 2003-44 on September 10, 2003
pw- 26
Hotels and Motels
a. Regular (per room) 150
b. Resort Hotels, Camps, Cottages (per person) 75
c. add for establishments with self service laundry facilities (per machine) 400
Agenda Item No. 17G
July 26, 2005
Page 105 of 286
Office Building (per employee per 8 hour shift) 20
Service Stations (per water closet and per urinal) 250
Shopping Centers without food or laundry (per square foot of floor space) 0.1
Stadiums, Race Tracks, Ball Parks (per seat) 5
Stores per square foot of floor space 0.1
Swimming and Bathing Facilities, public (per person) 10
Theaters
a. indoor, Auditoriums (per seat) 5
b. Outdoor, Drive-ins (per space) 10
Trailer/Mobile Home Park (per trailer space) 200
Travel Trailer/Recreational Vehicle Park
a. Travel Trailer (overnight), without water and sewer hookup (per trailer space) 75
b. Travel Trailer (overnight), with water and sewer hook-ups (per trailer space). 100
INSTITUTIONAL
Churches (per seat)
Hospitals (per bed) (does not include kitchen wastewater flows)
3
20
Nursing, Rest Homes (per bed) (does not include kitchen
wastewater flows)
100
Parks, Public Picnic
a. with toilets only (per person)
b. with bathhouse, showers and toilets (per person)
5
10
Public Institutions other than Schools & Hospitals (per person)
100
Schools (per student)
a. day-type
b. add for showers
c. add for cafeteria
d. add for day school workers
e. boarding-type
15
5
5
15
75
Work/Construction Camps Semi-permanent (per worker)
50
RESIDENTIAL
Residences
pw- 21
Agenda Item No. 17G
July 26, 2005
Page 106 of 286
a. Single or multiple family (per dwelling unit)
1 bedroom and 600 square feet or less heated or cooled area bedrooms 150
and 601 - 1000 square feet heated or cooled area 300
3 bedrooms and 1001 - 2000 square feet heated or cooled area 450
4 or more bedrooms and more than 2000 square feet heated or cooled area 600
b. Other (per occupant) 75
FOOTNOTES:
1. For food service operations, kitchen wastewater flows shall normally be calculated as sixty-six'
percent (66%) of the total establishment wastewater flow.
2. Systems serving high volume establishments. such as fast food restaurants and service stations
located near interstate type highways, require special sizing considerations due to above
average sewage volume expected from restroom facilities.
Policy 1.3.2:
In order to ensure these Level of Service Standards are maintained, methodologies for determining
available capacity and demand shall incorporate appropriate peak demand coefficients for each
facility and for the type of development proposed.
Policy 1.3.3:
These Level of Service Standards are the minimum criteria for replacement, expansion or increase
in capacity of potable water supply facilities.
Policy 1,3,4:
Annually review historical potable water demand records and adjust these Level of Service
Standards if so indicated by said annual review.
OBJECTIVE 1.4:
The County will continue to promote conservation of potable water supplies by developing and
implementing an integrated, comprehensive conservation strategy which will identify specific
consumption per capita goals.
Policy 1,4.1 :
Negotiate agreements with area golf courses to accept and use treated wastewater effluent for
irrigation when and where same is available from existing and future wastewater treatment plants.
Policy 1.4,2:
Continue to connect existing and future publicly owned lands suitable for irrigation with treated
wastewater effluent, such as government building grounds, parks, and highway medians when
economically feasible.
Policy 1.4.3:
Continue to connect existing and future privately owned lands suitable for irrigation with treated
wastewater effluent, such as cemeteries, nurseries and commercial/industrial parks when
economically feasible.
(IV) Policy 1.4.4:
Promote the use of xeriscape techniques (drought resistant landscaping) to minimize potable water
use for landscaping irrigation, as described in Division 2.4 of the Collier County Land Development
Code.
(IV) = Plan Amendment by Ordinance No. 2003-44 on September 10, 2003
pw- 28
,IV) Policy 1.4.5:
Promote and enforce the Water Irrigation Ordinance for Collier County, Ordinance 02-17, adopted
April 9, 2002, to reduce potable water use for irrigation.
Agenda Item No. 17G
July 26, 2005
Page 107 of 286
Policy 1,4.6:
At such time as excess effluent is available, permit construction and connection of dual water
systems to the County's effluent transmission system (i.e., separate potable water and treated
wastewater effluent) in new subdivisions when the construction and or connection of a dual water
system will not negatively impact the potable water systems regulatory compliance or operation.
(IV) Policy 1.4.7 Deleted
OBJECTIVE 1.5:
The County will discourage urban sprawl and the proliferation of private sector potable water service
suppliers in an effort to maximize the use of existing public facilities through the development order
approval process by implementing the following policies.
(1)(II){III(IV)Policy 1.5.1:
Discourage urban sprawl by permitting universal availability of central potable water systems only: in
the Designated Urban Area, in Receiving and certain Neutral Lands within the Rural Fringe Mixed
Use District, in the Designated Urban-Rural Fringe Transition Zone Overlay, and in the Rural
Settlement District, all of which are depicted on the Future Land Use Map, and in Towns, Villages,
Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay.
These areas are further identified as: within the Collier County Water District Boundaries on Figure
PW-1 of the Potable Water Sub-element, except the outlying urban areas of Immokalee, Copeland,
Chokoloskee, Plantation Island, and Port of the Islands; or within the Rural Transition Water and
Sewer District Boundaries on Figure PW-2 of the Potable Water Sub-element; or in Sending Lands
within the Rural Fringe Mixed Use District when Density Blending, as provided for in the Density
Rating System of the Future Land Use Element, is utilized; within the Rural Lands Stewardship Area
Overlay, as each Town, Village, Hamlet, and Compact Rural Development is designated; and, in
areas where the County has legal commitments to provide facilities and service outside the Urban
Area as ofthe date of adoption ofthis Plan.
Within Section 15 (Township 48 South, Range 26 East) of the approved Mirasol PUD, which is
designated Neutral, central potable water systems may be permitted. This area is depicted on the
Rural Transition Water and Sewer District-Mirasol map (Figure PW-2.1).
(IV) Policy 1.5.2:
The County will discourage urban sprawl and the proliferation of private sector and/or package
potable water treatment systems through the development order approval process to ensure
maximum utilization of the existing and planned public facilities, No existing private sector or potable
water treatment systems will be permitted to add customers unless all Levels of Service Standards
are met, and operations are in conformance with all FDEP permits.
(IV) = Plan Amendment by Ordinance No. 2003-44 on September 10, 2003
pw- 29
Agenda Item No. 17G
July 26, 2005
Page 108 of 286
(I) Policy 1.5.3:
As provided for in the Rural Lands Stewardship Area Overlay, and in Policies 1.2.2 and 1.2.4, central
potable water systems are permitted in Towns, Villages, Hamlets, and Compact Rural
Developments. Though not anticipated, it is possible that central potable water system distribution
lines may extend through lands not designated as a Town, Village, Hamlet or Compact Rural
Development; no properties designated other than as a Town, Village, Hamlet or Compact Rural
Development is permitted to connect to these distribution lines.
(1II)(1V)Policy 1.5,4
[Adopted as Policy 1.5.3 but re-numbered since the above Policy 1.5.3 became effective first]
(IV) Under criteria, projects may be eligible for central potable water service from Collier County Utilities,
or a private sector/independent district, within the Rural Transition Water and Sewer District,
depicted on the Existing and Future Potable Water Service Areas map (Figure PW-2) of the Potable
Water Sub-element, subject to availability. Qualifying criteria will be limited to the requirements and
incentives established in the Future Land Use and the Conservation and Coastal Management
Elements of the Plan to obtain preservation standards established for environmentally sensitive
lands in the Sending Areas of the Rural Fringe Mixed Use District. Criteria for potable water service
eligibility may include, but are not limited to, plans for development which utilize creative planning
techniques such as clustering, density blending, rural villages, and TORs from identified
environmentally sensitive areas. Criteria for eligibility may be amended and additional Sending and
Receiving Lands may be designated in the future. Central Potable Water distribution lines, within
the Rural Transition Water and Sewer District, may extend through Sending Lands; however, no
properties designated as Sending Lands may connect to the distribution lines.
(IV) = Plan Amendment by Ordinance No. 2003-44 on September 10, 2003
pw- 30
t
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Agenda Item No, 17G
July 26, 2005
Page 109 of 286
~
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;;
II
(IV) = Plan Amendment by Ordinance No. 2003-44 on September 10,2003
=
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(IV) = Plan Amendment by Ordinance No. 2003-44 on September 10, 2003
pw- 32
Agenda Item No. 17G
July 26, 2005
Page 110 of 286
"
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RURAL TRANSITION
WATER & SEWER
DISTRICT - MIRASOL
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(IV) = Plan Amendment by Ordinance No, 2003-44 on September 10, 2003
pw- 33
Agenda Itern No, 17G
July 26, 2005
Page 111 of 286
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TRANSMISSION FACILlllES
...~y .....a M..N..... _
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(IV) = Plan Amendment by Ordinance No. 2003-44 on September 10, 2003
pw- 34
Agenda Item No. 17G
July 26, 2005
PGge 112 of 286
"
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Agenda Item No. 17G
July 26, 2005
Page 113 of 286
tAlll.E ow..
CAPITAl.. IMl'AoVllllIl'lT P9o.1ECr& FY 2OGW\l2~
PIIO.H!CT IlE&CIIlI"I'IONS
WATER TREATMENT, 'IltAN1IMI88ION AltD lII&Tll111Ul1OH
Gt""'""...........lU'
~-
FomdIT_ PIVjoct -teet ....... --
(A) No,
ex_nW.lIIr4H liIn>Wlh kt_ p...-
~.w.t~""10111~*MCIiOnOl~rw*~PIoi~ and_OI.
411IGD 70040 CllyICounly 1nI.'O<Xlneot ~":""'eo:~~=:."::.."';:=..--"''''''''-''
411IGD 70052 "'.."..... S1alIon Pu"" Upgrado __....__...._.....w___...__
IOrr.e4n~.
N.w 8-t.lGO RO e~ al: 12.MGO Ilrnt aofteq SCRWTP. M 1yS1ltm.IiUnge In. 12 "*'"
4111GO 70054 SCRWTP 5 MOO RO Plant...... 12MGD EJcpal\SioI1 "'f{~"" tln(1 :pump.. 2 deIp~...., .............,.,., SCAD"'~, o..M
~wa:=~.,..,-.~~II1d~.,.~ Mfl'Iwl_boI
41tIGO 70075 NCRWTP 3 Addftiol\a' BraekJs" Water Weill AridI\fMNWA.O, __
ImmolaIlito RaG EaIll35' WTlol -,.Doo9'o...,-......:w-_lllonO__I.."'01l"'..~
411160 70093 :.':.:.=.:='~:"...~=._2.....n_...
41l/GO 70096 W.ler Moll" I'l'" '''~.. ~ Updtr..d Wtw.....',..
411100 70097 SCRWTP 12 MGO RO~W;"'.lon DrM.Iaft.WJd~tM' '2>MCIO,.,.,..OIml)IilI:~IItSCMWfp
4"100 7009a _ Mo^=mont PIen \.JpdabI...., ~<lf QtI:l'WIh MINOMWIt PIlllI'l ftfINCNti1illl*ftll.
411100 70140 Eas, ConI"" WTM DrMb'IIIl'Id CIlMIUC:tIM 01 EIt' CMtIl...., ~ I'ftU\
411100 70150 VO"""rblllleac" Rood 1'...... W.lll' Main IlMiDn and oIrwtl\lctlOnd. DIII'ahIWlIter ~"*'fft:Im~ AoIIdI tel CRt6'
111/G0 10151 CR 951 WTM.o.Ms BlYd 10 RoUletn.tk.~_ DoolgtIII1d_"'.W......__......01l106' ,....DI-tOo_.....
- "*""- ,....
411/G0 70152 CR 951 WTM.Il<lttIe...._. Hammook to US ., ~WK1~~lonof.2-4*."...~~IIOnOCRK1 fromR~HIft'ImOt'Iri
_..US"
411/G0 70153 US 41 W'Tllol- Soot!l from CR96, o.u...and ctlnSIn.don of a ,~....,.,rnahalMnUS.1.ramCA "11o~JtoN
411100 70154 I.eIlCt ,,",,_lor NERWTP IOra_ TIHl T-'-.... -, W1'P - ......
411!GO 7Q1515 I.eIlCt Aoquitl_ for SERWTP --__..____S__...-WTI'.
41l/G0 7015ll Van<letbll1 0rMI _, PS ~ond CGnol_,..V_Dfhoo_I'S
.'1!GO 70157 Mo_ Rotld PDIllble Weier "SR WellS Oeiakln.-Kt ClllAIWCIOn OItxp&nliOn<<" ASA ~ 411_"""" AoIcl Me:,
411!GO 70852 VS 41 WM. t.lenat..lo 80""" Soot!l ~ ~..... mPllDvt us ., from ..,...IIQ IIkMa $oI.llt\.
41 "GO 7OS8S UvlngstOn RaG W8W Moln from Pine RIdqo RaG to C<noInloI. ,.. -lllonOlM\galOtI__...... __,.v___""""""",
V_h_Aoad ---
411!GO 708&1 Uvlngslon lmmol<al_V.ndoobllt =:.z ~ ~ RoMII'CJttl-V4MM*8Md\ROIIdtc IIM1OU"RDlMI~
411!GO 708ll2 SCAMP 2Ot.IG0 ~""'nolon Well E...molll SlUdv ,UIUfto..... $1urt.t an&i...",.". _aMli.lOn
41 flGO 0??oo FlomoIlI 01'_._' and COt'IItftIetion (It...... ~ booItJ( NtIont.
_We......11 PieIOcta
41l/GO W5 v_n OrI1/8 WOte, Boos.., SllIUon DaId'Ii _ cone:ttUCt tllIW 'llI'It"DOO4t...~ IlIftOr\.
411/GO W13 NERWTP ._. "'1grI,,",,-'" _30.wt~ ~..,' mgd'''_''IofInGOrInlIo
t""",.1tId ..~MhInti11.....~bArNI Atnlta
41 ,/GO W1. SEIlWTP S_._,,",,_"'_3,OmgdWTP1_"U_"___
euatamlNa It1 SOIAh.,.. and AilN 0..
41\100 WI7 A._nako Hammook 8'Nt< d. DMIDtIo.moonltt1,;ef..zt,.W.........CR.&1101J$..11klno~~Rd.
411100 M9 New W_ll1Udvlor Pr -.........-....-----
411100 W30 New W._ SlUdv!or Pr- SERWTP Iv.... pottMII MhtcI iocJIliON '"'..... DMMIIna IIIYM
411/60 W31 Lond .......'llon !or NeRWTP W.I"'8IO Pur__.......AWTP_'__......
411100 W32 l.enci '';;;;''dllon for SERWTP W.I<fi.1d """"""'_....eFlWll'_I--..__
E.;otIna We.... 412 IR.new.,.ncIReol.........,1l _.
41 M'l.A&E 1D027 Clsan "'"!at Acf ~ SludV =~~':=~=-~~."""~.-ld
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41?JR,A&€ 70028 GoodlOlIo Rd Wa"" ""'In :::""~IOO':':t:,"u-:u'" -'~_Il""_"''''''''' "'"
c,..... _ of i)'llefTl mtPI for'" WIMf."o w...... OIpta,fo I)f..-.ct lot ~t-lOfl 01 ..
41?JR,A41O 70033 W.IOt SVS1Alm MlIpjoiflg ::'~=":..":==.""""UED_"_tor.....__oI
~Iundklt ~ oIWIl.,....lDfFDQT ~................ us 41 'toO LM
.'?JR,R&E 70045 FOOT Joint Projacl CounI\'lJnI;._""'''___~__"""CR",_"",
_ fClOT _.
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4121R,A4E 70047 _'" 20"112" Wa.., MIlln US 41 -..""".___.,__,..... __10_""_
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CD\IfI'_~'IlJ'OIk..
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.'2/Fl,RII! 70048 RoJoc:a'" 12" W.,., Main US41 eorm.eklf a qqulred .tdtbonl.l wurtc. by JdiIlkmW 'tfWM. AddlIon6I~."";rMi eo.- ~
c_. ThI-"....CounI'I_....._-....._tlVFlIOt...._to
.cowl ltlIt~lIlI'Oftl,
41M'l.A&1! 70053 County Barn Rood Wa1et Moit1 R.Ioc:.lll ~~Rd.Io~tuvcI,.~i1I....linIUrlIIOf~"a.t1IAd,~. Ad
~,*fV2007.
4,:l/A,R&E 70057 "".,,"" Rohobllllallon A.ntbliMlt ~ oompotliIntf 011 thI NC:ffWTP, SCf'IWTlt,......,. WId ,..... ......,
I."
(IV) = Plan Amendment by Ordinance No" 2003-44 on September 10, 2003
pw- 35
Agenda Item No, 17G
July 26, 2005
Page 114 of 286
lULl PW4I
FvncVI'ype Projool Pn>jooet N.... -,....
lAl No.
lor" ~_ ~,tIwtt Ift;~....ein ~ DIIib'IJuIion Sysin...,...... NIe
412/R,R&E 10058 Dlslribullorl SjOtOn1 Fla_l1o_ flow. '*..... _10" W. ~ u.,.,... M theM........ Thlt ~.. (.OM(t ~
~,_.....,,...,...... numbtr~ ~,.....ln the Sys4Ilfn tNlI...... ~
~ 1M W_ Dtsb1t:U\ll,VI WIIfIIt10uM tram....,.,.., ~ TM pr...-....
catIat1\JdIId..~~I&eRitytohOl.MlmM!'\'dflol15~. TMc:unwllstlttl6oow~
.,2/R,Fl&E 10059 Public UU"li<>. Operatiofu; Cantar "'h~_"" 60__"'_"'_ ..-.oIy....-..
~w\tt!uw~~. ",.tdty....hOl.-.IheW..,~FaeiIIy.
Will., ~ration.,.., P1.dc: Wot'UACIFrlit'Utt.cI.
4'2IR.R&E 10063 NCWTP NoJse AIletllmenl ~~::':=I~~dno!H~.~~"lncloM~1oltwplu1l'"
4121R.R&E 70065 NCWTI' 1oA_ & Cerl"" Chlor... G.u Conversion = ~~ CNorW\e OU ftdIdM AI". NCA'NT? ......... AO<<l TtnI ~c.ttuJ.,. to
l~tMtbIty 04 00 w....~ D't acJdtr'O Ii 1>>dIWO....1O ......,. 21........Md ~
4121R,R&E 70066 _ Gate Wet_imp_amen' =;;':~~.='='IO,,:~*:*~..,....to1MZ1~
. 121R,Fl&E 70061 Gelden Gala Blvd 10' Wa18r Main AIIk:aIe 10"'waa.rmlln,," GQ&deIna.a.8IYt:I. ffQft'l~-propoMd~,
4121R.R&E 70069 Upgrade NCWTP E.-gancy Poww OIsUlbution r.-~~tMd MClI~\ClOMOMtoMOwU~opttttaol'lffOfrllWO.ldIItiftG
_...- - .....;.;...,...... .
4121R,R&E 10011 CCOOT Ulilllv_
4121R.R&E 70014 Port"'u _ WallO_tim_it =~~-::..-==::-",.::.._--
4121R,R&E 70075 NCRWTP Bradd"" Sunnlv Wilier Wall' o.icII\itl'ld~CI ,..tnt:tdIh.....~WIiIIlIor..~
412IR R&E 10076 "'uIO _ _lt1&IIlll1kH1 _01_"'___'_
412/R R&E 10078 -......--,. -...................--.
412/R.R&1: 70090 Nasta< PS Fuel """-- Add~1ot 10ctt,s fOII.-" fWW'tIiraW~PUmO..-on
4121R.R&E 70094 NCRWTP lmDlO\I_ DooIaII"''''-''' ,......_"...NCRWTP
412/R,R&E 10095 :!003 F_ Rahablilallon ~variouIl~oIU.NCRWTP. $CRWTP, .....~~ttlI:IiDl'a.
4121R,R&E 7OO9ll 2003 DiOl1lb<rtlon SyaleIrI Rahabltitatlofl .............. _,_...___....~___18...
flow \s not WII&bIII GM 10 1M .. d 1M maN.... e.......... 1hIt ~"'O(ln'tol;t 1tlOM
df~.......~..,.,...,OI ddtor mMrt in 1M S)tmm.......... bitI:lOtN
4121R.R&E 70100 NCRWTP A5I\ c-.a,sJon NCRWTP~~n
412IR.R&E 70124 Watar OlOlribLltlon rolamaUv ~~wntiOaM
4121R,R&E 10121 Covsla!llll<a FY ~ ~.MdII.ctOUlng:
412/R,R&E 70129 Standatdt l,.IpdIJ4fOoL8ll)'~etltldAtda
412/R.R&E 10158 EW~ -"""fMfll Pr"""'''' ~OM_--~to~.'jlI'fMftIWllblily'.
412/R,FI&E 70110 __...... "Mon_ ~~..,.,,.,.,tbI--'t"""'"
412JR,R&E 70202 _ 2OCI31Jpd1. to l"".-nuNvutMy"""
4121R,R&E 70300 Imrnol<. Rd.-\JS41.115 Raio<:ala ~""CO'IIttUCCm1Clf'~Of.llIIIInO""""*,,~I~.roMlrQl'l'\us.41 to I'll
412JR,R&E 70301 Y8A . AirporllCR951 Fl.io<:ata 0M01gn'" ~ tal rMacdoro d.-cirtg.... mIIn CI'\ v....... BMc:l\ ANd h'om Allport
AoldllD~M'
412/R,R&E 70302 CR851 . GGP to 1n1mOi<. Ad, _'" ~~=NClIon tQf ttklCa1IOn of...-no WIIlIf"" on CP.lit51 h"l:lm GoldInG... ~10
412/R,R&E 70303 _ Gal. Pall<Way . AIrpoI1 Ad, 10 SBe ","""'19 ~.-td~lortMlCdonor.~"*~Ol'l~a.."IftlWay~.AIrJlOr'Rdto
---
412JR,FI&E 70306 Ralllasnaka Hammock Ad, . PollY to CR951 ,aloea'" .-.
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pw- 36
Agenda Item No. 17G
July 26, 2005
Page 115 of 286
APPENDIX G - INTERGOVERNMENTAL SERVICE DELIVERY AGREEMENT
COMMUNTIYDEVELOPMENT
AND ENVIRONMENTAL SERVICES
Office of the Administrator
2800 N. Horseshoe Drive · Naples, Florida 34104 - 239-403-2385- FAX 239-403-2395
Agenda Item No. 17G
July 26, 2005
Page 116 of 286
August 23, 2004
Mr. Walker Banning
Florida Department of Community Affairs
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
RE: The Collier County Intergovernmental Service Delivery Agreement Report, as per
Chapter 2002-296, Laws of Florida, and Sections 163.3177(6)(h) 6., 7., and 8.,
Florida Statutes
Dear Mr. Banning:
Enclosed, please find Collier County's required Intergovernmental Service Delivery
Agreement Report. This report fulfills the County's requirements under Chapter 2002-
296, Laws of Florida, and Sections 163.3177(6)(h) 6., 7., And 8., Florida Statutes.
Should you have questions or comments regarding the report, please contact either Glenn
Heath (239-403-2323) or Darren Murphy (239-213-2950), of the Collier County
Comprehensive Planning Department.
Sincerely,
Enclosure
cc: Mr. David Y. Burr, AICP, Executive Director, Southwest Florida Regional
Planning Council
:Mr. James Mudd, P.E., County Manager, Collier County
Mr. James DeLony, P.E., Administrator, Collier County Utilities
Mr. Norman Feder, AICP Transportation Administrator
Ms. Marla Ramsey, Interim Public Services Administrator
Mr. Stan Litsinger, AICP, Comprehensive Planning Director
Mr. Donald Scott, AICP, Director of Transportation Planning
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Agenda Item No. 17G
July 26, 2005
Page 117 of 286
Mr. D.E. 'Bleu' Wallace, Director of CDES Operations
Mr. Dan Summers, Emergency Management Director
Mr. Paul O'Connor, AICP, Lee County Planning Director
Ms. Barbara Barnes-Buchanan, AICP, Assistant City Manager, City of Bonita
Springs
Ms. Amanda Townsend, Operations Coordinator, Collier County Parks &
Recreation
Mr. Jerry Kurtz, Principal Project Manager, Road Maintenance Department
Ms, Ann Marie Saylor, Operations Analyst, Collier County Public Utilities
Mr. Chuck Mohlke, Fraser & Mohlke Associates, Incorporated
Ms. Dottie Smallwood, City Clerk, City of Everglades
Mr. K. Greg Niles, AICP, Community Development Director, City of Marco
Island
Ms. Susan Golden, AICP, Planning Department, City of Naples
Ms. Amy Taylor, AICP, District School Board of Collier County
Mr. Glenn E. Heath, AICP, Principal Planner, Comprehensive Planning Dept.
Mr. Darren Murphy, Planner, Comprehensive Planning Dept.
Agenda Item No. 17G
July 26, 2005
Page 118 of 286
c::.o~.,... c::.ou:n:cy
- -
Collier County
Interlocal Service-Delivery Agreement Report
In Compliance with Chapter 2002-296, Laws of Florida, and Sections 163.3177(6)(h)
6.,7., And 8., Florida Statutes
Collier County Board of County Commissioners
Community Development and Environmental Services Division
Comprehensive Planning Department
August 2004
Agenda Item No. 17G
July 26, 2005
Page 119 of 286
1. Back2round & Statutory Reauirements
In 1996, the Florida Legislature created The Commission on Local Government ll. The 21-
member Commission was created for the express purpose of suggesting statutory and
constitutional changes concerning the powers, financing and service delivery ..capacity of local
governments within the State of Florida. The Commission's Report, published in January of
1998, concluded that there was an approaching crisis in local government, caused by the conflict
between a rising demand for public services and the limited ability of local governments to
provide such services.
The Commission cited a number of issues regarding the nature of the State governmental system
that make it difficult for local governments to resolve the conflict between increasing demand for
services and limited means. With regard to this report, the primary issue had to do with the State
taxation system and its relationship to local government service capacity.
Florida's taxation system has been designed primarily to tax tourists and seasonal residents.
Limits to the taxation of permanent Florida residents (as cited by the Commission) include
reduced property taxes for agricultural uses, the Homestead Exemption, and a sales tax that is
restricted solely to commodities (as opposed to services), Under these limits, local revenues
from taxes do not keep pace with the demand for services.
Furthermore, the State Government; faced with its own budgetary shortfalls; has gradually
shifted burdens to local governments, in the form of unfounded mandates. To make up the
financial gap thus created, local governments have increasingly turned to non-tax revenue
sources, such as service fees, special assessments, special districts, and municipal service taxing
or benefit units (MSTUs and MSBUs). In many instances these provisions have resulted in
increased governmental complexity, duplication of services, reductions to service delivery
capacity, and higher costs. All of these factors tend to alienate taxpayers and create public
confusion as to service responsibility.
AB a result of the Commission's deliberations and report, the Legislature passed Chapter 2002-
296, Laws of Florida. The Law created Sections 163.3177(6)(h) 6., 7" and 8" Florida Statutes.
These Sections require all counties having a population of greater than 100,000, and the
municipalities and special districts within those counties, to prepare a report that identifies all
existing or proposed interlocal service-delivery agreements regarding the following eight
community service areas:
Education
Sanitary sewer
Public safety
SoUd waste
Drainage
Potable water
Parks and recreation
Transportation facilities
The Report must identify capital or operational duplications in services or service deficits in the
respective counties, including the incorporated municipalities therein. In Collier County there
Page 1 of 69
Agenda Item No. 17G
July 26, 2005
Page 120 of 286
are three municipalities: the City of Everglades (or Everglades City), the City of Marco Island,
and the City of Naples. This report is intended to address both County and Municipal
requirements relative to Interlocal Service Delivery Agreements. County staff has worked
closely with the staffs of the three municipalities in the preparation of this report.
2. Guidelines
In preparing this report, County staff was cognizant of the three primary report guidelines, as
delineated by the Statutes. These are as follows:
1. The Report should provide an inventory of the service providers in Collier County and
existing and proposed agreements related to the eight service areas listed in the statute.
2. The Report should identify unnecessary duplication and gaps/deficits in the existing
service delivery arrangements.
3. The Report should describe possible options to remedy the identified inefficiencies in the
delivery of public services (as recommended amendments to County and Municipal
Intergovernmental Coordination Elements).
3. Master List of Service Providers
Using Board of County Commissioners meeting records, Special District information, public
facility reports, and information specific to various County and Municipal agencies, County staff
has created a Countywide "Master List of Service Providers." This information can be found in
Table I, "Master List of Service Providers." Each entry in the Table provides the name of the
Service Provider, a brief description of the service or services that they provide, and the "service
area" (the eight services analyzed by the report) that the provider represents.
4. Existine Service Delivery Arraneements
This report analyzes, through the medium of existing Interlocal Service Agreements, the delivery
of eight public services, or service areas, to the citizens of Collier County, the City of Naples, the
City of Marco Island, and the City of Everglades. For each of the eight (8) services required by
Sections 163.3177(6)(h) 6., 7" and 8., Florida Statutes, the report provides a definition of the
service, as defined by the Statutes, identification of primary and secondary providers of the
service, as well as any identified problems or unique aspects of the service provision, Table 2
contains the "Master List of Existing Interlocal Agreements." The various appendices to this
report contain jurisdictional maps of the various service providers, as applicable and as provided
to County staff.
The eight services analyzed within this report are as follows:
1. Education (ED)
2, Sanitary Sewer (SS)
3. Public Safety (PS)
4. Solid Waste (SW)
5. Drainage (DR)
Page 2 of 69
Agenda Item No. 17G
July 26, 2005
Page 121 of 286
6. Potable Water (PW)
7, Parks and Recreation (PR)
8, Transportation Facilities (TR)
The abbreviations refer to identifiers used in Tables 1 and 2.
a. Education (ED)
Report DefInition
For the purposes of this report, education includes the provision of public schools (Grades K-
_ 12), adult education, and vocational training, but does not include charter schools or private
educational activities.
Primary Provider
The District School Board of Collier County.
Secondary Providers
· Collier County Parks and Recreation Department has an interlocal agreement with the
School District for use of school campuses for recreational programs. The Department
also provides meals for its programs held on school grounds by coordinating with the
School District through invoices for all food and supplies received by Sponsors.
· Collier County Community Development and Environmental Services Division
coordinates school site and building reviews through the building permit and
development approval process.
· Collier County Transportation Services Division coordinates with the District School
Board of Collier County through buying entities issuing their own purchase orders under
contract and processing invoices in accordance with its own payment procedures.
Identified Problems/Unique Aspects
In addition to providing educational services to Collier County residents, the District School
Board of Collier County also provides educational services to students from the Seminole Indian
Reservation.
Identified Duplication of Services
There are no identified duplications of educational services.
.-,-.
Page 3 of 69
Agenda Item No, 17G
July 26, 2005
Page 122 of 286
Identified Service-Delivery Deficits
There are no identified deficits regarding the delivery of educational services. Public education
is available to all school-age residents within Collier County.
b. Sanitarv Sewer (SS)
Report Defmition
For the purposes of this report, Sanitary Sewer Service includes all public or private wastewater
treatment systems to an adopted level of service standard and concurrency requirements.
Public Sector Providers
Collier County Water-Sewer District, Marco Island Water & Sewer Service Areas, City of
Naples Public Works Department, and Everglades City Public Works
The Collier County Water-Sewer District
The Collier County Water-Sewer District (CCWSD) encompasses approximately:!:226 square
miles. This area is bounded on the north by Lee County, on the south by the Marco Island
Service Area, on the west by the City of Naples Service Area and the Gulf of Mexico, and on the
east by the Urban Planning Designation. The CCWSD was approved by referendum in 1969 and
validated by the State Legislature in 1978 by Special Act, Chapter 78-489, and Laws of Florida.
In 1988, the legislature reestablished the Collier County Water-Sewer District and provided for
restrictions and boundaries for the service areas of the City of Naples, City of Marco Island
(Marco Shores and Marco Island systems), and unincorporated Golden Gate City (Florida
Governmental Utilities Authority). Please refer to the County's Sewer Service Areas map below:
Page 4 of 69
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GOLLIER COUNTY GOIIER~MENT
PUBL1C UTlllllES EIiCIIIEERING OEP^RT~EHT
2003 WASrE:WATE~ MASTER PLAN UPDATe::
MA Y '2004
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Page 5 of 69
Agenda Item No. 17G
July 26,2005
Page 123 of 286
fIGURE 2-1
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Agenda Item No. 17G
July 26, 2005
Page 124 of 286
On June 26, 2003 the Governor of Florida approved House Bill 849 that was enacted by the
Legislature of the State of Florida as Chapter 2003-353, Laws of Florida. Pursuant to section
189.429 Florida Statutes, this act constitutes the codification of all special acts relating to the
Collier County Water-Sewer District, an independent special district and public corporation of
the State of Florida.
The Board of County Commissioners adopted the Rural Fringe Growth Management Plan
Amendments on June 19, 2002, that became effective on July 22, 2003 by Final Order No.
DCA03-GM-137. Additionally. the Collier County Board of County Commissioners (BCC)
adopted the revised expanded service area for the Collier County Water-Sewer District on
September 9, 2003.
Any developments occurring within the Rural Fringe Mixed Use District, within the revised
Collier County Water-Sewer District Boundaries, will be customers of the County. Should the
County not be in a position to supply potable water to the project and/or receive the project's
wastewater at the time development commences, the PUD Developer, at his expense, will install
and operate water and/or wastewater interim facilities adequate to meet all requirements of the
appropriate regulatory agencies. These developments may receive water and wastewater services
from another centralized service provider until the County is in a position to provide service.
However, these developments and the required interlocal agreement to enact this interim service
will be reviewed and permitted on a case-by-case basis.
There are several future utility planning areas that lie outside the existing District boundaries.
These areas include the Orange Tree Area, the Golden Gate City service area and potentially
other partially developed areas in Golden Gate Estates within the CCWSD. The Orange Tree
Area is obligated to become part of the CCWSD by the year 2012.
Marco Island Water & Sewer Service Areas
The Marco Island Water & Sewer Service Areas was established by Ordinance No. 77-78 and
was repealed by Ordinance No. 2004-09. The District was County-owned. Per Resolution No.
2000-338, the County transferred all wastewater assets to the City of Marco Island with Board of
County Commissioners approval on September 26, 2000.
The City of Marco Island City Council voted to purchase the former Florida Water Services
Corporation System in November 2003, which had served Marco Island, Isle of Capri and Marco
Shores. This represents the largest collection and treatment system on Marco Island, although
most of the area is still treated through onsite septic systems. The existing facilities include a 2.5
MGD treatment plant, a 1 million gallon aeration system and approximately ten (10) miles
gravity sewers and eleven (11) miles of force mains. Treated effluent is pumped to the Marco
Shores Golf Course (on the mainland) for irrigation use, Sludge is hauled off the island by
contract haulers.
After purchasing the system from Florida Water Services Corporation, the City also has a service
area located within the Marco Shores Country Club Development (part of the Marco
Shores/Fiddlers Creek Development of Regional hnpact). The development is located
approximately five (5) miles south of D.S, 41 on State Road 951 (Collier Boulevard). The Board
Page 6 of 69
Agenda Item No. 17G
July 26, 2005
Page 125 of 286
of County Commissioners has previously approved an eleven (11) square-mile service area for
these facilities, located on both sides of Collier Boulevard. However, the actual area provided
service by the system is approximately one (1) square mile. Much of the service area is
environmentally sensitive and is not likely to ever be developed. The area actually serviced is
largely residential in nature. Facilities include a 90,000 gallon-per-day coruact stabilization
treatment plant and the associated collection system. Effluent is pumped to the Marco Shores
Golf Course for irrigation use. The utility also maintains offsite percolation ponds. Sludge is
hauled offsite by contract haulers. The Marco Shores Wastewater Utility Treatment Plant also
serves the La Peninsula Development located on the Isle of Capri, this service area was expanded
in 1998.
_ City of Naples
The City of Naples maintains its own water and wastewater service district, which is operated
through the City's Public Works Department. The District does include approximately seven (7)
square miles of unincorporated County area, which the City provides service to through an
interlocal agreement with the County.
City of Everglades
Everglades City maintains its own Water & Sewer District, which is comprised primarily of
lands within the incorporated City boundary. However, the Copeland Utility and Everglades
City have an interlocal agreement that allows Everglades City to provide bulk wastewater
treatment for the Copeland system.
Independent District Providers
Immokalee Water & Sewer District
The Immokalee Water & Sewer District is an independent governmental district that was created
by a Special Act of the State Legislature in 1978. The District has its own governmental board,
whose members are appointed by the Governor of Florida. While the District must coordinate
with County Agencies, and it is subject to County LOS Standards, its board is otherwise not
subject to the Collier County Board of County Commissioners. Currently, the District Service
Area covers approximately twenty-seven (27) square miles (mainly the unincorporated area of
Immokalee). However, the District has recently petitioned the State Legislature for permission
to expand. Current District facilities include a 1.5 million-gallons per day (MGD) treatment
plant, connected to approximately 80 miles of sewer lines and 28 lift stations. Effluent is
pumped from the plant site's holding pond (approximately 3,0 million gallons capacity) to the
Immokalee Airport property for irrigation use. Sludge is disposed of through land spreading at
agricultural operations surrounding the lmmokalee Community,
Page 7 of 69
Agenda Item No. 17G
July 26, 2005
Page 126 of 286
Private Sector Providers
North Marco Utility Company, Incorporated, Goodland Isles, Incorporated Sanitary Sewer
Facilities, Orange Tree Utility Company, Florida Governmental Utility Authority, Copeland
Water & Sewer Company, Port of the Islands Community Improvement District and Ave Maria
Utility Company, LLLP (see below). The following information describes service provisions for
these providers,
North Marco Utility Company, Incorporated
This utility's service area comprises approximately a Vz square mile section of Marco Island,
_ known as "Old Marco." Land uses in this area are primarily residential, with some supporting
commercial uses and tourist-oriented businesses. The area is located along the Marco River
Waterfront. Sewage is collected from the area and pumped to the City of Marco Island treatment
plant pursuant to a bulk sewerage treatment agreement.
Goodland Isles, Incorporated Sanitary Sewer Facilities
This utility's service area is limited to an existing fishing village consisting of thirteen (13) small
condominium units, all located within the community of Goodland (located south of County
Road 92 (San Marco Road), approximately two (2) miles east of Marco Island, The system is
based upon a 12,000 gallon-per-day package treatment plant. Average flows are about 2,000
gallons per day.
Orange Tree Utility Company
The Orange Tree Planned Unit Development/vested Development of Regional Impact is an
approximately four (4) square-mile area. located in the vicinity of the intersection County Road
846 (Immokalee Road) and County Road 858 (Oil Well Road), The area was formerly known as
North Golden Gate City. When the area is fully developed, land uses will consist of residential
areas, commercial developments, golf courses, a lake and park, as well as the Collier County
Fairgrounds. In 1998, the Board of County Commissioners approved the expansion of the utility
service area to include the nearby development of Twin Eagles. The entire PUD is within the
service area of the Orange Tree Utility Company. Presently, the treatment plant includes a
350,000 gallon-per-day contact stabilization facility with planned expansion of the wastewater
treatment facility by 750,000 gallons per day in 2005. The system is being constructed in
phases, concurrent with development. The Utility expanded its territory in 1998 to include the
Twin Eagle Development. Effluent will be disposed of through golf course irrigation and sludge
will be land spread at appropriate sites. The Collier County Water Sewer District is currently
scheduled to acquire Orange Tree Utility Company in 2012.
Florida Governmental Utility Authority (FGUAl
FGUA is a legal entity and public body organized and existing under the Laws of the State of
Florida, constituting a "public agency" under Part I of Chapter 163, Florida Statutes, that
acquired the service area formerly held by Florida Cities Water Company. This service area
Page 8 of 69
Agenda Item No. 17G
July 26,2005
Page 127 of 286
consists of the four square mile area known as Golden Gate City. The service area was expanded
several years ago in accordance with Collier County Water and Wastewater Authority's Final
Order # 98-09, adopted on September 28, 1998. Land uses in Golden Gate City are residential
and commercial in nature. FGUA operates a 500,000 gallon-per-day treatment facility, adjacent
to the Golden Gate Canal, Effluent is pumped to onsite percolation ponds. Sludge is hauled
offsite and land spread by contract haulers. The collection system contains approximately 22
miles of gravity sewers, force mains and pump stations.
Copeland Water & Sewer Company
The unincorporated community of Copeland receives wastewater collection service from the Lee
_ Cypress Water and Sewer Cooperative's wastewater collection system, which diverts raw
sewerage flows to the City of Everglades Wastewater Treatment Plant pursuant to an interlocal
agreement for bulk wastewater treatment. Between June 2002 aiid November 2003 the Co-op
was under a Department of Environmental Protection generated Court-ordered receivership,
administered by the Collier County Water & Wastewater Authority, to facilitate negotiations for
the interlocal agreement for treatment of its wastewater. In November, 2003, upon completion
of the force main interconnect, bulk service agreement, and decommissioning of the substandard
wastewater treatment plant, the Court vacated the receivership, returning control of the utility to
the Board of Directors of the Lee Cypress Water and Sewer Cooperative.
The Co-op continues to maintain the sewerage collection system that serves approximately 51
customers. The service area (the unincorporated community of Copeland) is approximately three
(3) miles north of U.S. 41, on State Road 29.
Port of the Islands Community Improvement District
The Port of the Islands Community Improvement District encompasses the Port of the Islands
Development platted subdivision, located approximately twenty (20) miles southeast of Naples,
on both sides of US 41. The District is an independent Community Development District,
created by the Collier County Board of County Commissioners in 1986. A Board of Directors
governs the District. Wastewater treatment service is provided through a 200,000 gallon per day
treatment plant. Water reclaimed from the treatment process is channeled through 28.6 acres of
wetlands. The treatment plan serves commercial parcels along U.S. 41, an RV Park and single-
family homes.
Ave Maria Utility Company, LLLP (AMUC)
On May 12, 2004, this entity notified the Collier County Water & Wastewater Authority of its
intent to file an application for water and wastewater certification to serve the Ave Maria
Development, located in eastern Collier County, southwest of Immokalee. Authority staff
received the certification application on August 12, 2004. The application is currently under
review.
Page 9 of 69
Agenda Item No. 17G
July 26, 2005
Page 128 of 286
Other Systems
The Florida Department of Environmental Protection inspects approximately twenty-two (22)
very small package systems operating in various portions of the County. Treatment facilities
range in size from 5,000 to 10,000 gallons-per-day. All of these systems are. located in areas
where centralized sewer service is not available.
Identified ProblemslUnique Aspects
Although large portions of Urban Collier County and the Golden Gate Estates is technically
within either Collier County's North Sewer Service Area or South Sewer Service Area, there are
. some areas of the County that do not receive wastewater service. County Ordinance 97-43
excludes large portions of Urban and Golden Gate Estates area from the payment of wastewater
impact fees. Therefore should wastewater service be provided by the CCWSD in the future, this
would require the formation of some sort funding mechanism(s). The County's Sanitary Sewer
Sub-Element, Policy 1.1.4, allows these areas to be served by septic systems andlor package
treatment plants until County Sewer Service can be provided. Also, certain portions of the
unincorporated area of Collier County are served by municipal utilities. In such circumstances,
the Sub-Element sets level of service standards for the unincorporated portions of the municipal
service areas.
Identified Duplication of Services
The City of Naples, City of Marco Island, Everglades City, Florida Governmental Utility
Authority, Goodland Isles, Incorporated Sanitary Sewer Facilities, Orange Tree Utility
Company, and Immokalee Water & Sewer District all provide services to portions of
unincorporated Collier County. However, these arrangements do not represent duplication of
services, as these entities are all independent utility districts. Orange Tree Utility Company has
an agreement with the County that provides for the County to take over utility services in 2012.
Identified Service-Delivery Deficits
There are no identified deficits regarding delivery of sanitary sewer services.
c. Public Safetv (PS)
Report Definition
For the purpose of this report, Public Safety refers to all police, fire and emergency medical
services operating in Collier County.
Primary Provider
The only local Public Safety entities with countywide jurisdiction are Collier County Emergency
Management Department, Collier County Emergency Medical Services and the Collier County
Sheriff s Office.
Page 10 of 69
Agenda Item No. 17G
July 26,2005
Page 129 of 286
Secondary Providers
City of Marco Island Police Department, City of Naples Police and Emergency Services
Department, Florida Highway Patrol, other State and Federal Law Enforcement Agencies,
Sheriff's Offices from Lee County, Hendry County, Broward County, Monroe Count)' and
Miami-Dade County, various private security services, Big Corkscrew Fire Rescue, East Naples
Fire Department, Golden Gate Fire & Rescue, Immokalee Fire Control District, Isles of Capri
Fire & Rescue, City of Naples Fire Department, City of Marco Island Fire Rescue, North Naples
Fire Control District, Ochopee Fire Control District, State Division of Forestry, Collier County
Office of Emergency Management, and other State, County and Municipal Agencies having
public safety or emergency functions.
The Collier County Sheriffs Office is the primary law enforcement agency within Collier
County. However, the City of Naples City of Naples Police & Emergency Services Department
provides the majority of patrol and investigation services to the citizens of Naples.
Identified ProblemslUnique Aspects
The Collier County Sheriffs Department provides law enforcement services to residents of
Everglades City. The City of Naples Police & Emergency Services Department (PSED) contains
police, fire and emergency medical service components. The Florida Department of Law
Enforcement (FDLE) provides the state oversight of mandatory state standards. PESD
voluntarily utilizes various services available from FDLE, such as lab work and investigative
support.
PESD formerly had a contractual agreement with the Department of Homeland Security for
providing officers to the Naples Airport. Currently, however, the Airport must first enter into an
agreement with the Transportation Safety Administration, and then a secondary agreement with
PESD,
PESD has auto-aide and mutual aide agreements with the surrounding independent fire districts
and well as an agreement with the district Haz-Mat team,
PESO, City of Naples, Marco Island and East Naples Fire District currently have an agreement
with Collier County Emergency Medical Services (CCEMS) for a partnership program. CCEMS
is currently housed in two of the City's three (3) stations.
Each fire district in the County has a mutual aid agreement with the Slate of Florida that includes
all or most all emergency service providers in the State of Florida.
Identified Duplication of Services
Through informal service delivery agreements, the Ochopee Fire Department (Collier County),
Monroe County, Miami-Dade County and the Big Cypress National Preserve all provide fire
control and emergency services to eastern Collier County, Whichever fire department is closer
to the emergency will provide the service. This relationship provides for the most cost effective
Page 11 of 69
Agenda Item No, 17G
July 26, 2005
Page 130 of 286
response, since the closer fire department will be responding. The Ochopee Fire Department
also provides service to Everglades City through an interlocal agreement. North Naples Fire
Department has an interlocal agreement with the City of Bonita Springs (in Lee County), which
enables whichever fire district is closest to respond to the emergency.
Identified Service-Delivery Deficits
The Isles of Capri Fire District has only two volunteers in the entire Fire District at the present
time. The District is in need of formal funding of its employees and operations in order to meet
the requirements of formal mutual aid agreements.
d. Solid Waste (SW)
Report Definition: For the purposes of this report, Solid Waste refers to all public or private
systems that collect or dispose of household, commercial, industrial, hazardous, construction and
demolition solid waste and are subject to an adopted level of service standard.
Primary Provider
The Collier County Solid Waste Management Department oversees franchised residential,
multifamily and commercial waste collection, the Household Hazardous Waste Program, and
disposal service for all the homes, apartments, condominiums and businesses in unincorporated
Collier County, The Department also oversees landfill operations, operates three recycling
centers, oversees all County recycling activities, and plans for the County's long-range disposal
needs. Through agreement with Waste Management of Florida, Incorporated, the County
operates two landfills (Naples & Immokalee).
Secondary Providers
City of Naples Solid Waste Division, nine (9) commercial trash haulers and forty-three (43)
recycling firms. All but one of the haulers also conducts recycling operations.
Identified ProblemslUnique Aspects
There are no identified problems or unique aspects regarding solid waste collection,
Identified Duplication of Services
There are no identified duplications of solid waste disposal services.
Identified Service-Delivery Deficits
There are no identified service delivery deficits with respect to solid waste disposal.
Page 12 of 69
Agenda Item No. 17G
July 26, 2005
Page 131 of 286
e. Draina2e (DR)
Report Definition
For the purposes of this report, Drainage includes all natural or manmade .systems that are
subject to an adopted level of service standard,
.Primary Provider
There are two primary service providers within Collier County: the County Stormwater
Management Section, which maintains drainage systems associated with County roadways, and
_ the Big Cypress Basin Board (an arm of the South Florida Water Management District), which
maintains regional waterways and drainage systems within Collier County.
Secondary Providers
City of Marco Island Public Works Department, City of Naples Public Works Department,
Florida Department of Transportation, various POO-based drainage systems, Cedar Hammock
Community Development District, Cow Slough Water Control District, Fiddler's Creek
Community Development District, Fiddler's Creek Community Development District #2, Flow
Way Community Development District, Heritage Greens Community Development District, Key
Marco Community Development District, Lely Community Development District, Mediterra
South Community Development District, Naples Heritage Community Development District,
Pelican Marsh Community Development District, Pine Air Lakes Community Development
District, Port of The Islands Community Improvement District, and the Tuscany Reserve
Community Development District.
Identified ProblemslUnique Aspects
Through a cooperative agreement signed in 1991, the Big Cypress Basin Board maintains and
operates Collier County's primary canal system. The County maintains and operates tributary
systems.
Identified Duplication of Services
There are no identified duplications of stormwater management/drainage services.
Identified Service-Delivery Deficits
There are no identified service delivery deficits with respect to stormwater management/drainage
serVIces.
Page 13 of 69
Agenda Item No. 17G
July 26, 2005
Page 132 of 286
f. Potable Water (PW)
Report Def"mition
For the purposes of this report, Potable Water includes all public or private_systems that are
subject to an adopted level of service standard.
Public Sector Providers
Collier County Water-Sewer District, City of Naples, Marco Island Water & Sewer Service
Areas, Goodland Water District, Everglades City
Collier County Water-Sewer District
The primary provider for most of Collier County is Collier County Public Utilities, The County
operates its sanitary sewer and potable water utility services as the "Collier County Water-Sewer
District," The District was created by local referendum in 1969, and validated by the State
Legislature, in a Special Act, in 1978. In 1988, via a second Special Act, the District boundaries
were expanded. The Collier County Water-Sewer District receives drinking water from two
regional water treatment plants, and includes three (3) re-pump stations, one (1) booster pumping
station, two (2) raw water well fields and distribution and storage systems. In 1988, the
legislature reestablished the Collier County Water-Sewer District and provided for restrictions
and boundaries for the service areas of the City of Naples, Florida Water Services Corporation
(Marco Shores and Marco Island), and unincorporated Golden Gate City (Florida Governmental
Utilities Authority), On June 26, 2003 the Governor of Florida approved House Bill 849 that was
enacted by the Legislature of the State of Florida as Chapter 2003-353, Laws of Florida. This
Special Act codified all prior affected Special Acts to be all-inclusive as related to the Collier
County Water-Sewer District.
The Board of County Commissioners adopted the Rural Fringe Growth Management Plan
Amendments on June 19, 2002, that became effective on July 22, 2003 by Final Order No.
DCA03-GM-137. Additionally, the Collier County Board of County Commissioners (BCC)
adopted the revised expanded service area for the Collier County Water-Sewer District on
September 9, 2003.
Any developments occurring within the Rural Fringe Mixed Use District, within the revised
Collier County Water-Sewer District Boundaries, will be customers of the County. Should the
County not be in a position to supply potable water to the project and/or receive the project's
wastewater at the time development commences, the PUD Developer, at his expense, will install
and operate water and/or wastewater interim facilities adequate to meet all requirements of the
appropriate regulatory agencies, These developments may receive water and wastewater services
from another centralized service provider until the County is in a position to provide service,
However, these developments and the required interlocal agreement to enact this interim service
will be reviewed and permitted on a case-by-case basis.
There are several future utility planning areas that lie outside the existing District boundaries,
These areas include the Orange Tree Area, the Golden Gate City service area and potentially
Page 14 of 69
Agenda Item No, 17G
July 26, 2005
Page 133 of 286
other partially developed areas in Golden Gate Estates within the CCWSD. The Orange Tree
Area is obligated to become part of the CCWSD by the year 2012. Please refer to the County's
Water Planning Areas map below:
Page 15 of 69
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APPENDIX E - INTERLOCAL AGREEMENTS
Agenda Item No, 17G
July 26. 2005
Page 188 of 286
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Dt.t.r!.ct::, t:o! ,1tOV1..' "~.t. pnsnn ..... tpmt.1t;y at'MI ...u~..
or _t:.er to,;t,ba g1.u.1c:t br .tIlPl'oYba ~ fIH:1UU_ ~
.,.~ rat.w;a fac:.lUt:J..., tbu d.1It&HU119 'tJae Dbtdct::'tio'\'
..... t.. H11. "l'aNr: 04. Jl'nsIIue. FaclHt:J.ee1 .net' '
......... s; tiut Dl.~t::. vU~ .-.... .'tIlI __~ the pot..Ul.
water Cld.Uu.. ,"-: tM ~ry. of t:ha D1a1:.C~ OD 5t&t:lf
...... IJ tU~ 'MlUU:i.. ..lob vU1 .,. GOMey.a .ut4 'e41_~'"
" 0lIIIII1\t::r ~. t:JMl ClNat::J' too openU ~ .,.tea EO.:' . 8p<<Cier.1.
.....t;.lt 1:.0 ~; ~ "'lQ1ft t:U Pbb"ic:t.
~. ~, the paR!n hClS'eto, in CUtMlura,Uon of tit.
keep1., .nd p.rtcmd.t19 of t:b.tr rNpectiya o'bUpt1Ot11l as
~ ..t; fo.rt)s. .~. ... with th. o~J:' _. follovat
All1'ICA :x
t . . .
1.1 ~ ~. 't::ftd It; .-u ~ the ~u::
wahl: ru.LU..... in ~ v.1.... JI1,aNI ~ II.". pr....loa.1:i1
bMa ~... ...,. -",~:t tar dl.td."U" .r ~ pM&It1.4i
\lat... IJI:!a ~ jIa.ln~ . ora ..a:. .... .2 .~ tv lUlt:.1rUICa ~ t:1ta..
~ v:U:Iia.tn ~ Dl.rt:l'1ct t:o tJte 1Ddb1du.al lot:a eNS otbar
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fac::UIU_ ~.lIIlJ ~1. "atAtI." ~.itAb ~ D1ab:.tCt &ncI aspoa C'
~tlllJn, ~1 u...,.~ ~lp r.... .u.. hcU1U.. to'
1:H eoutlt,t 'to,iOjNnte' Q pVt o! ita potaltle ~ter .,..~ ut.
.a"* t:IMI I..s ........ vtth1n the b1stdGC.
1..2 ~ J1l.t:rJc::t. llYn .Uf: b par-tf'4: o~ $'$0,000 to ~
COUftt:1 11\ uctuulva t_ ~. cOW\~ ptee9lcUtW paUll1_ VIk'tC'
..rvic:41 1:0 ~, propert, ,v1t:Jda the I)s..~i.ot. t:. be OltnntlCl\4l4 ~
t.1\. po'taJrola WtIU' .fac::1UU.. b.db9 CODIIt:.ntCUd ~t ~ Du!:dctr
t.o PJ'O'l'1". .a4equat:. p...U., n tlra flaw aDd quantltJ' ~
",l1tt of ".t.1' t~: aa:vieta of tb. ..,..rty 1I1~n t:b'"
D1I;trl~. T!te. Abov. 'ISO.!.,). shall be p&i4 proIIlPtly to 1:ba
cOW\t:~.n Uae..' . b\llk ~..&". .\91:"....nb to cupply potUl_ viiltar
and ...r ..1"Ylee "tNe_ th. County and South"" 'utes
D'l:11.( ..ja been NUy ~lr.ecdtfl4.
; ,
1._ 3 'f2l.; ,D!.t.r1ct. 'lU'l4 t ~".lo"J: uk.nV'lll~e ~.t: the
p.~1: at $.SO~OOO, u:~ud.. '"a~ aNt .....r iJlpaw t.u. '1tJ,A
Dlttt:ri<<n: .na : bevaloSleix .u:1cnh: 049'1 that. ftter lIllId "'1' Japact.
1'__ ar. dao: aiacI pIl,.1I1. at th. U.. a~ ..nneX" pns=:1be4l by
app11cabl& ~ty oralnance.
AlttIcI.:l U
;;, J. 'l'b. : CCNftt:1 .~... tla.t 11:'. MaU, aoppl1 -,oblble ....te1:
SIlX.'V.1~ ~ eM. lams. . "L~ln the D1at:d<:c: and that ... potaIU.l!1
v.~ ~:S.~ ,.uu .. 'cled4rNd to J>.rO'lt'Vta 7a pou~ pes .~
^.r J.l'lClb of pntII.cr. at. th. po!l\t Vban t:b-. ~t:r'. pot.ab~. ....1;ar~;.
(}! .Jl.l:.' ~\1pp1y ~ :CC1Dftacb; v1tb ~e faci' It!.. MlnlJ 4...19"*1 Q"~
~'th. DI.b:'iDtl &.. 1:: state Joe. n.' COU1,ty shall 1\~ lito li."le lor\~
. any 'I\luat:!~J: o'f ,,~t.r:, aboV. what; M. "'tm prov::l.de4 to it: lay:
SCNthUft C1't.lItu VtlU.t:iu W'ltil tbe county connection ba. be_
coapleted. .
2.2 ft., C~ty &'!Jt'tU that 1t ahall uae .sua d111...nv. t.D
pr:ovld. potabb vat:.n' nrvlc. l\ot. hta~ ebaJl A,\a9'l.t.- 1. 1"4.
:II .:1 ~t.,. .!Jr... tb,.,t ~ .hall ova .... .vn.. ~O b4J::
.el_ly ........U,1. teu: ~ .....ut.lon. IUId ..~ .c,~'
pab.b1A ....~W' ~~ lV.ta1 .fAr:' it .. MtIn OOIIpletAld 'ti\.
:ac:cordall~ _.1t!h -m. "qu!r...nu and ovnv."1p 1:r.,..f.rnd to
it br tho OLstrlat.
uncu rII
;l. t Di.atrlce, t.ll. CelUIty .1'Id the DeV.J.OPU lNtwall Y ...,rea.'
that. ...11. &M, +.a~, COY&I'IlIftt. und oon.41t1oml ....n1ft oont:dn-t:
Ill"'. lI1'l4 MaU be JllnG1.nl:J upon thalr ~.. nprlt:llm'C6t1"'....
CUOOQ.aor. and ...l~n.~
~~~
3 . ~ It; anl put;)": 4edlr.. to vi'" not1ae or to auk. II1'\)'
t:end_X' to 'I:~ .u...... .ueh lIW!lUe. OJ:' t.n4.r: ._t be 11\ wriU...,
and .hall ba detrae4 .,1yen UU_ (3) da:p &~.r daposit: bl tbe
tIft.11:e4 St,,~ certlfb4 ...11, n.t\t.n\ ~odllt l'eq\l..tta or 'lIPOti
r-celpt: if ;ddivlllred by &ftY othn "'P. aJ'l4 ~&ad .6 t.h.
party far 111\.. it. 1. J.1It.ente4 .. f9UDV'I>I
COllier: County UtIlities
301\0 IIort11 lIonuboe Elrlv.
Su:l.""O
...1... ,1or1d. 33'42
U'ftln'XOII: trt:1l1t1u A1:1lIi:All11:ntn
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c/o Xa1 IATQO I)I!valopa.IlU '
2'1'7 !fortb eolU.IIc Illv4., 2nd rloor
Ma~QD-I.l.ftd, Florida 33931
..Y icU:cc DevU-.,.u
21"7 Wowth Coll"'zo 11v4,. 11\" noo~
xar~ Xallnd, tlo~!~a ~~t)7
Jtqdl1ng b.re1'1 .h.ll be c.oJ'Iatru.4 .. pr.ven't$.nv the part!...
~ro. eb.1'41~ ,the place.: t~ \IbAch not.1e. ..to b. ad4nlllNilll. bU.t
no ~ )'lfJt;lca of cban.ge ahLU H v..li4 UIll_. CJlvU\ 1n
..cc~ tilth the tCrJllI' ~t 'C!l1. pAra-pap'h.
, . ~ l'ailu~ ot dth.r the Cwnf.Y " the nbtrict to coply
with OJ: 4day ;by dQar partr In per1!onanoe Df any Ux. ,0.
o4m4l11::i6fta ~'t)\l.. A.;'n-_t .I\all !:ltI excute4 it aml ~D t:.he
exh:nt:. lNCb. t.Uut_ or-dlUa)'_ IIr. caul. bY .cl::t at GOd, ware.
at:rJ.ku. iiX'D, Uoo4., . ..-tb&r, .uPl'u.... 'IllrM)c401ft1C or
ahu.'t4ouns of; .qu1p..n~~ tallure _d eapac1'ty .t \:1:lIlI'UI(:lOft.~101'l
racl11~.., ,OJ:: &flY law, J:'\d.. aT J:.'i\Llat:J.oft, 6" ~ on.1:' or
.~lOft of any c:o\Il't.' OJ:" .".t\Cy or 1n.strUlumtaUty of ;any
~r:_nt ~t:.helL' tM,ft the SMlrt1l'ls 'to tht. ).fre.acnt;, ole' ."7
cl:har cau..;. er beyO'll4 the control of tb.. 'P.nt bereto:
r.....pon.J.bl. ~c~ <n' ahal:91rll wlth .\I~ tau...... o. ltd_y. Co""it:y
further .9XWC- t~t any .c~lo~ t4ken by COll1ar co~ty. l1arl"
wh1ch app.u..: uhl" ,to 'the I'TOP.rt.r C:PhbL.1n-.4 vl'thlll the
D1n.rlC'C a~/Gt' col.1.y to a~eaS r.ceivJ.n" utility service,
diract.1J ."lndbec:tly fra. aoutll.:n .ut.. gt.U.lt.!.. ~.1l nor.
M ~ ~or a.cu.. of pwrtorunee p'Ut'.ua1\t. t.o thls 1"ar"9raph
::1.3,
/-/~
3. .. t'l1.-itJ:lot. and: o.vdoper aokaovltld<lf* that the Ca"nt.y
vUl ~.rva. "the D1strict: and/or iM.t.vlC1ual cu..toau_ th.:
county'. ~~, 1:.0 M.lylN).1c v.t~lIr .",15/01' ..va..., ao applicrabla.
fr~ soutbarn.~&t&. vcill~1es plua & rea.cRabl. .&.lnl~.tiva'
chorq6 Uftldla aNi W\tLl t:.ha CMne.y obtain. v.ter &1'14/011' .war
.e.-vice tll'al' ita own, tac:U1U.. 1n.,.,d of a'Q\lt:hlLX1l $ut.e.'
UtU1U.. at .",lch ,j... ~ Caw'lty "111 ehlll.'CJ. 1't.w rile:.. h
off.at a~ t!liIt ti...
III ~ HUder, tbll parties hereta, a.r:t1nv un4.r
&ut:hoz:Lt!.y af. .t::.h.lrI'UpctOd_ authod:&ecl off1.c::es, ba",.. AU JeCl;.
"hi_ A~t; t.o b. duly eXe<:Q't.d .. of tl\. lhy _d year tlr.t
ahove 1..-ue4. .
J.T'1'JlS't:
n1 KAJlCO etlIHICtnJI'1'lt DEVEWl"-
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Asaletant CO~~"rney
J:ft KUlCl) DIVII.OPKER'r&, :a
FlocUa ,.Mral. SJar~.rGlIip
alt.. DOtI'l'O DIVEIDI'JIld'J'S J::&'Y
IWlCO, . tlor14" general
pa~hip, .. qet\er.al
partHl" of En MARCO
~l'MIDI'H
In'l aoYAL lQJICIO DJ!!III1U.DP.
JCI)I1'S T1IO, xwc., .
Flori" cor.poratiob,
.. geluu:a.1. ~1"1.'"
of ROII'1'O DZVJ:LOl"-
)tUT$ DY KUl.CO
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a)'. . :t.t..o
:1 K. ln4on,
Prw514ent '
!:'.rA'l'& 0,. rullUDI.
COU'llTY OP e.oLLXD
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.I 1rJrlUn' ~1:" 'th&t on t1\J., &1. htItU'. ... ." o'f..f loer
d~ly au1:bol:'1-=t.a ill t:lI. St:a-re .for....1d and 1.ft t;h. eoune)';
atore.sald U take .cli::noVle49tMtotal, pusonally appear" Jaaas It.:
Jta1n~x.. Wll Dovt' tit .. to b. the Ch.1raan of Kay tJAroo-
Co..uni'ey hrnl~ oi.tric~1 an4 'th,t h.. .. cuch ort:l.c:~r,
bla1Q9 aQ~~M .0 to do, uacutd tll. tOl:ll9oing inat:rv.aent
~OJ: ue ~.. ~lr.in eon~.J,fted# UNlet: ~t:.horlty d.uly ve.ted
ill hla by ..1cl D.l.ut~ aA4 tb.t t.blJ .0_1 atU.e<I b.n1:-O 1.- the
true ..a! ot .,dd J:)in:r1~.
1a'nlB$$; If)" band ell O'ttic.la1
_, . l..t I.tOftpJ.4 tAil I.!:' 4ar O't
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COUM1f OJ' OOLUJ:A J
I QU.Y CD.'tX" t.bat. on t.h1. da)' r b<!ltore .., an otUet!.&'
11\11.'1' alltho~b..a ,in U. '.ea'\:.ll aM county IIfoUlIIUcl to 'bilk-
.c1l:Jw'lt1.ad.l;rHl"lt."'., : 1><<n:.ClMllf .pp.4~" '1'bGtby : . C:cQun~ine,
v.1.'1 kno\l'rl to.... " '- ,tn- c:&.1lnIan o~ tb. It(\Il.rcI o~ COW\t.r
ea...1v.ioMl"lo. j eolli~ eount.y. 1'1ea.rU.. .... Ilt-ofl'icio the
GoV~t1:nin, Jaoa..:4of 'the: CoU1er COW'lty ..tu-i"'~ D3.a~1ct:,
bd,ltq ii.\ltharla:....o ~ t\b. "x.O\I~e4 the l:on'9OLl'\C1 Afr....nt. fot:
Uta _~._ there.b aGl'tt&boad uMcr .\It.bod1:Y dilly Lnv..t:.4 by
tM 14a.rC! ot' Coa"t)' eo.aladoners. al1lS that the ..al .Uixd
t:bq~ is ~;t.iue ....1 o~ .a14 Man.
18:
Wl'tUSS II:t ht.-nd .a.n~~;oU1cJ.al
hat. aforeu1c!: t.1lL- ~ clay of
$~t..
!"lion or n.oaItJA
~1I.Il~
tlQ'tKlff l'\lIIUC ma1. ftDlICP
~..,.~
WY ' uc. ""
,
COU1frJ OJ' coJ..LI1Ut
X UU'.v ieDf%n ~t. Oft 1:h1. day. lMfo..& -, an oft1oer
oltuly allt:ho.rh-4 to t&ll:a .e:):nowlccl9*aenb tn t:ba Stat.. ..,4
COw;rty lan .tas::..&1cS,.,.-rlirmdl,. .,...._r.d .tAXIS lC, RJ:1lI0E1lS,
to .. knovn and tJl<Mm W _. t.o ... t.b. p.nOl'l ck-a<<i.ba4 u thtl
S>r.Cl0.J'Ie ot i ")1:~L KARCO lYEVSWPIUlfrS TWO, IlIC., a geMr'lll.
part:~ 0.1 MftO ~~!'I J.lV ~. Ilk ".naral. partn..- of
ICZT IfAJ'OO D~I'IIIHt'S. a Florid.. venera}, p.lC't.nc~ and. who
..drNtVll&i!q-.J : .bodor.. .., t:hat: b.& &.x.nt.0..4 t.a. t Q1:'&9" 1 1'1<1
In.~''t. ; Ho Ie' pcr.nnally JaHJ"'" to " .a. ..
.....8.. ." M../'L1H~ti... and cUd
not take &l'l oath.
s.&:
1fI'l'RUS '*1 beml an4 offloial .....1. In tha
l....t ator..lt4 ,thLa ~ day of <'NY.jt-
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A~E!h:~a'i~'~~' f7~
J. .Hy'~, 2005
Pag , 1'9~of 286
IWrERLOCAL ACREEMEllT
FOR ENERGetiCY WATER IN'fERCONIU:C-f
This 1\greelllcnt is lllade and entered in\:.o between the City
of Naples, Florida, a Floritla municipal corporation
(hereinafter RCITY"} and the Board of county Cowaiaaloners ot
collier County, Florida, as the Governlnq Body of Collier
county and as Ex-o!'ricio th& Governing Board of the Collier
County Water-Sewer District (horeinatter together referred to
as the "COUNTY").
WU&REAS, CITY and COUNTY dosire to provide for water needs
for their respective water supply systems during emargenoy
periods of reduced availability from their normal sources; and
WIIEREAS, CITY and COUN'r\' as' neiqhborinq local 'lovernlllento
with existing facilities capable of furnishing limited potable
water supplies to each other, AqrGG to enter into'.n agroement
out1ining the terms upon which each Io'ill furnish vater to the
,other in times ot reduced availability from normal 'su.pplies;
and
WllEIU~1\S, it is deel~ed in the bast interests ot both CI'l"i
and COUNTY to lIlake this provision tor ilu<]lllentlng v<Jtar supplies
it such a need should arise;
NOli, THEREFORE, in consideration of the Pl"eJllises and other
good and valuable consideration, it is agreed:
~, Suoject to the t.el"mS or thin Agreelllent, CI'l'Y Agrees to
supply to COlIN'for such potable wate. as is available within the
CITY water :>ystcm that is Over and above the needs and dellland:>
or the CITY and the custo~ers of it:> water service area, Said
service to Inaintain the beat available pressure at the
discharge side of the Meter and nackflow Assli!cWJ1y, al[; to limit
adverse etfects to supplier'S customers.
2. Subject to the terms of this Aqreemcnt, COUNTY agrees to
supply to CITY such potable water as is available \(it.hin tho
COUNTY water systeza that is over and above the needo And
demands or - the COUNTY and the customers ot its water service
area,' Said service to maintain the best available pressure at
the discharge side of the Meter and 13acktlow Asselllbly, as to
limit,adverse effects to &upp1ier's customers,
J. Water supplied under this Agreement shall ue delivered to,
and recei vael trom permanent or temporary interconnectin9
faci~ities at severill points where the County's and City's
Wut.lir systems are in close pro,lCimity, 'flle approxilllate
locations are to be luutually agreed upon in writing. 'l'he
nature ot the emergency and availability frolll the supplyinq
system shall dictate the nwnber and locutions' o.t the
interconnects activated, 'rhe requestin9 Utility shall identify
to the supplying utility, the inte;rconnect it desires to be
activated, subject to ~imitations in availability of the
supplying Utility" Said interconnecting tacilities,
hereinafter, referred to as "The Interconnect", shall be
cons't;x_ucted 1n either a ~~~pora7 or permanent manner as is
S'F:iO'Wn conceptually --ri1EXliJ. 1 0 thu Agreement:,. .
All estilllateu costs 1:0.1:' desi9n and construction at 'i'he
Interconnect will be .oviewed and approved by both the County
and City prior to COl1lll\enCelllcnt o;f constl."uctJ.on. Upon
complliittion or the design and construction, the City IOha~l
reimburse the County for one-halt ot the cost incurred by the
County to design (direct labor only), construct, and lllanago
(direct labor only) the projoct, Said cost sharing shall be
subject to the following:
a. The design ilnd construction ot The Interconnects shall be
administered bS' COUNTY.
Agenda Item No. 17G
July 26, 2005
Page 195 of 286
During construction, COUNTY wllladvlse and obtain
approval or CITY in Advance of any proposed Change Orders
to the construction contract. The COUtfl'Y shall be solely
re.sponsible for administering the construction contract.,
including issuance of nll Change Oraers.
4. subsequent to co~pletion of construction ot The
Interconnect, ownership of that portion ot Tile Interconnect up
to and including the isolation val~e which controls the flow of
water ent41ring into or belnq received trom The :Interconnect
5hall be owned by the, utility who's system the valve controls
access to, The physical interconnect from isolation -valvo to
isolation valve shall bll the mutual property or both tbe City
and county. Maintenance, repair and replace.~ent at the
mutually owned portion of the interconnect shall be tb_
rasponsibillty of the county to Ilcllllinister with the costs beiuq
equally shared by both parties, as follows:
11,
a. The Interconnect.' sholl be designed to include provisions
tor loc)dnq feuture. at the hatch covers of both vaults
which house the isolation valves, so that each party can
have individual keyed ACcess. Each party' shall have sole
access to locking device for its valve operator which,
when opened, provides water to or receives water from the
other party. 'l'he County sha.ll be responsible f.or
maintaining, repairing; and replacing as ncedad all
structural aspects of the mutually own.a portion or the
interconnects, from the County's isolation valve back to
the City'S isolation valva. with the cost of such
maintenance beint) shared aqually, based on invoiped parts
costs and billed labor raten,
5. W.ater provided by one party to t.he other u.nuer the
provisions of this Agreement shall be only that. ....ater neec:led to
proviao temporary assistance in the event one party has .n
emergency need for 'Water beyond that availability in its own
system, subject to excess supply in tbe supplying syst.em.
Water shall 011 provided SUbject to tho folloving conditions:
a. Tlte two parties shall desililnnte a member of its per1llammt
stat! who shall receive all requests, anu who shall have
tile authority to approv41 or disapprove requests.
b, Both parties agree that this agreement sholl not apply to
reasons ot axceeded design or capacity limits on plant or
infrastructure facilitIes.
c. Each request for ellllU'gcnc)' vater service sha~l .be acted
upon in gool;ifaith and in Q thlely manner by both partiea.
n)' enterin<] into this agreement both parties a9rce to
supply said service subject to availability alii described
above. Howllver, the receiving utility is not obligat.ed to
accept any cpecific voll.1ll1es ot water, anu termination of
service shall occur when the need' tor eJllergency water
service has been rctlolved,
d, At 1 t5 discretion, t.he Gupplying party ..y establish, and
enforce by unilateral control of valves under its control,
limits as to: times ot day and/or days of the week during
which delivery will or vill not be made; the rates ot flow
at which delivery will bo made: and/or the total volume ot
water to be delivered over one or more designated periods.
However I these controls will only be used as a ....ns at.
addressin9 availability' constraints, N.ither party shall
be responsible tor any adverse effects that its
adjust~ent. of valve settings, flaws, and/or pressure
mi9ht produce In the water system and/or customer'.
property or any other parties receivill':J water, through
either rc~pectivc water system,
0, The receiving party ~grecs to exercise prompt and diligent
efforts to elimiMtc its need to obtain ellergency
supplies.
Agenda Ite~ No. 17G
July 26, 2005
Page 196 of 286
lJ,
6, It is mutually l1greed that whenever water Is supplied
under the terms ot this Agreement, the receiving party shall
pay the supplying party Cor all water receivel!. in accordance
with the following:
a, payment shall be on a per thousand 911110n basis, as
measured by the appropriate Ifteter in 'l'he Interconnect.
The meter shall be read jointly by the two parties at the
following times: when the valves first are opened at the
beginning ot the delivery in response to a request for
water; at the time of the final termination of all
deliveries of water in response to thllt:. requesti and if
necessary, at approximately the first ot each calendar
month that occur's between the beginning awl terloinlltion of
the response to that request. It shall be the
responsibility of the supplying pilrty to schedulo all
readings of the meter at mutually agreeable times.
It sh&ll be the responsibility of the $Upplyinq utility to
lIlake annual checks or the accuracy, of the pe.na.anent
interconnect meter or lIlatera used to supply water to each
party. It non permanent interconnects are utill~ed in
part or for all interconnect:.c lIleters Shall be tested by
the County at thetillllil ot installation. Said test results
shall be fOt"Warded to the City upon request. It a party
receiving water under the- teI'J1lS of this AgreclIlIcnt sbould
believe that a bill ror water received might have been
based upon readings from an inaccurate meter, upon request
the County shall perform an additional check of the
meter's accuracy, with the City present if desired.
ShOUld that additional check revea.l accuracy ",ithin the
limits of the manufncturerG recommended accuracy, then the
cost or obtaining the check shall be borne <llltirely by the
requesting party,
c, If either an annual check or an additional chac:k of
accuracy reveals an error beyond the limit o~ the
aanu.facturers recomlllended accuracy, it shall be as&WIIed
that the inaccuracy was in existence for the later
om~-half of the period of time troll the last chec.k that
indicated acceptable accuracy. Any billinqs that occurred
during that period shall be adjusted to reflect the
quantity ot' over read or under relld exceedlrl9 the
appropriate limit of accuracy, at the rate per thousand
9allons that was in effect at the tilne delivery occurred.
d, The rate each receivinq party will pay, per thousand
gallon basis, will be set at Collier County'. actual
production cost ot its water. This rate will be reviewed
annually for necessary adjustments.
7. Tbis Agreement shall remain in lull rorce and affect until
terminated upon sixty (60) days wrlttQn notico by el~er party
to the other at its sole discretion,
a, It is understood and a9reed by and between the two parties
that it any condition or provision contained in this Agreement
is held to be invalid by any court ot cOlopetent juriSdiction,
such invalidity shall not affect any other condition or
provision and does not materially projudice ei~\er party in its
respective rights and obli9ationa containod in the remaining
valid conditions or provisions ot this Agreement.
9, No wa.iver of any breach or this Agreement sllall be hell.l to
be d waive.!; or any other subs.quen'" breach.
IN WITNESS '.1'11 tR.EO 1" , the parties heroto have made and
executed this Agreement on tbe respective dates under eacl\
signature.
IN
executed
'fITNESS 1'1lEREOf, the parties herato have lIlaue and
this Agreement on the respect1 ve dates under each
,
".-.,
!
Agenda Ite\" No, 17G
July 26, 2005
Page '197 of 286
signature: COLLIER couwr~ through its DOARO OF COUHTY
COMMISSIONERS, s190109 by and through its Ch.U.' rm.a.~~,. ~utborized
to execute saIne by Board Action on the/'it!:: day ot ~,
1994; and CI'.1'Y OF NAPLES through its CI'l,y coUt~CI , sIgning hy
and throu'::jh its Mayor I autlJfrized to execute sallle by Council
action on the /'/11., t.ll1Y or: ~LbtA.. . 1994,
OATED,:~~<....,I0/'7Y
AT'..r-ES'r':N:~;J......_ .
DW.igh.t E,', BroJ;K, C lI2rlr:.
:.~ ./~~J~~'i.~.'~ :.'~:~~t~ ..<-:~. ~~".
;&...~.r--\-4? rL
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Ap~rovS,:;as.!",1;'p torlll nnd
le9""1~~~frt~clency:
Q ~~J' ~
~,r--' n CUyler, Coo ty Attorne,
ATTEST:
Janet Cason, Clerk
(\
'?JL......d )l..<' ~- (-",.<. >i- '-
F
Approved as to torm Zlnd
legal sufticiency:
~y/
Maria ::1, ClliarQ, Clty Attorney
k.bd.wllao 19
nOARD OF COUNTY COMMISSIONERS or
COLLIER COUNTY. t'WRIDA, AND AS TUE
GOVElUfING BODY OF COl,Ll~."~:o'~'r'l..,,
AND AS EY()FFICIO THE ~gV.ERKING',;:;'~"
g~~(~ COLLIER COU7j,~{~~!~~t1Ar0~;':\'
.~ : 'n) . ~.l;^'" "'j"...:o.><..:t... ~
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NAPLES CITY COUHCIL OF NAPLES
FLORIDA '
(i:,JJiJl. b
p ul "u.n.er""~lur '
Date: II.. q ~ q~_
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OR1GI*l OUPLICA IE
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Agenda~lt~T Np_. 17~, ".'_'.'._..
Jur~,"~1l5) ~
Pa Jext9s ot'2W9
t\Z
),
This
INTERJl:i EME~G:ENCY WAXER PURCHAS'f!_:?\.GREEMENT
':1' . .-<(
Agreement 1 made and entered into this ;",- .rj day of
). ":}, 'f-' /,'
. 'c_ -1-/ .
~~-I I
collier CountYI
19891 by and between the Board of County Commissioners,
Floridat
Ex-Officio
the
Governing
Board
of the
Collier County Water-Sewer District and the Marco Island Water-Sewer
Districtl hereinafter collectively referred to as "District" and
Marco Island utilitiesl
a division of Daltona utilitiest Inc.1 a
Florida corporation, hereinafter referred to as tfDeltona".
RECITALS
A. Deltona owns and operates a water utility system serving
the potable water needs of Marco Island, Florida, said system known
as Marco Island utilities.
B. Deltona utilizes as a water source for its water utility
system two fresh water lakes and a 4,000 foot long infiltration
gallery, all located in Section 34, Township 50 South, Range 26 East,
Collier County, Florida,
C. District owns and operates a water utility system serving
the potable water needs of its customers located in the vicinity of
U.s. Highway 41 and State Road 951 in Collier County, Florida,
D. The water source for Deltona's water utility system is also
located within the vicinity of u.s, Highway 41 and State Road 951 in
Collier CountYt Florida,
E, The South Florida area, has in recent years experienced
seasonal drought conditions that have adversely affected Deltona's
water source by increasing the chloride content of Un:: wc1te.C
available.
UnUT1ES DIVISION
1 of 10
t ~Jl ,1 190:)
AU PM
17 !8!Dl !iJ! 1111? j 1 i~:1311! I!)I G
e
e
Agenda Item No. 17G
July 26, 2005
Page 199 of 286
F. Deltona is desirous of obtaining additional water from the
t}istrict for blending with its own raw water source, thereby,
reducing the chioride concentration of Deltona's water; diminishing
Deltona's withdrawal from its water source; and stabilizing the lake
level at Deltona's water source.
G. Deltona is requesting to purchase from District, and
District is willing to sell to Deltona, approximately 1 million
gallons of 'water per day (1 MGD) on an interim emergency basis
provided the District determines excess capacity is available.
w r T N E SSE T H:
NOW, THEREFORE, in the consideration of the sum of Ten Dollars
($10.00)
and other good and valuable consideration in hand paid by
the parties hereto each to the other, simultaneous with the execution
md the delivery of these presents, and in further consideration of
the mutual undertakings and agreements he.reinafter set forth and
contained, the parties hereto convenant and agree each with the other
as follows:
1.~ The above recitals are true and correct and shall be
incorporated herein,
2. District agrees to provide Deltona, on an interim emergency
basis, with up to 1 MGD, if excess capacity is available, of treated
water suitable for consumption by the general public, at a point or
points to be agreed upon by District and Deltona through their
Utility Department and Engineering Department respe.ctively, but in
t.he general vicinity of the area shown on Exhibit. "A" attached hereto
and by this reference made a part hereof,
2 of 10
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Agenda It~m No. 17G
July 26, 2005
Page 200 of 286
3. District will, if excess capacity is available, make every
effort to supply the requested amount up to 1 MGD when'requested by
Deltona.
This excess water supplied to Deltona under this Agreement
shall be reduced or diminished by the District in the proportion of
excess
capacity
that
is
available
to the
District.
All
determinations relative to excess capacity shall be made by the
District.
4. Deltona shall make direct payment to the District upon
written demand or bill for reimbursable costs or expenses advanced by
District on behalf of Deltona, services rendered or water supplied by
the District to Deltona.
It is specifically agreed that the rate
charged Deltona for the water supplied by District shall be at the
same rate as that charged to the Goodland Water District by De!tana
for water supplied to. Goodland, said rate currently being $1.60 per
thousand gallons of water, the level set by Florida PUblic Service
Commiss.ion Regulation. Should the rate charged the Goodland Water
District by Deltona increase, the rate charged Deltona by ~he
District shall also increase in the same proportion.
5. District agrees that there shall be no connection charge,
service availability charge, or impact fee charged Deltona for the
delivery of water by District to Deltona as no guarantee of service
is being made by the District and no capacity is being reserved for
Deltona by the District. Deltona shall, however, be required to post
with the District a deposit for water service under this agreement in
the am~ of $48,000.00, Said deposit may take the form of an
irrevocable Letter of Credit meeting the approval of the Collier
3 of 10
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Agenda Item No. 17G
July 26, 2005
Page 201 of 286
sounty Attorney's Office.
said deposit is due and payable upon
execution of this Agreement.
6. Deltona agrees to design or have designed all water utility
facilities necessary for connecting the District's existing water
utility system with that of Deltona'si said design to conform with
collier connty utilities standards, but, in any event, to include an
air gap or back flow prevention device acceptable to District to
prevent cross connection of the Deltona and District water systems,
7. Deltona agrees to obtain all approvals from regulatory
bodies and all permits necessary for installing the water utility
facilities required to connect District's water utility system to
Deltona's utility system.
8. Deltona agrees to install or have installed all water
utility facilities shown on plans approved by regulatory agencies in
accordance with this Agreement,
9, Deltona agrees tha~ the water utility facilities installed
by it will be connected to t~e District/s water utility system at a
point or points to be designated by Deltona and District acting
through
their
respective
Engineering Department
and utility
Department, but said point of connection shali be in the general area
shown
by Exh ibi t "A" , attached hereto and by t.his reference
incorporated herein.
10. As part of the water utility facilities installed pursuant
to this Agreement, Deltona will at its sole cost obtain and install a
bulk measuring device or devices, approved by the District, capable
<\ of 10
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Agenda Item No. 17G
July 26, 2005
Page 202 of 286
of measuring the volume of water purchased from District by Deltona.
,
The measuring device(s) shall be at a location or locations and of a
design agreeable to both parties.
11. The District shall have the sole responsibility for
designating times and procedures for withdrawing water from the
District system, and Deltona agrees to adhere to all designated times
and procedures for withdrawing water from the District's system.
12. Deltona and District agree that the measuring device or
devices described herein shall be suitable for billing purposes and
shall be capable of indicating the volume of water flow with an error
not in excess of plus or minus 2% of the full scale reading of the
device or devices.
13. The District shall be reponsible for reading the measuring
device or devices to determine the volume of water purchased from
District by Deltona during the previous month, at a time to be
determined by the District. District a9rees, upon receipt of a
request from Deltona, to coordinate a join~ reading of the measuring
device(s) ,
On or about 15 days after reading the measuring device
each month,
Deltona will be furnished by the District with an
itemized statement of the amount of water purchased during the
preceding month. Deltona shall afford District free access to the
measuring device at all times.
14, Deltona shall own and agrees to be solely responsible for
the operation, maintenance and/or replacement of the measuring device
or devices installed in accordance with this Agreement.
Deltona
agrees that maintenance of the measuring device or devices shall
5 of 10
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Agenda Item No. 17G
July 26, 2005
Page 203 of 286
include field testing and calibration, at the time of installation of
the device, and at least once every 6 months with all certification
documents being forwarded to the District.
15. If District shall, at any time, question whether the
metering device or devices are registering correctly, District shall
have the right, upon making written request to Deltona[ to have such
measuring device or devices tested in the presence of a represen~
tative of both District and Deltona. If the measuring device or
devices tested prove to be inaccurate, the costs of such tests shall
be borne by Deltona; if the measuring device or devices so tested
prove to be accurate, District shall bear the costs of the tests.
Should any test or tests show such measuring device or devices to be
more t.han 2% inaccurate, computations for water purchased shall be in
accordance with the following procedures. Any adjustments of charges
shall be based upon the average error thus arrived at and adjusted as
follows:
a). Fas~ Meters - Whenever a meter tested is found to
register fast in excess of the permitted tolerance above,
District
shall give a further credit to Deltona of the amount billed in error
for one-half period s~nce the last test, not to exceed 3 (three)
months, except that if it can be shown that the error was due to some
cause, the date of which can be fixed, the overcharge shall be
computed back to but not beyond such date.
b). Slow Meters - Whenever a meter tested is found to
register slow or be partially registering, in excess of the permitted
tolerance above, District may back bill Deltona in an amount equal to
6 of 10
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Agenda Item No. 17G
JU4'- 26, 2005
Page 204 of 286
the unbilled error for one-half the period since the last test, said
one-half period not to exceed 3 (three) months, except that if it.can
be shown that the error was due to some cause, the date of which can
be fixed, the charge may be computed back to but not beyond such
date.
c}. Non-Registering Meters - Whenever a meter is found
to be stopped and non-registering, District may back bill Deltona an
estimated amount for the period the meter was non-registering, based
on an average of the daily usage over the preceding (3) three months
multiplied by the number of days since the last date the meter was
read,
District agrees to use good faith in arriving at the estimate
of flows and this back billed amount.
d) . It ~s understood that when a meter is found to be
Ln error in excess of 2%, fast or slow, the figure to use for
calculating the amount of refund or charge shall be the percentage of
error as determined by the test.
16, This Agreement shall be for a term of two years from
execution of this AgreE~ent and will automatically renew thereafter
for terms of two years unless at least 180 days written notice is
given by either party prior to the end of any two-year term that said
party ~s terminating this Agreement.
17, Deltona agrees to convey to the District all water utility
facilities installed by Deltona in accordance with this Agreement
from the District's water main up to, but not including the measuring
device,
and Deltona relinquishes all interest in and claim to such
water utility facilities.
7 of 10
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Agenda Item No, 17G
July 26, 2005
Page~.of 286
18. All the terms and conditions herein contained are and shall
be binding upon the respective representative, successors and assigns
of District and Deltona. However, no assignment by District or
Deltona of any rights under this Agreement shall be valid unless
consented to in writing by the other party, which consent shall not
be unreasonably withheld.
19. If either party desires to give notice to or to make any
tender to the other, the notice or the tender must be in writing and
shall be deemed given when deposited in the united states certified
mail, return receipt requested, and addressed to the party to whom it
is intended as follows:
For District:
Collier County Utilities Division
2800 North Horseshoe Drive
Naples, Florida 33942
Attention: Michael K. Arnold,
Utilities Administrator
For Deltona:
Deltona utilities, Inc.
1000 Color Place
Apopka, FL 32703
Attention: Charles E. Woods,
President
Nothing herein contained shall be construed aspreventi.ng the parties
from changing the place to Which notice must be addressed, but no
notice of change will be valid unless given in accordance to the
terms of this paragraph,
20. If a portion of this Agreement is held by the court or the
Florida Public Service commission to be legally invalid or otherwise
ineffective, the remainder of the Agreement shall not remain valid
unless agreed upon by both parties hereto,
a of 10
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Agenda Item No, 17G
July 26, 2005
Page 206 of 286
21. All costs and expenses associated with the terms and
conditions set forth herein are to be paid by Deltona without
reimhursement by the District, unless specifically provided otherwise
herein.
22. This Agreement constitutes the entire Agreement between
District and Deltona with respect to the subject matter referenced
herein. Any amendment hereto shall be in writing.
23. Failure by either District or Deltona to comply with or
delay by either party in performance of, any terms or conditions of
this Agreement shall be excused if and to the extent the failure or
delay is caused by acts of God, wars, fires, strikes, floods,
weather, or any law, rule or regulation, or the order of action of
any court or agency or instrumentality of any government, or any
other cause or causes beyond the control of the party hereto
responsible for or charged with the failure or delay.
24, This' Agreement and the rights of the parties hereunder
shall be deternlined in accordance with the laws of the State of
Florida.
IN WITNESS WHEREOF, the parties hereto acting under the
authority of their proper or fully authorized officers and/or
representative have caused this Agreement to be duly executed the day
and year first above written.
9 of 10
Agenda Item No. 17G
July 26, 2005
Page 207 of 286
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.LIn 1.>1._,- lnedi;lg of -""~h' 7.J;. ~.. ( '"
Board of County Commissioners
of Collier CountYI Florida, as
Ex-Officio the Governing
Board of the Collier County
Water-Sewer District and the
Marco Island Water-Sewer
District /J.
/J-JI./~
Burt L. Saunders, Chairman
A'I"l'ES'f:
JAMES C. GILES, Clerk
BY:
~I
Attorney
Marco Island utilities,
a division of Deltona
Utili~ nc.
...-
E. Woods, President
...-:7'
,./"/
~~~... /e:---~- BY:-'
wi tness..'---------..-......'-..'- -----_ Charles
---..,.
4!//f!L
Witness I
A T'fEST :
#t-~j~~
K rIa Olson Teasley
Assistant Secretary
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No 17G
Agenda Item 6 '2005
July 2 'f 286
Page 208 0
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~....1 C f</ Ar. Agenda Item No, 17G
, L, July 26, 2005
Page 209 of 286
AGRE:EKENT
THI'S AGREEMENT lIlada and entered this
r)b
day of
c' ,-
~/;.-/./ 1994, by and between the Board of County
p;/ ,//
Col1Utl,rssioners of Collier County, Florida as the Governinq Body of
collier county, Florida, as Ex-Officio the Governing Board of the
collier County Water-Sewer District, and as Ex-Officio Governing
--
'.
aoard of the Goodland Water District herainafter referred to as lithe
coun<::y", and Southern states uti.Li.ties, Inc, as successor in intereat
t.O Deltona Utilit.ies, Inc., by statutory merger, hereinafter referred
to as "SSU" aut.horized to do busine5s at 1000 color Place, Apopka,
Florida 32703.
W t T N B S S Z T K
W1JEREAS, the county presently supplies potable water services to
customers in the urban area of Collie.r county, Florida; anCl
WHEREAS, SSU owns and operates a potable water utility system on
Marco Island, Florida, a portion ot which is adjacent to the county's
service area; and
W1iEREAS, the County and i SSU entered into an agreement for the
,
delivery of water service on April 2, 1980; and
WHERE1\.S, the county and SSU entered into the FIrst Amendment to
Agree1ll8nt on May 31, 1993; and
W11EREAS, the County must obtain a source of potable water
capacit.y to supply future cust.omers living 1JH:hin the Key Marco
Development. the Goodland Water District, and t.he G00dland area,
which are located in the County's service area; and
W1IEREAS, the County has l'!;,qucstcd that SSU turnish bulk pota.ble
water service to the county from SSU's existing facilities lo~~.~d in
j,1d!'CO Island, florida, '~O en,,;,\l.:; Lllc count', to provide: set'Vlce to U1'-'
Fe
r,i,-..,.,
Dc':el:-.>t:<:::6.::'nt.
f~S r1PSC~'} bed
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her-stc"t.hc; Good}~nd ~Jat€r Ojst~ict i;)nd thr:? Grn5dland ~.r~...:., \";1:':;-)
consists of t\,lO (.2) marina properties described in Exhibits fiB" and
"e", and
WHEREAS, SSU has a supply of pota~le \,later in its distribution
system sufficient to accommodate the needs of the County, and ssa is
villinq to furnish potable \,later to the County from this system; and
WHEREAS, the County and SSU \,Iish to replace the previous
agreement dated April 2, 1960, and the First A.'I1endment to said
Agreement, with this Agreement.
NOW, THEREFORE, the parties hereto, in consideration of the
keeping and performing of their respective obligations as hereunder
set forth, agree each with the other as follovs:
ARTICLE I
1.1 The County agrees to design or have designed all potable
water facil ities necessary for connecting the County to SSU'1i
existing potable water utility system.
1.;2 'I'll. County agrees to obta.in lor have obtained all approvals
from l:'C<Jullltory bodies and all permits necessary tor installing
potable water utility facilities in accordance with this Agreement,
1.:J Pursuant to the Agreement dated April 2, 1960, SSU has
installed a water metering device located on SR 92, 1,7 miles west of
Goodland bridgcj which ....as previously paid for by the County,
1,4 The County's allotment of potable water under this
Agreement shall be 30,000.000 gallons per month,
ARTICLE II
2. 1 SSU agrees that there shall be no connection charge or
impact fee imposed for tbe delivery of potable water by ssu to the
County in accordance with this '\greernent.
SSU agrcas that the
connection charges have been prepaid by Key Marco devalopers,
2.2 SSU agrees that the measuring device pnovic,usly installed
shall remain suitable for billing purposes and shall be capable of
indicatIng the volume of (low wlth an error not In eXC~5S of plus or
l1\lnU$ V...o percent (2l) of '-he full ",calc reading of the device. If
:: ..
Agenda Item No, 17G
July 26, 2005
Page 210 of 286
Agenda Item No. 17G
July 26, 2005
Page 211 of 286
the Illcasurinq device faUs to re91Gt4r for any period, the AlOount of
water turn1sned during such period shall be deemed to be th. .aount
of water delivered in the corresponding period i~ediat.ly priQr to
the failure, unless SSD and tha County agreo on a dlifferent AllIount,
2.3 saD agr... that, on or about the titte.nth (15thl day of
a.eh Illonth, it s1'u, 1 tread the a.asurin", d..vie. to detat'Wiin. the
yolulRe of ....at.r used. by county during the previous IIOnth. On "or.
about the tirst (1st) day or each Illanth, SSU will furnish the county
with An itelllized state18ent of the alnQunt of water furnished to the
County during the precedinq month, If the county shall at any time
question vhether the _tering cleviee ia reqistering' correctly, the
County shall have the right, upon 'lllAkinq written request to ).5U, to
have such measuring device tested in the presence of a representative
of the county and 1tt AS is. result 1ft. such testing' such meter or
meters shall be found to b. within two percent (2\) of the accurate
or true reading; the cost of such test shall be borne by the County
but otherwise shall ~ paid by SSU, Shoulc2 any test or tests shov
such lIIeasurinq device to be sUbctantiDlly inaoourate, computations
for water previouslY delivered since the last preceding monthly aetar
raa4inq shall be adjusted accordinqly.
2." ssu shall own and ilc;rrccs to b. solely responsible tor the
operation and maintenance of the ~ea$urin9 device installed in
accordance with this Aqreement,
2,5 sse llqrees that the charCjj'.. for turnltd'l,tnqpotAble vater to
the County shall be based upon its existing eOll\lllercial rat.. as
established by th. Florida Public service COll\lllission in amounts up to
:lO,OOO,OOll qallons per Iltontb. Quantities in.xc... of 30,000,000
gallons per month shan be provider:! upon availabilIty. san aqrees
not to increase the rates except pursuant to the approval and order
ot the 'Florida Public service Commission or its successors.
)\R'l'lCU: III
:1.1 Both p<lctic6 Agree that this AgreeMent shall continue in
f~rc. as lcnq .. 5S~ h:s eut~D=lty to prcvida water tre3t=.~t service
J -
Agenda Item No. 17G
July 26, 2005
Page 212 of 286
or until County can pro....ido water serviee.
UTICLE IV
4,1 SSU and the county mutually agree that all ot tne tenm,
covenants and conditions herein c~ntained are, and shall be binding
Upcln the respective representatives, suc:e...ors and assiqns of the
County ana of SSU,
<I.: It either party desires to qive notice or to make any
tlill'lder to the oth.r, such notice or such tender must. be in wri tin';J
and 1Jhall be deemed qiven when deposited in the united States
certified mail, return receipt requested and addressed to the party
tor whom it i. intended as follows:
Collier County Utilities
305Q North Horseshoe Drive
Suite 290
Naples, Flo~ida 33942
ATTENTION: Utilities Adll1ini.t~/ltion
Southern states utilities, Inc.
1000 Color place
Apopka, Florida )2703
Nothlng here shall be oonstruad as preventing the par~ies from
changing the plaC4l of ""hich notice must be addres.ed, but no such
notioe of change shall be valid unless given in accordanoe with the
terms ot this paragraph.
4,) This instrument contains the entire aqree~ent between the
County and SSU and Set'gA" and extinquishes any and all prior
negot lations aoo Aqreements pertaining 1:0 the prOVision of ",ater
service, The Agreement dated April 2, 1980, and the First Amendment
to said Agreement, betveen the parties is hereby re.C:inded and
replaced by thia Agreement, No llIodiflcations hereto shall be valid
unless it is in writing and signed by both SSU and the County.
4.4 Failure of either the County or ssu to co_ply with or delay
by either party in pert'ormance of any term or conditions o( this
1'.qr~en"",t shllll be excused if and to the extent such failure or
delays "1'e caused by acts of God, wars, strikes, (ire$. floods,
weather, supplies, breakdo....ns or shutdowns of equ ipment. f "ll 1 IJre and
caf'-acit)' of trllnspoc-tation facilit.ie$,
01:' an.,' 1.1<'.
ru 1 e or
- .; -
Agenda Item No. 17G
July 26, 2005
Page 213 of 286
rli\9Ulation, 0[' the order or a<:tion of any CQurt or 11gency of
instrueentality of any qovernaent, or a.ny other CAUS. or beyond the
control or the party hereto responsible tor or charqed with such
failure or delay.
4,5 The County agrallli t.hat at least one hundred ei,ghty (80)
day. prior to the estimated date ot co~pletion of construction of the
County'. water supply distribution system, the county will notify SSU
in writinq ot the date for the initial delivery ot water.
4.6 ssn aqrees to, at all tillies, operate .nd lIlaintain its
system in an efticient ..nn...r and will take such action a5 lIIay be
necessary to turniah the county with the quantities ot vater required
by the county. Temporary or partial tailures to delivar water shall
be r_odied with &11 possible. diSpAtch. In the event of an ext.ended
shortage ot vatar, or if the supply of water available toSSU is
otherwise diminished over an extended period of time, the supply of
wate.r by SStl to tha cou.n.ty'li oonSUIlI$rs &hall be reduced or dll:1ilnished
b)' SStl in the Ga.. ratio or proportion as the supply to S5U' G
consumers is r.dueed or diminished.
.. .7 The Goodland Distriot and SSU recognize that the ex1stil\9
GoQdland Water S1stell including the pump ataUon and w_"r tank was
constructed by the county and is financed by a 104ln lIad. or insured
by, andlor ill ..rant froll, the United stat.s ot ....eric., actinIJ through
the Farmers Home Adainistration ot the United state. oepartmunt of
Aqr!oulture, .n.d the provision hereot pertaininq to the undertakil\9
of the County are conditione4 upon the approval, in writing, of the
Dist.rict oirector of tbe TU'lIIll1:'S HOllle Administration,
4.6 Tbe coodland Dililtr10t and SSU i!l9ree that the GOodhnd Water
Dist.rict has pledqed its rights under this Agreolllent to the Unit$d
states ot ~erica, actinq through the Farmers Ho.e Administration ot
the United states Department of Agriculture, all s..cudty forth... loan
de$cribed in paraqraph 4.1 of t.his Agreement.
~ -
Agenda Item No. 17G
July 26, 2005
Page 214 of 286
IN WITNESS WHEREOF, the parties hereto, actlnq under authority
ot' their respective authorized ot'tices. have caused this AqnulIllent to
be duly oxecuted the d.y and year first above issued.
i. T'l'.esT:
SOUTHERN STATES UTILITIES, life,
,~~. ~ .:7~
S cretary
~~
~. .
BY:~. ~
(SEAL)
A'M'EST:
DWIGHT E, BROCK, CLERK
BOARO OF COUWry COMHISSIONERS AS
'!'HE GOVERNING BODY OF COLLIER
COt1N1'Y, FLORIDA, AND AS EX-oFFICIO
TH~ GOVERNING BOAJU> OF'I'Mt' COL~lER
cotlNTY WATER-SEWER DISTRICT AND- As:
Ex-a.'FIerO'Tali: GOnMINC BOARD OF' \
TIlE ~OOOl:..lU/tl WATER DISTRICT "
~ /j
, ~~
:~'H ,~CN
BY:
Appro1led a.'to f'o~ and
1e9a1 sutticiency:
TttllO
./
FARMERS nOKE ADMINISTRATION
.y,~
TITLE: -- .
ACItNOWLEDt.:K'E1I'r AND NOTAJl.Y
srATE OF FLOiUOA )
COUNTY OF COLLIER)
I HEREBY CERTIFY that on this day, bet'Onll lila, an ot't'icer duly
authorized in the State atoresaid and in the County atore~aid to take
acknow1edql1l&nts, parsonally appl>ared, 1:.;;;("f""'Y-' I... a.....'i-liv~ ,
\lell kno\ln to me ;/'}~ be the -12!Jt.<,.~r ~~ ~'rd:1Oi,.. of
.....J1..?'P:tt -r"""'(<'$ ~ML ~-""Jii~~"'l..._ , and that he, aa
such-"-Qfticer, balnq /lut orlzed 80 to clo, execute4 the t'orclJoinq
instru~ent tor the purposes therein contained, under authority duly
vested in hilll by said corporation and that the ..al attixed hereto is
the true .eal of said corporation.
WITNf;SS oy han~ and otf icia 1 s.e.a.l in lhtl Ci:o\Jnt}. ;:r:d St..'-:a last
afore&ilid this .....:..:::..!. day of J~!f.!..S2':,.. . 1993/.
,
._.~__~."-H-'''''~''' ~;./' "~''''''''_''''~
ilCJLaq' publ i<:
My Commisslon LApires:
"" ...~} ........., ....., ".. .....~ ....~ ."' """'1" t.
"~/ rll"'11~,:0
- l..--
Agenda Item No. 17G
July 26, 2005
Page 215 of 286
Collier County
Potable Water Wells
Facilities Plan
June 2005
Agenda Item No. 17G
July 26, 2005
Page 216 of 286
Collier County
Potable Water Wells Facilities Plan
June 2005
County Manager
Collier County
James Mudd
Public Utilities
Administrator
Fiscal Operations Director
Principle Project Manager
Project Manager
Project Manager
Jim DeLany, PE
Tom Wides
Bill Mullin
Peter Schalt
Karen Giuliani
Consultant
Client Manager
Director of Planning
Planning Coordinator
Angie Brewer & Associates, L.C.
Angie Brewer
Mark Brewer
Ted Fylstra
Shaila Sateesh
COM Missimer
Wellfield Program Manager
Donald Lindeman
Greeley and Hansen LLC (Greeley and Hansen)
Hazen & Sawyer
ii
Agenda Item No. 17G
July 26,2005
Page 217 of 286
Table of Contents
List of Appendices........,..,."..,...., ",........... .....,.......,...,.,..,..,......... .......,..,....,....,.. vii
List of Common Acronyms..., ,...,..,.........,...............,.".......,....". ."..........,..,. ,.. ..,. viii
List of Common Acronyms - Continued..... ....' ...................... ..,....................... ...... ix
Acknowledgements,.................,..,.. ....,.............................., ..,.........,........... ........... x
Section 1 - Executive Summary. ..... ....................... ....,....................... ..................1
1 . 1 I ntrod uction .. .. ..,. ,.., .. ,.. .. .... .. ...... . .. ..... ....... .. .. .... .. ...,.. ....,... . . .. ... 1
1,2 Existing Water Supply and Distribution System..,..".......,....... 1
1.3 Need for the Project.. ,................ ,..,........ ........... ...................... 3
1.4 The Selected Plan............... ,........... ...... ...., ..... ,.....,... ....... ,..... 3
1.4,1 Tamiami Well 34.. ................... ...,....,.... ............... ...... .............. 3
1.4,2 Tamiami Wells 35 and 36.........,...........,................................. 3
1.4,3 Hawthorn RO Wells 18-20......,...............,......... .....,.................3
1.5 Financing the Improvement Project ....."..,.......,......,......,........ 4
Section 2 - Introductions. ....... ,....,....... ............ ..... ,..,..,.......",...,..... "..........."...... .,5
2.1 Background..,.... ...,.......... ,...' ....,. ,....... ....... ,..',... ....,..' ..........,.. 5
2.2 Planning Area and Need..................,.........,............,....",....,.., 5
2.3 Scope of Study......................".........,......,....,..................,...... 5
Section 3 - Existing Conditions.... ............ ............................................... ....,.........6
3,1 Description of Planning Area ...,...........,....,..,.....,..,................ 6
3.1.1 Surface Area.................,.,......,.............,..,....,.............,....,...... 6
3,1,2 Climate,...... ..................... ,....,...... .......... ....' ..,.. ,........... ,......,.. 6
3.1,3 Topography and Drainage ..............,..,.,.....,...........,.......,......,.6
3,1.4 Geology. Soils, and Physiography.....,.................................... 7
3.1.4,1 Pamlico Sand ."............,..,................,..................................., 7
3.1.4.2 Fort ThompsonlTamiami Formation.,.................................... 7
3.1,4.3 Hawthorn Group ................,.......,.................,......,................. 8
3,1,4.4 Suwannee Limestone .......,......,......"...,..................,..........,.. 8
3.1,4.5 Oeala Group.......... ,.... ............ ..............,.. ,..' ...... ........ .........,... 8
3,1.4.6 Avon Park Limestone.................,..................,.........,..........".. 9
3,1.5 Surface and Ground Water Hydrology ....,...."........."......,.....10
iii
3.1.5.1
3.1.5,2
3.1.6
3.1.6.1
3.1.6.2
3.1,6.3
3.1.7
3.1.8
3.1.9
3.2
3.3.
3.3,1
Agenda Item No. 17G
July 26, 2005
Page 218 of 286
Ground Water Systems... ..,.,.........,............,...,... ..,..,........... 10
Surface Water Systems.."................,......... .,...... ,..,.'.. ,........ 10
Ecology .............,..............,................,.................................,. 1 0
Environmentally Sensitive lands .......,...............,................ 10
Wetlands".."..... ,..,...,.. ".. ,'..,..., ",.,'...,..., "...............". .".,..,. 13
Plant and Animal Communities.......................................... 13
Air Quality.,....,........... ......,...."........,........ .......,.,................... ..14
Archeological and Historic Sites ......., ...,.........,........,."...........14
Flood Plain....,..,........, ....,.....,............. ...,. ...,..............,........,...14
Organizational Context ..........".......,...............,......,.. 16
Socio-economic Conditions ....,.......... ,............. '............ ..,..... 19
Population..,..............,.... ,........... .....,............ '............ ,.. ..,.,. 19
3.3,2 Economy..,.........................,...............................,19
3.3,2 Economy,....."................., ,. ..,......,. ..."....,........,....... ...,..,..., ...20
3.3.3 land Use and Development............................ ..,............ ..... ...21
3.4 Surface and Ground Water Quality and Uses".............. 24
3.4.1 Surface Waters ........ .,.................."................,.... ...... ....,.......... ..24
3.4.2 Ground Waters .,...... ,..,............,.....,...,.. .."......, ,....,.....,., ,..... .25
3.4.3. Water Quality Test Results Table ....,............................,.......26
3.4.4 Sourcewater Protection. ...........,...,. ,............. ...........,........... ..... ..29
Section 4 - Water Supply, Treatment, and Transmission/Distribution System ....30
4. 1 Descri ption of the Existi ng Water System...........................,' 30
4.1.1 Raw Water Supply Wells....,.... ,........ ,... ..,......,............. ....... ..,.......30
4,1.2 Raw Water Supply Flows ............................................"...........32
4.1,3 Raw Water Supply Water Quality ............................................32
4.1.4 Water Treatment Plants... ............. ........ ................ ...... ......... ..32
4.1.4,1 North County Regional Water Treatment Plant .................. 32
4,1.4.2 South County Regional Water Treatment Plant..",.....,.... 33
4.1.5 Transmission and Distribution System..".............................33
4.2 Present and Historical Water Usage.....".......,....,..,.............. 36
4,3 Performance of the Existing Water System ...................,.. 36
iv
Agenda Item No. 17G
July 26, 2005
Page 219 of 286
4.3.1 Well Supply and Raw Water Pumping ,...............................,......,..36
4,4 Wellfield Protection ..... ..,......... ......... ..,..,.. ....,..,.... ...... ......... 36
4.5 Operation and Maintenance Program......,.....,.....,.,....."..... 37
4.6 Water Demand Projection.............................................,..... 37
4.7 Need for Facilities................,............................................. 38
Section 5 - Water Program Alternatives......."......... ..... ..............................,... ....39
5.1 Introduction,.... ,......".... ,....,..,.......... ."..,....... ......,...,..,...."...,' 39
5.1,1 Tamiami Well 34 ,.....,........,......... ....,. ......... ...... ......... ......... ....39
5.1,2 Tamiami Wells 35 and 36...............,..........,..,..........".....,......39
5.1,3 Hawthorn RO Wells 18-20,..,.........................,.......................39
5.2 Alternatives: ...............................,.......,....,....................."...... 40
5.2.1 Alternative to Well No. 34-36:.................................. ......................,..,.40
5.2,2 Alternatives for the Lower Hawthorn RO (18-20) project:..............."...40
5.2.3 Alternatives for the Hawthorn Zone 1 (114. 115. 116):..,........,...,.......41
5.2.4 Alternatives for the 1ih Avenue Tamiami Interconnect Project: ..,....,.42
5.2.5 Alternative 3 (all projects) - No Action .....,.......................,.............43
5,3 Summary of Alternatives,... ..,................... ..,............. .........,.., 43
Section 6 - The Selected Plan ............,.........,..........,...,..,...,..,................,...........44
6,1 Introduction. ....., .......................... ..,......... ,..,...... ...,....... ..,...... 44
6.2 Selected Water System Improvements Site Plan ..."....,....... 44
6.2.1 Tamiami Well 34 ......,....... ,..,... ........' ,.... .............. ,............. ..,..44
6.2.2 Tamiami Wells 35 and 36"...................,.......,....."................,44
6.2,3 Hawthorn RO Wells 18-20,......".....,.."......,...............,.....,...,,44
6.3 Selected Plan Costs .. ,... ,........,.,................... ................. ....... 50
6.3.1 Tamiami Well No, 34........................ ....... ....... .........,... ......,.............. .50
6.3,2 Tamiami Wells 35 and 36 ...........,..........................................51
6,3.3 Hawthorn RO Wells 18-20.........................,.....................,.....52
6.3.4 Hawthorn Zone 1 Wells 114, 115 and 116......................,................... 52
6.4 Consistency with the Comprehensive Plan,............,....."....., 54
Section 7 - Implementation and Compliance ,................,..........,............,............55
7.1 Public Hearing/Dedicated Revenue Hearing ..,...............,...., 55
v
Agenda Item No. 17G
July 26, 2005
Page 220 of 286
7,2 Regulatory Agency Review.......................... ..,..........,. .......... 55
7.2.1 Florida Department of Environmental Protection .................,.55
7.2.2 Florida Department of Health....................,........,...,...............56
7.2.3 Water Management District. ..,.. .......... .....,.............,..,.... ..'. ....56
7.2,4 United States Environmental Protection Agency ..",.....,........56
7.2,5 United States Army Corp of Engineers .........................,........57
7.2.6 Compliance with Air Quality- Clean Air Act Amendments ,...57
7.2,7 Compliance with the Florida Safe Drinking Water Act ...........57
7.3 Institutional Arrangements,..., ....,......... .........,..... ,.......,........,..... ..,........,... 58
7.3.1 Inter/ocal Agreements ..........,..................... ....................... .....58
7.3.2 Ordinance and Resolutions ...................................... ,.......... ..58
7.4 I mplementation Responsibility.,.........,.............,............"...... 58
7.5 Implementation Schedule................................ '........ '.... ......, 58
7.5.1 Schedule................,.., ,.....,............. ,...,.....,..........,............. .....59
Table 7-1 ........,..,....,.....".,..,..........,......................,...,..."....,..,.............,.......,....,.. 59
7.6 Compliance,.,....,..."......, ..,.. ,...,....,..,..,. ..,...............,...... .,..,... 59
Section 8 - Financial Planning................................,........... ...". ...... ...., .........., ....60
8,1 General......,.... ....,....., .............. ............... ,..,..., .,.., .......,......... 60
8,2 Projected Costs................. '..... ,.....,.................,... ,....,... ........ 61
8.3 Financing Capital Improvements ..,.....................,.......,..,...... 61
8.4 Operation. Maintenance. and Replacement Costs ............... 62
8,5 User Charge System and Costs ."...................................,.... 62
vi
Agenda Item No. 17G
July 26, 2005
Page 221 of 286
List of Appendices
A User Charge Rates
B Business Plan
C Sanitary Survey Report
D Utilities Ordinance
E Interlocal Agreements
F Public Facilities Element (Comprehensive Plan)
G Intergovernmental Service Delivery Agreement
vii
AADD
ADD
AM SA
ASR
AUIR
BEBR
CDES
CIE
CIP
CMOM
eMS
DIW
CR
EAR
ERC
FAC
FDEP
FGUA
FY
GASB
GIS
gpcd
gpd
GPS
L1MS
LOSS
MG
mg/L
MGD
mL
List of Common Acronyms
Annual Average Daily Demand
Average Daily Demand
Association of Metropolitan Sewerage Agencies
Aquifer Storage and Recovery
Annual Update and Inventory Report
Bureau of Economic and Business Research
Community Development and Environmental Services
Capital Improvement Elements
Capital Improvement Program
Capacity, Management. Operation, and Maintenance
Concurrency Management System
Deep I njection Well
County Road
Evaluation and Appraisal Report
Equivalent Residential Connection
Florida Administrative Code
Florida Department of Environmental Protection
Florida Govemment Utility Authority
Fiscal Year
Governmental Accounting Standards Board Statement 34
Geographic Information System
Gallons per Capita per Day
Gallons per Day
Global Positioning System
Laboratory Information Management System
Level of Service Standard
Million Gallons
Milligrams per Liter
Million Gallons Per Day
Milliliters
Agenda Item No. 17G
July 26, 2005
Page 222 of 286
viii
MMDD
MSL
NCRWTP
NERWTP
O&M
PBWRF
PUD
RFP
RIDS
RO
SA
SAP
SCADA
SERWTP
SOP
SRF
TAZ
USACE
USEPA
WRF
WTP
List of Common Acronyms - Continued
Maximum Month Daily Demand
Mean sea level
North County Regional Water Treatment Plant
Northeast Regional Water Treatment Plant
Operation and Maintenance
Pelican Bay Water Reclamation Facility
Public Utilities Division
Request for Proposal
Regional Irrigation Distribution System
Reverse Osmosis
Service Area
Systems Application Project
Supervisory Control and Data Acquisition
Southeast Regional Water Treatment Plant
Standard Operating Procedure
State Revolving Fund
Traffic Analysis Zones
United States Army Corps of Engineers
United States Environmental Protection Agency
Water Reclamation Facility
Water Treatment Plant
Agenda Item No. 17G
July 26, 2005
Page 223 of 286
ix
Agenda Item No. 17G
July 26, 2005
Page 224 of 286
Acknowledgements
This document was prepared by Angie Brewer & Associates, L.C. for Collier County.
The background information, engineering and design plans contained within this
Facilities Plan are a summary of information provided by Collier County. Greeley and
Hansen LLC (Greeley and Hansen), COM Missimer and Hazen & Sawyer.
Reference is made to Collier County Wastewater Master Plan Update. dated May 25,
2004, portions of which are incorporated throughout this document. Reference is also
made to the Collier County, Florida, 201 Facilities Plan Update dated 1997 from which
portions are incorporated within,
x
Agenda Item No. 17G
July 26, 2005
Page 225 of 286
Section 1 - Executive Summary
1.1 Introduction
To face the challenges of providing an adequate, reliable source of potable water to its
citizens, Collier County has a vision for water facilities to serve its citizens in an
environmentally and fiscally sound manner, The 2003 Water Master Plan Update (Greeley
and Hansen) established that vision with the goal of providing a guide for water facility
planning for the next 20 years.
This particular document discusses the need for potable water wells,
1.2 Existing water Supply and Distribution System
Collier County provides potable water service within the Water-Sewer District boundary,
which has been established and adopted by the Board of County Commissioners in
accordance with Florida State Statute 153,53 entitled "Establishment of Districts in
Unincorporated Areas."
As shown on Figure 1-1, the current Water-Sewer District boundary area is bounded on
the north by Lee County, on the south by the Marco Island Service Area, on the west by
the City of Naples Service Area and the Gulf of Mexico. and on the east by the Urban
Planning Boundary. including Rural Fringe Areas. Within the Water-Sewer District
boundary. the Water Service Area does not include the Orange Tree area or those areas
within the County currently served by the City of Naples or the Florida Government Utility
Authority.
1
Agenda Item No. 17G
July 26, 2005
Page 226 of 286
Figure 1-1
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FIQUE 1-1
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CITY ar -.......:.
-
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k.~ ~ __1'IDl AND
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WA lER SERVICE AREAS ~c~~ ~="oa.AR1lIENT
.III.....V AND MAN... ... =: ~ER IMSlER PLAN UI'IlATE
RUt ~ U I
II
2
Agenda Item No. 17G
July 26, 2005
Page 227 of 286
1.3 Need for the Project
The County has experienced problems with some of the existing production wells in the
both the Tamiami wellfield site and the Hawthorn wellfield site that require periodic
maintenance to keep them operating at peak efficiency. In order to maintain production
capacity and system flexibility, additional reliability improvement wells need to be built.
The improvements are necessary to continue providing a reliable adequate supply of
potable water to the citizens of Collier County.
1,4 The Selected Plan
1.4.1 Tamiami Well 34
Installation of an additional reliability improvement well within the Golden Gate Wellfield.
The well will be tied into existing raw water transmission piping at the site,
1.4.2 Tamiami Wells 35 and 36
Two additional reliability improvement wells will be built at the Tamiami wellfield at the
NCRWTP. The wells will be tied into existing raw water transmission piping at the site.
1,4.3 Hawthorn RO Wells 18-20
Three additional reliability improvement wells will be built in the Lower Hawthorn wellfield
at the NCRWTP. The wells will be tied into existing raw water transmission piping at the
site.
1.4.4 Hawthorn Zone 1 Wells 114, 115 and 116
Three additional reliability improvement wells will be built in the Hawthorn Zone 1
wellfield, The wells will be tied into existing raw water transmission piping at the site.
1.4.5 12th Avenue. Interconnect Booster Pump Station
Install a booster pumping station with a connecting pipeline down 12th Avenue.
3
Agenda Item No. 17G
July 26, 2005
Page 228 of 286
1.5 Financing the Improvement Project
During the preparation of this plan, it was necessary to begin the implementation of those
projects listed in items 1.4,2. 1.4,4 and 1.4.5. Therefore, the County has committed its own
funds and SRF funding is not being sought for these projects,
For the regaining two projects, Collier County is seeking consideration for low-interest
State Revolving Fund (SRF) Construction Loan funding from the FDEP in the amount of
$8,700,000 based upon preliminary planning efforts. SRF funding source will be
instrumental in allowing Collier County to proceed with these projects. These funds will be
used for Project 701582, 2005 Well Replacement Program; Tamiami Well #34 and Project
710061. 2004 NCRWTP RO Wellfield Reliability; Lower Hawthorn RO Wells 18, 19 and 20,
This action supports the County's intent to secure maximum eligibility for all anticipated
drinking water construction projects utilizing the lowest cost funding available.
The construction cost of the above projects, including construction of Tamiami Well #34
and Lower Hawthorn RO Wells 18, 19 and 20. will be approximately $6.053,000, Adding
allowances provided for in the SRF program, the anticipated loan value is $8,700,000.
The anticipated SRF interest rate is 2.67%. As the SRF Rate may fluctuate by calendar
quarters, a rate of 3% will be used to calculate the anticipated annual payments of
$580,000, which also includes required coverage (120%). The estimated cost savings of
using the 20-year SRF Loan for project funding is approximately $2.5 million versus a 20-
year bond at current market rates.
4
Agenda Item No. 17G
July 26, 2005
Page 229 of 286
Section 2 - Introductions
2.1 Background
The County has initiated a phased program to replace existing wells to improve
reliability. The County has also established a guideline of providing for a 20 percent
reliability capacity for wells beyond that which is required to produce the permitted
capacity of the water treatment plant. Consideration has been given to interconnecting
the north and south wellfields. A better strategy appears to be expanding the north
wellfield to add more reliability wells to the north and east. The result of adding more
reliability wells will be access to more water, whereas an interconnection would only
result in more access to the same water,
2.2 Planning Area and Need
As shown on Figure 1-1, the current Water-Sewer District boundary area is bounded on
the north by Lee County, on the south by the Marco Island Service Area, on the west by
the City of Naples Service Area and the Gulf of Mexico, and on the east by the Urban
Planning Boundary, including Rural Fringe Areas, Within the Water-Sewer District
boundary, the Water Service Area does not include the Orange Tree area or those areas
within the County currently served by the City of Naples or the Florida Govemment Utility
Authority .
The County has experienced problems with some of the existing production wells in the
both the Tamiami wellfield site and the Hawthom wellfield site that require periodic
maintenance too keep them operating at peak efficiency. In order to maintain production
capacity and system flexibility. additional reliability improvement wells located at the
NCRWTP need to be built.
2.3 Scope of Study
This Facilities Plan concentrates on the need for reliability wells.
5
Agenda Item No. 17G
July 26, 2005
Page 230 of 286
. Section 3 - Existing Conditions
3.1 Description of Planning Area
3.1,1 Surface Area
Collier County has a surface area of approximately 2,025 square miles,
3.1.2 Climate
The temperature in the Naples area averages between 73 and 75 degrees on an annual
basis. In the winter, the maximum temperature is usually in the high 70's. however there
are rare days when the temperature does not climb out of the high 50's or low 60's,
Summer temperatures average in the high 80's.
Precipitation in Collier County exhibits a seasonal variation with the wet period occurring
between June and September, Average rainfall is about 56 inches per year in Naples,
3.1.3 Topography and Drainage
Collier County can be divided into three physiographic regions: flatland, the Big Cypress
Swamp. and the coastal barrier islands. In the coastal regions, the elevations vary
between sea level to approximately 9 feet mean sea level (MSl). In the flatland. which is
generally located west of U,S. Highway 41, the elevations vary between 9 and 15 feet
MSl.
The Immokalee and the Arzell soils dominate the flatland, These soils are poorly drained
and the land surface is interspersed with numerous calcareous sloughs and swamps,
Mangrove swamps dominate the coastal inland regions. Narrow zones of tidal salt
marshes are often found between the mangrove swamps and freshwater marshes.
6
Agenda Item No. 17G
July 26, 2005
Page 231 of 286
Many drainage canals serve to drain the land surface of the planning area. The major
drainage basins are the Cocohatchee River in the northwest and the Golden Gate Canal
network and the Gordon River.
3.1.4 Geology, Soils, and Physiography
The hydrogeology of Collier County has been revealed through a number of investigations
originated by the U.S, Geological Survey, the South Florida Water Management District,
academic research. and by various consultants.
3.1.4.1
Pamlico Sand
The uppermost formation encountered in Collier County is the Pamlico Sand. The unit is
generally less than 5 feet thick. This surfical, Pleistocene-age deposit occurs throughout
most of South Florida. It is predominantly medium to fine grain quartz sand with varying
amounts of shell, detrital clays and organic constituents. These sediments are commonly
clayey and the development of soil horizons within the unit is common, Permeability is
generally low depending on the quantity of secondary constituents,
3,1.4.2
Fort Thompsonrramiami Formation
The Fort Thompson Foundation consists of six feet of alternating fresh-water, marine, and
brackish-water marls, limestones. shell beds and sand as the type found locally on the
Caloosahatchee River near LaBelle (in Hendry County). In Collier County, the Fort
Thompson consists chiefly of hard, sandy limestone and calcareous sand stone containing
pockets of quartz sand and thin beds of dense, hard fresh-water limestone,
The Tamiami Formation is below the Fort Thompson Formation and often includes three
distinct member units, These member units in order of increasing depth are the Pinecrest
Limestone, the Bonita Springs Marl and the Ochopee Limestone,
7
Agenda Item No, 17G
July 26, 2005
Page 232 of 286
3.1,4,3
Hawthorn Group
The Hawthorn Group lies unconformably below the Tarniami Formation. The Hawthorn
Group is regionally extensive and underlies most of Florida and parts of Georgia and
South Carolina. The Hawthorn Group includes both carbonate and siliciclastic rock and
sediment that are Miocene in age. The top of the Hawthorn Group occurs at a depth of
about 100 feet below land surface and extends down to a depth of about 700 to 900 feet.
3.1,4,4
Suwannee Limestone
The upper boundary of the Suwannee Limestone is marked by a change from the light
gray, sandy, phosphatic limestones of the Hawthorn Group to a tan. phosphate free.
calcarenitic limestone of the Suwannee Formation. The contact between the two
formations is also characterized by an abrupt attenuation of activity on natural gamma ray
logs, Although the contact between the two layers is unconformable throughout much of
South Florida. in the study area the contact can be somewhat gradational and is not
always obvious in the field,
The Lower Suwannee Aquifer is composed of interbedded limestones and carbonate
muds. Limestones in the lower unit are similar to those in the upper unit but typically
contain more lime mud and fine-grained phosphatic clastic material. The Suwannee is 350
to 400 feet thick in Collier County and occurs at a depth of about 750 to 900 feet.
3,1,4.5
Ocala Group
The contact between the Ocala Group and the overlying Suwannee Limestone is marked
by a change from tan calcarenite limestones and interbedded clays to very pale orange.
chalky coquina limestone accompanied by a slight reduction of activity on gamma ray logs.
The top of the Ocala Group is encountered at a depth of about 1300 feet with a thickness
of 250 to 300 feet.
8
Agenda Item No. 17G
July 26, 2005
Page 233 of 286
3,1,4.6
Avon Park Limestone
The Avon Park Limestone unit begins at about the 1600 feet level. Porosity in the Avon
Park Limestone is extremely variable because of variations in depositional textures that
range from mudstones to grainstones. degree of recrystallization of the dolomite and
degree of secondary dissolution. The thickness of the Avon Park Limestone ranges from
450 to over 700 feet in southwest Florida.
3,1.4.7
Soils
The soils of Collier County are predominately fine sands low in organic matter. Soil depths
vary from a few feet to ten to thirty feet in the western portions of the County. Most of the
soils have good, rapid internal drainage characteristics when dry; however. because of low
relief and a near surface ground water table, the soils have poor surface drainage, Many
of the soils are acid near the surface but become alkaline in subsoils that overlay
limestone. Listed in Table 3-1 Are some of the more common Western Collier County soils.
Drainage
Soli Type Relief Surface Internal
Coastal Beach Gentle Sloping Medium Rapid
Immokalee Fine Sand Level Slow Rapid Above Water Table
8t Lucie Fine Sand Low ridges, Hummocks Slow to Medium Rapid
Blanton Fine Sand Level to Gently Undulating Slow to Medium Rapid
Pompano Fine Sand Level to Depressional Very Slow or Ponded Rapid Above Water Table
Arzell Fine Sand Level to Depressional Very Slow or Ponded Rapid Above Water Table
Sunniland Fine Sand Nearly Level Slow Medium to Slow
Table 3-1
Western Collier County Solis
9
Agenda Item No, 17G
July 26, 2005
Page 234 of 286
3,1,5
Surface and Ground Water Hydrology
3.1,5.1
Ground Water Systems
Three major aquifers have been identified in Collier County, They are. in descending
order, the Surficial Aquifer System, the Intermediate Aquifer System and the Floridian
Aquifer System. The aquifer systems are typically well separated and pumpage from one
system usually does not significantly affect the others. Confining beds. which generally do
not provide complete hydraulic separation, but to varying degrees, allow water to leak
between the aquifers, separates the aquifers within each system. The rate and direction at
which leakage occurs depends on the vertical hydraulic conductivity of the confining unit
and the potentiometric head differential between the two aquifers, both natural and
pumping induced.
3,1.5,2
Surface Water Systems
The primary surface water drainage features of Coastal Collier County are well
established. Some of these features, such as the Cocohatchee River, Gordon River, and
Henderson Creek. are natural. while others, such as the Golden Gate Canal network and
the Cocohatchee River Canal are man-made. The man-made drainage features tend to
increase surface outflows from their drainage basins above the natural levels.
3.1.6
Ecology
3.1.6.1
Environmentally Sensitive Lands
Interest groups and governmental agencies have designated the environmentally sensitive
and critical areas of coastal Collier County, These areas are listed in Table 3-2 and shown
in Figure 3-1.
10
Figure 3-1
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CONSERVATION AND PROTECTION AREAS
11
Agenda Item No. 178
July 26, 2005
Page 235 of 286
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Agenda Item No. 17G
July 26, 2005
Page 236 of 286
The Big Cypress National Preserve and the Big Cypress Addition represent the largest
conservation and protection areas in the County representing 44 percent of the County's
land area, The Fakahatchee Strand State Preserve is also a large area reserved for
conservation purposes and amounts to an additional 6 percent of the County's land area.
These ecologically fragile areas have in common a need for varying amounts of
freshwater. Freshwater areas are vitally important to recharging the County's freshwater
and groundwater systems. Estuarine areas are vitally important 'nursery grounds' for
many species of marine life. both sport and commercial.
Collier County contains an assemblage of ecosystems that because of the variety and
rarity of the species and animals present is unique in the United States. Rare and unique
habitats within the County include costal dune and strand, xeric scrub and tropical
hammocks.
Table 3-2
Summary of Lands Reserved for Conservation and Protection Purposes
Designation Total Acreage
Belle Meade 15,767
Big Cypress National Reserve 428,912
Big Cypress Addition 146,130
Collier Seminole State Park 6,423
Corkscrew Regional Ecosystem Watershed 45,368
Corkscrew Swamp 10,560
Clam Bay Conservation Element 570
Delnor Wiggins Pass State Recreational Area 166
Everglades National Park 40,228
Fakahatchee Strand State Reserve 73,374
Florida Panther National Wildlife Reserve 29,410
Golden Gate Estates South 41,000
Lely Barefoot Beach Preserve 342
Rookery Bay National Estuarine Research Preserve 20,050
Iren Thousand Islands National Wildlife Refuge 20,000
12
Agenda Item No. 17G
July 26,2005
Page 237 of 286
3.1.6.2
Wetlands
Throughout the County one can find numerous pockets of wetlands. Most of these
wetlands are isolated with a few areas of major. connected wetlands, Major wetland areas
include:
1. Crew Marsh Management Area - Approximately 7.140 acres located northwest of
Lake Trafford along Corkscrew Road in Immokalee. The South Florida Water
Management District as part of the Corkscrew Regional Ecosystem Watershed
(CREW) purchased this property.
2. Bird Rookery Swamp Management Area - Approximately 5.552 acres located east
of Bonita Springs along Route 846. The South Florida Water Management District
as part of the Corkscrew Regional Ecosystem Watershed (CREW) also purchased
this property,
3.1.6.3
Plant and Animal Communities
The State of Florida and the United States recognize several wildlife species of plants and
animals as needing protection to ensure their continued survival. Their status in Florida as
endangered or threatened species is defined under the following conditions
· Endangered
Plants or animals in imminent danger of extinction or expiration if the deleterious
factors affecting them continue to operate,
· Threatened
Forms likely to become endangered in the near future if the casual factors now at
work continue to operate.
13
Agenda Item No. 17G
July 26, 2005
Page 238 of 286
Species that are endangered or threatened in the planning area include the Bald Eagle,
Florida Scrub Jay, Gopher Tortoise. and the Eastern Indigo Snake, The area also includes
habitat for wading and shore birds, common snook and West Indian Manatee.
3.1.7 Air Quality
Due to Collier County's employment base being limited industry. air quality is considered
good. The major source of air pollution in the area is automobile emissions. There are a
few asphalt and cement plants and incinerators that hold air pollution point source permits
in and surrounding the planning area.
The FDEP maintains one air quality monitoring station (AQMS) in Collier County, The
State identifies air quality standards for carbon monoxide. lead, nitrogen dioxide. ozone,
particulate matter and sulfur dioxide,
Air quality consideration in the County must follow the requirements of the Florida Air and
Water Pollution Control Act, Chapter 403. Florida Statutes, the Clean Air Act, Chapter 62-
640 FAC. and 40 CFR Part 503. Significant air pollution levels are not expected in the
foreseeable.
3,1.8 Archeological and Historic Sites
Collier County is home to five historic sites; the Ochopee Post Office, the Atlantic Coastline
Depot, Palm Cottage, Robert's Ranch, Smallwood's Store and the Old Marco Inn.
3,1.9 Flood Plain
According to the U.S.G.S. maps, approximately 90% of the Coastal Collier County
Planning area is in the 1 OO-year flood plain, Therefore, almost any additional development
will be in the flood plain, See Figure 3-2
14
Figure 3-2
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Agenda Item No. 17G
July 26, 2005
Page 239 of 286
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Agenda Item No. 17G
July 26, 2005
Page 240 of 286
3.2
Organizational Context
Collier County Government consists of a Board of five elected County Commissioners
who are responsible for enacting ordinances and resolutions that govern the county.
The County Manager is appointed by and reports to the Board of County Commissioners.
The Manager implements the policies and programs of the Board and provides general
management of county government.
The Public Utilities Division Administrator provides assistance to the County Manager in
implementing the policies and programs of the Board of County Commissioners as they
relate to Water and Wastewater
The Public Utilities Division also includes Engineering, Pollution Control, Solid Waste and
Utility Finance Operations.
The Public Utilities Division is an entirely self-supported enterprise system. The
Administrator is responsible for the operation and management of a potable water system
and a consolidated sewer system that currently serves over 197.700 water and sewer
customers within Collier County.
See Figure 3-3 for an organizational chart of Collier County and Figure 3-4 for an
organization chart of Public Utilities Administration.
16
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CITIZENS
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17
Agenda Item No. 17G
July 26, 2005
Page 241 of 286
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Agenda Item No. 17G
July 26, 2005
Page 242 of 286
Figure 3-4
PUBUC UTILITIES ADMINISTRATION ORGANIZATIONAL STRUCTURE - FY 05 - BY NAME
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18
Agenda Item No. 17G
July 26,2005
Page 243 of 286
3.3. Socio-economic Conditions
3.3.1 Population
In the 2001 and 2002 Water Master Plan Updates, high and medium population estimates
were developed in order to provide a range of future populations. The higher estimates of
this range for the water service area population were developed using a combination of
BEBR high forecast curves in the short term and BEBR average forecast curves in the
long term, The lower estimates of this range for the water service area population
utilized the BEBR average forecast curves throughout the planning period. Facilities
planning for both the 2001 and the 2002 Water Master Plan Updates were based on the
high population estimates,
For the 2003 Water Master Plan Update. only the higher estimates have been developed.
The reasons for this approach are twofold. First, recent data has demonstrated that actual
populations have more closely followed the higher estimate in the range of projections.
Secondly. the process to place a new water supply and treatment facility in service
requires a decision window of eight years from initial planning to completion of
construction, Planning for the high population estimate allows the County to stay ahead of
the demand curve, reliably meet the needs of the ratepayers and protect public health.
Table 3-3
Population Forecast
Area 2003 2005 2010 lOtS 2020 2023 2025 2030
\V ithin Exi:<.ting SA,
Excluding Rural I i3.9JO 188.700 228.:\00 266,600 297.40(1 31 ;,O()() 3oJO.OOO 359,)00
Frin.lolc
Wilhin Rural Fringe
and Future E.xtension 8..864 9.200 13,900 23,600 33,100 :\8.700 42.500 51.900
to Omnge Tree
Total Growth 182.794 197.900 241.200 290.200 ].JO,500 355..700 372.500 411.200
19
Agenda Item No. 17G
July 26.2005
Page 244 of 286
3.3,2 Economy
The economic landscape of Collier County is quite different from much of the country. Due
to the prosperous tourism market and the number of part-time residents, the local
economy experiences a strong positive seasonal factor during winter months, Employment
and sales figures increase sharply with increases in tourists and part-time residents.
The seasonality has, however, become less prominent in recent years as more part-time
residents are making Collier County their full-time home, This newfound stability has
spurred significant business growth in the area,
Collier County continues to have one of the strongest economies in the State of Florida,
with one of the lowest unemployment rates, highest rates of job creation. and average
wages in the top quartile of all Florida counties,
Collier County's strong growth in employment is largely due to consistent growth in its
finance and banking sector, Collier County annually accepts many new residents from
other areas of the country. With these new residents come the demands for new services.
Perhaps no industry, other than construction and real estate, benefits from these new
residents more than banking and financial services, Collier County's extraordinary wealth
has allowed banks in the area to flourish, and has provided the funds to lend credit to
growing businesses.
Collier County's deposits at local area banks have grown by more than 70% since 1992,
and as of June 30, 2002, there were $5,8 billion in total deposits in Collier County's 115
bank offices, (FDIC. 2003)
National business magazines have continually ranked Collier County as an excellent place
to do business, The growing population. ample supplies of labor, and the moderate
business costs make Collier County a premier choice for businesses.
20
Agenda Item No. 17G
July 26, 2005
Page 245 of 286
Collier County continues to have one of the fastest growing labor forces in the U,S. Fueled
by a fast growing population; the Collier County labor force has grown by 34% in the past
five years. and in 2002 totaled 117.278 persons,
In addition to one of the fastest growing labor forces in the U.S.. Collier County enjoys a
very low unemployment rate. In 2002, the average monthly unemployment rate was 4.4%.
well below the State of Florida average unemployment rate of 5,5% and the National rate
of 5.8%.
Collier County's largest employment concentrations continue to be in industries that are
fueled by population increase. The retail trade. construction. and hotel industries have the
most employees in Collier County, Those three industries combined employ more than
43,000 people in Collier County, The fourth largest industry in Collier County is the
healthcare industry, which employs more than 11,000 people, As the Collier County
population matures, employment in the healthcare industry will continue to a larger part of
overall employment.
3.3.3 Land Use and Development
Collier County encompasses approximately 1.327,020 acres, The four major land
components for Collier County. based on data from the Evaluation and Appraisal report
include; conservation/preservation lands (59.3%), agricultural lands (18.5%), undeveloped
lands (14%) and developed lands (8.2%). Please see Figure 3-5 for the County's Future
Land Use Map.
Various planning bodies project Land use within the planning area; however. future land
use must conform to the Collier County Comprehensive Plan and its objectives, The
Collier County Planning and Zoning Departments and the Board of County Commissioners
are the primary departments regulating the future development of land within the county,
21
Agenda Item No. 17G
July 26, 2005
Page 246 of 286
The land use categories are not expected to change or be modified in the Mure. Zoning
costs are expected to change for some sections of land as part of the Comprehensive Plan
efforts to provide a functional mix of living, working, shopping and recreational
environments in areas best suited for those activities.
22
Agenda Item No. 17G
July 26, 2005
Page 247 of 286
Figure 3-5
Collier County Land Use Map
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23
Agenda Item No. 17G
July 26, 2005
Page 248 of 286
3.4 Surface and Ground Water Quality and Uses
3.4,1 Surface Waters
All surface waters of the State of Florida shall at all times be free from:
1. Domestic, industrial, agricultural, or other man-induced non-thermal components of
discharges which. alone or in combination with other substances or in combination
with other components of discharges (whether thermal or non-thermal):
a, Settle to form putrescent deposits otherwise create a nuisance; or
b. Float as debris, scum, oil. or other matter in such amounts as to form a
nuisance; or
c. Produce color, odor, taste, turbidity. or other conditions in such degree as to
create a nuisance; or
d, Are acutely toxic; or
e, Are present in concentrations which are carcinogenic, mutagenic, or
teratogenic to human beings or to significant locally occurring wildlife or
aquatic species; or
f. Pose a serious danger to the publiC health, safety, or welfare,
2. Thermal components of discharges which alone. or in combination with other
discharges or components of discharges (whether thermal or non-thermal):
b, Produce conditions so as to create a nuisance; or
c. Do not comply with applicable provisions 0 subsection 62-3,05(1), F.A,C..
All surface waters of the State of Florida are classified as Class III - Recreation.
Propagation and Maintenance of a Healthy, Well-Balanced Population of Fish and Wildlife
except certain waters described in Section 62-3.161, F,A.C. These exceptions have
designated certain waters in Collier County as Class II Waters and they are listed as
follows:
24
Agenda Item No. 17G
July 26, 2005
Page 249 of 286
a. Cocohatchee River,
b, Connecting Waterways - Wiggins Pass south to Outer Doctors Bay.
c, Dollar Bay,
d. Inner and Outer Clamp Bay,
e. Inner and Outer Doctors Bay.
f, Little Hickory Bay.
g. Naples Bay,
h. Tidal Bays and Passes - Rookery Bay south and easterly through Ten Thousand
Islands to Monroe County line.
i. Wiggins Pass,
3.4.2 Ground Waters
In addition to the criteria established for surface waters. the State has established criteria
for the protection of ground water. These minimum criteria are:
1) All ground water shall at all places and at all times be free from domestic. industrial.
agricultural. or other man-induced non-thermal components of discharges which.
alone or in combination with other substances. or components of discharges
(whether thermal or non-thermal):
a, Are harmful to plants. animals. or organisms that are native to the soil and
responsible for treatment or stabilization of the discharge relied upon by
Department permits; or
b, Are carcinogenic, mutagenic, teratogenic, or toxic to human beings, unless
specific criteria are established for such components in 62-3,404 F.A,C.; or
c. Are acutely toxic to indigenous species of significance to the aquatic
community within surface waters affected by the ground water at the point of
contact with surface waters; or
d. Pos a serious danger to the publiC health, safety, or welfare; or
e, Create or constitute a nuisance; or
f. Impair the reasonable and beneficial use if adjacent waters.
25
Agenda Item No. 17G
July 26, 2005
Page 250 of 286
3.4.3. Water Quality Test Results Table
This report shows the results of monitoring for the period of January 1 st to December
31st 2003, Federal and state regulations allow monitoring for some contaminants less than
once per year because the concentrations of these contaminants do not change
frequently. Some of the data, though representative, may be more than one year old, The
EPA requires monitoring of over 80 drinking water contaminants. Those contaminants
listed in the table below are the only contaminants detected in Collier County's drinking
water.
**Results in the Level Detected column for radiological contaminants, inorganic
contaminants, synthetic organic contaminants including pesticides and herbicides, and
volatile organic contaminants are the highest average at any of the sampling points or the
highest detected level at any sampling point. depending on the sampling frequency.
Contaminant Dates of MCL Level Range of Likely Source
and unit of sampling Violation Detected.. Results MCLG MCL of
measurement (mo.lyr.) Y/N Contamination
Inorganic Contaminants
Discharge
from
steel/metal
Cyanide (ppb) July No 12 12 200 200 factories;
2002 discharge
from plastic
and fertilizer
factories
Erosion of
natural
deposits;
water additive
Monthly which
Fluoride (ppm) No 1.12 0.54-1.12 4 4 promotes
in 2003 strong teeth;
discharge
from fertilizer
and aluminum
factories
Salt water
Sodium (ppm) July No 95 44-95 nla 160 intrusion,
2002 leaching from
soil
26
Agenda Item No. 17G
July 26, 2005
Page 251 of 286
IINote: The result in the Level Detected column for TTHMs is the highest of the four quarterly
i running annual averages of results from all sampling sites. The quarterly running annual
javerages were calculated during the first. second, third. and fourth quarters of 2002,
~'m_"~_~"'''_'''''''''' m.w..m."."~"..~,.,~.~_w.,^,,,_w__"m~"'~_W_"~"'_'~C^CN~mm"_~"_'~.W'''~'~_-A~_WU."",g'''''''''~'',...''n'''''._,.,_, ",,,,,,,,~,^.,,_~.,,,,_,,,._,..,,,,..w,~..~,N"'""'.'" '.__h.^'__.^".."m..'..____..'^",'.'''N..,,".','.-__.._.~-..,.-,,,m..^"..,.-.._'._~M~'~.,"..,..,....".., ,h_w"..'m..,_,'.,_._"..N'^'...''''',.'.'A..'m..'...'.....~~~~..~_~",..,..._",.wwm"m^..m
! TTHMs and Stage 1 Disinfectant/Disinfection By-Product (D/DBP) Parameters
{------_._-~--- ------ ~_~_____._____. r--~---.--....--- -- ,-------'------
Jan..
TTHM (Total Apr.. By-product of
! trihalomethanes) Jul.,and No 31 ND-73 nla 80 drinking water
(ppb) Nov. chlorination
2003
No. of
Contaminant Dates of AL 90th sampling AL Likely Source
and unit of sampling Violation Percentile sites MCLG (Action of
measurement (mo.lyr,) Y/N Result exceeding Level) Contamination
the AL
Lead and Copper (Tap Water)
Corrosion of
household
plumbing
systems;
Copper (tap Jul2002 No 0.13 0 1,3 1.3 erosion of
water) (ppm) natural
deposits;
leaching from
wood
preselVatives
Corrosion of
household
Lead (tap water) Oct plumbing
(ppb) 2002 No 0,5 0 0 15 systems,
erosion of
natural
deposits
Definitions
AL -Action Level; the concentration of a contaminant that, if exceeded, triggers
treatment or other requirements that a water system must follow,
CDC -Center for Disease Control; the Federal agency that deals with disease outbreaks.
Contaminant -Any physical. chemical, biological or radiological substance in the water.
EPA -Environmental Protection Agency; the Federal agency that sets drinking water
standards.
MCL -Maximum Contaminant Level; the highest level of a contaminant that is allowed in
drinking water. MCLs are set as close to the MCLGs as feasible using the best
27
Agenda Item No. 17G
July 26, 2005
Page 252 of 286
available treatment technology.
MCLG Maximum Contaminant Level Goal; the level of a contaminant in drinking water
below which there is no known or expected risk to health, MCLGs allow for a
margin of safety.
N/A - Not applicable.
ppb - parts per billion, One part by weight of analyte to one billion parts by weight of
the water sample. A part per billion is a very small number and is very close to
the limit where lab equipment can detect it. A part per billion is like one minute in
2,000 years, or a single penny in $10 million.
ppm - parts per million. One part by weight of analyte to one million parts by weight of
the water sample. A part per million is like one minute in two years. or a single
penny in $10,000,
pCilL -Picocuries per liter; a measure of the radioactivity in water.
THMs -Trihalomethanes; a group of chlorinated organic chemicals that include
Chloroform, Bromoform, Bromodichloromethane, and Dibromochloromethane.
Violation -Violations occur when detected limits are greater than Maximum Contaminant
Levels or Action Levels set by the EPA. No violations occurred.
90th Percentile -The analytical result that is greater than or equal to 90% of the results,
28
Agenda Item No. 17G
July 26, 2005
Page 253 of 286
3.4,4 Sourcewater Protection
The County has the following programs to protect sourcewater:
Ground Water High Recharge Area and Resource Protection
This program involves the implementation of the County's Ground Water Protection
Ordinance, which includes high recharge area delineation and protection. These projects
are designed to protect ground water recharge areas and well fields. The Department
continuously updates the data and associated modeling to reflect qualitative and
quantitative changes in our valuable ground water resource.
Engineering Management
This program provides engineering direction. supervision and review of the following
activities within the Pollution Control Department:
. Pollution Prevention: Education and implementation of resource conservation
practices and methods for reduction of pollutants entering the environment.
. Ground Water Protection Ordinance Permitting: Engineering and administrative
review of all sites needing permits for using. storing and disposing of hazardous
wastes within wellfield protection zones.
. Waste Management Practices: Supervision, and direction for wastewater treatment
plant monitoring; provides management and proper disposal methods of hazardous
waste.
. Sludge Transport Licensing: Review and approval for all sludge transport vehicles
licensed annually by Collier County.
. Sludge Disposal Permitting: Review and approval of all annual permits for sludge
disposal at sites authorized by Collier County.
Additional information on sourcewater protection can be found in Appendix X.
29
Agenda Item No. 17G
July 26, 2005
Page 254 of 286
Section 4 - Water Supply, Treatment, and Transmission/Distribution System
4.1 Description of the Existing Water System
Water service is provided by a network of wellfields. raw water transmission mains, two
water treatment plants, transmission and distribution pipelines, water storage facilities, an
aquifer storage and recovery (ASR) well. and booster pumping stations. Raw water is
treated at the North County Regional Water Treatment Plant (NCRWTP) and the South
County Regional Water Treatment Plant (SCRWTP).
4.1.1 Raw Water Supply Wells
The existing water supply system consists of two wellfields, the North Hawthorn
Wellfield and the Golden Gate Tamiami Wellfield. The Golden Gate Tamiami Wellfield
supplies raw water to both the NCRWTP and the SCRWTP via a raw water transmission
main. The North Hawthorn Wellfield supplies raw water to the NCRWTP via a raw water
transmission main. The total maximum day wellfield permit allocation is 53,37 MG.
See Figure 4-1 for a map of wellfield locations,
30
Agenda Item No. 17G
July 26, 2005
Page 255 of 286
G'}
C
r
"T)
y
o
."
.
$:
JT1
X
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Q.,.. .........
(SCUIICD P'Y2DQlI WAftll IlABftll .IILAN UPDATE)
If'
.II..L.V A.a HA.... .....
COlLIER COUNTY GOVERNMENT
PUII.IC UTIUnES ENGINEERING DEPARTMENT
2003 WATER MASTER PLAN UPDATE
MAY 2004
Figure 4-1
31
Agenda Item No. 17G
July 26, 2005
Page 256 of 286
4,1,2 Raw Water Supply Flows
As of January 2004, the NCRWTP and the SCRWTP serve approximately
45.240 connections. The maximum day demand is approximately 29 mgd. The
peak hour system demand is approximately 55 mgd. The distribution system
pressure at the NCRWTP and SCRWTP varies between 80 psi during the rainy
season and 85 psi during the dry season.
4.1,3 Raw Water Supply Water Quality
Within the Hawthorn Aquifer System, groundwater from the sandstone aquifer
meets drinking water standards over most of Collier County while water from the
mid-Hawthorn aquifer is generally of poorer quality, Groundwater quality within
the Floridian AqUifer System is more difficult to access due to extreme variability;
in Collier County the quality is generally poor since the county is distant from
regional recharge areas in central Florida, On average, quality is worst in the
Suwannee and deeper aquifers and best in the lower HawthornlTampa
producing zone.
4.1.4
Water Treatment Plants
4.1,4.1
North County Regional Water Treatment Plant
The NCRWTP is located on the north side of Vanderbilt Beach Road Extension
east of CR 951 in the northeastern quadrant of the service area. The facility uses
groundwater withdrawn from the Lower Tamiami and Lower Hawthorn aquifers,
The original plant, built in 1993, was designed to produce 12 MGD of potable
water using the membrane softening process. which is a physical treatment
process that uses semi-permeable membranes for the removal of constituents
from water. In a subsequent expansion, the plant capacity was increased to 20
32
Agenda Item No. 17G
July 26, 2005
Page 257 of 286
MGO with the addition of a new a-MGO reverse osmosis (RO) process, which
also uses semi-permeable membranes to remove constituents from the water,
Groundwater from the Lower Tamiami aquifer is treated by membrane softening
and groundwater from the Lower Hawthorn aquifer is treated by reverse osmosis.
4.1.4.2
South County Regional Water Treatment Plant
The SCRWTP is located near the intersection of CR 951 and 1-75 about 5.5 miles
south of the NCRWTP. The facility uses groundwater withdrawn from the Lower
Tamiami aquifer.
The original plant. built in 1983, was designed to produce 12 MGO utilizing a lime
softening process. An 8-MGO RO expansion of this facility I which includes new
production wells located northeast of the plant site that withdraw raw water from
the Lower Hawthorn and the Hawthorn Zone I aquifers. was constructed and
completed in 2004, This brought the total plant capacity to 20 MGO. A second
expansion of 12 MGO capacity employing the RO process is scheduled for
service by year 2006. This expansion will utilize new production wells located
east of CR 951 and south of 1-75 that withdraw groundwater from the Lower
Hawthorn and Hawthorn Zone I aquifers. Water supply capacity for the 12-MGO
RO expansion will need to be ready for service prior to the completion of the
water plant expansion, The raw water transmission route study has been
completed. Following easement acquisition. construction of test wells will begin,
4.1.5 Transmission and Distribution System
The existing transmission facilities consist of transmission mains, water storage
tanks and pumping facilities. The pumping facilities comprise high service pumps
located at the water treatment plants, three water booster-pumping stations. and
an in-line booster pumping station. Ground storage tanks located at the treatment
plants and booster pumping stations provide system storage and reserve
33
Agenda Item No, 17G
July 26,2005
Page 258 of 286
capacity to help meet peak hourly demands. The booster pumping stations and
storage tanks are located at Isle of Capri, Manatee Road and Carica Road. The
in-line booster station is located in the northwest portion of the system near
Vanderbilt Beach Drive. These booster pumping stations and storage tanks are
shown on Figure 4-2
34
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fIU1Ell'UII _1Q MODELING LOCA llONS puuc UTD.I11ES EMOIMEERDIO DEPAA1lIEI
........v AND HAN..N .... ::; ~-r:- MASTER PLAN UPDATE
Figure 4.2
35
.._",..-. ".
Agenda Item No. 17G
July 26, 2005
Page 260 of 286
4.2 Present and Historical Water Usage
Historically the average daily per capita water demand for the last thirteen years
(1991-2003) was 182.5 gpcd. The most recent five-year average is 182. The
County should use the current level of Service Standard of 185 gpcd for
estimating future water demands.
4,3 Performance of the Existing Water System
4.3.1 Well Supply and Raw Water Pumping
Currently, the Water-Sewer District obtains water from two existing wellfields: the
Golden Gate Tamiami Wellfield, supplies raw water to NCRWTP and SCRWTP
via a raw water transmission main. The North Hawthorn Wellfield supplies raw
water to NCRWTP via a raw water transmission main, The capacity of the
wellfield booster pumping station is 26.4MGD, The permit capacity of the Golden
Gate Tamiami Wellfield is 700 gpm and the capacity of the Lower Hawthorn
Wellfield is 6,868 MG per year.
4,4 Wellfield Protection
The County has completed a vulnerability assessment to better ensure the safety
of the water system. Safety in design and operation provides reliability by
protecting the public and by protecting County personnel. Regular safety training
and exercises are scheduled to increase the preparedness of County personnel.
36
Agenda Item No. 17G
July 26, 2005
Page 261 of 286
4.5 Operation and Maintenance Program
Operation and maintenance of the system plays a key role in system reliability. It
is critical that operators are properly trained and understand how the systems
operate. Operation and Maintenance (O&M ) manuals are up to date and
available to plant personnel. Electronic O&M manuals provide convenient means
to keep the information current. It also provides a means of providing information
about the plant to new personnel.
4,6 Water Demand Projection
To determine the demand projections. the demand conditions that were analyzed
are Annual Average Daily Demand (AADD) , Maximum Month Daily Demand
(MMDD), Maximum Day Demand (MDD). and Peak Hourly Demand (PHD). The
total MDD projected for 2023 is 63.07 MGD and the MMDD projected for 2023
is 75.68 MGD based on the Florida Bureau of Economic and Business Research
(BEBR) population estimate.
Required Capacity by Year (MGD)
Water Treatment Plant
2004 2013 2023
NCRWTP 20.0 20,0 20,0
SCRWTP 12.0 32,0 32,0
Northeast WTP 0 10,0 20.0
Southeast WTP 0 0 20,0
Totals 32.0 62.0 92.0
Table 4-1
Required Water Treatment Facility Capacities to Meet Future Water Demand
37
Agenda Item No. 17G
July 26, 2005
Page 262 of 286
4.7 Need for Facilities
Water demand projections for the years 2003 through 2030 were used to
evaluate the County's future raw water needs. Considering only the 52-MGO
combined capacity for the NCRWTP and SCRWTP, the total maximum month
daily potable water deficit in Collier County in 2023 and 2030 will be 23.68 MGO
and 39.29 MGO. respectively. It is recommended that additional water facilities
be constructed to meet the demand. In addition to the wells required to provide
the minimum raw water capacity for expansion of existing water treatment plants,
wells will also be needed for reliability.
38
Agenda Item No. 17G
July 26, 2005
Page 263 of 286
Section 5 - Water Program Alternatives
5,1 Introduction
The County is planning to add additional production wells in order to improve
reliability of its wellfields as a whole by providing redundancy in the event that
one or more production wells are out of service. The County is also considering
a pipeline interconnection between the raw water transmission system on the
east side of the Lower Hawthorn Wellfield and the raw water transmission system
on the north side of the Golden Gate Wellfield, As part of the overall strategy.
the below projects are proposed.
5.1.1 Tamiami Well 34
Add one additional redundancy well located north of existing well 32 on 12th
Avenue NW in the Golden Gate Wellfield. The County has acquired property at
the intersection of 14th Avenue NW and Wilson Boulevard for this well.
5.1,2 Tamiami Wells 35 and 36
Add two new raw water supply wells downstream of the Raw Water Booster
Pumping Station at the NCRWTP.
5.1,3 Hawthorn RO Wells 18-20
Add three new raw water supply wells at the existing Lower Hawthorn Wellfield to
improve reliability and to increase capacity,
39
Agenda Item No. 17G
July 26, 2005
Page 264 of 286
5.1.4 Hawthorn Zone 1 Wells 114, 115 and 116
Three additional reliability improvement wells built in the Hawthorn Zone 1
wellfield, The wells will be tied into existing raw water transmission piping at the
site.
5.1.5 12th Ave. Interconnect Booster Pump Station
A booster pumping station with a connecting pipeline down 12th Ave.
5.2 Alternatives:
5.2,1 Alternative to Well No, 34-36:
An alternative for the expansion of the Well No. 34 is to move the well to a
location other than 14th Ave. NW, which would require a longer interconnecting
pipeline,
The estimated cost of this option is an additional $345.600.
This alternative is not recommended due to complications involved in the
construction of the piping line and higher costs incurred from this option.
5.2.2 Alternatives for the Lower Hawthorn RO (18-20) project:
The purpose for construction of these three Lower Hawthorn Wells is to provide
additional raw water supply to the North County Regional Water Treatment Plant.
Other projects that would have served this purpose are the construction of
Hawthorn Zone 1 Wells or the transferring of additional water from outside well
fields. Both these alternatives are more expensive.
40
Agenda Item No. 17G
July 26, 2005
Page 265 of 286
5.2.3 Alternatives for the Hawthorn Zone 1 (114,115,116):
Alternative 1: Hawthorn Zone 1 Well RO-108N
Consideration was given to construction of a Hawthorn Zone 1 Well RO-108N.
This well would have been located within an existing 20x20 foot easement
between Well Sites 7 and 9; this project would have included the drilling and
equipping of a Hawthorn Zone 1 Well within a vault due to site restrictions.
Construction of the well, above ground piping and structural enclosure would
have been similar in nature to that for existing Lower Hawthorn Well RO-1 N.
Since no well currently exists on the easement where RO-108N was to be built.
electrical would have been run to the location, though sufficient electrical existed
in the area to do so.
Additional costs for this alternative are estimated at $900.000 or greater.
This alternative was decided against due to limited space available on the site to
support the facility. Existing features in the surrounding area to the easement
would have necessitated aesthetic features and construction requirements
prohibitive to moving forward with the project. With other options available for
placement this site was not chosen.
Alternative 2: Hawthorn Zone 1 Well RO-113N
Consideration was given to proposing construction of a Hawthorn Zone 1 Well
RO-113N. This well was to be located within an easement adjacent t existing
Lower Hawthorn Well RO-113N. Construction of the well would have been
similar to the Well Sites RO-101N, R0-102N, RO-114N, RO-115N and R0-116N.
Electrical provisions at the site would have necessitated that new electrical be
run to the site.
41
Agenda Item No. 17G
July 26, 2005
Page 266 of 286
Additional costs for the alternative are estimated at $900,000.
This alternate was not selected due to the unavailability of the electrical power to
serve the well at this site.
5.2.4 Alternatives for the 1ih Avenue Tamiami Interconnect Project:
Alternative 1 : 10th Ave Tamiami Interconnect
An alternative to the proposed method of constructing the pipeline and booster
pump station was to construct the pipeline down 10th Ave. This would have
placed the booster pump station at existing Well Site 16. Booster pumping
requirements for this location would have been less than at 12th Ave since Well
Site 16 is closer to the North County Regional Water Treatment Plant and so the
hydraulic head requirements are less at Well Site 16 than at Well Site 17.
This alternative was not selected as Collier County plans to expand the existing
Vanderbilt Beach road that encompasses the existing 10th Ave. A Booster Pump
Station at Well Site 16 would conflict with the road expansion.
Alternative 2: Interconnect Without Pumo Station
Consideration was initially given to transfer 600 gpm through the pipeline from
Tamiami Wellfield to the North County Water Treatment without the use of a
booster pump station.
Costs for this project was substantially less as no additional electrical
components were needed.
42
Agenda Item No. 17G
July 26, 2005
Page 267 of 286
This alternative was rejected as the 600gpm of transferable fresh water was far
less than the 4100 gpm desired. The 4100 gpm that can be transferred by a
booster pump was necessary for redundancy within the North RO Wellfield.
5.2.5 Alternative 3 ( all projects) - No Action
This alternative is not recommended as the County will not be able establish
reliability and redundancy of the wells during peak season and meet the County's
demand needs.
5.3 Summary of Alternatives
In reviewing all the alternatives to the projects proposed the recommended
projects are
1. Construction of Tamiami Well Nos. 34-36
2. Lower Hawthorn Well No. 18 to 20
3. Hawthorn Zone 1 Wells 114, 115 and 116.
4. 12th Ave Interconnect Booster Pump Station
43
Agendo Item No. 17G
July 26, 2005
Page 268 of 286
Section 6 - The Selected Plan
6.1 Introduction
Collier County's utility systems are undergoing considerable expansion in
response to the County's demand for services, which is expected to continue for
the next several years. It is essential that the infrastructure systems be designed
not only to meet the capacity demands but also continue to properly function
during component failure events.
6.2 Selected Water System Improvements Site Plan
6.2.1 Tamiami Well 34
Installation of an additional reliability improvement well within the Golden Gate
Wellfield. The well will be tied into existing transmission piping at the site.
See Figure 6-1 for a project location map.
6.2.2 Tamiami Wells 35 and 36
Two additional reliability improvement wells will be built at the Tamiami wellfield
at the NCRWTP. The wells will be tied into existing raw water transmission
piping at the site. See Figure 6-1 for a project location map.
6.2.3 Hawthorn RO Wells 18-20
Three additional reliability improvement wells will be built in the Lower Hawthorn
wellfield at the NCRWTP. The wells will be tied into existing raw water
transmission piping at the site. See Figure 6-2 for a project location map.
44
Agenda Item No. 17G
July 26, 2005
Page 269 of 286
6.2.4 Hawthorn Zone 1 Wells 114-116
Three additional reliability improvement wells will be built in the Hawthorn Zone 1
wellfield. The wells will be tied into existing raw water transmission piping at the
site. See Figure 6-3 for a project location map.
6.2.5 12th Ave. Interconnect Booster Pump Station
A new booster pump station with an interconnecting pipeline down 12th Ave. to
sufficiently meet peak hourly demand. See Figure 6-4 for a plan of the booster
station.
45
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46
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Agenda Item No. 17G
July 26, 2005
Page 271 of 286
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47
Agenda Item No. 17G
July 26, 2005
Page 272 of 286
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Figure 6-3
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48
Agenda Item No" 17G
July 26, 2005
Page 273 of 286
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Figure 6-4
Proposed plan for 12th Ave. Interconnect Booster Pump Station
49
6.3 Selected Plan Costs
Agenda Item No. 17G
July 26, 2005
Page 274 of 286
6.3.1 Tamiami Well No. 34
The project's estimated cost is $896,808. See table below.
Well No. 34
Item Units Unit Cost Cost
Well Installation 1 $ 50,000 $ 50,000
Wellhead (Mechanical, Electrical,
Instrumentation, Building) 1 $ 246,500 $ 246,500
Electrical Service 1 $ 1,500 $ 1,500
Pig Launching Station 1 $ 6,000 $ 6,000
Transmission Piping 1 $ 230,400 $ 230,400
Misc. work and cleanup 1 $ 30,000 $ 30,000
Mobilization 1 $ 25,000 $ 25,000
Landscaping and Site work 1 $ 90,000 $ 90,000
Subtotal $ 679,400
Bonds/Insurance (2%) $ 13,588
Estimating Contingency (20%) $135,880
Overhead/Profit (10%) $ 67,940
Total $ 896,808
Table 6-1
50
Agenda Item No. 17G
July 26, 2005
Page 275 of 286
6.3.2 Tamiami Wells 35 and 36
The project's estimated costs are $424,380 and $342,896. See tables below.
Well No. 35
Item Units Unit Cost Cost
Well Installation 1 $ 45,000 $ 45,000
Wellhead (Mechanical, Electrical,
Instrumentation, Building) 1 $151,500 $151,500
Electrical Service 1 $ 1,500 $ 1,500
Pig Launching Station 1 $ 10,000 $ 10,000
Transmission Piping 1 $ 63,500 $ 63,500
Misc. work and cleanup 1 $ 20,000 $ 20,000
Mobilization 1 $ 20,000 $ 20,000
LandscaDinQ and Site work 1 $ 10,000 $ 10,000
Subtotal $321,500
Bonds/Insurance (2%) $ 6,430
Estimating Contingency (20%) $ 64,300
Overhead/Profit (10%) $ 32,150
Total $ 424,380
Table 6-2
Well No. 36
Item Units Unit Cost Cost
Well Installation 1 $ 45,000 $ 45,000
Wellhead (Mechanical, Electrical,
Instrumentation, Building) 1 $151,500 $151,500
Electrical Service 1 $ 1,500 $ 1,500
Transmission Piping 1 $ 11,770 $ 11,770
Misc. work and cleanup 1 $ 20,000 $ 20,000
Mobilization 1 $ 20,000 $ 20,000
Landscaping and Site work 1 $ 10,000 $ 10,000
Subtotal $259,770
Bonds/Insurance (2%) $ 5,195
Estimating Contingency (20%) $ 51,954
Overhead/Profit (10%) $ 25,977
Total $ 342.896
Table 6-3
51
Agenda Item No. 17G
July 26,2005
Page 276 of 286
6.3.3 Hawthorn RO Wells 18-20
The project's estimated cost is $5,156,000. See table below.
Wells Nos. 18-20
Item Units Unit Cost Cost
Three well houses, three well
pumps, emergency generator,
stonnwater management, 8,000
feet of 18" transmission pipeline,
electrical, instrumentation and
controls 1 $ 4,398,000 $ 4,398,000
Mobilization 1 $ 240,500 $ 240,500
Excavation and Disposal
Allowance 1 $ 300,000 $ 300,000
Rock Removal 4700 $ 25 $ 117,500
Allowance 1 $ 100,000 $ 100,000
Total $ 5,15&,000
Table 6-4
6.3.4 Hawthorn Zone 1 Wells 114, 115 and 116
The project's estimated cost is $1,800,000 See table below.
Wells 114,115 and 116
Ro-114 115 116 Units Unit Cost Cost
Labor Amount 3 $49,527.00 $148,581.00
Material Amount 3 $174,162.00 $522,486.00
Sub Amount 3 $229,380.00 $688,140.00
Equipment Amount 3 $47,691.00 $143,073.00
Other Amount 3 99,240.00 $297,720.00
Total Cost $1,800,000.00
Table 6-5
52
Agenda Item No. 17G
July 26, 2005
Page 277 of 286
6.3.5 12th Ave. Interconnect Booster Pump Station
The project's cost is estimated at $ 900,000.00. See table below
12th Ave. Interconnect Booster Pump Station
Item
Units
Unit Cost
Cost
Booster Pump Station
1
$900,000.00 $900,000.00
Total Cost
$900,000.00
Table 6-6
6.3.6 Project Summary
Project Name Cost
Tamiami Well No. 34 $896,808
Tamiami Well No. 35 $424,380
Tamiami Well No. 36 $342,896
Hawthorn Wells 18-20 $5,156,000
Hawthorn Wells 114-116 $1,800,000
12th Ave. Booster Pump Station $900,000
Total Estimated Cost $9,520,084
Table 6-7
53
6.4 Consistency with the Comprehensive Plan
Agenda Item No. 17G
July 26, 2005
Page 278 of 286
The recommended facilities are consistent with the Collier County
Comprehensive Plan.
54
Agenda Item No. 17G
July 26, 2005
Page 279 of 286
Section 7 - Implementation and Compliance
7.1 Public Hearing/Dedicated Revenue Hearing
A public/dedicated revenue hearing will be held after advertising in area
newspapers. A summary of the hearing will be provided after the hearing along
with a Certification of Public Participation and the Adopting Resolution.
7.2 Regulatory Agency Review
7.2.1 Florida Department of Environmental Protection
The Florida Department of Environmental Protection is the foremost agency in
the State dealing with issues of environmental quality. The FDEP has regulatory
authority that encompasses large and small quantity hazardous waste
generators, air pollution emissions, solid waste disposal, potable water usage,
dredge and fill permitting, and development in environmentally sensitive areas.
The FDEP is the State permitting agency with regulatory authority over the use of
the land within waters of the State. The types of activities within waters of the
state that require permitting include; dock and pier construction and dredging and
filling of any lakes within the County. The FDEP is also charged with protecting
and conserving Florida's natural resources and managing state owned land and
aquatic preserves. The FDEP's regulatory authority over the use of the land is
found is Section 18-20, Florida Administrative Code. The code authorizes the
FDEP to ensure that submerged State owned lands will not be adversely affected
by proposed dredge & fill activities. The City is within the South District of the
FDEP whose district office is in Fort Myers.
55
Agenda Item No. 17G
July 26, 2005
Page 280 of 286
7.2.2 Florida Department of Health
The Florida Department of Health performs water tests for surface water quality
and has the authority to issue health notices, advisories and boil water orders
when the potential for contamination exits in public water supply systems. It also
issues health warnings and notices for surface water bodies and food sources
that may place the public at a health risk.
7.2.3 Water Management District
The South Florida Water Management District reviews consumptive use permit
applications for water withdrawal allocations, using a broad range of
environmental criteria. The consumptive use permitting program benefits all
people by requiring water conservation to prevent wasteful uses, requiring reuse
of reclaimed water (treated wastewater and storm water) instead of higher quality
groundwater, and setting limits on how much water can be withdrawn at each
location in the aquifer. These limits protect existing residents' water supplies and
protect aquifers, lakes and rivers from harm. In addition, applicants must provide
reasonable beneficial use to ensure that it will be economical, efficient, in public
interest, and in accordance with Florida's General Water Policy and its Water
Use Plan, which was adopted by the Florida Legislature as part of the Florida
Water Resource Act of 1972 (Section 373, Florida Statutes).
7.2.4 United States Environmental Protection Agency
The EPA reviews other governmental agencies actions and retains the authority
to veto permits under the provisions of Section 404 of the clean Water Act. It
also manages the collection of water supply quality information under the
Information Collection Rule.
56
Agenda Item No. 17G
July 26,2005
Page 281 of 286
7.2.5 United States Army Corp of Engineers
The USACE regulates the discharge of dredge and fill materials in "Water of the
United States" under Section 404 of the Clean Water Act of 1977 I and in
"Navigable Water of the United States" under Section 404 of the Clean Water Act
and Section 10 of the "Rivers and Harbors Act of 1899". The USACE's
jurisdiction in wetlands is determined by vegetation, soils and hydrology.
7.2.6 Compliance with Air Quality - Clean Air Act Amendments
The Clean Air Act was amended in 1990. Title I of the Clean Air Act
Amendments addresses regional air quality for six criteria pollutants: carbon
monoxide, lead, nitrogen dioxide, ozone, particulate matter and sulfur dioxide. If
a particular area does not meet national ambient air quality standards it is
established as a non-attainment area. Five degrees of non-attainment for ozone
are categorized as marginal, moderate, serious, serious, severe, and extreme.
Orange County is an attainment area.
7.2.7 Compliance with the Florida Safe Drinking Water Act
. The Florida Legislature enacted the Florida Safe Drinking Water Act (F.S.
403.850-403.864) to assure safe drinking water for Florida's citizens. Through
delegated authority, the Florida Department of Health periodically tests water
withdrawn from central water systems to measure the quality of potable water for
domestic use. The State Legislature has delegated authority to regional water
management districts to control the volume of groundwater withdrawals. A
permitting system designed to regulate the consumptive use of water has been
established by each of the water management districts.
57
Agenda Item No. 17G
July 26, 2005
Page 282 of 286
7.3 Institutional Arrangements
7.3.1 Interlocal Agreements
Collier County has existing interlocal service-delivery agreements with various
reporting entities. For details please refer to Page 36 of 69 of Section H.
7.3.2 Ordinance and Resolutions
The planning, design, operation, maintenance and the levying and collection of
user rate charges of the water utility facilities are the responsibility of the Collier
County Public Utilities Division. Related Ordinances can be found in Appendix A.
7.4 Implementation Responsibility
The Board of County Commissioners of Collier County has the sole responsibility
and authority to implement the recommended facilities.
7.5 Implementation Schedule
Under the SRF program, communities who wish to receive funding must be
approved before construction can take place. This Facilities Plan including the
Business Plan, biddable plans and specifications with all necessary permits to
construct the selected plan must receive approval from the FDEP in order for the
community to move forward in constructing the new facilities. The following
schedule shows the timing of the implementation process.
58
Agenda Item No. 17G
July 26, 2005
Page 283 of 286
7.5.1 Schedule
Table 7-1
Collier County Program Schedule
Project Name
DesIgn Permit BIddIng
Slart Finish start Finish Start Finish
Construction
Start Finish
1/11/2005 1/21/2005
11/1/2
10/812005
1 01212005
amiaml WeD No. 34
(Golden Gala Wellfleld)
12/4/2004 2/1812005 12/15/2004 1/2512005 8/29/2005 8127/2005 10/312005
amlami WeD No. 35 & 36
10/12/2004 2/212005 12/1/2004 2/2512005 4129/2005 512
Lower Hawthom RO Well Nos. 18 & 20
WeD COnstructIon
WaRhead and Transmil8ion Ma
9/27/2004 311812005
Hawthom ZOna 1 Well8
R0-101-102
R0-114-116
R0-118-120
11/
9/2712004 1/14/2005
912712004 3118/2005
9127/2004 311812005
12th Ave" Interconnect
Pennanent Booster Pump Station
9127/2004 10115r'2004 10/11/2
4/15/2005
4/24/2005 8/28120
7.6 Compliance
1) The treated water from the selected alternative will be in compliance with
the FDEP drinking water standards.
2) The selected alternative will meet the reliability requirements as per
Chapter 62-555, FAC.
3) The environmental aspects of the proposed facilities are satisfactory.
4) The selected alternative is in compliance with residual requirements as
per Chapter 62-7014, FAC.
59
Agenda Item No. 17G
July 26,2005
Page 284 of 286
Section 8 - Financial Planning
8.1 General
Collier County seeks to finance the water system improvements through the
State Revolving Loan Fund (SRF) program. The SRF program provides low
interest loans and grants to eligible local governments for the planning, design
and construction of water systems.
The Florida SRF program is administered by the Florida Department of
Environmental Protection (FDEP). Local governments are required to submit
detailed project information to FDEP as part of the application process,
consistent with the following SRF objectives:
To establish the financial capability of local governments to provide
complete water systems.
To ensure that local government capital financing plans will not jeopardize
the viability of the SRF program.
To ensure consistency between the capital financing plans, dedicated
revenue hearing documentation, user charge systems, and facility plans.
To ensure the timeliness and consistency of reviews of capital financing
plans and dedicated revenue hearing documentation.
To establish that adequate disclosure to the public of the project financing
has been provided for.
To identify unusual or potentially controversial financing mechanisms that
may be of concern in negotiating loan agreements.
60
Agenda Item No. 17G
July 26, 2005
Page 285 of 286
8.2 Projected Costs
Collier County seeks funding for the recommended projects, which are the basis
for the Business Plan. The estimated construction costs of al of the water
system improvements are $9,520,084.
During the preparation of this plan, it was necessary to begin the implementation
of those projects listed in items 6.3.2, 6.3.4 and 6.3.5. Therefore, the County has
committed its own funds and SRF funding is not being sought for these projects.
The construction cost of the remaining projects, including construction of
Tamiami Well #34 and Lower Hawthorn RO Wells 18, 19 and 20, will be
approximately $6,053,000.
8.3 Financing Capital Improvements
Collier County is responsible for financing the water system improvements and
plans to use SRF loan funding. The pledged revenue supporting this debt issue
will be the Net Revenues of the Water and Wastewater System.
Utilizing the construction cost for all projects, the loan amount was calculated to
be $13,319,788, which includes contingency, engineering, legal, technical,
financing and other costs.
For the remaining two projects, after adding allowances provided for in the SRF
program, the anticipated loan value is $8,700,000. The anticipated SRF interest
rate is 2.67%. As the SRF Rate may fluctuate by calendar quarters, using a 3%
rate calculates the anticipated annual payments at $580,000. which also includes
required coverage (120%). The estimated cost savings of using the 2o-year SRF
Loan for project funding is approximately $2.5 million versus a 20-year bond at
current market rates.
61
Agenda Item No. 17G
July 26, 2005
Page 286 of 286
8.4 Operation, Maintenance, and Replacement Costs
Collier County has provided an estimated annual operation, maintenance and
replacement (OM&R) cost for the new facilities (see Table 5-4). Collier County
has to date, and intends to continue financing in the future, all OM&R costs via
the consumption charge portion of the Utilities user charge.
Table 8-1
Estimated Annual OM&R Costs
Operating Costs
Project name Electricity Chemical Maintenance Replacement Total
Treatment OM&R Costs
Tamiami Well No. 34 $1,200.00 $3,500.00 $3,900.00 $10,000.00 $18,600.00
Tamiami Well No. 35 $1,200.00 $3,500.00 $3,900.00 $10,000.00 $18,600.00
Tamiami Well No. 36 $1,200.00 $3,500.00 $3,900.00 $10,000.00 $18,600.00
Hawthorn Wells No. 18-20 $7,200.00 $40,500.00 $11,700.00 $30,000.00 $89,400.00
Hawthorn Wells 114-116 $7,200.00 $40,500.00 $11,700.00 $30,000.00 $89,400.00
8.5 User Charge System and Costs
A copy of the current rate structure can be found in Appendix A.
62