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Agenda 10/11/2005 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA October 11, 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. 2004-05, 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. Page 1 of 10 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Roy Shuck, Faith Community Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) B. September 8, 2005 - BCC/CRA Meeting C. September 8, 2005 - BCC/Budget Hearing D. September 13, 2005 - BCC Regular Meeting E. September 19, 2005 - BCC/Emergency Meeting Tropical Storm Rita F. September 20,2005 - BCC/PUD Audit Workshop 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. Advisory Committee Service Awards 5 Years William Arthur, Golden Gate Community Center Advisory Committee William Dempsey, Historical/Archaeological Preservation Board John Ribes, Parks and Recreation Advisory Board 10 Years Charles VanGelder, Golden Gate Estates Land Trust Committee 4. PROCLAMATIONS A. Proclamation designating October 15, 2005, as NAACP Freedom Fund Day. To be accepted by LaVerne Franklin, Treasurer, NAACP; and Irene Williams, Secretary, NAACP. B. Proclamation designating October 20,2005, as Lights On Afterschool! Day. To be accepted by Lisa Morse, Vice President of Operations, Boys & Girls Club of Collier County. C. Proclamation designating October 11, 2005, as League of Women Voters' Day. To be accepted by Sheilah Crowley, President, League of Women Voters of Collier County. D. Proclamation designating October 23 - 31, 2005, as "Red Ribbon Week" in Collier County, Florida. To be accepted by Sheriff Don Hunter, Collier County Sheriff's Department. E. Proclamation designating October 11, 2005, as Mr. James Rozzi Day. To be accepted by James Rozzi. F. Proclamation designating October 15, 2005, as National Latino AIDS Awareness Day. To be accepted by Scott Tims, HIV/Aids Program Manager, Collier County Health Department. 5. PRESENTATIONS A. Presentation of the Exemplary Public Service Award to Representative J. Dudley Goodlette. To be presented by Chris Holley, Executive Director of the Florida Association of Counties. 6. PUBLIC PETITIONS A. Public Petition request by Robert Pritt to discuss dock permitting requirements for seawalls, riprap and boat docks. Page 2 of 10 B. Public Petition request by Jeanne Benefico and Lydia Botten to discuss fee structure for Beach Parking. C. Public petition request by J. Michael Mastej to discuss extended work hours for Collier Regional Medical Center Construction Project PUDZ-03-AR-4674. Item 7 and 8 to be heard no sooner than 1:00 I).m.. unless otherwise noted. 7. BOARD OF ZONING APPEALS A. This item continued from the September 27, 2005 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. VA- 2005-AR-7444 Terry & Charlotte Rhodes, represented by McGarvey Custom Homes, request a variance to reduce the east side yard from the required 30-foot setback of the Rural Agricultural Mobile Home Overlay zoning (A-MHO) district, to 21.1-feet to authorize replacement of an existing pool fence with a proposed screen enclosure. The subject parcel is located at 11230 Five Oaks Lane, further described as Township 48 South, Range 27 East, Lot 64, Block E, Twin Eagles Subdivision Phase I, Plat Book 30, page 78 Collier County, Florida. B. This item was continued from the July 26, 2005 BCC meeting and is requested to be further continued to the October 25, 2005 meeting due to an advertising issue. 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 requires that all participants be sworn and ex parte communication be disclosed. PUDA-2005-AR-7152; Valewood Properties, LLC, represented by Bruce Tyson of WilsonMiller, Inc., requesting an amendment to the Quail II Planned Unit Development (PUD) to amend a tract designation from commercial to residential use, allowing for an additional 152 dwelling units, raising the total allowable units to 512 units. The new R-1 tract provides development standards for the subject site. The subject property is approximately 21.74 acres located north of Immokalee Road (CR 846), approximately mile east of the 1-75 interchange in Section 26, Township 48 South, Range 26 East. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Santa Barbara Landings PUD, St. George Group, Corporation, represented by D. Wayne Arnold, of Q. Grady Minor & Associates, P .A., requesting a rezone from Residential Multiple-Family-6 (RMF-6) to Residential Planned Unit Development (RPUD) to be known as the Santa Barbara Landings PUD for property located at the southeast corner of Radio Road and Santa Barbara Boulevard, in Section 4, Township 50 South, Range 26 East, Collier County, Florida. Page 3 of 10 C. This item is being requested to be continued to the October 25, 2005 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-A-2004-AR-6092: Benderson Development Company, represented by Agnoli, Barber & Brundage, Inc. and R. Bruce Anderson, Esquire of Roetzel & Andress, requesting an amendment to the Westport Commerce Center PUD for the purpose of revising the PUD document and Master Plan to show a reduction in the intensity of the commercial/retail and industrial square footage, delete the Accommodations District land use, increase the amount of preserve area, and changing the PUD reference to MPUD (Mixed Use PUDlo The property is located on Collier Boulevard (C.R. 951) and Davis Boulevard, in Section 3, Township 50 South, Range 26 East, Collier County, Florida, consisting of 96.3 acres. (Petitioner's request) D. This item is being requested to be continued to the October 25, 2005 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDEX-2005-AR-7832 Hammock Woods LLC, represented by David Underhill, P.E., of Banks Engineering, Inc., is requesting a 2-year extension of the Sierra Meadows PUD. The subject property, consisting of 90.8 acres, is located at the southwest corner of Rattlesnake- Hammock Road and Collier Boulevard, in Section 22, Township 50 South, Range 26 East, Collier County, Florida. E. This item was continued from the September 27, 2005 BCC Meeting. To obtain Board of County Commissioners Approval to repeal Ordinance 90-30, as Amended, the Solid Waste Collection and Disposal Ordinance and replace with Ordinance No. 05-_. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Historical/Archaeological Preservation Board. B. To appoint a Commissioner to serve on the County Canvassing Board for the 2006 Elections. C. Appointment of members to the Board of Building Adjustments and Appeals. D. Appointment of member to the Collier County Airport Authority. E. Appointment of member to the Immokalee EZDA/CRA Advisory Board. F. Appointment of member to the Golden Gate Estates Land Trust Committee. G. This item to be heard at 10:00 a.m. after Item 10B. This item continued from the September 27,2005 BCC Meeting. The Annual Performance Appraisal for the County Attorney. H. Appointment of member to the Animal Services Advisory Board. I. Support for continued State funding of the Horizons Primary Care Center. (Commissioner Coletta request) J. Recommendation to adopt a Resolution in support of the establishment of the Southwest Florida Expressway Authority and that the Board act on an appointment of one of the BCC members to serve on the Toll Authority Board. K. This item to be heard at 10:00 a.m, after Item 9G. The Annual Performance Appraisal for the County Manager. (Commissioner Coyle) L. Request to reconsider Sonoma Oaks PUD, PUDZ-2005-AR-7469. (Commissioner Henning) 10. COUNTY MANAGER'S REPORT A. This item to be heard at 10:00 a.m. This item was continued from the September 27, 2005 BCC Meeting. Recommendation that the Board of County Commissioners Approve a Resolution Approving the 2006 Fiscal Year Pay and Classification Plan, a General Wage Adjustment (COLA) and Merit Increase for the Office of the County Attorney. Page 4 of 10 B. This item to be heard at 10:00 a.m., after Item 10A. This item continued from the September 27,2005 BCC Meeting. Recommendation to adopt a resolution approving the 2006 Fiscal Year Pay and Classification Plan, providing for a general wage adjustment and merit increase retroactive to September 17, 2005 (the first day of the first pay period in Fiscal Year 2006) and also to continue authorizing the creation of new classifications, modification and/or deletion of classifications and assignment of pay ranges from the proposed 2006 Fiscal Year Pay and Classification Plan. (Len Price, Administrator, Administrative Services) C. This item continued from the September 27,2005 BCC Meeting. Recommendation to adopt a resolution authorizing the condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the four-lane expansion of County Barn Road from Davis Boulevard to Rattlesnake Hammock Road. (Capital Improvement Element No. 33, Project No. 60101). (Norman Feder, Administrator, Transportation Services) D. This item continued from the September 27, 2005 BCC Meeting. Discussion and review of the County's Noise Ordinance (Code of Laws and Ordinances, Chapter 54, Article IV) as amended. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) E. This item continued from the September 27,2005 BCC Meeting. Review and approve the FY 2006 Annual Work Plan for the County Manager. F. The Board of County Commissioners consideration of the final subdivision plat is quasi- judicial. Consequently, all participants are required to be sworn in and ex parte disclosure be provided by individual Commissioners. Recommendation to approve for recording the final plat of Legacy Estates, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Item to be placed on Regular Agenda County Managers Report pursuant to Public Petition 6A from Board Agenda of June 28, 2005. (Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division) G. Recommendation to award a construction contract for the South County Regional Water Treatment Plant 12 Million Gallons per Day Reverse Osmosis Expansion to The Poole and Kent Company, Bid 05-3879, Projects Numbers 700971 and 710221 for $24,373,000.00. (Jim DeLony, Administrator, Public Utilities) H. This item to be heard at 11 :00 a.m. Recommendation to discuss the conceptual plans and financial implications for a new 17,000 square foot library adjacent to the existing Golden Gate Library (Project 54261). (Marla Ramsey, Administrator, Public Services) I. Discussion regarding staff interpretation and implementation of a provision in the Growth Management Plan pertaining to the re-designation of Rural Fringe Mixed Use District Sending Lands to either Receiving Lands or Neutral Lands. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services) J. Recommendation to be authorized to advertise and schedule for public hearing amending Collier County Ordinance No. 2001-75, as amended, the Public Vehicle for Hire Ordinance. (Joseph Schmitt, Administrator, Community Development) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. Notice of Request for Closed Attorney-Client Executive Session. Page 5 of 10 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. This item to be heard at 10:00 a.m., after Item 9K. This item continued from the September 27, 2005 BCC Meeting. Recommendation to approve a 3.9 percent ($3,490.50) cost of living increase retroactive to September 17, 2005 (the first day of the first pay period in Fiscal Year 2006) and a $5000 bonus to the Executive Director of the Collier County Airport Authority, Theresa M. Cook. 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 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. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve final acceptance of water utility facilities for Tollgate Business Center. 2. Recommendation to approve final acceptance of water and sewer utility facilities for Serafina at Tiburon. 3. Recommendation to approve final acceptance of water and sewer utility facilities for Brynwood Preserve. 4. Recommendation to approve final acceptance of water utility facilities for Sabal Bay Commercial, Phase One. 5. Recommendation to approve final acceptance of water and sewer utility facilities for Santa Rosa at Olde Cypress. 6. Recommendation to approve final acceptance of water and sewer utility facilities for Naples Lakes, Phases 1, 2, 3, and 7. 7. Recommendation to approve final acceptance of water utility facilities for North Naples Medical Park. 8. Recommendation to approve final acceptance of water and sewer utility facilities for Palomino Village. 9. Recommendation to approve final acceptance of water and sewer utility facilities for Southwest Professional Health Park. 10. Recommendation to approve final acceptance of water and sewer utility facilities for White Lake Corporate Park Phase I. 11. Recommendation to approve final acceptance of water and sewer utility facilities for White Lake Corporate Park, Phase III. 12. Recommendation to approve final acceptance of water and sewer utility facilities for Whittenberg Villas. 13. Recommendation to authorize the Chairman to sign a revised ten year U.S. Fish and Wildlife Service Cooperative Grant Agreement for funding habitat restoration on Conservation Collier properties to not exceed $250,000 over a ten-year period. Page 6 of 10 14. Recommendation to approve final acceptance of water and sewer utility facilities for Olde Cypress, Unit Two. 15. Recommendation to approve for recording the final plat of Twin Eagles, Phase Two, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. 16. Recommendation to authorize the Chairman to sign the Submerged Land Aquaculture Lease from the State of Florida for two 2-acre plots for aquaculture research with Florida Gulf Coast University. 17. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Serafina at Tiburon. The roadway and drainage improvements will be privately maintained. 18. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Tiburon Boulevard East Extension. The roadway and drainage improvements will be privately maintained. 19. CARNY-2005-AR-8413 Annie Alvarez, Athletic Special Events Supervisor, Collier County Parks and Recreation Department, requesting a permit to conduct the annual Fall Fest Carnival on October 20, 21, 22 and 23, 2005, at the Eagles Lakes Community Park located at 11565 Tamiami Trail East. 20. Recommendation to approve the application by PACE Center for Girls, Incorporated for the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program. 21. Recommendation that the Board of County Commissioners of Collier County, Florida adopt a Resolution approving an application for a Charitable Organization Impact Fee Waiver, in accordance with Section 74-203 (i) of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) in the amount of $42,966.29, for Pace Center for Girls, Incorporated. B. TRANSPORTATION SERVICES 1. 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. 2. Recommendation to authorize staff to enter into a Work Order in the amount of $176,548 with Johnson Engineering, Inc. for the design, permitting, and construction engineering and inspection services of the Florida Power & Light (FP&L) Greenway from Rattlesnake Hammock Road to Radio Road, Project #69081. 3. Recommendation to approve the sole source purchase of ten (10) above-ground permanent traffic count stations from South Atlantic Traffic, Inc. in the amount of $65,000. 4. Recommendation to approve an Easement Agreement for the conveyance of right- of-way Parcel No. 130 required from Colonnade On Santa Barbara, LLC for the construction of improvements to Santa Barbara Boulevard (Project No. 62081). Estimated Fiscal Impact: $525,781.50. 5. Recommendation to waive formal competition and approve a sole source purchase of Cartegraph VERSAtools computer software for development of a right-a-way database management system for the Collier County Transportation Division. Fiscal Impact: $30,000.00 Page 7 of 10 6. Recommendation that the Board of County Commissioners (1) approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Agreement with the State Department of Transportation in which Collier County would be reimbursed up to $500,000 of the total estimated cost of $642,500 for the design, construction, engineering and inspection of Sidewalks Various Locations and (2) approve future fiscal year annual costs of sidewalk maintenance. 7. Recommendation to award Bid # 05-3780R to AgTronix and Contemporary Controls & Communications, Inc. to multiple vendors on a category basis. Annual expenditures are estimated to be $250,000. C. PUBLIC UTILITIES 1. 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 $35.50, Project Number 708921. 2. Approval of an Interlocal Agreement between Collier County and the City of Everglades City for the County to provide trash collection services in the City. 3. Recommendation to approve Work Order # PSI-FT-05-04, to PSI, Inc. under Contract No. 03-3427 Environmental Engineering, Remediation and Restoration Services for Collier County to complete a Risk Management Assessment at the Naples Recycling Center located on the former landfill at the Naples Airport, in an amount not to exceed $97,957.50, project #59003. D. PUBLIC SERVICES 1. Recommendation to approve conveyance of a Utility Easement to Sprint-Florida, Inc. for the installation of telecommunication lines at North Collier Regional Park on Livingston Road at a cost not to exceed $27.00 -Project 80602. 2. Recommendation to establish a separate Collier County University Extension Trust Fund for the acceptance and management of individual and organizational donated funds; educational program generated funds; and expenditures associated with educational programming by the Collier County University Extension Center. 3. Recommendation to accept the Safe Havens: Supervised Visitation and Safe Exchange Grant in the amount of $125,000 between Collier County Board of County Commissioners and the United States Department of Justice, Office on Violence Against Women and authorize the Chairman to sign the grant acceptance document, initial special conditions pages and approve necessary budget amendment. E. ADMINISTRATIVE SERVICES 1. Recommendation to award RFP No. 05-3868 Internet-Based Solution for Purchasing Card Program to Sun Trust Bank. 2. Recommendation to award contract #05-3852, Design and Related Services for the South Regional Library, to Schenkel Shultz Architecture, Inc. to design the South Regional Library, project 54003, in the amount of $623,950. 3. Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board-Approved Contracts. Page 8 of 10 F. COUNTY MANAGER 1. Recommendation to approve after-the-fact submittal of an Emergency Management application for a matching (75/25) grant offered by the Federal Emergency Management Agency and the State of Florida Department of Community Affairs in the amount of $87,000. 2. Recommendation to approve budget amendments for the Isles of Capri Fire & Rescue District for the purchase of equipment for a new fire engine in the amount of $39,900. 3. Recommendation to approve Contract #05.3883 "Professional State Lobbyist Services" with The Closure Group, Inc., (J. Keith Arnold and Associates) in the amount of $66,000 annually. G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended The Friends of the Collier County Museum Wine Tasting Gala on Tuesday, September 27,2005 at The Fresh Market; $25.00 to be paid from Commissioner Fiala's travel budget. 2. Commissioner Coyle requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended NAACP Freedom Fund Banquet and Silent Auction on October 15, 2005 at the Elks Lodge; $55 to be paid from Commissioner Coyle's travel budget. 3. Commissioner Halas requests Board approval for reimbursement for attending a function serving a valid public purpose. Commissioner to attended the NAACP Freedom Fund Banquet and Silent Auction on October 15,2005 at the Elks Lodge; $55 to be paid from Commissioner Halas' travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. Recommendation to amend Contract #03-3497, "Auditing Services for Collier County" with KPMG LLP, to include a proposed price of $379,200 for the FY-2005 Audit. K. COUNTY ATTORNEY 1. Recommendation to Approve an Agreed Order for Payment of Expert Fees in Connection with Parcel 125 in the Lawsuit Styled Collier County v. G. Herbst, et aI., Case No. 02-5138-CA (Immokalee Road Project #60018). Fiscal Impact: $6,405.00. 2. Recommendation to Approve a Stipulated Final Judgment as to Parcels 720, 920, 721,921,722 and 922 in the Amount of $20,490.00 in the Lawsuit Styled Collier County v. Lord's Way Realty LLC, et al., Case No. 05-1055-CA (South County Regional Water Treatment Plant Reverse Osmosis (RO) Wellfield Expansion to 20- MGD, Project No. 708921). Fiscal Impact: $2,840.00 Page 9 of 10 3. Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcels 154 & 754 in the lawsuit styled Collier County v. Joseph San nicandro, et aI., Case No. 03-2500-CA (Golden Gate Parkway Project 60027).(Fiscallmpact $37,799) 4. Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcels 155 and 755 in the lawsuit styled Collier County v. Joseph Sannicandro, et aI., Case No. 03-2500-CA (Golden Gate Parkway Project 60027). (Fiscal Impact $10,719) 5. This item continued from the September 27, 2005 BCC Meeting. Recommendation to authorize the County Attorney to file a lawsuit after November 1, 2005 compelling JC Drainfield Repair, Inc., its principles, affiliate entities or persons, or any combination thereof, to comply with Collier County Ordinance No. 03-18, codified as Chapter 134, Article IX of the Collier County Code of Laws and Ordinances, including but not limited to, the pursuit of reimbursement of all costs and fees due and owing to Collier County under Chapter 134, Article IX and as otherwise provided by law. 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. Recommendation to approve Petition AVPLAT2005-AR8037 to disclaim, renounce and vacate the Countys and the Publics interest in a portion of the 20 foot wide utility easement located along the tract line common to Tracts 7 and 10, according to the unrecorded plat of Naples Production Park, located in Section 36, Township 49 South, Range 25 East. B. SE-2005-AR-7530: Scriveners Error to correct the legal description attached to Resolution Number 05-156 that granted Conditional Use approval for the Bethel Assembly of God gymnasium expansion. C. SE-2005-AR-7607: Scriveners Error to replace Resolution Number 2005-34, regarding Fidelity Building, Ltd., represented by Ryan White, of Site Enhancement Services, who applied for a sign variance to allow Fidelity Investments to retain their one existing non-conforming ground sign. Resolution Number 2005-34 failed to reflect the changes made by the Board of County Commissioners at the January 11, 2005, public hearing for they sign variance petition (SN-2004-AR-6501). D. This item was continued from the September 13, 2005 BCC Meeting and further continued from the September 27, 2005 BCC Meeting. To obtain Board of County Commissioner approval to repeal and replace the Ordinance establishing the Code Enforcement Board and the Nuisance Abatement Board. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. Page 10 of 10 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING October 11. 2005 Item 4E - Continue to October 25, 2005 BCC meetina: Proclamation designating October 11, 2005, as Mr. James Rozzi Day. (Staff's request.) Add On Item #4G: Proclamation to designate October 19, 2005 as The Naples Hispanic Chamber of Commerce Hispanic Heritage Day. To be accepted by Valaree Maxwell, President, Naples Hispanic Chamber of Commerce. Withdraw Item 6B: Public Petition request by Jeanne Benefico and Lydia Botten to discuss fee structure for beach parking. (Petitioner's request.) Item 16A13: Please note that within the cooperative agreement of this item, "Collier County Government" shall be replaced in all instances by the words "Collier County Board of County Commissioners". (Staff's request.) Item 16A20 - Move to 10K: Recommendation to approve the application by PACE Center for Girls. Incorporated for the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program. (Commissioner Henning's request.) Item 16A21 - Move to 10L: Recommendation that the Board of County Commissioners of Collier County, Florida adopt a Resolution approving an application for a Charitable Organization Impact Fee Waiver, in accordance with Section 74-203(i) of Chapter 74 of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance) in the amount of $42,966.29, for Pace Center for Girls, Incorporated. (Commissioner Henning's request.) Item 16B2 - Continued to the 10/25/05 BCC meetim:!: Recommendation to authorize staff to enter into a Work Order in the amount of $176,548 with Johnson Engineering, Inc., for the design, permitting and construction engineering and inspection services of the Florida Power & Light (FP&L) Greenway from Rattlesnake Hammock Road to Radio Road, Project #69081. (Staff's request.) Time Certain Items: These items are to be heard consecutively beainnina at 10:00 a.m.: Item 10A: This item was continued from the September 27, 2005 BCC meeting. Recommendation that the Board of County Commissioners approve a resolution approving the 2006 Fiscal Year Pay and Classification Plan, a General Wage Adjustment (COLA) and Merit increase for the Office of the County Attorney. Item 10B: This item continued from the September 27,2005 BCC meeting. Recommendation to adopt a resolution approving the 2006 Fiscal Year Pay and Classification Plan, providing for a general wage adjustment and merit increase retroactive to September 17, 2005 (the first day of the first pay period in Fiscal Year 2006) and also to continue authorizing the creation of new classifications, modification and/or deletion of classifications and assignment of pay ranges from the proposed 2006 Fiscal Year Pay and Classification Plan. Item 9G: This item continued from the September 27,2005 BCC meeting. The Annual Performance Appraisal for the County Attorney. Item 9K: The Annual Performance Appraisal for the County Manager. Item 14A: This item continued from the September 27,2005 BCC meeting. Recommendation to approve a 3.9 percent ($3,490.50) cost of living increase retroactive to September 17, 2005 (the first day of the first pay period in Fiscal Year 2006) and a $5,000 bonus to the Executive Director of the Collier County Airport Authority, Theresa M. Cook. Item 10H to be heard at 11 :00 a.m.: Recommendation to discuss the conceptual plans and financial implications for a new 17,000 square foot library adjacent to the existing Golden Gate Library (Project 54261). Item Number: Item Summ.ry: Meeting Date: Agenda Item No 3A 1 October 11, ;_~005 Page 1 of 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 3M A_dviSDrY Comminee Service Awaldo far tne !ollowing 5 Years Wlliam Arthur, Goldon Gate CCMrt1l1My Center Ad\n6ory Coml1\iltee 'J\~i!iam Dempsey, Hj6-tor;.::aI/ArGhaeoio~ical P,e,;g,p,rvatloll Boaro Jnhr Ribeli.. Parks [lJ)d Recreatl(\n Atjvl~;(Wi Board" 10 Yeart'> Charjes \iiln(;e,I("JN G:lf::lel1 '3illf" b.liltes. U-,nd TWfil Co'nrnittefl 10111i2CrO~; 980 DO AM D3le Prepared By Paulll Springs Boart! 01 County Commissioners Ell(!:cutl\f(~ Aide to the: Bee see Office: {l129120as 4~53:34 PM SUl! FII&Dn Dllfe Approved By Board (11 County Commlsslone-rs tll.eclJti\'e M3na!J~r to the BCe Bee Office 9/3012005 S~12 AM -- - Agenda Item No. 4A October 11. 2005 Page 1 of 2 PROCLAMATION WHEREAS, The National Association of the Advancement of Colored People Freedom Fund Branch (NAACP), will hold its twenty-third Freedom Fund Banquet and Awards Ceremony on Saturday, October 15, 2005 at the Elks Lodge,' and, WHEREAS, proceeds of this event will be used to ensure that economical, political, educational and social equality remain strong within our community; and, WHEREAS, the public is invited to attend and share in this celebration of freedom for all. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that October 15, 2005 be designated as NAACP FREEDOM FUND DAY DONE AND ORDERED THIS 11 th day of October BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Item Number: Item Summary: Meeting Date: Agenda Item NQ 4A October 11. 2005 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4A Proclamation designating October 15 ::'005; as r-JAA.CP Freedc.m Fund Day To be acce~,!ed Dy LaVerne ~l'anKlin_ Treasurer, ~JP..ACP: 3l'ld Irei'll'! V\idliarl1b, Secretar~' HAACP 10!11/:'005 90000 AM Date Prepared By Melanie Rodrlgoez Board of County Commissioners Admlnl&traUve Aide to the Bee BCCOfflce- 8/26/20051:46:28 PM Sue Filson Datf, Appnn-cd By BOllrd of County Cornml~slonf'rs Executive MMager to till' Bee BCCOfflce 8130120053:41 PM Appnwcd By .Iamil'!s v. Mudd Board of County Commissioners- County ManOlger D.'lT-E- County ManagN's Office 9124/20059:04 AM Agenda Item No. 4B October 11. 2005 Page 1 of 2 PROCLAMATION WHEREAS, the citizens of Collier County stand firmly committed to quality afterschool programs and opportunities; and, WHEREAS, the citizens of Collier County provide safe, challenging, engaging, and fun learning experiences to help children and youth develop their social, emotional, physical, cultural, and academic skills; and, WHEREAS, the citizens of Collier County support working families by ensuring their children are safe and productive after the regular school day ends: and, WHEREAS, the citizens of Collier County build stronger communities by involving our students, parents, business leaders, and adult volunteers in the lives of our young people, thereby promoting positive relationships among children, youth, families, and adults; and, WHEREAS, the citizens of Collier County engage families, schools, and diverse community partners in advancing the welfare of our children; and, WHEREAS, Miracle I, II, and III afterschool programs have provided significant leadership in the area of community involvement in the education and well being of our youth, grounded in the principle that quality afterschool programs are key to helping our children become successful adults; and, WHEREAS, Lights On Afterschooll, a national celebration of afterschool programs on October 20, promotes the critical importance of quality after school programs in the lives of children, their families, and their communities. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that October 20, 2005, be designated as Lights On A fterschooll Day DONE AND ORDERED THIS 11 th Day of October, 2005. BOARD OF COUNTY COMMISSIONERS COLUER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK ,"'....... Item Number: Item Summary: Meeting Date: Agenda Item No 48 October" 1, 2005 Page2of2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 48 Proclarn<ltlOn desig:,ating October ::!O, :'OOE. as Lights On AfterschMl' Day T e, ne acc.epted by Lisa Morse, 'vice President of Operation... Boy." &. Girls Club of Collie-r Count)' 10.'~ lJ::!OOS 9000D AM D,." PrtPllrcd B)' Melanie Rodrli,luez Board of County C(')mmISl>!Oluf:;; Admlnlstrat!\lt' Aldl' to t"", Bee Bee OffIce 9127,'20054:34:54 FlM "'.. Allpnn:ed By Suoe FIlSoon Board of County Commissioners Executive Manager to the Bee Bce Office 91281200S 9:13 AM t).1te AIIProved By James v, Mudd Board of County CommissIoners County MlIn.agp.r County Manager's Office 9/2.8t1005 12:111 PM Agenda Item No. 4C October 11, 2005 Page 1 of 2 PROCLAMATION .- WHEREAS, the League of Women Voters was founded by Carrie Chapman Catt in 1920 during the convention of the National American Woman Suffrage Association; and, WHEREAS, the League began as a "mighty political experimentH designed to help 20 million women carry out their new responsibilities as voters and encourage them to use their new power to participate in shaping public policy; and, WHEREAS, from the beginning, the League was an activist, grassroots organization whose leaders believed that citizens should play a critical role in advocacy; and, WHEREAS, this year marks the 8!fh anniversary of the 19th amendment which gave women the right to vote; and, WHEREAS, today, the League of Women Voters, a nonpartisan political organization, still encourages the informed and active participation of citizens in government, and influences public policy through education and advocacy; and, WHEREAS, the League continues its tradition of educating the public; and, _. WHEREAS, the League of Women Voters of Collier County marks its 3(/h anniversary this year. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that October 11, 2005, be designated as League of Women Voters' Oay DONE AND ORDERED THIS 11th Oay of October, 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK - Item Number: Item Summary: Meeting Date: Aaenda Item No 4C ~ October 11, 2005 Page2of2 COLLIER COUNTY BOARD OF COUNTV CorAMISSIONERS .::IC ClrocJam<ltlon de8ig~atirlg October 11, :2005 aG League of Womer, Voters' Day_ T{:, be acceDted b", Sheilah C'owley, Presioent. Leag:..:e of WDmen Voter-s of CD!iier Co,mty 10/11l~OC5 9 00.00 A.M Date Prepared B)' Mel.llnle:- RodrlQue~ Board ot County CommlSlOloners Admlnls,tratlve AidE to t!". BeC Bee Office 9!28f200!i 1 :48;52 PM 0,,,, Approved B)' Sue Filson Board of County Commls!iloners Exeeutlvtl M~lrll!tger to tilt.' Bee Bee Office 9129120058:14 AM Ollte ApllrO\ied B)' l.t'o E. Dells, Jr Soard of County Commissioners Dt!'puty COlmly M;m:lger County Manlfg(!o"s Office 9130/1005 L53 PM .- - Agenda Item No. 40 October 11. 2005 Page 1 of 2 PROCLAMATION WHEREAS, alcohol and other drug abuse in this nation has reached epidemic stages: and, WHEREAS, it is imperative that visible, unified prevention education efforts by community members be launched to eliminate the demand for drugs: and, WHEREAS, Informed Families/The Florida Family Partnership is sponsoring the Florida Red Ribbon campaign offering citizens the opportunity to demonstrate their commitment to drug-free lifestyles (no use of illegal drugs, no illegal use of legal drugs:) and, WHEREAS, the National Red Ribbon Campaign will be celebrated in every community in America during "Red Ribbon Week," October 23 - 31, 2005: and, WHEREAS, Governor and Mrs. Bush are the Florida Red Ribbon Honorary Chairpersons,' and, WHEREAS, businesses, government, parents, law enforcement, media, medical, religious institutions, schools, senior citizens, service organizations, and youth will demonstrate their commitment to healthy, drug-free lifestyles by wearing and displaying Red Ribbons during this week-long campaign: and, WHEREAS, the State of Florida further commits its resources to ensure the success of the Red Ribbon Campaign. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that October 23 - 31, 2005, be designated as "Red Ribbon Week" in Collier County, Florida DONE AND ORDERED THIS 11th Day of October, 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK "em Number: "em Summary: Meeting Date: Aacnda Item No 40 , Oct(JDer 11, :?QQS Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4C Proclamation designatmg Oc:obe':!3 3j 2005 a\; "Red Ribbon Week"' 'n Caliier:owntv Florida TLi be accepted by Stf"fif Den Hunter Col!;er CLiU.,ty She,iff'" Depa~ment 10/1;i:!OC~" gae DO AM D"" Prepared B)' Melanie Rodrl9uez Bo:.rd of Count" CommlSlilonef$ AdmlnllitraUve Aide to the BCe Bce Office 9/2S12QaS 11 :24:43 AM SUI:' Filson D... Apllro\'ed 8). BOArd of County Comml!lslt'me-n'i Executive MMttgt!!t to th(' Bee Bee Office 9/28/200512:08 PM Appnn'ed B)' Jomp.s V. MIJod 8{),]rd of County Com!lllsslcner~ County MJmager Dale County M.lnager's Office !1I291200!i8:JO PM Agenda Item No. 4E October 11. 2005 Page 1 of 2 PROCLAMATION WHEREAS, on September 30, 2004, and July 28, 2005, Collier County was visited by three representatives from the Florida Department of Environmental Protection (FDEP); and, WHEREAS, the FDEP visit was related to our Collier County/City of Naples Beach Renourishment project with major concern for the potential damage to our environmentally sensitive biological sea life along our beaches; and, WHEREAS, FDEP's objective was to dive over the offshore areas to observe current conditions and provide oversight for the biological monitoring surveys being conducted by our consultants; and, WHEREAS, FDEP divers, along with our consultants, conducted many dives on each of these events; and, WHEREAS, on both visits, their successful missions were primarily a result of the direct contribution of Mr. James Rozzi; and, WHEREAS, Mr. Rozzi volunteered his boat, diving facilities, and personal diving expertise to benefit Collier County and the FDEP. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that October 11, 2005, be designated as Mr. James Rozzi Day DONE AND ORDERED THIS 11th Day of October, 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK .- Item Number: Item Summary; Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 4E Agenda Item No 4E October 11, 2005 Page 2 of 2 1 OI11:'~C05 9.00 OD AM PrCC;iarnation designatir1g October 11, 200:0,. ::lEi Mr James Rozzi Day TJ be accepted by James Rozzi Di'ltl!' Prepared By Melanie Rodriguez Board of COllnty CommlslOloners Administrative AIde to th~ Bce BC C Office 9Il9/200512:43:34 PM Date- Approved By Sue Filson Board of CQunty CommIssioners Executive Manager to the BCe Bee Office 9130/200e8:22 AM Date Approved B)" .lames V. Mudd Board of County Commlss.lon~rs County Mal1aglH COUl'tty Manag!!'r's Office 1i/30/20GS 10:01 AM Agenda Item No. 4F October 11. 2005 Page 1 of 2 PROCLAMA TION "~-" WHEREAS, HIV infection has been a fact of life in most Latino communities throughout the United States for over 20 years; and, WHEREAS, in 2004, over 180,000 Latino AIDS cases had been reported; and, WHEREAS, while Latinos comprise 14% of the population in the United States, they account for 20% (80,623) of all those living with AIDS; and, WHEREAS, Latinos account for 20% of the population in Collier County and 19% of the total AIDS cases; and, WHEREAS, AIDS has challenged the Latino family in every part of the country to find new reservoirs of compassion, to increase their political voices, and to confront many difficult issues that, for generations, have been deemed unmentionable; and, WHEREAS, the spiritual life of our community has been challenged to its core with religious leaders reaching out to advocate with families who have suffered stigma and exclusion; and, - WHEREAS, October 15 will mark the third year of what has become an annual observance, National Latino AIDS Awareness Day (NLA A D), which is viewed as a day of hope for the future of a world without AIDS. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that October 15, 2005, be designated as National Latino AIDS Awareness Day DONE AND ORDERED THIS 11th Day of October, 2005. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK .- Item Number: Item Summary: Meeting Date: Agenda Horn No 4F October 1 1, 2005 Page 2 of:2 COLL.lER COUNTY BOARD OF COUNTY COMMISSIONERS " PrOCi<.lIndliM deslQ"athg October 15. ~005. 36 Naliorlal latirlo AIDS Awareness Day, Tc. be accepted t'}~' Scott 1'1'.,1>, HIVIAlds Program ~""anilflef, Collif"f COLlnt\' Hsa!lh Department 1o.l"11/~OOS 9 DODD A~,,1 Oat. Prepared By M@lallle Rodriguez Board 01 County CommlS$loners AdmlnhmaHve AIdE' to the Bee Bee Office 9!29/2005 H:47;SO PM "".. Approved By 5uc FIlson Board Of County Commissioners Execudvc Mtmager to the BCe Bee Office 9.'30120058:20 AM Datp. Appro,.ed By Leo E.Ochli>. Jr BOiJrd of County Commls\'.loners Deputy County Manager County Milnage-r's Office 9/JOf2005 3:02 PM e e PROCLAMA TION WHEREAS, The Naples Hispanic Chamber of Commerce, will celebrate Hispanic Heritage Month, Wednesday, October J 9, 2005, at the English Pub: and, WHEREAS, the purpose of this event is to celebrate the Hispanic heritage of the members of our community: and, e WHEREAS, .~ ERCE BOARD OF COUNTY COMMISSIONERS COI..L.IER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN ATTEST.' DWIGHT E. BROCK, CLERK 4.t. t> 1) tV tf& 101"1 D.J Agenda Item No. 5A October 11, 2005 Page 1 of 6 -- EXEMPLARY PUBLIC SERVICE AWARD REPRESENTATIVE J. DUDLEY GOODLETTE ON BEHALF OF THE FLORIDA ASSOCIATION OF COUNTIES, I AM PLEASED TO RECOGNIZE A MEMBER OF THE COLLIER COUNTY DELEGATION WHO HAS WORKED TIRELESSLY FOR COUNTIES - THROUGHOUT HIS LEGISLATIVE CAREER. REPRESENTATIVE J. DUDLEY GOODLETTE WAS ELECTED TO THE HOUSE IN 1998 BY VOTERS IN COLLIER COUNTY TO SERVE HOUSE DISTRICT 76. IN 2004 HE WAS RE-ELECTED WITHOUT OPPOSITION. ...--..... REPRESENTATIVE GOODLETTE HAS SERVED ON NUMEROUS STANDING COMMITTEES AND SELECT COMMITTEES DURING HIS DISTINGUISHED CAREER 1 Agenda Item No. 5A October 11, 2005 Page 2 of 6 IN THE FLORIDA LEGISLATURE. HE CURRENTLY SERVES AS CHAIRMAN OF THE HOUSE RULES & CALENDAR COUNCIL. REPRESENTATIVE GOODLETTE HAS RECEIVED NUMEROUS AWARDS FROM FAC FOR HIS LEGISLATIVE WORK. THEY INCLUDE THE FAC FRESHMAN OF THE YEAR AWARD IN 1999, FAC COUNTY CHAMPION IN 2001, AND THE COUNTY PARTNER OF THE YEAR AWARD IN 2002. REPRESENTATIVE GOODLETTE'S COLLEAGUES IN THE HOUSE AND SENATE --REPUBLICANS AND DEMOCRATS ALIKE --HAVE GREAT RESPECT AND ADMIRATION FOR HIM. AS A KEY ADVISER FOR HOUSE SPEAKER ALLAN BENSE, REPRESENTATIVE GOODLETTE IS OFTEN CALLED UPON TO BE PART OF THE HOUSE'S NEGOTIATION TEAM ON MAJOR POLICY ISSUES BEFORE THE FLORIDA LEGISLATURE, INCLUDING ARTICLE V/REVISION 7, '-. 2 Agenda Item No. SA October 11, 2005 Page 3 of 6 PRE-K CONSTITUTIONAL AMENDMENT IMPLEMENTATION, MEDICAL MALPRACTICE REFORM, AND CONSTITUTIONAL AMENDMENT REFORM, TO NAME JUST A FEW. THEY ARE ALL POLICIES THAT HAVE HELPED SHAPE THE FUTURE OF FLORIDA. .,,0..-.. AS IN SESSIONS PAST, REPRESENTATIVE GOODLETTE WAS ONCE AGAIN CALLED UPON IN THE 2005 SESSION TO BRING MAJOR POLICY PACKAGES IN FOR A "lANDING." HE PLAYED A SIGNIFICANT ROLE IN GROWTH MANAGEMENT REFORM AS A MEMBER OF THE CONFERENCE COMMITTEE. HE WAS INSTRUMENTAL IN PROTECTING COUNTIES' INTERESTS ON ISSUES SUCH AS IMPACT FEES AND COUNTY CHARTER PREEMPTION. HE ALSO FOUGHT FOR COUNTIES' POSITIONS ON THE "PAY AND GO" PROVISIONS OF THE BILL, WHICH ARE ALL VERY IMPORTANT TOOLS THAT ENABLE COUNTY GOVERNMENTS TO BETTER SERVE THE NEEDS OF THEIR COMMUNITIES. 3 Agenda Item No. 5A October 11, 2005 Page 4 of 6 REPRESENTATIVE GOODLETTE WAS KEY IN HELPING COUNTIES KEEP THE ARTICLE V REVENUE SOURCES CREATED BY THE LEGISLATURE TO FUND COURT-RELATED RESPONSIBILITIES. HE SUPPORTED FAC'S POSITION ON PROTECTING LOCAL TAXPAYERS FROM INCREASES IN WORKERS' COMPENSATION COSTS. LEGISLATION FILED THIS PAST SESSION WOULD HAVE CREATED A MINI-WORKERS' COMPENSATION SYSTEM FOR FIRST RESPONDERS, COSTING LOCAL GOVERNMENTS TENS OF MILLIONS OF DOLLARS. REP. GOODLETTE'S LEGISLATIVE RECORD IS A TESTAMENT TO GOOD PUBLIC POLICY. HIS ACTIONS SPEAK VOLUMES ABOUT HIS PASSION AND COMMITMENT TO FLORIDA. AS THE ORGANIZATION THAT PRIDES ITSELF ON BEING ALL ABOUT FLORIDA, THE FLORIDA ASSOCIATION OF COUNTIES IS PROUD TO HONOR 4 Agenda Item No. 5A October 11, 2005 Page 5 of 6 REP. GOODLETTE WITH THE EXEMPLARY PUBLIC SERVICE AWARD. FLORIDA'S 67 COUNTIES COMMEND YOU FOR YOUR WORK ON BEHALF OF ALL FLORIDIANS. AND WE THANK YOU FOR YOUR LEADERSHIP AND DEDICATION TO PUBLIC SERVICE. ..- 5 Item Number: Item Summary: Meeting Date: Agenda Item No SA October 11, 2005 Page 6 of 6 COLLIER COUNTY BOARD OF COUNT't COMMISSIONERS SA PrMentatioli cl the Exemplary F';.;b!ic Service Award ,0 Represernative J Dudley Goodlette To be presented by Chril; Helley becutive Director af the Flo'.d3 AMaciaticn of COL;n,ieli 10f11.':!005 900 00 AM DlIte Approved B~' JamesV. Mudd Board of County Commlsliloners; County Manager COlJnty Mana~er's Office 9J2912005 8:29 PM .' Agenda Item No. UA October 11 , 2005 Page 1 of 5 '\. -~ ~ COlLIER COUNlY MANAGER'S OFHCE 3301 East Tamiami Trail . Naples, FL 34112 . 239-774-8383 . Fax 239-774-4010 September 28, 2005 Robert D. Pritt Roetzel & Andress 850 Park Shore Drive Trianon Centre - Third Floor Naples, FL 34103 Re: Public Petition Request to Discuss Dock Permitting Requirements for Seawalls, riprap and Boat Docks Dear Mr. Pritt: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of October 11, '2005, regarding the above referenced subject. -- Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, Q!vo/f:-4/ County Manager " JVM/jb cc: David Weigel, County Attorney Joseph Schmitt, Administrator, C.D.&E.S. Michelle Arnold, Director, Code Enforcement - c . t~ . l' c D . " t , - A LEGAL PROFESSIONAL ASSOCIATION 850 PARK SHORE D~e' 2 of 5 TRIANON CENTRE - THIRD FLOOR NAPLES, FL 34103 239.649.2714 DIRECf 239.649.6200 MAIN 239.261.3659 FAX rpritt@ralaw.com RECEI\IEO COUNTV MANAQ... O""ICI I_~ANDRESS II September 27, 2005 SEP , l L0".j Honorable Fred Coyle, Chair Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 ACTION FILE James Mudd, COWlty Manager 3301 Tamiami Trail East Building F Naples, Florida 34112 Re: Public Petition - Request for October 11, 2005 Dear Chairman Coyle and County Manager Mudd: This firm represents a group of marine contractors (dock contractors) who are experiencing serious and critical dock delays due to recent interpretations of dock permitting requirements for seawalls, riprap and boat docks (see copy of staff interpretation attached). The Environmental Services staff has indicated that it will require all applicants to obtain a U.S. Army Corps of Engineers (USACE) permit and a Florida Department of Environmental Protection (DEP) permit "whenever necessary prior to approving the building permit application". This creates a "chicken and egg" situation in some cases because the USACE often takes an extremely long amount of time, even to determine that a permit is not necessary. In other local governments, the local government permit is issued, but sometimes conditioned upon receipt of a federal permit if needed. Other local governments have allowed building permits to be issued for all work that is specified by a national permitting system or under a regional general permit. We think that the Collier County staff interpretation is based upon Section 10.02.06 A.l.a. of the Land Development Code (copy attached) which the staff may feel is binding upon them. There are at least three ways of resolving the problem: 1. Delegation of US ACE Permitting to County. Enter into an agreement with USACE for the delegation of US ACE's authority to review and issue permits for residential docks, to the County staff. This is apparently being done in Pine lias County and is in process in the City of Cape Coral. We have spoken to at least one representative of USACE in the Fort Myers office and received a positive (although obviously non-binding) response. CLEVELAND TOLEDO AKRON COLUMBUS CINCINNATI WASHINGTON, D.C. TALlAHASSEE foRT MYERS NAPLES www.ralaw.com Agenda Item No. 6A October 11 , 2005 Page 3 of 5 Honorable Fred Coyle, Chair James Mudd September 27, 2005 Page 2 2. Interpretation of the Code as not prohibiting issuance of the local permit. Since local governing bodies should be allowed to interpret their own ordinances, the Board should be able to interpret its own LDC to allow local permits, with a notation that the issuance does not constitute approval of any federal or state permits that may be necessary. The cited section only requires the permits where the state or federal governments require the state of federal permit before the local permit can be issued. 3. LDC Amendment. Amend the Land Development Code to make dock building permits for single family residences be issuable by the County staff with a notation that the permits are subject to any state or federal permitting requirement. This creates little if any risk to the County since a permit that meets County standards but does not meet state or federal standards would be void under the state or federal laws and the construction would be subject to removal, fines, penalties, etc. regardless of whether a local permit was issued by the County. The undersigned, on behalf of the marine contractors, hereby requests that the County Commission direct the County staff to work on one or all of the above methods in order to reduce the unnecessary, costly and burdensome delays in dock permitting. Respectfully submitted, KoJ\-r D ?~ Robert D. Pritt Board Certified City, County & Local Government Lawyer For the Firm RDP/dk 482265_1_062694_0029 10.02.05 F.4. Agenda Item No. 6A October 11, 2005 1 O.O~~e l~~ 5 a. Projects approved with an implementation timeline in excess of 18 months must be completed as a phased development as identified below. COLLIER COUNTY LAND DEVELOPMENT CODE . ~ Project Implementa- tion Ti.meline # of Phases Phase Ti.melines 18 months 1 18 months 30 months 2 18 months-First Phase 30 months-Second Phase 42 months 3 18 months-First Phase 30 months--Second Phase 42 months-Third Phase 54 months 4 18 months-First Phase 30 months-Second Phase 42 months-Third Phase 54 months-Fourth Phase b. Building permits must be obtained for each unit when relocated and replaced within an approved park, otherwise the code enforcement action will proceed except as otherwise provided pursuant to section 10.02.05 F.2.e. (Ord. No. 04-72, ~ 3.B8) 10.02_06 Submittal Requirements for Permits A. Generally. Any permit submitted to the County must meet the requirements for that particular permit, as more specifically stated below. 1. Relation to state and federal statutes. a. Required state andlor federal permits. Where proposed use or development requires state or federal development orders or permits prior to use or develop- ment, such development orders or permits must be secured from state or federal agencies prior to commencement of any construction and/or development, including any changes in land configuration and land preparation. b. Development of regional impact. Where a proposed use or development is a development of regional impact (DRI), it shall meet all of the requirements of F.S. ch. 380, as amended, prior to the issuance of any required county development orders or permits and commencement of construction or development. Submission of the application for development approval (ADA) for a DRI shall be simultaneous with the submission of any rezoning and/or conditional use application or other land use related petition required by this Code to allow for concurrent reviews and public hearings before both the planning commission and the BCC of the ADA and rezone and/or conditional use applications. The DRI and rezone and/or conditional use shall be approved prior to the issuance of any required county development orders or permits and commencement of construction or development. 2. No approval of the final subdivision plat, improvement plans or authorization to proceed with construction activities in compliance with the same shall require Collier County to issue a development order or building permit if (1) it can be shown that issuance of said development order or building permit will result in a reduction in the level of service for any Supp. No. 1 LDC10:82.2 2005lAUG/04/THU 04: 19 PM NAPLES IXx:K FAX No. 239 434 6849 P. DO? Agenda Item "No. 6A October 11, 2005 Page 5 of 5 p.l ,...~ t:JJ./Ig,L. Jul 05 O~ 11:488 lXI' g"'l ~UItJ::J Cl:;,: .i:D ~1MI~a~l:)a UA..L..J.t:.K L. I Y .u..ruN.:l (i) 2f(rr -oYr 6 Memorandum . /1 ' / / +;-n-\!\ <' ,. ~ \\q'u.J v\ io: avAding Review Start' From: SUlan t.hson. Sr. Environmental Speclllliat - Ertvironmentllt S.rvi=es Dept. C: Joseph Schmitt, CDES MmInWtr'atDr 'B11! ~enz. Barba'n1 8IIrgeson - Environmental S..,..,I::es Department Date: 7t29mlOS Subject: Permit nurui1lllnents.for .....1&, rip flip illId. m..t docks 111 moat cues, U. S. Army CDrps of ~=- (USACE) .ad 1l1orida DepartlD~t of EnviTOlllllental Protection (DE!") pcr:aUts.re r'IlCIairal prior to thl! CD_t, iaSllin: buiJdi_t penrdts for- aea'WaDI, rip r2p ..... boat docks. FedBraJ penti!! I'na tire USACE are r=quired for ~.ns. ripwp .....lIi.~faJnny docks, Udodiar: tklJlC lDediIIg tile: r:x=mption c:ritcrk for the stall! (DE!'). ~ronna.artal Ser.,iceI ataIf "iD reqDiTe .1 .ppliclla.ls . DbtaiIr.. tJ5AC!: permit nd a D!!:P pcradt w~ IleCftDI"J' prior ta appnrria: the IIDWlia~ pcJ'IDit appliC8Doa, )Tor si.::le-famlly dock&, seewaUs aDd riprap with ao iml*D to JUng"""cs, --:rasa Gr aavir.-tiM, the USACE i. the only reYiew reqllirecl fOJ' file FedeMd pemtit. FDr' prnperiies with imp.c~, 'tile USA.CE t'e<<jmre5'llcrnl!lulttltioa witll tile U.5. Fish ~ulll WihtliI'e.Serriee. A. .p....te permit app1icaJioa witII tD~ USACE ill ..ceded iC a joilrt appfC8tio.. with tac DEP is DOt .ablllitted. . , PlCJllII! craate: . InIndhr: block rdaying this iDfo:'Dllltion to the J'IIblic. cma me at ~l3-%m if you bD'lle .., qtlCJaoDa. 'l:1:dI: yo..'l'UY Muelt. Gv~') UY\Clc Envirnnmembtl Ser-viOl!lli .DcpartDU!Ilt COlZID&lU'rity DeYcl.opmeut & E.,.il"OlImstJl! Senriee.s Drvisicm {3 tll (3/ Ct'.".J.o IA 11/!) c. [)rn {.ey \1.~ I.U S .- Agenda Item No. 6B October 11, 2005 Page 1 of 2 /1' /,....,-... ~ COLLIER COUNTY MANAGER'S OFFICE 3301 East TamiamiTrail . Naples,FL34112 . 239-774-8383 . Fax239-774-4010 September 29, 2005 Jeanne Benefico 690 100th Avenue North Naples, FL 34110 Lydia Botten 117 Wading Bird Circle H202 Naples, FL 34110 Re: Public Petition Request to Discuss Fee Structure for Beach Parking Dear Ms. Benefico and Ms. Botten ~ Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of October 11, 2005, regarding the above referenced subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a Mure meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. Sincerely, Q ~~-4 ames V. Mudd County Manager JVMljb cc: David Weigel, County Attorney Marla Ramsey, Public Services Administrator _. -"-. " Agenda Item No. 68 October 11, 2005 RECEIVED COUNTY ~bf:Flce SEPTEMBER 14,2005 SEP 2 8 2005 JAMES MUDD, COUNTY MANAGER COUNTY BOARD OF COMMISIONERS 3301 TAMIAMI TRAIL EAST NAPLES, FL. 34112 ACTION FILE DEARMR. MUDD, WE STRONGLY REQUEST PERMISSION TO COME BEFORE THE COUNTY BOARD OF COMMISSIONERS TO BE HEARD UNDER "PUBLIC PETITIONS". OUR REQUEST IS IN STRONG OPPOSmON TO THE UNREASONABLE INCREASE IN FEE STRUCTURE FOR BEACH PARKING ESPECIALLY BUT NOT ONL Y,V ANDERBILT BEACH. IT IS OUR UNDERSTANDING A RECCOMENDATION TO TIllS EFFECT HAS BEEN PUT BEFORE THE BOARD OF COMMISSIONS BY THE DEPARTMENT OF PARKS AND RECREATION. WE OPPOSE TIllS PROPOSAL AND HOPE TO GET THE BOARD TO AGREE WITH US. THE RESIDENTS AND TAXPAYERS DESERVE A FAVORABLE AGREEMENT WITH A REASONABLE SOLUTION. HOPEFULLY WE CAN BE PLACED ON THE AGENDA BY OCTOBER 18TH. THANKS FOR YOUR ATTENTION TO TIDS REQUEST. SINCERELY, JEANNE BENEFICO 690 looTH AVEN NAPLES, FL 239-591 -0613 L YDLA BOlTEN 117 WADING BIRD CIRCLE H202 NAPLES, FL 239-591-0468 ENCLOSED /1717 . SIGNED PETITIONS IN OPPOSmON"""1E '" ~ Agenda Item No. 6C October 11, 2005 Page 1 of 2 - ~ COillER COUNlY MANAGER'S OFFICE 3301 East Tamiami Trail. Naples, FL 34112 . 239-774-8383 . Fax 239-774-4010 September 30,2005 Mr. J. Michael Mastej Chief Executive Officer Collier Regional Medical Center 5811 Pelican Bay Boulevard, Suite 500 Naples, FL 34112 Re: Public Petition Request to Discuss Extended Work Hours For Collier Regional Medical Center Construction Project PUDZ-03-AR-4674 Dear Mr. Mastej: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of October 11, 2005, regarding the above referenced subject. - Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your concern and the need for action by the Board at a future meeting. The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office. ar~~--4'" James V. Mudd County Manager JVMljb cc: David Weigel, County Attorney Joseph Schmitt, Administrator, C.D.&E.S. Michelle Arnold, Director, Code Enforcement _. c . t~ . r c o M " t .' - - Sep, 30. 2005 2:46PM HMA INC ~CollierReQiona1 . Medical Ce~:r No. 2a~QndaPLtertlr21o. 6C October 11 , 2005 Page 2 of 2 September30. 2005 . James Mudd Coller Co\IIty AdmInIslrab 3301 Tamlaml Trail East. AdmInbilbduon Btdg Naples. FL34112 Re= COllier Regional Medlc81 Center PUDZ.()3..AR..4IJ74 SDP-AR.#74Q1l Dear Mr. Mudcl: A& you know, Irtedh Management As8ocIat8a r8C8MKI a CertIfIcate d Need to con&trud. a hospital In East Naplel approximately lime ~ ago. We 1hen wII18100d two legal ~86 and ulllmately prevailed. The88 chaIengee delayed 1he consIructIon of thII much need proJect for tb8 East NapIe8 and MarQ,) llland communIIII. I-NA Is planning on compIeUng this Medlc81 Center In time for 1h8 beglnntlg of the 2OOeI2007 "8e8son". Indeed. a slgnbnt reaeon for the approval by lie At;Jancy for HeaIIh Cant Acbinlltnltion (AHCA) is the shortage of..h08pItal beds and long emergency. n)OQI waJfa In Coler County I espectdy duIIng aeason. In order to compIeIe this boIpIIaJ In 1hI8 time flame we are AlQUestIng permlssfon to ....nd our workweek. We under8Iand CoIIJer COunty'& work rules 8re from dawn to dusk six d8ya a week. We respeclfuly ~ that ~ County allows U8 to \\OIt on SUnday from 8:00 ~ to 6:00 pm. Our 8i&8l& ~1n.;m.a...that-I&_~'b'/-N8idenIaI~ thu& lends ItSelf to an extension of the workweek. This work Will be low Impact with loW nolle levels, This matter has been dleen.eeI wIIh our only neighbor. Fritz Chrl8tlnat fA Kountree Kampinn. Mr. Chrtstlnat f1as no problem wlIh our working on SUnday. We appreciate your conekterdon rl this requeet and ask to be inCkIded in 1he PubIc PeUtion portion of Ihe Odober 11. 2006 Boerd d County ComrnIsaIon8I8 agenda. ~~~ J. MasteJ Chief Execu1IYe 0ftIcer Coler Regional MedIcal Center Cc: Joseph Schmitt -- 1. MiobIe1 MaIIej. C2aief:Eucl'ltiw om.. 5811 PtiliamBay~ Sa:lte ~-~ FL 34112 ~9) .591M131.Fa: (239) S98-~ .... .. Agenda Item No. 7 A October 11, 2005 Page 1 of 35 EXECUTIVE SUMMARY Petition: V A-2005-AR-7444 Terry & Charlotte Rhodes, represented by McGarvey Custom Homes, request a variance to reduce the east side yard from the required 30-foot setback of the Rural Agricultural Mobile Home Overlay zoning (A-MHO) district, to 21.1-feet to authorize replacement of an existing pool fence with a proposed screen enclosure. The subject parcel is located at 11230 Five Oaks Lane, further described as Township 48 South, Range 27 East, Lot 64, Block E, Twin Eagles Subdivision Phase I, Plat Book 30, page 78 Collier County, Florida OBJECTIVE: To have the Board of County Commissioners determine whether the requested variance is consistent with the Collier County Growth Management Plan (GMP) and Land Development Code (LDC) and is in the best interest of the community. CONSIDERA TIONS: The petitioner is requesting a variance to reduce the east side yard setback from the required 30- feet to 21.1-feet to authorize replacement of an existing pool fence with a screen enclosure. The subject property is zoned Rural Agricultural District-Mobile Home Overlay (A-MHO). - The existing single-family dwelling is a permitted use in the A-MHO district (LDC Section 2.04.03 Table of Land Uses in Each Zoning District). The existing home and fence meet minimum Land Development Code setback requirements (Collier County Building Permit #2002022393). The LDC does not restrict the location of fences in the A-MHO district. The Collier County Land Development Code (LDC) requires a minimum 30-foot side yard setback for principal and accessory structures in Agricultural Zoned districts (LDC Section 2.07.00 Table of Setbacks for Base Zoning Districts, and Table 4 of LDC Section 4.02.03 Specific Standards for Location of Accessory Buildings and Structures). The proposed screen enclosure is listed in the LDC as an accessory structure, and as such, is required to meet the minimum 30- foot side setback. The petitioner maintains that the reduced setback is appropriate because certain single-family zoning districts allow a 10-foot setback for waterfront side yards (this property abuts a lake in the rear). In fact, that lO-foot setback only applies to waterfront side, not rear yards. Furthermore, the most similar single-family zoning district requires a 30-foot side yard setback, waterfront or otherwise, which is the same required for the A-MHO district. FISCAL IMPACT: Approval of this petition will have no fiscal impact on Collier County. .- RHODES VARIANCE, VA-2005-AR-7444 EXECUTIVE SUMMARY Page 1 of 3 Agenda Item No. 7 A October 11, 2005 Page 2 of 35 GROWTH MANAGEMENT IMPACT: The subject property is located in the Agricultural/Rural Fringe Mixed Use District, Receiving Lands designation of the Future Land Use Map of the GMP. Variances are not specifically addressed in the GMP, therefore there IS no GMP impact associated with the variance. ENVIRONMENTAL ISSUES: There are no environmental issues associated with this petition. ENVIRONMENTAL ADVISORY COUNCIL (EAC) ISSUES: The EAC did not review this petition because the EAC does not normally hear variance petitions. PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPe) heard the Rhodes Variance at its August 18, 2005 meeting. The petition was continued because staff was asked to investigate if the development standards contained in the Rural Fringe Mixed Use District Overlay would permit the accessory screen enclosure as it is proposed, without the need to request a variance to reduce the 30 foot side yard required in Agricultural zoned properties. Analysis of the Rural Fringe Mixed Use Overlay, Section 2.03.08.AA.a.iii, indicates that the minimum yard requirements are the same as in the subject parcel's underlying zoning (A-MHO). The petitioner requested that the item be heard at the September 15, 2005 CCPC meeting. The Department of Zoning and Land Development Review Staff recommendation to the CCPC remains the same: that the CCPC forward a recommendation of denial of petition V A-2005-AR- 7444 to the Board of Zoning Appeals (BZA). The CCPC voted 8 to 0 to forward this petition to the BZA with a recommendation of denial. The Planning Commissioners found this petition was not consistent with the variance criteria listed in Section 9.04.03 of the Land Development Code. This included their finding that there was no land related hardship related to this petition. Because the CCPC recommended denial, this petition could not be placed on the summary agenda. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the Collier County Planning Commission (CCPe) and the Board of Zoning Appeals (BZA) must be based. The legal considerations are reflected in the CCPC evaluation of the listed criteria in Chapter 9.04.03 of the LDC. These evaluations are completed and have been incorporated into the attached staff report. RHODES VARIANCE, VA-2005-AR-7444 EXECUTIVE SUMMARY Page 2 of 3 Agenda Item NO.7 A October 11 . 2005 Page 3 of 35 The Board of County Commissioners must utilize 8 criteria in considering a variance petition (see professional planning staff analysis). This analysis appears on pages 9 and 10 of the Staff Report and is summarized below: It must be understood that the Staff Report and Executive Summary are only part of the picture. There will be evidence presented by the petitioner, and members of the public may speak at the hearing on this item. The Board must also take into consideration that testimony as it relates to GMP consistency and the 8 standards for consideration for the variance. The Board of County Commissioners may impose reasonable stipulations, safeguards, or restrictions upon the variance. These stipulations, restrictions or safeguards include those requirements necessary to protect adjacent or nearby properties from any adverse impacts of the variance. A simple majority is required to approve a variance. SUMMARY: Staff has analyzed the guidelines associated with the variance request and has determined that there are no land-related hardships associated with the variance. There are no conditions that ameliorate the impact of the reduction of the east side yard setback. The petitioners would be able to enjoy a reasonable use of the land whether the variance is approved or not. As noted above, the GMP does not address specific variances requests; it addresses the land use that is proposed. RECOMMENDA TION: Staff recommends the Board of Zoning Appeals deny Petition V A-2005-AR-7444. PREPARED BY: Carolina Valera, Principal Planner Department of Zoning & Land Development Review ,-, RHODES VARIANCE, VA-2005-AR-7444 EXECUTIVE SUMMARY Page 3 of 3 Item Number: Item Summary: Meeting Date: Agend~ Itern No, 7A October 11, 2005 Page 4 c-1 35 COLLIER COUNTY BOARD or COUNTY COMMISSIONERS 7A This item continued Irom the September ~', 20DS Bee Mf!8ting This item req'-lires th,H all :;.articlpants be 6'1.'0"" in and ex pa~te disclos~:re be pro';!ded by ':ornmissian members 'If A- 2D05-AR-7444 'rorry- & C:hariott~ Rhodes repr~senled by Mr;Gar"e~' CLJstom Homet., request a vallance to !educ(- the east side yard from the requiled 30-fool setbacK of the RUlai Agricultural Mcbile -1ome Overlay zoning lA-MHO,! district. to 21 .1-feel tel authorize ep:ac~n1ent oj an e~isting peol rent!', .....Jtn a prapo..ed l>creen "nclcsure The subject parcel II> located at ,1230 Five Oakl> Lan(-, furthH des::;ribed as Township 48 South, Range 27 E.aill, Lot 54 Block E, TV;;!l Eagle" Si.lt,rjivision Phase Plat 8001-. 30, pag., 78 Co:j;er COUIlty, '"IOIida 10/11/::'OOt, 9000Q At", DMl' APllrovcd B)' Ray Bellow!> Community Development & Environm....ntalServlces CnlefPlal'lner Zoning &. L.and Development Re'Jlew 9/i'IZ005 3:21 PM Norm E. Feder, AICP D... Appro\'cd B)' Trllnsport<ltll':lI1 &ervlce~ Tranriportatlon Division Administrator lransportatlon Services Admin 9112120058:32' AM Appnl\'ed By Susan Murrl1Y, Alep Community OC'o'eloprncnt & Environmental Servlcclt Zoning 8.. Land Devl:!lopmenl Director 0,100- Zoning & Land Development Review 9114/20055:30 PM Da.. Appro\"ed By Sandra lc-a Ex('cutive SI'Crc-tary 9{16f200512~41 PM Communlt.y Development & Community Development 8. Envlronme-ntal Services EnvironmenUlI Services Admin. Appnl\'cd By D". Constance A. Johnl'ion Ope,ratlons Analysl AIIPro\"cd By CommunIty D!Cvelopme-nt & Community Development & En....lronmcnt~1 Servin]", Envlronment"l S('rvlces Admin 9116.'200512:45 PM Joseph l(, Schmitt CommunIty D~\lelopm~nt & EnVltOl'lrnent31 Servlc~s Communlt}' Development 8- En....lronmental Services. Adrnlnsrrlltor n.'l~ Community De'o'e-lopml'nl & EnvIronmental Servlcf.-s Admin 911612:01l53:23PM Da.. Appnl\!cd By JennlfN A, Be-lpedlo County Attorney Assistant County Attorney County Attorney Office 9t16,'20()53:34 PM Dat.e' Apl)rtwed By OMB Coordin<ltor County Manager'. Office Admlrtlsttatlve Assistant O"lc.e of M.'Inllgemel'lt & Budget IH2012005 2:29 PM Da.. Appnl\'ed By MlIrk isacllson County Manager's omce Budget Analyst Office of Management & Budget IH2012CO!l2:56 PM 0... ApllrO\'ed By MiChael Smykows,kl County Manager's Office Management &. Btlogt'-t Director Offlc~ of Management &. Budget 9!20f2005 5:14 PM D... Appro\'cd By James\!. Mudd Board of County (:ommis,lOioners County Man/lger County ManagN's Otllcf.' 9!Z1f2005 9~49 AM Agenda Item No. 7 A October 11, 2005 Page 5 of 35 Co~r County - -- - SUPPLEMENTAL STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: SEPTEMBER 15, 2005 RE: PETITION: V A-20052-AR-7444 (RHODES VARIANCE) SUPPLEMENTAL STAFF REPORT SUPPLEMENTAL ANALYSIS: The Collier County Planning Commission heard the Rhodes Variance at its August 18th, 2005 meeting. The petition was continued because staff was asked to investigate if the development standards contained in the Rural Fringe Mixed Use District Overlay would permit the accessory screen enclosure as it is proposed, without the need to request a variance to reduce the 30 foot side yard required in Agricultural zoned properties. The petitioner requested that the item be heard at the September 15, 2005 Planning Commission meeting. The subject parcel is located in a non-clustered sub-division. Analysis of the Rural Fringe Mixed Use Overlay, Section 2.03.08.A.4.a.iii, indicates that the minimum yard requirements for non- clustered developments are the same as in the subject parcel's underlying zoning (A-MHO). The Department of Zoning and Land Development Review Staff recommendation remains the same. Staff recommends that the Planning Commission forward a recommendation of denial of petition V A-2005-AR-7444 to the Board of Zoning Appeals. ATTACHED INFORMATION: The Staff Report prepared for the August 18, 2005 Planning Commission meeting is attached. Agenda Item No. 7 A October 11 , 2005 Page 6 of 35 PREPARED BY: CAROLINA VALERA, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: RAYMOND V. BELLOWS, MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN MURRAY, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN DATE Tentatively scheduled for the September 27, 2005 Board of County Commissioners Meeting 2 Agenda Item NO.7 A October 11 , 2005 Page 7 of 35 Co~T County ~ ~~ - ST AFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: AUGUST 18,2005 SUBJECT: PETITION V A-2005-AR-7444 (RHODES VARIANCE) PROPERTY OWNER/AGENT: OWNER: Terry and Charlotte Rhodes 11230 Five Oaks Lane Naples, Florida 34120 AGENT: McGarvey Custom Homes 27599 Riverview Center Boulevard Suite 105 Bonita Springs, FL 34134 REQUESTED ACTION: The applicant requests a variance to reduce the east side yard from the required 30-foot setback of the Rural Agricultural Mobil Home Overlay zoning district, to 21.1- feet to authorize replacement of an existing pool fence with a proposed screen enclosure. GEOGRAPHIC LOCATION: The subject parcel is located at 11230 Five Oaks Lane, further described as Township 48 South, Range 27 East, Lot 64, Block E, Twin Eagles Subdivision Phase I, Plat Book 30, page 78 Collier County, Florida (see location map on the following page). V A-2005-AR-7 444 Page 1 of 11 Agenda Item No. 7 A October 11 , 2005 Page 8 of 35 i ~ oi li. B I " ~ g 3 i i ;! ~ Q. <C ~ :;l ::I R ~ W ~ ~ ..... - en ~ ! , oi B li. ~ i ;! . ~ . . .... e! -< . II) 0 0 N nw:;B Q1 lCN / -.. . - -< > 'II: -- Z 0 -..nlllO __ !lI ... ; ; e e ; ... ; !i~ W !ill !i" !i~ E. E. " D- o ~~ ='ii bZ .. ii lIii ::Ii. .ii wQ ~I I II I ,!< I ~ 00 :::9 Q. ; e <C E. il:;l ~Ii !l ~ii ~ . ii I I z t 0 - !!! =' II " -ii ..... f I <C u () '00 m J ; I 0 I ii. ..J ::! :! :; II ill - =i i I I i ~ I e z is a~ (.) :l Nii ~ ! d I ... ~ II V A-2005-AR- 7444 Page 2 of 11 Agenda Item No. 7 A October 11, 2005 Page 9 of 35 PURPOSEIDESCRIPTION OF PROJECT: The petitioner is requesting a variance to reduce the east side yard setback from the required 30- feet to 21.1- feet to authorize replacement of an existing pool fence with a screen enclosure. The subject property is zoned Rural Agricultural District-Mobil Home Overlay (A-MHO). The existing single-family dwelling is a permitted use in the A-MHO district (LDC Section 2.04.03 Table of Land Uses in Each Zoning District). The existing home and fence meet minimum Land Development Code setback requirements (Collier County Building Permit #2002022393). The LDC does not restrict the location offences in the A-MHO district. The Collier County Land Development Code (LDC) requires a minimum 30-foot side yard setback for principal and accessory structures in Agricultural Zoned districts (LDC Section 2.07.00 Table of Setbacks for Base Zoning Districts, and Table 4 of LDC Section 4.02.03 Specific Standards for Location of Accessory Buildings and Structures). The proposed screen enclosure is listed in the LDC as an accessory structure, and as such, is required to meet the minimum 30-foot side setback. The petitioner maintains that the reduced setback is appropriate because certain single-family zoning districts allow a 10- foot setback for waterfront side yards (this property abuts a lake in the rear). In fact, that 10-foot setback only applies to waterfront side, not rear, yards. Furthermore, the most similar single-family zoning district requires a 30-foot side yard setback, waterfront or otherwise, which is the same required for the A-MHO district. SURROUNDING LAND USE & ZONING: North: East: South: West: SUBJECT PROPERTY ~ V A-2005-AR-7 444 Bonita Bay East Golf Club, Zoned A-MHO Single-family house, zoned A-MHO Drainage and lake maintenance easement within the A-MHO district Bonita Bay East Golf Club, Zoned A-MHO '" ZONING MAP Page 3 of 11 / Vl 8 c:; '.J liJ w r,; 0\ V1 <::::> \0 W ~ ~! ~n ~li1 '" .. ';;'~ lq"- ~~ i\; (0 'n <::::> ru i ~ ~ a I / " I / / ' I ./ I I ~:!! I ~ ~- ~~ii1 I 0;: ~ 5r.:;O eo ~ ~ I ~b'" I ~!Ci) ,;,J;~ I lql'l :0: <:: I ~ ~ 2: .. ~ 1'I1---J. L\ \ 1 I I I I V A-2005-AR-7444 l> .... '" " ';:=V).I ~l>~ b~~ l"?t~~ &~~ " ~.:o:;e :::lJ>)~ ~~i! 11,.., t;""~ '" :0: <::> ~ '"'- '" ~ri't t4~~ -- ~~~ .......... ""1 ~ ~ J'5 ....... ~ . 9.5 ....... /'O/'c .......__ . 208. ........ .00'-_ UI U\ ':II w ~~ w . CI;) 6 w - --- I 1 ~I gl ~I .... \O,~ ''.J ~I~ 0\ ~I . \0 ~I ;'1 :01 /' / /" 1 / ' l' ,,/ /1'/ II ....... .- "'I ~ ~ ~,. -..11: .. ........ ~ 5 @ .., ~ 'Ii '10.... ~.~ ;:; -25;-~ ~ ~ ~ ~ I <:> :::1 ~I ... ~l --I ~l ~I I 'l?",,~~ 1 " " "! \ ~ ~I 51 '" ~I ~ QI ..... ..... go ~..-i nit .. ~ 8 I>:I~ 1'1.... ]:>. ;l)W .......... ~ ' C1~ l> I r- -.. + 1>:1 ]:> VlUl .....\0 VI"" \0 ~ -------- - 1 ~~ ~ ~i ~ ~f'l ~ "''' ';'~ ~~ ~1< ~.., .; ~ '" i i ~ , , , , I , , , I 1 I , I N.88 "S2'O 7'E:. 286.27' PARTIAL SITE SURVEY (Existing conditions) Page 4 of 11 Agenda Item NO.7 A October 11 , 2005 Page 10 of 35 ..~ .... ~'" ~: +- ~ ~ <:> <:> ui <:> ~~ ()\~~ ~~~ . ... wg ... 0\ ~' \0 >.0 '.J q) ........ . ~ i" '"'- '"'- QI .......... 00 ~,,;: niCli : ........ ........ Agenda Item No. 7 A October 11, 2005 Page 11 of 35 j ........ 0\ 0'\ to W ~ f\) , ~ , ~): ....... " 0\-. --...... ~--- .....,.- ' . ~- .-" ",.- ...-'- I , I ~ ...,.,---' r ,- ( r \ ..-,..1 a ~s: ~~ a~ b ... -, ~ ~ ..... "\ "tM .~ f'" , ~,l ~"~"~ ." . - . ~ . ,-.~i aD ~ ...-.-- ~ - ~ _ - -(tfl1,C'-'~ ... - . .--.-- - ----- . '::) I ~ ~ -5-- '7-e. 19 · . I ~ DETAIL OF PARTIAL SITE SURVEY (Existing conditions) Page 5 of 11 V A-2005-AR- 7444 Agenda Item No. 7 A October 11 , 2005 Page 12 of 35 EXISTING POOL FENCE PROPOSED SETBACK '" PROPOSED SCREEN ENCLOSUR 0} t DETAIL OF PROPOSED SITE PLAN VA-2005-AR-7444 Page 6 of 11 Agenda Item No. 7 A October 11, 2005 Page 13 of 35 AERIAL PHOTO EXISTING CONDITIONS V A-2005-AR- 7444 Page 7 of 11 Agenda Item No. 7 A October 11, 2005 Page 14 of 35 AERIAL PHOTO GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY: The subject property is located in the Agricultural/Rural Fringe Mixed Use District, Receiving Lands designation of the Future Land Use Map of the GMP. The GMP does not address individual variance requests, but focuses on the larger issue of the actual land use. The subject petition seeks a variance from the dimensional standards for a single- family house; therefore, the actual use is consistent with the Future Land Use Map. Based upon the above analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land Use Element although the variance request is not specifically addressed. V A-2005-AR- 7444 Page 8 of 11 Agenda Item No. 7 A October 11, 2005 Page 15 of 35 ANALYSIS: Section 9.04.01 of the Land Development Code grants the authority to the Board of Zoning Appeals (BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the provisions of Section 9.04.03 A through H, which are general guidelines to be used to assist the Commission in making a determination. Staff has analyzed this petition and offers the responses to the items in Section 9.04.03 as follows: 1. Are there special conditions and circumstances existing, which are peculiar to the location, size and characteristics of the land, structure or building involved? There is no land-related hardship. The lot is situated in a platted, developed subdivision. The use of the subject property, a single family dwelling, is allowed in the A-MHO district, where the minimum side yard setback for accessory screen enclosures (30-feet) is the same as for the closest comparable residential district (RSF -I). Absent this variance approval, the petitioners would still have a reasonable use of the property. 2. Are there special conditions and circumstances, which do not result from the action of the applicant, such as pre-existing conditions relative to the property, which is the subject of the variance request? No. The existing home and pool fence on the subject site meet all required Collier County Land Development Code yard setbacks. The petitioner's request for a variance for a proposed screen enclosure is sought after building permits for the home and pool fence had been issued. 3. Will a literal interpretation of the provisions of this zoning code work unnecessary or undue hardship on the applicant or create practical difficulties for the applicant? No. The absence of this variance would not create unnecessary or undue hardship. The existing pool fence meets LDC and Building Code requirements. 4. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety and welfare? No. The variance is the minimum required to permit the screen enclosure as it is proposed. Absent of the variance, a screen enclosure may be permitted if the site plan is redesigned and the location of the screen enclosure is modified to meet the LDC side setback, which may involve reconfiguration of the pool and pool deck. Approval of the variance will not have a negative impact on the standards of health, safety and welfare. 5. Will granting the variance confer on the applicant any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes. The granting of the variance would allow a house with a smaller side yard than other houses within the subdivision where the subject property is located, as well as, in the rest of VA-2005-AR-7444 Page 9 of 11 Agenda Item No. 7 A October 11, 2005 Page 16 of 35 the A-MHO zoning district, thus conferring a dimensional departure from the Land Development Code requirements. 6. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No. The Collier County Land Development Code provides for specific required side yard setbacks; therefore, this variance will not be in harmony with the LOC. 7. Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes, golf courses, etc.? No. 8. Will granting the variance be consistent with the Growth Management Plan? Approval of this variance petition will be consistent with the GMP since it will not affect or change the requirements of the Growth Management Plan. EAC RECOMMENDATION: The Environmental Advisory Council does not normally hear variance petitions, and did not hear this variance. STAFF RECOMMENDATION: Staff has analyzed the guidelines associated with the variance request, and has determined that there are no land-related hardships associated with the variance. There are no conditions that ameliorate the impact of the reduction of the east side yard setback. The petitioners would be able to enjoy a reasonable use of the land whether the variance is approved or not. Zoning and Land Development Review staff recommends that the Planning Commission forward a recommendation of denial of petition V A-2005-AR-7444 to the Board of Zoning Appeals. V A-2005-AR- 7444 Page 1 0 of 11 Agenda Item No. 7 A October 11 , 2005 Page 17 of 35 PREPARED BY: CAROLINA VALERA, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: JENNIFER A. BELPEDIO ASSISTANT COUNTY ATTORNEY DATE RAYMOND V. BELLOWS, MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN MURRAY, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION RUSSELL A. BUDD, CHAIRMAN DATE Tentatively scheduled for the September 13,2005 Board of County Commissioners Meeting V A-2005-AR- 7444 Page 11 of 11 Agenda Item No. 7A October 11. 2005 Page 18 of 35 RESOLUTION 05 -_ A RESOLUTION OF THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA RELATING TO PETITION NUMBER VA-2005-AR- 7444, TO REDUCE THE SIDE YARD REQUIREMENTS FOR THE A-MHO DISTRICT TO AUTHORIZE THE REPLACEMENT OF AN EXISTING POOL FENCE WITH A SCREEN ENCLOSURE, ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (LDC) (Ordinance No. 2004-41, as amended) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability to reduce the east sideyard from 30-feet to 21 '1" feet to authorize replacement of an existing pool fence with a screen enclosure, as shown on the attached plot plan, Exhibit "A," in an A-MHO Zoning district for the subject property, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with LDC Section 9.04.00; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that Petition V A-2004-AR-7444, filed by McGarvey Custom Homes, representing Terry and Charlotte Rhodes, with respect to the subject property hereinafter described as: Township 48 South, Range 27 East Lot 64, Block E, TwinEaglesPhase I, Plat Book 30, Page 78, , Collier County, Florida be and the same hereby is approved for a 8'11" variance from the side yard requirement of 30- feet to 21 '1" feet authorize replacement of an existing pool fence with a screen enclosure as shown on the attached plot plan, Exhibit !lA," in the A-MHO Zoning District subject to the following conditions: Agenda Item No. 7A October 11. 2005 Page 19 of 35 1. The variance granted is limited to the accessory structures, depicted and more particularly described on attached plot plan, Exhibit A. 2. If the principal residential dwelling structure is destroyed for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, all reconstruction of the structure and accessory structures must conform to the provisions of the Land Development Code in effect at the time of reconstruction. BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A- 2004-AR-7444 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of ,2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ,Deputy Clerk FRED W. COYLE, CHAIRMAN Approved as to Form and Legal Sufficiency: ~K ~ c~ Jenniler A. Bel~~o Assistant County Attorney V A-2004-AR-7444/CV/dc 2 Agenda Item No. 7 A October 11 ,2005 . Page 20 of 35 -, .... ~ . ... COLLIER COUNTY GOVERNMENT DEPT. OF ZONING &, LAND DEVELOPMENT REVIEW WWW.COlllERGOV.NET 6968 (i) 2800 NORTH HORSESHOE DRIVE NAPlES, FLORIDA 341 04 (239) 403-2400 FAX (239) 643- VARIANCE PETITION APPLICATION (VARIANCE FROM SETBACK(s) REQUIRED FOR A PARTICUlAR ZONING DISTRICO PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER RE-SUBMITT AI. VA-2005-AR-7444 PROJECT #2004080027 DATE: 617105 CAROUNA VALERA A~ to be completed by nqff APPLICANT/AGENT INFORMATION. _1 " . NAME OF APPlICANT(S) Te.~ . 4 C "'o..<"-\O-! -t<2.. -Rhcde.. cs. ADDRBS . \ (';)3Q ~"e.O~_L~ CITY ~O-f'\.eS STATE _~L ZIP 3~t'2..0 TELEPHONE#~CELL# FAX # E-MAIL ADDRBS:__________ NAME OF AGENT .' -frV:~..~"f.~_~ ~S~~.. ADDRESS "' . I I ~ I I '2..15'1'9 R.~~IJ;~ c.tr..BlLcITY__&C"\.\'6.... STATL{:"L ZIP2.:t.!b TELEPHONE #..33 d. ~~ 'fO _CELL # _ __FAX # 9 q..).. ~la 7fo__ VarilllCC Application n:v. 12123104 Agenda Item NO.7 A October 11 , 2005 Page 21 of 35 E-MAIL ADDRESS: t:>io.~ rOb~\l'\s ~ O'\~o.i"\lCl..<jd~tiop~, ~ BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. "ASSOCIA nONS Complete the following for all Assoclatlon(s) affiliated with this petition. Provide additional sheets If necessary. NAME OF HOMEOWNER ASSOCIATION: A ~;."' ~\e.s. ~r~~~ D~oU- ~. MAILING ADDRESS '\~''3S ~c-s~ m6!\~li~l1Y ~(es STATE Fe.. ZIP '3'4 \ \ Q.. c.irc..~ -- -- ...... SOCIATION: _ CITY STATE ___ NAME OF HOMeo~ASSOCIATION: /" :~DRESS _~ . ZI _~ _ STATE __ _CITY NAME OF MASTER ASSOCIATION: _60(""\\-\-0- 6~ ~("~ __ MAILING ADDRESSt}~9 ~~~12cL-- CITY ~'k STATE ~ ZIP JJ!5 NAME OF CIVIC ASSOCIATION: Varianc:e Application rev. 12/23104 MAILING ADDRESS -. _ CITY Agenda Item No, 7 A . October 11 , 2005 Page 22 of 35 n.STATE_ZIP I PROPERTY DESCRrmON Legal Description of Subject Property: ] Section/Township/Range ~O /_,"!/_.;J 7 Property I.D.#:....J~U.Q.Q...~(e~:t_ Subdivision: "Tu.)i'~ ~~ Unit fl,~ r Lot: ~ Block: t Metes & Bounds Description: ,,\~ 6cc\<.. -:!.o I p~ 7 8 ~ iSS Acreage Address of Subject Property (If cti1fmnt from Petitioner'. address): , l ";) '30 f" \ \J~ Oo-\ols L~~ tJ'""'i' \ ~ ~ r:: L ~ "i l :l 0 -.. -.. ADJACENT ZONING ANO"LANO'tJSE ' ...... , Land Use . R~~l~oi ---;~~~c..u..\~oL GolcM..-. G~ €.3~ ~es'~'&. -~ Provide a detailed explanation of the request Including what structures are existing and what is proposed; the amount of encroachment proposed using numbers, i.e. reduce Variance Application rev. 12123/04 . Agenda Item No. 7 A October 11, 2005 Page 23 of 35 front setback from 25' to 18'; when property owner purchased property; when existing principal structure was built (include building permit number (s) If possible); why encroachment is necessary; how existing encroachment came to be: etc. \<~\k.e.s. +- -b t" e.r I~ .c..,.,~ k ~ .pccJ ~ _ u.,) \ .~ a..... S~ ~~~IN:1_\ ~i'5.f\~ S-\-(u~~"-~ tV'.lQJ- t_~\.~ F~ ~ 2002. 02'2.. ~C)3.c.......'-~\'1 ~~ ~ ~u' $\c\~ SR.+b~. a..d.. --tk Fo1 ~ , i':::.\.u\~ ~ ~ la' o...c.<-e~s~ ~~, . R.ef0~ ~ o~ w{ ~ lJ...)~ ~~ ewoc:..c:.~ ~i\.. ~ s\~ ~bc~ b~ .~I (O,t;-(,(Q", Please note that staff and the Collfer County Planning Commission shall be guided In their recommendation to the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in its determination to approve or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using additional pages If necessary,) -.. -.. . "' 1, Are there :>>pedal condlt10ns and circumstances existing which are peculiar to the. location, size aft" characteristics of the- land, structure, or building involved. _-$~~S2e~~ ~o..c GO,,",ca.A. ~(' \ ~l~_~ T _-l.nU~J.~~~b~., A Y'\or~ r<2.'S\~ _~k?_~ ~~LQ:\\~~~_~~~ ---------------------------------- ----------------------------------- . . 2. Are there special conditions and circumstances which do not result from the action of the applfcant such as pre-existing conditions relative to the property which is the subject of the variance request. ___':i.~~_:!.h~__.p~~-Ld~-~ _'- ~'~s.~. _~~___ ~iS- -\\ !S..._2b:.~~~_ eo. S __~~_~ ~~d.cZ.~_ Variance Application ~. 12~3Al4 Agenda Item No. 7 A October 11 , 2005 Page 24 of 35 --.-.. .. . --\2-u-~~~ A-~ i ~ .~~-!-__~_~____~= 3. Will a literal Interpretation of the provisions of this zoning code work unnecessary and undue hardship on the applicant or create practical difficulties on the applicant. ~~_~ ht>r(\.e...Ou.:)~ 'tJ.,)O u.1~_J-ll~ j-o__~ _--S_~'2" ~ ~~~ ..::f2--D('OV\~ ~s+ __~_("\ 1-\1::1 \._~ -T-_ ~ ~ ... --LM.,?("o-U-\~c:..cJ.... ~ ~ ~ ~C>C~, 4. Will the variance, If granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. ~e,s s. Will granting the variance requested confer o'n the petitioner any special privilege that Is denied by - .... these zoning regulations to otheilands, buildings, or structures In the samezoning....... district. ~o - ------------------------------------------- 6. Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwIse detrimental to the public welfare. ----~--------------------...--------------- --------------------------------------------- --------------------------------------------------------------------- -------------------------------------- Variance ApplicatiDII rev. 12123104 ... . Agenda Item No. 7 A October 11, 2005 . Page 25 of 35 --- .. 7. Are there natural conditions or physically induced conditions that ameliorate the goals ~d . objectives of the regulation such as natural preserves, lakes, golf course, etc. Nt) -------------------------- --- 8. Will granting the variance be consistent with the growth management plan. ~s ----- -.... -- BE ADVISED THAT SECTION 10.03.05.B.3 OF THE lAND DEVELOPMENT CODE REQUIRES AN APPLICANT TO REMOVE THEIR PUBUC HEARING SIGN (5) AFTER ANAL ACTION IS TAKEN BY THE BOARD OF COUN " . IS ITEM, PLEASE REMOVE ALL PUBUC HEARING ADVERTISINC SIGN{S) IMMEDIATElY. VARIANCE PETITION SUBMITTAL CHECKUST Variance Application ~. 12123/04 83/82/2885 11:28 2396436968 CCllIER CTV ZCHI':6 Agenda Item No, 7 A OctdMEl1,U>t12 Pag~ :26 of 35 i ADDRESSING CRICKLIST P1c:ue romp1. the foUowiD,A.M> F..4X PJI-6S9-$1J4) OIl. srlBM1T IN PEltSON TO THE ADDRESSING SEC'l70N. FORM MUST BE SIGNED BF ADDrF-fl.vING PEltSONNEL PRIOR TO PRE- PtPC4'T10N MEETING. Not all items will apply to every project. Items in bold type are. required. , 1. Lepl dllCl"iptloJ! of subject ~ or properties (copy ofltmgthy ducription may h, aitachtd) IJJT fA<I r.s~.L:~ p~12. ~ !:Io.i -~ . ' ~ ~'v. ~ if~ - 'JUJ:/!J. ~~r: e7P ~ t:H 2. Folio (lroperty m) aamber(.) of a (attaddo, ~ lib witll, legal ducription tfmore than OM) . 'i8St1 20::;/ .21oq . '. .' 3. S~ address or addresIeI (41' QJ1PlitxJb/e, if emady o.utpd) IllJo ~e O.+~ J...J~ () 4. Loeadoa map, sho exact location ofprojectlsite in relation to nearest public road right-of-way (attach) 5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) . '. 6. Proposed project name (if applictlble) ,. Pzoposed S~ ~ (if appliJ?able) 8. Sb Development PIID Number (pOR EXISTING PROJECTSISlTBS ONI. Y) SDP - . 9. P~Type - (Complete a scpat'IIte AddrcssiD& CMc-Jd;. for each Petition Type) . B SDP (Si1e Deveiopma:lt Plan) 0 PPL (P1aus & Plat Review) . . SDP A (SDP Amendmcut) 0 PSP (Preliminary Subdivision Plat) SOPI (SOP IDsubstantial Cbqe) FP (Final Plat) SIP (Site lmproYemem Pia) LLA. (Lot Line Adjustment) SJPI (81PI Insubst8D1ial Cb,..) BL (BlutiDg'Permit) SNIt (Street Name Change) _________ ._.B.OW ~taJ't~..ot:. Way.bm1it) -VeasaaoDlEXoti.C(V'eg. RemOval ~)' EXP (Exca'vation Pemtit) . LaDd Use Petition ('larl~ Coitdi:tioual Use, B VRSFP (Veg. Removal &: Site Fill Permit) Boat Dock Ext., Rezone. PUD remnc, etc.) . ' lDR (T~ ()fDevelo~ RiPts) . o Otl= - Describe: . . " 10. Project or, developmCt Dames propoied for, or already appearing in, condominium doCuments (if . applicable; indicate wbetb.er proposed or existin&). 11, Please Cbeck OIle:r:l~ist is to be Paxed Back Cl Pmo~ Picked Up . .t'\. _ 12. Applicaat Name ~ .J'". ~crmz..., >>1.; ~~, PhOlle fI- Jt:1?o Fa:..1 fWl~ ... 7 c.. T 13. Signature on Addressins Oieet . st does not constitute Project _""1M ~treet Name armroval 1M is subjW , fUrther review by the Addressing Section. V A-2005-AR-7444 _ . PROJECT ## 2004080027 DATE: 4/11105 ROBIN MEYER FOR.STAFF VSIC ONLY Primary N11Dlber 3'i 5~ ,q Address Number ~,z.~~'Z. A.ddzaa Number . Address Number ~ by .J)Juoi'JJ f11JK n ..w"l Date ~ i'f... , 4- - O'i- Agenda Item NO.7 A October 11 , 2005 Page 27 of 35 (i) AFFIDAVIT QI, IE-v ~ \ -I e 1\ P<1ll.U':\lt~~~~ duly swam, depose and say tfratQ am/are the ~ners 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 applialtlon 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 propertyownerQ.;, further authorize MeG_~~ c.u.sio~ ~l"Y\.~S to act as our/my rep~/Ye'iQmatters regarding this PetJtJon~ . .J ." ....,...., .0 0 & Sig';a~ Property Owner. SI Property Own ' \" ~ Q. \\. ~:r \?l"\)o f f\ Typed 0 .,inteCt Name of Owner ~Q.L()1tE... fr\~HoOfS Typed or Printed Name of Owner The foregoing instrl/ment was acknowledged before me this g day of b~ I 20..oS by TeL i" (' 1: ~ <:- ko..t'" o'He (,2. h~ ~ whQ it; m.rt;nnilllJ/ known to me or has produced as Identification. State of Florida County of Collier ~~'e~NL~. ~ (Signature of Notary Public - State of Florida) ~J\. Diane M RioIl!*lI ,~~==~ .~ ......... ~_.. ~'.__. ... ~._.__ .............. .........._..h..-.....r._._. ....... .. .,............._.~....,...-...~.....".. .."'.~... .. ". . ...... ..... .. .-.,-......- . -~.. ,... ...-." .~. .. "." (Print, Type, or Stamp Commissioned Name of Notary Public) Variance Application rev. 12123104 V A-2005-AR-7444 PROJECT ## 2004080017 DATE: 4/11/05 ROBIN MEYER Tarpoa 'ntIe SenloeI,LLC !JIM Ceca" Road Slllte 101 Boalta Sprtap, JI'L 34135 23~""" File Number: Rhodel.2l53 till ... . IIII . lEU ..... ... !CUI Agenda Item No. 7 A October 11, 2005 Page 28 of 35 rSplre Above 'I'tdI Un, Par RecordiDc Dalal Warranty Deed ThII Warranty Deed made tbia 17tb day of May, 20M between Mc:Garfty CaItom Bom... IDe. wboso post oflicc address ia %7300 RJventew Ceater 81ft., SIIIte 101, BoJdta SprIDp, FL 34134, pantor, and whOID post o1ftce Iddress is 4320 KeDdqtoD BJcb St., Naples, n. 34105, grantee: (WbIaover aud henliD the1emu .paIGI" 1ad........bI::hlcIe III the pldiel to thII iutnaIIG ... the heln, JepI J<.y.~_ ad..... vl _ iDdividuIJI, md tbe IIJCClOIIDn 1Dd.... ofcorpoadiaal, trats UlCllnllleel) WitDeueth, tb8t BIIid arantor, for and in coosider8tiOll oftbe B1JDl ofTBN AND NO/lOO DOLLARS (SIO.OO) IDd otbc:r good and V81uablc considerations to uid potor in baDd paid by said arantec. the receipt whereof ia hereby d:nowlcdpd, baa snmtDd. bargajDcd, and sold to the said anmtee, aad sramec'l hein and usip forever, tho foUowiDg dcacn'bod land, situate. lying and being in CoBler Coot)', JI'Iorlda to-wit: Subject to taxes for 2004_ 8Dd limitations or record, if Toptber wi1h all the teDcmcnts, To Have and to Hold, the lIIDe .cticms, oueDUIlCI, ~ . or in lIIIywia appc:nainiDg. AIld the grmtor hereby covoaanll pmtor bu good right azul lawfUl land ad wiD defend the same apinat th CltC8p es accrum, 8U ID Witness Whereof, gnmtor hu hereunto set grantots hand aud seal tho day and year tint Ibove 'Nrittea. Siped, sealed and delivered in our presence: ~N~~:f~.d. ~J.Fa~ . Wi ame: tt:rf: J '''~ (CoIporate Seal) .'....j. "';...;,....II~I.' .':1. ,;,Nt ..,i'.N J:Jq -...... .' C' t;,)~..".. '.. -.. .11. "..~"...~~ '-~. ..'.;. .t{:rl-~ ;,\ \ ::. ...~. ""Y~ ~. 'i. :: I;''t:~ .1;~ .-. . t ... i t~; ~ 1.J -0 .... : MI .....; ~ c.'4~ ~ "" . '1M (;t: ~;: ;( .. . - '. D.:t ~.. ;: ..~ \. "'{~.... ..,,~. I '. ..-,.J......,.... ~ :..1 . ..,.,"': '" 'l.~. .,...of' ,'i: .... ..., ~ " ~ ",~ .' .".!t.lt~.~~ .f.... V A-2005-AR-7444 PROJECf # 2004080027 DATE: 4/11105 ROBIN MEYER Agenda Item No. 7A October 11, 2005 The foregoing iasaumeut WIll ecbowledged before methia 17th day of May, 2004 by John S, M~~ic?~1~f McGarvey Custom Homes. Ine.. a Florida C01]JOI'ation, on behalf of the ccxpontioa. He is ~y known to me. ~..~Q [N"'"'YScoJ) !i} :.:.~~._ N"'"'Y Iio .J "If' ......'0,., PrintedNamc: ~\e.~~rek My Commission Expires: -r - L 0 -d(S1;n Agenda Item No. 7 A October 11, 2005 Page 30 of 35 Petition No: V A-2005-AR.-7444 AFFIDAVIT OF COMPLIANCE FOR PROVIDING lNDNIDUAL MAn.. NOTICE TO AFFECTED PROPBR1Y OWNERS I hereby certify that P1II'SU8nt to Subsections 2,7,2.3.2,4. and 6, of the Collier County Land Development Code, I did give notice of the pUblic hearing before the Collier County Planning Commission on Mav 11.2005 by U.S. mail to the affected property . owners at the addresses provided to me by the Collier County Property Appraiser's Office, Dated 1his ~ \ day of JJ\ru.~ 2004. Per attached letters which are hereby made a part ohhis Affidavit of Compliance tao',Q"=fx, 1\1'.t'\~ ~ tJUl Company Name Representative ,.- Jun' 28 05 11:318 T.rr~ . Charii RhDdes 2393041970 Agenda Item No. 7 A Ocwbfr 11 , 2005 ~age 31 of 35 ".... J3 The Bonita Bay Group'. June 28, 2004 Mrs. Terry Rhodes 1230 Five Oaks Lane Naples, Florida 34120 Re: Lot 64 - Loehlomond in The Estates at TwinEagles Lanai Enclosure and Landscape Plan Dear Mrs. Rhodes: Thank you for the submittal stamped received June 7. 2004. On June 14.2004. the Design Review Committee reviewed the above-referenced submittal and had the following commentS. LaDai Enclosure The committee approved the lanai enclosure with the following comments: . Please have perez'Industries provide a copy of the building pccnit, a construction deposit of$1.000 and a Certificate of Insurance for our records. LanclscaDe Plan The committee disapproved the landscape plan. stamped received June 7, 2004. Please have the landscaper contact Jerry Kroeger at 390-1122 for questions regarding the landscape plan. Diane Ferrando Design Review Coordinator DFlbs cc: McGarvey Custom Homes Architectural Land Design Perez Industries ' Design Review Conunittee ]innita Bo)' !'foIH'rtit'j< lnt" l/l/!III ('''''''11111 Ruud . Hili'''' \lUll' HUllitl SI>rinK" . Fl. :s'~ I :I.~-""~,;" I> h u tl t."; (\l :If/) .~ II;; - lullll . .. u ,,: (\l:lll) 1/ n ~ - ~,; ';'!! . '~h'll: w w w. II n II ita II I)' ~ r" II p.,' n m Agenda Item No. 7 A ~~~\Ym AUG 1 6 2005 ZONING DEPARTMENT August 11, 2005 Ms. Carolina Valera, Principal Planner Collier County Government Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 RE: Petition V A-2oo5-AR-7444 Dear Ms. Valera On August 8, 2005 I spoke with Chris Tomer, who owns the home adjacent to my property, She advised me that she and her husband have no objections to the above-referenced petition. Sincerely, ~-tt~ Charlotte M. Rhodes 11230 Five Oaks Lane Naples, FL 34120 cc: McGarvey Custom Homes Sep 12 05 11:02a Terr~ & Charli Rhodes 9373391321 Agenda Item R~.q- A October 11, 2005 Page 33 of 35 September II, 2005 Ms. Carolina Valera., Principal Planner Collier County Government Community Development and Environmental Services Division Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 RE: Petition V A-2005-AR" 7444 Dear Ms. Valera: I have reviewed the video recording of the Collier County Planning Commission meeting on August 18, 2005. There are several issues that need either corrected or clarified, Issue One Mr. Mayer asked Bill Must if the owners of the property were aware when they purchased the home that there might be a problem with installing the screened pool enclosure. Mr. Must replied in the affmnative, stating that we were aware of "financial and esthetic" issues that might be a problem. Between the time period of the purchase offer acceptance and the formal closing on May 24, 2004 two contractors visited the site and both submitted proposals (in order the get the work started as soon as possible after closing.) We contacted with Perez industries on May 28,2004 and received formal approval in June from the Bonita Bay Group Design Review Committee. Mr. Perez proceeded to file for a permit from the County, which was denied because of the setback requirement. This was the first time that we were made aware of the situation. Although the issue of constructing an enclosure had been discussed prior to our signing the purchase contract, neither the realtor nor the seller had indicated there was a setback requirement that would prevent installation of an enclosure prior to this time, On August 11, 2004 I initiated the variance request with Collier County with hope of having the setback situation resolved. Issue Two The TE PUD allows only one nome for every five acres ofland; however, none of the residents of TwinEagles own five acres of property. My husband and I own and pay taxes only on the approximate % acres as shown on the site plan We, nor anyone else, can build a guest home or an accessory structure (or, heaven forbid, a double-wide trailer with polyester curtains and a redwood deck) on the property located on the north and west sides of Five Oaks Lane. It is common property, is designated as a "wetland/preserve" and is owned and maintained by The Bonita Bay Group. _~ep 12 05 11: 02a Terr~ , Charli Rhodes 9373391321 Agenda Item ~CJ.3r A October 11, 2005 Page 34 of 35 Ms Carolina Valera September 11. 2005 Page 2 Issue Three 1 contacted Mr. Jerry McPherson at the Bonita Bay Group. I will verify his position later this week. but he is an administrator with Planning and Design. He advised me that Bonita Bay has no current plans to request Phase I of TwinEagles be changed from agricultural to residential. 1bank you for your assistance with this variance request You and your staff have been very cooperative and I look forward to finally meeting you in person at the August lSlll Collier County Planning Commission meeting. Sincerely. ~~1Y~~ Charlotte M. Rhodes 11230 Five Oaks Lane Naples. FL 34120 cc: McGarvey Custom Homes 09/16/2005 10:59 FAX 618 433 0344 YOURTRAVELBIZ ~001 Agenda Item No. 7 A October 11, 2005 Page 35 of 35 S~Dlber16th.2005 J. Lloyd and Christine Tomer 11234 Five Oaks Lane Naples, Florida 34120 Ms. Carolina Va1~ Principal Planner Collier County Government Community Development and Environmental Services Division Department of Zoninc and Land Development Review 2800 North Horseshoe Drive Naples. Florida 34101 In Re: Petition: V A- 2005-AR-7444 Dear Ms. Valera; We are in complete acceptance of the petition and encourage the Collier County Planning Commission to allow the variance. We are neichbors of the Rhodes and have no problem with the screened enclosure added to their prop- erty. It would enhance the value. Yours truly, Agenda Item No. 7B October 11 . 2005 Page 1 of 71 ,...."""- EXECUTIVE SUMMARY CU-2004-AR-6384 Golden Gate Congregation of Jehovah's 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 OBJECTIVE: Staff is requesting that the Board of Zoning Appeals (BZA) review staff's findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPe) regarding the above referenced Conditional Use petition and render a decision regarding the petition. CONSIDERATIONS: - On October 22, 1996, the BZA approved a conditional use (See Resolution 97-440, Exhibit 2) for the subject 5.15-acre site, which comprises an existing 4, 136-square-foot church and attached pastor's quarters, paved parking area, native vegetation, and storm water management areas. The petitioner now seeks a Conditional Use for an additional church building having an area of 4,400 square feet at this current location at 3480 Golden Gate Boulevard. The new church building will be located twenty feet south of the existing house of worship and attached existing pastor's quarters. A total of 153 parking spaces are proposed to meet the minimum requirement of 153 spaces for the proposed 356 seats. Access to the church buildings and parking area will continue from the Max Hasse County Park entrance drive, and a secondary entrance from 1 st Avenue Southwest will be restricted for emergency vehicles only (See Conditional Use Master Plan, Exhibit 3). Nineteen percent (.97 acres) is proposed for natural vegetation preserve area. Fifteen-foot Type "B" landscape buffers are proposed along the west side property line, and a ten-foot Type "0" buffer is proposed to be provided along the adjoining 1 st Avenue SW street frontage. It should be noted that the County has taken the north 65 feet of this property as part of the Golden Gate Boulevard road-widening project. FISCAL IMPACT: _. The new additional church building 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 Conditional Use is approved, a portion of the existing land will be developed and the new development will result in an impact on Collier County public facilities. eU-2004-AR-6384 Golden Gate Congregation ofJehovahs Witnesses Executive Summary Bee Meeting 10/11/05 Page 1 of 3 Agenda Item No. 7B October 11, 2005 Page 2 of 71 The County collects all applicable 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 Section 10.02.07(C) of the Land Development Code, 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 permit include building permit review fees and utility fees associated with connecting to the County's water and sewer system. GROWTH MANAGEMENT IMPACT: Approval of this conditional use will not affect or change the requirements of the Growth Management Plan (GMP). ENVIRONMENTAL ISSUES: The environmental staff's analysis indicates that the subject property consists of no significant environmental conditions. There are no environn1ental issues associated with the project. ENVIRONMENTAL ADVISORY COUNCIL (RAC) RECOMMENDATION: ,- The Environmental Advisory Council (EAC) did not review this petition because the subject property did not exceed the minimum area requirement (ten-acres) and/or the environmental sensitivity of requiring review by EAC. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition at their regular meeting of July 7, 2005. By a vote of 5 to 1, the CCPC recommended to forward petition CU-04-AR- 6384 to the Board of Zoning Appeals (BZA) with a recommendation of approval subject to staff stipulations and the following conditions: 1. A Type "B" buffer, which includes a six-foot tall wall on top of a three-foot tall berm, shall be provided along the western property line consistent with the Land Development Code requirements, which includes irrigation and maintenance. 2. A Type "D" buffer shall be provided along the southern property line. 3. The access to 1 st Ave. S.W. shall be restricted by a gate to emergency vehicles only. 4. The southern most parking stalls shall be constructed with grass pavers. LEGAL CONSIDERATIONS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the BZA 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 - eU-2004-AR-6384 Golden Gate Congregation of lehovahs Witnesses Executive Summary Bee Meeting 10/11/05 Page 2 of 3 Agenda Item No. 78 October 11, 2005 Page 3 of 71 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 Growth Management Plan (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: Staff recommends that the Board of Zoning Appeals approve Petition CU-2004-AR-6384, subject to the CCPC recommended conditions of approval, as noted above, along with the following staff stipulations: 1. The Director of the Department of Zoning and Land Development Review may approve minor changes in the location, siting or height of buildings, structures, and improvements authorized by this Conditional Use. Expansion of the uses identified and approved within this Conditional Use application or major changes to the site plan, submitted as part of this application, shall require the submittal of a new Conditional Use application and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 10.02.03, Site Development Review and Approval of the Collier County Land Development Code (Ordinance 2004-41). 2. The conditional use approval to allow a church building is limited to the site plan identified as "Golden Gate Boulevard House of Worship," prepared by Landy Engineering, stamped "Received 7/12/05". 3. A six-foot-wide sidewalk shall be constructed from the sidewalk along Max Hasse Park Drive to the existing church building prior to the issuance of the Certificate of Occupancy for the new church building, PREPARED BY: Michael J. DeRuntz, C.F.M., Principal Planner Department of Zoning & Land Development Review .- CU-2004-AR-6384 Golden Gate Congregation of Jehovahs Witnesses Executive Summary BCC Meeting 10/11105 Page 3 of 3 Item Number: Item Summary: Meeting Oate: Agenda Item No 76 October 11, 2005 Page <1 e,f 71 COLLIER COUNTY BOARD OF COUNT'( COMMISSIONERS 78 This Item was continued f10m the July 26, ::005 Bee meeting and is !sQJested to be fwther continued to the October 25, 2C05 meeting due to an advertising issue This 'tern require6 That all participants be sworn in and t"!:.: parte disclosure be prnvided by CCl'11mi&l1iicn membNS. eU.2D04-AR,.638~ Golden Gale CC1'1gregalion of Jehovahs W,tnesses represented bv Mike Landy. of Umdy E'lgineering. Inc requesting a Condltjon!"l! Use .1'1 the E"tates 7.0nlr':;:I district tOI Br-. addition a! church huilding pursuant tc Tabie 2 C1t Section :: 04 03 01 the Coilier Count-y Land DevelopmMt Code The proposed Conditionai Use will 'er!a~ the eristirlQ CU-95-12 (E! Ordinante Number 9";"-440 'he ne'N :.'hurch building is t't1opoMd Ie be 4400 square le~t 1 hr-l property consisting of 5 15 acres IS located al 34BO Golden Gale Boulevarc S W, ,rae! 81, C~olden Gale E.,la,e.. Unit N::. ~,in Se::tion 11 TownShip 49 South, Ra"ge 26 Eas:, Naples. ;:'Icrida 10111/2005 90D'00 AM D<ltll Appro\'cd By Sandra Let! Exccutivc Secretary Community Development & Community ~velopmcnt & EnvlrMrnll'ntat Servlce~ Envlronllll!'ntat Servlce$ Admin. 9/2112005 1 :41 PM Donald l. Scott Transporr.atloll Plal'n!n!} Director 0", Appro\'cd By TranJi.portatlon S""rvlces Tran8port.1tlon PlannIng 912212005 &:2.4 AM Appnl\'cd By Conl>tanCf! A, Johnson Op~ratlol1$ Analyst Community Development B. Community Development 8. Environmental Services Envlronrnental Seorvlces Admin 9122/20068:44 AM Datil AIJpro\-'ed B)o' Dil~ Ray Bellows Community Oevelopnlf'nt & En"lronm~ntal Servlcei- Chief Planner Zoning & Lllnd Developm~nl Re-vlew \1;22/20054;25 PM Darl! AIJPro\-'cd By $u:;;an Murray. AICP Community Dt>c\i(>lopment 8. Environmental SNvlces Zoning & Land Development Dlre-ctor Zoning & Land Development Re"'I~w lii231iOO5 ':.41 AM Dale Appro\-'cd By Joseph K, Schmitt Communlt)' OCllelopmenl & Envlronffieol1tal Services Conllnunlty D~"~lop!llent & Envlronmenl...15ervlce~ Atlmlne.trator Community O('IIt.'lopment $. EnvironmentJl 9crvlces. Admin IH2112005ll:59AM D... Approved By Norm E. Feder, Alep Trllnsporrlltion Seorvlces Trallsportatlon 01'111.100 Admlnls.trlllOl' 'Trlln'!lportatlon ServiCe-!> Admin Si21/200510:06 AM Marjorie M. Student Date Approved By County Attorney Assistant County Attorn1!"Y County Attorney Offlc(' 9/29/200611:40 AM Approved By OMB Coordinator County Manage-r's Dfflce Admlnl.s;tr3tlve Assistant Dot' Office of ManagerHent & Budget 9f3012005 R:J2 AM Markluckson D... Approved B~' County Manag<'l'r's Office Budget Analyst Office of M,a,nagement & Budget 9!30!2:00510:01 AM Michael Smykow.liki 0... Approved 8y County Manager'r. D1Tlce Management &. Budget Director Office of M.1ln.1gcmpnt & Budget 10!J!2005 ~:40 AM Approved 8)0' Jame-lO V. Mudd BOllrd of County Cornmisslone-rs County M1Inager D," County M.anag('f's Office- 10f3f2-00S 4:.49 PM eo'rfl.,. County ~-~ Agenda Item No. 78 October 11, 2005 Page 5 of 71 - ST AFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES, DEP AR TMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE: JULY 7, 2005 SUBJECT: PETITION CU-2004-AR-6384 PROPERTY OWNER/AGENT: OWNER: Golden Gate Congregation of Jehovah's Witnesses, Inc. 2512 44th Street S.W. Naples, FL 34116 AGENT: Mike Landy Landy Engineering, Inc. 2780 South Horseshoe Drive - Suite 6 Naples, FL 34104 REOUESTED ACTION: To have the Collier County Planning Commission (CCPC) consider a Conditional Use in the Estates Zoning District for the construction and use of an additional church pursuant to Table 2 of Section 2.04.03. of the Collier County Land Development Code (LDC). GEOGRAPHIC LOCATION: The subject property is located on the south side of Golden Gate Boulevard, and west of the entrance of the Max Hasse County Park. It is further described as Tract 81, Golden Gate Estates, Unit 4, in Section II, Township 49 South, Range 26 East, Collier County, Florida (See Location Map, Exhibit I). eU-2004-AR~384 cepe MTG. Page 1 of 8 .. I II h 51 II'i "Ii =Ii l! ~i 51 f I I I I I I. II II I t 8, III ., . = Ii ::!Ii " lQ Ii - R I I I t II I II I. I. ., ::11i '"Ii i ::l Ii III I I I -- ..vo I!! t ! 8.. ~ i Il "'Ii oW I l:l - "i --. 1 I I II ~ 1;1 11111 I r I ~ I .18i -Iii I I = Iii I i I -- --~ -''''--"_."."..~--"~'''~,.-,,,.,.._. _".'''~,"__>,"'''_,"M" l!lL()...- 1'--01'-- -,~o .:<!) ".-QJ ID~cn .....QJro -.00... roo "'0 ..... cl) QJO OJ <r: -' ! ~ ! i! .! . ~ - z ! I I wQ = ! ! ! !::!< - coO 9 ! ! ! iii ,- . . !l I \ . . I Ii . II . .... .- I- . . I II . II :/ I ~ I: J: i g i I ... i ~ J! : l! I II! J! I: I ~ II I Ii! " I:! i . i I II ~ . I I I . II. II :: Ii I . I , I II . ~ , . " . II I , .. c c co D- c:( ~ W I- - en .. a (' Cl , C c E-4 ~ ~ ~ ::c :><: r:a:'l -....- / -. I:- I C. III: ::iI C !: u a D- c:( ~ z o - I:- c:( U o ...J Agenda Item No. 78 October 11, 2005 Page 7 of 71 PURPOSE/DESCRIPTION OF PROJECT: Golden Gate Congregation of Jehovah's Witnesses, Inc. owns the subject 5.15-acre site, which comprises an existing 4,136-square-foot church and attached pastor's quarters, paved parking area, native vegetation, and storm water management areas. As depicted on the site plan, the subject property is developed with the existing church use as approved through CU-96-12E (See Resolution 97-440, Exhibit 2). The County has taken the north 65 feet of this property as part of the Golden Gate Boulevard road-widening project. The petitioner now seeks a Conditional Use for an additional church building having an area of 4,400 square feet at this current location at 3480 Golden Gate Boulevard. The new church building will be located twenty feet south of the existing house of worship and attached existing pastor's quarters. A total of 181 parking spaces is proposed to meet the minimum requirement of 153 spaces for the proposed 356 seats. Access to the church buildings and parking area will continue from Max Hasse County Park entrance drive, and a secondary entrance from 151 A venue Southwest (See Conditional Use Master Plan, Exhibit 3). Twenty percent (.91 acres) is proposed for natural vegetation preserve area. Fifteen- foot Type "B" landscape buffers are proposed along the side property lines and ten-foot Type "D" buffers are proposed to be provided along the adjoining street frontages. SURROUNDING LAND USE & ZONING: SUBJECT PARCEL: SURROUNDING: North: East: South: West: Church and parking area, zoned "E" Estates Golden Gate Boulevard right-of way, zoned "E" Estates Max Hasse County Park, zoned "P" Estates ISI Avenue S.W. right-of way, zoned "E" Estates Single family residence, zoned "E" Estates GROWTH MANAGEMENT PLAN CONSISTENCY: Comprehensive Planning staff has reviewed this request and offered the following comments: The subject property is designated as "Estates" on the Future Land Use Map of the Golden Gate Area Master Plan (GGAMP). This designation permits residential development and Conditional Uses, including churches, subject to Iocational criteria. A Conditional Use for the church was granted in 1997 (pursuant to Ordinance 97-440). The church has since been constructed and is currently operating on the subject property. The request is to add a second building comprising 4,400 square feet, additional parking area and a driveway connection, revise the water management area and add pedestrian connections throughout the project. Within the GGAMP, Objective 1.1 and Policies 1.1.4, 1.1.5 and 1.1.6 govern new Conditional Uses in the Estates Area. Objective 1.1 requires new or revised uses of land to be consistent with the designations outlined on the Golden Gate Area Future Land Use Map. Policy 1.1.4 requires CU-2004-AR-6384 ccpe MTG. Page 3 of 8 Agenda Item No. 7B ctober 11, 2005 Page 8 of 71 AERIAL MAP Conditional Use requests to be consistent with the guidelines outlined in the Conditional Use description section of the plan. Policy 1.1.5 requires all Conditional Use requests to be approved by the Board of Zoning Appeals (BZA) by a Super Majority (4/5) Vote. Policy 1.1.6 requires all new uses (conditional or otherwise) to be reviewed for consistency with the GGAMP, except for certain properties deemed consistent by policy, or which were previously approved under the County's January 1989 Comprehensive Plan. The subject property is within the Estates Designation, Estates-Mixed Use District, and Conditional Uses Subdistrict. The subdistrict contains stringent limitations upon the location of Conditional Uses within the Estates Designation. The subject property meets the requirements for "Transitional Conditional Use" as determined by the Board of County Commissioners in approving the existing Conditional Use in 1997. The review criteria have not changed since that time. This petition is seeking to expand the church-related conditional uses on the same property (no change in legal description). CONCLUSION: Based upon the above analysis, staff concludes the proposed use for the subject site can be deemed consistent with the Golden Gate Area Master Plan. CU-2004-AR-6384 CCPC MTG. Page 4 of 8 Agenda Item No. 78 October 11, 2005 Page 9 of 71 -- aJ4,8 .. 2.1.1.9 "~ .. .. III . . . WI "1 113 '11 1ST AVENJE SW ~ 7 I / r SllBJECT PROPERTY 1 10 p 11II II! . 11 II . . ," "4 127 III II 57 'Ill U 1+ . no 111 I. ~ A'w'ENJE SW U4 <<I 12 111 M 7J 1M U 1lIQ ... .". '25 . ~~ 410 III 7t . R 1lJl t.. 11'1 tM E , ... ZONING MAP ANALYSIS: Before any Conditional Use recommendation can be offered to the Board of Zoning Appeals, the Planning Commission must make findings that: I) approval of the Conditional Use will not adversely affect the public interest; 2) all specific requirements for the individual Conditional Use will be met; and 3) satisfactory provisions have been made concerning the following matters, where applicable: 1. Consistency with the Land Development Code and the Growth Management Plan. As previously noted, this request is consistent with the Growth Management Plan, and with the conditions proposed by staff. this project will be in compliance with the LDC. 2. Ingress and egress to the property and proposed structures thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Adequate ingress and egress to and from the site will continue to be provided from the entrance drive to Max Hasse County Park. A secondary access point is proposed from 1 sl CU-2004-AR-6384 CCPC MTG. Page 5 of 8 1 SI Avenue S.W., and a six-foot wide sidewalk exists along the Golden Gate Jlg~rmNb. 78 Max Hasse County Park Drive frontage for this property. Interconnection si~fils 1~f00751 C k. d 5t S "'''''~age 'I't)"'o proposed from both the Max Hasse ounty Par Dnve an 1 Avenue .W. 3. The effect the Conditional Use would have on neighboring properties in relation to noise, glare, economic or odor effects. The site is currently partially wooded, and the proposed church addition proposes to maintain twenty percent of the property with native vegetation. A IS-foot "Type 'B' buffer will be provided along the adjoining Estates zoned property. A 1O-foot "Type 'D' Buffer" will be provided along the 1st Avenue S.W. and Golden Gate Boulevard right-of-way. This vegetation will provide a buffer between other uses and will reduce any glare, or noise that would be produced from the church activities. A distance of approximately 135 feet separates the proposed church from the adjoining property to the west. A distance of approximately 180 will separate the proposed church from the existing single-family residence to the west. The church will be located approximately 198 feet from the south property line, and the existing church is approximately 147 feet from the north property line. Only one residential use will adjoin the subject property to the west. The other three sides will be either roadway right-of-way or County park property. 4. Compatibility with adjacent properties and other property in the district. The proposed use is compatible with the surrounding neighborhood, with the adjoining County Park to the east and Big Cypress Elementary School approximately 850 feet further to the east. The subject property is well buffered since approximately 20 percent of the property will be retained with native vegetation, and additional vegetative buffering will be provided. Traffic to the churches will be minimal; and was projected not to coincide with the adjoining peak traffic patterns. The majority of traffic generated by the use will occur before and after worship services. There are five congregations that worship at this subject property. Each congregation has a membership of approximate 110 individuals. Each congregation has a separate worship service. The services are on Saturday evening (6-8 P.M.), and Sunday (9-11 A.M., 12-2 P.M., 3-5 P.M., and 6-8 P.M.). Each congregation has a weekday service from 7-9 P.M. Noise impacts will not be significant. Activities at the subject property are generally concentrated inside the church building facilities. NEIGHBORHOOD INFORMATION MEETING: Michael J. DeRuntz, Principle Planner, with the Department of Zoning and Land Development Review, Community Development and Environmental Services Division for Collier County opened the Neighborhood Information Meeting at 6:00 PM. Those in attendance were asked to sign the "Sign-in Sheet." There were 33 persons in attendance. Mr. DeRuntz stated that the Golden Gate Congregation of Jehovah's Witnesses, at 3480 Golden Gate Boulevard West has CU-2004-AR-6384 CCPC MTG. Page 6 of 8 Agenda Item No. 78 October 11, 2005 submitted a request for a Conditional Use to construct an additional 4,400 square fodt'<Nfu1dJ1:>f 71 building at their present location. The procedure for the reviewing and processing of their request was explained, as was the purpose and procedures for this Neighborhood Information Meeting. Mr. DeRuntz introduced Mr. Mike Landy, engineer and agent for the applicant to describe the Conditional Use request. Mr. Landy presented a site development plan which illustrated the location of the proposed new additional church building, additional parking area, preserve area, and entrance on to 1 st A venue Southwest. The property will meet and exceed the county's preserve requirements. The preserve area will serve as buffer and water management area as well. Mr. Lionel Pereira, minister for the church, stated that the new church facility is needed to meet the demands of the congregation, and will reduce the number of evenings that the services are provided presently. Mr. Theodore E. Nowak, resident at 3541 1st Avenue SW, stated that he was concerned about the proximity of the parking area to the residential area on 1 st Avenue SW, and the proposed entrance on to 1st Avenue SW. He recommended that the entrance be eliminated or shifted as far as possible to the east. He also suggested that the parking area as well be shifted to the east and away from the residential area. Mr. Landy stated that adjusting the plan and eliminating some of the excess parking spaces could accomplish those recommendations. Mr. Jedd Raimer, resident at 3521 1 st Avenue SW, stated that he lives next door to this property, and the proposed addition would be impacting him the most. He stated that he and his family are disturbed in the evening when the car alarms are engaged by the congregation after evening services. He stated that he did not want to see this expansion occur next to residential property. A suggestion was made to build a berm along the adjoining residential property where the new development was being proposed, and if the plan reflected the revisions that were discussed earlier, there should be ample room to accommodate a three-foot berm with vegetation that would help mitigate sight and sound problems. It was mentioned that the building would be constructed similarly to the existing church building, and would be made of block and stucco. Lighting will be provided and will meet the Collier County's standards for screening. There being no further comments, the meeting was adjoined at 6:30 STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-2004-AR-6384 to the Board of Zoning Appeals, subject to the following conditions: 1. The Director of the Department of Zoning and Land Development Review may approve minor changes in the location, siting or height of buildings, structures, and improvements authorized by this Conditional Use. Expansion of the uses identified and approved within this Conditional Use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new Conditional Use application and shall CU-2004-AR-6384 ccpe MTG. Page 7 of 8 Agenda Item No. 78 October 11 , 2005 comply with all applicable County ordinances in effect at the time of submittal, Fffi&ud2m~ 71 Division 10.02.03, Site Development Review and Approval of the Collier County Land Development Code (Ordinance 2004-41). 2. 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 historical 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. 3. The conditional use approval to allow a church building is limited to the site plan identified as "Golden Gate Boulevard House of Worship" prepared by Landy Engineering, stamped "Received 4/14/05". 4. A six-foot-wide sidewalk shall be constructed from the sidewalk along Max Hasse Park Drive to the existing church building prior to the issuance of the Certificate of Occupancy for the new church building, dZ6/"c S, ZONING MANAGER ~ AND LAND DEVliLOPMENT RE# _ 5 Ob CTOR D T D LAND DEVELOPMENT REVIEW Co lier County Planning Commission: ~.R~AN (Yl t:\'it \C ,~AJ - v \ 'cL Staff report for the July 7, 2004 Collier County Planning Commission Meeting Tentatively scheduled for the July 26, 2004 Board of County Commissioners Meeting 7(7Io~ DATE Attachments: A. B. C. Findings of Fact Conditional Use Master Plan Conditions of Approval CU-2004-AR-6384 CCPC MTG. Page 8 of 8 .. ''; . ". RESOLUTION 97-~ RELATING TO PETITION NO. CO-96-l2E FOR EXTENSION OF CONDITIONAL USE 'OF PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA WHEREAS, the Legisl~ture of the State of Florid~.in Chap~er125, Florida Statutes, has conferred on all Counties in Florida the pow~r' to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public: and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance NO, 91-102) which establishes comprehensive zoning regulations for the zoning of particular divisions of the County, among which is the granting and extending the time period of Conditional Uses; and WHEREAS, on October 22,' 1996, the Board of Zoning Appeals enacted Resolution' No. 96-488, attached hereto and incorporated herein,' which granted a conditional use pursuant to Ordinance No. 91-102, for a house of worship, on the below described property; and WHEREAS, Subsectfon 2.7.4.5 of the Land Development Code provides that the Board of Zoning ~ppea~s. may extend the one (1) year time period for a conditional use which has not been commenced; NOW, THEREFORE BE IT RESOLVED, by the Board of Zoning Appeals'of Collie~ County, Florida that: The written r"equest of Don.Apperson, for the first of three (3) permitted one (1) year extensions, in interest of the following described property: North 650 feet of Tract 81, Golden Gate Estates Unit 4, as recorded in Pla_t. Book 4, Pages 79-80, of the Public Records of Collier County, Florida.' is hereby approvedpui~uant to sub~~ctjon 2.7.4.5 of the Land Development Code' (Ordinance .No. 91-102), and the expiration date for ~ - . Resolution N6'~ 96-488, attache9 hereto and incorporated herein as '. . , , ExhibiJ;:.. "A" ,and all conditions applicable the;ret.o, is hereby extended for one additionill year until November 1,8, 1~98. Agenda Item No. 7B October 11, 2005 Page 13 of 71 '- , . i I ! ; .+-. . i ! i I. i ;, i i: I :\.~1:. ,',~. i... . - ....;. ,. , . - . . . /y'" . EXHIBI'l! - 2 ,...:-. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition'for which the extension is granted. This Resolution adopted after motion, second end majority vote. Done this /'^~ day of ^ ~MJ.P.A..- , 1997. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: fj,C. Sufficiency: f!Ctl-96-12E ,,,\ Agenda Item No, 78 October 11, 2005 Page 14 of 71 i ,I 1 RESOLUTION 96- 488 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A HOUSE OF WORSHIP CONDITIONAL USE "111 IN THE "E" ESTATES ZONING DISTRICT PURSUANT TO SECTION 2.2.3~3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 11, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature o~ the State o~ Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida statutes, has conferred on Collier 'County the power to establiSh, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographi~ divisions of the county, among which Is the granting of Conditional Uses; and WHEREAS, the Collier countY'Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and ~~o~~~e~,' ,and has' considered the advisability of Conditional Use "111 of Section 2.2.3.3 in an "EII Estates zone for a house of worship on the property hereInafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been nada concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier county ~lanning commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Co~~ier county, Florida that: . ';,-~,'",'':''';.. ,.'.~.'., ," .'. .' ~ . '. r" . .. -1- . .. . . . .."",. , ..,....'. . '.; .w, ..,..,., ~,., :: ,.;.:~:..:;,..:, "'~""".' :.1-. . '. . ~. ..... Agenda Item No. 78 October 11, 2005 Page 15 of 71 Agenda Item No. 78 October 11, 2005 . Page 16of71 ~hepetition filed by Don Apperson with respect to the property hereinafter described as: North 650 feet of Tract 81, Golden Gate Estates Unit 4, as recorded in Plat Book 4, Pegos 79-aO, of the Public Records of Collier County, Florida . be and the same is hereby approved fOr Conditional U.sa "111 of .Section 2.2.3.3 of the liEn Estates zoning district for a house of worship in accordance with the Conceptual Master Plan (Exhibit "Bn) and subject to the following conditions: a. The planni:ng & Technical services Manager may approve minor chanc;res in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or . major changes to the site plan supmitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable county ordinanc~s in effect at the time of . submittal, including Division 3.3, site Development Plan Review and Approval, of the Collier County Land Development Code (Ordinance No. 91-102). 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 an 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. .~ b. o. An exotio vegetation removal, monitoring, and . maintenance. (exotiC-free) plan for the site, shall be submitted to Current planning Environmental Review Statf ..." for .review and approval prior to .final siteplanl )" .~'.','.> .; construction approval, . . . . d. Arterial level street lighting shall be installed at the project entrance at the time of issuance of the certificate of occupancy. . Access to the site is shown by war of Golden Ga~e Boulevard. .. Acoess may be constra.lned as follows.: . e. i.) Under the two lane condition for Golden Gate Boulevard, the site may enjoy full access in concert with the installation of both eastbound and westbound turn lanes. Under the four-lane or six-lane condition for Golden Gate Boulevard, the site may be constrained to a right-in/right-out only. Nothing in any approval shall vest any right of median opening in this site. f. It may be to. the advantage of .th~ .C~U~Ch.if~c;:ce~s..p~ri'.;i~i:;:>:.:.:. :.. ~'be secured by way of the park entrance road. .. Since the .... ".;.' . peak use of the church may not..coincide,with pfilak-.U'!Ie .~t..~:,~';"'."~~.: the park, this .option may be'viable.~:.~~r:~~I..:',~:~""ih~~*,:>>~;~;r\;~.'.,'~:--:,:.'.":O". .....~. . .. -2- ~~~:~2~:::~~,;:.~:~.~:.::1:t~~=:~:.~~:' '.i~.:..... . '" ',.,.. ..." .. '~'. ..,;i..,v,;,......;.:.4...~"',.~,IU.;'I;$.~.;.tl-...:..~."":"...~w.~......,;~)i-t,.$~:t:;~-!'.~..:...~ .~ iL) . : ';. :.. . -i :,.: . ~.....:..o; . . .. ..... ." .... :.l-.,..~,:..~:.:-...:.,:..:.kr..~,! .:1~,~..~..~:~."...;.....: . " .'.. ' '. Agenda Item No. 78 October 11 , 2005 Page 17 of 71 g. The County may ;-equire additional 25 feet of right-of-way to four-lane Golden Gate Boulevard, This donation shall be accomplished when requested by the County. Any future right-of-way donation may be eligible for road impact fee credits consistent with the requirements set forth in Ordnance 92-22, as amended, h. The existing sidewalk should be replaced in kind as a consequence of any construction on the site. i. Evidence of a positive drainage outfall shall be provided during the Site Development Plan approval process. j. The driveway location shall be consistent with the Collier County Access Management pOlicy, Resolution 92-422. k. The Petitioner shall provide an additional 20 foot buffer with the required Type "0" buffer along Golden Gate Boulevard at the time of Site Development Plan Approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board.. " commissioner Con"'~...n~in... offered the foregoing . ..:'~' NAYS: commissioner commissioner Commissioner: and up~n ro.!.l .ca.~l; the vote .:was: . ;.... ~. .... _...;~f"t..~~~.:;...&;l;-f.yr'" '~"":~o:'::.'V.._:.,~. .~} ,....~..":"-...... ~..:...... ...... -;;":"". ".'4.."S" ....~.:..j} Constantine~ Commissioner Mac'Kie~ Commissioner Hancock~ ~~ Norris . ~~ Matthe....s '. ;, . .". ....:~~ , :~~ :;:~0j '( '~i Resolution ;andmoye~ .for its adoption, .seconded by.Commissioner MI'll'"' Ki!!' . .:. ......~,..'....;.:. .....f>.. . ..0:., '.,:'" ~. AYES: ABSEN~.~NDNO~.V~TING: , I~ Done this 22nd day of ., 'October 1996 . '. . I I I i ~ ABSTENTION: . , \:"".:...l';..... "~".:"I:':. . ~ ,.". - 5'" .1 . 'f' "-'. . ....>:.."\:...... .:' :...:,.>.~>;.'\"; . AT;TEST. . ,'. .'. I' _. '. ~W~~HT~E..BRO~,~~~~RK : ~~ .,' ~. ;.~::;;)' ,:.~~:~., +i"~: -. . .:: .:; J . . A '. . ~ :.I.'AP-" ~~;d.:;:~:J~::Fq~ AND LE U,...,SUFF.tCIE:t;{<rt: .' '?~ii%~~~..: ';:' .';:: ." . . ..... .'. . . ~E~..STUDENT '. . . . ..... .' <t~. .... . . '". ,. ....1 ',' .~,., '".' '. ~.~;~?:~1~1~~jTI2fii~tf~:.flZ;E:12]!~:.~.:~'s' .' . ".... .,": ~^ .!:"~!'-'''.~~r~' .<dJ;' ~ . '. ., ""';:;:':l..'~"";,,,';~,:-~\;~~~;'if;:-j:;::.;,,~.,. ..... .. .'. -< _,',":,>~." .{;:,' <:.'0 ;. :.1".';/ '~~.:~:,~>:~' \'.~~~~>:~;;';~ti';,:,,~,~ .~... ,~";..::~.....j.~'::',.~~~"~~~l;~,.i,':',:-"...;"::':.I'~~2~':~~.:...r.""....;..;~"'1'..v,~,.. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Bi~cii~--' .1 :...::.a ;~~~ ....' . . r . .r- Agenda Item No. 78 October 11, 2005 Page 18 of 71 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-96-12 l The :following facts -a.re f6unCi:u" ........ 1. section 2.2.3.3.1 of the Land Devlopment Code authorized the conditional use. 2. Granting the conditional use will not'adversely affect the public interest and will not adversely affect other property or uses in the same district or neIghborhood because of: A. consistency with the Land Development Code and Growth ManagementPla~ . , Yes ---L- No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of '" -fire or catastrophe: '."-"~"'"."" ..,.....: . '",.". . ,,0. ~equate ingr~ egress Yes No ' C.' Affects neighboring properties in relation to noise,~are, economic or odor effects: '. ~Noa~fect or ~f~ect mitigated by .'" Affect "cannot . be ini tigated" . . . . . . ". ";":'::,' '. . ..:,... .j: . . . .', ....-~"~~r:J:,!..~..~,.... , .'; " .. ': 1" ,'.' Compatibility w'ith adjacent 'properties and other, property in the district: . compatible use within ~strict Yes ~ No D. . Based on the above findings, this condtt!2nal use should, with stipulations, (copy attachedx:Lsh~~~) be . recommended for approval .~.. DATE: Jo 1J Iff- CHAIRMAN: _~ It:-/~ Jj - / FINDING OF FACT CHAIRMAN/17621 EXHIBIT 11 A 11 ~. ;,'}.':'. .:<~.::'~":"..'/.<':,4'~::~:,., .. . . . ~ ':'. ... . :~... ......~. ~ * . " . -.0_: . . ~ 0" 0 0, .' ,. .')" _.;::~~":'=,;.... lilLn..- 1'-.01'- .0_ ON 0 Z -en E ;: ..- Q.),-Q.) _Q.)0l -.0 CO COOn.. -0- C(,,) Q.)O OJ <C . ;'~'~~;~j...:i,~".,...t~~~ 2 r- . ~ ~ ~ ,;. _".A~.. ..It,: ~ ~ ....{::::: ...~ . - () -1 . '; ....-::. . '~.:::t :.~. '. :!. ..:'~ \r?::.r.:.:~".r. " ~:~~~~~e~ () .0 ~ "'r-"" ;-::""~':'" '. .- 1: <S ~ <S ~. .~. r;>~..: .~'~~-;;~~:~~':~7~:t;..P~ :'. , ..... ...... ....--... '. ,.- -. . :.1 oo~.: R9ADW~Y;EA?~lff. '. .~. ".' ....;.p-... p '~J 3 ,.,.. ".,.. "-:".;. .~.~ .~:-.3 . . r...... ...-..;:: .." .-."-... . " . . . -. .....:c- .' j:f! Z c3 -< ~ f -l 0- ~ 8 :z l"'":) ~ ~ a... 3 0 -l CQ () ~. w c <::) w U"'\ ~ I <:n l- e l . 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'........, ,~ " " ~ '<\ \ \~ \\ [liB III \ '\\ J \ \ . I . \ \\.. \ \ ,1111 \~ ,,1\ I 1..1 '1"\ -.~ . : ...; II f\ ' II ;;;;1 I' I i~1 ill ~\ \~\ : ~ · I II LJ II ; I :.. 7' r \ \\ I ~ ; m I J i i I n III i i B I 1:, I' ~ 1\ :: . Ii " 6'1,\\1 1 (~I\ 1 ~l I I I I 1,\ Nl) , -- - - - -}- --- -;~~ =:==-.:::==-.=:=:-~::==-~ J~W= ~ I J I =U =====__ ___L - -- ~-====---.:=O ~=- ----------------- ----!------------- -- I"a-==== - - - ~-::~=~~~~-~~~~~~~~=~J:--= -=-=- =0.;;: ~ --------------------------r==== ======== ========~~::::== ~====== .. .-..- ,,[______e.________/!.____ ;;;----ti----------------;;----------=---=.-=~ ---~=_= ~ ~ -----~- ~r======= ======-=-_GOLDCN GATE BOULEVARD '. !E ,... ., - --================== - ~ Rt =-=== ~ I l. l.. , 1. C i..J ~I EXHIBIT - 3 .. JUt 1 2 2005 t 1'1. I I S !3*^ N - """ -.c .-. .. - 11\ - ...... -- roR: .-............- - --.,.......,~ ,...., 3480 Golden Gate Bou1eftJ"d CONDlnONAL USE MASTER PLAN ... o Il.AM:>>Y MCllMI!IIIRMGl --~':'"- _-<<~=r:.- --- --- .. Agenda Item No. 78 October 1142005 . - Cu-iOO4-AR-6384 ----' --J5a'ge-21 of 71 Project # 19993460 Date: 8/11/2004 Mike DeRuntz Companion to SDP A-AR-5208 APPLICATION FOR PUBLIC HEARING FOR: CONDITIONAL USE Petition No.: Date Petition Received: Commission District: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF 1 . General Information Name of Applicant(s) Golden Gate CODereeatioD of Jehovah's Witnesses. Inc. Applicant's Mailing Address 2512 44th Street S.W. City Naples State Florida Zip 34116 Applicant's Telephone # (239) 455-2918 Fax # (239) 455-7649 Applicant's E-Mail Address:m1andyene(Q)aol.com Name of Agent Mike Landy Firm Landy EDeineerine. Inc. Agent's Mailing Address m1andyeDe(Q)aol.com City N aDles State Florida Zip 34104 Agent's Telephone # (239) 261-6999 Fax # (239) 430-1664 Agent's E-Mail Address:m1andyene(Q)aol.com * Be aware that Collier County has lobbyist regulations. Guide yourself accordingly and ensure that you are in compliance with these regulations. APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE - 4/14/03 Agenda Item No. 7B October 11, 2005 Page 22 of 71 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 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: Mailing Address City State _ Zip Name of Civic Association: Mailing Address City State _ Zip 2 . Disclosure of Interest Information: a. If the property is owned fee simple by an INDNIDUAL, tenancy by the entirety, tenancy in 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 APPLICATION FOR PUBLIC BEARING FOR CONDITIONAL USE - 4/14103 Agenda Item No. 78 October 11, 2005 Page 23 of 71 b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name, Address and Office William P. Ienace. President William Ie:nace. Jr.. Vice President Mark A. Handschmarn. Secretarv Percentage of Stock 34% 33% 33% c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. Name and Address Percentage of Ownership e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14103 Agenda Item No. 78 October 11, 2005 Page 24 of 71 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 g. Date subject property acquired (x) leased (): Term oflease yr.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 subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. 3. Detailed leeal 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 I" to 400' scale) if required to do so at the pre-application meeting. NOTE: The applicant is responsible for supplying the correct legal description. If questions arise concerning the legal description, an engineer's certification or sealed survey may be required. Section: 11 Township: 49 S Range: 26 E Tract: 81 Block: N/A Subdivision: Golden Gate Estates Unit No.4 Plat Book ~ Page #: 79-80 Property I.D.#: 36764680002 Metes & Bounds Description: Tract 81. Golden Gate Estates Unit No.4 as Recorded in Plat Book 4. Paees 79-80 Unclusive) of the Public Records of Collier County. Florida 4 . Size of property: 680 ft. x 330 ft. = Total Sq. Ft. 224.490 Acres 5.15 5. Address/eenerallocation of subiect property: 3480 Golden Gate Boulevard S.W. APPLICA nON FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14103 Agenda Item No. 78 October 11 , 2005 Page 25 of 71 6 . Adiacent zonine and land use: Zoning R.o.wltflf Land use Golden Gate Boulevard / &&E lJ-" ~ --3 1 st Avenue Southwest N S "E" (Estates) ,:t*L:at; E Max Hasse Community Park W "E" (Estates) Existine Sinele Familv Does property owner own contiguous property 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: Lot: Block: Subdivision: Plat Book Page #: Property I.D.#: Metes & Bounds Description: 7. TVJ)e of Conditional Use: This application is requesting conditional use # the Estates zonine district for (TYPE OF USE) Church :L of Present Use of the Property: Existine House of Worship (CU-96-12(E) Ordinance #97- 440 8 . Evaluation Criteria: Provide a narrative statement describing this request for conditional use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the criterion listed below. Specify how and why the request is consistent with each. (Attach additional pages as may be necessary). APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14103 Agenda Item No. 78 October 11 , 2005 Page 26 of 71 a. Describe how the project is consistent with the Collier County Land Development Code and Growth Management Plan (include information on how the request is consistent with the applicable section or portions ofthe future land use element): Division 2.2.3.3 of Collier County's Land Development Code (LDC) lists houses of worship as a conditional use within Estates zoned pronertv. The existine church use as well as the expansion are consistent with the Growth Manaeement Plan. b. Describe the existing or planned means of ingress and egress to the property and proposed structure thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: The existine site is serviced by a private access drive which connects to the County owned roadway servicine Max Hasse Community Park. This driveway connection was approved as part of the Site Development Plan #97-118 and is located on the east side of the park entrance. approximately 180 feet south of Golden Gate Boulevard. The proposed church expansion calls for continued use of this accessway. alone with the construction of a second means of ineress/el!ress from 1 st Avenue Southwest. This second access road will improve traffic flow within the limits of the church owned propertv and also provide improved access for emereencv vehicles (e.e. fire trucks) c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic impact and odor: The house of worship is a very low intensity develonment and should have little or no impact on neiehborine properties with respect to noise. elare. economic impact or odor. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: The existine church facility has proven to be exceptionallv compatible with the adiacent properties. There should be no reason why the expanded facility should continue to experience this same sense e. Please provide any additional information which you may feel is relevant to this request. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 Agenda Item No. 78 October 11, 2005 Page 27 of 71 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 propertv: 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 II. Additional Submittal requirements: In addition to this completed application, the following must be submitted in order for your application to be deemed sufficient, unless otherwise waived during the preapplication meeting. a. A copy of the pre-application meeting notes; b. Twenty (20) copies of a 24" x 36" conceptual site plan [and one reduced 8Y2" x II" copy of site plan], drawn to a maximum scale of I inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the Environmental Advisory Board (EAB), or CCPC]; · all existing and proposed structures and the dimensions thereof, . provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site), · all existing and/or proposed parking and loading areas [include matrix indicating required and provided parking and loading, including required parking for the disabled], · locations of solid waste (refuse) containers and service function areas, · required yards, open space and preserve areas, · proposed locations for utilities (as well as location of existing utility services to the site), · proposed and/or existing landscaping and buffering as may be required by the County, · location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14/03 Agenda Item No. 78 October 11, 2005 d. Whether or not an EIS is required, two copies of a recent aerial photograpbr;(~of 71 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. e. Statement of utility provisions (with all required attachments and sketches); f. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting; g. A historical and archeological surveyor waiver application if property is located within an area of historical or archaeological probability (as identified at pre- application meeting); h. 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 i. 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. Be advised that Section 2.7.2.3.2 (3) of the Land Development Code requires an applicant to remove their public hearing sign (s) after f'mal action is taken by the Board of County Commissioners. Based on the Board's final action on this item, please remove aU public hearing advertising sign(s) immediately. APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 4/14103 Agenda Item No. 78 October 11 , 2005 Page 29 of 71 AFFIDAVIT William P Ignace. President. Golden Gate Well, Congregation of Jehovah's Witnesses Inc. being first duly sworn, depose and say that well amlare 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 We/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 property owner We/I further authorize M , IGE LA,.JC#--] as ourlmy representative in any matters regarding this Petition. to act tJ~~ Signature of Prope Owner - Signature of Property Owner Wi 111 am P Ianace Typed or Printed Name of Owner Typed or Printed Name of Owner Theforegoing instrument was acknowledged before me this e..\ -~ day of ~~l <... 20~, by \UtLLtAt4. ~ "S'(;AA({;'Who is personally known to me or has produced as identification. . State of Florida County of Collier ~0C- CCy 'J:>~ a re of Notary Public - State of Florida) RI:1WtDOtI:8 ,N:JI"ARY PUBUc: Sl'A"tt OF COMM!95ION NO. CC95RJ2 ~) COW~.:.MIG.l ~.:,. R. t..C7& - -4'.b 0 LO ~ int, Type, or Stamp Commissioned me of Notary Public) CU-2004-AR-6384 Project # 19993460 Date: 8/1112004 Mike DeRuntz Companion to SDPA-AR-S208 APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE- 4n4103 Agenda Item No. 78 October 11. 2005 CU-2004-AR-6384 Page 32 of 71 Project # 19993460 Date: 8/1112004 Mike DeRuntz Companion to SDPA-AR-S208 STATEMENT OF UTILITY PROVISIONS FOR CONDffiONAL USE REQUEST 1 . NAME OF APPLICANT: Golden Gate Conereeation of Jehiovah's Witnesses. Inc. 2. MAILING ADDRESS: 2512 44th Street S.W. CITY Naples. FL ZIP 34117 3 . ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 3480 Golden Gate Bouleyard S.W. 4. LEGAL DESCRIPTION: Section: 11 Township: 49 S Range: 26 E Lot: N/A (fract 81) Block: N/A Subdivision: Golden Gate Estates Unit 4 Plat Book ~ Page #: 79 & 80 Property I.D.#: 34764680002 Metes & Bounds Description: 6. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check appUcable system): a. COUNTY UTILITY SYSTEM D b. CITY UTILITY SYSTEM D c. FRANCmSED UTILITY SYSTEM D PROVIDE NAME d. PACKAGE TREATMENT PLANT D (GPD capacity) ~ e. SEPTIC SYSTEM ~ ~ D D TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCmSED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) 5. APPLlCA TION FOR PUBLIC HEARING FOR CONDmONAL USE - 4/14103 ~/A Agenda Item No. 78 October 11, 2005 Page 33 of71 .~ 7. TOTAL POPULATION TO BE SERVED: 8. PEAK AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 2.136 e.p.d. AVERAGE DAILY 534 e.D.d. B. SEWER-PEAK 2.136 e.p.d. AVERAGE DAILY 534 e.p.d. 9 . IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: Julv. 2005. 10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic drawing of sewage treatment process to be used as well as a specific statement regarding the method of effluent and sludge disposal. If percolation ponds are to be used, then percolation data and soil involved shall be provided from tests prepared and certified by a professional engineer. 11. COLLIER COUNTY 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 Provision Statement RJM 10/17/97 APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE - 4/14103 a:JL()..- 1'-01'- .0'<- ,,,- "J 0 .:':t ,_M Q)....(D _(DOl -.om moa.. -0- eQ (DO Ol <( m ~ !! ~ ~ c - r-- Z 0 ~ 0 0 w- - 0 !::~ - ~ U)O 0 -' 0 ~ 2 ~ :;; 0 : g: ~ g \ * ~ g: ~ ~ :;1 \ lB :0 l! II ~ ... c :; ~ . ~ '" '" . '!l ~ ::l il ::l ~ ~ ~ ~ Ii! ~ ~ ~ 1!1 ~ 0 ~ iii ~ I< " ~ ~ ::l ::l :0 '" ill ~ ~ . ~ II :0 c ::l II ~ ;l; ~ II ~ il ;; ~ ~ ~ ~ ; , ~ ~ a. <( ~ w .... en ..,. CD ('I) CD , a:: < , ..,. 0 0 N , ::::I 0 '11= Z 0 l- I- W Q. a. <( ~ Z 0 - .... <( U 0 ...J TI'W':lS OJ. .tON / ____ - -C- ~ ~ ~, ~c ~ ~ g ;:; c~~ r-.. ~... ~ 5!' 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S ~====== ------i---------------fj-------------------/i--------- ~ ~~------e.-------~---- =-==========-=--=-_~- ~~____-_______-~~~~ ~~~~~@_~_i ~~ R E el::.l " t u ~I ~I JUl , 22005 t ,.. to .. ~ .. ... .. to Ii U ;1;; J I~IIII III i~ 1III at q' p. ,lEi I! P~'f 'Ii~~ 111'1 .. II ~I EI Ii II II tr~ i~ .. ~ il ;~ Jill · .1 ; IIII I. · I I' U ~ P :=i .. II I' I I i ; . I! I IlH Ii' ~ - CMI -.. .. . .. -. 11\ - - LlI.. IUL. - - ....,. 1. !1M ..... - - ~~-- .~~....,. J ........ Agenda Item No. 78 1111111111111 __--=---=-====~-=---_=_======_ G~~~~ ~ ..~ =========-~ 1st AVE:NUE s6fffH~S'T ------ II .. .. - .t.- _._J __---.. , .." -0.'. I ( .. a I -L I I 1111 ';;;:.'~ I I 1111 HHi ~, , I I ,"," j;1l1l~ II I I II I I 11 !: \ \ I \' ..I \ S !3*~ N or ...... .... ONa Agenda Item No. 78 October 11 , 2005 Page 36 of 71 RESOLUTION NO. 05- A RESOLUTION OF THE BOARD OF ZONING APPEALS PROVIDING FOR THE ESTABLISHMENT OF A CONDITIONAL USE IN THE ESTATES ZONING DISTRICT FOR AN ADDmONAL CHURCH BUILDING PURSUANT TO TABLE 2 OF SECTION 2.04.03 OF TIIE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY 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, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier Cmmty the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 2004-41), as amended, which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of conditional uses; and WHEREAS, the Board of Zoning Appeals (Board), being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a conditional use for an additional church building pursuant to Table 2 of Section 2.04.03 of the Collier County Land Development Code in an Estates Zoning District on the property hereinafter described. and the Collier County Planning Commission has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 10.08.00 of the Land Development Code; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY TIIE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA that: The petition filed by Mike Landy of Landy Engineering, Inc., representing Golden Gate Congregation of Jehovah's Witnesses, with respect to the property hereinafter described as: Tract 81, Golden Gate Estates Unit No.4, Collier County, Florida, as recorded in Plat Book 4, Pages 79-80, of the Public Records of Collier County, Florida, more particularly described as 3480 Golden Gate Parkway S.W. CU-2004-AR-6384 10f2 Agenda Item No. 78 October 11 , 2005 Page 37 of 71 be and the same is hereby approved for a conditional use for an additional church building pursuant to Table 2 of Section 2.04.03 of the Collier County Land Development Code in an Estates Zoning District in accordance with the Conceptual Master Plan (Exhibit "B") and subject to the following conditions: Exhibit "C" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOL YED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and super-majority vote. Done this day of ,2005. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN ATIEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: 'b4'f~ {!ff(l(d~M Marj 'e M. Stu ent-Stirlmg - - - ---'0 Assistant County Attorney CU.2004-AR~3841MJD1sp CU-2004-AR-6384 20f2 .Agenda Item No. 78 October 11 , 2005 Page 38 of 71 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR .. ----....-- ---~ ~ _.~_.- -~---_.__._----_._------=---==.--==--- CU-2004-AR-6384 The following facts are found: 1. Section 2.04.03, Table 2 - Conditional Uses - Estates Zoning District of the Land Development Code authorizes the conditional use~ 2. Granting the. conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (shoUld not) be recommended for approval DATE: CHAIRMAN: EXHIBIT "An Agenda Item No. 78 October 11, 2005 Page 39 of 71 .-------- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PE1"'ITION ------ - ~-- -----F-QR--:---------:--------:. . . CU-2004-AR-6384 The following facts are found: 1. Section 2.04.03, Table 2":" Conditional Uses - Estates Zoning District of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not . adversely affect other property or uses in the same district or neighborhood because of: . . A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to' property and proposed structures thereon with. particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or ~Affectmitigated by - _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: MEMBER: ~ u .: B ..; r i I'. 1111111111 ill! I~I I ~ ... '01 "Ie .... -.. ,I ~'i. ~ 111:i ~ iii i · ~~~~ in11li ~ IE II '" I H 11 · I::: i' i~ 11111. II;. .III~I i i .~M~ - il~'~i 11 .. -"~Z.",:&4 I ........ == _____ ____ ~~_::_____________~gend;~~~~__ _____________--~~~~~~ m_____ ---=-- 's( I'Iy~""vc :>vv ,,.,m:.~ -------- .L. - , ) ( I I I I I I I I I I I \ \ \ \ \ \ \ \ .1 I. I I ....1 UU ;Ul I l s 1'*" N - - -.: - IWl.o - .......,. -..v~_ III 34110 Golden Gate BouI.nard CONDtnONAL USE MASTeR PLAN - o Ib.A~DY DGIIlHII!IEIRMG .-.~- ..... .::IffiIt.c~ =r'ftmIII .... .. ...... ....-- -.. J'IIIt n~]r= ...L n....-.... JII:: I~.... _ -:J- ~T- .. 4" - III -..-..----.. OJ Agenda Item No. 78 ........... October 11 , 2005 Page 41 of71 Conditions for Approval of Conditional Use CU-2003-AR-6384 (July 7, 2005) I. The Zoning and Land Development Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Section 10.02.03, Site Development Plan Review and Approval, of the Collier County Land Development Code (Ordinance 2004-41). 2. The conditional use approval to allow a church is limited to the site plan identified as "Golden Gate Boulevard House of Worship" prepared by Landy Engineering, stamped "Received 7/12/05". 3. A six foot wide sidewalk shall be constructed from the sidewalk along Max Hasse Park Drive to the existing church building prior to the issuance of the Certificate of Occupancy for the new church building, 4. A Type "B" buffer, which includes a six-foot tall wall on top of a three-foot tall berm, shall be provided along the western property line. The property owner shall provide landscaping to Land Development Code requirements, which includes irrigation and maintenance. 5. A Type "D" buffer shall be provided along the southern property line, 6. The access to 1 5t Ave. S.W. shall be restricted by a gate to emergency vehicles only, 7. The southern most parking stalls shall be constructed with grass pavers. Exhibit "C" .Agenda Item No. 78 October 11, 2005 Page 42 of 71 FINDINGS OF FACT BY . COLLmR COUNTY PLANNING COMMISSION . FOR A CONDITIONAL USE PETnITON FOR ----.;...-.--.. ._._--------~-- . CU-2004-AR-6384 The following facts ~e found: 1. Section 2.04.03, Table 2 - Conditional Uses - Estates Zoning District of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: . A. Consistency with the Land Development Code and Growth Management Plan: No /' Yes B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress . Yes_ NoL C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ .No ~t or _ Affect mitigated by -iL- Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district No / Yes B the above findings, this conditional use should, with stipulations, (copy attached) shoUld not recommended for approval . DAlli:~ Va-cHAIRMAN:~~f k ) EXHIBIT" A" FINDING OF FACT ..BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDmONAL USE PETITION . __.___.------.---F-QR _ ---- . CU-2004-AR-6384 The following facts are found: Agenda Item No. 78 Ootober 11, 2005 Page 43 of 71 . . 1. Section 2.04.03, Table 2 - Conditional Uses - Estates Zoning District of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not . adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes V No B. Ingress and egress to' property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case offire or catastrophe: Adequate ingress & egress Yes V No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: V No affect or _ Affect mitigated by . _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes V No Based on the above findings, this conditional use should, with 'pulations, (copy attached) (should not) be recommended for approval DATE: 7 } 7)6""' , ' MEMBER: Agenda Item No. 78. ~ October 11, 2005 . Page 44 of 71 .j FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION . FOR A CONDITIONAL USE PETmON _.._____ ---- -.--.--F-QR--;:------'--- ClJ-2004~)UR-6384 The following facts are found: 1. Section 2.04.03, Table 2':" Conditional Uses - Estates Zoning District of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not . adversely affect other property or uses in the same district or neighborhood because of: A. Consistency -with the Land Development Code and Growth Management Plan: Yes ~ No~ B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience. traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress vl Yes No C. Affects neighboring properties in relation to noise. glare, economic or odor effects: ~ No affect or _ Affect mitigated by . _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes v" No Based on the above findings, this conditional use should, with stipuiations. (copy attached) (should not) be recommended for approval . DATE: ~ / 71 ~ :;- I , l\.1EMBER: '--~\~ Agenda Item No. 78 October 11, 2005 Page 45 of 71 ------- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION -- ---- --,--- -----F-QR _ CU-2004-AR-6384 The following facts are found: 1. Section 2.04.03, Table 2 - Conditional Uses - Estates Zoning District of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not . adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the ~le1opment Code and Growth Management Plan: . Yes .. No_ B. Ingress and egress to' property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: ~te ingress & egress J Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects : _ No affect or _AffectmitigatedbY~\\~~ l\;l~ _ Affect cannot be mitigated .... D. Compatibility with adjacent prop~rties and other property in the district: Compatible use within district I . Yes L No Based on the above findings, this conditional use should, ~ be re:mmended for approval DATE: "\\~\Il~ . \ \ \. .Agenda Item No. 78 October 11, 2005 Page 46 of 71 FINDINGS OF FACT BY . COLLffiR COUNTY PLANNING COMMISSION . FOR A CONDITIONAL USE PETmON FOR CU-2004-AR-6384 The following facts are found: 1. Section 2.04.03, Table 2 - Conditional Uses - Estates Zoning District of the Land Development Code authorizes the conditional use. 2. Granting the Conditional use will not adversely affect the public interest and will p.ot adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with. the Land Development Code and Growth Management Plan: Yes~ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress . Yes ..,/ No . C. Affects neighboring properties in relation to noise, glare, economic or odor effects: ~ . No affect or ~ Affect mitigated by bell.H 1 WA1-I... J ldM.J)~A--P I tJ,> _ Affect cannot be mitigated t r . D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes J No Based on the above findings, this conditional use should, with stipulations, (copy attached) (shoUld not) be recommended for approval :5l"WLLt.-b. .. DATE: 7/ 7 / ()~ ( CHAIRMAN: JJ~n4.. ~-ld .~ EXHIBIT "A" Agenda Item No. 78 . . October 11, 2005 Page 47 of 71 FINDINGS OF FACT BY . COLLmR COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR ------.....-.--- -_.._--------- ClJ-2004-AR-6384 The following facts are found: 1. Section 2.04.03, Table 2 - Conditional Uses - Estates Zoning District of the Land Development Code authorizes the conditional use. 2. Granting theton~tiona1 use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Y~s V No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of:fire or catastrophe: Adequate ingress & egress Yes {' No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: _ No affect or V Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes /' No Based on the above fmdings, this conditional us~ with stipulations, (copy attached) . (shoUld not) be recommended for approval ~. . CHAffiMAN:-14 ~ ' . . . . .') DATE: r 1, 7JlJ j EXHIBIT "A" Agenda Item No. 78 October 11, 2005 Page 48 of 71 FINDINGS OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6384 The following facts are found: 1. Section 2.04.03, Table 2 - Conditional Uses - Estates Zoning District of the Land Development Code authorizes the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: EXHIBIT "A" Agenda Item No. 78 October 11, 2005 Page 49 of 71 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-2004-AR-6384 The following facts are found: 1. Section 2.04.03, Table 2 - Conditional Uses - Estates Zoning District of the Land Development Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by _ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: MEMBER: Agenda Item No. 78 October 11 , 2005 Page 50 of 71 Conditions for Approval of Conditional Use CU-2003-AR-6384 (July 7, 2005) I. The Zoning and Land Development Director may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by this conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Section 10.02.03, Site Development Plan Review and Approval, of the Collier County Land Development Code (Ordinance 2004-41). 2. The conditional use approval to allow a church is limited to the site plan identified as "Golden Gate Boulevard House of Worship" prepared by Landy Engineering, stamped "Received 7/12/05". 3. A six foot wide sidewalk shall be constructed from the sidewalk along Max Hasse Park Drive to the existing church building prior to the issuance of the Certificate of Occupancy for the new church building, 4. A Type "B" buffer, which includes a six-foot tall wall on top of a three-foot tall berm, shall be provided along the western property line. The property owner shall provide landscaping to Land Development Code requirements, which includes irrigation and maintenance. 5. A Type "D" buffer shall be provided along the southern property line, 6. The access to I st Ave. S. W. shall be restricted by a gate to emergency vehicles only, 7. The southern most parking stalls shall be constructed with grass pavers. Exhibit "C" TRAFFIC GENERATION CALCULATIONS For GOLDEN GATE ESTATES HOUSE OF WORSIllP Agenda Item No. 78 October 11, 2005 Page 51 of71 December 16, 2003 GIVEN: The subj ect property is located on the south side of Golden Gate Boulevard approximately three quarters of a mile east of Collier Boulevard. The proposed improvements will consist of a 4,400 s.f. Church Building on 5.1~ acres. TRIP GENERATION: The ITE's 7th Edition Trip Generation was used to estimate the number of trips generated by the proposed rezoning. Church (Land Use 560) was used to estimate the number of trips that would be generated by the proposed building addition. In the formulas indicated below "TII indicates number of trips and "X" indicates the building square footage divided by 1,000. . Average Trips per Day --- No Curve Data given Interpolating from graph, Average Trips per Day = T = 40 trips (Refer to page 1003 of ITE's 7th Edition Trip Generation) . Weekday A.M. Peak Hour Trips No Curve Equation Given A.M. Peak Hour Trips = T = 4 trips (interpolating from graph) (2 entering-50%j 2 exiting-50%) Refer to page 1006 of ITE's 7th Edition Trip Generation) . Weekday P.M. Peak Hour Trips --- Ln(T) = 0.49(X) + 1.85 P.M. Peak Hour Trips = T = 12 trips (1 entering-59%j 1 exiting-41%) Refer to page 1007 of ITE's 7th Edition Trip Generation) As this use is a house of worship, SUNDAY calculations are given: . Sunday Average Trips per Day --- Ln(T) = O.59*Ln(X) + 4.77 Average Trips per Day = T = 283 trips (per calculation) (50% entering, 50% exiting) Refer to page 1010 of ITE's 7th Edition Trip Generation) . Sunday Peak Hour Trips T = 9.59(X) + 73.65 P.M. Peak Hour Trips = T = 116 trips (58 entering-SO%j 58 exiting-SO%) Refer to page 1011 of ITE's 7th Edition Trip Generation) CONCLUSIONS 1. Peak hour trips for "Church" uses do not coincide with Peak A.M. and Peak P.M. traffic patterns for adjacent traffic. Typical analysis is not applicable. 2. Peak hour traffic occurs on Sunday when adjacent traffic is lower than peak season, peak hour analysis, which would typically be used. 3. Adjacent roadway (Golden Gate Boulevard) is operating at Level of Service "A" PREPARED BY: LANDY ENGINEERING, INC. 2780 SOUTH HORSESHOE DRIVE * SUITE 6 NAPLES, FLORIDA 34104 (239) 261-6999 CU-2004-AR-6384 Project # 19993460 Date: 8/11/2004 Mike DeRuntz Companion to SDPA-AR-5208 Church (560) Agenda Item No. 78 . October 11, 2005 Page 52 of 71 Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday Number of Studies: 8 Average 1000 Sq. Feet GFA: 19 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 9.11 4.35 - 30.20 Standard Deviation 7.20 Data Plot and Equation 500 400 ~ ~ ~ ~ , , ~ ~ '. . - ~, . -' -"'. ~ ~ , ~ ~ ~ .~ ////< -"- . " . x III "0 C W 0- '1:: .... Q) U :E Gl > Q) Cl e <D ~ II .... x 300 200 ~ ~ /</// ~ ...;,-,,,~ /~//// " x '.,""- .,.... ,,' x :>K >//// . 100 o I 20 30 40 50 o 10 x = 1000 Sq. Feet Gross Floor Area X Actual Deta PoInta -- -- - - Avenge R... Fmed Curve Equation: Not given fI2=- Trip Generation, 7th Edition 1003 Institute of Transportation Engineers Church (560) Agenda Item No. 78 October 11, 2005 Page 53 of 71 Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, A.M. Peak Hour of Generator Number of Studies: 8 Average 1000 Sq. Feet GFA: 19 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 1.28 0.30 6.61 1.98 Data Plot and Equation 80 X 70 , , , 80 .- .. J ~ , -: , , , , en , , "C , , c , , w , , X a. 50 ,. ,- -, ~ , , , .;:: , , I- , , , II) , , u , , :2 , , II) 40 ., y. > , ,( II) X , , ~ , , , , , ~ , 30 .- '- ,.",./. .' , , , II , I- , , , , , , , 20 .- , ,- ., -. , , , , , , , , , v , , 10 , , . -~ , , , , :i< X , , , , X , 0 I 0 10 20 30 40 50 X = 1000 Sq. Feet Gross Roor Area X Actuel DetIl PoInts - ----- Average Rete Fitted Curve Equation: Not given R2 = - Trip Generation, 7th Edition 1006 Institute of Transportation Engineers Church ( 560) Agenda Item No. 78 October 11 , 2005 Page 54 of 71 Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Weekday, P.M. Peak Hour of Generator Number of Studies: 8 Average 1000 Sq. Feet GFA: 19 Directional Distribution: 59% entering, 41 % exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates Standard Deviation 1.46 1.41 0.78 4.04 Data Plot and Equation 70 lIJ "C c: W a. 'C: .... CD u :c ~ CD e CD ~ II .... , , , , , , , , , , , . . . , , 60 ~ -. - - - - - -. ~. - - -.- ~. -........... .,..... .,......... ","... - -... -. - -. -":' ;,,~..."" -.. - -..... " //< 50 ..... _.....,...:-.............,.:-.............. -:... />;/~.............. -....... , . , ~...'" . . ,'" 40 - - - - -.. - - -. - - - - '. -. - . -.. - - ..... .'. - -. -.. - .. - . ....". .'. .. . . . /,,//" . X . ",,'" 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -.- .,. - . . . - . . . . . ',' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " :x x , , //'/ ' 20 . - . . . - - . - . - . . - - I . _ _ _ _,....~ _ _ _ _ _ _ _ .:- . _ . _ . . _ . _ _ . . . . .: _ . . . _ _ . _ . . _ . _ _ _ _ . _ _ _ _ . _ _ . . _ _ _ . . :,i >:I:: : ,,'" ............~ . >>,/.. ................. ............ ...................................... 10 o o 10 20 30 40 50 X Actu8' Dlda Polntll x = 1000 Sq. Feet Gross Floor Area FItted Curve -- -- - - Average Rete R2 = 0.58 fitted Curve Equation: Ln(T) = 0.49 Ln(X) + 1.85 Trip Generation, 7th Edition 1007 Institute of Transportation Engineers Church ( 560) Agenda Item No. 78 October 11 , 2005 Page 55 of 71 Average Vehicle Trip Ends vs: 1000 Sq. Feet Gross Floor Area On a: Sunday Number of Studies: 7 Average 1000 Sq. Feet GFA: 19 Directional Distribution: 50% entering, 50% exiting Trip Generation per 1000 Sq. Feet Gross Floor Area Average Rate Range of Rates 36.63 19.15 - 113.38 Standard Deviation 29.13 Data Plot and Equation 1,800 1,700 1,600 1,500 1,400 1,300 III "0 1,200 c: W .9- 1,100 ~ Q) 1,000' U :E Q) 900 > Q) BOO Cl ~ Q) 700 ~ II 600 I- 500 400 300 200 100 0 0 , , , - - - - . - - - - - - - - - - - - . - - - - - - -.- - - - - - - . - - - - - . . -. - . - - . . . . . - . . - .: . - - . - . ~~---.,,~ . - . - . . . - ~ . . . . . . . - . . . - . . . . . - . . . . . . . . . . - . . . . . . . . - . - . - - - - - . . . . - . . - - - . . . ./ .. . --_.__._-~-_._--_.__.__._:_._._-_._------_:._..._--------_:::/<'.::::.::.. 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Feet Gross Floor Area Average Rate Range of Rates 11.76 5.17 - 51.27 Standard Deviation 8.31 Data Plot and Equation 1,600 1,500 1,400 1.300 1,200 en 1,100 "C c W Q. 1,000 '1:: l- ll) 900 (j :E Q) 800 > CD C) 700 l!! (I) ~ 600 II I- 500 400 300 200 100 0 0 :x , . . ~.'.'T-.~'-~~~'.-"i- . . . . . -,_.... .,'"..' ",".... ",_.. _.- . , . -.. -. - -.. -. -- . , . I . , . ., " I' . . . - - ; . . - . . ~ . - - ~ ~ ",. . . - . -,. . . . - .,' . . - . '.' . . - . -,. - - . . - - - - . .:- - . . . . :. . ~~,...." ~ - . - . . - . - - . : . . . - - : - - - - - -: - - - - ~ .: . . . . . <. . . . . -:. - . . . <. . . . . .: - - - - . - :- - - . - " :~ . - - ~,.~"" =- : . - . ~ . . . . - . . I . . .",.4', . . . . . ~ . - . . . ~ . . . . - ~ . " - . . ~ . - " . - -:" * " ~ . ": * . . . ~ -:. . - . * ":- . . ~ * . :~ . ~ ~ . ~ ~ .//~ . ~ - ~ " .. "~... ~ - /, -"." ~:".... ~... - ~:~". -" ~~ ~ _. * ~:. ~ - - ~ -:- ~ -"" ~':.~" ~. ~ .:~ ~ *. - *:~;,,,,/~/~,~ - ~ ~ "~_. -. _:. - -. * , . . 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T" ADT ADT 03 559 Q Davis Blvd (SR 84) east of Airport Rd (CR 31) 24,780 27,112 30,590 31,084 30,183 -2.90% 558 Q Davis Blvd (SR 84) west of Airport Rd (CR 31) 24.848 28,532 33,665 33,104 32,686 -1.26% 601 Q Davis Blvd (SR 84) west of Colller Blvd (CR 951) 19.397 21,058 22,830 22,n6 22,920 0.85% 560 Q Davis Blvd (SR 84) west of Radio Rd (CR 856) 10.460 11,763 13,747 14.122 14,200 0.55% 538 Q Davis Blvd (SR 84) west of Santa Barbara Blvd 24,340 27,321 31,917 31,000 30,789 .0.68% 638 A Desoto Blvd north of Golden Gate Blvd (CR 876) 788 929 846 1,180 1,365 15.68'/0 639 A Desoto Blvd south of Golden Gate Blvd (CR 876) 948 927 1,854 1,139 1,522 33.63% 704 S Elkcam Circle east of Bald Eagle Dr (CR 953) 8,944 8,173 8,188 8,375 7,756 .7.39% 705 S Elkcam Circle west of Bald Eagle Dr(CR 953) 5,394 3,701 4,632 4,313 4,346 0.77% 636 S Everglades Blvd north of Golden Gate Blvd (CR 876) 2.731 3,166 3,576 4,448 5,817 30,79% 635 S Everglades Blvd north of 011 Well Rd (CR 858) 1,771 1,882 2,585 3,105 3,974 27,99% 637 S Everglades Blvd south of Golden Gate Blvd (CR 876) 3,077 3,242 3,649 4,294 4,946 15.18"10 549 Q First St south (CR 846) south of Main St (SR 29) 12,239 11,687 11,943 12,655 12,945 0.70% 531 Q Golden Gate Blvd (CR 876) east of Collier Blvd (CR 951) 15,163 17,054 20.156 20.307 25,368 24.92% 652 Q Golden Gate Blvd (CR 876) east of Wilson Blvd 12,110 11,007 12,175 12,474 15,801 26.67% 653 A Golden Gate Blvd (CR 876) west of 13 St NW DISC. DISC. DISC DISC DISC 678 Q Golden Gate Blvd (CR 876) west of Wilson Blvd 12,161 13,700 14,566 16,805 20,667 22.98"10 508 Q Golden Gate Pkwy (CR 866) east of Airport Rd (CR 31) 26,417 28,022 30,027 30,335 28,877 -4.80% 691 Q Golden Gate Pkwy (CR 886) east of Uvingstcn Road (CR 881) 31,140 28,860 -7.32% 605 Q Golden Gate Pkwy (CR 886) east of Santa Barbara Blvd 28,120 26,988 29,870 30,785 31,042 0.83% 507 Q Golden Gate Pkwy (CR 886) west of Airport Rd (CR 31) 43,117 43,062 45,172 44,286 44,592 0.69% 510 Q Golden Gate Pkwy (CR 886) west of Collier Blvd (CR 951) 16,398 16,851 18,377 18,467 18,640 0.94% 530 Q Golden Gate Pkwy (CR 886) west of Goodlette Rd (CR 851) 19,959 25,993 22,441 22,112 23,119 4.55% 509 Q Golden Gate Pkwy (CR 886) west of Santa Barbara Blvd 26,544 27,818 39.391 31,604 29,194 -7.62% 505 Q Goodlette Rd (CR 851) north of 22nd Ave north 32,218 33,444 36,724 35,368 33,093 -6.43% 595* Q Goodlette Rd (CR 851) north of Orange Blossom Dr 17,443 19,120 22,349 20,522 0 581* Q Goodlette Rd (CR 851) north of Pine Ridge Rd (CR 896) 18,777 20,957 25.207 22,055 0 569 Q Goodlette Rd (CR 851) south of First Ave south 19,215 24,800 28,989 27,776 28,824 3.77% 504 Q Goodlette Rd (CR 851) south of Golden Gate Pkwy (CR 886) 31.821 32,554 38,707 37,364 37,720 0.95% 594 Q Goodlette Rd (CR 851) south of 1mmokalee Rd (CR 846) 12,981 14,602 17,368 15,348 12,311 -19.79% 596* Q Goodlette Rd (CR 851) south of Orange Blossom Dr 18,170 20,533 24,426 20,193 0 506 Q Goodlette Rd (CR 851) south of Pine Ridge Rd (CR 896) 29,444 31,874 35,934 33,746 31,450 -6.80% 642 Q Green Blvd east of Santa Barbara Blvd 8.717 10.346 12,153 13,100 13,862 5.81% 643 Q Green Blvd west of Collier Blvd (CR 951) 5,372 6,135 6,946 7,833 7,893 0.77% 583 A Gulfshore Dr south of Bayvlew Dr 5,995 5,172 6,543 5,961 5,545 -6.98% 714 S Heathwood Dr north of San Marco Dr (CR 92) 6.065 6.920 7,190 8,344 6,918 .17.10% 715 S Heathwood Dr south of San Marco Dr(CR 92) 5,000 5,386 5.745 6,093 5,459 -10.40% 675 Q 1mmokalee Rd (846) east of Wilson Blvd 14,5n 16,208 17.913 21,482 23,577 9.75% 625 Q Immokalee Rd (CR 846) east of Goodlette Rd (CR 851) 34.0204 34.271 37,278 38,702 40,590 4.68% 567 Q Immokalee Rd (CR 846) east of Airport Rd (CR 31) 33,523 28.939 30,591 39,031 44,916 15.06% 593 Q 1mmokalee Rd (CR 846) east of Collier Blvd (CR 951) 17,411 18,361 19.799 22,138 24,231 9.45% 568 Q 1mmokalee Rd (CR 846) east of 1-75 (SR 93) 24,797 28.242 33.077 34.565 38,579 11.61% 566 Q 1mmokalee Rd (CR 846) east of US 41 (SR 45) (Tamiami Trail) 35,087 34,082 40,344 37,742 38,985 3.29% 620 Q 1mmokalee Rd (CR 846) north of Stockade Rd 8,286 7,870 6,529 8,848 8,685 -1.84% 586 A 1mmokalee Rd (CR 846) south of 011 Well Rd (CR 858) 10,146 11,994 12,504 14,950 16,537 10.61% 565 Q 1mmokalee Rd (CR 848) west of US 41 (CR 45) (Tamiami Trail) 14,908 15,142 0 17,305 17,481 1.02% 656 Q 1mmokalee Rd (CR 846) west of Collier Blvd (CR 951) 14,007 15,346 16,003 21,489 25,787 20.00% 672 Q 1mmokalee Road (846) 2 miles east of Everglades Blvd. 5,125 4,733 .7.66% 684 Q 1mmokalee Road (CR 846 East) 3 miles east of 29 South New Count 2003 1,382 679* Q 1mmokalee Road (CR 846) west of 1.75 (SR 93) New Count 2003 39,775 674 Q 1mmokalee Road (eR 846) west of Wilson Blvd 16,524 16,702 17,900 20,460 21,380 4.50% 677 Q Immokalee Road East of Everglades Blvd 5,086 5,224 2.71% 671 Q Immokalee Road south of Corkscrew Sanctuary Road 5,0492 6,033 9.86% 631 Q J & C Blvd west of Airport Rd (CR 31) 11,122 12,033 12.157 12,040 11,&48 -0.78% 614 A Jane's Scenic Dr west of SR 29 917 786 902 1,011 998 -1.29% 707 S Kendali Dr west of Collier Blvd (SR 951) 2,604 3,033 3.128 3,135 3,470 10.67% l; C N II !Ii a ! i! ~ ! ~ ~ " l;l ~ ! ~ ~ l;l - i a . s ~ ~ l;l j~ ~ ~~~~~ ~~!~~!!~~ !5~ 5~~ ~~~ ~~ ~~~ !~ ~ i~ S ~~N No;" ~~~ ~,~ b ~~a~l;~i!~I~i!~i=!soa~~~O~ii~;$~~~"~i~i!a~ i c g~~~.~~.~~~~~~~~~~~ ~~~ ~:~I~~~~~~~I'~~CG~~ ~ i! 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'" ... f j ] ~I -'" .. ~ ! ~I :3 ~ .~ 6 Ji .. 0: ... { ~ i 2 ~ a ~ 050 ~ .. u .. 0: '-' i .. i ~ s: ~ :: ~ :>' :tJ:-.: ! ..1 . :lTt Agenda Item No. 78 October 11, 2005 Page 60 of 71 Item #13A3 RESOLUTION 96-488 RE PETITION CU-96-l2, DON APPERSON REQUESTING CONDITIONAL USE TO ALLOW FOR A HOUSE OF WORSHIP FOR PROPERTY LOCATED ON THE SOUTH SIDE OF GOLDEN GATE BOULEVARD - ADOPTED WITH STIPULATIONS CHAIRMAN NORRIS: -- 13 (A) (3), Petition CU-96-l2. MR. BELLOWS: For the record, Ray Bellows of your -- of community -- current planning staff. The petitioner is proposing Conditional Use 1 of the estates zoning district to allow for a l78-seat church and related facilities. The subject 4.994-acre site is located on the west side of the Max Hasse Community Park. The proposed church qualifies for what's called a transitional conditional use in the Golden Gate Master Plan because it's between 2 acre -- in between 2 acres and and less than 5 acres in size; not located within 2 1/2 miles of or 1/2 road mile from a neighborhood center; and the property abuts a non-residential use, in this case the Golden Gate Master Plan Golden Gate Park. As you see, the county previously approved a conditional use for a church earlier this year. It's located just west of the Big Cypress School and wraps around the Golden Gate -- Max Hasse Park, and this is the subject site we're dealing with now. (indicating) CHAIRMAN NORRIS: Questions for Mr. Bellows? COMMISSIONER CONSTANTINE: Questions for the petitioner. The wording, as always, says, "for a church and related facilities." Do you have any plans for a homeless shelter or soup kitchen which, from time to time, we're told is a related church facility? MR. MARTIN: The answer is no. I'm -- and I'm Sanford Martin, representing the petitioner in this matter. In -- in In fact, at -- at the previous hearing, there was some -- there was some discussion or complaint regarding potential related activities, youth recreational activities, day care, nursery, youth programs, and those kind of things. This congregation -- The church has no such planned services of that nature. COMMISSIONER CONSTANTINE: No day-care center planned? MR. MARTIN: No. COMMISSIONER CONSTANTINE: Are you -- Are you comfortable making that a part of the record, saying no homeless shelter, no soup kitchen, no day care? MR. MARTIN: I believe so. Is Mr. -- Also for the record, we do have supporters here. I might indicate -- if they would raise their hands and -- COMMISSIONER MAC'KIE: That's what you guys have been Agenda Item No. 78 October 11, 2005 Page 61 of 71 here for all day! CHAIRMAN NORRIS: That's what you have been here for all day! COMMISSIONER MAC'KIE: Now we know! MR. MARTIN: Sev -- Several of them had to leave for work, but many have -- have stayed, and -- and I believe what I have said is -- is correct; is that correct? COMMISSIONER HANCOCK: Why do you need a church? You can just have service here. MR. MARTIN: Is that a commitment? (Telephone rings) COMMISSIONER MAC'KIE: Again. COMMISSIONER HANCOCK: Wrong number. CHAIRMAN NORRIS: Wrong number again. Any further questions? If not COMMISSIONER MATTHEWS: I have questions CHAIRMAN NORRIS: Okay. COMMISSIONER MATTHEWS: -- for Mr. Bellows, please. The -- The church that we approved a few months ago was -- was a creation of the county's action in the park in creating in-fill? MR. BELLOWS: That's correct. COMMISSIONER MATTHEWS: Is Is this lot also considered in-fill? MR. BELLOWS: Yes. The The park as denoted here is in between the two black squares here off of Golden Gate Boulevard. It's a non-residential use. Once that non-residential use was placed in Golden Gate Estates, the two black lots then qualified for transitional conditional use under the Golden Gate Master Plan. These are the only two lots in this area that can get this tradit transitional conditional use. So there won't be any others in this area. COMMISSIONER MATTHEWS: doing this in the future? board realized MR. amending they are looking at this situation, but I'm not sure if there's any proposed changes at this time. CHAIRMAN NORRIS: Okay. If there's no further questions, we'll close the public -- COMMISSIONER MATTHEWS: I -- I have one more question. The people who raised their -- who raised their hands who are in support of this, how many of you also live in Golden Gate Estates? Okay. Thank you. COMMISSIONER HANCOCK: Not the anticipated response. COMMISSIONER CONSTANTINE: Very important -- COMMISSIONER MATTHEWS: No, but that's fine. to see it. COMMISSIONER CONSTANTINE: the public hearing -- Well, how -- how do we avoid Because I don't -- I don't think this they were creating transitional uses. BELLOWS: Well, the long-range planning staff or updating the Golden Gate Master Plan now. is I believe I'm happy Mr. Chairman, if you'll close Agenda Item No. 78 October 11, 2005 Page 62 of 71 CHAIRMAN NORRIS: Close the public hearing. COMMISSIONER CONSTANTINE: I'll make a motion we approve Petition CU-96 -- COMMISSIONER MAC'KIE: Wait. It sounds like there's somebody that -- COMMISSIONER CONSTANTINE: 12. COMMISSIONER MAC'KIE: wanted to speak. MR. DORRILL: We've -- We've got some speakers, and I don't have -- COMMISSIONER CONSTANTINE: Oh, I'm sorry. MR. DORRILL: -- any way of knowing how many of them may be members of the church. CHAIRMAN NORRIS: Oh, okay. COMMISSIONER CONSTANTINE: Kind of tossed them aside. CHAIRMAN NORRIS: I'm sorry. MR. DORRILL: Mr. Apperson, did you wish to speak? CHAIRMAN NORRIS: We'll reopen the public hearing then. COMMISSIONER CONSTANTINE: Don, you going to talk us out of this or -- MR. APPERSON: No. COMMISSIONER MAC'KIE: Point out that you can waive your right to speak if you're satisfied with the direction things are going in. MR. DORRILL: Mr. Pereira -- MR. APPERSON: Maybe I need to waive that then. It was successfully presented by him, and I am the petitioner in the case, but I will step aside. Thank you. CHAIRMAN NORRIS: Name, please. MR. APPERSON: No. I mean -- CHAIRMAN NORRIS: State your name for the record, please. MR. APPERSON: Don Apperson. CHAIRMAN NORRIS: Thank you. MR. DORRILL: Lionel Pereira. COMMISSIONER MAC'KIE: He's waiving. MR. PEREIRA: I'll waive. MR. DORRILL: He's waiving. I may have butchered his name too. I heard giggling in the back. I'm from Alabama. Y'all bear with me. Mr. Endres. MR. ENDRES: Yeah. I'll waive. MR. DORRILL: Mr. Perkins. COMMISSIONER CONSTANTINE: Not a chance Al will waive. COMMISSIONER MAC'KIE: Corne on, Al. Wave at us. MR. PERKINS: Today I am here -- Okay. Al Perkins, and I'm wearing a different hat today on beha -- behalf of George Kuller -- Keller who will never be with us again so -- I've argued with him for 17 years. I'm going to miss him. Okay. I'm speaking for Velma Cirincione who can't couldn't make it today on behalf of Golden Gate Estates Area Civic Association. "To all Commissioners: I have appeared before you and other boards many times on zoning variances. Being unable to attend, I urge you to consider the wishes of the Golden Gate Estates Area Civic Association residents. Agenda Item No. 78 October 11, 2005 Page 63 of 71 "We do not want any changes in our never seen estate residents in favor of outside interests that are in favor of changes and find a loophole; therefore, please consider our wishes and put a stop right now to the variance's request. Thank you. Velma Cirincione." CHAIRMAN NORRIS: Thank you. MR. PERKINS: Thank you for myself. MR. DORRILL: Ms. Howard, Donna Howard. COMMISSIONER MATTHEWS: As she's coming up, I -- I'd to comment on -- in response to the letter just read, master plan. You have changes. It is always like when I asked the question how many people here lived in Golden Gate Estates who were in favor of the petition, I'd say there were 25 to 30 hands raised. Go ahead. MS. HOWARD: My name is Donna Howard. I live at 3475 Golden Gate Boulevard. I have appeared before you once before, and Pandora's box is open, guys, and this is right across the street from that me. happen. Now for I've pleaded and begged with you before not to let this it's happened again, and as you were told, there's another spot it to happen, and there's another church right behind this one. They're meeting now at the school. I've received pamphlets from the church that is now in there, and you guys almost got snookered by Mr. Smith the first time because there was no church until our commissioner from District 4 made it that there had to be a church before a day-care center, and I want to thank you because there would have only been the day-care center. I -- I have children. I have grandchildren. Had I what was going to happen with putting in this park, for that known have said, "I don't grandchildren, I would want that." Even though I have children, one great grandchild, I would have said no because now is -- all I have is churches. And they say that they don't have all these meetings and that, but they do lend out their church to five or six other organizations or churches or whatever they're called. Last Monday night I went to a civic association at the community center, and there was a service going on, cars parked out in the road. Came home; they were still there. Wednesday night I went to another meeting at the community center. There were cars parked out in the road. There was another service of some type going on. Came home at quarter after 9:00; they were still there. I'm told this goes on all the time. I went Friday to K-Mart from work, and on my way home at six o'clock in the evening, under where they pull in and let people Agenda Item No. 78 October 11, 2005 Page 64 of 71 out to go into the hall, they had all kinds of tables set up under there. I don't know whether they were having a bizarre or what the heck it was they were doing, cars parked allover the street again. Is this going to happen on our boulevard which we really need? Also I gave Mr. -- our -- I can't think of his name. MR. DORRILL: Dorrill. MS. HOWARD: I'm sorry. Mr. Dorrill. I gave him some petitions, the ones that I had. Some of them are missing. I also gave him a couple of letters that were there. I please urge you, don't do this to me again. You've done it once to me. Don't do it to me again, please. Also I got a letter last Friday -- a week ago Friday from the county telling me now they want to take 25 feet of my land to build a four-lane highway with 42-foot medium [sic], 8-foot sidewalks and all this other baloney. What more do you people want from me? You're taking away my residential privacy with all the parks and the schools and -- than on the street. educated. But and I -- I'd rather have the kids play in the park Don't get me wrong. And I know they have to be what -- what about me? What about me? What about the other residents in the estates? We bought out there because we wanted to be out there, to have our acreage, to have our quietness. You're taking this away. And I am the closest one to both of these churches and the entrance to this park. How many more conditional transitional uses are you going to throw at me? And that's what you're doing. You're throwing everything at me because I'm there, and I've been there for 17 years. I've been in this county for 26 years. I've never missed an election. I've never not paid my taxes. I've always done what I was asked to do. I'm asking you to please do something for me. Get rid of this transitional conditional use. Why keep hurting people? And you really are. You have really hurt somebody who has trusted you all the time that I've lived here. I've trusted this county and loved it. I have lots of questions now. else? CHAIRMAN NORRIS: Thank you, COMMISSIONER CONSTANTINE: I questions for her. I wasn't here Are you in favor of me or anything ma'am. Your time is up. -- I've got a couple of January 23, so I don't know what all went on at that hearing. The objections to programs over and above regular church programs I thought had been answered. I have very specifically asked that question and were told there won't be a plethora MS. HOWARD: Right. Agenda Item No. 78 October 11, 2005 Page 65 of 71 COMMISSIONER MS. HOWARD: COMMISSIONER MS. HOWARD: COMMISSIONER CONSTANTINE: There -- CONSTANTINE: There was -- CONSTANTINE: -- of youth pro -- Let me finish the -- -- question, ma'am. You've had MS. HOWARD: I'm sorry. COMMISSIONER CONSTANTINE: -- your five minutes. MS. HOWARD: I'm sorry. COMMISSIONER CONSTANTINE: Let me ask you a question, and then you can answer it. MS. HOWARD: Okay. I'm sorry. COMMISSIONER CONSTANTINE: We aren't going to be youth programs. care center. They don't anticipate a homeless shelter. They don't anticipate a soup kitchen. I'm -- I'm curious as to what it is you're objecting to. If -- If there is a service on Sunday morning or on Wednesday night and and -- I -- I didn't understand your point when you said you left and there were cars there, and you came back and there were cars there. I -- I don't understand the objection completely. MS. HOWARD: Okay. It is not only them that use this church. They themselves in front of the planning board said that they lend the uses out or rent it out -- I do not know the particulars We've been told there There isn't going to be a day- in that -- to five or six other organizations. COMMISSIONER CONSTANTINE: That's the church that was approved in January? MS. HOWARD: No, no, no. COMMISSIONER CONSTANTINE: does it? MS. HOWARD: But it's on Green. There is -- This church is als -- on Green Boulevard, and they want to move out to the estates. They said that they didn't have proper parking and -- but they're not doing all of the land. They're not clearing it all. COMMISSIONER CONSTA}ITINE: So is your objection that cars are parked in the road? MS. HOWARD: My objection is that I want some peace. There's going to be services or whatever you call it all the time, This one. This one right now. This one doesn't exist yet, not just one church, two churches -- COMMISSIONER CONSTANTINE: Your objection -- MS. HOWARD: -- than the one. COMMISSIONER CONSTANTINE: -- then is that there are going to -- I -- I don't understand the objection. MS. HOWARD: I -- I -- My objection is I want to have some peace and quiet, that too much of this is going on with your school, your entrance to the park, your one church that's going in that will have a day care, and now this church is going in. It's constant. COMMISSIONER CONSTANTINE: So you would prefer that the estates not have a park and not have a school? Agenda Item No. 78 October 11 , 2005 Page 66 of 71 M&. HOWARD: No, no. I didn't -- I had said I would have objected to it been -- being built right there where, as you had pointed out, you made this possible where it wasn't before. It was all what I moved into. I residential area land is cheaper. for everything to go in around residential area, and that's want the residential area, and they're going into rather than into the commercial areas because the Yes, it is. And that's the sole reason. They can go in. They can use this conditional transitional use, and basically who am I? I'm one person. But it is across the street from my house. So I'm constantly the one that's going to have the people going in and out of all of these different places; okay? You've got the school. You've got the playground. COMMISSIONER CONSTANTINE: a school or for a park. MS. HOWARD: No. COMMISSIONER CONSTANTINE: object to the school or park. going every day from the school -- and I'm sure you do -- you've just told me you don't object to the school. MS. HOWARD: How could you object to education? COMMISSIONER CONSTANTINE: Okay. Great. MS. HOWARD: Okay. COMMISSIONER CONSTANTINE: And you've just told me you don't object to the park, and yet I suspect during the day you have traffic coming and going from the park. MS. HOWARD: All right. But-- COMMISSIONER CONSTANTINE: I'm going to just take a wild guess because most churches I've attended do not have traffic coming and going all day every day. They have services probably on Sunday, perhaps on Wednesday night, maybe even another night. I don't know. But what I hear you complaining about is all this traffic constantly coming and going. MS. HOWARD: Well-- COMMISSIONER CONSTANTINE: That traffic is generated by a park and by a school which you've told me you don't object to. MS. HOWARD: And then when you put this in, you're doing additional. But wouldn't it be much better if there was a residence there that had maybe two or three cars rather than a parish that has -- what? -- a hundred and -- 100 cars? 50 cars? How many cars would go in and out? CHAIRMAN NORRIS: Thank you. MR. DORRILL: That's all, Mr. Chairman. MS. HOWARD: All right. Thank you. COMMISSIONER MATTHEWS: Mr. Chairman, I have a question for the petitioner. The petition today isn't for You've just said you don't So if you have traffic coming and Agenda Item No. 78 October 11 , 2005 Page 67 of 71 How many congregations are going to use this hall? MR. MARTIN: The -- The summary indicates 178 seats, around 80 or so cars. The services are -- are basically limited to Sunday and -- and weeknight evenings if -- if -- COMMISSIONER MATTHEWS: The question I asked, how many congregations are going to use this church? MR. MARTIN: Oh, I -- I'm sorry. COMMISSIONER MATTHEWS: This hall. I mean, because that -- I'm familiar with -- with the Kingdom Hall situation and -- and -- and often -- MR. MARTIN: I believe that there are COMMISSIONER MATTHEWS: -- several -- MR. MARTIN: Yeah. I'm sorry. COMMISSIONER MATTHEWS: Just a second -- several congregations use the same facility which means it's not just one or two services on a Sunday. It's multiple services because there's multiple congregations using MR. MARTIN: Well-- COMMISSIONER MATTHEWS: -- the same building. COMMISSIONER CONSTANTINE: Is that a land use question? MR. MARTIN: May I answer now or -- COMMISSIONER HANCOCK: Yeah. How about an answer? MR. MARTIN: One reason that many of the churches do now a number of congregations is that they are building and have looking for new sites. I believe that there will be a plan for this site no more than two congregations; is -- is that correct? And I believe one is a -- a Spanish-speaking congregation, and -- and the other, of course, is -- is English-speaking. COMMISSIONER MATTHEWS: Okay. I -- I just wanted to make sure that we knew that it's two congregations. So there will be several services on Sunday. So the traffic impact is much more, is is what I'm saying, than simply a single-church congregation using the -- the building, that we really have two churches here. COMMISSIONER CONSTANTINE: Well, I'm not sure you can -- you can make that direct analogy. I -- I happen to belong to a Catholic church which has five services each -- each weekend in the summertime and seven each weekend in the wintertime, and that's one congregation. I don't think that has anything to do with how many congregations are using a particular facility. It's not a land use question. COMMISSIONER HANCOCK: The -- the real -- the -- The issue we've dealt with here -- and -- and this is the second time this lady's appeared before us on -- on a similar matter -- and it's the creation, kind of, of a node. You know, when we put the school and the park there and then the churches are allowed adjacent to it, you start getting a lot of traffic in one area. I remember the discussion on this was that the school and the park have differing hours than a church, and so typically you're not impacting all at the same time, and we are taking her Agenda Item No. 78 October 11, 2005 Page 68 of 71 concerns into consideration in actually amending our Growth Management Plan so that more of these nodes can't be created. What that doesn't do is it doesn't undo a situation that allows for this type of development. And to try and focus on the land use portion of this, I have a question for the petitioner. The church -- Although the building sits 100 feet from the edge of the property, I see only what is it? -- Type D buffer which is -- what? -- 20 feet, Mr. Bellows? MR. BELLOWS: Type -- Yeah. COMMISSIONER HANCOCK: It's a -- it's a B -- Well, I I see a couple of different letters. Here's my -- Here's my point. MR. BELLOWS: D along the roadway. COMMISSIONER HANCOCK: Here's my point. That area has got a lot of pines in it, and the more we can move the parking back from there, at least visual shielding will occur where the church can still sit there. But if we can bring that parking area back another 20 feet and leave existing vegetation in there, at least the people who live across the street don't get the front clear-cut so that they're seeing a building right in front of them. I don't think that's unreasonable to request at a minimum, and it doesn't affect the church operation. I assume you hope to expand some day to the rear of the property. What I'd like to ask is if you'd be willing to increase the buffer by an additional 20 feet and leave existing vegetation on the north side of the property line. MR. MARTIN: Mr. Apperson. MR. APPERSON: I just mentioned -- Don Apperson again. I've already signed an agreement that -- Mr. Bellows has a copy to set it back an additional 25 feet, and it's already on record. went to the office after the planning commission meeting, and it's already been signed. COMMISSIONER HANCOCK: Okay. Mr. Bellows, walk me from the edge of the property line because I'm not talking so much about -- just about the building but the parking area because that's the I just area you clear up to. MR. BELLOWS: Let me put up the larger map. COMMISSIONER HANCOCK: I just want to at least visually reduce the impact of -- of development across the street from residential homes. I don't think that's too much to ask. It's certainly not going to make the folks across the street completely happy but it -- I think it makes sense. Of course, if I'm alone on that, y'all can just tell me to go away. I will. COMMISSIONER MAC'KIE: No. I-- COMMISSIONER CONSTANTINE: That's a good idea. COMMISSIONER MAC'KIE: I think it makes sense, Agenda Item No. 78 October 11, 2005 Page 69 of71 especially -- if I understand what you're saying, is not to add more landscaping, thus more expense. You're saying take exactly what you have and move it back 20 feet. COMMISSIONER HANCOCK: Yeah. Just shift it back another 20 feet or so to allow more -- because that area is just chock-full of pines. I mean, you live there. I think it's just -- As you drive down Golden Gate -- is it boulevard in that area or parkway? COMMISSIONER CONSTANTINE: Uh-huh. Boulevard. COMMISSIONER MATTHEWS: Boulevard. COMMISSIONER HANCOCK: Boulevard, it just -- COMMISSIONER CONSTANTINE: We're going to get you out in that neighborhood more often. COMMISSIONER HANCOCK: There's a lot of pines out there, and I just think the more we can leave and visually buffer it, the better everybody is. So if you'll just walk me from the property line, Mr. Bellows, and tell me what we have. MR. BELLOWS: Okay. This is the Golden Gate Boulevard, the entrance off of -- We have the shoulder which is also water management area. You come in. There's the driveway that comes in and around and the l78-seat church which is about 5,512 square feet. COMMISSIONER HANCOCK: Okay. Let -- Let's go to the north property line, the 5 -- this 5-acre piece. Now, walk me in a southerly direction. How many feet do we have between the property line and the paved asphalt drive? MR. BELLOWS: That's 50 feet from center -- property line or center line of roadway to COMMISSIONER HANCOCK: Okay. MR. BELLOWS: -- the asphalt sidewalk. COMMISSIONER MATTHEWS: I only see a 5-foot buffer right now. COMMISSIONER HANCOCK: I'm -- I'm not -- MR. BELLOWS: That's a 15-foot buffer. COMMISSIONER HANCOCK: Okay. Forget everything MR. BELLOWS: The one that's -- COMMISSIONER HANCOCK: Forget everything in the road right-of-way because it's already been clear-cut, gone. MR. BELLOWS: Yeah. COMMISSIONER HANCOCK: All right. I'm talking about where the -- the property line begins that we measure our setbacks from, the edge of right-of-way. MR. BELLOWS: From the edge of right-of-way and the asphalt sidewalk going back to the church is 100 feet. COMMISSIONER HANCOCK: Okay. That's not what I'm asking. What I'm asking is, go to the concrete drive. Give me that distance between the edge of right-of-way and the concrete drive, the access drive. MR. BELLOWS: measurement, so I COMMISSIONER MR. BELLOWS: It's about 25 feet. -- I'd have to -- HANCOCK: Okay. -- estimate 25 feet. There's no Agenda Item No. 78 October 11 , 2005 Page 70 of 71 COMMISSIONER HANCOCK: Okay. That's -- I thought it was at 20. What I'm asking is an additional 20 feet there. Bring everything back. Shift it to the south an additional 20 feet. COMMISSIONER CONSTANTINE: You're looking at, at least 40 feet -- COMMISSIONER HANCOCK: Yeah. COMMISSIONER CONSTANTINE: of buffer? COMMISSIONER HANCOCK: Give me 40, 45 feet of buffer between the edge of right-of-way and the concrete -- MR. BELLOWS: Yeah. COMMISSIONER HANCOCK: -- drive because otherwise you're going to have to eliminate everything in that area. MR. BELLOWS: I'd like to point out that the county transportation department has requested an additional 25 feet for right-of-way. So we can add this behind that 25 feet. COMMISSIONER HANCOCK: Now, wait. When they take that 25, they're going to -- COMMISSIONER MAC'KIE: We're back to 20. COMMISSIONER MATTHEWS: Now we're back to 20. MR. BELLOWS: Yeah. So we'll have to move that another 20 feet -- MR. MARTIN: Mr. Chairman, I'm -- I'm -- If I may, Mr. Chairman, I'm -- I'm informed by the petitioner that -- that that 40 feet, I believe -- COMMISSIONER HANCOCK: Forty-five. MR. MARTIN: Forty-five feet? How far are we going? 45 feet to make it is acceptable to the petitioner. COMMISSIONER HANCOCK: All right. Yeah. Let's-- let -- I'll leave it at that, at 45 feet. I just -- I want to make sure that area doesn't get clear-cut so that you just have an open window -- MR. BELLOWS: Yeah. COMMISSIONER HANCOCK: -- right to it, and it will make prettier surroundings for the church too so CHAIRMAN NORRIS: Okay. COMMISSIONER HANCOCK: -- everybody wins. CHAIRMAN NORRIS: Any further questions or COMMISSIONER MATTHEWS: Yeah. So -- so when -- when when the transportation department wants its right-of-way at 25 feet, now we're -- now we're down to a buffer again of only 15 feet? MR. BELLOWS: We're going to add another COMMISSIONER HANCOCK: 20. MR. BELLOWS: -- 20. So we'll have at least 20. COMMISSIONER CONSTANTINE: Let me -- Let me try one thing here. They had a particular site development plan. I think the 25 feet that they signed for was to accommodate transportation. MR. BELLOWS: That's correct. COMMISSIONER CONSTANTINE: Now, Commissioner Hancock is suggesting over and above that MR. BELLOWS: -- 20 feet. COMMISSIONER CONSTANTINE: 20 feet. So they end up actually, I think, 60 or 65 feet total. COMMISSIONER MATTHEWS: Okay. That -- that -- COMMISSIONER CONSTANTINE: Some of that is going to get Agenda Item No. 78 October 11, 2005 Page 71 of 71 eaten up by transportation at some point. COMMISSIONER MATTHEWS: That's what I want to want to be clear on, in that after transportation gets its 25 feet, we're still talking 40 feet. COMMISSIONER HANCOCK: Yeah, because the buffer was measured from that 25-foot line, that -- So the buffer was measured from what is going to be taken by transportation so -- okay. CHAIRMAN NORRIS: Okay. COMMISSIONER HANCOCK: That's good. CHAIRMAN NORRIS: Okay. Everybody square? We'll close the public hearing. COMMISSIONER CONSTANTINE: I'll amend my motion to reflect Commissioner Hancock's extra 25 feet. COMMISSIONER MAC'KIE: Second. COMMISSIONER HANCOCK: Twenty. COMMISSIONER CONSTANTINE: Twenty feet. Sorry. CHAIRMAN NORRIS: The second amends? COMMISSIONER MAC'KIE: Yes, sir. CHAIRMAN NORRIS: We have a motion and a second. All those in favor signify by saying aye. Opposed? COMMISSIONER MATTHEWS: Aye. CHAIRMAN NORRIS: Okay. That petition is approved 4 to 1. MR. MARTIN: Thank you. (Applause) Agenda Item No. 8A October 11 , 2005 Page 1 of 172 ..-' EXECUTIVE SUMMARY PUDA-2005-AR-7152; Valewood Properties, LLC, represented by Bruce Tyson of WilsonMilIer, Inc., requesting an amendment to the Quail II Planned Unit Development (PUD) to amend a tract designation from commercial to residential use, allowing for an additional 152 dwelling units, raising the total allowable units to 512 units overall. The new R-l tract provides development standards for the subject site. The subject property is approximately 21.74 acres located north of Immokalee Road (CR 846), approximately ~ mile east of the 1-75 interchange in Section 26, Township 48 South, Range 26 East. OBJECTIVE: To have the Board of County Commissioners (BCC) consider an application to amend the Quail II Planned Unit Development (PUD) as noted below and to make sure that the project is in harmony with all the applicable codes and regulations in order to ensure that the community's interests are maintained. CONSIDERA TIONS: --- The Quail II PUD was fIrst approved on August 10, 1982 with the adoption of Ordinance Number 82-68, and was later amended by Ordinance Number 92-41. This PUD is currently developed with residential and commercial uses. There is some vacant land available, including the subject site, which is in the commercial tract. The PUD Amendment petition seeks to redesignate the subject 21.74 acre tract from commercial to a newly created "R-I" tract that would permit multi-family residential dwelling units. Based on discussions with residents of the neighboring communities and in the Collier County Planning Commission public hearing for this project, the applicant has altered the request to permit 152 new units, which is a project density of seven units per acre; limited building heights; stipulated that each unit shall have a 2-car garage; and stipulated that the new community will contribute to the maintenance of Valewood Drive and the drainage lake within the Longshore Lake community to which they will drain, as permitted by South Florida Water Management District. 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 could be developed. ,,-- 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 Agenda Item No. 8A October 11, 2005 Page 2 of 172 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 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 of the Future Land Use Element's (FLUE's) density rating system (DRS), but may not exceed 16 units per acre. Under the FLUE Density Rating System, the subject property qualifies for up to 16 units per acre (see below). The petitioner is requesting 152 dwelling units (du) and indicates this yields approximately 7 du/a. The Density Rating System analysis for the proposed PUD rezone is as follows: 4 du/a Base Density +3 du/a proximity to mixed-use activity center (at Immokalee Road and 1-75) +Up to 16 units per acre for conversion of commercial zoning 16 du/acre Maximum eligible density (DRS caps density at 16 du/a) Staff notes that the Density Rating System would allow the petitioner to request the full 16 units per acre. Were the petitioner to do so, the subject property could generate approximately 348 units. The 152 dwelling units requested by the petitioner would bring the approved number of units within the PUD from 360 to 512. The entire Quail II PUD encompasses approximately 194.34 acres. The current gross residential density is approximately 2.14 du/acre. The petitioner's request would bring the gross density to approximately 2.63 units per acre. Review of PUD Document and Master Plan: 1. Objective 7, Policies 7.1 through 7.7, of the Future Land Use Element (FLUE) were approved on October 26, 2004. This Objective and policies adopt certain "Smart Growth" provisions into the FLUE. Relative to the proposed project, the following policies are applicable: Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce congestion on nearby collector and arterial roads and minimize the need for traffic Agenda Item No. 8A October 11, 2005 Page 3 of 172 signals. (The PUD Master Plan proposes access/egress by Valewood Drive and Commercial Drive to lmmokalee Road). Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. (The project site abuts Valewood Drive to the west and north, developed residential lots to the east, and commercial lots (some undeveloped) to the south. All of the commercial lots abut Commercial Drive which connects to both Valewood Drive and Executive Drive, both of which connect to lmmokalee Road. Based upon the surrounding land use pattern, staff does not believe vehicular interconnections with adjacent properties is necessarily appropriate. The petitioner states sidewalks and pedestrian connections will be provided.) Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. (The PUD as a whole "Will include a mix of unit types and densities, and open spaces-including golf course, lakes and preserves.) .- Note: The above policies are intended to "encourage" the use of smart growth principles in local development planning. The petitioner must address these policies by indicating whether, and to what degree, the project will adhere to the policies. However, adherence to the policies is not mandatory. Future Land Use Element (FLUE) Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses. The 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: The petition under consideration was reviewed by Environmental Review staff, who did not raise any environmental issues with the proposed amendment. ENVIRONMENTAL ADVISORY COUNCIL (EAC) ISSUES: The Environmental Advisory Council (EAC) did not hear this petition, because the site is already impacted, and there are no wetlands or listed species on the site. - Agenda Item No. 8A October 11, 2005 Page 4 of 172 PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPC) heard the petition on September 1, 2005 and with a vote of 7-2 recommended to forward this petition to the Board of County Commissioners (BCC) with a recommendation of approval, subject to the following stipulations: 1. The applicant shall amend the PUD document to reflect a maximum of7 units per acre on the subject site; 2. The word "front" shall be removed from the R-l Development Standards table in the PUD document; 3. Asphalt shingles shall be prohibited in the subject site; 4. The proposed residential community shall be gated; 5. Recreation facilities shall be located in the middle of the site; 6. All dwelling units shall include a 2-car garage; and, 7. The three commitments to the neighboring communities, regarding a stormwater maintenance contribution, rental lease terms and Valewood Drive maintenance contributions, will be included in the condominium covenants. The petitioner has agreed with all the stipulations recommended for approval by the Planning Commission and they have been incorporated into the PUD document. In addition, the CCPC had a general discussion on the following topics: appropriate density of the subject site; traffic impacts from development; affordable housing; maintenance of the Immokalee Road canal; distribution of land uses in the area; project entrances; and, whether the subject site was an appropriate location for a mixed use development. Because the CCPC vote to recommend approval was not unanimous, this petition cannot be placed on the Summary Agenda. 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 10.02.13 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. Agenda Item No. SA October 11 , 2005 Page 5 of 172 The Planning Commission, with its recommendation of approval, concurred with the above legal considerations and findings. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition PUDA-2005-AR- 7152, which partially repeals Ordinance Number 92-41, and adopt the revised Quail II 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 and Land Development Review - ttem Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SA This item rf>qci1res thai al! pariinp<1nts be h'lcrn and e:< parle communication bf> dls:IQsf>d i:'UDA<lQ05"~.R-7;,52: Valewood Properties LLC represented by 8rur:e Tyson of iNlfic,nMille' Ire" r€C)U!':l>ling a'1 amerodnH:nt te the Quailll PI;;nned Unit [ie\'eiDpm~nt {pUDl to amend a tract deSignation frem commercial 10 residential use, ailoVJing lor an 3ddiiional 15:' dwelling U'lits, n'lls!ng the lDtaI31!Qw!'.hle un,ts to 51= wnits -:-he new R.l traCI p:ovides d~velopmenl ..tandarrJfi lor the i>ubJ~(.t ,;ile Th(>) f,ubJcct pmC')ertv If, aDprc)(imately 21 74 aClei'.lccale-d nortrl 01 IrWl1C,kalee i~oa:lICR 2-16), appro"imatelY mile east of the 1-75 inter:hang€ In Section 2;:; Towm:;rl'p -18 South, Range 26 t:::\st 10/ 11/2005 {~OO 00 AM Principal Planner Dat~ Prepared B)' H&ldIWUllal'llS Community Ol!-vdopme-nt 8. Environmental SeNtees Zoning &. Land Deve-topment Review 9123120055:14:33 PM 0"" Appro\'cd Oy Cotlstllnct' A. Johnson Operations A.nalyst Community Developm(>nt.& Community Development & Environmc-ntal Services Envlronmt!ntal Services Admin 912&/20009:08 AM Appm\'ed 0)' Oi:llt' Sandra L~a E:(ecutlve Sccret.llry Community Development 5. Community Development & Environmental Sf'rvlces Environment...l Sfrrvicf!'s Admin, 9!26/2005 9;20 AM Appro"ed By Chief PI:lnner D.." FillY BelloWS Community Dc-v(>lopme-nt & Environmental ServlcelO Ztlnlng & LMld Development Review 9/271200512:13 PM D.,. Appnl\'ed By Susan Murray. AICP COn1n1U11lty Development &. Envlrorlme-ntal B~rvlce. Zoning &. Land Df:ovt"lopmer'lt DIrector Zoning & land Development Review 912812"00510:33 AM Joseph 1\. SChmitt Da.. AI)llroved 0)' Community Development &. Environmental Servlcc:!l Community Development & Envlronmel1UlI Servlf.es Admio5trator Community Dt"velopmi"nr &. Environmental ServlCl!li Admin. 91231200512:33 PM Norm E. Feder. AICP transportation Division Adminl1.trator Datl! Apllroved B)' Tr3nsportarlon 5e-rvlCl>5 Transportation SerViCes. Admin. 9129/200510:01 AM Marjorie M. Smdll-nt A!i!iiI.~Unt County Altorllt"y O;lte AIlPro\'ed By County Auomey County Attorney Office 912:9f200511:40AM Appro,'ed By OMB Coordinator County Mtmager's Dfflce Admin!stral\veAsslstant Dale Office- of M.lnagen1lCnl & Budget SI3012006 8;33 AM Mark Iu.ckson Budg!!t Analyst Dare Approl'cd BJ County Mar'lllger's OffIce Office of Manage-ment & Budget 9!3012005 10:26 AM Michael Smyko.....skl Manag...ment &. Budge.t Dlrecfor Dali! Appnl\'ed By County Mar'lager's Office Office of Ma11~91l'111('nt & Budget 1013120059:47 AM AllpnJ\'ed By James V. Mudd Bo.ard 01 County Corlllll1ssloners County Mi:lnager 0.." County Manager'. OffIce 1013/20Q5 5:48 PM QUAIL II A PLANNED UNIT DEVELOPMENT PREPARED BY: VINES & ASSOCIATES, INC. 715 TENTH STREET SOUTH NAPLES, FLORIDA 33940 PHONE: (813) 262-4164 and WILSON MILLER, INC. WILSON PROFESSIONAL CENTER 3200 BAILEY LANE. SUITE 200 NAPLES, FL 34105 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS REVIEWED BY CCPC AMENDMENT APPROVED BY BCC ORDINANCE NUMBER EXHIBIT "A" 9/12/2005- 15635B Ver. 03!- BTyson CAII43 N0515-026-QOo. ESBM- 29451 Agenda Item No. SA October 11, 2005 Page 7 of 172 2/20/92 6/16/92 92-41 9/01/05 Agenda Item No. 8A October 11, 2005 Page 8 of 172 TABLE OF CONTENTS PAGE SECTION I STATEMENT OF COMPLIANCE WITH GROWTH MANAGEMENT PLAN 1 SECTION II PROJECT DESCRIPTION 2 SECTION III PREMITTED USES AND DEVELOPMENT STANDARDS 4 SECTION IV GENERAL DEVELOPMENT COMMITMENTS 17 PUD MASTER PLAN ATTACHMENT 1 9/12/2005~ 156358 Ver. 03!~ BTyson CA#43 N0515-02M>OO- ESBM- 29451 Agenda Item No. 8A October 11, 2005 Page 9 of 172 SECTION I ST ^ TEMENT OF COMPLIANCE WITH GRO'.^/TH MAN/\GEMENT PLAN This PUD h:3S been deemed "improved" as defined in the Collier County Zoning Reo'.'aluation Ordinanco (Ordin:3nce NO. gO 23). Therefore, pursuant to Policy 5.1 of tho Future L:3nd Usa Elomont of tho Collior County Grmvth M:3n:3gomont Pl:3n, thic PUD is consistent 'Nith the Futuro Land Use Elomont. Statement of Compliance: 1. The development of this Proiect will be in compliance with the planning goals and obiectives of Collier County. as set forth in the Future Land Use Element. 2. The Quail II PUD is located within the urban residential subdistrict. The Quail II PUD includes commercial property zoned prior to the adoption of the Collier County Growth Management Plan (January 10. 1989). which has been found to be consistent through the Zoning Re-evaluation Program, and, which property is designated on the Future Land Use Map Series as Properties Consistent By Policy. Therefore, the location of commercial uses within this PUD is in compliance with the Growth Management Plan. 3. The residential portion of the Quail II PUD is consistent with the FLUE's Density Rating System (DRS). The base density for the Urban Residential Subdistrict is 4 dwelling units (du) per acre which for this 194.34+/- acre project equals 777 units. Portions of the PUD (135.55+/- acres) are located within the residential density band associated with Interchange Activity Center #4 (Immokalee Road at 1-75), and is therefore allowed to request an additional 3 units per acre, bringing the PUD potential dwelling unit count to 1183. The total residential dwelling units requested (512) equates to 2.6 units per acre which is 43% of the potential dwelling units allowed by the Growth Management Plan and therefore. the project is consistent with the Growth Manaqement Plan. 4. This proiect shall be subiect to applicable sections of the LDC at the time of development order approval. except as otherwise provided herein. 5. The Quail II PUD is a master planned community and is planned to encourage ingenuity. innovation and imagination as set forth in the Land Development Code (LDC) Planned Unit Development District. 6. All final local development orders for this proiect are subject to the Collier County Adequate Public Facilities Ordinance. Sections 6.02.00 and 10.02.07 of the LDC. Agenda Item No. SA October 11, 2005 Page 10 of 172 SECTION II PROJECT DESCRIPTION 2.1 DISTRICT ZONE: PUD: This project may be comprised of a mixture of commercial uses, residential uses, and community facilities. 2.2 MAXIMUM DWELLING UNITS: a. Total dwelling unit count in the areas designated as residential and future residential on the Master Development Plan shall not exceed ~ 512 units. b. The area designated as "Temporary Sewage Treatment Site, Future Residential and/or Community Facilities" on the revised PUD Master Plan (dated October 30, 1991) shall be limited to a maximum of 60 dwelling units. c. Total dwelling unit count on lands abutting the golf course shall not exceed 300. 2.3 DWELLING UNIT DISTRIBUTION: Prior to issuance of building permits for dwelling units, a detailed plan showing building locations, building heights, number of dwelling units per building, access drives and offstreet parking shall be prepared, submitted to, and approved by the Director. 2.4 SUBDIVISION MASTER PLAN: The approved Quail II Master Plan shall constitute the approved Subdivision Master Plan or Preliminary Subdivision Plat, as appropriate, for the golf course and residential complex. A Subdivision Master Plan or Preliminary Subdivision Plat, as appropriate, for the commercially designated property shall be submitted to the County for administrative review by staff. The plan shall meet the requirements of the Subdivision Regulations and the PUD Document. 2.5 EXCEPTIONS TO COUNTY SUBDIVISION REGULATIONS: a. Article X, Section 19: Street name signs shall be approved by the County Engineer, but need not meet the U.S.D.O.T.F.H.W.A. Manual of Uniform Traffic. -2- 9/12/2005- 156358 Ver. 03!. BTyson CA#43 N051S-02B-OOO- ESBM- 29451 Agenda Item No. 8A October 11, 2005 Page 11 of 172 Control Devices. Street pavement painting, striping, and reflective edging requirements shall be waived. b. Article X, Section 24; The requirement to place permanent reference monuments and permanent control points in a typical water valve cover where such monuments occur within the street pavement areas shall be waived. c. Article XI, Section 17F. & G.: All streets other than the existing principal entrance drive shall be classified as local. Local streets shall be comprised of a 20 ft. wide travelway within a 50 ft. wide privately owned street right of way commons. d. Article XI, Section 17.H: The 1,000 ft. maximum dead-end street length requirement shall be waived. An emergency vehicle access way shall be provided which connects the southernmost residential access drive to Valewood Drive. e. Article XI, Section 17.1: The requirement for curbs at all residential street intersections shall be waived and concrete valley gutters shall be permitted as a substitute, except at intersections of the residential streets with Valewood Drive or SR 846. Edge of pavement radii at street intersections shall be 30 ft. f. Article XI, Section 17.K: The requirement for 100 ft. tangent sections between reverse curves of streets shall be waived. g. Article XI, Section 21: The requirement for blank utility casings shall be waived. -3- Agenda Item No. 8A October 11 , 2005 Page 12 of 172 SECTION III PERMITTED USES AND DEVELOPMENT STANDARDS 3.1 RESIDENTIAL AREAS a. Permitted Uses and Structures 1. Permitted Principal Uses and Structures: Attached and detached single family structures; multi-family dwellings; recreational open space; golf course and golf club complex, including indoor and outdoor social, recreational, dining, and service facilities; golf course maintenance facilities. 2. Permitted Accessory Uses and Structures: Accessory uses and structures which are customary in golf course and multi-family residential communities; administrative, sales and rental offices, which offices may be located in temporary or permanent structures; access control gates at points of residential street connection with Valewood Drive. b. Development Standards: 1. Residential Areas: a) Minimum building setback from street; 50 ft. from back of curb for 3- or 4- story multi-family structures; 40 ft. from back of curb for 2-story single family or multi-family structures; 30 ft. from back of curb of 1-story single family or multi-family structures; 20 ft. from back of curb for garages and other accessory structures, whether freestanding or attached to a residence. b) Minimum setbacks of structures from golf course: None c) Minimum separation between adjoining 1-and/or 2-story structures: 8 ft. d) Minimum separation between a principal structure and its accessory structures: 5 ft. unless structurally joined. e) Minimum separation between accessory structures: 5 ft. unless structurally joined. f) Minimum side yards for all other circumstances other than between adjoining 1-and/or 2-story structures: One-half the building height, but not less than 15 ft. g) Maximum building height: Four living floors -4- 9/1212005~ 156358 Ver: 03!- BTyson CA#4' N0515-026-OQO- ESBM- 29451 9/1212005- 156358 Ver: 03!. STyson CA.., N0515-026-OOo- ESBM- 29451 Agenda Item No. SA October 11, 2005 Page 13 of 172 h) Minimum dwelling unit floor area: 1,000 sq. ft. i) Minimum offstreet parking spaces: 2 spaces per dwelling unit. j) In the case of cluster buildings with a common architectural theme, the above distances may be reduced provided the site plan is approved by the Community Development Director. 2. Golf Course and Golf Club Areas: a) Maximum golf club building height: 2 stories. b) Minimum separation between clubhouse and street: 75 ft. from back of curb. c) Minimum separation between tennis courts or other recreational equipment from back of curb: 25 ft. d) Minimum separation between a community swimming pool or community recreation structure and street: 25 ft. from back of curb. e) Minimum separation between clubhouse, other recreation building, pool, tennis court, or other recreation equipment and a residential structure: 25 ft. -5- Agenda Item No. 8A October 11 , 2005 Page 14 of 172 3.2 TEMPORARY SEWAGE TREATMENT SITE: FUTURE RESIDENTIAL AND/OR COMMUNITY FACILITIES AREA. a. Permitted Uses and Structures: 1. Permitted Principal Uses and Structures: Temporary sewage treatment plant; attached and detached single-family structures; and multi-family dwellings. 2. Permitted Conditional Uses and Structures: The following uses listed under Section 2.2.19, Community Facility District, of the Collier County Land Development Code: child care centers, churches and houses of worship, civic and cultural facilities, museums, nursing homes and adult congregate living facilities (ACLFs) in accordance with Section 2.6.26, Location Requirements for Group Housing, of the Collier County Land Development Code and Policy 5.8 of the Future Land Use Element of the Collier County Growth Management Plan, parks and playgrounds, non-commercial recreation facilities; open space uses, tennis facilities, community centers, private clubs, and social and fraternal organizations; and residential facilities for elderly persons in accordance with Policy 5.8 of the Future Land Use Element of the Collier County Growth Management Plan. 3. Permitted Accessory Uses and Structures: Accessory uses and structures which are customary in multi-family residential communities; and in association with community facilities; administrative, sales and rental offices, which offices may be located in temporary or permanent structures; access control gates at points of residential street connection with Valewood Drive. b. Development Standards: 9/12/2005- 156358 Ver. 03'~ BTyson CA#4' N0515-02S-00o- ESBM- 29451 For residential development, as required by the development standards listed under Paragraph 3.1 b, Section III, Permitted Uses and Development Standards, of the Quail II PUD Document; for permitted community facilities development, as required by the development standards listed under Section 2.2.19, Community Facility District, of the Collier County Land Development Code; for residential facilities for elderly persons, in accordance with Policy 5.8 of the Future Land Use Element of the Collier County Growth Management Plan, as established during the Site Development Plan approval process, however, no building shall be higher than 30 ft. in height. -6- Agenda Item No. 8A October 11 , 2005 Page 15 of 172 3.3 COMMERCIAL AREAS a. Permitted Uses and Structures: 1. Permitted Principal Uses and Structures: Commercial uses as listed in the C-3, Commercial Intermediate District, provided that automobile service stations may incorporate convenience food and beverage sales and mechanical car wash facilities. Automobile service stations shall otherwise comply with the standards set forth in Section 2.6.28. of the Collier County Land Development Code. Residential facilities for elderly persons in accordance with Policy 5.8 of the Future Land Use Element of the Collier County Growth Management Plan are permitted. Nursing homes and adult congregate living facilities (ACLFs) in accordance with Section 2.6.26, Location Requirements for Group Housing, of the Collier County Land Development Code and Policy 5.8 of the Future Land Use Element of the Collier County Growth Management Plan are also permitted. 2. Permitted Accessory Uses and Structures: Accessory uses and structures which are customary in commercial areas; administrative, sales and rental offices, which offices may be located in temporary or permanent structures; access control gates at points of residential street connection with Valewood Drive. b. Development Standards: Yard requirements, building height, minimum building floor area, landscape requirements, signs, lights, and related development features shall be subject to development plan approval as set forth in Division 3.3 of the Collier County Land Development Code. The C-3, Commercial Intermediate District, regulations shall be the controlling standards used to determine whether or not development plan approval shall be granted. -7- Agenda Item No. 8A October 11, 2005 Page 16 of 172 3.4 RESIDENTIAL R-1 DISTRICT 2.:. Establishment of R-1 District 1. This district is formed within the Quail II PUD to establish development reaulations for development Tract R-1 as shown on the PUD Master Plan. The intent is to provide development reaulations for the proiect area that are consistent with Collier County's development reaulations. The oriainal PUD zonina for this tract was commercial and the conversion of this tract to residential use will increase the maximum number of residential units within Quail II PUD from 360 residential units to 512 residential units. b. Leaal Description L Lots 10 and 11, Quail Creek Plaza, Phase 2. accordina to the Plat thereof. recorded in Plat Book 18. paae 71. Public Records of Collier County. Florida. And Tract B, Quail Creek Plaza, Phase 1. accordina to the Plat thereof recorded in Plat Book 15, paae 73. Public Records of Collier County. Florida. less and except that portion thereof. comprisina of Quail Creek Plaza Phase 2. accordina to the Plat thereof. recorded in Plat Book 18, paae 71. of the Public Records of Collier County. Florida. and less & except a rectanaular parcel of land 93.04 feet in North-South dimensions and 225.23 feet in East- West dimensions, and totally abuttina on its South side the north boundary of Lot 15. and the north boundary of the west 40 feet of Lot 14. both lots 14 and 15, beina in Quail Creek Plaza. Phase 2. accordina to the Plat thereof recorded in Plat Book 18. paae 71. of the Public Records of Collier County. Florida. c. Proiect Development L Land Uses 1. Residential multi-familv uses shown on the Quail II PUD Master Plan. fl Proiect Density The total acreaae of the R-1 District is approximately 21.74 acres. The maximum number of residential units to be built on the total acreaae is 152. The number of dwellina units per aross acre is 7 in the R-1 District. -8- Agenda Item No. 8A October 11. 2005 Page 17of172 e. Development of Schedule and Sequence The developer will construct the proiect in one phase. L Collier County Site Development Plan The review and approval of site development plans shall follow the desian and development standards of the Collier County LDC in effect at the time of SDP application. 9.:. Dedication and Maintenance of Facilities Roads and other infrastructure may be either public or private. dependina on location. capacity. and desian. The developer shall create appropriate condominium associations or identify other entities that will be responsible for maintainina the roads, streets, drainaQe, water. and sewer improvements where such systems are not dedicated to the County. h. Model Units 1:. Model units shall be permitted within this proiect subiect to the followina provisions: L. Models may not be utilized as "sales offices" without approval by and throuah the SDP process. The SDP process shall not be required for dry models. lL. Temporary access and utility easements shall be provided for temporary service to model units. iii. Sales. marketina, and administrative functions are permitted to occur in desianated model units within the proiect only as provided herein. L. Sales Centers 1:. Sales centers may be constructed and will follow the review and approval requirements of the SDP process. Access to the sales center shall be provided by a paved road or temporary driveway which meets applicable County standards as determined by the County Enaineer. A water manaQement plan shall be provided which accommodates the run-off from the sales center, the required parkina and access road/driveway and any other impervious surfaces. 2. At the time of buildina permit application for the sales center, a temporary use permit shall be obtained. Sales centers may not be occupied until a Certificate of Occupancy is issued. -9- 4/12/2005. 147275 Ver. 03!- CWARD CA#43 N051S-026-OOo. . 0 Agenda Item No. SA October 11, 2005 Page 18 of 172 1. Development Standards The standards for the construction of all proiect infrastructure. such as. but not limited to roads, utilities, wastewater treatment, water manaaement facilities. and other site improvements such as but not limited to clearina. aradina. excavation. landscapina and all similar types of site improvements. except for habitable buildinqs and structures. shall meet the minimum standards set forth by Collier County in the applicable ordinance or reaulation in effect at the time of SDP application. The standards and development permit procedures for all habitable structures shall be in accordance the County requirements in effect at the time of buildina permit application. k. Impact Fees Development within the proiect shall be subiect to all lawfully adopted impact fees in effect at the time of SDP application. I. Residential R-1 District 1. Purpose The purpose of this paraaraph is to set forth the reaulations for the areas desiqnated as "R-1" on the Quail II PUD Master Plan. 2. Maximum Residential Units A maximum number of 152 residential units may be constructed on lands desianated as "R-1 ". 3. General Description Areas desiqnated as "R-1" on the Master Land Use Plan are desiqned to accommodate multi-family residential dwellina types. Residential tracts are desianed to accommodate internal roadways. 4. Permitted Principal Uses and Structures i. Townhouses. multi-family dwellinas, and recreation facilities. ii. Water manaqement facilities. Lakes. includina lakes with seawall and other types of architectural bank treatment. -10- PUDA-2005-AR-7152. PUD Document, 8-10-05 Agenda Item No. 8A October 11, 2005 Page 19 of 172 iii. Open space recreational activities, and similar uses. includina but not limited to shuffleboard courts, tennis courts, swimmina pools, playaround, picnic areas and other types of facilities intended for outdoor recreation. m. Permitted Accessory Uses and Structures .1. Accessory uses and structures customarily associated with uses permitted in multi-family residential districts. ~ Gatehouses n. Development Standards Standards for parkina, landscapina, sians, aatehouses, entrance aates and other uses not specified herein are to be in accordance with Collier County LDC in effect at the time of SDP application. Front yard setbacks shall be measured as follows: .1. If the parcel is served by a County dedicated public riaht-of-way, the setback of buildinas or structures adiacent to the riaht-of-way is measured from the existina riaht-of-way line. 2. If the buildinas or structures are served from a private drive. the setback is measured from the back of curb or edae of pavement, whichever is closer to the structure. o. Gated Community This 21.74 acre parcel of land will be a aated community. fL Recreation Facilities Recreation facilities within the development shall be centrally located toward the middle of the property. 9.:. Garaaes Each residential dwellina unit shall have a two (2)-car aaraae. L. Roofina Materials Asphalt shinales are prohibited as a roofina material throuahout the development. -11- PUDA-2005-AR-7152, PUD Document, 8-10-05 Agenda Item No. 8A October 11 , 2005 Page 20 of 172 s. Developer Commitments In addition to the PUD requirements, the proiect's developer is committed to place the followina items in the proiect's Condominium Documents, Declaration of Codes Covenants, Conditions and Restrictions, or other appropriate Home Owner's association documents: i. The development will contribute its proportional share (12%) for lake maintenance for stormwater manaQement to Lonashore Lake Foundation. ii. Leasina of anv condominium shall be subiect to the followina time periods: All leases shall be for a period of ninety (90) consecutive days. No residential unit may be rented for more than three (3) times in any calendar year. iii. The proiect will be an equal partner (1/5) in the Valewood Drive Landscape Maintenance Aareement. -12- PUDA-2005-AR-7152, PUD Document, 8-10-05 Agenda Item No. 8A October 11, 2005 Page 21 of 172 Development Standards R-1 Residential Multi-Family Areas Cateaorv Dimensional Reauirement Minimum Site Area 1 Acre Site Width - Minimum Averaae 150 Feet Site Deoth - Minimum Averaae 150 Feet Setbacks Valewood Drive 50 Feet East Boundary 50 Feet Internal Drives 20 Feet Commercial Tract 20 Feet Side Yard Setback "Y2 The Heiaht of the PrinciDal Structure Rear Yard Setback - Princinal Structure 20 Feet Rear Yard Setback - Accessorv Structure 10 Feet Maximum Buildina Heiaht Two (2) stories or 35 feet abuttina Lonashore Lake PUD and Valewood Drive. Three (3) stories or 45 feet elsewhere. Distance Between Princinal Structures 15' *1 - 1 storv 25' *1 - 2-3 stories Minimum Buildina Area 1600 snuare feet (air-conditioned) *1 or"Y2 the sum of the adiacent buildinas, whichever is areater. 3.5 GENERAL DEVELOPMENT COMMITMENTS The purpose of this paraaraph is to set forth the development commitments of the proiect. a. PUD MASTER PLAN The PUD Master Plan is an illustrative plan. All necessary easements, dedications, or other instruments shall be aranted to insure the continued operation and maintenance of all service utilities. b. ENVIRONMENTAL Petitioner shall obtain all necessary local, state and federal permits. Development shall proceed in accordance with the contents of this Document. applicable sections of the Growth Manaaement Plan and the reaulations in the Collier County LDC in effect at the time of issuance of any development orders to which said reaulations relate, such as, but not limited to final site development plan, excavation permit and preliminary work authorization. Where these reaulations fail to provide development standards, the provisions of the most similar district in the Land Development Code shall apply. Environmental permittina is not anticipated. However, if reauired, environmental permittina shall be in accordance with the State of Florida Environmental Resource Permit Rules, as well as the U.S. Army Corps of Enaineers Section 404 permittina proaram. -13- PUDA-2005-AR-7152, PUD Document, 8-10-05 Agenda Item No. 8A October 11, 2005 Page 22 of 172 An exotic vegetation eradication, monitoring, and maintenance (exotic free) plan for the site shall be submitted to Community Development and Environmental Services (CDES) Environmental Staff for review and approval prior to final SDP approval. ~ WATER MANAGEMENT Detailed paving, grading, and site drainage plans shall be submitted as part of the SDP application. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is Qranted by CDES Engineering Services Department. The property is the subiect of South Florida Water Management District Permit Number 11-00420-S. This permit allows for the stormwater flows from this property to exit to the east through an existing pipinQ system to the Longshore Lake Proiect. According to the permit. no stormwater retention is needed on this property. Final permitting will require a modification to this Permit to describe the new development and its proposed stormwater management system. All agreements regarding control elevations or discharge rates shall be made with SFWMD/Big Cypress Basin. sL. TRANSPORTATION .L 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. ~ Arterial level street lighting shall be provided at all access points. Access IiQhting shall be in place prior to the issuance of the first Certificate of Occupancy (CO). 3. Access points, including both driveways and proposed streets, shown on the PUD Master Plan are considered to be conceptual. NothinQ depicted on any such Master Plan shall vest any right of access at any specific point along any property frontaQe. All such access issues shall be approved or denied during the review of required subsequent SDP 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. -14- PUDA-2005-AR-7152, PUD Document, 8-10-05 Agenda Item No. 8A October 11, 2005 Page 23 of 172 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 PUD amendment is processed. 4. Site- related improvements (as opposed to system-related improvements) necessary for safe inqress and eqress to this proiect as determined by Collier County Transportation Division. shall not be eliqible for impact fee credits. All required improvements shall be in place and available to the pubic prior to the issuance of the first CO. Q.. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as amended, and Chapter 74 of the Code of Laws & Ordinances as amended. 6. All work within Collier County riqhts-of-way or public easements shall require a riqht-of-way permit. 7. All proposed median openinq locations shall be in accordance with the Collier County Access Manaaement Policy (Resolution 01-247), as it may be amended, and the LDC. as it may be amended. Collier County reserves the riaht to modify or close any median openina existina at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of of the public. Any such modifications shall be based on, but are not limited to. safety. operational circulation, and roadway capacity. !L Nothinq in any development order shall vest a riqht of access in excess of a riaht in/riqht out condition at any access point. Neither shall the existence of a point of inaress, a point of earess. a median openina. nor the lack thereof. be the basis for any future cause of action for damaaes aaainst the County by the developer. its successor in title. or assianee. ~ All internal roads, driveway, alleys. pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer. Collier County shall have no responsibility for maintenance of any such facilities. e. UTILITIES The water distribution system and appurtenant facilities to serve the project are to be desianed. constructed. conveyed, owned and maintained pursuant to the requirements of Collier County. The sewaqe collection, transmission and disposal facilities to serve the project are to be desiqned. constructed, conveyed. owned and maintained pursuant to the requirements of Collier County. L SIGNAGE All County siqn reaulations shall apply unless such requlations are in conflict with the conditions set forth in this section. -15- PUDA-2005-AR-7152, PUD Document, 8-10-05 Agenda Item No. 8A October 11, 2005 Page 24 of 172 For the purpose of this PUD. each platted parcel shall be considered a separate parcel of land and shall be entitled to any sian as permitted herein. All sians shall be located so as not to cause siaht distance problems. A maximum of four (4) proiect sians shall be permitted. Two (2) sians shall be located alona Valewood Drive and two (2) at the intersection of Executive and Commercial Drives per LDC 5.06.04. 9.:. ENGINEERING Detailed pavina. aradina. and site drainaae plans shall be submitted as part of the SDP application. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is aranted by CDES. Desian and construction of all improvements shall be subiect to compliance with appropriate provisions of the Collier County Ordinances reaulatina land development. !:1. LANDSCAPING Landscape architectural plans shall be submitted as part of the SDP filina. Up to one-half (1/2) or seven and one-half feet a.5') of the fifteen foot (15') Collier County Drainaae Easement that runs parallel to and twenty feet (20') west of the east property boundary may be used to satisfy the landscape buffer reauirements of Section 4 of the LDC. A six (6') foot to eiaht (8') foot hiah wall of fence with a minimum (6) foot off-set from the property line and meetina the reauirements of LDC Section 5.03.02.E of the LDC shall be installed alona the residential-commercial boundary. Trees shall be planted 30 feet on-center on the commercial side of the wall or fence with a hedae on both sides of the wall planted at 3D-inch heiahts and three (3') feet on- center. The Lonashore Lake wall on the East Side of Valewood Villaae has a aap at Valewood Villaaes' far northeast corner. This aap shall be filled with a new wall. matchina the existina Lonashore Lake walls' heiaht. buildina materials and color constructed by the Valewood Villaae developer. The Landscape buffer alona the east. north and west property lines shall contain trees with a minimum heiaht of 12 feet or the tree heiaht shall be one-half of the adiacent buildina heiaht. which ever is areater. -16- PUDA-2005-AR-7152, PUD Document, 8-10-05 Agenda Item No. 8A October 11, 2005 Page 25 of 172 SECTION IV GENERAL DEVELOPMENT COMMITMENTS 4.1 TRAFFIC IMPROVEMENTS a. The developer shall provide separate left and right turn storage lanes on Immokalee Road at the eastern entrance to the commercial area. b. The developer or his successor in title shall make a fair share contribution toward the capital cost of traffic signals at either or both access points to SR 846, when deemed warranted by the County Engineer. The signals will be owned, operated, and maintained by Collier County. c. Lakes shall have a minimum separation of 100 ft. between top of bank and the nearest street right of way, or shall be separated from the nearest street by an approved physical barrier. i. Space shall be reserved to permit a future minor street connection between Valewood Drive and lands to the east, provided, however, that such street connection may not be the principal access pOint to lands to the east unless such principal access is authorized by the Quail Creek/Quail II development organization. 4.2 UTILITIES a. All on-site and off-site utility facilities constructed by the developer in connection with the development shall be constructed to County standards at no cost to the County and shall be deeded to the County Water-Sewer District in accordance with applicable County ordinances and regulations. b. All customer connections to the sanitary sewer and water distribution facilities will be customers of the County Water-Sewer District and will be billed in accordance with a County approved rate structure. -17- PUDA-2005-AR-7152, PUD Document, 8-10-05 Agenda Item No. 8A October 11, 2005 Page 26 of 172 c. All construction plans and technical specifications for the proposed utility facilities must be reviewed and approved by the Utility Division prior to commencement of construction. d. As proposed, the rights-of-way within the project will be privately owned and maintained. Appropriate utility easements dedicated to the county Water-Sewer District must be provided for the proposed water and sewer facilities to be constructed. e. All construction on the proposed sanitary sewer system shall utilize proper methods and materials to insure watertight conditions. f. Data required under County Ordinance No. 80-112 must be submitted and approval granted prior to approval of the construction documents for the project. Submit a copy of the approved DER permit application for the sewage collection and transmission system and a copy of the approved DER permit application and operating permit for the wastewater treatment facility to be utilized, along with the data required for Ordinance No. 80-112. g. All construction plans and technical specifications for the plant relocation, transfer pump station, force main and pump design data must be reviewed and approved by the Utility Division prior to commencement of construction. h. Additional Conditions: e) If required by applicable County Ordinance, connection to the County's Central Water and Sewer facilities will be made by the owners, their assigns or successors, at no cost to the County or the County Water-Sewer District, within 90 days after such facilities become available. f) The owners, their assigns or successors shall pay all system development charges at the time that building permits or connections to the County's Central Water and Sewer facilities are requested, whichever is applicable, pursuant to the appropriate County Ordinances and Regulations in effect at the time of permit or connection request. Note: The above utilities related requirements are extracted from Utilities Manager, I. R. Berzon's memo of May 10, 1982 to Mary Lee Kirchoff, Planning Department. The requirements are intended to represent current County Utilities policy. In the event that County policy or ordinances regarding utilities are modified, the modified policy and/or ordinance requirements shall be applicable. In the event that a water and/or sewer franchise is granted to the Quail Creek Developers or their successors or assigns, requirements set forth in the franchise documents shall be controlling where they are at variance with the above listed policy requirements. -18- PUDA-2005-AR-7152, PUD Document, 8-10-05 Agenda Item No. 8A October 11, 2005 Page 27 of 172 4.3 WATER MANAGEMENT a. A detailed water management plan shall be submitted to the County Engineer for approval prior to the start of any construction. b. .^. weir control structure sh311 Be provioed by the oe\/elo!')er on tho ~roject outfoll canal n03r the Immokaloo Road can3!. c. The Immokaloo R03d can31 shall be impro\.'od along tho entire southerly boundary of tho QU3i111 projoot. !2.Jr.--Maintenance of the outflow canal 3nd tho v.'oir within it shall be a continuing responsibility of the Quail Creek and/or Quail II organizational entities. 4.4 POLLING PLACES Pursuant to Section 2.6.30 of the Collier County Land Development Code, prOVISion shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including homeowners' associations or tenants' associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 4.5 PUD MONITORING An annual monitoring report shall be submitted pursuant to Subsection 2.7.3.6 of the Collier County Land Development Code. -19- PUDA-2005-AR-7152, PUD Document, 8-10-05 <tlDN 1 coot- i .0..- ant) .IlIJHOO, ClNV SU'o'J5i limo woo ON>+- Z ,0 $I E~~ :s $a;m W J - -Cl 0) mom "DuCL j a30 i /- 0) I <t ~ "3 .ti ~ I i ~ ~ .; ; , H . r <i i ~ ~ ~ zw I ~~ I i2 Q.. 0::. e a: vi ~ S w~ I-c.; ~ ~~ s: <{. l:; ~~ !i: o.~ ;. ~- Q..J: -Ii: .... ~ ~ =0 ...Jg l!l S <{t: i1i is ~.f .. " 0<( COMMERCIAl. _.: IMMOKALeE KOAP j 11 n ~~I d.p s~"', .!I:(l! ll"'- ::I;e .il <(,,\Ii "'~"l! ~H ><0: Attachment "1" Agenda Item No SA October 11. 2005 Page 29 of 172 ORDINANCE NO. 05- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULA T10NS FOR THE UN IN CORPORA TED 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 PLANNED UNIT DEVELOPMENT (PUD) TO PLANNED UNIT DEVELOPMENT (PUD) KNOWN AS THE QUAIL II PUD, TO CHANGE A TRACT DESIGNATION FROM COMMERCIAL TO MULTI- FAMILY RESIDENTIAL, FOR A MAXIMUM OF 152 ADDITIONAL DWELLING UNITS, FOR PROPERTY LOCATED IN SECTION 20, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 21.74 ACRES; PROVIDING FOR THE PARTIAL REPEAL OF ORDINANCE NUMBER 92-41, THE EXISTING QUAIL II PUD ORDINANCE; AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Valewood Properties, LLC, represented by Bruce E. Tyson, AICP, of WilsonMiller, Inc., has 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 COMMlSSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 20, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD," in accordance with the additions and deletions to Ordinance Number 92-41, the Quail II 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 92-41, known as the Quail II PUD, adopted on June 16, 1992, 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 Quail II PUD Words stnlsll tHroUgH are deleted; words underlined are added. Page 1 of 2 Agenda Item No. SA October 11. 2005 Page 30 of 172 Document attached hereto as Exhibit "A". All other provisions of Ordinance Number 92-41 shall remain in full force and effect. SECTION THREE: This Ordinance shall become effective upon filing with the Florida 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: Marjorie M. Student-Stirling Assistant County Attorney PUDA-2005-AR-7152/HW isp Words etnlsk thre1:lgl:1 are deleted; words underlined are added. Page 2 of 2 Agenda Item No. 8A . .....--.---------Oetobern41,-2005 AGENDA fmM 8!-Cof 172 eo'lflr County . . - -- ----. ~ .- ~ - SUPPLEMENTAL STAFF REPORT TO: COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW '- COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE: SEPTEMBER 1, 2005 RE: PETITION: PUDA-2005-AR-7152, QUAIL II PUD SUPPLEMENTAL STAFF REPORT SUPPLEMENTAL ANALYSIS: The Collier County Planning Commission was originally scheduled to hear the proposed Quail II PUD Amendment at its August 4th, 2005 meeting. The petition was first continued to the August 18, 2005 meeting at the request of concerned residents who wanted to arrange to attend the hearing. The second continuance request was made by applicant. The agent met with representatives of the Quail Creek Estates and Country Club on August 17t1:J. and wanted to have time to respond to concerns raised in that meeting prior to the public hearing. The petitioner requested that the item be heard at the September 1 st, 2005 Planning Commission meeting. If any alterations to the PUD document are proposed as a result of further analysis by the applicant these will be presented at the public hearing. The Department of Zoning and Land Development Review Staff recommendation remains the same. Analysis indicates that this PUD is consistent with the Growth Management Plan and is compatible with the surrounding neighborhood. Staff recommends that the Planning Commission forward the Quail II PUD Amendment, petition PUDA-2005-AR-7152, to the Board of County Commissioners with a recommendation of approval. ATTACHED INFORMATION: The Staff Report prepared for the August 18, 2005 Planning Commission meeting is attached. In addition, a Supplemental Public Correspondence packet is attached containing letters and information that were received after the petition packet was printed. PREPARED BY: ~~ HEIDI K. Wll.IlAMS, P~CIP AL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: OWS, ZONING MANAGER DEPAR NT OF ZONING AND LAND DEVELOPMENT REVIEW ~~ ~SAN MURRAY, AICP, DIRECTOR DEPARTMENT OF ZONING AND .- LAND DEVELOP:MENT REVIEW APPROVED BY: Petition PUDA-2005-AR-7152 COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN 2 64tj/05 DA E D:L1/0b <{-/9-0S- DATE $(is- DA DATE Agenda Item No. 8A Getober 11 i 2005 Page 32 of 172 AGENrlX~ll~O. SA .-.. ...._-_.__._.~~P1t,- 2005 Page 33 of 172 Co.r County ~~~ - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEP ARlMENT OF ZONING & LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DMSION HEARING DATE: AUGUST 18,2005 SUBJECT: PETITION PUDA-2005-AR-7152; QUAIL IT PUD AGENT/APPLICANT: OWNER: Valewood Properties, LLC 9130 Corsea del Fontana Naples, FL 34109 AGENT: Bruce Tyson, AICP WilsonMiller, Inc. 3200 Bailey Lane Naples, FL 34105 REQUESTED ACTION: The petitioner is requesting an amendment to the 194.34-acre Quail IT Planned Unit Development (PUD). This PUD Amendment proposes to change the tract designation of 21.74 acres ofland from commercial to multi-family residential, providing development standards and commitments under a new section of the PUD document. GEOGRAPIDC LOCA nON: The subject PUD is located on the north side of Inimokalee Road (CR 846), approximately one- half mile east ofI-75, in Section 20, Township 48 South, Range 26 East, Collier County, Florida. (See illustration on following page) PUDA-2005-AR-7152, Quail II PUD . ,r 0.. <( ::E W I- - (j) C'i III .... ,.. I IX 0( I III Q Q N I 0( naOL_ / ~ 0 - ::l Do .... z I -~ _'In) 0 I L E D I ~ I s t:l " iN ... ~i w ~ ~i Do I I !Sl 0.. Ii- I = II R ;;11 <( I "Iii . liii ::E ---. ~ D I. z z g i~ Ii e lie C n II ~ ~;i Il~i - ~ I I I- <( II t) ... M._ II II 811 C ! . III UI Ih iti ... ...J Sa: I II = ~I '" ""0 ~"IJ.IlDQll't' tn..u IlJll:) ..,>U - 0- . o ..n , o i . .. '1 ~ . .R . I .. I: 'z .l :5 iii I .0 .... II . a.. ~ 3 a: .. I w 'IF t- eL. en ~.' ~ :E 0 I .... a .j ::> u. i a. ..x . I - -' - O' d s: <( l :J 0 ~I. . I i . I - I .-... ~"". _~ MI .: t..llJJ,NJ.lW!S!!'~ 1 J . Ii hi .' Ii! ili .4ii in Agenda Item No. SA . October 11, 2005 Page 35 of 172. ! J 1 - CURRENT MASTER PLAN Attachment "1" arm AHlNno::> (]NYS3J.'lf~"lI_~ 'I'lf.!l~ i v' w l:! ::J 8 ~ g .. U\ I :- i 5 ~ w o ~ zu.i ::5~ ~ w l2 c..~ 8 0 cx:::V; ~ S w~ Cl I-a; ~ ~~ ~ ... 0 ~~~ !i: Cl o ,~ Ii! ~ ;:)~ c..V'l .i ::0 ~ w l:! ...Js :;) 0 8 -.- ~ S <3:1:: ;:)tf Cl 0< I . 1 J J . .. . J I f;;1I ~;; 1=;; ~ .~ i5i ~ h~" "~ ~.." Agenda Item No. '8A "October 11, 2005 Page 36 of 172 PROPOSED MASTER PLM ...J < i= z.... ~~ - "'0 ~ lt~ c::: ::J:::l ~o T~ ! COMMERCIAL lL......:t. COMMERCIAL , 00' CANAl RIGHT OF WAY _..: IMMOKALEE ROAD. -_ tl i ~ ! ~.9 c= ~~ ... , c u ~.E , i ~~ ~ i u .- ~ = ~oll-: ~s~ oll:l::E ~ij ~~~ Jl .......1.. .~ " :j :1 ~ , y ~ 'i'i .~ j ;~; c; " ":t> ~~ .. ~ ; ~ .. .j AH-o::a,.hrnc.n-r U I " Agenda Item No. 8A October 11, 2005 Page 37 of 172 PURPOSE/DESCRIPTION OF PROJECT: The purpose of this petition is to amend the PUD to add 260 multi-family residential units on a 21.74-acre tract of land originally intended to be developed with 230,000 square feet of commercial uses. If this amendment is approved, the maximum number of residential units will increase from 360 units to a maximum of 620 units. This change will also result in an increase in the residential density from 1.9 units per acre to 3.2 units per acre. The PUD document provides development standards, including a maximum density of 12 units per acre on the converted 21.74-acre tract. SURROUNDING LAND USE AND ZONING: Subject Parcel: The parcel is an undeveloped, cleared field, with a row of maleleuca trees along the western edge. Surrounding - North: East: South: West: Valewood Drive/Golf Course, zoned Quail IT PUD Residential, zoned Longshore Lakes PUD Commercial/Office, zoned Quail IT PUD Valewood Drive/Residential, zoned Quail IT 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 (PLUM) 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 of the Future Land Use Element's (FLUE's) density rating system (DRS). Density may not exceed 16 units per acre. Under the FLUE Density Rating System, the subject property qualifies for up to 16 units per acre. The petitioner is requesting 260 dwelling units (du) and indicates this yields approximately 12 du/a. However, staff finds that the actual requested density is closer to 11.9 units per acre. At a density of 12 units per acre, the petitioner could request 1 additional unit (for a total of 261 dwelling units). The Density Rating System analysis for the proposed PUD rezone is as follows: 4 du/a Base Density +3 du/a proximity to mixed-use activity center (at Immokalee Road and 1-75) Up to 16 units per acre for conversion of commercial zoning 16 dulacre PUDA-2005-AR-7152, Quail II PUD 3 Agenda Item No. eA October ii, 2005 Page 38 of 172 Staff notes that the Density Rating System would allow the petitioner to request the full 16 units per acre. Were the petitioner to do so, the subject property could generate approximately 348 units. The 260 dwelling units requested by the petitioner would bring the approved number of units within the PUD from 360 to 620. The entire Quail IT PUD encompasses approximately 194.34 acres. The current gross residential density is approximately 2.14 duJacre. The petitioner's request would bring the gross density to approximately 3.19 units per acre. Transportation Element: The Transportation. Department has reviewed the Traffic Impact Statement (Exhibit "C") provided by the applicant, who has determined that the proposed amendment is projected to decrease the site-generated trips if rezoned from commerciai to residential use. The average weekday traffic for the currently'permitted commercial tract is 2,533 trips. The proposed conversion to allow 260 multi-family dwellings will generate 1,446 weekday trips. This results in a reduction of 1,087 trips on a weekday. This petition is found to be consistent with Policies 5.1 and 5.2 of the Transportation Element of the Growth Management Plan. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable deterInination 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 uses 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 and approved the proposed change subject to the revisions to the .PUD document. The petition was not heard by the Environmental Advisory Council because there are no wetland impacts or listed species impacts from the petition. Transportation Department Review: The Transportation Department has recommended approval subject to the commitments listed in Section 3.5.d of the PUD document. Zoning and Land Develooment Review Analvsis: Staff analysis of the proposed amendment to the Quail II PUD finds that the requested changes are consistent with Section 10.03.05.0 of the Land Development Code. Specifically, the proposed uses are consistent with the Growth Management Plan, the existing land use pattern should not be adversely impacted, and adequate public facilities are currently being provided for the PUD. The proposed changes will 'not adversely influence living conditions in the neighborhood. PUDA-2005-AR-7152, Quail IT PUD 4 Agenda Item No. 8A October 11, 2005 Page 39 of 172 Traditionally, commercial development is considered a more intense use of land than multi- family residential. Traffic to and from the site, water and sewer rates, and floor area ratio of development tend to be greater for the average commercial development. The intersection of Immokalee Road (CR 846) and Valewood Drive is the oilly access point currently available to residents in Quail Creek Village, Quail Creek Estates and Longshore Lakes, as well as for people going to and from the Quail Creek Country Club. For this reason, congestion at the traffic light at the intersection is a factor in development of the subject site. Staff contends that a commercial development would overburden the intersection to a greater degree than the proposed multi- family residential project. As noted on the attached TIS; the proposed change from commercial to residential uses will result in 1,087 fewer trips on Immokalee Road. The proposed density for the entire PUD is 3.19 units per acre, and is consistent with the Density Rating System of the Growth Management Plan. The proposed density of 12 units per acre on the converted 21.7 4-acre commercial tract is related to the Growth Management Plan provision for a density bonus for properties that convert commercial acreage to residential acreage. The property is also located within a residential density band, but this is not used to justify the application. Surrounding residents have concern over the density proposed. Prom a planning perspective, multi-family residential is often used as a transitional use between the more intense commercial uses and lesser intense single-family residential uses. On the south side of the proposed amendment area, there would remain commercial lots on both sides of Executive Drive. These are currently developed with professional offices, including dental and insurance offices, and a proposed mixed retail/office development that is currently undergoing site development plan review. There are undeveloped lots that will be permitted in accordance with the PUD and Land Development Code provisions. The single-family development to the north- west is buff~red by Valewood Drive and a golf course from the proposed multi-family units. There is a new 60-unit multi-family development to the southwest of the amendment site, which is also separated from the subject property by Valewood Drive. Longshore Lakes is located to the east of the amendment site. Single-family lots are separated from the petition site by a drainage canal. These lots will be the most affected by future development of the amendment tract. Multi-f~ly residential development will be more compatible and pose lower impacts to existing single-family homes than commercial uses. To further reduce potential negative impacts of development, and protect residents, the applicant has agreed to supply a 50-foot building setback from both Longshore Lakes and Valewood Drive. The applicant has also agreed to provide the six-foot high wall that is required between commercial and residential sites on the subject property. This wall is usually provided by the commercial developer, but since there are existing uses that were not required to provide a wall, the applicant will build a continuous wall that will ensure a better protective barrier for future residents should the petition be approved. The proposed development standards of the newly created R-l residential tract would be less intense in several ways than the Commercial Intermediate (C-3) zoning district that is used as the standard under the current designation. The required setbacks from adjacent properties are larger and building height has been reduced. The C-3 district allows 50-foot buildings and requires about half the setback proposed for the residential tract. The proposed development standards will contribute to lowering the impact of future development on existing residents. Additionally, water management is all off-site as determined by the existing South Florida Water Management PUDA-2005-AR-7152, Quail II PUD 5 Agenda Item No. SA October 11, 2ob5 Page 40 of 172 District (SFWMD) permit. This would allow units to be spread evenly across the amendment parcel, rather than concentrated in areas not reserved for water management. Community Infrastructure and Services: The subject property is readily accessible to a whole range of community infrastructure that is enhanced by its interface with Immokalee Road. Shopping centers and medical facilities as well as various essential services are all within a short driving distance. Utilities: The Utilities Department has recommended approval of the proposed change from commercial to residential on the subject 21.74-acre tract. This PUD is served by an eight-inch water main and an eight-inch Force Main in Valewood Drive. The project requires a sewer availability letter from the Utilities Division at the time of Site Development Plan review. NEIGHBORHOOD INFORMATION MEETING: Synopsis provided by Linda Bedtelyon, Community Planning Coordinator: The applicant held the required meeting on July 5, 2005 at International College campus, Science Building, room 8-6 at 5:30 P.M. Approximately 85 persons other than the applicant/team and county staff attended. Following a brief presentation by Bruce Tyson of WilsonMiller, Inc., the audience engaged in a question/answer session with the developer, his representatives and County staff. Of those who spoke, a majority said they could not support the density proposed by the developer (260 units). According to statements made by neighboring property owners, there is great concern over the proposed development's traffic impact. Many expressed doubt in the traffic engineering module that determines the road's capacity and ability to support additional traffic. Several also stated concern as to whether or not the existing traffic signal at Immokalee and Valewood will remain when Immokalee Road is widened. A representative of Longshore Lake stated that the community is in favor of the zoning change from commercial to residential. A number of people commented that they would rather have the site remain commercial. Some others said that they would support the residential development if the density was lowered by half. A member of Quail Creek Village stated that they will petition against 260 units. A former member of the County's Productivity Committee advised the neighbors to express their opinions to the Board of County Commissioners. STAFF RECOMMENDATION: That the Collier County Planning CommiSSIon (CCPC) forward a recommendation of approval of Petition PUDA-2003-AR-7152 that partially repeals Ordinance Number 92-41, as described by the Ordinance of Adoption and exhibits thereto, the Quail II PUD regulatory document. PUDA-2005-AR-7152, Quail II PUD 6 PREPARED BY: I ~- -~ .._-~-'" HEIDI K. WILLIAMS, PRINCIPAL PLANNER DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW REVIEWED BY: "~~i.C~;~~ ASSISTANT COUNTY ATTORNEY . ELLOWS, MANAGER NT OF ZONING AND LAND DEVELOPMENT REVIEW ~~~ SUS"AN MURRAY, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DE ELOPMENT REVIEW APPROVED BY: Agenda Item No. 8A October 11, 2005 Page 41 of 172 :q-/?-5!OS I DATE al crt ~ . DATE 'b/410S- I D TE ~/~~s- DATE for the October 11, 2005 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: .. .. .. . :....:.....:.... ~ ............... ...... . . .:~.:.~~.~..:~~~~~ELL A. BUDD, CHAIRMAN .............. .. .. Exhibits: A. Rezone Findings B. PUD Findings C. Traffic Impact Statement PUDA-2005-AR-7152, Quail II PUD 7 DATE Agenda Item No. 8A October 11, 2005 Page 42 of 172 Exhibit "A" REZONE FINDINGS PETmON PUDZ-2005-AR-7152 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 Urban (Urban -Mixed Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map 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. The. subject PUD is located on the north side of Immokalee Road (CR 846), approximately ~ mile east of Interstate 75. The proposed amendment site is bordered by commercial, residential, undeveloped and golf course uses. Staff feels that the proposed multi-family residential will serve as a transition of development intensities between the commercial and single-family residential in this location. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The amendment, if approved, would not create an isolated district. It offers the advantage of removing the intrusion of intense commercial development from a more sedate residential area. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. The subject site is currently designated for commercial development The limited access to Immokalee Road (CR 846) from the Quail II PUD, in conjunction with the distance from the road, and the proximity to single-family housing, makes this an illogical location for commercial uses. The proposed amendment would allow a more logical, transitional use on the amendment property. PUDA-2005-AR-7152, Quail II PUD 8 Agenda Item No. 08A October 11, 2005 Page 43 of 172 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. The Immokalee Road corridor has experienced steady growth. The area is a bridge between. Golden Gate Estates, Orangetree and Immokalee, and 1-75 and regional destinations. The applicant feels that the location is more appropriate for residential development than commercial due to the limited access to the site. The proposed change to residential uses is projected to generate 1,087 fewer weekday vehicular trips. 6. Whether the proposed change will adversely influence living conditions in the neighborhood. Any development of the subj ect 21. 74-acre tract will add traffic to Valewood Drive and Immokalee Road. As noted above, commercial development will generate more vehicular traffic than the proposed residential development. Commercial uses would also have greater impacts of noise and odor on neighboring single-family residences than multi-family residential units would have. Therefore, staff feels that the amendment will be beneficial to 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 this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element of the GMP and was found consistent, a statement advising that this project when .developed will not excessively increase traffic congestion. . The Traffic Impact Statement provided by the applicant discusses the difference between commercial development and residential development. There is a potential reduction to PM peak hour traffic generated if the amendment is approved. 8. Whether the proposed change will create a drainage problem. The Land Development Code ~ecifically 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-7152, Quail II PUD 9 Agenda Item No. 8A October 11, 2005 Page 44 of 172 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 (Le. 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 propos~d change will adversely affect property values in the adjacent area. The development standards within the Quail IT 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. The subject site is surrounded by built-out residential communities, a golf course, and partially built-out commercial lots. These commercial sites continue to seek development approval. The proposed amendment seeks to address any incompatibility with the provision of a six-foot wall along the entire boundary shared with commercial properties. 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. The 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. 13. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning. There is limited access or visibility to the site, which may preclude commercial development appropriate to commercial PR!cels of this size. PUDA-2005-AR-7152, Quail II PUD 10 Agenda Item No. SA October 11 , 2005 Page 45 of 172 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 therefore will not adversely impact the scale, density and overall intensity of land uses deemed to be acceptable throughout 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. It can be argued that the proposed amendment site is an appropriate location for multi- family residential, due to the proximity to the major road network, and as a transition between different uses. 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 cleared except for a row of exotic species trees along the western edge of the site. Any approved development would be required to remove the exotic vegetation. Very little modification would be required to construct according to the proposed standards. 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 has reviewed this petition and has found it consistent with the GMP. 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 thosemconditions. PUDA-2005-AR-7152, Quail II PUD 11 , . Agenda Item No. SA October 11, 2005 Page 46 of 172 Exhibit "B" FINDINGS FOR PUD Ptn)~A-2005-AR-7152 Section 1O.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. These elements are already utilized by the existing development surrounding the subject property. 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 has been found consistent with the goals, objectives .and policies of the GMP. A more detailed description of this conformity is addressed in the Staff Report. 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. The proposed uses are compatible with surrounding properties. Multi-family . residential is an appropriate transition between commercial and single-family sites. Proposed development standards adequately address buffering, building height and setbacks, which will provide protection for neighbors from potential impacts. PUDA-2005-AR-7152, Quailti PUD 12 Agenda Item No. SA October 11, 2005 Page 47 of 172 5. 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. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Utilities are presently provided to other developments in the Quail II PUD, which will also be available to future development on this site. Therefore, the timing or sequence of development is not a significant problem. 7. The ability of the subject property and of surrounding areas to accomm~date expansion. Irnmokalee Road (CR 846) is scheduled for widening, which will address expansion along many parts of the road. The applicant anticipates a reduction in site-generated trips, which will place less strain on the network. 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 the intent of the Land Development Code for this type of development. It seeks to alter certain regulations of the currently adopted PUD document. PlnD~-2005-~-7152,~ilIIPlnD 13 Li o lJ o o o o o o o o o o o o J ....., I .J '.1- :') ~-. l_n Ver: 011. GJONES I ~ NOS c__ ~.~ __ W 1~.........T~2._0 WiI.nMiller' New Directions In Planning, Design & Enginesring Agenda Item No. ,8A PUDA-2005-AR~r 11, 2005 PROJECT#199~48 of 172 DATE: 2/8/05 HEIDI WILLIAMS VALEWOOD VILLAGE PUD AMENDMENT TRAFFIC IMPACT STATEMENT 21.74:f: Acres located in Section 20 Township 48 South, Range 26 East Collier County, Florida Prepared For. J.E.D. of Southwest Florida, Inc. 9130 Corsea del Fontana Way Naples, FL 34109 Prepared By: WilsOnMiller .. New Directions In Plannino, Design & Engineering Wilson Professional Center 3200 Bailey Lane, Suite 200 Naples, FL 34105 January, 2005 Exhibit "e" OffIces strategically located to serve our clients 800.649.4336 wll80nmlller.com i ....1 ! l \ , I I . l J 1 \ ! : U I , i: , . "__S I , j ; ',..j ! i ~_ ,.i ( ! ! ! L~ 1110120050 148792 "'or: 011- GJONeS c-. N0515-<lZ6-<JOO. TSN>_ 275020 Table of Contents · Project location & Description .................................. 1 · Trip Generation ..........................................................1 · Site Access & Project Trip Distribution .................... 1 · Area of Influence ......................................................... 5 · Arterial/Collector level of Service Analysis .............7 · Intersection level of Service Analysis ..................... 11 · Conclusions & Recommendations ...........................13 · Appendix A - ITE Trip Generation ............................14 · Appendix B - Immokalee Rd. at Commercial Dr. ...... 16 · Appendix C - Immokalee Rd. at Valewood Dr. .........23 · Appendix 0 - Immokalee Rd. at Oakes Blvd. ............33 · Appendix E - Immokalee Rd. at Tarpon Bay Blvd. ... 43 Agenda Item No. 8A October 11 , 2005 Page 49 of 172 Agenda Item NO.,8A October 11, 2005 Page 50 of 172 Project Location & Description Site Location. The subject property is an irregularly shaped 21.74 +/- acre parcel on the north side of Immokalee Road east of Oakes Blvd. The parcel is bordered on the north and west by Va/ewood Drive, on the east by the Longshore Lakes PUD, and on the south by Executive Drive. The property is located in Section 20, Township 48 South, Range 28 East. Access to the site is from Valewood Drive and Commercial Drive. The parcel is part of the Quail" PUD and is currently zoned C-3, with a potential capacity for 230,000 square feet of office space. A site location map is shown in Figure 1. Project Description. The site is proposed for residential use with 260 multi-family dwelling units This analysis assumes the project build out will be in 2007. Trip Generation The ITE Trip Generation Report, 7th Ed. was used to estimate the number trips for 260 multi- family dwelling units. For ITE land use code 230, the trip generation characteristics are 88 trips entering, and 44 trips exiting in the peak hour of the 4 p.m. to 6 p.m. period. The existing vested use (230,OOO square feet office) would generate 336 PM peak hour trips. The complete trip generation reports are contained in Appendix A. Table 1 shows the trip generation summary. , -. Table 1 Trip Generation Summary . ( ; I ' 1 I l. " Site Access & Project Trip Distribution r ! I ;, ) { , I ; U Figure 2 indicates the projected distribution of project traffic. Figure 3 shows these percentages applied to the total peak hour project traffic by direction. The distribution of project traffic entering and exiting the site on Valewood Dr. and Commercial Dr. is explained more fully in a later section. The analysis assumes the continuation of the current access availability: a signalized directional median opening at Valewood Dr., and an un-signalized full median opening at Commercial Dr. I ; I ' U { t [ ...--1 i '. I 1/'0/20(I&- '487112 Vr. Oll-GJONEs CMq , L, ' NDG'IS-G~ TSAP- 275D211 .1 Agenda Item No. SA October 11, 2005 Page 51 02172 Figure 1 - Site Location t.., ; UJ '-.... ~ C) ~ a: => u UJ, V') w V') a:: ::> o u u.. -J o ~ w > C2 o o o o ~ -J ~ I.. ex:: wO u..w u..o::: ::>- CD::> ..0 Ll'I UJ ..- 0::: ~ <( - J- Z UJ o - Vl LU cc:: r ; ; ! J J i r \ ) 'r"'" I 0::: \. I ffio u.w LJ...a:: ::>- CD::> .. 0 Ll'I UJ r~ ; I J 1 , 1.-...1 COMMERCIAL I 1 i \.. ., COMMERCIAL 100' CANAL RIGHT OF WAY. .... 1 ....~ 'I a - r - - ~ .~; f L 81112003-124111 Ver: 021- GJONES """'" ~-.OO ~, ~l I IT.... i ! . ..... - IMMOKALEE ROAP,_ ......".....4. ~. ,I' 2 . , i , , f . , . J 1 lJ 1 ) L; ! I L ( I L_. C""l .~ - tn CI> C) ra - c CD u ... CD a.. - tn C NO CI>= ... :::I =.ca .~ 'i: L&.'U) C u e ra ... i- t) CI> '0" ... a.. 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Li ( L, Agenda Item No.' SA October 11, 2005 Page 54 of 172 5 Area of Influence The area of influence is normally defined to be those road segments on which project traffic is expected to exceed a threshold percentage of the peak hour service volume for the road - the threshold determined by whether the road segment is designated as an A, B, or Clink. Table 2 shows the road segments analyzed, their designation, threshold percentage, projected peak hour project traffic parallel to the peak direction of background traffic, service volume, and whether the segment will be "significantly" impacted. If roadway improvements are scheduled to commence construction within three years of the project build out, then their improved capacity is used in the analysis, the year in which construction is funded is shown in the table, and an ' estimated service volume (from the AUIR for a similar roadway segment) is used. Table 2 indicates there are no nearby road segments on which the project traffic will have a significant impact, and that the project's impact is in fact de minimis on most segments. ,;:.,~ At a meeting on November 5. 2004, county staff requested an analysis of Immokalee Rd. from Valewood Drive to Tarpon Bay Blvd., along with PM peak hour analyses of the intersections of Immokalee Rd. with: · Commercial Drive; · Valewood Drive; · Oakes Blvd.; and · Tarpon Bay Blvd. J I J f ' ! I I I I J I , J I J , J ' LJ 11 Lj ~ ~ i } I \. 1 ".. iI ( , I ; t~~ 111~ 124111 Vor: 021- GJONeS CM4> 03OO6-lll>>.oo1. - 00 5 \0 , j ! 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'5 6 oCQ u '" .9 ~ .9 .~ .9 "~ a -g a ~ ii5 '8 ~ ~ ~ ~ ;3 ~ '2 '2 is i! -g .Q .lS ~~~ ~ ll) I"- liS ...!. e- .9 ~ -c .9 ffi -c >- ~ III ~ !Xl CIl c ~ ~ III lQ o I- -c -c a: a: -S n CQ III CD CD al al ai ai i i ~ i i ~ ~ ~ ~ a: ~ ~ CD CD CD CD CD CD CD -c -c CD CD CD CD III CD CD > > ] ] ] ] ] ] ] ~ ffi o 0 0 0 0 0 0 ~ ~ ~ ~ ~ ~ ~ ~ ~ ;3 ~ Agenda Item No. 8A October 11, 2005 Page 55 of 172 \0 - :r o J: ... L1l ID [l. ::= [l. in .. '0 z I ~ " u Agenda Item NO.'SA October 11 , 2005 Page 56 of 172 7 Arterial/Collector level of Service Analysis Existing Conditions and Level of Service Analysis Average Annual Daily Traffic (AADT) Counts published in the 2003 Annual Update and Inventory Report (AUIR) were inflated one year at the growth rate observed at a Collier County count station to estimate 2004 conditions. The 2004 estimated AADT was converted to peak hour peak direction and expressed as a fraction of the road's peak hour peak direction service volume in Table 3. These estimates indicate that the road segments are operating at an acceptable level of service. 1 I I , 1 I ! l , I I I \ ) I I ! \ 1,1 ) I , t) . . ! \ t.l 1 l \.- .,~ \. ' I ., I U ~13lO3-124111 Y.-;Q2I'GJONeS -.-00 7 i i 11 t I , 1 ' \. .} , i ! t J '. . r .~ i \ l..J ~ . ': tJ ~ t I '~...J i I ",,_I { l ~ L 00 tn - C CI) E C) Q) tn 't:I < ..:.. C> 0 0 Q .- ~ r;; Q U 0 E r.; > ~ ~ E U; -5 N (/) > > ;:; ;:; ~ ~ -'" -'" ::: oct <:> rc r;: .:.. 0 GJ ~ <:> <:.> 0 <:.> ~ CJ U 0 OJ N ~ :J: ll. 0 u (/) 'S: > CJ - ;:; '<!' -0 ;>...!2' c 0 <:> ro rn ~ Cl 0 ..,. - r; N ~ :> 0 ... U ~ .x .x =: <" Cl "" ::J '" .:.. 0 --'- <:> ell 0 C> 0 U 0 <1J N ~ :J: ~ > QJ - ;:; ~ .Y 0 :>, N <:> '" ::J --'- <::> '" 0 S r;: 0 <lJ N ~ :J: f- :?: > - :::: f- c.J M "l:l '" ..::: '<t 2 CJ [f) Cl Cl if, ~ a >- :..> ~ 2 0 <:! a '" 'L: N <:! w .S ~ :;:: OJ 0 E: ~ c r:; ~, D OJ ;:; CJ C.i cr: u c.' =: ~ .- ,. r;: > ~ ~ <:! co I 0 ~ CJ M a f- a Cl N <t <! ;:::: CJ ... If, r:: f- ro '" 0 (lJ >- <! <t CJ '- :J: r:; C> ill >- c ~ 0 E ~ - CJ 0 M ;:; -.0 U UJ z :n E :.:i ..... C'l c::i C N M N o ...,. ..... C ..... N It') CO C'l ri c c ..... ri ...,. "': ..- ..- C'l ,... It) as M ...... en ...... ~ N en en en ..... CIO IC It') -ci > C5 (II Q) ~ 1'0 o .l3 Q) > 'I: a '0 o o 3: (I) ~ ... .E m E ~ ~ Gl ... U ~ .~ '0 Q) ~ (f) 'E l\l "tJ c: ltl US E ::l c: E Gl '2 ~ ~ Q) "'" a. 0 (") 0 ll) N ~NM.q- ..- en c::i C N M N o ...,. ..... C ..... N It') co en ri c c ..... ri ...,. "': ..... ..... en ...... It') as M "'- en "'- ..; C\I 0) 0) 0) ..... CIO IC It') -0 > a5 -0 > m rIl CD ~ tll o 1:: C\I o ~ g. d 0::: ... E ~ 5 .e t.> ~ U rIl IE 111 l\l __E ~ (") o o N Ui III '0 z 0::: 5 <( C") o o N E ,g '0 Gl '0 = os; (Q is ll) III =Il: c: c: III .2 ..J 10 :; US ~ c: ::J o () ~ c: ::l o () "tJ c: ::l o :S VJ Q) ~ ~ Cl ~ Agenda Item No. SA October 11, 2005 Page 57 of 172 00 ~ ~ . ~ ~ Iii ; .1 Agenda Item No.' SA October 11, 2005 Page 5S of 172 9 Future Conditions and level of Service Analysis The MDT from 2003 was inflated four years at the observed historic growth rate to estimate background traffic in 2007. Table 4 indicates that in 2007, the segments of Immokalee Road from Valewood Drive to Tarpon Bay Blvd. are projected to operate at acceptable level of service with or without project traffic. I 1 " I , .l ! 1 , ..-" f ~ , . . I t , I 1.1 f \ I : { ".i , . I i ~.-,."J , . i I I LJ , , '.. .1 ( 1 1 ! L 8/112tHl3-124111 V.., 02\. GJONell CMo 03lllJ8.OlIll-001..00 9 Agenda Item No. SA October 11, 2005 Page 59 of 172 o --< o --< ..... ..... U 0> 0> :e ci ci ra ... C") ,... I- to L.C') - 0> 0> U N- N CI) '-' 0 ... ,... ..- a. C") C") - III :::I '" l\l 0 0 0 .0 .c 0> 0> S - 0 c:i l\l 3: 0 1: " 0 0 Q) C It'J L.C') E C'CS N N Q) Cl .c ri C'i tll c: - tll == ::a c c ~ I to to c: II) l!! - '- C to to =' U CD N ~ !:: E en 0 N N c..> ~ C) E CI> CI) 0 0 ,g -fJ) N N .0" L.C') L.C') '0 Q) CU ra to to 18 '0 1-1 1-0 '> EX: 0 0 ~ is CI) 0 0 c: ell \ , 0 0 .S! c: .! c:i c:i tll 1ii ..J C'CS to to Ci5 )( .:.:: U5 0 ~ ~ 'E '- E =' .E ..... ..... 0 .5 ..... ..... c..> Q) ~ E =' c en 0> c: '0 =' 0 ,... ,... 0 > L.C') L.C') \ CI) a:S aj c..> Q) l , '- to) U C") C') ~ ~ .~ N '0 III -C 1: OJ ~ C/) ( : CI) -C 8. 0 'E I fJ) > 0 'tJ > CO Q) !:: tll U - CO 0:: '- =' 'tJ 0 0 0 !:: III 1: t5 .0 S "ai Ql ::J .f! 1ii C/) ~ 0 Q) E , I > tll c..> :li:: 5: C") I CD 0 U III ::J ~ , ..J .9 IE III 1: E =' l.......; Q) ~ e ,g a:r '2 ... Q) t- t- f: ~ u: :::I > .9 ("') Q) l"- E '-= 0 a.. I 1 - C -c 0 ~ 0 E :::I 0 ("') 0 \ U. '0 > N U') N u... \,.1 0 CO - N M ~ it) 0 ..... := III en III m .:.:: III . a; tll "0 l > 0 Z { III , .., ~ ! ~ Ii I . > a '~_J - . ~ I ( f ~~ i ; ii3 ;- .1 '-- , - I I I l-.. Intersection level of Service Analysis Agenda Item No.' SA October 11, 2005 Page 60 Pi 172 Figure 4 shows the percentage distribution of entering project traffic at the intersections of Immokalee Rd. with Valewood Dr. and Commercial Dr., and the assumptions on which they are based. Figure 5 shows the same information for exiting traffic. The percentages shown were the basis for the project traffic by direction shown in Figure 3. Table 5 shows the split of project traffic into turning movements at all the intersections, consistent with Figure 3. Figure 4 - Distribution of Entering Traffic "C co 8 Q) ~ 'f: 'e N ~O Executive Q) ~ i ~ E 'C , I Drive EO 0 t) ! \ I ! , , r 1":- I " I I l \ I Assumptions: 85% of traffic from west will enter at Valewood, 15% at Executive 85% of traffic from east will enter at Executive, 15% at Valewood ! I L; f { L. Figure 5-- Distribution of Exiting Traffic ( I , i : { .j./ -g-Q) co N o > 'e ~.- Q) "- Executive CD ~ i -0 ~ Drive E 'C EO 0 t) f l I ~ I ; >.....J I \ ! i U 16.6 1 ' i L_.l Immokalee Road ';"-- Assumptions: 85% of westbound traffic will exit at Valewood, 15% at Executive 100% of eastbound traffic will exit at Executive { 1 I ; ....... 81112003.124111 Ver: 021- GJONES CAlI4. n~rYIO...J'Ift1__M 11 ( I " I LJ ..j , Agenda Item No. SA October 11 , 2005 Page 61 of 172 12 Table 5 Project Traffic PM Peak Hour Turning Movements Northbound Southbound Eastbound Westbound . - . - Intersection l T R l T R L T R l T R . Immokalee Road at Commercial Drive 0 0 0 7 0 6 11 0 0 0 2 12 fmmokalee Road at Valewood Drive 0 0 0 0 0 31 62 11 0 0 6 2 Immokalee Rd. at Oakes Blvd. 0 0 9 2 0 0 0 62 0 5 31 1 Immokalee Road at Tarpon Bav Blvd. 0 0 0 0 0 0 0 62 0 0 31 0 WilsonMiller collected turning movement counts at most of the intersections in December, 2004, which were inflated eleven percent to reflect peak season conditions. Turning movement counts collected at the intersection with Oakes Blvd. were collected in February, 2004 and deflated two percent. The adjustments were peak season factors from the FOOT permanent count station. 2004 analyses were done with existing geometries. f : The widening of Immokafee Rd. to six lanes between 1-75 and CR 951 has construction funds programmed in the county's fiscal year 2006, The planned geometry of the intersections is unknown at this time. 2007 analyses presumed all existing turn lanes, with one additional through lane in each direction on Immokalee Rd. For 2007 conditions, most of the 2004 approach volumes on Immokalee Rd. were inflated three years at the average annual growth rate used to inflate the mainline volumes in the link analysis (11.7 percent). Side street approach volumes on Oakes Blvd. and Tarpon Bay Blvd./Northbrooke Dr. were inflated three years at the annual average historic rate observed on Oakes Blvd. at count station #682 -10.7 percent. Traffic volumes into and out of Vale wood Drive and Commercial Drive were inflated a total of ten percent to reflect both growth to build out of the remaining residential potential of Quail II, and the development of some of the commercial parcels not affected by this rezone application. . , I l J . I ! ' i i _ 1 Appendices B through E pertain to the intersections being analyzed, and contain within them, in order: · Table showing the 2004 raw turning movement counts, 2004 peak hour turning movement estimates, 2007 background traffic turning movement estimates, project traffic turning movements (from Table 5) and 2007 background plus project traffic turning movement estimates; · Diagram showing the existing intersection configuration and 2004 peak hour turning movement estimates; · Synchro analysis report of 2004 intersection level of service; · Diagram showing the 2007 background traffic turning movement estimates and future geometry; · Synchro analysis report of the 2007 background traffic condition level of service; · Diagram showing the 2007 background plus project turning movement estimates on the same geometry; and . - · Synchro analysis report of the 2007 background plus project traffic condition level of service. , r i : L.~l l , . t...1 1 . i \, _f I i ,-,..I 81112003-124111 Vo<: 021. GJONES CAM3 D3lJ06.OOll..ooI. . 00 12 } , .) I " , ; , I <.1 I ~ I . i I l. .J ! 1 ! U , , , . i \ ..' Ll { I I ' f"; ~:i Agenda Item NO.18A October 11, 2005 Page 62 of 172 :- 13 Table 6 summarizes the intersection level of service results. The signalized intersections are experiencing acceptable level of service, and are projected to experience acceptable level of service in 2007 with or without the addition of project traffic. Table 6 Intersection level of Service Summary _._._._~- 2004 2007 Without Project 2007 With l PrOject I Level Average I of Delay Service (Sec.) Intersection Level Average Level Average of Delay of Delay Service (Sec.) Service (Sec.) Immokalee Road at Commercial Drive* E 41,5 F 65.5 F 74.3 Immokalee Road at Valewood Drive B 12.1 B 11.9 C 26.7 Immokalee Rd. at Oakes Blvd. C 29.3 0 37.2 0 44.9 Immokalee Road at Tarpon Ba Blvd. C 31.3 C 31,1 C 32.8 * Reported dela is for the southbound left turn movement , ^~ The un-signalized full median opening at Commercial Dr. was analyzed with future traffic developed as described above. Delay for vehicles turning left grows along with the Immokalee Rd. traffic. The maximum exiting left turning volume analyzed (in the background plus project traffic condition) was 71 vehicles. In reality, as delay becomes excessive, trip makers will begin making other movements to go east: starting westbound first from either Commercial Drive or Valewood Dr., and making a U-turn at Oakes Blvd. Conclusions & Recommendations This rezone to residential use reduces potential PM peak hour traffic. Valewood Village projected traffic creates no significant impacts on county roads, and on most nearby road segments, its impact is de minimis. On the road segments analyzed at the request of the county, level of service is projected to be acceptable in 2007, with or without project traffic. Quail II is one of the developments whose future projected traffic is being systematically added to the traffic volume checkbook balance on nearby road segments, so it very likely that at the SOP submittal stage, expected traffic from the project will already be accounted for in the checkbook balance. All signalized intersections analyzed are projected to experience acceptable level of service in 2007 with or without the addition of project traffic. Trip makers turning left from Commercial Dr. onto Immokalee Rd. will experience increasing delay as Immokalee Rd.'s traffic volume grows. The actual number of such movements will never be large, and as delay increases, an increasing portion of the number used in this analysis will likely use other means to depart eastbound on Immokalee Rd. . 8I1/2O(J$.124111 Vir. 021. GJONES """'" O3CJ06.oo9..oo1, . CIO 13 dl -1 ! ~ i ~ j 1 ; i l > I 1 I { i ! ., I._I I ' i \ 1 , , ; ( L..j I ' , I U 1 ! ._ _.1 l.j .( ~ , 1 , , j- ; ~~I Appendix A - ITE Trip Generation Report Agenda Item No, SA October 11, 2005 Page 63 of 172 14 valewood Village Summary of Trip Generation Calculation For 260 Dwelling units of Residential Condominium / Townhouse - lU#230 - Aver'age Standard Adjustment Driveway Ratp DevIation Factor volume Avg. weekday 2-way volume 7-9 AM Peak Hour Enter 7-9 AM Peak Hour Exit 7-9 AM Peak Hour Total 4-6 PM Peak Hour Enter 4-6 PM peak Hour Exit 4-6 PM Peak Hour Total Saturday 2-way volume Saturday Peak Hour Enter Saturday Peak Hour Ex;t saturday Peak Hour Total 5.56 0.00 1.00 0.07 0.00 1.00 0.35 0.00 1.00 0.43 0.00 1.00 0.34 0.00 1.00 0.17 0.00 1.00 0.51 0.00 1.00 5.27 0.00 1.00 0.25 0.00 1.00 0.21 0.00 1.00 0.45 0.00 1.00 1446 19 92 111 88 43 132 1369 64 54 118 Note: A zero indicates no data available. The above rates were calculated from these equations: 24-Hr. 2-way volume: 7-9 AM Peak Hr. Total: LN(T) = .85LN(X) + 2.55, R^2 = 0.83 LN(T) = .8LN(X) + .26 R^2 = 0.76, 0.17 Enter, 0.83 Exit LN(T) = .82LN(X) + .32 R^2 = 0.8, 0.67 Enter, 0.33 Exit LN(T) = .82LN(X) + .17 R^2 = 0.8, 0.18 Enter, 0.82 Exit T = .34(X) + 38.31 R^2 = 0.83, 0.64 Enter, 0.36 Exit T = 3.62(X) + 427.93, R^2 = 0.84 T = .29(x) + 42.63 R^2 = 0.84, 0.54 Enter, 0.46 Ex;t T = 3.13(x) + 357.26, R^2 = 0.88 T = .23(X) + 50.01 R^2 = 0.78, 0.49 Enter, 0.51 Ex;t Source: Institute of Transportation Engineers Trip Generation, 7th Ed;tion, 2003. 4-6 PM Peak Hr. Total: AM Gen pk Hr. Total: PM Gen pk Hr. Total: Sat. 2-way volume: Sat. pk Hr. Total: Sun. 2-Way volume: Sun. pk Hr. Total: =~1_ Ver:01I.GJONES N05'5-026-000- TSAP- 21502 . j , I I : I . l. .1 f t , I ! ! I ' u I t I i L-i I i I . L1 t ~ i ] \ ~ ....-. j ~ t_~j 1. 1 I ! , , U Agenda Item No.' SA October 11, 2005 Page 64 of 172 Appendix A - ITE Trip Generation Report 15 Summary of Trip Generation calculation For 230 Th.Gr.sq.Ft. of General office Building - LU# 710 Average Standar'd Adjustment Dr'iveway Ildte DeViatIon ~actol' volume Avg. weekday 2-way volume 11.01 0.00 1.00 1.00 1.00 1.00 2533 321 44 365 7-9 AM Peak Hou rEnte r 1.40 0.00 7-9 AM peak Hour Exit 0.19 0.00 7-9 AM Peak Hour Total 1.59 0.00 4-6 PM Peak Hour Enter 0.25 0.00 4-6 PM Peak Hour Exit 1.21 0.00 4-6 PM Peak Hour Total 1.46 0.00 Saturday 2-way volume. 2.22 0.00 saturday Peak Hour Ente r 0.17 0.00 Saturday Peak Hour Exit 0.15 0.00 Saturday Peak Hour Total 0.32 0.00 1.00 57 1.00 279 1.00 336 1.00 511 1.00 39 1.00 33 1.00 73 Note: A zero indicates no data available. The above rates were calculated from these equations: .1- 24-Hr. 2-Way Volume: 7-9 AM peak Hr. Total: 4-6 PM Peak Hr. Total: AM Gen pk Hr. Total: PM Gen pk Hr. Total: Sat. 2-way volume: Sat. pk Hr. Total: Sun. 2-way Volume: Sun. pk Hr. Total: LN(T) = .77LN(X) + 3.65, R^2 = 0.8 LN(T) = .8LN(X) + 1.55 R^2 = 0.83, 0.88 Enter, 0.12 Exit T = 1.12(x). + 78.81 R^2 = 0.82. 0.17 Enter, 0.83 Exit LN(T) - .8LN(X) + 1.55 R^2 - 0.83, 0.88 Enter. 0.12 Exit T = 1.12(X) + 78.81 R^2 = 0.82, 0.17 Enter. 0.83 Exit T = 2.14(X) + 18.47, R^2 = 0.66 LN(T) = .81LN(X) + -.12 R^2 = 0.59. 0.54 Enter, 0.46 Exit LN(T) = .86LN(X) + .31. R^2 = 0.5 LN(T) = .61LN(X) + -.23 R^2 - 0.56, 0.58 Enter, 0.42 Exit Source: Institute of Transportation Engineers Trip Generation, 7th Edition, 2003. TRIP GENERATION BY MICROTRANS 111212005-1_ VOl: 011-GJONEa "- ND515-02S-OOQ. TSAP_ 27lS02 1 Agenda Item No, SA October 11, 2005 Page 65 of 172 c.o ,... co ,... ,.... >::> <=> N U 01 U 2 ..r: c Q > ~ "f E 0 Q} c.. I- 2: E U "" C, 'f, W -:= 0' c > 0 CD I I 25 g 0 ~ C) C) C) ~ 25 en C) > > .... (") > M 0 0 0 0 0 :;t :;t :;t :;t :;t -c .. 'P" ~ 110 It') .... .... c .... 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I I I I I I I , I ! ~ i I ' i I ; I I I , j U , , , i I l I : J I 'l ~ J I : t__l 'i....j Agenda Item No, SA October 11 , 2005 Page 67 of 172 Appendix B - Immokalee Road at Commercial Drive 18 2004 Existing Conditions I3.GM~rrs:i.gl"~Tii~,~ JN~r$-:~~l1~n P~):l'~~'lW ~Q.~N9.t~,... ,1.8 :,1 mm~~.I.~,~,R(j,. &'.c,qr;nrrt~rt{at Pri~e X;\Eiit;\N~S15';026~ooO\~ynchrofilestv.alewooClVi.'la~e'200'4;PMPe'ak.sy7i:' ,.. .' , . ... ;....;.a.:.., ,"~' i,;:, ,\,'.1 ",rr ---,...' ;;'.. .~;.. '. ... ~"'irlIo"''! tt ~ .~. , , ~ " G'roilcfe . O~ OOA O~ '.~~..... j ~~~ ',peakHourFs~of O,g2, 0.02 O;g20,~20.Q2 ;'0.02" ;(glm4,1..~~1 ~151._.l!IM111ii P e'deSttfati$:' ", ~r'~,~ ~(ftI~' :'. ~~hhurrf flare (Ve h), ~-.- I I ': MeJ~'L~!i4~!~t(-;'ehi ,~ ,_~,~~~!e~tJ "VC~:sUI'~'~: ,9citifvof i,,1 .I;j}~J,~I~~, '1283 'rl'Cu; ',unb1oCke'd'Vo I .~ . ~:'ii)l '..~~~..~ j .' " .-! ~''fL,~ ~fJt;; . I,:;"~;.j'ar ':' " : 1 <" ~ :; .., it~~ i~i::,r ,~\.~=;;> ~ ~ ,', ~ ',' I" ==. . Dt "jH!': r~r:-~~ ~ . ~ _ ~ . 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',~ _ .' ,of .': "::: :':1 D :: ~I ~,_ '. ~':,"':-;:'~'":,~f:r' :::~od .'-';< ~~ ;'"' :';:~'_ =<r- I ' i ;. \ L,._j , . ! L.. I ; I : i ' '--' 1/2a'2005.146884 Ver: O1I-GJONES "- NOS15-021l-ClOO- TSAP.27502 18 1-- ~ > I , ~ Appendix B - Immokalee Road at Commercial Drive ~. 2007 Background Traffic ExeclJtive ,Jnlooq".klf.~~ f1~:,~ 112012OO5-1_ \/r. O1I.GJONEs "'"'"' NOS15-o2&o1Jo. TSAP- 27502 > COl.......'.......". ' ....... . . '.~. '~. ;. 37~"- .' "> ,2675. '.> "> ~ ~15S9: ~ Agenda Item No,' SA October 11, 2005 Page 6S of 172 19 19 --I " .. I i ~ : i ! I f ! 1 1 I I I! i \ !. ; ! ' 1 " ; . .. Ii i.. I ~ I ~ i ' I .1 " ; I L r : ! ! 1 ,j, 11 u ! " I . 11 Agenda Item No. SA October 11, 2005 Page 69 of 172 Appendix 8 . Immokalee Road at Commercial Drive 20 2007 Background Traffic HCM'Urr~lgnalit~dlhtersectiQh Ca~C-~Atraly,sis . 18; tmmol<atae.Rd.,&/O'onim'erclat Or, '~\En~N051~1)26;rioO\~nchro'fiJeS\V~iew6dd Viii age' 200,1 pM 'pg~\MthoUf~r9.Je'&,~~i .... ." ~' - ........., ~. .,' . 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'f.~: :,y:,.(/,;tr;:'_~ ~~~:\ ):~ ~- .. -- 0' ~ 0', C tt:=~ if:~1ti~. 1 #!'C~t1:- >','U~~~!J11 \,r.ti1;i~ .t~{~~;. _ ~ ~:l~~.'~ ... . ,T' , "~ . -~~'k5: j ~~-.' -; .~. \.\ \,:, . ~ ., J~tifl~: ' r -::. ,> ~" -, '~ 7 d~ltI I ,'~ '~ ": ,.>'. ~. .1 .~ -< j~ :/,: ,,\~{ ~~~~, -: '....~.~ ! ; , ' 1 ; l., ! ' I : U ~ ., ~ ' i ~ -..~,.. 1J2tV2005.146864 Vor: 011. GJONES CAOQ N051S.lJ26.OOO. TSAP. 27002 20 ": , \ ! ! ! ; 1 i 1 , ; i i i ! I : f ' I l I. : i , I-L I i I f I l r i li I 1 I ' I . I ~ U i f / . l'. ..... j ! I : t...} t._t ,'! i j tJ .J j I i I 'I , i 1/2W2005.1_ Vir. OII.GJOI/Es "- NC151~ TSAP.215112 Appendix B . Immokalee Road at Commercial Drive 2007 Background Plus Project Traffic EX9:Qutive > 1m'" '..............'.1......&.1..'..... .fl.'tj..... ',' ':",,' ,',:m'. :,.:;~:,:",.,:e.> .;: .~ ~~ ~X , .:--?f" ..4;8 ...:> '~'07"6 ~ &';'ti.':' '. ), '~.,. {..1......' ',", ". ," . ,. (. . ..." ~ ," Il@ 'H I:.~09'" ", ' ,:~' ,:,. .'I.~dfj>. :. . <: Agenda Item No. .8A October 11, 2005 Page 70 of 172 21 21. Agenda Item No. 8A October 11 , 2005 Page 71 of 172 Appendix B . Immokalee Road at Commercial Drive 22 2007 Background Plus Project Traffic HCM;UNslgh~liiectltilersectionCapatJtiI An'alysis. 18: Ji'nmokale~Rd: :&'Cammetclal or. ':X:\EhaW0"5iS-':b26~titiO\~nthrO'fi1es\v~te'w6od Vlliaqe >2.00,7 Fl,M~eEik with 'proiett.sy7 . ", " ~ ~~'~. '~'\., .r ,,~i'~'''' h,. ~~,4J) .~lL;r . Grade ", ..,..O~ .~~:--~~. , . " " , ... '0......' ..I.,. '". :P'eiilk HourfaiCtof · OlJ2" 0 Q20:Q2 .~ 0 ~;..o:g2,: '~.~l!~~~~ P ed estria ris . ' '_MIl.~ ,.11_ -~~~- I JJ_ ...~~;i:~ " Med~"nstor:age vi!h) '~....~d1', I I _'~~~!Ci,~ ,_~~ J 1_Jl 'v'cu;'unbi6d(id;v6.11793 . .~~ ]--- -. i. I ~~'~~fr rj r - :.~:~.~, '.85' .' <;'" . ..~~'''"_ ,. /"I/!~ lr t;;,;;.~ ~. .or t. . 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'.-. ~;:. :-;~- r~'~.I" " Siils.~nil: P'ha~es;' 111 Immol<oIle1illd,"&oValewood Dr. .......( I , i L-j ,I- .'.. .7 'dl . 116 i I I ; ,--,I I . t I . L_J \ L.i f I ln~ 148878 Vor: 011. G./ONES CM4> N0l51~_ TSAP.27502 26 1./ : , j ; LJ I \ \ : LJ I I L.J L 1/12/2DO$.148171 VOl': 01~ GJONES ~ (1 N051S.02~ TS,t,p. 27502 ! i L] Appendix C - Immokalee Road at Valewood Drive CD ci ....]~.' II' 24'S' .,.~ ;,....~::~$'. 264,1' ..:), <> 2007 Background Traffic ,.(' 'Skeel '~...".. - '. . t_ \ ~~.A < .~.., . . ...,: 1 of)' .~ (' ,,' ,';u .,'\;J r. .' ..... . .. .., . ." 'ok' ""I"'e R'd' ..... ",'. '.'..&..e ." "" ..,.m,m .,.','. ..... .. .., -'\....'....;, . . , >> Agenda Item No,8A October 11 , 2005 Page 76 of 172 27 27 Agenda Item No: SA October 11 , 2005 Page 77 of 172 Appendix C . Immokalee Road at Valewood Drive 28 2007 Background Traffic 'Lane~. \Iplwrrii:n(T1m1'r!l~:s' . . . .11: Imfn9~ale'e.;R~, &V~t~w6pijpr., Q:\ENG,\ND51.s,,026.:000\Synth'ril fites\Vale'NoodVillaae 2007 PM ,PeakwlthOlit.Ptofee'f.sv7 ...., '~"-." , , '-' .~ ~ ~_n{;;~_r' ".~ ......'0' .... .i~ .I~:: :; fj . r '~fl.iiUtH;,lti:fi';; ,. . 4~~'IOOI~ 0.'9-1. O~91 ,1':00 -. _1- IlllIl' :'ntfi,rdfecte'il .' O,Q5Q:: III 1WII1.,1IJ . . ..........u :*2;~:w OL' '.~t;iJ,~.~, ~~_" '.1.001. f~~.>f,;OO ~ I ~':!I :~f~~~ft) '.a51 , 1()q4. . 243M' ~ ~~Jr..:d. 18' '2e .~ ' . ,. prOf '" PRrin Perriiltt.dPh'ises S ...... ...lti _ ,Minli'rllrm ]n~!.4'i .10;0" 1e.0 '1e:01ItO ,10:{( '. :2~:d 7fo .;O~ :0;0;:;24,0". M....x'.."m. "u'm'" ..,.G'r.,;;e'.n.. .,(...., ' .,... ';'0"'0' '2 O' . ~~~O' ~.'... "~"8i 0" '" .: 22.,0" '" .' .q;. .42. ", ..1 . ", '.~~.,,~~ 11IJ 1',,:11 1 ~r- -- ~Tlm.'i2.o' 2.(1 ~~tr Illl '2.0:' ,~ti ':.:.u..~ 1~ 'Y~_ 1II11\lY1Jt,( ,RecailMode ..' NOne 'None None None C.Mln.' .~.., 1~.u~1.~.... ~L III U IIL~:'_h';:~ ' ffat'Greien. s, 22,0 80,0 54.0 54;0 12',0, t', ,; ,.~~ '",' " ' , , ';0'''' ,0 , ~lr I II '''t.0': ''4.0:' o ',~,;OO':. ~. ~r., J.; ;'.;1' J! ...:'[.. l~4, ""J.. . " \ . ~ .~. ::= I~ --. ~ .. ~ - ~-~ .:: --; - I , ~. . : ~ .:. J _~ = ~; ;.; .. ~: : - " .I,; "FJ:{" ' '1 ;',' ,~I ,es I .",~.. Ilrv ___ '. "leISI ,'1;00';' 1-00 I} 344 . ',0', : - "1' ::'.1;;"" ~~~'f' '.,' :;,"p~1 ' . , I"::. /' 1111 ;"j-:' '" ~ 1" 'or. ~_ B;" o,~ oustom' 'f:+-= . ...; ...~ t~. _ ' _ _ ' ,:.{:.;. - .r !;j 1" ~-, ( J" , " I ;l~ '~ ,6'. I J II l~nL _ : : II~ ! \ j '{~~L'l1 <. , I' ,~f~-,W!.;~: I ~ ; . 1 ~ r~' . '>. ~. .' , I i I I J :. U vie itloO.esa 0.71 0.6e '0<03' 0:06 "~~llll _,~..~ aueueD~CU_..Q;Q.---9,O '0.0' 'R;MMt"~~J11Jf~ i.miI..... LOS,' . '.D ..A EJ A~, ': .-. \ '~'..; i::"+:},,{.a ~'::\:...~~::..:,;;\ "::"t ~c--\ ':"'-(;,~ ~ ':,..0.;;; ~:J.;:c. "'.:.. w'7.X~ i\1IRl ~ 1 . L..J B.:iselifie WIH~riMlller, lifo, ,a)f~(,tho e. ~"pOrt Page 1 \ ! .~,;J '/12/2005-14l18711 Vor:01I-GJONES c-. (\ N0I515-Q26.000. TSI\P. 27502 j ._1 Ld 28 Agenda Item No:, SA October 11, 2005 Page 7S of 172 Appendix C . Immokalee Road at Valewood Drive 29 2007 Background Traffic 'Lanes,. VOlumes,::Tiji)lngs,.. - :,' , . ,11 ;lmmbkaf.eeRd. &ValeWoodDr, Q:\E NG\NOS:f5-0 26~ o'OO\SYJ'lC-hro fii.e S\Var~WOOd:\J;lIa~e~200 7 PMp'eak withe lit Prole ctS\f7, ' .Ill. .. "~' ,~\..., J ...r ~' ".;' ',""-"""C-... :). ~ ." I I~" I I:' I ..';j\i:ii;V.[;;;:r..I:\~-,:;:::~,-- :;:---~... ',:fi- :,(,J:~;<.'''-,';--,''- - .. , , ''',',. :-. _.._~......_"-'~-~ : ',_'-__ _-;:-:, .~~'-;;;: 90th %lltr.rmc-., G,',' , ti.t,a~",' 'M,:' x, "M, .Ix, Co'or<f' , I:';;' _-.;;;; ._lmRt~ ' ~~....~ ]~,mCbd',Ga': Max ,.M,xMax ,Coord " ~UIJi~; u).'. . ~1IUh.._ __._ ;; ;; .:50th.04f1eTer~ax Hold+fald Coord', 'I - - ~[;;~: ] n ' .--.... .' -..... "ill'" 1_ "'-' U i I I r ~ ~=~~.~JI)lIl1mJ~ ~~~Drl. 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TSAP. 27502 Appendix C - Immokalee Road at Valewood Drive o , 3 OS--;;, 2658) ). 2007 Background Plus Project Traffic Exec ) ~26 <: ... .., " 1669 (., Immokalee Rd.. Agenda Item No. SA October 11, 2005 Page 79 of 172 30 30 , Agenda Item No.' SA October 11, 2005 Page SO of 172 Appendix C - Immokalee Road at Valewood Drive 31 2007 Background Plus Project Traffic .Lanes,\(oll,lnies,Tirilih.gs, . . . 11: Immokal~~R'~,g,ValeWood 'Or.' ;Q;\ENG\ND515,026-00':l'SvrfChr6fiISS\Va'.9WObd "matt.s 2007 PM Peakwith Pi'o)ec1.SY7 ' . .,Jo ~ .<11- ."-: : \. ., .~'~H;'.~;- Lane Conl1 urortlons 11 '. . t. +tt- ,,, " ~.tor.........n'..~~~'~i~~~ ~ 4.0 4.0 4.0 4;0 404.0 . . , , .~ 00 0 .0 Liln'eUtii:.rilotQ,( 1.00". CtQ1 Q;gi 1:00' !LOb 1.00 . -. IIIn~r. -.~~m -~.~~~~VIII~~.IIU[ .._ _ n .-~.l. E.!!.E.!2!.!oted. O.g&)'.... ~,"'. .. ..I;lli'..'~.~~i~~.. Ir~ . FitP~fmffi~T . 0.Q50 . '. . t"Jl:IIIa'V''lll/'''l' IlL~l~,ll!~ ... :::::_:-: ~~JJI~'P1J ~=;~~:.r:;; -- -1:~ ... 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TSAP- 27SOZ 35 Agenda Item No. 8A October 11, 2005 Page 85 of 172 Appendix 0 - Immokalee Road at Oakes Blvd. 36 2004 Existing Conditions Lanes, Vo.lumes, Timings , , , ' _ ,8:Jri1mo.kal.eeRd,& OakesBl'I/d., Q':\ENO\N0515-bi6-0tlO\SynchrD fjies\ValewDoci \iiliaae' 2004 PM Peaksv7 ,', '--, ' ," , ~ -. ,. ~ .....,,, t .J" \. ~ .' ~- b= ~m~~~~~~jg_~~I:~{~~_~ 90th "o6i1e Term Code M.ilx' Max oMlDC Max "Mol)( toAax MaxCo6rd Max Coord lQflB1llmlr~~,.' ~', . ~' ,,: ,"', , <~ 70th "o6l1eTerm Code M.ilX Max MlIX Max Max< Ma)( Hold.Coord Max ,Coord' ~Wil~~""JBft1OJei~~~~ilJ ,15oth,"06ile Term Code 1Il.1l(. Mol)( Max M,I)( ....x M,I)(, Hold Coord MlIl( Coord ~-;'-" -, ~ ' " . : .)~ 30th "o6i1eTerm Code Max Max, MlxGa~d Hold, HOld~'CoorC!" MiX Coord ~~~~,. . .' n ',':i~~ ,,~Oth"06H,~Ter~ Co~e Min G~GiG~~.;: ~ Max Coord,. . a_.., ",'. fL~ ,'?,ueue,'~, ,J!. b,~ ~th(!f)_, 130.,' #37" 255 11I201 127 m7' 227 22e 91 8,a, JBm"~~ ~IIHI~U~ .~ ~" ,B~ ,Len, '!!t, th(~1t 3,75, ',' 27\'5 "45,,0 ',300. '10.9' , ,",' " ~ Starir,tion CiDdiictn 11 0. a O' a I) a '0.0. c!, ~l~ ~ ,stcirag'e .Cap,Reducitno. 0. 0. 0. a . '0. . 0- 0. a 0. .a~*,,_~' ," ~ 'L~.l~' ;'... .~ '1.'._"--.!." __ _ ~ _ __ _ ..___~ -~ ';j'lr~:;'~~':'.~:~~~.:- d~~~;-:.---r"; ,~-..~~ -~.. '---'-'-~-/;.:-:;-:_-----~~~ Cycle Length: 100 ~~~I."~ -='-TIIIiIIr"~~ 'OffsQt,o@~ ' RifeiQnced,to f>hBse 2:NaTL and e:SBT ..' Stlrt 'of Gre~n F~_ t ", ~ . .. .. " , ^ :c_ontr~~~.coOrd!n'ted , ',it .~ Mia .' , '. - l! ", "'..,, , ' , ,M,~'11 'mr~1iW~i~~~~~m?..._l~~.~ ~1l!!U'i!.!2.~~!l!L1.~-'--'~l!I'!IVIr~]l'IN-"'1lI.:RII L ' 'IRq.~~-!Il'!i~li;t:$=~\!!ii_~ '~Q.~JJm1ifl.qJ~.mi~~Ji'ltil~.\WI'~~W&.'\I"i,:m _ ~ JV'.fi~~~_;l9t;~~~~mt~~~fA Oueue shown Is~maXimUmafter lWo ells.,' , ' " " ~~,mo:"~,:i< "'''','''' ',-, ~'--'''''''~'''''~'~~;;ll'!l:~cil,;r"",_',__,.:,,''il: ,1!,!.lIr;W'.J!lm~",~ ,!lge, ,L.....~, ! . ,.' e~?lWl!!.IIL(~_~Qi<~d~~t,\~~r;:S1 S itS d P 8 r kL Rd & Ok BI d ;p(' 'an h,ses: mmo a ee aes v ~ta2 I \j.. ai f-,;.IO at I .c "j ~~ g6 1'\ ~' g7 I~ t6 .' .ft! "'7" Baseline WilsorrMiIler. Inc. Synchro 6 Report Page2 1/1212005- 1_ Vor. 011-G.IONES .,....., N05150ll28-OOO- TSAP.271lll2 . 36 L Agenda Item No. 8A October 11, 2'005 Page 86 of 172 Appendix 0 - Immokalee Road at Oakes Blvd. ; , 1112/21Jll5. 1468811 _ 011. GJONes """" 1'10$'5-0-. TSAP. 27502 37 2007 Background Traffic .~ ". >~".-.;t P"",~.,. NCO'~ .. J. r.. JA,,\1 . ---/f 387---/f , )- 11.85 >. "> 33~'. . -Q' "'~ ~> - co' (/); ml" ~.. CCL 0' ~7 < .' < 113p ~3'36' l\[' ~~ L 1.$ 'JIrl,.. 'CO ~';m d:;. I' A 37 \ . Agenda Item No. 8A October 11, 2005 Page S7 of 172 Appendix 0 - Immokalee Road at Oakes Blvd. 38 2007 Background Traffic Lan'es, V91umes,Timrrigs. .S,: Tmmdkalee R.'c/:lfO~~e!> BI'(d, Q:\EN'G\N0515-02~OOO\S'J'nthro'fjleS\Va.lewood ViII S (:le 2007 PM peakWlthtiut,ProJect$V7 . ~ ~ -;. .. -- ,~ t I' . ',. .~. " IP-!' - -'J ~ . '~.'. L.!.!'J[ellJtlh~(ftL _? 75..' 275 400 .,~~.o ." a a o'. ~mT~_.._ Total Lost Tirne s 4,0 4.0 4:0 4,04:0 4.0 4,0 4.0 4.0 4.0' 4.0 4.0 , ,_, _l~,~., _~':; ("-~ '~1 o o. o o 0' O' cr a o a a.S7 0:S1 1,001.00' 0.91 1~aO. 1,0'01:001:00'.1,0'0 .1.00 1.0'0' ~ 1m."__I[I1J11~ ~liUl~ FtI P.rote-oted O,S5Q 0'.050' 0,950' O,950. . ~~ .,...m'.!i'di~~.... FIt Permiflell. O,S50' 0.1;150 . 0.520' . 0'20'0' ' . ~Il.~.~~ I. ,,_.~ -~L. 11 JRt.! ". . .... ~_._;~t~ -c ~~ Hu :r.otot11lO 1.00 1:00 1.001.00 1.00' 1,0'0 1.00 '\;001;00 1.00 1.00 At n T rr1 ---=~~JL . 1,185 330 33e1135: 67.382 sa ,:385 ;- =;~~~ 147 ,89' 2q. Ad ; Flow 388',1288 30g 365 1234, . 73415. 104 418 160.' .Q7 22 '1;, , ,.~perm Prot ~n~~ ~.eim.ltted~Ph.ase.s. ','_ '.'.'l!III!M'!I. 48' 2 '6- J;'~,!ll~ ~j-"""1 ~r~,~.e;O' 10',0'1'6.0 1e,a 7.JJ ,10',0' , . ;~~ 10';(j ~~.O' 26.0 35:0 35,0 20',0 ~:.O'.a.o 13.0 2.4,0 0'.0' ,...M. ~X.imurn. G... ~.een~. st.,. .'._ 'j? 15~.O' '. ~_~24,O__.~ 244"QO" 20 20:,00'. 29.0. 2g.a ',14p '25,07,0 18.0 ~~~':., ,. AII.Red Tinie s ~2.0d 2.0 2,0' 2.0 2:0 2,0 2.0 2,0' 2.0 2.0' , ." ~~~i1l~~ Lud~u 'Otlmlze? ,Ye;s Yes Yl$' Yes Yes' Yes Yes' Yes Yes Yes' '-1.. __ .' .... .~.~~~~ Recall Mod'. None None None None None. None .None C-Max None C~Max: .WjJli\!1mB_llf'_.'~~~~~~~ Flash DootWalk(~ 11,0 11.0 11.0' .11.0' 11..0 .11.0' If.mijjIil '. , .. . '. .'.o;g .' . <. " .~ '~;~~~.~'J~~1z~tft~~~~~t~, vie Ratio" . a,Bg 0',97 0,53 0,04 0.770.13 0',80 a.8Q 0'.680.,32 e~~E.Q~~~J,!\;'t~~~~:..~~-1~;~~\i~t?t~~RZ~~E~'i~~'~~~tt<<~sf~~~~~i!!tf~~1t!~)f_ Queue Delay 0'.0 0.0' 0'.0' 0.0 0'.0 0'.0 0,0' 0,0 0.0' a.d :Viil1iiQ:'iT~1l~~~,9l:~L~m-t~ti~'~.~i5~fI~~~!lital:~~~2;'~~1i,~i;:~f:~'t~m:'jt~:i~~~~j'9,];;~Sr~)fr[~l;t-;!'~l':;J LOS D E A DBA D D D. C' Baseline WllsonMlller. Joc. Synehro 6 !'leport . Page 1 111212005- 1466. Vor. 011- GJONES ~ -'~'1SAP.21MJ2 38 L ..' Agenda Item No! SA October 11, 2005 Page SS of 172 Appendix 0 . Immokalee Road at Oakes Blvd. 39 2007 Background Traffic lanes, VOlumes,'TimiqQs . . . .. . . .. .8:rmmokalee Rd:.&'tiakes Blvd, Q:\ENG\N0515-026':O:OO\SynChro fHes\Valewood Yiliaae 2007 PM Peakwrthout proiect.sv7 .J- -. ..... 0(' ...: 4.;..~ t ..~ \..~ ...' ~!'L""~ .... ~. ~{~;q~l ;' "hn""'" ":s'"' . 70th '~ii. Term Code Max. Max Maic M.il< Max Max 'C,oQrd . :'SOth '~lre .TeilTl Cod.' M.ix, Milx ~Max M.iix Max MoIxC o'ord M .1>< Coo rei' M..x Co'ord Ma)(: 'Max Max Hold. .Hold M ax.,.Co-ord M..>< Max M.IIx I:l.old Hold M.x Coord MlDC,CooicF Max .Cciord 'el" lIIi:104 210' 'me, #331 Jli4Js 275 11I.135- 112. .: .~~:,. )t(r Ig~" I... ,~<l.Q; Ii ',,'N. ',I'~D{ ,:"I'>\I:'l',',~rj,\r ~~lJ;<:)i ,~ . J~Y Nt:> ,,:~~~.;~.:: , .? , \ , rE.a ~;~~: 17 ,. Baseline WilsonMiUar, Ine, Synonro e- Report . Pail. 2 1I12/200S. ,_ v." 01l.GJOHEs c.o.oc:r N0515-D26-000- T$AP- 27602 39 :. ;, : , ,11212OQ5.'46888 Ver. Dll-GJOtEs CAkI N05,s.o_ TSAP. 27~ Appendix 0 - Immokalee Road at Oakes Blvd. 2007 Background Plus Project Traffic ~ '~, 0) 0,0') "=t" Nl( ~ 357~ > 12,47> ~ 3g0~' '. ' -0: ~, CD (jj (]) .;x: ro o iT ~8 < ' < 1166 < ~341 1f N<.o~ ,(() 0"),0') <n ',0') Agenda Item No. 8A October 11 , 2005 Page 89 of 172 40' 40 d ( ~ I ,I I j / ~ , J 1 . \ .' ( 1 , Ii .\1 U i ) U 1 1 LJ 1 '~ ~..,: , ~, Appendix 0 . Immokalee Road at Oakes Blvd. 2007 Background Plus Project Traffic ., \ \ . ':L'~h~~jV91~t#~~~;.'ftrr1't"g~' . . . . '~;lrrjmp~al~~.R~..&,Q~~e~;BIv.d, @~XENO\N051S::026-'OOOlSVl'ichro firgS\Vl;neWoodVlII~ci.~2007PM f.'eak:With F.rojec{'Sy7' . . :) .~ "'!!r. .:c ~ '~ ,t ',? ''?, ... ~;j 0'" '0 ~t~;I_Jl\f' 4:~ c:( ~~j~ 1'~ ~J:o~p.~'~t~,~7i: ~o' ,0, Ii 0- I "ii.~ ~..'f ,~~, .-:~~_t1nIlK, 'i;neuill: Factof<"fO;Q7. 0.tl1 .~f t,oJ"Oll'r1~~~3' ~':gy\..,~~~ .t,ooJ'oo .i~~::' 1[51 ;k~~~, ::::. . .':::: " ,~g~:=~'. .~:;:,. .... .. ' .'1 ~""~~II' l.~~ . I "."....r.I.... 'I-''''Iru' ~dh-_I".' ""'Y'.e~~s~.r-:"'.'l'IJ,~_.~,LII.is' .~~~' . 'Y*s . . .:. .. I II..... H'uQIN':'iiOlor "1.OlP \J~ 11o:'\;00:UIO'.,1'.Od, 1.00: 'hoo 1:00 ,~~Ot:l'>1.00,: 1.00' :' Lf~kt)rsu~~ :9Q5, e5~ ~ _ _ __'r~5 =. ~ . f?i'~~:; ~- 3Q"A..!J~1I"'1 .IIIJl;20 ~." .=:.. it 4~~~~~'I _~.~"'." r>tr "'J~e'rm ',PrOt . . '~.~m]iiI'.' _Y .. '=__= ljimlttlid p~ 1 H1~ ~. . . lit " :~. Te'. Jl Mlrie'~al c' JO~O ,15.0 16.010;()' "i1e;oh ~6,O:" 7-';cr 10.0 "7;,O:'10.0~, o~~'f"" I l ,""" l~" ::I"'~ : ~ ~: T.j)t',;iIS'llt 23,0 3.4:0 '3 ,0 2;.b40;0. ~';i:jo; 24.0 34.0 Q,O:~3j), : ,23~0 :0.0 Ma.lcfmihn()'feen, 17,0 28:0: 281) '23.03':a34,b, 1'8.0 28.0 '7,0.,17,0, ~~ IL~~~[~-:; Lta.d.'~."~.O..'.ti..m... Ize.? .If.'es:.. YIs. '. Y....'.' '.Yes '...' Ves Y.I'S."'. V..S' V.as . Y.'.' Y'u." ...~ " '. ,"'~~~...".~ -- ~'I'~- ReeallMcide .None. Non.., .:None' NClne N'on.. NOll.' Nene C:,Millic Non.'C.Msx .~ ~TL._; ..\.L.-..~ Act'EffCt~reen s: 17.Q 30.0 30,0 2/5.0 '37,1 '37, <!l3.0 30:0 28;1F19;0 .~. ' <vie Ratio 'O~Q" O.gs 0 .52 0.Q2 0.74 :0.1.3' 0.81 0.92 0.7e: 0.37 .-.~~- ,Queue D.ell .0:0 0.0 0.0 0.0 :0,0 '0:0,0,0 0.0 0,0. Oil . . ~'i_.' '~. '.~ ....-\-~_.. :LbS. ,D . ,E A E [)., B D ~ l> D ~. \': ~'oI~>I' J: f ,L F '~~"11tt "'>?- B.1$.-j'ri_ W11~o'n'MlIier. Ino. $}tnehro e ~eport Page 1 1fJ2I2OO5- ,_ VOIr. O1!.GJONES - _,S.~ TSAP. 27llQ2 Agenda Item No.' SA I October 11, 2005 Page 90 of 172 41 41 Agenda Item No, 8A October 11, 2005 Page 91 of 172 Appendix D . Immokalee Road at Oakes Blvd. 42 2007 Background Plus Project Traffic Lanes, Volumesj Ti;"irigS , " " ',',' B:lrnmokalee Rd.&. Oakes8lvd. Q':\ENG\N051S-026-000\sYhchro files\Valewoo'd ViUaae200t:PM Peak with p'roIect.sY7 .~ . ... '"\; -#:' 41- "-. '\,. f. I" >>. i . K ~*-_. .,'. oAAIP-"'lllr4::-;;---. ,.; -. -~ ~&i~~.., ,," ,', ,. .D ."" ,. ]!' ~',,~., ", ,.:' ~" muff.. 90th %ileTerm Code Mix 'Max Max' Max M~x MaxW.i*C'oord M.ilxCoord MJWi'11~hG.'1~~~al.ti.' .', ,,' " ',.,' ,.., '.. . 70th "l'lIeTerm Code MaxMa):c tVlax Max MaX Max Ma~ Coord Max Coord ~miiRiW{j'Ef_1~__E~~M"" 50th'"I'ile'TermCode' Max 'lu1a;i( . Max' Max Max Max MaxCOOfd Max Coord ~~~~N{~m~fi~", '. '.' . ' 3",lllh"l', neTer.m ~," '.M, lI~Ma~,' ,.Max Max,.Iut.ix, '. ,Maxc, oord ~ax Coord ~~. . ~ '..:J.Uftl~EiB.II . ~ '. .,,~ . 10th "l'ile Term Code Ga" Ma;i( Max Hold MaX Max Max C'oord ,'Coord ~"'~~~~:.pll{ .' .-' ", ~~~,t'[lQm.~ _ 11 _ ,.. , Queue Lenth Q5th ff '1e~ #462 70m#qo2. 334 m37 #368 #465 #16512S ram' .. '. ..: . T, urnS.iI Lenth ff ,375. 27_5460 300,' 100 . '., '" . I ' . " · '... " i;;~;;t.-~ =,taiv~ation,ca'~ Red~uctn 0 .0 ,0'0 ,0. 0 0 ~ 0:-, 0 ~1I1IlP"_"'~.t.~_.... Stcir:i!S'!p~uCtn' 0 0 ~ 0, .0. 0 0 0 0 0 ~11'lhI_~~~rt.-~-'-'~"'~ F~~_I!I~~ IF~l Q~a)I.\!.'I6f>!Y.!iim,l.!UJ~llt~ -,- - _ " . . iR\R . f"1CII:,.__~~ ~fe;e'tlCed to h.ilse 2:N~T.~ ~~d 6:SS.~L. Start ofGrun < ~ontrol T~~:ua~~~'~oordinated . enmrJ!!~BL~. , , _ - -~~~~Vlnrm~am-trTlt___~ Queue shown is maximum ..fter'tWo m!!s. ttfl~~.mm~m~g~~ilmll.m~~l~1fmt_~~~BJ~~~~~~ e: immokalee Rd. & Oakes Blvd, ., ;,3 .t.dl 't.~j .& 'il!iii( 118 Basf!!line WilsonMiUer, Inc. Syncl)ro 6 Report Page2 111~ 1_ Vor:011.GJONES c...o N05'~_ TSAP. 27502 42 Agenda Item No! 8A ' October 11, 2005 Page 92 of 172 C'I) '<t M "o:t l"- I") ~ ~ ~ 01 01 en ClC) C) C) C') (') (") M M M ('I) (") ::> > i 0 "* ti .!!! ce v "'" N :a M cc l"- v c:: N N en cc v M N c::> ::J C') V lU ... IX!. ... 8 N ... I!? ~ ~ N CI> 0 0 0 0 0 0 0 0 .... 0 E co (") CI> ,; > 0 E > ce "'" ,.., N .... M ce co g g> in N N en ce 0 "'" M en "e M "'" lD .... 1"-. >. N .a ~ lD m :; >. C III ll) ll) ll) I'; I'; I'; I'; I'; I'; "Q 0 0 0 0 CI> Q. .... .... .... .... .... .... :; .... .... ... .... ... .... ... .... ..... ... ... c:: {J. C 0 ::J ... (3 IS - N N N ClC) ClC) co l8 ClC) 1:: ~ co !!l l8 <<Xl l8 f8 ce f8 ce co 2:- '0 (Q It) ll) ll) ll) c:: CI> Oiii ~ E "Q 0 ~ lD E:t:: 0 :; en co co I"- ~ ... .s CI> t'J 0 c; 0 Cl a ~ .2! c:: "'" "'" ll) v "2 '2 Ctl .2 "Cl (J'J c:: 0.. .:.:: 8 0 CI> CI> :; . :; E C) 0) Cl ce 0 ClC) .... .... c:: '0 ~ N 0 ::: .5 0 "'" 0 I"- "'" ('I) .!!! .!!! '= III ~ a:I Cl It: W 0 8 ce (Q ce N ,.., 8 8 ... "- .~ c; cO 0 0 g M t'J N "! C'i "'" ~ ... g c::i 0 ..; ld '0 .... .... .... .... ClC) en ~ N N ..: N C CI.l .!!! ... ... .. .. Q. 11l III S ~ Q. ~ ce ~ .g >- ~ u <C I"- "'" C - ~ en N "'" M c:: lD C N .... :::J ::J .. C l:ll 0 0 OJ 0 ;; 0 0 a:l III CD OJ Q CD ... en 1Il en ~ ~ M <<Xl 0 0 .... 0 c.c <<Xl ll) "" .... .... 0 N N I"- OJ N M N ... .... CD 0.. , l"- ce ll) en ~ ('I) M u; ClC) 0 0 1El en ..- ... N ClC) C) N ... to .... ... .. ~ ~ " N J.~ I .. - i In '" r= OJ m-O ifl I ~ c () ::l1 E ~ u ::; u <: 23 '" ,g C t: '" 0 , >< 0 .... III L CJ UJ U .- u'a. u .... .L: U ~ '" '" I Q E a 'e > 0 ~ .... 0 w C'l 2 E a. j- t) DO Q., 2 c '" > c .~ t: r N CL I 0- 0 :;> I OJ "' '" ~ .:r .... c <:> l': :J .- > Ui .s 0 Cl 0 E 0 Cl rJ I N D..::J: '::2 E UJ E , (f. I, ""'" '" .... i <:> '" 0 I N Ll:: t- O I U ::... > (.J 0 E .2 I Ie "~~~IIIIII!I~"''''-- ...J f- en al z. :z Ll:: ...J I- ro III lD Z (/) UJ It: -1 ro ro (/) UJ l- Ll:: ..J III ro CD :!: ~: UJ W" ~ I .. fl , Appendix E . Immokalee Road at Tarpon Bay Blvd. 2004 Existing Conditions Ch N J .ltnmoka.l~e .Rd. . '- ' o CD ~ o e J:) ..c "t= o Z ""'-. '-75 ~ 1289 ~6 '112/200&- '_88 Vor: 01'. GJONES "-> N0515-028-CQO. TSAP- 27!lO2 I '0 , 332-?' 2011 ~ 103~ -0 :>. ffi ~ CO CO c o 0- ~. CO P" '~r dch,>> (O~T"'!" Agenda Item No, 8A October 11, 2005 Page 93 of 172 44 44 ".~n_e~;Vpi~rn.eS'i_i!ro!hg~~. . " .... " " ',1 ,,,5: j/!l~Pkai~~.;Rd, .&No:l'thhrookeor. G:\ENG\NQ515~026~QOO\Synthro fileS\Yalewood',v'lllaae.2004 PM Peak,.sy7 ~ .... ')t .... ,,-~ f It \f. ~. . " ~~~~ pi'''''''''''' '0'"",, 0 0 0 " r , t. _.~ '.'.' '"'' .C..'.'.fl. ,....'....tI: - L..n4F:on ur.. ons istor'-'e;L,nt; , 1'of..rLllit.Tlm'.r s'- r..-. ,'F'lt.p,iOt....a, . -~ ~Flt'DeiHlItteii' , .: rl! ~,. ~~ .... ' h....t.-.u.:r. 't1-:R. e~.' '. ....~~ ,Hea" "'1:,a'Oti'!; ~ LJrik'[)lstj;h='~fill ~:;h)' b r 'f I , , . , .I 1 I I ; 'cuito In Agenda Item No~ sA " October 11 , 2005 Page 94 of 172 Appendix E - Immokalee Road at Tarpon Bay Blvd. 45 2004 Existing Conditions 4:0' '0: 4.0 4.0 4,0 4.:0: 4.0' 4.0 4;0 4.b ''4.0 4,0 . 4~O' '0. -.,'1:00.. 0-,95 ~.~~ I ..\,~ 'Nllf O:.Q50. . &; , ,O,geso ~ -1-. .~~~ - I .v.a'" r~- ,..,., . . ,. .,. "',.iiO,.iiO "'lQeg; 332:2Q3~ '~03 8~~, . .~ ~ "26'1280'. .-.75- 301;, -2180 \11228 1 1 82 OC'21 '20 o. :0., 32c1' P:iOt Pebi\'Prot .Per'p,i;ri" Perm 4 e ':2 '''6 10.l) '2 ....1 MinrnititTf''1i'l'ltfil. s" '10:0 16';0 10.0 10,0 mr:o:>'1e,d 1'0, '10:0'10.0 '~:O::~:4g;O, 22~Ci'.22.Q22.0 .'o.t:f 0;0 12~O f ' I' i..' "43-:t:r':'i:l,t fltO' 18:0 'Ie.o 10,0' (1 I j , . ~ , " AI,"R"''CI'i'~m.s : "L...'d.i.:a"o' 'flmlZ.1 2.0' ;:,2;'0 2:0'. .. 2.0 2:0". 2.0 ',;2.0 2:Ct 2;0 Yes; 'Yes "'Yes "..Yes Yiis. .,y Is": 2,0' I l' 'i, Ll .Recall Mod'i -Non. Nitn._ 'Non. Non. ffonliNori., MIl(' :M.lX ax . 11.0'. -.11.0" '1'1'.0 '11.0 11..0' nO' Max '11:0' '11'.0' via Ratio 0.84 0;g7 0.11 0'.14 0'.8'9"'0'.'11.' f);13 0'.14 0';06' 0'.57" ., , ,~.l.i~D.=..ehj'_._~ .'O.OJti .tto. 0.00,6 0'.0' 'o~o.'. ~~.~ o.o'~ .' .._......""_o~o' .~'='~~~ii L.OSOC' A [) .C,A, . D [). B A. I : Ll i r ( .. u 2304 01.4 61.412.0' 43:3.'13:3 19.118.1.18.'1 18.1 ."', B:a$~line Wilsol'lt.4i11.r. 'Ino: Synohr06 ~'Port. 'Page 1 J . -1._ .1 ,: ~ i, U 1112/2~ ,_ Vor: 01 I. GJONES c.-. No5,s.o2G-ODll- TSAP. Z75D:! 45 I mj ". ! ,; , , : ') i I , i : I : " ) ( i, \ i .J.. ._!i. II f. L_1 ~ i t ,j t, Agenda Item No, SA October 11, 2005 Page 95 of 172 Appendix E . Immokalee Road at Tarpon Bay Blvd. 46 2004 Existing Conditions } L~M$;}{OI:lIrnes, Tirnitl.g8.;" .', '. .~; Jrni"(lO'!<alee,Rd,&',No.rttltJ:rQol<e Dr, ~Q:U:NG\N05i5~-o2a~OOO\S~chro'file$\\lalewood.Vlllaae: 200'4P:i91 P'eak.s'Y7' ..'"... If ...' ,... '" '~ ~. 0(', .;... . f ~'J .." '.~ I, H . . _, :'\/I.~,,~,.~.,-.Do1~~-I'-:.~ --..". - ~'..,t - ~.r..l..' ': r-~'r ~ 1-- '.~'L'O. S.. .... .... ,: :;. . -.i-... - ..&._.- gOth:"He'T'errn.Code 'fi4~ i.hOc' Max '~-'~'OUOfJ'I j'v-"""::.V"I~l 70th''li;lIeT-erm Code. . Max:', MaX' i 'ax ,q\:iA........... ,i '" "ISOth,' . ileTeim 'Ciloe', Max: M~ 'Max ili' I~ ~ n.,'. . M" n.. L'. ..' R' u' ....R. .ir' "IS. lVIax ,. "lIe:- IVISX ...,.X '...,ax .ma^" ~ ~~,~~ '. ~1~. ;Max . :M~ M.I>c.'M~lI(R"'h,faxa';MaXR ~~~'~',~~~'-.nw Max c' M~. Ma)cM:a~ ',UaxR "t:a~ 1; Mil)cR N: Malic~ ~~:: 'M~" l::!jl..~ ;l~, f1 ~/ll L ,~'~t' \ii;;"':. ; . :',::~i;, ~:--'I^ ". .j >i !.. ,.J11'. ~"r~t. lItt.:erm C:od'e. m G'jj" /'feifd' HQld Ski ' Mjji(., Mix' 'tV1lxR :'~~M.j~' 10ttT'~rr.reitrritod:~ . Gal ' M~ MiS< _~)'3l:l4"_,,g:S2 :25. ~:~~': ~..:_~ StlrYatIOri~R.ed. (lctn'o. . . .'0. () ..t~U- ,~~ian' l~~. O. , Ii S'I:lO/d"HOI~;'M"'-)(f'M:~~-'M~ ~*5j 32. .t5~ '~ - ~.~ '.1500 200. .' 1150 n' . ~ L, .- [ 111I III . 0.0..0' "0 0 0. J . 0.. ~o, .0' M'a~' . .14 ,~ .- IIi --1 > . k ..,. ~..f":l'"~ ~. - . jJ 0. ::{f -fI "i13~ '_; ~ ." ';: .~. Ie L.an ~.100.~ . ~ . . . . QJ'WII' _Ir.i1CiCl'.'...... . .. ::.., ..." '. . ,~..7":"'<~~~~". Maximum.Wo l"'iatlil:'O:Q7:' ".. ~~"'~~1~Il'i~.., ~""'" JMtlSeotlon:C... . 01 . ,.utlllzlijlon,e:3"'.', - - --. ~ i= lr ;;. : rf"1e~~~J~. ., , h..U. . "eLirlSeivioe'E:. I ',;t.t,6Ue.AOt~Cio. c' ..~ . .5o.t. ~. ~i.t4i'Act.U.'at~..c.l. e-:. '100 ..~-~ . ~- 10tti~ li.'AOKi ited iilclt;S4 ~.~ Iti.~""''i'~ c . ,aMT~..i, 'Q.'.ue. U. ISh.OWn.'. '.Iim.-.a)d. mu.m.-,'ft.~t1Wo..".~.. ..0.les... - .1!w~~~..Jlf'"""'1''''~-- ....n.'~~ - , . aiieil".shoW~.1S ~:axlrn.qlri'afteJ'~it-cyol~.." 5~\mmokileeRd~ &Noith;brook~.Dr" II~ ~ "~';t. "I .. " ,~ <: . . ~ ~ -i J ~, .-fv ~'~';'f""" , , " l~'.:- ~. '",.' .' ~ .' -, -~ 'rfo. ~ .... y ~ ~ " ,'~ "" .' ~,~ r ~ '. . j}':: . ~ I~""J" ~ f . I i U 118 " Baselif'lt: \/lIllsontu1'i1Jet. :hie. synchloe.Report Page 2 ; . I, i.~ i ! 1 ' L1 lf12J2005. 148888 \10<: 011. GJClNES c-. N051~ TSJ\P.27502 46 Appendix E - Immokalee Road at Tarpon Bay Blvd. 2007 Background Traffic ,.... 0') ("t) J ImmokaleeRQ. ....: Q ~ o e .Cl ..c t:: o Z ....... "-104 ~. oE-1796 ~36 ~... 4S2~ .~ 28Q1~ ...,~ 143~ 111:1/201)$.1_ Vor.01I.GJCmES "-> N051&.02t\.0(X). TSAP. 27502 . \J > fii ~ CU en c o 0- .... ~ 1~.r .~tb~ CONC'iI Agenda Item No! 8A' October 11 , 2005 Page 96 of 172 47 47 ~ . \ Agenda Item No. 8A October 11 , 2005 Page 97 of 172 Appendix E - Immokalee Road at Tarpon Bay Blvd. 48 2007 Background Traffic Lanes,'voiumes.Tirnings .... ...; ..... ., 5:ltTlmokalee Rd. & Norfhbrooke Dr. Q:\ENG\N0515-026-000\Svrichro file s\Val ewood Village 2007 'pM Peak without Pro!fid.sy7 ..1'...... '" . -( 4- "-. '\ t,. - '1. ~. ,.J .~ S~,> ~o ," 2?\5jopO" 300 1~p 0 0.. ,..: 01 ~ ".... ~~~ . . -.,. T.ot.a. r Lost. T~.~).'.... 4.0. 4..0. 4,0., 4.0 4,.0 4.0. .4~0 4,0. .4.0.. 4:0 4.0 4. .0. .~i1mf1ml~Jm~_mi.~~a~~. ~~iUi9 0 0 0 0 0.. ~i~ Lane:Util. Facto'r 1.00 0,91 1:00 1,00 0.91' 1,00 0,95 0.9\5 1.00 1.001,00 1.00 . ",. M '-:-@'i;I~ 'Fit Protected 0.950. 0.950 O,Q\50 0;974 ~'l:t).,:w;;~~~~ 111. ~:i>>l!ii~..IP...!tl1'~~~..og5l.til.9.. .\11 ; Fit I='etmitte'd 0.950 . 0.950 O.goO 0',974 ',~~Wl ., lfBI. ~iJ ''l!~Tum on Red . Yes Yes' Yes Yes '..~'."~'~.f".~IBalr.~ . '~. d.~ '. j:' acfo~r . ,'_-' <~,~ "..:.. ,~OO ....1:2 1,00. )1,00 1,00 1,Otr 1.00. rOO 1.00 1 ;00.1 ,00 " 1,00 ." ,00 ~~~-'nl~~"i.lJ[. ~'~_~ 'Link Dist~...:!1.ft)..;~_.~__.__19~~L_ . e90 .813 641 'jf~~--~RI_tiiAJ;& ~ v~. '. ,4e2 ~801 ,,",43 '36 "~96. ,t04. . a1'26 . 24 ~!> ~ 0 ,,397 !~-, _~~rt~~ ~;.L@..~!E~:'- 'If' 50~~0~1r 3g1~52 ~13e82a 26 . ,0 .0 432 ~i!))lt~~~,~~~__~ Tu~e Piot Perm Prot Perm 'Perm Perin CuStom i~t~m-~~~~-...III1Il~ Pe-rmlttedPhises. 48 2 2 6 "'~~"'_"'Nil!f '., ',", ... ]tQ~'Yl{;fiIll!I..~~ll:\i.~.' . . _ ~. =~'it~~~';~~T~~~trJ~t,10.0 ~o,o '. .1~& .~.'otaT::~.!~(~r~_'''V>'j::t&~;OT6f'O . 62.016:0 ~:O"~:0";"~O,.,:~2,O ~:o . 0.0,0.,0"",22,0, ltm~9r~..~~..~~lI.$iQ~~~~2~~~~~~. "Mir~Jt~~ll~~lt~~~R_~~ AII.RQd Time (5). . 2,0 2,0 2;0..2,0 2,0 2,0 2,0 2,0 2,0 2.0 ~p'-r~~1!M:;>1f&.,\.'i;"'r'r;;;"W~'''''~~~~t':'i,,~Y~__..'Z'lli\~~Il1k.~'~f<I~:i;lil;;'~~ 'g~'!51lb~il~~[4b~~..C!>~~...__;IiI'.~!'"II'l!"'''IU.~~.llIll~YS'iNllt:~'I!I!!l'~_~lii;.~Jllf~"'li:_f; '~i;~l&f;k~~~lJiif~}i~~~J'.li~$.&'~I~rO'f~7Q.l.JitQ'J.~-WJ\~f~, Re'call Mo'de NoheNone' None Notte None None Max Max . Max Max ...-.;c.....fF:......."-..,.'*.Ii'N'~~~~=~.-~,1...."""':.oel<>~a:'.rr.~,..,,""1I!6l:r'.,~..O;tllH1"'~.=!ilSI',f,~"9~.~1^""'""f;.~,~,.,i;jjJl...".. w.o1!J~;'.:.Un~{5J,l$r4.'l'i!}l,""'!;.w.>;:"l'>"'tl.,,3(?1~,;~l!.,'i9".;,~1IIlIm1if.~m~!!.i!',..Ar..r~'_.a;t,~)Q.tR:4I.!ii~..;~;,~!i'b.i;J;f;!,..;g19 FliishDontWalk(s) 11,0 11.0 11,0 11,0 11.0 11,011,0 11,0 ."''1)'.J'q:-~'''''",,, ',!>'j\'" t.'l"~'-".Mt""..I/o'i"~;;<"'\..'" '"iP"~'liI\7~,"","<iil1"iWl'b.=:'1o,'1:'SII~p'>~'~='''~;:';'''(;;''''''''~t'I'-i'?''~~~.\:..<t."1(!'.~'. i!;"""'. """-"'1";> E~\U;.~rlt,!ltJi'~J1~,(I!Lijt).,'l1<iil;'IH..:r:'~::",a{;il!;~'IiI,~;f,j:!l"~.i.!t~~il;l'if\W.lti~Y:ff~~~~Ji\W~~r\i.!ll1of';/i~;a~~?:'f.:'I<l"Tlttl\\~~~ Act Effct Green (s~ 29,0 64.4 64.4 12.1 41,0 41,0 18.018,0 18,0 18.0 1:\'1!fuit~'ij:azC:;ft~1J~';~Wi~~,~f~f~,4:~~.ID1~i~tl1~~Jr~~~Q1i1~.~HEfWip~iIUi;~~~;1%_~'\lU;irt~. 'IIle Ratio 0,98 0,93 0,14 0,20 0,94 0,16 0,19 0,19 0,08 0.72 Qlnlt~jJti>:~~,~,:e::<1':,;~;,;'~_jt43;;~~~?ir:;F;~~!lf'~~1f~~~~';~*~\i!\'i'~'~:t3~~16~~t.~i:1?;l:iW';~~~i1i~~'\~t.1a;lj Queue Delay 0.0 0.0 0,0 0,0 0.0 0.0 0.0 0.0 0,0 0.0 'fJjf.lrQ~f.w,~~?i' t~;r::p;''i1:'4ii...:g;~:i~l~~;~;~:1:M..~l3.~;i!~Z:~!;~j5Jl)V.:$~:~;;'?~~:$'iK!'W~,f'!i{;;~"*"~~;fi'~:jj LOS' E CAD D. ADD B B ~~,: .~, .;.~~-,.t ~t:r ~ : I" Baseline Wilson Miller, 'Ino. Synohro 6 Report Page1 1J12J2DD5-- 146888 Ver: 01!~ GJONES ~ N0515-<l2iHlOO- TSAP- 27502 48 L. Agenda Item NO? SA." " October 11, 2005 Page 98 of 172 Appendix E - Immokalee Road at Tarpon Bay Blvd. 49 2007 Background Traffic 'Lanes, VOIl/mes, Tlr:i11l1gs .' . .' .5:lmmokaleeRcJ. :&NorthbrOO"ke Dr. a:\ENG\N0515-tl26':OOO\Svnchro nleS\YalewOOdVlllage 2007 PM PeakWithouf-Pro;ect.Sv7. .)> ..... .':\.. ~ ..... "" f .~ \. ! '" ~roach Los. .C . D. . . C :a~_.... "90th 'l'i1e Term.Code.: MaK.Max ,Max MlIXMlIX' MIX MIXR MaleR MucRMaxR "--~""nRh.I~IIft.-"~~___... 70th.4iile Term eo". '. MaX': MllX' .Max'Max 'Max.' Mol)(, Ma)(R'MaxR MaxR MlIxR ~t~~~m'\""~_~."'"lJfi~IlIll-ITU ....t :50t~~n.Term'Cod.., MlIx:. lI!l,I)C, '1\1I1)'( MlIXMiix MlIX-.M,pCR' M.wxR MlIxR .ho1axR.' ._ff~II~''''7-~~ ~""~11~....~~;-~1 p-.lr.. 3Oth:%ii.. TeimCodl-; Max. fioid Hllld 'Ski' . Moix: MaX'. M..xR . MIXR M:'xR MaxR. Mai(R ,1otli%lle'TermCode-. MIX. Hoilf, Hold Ski tu1.ix Max'. M..xR'MaxR MaxR 29 55 "154;) 32' 71' 72 23 '~100' ~ole: 100 - ,.~ MaXimum Vlo Ratio; 0;98.' ... :-~___nruJIIT 11~~III".__...I.__ InteiS4lctlon ea' .01 utIUzatlonBo;S<4 ICU LeveiofS.IVlOfli;> ~'U~JL~-==. ~" . .~-,--,- 9~ .10th%lIeAotuated: c1e: 100 . -~. .~~~ Cueue shown is maXlmun'l after1wb . oles. ~...-, '.- '. - ,," ..,",-~. Queue shown is maximum after1woOyollis, ,27~ 500 300 1&1' '131 -"".~'t'jq.'-'.\ ~ I ~ ,.. , . I~ ,~< ii-1!:r.".l: ',' .~ ." :~ ': ,\' , ~ j,,/,:, \' .... ,;~ 'lJJ/':i,.,:\~,!.... 'S'ltS Ph :liDll and ase$:: ,- mmo II e.e 0 h roo I'. r. ~m2 .ra1 [.. " .,,!- ~a8 118 .7 5 I k I Rd &; N rtb k [) . Baseline WlIsontu1i1ler, Inc. Sytlohro e Report Page 2 111212005-'46888 Vor. O1I-GJONES ~ N()Sls.o26-~ TSAP- 27502 49 i. 1/12f2005.. 146888 Ver. 01!. GJONES "-' _'5-026-000- TSAP- 27502 Appendix E - Immokalee Road at Tarpon Bay Blvd. 2007 Background Plus Project Traffic Immokalee Rd. 462~ 2863~. -7 143~ /'-. J ...: Cl Q) ~ o o ~ ..c ..c t:: o. Z . "'C > m ~ CO CO c o 0. ..... ea t- - ~104 ~ ; ~1827 ~36 11[ ~c.o~ CONN Agenda Item No. 8A October 11, 2005 Page 99 of 172 50 50 Ag~nda Item No~ sA' October 11, 2005 Page 100 of 172 Appendix E .. Immokalee Road at Tarpon Bay Blvd. 51 2007 Background Plus Project Traffic ,Lan!'!s,Voh,lmes\Tirn:il'lg~ . , ........ . .'. ,5:immokaiee .R,~.&:Northbrooke Or, 'Q:\ENG\N0515-026-000\Svnchro f1les\Valewood Villaae2007 P.MPeak With ProJect.sY7' ~ ....... ti- " .", ."I u ~ ~ ~ U ~ ~. ~ ~ q ~g ~~ 0 0~~.;~;J; Une utll,"FICtor 1.00 ~.___j;OO 1~ 0.91 1.00 O.~ 0.95 1.00 1.001.0Cl' 1.00 fQMlf'II8iRf' ~ mI~_l'rtiIl ~__~ Flt.prot..cfe..d~._50_u ~.9el~0 . .0,0500.974 . ~~"Q~'i!2~""" 'Fit PermItted' 0;;50.0 0,050'O;974 ~\n', ' ','." "..,'.:,..., ' 'l'IT~BJo' 1/- . , 'g,lit Turn on Red Ves Yes'Yes Ye" :~.... . ..... ,..... ... Hudll\l 'F"icfor ;1.00 1,001'.00 1.00 ...00' 1,00 1;00 'LOO '1.00'1.00 ,1.00' 1.00 '~I.I~IIIIII.JI.~".l;" ;:.1- :~~lll.=~. Volume,,, h 4Cl2'28531A3' 351S27' 104 S1 '20 . 24. . Od 397' ma 502 3112 15e '39 19etl 113 e~ 28 2e 0 0''"132 Pi()t PermProt Perm :f>eilTf Perin Ousto m ~ .. 'Permitted P.h.s~ 4a .'2 2 a 18 ~~liil1f&"I_ tulltllr'rium'h\itllll. "'10.0', 1e.015.0 10.0'1'6.0"16.0 10.0' 10.0 10.0 10.0 ' . - M.I)(hljumGrl!~n $) . 27,0 56;0 56.0 10.0 3Q.0'3IHi 16,0' 16.016,0 .' -'15;0' ~., ' . ' . . ....~.. ...... ' U"~---, . - - .. " .~~. t- I ,," Atl-Red Time' 2.0'2,0' 2.0 . 2,0 2.0' 2;0 2;0' 2;0 2,0 2.0.' 'Le,d.L. '0' fllnlze'? Yes' .Yes Yes 'Yes Yes Yes '.; ~~,lI!\_~llil.~~~M -t, ." ,. -, . tt ~ . .1 .~~~..~I:!i.t~~~q~ ,ReealHlI1ode ,None. No'ne Nota. None N'one.None MIX Max Max MaX r,;~_--.m"--~'~~m'.!l:lt__I;It(ll'>\i~~,;IM,:'~ 'YV..~.~l!ir~_.~-'~~~~!ll~-'!~~~~~~~ug:l~)8~~~~~.w flash'" 11,0 11,0 11,011.0 11.011.0 11.0 11.0 ActEttctGre~n,~$~" 2~,O...~6~~ 1',,64,<;1;12,1, ~4J'0, 4;;o,,1e:~~18'9. 1>1~.H., . ,,1~\9, ~B~:mtl~H:~:ia~..~m~?ljOOlW'~li~m::i{!!lQf1f~tI:~b~S . vlo Ratio 0;98 O,~ 0.140.20 0,95 0.15 0,19 0.19 0,08 0;72 j:::~llf~~iD:~;W~~it'J~~~ifi!i~"~~llim'E~lm.~dJt~~_J\'i-~~l~j S~1~~:!!"~:~~Y7'(l~.,.".,~t;..'WJ~,gH..i7'J.' ';g 9,e,;Jr"". .,2.;g~g;'~'i~';~.l~~R",O,;,,~,-~r:[,"~i~.,..rri'\'. ~;;Q'''''I~"",.,.tb.~!M'tJ~~,i~' 'I: 9!i!.I,:.p~J.'!l~;rl;:1';7~1Iad~~1'l!'l!'JS:::t~f.:'!lR,::r,l>\i!',:~!,f.'''>rn'faN;~1''';''lIlH''''';:~fS'Ul!,ai1;:,'3R.1!:E''W'R,!''..w~!1al;l.;E;!:t.~;:'~Jl\1;'~1]n~IWm.>.l.!ll Los E CAD ,D A' D ~ a B Baseline WlIsonMIUer, l!'ic: Synchro 6 l3e~ort . ,Page'1 111212005- "'6888 Vor. 011- G.IOtles """'" N<lI51s.o:zs.ooo. TSAP- 21502 51 1 .',"... " Agenda Item No, SA October 11, 2005 Page 101 of 172 Appendix E . Immokalee Road at Tarpon Bay Blvd. 52 2007 Background Plus Project Traffic k,~ne$,:V;pllJr.n~SI'fim.i~,Qs' ',' .,,', ,,5,: Imm~k~!ee Rd,&'~o.rtt)tiro.OkeDr. . Q:\ENmN0515.026':OOO\Svnchro tiles\ValewoodVillage 2007 PM Peakwith ProJect.sy7 ;-~"""~'. '~r"; ,r J,~'dl!~ I"' 'jj 1: -,1"', J~',- 'J~I~ :.....:~15,7.-v;~~~c-~- ~-:~H~j~~;~l;; - ~. ~- '-;;--/~:}i~f-- -~l"~~ ~~~ 7~~(ii'~ -~_~~-~- --'--r'-Y;"~~ ..t ~ ~, ~ ~ , '\ t ,., 't.: J ,.., . . ' .' '~~,..!:2L-__ c D c__n__=_'~--_."- li.l~~I~_~"II\'iIIf/lllI~~b~Jtm ~_.... QOih ~lIe Te-rm Code - Max Max Max Max Max Max MaKR MaxR M-axR MaxR ~..LI.\"_w_r ~1i,~..ri~lIIlIIfJIf_lI'd:~~~ Ilr'WIIIR 70th ~i1e.T.rm Code, Max., Ji.4'ax 'M.ix 'MaX Max Max M~R M'axR M.axR MaxR ~~~~~~... .: , .M'"x.~~:,M_,~~~~__l.~'~~, Max H:old HQld Sk!,2 hAax" lVtax Mi)(R ,t.1~" MaxRMaXlt I .'~~'+r:MI'.1B!s ,...' Hold Skip : M~' Max.MaXR MaXR'MaieR M'axR. 1\IPBn 3055 #557 ,44. 7-1 72 23 '~'r L.... '50~~~1~i1IM ~~n ~... .~ 0 '~l t1 '~?J'~~ ~' 'e S~ducln Q. .0 00 O. '0,0 0 () ,m'~,;~ I '~-:-----"---'~_\~~~!II~"'_;_~"_':" ,-:i~{;;(~L ;',j'" ~~l!'~t'. l;3",~,:' .... r.,.,~ rl ~~,,"~~~'~r.r ;,'~41'!l;, ;t,.:l.:;~ l If~;'~r ',~ ..1 , ',~; " :';-.~.,~ l:1c1 ',~_~ ,-'.,~ _:. - ~~. .131 , :"'~'~(;I+ < ,i .;- ~ ;'Il.';-t< : - ~. ~:'l" , . , . ~'{?~J.~;c~ -. . . .~~~\f", ~-:,~-~~ - :. - ~- ~ . rye. ~-~ ,-- ~ -~ -r 'l~~I--:, --.-, W-;' .~ fill NaturatCycle:100" " ,.~~I~ M~fmum We Ratlci:c:Qa ' ~~.I.",. 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N0515-ll26-OOO- TSAP- 27502 52 Agenda Item No. 8A October 11, 2005 Page 102 of 172 c::.o~r c::.oun'ty ~ ~-- Memorandum To: Heidi Williams, Principal Planner, Zoning & Land Development Review From: Jean Jourdan, Senior Planner, Comprehensive Planning Department (Initial review by Glenn Heath, AICP, Principal Planner) Date: August 3, 2005 Future Land Use Element (FLUE) Consistency Review. (3rd Memo) Subject: PETITION NUMBER: PUDA-2005-AR-7152 PETITION NAME: QUAIL II PUD (2nd Resubmittal) REQUEST: Amend the Quail II PUD for the purpose of converting 21.74;:!: acres of commercial property to residential. The project site is currently undeveloped. The petitioner seeks to add 260 residential units to the PUD that is currently approved for 360 units, for a combined total of 620 units. LOCATION: The subject site is situated in Section 20, Township 48 South, Range 26 East, approximately 600 feet north of Immokalee Road (CR 846), adjacent to the east side of Valewood Drive. COMPREHENSIVE PLANNING COMMENTS: 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 of the Future Land Use Element's (FLUE's) density rating system (DRS), but may not exceed 16 units per acre. Under the FLUE Density Rating System, the subject property qualifies for up to 16 units per acre (see below), The petitioner is requesting 260 dwelling units (du) and indicates this yields approximately 12 du/a. However, staff finds that the actual requested density is closer to 11.9 units per acre. At a density of 12 units per acre, the petitioner could request 1 additional unit (for a total of 261 dwelling units). The Density Rating System analysis for the proposed PUD rezone is as follows: On CD Plus System Community Development & Environmental Services Division, Comprehensive Planning Department 1 Agenda Item No, SA October 11 , 2005 Page 103 of 172 4 du/a Base Density +3 du/a proximity to mixed-use activity center (at Immokalee Road and 1-75) +Up to 16 units per acre for conversion of commercial zoninq 16 du/acre Maximum eligible density (DRS caps density at 16 du/a) Staff notes that the Density Rating System would allow the petitioner to request the full 16 units per acre. Were the petitioner to do so, the subject property could generate approximately 348 units. The 260 dwelling units requested by the petitioner would bring the approved number of units within the PUD from 360 to 620. The entire Quail II PUD encompasses approximately 194,34 acres, The current gross residential density is approximately 2,14 du/acre. The petitioner's request would bring the gross density to approximately 3,20 units per acre, Review of PUD Document and Master Plan: 1. Objective 7, Policies 7,1 through 7.7, of the Future Land Use Element (FLUE) were approved on October 26, 2004. This Objective and policies adopt certain "Smart Growth" provisions into the FLUE, Relative to the proposed project, the following policies are applicable: Policy 7.2: The County shall encourage internal accesses or loop roads in an effort to help reduce congestion on nearby collector and arterial roads and minimize the need for traffic signals. (The PUD Master Plan proposes access/egress by Vale wood Drive and Commercial Drive to Immokalee Road). Policy 7.3: All new and existing developments shall be encouraged to connect their local streets and their interconnection points with adjoining neighborhoods or other developments regardless of land use type. (The project site abuts Valewood Drive to the west and north, developed residential lots to the east, and commercial lots (some undeveloped) to the south. All of the commercial lots abut Commercial Drive which connects to both Valewood Drive and Executive Drive, both of which connect to Immokalee Road. Based upon the surrounding land use pattern, staff does not believe vehicular interconnections with adjacent properties is necessarily appropriate, The petitioner states sidewalks and pedestrian connections will be provided. ) On CD Plus System Community Development & Environmental Services Division, Comprehensive Planning Department 2 Agenda Item No. SA October 11, 2005 Page 104 of 172 Policy 7.4: The County shall encourage new developments to provide walkable communities with a blend of densities, common open spaces, civic facilities and a range of housing prices and types. (The PUD as a whole will include a mix of unit types and densities, and open spaces-including golf course, lakes and preserves.) Note: The above policies are intended to "encourage" the use of smart growth principles in local development planning. The petitioner must address these policies by indicating whether, and to what degree, the project will adhere to the policies. However, adherence to the policies is not mandatory, CONCLUSION: The proposed PUD Document and Master Plan may be deemed consistent with the Future Land Use Element. PETITION ON CD PLUS CC: Randy Cohen, AICP, 'Interim Director, Comprehensive Planning Department Susan Murray, AICP, Director, Department of Zoning & Land Development Review David Weeks, AICP, Manager, Comprehensive Planning Department On CD Plus System Community Development & Environmental Services Division, Comprehensive Planning Department 3 WilsOnMiller~ ,.. New Directions In Planning, Design & Engineering Agenda Item No. SA October 11 , 2005 Page 105 of 172 PUDA-2005-AR-7152 PROJECT #19990179 DATE: 2/8/05 HEIDI WILLIAMS January 27, 2005 Ms. Heidi K. Williams Collier County Development and Environmental Services 2800 N. Horseshoe Drive Naples, FL 34104 RE: PUD Amendment Application Quail II PUD Dear Ms. Williams: Enclosed is JED of Southwest Florida, Inc.'s Application for Public Hearing for the PUD Amendment to the Quail I! PUD. This application requests the changing of 21.74+/- acres of land from Commercial to Residential R-1 as described in the application. The R-1 district was created to avoid changing the entire PUD and we have provided the appropriate developer commitments within the R-1 Section, We request an EIS waiver for the project as the land has been cleared, contains no listed species (based on 4 separate field visits) and is the subject of an existing SFWMD permit. At the Pre-application meeting we were requested to investigate the history of the property as it relates to clearing and past uses. See the attached exhibit and information supporting the EIS waiver request. Enclosed are the Application for Public Hearing, application fee of $9,836.00, Pre-application meeting notes, the PUD document in strike-through/underline format, Utility Provisions Statement, map locating public utilities and the SFWMD permit, boundary survey and PUD Master Plan. The EIS waiver application and the Transportation Impact Study are bound separately due to the different number of copies required. Please let me know if any additional information is required, Sincerely, ~. . Bruce E. TYSO~ ~ Senior Project Manager Cc: Andrew D'Jamoos Brad Guarino OffIces stratslllcally located to serv, our clients 800.649.4336 Naple$/CorpofBt, omcs 3200 Bailey Lane, Suite 200. Naples. Florida 34105 · 239.549.4040. Fax 239.543.5716 11201200S- 147239 Ver: 01,. BTyson wllsonmlll,r.com ..... N051 $-026-000- - 0 WlIsonMIII"rJ"f:. - FI /.Ie.' U;.r:nnn17n COLLIER COUNTY GOVERNMENT , DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NFf 6968 (i) Agenda Item No. SA 2800 NORTH HORS~E;&~!m~ NAPLES, FLORIDA 341 04 (239) 403-2400 FAX (239) 643- . . A.pPl.:.rC,tttfd>NJ.F()R'Pl:J'BLlCHEARiNG FOR C8J AMENDMENT TO PUD / D AMENDMENT TO DRI PETITION NO (AR) PROJECT NAME PROJECT NUMBER DATE PROCESSED ASSIGNED PLANNER [ PUDA-2005-AR-7152 PROJECT #19990179 DATE: 2/8/05 HEIDI WILLIAMS J Above to be completed by staff APpt.icA~T INFORM;t(TION . I APPLlCANT(S) VALEWOOD PROPERTIES. LLC ADDRESS 9130 Corsea del Fontana CITY Naoles STATE FL ZIP 34109 TELEPHONE # (239) 596-2733 CELL # ____________FAX # 596-3686 E-MAIL ADDRESS:bradguarino@iedflorida.com Is the applicant the owner of the subject property? IZI Yes DNo o (a) If applicant is a land trust, so indicate and name beneficiaries below. o (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below.. I:8J (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. o (d) If applicant if an owner, indicate exactly as recorded, and list all other owners, if any. . VIr. one. """'" Agenda Item No. 8A October 11, 2005 Page 107 of 172 D (e) If applicant if a lessee, attach copy of lease, and indicate actual owners if not indicated on the lease. D (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. Principals: Valewood Properties. LLC Elizabeth D'Jamoos 207 Caspian St.. Tampa. FL 33606 15% Jennifer D' Jamoos 5730 Marimin Dr.. Bonita Springs 34134 15% Andrew D'Jamoos 7465 Treeline Dr.. Naples. FL 34119 15% D'Jamoos Irrevocable Trust 9130 Corseadel Fontana Way. Naples. FL 34109 55% (If space is inadequate, attach on separate page.) . AGENT. INFORMATION NAME OF AGENT: BRUCE E. TYSON. ASLA FIRM: WilsonMiller. Inc. ADDRESS: 3200 Bailev Lane CITY: Naoles STATE: FL ZIP: 34105 TELEPHONE # (239) 649-4040 CELL # ________________FAX # 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. I PROPERTY INFORMATION PUD ORDINANCE NAME: Quail II PUD NUMBER: 82-20 (3) Detailed leeal description oftbe property covered by 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. . Ver. Of\&. . .... Agenda Item No. SA 'bl fl' h I I d ., O~Jober 11, 2005 NOTE: The applicant is responsl e or supp Ylng t e correct ega escrlptlon.FI~~l:SJ"S2 arise concerning the legal description, an engineer's certification or sealed survey may be required. Section/Township/Range:---1.Q/ 48 South/ 26 East Lot: __________ Block: _________ Su bd ivi s io n :_______________________________________________ Plat Book:~Page #:~Property 1.0.#: Lot 10 Lot 1 1 Part of Tract "B" 68815032056 68815032108 68815001003 Metes & Bounds Description: ---------------------------------------------------------------- Size of property: 1260+/- ft. X 1136+ / -ft. = Total Sq. Ft. ____________ Acres: 21.74 Address/f!eneraJ location of subiect property: 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 N/A/ ______/______ Lot: _________ Block: _________ Su bdivis io n:_______________________________________ Plat Book_________ Page #:_________ Property 1.0.#:___________________________ Metes & Bounds Description: ~ Ver: one.. ~~ Agenda Item No. SA October 11 , 2005 Page 109 of 172 DETAIL OF REQUEST TYPE OF AMENDMENT: o A. PUD Document Language Amendment o B. Development Order Language Amendment DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN? C8:I Yes D No If no, explain:________________________________________________----------------------------- HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? 0 Yes I:8J No IF SO, IN WHOSE NAME?________________________________________________________----------- PETITION #:________________________ DATE:__________________________ HAS ANY PORTION OF THE PUD BEEN 0 SOLD and/or C8:I DEVELOPED? ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? 0 Yes IZ5J No IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). 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 . ver:.on -.- AFFIDAVIT A enda Item No. 8A October 11, 005 Page 110 of 172 We/If ~~~e1:L__e'JA#l~p_-?___ being first duly sworn, depose and say that well am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, incfuding the discfosure 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 Well further authorize -2J~JI.k];~ff-!..-1:t2~__A_~~ to act as our/my representative in any matters regarding this Petition. Signature of Property Owner ~:JElha..c.-_ Typed or Printed Name of Owner Typed or Printed Name of Owner T~regoing instrument wa~cknowledged before me this ~__ day of _~~,J_____, 200 5__, by _,..._s..l~Ji~__who is personally known to me or has produced -----if-----------as identification. -. State of Florida County of Collier ,..... ~\\\\\"tl"""',1. -- . #x~Hw.~ <J l) kg ~ ~~:..........~S,y.~ J'" ' ~ ~ .':.\l\SSION..<-,'. :..\ ~ . X ~ ~. ~ ~ .~r ~ ' u .... .. <:P ~er 9 ~ e. _ ______~________ ________ ~ . ~ ~'b I ~~ -~ . "S- .. ~*f~~ ... '6>(II~*~ (Print, Type, or Stamp Commissioned ~a~e #00148738 j~~ Name of Notary Public) ~::;;.\.~. h.~~ ~ ~e'~?-~d~~~'~-~ ~,'.... '.' UllIIcU",w.'~. ,,:'~ ~ ,oGtJ> ......... c::f< ~~ "'II/. u'llC 51""ft. ~"" :fll'",iIlU''''\\\: Agenda Item No, SA October 11 , 2005 Page 111 of 172 COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET (i) 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 PUDA-2005-AR-7152 PROJECT #19990179 DATE: 2/8/05 HEIDI WILLIAMS r PRE-APPLlCA liON MEETING NOTES ,.~'d,' """. '~i,~r:lr.!?ti~I~.~I~t~:~~~,cll~~~,i."d .. Date: II q I 06 Time:;1: f S projed Name: Q,\...UA...L \ :rr: -Pvb Applicant Name:::S J) ;, "'.">:1 '.... .-..,.........'...~. .. .': .,.".'0" Firm: Bruce- \~...5<m Owner Name: ~~ Phone: Ce4-q - Cfo 'fa LLC Phone: Owner Address: City State ZIP Assigned Planner t-f~ (J)c!lL(~ l.i~:;;I_.i1\.;..';:I...It.~11 Submittal Requirements (refer to application for additional requirements) 24 Copies of the following: <0 1 additional set if located in the BayshorefGateway Triangle Redevelopment Area) g Completed Application . 07 Pre-application Meeting Notes B Conceptual Site Plan 24X 36" and One 8 V2 X 11" copy ~ : PUD document and Master Plan plus one 24" x 36" copy of the Master Plan 2 Copies of the following: o Deeds/Legals & Survey (if boundary of original PUD is amended) 'ff List identifying Owner & all parties of corporation . 'Er Owner/Agent Affidavit signed & notarized g Completed Addr.esslng Checklist 4 Copies of the following: ~. k. IL 0. . (,)s~, SvfP~ 00.1\'1 ,,,.(0 ~ ;gf Environmental Impact Statement (EIS) or waiver _ "rtu.rf...4-vuJ ~ ()JJ..4resr poi$l~ 0 0 t:.\c!.::....j..~' v'~~ '_~ O H" IS' 14.)1....e. per,... Istonca urvey or waiver request ~ Utility Provisions Statement w/sketches o Architectural rendering of proposed structures o Architectural Review required ~ Survey, signed & sealed g Seven (7) Traffic Impact Statement (TIS) "'" yvulveI ~ /1 ,/;)1/ j;Zll Five (5) copies of Recent Aerial Photograph (with habitat areas defined) min scaled 1" = 400' ~ One (l) Electronic copy of all documents in Word format and plans (CDRom or Diskette) ~ One (1) letter of no objection from the United States Postal Service. Contact Robert M. Skebe at (239) 435-2122. Fees: Application Fee: Agenda Item No. SA October 11, 2005 Page 112 of 172 D $10,000 + $25 per acre (plus Property Owner Notification fees) D $8,000 amendment + $25 per acre "8P Kr H $500.00 Pre-application fee (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-applicatio~ meeting will be required. Er $681.00 Legal Advertising Fee for CCPC meeting (to be reconciled upon receipt of Invoice from Naples Daily News). Ef $205.00 Legal Advertising Fee for BCC meeting D $1600.00 Environmental Impact Statement review fee '" Property Owner Notifications $1.00 Non-certified; $3.00 Certified relum receipt mail ( to be paid after receipt of invoice from Dept. of Zoning & Development Review $150.00 Fire Code Review $2,250.00 Comprehensive Planning Consistency Review Fee Total $ I.. . i'. .... .....,..,.,' '. : '. .' / ,'. ::,;;~:'.::~;::':'.;.,::',:.;},:j:~~";i:i.ii;;::::'..i\:';,;.I'J~lj~jlljii"\..:,'.i::;::)/. .... ". ...... '. . . ~~~m~~~.~b.~ . ftoU(QE? ':)Fwtnl:> PEomlT /y)()Do ~~ +(Z1,.1J - tt> - Jvpj~4 -fe." Co,vcv;(~;vcy IJf It.r]JC O~ frV4 v;?/7~~ tJ /l fJe/\. U,.,." t\. V\ V\ ~ ~ -.e-l ~ ' (e... vJ2.."'-'; to n o-P.Ct, I1'\. e'" ~~ ct \ "Z-o ru' II o a....V\ 7 ~ -t-t 0c4'1 u-9 C f ~ v..........i +C;/'( ~....;) b tL t I'~ +: T,~o '" Q. yo t '5 5.e:<! k"~ ot\l~ IL~~ ~:;;;, 41:, .-- , A\J. :;::p /H1't. dho.L ~ ~ - 25& (J>~ -~..e .~~~~~l~~~'~j~~'a 10 '. "":" ~~~:'.:;~;i;.F;;.:,:,<;'\11 '.. .,.'.,... ". ....,~,,,._, "v,. .... G:\CurrentIPre-App forms\PUD pre-app.doc Revised May 5,2004, rev, Oct, 15, 2004 (l) cc 16'., -g Q...U (l) 0) <( .:: : . ~.'::.;; ': .. ",;. ....:: '1.................:::;:.1" ,..,.... ". -' . -.. .'..~ :.~ .. . :~.:.:'.-:::;::;:~~ ".:::i::;'-'''i E" '1'" . : ",":.-. '."": . ';-.: .... .:' .,: "":;" '.,....-: '. ..... ..>.~ ....:-'1"..:....... '. ,-.::" '":'-: .:...:....:)..:'-~.. ;~: . . ~ '. ~"'V" "'" ." '.:. ," '. . -, ': .:: " .... ,-' E.....' .',. ,..... ... , '.-. .. . .~" '::.' ........ '::"',"':..:': ". ," ~.~. . . . '... ", .... .... ':: : - .' -.": .: :.. ":;:. >:'::~ ';. -.- . -." ..:. . " '-' . . '.. '-",.." : . -:'" . ". ..". ~ \n ...... . . \1 ~ .~ ~ - G; C r::: G) > E 0 c. m o .. e -; ~ \('\3:~ 0 \JJtuc u a~-g~ 'j- 0..9 ~ w~ = < m .~ C C 0_ 0- "'CI C 0_ o. G) ~ ~I o tn - II) ; ! E "'CI 1: "'CI C -<C a. _ CD 06 c ~ w tn E c :: - ~ :a M 0; ~ XI ~ ~ - z ~I z ... -<C CI> W-a .a ~D.. E l~~ ~ ~C) c -,- 0 ... e)~~ f - - - ... - - .... .. -. ".- ~':':". ;:.:g~]?( \~('.:; ;. ::... ....:.::.;\:;:: .. :...:....;:::::-::....-:-, .... ":> '...,..,>;>.~ 'E............... I!igl:;~ 11~1~'~1 . .:,~~-/':..i ',' ) - ~ ~ ~ ~ .2. ":->i:.::: :::::,,:,'. ;,:;,.>::'.:1: '<t Q (<) ~ :> e N Q !f2 co -0 ~ 'S: ~ o o "C tti w :c en z z C) ~ E J11 ~ ~ 7' u ~ C) . , - Agenda Item No. SA October 11 , 2005 Page 114 of 172 STATEMENT OF UTILITY PROVISIONS FOR PUD REZONE REQUEST 1. NAME OF APPLICANT: Valewood Properties, LLC 2. MAILING ADDRESS: 9130 Corsea del Fontana CITY Naples STATE FL ZIP 34109 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 4. LEGAL DESCRIPTION: Section: 20 Township: 48 South Range: 26 East ,,- Lot: Block: Subdivision: Plat Book 68815001003 Page #: Property I.D.#: 68815032056.68815032108. Metes & Bounds Description: See boundary survey 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM I2SJ b. CITY UTILITY SYSTEM D c. FRANCHISED UTILITY SYSTEM D PROVIDE NAME d. PACKAGE TREATMENT PLANT' D (GPD capacity) e. SEPTIC SYSTEM D 6. TYPE OF WATER SERVICE TO BE PROVIDED: a. COUNTY UTILITY SYSTEM b. CITY UTILITY SYSTEM c. FRANCmSED UTILITY SYSTEM PROVIDE NAME d. PRIVATE SYSTEM (WELL) I2SJ D D D '112006- 14n4S Ver: 011. JBROWN I), "5-02a.ooo. TSAF'. 27502 Aaenda Item No. SA Odtober 11 , 2Q05 . age 11S-.of172' - - --.......... :: = :: = = _----0 ------- :: :: QUAIL VILLAGE = ..,/ :: -...-- i-- ----.... LONGSHORE LAKES IMMOKALEE ROAD e QUAIL II PUD EXISTING COUNTY UTILITIES. MAP JANUARY 20, 2005 LEGEND 150 75 0 - - 61 SYSTEM VALVE S !'LUG VALVE . HYDRANT . MANHOLE - WATERMAlN . PUMP STATION __ FORCEMAlN . ~ ,- GRAVITY MAIN /- -" ./ --~..." ~ 150 300 ....iller IINDfIdlns In,..,..... ,...... Agenda Item No. SA October 11, 2005 Page 116 of 172 PUBLIC CORRESPONDENCE PUDA-2005-AR-7152 QUAIL II PUD The attached correspondence was received to be included in the public record. In the instance of petitions, an example is included with the tally of the number received listed below. 1. Letter from Attorney for Quail Creek Country Club (QCCC) 2. Example of petition circulated by QCCC and Longshore Lakes residents. They were signed by: a. 163 QCCC homeowners b. 579 QCCC members c. 70 QCCC employees d. 210 Quail Creek Village residents e. 143 Longshore Lakes residents 3. Example of proponent petition letter a. 9 were received from Longshore Lakes residents 4. Additional correspondence EDWARD K, CHEFFY BOARD CERTIFIED CML TRIAL ATTORNEY BOARD CERTIFIED BUSINESS UTlGATION ATlORNEY JOHN M. PASSIDOMO BOARD CERTIFIED REAL ESTATE ATTORNEY GEORGE A, WILSON BOARD CERTIFIED WILLS. TRUSlS & ESTATES ATTORNEY F. EDWARD JOHNSON BOMlD CERTIFIED WILLS, TRUSTS & ESTATES ATlORNEY JOHN D. KEHOE BOARD CERTIFIED CIVIL TRIAL ATTORNEY lOUIS D. D'AGOSTlNO BOARD CERTlAED APPELLATE PRACTICE ATlORNEY JEFF M. NOVATT DAVID A. ZULlAN KEVIN A. DENTI CHEFFY PASSIDOMO WILSON & JOHNSON ATTORNEYS AT LAW, llP 821 FIFTH AVENUE SOUTH, SUITE 201 NAPLES, FLORIDA 34102 TELEPHONE: (239) 261.9300 FAX: (239) 261.9782 E.MAIL: CPWJ@napleslaw.com Agenda Item No. SA October 11, 2005 Page 117 of 172 JEFFREY S. HOFFMAN BOARD CERTIFIED Wlu.s. TRUSTS & ESTATES ATTORNEY LOUIS W. CHEFFY BOARD CERTIFIED REAL ESTATE ATTORNEY USA H, BARNETT BOARD CERTIFIED REAL ESTATE ATTORNEY CLAY C. BROOKER ANDREW H, REISS WilLIAM J, DEMPSEY STANLEY A, BUNNER, JR. ERIN K. DEGNAN ANN HOWARD BANZET OF COUNSEl; GEORGE L VARNADOE August22,2005 Heidi Williams Community Development and Environmental Services Division 2800 N. Horseshoe Drive Naples, FL 34104 Re: PUDA-2005-AR-7152, Quail II PUD Amendment Request VIA HAND DELIVERY Dear Heidi: As you know, this firm is assisting the Quail Creek Country Club with respect to its concerns regarding Valewood Properties' petition to amend the Quail II PUD. Please find enclosed the following letters of opposition to the petition: 1. 163 letters of opposition signed by owners of property within the Quail Creek Estates neighborhood (located immediately north of the Quail II PUD); 2. 135 letters of opposition from owners of property within the neighborhood known as Quail Creek Village (located west of the subject property, across Valewood Drive); 3. 360 letters of opposition from Quail Creek Country Club members; and 4. 65 letters of opposition from employees/staff of the Quail Creek Country Club. Please include these letters of opposition in the public record associated with the PUD amendment petition and ensure that the Planning Commissioners and County Commissioners are apprised of their existence. Thank you for your assistance in this regard. CCB/mlb Enclosures cc: Client (without enclosures) F:\wpdocs\LlT\CCB\Quall Creek Country Club\Corres 05\Heidi Williams 8-22-05.wpd Sincerely, ~~h Clay C. trooker '" \ .. 'C.\);For the Firm ~~t~ ,. '"l\'\'~ .. f." t>.\\\-:, t - {o1 Agenda Item No, 8A October 11, 2005 Page 11S of 172 AUli I 8 LUU5 To: Collier County Planning Commission Board of County Commissioners I am opposed to the rezoning of Quail II PUD to residential with 12 units per gross acre. The Quail n PUD proposal is clearly not compatible with the three communities serviced by Valewood Drive and would significantly increase the traffic con~estion at the Valewood and Immokalee stoplight. I support the Quail Creek Country Club and the Quail Creek Estates Homeowner Associations position that a maximum of 6 units per gross acre, limiting the building heights to two stories (30 feet), a minimum unit size of 1600 sq. ft., aesthetic landscape buffers on Valewood Drive and adequate off-site traffic controls would be more in keeping with the surrounding residential communities. Sincerely, L~~ Name -; ';rk ~.f /'V-, . .~-<..~ Date f? // 7-/2... 5 . I / .:U RoLl,-- /;2.(113 (~~~ ()rf;L/f-C E- . \l~tE'\~Et) ~UG 1. ~ 1005 " ~,- FYl OUA& ~ PVOA..2 ?J_?4J~o. SA ~~Uber 11, 2005 Page 119 of 172 " / I REZONING ISSUE - YOUR HELP IS NEEDED The Longshore Lake Board of Directors has voted to support the request ofDaJamoos Developers to rezone the property on our western border along Valewood from commercial to residential status. Hearings are scheduled before the Pl~ning Commission on Sept. 1 and before the Collier County Commission on Oct. 11. WHY IS RESIDENTIAL ZONING PREFERABLE TO COMMERCIAL ZONING? The current owner of this property wishes to build a multi-family gated community instead of commercial buildings. In order to get support for rezoning he has negotiated in writing with our BOD to create larger setbacks than required, tall and lush landscaping. unique and attractive buildings with tile roofs. lower height buildings near our border. financial support for our lake maintenance (to which his property will drain), financial support for the care of Valewood, controlled lightin& "condo doc" restrictions on rentals. and other concessions. If this property remains commercial. any owner may immediately build with no further zoning approvals from any government body or concessions to the neighboring community. Developers will be permitted to build up to 50 ft. in height, and except for certain manufacturing limitations. they can install "Big Box" stores. and other potentially unfriendly businesses. While one-story offices would probably be a desirable commercial use. there is absolutely no guarantee that any such buildings would be built Given the increased value of property it is more likely we will see three-story stIUctures. A prime example of this is the new 3-story office building at The StIand right in the backyard of Carlton Lakes residents. The specter of light, noise, water. and odor pollution, ugly buildings. unrestricted transient traffic at our borders is very real. This will clearly lower the value of the properties on the west side of Longshore and negatively impact all our property values. Even a different residential developer may not be as willing to create as desirable a community on this land WHAT ARE THE CONCERNS EXPRESSED BY RESIDENTS? -----. IM.rI'J.Ct YS;ih<:med! Traffic wiD increase on Valewood-There is debate as to whether residential << commercial will produce less traffic but compared to the 5000 new units at Immokalee and Colliet: Blvd. Ava Maria, and the opening of Walmart this will be a "drop in the bucket .. Furthermore. the proposed condos are planned to appeal to higher income retirees and snowbirds (with price tags for the smallest units starting well above $400,000). These folks will probably not travel much during rush hour. No matter the outcome of these Commission hearings. something will be built there and traffic will increase. DENSITY! The developer is permitted 16 units per acre according to PUD rules. He is asking for 12 and will probably settle for 11. While a much lower density is preferable to Longshore residents and all other communities. it is not profitable for him to go lower than these figures. If the Commission requires lower density. the developer will be forced to abandon his residential proposal and revert to commercial use. COMPATIBILITY - PROPERTY VALUES! This development is designed to be upscale and is far more compatible with Longshore. the Meadows and Quail Village than commercial. This community will appeal to buyers who prefer condos to single family and will not compete with Longshore real estate. WHY DO WE ~ NEED TO HELP? Quail Creek ij$tates and Country Club. although not direct neighbors. want commercial because they feel it will create less traffic. They may ask for a density of 6 to force the developer to retract to commercial. They have signed petitions from their residents, social members and employees. They stacked the community meeting last mo~ which was interpreted by County staff that most folks wanted to retain commercial zoning. They have hired an attorney, have political influence. and have a Power Point presentation for the hearings. WHAT CAN YOU DO? (1) Individually lip the attached petition. (2) Attend the Town Ban Meeting at the Club at 7:00 p.m. on Aug. 30 and the PlaDnlag Commission at 8:30 a.m. on Sept. 1 to show large-scale Longshore support for residential. (BUlles will be prorided - contad Club for reservations). You do Dot need to speak. (3) Call, Emait or write county ...tr to do" your support for the rezoalng request. Heid.i WillialDS at Comm. Develop. and Enviro+rviees, 2800 N. Honeshoe Dr., 34104 - Jleidh,i1Jismllilmllienov.Det - 403-1400. --........ ~ ~. ~.:.,..,......If'....::.:' ,..,;c_ ~~_.~.::.~, ~ i I Petition to ADD rove Amendment to oun n PUD Agenda Item ~ '~~Of172 AUG 2 9 2005 ZONING OEPARTMENT Directions: . If you support this rezoning request, please have each individual member of your household sign a separate petition. Signed petitions can be brought to the Clubhouse (box inside or Residents Drop Box outside) or to the Town Hall meeting on August 30. If you would like someone to pick up your signed petition please call Marilyn at 594-5018. Additional blank petitions will be available at the Clubhouse or call Marilyn. The deadline for the return of signed petitions is August 31, 2005. Thank you for assistance in this effort to help protect the quality of life in Longshore. I, the undersigned-property owner/resident of Longshore Lake, Naples, FL petition the Collier County PI9.nning Commission and the Collier County Board of Commissioners to approve an amendment to the 194.34-acre Quail IT PUD requested by Valewood Properties, LLC to change the tIact designation of21.74 acres ofland from commercial to residential. Name Address P. Fl"A-~/f 1/11/ /taCk;.Iv ~..17() A, -"'? Ar~'".,~ C'I. IV'Al M ~ -l ~I/'l , J Date J> ./.7~7 - (;/ S" ~ Si ~ ~ /2' f("<a.~ -,"V_._ __. .__ - -- ~ 1 the undersigned property owner/~sident ofL~ngsho~' Lake, Naples, FL petiWe Collier County Planning Commission and the Collier County Board of Commissioners to approve an amendment to the 194.34-acre Quail IT PUD requested by VJlewood Properties, LLC to change the tract designation of21.74 acres of land from commercial to residential. /l N _ /J A~ddre' .y- j 7 CI /'-"'~~ (Y. ameT;tfR,C.IA /'fc C.ssIAI,V ~~ T..&-~3'11/9 Signature /J" L ~ L ' Date 70$' r.J L\ -1'1 c. 'I rn'LL " tf - .2.3 -os _. - ,~_............... Agenda Item No. 8A October 11, 2005 Page 121 of 172 WilliamsHeidi From: PGAPROLM@aol.com Sent: Tuesday, August 30,20054:14 PM To: WilliamsHeidi Subject: rezoning issue adjoining Longshore Lake residential properties We live at 11708 Longshore Way West Naples FI. We are very much opposed to having commercial property adjoining our residential area. Commercial property is not compatibile with our development-a very well maintained area threatened by noise, lights, gargage dumpsters, delivery trucks, security problems, undesirable drainage into our pristine lake and general unattractive possibilities. Traffic will be a problem which ever development is made. It is certainly more of a problem for us than folks who just use Valewood for entrance and egress but are not at all affected by actual boundary as the southern and western areas of longshore would be. Property values would be adversely affected as well as Quality of life, Please take these objections under serious consideration, We have lived here since 1990, enjoy our lovely lake and views and feel that the best use of this property is for the promised upscale development as presented. William C, and Nancy E Palumbo 8/30/2005 Quail Creek Estates Agenda Item No, SA October 11, 2005 PRECEf'VED AUG I 8 2005 ZONING DEPARTMENT August 15,2005 Collier County Planning Commission 3301 East Tamiami Trail W. Harmon Turner Building Naples, Florida 34112 To Whom It May Concern: Due to surgery, I will not be able to attend the Collier County Planning meeting to review the requested PUD change for the Quail IT property scheduled for August 18, 2005. As President of Quail Creek Homeowners Association, I have asked Bob Shafto, the President of Quail Creek Country Club, to convey our position on the above mentioned matter. Sincerely, ,1 uJ John Wooldridge President - Quail Cre Property Owners Association, Inc. 13156 Pond Apple Drive Naples, Florida 34119 Tel: (239) 594-6966 4886 Pond Apple Drive South, Naples, Florida 34119-8538 Fax: (239) 594-6968 Agenda Item No. 8A October 11, 2005 Page 123 of 172 WilliamsHeidi From: Peggy Ryba [paryba@swfla,rr,com) Sent: Tuesday, September 20, 2005 11 :14 AM To: WilliamsHeidi Subject: rezoning of Valewood Drive project We DO NOT wish to support the rezoning of Valewood Drive to residential. John and Peggy Ryba 11741 Quail Village Way Naples, FI 34119 514-0661 9/20/2005 Agenda Item No, 8A October 11, 2005 Page 124 of 172 ~ ",.,........~," ,~,.... ..~.,. .""..-,..'.,........'.. ,~...-..-~... 0', ',-, ..'_....._.~'._. RECEIVED Mr. Tom Henning Commissioner, District 3 3301 East Tamiami Trail Naples, FL 34112-4977 AUG 2 9 2005 ZONING DEPARTMENT Subject: Longshore Lake Town Hall Meeting Tuesday, August 29, 2005, 7:00 pm , . "."..,( c, f, 11 ,;~}-' Reference: Petition #PUDA-2005-AR-7152 Quail II PUD Dear Mr. Henning: I am writing on behalf of the residents of Longshore Lake to invite you to our Town Hall meeting to discuss the referenced PUD. Our residents favor the developer's request for rezoning from commercial to residential. We have been informed that the Board of Directors of Quail Creek Village has also voted for residential, The proximity of our homes to the forthcoming property development makes us the most affected by any decision reached by the Board of Commissioners, In this vein, we have been able to secure a number of concessions from the developer, Mr. Andy D'Jamoos, to support his endeavor, For your information, the developer has agreed, and Quail Creek Village concurs, to the following: . A reduction of density to not more than nine (9) units per acre, . No structure along our border to exceed thirty-five (35) feet in height.. . Install perimeter road bordering Longshore Lake. . A landscaped no-build buffer zone of at least fifty (50) feet from Longshore Lake property line. Such buffer shall consist of a mixture of mature canopy trees along our shared border to block sight lines from Longshore Lake. . Extend the existing wall along the border of Longshore. . Mr, D'Jamoos or his successor will provide monetary assistance for our lake maintenance to accommodate surface water drainage into our lake. Presently the drainage into our lake exists due to a Southwest Florida Water Management mandate. (There is also a fear that commercial will produce undesirable contaminants in the run-off drain water,) . Street lights to be hooded to reduce the effect on Longshore Lake residents. . Community should be gated for security, Longshore Lake Foundation. Inc, 11399 Phoenix Way. Naples. Florida 34119-8850 . 239.566,2304 . Fax 239.566.7594 Dear Fellow Residents: Agenda Item No. 8A October 11, 2005 Page 125 of 172 As most of you know, the Developer of the 21.7 acre parcel of land located on the Northeast comer of Valewood Drive and Executive Drive bas requested that it be rezoned from commercial to multi- family residential. A meeting to consider the rezoning was scheduled before the Collier County Planning Commission for August 18,2005, but was postponed at the request of the Developer to Thursday, September 1, 2005. The Developert s proposal is for 260 residential units, in 3 and 4 story elevator buildings, each unit having a 2-car garage. The site plan calls for the main entrance to be on Valewood Drive. Based upon a traffic engineering analysis prepared by Gray-Calhoun Associates, it is estimated that the proposal would generate 1465 additional vehicle trips per day on Valewood Drive. . .- Such a high density development in 3 and 4 story buildings is not compatible with the communities serviced by Valewood Drive and would significantly add to the congestion at the traffic signal which, as you know, is already over-burdened. Given the difficulty we CWTently have with existing traffic congestion. if this project were approved, our ability to get to and from work, get our children to and from school and other wise come and go on a daily basis will be much worse than it is now. It is our view that this proposal will substantially increase traffic on Valewood ~ which in turn would produce long delays at the traffic signal, and the resuh would be a negative impact on property values. The Developer has said that if he is unable to proceed with the high density proposal he will withdraw the rezoning request and develop it commercially. Since he has owned the property for over a year, he could have proceeded some time ago without the expense of rezoning or fighting with neighbors. It's likely that commercial development would be less profitable then residential. Many of you received an e-mail from the Longshore Lakes Board of Directors which incorrectly sets forth the position of Quail Creek Estates and the Quail Creek Country Club by suggesting that they would prefer a commercial development. Quite to the contrary, the Country Club and Quail Creek Estates agree with Longshore that residential is preferable to commercial. But, they believe the residential development should have a building height limit of2 stories (maximum of30 feet), a unit minimum size of 1,600 square feet and aesthetic landscape buffen on Valewood Drive, which would be more appropriate and compatible with the surrounding communities. We believe it is in our best interest to join Quail Creek in an effort to limit the Developers aggressive proposal. If you agree with this position, please sign the enclosed response form and return it in the enclosed addressed envelope. So let~s stand together, protect the value of our homes and ensure that the development of this parcel is completely compatible with our communities and impacts traffic minimized. Sincerely - Your Neighbors, Joe Doucette, Tun Hammer, Tom Glynn, Byrd Knauber, Tun Lindsey, Art Marcantonio """creating i""oI'ative b"siness J.E.D. OF SOUTHWEST FLORIDA, INC. Agenda Item No. SA October 11, 2005 Page 126 of 172 destill11 tions. August 24, 2005 To the Property Owners and Members of: Quail Village Longshore Lake Quail Creek Estates Quail Creek County Club Ladies and Gentlemen: JED of Southwest Florida has applied to the County to rezone the 21.7-acre parcel of land north of Executive Drive, east of Valewood Drive and west of Longshore Lake PUD from Commercial to Residential. The details of the process and some facts about the planning, transportation, and marketing of the proposed project are enclosed for your review. I would have preferred to provide you with a more consolidated version, but we need to provide enough information for you to understand the issues and make an informed decision. The County's rezoning process is thorough and applicants need to abide by their procedures and methodologies. The County's review staff has accepted our application, acknowledged that the proposed change is consistent and compatible with the regulations and is recommending approval of the rezoning. At the same time, we are listening to the various Associations. We are continuing negotiations with all of your Boards to deliver a set of development guidelines that is satisfactory for the entire community. Consequently, some of the statistics contained in the following information package may change. We thank you for you patience in this matter. A community meeting will be held at the Longshore Lake Clubhouse on August 30th, at 7PM. Please review the information contained on the following pages and plan on attending the Tuesday meeting. If you have any questions, please contact your Association Manager or Board member. 9130 Corsea del Fontana Way Naples, Florida 341 09 Phone: 239-596-2733 Fax: 239-596-3686 \vww.jedflorida.com Agenda Item No, 8A October 11 , 2005 Page 127 of 172 Quail II PUD Information Regarding the Rezoning of Existing Commercial Land Along Valewood Drive Updated, August 24, 2005 The purpose of this document is to provide residents of Quail Village, Quail Creek, Longshore Lake and members of Quail Creek Country Club information concerning the requested zoning change by JED of Southwest Florida, Inc., from Commercial (C-3) to Multi-family Residential. Currently, the property is within the Commercial District within the Quail II PUD. which allows C- 3 uses. General Project Information Statistical Property Information Land Area - 21.7 acres along the east side of Valewood Drive, north of Executive Drive Current Opportunities Under C-3 Zoning The following are some of the uses that are allowed by Collier County within the C-3 Zoning District: Apparel Retail Auto Service Stations Food Stores Health Services Museums Real Estate Services Veterinary Services Assisted Living Facilities Business Services Furniture Stores Insurance Agencies Post Office Repair Services Auto Supply Stores Child Day Care Hardware and Paint Stores Libraries Professional Offices Restaurants Desired Residential Program JED wants to change the zoning to residential in order to construct multi-family dwellings. The petition before the County requests the property be rezoned to allow for 260 multi-family dwellings (12 units per acre [UPA)) and a development called Valewood Village. Since the aDDlication was DreDared. JED has reduced the reauested density to 9 UPA or 196 units. The statistics provided are based on a multl-familv develoDment of 196 units. Consistency of Residential Density with County's Growth Management Plan The density request is consistent with Collier County's Growth Management Plan (GMP). The GMP allows for commercially zoned land to be rezoned to residential at the rate of up to 16 UPA. The request for 9 UPA is below maximum allowed in the GMP. The project is also consistent with the Transportation Element of the GMP. Compatibility with Neighboring Residential Development There are a number of factors that contribute to the compatibility of the proposed project to the surrounding development. Valewood Village is not required to have internal lakes in their project, as the existing storm water management system allows the flows from this project to be directed to the existing storm water management system in Longshore lake, The "rule of thumb" for stormwater management for development projects such as Valewood Village requires approximately 15% of the property be used for retention lakes or 3.25 acres of the Valewood Village project. At 9 UPA, 3.25 acres accommodates 29 dwelling units. Subtracting these 29 units from the requested 196 units (167 units) would mean that in comparison to other projects in Collier County that are developed at 9 UPA and have stormwater management lakes, Valewood Village would appear as a 7.7 UPA (167units /21.74 acres = 7.7 UPA) project. 7~ 155527 Ver. 011- BT,... CAN:I NOI51S-Q26.GOO. EPER- 2IMSO Agenda Item No, 8A October 11 , 2005 Page 128 of 172 Also contributing to the compatibility factor is the architectural quality of the proposed structures. Valewood Village is committed to providing quality multi-family structures. The project will be a gated community (with Board of Commissioners agreement) with substantial landscaping, walls and buffering which will contribute the "softening" of the structures as viewed from the project's perimeter. The 50' setback from Valewood Drive will contribute to the high level of ambience along this corridor. The existing wall along the longshore lake community will be extended to the north for uniformity. The request for Quail II PUD to increase the total number of residential units to 556 would equate to an overall density of 2.9 UPA within the PUD. Pelican Bay by comparison is a mixed use PUD that has an overall approved density of 4.1 UPA. Within Pelican Bay, high, mid, and low-clensity development successfully coexists. Having a variety of variable density projects within a large community usually contributes to a more vibrant, interesting and desirable living experience. Projects without variety tend to be more static. Most importantly, the project will not be commercial. The existing PUD zoning for the property allows for C-3, commercial and requires dimensional standards of the lDC to prevail. Assuming this land was used for an office complex, approximately 230,000 SF of 4 story buildings (up to 50 feet in height) could be placed on the property and would be reviewed through the County's Site Development Plan (SOP) process. In essence, there would be no compatibility discussion as the SOP is an administrative process. The residents in Quail Village, longshore lake, Quail Creek Estates, and members of Quail Creek Country Club would experience more than 3 times the amount of traffic during the PM peak hour from a commercial development as is projected with Valewood Village (336 commercial use trips versus 104 residential use trips). If maximizing the uses of C-3, to include medical and retail space, residents would experience over 6 times the amount of traffic during peak hours (672 commercial trips versus 104 residential trips). Potential Density of the Quail II PUD The entire Quail II PUD lies within the Urban, Mixed Use Area as designated on the Future land Use map. The PUD consists of 194.34 acres according to the Collier County PUD monitoring list. A significant portion (135.5 acres) of the PUD lies within the density band of the Immokalee Road -1-75 interchange Activity Center (#4). Density bands extend 1 mile beyond the center of an Activity Center and allow up to 3 additional UPA if the project area falls within the density band. The following is a compilation of the allowable density and intensity within the Quail II PUD according the GMP: Underling Density Density Band Bonus Overall intensity as potentially allowed in the GMP Total intensity of Quail II PUD with Valewood Village 194.34 acres at 4 UPA = 777 units 135.55 acres at 3 UPA = 406 units 1183 units 556 units Given the existing moderate densities of the surrounding developments, the fact the property could be administratively approved for commercial uses at a much higher level of impact, and that the overall total intensity of the Quail II PUD will be developed at 47% of the allowable GMP densities, by definition, the project will be consistent and compatible with the surrounding uses. Comparative Traffic Information The Wilson Miller Traffic Impact Statement (TIS) was prepared in accordance with guidelines developed by Collier County Transportation Department staff, and only after a methodology meeting with county staff in which all assumptions and techniques used were agreed upon. Agenda Item No. SA October 11, 2005 Page 129 of 172 At the site development plan (SOP) approval stage, the county's checkbook concurrency system is used to predict future traffic on any road segment. This system tracks existing traffic on the road and also accounts for any and all projects already approved whose traffic will impact a given road segment. No project is approved if any road's checkbook balance traffic volume exceeds the road's service volume. Predictions of road level of service adequacy at the rezone stage are irrelevant if the concurrency system indicates insufficient capacity available at the SOP approval stage. The Institute of Transportation Engineers (ITE) provides the trip generation rates used in the TIS. The ITE collects studies in which actual trip totals were compared against development size for a particular land use. Over time. the accumulation of such studies allows estimates of likely trip generation characteristics for a similar use yet to be built. It is true that there is dispersion in the historical data, i.e. trip generation rates do occur in a range. However, there is no point in analyzing roads or intersections for traffic based on rates that occur at the edges of the range, because the likelihood of their occurring is minimal. Instead, Collier County, and all such agencies. agree that the average of the rates observed, near which the actual rate is most likely to occur, is the best to use for analysis purposes. Public agencies around the state use just such a rate as the basis for their transportation impact fees. Analysis of operations at individual driveways is performed at the SOP approval stage. County staff may, and has in the past when warranted, request AM peak hour analyses. However, since the question concerning AM peak hour traffic has been raised, the 9 UPA project is projected to increase the existing exiting traffic from Valewood Drive by 63 trips or 11.5%. The project increases the entering PM traffic onto Valewood Drive by 35 trips or 6%. State law precludes Collier County from preventing development on any parcel. Their staff supports the application (at 12 UPA) because they acknowledge the reduction in future traffic the proposed amendment generates. Being professionals, they base their decisions not on what anyone "believes" the traffic is going to be, but on data provided by ITE, gathered in the real world. Residential Product Development JED's goal for this residential development is to build an exceptional community that respects the surrounding neighborhoods. The plan will offer future residents at Valewood Village a beautifully designed neighborhood that is safe and pedestrian friendly. The Product and Process The site plan and building design has not been completed due to the unknown quantity of units that will be approved for the project. Once the number of units is known, we will move forward on a specific design that best fits the property, complies with the negotiated agreements and is suited to market demand. We anticipate the total time from date of Residential Zoning approval to final house completion will be approximately 3% years or 2009. Commercial Product Development Probable Opportunities Assuming the zoning is not changed. JED would build the following commercial development on this property: . Approximately 70,000 sf of general office space . Approximately 70,000 sf of retail/restaurant space . Approximately 95,000 sf of medical office space Probable Construction Time Line The initial site development plan permitting would be similar to a residential project. The build- out time and absorption would probably extend the project another 2 years or to 2011. Agenda Item No. SA October 11 , 2005 Page 130 of 172 Comments and questions about the project . · "Traffic will be increased by a residential development." o Using Collier County Transportation criteria,-we have demonstrated throughout the rezoning process, that residential uses on this property reduce- traffic exiting from this parcel by 60% f as compared to office commercial uses. Applying the same criteria to a mix of retail, medical and office uses, the residential project reduces traffic by 81%. o Immokalee Road, from 1-75 to CR 951 is scheduled to begin the 6-lane expansion in 2006 and be complete by early 2008. o Development will occur on this property within the next few years and traffic, whether residential or commercial, will increase on Valewood Drive. "At these densities, you'll build a rental project." o A rental community will not be built. "Which is going to affect the community more, commercial or residential?" o A commercial development cannot create the positive community effect that a high quality, gated residential project will establish. Commercial projects with multiple tenants will not enhance the community as will a residential project with owners who will have a vested interest. Commercial development will attract non-residents onto Valewood Dr. This will probably create some nuisance at the existing security gates and could potentially create a security problem. "What will happen if the project remains commercially zoned?" o If a commercial development is built, it will contain approximately 30% general office uses, 30% retail uses and 40% medical office uses. "What types of buffers will be provided?" o When rezoned for Residential use, we will provide enhanced landscape buffers around the entire project. Buildings will be setback over 40 feet from the east property line (Longshore Lake) and 50 feet from Valewood Drive. Summary The goal is to rezone this commercial property to residential. We sincerely believe it is in the best interest of the residents of Quail Village, Longshore Lake, Quail Creek Estates, and members of Quail Country Club to support the rezoning. Negotiations continue to work with all the associations of these communities to come to an agreeable use and density. Additional traffic is coming to Valewood Drive whether it is residential traffic or commercial traffic. Agreeing to a reasonable density that will work for all parties is in everyone's best interest. GOODLETTE COLEMAN & JOHNSON, P.A. ATTORNEYS AT LAW Agenda Item No. 8A October 11, 2005 Page 131 of 172 Kevin G, Coleman J. Dudley Goodlette Kenneth R. Johnson Richard D. Yovanovich Harold J. Webre, III Edmond E, Koester Linda C. Brinkman Craig D. Grider Gregory L. Urbancic Matthew L. Grabinski Matthew R. Galloway Northern Trust Bank Building 4001 Tamiami Trail North Naples, Florida 34103 (239) 435-3535 (239) 435-1218 Facsimile RECEIVED JUL 25 2005 ZONING DEPARTMENT Writer's e-mail: ryovanovicMll.gcilaw.com July 20, 2005 Via Facsimile and U.S. Mail Heidi Williams, Principal Planner Collier County Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples. Florida 34104 RE: Petition No. PUDA-2005-AR-7152, Quail II Project #19990179 Dear Ms. Williams: As you know, we have been meeting with the leadership of the various associations representing Quail Creek, Longshore Lakes and Quail Village to discuss the above referenced PUD Amendment. The leadership of Quail Creek have requested that we continue the August 4, 2005, Collier County Planning Commission meeting and the September 13, 2005, Board of County Commissioners meeting regarding the PUD Amendment. We have been working with the leadership of Quail Creek in good faith to hopefully resolve any issues they may have with the PUD Amendment. In an effort to work cooperatively with the leadership of Quail Creek, we are requesting that the Collier County Planning Commission meeting be continued to August 18, 2005, and the Board of County Commissioners meeting be continued to October 11, 2005, We look forward to working with the leadership of Quail Creek over the next couple of weeks and will continue to address all reasonable concerns raised by the leadership of Quail Creek regarding t1ie.'pro"posed PUD Amendment. If you have any questions or need additional information regarding this matter, please feel free to contact me. Very truly yours, ~~'U ~ Richard 0, Yovanovich RDY:smc cc: Joe D'Jamoos Andy D'Jamoos Brad Guarino S:\DA T A\WPDA T A\L1TIGA TE\J ,E.0\7 -20-05williams.doc GRAY-CALHOUN ~ Gel Agenda Item No, SA October 11, 2005 TRANSPORT AllON ENGINEERINcfA<ND1 PfANNlNG Optimizing Your Mobility August 17, 2005 RECEIVED AUG 2 2 2005 ZONING DEPARTMENT Heidi K. Williams, Principal Planner Collier County Community Development and Environmental Services 2800 N. Horseshoe Drive Naples, Florida 34014 Re: QuaD II PUD Amendment (Application No. PUD A-2005-AR-7152) Proposed Traffic Impacts Dear Ms. Williams: As you are aware, Gray-Calhoun & Associates, (GCA), a traffic engineering and transportation planning company located in Tampa, Florida, is representing the Quail Creek Country Club regarding the Planned Unit Development (PUD) amendment for the above-referenced development. Our client has requested that we prepare trip generation analyses to show the impacts that may occur to Valewood Drive. Two conditions were considered: (I) the number of trips that may be generated by the existing developments within the immediate area that impact Valewood Drive and (2) the number of proposed condominiumltownhome trips associated with different densities (i.e., 4 units per acre, 6 units per acre, etc.). Attached please find an Excel spreadsheet which identifies the trips associated with the two conditions on a daily and AM / PM peak hour basis. According to the results, approximately 9,300 vehicular trip-ends per day may be generated from the existing developments. If the proposed amendment were approved and development was allowed at a density of 12 units per acre, then the condominium / townhomes would generate approximately 1,465 vehicular trip-ends per day, which results in nearly a 16 percent increase in traffic that may utilize Valewood Drive. If you have any questions regarding this matter, please do not hesitate contacting me at (813) 831-8870. 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"'" :$ i ~ r---- :: ~ !:: ~ :.: ~ ~ llo ~ ~ 'V \0 00 ~ ~ o ...., N CIOCl)Cl) o~~~~ <OCIO~~~ a- ...., r- "'" 0 _ <q' \0 l"' CliO ~ "'" .,.; ...0 r.: 00 ~ ~ ~ ~ ~ ~ ~ ~ ;n a- '" 00 :$ lr) ..... r- - ~ ~ ~ ~ 3 ~ ~ ~ ~ ; ~ ~ :$ r- a- r- 00 ~ ~ llo ~ llo ~ ~ ;:: :i ~ ... t ~ 8 .,; .. ...0 00 ~ ~ Page 1 of 1 Agenda Item No. 8A October 11, 2005 Page 136 of 172 Mr. Ross Gochenour Collier County Government Dept. Zoning & Land Services Div. April 3,2005 Re: Quail II PUDA-2005-AR-7152 _i' 2800 North Horseshoe Dr. Naples, Fl. . :.:r Dear Mr. Gochenour: Recently I had occasion to meet with Miss Williams with reference to the proposed Amendment to the above - captioned PUD Document whereunder the 21.74 acres would be revised from commercial to residential use. The initial concerns of the neighboring communities are as follows: I. Please refer to the third paragraph of Miss William's letter of March 7 in which she states that the change from commercial to residential would allow "an additional26Q family units".!n order to avoid any rrrisunderstanding, please clarify the total number of units which would result from this change in zoning. 2. Is garaging provided for one or two automobiles per unit? 3. If a traffic study has been made for this development, please provide a copy. 4. How does the change from commercial to residential Increase the pemrissible density allowance per acre under current zoning guidelines? It would be appreciated if your response were forwarded, at your early convenience, to the addresses noted on the attached listing. Sincerely yours, ~~-:J. ,dUA'<.4 ,....,'(.-/" / / James G. Summers l/ 11735 Quail Village Way Naples, FI. 34119 Sunday, April 03, 2005 America Online: Gloriasumm Robert Myers, President Quail Creek Village Foundation, Inc. 11744 Quail Village Way Naples, Fla. 34119 Robert Lewan, President Longshore Lakes Foundation, Inc. 11616 North Heron Drive Naples, Fla. 34119 Robert Shafto, President Quail Creek CountJy Club /3555 Rosewood Lane Naples, Fla. 34119 James G. Summers 11735 Quail Village Way Naples, Fla. 34119 Sunday, April 03, 2005 America Online: Gloriasumm Page 1 of 1 Agenda Item No. 8A October ii, 2005 Page 137 of 172 Agenda Item ~~.1. of 1 October 11, 2005 Page 138 of 172 WilliamsHeidi To: Janinedog@aol,com Subject: RE: Rezoning of Valewood properties between Mobil station and entrance to Quail Cree Dear Ms. Osborne, Thank you for your feedback on the proposed amendment to the Quail II PUD (PUDA-2005-AR-7152). I am going to print your emaH to include in our official public record, and will ensure that your letter is included in the agenda information provided to both the Collier County Planning Commission (CCPC) and the Board of County Commissioners (BCC). I also encourage you to attend the Neighborhood Information Meeting that the applicant is required .to hold, to learn more about their proposal. This meeting is not yet scheduled, but will be advertised according to Land Development Code requirements, There will be two public hearings where you can also express your opinion in person. These dates are set tentatively for August 4, 2005 for the CCPC and September 13, 2005 for the BCC, and are subject to change. Please feel free to contact me for additional information regarding this petition, Sincerely, 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: Janinedog@aol.com [mailto:Janinedog@aol,com] Sent: Thursday, April 28, 2005 11:42 AM To: WilliamsHeidi SUbject: Rezoning of Valewood properties between Mobil station and entrance to Quail Cree I want to voice my strong objections to the rezoning of this property from commercial to residential. It was my understanding that this property would be utilized for the construction of a shopping center or plaza, not for residential. We already have a traffic mess on our hands because of over development in this area and the allowing of someone to build several hundred residential units will only compound the problem further. I would think that the county would have gotten the message loud and clear by now but I guess not. The message is 'STOP IT We can't absorb anymore people in this area with the current and planned infrastructure. Why would you even remotely consider allowing this change? For once, just say NO to the developer, Thank You Noel Osborne 13156 White Violet Drive Naples,FI 34119 tel-239-566-9735 4/28/2005 " Agenda Item~~l of 2 October 11 , 2005 Page 139 of 172 WilliamsHeidi To: John Nelson Subject: RE: rezoning Good Moming, Thank you for your input on the propose~endment (PUDA-2005-AR-7152). I will print your comments to include in my official record for the petition, and these will become a part of the decision process. To clarify one point, I believe the fill and construction activity you are seei~g on the ~orth ~ide of Executive Dri~e is a legally reviewed and permitted operation to construct a dental office on land that IS to remain deSignated for commercial uses. I encourage you to attend the Neighborhood Information Meeting that the applicant will schedule in the near future, as well as the two required public hearings that are tentatively scheduled for August and September. More information on these meetings will be sent out closer to their actual dates. Please feel free to contact me again to learn more about the proposed amendment if you have any other questions or comments. Sincerely, 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: 239-643-6%8 -----Original Message----- From: John Nelson [mailto:jobenelson@earthlink.net] Sent: Thursday, April 28, 2005 6:31 PM To: WilliamsHeldi SUbject: rezoning WE HAVE LIVED IN QUAIL CREEK VILLAGE FOR OVER 14 YEARS. WE HAVE SEEN MANY CHANGES TO IMMOKALEE RD, OVER THE YEARS AND NOT MANY ARE FOR THE GOOD, EVERY DEVELOPER WHO WANTS TO PUT UP HOMES THAT ADD TRAFFIC TO IMMOKALEE RD. IS GREETED WITH OPEN ARMS AND TOLD TO GO AHEAD AND DO WHATEVER THEY WANT. AS WE ALL KNOW THE AMOUNT OF TRAFFIC IS TOO MUCH FOR THE ROAD TO HANDLE AND WE HAVE NOT HAD WAL-MART OR TARGET OPEN UP YET. ANOTHER CASE OF POOR PLANNING BY THE POWERS TO BE. NOW WE HAVE AN ANOTHER DEVELOPER WHO WANTS TO PUT IN MORE HOMES AT THE CORNER OF VALEWOOD AND IMMOKALEE. IT IS BAD ENOUGH TRYING TO GET IN OR OUT OF THE QUAIL CREEK NOW WITHOUT ADDING MORE CARS. NO MATTER WHAT THE DEVELOPER SAYS HE CAN NOT MAKE CARS FOR 260 UNITS BLEND IN WITH THE CURRENT TRAFFIC, ALL HE IS INTERESTED IN IS SELLING HOMES AND LETTING THE RESIDENTS FEND FOR THEMSELVES. ONE OF THE COMMISSIONERS RECENTLY STATED ABOUT ANOTHER TRAFFIC PROBLEM THAT THEY MAl A MISTAKE WITH IMMOKALEE RD, AND DID NOT WANT TO COMMIT THE SAME ONE AGAIN, IF THE PLANNING BOARD AND THE COUNlY COMMISSIONERS VOTE TO LET THIS PROJECT GO AHEAD IS SHOWS 4/29/2005 Agenda ItemP-age31 of2 October 11, 2005 Page 140 of 172 THAT THEY HAVE LITTLE REGARD FOR THE RESIDENTS AND MORE REGARD FOR THE DEVELOPERS. P,S. IT LOOKS LIKE THE DEVELOPER IS NOT GOING TO WAIT FOR A DECISION SINCE HE IS ALREADY DIGGING DIRT AND ADDING FILL. 4/29/2005 Agenda Item RageA of 1 October 11, 2005 Page 141 of 172 WilliamsHeidi To: Bobloch1@aol.com Subject: RE: petition #PUDA 2005 AR 7152, QUAIL 11 Dear Mr. Bloch, Thank you for your comments on the proposed PUD Amendment. I will put a copy of your letter in my file for the official public record, I encourage you to attend to NeighbOrhood Information Meeting, which should be scheduled soon, and the two public hearings which you will receive a notice about as well. Please feel free to contact me with any further questions, 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: Boblochl@aol.com [mailto:Boblochl@aol.com] Sent: Saturday, April 30, 2005 7:08 PM To: WilliamsHeidi Subject: petition #PUDA 2005 AR 7152, QUAIL 11 THIS PLOT WAS ZONED COMMERCIAL WHEN WE JOINED QUAIL CREEK, AND WE DID NOT CONTEMPLATE THIS BEING USED FOR HOUSING WITH THE ATTENDANT TRAFFIC THIS WILL GENERATE. 260 MULTIFAMILY UNITS WILL GENERATE APPROX 520 CARS COMING AND GOING EVERY DAY, USING EITHER VALEWOOD DR. OR EXECUTIVE DR. TO ENTER IMMOKOLEE RD, WHICH IS NOW NEARLY AT GRIDLOCK DURING CERTAIN TIMES OF THE DAY, EVEN WITHOUT THIS ADDED TRAFFIC WE NOW HAVE TO SOMETIMES WAIT AN INTERMINABLE LENGTH OF TIME TO ENTER VALEWOOD DR. ADDING THESE RESIDENTIAL UNITS WILL CREATE AN UNACCEPTABLE SITUATION FOR TRAFFIC IN THIS AREA, ESPECIALLY WHEN CONSIDERING THE INADEQUACY OF IMMOKALEE RD. TO HANDLE THE TRAFFIC THAT USES THIS ROAD EVEN NOW. WHAT HAPPENED TO THE "STOP THE UNNECESSARY GROWTH" POLICY????? ROBERT D BLOCH 239 594 9956 5/2/2005 Agenda Item ~3g8.4 of 1 October 11 , 2005 Page 142 of 172 WilliamsHeidi To: JOYBA8@aol.com Subject: RE: PETITION # PUDA 2005 AR 7152,QUAIL 11 Dear Ms. Barr, Thank you for your comments on the proposed PUD Amendment. I will put a copy of your letter in my file for the official public record, I encourage you to attend to Neighborhood Information Meeting, which should be scheduled soon, and the two public hearings which you will receive a notice about as well. Please feel free to contact me with any further questions, 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: JOYBA8@aol.com [mailto:JOYBA8@aol.com] Sent: Saturday, April 30, 2005 7:24 PM To: WilliamsHeidi Subject: PETIllON # PUDA 2005 AR 7152,QUAIL 11 THIS PLOT WAS ZONED COMMERCIAL WHEN WE JOINED QUAIL CREEK, AND WE DID NOT CONTEMPLATE THIS BEING USED FOR HOUSING WITH THE ATTENDANT TRAFFIC THIS WILL GENERATE, 260 MULTIFAMILY UNITS WILL GENERATE APPROX 520 CARS COMING AND GOING EVERY DAY, USING EITHER VALEWOOD DR. OR EXECUTIVE DR. TO ENTER IMMOKOLEE RD, WHICH IS NOW NEARLY AT GRIDLOCK DURING CERTAIN TIMES OF THE DAY, EVEN WITHOUT THIS ADDED TRAFFIC WE NOW HAVE TO SOMETIMES WAIT AN INTERMINABLE LENGTH OF TIME TO ENTER VALEWOOD DR. ADDING THESE RESIDENTIAL UNITS WILL CREATE AN UNACCEPTABLE SITUATION FOR TRAFFIC IN THIS AREA, ESPECIALLY WHEN CONSIDERING THE INADEQUACY OF IMMOKALEE RD. TO HANDLE THE TRAFFIC THAT USES THIS ROAD EVEN NOW. WHAT HAPPENED TO THE "STOP THE UNNECESSARY GROwrH" POLICY????? joyce barr 239 403 8283 5/2/2005 Agenda Item ~ageA of 1 October 11, 2005 Page 143 of 172 WilliamsHeidi To: Merkinag@aol.com Subject: RE: Valewood Properties - rezone Dear Mr. and Mrs. Goodman, Thank you for your comments on the proposed PUD Amendment. I will put a copy of your letter in my file for the official public record. I encourage you to attend to Neighborhood Information Meeting, which should be scheduled soon, and the two public hearings which you will receive a notice about as well. Please feel free to contact me with any further questions, 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: 239-643-6%8 -----Original Message----- From: Merkinag@aol.com [mailto:Merkinag@aol.com] Sent: Saturday, April 30, 2005 12:59 PM To: WilliamsHeidi Subject: Valewood Properties - rezone I am Arthur Goodman and reside at 12855 Pond Apple Drive east in Quail Creek Estates, I have lived here for some 16 years- When we purchased and encouraged our friends to purchase there was going to be a well needed commercial development on the land between Valewood Drive and the Mobil Station. It was a positive consideration in our purchase, Eventually businesses that might be useful to us and those of our friends who moved to Quail Creek Estates would be right at hand, The prospect of 260 residential units would likely have scared us away and had us buy somewhere else. At this time we are suffering with the unbearable traffic on Immokalee Road only made tolerable by the prospect of it being cleared up by the 2007 season, to add 260 additional residential units would guarantee perpetual traffic congestion and seems to be beyond the current road configurations ability to handle. Should this rezoning take place I am sure it would have a negative impact on the value of property in Quail Creek Estates, As such I must strongly oppose the prospective rezoning and request that it remain as it is. Thank you for your consideration Arthur & Lois Goodman 5/212005 Agenda Item No, SA October 11 , 2005 Page 144 of 172 Williams Heidi To: Subject: David E Tavel RE: PUDA-2005-AR-7152, Quail II PUDA Dear Mr. Tavel, Thank you for your comments on the proposed PUD Amendment. I will put a copy of your letter in my file for the official public record. I encourage you to attend to Neighborhood Information Meeting, which should be scheduled soon, and the two public hearings which you will receive a notice about as well. Please feel free to contact me with any further questions, 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: David E Tavel [mailto:ruthdave1@juno.com] Sent: Saturday, April 30, 2005 11:03 AM To: WilliamsHeidi Subject: Dear Ms. Williams: I have lived in Quail Creek Village since it was ago. I have always been of the opinion that the Drive and the Mobil station would be commercial. can stand another 260 multifamily units. There the zoning now. I will not be here for the meeting on August the 4th 2005. Please let the officials know of my feelings. I would hate to see things changed for the worse again. The traffic will just get worse even when Immokalee is widen. started over 16 years ground between Vale wood I do not think that we is no reason to change Thank you for voicing my feelings in regards to Petition PUDA-2005-AR-7152, Quail II. Ruth & David E. Tavel 11804 Quail Village Way Naples Fl. 34119 1 Agenda Item ~~A of 2 October 11, 2005 Page 145 of 172 WilliamsHeidi To: Jack Strom Subject: RE: Petition #PUDA-2005-AR-7152,Quailll Dear Mr. Strom, Thank you for your comments on the proposed PUD Amendment. I will put a copy of your letter in my file for the official public record. I encourage you to attend to Neighborhood Information Meeting, which should be scheduled soon, and the two public hearings which you will receive a notice about as well. The frrst public hearing is before the Collier County Planning Commission and the second is before the Collier County Board of County Commissioners. Please feel free to contact me with any further questions, 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: 239-643-6%8 -----Original Message----- From: Jack Strom [mailto:jacksaul@swfla.rr.com] Sent: Monday, May 02, 2005 11:46 AM To: WilliamsHeidi Subject: Petition #PUDA-200S-AR-7152,Quail II I have recently received information from your office that Valewood Properties is requesting a rezone from "Commercial" to "Residential" I cannot protest too vehemently against this rezone. I am a full time resident of Quail Creek Village.ln the four years I have lived here, I have witnessed the development of a terrible traffic situation. Had I known about this before mypurchase, I definitely would have looked elsewhere.lt's bad enough that the "Meadows" has crept into the scene and I realize that my neighbors are responsible for this tragedy, but hopefully we can prevent the debacle of another 260 family units imposed upon an already inadequate infrastructure. I would request that I be notified if a Planning Commision will come to pass in August and I will present myself to voice my objections vociferously. Yours truly: 5/212005 .. Mc;'Ssage Agenda IternHliKte8t>.of 2 October 11, ~005 Page 146 of 172 WilliamsHeidi To: Jim Gerali Subject: RE: Valewood Dr. Dear Mr, and Dr. Gerali, Thank you for your feedback on the proposed PUD Amendment to the Quail II PUD. I will ensure that your comments are retained as part of the permanent public record on this petition. I would encourage you to attend the Neighborhood Information Meeting that the applicant is required to hold. This is not scheduled at this time, but will be advertised according to the Land Development Code. You will also be notified of the two public hearings for the case, which are tentatively scheduled for August 4th and September 13th. Feel free to contact me again if you have any additional comments, Heidi Williams Heidi K. Williams, Principal Planner Collier County CDES Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 J?: 239-213-2993 f: 239-643-6968 -----Original Message----- From: Jim Gerali [mailto:wide3@earthlink.net] Sent: Tuesday, May 03, 20059:24 PM To: WilliamsHeidi SUbject: Valewoocl Dr. Heidi Williams, Principal Planner Zoning and Land Development Review Dept. Collier Count Government 2800 N, Horseshoe Dr. Naples, FL 34104 239-213-2993 Dear Ms, VVilliams, We live in Quail Creek Estates and understand that a developer wants to develop the property between Valewood Dr. and the Mobile Station on Immokalee Rd. east of Oaks Blvd. It is my understanding that he wants to build 260 multi- family homes there, To allow this would be insane, One developer is already building 65 town homes off Valewood, there is a Super Wal Mart and a Super Target going up on either side of 1-75 at Immokalee Rd" and there are 7000 homes being built at Immokalee Rd. and CR 951, When does this insanity stop? Is it when every piece of grass is replaced with concrete? It will look like Ft. Lauderdale before too long, First of all, Immokalee Rd. cannot handle this kind of traffic. Even when it is expanded next year it won't be able to 5/4/2005 . Message Agenda Itenf~~of2 October 11, 2005 Page 147 of 172 handle this traffic. We need 8 lanes now instead of61anes next year. Doesn't this county have a 10 year plan. We need to place a temporary moratorium on building homes (especially multi-family homes) until we have the roads capable of handling the traffic, The proposed development on Valewood would do nothing but exacerbate the existing traffic problem and lower our property values because nobody will be able to fit on Immokalee Rd. making it an undesirably congested area. We cannot get out onto Immokalee Rd, now, let alone with an extra 520 cars going to work and school. VVhen we bought our home here 5 1/2 years ago we were led to believe that the land in question was zoned light office - commercial. The area across the street from this proposed vacant land has been conforming to that zoning and has not added that much to the traffic, However, 260 homes with 1,000 people and 520 cars at a minimum would be a total log jam. We cannot get out onto Immokalee Rd, as it is in season. Please refuse this zoning change which only benefits some greedy developer and vote to protect the people who need traffic relief the most. Very truly yours, James A. & Dr. Pamela S. Gerali 5/4/2005 Agenda ItenflQ.g~sl;of 1 October 11, 2005 Page 14S of 172 WilliamsHeidi From: Carole Maturo [carolematuro@yahoo,com] Sent: Wednesday, May 04, 2005 5:48 PM To: WilliamsHeidi Subject: Resoning for Valewood Properties Follow Up Flag: Follow up Due By: Thursday, May 05, 2005 5:00 PM Flag Status: Completed My husband and [totally object to the rezoning of the land located between Valewood Drive and the Mobil Station, from Commercial to Residential. Rezoning to Residential for multifamily housing would have a disastrous impact on traffic, and would also be detrimental to our property value. There is enough residential properties being built on Immokalee as it is. Carole and Nick Maturo Quail Creek ~A Discover Yahoo! Have fun online with music videos, cool games, 1M & more. Cbec.kitQu.tt 5/5/2005 Agenda IterJNg~8A of 1 October 11, 2005 Page 149 of 172 WilliamsHeidi From: RBDiamond1@aol.com Sent: Wednesday, May 04, 2005 1:34 PM To: WilliamsHeidi Subject: Proposed rezoning-PUDA-2005-AR-7152, Quail 11 Follow Up Flag: Follow up Due By: Thursday, May OS, 2005 5:00 PM Flag Status: Flagged Please do not allow this rezoning to go through, It is not only an Immokalee Road traffic problem, although that is bad enough. There is substantial doubt that the 3 -Ianing that is planned for that road will take care of the problem, as It would appear that already existing building plans to the east will soon overwhelm the three lanes. I am also referring to the great difficulty, especially in season, that residents of Longshore Lake, Quail Creek Village and Quail Creek Estates already encounter in getting onto Immokalee Road from Valewood. This rather dense new addition will surely make an already difficult problem almost unbearable, Please don't let it happen. Ron Diamond 4325 Inca Dove Ct. (Longshore Lake) 596-3716 5/5/2005 Agenda IterrilN&esl\of 1 October 11, 2005 Page 150 of 172 WilliamsHeidi From: Karen Rada [klrada@swfla.rr,com] Sent: Thursday, May 05, 20054:17 PM To: WilliamsHeidi Subject: Petition # PUDA-2005-AR-7152, Quail II Follow Up Flag: Follow up Due By: Friday, May 06, 2005 5:00 PM Flag Status: Completed We are writing to express our extreme unhappiness at the Petition to build 260 condo's right on Executive Drive. This is the road that we use to enter Longshore Lake. Please note that we are not in favor of such a high density project being built where the traffic is already at levels that defy imagination. During season and it is becoming worse and worse in the off season, traffic grid locks are unbelievable. Thank you for your consideration. Karen and Warren Rada 11727 Pintail Court ,_ Naples, Florida 34119 5/5/2005 Agenda Item No. 8A October 11, 2005 Page 151 of 172 WilliamsHeidi From: Sent: To: Subject: Follow Up Flag: Due By: Flag Status: Nacrbcgo@aol.com Tuesday, May 17, 20057:53 PM heidiwilliams@colliergov.net> Rezoning Follow up Friday, May 20, 2005 5:00 PM Flagged Dear Ms. Williams: WE ARE AGAINST THE CHANGE IN THE REZONING BETWEEN VALEWOOD DRIVE AND THE MOBIL STATION. WE WILL HAVE THE MEADOWS EMPTYING OUT ON VALEWOOD, AS WELL AS THE VILLAGE, LONGSHORE, AND QUAIL CREEK. THIS AREA IF VERY POPULATED ALREADY, AND WE DO NOT HAVE THE ROAD SYSTEM TO ACCOMMODATE THE CARS ENTERING BOTH VALEWOOD AND THE INFAMOUS IMMOKALEE ROAD. HAVING COMMERCIAL WILL CERTAINLY HAVE LESS PEOPLE AND THE WEEKENDS WOULD BE FREE OF THEM. PLEASE CONSIDER VERY SERIOUSLY WHAT THIS CHANGE WILL DO TO OUR AREA AS WELL AS THE ADDITIONAL AUTOS TO ENTER IMMOKALEE ROAD. NO MATTER HOW MANY LANES ARE ADDED, WE CONTINUALLY ADD MORE HOUSING, OFFICES, WALMART SUPER STORE, ETC. WHEN WILL IT END? SHALL WE JUST SURRENDER EVERY PIECE OF REAL-ESTATE TO THE DEVELOPERS?????? THANK YOU FOR ALLOWING US TO ADD A VOICE TO THIS PROJECT. BOB AND NORMA CALLAHAN LONGSHORE LAKE RESIDENTS 1 Agenda Item No. 8A October 11 , 2005 Page 152 of 172 Heidi Williams, Principal Planner Zoning and Land Development Review Dept. Collier Count Government 2800 N. Horseshoe Dr. Naples, FL 34104 239-213-2993 Dear Ms. Williams, We live in Quail Creek Village and understand that a developer wants to develop the property between Valewoocl Dr. and the Mobile Station on Immokalee Rd. east of Oaks Blvd. It is my understanding that he wants to build 260 multi-family homes there. This would be extremely undesirable. One developer is already building 65 town homes off Valewood, there is a Super Wal Mart and a Super Target going up on either side of 1-75 at Immokalee Rd., and there are 7000 homes being built at Immokalee Rd. and CR 951. First of all, Immokalee Rd. cannot handle this kind of traffic. Even when it is expanded next year It won't be able to handle this traffic. We need 8 lanes now instead of 6 lanes next year. Doesn't this county have a 10 year plan. We need to place a temporary moratorium on building homes (especially multi-family homes) until we have the roads capable of handling the traffic. The proposed development on Valewood would do nothing but exacerbate the existing traffic problem and lower our property values because nobody will be able to fit on Immokalee Rd. making it an undesirably congested area. We cannot get out onto tmmokalee Rd. now, let alone with an extra 520 cars going to work and school. When we bought our home here nine years ago we were led to believe that the land in question was zoned light office - commercial. The area across the street from this proposed vacant land has been confonning to that zoning and has not added that much to the traffic. However, 260 homes with 1,000 people and 520 cars at a minimum would be a total log jam. We cannot get out onto tmmokalee Rd. as it is in season. Please refuse this zoning change which only benefits some greedy developer and vote to protect the people who need traffic relief the most. Very truly yours, Anthony and Carole Lipani 11835 Quail Village Way Na~,AOnda 34119 (it) ~ Creek Country Club Agenda Item No. 8A October 11, 2005 Page 153 of 172 REC;:::\l~D Il .~ ....f" :\... t ,. ...._ J~.:I- 0 ~ 7005 -7','" f\,: i h~(2; r";E p~, f~T~\:~E I~T ..~. _'1..'.- ..... July 6, 2005 Bruce Tyson Wilson Miller 3200 Bailey Lane, Suite 200 Naples, Fl. 34105 Dear Bruce, At the neighborhood meeting July 5 at International College to address the rezoning of a parcel of land located within the Quail IT Planned Unit Development, it was announced that this issue would be considered by the Planning and Zoning Commission on August 4, 2005. I respectfully request on bebalfofthe membership and Board of Directors of Quail Creek Country Club to reschedule this issue to August 11,2005, so that representatives of both the Quail Creek POA and Country Club can be present to address our concerns. (Z1y, PaW~~~' cct Managing Director Cc: Heidi Williams 2800 N. Horseshoe Dr. Naples, FL. 34104 Andrew D' Jamoos JED of SW Florida Inc. 9130 Corsea del Fontana Way Naples, FL. 34109 13300 Valewood Drive · Naples, Florida 34119 · (239) 597,2831 · Fax (239) 597,2757Owww.quailcreekcc.com Quail Creek Eslates Agenda Item No. 8'A October 11 , 2005 Page 154 of 172 F~ ;..~:~ (_.,~ '.'~'. .... .' "-. ~. > :.. .1..-. .; i ~ :"'-:~!' ~-.(r~. ~:~~T July 6. 2005 Bruce E. Tyson 3200 Bailey Lane Naples, FL. 34 112 Dear Bruce. The QuaiJ Creek Estates Buard Of Directors has asked me to request that the Planning Commission Meeting on August 4th be moved to August J I tho I am sure that the Board Of Directors from Longshore Lake. Quail Creek Village and Quail Creek Country Club would also welcome the date change. Your presentation at the meeting yesterday was very inl'ormative and am sure it was appreciated by all our residents. We anticipate a pleasant, continuing working relationship with both Wilson Miller and J.E.D. OI'Southwest Florida and greatly appreciate your attention to concerns or the residents in the Quail Creek Communities. Very truly yours. a:~CAM General Manager For the Board DLG/caw cc:Andrew D'.Iamoos Heidi Williams ff: Valewood Village Tel: (239) 594-6966 4886 Pond Apple Drive South, Naples, Florida 34119-8538 Fax: (239) 594-6968 Agenda Item No. 8A OCluber I I, 20o~ Page 155 of 172 Legendary Service Since 1958 J ohnRWood.com '-j ~ July 8, 2005 Collier County Current Planning Section Development Services Building 2800 North Horseshoe Drive East Naples, FL 34104 To Whom It May Concern: We represent the property knovm as Quail Plaza and are in favor of the petition, per the enclosed letter dated 7/5/2005. Sincerely, @LdI~ Phillip R. Wood President REALTOR@ PRW/jm Central Office Phone: (239) 261~6622 Toll Free: (800) 982~8079 Fax: (239) 261~4 7 46 International Affiliations Who's Who in Luxury Real Estate Leading Estates of the World 3255 Tamiami Trail North Naples, FL 34103 E-mail: jrw@johnrwood.com Agenda Item No. 8A October 11, 2005 Page 156 of 172 WilliamsHeidi From: BosiMichael Sent: Monday, July 11, 20058:29 AM To: 'bobesmith' Cc: WilliamsHeidi Subject: RE: Wilson Miller application for rezone 11160 Valewood Dr Mr. Smith, I have cc your e-mail to the County planner handling the rezone case (Heidi Williams). It will then become part of the official record and will be included within the rezone packet that both the Collier County Planning Commission and Board of County Commissioners receives. Oh course, that will only be a letter of objection on the record, if you want your voice heard more pronouncedly, I would suggest a call to Commissioner Tom Henning, District Three Commissioner ((239)774- 8999). -----Original Message----- From: bobesmith [mailto:bobesmith@stny.rr.com] Sent: Sunday, July 10, 2005 10:23 PM To: BosiMichael Subject: Wilson Miller application for rezone 11160 Valewood Dr Good morning! I got your email off the Collier web site.... I hope you can help. I was sent a letter by Bruce Tyson project manager at Wilson Miller which states they have submitted to the county for a PUD ammendmentto allow 21.7 acres to be rezoned C to R-1. (68815001003 -11160 Valewood DR) They were having an informational meeting etc. I emailed them asking for more info since "this snow bird" could not attend a July 5th meeting and I also mentioned to him that most of the snow birds probably could not attend. Well, I got my info in the form of two MS Office files just the other day. Now I would like to ask...how do I provide to Collier County my disapproval of the zoning change. My property is in Huntington lakes and as you know... traffic on Imokalee Rd is herendous. We simply do not need more multi unit housing in this close to 175 area. Target and Wallmart will only add to what is there now and the planned additional lanes do not extend to the subject area. The 30plus condo buildings of at least 4 units each will only congest more the OAK-IMOK area. If there is something I need to fill out I would appreciate your sending it to me. If there is someone else that needs to read this and respond to me I would appreciate your forwarding my email to that person. Thanks Bob Smith 1105 Sapphire Dr Endwell, NY 13760 7/1112005 Speed Letter (!) -44-902 . . S~ed Letter (!) ~ To(l~~~./~;;;,,<rt~~ From fjr'~/~/I/h~,fpt'}F ftr~~/+-V; ~~~i4J"~~?~" ~//7/J.z1, ~ .,td1.PAJfJUlJl#~/.Ih~-r #=#J;- ~'~~/-7'~~4j IItjPII:fIFu/2//J~ flJl/'~"r- Subject ~/: ?Ul>H--Z,/ItJ.r;,IIR-'7J,r~ No !ii' IOfOlC MESSAGE .-..:=:.. --. ~ Date ?t~~ S;gned p;.~~~ REPLY ~'} ,.- ,-,. ,- .' r ,- D lk t- t: . i.-- · "....f. C /l ~ I 1 1 2005 v_ ~ _ ZO~~:~,18 c:::rA;;ll.!Un ..No 9FOLD -No 1O~OtO Date Signed WllsonJones ~:J.PNtt ~DIHUSA Carbonless RECIPIENT -RETAIN WHITE COPY. RETURN PINK COPY 89 SENDER-DETACH AND RETAIN YELLOW COPY. SEND WHITE AND PINK COPIES Samuel M. Smart 11289 Phoenix Way Naples, FL 34119 (239) 592-00141 Agenda Item No. 8A October 11, 2005 Page 158 of 172 r~) r:- ,."'" .. "':... ~ ' Z(.":, "" Heidi Williams Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 34104 RE: Petition PUDA-2005-AR-7152 Valewood Properties, LLC Dear Heidi Williams, Some years ago when Immokalee Road was two (2) lanes between 1-75 and 951 (now Collier Blvd.) the then County Commissioner, Barbara Berry, spoke to the Longshore Lake Owners Association. The message: The County recognized that Immokalee Road had to be widened. Before the roadway could be widen to four (4) lanes, a six (6) lane roadway would be reQuired. Hence, Immokalee Road would be widened from two (2) to six (6) lanes. Years Later a four (4) lane roadway exists which was inadeQuate when completed. Traffic on Immokalee Road now exceeds capacity. Massive development has been approved at 1-75 and Immokalee - Wal-Mart and Target Super Stores plus additional retail spaces. A new condominium development is under construction at Valewood and Immokalee. An extension of Logan Blvd. Is to be constructed just east of Valewood at the entrance to Old Cypress providing access to another new community . Can further development seriously be considered along the Immokalee Road, 1-75 to Logan Blvd. corridor? Anyone responding "yes" should be condemned to living in the area. Inadequate aa:ess to Immokalee Road now exists for Longshore Lake, Quail Creek, Quail Village, and Old Cypress. Immokalee Road is the only means of access to the communities. Should an additional 260 units be approved? What scheme has been proposed to accommodate the traffic? Is Immokalee Road now to be widened from four (4) lanes to eight (8) lanes? What impact is expected from the Ava Maria University Development? The Planning Department and Planning Commission have an obligation to assure that adeQuate infrastructure is in place before development is permitted. Who would publidy declare that additional development can be allowed? Sincerely, --- -...:::.: -=- ~ Sam Smart Agenda Item No. SA October 11, 2005 Page 159 of 172 James A. Gerali 12856 Pond Apple Drive, West Naples, FL 34119 (239) 593-5766 FAJC(239) 593-5771 ''''.. ,._.~. :... .'~ ,. :-..') ,." ~ ., ^LOn5 J ._.' ~_ ~ r.; 'J. Z/_~ :.,~: ~,~ ~~ c; ?~~'"'' ~~. T r:.'~ :'fT July 9, 2005 Heidi Williams, Principal Planner Collier County Government Community Dev. and Environmental Services Dept. of Zoning & Land Dev. Review 2800 N. Horseshoe Dr. Naples, FL 34104 RE: Petition PUDA-2005-AR-7l52 Dear Ms. Williams, It was a pleasure meeting you the other day at the developers session at the International College. As I stated at that meeting, I thoroughly object to the requested change in land use of the Valewood Property from commercial to multi-family. The traffic on Immokalee Road would be so adversely congested that we would not be able to drive out of our own neighborhood. I also resent the scare tactics used by the developer to intimidate the residents of Longshore Lake. The president of Longshore Lake is under the impression that there are only two choices, being large commercial use of unknown proportions or multi-family 12 units per acre. In fact the county can still re-zone this property residential and limit it to 3.2 units per acre to coincide with the density of the rest of the PUD. If3.2 units per acre is good enough for us it should be good enough for him. I fully understand and appreciate the owners right to develop the property in question. It would be unreasonable to deny him this right. However, he does not have the right to trample on our rights to have a 3.2 density neighborhood. With the new Wal-Mart about to open, the new Target ready to proceed with construction, 7000 homes being built in the Immokalee Road CR 951 area and the already burdened Immokalee Road we would all be at a standstill. The widening of Immokalee Road to 6 lanes is 5 years behind the times relative to current development. It need 8 lanes now. Believe me when season comes it will be a total nightmare as it was last year notwithstanding the widening construction about to begin. . Agenda Item No. 8A October 11, 2005 Page 160 of 172 The developer bought this property knowing the zoning was commercial. Why not require him to develop it as such? If not, the only alternative I would find reasonable would be single-family zoning of3.2 homes per acre. Please help us save our sanity and keep this area from becoming the nightmare that is Ft. Lauderdale. Thank you. ~. /1 "',~S.in.ce /L."L/f ;2( ,. . l. , . , / James A. GeraIi '---- Agenda Item No. SA October 11, 2005 Page 161 of 172 WilliamsHeidi From: RBDiamond1@aol.com Sent: Thursday, July 14, 200510:57 AM To: WilliamsHeidi Subject: PUDA-2005-AR-7152 I am a resident of Longshore Lake and I am greatly troubled by the proposed addition of a 260 unit residential development next to our community. In season, it is becoming a nightmare to get out on Immokalee Road from Valewood in the mornings. Immokalee Road is frequently, if not constantly, backed up from the interstate at that time of day, not allowing us to exit to the right on to Immokalee, even when the light is green. The addition of this fairly high density development will make a bad situation just about intolerable. I am aware that, in time, Immokalee will be increased to 3 lanes each way. However, the on-going new housing developments to the east, plus the addition of Ave Maria (both university and town) will surely soon overwhelm the good that is produced by the additional lane. This is a plea to limit the density of the proposed development as much as possible, if the rezoning is granted. Ideally, the density should be limited to what exists now in the surrounding communities of Longshore, Quail Creek Estates and Quail Village. ANY development that adds more traffic to Valewood-Immokalee will make the situation worse, but if we can keep the density down perhaps we can live with it. I honestly feel that adding 260 units to a road infrastructure that can't really support what we already have is actually a "quality of life" decision. Ron Diamond 4325 Inca Dove Ct. Naples, FI 34119 7/14/2005 Agenda Item No. 8A October 11, 2005 Page 162 of 172 .Q. ,1~Th1~e< -,,;:,t,J;~~~ .",1'..;r;. [) :::'.. ,. ,-:': (") July 12,2005 ;:'JCS i....~; .~\ ~~ ~~ ~.~/ ,",,'~'; . :.,: ~ .~. Mr. Tom Henning Board of County Commissioners Collier County Government Center 3301 U.S. 41 East Naples, FL 34112 Re: Petition #PUDA-2005-AR-7152, Quail II Mr. Henning: By now you would have received a letter from Maj. Gen. Bernard L. Weiss, a resident of Quail Creek, dated July 7, 2005 expressing his concern on the subject PUD Amendment and mentioning his attendance at the Collier County informational meeting of July 6, 2005 held at International College. As President of the Board of Directors for Longshore Lake Foundation, I also attended this meeting. As to the consensus of those attending the meeting being against the amendment, I believe if you eliminate the shouting and rudeness, the majority of attendees, including those from Longshore Lake, supported the amendment to change the zoning from commercial to residential. I, as Longshore Lake's representative, informed Collier County Principal Planner Heidi Williams and the attendees that Longshore Lake favored the amendment. This statement was pursuant to a June 27, 2005 Longshore Lake Special Board of Directors' meeting specifically held to discuss the Commercial to Residential PUD amendment with our residents. At that meeting the Board and attending residents chose to support the developer, D'Jamoos on this amendment. The Longshore Lake property and homes exceed the combined residential units of the Quail Creek communities, and are adjacent to the subject PUD. Our residents feel they would rather be next to a residential area as opposed to some indeterminate commercial property. We feel the esthetics and security of a residential area is far superior to a commercial area. Of course, Longshore Lake would like to present a few ideas to Mr. D' Jamoos to help mitigate against the impact his PUD would have on our community. I agree with General Weiss that the traffic problem will worsen, however, the lesser of two evils would be a vote for residential. Longshore Lake Foundation. Inc. 11399 Phoenix Way. Naples. Florida 34119-8850. 239.566.2304. Fax 239.566.7594 .. Agenda Item No. 8A October 11 , 2005 Page 163 of 172 Mr. Henning, we look forward to your support in this matter and our subsequent need for an East and West egress on lmmokalee Road at Valewood Drive. Thank you for your attention. Cordially, ((#;ZZ~ Robert E. Lewan President, Longshore Lake Foundation Board of Directors Cc: Ms. Heidi Williams Principal Planner Collier County Community Development and Environmental Services Division Agenda Item No. 8A October 11, 2005 Page 164 of 172 WilliamsHeidi From: JPierce [Jpierce2@swfla.rr.com] Sent: Tuesday, July 19,20053:02 PM To: WilliamsHeidi Subject: PUDA-2005-AR-7152,Quailll Dear Heidi, We've spoken several times on the phone, but I wanted to go on the record that my wife and I oppose the reclassification of this land from to Commercial to Residential. When we built our villa in Quail Village in 1994 we were under the impression that this area was going to contain small shops and small office buildings. We were looking forward to this, as our home area would remain a quiet & laid-back place to live. If it is reclassified, that would be destroyed. It would be close to impossible to get out of our development onto lmmokalee road in the morning and when the high school lets out in the afternoons. By the way, the study made by Gus Summers on traffic is very misleading. He only addressed trips occuring during peak evening hours and that would not create major problems. It is the morning hours that would be most negative to us if there was a residential instead of a commercial development in place. It is the morning hours when most people will be trying to get onto Immokalee. Commercial business' usually don't open until 9AM and would'nt affect us. Thanks for your help and thanks for keeping us informed. Sincerely, Jon & Marilyn Pierce 11508 Quail Village Way Naples, FL 34119 7/19/2005 to ~d ~ Agenda Item No. 8A October 11, 2005 Page 165 of 172 M. L. Brownstone 11820 QuaU Village Way Naples FL 34119 Ph/Fax (239) 592-7930 c mail, vddubb@aol.com July 20, 2005 Via Fax 239 643 6968 Collier County Government Community Development and Environmental Services Division Department of Zoning and Land Development Review Attention: Heidi Williams Principal Planner ~ Dear Ms. Williams: Re: Petition PUDA-2005-AR-7152. Valewood Prooerties. LLC Thank you for your letter of 7/5/05 re the above petition which affects me directly as a resident within the Quail II PUD community. The above named petitioner is requesting an Amendment to the PUD Document and Master Plan to revise 21.74 acres of land trom Commercial to Residential use, allowing an additional 260 multi family residential units. Assuming car ownership of 1 ~ vehicles per unit, this would add 390 vehicles needing to access Immokolee Road on, if not a daily basis, Cl?rto::Jinly very frequently, Immokolee Road being the only way to get to any destination in the Naples/Fort Myers area. This is in addition to the new 60 unit residential development currently under construction at the southwest comer Of Valewood. I)rlve which would add, un the same basis of 1 % vehicles per residence, another 90 vehicles. In total there will likely be anott1~1 500 assorted vehicles attempting to access Immokolee Road at various times during the day. As a resident I can tell you that even with the existing traffic situation, attempting to enter or exit Immokolee to or from Va\ewood Drive is very difficult at any time, notwithstanding the traffic lights operating red/green at so called peak hours or flashing yellow at presumed off peak hours. Adding some 500 cars to the mix will produce a traffic nightmare. . 19W Noa~m 0E6Ll6!;6El 80:tZ l00l/Bt/lB Agenda Item No. 8A October 11 , 2005 Page 166 of 172 The alternative zoning, Commercial, contrary to what has been suggested, will result in less, not more traffic to the area. The property in question IS a second tier location and would result in the kind of strip mall development done just further west on Immokolee, whicll does not have the kind of concentrated enter and exit periods occurring with residents, who are either going to or returning from work or shopping resulting in bottlenecks early morning and late aftarnoon. " I respectfully register the strongest possible Objection to approval of the petitioner's request for an amendment. Sincerely, ~- 1". L,~~z:u M. L. Brownstone 11820 Quai I Village Way Naples FL 34119 ~ ~ ll::l 391y1d . 191'1 Noa^~m l::lE6Ll696El 8l::l:tl ll::ll::ll/8t/ll::l GOODLETTE COLEMAN & JOHNSON, P.A. ATTORNEYS AT LAW Agenda Item No. SA October 11 , 2005 Page 167 of 172 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 Matthew R. Galloway Northern Trust Bank. Building 4001 Tamiami Trail North Naples, Florida 34103 (239) 435-3535 (239) 435-1218 Facsimile Writer's e-mail: rvovanovichld)l!.cilaw.com July 20, 2005 Via Facsimile and U.S. Mail Heidi Williams, Principal Planner Collier County Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, Florida 34104 RE: Petition No. PUDA-2005-AR-7152, Quail II Project #19990179 Dear Ms. Williams: As you know, we have been meeting with the leadership of the various associations representing Quail Creek, Longshore Lakes and Quail Village to discuss the above referenced PUD Amendment. The leadership of Quail Creek have requested that we continue the August 4,2005, Collier County Planning Commission meeting and the September 13, 2005, Board of County Commissioners meeting regarding the PUD Amendment. We have been working with the leadership of Quail Creek in good faith to hopefully resolve any issues they may have with the PUD Amendment. In an effort to work cooperatively with the leadership of Quail Creek, we are requesting that the Collier County Planning Commission meeting be continued to August 18, 2005, and the Board of County Commissioners meeting be continued to October 11,2005. We look forward to working with the leadership of Quail Creek over the next couple of weeks and will continue to address all reasonable concerns raised by the leadership of Quail Creek regarding the proposed PUD Amendment. If you have any questions or need additional information regarding this matter, please feel free to contact me. Very truly yours, ~!:"() ~. Richard D. Yovanovich RDY:smc cc: Joe D'Jamoos Andy D'Jamoos Brad Guarino S:\DA T A\WPDA T A\L1TIGA TE\J .E.0\7 -20-05williams.doc July 22, 2005 Agenda Item No. 8A October 11 . 2005 AE(i)E4~ D JUL Z' 9 2005 ZONING DEPARTMENT .. Collier County Government Community Development and Envionmental Services Division Department of Zoning and Land Development Review Attention: Heidi Williams Principal Planner Dear Ms. Williams Re: Petition PU DA-2005-AR-7512, ValewoodProperties. LLC I understand that there will be a meeting August 18th at 8:30 am in regard to this change in development plans. Unfortunatly I will not be able to there in person. I want you to know my feelings. I have been a resident of Floida since 1982 and my Florida Address since 1987 has been 11804 Quail Village Way. When I moved in the traffic was a great deal differant. We were told that the ground under question would be commercial. I accepted that but now it seems the idea is to increase the traffic with the addition of 250 plus housing units. Enough is enough. You can hold this traffic down by keping the orignal plans that we were promised. This I think will also save the taxpayers in the long run. Thank you for your considerationto this problem. . ~ :7 < /~ ,~ ..;g David E. Tavel - Jl4n~~~.J-- ~ (7 t?' Page 4'69 of 172 2: c.$~r t:-ft:,;,-nk7 .J.~~' RECEIVED (:",. . Ik' t:. tiJ,4-'T.r h" / I' J'.I? a~ {;:. Pro ;Y 1+1' f/. JUL 2. 9 Z005 " , L 1'?'I"'''ty t?_'ter ZONING DEPARTMENT tJ""J~: fel l ~ 'rf.. ... -rl It .. a - r kn -7, ..a.--31f; ~,.r - (7I1M -;Jr, .J".lttt - 7 r.Q /Jeu' P/a.HH~i? ~~ ~N" L.. ,.../1"1/-/ II~ ftl'r M4 ~.../ r ',y/ ~y~ ~ /k rt;-"'V rwwt c::.--...;/~ r..r. U/ (jJ.,v t:....-.--- -' -- ~ ~. r/ e..-v,-J{; ,*- P1~ ""~ ~ ~. ./ ~'7 r;..t-,,/ tlrl.:e. 1h~r ~ -:7~~ /,/"",It,;v. "';' h{. ~-:L, /, ~,.j'7: fi #' ,-II 1,-Ar'/~ I- r~'-~ 4" "., A.~ __ '1'1 ,r.f I, J..... -/T tA/ ~../ ? .t~ p ,("r ...kf .1 ()VC4I,n<- -,#f"/~ I.-.f n<~ ...J..~f;7 ~U)(~...-v ~(t? 13 ;4:U P .JUf ...;,..~....;,,../J,. /7 rJIr. / Cp,,/) ,,#.....~ 1-, ,v.e.r I'P~ wur~~' tJe., 9'--t:i f ~ ~ .5"P" ~."I'fe ~ ,.,,,,,,,....,. -.-" A I I',t ,/' I 1,/ ~ I tiP" ~. '. t1.-n;;, uy ~// A- L-j r~ ~ ,.."., ~7- ~,,../ ..A-;~"~ ..,c.e.. ~ ~ ~ .......4<';/<e . ~ j,.;,j: V7~ ~ August 2, 2005 Agenda Item No. 8A October 11 , 2005 Page 170 of 172 Dear Quail Creek Country Club Member and/or Quail Creek Property Owner: Subject: Request to rezone the 21.7 acres of undeveloped land at Valewood and Immokalee Road to residential. This property is part of Collier County's Quail n Plan Unit Development (PUD) Master Plan. See attached map. The County's planning goals, objectives and policies, which will guide the Quail II PUD rezoning request, are set forth in the Growth Management Plan, the Land Development Code and the Smart Growth Principles of the American Planning Association. The Land Development Code indicates that any substantial amendment to the Quail IT PUD shall require the review and recommendation of the Planning Commission and the approval by the Board of County Commissioners if (1) there is a substantial increase in the impact of traffic generation or traffic circulation ~__and..J.2JJb!Lchange willbring abQucarelationship to a.n...abuttedJanduse that would be incompatible.... The Growth Management Plan describes rezoning as discretionary, not an entitlement, and indicates that the result must be compatible with surrounding residential densities. Quail Creek Estates and Longshore Lakes densities are in the range of 1 to 1 Y2 single-family residence units per gross acre. Quail Creek Village and the Meadows combined are approximately 5 units per gross acre. The proposed amended Quail II PUD rezoning to Multi-family condos of 12 units per acre is incompatible with the abutting communities and thus is not in compliance. The proposal also provides only limited and in our opinion, inadequate assurances for the maximum building heights, minimum landscape buffers, minimum unit size, and minimum off-site traffic controls. We have asked a transportation engineering firm from Tampa, Florida to estimate the traffic impact of the proposed rezoning, over and above the existing residential and country club traffic, on the Valewood and Immokalee Road traffic light. In addition we have retained Cheffy, Passidomo, Wilson & Johnson, a Naples law firm with experience in Collier County land development and rezoning. We've had and will continue to have conversations with the developer concerning the density and traffic tmpact of his proposal. We believe a rezoning to a maximum of 6 units per gross acre, limiting tire building heights to two stories (30 feet), aesthetic landscape buffers on Valewood Drive and a minimum unit size of 1600 sq. ft. would provide compatibility with surrounding residential communities. If we are not able to negotiate an acceptable and binding reduction in the proposed density, we plan to go in front of the Collier County Planning Commission, on August 18, and the Board of County Commissioners, on September 29, and present our arguments. We could use your help. If you agree with the above position, please sign and mail the attached document in the self addressed, stamped envelope ASAP. Sincerely, Bob Shafto, President, Quail Creek Country Club John Wooldridge, President, Quail Creek Property Owners Association ,. Agenda Item No. 8A October 11, 2005 Page 171 of 172 C"""""-""";_"'''''':'_-='~''''''l'_''''c',,''''''''', ................,.....,....._".. .,......._,..,""___""=_.....'.."""""......,"_..:_,._"..........,,,.__,,_,...._~..__..........._,,_...."""',~_. RECEIVED Mr. Tom Henning Commissioner, District 3 3301 East Tamiami Trail Naples, FL 34112-4977 AUG 2 9 2005 ZONING DEPARTMENT Subject: Longshore Lake Town Hall Meeting Tuesday, August 29, 2005, 7:00 pm .r:<"'~ ~O< , a -.J Reference: Petition #PUDA-2005-AR-7152 . Quail II PUD Dear Mr. Henning: I am writing on behalf of the residents of Longshore Lake to invite you to our Town Hall meeting to discuss the referenced PUD. Our residents favor the developer's request for rezoning from commercial to residential. We have been informed that the Board of Directors of Quail Creek Village has also voted for residential. The proximity of our homes to the forthcoming property development makes us the most affected by any decision reached by the Board of Commissioners. In this vein, we have been able to secure a number of concessions from the developer, Mr. Andy D'Jamoos, to support his endeavor. For your information, the developer has agreed, and Quail Creek Village concurs, to the following: . A reduction of density to not more than nine (9) units per acre. . No structure along our border to exceed thirty-five (35) feet in height.. . Install perimeter road bordering Longshore Lake. . A landscaped no-build buffer zone of at least fifty (50) feet from Longshore Lake property line. Such buffer shall consist of a mixture of mature canopy trees along our shared border to block sight lines from Longshore Lake. . Extend the existing wall along the border of Longshore. . Mr. D'Jamoos or his successor will provide monetary assistance for our lake maintenance to accommodate surface water drainage into our lake. Presendy the drainage into our lake exists due to a Southwest Florida Water Management mandate. (There is also a fear that commercial will produce undesirable contaminants in the run-off drain water.) . Street lights to be hooded to reduce the effect on Longshore Lake residents. · Community should be gated for security. Longshore Lake Foundation. Inc. 11399 Phoenix Way. Naples, Florida 34119-8850 · 239.566.2304 . Fax 239.566.7594 .. Agenda Item No. 8A October 11 , 2005 Page 172 of 172 . Covenants concerning rental of units to entail restrictions as outlined within the covenants of Quail Creek Village. . Units to be no less than sixteen hundred (1600) square feet. . Participation of the developer in the Valewood agreement. We presendy, joindy . with the Quail Cre~k communities, maintain Valewood Drive landscaping,. ~'.?~ rrngatlon and lightIng. ''''", These consider~tions would make the developer more compatible as a neighbor at an(r)O acceptable dens1ty per acre. .... Unfortunately, we are at odds with our neighbor, Quail Creek County Club and Estates, on this issue. There is a faction in Quail Creek that originally pursued commercial and now changed to residential, with the caveat of density not to exceed six (6) units per acre. At a previous meeting on July 20, 2005 with Quail Creek, the consensus was that eight (8) units per acre were acceptable to them. The developer has informed all of us that this was not economically feasible for him and if that becomes a dictate he will revert to commercial. As I pointed out in my letter of July 12,2005, the resident population of homes in Longshore Lake exceeds the combined homes of the Quail Creek communities. Further, we have twenty-four (24) homes abutting the border wall that will be adversely affected by any development of the adjoining property. Commercial strives for visibility, whereas, residential tends toward privacy and that is basically why our residents favor residential. As to the problem of traffic density, County and Sate transportation figures confirm that commercial enterprises generate more traffic than residential. Either way there will be more traffic for us to deal with, however, with commercial we will not get the considerations afforded us by residential. Mr. Henning, your presence at our meeting, comprised of Longshore Lake and Quail Creek Village residents, would highlight the County's involvement in this issue. In the past you have shown to be an impartial Commissioner for our district and we are now seeking your participation and cooperation. Cordially, ~vt.~ Robert E. Lewan Longshore Lake President CC: Heidi Williams Principal Planner Community Development and Environmental Services Division Agenda Item No. 88 October 11, 2005 Page 1 of 83 -- EXECUTIVE SUMMARY PUDZ-2003-AR-4493, Santa Barbara Landings PUD, St. George Group, Corporation, represented by D. Wayne Arnold, of Q. Grady Minor & Associates, P.A., requesting a rezone from Residential Multiple-Family-6 (RMF-6) to Residential Planned Unit Development (RPUD) to be known as the Santa Barbara Landings PUD for property located at the southeast corner of Radio Road and Santa Barbara Boulevard, in Section 4, Township 50 South, Range 26 East, Collier County, Florida. OBJECTIVE: The petitioner seeks to have land rezoned from its current zoning designation of Residential Multiple-Family-6 (RMF-6) to Residential Planned Unit Development (RPUD) for the purposes of developing a residential planned unit development at a density of 7.0 dwelling units per acre, for a maximwn permitted 291 dwelling units. CONSIDERATIONS: ...-.. The subject site consists of 41.6 acres, and has a zoning designation of Residential MuItiple- Family (RMF-6). The RMF-6 zoning allows a maximwn density of six dwelling units per acre. The subject site is presently developed with 248 multiple-family dwelling units for a density of six dwelling units per acre. The petitioner wishes to rezone the subject site from RMF-6 to Residential Planned Unit Development (RPUD) in order to build an additional 43 residential dwelling units for a total of 291 dwelling units. This will increase the presently approved density from six dwelling units per acre to seven dwelling units per acre. The subject site would be eligible for a total 291 residential dwelling units if this petition were approved. The petitioner is also requesting four deviations from the requirements of the Land Development Code (LDC), as identified in Section 2.14 of the PUD document. These Deviations are as follows: 1. Seeks relief from LDC Section 6.06.02.A.4 for sidewalks within multi-family site developments. The petitioner is seeking relief from the requirement to provide a 6-foot wide sidewalk on both sides of the street or a 10-foot wide sidewalk on one side of the street. 2. Seeks relief from LDC Section 4.06.02 Buffering Requirements. The petitioner is seeking relief from the minimum 20-foot wide buffering requirement for developments that front on a collector or arterial road. 3. Seeks relief from the Construction Standards Manual for Street Right-of-Way width. The petitioner is seeking relief from the required minimum 50-foot width for local road right-of-ways. .- PUDZ-2003-AR-4493 Executive Summary Bee Mtg. 10/11105 Page 1 of 4 Agenda Item No. 88 October 11, 2005 Page 2 of 83 4. Seeks relief from the Construction Standards Manual for Dead-End Streets. The petitioner is seeking relief from the required maximum length of local roads before providing for a cul-de-sac. FISCAL IMPACT: 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 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 (FLUE): The subject property is designated Urban (Urban Mixed - Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Grov.rth Management Plan. This district is intended to accommodate a variety of residential and non-residential uses, including mixed-use developments such as Planned Unit Developments. Relevant to this petition, this Subdistrict permits a variety of residential unit types at a base density of 4-dwelling units per acre and limited to a maximum of 16 dwelling units per acre, as allowed under the Density Rating System. Being located within a Residential Density Band, as depicted on the Future Land Use Map and described in the Future Land Use Element, this project is eligible for the addition of three residential units per gross acre. Therefore, this project qualifies for a density of 7 dwelling units per acre. Base Density 4 Dwelling units per acre Residential Density Band + 3 Dwelling units per acre Total Base Density 7 Dwelling units per acre Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the FLUE. -, PUDZ-2003-AR-4493 Executive Summary BCC Mtg. 10/11/05 Page 2 of 4 Agenda Item No. 8B October 11, 2005 Page 3 of 83 Transportation Element: The Transportation Services Division has reviewed this rezoning petition. Because only 43-residential dwelling units are proposed, a Traffic Impact Statement (TIS) was not required for this petition. The petition is located in a Transportation Concurrency Management Area (TCMA), and the proposed additional dwelling units would not result in an additional traffic volume that would exceed one percent allowable traffic increase for this area. As a result, this project is not projected to significantly impact any Collier County collector or arterial road segment, and therefore this petition is consistent with Policies 1.3, 104,5.1 and 5.2 ofthe Transportation Element. In addition, the applicant has agreed to donate an additional ROW comer clip that was identified as a need by the Transportation Services Division during the recent design phase. ENVIRONMENTAL ISSUES: Environmental Services Staff has reviewed the petition and has incorporated safeguards within the PUD document to insure compliance with the environmental regulations and is provided in Environmental Section 404 of the PUD document. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The EAC did not have to review this petition, because the proposed area to be developed did not exceed the 10-acre minimum area requirement. COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The Collier County Planning Commission (CCPC) reviewed this petition at their regular meeting of March 17,2005. By a vote of 6 to 2, the CCPC recommended to forward petition PUDZ-03- AR-4493 to the Board of County Commissioners (BCC) with a recommendation of approval subject to staff stipulations and the following conditions: 1. The construction of the eight foot in height wall along the eastern property line shall be completed when Tract "B" (the additional 43 multiple-family dwelling units) is completed, 2. Footnote 5 of Table I shall be amended to reflect "4 units per acre shall apply to Tract "8"", 3. Deviation # 1 shall be revised to provide a six-foot wide sidewalk, 4. The PUD document shall be amended to provide current Land Development Code (LDC) references and general revisions as directed by the County Attorney. The two CCPC members that recommended denial indicated that the project should have gone to the EAC. Because two Planning Commissioners recommended denial, this petition could not be placed on the Summary Agenda. LEGAL CONSIDERATIONS: PUDZ-2003-AR-4493 Executive Summary Bee Mtg. 10/11/05 Page 3 of 4 Agenda Item No. 88 October 11, 2005 Page 4 of 83 Staff completed a comprehensive evaluation of this land use petition and the criteria on which a determination by the 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 approval of petition PUDZ-2003-AR-4493 subject to the conditions of approval that have been incorporated into the PUD document along with the additional stipulations made by the CCPC as follows: 1. The construction of the eight-foot in height wall along the eastern property line shall be completed when Tract "B" (the additional 43 multiple-family dwelling units) is completed. 2. Footnote 5 of Table 1 shall be amended to reflect, "4 units per acre shall apply to Tract "B". 3. Deviation # 1 shall be revised to provide a six-foot wide sidewalk. 4. The PUD document shall be amended to provide current Land Development Code (LDC) references and general revisions as directed by the County Attorney. PREPARED BY: Michael J. De Runtz, C.F.M., Principal Planner Department of Zoning & Land Development Review .- PUDZ-2003-AR-4493 Executive Summary BCC Mtg. 10111/05 Page 4 of 4 Item Numbl-r: Item Summary: MHting DM.: Agenda Item No. sa Octot)Af 11, 2005 Page 5 of a:i COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS BEl Thr8 Item reqUires that all parti(.>jpanti b~ IiIwom In and SIC parte dilclosure be provided by CommIssion membefli. Slnta B;rbara Landings PUD, St Georg~ Group. C/.lrporaUol'I, represented by D. Wayne Arnold, of Q, Grady Minor & As$ocIIlIU, P A, requeM1ng G tezone from Fluidenllal Mulllpte-Family.€) (RMF -6) to Re$identl..i Planned Unit (}e'Valopmi&nt (RPUDJ 10 bft known at. the Si!lnta Bl!lrbarl!lllnding$ PUD for property located at thft southeast corner of Radio Road end Sllnta Barbera BlHilal/0rd, in Ser,tlon 4, Township 50 South, Range 26 Ea!'lt. Collier County, Florida 10/111200$ 9'00:00 AM Chief Planner "".. Apllrond By Ray Bellows CommunIty Oolloiopment & Envjronm9ntal krvlcltfi Zoning & land tH\I&lopment Review 9120J2005 5:2"4 PM D... ApproYd B,. 6l1ndr.. UtA Euc.utlve StCrtlrary Community Davalopmtnf & Community U&l/ttIopmtnt & El1Y~runmel1taI9.rvlcelll- Envjrcr~ma:nlal ServlcRs Admin. 91%1120061:13 PM Allllroycd By ""to Constance A. Johnson Operations AnalY1t Community DIIVftIOJ;lm6/'lt & Community Oav&lopfMnt & Envlrot1menlGl S.,.rvlc\IIs Env!ronmenUiI S&rvlce," Admin. fH22fZQOI3:SS AM Approved 8" 0... PlItrlok G.Whlte County Attorney Aul'UtIlI County Attc.lrney County Attornll)l on'ic. 912212005 3:06 PM 0... Approvcd By Susan Murray, ,Q,ICP Community Dav~lopmll:nt& Envlronnllmtat StlrVIC6!1. Zoning & Land Devllopmlllnl OirCl'ctcr Zoning & Land DevlllopmO'nl Raviow 9'23120057:43 AM OorUlld L.. Seott D... APPI'(J,'cd By Trllnsportatl(1l1 Servl<<'f. Trlll'l$pl,)l'latlon Planning Dirll!'etor Tran.portal/on PlanninG 912312005 3:28 PM Apl,rovcd By JORoph K. SChmitt Community Oti\lllolopm.nt& Envlronmtntal SGlrvlcGs cornmunlty Oo".lopment & EnvlrollmcnUlI SarI/lea. Adml1l5tnl0l' DilIt. CommunJty O.v.lopmtnt & Envlrol'lmentlll Bllrvlcllt'l Adnlln. 9121(200$ &:11 AM 0... Approved By Norm E. Fader, AICP Tr""llportatlonS.rvlu5 T'"n"port.lltlon Division Aamlnl'ltr.tor T'lln.pMtalian a.rlli<>" Admin. 81211200510:09 AM 0... Appnlved By QM8 Coordln./ltOf County MlIIn.~r'$ Office AdmlnlstratJv~ Aulu.nt OfficIo' Mll;nlllllvlIlent & Budget 9f28/;Z0067:63 AM Oa.. APIIrD1'cd By Mark tsltckllon COllnty M.anaQer'lO OffiCI BUdget Analyst Of'fjc~ of M.nll~m.nt& Budget 9f2"'t2006 2:00 PM Date Apllrm'cd By MlchMI Smykowskl County ft'll.nll#O". O"loa ManaWflm..,t & Budglltt Du'och>> OMlllI' of ~onll"ernlll\t&. Budgel tlrt9:J:il005 2:04 PM 0... ApIlroved By J!lm... II. Mudd 'aoar(l 01 County Commtulonen County Managar County Mllntlg.,..s Offic. GIlO/Z006 8:4ti AM Agenda Item No. 88 October 11, 2005 Page 6 of 83 Co~T Cou.nty --~.....-.. - - STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: MARCH 17,2005 SUBJECT: PETITION PUDZ-2003-AR-4493, SANTA BARBARA LANDINGS PUD AGENT/APPLICANT: OWNER: Blue Bell-Meridian Partners 1166 Dimock Lane Naples, FL 34110-0910 AGENT: D. Wayne Arnold Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, FL 34134 REOUESTED ACTION: The petitioner is requesting a rezone from Residential Multiple-Family-6 (RMF-6) to Residential Planned Unit Development (RPUD) to be known as the Santa Barbara Landings PUD. GEOGRAPHIC LOCATION: The subject property is located at the southeast comer of Radio Road and Santa Barbara Boulevard in Section 4, Township 50 South, Range 26 East, Collier County, Florida. (See illustration on following page) PURPOSEIDESCRIPTION OF PROJECT: The subject site consists of 41.6 acres, and has a zoning designation of Residential Multiple- Family (RMF-6). The RMF-6 zoning allows a maximum density of six dwelling units per acre. The subject site is presently developed with 248 multiple- family dwelling units for a density of six dwelling units per acre. The petitioner wishes to rezone the subject site from RMF-6 to Residential Planned Unit Development (RPUD) in order to build an additional 43 residential dwelling units for a total of 291 dwelling units. This will increase the presently approved density from six dwelling units per acre to seven dwelling units per acre. The subject site would be eligible for a total 291 residential dwelling units if this petition was approved. PUDZ-2003-AR-4493 SANTA BARBARA LANDINGS PUD 1 of 15 CCPC MTG. 3/3/05 Agenda Item No. 8B October 11, 2005 Page 7 of 83 SURROUNDING LAND USE AND ZONING: Subject Parcel: Multiple-family dwelling units and undeveloped acreage, zoned Residential Multiple- Family-6 (RMF-6) Surrounding- North: Radio Road, then single-family and townhouse residential development zoned Berkshire Lakes PUD that was approve at 3.99 units per acre. East: Single-family and multiple-family residential, zoned Plantation PUD permitting 418 dwelling units and at a density of 4.99 units per acre. South: Calusa Park Elementary School and undeveloped acreage, zoned Bembridge PUD West: Santa Barbara Road, then commercial and multiple-family residential development, zoned Berkshire Lakes PUD GROWTH MANAGEMENT PLAN CONSISTENCY: The subject property is designated Urban (Urban Mixed - Use District, Urban Residential Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Future Land Use Element: This district is intended to accommodate a variety of residential and non- residential uses, including mixed-use developments such as Planned Unit Developments. Relevant to this petition, this Subdistrict permits a variety of residential unit types at a base density of 4-dwelling units per acre (DU/A) and limited to a maximum of 16 DU/A, as allowed under the Density Rating System. Being located within a Residential Density Band, as depicted on the Future Land Use Map and described in the Future Land Use Element; this project is eligible for the addition of three residential units per gross acre. Therefore, this project qualifies for a density of 7 DU/ A. Base Density 4 DU/A Residential Density Band +3 DU/A Total Base Density 7 DU/ A Based upon the above analysis, staff concludes the proposed uses and density may be deemed consistent with the Future Land Use Element. PUDZ-2003-AR-4493 SANTA BARBARA LANDINGS PUD 2 of 15 CCPC MTG. 3/3/05 . '!~.I~~.. '. .... Y. J..' t "". ~ ')i~1 !,..._It:~~l _~-;'it."':/ III ~ ..-<-,.(' ./"'I,~\~-;\'~& . $ ..., .' /.,'~t~ '~\'X._j;<<\.. ~~.\.-,--, E ~~ .L. ,110'-" I I \ ( .t: r -'- . ~ . \ Ii 4S6. 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',,\\ ',~-_. 11.1 f'd,' L-' II f I) , '\L.- .' ~::-"''''' I ',;.-y:;,l , ~.."'""/" 1....- ~/'~\ 4~ F~l\ ,./ \ / it~";l~I" -" ...~';"'_~~ V pO ....... " ~&.-\ 8 .;.11':9......~ .. / ~ )'''':/' ,--Qm:lI2ri1.ff?> >-.. "'- f / ---.' .'::!V"". ":..~"!i I '.... .'~ ~ -- - I~I I 'PY; il'PII'l T ..... Q 0: ~ UJ S o (Q ND - .....- - ~ ,~ I; ';~ a.; :z: :$ .... _" "'... ...- !t';\1;'.~~J'~(~\;~,~ ll~~,~,'~~~~'i:~i..::.i,t~~"':;;~"'"\i!J~''''"-"l i~l~~'j:!!'j~"",~~~-;~ ZONING MAP - EXHIBIT 3 PUDZ-2003-AR-4493 SANTA BARBARA LANDINGS PUD 3 of 15 CCPC MTG. 3/3/05 Agenda Item No. 88 October 11, 2005 Page 9 of 83 AERIAL MAP - EXHIBIT 4 TransDortation Element: The Transportation Department has reviewed the rezoning petition. A Traffic Impact Statement (TIS) was not required for this petition, because only 43-residential dwelling units were added. The petition is located in a Transportation Concurrency Management Area (TCMA), and the proposed additional dwelling units would not result in an additional traffic volume that would exceed one percent allowable traffic increase for this area. As a result, this project is not projected to significantly impact any Collier County collector or arterial road segment, P[ij)Z-2003-PJR-4493 SANTA BARBARA LANDINGS P[ij) 4 of 15 CCPC MTG. 3/3/05 Agenda Item No. 8B October 11, 2005 and therefore this petition is consistent with Policies 1.3, lA, 5.1 and 5.2 of the ~p~$9n Element. Open Space/Conservation: The PUD document indicates that a combination of landscape areas, buffers, preserve areas, lakes, water management areas, and qualifying open space areas exceeds the Land Development Code (LDC) requirements. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. These criteria are specifically noted in Section 10.02.13 of the Land Development Code and required staff evaluation and comment. The Planning Commission to the BCC also used these criteria as the basis for their recommendation. Appropriate evaluation of petitions for amendments to PUDs should establish a factual basis for supportive action by appointed and elected decision-makers. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted and are summarized by staff, culminating in a determination of compliance, non-compliance, or compliance with mitigation. These evaluations are completed as separate documents and are attached to the staff report. (See Exhibit "A" and Exhibit "B ") Environmental Analvsis: Environmental Services Staff has reviewed the petition and has incorporated safeguards within the PUD document to insure compliance with the environmental regulations. The Environmental Section 4.4 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 ten-acre minimum area requirement. Transportation Analysis: Transportation Department Staff has reviewed the petition and has recommended approval subject to the conditions contained in Section 5.8 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 5.7 of the PUD document. 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 of the GMP. The subj ect property is designated Urban (Mixed Use District, Urban Residential Subdistrict), and within the Activity Center #6 (Davis Boulevard - Santa Barbara Boulevard) Residential Density Band for as identified on the Future Land Use Map of the Growth Management Plan. This district permits residential uses as proposed, at the density proposed. Staff believes that the petitioner's requested uses and density are compatible with the Interchange Activity Center Subdistrict, thus this petition is consistent with the GMP. Relationship to Existing Land Uses - The subject property is bordered by Santa Barbara Boulevard, Radio Road, Plantation PUD, and the Bembridge PUD. The subject property is located in the PUDZ-2003-AR-4493SANTA BARBARA LANDINGS PUD 5 of 15 CCPC MTG. 3/3/05 Agenda Item No. 8B October 11 , 2005 Residential Multiple-Family-6 (RMF-6) zoning district. This zoning district permitsaÓ6ûriifAf ¥>ër gross acre. The 41.61 acres would yield 249 units. Presently, Santa Barbara Landings contains 248 dwelling units. In rezoning the subject property to a Residential Planned Unit Development (RPUD), the petitioner is proposing an additional 43 residential dwelling units, and achieving a maximum of291 residential dwelling units through a density of7 dwelling units per acre (4 Base +3 Density Bonus). The adjoining residential development to the east, Plantation PUD, was approved for a total of 418 dwelling units on 83.70 acres (4.99 dwelling units per acre). Berkshire Lakes PUD, which is located to the north and west, was approved for 4,200 dwelling units on 1,093 Acres (3.99 dwelling units per acre). The Bembridge PUD, which is located south of the subject property, was approved for 239 dwelling units on 39.83 acres (6 dwelling units per acre). 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, landscaping, and the screening and buffering requirements of the PUD District would meet the goals of the GMP, and enhance the aesthetic quality of this area. Deviation Discussion: The petitioner is seeking four deviations and has identified them in Section 2.14 of the PUD document. The petitioner has provided justification in support of the deviations in correspondence received by the staff on February 10, 2005 (Exhibit B). Staff has analyzed the deviations and provides the analyses and recommendations below. Deviation 1 seeks relief from LDC Section 6.06.02.A.4 for sidewalks within multi-family site developments. The petitioner is seeking relief from the requirement to provide a 6-foot wide sidewalk on both sides of the street, or a lO-foot wide sidewalk on one side of the street. The petitioner is proposing that: a) A 5-foot wide sidewalk shall be provided on only one side of the internal local or private roadway exceeding 1,000 feet in length serving the project's additional 43-unit component. b) An internal sidewalk connection from the southernmost development tract (Tract B) to the existing pool/club area shall be provided at the time of construction within Tract B. The petitioner provided the justification for this deviation in an August 9, 2004, letter to staff stating the following: "Deviations have been proposed relating to sidewalks within the Santa Barbara Landing PUD. A majority of the site has been previously developed and cannot be retrofitted with dual sidewalks internal to the site. Meetings with Transportation Staff resulted in an agreement that sidewalks on one side of the internal street system were sufficient. The developer further agreed to provide an internal pedestrian connection linking the recreation tract with the newly proposed development area of the project. . " Staff is supporting deviation No.1, noting that this project incorporates some unusual condition in that the majority of the multiple-family residential development is completed. Due to the space required for providing sidewalks on both sides of the street in the new phase and the limited area of the subject property, providing a side walk on one side of the street and a sidewalk connection to the recreation areas provides a safe and convenient pedestrian access. Staff, therefore, finds the deviation in compliance with LDC Section 10.02. 13.A.3, in that the petitioner has demonstrated that PlnDZ-2003-AJR-4493 SANTA BARBARA LANDINGS PlnD 6 of 15 CCPC MTG. 3/3105 Agenda Item No. 88 October 11 , 2005 ''the element may be waived without a detrimental effect on the health, safety and ~e~ ~ !IRe community." Deviation 2 seeks relief from LDC Section 4.06.02 Buffering Requirements. The petitioner is seeking relief from the minimum 20-foot-wide buffering requirement for developments that front on a collector or arterial road. The petitioner is proposing that: Perimeter buffers abutting rights-of-way shall be permitted to deviate from the required 20-foot wide Type D buffer, to permit a Type D buffer an average of 20-foot in width, with no part of the buffer being less than fifteen- foot in width. The minimum area for the combined buffers along Radio Road and Santa Barbara Boulevard shall be 66,129 square feet (1.52::1: acres). The petitioner provided the justification for this deviation in a February 10, 2005, letter to staff stating the following; "The deviation for Perimeter buffers has been requested to support the existing , buffer conditions. " Staff is supportive of deviation No.2 due to the fact that the buffer along Radio Road is adjacent to a preserve area, and the buffer along Santa Barbara Boulevard will be designed as a "B" buffer, which will provide enhanced screening. Staff therefore finds the deviation in compliance with LDC Section 1O.02.13.A.3, in that the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." Deviation 3 seeks relief from the Construction Standards Manual for Street Right-of-Way width. The petitioner is seeking relief from the required minimum 50-foot width for local road right-of- ways. The petitioner is proposing: Street right-of-way width: The minimum right-of-way width to be utilized for local streets and culs- de-sac shall be 40-feet. Drive aisles serving multi-family tracts shall not be required to meet this standard. Streets and drive aisles shall meet applicable NFP A criteria, State Fire Code NFP A - 13.5.2.2. The petitioner provided the justification for this deviation in a February 10, 2005, letter to staff stating the following; " The proposed 40-foot right-of-way width for internal street is sufficient to support the required infrastructure for the newly proposed development area of the PUD. This deviation has been previously approved by Collier County." Staff is supportive of deviation No.3 with the stipulation that the streets shall remain private. The current interior roadway system is privately maintained and the added roadway surface would be the same. Staff, therefore, finds the deviation in compliance with LDC Section 10.02. 13.A.3, in that the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." Deviation 4 seeks relief from the Construction Standards Manual for Dead-End Streets. The petitioner is seeking relief from the required maximum length of local roads before providing for a cul-de-sac. The petitioner is proposing: PUDZ-2003-AR-4493 SANTA BARBARA LANDINGS PUD 7 of 15 eepe MTG. 3/3/05 Agenda Item No. 88 October 11 , 2005 Page 13 of 83 Culs-de-sac may exceed a length of 1,000-feet. The petitioner provided the justification for this deviation in a February 10, 2005, letter to staff stating the following; "The deviation for cul-de-sac lengths exceeding 1,000 feet has been requested to provide flexibility in final subdivision design. Exceeding 1,000 feet in length for a cul-de-sac street will pose no life safety threats, as the roadways will be designed to accommodate appropriate turning radius for fire apparatus." Staff is supportive of deviation No.4 with the stipulation that the streets shall remain private. The current interior roadway system is privately maintained and the added roadway surface would be the same. Staff, therefore, finds the deviation in compliance with LDC Section 1O.02.B.A.3, in that the petitioner has demonstrated that "the element may be waived without a detrimental effect on the health, safety and welfare of the community." NEIGHBORHOOD INFORMATION MEETING: Synopsis provided by Fred Reischl, former Principal Planner, Zoning and Land Development Review. Approximately 25 neighboring property owners and/or their representatives attended the presentation given by Wayne Arnold of Q. Grady Minor & Assoc. Richard Yovanovich, Esq. was also on hand for the meeting. Most of the concerns of the neighbors centered on traffic impacts and the destruction of preservation vegetation to construct the new units. Mr. Arnold stated that the developer intends to build a 6-foot-high concrete privacy wall between the Plantation PUD and new residential units. Mr. Floyd Chapin, representative for Sapphire Lakes PUD stated that the neighborhood was "vehemently opposed" to the new development. The original proposed Affordable Housing units on the south end of the property were opposed by neighbors, citing concerns regarding declines in property values and increased criminal activity. The neighbors also questioned why it seems that East Naples is the target for most Affordable Housing development. Mr. John Humphries, Esq., representing the Plantation PUD property owners also stated that the neighbors opposed the original proposal to increase the density to include affordable housing. The applicant is no longer proposing any affordable housing units through this rezoning application. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission (CCPC) forward a recommendation of approval of petition PUDZ-03-AR-4493 subject to the conditions of approval that have been incorporated in the PUD document. POOZ-2003-AR-4493 SANTA BARBARA LANDINGS POO 8 of 15 cepe MTG. 3/3/05 Agenda Item No. 88 October 11, 2005 Page 14 of 83 PREPARED BY: MICHAEL J. DE RUNTZ, C.F.M., PRINCIPAL PLANNER DATE DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 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. SCHMITT ADMINISTRATOR COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION DATE Tentatively scheduled for the April 12, 2005 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN PUDZ-2003-AR-4493 SANTABARBARA LANDINGS PUD 9 of 15 CCPC MTG. 3/3/05 REZONE FINDINGS PETITION PUDZ-03-AR-4493 Agenda Item No. 8S October 11, 2005 Page 15 of 83 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 subject property is located within the Activity Center # 6 Residential Density Band. The density permitted within the Santa Barbara Landings PUD is consistent with the FLUE as currently provided in the Growth Management Plan by Policy 2.5, 6.1, and the Density Rating System. Therefore, this petition is Consistent by Policy. 2. The existing land use pattern; The property to the north and west is zoned Berkshire Lakes PUD and developed as commercial, and single-family and multiple-family residential. The property to the east is zoned Plantation PUD and developed with single-family and multiple-family residential. The property to the south is zoned Bembridge PUD and is developed with a public elementary school. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. The Santa Barbara Landings PUD parcel is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by 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 Santa Barbara Landings PUD is of sufficient size that it will not result in an isolated district unrelated to adjacent and nearby districts. It is also consistent with expected land uses by virtue of its consistency with the FLUE. EXHIBIT "A" 5. Whether changed or changing conditions make the passage of the proposed amendment necessary. PtnDZ-2003-AR-4493 SANTA BARBARA LANDINGS PtnD 10 of 15 CCPC MTG. 3/3/05 Agenda Item No. 88 October 11, 2005 The subject property is located within the Activity Center #6 Residential Densif)B!Bafuij.of~lle Density Rating System of the GMP discretionarily provides for a "Density Bonus" for properties within this area if the petition is compatible to the surrounding properties and meets specific criteria listed in the GMP. The subject property meet criteria #2 Proximity to Mixed Use Activity Center, #4 Residential- Infill, #5 Roadway Access, and #7 Transportation Concurrency Management Area (TCMA). 6. Whether the proposed change will adversely influence living conditions in the neighborhood. The proposed change will not adversely influence living conditions within the neighboring properties due to the project's consistency with the GMP and compatibility with neighboring properties. The proposed dwelling units will consist of ten four-family dwelling units and one three-family dwelling unit, and be of similar construction and design as the existing buildings on the subject property. The proposed rezone will have no significant impact on any adopted level of service standard. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect public safety. Evaluation of this project took into account the requirement for consistency with Policy 5.1 of the Transportation Element and Policy 6.1 of the Future Land Use Element of the GMP and was found consistent. The proposed change will result in an overall 430 in daily trips within the Santa Barbara Landings PUD. 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. 9. Whether the proposed change will seriously reduce light and air to adjacent areas. All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designed to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change 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. However, PUDZ-2003-AR-4493 SANTABARBARA LANDINGS PUD 11 of 15 ccpe MTG. 3/3/05 Agenda Item No. 88 October 11, 2005 staff is of the opinion that this petition will not adversely affect property values based d:@tb:e1prgj&a:s consistency with the Growth Management Plan. 11, Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. The undeveloped properties nearby the proposed PUD should not be affected by the requested amendment in that the project provides a landscape buffer, provides an area dedicated for conservation/preserves, and is consistent with the approved zoned projects in the area. 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 subject property has been developed with 248 multiple-family residential dwelling units within the regulations of the Residential Multiple-family-6 (RMF-6) zoning district. The petition proposes to utilize the "Density Bonus" criteria of the Density Rating System of the GMP for an additional 43 residential dwelling units. 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 and approved residential property in size and scale. It is also consistent with the FLUE of the Growth Management Plan. 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 determinants 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. Preservation areas have been identified on the Conceptual Master Plan. Additionally, the owner has agreed to revegetate portions of the property to enhance native vegetation PUDZ-2003-AR-4493 SANTA BARBARA LANDINGS PUD 12 of 15 CCPC MTG. 3/3/05 Agenda Item No. 88 October 11, 2005 17. The impact of development on the availability of adequate public facilitiesPawa ~JElfites 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. FINDINGS FOR PUD PUDZ-03-AR- 4493 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: PUDZ-2003-AR-4493 SANTA BARBARA LANDINGS PUD 13 of 15 CCPC MTG. 3/3/05 Agenda Item No. 88 October 11 , 2005 1. The suitability of the area for the type and pattern of development proposillt!ift ~hltfiPn. 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 Santa Barbara Landings 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 Santa Barbara Landings PUD 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 ofthe GMP. The Santa Barbara Landings PUD proposes an additional 43 residential dwelling units, for a maximum of 291 residential dwelling units 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 req uiremen ts. The adopted PUD, including all the attendant buffering, land use locational criteria, and other compatibility development requirements reasonably assure the project will be constructed with internal and external compatibility addressed. EXHIBIT "B" 5. The adequacy of usable open space areas in existence and as proposed to serve the development. As provided in Section IV - Preserve "P" Areas and Subsection 5.10 - Environmental of the PUD Document, the amount of open space set aside by this project is consistent with the provisions of the Land Development Code. PUDZ-2003-AR-4493 SANTA BARBARA LANDINGS PUD 14 of 15 CCPC MTG. 3/3/05 Agenda Item No. 88 October 11, 2005 6. The timing or sequence of development for the purpose of assuring thePa\1@~~f available improvements and facilities, both public and private. The proposed Santa Barbara Landings PUD will not adversely impact the timing or sequence of development that is currently allowed in the area. Furthermore, the adopted concurrency requirements ensure that further LOS degradation is not allowed or the LOS deficiency is 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 of the property relative to hazards, and capacity of roads, is supportive of conditions emanating from urban development. 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 Santa Barbara Landings PUD conforms to the PUD regulations. PUDZ-2003-AR-4493 SANTA BARBARA LANDINGS PUD 15 of 15 cepe MTG. 3/3/05 . :J" .".... .. . RE-SUBMI'M~j1~a Item No. 88 . ~ber11,2005 PUDZ-2003-AR~ 21 of 83 PROJECT #2003040038 DATE: 1/20/04 FRED REISCHL APPLICATION FOR PUBLIC HEARING FOR: - ~UD REZONE []PllD TO PllD REZONE Petition No.~ Date Petition Received: Commission Dis1rict: Planner Assigned: ABOVE TO BE COMPLETED BY STAFF 1. . General Information: I Name ofApplicant(s) Blue Bell-Meridian Partners Applicant's Mailing Address 1166 Dimock Lane . City Naples State Florida Zip 3411 0-0919 Applicant's Telephone # Applicant's E-Mail Address: Fax # Name of Agent D. Wayne Arnold Finn Q. Grady Minor & Associates. P.A. Agent's Mailing Address 3800 Via Del Rev City Bonita Springs State FL Zip 34134 Fax # 239-947-0375 Agent's Telephone # 239-947-1144 COLLIER COUNTY COMMUNITY DEVELOPMENT PLANNING SERVICES/CURRENT PLANNING 2800 NORTH HORSESHOE DRIVE NAPLES, FL 34104 PHONE (941) 403-2400 I FAX (941) 643-6968 02/27103 AoDlicatioD. For Public: Burbur For PUD RezoDe Agenda Item No. 8B October 11, 2005 . . '* Be aware that Collier County has lobbyist regulations. Guide yourself accordingIige 22 of 83 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 Master Association: Mailing Addcess City State FL Zip Name of Civic Association: Mailing Address City State FL Zip 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 Blue Bell Meridian Partners Percentage of Ownership 100% 02/27103 AoDllcatitlD For Public Hea~ For PUn RezoDe . . Agenda Item No. 88 October 11 , 2005 Page 23 of 83 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 Percentage of Stock c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Interest d. If the property is .in the name of a GENERAL or LIMITED P ARTNERSHlP, list the name of the general and/or limited partners. Name and Address A.G. Roede Alan T. Sch1ffinAn Peter Gulick Peter Cross David Greiden Mike Pashley Percentage qf Ownership 16.3 16.3 16.3 16.3 16.3 16.3 e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership Date of Contract: 02127/03 AuDllcatloD For hbUc Hearbu! For PUD JlezoDe .~ Agenda Item No. 88 October 11, 2005 f. If any contingency clause or contract terms involve additional p~i~~i olJJ3 individuals or officers, if a corporation, partnership, or trust. Name and Address g. Date subject property acquired (X) leased (): 2002 Term oflease --YI'S.lmos. If Petitioner has option to buy, indicate date of option: _ and date option terminates: -' or anticipated closing'date_. 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 lesral descriDtion of the DrODertv coveredbv the aDDlication: (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: 04 Township: 50 Range: 26 Lot: Block: Subdivision: Plat Book: Page #: _ Property I.D.#: Metes & Bounds Description: 4. 'Size of DroDertv: 2.746 ft. X 667.30 ft. = Total Sq. Ft 1 '831 '582 Acres:t 41.61 s. Address/srenerallocation of subiect DroDertv: 193 Santa Clara Drive. Southeast comer of Radio Road and Santa Barbara Boulevard 6. PUD District (LDC 2.2.20.4): rgJ Residential D Community Facilities D Commercial D Industrial 02127103 ADuncatloD For Pubnc Uearbu!: For PUD Rezone , . 7.. Adiacent zonml! and land use: Zoning Land Use Agenda Item No. 88 October 11, 2005 Page 25 of 83 N PUD Berkshire Lakes SPUD Bembrid2e E PUD Plantation WPUD Berkshire ~es 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: Lot: Block: Subdivision: Plat Book: Page #: _ Property ID.#: MeteS & Bounds Description: . --8. Rezone Reauest: This application is requesting a rezone from the RMF-6 zoning district(s) to the PUD zoning district(s). Present Use of the Property: Multiple Family Residential . Proposed Use (or range of Uses) of the property: Multiple Family Residential Original PUD Name: Ordinance No.: . , 9. Evaluation Criteria: Pursuant to Section 2.7.2.5 AND Section 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. 02127103 ADDllcatloD For PubUe Bearlnlr For POD Rezone PUDREZONE APPLICATION SUB:MITTAL CHECKLIST Agenda Item No. 88 October 11,2005 Page 26 of 83 This completed checklist is to be submitted with application packet! Requirements # of Required Not Conies Reauired 1. Completed AoolicationIPUD documents .24'" X 2. Copy of Deed(s) and list identifying Owner(s} and all 2* X Partn~ifaCo~mtion 3. Completed Owner/ Aszent Affidavit, Notarized 2* X 4. Pre-aoolication notes/minutes 24* X 5. Conceptual Site Plans 24* X 6. Environmental Imoact Statement - (EIS) 4 7. Aerial Photo2I'8Ph -(with habitat areas identified) 5* X 8. Completed Utility Provisions Statement (with required 4 X attachments and sketches) 9. Traffic Impact Statement - mS) 4 X 10. Historical & Archaeological Surveyor Waiver 4 X Application l1.Copies of State and/or Federal Permits . 4 X 12. Architectural Renderinsz of Proposed Structure(s) 4 X 13. Pre-Application Fee, Application Fee and Data - X Conversion Fee Check shall be made payable to Collier CoWltv Board of County Commission~ 14. An electronic version of the PUD on a disk as part of the X submittal packet. 15. PUBLIC PARTICIPATION MEETING: X APPLICA nON SUBMITTAL: Copy of Affidavit attesting that all property owners, civic associations and property owner associations were notified. Copy of audio/video recording of public meeting. Written account of meetinsz. 16. Affordable Housing Density Bonus Agreement 4 X includin2 ail AJ)1)lications and Exhibits. 17. Boundary Survey (no more than 6 months old) 5 X 18. OTHER REQUlREMENTS: · Documents required for Long-Range Planning Review.1 additional copy if for affordable housing 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 . elude all necessary submittal information may result in the delay of processing. . . Agent! Applicant Signature January 7. 2004 Date I . 02127/03 ADDUcation For Pnblle RaMI! For PUD Rezone Agenda Item No. 88 October 11, 2005 Page 27 of 83 Rezone Findings PETITION PUDZ-2003-AR-4493 Section 2.7.2.5 of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners shall show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable. 1. Whether the proposed change will be consistent with the goals, objectives, policies, Future Land Use Map and the elements of the Growth Management Plan; The property is located within a density band as identified on the Future Land Use Map. Specific density provisions arc established in the Growth Management Plan, and the PUD document contains appropriate references assuring compliance with the density rating system of the Growth Management Plan. The proposed density is within the permitted density of the Growth Management Plan. 2. The existing land use pattern; The subject property is located at the intersection of Radio Road and Santa Barbara Boulevard. Properties to the west across Santa Barbara Boulevard are zoned and developed with general commercial and residential uses. Properties to the east and north are zoned PUD and are developed with single-family and multi- family homes. The proposed addition of 4~ dwelling units is conSistent with the permitted density. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts; The pr~posed PUD borders land that is zoned for residential uses in the fonn of a PUD, therefore, the subject site will not create an isolated district. 4, Whether exisUng district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; The proposed district boundaries are logically drawn since they are consistent with the Growth Management Plan. RE:SUBMrTT AL PUDZ-2003-AR_4493 fR-OJECT #i003040038 ; DATE: 1/20/04 : FRED REISCHL F:\JOB\SANTA BARBARA LANDINGS\Rczone Findings.doc Agenda Item No. 88 October 11 , 2005 Page 28 of 83 5. Whether changed or changing conditions make the passage of the proposed amendment necessary; The site is designated for residential uses, and the applicant intends to develop the property with a combination of rental apartment and for-sale affordable housing unit types. The demand for affordable housing is well documented and the additional units are solely for qualifying affordable home buyers. 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. This PUD contains provisions for buffering and building setbacks, which are consistent with surrounding properties. 7. Whether the proposed change will create or excessively increase traffic congestion or create types of tramc 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 th~ PUD document, which renders the PUD compatible with surrounding uses and the Traffic Circulation Element. No level of service impacts result from this project. Therefore, the proposed PUD will not excessively increase traffic congestion. 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. ThePUD document incorporates appropriate references to insure that no adverse drainage conditions will. result :from the proposed development. 9. Whether the proposed change will seriously reduce light and air to adjacent areas; The proposed residential uses will be required to meet building setbacks and two- story height restrictions. When meeting these requirements, light and air 'Will not ; be reduced to adjacent properties. F:\JOBISANTA BARBARA LANDINOS\RezoJie Findings.dac Agenda Item No. 88 October 11, 2005 Page 29 of 83 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. Given the required building and development standards, and the shared use with rental apartments 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 Growth Management Plan, 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 existing conventional zoning, the addition of the proposed 43 housing units could not be constructed. The PUD rezoning will permit the property to develop the additional dwellings, consistent with LDC and Growth Management Plan requirements. 14. Whether . the change suggested is out of scale with the needs of the neighborhood or the County; The request is consistent with the Growth Management Plan, and is therefore, within the needs of the community. The Plan limits the site to a maximum of 43 additional units and is of a scale appropriate for the surrounding area. 15. Whether is it impossible to imd other adequate sites in the County for the proposed use in districts already permitting such use. It is not impossible to find other sites in Collier County; however, the petitioner . wishes to construct affordable housing on this parcel to supplement the rental apartments currently on the site. F:\JOB\SANrA BARBARA LANDINGS \Rezone Findings.doc . Agenda Item No. 88 October 11 , 2005 Page 30 of 83 16. The physical characteristics of the property and the degree of site alteration which would be requ,ired to make the property usable for any of the range of potential uses under the proposed zoning classification. Preservation areas have been identified on the Conceptual Master Plan. . Additionally, the owner has agreed to revegetate portions of the property to . enhance natiye vegetation. 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. The Site Development Plan will be reviewed for compliance with the Levels of Service required for public facilities in the area. F:\JOB\SANTA BARBARA LANDINGS\RClZODC Findings.doc Agenda Item No. 88 October 11, 2005 Page 31 of 83 PUD FINDINGS PETITION PUDZ-2003-AR-4493 Section 2.7.3.2.5. of the Collier County Land Development Code requires that the report and recommendations of the Planning Commission to the Board of County Commissioners be supported by the following findings, where applicable: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding area, traffic and access, drainage, sewer, water, and other utilities. The property is designated for residential in the Growth Management Plan. The site is located at the intersection of two arterial roadways and is well suited for the proposed affordable housing and rental apartment uses. . 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 related 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 con1rol. 3. Conformity of the proposed PUD with the goals, objectives and policies of the Growth Management Plan. Staff analysis indicates that the Santa Barbara Landings PUD is consistent with the goals, objectives and policies of the Growth Management Plan. 4. The . internal and external compatibility of the 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 SUlTounding uses. s. 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 Growth Management Plan and Land Development Code. . F:IJOB\SANTA BARBARA LANDINGS\Rczonc Findings.doc ~. .. t II "J. Agenda Item No. 88 October 11, 2005 Page 32 of 83 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. 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. 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. Staff analysis indicates that the Santa Barbara Landings PUD conforms to the PUD regulations. F:\JOB'SANTA BARBARA LANDINGS\Rczone Fmdings.doc Agenda Item No. 88 October 11 , 2005 Page 33 of 83 STATEMENf OF UTILITY PROVI$IONS FOR PUD REZONE REOUEST 1. NAME OF APPLICANT: Blue Bell-Meridian Partners 2. MAlLlNG ADDRESS: C/O Alan T. Schiffinan. 1166 Dimock Lane CITY Naples STATE Florida ZIP 34110-0919 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 177 Santa Clara Drive 4. LEGAL DESCRIPTION: Section: 04 Township; 50 Range: 26 Lot: Block: Subdivision: Plat Book Page #: PropertyI.D.#:00400200002 . Metes & Bounds Description: West V2 of west V2 of northwest quarter of Section 4. Township 50S. Range 26B. less North 50 feet. 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTll.ITY SYSTEM [gI b. CITY UT;ILITY SYSTEM 0 c. FRANCHISED 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) [gJ o o o 01/27/03 A~DlleatioD For Public Bearinll For PUD Rezone PtnD2r2003-AJt-4493 PROJECT #2003040038 DATE: 7/31/03 FRED REISCHL 7. TOTAL POPUIATION TO BE SERVED: 74 Agenda Item No. 88 October 11, 2005 Page 34 of 83 8. PEAK. AND AVERAGE DAILY DEMANDS: A. WATER-PEAK 25.000 GPD AVERAGE DAILY 11.400 GPD B. SEWER-PEAK 25.000 GPD AVERAGE DAILY 11.400 GPD 9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: January 2005. 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 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. 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 constnIction 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. STATEM:ENT OF AVAll..ABILITY 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 Provision Statement RJM 10/17/97 02127/03 Annlication For Public HearintZ For PUB Rezone G: I\SANTABA 8ARA\CMP.dwg,CMPWMP,07/21f.lOO311:33:5SAM II' l~,.i 19yil. ~~ - -IJ li,I,. il1li; I ~!I ti,l; ~.II J ,. · I iill , f , I ~ ~I'!I i ~ j t; : ..p uI III '" ,'.1 .,1 I!i~ "~ I; 'I III i . Ilf i ~ ..... } B! , /!!f i ill .ad .i I' i , >il ~ r' BU fi i ; , i ~ I 11111 II I w ~ . I I~ 'I I -- ,i . " I . I J r ,. ., J Agenda Item No. 88 Page 35 of 83 , lor .j Agenda Item No. 88 AFFlDA VIT October 11, 2005 Page 36 of 83 Well, Blue Bell-Meridian Partners being first duly sworn, depose and say that well am/are 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 my 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 property owner, Well fUrther authorize Q. Graav Minor & Associates, P A our/my representative in any matters regarding this Petition. to act as ~rtyOwner. A/~^, r 1 c.""~~~ Typed or Printed Name of Owner Signature of Property Owner Typed or Printed Name of Owner The foregob:pJnstrument was acknowledged before me this 23 day of fl"l ( . 20QJ., by -Alqy, I r;:t:.h'/~A who is personally known to me or has produce - as identification. State of Florida County of Collier f~ A. ADAM I. YS1AK NolBTY Public. Slate of Florida My comm. expires June 25. 2006 No. 00 129239 /I 4 ei:..... L. v:r 1eJ:. (Print, Type, or Stamp Cdmmissioned Name of Notary Public) PInD~2003-AUR-4493 PROJECT #2003040038 DATE: 7/31/03 FRED REISCHL aJl.C)C"') i 00000 ,0_ I ~o r-- C"') (D,-Ql _QlO) -.oct! cooa. "C ..... C;U (DO 0) <( I c.. <( ~ W I- _An1llIl VlI'IlIlMl VJ.IMI - en ~ ~ I tl)1 I g Oil' I 'It 'It I 0::: < I tI) 0 0 C'Il , IWXClI..IIlN / ~ N 0 - ;:) C. 'Il:Z 0 I. I- ~i! :: n~ I- ~i iii II :: w ::l f c. I ~i! III II _1IlmOI_ c.. 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Ill: g ;,!llfll ;ri!1 I! ~iI !rb~ ..., i~d9 ~I:I 21 ~~:( :ii =II~ =d i d ~a!l~ ~ =, f- IlIz~ il I; j ""- ! i;U~ Ilf!ii III f G~ Gulf Of Mexico CITY OF NAPLE EXHIBIT C i ~ I 20 " 24 A . D . 51 . D ....... .., CCUln'ti'a..u1 . L v 0 I{ IN.' "'''1ft '0 ~ : OllEEtIIl "A.1t 15 14 : z . _..._...__.1" ...!! ~.!.!..~!..~~_~ It. 22 24 ...... ...., 23 27 26 25 34 35 36 3 10 1II'1'E"" .., 111 m"ru 30 31 6 Agenda Item No. 88 October 11 , 2005 Page 40 of 83 \ ~ , ~ 20 2' 28 33 DlWh' S ;0- ':: CIOUd'lSI[ e CCIMTIW eu. -= ClW .. : ........, I.NC!S . . "~IlW"'1UtI A . : : ... WM I'" A II [. .. _.._...~...._-_.._..,....- _"""H"""~"~!" z , o ~ 17 3.":. .. D '5 III A' T LEI N" Ie IE ~lln QJIII LELY 20 21 28 32 PUD BARBARA LANDING LOCATION MAP SANTA '2 EN GATE 27 ,. D D . . L 0 ~ 0 . '0 '5 ;; .. o! -- ~..... H."". 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II I. r.., 0 ".. .~ - i I !I I i~ I ~-FQ . u, m I: 1.3 d - Iv 'filII II · J J 1& .! .. I r ~ID ", 'i - t m .111 \ . .~~. ~ 1/'1' JI 1'1 ' · \ "==" .... . ., II ~f ~ Ii". ~ , ~ tl. is. ., -~- .---'Jl ~. "ili,,; iPo, ~ a.. ,I -. ,-r;::::;I ;:../WiIiit!' 'i.. Ijj' ~ u. .. - - ..- ~_.;Z:=:: ..-: H!llI1nfJI d --'--. .- - ';;.,,,, ~~.- ,~, It'i ~ Wij .OO~ ~ OICMl ~ i! !il ;1.11. '\ i!. Agenda Item No. 88 October 11, 2005 ~.- ,.. ~~ R3 '" IIli ".'1 ri'l IIIH . I ,A ~ r4 ~ ro ~:~t' l_.... v J. '1' .Pu b /": ".1 \lr.: < ,-.. f_"'~~__,,,, .. . j. 'f I 1. . t I. -f': '..... r.'" -.... .-.!I.....~., T'- fC~' ,... -.' .' . ~ J""J lif * ~I ; I COL()C") OOOCO 0,- ON 0 Z ON "'--.;:t E::Ql Q.)QlOl ==.cro COOa. "0 ...... CO Q.)O OJ <! ! J I I _ I - . II ~~ i; .... I~ ~I I; m5 ~~ % II ~I ,;, ~ ~...-...-... 9 ~~ I . tI . ~ ~. . . P I:: ~ ..:::z= W Agenda Item No. 88 October 11, 2005 Page 43 of 83 ORDINANCE NO. OS-_ 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 ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "RMF-6" TO "RPUD" RESIDENTIAL PLANNED UNIT DEVELOPMENT TO BE KNOWN AS SANTA BARBARA LANDINGS PUD TO ADD 43 MIXED RESIDENTIAL DWELLING UNITS TO THE 248 EXISTING DWELLING UNITS FOR A TOTAL OF 291 DWELLING UNITS LOCATED ON SANTA CLARA DRIVE AT THE INTERSECTION OF SANTA BARBARA BOULEVARD AND RADIO ROAD, IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 41.6= ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor & Associates, and Richard D. Yovanovich, Esq., of Goodlette, Coleman & Johnson, representing St. George Group, Corporation, petitioned the Board of County Commissioners to change the zoning classification of the subject real property for Petition No. PUDZ- 2003-AR-4493. 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 located in Section 4, Township 50 South, Range 26 East, Collier County, Florida, as described in Section 1.2 of the Santa Barbara Landings PUD Document, attached hereto as Exhibit "A" and incorporated by reference is changed from "RMF-6" to "RPUD" Residential Planned Unit Development to be known as Santa Barbara Landings PUD to add 43 mixed residential dwelling units to the 248 existing dwelling units for a total of 291 dwelling units. 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 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: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency Patrick G. White Assistant County Attorney PUDZ.200 3.AR -4493/MJD/sp Page 1 of 1 SANTA BARBARA LANDINGS RESIDENTIAL PLANNED UNIT DEVELOPMENT 41.6:f: Acres Located in Section 04, Township 50 S, Range 26 E Collier County, Florida PREP ARED FOR: Santa Barbara Garden Villas, LLC 1401 Ponce de Leon Boulevard, Suite 401 Coral Gables, Florida 33134 And St. George Group, Corporation 1401 Ponce de Leon Boulevard, Suite 401 Coral Gables, Florida 33134 PREPARED BY: Richard D. Yovanovich, Esq. Goodlette, Coleman & Johnson 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 And D. Wayne Arnold, AICP Q. Grady Minor & Associates 3800 Via del Rey Bonita Springs, Fl 34134 DATE FILED DATE APPROVED BY CPCC DATE APPROVED BY BCC ORDINANCE NUMBER EXHIBIT "A" Santa Barbara PUD (CCPC 3-18-05)(NewOwn 8-26-05)clean.doc 3/18/05 Agenda Item No. 8B October 11 , 2005 Page 44 of 83 TABLE OF CONTENTS LIST OF EXHIBITS AND TABLE STATEMENT OF COMPLIANCE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP AND GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III RESIDENTIAL "R" DEVELOPMENT AREA SECTION IV PRESERVE "P" AREA SECTION V DEVELOPMENT COMMITMENTS Agenda.8CCAGENDA.16210 3/18/05 Agenda Item No. 88 October 11,2005 Page 45 of 83 PAGE 1 11 I-I II-I III-I IV-I V-I LIST OF EXHIBITS AND TABLES EXHIBIT A CONCEPTUAL MASTER PLAN EXHIBIT B SURF ACE WATER MANAGEMENT PLAN EXHIBIT C LOCATION MAP EXHIBIT D BOUNDARY SURVEY TABLE I DEVELOPMENT STANDARDS Agenda.BCCAGENDA.1621O 3/18/05 Agenda Item No. 88 October 11, 2005 Page 46 of 83 III-3 Agenda Item No. 88 October 11 , 2005 Page 47 of 83 STATEMENT OF COMPLIANCE Santa Barbara Garden Villas, LLC and St. George Group, Corporation intends to create a Residential Planned Unit Development on approximately 41.6:1: acres ofland located in Section 04, Township 50 S, Range 26 E, Collier County, Florida. Approximately 6.3 acres of the property is encumbered with a 100' wide roadway easement for Santa Barbara Boulevard, making the net site approximately 35.3 acres. The name of the Residential Planned Unit Development (RPUD) shall be Santa Barbara Landings RPUD. The development of the Santa Barbara Landings RPUD will be in compliance with the planning goals and objectives of Collier County as established in the Growth Management Plan. The development will be consistent with the policies of the land development regulations adopted under the Growth Management Plan and applicable regulations for the following reasons: 1. The subject property is located within the Urban Mixed Use District, Urban Residential Sub-District, as identified on the Future Land Use Map. 2. The density provided for in the Santa Barbara Landings RPUD complies with the Density Rating System contained in the Future Land Use Element of the Growth Management Plan. The subject property is located within the residential density band, which extends from the Mixed-use activity center located at the intersection of Santa Barbara Boulevard and Davis Boulevard. The density permissible is 4 dwelling units per acre. Up to 3 dwelling units per acre may be added within the density band, bringing the permissible base density to 7 dwelling units per acre. Base density Density band Maximum permitted density Requested density + 4.0 dulacre 3.0 du/acre 7.0 dulacre 7.0 dulacre (291 units) = At the time of the rezoning application, 248 multiple-family dwellings exist on the site. The subject rezoning will add a maximum of 43 additional dwelling units for a maximum total of 291 dwelling units. All property within the RPUD boundary shall be utilized in calculating the project density. 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element (FLUE). 4. Improvements are planned to be in compliance with the applicable land development regulations as required in Objective 3 of the FLUE, except as may be modified in this RPUD document 5. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance as required in Objective 2 of the FLUE. Agenda.BCCAGENDA.16210 3/18/05 11 Agenda Item No. 8B October 11, 2005 Page 48 of 83 6. The design of Santa Barbara Landings RPUD protects the function of the existing drainage features and natural groundwater aquifer recharge areas as required in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7. This project shall be subject to applicable Sections of the LDC at the time of development order approval, except as otherwise provided herein. Agenda.BCCAGENDA.16210 3/18/05 111 Agenda Item No. 88 October 11, 2005 Page 49 of 83 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP AND GENERAL DESCRIPTION 1.1 PURPOSE Section I sets forth the location and ownership of the property, and describes the existing conditions of the property proposed to be developed under the project name Santa Barbara Landings RPUD. 1.2 LEGAL DESCRIPTION The subject property being 41.6 acres more or less, is described as: The west half (W. Y2) of the west half (W. Y2) of the northwest quarter (N.W. \4) of Section 4, Township 50 South, Range 26 East, all being situated in Collier County, Florida, less the north 50 feet thereof. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 1.3 PROPERTY OWNERSHIP The property is currently owned by: Santa Barbara Garden Villas, LLC and St. George Group, Corporation whose address is; 1401 Ponce de Leon Boulevard, Suite 401 Coral Gables, Florida 33134 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project is located in Section 04, Township 50, Range 26 and is generally bordered on the north by Radio Road, on the east by Plantation PUD; on the south by Bembridge PUD on the west by Santa Barbara Boulevard. B. The zoning classification of the subject property at the time of RPUD application is RMF-6. C. According to FEMAlFIRM Map Panel Number 120067 415 D, dated June 3, 1986, the property is located within Zone X. D. Soils on the site generally include Hallandale fine sand and Boca, Rivera, Limestone Substratum and Copeland fine sand depressional. E. Existing vegetation on the site consists of me1aleuca, Brazilian Pepper, palmetto prairie, pine flatwoood, cypress, Cabbage Palm and disturbed lands. Wetland areas have been heavily impacted by melaleuca. Agenda.BCCAGENDA.16210 3/18/05 I-I Agenda Item No. 8B October 11 , 2005 Page 50 of 83 F. According to the Collier County Drainage Atlas, the site is located in the Lely Canal Basin. The conceptual water management plan is depicted in the Surface Water Management Report, which accompanied the rezone application submittal. 1.5 SHORT TITLE This Ordinance is known and cited as the "Santa Barbara Landings Residential Planned Unit Development Ordinance." Agenda.BCCAGENDA.16210 3/18/05 1-2 Agenda Item No. 88 October 11, 2005 Page 51 of 83 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE Section II delineates and generally describes the plan of development and identifies relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF THE PROJECT A. Santa Barbara Landings RPUD is a mixed-use residential project and will consist of two development parcels and multiple preservation areas. Categories of land uses include those for residential and preserve areas. The Residential areas are designed to accommodate single-family attached, duplex and multiple family dwellings. The overall project density is 7 dwelling units per acre and the maximum units permitted in the RPUD shall be 291 units. B. Exhibit "A" depicts the RPUD Master Plan. The RPUD Master Plan includes a table that summarizes land use acreage. The location, size and configuration of individual tracts shall be determined at the time of Preliminary and Final Subdivision Plat approval. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Santa Barbara Landings RPUD shall be in accordance with the contents of this document, 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 authorize the construction of improvements. 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 Land Development Code in effect at the time of building permit application. C. Unless modified, waived or excepted from this RPUD Document or associated exhibits, the provisions of other sections of the land development codes, where applicable, remain in full force and effect with respect to the development of the land that comprises this RPUD. D. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Chapter 6, Adequate Public Facilities, of the Land Development Code. Agenda.BCCAGENDA.162JO 3/18/05 II-I Agenda Item No. 88 October 11, 2005 Page 52 of 83 2.4 LAND USES Land uses are generally depicted on the RPUD Master Plan, Exhibit A. The specific location and size of individual tracts and the assignment of square footage or units shall be determined by the developer at the time of site development plan approval, preliminary subdivision plat approval, or final subdivision plat approval subject to the provisions of Chapter lO of the Collier County LDC. 2.5 USE OF RIGHTS-OF-WAY The Developer may utilize land within the rights-of-way within the RPUD for landscaping, decorative entranceways, and unified signage. This utilization is subject to review and administrative approval during the development review process by the Community Development and Environmental Services Administrator for engineering and safety considerations. 2.6 MODEL HOMES SALES OFFICE AND CONSTRUCTION OFFICE A. Construction offices and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, parking areas, and signs, shall be permitted principal uses throughout the Santa Barbara Landings RPUD. These uses shall be subj ect to the requirements of Chapter 5 and Chapter lO of the LDC. B. Model Homes may be permitted in multi-family and townhome buildings may be utilized for wet or dry models, subj ect to the time frames specified in Chapter 5 of the LDC. 2.7 CHANGES AND AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN Changes and amendments may be made to this RPUD Ordinance or RPUD Master Plan as provided in Chapter lO of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by LDC. 2.8 OPEN SPACE REQUIREMENTS A minimum of 30% of the project (12.48:l: acres) shall be devoted to usable open space. 2.9 NATIVE VEGETATION RETENTION REQUIREMENTS A minimum ofthree (3) acres of native vegetation shall be maintained on the subject site through a combination of preservation of existing native vegetation and revegetation of native vegetation. The areas of retained native vegetation and replanted native vegetation are shown as Preserve areas on the Conceptual Master Plan, Exhibit A. Agenda.BCCAGENDA.16210 3/18/05 II-2 Agenda Item No. 88 October 11, 2005 Page 53 of 83 2.10 COMMON AREA MAINTENANCE One or more Property Owner's Association (POA) will provide common area maintenance. The POA, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and preserves serving Santa Barbara Landings RPUD, in accordance with any applicable permits from the South Florida Water Management District. 2.11 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership as set forth in Chapter 2 of the LDC. 1. Individual Projects a) Site Planning: Each distinct project within the RPUD will provide an aesthetically appealing, identifiable path of entry for pedestrians and vehicles. The orientation of buildings and structures will be sensitive to adjacent land uses and the surrounding community. b) Landscaping: Where applicable, plantings along public rights-of way will be complimentary to streetscape landscaping. 2.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS A. Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the RPUD, excluding preserves. B. The maximum fence, wall or berm height internal to the RPUD shall be eight (8) feet, not including those portions of walls incorporated into project identification signs. The maximum fence height shall be measured relative to the greater of the crown of the adjacent roadway or the adjacent minimum finished floor, as applicable. The eight (8') foot high precast wall shown on the conceptual master plan shall be constructed concurrent with development of the residential units in tract B. C. Perimeter Buffers abutting rights-of-way shall be permitted to deviate from the required 20' wide Type D buffer, to permit a Type D buffer an average of 20' in width, with no part of the buffer being less than 15' in width. The minimum area for the combined buffers along Radio Road and Santa Barbara Boulevard shall be 66,129 square feet (1.52::l: acres). Agenda.BCCAGENDA.] 6210 3/18/05 II-3 Agenda Item No. 88 October 11 , 2005 Page 54 of 83 2.13 SIGNAGE A. GENERAL Signage shall be consistent with Section 5.06 of the LDC. 2.14 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS I DEVIATIONS 1. The Developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with Chapter 10 of the LDC. A. Chapter 6, Sidewalks, bike lanes and bike paths 1. Existing site constraints prohibit retrofitting of the site with sidewalks meeting standards in Chapter 6 of the LDC. 2. A six (6) foot wide sidewalk shall be provided on only one (1) side of the internal local or private roadway exceeding one thousand (1,000) feet in length serving the project's additional 43 unit component. 3. An internal sidewalk connection from the southernmost development tract (Tract B) to the existing pooVc1ub area shall be provided at the time of construction within Tract B. 4. The developer shall make payment-in-lieu of construction of the sidewalk within Santa Barbara Boulevard, due to its programmed improvement in the five-year work program. B. Section 4.06.00, Landscaping, buffering and vegetation retention 1. Perimeter Buffers abutting rights-of-way shall be permitted to deviate from the required 20' wide Type D buffer, to permit a Type D buffer an average of 20' in width, with no part of the buffer being less than 15' in width. The minimum area for the combined buffers along Radio Road and Santa Barbara Boulevard shall be 66,129 square feet (1.52:1: acres). C. Construction Standards Manual, Streets and access improvements 1. Construction Standards Manual, Street Right-of-Way Width Street right-of-way width: The minimum right-of-way width to be utilized for local streets and cul-de-sacs shall be forty (40) feet. Drive aisles serving multi-family tracts shall not be required to meet this standard. Agenda.BCCAGENDA.1621O 3/18/05 II-4 Agenda Item No. 88 October 11, 2005 Page 55 of 83 2. Construction Standards Manual, Dead-end Streets Cul-de-sacs may exceed a length of one thousand (1,000) feet. 3. Construction Standards Manual, Intersection Radii Intersection radii: Street intersections shall be provided with a minimum of a twenty five (25) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. 2.15 GENERAL PERMITTED USES A. Certain uses shall be considered general permitted uses throughout the Santa Barbara Landings RPUD except in the Preserve Areas. General permitted uses are those uses that generally serve the entire RPUD or distinct proj ects there within. B. General Permitted Uses: 1. Essential services as set forth under Chapter 2 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. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 6. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.12 of this document. 7. S ignage. Agenda.BCCAGENDA.I 62 10 3/18/05 II-5 Agenda Item No. 88 October 11, 2005 Page 56 of 83 SECTION III RESIDENTIAL "R" DEVELOPMENT AREAS 3.1 PURPOSE Section III establishes permitted uses and development regulations for areas within the Santa Barbara Landings RPUD that are designated Residential "R" on the RPUD Master Plan. 3.2 GENERAL DESCRIPTION A. Areas designated as "R" on the RPUD Master Plan are designed to accommodate multiple family residential types, recreational uses, essential services, and customary accessory uses. Acreage is based on a conceptual design. Actual acreage of the development and preserve areas shall be established at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with the Collier County Land Development Code. Areas designated as "R" accommodate internal roadways, open space, parks and amenity areas, lakes and water management facilities, and other similar facilities that are accessory or customary to residential development. B. Areas designated as "R" are intended to provide a maximum of 291 dwelling units. 3.3 PERMITTED USES AND STRUCTURES A. Principal Uses and Structures 1. S ingle- family attached and detached. 2. Duplex and two-family. 3. Multiple-family. 4. Townhomes B. Accessory Uses and Structures 1. Common indoor and outdoor recreational facilities. 2. Sales and leasing facilities. 3. Clubhouse, meeting rooms. 4. Uses and structures that are accessory and incidental to uses permitted in this area. Agenda.BCCAGENDA.16210 3/18/05 III-I Agenda Item No. 88 October 11, 2005 Page 57 of 83 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the "R" Residential District. B. Required Parking: Parking within the residential area shall be provided based on the following standards: 1. Recreation Facilities - 2 per court, 1 per 600 square feet of building area, 1 per 200 square feet of pool water area. No additional parking shall be required for outdoor playground facilities. Up to 10 parking spaces per recreational facility may be directly loaded off a private roadway serving the recreational area. 2. Temporary Model Sales Facility - minimum 6 parking spaces per building. Parking for models or temporary sales facilities shall be permitted to back directly onto private roadways serving the units. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Santa Barbara Landings RPUD, shall be in accordance with the Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table I shall be established during the Site Development Plan Approval as set forth in Chapter 4 of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. Agenda.BCCAGENDA.1621O 3/18/05 III-2 Agenda Item No. 88 October 11, 2005 Page 58 of 83 TABLE I SANTABARBARA LANDINGS DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS All distances are in feet unless otherwise noted. Permitted Uses and Single Zero Lot Duplex, Single Multi-Family Standards Family Line Family DwellingsS Detached Attached and Townhouses Minimum Lot Area 5,000 SF 4,000 SF NA NA Minimum Lot Width 50' 40' NA NA Minimum Lot Depth 100' 100' NA NA Front Yard Setbacl! 20' /23' 20' /23 20' /23' 20'/23' Side Yard Setback 6' 0' or 6' 0' or 6' 15' Rear Yard Setback- 15' 15' 15' 15' Santa Barbara Blvd. R-Q-W Setback 20' 20' 20' 20' Rear Yard Accessory Setback2 10' lD' 10' 10' Preserve Setbac1?' Accessory 10' 10' 10' 10' Principal 25' 25' 25' 25' Maximum Zoned Building 2 Stories 2 Stories 2 Stories 2 Stories Height or 30' or 30' or 30' or 30' Distance Between" Detached Principal Structures 12' 12' ]2' 15' Floor Area Min. (SF) 750 SF 750 SF 750 SF 750 SF 1 Front yards shaJl be measured as follows: A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. B. Ifthe parcel is served by a private road or access easement, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). For multiple family buildings served by an unplatted driveway, no setback shaJl be required; however, adequate stacking shall be provided to accommodate vehicular parking. For tract B, front entry garage setback shall be a minimum of 23' from private row or back edge of sidewalk. C. For structures with side or rear entry garages, the minimum front yard may be reduced to 12'. , -Rear yards for principal and accessory structures on lots and tracts which abut lake, or open space (non-preserve) may be reduced to 0' feet; however, a reduced building setback shall not reduce the width of any required landscape buffer, as may be applicable. 3For purposes of this Section, accessory structures shall include but not be limited to attached screen enclosures and roofed lanais. 4 A minimum building separation of twelve (12) feet between detached structures. Detached garages may be separated by a minimum often (10) feet. 5 Attached single-family and multi-family structures within Tract B shall not exceed 4 dwelling units per structure. Agenda.BCCAGENDA. ]621 0 3/18/05 1II-3 Agenda Item No. 88 October 11, 2005 Page 59 of 83 SECTION IV PRESERVE "P" AREAS 4.1 PURPOSE Section IV establishes permitted uses and development regulations for areas within Santa Barbara Landings RPUD that are designated as Preserve "P" on the RPUD Master Plan. 4.2 GENERAL DESCRIPTION Areas designated as "P" on the RPUD Master Plan are designed to accommodate natural systems existing or created as preserves and limited water management uses and functions. 4.3 PERMITTED USES AND STRUCTURES A. No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, subject to review and approval by local, state & federal agencies as required, for other than the following: B. Permitted Principal Uses and Structures 1. Boardwalks and nature trails (excluding impervious paved trails). 2. Water management facilities. 3. Any other preserve and related use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the Preserve Area. 4.4 PROPERTY DEVELOPMENT REGULATIONS A. Building setbacks shall be 20 feet from the RPUD boundary for any permitted structure. B. Maximum zoned height for any structure shall be 20'. 4.5 PRESERVE AREA ADJUSTMENTS The proposed preserve areas depicted on the Santa Barbara Landings RPUD Master Plan are intended to meet the native vegetation requirements of the Collier County Growth Management Plan and the Collier County LDC. Adjustments may be made to the location of the preservation areas at the time of preliminary plat or site development plan approval based on jurisdictional agency permit requirements. Approximately 6 acres of native vegetation exists on-site at the time of rezoning application. Through retention of existing native vegetation and revegetation of open Agenda.BCCAGENDA.1621O 3/18/05 IV-l Agenda Item No. 88 October 11 . 2005 Page 60 of 83 spaces on-site, the developer shall provide a mmmmm of 3 acres of on-site native vegetation, which shall consist of a minimum of 1.5 acres of retained vegetation and 1.5 acres of replanted and enhanced native vegetation. Agenda.BCCAGENDA.1621O 3/18/05 IV-2 Agenda Item No. 88 October 11, 2005 Page 61 of 83 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 RPUD, 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 RPUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. These developer 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, it successors and assigns, regardless of turnover or not to any property or homeowners' association The developer, his successor or assignee, shall follow the RPUD Master Plan and the regulations of this RPUD as adopted and any other conditions or modifications as may be agreed to in the rezoning ofthe property. In addition, any successor in title or assignee is subject to the commitments within this Agreement. 5.3 RPUD MASTER PLAN A. Exhibit "Alt, RPUD 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 Chapter 10 of the LDC, amendments may be made from time to time. 5.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT A. The landowners shall proceed and be governed according to the time limits pursuant to Chapter 10 of the LDC. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Chapter 10 of the LDC. Agenda.BCCAGENDA.16210 3/18/05 V-I Agenda Item No. 88 October 11,2005 Page 62 of 83 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 ofthe LDC. 5.6 SURFACE WATER MANAGEMENT In accordance with the Rules of the South Florida Water Management District (SFWMD), this project shall be designed for a storm event of 3-day duration and 25-year return frequency. A. The project will be permitted with the South Florida Water Management District and copies of the applicable permits will be provided to Collier County prior to issuance of applicable County permits. B. Existing lakes already constructed as of the effective date of this regulation shall be allowed to continue to exist in accordance with the cross sections shown on Surface Water Management Plan, Exhibit "B". Any new lakes must meet the requirements of the then current LDC. 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. 97-17, as amended, and other applicable County rules and regulations. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. C. Water and wastewater systems shall be constructed in accordance with State of Florida Laws and Collier County's Codes and Ordinances. D. All construction plans, technical specifications and hydraulic design reports are to be reviewed and approved in writing by the Engineering Services Department of the Community Development and Environmental Services Division prior to commencement of construction E. Upon completion of construction, all water and wastewater systems within the project shall be tested and must meet minimum County standards and Agenda.BCCAGENDA.16210 3/18/05 V-2 Agenda Item No. 88 October 11, 2005 Page 63 of 83 requirements. The system(s), or a portion thereof, that is found to meet the requirements set forth in item #5 below, may then be conveyed to the County for ownership and maintenance. F. If County's utility system does not have access readily available to serve a project within the County's service area, extensions to the County infrastructure may be required. All required extensions shall be the sole responsibility of the Developer, fiscally and otherwise (time and schedule), unless such extension has been previously defined in the County Water and/or Wastewater Master Plan. In such case, the developer may negotiate an upsizing agreement with the County. If it is determined by the County that neither of these two options are feasible, in interim system may be considered. G. Items on the fo Howing list shall be conveyed to the County for ownership and maintenance upon approval from the Board of County Commissioners if they are located within a County right-of-way or County Utility Easement (CUE), are in compliance with the latest revision of the Collier County Utilities Standards and Procedures Ordinance, and are connected to the County Water, Wastewater or Reclaimed Systems: 1. Potable water lines 6" or larger, including water meters and backflow devices that are not on fire lines. 2. Gravity wastewater lines 8" or larger. 3. Wastewater lift stations that are located within a CUE. 4. Force mains 4" or larger. 5. CUE's that are determined to be necessary to access and maintain utility systems and structures. 6. Non-potable inigation water lines 6" or larger, including the water meter and backflow devices. For potable and reclaimed water distribution systems that will not be conveyed to the County, a master meter shall be required. Such systems shall be owned and maintained by the applicant, his successor or assigns, from the customer side of the master meter and backflow device or the check valve at the property line or County Utility Easement limit. School and park developments are included in the list of types of developments whose internal systems the applicant or assigns shall be responsible to own and maintain. H. Private lift stations shall conform to the same specifications that apply to public lift stations, unless a Deviation from the Ordinance has been granted in advance Agenda.BCCAGENDA.16210 3/18/05 V-3 Agenda Item No. 88 October 11, 2005 Page 64 of 83 and writing by the County Wastewater. The lift station Control Package shall include an operable Telemetry Control System, as specified by County Standards. I. The developer will pay all impact fees in accordance with the latest revision of the Collier County Consolidated Impact Fee Ordinance, Code of Laws Section 74.303(d). 1. PUD's and DRI's shall have only one master pump station. K. Lift station easement areas shall be designed to 30 feet by 30 feet, or twice the wetwell depth by twice the wetwell depth, whichever is larger. L. Pursuant to Ordinance No. 90-30, as amended, Code of Laws Chapter 118, solid waste disposal shall be required in the form of bulk containers service (garbage dumpsters and/or compactors) for all commercial and industrial establishments, unless authorization for alternative means of disposal is approved by the Public Utilities Division. Bulk container service shall be required to all multi-family projects not receiving curbside pickup. Solid waste disposal shall be required in the form of curbside pickup for all units on the annual Mandatory Trash Collection and Disposal Special Assessment Roll's. All individual units within a deed-restricted area must have an enclosed location other than the residential structure, such as a carport or garage for the storage of individual solid waste containers, or as otherwise permitted in Section 5.03.04 of the LDC. M. Pursuant to Ordinance No. 90-30, as amended, Code of Laws Chapter 118, all provisions and facilities for solid waste collection and disposal shall conform to all portions of Section 5.03.04 (Solid Waste Collection and Disposal) of the latest edition of the LDC. 5.8 TRAFFIC The development of this RPUD Master Plan shall be subject to and governed by the following conditions: A. 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). B. 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). C. Site-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 Agenda.BCCAGENDA.16210 3/18/05 V-4 Agenda Item No. 88 October 11,2005 Page 65 of 83 required improvements shall be in place and available to the public prior to the issuance of the first CO. D. Road impact fees shall be paid in accordance with Collier County Ordinance 01- 13, as amended, Code of Laws Chapter 74 and Chapter 6 and Chapter 10 of the LDC, as it may be amended. E. All work within Collier County rights-of-way or public easements shall require a Right-of-way Permit. F. 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 RPUD 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. G. 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. H. 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. I. 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. 1. 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. K.. Upon written request by Collier County the property owner shall dedicate, to Collier County without compensation, an area of approximately 721::1: square feet for road right-of-way purposes, as depicted on the RPUD Conceptual Master Plan. Agenda.BCCAGENDA.162] 0 3/18/05 V-5 Agenda Item No. 88 October 11, 2005 Page 66 of 83 5.9 PLANNING Pursuant to Chapter 2 of the LDC, 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. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, shall be submitted to Environmental Services Staff for review and approval prior to Final Site Development Plan/Construction Plan approval for all parcels included on that project. All category 1 invasive exotic plants as defined by the Florida Exotic Pest Council shall be removed in Preserve areas, and annual removal (in perpetuity) shall be the responsibility of the property owner. B. A minimum of (3.0 acres) of the on-site native vegetation shall be retained or revegetated, consistent with Chapter 3 of the LDC as conceptually shown as preserve areas on the Exhibit "A", Conceptual RPUD Master Plan. C. Setbacks from preserves shall be as required in the Santa Barbara Landings RPUD, Table 1. D. All preserve areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be so dedicated on all plats or recorded as an easement for site plans pursuant to Section 704.06 of the Florida Statutes, for plats and be dedicated to the project's homeowners' association or like entity for ownership and maintenance responsibility, and to Collier County with no responsibility for maintenance. All documentation necessary to record conservation easements over the preserve areas shall be provided prior to the next SDP approval for this RPUD. E. This RPUD 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 plan approval. F. This RPUD shall be in compliance with the Growth Management Plan, and LDC, except as may be modified herein, at the time of final development order approval. G. A preserve 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. A Agenda.BCCAGENDA. J 6210 3/18/05 V-6 Agenda Item No. 88 October 11, 2005 Page 67 of 83 SFWMD jurisdictional determination shall be shown on the site development plan. H. All approved agency permits shall be submitted pnor to final site plan/construction plan approval. 1. A replanting plan for the re-created preserve areas shall be provided at the time of next development order submittal. Perimeter berms shall be located outside of all upland/wetland preserves. Agenda.BCCAGENDA.] 621 0 3/18/05 V-7 Agenda Item No. 88 October 11,2005 Page 68 of 83 TRAFFIC IMPACT STATEMENT FOR SANTA BARBARA LANDING PUD Prepared by: Q. GRADY :MINOR & ASSOCIATES, P.A. CIVIL ENGINEERS. LAND SURVEYORS. PLANNERS 3800 Via Del Rey Bonita Springs, Florida 34134 (239) 947-1144 JUNE 2003 F:\JOB\SANTABARBARAlAND\Cds\SBlPUDTIS.DOC SBLPUD Agenda Item No. 88 October 11 , 2005 Page 69 of 83 Page 1 SANTA BARBARA LANDING PUD INTRODUCTION The subject Santa Barbara Landing PUD proposes a change in allowable land uses for a 35:!: acre parcel located on the southwest comer at the intersection of Radio Road and Santa Barbara Boulevard. The property is located in the northwest quarter of Section 4, Township 50 South, Range 26 East, Collier County, Florida. For project location please refer to Figure 1, Location Map, page 2. The approved for 248 multiple family dwelling units, which have been constructed. The current request proposes a maximum of 300 multiple family dwelling units, or an additional 52 units over existing. The project has one existing entrance on each Santa Barbara Boulevard and Radio Road. Refer to Figure 2, on page 3, for a reduction of the proposed concept plan. SCOPE The following analyses are included in this report: 1. Trip Generation Calculations (at buildout) presented for Peak Season Daily Traffic (pSDT) including the respective peak hour volwnes. Trip Assigmnent within the Radius of Development Influence (RDQ. ,Existing Traffic Volumes within the RDI; AADT volumes, PSDT volwnes, and Level of Service (LOS). Discussion of impacts to roadways within the RDI. - 2. 3. 4. TRIP GENERATION Trip generation rates are estimated using 6th Edition Trip Generation published by the Institute of Transportation Engineers. Land Use Code 220, Apartment and Land Use Code 230, Residential Condominium were used to estimate trip generation for the project. Trip generation calculations are presented for both the existing and proposed land uses. Summaries of the Trip Generation Calculations for the project are shown on Tables 1 and 2, on pages 4 and 5. The trip generation for the proposed uses is estimated to be 1,994 trip ends for daily traffic volume and 188 trip ends during the highest peak hour (PM). The trip generation for the previous land uses is estimated to be 1,621 trip ends for daily traffic volume and 153 trip ends during the highest peak hour (PM). This represents net new trips 0073 trip ends for daily traffic and 35 trip ends during the highest peak hour for the property. Please refer to the DISCUSSION section for details concerning the effects of these traffic volwnes on the level of service for roadway links within the RDI. F:'JOB\SANTABARBARALAND\Cds\SBLPUDTIS.DOC SBLPUD Agenda Item No. 88 October 11, 2005 Page 70 of 83 FIG URE 1 B \ ~ I 20 ,. 24 IV 20 2' 22 ! DEN 21 GATE 27 0 51 a . 33 34 Gulf .. " . a" J Of Mexico .- ........ & ..., ..... ~ -.... .... "" CXlM1IITCI..W o:u:: CUll CITY '''YD OF . 0 .........- 0 NAPLES . a II: II. a I . 0 . . . 10 . "AICE . '0 '2 . 0 . . z . : "" Will TI..IC II . IUIIHI a ""'111' . "I VI 1:"" ..., 1" ~'t:. .. 1& .. 1. .."'... ,. I. ii a - .- lIi . """""'.... " 'HOM"'llell "'" 1 L II N II Ie E lfAIUIOCr: .. ....Y lAY LE:"'Y arlla ........ .... 22 23 24 20 21 22 """'" UJ. EDlSlON CO\AI.IUNIlY cou.EGE :E 27 26 25 30 28 27 c( al (') N ;. .... .... ....- 34 35 36 31 32 ~ u: en r:: ~ '0 en 3 2 5 W 0:: ::J ~ u: fJ) S ~ c( CD SANTA BARBARA LANDING PUD 0:: c( CD ~ LOCATION MAP z c( ~ Cl ~ :9 cD COl.()C"') FIG URE 2 cooco .0.... ~o ...... I'- w.....Q) _Q)0l -.oro ~ C'Ooa.. , ~ . "0 - . c::(.) f pi ala II If OJ I 11111 I <C II f"Il'1 !t I II I' Id - ... II · ..!",..,...-...... .1 111,11 ~ ! - :E c. ..... " ~ N ..... N C!> u: en ~ ~ "C en w a::: ::J (!) u:: en E: ~ ...... I If II Ir f . J I Ill! I 'I.IIII~I 1,II:i ii~ I i~'!11 i1t-!1 ; !IIG !l.~ ~ ~ Ui ~ ~ C) SANTA BARBARA LANDING PUD MASTER CONCEPT PLAN l^Jd D:B~:Z~ 'dl^JO '6MP'dll'l:::>\1fCl\f8~\f8 \flN\fS\s6MP\: Santa Barbara Landing Existing SUMMARY OF TRIP GENERATION CALCULATION FOR 248 DWELLING UNITS OF APARTMENT 6-27-03 Agenda Item No. 88 October 11 , 2005 Page 72 of 83 DRIVE AVERAGE STANDARD ADJUSTMENT WAY RATE DEVIATION FACTOR VOLUME AVG WKDY 2-WAY VOL 6.53 0.00 1.00 1621 7-9 AM PK HR ENTER 0.08 0.00 1.00 20 7-9 AM PK HR EXIT 0.43 0.00 1.00 106 7-9 AM PK HR TOTAL 0.51 0.00 1. 00 126 4-6 PM PK HR ENTER 0.41 0.00 1.00 102 4-6 PM PK HR EXIT 0.20 0.00 1. 00 50 4-6 PM PK HR TOTAL 0.62 0.00 1.00 153 SATURDAY 2-WAY VOL 6.82 0.00 l.OO 1691 PK HR ENTER 0.00 0.00 l.OO 0 PK HR EXIT 0.00 0.00 l.OO 0 PK HR TOTAL 0.49 0.00 1. 00 121 SUNDAY 2':'WAY VOL 6.0l 0.00 1. 00 149l PK HR ENTER 0.00 0.00 1.00 ( PK HR EXIT 0.00 0.00 1. 00 0 PK HR TOTAL 0.00 0.00 1. 00 0 Note: A zero rate indicates no rate data available The above rates were calculated from these equations: 24-Hr. 2-Way Volume: T = 5.994(X) + 134.114, R....2 = .88 7-9 AM Peak Hr. Total: T = .497(X) + 3.238 R....2 = .83 , .l6 .Enter, .84 Exit 4-6 PM Peak Hr. Total: T = .54l(X) + 18.743 R....2 = .75 , .67 Enter, .33 Exit AM Gen Pk Hr. Total: T = .542(X) + 3.805 R^2 = .82 , .28 Enter, .72 Exit PM Gen Pk Hr. Total: T = .599(X) + 16.5 R^2 = .8 , .61 Enter, .39 Exit Sat. 2-Way Volume: T = 7.852(X) + -256.189, R^2 = .85 Sat. Pk Hr. Total: T = .412(X) + 19.226 R^2 = .56 , 0 Enter, 0 Exit Sun. 2-Way Volume: T = 6.418 (X) + -101.116, R^2 = .82 Sun. Pk Hr. Total: 0 R^2 = 0 , 0 Enter, 0 Exit Source: Institute of Transportation Engineers Trip Generation, 6th Edition, 1997. TRIP GENERATION BY MICROTRANS Santa Barbara Landing Proposed SUMMARY OF AVERAGE VEHICLE TRIP GENERATION AVERAGE WEEKDAY DRIVEWAY VOLUMES 6-27-03 Agenda Item No. 88 October 11 , 2005 Page 73 of 83 24 HOUR AM PK HOUR PM PK HOUR TWO-WAY LAND USE SIZE VOLUME ENTER EXIT ENTER EXIT APARTMENT 248 DWELLING UNITS 1621 20 106 102 50 RESIDENTIAL CONDOMINIUM 52 DWELLING UNITS 373 5 25 24 12 TOTAL 1994 25 131 126 62 Note: A zero rate indicates no rate data available TRIP GENERATION BY MICROTRANS Agenda Item No. 88 October 11,2005 Page 74 of 83 Page 6 TRIP ASSIGNMENT The projected directional distribution of traffic to and from Santa Barbara Landing PUD site was based on the previously approved zoning TIS. Project directional distribution is shown on Table 3, page 7. The distribution is shown for roadways within the Radius of Development Influence (RDI) only. EXISTING TRAFFIC Table 4, page 8, shows existing AADT traffic volumes, including peak hour volumes, for all major roadway links within the RDI. The values were taken from the 2002 traffic counts published in the Collier County Annual Update Inventory Report. The traffic count data is presented in Appendix A, Supporting Data. Level of Service (LOS) determinations are made based on the Maximum Service Flow "Capacity" presented in the Collier County Street Inventory. The street inventory is also presented in Appendix A, Supporting Data. DISCUSSION . The impact of project traffic volumes on the roadway network surrounding the project is not significant. Project traffic volumes represent less than 1 % of the maximum service flow capacity for all roadway links within the RDI. The volume of proposed project traffic does not degrade the level of service of any of the roadway links within the project RDI below acceptable standards, considering planned improvements. With planned improvements, all segments will operate at LOS Standard or better. All segments will also have excess peak hour capacity greater than the projected trip generation for the subject property. F:\JOB\SANT ABARBARALAND\Cds\SBLPUDTIS.DOC SBLPUD cnl.OC") 00000 ~o 1.0 r- 2ID~ ;;-g&: ~ "O~~ (I.) c:..... roO Cl Pol <( . .,- t) ~~ 'te. 'te. '#. 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I I ii ~ Q 0 Q Q U U U U U U U U U W W ~ ~ ~ ~ u u u ~ w ~ ~ w ill o! j I s ... i ; 1 ,~ ~ 9 !~ i ; 8 ~ ~ ~ ] I i ~ .. ! l j i i 8 ~ ~ ~ I &\2 ~ :8 , is ~ ~ .. ! ~ 6 ~ Il i! ~ ~ ~ i ~ ~ ! ~ ~ ~ ~ ! ~ l B B ~ ~ g c;. ~ ~ I~ I ~ :i~el ! l:i ! 1 ; I ~ ~ ~ !J :i lJ ~ a ei el B l! ~ ~ ei i ~ j :) l! B ~ 11I '" '" 11 e e e ~ ~ ~ ~ ~ ~ e ~ ~ ~ ~ ~ i ~ ~ ~ ~ ~ ~ ~ Q ~ ~ ~ ~ ill ill t ~ I~ ~ 2 i : I~ :i ill 5 QUj .!:l i I( i s: "" B .:l cs 1 I~ ~ 1<'1 ! ! l ! ! ! ! ! ! l 1 ~ I 1 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ! ! ! ! ! ! ! ! l ~ ill I I ! i 1 J I i J J 1 ] ! J J J J ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~. ~ ~ ~ ~ ~ ~ ~ f i! ~ ~ ~ III ~ ! ! 5 &l . ~ ., .. ~ . ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ '" ~ ~ ! ~ ! ~ ! ~ '" - ~ -- .~ l; f I II I: Ii II Ii - ., II ! I~ I II II II II Ii 11 . .......'.'""2~~;_.H~..._ Agenda Item No. 88 October 11 . 2005 Page 81 of 83 ... YEAR ROADWAY FROM I TO DEFICIENT POTENTIAL SOLUTIONS Davis Boulevard . Airoort Road to County Barn 2003 Desim Pro 2006 Immokalee Road 1-75 to CR951 2003 1-75 Ramp Project under CST will Improve ., LOS Radio Road Livinlrston to Santa Barbara Blvd. 2003 Access'Manallement I:InDrovements 2004 Santa Barbara Green Blvd. ~ Oolden Gate 2003 CST Ptogr8DlIIled 2005 Boulevard Parkwav Tamiami Trail North Immokalee Rd. to Vanderbilt 2003 Policy Constrained I Livingston and ros4n Beach Rd Goodlette Proiects Tamiami Trail North Pine Ridge Road to Golden Gate 2003 Policy Constrained I Livingston and roS41) Parkwav Goodlette Projects Davis Boulevard County Bam Road to Santa 2004 Design Programmed 2006 Barbara Blvd, Collier Boulevard Immokalee Rd. to Golden Gate 2004 CST Programmed 2005 (CR951) Blvd. Rattlesnake Polly Avenue to CR951 2004 CST Pro~ 2003 Hammock Santa Barbara Golden Gate Parkway to Radio 2004 CST Programmed 2005 Boulevard Road Vanderbilt Beach Logan Boulev!lf(l to CR951 2004 CST Programmed 2003 Road County Barn Road Davis Blvd, to Rattlesnake 2005 CST Programmed 2004 Hammock Davis Boulevard Santa Barbara Blvd. to Radio Road 2005 .. PDOT Proe: ROW. #1 Prioritv SR 951 US41 to Manatee Road 2005 US 41 Project under CST will Improve 951 Intersection Collier Boulevard Davis Blvd. to Rattlesnake 2006 CST Programmed 2006 (CR951) Hammock Rd. Tamiami Trail North Gulf Park Drive to Pine Ridge 2006 Policy Cons1rained I Livingston and (U841) Road Goodlette Proiects Collier Boulevard Golden Gate Blvd, to Pine Ridge 2007 CST Programmed 2007 (CR95n Road Collier Boulevard Rattlesnake Hammock Rd. to 2007 CST Programmed 2006 (CR9Sl) US41 ... ... ... II< II< II< These roadway segments, along with US41 from Airport Pulling Road to Rattlesnake Hammock Road, would be an existing deficiency by l00th highest hour (12 month) analysis. (4)J U Date:--l~ lib ID~ I Prepared By: Donald Scott, Transportation Planning Director existing Conditions Report - 2002 8 .... ""'" '~. PUD BERKSltM LAKES tem No. 88 er 11, 2005 ge 82 of 83 SANTA BARBARA LAHllINOS ...... .PUD PLNnA nciH . RIIF-8 ~ ~ 5 0 PUD ID ~ ~ "MLDM)IX) N' A ~ PUD a::: WILDWOOD E~ ~ ~ :t ...--.-- ~ ISlln ...... . Agenda Item No, 8B October 11, 2005 Page 83 of 83 ~/lJnuJyLY 1395 I'aDIber I.aoe SuIIe 300 Naples, PIodda 34109 'M 239.262.5959 Pax 239.434.4999 www.quarles.c:om Act.rlll,. ..t L... ial ~ and naon, Nb:tmIl NtIp/tJs _.Boca RAttm, JIIorida ~, l1linots MiluNItdIIe and MIldfson, lJ'lseon.rtn March 29, 2005 RECEIVED APR 0 I Z005 ZONING DEPARTMENT Michael J. DeRuntz Principal Planner . , Cornmunlty Development and Environmental Services Division' Department of Zoning and Land Development Review 2800 North Horseshoe Drive Naples, FL 341 04 RE: PUDZ-2003-AR-4493 Dear Mr. DeRuntz: 'Ihias corne to' my attention that the owner of the property that is the subject of the above- referenced pet/tiOIT ha~'re-pe~~ioned t~e County to have the PUD changed. Quarles & Brady Is counsel for the ~lfJntfition!tomeR~net.~'~sq~j~~,~n. Qf C~lIIer County, Inc. C-AssociationG), which is the governing bc;>dy for .the adfac811t properly. "Representatives of the Association met with representatives of the owner/petitioner emd agreed to compromise agreeing that the density be reduced from 52 to 42, and the affordable housing component be withdrawn. However, we have requested additional buffering in the way of a wall and are not at all satisfied with the petitioner's response or lack thereof concerning this request. Please accept this letter as notice on behalf of the Association that they object to the petition In Its current form unless and until a resolution Is reached to provide for protection and health and safety of the residents of the Plantation Association and to preserve and protect the aesthetic integrity of the community. Thank you for your ~ttehtion to this ma,tter. ' Sincerely, QUARLES & BRADY LLP ~ .fI: John D. Humphrevllle JDH:kaf '. ....~ . ce: Glen'n CarroTI, Ma'nager. of Plantation Homeowners , ,":'~"" . ',: ,.~..! . . . .As$ociati<?i1'of Collier County, Inc. ,!,'" D.W,ayneAmold': . Richard Yovan6viCh, Esq. . '\ '" : . ~ . . , . I:"t", : ~ . f- . . J,' . ...\' ~ : ,':,..... -.'''' .. " .: ..~::: ,', 1~' I;, ':;'. .. :'''1~'i::'"j; . .. l."~.~" ~~ ::: ,": j~~ ~~ :;, .\;;.. QBNAP\457606.1 Agenda Item No, 8e October 11, 2005 Page 1 of 68 EXECUTIVE SUMMARY PUDZ-A-2004-AR-6092: Benderson Development Company, represented by Agnoli, Barber & Brundage, Inc. and R. Bruce Anderson, Esquire of Roetzel & Andress, requesting an amendment to the Westport Commerce Center PUD for the purpose of revising the PUD document and Master Plan to show a reduction in the intensity of the commercial/retail and industrial square footage, delete the "Accommodations District" land use, increase the amount of preserve area, and changing the PUD reference to MPUD (Mixed Use PUD). The property is located on Collier Boulevard (C.R. 951) and Davis Boulevard, in Section 3, Township 50 South, Range 26 East, Collier County, Florida, consisting of 96.3::1: acres. 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 requests to continue the BCC hearing date from October 11, 2005 to October 25, 2005 due to the inability of the property owner to reach an agreement on cost sharing for the shared access. Staff has requested the applicant to update the PUD master plan to reflect an interconnection to the property to the west, zoned RMF-12 (Waterways) and to include language in the PUD document that reflects this change, The PUD master plan has been updated, and has been included in the BCC packet. The applicant will provide staff with the updated pun document for the October 25, 2005 hearing. The petitioner wishes to amend the Westport Commerce Center PUD, which was originally approved with the adoption of Ordinance Number 94-56 on October 26, 1994. The proposed revisions include: changing the PUD reference to MPUD (Mixed Use), revising the PUD document and Master Plan to show a reduction in the intensity of the commerciaVretail and industrial square footage, deleting the "Accommodations District" land use, and increasing the amount of preserve area. The approved PUD allows a maximum gross floor area of 255,000 square feet of commercial/retail use in approximately 25.7 acres; 450,000 square feet of industrial use in approximately 31.5 acres, and 18.8 acres of preserve within the 97::1:-acre project site. Access is from both Collier Boulevard (C.R. 951) and Davis Boulevard. The proposed revisions to the PUD document and Master Plan intend a maximum gross floor area of 350,000 square feet of commercial/retail use in approximately 39.3 acres, and 105,000 square feet of industrial use in approximately 8 acres within the 97:l:-acre project site. A preserve area of 7,9::1: acres is proposed in addition to the original approved minimum amount of WESTPORT COMMERCE CENTER, PUDZ-A-2004-AR-6092 EXECUTIVE SUMMARY Page 1 of 5 Agenda Item No, Be October 11, 2005 Page 2 of 68 18.8 acres that is required to be retained, for a total of 26.7::1:: acres. Numerous water management lakes will be provided on site. Within the proposed application, the PUD document and Master Plan are revised to remove the land use designation for the 6.0 acre "Accommodations District" tract; increase the Commercial Retail tracts from 25.7 acres to 39,3 acres (13,6 acre increase); reduce the Light Industrial tracts from 31.5 acres to 8,0 acres (23,5 acre reduction); and, increase the amount of preserve area from 18.8 acres to 26,7 acres (7.9 acre increase), These changes include a 95,000 square foot increase in Commercial Retail uses (from 255,000 square feet to 350,000 square feet) and a 345,000 square foot decrease in Light Industrial uses (from 450,000 square feet to 105,000 square feet), This petition is incorporating a strike-thru and underline format to address the specific proposed changes. It has been detennined that this type of PUD amendment does not "open" the entire PUD to additional scrutiny, The changes proposed as part of this amendment include changing the reference of the PUD type to a Mixed Use PUD. When this project was last amended in 1994, there was only the designation of "PUD"; there were no subcategories of PUD, The Land Development Code (LDC) now recognizes several types ofPUDs, of which Mixed Use is one, A Mixed Use PUD is the type of PUD that recognizes a project that contains more than one use component. This PUD consists of commercial/retail and industrial components. The Mixed Use PUD designation more clearly defines the project. The PUD has also been revised to update LDC citations in compliance with the changes adopted in Ordinance Number 04-04 that reformatted the entire LDC. A subdivision plat has been recorded in Plat Book 41, pages 60 and 61 of the Public Records of Collier County. The County has approved site development plans for Lot 1, Wal-Mart (AR- 2124), and also for Lots 2, 3, and 4, Market Center (AR-3770), consisting of commercial/retail and industrial uses. 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 WESTPORT COMMERCE CENTER, PUDZ-A-2004-AR-6092 EXECUTIVE SUMMARY Page 2 of 5 Agenda Item No. Be October 11, 2005 Page 3 of 68 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. Please note that the inclusion of impact fees and taxes collected are for infonnational purposes only; they are not included in the criteria used by Staff and the Planning Commission to analyze this petition. GROWTH MANAGEMENT IMPACT: The subject property is designated Urban - (Industrial District, and Urban Commercial District, Interchange Activity Center Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Urban Industrial District permits basic industrial uses and limited commercial uses; Interchange Activity Center (#9) permits the full array of commercial uses; residential and non-residential uses; institutional uses, Business Park; hoteVmotel uses at a density consistent with the Land Development Code; industrial uses in the northeast, southwest and southeast quadrants, The entire Interchange Activity Center is eligible for up to 100 percent of the entire acreage to be developed for any of the uses referenced above, except the maximum amount of commercial acreage shall not exceed 55 percent of the total acreage (632,5) of Interchange Activity Center #9. A maximum of 347.88 total acres is eligible for commercial zoning; 325.23 acres are presently pending or zoned commercial, leaving 22.65 acres eligible for rezoning to commercial within Activity Center #9. Therefore, the petitioner's request for an additional 13.6 acres of the PUD to be designated for commercial land uses would qualify under these criteria. 632,5 acres X 55 percent = 347,88 acres maximum eligible for commercial zoning 325.23 acres zoned/pending commercial zoning = 22,65 acres eligible for rezone to commercial. FLUE Policy 5.4 requires new land uses to be compatible with, and complementary to, the surrounding land uses, Zoning 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 and determines that the proposed changes will not affect the Environmental compliance of the PUD. The environmental issues were adequately addressed in the 1994 PUD document. ENVIRONMENTAL ADVISORY COUNCIL (EAC) ISSUES: The Environmental Advisory Council (EAC) did not hear this petition. WESTPORT COMMERCE CENTER, PUDZ-A-2004-AR.6092 EXECUTIVE SUMMARY Page 3 of 5 Agenda Item No, 8e October 11, 2005 Page 4 of 68 PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission (CCPe) heard this petition on July 21,2005, and by a vote of 6 to 1 recommended to forward this petition to the Board of County Commissioners (BCe) with a recommendation of approval subject to staff stipulations and the CCPC stipulation as follows: At the time of Site Development Plan approval any proposed commercial use that results in site generated trips in excess of the amount listed ITE Trip Generation Manual Land Use Code #770 and #820 as listed in the petitioner's Traffic Impact Statement (TIS) for this petition will require a public hearing for approval. Since this petition did not receive unanimous approval, it cannot be placed on the Summary Agenda. The dissenting CCPC member did not specify the reason for not recommending approval of this petition, 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 (BCe) must be based. The legal considerations are reflected in the Collier County Planning Commission's evaluation of the listed criteria in Section 10.03.05 and Section 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 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. RECOMMENDA TION: Staff recommends that the Board of County Commissioners (BCe) approve Petition PUDZ-A- 2004-AR-6092, which repeals Ordinance Number 94-56, and adopts the revised Westport Commerce Center 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 and 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: Carolina Valera, Principal Planner WESTPORT COMMERCE CENTER, PUDZ-A-2004-AR-6092 EXECUTIVE SUMMARY Page 4 of 5 Department of Zoning & Land Development Review WESTPORT COMMERCE CENTER, PUDZ-A-2004-AR-6092 EXECUTIVE SUMMARY Agenda Item No, 8e October 11, 2005 Page 5 of 68 Page 5 of 5 Ayenda Item No, 8e October 11, 2005 P':~Ue 6 of 68 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Be Th~s item is tloi.'lr.g requesled to t)f; contLnued 10 the Ociobe, 25_ 2005 Bee Mealing This item requires tl-Iet !'III ::;articlpanlS bl!' sworn in and ex parte disciosLlrt' bt: prOVided by CommiSSion :r1flmber$, PUOZ.A,-2004-AR..61J~}2, nender~on DfNclopmant Cempani', H)prf.'$C~tf)d bl/ Agnoll. Sarr..er e BmntJage Inc and R Bruce f~nder!lon Esquir", [It r-!oetzel.& t,ndress reqLlesti!lg at: <lmendrnent to the Westport C0mmelce Cente:- PUD for the purpose Df reVising tM PUr.) document l)nd M<;l~tfH Plan to show E rcom:1ion ill thfl Intensity of the commercial/retail 8'".d indulltl'l31 srJU,Ht:;I Il)0Iage, delete the t~ccomrTIodations District land use i"rrea!.(:' ihe 81",Wunt -:-f preSerll1'l areEl. <;nd tl,,,mgir,g Fie P1)[1 r~ferel'c& to MPUD (Mixsd lhe PUD) The property IS iocalDd on COql~f Boulevard (C.R OS1) and [)avl~ r:iolJlt'!v~lrd, If1 Sec..1.lon 3, Township 50 Sc.>uth R~nge 2[J East, Colliel C01l1ty, Floridc; tonSlslrn~ of 9G_3 acres, iPetltioner's reouest) Meeting O.te: 10/11/10059-0000,A.M Apprond By Sltndrll lell EJr.eeutive Secretary Community Development & Communlt)' Development & Environment31 S~r...ices Envlronm~ntar Services Admin. Date 9/Z!H2005 3:54 PM AI,proved By RllyBello~ CQMmUnlly Oeve!opment& Environnnmtal ScrvicC$ Chief Plonnef Qat<- Zoning. & Land Develop-ml;!nt Review 912912t105 3:59 PM Approved By Joseph K. Schmitt Community [)(tvl!Ilo-pment & Environmental Service& Admlnstl"ator Date CommunIty Development & Envlronment,,1 Ser'llces Comml.lnlty Davftlopmlilrnt & Environmental S(lrvicCJ; Admin 9f30/2oo5 lUll AM ^Ill)ro\'cd By JamesV.Mudd County Mannger D,te Board 01 C uunty COlHllIlssiQIlCrS County Mal1llgcr's On-Ice 9/30/20053:28 PM Agenda Item No, 8e October 11, 2005 Page 7 of 68 Co~r County _ .~~l __ STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: JULY 21,2005 SUBJECT: PETITION PUDZ-A-2004-AR-6092: BENDERSON DEVELOPMENT CO., REGARDING WESTPORT COMMERCE PUD APPLICANT: Benderson Development Company 8441 Cooper Creek Blvd, University Park, FL 34201 AGENT: Agnoli, Barber & Brundage, Inc. 7400 Tamiami Trail North, Suite 200 Naples, FL 34108 REQUESTED ACTION: The petitioner wishes to amend the Westport Commerce Center PUD, which was originally approved in Ordinance Number 94-56 on October 26, 1994. The proposed revisions include: changing the PUD reference to MPUD (Mixed Use), revising the PUD document and Master Plan to show a reduction in the intensity of the commerciaVretail and industrial square footage, deleting the "Accommodations District" land use, and increasing the amount of preserve area. GEOGRAPHIC LOCATION: The project is located on Collier Boulevard (C.R. 951) and Davis Boulevard, in Section 3, Township 50 South, Range 26 East, Collier County, Florida (see location map on the following page). G:\Current\Valera\PUD\Westport Commerce Center AR-6092\ST AFF REPORT.doc Page 1 of 8 Agenda Item No, 8e October 11 , 2005 Page 8 of 68 ..... .. ... I - I:- :I :! i\ l'l !:! :l = gR ~i I!I I CIIIHM'IIDI~ _YO h B E. lil~i I I ~ I I . It ..........,. e G:\Current\Valera\PUD\Westport Commerce Center AR-6092\STAFF REPORT.doc Page 2 of B c:l. <( :::E W J- en N '" Q II) a: < . "It Q Q N . N C ::) Q. ""z o !:: I- W Q. c:l. <( :::E z o J- <( () o ..J Agenda Item No, 8e October 11, 2005 Page 9 of 68 MASTER PLAN )I;)OWWVH 'liVa3::> and ~. I I I I illl iliTIyft 1111 i Ii i Ii 1111', -.~ ~ lIu,ms B;;tdM I ~ "" ~p '#. liE ~ 'Iii; ~ u~ Q - 1;;. I g: -~ ~ i5 ~ I i: - 0 :=:; I"" - N!;; II < : g 'I <~ - t.I.1z:.;! - II" -' ~ 21 : ill ;;/ 8 : .wl:l' : I ~ ~ z : ~ ~I' :: ~ ~,:I/I = ~ to 1 ~ ~ ~ ~lf ~$ ~; .~ U '" ~......#~ ~ I ~ ~ ~I .. b U ~ ....... ~~ I ~. f:l -l ~ ~ ~ gj ~ ~..., ~~ ~ .. ~I ~"':= 6~::; ~.. ~~ , N:c ~.. ~~ ~~~ ~.II.=.. ~....~.. ~..... ~#~ Ef~~ Ir < 6 ~ ~## ~.... ~ , ~~~ ~ ~;: ~ l&: ~'.'.II.'~ ~ 1 ~. i~ 100 o~. ~ ~ "'~ Ig: N 5l - _ ! ~"'''' i: 8 - 5 I lIu~na -, (! 3dAJ. _ l ~ :11 ~ l!l~ - ~ ~ 1..5 ~! Uhl ~ ~ ~ ~ < ~, ::~I rld!~ 0 ~ ~ v.l ~ s.: ::' 111111 i< ~I ~ 2~' :~ . ~IIUI ~8 ~...e.:~1 : il!ll!i " L !~~: · i~i~~i~ - ~ lIums - ~ _ _ (! ;;JdAJ. _ _ _ __ _ _ _ __ _ __ _ _ ___ _ __(~~'~N_~!... <!21.:! ~'!.]!l2..~ ~~ '!..,a__ _ _ _ __ _ _ _ _ __ _ __ - - ! <( i ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ MOM..... ,.... 0 ~ cO ~ ~ g s; II . . .. n .. ~ ~ ~ ~() ~ ~ ffi e: ~ ~!!l ti ~~~ Ci <cuffi o WWU) :::I ~ ~ l:! a. N N ... "" ., i' ~~ <[il;! ~- :E-li :E....g :::I ~. ~_ U)~:g _ W - >- ~~i ~~i OWl" W <i! ~~~~~~5 ...J(,)~:5a..a:J- z I r-----'----..---h ~I----...-..-'--..-hl--..--' z f----------.--..--l < I ~ ~ G:ICurrent\ValeraIPUDIWestport Commerce Center AR-6092\STAFF REPORT.doc Page 3 of 8 Agenda Item No, 8e October 11 , 2005 Page 10 of 68 PURPOSEIDESCRIPTION OF PROJECT: The current PUD document and Master Plan propose a maximum gross floor area of 350,000 square feet of commercial/retail use in approximately 39.3 acres, and 105,000 square feet of industrial use in approximately 8 acres within the 97::c-acre project site. A preserve area of 7.9::c acres is proposed in addition to the original approved minimum amount of 18.8 acres that is required to be retained, for a total of 26.7-3= acres. Numerous water management lakes will be provided on site. Access is planned from both Collier Boulevard (C.R. 951) and Davis Boulevard. Within the proposed application, the PUD document and Master Plan are revised to remove the land use designation for the 6.0 acre "Accommodations District" tract; increase the Commercial Retail tracts from 25.7 acres to 39.3 acres (13.6 acre increase); reduce the Light Industrial tracts from 31.5 acres to 8.0 acres (23.5 acre reduction); and, increase the amount of preserve area from 18.8 acres to 26.7 acres (7.9 acre increase). These changes include a 95,000 square foot increase in Commercial Retail uses (from 255,000 square feet to 350,000 square feet) and a 345,000 square foot decrease in Light Industrial uses (from 450,000 square feet to 105,000 square feet). This petition is incorporating a strike-thru and underline format to address the specific proposed changes. It has been determined that this type of PUD amendment does not "open" the entire PUD to additional scrutiny. The changes proposed as part of this amendment include changing the reference of the PUD type to a Mixed Use PUD. When this project was last amended in 1994, there was only the designation of "PUD"; there were no subcategories of PUD. The Land Development Code (LDC) now recognizes several types of PUD's, of which Mixed Use is one. A Mixed Use PUD is the type of PUD that recognizes a project that contains more than one use component. This PUD consists of commercial/retail and industrial components. The Mixed Use PUD designation more clearly defmes the project. The PUD has also been revised to update LDC citations in compliance with the changes adopted in Ordinance Number 04-04, that reformatted the entire LDC. A subdivision plat has been recorded in Plat Book 41, pages 60 and 61 of the Public Records of Collier County. The County has approved site development plans for Lot 1, Wal-Mart (AR- 2124), and also for Lots 2, 3,and 4, Market Center (AR-3770), consisting of commercial/retail and industrial uses. SURROUNDING LAND USE AND ZONING: North: I-75/Collier Boulevard Commercial Center PUD and along Davis Boulevard a commercial tract of the East Gateway PUD and the 1-75/Alligator Alley PUD, which is a commercial PUD. East: Forest Glen of Naples PUD along Collier Boulevard (improved residential PUD) South: Cedar Hammock PUD (improved residential PUD) G:ICurrent\ValeraIPUD\Westport Commerce Center AR-6092ISTAFF REPORT.doc Page 4 of 8 Agenda Item No, 8e October 11, 2005 Page 11 of 68 West: Cedar Hammock PUD and vacant lands zoned RMF-12 and Agricultural AERIAL PHOTO GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban - (Industrial District, and Urban Commercial District, Interchange Activity Center Subdistrict), as identified on the Future Land Use Map of the Growth Management Plan. Relevant to this petition, the Urban Industrial District permits basic industrial uses and limited commercial uses; Interchange Activity Center (#9) permits the full array of commercial uses; residential and non-residential uses; institutional uses, Business Park; hotel/motel uses at a density consistent with the Land Development Code; industrial uses in the northeast, southwest and southeast quadrants, The entire Interchange Activity Center is eligible for up to 100% of the entire acreage to be developed for any of the uses referenced above, except the maximum amount of commercial acreage shall not exceed 55% of the total acreage (632,5) ofInterchange Activity Center #9, A maximum of 347.88 total acres is eligible for commercial zoning; 325.23 acres are presently pending or zoned commercial, leaving 22.65 acres eligible for rezoning to commercial within Activity Center #9. Therefore, the petitioner's request for an additional 13,6 acres of the PUD to be designated for commercial land uses would qualify under these criteria, G:ICurrentIValeraIPUD\Westport Commerce Center AR-6092ISTAFF REPORT,doc Page 5 of 8 Agenda Item No, 8e October 11, 2005 Page 12 of 68 632.5 acres X 55% = 347.88 acres maximum eligible for commercial zoning 325.23 acres zoned/pending commercial zoning = 22.65 acres eligible for rezone to commercial. FLUE Policy 5.4 requires new land uses to be compatible with, and complimentary to, the surrounding land uses. Zoning 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 establfshes a factual basis to support the recommendations of staff. The Collier County Planning Commission (CCPe) 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 and determines that the proposed changes will not affect the Environmental compliance of the PUD. The environmental issues were adequately addressed in the 1994 PUD document. Transportation Review: Transportation Division staff has reviewed the petition and the PUD document that accompanies the request, and has offered no new language for the proposed amendment as the proposed exchange of the Hotel/Motel use for the increased commerciaVretail and industrial square footage uses, reduces the intensity of the original PUD, The 1994 PUD document incorporated Transportation staffs issues within the PUD document. Utility Review: The Utilities Department has reviewed the proposed changes and is requesting a potable well site. The applicant has not agreed to this request. The strike through and underline revised PUD document attached to this staff report reflects that fact. 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 G:\Current\Valera\PUD\Westport Commerce Center AR-6092\STAFF REPORT.doc Page 6 of 8 Agenda Item No. 8e October 11, 2005 Page 13 of 68 use planning, refers to the relationship of the uses that would be permitted if the proposed zoning action (PUD amendment) is approved, and to the requirements or limitations set forth in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP). The proposed uses were already determined to be consistent with the GMP, and it was already determined that those uses should be compatible with the land uses 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 and west boundaries, and the proposed lake at the south west comer of the PUD will provide further separation distance to a portion adjacent to Cedar Hammock residential PUD. NEIGHBORHOOD INFORMATION MEETING (NIM): The agent for the applicant, Fred Reischl of Agnoli, Barber & Brundage, Inc., held the required meeting on December 2,2004 at 6:00 P,M. at Edison Community College auditorium. Attendees included: Mr. Robin Meyer, Principal Planner for Collier County, Mr. Bruce Anderson, agent for Benderson Development Company, Mr. Al Fulton, Mrs, Carolyn Fulton, Mr, Ronald Thompson, Mr. Brooke Lawrence, Mr. Bob DeZurik and Mr, Alan Williams. No other members of the public attended (Synopsis of the NIM provided by Robin Meyer). STAFF RECOMMENDATION: Zoning & Land Development Review staff recommends that the Collier County Planning Commission forward Petition PUDZ-A-2004-AR-6092 to the Board of County Commissioners with a recommendation that this petition be deemed consistent with the GMP, and further that the PUD amendment be approved, with the limitations contained in the PUD document. Pursuant to section 10.02.13.K of the LDC staff also recommends that one potable water well and associated easements be dedicated for public use to Collier County. G:\Current\Valera\PUD\Westport Commerce Center AR-6092\ST AFF REPORT,doc Page 7 of 8 Agenda Item No, 8e October 11, 2005 Page 14 of 68 PREPARED BY: CAROLINA VALERA, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: MARJORIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY DATE RAYMOND V. BELLOWS, MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN MURRAY, AICP, DIRECTOR DEP ARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Scheduled for the September 27,2005 Board of County Commissioners Meeting COLLIER COUNTY PLANNING COMMISSION: RUSSELL A. BUDD, CHAIRMAN DATE Exhibits: A. Rezone Findings B. PUD Findings G:\CurrentWalera\PUD\Westport Commerce Center AR-6092\STAFF REPORT,doc Page 8 of 8 ORDINANCE NO. 05- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSI01\TERS AMENDING ORDINANCE NUMBER 2004-41, THE COLLIER COUNTY LAND DEVELOPMENT CODE, AS AMENDED. 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 PLANNED UNIT DEVELOPMENT (PUD) TO A MIXED USE PLANNED UNIT DEVELOPMENT (MUPUD) KNOWN AS WESTPORT COMMERCE CENTER MUPUD. TO REVISE THE PUD DOCUMENT AND MASTER PLAN TO SHOW A REDUCTION IN THE INTENSITY OF THE COMMERCIALIRETAIL AND INDUSTRIAL SQUARE FOOTAGE, DELETE THE "ACCOMMODATIONS 11 LAND USE SUBDISTRICT AND INCREASE THE AMOUNT OF PRESERVE AREA, FOR PROPERTY LOCATED ON COLLIER BOULEVARD (C.R. 951) AND DAVIS BOULEVARD (S.R. 84), IN SECTION 3, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 97-3= ACRES; PROVIDING FOR THE PARTIAL REPEAL OF ORDINANCE NUMBER 94-56, THE FORMER WESTPORT COMMERCE CENTER PUD; AND BY PROVIDING AN EFFECTIVE DATE. Agenda Item No. 8e October 11 , 2005 Page 15 of 68 WHEREAS, Agnoli, Barber & Brundage. Inc., and R. Bruce Anderson, Esquire, of Roetzel & Andress, representing Benderson Development Company, 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: Page 1 of3 Agenda Item No, 8e October 11, 2005 Page 160f 68 The zoning classification of the herein described real property located in Section 3, Township 50 South, Range 26 East, Collier County, Florida, is changed from Planned Unit Development (PUD) to Mixed Use Planned Unit Development (MUPUD) in accordance with the PUD Document, attached hereto as Exhibit nAn, which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in 2004-41, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 94-56, known as the Westport Commerce Center PUD, adopted on October 18, 1994, by the Board of County Commissioners of Collier County is hereby repealed only to the extent that the Ordinance is inconsistent with the additions and deletions set forth in the Westport Commerce Center MUPUD Document attached hereto as Exhibit "A". All other provisions of Ordinance Number 94-56 shall remain in full force and effect. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DUL Y ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of ,2005. ArrEST: DvnGHTE.BROCK,CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: FRED W. COYLE, CHAIRMAN Approved as to Form and Legal Sufficiency Page 2 of 3 Marjorie M. Student-Stirling Assistant County Attorney PUDZ.A-2004-AR -60921CV Isp Page 3 of 3 Agenda Item No, 8e October 11, 2005 Page 17 of 68 Agenda Item No, Be October 11 , 2005 Page 18 of 68 WESTPORT COMMERCE CENTER A PLANNED UNIT DEVELOPMENT 97 .OJ: Acres Located in Section 3, Township 50 South, Range 26 East Collier County, Florida PREP ARED FOR: ANDREW J. SALUAN, TRUSTEE AJS Realty Group, Inc, 3800 Airport Road North Naples, Florida 33942 PREPARED BY: WILSON, MILLER, BARTON & PEEK, INC. Wilson Professional Center 3200 Bailey Lane Suite 200 Naples, FL 33942 AMENDED FOR: RONALD BENDERSON 1995 TRUST and , WR-I ASSOClA TES 570 Delaware Avenue Buffalo. NY 14202 AMENDED BY: AGNOLI. BARBER & BRUNDAGE. INC. 7400 Tamiami Trail North. Suite 200 Naples. FL 34108 ROETZEL & ANDRESS. LP A 850 Park Shore Dr. Trianon Centre. 3rd Floor Naples. FL 34]03 DATE FILED January S. 1994 DATE REVIEWED BY CCPC 10-6-94 DATE APPROVED BY BCC ] 0-18-94 ORDIANCE NUMBER 94-56 AMENDED 2005 EXHIBIT A Agenda Item No, 8e October 11, 2005 Page 19 of 68 TABLE OF CONTENTS PAGE LIST OF EXHIBITS 11 STATEMENT OF COMPLJANCE AND SHORT TITLE iii SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP & GENERAL DESCRIPTION 1-1 SECTION 11 PROJECT DEVELOPMENT 2-1 SECTION III ZONE A - COMMERCIAL RETAIL 3-1 SECTION IV ZONE B ,'\CCOMMOD.'\TION8 RESERVED 4-1 SECTION V ZONE C - INDUSTRIAL 5-1 SECTION VI RESERVE 6-1 SECTION vn GENERAL DEVELOPMENT COMMlTMENTS 7-1 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D me, File EXHIBIT E EXHIBIT F Agenda Item No, 8e October 11, 2005 Page 20 of 68 LIST OF EXHIBITS PUD MASTER PLAN (WMB&P.lBe, N0. RZ 216A) AERlJ\L PHOTOGR.J\.DHS. LOCATION MAP (WMB&.P, Inc. File No, RZ 216B) FLUCCS AND SOILS MAP (WMB&P. Ine. File No. ENV 124) CONCEPTUAL WATER :M.AN}~GEMENT PL'\N (WM.B&p. No. RZ 2I6D) COMMUNITY SERVICES MM TOPOGRAPHIC SURVEY (WMB&P.IBe, File No. 5C 188) 11 Agenda Item No. Be October 11, 2005 Page 21 of 68 ST A TEMENT OF COMPLIANCE The purpose of this section is to express the intent of l\ndrc'N J. Sa]u8Jl, Trustoc Ronald Benderson ] 995 Trust and WR-I Associates, hereinafter referred to as the Developer, to create a Planned Unit Development (PUD) on 97,0 :!: acres of land located in Section 3, Township 50 South, Range 26 East, Collier County, Florida, The name of this Planned Unit Development shall be WESTPORT COMMERCE CENTER (WESTPORT), The development of WESTPORT will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan, The development will be consistent with the growth policies and land development regulations adopted of the Growth Management Plan FLUE and other applicable regulation for the foJJowing reasons: 1, The subject property is within the Urban-Commercial District! Activity Center Sub district and the Urban-Industrial District as identified on the Future Land Use Map as required in October]: of the Future Land Use Element (FLUE) of the Collier County Growth Management Plan, 2. The subject property includes an Interchange Activity Center in which the land is zoned and designated Industrial. This site is a preferred -location for the concentration of commercial and industrial land uses in a mixed-use development pursuant to the FLUE, 3, The FLUE allows for expansion of industrial uses adjacent to areas currently designated industrial, provided certain conditions are met regarding access, traffic circulation, and infrastructure provisions, which this project meets or exceeds. 4, WESTPORT is compatible with and complimentary to existing and future surrounding land uses as required in Policy 5.4 and under the Urban Industrial District of the FLUE. 5. lmprovements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE, except as specifically set forth herein. 6. The development of WESTPORT will result in an efficient and economical extension of community facilities and services as required in Policies 3, l.h. and], of the FLUE. 7. WESTPORT is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective ] ,5 of the Drainage Sub-Element of the Public Facilities Element. 8, The project will be served by a complete range of services and utilities as approved by the County. SHORT TlTLE This ordinance shall be known nnd cited as the "WESTPORT COMMERCE CENTER PUD DEVELOPMENT ORDINANCE" 111 Agenda Item No. 8e October 11, 2005 Page 22 of 68 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of WESTPORT, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION Westport, being approximately 97.0 acres, is legally described as follows: PARCEL A A portion of Tract 1, Gator Gate, as recorded in Plat Book 7, page 2 of the Public Records of Collier County, Florida; and a portion of Tract 2, Gator Gate Unit 2, as recorded in Plat Book 7, page 54 of the Public Records of said County; and a portion of th~ Northeast Quarter of Section 3, Township 50 South, Range 26 East, Collier County Florida, all being more particularly described as follows: Commence at the East Quarter corner of said Section 3; thence 5.89" 20'OS'W., 100.04 feet along the South boundary of said Northeast Quarter to the West right-of-way line of County Road No. C-951, according to State Road Department Right-of-Way Map Section 03510-2602, and the POINT OF BEGINNING; thence continue S, 890 20'05"W., 1201.06 feet to the Southwest corner of the East Half of the Northeast Quarter of said Section 3; thence N.OOo 29'2]" E., 2456,56 feet along the West boundary of said East Half of the Northeast Quarter; thence N. 890 42'03" W., 400,00 feet, parallel with the North boundary of the Northeast Quarter of said Section 3; thence N.OOo 29'21" E" 300.00 feet to the South right-of- . way line of State Road No. 84 (Davis Boulevard) per State Road Department Right-of-Way Map Section 03506-2601; thence S.89Q 42'03" E" 600.00 feet along said right-of-way line; thence S. 000 29'21" W., 900.00 feet, parallel with the West boundary of the East Half of the Northeast Quarter of said Section 3; thence S. 890 42'03" E., 10] 2.86 feet, parallel with the North boundary of the Northeast Quarter of said Section 3, to the West right-of-way line of said County Road No. C~951; thence S. 00051'53" W" 1836.42 feet along said right-of-way line to the POINT OF BEGINNING, Containing 58.04 acres, more or Jess. PARCEL B A portion of Tract 1, Gator Gate, as recorded in Plat Book 7, page 2 of the Public Records of Collier County, Florida; and a portion of the East half of the West Half of the Northeast Qual1er of Section 3, Township 50 South, Range 26 East, Collier County, Florida, al1 being more partic.t)}arly described as follows: ]-1 Agenda Item No. 8e October 11, 2005 Page 23 of 68 Commence at the East Quarter comer of said Section 3; thence 8.890 20'05" W., 1301.1 0 feet along the South boundary of said Northeast Quarter to the Southeast comer of the West Half of the Northeast Quarter of said Section 3 and the POINT OF BEGINNfNG; thence N, 000 29'21" E" 2456.56 feet along the East boundary of said West Half of the Northeast Quarter; thence N, 890 42'03" W., 400.00 feet, parallel with the North boundary of the Northeast Quarter of said Section 3; thence N. 000 29'2]" E" 300,00 feet to the South right-of- way line of State Road No, 84 (David Boulevard) per State Road Department Right-of-Way Map Section 03506-2601; thence N. 890 42'03" W.,] 36.44 feet along said right-of-way line to the beginning of a curve concave to the South having a radius of 3224.04 feet; thence WESTERLY, 122.97 feet along said right-of-way line and curve through a central angle of 20 ] 1 '07" (chord bears S, 890 12'24" W" 122,96 feet) to the West boundary of the East Half of the West Halfof the Northeast Quarter of said Section 3; thence S. 000 ] 8'13" W., 2765.]5 feet along said West boundary to the South boundary of the Northeast Quarter of said Section 3; thence N, 890 20'05" E., 650,55 feet along said South boundary to the POINT OF BEGINNING, Containing 38.77 acres, more or less. 1.3 PROPERTY OWNERSHIP The subject property is currently under the Jegal ownership of Afldrew .T. Saluan, Trustee, W11050 address is 3800 ;\irport Rood North, "!'laples, Florida ..912 Wal-Mart Stores East. LP; 130] SE 10lh Street; Bentonville. AR 737] 6 and Ronald Benderson 1995 Trust and WR-I Associates; 570 Delaware A venue: Buffalo. NY ] 4202 J.4 GENERAL DESCRIPTJON OF PROPERTY A. The project site is located in Section 3, Township 50 South, Range 26 East, and is generally bordered on the north by S.R. 84 and property zoned Industrial; on the east by C.R. 95]; on the south by property zoned agricultural; and on the west by property zoned C-3 Commercial, RMF-12, Mu]ti-Family Residential, and Agriculture. The location of the site is shown 011 Attaclmlent 2 to the Application for Public Hearing. B. The zoning classification of the subject property prior to the date of PUD approval is I (lndustrial), C-3 (Commercial Intermediate), RMF-12 (Residential Multi-Family) and A (Agricultural), C. Elevations within the site range from 9.6' to 1] ,2' above mean sea level with an average of approximately 10,5 feet. Per FEMA Firm Map Panel No. ] 20067- 04J 5D, dated June 3, 1986, the WESTPORT property is located within zone "X", Topographic mapping is shown on the Topographic Survey, Exhibit F. D. The soil types on the site generally include Pineda fine sand Limestone Substratum and Boca fine sand. Soil Conservation Service mapping of soil types is shown on the FLUCeS and Soils Map, Exhibit C. ]-2 Agenda Item No, 8e October 11, 2005 Page 24 of 68 E. Vegetation on site primarily consists of pine flatwoods, willow, cypress wetlands and melaleuca dominated areas, Detailed vegetation mapping is shown on the FLUCCS and Soils Map, Exhibit C. F. The project site is located within the Lely Canal Basin as depicted within the Collier County Drainage Atlas (May 1990), The general surface drainage pattern flows in a northeast to southwest direction which eventually discharges into the Lely Canal. The Conceptual Surface Water Management Plan is shown on Exhibit D, ] -3 Agenda Item No, 8C October 11, 2005 Page 25 of 68 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for WESTPORT, and to identify relationships to applicable County ordinances, policies, and procedures. 2,2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES WESTPORT will include a mix of commercial, industrial, hotel l:lses, stormwater management lakes, open spaces, and reserve areas. WESTPORT intends to establish project-wide guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences, wal~ buffers, berms and other similar features. The Master Plan is illustrated graphically on Exhibit "A", PUD Master PIan (\IlMB&P, Ine" File No. RZ 216). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with }\rtiele 3, DivisioB 3.2, Section 3.2.7, Section 4.03.03 of the Collier County land Development Code, 2,3 GENERAL COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of WESTPORT shall be in accordance with the contents of this PUD Ordinance, applicable sections ofthe Collier County Land Development Code (to the extent they are not inconsistent with this PUD Ordinance) and Collier County Growth Management Plan which are in effect a the time of issuance of fmal development order. B. Unless otherwise defmed herein, or as necessarily implied by context, 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 issuance of the first development order which would involve said defmitions as set forth in paragraph 2.3.A, C. Development permitted by the approval of this petition will be subject to a concurrency review under the Adequate Public Facilities Ordinance, Miele 3, Division 3.15 Section 10,02,07 of the Collier County Land Development Code. 2-1 Agenda Item No, Be October 11, 2005 Page 26 of 68 D, Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable land development codes remain in effect with respect to the development of the land which eomprises this pun. E, All conditions imposed herein or as represented on the WESTPORT PUp Master Plan (Master Plan) are part of the regulations which govern the manner in which the land may be developed. F. The Subdivisions Division of the Collier County Land Development Code (f.rtiole 3, Divisiol1 3,;2 Section 4,03.03) shall apply to WESTPORT, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section ~ 1.04.03. G, The Site Development Plans Division of the Collier County Land Development Code (l\rtielc 3, Division 3.3 Section 10.02.03) shall apply to WESTPORT, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section ~l 0.02.03. 2.4 LAND USES A, The location of land uses are shown on the PUD Master Plan, Exhibit A. Changes and variations in building traets, location and acreage of these uses shall be permitted at preliminary subdivision plat approval, preliminary site development plan approval and final site development plan approval to accommodate topography, vegetation, and other site conditions, subject to the provisions of i\rtic1e 2, Division 2.7, Section ~ 10.02.13 of the Collier County Land Development Code. The specific location and size of individual tracts and the assignment of square footage or units shall be determined at the time of site development plan approval. B. Roads and other infrastructure may be either public or private, depending on location, capacity, and design, The determination as to whether a road shall be public or private shall be made by the developer at the time of final subdivision plat approval. Developer shall create appropriate property owners associations(s) which will be responsible for maintaining the roads, streets, drainage, common areas, water and sewer improvements where such systems are not dedicated to the County, Standards for roads shall be in compliance with the applicable provisions of County Code regulating subdivisions, unless otherwise approved during subdivisioil approval. Developer reserves the right to request substitutions to Code design standards in accordance with Section ~ 10,02.04 of the Land Development Code, 2,5 PROJECT DENSITY The total acreage of the WESTPOR T is approximately 97 acres. The commercial retail uses occupy approximately ~ 39,3 acres with a maximum gross leasable floor area of 255,000 350.000 square feet. THe accommodations district ocC'.lpies appmxim.at~y e.G 2-2 Agenda Item No, 8e October 11 , 2005 Page 27 of 68 acres and will provide 150 Botel/motel reoms. The industrial uses occupy approximately ~ 8.0 acres with a maximum gross leasable floor areaof450,OOO 105.000 square feet. These described land uses are set forth on the PUD Master Plan, Exhibit A. 2.5 SITE CLEARING AND DRAINAGE Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County Land Development Code and the standards and commitments of this documents 2.7 EASEMENT FOR UTILITIES All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested, 2.8 LAKE SITING As depicted on the PUD Master Plan, lakes have been preliminarily sited. The goal of the Master Plan is 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. Fill material from lakes is planned to be utilized within the project; however, excess fill material may be utilized off-site. The volume of material to be removed shall be limited to ten percent of the calculated excavation volume to a maximum of 20,000 cubic yards. If the applicant wishes to take more off-site, a commercial excavation permit will be required. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria and Section 3.5.7 Article IV. Section 22-112 of the Collier County Code of Laws and Ordinances. A. Setbacks: Excavations shall be located so that the top-of-bank of the excavation shall adhere to the following minimum setback requirements, subject to approval of County staff at time offmal construction plan approval; 1. Twenty feet (20') from back of curb of internal roads. The roads will be designed to (AASHTO) road standards and shall incorporate such factors as road alignment, travel speed, bank slope, road cross sections, and need for barriers. 2. Fifty feet (50') from all PUD perimeter property lines. 2.9 OFF-STREET PARKING AND LOADING All off-street parking and loading facilities shall be designed in accordance with Division H Section 4,05.01 of the Collier County Land Development Code, 2-3 2.10 BUFFERS Agenda Item No. 8e October 11 , 2005 Page 28 of 68 Minimum standards for buffers shall be in accordance with DivisieR 2.4 Section 4.06.01 of the .Collier County Land Development Code in effect as the time final local development orders are requested, unless otherwise specified in this Section 2. I O. All buffer setbacks shall be measured from platted lot boundaries, The following identifies the buffer according to land use type: A, External - h Buffer along SR84 (Davis Boulevard) and CR95 I (Isle of Capri Road) is twenty feet (20'). ;h Buffer adjacent to agricultural zoning is ten feet (10'), 3-0 Buffer adjacent to RMF-12 zoning is fifteen feet (15 '). 4:- Buffer adjacent to industrial zoning is fifteen feet (1 S'), B. Internal Buffers on: 1, Hotel Parcel: a, 10' adjacent to eommereial parcels e. 15' adjac0l'It to indestolll parcels c, 10' adjaceat to ifltemal rigBt ef viay 6, ) 0' adjaoent to internal ZOHe B paroels L ;h Commercial Parcels: a, lO' adjaeeflt to hotel paree! b, 10' adjacent to industrial parcel c, 10' adjacent to internal right-of-way d. 10' adjacent to internal Zone A parcels 2.:. ;.,. Industrial Parcels: a. ) 5' adjacoot to hotel parcel b. 10' adjacent to commercial parcels c. 1 O'adjacent to internal right-of-way d. 10' adjacent to internal Zone C parcels C. The 15' wide landscape buffer adjacent to. the internal right-of-way along the western property line shall contain a 6' high opaque fence or wall in addition to the required vegetation indicated in Section ~ 4.06.02 of the Cdlier County Land Development Code. 2-4 Agenda Item No, 8e October 11, 2005 Page 29 of 68 2.11 SIGNS Minimum standards for signs shall be in accordance with DivisioB 2.5 Section 5,06.01 of the Collier County Land Development code in effect at the time final local development orders are requested, unless otherwise specified in the Section 2.11, The following signs are permitted, per issuance of a building permit and subject to the below: Pole or Ground Sie:ns - Single occupancy parcels, shopping centers, office complexes, accommos8tioRG oomplexes or industrial parks having frontage of one hundred fifty feet (150') or more on a public street, shall be permitted on (l) pole, or two (2) ground signs. In addition, multiple occupancy parcels such as shopping centers, office complexes, or industrial parks containing twenty five thousand (25,000) square feet of more of grow leasable floor area will be permitted one (1) directory sign with a maximum size of two hundred fifty (250) square feet for a single entrance on each public street. 1. Maximum a1lowable sign area - one hundred (100) square feet for each pole or ground signs, or a maximum combined area of one hundred twenty (120) square feet for two (2) ground signs, except for approved directory signs. 2, Setbacks - fifteen feet (15) from any property line, public or private right of way, or easement, with the exception of directory signs which may be located within the medians of private streets or easements, provided their location presents no visual obstructions, or traffic hazards to motorists or pedestrians, 3, Maximum aUowable height - twenty five feet (25). Height shall be measured from the lowest center line grade of the nearest public or private right of way or easement to the uppermost portion of the sign structure. 4. The maximum size limitation shall apply to each sigh structure. Pole or ground signs may be place back to back, side by side, or in V -type construction with not more than on (1) display on each facing, and such sign structure shal1 be considered as on (1) SIgn. 5. Spot or floodlights shan be perrnitted only where such spot or floodlight is nonrevolving !lod said light shines only on the owner's premises or signs and away from any right of way. 2.]2 USE OF RlGHTS-OF-WAY Utilization of lands within all project right-of-way for landscaping decorative entrance ways and signage may be allowed subject to review and administrative approval by the Developer, and the Collier County Development Services Director for engineering and safety considerations, during the development review process and prior to any installations, 2-5 Agenda Item No, Be October 11, 2005 Page 30 of 68 2,13 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Article 2, Diyisiefl 2.7, Section 2,7.3.5.1 Section] 0.02.13 of the Col1ier County Land Development Code. ' 2.14 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL This PUD is subject to the sunsetting provision as provided for within ;\rtiele 2, Divisien 2.7, Section 2.7.3,1 Section 10.02.13 of the Collier County Land Development Code, 2.15 PUD MONJTORING An annual monitoring report shall be submitted pursuant to Artiole 2, Di'..isiofl 2,7, Section 2,7.3.6 Section 10.02.13 of the Collier County Land Development Code. If hazardous products or wastes are generated, used or stored on the site, a containment plan for hazardous material handling and emergency response shall be required. An annual monitoring report shall be required on the types, quantities and disposition of the hazardous material. 2,16 SITE DEVELOPMENT PLAN APPROVAL The provisions of f,rtic1e 3, Division 3.3, Diyision 3.3 Section 10,02,03 of the Collier County Land Development Code shall apply to the development of platted tracts or parcels of land prior to the issuance of a building permit or other development order. 2.17 IMPACT FEES Development within the Project shall be subject to all lawfully adopted impact fees. Impact fee credits shall be granted to the Developer in accordance with Section 3,06 of the R-ea4 Impact Fee Ordinance ~ 01-] 3. as amended. 2.18 DEDlCATION AND MAJNTENANCE. OF FAC1LIT1ES The developer shall create appropriate property owner association(s) which will be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. 2,19 OPEN SPACE REQUIREMENTS Pursuant to .'\rlicle 2, Division 2.6, Section 2.6,32 Section 4,02,01 of the Collier County Land Development Code, at least thirty percent (30%) of the project shall be devoted to 2-6 Agenda Item No, 8e October 11, 2005 Page 31 of 68 usable open space. The lotal project is 97.0 acres requiring a minimum 29.1 acres to be retained as open space. The open space calculation indicated on the PUD Master Plan identifies 29,] acres included in the Reserve, lakes and miscellaneous buffers and open space areas, which meets the requirement. 2,20 NATIVE VEGET A TIO::--J RETENTION REQUIREMENTS Pursuant to ,^.rtieI0 3, Division 3.9, Section 3,9.5,5,3 Section 3.05.07 of the Collier County Land Development Code, 25% of the viable naturally functioning native vegetation on site shall be retained. Approximate]y 12.0 acres of the wetland reserve and 32.0 acres of the pin upland are impacted greater than fifty percent with me]aleuca. Fifty percent of the combined 44.0 acres deducted from the total project area of 97.0 acres leaves 75.0 acres of viable natural functioning native vegetation within the PUD boundary. Therefore 18,8 acres (25% of the 75.0 acres) are required to be retained and are fully satisfied within the Reserve and miscellaneous buffers and open space indicated on the PUD Master Plan and not further preservation shall be required. 2-7 Agenda Item No. Be October 11 , 2005 Page 32 of 68 SECTION III ZONE A - COMMERCIAL DlSTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within WESTPORT designated as Zone A on Exhibit "A", PUD Master Plan, 3.2 GENERAL DESCRIPTION Areas designated as Zone A (approximately ~ 39.3 acres) on the PUD Master Plan are intended to provide a maximum 0[255,000 350,000 gross leasable square feet of various retail, service, and offi ce commercial uses to serve residents in the surrounding areas as well as provide highway oriented facilities. The ~ 30.9 :t acre and 4.0 + acre commercial parcel~ localed adjacent to C,R, 951 ts m within an Interchange Activity Center designation in the Growth Management Plan (GMP). The permitted uses and structures for H=lts these parcel~ are as indicated in the following Section 3,3, The H 4,4 :t acre commercial parcel located adjacent to S.R. 84 is also within the Interchange Activity Center. The pennitted uses and structures for this parcel are as indicated in Section 3.4. 3.3 PERMITIED USES AND STRUCTURES - ~ 30.9 ::!:. ACRES AND 4.0 + ACRES ON C.R. 951 Nor building or structure or part thereof, shal1 be erected, altered or used, orland uses, in whole or part, for other than the following: A. Permitted Principal Uses and Structures 1, Amusement and Recreation Services (Groups 7911 - 7941, 7991, 7993). 2, Apparel and Accessory Stores (Groups 5611 - 5699). 3, Automotive Dealers and Gasoline Service Stations (Groups 5511 - 5599). 4. Automotive Repair, Services, and Parking (Groups 7514, 7515, 7542). 5. Building Materials, Hardware and Garden Supplies (Groups 5211 - 5261), 6. Business Services (Groups 7311,7313,73]9,7322-7323,7331-7338, 7361,7363,7371-7389), 7. Depository lnstitutions (Groups 6011-6099). 8, Eating and Drinking Places (Groups 58 J 2-5813), 3-1 Agenda Item No, 8e October 11 , 2005 Page 33 of 68 9, Engineering, Accounting, Research, Management, and Related Services (Groups 871] -8713, 8721, 8741-8743, 8749-8). J O. Food Stores (Groups 5411-5499), 11. General Merchandise Stores (Groups 5311-5399), 12. Health Services (Groups 8011-8049, 8082,8093,8099). 13. Holding and Other Investment Offices (Groups 6712-6799). 14. Horne Furniture, Furnishings, and Equipment Stores (Groups 5712-5736). J 5, Insurance Agents, Brokers, and Services (Group 6411). 16, Insurance Carriers (Groups 6311-6399). 17. Legal Services (Group 81 ] ]), 18. Membership Organizations (Groups 8611-6561,8699). 19. Miscellaneous Repair Services (Group 7631). 20, Miscellaneous Retail (Groups 5912-5962, 5992-5999). 21. Motlon Pictures (Groups 7833, 7841), 22. Nondepoitory Credit Institutions (Groups 61 ] ]-6163). 23, Personal Services (Groups 7211, 7212, 7215, 7219, 7221-7251, 729], 7299), 24. Real Estate (Groups 6512, 65] 9-6553). 25, Recreation (Groups 7911-7933, 7941, 7993, 7997), 26. Security and Commodity Brokers, Dealers, Exchanges and Services (Groups 62] ] -6289). 27. Social Services (Groups 8322-835],8399). 28. Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the DeveiopmeFlt Services Director Board of Zonina Appeals determines to be compatible in this district. B. Pemlitted Accessory Uses and Structures 3-2 Agenda Item No, 8e October 11 , 2005 Page 34 of 68 1, Uses and structures that are accessory and incidental to uses pennitted in this district. 3.4 PERMITTED USES AND STRUCTURES - M 4.4 ::tACRES ON S,R. 84 No buDding or structure or part thereof, shall be erected, altered or used, or land uses, in whole or part, for other than the following: A. Permitted Principal Uses and Structures 1. Accounting, Auditing and Bookkeeping Services (Group 8721). 2. Apparel and Accessory Stores (Groups 5611-5699). 3. Auto and Home Supply Stores (Group 5531). 4. Automobile Parking (Group 7521). 5. Business Services (Groups 7311, 7313, 7322-7338, 7361-7379, 7384, 7389, except auctioneering service, field warehousing, bottle labeling, packing and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting), 6. Child Day Care Services (Group 8351). 7. Drug Stores and Proprietary Stores (Group 5912). 8. Eating Places (Groups 5812 only), All establishments engaged in the retail sales of alcoholic beverages for on-premise consumption are subject to locational requirements of Soc. 2,6.10 Section 5,05.01. 9. Electrical Repair Shops (Group 7622 radio, television, stereo and video recorder repair only, 7629 except aircraft, business and office machines, large appliances such as refrigerators and washing machines). 10. Engineering, Archilectmal, and Surveying Services (Groups 8711-8713). J J. Food Stores (Groups 5411-5499) 12. Gasoline Service Stations (Group 554] subject to Section ~ 5,05.05. 13. Group Care Facjlities (Category] and ll); Care Units except for homeless shelters; and Nursing Homes, subject to Sec, 2,6.26 Section 5,05,04, 14. Hardware Stores (Group 5251). 3-3 Agenda Item No, 8e October 11, 2005 Page 35 of 68 ] 5, Health Services (Groups 80] 1-8049, 80B2). 16, Home Furniture, Furnishing, and Equipment Stores (Groups 5712-5,736). ] 7. Individual and Family Social Services (Group 8322 activity centers, elderly or handicapped; adult day care centers; and day care centers, adult and handicapped only). ] 8, Insurance Carriers, Agents and Brokers Groups 631] -6399,6411). 19. Legal Services (Group 8111). 20. Libraries (Group 8231). 2]. Management and Public Relations Services (Groups 8741-8743,8748), 22, Membership Organizations (Groups 8611-8699). 23, Miscellaneous Personal Services (Group 729]). 24. Miscellaneous Repair Services (Groups 7629-763]). 25. Miscellaneous Retail (Groups 5912-5963, except pawnshops and all uses dealing with secondhand merchandise, 5922-5999). 26. Museums and Art Galleries (Group 8412), 27. Non-depository Credit Institutions (Groups 6111-6163). 28, Paint, Glass and Wallpaper Stores (Group 5231). 29. Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry cleaning only, 7221-725], 729]), 30. Publi c Administration (Groups 9] ] ] -9199, 9229, 9311, 9411-9451, 951]- 9532,96] 1-9661). 31. Real Estate (Groups 6531-6541). 32. Retail Nurseries, Lawn and Garden Supply Stores (Group 5261). 33, Security and Commodity Brokers, Dealer, Exchanges and Services (Groups 62] ]-6289). 34, Unjled States Postal Service (Group 43] 1, except major distribution center). 3-4 Agenda Item No. 8e October 11 , 2005 Page 36 of 68 35. Veterinary Services (Groups 0742, 0752, excluding outside kenneling), 36. Video Tape Rental B, Permitted Accessory Uses and StrUctures 1. Uses and structures that are accessory and incidental to uses permitted in this district. 3,5 DEVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand (l0,000) square feet. B. Minimum Lot Width: One hundred feet (100'). C. Minimum Yard Requirements: ]. Front Yard: Twenty-five feet (25;). 2, All other yards: Fifteen feet (15 '), 3. No structure will encroach into the required upland buffer surrounding the Reserve, D, Maximum Height: Thirty-five feet (35'), except for non-functional architectural elements (such as bell towers), which shall have a maximum height of fifty feet (SO'). E. Minimum Floor Area of Principal Structure: Seven hundred (700) square feet gross floor area for each building on the ground floor, F, Distance between principal structures: none, or a minimum of five feet (5') with unobstructe4d passage from front to rear yard. G. Minimum standards for signs, parking, lighting, and landscaping shall be in accordance with Collier County Land Development Code in effect as the time final Jocal development orders are requested unless otherwise specified herein under Section 2.9, 2,10 and 2.11. 3-5 Agenda Item No. 8e October 11 , 2005 Page 37 of 68 SECTION IV ZONE B .^.CCOMMOD/'.TIONS DISTRICT 4,] Reserved. 1,1 PURPOSE The purpose of this Section is to ideAtify permitted uses and develEl]9ffieflt standaffis fer the area ,,,iinin WESTPORT designates as ZOJ'le B OR EXHibit u;'\", PUD Master PIeR. 4,~ GENER./\L DESCRIPTION The area designated os Zone B on the PUD Masler Plan is intended to pr.ovide laRSS for tourist accommodations and support facilities. The plan '.'(ilI aecommodate a maximum of 150 hotel rooms. The Zone B parcel is lecated adjacent to C.R. 951 aRe is '),'itl1iR aft Interchange :\clivity Center designated in the GMP, 1.3 PERMITTED USES SND STRUCTURES No buildiflg or struct1:lTe, or part thereof, sRall ee erected, aheree er tlsed, Elf laFlel or watei' used, in whole or in part, for other than the fenowing: A, Permitted PriflcipaJ Uses and Structures 1. Hotels and motels. B. Permitted Accessory Uses and Structures 1. Uses lind structtlres that are accessory and ifJeidental to Hses permittee ia this di slri ct. 2. Shops, personal service establishments, €latin; or drinking estaelishments, dancing aAc! staged entertainment facilities, and meeth'lg "€lams afla auditorium~ where such uses are to be used by,patrons of the l'letel/motel and are an integrated part of the hotel/motel, ""'flieR eemmaB arehiteetl:lral standards, even jf oontained ifl a free sttulding building, 3, Recreational facjlities that serve as an inte;;ral part to tRe l'efmitted uses \vhich may include, En.lt are not limited to, pool, tennis faeilities, parks, pluygrounds and playfields. 4.4 DEVELOPMEN"!' ST:\ND.^.RDS A Minimum Lot .".rea: Oae (]) aCTC. B. Minimum Lot Width: One Hundred fifty foct (150'), 4-1 Agenda Item No, 8e October 11, 2005 Page 38 of 68 C. MiHimum Yard Requirements: 1. FroHt Yard: Fifty fi','e j3ereeflt (55%) of1luilding height with a miHiml:lH'l ef twenty :fuet (20), 2. .".1] ollier yards: TweRty feet (20'). 3. No structures will ef10reaOO iAto the re~llired uplaHd ~ffer sarre\:1sding the Reserve. D. Maximum Height: Sixty [-eat (EiO') or six staRes, whichever is greater. E. MaxiR'l1:3ffi Density Permitted: /'. ma,dmuffi af 150 rooms fer hatel& and motels. F. Distance betweeR prineipal stl1:lsrures; Fifteoo feet (15') ar ORe half (1/2) the sum. of the buildi!'!g heiGhts, whichever is greater. G. Floor Area Requirements: Minimtlffi standaras shall be in aeooraaAoe with /\rti{.11e 2, DivisioR 2.2, Section 2.2.&,4.7 of the Collier County LlH'lG Development Gee&.- H, Miflirnum standards for signs, parkiflg, ligfiting, ane landsoaj3ing sl1all be in aoooreaflee '.vitA Collier CO\lnty Land DevelepmeRt Coaes in effeet at the time final 10001 development orders are requested unless otl'lerwise speeified lierein under Seetions 2,9, 2.1 0 and 2.11. 4-2 Agenda Item No, 8e October 11 , 2005 Page 39 of 68 SECTION V ZONE C - LIGHT INDUSTRIAL DISTRICT 5.1 PURPOSE The purpose of this Section is to identify pennitted uses and development stapdards for areas within WESTPORT designated as Zone C on Exhibit "A", PUD Master Plan. 5,2 GENERAL DESCRIPTION A.reas designated as Zone C on the PUD Master Plan are intended to provide a maximum of 450, 000 105.000 square feet of gross floor area of light industrial uses on ~ 8.0 acres. The floor area ratio (FAR) for the designated industrial land uses is approximately .43, which is below the maximum allowed FAR of.45 required pursuant to the Activity Center sub-district requirements of the FLUE. The permitted uses and structures and development standards for the industrial land uses are similar to the standards required in and Industrial PUD, as set forth in Section 5.3. 5,3 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, The permitted principal uses and structures will generally consist of corporate offices and headquarters, light manufacturing, processing and packaging, laboratories and clinics, and research, design and product development. ], Agricultural Services (Group 0782, 0783). 2. Apparel and Other finished Products (Groups 2311-2399). 3, Automobile Rental, Leasing, and Parking (Groups 7513-7521), 4, Building Construction (Groups ]521-1542). 5. Business Services (Groups 7312, 73] 3, 73] 9, 7334-7336, 7342-7389, including auction rooms (5999), subject to parking and landscaping for retail use), 6, Communications (Groups 4812-4899) subject to ,"-rtide 2, Division 2,6, Section 2.6,35.6.5, Section 5,05.09 ofthe Collier County Land Development Code, not to include free standing towers, 7, Construction-Special Trade Contractors (Groups 1711-1799). 8, Eating Places (5812), 5-1 Agenda Item No. 8e October 11, 2005 Page 40 of 68 9. Educational Services (8243-8249), 10. Electronic and Other Electrical Equipment (Groups 3612-3699), 11. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748). 12. Fabricated Metal Products (Groups 3411-3479,3491-3499). ] 3. Food and Kindred Products (Groups 201] -2099, except slaughtering plants). 14. Furniture and Fixtures (Groups 2511-2599). ] 5. Health Services (80] 1 accessory to industrial activities conducted on-site only). 16. Industrial and Commercial Machinery and Computer Equipment (3511- 3599). 17. Justice, Public Order, and Safety (Groups 9221,9224,9229). 18. Local and Suburban Transit (Groups 4111-4173). ]9. Lumber and Wood Products (Groups 2426,2431-2499). 20, Measuring, Analyzing, and Controlling Instruments; Photographic, Medical and Optical Goods; Watches and Clocks (Groups 3812-,873). 21. Membership Organizations (Group 861 J). 22. Miscellaneous Manufacturing Industries (Groups 391] 4-3995,3999). 23. Motion Picture Production and Distribution (Groups 78] 2-7829). 24, Motor Freight Transportation and Warehousing (Groups 4212, 4213, 42] 5-4226 except oil and gas storage, and petroleum and chemical bulk stations). 25. Personal Services (Groups 7211-72]9), 26, Printing, Publishing and AlIjed lndustries (Groups 2711-2796), 27, Recreation (Group 7991). 28. Social Services (Groups 8331, 8351), 5-2 Agenda Item No. 8e October 11, 2005 Page 41 of 68 29, Transportation Equipment (Groups 3714, 3716, 3731, 3732, 3751, 3761, 3764,3769,3792,3799). 30. Transportation Services (Groups 4731, 4783), 3] . United States Postal Service (43] 1). 32. Miscellaneous Repairs (7622-7699). 33, Wholesale Trade-Durable Goods (Groups 5012-5014, 5021-5049,5063- 5092, 5094-5099). 34, Wholesa]e Trade-Nondurable Goods (Groups 511 ]-5159,5]81,5182, 5] 9] except that wholesale distribution of chemicals, fertilizers, insecticides, and pesticides shall be a minimum of 500 feet from a residential zoning district, 5 J 92-5 J 99). 35, Any other light industrial use of service which is comparable in nature with the foregoing uses and which the Deve1epment 8ervieo DireetoT Board of Zoning Appeals determines to be compatible in this district. B, Permitted Accessory Uses and Structures ] , Uses and structures that are accessory and incidental to uses pennitted in this district. 2. Retail sales and/or display areas as accessory to the principal use, not to exceed an area greater than twenty percent (20%) of the gross floor area of the permitted principal uses. 5.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: One (1) acre. B. Minimum Lot Width: One hundred twenty-five (25'). C. Minimum Yard Requirements: 1. Front Yard: Twenty-five feet (25), 2. All Other Yards: Twenty feet (20'), 3. No structure will encroach into the required upland buffer surrounding the Reserve. 4, Minimum Building Setback from Pelimeter Boundary ofPUD: A. Fifty feet (50') for buildings up to thirty-five feet (35') in height. 5-3 Agenda Item No, 8e October 11, 2005 Page 42 of 68 B. Three feet (3') for everyone foot of building height over thirty- five (35') adjoining residential districts. D. Maximum Height: Fifty feet (50'). E. Minimum standards for signs, parking, lighting and landscaping shall be in accordance with Collier County Land Development Code in effect at the time final local development orders are requested, unless otherwise specified herein under Sections 2.9, 2,} 0 and 2.11, . F, No outside storage or display shall be permitted, all manufacturing, etc., shall be conducted in a fully enclosed building. G, Fencing along propel1y lines of platted lots andPUD boundaries shall be designed to be decorative and shall be constructed of materials such as but not limited to wood, concrete, masonry, vinyl, etc. 5-4 Agenda Item No, 8e October 11, 2005 Page 43 of 68 SECTION VI RESERVE 6,1 PURPOSE The purpose of this Section is to set forth regulations for areas within WESTPORT designated as Reserve on Exhibit "A", PUD Master Plan, 6.2 GENERAL DESRIPTION Areas designated as Reserve on the PUD Master Plan are designed to accommodate conservation and limited water management uses and functions, The primary purpose of the Reserve is to retain approved Collier County wetland systems. The boundary of the Reserve was established using the Collier County wetland jurisdiction delineation as depicted on Exhibit B, Aerial Photograph. 6,3 PERMITTED USES AND STRUCTURES No building or structure, 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 . Open space/nature preserves. 2. Passive recreational areas and boardwalks. 3. Biking, hiking, nature trails, excluding asphalt paved surfaces, 4. Water management facilities and structures. 5. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the De':elopmel1t Services Director Board of Zoning Appeals determines to be compatible in the Reserve District. 6.4 RESERVE CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier County Land Development Code Section 3,2,8,1,7,~ Section 3.05.07 for preservation lands included in the Reserve. In addition to ColJier County, a conservation easement may also be required by other regulatory agencies witb jurisdiction over Reserve lands, In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the 1enns set forth in the applicable permit granted by said agencies, 6-1 Agenda Item No. 8e October 11, 2005 Page 44 of 68 SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7.1 ENVIRONMENTAL A. An exotic vegetation removal, monitoring, and maintenance plan for the site, with emphasis on the Conservation/Preservation areas, shall be submitted to Project Plan Review Environmental Staffforreview and approval priorto final site plan/construction plan approval. 7.2 UTILITES A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designated, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be c,onstructed will be customers of the County and will be billed by the County in accordance with the County's established rates, C. The utilities for the project's water distribution and wastewater coHection 'Systems shaH be designed and constructed to connect the project to the District's facilities in accordance with County criteria and the County's Master Plan. D. In order to assure utilities serve to this project, the existing off-site water distribution and sewage transmission facilities of the Distrjct must be evaluated for hydraulic capacity and improved as required, consistent with the County's Master Plan. 7.3 WATER MANAGEMENT A. A copy of South Florida Water Management District Pennit or Early Work Pennit with staff report is required plior to final site development plan approval. B. Detailed water management plans and calculations, signed and sealed by a Florida Professional Engineer shall be provided. C. An Excavation Pem1it will be required for the proposed lakes in accordance with Di\'ision 3.5 of Collier Ceunty Ordinance No. 92 73 Article IV. Section 22-106 of the Code of Laws and Ordinances of Collier County. Florida and South Florida Water Management District rules. 7-1 Agenda Item No, 8e October 11 , 2005 Page 45 of 68 D, Prior to site development plan approval, a Big Cypress Basin (SFWMD) right-of- way pennit allowing the crossing of drainage basin boundaries and allowing discharge into Henderson Creek shall be submitted, E, Authorization from South Florida Water Management District to direct stonnwater runoff into the property to the south shall be provided prior to construction plan approval. F. A cross-section of perimeter bem1 shall be provided prior to preliminary subdivision plat approval. G, Prior to construction plan approval, it shall be demonstrated that Henderson Creek has the capacity to handle the discharge from WestpoI1 Commerce Center. 7.4 TRANSPORTAT10N A. The developer will pay an appropriate fee required by the County's ~ Impact Fee Ordinance ~ 01-] 3, as amended, as building pemlits are issued for the proposed project. B. The developer wi]] make a fair share contribution toward the capital cost of a traffic signal(s) when deemed warranted by the County. The signal(s) wilJ be owned, operated and maintained by Collier County, C. The developer will provide appropriate turn lanes and street lighting at all project entrances. D. The location of accesses will be consistent with the Collier County Access Management Policy (Resolution 92 112 OJ -247). 7-2 ~ ~ ~ Cit i ~ - ~}- ~ . CI. "... · ~l.l ; I ~I . ("I i - ,'" .! .1 = 11ft It t- D H .. I t~ . " t: I . ~- I , . _ I : J i ! i . l! II'Jm;\ .. tl i .i,..,:: Ii fl" ...~~u.:J .3....UlWaO ~...O~~...M <f .. :, - "i M . c( ~ 0 D'iC C (il'! o Coli NI II E D o . c" ! ~;rM ----, 1 1"31 · I~! I i I!I i I I~ I I ill. f i :z= It" M · J .. ~h, iw l t I I : i ~I ~l ' : I r, 11 i lIiHi i . i . . 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'11\'" 'f~ ":iao .... .~:;~ U ~ ~ Wlii., :~ ~ ~~ ~"7 N r.::'" ,~ " . ::l ~ 1\'j!J) ""'" H IA a'!:'l ~ . all . 1m !!!Ill! .- ~ ~ ~ U~ ~~., ~ i ~~~. o g: ~" N~ ~~ ,~i'f*~~ ~~~ Co) <11" ''''~ f?l ,.~":lrlf ,"Ii'" ~~ .'.'.II"~ ~~ 1M "'.. a:~ .. ..:0 =0 0'- -:z: l>:_ ~ !;1 !;1 ~ .., <> .., ~ .0 ~ II II " ...J :;c <~ W:;;j z- 015 N" .. o u ~~.. ....1" ''''4- ~~ ~# ~ #~ ~., "#; #~ ~, <# ~. ~Pt: ~ il:&l (l~ I m :rw: I ."'" .~ :;! iii?::::! ~ ~a ~ ~ lIliI c>: ~ '~ < t: =~I ..., , ::> tJ.1 ~~ ."'1 Z::l... .", O~... .,,~ NE2 . .... . o . ~~. s: ~'. I 8 :, . . . .. ll3.Una 'I!!ii a id.U . t:.I.!~'t.i ..,. 'OJ ...;j": [.I.l, ~, ' ?l -< ..;- ...:I'; ~ t:r::c..i W.., CI.l-: ~"' Po< - - 1<: i ~; I '-' :z: ..,- :z: <> N S~"'l:; ool !::: , <0\ ~-.:~ ;s~~ ~it:o ~iil~ ..l:l~ I ~e;~ ! Lu _ _ __ __ __ _ _ _ __ _ __(.!.~'~N_ ~L '!.,".!: ~ '!2L!.<<2..g_~ ~~~_ _ __ __ _ ___ _____ ~ < ;! ~ ~ ~ a' ~~ <:::5;- ~.... . c:;-16 :1:";8 :J ~ "'. (/)W~ w~=- CI):$ :Jl;1 QW z~ 58 ~ ~ ~ W ~ ~ 5 If l"~ -l ~ii~; ~~ I ~Hh~ ~f.1 I ~~ue" - tl ~In;~ @:3 ~~nM~ p., ~ffi ! illllll U ~ Il?~h ~ i ~ni!n ~ ~ h!i!U ~ f? h~hH !;1 ~ ~ ... ... <> rD c::i ,..; '" ~ '" . II n iJ.:l ~ W 00 ~ ~ zl r------ ~ ----------1--- z--------l < I . ~ a Agenda Item No. 8e October 11 , 2005 Page 48 of 68 APPLICATION FOR PUBLIC HEARING FOR: []PUD REZONE (PUDZ) t:8JpUD TO PUD REZONE (PUDZ-A) Petition No.: Planner Assigned: Date Received: Commission District: ABOVE TO BE COMPLETED BY STAFF 1 . General Information: Name of Applicant(s) Benderson Development Company Applicant's Mailing Address 8441 Cooper Creek Blvd. City University Park State FL . Zip 34201 Applicant's Telephone # 941-359-8303 Fax # 941-359-1836 Applicant's E-Mail Address: davegustafson@benderson.com Name of Agent Fred Reisch!. AICP Firm Agnoli. Barber & Brundage. Inc, Agent's Mailing Address 7400 Tamiami Train North. Suite 200 City Naples State FL Zip 34108 Agent's Telephone # 597-3111 Fax # 566-2203 Agent's E-Mail Address:reisch1@abbinc.com COLLIER COUNTY COMMUNITY DEVELOPMENT DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW 2800 N. HORSESHOE DRIVE-NAPLES, FL 34104 PHONE (941) 403-2400fFAX (941) 643-6968 Aoolitation For Public He.riD\! For pun Ruone 8/29103 . I - ! APPLICATION FOR PUBLIC HEARING FOR: Agenda Item No. Be October 11, 2005 Page 49 of 68 [JPUD REZONE (PUDZ) ~UD TOPUD REZONE (PUDZ-A) page 2 Name of Agent II R. Bruce Anderson. Esquire ' . Finn Roetzel & Andress Agent's Mailing Address 850 Park Shore Drive. Suite 300 . City Naples Zip 34103 FL State Agent's Telephone # 239-649-2708 Fax # 239-261-3659 ADDlicatioD For Public Hearill2 For PUD Rezone 8/29103' . Agenda Item No, .Be October 11, 2005 Page 50 of 68 *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 'additionalsheets 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: Mailing Address City State _Zip. Name of Civic Association: Mailing Address City State _ Zip 2 . Disclosure of Interest Information: , . , . , a. If the property is owned fee simple QY anINDlVIDUAL,tenancybythe 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 ifnecessary). N/A' . . ' ' Name and Address Percentage of Ownership -: Aoulleltion For Public Hearl_ For PUD RezoDe 8fl9103 I .. Agenda Item No, 8e, October 11, 2005 Page 51 of 68 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 ' Percentage of Stock: c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest Name and Address Randall Benderson & David Baldauf Trustees under Trust AgreementS Dated - December 29. 1995 Known as the Ronald Benderson 1995. Trust 8441 Cooper Creek Blvd. University Park. Florida 34201 . d. If the property is in the name of a GENERAL or LIMITED PAR1NERSIDP, list the name of the general and/or limited partners; Percentage of Interest 85% Name and Address WR-I Associates. L TD 8441 Cooper Creek Blvd. University Park. Florida 34201 Percentage of Ownership .15% 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. N/A Name and Address Percentage ofOwrlership Date of Contract: ADDlieation For Public: Hearlnli For POD Rezone 8129103' Agenda Item No, 8e October 11, 2005 Page 52 of 68 f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust. N/A Nm:ne and Address g. Date subject property acquired (11/2001) leased (): yrs.lmos. Please see attached deeds.. If, Petitioner has option to buy, indicate date of option: terminates: . or anticipated closing date Term of lease N/A 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. 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 district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum III 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: 3 Township: 50 Range: 26 Lot: Block: Subdivision: Plat Book_ Page #: Property I.D.#: Metes & Bounds Description: See Attached ft. = Total Sq. Ft. Acres 97 +/- 4, Size of oroperty: ft. X 5. Address/2enerallocation of subiect oropertv: Dual frontage on Collier Blvd and Davis Blvd. 6. PUD District (LDC 2.2.20.4): o Residential (8J Commercial o Community Facilities [g1 Industrial Apnlication For Public Hearinl! ForPUD Rezone 8/29103 Agenda Item No. 8e October 11 , 2005 Page 53 of 68 7. Adiacent zonin2 and land use: Zoning PUD Land use N Vacant S PUD Residential E N/A Collier Blvd. w PUD. A & RMF12(lO) Residential/Golf Course and Vacant 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 zoning district(s) to the zoning district(s). N/A: Application is for a PUD Amendment. Present Use of the Property: Wal-Mart and related roadways are under construction in acCordance with the approved SDP and plat. Proposed Use (or range of uses) of the property: Commercial and Industrial Original PUD Name: Westport COID.J:llerce Center Ordinance No.: 94.56 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 oftbe request. . AnnlicatioD For Public Heario2 For PUD Rezone 8129103 , . Agenda Item No. 8e October 11, 2005 Page 54 of 68 PUD Rezone Considerations' MC SectiOn' 2.7.3.2.5) , 1. ' The suitability of the ate~ for the type and pattern of development proposed in' relation to physical characteristics of the ianti, surrounding areas, traffic and access, drainage, sewer, water, and other utilities. . 2. Adequacy of evidence of unified control and suitability of any proposed agre~ments; contract, or other instnime7Jts~ or for amendments in those proposed, p'articularly as they may relate to arrangements or provisions to be made for the continuing operatiOn and maintenance of such areas andfacilities that are not to be provided or maintained at . public expenSe. Findings and recommendtItions of this type shall be made . only after consultation with the county tittomey; , 3.' Conformity of the proposedPUD with the goals, objectives and policies of the growth management plan. . ". . 4. The internal and external compatibilifyof proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and bufferi1'fg and screening requirements;' .' 5. " The adequacy of usable open space areas in existence and as proposed to serve the . development. 6. The timing or sequence of developmen(jor the purpose of assuring the' adequacy of available improvements andfacilities! 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 j~tifiedas meeting public purposes toa 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 assoc~tionin the area for which this use is 'being, requested in order to ascertain whether or not the request is affected byexistiJig deed res1rictions. . .' ' 10; Previous land use ,DetioOn! on the'suhiect Dronertv: 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 Applie.tioll For Public lIurin!! For PUD Rezone 8I.Z9103 Agenda Item No, 8e October 11, 2005 Page 55 of 68 n. 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 Distric4 if in Immokalee) of a 24" x 36" conceptual site plan [and one reduced 8~" x 11" copy of site plan], drawn to a maximum scale of I inch equals 400 feet, depicting the following [Additional copies of the plan may be requested upon completion of staff evaluation for distribution to the Board and various advisory boards such as the. Environmental Advisory Board (EAB), or CCPC]; . all existing and proposed structures and the dimensionS thereof, . provisions for existing and/or proposed ingress and egress (including pedestrian ingress and egress to the site and the structure(s) on site)" . . all existing and/or proposed p~king 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 arid/or existing landscaping and buffering as may be required by the County, c. . An architectural rendering of any proposed structures. d. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC) , 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 f~ shall be submitted. Said aerial shall identity plant and/or wildlife habitats and their bowidaries. Such identification shall be consistent with Florida Department of Transportation Lal;1d Use Cover aild Forms' Classification System. Additionally, a calculation of the acreage . (or square feet) of native vegetation on site, by ~ and a calculation'and location(s) of . the required portion of native vegetation to be preserved (perLDC Section 3.9.5.5.4.). ADDJication For PUblle HearilU!For PUD Rezone 8129103 . 'Agenda Item No. Be . October 11, 2005 . Page. 560f 68 f. StateD1ent 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 archeologicaI surveyor waiver application if property is located within an area of historical or archaeological probability' (as identified' at pre-application m~~); . ' . . .' 1. Any additional reqUirements as may be applicable to specific Conditional uSes arid identified during the pre-application meeting, including but, not limited to any required , state or federal permits. - -' , , . .'- - , j. An electronic version of the PUD on a disk as part oftbissubmittal package. . , k. Boundary Survey, no more than sixnionths old -LDCSecti.on2.7.3.1.2.(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 advertis.mg sign (s)after ~aI action is taken by the Board of County Commissioners. Based on .the Board's&alaction on this item, please remove all public hearing advertismg Slgn(s) immediately. ' Land Use Petition Confuiuanee Fees; Two days or less prior to meeting = $500 Requested at the meeting = $750: . Additional required advertising charged in addition' to' continuance fees ADDlication For Public Heartu For PuD Rezone 8129103 PUD REZONE APPLICATION SUBMITTAL CHECKLIST THIS COM:PLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET!' Agenda Item No, 8G October 11 , 2005 Page 57 of 68 REQUIREMENTS # OF: NOT COPIE REQUIRED ,REQUIRED S 1.' Completed ApplicationIPUD documents 24* X , 2. Copy of Deed(s) and list identifying Owner(s) and all Partners 2* X if a Corporation 3. Completed Owner/Agent Affidavit, Notarized 2* X 4. Pre-application notes/minutes 24* X Conceptual Site Plans - -- .. _.- - ---- -- -. - - -- -- _. __ -0 X n___._ -- ------ I 5. 24* 6. Environmental Impact Statement - (EIS) 4 X 7~ Aerial Photograph,:" (with habitat areas identified) . 5* X 8. Completed Utility Provisions Statemel1t (with required 4 X , attachments and sketches) 9. Traffic Impact Statement - (TIS) 7 X 10. Historical & Archaeological SUn'ey or Waiver Application 4 X 11. Copies of State and/or Federal P~rmits 4 X 12. Architectural Rendering of Proposed Structure(sl. 4 X 13~ DApplication Fee - "PUD Rezone" = $10,000 + $25 per acre X DComprehensivePlanning Consistency Review = $2,250, '. o Application Fee - "PUDto PUD Rezone" = $8000 Fire Code Review = $150 EIS Review = $1600 Check shall be made payable to: Collier Countv Board of Commissioners , 14. An electronic copy of all plans and documents on' a disk as 1 X - Dart of the submittal packet. - IS. Affordable Housing Density Bonus Agreement including all 4 X , Appendices. and -Exhibits. 16. Boundary SUn'ey (no more than 6 months old) 5 X 17. OTHER REQUIREMENTS:' * Documents required for Long.;.Range Planning Review *1 additional copy if for affordable housing As the authoriZed agent/applicant for this petition. I attest that all. of the information indicated on this checklist is included in this Submittal package. I understand that failme to include all necessary submittal information may result in the delay of- processing this petition. Agent! Applicant Signature pate Auulicatiou- For Public Heariul!For PUD Rezone 8/29103 52/14/2884. 21:39 . 6595724 "F*D ~a 04 081218 S~~pli~" S..os.~o . ADDFilESSIt<<i. 239-264-2B~9 Agen~e~-No, 8e Octob~ 11. 2005 l!~ge 58 of 6.8 .- ADDRf:SSINCi an;cKL1ST. . . . Plca!'C.compldd lhc r~IJnViing :&Dd~'CUbmillD the AcId.rdl"lin; Sc:dion Rw ~oyi,:w. No( ~I.l.Ij~,,_~J.1.an ~ In r::vcrV 1JI'O~ lterM, in .....tn>>earc rccrui~ ' . '. ",..", . \i: ... . .' . . . t, "~ dacriptiH,or~bp:t ~)' Orpr~ic:s (copyo/kfll(llty..fcrlptwn IIICIY_ allut;httl), , .i...;....". ..~ .Suau~~~y "'.4!...,. Ib ~ \.I.~:. ~ -, So - ~~ . ..' .. ',' ._...~~_..:.:....... I. ~ . I . ... .,__' , .' ,..... .... ....,",. -....... 2. ,,,Ie (l'ropeny ID) ...ber(.) of lbovc (IJIUlch 10,'fH" lIROf:;aI. 'Widt. .1 ducrlplkHr /f~n In 'UI t'IM) 00399600103 and 00399600205' ,. , '_ __,_ 3. S;:add~ or :acJ:d~~ (Ia' uppliCtthl". If ,,(;cUlly Ufl1tlt(fIt!J) , .,.. .. -- . .------ , . ,'. . .. . , . . . ~ .__._________..-..-..._ __., ."M ..... ..... ,---.______ ,~__.._... . ,..........-- . 4~ IAaldoIl map. :mowing CX8ct lOc:aIioa or pI'Ojc:eLI,,-;k: in rclationto 11CII1:ll1 public road right-of:.wa. · ~"""m) . 5. Copy of$W'VC)'(N'EED~ ONJ,y FOR ~..Amo PROPf:."R1~ ' 6. rro~'CI pro;:~l ft:IInC (ifllflttlil.'Uhk) . ' .' , ....".. . '_ll' 7. Pt~ ~ namcs(tf,;;"tit:t1ble) ...... - .1. ~itc o.weiOPfiicnt Plan N~i);(i:UR nXI~'nNO rROJRCTSISITF.S ONt,V} . SOP . '. 9~ Petitio Type " (Complete a sqWa~ AddR&&inr; ~ktist ror~ ~ 1)PC) :. . . ~. SDP (She Dc:vaIopmcat PIID). .' .. ~ PPL (PIaM &PJat ib'icw) . , - . SDPA (SDP A~) '. . ~p (Proliminu)' Subdivisioo Plat) , , SI)PI (Si)p In.ocUb:c\sntial (~8C) ..' tiP (l;illUl Phtl-)' '. . . ~ ',SIP{Sile Im.pro,verncnl Plan). . '~ lLA (Lot.Une'.A.dj~i~.t) SIP^ (SIP^rn~mcnl) Bt. (Blatmng Permil) . SNR. (~ Name: ChIragc)', . ROW (JUsht-or-Wa)' Punnil) []v~otic (Vq;. RcIIioval Pcnnit$) : F.XP ('F.xcavatian Permit).. OLand lM:' P,,"dtion (Vouioana:" COndiliun-..1 U:;c:" D., VRSFP (V,-.g. R~Ql "Sill: Fill Pe -mil) , .Boat Doet ~ ~ PUD remnc. de.) . . . 18J. Othcr-~b= .__.~,pt1D'AmcndmcnL... ' . lQ.~ or dewlopmaat Dames p~fbr.oralrady .appe;.naa iR.condominium'~ (if '. Dppfic;t~ ~h: wh\.1Mr ~~Ot c..-,ci.i~) Hxl~ .ll.~.~i'IlCJ..~.i'f . , . ' ~ , 11. ~ Cbeck One: IRI ChedcHsa U110 bcFaxcd 8IM;k]j Personally Pk*ed tip " .', '.. '. . J2. ~ppIiea.tN...e J~ Ii. '~ic~_ : _ _ "_'.' ,P.on~-,,~97-:n' , Fa. _'5NJ ~ 13. SiptDre OftAddrcssmg Cbcddist doc:s Dot CODStitineProjC(:t ...vOT Street Name approval met is . ibjecLIo (ur1JI<ir review by (be ^dd~~ ScotiOn. . .' . FOIt ST~ U$t; ONL\' , Primary Nliinbcr 1 S$ I C. ., AcJdruHK Nwnbcr ""'.5=t'~ Add.-a Nwnbet ~S\ ~'-'-4- . 11 Addn:ss Number A~Vcd by --" ,.:~. '1'1Urw~ Dade. .~-, J -I ~ .\"ViIcd 3-21.4) I PlnO~)l-2004-~-6092 PROJECT #19990060 DATE: 6/21/04 ROBIN MEYER AFFIDAVIT NO. 907 P. 1 Agenda Item No, 8e October 11 , 2005 Page 59 of 6? JUN, 8.2004 1:45PM WelL Randall' Benderson and David H. Bald9-"!f as Trustees wtde.r Trust A~een'Jent dated Deceml:Jer29. 1995 known as the RONALD BENDERSON 1995 TRUST and WR-r ASSOCIATES. l.:Il2. being first duly sworn, depose and say that well am/are the owners of the property described herein and which is the subjecr matter of the proposed hearing; rhal,all the answers /0 the questicns in this application, including the disclosure of interest tnformation, all s~tches, data, and other supplementary matter attached to and made a part of this applfcation, are honest and true to the best of OUT knowledge and belief. WeI.r un.derstand that the irif0177'l.tZtian requested on this application 11lUSt be complete and accurate and that the content of this form, whether computer generated or County printed shall nor be altered. Public hearings will not be advertised until this application is deemed complete. and all required i7(ormation has been submitted. As properly owner Well further authorize Benderson Dtt\lelovment Comprmv and Amoli. Barber. and Bnmda~e, Inc, to act as our/my representative in any matters regarding this Petition. BENDIT'~ TRUST , Trustee RA,JdA-u:. J2,l:.Nd 0,"'. Typed or Printed Name of Owner Typed or hinted Name of Owner ,200~ ~T ~ Alicla K. Gaymn I ~ . "" CtIIIlllls5iol> 0l)11116S8 \1.1 ~MIJd131 7J#f State of Florida County of Collier (print. Type, or Stamp Commissioned Name of Notary Public) Post-It'" brand fax transmittal memo 767'1 fofpagM ~ , S~ 'k" s. Fro~ve. t.J!S "lA co. Co. ...""tical;".. F"r Publk Rearm... ~"r pun RI!ll'''''' 1ll%8tll3 P.pt. ~ '11- ~ r?-3"'sb fb:'z. 01 ~ s-,,- z ~<> ~ Fax. PUDZ-A-2004-AR-6092 PROJECT #19990060 DATE: 6/21/04 ROBIN MEYER .. Agenda Item No. Be October 11 , 2005 . Page 60 of 68 Amendment to , Westport Commerce Center PUD Transportation Statement .' . May 24, 2004 ABBPN 8297-1 , Changes proposed to the Westport Comm:eree CenterPUD will result in a net decrease in traffic impact. The following table summarizes the entitlements provided for in the currently approved PUD versus those proposed. Westport Commerce Center has already been plated and related infrastructure improvements are currently under constlUction. An SDP for a Wal-Mart has also been approved aitd substantially under constructioa . Estimated TransportatioriImpact Fees have previously been paid and Certificates of Public Facility Adequacy have been issued for the development intensity authorized by this PUD. . The proposed amendment proposes to accomplish the following: . remove the accommodations land use designation replace it ~th commercial; . decrease the amount of square footage allocated to induStrlalland uses; . increase the amoWlt of square footage allocated' to Commerclall~d uses; and, . increase the amount of area shown as preserve. As part of this amendment, no chariges are proposed for access to DaVis Boulevard and Collier Boulevard. Internal points of access have been conceptually shown to better represent those proposed in the current submitted and approved Site Development Plan . submittals. . Pro osedLand Use Allocation Based on Tri Generation Land :Use *ITE Existing Proposed Net, . CODE PUD PUD, Increasel(Decrease) Intensi Inteos" . CommerciallRetail Shopping 255,000 ,350,000 95,000 sq. ft. Center sq. ft. . sq. ft. 820 Industrial Business 450,000 105,000 (345,000)sq, ft. (4402) Trips Park 770 . ,ft., ft. . Accommodations Hotel 150 ORooms (150) Rooms (1,110) Trips 310 Rooms . Total Net Tri s. * Shopping Center based on trips per 1,000 square feet gross floor area. *Business Park based on trips per 1,000 square feet gross floor area. *Hotel based on trips per room rate at 83% occupancy. **Nettraffic impact is based on. average day taken from ITE Manual.. PUDZ-A-2004-AR-6092 PROJECT #19990060 DATE: 6/21/04 ROBIN MEYER Agenda Item No, 8e October 11, 2005 Page 61 of 68 valera c - From: Sent: To: Cc: Subject: Anderson, Bruce [BAnderson@ralaw,com] Tuesday, August 02, 2005 11 :49 AM valera_c 'Fred Reischl'; Dave Gustafson FW: Westport PUD Amendment: Lineal Descendants of Nathan Benderson ~ xyOsOl_.DOC Carolina: Please find attached for purposes of financial disclosure, the information that ccpe requested we provide prior to Bec hearing on above. If you have any questions, please give me a call. Thank you, Bruce -----Original Message----- From: Schoch, Karen Sent: Thursday, July 28, 2005 4:46 PM To: Anderson, Bruce Subject: Lineal Descendants of Nathan Benderson <<xyOsOl_.DOC>> 1 I' Agenda Item No, 8e October 11, 2005 Page 62 of 68 Lineal Descendants of Nathan Benderson: Randall Benderson Ronald Benderson Robert Benderson Shaun Benderson Evan Benderson Brett Benderson Todd Benderson 477212.1,999999.9999 Page 2 01'4 Agenda Item No, 8C October 11, 2005 Page 63 of 68 7,4 TRANSPORTATION A. The developer "vill pay an appropriate fee required by the County's F Fee Ordinance 92 22 (] 1-13. a~ amended. as building pe.nnits arc issr proposed project. D. The developer will make a tair share contribution toward the capital traftic signal{s) when deemed warranted by the County, The signal(~ owned, operated and maintained by ('oilier County. C. The developer will provide appropriate turn lanes and street lighting entrances. D. The JocatjOll of accesses will be consistent with the Collier County 1\ Management P(Jlicy (Resolution Q2 ~ .12 0 r -247). Section 6.4 TRANSPORTPTION A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FOOT) Manual of Uniform Minimum Standards (MUMS). current edition, FOOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTeD), current edition. All other improvements shall be consistent with and as required by the Collier county Land Development code (LDC) 9/13/2005 Page 3 of 4 Agenda Item No. 8C October 11, 2005 Page 64 of 68 B. Arterial level street lighting shall be provided at al! access points, Access lighting must be in place prior to the issuance of the first Certificate of Occupancy (CO). C, Access points, including both driveways and proposed streets, shown on the PUD Master Pian 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. ,A.lI such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions, All such access shaH 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; hOWENsr, no additional access points shaH be considered unless a PUD Amendment is to be processed, 0, 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. E, Road impact fees shall be paid in accordance with Collier County Ordinance 01-13" as amended, and Division 3.15. LDC, as it may be amended, F. All work within Collier County rights-of-way or public easements shaH require a Right-of-way Permit. G. 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 LOC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity, H. 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, shaH 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, J, 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 cons'squence of such improvement. K. 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, L. Adjacent developments to the west have been designed to provide shared access or interconnections with this development. The PUD Master Plan indicates these locations. The developer, or assigns, shall assure that any such shared access or interconnection is utilized and shall accommodate the perpetual use of such access by incorporating appropriate language into the development covenants or plat. Revise Master Plan to show an arrow north of the conservation tract, Tract 2, for interconnecting with the parcel to the west. From: valera_c Sent: Monday, September 12,20054:13 PM To: scotCd Cc: Feder_N; CasalanguidaNicki johnson_c SUbject: RE: PUDZ-A-20Q4-AR-6092 - Westport Commerce Center Don, 9/13/2005 Page 4 of 4 Agenda Item No, 8e October 11, 2005 Page 65 of 68 Find attached the latest copy of the PUD document and master plan for your review The master plan depicts a connection to the adjacent property to the west. but is labeled "possible interconnect". I'll contact the applicant and find out their position on this issue. CAROLINA VALERA Principal Planner Zoning & Land Development Review Collier County Government 239.659,5729 -----Original Message----- From: scott_d Sent: Monday, September 12, 2005 3:21 PM To: valera_c Cc: Feder_N; CasalanguidaNick; johnson_c Subject: PUDZ-A-2004-AR-6092 - Westport Commerce Center I stopped by to see you on Friday but heard you were in Tampa, I have not signed off on Westport yet because I am trying to find out if Bruce Anderson followed through with the comments that he made at the Planning Commission that they would show an interconnection over to the property to the West This issue has been raised within the last week by Comm. Henning so I don't have a lot of faith that this has been worked out (I assume he got a call from the property owner to the west) since the Planning- Commission meeting. Can you send me some verification that this has been addressed? Also, I need to see the final PUD language to see how they addressed the previous discussions with FOOT over the right- of-way and stormwater needed for the widening of Davis Boulevard. 9/13/2005 Page 1 of 4 Agenda Item No, 8e October 11 , 2005 Page 66 of 68 johnson_c ,~_",,"_'_"_'~"" ....,"___._....___-"-'___..."'-,_........-_~,_"' ,.,~_~_......_.__~~._...'.,. _,",._..__ ..."..,_._...._.~,~,~.~._.,~.~ ._~__'.___..__.....~__~'..A'.~_... _""_'_~_'''~<<' _'_...._ ,.,."...__ ""._.~__."._'"_.,_....,_"_.__m.~.._'...._...___._~_.,,~.<....~""~_""'.".". .,. ~""~"V ._~,~...~_, From: CasalanguidaNick Sent: Monday, September 12,20054:28 PM To: valera_c; scott_d Cc: Feder_N; johnson3 SubJect: RE: PUDZ-A-2004-AR-6092 - Westport Commerce Center I just reviewed the language and it is missing all the standard transportation language that we asked for. They have their language in black our language is in red below. The interconnection to the westerly abutter is not on the plan below (note arrow in red). Gustafson along with Kimley-Hom was to do a traffic study and water management analysis as well as coordinate with FDOT, ROW is sufficient in front of Wal-Mart but other out parcels were suspect. I I~ l Ii - ------.--.-.--------......-- D A "IS - - - ftPaD Btl'I'IB I I I ,) III , l_;~=~ i ! -- I ;~ I ~I~ I ~!;( I: I ~ i -- _--_II_I ~~i , . II!I I , ~ . --1 I III I I I .... t 9/13/2005 (j l...") 00 "'8:: )l:JOWWVH ~:_~ }!VGH:J ~:~ nnd .......(D0l Ull -.om roOD.. J2 ~ IIIII I. ill ifrl?ft IIIII ill i IIIII i.~- I ,~ ~ '~ II~ ~ I ~ Q I ~ II ~ II I ~I ;, ~I L__ ___ ___ _ _____ __ _ _ ____(.!.8_'~N_~2... 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Ili!l !!iIi . . !Ill . !!Ii - . !QI! ~ ~ ~ ~ ~~ #A-,. u El ~ v-~ ~ ~u ~~~ ~~ ~~; A~ ~~ N r;;0'l ~'W '~A " ~ <i1f'(J: ::l ~~ ~#'4': ~ ..~ ~ ~ ~ - fil13 - i:ffi mil ::0" ...... ,",25 """" 1 D ml I!Ili ~ ~ ~ Lilli !2 ~ IllI - mll:: -< ~, .~I ~ ~ ~::l~ ESp!..;;: Z ;)- EOtl ~~ o~: 1E"'l N fiI .~ ~ . ~~:. ~~. 8 IilIIIl . IE &1l!!l . I!ilI H:ilo!LIDll · a :ild.U. Ill! ~ :> P:::u ~< cn~ ~'" P::: ~ >: p:::u ~< V)"! ~~ ~ 1-- " ....25 IZ ""0 '" l .1 - - ~-< ~ ~ r ~ s: ~ iIJ tIll ]f~ "I!: ll~i ~'I:II II. II~ ~ ~~ ~ !:j;;:1 <i I ~ 8~ I ~~ L!~ , r S~~ ~~~ I ~~~ ~"'(~ I g~~ !'l is' c' ~:-'l"'" ~:"l: ~~~~ . ! .. ~ ~ ~ ~ I ~ ~ ~ COLLlER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET (i) Agenda Item No, 8e October 11 , 2005 2800 NORTH HORSESHOE DRI~?ge 68 of 68 NAPLES, FLORIDA 34104 (239) 403-2400 FAX (239) 643-6968 CHECK ONE: [gI CONTINUANCE D WITHDRAWAL If a continuance is requested, please indicate lenath of time: to: Odober 11. 2005 OR 0 Indefinite From: o Planning Commiuion [8J Board of County Commiuioners 1. Date of Scheduled Hearing: SeDtember 27.2005 2. Applicant/Projed Name: WestDort PUD 3. Application/Case number: PUDZ-A-2004-AR-6092 4. Type of Application (examples: Rezoning, Conditional Use or Variance) PUD Amendment 5. Reason for Request: Inability to reach aareement with abuttina owner on C05t sharin; for 5hared access. UNDER PENALTIES OF PERJURY, AND PURSUANT TO FLORIDA STATUTES SECTION 92.525, I DECLARE THAT I HAVE READ THE FOREGOING REQUEST AND THAT THE FACTS STATED IN IT ARE TRUE. \)~ ~. ~-... ..~-~.~~"- .'."~}--- SIGNATURE OF APPLICANT OR AUTHORIZED AGENT September 21 . 2005 DATE R. Bruce Ander50n PRINTED NAME banderson@ralaw.com e-mail addreu Addres5: Roelzel & Andreu. LPA. 850 Park Shore Drive (239) 649-2708 Phone number NaDles. FL 34103 (239) 261-3659 Fax number 481848.1.000000.0000 ::ODMA\PCDOCS\NAPLES\481848\ 1 Agenda Item No, 80 October 11, 2005 Page 1 of 52 .....--" EXECUTIVE SUMMARY PUDEX-2005-AR-7832 Hammock Woods LLC, represented by David Underhill, P.E., of Banks Engineering, Inc., is requesting a 2-year extension of the Sierra Meadows PUD. The subject property, consisting of 90.8 acres, is located at the southwest corner of Rattlesnake- Hammock Road and Collier Boulevard, in Section 22, Township 50 South, Range 26 East, Collier County, Florida. OBJECTIVE: The objective of this petition is to have the Board of County Commissioners consider a request for a two-year extension of the development time limit of the Sierra Meadows 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: - Staff requests to continue the BCC hearing date from October 11, 2005 to October 25, 2005 due to the fact that the applicant had not responded to staff comments, dated August 10,2005. Staff has requested the applicant to state the reasons the PUD will sunset, as required in the Application for Hearing form. This information is necessary so that staff can provide the Board with all relevant information at the time of consideration of this extension request. Section 1O.02.13.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, if on the fifth year of their adoption the authorized development has not commenced to the thresholds established by the LDC, then the PUD is "sunsetted," 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, 2-year extension. 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 zoned from the Agricultural (A) zoning district to Planned Unit Development (PUD) on December 20, 1985 to allow development of both commercial and residential uses. On December 14, 1999, the subject site was rezoned from PUD to PUD to allow an increase of the commercial use, from 26.5 acre to 30.2 acres, and a reduction in the residential use, from 25.7 to 18.7 acres. The multi residential use portion allows a maximum density of 5.27 units per acre and a maximum of 300 dwelling units. The 30.2-acre commercial area allows up to 260,000 square feet of retail or office development. The remaining 38.8 acres of the site was set aside as preserve and surface water area. The applicant did not provide any specific reasons why development has not proceeded in accordance with the PUD limitations. ,.,-... Sierra Meadows PUD, PUDEX-2005-AR-7832 Page 1 of 2 Agenda Item No, 8D October 11 , 2005 Page 2 of 52 PREPARED BY: Carolina Valera, Principal Planner Department Of Zoning & Land Development Review '-' Sierra Meadows PUD, PUDEX-2005-AR-7832 Page 2 of 2 Agenda Item No. SO OclrJbRr 11, 2005 I""g. 3 of 52 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Numbllr: ttem Summlry: 80 Meeting Dlte: Thl!>- item islJe,ng requested 10 be- conli'lUltd to the- OctoOtior 25,2005 Bee Melltmg Thi>> Item requIres that all par't'cipi!lnts be sworn in and 8)( parte ditclo"we bill providEld b~' Commls.Slon membfH6 PUDEX-:?OO5-AR-7832 Hammock Wood!> LLC, r"prellf~nl"rJ by David UndflrhiJI, PE" or Banks EngIneering, Inc, I. rS<luE'strng oil 2.yeal ert....n&lon of the Sierra Meilldow$ PUD, The aUDtElc;! property, con$!$tin9 of 90.8 acres, if I(lcat~d at the soutt'lweet comer of R"ttlf1sn&l(fJ~HommCl(;k Road and Collier BOUlevard In Section 22, Township 60 South, r~1l119~ 26 E1I6f, CO!lIlH Co~mty, Flc:tide 10/11/20059:00:00 AM Appru,,'ed B)' &.ndra Loa ExocutlV/l- Secrrltl:lllry CommunIty o.vciopmlltnt & Community OGInlopment& E.nvlron""'"tlIll krvlclts EnvironmltnQI Servicel/ Admin. D... '1291200154:0.4 PM Approved B)' RlyBl'lloWfi. Community De\l'llopment& Envlronm_ntil Servlcl' Chief PI..n""r D... lanlng" Land D...,ltl&pm""t R.vlll"w 9{2V/ZG05 ":04 PM Approved By Jouph K. Schmitt CommunIty o.v"lopment.. Environmental S.rvlt.o$ Admln:iltrator C ommtlnlty ~VitIOpm.nt & Envlronmenhll Bervle(,l5 Admin. Data Community Dev.lopm"nt & Erwlronmental8ervlccs Uf30J20058:lIfiAM Apprond B~' Jllm.5 V. Muchl 80ard 01 County Comml.."ionlH" County Manllgor DOl' County MolllulRClr', Otf1C1t 1/30/2005.3:20 PM Agenda Item No. 80 October 11, 2005 Page 4 of 52 RESOLUTION NO, 05 - _ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PURSUANT TO SECTION 10.02.13.D. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE NUMBER 99-91 KNOWN AS SIERRA MEADOWS PUD, EXTENDING THE CURRENT PUD APPROVAL TO DECEMBER 14, 2007; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Sierra Meadows PUD, Ordinance Number 99-91 adopted on December 14, 1999, 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 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 determined to extend the current PUD Zoning for 2 years until December 14, 2007; and NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The above recitals are adopted herein by reference as if fully set forth herein. 2, This Resolution shall constitute evidence of compliance with the review requirements of Section 10,02.13.D. of the LDC. 3. Pursuant to said section of the LOC, the current PUD approval is hereby extended to December 14, 2007; at the end of which time the owner shall submit to the procedures in LDC Section 10.02.13,D. This Resolution shall become effective immediately upon its approval. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. This Resolution adopted after motion, second and majority vote. Done this day of ,2005. 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: 7lla " Ih ,/)(;-.utu.1- - /lU tit.; MlUj~ Student-Stirling ~ Assistant County Attorney ClL{')N COOLt'.l 0_ AN 0 ~Lt'.l -a> W....~ ::::151l. coo "Oti [;0 OJ <C Ilh ~IU Cl. <( ~ W t- - (J) ::; r III u ~ ::l III iii III I I ~ l~~II~d :l I In ; B il I 5-23-05; 4:39pM;Pla~n'~~ Serv,ees --------------- --~--~-~ PUDEX-2005-ili~ Item No, 80 PROJECT #1999do'ggo,ber 11, 2005 DATE: 6/23/05 Page 6 of 52 ~ c;;ount<)' CAROUNA VALERA - - -- --=- - ,'I PUD EXTENSION REQUEST Pre-Application Meeting Notes Date: S'3 .es Time: b~~S Agent Name/Firm Name: ~"'S ~,t-~~' -- Project Name: --'_...c:;\"~ ~wc:. ,-..-.-----..-...- ""-- ---'-"'---'-'" -.--. Applicant's Name: b~E \..."""~~J --'--- Phone: SC'l' · ~J Owner's Name: HC\M.Jlo"I. 0<'0" ~ '\ L l-C,.. Phone ('%-31) 2--'7ow' 10 ( Owner's Address: l.{ ?.. B_r~ (c= 'Y c.,rc..( c. ) ,,,,.t. Co 3 , A At ye-rr If:'c.. n,o '7 Meeting Attendees: Planner: MEETING NOTES y SUMlTTAL REOUIREMENTS: PLEASE REFER TO THE LDC AND APPUCAnON FORM FOR ADDITIONAL INFORMAnON. ration # of Co ies 12 12 2 :% 12 2 Copies of the foUowing: o Complete legal description o I copy of completed Addressing Checklist o I copy of 8 W' X II" graphic location map ohite POSSIBLE OTHER REQUIREMENTS, DEPENDING UPON THE SPECIFIC PROJECf: KJ' Traffic Impact Statement (TIS) 0 Environmental Impact Statement (EIS) LJ Other 0 Other revised: 1/8104 OL{')N OCifOI.(') .....~O :r-- - al (1.)....Cll _alctl -.oil. coo -0- cU (1.)0 OJ <C 5-23-05; 4:39~M;Ple~nlnQ Serv'ces vt vt 1&1 IIIll Q Q ~ .1 ~ > III ... -.-..-.... ---&:-v -- ___'0 ,. t!) C~ ! ei 1_ I- a. fP V' Iff 0 Q ~ -" . . ., a ~1~ III Q 'I- ~ ]~ =.0 ie-< ir-l =; = "-J. ~~ az =.Q ~,' ,.. ~oo JJ t ~ ~ ~ z u)tj "&II tf\a IIIll A. c:t' 0.... ~ ~ - .., Yo < .. 0 l- Ii Q - Z 0 - - .- III ., :> ~ is 1&1 >- I- Z :;) 0 u J .l j . f \oJ Ai w.I Z z :-s ; a. .D Q S 1&1 ::) Z Z C!) II> iii c: "" 0 <( if ;941 6595705 IIIll I ~ Z III Z o :z: Q" ~ -...;=:: ~ ! ~ --"~ ~ ~ # 3/ 5 ~ a; ,:. l!! ~ ~ j 'S; e 8 'g ~ (0 ~ o ..- Q) III .c en ,6 c:: 01 'j;) ~ .!(! i ! u.: 5-23-05; 4:39DM;Plannln~ serv,ces ;941 6595705 * 4~ S Agenda Item No, 80 October 11, 2005 Page 8 of 52 941-859-5724 p.l 1-578 P8021e92 F-434 Ma~ 20 05 10:58a Callier Ce. ADDRESSING ~~-S~-'~~ ~:11 rHUM-Banks Engineering 239-597-3882 ADDRESSING CHEClCLIST Please complete the roUowmS Ed submit to the Addressing Section for Review. Not aU items win .amv tQ every DI'Oiect. Items iD bold tfte are recvrired. 1.:-~. ~Jl!Pi.A of.subject pro~)'-epropertiel copy o,flerwth,-6CriptllHlffilfJi /M'CzftiiC1l,df ._,... .,' - . . WI cn..:6 -~ .\-'\ \~ ~ & ~ C. '2..-z. - '5.0- '"2. C- 2. Fo60 (Property ~D) DDDlber(iI) of above (tlIfa 10, Dr associate wlm. legal ducrlptff11l I/IIIOIW than one) 73620100281. 73620100017. 73~OHKJ029. 73620100$24. 73626100540. 736201005~. 73620100595. 73620100605.13620100621.73620100647. n6201 00689 .t: 7~620J00663 J. Str=t Iddrca or addn:ues (cu lIpJIiicablt. V'tIlrUJdy aftignet/J Collier Boulevard (C.R. 9S1 ) and Rattl--~1!Il Hammogk Road (C.R. 864) 4. Loeatioa map, showioS exact location ofprojcctlsite in relation to nearest public raid righl-of-wa)' (tzltach) S. Copy ot swvcy (NEEDED ONI.. Y FOR UNPLA'JTEO PROPERTIES) 6. Proposed project name (if applicable) Siema M~ows 7. Proposed Street aame. (if oppliClJb/e) Sierra Meadows Dr.. Sierra't4eadows Blw_ Covote Drive. Secruoia Dr. &: Lone Creek Dr. 8. Site Development PIan Number (FOR EXISTING PROJECTS/SlTES ONLY) SOP _- NlA 9. Politi.. Type - (Complete a separate Adclrcssing Checklist Cor each Petition Type) Cl SDP (Site Development Plaa) o SDPA (SOP AmeDdmeDL) o SDP.J.E$J3.lnsubllaRtiaJ-CbaDg.) o SIP (Site Improvement Plan) o SJPA (SIP Amendment) o 8NR (Sueet Name Chanac) o VeptatiODlExotic (Veg. Removal Pc:rmits) III Land Use Petition (Variance. Conditional Use. BeaI D* Ext., Rezone. PUD rezone. etc.) o Other. Deacribc~ 10. Project or development names proposed for. or alrcaciy appearing in, eondominium docume:ats (If appJic:able; indicate wb.etb=r proposed or existing) [J PPL (pJanr " Plat Review) [J PSP (Preliminary Subdivision Plat) Gl-FP{F_-P1at) CJ LLA (Lot Line A~ustmeDt) o BL (Blasting Permit) o ROW (Right-of-Way Pemait) o EXP (Bxcavation Permit) o VRSFP (Veg. Removal & Site F'tU Permit) J I. Please Check ODe: III Checklist is to be Faxed Back C Persona1Iy Pidced Up 12. Applie...t Name David R. Underhill. I:.. P.B. Pluo 597-2061 Fax 597-3Q82 13. Sianature on Addressing ChecJdist does not cOJJstituto Project and/or Street Name approval and is IUbject to further review by the Addrcsaing Section. FOR STAFF USE ONLY Primary Number I O~ L... . AcIdrcss Number ~~ LT \ ~ <<0} Addreu Numbe:~4u.."'2..o0 Address Number "3ot.l:. '-\- "Z.b~ "5. ~o 'Z. >0 $:\IollJ\141lll\1431\DDCU11l"'l\ClI1III\I\PIJ~""'1437_~k'IIl./'LIl&_Ioa.dDC ">~~ "t.o.> .. u,~ "t.l;:)~ "3.~L1,. 'Z.O~ ~ 't-O' ~4t+ "2..0<6 .~~O~\~ Approved by ~".:j M~l"I"\ Dati: 5-o~-0.5 . Revised 3.2 r.(J J ~G. "Z-t:;'""\ 0 -::,C--z..C\." s COLLIER COUNTY GOVERNMENT DEPT. OF ZONING & LAND DEVELOPMENT REVIEW WWW.COLLlERGOV.NET (i) Agenda Item No, 8D October 11, 2005 Page 9 of 52 2800 NORTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 (239) 403.2400 FAX (239) 643-6968 ";APPLleAt'ON' F'oi,.PUBLIC: "HE4RI'N~ FeR~~ I ' , '1 ~' 'I . ,,'I- J ..~; ., . I: '1 . I }~'. ...., ,~S~f',p> "'I~ '" , .i .-.:')..,~~g,',~~~i,~~:I:'~~'~~:~~~~~~~:~:~~':'\:'5~"'" ,:,,:,,~:,:;;\. ,;;':\;"",.,:- ;i" 'i,..,:""I'.:};i~;':~,)~:,.'.':!" '..,...' PETITION NO CAR) PROJECT NAME PROJECT NUMBER DA TE PROCESSED ASSIGNED PLANNER PUDEX-2005-AR-7832 PROJECT #19990059 DATE: 6/23/05 CAROLINA VALERA '~~..;. ",' ,~I' NAME OF APPLlCANT(S) Hammock Woods. LLC .& Cambr Co.. Inc. ADDRESS 42 Barleley Cir. Ste 31410 Ocean Ave. CITY Ft. MyerslLynbroolc STATE FLINY ZIP 33907/1 1563 TELEPHONE # 239-277-1701 CELL # N/A FAX # 239-278-1101 E-MAIL ADDRESS: NIA NAME OF AGENT David R. Underhill, Jr.. P.E. - 8anlcs Engineering, Inc. ADDRESS 6640 Willow Parle Drive. Suite 8 CITY Nqples STATE TELEPHONE # 239-597-2061 CELL # 239-940-8687 FAX # E-MAIL ADDRESS:DUnclerhill@BanlcsEng.com FL ZIP 34109 239-597-3082 BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS. PUD Extension Application S:V obs\ 14",,\ 1437\Documents\CountylPUDExtcnsion\ 1437 _ PUDExtensionApplication.doc . AS$OCIATIONS .,....A~d~~~~\~~~~1 Provide additional sheets if Complete the following for all Association(s} affiliated with this petition. necessary. NAME OF HOMEOWNER ASSOCIATION: Sierra Meadows Prooerty Owners Association MAILING ADDRESS 42 Sarkl.., Circle, Suite 3 CITY Ft. M.,ers STATE FI. ZIP 34109 NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY 5T A TE ZIP NAME OF HOMEOWNER ASSOCIATION: MAILING ADDRESS CITY STATE ZIP NAME OF MASTER A5S0CIA TION: MAILING ADDRESS CITY ST ATE ZIP NAME OF CIVIC ASSOCIATION: MAILING ADDRESS CITY ST ATE ZIP "Dlsclosu.reqf Inte..estJnf.ormatloh a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or ioint 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 NIA PUD Extension Application 5 :'Jobs\ 14",,' 143 7\Do<:umentsICounty\PUDExtcnsion\ 14 37 _ PUDExtensionApplication.doc: b. If the property is owned by a CORPORATION, list the officers and sto~i~~~~~ percentage of stock owned by each. Page 11 of 52 Name and Address Percentage af Ownership Cam&r Co.. Inc. 410 Ocean Avenue L yn&roolc. NY 11563 c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. Name and Address Percentage of Ownership NIA 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 Rona/J 1. Davis Ro&ert L. D'Anclrea 42 Barlc/e" Circle. Sui'. 3 Fort Myers, Florida 33907 50% each PUD Extension Application S :lJobs\14xx\ 143 7\Docwnents\County\PUDExtension\143 7 ]U DE"lCnsionApplication. doc e. If there is a CONTRACT FOR PURCHASE, with an individual ~Pd~bW~o~~ Corporation, Trustee, or a Partnership, list the names of the contract purch..,.1ieJow, including the oHicers, stockholders, beneficiaries, or partners. Name and Address Percentage of Ownership NIA 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. Nome and Address NIA g. Date subject property acquired [gI leased D Term of lease T /2003 If, Petitioner has option to buy, indicate the following: yrs.fmos. Date of option: NIA Date option terminates: Anticipated closing date NIA NIA , or 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. PUD Extension Application S:VobsI14lC<ll 43 71Do<:wncnulCountyIPUDExlcnsionl J 437 ]UDExtcnsionApplication.doc , 'PROPERry'LOCATJON , 'Agd~:b~~~1~~'~~1 Page 13 of 52 Detailed leaal description of the Dropertv covered by 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 b. required. Section/Town ship/Range lot: Block: 22 I 50 / 26 Subdivision: Sierra Meadows Plat Book ~ Page #: 11-13 Property 1.0.#: 736201002.1. 736201000'7, 73620100029. 73620'00524, 73620100540,73620100566,73620100595,73620100605. 73620100621, 73620100647,73620100689 &73620100663 Metes & Bounds Description: North one hall N(!.7J 01 the north one hall (NJliJ less and exceat 'he northwest auarter (NWV-fJ 01 the northwest auarter (NWV-fJ and less the westerly 400', Sedion 22, Township 50S, Ranae 26 E, Collier Co. Size of property: ft. X ft. = Total Sq. Ft. Acres 90.8+/- Address/venerallocation of subject property: Southwest corner 01 Ratt/esnalre Hammock Road and Collier Boulevard _I 'ADJACE"tiiQNI"'GANb~ANQ,U$E . ' Zoning land use N ROW S GOV E ROW W GOV Rattlesnalre Hammock RoacJ Lety Elementary School Collier Soulevard Vacant Doe, the owner of the subject property own property contiguous to the subiect property? If so, give complete legal description of entire contiguous property. (If space is inadequate, attach on separate page). Section/Township/Range 22 / 50 / 26 Lot: _ Block: Subdivision: Edison V1IIage Plat Book _ Page #: _ Property 1.0.#: Metes & Bounds Description: 00431960404 PUD Extension Application 5: 'Jobs\ 14",,\ 143 7\Docwnents\CowllyIPUDExtension\1 43 7 ]UDExtcnsionApplication,dcx: ,'. EXTEN,' staNRE, QUeST'DET All,' .. . ..' . ,.- ..,... . Agenda Item No, 80 nt"tnhpr 11 ?On~ Pagi;(t1(Jf52 Has this Master Plan received any previous extension(s)? 0 YES [gI 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 I:8J NO If YES, please provide a copy of the approved phasing schedule. Has the Master Plan sunse"ed? 0 YES 181 NO If NO, please indicate the date that it will be sunse"ed: If YES, please explain why the Master Plan was allowed to sunset: December 14, 2005 Please provide a chronology of the original %oning approvals and amendment approvals as well as any development approval and any site development improvements that occurred before the master plan was vacated. Prelimincrl'Y SUbdivision Plat - March 79,2002 (AR-777J Plans & Plat ADDI'Oval- September 9, 2002 (AR-2340J SOP - Residential Area - AR-7674 Is the extension requested for: [gJ the entire original development, or 0 phase(s)? If for phases, please indicate the phase number(s): Please explain how the Master Plan remains consistent with the current Comprehensive Plan, including density, intensity and concurrency requirements. The project has been SUbdivided in accorcJance with the MCP anc/ subsequent approvals. All infrastructure for the entire sulxlivision is substantialtv comD/ete. The current PUO/MCP and SUbdivision is consistent with current LDC and Comp Plan requirements. The proiect is consistent with current density allowances and does not cause public infrastructure to ODerate below adopted levels of service. 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. The proiect is bordered by public roads on the east ancl north, by preserve on the west and public lacilities to the south. No new approvals or ad;acent properties have been approved since the SUbdivision was created. Current perimeter buHers exceed LOC requirements. PUD Extension Application S:\1 obs\ 14>cx1143 7\DocumenrslCoWltylPUDExtensionl 143 7 ]UD Exlcn5ionApplicalion. doc: Does the development shown on the Master Plan place an unreasonable burden on essentia1~~~ii~~i~~~ PI I . Page 15 of 52 ease exp aln. No. i;' ~,' ',." . ,jl". ,;.. :1;.':, ",.1~' ,.. '.. ~ " :", I" ,", . '''.I..r~', '. "'.'E~ALUATIQNcRiTERI'A. "..;,'" "..;',; ,.- ",., ',".,' "",1 .,' '" Evaluation Criteria: Provide a written narrative statement describing the request to show compliance with the criteria found in the Collier County LDC noted for the proposed action. Include any additional materiols and documentation in support of the request. Deed Restrictions: The County is legally precluded from enforcing deed restrictions, however, many communities have adopted such restrictions. Vou 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. Previous land use petitions on the subiect property: To your knowledge, has a public hearing been held on this property within the last yeari 0 Ves I:8J No If so, what was the nature of that hearlngi NOTICE: This application will be considered "open" when the determination of "sufficiency" has been made and the application is assigned a petition processing number. The application will be considered "closed" when the petitioner withdraws the application through written notice or ceases to succly necessary information to continue crocessing or otherwise actively cursue the rezoning for a cer/od 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. (lOC Section 10.03.05.Q.) GENERAL INSTRUCTIONS Applicotion Informotion must be c1eorly printed or typed. All moteriol must be legible ond completed in full. All requirements must be submitted os indicoted below, unless otherwise determined during the pre- opplicotion meeting. GENERAL APPLICATION To be com pleted in full. PRE-APPLICATION MEETING NOTES Provide copies of notes token ot pre-opplicotion meeting PUD Extension Application S :\lobsl 14"", J 43 7\DocwncnlsICountyIPUDE"tcnsionl 143 7 _PUDE"ICD.lionApplicaliOll,doc Agenda Item No, 3D October 11 , 2005 PROJECT NARRATIVE Page 16 of 52 Provide 0 written statement describing how the criteria listed in subsection 10.02.12 of the Lond Development Code hove been met. ADDRESSING CHECKLIST FORM Must be completed and approved by the Addressing Deportment, 2800 North Horseshoe Drive, Naples, Florida 34104. Phone (239) 403-2482, FAX (239) 659-5724 PUD DOCUMENT Original PUD opproval ordinonce. FEES Required fee in the omount of $1,000.00 per current Fee Schedule. Check shall be mode payable to: Collier County Boord of Commissioners. AERIAL PHOTO Whether or not an EIS is required, two copies of 0 recent aerial photograph, (token within the previous twelve months), minimum scale of one inch equals 400 feet, sholl be submitted. Said aerial shall identify plant and/or wildlife habitats and their boundories. Such identification sholl be consistent with Florida Department of Transportation Lond Use Cover and Forms Classificotion System. Additionally, 0 calculation of the acreoge (or squore feet) of native vegetation on site, by area, and a calculation ond location(s) of the required portion of native vegetation to be preserved (per LDC Section 3.05.07). OWNER/AGENT AFFIDAVIT Affidavit signed by owner outhorizing agent to oct as representative. Must be signed and notarized. WARRANTY DEED A copy of the lost recorded deed, contract for sole or ogreement for sole, or 0 notorized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. MASTER PLAN Master plan no larger that 24" X 36", drawn to a maximum scale of 1 inch equals 400 feet, [and one reduced 8 112" X 1 1" copy] depicting the following: · 011 existing and proposed structures ond 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) · 011 existing ond/or proposed porking and looding areos [include matrix indicating required and provided parking and looding, including required parking for the disabled] · required yards, open space and preserve areas · proposed locations for utilities (05 well os location of existing utility services to the site · proposed and/or existing landscaping and buffering os may be required by the County PUD Extension Application S:V obsl 14xxl 143 7\Doewnents\CountylPUD Extenslon\ l4 3 7 _ PUDExlensionAppl ie.tion. doe OTHER Agenda Item No. 80 October 11 , 2005 After initial review of the request, staff will determine what If any additional information maYAate-4GjltJf8ia to substantiate the request. The applicant's agent will be notified. CONTINUANCE FEES In accordance with Collier County Community Development and Environmental Services Fee Schedule, when land use petitions are continued, the following fees will apply: Two days or less prior to meeting = $500 Requested at the meeting = $750 Additional required advertising charged in addition to continuance fees PUD Extension Application S:'J obsl 14xxl 1437IDo<:umemsICountyIPUDExtensionl 143 7 ]UDExtensionApplication. doc SUBMITTAL~SUFFICI~NCY CHECKLIST PUD EXTENSION THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPUCATION PACKET No. of Copies [8J12 [g112 1Z112 C8]1 1Z112 ~2 [g12 C8]2 ~2 1Zl o Completed Application Pre-Application Meeting Notes Master Plan 24" X 36" Master Plan 8 Y'2" X 11" Approved PUD Ordinance Warranty Deed or Contract for Sale Owner/Agent Affidavit, signed & notarized Aerial Photos with Habitat Areas Identified Addressing Checklist Required Fees Other 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 petition. S2r1~~- t.(~J. oS ate Agent/Applicant Signature POO Extension Application S:lJobs\ 14",,\ I 437\Documents\CountyIPUDExtension\ 1437 ]UDExtenslonAppocation.doc Agenda Item No, 80 ~ 11 ?005 Page 19 of 52 AFFIDAVIT We/I, Hammock Woods. LLC being first duly sworn, depose and say that well amlare the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Well further authorize Banks EnfJineerina. Inc. our/my representative in any matters regarding this Petition. to act as ~PJ~)~-- Signature of Property Owner Signature of Property Owner Robert L. D'Andrea Typed or Printed Name of Owner Typed or Printed Name of Owner State of Florida County of Lee The foregoing instrument was acknowledged before me this , 2005, by ~.. \..... ~'~~ known to me C. has produced ~\ ~ u.CtII'n~ identification. ,;)~ day of V't\~ who is personally as Florida) ~t1-Y PII"t- s. DAWN LAMATRICE .<J ....... MY COMMISSION' DO 387514 ... ~ of< EXPIRES: Febrvary 17, 2009 ~ Bondtd Thru BudgIt llolllY s.m- ~#OF,,"dJ'" ~~ (Signature of Notary Public - State of Name (Print, Type, or Stamp Commissioned POO Extension Application C :\Documents lII1lI SettinsslAdministratorlLoclll SeuinllS\ T CIUpOI'lU'Y loternet FilesICODteIItJES\69GFEHml437 _PUDExtensionApplication[ I] .doc of Notary Public) Agenda Item No, 8D October 11 , 2005 Page 20 of 52 AFFI DAVIT Well, Cambr Co.. Inc. being first duly sworn, depose and say that well am/are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, including the disclosure of interest information, all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of our knowledge and belief. Well understand that the information requested on this application must be complete and accurate and that the content of this form, whether computer generated or County printed shall not be altered. Public hearings will not be advertised until this application is deemed complete, and all required information has been submitted. As property owner Well further authorize Banks Enoineerino. Inc. our/my representative in any matters regarding this Petition. to act as Signature of Property Owner r (4..ti ~ ~ Signatliire of Property Owner ~~ - Typed or Printed Name of Owner }It ~c~C\.(.l j: SI-.el ~ Typed or Printed Name of Owner State of ~L Cou nty of f) u/elL..- PUD Extension Application C:\Documents and Settings\Administrator\LocaJ Seltings\Temporary Internet Files\Content,1E5\69GFEHlTlJ437 ]UDExtensionApplication{1 l.doc Florida) Item 0, 80 r 1 ,2005 1 of 52 Public - State of lYYl/S'.J e/~ (Print, Type, or Stamp Commissioned Name of Notary Public) t:" ---.....-.....- _ ..- _ _ .- ( , "IIIU""" ..- -- ...- L~...'" ,I ~~m'~oJ!''';~... DENISE Eo Glor.. '. '; ~. ~ \ Notary Public. State ~ "'F1"orod { .'; =u., "'. fa,) "j' ..~", .fl ~lCommissDn~Jun18 2005 ~, .' "i~OI:ft\.~,"'" Com. . "J ", '"""..... misSion' 00028578 p. ".~~~~ ~ - __ .........._,,, ~.V\..." PUD Extension Application C:\Documents and SettingslAdmiJuSlralOrlLocal SettingslTempol'lllY Internet FileslConlent,lE5169GFEHITl1437 ]UDEl<tensionApplication[ I J.doe FROM : DON RUGG I ERG FAX f\O. : 7048460372 Agenda Item No, 80 Ma!:j. 13 2005 1V~~r 'Rl, 2005 Page 22 of 52 CAMR COMPANY INC. 410 Ocean Ave. Lynbrook, NY 11563 (516)599.2442 May 13, 2005 RE:State ofFlori~ County ofCoIlier Property lyingin Sec. 22, Township SO South, Range 26 East Descnbed further as attached Exhibit "An To Whom It May Concern, This notice verifies Michael Stein of Stein Builders is acting as agent for CAMBR CO. Inc. for the purpose of building and development of the property referenced above. Any questio~ please call me at the above phone number. ]:// Don Ruggiero CFO ORDINANCE 99-~ Agenda Item No. 80 .. October 11 ,,2005 Page 23 of 52 Dm1~ ft~ 01801'" AN ORDINANCE AMENDING ORDINANCE NUMBER 91-( 02, 1'1-1 E COLLIER COUNTY LAND DEVBLOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLI HR COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 0622 BY C1IAN<..jING TilE ZUNING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "I)UD" PLANNED UNIT DEVELOPMENT KNOWN AS SIERRA MEADOWS PUD, FOR PROPERTY LOCATED AT THE SOUTHWEST QUADRANT OF THE INTERSECTION OF RA'ITLESNAKE-HAMMOCK ROAD (C.R. 864) AND C.R. 9S I, IN SECTION 22, TOWNSHIP 50 SOUTIl, RANGB 26 EAST, COLLIER COUNTY, FLORIDA. CONSISTING OF 90,8+ ACRES;' PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 94-64, THE FORMER SIERRA MEADOWS PUDj AND BY PROVIDING AN EFFECTIVE DATE, WHEREAS, Broce Anderson, Esq., of Young, Van Assenderp, Vamado~ af\,d J\ruierson . , and Greg Stuart, AICP, of Stuart and Associates, representing Land Trust NapleS. -~iti~~ed J~~ . . . Board of ('.ounty Commissioners to change the zoning classification of the herein deScribCd rc;lt , " '.... . ( ..... ... property; ~'.: ;'" j d NOW THEREFORE BE IT ORDAINED BY THE BOARD ~: C~ l_~::'" c.aJ COMMISSIONERS OF COLLIER COUNTY, FLORIDA; >1''1 SECTION ONE: TIle Zoning Classification of the herein described real property located in Section 22, Township SO 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 is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 0622, as described in Ordinance Number 91.102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: OrdiDanco Number 94..64, known II tho Sicm. MOIdowI PUD.ldoptod on Docombor 20. 1994 by the Board of County Commlaiooera of CoUier County. it hereby repealed. in its entirety. -1- Agenda Item No, 80 October 11, 2005 Page 24 of 52 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, lhis~aYOf~' ,1999. ATTEST: . DWIGHT E. BROCK, Clerk . ,;:~'.<.:.,~j,:;.; ..~;', \ " :. :,,':~..'.:~i;;:.~~ftf ~ ~4(!, " ;:.' .sip_tur' 01111_ '..;.,:....,/\pp,iO-ved as to Fonn and Legal Sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER OUNTY, FWRIDA BY: P ~.L~n,.{)v~ Marjori M, Student Assistant County Attorney This ordinance fil..d with the Secretory of ~ Of%~'e ~ay af -, - and aCknowledgement of that filing re<:eived this~(lay of~~ ,.-:'~~ ~./ B ~"'J'J.. Y DoPUtl' ORDlNANCElPlll>-94.oI(l )/SMIom -2- Agenda Item No, 8D October 11 , 2005 Page 25 of 52 PUD-94-1(1) exhibit A PLANNED UNIT DEVelOPMENT DOCUMENT FOR The Sierra Meadows PUD A Mixed Use Development Prepared by: ;':/.~ ~...:=-,~~... . ~'~];;j i ".;," ',:1 :'1 : ~; I oJ. . ~~." '~l I ;i;'-'-~~'_I""""'j"':"., U uu...:;..,.....'::.....L IJ ......, ---~---------~._~---_._. Stuart and Associates 2180 West First Street, Sutte 503 Fort Myers, Florida 33901 o.tII RevlIMcS bV cePe: en AppnMJd bV Bee: I~,"" OrdInIInctlNumber:tp?_~ Agenda Item No. 80 October 11, 2005 Page 26 of 52 TABLE OF CONTENTS ~ STATEMENT OF COMPLIANCE 3 SECTION I Property OWnership & Description 5 SECTION II Project Development 6 SECTION III Residential District 11 SECTION IV Community Commercial District 16 SECTION V Conservation Reserve District 20 SECTION VI General Development Commitments 21 UST OF EXHIBITS EXHIBIT -A- PUD Ordinance EXHIBIT -B- Master Concept Plan 2 Agenda Item No. 80 October 11 , 2005 Page 27 of 52 STATEMENT OF COMPLIANCE The development of 90.8+ acres of property In Section 22, Township 50 South, Range 26 East. Collier County, as a Planned Unit Development to be known 8& The Sierra Meadows 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 commercial, residential and conservation reserve tracts of the Sierra Meadows PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is located at the southwest quadrant of the Intersectlon of Rattlesnake Hammock Road and CR 951, and Is classified as the Urban CommerCial Mixed Use Activity Center on the Collier County Future Land Use Map. The Mixed Use Activity Center permits up to 40-acres of commercial and residential development at up to sixteen (16) dwelling units per. acre within the Activity Center. The Sierra Meadows PUD calls for a 30- acre plus commercial tract with an Integrated three-hundred (300) multi- family dwelling unit tract. . 2. Activity Centers are the preferred locations for the concentration of mixed- use residential and commercial development actMties. The proposed development includes both residential and commercial uses which Is entirely consistent with the Urban Commercial District Objective and associated Policies and Standards. 3. Provisions are Included In the project to minimize the number of ingress and egress points onto Rattlesnake Hammock Road and C.R. 951 so as to coordinate on-site and off-site traffic movements and to proVide interconnections for pedestrian.. bicycles and motor vehicles for existing and future adjacent projects. . 4. The project development promotee ICIUnd pl8ming and ensures land u.... compatibility a. required by Objecttva 6 of the Future Land Use Element. The project development Is compatlbla with and complementary to existing and future IUl1'DUndlng commercial land UI88 to the north and east, existing public community educational facilities to the south and future residential land uses to west. 5. The subject property's Mixed Use ActivIty Center location In relation to existing or propoaed community fecIIltie. end .ervlces pennita the development's intensity of land UN aa required In Objective 2 of the Future Land Use Element, and the Collier County Density Rating System. 6. All final development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code 8S 3 Agenda Item No. 80 October 11, 2005 Page 28 of 52 set forth in Policy 2.3 of the Future Land Use Element. The development project will be served by a full range of services and utHities provided by the County and will result in an effICient and economical expansion of facilities as required Policy 3.1 H of the Future Land Use Element. 7. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. 8. The Sierra Meadows PUD is planned to incorporate open spaces, weUands and natural systems for water management in accordance with their natural functions and capabilities consistent with Objective 1.5 of the Drainage Sub- Element of the Public Facilities Element and Goals One, Two and Six of the Recreation and Open Space Element. 9. The entire subject property qualifies for a maximum density of 496 dwelling units per acre based upon Future Land Use Element Density Rating System. The project development is consistent with the Density Rating System with a project density of 5.27 dwelling units per acre. or 300 total maximum units. Land Use Area (I) Density Dwelling Uni1S Total Sile Area Leu Commercial Tract Right-oC.way Multi-family Residential Preserve and Surface Waler Management Area Net Gross Area For Residential DeIllIity Calculatiolll - . Mixed UIe Activity Center . RcsidCl1rial Buc Dc:mity . Activity Ceotcr Deality Baud . 2 Direct AcccsI CoDnccbolll Total s.tna-iM Maximum tJaita 90.8 30.2 ac. 3.1 ac. 18.7 ac. 38.8 IC 60.6 &C 5.1 ac. 5S.5 Ie. SS.S Ie. SS.S Ie @16DUSperle. @4 DUS per Ie. @ 3 DUS per &c. @ 1 DUSpcrac 82 DUS 222 DUS 166 nus SS DUS .~.tiK. 1.66 DUS JIll' ac. 525 DUS Stem MeadoM PUD Am-"- ~., lKl. ..,3 DUB per ac. 300 DUS (J) RJaba-or.way. C'.oIIInIen:taJ aDd a.ideaIiaJ Tl'8Ct ... III be fiDIJlIed It PiDa1 Site DeveIopmeDt PJu Review. . 4 Agenda Item No. 80 Octobef 11,2005 Page 29 of 52 SECTION 1 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 name of The Sierra Meadows PUD 1.2 LEGAL DESCRIPTION A parcel of land located in Section 22, Township 50 South, Range 26 East. Collier County, Florida. being more particularly described as follows: The North one-half (9-112) of the North one-half (9-112), except the Northwest quarter (NW-Y.) of the Northwest quarter (NW-Y..) and road right-of-way and less the Westerly 400 feet, Section 22, Township 50 South, Range 26 East, Collier County, Florida. Containing 90.8 acres, more or less. Subject to easements, reservations or restrictions of record. 1.3 PROPERTY OWNERSHIP The subject property Is currently owned by Land Tl\lst Naples. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property 18 located at the aouthw88t quadrant of the Intersedlon of R8tt1nnake Hammack . Road and OR 851 of unincorporated Collier County, Florida. The lubject property _located within an Urban MIxed U.. ActMty Center a. dellgnated on the Future Land Use Map. B. The property 18 currently vacant. The entire Bite currently he. PUD zoning. 1.5 PROJECT DESCRIPTION Approximately 4O-acres of the 90.8 acre property are located within the Mixed Use Activity Center. The Sierra Meedowa PUD will Include a mixture of land use8 for commercial. residential and conservation. reserve. The rnxed-use project will consist of a 30.2 plus acre comrnerclalland u.a traet, approximately 3.1 acrel of internal right-of-way, a 18.7-acre realdentlalland use net, and a 38.S-acre conservation reserve tract. The final size and configuration of the commercial, 5 Agenda Item No. 80 October 11, 2005 Page 30 of 52 right-of-way, residential and conservation reserve tracts will be determined during final Site Development Plan approval process however, the final size shall not deviate more then five percent of the total acreage designated as such, up to five acres in area. Access to the site is provided from both CR 951 and Rattlesnake Hammock Road through existing and proposed median openings to provide ingress and egress to both arterial and collector roadways. The Sierra Meadows PUD Access Management Plan is depicted within the Exhibit aA", PUD Master Plan. A maximum number of three hundred (300) dwelling units are proposed along with two - hundred and sixty thousand (260,000) square feet of gross commercial floor area. The Sierra Meadows PUD intends to establish commercial development guidelines and standards to ensure a high and consistent level of quality for proposad features and facilities. Uniform guidelines and standards will be created for landscaping, lighting, fences and buffers. The Master Plan is illustrated graphically on Exhibit "A", PUD Master Plan. Individual tract land uses are identified within the Master Plan. 1.6 SHORT TITLE This Ordinance shall be known and cited as the "Sierra Meadows Planned Unit Development Ordinance." SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE Tha purpose of this Section is to define. and generally describe the project plan of development, relationships to applicable County ordinances, the I'8&pective land uses of the tracts included In the project, as well as olher project relationships. 2.2 GENERAL A. Regulations for development of The SIerra Me8d0w8 PUO shall be In accordance with the contents of thl8 document, PUD-Planned Unit Development Diatrict, appllcabte HctIonl and parta of the Collier County Land Development Code In effect at the time of Site Devefopment Plan or Plat approval, as applicable and as provided In the Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or building permit appnCatlon. Where these regulations fall to provide developmental standards, then the provisions of the most similar district in the Cotller County Land Development Code shall apply. 6 Agenda Item No. 8D October 11 , 2005 Page 31 of 52 B. Unless othetw;se noted, the definitions of all terms shaU be the same a8 the definitions set forth in the Collier County Land Devetopment Code In effect at the date of adoption of this PUD. C. All conditions imposed and graphic material presented depicting restrictions for the development of The Sierra Meadows PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for this PUD remain in full force and effect. E. Development permitted by the approval of this petition will be subjected to a concurrency review under the provisions of Division 3~ 15, Adequate Public Facilities 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 this development. 2.3 PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is Illustrated graphically by Exhibit "Aa, PUD Master Plan. B. Minor modifications to Exhibit "A" may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. C. In addition to the various aress and specific Items shown In exhibit "Aa, easements (such as utility, private, seml.publlc, etc.) shall be established and/or vacated within or along the property, 8. may be nece8Sary. 2.4 LAND USE! A. exhibit "A., PUD Malter Plan, conltltutel the required PUD Development Plan. Except u oIheIwI..provlded within this PUD Document, any division of the property and the devetopment of the land shall be In compliance with the Subdivision Regulation. and the platting laws of the State of Florida. B. The provision. of Division 3.3, Site Development Pl8n. of the Land Development Code, when applicable, shaH apply to the development of aU platted tracts, or parcell of tend a. provided in eald Dlvllion 3.3 prior to the issuance of 8 building permit or other development order. C. Appropriate Instruments will be provided at the time of infrastructure improvements regarding any dedications and provision for 7 Agenda Item No. 80 October 11 , 2005 Page 32 of 52 perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD document and Master Plan as provided in Section 2.7.3.5 of the Collier County Land Development Code. 2.6 MODEL HOMES Model Homes and Model Home Sales Centers shall be permitted as provided for In Section 2.6.33.4 of the Collier County Land Development Code. 2.7 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL This PUD is subject to the sunsetting provisions as provided for within Article 2, Division 2.7, Section 2.7.3.4 of the Collier County Land Development Code. 2.8 PUD MONITORING An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. 2.9 DEDICATION AND MAINTENANCE OF FACILITIES The Developer shall create appropriate property ownership association(s), which will be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County . 2.10 OpeN SPACE REQUIREMENTS A minimum of thirty percent (30%) of the proJect'l gross area shall be devoted to open space, pursuant to Article 2, DMllon 2.8, and Section 2.6.32 of the Collier County Land Development Code. The total project Is 90.8 +/- acres, requiring 8 minimu,!, of 27.24 acre. to be retained .. open space thfoughout The Sierra Meadows PUD. The 38.a-aca cons.Natlon re'.Na tract will comprehenslvaly meet the projects 30% open space requirement The 30% open space requirement shall not apply to Individual development parcels. 2.11 NATIVE VEOET A TlON RETENTION REQUIREMENTS Pursuant to Article 3, Division 3.9, Section 3.9.5.5.3 of the Collier County Land 8 Agenda Item No. 80 October 11,2005 Page 33 of 52 Development Code, 25% of the viable naturally functioning native vegetation on site, or approximately 22.7 acres, shall be retained. The 38.8-acre conservation reserve tract will comprehensively meet the projects 25% native vegetation requirement. The 25% native vegetation requirement shall not apply to individual development parcels 2.12 POLLING PLACES Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County land Development Code, accommodation shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. 2.13 SIGNS Signs shatt be In accordance with Article 2, Division 2.5 of the Collier County Land Development Code. 2.14 ~KE SETBACK AND EXCAVATION The lake setback requirements described In Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the. administrative approval of the Collier County Engineering Review Manager. All lakes greater than two (2) acres may be exoavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1; however, removal of fHl from The Sierra Meadows PUD shall be limited to an amount up to 10 percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. 2.15 EXCAVATION AND VEGETATION REMOV~'" A. Improvement of property ahall be prohibited prior to I.euanee of a building pennlt. No lite work, removal of protected vegetdon. grading, Improvement of property or conetructlon of any type may be commenced prior to the Issuance of a bull~lng permit where the development PlOP08ed requlrn . building permit under the Lend Development Code or other applicable County regulations. Exceptions to this requirement may be Qnmted by the ConvTlUnlty Development end Environmental Services Administrator for an approved Subdivision or Site Development Plan to provide for distribution of fill excavated on alte or to permit construction of an approved water management system, to minimize stockpllel and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been aubmltted and approved meeting the standards of Section 3.2.8.3.6. of the Code and a Clearing and FDling Permit has been Issued. 9 Agenda Item No. 80 October 11 , 2005 Page 34 of 52 Removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Division 3.9 of the Land Development Code. B. A site clearing, grading. filling and revegetation plan and a Clearing and Filling Permit Application, where applicable, shall be submitted to the Community Development and Environmental Services Administrator or his designee for review and approval prior to any clearing, grading or filling on the property. This plan may be submitted in phases to coincide with the development schedule. The site- clearing plan shall clear1y depict how the improvement plans incorporate and retain native vegetation. The site specific clearing, grading, and filling plan for a Subdivision or Site Development Plan may be considered for review and approval under the following categories and subject to the following requirements: 1. Removal of exotic vegetation Is permitted upon receipt of a vegetation removal permit pursuant to Division 3.9. Additional site alteration may be permitted or required to stabilize and deter reinfestatlon by exotics subject to the following: a) Provision of a site filling and grading plan for review and approval by the County; b) Provision of a revegetation plan for review and approval by the County; 2. Sltefllling exceeding 25 acres to properly utilize flll generated on site, but which does not require the removal of more than 25 acres of protected vegetation, may be approved by the Community Development and Environmental Services Administrator subject to submission of the following: a) A slte.cfearing planshaU be submitted for review and approval that shows the acreage to be cleared. A minimum of 26% of the natural functioning vegetat!on shall be retained. b) The applicant shaH lubmtt a detailed descrtptlon of the fln and lite work activity Including a plan Indicating fill placement locations and depths, grading plan and water management Improvements. c) The applicant shall lubmlt e detailed revegetation plen Including a cost estimate. The cost estimate shall Include the cost of grading. revegetation and yesriy maintenance cost and a time specific schedule on completion of the revegetation work. d) The permittee shall post a surety bond or anifTevocable standby letter of credit in an amount of 110% of certified cost estimate as previously detailed Including the maintenance cost for 3 years. The amount of the security may be reduced upon the issuance of a 10 Agenda Item No. 80 October 11, 2005 Page 35 of 52 \ building permit A separate security will not be required If such costs are included in the subdivision security. 2.16 ARCHITECTURE AND SITE DESIGN All signage, fencing and landscaping shall be architecturally unified for all development on the sUbject site. All commercial buildings shall comply with Division 2.8 of the Collier County Land Development Code (Architectural and Site Design Standards and Guidelines) prior to issuance of a buDding permit. SECTION III RESIDENTIAL DISTRICT 3.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within The Sierra Meadows PUD designated on Exhibit "A", PUDMasler Plan as "Residential". 3.2 MAXIMUM DWELUNG UNITS A maximum number of three hundred (300) Dwelling Units may be constructed on lands designated "Residential" on the PUD Master Plan. For assisted living facilities, the maximum gross floor area shaH not exceed a factor of 0.45 (0.45 times the area of the property excluding conservation tracts and commercial tracts). 3.3 GENERAL DESCRIPTION A. Are.. delign.ted .. R..id8nt1a1 on the PUDMa8ter PI8n .... d..lgned to.- accommodate MuJtl..famfly and Group Houllng, along with ...ocIated 1'8CI'88t1on81 facilities, 8&88nt181 seMceS, and cu8tomary aCC8880ry uses. B. The appro~mate acreage of the Resldenti81 District 18 eighteen and seven- tenth (18.7) acre8. Aclualacreage of all development tracts will be provided at the time of Site Development Plan approval In accordance with DIvI810n 3.3 of the LOC. The Residential tract Is designed to accommodate Internal roadways, open space, parks, amenity areas, lakes and water management facilities, and other similar uses. 11 Agenda Item No. 80 October 11 , 2005 Page 36 of 52 3.4 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 part, for other than the following: A. Principal Uses: 1) Multiple-family dwellings including Garden Apartments. 2) Single-family Attached and Townhouse 3) Assisted Living Facilities (ALFs) pursuant to Section 2.6.26 of the Land Development Code. 4) Group Care Facility (category I and category II) pursuant to Section 2.6.26 of the Land Development Code. excluding Homeless Shelters. 5) Nursing home facility pursuant to Section 2.6.26 of the Land Development Code. 6) Group Care units, excapt homeless shelters, pursuant to Section 2.6.26 CCLDC. 7) Guard houses and entrance gates. 8) Management offices and recreational facilities that serve the group housing development Including but not limited to administrative offices, tennis courts, poofs, pool cabanas, clubhouses and gazebos. 9) Any other principal use, which Is comparable in natura with the foregoing, uses. B. Accenory Uses: 1) U... and structures that .... n__ry and IncldetDI to u... permIttec:t .. . right Indudlng, but not Ilmfted to, garages and carports. 2) f'arks, passive recreational areas, boardwalks, observation platforms. 3) Biking, hiking, health and nature trals. 4) Water management facilities and lakes, including lakes with 88awalls and other types of architectural bank treatment, and essential services. 5) Recreational shelters, restrooms, off-street partdng, lighting and aignage. 12 Agenda Item No. 80 October 11 , 2005 Page 37 of 52 3.5 DEVELOPMENT STANDARDS Table 1 sets forth the development standards for land uses within the Residential District. 1. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Comer County Land Development Code In effect at the time of Site Development Plan approval. Unless otherwise Indicated. required yards. heights, and floor area standards apply to principal structures. 2. Development standards for uses not specifically set forth in Table 1 shall be established during the Site Development Plan approval 8S set forth in Division 3.3 of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. 3. Site development standards for single family attached and townhouses apply to individual resldentiallot boundaries. Multi-family standards apply to platted parcel boundaries. 4. During the platting process, the developer shall identify the specific housing type intended for each platted tract. 13 Agenda .Item No. 80 October 11, 2005 Page 38 of 52 TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL TRACTS SINGLE FAMILY MULTI- PERMIITED USES AITACHED&. FAMILY AND STANDARDS TOWNHOUSE DWELLINGS Category 1 2 Minimum Lot Area 3,000 SF per DU lAC Minimum Lot Width -I 30 150 Front Yard 20 25 Front Yard for 10 15 Side Entry Garage Side Yard o or .5 BH (4) O.SOH Rear Yard Prineipal']. 20 OR Rear Yard Ac:c:euory 10 15 Maximum BuUdinl Height ',j 35 S5 Distanc:e Between .5 SBH .5 SBH Principal Struc:tares Floor Area Min. (S.F.) 1200 425 ..s . BH: BuDding Height . SBH: (Sum of Building Height): Combined height of two edjacent buDdinga for the purposes of determining setback requirements. . ~: Square feet . All dlatancea 81'8 it feet unless otherwise noted. . Front y&rda IhlIII be rnuaured .. foIIowa: A. If the parcella served by a public right-of-way. HtbIIck II meeaunICI from lI1e edJlIC8nt right- of-way line, B. If lI1e parcella ..-ved by a prtvete roec:I, Htback II ~ from the back of curb (If cLltbed) or edge of pavement (f not cwbecI). C. If the parcell. awved by II pI8lt8d prIwte drive, the HtbIIck IIlN8IUred from the beck of the neareat eatement or property line, whichever Ia more f'MtrictIve. . .1 - Minimum lot wldltl may be reduced by 20% for cul-de-uc lots provided m1n1m~ lot III"8lI requirement is atll maintained. . .2 - Rear yards for prIncIplII8nd IICt'U''My atructurea on lots end b'8cta which llbula non- jurisdictional open space or native vegetation pntHl'Vallon erea may be zero (0') feel except that when abutting II lake or water body; en ..chltecturel bank treatment shall be incorporated Inlo Itl. design. 14 Agenda Item No. 80 October 11 , 2005 Page 39 of 52 . -3 - Building height shall be the vertic81 distance measured from the first hllbltable IInllhed ftoar elevallon to the uppermolt flniahed ceRing elevation of the alr\JcUa. . "4- The zero (0') foot provision does not apply 10 any eltterlor wall of a structure, lInd Is lntendec1 10 apply to the common wall or wall along inlerior 10111n81 within a lerles of tawnhou8e or semi- detached units. . "5 - Group care facility (category 1 and category \I other than homeless) -1,500 sq.ft. plus 200 sq.ft. per live-in person. beginning with the seventh live-in person. 15 Agenda Item No. 80 October 11, 2005 Page 40 of 52 SECTION IV COMMERCIAL DISTRICT 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within The Sierra Meadows PUD designated on the Exhibit "A", PUD Master Plan as "Commercial", 4.2 GENERAL DESCRIPTION A. Areas designated as .Commercial" on the Master Plan are designed to accommodate a full range of commercial uses, hotel/motel, essential services, and customary accessory uses. 8, The approximate acreage of the 'Commercial District that includes the project's intemal right-of-way will be thirty and three-tenths (33.3) acres of which approximately three and one-tenth (3.1) acres will be for right-of-way. Net commercial land area will be thirty and two-tenth (30.2) acres. Actual areas of all development tracts and outparcels will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.2 and Division 3.3 respectively, of the Collier County Land Development Code. Commercial tracts are designed to accommodate Internal roadways, open spaces, lakes, water management facilities, and other similar uses. C. Up to two hundred and sixty thousand (260,000) square feet of retail or office development is permitted within this Commerctal area of the Planned Unit Development. 4.3 PERMITTED USES AND STRUCTURES No buDding or ItNcture or pert thereof, thell be erected, eltered or used, or land used, in whole or In part, for other than the foRowing: A. Permitted Principal Uses and Structures 1. Agricultural Services (Group 0742, 0752, except for outdoor kenneling) 2, Amusements and Recreation Services - Indoor (7911 to 7933, 7991 and 7997) 16 Agenda Item No. 80 October 11, 2005 .Page 41 of 52 3. Apparel and Accessory Stores (Groups 5611-5699) 4. Auto and Home Supply Stores (5531) 5. Automotive Services, Car Washes, Supplies and Gasoline Station, subject to Section 2.6.26 of the Land Oevelopment Code (Groups 5531 with primary emphasis on Sale of Automotive Parts and their Installation, but not unrelated Repairs; 5541 which may include a Car Wash as defined by 7542, with the exception of Bus and Truck Washing and Ancillary Repairs normally a function of a Full Service Automobile Gasoline Service Station. Car washes abutting residential land uses subject to Section 2.2.15.2.1.5 of the Land Development Code.) 6. Automotive Repair, Services and Parking (Groups 7514, 7515, 7521) 7. Building Materials, Hardware and Garden Supplies (Groups 5211, 5231, 5251 - Outside Storage is limited only to Garden Supplies). 8. Business Services (Groups 7311-7352, 7359. except airplane, Industrial truck, portable toilet and oil field equipment Renting and leasing, except armored car and dog rental, 7389 except auctioning. bronzing, field warehousing, salvaging of damaged merchandise). 9. Child Day Care Services (6351) 10. Communications (Groups 4812-4841. except principal transmission towers) 11. Depository Institutions (Groups 6011-6099) 12.DNg Stores and Proprietary StOI'8l (6912) 13. eating and Drinking Place. (Groupa 6812-5813. All eltablllhmantaengeged In the retal sale of alcoholic bevel'lg.. are lubject to the location require menta of Sec. 2.6.10) 14. Hotels and motels (Groups .7011,7021,7041). 15. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748) 16. Food Stores (Groups 5411-5499) 17.General Merchandise Stores (Groups 5311-5399) 18. Group Care FacUlties (Category I and II) Care Units and Nursing Homes, aubJect to Sec. 2.6.26 17 Agenda Item No. 8D October 11, 2005 Page 42 of 52 19.Group Housing, excluding Family Care Facilities, subject to Sec. 2.6.26 20.Health Services (Groups 8011-8049,8082) 21. Home Fumiture, Fumishing, and Equipment Stores (Groups 5712-5736) 22. Insurance Carriers, Agents and Brokers (Groups 6311-6399,6411) 23. Legal Services (8111) 24. Libraries (8231 ) 25. Management and Public Relations Services (Groups 8741-8743,8748) 26. Membership Organizations (8611-8699) 27. Miscellaneous Personal Services (7291 ) 2B.Miscellaneous Retail (Groups 5912-5963, 5992-5999) 29. Motion Picture Theaters (7832). 30. Museums and Art Galleries (8412) 31. Non-deposltory Credit Institutions (Groups 6111-6163) 32. Paint. Glass and Wallpaper Stores (5231) 33. Personal Services (Groups 7212, 7215. 7217. 7219-7299) 34. Public Administration (Groups 9111.9199, 9229, 9311, 9411-9451, 9511-9562, 9611-9661) 35. Reel Estate (Groups 6512, 6531..es.J1) 36. Retail Nurseries, Lawn and Garden Supply Stores (5261) 37. Security and Commodity Brokers. Deeler, Exchange. end Service (Groups 6211- 6289) 38.Video Tape Rental (7841) 39. Vocational.Schools (Groups 8243-8299) 40.Any other general commercial use, which Is comp8l1lble In nature with the C-4 General Commercial District in effect on the date of approval of this PUD Ordinance and the foregoing uses. 18 Agenda Item No. 8D October 11, 2005 Page 43 of 52 4.4 ACCESSORY USES AND STRUCTURES Any other general commercial use which is comparable In nature with the foregoing uses including buUdings for retaY, service and office purposes consistent with the permitted uses and purpose and Intent statement of the Mixed Use Activity Center Subdistrict which .the Planning Services Department Director determines to be compatible. 4.5 DEVELOPMENT STANDARDS A. Minimum lot area: Ten thousand (10,000) square feel B. Minimum lot width: Seventy-five (75) feet, as measured by the exterior project lines. C. Minimum yard requirements: 1. Front yard: Twenty-five (25) feet 2. Front yard CR 951 and Rattlesnake Hammock Roads: The distance equal to the height of the building, but no less than twenty-five (25) feet. 3. .Side yard: Fifteen (15) feet. 4. Rear yard: Fifteen (15) feet. . 5. Any yard abutting a residential parcel and the southern property boundary: Twenty-five (25) feet. D. Distance between principal struCtures: The distance between any two principal structures on the same parcel shan be fifteen (15) feet or a distance equal to one-half the sum of their heights, whichever is greater. E. Minimum off-street parking and off-street loading: Aa required by Olvl.~...... 2.3. of the Land Development COde. F. Minimum ftoor area of prlnciplllatNcture: Seven hundred (700) aqu.,.. feet gross floor area for each building on the ground floor, G. Maximum height: Fifty (60) feet above Mean Flood Elevation.. mealUred by the finished floor elevation to the building eave. H. General application for setbacks: Front yard setbacks shaD comply with the following: 1. If the parcells served by a public or private right-of-way, the setback Is measured from the adjacent right-of-way line. 19 Agenda Item No. 80 October 11, 2005 Page 44 of 52 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 3. If the parcells served by a platted private drive, the setback Is measured from the road easement or property line, whichever Is more restrictive. I. Architectural and site design standards: All commercial buYdings and projects shall be subject to the provisions of LDC Division 2.8 and any other applicable sections of the Land Development Code. J. Merchandise storage and display: Unless specifically permitted for use, outside storage or display of merchandise Is prohibited. K. Landscaping: As required by Division 2.4. of the Land Development Code. L. Signs: As required by Division 2.5. of the Land Development Code. SECTION V CONSERVATION RESERVE DISTRICT 5.1 PURPOSE The purpose of this section is to Identify permitted uses and development standards for areas within The Sierra Meadows PUD designated on Exhibit "A-, PUD Master Plan as Conservation Reserve Tract. 5.2 GENERAL DESCRIPTION The 38.8-aci'8tract designated a. COnierVitlan R8MiVe on the PUC)Maat8r Plan' ,.- I. dulgned to accommoda" a tuI rang. of con..rvrion and timltad water management uses, functions and benns. The primary purpose of the Reserve District Is to conserve native on-slte weUands and uplands habitat, to aBow for the restoration and enhancement of Impacted or degraded wetlands, to provide a native open space site amenity for the enjoyment of The Sierra Meadows PUD residents, and to provide 8 native vegetative buffer for future adjoining residential uses to the west. The Conservation RH8fVe Tract consists of 35.9 aerea of wetlands and uplands preserve, and 2.9 acres of a perimeter berm easement. The final size and configuration of the commercial, residential and conservation reserve tracts will be determined during flnll Site Development Plan approval pr0Cea8. However, the final size shall not deviate more than five percent of the total acreage designated as such, up to five acres In ares. 20 Agenda Item No. 8D October 11, 2005 Page 45 of 52 5.3 PERMmED USES AND STRUCTURES No building or structure, or part thereof, .hall be erected, altered or used, or land or water used, in whole or in part, for other than the following: Permitted Principal Uses and Structures: A. Passive recreational areas, boardwalks, and recreational shelters. B. Nature trails, excluding asphalt paved surfaces. C. Water management facilities, berms, structures and lake bulkheads or other structural treatments. D. Mitigation areas. E. Any other conservation and related open space actMty or use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the Reserve District. 5.4 DEVELOPMENT STANDARDS A.. All structures shall set back a minimum of fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of reserve District boundaries and roads. except for pathways, boardwalks and water management structures, which shall have no required setback. 5.5 RESERVE DISTRICT CONSERVATION EASEMENT A non-excluatve con88Mdlon easement or tract Is requIr8d by the Collier County . Land Development Code,.SectIon 3,2.8.4.7.3 fOr pmlirvatlon lands Included In the Con.ervation R...-ve 0Iatrtct. In addition to Collier County, 8 conservation easement may also be required by other regulatory agenclea with Jurladictlon over Reserve District lands. In addition to complying with provisions of the CoBler County Land Development Code, said easement shall be provided In accordance WIth the terms Bet forth In the applicable permit granted by said agencies. The developer or owners of The Sierra Meadows PUD shaD be responsible for control and maintenance of lands within the R888rve District. 21 Agenda Item No. 80 October 11, 2005 Page 46 of 52 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this section is to set forth the standarc:ls for development of the project. 6.2 GENERAL All facilities shall be constructed In accordance with the final site development plans. the Final subdivision plats, and all applicable state and local laws, codes and regulations applicable to this PUD. Except when specifically noted or otherwise set forth in this document, the standards and specifications of Division 3.2 of the Land Development Code shall apply to this project even if the land within the PUD Is not to be platted. All state and federal Permits shall be effective according to the stipulations and conditions of the permitting Agencies. Final master plans, final site. development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. The developer and/or his successor shall agree to follow the Master Plan and the PUD regulations as adopted, along with any other conditions or modifications as may be agreed to in the rezoning of this property. In addition, the developer and the successors are bound by the commitments within this agreement 6.3 PUD MASTER PLAN A. Exhibit itA", PUD Master Plan Illustrates proposed development and Is conceptual In nature, Proposed area, lot or land use boundaries or special land use boundaries shaM not be construed to be fin81 and may be varied at any 8ubeequent approval ph8ae auch.8 Final PIdIng or81te DeveloPment -.-.. .. Plan approval. Subject to the provisions of SectIon 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications or other Instrument8 shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. C. This PUD shall be subject to the Sunset Provisions of Section 2.1.3.4 ofUle Land Development Code, Including development monitoring report provisions. 22 Agenda Item No. 80 October 11, 2005 Page 47 of 52 6.4 WATER MANAGEMENT A. Excavation permits wlll be required for the proposed lakes In accordance with Division 3.5 of the Collier County Land Development Code, as amended. Excavated material from the property Is intended to be used within the project sIte. B. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans Is granted by Engineering Review Services. C. 11'1 accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. D. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of Division 3.2 of the Collier County Land Development Code. E. Prior to construction plans approval, the petitioner shan demonstrate legal and physical evidence of a pOSitive outfall for the water management system. F. . The County reserves a 30 foot wide drainage easement along the western property line for the future widening of Rattlesnake Hammock Road, to which the developer does not object. Permit modifications or conditions, or amendments or new pennlts required to accommodate the County's drainage easement, Including any mitigation. shall be the sole responsibility of the County. 6.5 TRANSPORTATION A. The developer ahell provide . fair shena contrtbutlon toward the capltlll colt of a traffic signal at the Interuction of OR 951 and the project entrance If and when the County warrants the project. The algnal wUI be owned, operated and maintained by Collier County. B. The developer shall provide arterial level street Hghtlng at all project entrances prior to the issuance of a Certtficate of Occupancy. C. Evidence of an FOOT Connection Pennlt or Notice of Intent to '..ue a Connection Permit shall be provided prior to thal.auance of any development permit for the project. 23 I_~UU I Agenda Item No. 80 October 11 , 2005 Page 48 of 52 D. The developer shall provide sldewalkslblkepaths along .n PUD development tract arterial roadway frontages at the time of final site development permitting and construction for each phase and parcel of the PUD. E. At each development access driveway, an additional 12 feet Is needed for right turn lane facilities. Compensating right-of-way for tum lanes and median areas shall be dedicated by the applicant to reimburse the County for the use of existing right-of-way prior to the issuance of the first "permanent- Certificate of Occupancy. Such dedication shall be considered site related, and there shall be no road impact fee credits to the epplicant. F. The applicant shall provide to the County In fee simple ownership, a strip of land 25 feet in width along the entire length of the Rattlesnake Hanvnock Road right-of-way for future four-laning of Rattlesnake Hammock Road. In exchange for providing this additional right-of-way, the applicant shall be eligible for road impact fee credits in accordance with the provisions of Ordinance 92-22. as amended. The future right-of..way shall be made available to the County either upon presentation ofthe plat for recording, or within 120 days notice to the applicant by the County of the County's need for the land, whichever occurs .earller. Road impact fee credits shall be subject to a Developer Contribution Agreement approved by the Board of County Commissioners, and shall be available to the developer upon change in title ownership of the subject contribution. 6.6 UTILITIES A. Water distribution. sewage collection and transmission facilities to serVe the project are to be designed, constructed. conveyed. owned and maintained in accordance with Collier County Ordinance 88-76, as amended, and other applicable County rules and regulations. 8.7 ENGINEERING A. Except .. otherwlae provided within thl. PUD document. thl. project ehl. be required to meet all COIJnty Ordinances In effect 8t the time final oonltnJctIon documents are submitted for development approval. 8.8 ENVIRONMENTAL A. Environmental permitting shall be In accordance with the State of Florida Environmental Resource Pennlt Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for Impacts to Collier County Jurisdictional wetlands. 24 Agenda Item No. 80 October 11, 2005 Page 49 of 52 B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and If the property is platted shall be recorded on the plat with protective convenanta per or simllar to Section 704.06 of the Florida Statutes. Buffers shall be provided In accordance with Subsection 3.2.8.4.7.3 ofthe Land Development Code. C. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland praserves 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 approved by Current Planning Environmental Staff. D. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. E. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. This plan shall include methods and time schedule for remOval of exotic vegetation within the conservation/preservation area. F. The project shall eomply With the environmental sections of the Land Development Code and the Growth Management Plsn In effect st the time of final development order approval. G. The 35.9-acre Conservation ReserVe Tr8Ct will .erve to meet all Lend Development Code native apan .pace requlramenta for tha Ra.lclantillland Cormnerclal Tracts. A copy of the South Florida Water Management Dlatrict Conservation Eaaement wi" be copied to Current Planning Environmental Staff at the time of the first Site Development Plan approval. 25 Agenda Item No. 80 October 11 , 2005 Page 50 of 52 EXHIBIT B THE SIERRA MEADOWS PUD MASTER PLAN 26 Ii l,ilHi 111111 Ii nil! I II!III iI" , 110 i I !III,~' I I ~I.I . 1111-' . i i 't'll Itll! IiI · .1 - · e i-I ~ IIII I !-II Ii 1III1 1 = I · I E h · ~ Iii I' .' I .- I I I I I {I ~ ~ ~, ~-~= ~-- -,.. -~-_.._..-...-- SIERRA MEADOWS P.U.D. MASTER PLAN -.. -.- --- Agenda Item No. 8D October 11, 2005 ~age 51 of 52 Agenda Item No. 80 October 11. 2005 Page 52 of 52 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-91 Which was adopted by the Board of County Comm18sio~;s ;:- t:' Session. !::~~: the 14th day of December, 1999, during Regular on ~ ...... ..a ~ -,., C"""l ~:::: N .- WITNESS my hand and the official seal of the Boa~d ~~ ~ in county commissioners of Collier County, Florida, this.15~~~a~o~ ~-\ '. -~ t..) ~r"1 N . December, 1.999. ,.... " .;i,' ''''''U'''''' .!.r:\,:;:, .1""':";:. (~"~.'.\ ... "" ~. " tt.,,; '.1'''. . .~.~I""'.ft<\""",'1J '. ". DWIGHT B. BROCK cf,....J;.....~~~~.).,::.:.....;,...... kj, .... ~I . . ....."""'~~.. "'1.''''~. . " . #"'. Clerk of Courts an 1'1':Ji~' ,." .,;...:.',;.. :....~. ax-officio to Boa;~lq.r:'$t~ . -;. fF\ ~:\ ~" County Commi..ione:n.;:::~ ~/!I' '~/1 i'~: I.. : '.:' ~ '~....~:i\. ~:"'i.fl'~'l'''':'.: ;..: r?J - ':~.~ t:..' 'i ,,~_..,:..~~:,c::,..! ~~~ +,l~~~~~~. ':,!:~'it."~(' "':~"~4I""<<~~ >.....'......I.."f~.' By: Bllie Koffman, .ltl<:....:;I~.,,~....~.~.t.~ Deputy Clerk . ''\:';!,f.t~";~:.:; ...1< ~::.;'!"l. ;.,,, Agenda Item No. 8E October 11, 2005 Page 1 of 33 ...- EXECUTIVE SUMMARY To obtain Board of County Commissioners Approval to repeal Ordinance 90-30, as Amended, The Mandatory Solid Waste Special Assessment Collection and Disposal Ordinance and replace with Ordinance No. 05-_. OBJECTIVE: To repeal and replace the Ordinance regulating the Mandatory Trash Collection services within the unincorporated County. CONSIDERATION: Ordinance 90-30, as Amended, The Mandatory Solid Waste Special Assessment Collection and Disposal Ordinance, originated on April 30, 1990. This Ordinance was created to reduce littering in the unincorporated area of Collier County. Further, it provided the framework to levy an annual assessment against residential units within the defined benefit units (i.e., Service Districts) and regulated commercial rates for commercial service for the collection and disposal of solid waste reflecting the benefits of such services. -, On February 8, 2005 (Agenda item lOA), the Board of County Commissioners approved new franchisee agreements with Waste Management Inc. of Florida (WMIF) and Immokalee Disposal Company, Inc. (IDe) for trash collections services in the unincorporated area of Collier County and the City of Marco Island. WMIF will provide collection services for Service District I and IDC will provide collection services for Service District II. The new franchisee agreements will provide significant benefits to the County in the following areas: . Better control of future prices; . Better educational programs; . Better performance standards; . Better insurance protection; . Better enforcement; . Better transitions in service; . Better control by the County; . Better dispute resolution process; . Better termination provisions; . Better commercial rates; and . Better process for handling citizen . Better provisions for future changes complaints; in the County's services. . Better record keeping and reporting; In consideration of the new franchisee agreements, advances in technology, and the changing needs and desires of Collier County residents a new ordinance depicting these changes is warranted. Staff has prepared a new ordinance to replace Ordinance 90-30. This proposed ordinance has been drafted to include the following improvements: -. · Updated definitions to comport with the new franchise agreements (Section One); · Updated service district descriptions (Section Two); · Ability to issue a special assessment for all residential real property (Section Two); Agenda Item No. 8E October 11, 2005 Page 2 of 33 · Added provision for ownership of solid waste and program recyc1ables (Section Eighteen); · Updated the responsibilities of the contractor and customer for solid waste collection (Section Nineteen); · Updated provisions for termination of service by contractor (Section Twenty); · Updated exemption permits for commercial and residential property (Section Twenty One); · Updated procedure for obtaining and revoking exemption permits (Section Twenty One); and · Updated the severability provision_(Section Twenty Three). FISCAL IMPACT: There is no fiscal impact associated with this item. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. LEGAL CONSIDERATION: The proposed Ordinance has been reviewed and approved for legal sufficiency. RECOMMENDATION: That the Board repeal Ordinance 90-30, as Amended, and replace with Ordinance No. 05-_. PREPARED BY: Teresa A. Riesen, Revenue Manager, Utility Billing and Customer Service Department. Agenda Item No. BE October 11, 2005 Page 3 01 3:~ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: BE Meeting Date: This item was continued from the September 27, 200S Bee Maetlf1g. To obta,n Board of County Commissiol)ers Approval to fepe<.ll Ordmance 90-30, as Amended, the Solid Waste Collecliotl and DI!:posal Ordinance and rtmlace with Ordinanc& Nc._ OS"___ 10/11/20059:00:00 AM Item Summary: Approved By Teresa Riesen Revenue Manager Date Public Utillthls UBCS 9130/20052:16 PM Approv~d By John A. Vonkosky Utility B1lI1n'il DlrKtor Datl! Public UtiUtI&$ UBCS 9130120052:46 PM AppnlVtd By 81'111'1 Sridhar Senior Management/Budget Annlysf Oat. Public Utilities PUblic Utilities Operatior,. 9'30120052;54 PM Apl~rO\!ed By Daniel R. Rodriguez, M.B.A Interim Solid Wute Director D... Public Utilities SoUd Wll$te 9130/20053:13 PM Appnlved By James W. Delony PubliC UHlirin Admlnhittlltor DllIte Public Utilities Public Utilities Adrninlstrotion 10/3/20056:06 PM Approved B)" OMB Coordinator Adminlstrallve As.iltant OQte County Manllger's Omce Office of Management & Budget 101ol/2005 8:16 AM Approved By Randy Ofll'enwald ManagemenUBudg(lt Analyst D." County Mllnager's Office Office of Management & Budgot 1 014l200~ 8 :43 AM AppnlVcd 8" Michal'llSnlyll.oWlloki M;lnagernenl & Budget D'rp.~tQt D.te County Mlln8'i1e,'s Office- Officoe- of Management & Budget 10/4120059:02 AM Aplmwed 8y Leo LOchs, Jr, Dflputy Ccunty MlInager Dal'" Board cfCounty Comnll,sion(lrs County Manager's 01'l'lce 1015/20053:07 PM Aoenda Item No. 8E ~ October 11 . 2005 Page 4 of 33 Ordinance No. 2005- AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, RE- ESTABLISHING TWO (2) MUNICIPAL SERVICE BENEFIT UNITS IN THE UNINCORPORATED AREA OF COLLIER COUNTY FOR THE PURPOSE OF PROVIDING AND REGULATING SOLID WASTE COLLECTION, DISPOSAL AND ADMINISTRATION WITHIN THE BENEFIT UNITS; PROVIDING DEFINITIONS; PROVIDING FOR CREATION, PURPOSE, AND DECLARATION OF BENEFIT; PROVIDING FOR A GOVERNING BODY; PROVIDING POWERS; PROVIDING FOR BUDGET ADOPTION; ESTABLISHING A TRUST FUND; PROVIDING FOR PRIMA FACIE EVIDENCE OF ACCUMULATION OF SOLID WASTE; PROVIDING FOR AN ANNUAL SOLID WASTE COLLECTION, DISPOSAL AND ADMINISTRATION SPECIAL ASSESSMENT; PROVIDING FOR ANNUAL RATE RESOLUTION; PROVIDING FOR CERTIFICATION OF RATE RESOLUTION; PROVIDING FOR A SOLID WASTE. COLLECTION, DISPOSAL AND ADMINISTRATION SERVICE CHARGE PRIOR TO INITIATION OF ANNUAL SPECIAL ASSESSMENT; PROVIDING FOR SCOPE OF SPECIAL ASSESSMENT, DELINQUENCY, AND LIENS; PROVIDING FOR PAYMENTS; PROVIDING FOR CORRECTION OF ERRORS AND OMISSIONS; PROVIDING FOR FAILURE TO INCLUDE RESIDENTIAL REAL PROPERTY ON ANNUAL SOLID WASTE COLLECTION, DISPOSAL AND ADMINISTRATION SPECIAL ASSESSMENT ROLL; PROVIDING FOR ENFORCEMENT OF DELINQUENT ANNUAL GARBAGE AND SOLID WASTE COLLECTION, DISPOSAL AND ADMINISTRATION SPECIAL ASSESSMENTS; PROVIDING FOR MANDATORY SOLID WASTE COLLECTION; PROVIDING FOR OWNERSHIP OF SOLID WASTE AND PROGRAM RECYCLABLES; PROVIDING FOR RESPONSIBILITIES OF CONTRACTOR AND CUSTOMER FOR SOLID WASTE COLLECTION; PROVIDING FOR TERMINATION OF SERVICE BY CONTRACTOR; PROVIDING FOR EXEMPTION PERMITS FOR COMMERCIAL AND RESIDENTIAL PROPERTY; ESTABLISHING PROCEDURE FOR OBTAINING AND REVOKING EXEMPTION PERMITS; PROVIDING FOR FINANCIAL HARDSHIP DEFERMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTIES; PROVIDING FOR REPEAL OF CONFLICTING ORDI"lANCES, INCLUDING ORDINANCE 90-30; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR FILING WITH DEPARTMENT OF STATE AND AN EFFECTIVE DATE. WHEREAS, Article VIII, Section I of the Florida Constitution and Sections 125.01 and 125.66, Florida Statutes, grant to the Board of County Commissioners of Collier County, Florida, ("Board") all powers of local self-government to perform County functions and to render services for County purposes in a manner not inconsistent with general or special law, and such powers may be exercised by the enactment of County ordinances; and Agenda Item No. BE October 11 . 2005 Page 5 of 33 WHEREAS, the Board finds that there is an inordinate amount of littering of the public right-of-way of Collier County with solid waste generated within the County, resulting in the necessity for more stringent regulation of solid waste collection and disposal practices within the County; and WHEREAS, Sections 125.01(1) and 403.706, Florida Statutes, grant the Board the authority to regulate solid waste collection and disposal services within the County; and WHEREAS, Chapter 403, Florida Statutes, grants the Board the authority to implement a comprehensive recycling program in the County; and WHEREAS, the Board wishes to exercise its authority under Section 125.01(1), Florida Statutes, to create two (2) municipal service benefit units for the collection, disposal, and administration of solid waste generated in the unincorporated areas of the County and to finance such operations with funds derived from special assessments, service charges, and fees within such units, and WHEREAS, in Harris v. Wilson, 693 So. 2d 945 (Fla. 1997), the Florida Supreme Court upheld a local government's use of a special assessment on residential property to finance a solid waste disposal facility; and WHEREAS, the Board has determined that it is necessary for the protection of the public health, safety and welfare of the residents of Collier County to provide for the financing of solid waste collection, disposal and administration services to residential and commercial propertie.s within the unincorporated area of Collier County, and to provide such services by using private contractors in designated areas where the residential real property and commercial real property are located; and WHEREAS, it is necessary and desirable to provide for the levy of special assessments against residential real property within the benefit units, and to establish regulated commercial rates for commercial service, for the collection, disposal and administration of solid waste, based on the benefits provided by such services. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 2 Agenda Item No. 8E October 11. 2005 Page 6 of 33 SECTION ONE: DEFINITIONS. A. For the purposes of this Ordinance, the definitions contained in this Section shall apply unless otherwise specifically stated. When not inconsistent to the context, words used in the present tense include the future, words in the plural number include the singular, and words in the singular number include the plural. The word "shall" is always mandatory and not merely discretionary. 1. Assessment Roll: The list that identifies all of the taxable real property in Collier County, as described in Section 8 of this Ordinance. 2. Benefit Unit: Each of the two (2) municipal servIce benefit units established hereunder. 3. Biomedical Waste: Any solid or liquid waste which may present a threat of infection to humans, including non-liquid tissue, body parts, blood, blood products, and body fluids from humans and other primates; laboratory and veterinary wastes which contain human disease-causing agents; and discarded sharps. The following are also included: (a) used absorbent materials saturated with blood, blood products, body fluids, or excretions or secretions contaminated with visible blood; (b) absorbent materials saturated with blood or blood products that have dried; and (c) non-absorbent, disposable devices that have been contaminated with blood, or body fluids or secretions or excretions visibly contaminated with blood, if the devices have not been treated by an approved method. 4. Biological Waste: Those wastes that cause or have the capability of causing disease or infection including, but not limited to, Biomedical Waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. This term does not include human remains that are disposed of by Persons licensed under Chapter 470, Florida Statutes. 5. Board: The Board of County Commissioners of Collier County, Florida, or the Board's designee. 3 Agenda Item No. BE October 11 . 2005 Page 7 of 33 6. Bulk Waste: Any large discarded household item that cannot be placed in a Curbside Container because of its size, volume, shape or weight. Bulk Waste includes, but is not limited to, sofas, tables, sinks, toilets, other fixtures, furniture, ladders, and carpet. Bulk Waste does not include White Goods, Electronic Equipment, or Extraordinary Waste. 7. Certificate of Occupancy: A document issued by the County certifying that a newly constructed building has been constructed in compliance with County specifications and is suitable for use. 8. Clerk: The Clerk ofthe Circuit Court of Collier County, Florida, acting as the Clerk of the Board, or the Clerk's designee. 9. Commercial Container: A dumpster, roll-off container, compactor, or other container, except a Roll Cart, that is approved by the Manager for the collection of Solid Waste or Recyclable Materials from commercial Customers. 10. Commercial Real Property: Real property that is located in a Benefit Unit and not classified as Residential Real Property. Commercial Real Property includes property used primarily for: (a) commercial purposes, such as hotels, motels, stores, restaurants, theaters, service stations, and recreational vehicle parks; (b) institutional purposes, such as governmental offices, churches, hospitals, and schools; and (c) not-for-profit organizations. Commercial Real Property shall not include commercially zoned property that is used primarily for residential purposes. Vacant land, not classified as Improved Real Property, shall be deemed Commercial Real Property. 11. Construction and Demolition (C&D) Debris: Discarded materials generally considered to be not water soluble and non-hazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, resulting from the construction, destruction, or renovation of a structure, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project. 12. Contractor: The Person(s) authorized by the County to collect and transport Solid Waste in a Service District pursuant to a Service Agreement. 13. Curbside: A location within three (3) feet of the curb, pavement, or edge of the nearest street. If this location is in a drainage ditch, Curbside shall mean a location adjacent to the Customer's driveway, as close as possible to the nearest roadway. 4 Agenda Item No. 8E October 11 . 2005 Page 8 of 33 14. Curbside Container: (a) a metal or plastic container with a tight fitting lid, with two handles on the sides, with or without wheels, used for the collection of Garbage and Rubbish; (b) a Roll Cart; and (c) a plastic bag sufficient in strength for handling by the Contractor, provided the bag is closed and unbroken at the time of collection. 15. Customer: Any Person that uses a Contractor's services for the collection of Solid Waste, as provided by this Ordinance. 16. Department: The Collier County Solid Waste Management Department or the County department to which the Manager assigns the responsibility of administering this Ordinance. 17. Dwelling Unit: A room or rooms constituting a separate, independent establishment with cooking facilitieslkitchen, a separate entrance, and bathroom facilities, and physically separated from any other rooms or Dwelling Units which may be in the same structure or in separate structures. A hotel or motel room is not a Dwelling Unit. 18. Electronic Equipment: Electronic devices that have been discarded, including, but not limited to, computers, monitors, televisions, cathode ray tubes, printers, scanners, fax machines, and telephones. 19. Exemption Permit: The County's authorization for a Person, other than a Contractor, to collect, transport and dispose of Solid Waste, as provided in Section 21 of this Ordinance. 20. Extraordinary Wastes: Wastes that reqUIre extraordinary management, including, but not limited to: abandoned automobiles; boats; tree trunks greater than four (4) feet in length, four (4) inches in diameter and fifty (50) pounds in weight; dead animals; agricultural and industrial wastes; Biomedical Waste; Biological Waste; Radioactive Waste; and Hazardous Waste. 21. Garbage: All kitchen and table food waste, and animal or vegetative waste that is attendant with or results from the storage, preparation, cooking, or handling of food materials. 22. Hazardous Waste: Solid Waste, or a combination of Solid Wastes, which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise 5 Agenda Item No. 8E October 11 , 2005 Page 9 of 33 managed. Hazardous Waste includes any material or substance identified as a Hazardous Waste or hazardous substance in the Florida Administrative Code, Florida Statutes, or other applicable law. 23. Holidav: Independence Day, Thanksgiving Day, Christmas Day, and any other day so designated by the Board of County Commissioners. 24. Improved Real Propertv: Any cleared, graded or drained real property upon which a building or structure is erected and occupied or capable of being occupied (i.e., a County Certificate of Occupancy has been issued) for residential, commercial, institutional or industrial use. Improved Real Property includes but is not limited to recreational vehicle parking lots contained within parks designated as mobile home parks by the County Health Department. 25. Land Clearing Debris: The uprooted trees, bushes, vegetation, and other abandoned materials resulting from a land clearing operation. 26. Manager: The County Manager of Collier County, Florida, or the Manager's designee. 27. Multi-Familv Residence: A group of three or more Dwelling Units within a single building, attached side-by-side or one above another, wherein each Dwelling Unit is individually owned or leased on land which is under common or single ownership. 28. Non-Collection Notice: A durable tag or sticker used to notify a Customer that the Customer's container or waste material has not been set out in compliance with the requirements of this Ordinance. 29. Non-Conforming Material: Any material that is set out for collection in a recycling container, but is not Recyclable Material. 30. Non-Program Recvclables: Recyclable Materials that are not Program Recyclables, but are segregated from other materials in the waste stream. 31. Person: Any and all persons, natural or artificial, including any individual, firm, partnership, joint venture, or other association, however organized; any municipal or private corporation organized or existing under the laws of the State of Florida or any other state; any county or municipality; and any governmental agency of any state or the federal government. 32. Program Recvclables: Recyclable Materials that have been designated by the Board for collection from residential and/or commercial Customers, and are segregated from other materials in the waste stream. 6 33. Radioactive Waste: Agenda Item No. 8E October 11 . 2005 Page 10 of 33 Any equipment or materials that are radioactive or have radioactive contamination, and are required by law to be stored, treated, or disposed of as radioactive waste. 34. Rate Resolution: A resolution adopted by the Board under the provisions of Section 9 of this Ordinance and Collier County Ordinance No. 84-31, establishing: (a) the annual Special Assessments to be imposed upon the owners of Residential Real Property in the Benefit Units for the forthcoming fiscal year (October 1 through September 30 of the following year); (b) the rates, fees and charges for the collection of Solid Waste by the Contractor(s) from Commercial Real Property; and (c) the rates, fees and charges for the disposal of Solid Waste at the County-authorized Solid Waste management facilities. 35. Recovered Materials: Metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the waste stream for sale, use, or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered Materials as described above are not Solid Waste. Recovered Material does not include any material or substance that does not fit within one of the six categories described in this definition (metal, paper, glass, plastic, textile, or rubber). 36. Recvclable Materials: Materials which are capable of being recycled and which would otherwise be processed or disposed of as Solid Was~e. This term encompasses Program Recyclables and Non-Program Recyclables. 37. Recvcling Bin: An eighteen (18) gallon green bin or similar container that is approved by the Manager and used for the collection of Program Recyclables. 38. Recvcling Cart: A heavy-duty plastic container that is mounted on two wheels, complies with the specifications established by the Manager, and is used for the collection of Recyclable Materials. 39. Residential Real Property: Improved Real Property that is located in a Benefit Unit and used for residential purposes, including, but not limited to: Dwelling Units; single family residences; duplex apartments; apartment buildings; recreational vehicle lots; mobile homes lots; condominium units; cooperatives established pursuant to Chapter 719, Florida Statutes; time-share apartments; leased residential premises of the classes described above, whether occupied or not; and premises occupied as a residence located in or upon 7 Agenda Item No. BE October 11 , 2005 Page 11 of 33 commercially zoned real property; provided, however, that where property is used exclusively as a recreational vehicle park, as defined in Section 513.01(10), Florida Statutes, such property shall be deemed Commercial Real Property. 40. Roll Cart: A heavy-duty plastic container that is mounted on two wheels, complies with the specifications established by the Manager, and is used for the collection of Garbage and Rubbish. 41. Rubbish: Waste materials, other than Garbage, resulting from normal housekeeping activities on Residential Real Property and Commercial Real Property. Rubbish includes but is not limited to discarded trash, paper, plastic, bortles, cans and similar materials. 42. Service Agreement: An agreement between the County and a Contractor providing an exclusive franchise for the collection of Solid Waste in a Service District. 43. Service District: The area served by a Contractor pursuant to a Service Agreement. 44. Service Year: Twelve (12) consecutive months, beginning on October I and ending on September 30 of the following year. 45. Sludge: The accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. 46. Solid Waste: Sludge unregulated under the federal Clean Water Act or Clean Air Act, Sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or Garbage, Rubbish, refuse, Special Waste, or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural or governmental operations. Solid Waste includes but is not limited to Biological Waste, Biomedical Waste, Bulk Waste, C&D Debris, Electronic Equipment, Garbage, Hazardous Waste, Land Clearing Debris, Radioactive Waste, Recyclable Materials (until they are recycled), Rubbish, Special Waste, Tires, White Goods and Yard Trash. 47. Special Assessment: The non-ad valorem assessment that is levied upon certain real property in unincorporated Collier County and used to provide funding for the County's Solid Waste management program. 8 48. Special Assessment Roll: Agenda Item No. 8E October 11 . 2005 Page 12 of 33 The list that is prepared pursuant to Section 10 of this Ordinance and identifies the properties in the Benefit Units that are subject to the Special Assessments. 49. Special Waste: Solid Waste that can require special handling and management, including, but not limited to, White Goods, Tires, used oil, lead-acid batteries, C&D Debris, ash residue, Yard Trash, Biological Waste, Hazardous Waste, and Biomedical Waste. 50. Tires: Discarded automotive tires, including rims, but excluding tires that exceed 25 inches in diameter. 51. Trust Fund: The Solid Waste Special Assessment Trust Fund established by Section 6 of this Ordinance. 52. White Goods: Large discarded appliances, including but not limited to, refrigerators, ranges, washing machines, clothes dryers, water heaters, freezers, microwave ovens, and air conditioners. 53. Yard Trash: Vegetative matter resulting from landscaping maintenance, including, but not limited to shrub and tree trimmings, grass clippings, palm fronds, branches and stumps. However, such items shall not be considered Yard Trash if they are collected by a commercial landscape company or other Person that provides lawn and garden maintenance services for remuneration. B. Pursuant to Section 403.7031, Florida Statutes, the definitions in this Section 1 are intended to be consistent with the definitions contained in Section 403.703, Florida Statutes. . SECTION TWO: CREATION, PURPOSE, AND DECLARATION OF BENEFIT. By Ordinance No. 90-30, the County established two (2) municipal service benefit units pursuant to the authority granted in Chapter 125, Florida Statutes. The Benefit Units are hereby re-established. The Benefit Units shall be known as Service District No. I, and Service District No. 11, respectively. Each Benefit Unit shall consist of a specific portion of the unincorporated area of Collier County. The two Benefit Units are described more particularly as follows: MUNICIPAL SERVICE BENEFIT UNIT, SERVICE DISTRICT NO. I Beginning at the intersection of the North line of Section 6, Township 48 South, Range 25 East also known as the Lee-Collier county line and the eastern shoreline of the Gulf of Mexico; thence easterly along said Lee-Collier county line to the northeast comer of Section 12, Township 48 South, Range 26 East; thence north along the east line of Range 26 East, Township 48 South to the northwest comer of Section 6, Township 48 South, Range 27 East, thence east along the north line of Sections 6, 5, 4, 3, 2 and 1 of Township 47 South, Range 27 East to the 9 Agenda Item No. 8E October 11. 2005 Page 1 3 af 33 northwest comer of Section 1, Township 48 South, Range 27 East; thence north along the range line of Ranges 27 and 28 East to the northwest comer of Section 30, Township 47 South, Range 28 East, also known as the center line of Irnmokalee Road (CR 846); thence east along the north section lines of Sections 30, 29, 28, 27, 26 and 25 of Township 47 South, Range 28 East to the northeast comer of Section 25, Township 47 South, Range 28 East; thence south along the range line for Ranges 28 and 29 East to the northeast comer of Township 49 South and Range 28 East; thence east along the township line for Townships 48 and 49 South to the northeast comer of Township 49 South and Range 30 East; thence south along the range line for Ranges 30 and 31 East to the northeast comer of Township 52 South and Range 30 East; thence east along the township line for Townships 51 and 52 South to the northeast comer of Township 52 South and Range 31 East; thence south along the range line for Ranges 31 and 32 East to the northeast cbmer of Township 53 South and Range 31 East; thence east along the township line of Townships 52 and 53 South to the northeast comer of Township 53 South and Range 34 East, also being known as the Collier-Miami- Dade county line; thence south along said county line to the southeast comer of Section 36, Township 53 South, Range 34 East, also being known as the Collier- Monroe county line; thence west along said county line to the eastern shoreline of the Gulf of Mexico; thence westerly and northerly along the waters of the Gulf of Mexico to the Lee-Collier county line being the north line of Section 6, Township 48 South, Range 25 East and being the Point of Beginning. Less and except all the lands located within the corporate limits of the City of Naples and Everglades City. Also, less and except all coastal barrier islands, as defined by Section 161.54(2), Florida Statutes, that are not accessible by bridges or causeways. MUNICIPAL SERVICE BENEFIT UNIT, SERVICE DISTRICT NO. II Beginning at the northwest comer of Township 47 South, Range 27 East, Collier County, Florida; thence east along the Collier-Lee county line also the township line to the northeast comer of Township 47 South, Range 27 East; thence north along the Collier-Lee county line also the range line to the northwest comer of Township 46 South, Range 28 East; thence east along the Collier-Hendry county line also the township line for Townships 45 and 46 South to the northeast comer of Township 46 South, Range 30 East; thence south along the Collier-Hendry county line also the range line of Ranges 30 and 31 East to the southeast comer of Township 48 South, Range 30 East; thence west along the township line for Townships 48 and 49 South to the southwest comer of Township 48 South, Range 29 East; thence north along range line for Ranges 28 and 29 East to the southwest comer of Section 19, Township 47 South, Range 29 East; also being known as the center line of lmmokalee Road (CR 846); thence west along the south line of Sections 24, 23, 22, 21, 20 and 19 of Township 47 South, Range 28 East to the southeast comer of Section 24, Township 47 South, Range 27 East; thence south along the range line for Ranges 27 and 28 East to the southeast comer of Township 47 South, Range 27 East; thence west along the township line for Townships 47 and 48 South to the southwest comer of Township 47 South and Range 27 East; thence north along the range lines for Ranges 26 and 27 East to the northwest comer of Township 47 South, Range 27 East, being the Point of Beginning. These two Benefit Units were created by Ordinance 90-30 and are hereby re-established, subject to the revised legal descriptions provided above, for the purpose of (a) protecting the health, safety and welfare of the residents of the County and (b) providing for the collection, disposal and administration of Solid Waste through the levy of the Special Assessments against Residential Real Property. 10 The Board finds that Commercial Real Property has varymg needs Aaenda Item No 8E ~ October 11. 2005 Page 14 of 33 for Solid Waste collection, disposal and administration services and, therefore, Commercial Real Property shall not be made the subject of the Special Assessments. However, in order to provide for the public health, safety and welfare within the Benefit Units, it is necessary to provide adequate Solid Waste collection, disposal and administration services to Commercial Real Property through the use of one or more Contractors. Accordingly, the Board shall provide for such Solid Waste services and shall annually regulate the rates, fees and charges assessed by the Contractor(s) for the services provided to Commercial Real Property. The Board hereby declares and determines that: (a) the Solid Waste collection, disposal and administration services provided pursuant to this Ordinance shall and do constitute a benefit to all properties within the Benefit Units equal to or in excess of the cost of providing such Solid Waste services; (b) the Residential Real Property in the Service Districts receives a special benefit from the Solid Waste services that are provided to the Residential Real Property as a result of the Special Assessments; and (c) the Special Assessments are fairly and reasonably apportioned among the parcels of Residential Real Property that receive the special benefit. SECTION THREE: GOVERNING BODY. The Board shall be the governing body of the Benefit Units created by this Ordinance. SECTION FOUR: POWERS. The Board shall have all of the powers granted by general or special law for providing Solid Waste collection, disposal and administration services, including, without limiting the generality of the foregoing, the following: A. To sue and be sued and plead and be impleaded, complain and defend in all courts in its own name. B. To acquire for the purposes of the Benefit Unites), by grant, purchase, gift, devise, exchange or in any other lawful manner, all property, real or personal, or any estate or interest therein, upon such terms and conditions as the Board shall determine, and to own all such property in its own name. C. To make contractual arrangements with any public, private or municipal firm, Person or corporation, for the furnishing of Solid Waste collection, disposal and administration services within the Benefit Units or for any matter proper for the effectuation of the purposes of the Benefit Units. 11 Agenda Item No. BE October 11 . 2005 Page 1 5 of 33 D. To make and adopt resolutions, rules and regulations governing the collection, disposal and administration of Solid Waste and Recyclable Materials within the Benefit Units for the purpose of providing the most economical means of Solid Waste collection, disposal and administration, and for the purpose of protecting the health, welfare and safety of the residents of the Benefit Units. E. To borrow and expend money and issue bonds and revenue certificates and other obligations of indebtedness in such manner and subject to such limitations as may be provided bylaw. F. To levy and collect the Special Assessments within the Benefit Units. G. To determine rates and collect service charges and fees within the Benefit Units. SECTION FIVE: BUDGET ADOPTION. The fiscal year of the Benefit Units shall commence on October 1 of each year and end on September 30 of the following year. Annually, the Board shall consider, amend and adopt a budget for each Benefit Unit as County budgets are considered and adopted. SECTION SIX: TRUST FUND. There is hereby established a Solid Waste Special Assessment Trust Fund, which will be divided into two (2) financial accounts, one (1) for each Benefit Unit. All Special Assessments and service charges and fees collected pursuant to this Ordinance for Solid Waste collection, disposal and administration services hereunder shall be deposited into the applicable financial account. The funds in each financial account in the Trust Fund are funds of the Board and will be part of the Board's annual budget. The funds on deposit in each financial account shall be used for no purposes other than Solid Waste collection, disposal and administration for each corresponding Benefit Unit and related costs incidental thereto, including, but not limited to, enforcement costs. SECTION SEVEN: PRIMA FACIE EVIDENCE OF ACCUMULATION OF SOLID WASTE. The fact that any Residential Real Property or Commercial Real Property within a Benefit Unit is capable of being occupied or has been issued a Certificate of Occupancy by the County shall be prima facie evidence that Solid Waste is being generated or accumulated upon such Residential Real Property or Commercial Real Property. 12 SECTION EIGHT: ANNUAL SOLID WASTE COLLECTION. ADMINISTRA TION SPECIAL ASSESSMENT. Agenda Item No. BE October 11 . 2005 Page 16 of 33 DISPOSAL AND There is hereby imposed on all Residential Real Property within the Benefit Units an annual Special Assessment for the collection, disposal and administration of Solid Waste. The amount of the Special Assessment for Solid Waste collection, disposal and administration shall be the rate established in compliance with the procedure provided herein. Subsequent to the certification of the Assessment Roll, pursuant to Chapter 197, Florida Statutes, by the Property Appraiser, the Clerk, or the designee of the Board, the Board and the Tax Collector or other Board designee shall obtain a copy of the certified Assessment Roll from the Property Appraiser or the Clerk for all taxable properties in Collier County, as reflected in the records of the Property Appraiser. Thereafter, the. Board shall cause to be prepared an independent file or roll which identifies those properties in the Benefit Units that are subject to the Special Assessment. The independent file or roll shall contain sufficient detail to permit ready identification of such Residential Real Property, consistent with the data contained on the Assessment Roll. The annual Special Assessment may be imposed and collected as a non-ad valorem assessment pursuant to the procedure set forth in Section 197.3632, Florida Statutes. SECTION NINE: ANNUAL RATE RESOLUTION. On or before the first day of October, prior to each Service Year, or as soon thereafter as the Assessment Roll may be available or independent file or roll is completed and the amount of revenue necessary to fund the collection, disposal and administration of Solid Waste within the Benefit Units has been determined, the Board shall hold a public hearing to adopt a Rate Resolution in accordance with the provisions of this Ordinance and Collier County Ordinance No. 84-31, incorporating a schedule of the annual Special Assessments to be imposed upon the owners of all Residential Real Property in the Benefit Units. The annual Rate Resolution shall also establish rates, fees and charges for the services provided by the Contractor(s) to commercial Customers, as well as rates, fees and charges for disposal of Solid Waste at County facilities. The schedule for the Special Assessments shall provide sufficient revenues to fund the collection, disposal and administration of Solid Waste within the Benefit Units. If the Board elects to use the non-ad valorem method of collecting the Special Assessments as part of the ad valorem tax bills, the procedures set forth in Section 197.3632, Florida Statutes, shall be followed for the adoption of rates, fees and charges. 13 SECTION TEN: CERTIFICATION OF RATE RESOLUTION. Agenda Item No. 8E October 11 . 2005 Page 17 of 33 Upon adoption by the Board of the Rate Resolution provided for in Section 9 of this Ordinance and County Ordinance No. 84-31, the Clerk shall forthwith deliver a certified copy of the Rate Resolution to the Tax Collector or other Board designee who will be responsible for collecting the Special Assessment. Based upon the Rate Resolution, the Tax Collector or other Board designee shall cause to be prepared an annual Special Assessment Roll. The Special Assessment Roll shall contain a description of those properties which are subject to the Special Assessment, the name and address of the owner of each parcel of Residential Real Property, and the amount of the Special Assessment applicable to each parcel of Residential Real Property. The description of each parcel of Residential Real Property shall be in sufficient detail as to permit ready identification of each parcel of Residential Real Property on the Assessment Roll. SECTION ELEVEN: SOLID WASTE COLLECTION. DISPOSAL AND ADMINISTRATION SERVICE CHARGE PRIOR TO INITIATION OF ANNUAL SPECIAL ASSESSMENT. A Solid Waste collection, disposal and administration service charge shall be imposed against each owner of Residential Real Property at the time a Certificate of Occupancy is issued by the County. Until an annual Special Assessment is levied against such Residential Real Property in accordance with the procedures delineated herein, the amount of the service charge shall be a prorated share of the annual Special Assessment. The charge shall be paid at the time of issuance ofa Certificate of Occupancy, and transferred into the Trust Fund. SECTION TWELVE: SCOPE OF SPECIAL ASSESSMENT: DELINOUENCY: AND LIENS. The Special Assessment shall be imposed against the owners of all Residential Real Property in the Benefit Units. Delinquencies in Special Assessment payments, liens, and collections thereof shall be administered and enforced in accordance with one of the following procedures: A. In accordance with Chapter 197, Florida Statutes, and particularly Section 197.3632, Florida Statutes, providing for the imposition and collection of the Special Assessments as a non-ad valorem assessment on the property tax bills; or, in the alternative, B. Pursuant to the authority of Chapter 173, Florida Statues, in accordance with the following procedures: The name of the owner and a description of each parcel of Residential Real Property shall be that designated on the Assessment Roll maintained by the Property Appraiser of Collier 14 Agenda Item No. 8E October 11. 2005 Page 18 of 33 County even though the Property Appraiser's Assessment Roll may not be current with regards to ownership, and from the Certificates of Occupancy issued by the County for those parcels of Residential Real Property that are not described on the Assessment Roll. Except when the non-ad valorem method of collection is used pursuant to Section 197.3632, Florida Statutes, the Special Assessment shall be due by October 1 of the Service Year and shall be payable by a full lump sum payment within thirty (30) days of an original or corrective billing for such Service Year for which payment is required. All delinquent Special Assessments billed and collected by the Tax Collector or other Board designee shall bear interest at the rate of twelve percent (12%) per annum. All Special Assessments imposed upon the owners of Residential Real Property under the provisions of this Ordinance, becoming due and payable on or after November 1, 1990 for the 1991 Service Year or October 1 for all Service Years thereafter or thirty (30) days after an original or corrective billing for such Service Year was mailed to the owner of any Residential Real Property that was not billed prior to commencement of such Service Year shall constitute and are hereby imposed as liens against such Residential Real Property as of the date the Special Assessment becomes delinquent. Said Special Assessments shall remain liens equal in rank and dignity with the lien of the County for ad valorem taxes and superior in rank and dignity to all other liens, encumbrances, titles and claims in and to or against the Residential Real Property involved. I f any Special Assessment lien becomes delinquent, the Board, upon receipt of the list of outstanding and delinquent Special Assessments from the Tax Collector or other Board designee under the provisions of Section 13 of this Ordinance, shall, by resolution, record a notice of delinquent liens containing the amount of the delinquent Special Assessment including all interest provided herein, a legal description of the Residential Real Property against which the lien is imposed and the name of the owner of such Residential Real Property as indicated on the Assessment Roll maintained by the Property Appraiser of Collier County, even though the Property Appraiser's Assessment Roll may not be current with regard to ownership. The notice of delinquent lien shall be recorded in the Public Records of Collier County, Florida, by the Board. Further, notice of the imposition of the lien on Residential Real Property pursuant to the Board's resolution shall be mailed by the Clerk or the Board's designee to each owner of such Residential Real Property at the owner's last known address. The notice shall contain the same information required in the resolution described herein imposing the lien. Upon payment by or on behalf of the owner and receipt of the list for paid or discharged lien or liens from the Clerk or 15 Agenda Item No. BE October 11. 2005 Page 19 of 33 the Board's designee, the Board shall adopt a resolution indicating satisfaction of the lien or liens, which shall be recorded in the Public Records of Collier County, Florida, by the Board. Further, a notice of satisfaction of the lien or liens pursuant to the Board's resolution shall be mailed by the Clerk or the Board's designee to each owner of such Residential Real Property at the owner's last known address. The notice shall contain the same information required in the resolutioI) described herein satisfying the lien; or, in the alternative, C. In accordance with the provisions of any other law applicable to the administration and enforcement of delinquent special assessment payments, or liens and the collection thereof. D. The owners of record of the Residential Real Property identified in CoJlier County Resolution No. 93-357 never received the 1991 special assessment bill or a reminder or a demand letter therefore, and said Residential Real Property had a lien imposed thereon pursuant to County Resolution No. 93-29, which was adopted by the Board on January 26, 1993. Notwithstanding any provision in this Ordinance to the contrary, the owners of such property shall be afforded the following remedy and procedure: 1. All interest accrued for each such parcel of Residential Real Property from the due date of payment of such 1991 Special Assessment through September 1, 1993 shall be accounted for and paid from the appropriate County fund, thereby reducing the outstanding (delinquent) interest due on such Residential Real Property accounts to zero as of September 1, 1993. The Department is authorized and shall effectuate a refund of interest paid to those owners of those parcels of Residential Real Property referenced in County Resolution 93-357 who have paid the then outstanding principal (special assessment amount) and interest subsequent to the lien being imposed pursuant to County Resolution No. 93-29 and prior to September 1, 1993. 2. On or before September 1, 1993, the Department sent by regular U.S. mail corrective invoices to the owners of record for those parcels of Residential Real Property identified in Resolution No. 93-357, such invoices providing billing for payment of the 1991 Service Year Special Assessment without interest, if paid on or before September 20, 1993. If payment was not made for such Residential Real Property by September 30, 1993, then interest on such unpaid invoice shall accrue at the rate of twelve percent (12%) per annum commencing October 1, 1993. 16 3. Full payment of the 1991 Agenda Item No. 8E October 11 . 2005 Page 20 of 33 Service Year special assessment, as stated on the corrective invoice referenced in subparagraph I above, prior to October 1, 1993, shall result in the Residential Real Property account being considered paid in full, and a resolution indicating satisfaction of the lien created by County Resolution No. 93-29 shall be adopted by the Board and recorded in the Public Records of Collier County, Florida. SECTION THIRTEEN: PAYMENTS. Billing, receiving and accounting for the payment of the Special Assessment shall be the responsibility of (a) the Tax Collector of Collier County pursuant to the provisions of Chapter 197, Florida Statutes, and the agreement between the Board, the Tax Collector and the Property Appraiser, and other applicable provisions of law, or (b) the Board's other designee(s). SECTION FOURTEEN: CORRECTION OF ERRORS AND OMISSIONS. No act or error of omission or commission on the part of the Property Appraiser, Tax Collector, Board, Clerk, or their deputies or employees, or other Board designee(s) shall operate to defeat the duty to pay the Special Assessment imposed by the Board under the provisions of this Ordinance. For the 1991 Service Year and all service years thereafter, the Manager shall be and is hereby authorized to confirm and correct invoicelbilling errors and omissions caused on the part of the County materially affecting Residential Real Property Special Assessment payment requirements as otherwise provided in this Ordinance, by accounting for and paying from the appropriate County fund the interest erroneously applied to the Residential Real Property affected by the error or omission. SECTION FIFTEEN: FAILURE TO INCLUDE RESIDENTIAL REAL PROPERTY ON ANNUAL SOLID WASTE COLLECTION. DISPOSAL AND ADMINISTRATION SPECIAL ASSESSMENT ROLL. If it appears that the Special Assessment might have been imposed under this Ordinance against any Residential Real Property, but such Residential Real Property was omitted from the appropriate Special Assessment Roll, the Board may, by resolution, impose the applicable Special Assessment for the Service Year in which the error is discovered, plus the applicable Special Assessment for the prior two (2) Service Years, if the Residential Real Property was subject to the Special Assessment for each of the prior two (2) Service Years. The total Special Assessment shall become delinquent if not fully paid upon the expiration of sixty (60) days from 17 Agenda Item No. BE October 11 . 2005 Page 21 of 33 the effective date of the Board's resolution, and upon becoming delinquent shall be subject to an interest rate of twelve percent (12%) per annum. Further, the total amount of the delinquent Special Assessment shall constitute, and is hereby imposed, as a lien against such Residential Rea] Property, and shall be treated the same as other Special Assessments. SECTION SIXTEEN: ENFORCEMENT OF DELlNOUENT ANNUAL GARBAGE AND SOLID WASTE COLLECTION. DISPOSAL AND ADMINISTRATION SPECIAL ASSESSMENTS. All delinquent Special Assessment liens may be enforced at any time by the Board subsequent to the date the Special Assessment or service charge becomes delinquent, except as otherwise provided herein, in the amount due under the liens or any recorded liens, including all interest, plus costs and a reasonable attorney's fee, by proceeding in the appropriate court to foreclose such liens in the manner in which a mortgage lien is foreclosed under F]orida law or, in the alternative, foreclosure proceedings may be instituted and prosecuted under the provisions of Chapter 173, F]orida Statutes, or the collection of payment thereof may be accomplished by any other method authorized by law. It shall be lawful to join in any complaint for foreclosure or any such legal proceedings, any lots or parcels ofland that are the subject of a lien or liens. The Clerk or the Board's designee is authorized and directed to execute and deliver, upon request, a written certification certifying the amount due for delinquent assessments or unrecorded liens for any parcel of Residentia] Rea] Property. In the alternative, the Clerk or the Board's designee shall certify that no such Special Assessments are due, except current and non- delinquent Special Assessments. The certificates shall be binding upon the County. SECTION SEVENTEEN: MANDATORY SOLID WASTE COLLECTION. Unless exempt from the provisions of this Ordinance or burned under a valid permit, all Solid Waste generated and accumulated by a Person on Residentia] Rea] Property or Commercial Rea] Property within a Benefit Unit shall be collected, conveyed, and transported to an approved County facility by the designated Contractor. Each Person that owns or occupies Residentia] Real Property or Commercia] Rea] Property in the Service District shall be serviced by the Contractor, except as provided in Section 21 of this Ordinance. The owner(s) of Commercia] Real Property shall provide a copy of their service contract with a Contractor, or an Exemption Permit issued pursuant to the provisions of Section 21 of this Ordinance, for such property to obtain a Certificate of Occupancy from the County Community Development and Environmenta] Service Department for such property. 18 Agenda Item No. BE October 11 . 2005 Page 22 of 33 Inadvertent or mistaken issuance of a Certificate of Occupancy shall not relieve any Person from compliance with these provisions. SECTION EIGHTEEN: OWNERSHIP OF SOLID WASTE AND PROGRAM RECYCLABLES. From the time that Solid Waste and Program Recyclables are placed at the Curbside or other authorized location for collection by the County or the Contractor, such materials shall be the sole property of the County. No Person shall have the right to take, keep, process, alter, remove or otherwise sell or dispose of such materials, without the prior written approval of the Manager. SECTION NINETEEN: RESPONSIBILITIES OF CONTRACTOR AND CUSTOMER FOR SOLID WASTE COLLECTION. The Contractor shall collect Solid Waste from Residential Real Property and Commercial Real Property, and Customers shall set out their Solid Waste for collection by the Contractor, as follows: A. All collection services provided by the Contractor under the terms of this Ordinance shall be performed in a professional manner in compliance with the Service Agreement and all applicable local, state and federal laws. Any litter or spillage caused by the Contractor shall be removed immediately by the Contractor. B. Collection service shall be provided by the Contractor on Monday through Saturday, except Holidays. The Contractor shall not be required to provide collection service on Holidays or during a local emergency, as declared by the Board. Should a Holiday occur on the date designated as a Customer's collection day, the collection for that Customer shall take place no later than the next regular collection day for the Customer. C. Residential Real Property: I. Except as otherwise provided herein or in the Service Agreement, the Contractor shall collect, remove and dispose of the Solid Waste set out for collection by residential Customers. At a minimum, Residential Real Property in the Benefit Units shall be provided collection service at Curbside for the following materials, subject to the provisions of the Service Agreement: (a) Garbage and Rubbish; (b) Yard Trash; (c) Program Recyclables; (d) Bulk Waste; (e) White Goods; (f) Tires; and (g) Electronic Equipment. 19 2. Except as otherwise provided herein, residential Agenda Item No. BE October 11. 2005 Page 23 of 33 Customers shall use Curbside Containers for the collection of Garbage, Rubbish, and Yard Trash. Residential Customers may use heavy-duty plastic bags for excess Garbage or Rubbish. 3. Curbside Containers are subject to the Manager's approval and shall: (a) be constructed so as to prevent intrusion by water and animals, and the expulsion of their contents; (b) have a cover that is free from sharp edges; and (c) not have inside structures that prevent the free discharge of the container's contents. Curbside Containers, except Roll Carts, shall not exceed thirty-two (32) gallons in capacity or fifty (50) pounds in weight when filled. 4. Program Recyclables shall be set out for collection in a Recycling Cart or Recycling Bin. Cardboard placed in a Recycling Cart or Recycling Bin shall be flattened and, if necessary, cut to a maximum size of 3 ft. x 3 ft. Cardboard may also be stacked and placed outside the Recycling Cart or Recycling Bin. 5. Discarded materials from small household repairs, renovations or projects shall be placed in a Roll Cart. No other C&D Debris shall be placed at the Curbside. C&D Debris generated on Residential Real Property by a licensed builder or contractor shall be removed by the builder or contractor. 6. Curbside Containers, Recycling Carts, Recycling Bins, and any non- containerized waste appropriate for Curbside collection shall be placed at the Curbside prior to 6:00 a.m. on the scheduled collection day. However, these containers and materials shall not be 'placed at Curbside more than twenty-four (24) hours prior to the Customer's next regularly scheduled collection day. Such containers and materials shall be placed at least four (4) feet . from mailboxes or other obstacles. The Customer shall remove from the Curbside all Curbside Containers, Recycling Carts and Recycling Bins within twenty-four (24) hours after the Customer's Solid Waste has been collected. 7. A residential Customer shall not set out for collection more than four (4) Tires and two (2) lead acid batteries per month. 8. A residential Customer shall contact the Manager at least forty-eight (48) hours before the Customer's regularly scheduled collection day if the Customer wishes to receive Curbside collection of Bulk Waste, White Goods, Electronic Equipment, Tires, or lead acid batteries. 9. Garbage and similar putrescible waste shall not be collected, stored, or set out in an open, uncovered Collection Container. 20 Agenda Item No. 8E October 11. 2005 Page 24 of 33 10. Solid Waste and Yard Trash shall not be placed in the same Curbside Container. 11. Yard Trash shall not be placed in Roll Carts. Yard Trash placed in other types of Curbside Containers shall not exceed four (4) feet in length or fifty (50) pounds in weight, and shall not extend more than twelve (12) inches over the top of the Curbside Container. Yard Trash shall not be set out for collection in plastic bags. Yard Trash may be set out for collection in paper bags. 12. Yard Trash that is not placed in a Curbside Container shall be bundled and securely tied with a cord or other material strong enough to support the weight of the bundle. Non-containerized Yard Trash shall not exceed fifty (50) pounds in weight, four (4) feet in length, or four (4) inches in diameter. The foregoing restrictions also shall apply to other types of non-containerized Solid Waste, except Bulk Waste and Extraordinary Waste. 13. Customers shall not overfill Roll Carts, Recycling Carts, or Commercial Containers such that lids cannot be securely closed. 14. The Contractor shall provide for the collection of Bulk Waste, White Goods, and Electronic Equipment, subject to the provisions of this Ordinance and the Service Agreement. Such materials shall be placed at Curbside and shall not include vehicles, vehicle component parts, boats or boat trailers or their component parts, or liquid waste. Further, Bulk Waste shall be disassembled, if possible, prior to pickup by the Contractor. Prior to placement at the Curbside, doors on White Goods shall be taken off the discarded units to prevent the entrapment of children. 15. Owners of Residential Real Property may negotiate separate arrangements with the Contractor for services additional to those established herein and in the Service Agreement. The County shall not be responsible for the administration of or payment for any such arrangements. D. Ingress and Egress to Residential Real Property: Subject to the conditions contained herein, ingress and egress to Residential Real Property on private roads must be provided by the affected property owners for the Contractor. Ingress and egress includes but is not limited to maintaining suitable conditions and widths on the roads, providing adequate room for vehicles to turn around, and managing overhanging tree limbs. If part or all of a private road is inaccessible by the Contractor, the County shall investigate and provide suggestions to the appropriate Home Owner's Association (HOA) or property owners if there is no HOA. If the 21 Agenda Item No. 8E October 11 . 2005 Page 25 of 33 HOA or affected property owners do not agree to provide access for the Contractor, the Customer's Curbside Containers shall be placed on the closest public right-of-way that is accessible to the authorized Contractor, at a location designated by the Manager that will not obstruct motor vehicle traffic, pedestrian passage, or storm water drainage. E. Commercial Real Property: 1. Except as authorized by Section 403.7046, Florida Statutes, the provisions of this Ordinance do not apply to the collection of Recovered Materials that are generated on Commercial Real Property. 2. Except as otherwise provided herein, owners of Commercial Real Property shall enter into a contract with a Contractor and shall pay the County's approved rates for the collection of those types of Solid Waste that are subject to the Contractor's exclusive franchise. 3. The minimum collection frequency for Commercial Real Property shall be one time per week, with collection not more than seven (7) calendar days apart, except for Holidays. The minimum collection frequency for restaurants, grocery stores and other facilities that generate significant quantities of Garbage and other types of putrescible waste shall be twice per week. 4. Collection service for Commercial Real Property shall be provided with a Commercial Container; however, a commercial Customer that generates one (1) cubic yard or less per week of Solid Waste may use Curbside Containers. F. Multi-Family Collection Service: 1. Customers occupying Multi-Family Residences shall receive residential collection service or commercial collection service. A Customer occupying a Multi-Family Residence shall receive residential collection service if the Customer pays the County's Special Assessment or receives the Manager's approval for such service. All other Customers occupying Multi-Family Residences shall receive commercial collection service. 2. A Customer occupying a Multi-Family Residence and receiving residential collection service shall receive the same level of service, and shall be subject to the same rates and requirements, as any other Customer receiving residential collection service. 3. A Customer occupying a Multi-Family Residence and receiving commercial collection service shall receive the same level of service, and shall be subject to the same rates and requirements, as any other Customer receiving commercial collection service. 22 4. Each Customer occupying a Multi-Family Residence Agenda Item No 8E October 11 . 2005 Page 26 of 33 shall recei ve collection service for Recyclable Materials, unless the site development plan for such Multi- Family Residence provides for commercial collection service. G. Non-Collection Procedures: 1. The Contractor is not required to collect Solid Waste, Program Recyclables, or other materials unless such materials have been set out for collection by a Customer in accordance with the provisions of this Ordinance and the Service Agreement. If such materials are not collected, the Contractor shall immediately place a Non-Collection Notice on the container or Non-Conforming Material. If the Contractor does not place a Non-Collection Notice on the container or Non-Conforming Material, the Manager may require the Contractor to return promptly and collect the materials. 2. The Contractor may leave Non-Conforming Material, Non-Program Recyclables, and excessively contaminated recyclables in the Customer's Recycling Cart or Recycling Bin. If the Contractor does, the Contractor shall immediately place a Non-Collection Notice explaining why the material was not collected. 3. In the event a Commercial Container is overfilled and cannot be safely dumped, the Contractor shall immediately place a Non-Collection Notice on the Commercial Container, notify the Customer, and reschedule service. 4. The Contractor shall refuse to collect Solid Waste from a Customer if the Contractor believes that the Solid Waste contains Hazardous, Radioactive, Biological or Biomedical Waste. If the Contractor believes a Customer is depositing such waste for collection, the Contractor shall place a Non-Collection Notice on the container, take photographs of the improper waste (if possible), and immediately notify the Manager. If the generator of such waste is unknown, the Contractor shall work with the Manager to identify the generator of such waste. SECTION TWENTY: TERMINATION OF SERVICE BY CONTRACTOR. A. Residential Real Property: The Contractor may not terminate service to any Residential Real Property that is subject to and not exempted from the Special Assessment. B. Commercial Real Property: The Contractor may terminate collection service when a commercial Customer fails to pay for service and the following procedure has been followed: I. When a commercial Customer's payment is thirty (30) days past due, the Contractor may mail to such Commercial Customer a notice of intent to terminate service in ten (10) days. 23 Agenda Item No. 8E October 11. 2005 Page 27 of 33 2. If the commercial Customer desires to dispute the bill, the Customer shall notify the Manager in writing within the ten (10) day period. Upon receipt ofthe Customer's notice, the Manager shall resolve the dispute. 3. Ifthe balance remains unpaid after the ten (10) day period provided above, or ten (10) days following issuance of a written finding by the Manager, the Contractor may discontinue collection service to the Customer. The Contractor shall notify the Manager within one (1) day after service IS terminated. 4. Upon being notified, the County shall take whatever action it deems appropriate to enforce compliance with the provisions of the County's Ordinances, including, but not limited to issuance of a citation. C. In the event service is terminated, the Contractor is authorized to remove from the Customer's premises any Commercial Containers or other equipment belonging to the Contractor. D. The Contractor is authorized to charge interest on delinquent accounts with commercial Customers, based on the highest rate authorized by law, and to charge a fee for resumption of service. SECTION TWENTY-ONE: EXEMPTION PERMITS FOR COMMERCIAL AND RESIDENTIAL PROPERTY: PROCEDURE FOR OBTAINING AND REVOKING EXEMPTION PERMITS. A. Commercial Real Property: Any owner or occupier of Commercial Real Property desiring to remove Solid Waste generated on its own premises may make application to the Manager for an Exemption Permit to remove and convey the Solid Waste to designated County facilities. Such application shall be on a form as prescribed by the Manager. Applications shall be accompanied by a filing fee in an amount determined by resolution of the Board. The application shall, in addition to other items which may be specified by the Manager, contain at least the following information: I. Name of applicant. 2. Telephone number of applicant. 3. Facsimile number of applicant. 4. Description of activity generating the Solid Waste. 5. Description of the type of Solid Waste generated and address of premises where such Solid Waste is generated. 24 Agenda Item No. BE October 11 . 2005 Page 28 of 33 6. The proposed County ]andfill site where the Solid Waste will be disposed. 7. The vehicle(s) and personnel that will be utilized to transport such Solid Waste. 8. Address where vehicle(s) is parked and can be inspected. 9. A copy of the registration of the vehicle(s). 10. Proof of insurance for the vehicle(s). II. Information sufficient to establish that the equipment to be used is constructed or equipped in a manner such that no leakage, spillage or loss of any fraction of the load can occur. 12. A copy of the applicant's occupational Jicense. Upon determining that the activity for which the Exemption Permit is sought complies with the terms of the Ordinance, the Service Agreement, and all County, State and Federal laws and regulations, the Manager may grant an Exemption Permit. The Exemption Permit shall contain a certificate to be signed by the applicant, certifying that the applicant will comply with the provisions of this Ordinance. The Exemption Permit shall specify the County faciIity(ies) to which the Solid Waste shall be conveyed and shall include any other conditions the Manager deems appropriate. All Solid Waste being transported pursuant to an Exemption Permit must be transported in a covered or enclosed vehicle or must be securely covered by a tarpaulin or other device that prevents the materia] from falling, blowing or otherwise escaping the vehicle. Vehicles used to transport Solid Waste pursuant to this Section 21 shall have properly functioning safety equipment, including, but not limited to, head lights, tail lights, hazard lights, windshields, windshield wipers, mirrors and horns. The Person receiving the Exemption Permit shall timely pay any amounts due and owing for the use of the County faciJity(ies) at which the Solid Waste is disposed. Failure to make timely payments to the County for disposal services may result in the revocation of the Exemption Permit. The Exemption Permit shall be effective for a period of six (6) months from the granting thereof and may be renewed by filing an updated application and following the procedures for the granting of the original Exemption Permit. Upon receipt of notice of a violation of the terms of any Exemption Permit, including the application therefore, the Manager may revoke such Exemption Permit, after providing notice and a hearing. An appeal from any decision of the Manager denying or revoking an Exemption 25 Agenda Item No. 8E October 11 . 2005 Page 29 of 33 Permit may be taken to the Board. An appeal shall be initiated by filing with the Manager a petition stating the grounds for such appeal. The petition must be filed with the Manager within ten (10) days after the County mails notice ofthe permit denial or revocation by the Manager. B. Residential Real Property: Exemption Permits shall not be issued for Residential Real Property generally, but may be issued upon the following basis and criteria: 1. The Residential Real Property for which exemption from the Special Assessment is sought must: a. be essentially surrounded by Commercial Real Property; b. provide written confirmation that its Solid Waste shall be collected and disposed of by the owners of the adjacent Commercial Real Property; and c. be part of a condominium owners' or homeowners' association of record whose residential units are receiving commercial collection service with a Commercial Container, rather than the residential collection service described in Section 19 of this Ordinance. The owners of the affected Residential Real Property, if so electing through their respective condominium owners' or homeowners' association, shall file an exemption application identifying the Residential Real Property and providing other relevant information as required on the form provided by the Manager. An exemption granted pur.suant to this provision shall mandate the subject Residential Real Property to obtain and receive . commercial service through its respective condominium owners' or homeowners' association, by contract with the Contractor for the appropriate commercial service, at the rate provided by the Contractor pursuant to this Ordinance and the Service Agreement. 2. The Contractor providing service in the affected Solid Waste District shall affirm in writing to the Manager that it is impractical or economically inefficient for the Contractor to provide residential collection service to the Residential Real Property for which exemption is sought. 3. Application for Exemption Permit shall be made in writing by the Residential Real Property owner, or on behalf of the Residential Real Property owners of such condominium owners' or homeowners' association by such 26 condominium owners' or homeowners' Agenda Item No. 8E October 11 . 2005 Page 30 of 33 association, and shall be submitted with an administrative processing fee in an amount determined by the Board. The application shall be submitted to the Manager within thirty (30) days of the mailing date of the Special Assessment bill. The Manager may request and shall be entitled to receive relevant documentation or confirmation of facts from the applicant and shall, in any event, render a written decision either granting or denying the exemption request within thirty (30) days of its submission. 4. An appeal from a decision of the Manager denying or revoking a residential Exemption Permit may be taken to the Board by the Residential Real Property owner so aggrieved by filing with the Manager a petition stating the grounds for the appeal. The petition must be filed with the Manager within ten (10) days after the Manager mails the notice of denial. 5. After the expiration of the periods oflimitation established in subparagraphs 3 and 4 of this subsection 218, as applicable, no petition, appeal or right of action shall be asserted by the Residential Real Property owner. 6. A Residential Real Property exemption granted hereunder shall be formalized by resolution adopted by the Board and communicated to the Tax Collector and/or other Board designee. 7. The residential Exemption Permits granted hereunder shall have duration of up to and no more than one (1) Service Year, whereupon the Residential Real Property shall be subject to the Special Assessment and Contractor's services unless a new residential Exemption Permit is obtained pursuant to the procedures described in this Section 21 of the Ordinance. SECTION TWENTY-TWO: FlNANClAL HARDSHIP DEFERMENTS. Except where the Special Assessment is imposed and collected as a non-ad valorem assessment on the property tax bill, a deferment of the annual payment obligation of the Special Assessment may be obtained by the owner of Residential Real Property that qualifies upon the basis of financial hardship as defined herein and according to the procedures provided hereunder. A deferment of the payment obligation otherwise required under this Ordinance may be granted upon the written request of a Residential Real Property owner who qualifies because of fmancial hardship using as a standard the United States Department of Housing and Urban 27 Agenda Item No. BE October 11. 2005 Page 31 of 33 Development's Rental Assistance Program (Section 8) as to annual income, providing further that home ownership is not in and of itself an eliminating factor. The deferment shall consist of a lien placed against the Residential Real Property to run with the land in an amount equal to the cumulative unpaid Special Assessment(s). The lien shall be satisfied upon the sale, transfer or any other disposition of the Residential Real Property subject to the Special Assessment(s). A. Application for financial hardship deferment shall be submitted to the Manager. The Manager shall render a written determination upon such application within thirty (30) days of its submittal. B. A Residential Real Property owner who has applied for a financial hardship deferment and has been denied such deferment by the Manager may petition the Financial Hardship Review Committee, which is established hereby and composed of the County Public Utilities Administrator, the County Housing and Urban Improvement Director, and the Manager. The written application shall be tendered to the Financial Hardship Review Committee (c/o the Collier County Public Utilities Administrator's office) within thirty (30) days of the date of denial by the Manager. After the expiration of this period of limitation, no petition, appeal or right of action shall be asserted by the Residential Real Property owner. C. A review of the decisions of the Financial Hardship Review Committee may be heard by the Board upon application by any Person seeking such a review. The written application shall be tendered to the Manager within thirty (30) days of the date of the decision of the Financial Hardship Review Committee. After the.expiration of this period of limitation, no petition, appeal or right of action shall be asserted by the Residential Real Property owner. . D. A deferment granted by the Manager or by the Financial Hardship Review Committee or the Board shall be formalized by resolution adopted by the Board and recorded in the Public Records of Collier County, Florida by the Board. E. All financial hardship deferments shall be subject to reevaluation by the Manager every third Service Year following the grant of deferment or the previous reevaluation. F. All financial hardship deferments shall accrue interest on the unpaid principal at the rate of twelve percent (12%) per annum, unless the interest is waived by the Board based on information provided to the Board on a case-by-case basis. 28 SECTION TWENTY-THREE: SEVERABILITY. Agenda Item No. 8E October 11 . 2005 Page 32 of 33 If any portion of this Ordinance is declared invalid, illegal, void or unenforceable by a court of competent jurisdiction, such portion shall be considered severable, and the remaining portions shall not be affected, but will remain in full force and effect. This Ordinance shall be construed as if such invalid, illegal, void or unenforceable provision had never been contained herein. SECTION TWENTY-FOUR: PENALTIES. Violations of this Ordinance shall be prosecuted in the same manner as misdemeanors are prosecuted and upon conviction shall be punished by fine not to exceed five hundred dollars ($500.00) or by imprisonment in the County Jail not to exceed sixty (60) days or by both fine and imprisonment. Each day of continued violation shall be considered a separate and distinct offense. The Board shall have the power to collaterally enforce the provisions of this Ordinance through its code enforcement inspectors and/or code enforcement boards or by appropriate judicial writ or proceeding notwithstanding any prosecution in the same manner as a misdemeanor. SECTION TWENTY-FIVE: REPEAL OF CONFLICTING ORDINANCES. The provisions of any other Collier County Ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. The Board hereby expressly repeals Ordinance 90-30, as amended. SECTION TWENTY-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 TWENTY-SEVEN: FILING WITH THE DEPARTMENT OF STATE AND EFFECTIVE DATE. A. The Clerk is hereby directed to transmit a certified copy of this Ordinance to the Bureau of Administrative Code, Department of State, 500 South Bronough Street, Tallahassee, Florida 32399. B. This Ordinance shall take effect upon filing with the Department of State. 29 Agenda Item No. 8E October 11, 2005 Page 33 of 33 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 County Attorney 30 Agenda Item No. 9A October 11, 2005 Page 1 of 21 EXECUTIVE SUMMARY , . ",.. APPOINTMENT OF MEMBER(S) TO THE HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD< . OBJECTIVE: To appoint 2 members to serve full terms expiring on October 1,2008 and 1 member to fulfill the remainder of a vacant term expiring on October 1, 2006 to the Historical/Archaeological Preservation Board. CONSIDERATIONS: The Historic/Archaeological Preservation Board had 2 terms expire on October 1, 2005, representing the category of Archaeology and Real Estate/Land Development and 1 resignation representing the category of History. This 7 member board is vested with the power, authority, and jurisdiction to designate, regulate, and administer historical, and archaeological resources in Collier County, lUlder the direct jurisdiction and control ofthe Board of County Commissioners. Terms are 3 years. A list of the current membership is included in the backup. The terms for Thomas W. Franchino (Real Estate/Land Development) and John W. Thompson (Archaeology) expired on October 1, 2005. Additionally, we received a resignation from Adam Brooks (History) on August 22,2005. A press release was issued and resumes were received from the following 6 interested citizens: - APPLICANT CATEGORY lliliI ELECTOR ADV. COMM. John W. Thompson Archaeology 2 Yes Historical! Archaeological Re-appointment Preservation Board Cynthia Valentini At-Large 2 Yes None Arthur G. Segal At-Large 3 Yes None Cynthia Carroll At-Large 3 Yes None Patricia A. Huff History 5 Yes None Thomas W. Franchino Real EstatelLand Development 2 Yes Historical! Archaeological Re-appointment Preservation Board COMMITTEE RECOMMENDATION: John W. Thompson, re-appt., expiring 1011108 Thomas W. Franchino, re-appt., expiring 10/1/08 Patricia A. Huff, new appt., expiring 10/1106 NOTE: Section Seven (B) of Ordinance 2001-55 states "Terms of office for Board members shall be limited to two consecutive terms of service on anyone Board. . ." Under (D) ofthe same section, it is noted that "By a unanimous vote ofthe Commission, the limitations set forth in subsection (B) above may be waived". According to available records, John W. Thompson has served 3 full terms. Should the Board wish to re-appoint Mr. Thompson, the limitations on two consecutive terms will need to be waived. FISCAL IMP ACT: NONE -- GROWTH MANAGEMENT IMPACT: NONE Agenda Item No. 9A October 11, 2005 Page 2 of 21 RECOMMENDA TION: That the Board of County Commissioners consider the recommendation for appointment, appoint 3 members and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: OCTOBER 11, 2005 "em Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 9A Aoenda Item No. 9A ~ October 11. 2005 Page 3 of 21 10f11f2005 900:00 AM Appoiniment 01 members to the ""hstoricalIArchaMlogical Pre<:.ervation Board Sue fll(;on DOl. Prtpared By Board of County Commls\Oionen; Executive M,mager to Ull': BCe Bee Office 9/26/20053:35:50 PM Approved By Leo E. Ochs, Jr. BOJIrd of Coonty Commis!iioner!; Deputy County MlInagf!r County Man.ag~r', Office "".. 9/30/20052:44 PM Agenda Item No. 9A October 11, 2005 Page 4 of 21 MEMORANDUM Community Development & Environmental Services Division Department of Zoning & Land Development Review To: Sue Filson, Executive Manager Board of County Commissioners From: Raymond V. Bellows, Manager Department of Zoning & Land Development Review Date: September 21, 2005 Subject: Historical and Archaeological Preservation Board Vacancies Please be advised that the Collier County Historic and Archaeological Preservation Board has discussed the request for consideration relative to the vacancy on the above referenced advisory committee. The Preservation Board has received resumes from Thomas Franchino, John W. Thompson, Cynthia Valentini, Arthur G. Segal. Cynthia Carroll. and Patricia Huff. Based on the Preservation Board's review of all the applicant's resumes. they have recommended the reappointment of Thomas Franchino to the Preservation Board representing the "Real Estate- Land Development" category and John Thompson representing the "Archaeology" category. In addition, during the September 21. 2005 Preservation Board meeting, the members also recommended that Patricia Huff be appointed to the Preservation Board to fill the "History" vacancy created by the resignation of Adam Brooks. It should be noted that the Preservation Board members indicated that the applications submitted by Cynthia Valentini, Arthur G. Segal, and Cynthia Carroll were also qualified to fill the "History" vacancy. If you have any questions concerning this matter. please do not hesitate to contact my office. cc: Joe Schmitt. Administrator Susan Murray, AICP, Director Jennifer Belpedio. Assistant County Attorney Agenda Item No. 9A October 11 , 2005 Page 5 of 21 Agenda Item No. 9A October 11, 2005 Page 6 of 21 Historical/Archaeological Preservation Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. William J. Tyson 09/08/98 1 % 1/00 2 Years 732 Hernando Drive 394-0800 10/14/03 1 % 1/06 3 Years Marco Island, FL 34145 E-Mail: marcobiJ@naples.net District: 1 Category: Landscape Architect Mr. John W. Thompson 10/15/96 10/01/99 3 Years / 576 Retreat Drive, Apt. 202 597-2269 03/11/03 10/01105 3 Years Naples, FL 34110 E-Mail: District: 2 Category: Archaeology /- This 7 member committee was created by Om. No. 91-70. and repealed and amended by LDC Div. 1.22.1 Ord. No. ~1-102. This board is vested with the power, authority, and jurisdiction to designate, regulate, and administer hi8IoricaI and ardIaeoIogicaI resources in Collier County, under the direct jurisdiction and control of the Board of County CommiS8ionef's. Membership is composed of 7 members frem the following categories: a hi8Iory; b. archaeology; c. Real Estate, land development, or finance; do architecture; 8. law or urban planning; and, f. 2 positions will be filled by citizens at large. Terms are 3 years. FL STAT Staff: Ray Bellows, Principal Planner: 403-2400 Wednesday, October 27, 2004 Page 2 of2 MEMORANDUM Agenda Item No. 9A October 11 , 2005 REa&J~D I . ~,"o ,",.\..HJ 2 6 LJ05 Board of County Commissioners DATE: August 25~ 2005 FROM: Sue Filson. Executive Manager Board of County Conunissio 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. mSTORlCAL/ARCHEOLOGICAL PRES BD COMMISSION DISTRICT John W. Thompson 4775 Aston Gardens Way, Apt. 311 Naples, FL 34109 v1 Thank you for your help. MEMORANDUM Agenda Item No. 9A October 11, 2005 Page 8 of 21 DATE: August 25,2005 TO: Ray Bellows, Principal Planner FROM: Sue Filson, Executive Manager Board of County Commissioners RE: Historical! Archaeological Preservation Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: John W. Thompson 4775 Aston Gardens Way, Apt. 311 Naples, FL 34109 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097.a Thank you for your attention to this matter. SF Attachments Page 10f2 Agenda Item No. 9A October 11, 2005 Page 9 of 21 ~son_s From: advisoryboards@coIUergov.net Sent: Thursday, August 25, 2005 8:27 AM To: filson_s Subiect: New On-line Advisory Board Application Submitted. ~"r.y Board of County Commissioners 3301 East Tamlami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 f(.L:r~: '.} ~~ , . ,.." ';. . . ~ '. t',' . . .~ " . . .~ '. . i ..' ~ / August25,2005 Application for Advisory Committees I Boards Name: John W. Thompson Home Phone: 239-597 -2269 Home Address: 4775 Aston Gardens Way,Apt 311 City: Naples, FL Zip Code: 34109 Fax Number: No information provided. Business Phone: No information provided. Email Address:JWTDLT@aol.com Place of Employment: Retired 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: Historical and Archaeological Preservation Category: (if applicable) Archaeology Do you currently hold public office? No 8/25/2005 Page 2 of2 Agenda Item No. 9A October 11, 2005 Page 10 of 21 Do you now serve, or have you served on aYes Collier County board or committee? If yes, please list the boards I committees: Collier County Historical and Archaeological Preservation Please list your community activities: S.W Floridar Archaeological Society, President and Treasurer and Director FI. Anthropological Sosiety, President and Treasurer Director, Craighead Archaeological Lab at the Collier County Museum Education: BS Chemical Engineering BC Engineering Management Experience I Background: 34 years with Monsanto Company in various assignments Real Estate Broker Naples Bosrd of Realtors 8/2512005 Agenda Item No. 9A October 11 . 2005 Page 11 of 21 MEMORANDUM DATE: August 22, 2005 FROM: Sue Filson, Executive Manager Board of County Commissio 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. I-llSTORICALlARCHAEOLOGICAL PRESERVATION BD COMMISSION DISTRICT Cynthia Valentini 260 Southbay #102 Naples, FL 34108 ~ ~ Arthur G. Segal 276 Napa Ridge Road, East Naples, FL 34119 ~ 3 r,.' ~ '.- r~...) ('~~- .;:;, ..=;:l .';",.n Cynthia Carroll 5230 Tamarind Ridge Drive Naples, FL 34119 ~, .3 \~:' .. ~:~~ ~--~;:: -:.(1 '- ~ ..,S .c.....i W ~ ~ ...~ .:7' ,-." ;:-;-, 1'- ~:;) ~ ~'- ..,,~.;- r'n?: 6 . ~~ u:> ~ c:> tJl Patricia A. Huff 207 N. Storter Avenue Everglades City, FL 34139 ::-=- .......,.- Thomas W. Franchino 183 Westwood Drive Naples, FL 34110 ~ ~ Thank you for your help. MEMORANDUM Agenda Item No. 9A October 11, 2005 Page 12 of 21 DATE: August 22, 2005 Ray Bellows, Principal Plann~r \ Sue Filson, Executive Manager Board of County Commission l TO: FROM: RE: Historical! Archaeological Preservation Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Cynthia Valentini 260 Southbay #102 Naples, FL 34108 Arthur G. Segal 276 Napa Ridge Road, East Naples, FL 34119 Cynthia Carroll 5230 Tamarind Ridge Drive Naples, FL 34119 Patricia A. Huff 207 N. Storter Avenue Everglades City, FL 34139 Thomas W. Franchino 183 Westwood Drive Naples, FL 34110 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize tbe app6cants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Page 1 of2 Agenda Item No. 9A October 11, 2005 Page 13 of 21 A:l$on s '=rom: - adViSOryboards@colie~;~:~~~...- Sent: Friday, August 19, 2005 9:26 AM To: filson_s Subject: New On-line Advisory Board Application Submitted. Colli~1 C:m~nIY Board of County Commissioners 3301 East Tamiaml Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 ~J-t].~1 ...... . ~.. " . - .,."/ . - . . . . "} .~ '. . ~f ~,1 .... August 19,2005 Application for Advisory Committees I Boards Name: Cynthia Valentini Home Phone: 239-594-2524 Home Address: 260 Southbay #102 .\ City: Naples Zip Code: 34108 Fax Number: 239-591-6309 Business Phone: 239-591-6435 Email Address:cindy.valentini@53.com Place of Employment: Fifth Third Bank 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? No Board I Committee Applied for: Historic I Archaeological Preservation Board Category: (if applicable) No information provided. At Do you currently hold public office? No 8/22/2005 Paoe2of2 Agenda Item No. 97\ October 11, 2005 Page 14 of 21 . Do you now serve, or have you served on a Collier County board or committee? No Please list your community activities: Collier County League of Women Voters - Member Womens Networking Group of Collier County - Member Southwest Florida GFOA - Memeber Volunteer at the Parade Company in Detroit, Michigan Education: Wayne County Community College - Associate Degree - Criminal Justice University of Michigan -Dearborn - Bachelors Degree - History Davenport University - MBA Finance e Experience I Background: I have an extensive finance background and am currently an Associate Relationship Manager with Fifth Third Bank in the Public Funds Department. Here in Public Funds it allows me to specialize in Governmental entities and Not for Profit organizations. I have had the opportunity as a volunteer to work with and repair the antique paper machier heads at Detroit's Parade Company under the supervision of Jan Vuckov. I have also had the opportunity in the past to work as a docent for the history museum in Phoenix, Arizona. - 8/22/2005 Page lof2 Agenda Item No. 9A October 11, 2005 Page 15 of 21 ~son_s "". '....-.. - ... -. .......-~_... ,'.- -_..~.,._- -- ._.--.._. - ..- -....---. -..--..-......-.. -.- ~~~ advisoryboards@colliergov.net Sent: Wednesday. August 17, 2005 10:30 AM To: filson_s Subject: New On-line Advisory Board Application Submitted. .. /.. .., <....11111<' ~ C..,W JH. \' Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 ~&...t~l i..11 ", .~'\ I .'; . ... 7"'-;; . . ." r' . , .: '. . "f ..: 1 ./ August 17,2005 Application for Advisory Committees I Boards Name: Arthur G Segal Home Phone: 239-352-4810 Home Address: 276 Napa Ridge Rd East '-' City: Naples Zip Code: 34119 Fax Number: 239-352-6025 Business Phone: 239-352-6025 Email Address:asegaI1519@CS.com Place of Employment: Retired 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: Historic/Archaeological Preservation Category: (if applicable) No information provided. 1 Do you currently hold public office? No 8/22/2005 Page 2 of 2 Agenda Item No. 9A October 11, 2005 Page 16 of 21 . Do you now serve, or have you served on a Collier County board or committee? No Please list your community activities: Marco Island Civic Assoc (MICA) - Humanitarian of the Year 2004, Board of Directors, Chairman: Architectural Review Committee Board of Historic Architectural Review.Montgomery Co Pa.Chairman Rotary-Paul Harris Fellow Director of Marco Mens Club, Marco Fishing Club, Marco Shrine Club and Editor of their newsletters. Past Commodore-Marco Cruise Club Search & Rescue pilot- Marco Island Squadron,Civil Air Patrol ( CAP) Education: BA Haverford College '50 . Experience I Background: Was a real estate broker and appraiser since 1960. Retired in 1996. Was a specialist in appraising non- residential real estate and admitted to many jurisdictions as an expert-witness - 8/22/2005 Page 1 of2 Agenda Item No. 9A October 11, 2005 Page 17 of 21 ~on_s ~m: advisoryboards@colliergov.net Sent: Wednesday, August 10, 200510:08 AM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiaml Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 "...tIr" .~. "J . .A . ." ? .' ;" . 'f*' August 10,2005 Application for Advisory Committees I Boards Name: Cynthia Carroll (Cindy) Home Phone: 239-455-8591 - Home Address: 5230 Tamarind Ridge Drive "} City: Naples Zip Code: 34119 Fax Number: 239-775-2154 Business Phone: 239-775-1147 Email Address:cindy@carrollandcarroll.com Place of Employment: Partner, Carroll & Carroll Real Estate Appraisers 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: Historic/Archaeological Preservation Board At Category: (if applicable) Real Estate/Land Development 8/22/2005 Page 2 of 2 Agenda Item No. 9A October 11, 2005 Page 18 of 21 Do you currently hold public office? No . Do you now serve, or have you served on a Collier County board or committee? If yes, please list the boards I committees: Golden Gate Estates land Trust Yes Please list your community activities: No information provided. Education: Graduate Naples High School State Certified Residential Real Estate Appraiser #615 SRA Designation Awarded by the Appraisal Institute - Experience I Background: Fourth Generation Native of Collier County Residential Real Estate Appraiser since 1986 Real Property Manager for Collier County 1982183 Strong interest in the Archaeological, Historical & Architectural History of Collier County - 8/22/2005 Page 1 of 2 Agenda Item No. 9A October 11, 2005 Page 19 of 21 ......~on_s ~m: advisoryboards@colliergov.net Sent: Monday, August 08,20054:04 PM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 ~~t~1 .~.I ........ , 'J . ;; ~ r.' o . ~ " .., ": '. . it' .t r ~ .... August08,2005 Application for Advisory Committees I Boards Name: Patricia A. Huff Home Phone: 239-695-2397 - Home Address: 207 N. Storter Avenue ~ City: Everglades City Zip Code: 34139 Fax Number: 239-695-0744 Business Phone: 239-695-2284 Email Address:snookcity@hotmail.com Place of Employment: Snook Publications, Everglades City, Florida How long have you lived in Collier County? 10-15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Historical and Archaeological Preservation Board Category: (if applicable) No information provided, 1 Do you currently hold public office? No 8/22/2005 Page 2 of2 Agenda Item No. 9A October 11, 2005 Page 20 of 21 - Do you now serve, or have you served on aYes Collier County board or committee? If yes, please list the boards I committees: Economic Development Council Advisory Board, 1996 Everglades City Advisory Committee (appointed by Commissioner Barbara Berry) 1999-2000 -- Please list your community activities: Everglades Society for Historic Preservation - Chairperson, 2004-pres. Friends of the Museum of the Everglades, Board Member 2002-present; Vice-President 2005-present; Past-President 2003-04 Friends of Fakahatchee Strand, Board Member 2001-05; Vice President 2002-03; President 2003-04 Everglades Association (formerly Florida National Parks & Monument Assn), Board Member 2001 - present ReachOut Everglades, Board Member 1999-present Volunteer, Museum of the Everglades, 1999-present Volunteer and Tutor, Everglades City Elementary and Middle School, 2000-present Everglades City School Advisory Council (SAC) Board Member, President 2001-03 "Outstanding Business Partner in Education" 2004, The Education Foundation of Collier County Education: Masters in Business Administration Owen Graduate School of Management, Vanderbilt University Nashville, Tennessee Graduated from the Executive MBA Program 1985 Experience I Background: Editor and Publisher, "What's Happening Around Town", Snook Publications 2001 - present First Vice-President, Investments, Raymond James & Assocs., 1985-2001 Marketing Consultant, Cheeca Lodge, Islamorada, Florida 1984-85 Administrative Assistant, Vanderbilt Univ. School of Medicine, 1974-1984 Instructor, Medical Careers of Alabama 1973 Assistant to the Chairman, Program Organizing Committee, International Congress of Endocrinology, Heidelberg, Germany 1971-72 Administrative Assistant, Vanderbilt University School of Medicine, Nashville, Tennessee 1965-70 . 8/22/2005 -- .~ RECEIVED Agenda Item No. 9A October 11, 2005 Page 21 of 21 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory Committees/Boards Name: Thomas W. Franchino Home Phone:239-513-9663 Home Address: 183 Westwood Drive Zip Code: 34110 Fax No.239-263-0445 Business Phone: 239-263-8357 e-mail address:Tom@FranchinoLaw.com Place of Employeement: Thomas W. Franc hino, p, A, Board or Committee Applied for: Historical Archaeological Preservation Board Category (if applicable): Example: Commission District, Developer, environmentalist, lay person, etc. How long have you lived in Collier County: Years 18 8 Months Are you a registered voter in Collier County: Yes x No ) Do you currently hold public.office? Yes If so, what is that office? No x Have you ever been convicted of any offense against the Law? If yes, explain: x No Yes Do you now serve, or have you ever served, on a Collier County board or committee? Yes X No If yes, please list the committeeslboards: Historical Archaeolo2ical Preservati on Adv:b:;oT'Y Board Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Board/Officer Southwest Florida Archaeoloiical Society Board/Officer Oak Park Condominium Association Education: University of Illinois B.A. Kansas University School of Law. .J .D. Experience: Practicin~ attorney for 23 years Please attJzch any additiolUll information you feel pertinent. This IIpplication should be fOJ'WQrded to Sue Filson. Executive MalUlger to the Board of County Commissioners, 3301 East Tamiami TraU, Naples, FL 34112. If you wish, please fax your application to (239) 774-3602 or e-mail tosuefllson(ii1collieroov.net. Thank you for volunteerIng to serve the citlzens of Colller County. EXECUTIVE SUMMARY Agenda Item No. 9B October 11, 2005 Page.1 of 3 - APPOINTMENT OF COMMISSIONER TO SERVE ON THE COUNTY CANVASSING BOARD OBJECTIVE: To appoint a Commissioner to serve on the County Canvassing Board for the 2006 Elections. CONSIDERATIONS: Florida Statutes 102.141 states: (1) The county canvassing board shall be composed of the supervisor of elections; a county court judge, who shall act as chair; and the chair of the board of county commissioners. In the event any member of the county canvassing board is unable to serve, is a candidate who has opposition in the election being canvassed, or is an active participant in the campaign or candidacy of any candidate who has opposition in the election being canvassed, such member shall be replaced as follows: ( c) If the chair of the board of county commissioners is unable to serve or is disqualified, the board of county commissioners shall appoint as a substitute member one of its members who is not a candidate with opposition in the election being canvassed and who is not an active participant in the campaign or cllndidacy of any candidate with opposition in the election being canvassed. (d) If a substitute member cannot be appointed as provided elsewhere in this subsection, the chief judge of the judicial circuit in which the county is located shall appoint as a substitute member a qualified elector of the county who is not a candidate with opposition in the election being canvassed and who is not an active participant in the campaign or candidacy of any candidate with opposition in the election being canvassed. RECOMMENDATION: That the Board of County Commissioners select a Commissioner to serve on the 2006 Canvassing Board who is not a candidate with opposition in the election being canvassed and who is not an active participant in the campaign or candidacy of any candidate with opposition in the election being canvassed. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: October 11, 2005 ,...--..., Item Number: ttem Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 98 Agenda Item No. 96 October 11, 2005 Page 2 013 1011112()05 SI:OO'OO AM To appoint a Cc,rnmisslofHH to serve an the County Cen...a5~1r)g Board for the 200€ Elections Prepared By Dote Sue FII'!>on Bo,m! of County CommIssioners ExecuUvlI Matla~l'Ir to Ull! ace BCCOfficf:' 912t1IZ005 3::55:60 PM Date AI)Proved 8)' J~mes V. Mudd Board Qrcounty Commissioners County Manager County Man<19or't. Office 9124/20059:08 A.M JENNIFER J. EDWARDS SUPERVISOR OF ELECTIONS Agenda Item No. 98 October 11 , 2005 Page 3 of 3 September 21, 2005 REceIVED SEP 2 1 2005 Honorable Fred W. Coyle, Chairman Board of County Commissioners 3301 Tamiarni Trail East Naples, Florida ~~ Dear Chairrn~l~, eamd of County COmIl\ISSiOners The FSASE Canvassing Board Workshop will be held on January 19,2006 at the Caribe Royal Hotel in Orlando. As you are aware, 2006 will be a busy election year and, to ensure success for our Canvassing Board, I strongly encourage that each Canvassing Board member and their alternate attend this valuable training. The changes made to the Election Code in the 2005 legislative session will be one of many topics discussed. The Supervisor of Elections office will pay the registration fee for the workshop, however, we are asking that each attendee be responsible for his or her own accommodatIons and travel. Reservations must be made directly through the Caribe Royal Hotel at 407-238-8436. Please reference the FSASE Canvassing Board Workshop when making your reservations. The rates are $169.00 per night. The tentative schedule is from 8:00 a.m. to 4:00 p.m. Our Collier County Canvassing Board Orientation will be scheduled in February and the first election requiring the 2006 Canvassing Board is the Marco Island Mail Ballot Election on March 14,2006. Subsequent election dates are September 5, 2006 and November 7, 2006. A schedule of the Canvassing Board Orientation and meetings associated with these elections will be sent to the members at a future date. Glease let us know the Board of County Commissioner's designated Canvassing Board member and any other representatives attending this very important training workshop for the 2006 election cycle. To aid in our planning, will you please share this information with us by October 15, 2005. ~~erely, . . ~c-"I . .U4~' J ifer J. E i ds Supervisor lections l Cc: David Weigel, Collier County Attorney Collier Gcwemment Complex - Martin Luther King, Jr. Bldg. . 3301 Tamiami Trail East Naples, Florida 34112-4902 Telephone: 239/774-8450 . Fax: 2391774-9468 Agenda Item No. 9C October 11, 2005 Page 1 of 16 _.. EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE BOARD OF BUILDING ADmSTMENTS AND APPEALS OBJECTIVE: To appoint members to serve a 4-year term, expiring on August 9, 2009, to the Board of Building Adjustments and Appeals. CONSIDERATIONS: The Board of Building Adjustments and Appeals had one term expire on August 9, 2005. This five member board was established by Ord. 83-16 (amended by Ord. No. 91-57); Repealed and amended by LDC, Div. 1.22.1 (Ord. 91-102, as amended) to hear appeals on rejections or refusals by the Building Code Compliance Director to approve mode of construction or materials to be used in construction or alteration of a structure. Membership consists of five members representing the following professions: One state licensed architect or structural engineer; one Class "A" general contractor, one state certified fire protective equipment contractor or State Certified Fire Fighter with the rank of Lieutenant or higher or State Certified Fire Safety Inspector with the rank of Lieutenant or higher; one licensed electrical contractor; and one licensed plumbing or mechanical contractor. Members must be knowledgeable in the following Collier County Codes: Standard Building Code, Electrical Code, Fire Prevention Code, Gas Code, Mechanical Code and Swimming Pool Code. The membership term is four years. The meetings are held quarterly, or on an as-needed basis. This is a Quasi Judicial Board. A list of the current membership is included in the backup. - The terms for Bradley W. Schiffer and Gary F. Hayes expired on August 9, 2005; additionally, we have 1 other vacant term, for a total of 3 vacancies. A press release was issued and resumes were received from the following 3 interested citizens: APPLICANT CATEGORY DlST ELECTOR ADV. COMM. Bradley W. Schiffer Licensed Architect 2 Yes Board of Building Adjustments Re-appointment and Appeals Collier County Planning Comm Jeny P. Morgan Not currently licensed 2 Yes Utility Authority Code Enforcement Bd. John Ashworth Not currently licensed 4 Yes None COMMITTEE RECOMMENDATION: Quasi-Judicial- no recommendation NOTE: Ordinance No. 2001-55, Section Five (C) states: "Categories of expertise referenced by County Boards' Ordinances as qualifications for Board membership are considered to be primarily directory and not mandatory." FISCAL IMPACT: NONE GROWTH MANAGEMENT IMP ACT: NONE .- Agenda Item No. 9C October 11 , 2005 Page 2 of 16 RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint members to the Board of Building Adjustments and Appeals, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: October 11, 2005 .- Agenda Item No, 9C October 11, 2005 fJilge 3 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS hem Number: 9C Item Summary: Meeting Date: Appointment cl iTl('Jmher~ to the Board of Buildmg Adjustment!i and APpeals 1f)i111200S gOD:OO At!: Prepared By Sue FiI'(Ioo Executive Manager to the Bee D<ltD BOilrd (If County Comml$sIGll"r!O 8CCOnlce 9/28/2006 3:35:e.O PM ApllrO\'ed By James V, Mudd COUl1ty Manaoer Datil Board of County Commi~$jon.rs County MtJl'\llg(!r',. Office 9129/20058:20 PM Agenda Item No. 9C October 11, 2005 Page 4 of 16 Memo To: Sue Filson From: Bill Hamrrond, Director, Building Review and Permitting Date: 9/23/2005 Re: Board of Adjustments and Appeals Candidates I have reviewed the candidate applications submitted; in accordance with Collier County Land Development Code section 8.05.03, A., I forward the following; Jerry P. Morgan - the resume submitted does not contain information detailing the candidate meets the qualifications for membership on.the Board as required per code section noted above. John Ashworth - the resume submitted does not contain information detailing the candidate meets the qualifications for membership on the Board as required per code section noted above. Bradley W. Schiffer - the applicant holds an active license as an architect and the resume submitted meets the qualifications for membership on the Board as a state licensed architect, per the section noted above. Cc: file Agenda Item No. 9C October 11 , 2005 Page 5 of 16 Board of Building Adjustments and Appeals Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Bradley W. Schiffer 213-0791 11/13/01 08/09/05 4 Years // 520 Sugar Pine Lane 213-0791 Naples, FL 34108 E-Mail: District: 2 Category: Architect VACANT 05/13/02 08/09/04 Naples, FL E-Mail: District: Category: Class "A" General Contractor Mr. Leo F. Rodgers 657-2700 07/29/03 08/09/04 1 Year 1101 Monroe Street 657-3601 11/16/04 08/09/08 4 Years ,-- Immokalee, FL 34142 E-Mail: ifdinsp30@earthlink.net District: 5 Category: Lt. Fire Inspector Mr. Gary F. Hayes 643-5746 08/05/97 08/09/01 4 Years V". 341 Airport Road North 11/13/01 08/09/05 4 Years Naples, FL 34104 E-Mail: District: 4 Category: Plumbing Contractor Mr. Kenneth R. Rech 403-2499 11 /16/04 08/09/08 4 Years 1491 25th Street, S.W. 455-1119 Naples, .FL 34117 E-Mail: kenrech@swfla.rr.com District: 5 G'ategory: Licensed Engineer .r-[, Friday, February 11,2005 Pa.ge 1 of 2 Agenda Item No. 9C October 11, 2005 Page 6 of 16 Board of Building Adjustments and Appeals Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member advisory board was created by Ordinance No. 91-102, as amended to hear appeals on rejections or refusals by the Building Code Compliance Director to approve mode of construction or materials to be used in construction or alteration of a structure. Membership consists of 1 state licensed architect or structural engineer; 1 Class "A: general Code, Electrical Code, Fire Prevention Code, Gas Code Mechanical Code and SWimming Pool Code. Terms are 4 years. ~...bel9 BF8 req"ired to fil~ a F9FFR 1 StGtctm;" It uf Fir tal ~dllhle.reM east:! Yi'aL. ...wit" t"e Otfpe....i!lOr of elections. QUASI JUDICiAl FL STAT none Staff: Bill Hammond, Bldg Review & Permitting Director: 403-2442 Friday, February 11, 2005 Page 2 of2 Agenda Item No. 9C October 11, 2005 Page 7 of 16 8.05.00 BUILDING BOARD OF ADJUSTMENTS AND APPEALS 8.05.01 Establishment and Purpose A. There is hereby established a Building Board of Adjustments and Appeals ("Building Board"). B. The purpose of the Building Board is to provide a decision-making body through which an owner of a building or structure, or his duly authorized agency, may appeal the rejections or refusal of the building official to approve the mode or manner of construction proposed to be followed, or materials to be used, in the erection or alteration of that building or structure, or when it is claimed that the provisions of the Florida Building Code and Florida Fire Prevention Code, as listed in Chapter One, do not apply, or that an equally good or more desirable form of construction can be employed in a specific case, or when it is claimed that the true intent and meaning of such codes. or any of the regulations thereunder, have been misconstrued or wrongly interpreted by the building official. 8,05.02 Powers and Duties The Building Board shall have the following powers and duties: A. To review and approve, with or without modifications or conditions, or deny an appeal from a decision of the building official with regard to a variance from the mode or manner of construction proposed to be followed, or materials to be used, in the erection or alteration of a building or structure, or when it is claimed that the provisions of the Florida Building Code and Florida Fire Prevention Code, as listed in Chapter One, do not apply, or that an equally good or more desirable form of construction can be employed in any specific case, or when it is claimed that the true intent and meaning of such building codes and technical codes or any of the regulations thereunder, have been misconstrued or wrongly interpreted by the building official; B. To accept appeals and render decisions pursuant to interlocal agreements between the County and independent fire districts which have entered into such agreements; C. To recommend to the BCC additional or amended rules of procedure not inconsistent with this LDC to govern the Building Board's proceedings; and D.. To make its special knowledge and expertise available upon reasonable written request and authorization of the BCC to any official. department, board, commission, or agency of the County, state, or federal governments. 8.05.03 Membership A. Qualifications. The Building Board shall be composed of five (5) regular members appointed by the BCC. The Collier County Fire Marshall's Association may recommend for consideration by the sec those two (2) members, one (1) of whom would be an Agenda Item No. 9C October 11, 2005 Page 8 of 16 architect or engineer, and one (1) of whom must be a fire protection specialist. The Building Board shall consist of members engaged in the following occupations who, by reason of education, experience, and knowledge, are deemed to be competent to sit in judgment on matters concerning the Florida Building Code and Florida Fire Prevention Code, as listed in Chapter One: 1. One (1) state-licensed architect or one structural engineer; 2. One (1) class A general contractor, 3. One (1) state-certifled fire protective equipment contractor or state-certified firefighter with the rank of lieutenant or higher, or state certified fire safety inspector with the rank of lieutenant or higher; 4. One (1) licensed electrical contractor; and 5. One (1) licensed plumbing or mechanical contractor. B. Term. The members shall serve for a tenn of four (4) years, except for initial appointees who shall serve as follows: two (2) for a term of one (1) year, two (2) for a term of two (2) years; one (1) for a term of three (3) years. 8.05.04 Quorum Three (3) members of the Building Board shall constitute a quorum. In varying the application of any provision of the Florida Building Code and Florida Fire Prevention Code, or in modifying an order of the building official or the public safety administrator, an affirmative vote of not less than three (3) Building Board members shall be required. 8.05.05 Rules of Procedure A. The Building Board shall establish rules and regulations for its own procedure not inconsistent with the provisions of the Collier County Building Code. B. The building official shall act as secretary of the Building Board and shall make a detailed record of all its proceedings, which shall include, but shall not be limited to, all appeal decisions, the reasons for its decisions, the vote of each member participating therein, the absence of a member, and any failure of a member to vote. Agenda Item No. 9C October 11 , 2005 Page 9 of 16 MEMORANDUM FROM: Sue Filson, Executive er Board of County Commissio RECEIVED JUl f 3 2005 DATE: July 11, 2005 TO: Elections Office .. Boerd of County CommIuIonera 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. BD OF BLD ADJ AND APPEALS COMMISSION DISTRICT John Ashworth 1051 Third Street South. Unit 101 Naples, FL 34102 0; eX 1 Bradley W. Schiffer 520 Sugar Pine Lane Naples, FL 34108 Jerry P. Morgan 2350 Mont Claire Drive, #201 Naples, FL 34109 Thank you for your help. MEMORANDUM Agenda Item No. 9C October 11 , 2005 Page 10 of 16 DATE: July 11, 2005 TO: Bill Hammond, Building Revie~an ermitting Director Sue Filson, Executive Manager .. Board of County Commissione FROM: RE: Board of Building Adjustments and Appeals As you know, we currently have vacancies on the above-referenced advisory connnittee. 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: Bradley W. Schiffer 520 Sugar Pine Lane Naples, FL 34108 Jerry P. Morgan 2350 Mont Claire Drive, #201 Naples, FL 34109 John Ashworth 1051 Third Street South, Unit 101 Naples, FL 34102 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. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments ~un 30 05 08:49a TAXIS NAPLES J VIA FAX this sheet plus 1 for Sue FUson Executive~aD8ger Board of County Commissioners 239.714.3602 brad scbift'er/T AXI S, Inc. Architects and Planners AA COOO600 520 Sugar Pine Lane Naples, Florida 34108 239.254.0285 June 27,2005 Dear Sue; -, 239 -254-0417Agenda Item No. fj'c 1 October 11, 2005 Page 11 of 16 RECEIVED JUN 3 0 2005 Board of County Commissioners Please find attached my application for the Board of Building Adjustments and APpeals representing the Licensed Architect along with my resume. Feel free to contact me with any questions or concerns. you notify me that you have received this. -. - . . Jun 30 05 08:4Sa TAXIS NAPLES 23S-254-0417Agenda Item No. ~C2 October 11, 2005 Page 12 of 16 . . OJ' . .' '". . ~ " . .'-" ....:;~:::.:~~;I~'\i~t.j: ..';:It\~L-, "!.'V;ll{~", ':"I'~f>'.h -". :'~~;l;;' 'j~' Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-36()2 . Application for Advisory Committees/Boards ~ 5(.k}\rf-ER Home Phone: l.S1'..Ol.<;;S- Home Address: 5ZD s;';{,~Y2. PWf ~t Zip Code: 34\06 Fax No. 2)'1-, c4\7 Business Phone: 2.5"4. CZ-<sS- e-mail address: 6kJ~ e,AY\\~-';~\<n"\.. Place of Employeement: bru!.\ ~hj.W€t"/T/#..~~~ IljC Board or Committee Applied for: '()~O Or 60H..ow(, /jOSV~H~Jv:OS AvO ArrEt.X..<S Ae.('~WtJJJ Name: Category (if applicable): Example: Commission Distriet. D~eloper. eDvironmentalist, lay person, elc. How long have you lived in Collier County: Years f) Are )'ou a registered voter in Collier County: Yes V Months l'\o Do you currently hold public office? Yes If so, what is that office? No ../ Yes ~o ..,/' Have you ever been convicted of any offense against the Law? If yes, ex plain: Do you now serve, or have you ever served, on a Comer County board or committee? Yes ~ No If yes. please list tbe committeeslboards: r~A.\1.D (jf l3\iiWVJ(, AO~\t~til.;\~JJ()S ~\.iO AP'CEeLS G9Ll..l~ c.t)(1/J't'j i-lAAJJJ\UC, 69Nw\IS~/OA J Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: ~~ ~l~J~tr> Education: sa:: ~~t.D Experience: SEe- ~~r~ Pluse tlttach <IllY lUiditiD_I informatitm Y"U feer pt:rnnent. Tltis appliClllion should be forwarded to SlIe Filson, Executive MQnacer tq the Bllard ofCoWJty Cbmmlssloncrll, 3101 EiISt TIIMilzmi Trail, Ntlpies, FL 341]2 /fyoll. wUh,pletlsefQX)'Dur applicimon to (239) 774-3601 tw e-mail to sllefil:JD,.u;.cblLie~o"."eL TllIsnk you for volunteering to ~erI't! the dti.:sm of CA/lhr Ullllty. Jun 30 05 08:49a TAXIS NAPLES 239 - 254 - 041 7Agenda Item No. flc 3 October 11 , 2005 Page 13 of 16 -J ~ .-1 BRADLEY W. SCHIFFER brad schifferfTAXlS, Inc. AreIlltec:ture & Planning 520 Sugar Pine Lane Naples. Florlda 34108 239.254.0285 Registrations: Registered Architect in ROOda, #AR..QO07134, 1976 Professional Occupation: Brad SchifferlTAXIS loe. Fl#AA-C000600 1978-Present Academic Qualifications: Ohio Stale University. Bachelor of Architecture, 1972 Academic Appointments: Adjunct Professor, Miami-Dade Community College, 1988-2001 Advanced Computer-Aicled De8ign and Drafting EnvironmeAtaI Technology Professional Associations: American Institute of Architects National rll"8 Protection Association (NFPA), 1985-Present Member of the Technical CommlUee of Building ConstI\ldion Member of the Technical CommlUse of Fire Safety Symbols NaIionallnstitute of BuUding Sciences (NISB), 1999-Present Member of NatiOnal CADD StanclaR1 Project COmmittee Member of the Future Trends. Task Team . Member of the Object StandaIds Task Team International Code Council (ICC) Foundation for Modem Architecture, loe., 1992-Present Member of the Board of DlredDrs Civic Associations: ROOda Fire Code Advisory Council, 2004-Present Collier County Plaming Commission, 2003-Present Collier County Building Board of Adjustments and Appeals. 2001-Present Collier County Architectural Standards Review Committee Concept House, Inc" a residential substance abuse faciUty Member of the Board of Directors 1978-2000 : President, 1996-2000 Professional Competitions: Honorable Mention, "Brickell Avenue Bridge Competilion,"1990 CoorcIinating ~lteds wlth Prlncip&l Arctlltec:t KenzoTange, "Dade County Administration Building," July 1978 HOtIorable Mention, "Biscayne West Competition," Paul Rudolph and Hany Weese, Juclgell, 1975 FII'St Prize, "Architecture 1980 Competition," R. Buckminster-Fuller, Judge, 1972 r 03/14/2005 09:1& FAX 9417743602 RECE.'\JED . M~R .:,5 2005 ~ . eoard of Qo\1f\ty co r. .C& Cmmty Bee Agenda Item No, 9C Ocfl>_x 11, 2005 Page 14 of 16 Applia:~on for Advisoa:y CommitteeslBoar4s BoanI olCaut:;r c-1II~ 3301ltM1 ~ 'rr.iI N.,.IL34112 (D!') 77...,., :Wax: (%B) 774-31iD2 - N lIIIIC: HD1Jle Address: :a- Ptlae: PIaer of e-mail ..wrest: BNI'd er COllUllittee A we L.-S . "........,..J-. .'".,.".."..,..j1IIII,.".,.. n.r. 'Y'_ r, . ......,..JMIJ - .....,~.. 11_........_ .~.,~,., .. .....JJG..2"___:hC.~n.u111 ",......"...,.,_.,.,- ~ ..~_.. ....- ""'--.- n...t"..,tW. .......-...c.w.-.,aIJir~ . t . d dSv:Ol VO 72 ~d~ Page 1 of2 Agenda Item No. 9C October 11, 2005 Page 15 of 16 -'00_5 _m: advisoryboards@colliergov.net Sent: Saturday, March 12,20059:35 AM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 C. fIJI' ....... I '; . "" . . ~ r.' : . ._~ March 12, 2005 Application for Advisory Committees I Boards Name: John (Jack) Ashworth Home Phone: 239-435-7238 Home Address: 1051 Third Street South, Unit 101 City: Naples Zip Code: 34102-7040 ~ Fax Number: 239-435-7238 Business Phone: No information provided. Email Address:nacksh2@wmconnect.com Place of Employment: Retired How long have you lived in Collier County? 5-10 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Building Adjustments & Appeals Category: (if applicable) No information provided. -) Do you currently hold public office? No 3/14/2005 Page 20f 2 Agenda Item No. 9C October 11, 2005 Page 16of16 . Do you now serve, or have you served on a No Collier County board or committee? Please list your community activities: None to date Education: SA in Forestry, Purdue University, 1959 Experience I Background: Real Estate Sales 1981-1986 Certified General Real Estate Appraiser 1985-1999 (retired) . . 3/14/2005 EXECUTIVE SUMMARY Agenda Item No. 90 Qctober 11,2005 Page 10f 10 ,- APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY AIRPORT AUTHORITY OBJECTIVE: To appoint 1 member representing Everglades City to fulfill the remainder of a vacant term expiring on August 10, 2007, to the Collier County Airport Authority. CONSIDERATIONS: The 7 member Airport Authority was created on June 22,1993, by Ordinance No. 93-36 and has the responsibility for the construction, improvement, equipment, development, regulation, operation and maintenance of the airports and airport facilities. Members of the Authority shall be residents of Collier County with business ability and experience in one or more fields which, by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource conservation or other related fields. There shall be at least 1 member of the Authority appointed from each of the communities of Immokalee, Marco Island, and Everglades City if a qualified candidate who resides within the respective area is available for appointment to the Authority. No person holding elected office at the State, County, or Municipal level shall be appointed to, or be a member of, the Authority. Members must file a Form 1 Statement of financial Interests each year with the Supervisor of Elections. A list of the current membership is included in the backup. Mr. E. Raymond Rewis, representing Everglades City, resigned on August 2,2005. A press release was issued and 1 resume was received from the following interested citizen: - APPLICANT CATEGORY DIST ELECTOR AnV. COMM. I Charles L. Wright, Jr. I Everglades Resident ~ None COMMITTEE RECOMMENDATION: Quasi-Judicial- no recommendation FISCAL IMPACT: 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: OCTOBER 11, 2005 "" - Ayendeltem No_ 90 October 11, 2005 Page 2 of 10 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9D Item Summary: Meeting Date: Appaintmf!nt of member to the Celtler COUl1t', AirpclrlAulhorily 10/1112005900.00 AM Prepared B)o' SUI,! Fillion Encutive Manager to tilt': Bee ""'" Bl.>ard of County Commjssic.ner~ Bec 01fiee 9/2812005 3~35:60 PM Approved By JarMcS V. Mudd County Manager Date Board 01 Cour~ty Commi\\slonert; County M3nngN''& Offioe 9129120053;23 PM -&-+.''C AlRPO,~ COLLIER COUNTY AIRPORT AUTHORITY ~ ..,~ 2005 MainsaIl Drive, Ste. 1 ~ ~ Naples, FL 34114-8847 ::::I I~ =- (239) 642-7878 ~ V ~ Fax (239) 394-3515 www.collieraviation.com September 13,2005 Sue Filson, Executive Manager Collier County Board of Commissioners 3301 E. Tamiami Trail Naples, FL 34112 Dear Sue, RE: Airport Authority Board The Collier County Airport Authority (CCAA) Board has reviewed the application for the above-referenced Board, and has concluded that the applicant is qualified to serve as a member on the board. Applicant Charles L. Wright, Jr. Area( s) of Expertise Engineering and Business, Everglades Resident Please contact us at 642-7878 Ext. 34, if you need additional information from the Airport Authority. Thank you. ~ Theresa Cook Executive Director Attachment: Application o Marco Island Executive Airport 2005 Mainsail Drive Ste. 1 Naples, FL 34114-8847 (239) 394-3355 (2391 642.5427 Fax o ImmOl<alee RegIOnal Airpoirt 165 Airport Boulevard Immol<alee, FL 34120 (239) 657-9003 (239) 657-9191 Fax o Everglades Airpark PO, Box 889 650 E.C. Airparl< Road Everglades City, FL 34 1 39 (239) 695-2778 (239) 695-3556 Fax Airport Authority Agenda Item No. 90 October 11 , 2005 Page 4 of 10 Name Work Phone Appt'(/ Exp. Date Term Home Pirone DoteRe-appt 2ndExpDate 2nd Tam Mr. Robert E. Doyle, Jr. 434-4954 11/23/99 3201 70th Street, S.W. 263-0929 09/10/03 Naples, FL 34105 E-Mail: red@quarles.com District: 3 , (ategory: LegaVEDCfPilot ,j , r "\(' /, '\ \l ,,-" Mr. E. Raymond Rewis (('7 -:y , 695-4902 06/12/01 P.O. Box 390 S' 695-4270 09/10/03 Chokoloskee, FL 34138 E-Mail: Db,tricf: 5 Oltegory: AviationlEverglades City Mr. Byron J. Meade n5-0623 06/08/04 1303 Cobia Court n5-0623 09/13/05 Naples, FL 34102 E-Mail: jmeade6000@aol.com District: 4 Category: Business and Finance Mr. Richard Schmidt 09/13/05 2786 Orange Grove Trail 354-3490 Naples, FL 34102 E-Mail: rschmidtI956@earthlink.net District: 5 Category: General Business Mr. Stephen L. Price 657-3171 08/10/93 1400 N. 15th Street 657-1014 09/13/05 Immokalee, FL 34142 E-Mail: Di.~tr;cf: 5 Category: PilotlFinanceIBusinessman WednesdaJ" September 14. 2005 Page 1 of 3 08/1 0/03 08/1 0/07 08110/03 08/1 0/07 08/10/05 08/1 0/09 08/1 0/09 08/1 0/97 08/1 0/09 4 Years 4 Years 2 Years 4 Years 1 Year 4 Years 4 Years 4 Years 4 Years Airport Authority Name Work Phone Home PllOne Appt'd DateRe-appt Exp. Date 2ndExpDate Agenda Item No. 90 October 11, 2005 Page 5 of 10 Term 2nd Term Mr. James A. Peterka 768-4486 05/13/03 1101 Edington Place 389-4262 09/13/05 Marco Island, FL 34145 E-Mail: District: 1 Category: Public Affairs, General Business, Aviation Mr. Eugene J. Schmidt 383 Harbour Drive, #205 Naples, FL 34103 E-Mail: emaill@mindspring.com District: 4 Category: Aviation 642-7878 09/08/98 263-3444 12/15/04 ,.--. Wednesduy. September U. 1005 Page 1 of 3 08/10/05 08/1 0/09 08/10/99 08/10/07 2 Years 4 Years 1 Year 3 Years Agenda Item No. 90 October 11, 2005 Page 6 of 10 Airport Authority Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 7 member authority was created on June 22, 1993, by Ordinance No. 93-36. Members of the Authority shall be residentS of Collier County with business ability and experience in one or more fields which, by way of example, may include, but are not limited to, general business, economic development, aviation, public affairs, law, finance, accounting, engineering, natural resource cooS8fVation or other related fields. There shall be at least 1 member of the Authority appointed from each of the communities of Immokalee, ~ Island, and Everglades City if a qualified candidate who resideS within the respective area is available for appoinbnent to the Authority. No person holding eIec.ted office at the State, County, or Municipal level shall be appointed to, or be a member of, the Authority. Members must file a Form 1 Statement of financial Interests each year with the Supervisor of Elections. Tom Palmer, County Attorney 774-8400 Board meets 2nd Monday of each month FL STAT 330 & 333 Staff: Theresa M. Cook, Executive Director, Airport Authority: 642-7878 WedneSQa.l'. September 14. 2005 Page 3 of 3 Agenda Item No. 90 October 11, 2005 Page 7 of 1 0 MEMORANDUM r ~.- .":f" .,\ . ~D t. . ...J DATE: September 12, 2005 TO: Elections Office J} Sue Filson, Executive Manager I Board of County Commissioner 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. AIRPORT AUTHORITY ct fl9S- ql/}1 (dlll~O[ff1 Charles L. Wright, Jr. ;;:~ Ill, \,;I~ I' I , (yJ 620 Collier Avenue ~\ '3 '1 A.:" P.O. Box 670 l' (Y S"D VI of}' Everglades City, FL 34139 1(/ 3 COMMISSION DISTRICT :! 5 Thank you for your help. MEMORANDUM Agenda Item No. 90 October 11, 2005 Page 8 of 1 0 DATE: September 12,2005 FROM: Theresa M. Cook, Airport AU}' Executive Director Sue Filson, Executive Manager . Board of County Conunissioner TO: RE: Collier County Airport Authority As you know, we currently have a vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Charles L. Wright, Jr. 620 Collier Avenue P.O. Box 670 Everglades City, FL 34139 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. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Agenda Item No. 90 October 11, 2005 Page 9 of 10 . Application for Advisory CommitteelBoards Name: Charles L. Wright, Jr. Home Phone: 239-695-1074 Home Address: 620 Collier Ave (PO Box 670)~ Everglades City, 34139 Fax No. 695-9108 Business Ph. 695-9107 Email: (_~.it.ll-~~~_:L~~LI.!..cL~JH lk (II (lskccC h~ll ier:.; C~:LU Business: Professional Fishing Guide, Engineer Board or Committee Applied for: Airport Advisory Category (If applicable): Lay Person Are you a registered voter in Collier County - Yes . Do you currently hold public office - No Do you now serve or have you ever served on a Collier County board or committee? No Please list your community activities (civic clubs, neighborhood associations, etc and positions held . President, Seaboard Villas Homeowners Association - Everglades City . Board of Directors~ Florida Guides Association . Member, US Coast Guard Auxiliary . Member, Parkway Village Condo Assn. . Member, Glades Haven Condo Assn. . Member~ Glades Haven Marina Assn. . Weeldy Columnist for two small newspapers in the County . ... Agenda Item No. 90 October 11 . 2005 Page10of10 ..J Education . BS in Engineering (Honors); University of Florida ;82 Experience . Everglades City Permanent (year-round) Resident . Everglades Airpark Hanger Tenant and Aircraft Owner - eight years . Property Owner in Everglades City/Chokoloskee since '92 . Pilot since '77; Certified Instrument Flight Instructor since '79 . US Coast Guard Captain . Experienced Business Manager - President, Industrial Automated Solutions -- 80's - early 90's; Vice President, Universal Solutions (Engineering) '95 - 00; President, Chokoloskee Enterprises, Inc. - currently . Significant experience with contract negotiations and dispute resolutions . Personnel and management throughout business career . Experience public speaker . Published Outdoor Writer --) 1 EXECUTIVE SUMMARY AgendElltemNo. 9E OGt6ber.11, 2005 PElge 1 of 11 APPOINTMENT OF MEMBER(S) TO THE IMMOKALEEENTERPRISE ZONE DEVELOPMENT AGENCY AND CONFIRMATION OF CHAIRMAN AND VICE CHAIRMAN OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term expiring on April 7, 2007 to the Immokalee Enterprise Zone Development Agency and confirmation of the Chairman and Vice Chairman. CONSIDERATIONS: The Immokalee Enterprise Zone Development Agency has 1 vacancy due to a resignation. This 13 member committee was created on March 28, 1995, by Ordinance 95-22 to induce private investment into distressed areas to create economic opportunities and sustainable economic development for designated areas. To permit Collier County to participate in this program, the Board of County Commissioners nominated the Immokalee Community to be considered by the Florida Department of Commerce for Enterprise Zone designation in Resolution No. 95-248, approved March 28, 1995. As part of the formal application for an Enterprise Zone, the State required that a committee consisting of a broad base of citizens be established. The committee has representation from the Chamber of Commerce, financial or insurance entities, businesses operating within the nominated area, residents living within the nominated area, nonprofit community-based organizations operating within the nominated area, local private industry council, local code enforcement agency, and local law enforcement agency. This committee also serves as the Immokalee Redevelopment Board. A list of the current membership is included in the backup. On June 14, 2005 the Board of County Commissioners declared 1 seat vacant. A press release was issued and 1 resume was received from the following interested citizen: APPLICANT CATEGORY DlST ELECTOR AnV. COMM. I Julio Estremera I Nonprofit community based org. I~I None COMMITTEE RECOMMENDATION: Julio Estremera- term expiring 04/04/07 NOTE: Ordinance No. 95-22, as amended, establishing the Immokalee Enterprise Zone Development Agency, is governed by Subsection 290.0056(5), Florida Statutes, which requires that the governing board (the Board of County Commissioners) shall designate a Chairman and Vice Chairman from the Agency members. RECOMMENDA TION: Chairman - Fred N. Thomas Vice Chairman - Robert W. Soter FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA TION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member and confirm the Chairman and Vice Chairman, and direct the County Attorney to prepare a resolution confirming the appointments. <.."--' Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: OCTOBER 11, 2005 Agenda Item No 9E Or:tober 11, 2005 Page 2 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Da1e: 9E Appointment of !T\('lmt,~r tCl the Immokall'l(,: EZ.OAJCRA Advisory Board 10/11/20059:0000 AM Prepared B)' Sue Fillion Executive Manager to th~ ace o.te Board of County Commls....lonen, Bee Office 912812006 J;35;Sij flM Allproved By JJlmes V. Mudd Botlrd of County Comml$!iioners County Mi'lnaqer Date County ManagQr', Office 9/2lt/20(l5 8:27 PM Agenda Item No. 9E October 11, 2005 Page 3 of 11 o Memorandum To: Sue Filson, Executive Manager, BCC From: Nicole Fernandez, Senior Planner, Comprebensive Planning Date: September 27,2005 RE: Immokalee Local Redevelopment Advisory Board Recommended Appointments On September 21, 2005, the Immokalee Local Redevelopment Advisory Board _ recommended the appointment of Julio Estremera to the Board. He represents a nonprofit community-based organization operating with the nominated Enterprise Zone (qualifying category per Ordinance 97-81). The Advisory Board also recommended the appointment of Fred N. Thomas. Jr. as Chairman, and Robert W. Soter as Vice-Chairman, to the Board of County Commissioners. Please let me know if you have any questions. Agenda Item No. 9E October 11, 2005 Page 4 of 11 Immokalee Enterprise Zone Development Agency Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Fred N. Thomas, Jr. 657-8181 04/04/95 04/04/96 1 Year 1205 Orchid Avenue 657-5447 04/26/05 04/04/09 4 Years lmmokalee, FL 34142 E-Mail: futjr@aoLcom District: 5 Category: Resident in Zone Mr. Richard Heers 229-9970 09/21/04 04/04/07 3 Years 507 N. 18th Street 657-4524 lmmokalee, FL 34142 E-Mail: rkheers2u@aol.com District: 5 Category: Resident of Zone Mr. Ira J. Malamut 658-3560 03/23/99 04/04/03 4 Years 11990 Wedge Drive 04/08/03 04/04/07 4 Years Ft. Myers, FL 33913 E-Mail: District: 0 Category: Non-profit Organization Ms. Sonya L. Tuten 657-5519 09/21/04 04/04/07 3 Years 1292 CR 830 825-4965 Felda, FL 33930 E-Mail: agtronix@aol.com District: 0 Category: Chamber of Commerce Mr. Bernardo Barnhart 657-3171 04/26/05 04/04/09 4 Years 913 Laurel Street 657 -5328 Immokalee, FL 34142 E-Mail: Bbarnhart@FloridaCommunityBank.net District: Category: Finanical Entity .~- Thursday, June 16; 2005 Page10f4 Agenda Item No. 9E October 11, 2005 Page 5 of 11 Immokalee Enterprise Zone Development Agency Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Curtis Blocker, Jr. 707-2311 04126/05 04/09/09 4 Years 1408 Lemon Tree Drive 657-9070 Immokalee, FL 34142 E-Mail: District: 5 Category: Local Business in the ZonelResident Mr. Floyd Crews 657-2429 I 1/24/98 04/04/99 4 Months P.O. Box 5157 657-2370 04/08/03 04/04/07 4 Years ImmokaJee, FL 34143 E-Mail: District: 5 CaJegory: Residentlbusiness Mr. Robert W. Soter 992-8000 09121104 04/04/07 3 Years 6209 Emerald Pines Circle 561-0154 '--.... Ft. Myers, FL 33912 E-MaiL. rsoter@sfedb.org District: 0 Category: Private Industry Council Ms. Eva J. Deyo 658-3630 04/26/05 04/04/06 1 Year 642 Clifton Street 557-6894 Irnmokalee, FL 34142 E-Mail: evadeyo@earthlink.net District: CaJegory: Resident Ms. Ana Salazar 558-3318 02/08/05 04/04/07 2 Years 1107 Bard Court 303-0737 Fort Myers, FL 33913 E-Mail: ana _ sa1azar@earthlink.net District: 0 Category: Non-Profit Community-Based Organization Thursda.F. June 16,2005 Page 2 of4 Agenda Item No. 9E October 11, 2005 Page 6 of 11 Immokalee Enterprise Zone Development Agency Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Captain Torn Davis n4-4434 06/14/05 3301 E. Tarniarni Trail Naples, FL 34112 E-Mail: District: Category: Local Law Enforcement 04/04/06 1 Year Ms. Cristina Perez 1106 Christian Terrace Immokalee, FL 34142 E-Mail: District: Category: Local Code Enforcement 657-3143 09/21/04 657-5755 04/04/07 3 Years Ms. Denise Blanton 353-4244 12/09/97 14700 Immokalee Road Immokalee, FL 34120 E-Mail: District: 5 Category: non-voting ex-officio member 00/00/00 unlimited flu j( ['c~M 'j - ('I ('t: 1(1 r 't' /f y{r ( ft I~ 1 h ' ('i * ,,, :;- L(.1(-0'1 Thursday, June 16,2005 Page3of4 Agenda Item No. 9E October 11, 2005 Page 7 of 11 .-. Immokalee Enterprise Zone Development Agency Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 13 member committee was created on April 4, 1995, by Ord. No. 95-22 to induce private investment into distressed areas to create economic ClpJX)rtunlties and sustainable economic development for designated areas. Initial members were appointed by Resolution No. 95-249. To pennlt Collier County to participate In this program, the Board of County Commissioners nominated the Immokalee Community to be considered by the FL Depl of Commerce for Enterprise Zone designation in Reso. No. 95-248, approved March 28, 1995. As part of the fonnaJ app for an EZ, the State required that a committee consisting of a broad base of citizens be established. The committee has representation from the Chamber of Commerce, financial or insurance entities, businesses operating within the nominated area, residents, nonprofit communlty-based organizations, local private industry council, local code enforcement agency,aand local law enforcement agency. Amended by Oed. No. 97-81 Terms are 4 years. This committee also serves as the Immokalee Redevelopment Board. FL STA T 290.001 - 290.016 Staff: JlAnl-Dallid MMS, SaRi^'" PI:m~. ('.rvnp PlaARiRS: 213 294... j1Jicefe F-erMt1cf~/ Cern,o f'MHnl~ s~(J- (,;)09 ,..- I Thursda}', June 16, 2005 Page4of4 MEMORANDUM Agenda Item No. 9E October 11, 2005 Page 8 of 11 RECEIVED AUG e 2 2005 Board of County Commissioners DATE: July 29, 2005 FROM: Sue Filson, Executive Manager Board of County Commission \ 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 connnittees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. IMMOKALEE EZDA COMMISSION DISTRICT Julio Estremera 10220 Boca Circle Naples, FL 34109 cR Thank you for your help. MEMORANDUM Agenda Item No. 9E October 11, 2005 Page 9 of 11 DATE: July 29, 2005 TO: Nicole Fernandez, comprehe~iV Janning Sue Filson, Executive Manag -J Board of County Commission FROM: RE: ImmokaIee EZDA As you know, we currently have a vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Julio Estremera 10220 Boca Circle Naples, FL 34109 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Page 10f2 Agenda Item No. 9E October 11, 2005 Page 10 of 11 JilIsoo_s ~m: advisoryboards@colliergov.net """'ent: Wednesday. July 13, 2005 8:34 PM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiaml Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 J,...tlI' ~... ~" . ~.....1 ". .,-:' . '. . . .) ~".'J'4"~ .... July 13, 2005 Application for Advisory Committees I Boards Name: Julio Estremera Home Phone: 239-594-8073 Home Address: 10220 Boca Cir City: Naples Zip Code: 34109 ~ Fax Number: 239-657 -3355 Business Phone: 239-658-3327 Email Address: jestreme@fgcu.edu Place of Employment: Florida Gulf Coast University/SBDC How long have you lived in Collier County? More than 15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Immokalee Enterprise Zone Development Agency Category: (if applicable) Citizen At-Large/Business Consultant .~ Do you currently hold public office? No 7/14/2005 Page 2 of 2 Agenda Item No. 9E October 11, 2005 Page 11 of 11 . Do you now serve, or have you served on a Collier County board or committee? No Please list your community activities: Board Member for The Amigo Center, Past Member Immokalee Rotary Club, Chairperson 2004lmmokalee Career & Service Center, Facility Manager 2002-2004 Immokalee Career & Service Center, Business Consultant/Collier & Lee County Hispanic Chambers of Commerce Education: Some college no degree Certified Business Analyst / Florida Gulf Coast University Small Business Development Center Experience I Background: Business owner for 15 years, Business Consultant for 10 years, Business Administrator/Manager 10 years - . 7/14/2005 EXECUTIVE SUMMARY Agenda Item No. 9F October 11 ,2005 Page 1 of 8 APPOINTMENT OF MEMBER(S) TO THE GOLDEN GATE ESTATES LAND TRUST COMMITTEE OBJECTIVE: To appoint 1 member to a 4 year term, expiring on October 13,2009, to the Golden Gate Estates Land Trust Committee. CONSIDERATIONS: The Golden Gate Estates Land Trust Committee has 1 term expiring on October 13,2005 for applicants residing in Golden Gate Estates Units 21-22,36-47,52-53, 59-93 or those units located south of Alligator Alley. This 5 member committee serves in an advisory capacity to the Board of County Commissioners for the purpose of carrying out the requirements, conditions and various provisions of an Agreement relating to the use of land, or funds derived from the sale of land, conveyed to the County by Avatar Properties Inc. (flkla GAC Properties Inc.). Applicants must reside within the subdivision known as "Golden Gate Estates." Member selection may depend upon location of residence within specific areas (phases) of the Estates. Terms are 4 years. A list of the current membership is included in the backup. The term for Jeffrey Scott Curl will expire on October 13,2005. A press release was issued and 1 resume was received from the following interested citizen: APPLICANT CATEGORY .QIg ELECTOR ADV. COMM. Phase II GG Estates Land Trust Comm. ,.,........- COMMITTEE RECOMMENDATION: Jeffrey Scott Curl 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 appointments. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: OCTOBER 11, 2005 ,- Agenda ilem No 9F October 11. 2005 Page 2 018 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 9~. Appoiniment 01 mc;mber lCJ the Golden c,atP.c Estates Land Tru'io! Committee 10111/20(;5 g,O():OO AM Prepared B)' Sue Fil50n E)lecullve Man3ger to thl') Bee OllIe Boud of County CommislilolllHl. BCCOffiec 9/21/20053:35:60 PM A Ilpro'\'cd By Leo E. Ochs.. Jr. Deputy County Man..ger Oat. BOArd of County CommillSlOI'Hl!ns County Manaller'6 OfficE! 9/30fZ005';()O PM Memorandum Agenda Item No. 9F October 11, 2005 R E C E1\jg'fj ..~-? 2 8 2005 '. __,,, u of County Commissioners To: Sue Filson, Administrative Assistant Board of County Commissioners From: ~ A. Mott, Property Acquisition & Sales Manager &~ Real Estate Services Date: September 28. 2005 Subject: Golden Gate Estates Land Trust Committee The Golden Gate Estates Land Trust Committee Members, at their September 26, 2005 meeting, unanimously recommended the Board of County Commissioners accept the application of Jeff Curl for membership to the Committee. Mr. Curl resides within Golden Gate Estates, Unit 80, Tract 126 (Phase II). Please present the Golden Gate Estates Land Trust Committee's recommendation to the Board of County Commissioners at your earliest convenience. Thank you. Real Property Management Department Agenda Item No. 9F October 11, 2005 Page 4 of 8 Golden Gate Estates Land Trust Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Linda Hartman 274-5400 02/08/05 10/13/07 2.8 Years 794 17th Street, N.W. 455-1739 Naples9 FL 34120 E-Mail: lindamikeh@aol.com District: 5 Category: Phase I Mr. Stephen B. Greenberg 455-1204 10/11/94 10/13/98 4 Years 2780 8th Street, N.W. 455-0640 11/05/02 10/13/06 4 Years Naples9 FL 34120 E-Mail: Distrid: 5 Category: Phase III Ms. Karen M. Acquard 03/1 0/98 10/13/98 8 months 441 24th Avenue9 N.E. 455-8318 11/05/02 10/13/06 4 Years "_.-- Naples, FL 34120 E-Mail: District: 5 CaJegory: Phase I Mr. Je:ffi:ey Scott Curl 261-4007 12116/03 10/13105 2 Years / 4010 8th Avenue, S.E. 304-0958 Naples, FL 34117 E-Mail: curl@jrpllc.com Distrid: 5 Category: Phase II Mr. Charles Purcell VanGelder9 II 597-8774 10/10/95 10/13/99 4 Years 760 7th Street, S.W. 353-5713 10114/03 10113/07 4 Years Naples. FL 34117 E-Mail: red1egnaucc@cs.com District: 5 Category: Phase I ,-- ( Monday, May 16, 2005 Page 1 of2 Agenda Item No, 9F October 11, 2005 Page 5 of 8 Golden Gate Estates Land Trust Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member committee was created by Ord. No. 87-48, amended by Ord. No. 87-98 and 94- 40 to carry out the requirements, conditions and various provisions of an Agreement refating to the use of land, or funds derived from the sale of land, conveyed to the County by Avatar Properties, Inc. (fldla GAC Properties, Inc.) Applicants must reside within the subdivision known as -Golden Gate Estates. - Members must reside within 1 of the 5 phases within the Golden Gate Estates area. Terms are 4 years FL STAT 125.01 Staff: Toni Molt. Supervisor, Real Property: n4-8991 MondilJl, MilJIl~. 2005 Page2of2 Agenda Item No. 9F October 11, 2005 Page 6 of 8 MEMORANDUM DATE: August 22, 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 commission district in which each applicant resides. GO ESTATES LAND TRUST COMMITTEE COMMISSION DISTRICT Jeffrey S. Curl 4010 8th Avenue, S.E. Naples, FL 34117 5' ~ Thank you for your help. .".') '.:::> ., :,:? .:":'- --:"::~ ~:".; :;-,;~l~ ::':::c:. ;<) t..:J ~i'~;. ~:: ,-'n /-' ~? . .....0 _c.fI (.,) o 0 ~ MEMORANDUM Agenda Item No. 9F October 11, 2005 Page 7 of 8 DATE: August 22, 2005 TO: Toni Mott, Real Property ~t Department Sue Filson, Executive Manager / -I Board of County Commission FROM: RE: Golden Gate Estates Land Trust Committee As you know, we currently have a vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Jeffrey S. Curl 4010 8th Avenue, S.E. Naples, FL 34117 Please let me know, in writing, the reconnnendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments 08/10/200~ 10:24 FAX 239 947 0375 Q GradY Minor & Assoc. REO{ih~mdNOo~19F AUG 1 Qctober 11 , 2005 U 200lrage 8 of 8 ~ ') 1 Board of County Commissioners 3301 East Tamiami Trail Naples. FL 34112 (239) 774-8097 Fax: (239) 774-3602 Application for Advisory CommitteeslBoards Name: t.~ % ~ Home phone: ~~ Home Address:~l() ~ 1ft Av~ ~. e.. Zip COde:...2:1-' ~ 7 FaxNO.~1. ()~7t7BUSinessPhone:~7. {J~ ':lOan ad.dreS$:~i~"", CDWl PbeeofEmployeement: 6<.~ MCNt'J~ ~~/ F-"". { Board or Committee Applied for: tAfA~ (rv~ ColtUW/{1J:rae- ; ~~1.JevI er~ ~~ __1_ I Category (it'applicable): ~~ !cr'CVlI~ Eumplc: Commi..ieD DiIV'i", Developer. eIIYlron entalilto lay penon. · Bow lonl have you Bved in Collier County: Yean 7 ~ r::7 Montbs Are you a registered voter in CoWer County: Yes Do you currently hold public office? Yes If so. what is that omee1 No No ~ Have yon ever been convicted of any offense against the Law? If yes, explain: Do.... _....... or'''''''''' ............... ~~"'~~~ ~ / N. If yes, please U5t the comm~Qards: t!ti . MAr~ --' Yes ~I tJf AeJY1~ /'!11? ,.,....-.dt ~ 81U1M-m UfI~ JHI"'f-I pnflMN. 2'Itl.Illppliadlmt .lwaW H~ II/J StII.zru.o.. ~tI MMCP' *' 1M ~/HJ'" ./C.",., C........"z...w.., 3M1 Bat T_"'S 7'M1l. Nqla, FL 3411:z. IJ;yfIJf wiM;. """'''J1()U.r IIpp1JllJllllilx III (239)11..3602 III' _1Iil III ,,-m.-a-UM~.u.II& TIuMk jH)''.{or lIttlIUUMriIII 'IJI Xnf! t1tc dtJr.ImI ojc.lUu C~ ,~ Agenda Item No. 9G October 11, 2005 Page 1 of 43 EXECUTIVE SUMMARY THE ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY ATTORNEY OBJECTIVE: To complete the performance appraisal of the County Attorney. CONSIDERA TIONS: The County Attorney reports directly to the Board of County Commissioners. In order to ensure that the County Attorney Office work performance is coordinated with the direction of the full Board, an annual appraisal and merit consideration are provided in the County Attorney Employment Agreement. This is the annual work plan (Action Plan) previously developed with the Board. The plan uses a 1 - 3 rating guide. The County Attorney has been available to meet individually with commissioners and has provided a self-appraisal relating to the performance standards for review. The Action Plan submitted, unless modified, will serve as the 2006 Action Plan as well. The County Attorney Employment Agreement provides that on the date general wage adjustment are granted generally to Collier County employees, the County Attorney's base- salary shall be modified to reflect the general wage adjustment granted to other County employees. If a _ satisfactory performance rating is provided by the Board of County Commissioners, merit pay shall be awarded from 3% minimum to a 10% maximum. Per the Employment Agreement, all such merit adjustments shall be included in the County Attorney's base salary. FISCAL IMPACT: Depending on the percent of merit pay awarded by the Board, the approximate cost to the general fund, for each year, may range from $5,000.00 to $16,800.00. General (001) Funds are available to support this range of award. GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated with this item. RECOMMENDATION: The Board of County Commissioners complete the annual performance appraisal process for the County Attorney and determine the merit pay award for FY 04/ 05. Such annual performance based merit adjustment for satisfactory performance shall not be below a minimum of three percent (3%) nor exceed a maximum of ten percent (10%) of annual base salary. Submitted by: Fred W. Coyle, Chairman Board of County Commissioners ,- Aqenda Item No. 9G - October 11, 2005 Page 2 01 43 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 9G ThtS ilemto he he.ard at 1000 a,n. after Itell' 1[)B. This ItE'm cO:1llnued from the september 27,2005 Bee Meeting The A.rmual Pe,fClrmance Appraisal for the C.ounty Attorney 10/11/2005 B,OOOO AM Meeting Date: Appro"ed By Date Da\fid C. Weigul County Anorney County Auorney County Attorney Ofrjc;e 9'161200511 :45 AM ApprO\'ed By O(lUl James V. Mudd Board of County Comml!O~loner~ County Manng(lr County Manager's- Office 9/29/2005 B:5S PM Agenda Item No. 9G October 11, 2005 Page 3 of 43 FY 2004 / 2005 Action Plan David C. Weigel, County Attorney The County Attorney is charged with the responsibility of planning, directing and reviewing the activities and operations of the Office of the County Attorney. He is to act as legal advisor and counsel for the Board of County Commissioners, advisory boards and committees, County Manager and his agencies. The County Attorney through the assistant county attorneys and supporting staff represent the County in wide-ranging complex litigation relating to implementation of government policies and capital projects, eminent domain, personal injury, property damage, workplace / personnel matters, finance and land use. The County Attorney is responsible for policy documents (resolutions), legislation (ordinances and special acts), and the drafting or legal review and/or revision of all contracts, real property conveyance documents and other Board signatory documents. The following Action Plan was developed to illustrate and review Board expectations for the County Attorney for the period from October 2004 through September 2005. The Action Plan is based on the broad areas generally expected to be performed by the Managing Partner of a significant law firm, including: legal advice; leadership / organizational direction; communications, public response and outreach; fiscal management; and personnel management. At the conclusion of the fiscal year, the Board of County Commissioners is to perform an annual evaluation of the County Attorney's performance by rating each of the following performance objectives on a 1 to 3 scale. The simplified evaluation rating scale is as follows: [1 - Below Standards; 2 - Meets Standards; 3 - Exceeds Standards]. Individual evaluations will be totaled and averaged to determine the Board's collective evaluation position. Thank you for your time and consideration in this regard. Page 1 of9 LEGAL ADVICE L.1 The County Attorney will provide effective advice, and assure timely responses to both written and oral questions from the Board of County Commissioners, County Manager, his agencies and employees. Self Analysis of L.1 : Agenda Item No. 9G October 11, 2005 Page 4 of 43 MEASURES Ratina Cl Communication skills (written and oral) are effective, clear and concise Cl Responsive to questions Cl Advice demonstrates that the issues have been thoroughly analyzed Cl Advice and ideas are solution-oriented The County Attorney Office attorneys have initiated contacts, schedules and worked closely with Commissioners, the County Manager and staff to counsel and provide solutions to the County's complex legal issues. Some of these issues or projects include Ave Maria, Impact Fee matters. My office endeavors to provide timely, accurate, thoroughly researched responses to the Board of County Commissioners, the County Manager and his agencies. The maximum turnaround for a "rigorous" or complicated Request for Legal Services is 5-10 business days by Office rule. However, more typically, staff and Board Requests for Legal Services are responded to promptly, often within 24 hours or within the desired time. Additionally, staff meetings are held to review agenda packages prior to Board of County Commissioners' meetings to address any potential legal issues that may arise during the Board meeting. _A representative of this office also routinely attends the Oepartment Oirectors' meeting for the Community Oevelopment and Environmental Services Division to provide timely legal input into issues before they become problems. Attorneys in the office routinely assist at the following advisory board meetings: CCPC, EAC, Airport Authority, PVAC, CLB, CEB, CAC, VAB, MPO, TOC, HAAB (Note: In addition to acting as legal advisor to Conservation Collier and the Hispanic Affairs Advisory Board (HAAB), Chief Assistant County Attorney Michael Pettit has also served as staff liaison for HAAB. The County Attorney Office has been responsive, effective and of great assistance to the County Manager and the Board re: research I legal opinions re: Pelican Bay Annexation issues, including reclaimed water, Board I Oistrict history, legal documents and policies. (Assistant County Attorney Thomas C. Palmer) L.2 The County Attorney will assure that the County is provided the best possible representation in all litigation matters. Cl Best utilization of in-house and outside counsel Cl Effective selection of outside counsell expertise in specialized fields Cl Well chosen litigation communication techniques, e.g. public meetings, shade meetings, written and spoken communiques Page 2 of9 Agenda Item No. 9G October 11, 2005 Page 5 of 43 Self Analysis of L.2: The County Attorney Office becomes involved in a variety of types of lawsuits on behalf of or against the County, such as: eminent domain, personal injury, labor law, employment law, contract disputes, lien enforcement, and animal control. Annually the Board is provided a compilation of and status report on all open cases. Most of the cases filed by or against Collier County are handled by in-house counsel when we have the expertise in the area and the personnel available to handle them. In keeping with the Board strategic goal of developing reliable public infrastructure, a multitude of eminent domain cases have been filed during this past year, mostly relating to road and utility projects. We are continuing the practice of having nearly all of these cases filed with five separate parcels/owners as defendants in each case filed. The County Attorney has coordinated closely with the Clerk and the Court, having received authorization to combine up to 5 separate defendants in each eminent domain case, which saves multiple case filing fees (a five-fold reduction in filing fees and great reductions in the number of separate hearings that otherwise would be required and the extra hours of our legal staff time and extra materials required for creating, managing and going to court hearings for literally hundreds of additional separate cases. This County Attorney-developed procedure is an example of our proactive practice of law to the benefit of taxpayers and "working smarter". So not only are tax and/or impact fee dollars being saved, but also a lot of parcels/owners are being handled more quickly in the eminent domain cases of record. The Eminent Oomain team in the County Attorney Office has worked on the following projects: Immokalee Road (U.S. 41 to 1-75); Logan Boulevard Extension; Rattlesnake Hammock Road; County Road 951 (Immokalee Road to Golden Gate Boulevard); and South County Regional Water Treatment Plant. In these projects, suits have been filed on 208 parcels and 173 parcels have been acquired through eminent domain to date. Upcoming projects include, Immokalee Road (951 to 43rd Street); Vanderbilt Beach Road (east of Airport Road); Golden Gate Parkway (Airport to Santa Barbara); and Goodlette Frank Road. The Pelican Bay Foundation v. Collier County - this was a case where the Plaintiff was arguing against the County's policy to sell its reclaimed water only within the unincorporated area of the County. Assistant County Attorney Jacqueline W. Hubbard achieved order granting Collier County's Motion to Oismiss. Vanderbilt Shores v. Collier County (Bellagio Grande Lawsuit) - we won this case at the Circuit Court, Court of Appeal and Florida Supreme Court levels. Florida State Underground v. Collier County - in this case this office was able to ward off a $108,000 lost profits claim. (Assistant County Attorney Jacqueline W. Hubbard) Collier County v. AEC - this is a case where the County Attorney was able to recover $190,000 for the County from an architect even after he went into bankruptcy, had no money and the insurer claimed that the coverage did not apply. The insurer was sued and settled. (Assistant County Attorney Jacqueline W. Hubbard) Other cases such as South County Water Reclamation Facility lawsuit, (Paul Ullom), are assigned with cost, strategy and efficiencies in mind. The County Attorney is proud of its legal effort to date on behalf of the residents of Collier County re: Naples Bay Boat Speed Regulations matter. The County Attorney played a vital role assisting the Naples Airport Authority in litigation re: Stage 2 Jet Noise Ban - a community victory was achieved. The County Attorney Office has been actively pursuing the collection of code enforcement liens through negotiations with the property owners or through foreclosures. Of 34 open cases, this calendar year we have collected a total of $144,330.60 in fines and costs. Page 3 of9 Agenda Item No. 9G October 11, 2005 Page 6 of 43 L.3 The County Attorney services to Board/County Manager re: County legislative needs and concerns. D Assists the Board/County Manager with advice, review and writing of legislative initiatives and bills; participation and interaction with local legislators / legislative delegation. D Assists the Board in Florida Association of Counties (FAG) matters; attends FAC meetings and actively interacts with FAC officials, including developing Tallahassee and around-the-state contacts; and working well with counsel to FAC. Self Analysis of L.3: The County Attorney staff works closely with legislators, the legislative delegation and their assistants on county-related issues. There is also significant coordination with the County Manager and his staff regarding legislative updates and recommendations to the BCC. A prime example of this working relationship was evidenced by the successful legislative / FOEP solution obtained for the Plantation platted units, resulting in a significant long-desired real property benefit to local property owners. Additionally, the County Attorney has continued to work closely with our local legislators and support staff and the FAC Executive Oirector and FAC support staff. The County Attorney has traveled to Tallahassee with individual commissioners and been actively involved in FAC matters of county concern. LA The County Attorney shall advise the Board or its members to make Attorney General Opinion requests, or Commission on Ethics opinion requests, and inform the Board of pertinent opinions and case law. The County Attorney shall be evaluated for opinions D provided relating to Chapter 112, Part III, Florida Statutes and the Collier County Ethics Ordinance. D Communication skills (written and oral) are effective, clear and concise D Responsive to questions D Advice demonstrates that the issues have been thoroughly analyzed Provides creative and proactive responses (solution-oriented advice), if possible Self Analysis of LA: The County Attorney Office has developed and maintains a close working relationship with the Sunshine Law/Public Records Law Oeputy Attorney General and the Counsel to the Commission on Ethics, both located in Tallahassee. Educational seminars and legal memoranda have continued to be provided by attorneys to staff and advisory boards relating to Ethics, Sunshine Law, Public Records Law and Ex Parte communications issues. Oral and written counsel is promptly provided to commissioners upon request and also, when deemed appropriate, initiated by County Attorney. COMMUNICATION, PUBLIC RESPONSE & MEASURES Rating OUTREACH C.1 (Internal) The County Attorney will be D Provide interim workshops / seminars to expected to educate and update county staff to county staff covering work-related issues reduce creation of leqal issues and lawsuits in to reduce county liability Page 4 of9 the workplace and from work as performed. Self Analysis of C.1 : Agenda Item No. 9G October 11, 2005 Page 7 of 43 o Proactive review of division / department policies and suggest possible updates. o Maintain open lines of communication with County Manager, Oivision Administrators, and Department Directors The County Attorney has taken a proactive, preventative, educative approach to assist in reducing the number of legal issue and lawsuits in the workplace. Chief Assistant County Attorney Michael Pettit and I have devoted numerous hours educating employees on the do's and don'ts of the Ethics Ordinance and County Manager policies, Sunshine Law, Public Records Law, and Ethics policies. This educational, advisory practice is designed to reduce or eliminate questions and problems that might otherwise arise in the workplace. "An ounce of prevention... " The push has continued in the area of Public Records maintenance and responding to public records requests, some of which are extensive, complex and require search and production from several departments, Board records, other diverse locations including archived materials. Chief Assistant County Attorney Michael Pettit and Certified Legal Assistant Marian Colli have continued to administer, counsel and assist staff with such requests and provide staff with informational and educational programs in this area. I am proud that Collier County government, through my assistance, has a fine record in the Public Records and Sunshine Law area. Another year - no complaints or lawsuits. We are also working with the County Manager's Office to develop a records retention policy for the County. - This will ultimately save the County countless expenses on storage and staff time in responding to public records requests. C.2 (Internal) The County Attorney will be expected to regularly communicate with the County Manager, his Division Administrators and Oepartment Oirectors, and the Constitutional Officers to better ensure that operations between these agencies and the Board of County Commissioners are effectively coordinated. Self Analysis of C.2: o Provide responsive and solution-oriented advice to questions or issues that arise or have the potential of arising o Maintain effective working relationships with County Manager staff and Constitutional Officers The County Attorney and/or Chief Assistant County Attorney continue to attend the County Manager Oivision staff meetings in an effort to maintain efficient, effective working relationships and be aware of any issues that may be on the horizon. The County Attorney and various Assistant County Attorneys also attend the Oepartment Oirectors' meetings and project review meetings of the Community Oevelopment and Environmental Services Oivision. There are four attorneys currently assigned to the Community Development and Environmental Services Oivision full time to handle the myriad of land use petition and permit-related items. Additionally, various other attorneys (including me) work on issues and handle lawsuits as they arise from this division. Regarding Constitutional Officers, I am proud of maintaining a professional rapport with them all, even while advancing the concerns and desires of the Board and County Manager through legal procedures upon occasion. Our office support of the Board and County Manager in matters involving the Sheriff and Clerk of Courts this past year has been quality, professional work accomplished "without burning bridges." C.3 (External) The County Attorney will be expected to provide information to the public through public speaking engagements, seminars, print and electronic media. o Communication skills (written and oral) are effective, clear and concise o County Attorney / attorneys available to attend meetings day or night at offices or Page 5 of9 Agenda Item No. 9G October 11 , 2005 Page 8 of 43 out in the community as requested. Helpful; effective Self Analysis of C.3: The County Attorney as past President remains active on the Board of Oirectors of the Florida Association of County Attorneys. Our County's interests, positions and initiatives are communicated to other County Attorneys and their opinions and suggestions are provided to me on our issues. The County Attorney and assistant county attorneys assist commissioners at commission meetings with the public, both at government offices, at homeowner association meetings, including commissioner initiated organizational meetings and Commissioner Town Hall meetings. Assistant County Attorney Marjorie Student has lectured again at a Florida Bar Continuing Legal Education Seminar re: growth management I land use, a flattering but sincere recognition of our legal expertise and advanced work in cutting-edge growth management. I annually enjoy speaking at the Know Your Government program sponsored by the University Extension Service, League of Women Voters, and Collier County Schools. I also spoke to a class at the Golden Gate High School about local government. Assistant County Attorney William Mountford participated as a scoring judge for the 21 sl Annual Collier County High School Mock Trial Competition. As stated previously, the County Attorney Office lectures on Ethics laws, the Public Records Act and the Government-In-The-Sunshine Law. Our thick in-house produced manuals are available upon request. CA The County Attorney will be expected to administer the office to assure that the general public is responded to in a timely and accurate manner. o Ability to communicate effectively, tactfully, and courteously o Responsive to questions Self Analysis of C.4: Timely, helpful response to the public is a high priority within the office. We have established a good record and reputation for providing prompt, courteous, responses to questions and issues that arise from the public sector relating to county matters. The office is significantly involved in assisting Board and County Manager Office public records requests and is very cognizant of the duty to work with the appropriate departments to provide prompt, accurate responses. This is an area where I believe that County Attorney staff shines by expeditiously communicating with the requestor and the offices affected by such requests, completing the projects and exceeding expectations. The appreciative e-mails, etc. far exceed the critical comment. Additionally, when our office receives a call or visit from a member of the public where our office is not the correct office, it is my policy for our attorneys and support staff to assist the caller with the way to obtain the answer or make a call for the public to assist in some way even if our office isn't in a position to answer, and certainly not provide client-type legal advice. It's a type of public relation that can change the bad mood of someone who's gotten "the runaround" contacting government offices. FISCAL MANAGEMENT MEASURES Rating F.1 The County Attorney will develop an 0 Compile and analyze financial, annual budget for the Office of the County budgetary, and statistical data and Attorney that will be presented to the Board of present a realistic, cost effective budget County Commissioners for review and 0 Ability to prepare an annual pay plan for approval through the budget process the Office of the County Attorney developed by the County Manager. Page 6 of9 Self Analysis of F.1: Agenda Item No. 9G October 11, 2005 Page 9 of 43 Fiscal responsibility and well-analyzed, cost-effective budgets have been a bulwark of the County Attorney for many years. Increases are requested only when the ever-increasing level of legal demands dictate additional resources. The goal is to provide the Board with the most efficient, effective legal representation possible. As indicated in my response to L.2, we've made arrangements with the Clerk and Judge that have saved tremendous expenses, clerical time and court time in eminent domain cases. We do more with less when we can, and achieve efficiency along the way. Except where state mandates have required budgetary increases, the County Attorney Office has followed and met the Board's budget goals. F.2 The County Attorney will assure that the 0 budget for the Office of the County Attorney is effectively administered and the Board is timely informed on any extraordinary matters arising 0 throughout the year. Self Analysis of F.2: Prudent administration of County Attorney Office budget; fiscally responsible Communicate in a prompt, timely manner any extraordinary issues that arise during the fiscal year. My record indicates my conservative approach to administration of the County Attorney's budget. Increases are sought only in extraordinary circumstances, and then only when all other avenues have been exhausted. I've developed a significant revenue component to the office budget. When worthy issues or matters I deem necessary to inform the client arise, I communicate with the Board either during the board meeting or individually, as appropriate. F.3 The County Attorney will assure that bond issues and other financing matters of a legal nature are coordinated through the County Manager, Clerk, Financial Advisor, Bond Counsel, and Disclosure Counsel (the "players"). Self Analysis of F.3: o Responsive to questions of the "players" o Performance demonstrates that the issues have been thoroughly analyzed (bond issues) o Oemonstrates a comprehensive understanding of bond issues and related financing matters (advises and assists Board/Chairman, as appropriately in transactions and closings) The financing issues that come to this office are responded to and handled in a coordinated manner with all participants (Clerk, Financial Advisor, Bond Counsel, Oisciosure Counsel and county staff). An attorney in this office also attends and participates in the Finance Committee meetings. The County Attorney reviews and provides document revision comments to Bond Counsel, provides a County Attorney opinion letter for all bond issues. The County's fiscal and financing transactions in this area have been successful, routine and legally proficient. It's either done right or it's wrong. We do it right. LEADERSHIP I PERSONNEL MEASURES Rating MANAGEMENT P.1 The County Attorney will assure that there 0 Planning & organization: establish goals are clear goals and objectives established and and priorities, analyze and evaluate that they are effectively communicated organizational effectiveness and make throughout the County Attorney Office. sound decisions. 0 Application of management techniques to ensure compliance with organizational Page 7 of9 Self Analysis of P.1 : Agenda Item No. 9G October 11, 2005 Page 10 of 43 policies and directives, to control quality, quantity, time and costs. The County Attorney has developed its own hybrid Policies and Procedures Manual that covers the nuances of County Attorney employees' professional responsibilities, the needs of the client and personnel conduct. [Mandatory review] County Attorney holds biweekly office staff meetings to review agenda materials and prepare for Board meetings, share legal news and views and make new office assignments in a group setting, where appropriate. Project and departmental assignments are made pursuant to the particular aptitude, interest and expertise of each attorney. "High profile" assignments are made upon particular requests of the client (Board, County Manager, Oivision Administrators, etc.) and/or by the County Attorney or Chief Assistant, who retain a "monitoring"/advisoral position of the assistant county attorneys, as appropriate. Time Sheet and other administrative review techniques are applied to determine work demands, fairness in assignment and timely response to Board and departmental legal requests. P.2 The goals of the Board of County Commissioners and County Manager are effectively understood and proper assistance is provided by the County Attorney Office in pursuit of said goals. Self Analysis of P .2: o Application of management techniques to assure effective assistance to respective clients. o Guide and direct staff to maximize legal resources with client needs. A satellite County Attorney Office with a staff of four attorneys and support staff dedicated to the Community Oevelopment and Environmental Services Oivision assists the Board and County Manager in achieving their objective in improving the county's ability to manage and respond to land use related projects and queries. Many attorneys in the office have been integrally involved in most aspects of the Growth Management issues and projects (i.e. attorney workshops, EAR, Eastern Lands & Rural Fringe, Growth Management Plan, Land Oevelopment Code, Transportation Concurrency issues, Transfer of Oevelopment Rights, Community Redevelopment Agencies, and Overlays) worked on in the County Manager agency. The County Attorney Office has been an effective team player with the Board and County Manager on important road, overpass, FEMA Flood Map and boat speed regulation matters. The foregoing information and our extensive Ethics and Sunshine Law work discussed earlier are illustrative that the County Attorney has been an integral part of the County Strategic Goal to Rebuild and Maintain Public Trust. P.3 The County Attorney will assure that employees are provided petiormance expectations and petiormance evaluations that are designed to enhance petiormance. o Provide encouragement, guidance and direction to subordinates with regard to their development and improvement. Coaching, counseling and helping employees overcome job problems and develop career plans. o Assess petiormance strengths and deficiencies, encourage and reward employees and/or exercise appropriate discipline. Page 8 of9 Agenda Item No. 9G October 11, 2005 Page 11 of 43 Self Analysis of P.3: Action Plans are developed with staff and annual evaluations are done in late summer annually. In addition to these annual performance evaluations, meetings with each of my employees are scheduled three separate times per year to give and receive feedback from staff and to assure that there is a mutual understanding of expectations. From these meetings, employees receive coaching and/or counseling to assist them in achieving their performance of goals and professional development. I also maintain an open door policy and encourage people to share suggestions, ideas and concerns. The fresh ideas for innovative change and ongoing dialogue assist me in striving to improve efficiencies, morale, and effectiveness of the office. P.4 The County Attorney will assure that qualified applicants are recruited and selected to provide the Board with superior legal advice and representation. o Understanding of effective interviewing techniques o Thorough awareness of organizational needs and desires o Knowledge of market conditions relating to compensation and benefit packaaes Self Analysis of P.4: Surveys of other comparable counties are done periodically and again this year to assure that the compensation and benefit package stays within the market ranges. Standards are set high through job descriptions to ensure that the most qualified applicants are recruited and selected. This office has maintained a very good record on applicant recruitment, selection and retention. Currently within the office there are three (3) Board Certified Florida Local Government Law Attorneys, three (3) Certified Legal Assistants and one (1) legal assistant is a trial attorney that has practiced law twenty-plus years in another state and his trial expertise assists our Iitigators. P.5 The County Attorney will assure that 0 training is provided to all staff to assure that the Board is being provided with the best legal 0 advice and representation possible. Encourage employees to attend training to better enhance knowledge and skills Periodic in-house training for updates and uniformity of legal performance by staff Self Analysis of P.5: In-house training sessions are held periodically to keep staff current on new legislation, ordinances, practices, and technological advances. All employees within the office are encouraged to attend training classes provided by the Human Resources Oepartment that will enhance their knowledge and skills. Requests are usually granted. Some employees are required to attend such classes if the need arises. Attorneys and legal assistants also participate in professional and Florida Bar seminars in their respective areas of practice. The Florida Association of County Attorneys information - hot topics Web list assists us with research, legislative issues affecting counties and legal opinions. Marjorie Student is a frequent lecturer on land use matters at Florida Bar seminars throughout the state. Page 9 of9 \". . ~) l . ~., . FR.e '-\ n:aA. -Xlv\. (0 rot.-lfA ~.~ LEGAL ADVICE MEASURES. . L.1 The County Attorney will provide effective advice. and assure timely responses to both written and oral questions from the Board of County Commissioners, County Manager, his agencies and employees. . C! Communication skflls (written and oral) are effective, clear arid concise C! Responsive to questions lJ Advice demonstrates that the issues have been thoroughly analyzed c Advice and, ideas are solution-oriented . Self Analysis. of L. 1: Ratlna 3 The County Attorney Office attorneys have Initiated contacts, schedules and worked closely with Commissioners, the County Manager and ~taff tqcounsel and provide solutions to the County's complex legal Issues. Some of these issues or projects include Ave Marla, Impact Fee matters; My office endeavors to provide timely, accurate. thorolJghly researched responses to the Board of County Commissioners, the County Manager and his agencies. The maximLim turnaround for a "rigorous. or complicated Request for Legal Services is 5-10 business days by Office rule. However, more typically, staff and Board Requests for Legal services are responded to promptly, often within 24 hours or within tt1e desired tJm~, '. .(\.dditlonaUy, staff meetlngs are held to revieW agenda packages prior to Board of County Commissioners' meetings to address I;InypotentiEJllegallssues that may arise during the Board meetlng.'..A representative of this ofli.oe also routinely attends fh& Department Directors' meeting for toe Community Dev~opment and Environmental Services Division to. provide timely legal input into issues before they become problems. Attorneys In the ofli~ routrnely assist at the forrowing advisory board meetings: CCPC, EACj Airport Authorlty,PVAC, C.LB. CEB, CAC"i.vAB, MPO, TOC, HAAS' (Not~: in addition to acting as legal advisor to Conservation Colllarandthe Hispanic AffaIrS Advisory Board (HAAB), Chief Assistant County Attorney Michael Pettit has also served as staff liaison for HAAB. The County Attorney Office has been responsive, effectIve and of great assistance to the County Manager . and the Board rei: research I Jegal opinions re: Pelican Bay Annexation issues, Including reclaimed water,' Board I District history, Jegal doduments and policies. (Assistant County AttomElY Thomas C. Palmer) L.2 TheColinty Attomey will assure that the County Is p'ravlded the best possible ' representation in' alllltlgatiorl' matters. 0.. Best'utillzation of Inwhouse and outside 'cOunsel' . '. ., c . effeetive selection of outside counsell expertise in specIalized fields o Well chosen Ii,tigation oommunication . techniques, e:g. public meetings; shade meetings, ,written and spoken commyniques Page 2 of9 J ~~~~~~G SePt=~~lf4'~~ Self Analysis of L2: The County Attorney Office becomes Involved in a variety of types of lawsuits on behalf of or against the County; such as: eminent domain,' perSonal injury, labor law, employment Jaw, contract disputes, Uen enforcement, and animal control.. Annually the Board is provided a compilation of and status report on all open cases. Most of the cases filed by or against Collier County are handled by In-house counsel when we have the expertise in the area and the personnel available to handle them. In keeping with the Board strategic goal of developing reliable public infrastructure, a multitude of eminent domain cases have been filed during this past year,- mostly relating to road and utility projects. We are continuing the practice of having nearty all of these cases filed with fIVe separate parcaJslowners as defendants in each case filed. The County Attorney has coordInated closely with the Clerk and the Court, having received authorization to combine up to 5 separate defendants in each eminent domain case, which saves multiple case filing fees (a five-fold reduction In filing fees and great reductions in the number of separate hearings that otherwise would be required and the extra hours of our legal staff time and extra materials required for creating, managing and going to court hearings for literally hundreds of additional separate cases. This County Attomey-developed procedure is an example of our proactive praCtice of law to the benefit of taxpayers and "working smarter". So not only are tax and/or impact fee dollars behig saved, but also a lot of parcels/owners are befng handled more quickly in the eminent domain cases of record. " The Eminent Domain team in the County Attorney OffIcs'has worked on the following projects: Immokalee Road (U.S. 41 to 1-75); Logan Boulevard Extension; Rattlesnake Hammock Road; County Road 951 (Immokalee Road to Go'lden Gate Boulevard); and South County Regional Water Tre1'3tn1ent Plant. In th~ ' projects',' suits have been filed on 208 parcels and 173 parcels have been acquired through eminent domain. to date. Upcoming projects include, lmmokalee Road (951 to 43rd Street); Vanderbilt Beach Road (east of Airport Road); Gofden Gate Parkway (Airport to Santa Barbara); and Goodlette Frank Road. The Pelican Bay Foundation v. Collier: County... this was a case where the Plaintiff was arguing against the County's policy to sell its reclaimed water only within the unincorporated area of the County. Assistant. County Attomey Jacqueline W. Hubbard achieved order granting Collier County's Motion to Dismiss. . Vanderbilt Shores v, Collier County (8ellaglo Grande Lawsuit) - we won this case at the Circuit Court, Court of Appeal and Florida Supreme Court levels; Florida State Underground v. 'Collier County - in this case this office was able to ward off a $108,000 lost profits claim. (Assistant County Attomey'Jacqueline W. Hubbard) i Collier County v. AEC - this isa case where the County Attorney was able to recover $~ 90,000 for the County from a'n arcf,itect even after he went into bankiuptcy, had no money'and the insurer claimed. that the coverage did not apply. The insurer was sued and settled. (Assistant County' AttOrney jacqueline W. f:1ubbard) Other cases such as South County Water Reclamation Facility lawsuit, (Paul Ullom), are assigned with cost, strategy and efficiencies In mind. , . The County Attorney is proud of its legal effort to date on behalf of the residents of Collier County ra: Naples Bay Boat Speed Regulations matter. The County Attorney played a vital role assisting the Naples AJrport Authority in litigation re: Stage 2 Jet Noise Ban - a community victory was achieved. The COUr:lty Attorney Office has been actively pursuing the collection of code enforcement liens through negotiations with the property owners or through foreclosures. Of 34 open cases, this calendar year we have collected a total of $144,330.60 in tines and costs. Page 3 of9 ( {J '=- -c. \.. ~.-j "---"" l~- ~~~'te~I" q sept's ;. ~ e 0 1 L.3 The County Attorney services to Board/County Manager re: County legislative needs and concems. IJ Assists the Board/County Manager with advice, review and writing of leglsh;Jtive Initiatives arid bills; participation and Interaction with local legislators I. legislative defegation. 3 o Assists the Board in Florida Assoclatlon of Counties (FAC) matters: attends FAC meetings and actively Interacts with FAC officials, includIng developing Tallahassee and around-the-state . . contacts; and working well with counsel to FAc. Self An~'y~is of L.3: 1.. " The q~unty Attomey staff works d~sely Viltti laglslatClr:S, the legi.slatlve delegation and their ~~Sistal1tS' on' county-related issues. There is also significant coordination W!th the County Manager'and hl~ staff regarding legislative updates and recommendations t6 the BCC. A prime example of this working relati,on,ship was evid~nced by the succe~sfullegislative / FOEP so.lution pbtalned for the Planta,tion platted " unlts,'le~ultlng In a significant long-desired ~al property benefit to local property owners.. . Additionally. the County Attorney has continued to work clQsely with our IQcallegislators and support staff and the FAC Executive DIrector and FAC support staff. The CountY Attorney ha~ travelecLto Tallahassee with individual comin.ls.. ~ioners and !;l,99. n activ~ly invQlved In FAC matte~ of cOunty concern. , . : ". L.4 Th,eCounty A!tomey~halla~yi~ the c Communication skills (written and oral) Board Qr Its memberS to make Attorney are effective, clear and concise General Opinion requests; 'or CommiSsion on IJ Responsive to questions. . Ethics opinion: requests, and inform the Boar.d, c Advice dem;>nstrates thatthe issues ' of pertinent opinions and case law. The' have been thoroughly analyzed l' . County Attorney shall be evaluated for opinions C Provides creative and proactive ~ provided relating to Chapter 112, Part lIIi responses (soJution-or/ented advioe), if Rorida Statutes and the Colller County EthIcs possible OrdInance. Self Ar~lysis of L.4: The CountY Attomey Office has developed and maintains a close working relationship wi'th the Sunshine Law/Public Reoords Law Deputy Attomey General and the Counsel to the Commission on Ethics, both located in Tallahassee. Educational seminars and legal memoranda have continued to be provided by attorneYs to sta,ff and advisOry boards'relt'!ting to Ethics, Sunshine Law, Public Records Law and Ex Parte communications !s$ue~, Oral and written c,ounsellspromptly provided to commissioners upon request and ~lso, when deemed appropriate. inItiated by County Attorney. ~ .. COM.MUNICATJON, PV.BLIC REl;J?ONSE & MEASURES Rating OUTREACH' C.1 (Internal) The County Attorney will be CI Provide Interim workshops / seminars to expected to educate and update coLlnty staff to county staff covering work-related ISsues reduce creation of leaal Issues and lawsuits In to reduce county lIabllltv Page 4' of 9 Die workplace and from work as performed. Self Analysis of C.1: [J Proactive review of division I department policies and suggest possible updates. . a Maintain open lines of communication with County Manager, Division Administrators, and Department Directors A~ftelffirN~~ljJG Sept~~~5 ~71orctf143 ) ( '- The County Attorney has taken a proactive, preventative, educative approach to assist in reducing the number of legal issue and lawsuits In the workplace. Chief Assistant County Attomey MiChael Pettit and I have devoted numerous hours educating employees ori the do's and don'ts of the EthIcs Ordinance and County Manager poricles, Sunshine Law, Pubfic Records Law, and Ethics policies. This educational, advlsory practice is designed to reduce or eliminate questions and problems that might otherwise arise in the workplace. "An ounca of prevention... D The push has continued In the area of Public Records maintenance and responding to public records requests, some of which are extensive, complex and require search and production from several departments; Board records, other diverse locations including archived materials. Chief Assistant County. Attorney Michael Pettit and Certified Legal Assistant Marian com have continued to administer, counsel and assist staff with ~uch requests and Rrovlde staff with Informational and educational programs In thi~ area.- I... am proud' th~t COllier 90unty government, 1hrOugh my assistance, has a fine. record in the Public ReCord.s. . and Sunshine Law area. Aribttiet year- no complaints pr lawsurts. .. " . ~ - ." . , .: . ". We are also working with the County Manager'sOfflce to develop a records retention policy for the County: This will ultimately save the County countless expenses on storage and staff time in respOnding to public records r~quests. . C.2 (tnternal) The County Attomey will be expected to regularly communicate wIth the County Manager, his Division Administrators and Department Directors, .and the Constitutional Officers to better ensure that operations between these agencies and the e<>ard of County Commissioners areeffectlvely Coordinated. . . ~e/f Analysis of C.2: Cl Provide responsrve and solution-oriented advice to questions or issues that arise or have the potential of arising o ' Maintain effective wor1dng relationships with County Manager staff and Constitutiom,d Officers J ~. The County Attomey and/or Chief Assistant County Attomey continue to attend the County Manager Division staff meetings in an effort to maintain efficient. effective working relationships and be aware of any issues that may be on the horizon. The County Attomey and various Assistant County Attomeys also attend the Department Directors' meetings and project review meetings of the Community Development and EnvlronlT!~ntal Services Division.. . There. ",refour attorneys currently assigned to the Community Development and Environmenta! Services Qlvision full time to handle the myriad of land use petition and permit-related Items. AdditionaUy, various. other attomeys (includiilg me) work on issues and handle lawsuits as they arise from this division. Regarding Constitutional OffIcers, [ am proud of maintaining a professional rapport with them all, even while actvancing the c()ncems and desires of the Board and County Manager through legal procedures upon occasion. Our office support of the Board and County Manager in matters InVOlving the Sheriff and Clerk of Courts this past year-.has been quality, professional work accomplished "without bumlng bridges: '.'. .' . 0.3 (External) The County Attomey will be expected to provlde information to the public through public speaking engagements, semlhars, print and electronic media. .. a Communication skills (written and oral) are effectiVe, clear and concise . Q County Attorney I attorneys avaIlable to attend meetinQs day or nlaht at offices or Page 5 of9 ) (, .~ \ out In the community as requested. Helpf:ul; effectIve Self Analysis of C.3: The County Attorney as past Preslqant remains active on the Board of Directors of the Florida Asspciatlon of County Attorneys. Our County's interests, positions. and initiatives are communicated to other County Attorneys and their opinions and suggestions are provided to me on our issues. The County Attorney and assistant county attorneys assist commissioners at commission meetings with the public, both at government offices, at homeowner association meetings, including commissioner Initiated organizational meetings and Commissioner Town Hall meetings. Assistant County Attomey Ma~orie Student has lectured again at a Florida Bar Continuing Legal Education Seminar re: growth m~nagement fland use, a flattering but sincere recognition of our legal expertise and 8dv~~ced work In cutting-edge growth management. I annually enjoy speaking at the Know Your Government program sponsored by the University Extension SerVice; League of Women Voters, and Collier County Schools. I also spoke to a class at the Golden Gate High School about local government. Assistant County Attorney William Mountford partioipated as a scoring Juc;lge for the 21~ Annual Collier County High Schc;>ol Mock Trial Competition. As stated previously, the County Attorney Office lectures on Ethics laws, the Public Records Act and the Govemment-ln.The.Sunshlne Law. Our thick In.house produced manuals are avallable upon request. .........J C.4 . The County Attomey will be expected to administer the office. to assure that the general pUblic Is responded to' In a timely andaecurata manner.. .' , Self Analysis of C.4: timely; helpful response to the publiq is a high priority within the office. We have established a good reoord ~!'Id reputation for providing prompt, courteous, responses to questions and Issues that arise from the public sector relating to county~~tters. < ,The office .i~ sjgnl~cantly involved In assisting Board and County Manager Office public records requests and is very cogniZant of the duty to work with the appropriate departments to provide prompt, accurate responses. This Is an area where I believe that County Attorney staff shines by ~xpedltloUsly communicating with the requestor and the offices affected by such requests, completing the projects and exceeding expectatfons. The appreciative 8wmafls, etc. far exceed the critical comment. Additionally,. WhEm our 'offlcereceives a calror .jjsitff'O!'T1 a member. of the public where our office is not the. Correq Pffl.~l it IS my policy for. our attonieys and .su pport staff to assist th~ yalfe.r with the way to obtain the S!nswer or make a calf for .the publ!c to assist In 50l'11e way even if our office Isn't in ,a position to answer, and certah,ry not provide client-type legal adviCe; It's a type of public relation that can change the bad mood of someone who's gotte.n "the runaround- contacting government offices. ' a Ability to cOmmunicate effectively, tactfully, and courteously , Q Responsive to questions ~ FISCAL MANAGEMENT MEASURE~ Rating ,.. F.1 . The County Attorney will develop an Cl Compile and analyze finanpial, annual budget for the Office of .th.e County .. budgetary, and statlstlcal data and J Attorney that will be presented to the Board of present a realistlo, cost effective budget County CommissionerS for review and a . Ability to prepare an annual pay plan for approval through the budget process the Office of the County Attorney deveioped by tits County Manager. -..:.-../ Page 6of9 ~~1 Self Analysis of F.1; Fiscal responsibility and well-analyzed, ~st-effective budgets h"ve been a bulwark of th~ bounty Attorney for many years. Increases are requested only when the ever-increasing level of legal demands dictate additional resources. The goal is to provide the Board with the most efficient, effectlveJegal representation possible. As indicated In my response to L.2, we've made arrangements with the Clerk and Judge that have saved tremendous expenses. clerical time and court time in emInent domain cases. We do more with less . when we can, and achieve efficienCy along the way. Except where state mandates have required budgetary increases, the County Attorney Office has followed and met the Board's budget goals. F.2 The County Attorney will assure that the budget for the Office of the County Attorney is effectively administered and the Board is timely informed on any extraordinary matters arising throughout the year. Self Analysis of F;2: o Prudent administration of County Attorney Office budget; fiscally responsible . o CommunIcate In a prompt, timely manner any extraordinary issues that arise during the fiscal year. j My record indicates my conservative approach to administration of the County AttOrney's budgel Increases are sought only in extraorQinary circumstances, and then only when all other avenues h~ve bean exhausted. I've de~eloped a signifiCant revenue component to the office bUdget. When worthy issues or matters I deem necessary to inform the Client arise, I communicate with tne Boarcl either during the board meetIng or./ndMdualfy, as appropriate. F.3 The County Attorney will assl.!re..tha~ bond Issue~ and other financing matterS of a legal nature are coordinated through the County Man~ger, Clerk, Financial Advisor, Bond Counsel, and Disclosure Counsel (the ~players.). Self Analysis of F.3: ..0 Responsive to qL.les~ons of the "players" i:J Performance demonstrates that the issues have been thoroughly analyzed (bond Issues) Cl Demonstrates a comprehensive understanding of bond issues and related financing matters (advises and ass.lsts Board/Chairman. as appropriately in transactions. and closings ). ) The financing issues that come to this office are .~sponded to and handled in a coordinated manner with all. participants (Clerk, Flnanolal Advjsor, BQnd CouT,1~el, DisclOSUre COunsel and county staff). Allattomey in thIs office also. attends a.nd partiCIpates in the FinanCe Committee rri~etings. The Coul1ty Attorney revi~ws and provtdes dociJment revIsion .comments to Bond Counsel, provIdeS a County Attorney opinion letter for all bond issues. The Co'LmtY's fiscal arid financing transactions In t~is area have been successful, routine and legally proficient. It's either done rIght or [fs wrong. We do itright. h LEADERSHIP I PERSONNEL MEASURES Rating MANAGEMENT P.1 The County Attorney will asstlre that there 0. Planning & organization: establish goals J- are dear goals and objectives established and and priorlties, analyze and evar.i.li:ite that they are effectively communicated organIzational effectiveness and make throughout the County Attorney Office. sound decisions. [J Application of management techniques to ensure comoliance with oraanizationaJ Page 7of9 ( (. C__. '\ \ 'Self Analysis of P.1: .m policies and directives. to control quality, quantity, time and costs. . ' The County Attorney has developed its own hybrid policies and Procedures Manual that covers the nuances of County Attorney employees' professional responslblllties, the needs of the client and personnel conduct. [Mandatory review] , County Attorney holds blw~kly office staff meetings to review agenda materials and prepare for Board meetings, share legal news and views and make new office assignments In a group setting, where appropriate. Project and departmental assignments are mad~ pursuant to the partIcular aptitude, interest and expertise of e~ch attorney. "High proflle" assignments are made upon particular reql.!ests of the client (Board, County Manager, Division Administrators, etc.) and/or b~ the County Attorney or Chief Assistant, who retain a -monitoring"ladvisoral position of the assistant county attorneys, as appropriate. TInie Sheet and other administrative review techniques are applied to determine work demands, fairn'ess in assignment and timely response to Board and dapartmentallegal requests. P.2 The goals of the Board of County., Commissioners and County Manager are' . effectively understood and proper assistance Is provided by the County Attorney Office In pursuit of said goals. ", Self Analysis of ?2:, J [J Application of management techniques to assure effective assistance to respective clients. Cl Guide and direct staff to maximize [egal resources with client n!1l6ds. 3 . . A satellite County Attorney Office with a staff of four attorneys and support staff dedicated to the Community Development and Environmental Services DMslonasslsts the Board and COunty Manager In achieving their objective in improving the county's ability to manage and respond to land use related projects and queries. Many attorneys in the office have been integrally Involved In most aspects of the Growth Management I~!;ue~ and projects (i.e. attorney worksboPli, ~, Eastern La,nds & Rural Fringe. Growth Management Plan, Land Development Code, Transportation COncurrency Issues, Transfer of Development Rights, Community RedeveloprJ)entA.gencies, and Overlays).worked on in the County Manager agency. The COunty Attorney Office has been an effective team player with the Board and County Manager on important road, overpass, FEMA Flood Map and boat speed regulation matters. The foregoing information and our extensive Ethics and Sunsh.ine Law work discussed earlier are illustrative that the County Attorney has been an integral part of the County Strategic Goal to Rebuild and Maintain Public Trust. P.3 The County Attorney will assure that ernployees are provided performance expectations and performance evaluations that are desIgned to enhance performance. --". o Provide encouragement, guidance and direction to subordinates with regard to their development and improvement. Coaching, counseling and helping employees overcome job problems and develop career ,plans. o Assess performance strengths and deficiencies, encourage and reward employees and/or exercise appropriate. discipifna. J Page 8 of9 ~~~~te N.~' ~ Septe~~ ~9 3 Pag 1 0 1 Self Analysis of P .3: ( Action Plans are developed with staff and annuai evaluations are done in late summer annually. In addition to these annual performance evaluations, meetings with each of my employees are scheduled three separate times per year to give and receive feedback from staff and to assure that there Is a mutual understanding of expectations. From these meetings, employees receive coaching and/or counseling to assist them In achieving their performance of goals and pro~essional development' I also maJntain an open door policy and encourage people to share suggestions, ideas and concerns. The fresh ideas for innovative change and ongoing dialogue assist me In strIving to Improve efficiencies. morale. and effectiveness of the office. ' . P.4 The County Attorney will assure that . qualified applicants are recruited and selected to provide the Board with superior legal advice and representation. o UnderStanding of effective interviewing techniques o Thorough aWareness of organizational needs and desires . o Knowledge of market condttlonsrelating to com ensation and benefit acka as J Self AnalySis .of P.4: Surveys of other comparable counties are done periodically and again this yearto assure that the compensation and benefit package stays within the market ranges. Standards are set high through job descrrp~ons to ensure that the most qualified. applicants are recruited and selected. Thfs offlce ha~ mainta}ned a very good record on applicant recruitment, selection and retention. Currently within the office there are three (3) Board Certified Florida Local Government Law Attorneys; three (3) Certified Legal ~slstants and one (1) legal assisfant is a trial attorney that has practiced law twenty-plus years in another state and his trial expertise assists our Iitigators. P.5 The County Attorney will assure that trair)ing.is provideQ to all staff to assure that the Board Is being provided with the best legal advice and representation possible. [J Encourage emp!oyees to attend training to better enhance knowledge and skills o Periodic in-house training for updates and unfformfty of lega) performance by staff ~" Self Analysis of P .5: In-house training sessions are held periodically to keep staff current on new legislation, ordinances, practices;. and technological advances. All employees within the office are encouraged to attend training classes provided by the Human Resources Department that will enhance their knowledge and skills. Requests are usually granted. Some employees are required to attend such classes if the need arises. Attorneys and legal assistants also particfpate in professJol1al and Florida Bar seminars In their respective areas of practice. The Florida Association of County Attorneys information - hot topics Web list assists us with research, legislative Issues affecting counties and legal opinions. Ma~orie Student Is a frequent recMer on land use matters at Florida Bar semlna.rs throughout the state.e C-. Page 9 of9 Agenda Item No. 9G October 11, 2005 Page 20 of 43 FY 2004 / 2005 Action Plan David C. Weigel, County Attorney The County Attorney is charged with the responsibility of planning, directing and reviewing the activities and operations of the Office of the County Attorney. He is to act as legal advisor and counsel for the Board of County Commissioners, advisory boards and committees, County Manager and his agencies. The County Attorney through the assistant county attorneys and supporting staff represent the County in wide-ranging complex litigation relating to implementation of government policies and capital projects, eminent domain, personal injury, property damage, workplace I personnel matters. finance and land use. The County Attorney is responsible for policy documents (resolutions), legislation (ordInances and special acts), and the drafting or legal review and revision of all contracts, real property conveyance documents and other Board signatory documents. The following Action Plan has been developed in an effo.rt to provide clear expectations for the County Attorney for the period from October 2004 through September 2005. The Action Plan is based on the broad areas generally expected to be performed by the Managing Partner of a law firm, including: legal advice; leadership I organizational direction; communications. public response and outreach; fiscal management; and personnel management. At the conclusion of the fiscal year, the Board of County Commissioners will be asked to perform an annual evaluation of the County Attorney's performance by rating each of the following performance objectives on a 1 to 3 scale [1 - Below Standards; 2 - Meets Standards; 3 _ Exceeds Standards]. Individual evaluations will be totaled and averaged to determine the Board's collective position. Evaluation Rating Document , , . . -\b .Y. .../ A.f<<"" '^" L.1 The County Attorney will provide proactive advice, and assure timely responses to both written and oral questions from the Board of County Commissioners, County Manager, his agencies and employees. LEGAL ADVICE /~ AUt r~ .-tA'"' Agenda Item No. 9G October 11, 2005 Page 21 of 43 MEASURES ..: RlIlina :t 3 .:t , l:l Communication skills (written and oral) are effective, clear and concise l:l Responsive to questions -- . ~ - o Advice demonstrates that the issues have been thoroughly analyzed l:l Provides creative and proactive responses - ~ CO;;;t~7~_ik~~_ ~~~_Jf'f:;- ..- j~f;k~~.~~, ~ iIJ ~~ q;:t~ii~ ~VJ-f:1.t/J,.L~~~~~ ~~. ~ -tl.tkP::t~ ~1 (S~~u~)~ ~~ ~t/y~. :f~Av< ir Au. --t::h:r r. ,. . L.2 The County Attorney will assure that the 0 Best utilization of In-house and outside ). County is provided the best possible counsel representation in all litigation matters. 0 Effective selection of outside counsell I expertise in specialized fields D Well chosen litigation communication techniques, e.g. public meetings, shade 2. meetings. written and spoken communiques Comments: L.3 The County Attorney will assure that accurate. prompt legislative updates and suggestions are provided to the Board members, County Manager and county staff. Comments: [J New legislation reviewed and copies of appropriate bills provided to Commissioners and staff in a timely manner Cl Thorough analysis and its effects on the County provided to Commissioners and staff in a timely manner ~ :z 2 ,,'- Agenda Item No. 9G October 11 , 2005 Page 22 of 43 L.4 The County Attorney shall advise the Board or its members to make Attorney General Opinion requests, or Commission on Ethics opinion requests, and inform the Board of pertinent opinions and case law. The County Attorney shall be evaluated for opinions provided relating to Chapter 112, Part III, Florida Statutes and the Collier County Ethics Ordinance. Q Communication skills (written and oral) are effective, clear and concise Q Responsive to questions o Advice demonstrates that the issues have been thoroughly analyzed o Provides creative and proactive responses :L 5 3 ;J.. Comments: J~ ~ "'1 u...~ f- t -- +- J:"'~. COMMUNICATION, PUBL.IC RESPONSE & MEASURES Rating OUTREACH C.1 (Internal) The County Attorney will be 0 Provide interim workshopS / seminars to .z expected to educate and update county staff to county staff covering work related issues reduce creation of legal issues and lawsuits in to reduce county liability the workplace and from work as performed. Q Proactive review of division I department 1 policies and suggest possible updates. Q Maintain open lines of communication j with County Manager, Division Administrators, and Department Directors Comments: C.2 (Internal) The County Attorney will be 0 Provide creative and proactive advice to ;2.. expected to regularly communicate with the questions or issues that arise or have the County Manager, his DiviSion Administrators potential of arising and Department Directors, and the 0 Maintain effective working relationships :t Constitutional Officers to better ensure that with County Manager staff and operations between these agencies and the Constitutional Officers Board of County Commissioners are effectively coordinated. Comments: 3 ,. Agenda Item No. 9G October 11, 2005 Page 23 of 43 C.3 (External) The County Attorney will be 0 Communication skills (written and oral) 2. expected to provide information to the public are effective, clear and concise through public speaking engagements, 0 Makes himself available to attend 2- seminars, print and electronic media. meetings when requested Comments: C.4 The County Attorney will be expected to CI Ability to communicate effectively, 2. administer the office to assure that the general tactfully, and courteously public is responded to in a timely and accurate D Responsive to questions J manner. Comments: J'.". tJ..~ ~~ it ~~-tkx~ ~ ~ 4. ~ h:A:. 6'\ tht... ~ t ~ I FISCAL MANAGEMENT MEASURES Rating F.1 The County Attorney will develop an 0 Compile and analyze financial, ~ annual bUdget for the Office of the County budgetary, and statistical data and Attorney that will be presented to the Board of present a realistic, cost effective bUdget County Commissioners for review and approval 0 Ability 10 prepare an annual pay plan for 2- through the budget process developed by the the Office of the County Attorney County Manager. Comments: 4 Agenda Item No. 98 October 11 , 2005 Page 24 of 43 F.2 The County Attorney will assure that the Q Prudent administration of County ;Z budget for the Office of the County Attorney is Attorney Office budget; fiscally effectively administered and the Board is timely responsible informed on any extraordinary matters arising Q Communicate in a prompt, timely manner throughout the year. any extraordinary issues that arise during "- the fiscal year. Comments: F.3 The County Attorney will assure that bond 0 Responsive to questions ,~ issues and other financing matters of a legal 0 Advice demonstrates that the issues 3 nature are coordinated through the County have been thoroughly analyzed Manager, Clerk, Financial Advisor. Bond 0 Demonstrates a comprehensive 3 Counsel, and Disclosure Counsel. understanding of bond issues and related financing matters Comments: - LEADERSHIP I PERSONNEL MANAGEMENT MEASURES Rating P,1 The County Attorney will assure that there are clear goals and objectives established and that they are effectively communicated throughout the County Attorney Office. o Planning & organization: establish goals and priorities. analyze and evaluate organizational effectiveness and make sound decisions. o Application of management techniques to ensure compliance with organizational policies and directives, to control quality, quantity, time and costs. 2. )... Comments: ~ tv.. ~ ~, ~ ~. )".,.... w-& J~ ,......" U r~ "r~~ w-Ld.~ii.:'4t--, 5 ,t '. Agenda Item No. 9G October 11, 2005 Page 25 of 43 P.2 The goals of the Board of County CJ Application of management techniques to Commissioners and County Manager are ensure creative and proactive assistance 2- effectively understood and proper assistance is to respective clients. provided by the County Attorney's Office in CJ Guide and direct staff to maximize Jegal 7.. pursuit of said goals. resources with client needs. Comments: P.3 The County Attorney will assure that 0 Provide encouragement, guidance and employees are provided perfonnance direction to subordinates with regard to '" expectations and performance evaluations that their development and improvement. are designed to enhance performance. Coaching, counseling and helping employees overcome job problems and develop career'plans. - CJ Assess performance strengths and deficiencies, encourage and reward ~ employees and/or exercise appropriate discipline. Comments: P.4 The County Attorney will assure that 0 Understanding of effective interviewing ..? qualified applicants are recruited and selected techniques to provide the Board with superior legal advice [J Thorough awareness of organizational ~ and representation. needs and desires CJ Knowledge of market conditions relating ~ to compensation and benefit Dackaoes Comments: 6 ,. Agenda Item No. 9G October 11, 2005 Page 26 of 43 P.5 The County Attorney wlll assure that D Encourage employees to attend training ~ training is provided to all staff to assure that the to better enhance knowledge and skUls Board is being provided with the best legal D Periodic in-house trainIng for updates advice and representation possible. and uniformity of legal performance by :t staff Comments: 7 " r- ~.)t C)f- J 1':L J.... 11. ;T\I A~Tl-l~IPi\'C\( u;,JUI\lil d .\I"'~, Agenda Item No. 9G October 11, 2005 Page 27 of 43 MEMtr22 ?.'i 2:06 DATE: 9/22/05 TO: David Weigel County Attorney FROM: Frank Halas Commissioner, District 2 SUBJECT: Count Attorney Annual Appraisal . Attached please find my annual appraisal. Due to an interoffice error this was regrettably not transmitted in time to be made a part of the printed agenda packet. -] Prank Halas Commissioner, District 2 .<7 '>////~7 ~/:J---,(~' ~ ...., .-" ......--, ./ . ,,- , -.-/ ',- ". :::--'~~'.:~ FH/tlm c: Board of County Commissioners Media File Agenda Item No. 9G October 11, 2005 Page 28 of 43 FY 2004 I 2005 Action Plan David C. Weigel, County Attorney The County Attorney is charged with the responsibility of planning, directing and reviewing the activities and operations of the Office of the County Attorney. He is to act as legal advisor and counsel for the Board of County Commissioners, advisory boards and committees, County Manager and his agencies. The County Attorney through the assistant county attorneys and supporting staff represent the County in wide-ranging complex litigation relating to implementation of government policies and capital projects, eminent domain, personal injury, property damage, workplace I personnel matters, finance and land use. The County Attomey is responSible for policy documents (resolutions), legislation (ordinances and special acts), and the drafting or legal review and revision of all contracts, real property conveyance documents and other Board signatory documents. The following Action Plan has been developed in an effort to provide clear expectations for the County Attorney for the period from October 2004 through September 2005. The Action Plan is based on the broad areas generally expected to be performed by the Managing Partner of a law firm, including: legal advice; leadership I organizational direction; communications, public response and outreach; fiscal management; and personnel management. . At the conclusion of the fiscal year, the Board of County Commissioners will be asked to perform an annual evaluation of the County Attorney's performance by rating each of the following performance objectives on a 1 to 3 scale [1 - Below Standards; 2 - Meets Standards; 3 - Exceeds Standards]. Individual evaluations will be totaled and averaged to determine the Board's collective position. Evaluation Ratina Document 1 LEGAL ADVICE L.1 The County Attorney will provide proactive advice, and assure timely responses to both written and oral questions from the Board of County Commissioners, County Manager, his agencies and employees. Agenda Item No. 9G October 11, 2005 Page 29 of 43 MEASURES Rating CJ Communication skills (written and oral) are effective, clear and concise o Responsive to questions CJ Advice demonstrates that the issues have been thoroughly analyzed o Provides creative and proactive responses 1 Comments: Communication from the CA and his staff consistently is ineffective or unclear. Neither the CA nor his staff give concise directives or opinions in response to questions. The CA has not responded to my repeated requests that he appropriately interject himself into the motion-making process to assure that all pertinent discussion items are included or referenced in motions. This task often falls to the County Manager by default. This is unacceptable. Even when directly asked, the CA's responses are rarely proactive or responsive. We usually hear about the problems or ambiguities attached to an action rather than a creative method of achieving our goals or a clear statement that it cannot be done. There has been a slight improvement in the last 2 aT 3 meetings but there is still a long way to go. Often it does not appear during BCC meetings that agenda items have been explored or that the CA is alert to potential problems or has thought about appropriate legal interventions to allow them to be safely addressed. TIlls too is unacceptable. L.2 The County Attorney will assure that the County is provided the best possible representation in all litigation matters. D Best utilization of in-house and outside counsel :J Effective selection of outside counsell expertise in specialized fields !:l Well chosen litigation communication techniques, e.g. public meetings, shade meetings, written and spoken communiques 1 Comments: In past Bert Harris claims (and threats of claims), I felt that our representation was weak at best I feel that on matters of this great importance, when citizen interest and welfare is at stake, we need to use a Bert Harris-experienced legal team. Since our settlement of the Bellagio suit, we have been placed in a disadvantaged position. I believe that we have developed an inappropriately defensive posture. One example is our inability or reluctance to defend our 75' height limits in the Vanderbilt RT Overlay and our density limitations in the coastal high hazard area. In my opinion this carries over into other areas where we back away from enforcement when suits are threatened. Letting people have their way, taking no enforcement action, may avoid a law suit but it rarely helps us achieve our overall goals. It merely identifies us as an easy target We need better work at both ends of the decision making process - well structured and enforceable resolutions and excellent defense when threatened. 2 Agenda Item No. 9G October 11 , 2005 Page 30 of 43 L.3 The County Attorney will assure that CJ New legislation reviewed and copies of accurate, prompt legislative updates and appropriate bills provided to suggestions are provided to the Board Commissioners and staff in a timely members, County Manager and county staff, manner :J Thorough analysis and its effects on the 2 County provided to Commissioners and staff in a timely manner Comments: Legislative updates are routinely and appropriately passed on. I also receive these updates via email from F AC and the County Manager's office. County Manager's office many times addresses legislative issues and their implications. Very rarely does the CA proactively weigh in. Suggestions are very rare. L.4 The County Attorney shall advise the 0 Communication skills (written and oral) Board or its members to make Attorney are effective, clear and concise General Opinion requests, or Commission on CJ Responsive to questions Ethics opinion requests, and inform the Board 0 Advice demonstrates that the issues of pertinent opinions and case law. The County have been thoroughly analyzed 2 Attorney shall be evaluated for opinions CJ Provides creative and proactive provided relating to Chapter 112. Part III, responses Florida Statutes and the Collier County Ethics Ordinance. Comments: - Our present ethics ordinances are so tight as to leave little room for interpretation. Advice when given has been useful. 3 COMMUNICATION, PUBLIC RESPONSE & OUTREACH C.1 (Intemal) The County Attorney will be expected to educate and update county staff to reduce creation of legal issues and lawsuits in the workplace and from work as performed. Agenda Item No. 9G October 11, 2005 Page 31 of 43 MEASURES Ratl ng Q Provide interim workshops / seminars to county staff covering work related issues to reduce county liability o Proactive review of divtsion I department policies and suggest possible updates. :J Maintain open lines of communication with County Manager, Division Administrators, and Department Directors 1 Comments: Public Records, Sunshine and Ethics are well-developed areas oflawand I appreciate the regular communication of their provisions to employees and departments and the consultation with departments when areas of potential or actual violation arise. There may be workshops on other legal matters; ifso, I am unaware of them My largest disappoinnnent is in the interface between the CA's staff and other departments in the other areas of vita] concern, primarily development and environmental issues. In these areas, the education and counsel provided leaves a great deal to be desired. Too many options are left open and too many responses are ambiguous. Final and defInitive positions are routinely withheld at decision-making moments. Errors invariably are the result of excessive caution or lack of a well researched defensive position. Although I would never promote reckless decision making, I expect vigorous defense of our enforcement efforts relative to_ our land development codes and related ordinances. Both the CA and his staff, assumedly under his direction, back away from firm statements and fail to produce legal positions or case law supportive of enforcement or application efforts. I also strongly believe and have communicated that it is the CA's responsibility insure that all PUD documents are reviewed prior to their adoption to insure that all relevant provisions negotiated in the approval process are reflected in the PUD itself and are binding on the developer. One among many cases in point: the current problems between Palm Academy pLJ1) and the neighboring HOA. The CA is present at all the meetings and is party to all the negotiations. There is no reason why the provisions should be absent If clarification is needed that these negotiated items should be a part of any motion made on the PUD, the CA should surface those items at the time and suggest they be included or referenced in the adopting motion. Other spontaneous guidance should be forthcoming at LDC meetings, workshops, and discussion to allow us to uphold both the letter and the spirit of OUI' codes and to ensure that we can meet our concurrency requirements. C.2 (Internal) The County Attorney will be expected to regUlarly communicate with the County Manager, his Division Administrators and Department Directors, and the Constitutional Officers to better ensure that operations between these agencies and the Board of County Commissioners are effectively coordinated. [J Provide creative and proactive advice to questions or issues that arise or have the potential of arising Q Maintain effective working relationships with County Manager staff and Constitutional Officers 1 Comments: Corrnnunications between the CA and the BCC while in session are very limited. I do not see mere attendance at meetings as "communication". Spontaneous communication with me as initiated by the CA is extremely rare. 1 have no knowledge of whether comrmmication is more frequent or spontaneous with the County Manager or other department heads and Constitutional Officers nor can I assess the nature of daily working relationships between the CA and those people. The rating therefore does not reflect these interactions. I am aware, however, ofan overall sense offrustration with the results of communications with the CA' s office. The CA and his staff do respond to specific requests I initiate to attend meetings and provide information, but creative and proactive advice on District 2 issues and on county-wide issue where it is knOV\'ll that r have a strong interest is essentially non-existent. 4 Agenda Item No. 9G October 11, 2005 Page 32 of 43 C.3 (External) The County Attorney will be expected to provide information to the public through public speaking engagements, seminars, print and electronic media. Q Communication skills (written and oral) are effective, clear and concise Q Makes himself available to attend meetings when requested 3 Comments: The CA and his staff provide good community service attending and speaking when requested by the public. I am unaware of their use of electronic media. C.4 The County Attorney will be expected to administer the office to assure that the general public is responded to in a timely and accurate manner. Cl Ability to communicate effectively, tactfully, and courteously Cl Responsive to questions 2 Comments: Meets requirements. I appreciate the courtesy afforded citizens. I would appreciate greater speed, more ongoing communication with the citizens involved in complex issues and more defInitive resolutions. The Vanderbilt boat canopy issue is one case in point. FISCAL MANAGEMENT MEASURES Rating F.1 The County Attorney will develop an Q Compile and analyze financial, annual budget for the Office of the County budgetary, and statistical data and Attorney that will be presented to the Board of present a realistic, cost effective budget 2 County Commissioners for review and approval ;:J Ability to prepare an annual pay plan for through the budget process developed by the ti1e Office of the County Attorney County Manager. Comments: FY 05-06 Budget was presented within the guidelines established. This is consistent with prior years and is connnendable. I have no knowledge of who completed the analysis or prepared the pay plan. F.2 The County Attorney will assure that the I:J Prudent administration of County budget for the Office of the County Attorney is Attorney Office budget; fiscally effectively administered and the Board is timely responsible 2 informed on any extraordinary matters arising Q Communicate in a prompt, timely manner throughout the year. any extraordinary issues that arise during the fiscal year. Comments: This basic duty is performed satisfactorily. F.3 The County Attorney will assure that bond Cl Responsive to questions issues and other financing matters of a legal ;:J Advice demonstrates that the issues nature are coordinated through the County have been thoroughly analyzed 2 Manager, Clerk, Financial Advisor, Bond 0 Demonstrates a comprehensive Counsel, and Disclosure Counsel. understanding of bond issues and related financing matters Comments: Primary responsibility for this area falls to the County Clerk. I have been informed of no problems in this area interfacing with the CA or getting assistance required. 5 LEADERSHIP I PERSONNEL MANAGEMENT P.1 The County Attorney will assure that there are clear goals and objectives established and that they are effectively communicated throughout the County Attorney Office. Agenda Item No. 9G October 11, 2005 Page 33 of 43 MEASURES Rating CJ Planning & organization: establish goals and priorities, analyze and evaluate organizational effectiveness and make sound decisions. CJ Application of management techniques to ensure compliance with organizational policies and directives, to control quality, quantity, time and costs. 1 Comments: Departmental planning and organization appear to be totally lacking. For example, when asking a question or seeking direction of the CA or his staff, I find it ne{;essary to pull out answers painfully. When answers finally come, I frod most of them to be jumbled - never concise, never to the point, and always cloudy. It is nearly impossible to get a definitive legal opinion in writing. Real guidance is not forthcoming. The office appears to be essentially a bureaucratic structure and offers little guidance. If case law research is done, it is not provided as support for a position. I see no evidence that management is progressive or goal-oriented or seeks any performance above mediocre. Taken as a whole, I fmd the overall functioning of the office to be uninspiring and run-<lf-the -mill. Great emphasis appears to be placed on routine, rarely is there a -stellar performance or opinion generated. The operation appears to constantly seek a safe, bureaucratic middle ground, confining its activities to the routine and seeking to eliminate irrnnediate risk regardless of the long term cost. P.2 The goals of the Board of County Commissioners and County Manager are effectively understood and proper assistance is provided by the County Attorney's Office in pursuit of said goals. o Application of management techniques to ensure creative and proactive assistance to respective clients. CJ Guide and direct staff to maximize legal resources with client needs. 1 Comments: Staff never seems prepared at commission meetings or workshops. Taken as a group they are neither creative nor proactive. They appear to be in limbo, never anticipating what may be forthcoming from an opposing side. I look for the CA and his staff to be more assertive and more forthcoming with information at commission meetings and during one-on-one preparation. P,3 The County Attorney will assure that employees are provided performance expectations and performance evaluations that are designed to enhance performance. o Provide encouragement, guidance and direction to subordinates with regard to their development and improvement. Coaching, counseling and helping employees overcome job problems and develop career plans. CJ Assess performance strengths and deficiencies, encourage and reward employees and/or exercise appropriate discipline. 1 Comments: I see a lack of leadership here in encouraging the growth potential of subordinates and encouraging out-of-the box thinking. CA needs to model assertive behavior and definitive responses. Subordinates should be encouraged to be more open in expressing their legal findings or saying that they do not know the answers to questions. Subordinates should be given assignments that allow them to grow rather than regularly going to outside counsel or legal assistance. 6 Agenda Item No. 9G October 11 , 2005 Page 34 of 43 P.4 The County Attorney will assure that qualified applicants are recruited and selected to provide the Board with superior legal advice and representation. Cl Understanding of effective interviewing techniques [:J Thorough awareness of organ izational needs and desires Cl Knowledge of market conditions relating to comoensation and benefit oackaaes 2 Comments; Future employee selection should focus on fmding people who are more experienced in some specific areas of need, like land development and growth management. Also employees should be sought who proactive, creative, dynamic, who can be appropriately assertive, and who present a professional appearance. I cannot connnent on interviewing techniques and related areas since I have no knowledge of the selection process the CA uses. P.5 The County Attorney will assure that training is provided to all staff to assure that the Board is being provided with the best legal advice and representation possible. o Encourage employees to attend training to better enhance knowledge and skills Q Periodic in-house training for updates and uniformity of legal performance by staff 1 Comments: Much of my sentiment in this area has been covered in other comments. I want to emphasize the following: In every proceeding, whoever is representing fue CA should be able and prcpared to review all testimony and legal assessments made by the petitioner and make appropriate interventions when required. They should be prepared to intervene appropriately during proceedings and assist the Commission or other bodies to phrase motions to reflect the substance and necessary components of the decisions made. Whoever is assigned by the CA to follow up on a document flowing from official proceedings (Pl..TIs and the like) should be able and prcpared to address any deficiencies or inaccuracies and insure that any verbal agreements negotiated during the proceedings are incorporated into the final written agreements. Language used should be clear, concise and most important enforoeable. This is to protect the citizens of Collier County. We have way too many "glitches" and ambiguous and ultimately unenforceable agreements and codes. according to what even the CA staff frequently tells us. We cannot afford to have this continue. 7 Agenda Item No. 9G October 11, 2005 Page 35 of 43 MEMORANDUM DATE: September 21,2005 TO: David Weigel, County Attorney FROM: Tom Henning Commissioner, District 3 SUBJECT: FY 04/05 Appraisal Following is my assessment of your performance for the FY 04/05 as requested and required by you. L.t Rating: 2 I have found the County Attorney has completed this task accordingly. L.2 Rating: 2 I have found the County Attorney has provided sufficient representation in all litigation matters. L.3 Rating: 2 It is my opinion that there will never be affordable tools to monitor all bills submitted in the State and Federal law-making process. L.4 Rating: 3 I have found the County Attorney has exceeded the requirements of providing the BCC ethical opinions at both the state and county levels. c.t Rating: 2 policies. C.2 Rating: 2 C.3 Rating: 3 C.4 Rating: 3 F.t Rating: 2 F.2 Rating: 2 F.3 Rating: 3 Keeps county staff informed when policy making and enforcing David Weigel Appraisal Page Two September 21, 2005 Agenda Item No. 9G October 11, 2005 Page 36 of 43 P.I Rating: 3 I am pleased to see that the County Attorney has developed an effecti ve time management system. P.2 Rating: 2 I don't believe the BCC goals are understood or carried out; but that is NOT the duty of the County Attorney. P.3 Rating: 3++ I have always found the County Attorney's staff proactive in providing the BeC with complete information. I think you do an exceptional job in this aspect. P.4 Rating: 3++ P.5 Rating: 3 Overall David, I am very please with you and your staff; your knowledge, professionalism. and ethical work standards are appreciated. Tom Henning Commissioner, District 3 TII:mst attachment Agenda Item No. 9G October 11, 2005 Page 37 of 43 FY 2004 / 2005 Action Plan David C. Weigel, County Attorney The County Attorney is charged with the responsibility of planning, directing and reviewing the activities and operations of the Office of the County Attorney. He is to act as legal advisor and counsel for the Board of County Commissioners, advisory boards and committees, County Manager and his agencies. The County Attorney through the assistant county attorneys and supporting staff represent the County in wide-ranging complex litigation relating to implementation of government policies and capital projects, eminent domain, personal injury, property damage, workplace I personnel matters, finance and land use. The County Attorney is responsible for policy documents (resolutrons), legislation (ordinances and special acts), and the drafting or legal review and revision of all contracts, real property conveyance documents and other Board signatory documents. The following Action Plan has been developed in an effort to provide clear expectations for the County Attorney for the period from October 2004 through September 2005. The Action Plan is based on the broad areas generally expected to be performed by the Managing Partner of a law firm, including: legal advice; leadership I organizational direction; communications, pUblic response and. outreach; fiscal management; and personnel management. At the conclusion of the fiscal year, the Board of County Commissioners will be asked to perform an annual evaluation of the County Attorney's performance by rating each of the following performance objectives on a 1 to 3 scale [1 - Below Standards; 2 - Meets Standards; 3 - Exceeds Standards]. Individual evaluations will be totaled and averaged to determine the Board's collective position. Evaluation Rating Document .' .' Agenda Item No. 9G October 11, 2005 Page 38 of 43 LEGAL ADVICE MEASURES vRatlna L.1 The County Attorney will provide proactive Q Communication skills (written and oral) advice, and assure timely responses to both are effective, clear and concise written and oral questions from the Board of Q Responsive to questions County Commissioners, County Manager, his Q Advice demonstrates that the issues agencies and employees. have been thoroughly analyzed lJ Provides creative and proactive responses Comments: L.2 The County Attorney will assure that the Q Best utilfzation of in-house and outside County is provided the best possible counsel representation in all litigation matters. :J Effective selecti6n of outside counsell expertise in speCialized fields 1::1 Well chosen litigation communication techniques, e.g. public meetings, shade meetings, written and spoken' communiques Comments: l.3 The County Attorney will assure that 1::1 New legislation reviewed and copies of accurate, prompt legislative updates and appropriate bllls provided to suggestions are provided to the Board Commissioners and staff in a timely members, County Manager and county staff. manner lJ Thorough analysis and its effects on the County provided to Commissioners and staff in a timely manner Comments: 2 Agenda Item No. 9G October 11, 2005 Page 39 of 43 LA The County Attorney shall advise the 0 Communication skills (written and oral) Board or its members to make Attorney are effective, clear and concise - General Opinion requests, or Commission on 0 Responsive to questions Ethics opinion requests, and inform the Board 0 Advice demonstrates that the issues of pertinent opinions and case law. The County have been thoroughly analyzed Attorney shall be evaluated for opinions 0 Provides creative and proactive provided relating to Chapter 112, Part III, responses Florida Statutes and the Collier County Ethics Ordinance. Comments: COMMUNICATION, PUBLIC RESPONSE & MEASURES Rating OUTREACH C.1 (Internal) The County Attorney will be 0 Provide interim workshops' seminars to expected to educate and update county staff to county staff cov~ring work related issues reduce creation of legal issues and lawsuits in to reduce counfy liability the workplace and from work as performed. 0 Proactive review of division I department policies and suggest possible updates. 0 Maintain open lines' of communication with County Manager, Division Administrators, and Department Directors Comments: C.2 (Internal) The County Attorney will be 0 Provide creative and proactive advice to expected to regularly communicate with the questions or issues that arise or have the County Manager, his Division Administrators potential of arising and Department Oirectors, and the 0 Maintain effective working relationships Constitutional Officers to better ensure that with County Manager staff and operations between these agencies and the Constitutional Officers Board of County Commissioners are effectively coordinated. Comments: 3 Agenda Item No. 9G October 11 , 2005 Page 40 of 43 C.3 (External) The County Attorney will be Cl Communication skills (written and oral) expected to provide information to the public are effective, clear and concise ~ through public speaking engagements, !:l Makes himself available to attend seminars, print and electronic media. meetings when requested Comments: C.4 The County Attorney will be expected to D Ability to communicate effectively, administer the office to assure that the general tactfully, and courteously public is responded to in a timely and accurate 0 Responsive to questions manner. Comments: - FISCAL MANAGEMENT MEASURES Rating F.1 The County Attorney will develop an 0 Compile and analyze financial, annual budget for the Office of the County budgetary, and statistical data and Attorney that will be presented to the Board of present a realistic, cost effective budget County Commissioners for review and approval Q Ability to prepare an annual pay plan for through the budget process developed by the the Office of the County Attorney County Manager. Comments: 4 Agenda Item No. 9G October 11, 2005 Page 41 of 43 F.2 The County Attorney will assure that the 0 Prudent administration of County budget for the Office of the County Attorney is Attorney Office budget; fiscally ~ effectively administered and the Board is timely responsible informed on any extraordinary matters arising 0 Communicate in a prompt, timely manner throughout the year. any extraordinary issues that arise during the fiscal year. Comments: F.3 The County Attorney will assure that bond 0 Responsive to questions issues and other financing matters of a legal 0 Advice demonstrates that the issues nature are coordinated through the County have been thoroughly analyzed Manager, Clerk, Financial Advisor, Bond 0 Demonstrates a comprehensive Counsel, and Disclosure Counsel. understanding of bond issues and related financing matters Comments: - LEADERSHIP / PERSONNEL MANAGEMENT MEASURES Rating P.1 The County Attorney will assure that there 0 Planning & organization: establish goals are clear goals and objectives established and and priorities, analyze and evaluate that they are effectively communicated organizational effectiveness and make throughout the County Attorney Office. sound decisions. 0 Application of management techniques to ensure compliance with organizational policies and directives, to control quality, quantity, time and costs. Comments: 5 " Agenda Item No. 98 October 11, 2005 Page 42 of 43 P.2 The goals of the Board of County Q Application of management techniques to Commissioners and County Manager are ensure creative and proactive assistance - effectively understood and proper assistance is to respective clients. provided by the County Attorney's Office in D Guide and direct staff to maximize legal pursuit of said goals. resources with client needs, Comments: P.3 The County Attorney will assure that D Provide encouragement. guidance and employees are provided performance direction to subordinates with regard to expectations and performance evaluations that their development and Improvement. are designed to enhance performance. Coaching, counseling and helping employees overcome job problems and develop career plans. Q Assess performance strengths and deficiencies, encourage and reward - employees and/or exercise appropriate discipline. Comments: P.4 The County Attorney will assure that D Understanding of effective interviewing qualified applicants are recruited and selected techniques to provide the Board with superior legal advice Q Thorough awareness of organizational and representation. needs and desires Q Knowledge of market conditions relating to compensation and benefit packages Comments: 6 . ~- . , Agenda Item No. 9G . . October 11, 2005 . "' Page 43 of 43 P,S The County Attorney will assure that Q Encourage employees to attend training training is provided to all staff to assure that the to better enhance knowledge and skills ~ Board is being provided with the best legal CJ Periodic in-house training for updates advice and representation possible. and uniformity of legal performance by staff Comments: "' 7 Agenda Item No. 9H ()ctober 11, 2005 Page 1 of 24 APPOINTMENT OF MEMBER(S) TO THE ANIMAL SERVICES ADVISORY BOARD -- OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on April 13,2007, to the Animal Services Advisory Board. CONSIDERATIONS: The Animal Services Advisory Board is a 7-member board that was created on January 27,2004 by Ordinance No. 2004-06 to make recommendations to the Board of County Commissioners on programs, services, classes and special events that will further assist Collier County Domestic Animal Services in providing the best possible service to the community. They will also analyze and review construction and improvements to Domestic animal Services facilities and make recommendations to the Board of County Commissioners regarding such facilities. Three (3) members shall serve a term of four (4) years; two (2) members shall serve a term of three (3) years; and two (2) members shall serve a term of two (2) years. After initial appointments, terms will be 4 years. Membership shall represent the following categories: 1 - Humane Society of Collier County 1 - Law Enforcement 1 - Veterinarian or Vet Tech 1 - Animal Activist Group 2 - At Large A list of the current membership is included in the backup. ,~ Ms. Linda Kramer, representing "Animal Activist" resigned on February 24,2005. A press release was issued and resumes were received from the following 6 interested citizens: APPLICANT CATEGORY DlST ELECTOR ADV. COMM. Michele Antonia Animal Activist 5 Yes None Catherine E. Kidon Animal Activist 4 Yes None Melody Brovitz Animal Activist 1 Yes None Larry Greenberg Animal Activist 5 Yes None Sue C. Schulte Animal Activist 4 Yes None Karen R. Gudknecht Animal Activist 3 Yes None Nancy A. Kamyck Animal Activist 1 Yes None COMMITTEE RECOMMENDATION: Michele Antonia 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: OCTOBER 11, 2005 Agenda Itern No. 9H October 11 . 2005 Page 2 01 24 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 9H A,ppointmel\t o~ member to the Animal Se-r....ir.es Ad'l!r..,ry Goard 10!11120()5 90000 AM Prellared By Sue Fillion ElIecutive Manager to the Bee DJJte Bo~rd of Counfy CommlsliiOllerlO BCCOffICl!! 9f28JZOO~ 3;J5:!;IO PM Allproved By James V, Mudd Counly Manager [);o.e Board 01' C OUl\ty Comml$sionlHS Ctlunty Managc-r's OfftCI! 1013/20054;58 PM ~:~~:".;J", z~ ~~ ~~IiJAS / '; ~ " ) ; (J _1 (~'\ Agenda Item No. 9H October 11 , 2005 Page 3 of 24 Memorandum RECEIVED Dei 0 3 2005 To: Sue Filson Board of County Commissioners From: Margo Castorena Date: 10-03-05 Subject: Advisory Committee Selection Attached are the seven applications received by the DAS Advisory Committee for the current vacancy. Michele Antonia was the successful candidate. AU applicants were considered animal activist. Should you have any questions please fell free to contact me at 530-7387. Domestic Animal Services Department Agenda Item No. 9H October 11 , 2005 Page 4 of 24 Animal Services Advisory Baord Name . Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Karen M. Acquard. 04/13/04 04/13/08 4 Years 441 24th Avenue, N.E. 455-8318 Naples, FL 34120 E-Mail: ladij@att.net District: 5 Category: At-Large Dr. Randall Eisel 513-1777 04/13/04 04/13/08 4 Years 5256 Coral Wood Drive 455-7674 Naples, FL 34119 E-Mail: District: 3 Category: Veterinarian or Vet Tech Sergeant David Estes 253-4087 04/13/04 04/13/07 3 Years 3301 E. Tamiami Trail 793-9138 Naples, FL 34lt2 E-Mail: District: Category: Law Enforcement Mr. William Thomas Kepp, Jr. 825-5834 04/13/04 04/13/08 4 Years 6491 Sable Ridge Lane 514-2193 Naples, FL 34109 E-Mail: bibtom@aoLcom District: 3 Category: Humane Society of Collier County Ms. Linda Kramer l~raJ, 04/13/04 04/13/07 3 Years 3671 1st Avenue, S.W. re5' ?,'4# 352-7249 Naples, FL 34117 J. . E-Mail: District: 5 CaJegory: Animal Activist Group Friday, May 21, 2004 Page 1 0/2 Agenda Item No. 9H October 11 , 2005 Page 5 of 24 ," ~- Animal Services Advisory Baord Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Susan Weiss 592-9388 04/13/04 04/13/06 2 Years 6615 Chestnut Circle 594-6980 Naples, FL 34109 E-Mail: susan3@arknaturals.com District: 2 Category: Pet Retail Ms. Jennifer L. Hawke 254-2238 04/13/04 04/13/06 2 Years 728 Belville Boulevard 793-2380 Naples, FL 34104 E-Mail: jhawks@swtla.rr.com District: 3 Category: At Large This 7-member board was created on January 27, 2004 by Ordinance No.2~ to make recommendations to the Board of County Commissioners on programs, services. classes and special events that will further assist Collier County Domestic Animal Services in providing the best possible service to Ihe oommunity. They will also anatyze and review construction and improvements to Domestic animal Services facilities and make recommendations to the Board of County Commissioners regarding such facilities. Three (3) members shall serve a term of four (4) years; two (2) members shall serve a term of three (3) years; and two (2) members shall serve a term of two (2) years. After initial appoinbnents, terms will be 4 years. Membership shall represent the following categories: 1 - Humane Society of Collier County 1 - Law Enforcement 1 - Veterinarian or Vet Tech 1 - Animal Activist Group 2 - At large FL STAT Staff: Beth Walsh, Interim Director, DAS: 530-7387 Friday, May 21,2004 Page 20f2 ) w .. Agenda Item No. 9H October 11, 2005 Page 6 of 24 MEMORANDUM RECEIVED OCT 0 3 2005 Board of County Commissioners FROM: September 30, 2005 Elections Office \ ~ / Sue Filson, Executive Manager~~ · Bo~dofCoun~Co~wne~ DATE: TO: RE: V oter Registration - Advisory Board Appointments The Bo~d of County Commissione~ will soon consider the following individuals for appointment to one of the county's advisory conmittees. Please let me know if those listed below are registered voters in Collier Coun~. Also, please list the commission district in which each applicant resides. ANIMAL SERVICES ADVISORY BOARD COMMISSION DISTRICT Catherine E. Kidon 1148 Pompei lane Naples, FL 34103 :3 ~ Michele Antonia 7620 Rookery Lane ~aples, FL 34120 Melody Brovitz 1864 Dogwood Drive M~co Island. FL 34145 ) Larry Greenberg 3371 ~ Avenue. N.W. Naples, FL 34120 Sue C. Schulte 490 Palm Circle, W. Naples. FL 34102 :3 ~ . , Agenda Item No. 9H October 11 , 2005 Page 7 of 24 Nancy A Kamyck 89A Dolphin Circle Naples, FL 34113 / 3 Karen R. Gudknecht 200 Vintage Circle, Apt. 102 Naples, FL 34119 Thank you for your help. Agenda Item No. 9H October 11, 2005 Page 8 of 24 MEMORANDUM DATE: September 30, 2006 TO: Margo Castorena, DAS Director \ FROM: Sue Filso~ Executive Manager Board of County Commissio RE: Animal Services Advisory Board As you know, we currently have 1 vacancy 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: Michele Antonia 7620 Rookery Lane Naples, FL 34120 Catherine E. Kidon 1148 Pompei lane Naples, FL 34103 Melody Brovitz 1864 Dogwood Drive Marco Island, FL 34145 Larry Greenberg 3371 7th Avenue, N.W. Naples, FL 34120 Sue C. Schuhe 490 Palm Circle, W. Naples, FL 34102 Nancy A. Kamyck 89 A Dolphin Circle Naples, FL 34113 Agenda Item No. 9H October 11, 2005 Page 9 of 24 Karen R. Gudknecht 200 Vintage Circle, Apt 102 Nap~ FL 34119 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration. Please categorize tile applicants in areas or expertise. Uyou have any questions, please call me at 774-8097. 1bank you for your attention to this matter. SF Attachments Page 1 of 3 Agenda Item No. 9H October 11, 2005 Page 10 of 24 "-'son_s From: advisoryboards@colliergov .net Sent: Sunday, July 17.20052:32 PM To: filson_s Subject: New On-fine Advisory Board Application SublTitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 "A.-t~' 'I..' .''''0, .I 'J . ..' ,/':7' . . ;. ". (' . .. , '. . -1 -4' J ;' July 17, 2005 Application for Advisory Committees I Boards Name: Michele Antonia Home Phone: 239-353-1901 Home Address: 7620 Rookery Lane City: Naples, Florida Zip Code: 34120 Fax Number: 239-353-1901 Business Phone: 239-377-0981 Email Address:bhumane@earthlink.net Place of Employment: School District of Collier CountylWalker Institute of Technology 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: Domestic Animal Services Category: (if applicable) Animal Rights Activist Do you currently hold public office? No 7/19/2005 Page 2 of 3 Agenda Item No. 9H October 11 , 2005 Page 11 of 24 Do you now serve, or have you served on a Yes Collier County board or committee? If yes, please list the boards I committees: Golden Gate Community Center Advisory Board Please list your community activities: -Founder of Animal Compassion Project, Inc., a 501 c3 feral cat and companion animal rescue resource and referral, serving Collier County and southern Lee County - Volunteer for Volunteer Services for Animals -Member of the Corkscrew Island Civic Association -Volunteered for the Humane Society of Collier County -Volunteered for Floridians for Humane Farms in getting legislation passed to ban gestation crates in the state of Florida -Volunteered for Citizens for the Protection of Animals to raise community awareness regarding slot machines at greyhound tracks (proposition 4 in the last election) -Have been involved in numerous animal rights activities, to name a few, such as collecting signatures on a petition to send to the President of Cameroon to protect the low-land gorillas, organizing a group of teachers to write postcards to protect the dolphins, translating and making veterinary arrangements for non-English speaking residents of Collier County, and providing food for the animals of homeless individuals. Education: -B.S. Degree in Secondary Education, major in Spanish California State University, California, PA (Attended the University of Valencia, Valencia, Spain> -M.Ed. Degree in Reading K-12 California State University, California, PA (additional graduate work at the University of Juarez Institute of Romance Languages, Durango, Dgo., Mexico; Florida International University; University of South Florida) -Attend the University of Florida, School of Veterinary Medicine, Division of Continuing Education's Annual Cat Conference (Receive training in such areas as first aid for dogs and cats, recognizing symptoms of diseases, and feline behavior) Experience I Background: -1988-Present Teacher for The School District of Collier Countyl Lorenzo Walker Institute of Technology, in Naples and Immokalee Areas of expertise include Work Evaluation Program, Diversified Cooperative Training 7/19/2005 Page 3 of3 Agenda Item No. 9H October 11, 2005 Page 12 of 24 (teaching English, job skills and good work ethics to hotel employees), ESL, GED, Adult Basic Education, Vocational Preparatory Instruction -1984-1988 Director of Support Services, Humane Society of Collier County Duties included public relations; presenting humane education programs to Collier County Schools, both public and private; serving as volunteer coordinator, fund raising, pet assisted therapy With a small group of very dedicated volunteers, established the Humane Society's first thrift store -1984-85 Served as part-time director for Immokalee Developmental Services, a day program for developmentally challenged adults funded by HRS (Wlile I served as part-time director, it was the first time that IDS had ever received a 100% evaluation score from HRS.)- 1980-84 Teacher for the School District of Collier County/lmmokalee Middle School Served as Resource Specialist for a Title VII bilingual program; taught ESL, language arts, Spanish -1972-80 Teacher for the Connellsville Area School District/Junior High East, Connellsville, PA; served as department chairperson 7/19/2005 Page 1 of2 Agenda Item No. 9H October 11, 2005 Page 13 of 24 filson_s From: advisoryboards@colliergov.net Sent: Wednesday, August 24, 2005 9:38 AM To: filson_s Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239) 774-3602 ". ~~: i..~ ....~~ I .~. ~.'; . .~. . .... :..' '. ,. . '} ,"',i..,1 ;' August24,2005 Application for Advisory Committees I Boards Name: Catherine E. Kidon Home Phone: 239-530-3277 Home Address: 1148 Pompei Lane City: Naples, FL Zip Code: 34103 Fax Number: 239-213-3401 Business Phone: 239-435-3601 Email Address:catherinek@asg.com Place of Employment: Allen Systems Group, Inc. How long have you lived in Collier County? 10-15 years Have you ever been convicted of any offense against the law? No Are you a registered voter in Collier County? Yes Board I Committee Applied for: Animal Services Category: (if applicable) No information provided. Do you currently hold public office? No 8/24/2005 Page 2 of2 Agenda Item No. 9H October 11, 2005 Page 14 of 24 Do you now serve, or have you served on a No Collier County board or committee? Please list your community activities: 2000 to 2002 President, Collier County Legal Aid Society, Inc. 1998 to 2002 Director, Collier County Bar Association Board of Directors 1996 to 1997 Founding President, Young Lawyers Section of the Collier County Bar Association 1995 to 2002 Project Business Coordinator, Junior Achievement 1994 to Present Member, Florida Bar Education: George Washington University School of Law, Washington, DC JD with Honors 1994 -Graduated in top 10% of 1993-1994 graduating classes -Order of the Coif -Dean's Fellow (student teacher) for Legal Research and Writing -Received Honors in Legal Research and Writing University of Wisconsin-Madison, Madison, Wisconsin B.B.A Real Estate and Urban Land Economics 1990 Ealing College, London, England Exchange student Autumn 1988 Experience I Background: Volunteer at DAS for over 5 years. I have fostered animals for DAS. I currently foster dogs and cats for private rescue groups including the Collier County Animal League. Attended University of Florida Annual Cat Conference in July 2005. 8/24/2005 Page 1 of 2 Agenda Item No. 9H October 11, 2005 Page 15 of 24 filson_s From: advisoryboards@colliergov.net Sent: Wednesday, August 17. 20054:48 PM To: filson_s Subject: New On-line Advisory Board Application Submitted. .... j ~." ,'.-. C...Al. I 1;', (..,-", /IH11 V Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)114-3602 '''~ A.-t~.' '.'. .;; . '. ~.' . ., . 't .: '. . # ~, ~ ,... August 17,2005 Application for Advisory Committees I Boards Name: Melody Brovitz Home Phone: 239-642-0112 Home Address: 1864 Dogwood Drive City: Marcp Island, FL Zip Code: 34145 Fax Number: 239-642-0112 Business Phone: 239-285-9000 Email Address:melody@islandpropertysales.com Place of Employment: Keller Williams Realty 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: advisory board 1) liS Category: (if applicable) No information provided. Do you currently hold public office? No 8/22/2005 Page 2 of2 Agenda Item No. 9H October 11, 2005 Page 16 of 24 Do you now serve, or have you served on a No Collier County board or committee? Please list your community activities: I am a volunteer, foster parent and sponsor of CCAL. I am a member of PETA, ASPCA, and North Shore Animal League. Education: High School Diploma, with continuing education in computer programing and have a real estate certification and liscence with Senior Real Estate Designation, and am a 1031 exchange specialist. Experience I Background: I have never sat on a board but have been very involved in animal activist organizations, and have the animals best interest at heart. I have also owned three businesses in the past, and have had management positions in various businesses. I am very responsible, organized and objective. 8/22/2005 AU~ 05 05: 39p Animal Ma~neti5m Inc. Agenda Item No. ~r-Il October 11, 2005 Page 17 of 24 Boanl of County Commissioner's ~ 3301 EllS' Tami:uni Trail . , NlIples,FLJ.OI2 RECEI1't;v.L _'nt; (23tJ) 774-HOtJi . . . :' ~' . , Fax: (23(J) 77..t-.'\Cl1l2 AU6 0 8 2' '.. ..' '. -~.,' '. .' .r' Board of County CommisSioners t ~ .,. J 2393483428 Applic~tion for Advisory Com mittees/Hoards Nllmt': L ,~~(\.. "} C; {\~,:~::NP..>~ b liullll.' (>llOnc:~.J q --:> ~r-::;' """! 2.. \:, HOllll.' Address: '3. ~""?r \ - ~ A--v ~ ,~ W Zill Cudt': :> ~ '\ 1.. D FlIX ,'io. Busillt'ss PIIll/H'; C,'-ll1llil l_ddrt:ss: L~. ~:::.~~~'ic.'~S'~L.;:.d,..{... , /.'0",,",. nu.sint'ss:_~ <7 ~"~ b,J.r....J e..fl Board or CUlllll1ttlel' Applit'd 1<lr: "...... r'../ ~...) "'--',:::;' F- ~ '.,J l <:~~'i .~ Q 14':'~1 Catc~or,y (i r ..ppl i..:ahIc): El.:ln'rllc.-: ("cunrni!tt"ioll nis:'ri(.t..I)..\ dUfKor.. ('.,'irlllluu-nbli"t..I:a, ,,,,'rs..lI. c.tr. AI'e )'OU :1 /"t"~isfercd \'II'...r in ('ullier CUUllly: Yes C../" _No 1)0 Y"II currelltl.r hold ,mblk nnkc'! Yes No \....',../ Irsll. ...Iull is lhal nflit'(:'r _____._......______., ______._________._.__. ".__..._....._._.___._.___.__.._ I).. V4I1I nil\>' .'''M'C:. lIf h:t\l' \'nll t'\'c:r ,,'n'c:d. 1111 :. C '"ltit'r ("IIII1l\' h"unl ''''I'lInllllillt'~? \ ~ .,\" ~ Ir:v~s. Illells" lisllh" ~ulllmi.II~Slh()anls:1.:..~__:..L'i";;-...:. .~_~. ~.l,... ...... ~ -;<__ .:-"~- _~~~S:k=~='.~ :<'\. ..., <" f?: ~ jr, I'lcusc list ."our cOfnmuni.y lldivitics (civic duhs, nci~hhurbllfllllll<iS\l(:illeill.Il<i, ('tt', and ,.osieillns held: F.xfle-ricncc: t ( ....... ) <-./ ? ,/ ,. : . { .\ t t./ ?/~ f'" 'or/" V " c~ po ~ Education: /' .,/ -..-/ PIi!UM! IIltuch U'~I' mldili,mlll ;IIjit,mlllirlll.1'l,ufeel pi!rt;IIelll. 11,;s IIpplic'mirlll ~'h'JIIltI h~ fn'...."r'/.-d 10 Slit!' FiL,'on. E'''''"lio'l! Mcn,II1:"" lol/11t B"lIm nfC"'lI/~I' Co",ml.~.fi(ll":''''. J.WI I::asl Talll;anti Trail. Naple.f. f7. ./41/1. Ifrtrll ,,'i,'I1. pIetISt fax .1'0111' 1IIIIIIkalioll fIJ (1J'J) 77" -3MI:! nl ..."",ill(/ ,W1dilftllru.'cuJ/j"f1!(I1'.If~' Tlllln1c.l"1II ji" 1'(Ilmll,'eri"!: III .1'1:"'<' Ilu d,izcm. 'ljC"m.., Cmm~r. Aue ~5 05 05:39p .. Larry Greenberg 3371-7'h Ave. NW Naples, A. 34120 Cell 239-253-2822 SKILLS SUMMARY EMPLOYMeNT EDUCATION Animal Maenetism Inc. 2393483426 Agenda Item No. 9?-\0 2 October 11, 2005 Page 180f24 Senior manager with extensive experience in starting companies, as well as growing existing corporations. My expertise Includes general management, purchasing, distribution, national and international sales, and sales management. president-Animal Magnetism Inc. November 1989-Present Naples, Fl. Negotiated franchise agreement, as welt as dissolution two years later. Negotiated lease with Coastland Center. Oversaw constnJction of store, as well as planning of Initial Inventory, and stili maintain overall buying responsibility. Hired and trained sales staff. Assumed and maintain overall COO responsibilities. Grew the compillny from start up, to one of the top grossing, most profitable businesses of Its type. Pivot Point International Inc. September 1979-September 1989 Executive Vice President Chicago, If. Was hired as executive vice-president, and retained that position until resigning to start Animal Magnetism Inc. Responsibilities Included overall distrtbutlon and sales In 42 countries. In addition my duties Involved legal issues, manufacturing, trade shows, product development, and just about everything short of teaching Cosmetology. (No, I am not a haIrdresser). Was a member of the board of directors. Bailey's Beautician's Supply Company February 1963-August 1979 Executive Vice President Chicago, II. was hired as a cleric: In the purchasing department of this company, whiCh was the world's largest distributor of professional beauty supplies to the trade. Through time I became, assistant buyer, buyer, assistant director or purchasing, director of purchasing, V.P. of purchasing, V.P. of marketing, V.P. of purchasIng and marketing, and finally executive V.P. B.A. Management Tulane University _"H Jul 05 05 09:43a Fred C S . chulte 6304347222 Agenda Ite~J. October 11 , 2'0~~ Page 19 of 24 RECEIVED JUL 0 5 2005 Board of County CoIM\IuiQnera ~1 j-; ~J- fI.;J ~ ~ .:;J ~ 3~; ~~ if~ duvL~~cfl~ PrlS a/4 1<. t1 . / - .--1 .~cY ~,_.~~-r-o'- ~ ~ ~~--<- ~d-:' ~ ~~~ ~./ ~~_ (4~~J?~ ' ~~/. ) ~J-- j---- :r~~ v--- ~.-.J ~ ~~ { ,f ~ ().u~ J;Y) ~-4/;./'{ tJ-7t- '/-- r ;1 l d ~ ~'../_~C fr; V 1- ~;;.)-O - j, t" c(Cf - '-/'C:; V.J ~ y~ Jul 08 p5 04:31p " Fred C. Schulte 6304347222 Agenda Itenf~J. 9H October 11, 2005 Page 20 of 24 RECEIVED JUL 0 8 2005 BoantOfCounly ~ ~ tJ L 1 :1 I iU!JtP~- 530,/17.5 10: fru e r 1'- ;, ",KJ (l1 a 1110 C tJ..S70 ,e.f? CV ,g I('tiCurl.v~ p,~eCI".e.. 0 I1S D Jrev~ oJJ. a.J Cc>o;vT1 COM/,/fI.fSldJCK. S' F ,l- D rA.' Sue S'cHULT€"' rL r; : D 115 Ii p V (J fj L'1 -';",fi":' 7.) A- PI' Lie 1'1 T I/O ,u ~ ~<>~6 Cl-- ~~ ~d~YY1.~~CV~ ~~,. ;?t--t{ r ~ /..dfJ w.d ~0~- ~~ 4?t(9~ c;tC/b - W !?yq _ &:;l'd-t)... ~ S o€'e..J..fA7J@ /if) t.., Co vV& Jul 08 05 04:31p Fred C. Schulte 07/98/200~ 10:00 FAX 9417743602 Bee 6304347222 Agenda 11.i~~&J1H Octob~ruf1,1'()05 Page 21 of 24 SUe' F /L.5 ad Board of County Commissioners 3301 East TalDi811li Trail NaplCl. FL 304112 (23') 114-SH7 Fu; (239) 77....3601 I(~~l"t - ,..... ,. -'. ... . '" . .#.;; .~.- . '# . ~ . ... Application for Advisory CommitteeslBoards Name: -".U e e,. S (- AI U (.,. 7;?i" HpDJC PIlODC: 6 Y' 9 -(] ;;;. ~ D Home Addrell: Y f 0 r/lc./J1' C /lI!:..C t.. f:"" ceJ. Zip Code: & '3 Y /0;;;;" Fax Not fT'l- 'I bSl.J B.....~c:.?/d -~o-;;CI/J e-lIulil addres::,5 V e- ~ #A'rr ~ pL!CJ c.. ,. CO.lVT Bunnell: <(.II A ,.,e!. ET/I2-6""i!J Corn MOD I Jl-( 7l!-1'f:V~ / Beard or Committee AppUed for: /J,q.s /'9 ;p U J .J all Lj K 0 ;4t1!- D Category (if applicable); BlMlple~ Caomaiul_ DIatrlct,. Dc\'d9per. enl.........UIl&, ..,. pc~ m- Are ;YOD:I registered voter in CoJlIer CODnty: Yes l/'" No Do YOIl elUTcatly hold public oBIcc? Yes No -1.""""'" ILao. wUtJs OuIt caJUn? ~ TO. 1I0W IWft" .. lane y.. el'eI' .....-. _. CoI1Io:r c-ney board or CIDIlUIIIittee7 Yes ~ ~. Ifycs, plaa..1Ist U1UG.IIIDIitDlfSlboardr. .s ftl~li!h:~!;JJ;fJ;~~~!#G~~~~ l'krute-..6 -,cUllMIllhr.f-.41D1 plMfed /IDIi1wIt. 7liif IIppI/CIIIi<<t _"'" In f~ fa Sw FTIswI, ExeanIvc Malipi' *' fie .....,..c.....c.-_/~_~ Dflll!M1 ~i ~JV.o""" FL J411Z. lfJ1t'II wisJo.p/ellnFaJN>>l9J1li~r.. (Z>>JTN-.JfrR .,..HMIlItI___..n;,,.,.,,AflI. nDIIJWMfiw~.",.,. 'M~_fo.m.,CMutJy. ~ .f'!. 5/~1/~.~;Q tZ~lidU;:~ 1~j),4j'..~~~~~ ~Z::.e -~. C~j't.~~P/~.3J .4f~~ CD i.-dr w~. Page 1 of 1 Agenda Item No. 9H October 11, 2005 Page 22 of 24 -~on_s ..-,m: njk [nancy_kamyck@yahoo.com] Sent: Thursday, June 23, 2005 4:44 PM To: filson_s Subject: Fwd: Applcation for member of the Board of Directors, Domestic Animal Services Attachments: pat302353494 In lieu of your application, please accept the following: Application for Advisory CommitteeslBoards Name: Nancy A. Kamyck Home phone: 239-389-9690 Borne address: 89a Dolphin Circle Zip code: 34113 Business Pbone: 239-285-1055 e-mail: nancykamyck@yahoo.com Place of employment: Self employed Accounting - currently working for Maltese Developments, 9696 Bonita Beach Road, Bonita Springs 34135 20 hours per wk. jloard committee applied for: Domestic Animal Services ~ ve u liv in iii r : Since October 1996 oar istered r i oBi r : Yes Have you every been convicted of any offense against the Law? No Have you ever served on a Collier County board or committee? No Community Activities: none except neighborhood activities since moving bere, although I have been active in controlling the feral cat population on Isles of Capri for tbe past 10 years. Education: 2+ years of college plus Licensed Real Estate Broker Experience: See attached resume. Yahoo! Mail Mobile Take Yahoo! Mail with you! Check email on your mobile phone. Yahoo! Sports Rekindle the Rivalries. Sign up for Fantasy Football ~ 6/24/2005 Page 1 of2 Agenda Item No. 9H October 11, 2005 Page 23 of 24 filson_s .m: advisoryboards@colliergov.net Sent: Monday, March 14,200510:26 AM To: fi Iso n_s Subject: New On-line Advisory Board Application Submitted. ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Tel: (239) 774-3602 Fax: (239)774-3602 ~J.-t~1 i..I, .....".. I- '; . ..",,' . . ':. ",. . :;;' .: '. - 'f J' ~ / March 14, 2005 Application for Advisory Committees I Boards Name: Karen R Gudknecht Home Phone: 239-353-5225 Home Address: 200 Vintage Circle, Apt. 102 . City: Naples FL Zip Code: 34119 Fax Number: 239-261-4894 Business Phone: 239-434-1141 Email Address:karengudknecht@aol.com Place of Employment: KeyBank, N.A./McDonald Financial Group 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: Animal Services Advisory Board Category: (if applicable) No information provided. - Do you currently hold public office? No 3/14/2005 .- J ~ 3/14/2005 Do you now serve, or have you served on a Collier County board or committee? No Page 2 of2 Agenda Item No. 9H October 11, 2005 Page 24 of 24 Please list your community activities: Past Board of Directors Member: Humane Society of Collier County, American Cancer Society, Habitat for Humanity of Collier County, Women's Council of Realtors, Collier Building and Industry Association's Sales And Marketing Council and The Naples Players. Past President: Kiwanis Club of Pelican Bay and Junior Achievement of Southwest Florida. Current Memberships:: Estate Planning Council of Naples; Board of Directors: Voices for Kids of Southwest Florida. Member - Planned Giving Committee - Conservancy of Southwest Florida. Committee Member - Naples Players Etc. Play Reading Committee. Education: B.A. University of Wisconsin - MadiSon 1980 Series 7 & 66 Securities Licenses Certified Financial Planner (CFP) Life & Health Insurance Licenses Real Estate Salesperson License Experience I Background: 23 years of Naples experience in the financial services industry in the areas of trust and investment, commercial, consumer and residential lending, public accounting, retail and private banking management. brock_m Agenda Item No. 91 October 11, 2005 Page 1 of 3 -"'-'~'-~ ":rom: muddj Sent: Monday, October 03.200512:39 PM To: brock_m Subject: FW: HB615 LTR to Hlth Dept Mary-Jo, Add an item to para 9 for 11 Oct. Comm Coletta request. Subject: Support for continued State funding of the Horizons Primary Care Center. Request Chairman letter of support. Include this email in backup. Thanks, Jim Mudd ----Original Message--- From: ColettaJim Sent: Monday, October 03, 2005 12:19 PM To: mudd.Ji SheffleldMichael; stone_wi wighCd CC: rbakin@aol.comi rosiak_n SUbject: FW: HB615 LTR to Hlth Dept Jim Mudd This is the letter from Rep Mike Davis that was referenced in the Legislative Pre-2006 Workshop today. Would you ~ase put this on agenda for the 10/11 BCC meeting for the Commission to direct the chair to write a similar letter of support , the future funding of the Horizons Primary Care Center in Golden Gate. I do believe that as this item is non-controversial it .lId be placed on the consent agenda. Jim Coletta Commissioner #5 From: Jackson, Sheila [mailto:SheilaJackson@myfloridahouse.gov] Sent: Monday, OctDber 03,200511:47 AM To: ColettaJim SUbject: HB615 L TR to Hlth Dept The letter you requested regarding Horizons Primary Care Center September 20t 2005 Dr. Rony Francois Secretary Department of Health 4052 Bald Cypress Way Tallahasseet FL 32399-1701 Dear Secretary Francois: Recently it has come to my attention that HB 615, passed in 2002t which was designed to provide funding for community health centers in areas of high need in Florida, may now be misinterpreted by the Department of '.~alth. We have a facility, Horizons Primary Care Center, located in Golden Gate near Naples, which now operates under 10/3/2005 Agenda Item No. 91 a grant funded by this program. This program is very successful, serving more than 3000 individffitp~~ ~~ost defInitely medically underserved. Most are sick adults who have diabetes, hypertension, and other co~lii~x J:!cmditions. Virtually all have no other place to obtain their health care. collier Health Services, Inc., the community health center which operates this program, has been advised that their contract period is ending December 31,2005, and that they will have to compete with all other applicants on the same basis for continued funding. In fact, in June, 2005, they were told they could not reapply, as this money was earmarked for new starts, and that funding through this program was intended to be only seed money for up to three years, at which time the program must support itself. Further, although reapplication guidance was promised by September 12,2005, with a grant submission deadline of October 10, 2005, to date, this guidance has not been received. By delaying the timeline, it is doubtful that they will be able to complete the grant process and receive funding prior to January 1, 2006, when the current contract expires. This will surely create a gap in services. This makes absolutely no sense to me. As I was involved from the very beginning in the planning of this program on a local level, I know that all discussions about this funding were with the idea that funding would be pf a permanent nature. In fact, I believe that Collier County Government would not have put up the local match for the program if they believed otherwise. To close a very successful program in order to initiate a new one which mayor may not be successful defies logic. Should this program not be refunded, it wilJ surely close, as it was conceived to target those who were 19-64 years old with no other method of payment. How could a program such as that ever support itself? When HB 615 was passed, no one ever discussed, or thought in terms oflimiting funding for any specific amount of time. Further, all other UPL funded programs, most of which go to hospitals, have been funded in perpetuity. To my knowledge, this would be the first UPL related program with such a limitation. Please reconsider your department's policy on this program. It is my feeling that it would be a huge mistake to not refund this, and other similar programs which are demonstrating such great success. J2.lease feel free to call me should you want to discuss this further. n.~spectfully , Representative Mike Davis Chair, Collier County Legislative Delegation Cc: Phil Williams Division of Health Awareness and Tobacco 10/3/2005 Item Number: Item Summary: Meeting Date: Agenda Item No.9! OCIOtler 11, 2005 Page :3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 91 Support lor contmued Stale fundmg ~f th.. Horizons Primary Care Ce~ter rGornrrm.si,;r\.n Coletta request) 1 O/11f2DOS 90U 00 Nt County ManQ{lor Dtlt~ API)n)Vl:d By James V. Mudd Board of County Cammissioners County Managp.r'l!i OfficII: 1013/20056:01 PM Agenda Item No. 9J October 11, 2005 Page 1 of 33 EXECUTIVE SUMMARY ,.-' Recommendation to adopt a Resolution in support of the establishment of the Southwest Florida Expressway Authority and that the Board act on an appointment of one of the BCC members to serve on the Toll Authority Board. OBJECTIVE: To obtain Board adoption of the resolution in support of the establishment of the Southwest Florida Expressway Authority and Board appointment of a BCC representative that will serve on the Toll Authority Board. In addition, staff would like to discuss the advertisement of the public member that will be appointed by the Board and the method of selection for the five potential applicants to be forwarded to the Governor for his appointment of one member to the Toll Authority Board. CONSIDERATION: The establishment of the Southwest Florida Expressway Authority was discussed at the joint Board workshop with Collier County and Lee County on September 28,2005 and the recommendation at that meeting was to move forward with the resolution in support of the Authority. The establishment of the toll authority enables the two Counties to pursue options to toll express lanes on 1-75 to get the additional needed lanes over the existing programmed six lanes. The bill approved by the State legislature and signed by the Governor on June 8, 2005 requires the approval of the resolution of support by both Counties to enact the Authority. - The next step in the process of forming the Toll Authority Board is the appointment of one member from the Collier Board of County Commissioners to serve on the Toll Authority Board (a term of two years), the advertisement of one member from the public which will be chosen by the BCC (see attached press release) and the selection of five possible candidates that will be forwarded to the Governor for his appointment. Applicants must be a permanent resident of Collier County and agree to serve a term of four years. Staff recommends that each Commissioner consider a recommended applicant and an alternate applicant that will make up a pool that the Board can act from at the October 25, 2005 Board meeting. An alternate from each Commissioner is suggested so that if there are duplicates amongst Commissioners that the pool of applicants that is forwarded to the Governor ends up as five candidates. FISCAL IMPACT: The formation of the Toll Authority, at the present time, does not have any fiscal impact beyond the use of staff time from both Lee County and Collier County Transportation staff as well as the County Attorney's office and the Regional Planning Council staff to support the Toll Authority Board once the Board is chosen. GROWTH MANAGEMENT: The adoption of this resolution and formation of a Toll Authority Board is consistent with the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt a Resolution in support of the establishment of the Southwest Florida Expressway Authority and that the Board act on an appointment of one of the BCC members to serve on the Toll Authority Board. - Prepared By: Donald Scott, Transportation Planning Director Attachments: 1) Resolution; 2) 2005 Legislative Bill; 3) Press Release 1 Agenda Item No. 9J October 11, 2005 Page 2 of 33 2 Item Number: Item Summ.ry: Meeting O.te: Aqenda Item No. 9J ~ OctotJer 11, 2005 Pa{le 3 ot 33 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS aJ Recommendation to a<:Jvpt a Resolution In "upporl of the estallirsnmt>1lt Of the SOHttwlest ;:;Ioflda EKpressway Aut"lority and tr18~ ItH! BORre Clr~ on .an ap::,olntlTll"'nt 01 cne Of the ace m(,rm>er!' to !>erve 1111;, TOI:A,tltl10flty El(Jard 10!l1J2005 900:00 AN D... AI11lroved By Numl E. Ft!df!r, AICP Trans!>ortationServicc5 Ttnn~portatiOIl Divlliion Administrator TransportMlOn Scr\"iec.s Admin. 10/3(20059:10 AM Dil.tt Appro\'ed B~. JdfKlntzkow Cuunty Attorney Assistant County Anorney County Attorney On-ice 10f312005 9..'5 AM Dale ApprO\'cd By rilt L~hnhllrd Tril"IOportDtion Services Execulive SecretlJry Transportatlon Service" Admin 10;3/20059:40 AM D... Approved B~. Michllel Smykowskl CounTy Mil.nager's 01lice Man.lg~meflt & Budget Director QffiCiC of Management & BudGet 1013r200$ 10:49 AM o.'Jte AI)IU-o,.ed By Leo E. Oct'll'. Jr Board of County Commissioners Deputy County Man..ger County Manager's omce 10t4J200511:15M\1 Agenda Item No. 9J October 11. 2005 Page 4 of 33 RESOLUTION NO. 2005 - A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, IN SUPPORT OF THE ESTABLISHMENT OF THE SOUTHWEST FLORIDA EXPRESSWAY AUTHORITY. WHEREAS, the Florida Legislature during its 2005 session approved a bill that would create the Southwest Florida Expressway Authority, and that bill was signed by the Governor on June 8,2005; and WHEREAS, the stated purpose ofthe Southwest Florida Expressway Authority is the pursuit ofadditionallanes on Interstate 75 within Lee and Collier Counties as tolled express lanes; and WHEREAS, the Collier County Board of County Commissioners is interested in seeing additional lanes established on Interstate 75 beyond the currently-programmed six lanes as soon as possible; and WHEREAS, the Collier County Board of County Commissioners feels the Southwest Florida Expressway Authority would be a viable means to pursue the additional lanes on Interstate 75 in a timely fashion; and WHEREAS, Section 3 of the approved bill says the act will only take effect upon resolutions of support being passed by both the Lee County Board of County Commissioners and the Collier County Board of County Commissioners; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that; 1. The Collier County Board of County Commissioners hereby supports the establishment of the Southwest Florida Expressway Authority as outlined in the bill approved by the 2005 Legislature and signed by the Governor. 2. This Resolution shall take effect immediately upon adoption. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this day of ,2005. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORlDA , Deputy Clerk By: FRED W. COYLE, Chairman Approved as to form and legal sufficiency: Jeffrey A. Klatzkow Assistant County Attorney H 0 USE Agenda Item No. 9J October 11, 2005 R E PRE S E N T A -fa~e V ofE13 S FLORIDA o F ENROLLED HB 0401 2005 Legislature 1 2 3 A bill to be entitled 4 5 6 7 8 9 10 11 12 13 14 lS 16 17 18 19 20 21 22 23 24 25 26 27 28 29 An act relating to Southwest Florida transportation; creating pt. X of ch. 348, F.S., titled "Southwest Florida Expressway Authority"; providing a popular name; providing definitions; creating the Southwest Florida Expressway Authority encompassing Collier and Lee counties; providing for a governing body of the authority; providing for membership; establishing a process for Charlotte County to participate in the authority; providing purposes and powers; providing for the Southwest Florida Transportation System; requiring the approval of specified county commissions before approval of a project within xhe geographical boundaries of those counties; prohibiting authority involvement with a certain road developm~nt; providing for procurement; providing bond financing authority for improvements; providing for bonds of the authority; providing for fiscal agentsi providing the State Board of Administration may act as fiscal agent; providing for certain financial agreements; providing for a lease-purchase agreement with the Department of Transportation; providing the department may be appointed agent of authority for construction; providing for acquisition of lands and property; providing for cooperation with other units, boards, agencies, and individuals; providing covenant of the state; providing for exemption from taxation; providing for eligibility for investments and securitYi providing pledges shall be enforceable by bondholders; providing for construction and application; providing legislative intent regarding Page 1 of 25 CODING: Words strickon are deletions; words underlined are additions. H 0 USE Agenda Item No. 9J October 11 , 2005 R E PRE S E N T A 'fa~e ~ of ~3 S FLORIDA o F ENROLLED HB 0401 2005 Legislature 30 31 32 33 Be It Enacted by the Legislature of the State of Florida: changes; providing for future expiration of the act; providing a contingent effective date. 34 35 Section 1. Part X of chapter 348, Florida Statutes, 36 consisting of sections 348.993, 348.9931, 348.9932, 348.9933, 37 38 39 40 348.9934, 348.9935, 348.9936, 348.9938, 348.9939, 348.994, 348.9941, 348.9942, 348.9943, 348.9944, 348.9945, 348.9946, 348.9947, is created to read: - Part X and 41 Southwest Florida Expressway Authority 42 348.993 popular name.--This part may be cited as the 43 "southwest Florida Expressway Authority Law.H 44 348.9931 Definitions.--The following terms, whenever used 45 or referred to in this part, shall have the following meanings, 46 except in those instances where the context clearly indicates 47 otherwise: 48 (1) 'TAgency of the statell means and includes the state and 49 any department of, or corporation, agency, or instrumentality 50 heretofore or hereafter created, designated, or established by, 51 the state. 52 (2) "Authority" means the body politic and corporate, and 53 agency of the state, created by this part. 54 (3) TlBonds" means and includes the notes, bonds, refunding 55 bonds, or other evidences of indebtedness or obligations, in 56 either temporary or definitive form, which the authority is 57 authorized to issue pursuant to this part. 58 {4) "County" means the counties of Collier and Lee. Page 2 of 25 CODING: Words strickon are deletions; words underlined are additions. FLORIDA H 0 USE Agenda Item No. 9J October 11, 2005 R E PRE S E N T A -falleVofE\3s o F ENROLLED HB 0401 2005 Legfslature 59 (5) "DBOM contract" means the document and all concomitant 60 rights approved by the authority providing the selected person 61 or entity the exclusive right to design, build, operate, and 62 maintain the Southwest Florida Transportation System. 63 {6) "DBOMF contract" means the document and all 64 concomitant rights approved by the authority providing the 65 selected person or entity the exclusive right to design, build, 66 operate, maintain, and finance all or a portion of the Southwest 67 Florida Transportation System. 68 (7) "Department II means the Department of Transportation 69 existing under chapters 334-339. 70 (8) "Expressway" means the same as limited access 71 expressway. 72 (9) "Federal agency" means and includes the United States,' 73 the President of the United States, or any department of, or 74 corporation, agency, or instrumentality heretofore or hereafter 75 created, designated, or established by, the United States. 76 (10) "Lease-purchase agreement" means the lease-purchase 77 agreements which the authority is authorized pursuant to this 78 part to enter into with the Department of Transportation. 79 (11) "Limited access expressway" means a street or highway 80 especially designed for through traffic and over, from, or to 81 which no person shall have the right of easement, use, or access B2 except in accordance with the rules and regulations promulgated 83 and established by the authority for the use of such facility. 84 Such highways or streets may be parkways, from which trucks, 85 buses, and other commercial vehicles shall be excluded, or they 86 may be freeways open to use by all customary forms of street and 87 highway traffic. Page 3 of 25 CODING: Words ;;trlckcn are deletions; words underlined are additions. H 0 USE Agenda Item No. 9J October 11 , 2005 R E PRE S E N T A 'pa11e{}ofi:?3 S FLORIDA o F ENROLLED HB 0401 2005 Legislature 88 (12) "Members" means the governing body of the authority, 89 and the term 11 member 11 means one of the individuals constituting 90 such governing body. 91 (13) ITproposed project" means a facility which, if 92 constructed, will become part of the Southwest Florida 93 Transportation System, and it shall identify the general 94 corridor and alignment of the facility and its limits. Further, 95 it shall mean a project or projects which are in the long-range 96 transportation plan of Lee County or Collier County, or both 97 plans if the proposed project is to be located in botb counties. 98 {14) "southwest Florida Transportation System" means all 99 new expressways and additional lanes on Interstate Highway 75 in 100 Lee and Collier Counties which are tolled as express lanes and 101 appurtenant facilities, including, but not limited to, all 102 approaches, roads, bridges, and avenues of access for said 103 expressway or expressways, whether tolled or nontolled, or such 104 other facility as the authority determines or designates. 105 (15) "State Board of Administration" means the body 106 corporate existing under the provisions of s. 9, Art. XII of the 107 State Constitution, or any successor thereto. 108 (16) IT Systemtl means the Southwest Florida Transportation 109 System. 110 111 Words importing singular number include the plural number in 112 each case and vice versa, and words importing persons include 113 firms and corporations. 114 348.9932 Southwest Florida Expressway Authority.-- 115 (1) There is hereby created and established a body politic 116 and corporate, an agency of the state, encompassing Collier and Page 4 of 25 CODING: Words stricken are deletions; words underlined are additions. FLORIDA H 0 USE Agenda Item No. 9J October 11, 2005 R E PRE S E N T A -fa~e \t of ~3 S o F ENROLLED HB 0401 2005 Legislalure 117 Lee Counties, ~o be known as the Southwest Florida Expressway 118 Authority, hereinafter referred to as the "authority. " 119 (2) The governing body of the authority shall consist of 120 seven voting members and one nonvoting member, as set forth in 121 this subsection_ 122 (a)l.a. One member who is a permanent resident of Collier 123 County and one member who is a permanent resident of Lee County 124 shall be appointed by the Governor to serve a term of 4 years 125 each. The Governor shall select his appointees from a list 126 submitted by the board of county commissioners of each county, 127 with each list recommending five candidates from their 12B respective county. 129 b. One member who is a permanent resident of Collier 130 County shall be appointed by the Board of County Commissioners 131 of Collier County and one member who is a permanent resident of 132 Lee County shall be appointed by the Board of County 133 Commissioners of Lee County to serve a term of 4 years each. 134 2. Each member appointed under this paragraph shall be a 135 person of outstanding reputation for integrity, responsibility, 136 and business ability and shall have an interest in ground 137 transportation. No elected official and no person who is an 138 employee I in any capacitYI of Collier County or Lee County or of 139 any city within Collier County or Lee County shall be an 140 appointed member of the authority except as set forth in this 141 sect ion. 142 3. Each appointed member shall be a resident of his or her 143 respective county during his or her entire term. 144 4. Each appointed member shall be a voting member and 145 shall hold office until his or her successor has been appointed Page 5 of 25 CODING: Words strrckon are deletions; words underlined are additions. H 0 USE Agenda Item No. 9J October 11, 2005 R E PRE S E N T A f.Tag~ 1 ~ of ~3 S FLORIDA o F ENROLLED HB 0401 2005 Legislature 146 and has qualified. A vacancy occurring during a term shall be 147 filled only for the remainder of the unexpired term. 148 {b) One member from Collier County and one member from Lee 149 County shall be selected by the members of the respective county 150 commission from among its members to serve as a voting member 151 for a term of 2 years each. Each commissioner must be a member 152 of the county commission when selected and for the full extent 153 of the term of this selection. 154 {c) The executive director of the Southwest Florida 155 Regional planning Council shall serve as the seventh-voting 156 member. 157 (dl The district secretary of the Department of 158 Transportation serving in the district that contains Collier 159 County and Lee County shall serve as a nonvoting member. 160 (e) Any member of the authority shall be eligible for 161 reappointment. 162 (3) (a) The authority shall elect one of its members as 163 chair of the authority. The authority shall also elect a 164 secretary and a treasurer who mayor may not be members of the 165 authority. The chair, secretary, and treasurer shall hold such 166 offices at the will of the authority. Four members of the 167 authority shall constitute a quorum, and a vote of the majority 168 of those present shall be necessary for any action taken by the 169 authority. No vacancy in the authority shall impair the right of 170 a quorum of the authority to exercise all of the rights and 171 perform all of the duties of the authority. 172 (b) Upon the effective date of his or her appointment, or 173 as soon thereafter as practicable, each appointed member of the 174 authority shall enter upon his or her duties. Page 6 of 25 CODING: Words stricken are deletions; words underlined are additions. F LOR D A H 0 USE o F Agenda Item No. 9J October 11, 2005 R E PRE S E N T A fla9f 1Vof@3 S ENROLLED HB 0401 2005 Legislature 175 (4) If an expansion of the project into Charlotte County 176 is warranted and desirable as indicated by the adoption of 177 resolutions in support of the expansion by the authority and by 178 each Board of County Commissioners of Charlotte, Collier, and 179 Lee Counties, the membership of the authority shall be expanded 180 as set forth in this subsection. The authority shall have nine 181 voting members and two nonvoting members. The executive director 182 of the Southwest Florida Regional Planning Council will shift 183 from a voting member to a nonvoting member. Three members from 184 Charlotte County shall be added to the authority an~each shall 185 be a voting member. The Charlotte County members shall be 186 selected in the same manner as provided for the appointment of 187 the members from Collier and Lee Counties. 188 (5) (a) The authority may employ an executive director, its 189 own counsel and legal staff, technical experts, engineers, and 190 such employees, permanent or temporary, as it may require; may 191 determine the qualifications and fix the compensation of such 192 persons, firms, or corporations; and may employ a fiscal agent 193 or agents. The authority may delegate to one or more of its 194 agents or employees such of its power as it shall deem necessary 195 to carry out the purposes of this part, subject always to the 196 supervision and control of the authority. Members of the 197 authority may be removed from office by the Governor for 198 misconduct, malfeasance, misfeasance, or nonfeasance in office. 199 (b) Members of the authority shall be entitled to receive 200 from the authority their travel and other necessary expenses 201 incurred in connection with the business of the authority as 202 provided in s. 112.061, but they shall draw no salaries or other 203 compensation. Page 7 of 25 CODING: Words stricken are deletions; words underlined are additions. H 0 USE Agenda Item No. 9J October 11, 2005 R E PRE S E N T A P,a9r 1~ of~3 S FLORIDA o F ENROLLED HB 0401 2005 Legislature 204 348.9933 purposes and powers.-- 205 (I) (a) The authority created and established by the 206 provisions of this part is hereby granted and shall have the 207 right to acquire, hold, construct, improve, maintain, operate, 208 own, and lease, in the capacity of lessor, the Southwest Florida 209 Transportation System, hereinafter referred to as the "system,~ 210 unless precluded by state or federal law. This part does not 211 preclude the department from acquiring, holding, constructing, 212 improving, maintaining, operating, or owning the tolled lanes on 213 Interstate Highway 75 or nontolled facilities that may be part 214 of the Southwest Florida Transportation System and that are part 215 of the State Highway System. 216 (b) It is the express intention of this part that said 217 authority, in the construction of said Southwest Florida 218 Transportation System, within the geographic boundaries of 219 Collier and Lee Counties, is limited to the pursuit of 220 additional lanes on Interstate Highway 75 within these counties 221 which are tolled as express lanes. Further, the authority shall 222 be authorized to construct any extensions, additions, or 223 improvements to said system or appurtenant facilities, including 224 all necessary approaches, roads, bridges, and avenues of access, 225 with such changes, modifications, or revisions of said project 226 as shall be deemed desirable and proper with the concurrence of 227 the respective county commissions and the department if the 228 project is to be part of the State Highway System. The 229 responsibilities of the authority will not be expanded to cover 230 any other projects beyond Interstate Highway 7S toll lanes and 231 appurtenant facilities unless resolutions in support of such 232 expansion or other project are adopted by the Boards of County Page 8 of 25 CODING: Words strickon are deletions; words underlined are additions, FLORIDA H 0 USE o F Agenda Item No. 9J October 11, 2005 R E PRE S E N T A P,-a9f 1~ ofEJ3 S 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 ENROLLED HB 0401 2005 Legislature Commissioners of Lee and Collier Counties and, if applicable, by the governing body having jurisdiction of a road system if the project is to become a part of that system. (2) The authority is hereby granted and shall have and may exercise all powers necessary, appurtenant, convenient, or incidental to the carrying out of the aforesaid purposes, including, but not limited to, the following rights and powers: (a) To sue and be sued, implead and be impleaded, complain, and defend in all courts. . - (b) To adopt, use, and alter at wlll a corporate seal. (cl To acquire by donation or otherwise, purchase, hold, lease as lessee, and use any franchise or property, real, personal, or mixed, tangible Or intangible, or any options thereof in its own name or in conjunction with others, or interest therein, necessary or desirable for carrying out the purposes of the authority, and to sell, lease as lessor, transfer, and dispose of any property or interest therein at any time acquired by it. (dl To enter into and make leases for terms it deems necessary, as either lessee or lessor, in order to carry out the right to lease as set forth in this part. (e) To enter into and make lease-purchase agreements with the department for terms it deems necessary or until any bonds secured by a pledge of rentals thereunder, and any refundings thereof, are fully paid as to both principal and interest, whichever is longer. {f) To fix, alter, charge, establish, and collect rates, fees, rentals, and other charges for the services and facilities of the Southwest Florida Transportation System, which rates, Page 9 of 25 CODING: Words stricken are deletions; words underlined are additions. H 0 USE Agenda Item No. 9J October 11 , 2005 R E PRE S E N T A flagy 1~of~3 S FLORIDA o F ENROLLED HB 0401 2005 Legislature 262 fees, rentals, and other charges shall always be sufficient to 263 comply with any covenants made with the holders of any bonds 264 issued ursuant to this 265 be assigned or delegated by the authority to the department. 266 (9) To borrow money and make and issue negotiable notes, 267 bonds, refunding bonds, and other evidences of indebtedness or 268 obligations, either in temporary or definitive form, hereinafter 269 in this part sometimes called "bonds" of the authority, for the 270 purpose of financing all or part of the improvement or extension 271 of the Southwest Florida Transportation System and appurtenant 272 facilities, including all approaches, streets, roads, bridges, 273 and avenues of access for said southwest Florida Transportation 274 System, and for any other purpose authorized by this part; to 275 secure the payment of such bonds or any part thereof by a pledge 276 of any or all of its revenues, rates, fees, rentals, or other 277 charges; and in general to provide for the security of said 278 bonds and the rights and remedies of the holders thereof. The 279 authority may enter into an agreement between the authority and 280 one or more counties for the pledge of county gasoline tax 281 funds, county sales tax, or other county revenues to secure any 282 bonds issued for an authority project as authorized hereunder. 283 In the event the authority shall determine to fund or refund any 284 bonds theretofore issued by said authority, prior to the 285 maturity thereof, the proceeds of such funding or refunding 286 bonds shall, pending the prior redemption of the bonds to be 287 funded or refunded, be invested in direct obligations of the 288 united States, and it is the express intention of this part that 289 such outstanding bonds may be funded or refunded by the issuance 290 of bonds pursuant to this part. Page 10 of 25 CODING: Words stricken are deletions; words underlined are additions. F LOR D A H 0 USE Agenda Item No. 9J October 11, 2005 R E PRE S E N T A F-fag~ 1vofEJ3 S o F ENROLLED H B 0401 2005 Legislature 291 (h) To make contracts of every name and nature, including, 292 but not limited to, partnerships providing for participation in 293 ownership and revenues, and to execute all instruments necessary 294 or convenient for the carrying on of its business. 295 (i) Without limitation of the foregoing, to borrow money 296 and accept grants from, and to enter into contracts, leases, or 297 other transactions with, any federal agency, the state, any 298 agency of the state, Collier County, Lee County, any city within 299 Collier County or Lee County, or with any other public body of 300 the state. - 301 (j) To have the power of eminent domain, including the 302 procedural powers granted under chapters 73 and 74. 303 (k) To pledge, hypothecate, or otherwise encumber all or 304 any part of the revenues, rates, fees, rentals, or other charges 305 or receipts of the authority as security for all or any of the 306 obligations of the authority. 307 (1) To do all acts and things necessary or convenient for 308 the conduct of its business and the general welfare of the 309 authority in order to carry out the powers granted to it by this 310 part or any other law. 311 (m) With the consent of the county within whose 312 jurisdiction the following activities occur, to construct, 313 operate, and maintain roads, bridges, avenues of access, 314 thoroughfares, and boulevards outside the jurisdictional 315 boundaries of Collier and Lee Counties, together with the right 316 to construct, repair, replace, operate, install, and maintain 317 toll payment systems thereon, with all necessary and incidental 318 powers to accomplish the foregoing. 319 (3) The authority shall have no power at any time or in Page 11 of 25 CODING: Words stricken are deletions; words underlined are additions. H 0 USE Agenda Item No. 9J October 11, 2005 R E PRE S E N T A Efagr 1~of~3 S FLORIDA o F ENROLLED HB 0401 2005 Legislature 320 any manner to pledge the credit or taxing power of the state or 321 any political subdivision or agency thereof, including Collier 322 and Lee Counties or any city within these counties, nor shall 323 any of the authority's obligations be deemed to be obligations 324 of the state or of any political subdivision or agency thereof, 325 nor shall the state or any political subdivision or agency 326 thereof, except the authority, be liable for the payment of the 327 princi~al of or interest on such obligations unless 'agreed to by 328 such entity. 329 (4) Notwithstanding the powers conferred herein, before 330 the authority proceeds with a proposed project, either the Lee 331 County Commission or the Collier County Commission must approve 332 any proposed project for the system that may be located within 333 the geographical boundaries of that commission's jurisdiction. A 334 quorum must be present for a vote of approval to take place. 335 Such approval, by a majority vote of those members present, must 336 be obtained before the authority can proceed with the 337 preliminary design and environmental study. 338 (5) The authority is precluded from involvement with any 339 future development of County Road 951. 340 348.9934 Procurement.--The authority is authorized to 341 procure commodities and the services of a qualified person or 342 entity to design, build, finance, operate, maintain, and 343 implement the Southwest Florida Transportation System, including 344 the use of a DEOM or DBOMF method using a request for proposal, 345 a request for qualifications, or an invitation to negotiate. 346 348.9935 Bond financing authority for 347 improvements.--Pursuant to s. 11{f), Art. VII of the State 348 Constitution, the Legislature hereby approves for bond financing Page 12 of 25 CODING: Words Gtrickcn are deletions; words underllned are additions. 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 FLORIDA H 0 USE Agenda Item No. 9J October 11 , 2005 R E PRE S E N T A flagr 1Vof~3 S o F ENROLLED HB 0401 2005 Legislature by the Southwest Florida Expressway Authority improvements to toll collection facilities, interchanges to the legislatively approved regional transportation system, and any other facility appurtenant, necessary, or incidental to the approved system. Subject to terms and conditions of applicable revenue bond resolutions and covenants, such costs may be financed in whole or in part by revenue bonds issued pursuant to s. 348.9936(1) (a) or (b) whether currently issued or issued in the future, or by a combination of such bonds. - 348.9936 Bonds of the authority.-- (1) (a) Bonds may be issued on behalf of the authority pursuant to the State Bond Act. (b) Alternatively, the authority may issue its own bonds pursuant to this part at such times and in such principal amount as, in the opinion of the authority, is necessary to provide sufficient moneys for achieving its purposes; however, such bonds may not pledge the full faith and credit of the state. Bonds issued by the authority pursuant to this paragraph or paragraph (a}, whether on original issuance or on refunding, shall be authorized by resolution of the members thereof and may be either term or serial bonds and shall bear such date or dates, mature at such time or times, bear interest at such rate or rates, payable semiannually, be in such denominations, be in such form, either coupon or fully registered" carry such registration, exchangeability, and interchangeability privileges, be payable in such medium of payment and at such place or places, be subject to such terms of redemption, and be entitled to such priorities on the revenues, rates, fees, rentals, or other charges or receipts of the authority, Page 13 of 25 CODING: Words stricken are deletions; words underlined are additions. H 0 USE Agenda Item No. 9J October 11 . 2005 R E PRE S E N T A Iflgf 1~ of~3 S FLORIDA o F ENROLLED HB 0401 2005 Legislature 378 including any other funds received by the authority pursuant to 379 the terms of any lease-purchase agreement between the authority 380 and the department, as such resolution or any resolution 381 subsequent thereto may provide. The bonds shall be executed 382 either by manual or facsimile signature by such officers as the 383 authority shall determine, provided that such bonds shall bear 384 at least one signature which is manually executed thereon, and 385 the coupons attached to such bonds shall bear the facsimile 386 signature or signatures of such officer or officers as shall be 387 designated by the authority and shall have the seal of the 388 authority affixed, imprinted, reproduced, or lithographed 389 thereon, all as may be prescribed in such resolution or 390 resolutions. 391 (c) Bonds issued pursuant to paragraph (a) or paragraph 392 (b) shall be sold at public sale in the same manner provided by 393 the State Bond Act. However. if the authority shall, by official 394 action at a public meeting, determine that a negotiated sale of 395 such bonds is in the best interest of the authority, the 396 authority may negotiate the sale of such bonds with the 397 underwriter or underwriters designated by the authority and the 398 Division of Bond Finance of the State Board of Administration 399 with respect to bonds issued pursuant to paragraph (a) or solely 400 the authority with respect to bonds issued pursuant to paragraph 401 (b). The authority's determination to negotiate the sale of such 402 bonds may be based, in part, upon the written advice of the 403 authority'S financial adviser. Pending the preparation of 404 definitive bonds, interim certificates may be issued to the 405 purchaser or purchasers of such bonds and may contain such terms 406 and conditions as the authority may determine. Page 14 of 25 CODING: Words stricken are deletions; words underHned are additions. FLORIDA H 0 USE Agenda Item No. 9J October 11, 2005 R E PRE S E N T A F-j-agr1%of~3S o F ENROLLED HB 0401 2005 Legislature 407 (d) The authority may issue bonds pursuant to paragraoh 408 (b) to refund any bonds previously issued regardless of whether 409 the bonds being refunded were issued by the authority pursuant 410 to this part or on behalf of the authority pursuant to the State 411 Bond Act. 412 (2) Any such resolution or resolutions authorizing any 413 bonds hereunder may contain provisions which shall be part of 414 the contract with the holders of such bonds as to: 415 (a) The pledging of all or any part of the revenues, 416 rates, fees, rentals, or other charges or receipts o~ the 417 authority, derived by the authority, from the Southwest Florida 418 Transportation System. 419 (b) The completion, improvement, operation, extension, 420 maintenance, repair, lease, or lease-purchase agreement of said 421 system and the duties of the authority and others, including the 422 department, with reference thereto. 423 (c) Limitations on the purposes to which the proceeds of 424 the bonds, then or thereafter to be issued, or of any loan or 425 grant by the United States or the state may be applied. 426 (d) The fixing, charging, establishing, and collecting of 427 rates, fees, rentals, or other charges for use of the services 428 and facilities of the Southwest Florida Transportation System or 429 any part thereof. 430 (e) The setting aside of reserves or sinking funds or 431 repair and replacement funds and the regulation and disposition 432 thereof. 433 (f) Limitations on the issuance of additional bonds. 434 (9) The terms and provisions of any lease-purchase 435 agreement, deed of trust, or indenture securing the bonds or Page 15 of 25 CODING: Words strickon are deletions; words underlined are additions. H 0 USE Agenda Item No. 9J October 11, 2005 R E PRE S E N T A ~gr 2~of~3 S FLORIDA o F ENROLLED HB 0401 2005 Legislature 436 under which the same may be issued. 437 (h) Any other or additional agreements with the holders of 438 the bonds which the authority may deem desirable and proper. 439 (3) The authority may employ fiscal agents as provided by 440 this part, or the State Board of Administration may, upon 441 request of the authority, act as fiscal agent for the authority 442 in the issuance of any bonds which may be issued pursuant to 443 this part, and the State Board of Administration may, upon 444 request of the authority, take over the management, control, 445 administration, custody, and payment of any or all debt services 446 or funds or assets now or hereafter available for any bonds 447 issued pursuant to this part. The authority may enter into any 448 deeds of trust, indentures, or other agreements with its fiscal 449 agent, or with any bank or trust company within or without the 450 state, as security for such bonds and may, under such 451 agreements, sign and pledge all or any of the revenues, rates, 452 fees, rentals, or other charges or receipts of the authority. 453 Such deed of trust, indenture, or other agreement may contain 454 such provisions as are customary in such instruments or, as the 455 authority may authorize, may include, without limitation, 456 provisions as to: 457 (a) The completion, improvement, operation, extension, 458 maintenance, repair, and lease of, or lease-purchase agreement 459 relating to, the Southwest Florida Transportation System and the 460 duties of the authority and others, including the department, 461 with reference thereto. 462 (b) The application of funds and the safeguarding of funds 463 on hand or on deposit. 464 (c) The rights and remedies of the trustee and the holders Page 16 of 25 CODING: Words strickon are deletions; words underlined are additions. H 0 USE Agenda Item No. 9J October 11, 2005 R E PRE S E N T A f1agr 2\!r of E13 S FLORIDA o F ENROLLED HB 0401 2005 Legislature 465 of the bonds. 466 (d) The terms and provisions of the bonds or the 467 resolutions authorizing the issuance of same. 468 (4) Any of the bonds issued pursuant to this part are, and 469 are hereby declared to be, negotiable instruments and shall have 470 all the qualities and incidents of negotiable instruments under 471 the law merchant and the negotiable instruments law of the 472 state. 473 (5) Notwithstanding any of the provisions of this part, 474 each project, building, or facility which has been financed by 475 the issuance of bonds or other evidence of indebtedness under 476 this part and any refinancing thereof is hereby approved as 477 provided for in s. lI(t), Art. VII of the Sta~e Constitution. 478 348.9938 Lease-purchase agreement.-- 479 (1) In order to effectuate the purposes of this part and 480 as authorized by this part, the authority may enter into a 481 lease-purchase agreement with the department relating to and 482 covering the Southwest Florida Transportation System. 483 484 485 (2 ) Such lease-purchase agreement shall provide for the leasing of the Southwest Florida Transportation System by the authority, as lessor, to the department, as lesseej shall 486 prescribe the term of such lease and the rentals to be paid 487 thereunder; and shall provide that upon the completion of the 488 faithful performance thereunder and the termination of such 489 lease-purchase agreement, title in fee simple absolute to the 490 Southwest Florida Transportation System as then constituted 491 shall be transferred in accordance with law by the authority to 492 the state and the authority shall deliver to the department such 493 deeds and conveyances as shall be necessary or convenient to Page 17 of 25 CODING: Words stricken are deletions; words underlined are additions. H 0 USE Agenda Item No. 9J October 11 . 2005 R E PRE S E N T A Efagf 2~ ofE13 S FLORIDA o F ENROLLED HB 0401 2005 Legislature 494 vest title in fee simple absolute in the state. 495 (3) Such lease-purchase agreement may include such other 496 provisions, agreements, and covenants as the authority and the 497 department deem advisable or required, including, but not 498 limited to, provisions as to the bonds to be issued under, and 499 for the purposes of, this part; the completion, extension, 500 improvement, operation, and maintenance of the Southwest Florida 501 Transportation System and the expenses and the cost.of operation 502 of said authority; the charging and collection of tolls, rates, 503 fees, and other charges for the use of the services and 504 facilities thereof; the application of federal or state grants 505 or aid which may be made or given to assist the authority in the 506 completion, extension, improvement, operation, and maintenance 507 of the Southwest Florida Transportation System, which the 508 authority is hereby authorized to accept and apply to such 509 purposes; the enforcement of payment and collection of rentals; 510 and any other terms, provisions, or covenants necessary, 511 incidental, or appurtenant to the making of and full performance 512 under such lease-purchase agreement. 513 (4) The department, as lessee under such lease-purchase 514 agreement, is hereby authorized to pay as rentals thereunder any 515 rates, fees, charges, funds, moneys, receipts, or income 516 accruing to the department from the operation of the Southwest 517 Florida Transportation System and may also pay as rentals any 518 appropriations received by the department pursuant to any act of 519 the Legislature of the state heretofore or hereafter enacted; 520 2rovided, however, that nothing herein nor in such lease- 521 purchase agreement is intended to nor shall this part or such 522 lease-purchase agreement require the making or continuance of Page 18 of 25 CODING: Words strickon are deletions; words underlined are additions. FLORIDA H 0 USE Agenda Item No. 9J October 11, 2005 R E PRE S E N T A F.f3gf 2V of ~3 S o F ENROLLED HB 0401 2005 Legislature 523 such appropriations, nor shall any holder of bonds issued 524 pursuant to this part ever have any right to compel the making 525 or continuance of such appropriations. 526 (S} Said department shall have power to covenant in any 527 lease-purchase agreement that it will pay all or any part of the 528 cost of the operation, maintenance, repair, renewal, and 529 replacement of said system, and any part of the cost of 530 completing said system to the extent that the proceeds of bonds 531 issued therefor are insufficient, from sources other than the 532 revenues derived from the operation of said system. Said 533 department may also agree to make such other payments from any 534 moneys available to said commission, said county, or said city 535 in connection with the construction or completion of said system 535 as shall be deemed by said department to be fair and proper 537 under any such covenants heretofore or hereafter entered into. 538 (6) Said system shall be a part of the State Highway 539 System and said department is hereby authorized, upon the 540 request of the authority, to expend such moneys, out of any 541 funds available for the purpose, and to use such of its 542 engineering and other forces as may be necessary and desirable 543 in the judgment of said department, for the operation of said 544 authority and for traffic surveys, borings, surveys, preparation 545 of plans and specifications, estimates of cost and other 546 preliminary engineering, and other studies. 547 348.9939 Department may be appointed agent of authority 548 for construction.--The department may be appointed by said 549 authority as its agent for the purpose of constructing 550 improvements and extensions to the Southwest Florida 551 Transportation System and for the completion thereof. In such Page 19 of 25 CODING: Words stricken are deletions; words underlined are additions. H 0 USE Agenda Item No. 9J October 11, 2005 R E PRE S E N T A F-fa9f 2~ ofEl3 S FLORIDA o F ENROLLED HB 0401 2005 Legislature 552 event, the authority shall provide the department with complete 553 copies of all documents, agreements, resolutions, contracts, and 554 instruments relating thereto and shall request the department to 555 do such construction work, includin 556 and actual construction of the completion, extensions, and 557 improvements to the Southwest Florida Transportation System, and 558 shall transfer to the credit of an account of the department in 559 the treasury of the state the necessary funds therefor, and the 560 department shall thereupon be authorized, empowered, and 561 directed to proceed with such construction and to use the said 562 funds for such purpose in the same manner that it is now ~63 authorized to use the funds otherwise provided by law for its 564 use in construction of roads and bridges. 565' 348.994 Acquisition of lands and property.-- 566 (1) For the purposes of this part, the Southwest Florida 567 Expressway Authority may acquire private or public property and 568 property rights, including rights of access, air, view, and 569 light, by gift, devise, purchase, or condemnation by eminent 570 domain proceedings, as the authority may deem necessary for any 571 of the purposes of this part, including, but not limited to, any 572 lands reasonably necessary for securing applicable permits, 573 areas necessary for management of access, borrow pits, drainage 574 ditches, water retention areas, rest areas, replacement access 575 for landowners whose access is impaired due to the construction 576 of a facility, and replacement rights-at-way for relocated rail 577 and utility facilities, for existing, proposed, or anticipated 578 transportation facilities on the Southwest Florida 579 Transportation System or in a transportation corridor designated 580 by the authority. The authority shall also have the power to Page 20 of 25 CODING: Words ctricken are deletions; words underlined are additions. FLORIDA H 0 USE o F Agenda Item No. 9J October 11, 2005 R E PRE S E N T A F-fag~ 2~ of ~3 S ENROLLED HB 0401 2005 Legislature 581 condemn any material and property necessary for such purposes. 582 (2) The right of eminent domain herein conferred shall be 583 exercised by the authority in the manner provided by law. 584 (3) When the authority acquires property for a 585 transportation facility or in a transportation corridor, it is 586 not subject to any liability imposed by chapter 376 or chapter 587 403 for preexisting sailor groundwater contamination due solely 588 to its ownership. This section does not affect the rights or 589 liabilities of any past or future owners of the acquired 590 property, nor does it affect the liability of any go~ernmental 591 entity for the results of its actions which create or exacerbate 592 a pollution source. The authority and the Department of 593 Environmental Protection may enter into interagency agreements 594 for the performance, funding, and reimbursement of the 595 investigative and remedial acts necessary for property acquired 596 by the authority. 597 348.9941 Cooperation with other units, boards, agencies, 598 and individuals.--Express authority and power is hereby given 599 and granted any county, municipality, drainage district, road 600 and bridge district, school district, or any other political 601 subdivision, board, commission, or individual in, or of, the 602 state to make and enter into with the authority contracts, 603 leases, conveyances, partnerships, or other agreements within 604 the provisions and purposes of this part. The authority is 605 hereby expressly authorized to make and enter into contracts, 606 leases, conveyances, partnerships, and other agreements with any 607 political subdivision, agency, or instrumentality of the state 608 and any and all federal agencies, corporations, and individuals 609 for the purpose of carrying out the provisions of this part. Page 21 of 25 CODING: Words strioken are deletions; words underlined are additions. H 0 USE Agenda Item No. 9J October 11, 2005 R E PRE S E N T A lfag~ ~ofE13 S FLORIDA o F ENROLLED HB 0401 2005 Legislature 610 348.9942 Covenant of the state.--The state does hereby 611 pledge to and agree with any person, firm, corporation, or 612 federal or state agency subscribing to or acquiring the bonds to 613 be issued by the authority for the purposes of this part that 614 the state will not limit or alter the rights hereby vested in 615 the authority and the department until all bonds at any time 616 issued, together with the interest thereon, are fully paid and 617 discharged insofar as the same affects the rights of the holders 618 of bonds issued hereunder. The state does further pledge to and 619 agree with the united States that in the event any federal 620 agency shall construct or contribute any funds for the 621 completion, extension, or improvement of the Southwest Florida 622 Transportation System, or any part or portion thereof, the state 623 will not alter or limit the rights and powers of the authority 624 and the department in any manner which would be inconsistent 625 with the continued maintenance and operation of the Southwest 626 Florida Transportation System or the completion, extension, or 627 improvement thereof or which would be inconsistent with the due 628 performance of any agreements between the authority and any such 629 federal agency, and the authority and the department shall 630 continue to have and may exercise all powers herein granted, so 631 long as the same shall be necessary or desirable for the 632 carrying out of the purposes of this part and the purposes of 633 the united States in the completion, extension, or improvement 634 of the Southwest Florida Transportation System or any part or 635 portion thereof. 636 348.9943 Exemption from taxation.--The effectuation of the 637 authorized purposes of the authority created under this part is, 638 shall, and will be in all respects for the benefit of the people Page 22 of 25 CODING: Words stricken are deletions; words underlined are additions. FLORIDA H 0 USE o F Agenda Item No. 9J October 11, 2005 R E PRE S E N T A F-Tag~ 2?; ofl?3 S ENROLLED HB 0401 2005 Legislature 639 of the state, for the increase of their commerce and prosperity, 640 and for the improvement of their health and living conditions, 641 and since such authority will be performing essential 642 governmental functions in effectuating such purposes, such 643 authority shall not be required to pay any taxes or assessments 644 of any kind or nature whatsoever upon any property acquired or 645 used by it for such purposes, or upon any rates, fees, rentals, 646 receipts, income, or charges at any time received by it, and the 647 bonds issued by the authority, their transfer, and the income 648 therefrom, including any profits made on the sale th~reof, shall 649 at all times be free from taxation of any kind by the state, or 650 by any political subdivision, taxing agency, or instrumentality 651 thereof. The exemption granted by this section shall not be 652 applicable to any tax imposed by chapter 220 on interest, 653 income, or profits on debt obligations owned by corporations. 654 348.9944 Eligibility for investments and security.--Any 655 bonds or other obligations issued pursuant to this part shall be 656 and constitute legal investments for banks, savings banks, 657 trustees, executors, administrators, and all other fiduciaries 658 and for all state, municipal, and other public funds and shall 659 also be and constitute securities eligible for deposit as 660 security for all state, municipal, or other public funds, 661 notwithstanding the provisions of any other law or laws to the 662 contrary. 663 348.9945 Pledges enforceable by bondholders.--It is the 664 express intention of this part that any pledge by the department 665 of rates, fees, revenues, or other funds, as rentals, to the 666 authority, or any covenants or agreements relative thereto, may 667 be enforceable in any court of competent jurisdiction against Page 23 of 25 CODING: Words strickon are deletions; words underlined are additions. H 0 USE Agenda Item No. 9J October 11, 2005 R E PRE S E N T A Efagf ~ofE?3 S FLORIDA o F ENROLLED HB 0401 2005 Legislature 668 the authority or directly against the department by any holder 669 of bonds issued by the authority. 670 348.9946 This part complete and additional authority.-- 671 (1) The powers conferred by this part shall be in addition 672 and supplemental to the existing powers of said authority and 673 the department, and this part shall not be construed as 674 repealing any of the provisions of any other law, general, 675 special, or local, but to supersede such other laws-in the 676 exercise of the powers provided in this part and to provide a 677 complete method for the exercise of the powers grant;d in this 678 part. The extension and improvement of said Southwest Florida 679 Transportation System, and the issuance of bonds hereunder to 680 finance all or part of the cost thereof, may be accomplished 681 upon compliance with the provisions of this part without regard 682 to or necessity for compliance with the provisions, limitations, 683 or restrictions contained in any other general, special, or 684 local law, including, but not limited to, s. 215.821, and no 685 approval of any bonds issued under this part by the qualified 686 electors or qualified electors who are freeholders in the state 687 or in said Collier County or Lee County, or in any city within 688 these two counties, or in any other political subdivision of the 689 state, shall be required for the issuance of such bonds pursuant 690 to this part. 691 (2) This part shall not be deemed to repeal, rescind, or 692 modify any other law or laws relating to said State Board of 693 Administration, said Department of Transportation, or the 694 Division of Bond Finance of the State Board of Administration 695 but shall be deemed to and shall supersede such other law or 696 laws as are inconsistent with the provisions of this part, Page 24 of 25 CODING: Words strickeR are deletions; 'Nards underlined are additions. 697 698 699 700 701 702 703 704 705 706 707 708 709 710 711 712 713 714 715 716 FLORIDA H 0 USE Agenda Item No. 9J October 11, 2005 R E PRE S E N T A Efa9f 2{} ofE?3 S o F ENROLLED HB 0401 2005 Legislature including, but not limited to, s. 215.821. 348.9947 Changes to this part_--It is the intent of the Legislature that any changes to this part be approved by the Boards of County Commissioners of Lee and Collier Counties. Section 2. Sunset of the Southwest Florida Expressway Authority's duties and powers.--The powers conferred to the Southwest Florida Expressway Authority and part X of chapter 348, Florida Statutes, the statutory establishment of the Southwest Florida Expressway Authority, shall expire 12 years - after this act takes effect if the Southwest Florida Expressway Authority has no outstanding indebtedness, no studies underway, no design underway, and no projects under construction and is not operating or maintaining any part of the system it was established to create. Section 3. This act shall take effect upon resolutions in support of this act being passed by both the Lee County Board of County Commissioners and the Collier County Board of County Commissioners, but no sooner than July I, 2005, in the event the boards pass such resolutions prior to that date, except that this section shall take effect upon this act becoming a law. Page 25 of 25 CODING: Words stricken are deletions; words underlined are additions, Agenda Item No. 9J October 11, 2005 Page 30 of 33 PRESS RELEASE FOR IMMEDIATE RELEASE SEPTEMBER 29~ 2005 loe Collier County Board of Commissioners is seeking applications for one voting member to be appointed by the Board to the SOUTHWEST FLORIDA EXPRESSWAY AUTHORITY. The Governor signed a bill on June 8, 2005 approving the creation of the Southwest Florida Expressway Authority encompassing Collier and Lee Counties. This gO\,'erning body of the authority shall consist of seven voting members and one non-voting member. The authority shall have the right to acquire, hold, constmct, improve, maintain, operate, own, and lease, in the capacity oflessor, the Southwest Florida Transportation System. The authority's purpose is to pursue additional lanes on 1-75 'within Lee and Collier Counties as tolled express lanes. Terms are 4 years. ..... The Board of County Commissioners will appoint one voting member to represent Collier County. This member shall be a person of outstanding reputation for integrity, responsibility, and business ability and shall have an interest in ground transportation. Qualifications in the field ofbusillCSS and finance, and experience and knowledge in large scale transportation and/or management projects are desired. Members of the authority must be residents and electors of Collier County, and are subj eel to the Florida Government in the Sunshine Law. Residents interested in applying for advisory committee positions can obtain all application by calling 774-8097 or from .www.colliemov.net. Please forward to the attention of Mrs. Sue Filson, Executive Manager, Board of County Commissioners, 3301 Tamiami Trail East, Naples, Florida 34112, FAX to 774-3602, or email to suef1lson@colliergov.net. The deadline for acceptance of resumes is THURSDA V, OCTOBER 13, 2005. # # # Agenda Item No. 9J October 11 , 2005 Page 31 of 33 From: KlatzkowJeff Sent: Friday, September 30, 2005 4:36 PM To: ColettaJim Cc: scott_d; muddj; BarmbyCharles; filson_s; Feder_N; weigel_d Subject: RE: SW FL Expressway Authority Commissioner Coletta: In answer to your inquiry, I believe that Sue Pilson is absolutely correct in her assessment. The legislation provides for seven voting members of the Florida Expressway Authority, and one nonvoting member. With respect to County Commissioners, the legislation states that "One member from Collier County and one member from Lee County shall be selected by the members of the respective county commission from among its members to serve as a voting member for a term of2 years each. Each commissioner must be a member of the county commission when selected and for the full extent of the term of this selection." As I read this legislation, at this time, the eligible Collier County Commissioners to fill this position are you, Commissioner Fiala and Commissioner Henning. As an aside, the remaining members of the Authority are selected as follows: 1. Two of the members are appointed by the Governor (one must be a permanent resident of Collier County and the other must be a permanent resident of Lee County). 2. Two additional members are separately appointed by the Board of County Commissioners of Collier and Lee County (again, one must be a permanent resident of Lee County and the other must be a permanent resident of Collier County). 3. The Executive Director of the Southwest Florida Regional Planning Council is the seventh voting member. 4. The district secretary of FDOT serving in the district that services Collier and Lee Counties will serve as the nonvoting member. Any member of the Authority is eligible for reappointment. Additional voting members are provided for in the event Charlotte County joins the Authority, with the Executive Director of the Southwest Florida Regional Planning Council then becoming a nonvoting member. As always, please feel free to call this Office with any questions. Jeff Klatzkow Assistant County Attorney (239) 774-8492 (b) One member from Collier County and one member from Lee County Agenda Item No. 9J October 11, 2005 Page 32 of 33 shall be selected by the members of the respective county commission from among its members to serve as a voting member for a term of 2 years each. Each commissioner must be a member of the county commission when selected and for the full extent of the term of this selection. (b) One member from Collier County and one member from Lee County shall be selected by the members of the respective county commission from among its members to serve as a voting member for a term of 2 years each. Each commissioner must be a member of the county commission when selected and for the full extent of the term of this selection. From: Feder_N Sent: Thursday, September 29,2005 11:34 AM To: filson_s Cc: KlatzkowJeff; scott_d; mudd.J; Feder_N; BarmbyCharles Subject: RE: SW FL Expressway Authority Thanks for heads-up. I'm asking Jeff Klatzkow to advise. No easy issues. Norman From: filson_s Sent: Thursday, September 29,2005 11:28 AM To: Feder_N Subject: SW FL Expressway Authority Norm, prior to bringing this item to the BCC Commissioner Coletta would like you to have the legal department review and explain the appointments, i.e. the appointment of 1 commissioner. It looks to me that only a commissioner that will be in office for the next 2 years is eligible; if that is the case we have already eliminated 2 of them. Just a heads up that this question will come up on the 11th. Thanks. Sue Fi Ison Executive Manager, Bee (239) 774-8097 phone (239) 774-8865 fax Agenda Item No. 9J October 11. 2005 Page 33 of 33 suefilson@colliergov.net Agenda Item No. 9K October 11, 2005 Page 1 of 61 - EXECUTIVE SUMMARY THE ANNUAL PERFORMANCE APPRAISAL FOR THE COUNTY MANAGER OBJECTIVE: To complete the annual performance appraisal for the County Manager. CONSIDERATIONS: The County Manager reports directly to the Board of County Commissioners. In order to assure that his work performance is coordinated with the direction of the full Board, an annual appraisal is conducted. An annual work plan (Action Plan) was developed. The County Manager has provided a commentary and self-appraisal as a starting point for this year's appraisal. He has met individually (when required) with each Board member to discuss the past year's performance to determine what elements Board members recommend or direct to be performed better or differently and what aspects of the office operation were done well. A compilation of the Commissioners' written evaluations is included along with each individual assessment. - The County Manager Employment Agreement provides that on the date general wage adjustments are granted generally to Collier County employees, the County Manager's base salary shall be modified to reflect the general wage adjustment granted to other County employees. Merit pay is also available if the Board feels that the County Manager has "met", "exceeded" or "far exceeded" the Board's expectations. Merit pay can be awarded from 3% (minimum) to a 10% (maximum). By the existing contract, all such merit adjustments shall be included in the Manager's base salary. However, to be consistent with the cost savings merit pay changes for Administrators and Directors, the Manager, voluntarily requests, that his merit pay be awarded as a lump sum payment for FY05 performance and not be added to his salary. The County Manager Employment Agreement also provides that on or before September 30th of the year immediately preceding the then ending year of the Agreement, the term of this Agreement may be extended for a period of two (2) years by the written mutual agreement of the Board and the employee. It is contemplated that the Board will base its decision on the question of whether or not to grant the extension of the term of this agreement on (1) the Employee's performance and (2) the Employee's ability to successfully achieve goals mutually developed and agreed to by the Employee and the Board. FISCAL IMPACT: Depending on the percent of merit pay awarded by the Board, the one time cost to the general fund may range from $5,010. to $16,701. General (001) Funds are available to support this range of award. GROWTH MANAGEMENT IMPACT: There is no growth management impact - associated with this item. . . Agenda Item No. 9K October 11, 2005 Page 2 of 61 RECOMMENDATION: That the Board of County Commissioners complete the annual performance appraisal process for the County Manager; determine the Merit Pay Award; and consider the option to extend his Employment Agreement. SUBMITTED BY: Fred W. Coyle, Chairman Board of County Commis ioners It.m Numb~ Item Summ.ry: Mellfing 0..: Agenda Item No, 9K October 11, 2005 Page 3 at 61 COLLIER COUNTY BOARD OF" COUNTY COMMtSSIONERS 9" This item to be hl'i8rd ",t 10'00 !'I,n\ 8tt~r Item 9G, The Annual Performance Appraisal for the Cotlnty Man21ser (Commuionlllr Coyle) 1011112005 Ef 00:00 AM D... Approved By J.me~ V, Mudd Board 01 Counfy Commis.loner>> CQunty MaNlQor County Manllger'l ornce 10/5/200$4:19 PM e e . Agenda Item No. 9K October 11,2005 Page 4 of 61 Memorandum To: Board County Commissioners ud, ou'n~~ From: Date: September 27, 2005 Subject: FY -os Self Appraisal Attached you will find my Self Appraisal for FY-05. It was a challenging time and I believe that I, along with my staff, have met those challenges head on and have been quite successful. Following the appraisal at TAB 4 is the list of Goals for Fiscal Year 2005 that you approved with my Action Plan for 2005. At TAB 5 are the standards for scoring the self-appraisal. These should help you decide on how to grade each of the areas on my KRAlappraisal form. At TAB 6 is an editorial by the NON, February 13,2005 along with some key slides from our 2005 Citizen Survey. I thought they would be helpful in your evaluation of me. Please return your graded packets to me any time between now and noon on October 5, so that I may consolidate the grades for presentation at the October 11, 2005 Board of County Commissioners meeting. I would ask you to look through the packet before you start to grade the Action Plan. There is a thorough list of accomplishments attached that add detail to the evaluation. If you would like to talk to me about this annual rating, please call my office to schedule a time for us to meet. For your reference: The County Manager's Employment Agreement with the Board states that the Employer shall review and evaluate the performance of the Employee in accordance with the performance-based merit system as provided in Section 7. Written evaluations based on said performance system will be provided by each County Commissioner to Office of the County Manager .. .- ) ~ -- Agenda Item No. 9K . . st Oct9.ber 11. 2005 Employee pnor to September 1, 2003, and pnor to each September 1 therea~glQr of 61 the term of this agreement. A summary of all evaluations will be prepared by the Board Chair for the Board and Employee including the recommended merit wage adjustment. All merit system wage adjustments will take effect on October 1, 2003 and each year thereafter for the term of this Agreement. An updated performance merit system for Employee will be developed in good faith between the Board of County Commissioners and Employee and adopted by the Board prior to October 1 of each fiscal year for implementation in the next fiscal year. The County Manager Employment Agreement also provides that on or before September 30th of the year immediately preceding the then ending year of the Agreement, the term of this Agreement may be extended for a period of two (2) years by the written mutual agreement of the Board and the employee. It is contemplated that the Board will base its decision on the question of whether or not to grant the extension of the term of this agreement on (1) the Employee's performance and (2) the Employee's ability to successfully achieve goals mutually developed and agreed to by the Employee and the Board. Thank you for a great year. c l~ . " t :r - COif. - II , Office of the County Manager Agenda Item No. 9K October 11, 2005 Page 6 of 61 . , FY 2005 Action Plan wI Accomplishments James V. Mudd, County Manager The County Manager is tasked with carrying out the policy direction provided by the Board of County Commissioners. He is by ordinance to provide leadership for the day- to-day operations of the employees of the Board of County Commissioners. The following Action Plan is developed in an effort to provide clear expectations for the County Manager for the period from August 2004 through September 2005. The Action Plan is based on the broad areas generally expected to be performed by the Executive Officer, including: communications, leadership, organizational direction, financial oversight, personnel, growth and capital project management. These areas are further categorized as to their pertinence and support of the FY 05 Strategic Goals and Objectives of Collier County that are enumerated below: It is Collier County's Strategic Goal - To Rebuild and Maintain Public Trust by dedicating its resources and efforts to the following strategies (objectives): S.O. 1.. Revising the Growth Management Plan and Land Development Code to improve the County's ability to manage and control the rate and quality of future development. S.O. 2. Developing reliable Public Infrastructure and Resource Management Processes. S.O. 3. Improving the financial planning, management and reporting processes. - At the conclusion of the fiscal year, the Board of County Commissioners will be asked to perform an annual evaluation of the County Manager's performance by rating each of the following performance objectives on a 1 to 5 scale. Individual evaluations will be totaled and averaged to determine the Board's collective position. The following areas of Communications; Leadership/Organizational Direction; Personnel Management support the Strategic Goal - To Rebuild and Maintain Public Trust e Far COMMUNICAnONS Far Below Below Meets Exceeds Exceeds Standards Standarels Standards Standarels Standards 1 2 3 4 5 C.t (Internal) The County Manager will be expected to ensure and provide regular, accurate communications to the employees of the Board (BCC). Response to C.1: Continued to improve the County "Journal" employee newsletter. This is now paperless, to include information from each division, "Round tables" within each division still provide an opportunity for employees and managers to regularly discuss issues, sent several direct messages from the County Manager to all employees i.e. E- mails, County Manager column in the Journal and video taped messages on safety, along with direct mailings to all employees regarding health benefits. Concentrated on making the chain of command responsible and accountable for getting the word out. Division and Department newsletters have been developed. Talked with employees at each orientation session and at each aDDreciation breakfast. (Soecifics at Tab 1) Page 1 of 34 Agenda Item No. 9K October 11, 2005 Page 7 of 61 J COMMUNICATIONS Far Far Below Below MeebI Exceeds Exceeds Standards Standards Standards Standards standards 1 2 3 4 5 ~ C.2 (Internal) The County Manager will be expected to provide the Board of County Commissioners with timely and accurate responses to requests for information. As well as, coordinating drafts for plans, fees and controversial ordinances with the BCC members before the information aoes public. Response to C.2: Each County Commissioner has been provided direct access to each division via email, and one-on-one agendas have been maintained with each Commissioner through their meetings with the County Manager to track on- going issues, and the Microsoft Task system has been used to track turn-around issues. The deployed Agency Issues Management System (AIMS) has helped the staff better track turn-around correspondence throughout the agency. Insisted on a five working day turn around rule with Divisions. Held administrators accountable. Continue to see an immense change on timeliness of responses to the Commissioners and to the public. Staff has gotten much better at providing Commissioners with pre-briefs on controversial issues. COMMUNICATIONS Far Far Below Below MeebI Exceeds Exceeds Standards Standards Standards Standards Standards 1 234 5 C.3 (Internal) The County Manager will be expected to regularly communicate with the County Attorney and the Constitutional Officers to ensure that operations between these agencies and the Board of County Commissioners are coordinated. Response to C.3: The County Attorney and the Clerk of Courts attend and participate in all the County Manager staff meetings. Formalized meetings with all Constitutional Officers have been held when needed. Have tried to use more informal individual meetings throughout the year. This is an area where we continue to make huge progress. The interchange between all agencies is superb. However, this doesn't mean that we always agree with each other on issues. Also had regular meetings with the Airport Director; the Bayshore CRA Director; the EDC Director; and the School Superintendent. ~ Page 2 of 34 -- - - Agenda Item No. 9K October 11, 2005 Page 8 of 61 COMMUNICATIONS Far Far Below Below Meets Exceeds Exceeds Standards Standards Standards Standards Standards 1 2 3 4 5 C.4 (External) The County Manager will be expected to provide information to the public through a minimum of one speaking engagement per month on average, as well as, developing new means to provide information to the public reaardina County information. Response to C.4: The manager has spoken at 40 engagements during the year, set up 6 Commissioner District Town Hall meetings, taped 19 County Manager 'Inside Story' weekly TV programs and is a regular columnist in the North Naples and the Pelican Bay Journals, a total of 31 TV, Radio and Newspaper pieces (see listing at Tab 1). Continued to rejuvenate the government TV station programming, as well as the Collier County Government Annual Report, which is also published in the NDN. Used the County TV station effectively to get valuable information out to the public (from County Highlights to Hurricane preparedness). Initiated an external County newsletter distributed to over 700 homeowner and civic associations and business groups. The newsletter rec'd a national award this year. COMMUNICAnONS Far Far Below Below Meets Exceeds Exceeds Standards Standards standards Standards StandardS 1 234 5 C.5 (External) The County Manager will be expected to ensure that the organization has systems in place to ensure that the general public is responded to in a timely and accurate manner. Also, improve Public Relations by providing more understandable and complete information to the public. More attention to detail in brochures, etc. Response to C.5: We have successfully converted the Manager's and the BCC exec office systems for tracking internal and external correspondence into the Agency Issues Management System (AIMS). We have used this system to track all correspondence throughout the agency. AIMS has not only brought efficiencies to the BCC and Manager's offices but it has eliminated a whole host of redundant log tracking processes at every level of the Manager's organization. A quarterly AIMS report makes sure nothing gets dropped. Insisted on a five working day turn around rule with Divisions. Held administrators accountable. There is an immense change on timeliness of responses to the Commissioners and to the public. On the QA/QC side (accurate info.), there are several layers of staff review before an answer is provided to the Public. The Communications and Customer Relations dept. matrix organizational structure has been extremely successful in making sure that our story also gets out. I also believe that the Manager's Office has been very aggressive in this regard. The County TV Station is immensely better in format, content, and appearance then it was last year. Page 3 of 34 Agenda Item No. 9K October 11, 2005 Page 9 of 61 J LEADERSHIP I ORGANIZATIONAL DIRECTION Far Far Below Below Meets Exceeds Exceeds Standards Standards Standards Standards Standards 1 2 3 4 5 , L.1 The County Manager will ensure that there is a clear direction that is communicated throuohout the oroanization. Response to L.1: Developed in conjunction with the entire staff a Strategic Business Plan which the BCC was briefed on during our workshop in Feb. 05. Vertically aligned the organization processes against the strategic goals set by the SCC which are: Rebuilding and maintaining public trust; Revising the Growth Management Plan and the Land development Code to Improve the County's ability to manage and Control the rate and quality of future development; Developing reliable Public Infrastructure and resource management processes, and Improving the financial planning, management and reporting processes. Stratified every employee's KRAs against these Strategic Goals. Had each division and separate department complete as-year business plan, which is also completely aligned with the County Strategic Plan. Used the chain of command to push and pull information throughout the organization and held the Chain of Command accountable to do it correctly. Used the automated tasking system to keep track of time sensitive information requirements. LEADERSHIP Far Far Below Below Meets Exceeds Exceeds Standards Standards Standards Standards Standards 12345 .~ L.2 The County Manager will ensure that all executive summary reports provided to the Board have speCific & clear recommendations. Response to L.2: Continued a revised executive summary review process whereby the OMS and Clerk of Courts review for financial accuracy, the Deputy County Manager reviews as well as a separate review by the County Manager. All agendas are previewed and critiqued in full at Division Staff meeting prior to going to print, including potential legal issues with the attending County Attorney. Implemented an electronic agenda system, which has reinforced reviews at every level of the organization. The entire electronic agenda is on the county webpage at least four days prior to each meeting. i Page 4 of 34 e e e Agenda Item No. 9K October 11, 2005 Page 10 of 61 Far LEADERSHIP Far Below Below Meets Exceeds Exceecls Standards Standards Standards Standards Standards I 2 3 4 5 L.3 The County Manager will provide opportunities for the Board of County Commissioners to discuss and set proactive policy direction on key communitv issues. Response to L.3: A thorough set of 40 workshops and District town halls were developed to provide an opportunity to discuss in depth the major issues facing the government, the organization and the County. A strategic planning session was included as part of the workshop series. Each of these has provided the BeC with significantly improved opportunity to provide policy level direction. (See Ust of workshops at Tab 2). Far LEADERSHIP Far Below Below Meets Exceeds Exceeds Standards Standards Standards Standards Standards I 2 3 4 5 LA The County Manager will have staff involved in professional I I organizations & intergovernmental coordination organizations such as the Florida Association of Counties, to assist Collier County in achieving best manaaement practices. Response to LA: The key staff action plans include requirements for on going training, involvement in professional organizations etc. The staff has increased its participation in FAC; meets regularly with counterparts from the Cities; and neighboring counties. Manager meets with city managers regularly throughout the year (monthly with Naples) and has attended 5 meetings with SW Florida County Managers. The SW Florida Manager meetings were instrumental in having the SW Florida legislative day in Tallahassee, 17 March. Worked closely with FAC on opposition to parts of the Impact Fee & Growth Management Bills. Also, successfully lobbied conaressional deleaation for increased 1-75 funding. Far LEADERSHIP Far Below Below Meets Exceeds Exceeds Standards Standards Standards Standards Standards I 2 3 4 5 L.5 The County Manager will ensure that the top management team is prOVided clear organizational direction through specific action plans, regular individual and collective meetinas. Response to 1.5: Established the Bureau of Emergency Services, held regular bi-weekly staff meetings with the top management staff and developed comprehensive and speCific action plans for administrators. Held a semi annual appraisal meeting with each. Administrators meet regularly with the Manager and/or his deputy on an individual basis. Since more issues in the County continue to require matrix team solutions, had numerous team meetings with administrators to find solutions to some of the County's hardest problems. Page 5 of 34 .J , .-- Agenda Item No. 9K October 11, 2005 Page 11 of 61 PERSONNEL MANAGEMENT Far Far Below Below Meets Exceeds Exceeds Standards Standards Standerds Standards Standards 1 2 3 4 5 P.l The County Manager will ensure that there exists written human resources policies and procedures that are used throuahout the oraanization. Response to P.l: The Human Resources policies and procedures are provided throughout the organization in updated green binders to all employees. These policies are used to manage the day-to-day human resource decisions made throughout the organization. The policies and procedures were updated in Jan '05 and are scheduled again for review and updating in Nov '05. Added items on grant coordination, sanctions for failure to comply with HIPAA, fingerprinting and background checks, remote access, 3rd party access, maintenance of traffic and managing personal property and consumable supplies. PERSONNEL MANAGEMENT Far Far Below Below Meets Exceeds Exceeds Standard. Standards Standards Standards Standards 1 234 5 P.2 The County Manager will ensure that there is a training program for County employees to train them on best management practices, to ensure concurrency within the organization and to promote a safe workplace. Response to P.2: 98 internal training & info. programs, expanded to include diversity, ethics, safety, PM/Contracting and leadership classes, were provided this year with over 4000 hours of instruction, attended by over 2000 employees. We had over 3363 participants in our Wellness Activities, and we distributed 2208 'Healthier at Home' self care guides to our workforce including Constitutionals (-Sheriff). In addition, 2113 employees have attended 86 Safety classes. Our staff also presented a very comprehensive mid-manager training to selected employees in PUD. In addition, "LevelS" Leadership training was held for selected employees in ASD. We also held ICMA Supervisory Training for the Transportation and CDES participants. A total of 40 staff (from PUD, ASD, PSD, and Transportation) participated in our first ever Project Management Training Course. The course, 48 hours of solid project management instruction, was derived from and modeled according to world renowned Project Management Institute. Also trained 76 users on new standard contracts and contracting procedures. Held two training/orientation sessions for all staff liaisons to the county's 45-50 advisory committees. All these courses are direct responses to correct any remaining inconsistent manaaement practices within the oraanization. Page 6 of 34 Agenda Item No. 9K October 11, 2005 Page 12 of 61 e PERSONNEL MANAGEMENT Far Far Below Below Meets Exceeds Exceeds Standards Standards Standards Standards Standards 1 2 3 4 5 P.3 The County Manager will ensure that the County follows the Board's established policies for the hiring and management of its employees. Response to P.3: The County Manager's Office serves as the final appeal step in the grievance process assuring adherence to Board approved policies and procedures. Training classes have been created for hiring in order to ensure that those employees interviewing understand federal law & County Policy relating to the hiring process. Continued to institutionalize, recommendations from the '03 ethics audit, the County Ethics Ordinance and the Manager's Policy into every employee. Employee turnover rate is 13.7% (up from 11% in '04); 264 employees left County service during this year and we had over 100 vacancies monthly, a vacancy rate of 7.3%. It's getting harder to retain and attract qualified employees. The cost of living in the area is starting to affect recruitment. We have hired a very strong Employee and Labor Relations Manager whose primary goal is to Improve recruitment. - PERSONNEL MANAGEMENT Far Far Below Below Meets Exceeds Exceeds Standards Standards Standards Standards Standards 1 2 345 e P.4 The County Manager will provide to the Board an annual pay pia n as part of the budget that will provide for an organized means for salary administration. Response to P.4: The pay plan was revised for FYOS. We continue to have a good pay plan; over 54% (down from 72% in '03, the direct result of the new plan) of the employees in the County make wages/salaries that are below the market point in their pay range. This is a much-improved statistic. The highlights of the new plan - If an employee is at their maximum salary point in the range, they will not get a COLA increase to their salary. Merit will be computed on the market point of the salary range. If the salary is below market point in a range this will move the employee to the market point faster. If the salary is above the market point this will have an opposite effect, a gradual slow down to some extent. If an employee is above their market point by 10 percent, they will not receive merit in their salary - It will be awarded to them as a lump sum payment. Directors and Administrators will receive a lump sum merit payment. This lump sum program saved the County about $370K in FYOS and it will have a compounding effect in following budget years. Pay plans were provide to the BCC for approval in Sept 04 and will be again in Sept 05. Annually, the County surveys the market and adiusts pay plans accordinqlv. Page 7 of 34 ~ , ~ Agenda Item No. 9K October 11, 2005 Page 13 of 61 Far Far Below Below Meets Exceeds Exc:eecls PERSONNEL MANAGEMENT Standards Standards Standards Standards Standards 1 2 3 4 5 P.5 The County Manager will ensure that employees are provided performance expectations and performance evaluations that are both designed to enhance performance. Response to P.5: Employees are provided action plans, and annual evaluation conducted in July and August of each year. We did 1661 evaluations this year. Conducting these evaluations is a requirement for every manager and every employee must receive such. Merit Pay is provided via these evaluations to the orqanization's best performers. The following area supports Strategic Objective 1: Revising the Growth Management Plan and Land Development Code to improve the County's ability to manage and control the rate and quality of future development GROWTH MANAGEMENT Far Far Below Below Meets Exceed. Exceeds Standards Standa'" Standards Standards Standards 1 2 3 4 5 G.! County Manager will supervise the revision; reorganization; update of outdated and obsolete provisions of the Land Development Code (LDC). Through a series of workshops the BCC will provide guidance to the staff to these ends. Response to G.!: Had a total of 6 LDC fix workshops with the BeC and at least 8 LDC change hearings this year. The BCC and staff have spent a lot of time working on LDC changes for the future. Completed the Fall Cycle /04 and Spring Cycle /05 LDC Cycle and 2 Special Cycles. Most significant amendments included a complete revision and recodification of the Collier County Land Development Code. The Fall Cycle focused on Architectural and Site Design Standards; the Spring '05 cycle included 15 Sections dealing with general housekeeping amendments and 30 amendments dealing with principle changes to the code. Most notable is authorization for Early Work Permits, changes to the Affordable Housing Density Bonus program, and Streamlining the SDP process for publiC potable water sources. The Special Cycles focused on amendments for sidewalks, implementation of fringe TDRs, and PUD ghost units. Page 8 of 34 Agenda Item No. 9K October 11, 2005 Page 14 of 61 - GROWTH MANAGEMENT Far Far Below Below Meets Exceecls Exceeds standard. Standards Standards Standards Standards 12345 G.2 The COunty Manager will continue to provide staff focus to get the relevant GMP amendments approved by DCA, along with the 2nd EAR GMP amendments. Response to G.2: Did just exactly that. Eastern Lands and Rural Fringe were approved in FY03. Also finalized the Growth Management Plan (GMP) and Land Development Code (LDC) revisions, along with establishing a computerized program for Adequate Public Facilities Certification to implement Transportation Checkbook Concurrency. Provided a dynamic Growth Management Plan (GMP) implementation, interpretation and amendment environment to respond to community standards and preferences consistent with Florida Statutes by i conducting the FY05 GMP Amendment Cycles. Transmittal hearings conducted in January 2005 and adoption hearings conducted in June 2005. Completed the second Evaluation And Appraisal Report (EAR), attained sufficiency from DCA and currently finalizing the EAR GMP amendment cycle. e GROWTH MANAGEMENT Far Far Below Below Meets Exceeds Exceeds Standards Standards Standards Standards Standards 1 2 3 4 5 e G.3 The County Manager will supervise the development of LDC amendments to implement the Rural Fringe; Eastern Lands; 2nd EAR; and road checkbook I concurrency amendments of the Growth ManaQement Plan. Response to G.3: As the GMPs were adopted staff worked to implement the plans into LDC changes. The Eastern Lands LDC changes are being worked as the staff moves forward with Ave Maria University along with the Stewardship Credit program. Heritage Bay will be the catalyst to move the Rural Fringe LDC changes along with the TDR program. Implemented the Rural Lands Stewardship Area (RLSA) Stewardship Credit Program and associated Stewardship Sending Area (SSA) and Stewardship Receiving Area (SRA) designations. Conducted the CCPC and BCC "Transportation Concurrency" workshops in an effort to instill trust and confidence in staff's ability to enforce the directed transportation concurrency policies of the Growth Management Plan and Land Development Code. Completed the 2005 Collier County Build- out Study. Page 9 of 34 Agenda Item No. 9K October 11, 2005 Page 15 of 61 .) GROWTH MANAGEMENT Far Far Below Below Meets Exceeds Exceeds Standards Standards Standa~ Standa~ standards 1 234 5 ....., GA The County Manager will provide staff coordination through a series of citizen committees to study and implement numerous community olannlna initiatives. Response to G.4: Again, we have been quite successful in that regard. The Bayshore CRA, the Immokalee CRA, US41 Overlay Study, Smart Growth Committee, Golden Gate Parkway Zoning Overlay Study, Immokalee Area Master Plan & Visioning Committee and the East of 951 Horizon Study are all actions that staff was (is) fully engaged in. In FY06 we will begin vetting the East of 951 infrastructure study which consists of a multiyear project to assess the level of investment in capital facilities and human resources needed at the build-out horizon to balance the expectations of Collier's residents for urban standards public facilities infrastructure, public safety and human services levels of service and associated estimated costs. The first phase of the study has focused on information gathering and assembly into an organized and coordinated set of options and related costs. The study is requiring coordination of capital facilities and infrastructure planning on the horizon with The Big Cypress Stewardship District, The Ave Marie Community District, the fire districts, and the Sheriff's Office. The Horizon StUdy will concentrate on preparation to respond to the needs of future exurban populations based on the current adooted Growth Management Plan and Future Land Use Map. The following area supports Strategic Objective 2: Developing reliable Public Infrastructure and Resource Management Processes. At CAPITAL PROlECf Far MANAGEMENT Far Below Below Meets Exceeds Exceeds Standards Standards Standards Standards Standa~ 1 2 3 4 5 CP.l The County Manager will provide a capital budget that will clearly describe the capital projects proposed for the following fiscal year along with the proposed means for funding such oro1ects. Response to CP.l: The budgets provided for FY 05 and 06 included specific capital sections that explained the capital projects in better detail and clearly indicated by fund the source of funds for each project. A standardized tracking system is in place to allow staff, the BCC and the public to know project status at any given time. We are continuing to make this system more user friendly in FY06. Page 10 of 34 . e - Agenda Item No. 9K October 11, 2005 Page 16 of 61 CAPITAL PROJECT MANAGEMENT I Far Far Below Below Meets Exceeds Exceeds Standards Standards I Standards Standards Standards 121 3 4 5 CP.2 The County Manager will provide regular updates to the County Commission on key capital projects in a manner which is easy to understand and timelv. Response to CP.2: A standardized tracking system is in place to allow staff, the BCC and the public to know project status at any given time. The AUIR workshop is much more focused about staying concurrent in every County Category, which entails a detailed discussion of current and projected County Capital projects. In addition, have asked staff to meet with Commissioners on specific projects and update them periodically on critical projects (i.e. water status reports, overpass, Immokalee road 6-laning, etc.). Have instituted weekly and monthly reports on road construction and water availability status. CAPITAL PROJECT MANAGEMENT Far Far Below Below Meets Exceeds Exceeds Standards Standards Standards Standards Standards 1 234 5 CP.3 The County Manager will ensure that for each key capital project that there is clearly established responsibility, budgets and schedules for each. The Manager will also implement business processes that will control costs and cost overruns. Response to CP.3: Developed capital project assignments, full project teams, budgets and schedules. The teams included the capital projects managers, and staff from Real Property, Purchasing, the County Attorney's office, etc. to send a clear message that the successful completion of these projects requires coordination by an entire team of employees. Have worked diligently to modify contract management procedures with staff and the Clerk of Courts to put controls in place to control project costs. This is a multi-year effort that continues to be implemented and institutionalized. Implemented and refined unique change order and work order approval and oversight process. Submit monthly reports to Board summarizing administrative change order activity. In FYOS conducted agency wide contracting and project manager training to standardize procedures and controls. Page 11 of 34 .J ..., --- Agenda Item No. 9K October 11 , 2005 Page 17 of 61 CAPITAL PROJECT MANAGEMENT Far Far Below Below Meets Exceeds Exceeds Standards Standards Standards Standards Standards 1 234 5 CPA The County Manager will work through the County's Finance Committee to bring recommendations regarding any and all capital projects that reQuire financina. Response to CPA: Quite a few programs had financing actions before the BeC this year: Gas Tax Revenue Bond #2 ($96M); Capital Improvement and Revenue Bond - Regional Park, Courthouse Annex & Parking Deck, Emergency Services Center, Fleet Facility ($167M): Conservation Collier Property Bond ($32M); Vanderbilt Beach Parking Garage ($8M); Utilities Capital Improvements ($27M); A State Revolving Fund (SRF) loans for water-sewer projects ($13M). Each was reviewed by the finance committee and submitted to the BCC for approval. The new County Financial Advisor is doing a great job for us. CAPITAL PROJECT MANAGEMENT Far Far Below Below Meets Exceeds Exceeds Standards Standards Standards Standards Standards 1 234 5 CP.S The County Manager will in particular track Transportation & Utilities construction and provide the Board with more frequent updates as to progress and bring a revised transportation construction plan and financina olan. Response to CP.S: The Water and Wastewater Master Plan update approved by the BCC in FY04 was an excellent in depth way to see the big picture of the required Utilities capital project program. In addition there have been numerous discussions about the status of water and sewer plant expansion projects during other BeC meetings. Also the status of Road improvement projects has been discussed at length in several BeC workShOps and at MPO meetings throughout the year. Presently, the 2030 Long Range Transportation Plan is being updated. These discussions are becoming commonplace, almost habitual, because we are executing capital projects that are based on solid, long-term planning programs. Quite a change from just a few years back. Executed numerous construction contracts for major arterial roadways and for the Water/Sewer Utility system. Again the status of any project is available on the automated standardized tracking system. In many cases this year, provided detailed one-on-one briefing with individual Commissioners on District projects of interest. Page 12 of 34 Agenda Item No. 9K October 11 , 2005 Page 18 of61 e The following area supports Strategic Objective 3: Improving the financial planning, management and reporting processes. FINANCIAL MANAGEMENT Far Far Below Below Meets Exceed. Exceeds Stllndards Stllndard. Standard. Stllndards Standards 12345 e F.l The County Manager will present an opportunity annually, prior to the development of the annual budget, for the County Commission to have a policy level discussion regarding the next year's annual budget. Response to F.l: In March 2005 an item was included on the BCC agenda that provided a proposed budget policy for the upcoming fiscal year, the OMB Director and Manager presented this policy and provided the opportunity for the BCe members to discuss these key issues prior to the staff's development of the annual budgets. This budget guidance was detailed, exacting and demanding. The Productivity Committee was consulted during its drafting. It made a huge difference in Budget preparation this year. Budget results are at Tab 3. Updated multi-year forecasts were provided to facilitate Board understanding of policy and funding issues associated with FY 06 budget decisions. FINANCIAL MANAGEMENT Far Far Below Below Meets Exceeds Exceeds Standards Standards Stlndards Stllndards Standards 1 2 3 4. 5 e F.2 The County Manager will develop an annual budget that will be presented to the County Commission in workshop format and then again in accordance I with statute for publiC participation through a series of two separate public hearings. In addition, make improvements to the budoeting orocess. Response to F.2: Public hearings were conducted in September 2004 for the FY05 budget and Budget workshops for FY06 were held in June 2005. The public hearings were held in Sept 2005. Again this year, the Budget was presented functionally instead of by fund type. This made the budget understandable to everyone. Phenomenal accomplishment that previous managers said couldn't be done. The OMB multi-year budget forecasting tool is becoming more useful for the BCC in displaying major budget issues in the out years. Page 13 of 34 .) ...-., ~ Agenda Item No. 9K October 11 , 2005 Page 19 of 61 Far Far Below Below Meets Exceeds Exceecls FINANCIAL MANAGEMENT standards standards standards Standards standards 1 2 3 4 5 F.3 The County Manager in conjunction with the Clerk of Court's Finance Department will maintain a system for managing the budget, to ensure that budgets are orooerlv administered. Response to F.3: The Clerk of Courts Finance Department has worked well with the OMS staff over the past year to ensure that budgets are maintained according to Florida Statute, all amendments have been processed in accordance with both Statutory requirements and the requirements of the budget amendment policies of the Soard of County Commissioners. This continues to be a much-improved area over orevious years. Far FINANCIAL MANAGEMENT Far Below Below Meets Exceeds Exceeds Standards Standards Standards Standards Standards 1 2 3 4 5 FA The County Manager will prOVide financial coordination through a committee, including the Budget Office, the Clerk's Finance Department, and the County's Rnancial Advisor, who will review and make clear recommendations on any and all matters that involve financinCl issues. Response to F.4: The Finance Committee, which includes staff from OMS, the Clerk's Finance Department, the Financial Advisor and the County Attorney's Office, met seven times over the past year, provided the review and processed the paperwork necessary to finance twelve separate programs and to acquire the next series of gas tax revenue bonds and the cacital imorovement & refundina revenue bonds. Far FINANCIAL MANAGEMENT Fir Below Below Meets Exceeds Exceeds Standards Standards Standards Standards Standards 1 2 3 4 5 F.5 The County Manager will provide annual updates of user fees and other non-Ad Valorem revenue - imoact fees. arants, etc. Response to F.5: All fees have been updated per study or CPI indexed. The following Impact fees have been adjusted in FY 05, Road Impact Fee; Gov't Building Impact Fee; Water and Sewer Impact Fee; Library Impact Fee; Correctional Facilities Update. The Countywide Impact: Fee Deferral Program and the new Law Enforcement Impact Fee were also approved by the Soard in FY05. Several others are under study to be presented to the BCC this next year - Fire Impact Fee Update; Parks Impact Fee Update; EMS Impact Fee Update; the long awaited (decade plus) Educational Facilities Impact Fee Update; and the Transportation Impact Fee Update. Other than the Educational Facilities Impact Fee, I believe we are in the best shape we've ever been in Collier County historv. Page 14 of 34 e e e Agenda Item No. 9K October 11, 2005 Page 20 of 61 Far FINANCIAL MANAGEMENT Far Below Below Meets Exceeds Exceeds Standards Standards Standards Standards Standards 1 2 3 4 5 F.G The County Manager will work cooperatively with the Clerk of Courts on the preparation of the CAFR and respond promptly and thoroughly to any issues raised by the external auditors. Response to F.G: Have worked on this relationship extremely hard this year. Have been thoroughly responsive to the Clerk's audits, etc. I believe this new openness has had obvious positive impacts on regaining the Public's trust in County Government. Have made comments on the 2005 CAFR to the Clerk, as well as, an offer to work together to get items fixed for next year. The CAFR process in 05 was significantly improved over past years. The Manager and Clerk staffs work together through every phase of the CAFR process. Continued On Next Page. Page 15 of 34 Agenda Item No. 9K October 11, 2005 Page 21 of 61 J ImDrovements: Clearly some things could have been done better as well. Included below are some of the areas in which I was disappointed, or felt that the issues could have been better managed: 1. Projects that are either allowed under the current land Development Code or have pushed the limits of the code; and the length of time required to change this code have been managed as well as could be expected. We have accelerated the process for changing the code to reflect the desire of the community and the Board for less intensive and better developments. This action or series of actions may now be contributing to the difficulties developers are having with CDES. On the other hand, we will need to realize that zoning for some heavier commercial and industrial uses will need to be located somewhere, and that it is an important component of our future economic development opportunities. 2. We have a uniform system of reporting capital projects, but It Is still too labor intensive to be really useful in our daily business processes. We have reexamined this process thoroughly in FY04/05, and made some minor improvements but will need to really revamp it in FY06 to make it easier to use and update. -., 3. I tried to spend more time with Commissioners in their districts. I believe that the best way to maintain a feel for what is going on in the different communities is to be out in those communities. I had planned to spend significantly more time with Commissioners talking with constituents, reviewing problem areas and seeing projects first hand, but have not been very successful in making this happen. 4. There were a few unanticipated developments during the year that took a considerable amount of time and effort to manage, including the following: · Several hurricane events · Sheriff's 05 Budget Appeal and 06 Budget Review · Clerk's lawsuit regarding Isles of Capri & Ochopee Fire volunteer bank accounts · "Friends Groups" audits and fixes · Caribbean Gardens Purchase . Freedom Memorial Activities · W-2 Form Mail Distribution Issues: Problems arose in February when several employees failed to receive their W-4 forms mailed to their residences. This lead to a series of discussions and subsequent improvements to the mail distribution system that have enhanced mail tracking and security. · FEMA FIRM Map issues · Cancelled Social Service Workshop and associated Community Coordination · Emergency Services Center Zoning -- 5. We are startingto measure our performance and benchmark it against other leading and lagging indicators. We have started the process by signing up to the leMA performance indicator program and the Florida Benchmarking Consortium. We are not where I'd like us to be but will continue to spend quite a bit of my personal time in FY06 working on an operational tracking/indicator system that will help answer the question, 'How do you know if we are successful in County Government?'. Scheduled to come on line in December 2005. Page 16 of 34 Agenda Item No. 9K October 11, 2005 Page 22 of 61 - . In addition to the formalized action plan, the following achievements are noteworthy and provided for consideration when conducting the County Manager's annual evaluation: Provided strong, dedicated leadership and management to the Manager's Organization while placing commensurate authority and responsibility in the hands of the Division Administrators, Directors, Managers, Project Managers, and Front Line Supervisors. Met all compliance and product production demands throughout the year. Stayed in compliance with all Federal and State programs and permit requirements. Completed the 2005/06 Strategic Planning Workshop. With the completion of almost all the key initiatives. plans are under way to review and revise the County's strategic plan in 2006. Will brief the BCC on the New Plan in Early CY 06. Completed the first ever formal, comprehensive 5- year business plans for each division and executive office departments. Developing five-year business plans is one of many steps involved in the County's strategic planning process. All are tied directly to our County Strategic Plan. Promoted improved organizational alignment with agency strategic goals through establishment of consistent Division Administrator KRA's, formal mid-year work program assessments, regular one-on-one briefings with Administrators and Management Office Directors, and the introduction of agency-wide, 5-year business plans. e Have begun to implement a balanced scorecard operational approach by laying out strategic goals, associating them with outcomes and measurements and ultimately incorporating them into employee action plans. Completed the template for the agency operations management tracking system (Ops Track). Comprehensive set of performance indicators developed for each operating unit. Initial formal report on 1 sl quarter FY 06 results will occur by Jan. 06. In conjunction with the above much research has been completed on other jurisdictions reporting systems and methods. Additionally, participation in the Florida Benchmarking Consortium (FBC) and the ICMA Center for Performance Measurement CPM) continues in an effort to identify comparative performance measures, benchmarks and "best practices" of other jurisdictions, which may ultimately be implemented in Collier County to increase efficiency and effectiveness. The ultimate goal is to determine how we can improve service delivery while conserving taxpayer dollars. Continued to push more intra-agency coordination and matrix management. An organizational climate based on personal and professional values-integrity and responsibility being the most important of all - is being sustained. e During this past year we have further expanded our legislative program. We have garnered the interest and participation of our commissioners and most of them attended our annual county government event in Tallahassee. I believe that the Commission has a greater understanding of the need for their participation in a successful legislative program, as well as a better understanding of the entire legislative process. We sustained our alliance with surrounding counties in the South Florida Legislative Coalition, which has allowed a pooling of resources to hold our annual county government event and ultimately resulted in giving us a stronger voice in Tallahassee. Page 17 of 34 ~ ~ At Agenda Item No. 9K October 11,2005 Page 23 of 61 Met with the SW Florida County and City Managers on five (5) occasions in the last year. We also enhanced our rapport with our local legislators enjoying a much better relationship with them than many other counties have with their delegations. Having a dedicated State Lobbyist in FY06 will only strengthen the County's position in Tallahassee. In addition, monitored & analyzed legislative proposals & developed legislative initiatives to bring to our local delegation & FAC. Guided a number of intra-agency planning and coordination initiatives in the following areas: IT Governance Committee, AUIR Project Management Plan, Contracts Management Task Force, TDC Beach Funding Policy, Emergency Preparedness Planning and Automated Issue Management and Agenda Processing Systems. Continued to use a quarterly Capital projects review (Caps Track) to improve our capital projects efficiencies through increased communication and oversight. Guided on-going efforts to improve and refine the capital projects management tracking and reporting process. Streamlined the reporting format to make it easier to review & evaluate projects with integrated GIS. Worked diligently to initiate & guide preliminary development of legislative initiatives, automated BCC issue management system, performance metrics (ICMA and Florida Consortium), capital projects tracking system, and operations tracking & reporting. Had some very successful negotiations this year: the Ave Maria project; Public beach access alo the Vanderbilt Inn; ESC complex at Lely site with Stock Development. Participated in several key recruitment efforts resulting in placements of excellent candidates including the Public Services Administrator, Senior Project Manager (coastal projects), Senior Management & Operations Consultant, and the Federal and State County Lobbyists. Planned and guided a successful Washington, D. C. lobbying trip for 1-75 expansion funding. Executed the County's first Federal Lobbyist contract with The Ferguson Group Aggressively recruited and hired well-qualified professional individuals to fill key positions in the agency including the Public Services Administrator, Library, University Extension, Parks and Recreation, and Transportation Engineering and Stormwater Directors. Guided new/improved Agency business policies and procedures in a number of critical operating areas, including HR, IT, Risk Management, Procurement & Contracting, Communication & Customer Relations, Emergency Management and Tourism. o Prepared a series of employee benefit improvement proposals, as well as the development of a formal employee relations program proposal and production of quarterly HR management reports. )- Developed initiatives designed to monitor leave usage, reward good attendance, compensate for lump sum merit pay impacts, value high level executives, and assist with retiree health care premiums. Page 18 of 34 "-------.-...-...~--"'-...-~__,,_"""'_..,W.',_..M'._ Agenda Item No. 9K October 11. 2005 Page 24 of 61 e ~ Designed and implemented new performance measurement tools that better match job requirements and maximize management flexibility. ~ Added career progression programs, provided in-house training programs, assisted with succession planning through development of leadership training. and evaluated/reclassified numerous positions throughout the year. The wellness programs continue to be successful as evidenced by high volume usage and continuing good health care experience rates. ~ Executed superb internal control of sick leave, compensatory and overtime time throughout the year by aggressive oversight and management. We have greatly "beefed-up" our reports. We now can give up-to-date information concerning vacancies, turnover, use of overtime, sick leave time and compensatory time. These reports help the departments to better track and manage their employees. o Established the Information Technology Executive Committee to maintain communication between divisions and the IT department, keep administrators informed of the progress of major projects and strategic directions for IT platforms. obtain buy-in and authority for IT strategic decisions. and ensure that IT resources adequately match the needs of the agency. e ~ Upgraded the Microsoft Platform - Entered into enterprise agreements with Microsoft that ensure cost effective access to the most current software. Rollout of the upgraded operating system (Windows XP) and application software (Office 2003) has been in progress since the beginning of 2005. The majority of users will be completed no later than September 2005. ~ Enhanced our IT monitoring systems. Our ability to sense system degradation before system failure is making a difference in both availability and in troubleshooting. Real time performance dashboards are starting to come on line. o Worked closely with the Risk Management Director to successfully contain health care premiums, met all reserve requirements (a year early), established reserve levels that are designed to stabilize premiums over the next several years. > Worked closely with other major employers in a local coalition to obtain better rates for healthcare and prescription drugs. Staff took proactive measures to re- evaluate property values and ensure all property and casualty insurance was in place before hurricane season. The Safety Team worked with departments to develop customized safety training for each position and established an Incident Review Board to determine the root causes of accidents in an effort to mitigate recurrences. e ~ Continued to reinforce and foster the Subrogation Recovery Program- This program is designed to pursue and collect monies owed Collier County due to damages caused by third parties to County property or employees. The program officially began January 1. 2002. The amount of money collected in FY 02 was $52,350; the amount of money collected in FY 03 was $176,249: the amount of money collected in FY 04 was $243,611. Collections in FY 05 are expected to Page 19 of 34 Agenda Item No. 9K October 11, 2005 Page 25 of 61 ~ be $300,000 to $350,000. As of May 1,2005, the program has collected $735,718. )- Developed and implemented a monthly safety meeting program. Supervisors are instructed to conduct a minimum of one safety meeting each month, document the meeting, and provide documentation for tracking. Monthly topics are selected based on the areas of loss Collier County has experienced. Topics included: Preventing Slips; Trips, Falls, and Accidents; Emergency Evacuation; Hurricane Preparedness; Heat Stress; Lyme Disease; Ultraviolet Radiation; Driver Safety. )- In an attempt to standardize training throughout Collier County, identified safety training by job position. Training requirements have been identified by taking both OSHA regulations and previous loss history into account. Training for over 250 job positions that require Accident Investigation began in June 2005. )- Created the Incident Review Committee: The purpose of the Incident Review Committee is to conduct a formal investigative and review process of all incidents which result in damage to the County's Human, Property and Financial Assets for the purpose of 1) determining root cause and preventability; 2) to recommend corrective action; 3) to identify future planning issues; 4) to assure compliance with established safety practices; 5) to establish accountability; and 6) to reduce the rate and associated cost of work-related incidents. ., )- Directed Safety Staff to focus its training efforts on Back Safety - Defending your Safety Zone; JSA Review Sessions; Driver Safety Training; Maintenance of Traffic- FOOT Intermediate Work Zone; Flagger Safety Course; Eye Safety; Hearing Conservation; Powered Industrial Truck; Ladder Safety; Back Safety for First Responders; Confined Space Entry; Respiratory Protection; Lockout Tag out; and Office Safety. Total employees trained on these programs = 1910. We also instituted a New Hire Safety Orientation this year. )- Developed a Safety Banner & Poster Communication Campaign. Weekly posters are changed out at 13 different locations with over 800 employees reading these messages each week. Topics include Back Safety, HealthlWellness, Driver Safety, and Chemical Awareness. We've also launched a banner safety program at all Utility Locations, Road Maintenance, and the main campus to support this campaign and reach even more staff. Since awareness has proven to make a difference in any safety program, we are doing all we can to keep a new, fresh message in front of our employees. ~ )- Continued to work on the County/Schools/CCSO Joint Healthcare Review consortium project in FY 05. Projects addressed include the standardization of payables under the Express Scripts program; the continue development of a standard risk sharing arrangement with the physicians; the development and utilization of a depression pathway, a PPI pathway, and an MRI pathway. Major projects included: The Prilosec OTe project; Risk Sharing and Goal Sharing- Actual costs came in 3% below FY 04 targets; Pharmacy Bid- a joint bid between the four entities was completed and released in June, 2005 Page 20 of 34 Agenda Item No. 9K October 11, 2005 Page 26 of 61 e o Continued oversight of Contracts Administration Task Force implementation plan including new contracts section in Purchasing, policy & procedure updates, revised standard contract forms and agency-wide training initiatives. ~ Improved the Contract Change Order Review and Management process. ~ Hired and organized the Contract Management team and they are performing superbly. ~ Re-wrote the County's standard construction and professional services contracts and delivered training on their use and implementation. ~ Developed and updated contract management procedures, in process of conducting training on these procedures in conjunction with the release and training for the new Purchasing Manual. ~ Worked to write better specifications, tighten contract controls and negotiate better contracts. ~ Procedures were enacted to monitor performance and to ensure that insurance certificates are on file and up-to-date. ~ The team continually works with the Clerk of Courts to improve communication, reduce redundancy, and enhance workflow. e o Vastly improved the Communications and Public Relations products & services including an on-line quarterly community newsletter, improved CATV programming, citizen customer satisfaction telephone survey, an imminent upgrade to the County website and the implementation of an agency media relations policy. Worked closely with the new Communication & Customer Relations Director to significantly improve the Agency's public relations and marketing efforts. Successfully guided the "spoke and wheel" matrix organization for communications and public relations programs and services in the Agency. ~ Upgraded audio/visual technical capabilities of CCTV. New playback system with expanded memory feature has been purchased. The new system will allow for BCC and other meetings to be copied directly to DVDs. The new equipment will eventually enable the county to offer "video-on-demand" through its web site. An upgraded TV "Bulletin Board" is also a part of the new system. - ~ Completed the 2005 Citizen Satisfaction Survey. Generally Collier County residents are satisfied with the services and leadership provided by county government. 55% agreed. "County officials do a good job running county government." Another similar question produced comparable results. Asked if things in Collier County are moving in the right direction or wrong direction - 62% of respondents believe things are moving in the right direction. On the subject of taxes. residents were asked if they agree or disagree with the following statement: "The property taxes you pay for county services are generally fair in relation to the value of benefits received." 69.5% of respondents agreed. Page 21 of 34 Agenda Item No. 9K October 11, 2005 Page 27 of 61 .J ~ Produced the Collier County Government Annual Report for 2004. The best ever produced. Totally professional. ~ Initiated an External County Newsletter - First edition distributed in March, 2005. The newsletter will be published 6x yearly. More than 700 homeowners associations, civic groups, business groups and individuals are receiving the newsletter. "Around Your Community" e-newsletter received a national award from the City-County Communications and Marketing Association (3CMA): Communications Technology-External Newsletter, Population group 40,000 - 1,747,025. ~ Developed and issued a new comprehensive agency media relations policy to all Agency employees in Jan. 2005. The new media relations policy has been successful in keeping the county's overall message consistent and timely. The policy has been generally well received, especially by the division PIOs because it specifically assigns responsibility and accountability for the oversight and coordination of media and public relations ~ AIMS reports are being issued on a quarterly basis. ~ Updated the Emergency Operations Center media guide. ~ ~ Produced a "paperless" employee newsletter. First email employee newsletter was distributed in Jan. 2005. The employee newsletter is distributed 6x annually. ~ Redesigning the Collier County web site. RFP committee will hire web designer by Oct 7, 2005. This project will carry into FY06. ~ Produced the Collier 2005 news magazine TV program. 21 new shows (each 30 minutes in length) were broadcast in FY05. ~ Produced the "Happy Tails" pet adoption TV show. 24 new shows (each 30 minutes in length) were broadcast in FY05. "Happy Tails" has received a national award from 3CMA: Most Creative Activity with Least Dollars Spent, Population Group 109,000 - 1,200,000. In its first 12 months on the air, "Happy Tails" helped boost adoption rates at DAS by 20 percent. "Happy Tails" has also received a national award from the National Association of Telecommunications Officers and Advisors (NATOA): Public Education - Operating Budget $250,000 - $500,000. ~ Produced the "County Highlights" public affairs TV program. 12 new shows were broadcast in FY05. Topics include: Elections, hurricane preparedness, EMS, water conservation, concurrency, university extension, landfill, wastewater, CDES homeowners guide, CAT and code enforcement. ~ Established "live feed" capabilities for emergencies from first floor television studio in Building F In Feb. 2005, JIt ~ Effective public information policies are In place during EOC activations. Established defined roles for all public Information coordinators during EGC activation. Specific procedures were implemented during Hurricanes Dennis, Katrina and Rita. Page 22 of 34 Agenda Item No. 9K October 11, 2005 Page 28 of 61 e )> Developed the World War II "Living History" project. More than 50 veterans have been interviewed. Their stories will be archived at the museum and libraries as well as made available on the county web site. o Worked to successful establish the Bureau of Emergency Services, which began providing effective administrative oversight for EMS, Medflight, Dependent Fire Districts, Medical Examiner Office, and Emergency Management. In addition, instituted Standard Operating Guidelines for critical elements of the Bureau's response forces and built new community partnerships, many of which have joined Collier County by the completion of formal working agreements. Improved agency emergency preparedness planning and response capabilities including additional disaster recovery units (DRU's), an update to the Comprehensive Emergency Management Plan, procurement of a new mobile command center and a formal agreement with FGCU for dedicated local radio coverage during emergency events. Emergency Management in the County has come a long way this year. )> All Divisions and Separate Departments created or updated their emergency plans with lessons learned during the 2004 Hurricane Season. )> Received designation by the National Weather Service as a Storm Ready community based on our ability to educate, to warn, and to respond to severe weather events within Collier County. e )- Completion, enhancement and award recipient from the National Association of Counties for our Disaster Response Unit Inventory initiative. )> Completed and received approval from FEMA for a local mitigation strategy plan. )> Completed the County's largest emergency response exercise "Operation Concerted Effort" in support of mass medical response, and homeland security concerns. )> Completed the bid and subsequent ordering of a replacement mobile command vehicle combining local funds and State grant funds. )- Completed a re-write of the Collier County Comprehensive Emergency Operations Plan with subsequent Commission and State approval. )> Drafted new disaster recovery ordinance language {Pending CDES final review} to ensure a solid framework for catastrophic disaster recovery operations. )- Made considerable improvements in the Amateur Radio Communications network to provide a redundant network of emergency communications during times of disaster e )- Established a special needs task force - working group, under the auspices of the County approved Citizen Corps Advisory Board. This new group will form a partnership to help address the disaster response and recovery needs of the medically frail and elderly. Page 23 of 34 Agenda Item No. 9K October 11, 2005 Page 29 of 61 .j )0. Improved shelter response plans by working closely with the American Red Cross and the Collier County School District to better utilize existing facilities. )0. Initiated efforts to address disaster needs of the Domestic Animal Services and began forming a research group to address pet friendly shelter needs and resources. )0. Conducted numerous site visits at local nursing homes, and congregate care facilities to provide technical guidance in support of emergency planning. )0. Coordinated FEMA reimbursement claims for Hurricanes Charley, Frances, Ivan, and Jean. o Obtained BCC approval to reallocate TDC revenues and produce a 1 O-year financial plan that adequately addresses the funding requirements of all grant recipients. Worked with staff to develop successful strategy to add 4th penny to the bed tax. Guided staff efforts to bring major beach renourishment project bid within budget. There have been some significant improvements in the Tourism Department during this year. )0. Expanded the research services to include some additional focus group research and more face-to-face interviews to get a better handle on our visitor profile and economic impact studies. ~ )0. Identified a new receptive tour operator (Orchids & Egrets) to sell Collier County nature tours and package with hotels and other attractions. );0 Increased the tourist tax revenue by 12% over FY 04. )0. Collier won the 2005 Flagler 'Henry' award from Visit Florida for ad promoting County as a prime tourist destination. )0. Continued to plan for and execute projects associated with beach improvement, maintenance, renourishment, restoration, and erosion control, including pass and inlet maintenance projects as directed by the Coastal Projects 10-Year Plan, and policies set by the Coastal Advisory Committee, the Tourist Development Council, and the Board of County Commissioners. We have had superb success this past year in these highly visible and impacted program areas, and are postured for even more success in the years ahead. At o Worked with the OMB Director to improve the budget process, including much improved policy guidance and an understandable presentation format and BCC review process. Also worked with the Finance Committee to develop & implement major capital improvement project financing strategies. Also worked with Financial Advisor & OMS Director on development of a formal debt management policy, which was presented to the BCC on 9/13/05. )0. Coordinated issuance of 2nd series of gas tax bonds in support of the road construction program, sales tax bonds for government buildings. and Conservation Collier general obligation bonds for land acquisition. Page 24 of 34 Agenda Item No. 9K October 11, 2005 Page 30 of 61 - )I> Commercial Paper loan financing is in place for the Vanderbilt Beach Parking garage. Commercial Paper loan financing for the acquisition of the Caribbean Gardens. General obligation bond for Caribbean Gardens is currently underway with closing scheduled this fall. )I> Prepared FY 06 budget policy guidance that outlined target budget allocation for all Agencies in order to maintain a "millage neutral" General Fund budget. Policy also addressed limiting General Fund contingency reserves. )I> Resolved the Goodland Fire MSTU millage issue with the City of Marco Island. )I> Continued use of the revised budget format with improvements made to illustrate why increases were necessary in certain divisions. Provided data and graphs to support the presentation highlights of the FY 06 budget, including metrics relative to County Manager Agency comparisons to other Florida counties. e Overhauled the Airport Authority Operations. The Airport Authority governing Ordinance was revised to provide the BCC more oversight of the Authority, the Airport Authority Administrative Code was revised to comply with the BCC's Human Resources and Purchasing policies, a firearms procedure was created, a new Executive Director was hired December 2004, and the EDC launched a branding and marketing campaign for the Immokalee Tradeport. Coordinated joint workshops with the BCC and the Airport Authority. Worked with the County Attorney staff on a proposal and draft Interlocal agreement to transfer the Everglades Airpark to Everglades City Council, which appears highly unlikely to occur. In addition, monitored Immokalee Airport Incubator Facility II audit report corrective action plan until full compliance reached January 20, 2005, resulting in job creation of the required 22 positions and non-liability for $750,000 grant repayment. The COES Process Review Task Force improved processing and efficiency of Land Use and Site Plan applications by implementing the following: o Established conflict resolution process. o Developed procedure handbooks. o Updated review checklists to cite appropriate Land Development Code o Enhanced sufficiency review checklists. o Established post review meeting availability. o Enhanced communication between staff and applicant when review items are missing from submittal. tit o Review checklists now available to all applicants and enhanced review checklists to ensure they are understandable checklists to have greater understanding of what is required, Page 25 of 34 Agenda Item No. 9K October 11 , 2005 Page 31 of 61 ~ o Now focusing on customer service and attempting to promote and open and honest dialog with the building and development industry to mutually assess problem areas in the review and permitting process and jointly develop solutions to correct those areas. o The Building Review and Permitting Department has streamlined the process of Master Filing plans for permits. The new process significantly reduces the administrative burden on the permit applicant and the Permitting and Plan Review staff. o The Building Review and Permitting Department has initiated several procedures to speed up the ground breaking of projects; including the issuing of foundation permits and allowing the issuance of conditional permits to certain projects when all plan review requirements have not been met, but do not affect the initial phase of construction. o Developed amendments to make the PSP process optional. ...., o Conducted two "how to submit an application for a Plat or Plan to assure success" final plat and site development plan seminars for members of the engineering and land development industry. Continued to provide building review and permitting and zoning and land use petition services for the county by servicing approximately 4900 land use activities this past year and processing approximately 35,000 permitted activities. Provided a dynamic Growth Management Plan (GMP) implementation, interpretation and amendment environment to respond to community standards and preferences consistent with Florida Statutes Amended Architectural and Site Design Standards in the LDC Continued with PUD Monitoring and enforcement of noted deficiencies. Conducted a PUD Homeowners/Community Association Presidents' Day to initiate and open communications with those associations facing PUD turnover. ~ Continued to effectively implement the Conservation Collier Program. Continued with the acquisition of properties, the creation of a long term financing plan that integrates management costs with acquisition costs, and the start of management activities for acquired properties. Continued with activities to deal with the controversial Listed Species issue to open a dialog with the Listed Species Stakeholder group and based on BCC guidance staff is forming an Habitat Conservation Plan (HCP) working group to finalize the general direction and work plan for the comprehensive listed species management program to be brought back to the BCC in 1 It Qtr, FY06. We were successful in finalizing a consensus to bring to the BCC. Continued to develop viable programs to promote the development of low income and workforce housing. Conducted Affordable Housing workshop and finalized amendment to the Consolidated Impact Fee Ordinance to implement an impact fee deferral program for affordable housing in Collier County. Page 26 of 34 e e e Agenda Item No. 9K October 11, 2005 Page 32 of 61 Accomplished the following CDBG actions: o All programs were executed consistent with the 1 and 5-year action plan per the terms of the Board approval and HUD regulations. This group executed the programs in a stellar manner, and most importantly, continued to expand our Federal grant program through our own initiative with all grants totaling approximately $8 million to the benefit of CC citizens. o HUD audited CDBG with no findings. This is the first time in 17 years that the Miami office has audited an entity with no findings. o Our spending percentage is one of the highest in Florida and was recognized favorably by the Miami Regional Office indicating excellent program management. o The 03/04 year has been completely reconciled with SAP to the satisfaction of the Clerk's office. The following SHIP initiatives were accomplished: o The state audited SHIP with no findings (a major improvement). o $3.2 million was spent represent 97% of allocation. o We are conducting first time homebuyers training twice per month. We participated in the Immokalee Housing Fair and also participated in the Naples Housing Fair. o The 03-04 SHIP year has been successfully reconciled to SAP to the satisfaction of the Clerk's office. o Our new consolidated (SHIP & HOME) home rehab program is now combined for maximum economic effect to the qualifying homeowners plus the leveraging of our personnel resources to this very important assistance program. o Recodified the County policy for Affordable Housing "fast-tracking" policy. This was implemented 11 January 2005. Continued working with the Copeland citizens to improve their community through concentrated CDBG program. Effectively managed the 5 EDC incentives and put the programs in place to manage them effectively. We are beginning to prepare for the monitoring responsibilities associated with the programs. Implemented the Rural Lands Stewardship Area (RLSA) Stewardship Credit Program and associated Stewardship Sending Area (SSA) and Stewardship Receiving Area (SRA) designations. o Stewardship Credit program successfully implemented in conjunction with Ave Maria. Six (6) Stewardship Sending Areas reviewed and approved to generate credits for Ave Maria SRA. o Processed. conducted staff review and prepared for public hearing and the eventual approval by the BCC the application for the Preliminary Development Area (PDA) and the Stewardship Receiving Area (SRA) and the associated Development of Regional Impact (DRI) for Ave Maria special district. BCC approved DRI in July 2005. Page 27 of 34 Agenda Item No. 9K October 11 , 2005 Page 33 of 61 ~ Implemented the Transfer of Development Rights (TOR) Program of the Rural Fringe Mixed Use District and its future land use restrictions. TOR program/credit modifications currently in GMP and LOC amendment process. The Second Evaluation And Appraisal Report (EAR) found sufficient without one single objection, recommendation or comment. EAR-based GMP amendment process initiated. Prepared the Annual Update and Inventory Report on Public Facilities - provided to BCC in December 2004. Improved Neighborhood Information Meeting (NIM) requirements via LDC amendment to now require neighborhood meeting as an integral part of any privately submitted GMP amendment. Code Enforcement conducted 15 separate community sweeps in various neighborhoods through out the County. Implementing the Hansen new business management system. Project delayed due to delays in the software development by the Hansen team. Collier County recently received the proposed project schedule, and staffing plan, from Hansen. In summary, Hansen is requesting a partial slowdown of the project until Oct 3rd, and a new go-live date of March 13. ., Implemented Minimum Housing Standards Ordinance to include enforcement of abandoned properties and enforcement of Rental Registration requirements Improved litter ordinance regarding construction sites Managed and monitor FEMA Flood Insurance Rate Map (FIRM) restudy process Finalized policy to permit Administrative approval for site clearing/filling for SOPs prior to final approval. (SOP, PWA) Developed a COES monthly newsletter to keep team members informed of issues, accomplishments and actions of our team Implemented the "Special Master" hearing process for County code violation cases. Continued to explore the creation of a Wetland Mitigation Strategy for the County. Working presently with a private entity and with the Collier Soli and Water Conservation District to examine alternatives. Successfully provided water through high-season 2005 with no potable water shortage emergencies through proper planning and resource management. Met the demand with reliability. ~ In FY05, Public Utilities completed or is currently working on over 243 water and wastewater capital projects with a budget of over $263 million. Additionally, there are seven solid waste projects for which we are forecast to expend $7 million. We have worked hard to seek, implement and sustain the best of market technical solutions, and to maintain a cradle-to-grave commitment to life cycle operations such as maintenance and operational efficiency, and optimal budget/financial considerations. Page 28 of 34 e e e Agenda Item No. 9K October 11 , 2005 Page 34 of 61 o Completed and commissioned the South County Water Plant 8 mgd reverse osmosis {RO} expansion. Substantial completion December 7, 2004 - since that date the plant has been operating flawlessly. Final completion - August 1, 2005. o Managed the design and subsequent construction contract for the South County Water Treatment Plant 12-MGD RO expansion. This project is on schedule with design at the 100% point and requests for bids have been issued. Applications for the SOP and ERP permit have been filed. Substantial completion is scheduled for February 1, 2007. o Managed the design and subsequent construction contract for the South County Water Treatment Plant 20-MGD wellfield expansion. This project is on schedule with negotiations with property owners along the wellfield route concluded and the Order of Taking scheduled for August. An alternate alignment through a SFWMD easement along Henderson Canal is now incorporated into the design, which will alleviate many of the local property owner's issues. The SFWMD has allowed us to begin well drilling along this Easement and this activity will begin by year's end. The ERP permit application has been filed but the SOP application must be filed after the SOP for the 12-MGD RO Expansion is received. Substantial completion is scheduled for February 1, 2007. o Facilitated and managed the North County Water Plant Mid Hawthorn Wellfield project. A total of eight Hawthorn Zone 1 wells are being installed to replace loss capacity due to saline water encroachment. The wells will replace approximately 4- mgd of lost capacity as a result of increased chloride levels in North County RO wells. The well drilling construction portion of the first five wells has been completed. The location and well construction component of the remaining five Hawthorn Zone 1 wells is ongoing. o Commissioned the South County Reclamation Water Facilities 16 mgd expansion. Final completion of work on site certified by MWH America's as December 17,2004, prior to the consent order date. The final Change order, for the reconciliation of final costs and contract time, to be approved by the BCC on July 26, 2005 in the deductive amount of ($687,560.82). o Completed the construction of the North County Reclamation Water Facilities 24.1 mgd liquid stream expansion. This project must be completed no later than September 30, 2005 as mandated by the Florida Department of Environmental Protection Agency's Consent Order. o Continued to work on North-South Wastewater Interconnect_ - This is the Santa Barbara/Logan Boulevard wastewater force main project that will allow the transfer of wastewater between the North and the South County Water Reclamation Facilities. A contract was awarded to Mitchell and Stark on September 2003. The work of laying the force main is complete. Work on the pump station continues on schedule. Final completion is estimated to be February 1, 2006. o Managed the Reclaimed Water ASR project on Livingston Road. FDEP permit to construct the ASR well and associated facilities issued on October 21, 2003. Engineering design - 95% complete. Received the FDEP Environmental Resource Permit (ERP) on February 14, 2005, and the COES "Special Treatmf!Jftt" pennit for Page 29 of 34 Agenda Item No. 9K October 11, 2005 Page 35 of 61 ~ jurisdictional wetlands. The US Army Corp of Engineers (USACE) permit issued, and successfully obtained partial mitigation credit. COES SOP permit released for approval (7-15-05). FDEP permit for treatment facilities and pipeline pending. o Completed construction of new Geocomposite lined cell of approximately 30 +/- acres to receive municipal solid waste at the Naples Landfill. Constructed a master storm water management system to serve the entire 320 +/- acres of the landfill. Ready for the next 20 years of scheduled lined-cells construction. Will continue to look for alternative methods of solid waste disposal beyond haul and bury. Finalized the new Solid Waste Collection Contract. Preparing for implementation October 1, 2005. Implemented and enforcing the Non-residential Recycling Ordinance adopted by the BCC in July 2004. Implementing changes to the residential curbside collection of solid waste and recyclables per the BCC-approved collections contracts with Waste Management of Florida Inc., and Immokalee Disposal slated to go into effect October 1, 2005. Achieved Board of County Commissioners approval for an update to the Utilities Standards and Procedures Ordinance along with the Utilities Technical Standards Manual. -, Continued to work with South Florida Water Management District (SFWMD) to allow a 50/50 split in brackish and fresh raw water. Hired Camp, Dresser, and McKee as consultants to work with staff and SFWMO to secure a SO/50 water supply from the Tamiami Aquifer instead of a 80/20 brackish water split. Staff has met with SFWMD to present the Utility needs and have obtained outside legal counsel to assist with these water supply matters. Completed the Inflowllnfiltration Study for the South County. The final report has been received and finalized. Corrective measures prescribed by the study are underway. Initiated a Reclaimed Water Master Plan. The contract with Owen Ayres and Associates, Inc. was presented to the BCC on March 22, 2005. The first phase of the project includes Data Collection and Irrigation Policy Considerations and Formulation. The second phase of the project will include formation of the Irrigation Infrastructure Master Plan, Rate Structure, and Ordinance, and revisions to the LDC and GMP. Completion expected in March 2006. At Completed Road Construction and Landscape underway for Golden Gate Parkway; Livingston Road Phase III; Goodlette Frank Road (PR-VB); and 13th Street SW Improvements. Began Road Construction, or set to begin, for Golden Gate Overpass; Immokalee Road (US 41 to 1-75); Vanderbilt Beach Road; Rattlesnake Hammock; and Goodlette Frank Road. Page 30 of 34 Agenda Item No. 9K October 11, 2005 Page 36 of 61 e Production maintained for upcoming let to construction in 2005 and 2006 for: o Collier Boulevard (Immokalee Rd. to Golden Gate Blvd) o County Barn Road o Santa Barbara Blvd (Davis Blvd. to Green Blvd.) o Collier Boulevard (Davis Blvd to US 41) Checkbook Concurrency established as major tool for Growth Management Completed socio-economic data and initiated alternatives testing and public involvement for update of Long Range Transportation Plan with regional coordination element. Continued implementation of ATMS Phase 2 Project (computerized signal system), including Installation of 31 miles of conduit and the rebuild of two existing intersections in Immokalee, using mast arms. Initiated SCOOT installation on Pine Ridge Road corridor. Completed numerous intersection improvements and installed/modified signals to address traffic operations and safety. Added five new Transit Routes serving the areas of Golden Gate City, North Naples, City of Marco, Immokalee and VBR & Collier Blvd. Constructed 20 new transit benches and 7 new school bus shelters. e Established a Stormwater Utility. Completed numerous dredging and pipe replacement projects to implement Stormwater program. Obtained Water Management permit for LASIP project and made progress on CORPS permit. Secured $1.2 million in State Stormwater Grants. Completed 17.33 miles of Landscape Master Plan. Completed conversion of 7.6 miles of existing irrigation segments- from timed to measured gallons per minute. Resurfaced 22.47miles of road and Micro surfaced/paved 12 miles of road to date during FY05. Completed 4,900 Ln. Ft. of Stomwater Ditch Improvements. Completed 8.25 miles of Shoulder Widening and Asphalt Overlay. Proceeded with construction on Golden Gate Parkway, Goodlette-Frank Road and Immokalee Road, consistent with the 5-Year Work Program with construction lettings for the Golden Gate Overpass, Vanderbilt Beach Road and Immokalee Road (US 41 to 1- 75). Stabilized the leadership in PSD. Secure experienced Division Administrator and Directors for DAS, Extension Services, Parks and Recreation, and Library. - Developed a comprehensive Beach & Boat Access long-range plan, including funding recommendations that were endorsed by the BCC. Continued to revamp of Domestic Animal Services (DAS). Put this department back on track; Established a Euthanasia Criteria March 2005; Established a viable volunteer program- Great improvements in this departmentl The adoptions are up (15.8%), no negative press. The Euthanasia Criteria has been developed between staff and the Page 31 of 34 Agenda Item No. 9K October 11, 2005 Page 37 of 61 .J DAS advisory board and is currently In review with the attorney's office. In June, there were a total of 423 volunteer hours provided at DAS with over 80 volunteers registered. Cleaned up Friends issues in the Division. I do believe that we have finally cleaned up these employee issues. The Friends of Extension are conducting a second audit of their books to determine source and intent of donations made to their accounts (2). -, Lead the effort to complete the GAC park froperty land swap with the school district. The property will be on the September 13 agenda to officially transfer property to the Parks and Recreation inventory. GGEL T approved the transfer at their May meeting. Len Price is leading the rezoning of the property and the SOP. A matrix team composed from CCPS, transportation, real property, facilities management and fleet are working diligently on this project. Completed the Library New Facilities Master Plan. The Golden Gate Library Expansion design contract was approved by the BCC on July 26, 2005. The bubble site plan for the South Regional Library has been completed. Funding is in place for both of these projects. Finalized the Naples Depot negotiations and executed per BCC direction. This 90 year lease was finalized at the March 22, 2005 BCC meeting. Staff took over the building on April 4"\ Museum staff has worked closely with facilities management to develop an initial restoration plan for the building and preview exhibit to introduce the museum's future transportation theme. A 5-year capital plan has been developed. Secured a FCT $1.9 million grant for the purchase of Margood Resort to serve as a Community Park on Goodland. County contribution was $600,000 (25% of cost). Secured the Conditional Use for Goodland Boat Park - a lot of time spent meeting with the public and responding to inquiries on this project. Achieved Parks and Recreation National Accreditation. Received a Gold Level ADDY Award for the new beach brochures at Parks and Recreation Reorganized the Parks and Recreation Department and budget in anticipation of the opening of the North County Regional Park in May 2006. - Executing an aggressive Facilities Construction Program. High profile construction projects include: Employee parking deck, Jail expansion, Courthouse parking deck, Courthouse annex, Emergency Services Complex, Vanderbilt Beach parking deck, North Naples Government Center, and the Fleet Maintenance Facility. The employee parking deck opened in November 2004; the jail expansion opened in August 2005; Vanderbilt Beach parking deck and North Naples Government Center are on schedule with anticipated completion in February and April 2006 respectively. After a very complicated permitting process, construction started on the Courthouse parking deck in mid-June with the drilling of test piles. Site development plan approval for the Courthouse annex was delayed because of the pending approval for the parking deck. Decisions were made to build the entire seven-floor building and finish only four floors. The other three 'shelled only' floors will be completed when future funding becomes available. Public Page 32 of 34 Agenda Item No. 9K October 11, 2005 Page 38 of 61 - opposition to the location of the Emergency Services Complex has significantly delayed this project. The decision, after an extensive alternatives search, to include CAT operations at the Fleet Maintenance Facility has caused a delay in this project. Site development plans and the conditional use permit will have to be revisited. Increased Government Building Preventive Maintenance Workload to 20% of total work. We are being more proactive than reactive in this regard. Provided Digital Fingerprinting Services - Have fingerprinted over 828 employees and contractors. Additionally, working to develop criteria's for discharging employees based on their history with the County, the type of offense and other pertinent information. Less than one hundred (100) remain to be fingerprinted. - During the last year, the Fleet Management Department completed 6664 work orders with an operational availability rate of 95.0 percent for 1261 vehicles and major equipment items, and 97.7 percent for the total 2333 equipment items maintained by Fleet Management. Researched the feasibility of alternative fuels and alternative fuel vehicles for the County. Three hybrid gas/electric vehicles purchased in FY 05. Bio-diesel and ethanol would be feasible alternative fuels for Collier County but they are not presently readily available in our area. Hybrids appear to be the best option for alternative fuel vehicles for the County within the next ten years. Bic-diesel is also a possible option, but bio- diesel has not yet been tested to meet the ultra-low sulfur requirements beginning in Calendar Year 2007. Over 1.3 million gallons of fuel were dispensed during the last twelve months, with no instances of running out of fuel at any location and with pumps being in operational condition 99% of the time. Collier County was even able to maintain ample fuel supplies after Hurricane Charlie even when other government entities and commercial facilities were running out. This can be attributed to adequate prior planning and close coordination with our suppliers. Post-Hurricane Support - We took the initiative to support Charlotte County by providing service trucks and mechanics to assist with their maintenance and repair requirements after their fleet maintenance facility was destroyed by Hurricane Charley. We also provided maintenance and repair support, including parts supply, to the City of Jacksonville fire trucks and emergency vehicles that were here also here to help Charlotte County. Additionally, we assisted Lee County by coordinating their resupply of fuel through Evans Oil. -- Page 33 of 34 Agenda Item No. 9K October 11, 2005 Page 39 of 61 ~ Concludina Remarks: This has been an exceptionally challenging, and I believe, a very successful year. We have pushed this organization as hard as the resources would allow and sometimes beyond that point. We stili need the next year for continued review and corrections to the majority of our business processes, workflows, project planning and organizations. At the same time we have a very aggressive agenda of new work ahead of us for the next 12 months. I hope that you have been able to see a change in how County Government is being managed and that you see a very good staff led by great professionals. The organization is now self-correcting and self-initiating. An extraordinary metamorphous from where we were 3 short years ago. The staff has been encouraged by the Board's desire to make good decisions on behalf of the entire community and the willingness of all members to spend time learning the details of important issues to be better equipped to make decisions. While there are always things in retrospect that could have been done better, I would consider this to have been one of the most progressive years in this government's history. I hope that as you review my performance over this year, that I was able to "exceed your expectations" as the County Manager. Commissioners Comments: ...-, Commissioners SUGGestions for ImDrovement: Prepared by: -- Page 34 of 34 e . - Agenda Item No. 9K October 11, 2005 Page 40 of 61 Jim Mudd's Speaking Engagements FY 2005 October 16, 2004 Greater Naples Alumnae Pan hellenic, Quail Creek 1 :00 p.m. Country Club. October 20, 2004 Learn to Lead Graduation 3:45 p.m. October 21, 2004 Naples Airport Authority Board to discuss CAT Transfer 9:00 a.m. Station Site, Naples, city Hall October 21 , 2004 Logan Woods/Santa Barbara Civic Association. K. of C. 7:00 p.m. Hall GGPkwy. October 27,2004 Ground Breaking - North Naples Regional Park, 10:00 a.m. LivinQston Road October 27, 2004 Berkshire Lakes HOA. Town Hall Meeting. 7:00 p.m. October 28, 2004 Leadership Collier Class 2005 - Commerce Day 8:00 a.m. November 10, 2004 Homeowners Association Presidents meeting in Board 8:30 a.m. Room November 10, 2004 Greater Naples Leadership, Inc. Economic Development 1 :30 p.m. for Collier County. Northern Trust Bank November 13, 2004 West Point Society of Naples at Grey Oaks 11 :30 a.m. November 18, 2004 Island Walk External Community Affairs Committee. 4:45 p.m. November 19, 2004 Livingston Road Completion and Vanderbilt Beach Road 2:00 p.m. Ground BreakinQ November 22, 2004 Property Owners Association of North Collier County 7:30 p.m. Veterans Park December 1 , 2004 Pelican Bay Services Division Board Meeting 3:00 p.m. The Commons in Pelican Bav December 13,2004 Golden Gate Area Civic Association - Golden Gate 7:00 p.m. Community Center. Contact: Bill Poteet 403-8340 January 7, 2005 President's Council of Greater Naples Property Owners 8:30 a.m. Assoc. First National Bank February 1 , 2005 Goodland Civic Association informational meeting. 7:30 p.m. February 3, 2005 Ribbon Cutting Ceremony - Horizon Village, Immokalee 10:30 a.m. February 4, 2005 EN Kiwanis Club, Perkins, East Trail 7:30 a.m. February 7, 2005 Republican Executive Committee re: State of the County 7:00 p.m. February 10, 2005 Kings Lake HOA. BCC Chambers 7:00 p.m. .J -, 4 Agenda Item No. 9K October 11 , 2005 Page 41 of 61 February 15, 2005 Oil Well Road Widening Committee 7:00 p.m. Extension Services February 17, 2005 Naples Park Area Association 654 104th Avenue North 7:30 p.m. Contact: Rose Polumbo 514-2898 February 23. 2005 Urban Woodland Fire Round-up, American Red Cross 8:00 a.m. Chapter House February 23.2005 Greater Naples Leadership, Inc. 2:50 pm - 3:40 p.m. February 24. 2005 Lely Civic Association annual Homeowners Meeting 7:00 p.m. Roval Palm Country Club March 31. 2005 Property Owner Association Presidents Day 1 :30 p.m. Oranae Blossom Librarv April 4, 2005 Pelican Bay Club re: annexation 9:30 a.m. April 18,2005 Bears Paw Town Hall Meeting 9:00 a.m. April 21 , 2005 CommIssioner Coletta Civic Action Group - University 6:30 c.m. Extension April 26, 2005 Know Your County Government Teen Citizenship Group 8:45 a.m. May 5, 2005 Chapter 27 Reserve Officers Association 11 :30 a.m. Joe's Crab Shack May 17, 2005 Collier Rotary Club 7:30 a.m. QuaUtv Inn - 951/Golden Gate Parkway May 21, 2005 Lake Trafford Dredging Project Kick Off and Ann Olesky 4:00 p.m. Dedication May26.2005 RSVP - Volunteer Recognition Luncheon at the Registry. Noon June 21, 2005 Public Relations and Advertising Professionals of Collier 11 :30 a.m. Countv. Nacles Bath and Tennis 4995 Aimort Road. July 7.2005 Sand Dollars of Naples. Vassari Country Club. 1 :00 c.m. August 16.2005 Caribbean Gardens Blue Ribbon Committee @ City Hall 1 :30 p.m. August 17. 2005 East Naples Civic Association - "Let's Celebrate 6:00 p.m. Business" - 4735 Tamiami Trail East September 15, 2005 Calusa Chapter of the Florida Engineering Society 7:30 p.m. The Strand e . e Agenda Item No. 9K October 11, 2005 Page 42 of 61 Jim Mudd TV and Radio Appearances/Newspaper Articles Public Interaction FY -2005 Date October 1, 2004 October 4, 2004 8:10 a.m. October 18, 2004 November 1 , 2004 November 1, 2004 November 4, 2004 7:30 a.m. November 16, 2004 November 17, 2004 10:45 a.m. November 22, 2004 December 1, 2004 December 6, 2004 December 13, 2004 8:00 a.m. December 20,2004 January 1 , 2005 Janua 17,2005 January 22, 2005 10:00 a.m. Janua 31,2005 February 1, 2005 March, 2005 March 9, 2005 8:00 a.m. News ) .., At March 14, 2005 March 19,2005 10:00 a.m. March 25, 2005 7:00 a.m. March 28,2005 March 29, 2005 8:45 a.m. April 1, 2005 A ril18, 2005 May 1, 2005 Ma ,2005 Ma 2, 2005 Ma 16,2005 May 21, 2005 10:00 a.m. May 25, 2005 10:30 a.m. Ma 30, 2005 June 1, 2005 June 20, 2005 July 1, 2005 Jul ,2005 Jul 4, 2005 July 7,2005 7:03 a.m. July 23, 2005 10:00 a.m. August 1 , 2005 Au ust 1 , 2005 September 1, 2005 Se tember, 2005 Se tember 19, 2005 Agenda Item No. 9K October 11, 2005 Page 43 of 61 The Inside Sto with Coun Mana er Jim Mudd Radio Interview with Bob Harden Gulfcoast Living WGUF 98.9 FM Radio Interview with Dave Elliott. 2 .. ^._-_.....-_"..,.,.,.._._._,~~.._,--, .-..'.._~.'~.'.,_...~,.,._.",-._"_..,,,-~. ._.,"'~-, . e e Agenda Item No. 9K October 11. 2005 Page 44 of 61 Jim Mudd's FY-05 Emplovee Messaaes & Interaction October 1, 2004 Full Staff Meeting - Museum 8:00 a.m. October 1, 2004 Meet with employees of CD&ES to discuss issues and 4:00 p.m. Commissioner comments/Low Morale October 14, 2004 Field Trip - Transportation Work Crews 9:00 a.m. October 18,2004 Staff Liaison Training 9:00 a.m. October 29, 2004 New Employee Orientation 8:30 a.m. November 3, 2004 Field Trip - Public Utilities Division 9:00 a.m. November 18, 2004 Service Awards Breakfast 9:00 a.m. November, 2004 Subscriber e-mail - Happv ThanksQivina Messaae December 9,2004 Field Trip - Community Development and Environmental 9:00 a.m. Services December, 2004 Subscriber e-mail - Holidav Messaae January 27, 2005 Service Awards Breakfast 9:00 a.m. February 10, 2005 Field Trip - Public Services 9:00 a.m. February 15, 2005 Strategic Planning w/staff 1 :00 p.m. February 16, 2005 Strategic Planning w/staff 10:00 a.m. February 24, 2005 Service Awards Breakfast 9:00 a.m. March 10,2005 New Employee Orientation 8:30 a.m. March 14,2005 Field Trip - North Water Plant 1 :30 c.m. March 24, 2005 Service Awards Breakfast 9:00 a.m. April 9, 2005 County Government Days Coastland Mall April 14. 2005 Field Trip - Administrative Services 9:00 a.m. April 14, 2005 EMS/Manager Meeting 1 :00 p.m. April 21, 2005 Service Awards Breakfast 9:00 a.m. --) .~ - Agenda Item No. 9K October 11 , 2005 Page 45 of 61 April 21, 2005 EMS/Manager Meeting 1 :00 p.m. May, 2005 Subscriber e-mail- Public Customer Service Week May 11, 2005 New Employee Orientation 8:30 a.m. May 19, 2005 Service Awards. Breakfast 9:00 a.m. June 9, 2005 Field Trip - Tourism, PUD, Transportation 9:00 a.m. June 20,2005 Emergency Services Hurricane Season 2005 Operational 8:00 a.m. Brietina June 23, 2005 Service Awards Breakfast 9:00 a.m. Julv, 2005 Fourth of July Safety - Subscriber e-mail . July 19, 2005 New Employee Orientation 8:30 a.m. July 29,2005 Service Awards Breakfast 9:00 a.m. August 2,2005 Project Manager Training Class - Closing remarks 3:00 p.m. August 11 , 2005 Field Trip EMS Stations 9:00 a.m. August 15,2005 Public Utilities Mid-Managers' Effective Local Government 9:30 a.m. Manaaer Symoosium Graduation Ceremonv. Auaust, 2005 Eneray Conservation - Subscriber e-mail September 9, 2005 Service Awards Breakfast 9:00 a.m. September 9, 2005 Strategic Planning with staff 2:00 p.m. September 29, 2005 New Employee Orientation 8:30 a.m. September 30 I 2005 Service Awards Breakfast 9:00 a.m. e Times Yearly County Manager's Column in the County Employee Newsletter 'e e e Agenda Item No. 9K October 11 , 2005 Page 46 of 61 FY 2005 Board of County Commissioners Workshop and Special Meeting Schedule Date Meeting Location October 4, 2004 Boat Speed Workshop with the City of Naples Council 1:30 p.m. City of Naples Meetlna Room October 13,2004 BCC/LOC Boardroom 5:05 p.m. October 19, 2004 BCC Legislative Initiative Boardroom 1 :00 p.m. Workshop November 10,2004 BCC/LOC Boardroom 5:05.m. December 6, 2004 BCC/PUD Monitoring Workshop Boardroom 9:00 a.m. December 6, 2004 BCC/Conservation Collier Boardroom 1 :00 p.m. Workshop December 7, 2004 BCC/Sldewalk Workshop Boardroom 9:00 a.m. December 17, 2004 BCC/AUIR Workshop Boardroom 9:00 a.m. December 17, 2004 BCCrrDC Workshop Boardroom 1 :00 p.m. January 26, 2005 Town Hall Meeting District 3 Golden Gate Community 7:00 p.m. Commissioner Hennina Center January 28, 2005 BCC/Beach and Park Issues Traveling Workshop 8:30 a.m. Workshop February 4, 2005 BCC Strategic Planning Boardroom 9:00 a.m. Workshop February 9, 2005 Town Hall Meeting District 2 St. Johns Church 7:00 p.m. Commissioner Halas February 15, 2005 BCC/Listed Species Workshop Boardroom 9:00 a.m. March 1, 2005 BCC/Airport Authority Workshop Boardroom 9:00 a.m. March 8, 2005 BCC Special Cycle 1 - 2005 Boardroom 9:00 a.m. Sidewalks March 9, 2005 Town Hall Meeting District 4 Professional Development 7:00 p.m. Commissioner Coyle Academv March 22, 2005 BCC Special Cycle 1 Boardroom 9:00 a.m. 2005 Sidewalks March 23, 2005 Town Hall Meeting District 1 East Naples Community 7:00 p.m. Commissioner Fiala Park March 25, 2005 BCC/Concurrency Workshop Boardroom 9:00 a.m. March 31, 20059:00 BCC/Beach Access Workshop Boardroom a.m. April 6, 2005 Town Hall Meeting District 5 Palmetto Ridge High 7:00 p.m. Commissioner Coletta School 1 I I I . -) ~ ,At Agenda Item No. 9K October 11, 2005 Page 47 of 61 Apri128,2005 Commissioner Fiala's Marco Mackie Park 7:00 p.m. Island Meeting May 3, 2005 BCC/Affordable Housing Boardroom 9:00 a.m. Workshop May 11 , 2005 BCC/CRA Workshop Boardroom 2:30 p.m. May 11, 2005 BCC/LOC Meeting Boardroom 5:05 p.m. Cvcle 1 June 7, 2005 BCC/Comp Plan Amendment Boardroom 9:00 a.m. Cvcle 1 2004 Adoption Hearing June 7, 2005 BCC/PARAB Beach Access Boardroom 2:00 p.m. Workshop June 8, 2005 Post Legislative Session Boardroom 3:00 p.m. Workshop June 8,2005 BCC/LDC Meeting Boardroom 5:05 p.m. Cvcle 1 June 15,2005 BCC Budget Workshop Boardroom 9:00 a.m. June 16, 2005 BCC Budget Workshop Boardroom 9:00 a.m. July 8, 2005 BCC/EOC Briefing - Hurricane Boardroom 8:30 a.m. Dennis August25,2005 BCC/EOC Briefing - Hurricane Boardroom 1 :00 p.m. Katrina August 27, 2005 BCC/EOC Briefing - Hurricane Boardroom 1 :00 p.m. Katrina September 8, 2005 BCC/Bayshore CRA Meeting Boardroom 3:00 p.m. September 8, 2005 BCC/Budget Public Hearings Boardroom 5:05 p.m. September 20, 2005 BCC/PUD Audit Workshop Boardroom 5:05 p.m. September 22, 2005 BCC/Budget Public Hearings Boardroom 5:05 p.m. September 28, 2005 Interstate 1-75 Expressway International College 9:00 a.m. Authority Joint Workshop 2 ~------- Agenda Item No. 9K October 11, 2005 Page 48 of 61 e District Drive Arounds w/Manaaer November24,2004 Commissioner Henning 10:00 a.m. January 13, 2005 Commissioner Coletta 6:00 a.m. March 10,2005 Commissioner Halas 1 :00 O.m. May 6,2005 Commissioner Coyle 1:00 D.m. July 14, 2005 Commissioner Fiala (Re-scheduled to October 13 due to illness) . e 3 # Adherence to FY 06 Budget Policy Guidelines Agenda Item No. 9K October 11, 2005 Page 49 of 61 Policy Area Budget Policy FY 06 Proposed Budget - Guidelines J General Fund Millage Millage Neutral (3.8772 Millage Neutral (3.8772 mills). mills) MSTD General Fund Millage Millage Neutral (0.8069 Millage Neutral (0.8069 miDs). mills) General Fund Capital 0.3333 mill equivalent 0.3333 mill equivalent Millaee Stormwater Millaee 0.1500 mill equivalent 0.1500 mill eauivalent Limit on New Positions 25 new positions (net) 25.0 net new positions. (County Manager's Agency) 1794.90 FY 06 County Manager Less: (7.00) FY 05 UFR's (May 24) (46.10) North Naples Reg. Park (1_716.80) FY 05 AdoDted 25.00 Net FY 06 New Positions* ~ *excludes BCBB funded positions. ~ Adherence to General Fund The Board adopted a Taxable Value at Budget Allocation budget policy limiting 11.0% 19.3% FY 06Agency budgets to no more than the BCC- yes yes percentage their FY 04 County Manager - yes yes budgets represented of CourtslRelated - yes yes total FY 04 General Airport Authority - yes yes Fund budget Road Subsidy- no no appropriations. Capital Subsidy* - no no Reserves - yes yes Clerk of Courts - yes yes Sheriff - no ~Y.e Property Appraiser - yes yes Tax Collector**' - nla nla Elections - yes yes *Stormwater capital allocation was not a component of the FY 04 General Fund budget (pie). ** Tax Collector budget submitted on Aueust 1, 2005. Polic Area e Provide Budget Metrics Overtime Discretionary Operating Expenses -- Provide Comparative Budget Data using FY OS adopted budget data (cost and employees per capita based on unincorporated area population) by Agency for Similar Sized Florida Counties Recommended counties for comparison purposes include: 1. Sarasota County 2. Lee County 3. Manatee County 4. Charlotte County s. Marion Conn Limits overtime to no more than the product of 2.00 multiplied by the 2% attrition amount. Current Senice Discretionary operating expenses limited to 3.9% Agenda Item No. 9K October 11, 2005 FY 06 Pro osed Bud County Manager - yes Sheriff - yes Elections - yes Tax Collector* - no Clerk*'" - no Property Appraiser*** - no * August 1 budget submittal ** Article V budget revisions *"Budget approved by State Department or Agency Exceptions: EMS Domestic Animal Senices Water/Wastewater Utilities Financial Operations Fleet Management Facilities Management Building ReviewlPermitting Sheriff Exceptions: Wastewater Utilities Finance Solid Waste Agenda Item No. 9K October 11 , 2005 Page 51 of 61 j Goals for Fiscal Y ear 2005~ If given the opportunity, I would like to build on the successes of this year and institutionalize many of the changes that have been made. Truly exceptional organizations focus a tremendous amount of attention on internal improvements. Creating a better work environment, finding the best employees, keeping and improving them, focusing on how to conduct business with better customer service results, making internal changes that result in work being done smarter, faster, more efficiently or effectively. We want to make the "routine" truly routine. Great organizations do routine things routinely! Tbis will require continued improvement in our planning, refining assignments and responsibilities, and establishing/maintaining accountability. Specific areas of improvement that I would propose as part of next year's action plan would include: ]. Followine through on the County's StrateJPc Plan for FY 04. As discussed in the Strategic Planning workshop. Establish a long range County plan for infrastructure improvements East of CR 951, along with a solid financial plan that supports it. ~ 2. Community Development. We will continue to focus on improving the business processes within this division and amending the codes to manage growth better and instill smart growth tenets. In addition, conduct at least 2 PUD/IOU workshops; continue to manage the FIRM restudy process as negotiated with FEMA; implement development review business process improvements, including establishment of product turnaround metrics; develop a revised Manatee Protection Plan and a Listed Species Plan; and pursue a Collier County Mitigation Park (Bank). 3. Improved use of technology and web site. The technology in place is capable of much more than we use it for. AIMS, GIS, SAP, and Novus (the new paperless agenda) are all examples of exploitable technology within our grasp. In 2005, produce a professional agency Web page that standardizes screen layouts, content requirements and navigation protocols, Le. (common "look and feel "). 4. Development of Five-Year Division Business Plans. Having the Divisions go through the exercise to clearly define what they envision their organizations to be in five years helps to put everyone on the same page. Align these plans with the County Strategic Plan. Started in FY04 - Finish them in FY05. 5. Succession Planning. Developing what is known as "bench strength" or developing a management team below the Division and Department level of people who are skilled, ready and able to step into higher management positions. -4 Page 1 of4 Agenda Item No. 9K October 11, 2005 Page 52 of 61 e Goals for Fiscal Year 2005.. cont..: 6. Develonment of more regional strenlrth at the State Legislative level. Continue to improve the fledgling relationships between Collier, Lee, Charlotte, Sarasota and Hendry Counties to develop even more unified positions on issues that affect Southwest Florida from Tallahassee. 7. Successful capital project management. FY05 will see another large capital construction program. Managing these projects to successful and timely completion will be a priority. Road Improvement Projects of Interest: - a. Golden Gate Parkway b. Golden Gate Overpass c. I-75/Golden Gate Interchange d. Goodlette-Frank Road e. Immokalee Road f. Rattlesnake-Hammock Road g. 13th Street S.W. h. Vanderbilt Beach Road 1. Collier Blvd. J. Livingston Road Critical Utility Improvement Projects: a. South County Water Plant Expansion b. South County Sewer Plant Expansion c. North County Sewer Plant Expansion d. North-South Sewer Interconnect e. County-City of Marco realignment of utilities (Goodland for Marco Shores & Isle of Capri.) f. Reclaimed Water ASR g. North County Water Plant Mid Hawthorn Wellfield Public Safety Projects: a. Naples Jail Expansion Project b. New Emergency Operations Center c. Sheriff Special Operations Center d. EMS-19 Station (Santa Barbara) e. EMS Station (Davis Blvd) f. Orangetree Sheriff's Substation - Page 2 of4 Agenda Item No. 9K October 11 , 2005 Page 53 of 61 ) Goals for Fiscal Year 2005. cont.: Other Significant County Projects a. North Naples Regional Park b. Collier Blvd. Boat Park c. Vanderbilt Beach Parking Deck d. Courthouse Annex and Parking Deck e. North Naples Service Center f. Multi-year Arterial Landscape program g. FPL and Collier Blvd. Greenway Projects h. County Stormwater Utility 8. Overall Operational Improvements: A. Finalize the new Solid Waste Collection Contract. B. Finalize land acquisition funding sources for beach and boat access C. Continue to get DAS back on track. ..., D. Finish Implementation of Contract Administration Plan Initiatives. Contract Administration Section Start Up - Bringing three employees in the new section in FY05 and the final two on in FY06; Re-write of Standard Construction and Professional Services Agreements; Update Contract Administration Procedures; and Establish Use of Alternative Surplus Property Methods and Alternative Sites. E. Develop an Operations Management Tracking System (Ops Track) that measures efficiency, productivity and effectiveness. F. Improve the Agency's public affairs & customer relations programs (i.e. on- line, quarterly, external, e-mail newsletter & annual citizen survey questionnaire). Develop & issue a comprehensive agency media relations policy. G. Develop a plan for annual citizen satisfaction survey. Tentative plans call for a countywide telephone poll conducted in January 2005 of 400-600 registered voters evaluating public opinion on a variety of issues. Draft survey will be circulated among administrators and County Manager's office by December 15,2004. -4 Page 3 of4 Agenda Item No. 9K October 11 , 2005 Page 54 of 61 . Goals for Fiscal Year 2005. coot.: H. Work with Finance Committee to develop an Agency debt policy. The GMP needs to be updated based on the outcome. Make sure this evaluation addresses both short and long term capacities. L Improve emergency preparedness planning & response capabilities. a. Continue Emergency Management team development within the community toward building a disaster ready and disaster resistant community. b. The County needs dedicated time or a dedicated radio station during emergencies c. Make sure that the Emergency Management Bureau's Emergency Plans are updated with lessons learned from Hurricane Charley, Francis, and Ivan. - d. Build additional force and supply capability to allow Collier County to become more self-sufficient for disaster response and management. Secure warehouse space for a Logistics Center. e. Continue efforts to close the gap on emergency shelter needs through PUD commitments (facilities or "in lieu of" donations). e Page 4 of 4 ~-) ..~ .- Agenda Item No. 9K October 11 , 2005 Page 55 of 61 .... Score Results .... . 0 . No results or poor results in areas reported 1 . Some improvements and/or early good performance levels in a few Far Below areas Standards . Results not reported for many to most areas of importance to the organization's key business requirements 2 . Improvements and/or good performance levels in many areas of Below importance to the organization's key business requirements Standards . Early stages of development trends and obtaining comparative information . Results reported for many to most areas of importance to the organization's key business requirements 3 . Improvement trends and/or good performance levels reported for most Meets areas of importance to the organization's key business requirements Standards . No pattern of adverse trends and no poor performance levels in areas of importance to the organization's key business requirements . Some trends and/or current performance levels - evaluated against relevant comparisons and/or benchmarks - show areas of strength and/or good to very good relative performance levels . Business results address most key customer, market, and process requirements 4 . Current performance is good to excellent in areas of importance to the Exceeds organization's key business requirements Standards . Most improvement trends and/or current performance levels are sustained . Many to most trends and/or current performance levels - evaluated against relevant comparisons and/or benchmarks - show areas of leadership and very good relative performance levels . Business results address most key customer, market, process, and action plan requirements I 5 . Current performance is excellent in most areas of importance to the Far organization's key business requirements Exceeds . Excellent improvement trends and/or sustained excellent performance Standards levels in most areas . Evidence of industry and benchmark leadership demonstrated in many areas . Business results fully address key customer, market, process, and action plan requirements 28 Sunday, February 13, 2005 Naplu lailu rim Agenda Item No. 9K . October 11. 2005 Page 56 of 61 . iI.__.1dg .... . .'Give light and the people wUl find their own way. ' John J. .FIsh PresIdent & Publisher PhIl lewis Willlam H. Blanton . Jeff Lytle Editor " Managlng Edltor Editorial Page ~ .1075 Central Avenue, Naples, Florlda34102 239-26H161 '. COLLIER COUNTY GOVERNMENT We"trust' commission can keep on improving Collier County comnussloners were meeting about lo~g-!angeplaiming the other day when a side. topic "~;P~d County Manager Jhn 'Muddr~t1ected on the past several years and reached a conclusion. ," , They said they have rebuilt public trost " ' Surely they knew their discussion would ,draw public attention - and response. '. .... " Here is ours, and it may surprise: They are right. . , This county leadership truly j.s more trUstworthy than in the past, when selling out the public truSt came to light via Stadium Naples. ,There also were maj6dapses that . seem minor only by comparison. such as the failure'to:.~ collect impact fees from country clubs thatwere offering' free golf to top county officialS. .'. ,.... ...~,:.,::;, Trust is measured too in how the public feelsab6i1t ..: approaching the board to offer comments and .ideas. " Today's board is far, far. more approachable than.rim Constantine, John Norris and Tim Hancock, for example, who ridiculed environmentalists and others whodar'ed question their grossly pro-development sti'ipes. Member,for member,tbis board outshines the boards of the mid-1990s, though Pam Mac'Kie 'stillmerits honorable'mention when compared to Fred Coyle's more detailed approach to business in District 4 today. ..::, Today's commissioners are better at telling the truth - meaning what they say and saying what they mean ""'- though we do not always like the message. . ' . There. are new ethics laws on the books since the . ,~e1atio. ns of Stadi.UIn. Naples. There is more awareness ~ the board and management of what the community sees as right and wrong. They are gun-shy about the public criticism that they know will come when blinds are drawn, corners are cut and personal interests outweigh public works. i ,I i ! , "Th#y 'are m!,re ;wilfuig tQ. acknowledge and ,investigate' ~ongdoing,'as ~th. the 4isDlissal of a promising .youIig , roadplanner,whorchose to invest. for . himself where he . should 'i1iave ".b'een;Cbrtceniratipg "on ~orki~ for. ~~~:~~~:~ ~ce sl1l1'~~:~ tlirspaSt.~~bkw ....: ," commiss},oners b~e,d' atlettingvo,lunteeradvisersand. theirfitnis.seek~.oUriW contracts. It w.aUld have been ,; easie'r for Fr~d Cqyleand,Frarik Halas to.be nice guys, go withthetlow and let ftgojust this once. But no, and their, . votes were enough .to prevail on a "conflict of interest . waiver"tMt needed four of the board'sflve members' approval." "".~>".. '. ': Agaiiist thatbackgrg\ind,it is important to drav(afme line. Past. COmmissions lost public trust by virtue. of an imperial attitude toward 'the.. public:as we.ll as breaking and . bending Ja~sabout' .~onflictsbetween . public' and privat~roles. 'EvenJ~vi~outgoing 'there, this or my, comnussion .~ cOm,proniise.public trust via ~~- ,public policy decisions''';'-Jor example, 'goingaIter prospective employe~;W'po:actuallywas Jalling; gettmg way ahead~f.~eigh~i,fWith a huge disaster ,response headquarters'.in Go14en.-: Gate; taking forever ..:to 'do , . somethiilg as ~imple as '~ffer largerrecyc1ing containers; and ke,epingneighborsguessing about road plans in their , own back yai4s.< ,:,~ ::;',.> .... ': '. ",' . 'Th~re .are step~ the board can take to send trtist~atiIigs . , . off . the :charl,;starting .',with d~livering . on "checkbook . concurrency" t9"keePu'road c~pacities in sync with growth. ',' .,:::,' .:':-\, ,.' . p.9$her tiin~ly~~t-buij,ders: '" ..' . . .... . . . . Fostering'ari,atmosphere, condllcive to. different opinions on citiz~ri advisory boards 7 sboitofmembers suing' thecoUiity.'Ifto@..'~agreementis . the . litmus test, *e,re,:~. .no.rolefot'~~~hboards other than to give comm~sioners\ friends a taste9f power from high- , backed seats."' . . . . ~ee91ng 'more~fClerk of Courts Dwight' Brock's flScalcblifrols'instead Of fighting t:l1e.m: .'. ..... ..... .'. ',' -W~'~elieve:,t1ierei:'are: two"mai11',~parts'. to a conuniSsioner's job. One is to field neighbors' questions ~d~o~pWn~s.. T.hat' .is a strength... of -today's COmmISSIoners. , ,. '.. '. . . The othef is 'to rule ondevelopmellt. There is rooD;l for . lDlprovementtheJ;'e. Trust us.. . ,"1'.. ..;. ! :x::1.()..... 0>0<.0 ,0_ ~l -.orc {g.8a. c:(..) alO Cl <( ..~ ~ i U ." ~ ~. i.....~.I'l'\ . ~ 'i "-' . . 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'4" >- UJ ~ :::> CI) z UJ N l- t) Item Number; Item Summery: Me4ltlnU Oete; Agenda Item No. 9L Oclober 11, 2005 Page 1 017 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS DL RSejUilS! to rl'tGOJ1ildtlr Sonomlll Oilik'f, puO, PUDZ.2(J05--AR.7469 (Commiuiol'lftf Henning) 10/1112u05 ~;l.QO:OO AM Approved B)' 0,,", Jemoll V, Mud'd 6ulIrd of County CC')mmlt;~ionl'l", County Manager CQunty M~I1A~r" Offic:e 10/&I2QOS8:UAM '- Agenda Item No. 9L October 11, 2005 Page 2 of 7 REceIVED COUNTY MANAGER OFFICE OCT - 4 2005 ACTION FILE MEMORAND'UM DATE: October 4, 2005 TO: Jim Mudd, County Manager FROM: Tom Henning Commissioner, District 3 SUBJECT: Sonoma Oaks PUD Reconsideration Per your Memo of September 30, 2005, I am requesting reconsideration by the BCC of the Sonoma Oaks PUD for rezone. Through much thought and including the facts in Commissioner Coyle's letter to Bruce Anderson, it is apparent that the petitioner did not get the opportunity to complete his presentation to the BCC members. I feel we need to afford them what they rightly deserve. Please take the necessary action to bring this item back for reconsideration. Thank you for your assistance. r-:/~ ~ . Tom Henning rr= Commissioner, District 3 TH:mst ,:1 Agenda Item No. 9L October 11, 2005 Page 3 of 7 MEMORANDUM DATE: September 30, 2005 FROM: Commissioner Frank Halas and Commissioner Tom Henning ~ ~ 'If ~ _Lt?/ James V. Mudd, COwltY ~ TO: SUBJECT: Reconsideration of Sonoma Oaks PUD Petition During the September 27, 2005 Board of County Commissioners regular meeting, Agenda Item 8A, the petitioner's request for a rezone to a Mixed Use Planned Unit Development (MPUD) zoning district to be known as Sonoma Oakes PUD failed to obtain the super-majority vote required for approval. The petitioner, in accordance with Collier County Code of Ordinances, Sec. 2-42, has provided the County Manager with a timely written request for the Board's reconsideration of the petition. Only the two Commissioners (Commissioners Halas and Henning) who voted to deny the original petition may request the Board to reconsider the petition. If either Commissioner should move for reconsideration, such must be moved within 15 days of September 30, 2005, more specifically the Board's regular meeting scheduled for October 11,2005. The request for reconsideration should be discussed during the Board's agenda section entitled "Board of County Commissioners Report", Item 9. Additionally should one of the two dissenting Commissioners move for reconsideration, the motion may specify a date certain upon which the petition will be reconsidered. However, such reconsideration may not take place less than 14 days nor more than 30 days from the date the motion is adopted. In consideration of the forgoing. if the Board adopts a motion for reconsideration with a date certain specified, the reconsideration must be heard at the Board's regular meeting on Tuesday, October 25,2005. Ifno date is specified, the County Manager will schedule the reconsideration for December 13, 2005, the fourth regular Board meeting following the meeting at which the motion for reconsideration was adopted.. Please advise should you desire to request the Board to reconsider this issue. Attachments: E-mail ftom Mr. Anderson requesting reconsideration Letter from Commissioner Coyle to Mr. Anderson Extract of Code of Ordinances, Section 2-42 C: Commissioners Coletta, Coyle, and Fiala David Weigel, County Attorney Leo Ochs, Deputy County Manager R. Bruce Anderson /wws , mudd.J Agenda Item No. 9L October 11, 2005 Page 4 of 7 From: Sent: To: Cc: Subject: Anderson, Bruce [BAnderson@ralaw.com] Friday, September 30,20054:14 PM muddj Anderson, Bruce; CoyleFred Request for Reconsideration of Sonoma Oaks PUD High Importance: ~ EJ 09-30-05 Fred Coyle. doc <<09-30-05 Fred Coyle. doc>> Dear County Manager Mudd: This written request for reconsideration is filed pursuant to Section 2-32 of the Collier County Code of Ordinances, to request that the above-referenced PUD application (which failed to receive a super majority approval vote at the Sept 27 County Commission meeting) be placed on the Oct. 11 County Commission agenda for reconsideration. Attached hereto and incorporated by reference herein is a letter I received today from County Commission Chairman Coyle, wherein he acknowledges that he cut us short in making our petitioners' presentation. Among other things, we wanted to present testimony from the County's Transportation staff and to have the opportunity to cross-examine the County's Comprehensive Planning staff, but were denied that right. Should you have any questions or need anything additional, please notify me. Thank you for your attention to this matter. Sincerely, - R. Bruce Anderson Attorney for Petitioners -----Original Message----- From: Denise To: Anderson, Bruce Sent: 9/30/05 5:55 PM Subject: Coyle letter <<09-30-05 Fred Coyle.doc>> 1 5ep 30 05 02128p O./~D/2'OS 1':1' FAX .'17743802 Agenda Item No. 9L October 11, 2005 p. f'age 5 of 7 11I002 '. ~. /J U:..., /~~ .', .f. r . ~ .-~rg..~... . ~o/~~~~Mf 1a01 ~.~Ill"" ......l'IIIllIIlM11t.." . . Cl!I't 7'I''4l187- Fa cz-l7U4llle (#) 0.. AlIa DIIllII:I1 ~H1611 0I0MII2 ,. ...... DIIIItoI S .... w.. Co,le ~.. .. ea.IIa DI*Il:I 5 SepIeaIbc:r 30, 200S Mr. Jkuc:c: ADdaIcm llocacI Ii: ADdrea ISO hrk ShIn ~ 3-' FlOCI' N.,b.PL.34103 ~ ScaaalaPUD ~~. ADdenoD' II: .... come II) my .........kl4, that ~ md JllIl1T c1iClIII.I miaJst IIwe beea ~ I'M oppxtu:aityto 1DIb:.f'tdl~.I...I:OD.t""~_ofCqaal;y~~JID~.~ rl. 200S ~ ..I..g1lJ!~~~'PUp; :~.lJIOIioafbr~ by""-"'-- Pilla md . Sl:DJDlI by ('......Ji~ CaIC&a. Il:i11et1 fiIr tIllS vote 4MD 0itJDcb )OII]J8d .. JUde . . tlODIplete ~~ The Wtc &II !IbortClflho ~llritynqainlct 1br lIpJII'DftI. In dIt iDtl:irat of fiIimess. I 1Jctioon:)101I'" )ID''' dcaerw . x~1Iio4 .. this petIdoa; bowewer.)'OU uaJc,.4-.A that oal1 ClII80fthe two t'!.l.......~;.~ 1ItICiIIa' ItpiDst the 'motion call iDititdc soda . reqaat. ~w.~. Fred W. ~ no....... ~~. District... FWC.~ Agenda Item No. 9L October 11, 2005 Page 6 of 7 - t 2-41 J COLIdER COUNTY CODE motion is made prior to the lUijoumment of the meeting at which the matter waa voted upon. (2) By a motion to reconsider made by a member wbo voted with the mBjori1;y if wch motion is made at a regular meeting BUb- sequent to the meeting at which the matter was voted upon, but only in accordance with the procedures set forth in subsections (b) through (e) of this section. (b) Where a member wishes the board to recon- slder a matter aCt.er the adjournment of the i' '".'-.-1" ", ., meeting at which it was voted on, the member , shall deliver to the county administrator a written memorandum stating that the member intends to introduce a motion to roconsider. The memo- randum shall state the date oftbe regular meeting at which the member intends to introduce 8UCh motion. Rnd shall be delivered to the adminis. t.rator at least six days prior to such meeting. The purpose of this requirement is to allow the stafl'to advise the board oC the legal or other ramifica- - ,ions oC reconsideration. (c) Upon adoption ora motion to reconsider. the county administrator shall place the item on the agenda for the second regular meeting following the meeting at which the motion was adopted. (d) No motion to reconsider shall be made more than 80 days following the board's vote on the matter sought to be reconsidered. (e) This section shall apply to any matters which may lawfully be reconsidered except those mat- ters which are covered by section 2-42. COrd. No. 81-54, ~ 1) E ~ ReaonolderatiOll of 0I0IlI... and comprehensive p~ requests. (a) Applicability. This section applies as Col. lows: v (1) To situations in :which the board of county commi8sioners has denied a request to change the land use desipation of a parcel orland pursuant to the comprehentive land use plan or where the board of county com. missioners has denied a propoeed petition to change the r.oning clasaification on a parcel of land. A request for reconsidera. tion may be made only by the petitioner. (2) To all situations in which the board of county commissiDners, acting in a quasiju. dicial capacity, has denied a license. permit. or other approval. (b) Request for reconsideration.. The petitioner shall request reconsideration oC a petition in writing to the county administrator within 15 days of the date oCthe board's action denying the orig. inal petition. Tlill request shall be jurisdictional. and no motion for reconsideration may be made by any member oCthe board where such a request was untimely except as pr.ovided in subsection (i) of this 'section. (c) Motion for reconsideration. Any member of the board who voted with the Jmi\jority (or in the case or a rezoning, voted against) on the original petition may move Cor a reconsideration oC the petition at any regular meeting oCthe board within 15 days from the date of the request for reconsid. eration. This motion shall be made during that portion of the board's agenda entitled "Board of County Commissioners' Report." If no motion for reconsideration is made during this time period, the request shall be deemed denied. The motion may specify a date certain upon which the peti. tion will be reconsidered, but in no event shall such reconsideration take place le88 than 14 days nor more than 30 days from the date the motion is adop~d.. ." .. Cd) Action on motion for recoruideranon. The board shall either act, on the motion Cor reconsid. eration at the meeting at which such motion is made or may table the motion for no longer than the next regular meeting of the board. If the mo. tion is not fmally acted upon by the acijournment of the next regular meeting of the board after the motion has been made. it shall be deemed to have been deni$<!. (e) Scheduling ofpelition. for- reconsideration. If the motion for reconsideration is granted, the county adminiatrator shall schedule the petition on the agenda for the regular board. meetingwhieh was specified in the motion for reconsideration, or if no date.is specified then on tbe fourth regular OD2:10 Agenda Item No. 9L October 11, 2005 Page 7 of 7 ADMINISTRATION I 2-77 . j '---' board meeting following the meeting a.t which the motion is granted. (0 No hearing or debate on motion for reconsid. eration. A motion for reconsideration shall not re- quire public hearing, and neither the petitioner nor any other person sball have the right to ad. dress the board considering the merits of such a motion. However, the board may request informa- tion of the petitioner, the staff or any other person in order to better inform itself prior to acting upon the motion. The purpose of this provision is to prevent either the petitioner or any other person from debating the merits of the petition prior to its full consideration at a regularly scheduled board meeting where the petition is reconsidered. 'J (g) [Procedures outlined.) The procedures out- lined herein shall not constitute an administra- tive remedy, and the deCense offaUure to exhaust administrative remedies shall not be raised if a petitioner declines to utilize these procedures and instead elects to pursue judicial remedies following the denial of the petition. The time period for seeking judicial relief following denial of those matters contemplated by subsection (a)(2) of this section shall run from the time the board votes on such matter, and a motion hereunder shall not alter such time period. (h) [Initial vote.) Where the initial vote was made after an advertised public hearing, any re- consideration of such vote shall comply with all advertisement and notice provisions that were le- gally required Cor the initial public hearing. ---./' (1) Reconsideration of petitions recently denied. In recognition of the fact that several petitions for which this section would be applicable have re- cently been denied by the board, and in recogni- tion of the fact that the reconsideration of some of these petitions may be meritorious and in the public interest, it is hereby declared that the pro. visions of subsection (b) of this section are hereby waived for any petitions otberwise entitled to re- consideration which have been denied by the board subsequent to May 1, 1981, and prior to October 8, 1981. In lieu ofthe requirements ofsubsection (b), p~titioner8 who are otherwise eligible for re- consideration may request reconsideration in writing no later than 15 days following September 29, 1981. COrd. No. 81-54, t 2; Ord. No. 88-41, t 1) LaDd development code reference-Zonln, amendments, f 2.7.2- State law refenmce-AdopUon or rezoninr ordbumClll, F .B. o 126.66(15). Sees. 2.48-2.65. Reserved. ARTICLE nL OFFICERS AND EMPLOYEES" ":Ww'IE DMSION 1. GENERALLY Sees. 2.68-2.75. Reserved. DMSION 2. COUNTY ADMINISTRATORt Sec. 2-78. Citation. Any reference to "county manager" in this Code or existing or future ordinances, resolutions, min- utes, legal instruments and other documents shall be understood to refer to the "county ad- ministrator," COrd. No. 93-72, t 1) Sec. 2-77. Appointment, qualiftcations, com. pensation and vacancy. (a) The county shall have a county adminis. trator appointed by the board of county commis- . sioners, which officer shall be the administrative head of the county and shall be responsible Cor the administration of all departments of the county government which the board has authority to con. trol pursuant to F.B. ch. 125, pt. m CF.S.1125.70 et seq.), the general laws of Florida, and other applicable legislation. "Crou references-Employee bonelit.s, 0 2-101 at eeq.; per- sonnel, eh. 102. Special act reference-Special acta pertainlnr to officer.e and .mploy.... f 202.156 et uq. State law retereacee-Publlc omcen and employees, F.s. cha. Ill, 112; pneral authority relative to of11cera and em. ployeea, F.B. f 125.01(1)(a). (l)(u), (l)(v). (l)(bb); bondl or county oRlciall, F.B. ch. 187j compensation of county omc:iale. F .8. ch. 145. tBtate law nlereDee-COUnty Adminiltntion Lew or 1974, F.B. f 125.79 at eeq. 002:11 Agenda Item No, 10A October 11, 2005 Page 1 of 13 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A RESOLUTION APPROVING THE 2006 FISCAL YEAR PAY AND CLASSIFICATION PLAN, A GENERAL WAGE ADJUSTMENT (COLA) AND MERIT INCREASE RETROACTIVE TO SEPTEMBER 17, 2005 (THE FIRST PAY DAY OF THE FIRST PAY PERIOD IN FISCAL YEAR 2006) FOR THE OFFICE OF THE COUNTY ATTORNEY. OBJECTIVE: To approve a Resolution approving the 2006 Fiscal Year Pay and Classification Plan, a general wage adjustment (COLA) and merit increase retroactive to September 17, 2005 for the Office of the County Attorney. CONSIDERATIONS: Annually the Board of County Commissioners will be asked to approve the Pay and Classification Plan for the Office of the County Attorney as it does for the County Manager. During the budget process, the Board adopted the FY 2006 budget for the Office of the County Attorney. Included in that budget were all personnel related expenses associated with the Pay and Classification Plan. The Classification and Pay Plan is part of the Resolution and is identified as "Exhibit 1" thereto. The County Attorney has once again opted to go with broadband pay grades for most of his employees instead of grade steps (i. e. Assistant County Attorney I, Assistant County Attorney II, etc.). It should be noted that this plan utilizes the pay grades that are used by the County Manager's agency; however, the County Attorney has incorporated several grades into one to create the broadband effect. During the budget workshops earlier this year, the Board approved 5.65% of the total salary expense for the County Manager employees and the Office of the County Attorney to be allocated for merit, pay plan maintenance, and Cost of Living Adjustment (COLA). Of that 5.65%, it has been recommended that 3.9% be allocated to COLA leaving 1.75% to be allocated to merit and pay plan maintenance. Following the County Manager's lead, it is recommended that the merit funds be allocated as a percentage of the market point identified on the Pay and Classification Plan for the individual positions. It is recommended by the County Attorney that all employees be treated uniformly and that merit funds be allocated to the base salary of the employee. This system represents a fair approach based on performance and position in grade, and by allocating the percentage based on the market point, it slows down movement through the grade as the employee approaches the upper salary range for the position. . -- Agenda Item No.1 OA October 11, 2005 Page 2 of 13 FISCAL IMPACT: The Board has previously approved the Fiscal year 2006 budget for the Office of the County Attorney that included the personnel-related expenses associated with the pay and classification plan. There is no additional fiscal impact. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION: That the Board of County Commissioners adopt a Resolution approving the attached FY 2006 Pay and Classification Plan, a general wage adjustment, pay plan maintenance and merit increase retroactive to September 17, 2005 for the Office of the County Attorney and direct the County Attorney to implement and administer the Plan appropriately. Prepared by: David C. Weigel, County Attorney Item Numblr: I~m Summary: Muting Dlte: Agenda l!em No. 10A October 1" 2005 r>age ~l of 13 COLLIER COUNTY BOARD OF COUNTV COMMISSIONERS 10A ThiS IItlm1u t>e hurd at 1000 a.m, This item was continued flom the Septe-mbsl' 27,2006 Bee MHting Recornmerrdatiol1 that the Board of County COmmlS910ntrl Approve a Rel()lutlon ApprovIMO the 2006 Fllcal Year Pay Bnd Cla$sifu:ation Pllln, 8 Gfm4!traJ Wegt!' Adjustment (COLA) and Merlt Increasl!' lor the Office of thm County AttornllY 10/11tW05 G 00:00 AM Appnwed By Ollvld C, W.IQII County Attorney County Anornay County Attonlev Ottlua "".. 1/16/200fi 3:%0 PM ""'" Appro\'Cd B, OMB CoordInator County Mllne~r's OMee- Actmln'.tratlveA~ll''l.t.llnr Office of Man.geMont & Budoet 113012005 ':34 AM Date Approved By Mlllh...r SmvlcoWIIll1 COLlntyM.nlllgJIr'll OffiCi. M.n..~m..,t & Bud;et Director Offlu of Management & Budge' 8/30/2(1(166:08 PM Dill. ApPro\'ed By Jllmu V. Mudd BQ.llrd of COLmty CommJ$.lanel'$ County M.Ilnlllgttr county ManllgGlf', Offtllll 10/5/2001!4:3:l PM Agenda Item No. 10A October 11, 2005 Page 4 of 13 RESOLUTION NO. 2005-_ A RESOLUTION APPROVING THE 2006 FISCAL YEAR PAY AND CLASSIFICATION PLAN, A GENERAL WAGE ADJUSTMENT (COLA), PAY PLAN MAINTENANCE, AND MERIT INCREASE RETROACTIVE TO SEPTEMBER 17, 2005 (THE FIRST DAY OF THE FIRST PAY PERIOD IN FISCAL YEAR 2006) FOR THE OFFICE OF THE COUNTY ATTORNEY. WHEREAS, it has been the policy of Collier County to establish and administer a system of compensation based on principles of public accountability, extemal competitiveness, internal equity, relative complexity and responsibility between classifications, market economic conditions, County financial policies and appropriate federal, state and local laws pertaining to compensation so as to contribute to an environment conducive to employee motivation and productivity as is referenced, for example, in Ordinance No. 96-40, as amended by Ordinance No. 2001-50; and WHEREAS, for the Office of the County Attorney, the Board of County Commissioners believes this policy may be achieved through a combination of an annual pay and classification plan for employees under the administration of the County Attorney and the approval from time to time, and as appropriate, of general wage adjustments, pay plan maintenance, and merit increases. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The 2005 Fiscal Year Pay and Classification Plan for employees under the administration of the County Attorney, a copy of which is attached hereto as Exhibit 1, is hereby approved and adopted. 2. A general wage adjustment (Le., cost of living adjustment) of 3.9% retroactive to September 17, 2005 for employees under the administration of the County Attorney, as is more particularly described in Exhibit 2 hereto, is approved and adopted. 3. A merit increase retroactive to September 17,2005 for employees under the administration of the County Attorney, as is more particularly described in Exhibit 2 hereto, is hereby approved and adopted, This merit increase is compensation for work to be performed in the fiscal year 2006, although the percentage of increase shall be governed by each employee's most recent performance evaluation prior to October 1, 2005. Agenda Item No, 10A October 11, 2005 Page 5 of 13 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of September, 2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 1 OA October 11, 2005 Page 6 of 13 EXHIBIT 1 Effective 10/1/05 for Fiscal Year 2006 TITLE GRADE MINIMUM MARKET POINT MAXIMUM Chief Assistant County Attornev 36 97,399 110,681 138,351 Assistant County Attorney 33 56,376 94,663 118,329 Leoal Office Administrator 23 51,082 60,097 75,121 Leoal Assistant / Paraleoal 20 39,626 51,912 64,890 Leoal Secretary 17 32,966 44,398 55,498 Leoal Administrative Secretary 13 25,570 35,596 44,823 Agenda Item No. 10A October 11, 2005 Page 7 of 13 EXHIBIT 2 ADMINISTRATIVE GUIDE FOR FY 2005 COMPENSATION PLAN This is the Administrative Guide that is referred to in Section B., 2. of COA Instruction 5341 .L PHILOSOPHY The philosophy of Collier County Government has been to implement and maintain a fairly reasoned compensation plan that other public sector employers strive to model. This plan will enable the County Attorney Office to recruit and retain knowledgeable and skilled employees, which in turn will assist in providing an ongoing level of service to Board of County Commissioners that exceeds expectations. By implementing and maintaining this compensation plan the Board will allow the Office of the County Attorney to continue moving towards the vision of having the best possible employees, which produce high quality results, are creative, proactive and fiscally responsible. 1: GENERAL WAGE ADJUSTMENT The Office of the County Attorney shall continue with a cost of living adjustment (COLA) across the board equivalent to 3.9% of base salary. 3.9% is based on the percentage to be granted to other county employees. The exception to this will be employees who have reached the maximum of their salary ranges. If the employee is below the maximum of the salary range, they will have added to the base salary that amount that brings them to the maximum of the range. Once at the maximum of the range, the remaining balance will be paid out over a period of 26 pay periods with the base salary of the employee not exceeding the maximum of the range. At the end of the 26 pay periods the payments cease and the employee's pay returns to the base salary (maximum of the range). ~ MERIT and PAY PLAN MAINTENANCE The Office of the County Attorney shall continue its practice of giving merit increases based upon individual employee most current performance evaluation scores. The Board approved 5.65% of the total salary expense for the Office of the County Attorney to be allocated for merit, pay plan maintenance, and COLA. Of that 5,65%, Agenda Item No.1 OA October 11. 2005 Page 8 of 13 3.9% shall be allocated to COLA leaving 1.75% to be allocated to merit and pay plan maintenance. The merit funds shall be allocated as a percentage of the market-point of the salary range and added to the base salary for the individual positions. Once at the maximum of the range the remaining balance will be paid out over a period of 26 pay periods with the base salary of the employee not exceeding the maximum of the range. At the end of the 26 pay periods the payments cease and the employee's pay returns to the base salary (maximum of the range). This allocation practice incorporates the County's philosophy of implementing and maintaining a fairly reasoned compensation plan. This plan represents an approach based on performance and recognizes the dedication and institutional knowledge of employees who have been loyal and dedicated to public service. This is a practice the County followed in years' past and appears to be one that improves employee morale by acknowledging I recognizing I valuing long-term service. Experienced employees are often more valuable to the client. Their historical and practical knowledge allow them to achieve solutions and service client needs with greater efficiency, be more creative and better know what legal paths and advice works best for the client. Agenda Item No, 10A October 11. 2005 Page 9 of 13 RESOLUTION NO. 2005-_ A RESOLUTION APPROVING THE 2006 FISCAL YEAR PAY AND CLASSIFICATION PLAN, A GENERAL WAGE ADJUSTMENT (COLA) AND MERIT INCREASE RETROACTIVE TO SEPTEMBER 17, 2005 (THE FIRST DAY OF THE FIRST PAY PERIOD IN FSICAL YEAR 2006), FOR THE OFFICE OF THE COUNTY ATTORNEY. WHEREAS, it has been the policy of Collier County to establish and administer a system of compensation based on principles of public accountability, external competitiveness, internal equity, relative complexity and responsibility between classifications, market economic conditions, County financial policies and appropriate federal, state and local laws pertaining to compensation so as to contribute to an environment conducive to employee motivation and productivity as is referenced, for example, in Ordinance No. 96-40, as amended by Ordinance No. 2001-50; and WHEREAS, for the Office of the County Attorney, the Board of County Commissioners believes this policy may be achieved through a combination of an annual pay and classification plan for employees under the administration of the County Attorney and the approval from time to time, and as appropriate, of general wage adjustments and merit increases. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The 2005 Fiscal Year Pay and Classification Plan for employees under the administration of the County Attorney, a copy of which is attached hereto as Exhibit 1, is hereby approved and adopted. 2. A general wage adjustment (I.e., cost of living adjustment) of 3.9% retroactive to September 17, 2005 for employees under the administration of the County Attorney, as is more particularly described in Exhibit 2 hereto, is approved and adopted. 3. A merit increase retroactive to September 17, 2005 for employees under the administration of the County Attorney, as is more particularly described in Exhibit 2 hereto, is hereby approved and adopted. This merit increase, whether paid as a lump sum or otherwise, depending upon the status of the employee, is compensation for work to be performed in the fiscal year 2006 although the percentage of increase shall be governed by each employee's most recent performance evaluation prior to October 1, 2005. Agenda Item No, 10A October 11, 2005 Page 10 of 13 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of September, 2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item NO.1 OA October 11, 2005 Page 11 of 13 EXHIBIT 1 Effective 10/1/05 for Fiscal Year 2006 TITLE GRADE MINIMUM MARKETPLACE LUMP SUM MAXIMUM MERIT POINT Chief Assistant Countv Attornev 36 97,399 110,681 97,399 138,351 Assistant County Attorney 33 56,376 94,663 90,156 118,329 Legal Office Administrator 23 51,082 60,097 66,107 75.121 Legal Assistant / Paraleaal 20 39,626 51,912 57,1 03 64,890 Legal Secretary 17 32,966 44,398 48,838 55,498 Legal Administrative Secretary 13 25,570 35,596 39,156 44,823 Agenda Item No, 1 OA October 11, 2005 Page 12 of 13 EXHIBIT 2 ADMINISTRATIVE GUIDE FOR FY 2006 COMPENSATION PLAN This is the Administrative Guide that is referred to in Section 8., 2. of COA Instruction 5341 1: PHILOSOPHY The philosophy of Collier County Government has been to implement and maintain a fairly reasoned compensation plan that other public sector employers strive to model. This plan will enable the County Attorney Office to recruit and retain the most knowledgeable and skilled employees available, which in turn will assist in providing an ongoing level of service to Board of County Commissioners that exceeds expectations. By implementing and maintaining this compensation plan the Board will allow the Office of the County Attorney to continue moving towards the vision of having the best possible employees, which produce high quality results, are creative and proactive, and fiscally responsible, ~ GENERAL WAGE ADJUSTMENT The Office of the County Attorney shall continue with a cost of living adjustment (COLA) across the board equivalent to 3.9% of base salary. 3,9% is based on the percentage to be granted to other county employees. The exception to this will be employees who have reached the maximum of their salary ranges. If the employee is below the maximum of the salary range, they will have added to the base salary that amount that brings them to the maximum of the range. Once at the maximum of the range, there will be no additional compensation for fiscal year 2006. J.:. MERIT and PAY PLAN MAINTENANCE The Office of the County Attomey shall continue its practice of giving merit increases based upon individual employee most current performance evaluation scores. The Board approved 5.65% of the total salary expense for the Office of the County Attorney to be allocated for merit and COLA. Of that 5,65%, 3,9% shall be allocated to COLA leaving 1.75% to be allocated to merit and pay plan maintenance. The merit funds shall be allocated as a percentage of the lump sum merit point of the salary range and added to the base salary for the individual positions in grades 13 through 23, Agenda Item No, 10A October 11, 2005 Page 13 of 13 except if an employee is at or above the lump-sum merit point identified on the Pay and Classification Plan for that position. If the employee is below the lump sum merit plan but the full amount of the merit increase would move them above, then they will have added to the base salary that amount that brings them to the lump sum merit point and any additional shall be paid for the fiscal year 2006 in the form of a one-time lump sum bonus. If the employee is above the lump sum merit point, that employee shall receive any merit increase for fiscal year 2006 in the form of a one-time lump sum bonus. Employees in grades 32 and above shall receive any merit increase for fiscal year 2006 in the form of a one-time lump sum bonus. This allocation practice will bring individual employees in the lower half of the salary range up to the market-point of the range in a more rapid manner and will slow the progression of the employees above market-point of the range. This type of system represents a reasoned approach based on performance and position in range, and slows down movement through the pay scale, Agenda Item No. 10B October 11, 2005 Page 1 of 25 e- EXECUTIVE SUMMARY Recommendation to adopt a resolution approving the 2006 Fiscal Year Pay and Classification Plan, providing for a general wage adjustment and merit increase retroactive to September 17, 2005 (the first day of the first pay period in Fiscal Year 2006) and also to continue authorizing the creation of new classifications, modification and/or deletion of classifications and assignment of pay ranges from the proposed 2006 Fiscal Year Pay and Classification Plan, using the existing "Archer" point-factor job evaluation system, for positions below the level of Director, subject to quarterly ratification by the Board of County Commissioners. OBJECTIVE: For the Board of County Commissioners to adopt a Resolution approving the 2006 Fiscal Year Pay and Classification Plan, providing for a general wage adjustment and merit increase retroactive to September 17, 2005 and also to continue authorizing the creation of new job titles, modification of job responsibilities and adjustment of pay ranges from the proposed 2006 Fiscal Year Pay and Classification Plan, using the existing "Archer" point-factor job evaluation system, for positions below the level of director, subject to quarterly ratification by the Board. CONSIDERATION: Attached to the proposed Resolution as Exhibit 1 is the County's 2006 Fiscal Year Pay and Classification Plan. Attached as Exhibit 2 to the proposed Resolution is a more detailed description of the FY 2006 salary adjustments to be effected by the proposed Resolution. The proposed Resolution shall apply to all employees under the administration of the County Manager except those employees under the administration of the County Manager who are also subject to a collective bargaining agreement. Such employees shall continue to be paid and receive increases in accordance with the governing collective bargaining agreement. Collier County has been recognized as one of the fastest growing metropolitan areas in the country. Growth of this magnitude impacts all areas of the County, including its ability to attract and retain high quality employees. To attain this strategic objective, it is essential that base salaries and ranges remain competitive, which was achieved through the Pay and Classification Study conducted in 2001. Through analysis of local market data and the data of other Florida governmental agencies, as well as our ability to attract the best candidates nationally, it has been determined that it is necessary at this time to adjust the marketpoints of pay ranges 17 through 36 as reflected on Exhibits 1 and 2 to the proposed Resolution. In addition the proposed Resolution seeks continued authorization from the Board to create new classifications, modify and/or delete classifications and assign pay ranges, using the existing "Archer" point-factor job evaluation system, for positions below the level of director from the pay ranges set forth in the proposed Fiscal Year 2006 Pay and Classification Plan, subject to quarterly ratification by the Board. "- G:\10-05 Pay Increases\Executive Summary for FY 06 Pay Plan. doc Agenda Item No. 108 October 11, 2005 Page 2 of 25 The County must also consider the issue of longevity and recognize that from time to time it is necessary to pay "above the maximum" of the range associated with a given classification in order to retain an individual who possesses skills and knowledge that are essential to the operation of the County. This will be achieved by paying employees partially or fully in the form of a lump sum merit increase on or before November 03, 2005. In addition, merit increases will be paid fully in a lump sum to all Directors and equivalent positions and to all Division Administrators and will be paid partially or fully to any other employee whose base pay equals or exceeds 110% of the marketpoint. The percentage of the lump sum merit increase will be based upon prior performance; however, the increase will be compensation for work to be performed in Fiscal Year 2006. Employees below 110% of the marketpoint will also be eligible to receive merit increases, which may be partially paid as a lump sum depending upon the position of their salary within the salary range. The proposed Resolution also provides for a general wage adjustment of 3.9% retroactive to September 17, 2005. The details of the general wage adjustment and merit increase are set forth in Exhibit 2 to the proposed Resolution. FISCAL IMPACT: The results of these actions will have a fiscal impact to the County for minimum salary adjustments and will allow for movement within the range consistent with CMA Instruction 5341, Compensation Administration. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDA TION: It is recommended that the Board of Commissioners adopt the proposed Resolution approving the 2006 Fiscal Year Pay and Classification Plan, the general wage adjustment and merit increase, described in Exhibit 2 to the proposed Resolution, retroactive to September 17, 2005 and continue authorizing the creation of new classifications, modification and/or deletion of classifications and assignment of pay ranges, using the existing "Archer" point-factor job evaluation system, for positions below the level of director from the proposed 2006 Pay and Classification Plan, subject to quarterly ratification by the Board. Prepared by: Donald B. Albonesi, Manager - Compensation, Human Resources Department Scott Teach, Manager - Employee/Labor Relations, Human Resources Department G:\10-05 Pay Increases\Executive Summary for FY 06 Pay Plan,doc Item Numb.r: ""m Summary: ~etlng O.te: Agenda ltam No. 106 October ", 2005 Page 3 of 25 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS lOB This item 10 ~ hl'ard 111000 11,111" aJll!lf Hem 10A Ttu& Item continued from the Sltptember :::i. 2005 BCe Meeting Rec:ommer'lclat1on to 9CJopl Ii resolution approving the 200t Fiscal Yflar Pay Bnd Clul'olfic::atlon PIon, providing 1m t.I ge-l1eral wag" adJustme.nt and mer!! Incre8ge retroac..1ive to S.ptambef 17. 2006 (the tlfll day of the flr.t p,y penoe In File.r Yesr 2006) and also to cominue- eu1horizing tr.e crutlon 01 n.w cla.,mc.:ltlon6, modlticltlJof1 andlor Ql!'lehon 01 clanifleallons and lasignment at pay range' hom the propos~d 2006 F~lScal Year Pay and CrltSlillication Plan. (Len PrlClIl. Adl'l1miMrator, Arlmlnlstr.llv~ Sl'HVIQ(tS) 10/11/:20059:00:00 AM Do.. Prepared By Donald Albo~1Il1 Admlnllltrat;ve hrvlc.. ComP4tn"llon Mana9jU Ii uman lie sourc.~ 8f2i12DO$ 3;27:40 PM Hum,." Resourc.," OIr.ct'Of D... 81'0/2006 1~4a "M Appro\'C!.d By J.." Me-rrttt Admlnlstt'lltlve8('rvlcOll: Human RIII.our~, D,1e Approved By LIM GoleN" Prlu Admlnlltrati.... ServjGe<< AdmlnlsuitllvCl S..rvlc.. Admlnl.tr"tor Admlnlllfratlve SGrvlca, Admin. 1/31120018:06 AM Cornpen~.tion M~n/lgor "".. 912/2001510:11 AM Approved B)' DonAld Albonell Adminlsllativ(! SlIIrvlotllll Human Re.ouroe, DIl. Apftro\'ed By OMS Coordlnlltor Courrty MllnllgfJ'r'lI Offtce AdmlnlllulltlVtl A1IlIllltant Office Of' MlInlilgement & Budg.t tm20012:S2PM "".. Approved By Mlchae-l Smyll;owskl Count)' MllIHlp.,'" Ofttce MlJnltga"1ll'nl &. BUdg~t Dlroctor Otrla.. of ManalJement& 61,11:19&1 '112f2001112~52 PM D... Approved B, L<<ro E. Ochl!., Jr. 8011rd orco-unty Con"ninh;ltl.rll D.puty County Ml'lnQger Counl,y ManJlQe"" Office 10,.6/2D06 Z::J2 PM Agenda Item No. 10B October 11 , 2005 Page 4 of 25 FISCAL YEAR 2006 BOARD OF COlliER COUNTY COMMISSIONERS PAY AND CLASSIFICATION PLAN Exhibit 1 GRADE TITLE MIN MKTPT MM b!:!.Mf. 2Y.M .M5B!! fQ!!:!! Blue Plan ~ Non Exempt. Hourly COURIER $8,7450 $10.9313 $13.7649 $12,0244 CUSTODIAN $8.7450 $10.9313 $13.7649 $12.0244 LIBRARY PAGE $8.7450 $10.9313 $13.7649 $12,0244 Exempt. Annual None 2 Non Exempt - Hourly CHILDCARE WORKER $9,1731 $11.4663 $14.4389 $12.6130 INVENTORY CLERK $9.1731 $11.4663 $14.4389 $12,6130 MAIL CLERK $9.1731 $11.4663 $14.4389 $12.6130 PARKS & RECREATION ATTENDANT $9.1731 $11.4663 $14.4389 $12.6130 RECREATION WORKER (SUMMER PROGRAMS) $9.1731 $11.4663 $14.4389 $12.6130 Exempt. Annual None ! Non Exempt - Hourly None Exempt - Annual None Page 1 of 19 Agenda Item No.1 08 October 11,2005 Page 5 of 25 LUMP GRADE !!!b5. M.!ri MKTPT MAX SUM MERIT POINT Z Non Exempt. Hourlv LIFEGUARD $10.1142 $12.6428 $15.9207 $13.9071 PARKS & RECREATION ASSISTANT $10.1142 $12.6428 $15.9207 $13.9071 Exempt. Annual None ~ Non Exempt. Hourlv CUSTOMER SERVICE REPRESENTATIVE $10.6200 $13.2750 $16.7163 $14.6025 LIBRARY ASSISTANT $10.6200 $13.2750 $16.7163 $14.6025 MAINTENANCE WORKER $10.6200 $13,2750 $16.7163 $14.6025 Exempt. Annual None ! Non Exempt. Hourlv AUTOMATED METER READING TECHNICIAN $11 .1 508 $13.9385 $17.5519 $15.3323 FISCAL REPRESENTATIVE $11.1508 $13,9385 $17.5519 $15.3323 SECURITY OFFICER $11 .1508 $13,9385 $17.5519 $15.3323 SHELTER TECHNICIAN $11 . 1508 $13,9385 $17.5519 $15.3323 Exempt. Annual None 1.Q Non Exempt. Hourlv None Exempt - Annual None Page 2 of 19 Agenda Item NO.1 08 October 11 , 2005 Page 6 of 25 ~ GRADE TITLE MIN MKTPT MM ~ MERIT fQlliI 11 Non Exempt - Hourlv EQUIPMENT OPERATOR $12.2935 $15.3668 $19.3505 $16.9035 LABORATORY TECHNICIAN ASSISTANT $12.2935 $15,3668 $19.3505 $16.9035 PARTS CLERK $12.2935 $15,3668 $19.3505 $16.9035 PLANT OPERATOR, TRAINEE $12.2935 $15,3668 $19.3505 $16.9035 SERVICE WRITER $12.2935 $15.3668 $19.3505 $16.9035 TRAFFIC SIGN TECHNICIAN $12.2935 $15.3668 $19.3505 $16.9035 TRANSPORTATION COORDINATOR $12.2935 $15.3668 $19.3505 $16.9035 VETERINARIAN TECHNICIAN $12.2935 $15.3668 $19,3505 $16.9035 Exempt - Annual None g Non Exempt - Hourlv AUTOMATED METER READING & REPAIR TECH $13.0385 $16.2981 $20.5236 $17.9279 BUILDING AUTOMATION TECHNICIAN $13.0385 $16.2981 $20.5236 $17.9279 CASE MANAGER ASSISTANT $13.0385 $16.2981 $20.5236 $17.9279 CUSTOMER SERVICE SPECIALIST $13.0385 $16.2981 $20.5236 $17.9279 FLEET SERVICES TECHNICIAN $13.0385 $16.2981 $20.5236 $17.9279 LIBRARY ASSOCIATE $13.0385 $16.2981 $20.5236 $17.9279 MUSEUM ASSISTANT $13.0385 $16.2981 $20.5236 $17.9279 PARKS & RECREATION PROGRAM LEADER $13.0385 $16.2981 $20.5236 $17,9279 SECURITY SERGEANT $13.0385 $16.2981 $20.5236 $17.9279 SOLID WASTE SPECIALIST $13.0385 $16.2981 $20.5236 $17.9279 UTILITY TECHNICIAN $13.0385 $16.2981 $20.5236 $17.9279 Exempt. Annual 4-H OUTREACH COORDINATOR $27,120 $33,900 $42,689 $37,290 31- Non Exempt - Hourly ADMINISTRATIVE SECRETARY $13.6904 $17.1135 $21.5495 $18.8248 EQUIPMENT OPERATOR, SENIOR $13.6904 $17.1135 $21.5495 $18.8248 FISCAL TECHNICIAN $13.6904 $17.1135 $21.5495 $18.8248 GRAPHICS TECHNICIAN $13.6904 $17,1135 $21,5495 $18.8248 LIBRARY TECHNOLOGY SPECIALIST $13.6904 $17 .11 35 $21.5495 $18.8248 Page 3 of 19 Agenda Item NO.1 08 October 11 , 2005 Page 7 of 25 LUMP GRADE I.!.Ib5. M!!:! MKTPT MAX SUM MERIT POINT .31 Non Exempt - Hourlv Ccon't} MAINTENANCE SPECIALIST $13.6904 $17.1135 $21.5495 $18.8248 PARK RANGER $13.6904 $17.1135 $21 .5495 $18.8248 PERMITTING TECHNICIAN $13.6904 $17 .1135 $21.5495 $18.8248 PLANT OPERATOR $13,6904 $17.1135 $21 .5495 $18.8248 TRADESWORKER, APPRENTICE $13,6904 $17.1135 $21 .5495 $18.8248 VOLUNTEER COORDINATOR $13.6904 $17.1135 $21 .5495 $18.8248 Exempt - Annual None ~ Non Exempt - Hourlv ANIMAL CONTROL OFFICER $14.3754 $17.9692 $22.6274 $19.7662 CODE ENFORCEMENT INVESTIGATOR $14.3754 $17.9692 $22.6274 $19.7662 CONTRACTS TECHNICIAN $14.3754 $17 .9692 $22.6274 $19.7662 CREW LEADER $14.3754 $17.9692 $22.6274 $19.7662 GRAPHICS TECHNICIAN, SENIOR $14.3754 $17.9692 $22.6274 $19.7662 HUMAN RESOURCES TECHNICIAN $14.3754 $17.9692 $22.6274 $19.7662 IMPACT FEE SPECIALIST $14.3754 $17.9692 $22.6274 $19.7662 PURCHASING TECHNICIAN $14.3754 $17.9692 $22.6274 $19.7662 SUPERVISOR - ROAD MAl NT. WAREHOUSE $14.3754 $17.9692 $22.6274 $19.7662 TRAFFIC SIGNAL TECHNICIAN $14,3754 $17.9692 $22.6274 $19.7662 Exempt. Annual R S V P COORDINATOR $29,901 $37,376 $47,065 $41 ,114 .1! Non Exempt. Hourlv ADMINISTRATIVE ASSISTANT $15.0942 $18.8678 $23.7596 $20.7546 ASSISTANT RECYCLING COORDINATOR $15.0942 $18.8678 $23.7596 $20.7546 CITIZEN LIAISON $15.0942 $18.8678 $23.7596 $20.7546 CREW LEADER, SENIOR $15.0942 $18.8678 $23.7596 $20.7546 EMERGENCY MANAGEMENT TECHNICIAN $15.0942 $18.8678 $23.7596 $20.7546 Page 4 of 19 Agenda Item No.1 08 October 11, 2005 Page 8 of 25 LUMP GRADE !!Ib& MIN MKTPT ~ SUM M5R!I fQ!!i! j! Non ExemDt . Hourlv Icon't) EMS SUPPLY CENTER SPECIALIST $15,0942 $18.8678 $23.7596 $20.7546 FEMA COORDINATOR $15,0942 $18.8678 $23.7596 $20.7546 GRANTS SUPPORT SPECIALIST $15.0942 $18.8678 $23.7596 $20.7546 HEAVY EQUIPMENT OPERATOR $15,0942 $18.8678 $23.7596 $20.7546 HUD GRANT ANALYST $15.0942 $18.8678 $23.7596 $20.7546 LABORATORY TECHNICIAN $15.0942 $18.8678 $23.7596 $20.7546 LICENSING COMPLIANCE OFFICER $15,0942 $18.8678 $23,7596 $20.7546 MANAGER - PARTS $15.0942 $18.8678 $23.7596 $20.7546 NETWORK SPECIALIST $15.0942 $18.8678 $23,7596 $20.7546 PARKS & RECREATION PROGRAM LDR, SENIOR $15.0942 $18.8678 $23.7596 $20.7546 PLANNING TECHNICIAN $15.0942 $18.8678 $23.7596 $20.7546 PRETREATMENT INSPECTOR $15.0942 $18.8678 $23.7596 $20.7546 RISK TECHNICIAN $15.0942 $18.8678 $23.7596 $20.7546 SCADA OPERATOR $15.0942 $18.8678 $23,7596 $20.7546 SHIP LOAN PROCESSOR $15.0942 $18.8678 $23.7596 $20.7546 TELECOMMUNICATIONS ANALYST $15.0942 $18.8678 $23.7596 $20.7546 TOURISM ADMINISTRATIVE ASSISTANT $15.0942 $18.8678 $23,7596 $20.7546 TRADESWORKER, JOURNEYMAN $15.0942 $18,8678 $23.7596 $20.7546 ExemDt. Annual ADMINISTRATIVE SUPERVISOR $31 ,396 $39,245 $49,420 $43,170 ASSISTANT REUSE COORDINATOR $31 ,396 $39,245 $49,420 $43,170 12 Non ExemDt - Hourlv ACCOUNTING TECHNICIAN $15.8488 $19.8111 $24.9471 $21.7922 ADMINISTRATIVE AIDE TO THE BCC $15.8488 $19.8111 $24.9471 $21.7922 ADMINISTRATIVE ASSISTANT, SENIOR $15.8488 $19.8111 $24.9471 $21.7922 CODE ENFORCEMENT INVESTIGATOR, SENIOR $15.8488 $19.8111 $24.9471 $21.7922 ENGINEERING TECHNICIAN $15.8488 $19.8111 $24.9471 $21.7922 EXECUTIVE SECRETARY $15.8488 $19.8111 $24.9471 $21.7922 FACILITIES COMPLIANCE OFFICER $15.8488 $19.8111 $24.9471 $21.7922 GIS TECHNICIAN $15.8488 $19.8111 $24,9471 $21.7922 HUMAN RESOURCES TECHNICIAN, SENIOR $15,8488 $19.8111 $24.9471 $21.7922 INSTRUMENTATION/ELECTRICAL TECHNICIAN $15.8488 $19.8111 $24.9471 $21.7922 LIBRARY OUTREACH SPECIALIST $15.8488 $19.8111 $24.9471 $21,7922 ODOR CONTROL SPECIALIST $15.8488 $19.8111 $24.9471 $21.7922 OPERATIONS COORDINATOR $15.8488 $19.8111 $24.9471 $21.7922 PLANT MECHANIC $15,8488 $19.8111 $24.9471 $21.7922 Page 5 of 19 Agenda Item No.1 OB October 11 , 2005 Page 9 of 25 LUMP GRADE TITLE M!.t! MKTPT MM SUM MERIT POINT j! Non Exempt. Hourlv (con't) PLANT OPERATOR, SENIOR $15.8488 $19.8111 $24.9471 $21.7922 PROPERTY ACQUISITION SPECIALIST $15.8488 $19.8111 $24.9471 $21.7922 PUBLIC INFORMATION SPECIALIST $15.8488 $19.8111 $24.9471 $21.7922 WELL DRilLING INSPECTOR $15.8488 $19.8111 $24.9471 $21.7922 Exempt. Annual LIBRARY OPERATIONS COORDINATOR $32,966 $41,207 $51 ,890 $45,328 SPECIAL EVENTS COORDINATOR $32,966 $41,207 $51.890 $45,328 Page 6 of 19 Agenda Item No. 10B October 11 , 2005 Page 10 of 25 ~ LUMP SUM MERIT POINT GRADE !!!bE. M!!! MKTPT White Plan II Non Exempt - Hourlv BENEFITS ANALYST $18.1433 $21.3452 $26.6817 $23.4798 HOUSING OUTREACH COORDINATOR $18.1433 $21.3452 $26.6817 $23.4 798 HRIS COORDINATOR $18.1433 $21,3452 $26.6817 $23.4798 PROPERTY MAINTENANCE SPECIALIST $18,1433 $21,3452 $26,6817 $23.4798 TRADESWORKER,MASTER $18.1433 $21,3452 $26.6817 $23.4798 Exempt - Annual FIELD SUPERVISOR $37,738 $44,398 $55,498 $48,838 LIBRARIAN $37,738 $44,398 $55,498 $48,838 MUSEUM CURATOR - COLLECTIONS $37,738 $44,398 $55,498 $48,838 MUSEUM CURATOR - EDUCATION $37,738 $44,398 $55,498 $48,838 PARK RANGER, SENIOR $37,738 $44,398 $55,498 $48,838 PARKS SPECIAL POPULATIONS COORDINATOR $37,738 $44,398 $55,498 $48,838 RECYCLING SPECIALIST $37,738 $44,398 $55,498 $48,838 SUPERVISOR - LICENSING COMPLIANCE $37,738 $44,398 $55,498 $48,838 SUPERVISOR - PARKS PROGRAMS $37,738 $44,398 $55,498 $48,838 1! Non Exempt. Hourlv AUTOMOTIVE TECH, PRINCIPAL $19,0510 $22.4130 $28.0163 $24.6543 BUILDING INSPECTOR $19.0510 $22.4130 $28.0163 $24.6543 ENGINEERING INSPECTOR $19,0510 $22.41 30 $28.0163 $24.6543 EXECUTIVE AIDE TO THE BCC $19.0510 $22.4130 $28.0163 $24.6543 EXECUTIVE ASSISTANT $19.0510 $22.4130 $28.0163 $24.6543 EXECUTIVE SECRETARY TO THE COUNTY MGR $19.0510 $22.4130 $28.0163 $24.6543 HOME REHABILITATION SPECIALIST $19.0510 $22.4130 $28.0163 $24.6543 INSTRUMENTATION/ELECTRICAL TECH, SENIOR $19,0510 $22.4130 $28.0163 $24,6543 PLANS REVIEWER - SIGNS $19,0510 $22.4130 $28,0163 $24.6543 Exempt - Annual -ASSISTANT MANAGER - MUSEUM $39,626 $46,619 $58,274 $51,281 CABLE FRANCHISE COORDINATOR $39.626 $46,619 $58,274 $51,281 Page 7 of 19 Agenda Item No. 10B October 11, 2005 Page 11 of 25 LUMP GRADE !!1:!& Mlli MKTPT MM SUM MERIT POINT j! Exempt - Annual (con't) CASE MANAGER $39,626 $46,619 $58,274 $51,281 CHEMIST $39,626 $46,619 $58.274 $51,281 EDITOR/VIDEOGRAPHER $39,626 $46,619 $58,274 $51,281 EMS COMPLIANCE SPECIALIST $39,626 $46,619 $58,274 $51,281 ENVIRONMENTAL SPECIALIST $39,626 $46,619 $58,274 $51,281 FIELD SUPERVISOR, SENIOR $39,626 $46,619 $58,274 $51,281 FILM AND ENTERTAINMENT INDUSTRY LIAISON $39,626 $46,619 $58,274 $51,281 LIBRARIAN, SENIOR $39,626 $46,619 $58,274 $51,281 PLANNER $39,626 $46,619 $58.274 $51,281 PROPERTY ACQUISITION SPECIALIST, SENIOR $39,626 $46,619 $58,274 $51,281 PROPERTY MANAGEMENT SPECIALIST $39.626 $46,619 $58,274 $51,281 PUBLIC INFORMATION COORDINATOR $39,626 $46.619 $58,274 $51,281 PURCHASING AGENT $39,626 $46,619 $58,274 $51,281 SECURITY LIEUTENANT $39,626 $46,619 $58,274 $51,281 SUPERVISOR. OPERATIONS $39,626 $46,619 $58,274 $51,281 VETERAN SERVICES OFFICER $39,626 $46,619 $58,274 $51,281 19 Non Exempt. Hourlv PLANS REVIEWER $20.2245 $23,7933 $29.7418 $26.1726 SUPERVISOR - ANIMAL CONTROL $20.2245 $23.7933 $29.7418 $26.1726 SUPERVISOR - LANDFILL OPERATIONS $20.2245 $23.7933 $29.7418 $26.1726 TECHNICAL SUPPORT PROFESSIONAL $20.2245 $23.7933 $29.7418 $26.1726 Exempt - Annual ACCOUNTANT $42,067 $49,490 $61 ,863 $54,439 CAD TECHNICIAN $42,067 $49,490 $61,863 $54,439 COMPENSATION ANALYST $42,067 $49,490 $61,863 $54,439 ENVIRONMENTAL SPECIALIST, SENIOR $42,067 $49,490 $61 ,863 $54,439 EXTENSION AGENT $42,067 $49,490 $61,863 $54,439 HUMAN RESOURCES GENERALIST $42,067 $49,490 $61,863 $54,439 IMPACT FEE ANALYST $42,067 $49,490 $61,863 $54,439 LABORATORY QUALITY ASSURANCE SPECIALIST $42,067 $49,490 $61,863 $54,439 MANAGEMENT/BUDGET ANALYST $42,067 $49,490 $61,863 $54,439 OPERATIONS ANALYST $42,067 $49,490 $61,863 $54,439 REVIEW APPRAISER $42,067 $49,490 $61,863 $54,439 RIGHT OF WAY COORDINATOR $42,067 $49,490 $61 ,863 $54,439 RISK ANALYST $42,067 $49,490 $61,863 $54,439 SAFETY COORDINATOR $42,067 $49,490 $61 ,863 $54,439 SHIP PROGRAM COORDINATOR $42,067 $49,490 $61 ,863 $54,439 Page 8 of 19 Agenda Item No. 10B October 11,2005 Page 12 of 25 LUMP GRADE TITLE MIN MKTPT MAX ~ M.5B!.! eQlliI .1! Exempt - Annual (con't) SUPERVISOR - ATHLETICS $42,067 $49,490 $61,863 $54,439 SUPERVISOR - AUTOMATED METER OPS $42,067 $49,490 $61 ,863 $54,439 SUPERVISOR - CODE ENFORCEMENT $42,067 $49,490 $61,863 $54,439 SUPERVISOR - COMMUNITY CENTERS $42,067 $49,490 $61,863 $54,439 SUPERVISOR - EMS SUPPLY CENTER $42,067 $49,490 $61 ,863 $54,439 SUPERVISOR - PERMITTING $42,067 $49,490 $61 ,863 $54,439 SUPERVISOR - REVENUE $42,067 $49,490 $61,863 $54,439 TOURISM SALES COORDINATOR $42,067 $49,490 $61,863 $54,439 TOURIST DEVELOPMENT TAX COORDINATOR $42,067 $49,490 $61 ,863 $54,439 TRAINING COORDINATOR $42,067 $49,490 $61 ,863 $54,439 WELLNESS NURSE $42,067 $49,490 $61,863 $54,439 ~ Non Exempt. Hourlv None Exempt - Annual ACCOUNTANT, SENIOR $44,125 $51,912 $64,890 $57,103 ASSOCIATE DATABASE ADMINISTRATOR $44,125 $51,912 $64,890 $57,103 HUD GRANT COORDINATOR $44,125 $51,912 $64,890 $57,103 IMPACT FEE COORDINATOR $44,125 $51,912 $64,890 $57,103 OCCUPATIONAL HEALTH NURSE $44,125 $51,912 $64,890 $57,103 PLANNER, SENIOR $44,125 $51,912 $64,890 $57,103 PROPERTY MANAGEMENT SPECIALIST, SENIOR $44,125 $51,912 $64,890 $57,103 PUBLIC RELATIONS SPECIALIST - TOURISM $44,125 $51,912 $64,890 $57,103 REAL ESTATE APPRAISER $44,125 $51,912 $64,890 $57,103 RECYCLING COORDINATOR $44,125 $51,912 $64,890 $57,103 SAFETY ENGINEER $44,125 $51,912 $64,890 $57,103 SUPERVISOR - BUILDING AUTOMATION CENTER $44,125 $51,912 $64.890 $57,103 SUPERVISOR - ENGINEERING INSPECTIONS $44,125 $51,912 $64,890 $57,103 SUPERVISOR - FLEET MAINTENANCE $44,125 $51,912 $64,890 $57,103 SUPERVISOR - HUMAN SERVICES GRANTS $44,125 $51,912 $64,890 $57,103 SUP'V - ROAD MAINT, CONTRACTS AND PROJECT $44,125 $51,912 $64,890 $57,103 WEBMASTER $44,125 $51,912 $64,890 $57,103 Page 9 of 19 Agenda Item No. 108 October 11 , 2005 Page 13 of 25 LUMP GRADE !!IbS M.!1:i MKTPT ~ SUM MERIT POINT ~ Non Exemot . Hourlv TECHNICAL SUPPORT PROFESSIONAL, SENIOR $22.2760 $26.2067 $32.7587 $28.8274 Exemot. Annual APPLICATIONS ANALYST $46,334 $54,510 $68,138 $59,961 CONTRACTS SPECIALIST $46,334 $54,510 $68.138 $59.961 ENVIRONMENTAL SPECIALIST, PRINCIPAL $46,334 $54,510 $68,138 $59,961 EXTENSION AGENT, SENIOR $46,334 $54.510 $68,138 $59,961 LANDSCAPE ARCHITECT $46,334 $54,510 $68,138 $59,961 MANAGER - BRANCH LIBRARY $46,334 $54,510 $68,138 $59,961 MANAGER - CODE ENFORCEMENT OPERATIONS $46.334 $54,510 $68,138 $59,961 MANAGER - MUSEUM $46,334 $54,510 $68,138 $59.961 MANAGER - TELEVISION OPERATIONS $46,334 $54,510 $68,138 $59,961 OPERATIONS ANALYST, SENIOR $46,334 $54,510 $68,138 $59,961 PROGRAMMER ANALYST $46,334 $54,510 $68.138 $59,961 PUBLIC AFFAIRS OFFICER $46,334 $54,510 $68,138 $59,961 REVIEW APPRAISER, SENIOR $46,334 $54,510 $68,138 $59,961 SUPERVISOR - BUILDING MAINTENANCE $46,334 $54,510 $68,138 $59,961 SUPERVISOR - CASE MANAGEMENT $46,334 $54,510 $68,138 $59,961 SUPERVISOR - FLEET OPERATIONS $46,334 $54,510 $68,138 $59,961 SUPERVISOR. GIS/CAD $46,334 $54,510 $68,138 $59,961 SUPERVISOR - LABORATORY $46,334 $54,510 $68,138 $59,961 SUPERVISOR - LIBRARY $46,334 $54,510 $68,138 $59,961 SUPERVISOR - RECREATION $46,334 $54,510 $68,138 $59,961 SUPERVISOR - VEGETATION MANAGEMENT $46,334 $54,510 $68,138 $59,961 URBAN DESIGN PLANNER $46,334 $54,510 $68,138 $59,961 ~ Non Exemot . Hourlv FIELD ENGINEERING INSPECTOR $23.3894 $27.5168 $34.3962 $30.2688 Exemot. Annual CHIEF BUILDING INSPECTOR $48,650 $57,235 $71,544 $62,959 DATABASE PROGRAMMER $48,650 $57,235 $71,544 $62,959 ENGINEER $48,650 $57,235 $71,544 $62,959 Page 10 of 19 Agenda Item No. 10B October 11, 2005 Page 14 of 25 GRADE !!JY. M!!:! MKTPT MAX ~ SUM M5B!! ~ Exempt - Annual ( con'U POINT GIS PROGRAMMER ANALYST, SENIOR $48,650 $57,235 $71,544 $62,959 GRANTS DEVELOPMENT & MGMT COORDINATOR $48,650 $57,235 $71,544 $62,959 LAND SURVEYOR $48,650 $57,235 $71 ,544 $62,959 LIBRARY AUTOMATION SPECIALIST $48,650 $57,235 $71,544 $62,959 MANAGEMENT/BUDGET ANALYST, SENIOR $48,650 $57,235 $71,544 $62,959 MANAGER - CAREER DEVELOPMENT & TRAINING $48,650 $57,235 $71,544 $62,959 MANAGER - EMPLOYMENT OPERATIONS $48,650 $57,235 $71,544 $62,959 MANAGER - ENVIRONMENTAL COMPLIANCE $48,650 $57,235 $71,544 $62,959 MANAGER - FED/STATE GRANTS ADMIN $48,650 $57,235 $71,544 $62,959 MANAGER - FED/STATE GRANTS OPERATIONS $48,650 $57,235 $71,544 $62,959 MANAGER-GROUP INSURANCE $48,650 $57,235 $71,544 $62,959 MANAGER - OCCUPATIONAL HEALTH & SAFETY $48,650 $57,235 $71,544 $62,959 MANAGER - PARK OPERATIONS $48,650 $57,235 $71,544 $62,959 MANAGER - PROPERTY ACQUISITION & SALES $48,650 $57,235 $71,544 $62,959 MANAGER - REGULATION/OPERATIONS - CDES $48,650 $57,235 $71,544 $62,959 MANAGER-REVENUE $48,650 $57,235 $71,544 $62,959 MANAGER - RISK $48,650 $57,235 $71,544 $62,959 MANAGER - SHELTER OPERATIONS $48,650 $57,235 $71,544 $62,959 MANAGER - SOLID WASTE OPERATIONS $48,650 $57,235 $71,544 $62,959 MANAGER - WASTE REDUCTION AND RECYCLING $48,650 $57,235 $71,544 $62,959 MANAGER - WASTEWATER RECYCLING $48,650 $57,235 $71,544 $62,959 MANAGER - WELLNESS PROGRAMS $48,650 $57,235 $71,544 $62,959 NETWORK ENGINEER $48,650 $57,235 $71,544 $62,959 PLANNER, PRINCIPAL $48,650 $57,235 $71,544 $62,959 PROJECT MANAGER $48,650 $57,235 $71,544 $62,959 SENIOR SUPERVISOR - LIBRARY $48,650 $57,235 $71,544 $62,959 SIGNAL SYSTEMS NETWORK ENGINEER $48,650 $57,235 $71,544 $62,959 SUPERVISOR - ACCOUNTING $48,650 $57,235 $71,544 $62,959 SUPERVISOR - RECLAIMED WATER $48,650 $57,235 $71,544 $62,959 ~ Non Exempt - Hourlv None Exempt - Annual ASSISTANT TO THE COUNTY MANAGER $51,082 $60,097 $75,121 $66,107 EMERGENCY MANAGEMENT COORDINATOR $51,082 $60,097 $75,121 $66,107 EXECUTIVE MANAGER TO THE BCC $51,082 $60,097 $75,121 $66,107 Page 11 of 19 MANAGER - CONTRACTS ADMINISTRATION $51,082 Page 12 of 19 $60,097 $75,121 Agenda Item No. 108 October 11 , 2005 Page 15 of 25 $66,107 Agenda Item NO.1 OB October 11, 2005 Page 16 of 25 GRADE !!.II& MIN MKTPT MAX !:YMe ~ MERIT n Exempt- Annual (can't) fQlli! MANAGER - PELICAN BAY SERVICES $51,082 $60,097 $75,121 $66,107 MANAGER - PUBLIC TRANSIT $51 ,082 $60,097 $75,121 $66,107 MANAGER - PURCHASING ACQUISITIONS $51,082 $60,097 $75,121 $66,107 MANAGER - PURCHASING OPERATIONS $51,082 $60,097 $75,121 $66,107 MANAGER - TELECOMMUNICATIONS $51,082 $60,097 $75,121 $66,107 NETWORK SECURITY ADMINISTRATOR $51,082 $60,097 $75,121 $66,107 SUPERVISOR - FIELD ENGINEERING INSPECTION: $51,082 $60,097 $75,121 $66,107 ~ Non Exempt. Hourlv None Exempt- Annual DATABASE ADMINISTRATOR $53,637 $63,102 $78,878 $69,412 ENGINEER, SENIOR $53,637 $63,102 $78,878 $69,412 MANAGER - AIRPORT $53,637 $63,102 $78,878 $69,412 MANAGER - COMPENSATION $53,637 $63,102 $78,878 $69,412 MANAGER-COMPUTER SUPPORT $53,637 $63,102 $78,878 $69,412 MANAGER - GRANTS AND HOUSING $53,637 $63,102 $78,878 $69,412 MANAGER - IMPACT FEES/ECONOMIC DEVEL, $53,637 $63,102 $78,878 $69,412 MANAGER - LABOR & EMPLOYEE RELATIONS $53,637 $63,102 $78,878 $69,412 MANAGER - MPO $53,637 $63,102 $78,878 $69,412 MANAGER - OPERATIONS SUPPORT - CDES $53,637 $63,102 $78,878 $69,412 MANAGER - PARK MAINTENANCE $53,637 $63,102 $78,878 $69,412 MANAGER - RECREATION $53,637 $63,102 $78,878 $69,412 REGIONAL MANAGER - PARKS & RECREATION $53,637 $63,102 $78,878 $69,412 SECURITY CHIEF $53,637 $63,102 $78,878 $69,412 SENIOR MANAGEMENT AND OPS CONSULTANT $53,637 $63,102 $78,878 $69,412 ~ Non Exempt. Hourlv None Exempt - Annual EMS ADMINISTRATIVE CAPTAIN $56,376 $66,325 $82,906 $72,958 MANAGER - BUSINESS APPLICATIONS $56,376 $66,325 $82,906 $72,958 MANAGER - GEOGRAPHICAL INFORMATION SYST $56,376 $66,325 $82,906 $72,958 MANAGER - LANDSCAPE OPERATIONS $56,376 $66,325 $82,906 $72,958 MANAGER - LIBRARY EXTENSION SERVICES $56,376 $66,325 $82,906 $72,958 Page 13 of 19 Agenda Item No, 108 October 11 , 2005 Page 17 of 25 - GRADE IlD:5. M.!!:! MKTPT M!! LUMP SUM MERIT ~ Exemot . Annuallcon't) POINT MANAGER - PARKS-BEACHIWATER $56,376 $66,325 $82,906 $72,958 MANAGER - PLANNING $56,376 $66,325 $82,906 $72,958 MANAGER - RIGHT OF WAY $56,376 $66,325 $82,906 $72,958 MANAGER-SCADA $56,376 $66,325 $82,906 $72,958 MANAGER - TRAFFIC OPERATIONS $56,376 $66,325 $82,906 $72,958 MANAGER - WASTEWATER COLLECTION $56,376 $66,325 $82,906 $72,958 MANAGER - WATER DISTRIBUTION $56,376 $66,325 $82,906 $72,958 PLANT MANAGER $56,376 $66,325 $82,906 $72,958 PROJECT MANAGER, SENIOR $56,376 $66,325 $82,906 $72,958 SUPERINTENDENT - ROADS & BRIDGES $56,376 $66,325 $82,906 $72,958 ~ Non Exemot . Hourlv None Exemot - Annual ASSISTANT DIRECTOR - LIBRARY $59,135 $69,570 $86,963 $76,527 ASSISTANT DIRECTOR - PARKS & RECREATION $59,135 $69,570 $86,963 $76,527 ASSISTANT FIRE CHIEF - ISLE OF CAPRI $59,135 $69,570 $86,963 $76,527 EMS BATTALION CHIEF $59,135 $69,570 $86,963 $76,527 EMS CAPTAIN $59,135 $69,570 $86,963 $76,527 MANAGER - ENGINEERING REVIEW SERVICES $59,135 $69,570 $86,963 $76,527 MANAGER - FACILITIES $59,135 $69,570 $86,963 $76,527 MANAGER -INFORMATION SYSTEMS DEVELOPME $59,135 $69,570 $86,963 $76,527 MANAGER - NETWORK OPERATIONS $59,135 $69,570 $86,963 $76,527 MANAGER - OPERATIONS - WATERIWASTEWATEF $59,135 $69,570 $86,963 $76,527 MANAGER - REVENUE SERVICES $59,135 $69,570 $86,963 $76,527 II Non Exemot - Hourlv None ExemDt. Annual CHIEF PILOT $62,091 $73,048 $91,310 $80,353 ENGINEER - TRAFFIC OPERATIONS $62,091 $73,048 $91,310 $80,353 MANAGER - FLIGHT OPERATIONS TRAINING $62,091 $73,048 $91,310 $80,353 PROJECT MANAGER, PRINCIPAL $62,091 $73,048 $91,310 $80,353 ~ Non ExemDt . Hourlv SUPERVISOR - AIRCRAFT MAINTENANCE $31.3442 $36.8755 $46.0942 $40.5630 Page 14 of 19 Agenda Item No. 108 October 11, 2005 Page 18 of 25 LUMP GRADE TITLE MJ!! MKTPT MAX ~ .MSB!I eQlliI ~ Exempt - Annual EMS DIVISION CHIEF $65,196 $76,701 $95,876 $84,371 MANAGER - PROPERTY ACQUISITION & CONST MI $65,196 $76,701 $95,876 $84,371 SHELTER VETERINARIAN $65,196 $76,701 $95,876 $84,371 Page 15 of 19 Agenda Item No. 10B October 11, 2005 Page 19 of 25 LUMP GRADE !!!I::E MIN MKTPT MAX SUM MERIT POINT Red Plan ~ Non Exempt. Hourlv None Exempt - Annual DIRECTOR - DOMESTIC ANIMAL SERVICES $69,150 $78,580 $98,225 $69,150 DIRECTOR - FLEET MANAGEMENT $69,150 $78,580 $98,225 $69,150 DIRECTOR - HUMAN SERVICES $69,150 $78,580 $98,225 $69,150 DIRECTOR - MUSEUM $69,150 $78,580 $98,225 $69,150 DIRECTOR - NATURAL RESOURCES $69,150 $78,580 $98,225 $69,150 DIRECTOR - TOURISM $69,150 $78,580 $98,225 $69,150 DIRECTOR - UNIVERSITY EXTENSION SVCS. $69,150 $78,580 $98,225 $69,150 DIRECTOR - VETERAN SERVICES $69,150 $78,580 $98,225 $69,150 FIRE CHIEF $69,150 $78,580 $98,225 $69,150 ~ Non Exempt. Hourlv None Exempt. Annual DIRECTOR - AL T. TRANSPORTATION MODES $72,681 $82,592 $103,240 $72,681 DIRECTOR - CDES ENGINEERING SERVICES $72,681 $82,592 $103,240 $72,681 DIRECTOR - CDES FINANCIAL ADMIN & HOUSING $72,681 $82,592 $103,240 $72,681 DIRECTOR - CDES OPERATIONS $72,681 $82,592 $103,240 $72,681 DIRECTOR - CODE ENFORCEMENT $72,681 $82,592 $103,240 $72,681 DIRECTOR - COMMUNICATION & CUST. RELATION $72,681 $82,592 $103,240 $72,681 DIRECTOR - COMPREHENSIVE PLANNING $72,681 $82,592 $103,240 $72,681 DIRECTOR - EMS OPERATIONS $72,681 $82,592 $103,240 $72,681 DIRECTOR - POLLUTION CONTROL $72,681 $82,592 $103,240 $72,681 DIRECTOR - PURCHASING/GENERAL SERVICES $72,681 $82,592 $103,240 $72,681 DIRECTOR - RISK MANAGEMENT $72,681 $82,592 $103,240 $72,681 DIRECTOR - ROAD MAINTENANCE $72,681 $82,592 $103,240 $72,681 DIRECTOR - SOLID WASTE $72,681 $82,592 $103,240 $72,681 DIRECTOR - TRANSPORTATION PLANNING $72,681 $82,592 $103,240 $72,681 DIRECTOR - UTILITIES FINANCE OPERATIONS $72,681 $82,592 $103,240 $72,681 DIRECTOR - ZONING AND LAND DEVELOPMENT $72,681 $82,592 $103,240 $72,681 Page 16 of 19 Agenda Item NO.1 OB October 11,2005 Page 20 of 25 bY.Mf GRADE !l.JY. M!t:! MKTPT MM SUM MEB!! ~ II Non Exempt - Hourly None Exempt - Annual CHIEF - EMERGENCY MEDICAL SERVICES $76,314 $86,721 $108,401 $76,314 DIRECTOR - BUILDING REVIEW & PERMITTING $76,314 $86,721 $108,401 $76,314 DIRECTOR - FACILITIES MANAGEMENT $76,314 $86,721 $108,401 $76,314 DIRECTOR - HUMAN RESOURCES $76,314 $86,721 $108,401 $76,314 DIRECTOR - INFORMATION TECHNOLOGY $76,314 $86,721 $108,401 $76,314 DIRECTOR - LIBRARY $76,314 $86,721 $108,401 $76,314 DIRECTOR - MANAGEMENT AND BUDGET $76,314 $86,721 $108,401 $76,314 DIRECTOR - PARKS AND RECREATION $76,314 $86,721 $108,401 $76,314 DIRECTOR - PUBLIC UTILITIES ENGINEERING $76,314 $86,721 $108,401 $76,314 DIRECTOR - TRAFFIC OPERATIONS $76,314 $86,721 $108,401 $76,314 DIRECTOR - TRANSPORTATION ENGINEERING $76,314 $86,721 $108,401 $76,314 DIRECTOR - WASTEWATER $76,314 $86,721 $108,401 $76,314 DIRECTOR - WATER $76,314 $86,721 $108,401 $76,314 ~ Non Exempt - Hourly None Exempt - Annual DIRECTOR - BUREAU OF EMERGENCY SVCS $80,131 $91,058 $113,823 $80,131 II Non Exempt - Hourly None Exempt - Annual None Page 17of19 Agenda Item No.1 OB October 11, 2005 Page 21 of 25 LUMP GRADE TITLE Mlli MKTPT Ma! SUM MERIT POINT H Non Exempt. Hourly None Exempt. Annual ADMINISTRATOR - ADMINISTRATIVE SERVICES $88,343 $100,390 $125,488 $88,343 ADMINISTRATOR - COMMUNITY DEVELOPMENT $88,343 $100,390 $125,488 $88.343 ADMINISTRATOR - EMERGENCY SERVICES $88,343 $100,390 $125,488 $88,343 ADMINISTRATOR - PUBLIC SERVICES $88,343 $100,390 $125,488 $88,343 ADMINISTRATOR - PUBLIC UTILITIES $88.343 $100,390 $125,488 $88,343 ADMINISTRATOR - TRANSPORTATION $88,343 $100,390 $125,488 $88,343 ~ Non Exempt. Hourly None Exempt - Annual ASSISTANT COUNTY MANAGER $92,761 $105,410 $131,763 $92,761 ~ Non Exempt - Hourly None Exempt - Annual DEPUTY COUNTY MANAGER $97,399 $110,681 $138.351 $97,399 Page 18 of 19 Agenda Item No, 108 October 11, 2005 Page 22 of 25 GRADE TITLE MIN MKTPT MAX LUMP ~ M5B!! fQlli! Isle of Capri Fire Services (Non-Baraainina Unitt ~ Non Exempt. Hourlv FIREFIGHTER $11.0853 $13.0415 $16.5492 $14.3455 Exempt None ~ Non Exempt. Hourlv FIRE LIEUTENANT $14.1177 $16.6090 $20.6458 $18.2699 Exempt None Page 19 of 19 Agenda Item No, 108 October 11, 2005 Page 23 of 25 FY 2006 COMPENSATION ADMINISTRATION PLAN Exhibit 2 1. PHILOSOPHY The philosophy of Collier County Government is to provide a market-based compensation program that meets the following goals: Facilitates the hiring and retention of the most knowledgeable, skilled and experienced employees available. Supports continuous training, professional development and enhanced career mobility. Recognizes and rewards individual and team achievement. 2. OBJECTIVES In support of this compensation philosophy, the following objectives have been established for FY 2006: Maintain three distinct pay plans that target appropriate reward mechanisms for management, professional/technical and hourly employees. Adjust salary ranges as needed to more closely match the appropriate market for each plan. Slow the growth of senior management level base salaries by continuing to pay performance awards as one-time, lump-sum merit increases rather than incremental increases to base pay. Maintain a market-driven hard salary cap for each position. 3. GENERAL WAGE ADJUSTMENT Provide a 3.9% cost of living adjustment (COLA) to base salaries of eligible employees. COLA increases will be partially or fully granted in fiscal year 2006 depending upon the position of an employee's salary within the pay ranges. Employees at the top of the pay range for their position will not receive COLA. 4. PAY PLAN MAINTENANCE The marketpoints of the salary ranges for Collier County will be increased by 2.5% for pay grades 17 through 28 (the White Plan) and by I % for pay grades 29 through 36 (the Red Plan). The corresponding range minimums and maximums will also be adjusted to continue to make progress towards the goals outlined in the 2004 Compensation Study. These adjustments will ensure that these ranges will remain competitive with those in the external marketplace. 5. MERIT Merit pay increases based upon individual employee performance evaluation scores will be awarded in October to eligible employees. Merit pay will be calculated as a percentage of the market point of the salary range for the individual positions and will be added to base pay for those eligible employees whose salary is less than 110% of the marketpoint of their respective pay range (the lump sum merit point). The percentage of the merit increase will be based upon prior performance; however, the increase will be compensation for work to be performed in Fiscal Year 2006. Merit increases will be paid to all Directors and equivalent positions and to all Division Administrators in the form of a lump sum merit increase. Furthermore, merit increases will be paid partially or fully in a lump sum to any other employee whose base salary equals or exceeds 110% of the marketpoint of the range (the lump sum merit point). Agenda Item No, 10B October 11, 2005 Page 24 of 25 RESOLUTION NO. 2005- A RESOLUTION APPROVING THE 2006 FISCAL YEAR PAY AND CLASSIFICATION PLAN, PROVIDING FOR A GENERAL WAGE ADJUSTMENT AND MERIT INCREASE RETROACTIVE TO SEPTEMBER 17,2005 (THE FIRST DAY OF THE FIRST PAY PERIOD IN FISCAL YEAR 2006) AND ALSO CONTINUING THE AUTHORIZATION OF THE CREATION OF NEW CLASSIFICATIONS, MODIFICATION AND/OR DELETION OF CLASSIFICATIONS AND ASSIGNMENT OF PAY RANGES FROM THE 2006 FISCAL YEAR PAY AND CLASSIFICATION PLAN, USING THE EXISTING "ARCHER" POINT. FACTOR JOB EVALUATION SYSTEM, FOR POSITIONS BELOW THE LEVEL OF DIRECTOR, SUBJECT TO QUARTERLY RATIFICATION BY THE BOARD OF COUNTY COMMISSIONERS, WHEREAS, it has been the policy of Collier County to establish and administer a system of compensation based on principles of public accountability, external competitiveness, internal equity, relative complexity and responsibility between classifications, market economic conditions, County financial policies and appropriate federal, state and local laws pertaining to compensation so as to contribute to an environment conducive to employee motivation and productivity as is more fully set forth in Ordinance No. 96-40, as amended by Ordinance No. 2001-50; and WHEREAS, the Board of County Commissioners believes this policy may be achieved through a combination of an annual pay and classification plan for employees under the administration of the County Manager and the approval from time to time, and as appropriate, of general wage adjustments and merit increase; and WHEREAS, recent history indicates that the creation of new classifications, adjustment of salary ranges, modification of job responsibilities and other changes to prior Annual Pay and Classification Plans, resulting from organizational realignment or other similar measures, are occurring annually in greater instances, there is a need to promptly approve such modifications to the pay plan, using the existing "Archer' point- factor job evaluation system, involving positions lower than the Director level, subject to subsequent quarterly ratification by the Board of County Commissioners, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The 2006 Fiscal Year Pay and Classification Plan for employees under the administration of the County Manager, a copy of which is attached hereto as Exhibit 1, is hereby approved and adopted. 2. A general wage adjustment (i.e" cost of living adjustment) of 3.9% retroacti ve to September 17, 2005 for employees under the administration of the County Manager, as is more particularly described in Exhibit 2 hereto, is hereby approved and adopted. 3. A merit increase retroactive to September 17, 2005 for employees under the administration of the County Manager, as is more particularly described in Exhibit 2 hereto, is hereby approved and adopted, This merit increase, whether paid as a lump sum or otherwise, depending upon the status of the employee, is compensation for work to be performed in fiscal year 2006 although the percentage of increase shall be governed by each employee's most recent perfonnance evaluation prior to October 1,2005, 4, Employees under the administration of the County Manager who are also subject to a collective bargaining agreement shall, however, continue to be paid and receive increases in accordance with the terms of the governing collective bargaining agreement. 5, In order to avoid future delay in creating new and/or modified classifications, assigning salary ranges and to promote more efficient hiring practices and 0:\10.05 Pay Increases\Pay Plan Resolution for fy 2006 pay plan,doc Agenda Item NO.1 OB October 11, 2005 Page 25 of 25 aid in promptly paying County employees whose employment responsibilities have been adjusted or modified, it is necessary to continue the policy that promotes swift amendments to the Annual Pay and Classification Plan; and 6. The Board of County Commissioners believes this policy is best achieved, with respect to positions below the level of Director, by allowing the creation, adjustment or modification of such job classifications effective immediately, using the existing "Archer" point-factor job evaluation system and without prior approval from the Board of County Commissioners, but subject to quarterly ratification by the Board during regularly scheduled meetings each fiscal year. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 11th day of October, 2005. ATTEST DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By By: FRED W. COYLE, Chairman DEPUTY CLERK Approved as to fonn and legal sufficiency: Michael Pettit, Chief Assistant County Attorney 0:\10-05 Pay IncreasesIPay Plan Resolution for tY 2006 pay plan.doc Agenda Item No. 10C October 11, 2005 Page 1 of 107 ,- EXECUTIVE SUMMARY Recommendation to adopt a resolution authorizing the condemnation of fee simple interests and/or those perpetual or temporary easement interests necessary for the construction of roadway, drainage and utility improvements required for the four-lane expansion of County Barn Road from Davis Boulevard to Rattlesnake Hammock Road. (Capital Improvement Element No. 33, Project No. 60101). Estimated fiscal impact: $4,560,000.00. OBJECTIVE: To adopt a resolution authorizing the condemnation of fee simple interests and/or perpetual or temporary easement interests necessary for the widening of County Barn Road from an existing two lane rural roadway to a four lane urban roadway between Rattlesnake Hammock Road and Davis Boulevard (Project No. 60101). CONSIDERATIONS: In August of 1996, the Board of County Commissioners first authorized the acquisition by Gift and Purchase of rights-of-way and drainage easements along the County Barn Road corridor. Three separate times during the intervening years, the abutting properties were appraised and portions of the right-of-way required to construct the improvements were purchased. In the year 2000, however, new access management standards were adopted by the County, as well as new standards for typical roadway sections in the urban area, rendering the previous construction plans for the four-Ianing of County Barn Road obsolete. ,- In 2003, the firm of American Consulting Engineers was hired to design a new typical section for the four-Ianing of County Barn Road in conformance with current design standards. As a result of the public comments received at the 60% plans Public Information Meeting recently held for the project, many design changes were made which affected the amount of right-of-way required. In many instances, the takings were reduced. The decision whether to proceed with the four-Ianing of County Barn Road has had much scrutiny over the years, and the Board of County Commissioners has been advised through numerous public meetings, MPO meetings, and by and through its professional engineering staff and consultants of the various alternative routes and typical roadway sections considered, and of the environmental impacts and costs of each engineering alternative, and of the public health, safety and welfare considerations, and of the long-range planning implications posed by each alternative. The Board has determined that the legal descriptions, and the interest in real property specified on each legal description, which are a part of the attached Resolution, represent the most feasible location, and are necessary for the construction ofthe proposed improvements to County Barn Road (see attached interoffice memorandum dated May 6,2005). The Board of County Commissioners has been further advised that it is necessary and in the public's best interest to acquire, by condemnation if necessary, those interests in real property specified on each legal description attached to the Reso lution. '- Agenda Item No. 10C October 11 , 2005 Page 2 of 107 FISCAL IMP ACT: Staff will endeavor to negotiate settlements in good faith even after condemnation lawsuits have been filed. However, if condemnation proceedings are required in order to meet the schedule for the commencement of construction, the cost is estimated to be $4,560,000.00. This amount includes the cost of all real property rights required for construction of the proposed improvements, as well as all expenses for title work, real estate appraisals, staff time, and those expenses, such as property owner attorney fees and expert witness fees, which the County is required to pay according to Sections 73.091 and 73.092, F.S. All such payments will come from the Transportation Supported Gas Tax fund and the Road Impact Fee funds. Source of funds are gas tax and road impact fees. GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element, the four-lane improvements to County Barn Road (Project No. 60101) are an integral part of Collier County's Growth Management Plan. . RECOMMENDATION: That the Board of County Commissioners of Collier County, 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 Attachments: t. Interoffice Memorandum dated May 6, 2005, from Eugene C. Calvert, P.E. to Norman E. Feder, AICP 2. Condemnation Resolution with Exhibit A - Item Number: Item Summary: Meeting Date: Agenda Item No. 10C October 11, 2005 Page 3 of 107 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS lOC This rtem continued from the September 27, 2005 see Meeting. Recommendation to adopt a rer.olulion authorizing the condemnation of f~ simple Interests and/or those perpetual or temporary easement mterests necessary for the construction of roadway, drainage and utility Impro\fements requIred for the four.lane el(pansion of County Barn Road from Da....ls Boulevard to Rattlesnake Hammock Road, iCapitallmprovemel'\t Element No 33, Project No 60101), (Norman Feder. Administrator, Transportation Services) 10/11/20059:00:00 AM Right Of W~IJ Coordinator D~te P~partd By Lorraine Lantz Transportlltion $erylcel TEeM.ROW 91'9120066:05:-47 PM Accountln'Ol Supervisor Date Approved By Sharon Newman Tr'n$portation Service" Tran!llportadon Administration 919/2005 5:27 PM Da" Approved By Allen R. Ruth, P.E. Tr;anllportation ServiU5 Senior Project Manager Tr.mllportation EnginlMrlng lInd Construction 9/1212006 7:17 AM Trllnsport.nliol"l Civlllion Administrator D.le Approved B)' Norm E. Feoor, Alep Tr;amiportatlon Services Transportatlon 5E!rvices Admin 'il/12f2005 S.49 AM Kevin Hendricks Date Approved By lrllnsport1ltlon Ser....ice. RIght Of Way Acquisltlon MAnager lrnnsportation Enginllerlng and Construction 9/12f200512:58 PM Approved By Llll;a Taylor Transportoltion ServiGos Man iiloementfBudget Analyst Date lransportlltion Admlnistrlltion 9'12:120053:09 PM Jay Ahmo:Jd Director Date Approved B,.. Transportation Services Tnn'iportatlon Engineering & Construction Management 9112/2D06 4:48 PM Pat Lehnhard E u'cutlve Sll'cretary D.te Apprnved By Tfnllsportallon SlM'\Iic:ell Transportation Servicetl Adm!n 9/13/2006 H:1J PM Approved By OMB Coordinator County MAnager's Office Adnllnlslratlve A'!i~lstant Date Offi~ of Management & Budget 91:\0/20052:67 PM Senior Management/Dudget Analyst D." Approvtd By SUlian Usher County Milnager's Office Office of Miilnaglmlent & Budgl!!t 1(11:1/200510:15 AM MichIe! SmykoW5kl ManllgemlJnt & BUd!Jltt Dire.ctor Datlt AllProvcd B)' County Manager's om ell' Ome(! of Manag(!ment & Budget 10/3f200510:5B AM AplJroved By James V. Mudd Board of County CommlslOlonerl; County MlInager Date- County Manager's Office 10/3120065:)3 PM Co~r County ~~ ~ Agenda Item No. 10C October 11 , 2005 Page 4 of 107 TRANSPORTATION DIVISION ENGINEERING & CONSTRUCTION MANAGEMENT DEPARTMENT INTEROFFICE MEMORANDUM DATE: May 6, 2005 TO: Norman E. Feder, AICP, Administrator, Transportation Services Division FROM: Eugene C. Calvert, P .E., Interim Director, Transportation Engineering & Construction Management Department SUBJECT: Condemnation Resolution For County Barn Road from Rattlesnake Hammock Road to Davis Boulevard, Project No. 60101 On May 24, 2005, the Board of County Commissioners will consider the adoption of a Condemnation Resolution for the property interests necessary to four-lane County Barn Road from Rattlesnake Hammock Road to Davis Boulevard. This two-mile project includes a divided four-lane roadway with sidewalks and bike lanes on both sides. This memorandum contains vital information that the Board of County Commissioners must consider in adopting this Resolution. As you are aware, this roadway has been on the County's long-range plan for many years. It has been the subject of Board meetings, MPO meetings and various other public meetings. This memorandum shall serve to supplement and recap the documentation previously provided to, or presentations made to the Board. Also the county attorney's staff has advised that you must consider the following criteria when adopting the Condemnation Resolution: 1. Alternate Routes County Barn Road does not extend south of Rattlesnake Hammock Road nor north of Davis Boulevard, and as such serves as an important connector. Santa Barbara Boulevard is scheduled to be extended south of Davis Boulevard which will provide additional north-south capacity in the future. Further east, Collier Boulevard will be widened to also provide additional capacity. This project has not only been envisioned for a long time, but had design of the improvements started in the early 1990' s, only to be interrupted several times due to higher priorities. The current design update is progressing well, and in order to meet current and future capacity needs, the only viable alternative is to widen County Barn Road to four lanes at this time. 2. Safety Factors Agenda Item No, 10C October 11 , 2005 Page 5 of 107 The design of the County Barn Road improvements are in accordance with the provisions of the Florida Department of Transportation (FDOT) Roadway and Traffic Design Standards; the FDOT Plans Preparation Manual, and related design manuals; and the Collier County Policy for Access Management for Arterial and Collector Roadways to ensure the safe movement of people and goods within the project limits. Sidewalks, bike lanes and streetlights are being provided to further enhance the safety of this project. 3. Long Range Planning Factors The Long Range Transportation Plans (LRTP) for Collier County have evaluated the future travel demand needs using factors such as social impacts, environmental impacts, costs, safety and provision for alternatives. Since at least the 2010 LRTP (adopted in 1992), and reiterated in various updates, the most recent being the 2025 LRTP (adopted in 2001), the need for upgrading County Barn Road has been identified. The project improvements are consistent with current and near future travel demand needs and the availability of financial resources. 4. Environmental Factors Planning criteria require consideration of impacts to environmentally sensitive areas. Generally, the impacts of roadway construction utilizing existing corridors have less environmental impacts than new corridors. The County Barn Road project will have some environmental impacts. The project has been discussed with the South Florida Water Management District (SFWMD) and the Army Corps of Engineers. A wetland survey has been previously conducted and will be updated with our current design. The project will require off site ponds for water treatment and attenuation, and the recommended sites typically undergo environmental evaluations. The surface water drainage design is such that the project will be a benefit to the existing surface water management system. It is anticipated that application for the Environmental Res6urce Permit will be within three months. 5. Costs Cost to provide for the improvements of this project has been considered from the initial identification in the adopted LRTP. The project has been refined through earlier design efforts and incorporated in the financially feasible Capital Improvement Program. The current design will further refine the project to maximize the improvement benefit while minimizing impacts. The project includes a typical four lane divided section with sidewalks and bike lanes on both sides. The corridor is largely residential with several churches. Future development includes the expansion of a private school, and possible siting of public schools. Design should be completed later this year with construction planned to start in early 2006. Agenda Item No. 10C October 11, 2005 Page 6 of 107 c EXCERPTS FROM THE POND SITING REPORT FOR County Barn Road (From Rattlesnake Hammock Road to Davis Blvd) Collier County, Florida Collier County Project Number: 60101 AN EXECUTIVE SUMMARY FOR THE COLLIER COUNTY BOARD OF COMMISSIONERS r-'} ---' This report evaluates pond site alternatives for County Barn Road From Rattlesnake Hammock Road to Davis Blvd in Collier County, Florida , The approximate length of the project is 2.04 miles. Prepared by: AMERICAN CONSULTING ENGINEERS 4111 Land 0' Lakes Blvd. Land 0' Lakes, FL 34639 "'. October 2004 C._ ,.' .' Agenda Item NO.1 OC October 11, 2005 Page 7 of 107 I. EXECUTIVE SUMMARY The Collier County Department of Transportation proposes to widen County Barn Road from Rattlesnake Hammock Road to Davis Boulevard (SR84) in Collier County, Florida. The project is located in the Naples area. 1;be widening will transform the existing 2 lane rural section of County Barn Road into an urban four-lane divided section with curb and gutter. County Barn Road is to be used for northbound and southbound traffic. "",--. \ i The purpose of this report is to evaluate pond site alternatives in order to recommend conceptual stormwater management facilities required due to the roadway improvements. . The report will also provide the methodology proposed for the permitting of the project through the South Florida Water Management District (SFWMD) once the project goes to the design phase. Information regarding the floodplain and outfall data was obtained from the previous design documentation by URS, Inc. Excerpts from this Study are included in Appendix E. The project is 2.04 miles in length and is included within one basin. ...L A total of five alternative pond sites were evaluated for their potential to serve as stormwater management facilities. Of these five pond sites, no single pond site would provide the stormwater management necessary to satisfy the SFWMD and County stormwater management design requirements. In lieu of this observation, this report recommends two pond sites, which are needed in conjunction, to satisfy this SFWMD and County design criteria. Pond A and D are the recommended pond sites. The two recommended pond sites were selected based on hydraulic, environmental, and economic considerations. Table 1-1 summarizes the recommended pond sites, and the right-of-way cost. More detail as to the reasoning for the selection of pond sites is included in Section 7, Conclusions and Recommendations of this report. 3 F:\PROlllC'N049268\DRAINAGE\PONDREPORT(FlNAL}101204,DOC Table 1 - SUMMARY OF RECOMMENDED POND SITES ( Pond Rank Area Total Cost Relocations Site (acres) $ (Residential) D 1 3.5 1,225,000 0 A 2 1.10 385,000 0 C 3 1.70 595,000 0 E 4 0.4 0 0 B 5 10 0 0 (' \ '-.- 4 F:\PROJECl'S049268\DRAINAGE\PONDREPORT(FINAL)101204,DOC Agenda Item No. 10C October 11 , 2005 Page 8 of 107 Agenda Item No. 10C October 11, 2005 Page 9 of 107 ;-,.~-,~ 5.2.1 POND A Pond A is located near Station 50+00, LT. at an off-site location. The pond is 1.1 acres in size, and is owned by David Randall. It is bordered on the south by Lot 399 of Rivera Gold Estates, and is bordered on the north by property owned by Nancy and Delbert Ackerman. The existing land use of the pond site consists of vacant woodlands. Soils within. the pond site are fine sand of hydrologic soil type B (pineda fine sand with a limestone substratum). The anticipated depth to water table approaches one foot, and the County soil survey reports hydric soils within the vicinity of this pond site. The pond is not located within the 100-year floodplain. -" The proposed LASIP and URS profLles were reviewed to delineate contributory basin areas for pond A. The project will separate off-site and on-site runoff, and the pond sites will treat on-site runoff. The design intent is to quantify the maximum basin size that the stormwater collection system could collect from the road, and connect to Pond A. The collection area for Pond A could extend from STA 10+00 +/- to STA 55+00 +/-, approximately 4500 LF. The proposed Pond A has a basin size of 13 acres with an estimated 1.1 ac-ft of required treatment volume. The estimated ground surface elevation is 6.0 feet and is the estimated proposed top of berm elevation. The pond will outfall 400 feet +/- south along the east side of County Barn Road, and discharge into the eastern roadside ditch system. The system ultimately outfalls to the Lely Main Canal. .i Pond A will require a maintenance berm within the 1.1-acre area. The project will excavate existing soil, to create storage volume. Assuming one foot of excavation, Pond A will create a maximum of 0.9 acre-ft of storage volume. The required water quality treatment volume equals 1.1 acre-ft, and the calculated required attenuation volume approaches 0 acre-ft. The County will complete a Hazmat analysis at a later date. 28 F:\PROJECT\S049268\DRAINAGE\PONDREPORT(FINAL)1 01204,DOC Agenda Item No, 10C October 11 , 2005 Page 10 of 107 (~ 5.2.2 . POND D Pond D is located approximately 5,000 feet south of Davis Boulevard at STA 70+00 +1-, LT offset. The pond is 3.5 acres in size, and is owned by Barbara Jones Trust (Folio 00404200008: 3000 County Barn Rd.). It is bordered on the south by Faith Apostolic Church me., and is bordered on the north by property owned by Mayflower Congregational. The existing land use at the pond site consists of vacant woodlands and open grass. Soils within the pond site are Holopaw Fine Sand of hydrologic soil type B. The anticipated depth to water table approaches one foot, and the County soil survey reports hydric soils within the vicinity of this pond site. The pond is not located within the 100-year floodplain. c__~) The proposed LASIP and URS profiles were reviewed to delineate contributory basin areas for pond D. The project will separate off-site and on-site runoff, and the pond sites will treat on-site runoff. . The design intent is to quantify the maximum basin size that the stormwater collection system could collect from the road, and connect to Pond D. The collection area for Pond D could extend from STA 10+00 +/- to STA 70+00 +/-, or from STA 57+00 to STA 117+00, both approximately 6000 LF. The proposed Pond D has a basin size of 19 acres with 1.9 ac-ft of required treatment volwne. The estimated ground surface elevation is 6.0 feet, which is the estimated proposed top of berm elevation. The pond will outfall 400 feet +/- south along the east side of County Barn Road, and discharge into the eastern roadside ditch system. The system ultimately outfalls to the Lely Main Canal. co Pond D will require a maintenance berm within the 3.5-acre area. The project will excavate existing soil, to create storage volume. Assuming one foot of excavation, Pond D will create a maximum of 2.5 acre-ft of storage volume. The required water quality treatment volume equals 1.6-acre-ft, and the calculated required attenuation volume approaches 0 acre-ft. The County will complete a Hazmat analysis at a later date. 29 F:\PR0JEC1\5049268\DRAINAGE\PONDREPORT(FINAL)lOl204.DOC Agenda Item No. 10C October 11, 2005 Page 11 of 107 5.2.3 POND C Pond C is located 4,000 feet south ofD,avis Blvd. at STA 77+00 +/- LT. The pond is 1.7 acres in size, and is owned by Harry and Martha Beckford It is bordered on the south by Patricia Savigano, and is bordered on the north by Wilmar Lane, and property owned by Jonathan Gifford. The existing land use at the pond site consists of vacant woodlands and open grass. The soils within the pond site extend into portions of Oldsmar Fine Sand, and portions of Holopaw Fine Sand of hydrologic soil type B. The anticipated depth to water table approaches one foot, and the County soil survey reports hydric soils for Holopaw fine sand, and non-hydric soils for Oldsmar Fine Sand. The pond is not located within the 100-year floodplain. .-C' The proposed LASIP and URS profiles were reviewed to delineate contributory basin areas for Pond C. The project will separate off-site and on-site runoff, and the pond sites will treat on-site runoff. The design intent is to quantify the inaximum basin size that the stormwater collection system could collect from the road, and connect to Pond C. J.. The collection area analysis for Pond C evaluated two options. The first alternative . considered that Pond C is the northernmost pond, which would extend the contributory area from STA 10+00 +/- to STA 77+00 +/-, approximately 6700 LF. The second alternative considers that the project will contain at least one pond south of Pond C. This alternative would extend the limit of the southern collection area possibly to STA 50+00 +/-, and the northern limit would extend to STA 85+00 +/-. The first alternative would contain constmctability issues with the physical slope of the pipe. In order to construct a positive physical slope, the pipe profile would need to fall at least five feet over the 6700 LF profile. This would place the pipe invert up to eight feet below the existing ground at Pond C (i.e. EL -2.0). After completing this evaluation, the second alternative was selected and Pond C was analyzed with a collection area extending from STA 50+00+/- to STA 85+00 +/-. 30 F:\PR0JECTl504926&\DRAINAGE\PONDREPORT(FlNAL)101204.DOC Agenda Item NO.1 OC October 11, 2005 Page 12 of 107 r The proposed Pond C has a basin size of 11 acres with 0.9 ac-ft of required treatment volume. The estimated ground surface elevation is'6.0 feet, which is the estimated top of berm elevation. The pond will outfall 400 feet +/- south along the east side of County Barn Road, and discharge into the eastern roadside ditch system. The system ultimately outfalls to the Lely Main Canal. Pond C will require a maintenance berm within the 1.7-acre area. The project will excavate existing soil, to create storage volume. Assuming one foot of excavation, Pond C will create a maximum of 1.5 acre-ft of storage volume. The required w~ter quality treatment volume equals 0.9 acre-ft, and the calculated required attenuation volume approaches 0 acre-ft. The County will complete a Hazmat analysis at a later date. 5.2.4 POND B (-'OJ Pond B is located 3,400 feet south of Davis Blvd. at STA 84+00 +/-, RT offset. The pond is 10.0 acres in size, and is owned by Collier County. It is l.ocally referred to as the "Borrow Pit". It is bordered on the south by Cope Lane and Highland Property of Lee and Collier, and is bordered on the north by property owned by Robert and Patty Flick. The existing land use at the pond site consists of a borrow pit with a lake surface. The anticipated depth to water table approaches zero feet because the borrow pit has a lake surface. The pond is not located within the lOO-year FEMA floodplain; however, it contains a 100-yr design high water elevation that approaches its top of bank elevation. ( The proposed LASIP and URS profiles were reviewed to delineate contributory basin areas for Pond C. The project will separate off-site and on-site runoff, and the pond sites will treat on-site runoff. The design intent is to quantify the maximum basin size that the stormwater collection system could collect from the road, and connect to Pond B. Pond B was analyzed with a collection area extending from STA 77+00 +/- to STA 117+00 +/- (End Project). 31 F:\PROJEC1'.S049268\DRAINAGE\PONDREPORT(FINAL) 10 1204.DOC Agenda Item NO.1 OC October 11, 2005 Page 13 of 107 The proposed Pond B has a basin size of 13 acres with 1.1 ac-ft of required treatment . volume. The estimated lake water surface elevation is 5.0 feet, which is the estimated top of berm elevation. The pond will outfall 400 feet +/- south along the west side of County Barn Road, and discharge into the eastern roadside ditch system. The system ultimately outfaIls to the Lely Main Canal. Pond B contains a maintenance berm within the 10.O-acre area. The project will impound additional storage volume within Pond B to create storage volume. Pond B should be regulated as an "other surface water (OSW)" by SFWMD. If the borrow pit is regulated as an OSW, it would provide negligible, if any, proposed storage volume for this project, as the lake's existing water sutface elevation approaches the top of berm elevation. The required water quality treatment volume equals 1.1-acre-ft, and the calculated required attenuation volume approaches 0 acre-ft. The potential for a limestone substratum will limit the maximum benefit of this approach. In addition, SFWMD may regulate surface water impacts for any work within Pond B. The County will complete a Hazmat analysis at a later date. 5.2.5 POND E Pond E is located at the northwest corner of the inter~ection of Rattlesnake Hammock Road and County Barn Rd. The land was recently purchased by Collier County Government for a utility corridor within this project. The pond site is a linear ditch. The existing land use at the pond site consists of vacant woodlands and open grass. Soils within the pond site are Boca Fine Sand of hydrologic soil type B. The anticipated depth to water table approaches one foot, and the County soil survey reports hydric soils within the vicinity of this pond site. The pond is located within Zone X, and is subject to less than one foot of flooding during the lOO-yr event. .....I.. The proposed LASIP and URS profiles were reviewed to delineate contributory basin areas for Pond E. The project will separate off-site and on-site runoff, and the pond sites will treat on-site runoff. The design intent is to quantify the maximum basin size that the stormwater collection system could collect from the road, and connect to Pond E. The 32 F:\PROJEC'N049268\DRAINAGE\PONDREPORT(FINAL)lOI204,DQC Agenda Item NO.1 DC October 11, 2005 Page 14 of 107 (-' collection area for Pond E could extend from STA 87+70 +/- to STA 117+70 +/-, approximately 3000 LF. The proposed Pond E has a basin size of 10 acres with 0.8 ac-ft of required treatment volume. This alternate pond site approaches O.4-acres in size. The estimated ground surface elevation is 5.0 feet, which is the estimated top of berm elevation. The pond will outfall 150 feet +/- east along the east side of County Barn Road, and discharge into the eastern roadside ditcn system. The system ultimately outfalls to the Lely Main Canal. r Pond E would not require a maintenance berm, as the County will access the facility from County Barn Road. The project will excavate existing soil, to create storage volume. Assuming one foot of excavation, Pond E will create a maximum of 0.4 acre-ft of storage volume. The required water quality treatment volume equals 0.8 acre-ft, and the calculated required attenuation volume approaches 0 acre-ft. The County will complete a Hazmat analysis at a later date. Table 5-1 below summarizes the results of the stormw~ter management analysis for Ponds A, B, C, D, and E. ( 33 F:\PROJECm049268\DRAINAGE\PONDREPORT(FINAL) l01204,DOC Agenda Item NO.1 OC October 11, 2005 Page 15 of 107 Table 4 . BASIN 1 POND SITES DESIGN SUMMARY Pond Pond Pre Post Treatment SHWT Weir Q Q EMax TOB HGL BOP RIW Cost Site Size eN CN Volume Elev. Elev. Pre Post Elev. Elev. LP (4) Elev. Estimate (ae) Required (ft) .(ft) (cfs) (~fs)(2) (ft) (ft) (ft) (ft) ($) (5) (ac-ft)(I) A 1.1 88 94 1.1 5-5.5 6-6.5 31.93 31 6.5 7 5.5 6.5 385,000 . B 10.0 88 94 1.1 5-5.5 6-6.5 31.93 30 6.5 7 5.5 6.5 0 C 1.7 87 92.5 0.9 5-5.5 6-6.5 34.42 34 6.5 7 5.5 6.5 595,000 D 3.5 90 93.5 1.6 5-5.5 6-6.5 35.89 35 6.5 7 5.5 6.5 1,225,000 E 0.4 89 92 0.8 5.5 6 29.45 34.68 6.5 7 5.5 6.0 0 (3) --..---., , .......J' Note: E. M~ - Maximum stage elevation in pond \. TOB - Top of bank EOP - Edge of pavement HGL - Hydraulic Grade Line LP - Low Point (1) The treatment volume required calculations, are based on a relative maximum basin area for connection to the pond sites. The calculated treatment volume for the whole project will approach four acre-ft. (2) The post-development Q assumes that the ponds will provide attenuation volume within the cut volume. (3) Pond E is located within an area subject to one foot of flooding during the 100-yr storm event. (4) The HGL will equal the HGL through the storm drain system for general design frequency. (5) The R.O.W. acquisition estimate is based on a unit price of $350,000 per acre. The R.O.W. cost estimate is based on an evaluation of the local market values 34 F:'J'ROJECT\S049268\DRAINAGE\PONDREPORT(FINAL)lOl204.DOC Agenda Item No, 10C October 11 . 2005 Page 16 of 107 ('j estimated by reviewing the County's property appraiser internet site. The evaluation indicates an approximate value of $100,000 per acre for land within this corridor. The total cost to acquire an .acre was estimated by multiplying the market value by a factor of 3.5. This multiplier is subjective, and is based on the . engineer's experience regarding the cost of property acquisition relative to the market value. Multiply $l00,ooO/acre by 3.5, to equal $350,0001 acre. (' ( 35 F:\PROJECl'S049268\DRAlNAGE\PONDREPORT(FINAL)101204.DOC Agenda Item No, 10C October 11 , 2005 Page 17 of 107 ~ VII. CONCLUSIONS AND RECOMMENDATIONS The project was evaluated for pond siting alternatives. A total of 5 stormwater management facilities were considered for their potential to serve the basins. Of these five pond sites, no single pond site would provide the stormwater management necessary to satisfy the SFWMD and County stormwater management design requirements. In lieu of this observation, this report recommends two pond sites, which are needed in conjunction, to satisfy this SFWMD and County design criteria. Pond A and D are the recommended pond sites. .f~i I According to the 2001 Environmental study, historical and archeological sites are not found within the project limits. Wetlands and protected species are found within the project corridor (see Appendix C). The recommended ponds were based largely on hydraulic adequacy and right-of-way cost. The County will provide a hazardous material analysis, if necessary, at a later date. The following conclusions and recommendations were made for each basin. Table 7-1lists the recommended alternatives. Table 7-2 is an evaluation matrix for all pond alternates. .i Basin 1 -The Proiect The shallow SHWT and potential for shallow limestone substratum may control the depth of most pond sites within this project corridor. Based on this observation, the total loading area and infall pipe hydraulics became the two main technical criteria in evaluating potential pond sites. The smallest pond site is Pond E, and its location is within Zone X of the FEMA floodplain. The pond is.too small to provide the provide the calculated water quality treatment volume for its contributing area, and provides no opportunity to provide compensatory treatment for areas extending northerly within the project. Pond B is the largest pond, however, contains a normal water line that approaches the top of berm elevation. SFWMD may regulate this parcel as an OSW, which will limit its usefulness as a treatment facility. This results in a low recommendation for both ponds B and E. An evaluation of these characteristics'suggest that neither Pond B. Pond E. or a combination of both. would provide the anticipated 38 F:\PR0JECT\5049268\DRAlNAGE\PONDREPORT(FINAL)101204.DOC Agenda Item No. 10C October 11, 2005 Page 18 of 107 (-- regulatory stormwater management to conform with SFWMD and County regulations. and best management practices. Ponds A, C, and D were evaluated to provide stormwater management within the project corridor. This report notes that there is a shallow SHWT water depth throughout the prpject corridor, therefore, loading area is a critical characteristic for pond sites within this corridor. The loading area is required to provide stormwater management and storage volume. The proposed Pond D site is located on a 3.5-acre footprint, which is larger than the Pond A and Pond C footprint. Therefore, Pond D is the first recommended pond site alternative for this project. C'" -) Pipe hydraulics is another condition that affects pond siting. In general, it is best practice to limit the length of the storm drain that will hydraulically connect to the pond site. Storm drain is constructed with a physical slope and profile. As the length of storm drain increase, the total elevation difference betw~enthe upstream and downstream pipe inverts will increase as well. In addition, the roadway vertical alignment creates elevation controls on the storm drain pipe that often require lowering the storm drain profile to construct the roadway. The influence of both design factors increases the depth of the storm drain, and its depth at connection to the ponds. In addition, both factors decrease pipe capacity and increase storm drain construction costs. ( As noted prior, the first recommended pond site for this project is Pond D. If Pond D were the only pond site, then it would collect stormwater from a closed pipe system that would extend north to Davis Boulevard (5000 LF), and south to Rattlesnake Hammock Road (5500 LF). If there were no pond site south of Pond D, then a storm drain collection system would collect runoff from the BEGIN PROJECT, to the END PROJECT, and convey stormwater southerly to Rattlesnake-Hammock Road. The pipe invert at the infall to Pond D would extend 6 feet below the existing ground elevation. The County soil survey notes the existence of limestone substratum in this project corridor. Trenching through rock formations is an expensive unit cost, and at times requires high-powered equipment, highly skilled labor, and specialized materials. Although this is an unforeseen subsurface condition at this time, it is recommended that an effort be made to limit trenching depth. The best effort would consider locating a parcel eqUidistant between 39 F:\PR0JECT\5049268\DRAlNAGE\PONDREPORT(F1NAL) 101 204.DOC Agenda Item No. 10C October 11 , 2005 Page 19 of 107 Rattlesnake-Hammock Road and Pond D, as this is the longest collection area without a pond. Ideally, this pond location would lie around Sta. 40+00+/-. Pond A is t~e best alternate for this option. Based on this evaluation, this report recommends at least one pond site south of Pond D. Pond A and Pond D are both recommended for this project to provide stormwater management. Table 5 - SUMMARY OF RECOMMENDED POND SITES Pond Rank Area Total Cost Relocations Site (acres) $ (Residential) D 1 3.5 . 1,225,000 0 A 2 1.10 385,000 0 C 3 1.70 595,000 0 E 4 . 0.4 0 0 B 5 10 0 0 I I I I I I I I I I I I I I I I I I ..L 40 F:\PROJECT\5049268\DRAINAGE\PONDREPORT(FINAL)101204.DOC Agenda Item No. 10C October 11, 2005 Page 20 of 107 ( Table 6 - ALTERNATIVES EV ALVA TION MATRIX Basin 1 (~," Pond Site o 70+00 L T 3.5 E 15+00 RT 0.4 Yes Yes None None 10,000 1.225.000 2.500 o 1 ,235,000 2,500 1) SFWMD may regulate a surface water impact at Pond B. 2) The County will evaluate HAZMAT at a later date, if necessary. 3) Based on the 2001 environmental study, a blue heron was observed within a roadside ditch on June 29, 2001. No wildlife species were observed within the pond sites. The 2001 environmental study further discusses a protected species evaluation. 4) The outfall pipe length is often a critical design element in pond selection. f.{owever, this will not specifically apply to this project, as all ponds will outfall to the roadside ditch system. l F:1PROIECl\50492681llRA1NAGEll'ONDREI'ORIU'INALlIOI204.DOC II I ~ .. Agenda Item No. 10C October 11, 2005 Page 21 of 107 NARRATIVE Purpose The purpose of this report is to'documentthe Stoi:m Water and drainage design for the proposed improvements to COUtlty Barn Road. Project Description Collier County is an existing County road located in western Collier County between Rattlesnake-Hammock Road on the south and Davis Boulevard on the north, a distance of some 2.0 miles. See Exhibit 1 - Location Map. Collier County proposes to replace the existing 2-lane rural roadway with a 4-lane urban section. See Figure 2 - Typical Section. Existing Drainage Drainage within the project area is generally from north to south and from east to west. Drainage from the east enters the right (east) side ditch and flows south. Six existing cross drain culverts convey floW' from the' east side ditch to the west side ditch. Both the west side ditch and east side ditch flow south to an 8' x 4' box culvert under Rattlesnake- Hammock Road and thence to the Lely Main Canal. Proposed Drainage The proposed roadway will encroach upon the existing side ditches and will require a Stormwater management system. It is proposed to route the flow from the east through the right side ditch and through a series of side drains' and box culverts draining south along the right side and eventually down the center of County Barn Road to tie into the 8' x 4' box culvert draining south under Rattlesnake-Hammock Road to Lely Main Canal. The left side ditch will be converted into two linear storm water ponds (North Pond and South Pond) with a storm drain connecti~n through the central section of the project. Soils ;tl According to The Soil Survey E9r Collier County, the soils at the project site are nearly level ground and are poorly drained. These soils are in hydrologic group BID. A curve number of 80 was used for calculating storm water runoff from all pervious areas for both pre and post project conditions. Drainage Report County Barn Road Page I URS Corporation I It-" III II 1:.1 1~ Ii Agenda Item No.1 OC October 11, 2005 Page 22 of 107 Design High Waters 11\ " " Design High Waters for the project include a base clearance Design High Water and 25- year peak stages for the stormwater management system. The Design High Waters are tabulated in Appendix C. Thei>roject proposes to replace the existing roadway 2-lane rural roadway with a 4-lane urban (curb & gutter) roadway. Base clearance criteria for urban roadways is 1.0 foot from bottom of base to Design High Water (24 hour stage). Design High Water in the project outfall and in the box culvert and east ditch is set by a weir in the Lely Main Canal downstream of the project. The weir crest is elevation 4.0. Design High Water in the two storm water ponds to which most of the roadway is drained is estimated at the weir crest. The South Pond weir is set at elevation 5.8. The North Pond weir is set at elevation 6.5. The proposed roadway elevations generally provide more than 1.0 foot of base clearance above the Design High Water, The Design High Water in the east ditch north of Station 78+20 will be maintained at elevation 8.0 by a weir constructed at Station 78+20. In order to provide adequate base clearance for the right side of the roadway north of Station 76+25; underdrains are provided under the right curb and are discharged to storm drains that discharge to the left ditch with Design High Water at elevation 6.5. I~ _ 'I I '-, I . I I . . ~ IJ . The 25-year high water in the stormwater ponds was determined from routing of the 25- y'ear 72-hour design storm. The ICPR model for the left ditch system used the 25-year 72-hour stage hydro graph from<the Lely Area Storm Water Improvement Project Basin model (node N9S0030 at northwest comer of County Barn Road and Rattlesnake Hammock Road) for the tailwater,hydrograph. The 25-year peak stages in the north pond stage above the top of bank of the left side ditch; however, the post 25-year stages are approximately the sarne as the Pre 25-year peak stages. Over flow to the west will continue to occur as is does under existing conditions. 25-year hlgh water elevations ih the left side ditch are found at the end of Appendix H and are sl?-own on the Roadway Plan & Profile Sheets. Cross Drains There are six existing cross drains under County Barn Road. These are generally 24-inch RCP culverts. All of these cross drains will be removed by the proposed design. The flow from the east will be conveyed south through the 8'x4' box culvert that connects to an existing 8.' x 4' box culvert under Rattlesnake-Hammock Road. Floodplains and Floodways Based on the current FEMA Flood Insurance Study and FIRM maps, the project is located within a FEMA floodplain. See Exhibit 5 - FEMA Map. The project is located in zone X which is an area subject to shallow flooding. The project is not locateq within a FEMA floodway. Drainage Report County Barn Road Page 2 URS Corporation ~ .' .,) ~. .' Agenda Item No. 10C October 11, 2005 Page 23 of 107 Stormwater Management i;~'. The project is in the Lely Basin which is an open basin with no special basin criteria. Standard Pre I Post criteria for the 25-year 72-hour storm should be applicable. There are no Outstanding Florida Waters within the project limits; therefore, only standard treatment criteria should be required. Water Quality Standard treament criteria are those found in SFWMD ERP manual Section 41C-42-26. See Appendix G - Stormwater Design. Treatment volwne depends upon the type of treatment used. For dry detention systems (proposed for the project) the required treatment volwne is 75% of the greater of2.5 inches of IUIloff from the impervious area or 1.0 inch of runoff from the basin area. The treatment volume is discharged through an orifice sized to bleed down Y2 inch of treatment volwne in 24 hours. The project will add appr~xirnately 12.1 acres of pavement. The proposed stormwater system provides the maximum stormwater management that would reasonably :fit within existing right-of-way and drainage easements as shoWn in the roadway plans. Two ponds (South Pond and North Pond) treat 12.3 acres of pavement. However, due to right-of-way constraints, the North Pond provides only 71% of the required dry detention volwne. The South Pond provides 100% of the required dry detention volwne. ) See Appendix G for storm water calculations. Pre I Post Discharges .... Pre discharges for the roadway Were modeled with a Pre Basin model that modeled the roadway an4 the left and right side ditches. ' The Pre Basin mouel does not include off site inflows., The Post Basin model of the left ditch syste,m. includes the roadway and the left side ditch with its two pond controls. Post discharge at the south end of the project is less than the Pre discharge at the south end of the project. See Appendices D, E, F, G, arid H for the Pre and Post Basin Models. Major Drainage There are two major drainage systems on the project. The left side ditch system handles storm water management for the roadway. The right side ditch system handles off site drainage from the east. The pipes in .the left side ditch system was sized using the Post Basin model. See Appendix F, G, and H. The right side ditch system was sized by Collier County Staff based on the Stormwater Improvement Project by Agnoli, Barber & Brundage, Inc. See Conceptual permit Application, Lely Area Storm Water . Improvement Project, Lely Canal and Lely Manor Basins, Region 3, Naples, Florida, prepared by Agnoli, Barber & Brundage, Inc. September, 2001. Drainage Report County Barn Road Page 3 URS Corporation ~-' , II I ~. - I i Agenda Item NO.1 OC October 11, 2005 Page 24 of 107 Pavement Drainage The profile for the roadway provides a minimum gutter slope of 0.3%. Inlets are generally located at the low points in the gutter and'at ends of tapers where the taper creates a low point in the gutter. Typical spread calculations determined that spread for the 4.0 inch per hour rainfall will be limited to less than half a lane. Each storm drain system consists of two or three inlets connected by IS-inch pipe to a mitered end section in the left ditch or a single inlet connected by 18-inch pipe to the box culvert. A storm tab for a typical storm drain system of three inlets demonstrates that IS-inch pipes are adequate for all of the inlet systems on the project. See Appendix I for spread and storm sewer calculations. . . ~. I \. Drainage Report County Barn Road Page 4 URS Corporation ULD" 000 ,...OT"'" N_ -A. _ 0 -::1.(') N Q.)Q)Q.) ==~ ~ ~~Cl. Q.) , Ol <( - J:5 If ' :a Xl"!&+ oJ ~, .", J if. \~ I ~ l _ 'UI /, ~ ~1Nr' I '/ I 1\ I '+ la a '7 1:\' fie s:6- I /; I Wl':a , I US1.. d <: I I 1 l:! ,l]/ '7; iJ' ...fe, .. ~I 1 nn' 3 UG)'fo tJ .. . 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DAVIS BLVD ~ ~l f- L- - - - 10 ",,' ;::: - . - . - I - I ~ <6J' ~~8 A, I: i~~ ~ ~ ::<!: ~' ~~I "-' -~- t ~- 8 -' (.J ~ ~ ':1 - 10 Cl'l WALuAR LANE \- J' ,. ....,... !-J -:0:: -::a; I.lJ <lI 1,,- )...0 ~~ ct:i- DS~ Q" ~I~ J1~V\ I _ _ -=-1 -.,; ~:;; 5 ~i::Q;; ~~~I I ..... l<J ~ '<t l<J -..J '<t ~ I ~ I . ; @ ~ Cl:lt ,....,::.- g I Q t.D i-. l/')-..J ~~ ~~ l/') Q 0 .... i5 ~e~l!s ~ I./~"'O ~ ~~~~~ .: l!l~~~~ ~ ~~8~l!s !i ""...ll!~lQl!l~ ~g~~~~~~ ",~~",13!\i~~ ~~~~e~"'lii ~~:O~iU~~~ "-~oiil~~" S~~~~~~~ ...~b~III~l.>Q ~l'e~",\:'l~~~ ~iil!g...'C'C iii ~Ct:Ql:i...~\!s1ll iS~~~(S\jj :s ~'CigS",~eQ; .....~~;:}'C...... ..~~~~~~~ ~~~~~~~~ !!!!.i~:ii~~~8~ ~~a~~i...!i~ ~CS!!!...~::>\Qll!i 1./ e i!: ;: Q: .~ 0( ""9 !klt.J~~V\ ~~~~i!:~e~~ ~i:~\!s~~~;Sai i!:~~~......ggS! ..~...2~~!tI<:i~ !n~t:"'1lI~~1lI~ a..: ~IlI(Lu~'IlC~ ~ei!:~i!:~~~~ - ~ 2Q .....1/) ~~ c:::; ::<!:O:: lJ..I!::: :j - ..... ~ ~ l.u I/) ~ -..J ~ - I T- ~c t\J i)i'"' l- _I ~ I ~ - -.--11 T~ ~I~ ~ t: I~I to ! ~:[. t-I ~ '<. 15 IS \:l I::. - ~ I g ~ ~ -II ~ ' Ctl 51 ~ Q n:: ----.tell IT -II ~ I~I II -I -I I~~ Agenda Item No. 10C October 11, 2005 Page 27 of 107 RESOLUTION NO. 2005- A RESOLUTION AUTHORIZING CONDEMNATION OF FEE SIMPLE INTERESTS IN THE PROPOSED RIGHT-OF-WAY, AS WEll... AS PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENTS, AND PERPETUAL, NON- EXCLUSIVE DRAINAGE AND UTILITY EASEMENTS, WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS TO COUNTY BARN ROAD FROM DAVIS BOULEVARD TO RATTLESNAKE HAMMOCK ROAD. (CAPITAL IMPROVEMENT ELEMENT NO, 33, PROJECT NO. 60101). WHEREAS, the Board of County Commissioners (Board), on October 26, 2004, adopted Ordinance No. 2004-71 therein establishing the Capital Improvement Element of the Growth Management Plan in order to establish priorities for the design, acquisition and construction of the various capital improvement projects; and WHEREAS, the Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No. 2004-71; and WHEREAS, the four-lane section of County Barn Road from Davis Boulevard to Rattlesnake Hammock Road (Project No. 60101) is one of the capital improvement projects required under the Transportation Element of the County's Comprehensive Plan; and WHEREAS, on May 24, 2005, the Board adopted Resolution No. 2005-212 authorizing the condemnation of property for the construction of the County Barn Road Project; and WHEREAS, several refinements in the project design have been made since Resolution No. 2005- 212 was approved; and WHEREAS, the location for the construction of the proposed improvements has been fixed by survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein; and WHEREAS, after consideration of the availability of alternate routes and locations, the comparative costs of the project alternatives, various impacts upon the environment, long range planning options, and public safety considerations, the Board desires to exercise its right to condemn property for public purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been detennined by the Board that the expansion of County Barn Road from two lanes to four lanes between Davis Boulevard and Rattlesnake Hammock Agenda Item No. 10C October 11, 2005 Page 28 of 107 Road (hereinafter referred to as "the Project") is necessary and in the public's best interest in order to protect the health, safety and welfare of the citizens of Collier County. AND IT IS FURTHER RESOLVED that construction of the Project is an integral part of the County's long range planning effort, and is included in the Transportation Element of the County's Comprehensive Plan for Growth Management, as approved by the Florida Department of Community Affairs, AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the Project, and the costs associated with the design, property rights acquisition, and construction of the project, as well as public safety and welfare considerations associated with the design and construction of the Project, and various impacts to the environment, and the Board finds that after consideration of these issues, the most feasible locations for construction of the proposed improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that in order to construct the Project as designed, it is necessary for the Board to acquire various real property interests described in Exhibit "A" to wit: fee simple title interests and/or those perpetual easement interests. AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately acquire by gift, purchase or condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida Statutes, the above referenced real property interests more particularly described in Exhibit "A," attached hereto and incorporated herein. AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought to be acquired and therefore it will not be necessary to remove any mobile homes from the property to be acquired, This Resolution, adopted on this _ day of , 2005, after motion, second and majority vote supersedes and replaces Resolution No, 2005-212. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W, COYLE, CHAIRMAN Page 2 Agenda Item No, 10C October 11. 2005 Page 29 of 107 Approved as to form and legal sufficiency: ~~t~~ Ellen Chadwell Assistant County Attorney Page 3 EXHIBIT .~ Page...L or..2!. Agenda Item No. 10C October 11 . 2005 Page 30 of 107 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 101 PROPf:RTY OWNER: t.lHC-NAPLES ESTATES LIMITED PARlNERSHIP REFERENCE: 0 R. 2476. PC;. 2427 AREA OF TAKE: 0,58 ACRES :I: PERPETUAL. NON-EXCLlJSIVE ROAD RIGHT-OF-WAY. DRAINAGE AKJUTUTY ~ ~ ..... Z :::>;: (f)- I::!~ . ~~p VI L.J(!)f- cQ..~ <5trj'e:: (!)- ~cti ffia: s: Ci: LJ 41 c:i ~ C -J :c:: Cl-~ OOlLJ O I . ~"t> :c:: lXJ . ttl0f5 a::Q..t: (!) .:::> .....-co ~I<) . t (f)COIXl ~Q... -J ..... -J t> s: ~ e:: MA TCHLlNE SEE SHEET 2 OF J ~ ~I ~ 3\ J I ~:I ~ffi ~ UJ~ ~Vl .., :!:;:5 : I I ~~ ~3 1~2 -0 ~::l ~ "I ~ ~ o ~ I n : \~ I I~--:- I:C:::C: 0::0 ~a:: CO c8 :c::.... :::>'-.J o t> o o + .,jo '" 8 + '" '" 8 + o N +27,32 57.00'R 8 a:i UJ ~ :!: ... a ~ Vl <D ~ '" >- ~ ~ l/') ll:: .... ::l !"l Vl 0 o '" ~ , ' ~~ .... fd ~~ 8'" :z: +0.00 50,OO'R ;!: iii IX) !"l '" ll:l '" ~ <l: :2:1- 'C:2: ll::u........ I_O~~ ~ ),-"lI'J III ,-(;:5u.. I-J~ fJ ~~~<l: a::O:;;o:l ~ll::J::1I) IQ..~~~ io :t~ "! 0 .... ll:: ~ ll. '" , <0 !I'> ., p <5 <: I t"l I _u.i Ou "...: I I I I I I I 1 -Je ~lg ~& Qg: ~ 8 ~i Q :'E (f) ffi ~ 0:: ~ Q.. ~~ ~(',j ~c:.i (f)Q. ~IO ~" (/)'<t- 41~ (/)a:: 41ci cC ~ :c:: I t> :x: ~ T.C.E. = TEMPORARY CONSTRUCTION P,O.C. POINT OF COMMENCMENT P,O,B. = POINT OF BEGINNING R.O.W, = RIGHT-OF-WAY EASEMENT t:J.Q1L BEARINGS ARE BASED ON THE SURVEY BASEL/NE OF COUNTY BARN ROAD AS BEING N 00'34'56" W. LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 3 THIS lEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 101 CLIENT: COLLIER COUNTY TR NSPORTATlON DIVISION ....!J\ ::::RGNOU .....13 ::::: ~RBER Ii: ......13 ...... ...... RUNDAGE._ Prote.llonel engineers. planners. & land lurreyon CellHI' c:.tMIltr- 1Jatt. 100. noo ,........ 'I'nII. ".os: Naps.. PL MI. (,,,)It'I'-IlIL We c.-tr- nH c.-a... ...~. "'u 10'; ....ta......... f'L MI. (1..)141.....' c.uft_t. .t ,~u.. ..... W ... _II a .... pq: (",,--110I 8 8 E W, HACKNEY. .5.1.1. NO. 5606 SCALE: 1'" 100' DATE: MAY 6. 2005 DRAWN BY: ----!lAt:i PROJECT NO.: 8081-CBR ACAD NO:9073-SD101 fiLE NO: 9073 BY: EXHIBIT-d- Page~ of..:JJ:... Agenda Item No.1 OC October 11. 2005 Page 31 of 107 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, PLORIDA PARCE:L NO. 101 PROPERTY OWNER: t.lHC-NAPlES ESTAlES W.lITED PARTNERSHIP REFERENCE: O.R. 247e, PC. 2427 AREA OF TAKE: 0511 ACRES :I: ~ .~ No ~ (j III P.O.B. ) L.J Z ::J 8 J :k t . 15 ~ PI & n S ,.. If '" I ll:) :z j; :Ii ~ I 0 z a:: ; \ I )... ~ -~ :k ~ '< ~"g: <:1- tI\ 15~iii 1Jj:e ~ . co Cl Q... ~ I 8'" Z I->'~!Il ~ 8 ~ I I :z J:: ....~ ei Vl C'\! + -J ~ ~~~o( I- -~~~ 1~~2~ ~ ~ I~~~e a:: ::::J:: 0<: a: lIl- t- 0 . & '< ~ cb. S I I~-:- ~~ IC:~ ~ ll:: ~~~ " Q" I ~o 'OJ co -C'\! ~01- ~ I ii5 a:: '" '" ~0 L.J ,.: ll: oQ..~ 51 ~b 01 ~ ~ . V)l1.. c5";~ -J 0 ~ ~ I=! to' ~~c loJ <.:l- 0( . ?Ii ~~ ~rxi a:l co 8 8 I I C,J )... !'> ~C'\! 1..:lCl.: ~ ... :z --0J e'l S ~ 8 1 VIa:: a: '" I ~o ~ '<( ~ I I Co I , l- t.) ~~~ l'1. Si I << ~L.J I _Lo.i " ~t 00 ~ I <:1_ t-......: o t- in~ I G:l~ o~~::J CJ~ ----g ~ ~ 0::& 1 0: 8: ~: I I ~I S PERPETUAL. NON-EXCWSIVE RCW) RlGHT-OFoW\V, ~GE NIlJ U1IJ1Y ~ MA TCHUNE EASEMENT SEE SHEET 1 OF .3 li!2IE:i.. BEARINGS ARE BASED ON THE SURVEY BASELINE OF COUNTY BARN ROAD AS BEING N 00'34'56" W. LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 3 THIS LEGAL DESCRIPT10N AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 101 CLIENT: COLLIER COUNTY TR SPORTAll0N DIVISION T.C.E. = TEMPORARY CONSTRUCTlON P.O.C. = POINT OF COMMENCMENT P.O.B. - POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY ..... .... .... ..... ..... ..... ...... :::::: UNDAGE~ Prol...tonal eJlll!n-.... pJanne.... . land .......yot'll _ _ _ _ T4llCl ...- .... ._ .._ '" ..,.. (...,......111 .... =.-:r ==::-.:~ =:. '=" n.14': t== BY: G OR E . HACKNE . P.S,M. NO. 5606 SCALE: ,. - 100' DATE: MAY 6. 2005 DRAWN BY:--ilAIi PROJECT NO.: BOB1-CaR ACAD N0:907J-SD101A FILE NO: 9073 EXHIBIT A Page-l... of-Za.. .,. Agenda Item No.1 OC October 11, 2005 Page 32 of 107 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION (ROAOWA Y, DRAINAGE AND UTILITY EASEMENT) PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUN TY. FLORIDA, BEING MORE PAR TrCULARL Y DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHweSTERLY CORNER OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2476. PAGE 2427, PUBLIC RECORDS OF COLlIER COUNTY, FLORIDA, SAID CORNER LYING ON THE EASTERL Y RIGHT OF WA Y LINE OF COUNTY BARN ROAD (lao' R.O, W,); THENCE SOUTH 00'J4'56" EAST ALONG SAID EASTERLY RIGHT OF WAY UNE A OISTANCE OF 1694,88 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE NORTH 01'08'56' EAST A DISTANCE OF 827.66 FEET: THENCE SOUTH 89'.38'51' weST A DISTANCE OF 8.00 FEET; THENCE NORTH 00'J4'56" WEST ALONG A LINE 17,00 FEET EASTERLY FROM AND PARALLEL WITH SAID RIGHT OF WAY UNE A DISTANCE OF 867.16 FEET TO AN INTERSECTION WITH THE NORTHERL Y LINE OF THE AFORESAID PARCEL; THENCE NORTH 89'11 '52" WEST ALONG SAID NORTHERL Y LINE A DISTANCE OF 17,00 FEET TO AN INTERSECTION WITH THE AFORESAID RIGHT OF WA Y LINE AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0,58 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. PERPEn.w.. NON-ExcwsIvE RCW> RlGHToOf-My, DRAINAGE AND UTIJTY E.+"'""'\IEHT ....!J\ ::::H.GNOU .....(3 ..... ..... \\RBER to ......R ...... ...... UNDAGE..... Prof...ional engineers, plannt!lnl, '" land surveyors CoDMr c-.\1' htL. lOG, '-'GO 1..w.1 TniI. "~ H..... n. N'oe (':110)11"_1111 Lee c...tr: MIQ c...allt ..... .....-. loai ....ta ......... n. INI16 (1H)t48-HU ~ ., ...u..wt...tMIl ..... UI ..... at . .... '101 (1U)IIM-I:IOlI LEGAL DESCRIPTION AND SKETCH SHEET 3 OF 3 DESCRIPTION: PARCEL 101 CLIENT: COLLIER COUNTY TRAN~ORT~TlON DIVISION : ~//I THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: B/22/05 BY: GE6~GE. V( HAIt!SNEY. P,S,M, NO, 5606 SCALE: N.T.S, DATI:: MAY 6, 2005 DRAWN BY:~ PROJECT NO.: B081-CBR ACAD NO: 9073 SD1D1A FILE NO: 9073 SECTION 17, PARCEL NO, 701 PROPERTY OWNER: MHC-NAPLES EST^'TES UMl'TED P "RTll ERSHIP REFERENCE; 0 R 2476 PG. 2427 AREA OF TAKE: 060 "CRES :I: TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CON EXHIBIT ~ Page-!L of r; Agenda Item No. 1 DC October 11, 2005 Page 33 of 107 TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUN TY, FLORIDA MA TCHUNE SEE SHEET 2 OF 4 w ~ Q :s ~ c-'< OOlW 01 . ~rnu a1 (j e:; lo.Io.tt e5 '=:3 !--IX) "'C,., . . (l')lXIfO ,<A. ...J !- ~ ~ g: to Bj~ ~,., [5c:i NO. CO; 0::10 '<... Q~ 1i:a:: c:i o o + '" ~~ N~ O ~ (3 trl o o + 00 - o o + ,... L.J ~ ~ ...: !Xl :>- ~ ~ !k ~ . _W-:+t ~ a :g Ou f5 . "...: Vl '< ;::; - L.J 0 '" ~ ...JOel ~ D:;- w Ll.)lX...: 0:: " Uo ~ ~c::i ~ ~ ~~~ '<0: . Q.. ll: . ~~ ... i'i c...2. IX) t"l ~8 8 8 :iC'll ~- C/) ~ :J(j 8- (l')Q.. ~IO ~" ~ (1')'" 311: 6 wC'll . . Ii l/)O: <0'" :>- ~c::i ",0 ....,.~ ..... !"l", ~ ~ 8'" In ~ 2: lS 1 U ~ J: ~ ~ ~ Vl ~ o o + co g + LI) g + ..,. - g + '" o o + N - ______~J RA ffiESNAKE HAMMOCK ROAD (C.R. 864) (R.O. W. VARIES) ;: +69,00 50,00 R EXISTING NORTHERL Y R. O. W, UNE T.C.E. = P.O.C. P.O.B. R.O.W. EASEMENT .ti.QJI.;" BEARINGS ARf. 'E!:,A, SED ON THE SURVEY BASELINE OF COUNTY BARN R~ AS BEING N 00'34'56" W. LEGAL DESCRIPTION A'ND SKETCH SHEET 1 OF 4 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 701 CLIENT: COLLIER COUNTY TEMPORARY CONSTRUCTION POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY ..... .... .... ..... ..... ..... ...... :::::: UNDAGE._ Pro_...1 ."lIinee... pl. OIl."', .. I.nd .u......,.,.. CIIII_ en.fi1; ...... 100. 7" ,......, 1'rIIA. "...... H........ n. MUM C")I"~IU Eae CftaVI .... ~ ..... ..... 1011 ..... .,...... ... M.D (III)NI-MII ~ ., ............ JIM, Ja ... .. . .... 'Ul C-"-- G W. HACKNE P.S,M. NO. 5606 1" - 100' DATE: AUG. 22 2005 DRAWN BY:.-.lAl::l. PROJECT NO.: BOB1-CBR ACAD NO: 9073-50701 FILE NO: 9073 EXHIBIT A page--L of-2J:. TOWNSHIP 50 SOUTH, RANGE 26 COLLIER COUNTY, FLORIDA MA TCHLlNE SEE SHEET J OF 4 SECTION 17, PARCEL NO, 701 PROPERTY OWNER: MHC-NAPLES ESTATES LIMITED PARTNERSHIP REFERENCE: 0 R 2476 PC. 2427 AREA OF TAKE: 0,60 ACRES :I; <'4 f- ~ ;:):: (J)- ~ ob. ~2p (J) luc.;f- 00. ~ <St<)'g: <.:>- "Ccri eJa.: $: iE TEMPORARY CONSTRUCTION EASEMENT (DURAT1ON: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) LJ lu c:i ~ 0 -' Z O-"C OOlLJ 01 . S: " (.) zOJ . \1lc.;f5 0::0.1:E <.:l .:::> f--Q) "CI') . (J)crifO "Co. -' f- -' (.) $: "C g: +J7.28 77.00R +27.32 67,OO'R 0 ;;; o .; .; ~ ~ 1 ~ g I I I '" I ~:I ~~ .... 1...J:l: ~~ ..., z"l: "'I I-I...J : ~~ 3\ I eo:::; _O-:1=P~S ~ ..1 <D ~ N 0- '3 I \1 : I ~ \ I 0::-;' Iz~ 0::0 "CO:: Q). t8 z~ ;:) o (.) o o + .... N il: l.J . . ~ ~ Co Co ~ :" Ol Ol co co Vl :z: t5 '<( i!;.... ~GJ -Q~ 2~~ -J~~ ~eo>- (.)'<(.... O::C::J "'l:Q:~ Qeo::> ~ ~eo io ~ ~~ '" a ...: ...: C '" .., ll:: lI) co co 0- '<( IX> il: '" >- . ..., ~ '" ,OJ") OJ") ll:: <0 co ::> I'> p lI) 0 is :z: il: ~~ .-uj......... ",0 00+1 ;,.lci "j.,.;~ ~~ g"" [j85 0 :z: (.) lI) '<( 0::00 0 "Cg,<o + N o.g:~ N o o + o N +0,00 50.00'R ... Agenda Item NO.1 DC October 11, 2005 Page 34 of 107 fAST ~ : N'- H Q J: (J) f5 ~ 0:: "C 0. 0" ~~ 5'i:<'4 :J(j U)Q.. ~tO ~~ ~c-.. Vla:: ~c:i c[ "'l: Z I (.) :r: ::e T.C.E. = TEMPORARY CONSTRUCTION P.O.C. POINT OF COMMENCMENT P.O,S. = POINT OF BEGINNING R.O,W. = RIGHT-OF-WAY MA TCHLlNE EASEMENT SEE SHEET 1 OF 4 t!QJI:... BEARINGS ARE BASED ON THE SURVEY BASELINE OF COUNTY BARN ROAD AS BEING N 00'34'56' W. LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 4 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 701 CLIENT: COLLIER COUNTY TRANSPORTATION DIV1SI0N ....~ :::: eNOLI ..... ..... ..... ARBER & ......13 ...... ...... RUNDAGE..... pror...lonal engineer'3. planners. " land .uneyot"f CIIU1w c-.t,r. hit. 100. 7'-00 T.mI.... ,.,... ........; II...... PI. I4tOl (Ut)et7-.3111 w. ee-\rI IBM c-..dt ..... ...... 101; .....\a........ PI. 1&1. (............. CeI'Uftoat. ef hQr;M't_u.. ..... LI .... ... D .... hz (..)IeI-.... BY: GEOR E W. HACKNEY, .S.M. NO, 5606 SCALE: l' = 100' DATE: AUG, 27 2005 DRAWN 8Y:--JlAt! PROJECT NO.: B081-CBR ACAD NO:9073-SD701A FILE NO:~ 8/31/05 EXHIBIT A PageL of..1L Agenda Item NO.1 DC October 11, 2005 Page 35 of 107 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FlORIDA PARCEl. NO. . 701 PROPERTY OWNER: IolHC-NAPLES ESTATES UIolI"TEO P AR'nlERSHIP REFERENCE:: O.R 2476 PG 2427 ARE:A OF TAKE: 0.60 ACRES :l: P.D.C. P.D.B. \ IJJ Z ::) ... '" c . .... ..... ~ !fl l'l ;: .... 0> '" g: 00 00 VI ;?: )... i ~ gs Z ~.... ~~ ......Q 2>-= a.. ....~i':5 ~ L.J~c f5 UO::) ~Cl::1=: ~ Q@::> Cl::: VlQ ~ it) &~ u, <>!Cl:: ~~ " ~tt. l8 ~C'l 31: :::J(j ... . )g !no.. ~ ... ~IO ~ !"> ~...... 8 8 (I). '" ;?: LuC'l (I) a: ~o a.. '< '2: 6 i _l.ll-"' otJ'Ii ......O-:Vl 41 jj@~ UVl< Q::Oo oq:~<o Q..[e '" .., ... 0-- <:> ... ~~ N.... H o 91 ~ : I I ~ ~ I 8 ~ I I + ... -~-t1 !l 0- c 3\ I O::i ..I I ~ <:1 :: I III Q:: 91 ~8 I :2:- ~5'-' 8 I 'u ~ ., I , I- :: ~ffi ~': I~~ " Cl::c :: I 0_ o 0- ing ~J-r; ~::> ............-g"'1 ~I " ~ ~I " ... ;;r; ci Ii )-. 31: ~ )g~ ~ ;~ 8.... ~ ~ Bi t3 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM OOMMEHCEMENT OF CONSTRUCTION) C'l I- :z: ::3:: 1Il- ~ cb. <oC) ~-. LlJ(j1- Oa.~ 5rie: C)- oq:ai e5o.: s: 0:: lu Z ~ ~ )... ~ Cl:: Vl MA TCHUNE EASEMENT SEE SHEET 2 OF 4- wn:r.:.. BEARINGS ARE BASED ON THE SURVEY BASELINE OF COUNTY BARN ROAD AS BEING N 00'34'56" w. LEGAL DESCRIPTION AND SKETCH SHEET 3 OF 4 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPllON: PARCEL 701 CUENT: COLUER COUNTY TRANSPORTAllON DIVISION T.C.E. == TEMPORARY CONSTRUCTION P.O.C. POINT OF COMMENCMENT p.a.B. = POINT OF BEGINNING R.O.W. == RIGHT-OF-WAY ..... .... .... ..... ..... ..... ...... :::::: UNDAGE..... Prof...tonal eqia..n, planA""'. Ilk land ,urwyon c.III... ~ .... IN. .,400 ,...... TNIL """" "....... ... IM.II (a'''..,-Il 11 10M o...t.7'I etICI c.....t. ..... ..... 101: ..... ........ '" MI.. (...)tNt-.... ~ ef ~ ..... Ja 11M .. .. ...... Pal <_)MI-_ C EY. P .101. NO. 5606 ," '" '00' DATE: AUG. 22 2005 DRAWN BY:~ PROJECT NO.: 8081-CBR ACAD NO:l'I073-S0701B FILE NO: 9073 EXHIBIT A Page...1. of-Zt. Agenda Item No. 10C October 11. 2005 Page 36 of 107 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FlORIDA LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT) A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWESTERLY CORNER OF THAT PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2476. PAGE 2427. PUBLIC RECORDS OF COWER COUNTY, FLORIDA, SAID CORNER L Y1NC ON THE EASTERL Y RICH T OF WA Y LINE OF COUNTY BARN ROAD (100' R,O,W.); THENCE NORTH 89'11'52" WEST ALONG THE NORTHERL Y LINE OF SAID PARCEL A DISTANCE OF 17.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIB[O; THENCE LEA VlNG SAID NORTHERLY LINE SOUTH 00'J4'56" EAST ALONG A LINE 17,00 FEET EASTERLY FROM AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 867.16 FEET; THENCE NORTH 89'38'43" EAST A DISTANCE OF 8,00 FEET; THENCE SOUTH 01'08'56" WEST A DISTANCE OF 827.66 FEET TO AN INTERSECTION WITH SAID EASTERLY RICHT OF WA Y LINE; THENCE SOUTH 00'34'56" EAST ALONG SAID EASTERLY RIGHT OF WAY LINE A DISTANCE OF 931.00 FEET TO AN INTERSECTION WITH THE NORTHERLY RIGHT OF WAY LINE OF RA TTlESNAKE HAMMOCK ROAD; THENCE SOUTH 89'25'22" EAST ALONG SAID NORTHERL Y RIGHT OF WA Y LINE A DISTANCE OF 10,00 FEET; THENCE LEAVING SAID NORTHERLY RIGHT OF WA Y LINE NORTH 00'34'56' WEST ALONG A LINE 10.00 FEET EASTERLY FROM AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 931.06 FEET; THENCE NORTH 01'OB'56" EAST A DISTANCE OF 837.7B FEET; THENCE SOUTH 89'38'46" WEST A DISTANCE OF 8,31 FEET; THENCE NORTH 00'J4'56" WEST ALONG A LINE 27,00 FEET EASTERL Y FROM AND PARALLEL WITH SAfD EASTERLY RIGHT OF WAY LINE A DISTANCE OF 856,95 FEET TO AN INTERSECTION WITH THE NORTHERL Y LINE OF SAfD PARCEL; THENCE NORTH 89'11'52" WEST ALONG SAID NORTHERLY LINE A DISTANCE OF 10,00 FEfT TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0,60 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED, TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM C()MMENCeMENT OF CONSTRUCTION) ....i\. .... ::::_ft3GNOU ::::: ARBER & ...... ...... ...... RUNDAGE..... Profenlonal engln...,... planners. .1t land .urwtYOrll c.aw c-..." I"al.W lOCI. 7400 T.-.at TnII. NOI'UkI ".pIeI. PI. NIDI (~')a"'-IIII a- Cda'T- "" c...'CI\ ..... adte lIOJI ....te."..... J'L MIM (18I)Na"MU c-tIII_t.e ., ,........... "... UI ... ... _ .... ,... (..)IlM-IIIOI LEGAL DESCRIPTION AND. SKE;TGH' SHEET 4 OF 4 DESCRIPTION: PARCEL 701 ... CLIENT: COLLIER COUNTY T'3ANSPORTAT10N DIVISION : BY: ~ .a/ ", d B/31/05 GEO'R'l:;E W, HACKNEY. P!s:M, NO, 5606 SCALE: N. T.5. DA TE: AUG 22 2005 DRAWN BY:~ PROJECT NO,: SOSl-CBR ACAD NO: 9073-SD7018 FILE NO: 9073 THIS LEGAL DESCRIPT10N AND SKETCH PREPARED BY: EXHIBIT A Page~d.:J..t.. Agenda Item No, 10C October 11, 2005 Page 37 of 107 TEMPORARY CONSTRLJCnON EASEMENT (OURAnON: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTIOt .. PROJECT NO. 60101 PROJECT PARCEL NO. 'i}ofJ A I LEGAL DESCRIPTION AND SKETCH TEMPORARY CONSTRUCTION EASEMENT SECTION 17, TOWNSIDP 50 SOUTH, RANGE 26 EAST (NOT A SURVEY) THE EAST 10 FEET OF LOT .56. RIVIERA GOLF ESTATES. AS RECORDED ~ IN PLAT BOOK 13. PAGES 109-111. OF THE :::; PUBLIC RECORDS OF' COLLIER COUNTY FLORIDA. ~ t5 ~ ~ WEST PROPERTY UNE SHEET .L OF .L ~ ll!!l~ l.U :,,; <J: uj -.J a r::i 0 a 0 :3: ~ :<: (r <J: l.U uj l.U I c:c "- t.i l:l <I:l t:5 ci .... I.W <J: 0.. Ll. (J) c;j ~ <J: en -.J IIi ~ ~ 0.. :> .... lJ <J: g: LOT 456 LOT 455 RIVIERA GOLF ESTATES UNIT 2 P,B. 13, PG, 108-111 Ullrrs OF SUBDN/SION [EX/STING 25' DRAlHN;E EASEMENT (PER PLATJ ----------------- ----~-------------------- R/W LlnL _ /(1 CONSTRUCT/ON cASEMENT CONSTRUCTION 'EASEMENT _ _ _ R/W LIne l::l ~ ~ ~ !:) R/W FOR COUNTY BARN ROAD (C.R.268) EAST PROPEf(i( UHE & WESTERLY R/W UHE OF COUNTY BARN ROAD (CR 268) R/w-Llne LEGEND, RIW . RICHT OF WAY lS . LAND SURVEYOR lB . LICENSED BUSINESS P.B. . PLAT BOOK PC. . PAGE PSU . PROFESSIONAL SURVEYOR a MAPPER C.R. . COUNTY ROAD ~American 'ra Consulting Engineers of Florida, LLC 4111 Lond 0' Lsk.. Blvd. Suits 210 Land O' Laku, Florida 3463~ Phone: (813) ~98-2800 Fax: (813) 9~8.1908 Certlfioate of Authorlz.tion No. 7110 Joa/ C, MeGes, P,S,M. No. 843D COILUIlR COUNTY DJlPARTNBNT Of' 'I'RANSPORTA.17ON DRAWN BY, JCM CHECKED BY, SP DRAWING DATE. 08-18'05 SCAL E I I.. 30 . EXHIBIT A PageL of.2i:... Agenda Item No. 10C October 11. 2005 Page 38 of 107 TEMPORARy CONSTRUCTION EAsEMENT C (DURATIClN: 3 YEARS FROM 0MMeNc::IIiiNT OF CONSTRUCTION) PROJECT NO, 60101 PROJECT PARCEL NO. ?t?a B LEGAL DESCRIPTION AND SKETCH TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST WEST PROPERTY UNE SHEET 1. OF 1. ~ ~ L---- LOT 456 RIVIERA GOLF ESTATES UNIT 2 P,B. 13, PG, 108-111 THE EAST 10 FEET OF LOT ~55. RIVIERA GOLF ESTATES. AS RECORDED IN PLAT BOOK 13. PAGES 108,1 II. OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. UMfTS OF SUBDNISION lu ~ ~ a: ~ ~ [EXISTING 25' DRNNN;E EASEUENT (PER PLATJ i:: ~ --------------- ---------------- LOT 455 LOT 454 R/W -.J.1 ne R/W LIne VI ~ ~ ::>. ~ Q R/W FOR COUNTY B#lN RON) (C.R.268) EAST PROPERTY UNE & WESTERLY R/W UNE OF COUNTY BARN ROAD (eR 2681 LEGEND. RIW RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR B MAPPER Cone.. CONCRETE R/W LIne - I.i~n~~~~~~e~rs of Florida, LLC 4111 LBnd O' L.k.. Blvd. Sull. 210 LBnd O' Lakes, Florid. 34830 Phon.: (8131 998-2800 Fax: (813) 996-1908 Certlficst. of Authorization No. 7110 Jo.1 C, MeC.., p, S.M. No. 8430 cot..I.JBIl COUN7T DBPARTMENT OF 77lANSPORTA.770N DRAWN BY. JCU CHECKED BY, SP DRAWING DATE. 08-18-05 SCALE. 1-.30' EXHIBIT A Page.JL or-2K. Agenda Item No. 10C October 11, 2005 Page 39 of 107 TEMPORARY CONSTRUCTION EASEMENT (OURAnON: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) PROJECT NOI 60101 SHEET 1. Of 1. PROJECT PARCEL NOI ?Da.~ ~ LEGAL DESCRIPTION AND SKETCH · ~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOum RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 2 P.B. 13, PG. 108.11 WEST PROPERTY UNE THE EAST 10 FEET OF LOT 454, RIVIERA GOLF ESTATES. AS RECORDED IN PLAT BOOK 13. PACES IDe-I I I. OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIOA. LOT 455 ~ ::J ~ ~ ~ :t: [EXISTING 25' DRAlNN;E ~ EASEMENT (PER PLAn ~ ~ - ---------------- LOT 454 ~ t f5 LOT 453 ~ R/W LIne III ~ ~ ~ R/W FOR COUNTY BARN ROAD (C.R.2681 10' CONSTRUCTION EASEI/ENT EAST PROPERTY UNE & WESTERLY R/W UNE OF COUNTY BARN ROAD (CR 2681 LEGEND, RIW . RIGHT OF WAY LS 'LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT SOOK PC. . PAGE PSM . PROFESSIONAL SURVEYOR B MAPPER Cone.. CONCRETE R/W LIne - ~American "r.. Consulting Engineers of Florida, LLC 4111 Land 0' L.kes Blvd. Sull' 210 Land O' Lekas. Florid. 34639 Phone: (813) 998.2800 Fox: (813) 998.1908 Cortifloat. of Authoriulion No, 7110 Jo.1 C, MoG.., P,S.M, No, 8430 CfJLL/BR COUNTY DIlPA./lTHBNT Of" 7RitNSI'QIIlTA 770N DRAWN BY I JCM CHECKEO BY. SP DRAWING DATEI 08-18-05 SCALE. 1-'30' EXHIBIT-L9 Page..J.L ot2l Agenda Item No. 10C October 11. 2005 Page 40 of 107 TEMPORARY CONSTRUCTION EASEMENT (DURAllON: 3 YEARS FROM ~OMMENCBENT OF CONSTRUCTION) PROJECT NO. 60101 SHEET .LOF .L PROJECT PARCEL NO. 7 ()61 j) ~ LEGAL DESCRIPTION AND SKETCH · ~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) r..... SECTION 17, TOWNSIllP 50 SOUTH, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 2 P.B, 13, PG. 108-111 THE EAST 10 FEET OF LOT 453. RIVIERA GOLF ESTATES. AS RECORDED IN PLAT BOOK 13. PAGES 108-1 I I. OF THE PUBLIC RECORDS OF COlliER COUNTY FLORIDA. .... ~ t LOT 453 Cl: LOT 454 .... ~ :r:; ~ [EXISTING 25' DRAlNJGE EASEMENT (PER PLATI -- --------~------ ~ ~ \oJ ~ ~ i:: ~ LOT 452 R/W /0' CONSTRUCTION EASEMENT V> ~ ~ :.. :r:; ~ R/W FOR COUNTY BARN ROAD (CR. 268) EAST PROPERTY UNE & WESTERLY R/W UNE OF COUNTY BARN ROAD (CR.258J lEGEND. RIW RIGHT OF WAY lS . lAND SURVEYOR lB . lICENSED BUSINESS P. B. . PLAT BOOK PC. . PAGE PSM . PROFESSIONAL SURVEYOR 8 MAPPER Cone.. CONCRETE R/Wl.1ne II:~American .,'''" Consulting Engineers of Florida, LlC 4111 Land O' L.kes Blvd, Sulta 210 Land O' Lak... Florid. 3463Q Phon.: (813) 996-2800 FoK: (813) 998-1908 Cartlfio.t. 0( Authorization No, 1110 JOM C. MoG... P.S,M, No. 6430 COLLIER COUNTY DBPARTMENT ()11 TRA.NSPORTA77ON DRAWN BY. JCM CHECKED BY, SP DRAWING DATE. 08-18-05 SCALE. 1".30' EXHIBIT J) Page..Jd.. of-U Agenda Item NO.1 OC October 11, 2005 Page 41 of 107 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) PROJECT NO. 60101 SHEET J...OF J... PROJECT PARCEL NO. ') D())3:.. ~ LEGAL DESCRIPTION AND SKETCH ~ ~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSIDP 50 SOUTH, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 2 P,B. 13, PG, 108-111 THE EAST 10 FEET OF LOT 452. RIVIERA GOLF ESTATES. AS RECORDED IN PLAT BOOK 13, PAGES 108-) II, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. WEST PROPERTY UNE LOT 453 ~ :::. ~ ~ ~ Ii: LOT 452 ~ ~ :E LOT 451 ~ ~ :t: ~ :t: [ EXISTING ~5' DRAJNNiE ~ EASEMENT (PER PLATJ -- --------------- ---------- . R/W 10' CONSTRUCTION EASEMENT VI \!:I ~ :t: ~ R/W FOR COUNTY BARN ROAD (CR.268J EAST PROPERTY UNE & WESTERLY R/W UNE OF COUNTY BARN ROAD (CR.268J LEGEND. RIW . RI CHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PC. . PAGE PSM . PROFESSIONAL SURVEYOR B MAPPER Cone.. CONCRETE R/wUne ~~n~lt~~~~:~rs of Florida. LLC 41f1 Land O' l..k.. Blvd, Suit. 210 L.nd 0' L.ku. Florlcl. 34839 Phon.: (813J 998-2800 Fax: (813) 998-1908 Certificate of Authoriz8tion No. 7110 Jo.1 C, MoGu, P,S,M. No. 8430 COUJI1R COUNTT DBPA.RrM8NT (JII' TRANSPORTATION DRAWN BY. JCM CHECKED BY, SP DRAWING DATE. OB-f8-05 SCALE. '-'30' EXHIBITL Page--&' of..12: Agenda Item No. 10C October 11, 2005 Page 42 of 107 TEMPORARY ~("\NSTRUCTION EASEMENT "JURAllON: 3 YEARS FROM .",~NCEMENT OF CONSTRUCTlON) PROJECT NO. 60101 PROJECT PARCEL NOI 7fPCl f:"' SHUT .!... OF 1- ~ LEGAL DESCRIPTION AND SKETCH · L-.---" TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 2 P.B. 13, PG. 108-111 THE EAST 10 FEET OF LOT ~51. RIVIERA GOLF ESTATES. AS RECORDED IN PLAT BOOK 13. PAGES 108-11 I, OF THE PUBLIC RECOROS OF COLLIER COUNTY fLORIDA. ~WEST PROPERTY UNE LOT 452 ~ ).. Ii: &..J ~ ll. ~ &..J :!; -.J LOT 451 ~ ~ ll. :r: .... l5 'l!: LOT 450 [EXISTING 25' DRAJNN;E EASEUEIfl' (PER PLAT) -- --------------- ------.-.--- R/W 10' CONSTRUCTION EftSEUEIfl' \I) ~ ~ R/W FOR COUNTY BARN ROAD (CR. 2GB) EAST PROPERTY UNE & WESTERLY R/W UHE OF COUNTY BARN ROAD (CR.268) LEGE NO, RIW RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P. B. . PLAT BOOK PG. . PAGE PSM PROFESSIONAL SURVEYOR 8 MAPPER C.R. . COUNTY ROAD R/W Une- ~ American ..,. Consulting Engineers of Florida, LLC 4111 Land O' Lak.. Blyd. Sulta 210 Land O' Lak.., Florida 34839 Phon.: (813) 996-2800 Fax: (813) 998.1908 Certificate of Authorization No. 7110 Jool C, McG.a, P.S,M. No. 8430 C'OU.JER. COUNTY DBPARTHBNT OF 7JlANSIIORTA77ON DRAWN BY, JClA CHECKED BY. SP DRAWING DATEI 08-18-05 SCALE, 1-'30' EXHIBIT A Page-1L 0lZI Agenda Item No. 10C October 11, 2005 Page 43 of 107 TEMPORARY CONSTRUCTION EASEMENT (DURA"ON: 3 YEARS FROM COMt.ENCEMENT OF CONSTRUCTION' PROJECT NO, 60101 SHEET .LOF.L PROJECT PARCEL NO, rOd.. G- ~ LEGAL DESCRIPTION AND SKETCH · ~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSIDP 50 SOUTII, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 2 P.B. 13, PG. 108.111 R/W LIne .... ~ ~ a: ~ ~ ~ LOT 450 THE EAST 10 FEET OF LOT ~SO. RIVIERA GOLF ESTATES. AS RECORDED IN PLAT BOOK 13. PAGES IDe-I II. OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. LOT 451 [EXISTING 25' DRAlNN3E EASEMENT (PER PIAn ---- ---------------------- 10" CONSTRUCTION EASEMENT II) !!:! ~ :t: !s R/W FOR COUNTY BARN ROAD lC.R.268J EAST PROPERTY UNE & WESTERLY R/W UNE OF COUNTY BARN ROAD (C.R.268) LEGENDI RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PC. . PAGE PSM . PROFESSIONAL SURVEYOR 8 MAPPER C.R. . COUNTY ROAD R/WIJne ~~n~I~~~~~e~rs of Florida, LLC 4111 hnd O' L.kes Blvd. Suit. 210 Land 0' L.k... Florid. 3463G Phon.: (813) 9G6-2800 Fox: (613) GG6-1G06 Cart/ficat. of Authorlzetion No, 7110 Jo.1 C. McG.., P,$,M, No. 6430 COUlllR COUNTY DBPARTNBNT Of' 7'RA.NSPOIlTA'I7ON DRAWN BY' JCM CHECKED BYI SP DRAWING OATEI 08-18-05 SCALE. '-.30' EXHIBIT 11 Page..J2. of..2&:. Agenda Item No. 10C October 11. 2005 Page 44 of 107 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) PROJECT NO. 60101 PROJECT PARCEL NO. ~oa H SHEET 1. OF 1. ~ LEGAL DESCRIPTION AND SKETCH · ~ TEMPORARY CONS1RUCTION EASEMENT (NOT A SURVEY) ~ SECTION 17, TOWNSIllP 50 SOUTH, RANGE 26 EAST THE EAST 10 FEET OF LOT ~49. RIVIERA GOLF ESTATES, AS RECORDED IN PLAT BOOK 13. PAGES loa-I I I. OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. RIVIERA GOLF ESTATES UNIT 2 P.B. 13, PG. 108-111 LOT 449 LOT 450 LOT 447 [EXISTING 25' DRAlNN;E EASEUENT (PER PLAT) --- ---------------- ----------- ---- R/W LIne R/W FOR COUNTY BARN ROAD (C.R.2E8) ('N1[1T'H VARIES) 10' CONSTRUCTION EASEMENT EAST PROPEHT'Y UNE & WESTERLY R/W UNE OF COUNTY B~N ROAD (C.R.268) LEGEND. RIW RIGHT OF WAY LS . LAND SURVEYOR I R - I '(,EN P.B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR 8 MAPPER C.R. . COUNTY ROAD -E?/W Ll ne rij American 'ra Consulting Engineers of Florida. LLC 4111 Land 0' Lake. Blvd, Suit. 210 L.nd O' L.".... Florid. 3463g Phon.: (813) 996-2800 Fax: (813) gg8.1908 Certificate of Authorizfltion No. 7110 Jo.1 C, M.G...., P,S,M. No. 6430 COLI.I1lR COUNTY DBPARTMBNT OF TRANSPORTA77ON DRAWN BY. JCll! CHECKED BY. SP DRAWING DATE. 08-18-0S SCALE. 1".30' EXHIBIT_A Page~ ot2l Agenda Item NO.1 DC October 11, 2005 Page 45 of 107 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) PROJECT NO. 60101 PROJECT PARCEL NO. i70ax SHEET .LOF .i ~ LEGAL DESCRIPTION AND SKETCH · 1.-- TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST RIVIERA GOLF ESTATES ~. UNIT 2 :~~ P.B. 13, PG. 108-111 .{)~4;<-./1 ~ :;j t e5 ~ 0.: :!:: ~ THE EAST 10 FEET OF LOT ~Z9. RIVIERA GOLF ESTATES. AS RECORDED IN PLAT BOOK 13. PAGES 108-1 I I, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. LOT 429 ~ :J t ~ ~ ll.. :!:: ~ ,.. LOT 432 LOT 428 LEGEND. RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR 8 MAPPER C.R. . COUNTY ROAD [EXISTING 25' DRAlNN;E EASEMENT (PER PLATJ ----------------- ---------- ------------~-------------------- R/W LIne 10' CONSTRUCTION EASEMe.NT EAST PROPERTY UNE & WESTERLY R/W UNE OF COUNTY BARN ROAD (CR.268J R/W FOR COUIfl'Y BARN ROAD (CR.268J /WIDTH VARIESJ R/W LIne - ~ [:n~I~~~~~e~rs of Florida. LLC 4111 L.nd O' L.k.. Blvd. Sull. 210 C'OLLIBR COUNTY Phone: mf) ~~~~::~o F~~~~i8~j~3:9S.1908 DBPARrHBNr OF 'I'IMNSPORTA7'ION Certific.t. of Authorize/Ion No. 7110 Jool C. McG.., P.S,M, No, 8430 DRAWN BY I JCM CHECKED BY. SP DRAWING DATE. 08-18-05 SCALE. 1-.30' EXHIBIT ...LL. Page-11. of...EZL. Agenda Item No 10C October 11, 2005 Page 46 of 107 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM ~()MMeNCEMENT OF CONSTRUCTION) PROJECT NO. 60101 PROJECT PARCEL NO'7 O~ ::r LEGAL DESCRIPTION AND SKETCH TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSIDP 50 SOUTH, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 2 P.B. 13, PG. 108-111 SHEET 1. OF 1. ~ ~~ THE EAST 10 FEET OF lOT ~28. RIVIERA GOLF ESTATES. AS RECORDED IN PLAT BOOK 13. PAGES 108-1 I I. OF THE PUBLIC RECORDS OF COlliER COUNTY FLORIDA. ~€~ ~ ~-6' LOT 428 LOT 429 ~ ~ ~ ll. J:: ~ ~ ~ ~ ~ i: g; :a: LOT 427 lEGEND. RIW RIGHT OF WAY lS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSU PROFESSIONAL SURVEYOR 8 MAPPER C.R. . COUNTY ROAD [EXI5rING 25'DRAlNKiE EASEMENT (FER PLAT! ------------ ------------------- ----------------- R/W Une 10" CONSTRUCTION EASEMENT EAST" PROPERTY UNE & WE5rERLY R/W liNE OF COUNTY BARN ROAD (CR. 2GB) R/W FOR COUNTY BARN ROAD (C.R.268J IWlaTH VARIES) R/W LIne fij American .,.. Consulting Engineers of Florida. LlC 4111 Land 0' Lak.. Blvd. Suite 210 Lend 0' Lek.., Florid. 341139 Phone: (813) 998-2800 Fax: (813) 998-1908 Certificate of AuthDrization No. 7110 Joel C. McGee, P,S,M. No, 6430 COLLIER COUNTY DBP..ulTNBNT OF TRANSPORTA.'1JON DRAWN BY. JCM CHECKED BY. SP DRAWING DATE. OB-18-05 SCAl E . I -. 30 . EXHIBIT_ J\ Page-Ll ~ Agenda Item No. 10C October 11, 2005 Page 47 of 107 TEMPORARY CONSTRUCTION EASEMENT (DURAnON: 3 YEARS FROM , 'MMENCeMENT OF CONSTRUCTION) PROJECT NOr 60101 SHEET 1. OF ..L PROJECT PARCEL NO. 'roe" ~ LEGAL DESCRIPTION AND SKETCH · ~ TEMPORARY CONSTRUCTION EASEMENT , (NOT A SURVEY) SECTION 17, TOWNSIDP 50 sourn, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 2 P.B. 13, PO. 108-111 THE EAST 10 FEET OF LOT 427. RIVIERA GOLF ESTATES. AS RECORDED IN PLAT BOOK 13. PAGES 108-1 I I. OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. ~ ::;:j t: ei ~ Cl.: ~ LOT 427 ~ ::J t: CI: ~ II ~ ~ LOT 428 LOT 426 [EXISTING 25' DRNNI(;E EASEI/ENT (PER PLATJ ------------------- ----------------- R/W LIne 10' CONSTRUCTION EASEI/EIff EAST PROPERTY UNf & WESTERLY R/W UHf OF COUNTY BARN ROAD (C.R.268J ~ R/W FOR COUNTY BARN ROAD fC.R.268) IW LEGEND. RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . lICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSM PROFESSIONAL SURVEYOR 8 MAPPER C.R. . COUNTY ROAD /W LIne - ~~n~I~~~~~e~rs of Floride, LLC 4111 L.nd O' L.k.. Blvd. Suit. 210 crx.LIBR COUNTY Phon.: ~:~:) ~~~~::go F~":~1(e3.,~~3:pS-1908 DBPAR7'M1lN7' (Jfi' 7'RA.NSPORT.4.77ON C.rti/ie.t. of Authoriu/ion No, 7110 Jo.1 C. McG.., P,S,M. No. 6430 DRAWN BY. JCM CHECKED BY. sp DRAWING DATE. OS-I8-05 SCAI.E. 1".30' EXHIBIT A Page-'.L of.22: TEMPORARY CONSTRUCTION EASEMENT (DURA11ON: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) PROJECT NO_ 60101 PROJECT PARCEL No.7 Od L LEGAL DESCRIPTION AND SKETCH TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSlllP 50 soum, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 2 P,B.13,PG.I08-111 THE EAST 10 FEET OF lOT 426. RIVIERA COlF ESTATES, AS RECORDED IN PLAT BOOK 13. PAGES 108-1 II, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. LOT 426 LOT 427 Agenda Item NO.1 DC October 11, 2005 Page 48 of 107 SH(;ET 1. OF 1. ~ ~~ Lu ~ ~ Lu ~ i LOT 425 [EXISTING 25' DRAINAGE EASEMENT (PER PLAT) -----~------------- ----------------- -----~----- LEGENDI RIW RIGHT OF WAY LS . lAND SURVEYOR LB . liCENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSU . PROFESSIONAL SURVEYOR 8 MAPPER C.R. . COUNTY ROAD R/W Une e R/W FOR COONTY BARN ROAD (CR.2681 R/W Une - f'ij American "a Consulting Engineers of Florida, LLC 4111 Land O' Lakes Blvd, Sull. 210 Land 0' L8ke~, Florida 34630 Phon.: (813) 996-2800 Fax: (BI3) U8-190B Certificate of AuthoriZl.tJon No. 7110 Joel C, MeG.., P,S,M. No, 6430 COLLIBR C()(JNTY DBPA.RTM/lNT OF 7'RAN$PORTATION 10' CONSTRllCTION EASEUfNT EAST PROPERTY UNf & WEST(;RLY R/W UNE OF' COONTY BARN ROAD {CR.268J DRAWN BYI JCIol CHECKED BY' SP DRAWING DATE. OS-IS-05 SCALE. 1 -.30' EXHIBIT A Page,,& ot:2I Agenda Item No. 10C October 11 , 2005 Page 49 of 107 TEMPORARY CONSTRUC'TlON EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) PROJECT NO. 60101 PROJECT PARCEL NO. 'IOC1 r\ SHEET 1. OF 1. ~ LEGAL DESCRIPTION AND SKETCH · L----- TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSIDP 50 SOUTH. RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 2 P.B. 13, PG. 108-111 THE EAST 10 FEET OF LOT ~25. RIVIERA GOLF ESTATES. AS RECORDED IN PLAT BOOK 13. PAGES 10B-! I I. OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. MARSEILLE DRIVE tZl ~ - ~ ::;: rn <:> ~ ::: ~""'d 07.~ 05"r ~ - ~ ~ ~ ~ WEST ~ PROPERTY UNE lJ.J ::J ~ ~ ~ ~ LOT 425 ~ on \0 ll. M ll. ..... ~ ~ 0 LOT 426 ....:l ~ [EXISTING 25' DRAfNNJE EASEMENT (PER PLATJ -----------~-------- ----------------- R/W Une IO'CONSTRUCT(ON EASEMENT EAST PROPERTY UNE & WESTERLY R/W UNE Or COUNTY BARN RON) (CR. 268) 6 RIW FOR COONTY BARN RON) (CR. 268) LEGEND. RIW . RIGHT OF WAY LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR 8 MAPPER C. R. . COUNTY ROAD DRAWN BY. JCM CHECKED BYt SP DRAWING DATE. 08-18-05 SCALE. 1".30' EXHIBIT..L Page.dL of-1E:. Agenda Item No. 10C October 11. 2005 Page 50 of 107 TEMPORARY CONSTRUCT1ON EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT Of CONSTRUCTION) PROJECT NO. 60101 PROJECT PARCEL NO. '7 Dc!). N LEGAL DESCRIPTION AND SKETCH TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 1 P.B, 12, PG. 110-111 SHEET .!...OF .!... ~ ~~ THE EAST 10 FEET OF LOT 365. RIVIERA GOLF ESTATES. UNIT ONE. AS RECORDED IN PLAT BOOK 12. PACES 110-111. OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. MARSEILLE DRIVE L PROPERTY UNE LOT 425 ~ ~ ll: l),J ~ a.. :t ~ l),J ~ ~ l5 ~ a.. ~I ~I [EXISTING 2S'DRNNN>E J EASEMENT (PER PLAn - -----------------~- LOT 365 w ~~ WW ~~ U R/W LIne 10' CONSTRUCTION EASEMENT EAST PROPERTY UNE & WESTERLY R/W UHE Of COUIffY BARN ROAD (CR. 268) s R/W FOR CCXJIffY BARN ROI>lJ (CR. 268) S) LECEND. RIW . RIGH 0 WAY LS . lAND SURVEYOR lB . lICENSED BUSINESS P.B. . PLAT BOOK PC. . PAGE PSM . PROFESSIONAL SURVEYOR 8 MAPPER C.R. . COUNTY ROAD R/W LIne - ~ ~~I~~~~~e~rs of Florida, LLC 4111 Land O' Lahs Blvd. Suit. 210 tXJLLIER COUNTY Phona: ~:~:) ~~~~::~o F~~r:~(B~W:9B-1908 DIlP.IIRTJIIENT OP TRANSPORT.II77ON Certificate of AuthorJxstJon No. 7110 Jo.' C, MaG.., P,S,/'/, No, 6430 DRAWN BYa JC'" CHECKED BYI SP DRAWING DATEa OB-18-0S SCALEa '-.30' EXHIBIT4 Pa~ d~ of - Agenda Item No. 10C October 11, 2005 Page 51 of 107 TEMPORARY CONSTRucnON EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTlON) PROJECT NO. 60101 PROJECT PARCEL NOr 70~ 0 SHEET L OF ..1... ~ LEGAL DESCRIPTION AND SKETCH III ~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSIllP 50 SOUTH, RANGE 26 EAST RlVIERA GOLF ESTATES UNIT 1 P.B. 12,PG. 110.111 THE EAST 10 FEET OF LOT 3~3. RIVIERA GOLF ESTATES. UNIT ONE. AS RECORDED IN PLAT BOOK 12. PAGES 110-111. OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. MARSEILLE DRIVE L PROPERTY UNf !~ t.llr"-l ~i U \:i ::::i ~ \lJ I~ ::t: I~ LOT 343 \:i ::::i ~ ll:: ~ !l. ~ ~ ::!: . LOT 342 [EXISTING 25' DRAJNNOE EASEMENT (PER PLATJ ----------~ ----------------- ----------------- ~ R/W FOR COUNTY BARN ROAD (e.li. 268) fWlt:ffH VARIES} 10' CONSTRUCTION EASEMENT EAST PROPERTY UHE & WESTERLY R/W UNf OF COUNTY BARN ROAD (CR. 268J LEGEND. LS . LAND SURVEYOR LB . LICENSED BUSINESS P. B. . PLAT BOOK PG. . PAGE PSW . PROFESSIONAL SURVEYOR a MAPPER C.R. . COUNTY ROAD DRAWN BY, JCW CHECKED BY. SP DRAWING DATE. OB-18-05 SCALE, 1-.]0' Agenda Item No. 10C October 11. 2005 Page 52 of 107 EXHIBIT A ~ d3 of...:z..t TEMPORARY CONSTRUCTlON EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) PROJECT NOz 60101 PROJECT PARCEL NO_ '1 08 ~ LEGAL DESCRIPTION AND SKETCH TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 1 P,B, 12, PG, 110-111 SHEa .L OF .L ~ ~~ THE EAST 10 FEET OF LOT 3~2. RIVIERA GOLF ESTATES. UNIT ONE. AS RECORDED IN PLAT BOOK 12. PAGES 110-11 I, OF THE PUBLIC RECORDS OF COlLIER COUNTY FLORIDA. MARSEILLE DRIVE L PROPERTY UNE ~ ~ ~ :t :t 'b ;g LOT 343 el LOT 342 ~ ~ ~ LOT 341 ::0 ~ ~ ~ t: ::0: ~ [EX/STING 25' DRAfN/JCE EASEftlENT (PER PlAT) ---- ------------------ COUNTY BARN ROAD (C.R. 268) R/W POR COUNTY BARN ROAD (CR. 268) (WIDTH VARIES) /0' CONSTRUCT/ON f.ASEftlENT f.A5T PROPERTY UNE & WESTERLY R/W UNf OF COUNTY BARN ROAD (CR. 268) s LEGEND, LS . LAND SURVEYOR LB . LICENSED BUSINESS P.B. . PLAT BOOK PG. . PAGE PSM . PROFESSIONAL SURVEYOR 6 MAPPER C.R. . COUNTY ROAD /W LIne - fij American .,.. Consulting Engineers of Florida, LLC 4111 Lind O' Lakl. Blvd. Sultl 210 Land 0' Likes, Florida 34639 Phone: (813) 998-2800 Fu: (813) US-'908 Certificate of Authorization No. 7110 Jo./ C. McGee. P,S.M. No, 6430 CfJLL/1lR COUNTY DBP.ARTNBNT OF TRANSPORTA.. TJON DRAWN BY_ JCM CHECKED BY' SP DRAWING DATE_ 08-18-05 SCALE, 1-.30' EXHIBIT~_~ Paged&.. 0i.:2[ Agenda Item No. 10C October 11 , 2005 Page 53 of 107 TEMPoRARY CONSTRUCTION EASEMENT (DURAnON: 3 YEARS FROM COMMENCeMENT OF CONSTRUCTION) MARSEILLE DRIVE ~ :J: ." ~ "' ~ 'i "' LOT 341 PROJECT NO. 60101 PROJECT PARCEL NO. 7Da. Q LEGAL DESCRIPTION AND SKETCH TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSIDP 50 SOUTH, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT I P.B. 12, PG. 1I0-111 THE EAST 10 FEET OF LOT 3.1. RIVIERA GOLF ESTATES, UNIT ONE, AS RECORDED IN PLAT BOOK 12, PAGES 110-11 I, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. LOT 342 LOT 340 ---------------------- [EXISTING 25' DRAlNNJE EASEUENT (PER PLAT) ---- -------------------- - -- - -----. COUNlY BARN ROAD (C.R. 268) s R/W FOR COUNTY BARN ROAD (C.R. 268) (WIDTH VARIES) 10" CONSTRUCTION E ASEUENT EAST PROPERTY UNE " WESTERLY R/W UNE OF COUNTY BARN ROAD (C.R. 2681 LEGEND. RIW . RICHT OF WAY LS . LAND SURVEYOR SI R/W ~AmeriCan . "'A: COnsulting Engineers of Florida, LLC 4111 Land 0' Lob. Blvd, Suite 210 L.nd O' L.ke.. Florida 346U Phone: (813) 996~2800 Fax: (813) 998.1908 Certme.t. of Authorization No, 7110 Joel C. MeG.., P,S,M, No. 6430 Une- P.B. . PLAT BOOK PC. . PACE PSM . PROFESSIONAL SURVEYOR 8 MAPPER C. R. . COUNTY ROAD CO'I.LIIlR COUNTY DBPARTMBNr OF ~A77ON DRAWN BY. JCM CHECKED BY. SP DRAWING DATE. 08-18-05 SCALE. I -'3D' THE EAST 18 FEET OF THE SOUTH 12 FEET OF L RIVIERA GOLF ESTATES. UNIT ONE. AS RECORDED IN PLAT BOOK 12. PAGES 110-111. OF THE PUBLIC RECORDS OF COlLIER COUNTY FLORIDA. EXHI8IT~ Page~otK TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) PROJECT NO. 60101 PROJECT PARCEL NO. 70a K LEGAL DESCRIPTION AND SKETCH TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOum, RANGE 26 EAST RIVIERA GOLF ESTATES UNIT 1 P,B, 12, PG. 110-111 ~v~ ~~ LOT 341 "1a ~..... -s- ~ .., <;, ::;: ~ (" LOT 340 [EXISTING 25' DRAlN,6GE EASEUENT (PER PLAn ----- --------------------~--- R/W FOR COUNTY BARN RON; (CR. 268) IWlarH VARIES) ~ COUNTY BARN ROAD (C.R. 268) LEGENO. RIW RIGHT OF WAY LS LAND SURVEYOR NES Agenda Item No. 10C October 11, 2005 Page 54 of 107 SHEET 1. OF 1. ~ li!!l L---- LOT 339 EAST PROPERTY UNf &- WE!iTfRLY R/W UNE OF COUNTY BARN ROAD (CR. 268) P.B. . PLAT BOOK PG. PAGE PS~ . PROFESSIONAL SURVEYOR 8 MAPPER C.R. . COUNTY ROAD R/W Une fij American 'I'" Consulting Engineers of Florida, LLC 4111 L.nd O' Laka. Blvd. Suil. 210 L.nd O' L.ka., Florid. 34639 Phon., (813) 996-2600 Fax: (813) 996-1908 CerUficat8 of Authorization No. 7110 JOB! C, McGee. P,S,M, No, 6430 COLLIIJR COUNTY DBPARTJlBNT OF 'l'RANSPORTA77ON DRAWN BY I JCt.! CHECKED BY. SP DRAWING DATE. 08-18-05 SCALE. 1-'30' EXHIBIT A PageA of.2Z. ., I Agenda Item No. 10e October 11, 2005 Page 55 of 107 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 708 PROPERTY OWNER: DEAU\IIll.E LAKE ClUB REFERENCE: O.R, 1523, PC. 2149 AREA OF TAKE: 1575 sa, FT. :l: ~ 0 ~~ ~ 2: It) ~ ::>~ 80.. .....IC) LtOl ~~ uti o C\l I- Z ::>- - 1 ~ 1~C5 lU~ l:lCl) ~i5 "(~ I~~ JI:: I I"":) 0 ~ y 0: :n ~. ~ I h~ - AII~~~I ~., 0::- lJ~~ _ I I ~ti ~I I ~g : 2:'::" 31 18 ~~r ~ 3\ --- ~~ :< O. ~-p- ~~I- Oo..~ cSr-i'e:; C,:)- "'(IIi ~02 :s: iE CHARLEMAGNE BL \10. TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUe ;',:, o ~I ~ 3, .... I T.e.E. = P.O.c. P.O.B. R.O.W, TEMPORARY CONSTRUC~ON EASEMENT = POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ..... .... .... ..... ..... ..... ...... :::::: UNDAGE..... Prote..ionllJ enam-en. planDe,... _ land 8Urwyon CIIII.- c..\:1: ....w 100, .,...., "...... 'tNG, lit..... ......... n. tllOl _)1"-11 i. LN :=.:: ~ ::-Ja:.. =~:-. rL..:: t=:-= (j o 02 II) :;) o Q:) 1-0 l.J- 5~ "'(0.. Q: - l.J~ ~. ~lX! ~u :.f; ~~ N~ o ~ 5 89'04'26" E 40,0" lU ~ ::J ~ e5 & g: i:: gs ~ Lu 3: ~ ~ )... ~ Ct:: ~ t5 "(~ ~C5 ~Ol l5~ >o:~ ~ O:! t'II o<elU " ~0 ~~ ~ tiiil '" SQ. 11:::) b I') l:lC) l.Jt'II ;... ::110 ~~ f'l 8 :s:- ~ '" ;:)ci ~, .0 00 0 0 ... IIi d a.: L./f::If TABLE. WE WI!il1:1 ~ 11 75,00' 5 00"27'15' E: L2 21.00' N 89'32'45' f LJ 75,00' N 0077"5' W L4 21,00' 5 89'32'45' W PARCEL 708 PROPOSED T.c,r. (1.575 SQ. FT. :i:) ~ PARCEL B08 I PROPOSED DRAINAGE AND unLlTY EASEMENT I OF 2 BY: GEO GE W. HACKNEY, ,M. NO, 5606 SCALE: l' - 1 00' DATE: AUG :\1. 2005 DRAWN BY:~ PROJECT NO,: BOB1-CBR ACAD NO: 9073-SD708 FILE NO: 9073 EXHIBIT A page.sl:L of.!1$.. Agenda Item No, 10C October 11, 2005 Page 56 of 107 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION (TEMPORARY CONSTRUCT10N EASEMENT) A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING A T THE NOR THWES TERL Y CORNER OF THA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1523. PAGE 214-9. PUBLIC RECORDS OF COLLIER COUNTY, FlORIDA. SAID CORNER LYING ON THE EASTERLY RIGHT OF WAY LINE OF COUNTY BARN ROAD (100' R.O.W,); THENCE SOUTH 89'04'26" EAST ALONG THE NORTHERLY LINE OF SAID PARCEL A DISTANCE OF 40,01 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 00'27'15" EAST A DISTANCE OF 4-97,28 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING SOUTH 00"27'15" EAST ALONG A LINE 4-0,00 FEET EASTERL Y FROM AND PARALLEL WITH SAID RIGHT OF WA Y LINE A DISTANCE OF 75,00 FEET; THENCE NORTH 89'32'45" EAST A DISTANCE OF 21.00 FEET; THENCE NORTH 00'27'15" WEST ALONG A LINE 61,00 FEET EASTERL Y FROM AND PARALLEL WITH SAID RIGHT OF WAY LINE A DISTANCE OF 75,00 FEET; THENCE: SOUTH a9'32'45" WEST A DISTANCE OF 21,00 FEET TO THE: POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,575 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED, , TEMPORARY CONSTRUCTION EASEMENT ~RA~ON:3YEARSFROM C(MoENCEMENT OF CONSTRUCTION ....~ :::: ,NOU ..... ::::: ARBER &: ......& ...... ...... UNDAGE...~ Profetl.lonel engin..n, planneN. .AI: land 8urveyon c.tU_ c-all,p:: awN 100. 1'400 ,...~.... 1T1ID. l'IoWtIl= ....... n. 14111 (Z")IMI?-IU 11 LR C"'V! ..., c-.aa\ ...4,. hitii' loa; ....-......... n. 84'" (aH)NII-ena Cer'WIeoiIo'- iii .~ .... ta ..... .4 . ..... JUs ("')MI-1I01 LEGAL DESCRIPTION AND..sKtTGH SHEET 2 OF 2 DESCRIPTION: PARCEL 708 .., . CLIENT: COLLIER COUNTY ~ANSPOR!~TION DIVISION : BY: hA-/::;: g~>, GEORGE W, HACKNEY, ,1Q;,t,1, NO. 5606 SCALE: N. T S. DATE: t',UG. 31, 2005 DRAWN BY;.-JAM PROJECT NO,: BOB1-C8R ACAD NO: 9073-SD708 FILE NO: 9073 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: EXHIBIT A Page&of.....2! Agenda Item No. 10C October 11, 2005 Page 57 of 107 .. SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 80B PROPERTY OWNER: DEAUVlllE LAKE CLUB REFl:RENCf:: O,R. '~23. PO. 2149 AREA OF TAKE: 1.300 so rr :l: ~~ N~ O ~ (} V) PERPETUAL, NON-EXCLUSIVE DRAINAGe AND UTILITY EASEMENT C'l I- ~ ::>- - CI)- ~~. ~~~ V) !.uti I- ll..U ~~~ e,,- "(a:i Q::a.: ~ a:: ---~ CHARLEMAGNE BLVD. ---~ ~I o ... ~ gl I I ~ . I ~ '" :1 I g I +59.56 90,OO'R ~ :o~ I ~ !z +99,56 -, L,.J 90,OOR ~ -' I....J ~ ~ "I I ~~ ~~ ~~ 31 in i':! ~::, ~~ ~- "'q I III 10 - ~;:! "'... ----:-+-i 8 '" ~ I I ~ ~ ~ I I 31 I ; I~~ ~tio I I ~o: I~~ ::>'-' o It) .., 8 :1 ~ g, Oli ci Ii >- --' ~ lt} ~ ~ ~ ;::: lt} ~a ~ Q'5 >- ~ gs VJ cJ o cl ~ PARCEL 708 -'T PROPOSED T.C,E. N 89'32'45' E 5.00' i- 8 8 ~~'" g c::i q)~~+l '" ~ O_ti).-; 1Oii!i~Lo. "" l<J,..JQ , ~ !!1 ~li3t~ i:: i-- Q::!g~8 g 8 ~@s::)"1. ~ f.I) 2:~C <t: P.O.B. S 89'J2'45' W 5,00' 8 c:i .... ... ~ ~ ~i- 2 ~~ :r: Q~ b ).:<t: i-- :"(l<J l"< ~t 8 C32 ~ Il::::, ~Q ~~ B;<t: a 5 89'1'52' E 40,01' T.C.E. == TEMPORARY CONSTRUCTION EASEMENT I P.O.C. == POINT OF COMMENCMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY mO) ::>;. d- e:.., ~(!) "(Q. -J !.utr) ::I~ :s:- ::>0: L;s. 00 MHC-NAPLES ESTA TES LIMITED PARTNERSHIP O.R. 2476, PG. 2427 LEGAL DESCR.IPTION AND SKETCH SHEET 1 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 808 CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION NOU ER " · UNDAGE_ ProI_1cmal .ncIne..... plannera. .. Ian4 ._yon eoaa. ~ ..... IDO, '...,..... "l'hII. ,.... ...... JI, M1M <-_"Ill ... - .... -..... -... _ _. ... N1II (..~ o.u.w III ~ ..... L't -. ... a .... .... (____ BY; G 0 ~ . HACKN P,S.M, NO. 5606 SCALE: 1... 100' DA TE: AUG. 31. 2005 DRAWN BY:-->lAt:i PROJECT NO.:80B1-CBR ACAD NO: 9073 SD80B FILE NO: 9073 EXHIBII_iL Page.2 0[1[ Agenda Item No, 10C October 11, 2005 Page 58 of 107 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 fAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION (DRAINAGE AND UTILITY EASEMENT) A PARCEL OF LAND L VlNG IN SECTION 17. TOWNSHIP 50 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED' AS FOLLOWS; COMMENCING A T THE SOU TH WESTERL Y CORNER OF THA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 1523, PAGE 2149. PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SAID CORNER L VlNG ON THE EASTERL Y RIGHT OF WA Y LINE OF COUNTY BARN ROAD (700' R,O,W,); THENCE SOUTH 89'11'52" EAST ALONG THE SOUTHWESTfRL Y LINE OF SAID PARCEL A DISTANCE OF 40,01 FEET; THENCE LEA VlNG SAID SOUTHWESTfRL Y LINE NORTH 00'27'15" WEST A ' DISTANCE OF 505,44 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING NORTH 00'27'15" WEST A DISTANCE OF 260,00 FEET; THENCE NORTH 89'32'45" EAST A DISTANCE OF 5,00 FEET; THENCE SOUTH 00'27'15" EAST A DISTANCE OF 260,00 FEET; THENCE SOUTH 89'32'45' WEST A DISTANCE OF 5,00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,300 SQUARE FEET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED, PERPETUAL. NON-EXCLUSNE DRAINAGE AND UTILITY EASEMENT LEGAL DESCRIPTION AND SKETGHSHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 808 CLIENT: COLLIER COUNTY TR BY: UNDACE,DOC. Prot.ulona.l engineers, plannel"8, at land luneyon c:._ ~ "'te aDO. ,_ TuUamI TnII. tI~ 1Ca..... n. Nt~ (IM)U'7-llIl 1M c.aatr. tHO CMn.t --... lIWu tOl. ....... ........ JI. sun {__-WIll c..w.ao.ta eI MUMriutlioa ..... UII ..... .. . .... paz: (lDI)6M-1IOlII W, HACKNEY, S,"', NO, 5606 SCALE: N T S. DATE: AUG, 31, 2005 DRAWN BY:~ PROJECT NQ,:8081-C8R ACAD NO: 9073 SD808 FILE NO: 9073 EXHIBIT f-) ~ cY)~ Agenda Item No. 10C October 11, 2005 Page 59 of 107 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. '12 PROPERTY OWNER: WOOOMERE RAQUET CLUB REFERENCE: O.R. 26 PG 108 AREA OF' TAKE: 0.19 ACRES :I: PERPETlJAL, NON-EXCWSIVE R(W) RIGHT ..()F-MY, DRAINAGE AMI) UTlUTY EASEMENT WHITAKER ROAD ,.,., '- - 0 es ~ ~ !Xl ::: <:j :g [j<( o::Ell. eJ .. .Id~~ ).. (..:ht O<(t'\l ::: Ii ~ 0 +5.80 50.00 R ~ 8 N~ o ~ "'" ~~ z"'" ::><:j 8ll. o::ll'i ~~ ::j,.,., o Oli o Cl <( o ct~ ~o I <( , It~ z- ::>'-' d3 I ~ ~ ij V) " III >- ~ Q: Ul ~ <Ii 0..... 0'" "'i ~~ '" 3r:: ... :;:: ;,,'~ d ;..., ~ ci !'l Vl <.:> 8 ~ ." V) B !Xl ::> .....J Oco ,-0 Lu- ::><:j ~ll. ct. Lute 0::<'-1 Lu' ::E~ ao o ~ o o + ot' 1O CYNTHIA LANE o o + N 1O 3:: PARCEL 712 PROPOSED r.c.f:. ~lO ;.....~ 1"", 8'" ::t PARCEL 112 PROPOSED ROADWA Y, DRAINAGE AND UTILITY EASEMENT (0.19 ACRES :l:) I I ... ~~ "-' l,J~ _ ~-I <.:>"-' o <(Vl + ~~ ,OT J 19 ~ I " >- ~IQ:'" RIVIERA GOLD ESTATES I I~~ UNIT ONE N :::l PB 12, PG 110-111 ~ /TRACT "G" / / LOT J40 I N 89'04'25" W J5.01 DEAUVlLLE LAKE CLUB O.R. 1523, PG. 2149 P.O.C. POINT OF COMMENCMENT P.O.B. POINT OF BEGINNING R.Q.W. = RIGHT-OF-WAY LEGAL DESCRI~TfON- AND. SKETCH SHEET 1 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCJ;:l112 ::::_ CLIENT: COLLIER COUNTY TRAN 9RA TION .... ..... ..... ..... ...... :::::: RUNDAGE,_ Prof...lone) enatn..ra, plennerl. at land aurwyon c.m... c-.t,yc IIultl lOG, ,&GO fill...... Tna. ~ Hill'.'" tL ....lItl (nl}ID?-8.U \MI c.tIB\1! ft_ eoo-_t ..... hit. 1011. ...u... ......... n. MJ." ........-.... c.un.tlI ", .....u.....u.. ..... u .... ... a .... 'dl .......__ tK2If;. BEARINGS ARE BASED ON THE SURVEY BASELINE OF COUNTY BARN ROAD AS BEING N 00'27'15" W. SION BY: W. -HA KNE . P,S.M. NO. 5606 1" .. 100' DATE: AUG. 31 2005 DRAWN BY:-->lAt!. PROJECT NO.: 8081-CBR ACAD NO: 9073-SD112R FILE NO: 9073 EXHIBIT---LL P8ge..3,L ~ Agenda Item No. 10C October 11. 2005 Page 60 of 107 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION (ROADWA Y, DRAINA[;E AND UTILITY EASEMENT) A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; BEGINNING AT THE SOUTHWESTERLY CORNER OF THE WOODMERE RACQUET CLUB AS SHOWN IN CONDOMINIUM BOOK 26 PAGE 108 PUBLIC RECORDS OF COLLIER COUNTY FLORIDA; THENCE NORTH 00"27'15" WEST ALONG THE EASTERl Y RIGHT OF WAY LINE OF COUNTY BARN ROAD, (100' R.O.W.) A DISTANCE OF 47.3.00 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE SOUTH 04'40'43" EAST A DISTANCE OF 475.73 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF SAID WOODMERE RACQUET CLUB; THENCE NORTH 89"04'26" WEST ALONG SAID SOUTHERL Y LINE A DISTANCE OF 35.01 FEET TO AN INTERSECTION WITH SAID RIGHT OF WA Y LINE AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.19 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. PERPETUAL,~EXCLUSNE RO'D RIGHT .oF..wAY, DRAINAGE N'J UTLJ1Y EASEMEtoIT LEGAL DESCRIPTION ANQ- SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 112 ..... CUENT: COLLIER COUNTY TRA SPORTATlON DIVISION :::: GNOIJ ..... ::::: ARBER" ...... :::::: UNDAGEtDlC- Profe..lonal enginee.". plannen, &c land 'UJ"9leYO" CoUl_ c...t"T: hlw. '00. "'"00 TuNud TraM, )horlb~ ".pl... n. SUM (...)fin.11I1 1M C.-a\r. "" c-allt JaoM. .w.~ lOl: ..-itA......... J'L I4l_ (za.~-ee" c-utI... .r ..........ua ..... PI 11I4 .. D ..... 'am (......-.... BY: W. HACKNEY, P. .M. NO. 5606 SCALE: NT S. DATE: AUG. 31. 2005 DRAWN BY:~ PROJECT NO.: 8081-CBR ACAD NO:9073-SD11ZR FILE NO: 9073 EXHIBIT_A_ Page~ our Agenda Item No. 10C October 11, 2005 Page 61 of 107 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA EASEMENT J:I.J2IL.:. BEARINGS ARE BASED ON THE SURVEY BASELINE OF COUNTY BARN ROAD ASB(ING N 00027'15n W. LEGAL DESCRIFTIONANbSI".ETCH SHEET 1 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 712 CLIENT: COLLIER COUNTY TRA6SfQRTATJON DIVISION PARCfL NO. 712 PROPfRTY OWNfR: WOODMEljE R~~T CllJB REFERENCE: C 111, 2~. pi; 108 AREA OF TAKE: 404 SQ. fT :t: ,.,., I- ... 0 f:5 ~ ~ ~~(j ~ LI.l~ll. Qct " .Id~~ )..0,"" u<(<'-I Z Ii ~ 0 ~ d Ii >- ~ Vl '< I.<J <:> ~ it: r::: .' Vl ~ 10 13 't...;:! 1"10 8'" ." o o + .... \l'l CYNTHIA LANE ~ ~ ij Vl <( lIJ >- o ~ ~ ~ ct~ VJ ~O <(0 !Xlct ~8 ~- ::>'-' o o '"" ~~ z"'" ::><.:i OQ., o IYLC) t;j0l -...... ~"') 00: o 8 + N lO I I ... ~~ I.<J::;; - '-1 ~bj .6 ~i:5 LOT JJ9~1 I ~ E RIVIERA GOLD ESTATES I I in ~ UNIT ONE '" ;:) PB 12, PG 110-111 ~ /TRACT "G" / / LOT J40 I T.C,E. = P.O.C. P.O.B. R.O.W. TEMPORARY CONSTRUCTION POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY ..... ... .... ..... ..... ..... ...... :::::: RUNDAGE..... ProloHIo...l ell&inoe... pia""..., 01< land .uneyo.. c.uw c-.y.. .... -. ,... ,....... ,...... Her\lN ...... no 141.. (..._..... Ii .... c...'JI 1110 CMMa\ 11IM. ~\e tUI -"-Lta ......... n. 14111 (UI)HI-MH c.ruA.u. iff Au..........u.a M... ... MM ... U ..... 'aal (al)HI-UOI ~ ... , TEMPORARY CONSTRUCTION EASEMENT (DURAl10N: 3 VEARS FROM COMMENCEMENT OF CONSTRUCTION) WHITAKER ROAD ~ b 0 .... . N .... 0 LJ en .....J ::::> G dco V) 1-0 41- ::><.:i ~Q.. ct .. 4Jte Q::t'\l I.l.jc:xi ::Eu 8 ~ PARCEL 112 PROPOSED ROADWA Yo DRAINAGE AND UTILITY EASEMENT +99.65 80.00 R S 89'04'26" E: 7.73' PARCEL 712 PROPOSED T.e.E. (404 SQ. FT. z) N 04'40'43" W 104.95' S 00'27"5" E 104.48' P.O,B. N 04'40'43" W 67.87' S 89'04'26" E: 35.0" DEAUVlLLE LAKE CLUB O.R. 1523, PG. 2149 BY: W. HACKNEY, P ...... NO. 5606 1" _ 1 00' DAlE: AUG 31 20D5 DRAWN 6Y:--->!AIi PROJECT NO.:80B1-C~R ACAO NO: QQ73-S0712 FILE NO: 9073 EXHIBIT A Page.:2L of..!1.!I.. Agenda Item NO.1 OC October 11, 2005 Page 62 of 107 SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT) A PARCEL OF LAND LYING IN SECTION 17, TOWNSHIP SO SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWESTERLY CORNER OF THAT PARCtL DESCRIBED IN OFFICIAL RECORDS BOOK 1523, PAGE 2149, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE EASTERLY RIGHT OF WAY LINE OF COUNTY eARN ROAD (100' R.O.W.); THENCE SOUTH 89'04'26" EAST ALONG THE NORTHWESTERLY LINE OF SAID PARCEL A DISTANCE OF 3S.01 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE NORTH 04'40'43" WEST A DISTANCE OF 67.87 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING NORTH 04'40'4;'" WEST A DISTANCE OF 104.95 FrET; THENCE SOUTH 89'04'26" EAST A DISTANCE OF 7.73 FEET; THENCE SOUTH 00"27'15" EAST A DISTANCE OF 104.48 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREiN DESCRIBED; CONTAINING 404 SQUARE F'EET OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: LEGAL DESCRIp:nONAl'<ID :SR€:TCH SHEET 2 OF 2 DESCRIPllON: PAR~L712 CLIENT: COLLIER COUN1Y TRA~SP~TAlJON DIVISION .... .... .... ..... ..... .... ...... :::::: UNDAGE~ Prof...lonal .",m...... pia.....". " lazul 1\U'ftl'Ol'l ~~...~ =. ~~==:::~:l=~ c.ua-M ., ~.... II... JA IM6 ... _ MM ,.. (DI)IIe-aOI ~ BY: GE Y, P.S.M. NO, 5606 SCALE: N.T.S. DATE:~UQ 31 2005 DRAWN BY:-->IAtl. PROJECT NO.: BOBl CBR ACAD NO:9073-S0712 FILE NO: 9P73 EXHIBIT A ~ Y-l of 018' Agenda Item NO.1 OC October 11, 2005 Page 63 of 107 PERPE1'1JN.. NOH-EXClUSlVE ROAD fUGHT'.()F..w\Y, DRAINAGE All) UTIJTY EASEMENT PROJECT NO. &0101 PROJECT PARCEL NO. 113A I I I J I I I I I I J I I I I J I I ....--i "" R/W R/W UIII SHF:ET L OF L 25' .~ LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 17, TOWNSHIP 50 soum, RANGE 26 EAST COLLIER COUNlY, FLORIDA UGM. DlSCRIPTlCII' . '&ltC:EL IND. 1 UA ..Yl!l!!lt ~1 . .'ONI Of' ., L . L 'DR L . Lm.ur"IUSI,,"' p.a. . PLA' lOOK fIG. . ,* - . _ElSlQUl. _,lit. __ c.... . e..." IIIIOAD 0... I OJf'ICIAL ..CCItO TlC E&ST 2T 'EET tI TIC 'CILLDtIIllC DESCRIKD ~RT'. TIC NORI. E 12.. (If' tHE 5011'" IIZ. f# '- ... '/4. OF' Tilt .. 114. DII 1(e:"CIIt IT. '~I' to IClUTH. RMGI: 21 lAST, CaLlE" CClUNTT, FUIIID.I., LIb MD UCEJI'TINCI THE .IT I'" 'EIT ,HIM,CIf'. Me LEII AND ElC!I'TIJiIG THIE un 50 rUT AND nt[ SCIU'. 20 'IU T'-IIIC1F. _1T'1II1ittI't1ttTlM' I I I I I I I I I- ~ ~ \ \ NANCY & DELBERT ACKERMAN FOLIO NUBMER: 0042744007 O.R. 2436, PO. 1913 w f i i ~-------_L~~~__ ________________________________~_~_~I~~~~~_~-- zr - DR/W E.."" RJIt II =:::",_tCJI._ COUNTYBARNROAD (C.R 268) NW V. OF THE NW V. SECTION fl liE V. OF THE INf V. SECTION" 1 .<<L c.1ltMZ..1'SII I'tfIJFf$SDIN. _ AltO _R ,~ cc,""ICNe ..suo 1''''3American ~'.. ConlultJn; Engln..rt of Florid., LLC H 11 Lind 0' L.If" ahd. S"It. 210 L.nd 0' LUu, FlorId. 34Ull Phon..' (813J DllJ~I'OO Fu; rl1J) "..UI18 ~.rtmc.t. 01 Iouthorlz.t/on No. 7110 t::IDUIIlIl otKINTT Dlfll'AItTM1lNr 01' 7lUMRWTA:nI:W DRAWN !T. JCIl CKECKED BY. SP DRAWING DATE. 08-18'05 SCALE. 1",50' EXHIBIT A Page..15: of.2L Agenda Item No. 10C October 11. 2005 Page 64 of 107 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FR(;j'vi COMMENCEMENT OF CONSTRvu TION) PROJECT NO. 60101 PROJECT PARCEL NO. 713.A SHUT Lor L ~ LEGAL DESCRIPTION AND SKETCH :g ~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ~ RIW . RIGHT or ..n LS ' LAIm SURVEYOR LB , LICENSED BUSleS5 P.B. . PLAT IlODIt PC. . PAGE PSI< . PIlClf'ESSlllNAL SURVEYOR' IMPPER C.R. . COUNTY ROAD O.R. . Off ICIAL RECORD LEGAL DESCRIPTION, PARCEL NO. 713 THE IIEST 10 FEET OF THE EAST 50 FEET OF THE fOLLOWING DESCRIBED PROPERTY. THE NORTH 1 12. OF THE SOUTH I 12. Of' THE NW I I~, OF THE NW II~. OF SECTION 17, TOllNSHIP 50 SOUTH, RANGE 26 EAST. COlLIER COUNTT, FLORIDA, LESS AND EXCEPTING THE IlEST lOBS FEET THEREFOF, ANll LESS AND EXCEPTING THE EAST SD FEET AND THE SOUTH 20 FEET THEREOF. "E!3 _RTY /JIIE I I I I I r I I I f I J I I I i I I I I , I I I I I I , /z. J I- =-t aJ' ~ I J I , I I I I I I I \ \ e NANCY & DELBERT ACKERMAN FOLIO NUMBER: 0042744007 O,R. 2436, PG. 1913 ~ i i 10' CONSTRUCT'ION EASEMENT \.EAST =1l'TY UItE . rtESTE1IIJ' _ UItE OF aJ/J/tT'I _ IIDOD ICA_ Ex. R/W Ure -f COUNlY BARN ROAD (C.R. 268) NN ~ OF THe NN ~ SECTION 17 NE ~ OF THE NW ~ SECTION 17 R/W Ure fij American "a Consulting Engineers of Florida, LLC 41f1 L.n. 0' L.k.. Blvd. Suit. 210 LtJnd O' Lakea, Florida 34639 Phon.: (813) 998,2800 Fax: (813) 998,1908 C.rtlflests 01 Au/horlzstlon No. 7110 Jo.' C. McG... P.S.M. No. 6430 COLLIlfR COUNTY DBPARTM/lNT 01' ~A77ON R/W Urr: DRAWN BY. JCU CHECKED BY. SP DRAWING DATE. 08.18,05 SCALE. 1-,50' EXHIBIT A Page~ of.2.( Agenda Item NO.1 OC October 11, 2005 Page 65 of 107 PERPETUAL.. NON-EXCLUSIVE ORAlNAOE AND UTR.ITY EASEMENT PROJECT NO. 60101 PROJECT PARCEL NO. 813 LEGAL DESCRIPTION AND SKETCH DRAINAGEIUTILITY EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNIT, FLORIDA SHEET .L. OF .L. ~ li!l~ LEGAL DESCRIPTION. PARCEL NO. BI3 .!lli.!!2!.. Rill . RIGHT r1F WAT LS . LAO<<> $URVUOIl LB , LICENSED BUS'NESS ".B. . PIoAT 80DIt PG. , "AlIE psu ' PROFESS I ClNAI. SURVUOR B _R C.R. ' CllUNTY ROAD O.R. , Of'FICIAL RECORD THE WEST 13 FEET OF THE EAST 40 FEET OF THE FOLLOWING DESCRIBED PROPERTY. I I I I I , I I I I I I I I I I I I , ~ I I I I I I I , I I i I I I I I I I I , I , I ~ l- I I I~ I I J :~ I I I I~ I lu I RIW "" \ \ THE NORTH 112, OF THE SOUTH I 12, OF THE NW I /4, OF THE NW 1/4, Of SECTION '7. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA, LESS AND EXCEPTING THE WEST lOBS FEET THEREFOF. AND LESS AND EXCEPTING THE EAST 50 FEET AND THE SOUTH 20 FEET THEREOF. lI'EST Pll/JPfRTY /JlIE NANCY & DELBERT ACKERMAN FOLIO NUMBER: 0042744007 O.R. 2436, PG. 1913 ~ I i IJ'DRAlNN;E AND UTILITY EASEI/ENT LaJ//STNCTIOII EASEIIC.r ---------- \EAST -::",., UJlE . 'llCSTEIIIJ' fVf1 /J/IE OF C1>>ITY _ _ 1t'.R.Z68J RIW Urre COUNTY BARN ROAD (C.R. 268) /Nt ~ OF THE NW ~ OF SECT'KJN IT HE ~ OF THE NW ~ OF SECTION " IW ",,-- ~American "'a Consulting Enginllllrs of Florida, LLC 4111 L.nd 0' L.k.. Blvd. Suit. 210 Lend O' L.ku, FlorId. 34~39 Phon.: (813) iiS-2800 Fox: (813) gge,190B Celt/fica'. of AvthOrlZ8tJon No. 71 fO Joel C. MoGe., P.S.M, No. 8430 crJLL/1lR COUN7'T Dl/PARTMBNT 01" TRANSPOtRT....TION DRAWN BY. JCM CHECKED BY. Sp DRAWING DATE. 08-18-05 SCALE. J -'50' EXHIBIT~ ~ 31.0f2L PERPETlJAL, NON-EXClUSIVE= ROAD RIOHT~~Y, DRAlNN AND UTIUlY EASEMENT PROJECT NO. 60101 PROJECT PARCEL NO. 1138 Agenda Item NO.1 OC October 11, 2005 Page 66 of 107 SHEET .l...OF.l... ~ .~~ LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTII, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGEND. RIW . RIGHT or lIAT LS . LAND SlIRYETCIII LB . L ICEIISED BUSIIlESS I'.B. ' PLAT BDClIt P(l, . PAGE PSU . PROI'ESSIDIIAL SURYETCIII . IMPPER C.R. ' CDUIITY ROAD O.R. . OI'FICIAL RECORD I I I I I I I I /2' J I -=....., I-- I I ~ 1 I I I ~ Tf.MPOfIAIfY CONSTRUCTION EASEME,r ~ I I I ~ I.. i I!! I ~ I~ 1< '~ l....l Ii i ~ : I u I I I ' I I 40' PROFOSED R/WI I J I I I I COLL I Ell COUNTY O.R. 3795, PG. ]D9~ R/W U,. \~AST ~R7Y LWH rtEsreRlY Il/IIt IME: OF CaJIfTY _ //DAD rr:Jl._ a~_fGDtr:.Il.l6IJJ IfIIDTH V_51 LEllAL DESCRIPTlOII . PARCEL NO. 1138 THE 'lEST ~o FEET 01' THE EAST 90 FEtT 01' THE FOl.LIIWIIIC DESCRIBED PROPERTY. THE SOUTH 20 FEET 01' THE NORTH 1/2. OF' THE SOUTH 112, 01' THE ... I/~, OF' THE NW I/~. OF' SECT 1011 17 T_II' 50 SOUTH. RANGE 26 EAST. COLlIEII COUNTY, FLORIDA. NANCY . DELBERT ACKER....N O.R. 2~36, PG. '91] ~ CtJItSTtrXT I()II eASEllellT _-L--~______ -------~~~~;~~~~~~~~;--- "-~D f11Wf Uef: R/W U,. 11I1 ~ OF THe 1M ~ OF SEc:rOt 11 /IE ~ OF THC"" 14 OF SECTIOI/IT COUNTY BARN ROAD (C.R. 268) IV American .,. Consulting Engineers of FloTida, LLC 4111 Lon. 0' L.kes BI... Sul,. 210 L.n. 0' Lekas, Florid. 34839 Phon.: (813) 996,2800 F..: (813) 998,1908 Cert/floets of Authorization No. 7110 Joel C. MeG.., P.S.M. ND. 8430 ctJLUBR COUNTY DBPARTMBNT 0II17lANSPOIlTA'I'ION DRAWN BYa JCl.t CHECKED BYa SP DRAWING DATEa 08-18'05 SCALE. 1".50' EXHIBIT A Pagea of 7~ Agenda Item No. 10C October 11, 2005 Page 67 of 107 ~ CONSTRUC'T1ON~MENT (OURAl1ON: I . . FROM COMMeNCEMENT D' PROJECT NO, 60101 PROJECT PARCEL NO, 7138 SHEET 1. OF 1. ~ LEGAL DESCRIPTION AND SKETCH · L---- TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ~ II... , RIGHT OF WAY L S ' L &/Ill 5UlWEYOR LB 'L ICEIIS€D BUSIICSS 1', B. . PLAT lIOOK PG. . PAGE I'SU ' PAa'ESS 1 DNA!. SUllVEYOR B IlAPPER C, II, . COUNTY ROAD O,R, . OFr ICIA!. Ilf:cORIl UGAi. DU(:IlI I'll ON . PARCEL NO. T I SB THE .ST 90 rEET OF THE EAST 110 rEET OF TNE rDLLOIIING DESCRIBED PIIOI'EIITY. THE SOUTH 20 rEET OF THE NORTH 11'2, OF THE SOUTH 112. OF THE NW 1/4, OF THE NW 1/4. Of' SECTION Il. T_IP SO SOUTH, RANGE U EAST, COLLIER COUNTY, FLORIDA. COLLI ER COUNTY O. R. 3T95, PG. 3094 I I I I I I I i-- I I I I NANCY B DELBERT ACKERMAN 0.11. 2436, PG. 1913 ,r-CfIIIsrlllCrlDlllASEIIEJ/r _--L-______ R/W U,. , I I I \ \.:. ~RTY lAVE. \ '1J&f,'''jJ.''' Ji:f.tIt. //WI -------~~~~~~;,~~~~;;--- _D "", I.IItC - A/W Une ~ ~a:- IGtD /l:Jt,_ /'IIIDTH III11f1UJ I/fI % OF r/lf 11ft % OF SlCTIDII J1 IIt:Ir. OFT/lfllfllr. OFSEJ:1'lDIItr COUNTY BARN ROAD (C.R. 268) ~~n~I~~~~~e~rs of Florida. LLC 4111 Lend O' Lek.. Blvd. Sulle 210 Lend O' Lek... F/orlde 3H3P Phone: (813) US.28DO Fox: (11S) PH-IDOl Cerflflcefe of Aufhorlzation No. Tl10 Joel C. McS... p, S.M. No. 8430 COLUIlR COUNn" DBPARTJ///N7' Oil' 7Jt4N.1f1t.WTA71QN DRAWN BY. JCIA CHECKED BY I SP DRAWING DATE' 08-18-05 SCALE. I ",SO' EXHIBIT A P8ge~ of...22:. Agenda Item NO.1 OC October 11, 2005 Page 68 of 107 PERPE'1'\ML, NON-EXCLUSIVE ROAD RIGHT-OF-MY, DRAINAGE II<<) UTIlITY EASEMENT LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUrn, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET LOF L 30' .~ PROJECT NO. 60'01 PROJECT PARCEL NO, 114A ",[GAL DESCRIPTION - "MCtL NO. IIU ~ .... . RIGMT (If ., LS . UIlIJ su,rvU(lt LI . I.ICEN5ED 8USINUS '.1. . "'AT ... ~I . "AGE .... . MClP'E$SIDMIL ~'CII . Yll'P(R c.Il..c:cu.nllOAD a.A. . OHttl.... RECORD nc !Allor 2' FlEET or TN( 'CLLDWING DUCIIIIlD NlClPl:lltT. THl _Sf 31 r.!1 HEY VI TM[ laST "'.1 '[[1 OF '.c SOUTH I" OJ HIE SOUTH I II. or Till SW I'. or 1M[ s. 1/4 at' KeTION .. To.IUI" 10 soutH, RANI[ " EAST, COLLIER al.lNff. FLORIDA. LESS It. l' FOOT ROAD UK~1II1 AUIIO Till. saul" EDGE. 'HUEor. WEST f'ftOf'ElfT'f IJItE I I ~ F AITII APOSTOUC CHURCH, INC. FOLIO NUMBER: 00406280000 O.R. 2867, PG. 1415 ~ ~ i R/'If U,. LCOIISTIICTKJItI EASEllfltT ------- ---- A'" v.. 5711 ~ OF THE SW y" SE.CTION' SE ~ OF THE sw II. SEr:T/OI/ B COUN1Y BARN ROAD (C.R. 268) RIW u~ -I .aL c.MttiEE. f'SII I'IIOFESS/tlIfN. SlJNCmR /IIlD _It F_ CE/IT/FtCJ/TE &&01 If: American ~,.. Consulting Engineert of FlorId., lLC 4111 Lutd O' ld.. Blvd. Suit. 210 Land O' L.k... "'orld. 3.flUl Phon.; (113) U8..uOO Fu: ('13) U8-UO' c.,tmc.r. or Allthorlzdlon No. 7'f fO OOI.L/I/It 00fJNTT DI1PA/lTHIINT 01' ~Anr;w ORAIIN BY I JCIl CHECKEO BY I SP DRAWING DATE. oe-I e'05 SCALE. 1 ".60' Agenda Item No. 10C October 11. 2005 Page 69 of 107 EXHIBIT A ~ ,1ft) of..2E:. TEMPORARY CONSTRUCTION EASEMENT (DURAT1ON: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) PROJECT NO. 60101 SHEET 1. OF .L PROJECT PARCEL NO. 714A ~ LEGAL DESCRIPTION AND SKETCH .~ TEMPORARY CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 8, TOWNSlllP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ~ Will . WIGHT OF WAY L' . LAtlD suW"tvOR L8 . LICENSf:DBUSINESS ",8. . "UT 8DClK I'll. . "AOE I'SII , PlIOFESIIOIIAl. SURVi\YOR I UAJlPEW c.W. . COUNTY ROAD D.W. . llf'FICIIII. RECORD J rn:sr _",.., /JIIf I I 1 I 1 I I I T I LEOAl. DUCRIPTIOII ' PARCEL NO. T'. J I --' 1 THE lEST '0 FEET 01 THE EAST SO FEET 01 THE I : I nll.LCllIINll DESCRIIED PROPERTY. I _I I I THE lEST 31 T.5 FEET OF THE EAST 357.5 FEET OF THE .., i! ! I'" SOUTH 112 OF THE SOUTH '12 OF THE SW "4 01 THE Ii ,. 114 OF Sf:CTllIN., rOWNSHIP so SOUTH. WANGE 16 EAST. COUI!R COlPITr. FLllIIIDA. LESS" IS F/lOT ROAD EASEI€NT Al.DNCl THE SOUTH ElICE THEREOF. ~ I I I '" i I : Ii FAITH APOSTOLIC CHURCH, INC. I I I I FOLIO NUMBER: 00406280000 ~ I i I O.R. 2867, PO. 1415 I I />- 1 l~ I I II r! ...J..-I I I I: J I IO'CtJNST'RUCTION EASEAlENTl -U I I " 1 I " - I I I I 4L- ---L/J' ORA/NAGE.. UTILITY E.ASEIIEN1\ ~ J --~ - - .Lj ~ I fJ I \ I -r- ~ R,.-:~~~:gg~-r - R/W Une I ~ ::.. <:aIIfTY _ /ION) tCR._ trIIl1f'H __51 sw~ OF THE S1r ~ SECTION II COUN1Y BARN ROAD R/W ,,- I SE~ OF THE SW ~ SECTION B (C.R. 268) ~American DRAWN BY. .ICM ..,. Consulting Engineers of Florida, LLC CJOU.J1JR COUNTT CHECKED BY_ Sf> 4111 Land 0' LaIC.. Blvd. SUII. 210 Land 0' Lak.., Florid. HUg DIlPARTMllNr Oil' ~A7]QN' ORAwtHe DATE. OB-18"05 P~on.: (813) 996-2600 Fax: (813) 996-190B Certlfic.te of Authorization No. 7110 SCALE_ 1",60' Jo.1 C. MeGa.. P.S.M. No. 6430 EXHI BITL ~41 of...2Z: Agenda Item No. 10C October 11, 2005 Page 70 of 107 PERPElUAL, NON-EXCLUSIVE DRAINAGE AND l1TH..1TY EASEMENT PROJECT NO. 60101 PROJECT PARCEL NO. 81~ LEGAL DESCRIPTION AND SKETCH DRAINAGE, UTILITY EASEMENT (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET L OF L ...2Q:..., ~~ LEGEND. RIW ' RIGHT f1; ..n LS . LAIID SUIlV[YOR L8 'LICENSED BUSINESS 1'.8. , P1.AT IIODK I'G. , PAll[ ~ ' I'lIf1;ESSIOIIAl SURVEYOR I _R C.R. . C_TY ROAD O.R. . f1;FICIAL RECORO I I I ~ I ~ I , 1 I I I I 1 1 --, I I 1 J I 1 I -i....: ! 1 151 ,ttl I bll I I I I ~ I I 61 I 1 I I I I ~ ! (.s, ~@ i ~ : I ..L..j I I I I I I I , 1 , I I 1 weST ~1frr /J1fC LEGAl. Df:SCRII'TION . I'ARCEL NO. 114 TttE .ST 13 FEET OF TttE EAST .0 FEET OF THE FOlLORIIIIl DESCRIIIlD PROPERTY, TM[ .ST 31T.5 FEET OF TM[ EAST 367.s FEET OF TtlE SOUTH 112 f1; THE SOUTH 112 OF THE S. I I. OF THE S. II. f1; SECTION I, T_II' 50 SOUTH, RAIIG( 26 EAST, COlliER COUNTY, FLORIDA, LESS A IS FOOT ROAD EASEIot:NT ALlING THE SOUTH EDOE TttEREOF , FAITH APOSTOLIC CHURCH, INC. FOLIO NUMBER: 00406280000 O.R. 2867, PG. 1415 ~ f i /J'DRAlNJGE " iff/IffY EASEIIENT' "-;AST ~RrY /JI/E . rt!STEIlV'I//fI /JI/E OF ct1UIfTT _ ROI() 1t'Jl._ COLLIER COUNTY DIlPARTM11NT 01' ~A1TQlV COUNTY BARN ROAD (C.R. 268) DRAWN BY. JCM CHECKED BY. SP sw 'I. OF THE SW ~ Of' SECTION 8 SE ~ Of' THE SW ~ OF SECTION 8 DRAWING DATE, 08"18-05 SCALE. 1-,60' EXHIBIT-L Pege~ Cif.::Z[ Agenda Item No. 10C October 11, 2005 Page 71 of 107 R~~ NoN-exetUSIVE AND . ~ ..... ~y, ORAINAGf ..... ..... . T EASeMENT PROJECT NO. 60101 PROJECT PARCEL NO. II~B LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET J.. OF .L 20' .~ lEGAL DEICRI"TIDN . fIAIIIClL ~. 114' ~ t: , ~ S! ~ ~ ~ ~ : ~ 1 t: ! II 1 I i!; ! ~ 1 I I , I I I 1 : I -{-l I I I 'A"" UOSTOlIC CHUltOl, "c. 0.... JilT. po. I'" ..wi!!llJ. .,. .. 1lI1GHf ,. ., tl : t~~NESS 1t,1. . IlL'" aac:.. '0. .... '1M .. 1JIIICJf'IIIIOKAL IUM'IYOlt . IMPPER c.". .. CcutTY ROAD 0.11I. .. OffiCi.... M:CCIAO TME .[$T 10 fUT DI' 1M[ UST I GO 'In tJI TIC 50UTH IS nu OF TN[ 'Q..LOWINO OUCRIIED P'RCPEITY. THE .ST 1111., fE[1 aF THI lAST Jl7.5 n;n tr nc SOUTH 112 tI' TIC lOUTH I It tI THI 'I '" r:tI 'HE s. 1/4 tIT SECflClf e. TOIIitIHIP "0 $CUT". ItAtCiE 21 UST. CCl.Llllt C'CUfTY, fUIIIIDA. _TIN _0 G.ft. liT, N. 7" COUN1Y BARN ROAP (CoR. U8) ......L::~RUC~ASEllf.T L:~_~~_~:.u.:~,;: _f~,,!~T _fO RIW L/Nf: LrlMl !fO' _Iff, DIlAI1IAt;f:, . UTILITr fASEIIIi.T R/W Uno B E6. IVvt FOR r;aJltTf 8AIlJ/ f/OAIJ "'.II. _ /WIDTH VARIfSJ fAST PifrJl'ERrr U1IE: . WfSTfRLY RIW LIItf OF CW/trr _ RON) tr:.II. lti8J OF THE SW Y.I SECTION 8 OF THE SW Y.I SECTION 8 11M LIM .... c.-.e:. _ .....~--- ,,_ atrrll'tCM'f __ ~American .,~ Conaultlng Engln..r. of Florida, LLC 4111 L.nrJ O'l.k.. Blvd. Suit. 210 Lend 0' ldu, FlorId. .!If"", Pht"I.~ (1J13)OO'~.2'OD Fu: ('13) '01'-1'0. O.rtltlcut. of AllrhoTlz.lIol1 No. 11'0 COLLIllR COlIN'1T DltPAIITN1lN7''''' ~A7JI:W DRAIN B1, Jtll tHEt~ED Bl. SP DRA.ING DATE. 08'18'05 StALE, I .'~D' EXHI~IT ,A Page..Q or..zt. Agenda Item NO.1 OC October 11, 2005 Page 72 of 107 TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) PROJECT NO. 60101 PROJECT PARCEL NO. 714 B SHEET L OF .1.. .....1L LEGAL DESCRIPTION AND SKETCH · ~ TEMPORARY .CONSTRUCTION EASEMENT (NOT A SURVEY) SECTION 8, TOWNSlllP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA I I I::: I I f!; I ,~ I I ~ I I Q; i ~ ~ Ii :15 ~ J ~ ~ r ~ ~ i ~ ~ I, I I I 52' CONSTRUCTION EASEI,(~NT I I I I I I I I I I ,,1 I , I LEGAL DESCRIPTION - PARCEL NO. 71~ B THE WEST 52 FEET OF EAST 152 FEET OF THE SOUTH 15 FEET OF THE SW I I~ OF THE SW I I~ OF SECTION a, TOWNSHIP 50 SOUTH. RANGE 26 EAST. COLLIER COUNTY. FLORIDA. _TIN AoPPOLO O.A, 657. I'll. 717 ~EGtND, Rill . RIGHI OF WAY ~s . ~ANO SURVEYOR ~. . LICEIlSiO IlU51NES5 P... . PLAT 800It PO. . PAGE P90I . PROFESSIONAl. SURVEYOR. IMPP[A C.R. . CCUIlTY ROAD D.A. , OFFICIAL RECllRO LTlNG SO' ROADNAY, DRAINNiE, It UTlUTY EASEI/ENT R/W FOR COONTY BAlIN ROAD rc.R. 2681 /WIDTH VARIESI COUNTY BARN ROAD (C.R. 2611) R/W LlfIIl- - tfj American .,. Consulting Engineers of Florida. LLC 4111 Lend O' LBk.. Blvd. Suite 210 Land O' Lekes, FlorJd8 34639 Phone: (813) 008-2800 Fox: (813) 998,1008 Certlfioele 01 Authorization No. 7110 JOB' C. MCGee, P.S.M. No. 6430 ~ .... fAITH AI'OSTlX.IC CHUIICH. IIlC. O.A. 2167.. PC. 1415 ----L::'~F/l1CTION E~ I I ./"""PFiOPOSED DRAINNiE:, UTILITY EASEI/ENT i~ i I J_-;:~~:;;;'~/:E------- i~~: ~~ _L- __ R/W LIne !::: '" EAST PF/OI'ERTY LINE It lc lc WESTERLY RIW LINE: OF ~ ~ COONTY BAlIN ROAD (C.R. 268J ~ ~ sw ~ OF THE $W ~ SECTION 8 SE ~ OF THE $W ~ SECTION 8 COLl..IBIl COUNTY DBPART/IIllNT O/l' ~A77CW DRAWN BV. JCM CHECKED BV, Sp DRAWING DATE. 08-18-05 SCALE. 1-.40' EXHIBIT A ~ 41.f.. of....::J.Z Agenda Item NO.1 OC October 11. 2005 Page 73 of 107 n.M~1Wf( DRIVEWAV R"'<; 1,J"'- EASEMENT ":") '-- FROM (lJV l'(1\.T1Ca1 ~ClTDUCT10N) COMMEtIC..;~OI """-"" PROJECT NO. 60101 PROJECT PARCEL NO. 71~ C ~ .... ~ j i!: ~ SHEET .!.. OF .!.. ~ LEGAL DESCRIPTION AND SKETCH · ~ TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) SECTION 17, TOWNSIllP 50 sourn, RANGE 26 EAST COLLIER COUNTY, FLORIDA WEST PROPE.RTY LINE I ' I , ,t:, I : ~~ : : ~: I I I I I I I , I , I I I ~I I ...., I t:: I I ll: I I ~: r) Q; I I i!: I , ~: " I I I I I I I . -}--l I I I , I LEGAL DESCRIPTION - PARCEL NO, 714 C THE WEST 52 FEET OF EAST 152 FEET OF THE NORTH 15 FEET OF THE NW 1/4 OF THE NW I /4 OF SECTION 17, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTV. FLORIDA. MARTIN ROPPOLO FOLIO NUMBER: 00427320004 O.R- 657, PG. 797 S2' nUPORARY DRNEWAY R~srORATlON EASEMENT LX/STING so' /lOA/)i(Al', DIIA/NN;E " UTILITY EASEMENT ..!.lli!!!1.!. Rill . RIGHT OF WAT LS . LAND SUR1If:TOR LII . LICENSED BU51NESS P.II. , PUT 11001 PG. , PAG€ PSII . PIIOFESSIDIlAl. 5U1IYETllR II IlAPP[II C.R, . COUNTY IIOAO 0.11. . OFF ICIAI. IlECORO RIW FOR CQJ/(TY BARN ROAD (c.R. 268/ e /WIDTH VARIESI \EAST PROP:TY LINE: " WE:STERLY RIW LINE OF COUNTY BAlIN ROAD (C.R. 2681 COUNTY BARN ROAD (C.R. 268) ~AmeriCan .,. COnSulting Engineer. of Florida, LLC 4111 L.nd O' L.k.. Blvd. Suit. 210 Lend O' Lek.., Florid. 34839 Phone: (813) U8,2800 Fox: (813) DDS-1S08 Cartmaete of Au/horlzatlon No. 7110 Joel C. MaGee, P.S.M. No. 8430 NW ~ OF THE NW 14 SECTION 17 NE ~ OF THE NW 14 SECT/ON /7 COI.UJlR COlINTT DlfPARTNIlNf' 01" '17l.IlNSPORTltTlON DRAWN BV, JCM CHECKED BV, SP DRAWING DATE. 08-18-05 SCALE. I -.~O' EXHIBIT A ~of-Zt: Agenda Item No. 10C October 11. 2005 Page 74 of 107 FEE S'MPlE INTEREST LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTII, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHf:U 1.01' J. SO' =-~ PROJECT NO. 60101 PROJECT PARCEL NO. 115 seer.. , SE<'I'Dr , llGAt, DnCRIP1IaN . p WEST ~RTY UNE ~ "'" . RIGIIT OF .r L' . U"I S.UII'VUOR LI . LICINKD eusUIESS P.lI. , PLAT 100I. .-0. . PAGl: JlSM . ..orESSIQIIAI. SuRVUGft I ~1Il c... . e..." IIOAO a.fI. . Df'F'ICIAL IlEtDIID IDO FEn fS 'hi[ _TN TN[ S. II. tJI T1€ S. 1/4 Of' TM, AMGE H EAsr. CIOLL IER --.........- - - - ItIW LIne ~D It-"!_~ ______~_u,. ~.RIW F()/f e ~H VJIIJES~ ICJl.ZIllII EAST _Itrr tiff(: . _EsrERLY fl. RIY 'IIIE OF SII ~ cglNr,...B~l'i1Mi;R. 2681 SC Y.r OF rHE S- ~ SECTDt, COUNTY BARN ROAD (C.R. 268) .,. u';,- u-T------------l-------M ~ JOEL c.McGEE.1'SII I'Ra'ESSI:1IUL _Era! NIO "_R ''- CEIf1'1FICATE .... /If.JI) f'Ij American ..,. Conlultlng Englne.r. of Florid., LLC 4'" l.ull 0' Lek.. Blvd. Sulf. .210 Lend 0' c._It.., Flof'Ir/_ 34831 Phone: (813) ""8-2800 ~u: ('13) .a,-nD, Certff/e.t. or Aulhorlr.tlon No. 7110 COLUI1It 0IXfNTY DIfP.4/t1'1IIBNr 01' 7JUA1111'QtTA 7JON DRA'" BT, Jell CHECllEO BT. SP DRAWING DATE. OBol8,05 SCALE. '".100' !o EXHIBIT-L ~ 4(P~ Agenda Item NO.1 OC October 11. 2005 Page 75 of 107 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARC~L NO. 711!A AND 7188 PROP~RTY OWNf:R: WODDUERE RAQUET CLUB REFC:RENCE: 0 R 21!2D PO. 4611 AREA OF TAKE: 1.140 SQ, FT. :l: TOTAL o <( 0 ~ ~ Ito ' :;;O::~ <Oll. <ltI~..: )..0"'" a::iiit'\! It t'\! ~ ~ o o~ Z~ ~t'\! ~<:j 5;0... t:j .. 0) ~;,; ~<'-I -Ii li:c:i <'-I ..". Lu"'" ::j- ~~ I() ~8 ::it'\! s ~Ii o lb .....Jr;: <(<'-I O::?: ~g<:j 00(0... Li <.:lll)" ).:Lu..". _0::,.,., ~~t'\! 80: o 8 + co ,... 8 + ,... ,... 8 + co ,... o o + ltl ,... o ~ a::~ =<=0 It, ~a:: ~g z- 5'-' <..> ~eJ~ f5::J- ~~c.:i ItUQ.. Q.. -.... . 0-.;10 <:Lu~ <(I.U_ .....J..J . a 4.. 00; 5:00 TEMPORARY CONSTRUCTION EASEMENT I.U ~ bJ <( III >- 's! Cl:: :::l Vl ~~ ~~ ENCEMENT OF CONSTRUCT N) <J ~ :J: (.,)0) 0::: to :::l..". ~ <:j ::c::o... -<C I=:d' Vl<'-l cellO ::x:: <'-I (.,)n:: l:go Q: ~ PARCEL 71 BB PROPOSED T. C,E. (100 SQ, FT. :t) L5 P.O.B. PARCEL 718B "BY: I.U :z: :::J ~ ~ 2: )... ...J eJ ~ ~ liNE TABlE LIl1E WiCiJl:j l3UIlJJiJl LI ~9,88' N 00'42'47" W ~ L2 10.00' N 00'42'47" W LJ 10.00' S 89'42'47" E Z L4 10.00' S 00'42'47" E ::> c L5 10.00' N 89'42'47" W 0 t6 111.02' N 00'42'47" W eJ L7 52.01' N 00'42'47" W L8 20.00' S 89'42'47" E ::J L9 52.0" S 00'42'47" E .....J 8 uo 20.00' N 89'42'47" W P.O.C. POINT OF COMMENCMENT lKJlL BEARINGS ARE BASED ON 1H~ SURVEY 8ASEL1N~ P.O,B. POINT OF BEGINNING OF COUNTY BARN ROAD AS BEING N 00'27'15" III. R.O.W, = RIGHT-OF-WAY LEGAL DESCRIPTION A.ND~S~i:TCH SHEET 1 OF 2 THIS LEGAL DESCRIPTION AND SKETCH P~EPARED BY: DESCRIPTION: PARCELS ,?1~A.A~::Z.1BB:"', ::::_ CLIENT: COLLIER COUNT.!' .TR"'NSPORT~lI DIVISION .... ..... ..... ..... ...... :::::: RUNDAGE.~ ProfeNionD] on,in.en. plannen. &: land .ut"Wtyan c.-. 0Nat;J'l ...... ... '400 ~ 'ma. M"'. ......... no NtDl ("''''''-.111 .... ==.:-:. ~-=.::w~~ ~ =--- K It,: = 8 + or - ~ 1-..0 "'i-Ol N5 :'1",...., g"'l :z: 8 + "" ,... o o + N ,... <(4ii.i' ~~t-: "t-:l... -,Od l.ijlllll) 000 ~&; o...2:c P.O,B, PARCEL 718A '" ..J +21.'19 50.00'R +11..19 50.00'R ::; GE , P.S.t.1. NO. 5606 SCALE: ,. - ao' DATE: AUG ? 3 2005 DRAWN BY:~ PROJECT NO.:L\OB1-C8R ACAD NO:9073-SD718 FILE NO: 9073 EXHIBIT --.LL. ~47~ Agenda Item No. 10C October 11. 2005 Page 76 of 107 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM C MMENCEMENT OF CONSTRUCTION) lEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT -A") A PARCEL OF LAND LYING IN SECTION B, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COWER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING A T THE SOUTHWESTERLY CORNER OF THA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2820, PAGE 469, PUBliC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE EASTERLY RIGHT OF WAY liNE OF COUNTY BARN ROAD (100' R.O.W.); THENCE NORTH 00'42'47" WEST ALONG SAID EASTERLY RIGHT OF WA Y liNE A DISTANCE OF 150.90 FEET TO THE POINT or BEGINNING or THE PARCEl. HEREIN DESCRIBED; THENCE CONTINUING NORTH 00'42'47" WEST ALONG SAID EASTERLY RIGHT OF WAY liNE A DISTANCE OF 52.01 FEET; THENCE LEAVING SAID EASTERLY RIGHT OF WA Y liNE SOUTH B9'42'47" EAST A DISTANCE OF 20.00 rEET; THENCE SOUTH 00'42'47- EAST ALONG A liNE 20.00 FEET EASTERl Y FROM AND PARALLEL WITH SAID RIGHT OF WA Y liNE A DISTANCE OF 52.01 FEET; THENCE NORTH 89'42'47" WEST A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 1,040 SQUARE FEET OF lAND MORE OR lESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. AND lEGAL DESCRIPTION (TEMPORARY CONSTRUCTION EASEMENT "8") A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COlLlCR COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENC/NC AT THE SOU TH WESTERl Y CORNER OF THA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2820, PAGE 469, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE EASTERl Y RIGHT OF WAY liNE OF COUNTY 8ARN ROAD (too' R.O. W.): THENCE NORTH 00'42'47" WEST ALONG SAID EASTERl Y RIGHT OF WA Y liNE A DISTANCE OF 29.88 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING NORTH 00'42'47" WEST ALONG SAID EASTERLY RIGHT OF WA Y LINE A DISTANCE OF 1D.00 FEET; THENCE LEA VlNG SAID EASTERLY RIGHT OF WA Y LINE SOUTH 89'42'47" EAST A DISTANCE OF 10,00 FEET; THENCE SOUTH DO'42'47" EAST ALONG A LINE 10.00 FEET EASTERLY FROM AND PARAllEL WITH SAID RIGHT OF WA Y liNE A DISTANCE OF 10.00 FEET; THENCE NORTH 89'42'47" WEST A DISTANCE' OF 10.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DE'SCRIBED; CONTAINING 100 SQUARE FEET OF lAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; ABSTRACT NOT REVIEWED. TEMPORARY CONSTRUCTION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCT10' ' LEGAL DESCRI~TION AND -SKg:TCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCELS 718A ANO-.718B ..... CUENT: COWER COUNT'(' ANSPORTA ON DIVISION .... .... ..... ..... ..... ...... :::::: tn(DAGE~ Prof_nal .JIIlIDee..., pia......... .Ii: land ........JU11I c..m.. ~ -.u. -. .,..,. ,........ ~ -..uu ...... no Ml" 5.....--111 1M ...... ... o.-t ..... ......-. a-tIA ~ ... Ie. -~ ~ ~ ........ ..... D -.& .. . .... .....,...... BY: GEO GE W. HACKNEY P,S.M. NO. 5606 SCALE: N. T.S. DATE: AUG 23. 2005 DRAWN BY:--->lA!i PROJECT NO.: BOB1-CBR ACAD NO: 9073-50718 FILE NO: 9073 EXHIBIT~ Page..1l ~ Agenda Item No. 10C October 11, 2005 Page 77 of 107 PERPETUAL. NON-EXCLUSIVE ROAD RIGHT-oF-MY. DRAINAGE AND unUTY EASEMENT PROJECT NO. 60101 PROJECT PARCEL NO, 119A-1 LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSIDP 50 SOUTII, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHUT J. OF L 50' II "--=-' ~ _11/W -----L--_____l____________---L___..!!!!!...!!!! ~ IIW ~ ""'51/1 y., "SId'OftB EX.Il/W rOR Nt; ~ ,,"" sw~ ,,_,.., caJI(/"; IWlN IlO.\/l /CJ/..I tWIOTH VAI/tESI COUNTY BARN ROAD (C.R. 263) R;ii7ii;- --c= ~ Ex5r;;;-;;;;;;;:-- vmJTY EASEMENT -~un. LEGAL DtSCtlll~T1DN ~ "MCEL 1<<). II"~I TMt lAST 50 HU OF' THE _Sf I DO FEU CIF THE J'CIlLDWING DESCfUIEO PROPERTY. 'HE SOUTH r n ElF' 'HE SOUTH I 12 OF THE ~ 1'4 THE SW 1/4 SECTIOfrI I. To.sHlP 50 SOUTH. AUlO 2' UU. COLLIS"I CDltN". fLo.nDlo. IDGHLAND PROPERTY OF LEE & COLLIER FOUO NUMBER: 00403160000 O.R. 1200, PO. 199 ~ ! ~ ~ I i LE.GIHD. ..18 I RIGHT r:1F .t L' . LMIO SlIW(YOR LI . LI"NKD _lieu P. to . PL.U 8001 .-0. I PACll "" I PRQF'['SSI--. 'SURVS:taA . UAJlP(R C.R. . cau..'" MaID O.A. . OF"ICI No IftCORD "..~American .,.. Consultln; Engineer. of Florid., L.LC 4'11 L."ff O' La... 81wod. SuIt. 210 L.nd O' Lek.., "'arld. '4',)' PhDn.: ('12) JU-2S00 Fu: (I13J U5.1,U, C.,ime.'. 01 Author/z.tlt)n No. 7110 a:u.lI'.Ir COUN1'T _JUlTM11NT orr ~A7JI2j\I' JOEL C.MalEE./'SJI "-ESSIONIIL SU/l!IFYOIl MID 1IN'PF1l r_ ce/frIf'ICATE 1/.. 6430 DRAWN BY, JCW CHECKED BY I $P DIIA.ING DATE. 08-18-05 SCAl.E, 1-.100' EXHIBIT A Par/8...!E. ofK PERPET\JAL, NClN-EXCLUSIVE ROAD RIGHT-oF-wAY, DRAlNAC ANO UTIJTY EASEMENT PROJECT NO. 60101 PROJECT PARCE~ NO. 119A-2 Agenda Item No. 10C October 11. 2005 Page 78 of 107 SHEET ,LOF .l- SO' .~ LEGAL DESCRlPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA RIVI FOR 'Y"~ ____----L______________~_____~~ ROAD /CA_ rwlOTH VAI!1CSJ 11I1 ~ Df'''SW v., ~5<<:IItrn' 1If~ 1f".SW~ If_a WCST PROPERTY LIIIC . C ASTt:Rt:f R/J/ "Nt: OF CfJ/JIITY BARN ROAD rr:.R. 2681 COUNlY BARN ROAD (C.R. 261) --~~~~~~-- R/W U.. LEGAL DUCItIp'TION - po . II.ll-l THE EAST '50 "fU OF TN( . , I GO "En tI THt ....'H 112 01 TH[ S. I'" t:I THE. IE I I. Of' lH1: 5_ 1/4 01 KClICIt I. TOMfIIP '0 $GUT". ItMGE 21 EAST. CQllltR CClJfrflf. nOR OAt L[SS TN[ _," )0 lEU TtEREOF'. ~ I:!:I -.l -.l Oa. ~~ ~a~ ;;;~~ 000 i-lo.. ~"-I'" e::~;:: "-I - 0.. ~ ~ . 0..00 ~~ ~ :a ! I ~ C.fST PIIOPEIrTY 1M ~ lit'" . RICHT OF UY LS . LAND SUfM.1'DR LI . LIClN$fD IUSIIlESS ".1. . PU' 110OI PC. . 'loG[ P$W I ~tsSIONAL SuRVUc. . w.PfIl(R c. R. I CautfTY "OAIt 0... . "FICIAl. MCCN fij American .r"a Contsultlng Engln..rs of Florld_, LlC 4111 Land O' /..aku Blvd. SlIlta Z1D Lal'llf O. Lak.., FlorIda 'of'!O Phon.: (81 J' 1115-2100 Fu: (3U) 8''''+U08 C.rrlllc.t. or Authorlzatlon No. 11 fO -------;w'Un. '" ~ ~ i I I I I ~ "" ~ (,)1 I J I I I I I I I I I I , ./OCl c.IkGE:C. PSII f'ROFESSJOI/N. SlJ1NC'fOIl MiD "_" ~tDI/IOA CERTIF'ICIoTt: IIA 64JO ORA.... BY, JClI COI.UIfIt 0fJUNIT DIlPAIlT/fIIlN'I' DII' ~":na/\I' CHECltEO BY, SP DRUING DATE, 08'18-05 SCAlE. 1".100' EXHIBIT A P8ge.i[ of..z.t. Agenda Item No. 10C October 11, 2005 Page 79 of 107 PERPETUAL. NON-EXCLUSIVE ROAD RIGHT~~Y, DfWNAGE AND unUTY EASEMENT PROJECT NO. 60101 PROJECT PARCEL NO. 119B LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP SO SOUTH, RANGE 26 EAST COLLIER COUNlY, FLORIDA SHEET 1. OF L SO' .~ -!!~ u,. ______________-L___________----.l_ RIW U,. ~ =::. WJNJ 1C.R.1J68J IfIIl1TH vNll€SJ COUNIT BARN ROAD (C.R. 261) _ ~ ",,.sw v.. ", SIdIMB NE~ """srr~ "_,.,,8 WCST PRtlPC/tT'f LINC & EASTERlY R/'II LINE IJI' I SWlI1I..lIN!!I_~~______ . tvw Ute ()IISTI1IG ORAI1/oIGE.~ ur/U1"f CASEMC/lT' ---------------- --~----- SO' f'WII"OSEO It/W st_I'-TlON . PIlAtCL NO.. II Ie T M PUT DfI' TIC .ST IDO FEET rJI TNI: INCI KSCRIKD ....UTYI 'hi SO FEET Of TJI[ IClRrN 112 CF TN[ S. Tllt .. 1/4 ", 'bit ,. 114 OF' UCTICII I. T ,... SO UUTN. UI4G[ H ust. C:C111I(lt eGlINT . F'I.DRIDA. ... v.> ~ o ~ '" < o ~ =< CAST 1'f'DI'CRTY UNC .J.l!iI!!ll1. ..,. . RIGHT tII ., t: : t1l..m~.ss p.I. . PlAT .. PO. . ItAGE ~1lI . ~nSlGllAl. $URV('fQR . ~. c.... . CGUNT1 ROAD 0... . C1F'rC'.AL 'ttCClltO ~American ;,. Conaultlng Engln..ra of FlortUl, LLC 4111 /..",,11 O' L.ku 8J~d. SIIIt, 21 0 Lull O' L.ku. FlorId. 34.'" Phon,: (113) '.'-1100 Fu: (In) 'u-no. C.rflfjc.t. of AuthorJ,..tlDn ND. 7110 CX1UlIlIl C'DlINTI' _.f.RTII//NI' (Jtr ~A 7JtJN JO€L c.II<GE:C. f'SJJ I'ROFCSS1OIIN. ~ _ MN'l'ER FUII/IOJl CCRTIFICATE 110. 6430 DIlA~ BY' Jell CHECIlED BY' SP DRAWINO DATE. 08.18"05 SCALE, 1-'100' EXHIBIT~ Page...5.L 0C!il Agenda Item No. 10C October 11, 2005 Page 80 of 107 FEE SIMPLE INTEREST PROJECT NO, &0101 PROJECT PARCEL NO. 119C LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSIDP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET 1.. OF 1.. ...2!!:..... III L-- LECoAL D€.5CAI"Ttar. . 'IRCtL 110. IIIC 1M[ lASI so 'In 011 TM(. ~ST loa FEU OF' TN[ 'DLL_ING OESCA.KO N(p[RTY, l'ME sourN I ~ fI hC _nc 112 t1& THE IN[ 114 or nc 'I 1'4 SEen... '. ,....." 50 SOUT.., IWIlZ " EAST~ CCIl.LI[1t CGUN'''. FlOlllIDA. ~~-l"M~---~~=----:' 'M:~~' -~ ~J': :::::s'f'D ICJ/. tuJ (C.R. 268) wm ":"k~': f::l'~, ~ "5<<:1'''' B CASTCIf/J ff/f1 LIIIE OF CCU1/TY _ RON) IC./f. 26/IJ R/W Ute -- --f;;;;:;;;;oR;';;;;z---- -----------~,~:~~~~~ ~ Ol ... o u COLLIER COUNlY FOLIO NUMBER; 00403440005 O.R. 1001, PO. 825-828 ~ I: f i ~ i ~ ~ ..,. . RIGHT tIfF ..., LS . LNG ~raR LI . LIClIIKD .usl-.SS P.I. . ~Ar IIXIl pc. . PAGE .-sw . ~t'IfI$lIOtML SUItYlTDR . ....,.pt c... . eQUIlIn ROAD D.R. . IWfltl.... _CORD ~American .,.. Con.ultlng Engln..rs of florlda. LLC -Ii 11 Land 0' hit.. Btvd. Sull. 210 Land O' Lair.., F/orltl. 3413. PhDU: (1f3) ne.u/Jo Fu: (at3) eu-noe C.rtlflcate 0' AurhorJz.tlofl No. 7110 Cf1U.IIlIt aKIN'IT DllPIUl7JDlNT 01' ~A7JIlW JOEL c.agf.f'SII fflDFESSllJllII. SlIIIVfl'O'I MID _If FUJI/KJA Q'1fT"'1CJITl: ....54.10 DRAM! BY, .sCIot CHECKED BY, SP DRAWING DATE' 08'18,05 SCAl.E, 1 -.100' EXHIBfTA Page...Q O[ZI SECTION 8, Agenda Item No 1 DC October 11. 2005 Page 81 of 107 TOWNSHIP 50 SOUTH, RANGt 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. fa{] PROPERTY OWNER: MICHAEL '" RUTH HUGHES REFERENCE: O.R. 2218. PG. 1409 AREA OF TAKE: 020 ACRES :!: 524 SROADWA Y COMPANY, L.P. I O.R. 1072,. PG, 875 I ---- 524 BROADWA Y COMPANY. L.P. O.R. 1245, PG. 902 0 o + <0 <0 ---- MICHAEL & RUTH HUGHES O,R. 2218, PG. 14098 + '" <0 I I L"OJ 50.00 R PARCEL 1aO PROPOSED R.O. W.. DRAINAGE AND UTILITY EASEMENT (0.20 ACRES :t) RPETuAl. N<JN.Exa.USIVE R RIGHT-oF-WAY, DRAINAGe AI<<) UTIU1Y EASEMeNT 25.00' 0 0 -t CXl COJ 0:: co ~~ ~0 c:"Cl. Z <( .. ~~ <( 0 Zeo::: 0 + ~ci N <0 +95,74 15o.00R I I ;t: UJ . 0 ~ ~,,!ij ~R~ gNctI :;: >- ~ 0:: :::l Vl I o I ~~I :::' 0::0 <(. Q;)O::I ~81 ~"-I I I DT'- -0 lil') <'-I to ..q:Cl. Cl.ci ~tO IC) '-<'-I eJli ~O It co <'-I co )..1 1-10 2;C\l ::>00 C <...'l<:j o::Cl. l1.i . -- -'0 .....JO C_ <...'l eo::: d COPE LANE ~ en ~o::'<t ItLiJOO l1.i:J0 g,cSCl. It 0 . Cl..Id~ c T'- ZW- <( l.&.i . .....J.....J1t t3 ci ~ ~~ N~ o ~ P.O.C. == POINT OF COMMENCMENT P.O.B. POINT OF BEGINNING R.O.W. == RIGHT-OF-WAY LEGAL DESCRIPTION ANt! SK'ETCH SHEET 1 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL I CLIENT: COLLIER COUNTY TR NSPpRTA TlON DIVISION ....!'\. 55!!~tGN01J ::::: BER '" ...... ...... ...... nUNDAGE,..<. Prnfel!l8ionlll .na1neen. plannera, Ie land 1'u.!"W)"OnI CeW.,. c...~ hit.. "0, UOO Tadtiw 'I'rtlI. ItortIIiI "..,I.., n. MIUe (U'lU7-IUL ... =::''::.:.":' =~:.::::. ::.U:~:" ==- ~:r-' rL~: ,1:::=::::::: BY: ":' GEORGE W. HACK Y. P.S.M. NO. 5606 SCALE: 1" - 100' DATE: MAY 6. 2005 DRAWN BY: ---->1Atll PROJECT NO,: B081-CBR ACAD NO: 9073-SD11 0 FILE NO: 9073 EXHIBIT -d.... Page...5.2. of-2%:.. Agenda Item No. 10C October 11, 2005 Page 82 of 107 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL 180 LEGAL DESCRIPTION (ROADWAY, DRAINAGE AND UTILITY EASEMENT) ALL 1HA T PART OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; THE EAST 25.00 FEET OF THAT PARCEL RECORDtD IN OFFICIAL RECORDS BOOK 2218 PAGE 1409 PUBLIC RECORDS OF COWER COUNTY; CONTAINING 0.20 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; peRPETUAL NON-EXCLUSIVE RIGHT-OF-WAY, oAAI~GE ROAD Nt) UTlUTY EASEMENT ..... :::: GNOLI ..... ::::: \\REER & ...... ==:::: RUNDAGE,ftfC. Profe'Blonsl engineers. planners, &: land !IIUM"8YOTS CIlIU... en"VI hit. 100, ,44Ct T...u...t Tr.o. ..01'th: Kapl4lll, n. 84101 (a3l)G9T-:UH I.- Clitlrl1.r. ...a eo"&1I1. ...... IW~ 10S1 hajla IJlriIap. n. SCfU (1It)'''''-IIII CeTUnoala .f AuUII.,....Uoa .... UI leU. .... . .... ''''1 (Ift)lll-UOI , ~ j.l /\ r,-" LEGAL DESCRIPTION A.N.o:,St"E'rCH SHEET 2 OF 2 DESCRIPTION: PARCEL roo <\' CLIENT: COLLIER COUNTY TRANSPO~J~TION orVISION THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: BY: G RGt W. HACKN Y, P.S.M. NO. 56D6 SCALE: NT S. DATE: MAY 6 2005 DRAWN BY:~ PROJECT NO.:BOB1-CBR ACAD NO:9073 SD110 riLE NO: 90z3 EXHIBIT A ~ gl- of.2.f... Agenda Item No. 10C October 11 . 2005 Page 83 of 107 PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-wAY. OfWNAGt AND UTlUTY EASeMENT PROJECT NO. 60101 PROJECT PARCEL NO. 121 LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSIllP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEE:T .L OF .L 50' .~ LEGAl. OCSCltI"lION . PaltCtL NO. 12t TME CST 'D 'EIT OF' TIC IAlT 100 FEU 01 TH[ Fa.Lo.ING KICIII.D PltCPE:ltTfl THE NOR'" "' 'I!T (F TME SOUT" In r:JI THE _TN In r# TIC... "4 Of' THE. ,. 1'4 t1I KCIION I. '-"1" to 5DU'". . n UIT. t1F THI ~IC ItCOMt$ Of CCIl.l1(1t n. 'LORID". WILLIAM & LETICIA PILGER FOLIO NUMBER: 00404080008 O.R. 3216, PO. 913 "'Esr PfIO/"ERT'Y /JIIE .. .. ! ~ U ~ I ~i!s ~ ~~ ~ t >: i ~~ i!si!s EXtl;rtIKJ DRMNK1E.~ rm/Jf'f EK1EIJf:/fT' ----- - _rOIVIILlII( :>l!:>l! 181 - 1- --~~~ 25' RIW UnI__ .~ OFrHESWy., 1IlWl1CJl./IMI II( ~ OF THE S'II ~ ftIII11'H VN!If$1 WdT"PiiiiFfiifr-iiNE , EASTER/J RIW LI/IE OF CaJIITT !AR1I RfW) rr:.R. /IMI OF SEr:r/Dlt ~ COUNTY BARN ROAD OF SEr:Tm ~ (C.R. 268) R/W ij,. r--- -~------------------------- RI'I1 Ute ~ It'" . liGHT Of' ., ~: : ~m~",,1S ".1. . "'AT 100I. IIG. . ".,. .... . """,[1$IOIIIAL SUMYOII a ~. C.I. . COUMn MIlO .... , "'ICIII. Ilt:CDIID X1E.L C.1IrtJC~.PSll I'IICJFESS/(J//N. SIJ/f'IErDR _ II~R FIJJRHJA CERrlFICATE ....5f:JD ".~American "'a Conlumn" Engineer. of Florida, LLC 41f1 L.nd O' L..ku Blvd. Suit. 210 L..ncf 0' "'.11'.., "'arld. 34831 Phon.: (lJU) "liUJ~2IOQ Fu: (t1J) vU8nOe CertJtJut. o( Authorluf/Dft No. 1110 0DILL1ll1t CCUN1T l/ID1Alt'1'M1lNT 01' ~A7KW DR~lIN BY, JCIl CHECUD 8Y, SP DRAWING DATE, 01-18-05 SCALE. J ",100' EXHIBIT-LL PageA 0C1[ SECTION 8, Agenda Item No. 10C October 11. 2005 Page 84 of 107 TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA . '..0. ,; /- '. LEGAL DESCRIPTION ANt):SKtlCf;1 SHEET 1 OF 2 DESCRIPTION: PARCEL 1,96t CLIENT: COLLIER COUNTY TRANSPORT~.'1)ON, DIVISION BY: PARCEL NO. .1JJ..8.. PROPERTY OWNER: 524 BROADWAY COMPANY. L.P. REFERENCE: O.R. 1245, PG 902 AREA OF TAKE: 0.10 ACRES :l: FRANCISCO & ELIZABETH LOVOS O.R. .3440. PO. 0260 R 524 BROADWA Y COMPANY, LP. O.R. 1072, PO. 875 ERPETUAl., NON-EXCWSIYE RIGHT ...or-wAY, DftAIIIWE AND UTIUTY EASEMENT- PARCEL t)2,Q PROPOSED R.O. W., DRA/NAGE AND UTILITY F:ASEMENT (0.10 ACRES :t.) 524 BROADWAY 8 COMPANY, L.P. J; O,R. 1245, PG. 902 00 25.00' MICHAEL & RUTH HUGHES O.R. 2218, PG. 1409 P.O.C, P.O.B. R.O.W. POINT OF COMMENCMENT POINT OF BEGINNING RIGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ....n !!!!~iGNOU ::::= \\RBER... ...... ...... ...... UNDAGE,WIC. PrDresslonal engineers. planners. &: land au""'yoJ1l c.... CtnaIt7I 8tlJu tOO, 7400 TmduId T'rafI. "el'Utl "..1.., n. M..a (",,",,-1111 toM CO"lII'ilJ' tOIO c..-.1lIt ...... hit. 1011 I....w 81triDI., n "1M (U')NI"HU; C.t'W1..t.e .r AuUllmlaU.. M... LI ..... ..111 a .It. Pam (.")Nt-IID' o o + N '" 1- o o + o (Jl +J.14 50.oo'R :;:: c:i ci <.:> ~ ;:: V] ~ L.u / +J4.J4 5o.00'R --l I o o + \D <Xl llt eJ... :::j""l ~~ 0::..; Vl~ ~~ Cl:::1i <(, :cO (.) '- " ...,0 ~~ 8~ ~ ~ ~ a V) Q!i >- ~ ~ V) ::..: 0... jig t'\! ~<:j <(0- 0-0, ~tO It) 1-<'-1 [5. Q;lC:; 00 0:: Cl <( o It~ I ~ol ~~I z.:::.. 5 I !I: (.) I I ~ co ::: . <'-I ::;:''''CO 001 02ltl t'l ffililXl :::i00 <5 0- o ~~ "'...: ,.~ 8'" ~ ~~ N~ O ~ C3 Vl .H CKNEY. .M. NO. 5606 1" = 100' DATE: MAY 6 2005 DRAWN BY: --->i.A!i PROJECT NO.: BOBl CBR ACAD NO: 9073 S0109 FILE NO: 9073 EXHIBIT .1 Page..2{L of.:zL Agenda Item No. 10C October 11 , 2005 Page 85 of 107 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL IJl.B. LEGAL DESCRIPTION (ROADWA Y, DRAINAGE AND UTILITY EASEMENT) ALL THA T PART OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE EAST 25.00 FEET OF THA T PARCEL RECORDED IN OFFICIAL RECORDS BOOK 1245 PAGE 902 PUBLIC RECORDS OF COLLIER COUNTY; CONTAINING 0.10 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; PERPETUAL., NON-EXCLUSlVE ROAD RIGHT ..()F-wAY. DRAINAGE AND UllUlY EASEMENT ....!]\ m:f'\!iGNOIJ mil RBER 0\( ...... ...... ...... . UNDAGE...,. Prol...lonal .ngtneer., planners. Ie land .urveyo1"8 ~~I~..;;tr..~-:..a::t ~=.T=:ta:dl.~-:I';::;:: ~ ::~:: f:'S:~:::~~ ewuned4 II' ".Uuln..Ue" H... UI "84 ....4 . II.... 'atl {I.')HI-..oa LEGAL DESCRIPTION,ANDj3KETCH SHEET 2 OF 2 DESCRIPTION: PARCEL r.;>6( ""i"'.-....' i. '. '(. CLIENT: COLLIER COUNTY TRA~S~P~TA TjO!,,'DIVlSION ,,~ .~,: BY: a'Z~.;',';'.' GEOR~E~:~ACKN~,Y;' F'.s.~. NO. 5606 SCALE: N.T.S. . DATE:.' MAY 6 2005 DRAWN BY:-->JM!. PROJECT NO.: BOB1 CBR ACAD NO: 9073-sD1051 . FILE NO: 9073 . THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: EXHIBIT---d. pagefl of..!:J.1.. SECTION 8, Agenda Item No 10C October 11, 2005 Page 86 of 107 TOWNSHIP 50 SOUTH, RANGE 26 EAST COLUER COUNTY, FLORIDA P.O.C. POINT OF COMMENCMENT P.O.S. POINT OF BEGINNING R.O. W. RIGHT -OF -WA Y LEGAL DESCRIPTlb~ AND SKETCH SHEET 1 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL Q>j ::::. CLIENT: COLLIER COUNTY TRANSPORTATION ~IVlSION .... .... .. .. .. ::. UNDAGE,.... PratessLonll.l engineers, planner'l, at land Iut'ftyon ConIer C-l7: hUll lOG. 7400 Tulla.u "'an. 14mkJ "..1_. n. 84tOI (13")117-1111 llM C_tJ'I' IftO CoeR", ..... hit. lOll ha1ta IpriqI', n. 84tH {ltI')Ha-l11S CerUft~". .t ,l.uum..u.. Ne,. Ul "'. &1111 U .... 'Ul (nl)He-nDl PARCEL NO. J.c13 PROPERTY OWNER: 524 BROADWAY COMPANY LP. REFERENCE: O.R, 1072. PG. 875 AREA OF TAKE: 0.10 ACRES :I: FIRST HAmAN ALLIANCE CHURCH O.R. 2735, PG. 2800 R FRANCISCO & EUZABETH LOVOS ,NON.EXCLUSI~.R. 3440, PG. 0260 RIGHT-OF-MY. DRAINAGE AN) UTlUlY EASEMeNT PARCEL 1,Q9 PROPOSED R. O. w., DRAINAGE AND UTILITY EASEMENT (0.10 ACRES :r) 524 BROADWA Y COMPANY, L.P. OR. 1072. PC. 875 25.00' 524 BROADWAY COMPANY, L.P. O.R. 1245, PG, 902 MICHAEL & RUTH HUGHES O.R. 2218, PG. 1409 o o + to co 8 + ot' en o o + N '" ~~ N=- o ~ I II ~;- ~ci I~ci I~g lz- :::>'-' o o ,., . ..... I ;;;0 I ~~ g", ~ ffi- .....JI'<) ,.../ lIJ<:j ~a.. It.".: [3~ .....J O::ci "<(. ?jO +72.52 50.00'R o o + o '" :;:: c) ci ~ z >:: V) ~ Y.J ~ [;3 V] " CO >- ~ tl:: :;:, (I] ,/ ~ (,,).... -0 ~I'<) C\j ~<:j '<(a.. ll. O' .ldtO It') 1-<'-1 eJ. 010:: 00 It +J.14 50.oo'R I o o + IX) 00 ~ I --, I 1-..0 ...", ",-' i""R g'" ." co C\j CO ~th ~~ o 0<'; Ita.. Lu. ::Je; <5~ (.) Ii c::i BY: . CEO GE W. HACKNEY, .S.M. NO. 5606 SCALE: 1" >8 100' DATE: MAY 6. 2005 DRAWN BY:~ PROJECT NO.:8081-CBR ACAO NO: 9073-50108 FILE NO: 9073 EXHIBIT~ page.a:l of.!Zi:.. Agenda Item No. 10C October 11, 2005 Pa e 87 of 107 SECT/ON 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL I~J LEGAL DESCRIPTION (ROADWA Y, DRAINAGE AND UTILITY EASEMENT) ALL THA T PART OF SECTION B, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE EAST 25.00 FEET OF THA T PARCEL RECORDED IN OFFICIAL RECORDS BOOK 1072 PAGE 875 PUBLIC RECORDS OF COLLIER COUNTY; CONTAINING 0.10 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; PERPETUAL. NON-EXCLUSIVE ROAD RIGHT..()F-WAY, DRAINAGE AKJ UTIUTY EASEMENT LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: DESCRIPTION: PARCEL CLIENT: COLUER COUNTY TRA. ..... .... .... .... ..... ..... ...... :::::: UNDAGE,.... Prof...lo....l ."'In..... plannero. !o land ',,",,)'01"1 CoIIUr ena. .... lOa" ''''0 Tua&aIIJ 'mIL Iflrilu lI.pl.... n. Mill (_)In-Illl ... =.::': =..-:=. ::-Ja:e. :.~:. :--. n ~= ~:::=== .,,- ~r~i EXHIB1T A Page..2L ~ Agenda Item No. 10C October 11, 2005 Page 88 of 107 PERPETlJAL, NON-EXCLUSIVE ROAD RIGHT ..()F-WW, DRAINAGE AHCJ UTlUTY EASEMENT LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP SO SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SJfEU 1. OF .L 50' .~ PROJECT NO, 60101 PROJECT PARCEL NO. 124 U,GI.L DtSClUflUON . PMtCIEL 11). "4 THI: lAlT sa rUT Off tN[ _ST IDO FEE1 OF TN( FCl.loeUIG DESOIlIED fltIClP[RTf, he "TN I J'2 OF' TNt "T" I" Dr THl IC 114 tJI TIlE SW I'. (W' IECTIGIiI I, ro.N5MlP ID SCUTH. IIAIICl 2& IASY. CQLLIU CQIIrlITT. FL.aIlO&. RI'/f UtWl__ _____-..l.._.J______---LL.__---'__ __~!!'_ IVW FOR of lie SW ~ '" _ 6~OUNTY BARN ROAD of lie SIll ~ of Sod"" 8 (C.R 268) /III11fH VN/lES) ~ST ~RTY L/IIE , EASTt:RU _ UI/E OF 1Y IIOAD.I/.' _____ fI/W w. R/tIf utW- --.::.::..~:.=-.::.::..-==--=-- CXtSTlIIG DlWNI6E. VTJUrr ~ASfll~NT i i II II ~ ROBERT&PAITYFlJCK >:t " FOLIO NUMBER: 00402920005 - ~ ~ O.R. 2560, PG. 2301 : ~ If II II ., ~ ~ i i ~~ l '6f ~ R,. . RION' cw .T L$ . LMO 5URWUCIR L8 . LIClfrd(D M,IC"S p.I. . ....AT IOOl PG. . PAc;( "" . NClFUSICIIAL suttvr:TDfI . """'fR C.II. . COUNT' ItOAD O.R. . OFFICIAl. .COIID '" l:l >:t EIST _NrY UNt: riA.... American ~'a Canllul1:lng Engln..rs or FIDrld_, LLC 4111 L.nd 0' Ld'" III/d. 81//1' ZfO L.nd 0' La"", F'orld. 348jP Phone: (113) 'U~2'IiIDD Fu; (813) 8U-1Sl01 C.rtlflc.'. of Author/nt/on No. 7110 0Dl.L/8R CrJUNTT DIl1'ARTNllNf' t1t' 7ltAJIIlIRIIrTA7lQV JOEL c.1ltGEE.1'SM IWTESSIDIIN. _ AltO IIN'I'CR F_ alfT/I'ICNE __ DRAlIN BY I JCIl CHEC~ED BY I SP DRAWINC DATE. 08-18-05 SCALE, 1".100' EXHIB.I.T. ~ pageJt2() _ of:J.$.. Agenda Item No. 10C October 11, 2005 Page 89 of 107 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. )dfS PROPERTY OWNER: FRANCISCO ok ELIZABETH LOvaS REF'ERENCE:: Q.R. 3440. PC. 0260 AREA OF' TAKE: 0.10 ACRES ,j, ~~ No ~ ;5 V) FLORIDA APARTMENT CLUB NAPLES O.R, 2852, PG. 1054 I I I~~ I~ci I~ci I~~ ~'-' -10 + 0.52 50.00 R :;:: c:i 0: ill: ~ ~~ Vl ,., '" X :<-l'J ~ 8 ro.o :;.0; 8 ;l: en ~ ~ <( Cl:l ).. ~ ~ FIRST HAITIAN ALLIANCE. CHURCH O.R. 2735, PG, 2800 eJ- -II") [j. ~~ It..; ~~ 0:: Ii ~ci (.j RPETuAl.. NQN-EXCLUSMi R RIGHT .()F-WAY. ORAl AHO UTlUTY EASEMENT- 8 FRANCISCO & ~ ELIZABETH LOVOS en O,R. 3440. PG. 0260 PARCEL 1,~5 PROPOSED R.O. w., DRAINAGE: AND UnLlTY EASEMENT 5 . (0.10 ACRES :1=) 2 .00 +72.62 50.00'R 524 BROADWA Y COMPANY, L.P, O.R. 1072, PG. 875 8 + o 01 :::.:: 0- -0 ~~ t<:i <(0.. ll.ci o1dtO II) I-C\/ ffi. Q;la:: 00 0:: ill: ~o ...", ~R 8'" ." I I I ---- 524 BROADWAY COMPANY, L.P. O. R. 1245, PG. 902 8 + <Xl OJ P.O.C. P.O.S, R.O.W. ", POINT OF COMMENCMENT = POINT OF BEGINNING = RIGHT-OF-WAY AND'SKETCH SHEET 1 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: IVISION BY: W. ACKNEY .S.M. NO. 5606 SCALE: l' = 100' DATE: MAY 6. 2005 DRAWN BY:->i.A!i PROJECT NO.: BOB1-C8R ACAD NO: 9073-S0107 FILE NO: 9073 . UNDAGE,_ P:n:Jfell,tonlllt engineers, plannera. & land ,u~YO'" CollI... C.Ubt,r, tof,w 100. '4lJI T.....s Tft.l1. JIM1JLI If.... n. Ntoe (II'J"'-llll LH C...1Ii11 "" Ceeoaat ...., NM &01: BoaIte lprIapI n. 1411. (11"''''''''''111 c.rtIftHW .r I.UUl.rlMUOII M... IA ".4 ... a HI. 'Q'I ~...)Itt-..o. EXHIBIT A- page.JtlL of..2i. Agenda Item No 10C October 11 , 2005 Page 90 of 107 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL J[JS LEGAL DESCRIPTION (ROADWA Y, DRAINAGE AND UTILITY EASEMENT) ALL THA T PART OF SECTION 8, TOIMI/SHIP 50 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARL Y DESCRIBED AS FOLLOWS; THE EAST 25.00 FEET OF 7HA T PARCEL RECORDED IN OFFICIAL RECORDS BOOK 3440 PAGE 0260 PUBLIC RECORDS OF COLLIER COUNTY; CONTAINING 0.10 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD; PERPETUAL. NON-EXCLUSIVE ROAD RIGHT -oF-WAY, DRAINAGE AND lITlUlY EASEMENT ..... ::::: NOll .... I:::: ~BER & ...... ::=:=: UNDAGE,.... Prof'...lonal enlmel"ll, planneJ'll. At land 'un'IIYOt'II 0dU"" Dewa'J! ..... ..... '400 -ra.I..... 'I'NII. JIftGaIlfap1el. "" "'N (.')lIT-IUI x.. ==.:.": :-=--::- ,,-:...~:.. ~: ~ If. ~= I==:== SI;lEET 2 OF 2 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: "~XHIBIT A . !ge JaR of..2i. Agenda Item No. 10C October 11, 2005 Page 91 of 107 PERPFTUAL. NOH-EXClUSIVE ROAD F.'U;T.()F~Y, DRAINAGe ANt UTILITY EASEMENT LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTII, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET .1. OF L ~ .~ PROJECT NO. 60101 PROJECT PARCEL NO. 126 Riff __-!.J_l______"-___________--BlY_ LEGAL. DESCRIPTION . PARCtL lID. 11'1 TM[ UIT I!O 'In OF TH[ _IT 100 F'[[1 OF TN( FCl.lOlrINC DlSCII'trD NCPlATt, TNt leU'" I n QP' T"[ 5[ I'~ " 111( ... I" OF SECT UII a. tOlNSH I' 50 $OU'". lMOI: :r. lAst. COl..LI[R COUNTf. n.OItIOA. ~ i i CHARLES R. KELLER FOLIO NUMBER: 00402960007 O.R. 444, PG. 31 ~ I i ~ ..,. I IIIIIGHf OF IIA' tl : t~~~D?ss ~..., I'UTIODC I'G. .~.. PlY . PRanSSIONAL ~yDlt. ~II c~", . CCUfn MlAO G.R. . CI"'ICIAl flECCIIIO EASr PfIIII'ERTr Ifj American 1tr. Conaulting Engln..r. of Florid., L.LC .f1t1 hnrl O' LoIh. "'I/el. 'sun. 210 Und 0' L......., ~Iorldi 3"U" Phou.' (813) I1IU.2100 Fax~ (813) n..1Sto. C.,tltJut. of Author/;ut/on Nit. 7110 0tJl.UIJIt COlIN1T DIlPARTJaN'I' DIf1 ~Ana.v JOEL c.1ItlGEf:. f'$III _11____" ,_ cvrrIFtCATl1 ML_ ORAlIN BY. JCU CHECKED BY. SP DRAWING DATE. 08'18'05 SCALE. 1-.100' EXHIBIT A p~ LoS of...:zg Agenda Item No. 10C October 11, 2005 Page 92 of 107 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. ifi.., PROPERTY OWNER: fLORIDA APARTMENT CLUB NAPLES REFERENCE; O.R. 2652. PG. 1054 AREA OF TAKE' 1.30 ACRES :I: ~ ~ N-- H 'l! d .. ~ B ~ t3 .....J 0.. ~~ Q;110 ::>0 .....J- O. h~ ;2:ll. Wc-i ~:2 ~<'-I ~Ii <(0 Cl ~ Ii #.fA TCHUNE SEE SHEET 2 OF .3 SEA CREST SCHOOL INC. O.R. 3219, PG. 2683 o o + ~ o 001 ~" .....JI"') 0<'-1 a, :r:<.:l un.. V) . hI"') V)~ Lul"') 0:: ULi wc5 V) o o + N o I I ~ ~I ~ 0 I <( a:: I ~ ~l 5 1 o , I <0 .CO we:..>.... ~zC\l ~;<:i I==oll. ~F= .. -"'t~ 0(0 as~~ f;J a . 4..0:: o o o + 8 li:: ;~ ..,'" :f"~ g", 2; 0 0 + !Xl a> I wi ~l 8 ~ + " <D <Il a> >-1 's!, ~I ffi- .....1"') rj. ~~ It ~. V)~ L...J~ .....J 0::' <(It c5 D P.D.C. POINT OF COMMENCMENT P.D.B. POINT OF BEGINNING R.O.W. RIGHT-OF-WAY LEGAL DESCRIPTION AND SKETCH SHEET 1 OF 3 THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY, DESCRIPTION: PARCEL tt9.'1 CLIENT: COLLIER COUNTY PERPETlW., NON-EXCLUSIVE ROAD RIGHT ..()F-w\Y. DRAINAGE AM:J UTIUTY EASEMENT FIRST HAITIAN ALLIANCE CHURCH O.R. 2735, PG, 2800 ..... .... .... ..... ..... ..... ...... :::::: UNDAGE...c. Protes.lonsl enclneel'8, plannetB. &- lend .uM'eyon Com.. c._at" ~te 100, 'foIdo T....1IIII1 Trd. JletUr.1 ".".. n. In.. ("')!Ilt-IIIl t.Q CMa1.Jl 1010 c.-ut ...4, hit. .DSl InlU ."..... n. 841" (al)MI...... COQtltlo.te ., ol.th.nf...t.t.... ..... la NIt. ... a .... J'~ (In",,-&Ol "'" m 1~8 ~~ I I 1 BY: EXHIBIT I~ Page-h.!Lof~ SECTION 8, Agenda Item No 10C October 11, 2005 Page 93 of 107 TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ~ 0 126+00 In DA 1175 BOULEVARD N - (S.R. 84) (75' R.O.W.) 0 4.i .....J (3 0 "'''' "'I l/) 0 ~8 81 + <0 lOci ~I +IO PARCEL NO. /bl"1 PROPERTY OWN[R; FLORIDA APARTMENT CLUB NAPLES REF'ERE:NCE: O.R. 2852. PG. 1054 AREA OF' TAKE:: 1.30 AGRES % ~ a.. <( z:~ ~~ .,.,,- U. h<.':> z:ll. llJr>J' ~lC) It co <(~ ~a;: <(0 a Ci: o ~ PERPETUAL, NON-EXCLUSIVE ROAD RIGHT ~-WAY, DRAINAGE N<<J UTIUTY EASEMENT P.O.C. P.O.B. R.O.W. POINT OF COMMENCMENT := POINT OF BEGINNING RIGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ..... .... .... ..... ..... ..... ...... :::::: RUNDAGE..... Profe..lonal en,gin..n, plannen, & land 'UT'ft!Iyol'l' C.Wu CftII~ hit. no, 1400 TamlUlI Tr.s1. JllI'fUIl X.,1H, n.. 141'. (21I)1V1-ll11 s... Ce'IUI\1I ,." C9Ma\lt ana, lilt... ani '..aM....... n. 14.181 (n.)'HtI...... CoWIN"" ., .latb.l'lnU.. NH. sa ..... _. . 'IM 'ar (6.....-110. ,lU <.:> <(..... ~i5 ~ ~ ~ii g ~c:~f'1 ct :;:: w'" 0 cjot5 Uci::J~ It o!': 0 '<:ClU:::l~ o...lgoC ~~ Q: n. COUNTY BARN ROAD STA. 117+30.67 _ OA\I1S BLVD. STA. 128+82.50 130+00 132+00 U<'-I -JtO .....J~ 0 V'l0 0 ~a.. + ~ ;to Q -" ::: . ..... f5~ ;;;0 i:Jm :JI<) . '" ?5a;: '" ~ 00 8 + '" o o + o C':l ~ --. 0:: 3:: Z ci It <( a;: Q;l ~ b ~ 0 I h Z >- V) ."t '-' I ::J I=:U 0 ~I a..Z:<:j U <(- ~ CIl:t:a.. ~ U" ZO::(O ~I L:5~"t ii eJUa;: OJ ci :: <.51') ~CO to cSC'.! O<:j Cia.. V) _ I-~ ~~ 0:: O~ ~O l/) SKETCH SHEET 2 OF 3 o o + <0 o MA TCHUN~ S~~ SHEET 1 OF J LEGAL DESCRIPTION AND DESCRIPTION: PARCEL ;.y CLIENT: COLLIER COUNTY TRANSPQRTATION DIVISION BY:. h. ~~j9 Gr6R:((w. AACKN(H. P.S.M. NO. 5606 SCALE: 1" - 150' DATE: MAY 6. 2005 DRAWN 8Y:~ PROJECT NO.:8081-C8R ACAD NO:9073 SD105A FILE NO: 9073 EXHIBlT A Pag&~ of..2t. Agenda Item No. 10C October 11, 2005 Page 94 of 107 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIPTION OF PARCEL '/9.7 LEGAL DESCRIPTION (ROADWA Y, DRAINAGE AND UTILITY EASEMENT) ALL THA T PART OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEING MORE PART7CULARL Y DESCRIBED AS FOLLOWS; THE EAST 25.00 FEET OF THA T PARCEL RECORDED IN OFFICIAL RECORDS BOOK 2852 PAGE 1054 PUBLIC RECORDS OF COLLIER COUNTY; CONTAINING 1.30 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICT70NS OF' RECORD; PERPETUAL. NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND UTIUTY EASEMENT LEGAL DESCRIPTION AND SKETCH SHEET 3 OF 3 THIS LEGAL DESCRIP1l0N AND SKETCH PREPARED BY: DESCRIP1l0N: PARCEL 18 . CLIENT: COLLIER COUNTY rnANS~ORTA1l0N DIVISION ....!.J\ ::::H.GNOLI .....i ::::: l\RBER & ...... ...... ...... UNDAGE~ Prot...lonal engineers, pu..unen. & land I!IUTft1yon e.mw e--.", hit. lOG, 7tOO ,.fIJDt.... TnIl. ItorUt.I 11._, n. MIDI (all~:-::: LH ~~": =..-::- ='-zi~ =~ ~' IL ~.: 1=...__ BY: :' G . ACKji ,P.S.M. NO. 5606 SCALE: N.T.S. DATE: MAY 6. 2005 DRAWN BY:~ PROJECT NO.:80B1-CBR ACAD NO: 9073 SD1 05A FILE NO: 9073 EXHIBIT-LL Page.J.Q.1Q of-21t Agenda Item No. 10C October 11, 2005 Page 95 of 107 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 727 PROPERTY OWNER: F1.ORIDA APARnAENT CLUB NAPLES REFERENCE: 0 R 2852. PC. '~4 AREA Or TAKE: 0.34 ACRP3 :!: AlA TCHUNE SEE SHEET 2 OF J SEA CREST SCHOOL INC. O,R, J219, PG. 2683 Lf Is: ,..J . .8 o "'d o ~It) 0.:1 I ------ 1 T.C.E. = TEMPORARY CONSTRUCTION EASEMENT F'.O.C. "" POINT OF COMMENCMENT ~ BEARINGS ARE BASED ON mE SURVEY BASELINE P.O.B. ;:: POINT OF BEGINNING OF' COUNTY BARN ROAD AS BEING N 00.43'31" W. R.O.W. ;:: RIGHT-OF-WAY LEGAL DESCRIPTION ANI;> SKETCH SHEET 1 OF 3 THIS LEGAL OESCRIPllON AND SKETCH PREPARED BY: DESCRIPllON: PARCEL 72.7 ..... CUENT: COLLIER COUNTY .... .... .... ..... ..... ...... :::::: UNDAGE,_ Prof_lanaI .tlJID...... pl.nuo... .. IaDd ."""7"" ~ ~ ...... lOG" ,.. ~ 'Il1III. ....... ..,.. no "'" (.')...,-IUS ..-----.... -_.......(..~. _..__ta_....- _c....- ~~ N" O ~ (5 III I- ~~ ,..,,~~ ~:CVl "" it: ~~. , G:l >- ;;; Pi u81- ;> I') D::Vl;;! :0- <( 0.... 8 :5 a.. o..:::l 11) ::t Oc Q::2: Q'<( o o ~ o o o + ... W...... ~ ~<.lii - ,,~~ t;j~5 .3 Uo"C IX:! O::[S.... 0 ~Q:d 0.: ~ ....14'-' T'IMPORARY III ~ EASEMENT ~ (DURAl1ON: 3 YEARS FROM a.. NCEMENT OF CONSTRUCTION) ~ . ~~ .....J- (.) , 0 h~ 0 <: Q.. 6 L.l~ 0 j!~ 0:::<'-1 ~. <l(1t <(0 o ~ ~ 1.Itlr Ll L2 L3 L4 LS L6 L7 L8 L9 uo Lll LINE: T .A.BLE: JLWil1:1 25.01' 10.00' 56.22' 2.00' 5.00' 55.00' 82.00' 49.00' 43.00' 5.00' 14.00' 8 + lXJ en BfABJt:/!1 N 89'34'58. W 5 89'56 '53. W N 00'4J'31. W N 8915'29. E 5 89'32'J9" W 5 8915'29" W 5 00'43'31" E N 8915'29. E 5 00'.3'31" E: N 89'15'29. E N 8915'29" E t5 "s: '<( od ~.... ~ ~i5 r-...C::t ~ C'\I >='~ 11 .-- oc( f1 .....Jiti"" I') LwC~ :0- u~ g 1tQ:~ Z ~c:J ~c 0:2: &'<( g: 8 + 10 01 8 ~ m FIRST HAITIAN ALUANCE CHURCH O.R, 2735. PG, 2800 Cl <( 0_ 0::: ~ I :z 0 I ~ Ii I !Xl ~ ~ ~ ~ I a I o I ;;;8 . :j:~ UOl ~,.." ,.,., g: OQ., lIll"') f-co ~j;j 50: ~o Vi to ,co laJO- F=::zC'ol ~- ~.,.t,:) l::oQ., ~I::~ -<1(""- o~ ~:z"'l Q::> Lileo: o it: "-1;> !'I. ",,,, :'t'~ 8'" z ;;:: 0 a: >- ~ ~ <.:> 1 :z ~I I'::: VI :z B ~I '8 >-1 ~I <Ii ~I '" ~j;j [j, ~~ It~ ~~ 0:::' <(0:: Od BY: EXHIBIT /I PageJiL ot!lZ. Agenda Item No, 10C October 11, 2005 Page 96 of 107 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ~ Q DA V7S BOULEVARD I.l') -1S:...R:... 84) (7~ !.O,w.) . N ... 0 0 ki ---0--- + .....J co <( ;:: 0 U) PARCfL NO. 727 PROPERTY OWNER: FlORIDA APARTMENT CLUB NAPLES REFERENCE: O.R. 2552. PG. 1054 AREA OF TAKE: 034 ACRES :l: 126+00 co TEMPORARY STRUCTlON EASEMENT (DURATION: 3 YEARS FROM ENCEMENT OF CONSTRUCTION) ~ .....J ll. <( :::~ ~o .....J- 0, I-~ ~a... ""-iN ~I.l') 0:: co <(<'-I ll.. <(It o <( a ct:: Q ii LINE TABLE U!:l! Lt:ti1iJlj BWJtifi LI 25.01' N 89'34'58" w L2 10.00' S 89'S6'S3" W LJ 56.22' N 00'4J'.Jl" W L4 2.00' N 89'15'29" [ L5 5.00' S 89"32'39" W La 55.00' S 8915'29" W L7 82.00' S 00'43'JI" f L8 49.00' N 8915'29" E L9 43. QQ' S 00'4J'31" [ LlO 5.00' N 89'16'29" [ Lll 14.00' N 8915'29" [ g + ... ;:: l<.I <.:> <( 2:... ~Cj "Cl~ <'-I )....lg ... '<( -J~~ l1JC~ Ucs- ~a::~ QC::::' Wc Vl2: a:<( o Q: CI.. o o + N ;:: 128+00 COUNTY BARN ROAD STA, 117+30.67 - DAVIS BLVD. STA. 128+82.50 130+00 132+00 ,--------- ~ '- ;..." ..,0 ;"'0; ...\1') '(0 8'" ot'\! :2; .....JtO .....J~ U)t:i ~a... 0 0 ~ - 0:: "'"' ~~ ~ .....J Z 0 5' 0:: olt <( Ii 0 !Xl ~ b 0 '0 ::: .;::. 0 :::l iii 0 '" 0 T.G.E. ;: TEMPORARY CONSTRUCTION P.O,C. POINT OF COMMENGMENT P.O.B. = POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY THIS LEGAL DESCRIPTION AND SKETCH PREPARED BY: ....~ :::: NOLI ..... ::::: I3RBER " ...... ...... ...... RUNDAGl!:,.... Prol...lonel engin..n, planners. I:: 'and 'unllyon c.eu.r c-~ .... 100, ,.eo ,...... 1'nIL "..-.: ........ n. M._ ("''''''...11111 I.- c-t,y; "" c.--t ..... ......tIt ...... ....... " M1H (...)Nt-eMt c.rua.... ., ~ If... g -.& -.I D IIN ra: C...,...-1tIU I- ~ U) .~ 1=:0 a...3;t:i ~:r.:a... u" Zit to L;j~~ lli 0 . "'" It ~ c:i SEACREST SCHOOL INC, OR. 3219, pC;. 268.3 MA TCHUNe see SHEeT , OF J EASEMENT !iQ.IL. BEARINGS ARE BASED ON THE SURvtY BASELINE: OF' COUNTY BARN IWAD AS BEING N 00'43'31" W. LEGAL DESCRIPTION .AND SKETCH SHEET 2 OF 3 DESCRIPTION: PARCEL 721 CLIENT: COLLIER COUNTY TR BY: . A KNEY. P. . NO. 5606 SCALE: -150' DATE: AUG. 31 2005 DRAWN BY:--->lAH PROJECT NO.: 8081-CBR ACAD NQ:9073-SD727A FILE NO:----9ill EXHIBIT A page...iJ2l of-Z[ Agenda Item NO.1 OC October 11 , 2005 Page 97 of 107 SECTION 8. TOWNSHIP 50 SOUTH. RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL Df:5CRIPTlON (TEMPORARY CONSTRUCTION EASEMENT) A PARCEL OF LAND LYING IN SECTION 8, TOWNSHIP SO SOUTH, RANGE 26 EAST, COLLIER COUNTY. FLORIDA, BEING MORE: PARTICULARLY DESCRIBED AS F'OLLOWS: COMMENCING A T THE SOU THEASTERL Y CORNER OF THA T PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 2852, PAGE 1054 PUBLIC RECORDS Or cOLLIER COUNTY, FLORIDA, SAID CORNER LYING ON THE WESTERLY RIGHT OF WAY LINE OF COUNTY BARN ROAD (100' R.O.W.): THENCE NORTH 89'34'58. WEST ALONG THE SOUTH PROPERTY LINE: OF SAID PARCEL A DISTANCE OF 25.01 FEET: THENCE LEAVING SAID LINE NORTH 00'43'31" WEST ALONG A LINE 25.00 FEET WESTERLY FROM AND PARALLEL I'IfTH THE WESTERLY RIGHT OF WAY LINE OF COUNTY BARN ROAD (lOa' R.O. w.) A DISTANCE OF 706..30 rEH; THENCE LEAVING SAID PARALLEL LINE SOUTH 89'56'53. WEST A D/STANCE OF 10.00 FEET; THENCE NORTH 00'43'31. WEST A DISTANCE OF 56.22 rErr TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED; THENCE CONTINUING NORTH 00'43'.31" WEST A DISTANCE OF 637.00 FEET: THENCE NORTH 89'16'29. EAST A DISTANCE OF 2.00 rEET: THENCE NORTH 00'43'31" WEST A DISTANCE: OF 256.82 FEET: THENCE SOUTH 89'32'39" WEST A DISTANCE OF 5.00 FEET: THENCE SOUTH 00'43'31" EAST A DISTANCE OF 256.84 FEET: THENCE SOUTH 89'16'29" IIIf:ST A DISTANCE OF 65.00 FErr: THENCE SOUTH 00'43'31" EAST A DISTANCE OF 82.00 FEET; THENCE NORTH 89'16'29" EAST A DISTANCE OF 49.00 FEET: THENCE SOUTH 00'43'.31" EAST A DISTANCE OF 4.3.00 FEET: THENCE NORTH 89'16'29" EAST A D/STANCE OF 5.00 FEET; THENCE SOUTH 00'43'31" EAST A DISTANCE OF 512.00 FEET: THENCE NORTH 89'16'29" EAST A DISTANCE OF 14.00 FEET TO THE POINT OF BEGINNING OF' THE PARCEL HEREIN DESCRIBED: CONTAINING 0.34 ACRES OF LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD: ABSTRACT NOT REV1EIllf:D. TEMPORARY CONSTRUCTION EASEMENT ~noN:3YEARSFROM eotllENCEMENT OF CONSTRUCTIOtr ..... .... .... .... ..... ..... ...... :::::: UNDAGE... Prof_wast .",m....., pia........ . IaDd .......,.,n a.aa.. Cna1rl Nu .... '6GG ,..... '1ft&, .... "..... ;r. M'" (")IM-et S I '- CIa'" 11IO a....wt ..... ......1_ ............."' lMl. .-,......... _..__1>>____ _t_ LEGAL DESCRIPTION. AND ,SKETCH SHEET 3 OF 3 DESCRIPTION: PARCEL 72.7 CLIENT: COLLIER COUNTYTRANSP RTA ON DIVISION BY: . G 0 S.M. NO. 5606 SCALE: N. T.S. DRAwN BY:-llAl:i PROJECT NO.:8081-CBR ACAD NO:9073-SD727A FILE NO: 907.3 THIS LEGAL ESC~IPllON AND SKETCH ~REPARED BY: EXHIB~ A p~ (j of...2E:.. Agenda Item No. 1 DC October 11. 2005 Page 98 of 107 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA PARCEL NO. 827 PROPERTY OWNER: FLORIDA APARTl.lENT CLUB NAP.LES REFERENCE: 0 R 2B~2 PG 10~4 AREA OF' TAKE: 0.28 ACRES :I: MA TCHUNE SEE SHEET 2 OF .3 SEA CREST SCHOOL INC. OR. 3219, PG. 2683 o I~'~ o +", 0.:1 I ------ 1 T.C.E. ;; TEMPORARY CONSTRUCTION EASEMENT P.O.C. POINT OF COMMENCMENT J:K2E.:.. BEARINGS ARE BASED ON THE SURVEY BASELINE P.O.B. ;; POINT OF BEGINNING OF' COUNTY BARN ROAD AS.BElNG N 00'43'3'" W. R.O.W. ;; RIGHT-OF-WAY LEGAL DESCRIPTION- AND SKETCH SHEET 1 OF .3 THIS LEGAL DESCRIPTlON AND SKETCH PREPARED BY: DESCRIPTION: PARCEL 827 CLIENT: COLLIER COUNTY TR ~ ~ . H I I- N- ~~ ::i g r--<~+t8'" ~ <'-I!:~ + '" CO~<(1:J ;!; '" ~ ,...jOu..iQ:; -. . ~~S~ ~ ~ ItOj:::CO :r b ri:Q.:::ld 8 <:> ~Cl"'" CI\ Z Q~ L: ~ I r--~N !'\IUD r--,..:'" [j~ ~lt <(0 Cl..g: PERPETUAl. NON-EXCLUSIVE DRAINAGE AND UTIliTY EASEMEN~ ~ ll. <( Z~ ~~ .....J- U, h~ ;;c:Cl.. llJ<"-i ~\C') It CO <(<'-I ~a:: <(0 Cl ~ ii o o + 8 ~ Ll L2 LJ L4 LS LINE TABLE ~ 2S.01' 10.00' 7.11' J.OO' 2.00' ~ N 89'J4'S8" W N 89'S5'5J" [ N 4S'2J'09" W S 89'55'53" W S 89'15'29" W b ~ ~ ~I- 8 ~ ~~;:; ~ r-- 0;:;: en , !'\I" bj ;;; ---< ~ -J~u..i :r LuOt 8 ()~_ z ~Q:i:! Q.Cl:::l ~o 0 ~~ ~ a l1) Q: en Q /'" SOUTHERL Y PROPERTY LINE FIRST HAmAN ALLIANCE CHURCH O.R, 2735, PG. 2800 ....~ :::: GNOU ..... ==::: I'3RBER &: ...... ...... ...... RUNDAGE,-. Prot.uton.t enalneen. plannen. " land 8\U"'W1yon CeIIMr CMDtr. ....w 100. ,.... 'haIud 'bd.. ........1 Hepl_. PI. ...01 ("~"-.lll ... ~=: =-~. :::.u~a:.. =~ ~ .....,:: :== o ~ 0:: ~ 1 ~ 01 I <( , !Xl a:: ~g z .::::.' ::> I 8 I (0) 3:r-- I"') 5<'-1 O<:j QCl.. Vll'"i htO Vl- Lul"') It lJa:: <(0 bl to ,co u.,o- !'=:z<'-l ~;ci J::oCl.. ~J:: " _<("<t- otO a1z::;s fEJ5 . 4. It ci o o + '" en ~ '-k ..,0 ~oi ...<n . <0 g", ~ 'ili c:i ci >- ...J lr ~ ~ <.:> I ~ ~I >:: ~ Vl ~I ~ '8 >-1 ~I <Ii Q: '" ~I L1 ffi- .....JI"') [j. ~~ Q., It . "<t- V'l~ ~~ Ita:: <(. :t:0 o BY: . ACKNE, P.S.M. NO. 5606 1" - 150' DATE: AUG 31. 2005 DRAWN BY:-->lA!:1 PROJECT NO.: SOB1-CBR ACAD NO: 9073-SD827 FILE NO: 9073 EXHIBIT A Page~' of~ Agenda Item NO.1 OC October 11, 2005 Page 99 of 107 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUN TY, FLORIDA PARCEL NO. 827 PROPERTY OWNER: FtOR1DA APARlMENT CWB NAPLES 2~2. PO. 1054 0,211 ACRES % REFERENCE: 0 R AREA OF TAKE: ~ b 'l'l . N .... 0 G.j .....J <( U <n 126+00 128+00 132+00 DA VIS BOULEVARD -1..S~R,- 84) (7~ !,O. W,) L3 o ______0 + <.D ~ AlA TCHUNE SEE SHEa 1 OF J T.C.E. = TEMPORARY CONSTRUCTION EASEMENT P.O.C. POINT OF COMMENCMENT ~ BEARINGS ARE BASE,QPN THE SURVEY BASELINE P.O.B, = POINT OF' BEGINNING OF COUNfY BARN ROAD AS BSNG NOO'4J'Jl- W. R.O.W. = RIGHT-OF-WAY LEGAL DESCRIPTION AND SKETCH SHEET 2 OF 3 THIS LEGAL DESCRIPTION AN SKETCH PREPARED BY: DESCRIPTION: PARCEL 827 ..... CUENT: COLLIER COUNTY TRANSPORTATION DIVISION .... .... ..... ..... ..... ...... 1111:: UNDAGE~ Prof...tonal eJlliD_n, ple.DDen. " laud. .urftJOn .,.... an.1iiJ'l; IIaIU 'IDa. ,toO ,.---. 'In8. JWtIu ....... " ..1M <_,."-IIU J.- =::. ==.::: ~':.. ~:-" JL M:: ==== PeRPETUAL, NON"exCLUSIVE DRAINAGE AND UTILITY EASEMENT ~ a. < Z..". !Xl~ ::>- d. h0 Q. ~N i!1O ~~ ~o: <0 o ~ ~ LINt'. TABLE' Ul:lf .l.LMml ~ LI 25,01' N 89'34'58' W L2 10.00' N 89'55'53' E: LJ 7.11' N 4573'09' W L4 3.00' S 89'56'53" W LS 2.00' S 8916'29' W ot\! ~ in :j~ ~ c lJ'lc.:i ~'- 8 ~ 0 ~f5 ~ ~a. ,,~~ ; ... Q:: - 0 t\!>.: :;:1 ....: :: . ~~ -:<el5 Pi 2: ~i cj~C ...., Q:: ~ ~ ~a: O~::J 8 ~Cl::~ Vl ~ Uo 0..0;:) blo ~ CI 02: I 2s~ 8 0 ll: + '8 u I N iii :: '" '- L4 tsf5 ,,~~........ <'-12: -Ho'", lIo: ClO~~1Il 0 IX! iii Q: I.oJ + '" ~ ~q -IOWa:: 0 ~ ~ec~ :: ... lIo: ;.,~ It~~~ . ~~ . ~~:::ld ;; 'i '-!:: 0"'- wi tl.~ 8 ~l L5 ~\ 0 0 ~;t I ~. :;:: ~I '" Cl:: I'.,LJ L-:.1 0 [ill C\iU ." ~Ii I 1'.,"': co ~>- ....)0 ... V)...J ~~ , B~ ;; ~ Cl:.:2s 8~ <(0::: ;t8 ll.tl. s!'" h ~ lQu"" ~~(!) 1lI:X:a. Ur-.: :::1t(Q ~~..". ffiUa: !Xl d SEA CREST SCHOOL INC, O,R, 3219, PG. 2683 BY: W, HA NEY, .M. NO. 5606 ,- _ 150' DATE: AUG 31 20Q5 DRAWN BY:--slAIi PROJECT NO.: 80B1-CBR ACAD NO:9Q73-SDB77A fiLE NO:~ EXHIBIT A Page..2L. of..11.. Agenda Item No, 10C October 11, 2005 Page 100 of 107 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA LEGAL DESCRIP TlON (DRAINAGE AND UTILITY EASEMENT) A PARCEL OF LAND LYING IN SECTION 8. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING A T THE SOU THEAS TERL Y CORNER OF THA T PARCEL DESCRIBED IN OF'F1CIAL RECORDS BOOK 2852, PAGE 1054 PUBLIC RECORDS OF COLLIER COUNTY, F'LORIDA. SAID CORNER LYING ON THE WESTERLY RIGHT OF WA Y LINE OF' COUNTY BARN ROAD (100' R.O.W.): THENCE NORTH 89'34'58" WEST ALONG THE SOUTH PROPERTY LINE OF SAID PARCEL A DISTANCE OF 25.01 FEET: THENCE LEAVING SAID LINE NORTH 00'43'31" WEST ALONG A LINE 25.00 F'EET WESTERL Y mOM AND PARALLEL WITH THE WESTERLY RIGHT OF WAY LINE OF COUNTY BARN ROAD (100' R.O.W.) A DISTANCE OF 706.30 F'EH TO THE POINT OF BEGINNING OF THE PARCEL HEREIN BEING DESCRIBED: THENCE CONTINUING ALONG SAID LINE NORTH 00'43'31" WEST A DISTANCE OF 1565.11 FEET; THENCE LEAVING SAID LINE NORTH 45'23'09" WEST A DISTANCE OF 7.11 FEET; THENCE SOUTH 00'43'31. EAST ALONG A LINE 30.00 FEET WEST OF AND PARALLEL WITH SAID RIGHT OF WA Y LINE A DISTANCE OF 620.05 FEET: THENCE LEAVING SAID LINE SOUTH 89'56'53" WEST A DISTANCE OF' 3.00 FEET; THENCE SOUTH 00'43'31" EAST ALONG A LINE 33.00 FEET WEST OF' AND PARALLEL WITH SAID RIGHT OF' WA Y LINE A DISTANCE OF' 256.82 F'EET; THENCE LEAVING SAID LINE SOUTH 89'16'29" WEST A DISTANCE OF' 2.00 FEET; THENCE SOUTH 00'43'31" EAST A ALONG A LINE 35.00 FEET WEST OF AND PARALLEL WITH SAID RIGHT OF WA Y LINE DISTANCE OF 693.22 FEn; THENCE LEAVING SAID LINE NORTH 89'56'53" EAST A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; CONTAINING 0.28 ACRES OF' LAND MORE OR LESS; SUBJECT TO EASEMENTS AND RESTRICTIONS OF' RECORD; ABSTRACT NOT REVIEWED. PlRPETUAL, NON-EXCLUsIVE DfWNAOE AND UTILITY EASEMENT ..... .... .... ..... ..... ..... ...... :::::: UNDAGE~ Pror...tonal el1lln..rI, pl&nnen. k lend 1Urft70J'W ~ ~ hit. 100. ,... ~ mil. N~l ........ "' If,IDI (JII)M1-aau LM Ce-.t:J'1 "" 0MeIiI1It ..... .... __ ....w........... n. MI. ("~-HA c.uftea_ 101 ~ ..... III ..... ... . ..... ,.. cae..__ LEGAL DESCRIPTION AND SKETCH SHEET 3 OF ,3 DESCRIPTION: PARCEL 827 CLIENT: COLLIER COUNTY TRANSPORTATION DIVISION THIS LEGAL DESCRIPTlON AND SKETCH PREPARED BY: BY: GEORG W. AC NEY, .S.M. NO. 5606 SCALE: N.T.S. DATE:AUG 31.2005 DRAWN BY:-->lAH PROJECT NO.: B081-CBR ACAD NO:9073 SDB27A flLE NO:~ EXHIBIT A Page 1& of.2t. Agenda Item No 10C October 11. 2005 Page 101 of 107 PERPETUAL. NO~j{.:~USIVE ROAD RIGHT -oF-WI>I Y. I)RAIIWJE AND UTILITY EASi::MENT LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUm, RANGE 26 EAST COLLIER COUNIT, FLORIDA SHEET 1. OF 1. ~ 1Il~ PROJECT NO. 60101 PROJECT PARCEL NO. 128 ~"!_____________________...___--!!.~_ll!!!- s COUNTY BARN R.OAD (C.R..268) Rii""LhW-~ --- ______~t!!..!!.!!_ rEJtISTIIIf; DllAll/I<<. --' ~,urr E~T_ ---~----------- /'F/OPfJSED DIIA'1MGE. UTlUTY EASEI/E'T LlGA&. D($CIIP-lION . P.&JIC[l. NO. '21 'HE UI' 10 'UI CIF TME C" '00 flU ~ TMC. 'DLLaltlNe DESCIU lED lIttOfI'[an. TME IOU"" '12 aF' 'HE _TN 113 OF' TIC K 114 f11 nc .. I f4 Of' KeYlON II Tu.tIH" $0 SClJT". IWC[ 25 lAST. toLLI[ft CCUlfY. JLOIUDA. .~ I ~ EDEN INSTITUTE FOUNDATION INC. ~ FOLIO NUMBER: 00403400003 ~ O.R. 3364, PO. 2186 i '" -WI!I!L Jt.. . "'OMT r1F WAY ~I : tt:~.:;r:.ns '.1. . fIlLA' IOOl !'G. . PAGe "III . fI'ROf'USIONAL SURYEttlt . IItU'tIU c... . CIlUNTY ItOAO G... . cyrll:l.u. Jl[C'0IIt EAST PRDl'ERTY UIfE JOEL C._E. f'SII _~ _ MID 1IM'1'U1 ,_ C1!RrITIC#E MP.IfJD ORA" BY. JCIl Cf1I.U1JIl aJUNTT DBPAIlT/IIllNT f1I' ~AnaN CHECKED BY. SP DRAWING DATE. 01-11,05 SCALE. 1-.'00' EXHIBIT A p~ '1:3 of-Lt. Agenda Item NO.1 OC October 11, 2005 Page 102 of 107 P!RPETUAL. NON,r;:XCLlJSIVE DRAINAGE AND UTILI) Y EASEMENT PROJECT NO. 60101 PROJECT PARCEL NO. 829A LEGAL DESCRIPTION AND SKETCH DRAINAGE, UTILITY EASEMENT (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST SHEET .L OF .L ~ .~ RIW_L!.I'IIJ~~~ ~ -----... ,,-:u. : =.. :--=~.A~:OAD --"" ~ Q COIJIfTY BARN RON) ICII. 268) SE ~ OF THE IN! ~ OF SECTION 8 (C.R. 268) MIDTH VARIES) LWE:ST PROPERW UNE: lit E:ASTE:RlY RIW UNE OF _--E!!!!.!!_BARN ROAO_!:.R. 268) nl:> n____ R/W-U,. ----- '" ~ EXISTIN(J DRAINAGE. UTIUTY EASEMENT PROPOSED DRAINK;E, UTlUTY EASEME:NT Q L NO. 129A THE EAST 1 D 'EET or THE IIUT 100 FEET or THE FOI.LOIIIIIG DE SCR lIED PROPERT" THE _TH 112 or THI!: NORTH I 12 or THE SE I /4 or THE NIl 1/4 or SECTION ., T_IP SO SOUTH. RAHGE 26 EAST, COI.L1ER COUNTT, HORIDA. ~ ::J ~ i ~ SEACREST SCHOOL INC. FOLIO NUMBER: 00403400003 O.R 3163, PO. 2379 ... ~ ~ ~ i ~ RIW . RIGHT or lIAY LS . LAN) S_,,[TOR LB , LICENSED IUSINESS P,B. . P1.AT BOOK PG, . PAGE PSI! . P_ESSICINAL SURVEYOR' lMPPER C.R. . COUNTY ROAD O.R. . orFlCIAl. RECORD SE: ~ OF' THE IN! ~ OF SECTION B SIt' ~ OF THE: Nt: ~ OF SECTION B ~American "'a Consulting Engineers Df Florida, llC 4111 Land O' Lakes Blvd. Suite 210 Land 0' Lltkesj Florid. 34~39 Phon.: (813) 998'21100 Fax: (813) 996-1908 C6rflficate of AuthorIzation No. 7110 Jo.1 C. McG... P.S.M. No. 543D COl./JBR COUNTY DBP"t/lT)f/JNT 01' 7JtAMlf1Q\'TA 770N DRAWN BY, JCM CHECKED BY. SP DRAWING DATE. 08-18-05 SCALE. 1-'100' EXHIBIT~ ~ 71-f- otZ[ ~ETUAL, NON-EXCLUSIVE DRiJNAGE AND UTIU!Y EASEMENT Agenda Item NO.1 OC October 11, 2005 Page 103 of 107 PROJECT NO_ 60101 PROJECT PARCEL NO_ 829B SHEET .!.. OF J.. ~ ~~ LEGAL DESCRIPTION AND SKETCH DRAINAGE~ UTILITY EASEMENT (NOT A SURVEY) SECTION 8, TOWNSlllP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ..!!!!...J!.!!!_ ________________________-11~_ IIW v., OF' THE IIW v., or SECT~.!.J NE v., OF THE IIW v., OF SECTION 8 WEST PROPERTY LINE .. EASTERV' RIW LINE OF' COUNTY BARN ROAD (c.R. 268) 7i7Vi7Ii8 -- LECA!. DESCIII~TION . PAllCEL NO, .218 THE EAST SO FEET (IF TIlE IUT 100 FiET (IF THE FOLLOWI He DESCR lIED _RTh ~ ~ ~ i TItE SOUTH I n (IF THE SOUTH 1 n 01' THE lIE 1/4 (}IF THE NW 1/4 (IF SECTION .. TOINSHlP SO SOUTH, A&IlGi l6 UST. COLLIER COUNT? FLOlIID.. SEACREST SCHOOL INC. FOLIO NUMBER: 00403040007 OR 3219, PG. 2683 ~ AIW . RIGHT (IF IMY LS ' LAIIIl IURYEYOlI LB . L I CillSlD IUS llIESS P.I. . PLAT lOOIt PG. ' PAGI I'SIiI . I'II(IF[SS I OIIA!. SURYEYOlI . IlAPPEA C.R. ' COIINn AOAD D.A. . OI'F ICIA!. RECDRO NEv., OF' THE IIW v., OF SECTION 8 IIW v., OF THE NE v., OF SEr:T'1ON 8 ~ American .,. Consulting Engineers 01 Florida, LLC 4111 L.nd 0' L.k.. Blvd" Sullo 210 Lond 0' L.ko., Florid. 34839 Phon.: (813) 9U5.2BOO Fox: (BI3) 99S-190B Certificat. or AuthorizatiDn No. 7110 Jo.' C. McG... P.S.M. No. 5430 COU.I/IR CDlJNT'Y DBPA.R1'MllN1' QI1' ~A TION a COUNTY BARN ROAD (C.R. 268) '-1 ~ r- I I L~_,.J .... ~ t: i :t: l DRAWN BY_ JCII CHECKED BY. SP DRAWING DATE. 08-18-05 SCALE_ I ~'I 00' EXHIBIT A Pa~ t-t5 of..zt. Agenda Item No 10C October 11 , 2005 Page 104 of 107 PERPEllJAL, NON-ExcLUSlVE R(W) RlGHT-oF-wt,y. ~GE All) UT1U1Y EASa1ENT PROJECT NO. 60101 PROJECT PARCEL NO. 130 LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEE:T .L OF .L ~ ii!I~ _~IW U,." _______...__________________~"!. E#. RIW FOIf ~ ':for'": v=s~A[) ICIl.2S8J /Itff ~ of 1M IW1 ~ of SflCtfon B NE.~('Jrl"._~()'SfIC11on8 WEST P/lOf'ERTY LINE; , EASTERU' R/W LINE Of' COUN1Y BARN RoAD teA. s/ COUNTY BARN ROAD (c.R. 268) -ii/w-U;;;- ------,uwUM --~=~-~A::- UT!U1Y EASEMENT ~ i ~ BEREAN BAPnsT CURCHINC. FOUO NUMBER: 00403360004 O.R. 467, PO. 472 ~ i i LEGAL DESCRIPTION - PARCEL 130 THE EAST 50 FEET OF THE WEST 100 FEET OF THE NORTH ONE HALF (N 1/2) OF THE SOUTH ONE HALF (S 1/2) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION B. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA EAST I'fIOPERrY UHE Llo(NDr ,.,. . RICKT CJI" ..1' LS . UHD $UAvtyOfl tl . 1,ICEttSlEa SUSIHE$$ ~... . Pl.AT IO(Il: PC. I PAD( ~ . PftOF'ESSI DUI. SURV[ffllit . IlAP'Pl:R C.A. . COUNTT ROAD O.R. . ~FJCIII. RtCORO EXHIBIT A Pa~ 7U of-.Z.t Agenda Item No. 10C October 11, 2005 Page 105 of 107 PERPETUAL. NOH..excLUSNE R(W) RIGHT.()F..My. DRMWJE N<<J UTLI1Y EAV"9IT PROJECT NO. GOIOI PROJECT PARCEL NO. 131 LEGAL DESCRIPTION AND SKETCH PROPOSED RIGHT OF WAY (NOT A SURVEY) SECTION 8, TOWNSIDP 50 SOUTII, RANGE 26 EAST COLLIER COUNTY, FLORIDA SHEET .L OF' 1. ~ .. L----" I ~I i ~ -------------+- ---,' RIWJ.!.,._________________~~~__J COUNTY BARN ROAD (CoR.26l1) EAST f'1l0f'o'rr U1/E ." I .. , ~ I ~ ~ :~ 1: I~ ~ I ~ , ~I '" '" ;; i: ;:!i il I I I I I I I I I I ~ I ~ COLllER DAVIS LLC FOLIO NUMBER: 00403880005 O.R. 3391, PG. 2162 LUlL DEstRlPTlIJiI . PIltCIL NO. 111 TME lAST 10 FlU or '.. CST 100 FEET r:I TME FOLLWING UESCIIJIEO ~IITY. 114:...01' I1€NE.t11 THt:....or Si.CTlON I. T~I" ID lCUT". RANG[ 21 IEA'ST, CCl.LI€R CCMtTT. J'UIAID&. LlSS AIrIJ EltfPTI NG TIC.FROM tM[ MOIITN " FtE' '1CIller. ~ R~ ' IIONT 0" ...., tl : t~Jrr~~NESS P... . PL..' IGOK 110. . 'aGE P'SII . PltGf'ESII OIUI. SURVtfDR . ...."... C... . COUNT' ItOID 0... , ..rlCIAl. IllC_ JOEl. c.M:IllI:E. f'$II """I!SSlD/fN. _ NI() I/IHOt ,_ CERrIFDTE ... /IotJO 00UJl1/t 0DlJN7T _AII:TIIIlNT ()11 ntAJ\/lliIlQfTA7JQV DRAWN BY. JCII CHEC~ED BY I SP DRAWING DATE. 08-18'05 SCALE. 1-.100' EXHIBIT A ~ '71 of...:]1 TEMPORARY DRIVEWAY RElJfQRATION EASEMENT (DURATION: 3 YeARS FROM COUMENCEMENT OF CONSTRUCTION) Agenda Item No. 10C October 11, 2005 Page 1 06 of 107 f PROJECT NOt 60101 PROJECT PARCEL NO, 761 SHEET .L OF .L ~ LEGAL DESCRIPTION AND SKETCH ~ L----" TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) SECTION 8, TOVINSHIP 50 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ~ R,. . RIGHT OF MY LS . LAIfl SURVEYOR L8 'L I CiNSED BUS I NESS P.8, . PLAT IlOOIt PO. . PAGE PSIlI , PROFESSI~'" SURVEYOR a II&PPER C.R. . ClIUIITT ROAD D.R. , QFrICIAl. RECDllO LEGAL DESCRIPTION. PARCEL NO. 761 ~ ::l THE WEST 19 FEET OF EAS7 ~~ FEE7 OF THE NORTH 20 FEET OF A PARCEL NOW OR FORMERLY OWNED BY HARRY AND MARTHA BICKFORD BY DEED OF RECORD IN O,R, 2231, PAGE 1300 OF PUBLIC RECORDS COLLIER COUNTY. FLORIDA. SAID PARCEL LOCATED IN THE SOUTH 112 OF THE NW I/~ OF THE SW I I~ OF SECTION 8, TOWNSHIP SO SOUTH, RANGE 26 EAST. COLLIER COUNTY, FLORIDA. t is ~ ~ ~ HARRY & MARTHA BICKFORD FOLIO NUMBER: 00406600305 O.R. 223], PG. 1300 r-' , I I I ,! RIW u". r iXISTlNG ROADNAY, DRAIN.lCE ---L UTILITY EASEI/ENT --- I I I , I I I I I , I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ~ \.. I~ l;:j It 10: ,,- :~ I , Ill. I I:z:: I I'" I I~ I 26' I I ~ '-- I I I ~L I I I ...1 / 1 ~ I I I I I I I , I RIW FOR COUNTY BARN ROAD (e.R. 268/ /WIDTH VARIES) \ EAST P;;"E~TY LINE" WESTEIW' RIW LINE OF COUNTY 8NlN ROAD /C.R. 268/ COUNTY BARN ROAD NW ~ OF THE SII' ~ OF SECTiON B (C.R. 268) NE ~ OF THE SW ~ OF SECTION B "'11)1t "" ~~n~I~~~~~e~rs of Florida, LLC 4111 LlIl1d O' L.kes Blvd. Sulto 210 L.nd 0' L.kos, Florid. 34~39 Phon.: (813) 996,2800 Fu: (a13) 998,1PD8 C.rtlfJcat9 of Authorization No. 7110 Joe' C. McGee, P. S.M. No. 6430 CDLl.IIIR COUNTY DBPARTNBNT 01' 7lUN.SRNrrA77QV DRAWN BY. JCM CHECKED BY, SP DRAWING DATE. 08-18-05 SCALE. 1".60' EXHJBIT~_A Page-1L OU!: Agenda Item No. 10C October 11, 2005 Page 107 of 1 07 TEMPORARY DRIVEWAY REI'T'ORATION EASEMENT (DURAT1ON: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) SHEET L OF .l ~ LEGAL DESCRIPTION AND SKETCH · ~ TEMPORARY DRIVEWAY RESTORATION EASEMENT (NOT A SURVEY) SECTION 8, TOWNSHIP 50 SOUTH., RANGE 26 EAST COLLIER COUNTY, FLORIDA PROJECT NO. 60101 PROJECT PARCEL NO, 162 - I I I I I I I I I I I I I I I I I I 26' I :::::..--i I I I I I I I I I I I I -1-/ tlJIII fie I I I , I I I I I I I I I I I I I I I I I i " i ~ ..wi!!!h. Rill ' RIGHT OE .AT LS . LAIC) SUIlVETOR LII ' L I CEIlSED IIUSIIIES5 P.I, . PUT IIClCl1t 1'0. . "A<< P5U . PROFESS I OIIAL SURVEYOR II .....PER C.R. ' COUNTY ROAD O,R. , OFFICIAl. RECORD WEsr PROPEffT'Y UNE JONATHAN GIFFORD FOLIO NUMBER: 00406200006 O.R 842, PG. 1888 \It :J ~ ~ ... i LEGAL DESCRIPTION - PARCEL NO. 762 r ,I I 1 I I ! l-- I L ~ ~ THE WEST 19 FEET OF EAST 44 FEET OF THE SOUTH 35 FEET OF A PARCEL NOW OR FORMERLY OWNED BY JONATHAN GIFFORD BY DEED OF RECORD IN O.R. 942, PAGE 1868 OF PUBLIC RECORDS COLLIER COUNTY. FLORIDA. SAID PARCEL lOCATED IN THE SOUTH 1/2 OF THE NW 1/4 OF THE SW I /4 OF SECTION 8. TOWNSHIP 50 SOUTH, RANGE 26 EAST. COlliER COUNTY, FLORIDA. I / I I , 119' TEMPORAR'f DRNEWAY I RESTORATION EASEMENT ~EX/STING RONJWR',DRNNN1E " iff/IffY E:ASEMENT -- \. E;; ~ROPEffT'Y UNE " rfNf.r~ ,J1:l,co;. 2681 R/W U,. COUNTY BARN ROAD (C.R. 268 IIW ~ OF THE SW ~ OF SECTION 8 NE ~ OF' THE SW ~ OF' SECTION 8 tI:.American "'A'consultlng Engineers of Florids. lLC 4111 Land 0' Lak.. Blvd. Sulle 210 CfJl.lJBR COlINT'Y Phon.: ~:~:) ~~~~::~o F~":;~~8%~3:g8,m8 DilPARTJlBNT 01' TIlA.NSPOIlTATION C.rtlflo.to of AuthoriuOon No. 7110 Joel C, MoG... P. S.M. No. 8430 DRAWN BY' JeW CHECKED BY' SP DRAWING DATE. OB-19-05 SCALE, 1-.60' Agenda Item NO.1 OD October 11 , 2005 Page 1 of 19 EXECUTIVE SUMMARY Discussion and review of the County's Noise Ordinance (Code of Laws and Ordinances, Chapter 54, Article IV) as amended. OBJECTIVE: To protect the citizen's quality of life in all communities, whether within residential neighborhoods or upon our local streets. CONSIDERATIONS: During the public petition portion of the April 26, 2005, Board of County Commissioners meeting, a citizen expressed her concerns regarding the enforcement of noise, particularly that emanating from radios in motor vehicles and portable radios (boom boxes). In response to that presentation, the Board directed staff to evaluate the citizen's comments and provide information relating to the noise ordinance and whether it was sufficiently addressing this problem. -, Staff reviewed the information provided by the citizen as well as all regulations that are currently in place, both on the local level and Statewide, and found the following information. The Florida Statutes specifically provide for the enforcement of excessive noise emanating from motor vehicles (engine and muffler sound), as well as amplified music/stereo noises emanating from motor vehicles by law enforcement personnel. The Statute states, "it is unlawful for any person operating or occupying a motor vehicle on a street or highway to operate or amplify the sound produced by a radio, tape player, or other mechanical sound making device or instrument from within the motor vehicle so that the sound is plainly audible at a distance of 25 feet or more from the motor vehicle; or louder than necessary for the convenient hearing by persons inside the vehicle in areas adjoining churches, schools, or hospitals." (emphasis added). - The Collier County Noise Ordinance covers stationary noise sources only and specifically provides an exception to the ordinance for Motor Vehicles, as defined in Section 316.293 of the Florida Statutes. The enforcement of the Noise Ordinance falls primarily to the Code Enforcement Department. For the enforcement of stationary noise violations, Collier County Code Enforcement utilizes octave band readings as well as sound equivalency levels and averages the maximum tones, as measured over a 60-second interval, to determine ambient and source noise levels. Stereo sounds from motor vehicles in motion are not generally conducive to being measured over a 60-second interval, but can be so measured if the source remains stationary for sufficient time. Because Code Enforcement does not have the authority to stop motor vehicles, measurement of this noise source would be impossible without the assistance of Law Enforcement. As part of the analysis of this complaint, Code Enforcement staff coordinated with the Sheriffs office to determine how this issue can be best addressed. Both agencies agreed the problem might be alleviated through an education effort. In response to these concerns raised, Collier County Code Enforcement and the Collier County Sheriffs Office are coordinating efforts for joint ride-alongs in specific areas to monitor Agenda Item No, 100 October 11, 2005 Page 2 of 19 and measure amplified noise levels from both stationary sources and from motor vehicles. Part of this effort will include public education on the provisions of the noise ordinance, contact with businesses and individuals that install powerful, customized amplified music systems inside vehicles, and pro-active patrols to protect the public welfare and ensure that the residents of Collier County have peaceful enjoyment within their homes and upon our public streets. Staff's review of the regulations in place concluded that there are sufficient regulations in effect to address the issues raised by the citizen. All that is needed is additional resources and an educational effort. Code Enforcement currently has eight personnel trained to respond to noise complaints. However, the Department only has two meters to utilize for these efforts. With calibration requirements, this resource is at times reduced to one meter. Additional meters will allow the Department to be more responsive to the public's needs. Enclosed for review is a copy of the County's ordinance and one Florida State Statute. FISCAL IMPACT: Minimal fiscal impact is anticipated for the education effort being coordinated by Code Enforcement and the Sheriff's Office. However, if the Commissioners authorize the purchase of 2 additional noise measuring devices for the Enforcement of this Ordinance along with supplemental training of personnel in the operation of this equipment, there is an estimated fiscal impact of $20,000. GROWTH MANAGEMENT IMPACT: This issue has no Growth Management impact. LEGAL CONSIDERATIONS: This issue required no legal consideration. RECOMMENDATION: That the Board of County Commissioners retain the Noise Ordinance in its current configuration, and not make any amendment for Code Enforcement to have the authority to enforce noise standards where the source of. the noise involves a motor vehicle and authorize the purchase of additional noise measuring devices for Code Enforcement personnel. PREPARED BY: Michaelle Crowley, Code Enforcement Supervisor Agenda Item No 100 October 11, 2005 Page 3 of 19 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 10D Item Summary: This item continued from the September 27, 2005 Bee Meetmg. Discussion and review of the County's Noise Ordinance (Cod.:: of Lavlt> and Ordinances, Chapter 54. Article IV) as amended {,)osf.lpr, K. Schmitt, Admloi5trator. Community Deveiopment and Emflfonmflntal Ser.ices Division) Meeting 08te: 10/1 11200590000 AM Approved 8y Sandri:l Lea Eltecutivtl Socretary Community Developmenl8 Commlmlty Development & Envlronmentllf S&rvlr.e' Environmental $~rvie~!i Admin Date 9/6120061:37 PM Approved By GOR!i;tance A, J<thnson OpenUons Analy$t Community De-v~lopment& Community Development & Environmental Services Environmental Servict!s Admin Date 9/6/20051:41 f'M Appnwcd By Michelle Edward!; Arnold Code Enforcement Director Dale Community Development & Environmental Services Code Enforcement 9/6/20052:03 PM Appro\'ed By JOSeplll(. Schmitt Community D<-v!lopment & Environmental Services AtJmlnstrator D". Community Development & Environmental Services Community Devlllopment & Environment.., Services Admin 9171201)59:05 AM Allprtl\'ed By Mark Isackson Budgnt Analyst Da.. CQunty MlI.nager's Ornce Office 01 Manayement & Budget 9!9/2005 9:)1 AM AppnlVed By MfGhaelSmykoW\\kf Management & Budget OlreGtor Dltte County Manager's OffICI;' Office 01 Management & Budget 10/3/20D5 11:37 AM Approved By JamesV,Mudd County Manager D<l1(' Board of County Commissioners; Coullty Manager', Office '0/3I2DI)5 4:14 PM . -~ -".-_i , . / Agenda Item No. 100 October 11, 2005 Page 4 of 19 ENVIRONMENT ARTICLE I. IN GENERAL Sees. 54-1-54.25. Reserved. ARTICLEII.RESERVED* Secs. 54-26-54-55. Reserved. ARTICLE ill. WATER POLLUTION CONTROL PROGRAM Sec. 54-56. Title and citation. This article shall be known and may be cited as the "Collier County Water Pollution Control Or- dinance. n (Ord. No. 89.20, ~ 1) Sec. 54-57. Applicability. This article shall apply county-wide. (Ord. No. 89-20, ~ 2) State law reference-Conflicts between ordinances of noncharted counties and municipal ordinances, Fla. Canst. art. VIII, ~ (t). Sec. 54-58. Establishment; purposes and im. plementation. (a) There is hereby established the county wa- ter pollution control program (hereinafter re- ferred to as the "program"). (b) The program is established for the pur" poses of: (1) Implementing a county-wide pollution con- trol program to monitor and study the treatment and disposal of sewage. (2) Abating the effects that the disposal of the resulting sewage effiuent and solid pollutants has on the water resources of the county, *Editor'snote-Ord. No. 99-7, ~ 1, adopted Jan. 27,1999, repealedArt. n in its entirety, Formerly, said article pertained to the county's environmental policy technical advisory board. See the Code Comparative Table. Supp. No.9 !i54-f (3) Protecting the groundwater, freshwater, surface waters and other non tidal water resources from all sources of pollution in the county. (c) The board of county commissioners shall take all necessary and desirable actions to imple- ment the purposes of this program. (Ord, No. 89-20, ~ 3). See. 54-59. Funding and levy of taxes. The monitoring, study, protection and abate- ment prDgram designated pursuant to this article shall be provided from taxes levied in both the incorporated and unincorporated areas of the county. The levy of one-tenth Df a mill which was approved in the county-wide referenda Dn Novem- ber 6, 1984, and March 8, 1988, shall be for the purposes specified in this article. The program tax shall be levied and collected at the same time and in the same manner as provided by law for other county taxes. The property appraiser and the tax collector of the county are specifically authorized and directed to take all necessary and desirable action in furtherance of this section. (Ord, No. 89-20, ~ 4) See. 54.60. Advisory board. The board of county commissioners may by ordinance designate an advisory board composed of residents and electors of the county with advi- sory authority in the business affairs of the pro- gram and such other duties as may be assigned from time to time by the board of county commis- Sloners, (Ord. No. 89-20, ~ 5) Cross reference-Boards, commissions, committees and authorities, ~ 2-816 et seq. Sees. 54-61-54-80. Reserved. ARTICLE IV: NOISEt Sec. 54-81. Title and citation. This article shall be known and may be cited as the "Collier County Noise Control Ordinance." (Ord. No. 90-17, ~ 2) tCross reference-Oft'enses involving public peace and order, ~ 94-26 et seq. State law reference_Motor vehicle noise generally, F.B. ~~ 316.272 et seq., 403.415; noise from watercraft, F.B. ~ 327.65. CD54:5 Agenda Item NO.1 00 October 11 , 2005 Page 5 of 19 ~ 54-82 COLLIER COUNTY CODE Sec. 54-82. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Agricultural zone means any geographic area designated for agricultural activities by the zon- ing authority having jurisdiction over such area. Ambient noise means the all encDmpassing noise associated with a given environment, being usually a composite of sound from many sources near and far. Amplified sound means use of a public address system, loudspeaker, amplifier or any other de- vice which electronically augments the volume of sound. A-weighted level (dBA) means the sound pres- sure level in decibels as measured on a sound level meter using the A-weighted network. The level so read is designated dBA. Commercial zone means any geographic area designated for commercial or professional activi- ties by the zoning authority having jurisdiction over such area. Community event means any cultural, sport- ing, historical or traditional observance, holidays and -". / 1 [The next page is CD54:9] SUpp.ND.9 CD54:6 Agenda Item NO.1 OD October 11, 2005 Page 6 of 19 ENVIRONMENT f 54-82 ceremonies, parades and concerts open to the public, including events operated for profit or for which admission is charged, Construction means any site preparation, as- sembly, erection, substantial repair, alteration, or similar action, but excluding demolition, for or on any public or private right-of-way, structures, util- ities or similar property. Continuous noise means a noise which remains essentially constant in level during the period of observation. County code enforcement department means the designated authority charged with administra- tion of this article and enforcement in addition to enforcement by the county sberiff's office. Decibel (dB) means a unit for describing the amplitude of sound, equal to 20 times the loga- rithm to the base ten of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micronewtons per square meter. Emergency means an occurrence or set of cir- cumstances involving actual or imminent phys- ical trauma or property damage which demands immediate action. Emergency work means any work performed for the purpose of preventing or alleviating the phys- ical trauma or property damage threatened or caused by an emergency, Impulsive sound means a sound of short dura- tion, usually less than one second, with an abrupt onset and rapid decay. Examples of sources of im. pulsive sound include explosions, drop forge im. pacts, and the discharge of firearms. Industrial zone means an industrial zone is any geographic area designated for industrial or man. ufacturing activities by the zoning authority having jurisdiction over such area. Intermittent noise means a noise whose Bound pressure level exceeds the ambient noise level at either regular or irregular intervals. Noise means any sound which annoys or dis. turbs humans or causes or tends to cause an ad. verse psychological effect on humans. / Noise disturbance means one person or a group of loud, harsh, nonharmonious sounds or vibra. tions that are unpleasant and irritating to the ear which is or may be harmful or injurious to the health or welfare of a reasonable person with normal sensitivities or unreasonably interferes with the enjoyment of life, property or outdoor recreation. Noise level means the sound pressure level as measured in dBA unless otherwise specified, A measurement of noise must be at least five dB above the ambient noise level. Nonenclosed area means any area or structure that is not totally enclosed with a continuous roof, floor and walls constructed using rigid structural building materials. Person means any individual natural person, public or private corporation, firm, association, joint venture, partnership, or any other entity whatsoever Dr any combination of such, jointly and severally, Person shall include any owner, agent, or employee of a business establishment or other entity. Property boundary means the legal boundary of real property. In the case of multiple family struc. tures, the property boundary for purposes of this article shall be the balcony, porch or interior of the complainant's unit, Pure tone means any sound which can be dis- tinctly heard as a single pitch or a Bet of single pitches. For the purposes of measurement, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds arithmetic value of the sound pressure levels of the two contiguous one.third octave bands by five dB for center frequencies of 500 Hz and above and by eight dB for center frequencies between 160 and 400 Hz and by 15 dB for center frequencies less than Dr equal to 125 Hz. Real property line means an imaginary line along the ground surface, and its vertical plane extension, which separates the real property owned, rented or leased by one person from that owned, rented or leased by another person, ex. cluding intrabuilding real property divisions. CD54:9 Agenda Item NO.1 OD October 11 , 2005 Page7of19 I 54-82 COLLIER COUNTY CODE Residential zone means a residential zone is any geographic area designated for single or multi- family dwelling by the zoning authority having jurisdiction over such area. RMS Bound pressure means the square root of the time averaged square oC the sound pressure, denoted Prms. Sheriffs office means the county sheriffs office.. Sound means an oscillation in pressure, stress, particle displacement. particle velocity or other physical parameter, in a medium with internal forces. The description of sound may include any characteristic of such sound including duration, intensity and frequency. Sound lelJel meter means an instrument to mea- sure the sound pressure level of relatively contino uous and broadband noises. The sound level meter used to determine compliance with this article shall meet or exceed the requirements for type 2 sound level meter in accordance with ANSI stan- dard 81.4. Sound pressure level means 20 times the loga- rithm to the base 10 oCthe ratio oCthe RMS sound pressure to the reference pressure of 20 micropas- cals (20 x 10 - 8 N/m2), The sound pressure level is denoted Lp or SPL and is expressed in decibels. (Ord. No. 90-17, f 5; Ord. No. 93-77, ~ 2) Cr088 refereace-Definition. generally, t 1.2. Sec. 54-83. Violations; penalties; enforce. ment. (a) Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to a rme not exceeding $500.00 or impris- onment not exceeding 60 days, or both. Each day such violation is committed or permitted to con- tinue shall constitute a separate offense and shall be punishable as BUch hereunder. Any person who continues to violate the provisions of this article after having been previously cited, may be subject to further citations, including the day upon which the original citation was issued. (b) Upon conviction of violation of this article three times for the same offense within a 12- month period, when such sound is created by the same sound emitter, the noise creating equip- ment may be confiscated by the court Collowing the most recent conviction until such time as the offender can satisfy the court that he is prepared to and, in fact, will operate said equipment within the limits of this article. Further violation there- after shall result in the permanent confiscation by the court upon such conviction. (c) The owner of property, a tenant, a lessee, a manager, employee, an overseer, an agent, corpo- ration or any other person or persons entitled to lawfully possess or who claims lawful possession of such property involved at a particular time shall each be responsible for compliance with this ar. ticle and each may be punished for violation of this article. (d) It shall not be a lawful defense to assert that some other person caused such sound but each lawful possessor or claimant of the premises shall be responsible for operating or maintaining such premises in compliance with this article and shall be punishable whether or not the person actually causing such sound is also punished, (e) The county sheriff or his designee or any other authorized enforcement agency is empow- ered to investigate any situation where a person, business or other establishment is alleged to be in violation of this article. If the sheriff or his des- ignee or other authorized enforcement agent en- counters a circumstance which reasonably indi. cates that a person is in violation oCthis article, or where the sheriff or his designee or other autho- rized enforcement agent responds to complaints regarding amplified sound or nonamplified music from a nonenclosed area for which an annual permit has been issued, he may administer a sound level pressure test with a sound level meter and ascertain whether a violation of this article has occurred. If the result of the sound level pressure test indicates a violation of this article, the sheriff or his designee or other authorized enforcement agent is authorized to demand that the violative sound cease, to issue a notice to appear, or to ar- rest, the person producing, causing to be produced, or allowing to be produced the amplified noise. (0 In addition to the foregoing provisions, the following enforcement procedures shall apply where an annual permit is required pursuant to section 54.92 or section 54-93. (1) Upon the first violation oC the annual permit the county code enforcement depart- '\ ,/ ,--..... CD54:10 Agenda Item No.1 00 October 11, 2005 Page 8 of 19 ENVIRONMENT ment department or sheriff's department may issue a verbal or written warning, if one has not been previously issued by another authorized enforcement agency, and upon the second violation or any subsequent violations within a 2~-hDur period a written citation may be issued. Any violations for which a written cita- tion has been issued may be referred to the county code enforcement board or to a CDurt of competent jurisdiction, (2) If cited to the code enforcement board, the code enforcement board shall conduct a hearing and provide for and enforce such penalties as provided by law. (3) In addition to the authority of the code enforcement board to impose fmes and other penalties, the person, business es- tablishment or other entity causing or allowing to be caused the violative sound may be subject to civil and or criminal penalties as provided by this article upon conviction by a court of competent juris- diction. (4) Upon the second enforcement action re- ferred to the code enforcement board or to a court of competent jurisdiction within any 12-month period, the annual permit shall be revoked by the community devel- opment services administrator for one year from the date of final action by the code enforcement board or by a court of com- petent jurisdiction finding the person in violation of this article. During said pe- riod of revocation, the person having held the revoked permit shall be ineligible to apply for an annual permit issued pursu- ant to section 54-92 or section 54-93. (5) Any person aggrieved by the revocation of the annual permit by the community de- velopment administrator may appeal such revocation to the board of county commis- sioners. Such appeals shall be filed with the county administrator's office within 30 days of said permit revocation. The board of county commissioners shall hear the appeal after due public notice. (Ord. No. 90-17, ~ 12; Ord, No. 93-77, g 9) State law reference-Penalty for ordinance violations, F.S. ~ 125.69. Supp. No. 11 ~ 54-85 Sec. 54-84. Additional remedies. (a) In addition to the criminal penalties pro- vided for herein, the board of county commission- ers is hereby authorized to institute any appro- priate action or proceeding, including an action at law for damages or a suit for injunctive relief in order to prevent or abate violatiDns ofthis article. For the purposes of this article, the emission of any sound or the operation or maintenance of any device, instrument, vehicle or machinery in viola- tion of any provisions of this article which endan- gers the comfort, repose, health and peace of residents of the county is declared to be a public nuisance. (b) Nothing in this section shall be construed to prohibit the county from prosecuting any vio- lation of this article by means of a code enforce- ment board established pursuant to the authDrity ofF.S, ch, 162. Nothing herein shall be construed to limit any private right of action. (Ord. No. 90-17, g 12) Sec. 54-85., Findings and purpose. (a) The board of county commissioners finds and determines that noise level emissions in excess of the requirements established in this article are potentially harmful and injurious to the public health, safety and welfare, and unrea- sonably interfere with the enjoyment of life and property in the county. (b) It is therefore the purpose of this article to eliminate, regulate or restrict sources and occur- rences of amplified sound Dr noise at decibel levels or frequencies and intensities which are contrary to the public welfare, constitute a nuisance to the public at large and degrade the quality of life. It is determined by the board that excessive noise created by the amplification of sound emanating from nonenclosed areas such as chickee huts screened porches and the like when located i~ commercial or tourist use occupancies or zones within 1,000 feet of a residential use occupancy or zone is disruptive to the use and enjoyment of such residential property. It is declared that t1- provisions and prohibitions hereinafter con taint and enacted are for the purpose of securing and CD54: 11 Agenda Item NO.1 00 October 11,2005 Page 9 of 19 ~ 54-85 COLLIER COUNTY CODE promoting public health, comfort, convenience, safety and welfare, and the peace and quiet of the county and the inhabitants therein. (Ord. No. 90-17, ~ 1; Ord. No. 93-77, ~ 1) Sec. 54-86. Applicability. All territory within the legal boundaries of the unincorporated area of the county shall be em- braced by the provisions of this article. Noises originating in an area not embraced by the provi- sions of this article which emanate into an area embraced shall constitute a violation of this sec- tion. (Ord. No. 90-17, ~ 3) Sec. 54-87. Exceptions. The following uses and activities shall be per- mitted under this article: (1) Construction operations for which build- ing permits have been issued, or construc- tion operations nDt requiring permits due to ownership of the project by an agency of government; providing all equipment is operated in accord with the manufactur- ers' specifications and with all standard equipment, manufacturers' mumers and noise reducing equipment in use and in proper operating condition, and is oper- ated in compliance with subsection 54- 92(e). (2) Noises of safety signals, warning devices, emergency pressure relief valves and bells and chimes of churches. (3) Noises resulting from any authorized emer- gencyvehicle when responding to an emer- gency call or acting in time of emergency. (4) Noises resulting from emergency work as defined in section 54-82. (5) Noises resulting from equipment or oper- ations incidental to the emergency repair or restoration of services such as public utilities or other emergency activities in the public interest. (6) Any other noise resulting from activities of a temporary duration permitted by law and for which a license, permit or waiver Supp. No. 11 CD54:12 therefor has been granted by the county in accordance with sections 54-88, 54-89 and 54-93. (7) Noises madE q"i laving obtained a permit to. . P. s. (8) All noises c .' ~ e normal opera- tions of airc cx= ling scale model aircraft), an i:(.> mal operations ofacrports- lty. (9) Those mote trolled by F,S. ~ 316.293, as may be amended, but not those motor vehicles exempted from cov- erage. (10) Motor vehicles defined In F.S, ~ 316.293(1)(a) and (b). (11) Ordinary noise created by the operatiDn of railways. (12) Operation of equipment or conduct of ac- tlvities normal to residential or agricul- tural communities such as lawn care, soil cultivation, domestic power tools, lawn mowers, maintenance of trees, hedges, gardens, refuse collection, agricultural equipment, saws and tractors, street sweep- ers, mosquito fogging, tree trimming and limb chipping and other normal commu- nity operations, between the hours of7:00 a.m. to 10:00 p.m. (13) Compliance provisions. In those instances where an industry or commercial busi- ness had prior to February 23, 1990, es- tablished its place of business in an area removed from residential zone and subse- quently through encroachment of residen- tial development or rezoning. became im- mediately adjacent to a residential zone, such business shall be required to comply with all sound level limits. Notwithstand- ing the above, facilities and processes existing at the business site as of January 1, 2001 shall be deemed to be in full compliance with this article provided the respective business complies with the fol- lowing: a. An engineer with expertise in the subject matter area of acoustical en- gineering and licensed to provide Agenda Item NO.1 OD October 11, 2005 Page 10 of 19 ENVIRONMENT ~ 54-88 such services in Florida, is retained by the business to conduct, and does conduct, a thorough acoustical anal- ysis of the relevant noise producing operations of the business; and b, A timetable (for commencement and completion of the engineer's pro- posed sound reduction plan is to be undertaken by the business) is pre- sented to the county's director of code enforcement, who is hereby au- thorized to ascertain (with or with- out assistance of an acoustical engi- neering firm retained by the county) whether the proposed remedial mea- sures and timetable appear to be adequate and reasonable. If approved to be reasonable by the director, the director shall monitor the approved plan and timetable to confirm timely completion of the plan; and c. Based upon the engineering analy- sis, the business, by expending money and/or taking other remedial mea- sures, makes a good faith effort to attempt to comply fully with the applicable maximum noise levels as measured at representative residen- tial noise affected sites and/or units, and the remedial measures bring the offending noise levels toward com- pliance with the maximum sound levels, and after completion of the plan's sound reduction measures, the sound levels do not exceed any appli- cable maximum sound level speci- fied in this article by more than two decibels; and d. In the professional judgment of the business' retained acoustical engi- neer, expenditure of additional money or other resources, or taking other remedial measures to attempt to fur- ther reduce the levels of any such sounds is unlikely to result in any meaningful further reduction in any of the sound levels then emanating from the business. Supp. No. 11 e. Compliance with the above four sub- paragraphs shall conclusively estab- lish that if the county should require any further expenditure of money or the taking of any other remedial measures will thereby impose an un- due economic burden upon that busi- ness. Undue economic burden in- cludes monetary losses projected to result from requiring the business to comply more fully with the applica- ble maximum sound levels, includ- ing, but not necessarily limited to, cessation or any reduction of the business' hours of operating during any 24-hour period. (Ord. No. 90-17, ~ 8; Ord. No. 93-77, * 5; Ord. No. 00-68, ~ 3, 10-24-00) Sec. 54-88. Community event permits. Applications for a community event permit f- relief from the maximum allowable noise Ie limits designated in this section or section 54-8~ may be made in writing to the county administra- tor or his designee. A community event permit may not be obtained by the holder of an annual permit for any event permitted pursuant to the annual permit. Any community event permit granted by the county administrator hereunder must be made in writing and shall contain all conditions upon which said community event per- mit shall be effective. The county administrator, or his designee, may issue a community event permit under the following conditions: (1) The county administrator may prescribe any reasonable conditions or require- ments as he deems necessary to minimize adverse effects upon the community or the surrounding neighborhood, including use of mufflers, screens or other sound attenuating devices. (2) Community event permits issued hereun- der may be granted for any planned com- munity event as defmed herein. (3) Community event permits issued hereun- der for entertainment events, includi parades, entertainment events other th... at parks, playgrounds or school property; CD54:13 - Agenda Item NO.1 OD October 11 , 2005 Page 11 of 19 ~ 54-88 COLLIER COUNTY CODE concerts, in-street events, fireworks dis- plays, and substantially similar events may be granted. subject to the following conditions: a. . The event must be open to the public (admission may be charged); b, The permit can authorize the enter- tainment event to function for up to 16 hours in a 24-hour day; and c. . The entertainment event itself may function only between the hours of 8:00 a.m. and midnight. (4) Community event permits for other than entertainment events may be issued un- der the following conditions: a. If the community event relates to the operation of a trade or business but is not conducted in the ordinary course of that trade or business; b. If the applicant is an individual, the community event does not relate to the operation of a trade or business and the community event is not an ordi-nary event in the affairs of the applicant; c, If the community event is a recur- ring event but does not recur more often than four times each calendar year; and d. If the community event does not relate to the operation of a trade or business and the event is compatible with the ordinary activities of the neighborhood in which the commu- nity event is to occur. (5) Except in emergency situations, as deter- mined by the county administrator, or as restricted in section 54-88(3), a commu- nity event permit may be issued for only four hours between 7:00 a.m. and 11:00 p.m. on weekdays for events other than entertainment. (6) A community event permit may be issued for no longer than seven consecutive days. (7) No community event permit may be is- sued to allow the use of any loudspeaker Supp. No. 11 or sound amplifying device on the exterior of any building which at any time exceeds the applicable sound level limits in Table I hereof except those used. for emergency warnings and except as otherwise pro- vided by section 54-93 herein. (Ord. No. 90-17, ~ 9; Ord. No. 93-77, ~ 6; Ord. ND. 00-68, ~ 4, 10-24-00) Sec. 54-89. Waivers. Applications for a waiver for relief from the maximum allowable noise level limits or time-of- day restrictions designated in this article shall be made in writing to the board of county commis- sioners, when the activity creating such noise is located within the unincorporated area of the county. Any waiver granted by the board of county commissioners must be in writing and shall con- tain all conditions upon which said waiver shall be effective. The board of county commissioners may grant the waiver upon consideration of the request at a regularly scheduled public hearing and under the following conditions: .' (1) The applicant has not received a warning or citation from the code enforcement de- partment which is currently pending for violation of annual permit. (2) The board of county commissioners in granting a waiver, may prescribe any rea- sonable conditions or requirements it deems necessary to minimize adverse ef- fects upon the community or the surround- ing neighborhood. (3) Waivers from maximum allowable noise level limits or time-of-day restrictions may be granted for noises created within an industrial or commercial zone by opera- tions which were in existence on the ef- fective date of the ordinance from which this article was derived. (4) Waivers may be issued for no longer than 30 days, renewable by further application to the board of county commissioners. (Ord. No. 90~17, ~ 10; Ord. No. 93-77, ~ 7) CD54:14 Agenda Item No.. 100 October 11 , 2005 Page 12 of 19 ENVIRONMENT Sec. 54-90. Right to appeal. Any person aggrieved by the denial of his application for a permit by the county adminis- trator, or his design~, may appeal such denial to the board of county commissioners. Such appeals shall be taken within 30 days from the date of denial by filing with the county administrator a written notice specifying the grounds thereof. Due public notice of the hearing on the appeal shall be given. . (Ord. No. 90-17, ~ 11; Ord. No. 93-77, ~ 8) Sec. 54-91. Prohibitions. It shall be unlawful, except as expressly per- mitted herein, to make, cause or allow the making of any noise or sound which exceeds the limits set forth in this article. (Ord. No. 90-17, ~ 4) Sec. 54-92. Maximum pennissible sound lev- els. (a) Classification or use occupancy. For the purposes of defining "use occupancy" in the arti- cle, the following classifications shall apply. 0) All premises containing habitually occu- pied sleeping quarters shall be considered residential use. (2) Premises containing transient commer- cial sleeping quarters shall be considered tourist use. (3) All premises containing business where sales, professional, or other commercial use is legally permitted shall be consid- ered commercial use. (4) All premises where manufacturing is le- gally permitted shall be considered man- ufacturing use. (5) Nursing homes, hospitals, schools, librar- ies and church uses shall be considered residential uses. (6) Legally permitted use(s) of the site or unit shall supersede the zoning classification of the site or unit and in cases of multiple uses, the most restrictive actual lawfully Supp. No. 11 ~ 54-92 permitted use shall supersede and control the zoning classification applicable to that site or unit. (7) Each site or unit not otherwise classified as to zoning shall conform to commercial sound-level standards. (b) Maximum permissible sound and vibration levels by zoning classification or use occupancy. (1) No sound shall violate any sound stan- dard provision of this article unless the offending sound exceeds the then existing ambient sound level by at least five dBA for Table I, or five decibels unweighted for Table II, at the sound-affected site or unit. The board, by resolution(s), after pubic hearing thereon, may make, adopt, amend and repeal rules and administrative or- ders to implement, administer and en- force this article. No person shall operate, or cause or suffer to be operated anv source of sound from any use occupancy such a manner as to create a sound leve~, after applicable character of sound adjust- ments, if any, which exceeds the limits set forth for the use occupancy category in Table 1 or Table II, for any minimum part of any measurement period, which mea- surement period shall not be less than 60 seconds. Sounds should be measured at or beyond the property boundary line of the site or unit from which the sound ema- nates at any sound-affected site(s) or unit(s) that the tester deems to be most appro- priate, and which should usually be at a distance greater than 50 feet from the sound source unless there is valid reason for testing at a closer distance. "Real property line (or boundary)" means an imaginary line along the ground surface, and its vertical extension, which sepa- rates real property owned by one owner from real property owned by another owner, but does not include intra-building divi- sions. Test equipment shall be placed at a height at least three feet above the ground and at least four and one-half feet away from walls, barriers, obstructions and ar other sound-reflecting surfaces that migl. destroy the validity of the test measure- CD54: 15 Agenda Item No.1 00 October 11, 2005 Page 13 of 19 ~ 54-92 COLLIER COUNTY CODE ments. Wind barriers should be used when appropriate. If the investigation is based upon a complaint, the testing equipment should be located as close as possible to the sound-affected site or upit from which the complaint originated. All times are standard or daylight savings as applica- ble. The standard(s) to be applied shall be the standard(s) and/or table(s) that result in the lowest sound level(s) that violate this article. Equipment testing shall in- clude octave band analysis. An "octave band" is a range of sound frequencies divided into nine octave bands to classify sounds according to pitch (frequency). If the measured difference between the ap- plicable ambient sounds and the possibly violating sound levels is five dBA or unweighted decibels, each possibly violat- ing sound level shall be reduced by two dBA or unweighted decibels. If the mea- sured difference is six to eight dBA or unweighted decibels, the possibly violat- ing sound level readings shall be reduced by one dBA or unweighted decibel. If such measured difference is nine or more dBA or unweighted decibels, the possibly vio- lating sound reading should not be ad- justed based upon the difference. No per- son shall hinder, obstruct, delay, resist, prevent in any way, interfere with, or attempt to interfere with any authorized person while he or she is in the perfor- mance of duties pursuant to this article. TABLE I Zoning / Use at the location of the Sound Level Limit Sound-affected Site or Unit Time of Day or Night (dBA) Residential 7:00 a.m, to 10:00 p.m. 60 After 10:00 n.m. to 6:59 a.m. ., .. 55 Commercial or tourist 7:00 a.m. to 10:00 p.m, 65 After 10:00 p,m. to 6:59 a.m. 60 Manufacturin~ or industrial At all times 75 Arncultural At all times 75 (2) Table II, below, applies to all sound- affected sites/units. The required five- decibel difference between the ambient sound level and the offending sound ap- plies to every Dctave band. Table II ap- plies to sounds emitted from any single residential, tourist residential, commer- cial, industrial, and/or manufacturing op- eration, activity, process, plant or facility, or any combination(s) thereof. Provided the offending Table I sound level exceeds the ambient sound level by at least five dBA, or exceeds by five decibels unweighted any of the maximum applicable sound level in any octave band in Table II, it is a violation of this article when any such sound is caused or suffered by any such non-exempt activity, facility, entity, plant, operation, or process, by applying the following standards, as may be applica- ble: ANSI Standards: S 1.1-1994 (ASA 111) (Acoustical terminology; Definitions of technical terms not defined herein shall be obtained from the then current version of the American Standard Acoustical Ter- minology published by the American Na- tional Standards Institute, Inc. in S 1-1 or its then current successor in function); S 1.4-1983 (ASA 47) (Specifications for sound level meters); ANSI S 1.4A-1985 (Amend- ments to S 1.4-1983); ANSI S 1.6-1984 (1990) (ASA 53) (Standard preferred fre- quencies, frequency levels and band num- bers for acoustical measurements); ANSI S 1.11-1986 (R1993) (ASA 65) Specifica- tions for octave-band and fractional-oc- Supp. No. 11 CD54:16 ENVIRONMENT Agenda Item NO.1 00 October 11, 2005 Page 14 of 19 ~ 54-92 tave band analog and digital filters); S 1.12-1967, (R1986) (Specifications for lab- oratory standard microphones); ANSI S 1.13-1971 (RI986) (Measurement of sound 'pressure levels); ANSI S 12.4-1986 (RI993) (ASA630) (Assessment of high-energy im- pulse sounds with respect to residential communities); ANSI S 12.7-1985 (RI993) (ASA 62) (Measuring impulse noise); ANSI S 12.9-1988/Part 1, (R1993) (ABA 76) (En- vironmental sounds, Part 1); ANSI S 12.9- 1992/Part 2 (ABA 105) Environmental sounds - Part 2, and measurement of long-term, wide-area sound); ANSI S 12.9- 1992/Part 3 (ABA 109) (Environmental sound, Part 3, shDrt-term measurement with an observer present); ANSI S 12.18- 1994 (ASA 110) (Outdoor measurement of sound pressure levels); ANSI S 12.40- 1990 (ASA88) (Descriptors for determina- tion of compatibility land use-revision of ANSI 83.32-1980). Because these stan- dards (and/or the vibration standards) will be up-dated from time-to-time, such standards may be up-dated by resolutions of the board of county commissioners af- ter public hearing thereon, including the summary agenda process. Applying Table II, the nighttime hours are each day from 10:00 p.m, until 7:00 a.m. the following morning except as otherwise expressly specified in this article. Unless provided otherwise, each such sound that tests in excess of any such sound-affected site- specific applicable resultant value, after applying all applicable site-specific im- pulse sound and/Dr pure tone (character of sound) adjustments, shall be a violation of this article, TABLE II Maximum Unweighted Sound Pressure Levels (in unweighted) d~cibels-Day and Night Steady Sound Octave Band Center Freq. (in Hertz.) Residential Site or Unit 31.5 63 125 250 500 1000 2000 4000 8000 DBA Tourist or Commercial Site Manufacturing, Industrial, or Unit or Agricultural Site or Unit 84 84 81 77 73 68 64 61 57 75 The DBA row is for comparison purposes only, Refer to "Correction for Character of Sound" in subsection (3XC), below. (3) Vibrations emanating from commercial, industrial, or manufacturing facility. These are not sound limits. These standards apply throughout unincorporated Collier County. A vibration is an oscillatory motion of solid bodies described by displacement, velocity or acceleration with reference to a given reference point. It is a violation of this article to operate, permit, or sufff' operation or use of any industrial, manufacturing and/or commercial device, facility, operation, , process that causes any vibrations which exceed the applicable displacement(s) in inches SUpp. No. 11 CD54:17 Agenda Item No. 100 October 11, 2005 Page 15 of 19 ~ 54-92 COLLIER COUNTY CODE . ..~, . specified in Table III, below, at the property boundary of, or within, any vibration-affected site or unit in residential or tourist residential use or zoning anywhere in unincorporated Collier County. 8teady state vibrations are continuous or occur in discrete pulses more frequently than 100 impulses per minute. Discrete pulses that do not exceed 100 impulses per minute must not cause displacement in exce~s oftwice the applicable value(s) in Table III. Impact vibrations occur in discrete pulses which are separated by a time interval of at least one minute and which occur no more than eight times in any 24-hour period. These vibration regulations do not apply to activities conducted pursuant to, and to the extent authorized by, blasting permit(s) issued by Collier County or by any Dther governmental agency that then has superseding authority to issue the respective blasting permit(s). TABLE III Frequency of Steady State Vibration Displace- ment Frequency of Impact Cycles Per Second, Vibration Displacement Inches Cycles Per Second; Inches Less than 10 0,0004 Less than 10 0.0006 10 throut!h 19 0,0002 10 through 19 0.0003 20 through 29 0.0001 20 through 29 0.0002 30 through 39 0.0001 30 through 39 0.0001 40 through 49 0.0001 40 through 49 0.0001 50 and over 0.0001 50 and over 0.0001 The following standards shall be used, as ap- plicable, to measure vibrations: 180-2631-1 (Me- chanical vibration and shock-Evaluation of hu- man exposure to whole body vibration); ANSI 8 2,2-1959 (R 1990) (Calibration of shock and vibra- tion pickups); ANSI S 2.61-1989 (ASA 78) (Me- chanical mounting of accelerometers); ANSI S 24,21-1957 (R1989) (Characteristics of shock and vibration measurements). Athree component mea- suring system shall be used to measure vibra- tions. The testing system should measure earth borne vibrations in three directions, each of which occur at right angles to the other two. (c) Correction for charcwter of sound. (1) Steady pure tone. For each sound that is a steady pure tone, the applicable maxi- mum sound level limits set forth in Table I and Table II shall be reduced by five decibels at sound-affected sites/units in residential use or zoning, (2) Non-repetitive impulsive sound. For any non-repetitive impulsive sound (up to five Supp. No, 11 impulses in an hour), the maximum sound level limits set forth in Table I and Table II shall be increased by ten decibels from 7:00 a.m. to 10:00 p.m. (d) Multifamily dwellings. This subsection shall not apply if the sound-affected site/unit and the source of the sound can be regulated by the same management, including by restrictive covenant, lease, condominium document or any other rule or regulation that purports to be enforceable by the management against the violator, whether or not enforced. This subsection applies only to sounds when measured within a multifamily residence dwelling unit (occupied in whole or in part as the temporary or permanent residence of one or more natural persons) in residential, tourist residen- tial, or commercial use or zoning and the building contains two or more such dwelling units. It shall be a violation of this article to emanate any sound, including from equipment, live perfor- mance music, or amplified sound, that, when measured inside such a multifamily dwelling unit CD54.: 18 /- ENVIRONMENT in residential, or tourist residential use or zoning, exceeds 53 dBA anytime between the daytime hours of 7:00 a.m. to 10:00 p.m.. or exceeds 45 dBA anytime between the nighttime hours of 10:00 p.m. and 7 :00 a.m. "Management" includes landowner, landlord, resident manager. condomin- ium association, or any other substantially simi- lar individual, group or entity that has authority to control the respective sound(s). "Equipment" includes, but is not limited to, air conditioning unit, heating unit, pump, fan, utility facility, and any other substantially similar item, large or small, commercial or non-commercial, whether or not a fixture, within, adjacent to, or associated with the multifamily building comprised of two or more residence dwelling units. :\ J (e) Construction sounds. (1) Power driven construction equipment, No person shall operate or permit to be oper- ated any power driven construction equip- ment without a mufiler or other sound reduction device at least as effective as that recommended by the manufacturer or provided as original equipment. Con- struction equipment that must be oper- ated near a residentially zoned area a Dn a 24-hour per day basis (i.e., pumps, well tips, generators, etc.) shall be shielded by a barrier to reduce the sound during the hours of 6:00 p.m, to 7:00 a.m. unless the unshielded sound level is less than 55 dBA measured at or inside of the closest accessible for testing sound-affected resi- dentially zoned or used property. (2) Regulating noise from construction activ- ity. a. Any construction activities and site preparation activities including but not limited to land clearing and grad- ing, excavation and vegetation re- moval, authorized or permitted pur- suant to the provisions of this Code shall occur only during the following hours: 6:30 a.m. to 7:00 p.m., Mon- day through Saturday. No construc- tion activity or site preparation ac- tivity is permitted on Sundays or on the following holidays: New Year's , - Supp. No. 17 CD54:18.1 Agenda Item NO.1 00 October 11, 2005 Page 16 of 19 i 64-92 Day, Memorial Day. Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day, b. Any person desiring to engage in the aforementioned activities beyond the stated hours of limitation, based upon cases of urgent necessity or upon the interests of public health, safety and welfare may apply in writing to the county manager or his designee for an emergency construction permit, Such application shall state all facts and circumstances demonstrating the need for such permit. Such permits, if granted, shall be limited to 15 days, but may be renewed for addi- tional periods if the emergency or need therefor continues. Requests for renewals of said permit shall be made in writing prior to the expira- tion of permits previously issued pur- suant to this section. In the issuance of such permits, the county manager or his designee shall weigh all facts and circumstances presented and shall determine whether the reasons given for the urgent necessity are valid and reasonable, whether the public health, safety and welfare will be protected or better served by grant- ing the permit requested and whether, should the permit not be granted, the manner and amount of loss or inconvenience to the applicant im- poses a significant hardship. Upon an affirmative finding of the forego- ing considerations. the county man- ager or his designee is authorized to issue the emergency construction per- mit. Notice of said permit applica- tion shall be given to all property owners adjacent to the subject site. During such periods of emergency activities and during the normal con- struction or site preparation hours of 6:30 a.m. to 7:00 p.m., the noise levels generated by construction or site preparation activities shall not exceed those permitted under Ch. 54, Art. IV: Agenda Item No. 100 October 11 , 2005 Page 17 of 19 t 54-92 COlLIER COUNTY CODE ....-...-- (3) Exceptions. Construction activities or site preparation activities performed by the county, state or federal governments are exempt from this provision provided that Code Ch. 54, Art. IV is complied with, (f) Annual permit for live performance music and / or amplified sound at commercial or tourist commercial sites. Sounds to attract attention to a performance, show, sale or display. (1) Except as otherwise exempted by this article, no person shall cause, allow or suffer live performance music or ampli- fied sounds to emanate from or through a nonenclosed area within a commercial or tourist use occupancy or zone before ob- taining from the County an annual per- mit in accordance with subsection (3), below, No annual permit shall be issued for live performance music or amplified sound(s) to emanate from any site or unit then in residential use or zoning, al- though special events at residential sites may be eligible for community event per- mits authorized in this article. (2) Live performance music or amplified sound emanating from or through a nonenclosed area shall not exceed the applicable day- time levels between the hours of 9:00 a.m. and 10:00 p.m., and shall not exceed the applicable nighttime noise levels between the hours of 10:01 p,m, and 8:59 a.m. when measured out of doors at or inside the property boundary of other sites or units in residential use or zoning. These provisions are subject to the exemption in subsection (d), above (multifamily dwell- ing units under effective control of man- agement). (3) Prior to annual permit issuance, an appli- cation shall be filed containing all of the following information: a. Name and mailing address of appli- cant; b. Name and address of business or establishment where live perfor- mance music and/or amplified sound will emanate from such nonenclDsed area; Supp. No. 17 CD54:18.2 c. Description of the applied for nonenclosed area and the event(s) for which live performance music or amplified sound will emanate from the annually permitted nonenclosed area: (e.g., dinner hour, happy hour, daytime, evening or weekend enter- tainment, etc.), d. Describe all hours during any 24- hour period during which such live performance music or amplified sound will emanate. e. Calendar year for the annual permit being applied for. (4) Fee for annual permit, A $40.00 fee shall be paid by the applicant at the time of application for an annual permit for costs associated with administration and en- forcement. These annual permits run from January 1 through December 31. There shall be no proration of the application fee. These annual permit fees may be changed from time-to-time by resolu- tion(s) of the board of county commission- ers. <'.~ (5) Violation of annual permit for live perfor- mance music and amplified sound, Sub- ject to the multifamily dwelling unit "un_ der management exemptions" in subsection (d), above, any person who, or entity that, causes or allows to be caused annually permitted live performance music or an- nually permitted amplified sound to em- anate from or through any annually per- mitted non-enclosed area that exceeds any of the standards of subsection (2), above, shall be in violation of the annual permit and of this article. Each incidence of sound level and/or permit time-of-day or other permit restriction violations may consti- tute a separate offense as decided by the enforcement forum. in the specific case. (6) Enforcement of annual permit. Violations of the annual permit shall be enforced in accordance with the provisions of section 54-83. ) >- ~ Agenda Item NO.1 OD October 11, 2005 Page 18 of 19 ENVIRONMENT }' (g) Authorized school, park or playground ac- tivities. Nothing in this article is intended to regulate any sounds emanating from any autho- rized playground or school sporting event, enter- tainment event, or authorized event at a public or private playground or school provided the sDunds therefrom conform to the authorization granted by the playground's or the school's management to conduct that event, (h) Raceway facilities and activities at the lmmokalee regional airport. This article shall apply to the existing one-eighth mile drag strip at the Immokalee Regional Airport and shall con- tinue to apply thereto unless and until different noise levels may be determined by means of the following permitting processes, This article does not establish any sound level standards that are to apply to any future racing facilities or activities hereafter located at that airport. If additional raceway facilities are authorized at that airport, the sound level standards that shall apply thereto shall be determined by and during the permitting processes that authorize such future facilities and/or activities. The board shall have final ap- proval authority of the applicable sound levels after public hearing thereon. Those new sound level standards shall then be applied equally to the one-eighth mile drag strip. Those new sound level standards can exceed, but shall not be stricter than, the maximum sound levels now specified in this article, and shall be determined by and during the permitting processes that authorize such future facilities and/or activities. Such stan- dards shall be described in terms of A-weighted testing under Table I and by octave band stan- dards under Table II, and there shall be no time averaging of any of those sounds. Notwithstand- ing any other then existing enforcement alterna- tives, those standards, once established, shall be enforceable by applying this article. (i) Other remedies preserved, No provision of this article is intended to disturb the right of the county or of any person or entity to pursue any other remedy for the abatement of a nuisance, or any other remedy that may then be available under law or equity. This article does not apply to the extent the specific regulation is then pre- empted by Florida or federal law, rule or regula- tion, (Ord.. No. 90-17, S 6; Ord. No. 93-77, S 3; Qrd, No, 96-29, S I, 6-11-96; Ord. No. 00-68, S I, 10-24-00; Ord. No. 04-55, S 2.A) Supp. No. 17 H4-117 Sec. 54-98. Reserved. Editor'. note-Ord. No. 00-68. ~ 2, adopted Oct, 24, 2000, repealed ~ 54-93 in its entirety. Formerly said llection per- tained to the regulation of amplified sound within 1,000 feet of a residential use. See the Code Comparative Table. Sec. 54-94. Use of loudspeakers. Loudspeakers or public address systems used to produce sound signals from any source for either advertising or other purposes may not be. operated on or over public property and public right-of-way, unless a permit has been issued by the county administrator or his designee. A fee of $5.00 shall be paid for such permit. The permit may be canceled for noncompliance with this article. Such systems may be used. Monday through Saturday during daylight hours only. (Ord. No. 90-17, S 13) Sees. 54-95-54-115. Reserved. ARTICLE \T, TRANSPORTATION AND DISPOSAL OF SLUDGE. DIVISION 1. GENERALLY Sec. 54-116. Findings. The board of county comnusslOners hereby finds that it is necessary in the public interest to regulate the transportation and disposal of sludge in the interest of the public health, safety and welfare of the citizens of the county. Regulations concerning the transportation and disposal of sludge are necessary because sludges have the capacity to create hazards to the health, welfare and safety of the citizens of the county; to create public nuisances resulting from improper man- agement of said sludges; to pollute or otherwise adversely affect the quality of ground and surface waters of the county. (Ord. No. 87-79, ~ 1) Sec. 54-117. Purpose. The purpose of this article is to provide a means to regulate the transportation and dis- .Cl'OtIlI refereD~Businesses, ch. 26; solid waste, ch, 118; sewage discharge restrictions and prohibitions, ~ 134-271 at seq. CD54:18,g Statutes & Constitution :View Statutes :->2005->Ch0316->Section 3045: flsenate,gov Select Year: 1~.QO~i Agenda Item NaP. 1 of 1 October 11, 2005 Page 19 of 19 -, II The 2005 Florida Statutes "-_._~.-.---_.__.~.. ...-.----......,.,. IitleJ(XHI Cbapte.L3.16. VIew EntireChapler MOTOR VEHICLES STATE UNIFORM TRAFFIC CONTROL 316.3045 Operation of radios or other mechanical soundmaking devices or instruments in vehicles; exemptions.-. (1) It is unlawful for any person operating or occupying a motor vehicle on a street or highway to operate or amplify the sound produced by a radio, tape player, or other mechanical sound making device or instrument from within the motor vehicle so that the sound is: (a) Plainly audibLe at a distance of 25 feet or more from the motor vehicle; or (b) Louder than necessary for the convenient hearing by persons inside the vehicle in areas adjoining churches, schools, or hospitals. (2) The provisions of this section shall not apply to any law enforcement motor vehicle equipped with any communication device necessary in the performance of law enforcement duties or to any emergency vehicle equipped with any communication device necessary in the performance of any emergency procedures. (3) The provisions of this section do not apply to motor vehicles used for business or political purposes, which in the normal course of conducting such business use soundmaking devices. The provisions of this subsection shall not be deemed to prevent Local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power, from reguLating the time and manner in which such business may be operated. (4) The provisions of this section do not appLy to the noise made by a horn or other warning device required or permitted by s, .116.271.. The Department of Highway Safety and Motor Vehicles shall promulgate rules defining "plainly audible" and establish standards regarding how sound should be measured by Law enforcement personnel who enforce the provisions of this section. (5) A violation of this section is a noncriminal traffic infraction, punishable as a nonmoving violation as provided in chapter 318. History.--s. 1, ch. 90-256; s. 220, ch.. 99-248; s. 9, ch. 2005.164. Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be consulted for official purposes. Copyright Q 2000-2004 State of Florida. http://www..flsenate.gov/Statutes/index.cfin?p=2&App _ rnode=Display _ Statute&Search _ String=& URL=Ch... 8/31/2005 Agenda Item NO.1 OE October 11, 2005 Page 1 of 40 EXECUTIVE SUMMARY REVIEW AND APPROVE THE FY 2006 ANNUAL WORK PLAN FOR THE COUNTY MANAGER OBJECTIVE: To approve the annual work plan for the County Manager. CONSIDERATIONS: The County Manager reports directly to the Board of County Commissioners. In order to assure that his work performance is coordinated with the direction of the full Board. an annual work plan is developed by which the County Manager will be graded throughout the fiscal year. The County Manager's present contract requires that this work plan be developed in good faith between the Board of County Commissioners and Employee and adopted by the Board prior to October 1 of each fiscal year for implementation in the next fiscal year, FISCAL IMPACT: There is no fiscal impact associated with this item. .- GROWTH MANAGEMENT: There is no growth management impact associated with this item. RECOMMENDTION: That the Board of County Commissioners review and approve the FY-2006 Annual Work Plan for the County Manager. Prepared ,- Item Number: Item Summary: Meeting O.te: Agend.., Itern No, WE October 11. 2005 Page :2 ot 4U COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10[ ThiS item continued from the September 27,2005 ace Meetmg RevIew Gnd approve thf< FY 2006 Annual Wor~, Plan for the County Mal1ag~r 10/11/200590000 AM County Manllger Dnte Approved By James V. Mudd Bo;ard of Calm!')' Commlsliloner~ County Ml1nnQflr'~ Office 1.1120120062:51 PM Agenda Item No.1 OE October 11, 2005 Page 3 of 40 ,FY 2006 Action Plan James V. Mudd, Count Mana er The County Manager is tasked with carrying out the policy direction provided by the Board of County Commissioners. He is by ordinance to provide leadership for the day- to-day operations of the employees of the Board of County Commissioners. The following Action Plan is developed in an effort to provide clear expectations for the County Manager for the period from August 2005 through September 2006. The Action plan is based on the broad areas generally expected to be performed by the Executive Officer, including: communications, leadership, organizational direction, financial oversight, personnel, growth and capital project management. These areas are further categorized as to their pertinence and support of the FY 06 Strategic Goals and Objectives of Collier County that are enumerated below: It is Collier County's Strategic Goal - To Rebuild and Maintain Public Trust by dedicating its resources and efforts to the following strategies (objectives): S.D. 1. Revising the Growth Management Plan and Land Development Code to improve the County's ability to manage and control the rate and quality of future development S.D. 2. Developing reliable Public Infrastructure and Resource Management Processes. S.D. 3. Improving the financial planning, management and reporting processes. At the conclusion of the fiscal year, the Board of County Commissioners will be asked to perform an annual evaluation of the County Manager's performance by rating each of the following performance objectives on a 1 to 5 scale. Individual evaluations will be totaled and averaged to determine the Board's collective position. The following areas of Communications; Leadership/Organizational Direction; Personnel Management support the Strategic Goal - To Rebuild and Maintain Public Trust Page 1 of 13 Agenda Item No. 10E October 11, 2005 Page 4 of 40 Far COMMUNICATIONS Far Below Below Meets Exceed. Exceed. Standardl Standard. Standards Standard. Standard. 1 2 3 4 5 C.1 (Internal) The County Manager will be expected to ensure and provide regular, accurate communications to the employees of the BCe. e.2 (Internal) The County Manager will be expected to provide the BCC with timely and accurate responses to requests for information. As well as, coordinating drafts for plans, fees and controversial ordinances with the BCC members before the information Qoes public. C.3 (Internal) The County Manager will be expected to regularly communicate with the County Attorney and the Constitutional Officers to ensure that operations between these agencies and the BCC are coordinated. C.4 (External) The County Manager will be expected to provide information to the public through a minimum of one speaking engagement per month on average, as well as, developing new means to provide information to the public regarding County information. C.5 (External) The County Manager will be expected to ensure that the organization has systems in place to ensure that the general public is responded to in a timely and accurate manner. Also, improve Public Relations by providing more understandable and complete information to the public. More attention to detail in brochures, etc. Page 2 of 13 Agenda Item NO.1 OE October 11, 2005 Page 5 of 40 Far LEADERSHIP I Far Below Below Meets Exceeds Exceeds Standards Standards Standards Standards Standards ORGANIZAnONAL DIRECTION 1 2 3 4 5 L.l The County Manager will ensure that there is a clear direction that is communicated throuohout the oroanization. L.2 The County Manager will ensure that all executive summary reports provided to the Board have specific and clear recommendations. L.3 The County Manager will provide opportunities for the Board of County Commissioners to discuss and set proactive policy direction on key community issues. LA The County Manager will have staff involved in professional organizations and intergovernmental coordination organizations such as the Florida Association of Counties, to assist Collier County in achieving best management oractices. L.S The County Manager will ensure that the top management team for the County is provided clear organizational direction through specific action plans, regular individual and collective meetinqs. Page 3 of 13 Agenda Item No, 10E October 11, 2005 Page 6 of 40 Far PERSONNEL MANAGEMENT Far Below Below Meets Exceeds Exceeds Standards Standards Standards Standards Standards 1 2 3 4 5 P.1 The County Manager will ensure that there exists written human resources policies and procedures that are used throuohout the oroanization. P.2 The County Manager will ensure that there is a training program for County employees to train them on best management practices, to ensure concurrency within the organization and to promote a safe workplace. P.3 The County Manager will ensure that the County follows the Board/s established policies for the hiring and management of its employees. P.4 The County Manager will provide to the Board an annual pay plan as part of the budget that will provide for an organized means for salary administration. P.5 The County Manager will ensure that employees are provided performance expectations and performance evaluations that are both designed to enhance performance. Page 4 of 13 Agenda Item No. 10E October 11 , 2005 Page 7 of 40 The following area supports Strategic Objective 1: Revising the Growth Management Plan and Land Development Code to improve the Count}/s ability to manage and control the rate and quality of future development. Far GROWTH MANAGEMENT Far Below Below Meets Exceeds Exceeds Standards standards Standards Standards Standards 1 2 3 4 5 G.! County Manager will supervise the revision; reorganization; update of outdated and obsolete provisions of the Land Development Code (LDC). Through a series of workshops the BCe will provide guidance to the staff to these ends. G.2 The County Manager will continue to provide staff focus to get relevant GMP amendments approved by DCA, along with the 2nd EAR GMP amendments. G.3 The County Manager will supervise the development of LDC amendments to implement the Rural Fringe; Eastern Lands; 2nd EAR and road checkbook concurrency amendments of the Growth ManaQement Plan. GA The County Manager will provide staff coordination through a series of citizen committees to study and implement numerous community planninq initiatives. Page 5 of 13 ,'''' lfiJ4lllllll'r r T Agenda Item No. 10E October 11, 2005 Page 8 of 40 The following area supports Strategic Objective 2: Developing reliable Public Infrastructure and Resource Management Processes. CAPITAL PROJECT Far Far Below Below Meets Exceecls Exc:eecls MANAGEMENT Standards Standards Standards Standards Standards 1 2 3 4 5 CP.1 The County Manager will , provide a capital budget that will clearly describe the capital projects proposed for the following fiscal year along with the proposed means for funding such projects. CP.2 The County Manager will provide regular updates to the County Commission on key capital projects in a manner which is easy to understand and timely. CP.3 The County Manager will ensure that for each key capital project that there is clearly established responsibility, budgets and schedules for each. The Manager will also . implement business processes that will control costs a nd cost overruns. CPA The County Manager will work through the County's Finance Committee to bring recommendations regarding any and all capital projects that reauire financing. CP.S The County Manager will in particular track Transportation & Utilities construction and provide the Board with more frequent updates as to progress or adjustments to construction and financing plans. Page 6 of 13 Agenda Item No. 10E October 11, 2005 Page 9 of 40 The following area supports Strategic Objective 3: Improving the financial planning, management and reporting processes. Far FINANCIAL MANAGEMENT Far Below Below Meets Exceeds Exceeds Standards Standards Standards Standards Standards 1 2 3 4 5 F.l The County Manager will present an opportunity annually, prior to the development of the annual budget, for the County Commission to have a policy level discussion regarding the next year's annual budqet. F.2 The County Manager will develop an annual budget that will be presented to the County Commission in workshop format and then again in accordance with statute for public participation through a series of two separate public hearings. Continue to make improvements to the budqetinq orocess. F.3 The County Manager in conjunction with the Clerk of Court's Finance Department will maintain a system for managing the budget, to ensure that budgets are properly administered. FA The County Manager will provide financial coordination through a committee, including the Budget Office, the Clerk's Finance Department, and the County's Financial Advisor, who will review and make clear recommendations on any and all matters that involve financing issues. Page 7 of 13 ,...I<ilj'\!i'_Ill,.iIIU llllllillilillniliNlillit-1i" =- '1'1l"'" ''<j'' ..-...... ';flI""',,''''',,""",^'''''~'';'<'''''' Agenda Item No. 10E October 11, 2005 Page 10 of 40 FINANCIAL MANAGEMENT Far Far Below Below Meets Exceeds Exceeds (Con'tl Standards Standards 5tendards Standards Standards 1 2 3 4 5 F.5 The County Manager will provide annual updates of user fees and other non-Ad Valorem revenue, i.e. impact fees, qrants, etc. F.6 The County Manager will work cooperatively with the Clerk of Courts on the preparation of the CAFR and respond promptly and thoroughly to any issues raised by the external auditors. Goals for Fiscal Year 20f)6,: If given the opportunity, I would like to build on the successes of this year and continue to institutionalize many of the changes that have been made. Truly exceptional organizations focus a tremendous amount of attention on internal improvements. Creating a better work environment, finding the best employees, keeping and improving them, focusing on how to conduct business with better customer service results, making internal changes that result in work being done smarter, faster, more efficiently or effectively. We want to make the "routine" truly routine. Great organizations do routine things routinely! This will require continued improvement in our planning, refining assignments and responsibilities, and establishing/maintaining accountability. Specific areas of improvement that I would propose as part of next year's action plan would include: 1. Following through on the County's Strategic Plan for 05/06 and Developing an UpdatedJRevised Strategic Plan for 06/07. As discussed in the Strategic Planning workshop. Establish and finalize a long range County plan for infrastructure improvements East of CR 951, along with a solid financial plan that supports it. The East of951 Study is very important to the County. This is an opportunity of a lifetime to get it right in at least half of the County. We need to make sure that the resources, expertise and dedication are applied Countywide to this study to make it a success. In addition, the outline of the new draft Strategic Plan for 06/07 is at enclosure 1. Guide the implementation of the new strategic plan after BCC approval and align the organization around that plan. Page 8 of 13 Agenda Item No.1 OE October 11 , 2005 Page 11 of 40 2. Community Development. We will continue to focus on improving the business processes within this division and amending the codes to manage growth better and instill smart growth tenets, Implement measures to improved customer service as outlined in my 8-step Improvement Plan -- training, develop a Customer Friendly Lobby, Redefine the EDC "Fast Track" program, Improve overall customer service and response, Develop and propose LDC amendments to allow more flexibility in dealing with environmental restrictions, establish a "business roundtable" to discuss continued process improvements. (Details at enclosure 2), In addition, conduct at least 2 PUD/IOU workshops; continue to manage the FIRM restudy process as renegotiated with FEMA; implement development review business process improvements, including establishment of product turnaround metrics; and continue to pursue a Collier County Mitigation Park (Bank). 3. Improved use of technologY and web site. The technology in place is capable of much more than we use it for. AIMS, GIS, SAP, and Novus (the new paperless agenda) are all examples of exploitable technology within our grasp. In 2005/2006, produce a professional agency Web page that standardizes screen layouts, content requirements and navigation protocols, i.e. (common "look and feel"). Complete redesign of the county's web site plus marketing campaign for rollout 6 month project. Measure feedback from users. 4. Succession Planning. Continue developing what is known as "bench strength" or developing a management team below the Division and Department level of people who are skilled, ready and able to step into higher management positions. 5, Development of more regional strength at the State Legislative level. Continue to strengthen relationships that have been formed between Collier, Lee, Charlotte, Sarasota and Hendry Counties to develop even more unified positions on issues that affect Southwest Florida from Tallahassee. A dedicated State lobbyist should help in this regard. Collier is in line to host the SW Florida legislative Day in 2006. 6. SB360 Glitch Bill. Make sure that we stay on top of SB360 and its impact on the County Growth Management Plan; Make the required State deadlines. Work to correct the needed "glitches" to the state's Growth Management Bill 7. Federal Lobbyist. - Cultivate interactive, interdependent relationships with our federal lobbyists and key legislative aids and Representatives and Senators in Washington, D.C. 8. Successful capital proiect management. FY05 will see another large capital construction program. Managing these projects to successful and timely completion will be a priority. Road Improvement Projects of Interest: a. Golden Gate Parkway Page 9 of 13 Agenda Item No. 10E October 11 , 2005 Page 12 of 40 b. Golden Gate Overpass c. I-75/Golden Gate Interchange d. Goodlette-Frank Road e. Immokalee Road f. Rattlesnake-Hammock Road g. Phase II Computerized Signal System & SCOOT Pine Ridge Rd. pilot h. Vanderbilt Beach Road 1. Collier Blvd. J, Acquire Row for Oil Well Rd, multi-Ianing Critical Utility Improvement Projects: a, South County Water Plant and Wellfield Expansion b. North County Sewer Plant Expansion c. North-South Sewer Interconnect d. Well field Reliability and Expansion Program e. Reclaimed Water ASR f. Potable Aquifer Storage Recovery (Manatee site) Construction. g. NE Regional Water Treatment and Water Reclamation Facilities h. Reclaim Cells 1 &2 at the Landfill 1. North County Water Plant Mid Hawthorn Wellfield J. Residential Recycling Cart Program k. Naples Recycling Center Improvements Public Safety Projects: a. New Emergency Services Center b. Sheriff Special Operations Center c. EMS-19 Station (Santa Barbara) d. Station renovations and preventative maintenance at EMS facilities. e. Estates (Orangetree) Sheriff's Substation Other Significant County Projects a. North Collier Regional Park b. Collier Blvd. Boat Park c. Goodland Boat Ramp d. Vanderbilt Beach Parking Deck e. Courthouse Annex and Parking Deck f. North Collier Government Center g. Multi-year Arterial Landscape program h. FPL and Collier Blvd. Greenway Projects 1. City of Naples/Collier County Beach Renourishment Project J. Marco South/Caxambas Pass Beach Renourishment Project k. Eagle Lakes Community Park 1. Golden Gate Library m. Marco Island Rose Hall Addition n. South Regional Library. Page 10 of 13 Agenda Item NO.1 OE October 11, 2005 Page 13 of 40 o. Gordon River Water Quality Park p. East Naples Community Center Expansion q. Restoration of the Naples Depot r. Sheriff and County Fleet Maintenance Facility 9. Overall Operational Improvements: A. Enterprise Content Management/Records Management - This is the first of a multi-year project. Two objectives are involved - one is the engagement of a consultant to (I) determine the current state of records and document management, (2) conduct a basic document inventory, and (3) layout a plan for future implementation of a full ECM application; the second is to hire a Records Manager and Records Technician (pending BCC approval ofUFR requests). The first phase of the contract is expected to be complete no later than January 2006; hiring should be complete by that time as well. B. Successfully implement both the commercial and residential recycling initiatives. C. In conjunction with the Collier County School Board, refine the interlocal agreement dealing with the School Board Construction Review Process and develop implementation plans to comply with the mandates for school concurrency as defined in the state Growth Management Bill- SB360. D. Finish Implementation of Contract Administration Plan Initiatives. a. Improved Internal Communication between sections of the Department b. Acquisition Planning c. Timely Landscape Median Bidding and Contracts for Summer 06 contract schedule d. Develop Technology Enhancement Plan o Select and begin pre-implementation succession strategy for current SAP application o Enhance Dept. Inter and Intra Websites o Investigate electronic bidding options o Investigate contract administration software o Develop Purchasing Card Program Enhancement E. Guide the implementation of the Operations Management Tracking System (Ops Track) that measures efficiency, productivity and effectiveness. F. Continue to improve the Agency's public affairs & customer relations programs (i.e. on-line, quarterly, external, e-mail newsletter & bi-ennial citizen survey questionnaire). Enhance marketing analysis to support advertising and other promotional efforts by various county departments and market County Government successes to the public. Page 11 of 13 Agenda Item No. 10E October 11, 2005 Page 14 of 40 G, Streamline the recruitment & selection process - A very strong Employee and Labor Relations Manager was hired and one of his goals is to review and improve recruitment. The first step in that process is to hire a generalist to fill a long-standing vacancy, which will allow for one generalist dedicated strictly to recruiting efforts. With this change the recruiting market will be analyzed for all hard-to-fill positions with a goal of increasing the applicant pool by looking in the "right places." To further enhance these efforts, a comprehensive employee relations plan is being developed to enhance work environments, place greater value on human capital, and make Collier County an even more desirable employer. As recruiting hurdles are identified, efforts will be taken to mitigate challenges. One particular area of concentration at this time is high cost of housing in the Collier County area. As well as, guide & monitor implementation of the changes to the employee benefits package. H. Open On-Site Primary Care Clinic - Funds for this project were approved in the FY05 budget. Risk Management released an RFP in November 2004. Unfortunately, the proposals received were either too costly or unresponsive. All proposals were formally rejected in March 2005 and a revised RFP released in May 2005. Only one response was received, which is currently being analyzed but appears very promising. 1. Improve emergency preparedness planning & response capabilities, a. Continue Emergency Management team development within the community toward building a disaster ready and disaster resistant community. b. Build more teamwork within the fire and emergency services. throughout the county and the municipalities. c. Build additional force and supply capability to allow Collier County to become more self-sufficient for disaster response and management. Secure warehouse space for a Logistics Center. d. Continue efforts to close the gap on emergency shelter needs through pun commitments (facilities or "in lieu of" donations). J. Reach final resolution of the Everglades Airpark. Need the BCC to determine whether to continue pursuing the transfer to Everglades City or remain as part of the Airport Authority. K. Increase the tourist tax revenue by 10% over FY 05. Increase summer hotel occupancy by 3%. L. Open the NCRP Water Park and Community Centers with fully trained staff by May 26, 2006. Plan to have a soft opening in late May with a Grand Opening by June 3rd. Page 12 of 13 Agenda Item NO.1 OE October 11, 2005 Page 15 of 40 M. Implement the beach access initiatives to include land purchases, retention of consultants for construction design and pennits and develop an inter-local agreement with Rookery Bay by June 30, 2006 . N. Develop a comprehensive land use plan for the landfill property, locking it down for our future solid waste management needs. O. Address the Reclaimed Water Master Plan and Policy. Develop a policy to meet the growing demands for customer irrigation water needs. P. Work with the Florida Government Utility Authority and the City of Marco Island to facilitate potential bulk service agreements. Q. Develop an overall, 20 year capital funding strategy involving cash, commercial paper, bonds, and SRF funding for water and sewer capital projects. R. Implementation a new automated "caps track" software application that will provide a "dash board" feature for on-demand project status reports. S. Finalize EAR base GMP amendments and vet through CCPC and BCC for transmittal and adoption. T. Finalize all the required Impact Fee studies -- most notably, the school impact fee study and vet through the Collier County School Board and the BCC, Update Transportation Impact Fees. U. Implement the County-wide affordable housing impact fee deferral program. V. Develop and Implement a Multi-Family Housing Recycling Strategic Plan. Multi-family housing is a large component of residential housing in Collier County. Recycling opportunities abound in those households provided there is a process and physical location available for multi-family recycling. A strategic plan is needed to identify ways to increase recycling within multi- family housing and to provide the mechanism, political or physical to ensure compliance with recycling initiatives. W. The new Employee Recognition Program will present a multi-faceted approach to recognizing employees, both informally and formally. The program was devised after an employee survey was distributed and an employee committee was formed to make recommendations. X. Stabilize and increase the professionalism of the PSD. All open Public Services Division Director positions have been filed. 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'(; wg"O'_ _ "O-llu ib""o~F'l"""i3 "" ~ i~~O ';.2~~~=~-m~~8~ ~> .121': &.B3!Il1l>elll'l'l1 ilold~"'g, iliOi ~ ~ i! flg 'R!/ ~ ~ ...~;g !l.~ .a. 9 ~ ~ '!l :iJ ~ e ~ i C .0fJ N - ~ po. r- ~..s u-.- U) l.l i3 ~ tIJ ,::; tI.:I ... :l ~ "'C .S 0'g~~D~ ~~~~~~~~~~8~~~~i~ Agenda Item NO.1 OE October 11, 2005 Page 18 of 40 GUIDING PRINCIPLES Honest & Integrity: We speak and act truthfully, acknowledging mistakes, keeping commitments and avoiding silence when it may be misleading.. We do the right thing even when it's unpopular or nobody would know the difference, Fairness: We treat others with the respect, dignity and courtesy they deserve Service: We value and embrace the opportunity and responsibility to serve our community. Our customers come first and we will strive to serve them in a friendly, fair, respectful and efficient manner. Accountability: We are individually and collectively responsible for our behavior and performance. We will conduct business in accordance with the highest professional and ethical standards. Quality: We strive for continuous improvement in our products, services, programs and facilities. We will seek to do the entire job right the first time. Knowledge: We are a learning organization. We encourage and promote continuous personal and professional development as a means of enhancing our team members' ability to plan for the future, make good decisions and solve customer problems. Stewardship: We recognize that we are spending other people's hard earned money. As such, we carefully manage the resources entrusted to us. We seek to control costs of operations, improve efficiency and provide the greatest ,value and return of invested funds. Collaboration: We realize that our success is interdependent on the success of other organizations, businesses and institutions on our County, region and State. We seek therefore to work cooperatively with these agencies to leverage our collective resources to achieve our mutual goals. Agenda Item No. 10E October 11 , 2005 Page 19 of 40 Memorandum From: Board of County Commissioners ~~ager To: Date: September 9, 2005 Subject: Response to Collier County Permit Study On June 2, 2005, the consulting firm University Research Consultants, Inc, delivered a written report to the Economic Development Council of Collier County (EDC) entitled Review of Development Permitting & Regulatory Process. The study was conducted at the request of the EDC in response to recurring permitting delays with the EDC Fast Track Program, a program created in October 1997 through the Public/Private Partnership between the EDC and the Board of County Commissioners, to expedite the regulatory process for businesses expanding or relocating to Collier County and creating new, high wage jobs in targeted industries. The key findings and recommendations contained in the final report, which covered the period December 16, 2004 through May 16,2005, were based on a combination of data and observations obtained from an on-line survey questionnaire; personal interviews with industry stakeholders and key county staff, reviews of randomly selected permit applications at COES and a cursory review and comparison of permitting and regulatory practices and standards in other counties and cities throughout the United States. County staff has closely reviewed and analyzed the contents of this report and has found it to be very informative with regard to quantifying the level of customer concern with the timeliness of the current permitting and regulatory process, as well as customer concerns about staffs perceived lack of accountability and customer service. However, staff was disappointed that the report failed to address, except in a cursory manner, a third critical element in the permitting and regulatory process in addition to timeliness and customer satisfaction; that being cost or workload. The final report provides a brief comparison on page 97 of inspector workloads in four cities outside the State of Florida in selected disciplines (electrical, fire and code enforcement). Staff would have found a more detailed comparative workload analysis with other high growth, Florida coastal counties to be more useful and equitable in helping to assess relative performance and future improvement opportunities. This information was fairly easy to obtain. For example, staff compiled the following data from two comparable counties: Office of the County Manager ,.t4li Mfl.n.lIr ~ , 1 #of # of Permit # of Permits # of Plan # of Planiage 2) County Permits Techs. per T ech.lDay Reviewers oer Reviewer/Day Palm Beach 36,619 34 5 24 7 Lee 36,471 40 4 19 9 Collier 39,515 16 11 7 22 Agenda Item No. 10E 2005 of 40 The staff has initiated the following actions to address the key findings and recommendations contained in this report: . Improved Customer Service The Community Development & Environmental Services Administrator has initiated the enclosed comprehensive and detailed eight-step action plan to improve customer service within the entire division. This action plan contains a series of policy, operational, business climate, staff development and industry outreach initiatives designed to eliminate the "us vs. them" sentiment described in the report. One key element of this action plan is a staff commitment to redefine the EDC Fast Track Program complete with institutionalized, codified procedures for expedited reviews of all development orders and permits qualifying as "Fast Track" projects. Implementation of this action plan is underway. . Improved development review and buildina permittina business processes One of the key recommendations of the report was to obtain an expert, independent review of current staffing deployments and business processes to make recommendations for sustained, systemic, quantifiable improvements in these areas. Toward this end, the County Manager has assigned his independent senior operations and management consultant to conduct a comprehensive process improvement review that includes mapping of current processes and development of matrices for improvement that can be used for performance outcome goals for staff and the organization. This analysis will include, if necessary, recommended changes in staffing models and associated resource reallocations. This project is underway. A preliminary project status report is enclosed. . Improved Quality of reviews (timeliness. accuracy. responsiveness. etc.) throuah appropriate allocation of resources The quality and timeliness of development review & permitting activities is significantly influenced by workload. As referenced earlier in this memorandum, staff workload ratios routinely, and in some cases, substantially exceed industry standards. While in some respects this can be viewed as optimizing productivity, stretching existing staff resources beyond sustainable levels can result in unintended consequences in terms of quality and customer interaction. As the EDC report itself states, " It needs to be noted that quantity gains, however, may be negated by quality losses if inspector speed results in faulty inspections." The ultimate goal is to resource the development review & permitting process with staffing that optimizes both quantity and quality goals. Toward this end, the Board has approved the expanded position requests recommended by the CDES Administrator to add 23 new positions to these functions in fiscal year 2006. These additional resources will help expedite reviews without sacrificing quality. We will continue to benchmark our workload vs. staff levels with other counties in Florida and the U.S. in the coming years to make sure we have the right quantity and mix to effectuate the demanded quality and timeliness requirements of the community at large. Office of the County Manager .... r~'\~ -......-;- >'If:'... - ,.,,:--.... Agenda Item NO.1 OE October 11, 2005 Page 21 of 40 ECONOMIC DEVELOPMENT COUNCIL OF COWER COUNTY NAPlES, FlORIDA EVEtGI.ADfS OTY . GOLMN GAT! lMMOKALEE . MARCO ISlAND Key Findings from the Final Report Review of Development Permitting & Regulatory Process June 6, 2005 The Review of Development Permitting & Regulatory Process report represents an initial study of the permitting and regulatory process in Collier County, Florida and accomplished the following: · Reviews and analyzes the time to complete commerciallindustrial permits in Collier County; . Identifies and documents real and perceived barriers and issues with the permitting and regulatory development process in Collier County. . Benchmarks performance standards at other counties and municipalities; and . Develops a set of recommendations for Collier County's Community Development and Environmental Services (CDES) Division, University Research Consultants conducted the study at the request of the Economic Development Council of Collier County (EDC) from December 16, 2004 to May 16, 2005. The analysis was prompted by recurring permitting delays with the EDC Fast Track Program, a program created in October 1997 through the Public/Private Partnership between the EDC and the Collier County Board of Commissioners, to expedite the regulatory process for businesses expanding or relocating to Collier County and creating new, high wage jobs in targeted industries. In addition to this analysis, a Regulatory Process Task Force formed in 2003, and co-chaired by EDC and CDES, also worked on ways to improve the regulatory process. The creation of this task force was also prompted by customer concerns related to the Fast Track program. Several recommendations came out of this task force, some of which were implemented. Those that were implemented, however, did not allay the concerns over the Fast Track program, and therefore prompted the EDC to move forward with this analysis as a comprehensive way to determine how the overall process can be improved. . In an e-mail correspondence from Joe Schmitt, CDES Administrator, regarding this analysis, he states, "I welcome the opportunity for the industry to evaluate the workload and to take the opportunity to grow an understanding of the demands place upon staff by the industry, the residents of the county whom we serve and the board of county commissioners whom we support. I also welcome the opportunity for the industry to evaluate the quality of the products we receive for review and impact that the often 2 and 3 rejections place on the workload, In addition, I also welcome the opportunity to have an outside observer evaluate the impacts of the demands of the LDC on the review process..." The assessment employed both qualitative and quantitative methods and was conducted in three distinct, but interrelated phases or tasks: 1. Customer Perception; 2. Case Review; and 3, Benchmark Review. Community Development and Environmental Services staff assisted with this study in a variety of ways, including one-on-one meetings, data collection, creation of an on-line Customer Satisfaction Survey. The Collier Building Industry Association was requested to participate in the study to access their client base, which are the direct customer of CDES. Methodologies used in this study include, database analysis, case studies, and one-on-one interviews. ,;;. \,<. -<""'~ - " _'/.,' Agenda Item NO.1 OE October 11 , 2005 Page 22 of 40 ~ ECONOMIC DEVELOPMENT COONeR. OF COWER COUNTY NAPLES, FlORIDA MRGlADE5 CITY . GOlDfN GA'l! IMMOICALEf . MARCO ISlAND Key Results from the Analysis . EOC Fast Track Customers expressed a great deal of frustration regarding the building process in Collier County. .When interviewed, each one of the Fast Track Customers stated they would not build another business in Collier County. Furthermore, they stated they would not recommend Collier County as a place to build a business to their business associates. . COES department heads in individual and focused interview sessions reported that reduced staffing levels; general increase in workload; antiquated IT system; increase number of rule and code changes; and work associated with these changes, has allied to perceived delays in expediting permits and increased hostility towards permitting in the builders' community. . Customers of COES participated in an on-line Customer Service Survey, which rated CDES departments on 13 statements related to permitting services, ranging from making and proceeding through an application; staff attitude; professionalism; knowledge; accessibility; plan checking; turnaround and review times; codes and policies; uncovering errors; and the approval process, Overall, each of the departments were rated at average or below average for the service provided to the customer, . Data analysis proved to be challenging for this study due to the inherent limitations of CD Plus. The initial analysis using these data reports were deemed to be useless due to lack of specific information and how the program was ''writing over of dates" in the system. As a result, the study team worked with COES staff to provide specific case studies, as well as utilizing the CDES Microsoft Excel spreadsheet, which staff has been using since January 2004 to manually track all SDPs. . The number of completedpommercial~ndindustri~1 project applications between 2001 and 2bb4were';~d1:.373(32dand231';' respeCti\iel~,; ,.' ',' '. ' . Application' review time goals for the County were set at 10 working days up until October 2003, when it was increased to 20wOrki~g days.The.a.verage,review times between 2001 and 2004 were, .31,3t; 27 and 33;\Norkih'g;'>Oays; respeciiVelY> Many more of the applications were going through 4. fevie.wsiri~094;comp~redto the previous years. 3 of. the ,16 Fast Track case studies had ~eViews c6mplet~d .withinthereview.time'goals for the department. ' . An analysis of the building permit process shows the average for each review in all years was 31 days or less, with a total review time by the County of 50-60 days. Most of the building permits went through 2 reviews, with a much smaller number going through 3 reviews. . Benchmarking data analysis shows that Sunnyvale, California is regarded as having a model process for permitting. The performance outcomes for Sunnyvale in 2004 showed measurement for all levels of service delivery, with a high emphasis on customer service and providing convenience in permitting through its one-stop shop, The one stop shop has been referred to as a model for many other municipalities throughout the country. Select Recommendations (see final report for a full list of recommendations) o The County develops a new, or reformulated, Permitting and Land Use Advisory Committee for the purpose of improving the process. o The County Manager and relevant department heads, with input from the Advisory Committee and an outside resource with expertise in quality improvement/process improvement, can work on an overall process improvement plan to address the issues raised below. o A plan can be developed to address the issues, and will include an agreed-upon timetable, work plan, cost estimates, along with confirmation by the County Commissioners, ,> . ;\~ ~/ ~. . '" _1/, Agenda Item NO.1 OE October 11 , 2005 Page 23 of 40 ECONOMIC DEVELOPMENT COUNCIL Of COWER COUNTY NAPLES, FLORIDA MllGlAIlfS CITY . GOlDEN GA'II! IMMOIWEE . MAAt:;O ISlAND o Review current staff and work processes for permitting functions to support an approach to permit administration that includes: · SingleF'oint'of'Contact · Dedicated projectrn~ngers · Peiforrniincegoals'for reviewS . o Review budgets and resources to ensure that processes are supported and sufficient to develop model standards for COES, and meet the current and future goals of the County. o Employ an external auditor skilled in operation and project management to periodically audit the process and recommend changes that would improve the overall process. o Consider a faster application process for standardized applications. This could include same or next day approval, or even an over-the-counter approval. o Set goals for the EDC Fast Track applications, in addition to the goals for the standard applications, An example might be to review a given number of Fast Track applications in half the time of a standard application, o Conduct a comprehensive process improvement review that includes mapping of current processes, and development of matrices for improvement, that can be used for performance outcome goals for staff and the organization. o Conduct annual workshops for customers to educate them on the process and to alert them to changes in the process. The workshop can also allow for customer feedback on the process including recommendations. o Consider conducting periodic focus group sessions, with a random selection of customers, to focus on particular issues or changes to the system. o Make sure that the new Hanson IT System fits in with the redesigned application process and ensure that the processes currently input will provide a secure, integrated, inspection and permit application system, which meets the CDES functional requirements (processes will need to conform to optimum methods used by model communities). o Develop methods to regularly update, inform, and train the staff and public on policy and code changes. Central to the development climate, are the administrative and operational functions of the government's community development department and how they can shape the climate for local development. Simply put, the responsiveness of departmental employees to the needs of developers and builders for prompt action on plans, inspections, and a host of other regulated activities have a direct influence on development costs and profitability. It needs to be said that even in a community with restrictive development policies, a highly responsive bureaucracy can mitigate many developer complaints. Economic trends show that the county will continue to rapidly grow over the next decade. The preliminary findings of a recent report (Residential Build-out Study for Rural Growth in Collier County) projects that the County will continue to grow with an eventual permanent population of 1.1 million people (NDN, 2005). Critical to this growth is for both the public and private communities to work together, 'I' Agenda Item NO.1 OE October 11 , 2005 Page 24 of 40 ". Eight-Step Action Plan to Improve Customer Service within the Community Development and Environmental Services Division 1. Zoning and Land Development Review and Building Review and Permitting "101" a. In a continuation of its process improvement initiatives and in cooperation with the Urban Land Institute (ULI) of Southwest Florida, the Community Development and Environmental Services Division CCDES) will conduct a . "Permitting 101" seminar on October 4, 2005 for the purpose of coaching and assisting applicants on how to apply for and successfully obtain an approved site development plan or plat and building permit. The session will be designed to review many of the problems and pitfalls we encounter during the review process, problems that all too often result in a rejection, with the intent to review, in detail, tricks of the trade to meet sufficiency review and to provide submittal checklists that will identify all the review components of plan submittals. The four principle departments involved in the permitting and review process, Building Review and Permitting, Zoning and Land Development Review, Environmental Services and Engineering Services will be conducting a half-day seminar on the review and permitting process. b, In 2003, CDES, in conjunction with the EDC and CBIA, set out to identify specific areas for improving the Division's responsiveness to the land development petition and site development plan review and approval processes, The specific areas identified last year are as follows: 1. Create an enhanced sufficiency review for Site Development Plans 2. Amend checklists to cite each applicable code section 3. Model PUD document to minimize contents 4. Agree to standard review times 5. Revise PSP process - required PSP becomes optional PSP 6. Establish review timeframes for processing land use petitions 7. Create a 2-step process in the SDP review process to allow horizontal work to begin 8. Simultaneous review process c. We have made significant progress in all 8 areas, most notably in establishing firm review times and re-instituting the simultaneous review process. Last summer, the CDES staff and senior leadership team met with representatives of the industry to report our progress to-date and to identify continued areas for improvement. We reviewed with the industry and development community some of the continuing problems with the quality of applications and submittals that the staff encounters during the review process and developed a list of new initiatives for the past fiscal year. We recognized that Agenda Item NO.1 OE October 11, 2005 Page 25 of 40 there is room for improvement from the applicant as well as the staff and by working together, we would continue to implement improvements. d. We heard you and have made significant progress in completing the following initiatives: 1. Established a formal conflict resolution process to resolve issues where the staff and the applicant reach a point of agreeing to disagree regarding the application of the code. 2. Made checklists andforms more definitive to help with complete submittals and placed on the Web 3. Made a concerted effort to assign similar projects to same planner 4. Finalized Master checklist used by staff and clients for pre-app, sufficiency review 5. Track "New" comments after first submittal and require reviews to identify new comments on second and subsequent submittals 6. Reasonable review times - pt round - 30 days, 2nd round - 30 days, subsequent - 15 days 7. Post review conference - pt and r round- are now part of application fee - purpose to discuss/clarify pt round comments for Zoning and Building department reviews 8. Finalized the Early Work Authorization process 9. Defined accountability of review entities outside CDES - all rejections must now be based on deficiency of code requirement - rt review should be comprehensive with subsequent reviews containing no new rejection comments 2. Develop a "Customer-Friendly" Lobby a. The Building Director, along with the CDES Public Information Coordinator, is evaluating various plans to modernize the customer service and lobby area of the CDES building in an effort to create a "user-friendly" atmosphere to promote a cooperative and user-friendly permit application process. b. Develop a uniform CDES schedule for accommodating walk-ins desiring to meet with staff other than lobby personnel. The schedule will allow reasonable access to staff while preserving the time needed to accomplish reviews and process routine workload. c. In addition to upgrading the pennit application and reception area, the Building Director is planning on creating a special pennit kiosk area for the "owner-builder" applicant in an effort to provide a ''user-friendly'' application processing area for the owner-builder applicant to more easily navigate through the building review and permitting process. Agenda Item NO.1 OE October 11 , 2005 Page 26 of 40 3. Redeime the EDe "Fast Track" Program 8. As a follow-up to the recent survey of the EDC "Fast Track" pennitting and review program within the Community Development and Environmental Services Division of Collier County, conducted by University Research Consultants, Inc., CDES has asked Kim Grant, System Analyst from the Office of Management and Budget, to review and evaluate the EDC Fast Track program to determine what improvements and changes need to be made in the process. Kim's plan is to conduct a comprehensive analysis of the Site Development Plan (SDP), Site Improvement Plan (SIP), and Final Plat review and approval process within the Zoning and Land Development Review, Engineering Services and Environmental Services Departments to assess every aspect of the process. 1. Her initial efforts are focusing on the initial application process and the overall review process with emphasis on review comments for second and subsequent submittals. Over two-thirds of the applications received in the Zoning and Land Development Review Department are deemed insufficient to initiate the review process. Even with the extensive checklists that are available to our customers, the applications are lacking one or more essential elements. I've asked Kim to assess if there is anything that the Division can do to assist applicants in improving their submissions. 2. A second area of interest is to conduct a thorough analysis of rejection comments. One of the more vocal complaints of the industry is that there are many new comments on second and subsequent submittals, comments that are unrelated to previously noted rejections. I've asked Kim to select, at random, several projects to evaluate whether there is a systemic problem ~th reviewers adding additional comments, that is, comments not associated with the changes made or the additions to plans and plats made by the applicant in response to previous rejection comments, b. In addition, CDES, in conjunction with the EDC, will develop an ordinance for the Board of County Commissioners (BCC) approval to codify procedures for expedited reviews of all development orders and pennits qualifying as EDC-sponsored "Fast Track" projects. c. Expedited review times for staff EDC Fast Track expedited review projects. Review of any development order or permit with EDC expedited review status will be completed and the appropriate staff reports and approvals completed within 120 working days for rezoning requests or 60 working days for platting or Site Development Plan requests from date of distribution for staff review. As may be appropriate, subsequent public hearings before the Environmental Advisory Counsel (EAC), Collier County Planning Commission (CCPC), and the BCC will then be scheduled consistent with the timeftames described Agenda Item NO.1 DE October 11 , 2005 Page 27 of 40 below. To insure that expedited review applications move through the review process in a timely manner, all re-submittals should be provided to the County within 20 working days from posting of final staff review comments on the computer tracking system. Regardless, the County's review timeframes will not include any time when the application has been returned to the applicant for corrections based on staff's review comments. 1. In order to meet the expedited review period, staff reviewers must complete their initial review ofEDC Fast Track expedited review applications within twenty (20) working days from receipt of rezone petitions and ten (10) working days from receipt of platting and Site Development Plans. Review comments will be forwarded via fax or email to the applicant within two (2) working days of their posting on the computer tracking system. 2. Within three (3) working days from receipt by CDES, any additional information, including any corrected plans submitted in response to the reviewer's comments, will be distributed to the appropriate reVIewers. 3. Resubmitted information and/or corrected plans will be reviewed under the same procedures until all of the assigned reviewers have approved the development order or permit, and final approval is granted by the County Manager or his designee. 4. Once an application for a development order or permit has been rejected three (3) times by County staff, the applicants or agents must attend a mandatory project review meeting to be held with all County reviewers yet to approve the application. 5. Public Meeting and Hearings. Qualified EDC Fast Track expedited review projects will be given first priority for scheduling of all neighborhood informational (NIM) meetings, development review/ pre-application meetings, and public hearings. 4. Focused approach to foster a Customer-Friendly oriented organization - In our effort to respond to the recent survey conducted for the Community Development and Environmental Services Division of Collier County by University Research Consultants, Inc., which assessed customer perceptions of CDES services, the Division will undergo a five-phase program to promote a customer-friendly atmosphere and to open the lines of communication between the industry and the review departments. All services will be provided by Libby Anderson, SPHR, contracted through the Florida Institute ofOovernment, located at FOCU. Training will include: Facilitated Group MeeOOl! with Directors - Meet with the 8 directors of the CDES to discuss: . Specific issues/needs that relate to employees and service . Service "hot buttons" . Philosophical opinions on desired service outcomes Agenda Item NO.1 OE October 11 , 2005 Page 28 of 40 . What employees should learn during the staff service training Leadership Training Workshop for Supervisory Staff - In order to support the service priorities, the managers of the CDES employees who deal most directly with customers should be trained on skills that will enhance their ability to lead these employees. Items to be covered are: . A refresher on customer service . How to hire a customer-oriented employee . Supervisory skills that motivate employees to provide improved customer service Facilitated Group Discussion with DSAC - Meet with the Development Services Advisory Committee and lead a group discussion regarding their impression of CDES services. Points to be covered will be: . Strengths/weaknesses of the current service at CDES . Specific examples of such . Desired outcomes of the service provided by CDES Staff Training - While most employees have attended the general "Customer Service Excellence" class provided by Collier County, it will be most effective to require each CDES employee to attend a specialized 4-hour training session based on the survey and focus group feedback. Highlights of topics to be presented are: . Managing customer perceptions . Communicating positively with the customer . Internal service/teamwork . Feedback from public ( DSAC meeting) Soliciting Ongoing Customer Feedback - In order to communicate with the community that service is a priority of CDES, it is further recommended that an assessment tool be developed and utilized to solicit ongoing customer service to insure that service goals are being met. 5. Revise environmental development standards in the LDC - The Environmental Staff, assisted by the Assistant County Attorney, are developing GMP and LDC amendments to provide more options and alternatives to include off-site mitigation regarding native preservation requirements for developments in the urban area. There are a number of areas where improvements can be made to the existing GMP and LDC, either to provide for a better outcome or to improve our efficiencies in the review process, These improvements are categorized as follows: a. Allowing stormwater in preserves b. Providing for off-site preservation to meet vegetation retention requirements c. Establish more workable criteria to determine when creating preserves on site will be allowed in lieu of preserving existing vegetation Agenda Item NO.1 OE October 11, 2005 Page 29 of 40 d. Evaluating the need for conservation easements in all situations where preserves are to be established e. Reducing the scope of Environmental Impact Statements (EIS) or the types of projects requiring an EIS. 6. Integrate newly approved team members and evaluate improvements associated with the 23 FfE plus-up - Staff will aggressively integrate newly approved Full Time Equivalent (FTE) employees and continue to monitor permitting and review processing times and turn-around times associated with plan and plat reviews and with building permit reviews. In doing so, staff will monitor and evaluate review times versus associated applications and evaluate if the increases in FTE employees provide the needed resources to improve review times. 7. Establish an LDC Stakeholders group to thoroughly review the impacts of any and all LDC amendments and to make recommendations to change those portions of the code that appear to be restrictive, excessive and redundant - One of the most pressing issues of the development industry is the ever evolving and changing Land Development Code (LDC). What we are proposing is a new Permitting and Land Use Advisory Committee or a Business Roundtable to identify areas in the code that are deemed to be unduly prohibitive and restrictive and create duplications in the review process, and further propose recommendations to improve efficiencies in the permit application and review processes. The Committee should be comprised of representatives of the various customer segments regulated by the building, zoning, environmental and land use requirements of the LDC. 8. CDES will continue to actively monitor all rejection comments to determine if there is a systemic problem with the entering of new comments that are deemed to be unrelated to previously noted rejections during the plan and plat reviews. One of the more vocal complaints of the industry is that there are many new comments on second and subsequent submittals, comments that are unrelated to previously noted rejections. In addition to Ms. Grant's analysis, each department involved in the review process will monitor all rejection comments to evaluate whether there is a systemic problem with reviewers adding additional comments that are not associated with the changes made or the additions to plans and plats made by the applicant in response to previous rejection comments. Agenda Item No. 10E October 11, 2005 Pngp dQ}lf4Q . I /;II:";ur.'t~~i, ',',.,,'. ".',~:"" .... + .... ...,!t~..,,:,:::;, ,~,':,,:~~:'::'i'~. ... . ULI SOulhwest Florida Co..,. County - ~- Community Development and Environmental Services Division Invites you to attend "Permitting 101 -- Site Plan Application Process and First Review" In our continuing efforts to improve our customer service, specifically focusing on improving our land development review processes, we are hosting a Site Development Plan and Final Plat Submittal Workshop on October 4. 2005. The primary emphasis of the seminar is to coach and assist applicants on how to apply for and successfully obtain an approved site development plan or plat and building permit. The four principle departments involved in the permitting and review process, the Building Review and Permitting Department, The Zoning and Land Development Review Department, the Environmental Services Department and the Engineering Services Department will be conducting the half day session. 8:15 - 8:30 8:30 - 8:45 8:45 - 8:55 8:55 - 9: 10 9:10 -10:30 10:30 - 11:30 11 :30 - 12:30 Sign in and Refreshments Welcome and feedback from the "Review of Development Permitting and Regulatory Process" study conducted by the University Research Consultants, Inc" and report on last year's Improvement Initiatives, - Joe Schmitt Initial report on follow-up work flow studies (sufficiency reviews and analysis of review comments) - Kim Grant WC?rkload & Review of Review Times - Susan Murray and Glenda Smith Site Plan Application Process and First Review -Staff a) Pre-application meeting b) Application Submittal c) Reviews - Zoning, Landscape, Architectural, Environmental, Engineering, Transportation and Fast Track Questions & Answers Round Robin with review staff. Opportunity to break into small groups with representatives of each staff Location: Gulfview Middle School Professional Development Center Room 108 clo 3rd Ave S & 6th St S Naples. FL 8:30 AM to 12:30 PM Time: REGISTRATION Please let us know if you or a representative of your FInn plan to attend. Register before September 23m, 2005 Call, Fax or email your registration to LISA KOEHLER at LiasKoehle~collieraov.net Office - 403-2327 .' Fax - 403-2395 ,.-..... 7~~ (!f)-S/JMM4: ULI Southwest Florida ... ., Agenda Item No. 10E October 11, 2005 Page 31 of 40 Memorandum From: Jim Mudd, County Manager .L\ d uO-- Kim Grant, Senior Management and Operations Consultan~ . To: Date: September 9, 2005 Re: CDES Permitting Analysis Progress Report Attached, for your review, is the CDES Permitting Analysis Executive Summary with recommendations to date. The scope of the analysis is Site Development Plans/Amendments. Key findings to date: · 62% of the applications are not complete when submitted, resulting in delay in starting the process · 76% of the cases took 3 or more reviews · The average SDP takes 7 - 8 months; 46% of that time in house and 54% with the applicant · The 30 day target for reviews is not consistently achieved primarily due to the environmental review process and due to repetitive reviews · Only 40% of all review comments are identified at the first review due to incomplete or non- compliant information · Key departments are individually, but not collectively, focused on the customer Summarized recommendations to date: · Improve initial completion rate to 90% by creating an intake team, providing education and improved consistent communication with applicants (over the counter acceptance or rejection) · The key to improved productivity and decreased turnaround times is a partnership between the development community and the County to reduce the number of reviews per case from 3+ to 2 (benefit is almost 5,000 staff hours annually) as follows o hnprove quality of submissions so first review can identify 80% of comments o hnprove communication, cooperation and efficiency amongst all internal departments to assure consistency, including possible organizational changes o Further study the processes and activities of the Environmental Department to improve turnaround times · Formalize the Fast Track program with written guidelines and project plans, and provide additional considerations such as earlier pre-application meetings and initial site review Collier County Office of Management and Budget 3301 Tamiami Trail, East Naples, FL 34112 Voice: (941) 774-8935 Fax: (941) 774-8828 ~1Il~" Agenda Item No. 1 DE October 11 , 2005 Page 32 of 40 CDES Permitting Analysis Executive Summary 9/9/05 Interim Report on Progress Kim Grant, Senior Management and Operations Consultant, Collier County OMB Background The County Manager took immediate action upon receipt of the final report of the Economic Development Council commissioned study, "Review of Development Permitting and Regulatory Process" (study). Kim Grant was assigned to work with Joseph Schmitt, Community Development and Environmental Services Administrator, to perform further analysis to identify the underlying and solvable issues keeping us from an appropriate level of customer satisfaction. The initial focus was on the Fast Track review process and quickly was enlarged to a process analysis of the key area of complaint: site development plan review and approval. The findings, conclusions and recommendations in this summary are exclusively related to Site Development Plan Review and Approval processes (not the building permitting procedures). The methodology employed included data analysis (most manually collected due to the reporting limitations of the permitting system), process review and analysis, and staff interviews at all relevant levels of authority as well as input from the Economic Development Council Executive Director. Future analysis activities will include best practices research and industry client interviews. From the study and the other analysis activities to date, the main process concerns raised by the industry include excessive approval durations, key problem identification occurring late in the process, observed lack of effective internal department coordination and general difficulties with regulatory restrictions. The analysis to date has not addressed the regulatory difficulties. Data gathering and analysis 281 Site Development Plan and Site Development Plan Amendments submitted between 1/1/04 and 7/22/05 were studied. The goal was to identify underlying causes contributing to the observations and concerns of the industry and the customers. Validation was performed on average review durations. Consistent with the study findings, the review durations are exceeding target in many cases. 50.0 45.0 40.0 35.0 ~ 30.0 c 25.0 '0 20 0 ... . 15.0 10.0 5.0 0.0 Average SDP/A Review Times (Days) Rev 1 Rev 2 Rev 3 Rev 4 . Fast Track SOP . All SDPJA I I Agenda Item No.1 OE October 11 , 2005 Page 33 of 40 Further review revealed that the leading cause for missed target dates is the Environmental Review (63% of cases). It was also noted that the 30 day target was missed in 86% of first and 70% of second reviews. It was also crucial to understand the overall duration of the Site Development Process. The below chart shows the average total duration from initial submittal to approval date is 220 calendar days or 7 - 8 months (for those cases started and completed during the review period). It is significant to note about half of the 220 days the case is with CDES for review and about half the time it is pending re-submittal or other requirements from the applicant. Average # of Calendar Days In and Out of CDES During SDP Process (for 116 cases between 1/1/04 and 7/22/05) 102 days or 46% of period 118 days or 54% of period I_ Days out of CDES _ Days in CDES I A major contributing factor. to this overall duration is the number of reviews, on average, each case undergoes. The below. chart shows that 76% of cases studied had 3 or more reviews prior to approval. Percentage of Cases Released after X Reviews 60% 50% 40% 30% 20% 10% 0% 1 2 3 4 5 Review Number 2 Agenda Item NO.1 OE October 11, 2005 Page 34 of 40 This is the key finding so far. Each review takes approximately 2 hours on average. Each review step requires 12 reviewers, on average. There are about 200 such applications each year. Therefore, approximately 4,800 staffhours every year, or about 2.5 professional staff members, are involved in any ONE review step. Presumably, a similar dynamic exists on the part of the industry. Our desired state looks something like this: Oesired % of Cases Released after X Reviews 50% Current Desired 60% 40% % Released at this 30% Review 20% 5 Review Number Ifwe eliminate an average of one review for every case, we free professional staff time to improve turnaround times and also provide staff time to deal with more difficult issues. This will obviously shorten the overall project duration, as well. In order to identify alternatives for eliminating one review/case, we were led to an analysis of the reasons for multiple reviews. Bill Lorenz, Director Environmental Services, Community Development led a process to record and analyze review comments (i.e. reasons for review rejections) and summarized his findings below. Please note this sample is a subset of the study sample, comprising approximately 85 cases submitted after 1/1/04, many of which are still open. There were two primary findings. First, only 40% of all comments on a case are identified at the first review. This means the average case is in process for as many as 120 days before the majority (60%) of the relevant comments are even identified. Second, 38% of comments are repeated at subsequent reviews, meaning the applicant either did not meet or understand the requirement or did not address the requirement in their re-submittal. 3 Agenda Item No. 10E October 11, 2005 Page 35 of 40 o Repeated Comments .New Comments related to New Data or Change In Plans .Missed Comments Analysis is currently underway to further understand why the majority of comments are not identified in the first review. The hypothesis is that even after initial sufficiency requirements are met, the applications are not complete and detailep enough to allow for a thorough review at the first review. The desired state in this regard would be something along the lines of80% of the comments being identified at the first review, and 20% thereafter. Once the analysis is complete recommendations will be provided. Lastly, a study of the initial case submissions was undertaken. Each applicant is provided a checklist for the submission requirements, and staff reviews applications for compliance within 3 days ofreceipt. A letter is generated for any missing items. Until all requirements are submitted, the plan is not even scheduled for review. Only 38% of submissions were initially acceptable, and some took as many as 100 days to become complete. 4 Agenda Item No.1 OE October 11 , 2005 Page 36 of 40 Overall Completeness (SOP) 1/104 -7/22/05 (281 Apps) Never SOP and SOPA A detailed review revealed the following items were most commonly missed, did not meet requirements, or were not accurate (as in the case offees). 90 80 en 70 :: 60 ca 50 040 '030 'It: 20 10 o Significant Cause of Incompleteness in SDP(A) Applications # Missing from total of 165 Cases Note: other causes with less si nificance not shown c:: .2 - fD~~ >-..... ...-~ =i. U).c - ::s <C ~ .. N ~ "'CI . cu ",.- .c ~a.~ '" ",.. ... co "'ClaN Co ::Sa. 00 co I- Q) ::: en CIl Ec 0'" a:: a.. c (.) a. 0. <C <C o (.) - u Q) :!:: Ccll 0'" :;::... "'c_ NeaC .- U Q) ;;= a .c a. ea _a. ::II" <cO - "CI cIl C c ea..!! Q)o. o.c ::0 lD:Z "CIea ca ea-': ~.= - u ea o..!!! E(D -.::- uea ;;:::c iiiea ... I- "'CI Q) Q) o - CIl Q) I- :t ..S? L&. Q) ... cIl c ..!! a.. (D Q) Q) u. .c Co) ... <C L&. 5 Agenda Item No.1 OE October 11, 2005 Page 37 of 40 The significance is that many cases have as much as a 30 day delay before they are even assigned to a planner, who may take 15 - 20 days to get to their case. So, in many instances, the first real review does not occur for 40 - 60 days from initial submission. Couple that with the above findings on review comments, and we can conclude that in many cases the meat of the review may not happen for as many as 120 days from the date of submission. It has also been observed that in some cases the key departments involved in the SDP process operate as individual entities and do not focus on providing one consistent face to the customer. The implications of this finding range from occasional confusion on the part of the customer on various details or procedures to lack of effective internal communication and coordination on specific cases and overall procedures. The customer has a horizontal view of the CDES operations, and the vertical organizational structure could be reviewed for opportunities to improve effectiveness, communication and overall goal accomplishment. Conclusions and Recommendations While the study is still in progress, it is clear that improving the timeliness and quality of the initial submissions will lead to the majority of review comments being identified at the first review, which will lead to fewer reviews and shorter project durations. In turn, this will lead to less staff time for each case, allowing staff to reduce the overall review turnaround time. Presumably, industry staffwill also spend less time on the overall process, creating cost and time efficiencies for them, as well. Recommendations to date: 1. Improve rate of acceptable submissions from 38% to 90% (save 30 days) a. Create an intake team to immediately review all submissions and provide face to face customer service for first and subsequent submittals b. Provide educational material to industry through workshops and other means to clarify requirements that are most often missed; identify difficulties customers are having and develop mitigation approaches c. Require sign-off from application authority that all items are present d. Review process for assessing fees to make it simpler for applicants e. Send copies of incomplete letters to owners/developers f. Review effectiveness of the pre-application meetings 2. Identify 80% of review comments on the first review a. Analysis is not complete on this item so detailed recommendations cannot be provided 3. Review operating structure and consider a Deputy Administrator with these primary responsibilities a. Facilitate effective cooperation amongst the key areas b. Create consistency in operations c. Improve effectiveness ofproject scheduling and reporting d. Lead a transformation to a more efficient, collective organization including potential technology applications e. Focus on customer service and creating and maintaining one consistent focus on the customer while maintaining the integrity of the regulatory role 4. Review processes and constraints within the Environmental Services Department to further identify and resolve bottlenecks 6 Agenda Item No. 10E October 11, 2005 Page 38 of 40 5. Fast Track a. Formalize the program i. Develop clear goals and possibly formal documentation/contract ii. Develop a project plan for each FT case/monitor every 3 months with core staff and consultant or developer, and EDC staff 111. At point of site location consideration, bring in staff to do preliminary identification of issues (before a pre-app meeting) IV. Develop communication material v. Copy developer/owner on all correspondence b. Offer preferred dates for pre-app meetings 7 ~"O CO);~'o"!!r't:<'c:-a>='~ ltI~..o E 'tlD f:~ ~ :g'." ~iY~~]~"2.'dj ~~ .g * :s ,Uj ltI c: 0 :=::.,'0) -:- .Q. Ul c ~ > EO).... :J 'c. . ~. ~O)'J:: <( <( .....w Ul..UJ 0::. Cf) r::r .C1l 00) 0...0 '...... .c: 0 ~ E '. .. .c b ~ro ._ro._ .. . . . o ; o '>"': .".".....ro. c 1IJ .>.:..... -8 .' 8 0) ltI Ul '., ~ : :c~"";;'~~i'~.!2 c: ~"O 0) [l ~ "0 ',. :.c:;.. " co._,,:J co Ul C1l .:=: c.J 0 C ',".'-." ..c'ClD .- "- .... 0..... co }:.t:: co '0)' 0) - .c co. 0 "- 0. YCc'E-:':'::- Ul ..... S I-- .... .>: 0. E 5 ..:,. "0 0) Ul c: co 1;) .- .- i3du- < 0.1:: 0) cj.c (l) 3: 0 10 ,c-p..' 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E (I) c:... 0 a~itllrl;l .~tlil.j.iJ (,)".\a>"O oS enE,.."'" 3;: Q) O. 0.,<0, (I),I-::t::: , . 3'; '..... <0 0 ..- OJ'<iJ:9U::lJil -g1t:,g t'~~j~flJtJI... ..~.~:: Agenda Item No.1 OF October 11, 2005 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Legacy Estates," AR 5969, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Item to be placed on Regular Agenda - County Manager's Report, pursuant to Public Petition 6A from Board Agenda of June 28, 2005. OBJECTIVE: To approve for recording the final plat of "Legacy Estates," AR 5969, a subdivision of lands located in Section 24, Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. In accordance with Resolution 99-199, the Board of County Commissioners considers the final plat, the amount of the performance security, and the unexecuted form construction agreement. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Legacy Estates". These documents are in compliance with the County Land Development Code and Chapter 177, Florida Statutes. 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 Collier County Land Development Code Section 10.02.04. Because of the number of pages and dimensions of each sheet of the final subdivision plat, these documents were not made part of this item's agenda backup. They are available for inspection by members of the public during regular business hours at the following locations. Engineering Review and Permitting Department Community Development and Environmental Services Division 2800 Horseshoe Drive Naples, Florida 34104 (239) 659-5757 County Attorney Office Community Development and Environmental Services Division 2800 Horseshoe Drive, Suite 300 Naples, Florida 34104 -- (239)213-2939 Clerk's Office Minutes and Records Department 3301 Tamiami Trail, Building F, 4th Floor Naples, Florida 34112 (239) 774-8399 Agenda Item NO.1 OF October 11, 2005 Page 2 of 7 Board of County Commissioners Office 3301 East Tamiami Trail, Naples, Florida 34112 (239) 774-8097 County Manager's Office 3301 East Tamiami Trail, Naples, Florida 34112 (239) 774-8848 FISCAL IMPACT:The project cost is $116,986.22 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $31,600.00 b) Drainage, Paving, Grading - $85,386.22 The Security amount, equal to 110% of the project cost, is: $128,684.84 The County will realize revenues as follows: Fund: Agency: Cost Center: Community Development Fund 131 County Manager 138327 -- Engineering Project Review Total revenue generated by this project: $4,534.59 Fees are based on a construction estimate of $116,986.22 and were paid in October, 2004. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac) -$1,025.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ 237.00 c) Drainage, Paving, Grading (.75% const. est.) - $ 640.40 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $ 711.00 e) Drainage, Paving, Grading(2.25%const.est.) - $1,921.19 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: Agenda Item No.1 OF October 11, 2005 Page 3 of 7 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 Board of County Commissioner's consideration of the final subdivision plat is quasi-judicial. Consequently, all participants are required to be sworn in and ex parte disclosure be provided by individual Commissioners. The Applicant has the initial burden of showing that the application for final subdivision plat meets the requirements of Chapter 177, Florida Statutes and Collier County Land Development Code Section 10.02.04 B. In order to deny the application, the Board of County Commissioners must demonstrate by competent substantial evidence presented at the hearing and made part of the record, that the application does not meet the standards set forth in either Chapter 177, Florida Statutes or Collier County Land Development Code Section 10.02.04 B, and is in fact would be, adverse to the public interest. The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Legacy Estates," AR 5969 for recording, finding that competent substantial evidences exists that the application met the standards set forth in the Collier County Land Development Code and Chapter 177, with the following stipulations: 1. Approval of $128,684.84 performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approval of the standard form Construction and Maintenance Agreement. 3. No Certificates of Occupancy will be granted until the required improvements have received preliminary acceptance. 4. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is executed, approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Item Number: Item Summary: Meeting Date: A(lenda Hem No_ 10F OctOber 11, 2005 Page 4 of 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10F The Board of County Comrrll"'Sloners COIl'ilderatlofl of lhe llnai SliPUlviSlon plat is quaf,l- lucidal COr11>equenlly, c;ii partl~want5 are required to be sworn in and ex parte dIsclosure be prov!dfld l)y indlVldual Cnmmlss.ion<'!r~ R!.'cornmendallon to approv!:" lor recording the linal pial of Lega=y Eslale~. aplJrcH"al of Ihe sianoard form C:onst,-uct10n and Maintenance A;neement and aoprD..-aJ 01 tile am(lUl1t 01 the pet'forma'lce security. Item to be placed on Regular Ar.;enda COUnty Managers Report rur~uant in ~'\lblic Petit>on GA Irom Board Agenda 01 June ~6, 2005 {Jo~eph~, Schmitt, t~dmir1Is1IatOl, Community Devl'lopmenl 6. Environfll~ntal 5ervlces G...lsir."'i) 10f11/20m; (.j:.)O.Il':.1 AM D3tll Prepared By John Houldsworth Community De\l'clopme,nt 8. Environmental Services Senior Enginl!'cr En9meermg Services 9/28/200511:16:02 AM DMe Appn)\'ed By SlIndra Lea Elecutlve Seere.tary 9/2A/Z00511:~8 AM Appro\-'cd B}' Commtmlly De\l'elopment & Community Developnmnt & En\l'ironm(mtal Se.rViClllS Environmental Services Admm Thomas E, Kuck, P,E. "".. Community Development & Em/ironment'll Services COES Engineering ServIces Director CDES Engin1l'Ning SCH\l'ielllS 9{2812005 2;57 PM ApllnlVCd By .Jennifer A. Belpedio County Attorney Assistant County Attorney Oat& County Attorney (mil:e !;H29120U~ 3:29 PM Dale ApllrO\'cd 0)' Joseph K. SChmitt Community DCl,/llllopm(lllf & Environmental SNVIC~S ComnlllJlity Development 8 E:nvlronmEi'ntnl ServIce!'. Adminstrata-r- Community Dcveloprnl1nt &. Environmental Serv!cc'!'; Admin 9/29120059;51 AM Dale Approved O~ QMB CQordmator Got/nty Man..ger's Office Admini&tfatiVe Assistant Officii' of Management & Budget 91,lQ12005 8:44 AM Datt! AllProvtld By Mar"-Isaekson County Manager's Offlc(! Budtf~t An.llyst OtTiel'! of Management & Budget 91J0!2005 9:32 AM ""te Appm,,'cd BJ Mlchalo!t Srrly~owskl County Manager's Office Manag-ement & BudgtH Dlr(!ct(lf Office of Mllllllgo-mllnt & Budnl1t 9{'}O/20054:21 PM D~t(< Approved B~' James v, Mudd Board of County Commis~jl;>nN5 COllllty Managl!'r County Marhll'1p.r'~ OfficI!' 101512GO~ 4:25 PM LLL{')!'-- 00_ ..-00 .NL{') o - Z,-Q.) ..- OJ E...ro Q.)Q.)Q.. ....... .D -;;;.8 -0(.) cO Q.) OJ <( ~?f I ~ I l r~~ ....'"- ;-- ~~ I-- ~., ~ u;no~ ~N\NNVH:) ~ g! Ii ~ ~~ I-- l 10 ~., ~ "',. I-- ~i - I---- L~ - z I---- 1- I-- wQ !:~ ~ l-- wO l-- ~ 9 ~ .( - I-- - - ~ I----- f-- ~ ~ ~ a: ~ ~ 0 iX I-- - l '" '" 30N3^'I' '" 1 QN"13)Wl - I---- r-- I---- ~ I-- '" I----- f-- u ~ ~ '-- 0 w of-- - ::I z -H 0 z .. "f Q". V> n: w 5 ~Id I-- \oJ ~ - .< 0 ::i I-- '" .. l== "-J ~ ;if-- ::l; f--- 1 I 1- ~ ~ -I I----~ - - ~ f-- j.--. f-- ~ - 1 I-- I--- ~'-- f-- I I-- - eJ '" ~ I ,- I I - ...,.. ..... I ___ - ... '..I SDNV"lIlW,; L-l I ~. ai U :: ~~ I la ~. ~ 5- N~: ~~~ j !. ~- je ~ i~~ ~ E.. ~~: 6; i errc .ull.N"'lIXl . roo ECXIQlI. ~ N411.l~ Il \ ~ IE :'J~ ~ H~ "- r ~e """'- ~g ~H ~~8 :: Ii. Si,VJ.aBJJI e i~- ~;K .f- ~~- iie! (~,vn)"1'ALLIInIIl'W'.L a.. <( :E UJ I- en ~ ~ .... en .... >- u c( ~I i~~ a.. <( ~ Z o - ~ U o ...J ~ .... Request to Soeak under Public Petition Agenda Item No. 10F Agend~RIDfl~d. sl?005 June 2e'~ of 7 Page 2 of 13 -- Please print Name: :Be:+k N e;\ SOY\ Address: b (') l-et kela.'nJl ~. Phone: N a.\?\~ . , 5' '1- '(015- FL ceJl ~ 4\\ c) d~q - ,;l1O'S. Date of the Board Meeting YOU wish to soeak: J.,v..~ 2'8' ) 2005 Please exolain in detail the reason YOU are reauestina to soeak (attach additional Daoe if necessary): I:>e~~ f"',,/W"5-h ~ t} V\ e x~--hdY1 -b L bc. \..(bJ \ v"d e . W,<- W c!r\.t. \ of e.... ~ Q. -t e. ",(c ~ 1\ ~ -to be d~ V\ \ e vJ e... W IN..\ d \ ,'KE' 4D a",proa ~ ~ ~ oavcl r-eJ a.1(cl.(~~ '\ lAA.' ~ ,'sSv..t t Please explain in detailthe action YOU are askina the Commission to take (attach additional oage if necessary): W~ WOI.t\& I\~ home r)~ \ Lhc uCS. ElY' ~ -k,v ~ ~cc.. +0 \"f\~(>Je '('\ €- be h t:( \ {' 01. Y\ c1 '-t r "hp 10<- 0<.. 6l> ""* ~ '~ c.-y 1""1 v..c. v~ H:\Publc Petition Request Form.doc Agenda Item No.1 OF Agen~~d.1B.&005 June. ~~~EJa5of 7 Page 1 of 13 -:\ COILIER COUNfY MANAGER'S OfFICE 3301 East Tamiami Trail. Naples, FL 34112 . 239-774-8383 . Fax 239-774-4010 June 13. 2005 Ms. Beth Nelson 615 Lakeland Avenue Naples, FL 34110 Re: Public Petition Request to Discuss Exemption to the LDC as Requested by a Developer Dear Ms. Nelson: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of June 28, 2005, regarding the above referencecl subject. Your petition to the Board of County Commissioners will be limited to ten minutes. Please be advised that the Board will take no action on your petition at this meeting. However, your petition may be placed on a future agenda for consideration at the Board's discretion. Therefore, your petition to the Board should be to advise them of your coneem and the need for action by the Board at a future meeting. . The meeting will begin at 9:00 a.m. in the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building UP) of the government complex. Please arrange to be present at this meeting and to respond to inquiries by Board members. If you require any further information or assistance, please do not hesitate to contact this office . James V. Mudd County Manager JVMlJb cc: David Weigel, County Attorney Joseph Schmitt, Administrator, C.D.&E.S. c . {~ . .. c o ... tt t y - lOF EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Legacy Estates," AR 5969, approval of the standard form Construction and Maintenance Agreement and approval of the amount of the performance security. Item to be placed on Regular Agenda - County Manager's Report, pursuant to Public Petition 6A from Board Agenda of June 28, 2005. OBJECTIVE: To approve for recording the final plat of "Legacy Estates," AR 5969, a subdivision of lands located in Section 24, Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. In accordance with Resolution 99-199, the Board of County Commissioners considers the final plat, the amount of the performance security, and the unexecuted form construction agreement. CONSIDERATIONS: Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Legacy Estates", These documents are in compliance with the County Land Development Code and Chapter 177, Florida Statutes. 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 Collier County Land Development Code Section 10.02.04. Because of the number of pages and dimensions of each sheet of the final subdivision plat, these documents were not made part of this item's agenda backup. They are available for inspection by members of the public during regular business hours at the following locations. Engineering Review and Permitting Department Community Development and Environmental Services Division 2800 Horseshoe Drive Naples, Florida 34104 (239) 659-5757 County Attorney Office Community Development and Environmental Services Division 2800 Horseshoe Drive, Suite 300 Naples, Florida 34104 (239) 213-2939 pc.c.. \~\\\.~O)~ Clerk's Office Minutes and Records Department 3301 Tamiami Trail, Building F, 4th Floor (D - f Naples, Florida 34112 (239) 774-8399 lOF Board of County Commissioners Office 3301 East Tamiami Trail, Naples, Florida 34112 (239) 774-8097 County Manager's Office 3301 East Tamiami Trail, Naples, Florida 34112 (239) 774-8848 FISCAL IMPACT:The project cost is $116,986.22 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer - $31,600.00 b) Drainage, Paving, Grading - $85,386.22 The Security amount, equal to 110% of the project cost, is: $128,684.84 The County will realize revenues as follows: Fund: Agency: Cost Center: Community Development Fund 131 County Manager 138327 -- Engineering Project Review Total revenue generated by this project: $4,534.59 Fees are based on a construction estimate of $116,986.22 and were paid in October, 2004. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5./ac) -$1,025.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ 237.00 c) Drainage, Paving, Grading (.75% canst. est.) - $ 640.40 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $ 711.00 e) Drainage, Paving, Grading(2.25%const.est.) - $1,921.19 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. lOF LEGAL CONSIDERATIONS: The Board of County Commissioner's consideration of the final subdivision plat is quasi-judicial. Consequently, all participants are required to be sworn in and ex parte disclosure be provided by individual Commissioners. The Applicant has the initial burden of showing that the application for final subdivision plat meets the requirements of Chapter 177, Florida Statutes and Collier County Land Development Code Section 10.02.04 B. In order to deny the application, the Board of County Commissioners must demonstrate by competent substantial evidence presented at the hearing and made part of the record, that the application does not meet the standards set forth in either Chapter 177, Florida Statutes or Collier County Land Development Code Section 10.02.04 B, and is in fact would be, adverse to the public interest. The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Legacy Estates," AR 5969 for recording, finding that competent substantial evidences exists that the application met the standards set forth in the Collier County Land Development Code and Chapter 177, with the following stipulations: 1. Approval of $128,684.84 performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approval of the standard form Construction and Maintenance Agreement. 3. No Certificates of Occupancy will be granted until the required improvements have received preliminary acceptance. 4. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is executed, approved and accepted by the Engineering Services Department Director and the County Attorney's office. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Kepple Engineering 2316 Pine Ridge Rd., Box 399 Naples, FL 34104 239-403-1780 (fax 239-403-1787) 10F John Houldsworth Engineering Dept. Development Services 2800 N. Horseshoe Dr. Naples, FL 34104 August 3, 2005, Re: Legacy Estates R/W width Lakeland Ave. Dear Mr. Houldsworth, The standard road R/W width is 60', designed to accommodate pavement, drainage, potable water and sanitary sewer facilities. The developer is dedicating 30 feet ( adjacent to the centerline of existing pavement of Lakeland Ave. ) along the entire western side of this project for R/W of Lakeland Ave. This will allow for legal access across this project for properties located to the north and west. Additional access and drainage easements (80' wide) are being provided, south of our project entrance, to accommodate the required improvements serving/accessing this project. Along the south portion ofthis projects west side and adjacent to the 30' R/W, the developer is providing Tract "A" as an access and drainage easement (additional 80' in width for a total of 120'). All required subdivision improvements will be installed within the R/W or easements provided by this project. The 30' R/W along the projects west side, north of the project entrance, is provided to allow for future continuation of Lakeland Ave., if and when the street and utilities are extended to the north, by others, for properties to the north and west. Respectfully, Terrance L. Kepple Terrance L. Kepple, P.E. Kepple Engineering 2316 Pine Ridge Rd., Box 399 Naples, FL 34104 239-403-1780 (fax 239-403-1787) u 0 < > -i (]) . . .., "'>0 Q .0 R> - .... 0 )> [T1 0 0 (J) (j) (j) ::::0 ~ ~ R' fTl o (J) (J) =:3 (J) ::::J r+- o (J) Q o o r+- o ::::J lOF ITEM #10F 10/11/2005 MAP ON FILE IN THE MINUTES AND RECORDS DEP ARTMENT Agenda Item No.1 OG October 11 , 2005 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to award a construction contract for the "South County Regional Water Treatment Plant 12 Million Gallons per Day Reverse Osmosis Expansion" to The Poole and Kent Company, Bid 05-3879, Projects Numbers 700971 and 710221 for $24,373,000.00. OBJECTIVE: The public purpose is to expand the reverse osmosis water treatment capacity at the South County Regional Water Treatment Plant (SCRWTP) by 12 Million Gallons per Day (MGD) to a total of20-MGD and rehabilitate the degasification towers. CONSIDERATIONS: On May 25, 2004, as Agenda Item 10 D, The Board of Collier County Commissioners adopted the 2003 Water Master Plan which provides for increases in water production capacity necessary to meet the needs of Collier County through the Plan's 20-year cycle. The County has constructed an 8 MGD Reverse Osmosis (RO) expansion at the South County Regional Water Treatment Plant that was substantially complete and operational as of December 7, 2004. Due to the rapid population expansion experienced by the County in the last few years it is necessary to augment this capacity to meet the increase in water demand. This expansion will also require the rehabilitation of the degasification towers at this plant. The capacity expansion and the rehabilitation of the degasification towers are included in the 2003 Master Plan. Bid #05-3879 was advertised on August 5, 2005; 184 notices were mailed and 19 prospective bidders purchased plans and specifications.. On September 8, 2005, sealed bids for the construction of this addition were opened. Two bids were received and are summarized in the following table: BIDDER The Poole and Kent Company Encore Construction Company BID $24,373,000 $24,620,000 Staff has analyzed these bids, finds them to be fair and reasonable and recommends awarding the contract to the lowest responsive and qualified bidder, The Poole and Kent Company, for $24,373,000. This amount is within 3.5% of the $23,561,074 estimated cost provided by the Engineer of Record, Hazen and Sawyer, P.C. Hazen and Sawyer's recommendation is attached. .- Since this expansion will be housed next to the existing RO facility the new equipment should be compatible with equipment already in operation. If not this could cause technical problems in emergency situations since operating parameters and safety limits would be dissimilar. The purchase and installation of different equipment would also require purchasing and stocking a different set of repair parts, thus increasing the spare parts inventory. Single Sourcing will also provide for increased reliability and less expensive, more effective maintenance by allowing operators and maintenance personnel 1 of 2 Agenda Item No. 10G October 11 , 2005 Page 2 of 7 to train and gain familiarity with fewer types of equipment. This single sourcing complies with FL Statute 255.04. 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: Funds in the amount of $24,373,000 are available in County Project Number 700971 "SCRWTP 12-MGD RO Expansion" - Source of funds is Fund 411; Water Impact Fees and County Project Number 710221 "Rehabilitation of Degasification Towers" - Source of funds is Fund 412; Water User Fees. These projects are contained in the 2005 Fiscal Year Capital Improvement Budget approved by The Board of County Commissioners on September 23, 2004. GROWTH MANAGEMENT IMP ACT: These projects are consistent with and further the Goals, Objectives and Policies of the Collier County Growth Management Plan and are consistent with the 2003 Water Master Plan adopted by The Board of County Commissioners on May 25, 2003, item 10 D. RECOMMENDATIONS: Staff recommends that The Board of County Commissioners, as Ex-officio Governing Board for the Collier County Water-Sewer District, award Bid 05-3879 - "SCRWTP 12-MGD RO Expansion" to The Poole and Kent Company, authorize the Chairman to sign the standard construction contract after review by the County Attorney and authorize the Project Manager to utilize the allowance if necessary. PREPARED BY: Porfrrio E. Gramatges, P.E. Principal Project Manager Public Utilities Engineering Department "- 20f2 Item Number: Item Summary: Meeting Date: Agenda Item No 1QG October 11, 2005 Page 3 017 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10G Recommendation to award a construciion contract for the South County RegIonal Water Treatment Plant 12 Million Gallons per Day Reverse Osmosis ExpanSIon 10 Thf' Poole and ~(f)nt Company Bid 05-3879 hOJf!ct5 Numbe~s 700971 and 710221 for $24,37:1,000_00 (Jim DEllo!"')y, Administrator, Public Utilities) 1 0/1 1/2005 9,00:00 AM D<1fe Prepared By Porfirio E, Gramatgos, P.E Sr- Proi(!~t Manager 11/15/20054;32:04 PM PUblic Utilities Public Utlllties Engineering Paul Mattauseh Approved By Public Utltlli(!$ Water Direclor Dllte Water 9/16120057:01 PM AppnlVed By Jack p, Curran A.dmini!iuativp. SerVIce!; Purchasing Agent Oat'll PUrcllltsing 9/21/20059:21 AM DatI!- Appnn'ed B~' St(>'JeCarne]J Admimstrative ServiceG Purchasing/General Svcs DlrGctor Purchasing 9/21/20053:17 PM Dale Approved By Thoma!> Wides Public Utililuts OperatIons Director Publl(, IJlilitles Operafionli 9f23/2005 '0:12 AM D... Appnwed By Mike Hauer Alillllllislr;ltiveServrCfH. Actjuisition Maml4er Purchasing 9,'2.3/200511;15 AM D.alP. Approved B),' Roy B. Ander!i(lfl. P.E Public Utilities Public Utilities Engineering Director PubUc UtillllO<-s Engln(teril1g 9/l6/2005 l:53 PM Date Appron'd B)' JamesW,Of:l(lIlY Public IJtlliries Public Utilities Adminl1;trator PUblic Utilil.ll!-~ Administration 9/2712Q05 9:40 AM Da.. A PI)nn.-ed By OMS Coordinator County Mllllager's Onlce Admtnis-1rlltive Assistant Office of Mllllllgement & Budget 9f2sn005 8:03 AM Date Apl,roved By Susan Usher County Manager's OfflcCl Serdor Managemellt/Budget Analyst OffiCI)- of Man.'tgcment & Budget 10131100610:31 AM "". Apllroved By Michael Smykowskl County Manager's Office Mlln,agement & Buuget Director onice of Manllgell1l':nt & Budget 10/512005 a:2Q AM Date AI)pn,,'cd By JamllS V. Mudd BOil.rd of County Commissioners County Manager County Manl'lger's Office I Of.!i12005 9:05 AM 05-3879 "SCRWTP 12-MGD Reverse Osmosis Expansion" Bid Opening: Sept 13, 2005 Project Manager: Agenda Item No. 10G October 11, 2005 Page 4 of 7 Number of Notices Sent: 184 Number of Bids Received: 2 Phil Gramatges Item # Description Total Total Encore Construction Poole & Kent Construction of the South County Regional Water Treatment Plant 12-MGD Reverse Osmosis Expansion in accordance with the Contract 1 Documents for a lump sum price of: $ 22,745,000.00 $ 22,498,000.00 Allowance for the Furnishing and Installation of Membrane elements, in accordance with 2 Contract Specification section 13705: $ 1,500,000.00 $ 1,500,000.00 Contingency Allowance for additional materials, labor and equipment required for the construction of unforseen electrical, instrumentation and/or mechanical work not shown in Contract Documents but required to integrate existing Lime Softening Plant facilities into the plant SCADA 3 System: $ 50,000.00 $ 50,000.00 Allowance for Landscaping, Irrigation and other miscellaneous sitework items required by the 4 approved Collier County Site Development Plan: $ 175,000.00 $ 175,000.00 Allowance for Upgrades to the R.O. Cleaning 5 System $ 50,000.00 $ 50,000.00 Allowances for installation of 36 inch Finished Water pipeline from SCRWTP boundary to and including point of connection to existing 48 inch 6 Finished Watermain in County Road 951: $ 100,000.00 $ 100,000.00 TOTAL BID PRICE FOR ITEMS 1-6 $ 24,620,000.00 $ 24,373,000.00 Materials Manufacturers y y Named Equipment/Material Manufacturer List y y List of Subcontractors y y Statement of Experience of Bidder y y Trench Safety Act y y Bid Bond y y Addendums Acknowledged y y --A ,.J // Purchasing Agent: Jack Cllffan "J".----i~ ' /--/1;/.<. .... < a Witness: Janice Vermillion ~ Jf(.J f,,.{ I ,0 ,? ' , lJ ).,. ~/7[//~ ../ U.r"': ' ( ;./ .- L!') r-- ::l'+- ::>0 . ,'J L!') o - Z.,-<D ..- en E....co <D<DD... _.0 -0 co- "Du cO <D en <C ~ Z w ~:e uc.. w5 ""'0 ~w c..w zU oa: 005 Zen <Cw c....... 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Environmental Engineers & Scientists Agenda Item No. 10G October 11, 2005 Paae 6 of 7 Hazen and Sawyer, p.r;, 2101 Corporate Boulevard Boca Raton, Fl33431 561 997-8070 Fax: 561 997-8159 -I HAzEN AND SAWYER September 22. 2005 Mr. Phil Gramatges, Project Manager COLLIER COUNTY PUBLIC UTILITIES ENGINEERING DEPARTMENT 3301 Tamiami Trail East Building H Naples, Florida 34112 SCRWTP 12-MGD Reverse Osmosis Expansion Bid No. 05-3879 (Construction) Enaineer's Recommendation to Award Contract Dear Mr. Gramatges: The Collier County Purchasing Department received and opened bids for the above-referenced project on September 13, 2005 at 10:00 a.m. A total of two (2) bids were opened and read aloud. Attached is a tabulation of all bids received. On September 14, 2005 we received the bid proposals from you for evaluation. The apparent low bidder is Poole and Kent Company. According to our review of the Bid Proposals, including the Contractor, Subcontractors and Manufacturers Qualifications requirements, we consider Poole and Kent Company of Florida to be the lowest responsive, responsible bidder. As such, we recommend award of the Collier SCRWTP 12-MGD RO Expansion construction contraCt to the apparent low bidder, Poole and Kent Company of Florida, for the Total Bid Price of $24,373,000.00. HAZEN AND SAWYER, P.C. o c.r: --u ~ Please ~f yoL€1f! -0 ,~::c: ~ ~~ ~S~j ~':::lo :: :~:.S~ CS r.i......l .. ~-< eN -..l We appreciate the opportunity to assist the County with this important project. have any questions. Very truly yours, urt A. Pfeffer, P.E. Project Manager c: Jack Curran, Collier Purchasing Lyn Wood, Collier Purchasing Steve Lang, Col/ier SCRWTP Albert Muniz, H&S File 4Q703 - 4.0 (Bidding) 0:40703L011 New York, NY' Armonk, NY' WOOdllury, NY' Upper Saddle Aiver, NJ . DetrOit MI' Aalergh, NC . Charlotte, NC' Fairtax, VA' Hollytwood, FL' Boca Raton, fl. Fort Pierce, FL' Garnesville, FL' Sarasota, FL' M.aml. FL , Agenda Item No. 10G October 11 , 2005 Page 7 of 7 05-3879 "SCRWfP 12-MGD Reverse Osmosis Expansion" Bid Opening: Sept 13, 2005 Project Manager. Phil Gramataes Item # OescrlDtlon Total Encore Construction Number of Notices Sent 184 Number of Bids Received: 2 Total Poole & Kent Construction of the South County Regional Water Treatment Plant 12-MGD Reverse Osmosis Expansion in accordance with the Contract 1 Documents for a lump sum price of: $ 22,745,000.00 $ 22,498,000.00 Allowance for the Furnishing and Installation of Membrane elements, in accordance with .2 Contract Specification section 13705: $ 1,500,000.00 $ 1,500,000.00 Contingency Allowance for additional materials, labor and equipment required for the construction of unforseen electrical, instrumentation and/or mechanical work not shown in Contract Documents but required to integrate existing Lime Softening Plant facilities into the plant SCADA 3 System: $ 50,000.00 $ 50,000.00 Allowance for Landscaping, Irrigation and other miscellaneous sitework items required by the 4 approved Collier County Site Development Plan: $ 175,000.00 $ 175,000.00 Allowance for Upgrades to the R.O. Cleaning 5 System $ 50,000.00 $ 50,000.00 Allowances for installation of 36 inch Finished Water pipeline from SCRWTP boundary to and including point of connection to existing 48 inch 6 Finished Watermain in County Road 951: $ 100,000.00 $ 100,000.00 . TOTAL BID PRICE FOR ITEMS 1-6 $ 24,620,000.00 $ 24,373,000.00 Materials Manufacturers Named Equipment/Material Manufacturer List List of Subcontractors Statement of Exoerience of Bidder Trench Safety Act Bid Bond Addendums AcknowledQed y y y y y y y y y y y y y y .A 11 /- PurchasinQ Aaent: Jack CUffan ~~.:f/ ( A'~><. ~ . Witness: Janice Vermillion 'vUJA-f j ,0 .? '"\ 11jJ.A vn./ y(/ / i't7- ./ / /1/ V;'/ EXECUTIVE SUMMARY Agenda Item No. 10H October 11, 2005 Page 1 of 18 Recommendation to discuss the conceptual plans and fmancial implications for a new 17,000 square foot library adjacent to the existing Golden Gate Library (project 54261). OBJECTIVE: To present the required resources and actions to construct a 17,000 square foot (sq. ft.) library adjacent to the existing Golden Gate Library. CONSIDERATIONS: On September 27, 2005, the Board directed staff to present at the next Board meeting the required resources and actions necessary to construct a 17,000 (sq. ft.) library adjacent to the existing Golden Gate Library. Collier County applied to the State of Florida for a $500,000 construction grant to expand the Golden Gate library. At the BCC meeting on September 27, 2005 it was indicated in information provided by staff that the grant application specified a 17,000 sq. f1. addition to the Golden Gate library. However, the 17,000 sq. ft. addition was specified in a draft grant application document that was never submitted to the state. The actual grant application approved by the BCC on March 23, 2004 (agenda item 1602) and forwarded to the State of Florida was for a 15,000 sq. ft. addition. (See Attachment 1). The State of Florida Division of library and Information Services was contacted to determine whether a change in the size of the Golden Gate library addition would adversely impact the $500,000 state construction grant. The State of Florida has indicated that the change in scope will not jeopardize the $500,000 construction grant. Therefore, Collier County will still receive the $500,000 state construction grant provided we continue to meet the other grant requirements. The most significant other requirement is to have a .signed contract with the general building contractor prior to December 23, 2006. Construction Issues A preliminary review of vacating approximately 40 feet of the 100 feet of Lucerne Road right-of- way along the project boundary indicates that the maximum size library that could be constructed adjacent to the existing library is approximately 17,000 sq. ft. From their study of the site from an architectural and site planning standpoint, Dan Summers of BSSW Architects, Inc. indicates that a 17,000 square foot building footprint for the new freestanding library building would fit on the site, pending engineering review of stormwater requirements and parking layout. A planning figure of $318.29 per sq. ft. has been used resulting in an initial estimate of $5.4M for a 17,000 sq. ft. building. In addition, the costs of vacating 40 feet of the existing 100-foot road right-of-way and realigning a portion of Lucerne Road are expected to increase this estimate. Specific costs are expected to include utilities relocation in addition to pavement widening and any required curb or sidewalk. Vacating or abandoning the road is expected to take up to six months and should not impact the construction schedule. The project is located within the Florida Government Utilities Authority (FGUA) district boundary. The current library is on a septic system that is planned for conversion to the FGUA sewer system. The opening of the facility could be delayed if FGUA does not have the capacity at the time the project is completed. Library Level of Service Standard Agenda Item No. 10H October 11, 2005 Page 2 of 18 The Collier County Growth Management Plan level of service standard for libraries requires 0.33 square feet of space per capita. The 2004 AUIR reflects 130,082 sq. ft. of existing library square feet available, inclusive of the Immokalee branch library addition. (See Attachment 2). Based on the 10,000 sq. ft. addition to the Golden Gate branch library and the population projections included in the 2004 AUIR, there would not be a deficiency in library space per capita until late in FY 2009. (See Attachment 3). Assuming the 17,000 sq. ft. addition to the Golden Gate branch library, there would not be a deficiency in library space per capita until some point in FY 2011. (See Attachment 4). Construction of the 30,000 sq. ft. South Regional Library programmed in FY 08 would provide sufficient library capacity until FY 2016. (See Attachment 5). Impact Fee Revenue Stream Library impact fees are assessed only on residential dwellings. Existing library impact fee rates are as follows: Cateaorv Residential Library Impact Fee Fee (per unit) 0.18089/ sq. ft. (maximum of 4,000 sq. ft.) Historical library impact fee revenues by fiscal year are as follows: Fiscal Year FY 2000 FY 2001 FY 2002 FY 2003 FY 2004 FY 2005 (projected) FY 2005 (YTD 9/30/05) FY 06 - FY 14 (projected) Library Impact Fees Collected $1,409,834 $1,835,846 $1,957,257 $1,407,399 $1,856,873 $1,950,000 $2,035,358 $2,000,000 An annual revenue stream of $2,000,000 (based on current permitting activity and current library impact fee rates) was used as the core revenue assumption in the multi-year projection to determine the viability of constructing a 17,000 sq. ft. addition to the Golden Gate branch library, while not changing the timing or size of a planned 30,000 sq. ft. South Regional Library. Financial Issues Various scenarios were developed to outline the financial implications of financing the future construction of the Golden Gate Library addition and the 30,000 sq. ft. South Regional Library, making debt service payments on the North Regional Library, and continuing to fund the purchase of books required due to population growth. Current Plan (12.000 sa. ft. GG Librarv addition and 30.000 sa. ft. South Reaional Librarv) The baseline financing scenario assumes the construction of a 12,000 sq. ft. addition to the Golden Gate Library (based on the current Board approved design contract), along with a 30,000 sq. ft. South Regional Library. The scenario assumed a fifteen (15) year amortization of the construction loans. Agenda Item No. 10H October 11, 2005 Page 3 of 18 The analysis revealed annual shortfalls in impact fee revenue to support these projects as contemplated. (See Attachment 6). Any other scenarios that would add space above the 12,000 sq. ft. currently approved would also not be financially feasible based on the current impact fee revenue stream. Extending the term of the loans for these two construction projects beyond 15 years still results in projected shortfalls and is not recommended due to the additional library facilities still required in future years while loans for previous library expansions are still being amortized. The most recent comprehensive library impact fee study update (effective May 1, 2004) was predicated on a $199.27 per sauare foot cost basis (approximating the actual cost per sq. ft. of the North Regional Library). The current cost per square foot is estimated at $318.29 reflecting increased costs of construction materials and current trends in the construction industry. The County's impact fee consultant, Tindale-Oliver and Associates, indicated if the architect would certify the $318.29 per sq. ft. cost basis, the library impact fee could be updated to reflect the increased cost per sq. ft. The table below reflects the preliminary result of incorporating the $318.29/sq. f1. cost basis in the library impact fee rate model. The actual revised fee structure would be subject to a formal impact fee update. Cateaorv Residential Library Impact Fee Fee (per unit) 0.24326/sq. ft. (maximum of 4,000 sq. ft.) Based on the new library impact fee rate noted above, the $2,000,000 annual library impact fee revenue stream would increase to $2,689,600. Bce Direction (17.000 sa. ft. GG Librarv addition and 30.000 sa. ft. South ReQional Librarv) Based on the updated annual library impact fee revenue stream of $2,689,600 (predicated on Bee approval of an updated library impact fee rate increase) staff evaluated the economic feasibility of constructing the 17,000 sq. ft. Golden Gate library addition and the 30,000 sq. ft. South Regional Library. The analysis (Attachment 7) revealed that the 17,000 sq. ft. Golden Gate addition (10 year amortization) and the 30,000 sq. ft. South Regional Library (15 year amortization) are economically feasible, based on the current level of permitting activity and predicated on Board approval of an updated library impact fee rate structure reflecting $318.29 cost per sq. ft. of library space. Use of Alternative Revenues/General Fund UFR Dollars) During the discussion of the Golden Gate Library expansion on September 27, 2005 Board members mentioned the possibility of using unallocated General Fund UFR dollars to supplement available impact fee revenues for this project. While this is an option, the Board needs to understand the financial implications of using other available revenue sources (above and beyond impact fee revenues) to assist in funding growth-related infrastructure will result in a credit calculation in the next impact fee update study. This credit or potential reduction to the future impact fee rates has negative financial implications given that this project will be financed over an extended periOd of time. Agenda Item No. 10H October 11, 2005 Page 4 of 18 FISCAL IMPACT: Assuming the $318.29 cost sqJft. of library space, the existinCl library impact fee rate structure and associated revenue stream would be insufficient to support the construction projects in the 2004 AUIR. The existing $199.52 cost per sq. ft. of library space (current library impact fee study) is obviously not consistent with the current $318.29 sq. ft. construction cost estimate. The 17,000 square foot Golden Gate library addition and the 30,000 sq. ft. South Regional Library are economically feasible if the current level of oermittino activity continues and a larQe impact fee rate increase consistent with the estimated $318.29/so. ft. construction cost is aporoved bv the BCC. This revised cost per sq. ft. will require certification by the architect before a library impact fee rate increase could be implemented. GROWTH MANAGEMENT IMPACT: The additional square footage helps maintain the Growth Management requirement of .33 square feet of library space per capita. Based on the population estimates in the 2004 AUIR, a 17,000 sq. ft. addition would meet the Growth Management requirement of 0.33 square feet per capital of library space until some point in FY 2011. Libraries are a Category B facility in the Collier County Growth Management Plan. Category B facilities do not trigger a moratorium if the level of service standard is not maintained. RECOMMENDATION: That the Board of County Commissioners provide staff with direction after the presentation of additional information by Dan Summers, the design professional on this project. Prepared by: Ron Hovell, P.E., Principal Project Manager, Facilities Management Department ".-., Item Number: Item Summary: Meeting Date: Agenda ~tern No. 10H Oclober t 1, 200::-, Pi:lge 5 ot 18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS lOH This :t/:im to b~ ileaf'C al11 OU em, Re;cornnwrldabon to discuss the; ccnC/:ifllUal pian~ and financial Implications for a new q.COG ~quare foot librarv adjacent to thE' eXisting Guiden Gate library (project 54261) (Marla RilmlOey Adminlsliator, Puclic Servic'2s) 10/11/2005 9:00 0[; J\M Adrninl\l.tTntiv<.> Anlatant Dote Apflrm'ccJB)' OMB COOf'dinator County Mnnager's Offlce OfficI) of Milnageme-nt &. Budget 10/5/20053:17 PM Michael Simyi:owskl Milnll.g"ment 8.. Budget Diroctor Dllte AI}IIron~cJ By COl,mtyManilger':lOOfflce Office of Mana{farnflnt to. Budget 10f5.12005 3:40 PM Apllrol'ed B}' Skip Camp, C.F.M. AQllllnislwtlve $ervll:.e$ Facllltle-s ManO'lgement D!recTor Dille F acUities MaFHlgement 1[H!if20GS :Uil PM ll?oE Octll;.Jr. D~puty County Manag'l1'r Date AI)pnwcd By Board ot County Commisi;;iomHs County Manag~r'~ Office 1015120054:55 PM ,-, " Agenda Item No.1 OH . Octobe'" , 2005 AttACHMENT:lP of 18 ." ::: ,'co _ ."_'.:' .-. APPROV~L. .OF,. ATTACH, ED APPUCATION BY'THE. BQARbOFCOUNTY COMMzoSSIONERS, AND. SI6NA1:'URE . OF., . THECHAIRMAN~ PE~MITTING. THE' COLLtER. COUNTY PUBLICUBRARY TO APPLY FORA STATE * :' :'.' _ ' ' _ . ' '," -":. ":'''''':: "".. > ..- :'-"'" ..':'. -.' -. . -, _ -. -,-., ,'-' " ..' ,,".'. ':.:';'.. - . '::,',..., "-. - _ ::.." ::, : ,,:~~;:,,' _ : ,; CONSTRU(;TION GRANT TO' ENLARGE THE . GOLDEN '" GATE BRANCH U8RARY. CONSIDE!iATI9NS;,-he,Golden Gate Branch Library Was const~w;tedirI978,(lt".. ... (l'c:ostof$195,OOO..In 1993, the original 4;000 squl1refoot buildi~g w~.~nlarged to -7,000.... ".squarefeet ,at a cost of$427,OOCt -me Library has servedthe,communi1y... well,buttis'the. poJ)Ulation increases; the facilities have become inadeqtiiriteforfhe number of'libraryus.ersitnow serves; . ".. ., .. . The BCCapproved the architectural contract for the. expansion design work with Barany Schmitt Summers Weaver and Partners, Inc.; at. the Septemb~r 9, 2003; Board meeting. atem 16Ft, Item #6)A~tualconst-ruction is expected 'to start in' late FY05. .. ". . "Thel..ii:>l'ary:inte"ds t().emphasi.:ze.service to theincreasingnumb~rs ofch,ildren arid .Yl:l~n9adults in theGoI~el'1'Gatearea...The..current. faeilitY.9oes'1otprovide suffid(!"tspace to .approp~IC1telyse~ve these:popiJlations without a n~gCl,tiveimpact on ,sel"Vic~to' adults,se,ekinga.'1"ore traditional library setting. . . . The State ljbrary provides a speciaf construction gra.nt program for public libraries. Themaximum.Pgrant a.mount allowed is$500;000~ The application d~ciline.. is April 1,2004. The Secretary of State will include 'approvedconstru~~ion grant ..' applkci' s ,in the Department of State's Legislative B.udget, Request for co'''atiorf by the: te9i~lQture.If t,he appl'ication: is'cipproved,and .funds Q~e prlated by the legis<lature, funds ~m beavaitable in the summ~r of 2005; Eligibility requi.rements are minimal: the County Library must provide at leasfon . equaramount of matching funds for the construction proJect;additionaFfundi~g . ..... nted$tobe sufficient to cOr'l:\plete the construCtion project; suffident- fundS must . be~vaUcible to operate th~library after comp,letion; . and, the County Qg~ee$ ." . operate the bUilding as Q library for at least 20 years after completion;' , ,. .,. ,. . - - , ~--, , - -' ., -:' .. : ,.,-. ILnCO 00"'- ...-0"- -0 0:1- ') O<(T"" 0> ~ U) (r-, ~ C\l 0 w i=' "! 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",'jl ~Ii l-i'J 2 ~.ff ~1i :~~ji~ 'f" ~:;: [:l'~ !i'i.'!! ~1 lhltii!, :~~ ~~;~it ~~ .,"" Hi;:!j' ~~I!i! ;J-~~ ~... \t~ il'f:m r:~(~r ;1~ 'l;i 5 ;;; ~ .. 15 'il g ] o 1;1 8 1 '~ r: .. 1 ~ Agenda Item No. 101 October 11 , 2005 Page 1 of 5 EXECUTIVE SUMMARY Discussion regarding staff interpretation and implementation of a provision in the Growth Management Plan pertaining to the re-designation of Rural Fringe Mixed Use District Sending Lands to either Receiving Lands or Neutral Lands. OBJECTIVE: To receive Board direction whether or not all Rural Fringe Mixed Use District Sending Lands properties submitted for re-designation should be brought forward as a Growth Management Plan amendment for Board consideration, and whether each re-designation request should be viewed on a parcel-by-parcel basis (separate legal description) or as an aggregation of contiguous parcels under the same ownership. CONSIDERATIONS: On June 14,2005, Attorney Rich Yovanovich presented to the Board, as a public petition, a request to have the Board schedule a future hearing date to discuss how staff is interpreting and implementing a provision in the Future Land Use Element of the Growth Management Plan (GMP) that allows owners of property designated Rural Fringe Mixed Use District (RFMUD) Sending Lands to submit environmental data to the County to demonstrate the property does not warrant the Sending Lands designation. That is the pUIpose of this agenda item, to have that discussion and receive Board direction. .:- The Rural Fringe Mixed Use District (RFMUD), including associated Transfer of Development Rights (TDR) program, and other related GMP regulations, was adopted June 19, 2002. The RFMUD consists of: I) Sending Lands, mostly environmentally sensitive lands, where uses and densities are restricted; 2) Receiving Lands, areas most appropriate for development and the least environmentally sensitive; and, 3) Neutral Lands, lands with a habitat value between Sending and Receiving Lands. Development rights generated from Sending Lands may be transferred to Receiving Lands; development rights cannot be transferred from or to Neutral Lands. The RFMUD designations were established based upon a landscape-scale view of the ::t93,000 acres that comprise the Rural Fringe area. During the Rural Fringe GMP amendment hearings held in 2001-2002, several property owners stated their property had been cleared for agricultural use or otherwise did not contain habitat value that warranted the Sending Lands designation. In recognition of this potential, the Board included a provision to allow owners of Sending Lands a one-year time period in which to submit evidence to support their assertions, and the County would then initiate the necessary GMP amendment at no expense to the property owners. However, in also recognizing that pockets of Neutral and/or Receiving Lands established throughout a large area of Sending Lands (Swiss-cheese concept) would be inappropriate and detrimental to the goal of protection of Sending Lands, the Board limited eligibility to those Sending Lands that abut Receiving or Neutral Lands (i.e., along the Sending Lands-Neutral Lands and Sending Lands-Receiving Lands borders). The specific text in the RFMUD Sending Lands from the Future Land Use Element of the GMP is provided below. ","'- Agenda Item NO.1 01 October 11, 2005 Page 2 of 5 8. Adjustment to the Sending Land Boundaries. For all properties designated Sending Lands where such property is contiguous to a Sending LandlNeutral Land boundary or Sending Land/Receiving Land boundary, the County will provide written notice to the property owners to advise of the opportunity to submit additional data and analysis to the County in an attempt to demonstrate a change to the boundary is warranted. Said written notice will be provided within three months of the effective date of these Rural Fringe amendments. Within one year from the date these notices are sent, the County will initiate a Growth Management Plan amendment to consider boundary changes, based upon the data and analysis, as may be warranted. Under the following conditions, adjustments may be proposed to Sending Land boundaries: a) The property is contiguous to Neutral or Receiving Lands; b) Site specific environmental data submitted by the property owner, or other data obtained by the County, indicates that the subject property does not contain characteristics warranting a Sending designation; c) An adjustment to the Sending land boundary requires an amendment to the Future Land Use Map. Comprehensive Planning staff sent the required notices and received twelve (12) requests for re- designation. Most of these requests included multiple properties (separate legal descriptions), - and all but one request reflected ownership by a single entity. One request (by Don Lester/15,000 Coalition) included numerous non-contiguous properties with numerous property Qwners. These 12 requests included a total of ninety-two (92) separate legal descriptions comprising 3,646.44 total acres. Staff from the Environmental Services and Comprehensive Planning Departments reviewed these requests to determine if each property described by separate legal description abutted Receiving or Neutral Lands and, if so, whether either the submitted data, or are-review of the County's data from 2002, warranted a change from Sending Lands designation. Staff then sent a letter to each owner or designated agent to advise of staff's detemlination. For the re-designation requests, or portions thereof, that staff determined met the criteria, the County-initiated amendment will be included in the 2005 cycle of GMP amendments. Staff determined a total of twelve (12) separate properties, comprising 1,391.45 acres, meet the criteria for re-designation. Conversely, staff determined eighty (80) parcels, comprising 2,254.99 acres, do not meet the criteria for re-designation. If staff's determination was not positive, the property owner has the option to submit an amendment petition as part of an annual GMP amendment cycle. Such a submittal would require the necessary supporting data and analysis, and the petition fee. At the June 14 hearing, Mr. Y ovanovich identified two areas of disagreement with how staff is interpreting and implementing the above Sending Lands text. Each is listed below, followed by staff response. (1) "Property", as used in the Sending Lands text above, should mean an entire contiguous ownership, not each individual parcel or separate legal description. The words "property" and "parcel" are used interchangeably in the RFMUD Sending Lands designation of the Future Land Use Element. Though, depending upon context, the term 2 Agenda Item No. 101 October 11, 2005 Page 3 of 5 "property" can be used to refer to an individual parcel or a group of parcels under the same ownership, staff finds nothing in the Sending Lands text to suggest the intent of usage is ownership. Excluding the text at issue, the tenns "property", "properties", "property owner" and "parcel" are all used in the Sending Lands text. Further, though not necessarily relevant to the GMP, the fonner Land Development Code contained synonymous definitions of "property" and "parcel"; the new LDC only contains a definition of "parcel". (2) Staff should not make the final determination as to which requests meet the criteria, and then include only those requests in the GMP amendment for Board consideration; rather, all submitted requests should be included in the GMP amendment so that the Board can make the final determination on all properties as to compliance with the criteria. In the Sending Lands provision at issue, the term "the County" is used, not "the Board of County Commissioners". Further, the question of contiguity is a factual one, not one of subjectivity; staff is unaware of any owner challenging staff's determination of contiguity - except in the context of what "property" means. Staff does not believe it necessary or prudent to use Board time to make such determinations. Staff does acknowledge, however, that there is some subjectivity in evaluating environmental data and analysis. Based upon staffs evaluation of the submitted requests, if the Board determines "property" equates to contiguous parcels under the same ownership, then eighteen (18) additional parcels - totaling 433.94 acres - would then be contiguous to Receiving or Neutral Lands; and, seven (7) of these 18 parcels - totaling 35 acres - would warrant re-designation. (see table below) Requests for Re-designation of RFMUD Sending Lands (12 received) Total Number of Parcels/Acres in the Requests 92 parcels 3,646.44 acres Re-designation Wan"anted (Staff definition of "property") - 12 parcels 1,391.45 acres Total Number of Contiguous Parcels/Acres Additional Contiguous Parcels/Acres (Y ovanovich definition of 18 parcels 433.94 acres "property") Additional Contiguous Parcels/Acres Where Re-designation 7 parcels 35 acres Warranted (Y ovanovich definition of "property") Re-designation Warranted (Y ovanovich definition of 19 parcels 1,426.45 acres "property") - Total Number of Contiguous Parcels/Acres FISCAL IMPACT: If the Board directs the County Manager or his designee to include all properties in the GMP amendment, there will be an increase in the number of surrounding property owners to be notified of the Neighborhood Information Meeting for the GMP amendment petition, thereby increasing mailing costs. Existing staff will be utilized for the entire re-designation project. GROWTH MANAGEMENT IMPACT: None. The Board's direction, whether to accept or reject staffs recommendation, will not affect GMP consistency. ,...-. 3 Agenda Item No. 101 October 11, 2005 Page 4 of 5 LEGAL CONSIDERATIONS: The Board's direction, whether to accept or reject staffs recommendation, would be legally sufficient. RECOMMENDATION: That the Board direct the County Manager or his designee to view "property" as individual parcels of land described by separate legal description; and, direct staff to determine those propeliies that wan-ant re-designation and include only those properties in a GMP amendment petition. Prepared by: David Weeks, AICP, Planning Manager, Comprehensive Planning Department ExSum RFMUD Sending Lands Redesignation issues G, Camp, Redesignation Requests dw/9-9-05 - 4 AgefldZlltern No 101 October 11, 200:- Page 5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: hem Summary: 101 Meeting Oate: DIscussion regardmg slaff Interpr('tsl1on and Implemer1tation ot a provision in 1he Grtl\'\'th Management Plan pertaining to the re-designatlon cf Rera! Fringe Mixed Use Oistrid Sending L..and!'. ttl eittllH r~eCP'lvHlg l_ands or Neutral LencJs (Jc.,seph K, Schmlt1. AdministratcJf. Communl1y De'/(110pmcnt aM! Enviro'imerJta1 Services! 10/11/20059,0000 AM Prellared By David Wtleks, AICP Chlcf Planner 0"'" Community Dellolopmenl & EnvlronmBntaISllIrvir.a\t COnlpr(!hcnS!\I'(I Planning ',11912005 4:GZ:33 PM AIJPro\'cd By Rlmdan J, Cohen Commuinty Planning and R"df.lvltlopment M.anager D.te Community Development & EnvlronmenL"l1 Servic/!$ Comprehensive Planning 'ilIUf200510:1IlAM Approved B~; Constance A. John:>nn Operations An81yst Community Dev~lopn'K!nt & Community Development & EnvIronmental Servlcl!S Envtronmcmtal Services Admin. Ooatl!' 9I14!1OO5 7;53 AM Appro\'cd B~' Joseph 1'\. Schmitt Community !)evelopnwnt & Envlronmentilll &erviee'li Adminstr.lltor Oat. CornrnunUy Development & Env!ronmc.ntol S~rvl(:lils Community Di-vlJlopment & Emtlronmcl'tlIl Ser\'lo~s Admin. 1J114f20D5 9:15 PM Approved By M~r!orle M, Stud(lot Aulstant COUl1ty Attorney D'te CDlmty Attorne~ County Attomay Offlee 91151200S 1;1.1 PM Approved By OMS Coordina.tor Admll1lfluative A!O$/!>tllnt "at, County Mana~r'~ Offiel!! ornc" of Mlll1l11g.ment & Budget 9{1812005 9:00 AM AppMlvcd By Mark IStlCKSOrI BUQUel Analyst D.te ~ounty M,magcrr', Offioe Offi~ of Managl'menl 8. Budget !lM!I/20M 9:58 AM Apllroved By MlthJK!'1 $my~owskl Mlmag(lment & Budget Dir(lclOr o.te CQUnty Manager's Offic~ Ofncc of Milnagement & Bullget 91:1:0120056:37 PM Approved By James 'V. Mudd CountY M3Tl~Ql!'f DB" Soard of County Commissioners County Manager's OfficI!' 9120T20D5 9:55 PM -- ,- -- Agenda Item NO.1 OJ October 11, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to be authorized to advertise and schedule for public hearing an amendment to Collier County Ordinance No. 2001-75, as amended, the Public Vehicle For Hire Ordinance. OBJECTIVE: That the Board of County Commissioners ("BCC") authorize the County Manager or his designee, to pursue an amendment to the Public Vehicle For Hire (PVAC) Ordinance, advertise as required and schedule a public hearing. CONSIDERATIONS: The Public Vehicle Advisory Committee is recommending certain changes to the existing Public Vehicle For Hire Ordinance to address the impact of increased gas prices on the industry, address signage needs for certain services in response to heighten security requirements at our local airports and to standardize the enforcement procedures, deferring that responsibility to the Code Enforcement Board and/or Special Master. In addition to the above noted recommended changes, the Code Enforcement Department Staff is recommending additional changes in an effort to improve the process and ensure that the applicants are informed of all the provisions in the Ordinance. More specifically, the following modifications to the Ordinance are being proposed: 1) Authorizes increased taxi fares from $2.15 to $2.50 for the first one-tenth mile and from 40 cents to 45 cents for each additional two-tenths mile or fraction thereof due to inflation and increased costs of motor vehicle fuel; 2) Authorizes that specified text can be painted on the front, sides, and rear area of each van provided such signage does not exceed 30% of the van's front area, rear area and both side areas, including windows, each area calculated separately; 3) Increases the current $25.00 fines to $105 for the first violation in any 365 day time frame and be further increased for additional separate in time violations by the same violator; 4) Authorizes Code Enforcement Officers to issue notices of violations that impose immediate fines for continuing condition violations; 5) That prerequisite to the PVAC issuing a certificate to operate a vehicle for hire, each applicant who had not already done so must view a staff prepared video presentation regarding the PVAC Ordinance; 6) That each PVAC issued vehicle for hire operator's ID must be renewed annually and each applicant must provide staff with an affidavit that the vehicle operator (or operator applicant) is authorized by his or her vehicle operator's permit, criminal record, and history regarding insanity, to be issued the original, or annually renewed, vehicle operator's ID; 7) That FBI national criminal background checks be eliminated because they cannot be acquired with regard to these vehicle for hire services; 8) To provide that legally recognized insanity of a vehicle for hire operator or operator applicant, and that conviction within the preceding ten years of any Agenda Item No. 10J October 11, 2005 Page 2 of 3 felony listed in Chapter 784, Florida Statutes, (relating to assault and/or battery on a human being) shall disqualify such individual from operating a vehicle for hire pursuant to this Ordinance (unless an exemption is granted by the PVAC); 9) Providing clarifying amendments regarding sub-certificates; 10) Providing minor amendments regarding the vehicle locations for vehicle decals; and 11) Providing that this Ordinance shall become effective on the first day of the month following staff's receipt of written notice from Florida's Secretary of State that this Ordinance has been received by that office. FISCAL IMPACT: The authorization of the amendment of the Public Vehicle For Hire Ordinance will require advertisement in a newspaper of general circulation which will be an estimated $1,000 assessment against the general fund. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That by approval of this Executive Summary the Board of County Commissioners authorize an amendment of the Public Vehicle For Hire Ordinance, as proposed above, by placement on a future Agenda and authorize advertisement in the Naples Daily News. PREPARED BY: Thomas C. Palmer, Assistant County Attorney .....-" Aqentia Itern Nu. 10J ~ October 11. 2005 Page 3 ot :~ COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS "em Number: 10J Meeting Date: Recommendation to be authorizetl to ad'..erti5e and schedule fOI pUblic htlaring am,"ndmg Collier County Ordinance- Nc. 2001-75 B[; ameMed, the Public Vehicle for H:r~ Ordinance UOl;€ph Schmitt, .A.dmimstrator. Cornmumtv O",....eloprnent) 10/11/20059:00:00 AM Item Summary: Apprm'ed By Miehell<.> Edwards. Arnold Code Enforcement Qlrector Dale Community DeVlllopm()nt & Envlronmental5(Jrvie(l~ Code En10reement 9J2612005 9:$4 AM Allflro\'ed B,. Sandra Lea Ellecutive Secretary Community Development &. Community Development & EnvlronmllnLRI Services Envlronm.ntal Senllees Admin. D... 9f261200S 10:14 AM Apllrm'ed By Constance A. John!>on Ope-rations Analyst Date Community Q<,veloprm.t1t& Commllnlty [ko,vl}lopment & Envirol1fmmtal S~lvlce-5 Environmental ServIce" Admin 912:6120Q511:16AM Allflrovcd B~' J05eph K. Schmitt Community Developm~.ltlt& Envjronmllntal Servicf!l\ Admln=;trator o.to Community O~ve-Iopment & EnvfrOllmQntal Servfces cammunity Development & Elwlr<mmental5ervicefo Admin, 912712005 9:35 AM Approved By OMB Coordinator Admlnittrllti\;e A"S6l~tant Date Cuunty MlInager's Office Office of MlInaoerrwrnt & Budget 9128/2005 8:13 AM Appro\'cd 8y Mark tl>.Jckson Budgc-t Analyst D;u~ Crnmry Manager's Offl~ onlce 01 Managemer1t& Budget 912&/200511:07 AM Approved By Michael Smykowskl Managt!ment & Budgf't Director o.te Counl)' MJl:nager'5 Offl<:~ Office of Manilgemfll1t & Budgst 9130120054:51 PM Appnwed By James V. Mudd County M;mager D... Board of County CommlslilonerlO County Manager's Offlne 9<'3012006 &:26 PM Ageoi;.1a Item No. 12A Oclober 11. 2()[)5 Page 1 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - !tem Number: Item Summary: Meeting Date: 12A Notice of E<'!quesl for CIOSC(i Artoff1l.','-Cllenl E>eciJlive ~lessi(lC', 1011 '1I200f; geO 01) AM AlllJroved By David C. Weillel County Attorney Dntf.! County Attornf.lY County AUotn<;>y Office !1/2\1/200$ 4:11 PM Approved By OMS CoOt'dlnator AOminl"tratl\l(> A5$llOtanf Dlltl! County Manager's Office officI<' of Management &. Budget 9(30120()S8:..UAM AI)Proved By Michael Smykl}~kl M..nagement 8. Budge! Direc:tQr Datil" County MIIO<'tg&r" Office Office of Maflng('menl & Budg<l't 9l3012006.<l:13 PM Approved B~' JIl;~sV.Mud1J County Manager D." BOOlrd of County 9/30lZ005li:47 PM Comml$sloners CCJurtly MWlllger's Office .- ~ Agenda Item No. 12A October 11 , 2005 Page 2 of 2 NOTICE OF REQUEST FOR CLOSED ATTORNEY-CLIENT EXECUTIVE SESSION Notice is hereby given that the County Attorney of Collier County desires advice and requests at the Board of County Commissioners Board Meeting scheduled for Tuesday, October II, 2005, at 9:00 a.m., to be held in the Commission Conference Room, 3rd Floor, W. Harmon Turner/Administration/F Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, and pursuant to Section 286.0 II (8), Fla. Stat., that the Board of County Commissioners meet in executive (closed attorney-client) session on TUESDAY, OCTOBER 25, 2005, in the Commission Conference Room, 3rd Floor, W. Harmon Turner/Administration/F Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The Board in executive session will discuss: Settlement negotiations and/or strategy related to litigation expenditures in the pending case of Collier County v. United Engineering Corporation, Case No. 04-3363-CA, pending in the Twentieth Judicial Circuit in and for Collier County,-Naples, Florida. Attending: Board of County Commissioners; County Attorney David C. Weigel; Chief Assistant County Attorney Michael W. Pettit; Paul Ullom, Esq.; County Manager James V. Mudd. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/ Patricia Morgan Deputy Clerk (SEAL) Agenda Item No. 14A October 11 . 2005 Page 1 of 6 EXECUTIVE SUMMARY -- This item to be heard at 10:00 a.m. This item continued from the September 27, 2005 BCC Meeting. Recommendation to approve a 3.9 percent ($3,490.50) cost of living increase retroactive to September 17, 2005 (the first day of the first pay period in Fiscal Year 2006) and a $5000 bonus to the Executive Director of the Collier County Airport Authority, Theresa M. Cook. OBJECTIVE: That the Board of County Commissioners (the "Board") approve a 3.9 percent ($3,490.50) cost of living increase effective the first pay period of fiscal year 2006 and a one-time $5000 bonus for the Collier County Airport Authority (the "Airport Authority") Executive Director, Theresa M. Cook. CONSIDERATION: Based on the Authority's Executive Director's performance from December 15, 2004 through August 31, 2005 (performance appraisal attached), the Authority voted unanimously to recommend a $5000 bonus for the Executive Director, Theresa M. Cook, and to increase her salary 3.9 percent ($3,490.50), consistent with the Collier County cost of living increase, effective the first pay period of fiscal year 2006, increasing her annual salary from $89,500 to $92,990.50. This item was originally on the Board of County Commissioners agenda-for the meeting of September 27,2005, however, itwas continued to the October 11th meeting. -- FISCAL IMPACT: Funding is available from carryforward in the Airport Authority Operating Fund (495). GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with adoption of this Resolution by the Board. RECOMMENDATION: That the Board approve a 3.9 percent ($3,490.50) cost of living increase for the Airport Authority Executive Director, Theresa M. Cook, effective the first pay period in fiscal year 2006, increasing her annual salary from $89,500.00 to $92,990.50, and a one-time $5000 bonus and associated budget amendment. Prepared by Debi Mueller -- Aoend8. I~em No. 14A ~ October 11. 2005 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number; Item Summary: 14A - ThIS item 10 be heard at 10:(10 a m, efter Itl:lm 9K Thi~ item (;on1inued from Ih(,; Sep1enlt>er 27,2005 Bee Meelil)g Recommenci8tiM to appro...," a 8.9 pe>rGent [$'3,490501 cost of Ip,ling in(;:rear.p. mtroadi'/l'l 10 S(~pt,"mber 1"!, :WOf; (thE.. Nost day of the fir5t PilY period ill (:iscal Ydsr 2006) and a $5000 oonut; to the ExecutivE: DWE-clor olthe Coiiier County Airport Authority Th("~msa M Cook Meeting Date: 1Q/11l;20f)5 9 oeoo AM Prepared By Debl MUI5I1(lT Account TBclmlcan D-Jilil County Man.:.g(l'T's Office Airport Authority 'iI/'1312Q05 2:06:32 PM Apllrlwed By Tht'!reS3 M. Gook EKeilutlve Olreetor Date County Manager's Office AIrport Autnt'lrlty 9113/20.052:21 PM AlllJrOved By Randy Greenwald M..nilQ~m(l:nVBudylltt Analyst Date County NltllUlger'S OfTi~e Office 01 ManAgement & Budget 9/30120053:08 PM A pproved By OM8 Coordinator Admlni!l.triltlve All$l$wnt ""'" County ManllQor's Office- Office of M/magement & BUdget 913012:005 :UO PM Apllmved B)' Mlchael S11tyli:ow~ki Maniilgenlsnl & Budget Oireetor ""Iu County M~,"ll~r'li Off~C;e Ofl~ce ofMO'lnO'lgtmlent& Budg*t 1e131Z005 11'):44 AM Approved By Leo E. Oehl.:. Jr Deputy County Mlll\llger Date Boitrd of Count)' Comm!s\>ioner9 County M3nager's <,"lee 101!Sf10054:10 PM COLLIER COUNTY AIRPORT AUTHORITY .'" 1lt::IIII"U. 1'+1-'1 CBNtr=~~wR~ EXECUTIVE DIRECTOR PERFORMANCE APPRAISAL FORM BOARD EVALUATION Executive Director: Theresa Cook Hire Date: December 15,2004 Evaluator's Name: Robert E. Doyle, Jr. Evaluation Period: From: 12/15/04 To: 08/31/05 Title: Chairman Rating Scale N/A = 1 = 2 3 Not applicable or not observed. Performance is consistently below minimum standard. Performance is at minimum standard, but not consistently. Performance consistently meets expected standard, and may occasionally exceed the expected standard. = Performance is consistently above the expected standard. = Performance is at an exceptional level, far exceeding expectation, on a consistent basis. 4 5 Please check the appropriate number on the scale that best describes your observations/experiences with this person. Additional comments or feedback should be recorded in the comments section following each performance factor. If a 1 or 5 is marked, supporting information/comments should be supplied in comments section. Leadership - Provides guidance, direction, and motivation to peers and others in order to accomplish the Authority's goals and objectives. N/A 1 2 3 4 5 . Motivates selfand others to accomplish Authority objectives D 0 0 0 D PI . Leads by example (aware and informed about Authority policies and D D D 0 D M procedures and applies appropriately, is a positive influence) ~ . Consistently demonstrates the ability to be patiently persistent in D 0 0 0 0 making well informed decisions in a timely manner and is supportive of the decisions made by others . Effectively functions in the Collier County environment with an D 0 0 0 0 ~ understanding and respect for the organizational structure . Consistently demonstrates a willingness to identify and lead D 0 0 0 0 Jl.f projects/activities; takes initiative . Collaborates/consults on new projects crossing functional areas prior D 0 0 0 0 ~ to creating/implementing new policies or procedures . Shows respect for others D 0 0 D 0 (I . Works to overcome real and perceived barriers between departments 0 0 0 0 0 2 and offices that will undermine the Authority's unity Page 2 QBMKE\5226813.3 ';:;7' ,~ nem 1\10. 14A c8~~~li~ ..- Examples/Comments: Theresa first demonstrated her leadership by engaging in a reorganization ofthe Authority staff within weeks of taking her position. First, showing her willingness to study and learn, and attempting to improve the performance of the Authority's operations, she has led by example. At the same time, she has not been hesitant to exert her authority to demand performance from staff. In particular she has exerted leadership in demanding performance from the Authority's consultants in an attempt to assure that we receive the best service and professional advice possible. Communication - Demonstrates the ability to clearly and effectively communicate with others to accomplish the Authority's goals and objectives. N/A 1 2 3 4 5 . Consistently demonstrates effective oral communication 0 0 0 0 If 0 skills (clear, concise) lj . Consistently demonstrates effective written skills (clear, 0 0 0 0 0 concise) . Communicates honestly, constructively, and in a timely 0 0 0 0 0 fa( fashion using appropriate forms of communication (e-mail, voicemail, face to face) . Creates an atmosphere that encourages open dialogue and 0 0 0 0 0 ~ - feedback . Actively listens and shows respect and understanding of 0 0 0 0 0 Ii( other viewpoints ~ . Resolves conflict and/or provides constructive criticism 0 0 0 0 0 through appropriate channels rather than disparaging others . Accepts responsibility for dealing with interpersonal 0 0 0 0 0 ~ relationships in a collegial manner by being direct and honest when interacting with colleagues . Interacts with colleagues in a professional manner by 0 0 0 0 0 JiJ assuming the best motivations Examples/Comments: Theresa has opened lines of communication with County management and staff and created an atmosphere of trust in her dealings with others. She has not been hesitant to criticize poor performance, but has done so in a manner that builds bridges rather than destroying them. - Page 3 QBMKE\5226813.3 ."'. Ilel! I 1'10. I <fA cc9NtF~W~~ Client Service - Provides client service (internal and external) by understanding and implementing goals and objectives. N/A 1 2 3 4 5 . Responds to requests promptly, accurately, and 0 0 0 0 0 kt professionally (fosters a "can do" attitude) . Consistently follows through with internal/external clients 0 0 0 0 0 ~ to ensure a successful outcome is achieved . Establishes and maintains effective relationships with 0 0 0 0 0 ~ internal and/or external clients and gains their trust and respect . Anticipates client needs to improve Authority processes 0 0 0 0 0 )&. . Open and responsive to client feedback 0 0 0 0 0 .R . Consistently strives to exceed internal/external client 0 0 0 0 0 )it expectations ~ . Demonstrates the ability to resolve problems and 0 0 0 0 0 identifies creative solutions Examples/Comments: From the beginning of her tenure, Theresa has understood that she has multiple clients: the Authority Board, the County Commission, the taxpayers, the users of our airports, the communities surrounding the airports and the potential users of our industrial park. She has worked to forge relationships that WIll make her job of communicating with them easier and more productive. She has not lost sight of the fact that we need to be of service to these clients and has tried to focus her staff to have the same recognition. Work Product N/A 1 2 3 4 5 . Accurately completes job responsibilities in a timely 0 0 0 0 /IE' 0 fashion . Carefully analyzes work product for compliance and 0 0 0 0 0 tr thoroughness . Possesses organizational skills necessary to complete job 0 0 0 0 0 ~ responsibilities (time/information) . Effectively prioritizes multiple projects and communicates 0 0 0 0 It IT with clients regarding status Examples/Comments: Theresa's organization and prioritization have been excellent. Because of the competition for her attention by the many responsibilities she has been given, her timely response has not always been as good as desired. Additional delegation to subordinates may be necessary to enable her to get the job done on time. QBMKE\5226813.3 Page 4 c8~l\1ijtr~~ Significant Contributions/Accomplishments The reorganization of the Authority staff at the beginning of her tenure saved the Authority over $100,000 and established Theresa's authority in her new position. She has worked tirelessly to improve our performance in the permitting arena and has brought new resources to the Authority by introducing additional consultants to the problem-solving approach she has used. Areas for Growth/lmprovement As the business of the Authority grows, it will be increasingly important for Theresa to delegate work to consultants and subordinates who are capable of carrying on the Authority's work in a timely professional manner. She should continue to seek out those staff members and consultants who have that ability and use their skills to accom lish the mission of the Authorit . ..--? 9-/IJ-p> Date Page 5 QBMKE\5226813.3 Agenda Item No. 16A1 October 11 , 2005 Page 1 of 3 - EXECUTIVE SUMMARY Recommendation to approve final acceptance of water utility facilities for Tollgate Business Center OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Tollgate Business Center has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on June 9, 2003. Final acceptance is in accordance with Ordinance 2004-31 as amended. 3) Staff has recorded all appropriate legal documentation which has been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water- Sewer District during the one (1) year warranty period. - 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), in the form of a Cash Bond in the amount of $4,237.13, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval. FISCAL IMPACT: The cost of operating and maintaining the water facilities will be paid by monthly user fees in County Water/Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County Attorney, Thomas Palmer. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Tollgate Business Center, and release the UPS to the Project Engineer or the Developer's designated agent. - PREPARED BY: Tonia Leavitt, Engineering Services ~L()(") <(0- (.000 ~NN o ,..: (l) Z~ Ol ",-CO E(l)o... (l).D ......0 ~t5 -00 c: (l) Ol <( . 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(I) ; in ::> lEI UJ t- <( U) ::l 0' t-: 0- <( ~ z o - ~ u o -I Item Number; Item Summary: Meeting Date: Agemia Iterr No, 16A 1 Octobe, 11, 2005 Page J 013 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16,";,1 Rj',(:omrne'1dalitlil to a:,;pr0"'" finai 3,;,ctmlar.ce C'f water uNity f"cllitl/o':S to-r Toll~ate Bu:>mess C",nler -:J/11'2:JC:, 8 OC; 00 ,'\M Dato Approycd By Pl1m~la LIbby PUblic UtilJties Water Op~r/Jtions MD:nager W.'lI'*i"r 9/2120D5 3:23 PM Dole AllprO\.'cd B~' Paul Mattausch Public Utilities Wa!llrDtrector Water 912'20053:31 PM D"t(> Appro\lcd 0," RoV B. And~rson. p.f:. Public Utilities Public Util!tie!> Engin&&rin!,) DI",cWr Public Utilities Engineering 91212005 !;::511 PM D;tn~ Appro....cd By Tllon\;tS E. Kuck. P.E Community Development &. En'.ironmenl.1f Services COES Engin"'erlng Services Direttor COES Ellflinet!rin!,l Servlce'i !lt6!20059:2BAM Dille AI)I)ro\'cd OJ Constanc~ A. Johnson Ope~tjons Analyst Community Development'" Community Dnvll"lopment &. Environmental SeflrloCes Admin 9M2J2D05 3::54 PM Elh'iHmllrontaJ Servlc~s Oat. Approved B.~' Sandrll Lea E";H;Utiv~ Sec,retary 9122/20058:51 AM AIII)fOl'ed By CommunIty Developmenl & Community D~veiopment & En\iimnmelltal Service!; Envlronmentll.1 Servict!'s Admin Jo~eph K. Schmitt Communlry Development & En....ironmel"\~1 8ervrC(l~ Community Development & Environmental S1!rVll;eS AdminslT./Ilor Date C(,mmunity Developmflnt &. En"ironmentill Servi~es Admin, tJI27.'2005 ';;:12 AM Oat. Approved B)' OMB Coordinator County Man./lgl!'r's Office Admlnistrative-Ass!5-tilnt Offic.e of MlInagl!'ment Ji, Budget 912$12001i 7:53 AM Dote AllprO\'cd By Mark Isackson County Manager's Office Budget AnalySI Office of Management &. Budget 9/21/20058:30 A.M Date Apprond BJ MIChael SmykoW1lki County Milnllger's Offj~e Management & Budget Dire!;;!or Office of MallllQt>menl & Budget 9128!200:. ,):53 PM "= Approved B~: Jam...._':> V_ Mudd Board of COtlnty C ommiss(ollen County ManatlQr County Manager's omc~ 9i29fZ005l!:J.6 PM Agenda Item No. 16A2 October 11 , 2005 Page 1 of 3 ..~..;- EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Serafina at Tiburon 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 Serafina at Tiburon has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on September 30, 2002. Final acceptance is in accordance with Ordinance 2004-31 as amended. 3) Staff has recorded all appropriate legal documentation which has been reviewed by the County Attorney's office for legal sufficiency. ,.- 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), submitted with the Subdivision bond may be reduced by 10% for the utility-related items that have been satisfactorily completed. FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be paid by monthly user fees in County Water/Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County Attorney, Thomas Palmer. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water and sewer facilities for Serafina at Tiburon, and release the UPS to the Project Engineer or the _ Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services S]>tVl 31:l1HS1Wl NL{)C'") <{04- (,000 ..-NN O~al Z ..- OJ ...ro EalCL 0)..0 _0 -;13 -00 c: al OJ <{ ili '" < " z < '-' OJ Q. ~ VI ~ ~ " z " ::; z o UJ- I-!;( ii)u o ..J li < ~ " - ~ NOlSH3.i.lC3 O..OH HO.1S9NlI\l1 on W N ~ ~ < " ili '" < " z <'i OJ Q. 31Y:1S 0110N / - ~ (IYO) )fl"MQN'f''151 ~ ~- < . ~~ ~ ~ I~ ~" " ~~ ~~ ~ ~. I\lOl~NUNI1I" OM'f'^ nOli N'r'ElOl i ~ ;; ~ ~ ~'= z~ ~ (1(11::1 .l.til."r'IO:) '" J1O!l SOOOM SS3~.u.:i ;; ~ I~ o . ~ ~ ~ ~~ z< <;./..31V1SH3J.NI ~ ~~ ~~~ ~ ~- i~" ~. is on ; ~< ~~ ~~ ~ ~ ~ <;.t" 3.1'V.1S1:I3.l.NI " I~ ~ ;e ~~~~ .~ zo ~~~ ~~- Q"'O~ NOJ.SONlt.ll ~~- ~.~ il\ ~ , ~ ~ i ~i ,~i\ ~U i ~ ~ ~ Ol'ld 0'f'01l 1U3lOOO~ 3f:l:)'f' oar rtS9~f:)) O~..^g'nos )/"''rlJ~ n~ a.. <t ~ LLJ r- - (/) ~I 0:::1 ::>>', m i=1 ~I ~I U1, (/)[ a.. <t ~ z o - ~ U o ..J :! Item Number: Item Summary: Meellng O.te: Agen:.1a Item No. i6A2 OCIODer 11. 2005 Page 30f3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1eA2 Recommenoairan f:) appro....., final ;:;cco:optSlnc<, ofwaier and sewe' '.i1,irfY fZ:llihei> to! Serafina a; T!buron 1 ell1 r:::,cos 9 00 00 AM Dllte APIJrol'cd B~ Pamela Libby Public Utilities WalorOp\.'rlllion\> MlUl.I:lQfU Water (t{21200S 3:24 PM Dille AppnlVcd B)' Pllul Mattau13.ch Pubhc UtilitIes ~.'/atNDirector w..... 912120QS 3:36 PM Datf' AppfOl'ed B~' Steplten L. t~"gy Public Utilities WaKtewaler Collections Manager W<l5tcWalN 916120057:26 AM o.t. AplU.ovcd By Thomas E. Kuch, P.E. Community Developm(!'r)t &. Erwironmentl'll Services COES Engineering SerVtce,s Dir-ector coes EI)gineerillg Se''''Ices 916/2005 9:2:1l AM Date A Jlproved BJ Rcy B. Andl:'rson P,E Public UtWlte$ Public Utlllti~s En~in~ring Di~ctor Public UtiliUel> EngineerIng 917120054:25 PM Dale AI)prO\'cd By G. Georgt> Ylimal. Public UtilltlflS Inwrllll WasteWater Director Wil5119Wat(l! 9/8/20054:20 PM 0... Approved B~ Constance A. Jotlllson Operations Analyst Appro\'ed By Cornmunlty Development &. CommunIty Development & Environmentlll Ser~fr:el; EnvironmenlUl Services Admin 91121200t .1:51 PM Silndra ll.!<! E:tel::utive 5f1crctary CommunIty Dev(!lopm(!,nt & Community D",velopment & EnvlmnmenUll8ervices. EnlllronmlmwJ Services Admin. ol1t" !iIf22!200S 8:52 AM API' roved By Date Joseph K. Schmitt Community CJQv"lopmflnt & Enrlronn'lental Services Community Development & Envircnm~ntai Service. A<lmillStr~tOr Community Development t Environment..1 Services Admin, 9/21/20059:13- AM ""'" A pproved B~' OMB Coordinator County Manager.s Office Admini\Olrative A!isist.ant OfficI:' of Management & Budget 9/28120057:54 AM """ Apllroved B" M.uk ISi'lckson County Manager's Office Budget Analyst Office of Mallar,lernent & Budget 9128120058;33 AN: DElre Apll roved By Michil~l SmykoW\lki County MRnager's 01'flc.t> r,\anagement & ~udgel DIrector On-Ioe of M:tn0lgemN1t 4. Bud get 9128fZO05 3:54 PM Dote Allpnwcd B~' JamfJsV. Mudd ElO<lTd cfCoul1ty Commis$joner~ County ~.lll.na~(/r COUIUy Manal#er'S Offill!! !;l/291200S Q-11 PM Agenda Item No. 16A3 October 11, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Brynwood Preserve 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 Brynwood Preserve has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on January 3, 2002. Final acceptance is in accordance with Ordinance 2004-31 as amended. 3) Staff has recorded all appropriate legal documentation which has been reviewed by the County Attorney's office for legal sufficiency. -- 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), submitted with the Subdivision bond may be reduced by 10% for the utility-related items that have been satisfactorily completed. FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be paid by monthly user fees in County Water/Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County Attorney, Thomas Palmer. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water and sewer facilities for Brynwood Preserve, and release the UPS to the Project Engineer or the ,- Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Services w g (f)Ll)C'? ~ <(0- COOO ...-NN 0"': a> w Z ..- en ~ ,-CO <.:> Ea>Q.. ~ a>.l:l n. ......0 .. ! ~t5 z '" -00 u c: ~ Q) ~ en ~ <( ~ ~ ~ ~' .. 1 It! 8j <') ::J w Cl Cl 0't'0~ NOJ.S9N\'\11 ------- ------- ! ll. ~~ ~~ ~~ ..~ ~ !E ~ Q't,l\l1l31nOa N....OQl . Es ::1~i j lit- 3J.';.1.itj3..l.N1 ~~ ~ ~~~ is! lI:~"" (~t .~I''J) Q't'Ol::l t)Nmnd".ll:fOd~I'r' ~ i ~~i ~ ~::i~ ~ ~~ r fAAN1< BLVO IC.R. 861 N'i1 "w.tIOOdd ~ Z 5 0 ~ UJ- ~ ~ 0: ~!;( '" '-' ~ ~ ~ 000 z 0 it ~ ~ u J .. W '-'0: "'W~ ~g~ ;::u z wQ ~~ ~:;; ,; ~ a.. <( ~ w '-' '" <r 9 .. '" UJ t- - en a....o~ NOJ.S~N,^n (}Yoy NQ.1.$ONlI\l1 lN31'l3SV) "WcH ill --~------ IN)rHSV) l:tdJ ~ --------------~------ lN31'f3SY3 Wd..:I lN31'OSV3 "'OJ ~ [3 ~ :3 ~ '" '" " ~ g 0: .. ~ "- ~ w z ~ f? l1 '" ~ ~ <.:> z '^ ~ ~I lI), ~I Il..: Q o o ~ z >- as 31V;)s OJ. 10N / - z- ~~~ . ~~~ S~~ ~j;l:l Ii? 5j;!~ ~ ~ ~ ... ;;It <(.... ~ ~~~ g ~E~ S~ ~ . ~ I'. ~ (lli'i^:nnOB "'''0, ~~ ~ :::l~ I-Z .s ~ ~~ ~~ 00 ~- - ~~ UJ- ~ ,!;( ~ 00 0:0 ll.....J w ~ Cl ~ m o ...J o Cl H ~~ I ," ~h ~ 5,- I: t3~~ ~~ ~- ~~ ml't'1I31n a >l E~ ~~~ ~ h ~e ~ N ~ a.. <( ~ >l ~ ~ Z ~~ ~ 0 g - ~ . U ~ ~- 0 N i~ ...I 'ji.L"31V.LS~31NI ~ ~e ~~ ~- !'J ~ ~ ~ aVOl:l N01SOMlNl ~I L Os i- ;!; ~ u.. (I) _ ~O w ~- ~ !, ~~ ... l"-! !X: ~ a. 5- I'. z < ~UZ g and 0"'01:1 lU)"l{)C:)OCI 3~ oor Item Number: Item Summary: Meeting Date: Agenda Item No. 16A3 October 11. 2005 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16.A,3 R€"ccrnmer,cal,on to aporove flllal GCt;;E:ptarc~ 01 water and s!:wer uti;;ty ~a,~ilille:; fo' 9r)lnwOOd Preserve 1[)/11f2005 g 0000 AM ""to Appmwd By Pamela Libby PUblic Utllltif!s Water Operatiof'lG Milnager WatN 9f2f2005 3:2" PM Dllte Appro,'cd BJ Paul Matulu5cn Public Utilities Water Djr~clor w."" 912120053:31 PM Date AppnJ\'ed By S~phen L Nagy Public Utilities Wa\>tp.!\Ntltl!t C04lectio"s Manager WasteWahlr 916120ij6 7:2ll AM Date Appro,'ed B)- Tllolllas E. Kuck, P,t;. CommllnllY Dl!'\'eloprttenl &. Envitonml!ntrJl 5er"jce~ cors Engineering Service!> Director CDES (Ilgirll!erillg S4!rVICeS 1l1G!2005tl:31 AM Dat(' Appro\'cd By Roy B. Andersor;, P.E PULlljc UtiHties Public Utihti~s Englnc-ering Dlt'<lctor P\lblic Utilities Engine-"riIl9 9n1200S 4:27 PM ">t, Appro\'Cd B~' G, George YlIm;ll Public U1jHfies Interim WasteWater Dirl!ctor Wast'1Water 918:20054:20 PM Date AI))Jl'O\'cd By C{lI1~tance A. Johllson Operatlonl> Analyst Community OeY~lcpment.& C(lmmunJty Dellf!lopm~n' & Environffitl!ntalServu;es Environmental Service-or; Admin, 9r1 :.U2D05 3 :5B PM ApllrlWed B)-' "m, Sandra lea EX(!-<:lJtlYeS~f(!tary CommunIty Developmtlnt & Community Development & Environmental Service, Environmental Services Admin !:l122120El5 8:55 AM Dot. AflPrlU'cd B)' Joseph 1'1. Schmitt Community DevelopmGnt 8. Environmental Serllices Community D9velopme"t & Erwironme.nl.11 Sorvice!; Admln-r;tralor Community [)evelopmcont 8. Environmental Service, Admin, ~fn:2005 9:14 AfI' """ Approved B~' OM B Coordinator County Man.ag"r', Ofrice Administrative Al1$istrJnt Offu;e of Management 8. Budget 9/28/2'3057:54 AM 0... Approved By Mark Isackson County MlIfli'Iger's Office Budget Analyst Office of Management & Budqet 9fZ8/Z005 8:J8 I\M Date Apllrund By Michael 5mykOWllki County Mil"i.'ger's Otnc::~ Man.gt'!rl1Mlt &. Budget Dlrecro-r Office of Managem(>nt g, Budgel 'il126/Z00S 3:55 PM "". AI)flrovcd BJ James V_ Mudd Bnard of County Commissioner:.; County M.:mager County Manager's Office 9n0120051:4S PM Agenda Item No. 16A4 October 11, 2005 Page 1 of 3 .- EXECUTIVE SUMMARY Recommendation to approve final acceptance of water utility facilities for Sabal Bay Commercial, Phase One OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Sabal Bay Commercial, Phase One has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on March 7, 2003. Final acceptance is in accordance with Ordinance 2004-31 as amended. 3) Staff has recorded all appropriate legal documentation which has been reviewed by the County Attorney's office for legal sufficiency. /"'"- 4) The water facilities have been operated and maintained by the Collier County Water- Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), submitted with the Subdivision bond may be reduced by 10% for the utility-related items that have been satisfactorily completed. FISCAL IMPACT: The cost of operating and maintaining the water facilities will be paid by monthly user fees in County Water/Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County Attorney, Thomas Palmer. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Sabal Bay Commercial, Phase One, and release the UPS to the Project Engineer or the Developer's designated agent. ~ PREPARED BY: Tonia Leavitt, Engineering Services <;t1..C)("') <(0_ '-000 .,....NN 0"": Q) Z""" ....ro EQ)Q.. (!l..o .....0 -;;t5 -00 c (!l OJ <( z o w- I-!;( 000 o ..J JW:;lS OJ. !ON / - ~ ~~ ~ ~ - n u ~~~ p- o . ~ o ~ ~ ~ ~ ~ ~ ~K D ~- ~ ~~ ~ ;;; W ~ ~ a :ll a.. <( ~ UJ f- - en Ul en I 0' ~I oC(l al! ~l !] a.. <( ~ z o - ~ U o ..J Agenda Item No. 1(lA4 October 11, 2005 Page ::3 013 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: If;~4 Item Summary: R",commendatlo", to a~Drove "illal aC~f:!ptance of W.31SIUlilil;-- fa..:;ilit,es f('lr Sabal Bay C)INr>elciai. Phase One Meeting Date: 10/11/2005 9 CJ~' OC AM Appnwed By Pamela Llblly W~tcr QplHntlons Mallllger Qat, Puchc UtfHtie~ Wllt~r 912120053:24 Pi'l.l Approved B~ r.1ul MnttalJ5ct! WalerOfrt-ctor DJlte Pul>lIc Utilities Water 9f2:2005 3:3() PM Approved B)' Roy B. Anderson. P,E Public Utlllrle3 Enpine-ering Director Dat~ Pubfic Utilities Public Utilities Engine()rmg 9/212:0056:03 PM Approvcd 8J Thomas E. Kuc_, P.E. COES Engineering Se.rvices Dlreoctor D;tle C ommunlly DIIi!....l!Iopmenl & En....troofn1!:nlnl Service\; CDr:S Engineering Services 91612005 P:31 AM Approved B)' Cons-tancu A. Johnson OpenHlons Analyst Dilte Community Development a. Community Oev(!-Iopm~nt S. Envlronment;!1 Services Environmentiill Service!> At.lmin 9112;;ro05 3:53 PM Appro\'cd B~' Snndrll Lea E)I;ef.utlve ~ecretary Date Community ()e.velopm@nt& Commllnlt)' Dlllr'elopmeot& En"'.rollmental Service$. Environmenwl Serl,ljces Al1mill. 9!22/2005ll:5~ AM Approved BJ Joseph K. Schmitt Community Dev(!lopmenl 8; Environmental Service-.s Admlnstrll.tot Dal-e CommtJnlty [w.vell1!HlH'!nt 8- Envtronmenlal Services ComnlUolty O'i'velopmenl & flll/lronment",l Sc-rvice1i AClmitl. IH27/2005 9:1G AM Apflroved BJ OMB Coon:lin..tor Atlministratjve Assistant D". County Manager's Offiot' Office of MlIl1l1gE'menl & Budgf!t 912:lS/20051:S5 AM Approved By Mark Isackson Budget Analyst D,.. COUJ1ty Manager's Office Office of Manllgement & Budge.t 9/2812Q05 8:43 AM Approved 8)' M~chael Smy~oW!iki Management &. Budget Director D... COl..lnty Managl'r's Office Office. of MJlnitgement & Bl..ldget 9130120054:12 PM Appnn'ed By Leo E. ach~. Jr Board of County Commissioners Deput}' Counly Man<lgE'r Darn County Mlln.lgcr's OfficQ 10/4120055:50 PM Agenda Item No. 16A5 October 11, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Santa Rosa at Olde Cypress 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 Santa Rosa at Olde Cypress 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 June 8, 2000. Final acceptance is in accordance with Ordinance 2004-31, as amended. 3) Staff has recorded all appropriate legal documentation, which has been reviewed by the County Attorney's office for legal sufficiency. -" 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), submitted with the Subdivision bond, may be reduced by 10% for the utility-related items that have been satisfactorily completed. FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be paid by monthly user fees in County Water/Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County Attorney, Thomas Palmer. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water and sewer ,..._ facilities for Santa Rosa at Olde Cypress and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Technician - Engineering Services Item Number: Item Summary: Meeting Date: Agend~, Hem No. 16A5 October 11, ~005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A5 R€commendation to approve final accE:lotance of water and sewer utility facilities. for Sante Ros>'lng SC!".Ilees. Dlr~ctor CDES Engineering ServIces 9/12/20054:36 PM Poml'lli\Ubby WaUlr Operations ManagQr "".. Apllroved B)' PUbllc Ur:liltles Water 9f1!ll;ro05 2:16 PM AJlproved B)' Paul MilttaUli(',h Public Utlllties WlIt.erOirector Do" Water SI15(200~ 8:48 PM Do.. Approved B)' St~ph(!n L Nagy Public Utilltie5 Wastewall!lr Colhil!(lUOIlll; Managilr Walloo.Wl'Itl)r 9/2.0/20051:11 PNI Date AlllJroved By G. George YUma:: Public Utilities lnb:trlm WasteWater DirQctor Wast.eWater 9/Z112005 5~OJ PM Dilltl!' ApJ>ro\'ed By Sandra Lea Exp--cutiv& Secretary Community Qffvi!'lopmfwt & CommunIty Development & Enviro"m&ntal SClrviclils Environmental ScrVltH)$ Admin. 9/22120058:.59 AM Appro\'cd By Date Constl'l!)':'o A. Johnson Operations Annlyst CommunIty Development & Community Devofllopment & Environm~nri\l Servlce5 Envlronm<H1MI Services Admin, 9/2.2120D610:J9 AM Roy B. Anderson, P.E. Public utillU('f> Engineering OlrlJ'ctor 0'" Appro\'ed By Public UtiUtlf!S Public Utilities Engineering 9123120053:17 PM Approwd B)' Joseph K, Sehmltt CommunIty D(I!\lelopment & Environmental Services Community Development & Environmontal Service$. Admlnstrator Do" Community Devc-lopment & Environment'.lI Services Admin. 91271W059:ZZAM Adm!nll>tratlvl! Assistant D," API)ro\'ed By OMB Coordinator County Manager'!\. OffICe Offl&e of Manll9ftmen1 & Budg~t &128/Z005 7:56 AM Mark.lsi\ckson BudQllt Analyst Dat(!o AplmlVed By County Manager's O1'fice Office of Management & Budget 9121llZ005 8 :40 AM A))pro\'ed By Michael smyko'Mikl County r.'Ianagar's O1'flCll' Management & Budget Director Do" Office of Man;u;JC!lmctnt & Budget lH28/200S 4:13 PM Deputy County Manager Datl!l Approved By Leo E, Oells, Jr. Bonrd of County Commlsslonen; County ManOlger'lI Offlne 9130/20052:03 PM L() l!) ('f) <(0- c.oOO ......N('f) O""':Q) Z"- Ol s....C'O EQ)Q.. Q).Q .....0 -;;;t5 -00 c: Q) Ol <( '" '" w or ~ 9 o = ~~ " ~ ~ o ~ ;> ~ ~ i ~ >- >- Z ::l o U ~ ~~G1 :- ~ ~ . w w -' 5~ ~~ ~ o N ~ ~~ ~. N<= ~~ ~ .. BW ~~ :: . g" ~ ~ ~ ann "ti.l.Nno:: ~ J"lO~ SOOOM SS)bdJ,.:) ilw ~~ ." !OL'3J.\f.l..S0!l31NI , I I , I 1 1 I Z ~ ~~~ "'~IlJUQ]" :~ 13 (1l:l0) HSll't'l'I H't:>n3d w :!: ~ . a.. , . <t " ~ ~ ~ ~ t ~ LLJ ~ ~ - en Z a '11 u - ~ 5s . ~ ~ ~ ~ \tl1'E.~S"C"~ i'" - LIVINGSTON R.OAO ~U ~.- 31'I::lS OJ. iON / - ~ ~ w" . Ni~ Q~"^31f10a l::I31110:> ~SG 'I;j':) ~ ~ "'l;N ~~ ~ S ~~~ . ~~i gw, O'tft^31f10e N'f'DOl - ~~ j~ .., .~ ~~ ~ ~~ ~~ J- wro.. ~Ol ~:::::l ~ f;! ~ ~. = i~ ;> ; ~ . ~~~ GI i~i L CD i! s ~E ~ 5~ r-- ~__ oij ~ ~ f/) f/) W ff >- u W, 9 o t- < < f/) o 0::1 <, t-' ~I a.. <t ~ z o - ~ U o ~ Agenda Item No. 16A6 October 11, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Naples Lakes, Phases 1, 2, 3, and 7 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 Naples Lakes, Phases 1, 2, 3, and 7, has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on February 15, 2000. Final acceptance is in accordance with Ordinance 2004-31, as amended. 3) Staff has recorded all appropriate legal documentation, which has been reviewed by the County Attorney's office for legal sufficiency. ..- 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), submitted with the Subdivision bond, may be reduced by 10% for the utility-related items that have been satisfactorily completed. FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be paid by monthly user fees in County Water/Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County Attorney, Thomas Palmer. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water and sewer facilities for Naples Lakes, Phases 1, 2, 3, and 7 and release the UPS to the Project Engineer or the Developer's designated agent. ".....-..... PREPARED BY: Tonia Leavitt, Engineering Technician - Engineering Services Item Number: Item Summary: Meeting Date: Agenda Item No 16A6 OcIDber 11, 2005 Page 2 (if 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A6 Recommendation 10 approve linal <:cceotance 01 water and sewer utility facllilies. for Nerle" LgkeS, Phase!'. 1, 2 3 and 7 10/111200590000 AM COES Engineering S('rvlce:~ Director Date Approved By Thomllll E. Kuck, P.E. Community [)e.ve~opmont & EnviroO"Hmtal Se-rvlces COES EngIneering StrvlOll-s 9M2i2005 4:47 PM PomclO'l Libby Water Op..rlltlcns Manill,t('.r Oat> Allllroved By Public Utllltlas Water 9115/20062:17 PM Appnwcd B)' Paul Mattau2H:h Public UtlHtie-s Water Dlrl.lctor o.t> Wat<rr 911512005 SAS PM WUWowlter CoIlecttons Manager Oat> Appro,'ed By Stephen L. Nagy Public Utilities WagtB,Witter ~f20/20051:11 PM ln~rim W<a!.teWater Dir~ctor Oat. AllJlrond B)' G. Georgi!!' Yilmaz: Public UtiUtl~s WasteWal.flr 9,'21/2005 5:02 PM Oat> AI)proved By Sandra l.ea Execut1Y8 s.ecretary Community Developme.nt & Communlly OQvelopmenl & Envlronmt':ntal Sl!!fvices Environmentol SeNicll$ Admin, 912ZIZO06 9:01 AM Allllroved By Date Con stancil A. Jl3tltl!Oon Operations Analyst Cummunlty Daveloplll~nt /i. Community De\lelupment & Environmental Servic-e-~ Emllronmi!!'ntll! S~r\flc(!s Admin. 9f221200510:37 AM Roy B. Anderson, P.E. Public llttllllcs Engineering Dirll'ctor Oat> Approved By PUblic Utilities Public UtUlUo!;. Engineering 9/23/2D053:"18 PM Approved B)' Jos~ph K. Schrni" Community DevclOpMl!nt & Environmental Services Community Df-\Ielopm."t & Environmental $ervicu Admlnstrator D... Community De.velopment &. E.1l'lironm~ntal Serlllceli Admin. 9f27/Z00l!: 11:27 AM Admlnllitratl...e Asslsl/ult D.t> Approved By OMB CoordInator Coun1y Mo.n"!J'l!'r's Oft'ice Office of Manitgement & Budget 9128/2DO$ 1:56 AM Mark: IsacKsol1 Budgm Analyst DatC': Approved B)' County MAnager's omce OH~ce of Mallilg:ement & Budgel 9128/20% 11:54 AM Apllnwcd By MiCh~l SmykoWllkl Coullly M.Il.nilger's Office- Manllgf!onll'!nt & Budge-t Dirl'1'etor Date Offlce of Manag4lmll'nt & Budget 91211f2005 &:01 PM Qate Approved By Leo E. Ochs, Jr. BORreI of COU'1ty Commlslltorum; Deputy COllnty Mtlnager County Manager', ONlce 9!30r2005 Z:07 PM COLt) <(0 COO ...-N 0 0 '-' ~ ~ 0 ~ ~ ~ '" ~ ~ "' '" lN~lS'f'] If"cf.:l ,OLl A......-jO-Hi'J1lI .., ""d'j z o UJ- I-!;( 000 o ...J o Z 1r <( :> Z ~ 0"- Z"'- EO> Ol..D _0 -;1:5 ,,0 c: Ol OJ <( L;6 ~f:> ~~ 8~ ~ ~ Q", ~" <~ Zu [:]~ ~O ~~ "' ~~ 8~ ~ o ~ ~ '" ~ ~ ~ o ~ OONOO S""1VI )llNd HI.. HJ.ros ~NW, n'l'~OJ.10N / - ~ :- ~ W " < Z " 0 :l ~ < ~ I- Z . ~ 0 0 0 < UJ ...., !;( 0 0 0: 0 Il... ...J ~ :!l is! ~~ ~~ ~~ ~ ~~ n ~ ! ! " 0 N 0 ~ < n ~ h 0 ~ . Iii" " a..i ~~ o~ <t ~ !~ 1:: ~i~ :!i lu ~ I ~ I Z LS6'I:fO Ol:f'v'^:lln08l:3I1lQO 0 ~ - ~ ::: ;; ~ ~ ~ ~ ~. ~ U ~~ g" 0 0 " .....J g ;; 1; a.. <t ~ UJ ~ en ~~i ~ It) ....1 IlJ en ~ c.. en ~, <{ ...I en llJi ...I, c..1 ~I l:l Agenda Item No. 16A7 October 11, 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water utility facilities for North Naples Medical Park OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERA TIONS: 1) The Developer of North Naples Medical Park has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on September 25, 1997. Final acceptance is in accordance with Ordinance 2004-31 as amended. 3) Staff has recorded all appropriate legal documentation, which has been reviewed by the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water- Sewer District during the one (1) year warranty period. ,,- 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), submitted with the Subdivision bond may be reduced by 10% for the utility-related items that have been satisfactorily completed. FISCAL IMPACT: The cost of operating and maintaining the water facilities will be paid by monthly user fees in County Water/Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant. Capacity presently exists to serve this project. LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County Attorney, Thomas Palmer. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for North Naples Medical Park, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Technician- Engineering Services ~'........ Agenda !tem No. 1EiA7 October 1 1, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A7 Meeting Dllte: ReCQmlTlendatic:n to S::Jpro\le final accentanc:? of water utility facilities f{lI North Na;:,If.!6 Medical Park 101111200S 9 De 00 At.j ttem Summary: Appro\'cd By Thomat; E, t<uck, P,E. Cl>Mmunlly Developmenl& Environmental Servic~s CDES Engineering $fHviaes DIrector Date COES En!jlingermg Services 9H2/2O'05 4:49 PM ApJ)ro\lcd By Pamela Ubby W<lttllr Oper.::ltions Manager Date Public Utilities. Water 9115120062:17 PM Appr01'ed By Paul Mattililuich W;'lterOlrector D... PubUc Utllltic$ Water 9t1512005 6:46 PM Approved By Sandra llla Ex.cutive S~cretary Ct:lmrnunUy Development & CommunIty Dflv02lopment & Envlronm~ntal Services En...ironm~tal SerVice:!> Admin. Date 9!Z2I20'05 9;03 AM Appmved By COl1sta~c(!: A. Johns()n Operations Analyn C()mmUnlfy DIIV~lopm(lnl & CommunIty Development & Enlllronmental SerllieelO Envjronm~ntal Servicee. Admin. Date 9122!2005 10::15 AM Apl)ro\'cd By Ruy B. Anderson. P.E Public UttHlill!1> Englnftcuinl1 Director D... F>ubUcUtllWes Public Utilities Engineering 912312006 3:19 PM AI.Pro,'cd By JO!:leph K. Schmit! Community [)a.velopment & Environmental Servlf;/J"$ Admlmltrator Date Community tll1lvelopm...nt &. Environmental Services Coltlmunlty [)~vlilIOflment &. Envlronm<:!ntlll Services Admin. 9/21/2005 9:2& AM Approved By OMB CoordInator Adminl.stratlve Assistant -Date Cnunty Manllger'f;. ()ffjea Otfir,~ of MlInllgement & Budget IH281200$1~r:;$ AM Approved By Mark l!liackson But/get Analyst Date County Manayer's Office Office of M.magement &. Budget 91211/2005 $:5& AM Allproved By M!chul $mykoWl>ki Manage~nt &. Budget Director O.to County Mnnager'5 Office OffiCII' of tMnllgement & Budget 9128/2005 6~OZ PM Approvcd B)' leo E. Oclu" Jr [)(Iputy County Mantlgt>r Dam Board of County Cornmissioners County M.loOlIger"s Offi~e 9/30/20052:10 PM I'-LOC"? IX <(0- ~ (,000 ~NC'0 ~ O"":(l) Z::g' E(l)Q.. (l)..D _0 ~ti -00 c (!) Ol <( :v.1~Q 331-':)1 VHQ::JO::> ~ ~ ~ o w ~ ~ ~ . ~ ~ ~ . < z ~ " . ~ ~ 0- 0 <( u ~ ::i ~ W . " ~ . "- t- ~ - . (/)1 ~ ~ LliEnf::J "01\19 )ltN}:l.:l g~g ~ Jr,- i~ ~- ~~ ~~ ~- , 0 . 0 " 0 l E~ ~ ~ . ! ~Vi ,- ~"'.... o.~ ~~... g~~ e <l: II.. ...J <l: U is LIJ :E, <n LIJ ...J 11..' <l:l Z ::J: ~ D:: o Z o N g ~ u ~ ~~ :D1!l3I'll'O 305m :nv:lS 01 ION / - I:- ~ zc ~~~ h ~ ! IN ~ I , ,~ ,. " ,* ~ 5~ ~~ O'f'O~ NO.1SONI^ll (~t -t!'::>) lJ'tO~ 9NI"I1d'" .1l:l0d'tlI't >- f- i1 z :::J . 0 ~ U ~ w w --' z ~ ~~c ll'l ~~B >') 0- <( ~ ~i z o ~ u o -J .....MI,.fl,.....IL (U.S.'1l ~~~ s:1Il~.. ~m ~d I .. n GULF OF MEXICO Agenda Item No. 16A8 October 11, 2005 Page 1 of 3 ,,- EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Palomino Village 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 Palomino Village 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 November 22, 1994. Final acceptance is in accordance with Ordinance 2004-31, as amended. 3) Staff has recorded all appropriate legal documentation, which has been reviewed by the County Attorney's office for legal sufficiency. 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), submitted with the Subdivision bond, may be reduced by 10% for the utility-related items that have been satisfactorily completed. FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be paid by monthly user fees in County Water/Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County Attorney, Thomas Palmer. .- STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water and sewer facilities for Palomino Village and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Technician- Engineering Services Item Number: Item SumfNry: Meeting Date: ..\gen~1.. Item No, WAS OCfober 11, 2005 Page:: 013 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1EiA.8 Recomrnendaticn to appro\liO' final accaptance of water and S~""er utlttl' facilities for Palomino Vi!lage 10/11.1200:3 9 0000 AM COES Enginecrtng St>rvic:es Olrcctt>r Date Approved By 'rho mill> E. ":uck. P,E. Cornmunlty D&vclopmftnt&. Environmental SNvices COES Englnl.!'erlng Service:> 'iH1212005 4:4~ PM PalTICl/a Libby D.", Apllro,'ed By Public Utilities Water Oper3tlons Mana{ler Water 9/151200$ 2:17 PM APllnwd B~' Pa~11 MattilllJs.r,h Public Utllltlc$ WawrDlrp.Gtor Do'" Watcr 11115/20056:4<1. PM Wastewa~r Collectlmlfi Manager Date Appmved By Stephen L. Nagy Public Utilltit>~ WliU.teWl'llar 9120/20051:12 PM Oate AI)Provcd By G. George Yllma:: Public Ulillties Interim WlISleWater Director WasteWller 91Z1l7005 5:02 PM D.'" AI)IIM)\'ed By Sillm1ra Lea Ext'cutive Secrelllry Community Devfllopm"nt,s, Community Oevelopmolnt & Environmental Services Envlronmllrltal Services Admin, 9/22/20059:04 AM AJJllroved By Date Constance A. Jolml!;oll Operations An.alYll't Community Development &. Community DE!\I@loprnent& Environmental $ervlc(>~ Envtronmqn1al Services Admin. iIZ2!200510:JJ AM A,)proved By Public Utilities Engineering Dlreclor D.", Roy B. And(M'Son, P.E. PUbllc Utilities Public Utilities EnQlneerlllg 9/2:3/20053:20 PM D... Altflrovell By Joseph K. Schmln Community Devcl(lpment 8. Environmental Se-rvices Community Development & Envlronmentlll S~rvicl!l$ Adminstrator Community DGveloprmmt & Elwtronmt>nlal Services Admin. 9f2712n05 \1:36 AM D.", Approved By OMS Coordinator County Man8gctr's Orne!! AdmlnilOtrative AUlsLant Of1iC& of '.Aanagement & Budget 9128/W05 8:00 AM Budget Analyst Dllte Approved B)' Mnrklsadson County Mnnager's omce Office of Management & Budget 912&!Z005 t:511 AM D.", AplIMlved B)' Michael $mykowt;kl County MAnager's Office Management & Budgot Djr~ctor Offit::lll of Management & Budget 912'ilf2CJ05 8:08 AM LeoE. Oclls. Jr. Oeputy County Manager D... Altpnlvcll By Board of Count)' CommIssioners County Man"9~(t; Offiee 'iH3012Q05 Z:12 PM co L(') ('? <(0_ COOO ..-N('? 0"":(1) Z..- OJ ,-CO E(1)o... (1).0 .....0 -;:;;tl -00 c: (1) Ol <( ~ ]1'9':1$ OJ 10N / - -.- ~ ::' :'1 ~ ~~ ~~- ~ ~ ~ '" ~~N 'U ~~ ~~ ~ (L <( ~ lLJ t- - en (L <( ~ z o - ~ U o -' Agenda Item No. 16A9 October 11, 2005 Page 1 of 3 ~- EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Southwest Professional Health Park 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 Southwest Professional Health Park has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on September 23, 1997. Final acceptance is in accordance with Ordinance 2004-31, as amended. 3) Staff has recorded all appropriate legal documentation, which has been reviewed by the County Attorney's office for legal sufficiency. ,-' 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), submitted with the Subdivision bond may be reduced by 10% for the utility-related items that have been satisfactorily completed. FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be paid by monthly user fees in County Water/Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County Attorney, Thomas Palmer. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water and sewer facilities for Southwest Professional Health Park and release the UPS to the Project Engineer or the Developer's designated agent. ,,- PREPARED BY: Tonia Leavitt, Engineering Services Department Item Number: Item Summ.ry: Meeting O.te: Aoenda Item No. 16A9 - OclODflr 11, 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16M!" Recommendation to approve fiMI zcceptance of water and sewer utility faC',ilrtie" for Southwest Proh::SSional Health Park 1(1/11/2005 9 00:00 Alli1 D... Approved By lhoma~ E. Kuct::, P.E Communlty Oav~lopment & Envlronm~nlal Setvic~s COES Engineering SIU'Vlces Director CDES Ennineering Services 9112t200fi4:50 PM Pam(Jla Libby Wat~r Operatlons Ma'na[l~r Do.. Apllroved 8" Public UtlUlJes Water 9/15120052:18 PM Apllroved B" Paill Mattal.llOch Public UtlUti~ Walll'rOireclor Date W21lef 911S/2Ql}S 8:43 PM Datf! Approved By Stephen L. Nagy Public Utillti~ WllStewa~rCoIlCQ.tlon$ Manager Wasl/JWlImr illZOl2Q05U2PM Date Apl,roved By G. GaorlJoe Yllnl..!" Public Utilltlf.!s Interl"' Wnst€!Wall!r Dlreclor Wa$teW~ter 9121/20055:01 PM 0",. Approved B~' Sandra LNI Executive. Secroe-tary Community Development & CommunIty Developmant & EnvironmC'ntal SGrvicl!:$ E.nvironmental SVrIIlcr.>s Admin. 9/22120059:05 AM ApllnJved B~' Date COrl'llWfI(lC A. Johnson Opernlions Atlll.lyst Community QQ.velopmenl & Comlllunlty De....elopment & Environmental SU'JiCei EnvlronmO'ntal Slbf\llces Admin, 9/22/200510:29 AM AI1llroved By DlItl!: Roy B. Antlerson, P.E. PUblic UtfUllfls Public UtHltles Engineering Dlroecto:.r Public Ut:Hltle& EIlQlnet.trlng 9!23r.l005 3:20 F1M Date AI.proved B" Joseph K. Schmitt Community Devoelopmei'lt S. Environmental Services Con\munity Dovelopmenl& EnvlronmGntal Services Admrl1stnl;tor Community Development &. Environmental Serv~ces Adm~n. 9f27f200S 9:37 AM D.te Aplll'Oved By OMfJ Coordinator County Manager's Office ^dmlnllltratlv~ Allslstllnt Office of Managf!'ment.& Budget 9128120061l:00 AM M"rk ISO'ICKSon Do.. Appnl\'cd By County MJlnager's Office 8ut10~f Analvst Office of M.anl'l,Iement &. Budget 91281200& {l.:03 AM Al'proved By Mi(,hafll SmyKowskl County Manage!f's OffiCI!' Management" &. Budgot Diree,tor D... Office of Man.ql'!mont,5, Budoet 9129{20058:16AM D... Apllroved By Leo E. Och$. Jr, 8Mrd of County Commissioners Deputy County Manager County Manager's Otfi\;e 9130120052:16 PM (j)L()C") <(0_ (.000 ..-NC") 0""':0) Z"- OJ . ro EaiCl. 0)..0 -0 -;;t5 "DO c 0) OJ <( ~ I " i I' ~ L----I ~ '" ~~ v;w ~u ~5 '" ~ u ~ o u 3'lI':)S OL.lON / - z- ~. ie . .~ ~~ ~~~ ~ai 8"" ~~ ,~ ~ ~~= ~" ~~s 0 ~~ . 05 . h , 0 . ~~~ ~ . ~ 0 !t' 2..... ~ i ~ ~! ~- l\C'C":lJ O'tO~ !)Nnlnd'l~Odttl'9' >- c- Z ::J o U w w --' ~g -. t~t 'son) 11....lU ll'fYlrlV.l tU5_41l ~~'" a.~. - ~~~ ~~d GULF OF MEXICO lL <{ ~ UJ ~ CJ) :':::1 ~ 0... :J: I-i -Ii -< ~. ..J -< Z o ~, ~I 0..., 1-1 en. UJ! :c: :J:! 1-' ::>! 01 CI); L "e lL <{ ~ z o ~ u o .-J Agenda Item No. 16A 10 October 11 , 2005 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for White lake Corporate Park, Phase I 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 White Lake Corporate Park, Phase I, has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on January 21, 2000. Final acceptance is in accordance with Ordinance 2004-31, as amended. 3) Staff has recorded all appropriate legal documentation, which has been reviewed by the County Attorney's office for legal sufficiency. 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), submitted with the Subdivision bond, may be reduced by 10% for the utility-related items that have been satisfactorily completed. FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be paid by monthly user fees in County Water/Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. lEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County Attorney, Thomas Palmer. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water and sewer ,- facilities for White Lake Corporate Park, Phase I, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Technician- Engineering Services Item Number: Item Summ.ary: Meeting Date: Aqem1a Item No 16A10 ., October 11, 2005 Page 2 013 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A10 Recomrnendalicn tu approve fir\ai 'acceptance of water and sewet utltity ta<"ilitieEi for White Luke CC\roorate Park Phalie I 10/11/2005 ~ 0000 N.' Date AI)Provcd B)' Thomas E. KLiCk, P.E Community Dl!'v~\oprnent & Environnl0l'1t01l Sf1rvlcil!'$ COES Engineering ServIces Director COES Englmterlng Services 9/12/2.0054:50 PM D." Apl)roved By Pamela LIbby Public Utllltle6 Wlt~r Opf.lrations Manager Wilter 9J1512005 2:18 PM D... Approved By Paul Mattausch Public UtWtie-5 WlILelrDlrector Water 9/15/20056:42 PM Daffl Ar1pro"cd By Stephen L. Nagy F'ublic UtlUtlel'< WastewaterCollet:.t1ons Manager WasteWater 9/20/2005 1; 12 PM Date APllro\'cd 8y G. Gp-orgfl Ylhl131Z Public Utlilties jnt~rim WD$teWater Director WastflWater 'il121n005 5:01 PM Date Approved By Sandra Lea Elf&ClltiV& Secretllry Conlmunlt)l Development. & Community Development &. Enllironm41<ntal Services Environmental S(lrvlcc!'l. Admin. 9f22'12005 0:07 AM Apllr"Oycd B~' Dat.a Constanct' A. Johnson Operations Analyst Cotnrnunlty Developmant & Carnnlunlty ~velopment & Environmental Scrvict's Er....lronm&nlal Serviceli Admin. 9!221200510:11 AM Allproved By [">to Roy B. Andllrson, P.E. Public Utilities Public UUllti(ts Engin"'ltring Director Public Utllltie,- Engineetlng 9!Z3(20nS 3:22 PM Datt:l Allproved B~' Joseph K. Schmitt Community Oev(!'loF:\ment &. Environmental ServiceS Community Development & EnvlrDnmcmtal Servioes Adminstr21tor Community DevC!lopment 8- Enlljronnumtal Servieu Admin 91271200!i \1:38 AM D;1te Appmvcd BJ' OMB Coordinator County Manager's Offielt' Adminhltrati.....Asslllt.1nl Office of Management & Budget 9l28120QS 8:01 AM D... Approved By Mark Isackson Cuunty Managf!r's Omce Buuget Amllyst OfficlI of ~ltl!'ln.gem~nt & Budget 9(2812006 9:0G AM D." AI}Jlroved By Michael Smykowskl County MlInager's Omce Managemttnl & Budge.t OirBctor Omerr 01 Management &. 8ud(lll!t 9123120058:18 AM Date Apllnlved By .JamflS V. Mudd BOilrd of County CommisSllon~rs County Manager County Manager's Office 912:9/20058:33 PM Agenda Item No. 16A11 October 11, 2005 Page 1 of 3 - EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for White Lake Corporate Park, Phase III 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 White Lake Corporate Park, Phase III 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 July 12, 2001. Final acceptance is in accordance with Ordinance 2004-31, as amended. 3) Staff has recorded all appropriate legal documentation, which has been reviewed by the County Attorney's office for legal sufficiency. -- 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), submitted with the Subdivision bond, may be reduced by 10% for the utility-related items that have been satisfactorily completed. FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be paid by monthly user fees in County 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 White Lake Corporate Park, Phase III, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Technician- Engineering Services Item Number: Item Summary: Meeting Date: A~1em1a Item No. 1GA 11 - October 11, 20D5 Page.2 01 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1M11 Recommendatlc,n to a:;prov.e final acceptancE! 01 water and sewer utility filciiities tor White Lak.1il Corporate Perk Ph<l~e III 10/11/'200590000 AM COES EJlgille~rlt"Jj,l Servif:.(l'& Director Dale AI>>proved B~' Thomal> E. Kur.k, p,r. Communlt.y DevE1'lopmf!-nt & Environment;lll ~ervjl;:l!-s COES Engtn(!~rjng Sl!'rvit:~s af12t20054:51 PM P3mcl~ LIbby Wntar Operations Manager Da~ A)JIIN)\'cd B~" Public UIiHtilltlO Water 9115120052:111 PM Approved By Paul Mattaw.ch Public Utilities WalerDlraelor Dale Water 9115/20058:41 PM Wastewater Con~ctlons Manager DO/Itt! Approved By Steptnm L. Nagy Public UUUtles WllllleWatf!r 9/20120051;12 PM Intl2rl", W<l5teWater Dlrll'dor Datc Approved BJ G. Gc,org<lYllmaz PUblic Utilities WasteWater 9121/20055;01 PM """ Apprln'~d B~,' Constance A. Johnson Operations Analyst Community Dev~lopme.nl. & Community Development & Envlrol1mamUlI Services Environmental $ervlcct. Admin. 9/221200612:41 PM AI)llroved By 0"1$ Sandra L'ill,l E)(~cutl"'Q Se-etetary Community D&velopment./l. Community Developtll~nt& Environmental Services Environmental SP.'rvicl!!5 Admin 9/22.'20054:58 PM Roy e. Anderson, P.E, PUblic UtlliUes Englneerln~ Dirc-ctor D.., Approved B)' Public Utilities Public Utilities Eflllinecring ':1/2.'J11.005 3;14 PM Apl)rn\,td By Joseph K. Schmitt CommunIty ~v(!lopml!'nt & Environmental Services Community Development& Environmental S~r\llcl!Is Adminstt'ator "".. CommunIty ~vell)pment & Environmental Servica!> Admin. 9127120()5 9:42 AM Admlni'llttat!\f9 AlIIslsumt o...tt! A))provcd By OMB Coordinator County Manager's otl'ict! Offlee of Manltgement & Budget 8/28120058:02: AM M,uk lsacl\son Budgat Analyst Date AI)),rollcd By County Manager's OffIee Office 0' Management &. Budgt!t t1l281.20059:10AM APIH'o~>ed By Michael smykOW$kf County Ml'Inlllglllr's Offlce- Management & Bud~t Director D." Office of M:JInagement &. BlIdget 912t12005 8:111 AM Deputy County Malll'lgcr Dall!! Appro\'cd By Leo E. Oells, Jr. Board of County Commlslllonet1i County Manlllgefll Offl<:1l 9/30/20052:18 PM .,- LO -< N .,-0 :s <.(0 "- CON g ..,- 0"- Z..... l1) E..c l1) 0 ~t5 roO "0 C l1) OJ <( ~ ~~ . ~ ~ i ~ r ~ 5~ ~ I~ ~~~ ~ lI:~o- ~5~ Ol:l...."31noe ~, . ~t;J ~ z < _ ~ ;~ ~ z w ~ a.. z 0 0 ~ w w <( I;;;;: '" I- < ~ Ci.i 0 i:: 0 z ~ 0 " w --' ~ w ,u " ~ < ~ l.LJ w f!' e -< '" l(INIft'I'I " ::> .... I: ~ <3 - z :s 0 C/) w 0 . ~ n H 1 a:-~"'" .aZ ;ii !1Y:JS 01 iON I - ~ ~ ~ ~; . ~i r ~ ~ ~~ ~i 0 ~ I- ;;; < Z 0 Q . w -, I;;;;: Z 0 a: 0 [L 0 " --' . .. > " ~ N !' ~ ~:!! ::'~~ ~ ~ N ~ ::' ;;: ~ ~~ ~; ~O ~ ~ ~~~ ::!Q15 1~6.l:fO ~~~ I :! ~ii: ~ ~ ~~~ H~ ~t3 N ~~ ~~ ~ ~ :: ~~ ~ ~ d ~e ~ ~ ~c . ~ Z~ ~ . a ~ " ~~ ~;jo ~r ~ ~~ ~:.: 10 ~~ - ~8 ~~ S~ u~ ~. ~~ ~~ h ~ 0. ~ ~ . u ~g '. ~~ .~ > ~. .. ~~ . .. . z ~ .. ! Ol:l'l'^31n 'iI 't'l:l\"Bl:l..a \llNV$ . ~~ : d~i~ ! ~ .. - .~ ~ a ~ N ~ II) 11.1 en <( :x: ll.. ll::: 0:: <( ll.. !OJ I- <( 0:: o ll.. 0:: o U !OJ ll::: <( ..J 11.1 I- :i: 3: a.. <( ~ z o ~ u o -' Agenda Item No. 16A 12 October 11, 2005 Page 1 of 3 -,- EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Whittenberg Villas 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 Whittenberg Villas 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 July 31, 1997. Final acceptance is in accordance with Ordinance 2004-31, as amended. 3) Staff has recorded all appropriate legal documentation, which has been reviewed by the County Attorney's office for legal sufficiency. -- 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), submitted with the Subdivision bond, may be reduced by 10% for the utility-related items that have been satisfactorily completed. FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be paid by monthly user fees in County Water/Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County Attorney, Thomas Palmer. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water and sewer facilities for Whittenberg Villas and release the UPS to the Project Engineer or the - Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Technician- Engineering Services Item Number: Item Summary: Meeting Oate: AgendCi Itern No. 1EA 12 October 11. 2005 Page 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A12 Recummendatlon 10 approve final acceptanc~ of water and sewer ut!lity facjlities for Whitl~nperg Vlllab. 1U/11f200S 90UOO AM 0... Appro1'ed By Thomas E. Ku(:k, P.E. Cu-mmunlty D&velopment oS Environmental S"'fVICfJ'S CDl;S EIlQlneerlng Services Director CDES Engineertng ServIces tll12/20Q54:~1 PM Polnu;'la Lt bby D'" Approvcd By pubnc Utilities. W<'lter OpElr3tlons ManlJ{ler W.jIwr 9/15/20052:19 PM AllProvd 8)' Paul Matbwu;h Publlc Utilities W"terDlrel':tot Dale Wator 9/15/20056:40 PM 0,.. Approvcd By Stephen l. N-lIQY PUblic Utilities WlJsl1?wat.r Collections Manager WalltfltWaler 9120120051:13 PM Da1c AJlpro,'ed By G. Gl1Iorgl:! YlImaz Public Utilities Inoorim W.!I:sroWiller DIrector Wa.teWi!ller 9/21/20055:00 PM D'" Approvcd By Sandra lea EX&t:UtiVfl S&Cret./lry Community Deve-Iopmen! & Comrnunlty Oltvelo~ment & Envlrolll11Ontal Services En'ljronmental S[ltvico~ Admin. 912ZI~005 9:49 AM AllJ1ro\'ed By D... Constance A. Johnaon Ope-rntions Analyst CommunIty Devolopment & Community Develupment & En\1lronmental S(>rv~ce, EnvironmentAl ServlcC"5 Admin, 9fZ2120011 1 0 ~OB AM Roy B. AndlYSon, P.E. Dn'" ApprO\'ed By Pul.lllc Utlllties Public lItlliti(l-' EnE.flnm.ring Director Public Utllltills Engineerlflg 9{23/2005 3:24 PM AI)Pro\'cd By Joseph K. Schmitt Community [.:l(!velopmMt & Environmental Services Community Developmeflt& Environmental Stlrvioe, Admlnstrator Date Community DevlJ'lopment& Environmental Services Admin 9l27/2005 9:43 AM D... APllnI'\'cd By OMB CoortHnatOt County Manager'6 Omee Administrative Anhstant Otfletl' of Management & Budget 912812:0058;02: AM Apllr'ovcd By D'" Mark luckson CUl.lnty Mnnng.er's Oroce BUdliJl:!t Analyst OffIce of Mllnagenwnt & Budget 9/28{200~9:2&AM Dlltlt AllllrO\'ed B)' Mlch"t'-t SmYl;l,)wskl County MRnagen: Offie'll Mllnagemfmt &. Budgel Director Offlce ofManageme-l1t& Budget 9/29{2005 3:46 AM Date ApllrO\'cd B:y Ja-me'S V. Mudd Board 01 County Commi!isionc-r!. Counti Mtumger County Manager'.. Office ';1130120058:49 AM \/ 1~~ ' & I!Z. O/b't03~ ~ N~~ II \~ :;(8'0 ~ ~ ~lo WN~ ~ ~ ~ "-: ~ (l) ~~ ~ g ~ \ ~~~ gem y ~ ~ E 15 (L ill ITTT\ ... \'U '\f11TI\I\lliWL 1L1~1I1~ ~8 11Tlr: N,~ ~~S1 ~ ~~~ 1,( I i I ~ II \ I I ^ :i a~~ ==~^ '111'~1111~e- ;:= ( ; ~ lJ.lJj]JJJ;)Y = e- r\( i; - - - II III ~. '.~\\I, ilTJl1t1 II 0. I liT T 11 S '----- ~~ ~ ~~ ~ lUlU I/_-J sno~' ^":::~ vim 1111&1-::)' i w ~ P{~~~j=~= 'j'lllllll IIIII\~ ~ -.- ~ 5~~t=~= 1IIII1 II, I I \ I I I iT ';., :., @~- ~ III1I1 tIOI';ilii'IIITIJ~I~--Y: ~1~11 .A \ I ~ :: ~~..--\;;:; J _ ~!i ~t= b 1/ .A ~ ~ ~p y 11111\ \J~ <: ~ ~~ H ~ I ~ I ~ ~ ~f- ~ 'N"''''H'''' -{ ~ ~I--"'I--'< r- u~ ~ ~~ IIITlT I IllllllT-~~ ~' \-\.' ~ tJ ~ I ~~= t= r= ~ = 8"',\:';rl;1 "'\~~/ ~ / / IIIII I-IT ,I pi II .I~ r--~'-- e- e- \-- - ^ 'J -8~O I ~~ Ii=! :-='7 \. ~ ~ t= = HITI ~!~ Tl PrTTliH r7 '. . e- T IIH H lUll III II ./' "" III 1/ Tl v ~ '< T TT -r:'Y v II Iln rr- Fllili71~~ mA\l \ 11111. I-I ITiT T II,~.I ~.,I,.II lio~ I I J WJ ~ ~."" ~ I; ,,,,,~,",:O:I .,", 7 l J7)::;!(;fl"z)f:- ~df>/~ ,.-- - z- - wQ- !='< _ (1)0 o --' I~ ~~ ~5 . 3l't'OS 01 lOH / ____ - ---- <'; N m Cl ...J o C!l ~ ~ ;; ~~ < g ~ (L <( ~ z 0 - !~ 8~ I- ~'" <( ~ ! U ~ 0 <'; ..J ~ ~ ~l-3iVlSl:l3..lM , ~ ~ < c~ ~ n. - ~ ~ ~ 9 QV'OM N01SONl1d1 ~ <~ o. ~e ~ <~ ~a ie ~~::e : ,0 ~ ~~ ~ U"cn Ow >"" ~A. _<I: CJZ ~" :::: ~~ \ (L <( ~ lIJ I- - en ~I ~I 151 CDI ffii il Agenda Item No. 16A 13 October 11, 2005 Page 1 of 23 EXECUTIVE SUMMARY Recommendation to authorize the Chairman to sign a revised ten year U.S. Fish and Wildlife Service Cooperative Grant Agreement for funding habitat restoration on Conservation Collier properties to not exceed $250,000 over a ten-year period. OBJECTIVE: To have the Board of County Commissioners (BCe) authorize the Chairman to sign a revised U.S. Fish and Wildlife Service (USFWS) Cooperative Grant Agreement to provide reimbursable grant funds for habitat restoration on Conservation Collier properties over the next ten years, the total of which is not to exceed $250,000. ,- CONSIDERATION: The Board of County Commissioners authorized the submittal of the grant application to the USFWS on November 16, 2004, Item l6A2 and authorized the Chairman to sign the original agreement on June 14, 2005, Item 16A3. Because the USFWS Contracting and General Services Division made changes to the original agreement after it had been signed, the BCC must now authorize the Chairman to sign the revised agreement in order for the grant to be properly executed. Changes made to the original agreement are as follows: Section I now includes the Bureau of Invasive Plant Management as a Cooperative Agreement Recipient; Section VII now includes a statement that future funding is contingent upon satisfactory performance and availability of funds; Section X names Lewis Boggan as the new USFWS Administrative Officer for the Agreement; Section XII, B. requires the County to submit a final Financial Status Report to USFWS 90 days after the completion of the award; Section XIII is now titled TERMS AND CONDITIONS and states that The Department of Interior regulations governing assistance agreements are applicable to the Agreement; and finally, Section XIV, D. and E. state that the recipient will comply with the Buy American Act and that the recipient is encouraged to adopt and enforce seat belt use policies. FISCAL IMPACT: The revised agreement causes no new fiscal impacts to the County. GROWTH MANAGEMENT IMPACT: The project will continue to support Objective 7.3 of the Conservation and Coastal Management Element, which requires the County to continue to implement programs that conserve and protect endangered and threatened wildlife species. LEGAL CONSIDERATIONS: Approval of this revised Cooperative Grant Agreement conforms to the County's Grant Administration procedures. The revised agreement has been reviewed by the County Attorney's office. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to sign the revised U.S. Fish and Wildlife Service Cooperative Grant Agreement for $250,000. ,- PREPARED BY: Melissa Hennig, Environmental Specialist, Environmental Services Department, CDES Aoenda Item No 16A 13 ~ October 11, 2005 Page 2 01 23 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A13 Item Summary: Recommendation to authorize tf1e Ct,airrnan to sign a revI56d ten y~ar US F,sh anti Wildllie Service Cooperative Grant Agreement for funding habitat "€storatlon 011 Conservation Collier properties 1:'.' not €l:o:ct'ed :t250.000 uver a tefl-year period Meeting Date: 10,111/20058:0000 AM Prepared By Mel\6SJl.Hennig Cornlnunlty D~velopment!l. Environmental Service," Environmental Specllall,t Date En\'irorlmentlll Services 9/2112005 11 :39:25 AM Approved B~' Marlene J. F OQTd Grant. Coordinlltor Date Administrlluve Services Admlnl~trlltlve Service!> Admin 912112005 12:04 PM Approved By &al~dra lea Executive Secret,try Community Development &. Community tMvelopment & Environmental Servicfls Environmental Serif/eelS Admin Dille ilft1120052:06 PM Appro\'ed By Constance A. Johnson Qperiltionll AnalYlt Community Qe.vti'lopm8nt & Communtt)< Oevelopment & Environmental Services Environmental Services Admin Date 912Z1200S 9:33 AM Appro\-'ed By WlIlilUTI D. Lorenz, Jr.. P.E. Elwironrnental SlIrvh:.cs Director D... Community De\<elopm~nt & En\<lronntE-ntal ~rvlce5 EnvlrontnentJll Services 9122/200510:45 AM Appro\-'ed By ,JDSeph K. Schmitt: Community 08v~loprngnt & Environ/nll!ntal l':lorvlcllrs Admllliotrator D... CommunIty Qe\Olllopmenl& Ellvlro"m~ntal S~rvlcfl!l Community D(!lvelopmlllnt & Environment,.l SerVU,p.lO Admin. 9/27120059:48 AM Aj)l)rm'ed By OMB CoordInator Administrative Assistant D... County Mllnager's Office Offinll ot M2Inilgement & Budget 9/28/2005 8:D6 AM Approved By Mark ISiilc.k,\;on BUdget Analy.t 0... County Manager's Ontee Office of Manapement & Budget 9/21120001&:56 AM Apprond By Michael Smvlilowski Management &. Budg~t Dlmetor Date County Manager's Office OffiCI:! ofManilgement & Budget 10/3/200510:52 AM ApJlro't'ed By Leo E, Oells, Jr, Deputy Counly Manager 0... BOllrd of County Commlsslollers COlmt.y ManJlyer'~ Office 10/31200$ 11:02 AM Agenda Item No. 16A 13 October 11, 2005 Page 3 of 23 AGREEMENT NO: 4018l5J02l CHARGE CODE 4l545-112l-04HR lY (FY 05) Amount $10,000.00 DUNS NO: 076997790 F AADS: 12-47625-naples-02l-Collier-34l 04-14-07/01105-06/30/15- To facilitate habitat restoration and improvement primarily for federal trust resources on wetlands-O 1 COOPERATIVE AGREEMENT Between U.S. DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE And COLLIER COUNTY GOVERNMENT And BUREAU OF INVASIVE PLANT MANAGEMENT STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION I. COOPERATIVE AGREEMENT RECIPIENT: Collier County Government Collier County Environmental Services Department 2800 North Horseshoe Drive Naples, FL 34104 Bureau of Invasive Plant Management Department of Environmental Protection 3915 Commonwealth Blvd, MS 710 Tallahassee, Florida 32399-3000 Recipient Class: County Government Catalog of Federal Domestic Assistance Number: 15.631 II. AUTHORITY: This agreement between the U.S. Department of the Interior, Fish and Wildlife Service (hereinafter referred to as the "Service") and Collier County Board of County Commissioners (hereinafter referred to as "Collier County) and the Bureau ofInvasive Plant Management, State of Florida Department of Environmental Protection (BIPM) is Agenda Item No. 16A 13 October 11, 2005 Page 4 of 23 hereby entered into pursuant to the authority contained in Section 1 of the Fish and Wildlife Coordination Act (16 U.S.C. 661) and the Fish and Wildlife Act of 1956 (16 U.S.c. 742a-742j). III. PURPOSE: This Cooperative Agreement is being implemented in order to facilitate habitat restoration and improvement primarily for Federal trust resources on wetlands, floodplains, riparian areas, and uplands. Projects will be undertaken in cooperation between the Service, Collier County and BIPM in the location, planning, and implementation of specific practices on lands purchased through the Conservation Collier Program, in Collier County, Florida. This agreement provides funding from the Service to Collier County for carrying out projects and activities as identified in the Scope of Work (Article V). IV. BACKGROUND: The Service, Collier County and BIPM have responsibilities and goals for conserving natural resources: a) The Service has primary responsibilities related to Federal trust species and their habitats, such as endangered and threatened species, migratory birds, anadromous fish, and wetlands. b) The Conservation Collier Program is a taxpayer-funded initiative to acquire, protect restore and manage environmentally sensitive lands within Collier County for the benefit of present and future generations. Goals of the program include: protection of biological values including unique and endangered native plant communities, wetland and listed species habitat; protection of water quality and resources; enhancement and protection of current conservation lands through function as a buffer, ecological link or habitat corridor; and enhancement of flood protection. Properties will be managed to maintain their ecological values, and provide natural resource based recreation and educational opportunities. c) The BIPM incorporates ecosystem management concepts involving "place-based management" that brings together regionally diverse interests to develop flexible, innovative strategies to address local upland invasive plant management issues in Florida. All three organizations share mutual interest and concern for the protection and conservation of all fish and wildlife resources. The Service has implemented the Partners for Fish and Wildlife (Partners) Program. This Program directs the Service to work cooperatively with state natural resources agencies, counties and municipalities, non-profit organization and others in carrying out the objectives of the Program. Specifically, the Service can provide funding assistance through the Partners Program. For this agreement, funding is subject to appropriation of project funds by Congress, and shall be for the purposes of carrying out habitat Agenda Item No. 16A 13 October 11, 2005 Page 5 of 23 restoration and improvement activities on County lands, with primary benefits directed towards Federal trust resources. V. SCOPE OF WORK.: For the period hereinafter set forth, BIPM will continue assisting managers of public conservation lands with treatment and eradication of invasive exotic plants. For the period hereinafter set forth, Collier County and the Service will furnish the necessary personnel, materials, services, and facilities needed to implementhabitat restoration and improvement activities on Conservation Collier lands in Collier County, Florida as specified below. A. The Service, Collier County and BIPM mutually agree: 1. That each and every provision of this agreement is subject to the laws of the United States and the State of Florida. 2. To cooperate in providing recognition for each party of this agreement. Such recognition may include the display or mention of the names and logos of each agency in publicity of cooperative projects, publications, project documents, and any signs placed on project sites. 3. That each party will assign an official representative to coordinate and carry out the provision of this agreement. 4. That activities covered within this agreement shall not be construed as obligating the Service or Collier County to expend, or as involving the United States, Collier County or BIPM in any contract or other obligation for future payment of money, other than as specifically stated in Article VII of this agreement; or in excess of appropriations authorized by law and administratively allocated for this agreement. 5. That subject to the availability of funds, to commence activities under this agreement in Federal Fiscal Year 2005. 6. That this agreement in no way restricts the Service, Collier County or BIPM from participating with other public and private agencies, organizations, and individuals in similar activities; or from accepting contributions and gifts specifically for the protection, restoration, enhancement, and management of environmental resources. B. Specifically, the Service will: 1. Provide funds (as specified in Article VII) to Collier County to plan and implement specific habitat restoration and enhancement projects on Conservation Collier property mutually approved by the Service, and Collier County. Project funding 3 Agenda Item No. 16A 13 October 11, 2005 Page 6 of 23 criteria and definitions are attached (Attachment A). 2. Assign a Service Project Officer to coordinate all activities under this agreement. 3. Assist, as needed, in the identification and selection of sites and practices to be implemented, according to the project selection criteria provided in Attachment A. 4. Provide other reasonable technical assistance as requested by Collier County. C. Specifically, Collier County will: 1. Plan and implement habitat restoration and improvement projects on Conservation Collier properties. Project proposals will be submitted to Service Project Officer for review and approval (Attachment B - Project data sheet). 2. Schedule and participate in a site visit with the Service before and during the project. Coordinate the projects with the Service Project Officer. 3. Secure qualified contractors and permits to implement the required practices. 4. Monitor activities funded under this agreement and provide site-specific data to the Service. This shall include the maintenance of complete and accurate records of actual and necessary costs of carrying out specific projects under this agreement. Collier County will retain such records for a period of three (3) years during which time these records shall be made available upon request to the Service for review and audit. 5. Provide to the Service Project Officer those reporting and delivery projects specifically identified in Article XII of this agreement. 6. Collier County will maintain the improvements to the wildlife habitat on the property for a minimum of 10 years. D. Specifically, the BIPM will: 1. Provide Collier County information on projects funded through the BIPM including project costs, acres treated, species treated and treatment dates. VI. PERIOD OF PERFORMANCE: The period of performance of this agreement is from July 1, 2005 through June 30, 2015. 4 Agenda Item No. 16A13 October 11, 2005 Page 7 of 23 VII. AWARD AMOUNT: A. TOTAL (NOT-TO-EXCEED) AWARD AMOUNT: $250,000 B. TOTAL AMOUNT FUNDED TO DATE: $ 10,000 C. FUNDING INCREMENTS: The Recipient is advised that the Services' obligation to provide funding for funding increments included in this agreement is contingent upon (i) satisfactory performance and (ii) the availability of funds. Accordingly, no legal liability on the part of the Service exists unless or until funds are made available to the Recipient and notice of such availability is confirmed in writing to the Recipient. VIII. APPROPRIATION DATA: APPROPRIATION: 41545-1121-04HR lY $10,000 (FY05) IX. PAYMENT PROVISIONS: A. Upon acceptance of the terms and conditions of this agreement, the Recipient may submit requests for payment using Standard Form 270, Request for Advance or Reimbursement, no more frequently than monthly. (Standard Form 271 must be used if agreement is for construction.) The Debt Collection Improvement Act of 1996 (P.L. 104-134) requires that all federal payments made by an agency after July 26,1996, must be made by electronic funds transfer unless the recipient certifies that they do not have an account at a financial institution or authorized payment agent. B. The original and two copies of each payment request (SF 270) shall be submitted to the Service Project Officer identified in Article XI.A. of this agreement. Upon approval, the Service Project Officer shall forward the payment request and one copy to the Service Administrative Officer for processing. C. Should the Recipient be unable to complete the provisions of this agreement, all monies provided by the Service which prove to be cancelable obligations or unallowable costs in accordance with OMB Circular A-87 ("Cost Principles for State and Local Govemments")or the approved budget, shall be refunded to the Service. D. This agreement is intended to support a particular project for a specific period of time. Any portion of funds advanced to the Recipient that are not expended at the completion of the period of performance of this agreement shall be returned to the Service, along with any interest earned on that amount. E. All work that is contracted out by Collier County shall be paid by Collier County, according to their contracting procedures. 5 X. ADMINISTRATIVE OFFICER: The Administrative Officer for this agreement is: Lewis Boggan U.S. Fish and Wildlife Service 1875 Century Boulevard, #310 Atlanta, GA 30345 Phone: (404) 679-7231 Fax: (404) 679-4057 E-mail: lewis _ boggan@fws.gov XI. PROJECT OFFICERS: A. U.S. Fish and Wildlife Service Kathy O'Reilly-Doyle Private Lands Biologist Partners for Fish and Wildlife Program - 3860 Tollgate Blvd, Suite 300 Naples, FL 34114 (239)353-8442 ext 232 (239)353-8640 (fax) e-mail: Kathy_O.Reilly-Doyle@fws.gov B. Collier County Environmental Services Department Alexandra J. Sulecki, Coordinator Conservation Collier Program Collier County Environmental Services Department 2800 North Horseshoe Drive Naples, FL 34104 (239)213-2961 (239)213-2960 (fax) e-mail: AlexandraSulecki@Colliergov.net C. Bureau of Invasive Plant Management Greg Jubinsky Bureau of Invasive Plant Management Department of Environmental Protection State of Florida 3915 Commonwealth Blvd, MS 710 Tallahassee, FL 32399-3000 (850)487 -2600 6 Agenda Item No. 16A13 October 11, 2005 Page 8 of 23 Agenda Item No. 16A 13 October 11, 2005 Page 9 of 23 XII. REPORTING/DELIVERY REQUIREMENTS: A. Within 30 days following the completion of an individual habitat restoration or improvement project under this agreement, Collier County's Project Officer will provide the Service Project Officer with an overview summary report, including any recommendations for additional studies or information needed to further support habitat restoration or improvement associated with the subject project. Also, Collier County shall document the before and after project habitat condition by taking print or digital photographs necessary to adequately depict site conditions. A copy of such photographic materials shall be provided to the Service Project Officer. B. Final Financial Status Report: Within 90 days after completion of this award, the Recipient shall submit to the Service Administrative Officer a final Financial Status Report (Standard Form 269 XIII. TERMS AND CONDITIONS: The Department of the Interior regulations governing assistance agreements with state, local. or Indian tribe governments at subparts A-E of 43 CFR Part 12, Administrative and Audit Requirements and Cost Principles for Assistance Programs, (Plus relevant circulars of the Office of Management and Budget as referenced in these regulations), are applicable to this agreement and are incorporated by reference with the same force and effect as if they were given in full text. Upon request, the Service's Division of Contracting and General Services will make the full text of these regulations available. XIV SPECIAL PROVISIONS: A. The liability of the Service will be governed by the Federal Tort Claims Act (28 U.S.c. 2761 et sea.). The extent of the liability of the State will be governed by the laws of the state of Florida. B. Modifications or renewals may be proposed at any time during the period of performance by either party and shall become effective upon approval of both parties. C. This agreement may be terminated upon 30 days notification by either party and by mutual consent of both parties. D. Recipient will comply with sections 2 through 4 of the Act of March 3,1933 (41 U.S.C. 10a-lOc, popularly known as "Buy American Act"). E. Recipients of grants/cooperative agreements and/or sub-awards are encouraged 7 Agenda Item No. 16A 13 October 11 , 2005 Page 10 of 23 to adopt and enforce on-the-job seat belt use and policies and programs for their employees when operating company-owned, rented, or personally-owned vehicles. These measures include, but are not limited to, conducting education, awareness, and other appropriate programs for their employees about the importance of wearing seat belts and the consequences of not wearing them. IN WITNESS WHEREOF, the parties hereto have caused this Grant Cooperative Agreement to be executed as of the date therein written. U.S. DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE BUREAU OF INVASIVE PLANT MGMT. FLORIDA DEPARTMENT OF ENVIRONMENTAL CONSERVATION BY: BY: TITLE: TITLE: DATE: DATE: 8 A TrEST: DWIGHT E. BROCK, Clerk By: Deputy Clerk Approved at to fonn And legal sufficiency: .,-- () n / I (;VY\ \'~~- Tom Palmer Assistant County Attorney BOARD OF COUNTY COMMlSSI01\"ERS, COLLIER COUNTY, FLORIDA By: Fred W. Coyle, Chairman 9 Agenda Item No. 16A 13 October 11, 2005 Page 11 of 23 Agenda Item No. 16A 13 October 11, 2005 Page 12 of 23 ATTACHMENT A PARTNERS FOR FISH AND WILDLIFE U. S. Fish and Wildlife Service PROJECT CRITERIA . Priority emphasis on Federal trust resources: e.g., migratory birds, endangered and threatened species, wetlands, floodplains and riparian areas. . Program emphasizes habitat restoration (i.e., hydrology and vegetation), and to a lesser extent habitat improvement and creation (see attached definitions). . At least 50 percent of the total project cost must be covered with in-kind services and/or non-Service funds. DEFINITIONS HABITAT RESTORATION Rehabilitation of degraded or lost habitat. WETLAND RESTORATION 1. Reestablishment, as nearly as practical, of the original (what probably existed prior to degradation) wetland community, including hydrology and native hydrophytic vegetation, and 2. Establishment of a wetland community, including hydrology and native hydrophytic vegetation, different from what probably existed prior to degradation, but at least partially replacing original habitat functions and values. ASSOCIATED HABITAT RESTORATION 1. Reestablishment, as nearly as practical, of the original (what existed prior to the degradation) ecological community, including native vegetation, and 2. Establishment of an ecological community, including native vegetation, that is different from what probably existed prior to degradation, but at least partially replacing original habitat functions and values. HABIT AT IMPROVEMENT Alteration of existing habitat to increase specific fish and wildlife functions and values. Improvement actions may provide new capabilities, new management options, new structures, revegetation, or other actions to influence one or several functions and values. Improvement differs from restoration in that it does not necessarily seek to reestablish or establish whole ecological communities, and does not necessarily seek to replace original functions and values. 10 Agenda Item No. 16A13 October 11 , 2005 Page 13 of 23 Attachment B PARTNERS FOR FISH AND WILDLIFE PRIVATE LANDS PROJECT DATA SHEET PROJECT NAME: Conservation Collier Land Habitat Restoration Project DATE: September 30, 2004 CONTACT: Melissa Hennig Environmental Specialist Collier County Environmental Services Department 2800 North Horseshoe Drive Naples, FL 34104 Phone: (239) 213-2957 Fax: (239) 213-2960 E-mail: MelissaHennig@colliergov.net LANDOWNER / COOPERATOR(S): Collier County Government 3301 East Tamiami Trail Naples, FL 34112 Phone: (239) 732-2505 Fax: (239) 213-2960 The Conservation Collier Program is a taxpayer-funded initiative that was approved by voters in November 2002. It is a program to acquire, protect, restore and manage environmentally sensitive lands within Collier County. Currently four properties have been acquired through the program and several more properties are being considered for purchase. If received, Partners program funds would be used to restore current as well as future properties. Because the America's Business Park parcel will be the first property to be restored through possible funds from the Partners for Fish and Wildlife Program, it will be the focus of this data sheet. PROJECT LOCATION (State, County, Township, Range, Section, Ecosystem, with map): The Railhead Scrub Preserve property is located east of Old US 41 and south of Railhead Industrial Park in Section 10 Township 48 Range 25 within the northwest corner of Collier County, Florida. The 80.34 - acre site contains primarily xeric oak scrub. Palmetto prairie, pine flatwoods, hardwood conifer mixed, cypress-pine-cabbage palm, intermittent pond and freshwater marsh plant communities also exist on the property. See Maps 1 and 2. Relationship to nearest National Wildlife Refuge, State Management Area, National Forest, Wetland Reserve Program Easement, Other Easement or otherwise protected area: 11 Agenda Item No. 16A 13 October 11, 2005 Page 14 of 23 Collier County Barefoot Beach Preserve is located approximately 2.5 miles southwest of the Railhead Scrub Preserve, while Corkscrew Regional Ecosystem Watershed lands are approximately 3.5 miles northeast of the Railhead Scrub Preserve. Both of these protected areas are separated from the preserve by roads and developed property. Two small private conservation areas belonging to North Collier Industrial Park and Railhead Industrial Park are adjacent to the preserve to the west and north respectively. See Map 1. DESCRIPTION AND PURPOSE OF PROJECT: Funds, if received, will be used to remove invasive exotic vegetation from the Railhead Scrub Preserve property. Although the entire parcel will be treated, it is approximated that at least 10 acres of the preserve are infested with exotic vegetation to a significant degree (80% or more exotic plant density). Invasive exotic plant species observed include melaleuca (Melaleuca quinquenervia), Brazilian pepper (Schinus terebinthifolius), downy rosemyrtle (Rhodomyrtus tomentosa), shoebutton ardisia (Ardesia elliptica), earleaf acacia (Acacia auriculiformis) and guava (Psidium guajava). A contractor will be hired to remove invasive exotic plants from the preserve. The contractor will be responsible for the control of any target trees, shrubs, and seedlings and the application of any herbicides within the designated project location. All aspects of the control of listed FLEPPC Category I and II invasive species within the preserve, including any equipment, labor, supply, and herbicide needs, will be the responsibility of the contractor. The contractor will take precautions to avoid harming any native vegetation or wildlife. The vegetation will be cut at or below grade, treated with an appropriate herbicide per label rates and stacked on site, or, if possible, light equipment will be used to remove the debris once the vegetation has been cut and treated. The use of equipment will depend on site-specific conditions. Future monitoring and re-treatment of the invasive exotic plant population within the preserve will be performed by Collier County Staff or qualified contractors. EXPECTED BENEFITS TO FEDERAL TRUST SPECIES (specify and briefly describe for all endangered, threatened, and candidate species, migratory birds, etc.): Gopher tortoises (gopherus polyphemus) inhabit the Railhead Scrub Preserve property. Ninety- six "active", forty "inactive" and eighteen "abandoned" burrows were located during a July 2003 survey by Collier Environmental Consultants, Inc. Although no eastern indigo snakes (Drymarcher corais) have been directly observed on site, it is highly likely that this federally threatened species is present on the property. Removing exotic vegetation and allowing native vegetation to grow in its place will create more habitat for the gopher tortoise and subsequently more habitat for the eastern indigo snake. 12 Agenda Item No. 16A 13 October 11, 2005 Page 15 of 23 WETLAND RESTORATION Hydrology Acres: Sites N/ A 10 # # Water-Control Structures N/A Revegetation Acres: o # Sites N/A *Hydrology and revegetation acreage may overlap so that sum exceeds total site acreage Briefly Describe Type and Benefits: Invasive exotic vegetation, primarily melaleuca, will be removed from hydric pine flatwoods and cypress-pine-cabbage palm plant communities on site. RIPARIAN RESTORATION . Miles RestoredlProtected: 0 Briefly Describe Type and Benefits: IN-STREAM RESTORATION # of contiguous reaches: 0 Briefly Describe Type and Benefits: UPLAND RESTORATION Acres: 70.34 Briefly Describe Type and Benefits: Invasive exotic vegetation will be removed from pine flatwoods, xeric oak scrub, palmetto prairie and hardwood conifer mixed plant communities on site. HABITA T IMPROVEMENT Acres: 80.34 Briefly Describe Type and Benefits: Invasive exotic vegetation removal from wetland and upland areas will both remove the direct threat to infested habitat communities and remove the indirect threat of a large seed source. Native plants will replace invasive exotic vegetation, thus increasing habitat for native wildlife species. 13 Agenda Item No. 16A13 October 11, 2005 Page 16 of 23 HABIT AT MONITORING, EDUCATION OUTREACH, OTHER Briefly Describe Activity (s) and Estimated Cost per Activity: Once initial invasive exotic plant removal has occurred, the Railhead Scrub Preserve site will be re-treated for exotics annually at a cost of approximately $7,500 per year. Unnecessary trails will be closed off and allowed to re-vegetate with native vegetation. Because of its location, the Railhead Scrub Preserve has no legal public access at this time. Once public access is established, educational signs will be installed along the trail system. All acquired Conservation Collier lands will have an element of public access in their management plans. At minimum, the Environmental Services Department would like to provide trails and educational signs at each property. Some properties may also be equipped with educational kiosks or pavilions. COST ESTIMATES Total Project Cost: $20.000.00 Service Costs: Materials Labor ~ Other (specify) $. Contractor Services $ 10.000.00 Landowner Costs: Materials Labor ~ Other (specify) $. Contractor Services $ 10.000.00 Other Cooperators (with contributions): Materials ~ Labor ~ Other (specify) $. 14 Agenda Item No. 16A 13 October 11, 2005 Page 17 of 23 INDICATE HOW RESTORATION WORK WILL BE PERFORMED (check one or more) Service Personnel X Reimbursement to landowner Outside Contract 15 ~ o.f. ....f.teai.ro Agenda Item No. 16A 13 October 11, 2005 Page 18 of 23 MAPl America"s Business Park Location Map -"- ~1 f~ c: CII ... r I 0.5 1 Miles w+s s Dati Source: Parcels - Collier County Propeltll' Appraiser ereated BlI' CISICD&SIEnvil'lnmental Servius C:ICrants AdminIPao1ners\RSPlocation.mxd C:ICrants Adm InlPao1nerslRSPlocatlon.jpg Date: 1.27.U BONITA BEACH RD LEE COUI'ITY ~ ~. rm ..... COLLIER COUI'ITY , ~~;~ t?J !l0 l2J 'Q, I?' "b:: , IMMOKALEE RD "" Gl Legend - America's Business Park .. America's Business Park - Major Roads In Collier County fW2 other Conservation Land C~r COUl1ty .-------,,,...,~- 16 Agenda Item No. 16A 13 October 11, 2005 Page 19 of 23 MAP 2 America"s Business Park Aerial Map Legend - America's Business Park W+B - Collier County Roads .America's Business Park 250 500 Feet Data Source: Pareals and 2003 aerials. Collier Caunty Pnperty Appraiser Created By: GIS\CDIS\Envi..nmental Services O:\Orants A4min\Partnors\RSPaorla/.mxd G:\Grants Adm in\Parthers\RSPa erialJpg Oato: 9.27.0. c8ffre., Count1J --~....- 17 Agenda Item No. 16A13 October 11, 2005 Page 20 of 23 See la, T48, R25 SIre Parc Sullo Mif. /<en;; &.~ Colli! @ 2004. Collier County Property App",iser. While the Collier County Property Appraiser is oommitted to providing the most aooul'1lle and up.to-date information. no walr. provided for the data herein. its use. or its interpretation. 18 Agenda Item No. 16A 13 October 11, 2005 Page 21 of 23 U.S. Department of the Interior Certifications Regarding Debarment, SU:spen5ion and Other Responsibility Matlers. Dn.Jg~Free Workplace Requirements and Lobbying Persons signing this form should refer to the regulalions fcfercmced below for complete instrvcu01l5: GerMlcstlon RegardU'lg Debarmenl, Suspension, and Other Responsbi/ity Mal1ers . Prjmar~ Covered Transacoons . The prospective primary participant further lI!1rees by llubmlttlll9 this prop>>c;)1 th:lt It wlll includo the cleullic titled, "Certification Regarding Deparment. Suspension, Ineligibility and Yclurnary exclusIon. Lowllr Tier Covered Trans3l;!ion; provided by the department or agflncy entering into this co~'ered transaction, without modificallon. In all low..r tiAr covo,,,d t....n..;octlons and in all EOlicltations for lower tiar covered transactions. See below fOI language t.o be used or U:le lhl~ form ce1Uication and sign. (See AppendiX A of Subpa rt D of 43 CF R Part 12.) Certifk:aticn RegarCing Debarment. Suspefl5.ion, lne!igibinty and VolvI1tary Exclwion . Lower Tier OJvered Transadion5 . (See Appendix 8 of Su:b~rt D of 43 CFR Part 12.) Certification Regarding Drug-Free WOIkplace Requirements . Alternate I. (Grantees Other Than Individuals) and ,I.lIermfe II. {Grantees VIItlo are lroividuals) _ (See Appendijt C of Subpart D of 43 CFR Part 12) Signeture on this form proVIdes frlr compliance with ~riifjc:a.lion requiremento. under 43 CfR Pal'll; 12 afld 18. The certifications shall be treated as a malerial representation of fact upon which relianc:e win be placed when l11e Department of the lateriar determines roaward the CCl'Vered transaction, grant. cooperative agreement or loan. PART A: Certification Regarding Debarment, Suspension, and Olher Responsibility Matters. Primary Covered Transactions CHECK_IF THIS CERTl!=ICATION IS FOR,I, PRIMARY COVERED TRANSACTION AND ISAPPUCABLE. (1) The prospective primary participant cenifies to thl! best of its knowledge and belief. that It and its principals: (a) Are not presently debarred, suspended. proposed for debarment. declared ineligible, or voluntarily excluded by any Federal deplll1menl or as"nOf; (b) H.;.vc nol within a thre....ye3r period precoding thlt: prcpo!Osl beon CO<'1vicfed olor had a Civil judgment renderod againsl tnem for romll1ission of fraud or 6 criminal offense in connection With obtaining, atiem;>1ing to ootabl. Of perfOi'mlng a pubflc (r-ederB~ St~le Of Icx;;o') transocJton or contract under a public treMecton; violation of Federal or Stale llnlilrUsl statutes or commission of embezzlement, theft, forgery, bribery, falsification or oestruction of records, making false ~taternenlZ, or receiving ~Iolon properl)'; (c) Arf!% 0,,1 p""-'cntly inodicfcd foror ot,crwise criminally or clv'.)' ctlllrged by It l;lo"ernmenlal"nl!ty (federnl. SLat", or loc:.i!ll) with commission of ani' of the offenses enumerated ir. paragraph (1 )(b) of this certificalion; and [d) Have not with.n a three-year peried preceding this applicationl~roposal had coe or more public transaciicos (Fe:leral, Stalo or local) IormlnOllod for caUSa Or default. (2) Where the prosooctive prlmi1lry Piuticipant i~ unable tD csnlfy to any of the statements in lhl~ certifICation. such prospee1Jve paniclpant shall attach an explanation to this proposal. PART B: Certification Regarding Deba,ment, Suspension, Ineligibility and Voluntary Exclusion. Lower Tier Covered Transactions f;FIECK-!" THIS CER71FICA nON IS FOR A LOlo'VE.~ TIER COVERED TRANSACTION ANa IS A/"'PI..fCA&E. <I) The prospective lower tier participant certffie&, by submission of this p";po:>al, that neither It nor It5 pfim:ipals Is pre:;ellUy debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this lI'lInsa:::llon by arty FuCleral aepartment or agency. (2) Where Ule prospective lower tier partlelFam is unable 10 certify 10 any of the staterrntnts in this certll\cauon, such prospective participant shall attach an explanation to this proposar. T~.I\:lm>.... _Y~byEJ", F_ _.Inc. 19 01.2010 Jungt* IThj.lom~ o.'9li3.OI.'~. OI~1~ CI~tOSfi ~DMOS} Agenda Item No. 16A 13 October 11,2005 Page 22 of 23 , . 1 PARt C'< CDrtiNIlI!.th... JbilQIFdi.., 01'1-\"'''-'''' ,,~ R8q1JillllTlIIIfI5. 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I Co 11,,;;:r ';::Ol.mity EO\:l.rd cf C::r.m ty C,Q1lUl;iSr::li..,,1tI~t:'a T')"p;"JJ t~"Mf, .....m'1Tru:; DA,1t:" ~ ^~,' '"r-~W f~jr:t,I~'S'" ,,<<<,',"' 16~~~~~:::-- ~lMl~C:li!lZ~r A~t'1l1:if J.1T.IIf JD1IfI.-.- l'~-:1i "'JII"W"~ l~!tt-~~'_"'~~' [,,;..~~""a,FCiv.-~ 21 Agenda Item No. 16A 14 October 11 , 2005 Page 1 of 3 ,- EXECUTIVE SUMMARY Recommendation to approve final acceptance of water and sewer utility facilities for Olde Cypress, Unit Two 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 Olde Cypress, Unit Two, 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 June 23, 2000. Final acceptance is in accordance with Ordinance 2004-31, as amended. 3) Staff has recorded all appropriate legal documentation, which has been reviewed by the County Attorney's office for legal sufficiency. - -. 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during the one (1) year warranty period. 5) A final inspection to examine for any defects in materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Security (UPS), submitted with the Subdivision bond, may be reduced by 10% for the utility-related items that have been satisfactorily completed. FISCAL IMPACT: The cost of operating and maintaining the water/sewer facilities will be paid by monthly user fees in County Water/Sewer Fund (408). GROWTH MANAGEMENT IMPACT: This project has been connected to the County Regional Water Treatment Plant and North/South Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. LEGAL CONSIDERATIONS: Legal documents were reviewed and approved by Assistant County Attorney, Thomas Palmer. STAFF RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water and sewer - facilities for Olde Cypress, Unit Two, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Tonia Leavitt, Engineering Technician - Engineering Services Item Number: Item Summary: Meeting Date: Agenda Item No. 16A14 October 11. 2005 r>age 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A14 Recommendation tv apflrOVd final accer\'an(.;~ of water and so:wer Jlilily facilities for Qlde Cypress Unit TW(l 1Q/11CC05 900 00 AM COES En9lneElflng S.rvicl!s Director Dalll Approved 8)' TtIUmnli E. t(uck. P.E. Community Devetopmltnt & F.nvironnlentill Services COES Eng:~"ee-riflg Services 11/12120.054:47 PM Water Operations Manager Date Approved By Paf1l(llaLlbby Public Utllltle~ Water 9/15/20052:17 PM Watt.!rDirf!etQf Dal.e A )lprm!cd By Palll Mattilusch Public Utillti(!f. Wat(!r 9/15/20056:.41 PM Wilsh~w..UrColJecUons Manager Date Allprovcd By Stephen L. Nagy Public Utilities WasleW<1tBr 9iZ0f2Q051:11 PM In~rim WasteWater Dir€tt.tor "",. Approved By G. Glllorgc Yllmaz. Pulllie Utilities WasteWatiJr 9{t1120Cl5 5:02 PM "",. Approved BJ' Sandre l.ea Ex~cuUl'e Secretary 9f221Z005 9:00 AM Community D6.velopment & COMmunity Develtlpment & Environmental Services Environmental Services Admfn. Approved By Date Constantie A. Johnson Oper.o.tio'1s Allalyst Community Development & Community Oevelopment& Environmental Servic(t'j EnvironmClfltAI SC!fVlces Admin. 91221200510:J'J AM Roy B. Antlerson, P.E. Public Utllltiu En[lineerln!l Dlr(>ll(or D... AI)pmved B~' Pulllic Utilities publlt: lHlhtles Engineering BIZ31200S 3;1.11 PM 0'" Appro\'cd B~' Joseph K. Schmln Community Oevnlopment & En'lIroMlw::mtal Services Community [}ellelopmelll & Envlronmehtlll Servloes Admlnstrator CommunIty Development & Erwlronmental Servict!;; Admin. 9/2712005 'tUG AM Admlnlstrlrti-n ~11!3i~tanl D". Aplln)\,ed B,. OMB Coordinator County MlJn.ger'~ OtTioe Office of Manl'lgement & Burlgel 91231200& 7:57 AM Mark Isacllson Budget Analyst D.IIt~ Aplln)ved By County M.!lflllger's Office 0".(;1: of Managf!ment & Budget 91211/2005 8:52 AM Approved By Michaet Sm)'kOw.lti County MIln~oer's Offit:fl' Management &. 8udgot Dire(',lor 0... Office of Management 8. Budget 912812111}56:00 PM Dleputy County Mllnager Date Apl)ro\'ed By Leo E. Dehs. Jr, Board of County Commhll.ioners County Manager', OfflC.fl 9/30120052:05 PM "<tLDM ...-0...... -<00 ~~M ...-(1) ci...- en Zl-ro (1)0.. E..o (1).8 ==C) roO "0 c (1) en -< Z wQ I-~ wC) o ..J Vl ~tJ ,,~ ~~ '" - - N N ~ ~ ; )f\I..o SN33tf.) 3~"'1'l:l3l-\ ~ o [? w.... ~C11 ~;:) 3"';JoS OJ. !ON / ____ - ~... ~ . . 0 ~~ ;! ~ ~I ! ~ ~! N II I-Z C)o ~I w- -,~ OC) g:g ~ ~ ~ o ~ - ~. ffi' fl ~ ~~ N~~ ~ ~ ~. . .~ ::: u ~ ~ d ~ a . O!:l~^3'n09 l:l3l1100 ~ :;; ~N ~. ~~ ffi; fl 0 e >- f- Z L~ ::J 0 ~~ u w w -' a~g .. ~~~ ~~~ ~ i5'~ fl5; ~ ~ ~ ~ ~~ ~ :!' ~ ~ ~ ~~ ~ ~ ~~ , li: IW ~~ ~. ~ ~ ~~ .~ ~ 515 ~: ~ ~ N01DNUNtlH 8 ". ~~ en" "r.IU.Nt1O::J " j1():) S(}()CIMSSlHdol.:> ~~ ~" Ol:l\l'^31n08 N....901 .~ a~ ~ ~s . N.~ n 0 ~ ~ g ~~ .K J~ ~- ~~ lIJ J~ ..lo 31'ilSl:l31N1 ~ ~~ ~ i2.... ~" g OYOl::l NOl. i!I~ ~i ~ ~. t' H-31V.1S'tl3.1NI ~o...... !.!~a: 0> .::l~e- :!' .- ~e ~I! .~ ~~ ~~ ~~ ~ a.. <( ~ I.LJ I- - en o ~ l- I- ?i II) II) llJ ~ D.. >- U llJ Q ...J 01 a.. <( ~ z o ~ u o .....J Agenda Item No. 16A 15 October 11 , 2005 Page 1 of 4 .- EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Twin Eagles, Phase Two", 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 "Twin Eagles, Phase Two", a subdivision of lands located in Section 20, 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 "Twin Eagles, Phase Two". 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 "Twin Eagles, Phase Two" be approved for recording. FISCAL IMPACT: The project cost is $2,572,167.67 (estimated) to be borne by the developer. The cost breakdown is as follows: a) b) Water & Sewer Drainage, Paving, Grading - $ 635,489.00 - $1,936,678.67 The Security amount, equal to 110% of the project cost, is $2,829,384.44 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: $62,500.36 Agenda Item No. 16A 15 October 11, 2005 Fees are based on a construction estimate of $1 ,936,678.67 (does not in<f100te2 of 4 Orange Tree Utilities) and were paid in November, 2004. The breakdown is as follows: a) Plat Review Fee ($1,000.00 + $5.!ac) -$ 4,400.00 b) Construction Drawing Review Fee Water & Sewer (.75% const. est.) - $ -D- c) Drainage, Paving, Grading (.75% const. est.) - $14,525.09 d) Construction Inspection Fee Water & Sewer (2.25% const. est.) - $ -D- e) Drainage, Paving, Grading(2.25%const.est.) - $43,575.27 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. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents. RECOMMENDATION: That the Board of County Commissioners approve the Final Plat of "Twin Eagles, Phase Two" for recording with the following stipulations: 1. Approve the amount of $2,829,384.44 as performance security for the required improvements; or such lesser amount based on work completed, and as is approved by the Engineering Services Department. 2. Approve the standard form Construction and Maintenance Agreement, and a. That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. b. That the plat not be recorded until suitable security and an appropriate Construction and Maintenance Agreement is approved and accepted by the Engineering Services Department Director and the County Attorney's office. ~_.. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department Agenda Item No, 1(iA 15 Oclober 11, 2005 F'age :, of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16A15 Meeting Date: Recommendation to approv!:! for recordmg the lmal fllal of Twin Eag:e-~, Phase- Two approval o~ trle o;;tilH'If.iard form Cor.!>tructian and Maintenance Agreement and appro....al o~ Ihe, amtoUIl( of the oertonn"mce security 10/11120059::)000 AM "em Summary: Prepared By John Houldswvrth Senior Engineer Dale Community De"'litlopl11(mt & EnvlronmilnUJ Servlc(!$ Engineering SEtr....lces 912.1I200S 3:38:19 PM Aplmwed By Thomas E. Kucll, P.E COES Engin"Huin~ Services Director D... C ommunity ~velopment & Environmental 8l1\rvice~ CDES Engfhfi!(lring ServIC~$ 9/22.f2005 8:34 AM Approved By Constance A. Johm.on Op&mtion6 Analyst CommunIty Dev(jlopm~nl &. Community O,"velopment & Environmental Services Environment;J1 lServIM;l1; Admin Date 912212005'd:1(lAM Alll)r(J\'cdB" Sandra Lea ~.l(~cutlv~ S.,(,Nltary Community DliIvsJapment & Comnmnlly D,,"'elupme-nt &. Environmental Ser>iiee' Envlronmenttll Services AdmHl. Date 9122/200510:02 AM AIII)n)\'cd By JO$lOph K. Schmitt CDmmunity Development& Environmental ServlCi6s Admin6trl'ltur D:tte Community Developnllmt & Environmentill3ervle<>s Community Dev~loptllent 8- Environmental Ser",ices Admin. 9/27120052:30 AM AI)llro",~d By OMS COOf'dlll&lOt Administrative As:>jstant Date County Mt:tn1l9N'S Office 01ficrl of r"'''llllgernfilnt & Bul'lgf!t PI2f11200611:(J8 AM ApJlroved By M<1rklSOMkson Butlget Analyst D... CQunty Manager's Office Office of Managf!rnent & Budget !H26IZ00~ 9:41 AM AI)proved By Mlchut $mytloWliki Manllgtrnnmt &. Budgf!ot Dir"ctor Dale. County Mllnagflr's Office Ofnee of Manl'tgl.?lTmnl & Butlyet 9f.l8/2005 4;'9 PM Allllroved By James V. Mudd BOllrd ofCounty Commis.sioroeril; County Manager Date: COlJnty M-Imagtlr's Office. 9/30/20058:31 AM I I I , I I, I J I ~ . . I lDL.D-.;t i " z Z' '"' .Ci=! gl ..- 0 4- ::> i ~ ~ ::> <(00 w I i~ ;j! W HI l33b'1 H!Q I <:.oN-.;t " " 5 1\1 I Ig ..- , ."- 0,) ~ ~II o , oi, I 0"- OJ ",.'1">1 lSH16 "';" I Z.....ro ~I~ i O,)e... lYN~:) <Xl ,.., E.o 'jL, I 0,)0 , ==t5 roO - "0 C \ 0,) I OJ , ----- <( I II ~ '"' . 1;% on , ..J ,~ W ,~ I . g i~ Ii" / I I I I i L- I~ Z-,.., o <Xl ~ ~ ~ ~ 00 wU o ...J - m = ~ g>;:: ~ -Z 00 w- ---!;( Ou a:o lL...J ~ ~:? LLJ W -' m ~a ;~ ~~ ,.., 0 ~ N "'I~ I I ]1":)S 0.: lON / ___ - ~..,. ~ N < ~ , 5 ~ ~ ~~ N~3 ~ " ~ 'Q ~ N ~ 0 ; g~5 ~ ~~ "~ t"') ~ i ~' g a'dV^3ln06 NOSlIM t N~~ ~! ;J~; ~' g tjo " N N~.... i~ I I! 0 1\ ~ ~ N ~" .Si ~~ . .~ ill <, ~ ~ 0 ~ ~ ~ I ~ ~ I ~~ :G :l\ a.. <( L lJ.J ~ CI) ~I ~I 0.. en L\J ....I (.!) <[ L\J Z ~ I- a.. <( L Z o - ~ u o ....J EXECUTIVESU~Y Agenda Item No. 16A16 October 11, 2005 Page 1 of 15 Recommendation to authorize the Chairman to sign the Submerged Land Aquaculture Lease from the State of Florida for two 2-acre plots for aquaculture research with Florida Gulf Coast University. OBJECTIVE: That the Board of County Commissioners authorize the Chairman to sign the Submerged Land Aquaculture Lease from the State of Florida for two 2-acre plots for aquaculture research with Florida Gulf Coast University. CONSIDERATIONS: On March 9, 2004, the Board voiced its support for the aquaculture initiative in Collier County and authorized its Chairman to author a letter to Mark Berrigan, Chief of the Division of Aquaculture, DOACS, requesting the agency's consideration of certain criteria, such as lease size and number, boundaries, preference of applicants, etc. As part of that request, the Board asked that parcels be reserved for research activities for the development of improved techniques and new products compatible to this area and affecting the ultimate success of hard clam aquaculture in this area. - On July 27,2004 the Board of County Commissioners authorized the County Manager or his designee to apply for 2 lease parcels with Florida Gulf Coast University. The annual rental fees for the 2 parcels are waived due to the use of the lease for experimental purposes. The term of the lease is ten years with an option to renew. However, the County can terminate the lease at any time in the future should it desire. The lease provides that the County and PGCU must, within ninety days of execution of the lease, post the lease boundaries in accordance with the lease, and must thereafter maintain the 2 parcels in good condition. In event the Division of Aquaculture has to enforce any provisions of the lease, it may recover reasonable attorney's fees and costs. Florida Gulf Coast University will be applying for grants to conduct research for the benefit of the aquaculture industry. Such research may directly benefit the fledging aquaculture industry in Collier County. FISCAL IMPACT: The immediate costs associated with the lease, including boundary marking and recording fees, should not exceed $700 and have been incorporated into the Environmental Services Department Budget through a previous Budget Amendment. There will be future costs estimated at $500+/- per year to maintain the signs. These costs will incorporated into future budgets during the annual budget process. GROWTH MANAGEMENT IMP ACT: None. LEGAL CONSIDERA nONS: office. The lease has been reviewed by the County Attorney's RECOM:MENDA TION: That the Board of County Commissioners authorize the Chairman to sign the Submerged Land Aquaculture Lease from the State of Florida. - Prepared by: Mac Hatcher, Environmental Specialist, Environmental Services Agend(} Item No. 16A16 October 1" 2005 Page 2 01 15 COLLIER COUNTY BOARD OF COUNTY COMMISBtONERS ttem Number: Item Summ.r)': 10A16 ReQommtlndetlon to luthtHlze the Chlllrman to .Ign the Subtmrged Land Aqua[1~lltur!' Lease from thll Slate of Florid. for two 2~at;te plot" for aquaculture rnl!rarch wtin F"lorida Gulf Coast Unlvil!:lrslly 10/11/2005 P:OO:OO AM MHtin; O.te: Prepared By Cher! Rollins A.dinlnltHrll:tiw AI_latanl 0,.. CommunIty Development & Elwlronmental Borvlcltl Envlronmentlll SGtv;c.., t/2.2t201l611:1:!:46 AM Approved By WUI'-n o. Lor~n:t, Jr., P,E. Conununlty Dwv.topm.nt& Environmental &.rVI0.8' Envlron"",nt&ll Setv;o.. Dlr.ctor OI.. Envtronmental "",Icee 1122/2001 12:2:0 PM Apprond By Cemltane" A. Johnson Opal'lltlon. AnAlylt Community Development & Community OeIvOlopmlllnt & Envlronm.ntal Servlou Enyjronm.nhlll.rvlcu Admin. 0,.. 912:212005 12:24 PM Approved By San lira L.. E..cutlvt &ea,.t.ry Communll)t o.yelopmllnt& Comn'IUrMy o...,.lopment & Envlronm.nUll Service, Envlrollment.lll &.r\llo.. Admin. 0'" 9/2212006 4:19 PM Approved By Jonpll K, Schmitt Community OrlJvltlopmont& E,wlronm.nt.1 a.rvto.$ A<lmlnttrator Community OeveloplTltlnt& EnvlrDnflMntAl Sltf...ICGI Admin_ .... Community Development '" EnvlronnNnU11 kMceos 9127,'20061:31 AM Approved B~' OM! CoonUn'.Qr Admlnhitrltlvli Assistant D... County Mllnllg8r" om" 0"1(1.. 01 M..n4Ijltm.nt & BueI,,11 8126/200. 1:0& AM Approved By Mark hieckson BUdQet: Analyat 0." COLlnly Mlln.g'r'~ ONce Officer of M.n.~.m.nt & Budget 1013(:00& 3:40 PM Approved By MichOllol Smykawalcl Managltmfl'nt & 8udgot Clr.o.tor 0... County MlInllg4'lr', Of he Office o.f MMlltSllmllnl & Budget 101412:00a \l~1Il AM Approved By llo E. OCh6, Jr. SOArd of County CommlssloniOrso Deputy County Mlln.llU.r .... CGunty ManlllQlIr's Otlioo 1014'20059:51 AM Florida Department of Agriculture and Consumer Services Division of Aquaculture SOVEREIGNTY SUBMERGED LAND AQUACULTURE LEASE CHARLES H. BRONSON. Section 253.71. F.S. COMMISSIONER . Agenda Item No. 16A 16 October 11, 2005 Page 3 of 15 This Instrument Prepared by: Wanda J. Prentis FDACS. Division of Aquaculture 1203 Govemor's Square Boulevard Mail Station OS 47 Tallahassee, Florida 32301 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA No. 1l.AO-l041 THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida. hereinafter referred to as the "Lessor." WITNESSETH: That for and the faithful and timely performance of and compliance with all terms and conditions stated herein. the Lessor does hereby lease to Collier County, a Political Subdivision of the State of Florida and Florida Gulf Coast University, hereinafter designated as the "Lessees," the sovereignty lands described as follows; ~ A parcel (No. CC-16) of sovereignty, submerged land lying in Township 53 South; Range 27 East in the Cape Romano Aquaculture Use Area in Gullivan Bay, near Cape Romano, in Collier County, containing 1.999 acres of sovereignty submerged lands. more or less, more particularly described and shown on Attachment A, dated July 12.2005; and ~ A parcel (No. CC-25) of sovereignty, submerged land lying in Township 53 South; Range 28 East in the White Horse Key Aquaculture Use Area in Gullivan Bay, near Goodland, in Collier County, containing 1.999 acres of sovereignty submerged lands, more or less, more particularly described and shown on Attachment A, dated July 12.2005. Said lease contains a total of 3.998 acres of sovereignty submerged lands, more or less. TO HAVE THE USE OF the hereinabove described premises for a period of ten (10) years from , the effective date of this lease. The terms and conditions upon and for which this lease is granted are as follows: I. The Lessees are hereby authorized to undertake experimental aquaculture research activities on the lands described above. 2. The Lessees shall maintain complete and accurate production documents and shall provide same to Lessor upon request. 3. Failure of the Lessees to perfonn the activities described in the lease application submitted to the Department of Agriculture and Consumer Services hereafter ("Department"), or otherwise comply with the lennS of this lease, shall constitute cause for tennination of the lease and forfeiture to the State of all the works. improvements. and animal and plant life in and upon the leased land and water column. 4. This lease may be tenninated upon the Lessees' written request. 5. The Lessees. in accepting this lease. does hereby agree that no claim to title or interest to said lands hereinbefore described shall be made by reason of the occupancy or use thereof and that all title interest to said land hereinbefore described is vested in the Lessor. 6. The Board of Trustees will not approve lease transfers or assignments during the first three years of the lease tenn. However, after three years from the effective date. Lessee, upon written consent from the Lessor, may sublease, assign or otherwise transfer the lease granted to the Lessee. DACS-15103 05/01 Agenda Item No. 16A16 October 11, 2005 Page 4 of 15 7. The Lessees shall neither permit the sovereian lands describad in this lease nor any part thereof to be used or occupied for any purpose or business other than herein specified; nor shall the Lessees knowingly pennit or suffer nuisances or illegal operations of any kind on the sovereign lands described in this lease. 8. The Lessees agree to maintain the sovereign lands described in this lease in good condition in the interest of public health. safety and welfare. The Lessees agree that the sovereign lands described in this lease are subject to inspection by the Lessor or its designated agent at any reasonable time. 9. The Lessees hereby covenant and agree to investigate all claims of every nature at its expense, and to indemnify. defend. hold, and save hannless the Board of Trustees of the Internal Improvement Trust Fund, the State of Florida, and the Department from all claima. actions. lawsuits and demands arising out of this lease or any activity conducted hereunder. The Lessees further agree to be solely responsible for any injury or property damage resulting from any property conditions or activity on the leased area. 10. The Lessees agree that upon expiration or termination of this lease all pennission granted to undertake the activities, as described in paragraph one (1) of this lease, shaIl cease and terminate, and Lessees shall immediately vacate and surrender possession of the premises to Lessor subject to the provisions of'l[22. 11. If requested by the Lessees. this lease shall be renewable for one additional ten (10) year term upon such terms and conditions as are acceptable to the parties hereto. The request for renewal must be in writing and delivered by Lessees to Lessor no later than 45 days before the ex.piration date of the initial term. 12. Neither failure, or successive failures, on the part of the Lessor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein. shaIl operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. 13. The Lessees, by acceptance of this lease, bind themselves, their successors and assigns to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessees. In the event the Lessees fail or refuse to comply with the provisions and conditions herein set fonh, or in the event the Lessees violate any of the provisions and conditions herein, except for the provisions of paragraph 24, this lease may be terminated by the Lessor after notice in writing by certified mail to the Lessees. Upon receipt of such notice, the Lessees shall undertake to correct such noncompliance or violation for which the Lessor has given notice to correct within 30 days of receipt of notice. In the event Lessees fail or refuse to timely correct the violation, the Lessor. at its option. shall be entitled to terminate this lease and, if terminated, all rights of Lessees hereunder shall cease. All costs, including reasonable attorneys' fees, incurred by the Lessor to enforce any provisions of this lease shall be paid by the Lessees. The Lessees, by acceptance of this lease, agree to accept service by certified mail of any notice required by this lease or Chapter 253, Florida Statutes (F. S.), in addition to Chapter 18-14, Florida Administrative code (F. A. C.) al the following address: Attention: Mac Hatcher Collier County Environmental Services Department 2800 North Horseshoe Drive Naples, Florida 34104 The Lessees agree to notify the Lessor by cenified mail of any change in this address at least ten (10) days before the change is effective. 14. The Lessees agree to assume all responsibility for liabilities that accrue to the subject property or to the improvements thereof. including any and all special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this lease. IS. Unless the mooring of a security vessel is specifically approved in writing by Lessor. no security vessel shall be moored on or adjacent to the lease area. Lessees further agree that no vessel required to be registered or titled under Florida law shall be allowed to moor or dock within or adjacent to, or otherwise use the area described within this lease unless such vessel is registered or titled in accordance with Chapters 327 and 328, F. S. Lessees agree that no vessel of any description shall be moored on or adjacent to the leased premises for a period exceeding twenty-four hours, irrespective of whether the vessel is periodically moved, unless authorized by the terms of this lease. 16. The Lessees, at their own expense. shall record this lease and any subsequent approved renewals and/or modifications in the official recoTds of Collier County, within ten (10) days after receipt of a fully executed copy of this lease, and shall provide the Lessor with a copy of the recorded lease indicating the book and page at which the lease is recorded. 17. NOTICE: The undertaking of any unauthorized activities, including the erection or placement of any permanent or temporary structures, shall constitute a violation of Chapter 253, F. 5., and subject the Lessees to administrative fines under Chapter 18-14, F. A. C., and the terms of this lease, Any such violation may result in the imposition of administrative fines. judgment for damages, and/or the tennination of this lease. Page 2 of 13 Pages SSLAL No. ll-AQ-I041 DACS-lSI03 OSIllI Agenda Item No. 16A16 October 11. 2005 Page 5 of 15 18. As a condition to obtaining this lease. the Lessees hereby agree not to discriminate against any individual because of that individual's race, color, religion. sell, national origin, age, handicap, or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used as an adjunct of the area described within this lease. 19. Lessor and Lessees agree that Lessor has venue privilege as to any litigation arising from matters relating to this lease. Therefore. any such litigation between Lessor and Lessees shall be initiated and maintained only in Leon County, Florida. 20. This lease is the entire and only lease between the parties. Its provisions are not severable. Any amendment or modification to this lease must be in writing and must be accepted, acknowledged and executed by the Lessees and Lessor. 2 L This lease shall be deemed to have been executed and entered into in the Slate of Florida. Any dispute arising hereunder shall be governed by the laws of the State of Florida. This lease shall be binding on and shall inure to the benefit of the heirs, executors. administrators and assigns of the parties hereto, but nothing contained in this paragraph shall be construed as a consent by Lessor to any assignment of this Lease or any interest therein by Lessees. 22. Lessees shall remove all works, equipment, structures and improvements from the sovereign lands described in this lease within 60 days following the date of expiration or termination of this lease. 23. The Lessees shall be bound by present and future enactments in Florida law as expressed in Chapter 253, F. S., or elsewhere in Florida Statutes, and by present and future provisions of the Florida Administrative Code promulgated thereunder. 24. Conviction of any Lessee of a violation of Chapter 597, F. S., and/or rule 51-I, F. A. C., or other rules promulgated by the Department, or the Florida FISh and Wildlife Conservation Commission, shall be cause for this lease to be terminated without further notice to Lessees and shall result in the forfeiture to Lessor of the works. improvements, and shellfish in and upon the leased premises. 25. SPECIAL LEASE CONDITIONS a. Pursuant to Section 253.71 (7), F. S.. lease agreements may contain special lease conditions that provide for flexibility in surveying and posting lease boundaries, incorporate conditions necessary to issue permits pursuant to Part IV of Chapter 373, F. S. and Chapter 403, F. 5., and provide for special activities related to aquaculture and resource management. (1) Authorized activities include planting shellfish cultivated from eggs, transplanting and relaying live stocks. placement of cultch material, harvesting clams, the installation and removal of nets, bags, or other devices, and the placement of markers that designate the comers and perimeters of the culture area. (2) All shellfish material, nets, bags or other designated markers that are placed on or in the water shall be clean and free of preservatives including creosote, oils and greases, debris. litter or other pollutants. (3) All materials, other than materials placed in the water or on submerged state lands to establish or enhance oyster or clam habitat, shall be anchored to the bottom. Cultch materials placed on this lease for the purpose of establishing shellfish reefs shall be recognized as suitable material to enhance oyster or clam habitats and must be approved pursuant to this Section. (4) Bags andlor trays used in the culture operation shall be removed from the water during all mechanical cleaning, maintenance and repair operations. Mechanical or hydraulic devices shall not be used below the water for the cleaning of the submerged structures. The Lessees may use hand tools for cleaning shellfish. bags, and other structures under water. b. The Lessees agree that mechanical harvesting is prohibited on the lease site, unless expressly approved in this lease agreement. c. No aquaculture activities will be allowed over bottoms that contain biological resources consisting of submerged seagrass communities, naturally occurring oyster and clam beds, corals, attached sponges or attached macro marine algae beds. d. The Lessee shall, within 90 days from the date of ellecution of this lease, properly post the lease boundaries to delineate the comers and perimeters of the lease. Except for the northwest and northeast comers of Parcel No. CC-16, and the southeast comer of Parcel No. CC-25 where signs are required to be installed, Lessee must install and maintain a buoy or stake at each remaining comer of the lease areas. Markers shall be installed in a consistent manner (i.e.. utilizing all buoys, or all stakes on site), and should be sufficient to warn mariners passing in the vicinity of the lease of the potential hazards to navigation. 1) A comer marker is required to be installed on the northwest and northeast comers of Parcel No. CC-16, and on the southeast comer of Parcel No. CC.25. All three markers shall be a sign (minimum of 2' x 2' in size) fastened to a PVC pole at least four-inches in diameter. The signs must have a white background and include: a. the language ''RESTRlCI'ED USE AREA. HARVESTING PROHIBITED EXCEPT BY LESSEE" in OIlC-inch black letters; b. "diamond symbol" using international orange reflective tape; c. a two-inch border using international orange reflective tape; d. the relative geographic position "NW" for the northwest comer. "NE" for the northeast comer. and USE" for the southeast comer. all in two-inch black letters; and e. DACS Lease No. 11-AQ-1041. in two-inch black letters. The sign shall extend a minimum of three-feet above the mean high water mark. Page 3 of 13 Pages SSLAL No. ll-AQ-I041 DACS-1S103 05101 Agenda Item No. 16A16 October 11, 2005 Page 6 of 15 (2) Buoys must be white with international orange bands of retlective tape with black block characters at least one (1) inch in height and include each comer designation (i.e., NW, NE, SW, and SE) and DACS Lease No. lI-AQ-I041. Each buoy must be maintained upright at a minimum height of 14-inchcs above the mean high water mark. (3) Stakes must contain a field at least 2-112" wide and 10" long. The background shall be white with international orange bands of reflective tape above and below the field. DACS Lease No. 1I-AQ-I041, and each comer designation (Le., NW, NE, SW. and SE) shall be displayed in black block characterS of at least 1" in height. The identifying field on the stake shall elttend a minimum of 18.inches above the mean high water mark. Stakes may be made from carsonite, fiberglass, and/or PVC. e. This lease is limited to the eltClusive use of the bottom only, the overlying water column exceeding sill-inches above the bottom is specifically eltcJuded. f. The Lessees must possess and maintain a valid aquaculture certificate of registration from the Department of Agriculture and Consumer Services pursuant to Chapter 597.004, F. S. The Lessees are authorized to possess, transport. and sell hard clams, of the genus Mercenaria spp. below the minimum size established in Chapter 68B-53. F. A. C., pursuant to Chapter 370.027 (4), F. S. g. The Lessees shall employ "best management practices" to protect endemic shellfish populations from the potential introduction and transfer of diseases. The best management practices shall be employed during all production and transpon phases to provide responsible resource management, and reduce or eliminate the risk of disease introduction or transfer. Best management practices will include but IIOt be limited to the following provisions. (1) The source of brood stock for seed stocks to be cultured shall be from nati ve stocks. Lessees shall provide documentation to the Department stating that seed stocks are from native brood stocks. The Lessees shall obtain such documentation from the hatchery or nursery from which seed stocks are obtained. Hatchery-reared seed stocks may not be obtained from facilities that cannot document the use of native (regional) stocks in their brood stock and genetic programs. (2) The Lessees shall provide documentation that seed stocks are free of diseases that may threaten endemic populations, such documentation should be obtained from the hatchery or nursery from which the seed stocks were obtained. Seed stocks, obtained from hatcheries or nurseries located outside of the State must be certified by a licensed veterinarian as free of diseases that may threaten endemic populations. (3) The documentation required in s. 25, g. (2), of this lease, as well as the source and destination, must accompany each shipment of seed stocks and market size shellfish, and a record of all documents and transactions shall be maintained by the Lessees and submitted to the Department in the annual lease audit. Shellfish seed stocks, for the purpose of this section, shall be defined as shellfish that are less than ten percent of market-size or require a minimum of six months to reach market-size. h. Shellfish aquaculture products from certified aquaculture operations may be possessed, transported and sold when such shellfish are segregated in distinct contaillClll, with each container being appropriately labeled as to source and certificate of registration number. (1) The Lessees shall obtain authorization from the Department to relay market-size shellfish stocks from any lease that is temporarily or permanently closed to direct-to-market sale. The Lessees shall document that the receiving lease is closed for direct-to-market sale of shellfish for at least 30 days when market-size shellfish are obtained from another shellfish lease or somce that is closed for direct-to-market sale at the time of the transaction. Shellfish aquaculture products which are harvested from a lease that is temporarily or permanently closed to direct-te-market sale shall be documented as to date of harvest and transport. The authorization to relay may include requirements for bacteriological analyses. (2) The Lessees shall obtain authorization from the Department to conduct activities associated with transplanting and relaying wild shellfish stocks. j. Shellfish aquaculture products which are harvested from the lease for direct-to-market sales for human consumption shall comply with other applicable provisions of Chapter 597, F. 5., Chapter 5L.l, F. A. C., and any other applicable provisions of law and administrative code. k. This lease shall be used for the specific purpose of shellfish cultivation. Specifications regarding placement, type, and function of appliances and devices used in culture practices and predator eltclusion should be expressly approved by the Division of Aquaculture. The use of shellfish growing racks within the lease area is required to be approved in advance by the Department, and a permit for such activity is required to be obtained from the U. S. Army Corps of Engineers. I. The Lessees shall perform the aquaculture activities in such a manner that will not have an adverse impact on significant resource habitats such as seagrass beds or on endangered species such as manatees and sea turtles. Page 4 of 13 Pages SSLAL No. II-AQ-I041 DACS-1S103 05/01 Original Signature of Witness TypedJPrinted Name of Witness Original Signalllre of Witness TypedJPrinted Name of Witness STATE OF FLORIDA COUNTY OF LEON Agenda Item No. 16A 16 October 11, 2005 Page 7 of 15 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (SEAL) By Mike Gresham. Director, Division of Administration Department of Agriculture and Consumer Services, Designee For the Board of Trustees of the Intema1Improvement Trust Fund "LESSOR" The foregoing instrument was acknowledged before me this day of , 20_. by Mike Gresham, Director, Division of Administration, who is personally known to me and who did not take an oath. DATE: '7 /;J..,/O s ATTEST: DWIGHT E. BROCK. CLERK By: . Deputy Clerk fl~S VU"'~' Assistant Count1 Attornt1 El',n T. C~11 WITNESSES: Page 5 of 13 Pages SSLAL No. 1l.AQ-I041 DACS-15103 05/01 Notary Public (SEAL) Stale of Florida at Large TypedlPrinted Name of Notary Public My Commission Expires: Commission No. Collier County. a Political Subdivision of the State of Florida (SEALl Lessee By FRED W. COYLE. CHAIRMAN "LESSEE" Florida Gulf Coast University Lessee (SEAL) ~ inaJ Signature of Executing Auth TypedlPrinted Name of Executing Authority Title of Executing Authority "LESSEE" Agenda Item No. 16A 16 October 11, 2005 Page 8 of 15 STATE OF COUNTY OF /:3 The fore fore me this 20.JJS: by who is personally known to me or who have produced sIilV(did not) take an oath. N~~ &1 n ;J. Po h.s TypedlPrin~amc of Notary Public State of ft) Pu.~ at Large ."'.......,'..,. /:'};:::~.i~?:\ ;" (~).. /~.:~ /.:; - .~~.;;:;{.~::.)? J \/:.::~~i.~~~S..:/ My Commission Expires: /}.o" . 7~ t24tJ 7 Commission NO:O D 45~ if { S' * 14IIIl~1" SUSAN N fOHS MYCOMMISSIOH. 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'l I l P I - ~. .. :" I ~ I' I ol! m Agenda Item No. 16A 16 October 11, 2005 Page 11 of 15 CAPE ROMANO AQUACULTURE USE AREA PARCEL CC-16 A Parcel Of Land Lying Submerged In Gullivan Bay, Collier County, Florida, Being More Particularly Described As Follows: Commence At A Point Identified As U.S. Coast And Geodetic Survey Monument, Stamped "S 250 1965", As Shown On National Geodetic Survey Data Sheet "AC0675"; Thence South 68052'58" East, 7649.07 Feet To A Point Identified As A Florida Department Of Environmental Protection Benchmark Stamped "T 598 2004", As Shown On National Geodetic Survey Data Sheet "DG8597"; Thence South 22053'55" West, 54392.49 Feet To The Point Of Beginning; Thence South 46005'3 I" East, 499.40 Feet; Thence South 43054'29" West, 174.40 Feet; Thence North 46005'31" West, 499.40 Feet; Thence North 43054'29" East, 174.40 Feet To The Point Of Beginning. The Above Describes An Area Of 1.999 Acres More Or Less Of Submerged Land Lying In Gullivan Bay. Sheet I of2 Page 9 of 13 Pages SSLAL No. 11-AQ-I041 SCALE: 1" .. 200' Agenda Item No. 16A16 CAPE ROMANO AQUACULTURE USE AREA PARCEL CC-16 POINT OF COIoIUENCaIENT U.S. CQ4ST AND GEODf:TIC SURVEY MONUMENT srltMPED "S 250 1965" NATIONN. G~oornc SUIM:Y DATA SHEET; DESIGNATION: S 250 PCRMANENT IDDmFltR: AC0675 COORDINATES LATT1I.IDE: N 25' 59' 40.01"00" LONGt11JDE: W 81' J5' 31.7729J" FLORIDA D~P,fRTMENT OF E1'MRONMENTAL PROTrCI1ON BENCHUARK: 1/2' STEEl ROO WITH NATlONN.. GEOOOIC SURVEY ACCESS COVER ON A 5" PYC PIPE. srltMPED "T 598 200.... NATIONAL GEODf:TIC SURVEY DATA SHW: OESIGNA11ON: T 598 Pf1IMANENT 100000FltR: DG8S97 COORDINATES LAnTUDE: N 25' 59' IJ.OJJI7" LONGITUDE: W 81' 34' 14.....215. POINT OF BEGINNING LATITUDE: N 25' 50' 55. 79954" LONGt11JDf: W 81' J8' 03.7IJ5J' LATITUDE: N 25' 50' 5~.54928', LONGITUDE: W 81' 3J' 05.03075......... < "........ ........ ........ ........ ........ ........ CC-15 ........ ........ ......... ........ ........ ~~ ........ '\ LATTTUDE: N 25' SO' 51.13622' LONGmJDf: W 81' J8' 01.07423' ........ / V LAmuDE: N 25' 50' 52.38646' LONGITUDE: W 81' J7' 59.75701' JAMES S. RICHIoIOND : : "'1,':\ ~.1W ~ .'. : PROFESSIONAL SURVEYOR AND MAPPER; (; r . ;:..v;....I. i 'Or:' : '..' .'. FLo,,,,n. C'...."...'..TE NO LS ~I IS '....,. ... 'r.'... , . . : """" I;.,.."r"", ..,. ',.,'1"'."- ')..:/"'; ": "....~ 0' SOUTHCRN ItIAPPING TECHNOLOGY INC., ~ (P.~ . '. .. /;' .: , " .....'. t:": ("-~~ ". .' .'~" " UNLESS fT 8E:ARS THE SIGNATURE ANO THf~:~'. SiJl::OF.'~ FLORIDA UCmsrD SURVEYOR AND MAPPCR 'THlS ~WlNG; 'SKETCH..(.>LAT. OR MAP IS FOR INFORMATIONAJ. PURPOSES ONLY' WolD Is NPT VAlio. SOUTHERN MAPPING TECHNOLOGY INC. Professional Surveyors And Mappers 4376 Corporate Square, No. 1 Naples. Florida. 34104 Phone No. (239)843-2911 · Fax No. (239)263-9099 SKETCH OF DESCRIPTION NOT A SURVEY SHEET 2 OF 2 Page 10 of 13 Pages SSUL No. ll-AQ-I041 ~~~ Dd1QrtAJD@ "ON'~""""""'MDNIItOe ..... __ UfO ...... W.... 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I f ..~ ItfI, il . ; iil \ i f l & .i' I I i I ;! !I! I I I .. 1 1 I i t .1' I I ! . I Ji J.~I;i i ) f I II, I i I i I i J tllll I r i ~r. I i I f rt<. ~)o. ~ I I ! Ii; I H I I ! i It-J 5J · . ~ j J I J J' ! I e I I ~ ~ ' II! JI Ii I ! t I I -I I I I ~ l I l!j I j mUfl; J 1.1 It! f b ! ~ I HI II r' un,I;- iI ! II H(~ I d 1 B ~ . II pi h-J : ~ I ; I .IJI'~. . I I III :. II I c , ~ G fi !n J~is j !llll q. I i I I . . ! ! I . . I' '~J'IIJJ ' '. I I IiI ~ . . I ~f lJdJh H . !III 1.1; t i i nv . .. .. . Agenda Item No. 16A 16 October 11, 2005 Page 14 of 15 WHITE HORSE KEY AQUACULTURE USE AREA PARCEL CC-25 A Parcel Of Land Lying Submerged In Gullivan Bay, Collier County, Florida, Being More Particularly Described As Follows: Commence At A Point Identified As U.S. Coast And Geodetic Survey Monument, Stamped "s 250 1965", As Shown On National Geodetic Survey Data Sheet "AC0675"; Thence South 68052'58" East, 7649.07 Feet To A Point Identified As A Florida Department Of Environmental Protection Benchmark Stamped "T 598 2004", As Shown On National Geodetic Survey Data Sheet "DG8597"; Thence South 0 I 049' 46" East, 48914.13 Feet; Thence North 89001' 19" East, 600.15 Feet; Thence South 07058'34" East, 1582.59 Feet To The Point Of Beginning; Thence North 89001' 19" East, 499.40 Feet; Thence South 07058'34" East, 175.71 Feet; Thence South 89001' 19" West, 499.40 Feet; Thence North 07058'34" West, 175.71 Feet To The Point Of Beginning. The Above Describes An Area Of 1.999 Acres More Or Less Of Submerged Land Lying In Gullivan Bay. Sheet 1 of 2 Page 12 of 13 Pages SSLAL No. ll-AQ-I041 POINT OF COMMCNCEMtNT U.S. COAST AND GEODEJlC SURVEY MONUlrltNT STAIr/Pro "s 25D 1965. NAnoNAL GroDEJlC SURVEY DATA SHEET; DfSlGNATlON: S 250 PERMANENT IDCNT1FlER: AC0675 COORDINATES LATITUDE: N 25" 59' 40.01400. LONGITUD~ W 81' 35' 32.77293. WHITE HORSE KEY AQUACULTURE USE AREA PARCEL CC-25 Agenda Item No. 16A16 October 11, 2005 Page 15 of 15 ... ~~ - ..- ~o; -'" 0..- V) FLORIDA DfPARTIrIENT OF flMRONMENTAL PROTECTION BfNCHI./ARK: 1/2" srrn ROD WITH NATlON.AJ. GEOomC SURVEY ACCESS COVER ON A 5" PVC PIPE. STAIr/Pro 7 598 2004". NATIONAL GEODEJlC SURVEY DATA SHEET: DESIGNATION: T 598 PERMANENT 10000000fR: 008597 COORDINATES LATITUDE: N 25' 59' IJ.OJJf7" LONGITUDE: W 81' :J4' 14.44215" S~: ," '" ZOO' N 89'01'19" E 600.15' _ _ _ _ _ _ - - LATTTUDE: N 25' 50' SJ.59869" ~ LO:::6 W 81' JJ' 40.5Q;6j9" - - -,Q.J.~ 1 ~ -;;,~.;.~ ~ - - so:Ji - \ ~ 499.40' "r;'r::, CC-25 l'8 \!i AREA - 1.999 ACRf:s ,,,- o z S 89'01'19" W 499.40' ,--------------------l \ I \ \ \ CC-18 N 89'01'19. E \ II 100.75' L_ -- - -- - -PtJ7Nf-c5F-IfE'ciNNING ,_______.LATlTUDE: N 25" SO' SJ.49JIZ" , LONGITUDe: W 81' JJ' 45.97482" \ \ \ CC-17 \ \ \ 100. I '. L____________________~ LATTTUOC: N 25' 50' 51.77067" LONGITUDE: W 81' JJ' 45.69979. LATTTUOC: N 25" SO' 51.87624" LONGITUDE: W ~l:""",""40.~" _-............... 'S.-..ala\'\\~, :: ~<;:.'~". ..... ~1.1.. Ilf - "t.......~. 0",.. ~O ;', .,,' .- ~, -.. .. '" ~ . '\,,", If. rs s. R1CHIrIOND ~ . . N ..",4'i~.J . . , PROffiSlONAL SURVEYOR AND ~PER ".-" . ':." :' ;' FLORIDA CDmFlCATf: NO. LS 4118", ~ o~ Ar~,,,CF : r.- ; SOUTHERN IrIAPPING rrCHNOLOGY',~.. "LfJ 6~7 /".....'.! 1, ...\~jl..t..~. :1L~~...~(.",,' ".: UNLESS rr BEARS THE SIGNATURE i.Np~' . .sw OF A FLORIDA UCENSED SURVEYOR AND WPP.tR~ IS..DR'AWI'f:!DSKETCH, PLAT. OR I.IAP IS FOR INFORMATIONAL PURPOSES . ONLY. AND IS 'NOT VALlD. SKETCH OF DESCRIPTION NOT A SURVEY SOUTHERN MAPPING TECHNOLOGY INC. Professional Surveyors And Mappers 4376 Corporate Square. No. 1 Naples, Florida. 34104 Phone No. (239)643-2911 · Fax No. (239)263-9099 SHEET 2 OF 2 Page 13 ofl3 Pages SSLAL No. 11-AQ-I041 Agenda Item No. 16A 17 October 11, 2005 Page 1 of 5 EXECUTIVE SUMMARY _. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Serafina at Tiburon". The roadway and drainage improvements will be privately maintained OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Serafina at Tiburon" CONSIDERATIONS: 1. On September 23, 2002, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Serafina at Tiburon". 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. 16A 17 October 11, 2005 Page 2 of 5 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Serafina at Tiburon" and release the maintenance security. 1. Authorize the Chairman to execute the attac-hed resolution authorizing final acceptance. 2, Authorize the release of the maintenance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department ,...11...... !'-Lt')Lt') ....0_ <(0 CONC":) .... - ..... 0.... Z...ro E~c.. Q)O ~t) roO "'0 c: Q) C) <( S3>lYl 3lI1Hi'1w, 0 ~ - ~ S ~ I[ z '" Q) w2 ~ ~ C) !::!< ~ 11.10 9 I \ g z:: \ I il III IIIjjj1lJl1-iiQlIIIHI/IlI I ! -:-;'::1e :e ei'Y :'+'i1\': [(,r/,il::: ;\'\;::',:1/:",;-0: 'e,,<;;:: /:,,:,y~ ':"e,: ",'" ~ _;::?!::/:/'/' ",' ~-, "',../",e, Lt.. ".e:", ;,>:;1.,:"::'/'" ~<,>:'l')::,,: ""'" '7X" l ~ "": .:." ~111\1..l..t m T e,r :, ,'" .[ 'J1TT II 111 1111111 ..J.JJ f,."'- ,:', , i,c. '.r':: ~;t~ "e,:,:' '", ""It, ,::I,t,)>, '",..cK I~ ! I 1 III 1 r ~ '" ~ I I I 1: ... I I I I I I I T I I I / / 01 I ~E "TTTT 1}17 ~ - - fH ~ ~ ;c I- '" - - I- ~~ = - - - I- I ,- - -I :: ~- - - .~ - J PWQlJllN I I:- - x I I CIIcIl ,.,.,."..,. - ....." l- I I Ix ~ Ix.. IA il U t:: dlj I t::11i I I IrraJJlLNl'll>>.n>> ICIQQM,~ It ~EILV..-ut !! ~ <( 2: LIJ I- - CJ) I 'C I ~ <( 2: Z o - ~ U o ....J Agenda Item No, 16A17 Oct.ober , f. 2005 Page.4 015 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16A11 Recommel'ld8!iO,' to grant final approval of the roadway (prIYille) end dralnOlge jmpro"ement~ lor tne flOa! plat of &er..fina at Tlburon, The roadway and drainage improvements will be privalely fTlall1tained 10/1 1/20Q5 9:00:00 AM IWm Number: Ibtm Summ.ry: Meeting Om: Pn:pared By John Houldsworth Senior EnglnlNl' D... Community Developmont& Enlllronmental S~rvjcct& Englne.rlng Servlon 9'23120051:32:49 AM Approved 8)' Sendra LA, EllelCutlve 8..cretary Co,nmunlty o.velapment & CommlJnlty O'....lopm.nt & Envlronment/ll 8.rlllee~ Erwlronmtlntal Servlce<< Admin, D... 9123/200511 :28 AM Approved B)' Thomas E. Kuck., P.E. Community [)&velopment 8. EnvlronrMntal Servloes COES Englntl.or1ng Services Olrflctor Oat. COES Engineering Serl/loCls afZJt2005 11:50 AM Approvcd By COnl5U1nllll A, Johnson Optlrlltlonl> AnelYSiI D... Community D&VelopmenlJ. Community o.\llIloprnentJ. En\/Iron."elllal S,f1rvlcu Envlronrttent.al Servin. A.dmln. erUl2005 12:66 PM Apl)roved By Community Dcvolop/1lQlnt a. Environmental Services Admin~tr.tQr JO'eph K, Schmitt Date Community DelJe/o"ment" EnlJlronmontal Sorvlces CtHTllTtl.il\l1y De....lopment & EnvlronmentAI Service.. A.dmln, IH2112lJOS ':32 AM Appro\'ed By OMB Coordinator AdmInistrative Assistant "".. County Manager'5 Ottice O"lee 01 Menagemenl & BudlJot 91281200& 1:1D AM AppnJ\'cd By Mork 1I.801150n BUth~~1 Analyst D... CQunty M.llnager'$ OftIc. OffiCII 01 Managem.nt & Budget 9128/200& 9:45 AM Approved By MlllhMI Smyko~kl Manegement & Budget Dlree-tor D... CQunty Managflr'e. OfftCII Offlna of MllnJlg.ment & Budget 11f2.J2006 4:18 PM Appro"ed By Leo E. OCh5, Jr, Board of County CommlssJonorl Deputy County MlInllg:or D... County MlInager'l omco t/30/2008 2:.47 "M Agenda Item No. 16A17 October 11. 2005 Page 5 of 5 RESOLUTION NO. 05-_ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY AND DRAINAGE IMPROVEMENTS IN SERAFINA AT TIBURON, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IM:PROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PEDCAN MARSH COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of County Commissioners of Collier County, Florida, on September 11, 2001 approved the plat of Serafina at Tiburon 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, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Serafina at Tiburon 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 Pelican Marsh Community Development District. 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 COLDER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: ~O~-' Jennifer A. B edio Assistant CollI r County Attorney Agenda Item No. 16A18 October 11, 2005 Page 1 of 5 /- EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Tiburon Boulevard East Extension". The roadway and drainage improvements will be privately maintained OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Tiburon Boulevard East Extension" CONSIDERATIONS: 1. On October 30, 2001, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Tiburon Boulevard East Extension". 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. 16A18 October 11, 2005 Page 2 of 5 RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Tiburon Boulevard East Extension" 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 .".-~ co L() L() I~ .....0.... <(00 (ONe") -_. ~.. ci~ ~ I Z....ro E~a. WO ::::t5 roO "C c: w :f :/ .--- ~ I ~ :5 I Iii ! 11.- """","",,_iiiiIOIIIII' I I III I I ~ z WQ !::l< GOO 9 ....---J Q. I <( I X I ! ILl I I- - CI) ~ I I \ L_..... L rfi- ~ 7P' C\ ..~ f ' ..',. .,,,\ .i\.... I I J...i,., 'J ,'": ~ 11 II T ~"'" 7 ~ I ...._ Ll ~ .....'i .",,',," ...' ,"'" ~~::= ..," g ~ i\ _ ~,.... ; ....,. III /, t= ! \......-J ..... -~~~ ~,.u JTI,L' ~ ~ (y;:.~t];l\ ill ~Jl'-.L?I \~J:j ) \' ~ x.d ,~/ 13) ~ '- 1 \- ...-<\'\IDnrr II '7T7 I ~; 'Ie\>'" ~ y~ ......Ill."'" I ____ - -.:- K n I I (IIa) -- I t I. I I ;~ ~I t= I Ill! d! j IX 0 110 I I t=ifj I -- ImD AMlNnDO _ l'DI ICIDCW"~ ~ II.'IU.V_ 1I ili I ! I I Q. <( X Z o - !;t u o ..J Agenda Item No. 16A18 October 11. 2005 Page 4 of 5 RESOLUTION NO. 05-_ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADW A Y AND DRAINAGE IMPROVEMENTS IN TIBURON BOULEV ARD EAST EXTENSION, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of County Commissioners of Collier County, Florida, on September 12, 2000 approved the plat of Tiburon Boulevard East Extension for recording; and WHEREAS, the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91-102, as amended); and WHEREAS, the Developer is requesting final acceptance of the roadway and drainage improvements and release of his maintenance security; and WHEREAS, the Engineering Review Department of Community Development Services has inspected the roadway and drainage improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Tiburon Boulevard East Extension, 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 Pelican Marsh Community Development District. This Resolution adopted after motion, second and majority vote favoring same, this _ day of , 2005. DATE: A TIEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: ~Cl~ ~~ Jennifer A. Belpe Assistant Collier County Attorney Item Number: Item Summary: Mooting 0...: Agenda Ilern No. 16A 18 October 11, 2005 Page 5 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 10A18 Rectlmmendlition to gram finelapprovl!t! 01 the roadway (prlVlI1.e) end drelne". Improvement$ tOf the finet plat 0' Tiburol"l Boule....rd Eeit Extension The roadway end drail~.ge ImprCW,n,&ntll will be j.lrlv8t~ly' maintained 10/11120068:00:00/Wi Senior En"ln..r Dot. Prepared B)' John Hould5WOrth COIT"munlty Developmctnt & Envlronm."t1tl s.ervt~" Engineering 8"''''04' 91Z3/2005 10:.t3:10 AM Dele Approvd By Sandra 1..." eucut)v. iecrlltAry COnlmunlfY o.v.lapmtlnt~ Community o.v.laptn.nt" Environmental 8.,,,,1(1.' Envlranm."t.t18ltrvlclt. Admin, "'J2:1/200511:28 AM Approved By COElS Enftn..r1ng BONlco. otroc10r De.. Thorn.. E, Kuak, P.E. CommunIty Development & Environmental Service. COES Enolneorlng SeTvlaa. 'i1/23/200& l' :SQ AM D... AIJproved By Con....nG. A. J~hn.o" Operationll Anajy~t Community Dev,lopment & community De-velopment" En....lronrMnUJ hrvlC8& EnvkrollmentAl SitrvlceI Admin, .121/200118:2S AM Approved By D... JoUph K. Schmitt CommunIty Development & EnvlronmenUl a.rvlc.~ Community OovlI'lopmant & Envlronmon'-l Servlo... Admln.trator ComMunity Development "- EnvlronmoMtIll Servlcoli Admin, .127120059:'3 AM Admlnlslratlve Aulatant Dele Approved By OM! Coordlnati:Jr C,ounty Man.ge", Dmoe OtflC.t of M."~IlJem.nt & Budget 1l12BI20061:1(JAM Donllld L.. Scott D... Approved By Trel'lsportaUon Ser....lc:.. TransportattCKl PlaMlng Oireotor TUlnSpoI'tllitlon Planning 1/:)012;00510:3-9 AM Appnn'cd By Mark IlOlIchon County Manager's 0"'" Budget An.lyvt D... OtflM of MII"a,emillnt & BUdget Q{3(),'10D& 10:41 AM "'.. Approved By Michlol &myllowakl County Manage"', Otrlc. Managomont & Budget Dlro.ctor Ottl08 of Manllluemlitnt... Bud",.t I13D/2006,.:52 PM County Mllnager "'.. Approved By Jame. \/. Mudd BOIIrd of county Com"1lnloniltrli County Man;jlgefll omU. 10111200S 12:31 PM Agenda Item No. 16A19 October 11 , 2005 Page 1 of 17 EXECUTIVE SUMMARY ,- CARNY-2005-AR-8413 Annie Alvarez, Athletic Special Events Supervisor, Collier County Parks and Recreation Department, requesting a permit to conduct the annual Fall Fest Carnival on October 20, 21, 22 and 23, 2005, at the Eagle Lakes Community Park located at 11565 Tamiami Trail East. OBJECTIVE: Annie Alvarez, Special Events Supervisor, Collier County Parks and Recreation Department, requesting that the Board of County Commissioners approve a permit to conduct the annual Fall Festival on October 20, 21,22 and 23,2005, at the Eagle Lakes Community Park located at 11565 Tamiami Trail East. The applicant is also requesting waivers of the occupational license and surety bond. ~ CONSIDERATIONS: Annie Alvarez, Special Events Supervisor, Collier County Parks and Recreation Department, has made application to the Board of County Commissioners for a permit to conduct their annual carnival and has presented sufficient evidence that all the criteria has been met for the issuance of a carnival permit other than the waivers of the occupational license and surety bond. Staff does not take issue with the request for waivers of the occupational license and surety bond, as there have been no previous problems related to clean up of the site after the annual Fall Festival, The required insurance amount of $1,000,000,00 has been purchased and the Board of County Commissioners named as additional insured. 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 and has determined that it meets that criteria, specifically Article II Sections 10-26 through 10-50 of the Collier County Administrative Code. These sections refer to the application process, duties of sponsors and owners, waiver of requirements, and approval of permit; criteria used, FISCAL IMPACT: Approval of this petition would have no fiscal impact on the County. GROWTH MANAGEMENT PLAN IMPACT: There is no Growth Management Plan Impact. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve the permit to conduct the annual Fall Festival and waive the occupational license and surety bond. PREPARED BY: Cecilia K. Martin, Planning Tech Department of Zoning and Land Development Review - 1 AgendClllem No. 1fJA19 OctOber 11, 2005 Pil{lo 2 0117 COLLIER COUNTY SOARD OF COUNTY COMMISSIONERS Item Number: Item Sum miry: 1eA'~ CARNY .200&.AR.8413 AnnJe A.lyarez, Athletic Special Events SuperVlIllQr, Colli61 County ParKli and Reer..tion Departmell'rt. rllqu."tinp II permit to conouct the IlInnual FeU F$$t C.rnjval or October 20, 21. 22 end 2:.;, 2006. at the Eagles LIkes Communlt}' Petk.loea1ed IJIt11Mtj"rOlmlilml Trail Eaat 10/1112005900:00 AM MeetlnSl Datil: Prepa~d By Ceollla MArtin Community Development & E:"ylranmenlAl hrYllIe. Pt,llnnlngToch ""to Zoning" Land OeYCllopmant R",vtGittI 9/211t2001!l 3:1':03 PM Approved By S.ndr. lu Er.CluU.... S.Clretary Cmnmunjty Dovelopm.nt & CommunIty Dev.lapm.nt & Environmental a.rvIQ" EnvlronnMnhlI8.rvic..Admln. 0... II2t1200tl 3:" PM Approved By Jauph K. Schmitt Community Oflv.lopm.nt" Envlron~n1a' S.rllle.. Admln.tr;uor CommunlW DltYlIlapm4tnt & Envlronmentallgerviotlf Admin, D... CommunllY DeYIMoprtHlnt & Envlronmanlal Smrvlo., 813012001 'bee. AM Approved By Suun MUfr.lll, AICP Community Otiv.lopmlHlt & Environmental a.rvlce. Zoning & LoIl"d OevflloprnlWlt Ofroctor Date Zoning & Lend O.YIIIO~mll'nt R.vl~:w 9/a0l20051~:a1 AM Apllroved By OMB Coordlnllor Admlnlltratlv. A..18t8nt D... County M.an,,-g.r" OffI'c. Office of Man.gement.. Budget 1f30/200& 2:56 PM Appnwed By MIGhHI 8mYk~hj Management" BUdgot OfrllCtor 0... &130120054:47 PM County MAnAglltf'l aM" ame. at Mllnlllo-mont & Budge, Approved By Jeme'5 V. Mudd Bo.ta arCounty COmml&lliloner. County Mllna"er 0016 County Man.par', orno. 1(1/1120011 12:03 PM . . Agenda Item No. 16A 19 October 11, 2005 Page 3 of 17 R'reElVEb r- CARNY -05-AR-8413 Collier County Parks and Rec Fall Festival Eagles Lakes Community Park (i) SEP 2.9 2005 ZONING DEPARTMENT CARNIVAL OPERATION PETITION PETITION NO.--1iL 75~ l 3 DATE: q /2(P / OS PETITIONER'S NAME: l~J V~ p..J'.~f):ttJ,..J1on.smtG~~NE: (.201) qll.:J~~ PETITIONER'S ADDRESS: ~CL-D',e(')+- ~()djlur+) tiS DID" PETmONER"S E-MAIL ADDRESS: ~ i/flc. FAX# (71::ll) 933- S61S1- PROPERTY OWNER'S NAME: Cot I i-<<' R::ttKS EPHONE: L3.'i3-()I-IQ.{ PROPERTY OWNER'S ADDRESS:33co S:< t')-ja tlu thara ~. ~5, fc.. 3t.JI/fo OWNERS'S E-MAIL ADDRESS: Qnt) jp(h~ IQrctJ@ CdIl'MfPI # 3'13- Jcr>2.. LEGALDESCRITPIONOFS~JE~TPROP~RTY:~- LaIlBS C'rJmfY1ufJI'tJ _}:b(L) 115 ~S IQr(lloml I'n:u] \6. !\JJ.ploLJ,1 r;1., "$c.f J 1'1 GENERAL LOCATION: o~ ~ J d . CURRENT ZONING: ~O \> NATURE OF PETITION:-CarflIVaJ Qry1\,+ THE FOLLOWING INFORMATION IS INCLUDED IN TIDS PETITION. (FOR EXPLANATION, SEE NEXT PAGE.) 3.a. >-:- 3.e.l) >c- 3.e.4) ~ 3.e.7) >c:" 3.b. -- 3.e.2) :>- 3.e.5) "" 3.e.8) ~ 3.c. '-c- 3.e.3) ">< 3.e.6) ~ 3.e.9) y 3.d. )c:'" Comments: <= ~ /)lilt. SIGNATURE OF PETITIONER ~ DA TE REVIEWED by Board of County Commissioners: Approved: 0 Disapproved: 0 Conditions of Approval: CARNY-05-AR-8413 Collier County Parks and Rec Fall Festival Eagles Lakes Community Park (i) Agenda Item No. 16A19 October 11, 2005 Page 4 of 17 Name of Event: Name of Booth: Person in Charge of Booth: Types of Food or Beverage to be Served: Florida Admh1i!;ltrative Code, Chapter 10D-13 requires aU food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Se l-F (Jorrl-c<<' MJ -rrcu . let How will food be transported to event location? (of'1tt:M ~ t.tlAl'~ Location of advanced food preparation: Method of keeping food hot and/or cold at event site: <5eJP ~ j tJf)~ Method of cooking food at the location: CC()lL.e(""S ~'f"'\ un i+ Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this . protection? Describe type of structure: r-1oocJ l'~ cove,,--ed j f) U () I-J- Adequate facilities and supplies shall be provided for employee hand washing. How will you provide this? 8crJ P ~ hDt ~ (n)d rU-''lfl i ~ wctlet- For Information and Assistance contact: Environmental Health & Engineering Department - (941) 403-2499 Agenda Item No. 16A 19 October 11,2005 Page 5 of 17 Failure to comply with applicable food service requirements in accordance with Chapter lOD-13, Florida Administrative Code, may result in enforcement action. Do you understand this completely? YEs)(] NO 0 I certify that to the best of my knowledge and bellef all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter lOD.13. ;< Signature of Applicant )('" Date: CARNIVAL PETITION APPLICA TlONI INDIVIDUAL BOOTH NOTIFICATION FORM FOR TEMPORARY EVBNTS (i) Agenda Item No. 16A 19 October 11 . 2005 Page 6 of 17 SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS Name of Event: Ea.iL-F.esr Address of Event:_ II ~6 14.rr""1I,(1/' Tf?;(j I (i;i tJCA(Jr;s, Pt- g 41(1 . Date(s) of Event: ~:2D -2~ ~HoursofOperation: mIB- ~-",' 2.1 b-UJ 2.2 I t.3'~ '" ~ SP.DSOr.fEv.nt:eQj~M I!~~~ ~~ ~ tt.pa~ Address of Sponsor: _~W _O..:il( _ _ __ l3_~ ~ __ ft.... 3C/ It h Person in Charge of Food Service: Sde ((efl To/lit.. ~3-oqo(J 2. - II"; Phone: Number of Food and Beverage Booths: Estimated number of attenders expected at the event at one time? Number of toilets to be provided: i ~ ocoO Portable: Male (I) Female ( I ) Permanent: Male (") Female ( <() Method of toilet waste disposa1:--A:>ta b l..e l ornpaA1 J Describe method of liquid kitchen waste disposal: Describe containers and method of solid waste disposal ( ar age): n+ U Number of solid waste disposa containers provided: L..... Describe facilities and method of handwashing:-1:IoJ-" (bId r eJ.r1.k.r' f. S:P.p Describe facilities and method of utensil ';Vashing~ rinsing and sanitizing: ~ ~ SOQp Source of potable water: m ,$ i ~ For Information and Assistance, contact: Environmental Health & Engineering Department. (941) 403-2499 Agenda Item No. 16A 19 October 11, 2005 Page 7 of 17 As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comply may subject the booths to be closed for public health reasons. Do you understand this completely? YES , NO 0 I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food.. I agree to assume responsibility for this establishment and I certify that said business will be conducted in compliance with the Florida Administrative Code, Chapter lOD-13. )( Signature of Sponsor's Agent )( Date: CARNIVAL PETmON APPLICA TlONI SPONSOR NOTIFICATION FORM FOR TEMPORARY EVENTS SEP-28-2005 14=48 COlLIER CO PR\<. ADDRESsING CHECKLIST P.B2 Agenda Item No. 16A19 October 11, 2005 Page 8 of 17 Plcue complete the folJowingAND FAX (ZJ9-659-S1U) OR SUBMIT IN PERSON TO THE ADDRESSING SECTION. FQRM ~UST BB srqNBD,Y ADDRESSING PIRSONNEL PC'OR TO PRE- APPUCATION MEETING. Not all items wi)) apply to every project Items in bold type arc required, 1. 2. Folio (Property ID) number(s) of above (attach to. or associate Wilh, le8al description if more than one) 3. , 4. Location map, showing exacllocatio of tlsite in relation to nearest public road right~f-way (attach) S. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES) 6. Proposed project name (if applicable) 7. Proposed Street names (if applicable) 8. Site Development Plan Numbar (FOR EXISTING PROJBCTSfSlTBS ONLY) SDP_- 9. Pedtion Type - (Complete a separate Addressing Checklist for each Petition Type) SDP (Sire Development Plan) .. SDP A (SDP Amendment) SDPl (SDP Insubstantial Chanee) SJP (Site Improvement Plan) SJPI (SIPI Insubstantial Change) SNR (Street Name Change) o VegetationlExotic (Veg. Removal Permits) o Land Use Petition (Variance, C01'Iditional Use, Boat Dock Ext., Rezone, PUD rezone, etc.) o Other - Dcscri be: PPL (plans & Plat Review) PSP (preliminary Subdivision Plat) FP (Final Plat) ll.A (Lot Line Adjustment) BL (Blasting Permit) ROW (Right~of-Way PCmUt) EXP (Excavation Permit) VRSPP (Veg. Removal & Site F.ill Pennit) TOR (Transfer of Development Rights) 10. Project or development names proposed for, or already appearing in. condominium documents (if applicable; indicate whether proposed or existing) 11. Please Check One: cc1cr is be Fued Back 0 Pcrsona1~~,.VR" 3 12. Applicant 'Name PhoDe~-~ Fax ~' -/ (X) 2- 13. Signature 011 Addressing ecklist t conStitute Project andlor Street Name approval and is subject to fwther review by the Ac:ldzessing Section. FOR STAFF USE ONLY Primary Number ~13cDl.k2:. Address Number Address Number Address Number Approved by .J1n f1;,.J 111 fi'j.a.-M Date q - c. <1 - 0 5 ',J' '1/, l~I~: ~. ~ Agenda Item No. 16A 19 October 11 , 2005 Page 9 of 17 COLLIER COUN1Y DMSION OF PUBUC SERVICES Parks and Recreation Department 3300 Santa Barbara Boulevard · Naples, Florida 34116 · (239) 353-0404 · FAX (239) 353-1002 Website: colliergov.net September 26. 2005 Susan Murray, Current Planning Manager Planning Services 2800 North Horseshoe Drive Naples, FL 34103 RECEIVED SEP 2 9 2005 ZONING DEPARTMENT Dear Susan: The Collier County Parks and Recreation Department is applying for carnival permits for the folIowing events. Tolve Presentations Inc. exceeds the one million dollar insurance policy and has named The Board of Collier County Commissioners as additional insured. we are requesting waivers of the Surety Bond and occupational License for this event. If you have any questions please contact me at (239) 353-0404. 00 I 15b,344 Please charge the $275.00 fees to H+15e~4t-.649990 2. Fall Fest Eagle Lakes Community Park 11565 Tamiami Trail East, Naples, FL 34113 October 20 - 23,2005 Thursday - 6pm - 1 1 :oopm Friday. 6:00pm - 1 1 :oopm Saturday - 1 2:00pm - 1 0:00pm Sunday - 1 2:00pm - 5:00pm 3, Snowfest Golden Gate Community Park 3300 Santa Barbara Blvd., Naples, FL 34116 December 3 - 4, 2005 Saturday - 1 0:00am - 5:00pm Sunday. 12:00pm - 5:00pm 5. Country Jam c o {~~ " c o .. ... ~ .y .. " Vineyards Community Park 6231 Arbor Blvd., Naples, FL 34119 March 10 - 12, 2006 Friday -, 6pm - 10:0Opm Saturday, 2 :oopm - 1 0:00pm Sunday, 1 2:00pm - 6:00pm If you have any questions, please contact me at 353-0404, Thank you for your assistance. Sincerely, ~- !Ji Annie Alvarez, A~al Events Supervisor Collier County Parks and Recreation Agenda Item No. 16A19 October 11, 2005 Page 10 of 17 Agenda Item No. 16A 19 October 11, 2005 Page 11 of 17 COllIER COUNlY DMSION OF PUBUC SERVICES Parks and Recreation Department 3300 Santa Barbara Boulevard · Naples, Florida 34116 · (239) 353-0404 · FAX (239) 353.1002 Website: colliergov.net August 30, 2005 RECEIVED SE? 2 9 2005 ZONING DEPARTMENT Nick Biondo Fire Marshall East Naples Fire Department BY F.AX: (239) 774.31 16 Dear Nick: The Collier County Parks and Recreation Department would like to inform you of the dates of our upcoming special event. Fall Fest will be held at the Eagle Lakes Community Park on Friday, October 20 -23,2005. Thursday hours will be 6pm - 11 :Oopm; Friday hours will 6:00pm - 11 :Oopm, Saturday, 2:00pm - 11 :Oopm and Sunday will be 1 2:00pm - 5:00pm. we are applying for a Carnival Permit through Collier County Development Services. The permit requires us to get a letter from the Fire Inspector of the district, stating you are aware of the event and will take necessary provisions for Fire Safety. Please fax the letter to 353-1002 and send the original to 3300 Santa Barbara Blvd. Naples, FL 34116. If you have any questions please contact me at (239) 353-0404. Thank you for your assistance. Sincerely, ~'IM Annie i\lvarez, ~ecial Events Supervisor Collier County parks and Recreation c o ~. l~; " r c o .. .. t .v ."... .~ , Agenda Item No. 16A19 October 11, 2005 Page 12 of 1 7 COIlJER COUNIY DMSION OF PUBUC SERVICES Parks and Recreation Department 3300 Santa Barbara Boulevard · Naples, Florida 34116 · (239) 353-0404 · FAX (239) 353-1002 Webslte: colliergov.net August22,2005 Collier County Sheriff's Office Mike Jones 3301 Tamiami Trail E. Bldg. J Naples, FL 34112 RECEIVED SEP 2, 9 2005 ZONING DEPARTMENT BY FAX: (239) 793.9168 Dear Mr. Jones: The Collier County Parks and Recreation Department is requesting the Collier County Sheriff's Office to provide Certified Deputies for the following special events listed below. The number of deputies will be determined in the near future. We are applying for Carnival Permits through Collier County Development Services. The permits requires us to get a letter from the Collier County Sheriff's Office, stating you are aware of the events and will take necessary provisions for safety. Please fax the letter to 353-1002 and send the original to 3300 Santa Barbara Blvd. Naples, FL 34116. 2. : '''t7~,~;~,.~,~t~~~::;~' ~ lt~~'~TreII'eaSf,Napfes, FL 34113 Oct<;>ber ~O,!,,43, 2~ Frid8y'~:~" '.~.ll;~; .,~~ ~pm- W-oopd' :'8~;'."""~~i;1.~..;'~:~'~ ;~ 6' '~...~ '~.'."f,~ .. .."":j':J.;ill".Al"~'.~'":''' ,..\;. .."'....:'....,.; ~ ...". " .,;~,. .. ,", ..~~":<i" . 'it . 3. Snowfest Golden Gate Community Park 3300 Santa Barbara Blvd., Naples, FL 34116 December 3-4, 2005 Saturday - 1 0:00am - 5:00pm Sunday. 12:00pm. 5:00pm c (~~ " t y c o .. lot H ..... .. '.~ Agenda Item No. 16A 19 October 11, 2005 Page 13 of 17 5. country Jam Vineyards Community Park 6231 Arbor Blvd" Naples, FL 34119 March 10- 12,2006 Friday - 6:00pm - 1 0:00pm Saturday, 2:00pm - 10:00pm Sunday, 12:00pm. 6:00pm If you have any questions please contact me at (239)353-0404. Thanks for your assistance, Sincerely, ~M~ Annie Alvarez, Recreation Supervisor Collier County Parks and Recreation Agenda Item No. 16A19 October 11, 2005 Page 14 of 17 FALL FEST Eagle Lakes Community Park October 20 - 23, 2005 Open Field Carnival area CJ I J \. CARNY-05-AR-8413 Collier County Parks and Rae Fall Festival Eagles Lakes Community Park SEP-29-2005 11:17 COLLIER,CO PRIS Agenda Item No. 1~~ October 11 2005 g~ NS RA C 9/29L05 THIS ceRTlFleATE IS ISSUEO Ita A MATTEIIIl QflINFORMA110N OM\. V AND CONFiIUI NO IUGiHTS UPON THe CER11FlCA. TIE HOLDER. THII CElmFICATE Doe NOT AlIENO, EXTEND OR ".,~uc:u. FL 33706 ~a Tolve reBentat~ons, Xnc. DBA; Third Generation 269 orient Way Lyndhurst NJ 0'70'71 Ie. I' ~ " , I. " .' ~ TH1: pouca oF ''''StlAANC:E usreD 8l\..OYV!-IAVE 8lI:EN Issueo TO ~E IN&UMO NAIolED Aaovt. ~ TWE POLlCV PER tOD INOlCA.TED. /oIO~'Tl1STANOING I : /II'l'f fCaUIN!UEI'IT, TeIUII DR CC)Nt)fTlON OIF AAV CONrMCi 0Jl. O"l'JolER DOCUMENT W'ft04 Rl!SPEC'I" TO WHICH lHlS CE;fn'1l11~T! M/!,Y iii ISSUeD OR , MAY PERTAIN. THE IMSURANa: AFFOItOID ev 'nil! PDUCIl5S DESCRI8!D HEReM IS SUdCT"TCl ,\,l.,l1'1E TEiRMS. exCUJSlONS.-.NO CONOI'rlONS OF sue... I ' POUCI ~tt UMlTS SHO'Mt MAY HAVE aEI!N ttEnUCED BY pl\lD CI.AlMS. IN I" II. NUWI.... .nc'rl\/i IXPIUI'n01I IJA8Im' "l:RClAL GEMI!AA~U1Y Ci.'llA MAc. LlL OCCUIl M5t-1.FG64 0 . 1,000,000 ~o I 1,000,000 Il.O,OOC,OOQ , 1,000,000 -.--- '" M5MF6640 04/1'7/05 I 500,000 100It.V IltJU"Y lI"W .tnClnl I. IIDDLl"(lfLJURT l,l"IrlliddM\l '. : ' " '.' 04 I'RtIf'LIt.'TV OAM/lOE (1'''' ...."., s , , '. " MSXF66 1 1,000 000 1,000,000 -; \JEDUcmIILf,. " , WOI'llPI. ao......PIlQI( aND I!IIIIU:IW!N' L1MU'fV A :=r=~ II \'t~ .&IIrIbt ...., ;,:, WC056705 04/17/05 "0' L a1IlM OUCP,,,"ON C'DNIUI1'Cl'" r LCJQa'l'lONllftlilCUll DCWIIONf ADD<<I8vf.NodlIIlMPTrIl'1CIM. .acNlIlONI EFFEC1'IVE FROM 10/20/05 'tHROOGH ~(l/23/0S EVENT: FALL FES'1' E:VBNT LOCATION: EAGLB LAKES COMMONI'l'il PARK, NAPLES, FL THE FOLLOWING ARE NAMED AS ADPITIONAL INSOREOS AS RESPECTS TO GENERAL LUBIL:t'I'Y COVERAGE ONLY AND THE OI'ERATION OE' THE NAMEP INSURED ONLY; COLLIER COUNTY ~OARO OF COUNTY COMMISSIONERS ...llUlll AtIY OF' 'IMI! MOtIr.llII~1D ,llUClllllIE t.IollCal.lU 8tl'01'i 'INIIXIIIlIA'ftCl'l ItATC n4CIlf:Of', llll! L"LlI"IIIN~ WIJ.I.CMl!lM* 'ID ""~ ..l..Q... DlTtWllm'Dl NOTICE 1'0 'IN!! cnmnc..1a "01.1:)_ *MED TO 'tIIlllEFT,1I\IT .....1.1.I111 'TO DO .0 IMAU. IIII'C11 NO llAIlMTIClI<< D" U_I.f"'''' NIt OlDUI'OH "..I....R.l1'IAQlIIItlOIl "' n~. CARNY-05-AR-8413 Collier County Parks and Rec Fan Festival Eagles Lakes Community Park ~ " ACORO ~& {20011D1) Agenda Item No. 16A 19 October 11, 2005 Page 16 of 17 Permit No. PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA: COUNTY OF COLLIER: WHEREAS. Annie Alvarez. Athletic Special Events Supervisor, Collier County Parks and Recreation Department, has made application to the Board of County Commissioners of Collier County. Florida. for a permit to conduct the annual Fall Fest, and WHEREAS, Annie Alvarez, Athletic Special Events Supervisor, Collier County Parks and Recreation Department, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct the annual Fall Fest as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have been satisfied and that such festival will be conducted according to lawful requirements and conditions; and WHEREAS, said Annie Alvarez, Athlectic Special Events Supervisor, Collier County Parks and Recreation Department, has requested waivers of the occupational license and surety bond; NOW. THEREFORE, THIS PERMIT IS HEREBY GRANTED TO TOLVE AMUSEMENTS, to conduct the annual Fall Fest from October 20, 21, 22, and 23, 2005, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A") The request for waivers of the occupational license and surety bond are hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by the Clerk of Courts in and for said County this day of ,2005. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA: FRED W. COYLE, CHAIRMAN FOLIO N8R 0000000447880401 PARENT PARCEL .0000000447080007 PHYSICAL STREET LOCAT~nda Item No. 16A19 . October 11 , 2005 11567 TAMIAMI TRL E, NAPLES ~~~~7 BLOCK BLDG LOT UNIT RANGE TWP SECT STRAP 01.9 .000 26 50 33 502633 029. 0005B3 USE CODE ~ 82 CLASS CODE o MILL AREA 53 TOTAL 33.00 ACSC HDR REF FLAG SHORT LEGAL 33 50 26 PARK SITE DESC AS: COM AT NW CNR SEC 33, S2 DEG W 1473.24 FT, SELY ALG NLY RW L1 US 41 176,27 FT, S 54 DEG E XTAA LGL CNT 6 OWNER NAME COLLIER CNTY OWNER ADDRESS 3301 TAMIAMI TRL E NAPLES, FLC0580 341123969 PREVIOUS OWNER COLLIER COUNTY FULL LEGAL DESCRIPTION 33 50 26 PARK SITE DESC AS: COM AT NW CNR SEC 33, S2 DEG W 1473.24 FT, SELY ALG NLY RW LI US 41 176.27 FT, S 54 DEG E FT TO POB .' . Exhibit "A" Agenda Item No. 16A20 October 11 , 2005 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to approve the application by PACE Center for Girls, Incorporated for the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program OBJECTIVE: Approval of the application by PACE Center for Girls, Inc. (PACE) for the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment 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 and Ordinance No. 2003-60, which is Code of Laws Chapter 49, Article III, establishing the Job Creation Investment 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, thereby stimulating and diversifying our economic base. 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 August 15,2005, PACE submitted an application to be considered for the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program. PACE is a 501 (c)(3) not- for-profit, charitable organization that provides services to girls ages 11-18 "who are experiencing difficulty or conflict in school and at home." Pace promotes educations, self-esteem, personal development and relationship skills and helps to prepare the young women to become productive members of the community, The first PACE Center for Girls was established in 1985 "as an alternative to incarceration or institutionalization of at-risk adolescent girls in Jacksonville, Florida. Based on the success of the Jacksonville program and at the request of the Florida Department of Juvenile Justice, PACE has been successfully replicated in 18 cities throughout Florida. " PACE has been located in Immokalee, Florida since 1998 and has acquired the property across the street from its current location at 201 North 1st Street in order to facilitate an expansion. The new facility will allow PACE to provide services to additional girls and continue their mission to provide the opportunity of a better future through education, counseling, training and advocacy. PACE proposes to create eight (8) new jobs in Immokalee, in three phases, by December 31,2008, at an average wage of $30,000, which is significantly more than the 50% of Collier County's current average wage of$16,367 required to participate in this program for the Immokalee area. The company is also proposing an initial capital investment of approximately $3.9 million for land, a new building and related equipment. Based upon the above commitments, PACE is eligible for $24,000 in Collier County Job Creation Investment Program funds to be paid over three consecutive years following --- creation of the jobs. PACE Center for Girls, Inc. Page 2 Agenda Item No. 16A20 October 11 , 2005 Page 2 of 11 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 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 monthly service costs. Staff will prepare the Job Creation Investment Program Agreement and the Advanced Broadband Infrastructure Investment 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 PACE Center for Girls, Inc. and by the County Manager on behalf of Collier County and will be recorded in the Official Records of Collier County. The applicant has also submitted an application to participate in the Charitable Organization Impact Fee Waiver Program, set forth by Section 74-203(i) of Chapter 74 of the Collier County Code of Laws and Ordinances, which is the Collier County Consolidated Impact Fee Ordinance, as amended, in order to offset the impact fees related to this project. The request for the charitable waiver will be considered by the Board of County Commissioners under a separate agenda item, but at the same meeting as this request. PACE Center for Girls, 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, the Job Creation Investment Program requirements set forth by Ordinance No. 2003-60 in Code of Laws Chapter 49, Article III 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 $24,000 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, 2008. 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 PACE Center for Girls, Inc. Page 3 Agenda Item No. 16A20 October 11, 2005 Page 3 of 11 installation along with the request. PACE is a tax-exempt charitable organization, therefore the requirement that the participating company pay their annual ad valorem property taxes to the County, in full, prior to a request for payment is not applicable. 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 $3.9 million. In addition, the creation of the eight (8) new jobs generates a local payroll of approximately $240,000 annually. GROWTH MANAGEMENT IMP ACT: This application is consistent with the Economic Element of the Growth Management Plan, specifically Objective 1.3 that states: "Collier County will support programs which are designed to promote and encourage the recruitment of new industry as well as the expansion and retention of existing industries in order to diversify the County's economic base" and Objective 1.5 which states: "Collier County will encourage the expansion and development of educational facilities and programs that complement economic development and diversification." LEGAL CONSIDERATIONS: The PACE project meets all of the Advanced Broadband Infrastructure Investment Program requirements set forth by Ordinance No. 2003-59 in Code of Laws Chapter 49, Article V and the Job Creation Investment Program requirements set forth by Ordinance No. 2003-60 in Code of Laws Chapter 49, Article III as a Targeted Industry expanding within Collier County and is legally sufficient for Board consideration and approval. RECOMMENDATION: That the Board of County Commissioners approve the application PACE Center for Girls, Incorporated, for the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program. Prepared by: Amy Patterson, Impact Fee Manager, Financial Administration and Housing, CDES ttem Number: It.m Summary: Muttn; Datil: Agenda Item No. 16A20 001_' 11, 2005 Page4of11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONER.S 16A:20 Recommendation to appr()"'e the applical!on by PACE Center for OiJ1li, Inco.porated for the Job Crll.tion Inveitmerrt Program and the Advanced BrOlidbfilnd 1n11~$tructure IO\l&Itmenl Program 10/11/20059:00:00 AM 0... Prepand By Amy Plne,lon Community Development i Envlronmenta'Sarvlco. Jmp.ct Fee "'..nag.r Fln.nolll Admin. & ~joU.jIl9 elaS,ZOD15 4:Z11:07 PM D... Approved B" Sandra Lea EncuDve SflCA'ury Community Dnelopment & Community Developmont & En",lronmlntlI8.rYI"I. Envlronmlntal8arvlalS Admjn. "211:!005 12:1. PM Approved By D.'" Constance A. Jal1ru;on Opwatlons Analyst Community DevCllopment B. Community DeYCllopmont.. EnYlronrnontal ServlClS Elllllronm.nttllii.rvlcu Admin. 91't7/2DOS 1;31 PM Approved By D." o.nmn Baker Community Oltyetopment" Enllfronm.ntal &Grille... Flnllnclal AdmIn & HOllSlnp Director Financial Admin. & Housing 9127120064:41 PM D... Approved 8y JOUJph K. SchmItt Community [)e.1I,'opment& Environmental 8orvl", Community OItJV&IO"meot & EnvlronmlntalServlu$ Admlntltutor Community o.velQPmlnt & Environm.mtAl Servl!).. Admin. I12712Oll5 4:57 PM "".. Approved By Patrick G. Whit. County Attorney AU'tllant COU"\y Altl)rney County Anomev onlGe 9128':00511:20 PM 0... APIJI'()ved By OMB Coordlnlltor County Manlllg.r', Of'ftce AdmJnbltratlvlt A..lst.:lI1t OffIcII of M.n.gement & Budget 81301:0061:.10 AM D... Appnn'ed By Mllrlfluctllj;nU County Manllger'lJ 0,"0. Budge, Anlllyst amo. or Management & Budgl't l"Ola'OO& 8;.-0 AM D... Apl)roved By Mt<::llllel6n'1)'kowskl County Manage,'s Otnce Managoment & Budget I)Jroetor Offlcfl of Mllnlgement & Buoget 9130/2006 &:10 PM "".. Approved By Jam.. v, Mudd Boerd ofCounly C Qmn,lnlon(l1'l County M.lllagor County Mltru""er'.. Orne. 10/1/200512:48 PM Fib-! :PACEcent:Ht"~ GIRLS FAX t<I. :2396572409 Agenda'ltem No. 16A20 "'1 ~A 02C?tober 1 ~2005 .c. g ~ 1 '~e':J"Of 11 ~~. I ,"~ . ECONOMIC DEVELOPMENT COUNCIL OF COLlJFRCOUNfV NAPleS, rLORIDA EVERGLADES CITY. CiOLDEN GATE IMMOKllLEE . MAR.CO ISLAND COLLIER COUNTY ECONOMIC STIMULUS PROGRAM ApPLICATION for expanding or New Businesses ~Ae E' C2Il-rBf.4b( (}; ,15 Name of Business \\ &i Vi9t4 G; yl.L:1:he. Orr-oWld ftJ t+nw " Project TrUe (1-5 word description) . ECONOMIC DEVELOPMI!NT CoUNCIL OF COLUER COUNTY 3050 NORTH HORSESHOI! DRIVE, SUITE 120 NAPLES, FLORIDA 34104 (239) 263-8989. FAX (239) 283-8021 www.l!NaDI..Florlda~com FRCtI : PACE CENTERFCR. GIRLS FAX 1-1]. : 2396S724e9 Agenda Item No. 16A20 October 11, 2005 ~C. 01 2004 12: ~e If.if 11 Emf!!2yer Identification -,.n BUSINESS INFORMATION: 1. .) Name of Buslnes. unttLfAeS (J./1l1-tV ~r' (J.;rl~) (lp (li'pI' qf .:I:~mDk~~ b) Mailing Addre.s: <9..01 ust~..ft1'P..r Im rnoKalp..e -r:l. aJfpt;J , c) Name of Parent Compeny(I' eppllcable): 1d. Ce: &..fI.17!r ~ a.; rI~ Int'_ d) Primary ~nlt contact: NameWI f$jj~ Title: E.xPNJ""'\I~ ~'r1li!:f'lJ1" Company~~ l!Ml~ Addres.: ffltJ,. ~r1!H ~mmo~~ F~~:1~ Phone: ~;;q..~,... HfhJ Fax' 19-....... . EmallLf4dtjmMCi4~(i)~~eb.lte: "flj,"~ '!fi e) Buainns unlr. federal employer Identification number: liI..~~ f) BUlin... unit. unemployment compensation Identification number: 69",~f.'1i2. 9) a~,lne.ssunftCsFlorld8sal.1 tax registration number: h) Bu.ln... unit'. Com.r County occup.tlon.lllcen.e number' I) UstNAlC8 cod.. of all Ictlvltl.. of the buslne.. unit: Targeted Induatry: ~~ 4- I ~ Q Jl J' primary business8ctlvltleslfunctlon: , . 2. a) I. the bu. In... unit minority owned: aVES DNO b) If YES, explain: "Fior,'Jq 3. Bu,'n... unttt, tax'Y!8r (example: Jan. 1- Dec. 31)1- ~4l~ 1- vu.'ne. aD Project Identification/Information 4. .) I. the bueln... unit (pl.... choo.. on.): I I a new bu.'ne..unit to Collier County t>t an expanlJon of an exi.tlng Coiller County b".ln... unl( b) If an expan.lon. how many ~;R C.OUNTV .mploy... .... currently In the exp.ndlng bU'ln..s unit'? I ExIIlllf\Q Collier County ImplQ)'lN' cennol ba Included fgr DDnllIdert1iOn III ~ri8ln Il1Q8nUv"wlIrda, Elrecllve 08/01104 PaIge 2 of 1 ..~IPI It,'t"'.:-=:: ..1.....-_... --.-..- FRCJ'I : PA:E cerrERFCR GI RL.S FAX I'(J. : 2396572409 Agenda Item No. 16A20 ""1 "'lr>tlU October 11. 2005 .c. '" '''''''''' 12: 2~e 'T4>f 11 c) How many individuals are employed In ALL Florida locatlon.?~ d) How many Individual. are employed In ALL domestic and Intemltlonal loemlons? ..&-"' 5. 6. Check the appropriate box and complete the IIn8 Item: ~ Project'. cwrrent location add.....: ~Dl~. .st sr~p~.f- ..I.MY\1ol!nl"i? "FL. ~"'11:/:1.. [J proJect'.p~oposed location .dd.....: /I _ j ..}Jot (l,~~ ~ fIt)J ~ * - 111) """<< ar' OQ. K q- ~!lIJ s-r. j 1'\ IWl /'Yl C killE-t:? 7. a) Located on Brownfield Site or In a BroWnfield Area? LJ YEa t&lNO C' YIUI, ....... 8tMCh . ClClfll 0' at. ofIIcIaI doc:ument thIlt.dlelgnaW tIda .... .. a brOWl\flltld ....) b) Will project be locating or axpandlng In .n Enterprl.. Zon.? t<.ves 0 NO If YES, which Zon.: ~mokal.. I I Everglade. City 8. PI...e check the box that beat defln.. your project Answer a) AND b), If applicable: a) 0 Multl..tate bUllne.. enterpri.. n Multl-natlonal bUllne.. enterprl.e b) ~ Regional he.dquarters c;>>fflce r'l National headquarters office ,- J International headqu81'ter8 offIc:e 9. Pleue estimate percentage of gro.. recetpta or final .ale. ....ultlng from this project that will be made outalde of Collier County: ~. % oualde of Florida: . _ _i fr ". 10. Project employment and wages: a) Total number of net. new full-tIme equivalent Collier CountY jobs created by ths project at the buslne.. unit; Indicated abov.: ~ b) AnI .ny employe.. ~Ing tl1lnaferred from another Florida location? r. J YES ~ NO If YES, how many and from where1 11. a) Ant/oID.fed annualized average wage (not Including benefits) of the new to ColII.r County Jobs created by the project It the busln... unit: S .-=w: ODD.DO (OMh ~noe bonu'" .nd ath" GUh flQIMnta to the empIoJtN, 8UCh .. OYltrtllr!', IhoUId .,. IJtOIyftd. The .ntlclpRId wage Nported heN .. onl)' an MtImIit. of... ~ wa... to be paid. TIle wage IndlcaNd In rnpOMe to .n Inotnllva ....ohment, If .,pllca"". wi. be LINd In the cerdlcltlon, 1I1'Mn1ent, and a"lnI evaluation procua.) b) Annualized average value of benefits a..oclated with each new Job cntat.d by the project at the busln... unit: $. {P, ODD, () () , J:""c:lIvO 08101104 P.,. 30f7 -- "=ftl 'l,.IlI?;l!" FRfl'f.: PACE CEtfTERFOR GI as FF>><l'IJ( : 23965724e19 Agenda Item No. 16A20 October 11, 2005 ...c. 16.2l2le4 le:~ W 11 c) If Job. ar. tobephal.dln,provl~..th'd!t~'4Vh."ttac:hpha...of .mployrr.ent will b!fu lJylmpl.rn.ntlld:(PI....tl!!!lltt:'~p.h,a... tQn()rnort than three con..cuttv. V..,.., .ndJ()b creation tonC).181'91.J1t11"J~~~..Jn8ny gl".ny..r.) Date by 'whlchthoae Jobs will b.e....t.d. 12/31/00 12131{ 7 12131" . Ph..e 'f ~' , . :) I II III TOTAL 12..) D..crlbethec~pltaJ InV..tment t~re.,&lndpe...onalprop.rty: (.x"mpl..: . construction . ofnfIWfaclllty:,..mQdillng off.cUlly; upgrading, ,replacIng or buying new.qulpment. Do not Include the v.lue of .andpurchaaed for conltructJonofa new bUilding.) ... (l/)n.'ifn~l.~1m o~, h()>>tl ~.i~- 13,6?DJ.DOD. D7.)' . . ,... . b) Llltth. antlclpatiCI arnou"t (wJt!llnthr..(3)Ylara)andtype(p.uroh..e of . m.chln.ry/Gqulprnen~con.tructlc)J1Ofb'...ldln8.,.tc.). of mllJor c.plt., Inv..tment to be made by the appUcant In connection. with thl8Colller County project: Amount S.,3f1iI)b/)~ .lfl)... Lan,d(I!.ppn~Je) Arn.ount$.3,ryoD,DW.lll> ,. .. C9nlrt~~on{R.nC)vatlons Amount. # .. ' .. . . ManufaeturlngEqulpment Am::~:~j~O~~~ ' .Other Equipment c)Eltlmated.qu....,..tof new orn.wl)r.xpandedf.clllty~J MD 13. Antlclpawd date of beginning of con.tructlon forthl. project: iolot; 14. Antlclpat.d dB. project will 1M InoperatJon~ IbJ~ . 1'S. ProJ8ctlnfonnatlon: ArchltectFI : Contractor: ..:&:BE: Jferi~ct 2~~~ .E~;rr: .~~~ Contractor: Phone: . .~ Phone: ....... Phone; .. ~:-1f9/;-"lliJ ... .... ~3J:4~'l-1J0!/tJ .. a~ t.~, l({Jj~ ~~@h'''~4~~~~~@~~_~kema.~c~ ..a1"'l~~ 71AS.. . .a',ID4:'''~J" . ... .. .P.Wf...t;f3" '1~ w' afec:tlv8 08f0 1/04 PIIgo4 of 7 -JII --==~.;..""~ F'RCJ'1 : PACE CENTERFm GIRLS FAX t-D. : 2396572409 Agenda Item No. 16A20 October 11, 2005 .c. 01 2004 12:~~e!f5f 11 Project Impact Information 16. What role will the Incentive (or Incentives) play In the decision of the applicant to locate or e:.:pand In Collier County? (If there are other statea/communltles competing for this project, plea.e Ust which state8lcommunltl~s and what Incentives are being offered by those states/communltl...) "ftw.. stA:te.. LeA~/(d"l.U"L /AfpW):pri411 OnL ?ACf, e~-t&Y' ~ S W ,.'on41l. S~MDK4/~ ~ a.ADSUL 4$ tlte- d"JJl1V!Lhd ~~ du.~ +0 -fh~ need And +ht. sUfpor+' i"C!AI1/i.,&S tlV4; Itib/4.. 17..) Provide a brief review of the applicant's put actlvlti.. In CoUler County and In other states, particularly a. they rela. to environmental and growth management Impa. and how these have been handled. (Basically, what kind of corporate citizen has the applicant been?) ACe: is Ow ~.bu.+;':.W l.!olnlt\W\"+y ~.y: ";f'Ae.E 8-tit anA. .s-huifA1s c.Of\-mh","+~ alWlDN- ~ot> A~ uP iY;WlMlIJti-fy VQIL4;"feu' su-vice. 14S"f year: VJe.. Q,rt!. ~ s-fllllAnIs ff- ~ . b) D.scribe any criminal or cIVIl flne8, or penaltl., and any awant.. Non~ ( Effttctlv. 08101/04 Page 5 of 7 -lit ~..n='" F'Rll't : PACECEtiI ~'~ GIRLS FA)(l'().:2396S72~ ' Agenda Item No. 16A20 . October 11, 2005 c. 1211 2l2l04 12:~ ~of 11 lleq.,.uirem.e.nts' F...t Track Permitting Program: The.F", T,..ck.ppIJCltlonmulltbeiCctrnpJ'....~lrrfylli~fore~ol1.,d.retIOnl.glv.n. 8tl~m.ntllon th.F..tTrackAPpllC!tlon"'~..tb.,.ccu...te.n~ ver1flable. The Economic Development Counc:nC)'c:~~U.r'c;oul1ty(EDC)revl~.the.ppllcatlon. ff approv.d, the EDC .."d..copy'to,t~.ap"rop...~.County.taff. Thl. applicatIon mu.t beonflI8wlth,thecounty9fflce,pl'lortothe.cheduUngof any pre- Ippllcatlonpermlt review. orS~~v8Iopm.ntPI.n.ubml.llons. ,':; '.,' "'", . TheF..t Tr.ckP.""lttlngProgram...qul......p~..ppIJCatI~nma.tJngwlth the Colllar County8taff ,prtortodocurnent .U~IT1I'II.on. Thfl meeting IsllCheduled by the Economic Davelopment Council ofCoJUar CountY In cooperation with the EnQlneerofRecord. ' , Upon ........ of plan. by the County, thepermltmult be picked up within 10 buslne.. daya of approval. " " Th"appll~lon mUlfb. flltI,dDrlOl'to mllklngt~~ cJttCle.onto lOcate a new bu.'n... unit In Collier County, or to expandan.exlatlngColner County bus In... unit. f etractlvo 0IIIJ1104 PlIg4l ft OrT .--- "'_=:: _w ~~~:~ , FRll"I : PACE CENTERFlE Gt RLS FRX t<<J. : 2396572409 Agenda Item No. 16A20 O~~ .11...2005 .c. 01 2004 12. fl'~ -rPof 11 Application Completed By: To thebe.t of my knowledge. the InfonnlUonlncluded In this application I. accunne. . .~.4/) ~. ~Jlat (SignatUre .. \. .~." ~~~ MUtlU' ... rtnt or. ypaName) -4-:~ (Signature AuthoJ'lzedOfficer) ff.~Q~fl (Pl1nt orype. 8me 0 Authorized Officer) ~~ ~1l. ... ~ . ~Int or ype..e fcer) -1ME (1~41if'~'" (J,'t"t,J&//; (Company) JACre: d-'Ahr ~r' fh'....~ &II"~ (Comp~ny) ~- 1,61(- etlfn . (hon. Number) ~3: A/~-'1...V hone Num . JJ hi (). t ' .ate ~~ e"'t- F~~ Fax um.r 1'M"fe~~~~r (iJrnJJ4 y. nt.f "~lf~ "D e ~~"1i6?"AtOq ax Number ~tJA~; MMl)~~ 1!!IJrtJ.1:~ nil/' (E-man . dress) (ContactP'l'8on. lfdlff....nt)- lE-mall Addre.., If dJferent)- (Addre...lf different) (Phone Number, If different) Elfeetive 08101104 Ptlge 7 of 7 -Ill '~,~IIt~. Agenda Item No. 16A21 October 11 , 2005 Page 1 of 11 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners of Collier County, Florida, adopt a Resolution approving an application for a Charitable Organization Impact Fee Waiver, in accordance with Section 74- 203(i) of the Collier County Code of Laws and Ordinances (The Collier County Consolidated Impact Fee Ordinance), in the amount of $42,966.29, for PACE Center for Girls, Inc. OBJECTIVE: That the Board of County Commissioners adopt a Resolution, approving an application for a charitable organization impact fee waiver, by the PACE Center for Girls, Inc., pursuant to Section 74-203(i) of the Collier County Code of Laws and Ordinances, known as the "Collier County Consolidated Impact Fee Ordinance." CONSIDERATIONS: On October 9, 2001, the Board of County Commissioners (Board) adopted Ordinance No. 2001-54, amending Chapter 74 of the Collier County Code of Laws and Ordinances, to establish a program authorizing waivers from payments of impact fees for specified, tax exempted, not-for-profit, charitable entities that provide specified services of substantial benefit to low income residents of Collier County (Charitable Organization Waiver Program). On June 28, 2005, the Board adopted Ordinance No. 2005-31, amending Section 74- 203(i) of the Collier Code of Laws and Ordinances, to provide an increase in the maximum waiver for which an applicant is eligible as well as the annual budget for the program. The current provisions allow for an impact fee waiver for qualifying applicants of an amount not-to -exceed $100,000 or fifty-percent (50%) of the available funding, whichever is less, per applicant. The cumulative funding for these waivers is limited to $200,000 per fiscal year, plus the carry-forward from the previous fiscal years, to a maximum balance of $500,000, payable from accumulated and unencumbered interest from each of the affected Impact Fee Trust Accounts. PACE Center for Girls, Inc. (PACE) submitted a request to be considered for the Charitable Organization Waiver Program on September 8, 2005. PACE has represented to the County that it is a "gender responsive, school -based program, established in 1985 as an alternative to incarceration or institutionalization of at-risk adolescent girls in Jacksonville, Florida," and that based on the "success of the Jacksonville program and at the request of the Florida Department of Juvenile Justice, PACE has been successfully replicated in 18 cities throughout Florida." P ACE has been located in Immokalee Florida since 1998, and has acquired the property across the street from its current location at 201 North 1 st Street in order to facilitate an expansion. The new facility will Pace Center for Girls, Inc Page 2 Agenda Item No. 16A21 October 11, 2005 Page 2 of 11 allow PACE to provide services to additional girls and continue their mission to provide the opportunity of a better future through education, counseling, training and advocacy. PACE receives funding from The Florida Department of Juvenile Justice, the School Board of Collier County, local foundations and private donations. There is no charge for the services provided to the students at PACE. P ACE has submitted a complete application for the Charitable Organization Impact Fee Waiver Program, including documentation of its tax-exempt status (attached). There is no entitlement to this waiver; not-for-profit waivers are discretionary and the Board's decisions are final. The Ordinance provides that the Board's decision on the application is by resolution. FISCAL IMPACT: The current balance available for charitable organization impact fee waivers is $500,000, which is consistent with the provisions of Section 74-203(i) of the Collier County Code of Laws and Ordinances. PACE has requested a waiver of $42,966.29 which would be deducted from the balance for an adjusted balance of $457,033.71. The impact fees associated with this project are detailed in the following table: Impact Fees Dollar Amount Recommended Assessed Distribution of Waiver Road (District 5) $34,932.00 $34,932.00 EMS $ 985.00 $ 985.00 Jail $ 3,396.00 $ 3,396.00 Government Buildings $ 3,265.31 $ 3,265.31 Law Enforcement $ 387.98 $ 387.98 Total $42,966.29 $42,966.29 The waiver of the above fees will be funded, in accordance with the provisions of the CIFO, by unencumbered interest generated by each of the affected impact fee trust funds above. This action will not have an adverse effect on capital project funding. The subject property will be monitored annually by the staff of the Impact Fee Administration section of the Financial Administration and Housing department within the Community Development and Environmental Services Division. In the event that the property/business is sold, no longer operates as a facility that qualifies for the charitable organization program and/ or if the business ceases to legally operate, the impact fees will become immediately due and payable and subject to the default provisions set forth by the CIFO. This monitoring takes place as long as the use of the property remains eligible for the charitable organization program and would be discontinued only in the event that the impact fees were repaid, in full, to the County. Pace Center for Girls, Inc Page 3 Agenda Item No. 16A21 October 11 , 2005 Page 3 of 11 GROWTH MANAGEMENT IMPACT: This request is consistent with Objective 1.5 of the Economic Element of Collier County's Growth Management Plan which states: "Collier County will encourage the expansion and development of educational facilities and programs that complement economic development and diversification" P ACE has also applied for participation in the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program, and will be considered by the Board through a separate agenda item. PACE will be creating 8 new jobs as a result of the project at an average wage of $30,000. The above commitments are well beyond the minimum requirement to participate in the economic incentive programs. LEGAL CONSIDERATIONS: The application by PACE is consistent with the requirements of Section 74-203(i) of the Collier County Code of Laws and Ordinances, and the attached Resolution is legally sufficient for Board consideration and approval. RECOMMENDATION: That the Board of County Commissioners adopt the Resolution approving the application for a charitable organization impact fee waiver by PACE Center for Girls, Inc. pursuant to Section 74-203(i) of the Collier County Code of Laws and Ordinances, known as the Collier County Consolidated Impact Fee Ordinance, as amended. Prepared by: Amy Patterson, Impact Fee and Economic Development Manager Financial Administration and Housing, CDES Item Number: Item Summary: Muting Date: AgendC:lltem No 16A21 October 11, 2005 Page4of11 COLLIER COUNTY SOARD OF COUNTY COMMISSIONERS 16A21 Recommendation that tilt! Boald of County Comrniulonerli of Collltr CoUn1y. Floridl!l .dol)t. Ruolutlon approving an application for e Chamablll Organizatton Implct Fe~ Waiver. in accordance with SeetlOfl 74-203 {I} of Chapt&r 7<4 of the ColUflr Count)' CeldEl of L.ews and Ordinances (The Collier County Con~olld.h,d lmP'ct Fee Ordinance) in the emount or $11I2,966.29, for Pace Cenler for Girls. Incotporati!d. 10/11/2005 I)'OO'GO AM D... Prepared By Amy PlIltttrson Community De'o'lIIlapmenr I. envJron~lltl!ll aervl..... Impacrt Feo MoIInagttr Flmmcitll Admin.. &. Housing 1t271200511:25:4g AM D.te Approved By Sandra Le. Executtve ..Clr'tary Cetmmunlty o.v~opmel'lt & Community o.v.lopmllnt & Envlronn'lltnl:tlI8,,...lclIIs Envlranmental8enolcl:... Admin. '127120013:13 PM Appnw(!d By D... Denton SaJrer Community Oev'lapment.. E:nvlronm.ntaI6ervlllo" FIMl1ol.1 Adnlln & HQU$ing DlrealQf FIn.nof.1I Admin, & Houllng .J27120M 4:31 PM Oat. Approved By Canltlll1CIt A. Jahr,..on Optlr"tionl AMly.r Community o.veJopmllnt & Community Development & Environmental SlNvlo.1I Envlronm.ntlrl &.r\lic.. Admin. 1/21f2005 4:M PM Joseph K. Schmitt "".. Approved By Community DevlIIlopment & EnvironmentAl ~'rvlcolio Community D.vlillopm.nt & EnYlranm(lntal 50'rvlI::o. AdmltlltrotOf C omm1.lnlty Development &. EnYlror1ment,Q1 Slilr\lloo, Admin. it27'ZOQ6 11:59 PM Appnwed B)' Je," KI...tz:lraw County Attorn.y AflllllOtllnt Coul'Ity AnorNY ""te County Allamey Oftl~ 9i2\i112001S 11:00 AM Dllttt Approved By OMS Coordinator Co..lnty Managor', OfflCle AdministrAtive Aulstllnt omoe of Manag.menl & Budg.t 1130120058:41 AM ApprcJ\'ed By Mark Inch on County Manlllg.,'" omoe Budget Arl.lyflt Office o,f MAnagement & Budg(lt ""te "'130/2OilS 11:47 AM D." Aplln),.'ed By Mlchoel SmykowJkl County Mllnaglllr'6 omce Mlu,.gomtnt & Budget Director Office or Man.gement& Budgel 10/3/20018:22 AM 06" Appru\'cd By JIl.m<!!5 V. Mudd 800lrd of County C"mml.slonen County Manager County Manager's Office- 1013i2005 11:$8 PM Agenda Item No. 16A21 October 11, 2005 Page 5 of 11 RESOLUTION NO. 2005-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, GRANTING A CHARITABLE ORGANIZATION IMPACT FEE WAIVER, AS PROVIDED FOR IN SECTION 74-203(1) OF CHAFfER 74 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES (THE COLLIER COUNTY CONSOLIDATED IMPACT FEE ORDINANCE) ON BEHALF OF COLLIER PACE CENTER FOR GIRLS, INC., A TAX EXEMPT, NOT- FOR-PROFIT, CHARITABLE ENTITY, IN THE AMOUNT OF FORTY.TWO THOUSAND NINE HUNDRED SIXTY-SIX DOLLARS AND TWENTY.NINE CENTS ($42,966.29). WHEREAS, on October 9, 2001, the Board of County Commissioners of Collier County adopted impact fee waiver provisions for charitable organizations by application of Ordinance No. 2001-54, thereby amending Chapter 74 of the Collier County Code of Laws and Ordinances (the Code) which is also the Collier County Consolidated Impact Fee Ordinance, as previously amended by Ordinance No. 2001-13; and WHEREAS, on June 28, 2005, the Board of County Commissioners adopted Ordinance No. 2005"31, amending Chapter 74 of the Code to provide for an increase in the annual amount of individual and cumulative funding available to qualifying charitable organizations; and WHEREAS, PACE Center for Girls, Inc., ("PACE") a 501(c)(3) charitable organization, has submitted an application for a Charitable Organization Impact Fee Waiver in conformance with the application requirements of the Section 74-203(i) of the Collier County Consolidated Impact Fee Ordinance, in the amount of $42,966.29; and WHEREAS, the stated mission of PACE is to provide "girls and young women an opportunity for a better future through education, counseling, training and advocacy;" and WHEREAS, these services are valued by both Collier County and the Immokalee community; and WHEREAS, County staff has reviewed said application and, having found it complete and the applicant eligible for waiveI', has by Executive Summary recommended approval by the Board of County Commissioners. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: The application for impact fee waiver submitted by PACE Center for Girls, Inc., is approved and grants said waiver in the amount of $42,966.29. Page 1 of2 Agenda Item No. 16A21 October 11, 2005 Page 6 of 11 adoption this _ day of THIS RESOLUTION is adopted after motion, second and majority vote favoring ,2005. A TI'EST Dwight E. Brock, Clerk By: . Deputy Clerk BOARD OF COUNTY COMMISSIONERS COUJER. COUNTY. FLORIDA By: FRED W. COYI.B. CWrman Pnge 2 of 2 Agenda Item No. 16A21 October 11 , 2005 Page 7 of 11 September 8, 2005 Amy Patterson Impact Fee Manager Collier County Development Services 2800 N, Horseshoe Drive. Naples, Florida 34112 Dear Ms. Patterson, Thank. you for meeting with me yesterday. I appreciate your support in seeing the project completed for PACE Center for Girls, Collier at Immokalee. I am writing you to request your assistance in proceeding with the Application for Charitable Organizations Waiver of Impact Fees with Collier County. We are applying for Impact Fee waivers, Broadband Infrastructure grant and Job Creation credits. PACE has purchased the property across the street from our current location on N. 1 st Street in Immokalee and plan to build there as soon as permits are issued. PACE is a 501 tb?3 organization and I am including that paperwork for your records. PACE Center for Girls, Inc. is based out of Jacksonville, Florida. We have been located in lmmokalee since 1998 and are excited about our new center and the impact we will have on the families in Immokalee. This facility will allow us to serve more girls. We anticipate serving 40 girls (24 middle school & 16 high school) by November and increasing to 50 girls in our first year in the new building, It will be a cornerstone for the area and we anticipate it spurring economic development with the expansion of staff and vocational services we will provide. PACE's Mission is to provide girls and young women an opportunity for a better future through education, counseling, training and advocacy. With your help, we can make this dream come true. We currently have a contract with the Collier County School Board to provide an alternative school program to at-risk adolescent females in the lmmokalee community. A COA Certificate was issued for the project on SDP-AR-7378 on 9/7/05. Thank you for your cooperation in this matter. Should you have any additional questions, please feel free to contact me at 239-657-2400. Sincerely, ~r '"1YlA. Executive Director 201 North pt Street, Immokalee, FL 34142 tel: 239,657.2400 fax: 239.657,2409 www.pacecenter.org :1 ' ..,,- .~, ~. . Internal Revenue Service Di~t;,ict Director Agenda Item No. 16A21 October 11, 2005 Page..B of 11 Department of the rreaSUry - '. Date: DEe .... ~ tB85 Employer Identification Number: [j E t' .j " 59-2414492 ~ ~ 1 Accounting Periexl Ending: December 31 Form 990 Required: E::J ,"s 0 No >> Pace Ceriter for Girls, Inc. 1700 Atlantic National Bank Building Jacksonville, FL 32202 Person to Contact: Estella Carr/s~e Contact Telephone Number: (404) 331-4516 File Folder Number: 580065494 Dear .Applicant: Based on 1nto.rlIlation supplied, and assuming your operations will be as stated in your application tor recognition of exemption, we have deterlIlined you are exempt frOlIl Federal income tax under section 50l(c) (3) ot the Internal,Revenue Code. We have further determined that you are not a private foundation ~ithin the meaning ot section 509(a) of the Code, because you are an organization described in section 170(b)(1)(A)(ii) & 509(a)(1)~ If your sources of support, or your purposes, character, or method of operation change, please let us know so we can consider the effect of the change on your exempt status and foundation status. Also, you should inform us of all changes in your name or address. As ot January 1, 1984, you are liable for taxes under the Federal Insurance Contributions Act (social security taxes) on remuneration of $100 or more you pay to each ot your employees during a oalendar year. You are not liable for the tax imposed under the Federal Unemployment ~ax Act (FUXA). Since.you are not a private foundation, you are not subject to the excise taxes under Chapter 42 ot the Code. However, you are not automatically e>:empt from other Federal excise taxes. It you have any questions about excise, emploj~ent, or other Federal taxes, please let us koow. . Donors may deduct contributions to you as provided in section 170 of the Code. Bequests, legacies, devises, transfers, or gifts to you or for your use are' deductible for Federal estate and gift tax purposes if they meet the applicable provisions of sections 2055, 2106, and 2522 ot the Code. The box ehecked in the heading of this letter shows whether you must file Form 990, Return of Organization Exempt from Income tax. It Yes is checked, you are required to file Form 990 only it your gross receipts each year are normally more than &25,000. If a return is required, it must be filed' by the 15th day of the fifth month after the end of your annual accounting period. The law imposes a penalty of. SlO a day, up to a maximum of $5,000, when a return is filed late, unless there is reasonable cause for the delay. lover) "'....-.. Agenda Item No. 16A21 October 11, 2005 Page 9 of 11 Attachment u, This rtiling is based Gn evidence that you have a racially nondiscriminatory policy as to. studencs. Reve.nue Procedure 75-50, 19i5-2 C.B. 587, sets forth guidelines and recoz:dkeeping requirements for determining lofhether private 'school.s hal{e racially nondiscriminatory policies as to stud.ents. To insure your continued exemption, you should main.cain records to shofJ that you are in co~pliance ~ith all or the~requirements of Revenue Procedure 75-50. .. '. '. /' , I ~ DEPARTMENT Of REVENUE 6 , . . Agenda Item No, 16A21 Consumer's Certificate of Exemption I October 11, 2005 DR.14 J Page 10 of 11 R. 10/99 Issued Pursuant to Chapter 212, Florida Statutes ~;- . .. ^_ -'\I; :... Iso {r6:J.:{'~L:JOR'~AM~A.1 ION ,.,' .-' -~. ;x"~Jnp!j,,n Cal~.9o'Y ~ . ..~ :.- . _.~~~~~.,:-;} _...~S~ :,,":' {~-;. "..:_: . ~,-~~ . PACE CENTER FOR GIRLS INC :. ~:~,~~;~~:.~~;f~_~ ~:.-:: -. . --"~. ,:. 112 W ADAMS ST STE.SOO . " JACKSONVILlE FL 32202 ..... .~~~f~?;~, ,... ~ is exempt from the payment of Florida sales and use tax on real property rented, transient' rent~l.p'r:.9P~rtX"re~ted;-tangible personal property purchased or rented. or services purchased. ":~"_:~" '." " Effecllve Date 08/29/06 Expiration Dale 26-00-108443-85C Certlflc::aie Number 08/29/01 This certifies that " " DEPARTMENT OF REVENUE Important Information for Exempt Organizations I DR-14 R, 10/99 1. You must provide all vendors and suppliers with an exemption cert,lficate before making tax-exempt purchases. See Rule 12A-1 ;039, Florida Administrative Code (FAC), orrequest Form DR-97, Suggested Format for Blanket Certificate of Exemption. 2. Your Consumer's Certificate of Exemption Is to be used solely by your organization for your organization's customary nonprofit activities. 3. Your organization's purchases wlll only be exempt when a signed exemption certificate is presented to the seller and payment Is made directly by your organization. 4. Purchases made by an Individual on behalf of the organization are taxable; even if the Indivldual will be reimbursed by the organization. 5. This exemption applies only to purchases your organization makes. The sale or lease to others by your organization of tangible personal property, sleeping accommodations or other real property Is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real property (Rule 12A-1.070. FAC). 6. It Is a criminal offense to fraudulently present this certificate to evade the payment of sales tax. Under no circumstances should this certificate be used for the personal benefit of any individual. Violators wlll be liable for payment of the sales tax plus a penalty. of 200% of the tax, and may be subject to conviction of a third degree felony. Any violation wlll necessitate the revocation of this certificate. ,_ 7: .____J.f_yl?_l!.~~y~._q~~.~l!o~~_~~~,a.rding your exemption certificate, please contact the Exemption Unit of Central . -___~_:__::.:.:._B~gi~.tf~~!~!:Il:~.!.~?Q:~~?:~!.~O. The niailfng aCldress is'SOSO West Tennessee Street, Tallahassee. :.. ---.-.--.: FL'-S2399-01 00. -~-:-..:.~ - - -. -. - -'. --:::-:-.:::::::~::'-_-:- :..:::-::::::::::-=..::- -'.-.-:::::-::: -':---;-'. :':::.-'" --- --.- -- -. -.. - 03/2B/2005 17:53 FAX P~.CE BELIEVING IN GIRLS + COLL~Rmda Item N0Id.11W/10? October 1T, VtOUb ~ Page 11 of 11 3~"" ~ ~i::' :~" "~,~. 1.::."~-:"~ C....,o;' '. :'~. ~~ J;/., ~t~. ~~r;r~_'/~l r;:.,... - -~_..y.Jl.s....:...":,.- ~l :". I . 'I;;'~~-'I''''-'''''--''-'':!;'': \,~~.. >;:~~~"~! :-:;,;; t\;,. ":,,' -T-.Q..:~ ~,:.~~df.~~/:i_:;?~: Florida DepartmeIlt of Agriculture & Consumer Services CHARLES H. BRONSON, Commissioner Tallahassee, Florida March 23. 2005 Division of Consumer Services 2005 Ap.lachee Pkwy Tallahuscc. Florida 323Q9-6S00 Phone: 1-800-HELP.PLA URL: http://www.800helpf1a.cu.lll Refer To: CH43% P.A.C.E. CENTER FOR GIRLS, INC. 1 W ADAMS ST STE 30 I JACKSONVILLE, FL 32202-3644 RE: P.A.C.E. CENTER FOR GmLS, INC. REGISTRATION#: CH432 EXPIRATION DATE: February 13,2006 Dear Sir or Madam: The above-naml:d organization/sponsor has complied with the registrat' n requirements of Chapter 496, Florida Statutes, tbe Solicitation of Contributions Act. A COpy OF THIS L SHOULD BE RETAINED FOR YOUR RECORDS. Every charitable oqpllli.BIion Of sponsor which i. required '" rep'er un~ s. 496.405 _, conspicunusly display the registration number issued by the Department and in capital Jeuers the following statement on every primed solicitation, written confirmation. receipt, or reminder of a contribUt1~O : "A COpy OF TIlE OFFICIAL REGISTRATION AND FiNANC . INFORMATION MAY BE OBTAINED FROM THE DIVISION OF CONSUMER SERVICES BY C ING TOLL-FREE (800-435- 7352) WITHIN THE STATE. REGISTRATION DOES NOT IMPLY E . ORSEMENT, APPROVAL, OR RECOMMF.NDATION BY THE STATE." ~I The Solicitation of Contributions Act requires an annual renewal stat t to be filed on or before the date of expiration of the previous registration. The Department will send a renew package approximately 60 days prior to the date of expiration as shown above. , Thank you for your cooperation. If we may be of further assistance, (please contact the Solicitation of Contributions section. i ! Sincerely, ,t,.ette ;e4f Lynnette Ray . Regulatory Consu1tan~ 850-410.3751 J SOO.-43S-73S2CFlorida Only) E-mail: rayl@doacs.stkte.f1.us fD).o lE ~ 10 WI ~~ ,1IIl [ MAR 2 8 2005 - PltCE.b1AltOFl'\L[ -.J RECE\VING DEPARTMENT Agenda Item No. 16B 1 October 11, 2005 Page 1 of 5 EXECUTIVE SUMMARY 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. 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. ",",'- CONSIDERA TIONS: The Florida Department of Transportation (FDOT) contacted Collier County intending to dispose of a parcel of surplus land. The parcel of land is designated as FDOT Parcel #139, FM #1953651, and Sec/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). 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. 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. Alternative 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. Staff previously made this same recommendation to the Board on July 26,2005 and the Board approved Resolution 2005-271, however, the FDOT now indicates that it will only accept their form Resolution requesting the transfer. Therefore, Resolution 2005-271 must be superceded by the attached FDOT approved form resolution. FISCAL IMPACT: It will cost $27.00 to record the quitclaim deed in the Public Records of Collier County after it is executed. The cost of recording, as well as future maintenance of the parcel, will be from the Transportation Supported Gas Tax fund. Source of funds are gas taxes. GROWTH MANAGEMENT IMP ACT: Acquisition of the property authorized by the attached Resolution is designed to enhance public safety. Thus, the recommendation is consistent with Collier County's long range planning efforts. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: - Agenda Item No. 1681 October 11 , 2005 Page 2 of 5 1. Adopt the attached Resolution; 2. Authorize its Chairman to execute same on behalf of the Board; and 3. Authorize any budget amendments that may be necessary to implement the collective will of the Board as evidenced by the adoption of the attached Resolution and the approval of this Executive Summary. Prepared by. Lorraine Lantz, ROW Coordinator, TECM Attachment: Resolution with Location Map attachment Item Number: Item Summary: MQtlng ON: Agenda Item No 1681 Ocrober 11, 200B Page 3 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1681 Recommendllltion to .dopllli rtlllH,luliol1 authorizing the transf.r or properly from lhto Florid. Department 01 Trll'$portall~n to Collier County tor PUblic curpose Estimat\)d fi&calllnpacr $27.00 '0/'1'20059:00:00 AM 0.0.. Prepared By Lorraine l.Jm~ Tran,porUtlon SONic.," Right 01 W.y Coordln.tor TEeM.ROW 1/18/200611:18:<12 AM 0.,. Approved By Roblllrt W, Tlptcn, P.E, Tran.pcrUtlon 6ervlc.., Tr.fflc OpINatloIU Dlrec.lor Tra"lc Opttration. V120/20012:18 PM Ttl:nsporutlon Planning Olre-c:tor 0.,. 812UZtlOI1Q:155 AM Approved By Donald L. I!lcou. TranapOl'tltlon 6*rviua: Tran.porutlo., Plnnnlng 0... Apprond By Olllrle B. Flag" TransporUUon &.rVlo.. Olreotor of Altctm.tlvlrt Trllll'llpOrLation Moou ATM Dl...ctor Altematlv.lr.n.port..t~on Modes Bi:Z3I2006 (1:.37 PM DlIte Apprond By Jay Ahmad TrlnwpOl1aflon '.rlllIGfUi Director Trllnsportlltlon Enl'lneerlng & Conn'\lcllon M."",gemfnt "281200111:05 AM Kevin H....dr/cltv. Oat.. Apprond By Tran5"po""uon $..,,1100. Right Of Way Aoqul.ltlon Manager Tr"nllpol'Ultlon Englnooring Ind Constn.lction IH26J2DO!l 6:27 PM Approved By Nor." E, Feder. AICP Tranapon.t1on S.....lae' Tranlportatlol'l DIvision Admlniatrator 0,,. TrllMportntlon Service. Admin. 'I27f200fl 10:1:1 AM D,,. Approved By Shlron Newman T r.napartatlon Servloes Accounting &u,.rvl,or Transportation Admlni'tratlon 8127120053:43 PM 0,,. Approved By UaIlTaylor Trllns"ortatlotl Sttrvlul MalHIgement/BUdOfolt An.-lyst Trllnlportatlon Administration 9127120063:45 PM "".. Approved By Pat Lotmhard Tr.nsportJltlon Servln.1I Exoautlvt $<tOret/;lry Tran.portllUon 6I1rv;0., Admin 9/28'200511:34,1lM Admlnl.tnl.ti....(1 Aujtlll1nt "".. 912J120DS 12:..3 PM Approved By OM8 Coordinator County MAn.~r'. emce Omeli' 0' MotnQ'iJMnenl & BUdget Mark'luehon Oat-e Approved By County M.nalJltr', Offto_ Budyet AnalYll Offloe of M.nagament & Budget 912912006 ';0;1. AM Alll1l'fn'ed By MlehMI Smykowslll County Molm.lJ.r'~ am.:. Man_Vllmont ~ Budget DIrector "".. 112&taOD5 3:11 PM O'l'fice of MalUluemllnf & Budget 0... Approved By Leo E, Oc:h.., Jr. 8o.llrd 0' County Commissioners o.."uty County Men.lJer County MlIMIJ.r'5 Offtoe D/30/2005 1:04' PM Agenda Item No. 1681 October 11, 2005 Page 4 of 5 RESOLUTION NO.: 2005 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REQUESTING THE FLORIDA DEPAR'I'M&~T OF TRANSPORTATION PREPARE AND ENTER INTO A TRANSFER OF PROPERTY BY PUBLIC PURPOSE QUIT CLAIM DEED TO COLLIER COUNTY. WHEREAS, the Board of County Commissioners of Collier County, Florida, have concluded that it is in the best interest of the citizens of Collier County for the County to take possession and control of certain property from the State of Florida, Department of Transportation; and WHEREAS, this property is described as Florida Department of Transportation Parcel# 139, FM# 1953651, See/Job# 03010-2554, Parcel Identification Number (Folio Number) 30480040003 (see location map attached as Exhibit "AU); and WHEREAS, this property is to be conveyed for Public Purpose use only as follows: 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 the Board of County Commissioners of Collier County, Florida, does hereby request the Florida Department of Transportation to Quit Claim unto Collier County all right, title and interest in and to that certain property depicted on Exhibit "A", and previously described. DULY PASSED AND ADOPTED this day of , 2005, after motion, second and majority vote, supersedes and replaces Resolution No. 2005-271. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: ZLt J~ C(//~ -Ellen Chadwell Assistant County Attorney Agenda Item No. 1681 October 11, 2005 Page 5 of 5 Location Map EXHffiIT "A" Page 1 of 1 FDOT Surplus Parcel designated as: FDOT Parcel # 139 FM # 1953651 See/Job # 03010-2554 PM Log # 04-94 . Section: 11 Township: 50 Range: 25 Folio #: 30480040003 Acres: 0.47 Address: 3260 Tamiami Trail, East Agenda Item No. 1682 October 11, 2005 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to authorize staff to enter into a Work Order in the amount of $176,548 with Johnson Engineering, Inc. for the design, permitting, and construction engineering and inspection services of the Florida Power & Light (FP&L) Greenway from Rattlesnake Hammock Road to Radio Road, Project # 69081 OBJECTIVE: To receive Board of County Commissioners' authorization for staff to enter into a Work Order for the design, permitting, and construction engineering and inspection services of the FP&L Greenway from Rattlesnake Hammock Road to Radio Road in accordance with the Annual Contract for Professional Engineering Services, Contract No. 01-3290. CONSIDERATIONS: In 2003, Collier County hired the consulting firm of TBE Group, Inc. to study potential new north-south roadway alignments within Naples. Four alignments were studied with the recommended alignment being the FP&L corridor. The study was a planning exercise with the final alignment selected based upon feasibility. The study could not have anticipated the vast public opposition to the new roadway alignment from the adjoining neighborhoods. A coalition of 10 affected homeowner associations formed a group called Community Preservation Association (CPA) to fight the proposal. Subsequently the FP&L corridor was dropped as a potential roadway corridor. - In 2004, the Transportation Alternative Transportation Modes Department contracted with Rails- to Trails Conservancy to complete a Trail Assessment Study of the Florida Power & Light Greenway. During this Study, 61 potentially effected parcels consisting of 53 unique property owners were identified. Of the 53 property owners, direct meetings were held with 44. Of those direct discussions with the underlying property owners, only one had indicated that they would not execute an easement agreement. However, a potential design solution has been offered that would allow the trail to be continuous. In December 2004, the Transportation Alternative Transportation Modes Department contracted with Johnson Engineering, Inc. to complete the survey data for the proposed greenway. This survey has now been completed. On December 14, 2004, the BCC accepted a donation from Florida Power & Light, in the amount of$45,000, to provide funding for the development of the greenway. During the design phase, the crossing of Davis Boulevard and adequate crossing facilities will be formulated. The inclusion of landscaping and trail amenities, such as benches, trash receptacles and mileage markers, will also be considered during the design phase of the project. Meetings will be held with adjoining property owners, together with local, State and Federal agencies, FP&L representatives, and others who may be interested to coordinate and develop a consensus on design issues and goals. FISCAL IMPACT: Funding in the amount of $176,548 is available in Livingston Greenways - (Project No. 69081). Executive Summary FPL Greenway Project Page 2of2 Agenda Item No. 1682 October 11, 2005 Page 2 of 7 GROWTH MANAGEMENT IMPACT: The Florida Power and Light greenway project is in accordance with the goals and objectives of the Transportation element of the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: (1) Authorize staff to enter into a Work Order with Johnson Engineering, Inc., in the amount of $176,548. Prepared by: Trinity Caudill-Scott, Project Manager, Transportation Services Division, Transportation Engineering and Construction Management Department. Attachment: Johnson Engineering Scope and Fee ,.'......... tl:em Number: ttem Summ.ry; _1"11 Dolo: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Agenda 11ern No. 16B2 Octob", 11 , 2005 Page 3 of 7 1082 Recoml'l'1E.!ntIatJQrl to authorize staff t(\ emer into a Work Order in the lmount of 5176.548 with Johnflon EngJnearing. Inc. for the d8$ign, permitting. and construction engmeering and jn,pectlol' sen.'ices Of the Flondlll Power & light {F"P&L) GirGenW8)1 from Rattlesnake Hammoc:k Road to RlIdlo Road, ProJoct tu)90e, 10111/2005 9:00.0D AM - Approved By Ollie A. aethon, P.E. Transportltlon Borvlcltl Prlnlclp.8l1 Projeot Manager Triln,pfll'tation EnglnCll8r1nu and Con.lnlctlnn 8121(20052:33 PM D... Approved By J"y Ahm.d TransportlUcm aervlce. DIrector Tra"sportaUon EnU1".erlng & Construcuon Ma"ag.mont t/tII200S 11 :01 AM ~orrn E. Feder, AICP Om. Approved By TrNllportl(lon Bervlc:.s Tranlportiltion DIvIsion Admtnlstrator Tranllportatlon Servlcc" Admin. If27f200B 10:n AM Approved By aMron Nqwm.an Tran"portltion 6..-vluIi Accounting Supervisor Transport.,UOt'l Admlnlllfr.tlon 0." 9121/2005 ":16 AM Pat LOhnh"rd D... Apllrond By Trllntportlltlon 841rvlo.1iI Ex.cutln Slfcmary Tronsportatjon Servla.. Adml" 912"12001111:43 AM App",ved By OMB Coordlrlltor County M.n~u~r" 0",0. Admini'tratl.... Aulftlin1 omo~ of Management &. &udgftt Da" 112"1.20051.2:4<1 PM a... Approved By Susan Usher County Manager', omo. Senior ManllgemontfDudQtlt Anlly,t Offln. of Man.",emant" Budget 101J/2001112:11l PM Da.. Approved By MIGhtKtI &mykcwskl Counly Mlln{lgor'l Offioe Management & 8udRflt Dlreotor omOtl of Manllpomant &. BuclSllllt 1013120041 :10 PM 0... Approved B~' Jam05 V. Mudd B-o.lId of County Comrnhl.slone" county Manloar County Manauer'. Otnoe 1014f2005 8:47 AM JOHNS . ENGINEERING TO: Trinity Scott DATE: September 15, 2005 FROM: Alison Huber -.A& ~ RE: FPL Greenway Attached to this memorandum please find an updated scope and fee for the referenced project. This has been modified, consistent with our 9/14/05 meeting. Please note that we have added in a special line item to accommodate the FDOT right-of-way permitting at Davis Boulevard. We understand this FOOT permitting will include a drainage exception, a utility exemption and cross-walk construction. Please also note that we have increased the Construction Observation services to accommodate a site observer for 20 hours a week over eight weeks. This is a time and material item and would only bill for the time spent. Please also note that, should Corps of Engineering or any of the other permits noted not be re- quired, the fee can be reduced accordingly. This fee and cost does not include lighting or irrigation plans. These could be added if deemed necessary at a later date. I believe this fully documents your requested revisions to the scope and fee for this project. If you have any comments, questions or require any further information please contact me. Copy: Chris Hagan RECEIVED SEP 1 9 was T.E. & C.M. Dept. H:\JOOOO\091505 FPL Greenway Memo.doc Page J of J 2350 Stanford Court. Naples, Florida 34112 (239) 434-0333 . Fax (239) 434-9320 Agenda Item No. 1682 October 11, 2005 Page 5 of 7 FPL Greenway (Radio Road to Rattlesnake Hammock Road) PROJECT DESCRIPTION: Collier County requires professional engineering services for the site design and permitting of a pedestrian greenway system from Radio Road to Rattlesnake Hammock Road in an existing FPL easement. This spans approximately three (3) miles, and is contained within a 110-foot wide FPL company transmission main easement. The greenway would cross Davis Blvd. and adequate crossing facilities would need to be designed. Landscaping and trail amenities (benches, trash receptacles, mileage markers. etc.) should also be included. The greenway facilities will need to be designed so as to not impact FPL' s use or maintenance of the transmission line facilities. The greenway design will also need to accommodate the appropriate permitting requirements from the local. State and Federal agencies. Special consideration will also need to be given to the adjoining property owners and communities. so that the facilities are adequately buffered. BACKGROUND: A Trail Assessment Study for the Greenway was completed in 2004 which identifies the potential location of the trail and estimated construction costs. A survey has also been completed identifying easements, underground fiber optics. overhead utility lines. guy wires, anchors, poles with appropriate structure numbers. transformers and pedestals along the FPL easement. Both the assessment and survey are available electronically. SCOPE: 1.1 RESEARCH AND PLANNING 1.1.1 This will include meetings with representatives from Florida Power and Light (FPL). Local, State and Federal permitting agencies and adjoining private property owners to review appropriate documents. permits and other requirements for the project design. This will include development of digital and aerial photography in support of the design packages. Attend local meetings for project planning and development. This will include meetings with adjoining property owners, local. State and Federal agencies to coordinate and develop a consensus on design issues and goals. -This will include minor fiel~ey.verification of site condition changes and is limited-- to no more than one (1) week of field crew time. 1.1.2 1.1.3 . -1,..b4 2.1 FINAL DESIGN 2.1.1 Final engineering design and construction drawings will be prepared per Florida Department of Transportation (FOOT) Greenbook standards, as amended; the FOOT Bicycle Facilities Planning and Design Handbook for Shared Use Paths; the FDOT "Project Development and Environmental Manual"; and in general compliance with 'Collier County Right-of- Way ordinances. Agenda Item No. 1682 October 11, 2005 Page 6 of 7 2.1.2 Final greenway design, landscaping and crosswalk at Davis Blvd. will include layout design with the appropriate coordination of Right-of-Way easements, drainage, existing utilities and existing site conditions. 2.1.3 Plan and provide cross-section drawing as needed to convey design and grading intent for construction and permitting purposes. 2.1.4 Prepare County approved bidding and installation construction drawings. Installation construction drawings and technical specifications. 2.1.5 Develop opinion of costs related to the approved final construction drawings to determine if project is within proposed budget. 3.1 PERMITIING 1. U.S. Army Corps of Engineers Dredge and Fill. 2. EPANPDES. B. State Permits ..-. -1. SFW'MD WGrks of the District. 2. SFWMD Environmental Resource Permit. 3. DEP Stormwater Discharge Permit. 4. FOOT Permits at Davis. C. County Permits 1. Right-of- Way Permits. 2. Excavation Permits. 3. Vegetation Removal Permit. 5.1 REIMBURSABLES Provide timeline and benchmarks for deliverables in addition to the attached service/cost matrix. NOT INCLUDED IN SCOPE 1. 2. 3. 4. 5. 6. 7. Easement descriptions or acquisition. Structural Design. Lighting Design. Irrigation Design. Ceet Guard permitting. Submerged land lease permitting. Florida Fish and Wildlife Commission permitting. 10000\091505 FPL Greenway Scope.doc NU')r- CIlO_ <000 ..-Nr- O-~ OJ Z......Cl ...Ctl Ell 0. J!lo ~t5 -00 c CIJ Cl <l: I~-~I~g Iii ~Hli = ~ H ..~~ UH un -I is! ~= .. i 5 ~a b :: :I ~ 1 ~ I :: ~ -I i! Iii =! Q ~ s~ ~ l~ ~ i ~~ w ~ -~ ~. -i II: W ~~ ; >;i ;;! ~_~j:l.I;1 ... ;"Olll g ;;; N ., i !Die "'i~ N N "!i:~ S!1i:!i: l~ . ~ ~ ~Iilal~ ~ lSl~ Gal;!' ill _lISl~ a~ l1i~ii ~;I~ '~I! 1;_ Ill;; Ill;; .. .~ ! ri Ii" ~Ii I l1i ililali ~11l_ -" ~ "g~ ~Ih I~" ~ "I g I~ ..., ~ i ., ., N -! .. II! ... NNN ~c ID!:!IO. .!'l ~ III II i!i:~l!! Ii! IilU!i: l:j ~Ii:!!~ ~!"" !il ~ &I M iI:!!_ i~!~fP) :!~ ~f:1~... ~... ~ Ii: II ~ I~ CI t") ., CD !!R 5! ~ ~ID'" ~_ Ii "Nf'Il"'N N NCIllINN ..-_ ....... i I- I ! I I tli fJwl i 1 f If. t~ I 1 l' ~ !fll till I~; f ~t I I J li~ ~Iftll Illll! ili Iltl! !!Il II Ii __(I ~ ! ~Jf~!i m~~ ~!I~~ ~~Jl II ! ~~~~~~ _~~~..~ ~33 ~333; ~~gg _~~ ~.._-__ ~~~ ~ ~ ~ rl~ .~ .. - .. ~ III :- I I o - I!! ., .. ~ N j .. .. ;:; &I -" ul>Jl Agenda Item No. 1683 October 11 , 2005 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to waive formal competition and approve the lole source purchase of ten (10) above-ground permanent tnmc count stations from South Atlantic Trame, Ine. in the amount of $65,000. OBJECTIVE: To purchase Permanent Traffic Count Stations for measuring real time and historic traffic demand on the County's arterial and collector roadways. CONSIDERA nONS: Transportation Planning Department is seeking to purchase Permanent Traffic Count Stations to measure real time and historic traffic demand on the County's arterial and collector roadways. Currently, traffic counts are obtained from 24 hour volume studies conducted at quarterly intervals and at specific locations throughout the County. With the absence of continuous yearly volume counts within Collier County, seasonal factors obtained from Florida State DOT must be used to generate peak hour peak season volumes and therefore introducing a certain percent error locally. Transportation staff investigated three of the available companies providing above-ground traffic sensor technologies. Wavetronix, the unit offered by South Atlantic Traffic met all criteria set by staff. The following criterion was established for product evaluation: 1. - 2. 3. 4. 5. Capable of measuring speed, volume, vehicle class and occupancy. Must have solar powered all weather above-ground technology and deployed within the available right-of-way. Side-fire technology with a maximum 8-lane detection capability (200ft. range) Capable of remote communication with built-in data buffer for storage of a minimum 30 day capacity. Must operate at a radar/microwave frequency undetectable by commercially available automobile radar speed detectors. After evaluating all 3 (three) products, staff has determined that South Atlantic Traffic, Inc. was the Sole Source for the required product. Staff has successfully completed negotiations with South Atlantic Traffic, Inc. in the amount of $65,000.00 FISCAL IMP ACT: Funds area available in the FY06 budget within the PUD Traffic Counts Monitoring account under the Transportation Services Fund 101. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners waive the formal competitive process and approve the purchase of ten (10) above-ground permanent traffic count stations from South Atlantic Traffic, Inc. in the amount of $65,000 on a single source basis. -- Prepared by: Alan S. EI-Urfali, Transportation Planning Department. Agenda Item No, 1683 OClober 11, 2005 Page2of4 COLLIER COUNTY BOARD DF COUNTY COMMISSIONERS IMm Number: Item Summery: 1683 Recommendatfon t(l approve the sole lOurcl'J purchufj of ten (10) sbo....e-ground perrTlfl:ntlnt Irlffle:: (;ounl statIOns from South AtlantIC TraffIC, ine:: In the flmount of 565,000 10/11120059.00:00 AM MNtlng D.te: Appro\'cd By Donald I.. Seon Transportation Pllnnlng Dlr.omr D.... Tranaport.ltlun ServlO.liI Transportation PII""Ing 9123J2006.4:IID PM Approved By Nlclf Ca5allln~ulQ.a Proje-ct Ml!lnlgllf .,... Transportation S.rvlon Transp.ortsUon PIllnnlng 1/2612005 10:3~ AM Appro"cd By Brenda Brtlhart pureh..lng Agent D... Admlnlatr",t!v68.1'1I14:4I. Purchulng 812&1200114:1-4 PM Approvcd By Rhond. Remblrt CDntJact SpeGlalllt 0." Admlnliltr.,t1v$ Servlc., f1urGha.lng 1/21HZOO& 4:41 PM Apprcwed By Norm E. Fed.r, Alep lran,pOrtllfton Dlylf;lon Admlnl-ltnltor "".. Transportlltlon Slrvic.. Trlln,p('ImNOll a.me.. Admin. 11%11200510:23 AM A pproved By Sharon NewrM:n A DtIountlng Supervllor Dm TransportJltion 8etvie.' Transportation Admlnl,tratll)n "27/200114;44 P'M AI)proved By Mikol HaUOlr AOClUI"ltlon Managllr """ A dmlnl,tratlve Servjo.~ Purchillstng 1/28120051:32 AM Approved B~' Smv. ClIrnell Pure.n..,ingIGanilllral SV41 Dlr.otor D... Admlnlltratlve $mrvl4cni Purcnasln9 1/21/2005 ':43 AM AIJProved B,. Pat Lehohard Eucullve SUnatl"ry "... Tranapottt:rlon ServlGe, Tr'"'portltlon ServlG.' Admin 0128,2()OI 11 ~4' AM Appro\'ed B)I OMB Coordinator Admlni'traUve AlilllBt.nt D... County Mlln..ger'l Ofliu. 0"1118 ot Mana ".mel'lt & aUd".t 9J281.2001 U:415 PM AJI))ro\'ed By Mlahael SmykQW5kl M.nogement J, Budget Director D... County MQnltg.r', OffIo. O"ID. or Mltnegement & Budg.t 10/312005 11:06 AM Approved By Jsmes V. Mudd County Maneg.r D... Board or County County Manager" Of1io. 10/412005 t:23 AM Commlll,lonll" Agenda Item No. 1683 October 11,2005 Page 3 of 4 Memorandum Date: 08/15/05 To: Brenda Brilhart, Purchasing Agent From: Alan S. EI-Urfali, Project Manager Subject: Procurement via Single Source Vender Transportation Planning Department is seeking to purchase Permanent Traffic Count Stations to measure real time and historic traffic demand on the County's arterial and collector roadways. Currently, traffic counts are obtained from 24 hour volume studies conducted at quarterly intervals and at specific locations throughout the County. With the absence of continuous yearly volume counts within Collier County, seasonal factors obtained from Florida State DOT must be introduced to generate peak hour peak season volumes and therefore introducing a certain percent error locally. Basic Terms and Conditions of the purchase: Transportation Planning Staff (user department) have researched the available technologies for continuous permanent count stations and have determined collectively to set forth the following criteria for product evaluation: 1. Traffic sensor must be capable of measuring speed, volume, vehicle class and occupancy. Must be solar powered all weather above-ground technology and deployed within the available right-of-way limits. (Reasoning: In-pavement sensors (magnetic loop detectors) are intrusive with high maintenance cost. New loop detectors must be installed whenever a roadway is resurfaced. ) 2. Side-fire technology with a maximum 8-lane detection capability (200 ft. range). (Reasoning: Maintain low cost as single sensor station vs. multi-sensor station). 3. Traffic sensor must be capable of remote communication with built-in data buffer for storage of a minimum 30 day capacity. (Reasoning: In case of remote communication failure, technician is able to download data at the sensor's local.) 4. Traffic sensor must operate at a radar/microwave frequency undetectable by commercially available automobile radar speed detectors. (Reasoning: To minimize interference and obtain true accurate speed and volume data.) Transportation Staff have investigated three of the available companies providing above-ground traffic sensor technologies. A preliminary quote with specifications was requested and received from certified territory dealers of all three companies, (See attached) An on-site 30 day trial evaluation was conducted for two of the available technologies, R TCP, EIS product and SmartSensor by Wavetronix. The SAS product did not meet criteria # 2. Transportation Planning Department Agenda Item No. 1683 October 11, 2005 Page 4 of 4 Further evaluation of the RTCP, EIS unit reviled the inability to meet criteria #1. The minimum and optimal sensor setback from edge of pavement was determined to be 15 to 17 feet. Most 6-lane County arterials would not accommodate the sensor within the available right-of-way. Also, the unit's operating frequency will trigger and/or interfere with commercially available radar speed detectors. The Wavetronix unit offered by South Atlantic Traffic was the only product that met all criteria set forth by Transportation Planning Staff. Further investigation by staff to whether other State or County agencies have purchased and or utilized said product reviled the following: The Wavetronix SmartSensor has been deployed within FDOT District 4 (Broward and Palm Beach Counties), District 5 (Orange, Vol usia and Seminole Counties). The deployment was part of the State Roadway Improvement Projects where the awarded contractor purchased the required units and applied histher own markup cost. It is of Staffs opinion that Collier County will benefit by purchasing directly from the single source dealership, i.e. South Atlantic Traffic. Based on the research, criteria and evaluation presented above, Transportation Planning Staff is requesting a consideration of a single source purchase as outlined in Collier County Procurement Administration Procedure, Section I1.D. For further information or any additional documentation, please do not hesitate to call and/or e-mail. Thanks. Alan S. EI-Urfali, E.!., Project Manager Transportation Planning Department Enclosed: Temple, Inc Quote for EIS-RTMS unit and cell modem. NazTech, Inc Quotation for SAS-l Acoustic Sensor South Atlantic Traffic Quote for lOW avetronix SmartSensor complete units. Transportation Planning Department Agenda Item No. 1684 October 11, 2005 Page 1 of 8 EXECUTIVE SUMMARY >- Recommendation to approve an Easement Agreement for the conveyance of right-of- way Parcel No. 130 required from Colonnade On Santa Barbara, LLC, for the construction of improvements to Santa Barbara Boulevard (Project No. 62081). Estimated Fiscal Impact: $525,781.50. > OBJECTIVE: To obtain from Colonnade on Santa Barbara, LLC, right-of-way Parcel No. 130 (''the parcel") required for the construction of improvements to Santa Barbara Boulevard (Project No. 62081). CONSIDERATIONS: On October 22, 2002 the Board of County Commissioners approved the acquisition of the right-of-way required for this project (Gift and Purchase Resolution No. 2002- 442). Construction of the road improvements is scheduled to commence mid 2006. The parcel is situated on the northwest quadrant of the intersection of Santa Barbara Boulevard and Golden Gate Parkway. Its value was estimated by the County's approved real estate appraiser to be $455,200 as of June 5, 2005. The difference between the appraised value and the settlement amount of$525,726 represents the expected escalation in the value of the parcel from the date of the appraisal up until the estimated date of condemnation (should eminent domain proceedings have been required to acquire the required right-of-way.) Colonnade on Santa Barbara, LLC, has agreed to the sale of the proposed right-of-way to Collier County at this price. Since the negotiated settlement is at the expected value of the appraisal if updated for an Order of Taking hearing in April 2006, Staff - believes that the amount is justifiable as it will avoid the payment of legal and other experts' fees and ensures that the property owner is not financially prejudiced by entering into an early settlement for the sale of the parcel to County. FISCAL IMPACT: Funds in the amount of $525,781.50 are budgeted in the Transportation Supported Gas Tax Fund and Impact Fee Funds for this payment. This amount includes recording fees of$55.50. Source of funds will be Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: The Santa Barbara Boulevard Project (No. 62081) is part of the County's Capital Improvement Element and is consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Approve the purchase of Parcel No. 130 at the price specified herein; 2. Approve payment to the property owner in the amount specified herein; 3. Authorize its Chairman to execute the Easement Agreement on behalf of the Board; 4. Authorize staff to close the real estate transaction, and to record the conveyance instrument and any curative instruments in the Public Records of Collier County, Florida; 5. Accept the conveyance of the proposed right-of-way; and 6. Authorize any and all budget amendments which may be required to carry out the will of the Board. - PREPARED BY: Robert Bosch: Property Acquisition Specialist, TECM - Right-of-Way Acquisition ATTACHMENT: Easement Agreement Item Number: Item Summary: MINting Date: Agenda item No. 1684 OClobor 11, 2005 rogo 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS MB4 Recommendltion 10 a~prove an Ea&tomtnt Agreement for Ine oonveYln<:e of lignl.of..way Pare,,1 No 130 '8<luir.a from Colonnade On Santa BfHbara. LLC for the conatructiof'\ of lmpro'llflments to Sent, Barbllrl Bouli!'lvard IproJeot No. 62081 J. Estimated rl&callml'lact $525,i81,50 10/1112005 g:OO:OO AM 0... Prepared B)' Robert Bosch Transportation Slllrvl~o' Property AcqulsJUon SptoctaJl.t TranlpOl'teltlon EnU1n..rln" "nd Con.trualion 11128/2005 ):37:52 PM 0... Approved By Jay Ahm/Jd Trans portltion 8MYle.. OIf1lctor TransportaUon Engln..rin9 & Construodon Mafll;liIem.m Bln/zooG 1I:11 PM 0... ApprO\"~ By Kevin H.ndrlcks Tran.portatton e.rvlc.s AlghlOf Way Acqulcltian Manag.r Trllln.portttlon EngineerlnD lI"d Con.tructlon ~12&12004l1:28 PM TransportAtion Olvl.lon AdlnlnlJtr.tor "'.. 91271200S10:211AM Approved By Norm E.. Feder, AICP Tr.nsporgtlon a.rwll.... Tnnllpomtlon e.rVlc.M Admin. "'.. Approved B)' USA Ta)/tor TranllPortatlon ServlC9' M.,".~em..,tl8udlletAna'ylIt Tra".portotion Aclmlnl:Sltltion 1121120051:44 PM 0... Approved B)' Shilf'Qn NeWll1an TrAn,portllfjon So.r\llco, AccountinG Supe-rvhlor Tran,portatlon Admlnl.tr..f1Qn 9127/2005.:31 PM 0... Approved By red Pluc fran.pONt/on 'e,...IIlII, Project M"'lu.l"o:r rranlpartlltt.un Englnurlng ami Construction 8121120057;24 AM 0... Approved By Pat Lehnhaf1i Tran~port.lltlon &Ilrvlo.. Ek.CUtly~ 800ret4r)/ T,ans.poru:tlon Services Admin 11211.200511:4. AM "'.. Approved B)' OMB Coorl'Hnetor Counly Manager'f; omu Admlnl.tratiVt.- Anlstant om". 01 Manao.mentA Budge. tJ2a1200& 1,2:.tti PM Appr01:ed By Su.en Ush.r County MMaoer'. O",CII 8cmior MAnllgcnnont/BudgCtt An.'YI' 01'fjc~ of MIlnQgtm.nt & Budget "'.. 1OJ3/20DS 3:44 PM "'.. Appnn'd By Michell'I &mykowllkl County MAneger', Oft\c.et Ma".g.menl & Budg41t DIrector omcllt 0' MIlnAg4tm.nt.. B\.Idvet 10{...{2005 1:20 AM 0... Approved By Lillo E, Oell:>, Jr. Board 0' County Comlnlnlont". O.puty County ManGO" County Mlmag:.r'c omc. 10/.cf2tlOll1:0J PM Agenda Item No. 1684 October 11 . 2005 Page 3 of 8 PROJECT: Santa Barbara Boulevard PARCEL No: 130 FOLIO No(s): 38170000009 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into on this _ day of , 2005, by and between COLONNADE ON SANTA BARBARA, LLC, a Florida limited liability company, whose mailing address is 2950 Tamiami Trail North, Suite 16, Naples, FL 34103 (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, Purchaser requires a perpetual, non-exclusive Road Right-of-Way, Drainage and Utility Easement 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 "Easement"); and WHEREAS, Owner desires to convey the Easement 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 Easement. 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 Easement to Purchaser for the sum of $525,726.00 subject to the apportionment and distribution of proceeds pursuant to paragraph 9 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 Easement conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and shall be in full and final settlement of any damages resulting to Owner's remaining lands, costs to cure, and all other damages in connection with conveyance of said Easement to Purchaser, including all attorneys' fees, expert witness fees and costs as provided for in Chapter 73, Florida Statutes. 3. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Easement, the execution of such instruments which will remove, release or subordinate such encumbrances from the Easement upon their recording in the public records of Collier County, Florida. Owner shall cause to be delivered to Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form (hereinafter referred to as "Closing Documents") on or before the date of Closing: (a) Easement; (b) Closing Statement; (c) "Gap., Tax Proration, Owner's and Non-Foreign Affidavit; (d) W-9 Form; and (e) Such evidence of authority and capacity of Owner and its representatives to execute and deliver this agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser, Purchaser's counsel and/or title company. Page 2 Agenda Item No, 16B4 October 11. 2005 Page 4 of 8 4. Both Owner and Purchaser agree that time is of the essence of this Agreement and that, therefore, Closing shall occur within sixty (60) 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 Closing Documents to Purchaser in a form acceptable to Purchaser. 5. Owner and Purchaser agree to do all things which may be required to give effect to this Agreement immediately as such requirement is made known to them or they are requested to do so, whichever is the earlier. 6. 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. 7. Owner agrees, represents and warrants the following: (a) Owner has full right, power and authority to own and operate the property underlying the Easement, to enter into and to execute this Agreement, to execute, deliver and perform its obligations under this Agreement and the instruments executed in connection herewith, to undertake all actions and to perform all tasks required of Owner hereunder and to consummate the transaction contemplated hereby. (b) Purchaser's acceptance of the Easement shall not be deemed to be full performance and discharge of every agreement and obligation on the part of Owner to be performed pursuant to the provisions of this Agreement. (c) No party or person other than Purchaser has any right or option to acquire the Easement or any portion thereof. (d) Until the date fixed for Closing, so long as this Agreement remains in force and effect, Owner shall not encumber or convey any portion of the property underlying the Easement or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Easement, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement, which consent may be withheld by Purchaser for any reason whatsoever. (e) There are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Easement. (f) Owner has no knowledge that there are any suits, actions or arbitration, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affect the Easement or which adversely affect Owner's ability to perform hereunder; nor is there any other charge or expense upon or related to the Easement which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. (g) Purchaser is entering into this Agreement based upon ,Owner's representations stated in this Agreement and on the understanding that Owner will not cause the physical condition of the property underlying the Easement to change from its existing state on the effective date of this Agreement up to and including the date of Closing. Therefore, Owner agrees not to enter Into any contracts or agreements pertaining to or affecting the property underlying the Easement and not to do any act or omit to perform any act which would change the physical condition of the Page 3 Agenda Item No. 16B4 October 11, 2005 Page 5 of 8 property underlying the Easement or the governmental ordinances or laws governing same, (h) The property underlying the Easement, and all uses of the said 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 underlying the Easement except as specifically disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on the property contiguous to or in the vicinity of the Easement 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 underlying the Easement; b) any existing or threatened environmental lien against the property underlying the Easement; or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the property underlying the Easement. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and 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 any of Owner's representations under paragraph 7(h). This provision shall survive Closing and is not deemed satisfied by conveyance of title. 9. Purchaser shall pay all fees to record any curative instruments required to clear title, all Easement 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 underlying the Easement; 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. 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 underlying the Easement 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 underlying the Easement before the Easement 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 Easement by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and this written Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. No modification, amendment or consensual cancellation of this Agreement shall be of any force of effect unless made in writing and executed and dated by both Owner and Purchaser. Page 4 Agenda Item No. 16B4 October 11, 2005 Page 6 of 8 13. Should any part of this Agreement be found to be invalid, then such invalid part shall be severed from the Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and not be affected by such invalidity. 14, 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. 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 O~~~T: ... DATED:~ COLONNADE ON SANTA BARBARA, LLC, ::Ior~~~ Athina L. Kyritsls, anaging Member nature) Name: "O\V\n ~\~ (pnnt~ 1-( ~ Witness (Signature) Nama: &u lu~ (Print or Type) - :> Witness (Signature) Name: /4",- ;;f(~ (Print or Type) Approved as to form and legal sufficiency: /~vet~ Ellen T. Chadwell Assistant County Attorney ~ LEGAL DE$CRIPTlON: SEE SHEEr IJOA . " .',,::" '.< ' .;~,~~li~'1 " . PREPARED . {ir,. KfL ONli, i '" , I LANe '. T . 'fl. P , ,r: ilL SURveYOR .t MAPPER FL6RIOA:,R[,OjsmA . L~ ,fS627 , ' .... . I'" NOT VA4iD: 1J/ili.tss 'SI(;NfQ BY, THe SURVE:YOR AND SEALeD, WI mJH!: '$(jRVE]OR'S eM80SS,D SEAt C[/mr";CArE: O/,~iJ[HO'!iZ117ON'LB-43 PROJECT NO.: 620af f 30 Wil.nMilltii'N'~~-' I'lIi>Wo . ~ . E!ct>Ilg/II, . _)'In . ~ Ard'iI..~ . T~."", c-iJlttU WlocnYler. Inc. ,.,.. . ~ l+Wr . ..... . _ . ,_ IIlICBrillt.n...m'~__'''''' _.",_.- ...-,- \ I ! I ~ I \ I I I : I ) I ~ 350.00' (PLA T) ~nda I~S4 nt OCtrIber 11, 2005 Page 7 of 8 ~ I o 25 50 IDO 200 GRAPHIC SCALE " ~~ $:l~ ~~ ~~ ~~ ;ll-' ~~ COLDEN GA TE ESTA TES UNIT 30. PLA T BOOK 7. PACES S8 112 EXHI IT A ~. Page-tLof :2 ~ :.. -:::l PROPOSED PERPETUAl. NON-EXaJJS'E ROAD R.aw., DRAINAGE. AND U'f1UTY EASEMENT .480 SQUARE FEEr 11 1.1 111 PROPOSED R.o. W. EASEMENT - EAST LINE OF SECTION 29 SANTA ( ... NOT A SURVEY... LEGEND: ~""" "'" ~~ f{/f.~N~AS[M[NT ~ PROPOSro R.O. w. EASEMENT R.O.W. = RIGHT OF WAY P.O.B. '" POINT OF BEGINNING P. O. C. - POIN T or COMMENCE MEN T O.R.B. - OmCIAL RECOROS BOOK fEAJIINGS AM,..!tO ON _111 :""Jtw:.f~Jj,/~rr SISIl'M (CIIID; rCl/ nCl/illol CAsr lrN. C,IENT: COt.UER COUNTY TRANSPORTII TJON, ENGINEER/Nt: .. CONSTRUCTJON UANIlQENENT DIVIS/ON T1T\.t, SKETCH OF DDCRIPTJON BeiNG PART OF TRACT 712. COLDEN CA TE: ESTA TE:S UNIT 30. PLA T BOOK 7. PAGE 058, COLLIER COUNTY, FLORIDA DATtl PROJECT NO.: SNt NUUBtA: FII.,C NO.: 04/2002 N6022-002-010-TDHWP 130 OF' xxx 200-203 Nav 1J, 2002 - I I: 29: OJ LMILLERIX: \SU~\N60n\Sk.tch 01 De.criptlon.\Submlll.d\2~~20Js130.d"9 Agenda Item No. 1684 October 11, 2005 Page 8 of 8 LEGAL fJESC!J1P'QPN ALL THAT PART OF TRACT 112, GOLDEN GATE ESTATES UNIT 30, PLAT BOOK 7, PAGE 58. COLLIER COUNTY. FLORIDA, AND BEING MORE PARnCULARL Y DESCRIBED AS FOLLOWS; COMMENCING A T THE NORTHEAST CORNER OF SAID TRACT 112, A POINT ON THE EAST LINE OF SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COWER COUNT'(, FLORIDA.. THOVCE ALONG THE NORTH LINE OF SAID TRACT SOUTH 89'31'51# WEST 91.00 FEET TO THE POINT OF BEGINNING: THENCE LEAVTNG SAID NORTH TRACT LINE SOUTH 00'01'35" EAST 217.50 FEET,' THENCE SOUTH 89'31'51. ~ST 152.42 FEET TO THE ~ST LINE OF SAID TRACT; THENCE ALONG SAID weST TRACT LlNf NORTH 00'28'36" WfST 9.16 FEET: THENCE LEAVING SAID weST TRACT LINE NORTH 89'31'31" EAST 618.02 FEET,' THENCE NORTH 35V4'00" EAST 113.51 FEET; THENCE NORTH OOV7'3S" weST 115.88 FEET TO THE NORTH LINE OF SAID TRACT,' THENCE ALONG SAID NORTH TRACT LINE NORTH 89'37'51" EAST 69.00 FEET TO THf POINT OF BEGINNING. CONTAINING 28,450 SQUARE FEET MORE OR LESS. SUBJECT TO EASEMENTS & RESTRICnONS OF RECORD. EXHIBIT ' A Pa~ 2. of:/. - ;'" ."..... LAN l . 'r./?, , k!nm "" MAPP,R Fl.dRIO~'. 'E:(;/$TRA LS 156'27,/ I'. ',' .0 ... 'Nor VALIO'U"!{!SS SIGNfO: BYJf'Hr SURveYOR AND S[~l(O 'Ir11/i .'!!t .'S'Ui?~t'oR'S EMBOSSEO SEAL. I , .".f' \ '.' ...-........ _, . ~flfrtF7,C~7:f Clf,i Aunf.f?I!'~A TlON I LB1..4J .. . .~'" . . . . . '. 11I:_ << IAJrD ON NCIlIH =,r,::r~'~TC ItS/rlI I(I1!/()J fT)// 11-.0 tAlr lCIft. ... NOT A SURVEY ... PROJECT NO., B2081' ':' ; PAIlCEI. NO. '1JO CUE,,": COUJER COUNTY 7RANSPORTA l70H fM.~.'M.~1 -..."...- ENatNEERINQ It: CONSTRU, CTlOH IAANAtJENEHT DI\IISI, ON r. ,. ra, TtTL/:, LEQAL DESCRIPTION .l .J Vl BcING PAffT OF TRACT rr2, ............ S\:iMNrr. ~. atwyon .lMI<lIoo.Ipo-..,q. ".~,..,Oono<IonII COLOE:N CA Tt: rSTA Tt:S UNIT JO, PLA T SOD/( :t, PAcr'~ '. IWICltMIIf,l'1c. COLLlc" COUNTY, FLORIDA ""'fIIf"'_'_'"" II< I R CT NO., SHUT NlAl I riLl NO.' .mJBlIoy~"IQl'NrollIIC_IIIlHill"_~'FIr_'iIIaHIo..._... 04/2002 N6022-002-010-TOHWP I.JOA Or XXX 200-20:1 Noy 13, 2002 - 11:39:34 LMILLERIX:\SUR\Ne022\Sketch Of D..crlpt;on.\Submill.d\209203"30A,d~g Agenda Item No. 1685 October 11, 2005 Page 1 of 3 ,- EXECUTIVE SUMMARY Recommendation to waive formal competition and approve a sole source purchase of "Cartegraph VERSAtools" computer software for development of a right-a-way database management system for the Collier County Transportation Division. Fiscal Impact: $30.000.00. OBJECTIVE: To approve the purchase of software licenses required for the design and use of a new database application which will accurately collect project and parcel costs, streamline the preparation of legal instruments, provide access to right-of-way data via GIS (both historical and on projects in-progress), produce "exception" and "tickler" reports to better manage acquisition efforts on projects, and which will provide staff with the capability to respond to specialized queries concerning both the historical cost to acquire right-of-way as well as to examine trends for use in estimating future costs. ,....-..... CONSIDERATION: The Transportation Right-of-Way Acquisition Department has contracted with Ayres Associates under the fixed-term GIS professional services contract to develop a database application. Concurrent with this, ROW Department staff has been seeking to acquire a software solution that will automate and integrate many of the functions associated with Right-of-Way acquisition and management. Accordingly, staff searched for, but were only able to find three products that could possibly meet the Department's defined business needs. Staff conducted full demonstrations of each product and determined that a solution proposed by the County's GIS contractor, Ayres Associates and their subcontractor Data Transfer Systems (DTS) is the only solution capable of utilizing the Department's existing document forms without incurring substantial expense and/or having to significantly alter current business practices. The County would engage DTS (through Ayers) under the GIS agreement to develop the solution using Cartegraph VERSAtools as the development tool for this project. Cartegraph Corporation is the sole provider of this software tool and Staff has determined that this software meets the specialized requirements for the Right-of-Way Department. VERSAtools software is licensed on an individual user basis requiring each staff person in the Right-of-Way Department to have a copy installed on their computer for interactive use of the database, i.e., data-query and report I document creation. The Right-of-Way Department currently has eleven staff positions that will require a VERSAtools license. Since Collier County already owns other modules of the Cartegraph system, staff negotiated a significant discount on the price for each license. The customary fee for 11 licenses is $66,000; Cartegraph has agreed to sell II licenses for $30,000 including the first year maintenance. Subsequent year's annual maintenance is $7,500. FISCAL IMPACT: Funding in the amount of $30,000 is budgeted for the software in Fiscal Year 06. The source of the funds is Transportation Supported Gas Tax Fund (313). The cost of the development services is estimated to be $62,054.00 and would be authorized under the annual GIS services agreement. -- Agenda Item No. 1685 October 11 , 2005 Page 2 of 3 GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact resulting from this action. RECOMM~NDATION: That the Board of County Commissioners of Collier County, Florida: Waive formal competition and approve the sole source purchase of eleven software licenses of VERSAtools from Cartegraph Corporation. Prepared by Kevin Hendricks, TECM Right-of-Way Manager n.m Numb,,: ttem Summary: Pftetlng D..: Agenda 11em No. 1665 OCTober' 1, 2005 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1565 Recommendation to walvllformll competition and approve 8 sole ,o!Ju:e purchesIJ or Cart_graph VERSAtoola computer software for development pf a righ1-e~way da11!lPilIlie m8negamenl system for the Colfier County Tranapor1etlol'l Olvlt,ron. FI$csl1mpact $30,000,00 10" 112005 9.00'.00 AM D... PRparcd By Kevin HlK1drlck. Tran..portatjon S.rvl~5 RI9ht or Way Acqul.IUon MIIMgor lran.portallon EnglnMrlng and Con.tructlon IU:!:6/2001i 04:30:33 PM D... Approved By J.rty Ahmad Tr*,.potUltion Sftrvtcu Dlnlctor nanliportation Engln..,lnlJ & Construotlon MalUlgement 9/2612000 11:12 PM Kevin H.ndrh~~5 D... Approved By Tran5pottatton Servltlu Alr:Jht Of Woy Acquisition Msna"er TranlpOl'tatlon Engln..rln" ..nd C&:Inuructlon 'ilol2a/2006 ~:'B PM Approved By Norm E. Fedtir, AICP TrllnspCtrlltlon Servlo.. Transportation mvllllon Administrator "".. Tra"lportatJon 8arvloell AdMin, lun/2006 10;28 AM MI"J,gementJBudget Analyst "".. '121/2:006 <1:33 PM Approved By Lilla Taylor TrallsportlUon S.,....,o.. TMln,portetion Admlnl$tratlol\ Data Apl)rOv~d By Snaron Newman Tflmapomtlon Sortle9G AD'Cftluntlno Sllptr~\ilor Tran.portlltion Adminlatratlon 9/28(200511:23 AM D... Appro\'(~d By MIke tllluer Admfnl5tratlv~ 8erlllc.. Acqutsltion Mat\4:l0er Purehftlliing '/28/20D8 11:(1 AM Purchlsln9lGillheral Bvc& DlrlHllor D... Approved B" St.VI! Carnell Admlnlf.trlllve Servloot PurchllJing &121(2005 ':64 AM I:X8CUtlVfl aeeretary 0... 9/28/2'001511;82 AM Appro,'cd By Pat L.hntllm~ Tr""llponalh:an liie'/'viC.S lransportlJtlon Servlcell AdmIn D... AppnJ\fcd By OMS Coordlt\Ator CountY MIl1'l8ger'So OtrlD'. AdmlnluratlV& AUlaUlnt O"lot of' Manag.mont & BUd"et DI2812Dl)~ U~4t PM D... Approved By Stllia" Ulitler County Mllnagitr's Offtce Senior Mlnlg.mentf9udget Analyst Office &:If Manargament &. BudgGlt 101312006 <1:43 PM D... Approved By Mlchnl Srnvkowskl County M4nagfllr" Ot'lh:. Management & Budget Olreotor om~ uf M/lInaVltmll'nt & Budget 10/4/20008:12 AM Michael BerriOfl D... Appnn:cd By Admlnl.tnltlvl) S.rvlO.S Network Operlltion. M~na:g.r II11orrnAUon T.ahnology 10/4/200& 3:48 PM Approved By Len Golden Price Admlnllltr,.tllI.8V1'ViC4!lS Admlnlltrllltlv"S",v!en Admlnl$lrtltor D... Adl'l1tnl.trlltlve 8.rvl<:1l. Admin. 10(4/2000 11:01 PM D." Appn)ved By J;/Im,:11 V. Mudd Board (If C<t\.lnt)/ ConlmlulOMrl CC,lUnfy Mllnav., County M/lnlllge-r'a om". 10/<llZOO!i ':08 PM Agenda Item No. 1686 October 11,2005 Page 1 of 18 - EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners (1) approve a Resolution authorizing the Chairman of the Board of County Commissioners to execute a Local Agency Program Agreement with the Florida Department of Transportation in which Collier County would be reimbursed up to $500,000 of the total estimated cost of $642,500 for the design, construction, engineering and inspection of Sidewalks - Various Locations and (2) approve future fiscal year annual costs of sidewalk maintenance. OBJECTIVE: To obtain approval from the Board of County Commissioners for a Resolution approving the attached FOOT Local Agency Program (LAP) Agreement in the amount of $500,000 for the construction of Sidewalks - Various Locations and to approve Collier County's contribution of$142,500 and annual maintenance costs. CONSIDERATIONS: The Florida Department of Transportation (FOOT) is willing to enter into a Local Agency Program Agreement with Collier County, wherein FOOT will reimburse Collier County up to the sum of$500,000 for the construction of Sidewalks - Various Locations. Collier County's contribution toward the design and construction would be $142,500. For locations see Exhibit "A". - FISCAL IMPACT: A budget amendment is needed to recognize funds in the amount of $500,000 and appropriate in the pathways project # 690822. A budget amendment is needed to transfer funds in the amount of $142,500 from the Pathway Project # 69081 and appropriate in the pathways project. The annual increased maintenance cost of the Sidewalks - Various Locations segments by Road Maintenance Department is estimated at $3.56 per sq. yd., per year, and would reflect as a budget increase in each fiscal year as needed. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDA TION: That the Board of County Commissioners: (1) Approve a Resolution approving and authorizing the Chairman of the Board of County Commissioners to execute the attached Local Agency Program Agreement with the Florida Department of Transportation in which Collier County would be reimbursed up to $500,000 of the total estimated cost of $642,500 for the design and construction of Sidewalks - Various Locations; (2) approve of $500,000 and the County's contribution of $142,500; (3) approve future fiscal year annual costs of sidewalk maintenance; and (4) approve the necessary budget amendments. Prepared By: Trinity Caudill-Scott, Project Manager, Transportation Services Division, Transportation Engineering and Construction Management Department. Attachments: 1) Exhibit "A" Sidewalk Locations; 2) Resolution; 3) FOOT Lap Agreement FM # _, 415546-1 ttIIm Number: ttem Summtlry: M..ting Date: COLLIER COUNTI' BOARD OF COUNTY COMMISSIONERS Agenda ltern No 15B6 October 11, 2005 Page 2 ot 16 1686 Recommendatioll that the Board of County COITlmisalonllrs (1) .ppro.....e a Resolution illlthoriZlng the. Chajrmen or thfl Board of Counw Commtuionerl to e'Xecute a LCtctl Agen!::)' Program Agreement with the Stllte Deplrtmen1 of Transportation in which Collier County wpuld be re-irnblJlSed up to $500,000 ofth. tOI,l eltirmllted cost or $642.500 for the dlulgn, construction, enginuri"" Bnd Inlpection of Sld8wIHc$ Various Loe.tions and {2\ approve future fi,clI' year annual eosu of Ildewalk maintenance 10'11/20059"00:00 AM om Approved By JIIY AhmAd Tr41llportaUon Services Dtreotor Tr..n$pomtlon EnglnHrlnQ' '" Conatruobon Man.g.mont Jel'fKlatzkow 171/.26120085:09 PM Approv" By County Attom.y Anlttam CDunty Attorney CQunty Attorney OMoe 0... tJ/'27(2001':11 AM Approved B,y Norm E. Feder, AICP Trtnsportatlon S.rvlc.s Tren"por14tion Dlvllllon Admlnll"rratar Transportation S8I/"lIlces Admin. "".. 9127W06 10:27 AM D... Approved B,. Sharon N<<twmRn Trtnsptll'tlltion S"Yloes: ACc.ountJn, Supervisor l'ranspotUltitJn Admlnl>>uatlon 0/28/2006 C:13 PM 0... Approved By Pllt llllhnhllrd TrantpOt1ltiDn S.......lc.. Executive Becratary lrAnspDrtatlan 5.1'\/10.5 Admin '/28/2006 4:48 PM """ Approved By OMS CoardlnJltor County Mlln.ctger'6 Office Admlnillltratiw AtratlllJlnt omc. or Managelu.nt & Budget \lIt29f2DOG 8:20 AM "".. Approved B,y Sun" U.har County Mlnaglr'$ Olno. a.nlor MllntlQementJBudgtt Analy.t OtTiCt of Man.lptllMnf" 8udget 1013f20M 6;02 PM Michael Smykomkl ""'" Apprm1ed By C()unty M..'Rg....$ Offi"a Management" 8uc:llJef DIrector omc. Dr Management & BUdge I 10f4fZOOtill;3' AM Apl,roved B,y leo E. OChli, Jr, Board Of County C ornmtnlon.... D.puty County Manager COLlnty MAIl.ger', Oftlce Oat. 1014f200510;36 AM Agenda Item No. 1686 October 11 , 2005 Page 3 of 18 "Sidewalks - Various Locations" Exhibit "A" Construct sidewalk segments at locations as indicated below: 1. 5th Street South from West Delaware Avenue to Eustis Avenue. 2. 111 th Avenue North from 8th Street to Naples Park Elementary School. 3. Jennings Street from Georgia Avenue to Texas Avenue. 4. Jennings Street from Georgia Avenue to Floridan Avenue. 5. Texas Avenue from Broward Street to approximately 220' south of the intersection of Texas Avenue & Fleming Street. 6. Alladin Lane from Thomasson Drive to Sugden Park. 7. Poplar Way from Lombardy Lane to Alladin Lane. Agenda Item No. 1686 October 11. 2005 Page 4 of 18 RESOLUTION NO. 2005 . A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COll.1ER COUNTY FLORIDA, APPROVING, AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS TO EXECUTE. A LOCAL AGENCY PROGRAM AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE CONSTRUCTION OF SIDEWALKS AT VARIOUS LOCATIONS WITH THE COUNTY. WHEREAS, the State of Florida Department of Transportation (FDOT) is willing to enter into a Local Agency Program Agreement .("Agreement) with Collier County, wherein FOOT will reimburse Collier County up to the sum of $500,000 out of an estimated $642,500 total project cost for the construction of sidewalks at the following locations within the County: 1. 5th Street South from West Delaware Avenue to Eustis Avenue. 2. III th Avenue North from 8th Street to Naples Park Elementary School. 3. Jennings Street from Georgia Avenue to Texas Avenue. 4. Jennings Street from Georgia Avenue to Floridan Avenue. 5. Texas Avenue from Broward Street to approximately 220' south of the intersection of Texas A venue & Fleming Street. 6. Alladin Lane from Thomasson Drive to Sugden Park. 7. Poplar Way from Lombardy Lane to Alladin Lane. WHEREAS, the Collier County Board of County Commissioners finds that it is in the public interest to construct these sidewalks, and that this Agreement is in the best interests of the citizens of Collier County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COlLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners approves, and authorizes its Chainnan to sign, the attached Agreement. 2. The Collier County Clerk will forward a certified copy of this Resolution to FOOT along with the Agreement for execution by FOOT. 3. This Resolution shall take effect immediately upon adoption. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this day of , 2005. A TIEST: DWIGHT E. BROCK., Clerk BOARD OF COUNTY COMMISSIONERS OF COll.IER COUNTY, FLORIDA By: By: , Deputy Clerk FRED W. COYLE, Chainnan Ap fonn and legal sufficiency: Agenda Item No. 16B6 October 11, 2005 Page 5 of 18 State of Florida Department of Transportation LOCAL AGENCY PROGRAM AGREEMENT 625-Q10040 PROJ MeT, RESEARCH & OEV OFC (lGO.11/03 Page 1 of 12 FPN No 415546-1 Fund: XU FLAIR Approo: Federal No: Org. Code: 55014010106 FLAIR Obj.: FPN. No Fund: FLAIR Approp: Federal No: Org. Code: FLAIR Obj.: County No. 03 Contract No: Vendor No.: F 5960005581 02 Catalog of Federal. Domestic Assistance.(CFDA):. 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this . day of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. an aoencv of the.State of Florida. hereinafter called the Depaqrnent, and Collier County: 2671 Airport Road, Naores. Florida 34112 . . hereinafter called the Agency. . WIT N E SSE T H: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Departnient has been granted the authority to function adequately in all areas of appropriate jurisdiction including the Implementation of an integrated and balanced transportation system and Is authorized under Section 334.044, Florida Statutes to enter Into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: . 1.00 Purpose of Agreement: The purpose of this Agreement Is to provide for the Department's participation in Bike Path/Sidewalk and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the project, and to provide departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the. project will be undertaken and completed. 1.01 Modifications and Additions: Exhlblt(s) A,B are attached hereto and by this reference -made a part hereof. 2.00 AccomJ)llshment of the Project: 2.01 .General Requirements: The Agency shall commence, and complete the project as described In EXHIBIT "A" with all practical dispatch, in a sound, economical. and efficient manner; and in accordance with the prOVisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by ~his reference Is made a part hereof as if fully set forth herein. A full time employee of the Agency. qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 121~9/2006 If the Agency does not complete the project within this time period, this Agreement will expire on the last day ofscheduled completion as provided In this paragraph unless an extension of the time period is requested by the Agency and granted In writing by the Department prior to the expiration of the Agreement. Expiration of th'is Agreement will be considered termination of the project. The cost of any work performed after the expiration date of the Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State) and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency. wiH initrate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary, including Federal-aid requirements, to enable the Agency to provide the necessary funds for completion bfthe project. Agenda Item No. 16B6 October 11 , 2005 Page 6 ef~-40 PROJ MOT. RESEARCH & OEV OFC . OGC-11J03 P8982of12 .05 Submission of Proceedings, Contracts, and Other Documents: The Agency .shall submit t~ the Department such data, reports, records,contrcicts; and other documents relating to the project as the Department and the Federal Highway Administration may require. 3.00'Projec1 Cost: 3.01 Total Co~t: The estimated total cost of the project Is $ 500,000.00 . This amount Is based upon the schedule of funding in Exhibit "B" attached.hereto and by this reference made a pai't hereof. The'Agency agrees to bear all expenses In excess. Of the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as, provided for In paragraph 4.00 of this agreement. '. . . 3.02 Department Participation: The Department agrees to participate, Including contingencies, In the project cost to the extent.provided In Exhibit "B". This amount Includes Federal-aid funds which are limited to the actual amount of Federal-ald participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from 'the date of this Agreement. It is underStood that Department participation in eligible proJect costs Is subject to: . a) Legislative approval of the Department's appropriation request In the work program year that the project is scheduled b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent _ upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, unds approval from the Department's Comptroller must .be rf3celved each fiscal year prior to costs l:>elnglncurred. See Exhibit B for fundIng levels by flscal year. Project costs utilizing these .fiscal. year funds are not eligible for reimbursement if Incurred prior to funds approval being received. The Department will notify the Agency, in Writing, when funds ar~ available. 3.05 Multi-Year Commitment: In the event this Agreement Is. in excess of $25,000 and has a term for a period of more than one year. the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The department, during any fiscal year, shall not expend money, Incur any liability, or enter Into any contract which, by its terms, Involves the expenditure of money in excess of. the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money.may be paid on suchoontract. Thedepartmerit shall require ast8t.~ment from the comptroller of the Department that funds are available prior to entering into any such contract or other bl.nding commitment of funds. Nothing herein contained shall prevent the making of contracts for periOds exceeding 1 year, but any contract so made shall be executory only for the vallie of the services.to b~ rendered or agreed to be paid for lri succeeding fiscal years, and this paragraph shall be incorporated verbatim In all contracts of the Department which are. for an amount in excess of $25,000 and which have a term for a period of more than 1 year." . 3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed from the Department. 3.07 Limits on Federal Participation: Federal~ald funds shall. not participate in any cost which is not Incurred In conformity with applicable federal and state law, the regulations In 23 C.F.R. and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid on. account of any cost Incurred prior to authorization by theFHWA to the Department to'proceed with. the project or part thereof involving suph cost. (23 CFR 1.9 (a)). If FHWA or the Departr:nEint determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported. the. Department shall notify the Agenc~ in writing citing the reasons why Items and amounts are not eligible for Federal participation. - Where correctable non-complianc~ with provisions of law or FHWA requirements exists, federal funds may be withheld Jntil compliance is obtained. Where non-compliance is not correctable,FHWA or the Department may deny participation in parcel or project costs in part or in total.' Agenda Item No. 1686 October 11 , 2005 Page 7 sfs.:b&-40 PROJ MGT. ,RESEARCH & DE\! OFC OGC -11/03 Page 3 of 12 For any amounts determined to be Ineligible for federal reimbursement for which the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding, shall be prepared by the Agency and approV~ by the Department. The Agency shall maintain said schedule of funding, carry out the project and shall Incur obligations against and make disbursements Of project funds only in conformity with the latest approved schedule of funding for the p,roject. The schedule of funding may be revised by mutual written agreement between the Department a,nd the Agency; If revised, a copy of the revision should be forwan:led to the Department's Comptroller and to the Department's Federal-Aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requiremel"lts established in Exhibit "B" of thl~ Agreement and is approved by the Department's Comptroller. .' 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five(5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the Agency's general accounting records and the . project records, together with supporting documents and records, of the Agency and all subcontraotors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five(5) year period, the records shalf be retained until all litigation, claims, or audit findings Involving the records have been resolved. ' 5.02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Co!;ts in ,excess of the latest approved schedule of funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the natLireand propriety of the charges. 5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annually usinQ the followlns:) criteria: Federal awards are to be idenijfled using the Catalog of Federal Domestic Assistance (CFDA) title, and number, award number and year, and name of the awarding federal agency. State awards will be identified using the Catalog of State FinanCial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency. In the event that a recipient expends $300,000 or more in federal awards in Its fiscal year, the recipient must have a, single or program specific audit conducted in accordance with' the United States Office of Management and Budget (OMB) Circular A-133. If a recipient expends less than $300,000 In federal awards during Its fiscal year, an audit conducted in accordance with the OMB Circular A-133 is not required. If a recipient expends less than $300,000 in federal awards during Its fiscal year and elects to have an audit conducted in accordance .wIth OMB' Circular A-133, the cost of the audit must be paid from non-federal funds. Reporting Packages and management letters generated from audits conducted In accordance with OMB Circular A-133 shall be submitted to the awarding FDOT office, by the recipient, within 30 days of receiving it. The aforementioned Items are to be received by the appropriate FDOT office no later than 9 months after the end ofthe recipient's fiscal year. Agenda Item No. 16B6 October 11, ~()..IIQ PROJ MGT.~o1&OFC OGO -11103 Page 4 Dr 12 "he recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit finding Is required. Current year audit findings require corrective action and status offihdlng. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute Is resolved. Access to project records and audit work pa'pers shall be, given to the FOOT, the Comptroller, and, the Office 'of the Auditor Ge,neral. . , The recipient shall submit required audit documentation as follows: A Reporting Package and Data ColleCtion Form for each audit conducted In accordanCe with OMB Circular A-133 shall be sent to: ' Federal Audit Clearingh~use Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of the Federal Highway Administration to inspect all work, workmanship, materials, payrolls, records and to audit the books, records and accounts pertaining to the financing and development of the project. :he Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor, to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received In conjunction with this Agreement. (Section 287.058(1)(c). Florida Statutes) 5.06 Uniform Relocation Assistance and Real Property Statistical R-eport: For any projeQtrequiring addltlona. right of way, the Agency must submit to the Department an annual report of its real property acquisition and re1ocatlon assistance activities on the project. Activities shaUbe reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 CFR 24. Appendix B and be submitted to the Department no later than October 15 each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensatlon for services or expenses Incurred shall be submitted in'detall sllfficient for a properpr&-audlt and post-audlt thereof. (Section 287;058(1 )(a), Florida Statutes) . .. All reoipients of funds from this agreement, including those contr.acted by the Agency, must submit bills for any travel expenses. when authorized. by the terms of this agreement, in accordance with Section 112.061 Florida, Statutes and Chapter 3-Travel of the Department's Disbursement Operations Manual, Topic 350-030-400. (Section 287.058(1 )(b), Florida Statutes) If, after project completion, any claim is made' by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agr.eement which It has with the Agency owing such amount if. upon demand, payment of the amount is not made - within sixty (60) days to the Department. Offsetting any amount pursuant to this section shall not be Considered a breach )f contract by the Department. Agenda Item No. 1686 October 11, 2005 Page 9 o:fs~~-40 PROJ MGT. RESEARCH & OEV OFC CGe -11/03 P,ge 5 of12 7.00 The Department's Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may. elect, by notice in writing, not to make a payment if: 7.01 Misrepresentation: The Agency shall have made misrepresentatipn of a material,nalure in its application, or any supplement thereto or amendment thereof, or in or with respect to any document or data fumishedtherewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of Its duties or obligations which may jeopardize or adversely affect the project, this Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this Agreement, requires the approvai of the Department or has made related expenditure or incurred related obligations without having been advised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein in 12.06; or 7.05 Default: The Agency has been determined by the Department to be in default under j;lny of the provisions of the AQreement. . 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of the FHWA, may designate as ineligible for federal-aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all project costs Incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must s~bmlt the final invoice on the project to the Department within one hundred twenty (120) days after the completIon of the project. Invoices submitted after the one hundred twenty (120) day time period may not be paid. .8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement untlt such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate this Agreement In whole or in part at any tlmethe interest of the Department requires such termination. If the Department determines that the performance of the Agency Is not satisfactory, the Department shall have the option of (a) Immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the. deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time. Suspension of the contract will not affect the time period for completion of this Agreement. If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the Agency, the Department shall notify the Agency of such termination, with instructions. as to the effective date of termination or specify the stage of work at which this Agreement-is terminated, If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs. . 8.02 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notlce'under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of.the following: (a) necessary action to terminate or suspend, as the case may be, project activiti~s and contracts and such other action as may be required or desirable to keep to the minimum the costs uppn the basis of which the financing is to be computed; (b) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carrIed out in conformity with the latest schedule, plan, and costs approved by the Department or upon the basis of terms and conditions Agenda Item No. 16B6 October 11, iafOk PROJ MG1ft8s~ &lbMFC OGC -11103 , PegeII of12 Imposed by the Department upon th~ failure. of the Agency to. furnish the schedule, plan, and estimate within a reasonable - 11e. The closing out of federal financial participation .in the project shall not constitute a waiver of any claim which the ..Jepartment may otherwise have arising out of this Agreement. 9.00 Cpntracts of the Agency: 9.01 Third Party Agreements: Except as otherwise authorized In writing by the Department, the Agency shall not execUte any contract or obligate Itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, With any third party with respect to the projeCt withouUhe written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department The Department specifically reserves unto Itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. . . 9.02 Compliance wlth.Consultants' Competitive Negotiation Act: It Is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, Is contingent on the Agency complying in full with provisions of Section 287.055, Florida Statutes, ConsultantS Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all projects. In all cases, the Agency's attorney shalf certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 10.01 DBE Policy: It is the polley of the Departm'ent that disadvantaged business enterprises, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate In the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state regulations apply to this Aareement. _10.02.DBE Obligation: The Agency and Its contractors agree to ensure that Disadvantaged Business Enterprises as 'efineq in applicable federal and state regulations, have the opportunity to participate in the performance of contracts and .nis Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps In accordance with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises haVE! the opportunity to compete for and perform contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex In the award and performance of Department assisted contracts. 10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a part .of this project, the Agency must com.ply with applicable federal and state regulations. 11.00 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all federaJ-aldcontracts - 49 CFR 29) By signing and submitting this Agreement, the Agency is providing the certification setout below: The Inability of the Agency to provide the certification set out below will not necessarily result in denial of participatiol1ln this covered transaction. The Agency shall submit an explanation of why It cannot provide. the certification set out below.. The certification or explanation will be considered in connection with the Department's determination whether to enter into this transaction. However, failure of the Agency to furnish a certification or an explanation shall disqualify the Agency from participation in this transaction. The certification In thIs clause is a material representation of fact upon which reliance was placed when the Department determined to enter Into this transaction. If. it is later determined that the Agency knowingly rendered an erroneous certification I in addition to other remedies available, the Department may terminate this transaction for cause of default. The Agency shall provide immediate written notice to the Department If any time the Agency learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered "debarred,". .suspended," ineligible," "lower tier covered transaction," "participant,". "person,. primary covered transaction," .principal,. "proposal/ and "voluntarily excluded," as used In this clause, have the meanings set out In the Definitions and _ Coverage sections of rules implementing Executive Order 12549. Contact the Department for assistance in obtaining a 'opy.of those regulations. Agenda Item No. 1686 October 11, 2005 Page 11 _"8-40 PROJ~, RESEARCH & DEV OFC OGe -11103 ,pege 7 of 12 The Agency further agrees by executing this Agreement that it shall not knowingly enter into any contracts with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from partiCipation In this covered transaction, unless authorized by the Department. The Agency further agrees by submitting this Agreement that it will Include the clause titled "Certjfication Regarding Debarment, Suspension, IneligibiUty and Voluntary Excluslon-Lower Tier Covered Transaction,. provided by the Department, without modification, In all contracts and in all solicitaticms for coritracts, The Agency may rely upon a certification of a prospective sub-contractor that the person or entity is not debarred, suspended, Ineflgible, or voluntarily excluded from the covered transaction,unless It knows that the' certification 'Is erroneous. The Agency may decide the method and frequency by which it determines the eiigibility of Its sub-contr:actors. The Agency may, but is not required to, check the non procurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs. (Nonprocui'ement List) which is compiled by. the General Services Administration. . Nothing contained In the foregoing shall be construed to require establishment of a system of records in order to render In good faith the certification required by this clause. The knowledge and informaijon of the Agency is not required to exceed that which is normally precessed by a prudent person in the ordinary course of business dealings. Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended, debarred, ineligible, or voluntarily e,xcluded from participation in this transaction, in addition to other remedies available, the Department may terminate this agreement for cause or default. Certification Regarding Debarment, Suspension, IneHglbillty and Voluntary Exclusion: The Agency certifies, by execution of this Agreement, that neither it nor its principals is presently debarred, SLispended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. . Where the Agency is unable to certify to any of the statements above, an explanation shall be attached to this proposal. . 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the performance of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion. color, sex, national origin, disability or marital status', The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of' compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision in all contracts modified only to show the particular contractual relationship in, all its contracts In connec,tion with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require, all such contractors to insert a similar provision in all subcontracts,' except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants. for ,employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI . Clvll.Rights Act of 1964: The Agency will comply with ail the requirements Imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the Agency pursuant thereto. The Agency shall include provisions In all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R., Part 21, and related statutes and regulations. 12.03 Americans with Dis.ablllties Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by, the ADA, the regulations of the federal government issued thereunder, and assurance by the Agency pursuant thereto. ,- Agenda Item No. 1686 October 11 , 2005 Page 12~o PROJ MGT. RESEARCH &DEV OFC OGC -11103 Page a of 12 'Z.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction ,or a public entity crime may not submit a bid on a contract to provide any goods or s~rvlces to a public entitY, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity; may not be awarded 'or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; arid may not transact business with any public entity in excess of the threshold 'amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted ver:'ldor list. 12.05 Discrimination: In accordance with Sectlon267.134, Florida Statutes, an entity or afflllate who has been placed on the Discriminatory Ve'1dor List, maintained by the Florida Department of Management Services, may,not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a publiC building or public work; maynot submit bids on le,ases of real property to a public entity; may not be awarded or perform work as a conlractor, supplier, subcontractor, or consultant under ~ contract with any public entity; and may not transact business with any public entity. 12.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors, shall enter Into any contract; subcontract, or arrangement in connection with the project or any property Included or planned to be included in the project in which any member, officer, or employee of the Age'ncy or the locality during his tenure, or for two years thereafter, has any interest~ direct or indirect. If any such present or former member,' officer, or employee involuntarily acquires or had acquired any such interest prior to the beginning of his tenure, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department may waive the prohIbition contained In this subsection, provided, that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered Into in connection with the project or any prop,erty Included or planned to be Included in any project, ahd shall require Its contractors to insert in each of it's subcontracts, the following provisIon: "No member, officer o'r employee of the Agency or of the locality during his tenure, or for two years thereafter. shall have any interest, direct or indirect, In this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement betWeen the Agency and Its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a governmental agency. 12.07 Interest of Members of or Delegate to, Congress: No member of or delegate to the Congress of the United $tates shall be admitted to any share or part of the Agreement or any benefit arising therefrOm. 13.0Q, Miscellaneous Proyl.slons: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall 'not be. obligated or liable hereunder to any party other than the Agency. 13.03 When Rights and Remedies Not yYalved: In no event shall the making by the Department of any payment to the Agen'cy constitute or be construed as a waiver by t~e Department of any breach of covenant or.any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any rIght or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. .13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that It has not paid and, also, .-agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the finanCing ereunder. Agenda Item No. 1686 October 11, 7Ji1~().40 PROJ MGP.~~fD~OFC OGC -11103 Pagel! or 12 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable state law, provided, that if any of the provisions of the Ag'reement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.07 Contractual Indemnity:. To the extent permitted by law, the Agency shall indemnify, defend, save, and hold harmless the Department and all its ,officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, error; omission or negligent act by the Agency, Its officers, agents or employees during the performance of the Agreement except that neither the Agency, its officers, agents or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge or expense arising out of any act, error, omission or negligent act by the .Department or any of Its officers, agents or employees during the performance of the Agreement. When the Department receives a notice of claim for damages.. that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the clajm to the Agency. The Agency and the Department will evaluate the claim and report their flndingsto each other within 14 working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation ofthe Agency in the defense of the claim or to require the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the Agency will each pay Its own expenses for the evaluation, settlement negotiations, and trial, if any. However,. if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes, or any simil.ar provision.of law. . 13.08 Plans and Specifications: In the event that this Agreement involves constructing and eql,lipping of facilities on the State Highway System, the Agency shall submit to the Department for approval all appropriate plans anp.speclfications covering the project. The Department will review all plans and specifications and will issue,to the Agency written approval with any approve~ portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will. issue to the Agency written approval regarding the remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department. 13.09 Right of Way Certification: Upon completion of right of way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for .construction of the project, including those projects for which no right of way is required. . 13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed In accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is In the Agency, and that the project Is accepted by the Agency .as sldtable for the intended purpose. 13.11 Agreement Format: All words used herein in the singular form shall e~end to and include the plural. All words used in the plural form shall extend to and include the singular. All 'words used in any gender shall extend to and include all genders. 13~12 Execution of Agreement: This Agreement may be simultaneously executed ina minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. . 13.13 Restrictions on Lobbying: Federal: The Agency agrees that no federally appropriated funds have been paid, or wlll be paid by or on behalf of the Agency, to any. pers.on for influencing or attempting to Influence any .officer or employ~e of any federal agency, a member of Congress an officer or employee of Congress, or an employee of a member of Congress. In connec::tiori 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 extens.ion, continuation, renewal, amendment or modification of any federal contract, !:Irant, loan. or cooperative aareement. Agenda Item No. 1686 October 11 , ~-40 PROJ ~~dH'DM>FC OGC.11/Oa . PIIgt110 of 12 _If any funds other than federally appropriated funds have been paid by the Agency to any person for Influench;g or ttempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of ";ongress, or an employee of a 'member of Congress in connection. with this Agreement, the undersigned shall complete and submit Standard Form-LLL, ~Dlsclosure Form to Report Lobbying," in accordance with its instr~ctlons. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooPerative agreements)' and that all subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for 10bbylnQ the L.eQislature or a state aQency. 13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System, constructed under this Agreement. If the Agency constructs any improvement on Department right.:of-way, the Agency. (!) will 0 will not maintain theimprovemen~s made for their useful life. . , 13.15 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt; the Department has five 5 working days to inspect and approve the goods and services unless the bid specifications, purchase order, or contract specifies otherwise. The Department Has twenty (20) days to deliver a request for payment (voucher) to the Florida Department of Financial, Services. The twenty (20) days are measured from the latter of the date the invoice is received or the goods or serVices are received, inspected, and approved. If a payment is not available within forty (40) days after receipt of the invoice and receipt,' inspection, and approval of goodS and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable, In addition to the invoice amount to the Agency. interest penalties of less than one dollar ($1) will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of Agency preparation errors will result in a delay In the payment. The invoice. payment requirements do not start until a properly -~ompleted invoice is provided to the Department. A Vendor Ombudsman has been established within the Florida Department of Financial Services. T~e duties of this Individual Include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the'Department. The Vendor Ombudsman may be contacted at (850)410-9724 or by calling the State Comptroller's Hotline at 1-800-848-3792. IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Title: BoCC Chairman or Designee By: Title: Director of Transportation Development Attest: Title: Clerk Attest: : Title: Executive Secretary As to form: As to form: ] cffrey A. Klatzkow Assistant County Attor District Attorney ..,J See attached Encumbrance Form for date of funding approval by Comptroller. Agenda Item No. 1686 October 11 , 2005 Page 15 ~8l-40 PROJ MGT. RESEARCH & oev OFC OGC -11103 Page 11 of12 FPN NO.415546-1 EXHIBIT A Project Description and Responsibilities This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, -Department of Transportation and Collier County Dated PROJECT LOCATION: 5th Street South, 111th Avenue North. Jennings Street, Floridanrrexas Avenue, Alladln Lane and Poplar Way The project 0 Is (!) Is. not on the National Highway System. The project 0 is (!) is not on the State Highway System. PROJECT DESCRIPTION: See Attachment Page 1. SPECIAL CONSIDERATION BY AGENCY: See Attachment Page 2. SPECIAL CONSIDERATION BY DEPARTMENT: The Department shall reimburse the Agency, subject to funds availability, in the year programmed (currently FY 06/06). Agenda Item No. 16B6 October 11 , 2005 Paqe 1~~~ PROJ MGT. RSl:!ARCH & oev OFC 000-11/03 Peg. 12 of 12 .GENCY NAME & BILLING ADDRESS Collier County 2671 Alrport Road Naples. Florida 34112 FPN. NO. .,."tlOI4~~QII~"""'" LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "8" SCHEDULE OF FUNDING 415546-1 PROJECT DESCRIPTION Neme Sidewalks Length Approx. 8,900 If Tennlnl 5th Sl S., 111th Ave. N., Jennings St., Floridan Ave./Texas Ave., AIladin Lane. Poplar Way FUNDING' (1) (2) \ (3) , TOTAL AGENCY ! STATE & TYPE OF WORK bv Fiscal Y..,. PROJECT FUNDS FUNDS FEDERAL FUNOS P.E. 2003-2004 $0.00 $0.00 2004-2005 2005-2006 $0.00 Total PE $0.00 $0.00 RIght-of-Way 2003-2004 . , 2004-2005 2005-2008 .,. T . $0.00 $0.00 $0.00 onstructlon 2003-2004 $0.00 SO.OO 2004-2005 2005-2008 $500,000.00 $82.500.00 $431.500.00 2006-2001 Total Contract COsts $500,000.00 $62.500.00 $437,500.00 Construction Engineering and Inspection 2003-2004 $0.00 SO.OO 2004-2005 2005-2008 . Total Construetlon EllAlneerlng $0.00 $0.00 $0.00 Total Constructlon Cost $500.000.00 S82.500.oo $437,500.00 ESTIMATED TOT AI. COST OF THE . PROJECT $500,000.00 $62,500.00 $437,500.00 The Department's ~Ical.year begins on July 1. For this project, funds.... no! projected ,to be available until after The Department will notify the Agency, In writing, whan funcla .ra .vallable. July 1st..ch flacal year. *No work shall begin until the Department has issued a written Notice to Proceed for each phase. Funds are ~ontingent upon * legislative approval. Project Description: Construct 5' sidewalks at the following locations: 5th Street South from West Delaware Avenue to Eustis Avenue Jennll'1gs Street from Georgia Avenue to Texas Avenue Jennings Street from Georgia Avenue to Floridan Avenue . Aoridian AvenuelTexas Avenue form Broward Street to approx. 220' south of the intersection of Texas and Fleming Alladln Lane from Thomasson Drive to Sugden Park Poplar Way from Lombardy Lane to Allad!n Lane Construct 6' sidewalks at the following locations: 111th Avenue North from 8th Street towards the west to Napl~ Park Elementary School Agenda Item No. 1686¼October 11, 2005 Page 17 ofs-1l6l-4o ATTACHMENT PAGE 1 " Agenda Item No. 1686 October 11 . 2005 P age 1 8 ets.1l&..w AlTACHMENT PAGE 2 '~pecla1 Consideration by Agency: , . .11 work to be conducted outside of the Department Right-of-Way shall adhere to~ 2002 Aorida Greenbook standards, as amended.' ' , All work to be conducted within Department Right-of-Way shall adhere to the following: (1) The FOOT standard specification for road and bridge construction, 2004 edition as amended. and (2) The FOOT roadway and traffic desIgn standard, 2004 edition as amended and design criteria from the PPM, 2003 edition as amended. For all projects the following will apply: a) Section 287.055, F.S. .Consultants Competitive Negotiation Act:' b) FOOT .project Development and Environmental Manual,. where'appllcable c). The Local Agency Program Manual The Agency will Infonn the Department in writing of the commencement andcompletlon of the project. Upon completion of the project phase, the Department will have forty-flve (45) days after receipt of the Agency's invoice to review, Inspect and approve the project phase for payment. The Department shall reimburse the Agency, subject to funds availablllty, in the year programmed (currently FY05/06). Agenda Item No. 1687 October 11 . 2005 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to award Bid # 05-3780R to AgTronix and Contemporary Controls & Communications, Inc. to multiple vendors on a category basis. Annual expenditures are estimated to be $250,000. OBJECTIVE: To procure the necessary Motorola supplies and repair/maintenance services for the County's irrigation systems. CONSIDERATIONS: On October 21, 2001 (Agenda Item 16 B2), the Board approved the Central Control System proprietary software and controller package by Motorola as sole source items. In addition, the Board waived the formal bid process in favor of Motorola and listed Contemporary Controls as the sole distributor of Motorola components and services in Florida. After staff discovered that there was another certified vendor, on November 30, 2004 (Agenda Item 16 B5), the Board approved to (1) Rescind Contemporary Controls as the sole source distributor of the Motorola Automated Central Control Irrigation System, (2) Maintain Motorola as the sole source for the Automated Central Control Irrigation System, and (3) Authorize the issuance of a new bid to attract multiple vendors for supplying Motorola equipment and services. - On May 10, 2005 (Agenda Item 16 B8), the Board directed the County Manager or his designee to reformat and re-advertised the Motorola bid after due to submission irregularities, Purchasing found both bids to be non-responsive. On August 26, 2005, the Purchasing Department sent notices to forty (40) vendors for Bid #05-3780R "Motorola Central Control and Irrigation Supplies and Services." On September 22, 2005, two (2) bids were received. It is the intent of the County to award Category A and B of this bid to multiple vendors based upon the lowest, responsive bid per category. Category A is defined as Motorola Parts (Items 1- 67) and; Category B is defined as Miscellaneous Supplies (Items 68-132). Category C, defined as Various Repairs, will be awarded by line item. Staff recommends that the award be to multiple vendors, with Category A awarded to Contemporary Controls and Category B to AG- Tronix. If one vendor cannot provide the requested services/products within a twenty-four (24) hour timeframe, County staff can procure the services/products from the second vendor. FISCAL IMPACT: The cost of the controllers is budgeted within each project. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of Collier County Commissioners award Bid #05-3780R, Motorola Central Control Irrigations Systems and Supplies" to AgTronix and Contemporary Controls & Communications, Inc. to multiple vendors on a category basis. Prepared By: Pamela Lulich, RLA, Project Manager Alternative Transportation Modes ~- It.m Number: It.m Sum....".: ~ Do1lO: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Agenda Itern No. 16B7 October 11 , 2005 Page 2 of B 1687 Recommendation to .ward Bid' 05.3180R to AgTronilC .nd Cont.FTlpontry Cantroll & Cornnunications, Inc. to muttipM vendor, on a OIt.gory balli, Annual expenditures 8(" estimeted 10 be $250.000 101"120059:00:00 AM .... '..pa..d By Pamala J. Lulloh TranaponatJon Service. P'OJRt Man~r AI.rnatlve T'an.portaa~ MODQ I1Z71200811:C1I:<U AM .... Approved By Pamola J. Lulloh Tran.pcrrtlrUon Srnce. proJ.ot Manag.r Alt..-nadn Tra".pon:.aon MoMs IIZ7I2OOI 11 :'1 AM 0... Approved By B....,d11 Brtlhart AdmlnlltraUv.Sanlce. Purmulng Apnt Purchasing 9127/200$ 2:43 PM Dolo App......d By Sharoll N4lwmlln Tra"'portBtlOfI Svvlce-. Aaaountln'll 8upMVIIIOr Tran.portlltlon Administration IJt:!T/200a ":H PM 0... Approved B)' GltH'ta He,..., T....portatton &.nI11ll." M."agementl8udOl't A"Alys:t TransportatJon o"...aonl e12't20OI 7:31 AM Mike Hauer 0... Approved By AdmlnJ.trllUV. Sfu'Vlce. Aoqutt;ltton MaRllpr Purch..l"g 8121120068:44 AM Approved B)' Stwe c.",.n AdmlnlstraUve hrv10al PUfc:hulnglGenoral Bve. D1,..etor Puroh..lng 0... I/zen'Ot' 10:01 AM o.t. Approved B" Diane 8. Flan Transportation 811l'Vloas D1reetDr 01 Alteornanve rran,pott8aon Mod.. .It. 1M Dlfllotor Al\IImative Tran$portatton Mod.. 9121J200. 2:2' PM 0... App...ved By Norm E. Feder. AICP T,on&pDI'U1tlon 81DtY1~. Tran'pon..ticm DIYI.lon Admini$tretOl" Tr.nlportaUon hrvloolil Admin. '/28120011:14 PM 0... Approved By Pat l-lDhnllard TI'lIn.portldon aervlG" El:"uttvct&croretary Tr.ansporution $8,."l08S Adml" 912912001 ':31 AM "... Approved By OMB Coordinator County Manager's 0ftI.. AdMlnI.tratin As.lmnt omo. of Mana'lImOnt& Budget tIlttl2005 9:21 AM Dolo Approved By Mark l.aok.on County Mana..r', orno. Budgot AnalYlt omnof ManapnMnt& Budget eltt12005 1 ~OO PM .... Approved By MlohMl 8m)'IlOWlld Count)' MalMgtr'. omu ManagrtfMnt & Bud9llt Dlrector Of'ftco of M.n~m6nt & Budttt 9I211Z005 2:07 PM Dato Approved By Leo E. Oohs, .If. Board o1'County Commluioners Deputy County Manager County ManagM'a Ot'lles '''012006 2:62- PM Bid: 0~37BOR'Motorola Central Contrcllrrigation Supplies and Set'o'icos' Projec1 Mgr.: Pam Lunch TnlreportatlonlATM Oue: 9-22.05 Agenda Item No. 1687 October 11,2005 p~~~~ Cal&aorv A: MOTOR LA PART : Contempora1y Controls & AG-Tronlx Communications. Inc. 11IIm Product Number Desc:rlDtlon Price Per Unit Price Per Unit $ 98.25 $ 36.25 1 MOTOROLA INC. 40-02050L01 Kevned $ 47.25 $ 35.53 2 MOTOROLA INC. AA RMN 4025B CDmoact MlcrDDhone $ 929.00 $ 965.70 3 MOTOROLA INC. F 2000 A ICC CORE SOFTWARE. SUPP. SINGLE FlU $ 360.00 $ 333.50 4 MOTOROLA INC. F2611 A Piccolo RTU (olastic) $ 800.00 $ 667.00 5 MOTOROLA INC. F 2805 A ScOroiD V2 AC 2 In/8 DUt $ 2,420.00 $ 2.225.76 6 MOTOROLA INC. F 2809 A Irrlnet Basic Unit 41N/16 OUT $ , ,325.00 $ 1.332.55 7 MOTOROLA INC. F 2848 A UHFf450-470 MHz) Scoroio AC wi HT750 $ 5,100.00 $ 5,336.00 8 MOTOROLA INC. F 2865 A Irrlnet wfTruckad 800 Mhz Redia $ 5,100.00 $ 4,819.80 9 MOTOROLA INC. F 2873 B VHF Irrlnet W/15W RADIO 41NI16 OUT $ 5,100.00 $ 4,819.80 10 MOTOROLA INC. F 2874 B UHF Irrinet wi' 5 Wett Radio $ 800.00 $ 667.00 11 MOTOROLA INC. F 2905 A Scoroio V2 DC 2in/80ut NLA $ 417.66 12 MOTOROLA INC. F 2911 A Imoect RTU wlUHF Receiver $ 1,360.00 $ 1,251.35 13 MOTOROLA INC. F 2925 A VHF(138-174MHz) SCORPIO DC,218 1/0 $ 1,360.00 $ 1.251.35 14 MOTOROLA INC. F 2948 A UHFI450-470MHz) ScarolD DC 21N/80UT $ 7,900.00 $ 5,437.50 15 MOTOROLA INC. F 4174 B FlU CONY MCS2000 VHF 25KHZ $ 7,900.00 $ 5,437.50 16 MOTOROLA INC. F 4714 B FlU MCS2000 UHF 25KHZl25W $ 1,700.00 $ 1.328.13 17 MOTOROLA INC. F 4854 A ImcDm AC UHF 25Khz $ 15.00 $ 15.00 18 MOTOROLA INC. FKN 4'28 A AC wirlna Harness for InDuts/OutDuts $ 15.00 $ 15.00 19 MOTOROLA INC. FKN 4137 A DC Wirlna Harness for InDutslOutouts $ 9.99 $ '4.50 20 MOTOROLA INC. FKN 4178 A Scaroio DC PDwer Cord $ 15.00 $ 19.75 21 MOTOROLA INC. FKN 4441 A Irrlnat 12V Power Cable $ 35,00 $ 27.19 22 MOTOROLA INC. FKN 5934 A EXTERNAL DC POWER CABLE KIT.... $ 35.00 $ 36.25 23 MOTOROLA INC FKN 5953 A RediD Cable Maxtrac tD Irrlnet $ 800.00 $ 742.40 24 MOTOROLA INC. FLN 2016 A 1614 Mixed 110 AC Module Kit $ 225.00 $ 208.80 25 MOTOROLA INC. FLN 2154 A Scarola AC 110 EXDansiDn ~t $ 225.00 $ 208.80 26 MOTOROLA INC. FLN 2157 A Scoroic DC 1/0 ExoanslDn Kit $ 1.540.00 $ 1.450.00 27 MOTOROLA INC. FLN 2158 A Sinale Cable MDdula Kit. SUDDOrts 63 RTU's $ 80.00 $ 84.10 28 MOTOROLA INC. FLN 2169 A LPU Line Protection RTU $ 625.00 $ 575.65 29 MOTOROLA INC. Ft.N 2247 A 4DI116oo Modula DC $ 630.00 $ 575.85 30 MOTOROLA INC. FLN 2257 A DC Module Kit '8 OuU4 In..lrrinet NLA $ 208.80 31 MOTOROLA INC. FLN 2399 A Impact Main Board SDare kit NLA $ 281.30 32 MOTOROLA INC. FLN 2399 A-R Imoact Main Board wi Receiver $ 910.00 $ 739.50 33 MOTOROLA INC. FLN 2982 A HT750 Radio Kit $ 20.00 NLA 34 MOTOROLA INC. FLN50'SA Redia Cable for UHF Page 1 of6 Bid: 05-378OR"Motorola Central Control Irrigation Supplies end Sllf'IIices' Project Mgr.: Pam Lullcl1 TransportationlATM Due: 9-22-05 Agenda Item No. 1687 October 11, 2005 p_.t~t~ Contemporaty Controls & AG-Tronix Communications. Inc. Item Product Number eescrlotlon Price Per Unit Price Per Unit $ 89.00 NLA 35 MOTOROLA INC. FLN 6172 A Radio Hardware Kit $ 225.00 $ 217.50 36 MOTOROLA INC. FLN 6297 A PIccolo RTU Boerd $ 609.00 $ 466.90 37 MOTOROLA INC. FLN 6694 A Scorpio AC Meln Board $ 225.00 $ 208.80 38 MOTOROLA INC. FLN 6695 A Scorpio AC EXP. Board 800. 201 $ 129.00 $ 117.45 39 MOTOROLA INC. FLN 6715 A AC Transformer $ 47.00 $ 30.45 40 MOTOROLA INC. FLN 6746 B Irrinet Maxtrac AdaDtar Brd $ 600.00 $ 572.75 41 MOTOROLA INC. FLN 6849 A Seeroio DC Main Board NLA $ 75.40 42 MOTOROLA INC. FLN 7878 A SoIanDid (3 Wire) $ 80.00 $ 75.40 43 MOTOROLA INC. FLN 8208 A SoIanD!d (2-wirel $ 900.00 $ 819.25 44 MOTOROLA INC. FPN 5128 A Power SUDDlv $ 252.00 $ 233.45 45 MOTOROLA INC. FPN 5534 A TRAFO 11012419-50W For Imnet $ 1.490.00 $ 1.480.10 46 MOTOROLA INC. FRN 1456 A Irrlnal SUDer CPU $ 750.00 $ 742.40 47 MOTOROLA INC. FRN 1480 A Kevboard & Disolav Kit $ 349.00 $ 250.85 48 MOTOROLA INC. FRN 5607 A RS-232 Board & Cabla $ 190.00 NLA 49 MOTOROLA INC. FRN 5622 B Terminal Control Board $ 215.00 $ 141.38 50 MOTOROLA INC. FRN 5634 A MDtharbDard 4 slots $ 70.00 $ 35.16 51 MOTOROLA INC. FTN 8208 A SeerpiD Extarnal Red:o Adaptor $ 1.490.00 $ 1.421.00 52 MOTOROLA INC. FUE 1133A IRR MCS2000 UHF 25KH 15 W Radio Onlv $ 1.695.00 $ 1.638.50 53 MOTOROLA INC. FUE1135A MCS2000 LP UHF Radio Kil $ 1.700.00 $ 1.638.50 54 MOTOROLA INC. FUE 1220 A IRR MCS2000 UHF 25KHZ 15W Radio KIt $ 21.00 NLA 55 MOTOROLA INC. HKN 4191 A Powar Cabla WlFuse HDlder (High Pwr) $ 55.00 $ 38.28 56 MOTOROLA INC. HMN 3001 A CDmDact MicrDDhone $ 397.00 $ 386.85 57 MOTOROLA INC. V 184 ADD: Imnet RS232-1 Board $ 397.00 $ 250,85 58 MOTOROLA INC. V 184 AB ADD: IRRINET RS232-1 $ 405.00 $ 375.50 59 MOTOROLA INC. V 226 CC ADD: IRRINET L1NE/Z"O RADIO $ ZOO.OO $ 333.50 60 MOTOROLA INC. V 276 AP ADD: Plastic Houslna for UHF SCDrDlo $ 630.00 $ 575.65 61 MOTOROLA INC. V 379 AF ADD: First IRR DC I/O Module $ 1.899.00 $ 1.957.50 62 MOTOROLA INC. A 387 AD EXPAND ICC S/W UP TO 9 FIELD UNITS $ 3.780.00 $ 3.915.00 63 MOTOROLA INC. V 388 AC EXPAND ICC FOR UP TO 999 FIELD UNITS $ 135.00 $ 124.70 84 MOTOROLA INC. V 418 AD AL T: Imnet Turf S/W V1.96 (200 Prg) $ 800.00 $ 74Z.40 65 MOTOROLA INC. V 436 ADD: Imnel Mixed AC 1/0 Module $ 1.995.00 $ 1.851.65 66 MOTOROLA INC. V 524 AH ADD: MCS2000 LP UHF 25KHZ 10W 2"0 RADIO $ 1.540.00 $ 1.450.00 67 MOTOROLA INC. V 581 AA ADD: Irrinel Sinale Cable Modula Total Cateaorv A: lItems 111-67 $ 70.868.49 $ 63,712.18 Page 2016 Bid: 0S-37BOR"Motorola Central Control Irrigation Supplies and SeNlce.' Project Mgr.: Plm Lullch TransportltlonlATM Due: 9-22.05 Agenda Item No. 16B7 October 11 , 2005 Pm'fal%~t~ CatellOI'Y B: MISCELLANEOUS SUPPUES Contemporaty Controls & AG- TrDnix Communications. Inc. Item Product Number OeecrlDtlDn Price Per Unit Price Per Unit 68 Enerolzer 729-2201 9V Recheroeable Batt.(NH22NBPl $ 9.99 $ 12.89 $ 3.09 $ 4.38 69 Energizer 738-0525 3 V Lithium Batterv $ 100.00 NLA 70 Cosel SOO-0365 12v Pawer Suoplv LDASOF 4.3emp $ 3.09 $ 2.14 71 Plnasonic 884-0375 CR2330 3V LITHIUM BATTERV $ 2.99 $ 4.16 72 Eneraizer 884-5112 9 Volt Batterv $ 205.00 $ 170.30 73 CDntrDI Tech USA, Inc MLB8AC SurDe ProtectDr AC 2inl80ut $ 241.00 $ 166.39 74 CDntrol Tech USA, Inc. MLB8DC Surae Protector DC 2 IN/8 OUT $ 235.00 $ 170.30 75 CDntrol Tech USA, Inc. MLB8IN SurDe Protector 24v AC 8outi21n $ 189.00 $ 170.22 76 Leviton 51020-WM Leviton Surae ProtectlDn $ 39.00 $ 17.58 77 Leviton 5299 GFI WlSwitch Levitan $ 199.00 $ 69.11 78 Neteflm Iriioation. Inc. 2' Disc FiltDr 140 Mesh $ 199.00 $ 69.11 79 Neteflm IriioatiDn, Inc. 2' Disc Flltor 200 Mesh $ 11.00 $ 14.25 80 Poter & Brumsfleld 27 E 121 Relav Socket DC Latch 11 Pin $ 50.00 $ 67.06 81 Poter & Brumsfield 12v Latchlna Relav $ 2.25 $ 2.39 82 T essco 19366 Mini UHF Crime CconneclDr $ 20.00 $ 0.22 83 Tessco 19533 Antenna Cable $ 89.00 $ 68.97 84 Tesseo 20573 POL VPHASER N FEMALE! N FEMALE $ 65.00 $ 53.58 85 Tessco 22300 UHF Dome Antenna $ 150.00 $ 62.62 86 T essco 22457 Vaol Antenna 450-470 Mhz (7.1 db\ $ 100.00 NLA 67 T eSSCD 22714 ANTENEX VS1503 $ 8.99 $ 121.70 88 T essco 25243 9v Nic-cad Rechargeeble Batterv $ 139.00 $ 156.08 89 T essco 26715 450-470 MHz 2.9db Fiberglas. FRX450 $ 32.00 $ 37.50 90 Tessco 29777 Universal Clamp.. $ 5.00 NLA 91 T eSSCD 30754 WIRELESS PHONE CLIP $ 32.05 NLA 92 TesscD 33825 144.174 MHz 200W. 3dB anlenne $ 4.25 NLA 93 TesscD 36421 Male Connector $ 32.00 $ 0.15 94 Tessco 37748 CABLE TIE $ 6.39 $ 5.01 95 Tessco 413338 Universal Phone BaltcliD $ 179.99 $ 179.95 96 Tessco 41852 FG4503 450-460 3. Odb Fiberglass $ 150.00 $ 94.10 97 Tessco 47638 UHF 450-470 Vagi Antenna (MVA45051 9.2db $ 25.00 NLA 98 T essco 49165 UHF 450-470 MHz 6' Chrome Antenna $ 184.00 $ 51.04 99 T essco 50155 ANTENNA SIDE BRACKETT $ 27.80 $ 65.25 100 T essco 53273 SPST 12V/75A Relav Page 3016 Bid: 05-37BOR"Motorola Central Controllni9aUOn Supplies and SeMces" Project Mgr.: Pam Lunch TransportatlOn/ATM Due: 9-22-05 Agenda Item No. 16B7 October 11 , 2005 p~~~~ CDntemporaty Controls & AG-Tronlx CommunicatiDns, Ine. ltem Product Number Deserlptlon Price Pet Unit Price Per Unit $ B9.00 $ 70.00 101 TesseD 55219 Bulkhead Arrester U/F (IS-B50HU-CI) $ 62.00 $ 59.00 102 Tessee 55676 BRACKET $ 4.00 $ 1.65 103 T esseD 61600 Mini UHF Male Crime-RG58 ConnectDr $ 6.99 $ 3.50 104 TesseD 62849 RFIBNC Female Cennector $ 3.95 $ 26.10 105 Tessee 64760 MALE BNC CRIMP RG/5B $ 173.00 $ 179.95 106 Tesseo 65782 FG4603 460-470 3.0dB Flberelass entenna $ 4.00 $ 2.80 107 T esseD 67214 UHF Male FCP Cennector $ 60.00 $ 59.00 108 Tessee 67641 MaunUnc Clamps (DB370\ $ 2.50 $ 1.35 109 Tessee 68590 Ground Rod Clamps $ 11.35 $ 9.70 110 Tessce 68869 1.5/8X3.1I2X114-20 U-Bolt Mount $ 89.00 $ 62.00 111 Tessee 70931 IS-50UX-C1 Flange Arrester, U/F $ 18.99 $ 10.20 112 Tessce 82466 Hvv Dutv SnDin Wall Mt 8308 $ 6.00 $ 6.75 113 T essco 83032 N FEMALE CRIMP RGI58 $ 60.00 $ 38.15 114 T essee 83861 Yagi Antenna 806-896 MHz $ 42.05 $ 42.05 115 T essco 84136 144-174 MHz 200W 3dB antenna $ 0.79 $ 0.20 116 Tessco 85135 Antenna Cable Iper ft.) NLA $ 4.50 117 T essce 85275 BNC MALE SOLDER CONN. $ 90.00 $ 90.00 118 Tessce 85836 Lew Prefile Ant UHF 450-470 MHZ $ 89.00 $ 55.00 119 Tessco 87845 UHF Low Profile Dome Antenna (450-470)" $ 3.95 $ 2.80 120 Tessee 88028 BNC MALE CRIMP-RG58,RG141 $ 4.00 $ 1.90 121 TesscD 90432 UHF MALE CRIMP-RG58 $ 160.00 $ 222.40 122 Tessce 92075 UHF 450-460 MHz Antenna (MFB4505) $ 240.00 $ 1.493.50 123 V.l.T. Products, Inc. PED -18 CR PC Pedestals 18W X 36H X 120 $ 325.00 $ 471.65 124 V.LT. Products, Inc. PED -18 SS SS Pedestals 18W X 12H X 100 $ 250.00 $ 551.00 125 V.LT. Products, Inc. PED - 24 CR PC Pedestals 24W X 12H X 100 $ 380.00 $ 250.00 126 V.LT. Products, Inc. PED -24 SS SS Pedestais 24W X 12H X 100 $ 695.00 $ 1,030.00 127 V.LT. Products. Inc. SB -18 CR PC Enclosures 18W X 36H X 120 $ 1.080.00 $ 1 ,493.50 128 V.LT. Products. Inc, SB -18 SS SS Enclosures 18W X 36H X 120 $ 830.00 $ 1.180.00 129 V.LT. Products, Inc. SB.24CR PC Enclosures 24W X 36H X 120 $ 1.920.00 $ 2,624.50 130 V.LT. Products. Inc. SB-240SS 5S Enclosures DO 24W X 36H X 240 $ 1,250.00 $ 1,810.00 131 V.LT. Products. Inc. SB - 24 SS 5S Enclosure 24W X 36H X 240 $ 510.00 $ 739.50 132 V.LT. Products. Inc. PED .24 DSS SS Pedestal 24W X 12H X 200 Total Cateoorv B: /Items1l58.1321 $ 11,200.45 $ 14,429.08 Page 4 of6 Bid: 05-378OR'Molorola Central Contrcllrrtgatlon Suppll80 Bnd SBNlcea' Project Mgr.: Pam Lullctl TranBportallonlA TM Dua: 9-22-05 Agenda Item No. 1687 October 11. 2005 p".~~ Contemporaty Controls & AG- Tronlx Communications, Inc. CRteDorv c: VENDnR IN.HOUSE REPAIR RATI'S: FEE SCHEDULE Deacrlpllon Rate for DaylWaek R.te for D.ylWeek 1 Tachnlc.1 Sarvlc.. (ev.luatlon .nd DAY $600.00 DAY $600.00 dlagno.llc ......m.nt) WEEK $3,000.00 WEEK $2,500.00 2 CDnaulllng (Computer manag.m.nt, progr.mmlng, .nd DAY $600.00 DAY S600.00 work flow man.g.mant WEEK $3,000.00 WEEK $2,500.00 3 Controller R.ntal W.ak W..~ .. ScorplD (cDmpl.ta S_NA_ S_NA_ unit wfout r.dlo) $ 40.00 $ 50.00 b. b. Irrln.t (Unit wfDut Waak Wea~ r.dlol $_NA_ $ NA $ 40.00 $-150.00 FLAT RATE 1 PlccolD R.p.lr (Fl. $_NLA_ Lump Sum $--ll.l!I!- Lump Sum Rata) 2 Motorol. D.pot MCS2000 R.dlo R.p.lr 315.00 $ 304.20 $ Lump Sum Lump Sum ON-SITE FIELD REPAIRS: DeacrlDllon R.t. for D.vlWaek R.ta for D.vlW..k 1 G.naral FI.ld Servlcea (for Scorpios, Irrln.t. piccolo, antenna, radio, ground, wires, fuse., and valvaa) DAY $600.00 DAY SBOO.OO WEEK $3,000.00 WEEK $2,500.00 2 Trav.1 nm. (for on.) DAY $60.00 DAY Sl50.00 a. a.rvlc. truck .nd WEEK $400.00 WEEK $2.500.00 on. t.ch) 3 Field L.bor DAY S600.00 DAY $600.00 ..(1 aervlca truck .nd 1 WEEK $3,000.00 WEEK $2.500.00 technician) b. Addltlon.llabor.r DAY $600.00 DAY $400.00 WEEK $3,000.00 WEEK $2 000.00 Page 50fa Bid: 05-3780R"Motorola Central Controllrrigalion Supplies and SetVlces" Project Mg..: Pam Lulich TransportatlonlA TM Due: 9-22'()5 Agenda Item No. 1687 October 11, 2005 Pa-W~ Contemporaty Controls & AG. Tronix CDmmunications, Inc. MOTOROLA SERVICES TO RADIO AND CONTROLLER REPAIRS: 1 MCS2000 Radio Reoalr Flat Rate ReDalr $ 315.00 $ 304.20 2 HT750 RadlD ReDalr Flat Rate Reoalr $ 295.00 $ 304.20 3 GRlIModern Board Flat Rate Reoalr $ 115.00 NLA 4 Scorpio AC Controller Flat Rate Repair $ 210.00 $ 193.40 5 Scorpio DC Controller Flat Rate ReDalr $ 215.00 $ 193.40 6 Irrlnet SuDer CPU Flat Rate Repelr $ 405.00 $ 430.95 7 ImDact RTU Flat Rate Repair NLA $ 247.00 8 FPN5128A P~r SUDPI Flat Rate Repair $ 190.00 $ 204.25 9 Motorola T...hnlcal Ser Per Hour $ 85.00 NLA Aaent: Witness : Page 6 of 6 Agenda Item No. 16C1 October 11, 2005 Page 1 of 13 EXECUTIVE SUMMARY 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 $35.50, 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 ,- CONSIDERA TION: 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 SCR WTP increasing the total reverse osmosis finished water production capacity at SCRWTP to 20-MGD. A previous Right-of-Way Consent Agreement and associated Memorandum for use of the FPL transmission main corridor was approved by the Board on July 26, 2005, Agenda Item 16C8. In addition to its transmission line corridor, FPL also had secured an access easement to its electric substation located adjacent to the Project. The previous secured Right-of-Way Consent Agreement and associated Memorandum did not include FPL's consent to the Board using this access easement for access to the Project, necessitating the need for an additional Right-of-Way Consent Agreement and associated Memorandum from FPL. 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. 16C1 October 11, 2005 Page 2 of 13 EXECUTIVE SUMMARY Agreement with FPL Paf!e 2 FISCAL IMPACT: The cost associated with this action is $35.50 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 06 budget was approved by the Board on September 22, 2005. Source of funds is Water Impact Fees (411). GROWTH MANAGEMENT IMP ACT: The project is recommended in the latest 2003 Water Master Plan Update adopted by the Board in May 25,2004, Agenda Item 10 (D) RECOMMENDA TION: 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 Collier County, Florida. PREPARED BY: Marlene McLaughlin, Property Acquisition Specialist Real Estate Services I Facilities Management Department ~_., Item Number: Item Summary: Meeting Date: Agenda Item No, We1 October 11 , 2005 Paqe 3 at 13 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C1 Recomme~dallQFl to approve a Right.o1-Wa~' Consent Agreement and associated Memorandum with Florida Power &. light Company perrrllt1,ng the Construction 01 raY.' waIf" tranSmlS'f,lon moms and related facilities, within r-Iorida Power & LiQhl Company power-line IIght.of........ay from the South County Regional Water Tr"'stment Plant to the vicinity of Rattlesnal<e Hamm('!c~ Road for th,= South COurlty Regional Water Treatment FI<H~1 Reverse OsmoSIS We-Ufield ExpansIOn to 20-MGD at a co~t not to ell:ceed $3550, Project r~umtJer 708921 10/11/2005 g.OO 00 AM Property (:I.cqulsltion Speciali5t Dale Prepared B)' Marl<<lo Mclaughlin Admlnlslratlye Services Real Estate Services 9121/2005 2:50~47 PM 0... Approved B)' Approved By Porflrlo E. Gr;Jrnatges. r.E Sr. ProJec.f Manager 9126/200510:29 AM Toni A. Moa Public Utilities Public Utlllti~s Englneol'rlng Roal Property SU~f\lISOr D... Admlnlsl"ritlive S~rvices facllltl~s Miulagernrmt 9/26/200510:42 AM Principal Proj.llt Manager """ Appnlved B)" William D. Mullin, PE Public Utllltles Publlc Utlllties Engineering 9/261200SU:5<lPM FacUlties Management Direc.tor Dale Approved By Sklp Camp, C.F.M. AdministratIVE! Services facilitit>s ManageMent 9/26120051:03 PM Paul M IIllauseh W3terDircctor DlIte A ppn.l'ed By Public Utilities Water 9J26/2{l0.5 2:40 PM Roy e, Anderson, P.E. PUblic Utilltics Engineering Dlreetor D"'" Allproved B)' Publlc Utilltics Public UtUltles Engineering 9/26/20D5 2:56 PM Public Utilities Adminjstrator Date Appnwed By James W. DeLany PUblic Utilities Puhhc UtJllties Administration 9r11!ZOOS 9:45 AM Administr.lblll!lAsslstant ,",to Appmved By OM8 Coordinator County Manager's Offiof) Office of Management & Budget 9/211/20Q5 8:07 AM Sen~or MlInngemenlJBudget Analyst Datt!- Apprm:ed B)' Susan Usher County Manager', Of'fic-e Office of Management &. Budget 10/3/20053:21 PM Michael Smykowskl Management & Budgl!!t Dhll'ctor 0... ApJlrol'cd B)' County Mana9i,!r'~ Office Office 1')f Management & Budget 101.4/200510:09 AM AJlp"",ed By Leo E, Ochs. ,Jr. Board of County Commissioners Depllty County M.llI1i'lger 0... County Mi'lnager'~ Offlee 10/41200510:29 AM -' Agenda Item No. 16C1 October 11. 2005 Page 4 of 13 RIGHT-OF-WAY CONSENT AGREEMENT FLORIDA POWER & LIGHT COMPANY, a Florida corporation, whose mailing address is P.O. Box 14000, Juno Beach, Florida 33408-0420, Attn: COIpOrate 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 3129, Page 2255, 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" 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 incurred in connection therewith upon demand. 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 term is defined in Section 101 (14) of the Comprehensive Environmental Response Compensation and Liability Act ("CERCLA") (42 use 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 Porm 3740 Rev. 10/9/95 Page 1 of 4 Agenda Item No. 16C1 October 11, 2005 Page 5 of 13 hereof, Licensee hereby agrees to indemnify and hold hannless 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 of fourteen (14) feet above existing grade. 6. Outdoor lighting installed or to be installed upon the Lands by Licensee are not to exceed a height offourteen (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 wam 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 purposes, 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 purposes. 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 if, 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. 12. Each party hereto agrees that it shall be responsible for its own negligent acts or omissions. 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 tenninated upon ninety (90) days written notice by Company to Porm 3'40 Rev. 10/9/95 Page 2 of 4 Agenda Item No, 16C1 October 11 , 2005 Page 6 of 13 Licensee, or at the option of Company, inunediately upon Licensee failing to comply with or to abide by any or all of the provisions contained herein. Upon receipt of written notice to terminate, Licensee will commence removal of its facilities and equipment, but will have up to one hundred eighty (180) days 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. 16C1 October 11 , 2005 Page 7 of 13 The parties have executed this Right-of-Way Consent Agreement this _ day of ,2005. iJ4V Name: fl.'" (<.. 1......'{1o Company: FLORIDA POWER & UGHI' COMPANY, A Florida corporation By. ~6___ Mark L. Byers /' Sr. Corporate Real Estate Representative Witnesses for Company: N~~ Wf01Z- Dated: S<.pf t '1, J,.OO S 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: fJ~~ ~;L ~(LEllen T~ Cbadwell Assistant County Attorney Dated: Porm 3'740 Rev. 10/9/95 Page 4 of 4 Agenda Item No. 16C1 October 11, 2005 Page 8 of 13 EXHIBIT ~ Page--L-of=::L n 0.5 0.8:17 GH-e -~.. CI :II II . I'" II -< ~ Z D :J: ~ Z . II Z , OG)~ . a :IE C> . ~ '2! ~ ~ ~ ~ !Ii C> '" Z ~ o :.. ~~ o "'Vl 8fTl ",0 :I: F Cl:E~8 :..f:lmE VlSlC", ()~('):.. "'b3 ~o3g ~~!:l~ ~z~., Vl~~!2 ooz~ z."l:Jz ....!<Ji!!i: oJ:5~ l:l;::!o J:z", gC>~ ~ 5 ~ o Z "'tl ~ PUn. - CITY GATE DRIVE t SCALE: 1"- 800.' I MATCHLlNE SEE FIGURE 28 S:! ~--=-:..:....:..........:<':"_..L...,~--,-- ."_ ..: ~--- -_.~~----:-:-.-_. --.- .. - ... -.- .' Agenda ftem~_t6C-+--::~':':..~. October 11; 2005 Page 9 of 13 EXHIBIT ~ page~of~ CI :II .. .. .- II 0( ~ Z D % ~ Z . II Z ?T~ ~ ~ ~ ~ III III '" ;;j ~ c !!{ " ~ ~ o '" ~ . ~~ 2~ o NUl ~e ::e JT1 1= c::e~8 "'~"'E ~~~!:l ~c~g ~~lJl~ ~z~~ 5 o~zSl (") Z"f:lz ~ ....!:l"';t: ~ .~~~g i g~~ ~ WEU. SITE No.7 < 60'><22' 'SITE) ~ WEll SITE No. ; (100'.22' SITE) ---. ~,L D~ 10ft ~ ~ ~ PUD o ~ MATCHLlNE SEE FIGURE 2A I \ )\tk~ r TWill SITE No. ~ c;l (40'.50' SITE) ~PROPOSEO 8' RAW WATER \> COLLECTlON MAIN PRO 15' ~ 1"\ ( ~ \.-- WEll SITE No. 6 ""7 (40'.60' SITE) . ~~~~~n 12' ... ./ COu..ECl1ON ~ PROPOSED 30' RAW WATER "tAAlN"\ '" TRANSMISSION tdAlN G I \ .--WEll SITE No. 10 - ~ / (40'><50' SITE) (f. ""I:.( v. ~:o':?" J SITE) '-. I~ I I ~ EXISTING 170' fPl EASEMENT ~ I ~~Ell SITE No. 11 It' G \(40"60' SITE) , ROAD EASEMENT j ~ f-- "...PROPOSED 24' RA WAT~ I TRANSMISSION MAIN . ..--PROPOSED 15' UTlUlY EASEM NT /WEll SITE No. 1 If. (40'.50' SITE) _ \ Illl'\ PU - RST !>sSE BlY MINISTRY V-~l.~ITE \ Il:lIJEO CAli N ~ REi ~IUTAlION . (TOO ><22' ~;r) PUD - SWAlAP B GGY M~ ~"101 m 'Ii WATER tGT IR" TRAN MISS PN ~ IN - (PROPOSEO 1~' II) ~ P OPOS D 8' RAW WATER COUECIlON ) Ci ~ ION tdAlN WAIN......,. r ~ ./ SITE. 17 ~< 30' ROAl: EAS MENT (40'_ IY- WE.l,l ~~. 8 (40' O' '''~I l..- E: lSTlN 17' fPl EASEMEN /"WElL, .;;ITE No.1 ,,-~.22 SITE) "'--wrI' -- No. 23 (60'_22' -, ;:= ~WC'l 1 .,,,... '\ ~'i.: L~5~ t:,,~~' 16 rro. 1; J I, I ").~ \..0.. f~sOJt~g,df M ~w W .....-WEll SIT!' NO. 10 ~~;~22' PU - SWAMP BUGG ~ R / L~PROPO ll" RAW WATER COllEC I N MAIN ,~ WELL SITE No. 22 r"'~) RAT11..ESHAKE -1-iiJ;lll CK ROAD MOCK PARK P oposV"G ~ 1 . l1TIUTY . a.tENT I WEU. SITE No. 21 (40'.80' SITE) i--PROPOSEO 6' AA WATER }-lCOu..ECTlON IoIAlN WEll SITE No. 0 (40'><50' srre:f . ~ "-. I I I f n 05 08:18 GH-B ~t SCALf: 1'. 800' DA i-- I :!I " c: ~ III Agenda Item No. 16C1 October 11 . 2005 Page 10 of 13 MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT THIS MEMORANDUM OF RIGHT-OF-WAY CONSENT AGREEMENT dated this II f1-.. day of OJ-ub-<-r , 2005, by and between COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as the "County") and FLORIDA POWER & LIGHT COMPANY, a Florida corporation (hereinafter referred to as "Company"); WHEREAS, on the 1111.. day of 0 LlD b if , 2005, Company and County entered into a written Right-of-Way Consent Agreement, hereinafter referred to as the "Agreement" 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 3129, Page 2255, 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 BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk By: Fred W. Coyle, Chairman By: ~~ Signature j:::::e:uy LofeZ Printedffyped Name ~ y-- Signature .I'l1 M (C-. 2.. 0/~ Go PrintedfTyped Name FLORIDA POWER & LIGHT COMPANY By ~/ ../ ~--- Its: Sr. Corporate Real ate Representative Print Name: Mark L. Byers Memorandum of Right-of-Way Consent Agreement Agenda Item No. 16C1 Oc\Qber 11. 2005 flagei2 of 13 STATE OF FLORIDA COUNTY OF SARASOTA o The foregoing instrument was acknowledged before me this ~ day of A~~"'~ 2005 by Mark L. Byers, as Sr. Corporate Real Estate Repre entatlve, of FLORIDA POWER COMPANY, a Flonda corporation, on behalf of the corporation. He is ersonally known to me r who has produced [type of identification as I Ica I n. WITNESS my hand and official seal this ~ day of ~+Q~W'- ,2005. (affix notarial seal) '-&1~~~ (Signature of Not Public) ~F "t: R l vi R S Q H u. Q R.. (Print Name of Notary Public) NOTARY PUBLIC Serial/Con:'m~ssion #.:(if anv). ~ ~ ~ 54 I 7 My Commission Expires: tD / (" . ~~'~ BEVERL V B. SCHURR .". MY COMMISSION II 00115417 ~<t.,,,.... EXPIRES: Juno 24. 2_ 1~- FL--"llonIl...._1nC. Approved as to form and legal sufficiency: ~ ~ I /"'- Heidi F. Ashton Assistant County Attorney l:Y~m A. 16C1 ;;~fi~05 _ f 13 lH ~~ 05 08:18 GH-B FlLE: J: . II . oC)~ . r . . . 0( ~ n . ~ .., .., F Z Z ~ ~ a J: Vl Vl . .., =l Z ~ '" . C . ~ Z n , .., Z .., ~ 0 ;u ~;B ~~ o NUl 88 ~ I"T1 r r :; o ~ o Z "1J ~ b~;g8 ;;VJ;:a:Jr- Vl~CC ("HT'ln~ ~63n 'il~3g ~!l1Gl~ "n ~z"'n !l1~~~ OCZ;u Z"tJ~Z ...."';ul:: 0;0-'" ..,l::~~ o~c ;r::Zt;] gn~ '" ~ MATCHLlNE SEE FIGURE 2A t -~ 1 - ) ~\'WElL SITE No. 5 PRO 'cis D \ ~ (40'xSO' SITE) - 15' TV ~PROPOSED 8" RAW WATER ". t'\ 1 < COLlECTION MAIN S WELL SITE <- No.7 y ~ \ ) (60'.22' SITE)~ ( ~rL SITE No.6 \ ...... (40'.60' SITE) WELL SITE < ~~~~~f~1> 12" No.9 (100')(22' COLLECTION r ...-- PROPOSED 30" RAW WATER SITE) --..... '-MAIN ~ TRANSMISSION MAIN G) \ r ~ELL SITE No. 10 (40'x50' SITE) till .~ < (F.>< ;y :Sll~ J 0 II< ~o. 8)']. > ') EXISTING 170' FPL EASEt.lENT 60'.2 . 0 J SITE) " ~f'.l sm: No. " D-Q ~ I G (40'x60' SITE) "" . ROAD EASEt.lENT j ......... - ,..PROPOSED 24" RA WA'T ~ WELL,gm: "I TRANSI,USSION MAIN No.1 ~~~2i' ,r fROPOSED :NT SITE) 15' UTlUlY EASEI.l ~ vF SITE No.1 IT. (40'x50' SITE) 0 ~,~m:\Ii: PU cAne hRST -.sSEI BLY I.IINISTRY ED N~ REI !ABlurATION I~ (100'.22' \, I PUD - SWAI.IP B GGY nAYS I~ ~""<-J r.r: WATER .,~~.~ 16. / TRAN MISS ON M .... 1 r-PF ~. 8" RAW WATER OPO~ T COLlEcnoN CC LLECl ON MAIN '-' / IoIAIN--........ I ""' ~ J . "'"'" SITE ~ A ~ . 17 30' ROAC EAS MENT \~'x ' ) "--~~ -- lu~ S~ rM' H No. 23 (40-) 6 (60',22' O' k .....-E ISTIN 17 'fp EASEI.lEN 1:r{ ~~~ "E.,~ BUGG DAY ..l: I.: ~WELL co'" '\ LL~~. . 18 PU - SWAt.4P >-- '.5 ~ :: ~. 19 fl. = ~~ x",", '-... I PROPOSED 16" lAW W R " 1'RANSI.IISSION t.I. N - ? ~WELL SITE = ) NO. 15 LiROPfJ B" RAW WATER - ~~~22' COLLE N MAIN I MI.IOCK PARK L V ......-- WELL SITE No. 22 PUD :Sll to) 1~" L RATrLESNAKE HAf,iji CK ROAD P OPOSEi!i G 1 ' VTlUlY WELL SITE No. 21 0 I Ei SEItl ENT I (40',60' SITE) t--PROPOSED 8" RA WATER ~ tlOLlECT'ON ItlAIN WELL SITE No. 0 (40',50' SITE) ~ I I I I I CALE: ,". 800' :!l n c ;0 '" '" m . ". -.m~ ,... ~a~ 3AlJ 3 n ~[ 04 01 05 08:17 GH-B I I . . I'" . t( ~ z a :I: ~ Z . . z E OG)~ M I ~ ~ . ffi ~ lJ) lJ) ~ ~ ~ C') !2 ,.., ~ o ;0 ~~ J:"ll o NVl 8'" ",0 ~ ", F d~;!!8 ;o5~E ~!!In!a jb3n :;!c3g ~~rn~ 'V" ~z!2a !!!~"~ :~~~ o!a-,.., N~~~ 0::10 ~z~ 8C')~ ,.., ~ 5 ~ o Z "ll ~ PUD - CITY GATE DRIVE t SCALE: I.. BOO' WELL SITE No. (40')(60' sITE) PROPOSED 8' RAW WATER COLLECTION t.lAlN 5 c: ;0 '" MATCHLlNE SEE FIGURE 28 ~ Agenda Item No. 16C2 October 11 , 2005 Page 1 of 7 EXECUTIVE SUMMARY Approval of an Interlocal Agreement between Collier County and the City of Everglades City for the County to provide trash collection services in the City. OBJECTIVE: To obtain Board of County Commissioners approval of and direction for the Chairman to execute an Interlocal Agreement between the County and the City of Everglades City for trash collection services. CONSIDERATIONS: Waste Management Inc. of Florida provides trash collection services to The City of Everglades City. The level of services provided to the City is the same level of services that Waste Management Inc. of Florida provides to Collier County in District 1 of the unincorporated area of Collier County. The City has requested the County provide trash collection functions in the City at the same level of service and charge the city customers the same price that the county charges in the unincorporated area of the County in District 1. This Interlocal Agreement will insure that City residents receive the same level of service as the unincorporated residents, including the ability to receive the recycling carts and participate in the County's expanded recycling program. If this Interlocal Agreement is approved, the entire County except for the City of Naples will be participants in and governed by the Board of County Commissioner's Mandatory Solid Waste Collection Ordinance and Solid Waste Collection contracts. The County provides trash collection services to the City of Marco Island. The services are provided to the City of Marco Island at the same level of service and at the sarne prices as services in the unincorporated area of the County in District 1. If approved, County staff will provide manual bills to City customers (approximately 500) for the services during Fiscal Year 2006. Thereafter trash collection bills will be placed on the annual property tax bills. If approved, the boundaries of the service area (District 1) will need to be changed to include the City before trash collection assessments can be collected on the tax bill inside the City limits. Following are the key elements of the Interlocal Agreement: . The County will collect its solid waste service fees from those curbside customers that are listed on the property tax bill except for the first service year, which will be billed manually to the customers. ,.- Agenda Item No. 16C2 October 11, 2005 Page 2 of 7 . The City will collect (at Certificate of Occupancy issuance) and transmit to the County the current prorated annual fees for new curbside customers until such time as the new customers are added to the tax roll. . The solid waste collection services and prices provided by the County to the City will remain the same as the services and prices provided to the unincorporated areas of Collier County in Service District I. These services include curbside, multi-family and commercial customers. . City customers will pay the same rates and fees for the franchise hauler's solid waste collection services as the County's customers in the Service District 1. The services now being provided by the franchise hauler for curbside customers include two pickups per week for garbage, one pickup per week for recyclables, once a week pickup of yard trash, and once a week pickup of white goods and bulky items. . If the franchise hauler in Service District I under the new contract provides any new or additional services, the same services shall also be provided to the City. . The City's customers shall pay the same rates and fees under the new contract as the County's customers in Service District 1. The City of Everglades City Council approved the lnterlocal Agreement on October 4,2005. FISCAL IMPACT: Staff estimates there are approximately 500 curbside customers in the City of Everglades City. The Fiscal Year 2006 assessment for trash collection services is $153.70. Fund 473 (Mandatory Trash Collection) will receive approximately $76,850.00 of revenue in Fiscal Year 2006 from the City of Everglades City curbside customers. Revenues in future fiscal years will be based on the annual assessment rate approved by the Board of County Commissioners. GROWTH MANAGEMENT IMP ACT: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommend that the Board of County Commissioners authorize the Chairman to sign the Interlocal Agreement with the City of Everglades City for trash collection services and approve the necessary budget amendments when the exact number of residential units are determined from the Property Appraisers records. PREPARED BY: John Yonkosky, Director, Utility Billing and Customer Service Department Agenda Item No_ 1 GC2 October 11; 2005 Pa98 301 7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 1fj:~ Meeting Date: Approval af an Inierlocal Ag!eemenl between Collier C;c,unty and the Cit,' of E'./er9lades City for the County to provide trash collection serYlces In the City 10/11120059 OC aD AM ApllMwd B)' Tercu Ri~!;cn Rr.veflue M"n"ger Date PubliC Utilities unes <:)(11120053:04 PM Approved By John A. Yonlo.osky Utility Billing Dlr€lctof DatI! Public; UtUitles UBCS 9/27/20051;32 PM ApllFO\'cd By Bait! SridhAr Ser)ior Mllnagement/B-udget Analyst D.H~ Public Utili lies PUblic Utili tillS Operation!> .9/27120051:39PM ApprO\-'ed By James W. Delony PUblie UtilltilH. Adrninlstrntor Da.. Public UtIlities Publlj,: Utillhes Adminlstrallon 912712005 :bHi PM A'lpro\'t'd B)' OMB Coordimllor AdministratIve Assistant Date County Mnnager':;; Offic;e Office 01 Management & Budget 9/2ll/2005 1:56 AM Appm\'t'd By Randy GreP.'nwAld MilnagemenUBlldyetAnalyst Datt' County Manager's Oflice Office or Man8genuml So. Budget !l/2BI2005 4:110 PM AIIIUOO\-'cd By Dilnic-l R. Rodrigue:::. M.B.A lntc-rim Solid WiI:lte Director O.1ltc- Public Ut/hne:l S(llld IN. utE! 9/30/20053:11 PM Appro\'t'd By Mlch...c-l Smykow\iki Management 8. Bl.lIJget Director DatI!- County M,mll.get's Office Office- of M.11l1l11cmcnt & Budget 1013/20051:32 PM APIJro\'cd 8)' James V_ Mudd County Manager D;!Ite OO!lfd orCoullty C()mmissloners County Manager's onjce 1013/20055;20PM Agenda Item No. 16C2 October 11 , 2005 Page 4 of 7 INTERLOCAL AGREEMENT FOR SOLID WASTE COLLECTIONS AND SERVICES THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into this _ day of , 2005 by and between the Board of County Commissioners of Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as "County"), and the City of Everglades City, a Florida municipal corporation (hereinafter referred to as the "City"). RECITALS: WHEREAS, the Florida Interlocal Cooperation Act of 1969 (Chapter 163, Florida Statutes), authorizes the joint exercise of any power, privilege or authority which the public agencies involved herein might exercise separately; and WHEREAS, the County and the City are public agencies within the meaning of the Florida Interlocal Cooperation Act of 1969 and desire the joint exercise of power which each might exercise separately; and WHEREAS, solid waste collection services in the City are currently being provided by Waste Management Inc. of Florida; and WHEREAS, solid waste collection services in the unincorporated Area of Collier County are provided by Waste Management Inc. of Florida pursuant to a contract with the County for the unincorporated area in Collier County that has been designated by the County as Service District I; and WHEREAS, the City's customers are now provided the same level of service as those customers in the unincorporated areas of Collier County in Service District I; and WHEREAS, there are approximately 500 residential accounts for the curbside collection of solid waste in the City, in addition to commercial accounts; and Agenda Item No. 16C2 October 11, 2005 Page 5 of 7 WHEREAS, Collier County will provide, at no cost to the City, billing for curbside customers on the property tax bill, customer service for any customer complaints, code enforcement, roll carts, all current curbside services and any additional future curbside services that are provided to the unincorporated areas in Service District I; and WHEREAS, Col1i~r County will provide customers inside the City limits the same level of service provided to the unincorporated areas in Service District I; and WHEREAS, Collier County will provide customers inside the City limits the service at the same charge provided in the unincorporated areas in Service District I. NOW, THEREFORE, the Board of County Commissioners of Collier County and the City Council of the City of Everglades City agree as follows: 1. The County will provide and the City will utilize the services of the County's franchise hauler, which currently is Waste Management Inc. of Florida. 2. The County will collect its solid waste service fees by direct billing to each curbside customer for the first year of this Interlocal Agreement. Thereafter, fees will be collected on the individual property tax bill. 3. The County will collect its solid waste service fees from those curbside customers that are listed on the property tax bill. 4. The City will collect and transmit to the County the prorated annual fees for new customers until such time as the new customers are added to the tax roll. 5. The solid waste collection services provided by the County to the City will remain the same as the services provided by the County's franchise hauler to the unincorporated areas of Collier County in Service District I. The City's customers shall pay the same rates and fees for the franchise hauler's solid waste collection services as the County's customers in Service District I. 6. The services now being provided to the City by Waste Management Inc. of Florida include two pickups per week for garbage, one pickup per week for recyclables, once a week pickup of yard trash, and once a week pickup of white goods and bulky items. 7. The County has negotiated a new contract with its franchise hauler for Service District I. Any new or additional services that are provided by the franchise hauler in District I under the new contract shall also be provided to the City. The City's customers shall pay the same rates and fees under the new contract as the County's customers in Service District I. Agenda Item No. 16C2 October 11, 2005 Page 6 of 7 8. This Agreement shall remain in effect until terminated by the County or the City. Either party may terminate this Agreement, with or without cause, by providing written notice to the other party. Termination shall be effective forty-five (45) days after receipt of said written notice. This Agreement may be amended from time to time upon the written consent of both the parties. Any amendment must be in writing and must be executed with the same formalities as this original Agreement. 9. NOTICES. All notices required under this Agreement shall be directed to the following offices: For the County: Office of the County Manager, 3301 East Tamiami Trail, Naples, Florida 34112. For the City: Office of the City Clerk, 102 Copeland & Broadway, Everglades City, Florida 34145. 10. INDEMNIFICATION. To the extent allowed by law, each party agrees to indemnify, defend and hold harmless the other, its officers, board members, council members, agents and employees from and against any and all fines, suits, claims, demands, penalties, liabilities, costs or expenses, losses, settlements, judgments and awards and actions of whatever kind or nature, including attorney's fees and costs (and costs and fees on appeal) and damages (including, but not limited to, actual and consequential damages) arising from any negligent, willful or wrongful misconduct, knowing misrepresentation or material breach of this Agreement by such party, its officers, board members, council members, agents or employees. This paragraph shall not be construed in any way to alter the State's waiver of sovereign immunity or extend the party's liability beyond the limits established in Section 768.28, Florida Statutes. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year fIrst written above. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: , Deputy Clerk Fred W. Coyle, Chairman Approved as to form and legal sufficiency: Robert N. Zachary Assistant County Attorney ATTEST: DOTTIE SMALLWOOD JOINER City Clerk Approved as to form and legal sufficiency: Chris Lombardo City Attorney Agenda Item No. 16C2 October 11 , 2005 Page 7 of 7 CITY OF EVERGLADES CITY By: SAMMY HAMILTON, JR., Mayor Agenda Item No. 16C3 October 11, 2005 Page 1 of 25 ~--'-' EXECUTIVE SUMMARY Recommendation to approve Work Order # PSI-FT-05-04, to PSI, Inc. under Contract No. 03-3427 "Environmental Engineering, Remediation and Restoration Services for Collier County" to complete a Risk Management Assessment at the Naples Recycling Center located on the former landfill at the Naples Airport, in an amount not to exceed $97,957.50, project #59003. OBJECTIVE: To approve Work Order PSI-FT-05-04, in an amount not to exceed $97,957.50 to conduct a Risk Assessment at the Naples Airport Landfill, the site of the proposed upgraded Recycling and Household Hazardous Waste (HHW) Collection Center. The public purpose of this action is to assess the potential environmental liability involved with the restoration of a former County operated landfill for the beneficial use as an improved Recycling and Household Hazardous Waste Collection Center. - CONSIDERATIONS: On December 16, 2003, the Board of County Commissioners (BCC) approved a work order for $375,500, agenda item 16.C.16, authorizing PSI, Inc. to accomplish engineering work for the design of four Recycling Centers and HHW Collection Centers. The Naples Recycling Center is situated on a closed County Landfill located at the Naples Airport, and serves approximately 45,000 customers per year. In order to meet the increasing demand for the current recycling facility, a collection of assorted sheds and containers, needs to be improved. The proposed design will require a larger site. Staff directed PSI to examine the best-value alternatives: 1) Purchase alternate site for the facility. (Estimated cost: $4,800,000) 2) Expand the existing site. (Estimated cost: $1,300,000) Expanding the existing site will require excavating a portion of the old landfill. The excavated material will be screened to separate the solid waste from the Recovered Screened Material (RSM) or soil. The solid waste will then be mounded elsewhere on the landfill to form a berm and will be covered with the RSM. The berm will then be covered with sod and landscaped. This is the method recommended by the Florida Department of Environmental Protection (FDEP). Excavating old landfills presents an inherent environmental risk. To lessen this risk and prepare for any contingencies, PSI will perform a Risk Assessment and prepare a Risk Management Plan for the proposed construction site. The Risk Assessment, which far exceeds the level of a Phase 1 or Phase 2 Environmental Audit, will investigate among -- Agenda Item No. 16C3 October 11, 2005 Page 2 of 25 other parameters both historic and current groundwater and geotechnical conditions to determine if any contaminants are present. In a letter to the BCC dated February 8, 2005, the Naples Airport Authority (NAA), from whom the site property is leased, stated their support of the establishment of an upgraded Recycling Facility at the site. The NAA does not plan to use this former landfill site, and they voted unanimously to accept a proposal from the Solid Waste Department for a 30 year, renewable lease of the property. [see document titled "NAA Letter"]. The scope and costs were negotiated with PSI and have been determined to be fair and reasonable based on comparison of negotiated former and ongoing project price lists with equipment costs and hourly fees. The work will be done as a Time and Materials, Not-to- Exceed agreement. The Clerk's Finance and Accounting Division has reviewed the information contained in this Executive Summary. FISCAL IMPACT: The funding source for this project is the Solid Waste Capital Projects Fund 474 which was budgeted and approved by the BCC at the Budget Hearing of September 23, 2004. The FY 2005 budget for this capital project is $5,845,000 (for the four facilities). GROWTH MANAGEMENT IMP ACT: This action is consistent with the Growth Management Plan as reported in the Annual Update of Inventory Report, and is consistent with the Integrated Solid Waste Management Strategy to provide infrastructure for Commercial, Multi-family, and Residential Customers to further divert waste from the Landfill for beneficial re-use and recycling. RECOMMENDATIONS: That the Board of County Commissioners approve, and authorize the County Manager or his designee.to execute, Work Order #PSI-FT -05-04 in an amount not to exceed $97,957.50, with PSI, Inc to perform a Risk Management Assessment at the Naples Airport Recycling Center. PREPARED BY: Kevin H. Dugan, Environmental Compliance Manager, Solid Waste Management Department. Item Number: Item Summary: Meeting Date: Agendaltern No. 1GC3 October 11, 2005 Page 3 of 25 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C3 RecommendatIOn to approve Work Ortier # PSI-F"T "C5.()4, Ie' PSI. Inc. under Contract No 03-3427 Envlronmenlal Engmeering. Remediation and Restora1ll:;n Servl~&. tor Coliier COWlt',' 10 compiete a Risk Management ASjH'lSSnlel;! at thl- Napli!S Recycling Center locaierJ 0"1 the fO'fT\~r iandfillal tht' Nilple~ Ivport. in an amount n(lt to exceed S~1795750. prUjec\ #~~9n03 lDI11f200~;J 90QOllt..M Diltl'l Allpro\'cd B)' AI)Ilrm'ed B)' D..nI(l!1 R. nodriguo;::. M.B.A. Interim Solid Wilde Director 9flO/2006 9:58 AM Ray SmIth Public Utllilles Solid "~aste Oir~eto! Dale PLlbli(, Utilitieli POllutum Control &. Prelle-ntion 9mf20059:02AM LYll Wood Purcha$ing Agent Date Approvcd 0)' Administrative Services Put\:hasiny 9/2Gf200S ,;Ol,i PM Appnwcd By Op.e-raljons Director Date Thomas Wides PubUc Unlitia-s Public UtiiitlEl5 Operations 9/2S/2005 1;36 PM Pun:haslngIGent!r;l1 S..c:> DlH!ctor Date AIIIJrl)\'ed 0)' SteveCamell Administrative Senllc~s Purcll<'lsing Q/:l6l200!i.4:58 PM Jamc,,; W Dll-lony PubliC UtllillU Administrator DJlte Apllrm/cd OJ Public Ulilltifls Public Utilities AdmilHslratiQn 9127120059:-44AM Admlnlstfntl\if! Assistant Dale Allprovcd B)' OMB Coordinat.or County M,mager's Office Otlice of Managp.rnent & Budget IH28/200S 8:0!i AM Susan Usher Senior ManaH&mllntlBudget Analyst D.1te Apl)nl\'cd 0:,' County Manager's O<<ice Office of M;lInOllgemenl &. Buayet 101.11200511:10 AM Michael Smykowsk! M/lnngement &. Budget DIrector Date Approvcd By Caunty Manager'!'> OffICe Office of Milnagement &. Budget 1013/200512;11 PM L~o E Ochs, JL Deputy COlmly Manager [)at~ Appnl\'cd By Board of County CUn!mlssioners County Manllg<1'r'~ Office 10131200Sli:44 PM ~1 '~ Agenda Item No. 16C3 October 11 , 2005 Page 4 of 25 CITY OF NAPLES AIRPORT AUTHORITY 160 AVIATION DRIVE NORTH · NAPLES, FLORIDA 34104-3568 ADMINISTRATION (239) 643-0733/FAX 643-4084 OPERATIONS 643-0404/FAX 643-1791, E-MAIL administration@t1ynaples.com 08 February 2005 Honorable Chairman & Board of Commissioners Collier County 3301 East Tamiami Trail Naples, Florida 34112 Re: Confirmation of City of Naples Airport Authority's Agreement to a long term lease for the proposed expansion of the Recycling and Household Hazardous Waste Collection Center on the Naples Municipal Airport Dear Chairman Coyle & Commissioners: The City of Naples Airport Authority supports the recycling efforts of the Collier County Solid Waste Management Department and its plan to develop a State-of-the-Art recycling and household hazardous waste collection center at the Naples Municipal Airport. In fact, at the Authority's Regular March 2003 meeting, our Board of Commissioners voted unanimously to accept a request from the County Solid Waste Department for a long term lease and a larger lease site at the airport. We have attached a copy of the March 2003 Agenda Item that addressed this matter, along with the written request from the County and the Minutes of the meeting. A more detailed plan is anticipated to be received by our Board at its February 17,2005 Regular Meeting. We look forward to working with your staff as this exciting development moves forward. Sincerely, ~y,~J Theodore D. Soliday .; Executive Director C: Mr. James V. Mudd, County Manager Mr. James W. DeLony, Public Utilities Administrator Mr. G. George Yilmaz, Director, Solid Waste Management Department Mr. Kevin Dugan, Environmental Compliance Manager \DJrn@[gow@f2\ lru FEB \4 2005 \QJ SOLID WASTE DEPT. NAPLES MUNICIPAL AIRPORT 1he Sui tiHte AirptH'l in 'he Ctnmf,~ .~ Printed on Recyded Paper. t. ~ ~t Agenda Item No. 16C3 October 11, 2005 . - Page 5 of 25 CITY OF NAPLES AIRPORT AUTHORITY 160 AVIATION DRIVE NORTH · NAPLES, FLORIDA 34104-3568 ..2 3~ ADMINISTRATION 4P41') 643..0733/ FAX 643-4084 OPERATIONS 643-0404IFAX 643-1791, E-MAIL administration@flynaples.com *****MEMORANDUM***** TO: Honorable Chairman and Commissioners FROM: ;i.dJ~ t/, L7~' Theodore D. Soliday Executive Director DATE: 18 March 2003 RE: NAPLES RECYCLING CENTER (New Agenda Item 0-2. Presentation following 0-1) ************************************************************ ACTION REQUESTED: Board acceptance of the request from the Collier County Solid Waste Management Department to commit to a long-term lease agreement and a larger lease site. BACKGROUND: Collier County has leased land from the Authority for the Transfer Station operations under short-term leases since the late 70s. The current lease agreement is for 155,090 square feet and expires in September 2005. The Solid Waste Department is currently working with their consultant to design new recycling centers that would replace the existing transfer stations around the County. Before incurring any expense for the Naples Recycling Center that would replace the Transfer Station on the north quadrant of the Airport, they are requesting the Authority's comInitment for a long-term lease and more land area. Should the Board agree to their request, our staff will work with the Solid Waste Department and their consultant during the design process to address any issues that would impact the Airport, such as location of structures that could impact the proposed VOR and access to the site from Enterprise Avenue. A letter from Mr. George Yi1maz, Director of Collier County Solid Waste Management Department is attached. Mr. Kevin Dugan, Environmental Compliance Manager, will have a brief presentation for the Board. FINANCIAL IMP ACT: An increase in the lease site would increase land rent revenue. NAPLES MUNICIPAL AIRPORT Ihe BeslliHle Air(XH'l in Ihe CDunlrlJ ~,.. Pnnl8<l on Recyclo<l Paper. t. : - ~. - . Agenda Item No. 16C3 October 11 , 2005 Page 6 of 25 COLLIER COUNTY SOLID WASTE MANAGEMENT DEPARTMENT 3301 East Tamiami Trail- Building H · Naples, Florida 34112 · 239-732-2508 - Fax 239-774-9222 March 17, 2003 Mr. Ted Soliday, Executive Director City of Naples Airport Authority 160 Aviation Drive Naples, FL 34104 Dear Mr. Soliday: The Collier County Solid Waste Management Department is proposingto construct a new Recycling Center at the Naples Municipal Airport. A new design utilizing the Old Florida/Key West Motif with landscape buffers will replace the existing Transfer Station. The new facility will not only meet the recycling needs for the area but will also have a state of the art Household Hazardous Waste Containment facility capable of serving both residential and small business interests. Therefore, we are requesting a longer lease commitment and a larger site for the Naples Recycling Center. If you have any questions, please feel free to call Kevin Dugan at 732-2508. Sincerely, ~~ ~.. ,/ / G. George Yilmaz, Director Solid Waste Management Department c: Robert Zachary, Assistant County Attorney Kevin Dugan, Environmental Compliance Manager Irving Berzon, P.E., Solid Waste Engineer c o {~~ c o ~ y ." ~A~R tOb5 ijc~~ 1\~&.LlJ,..A~ tqtt.~144 . M, ltlA.Tf-.5 Agenda Item No. 16C3 October 11, 2005 Page 7 of 25 3. :...03 March 2003 Workshop Meeting Minutes Commissioner Manion moved approval of the 03 March 2003 Workshop Meeting Minutes. Commissioner Carlson seconded. Motion passed 5-0. D. PRESENTATIONS AND TIME CERTAIN ITEMS 1. "Gates of Naples " Artwork Commissioner Manion reported that last month, City Council had accepted a donation of two bronze sculptures, entitled "The Gates of Naples " by local artist Walter Koenigstein. Mr. Koenigstein had requested that the Board consider the placementofa third sculpture to be located on airport property. Commissioner Manion introduced Mr. Koenigstein, who discussed the proposed artwork. The Board was also able to view a conceptual design. Commissioner Manion made the motion to accept the donation of one bronze sculpture to be placed on airport property, the location to be determined by staff and the timing of the placement to be determined by the artist and staff. Commissioner Carlson seconded. Commissioner West requested legal counsel review vested rights and ownership issues with respect to the artwork. Commissioner West also expressed concern with grounding and lightning issues. Mr. Soliday stated that the details of the project will be worked out with legal counsel and the artist and will be presented at a future Board Meeting. Motion to accept the donation of the artwork passed 5-0. 2. Naples Recycling Center Mr. Kevin Dugan, Environmental Compliance Manager with Collier County, addressed the Board requesting Board acceptance ofthe request from the Collier County Solid Waste Management Department to commit to a long-term lease agreement and a larger lease site for the Transfer Station located on airport property. He reported that the Solid Waste Department is currently working with a consultant to design new recycling centers that will replace the existing transfer stations around the County. Collier County staff and Airport Authority staff will work together during the design process to address any issues that may impact the airport. Commissioner Carlson made the motion to accept the proposal as presented. Commissioner Manion seconded. Motion passed 5-0. E. PUBLIC COMMENTS Mr. Steve Kingston, Mariner's Cove, addressed the Board asking if there was a maximum dollar amount that the Board agreed to spend with respect to the Stage 2 aircraft ban issue. Commissioner West replied that the Board had agreed to move this issue forward to completion with no set maximum dollar amount. Mr. Kingston asked how much money had been spent over the past three years regarding this issue. Mr. Soliday replied under two million dollars has been spent over the past three years. 2 Agenda Item No. 16C3 October 11, 2005 Page 8 of 25 Work Order #PSI- FT-05-04 Risk Management Plan for the Former Landfill at the Proposed Naples Airport Recycling and Household Hazardous Waste Collection Center Collier County, Florida Collier County Contract # 03-3427 September 9, 2005 This Work Order is for the Risk Management Plan for the Former Landfill at the Proposed Naples Airport Recycling and Household Hazardous Waste Co[lection Center, subject to the terms and conditions of the Contract referenced above, for work known as: Proiect: Risk Management Plan for the Former Landfill at the Proposed Naples Airport Recycling and Household Hazardous Waste Collection Center, on behalf of th e Collier County Solid Waste Management Department, Collier County, Florida. Project BackQround: Naples Airport Recycling Center The Naples Recycling Center, 2640 Enterprise Avenue Extension, currently serves the Naples area with a wide variety of waste transfer, recycling and limited household hazardous waste collection services. As citizens' need for recycling services has increased over the past several years, the recycling center has grown in size and complexity. Currently the following are being designed for the Naples Recycling Center: ~ Expand the current area for recycling operations; ~ Add a Ticket building; );> Add a Household Chemical Collection building; ~ Add a Construction & Demolition Debris transfer building; ~ Add a Recycling Building to include five roll-off containers, paper shredder, cardboard baler, and electronics collection. Included in the design for the Naples Airport Recycling Center is an operations facility for use by employees to administer and manage the recycling and household hazardous waste collection center activities. Former Landfill The existing Recycling Center encompasses approximately 4 acres and is situated on top of a former limestone quarry which was converted into a solid waste dump in the 1940s. The area was later operated as a sanitary landfill. The area used for solid waste disposal encompasses a total of approximately 25 acres, a portion of which includes former borrow pits filled with solid waste. The solid waste landfill was in operation until the 1970s. (pBI1 Risk Management Plan Naples Airport Recycling Center Work Order 552-G5164-R Agenda Item No. 16C3 October 11, 2005 Page 9 of 25 September 9, 2005 Page 2 of 5 A berm currently exists to the south of the recycling facility and is made up of solid waste material derived from the former landfill that has been covered with soil. The berm serves as a buffer to the airport. Prior to construction of new facilities, a portion of the former landfill requires reclam ation and geotechnical stabilization. The Risk Management Plan is therefore proposed to address potential risk factors created by the reclamation and construction of the proposed new facilities at the former landfill. Scope of Work: 1. GROUNDWATER ASSESSMENT- A Groundwater Monitoring Program will be developed to address potential groundwater issues associated with the reclamation process. A groundwater monitoring program was implemented by the Airport Authority from October 1987 to December 1991 which resulted in a No Further Action order by the Florida Department of Environmental Protection, However, it is in the best interest of Collier County to evaluate groundwater conditions before, during, and after the Reclamation Process to ensure that any contaminants detected in the landfill will be addressed. The Groundwater Monitoring Plan will include qualitative and transport elements and will be conducted in accordance with Chapter 62-701, Florida Administrative Code (FAC). The groundwater monitoring wells that were utilized in the former Groundwater Monitoring Plan have been abandoned, which necessitates new well installation. Six monitoring wells (three shallow and three deep) will be installed, generally in locations designed to intercept contaminants that may exist as a result of the former landfill. The wells will be used for groundwater sampling to evaluate if contaminants are present and for water elevation measurements to facilitate contaminant transport modeling. The groundwater. samples will be collected and analyzed according to specifications prescribed by the National Environmental Laboratory Accreditation Program (NELAP). Three sampling events will be. conducted: before, during, and after the reclamation to ascertain impact to the groundwater. Based on the results of the groundwater assessment, it may become necessary to design a slurry wall or interceptor trench to prevent any contaminants from migrating off the property. An engineering design plan for groundwater collection and processing is included in this Work Order. 2. POTENTIAL RECEPTORS - A Potential Receptors evaluation will be conducted as an element to the Risk Management Plan. This will include all groundwater and surface water pathways that could be receptive or impacted within a half mile radius of the site. In order to accomplish the Potential Receptor evaluation, an environmental database will be obtained which will include the Gordon River, potable or irrigation wells, wellfields and other wells in the vicinity that could be impacted from the landfill. rqlill Risk Management Plan Naples Airport Recycling Center Work Order 552-G5164-R Agenda Item No. 16C3 October 11, 2005 Page 10of25 September 9, 2005 Page 3 of 5 3. GEOTECHNICAL SURVEY - Additional geotechnical drilling and assessment is required in areas not previously assessed due to changes in the size and location of the proposed buildings. Eight additional soil borings to approximately 30 feet are recommended to provide information for design parameters including allowable bearing pressures, foundation sizes, foundation levels, and expected sett/eme nts. 4. VIBRA lION MONITORING - A Vibration Monitoring Plan will be developed as an element for the Risk Management Plan for the Deep Dynamic Compaction Process (DOC) anticipated to occur during the landfill reclamation. This plan will consist of developing a monitoring program for any potential vibrations emanating from the DOC process and a mitigation plan, if necessary Included in this Plan will be the designation of vibration monitoring equipment, location of equipment, frequency of measurements, and mitigation measures. 5. HEALTH & SAFETY - OSHA A Site Specific Health & Safety Plan will be developed to address well installation activities, construction activities, reclamation activities including excavation, Deep Dynamic Compaction procedures, material transport, berm construction, and sampling procedures. All Health & Safety Plan elements will be in accordance with 29 CFR 1910.120 and 1960. Security fencing will also be addressed to ensure that airport security is maintained. 6. HAZARDOUS MATERIALS CONTINGENCY I DISCHARGE CONTAINMENT PLAN- During the reclamation and excavation process, material may be encountered which requires special handling procedures. A Hazardous Materials Contingency I Discharge Containment Plan wilj be developed which will incorporate detailed handling procedures for 55-gallon drums, asbestos-containing materials, transformers and other containers or material that may be unearthed. The Hazardous Materials Contingency Plan will be developed in accordance with 29 CFR 1960. In addition, all onsite personnel will be OSHA-trained and medically monitored according to current PSI Standard Operating Procedures and 29 CFR 1960. 7. ORDNANCE- The Risk Management Plan will include information concerning the potential for buried ordnance at the former landfill. Historical records will be obtained, as available, and may include an Archive Search Request, as appropriate, from the US Army Corps of Engineer records. If no records are available to determine ordnance potential, geophysical methods may be recommended for subsurface evaluation. lP-1 Risk Management Plan Naples Airport Recycling Center Work Order 552-G5164-R Agenda Item No. 16C3 October 11, 2005 Page 11 of 25 September 9,2005 Page 4 of 5 B. TRAFFIC MANAGEMENT - A Traffic Management Plan will be included in the Risk Management Plan to direct traffic flow through the existing Recycling Facility so that disruption from any reclamation activity will be minimized. Alternate access and airport security will be established for reclamation and construction activities. Video documentation will be conducted to provide visual detail of existing conditions prior to and subsequent to reclamation activities. Any changes to structures or site conditions that are significant or substantive will be documented 9. ODOR, NOISE AND DUST - An Odor, Noise and Dust Control Plan will be developed to address any potential nuisance conditions such as odors, noise, or dust that may occur during the Reclamation Process due to uncovering buried solid waste. The Plan will include specification of equipment such as misters or odor control agents to mitigate any malodorous conditions and water misters to mitigate dust conditions. Documentation of the site by video or photographs will be conducted to document existing conditions before, during and after Reclamation Procedures. 10. PERMITTING - The Risk Management Plan will incorporate information on all necessary permits and notifications for the reclamation work and construction of new facilities: );0 FAA Notification );0 FDEP Notification );0 Building Permit ~ Site Development Plan );0 Stormwater Pollution Prevention Plan (SWPPP) inoluding Notice of Intent (NOI) )> Environmental Resource Permit (ERP) Schedule of Work: The Risk Management Plan will take approximately three months to complete from the date of authorization not including review and permitting time by Collier County or the regulatory agencies for permit review. This does not include the time period in which two of the groundwater sampling events will be conducted which is proposed during and after the Reclamation is underway. Compensation: Based upon the scope of work outlined herein, the estimated cost for providing the services is outlined as follows: ..1 Risk Management Plan Naples Airport Recycling Center Work Order 552-G5164-R Agenda Item No. 16C3 October 11, 2005 Page 12 of 25 September 9, 2005 Page 5 of 5 1. Groundwater Monitoring Program - 2. Potential Receptors Evaluation - 3. Geotechnical Survey - 4. Vibration Monitoring Plan - 5. Health & Safety Plan - 6. Hazardous Materials Contingency Plan - 7. Ordnance Evaluation Plan - 8. Traffic Management Plan - 9. Odor, Noise and Dust Control Plan - 10. Permitting- $65,992.50 $3695.00 $13,485.00 $1295.00 $1915.00 $3215.00 $1935.00 $975.00 $1015.00 $4435.00 Total Risk Management Plan $97,957.50 PSI will conduct the work on a Not To Exceed basis in accordance with Collier County Contract # 03-3427, Environmental Engineering, Remediation and Restoration Services for Collier County. Please note that the quantities for personnel are estimates only. Actual conditions may necessitate changes, which will be billed in accordance with the Contract. ISSUED BY: R. Shane Cox Public Utilities Department Date ISSUED BY: Date Daniel R. Rodriguez Solid Waste Department Director REVIEWED BY: Date Stephen Y. Carnell Purchasing / General Services Director ACCEPTED BY: YlOat.~g ~ Nana G. Faulkner Professional Service Industries, Inc. (PSI) <t./9/0 s Date G:\552ENV\Clienl Master Contracts and Information\Collier County Engineering Contract 2003\Facility Design Projects\Naples Airport Recycling 552-4G078\Naples Airport Risk Management\Risk Manage - Airport Work Order Sep 9, 2005.doc '-if ':VL~ ~, ..... '. = ".'"'"...... "'<:~'''''Sf7+'-'''0'''''''J'.",'\'''4J~' ,,",,,,,,.,.i"~' "-'";' .'\,i....,.../..:..."GT"'.~f'7?""?c,,:'7;A"'enHa~HerrtNo: H5C3- Risk Management Plan - Naples Airponlandflff, CollietCounty, FlorIda - Work Ordef'.No.552~51~ber 11 2005 Cost Estimate Page 13 of 25 Project Set-up Senior Engineer 16 hour $120.00 $1.920.00 Project Manager 30 hours $10000 $3,00000 Administrative Assistant, Secretary 8 hours $4500 $360,00 $5,280.00 Field Assessment Monitor Well Installation Site Clearing one event $3,70000 $3,700.00 Monitor Well Installation, assume 3 shallow wells 3 deep 6 wells $2,000.00 $12,000.00 assume 6 wells Subtotal: $15.700.00 Groundwater Sampling I Water Levell Stabilization Parameters Environmental Specialist 16 hours $80.00 $1,280,00 Environmental Technician 16 hours $45.00 $720.00 Field Vehicle 2 day $85.00 $170,00 Groundwater Sampling Supplies 2 day $252 00 $504,00 includes penstaltlc pump, decontamination equipment, gloves, interface probe, Subtotal: $2,674,00 3 Events Subtotal: $8,022.00 6 well samples, 1 equipment blank, 1 trip blank, 1 duplicate = 9 EPA Method 8260 (Volatiles) EPA Method BOB1 (Chlorinated Pesticides) EPA Metals (As, Sa, Cd, Cr, Pb, Hg, Se, Ag) EPA Method 604 or 8041 (Phenols) EPA Method 160.1 Total Dissolved Solids EPA Method 325.1 Chlorides EPA Method 350,1 Ammonia 9 9 9 9 9 9 9 sample $80,50 $72450 sample $104.00 $93600 sample $75.00 $675,00 sample $109,25 $983,25 sample $1 2 00 $108,00 sample $14.00 $126,00 sample $17.50 $157.50 Subtotal: $3,710.25 3 Events Subtotal: $7,420.50 3 sampling events - before, during, and post reclamation G:1552ENV\Clienl Masler CDntracts ancllnformalionlCollier CDunty Engineering CDntracl 20031Facility Design PrDjectslNaples Airport Recycling 552- 4G0781Naples Airport Risk ManagementI552-G5164-R Sop 9, 2005 Page 1 of 2 rfBl -""::" ,'..-n:. ,,,,,,,,..,,,.; .' "N"''',.1t. ""^'.' ~ ",:,"':,,,,,..'--" ,"".-."'~. .,~~7:~J; ~ "~"". . .,.."", .,. """"",.., .~<., ""~"N..-r:':: ...:: ':~": :-<,,:'~"" . ,:..."".>, ...",..>.. Risk Management Plan - NaPtesAirportlan~:~t ~~~::~~ounty. Florida - Work Order No. 5'~~5\f~Atfb~r~~', 1~~~ Page 14 of 25 SERVICES UNIT COST COST Report Preparation Senior SCientist 8 hour $120.00 $960.00 Project Manager 24 hours $100.00 $2,40000 Senior Technican (CADD GIS) 8 hours $55.00 $44000 Administrative Assistant, Secretary 6 hours $45.00 $270.00 Subtotal: $4.070.00 3 Events Subtotal: $12,210.00 Enqineerinq Study - Slurry Wall Desiqn or Interceptor Trench Senior Engineer 25 14 hour $12000 $1,68000 Project Manager 8 8 hours $10000 $800.00 Engineer 8 19 hours $90. DO $1,71000 EnVironmental Specialist 50 45 hours $80 00 $3,60000 Senior Technican (CADD GIS) 6 6 hours $55.00 $330.00 $8,120.00 Professional Services Meetings and Consultation, as necessary Senior SCientist 14 hour $12000 $1,68000 Profect Manager 14 ho urs $100.00 $1 ADO 00 Subtotal: $3,080.00 3 Events Subtotal: $9,240.00 Total Groundwater Assessment $65,992.50 G:1552ENVIClient Master Contracts and InformatronlColloer CDunly Engineering Contract 20031Facility Design ProJectslNaples Airport Recycling 552- 4G0781Naples Airport Risk Managemenl\552-G5164-R Sep 9. 2005 Page 2 of 2 Pill 'r!'__"..,,""'.< " ..~,"" ~, , ""'\, '", . ,"ei"'(""\""'7"'~"-" ,",' ""," """".",, '"'/''' "".,,,,,,,, "''''.7':''''''''''' ~'- ""..'"" . ~isk~an~gement Plan - Naples Airport Landfill, Collier County, Florida - Work Order NO'.55~.%~~fb~r~~'1~~~ Cost Estimate Page 15 of 25 proiect Set-up Project Manager Environmental Specialist Field & Research Assessment Environmental Specialist Report Preparation PrOject Manager EnVironmental Specialist Senior Technican (CADD GIS) Administrative Assistant, Secretary Total Potential Receptors Assessment COST 3 hours $100.00 $300.00 hours $80,00 $24000 Subtotal: $540.00 hours $80,00 $1,600.00 Subtotal: $1,600.00 hours $100,00 $400,00 hours $80,00 $800.00 hours $55.00 $220,00 hours $45,00 $135,00 Subtotal: $1,555.00 $3,695.00 3 20 4 10 4 3 G:\552ENVIClientMasler Contracts and Inrormalion\Collief County Engineering Contract 2003\Facllily Design Pro)ectslNaples Airport Recycling 552- 4G07BINaples Airport Risk Management\552.G5164-R Sap 9, 2005 Page 1 of 1 It!sil '-'~'~'-" ~,,,,,-,,,,,,. -, . """~-,",",,,,:'~ -. ~'~:''''''~-'. '--. ,.,^>.."",-., ,", .,~-~ ,...""....."'...--.:,'., ,.. ,. ,-~ .,,, ",:."... :~""'. ,.., '"'S;-,...."'-,'"'''",,,, .._-";,"'..- --" ^.=m~.._:.__., ""'~_, -"O';~. "~' . ,~_..- -~""" ~"<;'<<_'<>>."~ ='."'_. .',..._~~w,':~~":'- ,,~:.> :""",:.n'. ,~.__..___.. ..",. ~ Risk Management Plan - NaplesAirp~rt Landfill, Collier County, Florida- Work Order No. 55~~~~~!eb~r~~.1~~~ Cost Estimate Page 16 of 25 4 hou rs $100 00 $40000 8 hours $BO.OO $640.00 4 hours $55.00 $220.00 4 hours $45.00 $180.00 Subtotal: $1,440.00 Total Geotechnical Evaluation $13,485.00 ~~..,: .~.. """-"~' SERVICES r1:\$:K:$)rGtl~fJiltiili;4l~'(,;"",;;,\,; Proiect Set-up Project Manager hours Environmental Specialist hours Field Assessment Mobilization each Site clearing each SPT Borings 0 - 50 ft (B @ 30') 240 LF Grout bOrings 0 - 50 ft. 240 LF Casing (8 @ 20') 160 LF Laboratory Assessment Visual Sample Classification, Sn TechniCIan 3 ho urs Natural Moisture Content 5 each Per Cent Passing No 200 Sieve 5 each Organic Content 5 each Report Preparation Project Manager Environmental Specialist Senior Technican (CADD GIS) Administrative Assistant, Secretary ""'"", UNtTCOST $100 00 $100.00 $BOOO $80.00 Subtotal: $180.00 $600.00 $60000 $6,000.00 $6,00000 $1000 $2,40000 $5.00 $1,20000 $6.00 $950.00 Subtotal: $11,160.00 $55.00 $165.00 $10. 00 $60.00 $40.00 $240.00 $40.00 $240.00 Subtotal: $705.00 G:\552ENVIClient Master Contracts and InfDlmationlCollier County Engineering Contract 2003\Facility Design ProjectslNaples Airport Recycling 552. 4G078\Naples Airporl Risk ManagementI552-G5164-R Sep 9, 2005J Page 1 of 1 Jpsll ,:" 6. 16C3 er 11, 2005 Page 17 of 25 .;<" ,'....'. ",... ''-,.-'",.'>,'" .,.'.<;,"'..,;.;........,,'... .. , Ri$kManagementPlan - Naples.Alrport:[andfllf, Collier County. Ftorida -Work OrderN~.552- Cost Estimate SERVICES 1TAS/.<?4UlIibfatiQI'l Project Set-up Project Manager 2 hours AdminIstrative Assistant 3 hours $100.00 $20000 $80.00 $160.00 Subtotal: $360.00 $100.00 $200.00 $120.00 $600.00 $45.00 $135.00 Subtotal: $935.00 $1,295.00 Environmental Specialist 2 hours Vibration Monitorina Plan Project Manager 2 hours Senior Engineer 5 hours Total Vibration Monitoring Plan G :\552ENV\Client Master Contracts and Inlormation\CDllier County Engineering CDnlract 2003\Facillty Design ProjeclslNaples Airport Recycling 552- 4G078\Naples Airport Risk Management\552.G5164-R 5ep 9. 2005 Page 1 Dr 1 pI '. ........... ....,:.. '"~':''' .,....,,,. ".'.'.....:.......... .".," . " . .... .., ,"" A R!sk Management Plan - Naples AIrport Landfill, Collier County, Florida - Work Order No. 552 Cost Estimate rii'N6.16C3 ber 11 , 2005 Page 18 of 25 SER VICES tAs..85~He1i,ltbr&/$jf{;. Proiect Set-up Project Manager 2 hours $100.00 $200.00 $80 00 $16000 Subtotal: $360.00 $100 00 $300.00 $120.00 $960.00 $80.00 $160.00 $45.00 $135.00 Subtotal: $1,555.00 $1,915.00 Environmental Specialist 2 hours Safety Plan PrOject Manager 3 hours Senior Engineer (CIH) B hours Erwironmental Specialist 2 hours Administrative Assistant 3 hours Total Health & Safety Plan Development G:\552ENVIClienl Master Conlracts and Informatian\Collier County Engineering Conlract 2003\Facility Design Projects\Naples Airport RecyclIng 552. 4G078\Naples Airport Risk Management\552-GS t64-R Sep 9, 2005 Page 1 of 1 tps,( .. :~~;;>"":;:?7:<~'~~r-,:::::~'~0'~:""'. . ." >~:~;1':???>,;.,~~Y:~f:~""'::'":/';W~"l'"""":~:,:i:<:?:::.::';?:~t.;:?,;:.~".,,;-":""''''~'~ .",:~~~~:, ,.:..;""".,:,.,~,'~"~'''''''''''!!"J~;:':0XL,':;:::. :;' ~'" :'" ,>~ .'..'7TI".J"':"" ,^"",., ' '. -~":,,,~""<~"""'''''''''''''' .. """..' . ""'.">;, .""':,' ,. . ,'" .. '. . ,.:,. ,,'>"',p\genda11em No. 16C3 Risk Management Plan - Naples Airport Landfill, ColflerCounty, Florida - Work Order No,552-G5~ber 11, 2005 Cost Estimate Page 19 of 25 ~:,,~,"',.,,:::' ~,\, """'~'~"~ ,.-..;,~ UNIT COST ".:j_~t#jJ.i.iftl~~":': )J;'!;~.m';\',. Proiect Set-up Project Manager Senior Engineer Environmental Specialist Continaencv Plan Development Project Manager Senior Engineer (CIH) EnVironmental Specialist Administrative Assistant 2 hours $100.00 hours $120.00 hours $80.00 Su btota I : hours $1 00 00 hours $120.00 hours $80 00 hours $45.00 Subtotal: 2 6 10 10 3 Total Hazardous Materials Contingency I Discharge Containment Plan COST .....:,..:...,'. ';...:.:,'.' ;::.:::::.:<;r:';'~'>:: $200 00 $120,00 $160.00 $480.00 $600 00 $1,200,00 $80000 $135.00 $2,735.00 $3,215.00 G:\552ENV\Clierlt Master CDntracts and InformaliDn\CDllier County E.ngineering Contracl2003\Factlity Design Projects\Naples Airport Recycling 552- 4G07BINaples Airport Risk Management\552-G5164-R Sep 9, 2005 Page 1 of 1 pi ~'''':'''~'''-'';';:~'''' ",..~~'!l"'>',_'" 'f,~,~.,~..t;''''<'l'j!>'''''~~:'''' '~'~,!,_."...,...............~v "';<O""'~"'y,'';'''~<~"",'''_-<"''.:~-.~ "," ,'.' .,.".,.., .' ."."...".... ~ "'.' """"""". ..:....'1''1'' ".'~' -IT','" ''''''.,,' ~="",,'...p. ,:~x'::':':,"'<""':~:'~:'''''',_'''f:''01"::...-.:""..~~.,:_^",.;..? RI~K-M;~ag:ment PlatT-Na~fe~~irport Landfltl, Collier County, ~Iorlda - W()r~Ord~tNo.55~~5q~eb~r~~' b~~~ Cost Estimate Page 20 of 25 ....."..<;-.- SERVICES iTA$J.(f~.Nfa~~~.,. UNIT COST COST Proiect Set-up Project Manager 2 hours $100.00 $20000 hours $120.00 $240.00 hours $80 00 $0.00 Subtotal: $440.00 hours $100.00 $400.00 hours $12000 $960.00 hours $45.00 $135.00 Subtotal: $1,495.00 $1.935.00 Senior Engineer (CIH) 2 Environmental Specialist o Ordinance Plan Development Project Manager 4 Senior Eng'lneer (CIH) 8 Administrative Assistant 3 Total Ordnance Material Plan G\552ENV\Clienl Masler Contracts and Information\Collier County Engineering Contract 200J\Facility Design Prolects\Naples Airport Recycling 552- 4G078\Naples Airport Risk Management\552-G5164-R Sep 9.2005 Page 1 of 1 /PSll ManagementPlan - Naples Airport Landfill, Collier County, Florida-~o;;~~r::;~~.;~~ Cost Estimate pro;ect Set-up Project Manager hours $10000 hours $120.00 hours $80.00 Subtotal: hours $100,00 hours $120.00 4 hours $80,00 3 hours $45,00 Subtotal: Senior Engineer (CIH) Environmental Specialist Traffic Plan Development Project Manager Senior Engmeer (CIH) Environmental SpeCialist Administrative Assistant Total Traffic Management Plan Item No. 16C3 tt5ber 11, 2005 Page 21 of 25 COST $100,00 $120,00 $80,00 $300.00 $100,00 $120,00 $320.00 $13500 $675,00 $975.00 G'\552ENV\Clien! Master Contracts and Informa1ionlCollier County Engineering Conlract 2003\Facility Design Projecls\Naples Airport Recycling 552. 4G078\Naples Airport Risk Management\552-G5164-R Sep 9. 2005) Page 1 Df 1 fIMIJ ~~,.,,,. .......,"~." ,-^-~ . ,_c_'_" ....... :.:: ,~~''?:_' -. . ........ . ~"'w"":~'7!:-" ",-,^,!;"-""-~"",,:.,,,,,...,. ,- W._~",...., A'. " ..., -~, ... _',M!,'''l"1(:,'.:"" . .~-- '.-,,~", . ''''''T:~':''''''<<''''''i',;''''':<'':(''~; .~.~,.~ "A_~'''''''' '.< Agenda Item No. 16C3 Risk Management Plan - Naples Airport Landfill, Collier County, Florida. Work Order No. 5S2-G5'(Mtt)ber 11, 2005 Cost Estimate Page 22 of 25 "..,..."""""'.' SERViCES ;rA'$'~i!~~t>: UNIT COST COST :J~'NJ/litlj:'iilliJ}r;tt!iit,1!!llitfiEfjjj,'iifll..:.ffi"eW~@;i<:.;(. ';"",.'. , .-. .'. .:; ~ .,~,::;:::,.~".,:".." '.,~~,:;..;_.; . '.".' ._...~..I' ,......... Pro;ect Set-up Project Manager hours $100 00 $100.00 Senior Engineer hours $120.00 $120 00 Subtotal: $220.00 Odor. Noise, and Dust Plan Development Project Manager hours $100.00 $100 00 Senior Engineer 2 hours $120.00 $24000 Environmental Specialist 4 hours $80 00 $320.00 Administrative Assistant 3 hours $45 00 $13500 Subtotal: $795.00 Total Odor, Noise and Dust Plan Development $1,015.00 G\552ENVICltent Master Contracts and 'nformallonlCollier County Englneenng Contract 2003lFaci!lty Design Project.\Naples Airport Recycling 552. 4G078\Naples Airport Risk ManagemenI1552.G5164.R Sep 9. 2005 Page 1 of 1 /pail cr,:-~'-"'~'""",~, ,__., ",J!!'[' ''''''<::"'',~ '," .= .",.,.",. ~____,,< ,,~, .-;<:"',i".,....,.':""'-""'~.:.~. ,,,,,"""'>'''~'..,, - ~~......".-...""."""",.,..,~_,,,,,,,,. ~.~-' '~:. '.~ "",:~.,::::'7!!lY'''.:'-'-.':''''''I'''''''''i''''.:'':ry:;~,<,~"_,,v.',~,. ''''.. . ~~'''''' ':~'"... _,' _~'~8:.~~ .' _. . m-.. ~ ..,.,. ...... 'y .... ..... '. .' .... .... ""Aendaltem No. 16C3 Rtsk ManagemelitPlan - Napfes Airport Landfill, Collier County, Florida - Work Order No, 552;'~51~&>er 11, 2005 Cost Estimate Page 23 of 25 SERVICES rA$I(:~.X, Project Set-up PrOject Manager hours $100,00 3 hours $120,00 Subtotal: 2 hours $100,00 3 hours $120,00 16 hours $80,00 3 hours $45.00 Subtotal: Assume 1 $ 2,000,00 $ 2,000.00 Subtotal: Senior Engineer Coordination Project Manager Senior Engineer Environmental Specialist Administrative Assistant Permit Fees will be invoiced at Cost +10% Total Permitting $100.00 $360,00 $460.00 $200,00 $360,00 $1,28000 $135,00 $1.975.00 $2,000,00 $2,000.00 $4,435.00 G'\552ENV\Client Master Contracts and Informalion\Collier County Engineenng Contract 2003\FacHily Design Projects\NlIples Airport Recycling 552. 4G076\Naples Airport Risk Management\552-G5164.R Sep 9,2005 Page 1 Df 1 /mill ,.".,. .....,."",,,._,..,.. v =~ ",.,k~,.,>. ,C,.' ~.. '~-~"~'-"""_"'.'>""J!>.".._,.-.. ""~.'.., W",.,',..,,,,,",'.. --.~...~ ,...,,"'...._, "...,~"-",.~ ~""..,". .._~.',",....,,~ _. ",' ~~';;',:-:..->"..':-".~T;<);:.."::-.-.-:::-'l'~~...',~.:.:,,-F,.-p';;:::, '.>"_'!""'" ,<,y", ~ '~<., . ...... . .. .... .. ......... . ...... . .. ..Agendaltern No. 16C3 Risk Management Plan - Naples Airport Landfill, Collier County, Florida - Work Order No. 552.G51:9~tBber 11, 2005 Cost Estimate Page 24 of 25 COST TASK 1. Groundwater Assessment $65,992.50 TASK 2. Potential Receptors Assessment $3.695.00 TASK 3. Geotechnical Survey $13,485.00 TASK 4. Vibration Monitoring Plan $1,295.00 TASK 5. Health & Safety Plan $1,915.00 TASK 6. Hazardous Materials Contingency /Discharge Containment Plan $3,215.00 TASK 7. Ordnance Material Plan $1,935.00 TASK 8. Traffic Management Plan $975.00 TASK 9. Odor. Noise and Dust Plan $1,015.00 TASK 10. Permitting $4,435.00 Total Risk Management Plan Development $97,957.50 G..\552ENVIClient Master Contracts and InfDrmallonlCollier CDunly Engmeering Contract 2003\Facimy Design ProjectslNaples AirpDrt Recycling 552. 4G0781Naples Airport Risk ManagemenI1552-G5164.R Sep 9,2005 Page 1 of 1 /PSIl C"lLOLO (JON c.oO,- ._NO -LO ':N ....al EalOl al.o ell .....00... ~tl -00 c al :t ... 5'" I, " " I"" I', C") "',', 0 M 0 ... .... 0) 'i"..' g 0 L!) ('II i'~ I ('II 0 ... .... z ,~ 0 - li/ ..... ... 0 .... 0 Q) - 0- .., 0 I'". ... .... ~ 0 C. :...... ~I M ... ('IS .... 0 ~ ~I ('II c. ... .... ('IS " 0 0 u >- ..... ... ... .... 0 ~ .., ... .... 0 '. ~I M .... ... .... I...... 0 - Ii ." ~I ('II I ... I~ .... O!- ..... LL ... ...... .... .................. ~ 01- - .., ... .... .... 0 ~I M ... .... 0 ~ ~I ('II ... .... 0 >- ..... ... ... .... ~ I- 0 Q) .., - ... s::: .... Q) 0 , U M ... .... "'" 0 C) 0 s::: Lii~ 0 ('II ('II ... .... 0 0 ~ ..... ..... ... 0 '.' .... Q) 0 0:= c c co en c co c c U'l Q) .... c U'l c c en III c en Q Q N - 0 .n ,.: U'l C ..., C. () en en "!. "l '" ('IS .... .... .... .... N .... .... .... Z 00 ... Q) C c E .'!::: Ql 0 ('IS E E '';:; c - ~ III III Z Z ... III ... 0 ... Ql III III '';:; 0 W Cl. Ql - > III Q. u I- 0 w ....... III Ql ::l .... Q) c <C ... ... u CI Cl. ... Ql 0- III 0 'Vi ~ Ql C .... ~ Ql III .~ 0 0 ii1 ... c. 0 III U Cl. Agenda Item No. 16D1 October 11, 2005 Page 1 of 5 EXECUTIVE SUMMARY "..-.... Recommendation to approve conveyance of a Utility Easement to Sprint-Florida, Inc. for the installation of telecommunication lines at North Collier Regional Park on Livingston Road at a cost not to exceed $27.00 - Project 80602. OBJECTIVE: To provide Sprint-Florida, Inc. an easement for installation of telecommunication lines and terminal network interface for providing service to the North Collier Regional Park complex (Park). CONSIDERATION: Sprint-Florida, Inc. requires execution of the attached easement prior to the installation of its facilities. The easement area contains .433 of an acre and was valued by Real Estate Services' staff Real Estate Appraiser at $9,000. The County will not be compensated for the easement, because its conveyance is a condition of Sprint-Florida, Inc. providing service to the Park. The document has been reviewed and approved by the County Attorney's Office. FISCAL IMPACT: The cost of recording the Easement is twenty-seven dollars ($27.00) and will be paid from Unincorporated Community Regional Park Impact Fee Fund (346). GROWTH MANAGEMENT IMPACT: There is no growth management impact. ,- RECOMMENDATION: That the Board of County Commissioners approve the attached Utility Easement; authorize Chairman Coyle to execute the Utility Easement on behalf of the Board; and authorize the recording of the Utility Easement in the Public Records of Collier County, Florida. PREPARED BY: Octavia Deuschle, Property Acquisition Specialist, Real Estate Services, Facilities Management Department .-- Item Number: Item Summary: Meeting O.te: Agenda lIem NolGD1 Oclober 11. 2005 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16D~ Re~OmmeN!allOn 10 appmve con'"eyal'1ce of a Utility Easemer!t to Sprint-FIQnd~. Inc. for the Inslallatl(ln cftelecomrnunlcaI10~, lines at North Culllii:r RBglom;1 Park on uvmgstor, Road at a cos: not to exceed $27.00 - Prolect 80602 10111/2005 90G:00 AM Date Prellllred By Octavia Deuschle Administrattve Services Properly Aequi$ftlon Specialist F.cllllies M.allil(!C"ment 91221Z00S 1:01:05 PM Dnto(;" Apprm>ed By Toni A. Matt Administrative Ser\lil:fHl Re.l! Property Supervisor FlIcilitles MflnJ\gf>m~nt 912612'00!i 10~44 AM Date Approved B~' 3klp Camp, C,FM. Administrative Ser\lictls Fllcllities Mnnagement Director Facilities Management 912TI2005 ~:10 AM Date Approved By Chll.rl-cs E Cilrrin9ton. Jr.. SR!WA Adminlstrative Servicf.-~ R(t;J1 Estate Services MtlnaUe-r FacjU'~es M.ma{lell1ent lHZ7/2005S:HAM MarlllRllmsey Date AI'proved B~' Public Services PubliC SerVices Admini9tra;tor Public Services Admin 9127120053:56 PM AIII.roved By OMS Coonllnator County i-'lilnaQer's Office Admlnistrati~e Alisistant !Jilt!! OffIC(/ of Man.1Qt'ment 8. Budget 9/28120QSa:09AM Susan Usher Dille Apl)roved By Co\mty Man..ger's Offie... Senior ManagemantlBudget Analyst OftIC(! of Manttgement & Budget 111/312005 3;3Z PM ApPnlved By MichaelSmykowski CoulIty Ma1'lager's onioe Mnnngefnl1'nl It Budget DIrector Dale Onlce of Management & Bud (.let 10l,j<'20Q59:19AM Depu1y County Manager Dale A,'proved By Lao E. Ocils, Jr. Board 01 County Commissioners County Manager's Office 10/41200510:03 AM Agenda Item No. 1601 October 11 . 2005 Page 3 of 5 GRANT OF UTILITY EASEMENT This indenture made and executed this _ day of , 2005, by and between COlliER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as GRANTOR and SPRINT-FLORIDA, INCORPORATED, whose mailing address is 6391 Sprint Parkway, Mailstop KSOPHT0101-Z2040, Overland Park, KS 66251-2040, hereinafter referred to as GRANTEE. WITNESSETH That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, receipt of which is hereby acknowledged, the GRANTOR hereby grants to GRANTEE, its successors or assigns, a non-exclusive easement for the installation of telecommunications lines and Terminal Network Interface on the property more particularly described on Exhibit "A" attached hereto and made a part hereof, hereinafter referred to as Easement Property. TO HAVE AND TO HOLD the easement hereby granted unto said GRANTEE, its successors and assigns, for the sole purpose of installing telecommunications lines and Terminal Network Interface to provide telecommunication services to County facilities. GRANTEE, by acceptance of this easement agrees for itself, its successors and assigns, to maintain said easement and in no way to interfere with or hinder at any time access to the Easement Property or adjacent lands by GRANTOR, the general public, or any other party requiring access to any of the property over which said easement is granted. GRANTEE further agrees that it will at all times use extreme care to restore all grounds to as good or better condition than found prior to any construction, installation, maintenance or repair work performed by GRANTEE, or its agents, contractors, successors or assigns. In the event GRANTEE, its successors or assigns, shall fail to use this easement for the purpose of providing telecommunications service to the County, this Utility Easement shall automatically terminate and the GRANTEE, its successors or assigns, shall vacate, cancel and annul said easement or relevant part thereof by recording in the Public Records an instrument evidencing said cancellation. GRANTOR, its successors or assigns, shall upon said vacation, have the right to require GRANTEE, its successors or assigns, to remove any structures, facilities or improvements from Easement property. GRANTEE hereby covenants and agrees to indemnify, save, protect and hold harmless GRANTOR against any loss, damage, injury, debt or expense (including attorney's fees) claimed or asserted by any person or entity, which claim relates to in any way, no matter how remote, or arises out of GRANTEE'S installation of facilities or use of the Easement Property described above. IN WITNESS WHEREOF the GRANTOR has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman of said Board, the day and year first above written. ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , Deputy Clerk BY: Fred W. Coyle, Chairman ~ IS to fen (:)..., svrf1ctllCJ ~o() ~ ..~ ~.ststlnt Count, Attorne, En... T. ctl...n ------- Agenda Item No. 16D 1 October 11, 2005 P f LEGAL DESCRIPTION EXHIBIT PAGE I OF ;) - 10 FOOT WIDE SPRINT Ul'ILITY EASEMENT NORTH NAPLES REGIONAL PARK A 10 FOOT WlDf STRIP OF LAND LOCATED IN THf SOUTHWE:ST 1/4 OF SfCTIDN 3D, TOWNSHIP 48 SOUTH, RANGf 26 EAST, COLUfR COUNTY, FLORIDA, LYING 5.00 Fff:T F:ACH SIDE OF THE FOLLOWING DESCRIBED CfNTERUNf: - COMMENCE AT THE SOUTHWE:ST CORNfR OF SfcnON 30. TOWNSHIP 48 SOUTH, RANGf 26 t:AST, COWER COUNTY, FLORfDA; THENCE RUN NOR7'H 02'00'05" WEST ALONG THf WEST UNf OF SAJD SEcnON 30 FOR A DISTANCE OF 2,772.77 FFEI TO THf POINT OF BEGINNING OF THf CeNTERUNf HfREIN OESCRIBfD; THCNCE RUN NORTH 88'45'36" CAST FOR A DISTANCE OF '4.59 FEU ; THENCE RUN SOUTH 01'59'28" F:AST FOR A DISTANCE OF 75.14 FED"; THENCE RUN SOUTH 81'50'02" EAST FOR A DISTANCE OF 56.39 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE SOUTHWEST, WHOSE RADIUS POINT BEARS SOUTrl 00'" '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 46'18'26~ SUBTENDEO SY A CHORD OF 257.65 FEET AT A BEARING OF SOUTH 66'38'50" EAST, FOR AN ARC LENGTH OF 264.80 FEE:T TO THE END OF SAID CURVE; THENCE RUN NORTH 43"15'33" F:AST FOR A DISTANCE OF 83.57 FEET; THENCE RUN SOUTH 49'30'34" EAST FOR A DISTANCf 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 CONCAVE NORTH, WHOSE RADIUS POINT BEARS NORTH 01'47'37'" WEST, A DISTANCE OF 3,016.87 FEET THEREFROM; THENCE RUN E:ASTERL Y ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 3,016.87 FEET. THROUGH A CENTRAL ANGLE OF 09'04'25~ SUBTE:NDED BY A CHORD OF 477.26 FEE:T AT A BEARING OF NORTH 83"40'11- F:AST, FOR AN ARC LENGTH OF 477.76 FEET TO THf END OF SAID CURVE: AND A POINT ON A CIRCULAR CURVE CONCAVE SOUTH, WHOSf RADIUS POINT BEARS SOUTH 04'42'15" EAST, A DISTANCE OF 546.46 FEET THEREFROM; THENCE RUN SOUTHEASTERL Y ALONG THE ARC OF SAID CURVE TO THf RIGHT, HAVING A RADIUS OF 546.46 FEET, THROUGH A CENTRAL ANGLE OF 4r20'06~ SUBTENDCD BY A CHORD OF 438.73 FEET AT A BE:ARING 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" F:AST FOR A DISTANCE OF 145.47 FEET TO THE POlNTOFTERMlNUS OF THE CENTERLINE HEREIN OESCRlsrn. NOTES: t.) BeARINGS SHOWN HEREON REFER TO WEST UNE OF SECTION JO, TO~HIP 48 SOUTH. RANGE 26 fAST AS Bf/NG N 0700'05" W. 2.) SUBJECT TO E'ASDJENTS. RESERVATIONS AND/OR RESTRICTIONS OF ReCORD, J.) DIA/ENSlONS SHOWN HEReON ARe IN FEET NlD DECIMALS THEReOF. 4.) THE SIDE UNES Of THIS '0 FOOT WlOC tASEJAEHT ARE TO BE EXrENDeD OR SHORTENED TO MEET AT ANGLE POIHTS, TERMINATe: PERPENDlCUWl TO THE END OF THE CE:NTERUNE, AND MEET THE fAST RIGHT-Of-WAY UHe OF lMNGSTON ROAD. .... ." ~t1-~ 8 -11-05 DATE SIGNED: - THIS IS NOT A SURVEY- ERIC V. SANDOVAl (FOR THE FIRM - Le-734) PROFESSIONAl SURVEYOR AND MAPPER FI.ORIDA CERTIFICATE NO. 5223 - DRAWN BY: J.P. JOB NO.: 04566.00 SHEET 1 OF 2 LEGAL DESCRIPTION 10 FOOT WIDE SPRINT UTIUTY EASEMENT NORTH NAPLES REGIONAL PARK SECT/ON 30. 7'OfYNSH/P ~8 SOCf7'H. .RANCS Z6 SAST. CO.llJER COf/N7'Y. .fi'J:.OR././JA (a.:s.) DATE: AUCUST 2005 DRAWlNC: SPRINTESJ/T.DWC P:\Survev\oroiectS\04566.00 NORTH NAPLES REGIONAL PARK\dwa\boundarv\SPRINTESMT.dwa. 8117/2005 4:31:06 PM. \\exchanoe\SOOON-DvIl. 1:1 ~LDLD 00..... <.000 .,.-NLD 0"'- (I) Z~O'l ....ro E(I)(L (1).0 _0 -;;;(3 -00 c (I) OJ <( ~ - 0 00 ~~ II - 0: 0- - "-i ...:a - ~ oU CfJ .l181HX3 "" (") ...J ~~ ~~ ~ ~~ ~~ ~~ ~~ ~~ ~C ~~ S~ ~ ~~ ;<~ ~~ ~~ ~~ ~~ 8~ ~~ ~ ~ ~ ~_N:;~~~ ~...J-,....,..........."""" UN! N 0700'05- W 2772.77' :tW .:ri ~6 ,: ~oO~ a (.) ... ~ \J i~ C"'~ ~ I; ~ ~ C\! r.... c:::. C\! .... ~ ::t: ~ ~ l::l ~ > . ~ ~ fS CI:l ~ ~I ~ ~ i:: . ~ti ~ ~~ ~ ~~~ ~ ~~~ ~ ~ cl;~~ ~ ::: ~ ~>-.~ ~ g: c::i ~e-.. I;:) CI:l ~ ~ ~~~~ ~ (0 r.;;, ~e-..::::i;..: ..... ~ ~ ~~~ ~ ~ ~ ~ ~~~~ ~ ~~ ~.... ~ ~ l::l 1C:j~g, ~~~~ S ~" ~ ~ ~ ~ ~Ilt ~ ~ ~ ~~ ~ Eo. ~ ~ ~- ~ u ~~C>) g 5 ~~ 'OC ~ ::;; ot; -~ Vi ~ ~." .... ~ ..... )..; Q:l ~ ~ l::l .~ ~ ,... ..,..~ -" IIIIW.......~ ~'>. .............~ . " t ~ =-.,,"~~ -'f ......,.....-. Id ~!~ ~ ~~llI: ~ ......;l! ... ~~~~~ ~IQ;. Cl: ~ ~ a:: ~ cJ Q:j .~ ~c::ida::'c::i =3 c..: a.: c::i ~.a:: ~ ~ .0:. Agenda Item No. 1602 October 11, 2005 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to accept a donation of $30,291.18 and establish a separate Collier County University Extension Trust fund for the management of individual and organizational donated funds and associated expenditures OBJECTIVE: To properly account for funds donated to and expended for educational programming of the Collier County University Extension Center. CONSIDERATIONS: To date funds donated by private individuals and organizations along with revenues raised in the name of the 4H Youth Development, Agriculture, Horticulture and/or Family Consumer Sciences have been deposited into a non-county governmental revolving account for use by the Collier County University Extension Center. Although these funds were earmarked for educational programming, the caretaker of this account was the non-profit 501-C3 entity, Friends of Extension. As a non-profit, this organization's board of directors has control of all funding and expenditure matters. ..- The establishment of the University Extension Trust fund would aUow for the development of an accountability system by Collier County University Extension Center. This system would provide a depository for previously donated funds and a conduit for the expenditure of these funds through departmental programming. FISCAL IMPACT: Approving this item will establish a separate Collier County University Extension Trust fund to account for specifically donated funds and expenditures associated with educational programming by the faculty and staff of the Collier County University Extension Center and will place $30,291.18 from the Friends of Extension organization into that fund. GROWTH MANAGEMENT IMPACT: No growth management impact with this action. RECOMMENDATION: That the Board of County Commissioners accepts $30,291.18 in donated funds from the Friends of Extension; direct the Clerk to the Board of County Commissioners to establish a separate Collier County University Extension Trust fund for the management of donated funds and expenditures associated with programming by the Collier County University Extension Center; and approve any necessary budget amendments. ,_. Item Number: Item Summary: Meeting Date: COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1602 Agenda Item No. 1GD2 October 11, 20D5 Page 2 at 2 Recon;mendallon III establish <t separale Lolller COllnty UnIV(:H'Slty Extension Tust ~ufld 101 ttw acceptanc€ and fn<Jnagen1€nt of Individual and 0rganizational dQnat~d lund~ educational program rJf~nflrall')d funds: and f'lipeflcitwes as,;,Qclalod ','llth educ<'ltinni)! rrogrammmg blf the Collier Couniy l!nI~er~ily Ede'1SliJll Cente 10/11r2005 800 00 Af: Date Prepared By Saundra Lockwood Public; Service\> Ad,."inistmlive Assi$tant Ulllversity E:lltenllion 9112:/20054:05:30 PM Date Appnn!cd B~' Kathy Carpi!nter Public Services EKecutiye Secretary PUblic ServiclI'S Admin, 9/1412005 1 :69 PM Date A pprm'cd By Marla Ram~ey Public S~rvlces Public; S",YiclI':'I AUnllnistrator Publi.: Servlce~ Admin. 11/17120054:01 PM Date Apl'ro\'cd By OMS Coordin.ntor County Manager's Office Admmi5tr.1tive A'!>!iistant Office 01 Mananem~nt &. B;..u.lg@! 9/28/20058:00 AM p,", Approved B~' Gary A_ Vmcent County Manager'~ Office Management & BUdget AnalY'lit OfficI'! of Managenv:.nt &. Budget 1014/200S 2:05 PM Michal" Smykowskl Dale Approvcd B~' County M,mager'$ Office Management!. Budget Director Office of Manag(.'f1lent &. Bud{ltH 101.4/2005 2:24 PM AllProvcd By J<lf1ll'!$ V. Mudd Board of County Commiss.aners County Manager County Manu~Jer'!i Office Dale 10/4'20Q5 6:5S PM Agenda Item No. 16D3 October 11, 2005 Page 1 of 16 .- EXECUTIVE SUMMARY Recommendation to accept the Safe Havens: Supervised Visitation and Safe Exchange Grant in the amount of $125,000 between Collier County Board of County Commissioners and the United States Department of Justice, Office on Violence Against Women. OBJECTIVE: To accept the Safe Havens: Supervised Visitation and Safe Exchange Grant from the United States Department of Justice (DOJ), Office on Violence Against Women (OVW) and authorize the Chairman to sign the grant acceptance document and approve the required budget amendment. This grant was approved by the Collier County Board of County Commissioners on March 8, 2005, item 16D2. CONSIDERATIONS: Collier County Government was approached by the Collier County Child Advocacy Council (dba Child Protection Team) to serve as the applicant for a Safe Havens: Supervised Visitation and Safe Exchanged Grant. By statute, this grant may only be awarded to states, Indian Tribal governments and units of local government that propose to enter into or expand the scope of existing contracts and cooperative agreements with public or private nonprofit entities to provide supervised visitation and safe visitation exchange of children by and between parents in situations involving domestic violence, child abuse, sexual assault or stalking. -. The Collier County Board of County Commissioners has had a working relationship with the Collier County Child Advocacy Council (dba Child Protection Team) since 1992 working through the Human Services Department to pay for medical exams of abused children according to Florida Statute 39.304(5). Funding will be used to improve supervised visitation services, enhance security and expand center services. Collier County Child Advocacy Council anticipates serving 220 children and adult VIctims of domestic violence each year. The goals are to keep children and adult victims safe, to provide a positive environment for visitation and exchanges and to assist families through their crisis with case management services. This is a collaborative grant through the United States Department of Justice which involves a joint commitment from Collier County as the fiscal entity for the project. The 20th Judicial Circuit Court will continue to provide referrals for the supervised visitation services, and the Collier County Child Advocacy Council will provide the direct services for the supervised visitation. The grant period is from September I, 2005 through August 31, 2006. Additional partners include the Shelter for Abused Women and Children who provide training to visitation staff and local law enforcement and to court representatives regarding domestic violence issues and supervised visitation. The local court will provide referrals to the visitation center of the most severe cases and those requiring security. As the Family Visitation Center is a program of the Collier County Child Advocacy Council, they will provide training for the partners on child abuse and neglect. - Agenda Item No. 1603 October 11 , 2005 Page 2 of 16 Collier County Government is required to enter into an agreement with Collier County Child Advocacy Council. As Fiscal Entity for the grant, Collier County will be responsible for ensuring compliance with the programmatic and financial reporting requirements of the Office on Violence Against Women and will be required to assume a level of monitoring responsibility to ensure the Child Advocacy Council is in compliance with all grant requirements. If the requirements are not met, Collier County will be responsible for carrying out the program, will be required to return the grant or will be subject to other requirements set forth by the Office on Violence Against Women. An agreement between Collier County and the Child Advocacy Council will be brought before the Board at a later date. FISCAL IMPACT: The total grant amount of $125,000 is funded from the Department of Justice Office of Violence Against Women. The Collier County Human Services Department will be serving as the fiscal entity for the administration of this project. No local County match is required for this grant. GROWTH MANAGEMENT IMPACT: There is no growth management impact due to this request. RECOMMENDATIONS: That the Board of County Commissioners: 1. Authorize the Chairman to accept the grant award in the amount of $125,000 for the Safe Havens: Supervised Visitation and Safe Exchange Grant. 2. Authorize the Chairman to sign and initial the grant acceptance document. 3. Approve a budget amendment in the amount of $] 25,000. Prepared by: Terri Daniels, Grant Supervisor, Human Services Department <,,~ Item Number: Item Summary: Meeting Date: Agel1da item No,lGD3 OootJer 11, 200[, Pane 301 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1603 Recummendat;on to accepllh(, Safe Havens Sup€rvlset Visllalw!1 and Sale Excharlg~ Grant in the amour,j 01 $125000 betwi:er, COil,E:f COllnty 80ard of Court\, Commil>Sloners and tllC United States Department of Justice, OttlCO on \itolence Again$t V..'on-,cn 81ld authoriZe Ihe Chair;nan to sign """,;:. grant acceptance docum!:lnt initial special condr,loll" pH~e~ and apprOve 11ecessary bucQ€t amendment 1{J111r.~GO:, 900-00 AM Date- Prepared By Terri A. Daniels Public Services Grants Coordinator Human Servlcfls 9/za/zoos 4:44:44 PM DAlt!! Appro\'ed By BarryWlIllams Public' $etvlces Humin Services Olrllttor Human Services 9/29/200510:25 AM Marla Ramsll'Y Public S(lrvicllS Administr;lIIor D.atc- AIJprO\'cd BJ Public Serlllc(>s Public Service!; Admin, 9/211/200511:66AM AIJflnl\'cd By OMS Coordmator COIJl1ty Mmlager's Office Admjnisfr!ltlv~ ASsIStalll Date Office of Management So Budge! 91JOl200fl 8:4& AM Oat!! Allpro,'td By Gary A. Vincent County Mallaper's Office Mllnilgf.'fnenl & Buuget An"iy.st Office 01 Management &. Budget 91301200S 12:2r, PM MlchaelSmykowslll Dati:> AI)llnl\'cd By County Managm's O"ice Mllllagflment & Budgflt Director OffiC~ 01 Mlln.a\1emenl &. Budnet ~1:'lOI:.!OOS 4:16 PM A IlllnlVed By James V, Mudd Hoard olCoLlnty Commissioners County Manager Dam County MmlilQ(>r's Office 10,'1/20051,'4 PM Agenda Item No. 1603 October 11 , 2005 Page 4 of 16 DeparnnentofJustice Office on Violence Against Women September 27, 2005 WQ.Jhington, D.C.. 20531 Chairman Fred Coyle Collier County 3301 Tamiami Trail East Bldg. 1 Naples, FL 34112-0000 Dear Chairman Coyle: On behalf of Attorney General Alberto Gonzales, it is my pleasure to inform you that the Office on Violence Against Women has approved your application for funding under the Safe Havens: Supervised Visitation and Exchange Program in the amount of $125,000 for Collier County. This award provides the opportunity for recipients to develop and strengthen effective responses to violence against women. By statute, projects funded under the Safe Havens: Supervised Visitation and Safe Exchange Grant Program must demonstrate expertise in the area of family violence, provide a sliding fee scale for clients, demonstrate adequate security measures, and prescn"be standards and protocols by which supervised visitation or safe exchanges will occur. Enclosed you will find the award package. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to lermination for cause or other administrlltive action as appropriate. If you have questions regarding this award, please contact Michelle B. Dodge at (202) 353-7345. For financial questions, contact the Office of the Comptroller, Customer Service Center (CSC) at (800) 458-0786, or by email at ask.oc@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Diane M. Stuart Director, Office on Violence Against Women Enclosures 1 Department of Justice Office of Justice Programs Office for Civil Rights Washington. D.C. 2053/ September 27,2005 Cbairman Fred Coyle Collier County 3301 Tamiami Trail East Bldg.J Naples, FL 34112-0000 Dear Chairman Coyle: Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of Federal funding to compliance with Federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Prognuns (OJP), U.S. Department of Justice is responsible for ensuring that recipients of financial aid from OJP, its component offices and bureaus, the Office on Violence Against Women (OVW), and the Office of Community Oriented Policing Services (COPS) comply with applicable Federal civil rights statutes and regulations. We at OCR are available to help you and your organization meet the civil rights requirements that come with Justice Department funding. As you know, Fedcrallaws prohibit recipients of financial assistance from discriminating on the basis of race, color, national origin, religion, sex, or disability in funded prognuns or BCtivities, not only in respect to employment practices but also in the delivery of services or benefits. Federal law also prohibits funded programs or activities from discriminating on the basis of age in the delivery of services or benefits. In addition to these general prohibitions, your organization, which is a recipient of financial assistance subject to the nondiscrimination provisions of the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, 42 U.S.c. ~ 3789d(c), must meet two additional requirements:(I) complying with Federal regulations pertaining to the development of an Equal Employment Opportunity Plan (EEOP), 28 C.F.R. 9 42.30] -.308, and (2) submitting to OCR Findings of Discrimination (see 28 C.F.R. ~~ 42.205(5) or 31.202(5)). Complying with the EEOP Requirement In accordance with Federal regulations, and Assurance No.6 in the Standard Assurances, your organization must comply with the following EEOP reporting requirements: If your organization has received an award for $500,000 or more and has 50 or more employees (counting both full- and part-time employees but excluding political appointees), then it has to prepare an EEOP and submit it to OCR for review within 60 days from the date of this letter. For assistance in developing an EEOP, please consult OCR's website at http://www.ojp.usdoj.gov/ocr/. You may also request technical assistance from an BEOP specialist at OCR by dialing (202) 616-3208. If your organization received an award between $25,000 and $500,000 and has 50 or more employees, your organization still has to prepare an EEOP, but it does not have submit the EEOP to OCR for review. Instead, your organization has to maintain the EEOP on file and make it available for review on request. In addition, your organization has to complete Section B of the enclosed Certification Form and return it to OCR. If your organization received an award for less than $25,000; or if your organization has less than 50 employees, regardless of the amount of the award; or if your organimtion is a medical institution, educational institution, nonprofit organization or Indian tribe, then your organization is exempt from the EEOP requirement. However, your organization must complete Section A of the enclosed Certification Form and return it to OCR. 2 Agenda Item No. 16D3 October 11, 2005 Page 5 of 16 Submitting Findings of Discrimination In the event a Federal or State court or Federal or State administrative agency makes an adverse finding of discrimination against your organization after a due process hearing, on the ground of race, color, religion, national origin, or sex, your organization must submit a copy of the finding to OCR for review. Providing Services to Limited English Profidency (LEP) Individuals In accordance with recent Department of Justice Guidance pertaining to Title VII of the Civil Rights Act of 1964, 42 U.S.C. ~ 200Od, recipients of Federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website www.lep.gov. Ensuring the Compliance of Subredpientli If your organization makes subawards to other agencies, you are responsible for assuring that subrecipients also comply with all of the applicable Federal civil rights laws, including the requirements pertaining to developing and submitting an EEOP, reporting Findings of Discrimination, and providing language services to LEP persons. State agencies that make subawards must have in place standard grant assurances and review procedures to demonstrate that they are effectively monitoring the civil rights compliance of subrecipients. Enfordng Civil Rights Laws All recipients of Federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the nwnber of employees in the workforce, are subject to the prohibitions against unlawful discrimination. Accordingly, OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal employment opportunity standards. Ensuring Equal Treatment for Faith-Based Organizations The Department of Justice has published a regulation specifically pertaining to the funding of faith-based organizations. In general, the regulation, 28 C.F.R. part 38, requires Stale Administering Agencies to treat these organizations the same as any other applicant or recipient. The regulation prohibits Stale Administering Agencies from making award or grant administration decisions on the basis of an organization's religious character or affiliation, religious name, or the religious composition of its board of directors. The regulation also prohibits faith-based organizations from using direct financial assistance from the Department of Justice to fund inherently religious activities. While faith-based organizations can engage in non-funded inherently religious activities, they must be held separately from the Department of Justice funded program, and customers or beneficiaries cannot be compelled to participate in them. The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not pennitted to discriminate in the provision of services on the basis of a beneficiary's religion. For more infonnation on the regulation, please see OCR's website at http://www.ojp.usdoj.gov/ocr/ettbo.htm. 3 Agenda Item No. 1603 October 11, 2005 Page 6 of 16 State Administering Agencies and faith-based organizations should also note that the Safe Streets Act, as amended; the Victims of Crime Act, as amended; and the Juvenile Justice and Delinquency Prevention Act, as amended, contain prohibitions against discrimination on the basis of religion in employment. These employment provisions bave been specifically incorporated into 28 C.F.R. Part 38.1(f) and 38.2(f). Consequently, in many circumstances, it would be impermissible for faith-based organizations seeking or receiving funding authorized by these statutes to have policies or practices that condition hiring and other employment-related decisions on the religion of applicants or employees. Programs subject to these nondiscrimination provisions may be found on OCR's website at http://www.ojp.usdoj.gov/ocr/. Questions about the regulation or the statutes that prohibit discrimination in employment may be directed to this Office. Ifwe can assist you in any way in fulfilling your civil rights responsibilities as a recipient of Federal funding, please call OCR at (202) 307-0690 or visit our website at http://www.ojp.usdoj.gov/ocr/. Sincerely, ~~.~ Michael L. Alston Director cc: Grant MllI1ager Financial Analyst 4 Agenda Item No. 16D3 October 11, 2005 Page 7 of 16 Agenda Item No. 1603 October 11 , 2005 Page 8 of 16 Department of Justice Office of Justice Programs Office of Comptroller Washington, D.C. 20531 Sep~ber27,2005 Chainnan Fred Coyle Collier County 3301 Tamiami Trail East Bldg. I Naples, FL 34112.0000 Reference Grant Number: 2005-CW-AX-0018 Dear Chainnan Coyle: I am pleased to infonn you that my office has approved the following budget categories for the aforementioned grant award in the cost categories identified below: Category Budget Personnel $0 Fringe Benefits $0 Travel $950 Equipment $1,200 Supplies $1,730 Construction $0 Contractual $118,870 Other $2,250 Total Direct Cost $125,000 Indirect Cost $0 Total Project Cost $125,000 Federal Funds Approved: $125,000 Non-Federal Share: $0 Program Income: $0 5 If you have questions regarding this award, please contact: - Program Questions, Micbelle B. Dodge, Program Manager at (202) 353-7345; and - Financial Questions, the Office of the Comptroller, Customer Service Center(CSC) at (800) 458-0786, or you may contact the CSC at ask.oc@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, Cynthia J. Scbwimer Complroller ,e_' 6 Agenda Item No. 16D3 October 11, 2005 Page 9 of 16 Agenda Item No. 16D3 October 11, 2005 Page 10 of 16 Department of Justice Office on Violence Against Women PAGE l OF 4 Office on Violence Against Women Grant I. RECIPIENT NAME AND ADDRESS (Including Zip Code) 4. AWARD NUMBER: 200S-CW-AX-0018 Collier County Is. PROJECT PERIOD: FROM 3301 Tamiami Trail East Bldg. J 09/0112005 TO 08/31/2006 Naples. FL 34112-0000 BUDGET PERIOD: FROM 09/0112005 TO 08/3112006 6. AWARD DATE 09/2712005 17. ACTION IA. GRANTEE IRSNENDOR NO. 8. SUPPLEMENT NUMBER ! Initial S96000S61 00 I i 9. PREVIOUS AWARD AMOUNT $0 I i 3. PROJECT TITI.E 10. AMOUNT OF THIS AWARD $ 12S,OOO Collier County Safe Haven Visitation Project Ill. TOTAL AWARD $ 12S,OOO I I 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR UMIT A TIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUlHORITY FOR GRANT This project is supported unda 42 U.S.C. 10420 (OYW - Supervised Visitation) IS. METIlOD OF PAYMENT ~-.--'~I PAPRS AGENCY APPROVAL 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL GRANTEE ACCEPTANCE 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Diane M. SluaJ1 Director. Office on Violence Against Women Fn:d Coyle Chairman 17. SIGNA lURE OF APPROVING OFFICIAL 19. SIGNA lURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE if.... .\A"""'....... (y0~.J 11. W!.tI.M4'" 20. ACCOUNTING CLASSIFICATION CODES I FISCAL FUND BUD. DIY. YEAR CODE ACT. OFC. REG. AGENCY USE ONLY 21. CWOSDOOO38 SUB. POMS AMOUNT x A CW 29 00 00 12S000 OJP FORM 4000/2 (REV. S-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) 7 Agenda Item No. 1603 October 11, 2005 Page 11 of 16 Department of Justice Office on Violence Against Women A WARD CONTINUATION SHEET Grant PAGE 2 OF 4 PROJEcr NUMBER 2005-CW-AX"()()18 AWARD DATE 09127/2005 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OIP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements ofOMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, as further described in the current edition of the OIP Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government without the express prior written approval of OYW. 5. The grantee agrees to comply with the applicable requirements of 28 C.F.R. Part 38, the Department of Justice regulation goveming "Equal Treatment for Faith Based Organizations" (the "Equal Treatment Regulation"). The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities, such as worship, religious instruction, or proselytization. Recipients of direct grants may still engage in inherently religious activities, but such activities must be separate in time or place from the Department of Justice funded program, and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary. The Equal Treatment Regulation also makcs clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. 6. The Director ofOYW, upon a finding that there has been substantial failure by the grantee to comply with applicable laws, regulations, and/or the tenns and conditions of the grant or cooperative agreement, will terminate or suspend until the Director is satisfied that there is no longer such failure, a1\ or part of the grant or cooperative agreement, in accordance with the provisions of sections 802 and 803 of title I of the Omnibus Crime Control and Safe Streets Act and 28 CFR Part 18, as applicable mutatis mutandis. 7. The grantee agrees to comply with all relevant statutory and regulatory requirements including, but not limited to, the Violence Against Women Act ofl994, P. L. 103-322, the Violence Against Women Act of 2000, P. L. 106-386, and the Omnibus Crime Control and Safe Streets Act, 42 U.S.C 371 I et seq. 8. The recipient agrees to submit quarterly financial reports on Standard Form SF 269A. These reports will be submitted within 45 days after the end of the calendar quarter, and a final report is due 120 days following the end of the award period. The reports shall be submitted to the Office of Justice Programs, Office of the Comptroller, Attn: Control Desk, Room 5303, 810 7th Street, N.W., Washington, D.C. 20531 or on-line through the Internet at http://grants.ojp.usdoj.gov . 9. Under the Government Performance and Results Act (GPRA) and VA W A 2000, grantees are required to collect and maintain data that measure the effectiveness of their grant-funded activities. Accordingly, the grantee agrees to submit semi-annual electronic progress reports on program activities and program effectiveness measures. Information that grantees must collect under GPRA and VA W A 2000 includes, but is not limited to: I) number of persons served; 2) number of persons seeking services who could not be served; 3) number of supervised visitation and exchange centers supported by the program; 4) number of supervised visits between parents md children; and 5) number of supervised exchanges between parents and children. OlP FORM 4000/2 (REV. 4-88) 8 Agenda Item No. 1603 October 11, 2005 Page 12 of 16 Department of Justice Office on Violence Against Women AWARD CONTINUATION SHEET Grant PAGE 3 OF 4 PROJECT NUMBER 2005.cW-AX-OQ18 AWARD DATE 0912712005 SPECIAL CONDITIONS 10. The grantee agrees to submit semiannual progress reports that describe project activities during the reporting period. Progress reports must be submitted within 30 days after the end of the reporting periods, which are January I-June 30 and July 1 - December 31 for the duration of the award. Future awards may be withheld if progress reports are delinquent. Beginning in 2004, grantees are required to submit this information online, through the Grants Management System (GMS), on the new semi-annual progress report for the relevant OVW grant programs. 11. A final report, which provides a swnmary of progress toward achieving the goals and objectives of the award, significant results, and any products developed under the award, is due 120 days after the end of the award. Future awards may be withheld if the final report is delinquent. The Final Progress Report should be submitted through the Office of Justice Programs Grants Management System with the Report Type indicated as "Final". 12. The grantee agrees that grant funds will not support activities that may compromise victim safety, such as: pre-trial diversion programs or the placement of offenders charged with crimes of domestic violence in such programs; mediation, couples counseling, family counseling or any other manner of joint victim-offender counseling; mandatory counseling for victims of domestic violence; forcing the victims to testify against their abusers; or the placement of perpetrators of domestic violence in anger management programs. 13. The grantee agrees to submit one copy of all reports and proposed publications funded by this agreement not less than twenty (20) days prior to public release, publication, or distribution for OVW review. 14. All materials and publications (written, visual, or sound) resulting from award activities shall contain the following statements: "This project was supported by Grant No. awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this publication/program/exhibition are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women. 15. The grantee agrees that grant funds will be used to support services for supervised visitation and safe visitation exchange of children by and between custodial and non-custodial parents. The grantee agrees that funds will not be used to support visitation or exchange of children in foster care, kinship care, or protective custody of courts or social service agencies. 16. Tbe grantee agrees that funds will not be used to provide offsite or overnight visitation services. Offsite visitation includes, but is not limited to, any visit or exchange between a child and a non-custodial parent that occurs outside the premises of the visitation center. Overnight visitation includes, but is not limited to any visit or exchange between a child and a non-custodial parent that occurs after or between the nonnal operating hours of the visitation center. 17. The grantee agrees to develop adequate security measures, including but not limited to, adequate facilities, procedures, and personnel capable of preventing violence, for the operation of supervised visitation programs or safe visitation exchange. 18. The grantee agrees that iffees are charged for use of programs or services, any fees charged must be based on the income of the individuals using the programs or services, unless otherwise provided by court order. 19. The grantee agrees to provide OVW with the following, additional data in each progress report. OVW is statutorily required to collect data on the number of child abuse victims served or denied services and the reason for refusal of services. Additionally, the grantee shall provide ioformation 00 security or safety problems concerning persons served by the program which occurred during the reporting period and the number of cases referred by civil, criminal, and/or family courts. OJP FORM 400012 (REv. 4-88) 9 Agenda Item No. 16D3 October 11 , 2005 Page 13 of 16 DeparnnentofJustice Office on Violence Against Women AWARD CONTINUATION SHEET Grant PAGE 4 OF 4 PROJEer NUMBER 200S.cW-AX-0018 AWARD DATE 09/2 7/200S SPECIAL CONDITIONS 20. Grant funds shall be used to support supervised visitation and safe visitation exchange of children by and between parents in situations involving domestic violence, child abuse, sexual assault, or stalking. In accordance with 42 use 10420, the grantee may not use grant funds to support individual counseling, family counseling, parent education, support groups or therapeutic supervision. The grantee may not mandate victims to parent education or other program services. 21. The grantee agrees to allocate project funds as designated by the Office on Violence Against Women for allowable costs to participate in OVW-sponsored technical assistance. Funds designated for OVW-sponsored technical assistance may not be used for any other purpose without prior approval of OVW. Technical assistance includes, but is not limited to, peer-to-peer consultations, focus groups, mentoring site visits, conferences and workshops conducted by OVW-designated technical assistance providers or OVW-designated consultants and contractors. 22. The grantee agrees to submit for OVW review and approval any anticipated addition of; removal of, or change in collaborating partner agencies or individuals who are signatories of the Memorandum of Understanding, and if applicable, the Internal Memorandum of Agreement. 23. The grantee will provide the Office on Violence Against Women (OVW) with the agenda for any training seminars, workshops, or conferences not sponsored by OVW that project staff proposc to attend using grant funds. The grantee must receive prior approval from OVW before using OVW grant funds to attend any training, workshops, or conferences not sponsored by OVW. To request approval, grantees must submit a letter of request to OVW with a copy of the event's brochure, curriculum and/or agenda, a description of the hosta or trainers, and an estimated breakdown of costs. The letter of request should be submitted to OVW not less than 20 days before registration for the event is due. Approval to attend non-OVW sponsored programs will be given on a case by case basis. 24. Approval of this award does not indicate approval of any consultant rate in excess of$450 per day. A detailed justification must be submitted to and approved by the OVW Director prior to obligation or expenditure of such funds. OIP FORM 4000/2 (REv. 4-88) 10 Agenda Item No. 1603 October 11 , 2005 Page 14 of 16 DeparhnentofJustice Office on Violence Against Women Washington. D.C. 10531 Memorandum To: Official Grant File From: Sybil N. Barksdale, Administrative Officer Subject: Categorical Exclusion for Collier County The Safe Havens: Supervised Visitation and Safe Exchange Grant Program (Supervised Visitation Program) was authorized as a two- year pilot program under the Violence Against Women Act of 2000 to increase supervised visitation and exchange options for families with a history of domestic violence, child abuse, sexual assault or stalking. Eligible applicants for the program include states, Indian tribal governments, and units oflocal government. By statute, projects funded under the Supervised Visitation Program must demonstrate expertise in the area of family violence, provide a sliding fee scale for clients, demonstrate adequate security measures, and prescribe standards and protocols by which supervised visitation or safe exchanges will occur. None of the following activities will be conducted either under the OVW federal action or a related third party action: I. New construction 2. Any 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 IOO-year flood plain. }. A renovation which will change the basic prior use of a facility or significantly change its size. 4. Research and technology whose anticipated and future application could be expected to have an effect on the environment. 5. Implementation of a program involving the use of chemicals. Consequently, the subject federal action meets OVW's criteria for a categorical exclusion as contained in paragraph 4.(b) of Appendix D to Part 61 of the Code of Federal Regulations. Additionally, the proposed action is neither a phase nor a segment of a project which when viewed in its entirety would not meet the criteria for a categorical exclusion. 11 Agenda Item No. 1603 October 11, 2005 Page 15 of 16 Department of Justice GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY Office on Violence Against Women Grant PROJECT NUMBER 2oo5-CW-AX-OOI8 PAGE I OF 1 This project is supported under 42 V.S.C. 10420 (OVW - Supervised Visitation) L STAFF CONTACT (Name & telephone number) Michelle B. Dodge (202) 353-7345 2. PROJECT DIRECTOR (Name, address & telephone number) Barny Williams Human Services Director 3301 Tamiomi Trail East Bldg. H/2nd Floor Naples, FL 34112-3969 (239) 774-8154 3a. TITLE OF THE PROGRAM Safe Havens: Supervised Visitation and Safe Exchange Grant Program 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 4. TITI..E OF PROJECT Collier County Safe Hoven Visitation Project 5. NAME & ADDRESS OF GRANTEE 6. NAME & ADRESS OF SUB GRANTEE Collier County 330 I Tamiami Trail East Bldg. J Naples, FL 34112-0000 7. PROGRAM PERIOD 8. BUDGET PERIOD FROM: 09/0112005 TO: 08131 12006 FROM: 09/0112005 TO: 08/3112006 9. AMOUNT OF AWARD $ 125,000 10. DATE OF AWARD 0912712005 II. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The Safe Havens: Supervised Visitation and Safe Exchange Grant Program (Supervised Visitation Program) was aulhorizcd .s a two- year pilot program under the ViolCllcc Against Women Act of 2000 to increase supervised visitation and exchange options for families with. history nf domestic viO]CIICC, child abllSe, Ilexualll5Sllult or stalking. Eligible applicants for the program include states, Indian tribal governments, and units ofloca1 government By statute, projects funded under the Supervised Visitation Program must demonstrate expertise in the area offamily violence, provide a sliding fee scale for clients, demonstrate adequate security measures, and prescribe standards and protocols by which supervised visitation or safe exchanges will occur. I I OJP FORM 400012 (REV. 4-88) 12 _II Agenda Item No. 16D3 October 11, 2005 Page 16 of 16 Collier County, Florida is the second fastest growing metropolilan area in the nation. Geographically, it is the largest county in the state of Florida and includes the rural, predominantly migrant coaununity ofImmokalee. Public transportation is extremely limited within the metropolitan area and almost nonexistent in the outlying areas. The overall school population is categorized as "economically needy" and includes a large limited- English population. The County and its collaborative partner, the Family Visitation Center of the Collier County Child Advocacy Council (the Center), will use this initial Supervised Visitation award to expond ond enhance existing supervised visitation and exchange services. The Center has been operating since 1997 and is the only non-profit conununity-based agency in Collier County providing visitation services for victims of domestic violence and their children. OVW funding will enable the Center to hire a bilingual case manager and visitation monitor; provide Creole translators and translate other languages as required; ond provide additional security for evening visits and a satellite visitation ceoter. CAlNCF 13 Agenda Item No. 16E1 October 11, 2005 Page 1 of 3 -.,..- EXECUTIVE SUMMARY Recommendation to award RFP No. 05-3868 Internet-Based Solution for Purchasing Card Program to Sun Trust Bank. Obiective: To expedite small purchases in the most cost effective and efficient manner possible. Considerations: On April 7, 1998, the Board of County Commissioners authorized the Purchasing Department to implement the Purchasing Card (P_ Card) Program utilizing the State of Florida Contract. The P-card program was established for the purpose of expediting small purchases in the most cost effective and efficient method and to offer payments to vendors in a timely manner. The single transaction limit is currently $500 and the maximum monthly spending limit is $5000. In an effort to automate and provide enhancements to the program, RFP #05- 3868 - Internet-Based Solution for Purchasing Card Program was issued and publicly noticed on June 24, 2005. Seventeen (17) vendors were solicited and fifteen (15) vendors requested the RFP package. Four (4) proposals were submitted by the closing date of July 29, 2005. ~- On August 31, 2005, the appointed selection committee met to review the submitted proposals and by consensus, ranked the firms as follows: 1. Sun Trust Bank 2. Bank of America 3. AmSouth Bank 4. Fifth Third Bank The new program will offer a web-based solution that is fully automated to include online review and approval of transactions, reporting, 30-day payment terms and a cash rebate program. Additionally, it is recommended that the single transaction limit be increased to $1000 and the maximum monthly spending limit to $10,000 as the limits have not changed since the onset of the program. Fiscal Impact: The purchasing card program will be utilized by all County departments. Funds are appropriated in the individual operating budgets of the using department. Growth Manaaement Impact: There is no growth management impact resulting from this decision. - Agenda Item No. 16E 1 October 11 , 2005 Page 2 of 3 Recommendation: That the Board of County Commissioners; (1) Authorize the increase of the single transaction limit to $1000 and the maximum monthly spending limit to $10,000. (2) Authorize the Chairman to execute the negotiated County Attorney Approved Standard Contract with Sun Trust Bank. Prepared by: Gwen Butler, Operations Manager, Purchasing Department Item Number: Item Summary: Meeting Date: Agenda Item No 16E1 October 11, 2005 Pa~Je :.i at 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16(1 R&r.cmmli:ndaticn to award RFP Nv, 05-3868 Internet-Based SolUlion for Purchasing Card Program to Sun Trust Bank 10/11r2005 !H'OOD AM PUrthat.:lng Supel'l/lsGr Date Prepared By GWCln Butler Adm~n~stt.tlye ServIces Purthlll"ing IH16/200~ 11;1\):31 AM Linda Jackson Contr..cts AIilGnt Cal(! Approved By Adm~nistr.tive Service, Putchasing Y11612005 4:22 PM Apllro'\led By SreveCarnell Aaministrntive Services Purch.nslnglGeneraf 5vcs Oirector Dat(! Purchasing 9/1IH200510:31 AM LIMl Golden Price Admlnhtrnttve Services Adm;nbitrator 0... Approved By Atlmin15tratlve SeNlcf!$ Adn\~nistrath'e SelVlcel! AdmIn. 912"2<105 e~52 AM Approved By OMB Coordinator County Manager's O1"tice Admini!trativfl AsslMant D... OffiCi! of MnnagfJlTlent & BUd~t iIZG/200610:52 AM Michael Smykowski Oat'" A PI)roved By County Monagf'!r's Office Managemllcnt & 6udg.,t Dirt!ctor Office of Mallugl'HllC"nt & Budg0t 9fZ&/200511:07AM A ppnwed By .h\Il1~S V Mudd Boord of County Cornmi:<.sloners County MAnaCJf!r D(ttl!! County Manallcr'$ Office Itf2'112005 7:04 AM EXECUTIVE SUMMARY Agenda Item No. 16E2 October 11, 2005 Page 1 of 3 ,- Recommendation to award contract #05-3852, "Design and Related Services for the South Regional Library", to Schenkel Shultz Architecture, Inc. to design the South Regional Library, project 54003, in the amount of $623,950. OBJECTIVE: To award contract #05-3852, "Design and Related Services for the South Regional Library", to Schenkel Shultz Architecture, Inc. to design the South Regional Library, project 54003, in the amount of $623,950. CONSIDERATION: The Board approved $300,000 to initiate the design of the South Regional Library project as part of the FY2005 capital budget. A conceptual site plan was developed and an RFP for a design contract was issued on May 10, 2005. Eleven firms requested full packages and four proposals were received on July 11, 2005. The Selection Committee has recommended a shortlist as follows: Schenkel Shultz Architecture Harvard Jolly BSSW Architects Erickson Associates /-. Schenkel Shultz submitted a proposal in the amount of $623,950 in accordance with the standard Professional Services Agreement adopted by the Board on March 8, 2005, agenda item 16.E.4. The scope of the contract is to design an approximately 30,000 square foot library at the County-owned property within Lely Resort on Lely Cultural Parkway. Since this is also the proposed site for the Emergency Services Complex, the design teams will coordinate the site civil engineering issues. FISCAL IMPACT: The funds for this contract are available from the FY2006 project budget. GROWTH MANAGEMENT IMPACT: Project will help the Library Department maintain 0.33 square foot per capita as required by the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners 1) award contract #05-3852, "Design and Related Services for the South Regional Library", to Schenkel Shultz in the amount of $623,950, and 2) authorize the Chairman to execute the contract. Prepared by: Ron Hove", P.E., Principal Project Manager, Facilities Management Department .-- Item Number: Item Summary: Meeting Date: Agend~ Item No, 16E2 October' 1 , 200:-, Page 2 o'r 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS WE: Rec.:f.lmmendatlon to award contr-at.1 #05-385:::, De.lgn and Relate-d Services for th€- South Regional Library, to SCtlenKel Shultz ArChIlecturE;, Inc, to QElSigll the South Re~r('nlll Library protect 5,~003, in the amount of $62j95O iO/11/2005 9:DO 00 I>N. F'IH:llitles Managoment DIrector D... Approved By Skip C.,mp.. C,F ,M, Adminl~trative SNvlelJ& Facllltlll'S ManagMHmt 9127/20058:11 AM Bronw Cr1lh3rt Pllrehasing Agent Dllte Approved By AonllnistratlveServic8:5 f'urthll:\iing 9121/200511:13 AM Mike H",uer Aequ\sltiQn MlInllg&t Dor. Approved By Aumil1lstr.atlvl!' Sentc.e& Purchasing 9/2312005 9~39 AM Linda Jackson ConlTactli Agent Dart' Appnwcd By Admimstrative Services Purcllllsing 9128f2005 10:11 AM Ap(lrovd By Steve Carnell AdminisuetiveScrvlceb Purchasing/Genersl SVClt otrectot D... Purehastng 9f28/100! 10:28 AM Marilyn MlItthes. LtlHilty Assll1tt1nl Director O"le Aflproved By Public 5ervlc/liti Ubrllty 9'Zl\./2G0512~1f1 PM Marla Rams~y publh: Se:rvlces Admlnfstrlllor D.te AllflnlVcd By Public Ser\lic~s Public Servioes Admin, 9128120055:09 PM Len Gotden Price Adndni'5tr<1ttve Sli'irvicp.1\ Adminb;trlllror D... Appro,'ed B~' Admini,lrati'Uc SlI'rvices Admlni5trllti\l~ Sc-rvices Admin 11l291200lj 10:35 AM Apprcwed By OMS Coordinotor County Man;lger'~ Offie-e- Administrative As:oistl:lnt Dille onioC! of M.magl!>mlJnt 4- Budget 9130/20D5- 8:40 AM Approved By Senior M3Mgement/8uagel Analr-;t O.atc Susan Usher County Mll.nl'lger's Office OfficI!' of Mnnll.gement & BUUgflt 10!Zl2005 4:49 PM Mit.hae! SmYlC.oYRkf Mani;l;gemcfll &. Budget Dlre.etor D." Approved By County MM1ager's (''"ice OfflC(, of Man.agemllnt & BudglP.t 10/4/200ti 10:12 AM LBO E. Oelts. Jr Deputy County Mal1a\Jet O.ntc A pprond By Board of County CClmmlslllonl'!'nl COUl1ty ManilQer's: Offie& 10/41200S 10:44 AM Nu?M LUO,,- WOO ...-NM 0"- Q.) Z"- OJ l..-til EWD.... Q.).D ......0 ~t5 -00 c Q.) OJ <( 1 ;c": .. ,: ,,:', \' g: g;~ .1t ... I . ", , co o >- .... :';., ~ "- 'P~ u.: .. I::' , -0 o >- .... ':, ..' It) .'.,,' g N , I> II:.,:" " I.. ~ fa I.. .c ..J -.:t o -.:to ON >- .... fa C o C') CU 0::: ~ - :::s o CI) M o o "lI:t Ln co o o N M ... - 0 c;::! - 0 .... ... - 0 "! - 0 .",...., M ... - 0 N ... - 0 .... ... - 0 "! - "~I '-' N ... - 0 .... ... - 0 -.:t ... - 0 '~["~'B N ... - 0 10 o o N .... ... 0 ~ ... - ,... "',...- 0 M ... - 0 c;::! - 0 .... ... - 0 'V ... - ,9' M ... - 0 N ... - 0 .... ... - 0 I . -. - rJl o U 0 0 0 0 0 0 0 0 0 0- CO rD 0 0 0 0 CO CO en .,. .,. oi ~ U ri .. c .... .- L. 'Ej ...... :I C C ...... III CI >.- L. 0 0 U C .... C I eu ;:; ;:; C L. 0 'i: a. u u eu :I I- eu 1Il.....L. :I :I CI~ .... eu eu C 0 L. L. C rA u C .!::! CI~ .... .... eu .- >.- C III 1Il:;;~ ...... ...... ClL. 11I0 C C C o . 0 C eu eu 0 0 0 O~ L. Wll)Q~U UU.Q eu a. I- Z W > W :; ::l o m Q) J:: "'1- I: Cl 'iij {ll- 2 U '.... -.: ~ ai .. ::l tl~ .!I :c U <- .!:I '5 J:: - m 4i "" I- a;f.- J:: U m 2- .~ os_ .E :i ~- o CJ Q) -0::- :; ::l o m- Q) :; .. 01- ... en Q) U '~I- Q) m -]1- os 4i 0::0 "C1t) I: ell OSM I:~ ,S!'.,. en... Q) 0 c... , I: . ::l N 0 :2 E M os ,;, Q) OJ:: =11:'" .... I: U ,- os - ...., "'0 1:0 O'll' UIt) "E1J ~I'~ ~Ic ~Ii .2 ~ ....0 os ,_ "C...l 1:_ Q) os E I: o E'i;j o Q) ~o:: 0:: Agenda Item No. 16E3 October 11 , 2005 Page 1 of 47 ---. 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 $100,000 whichever is greater. The Administrative report identifies the percentage changes, to contracts or work orders, that have occurred since the prior BCC approved amount, which are below the threshold limits as referenced above. The plan calls for staff to submit a monthly report listing these change orders from the previous reporting period. Enclosed is the monthly report of the Administrative Change Order and - Administrative Changes to Work Order Reports. These reports cover period August 26, 2005 through September 23, 2005. FISCAL IMPACT: There is no fiscal impact resulting from this action. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. RECOMMENDATION: That the Board of County Commissioners accepts the enclosed Administrative Change Order and Administrative Changes to Work Orders Report and ratifies the listed change orders and changes to work orders PREPARED BY: Brenda Reaves, Contract Technician, Purchasing Department - Item Number: Item Summary: Meeting Date: Agenda Itern No_ 16E3 Octobaf 11. 2005 Page 2 of47 COLLIER COUIWY BOARD OF COUNTY COMMISSIONERS 16E3 Report and Ratify Slafl-Approved ::hange Oloer~ and Change'S 10 Work Oraerf; to Board- Approved Contracts 10/111200S 9 0000 AM Purahlu;lng/Ger~t'ral Svcs DIUlclor Do'" Apl)roved B" StE'v!!:Carnltll Aclnlll'ljstratl...~SQr"lefl:$ Purchutng IH2f1/Z00S 3:38 PM Admlnlstrlltive S~r"iefl'$ Adminilltnltor D"" Approved By Len Golden Price Adml"lstrali'Je SeryiCllS Admlnlstratiye St'lr"lt:~s Admin, 9f291200iJ4:23 PM D.ll~ App"wcd By OMB Coordln./ltor County Manage-r'o:; Office Administrative A r>lilltant Office of Mana gemcmt &. Budget 9/311120068:46AM Michael Smyilowskl Marlagement & Budgel Director D... Appro\'cd By Courrty Manager'r, omC1E! OfficI:' 01 MrmIlOf.lmf'i'"lt & Budg@t 10/J1200511;OltAM AI)proved By lc-o E, Dth'!., Jr. Bo.)nl of County CommtuiQllllfS Dl!:puty County Manaoer Do'" County Manager'$ Omlle 10/41200511:11 AM .- M L.() r-- LL)O"<t COO,,- .......NO . "r') 0""'" Z.......Q) ....Ol Eevrn ev.DQ.. _0 roU -00 c: ev Ol <( Lt') o o ('oJ .... Ol .0 o ti o -e (ll o w Ol oS .9 "0 Ol C Ol (/) Ol 0: Q)'E~ g~e5 (ll ::l 0. 0 ..c:()o.E OE(ll< ?f!.e8~ ....aJ Ol ~ ~~<v (ll..c:" ..c:O.... 0",0 ~ ,- .;. ';$ -gt5~ .~ ~ 0 > <:: E &8~ Q; .0 E $ a. Ol (/) Q)l,...C ClOl::l <:: "E 0 ~O~ o ~ "0 Ol ceg Ola.O ~ g. ~ O~~ aJ ct5~ Q) ~ 0 ~g~ OO~ I- a:: o c.. w a:: (/) a:: w o a:: o w Cl z < J: U W > j:: ~ I- en Z ~ Cl < c Ol E 1:: '" 0. Ol o ci Q)oo::a> ~zZQl~ z_U"Ez ....al"'O- .g '0' -E OJ ~ c: '- 0 Cl'O Olc..U~"" > ..c:c.. 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Cl~ UJ_ :::lCO 0..--' -' ~ B g e 'u; 0.. e: ~ ea o 0.. ~Lii -g~ <..i C")N as e: <:tOlLi._ -~l::!Olo:::g <5~C")~:S:e: ml::!gB&58 .0 o N N Oi o C") N <Il Cii o <..l Ol .c I- .: ! -0 "3 8 e: ~ "0 E Ol -0 ~ .E Ol .0 -0 ~ '5 C" ~ rtI ~ e: Q) E Q) 0; .0 ea rtI .9 <Il Ol .0 ~ C, e: ;g ~ ~ e: ~ ~ -8.9 .i ~ Ol ~ ;; '0' E 5- o Ol ~~ Cii 0 Q)';: .0 <Il ea Q) > o E ~ .9 -0 Q) 1:5 :> -0 Q) -0 Ol e: 'Qi <Il.o B Ol '~ Iii Ole: <Il Ol Ol E -0 Ol .~ ~ o..ea o <Il 1-.9 <Il Q) .0 Q; ~ ~~ ea _ '5-5 '5 '~ ~~ Gl - .~ ,~ ~ g o ~ CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E3 October 11, 2005 Page 9 of 47 PROJECT NAME: US 41 Roadwav Liahtino Maintenance Contract PROJECT #: NIA BID/RFP #: 05-3820 MOD #: 1 PO#: 4500047072 WORK ORDER #: NIA DEPARTMENT: Traffic Operations Original Contract Amount: $ 130.500.00 (Starting Point) Current BCC Approved Amount: $ 130,500.00 (Last Total Amount Approved by the BeC) Current Contract Amount: $ 130,500.00 (Including All Changes Prior To This Modification) Change Amount: $ 9,594.00 Revised ContractIWork Order Amount: $ 140,094.00 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractIWork Order: $ 140,094.00 Dat~ of Last BCC Approval: 5/24/05 Agenda Item # 16.B.14 Percentage of the change overfunder current contract amount 7.35% Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCG approval is required; under 10% reported to BCG 01. Purchasing report. For specific information regarding work order thresholds. please refer to the Contract Administration Procedures, Section IJI.G.4. CURRENT COMPLETION DATE (S):ORIGINAL: September 30. 2006 CURRENT: September 30. 2006 SUMMARY OF PROPOSED CHANGE (S): Include the Eighty-Two (82) Collier County Owned and Maintained Street Lights on State Route 84 (Davis Boulevard) within the Task 1, 2, and 3 Scope of Work and Price Proposal as defined in our existing US 41 Roadway Lighting Maintenance Contract No. 05-3820. JUSTIFICATION FOR CHANGE (5): This change order will provide for the existing SR 84 Lighting to be brought under the US 41 Roadway Lighting Maintenance Contract. PARTIES CONTACTED REGARDING THE CHANGE: Walter R. Hedman, Sr. Project Manager, Kent Technologies, Inc. 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 N: This form is to be signed and dated. Date: g -1.. r- ~o! ~te: ~0'5~<S I I APPROVE BY: Revised 4/25/2005 Agenda Item No. 16E3 October 11 , 2005 Page 10 of.g CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Install seWRF Irrigation and Landscapln!:l PRO~ECT #: 725071 BIDIRFP #: ()4.38HIR MOD 1#: 1 POI#: 4500043122 WORK ORDER #:....mA.- . J7/,1i DEPARTMENT: PubliclJtllitles Enafneerlna Original Contract Amount: $ 175.268.66 (startiDg Point) Current BCC Approved Amount: $ 175, ~.LL .. '.. . ... .' . , . ,uu_:' .....,,__ .,.... _..... :'h ~ . (Last Total AIDount Approved by the BCC) $. 175. 268.66 (Including All ~ges Prior To 1bis Modification) ~eAmouni= $.v, S!;m~~: Revised ContracUWork Order Amount: $, .180. 592.98 . ... .... . (Including ThiS Oul:lp Order) . . Cumulative ~ Value of Changes to this ContracflWork Order: $ 180. 592.98 Curl"ent CoQtract Amount: Date of Last Bee Approval Januarv 11. 2005. .' .. ,. . .: Agenda Item # 16 C 3 Per~tage of the change o~r/un~er cune~t c~ntr~c~ amo~nt1of-t.f % Formula: (Current Amount I last BCC approved amount)-1 . .' , Results and Actions: If the change exceeds 10% Bee approvalls required; under 10% reported to Bee on Purchasing repQrt. For specific Information regarding work order th'resholds, please refer to the Contract Administration Procedures, Section III.C.4. . CURRENT COMPLETIO~ ~ATE (S):ORIGINAL: Julv 26.2005 CURRENT: August 31.2005 SUMMARY OF PROPOSED CHANGE (S): Identlfy'the changes. An additional$5.324.32 is needed for Sdding ~! more trees and #57 rock needed for landscauimz as well as for relocation of an irril!ation controller which requires installation of more electrical condUits. JUSTIFICATION FOR CHANGE (S): What value or benefit do these chang.es provide to tile project? To support additional irril!ation work and landscaue.revisions for the SCWRFrebuild irrigation system project . . - .> PARTIES CONTACTED REGARDING'THE CHANGE: Hannula Landscaoina. Gail Boorman. Des/aoer from B60ttrialt&, Assobiiatest'.J9I1'pratt. SCWRF ~Qt!get IMPLEMENTATION STEPS' (Yedfjeach before proceeding with change using Y, N l?r N1A) -L Proposed change Is consistent with the scope of the' existing agreement , . JL Proposed change is in fact an addition or deletion to the existing scope .::L Change is being implemented In a' manner ~onsistent with the existing agreement ..::L The appropriate parties have beenco'nsulted regarding the change ' -L Proposed prices, fees and costs set fortli in the change are reasonable , ' PROJECT MANAGER RECOMMENDATION: This fann Is to be signed and dated. Date: >tt<C) ").Jt) -s1f> Date: 8/~9ioS Revised 4/25/2005 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E3 ? October 11, 2005 Page 11 of 47 PROJECT NAME: Install SCWRF Irriaation and LandscaDina PROJECT #: 725071 BIDIRFP #: 04-3716R MOD #: * PO#: 4500043122 WORK ORDER #: N1A "2- DEPARTMENT: Public Utilities Enaineerina Original Contract Amount: $ 175.268.66 (Starting Point) Current BCC Approved Amount: $ 175.268.66 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 180.592.98 (Including All Changes Prior To This Modification) Revised ContractIW ork Order Amount: $ 1. 287.54 $ 181. 880.52 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 4:81. &lO.5l 4 " /1 ' Yb Change Amount: Date of Last BCC Approval January 11. 2005 Agenda Item # 16 C 3 Percentage of the change over/under current contract amount 3.n % 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. L I _ ~ I '"T'fi o ~ oer .:5 2CxJ~ c-J l-' .-- CURRENT COMPLETION DATE (S):ORIGINAL: July 26. 2005 CURRENT: Seotel1.ber 1~. 2do5 &j 1'l-3/ 0) SUMMARY OF PROPOSED CHANGE (S): Identify the changes. An additional $1.287.54 is needed for an additional load of #57 rock needed for landscaping and base support. ~d h add.. ~ /tJ7 ~~d~~. JUSTIFICATION FOR -CHANGE (S): What value or benefit do these changes provide to the project? To sUPpOrt additional irrigation work and landscape revisions for the SCWRF rebuild irrigation system proiect PARTIES CONTACTED REGARDING THE CHANGE: Hannula Landscaoino. Gail Boorman. Desioner from Boorman & Associates: Jon Pratt. SCWRF Manaoer IMPLEMENTATION STEPS (Verify each before proceeding with change using v, N or N/A) ..::L Proposed change is consistent with the scope of the existing agreement ..Ji... 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: ~...Jl Projeqt REVIEWED BY: Cont c Date: sj3d/()S- Date: ~~ / 3.()/ or t I Revised 4/25/2005 Agenda Item No. 16E3 October 11 , 2005 Page 12 of 47 1 CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME: Lelv Area Stormwater Improvement Proiect PROJECT #: 511012 BIDIRFP #: 97-2715 MOD #: 9 PO#: 915545 WORK ORDER #: N/A DEPARTMENT: Stormwater Original Contract Amount: $ 79.926.00 (Starting Point) Current BeC Approved Amount: $ 670.268.50 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 670.268.50 (Including All Changes Prior To 'This Modification) Change Amount: $ 49.500.00 $ 719.768.50 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ 639.842.50 Revised ContractIWork Order Amount: Date of Last BCC Approval 6/22/04 Agenda Item # 16B21 Percentage of the change over/under current contract amount 7.39 % 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. CURRENT COMPLETION DATE (S):ORIGINAL: 10/1/01 CURRENT: 11/30/06 SUMMARY OF PROPOSED CHANGE (S): Changes to contract scope include services to update the phase one construction plans. provide legal descriptions for 8 easements necessary for phase 1 construction. conduct pubHc meetings in preparation of phase 1 construction. assist with overall proiect's multi-year phasing -blan. update overall proiectcost estimates. review adiacent proiects for compliance with overall LASIP plans. prepare technical memo to support condemnation procedures for phase 1 easements. and assist County planning efforts to implement/construct LASIP over a several year period. JUSTIFICATION FOR CHANGE (S): These contract changes will provide for completion of critical and necessary remaining tasks propelling this proiect out of it's 16 vear planning and permittina phase into the construction phase~ It is anticipated that this will be the final necessary amendment to this contrflGt.; .AU permits reauired to construct LASI? phase 1 have been received. PARTIES CONTACTED REGARDING THE CHANGE:, Dan Brundage. P.E.. Norman Feder. Gloria Herrera, Jerry Kurtz. Rhonda Rembert 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 Revised 4/25/2005 -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 REVIEWED B PROJECT MANAGER RECOMMENDATION: This form APPROVE BY: Date: Date: Revised 4/25/2005 Agenda Item No. 16E3 October 11, 2005, I Page 13 of 47'1,\ . , CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E3 October 11, 2005 /~ Page 14 of 47 ,. JROJECT NAME: Davis Blvd. Ph. 1 (US 41 - Airoort Rd.) PROJECT #: 600981 BID/RFP #: 05-3830 MOD #: 1 PO#:4500047311 WORK ORDER #:N/A DEPARTMENT:ATM OrigiDal Contract Amount: S 131.941.95 (Swting Point) CurreDt BCC Approved Amount: $ 131.941.95 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 131.941.95 (Including All Changes Prior To This Modification) Change Amount: $ 10.83~ $ 14fi74.95 (Ine ng This Change Order) Revised ContractIWork Order Amount: . Cumulative DoUar Value of Changes to this ContractIW ork Order. S 10.833.00 Date of Last Bee Approval Mav 24. 2005 Agenda Item # 16BM I~ fI./ ~ercentage. of the change over/under current contract amount 8.21% 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 BeC on Purchasing report. For specific infonnatlon regarding work order thresholds,.. please refer to the Contract Administration Procedures, Section III.CA. CURRENT COMPLETION DATE (S): ORIGINAL: November 16.2005 CURRENT: November 16.2005 SUMM~f3X.PF PROPOSED CHANGE (9): Identify the changes. Addina DlantinG in the trianGle and ROW area i r:!!Iil...@s Der the CRA. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? WorkinG toGether with the CRA to award one of the Alternate. in the Bid. PARTIES CONTACTED. REGARDING THE CHANGE: Bob Petersen. ROGer Dick, JorGe Freire. Michael McGee. Gloria Herrera. Rhonda Rembert. Diane FlaGa, Nonnan Fede,. and Steve Carnell 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 _ 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: B REVIEWED BY: DATION: This fonn is to be signed and dated. ~ Date: BtI~ 6"61 ...f)6 Date: ~ Revised 4/25/2005 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM 04125/05 Agenda Item No. 16E~_. October 11, 200~., Page 15 of 47 .. PROJECT NAME: : Immokalee Road 5th street Ditch Construction PROJECT #: 517252 BID/RFP #: 05-3803 MOD #: 1 POI: 4500046741 WORK ORDER#: N.A. DEPARTMENT: storm Water Manaaement Original Contract Amount: $ 767.158.00 (Starting Point) Current BCC Approved Amount: $ 767.158.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 767.158.00 (Including All Changes Prior To This Modification) Change Amount: Revised ContractlWork Order Amount: $ 19.500.00 $ 786.658.00 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $19.500.00 Date of Last BCC Approval: Mav 10. 2005 Agenda Item # 16 B 1 Percentage of the change over/under current contract amount 2.54 % 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 BCC on Purchasing report. For specific infonnation regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA. . -., CURRENT COMPLETION DATE (S):ORIGINAL: November 28. 2005 CURRENT: November 28. ~ SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Provide a 6" Directional Bore to address a Proiect Utility Conflict. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? It was found that durina the proiect construction there was a conflict with a utility. To address the conflict and to keep the proiect on schedule approval was aive to the Haskins. Inc to arranoe to have installed the Directional Bore. PARTIES CONTACTED REGARDING THE CHANGE: Contractor. Joel Chamber. Operations Manaqer Haskins. Inc.: Desian Professional -Georoe Brinson Jr. P.E. Pitmann-Hartenstein & Associates Inc.: Jenv Kurtz. Collier County Principal Proiect Manaaer I~LEMENTATION STEPS (Verify each before proceeding with change uslngY, N or N1A) f 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 -fL The appropriate parties have been consulted regarding the change ~Proposed prices, fees and costs set forth in the change are reasonable APPROVE BY: Proje . Agenda Item No. 16E3 October 11 , 20~5 PROJECT MANAGER RECOMMENDATION: this form 18 to be signed and dated. Page 16 of ltt <\ Date: ~f1-u:# Date: rjY/83 REVIEWED BY: Contract Specialist .: CONTRACT/WORK ORDER MODIFICATION ~\~)~ CHECKLIST FORM PROJECT NAME: Golden Gat~ntersection Improvements at Everalades BLVD BID/RFP i: 05-3802 MOD #: One (1) POi: 4500046444 WORK ORDER #: Agenda Item No. 16E3 October 11, 2005 ---7 Page 17 of 47 r PROJECT#: 6001 . DEPARTMENT: TECM Original Contract Amount: $ 519.276.07 (Starting Point) Current BCe Approved Amount: $ 519.276.07 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 519.276.07 (Including All Changes Prior To This Modification) Change Amount: $ (46.331.52) $ 472.944.55 (Including This Change Order) Revised Contract/Work Order Amount: Cumulative Dollar Value of Changes to this ContractfW ork Order: $ (46.331.52) Date of Last BCC Approval April 26. 2005 Agenda Item 1# 16.8.4 - 8.9~ uJ Percentage of the change over/under current contract amount Formula: (Current Amount I Last sec 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: September 2.2005 CURRENT: Auaust 29.2005 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. To increase. decrease and delete quantities based on final field measurements. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? To close out the proiect with a balaneina chanae order. PARTIES CONTACTED REGARDING THE CHANGE: Lvnn Thorpe. P.E.. Principal Proiect Manaoer; Julio Ordonez. P.E.. Transportation! Desion Operations. Senior Proiect Manaaer: David Crosbv. Superintendant. Bonness. Inc. IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N1A) -::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 -:t. 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: REVIEWED B! . pSn act Specialist Revised 4/2512005 Date: CONTRACTIWORK ORDER MODIFICATION CHECKLIST FO~M Agenda Item No. 16E3 October 11, 2005 Page 18 of 47 3 PROJECT NAME: Vanderbilt Beach ParklnQ GaraGe PROJECT #: 90295 BID/RFP #: 05-3800 MOD #: 2 PO#: 4500044388 WORK ORDER #: nla DEPARTMENT: Facilities Manaaement Original Contract Amount: Current BeC Approved Amount: Current Contract Amou nt: Change Amount: Revised ContractIWork Order Amount: $7.596.000.00 (Starting Point) $6.324.000.00 (Last Total Amount Approved by the BCC) $6.324.000.00 (Including All Changes PnorTo This Modification) $4.243.05 $6.328.243.05 (IncludIng This Change Order) Cumulative Dollar Value of Changes to this ContractIWork Order: (~1 .267.756.95) 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% 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 II1.CA. Date of last BCC Approval June 14. 2005 Agenda Item # 16.E.6 CURRENT COMPLETION DATE {S):ORIGINAL: 12/7/05 CURRENT: 12/7/05 SUMMARY OF PROPOSED CHANGE (5): Identify the changes. The oriqinal desiQn included hiqh-pressure sodium liohts and the bids were received in advance of all permits in order to expedite construction. Also. WCI reviewed the plans and requested a trellis color chanae. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provIde to the project? The low-pressure sodium Iiahts are required bv FDEP Dermit condition and the color chanoe is no cost. PARTIES CONTACTED REGARDING THE CHANGE: Purchasina: Linda Jackson. Facilities: Peter Havden and Rov McCracken (CH2MHill) IMPLEMENTATION STEPS (Verify each before proceeding with change using V, 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 -X- Proposed prices. fees and costs set forth in the change are reasonable N: This form Is to be sIgned and dated. Date: REVIEWED Date: Revised 4/25/2005 CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM (REVISED) Agenda Item No. 16E3 October 11, 2005 Page 19 of 47 , PROJECT NAME: SCWRF Expansion BID/RFP #: 00-3171 MOD #: ~ DEPARTMENT: Public Utilities Engineering PROJECT #: 73949 POI: WORK ORDER #: N/A Original Contract Amount: $ 20.250 (Starting Point) Current BCC Approved Amount: $39,243,636.80 (Last Total Amount Approved by the BCC) Current Contract Amount: $39,243.636.00 (Including All Changes Prior To This Modification) Change Amount: ($687.560.82) $ 38.556.075.18 (Including This Change Order) Revised Contract/Work Order Amount: Cumulative Dollar Value of Changes to this Contract/Work Order: $ 548.319.80 Date of Last BCC Approval Julv 11. 2002 Agenda Item # 16 (C) 4 Percentage of the change over/under current contract amount $ -1.75 % 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.C.4. CURRENT COMPLETION DATE (S): ORIGINAL: May 28,2004 CURRENT: May 15, 2005 SUMMARY OF PROPOSED CHANGE (S): Identifv the chanaes. The Contract amount shown in Chance order ~ Ardid not reflect the $150,000 for desicn phase services. The contract had been trackina the Guaranteed Maximum Price ($38,954,395), and reflectinc chance orders associated with this amount. This modification reflects the actual contract am.ounts and the amounts within the purchase order. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? This documentation is to correct the actual and final contract amounts for Bid 00-3171. PARTIES CONTACTED REGARDING THE CHANGE: Lyn Wood IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N1A) 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 Date: CONTRACTIWORK ORDER MODIF1CATION CHeCKL~TFORM . Agenda Item No. 16E3 October 11, 200q i., Page 20 of 41 \} PROJECT NAME: Risk Manaaement lnfonnation System BtD/RFP #: __MOD #: pO#: 4500049734 WORK ORDER #: PROJECT #: tJj A DEPARTMENT: Risk Manaaement Original Contract Amount: S 70.175 (Starting Point) Cilnent Bee Approved Amount: $ 70.175 (Last Total.Aniount Approved by the Bce) Current Contract Amount: $ 70.176 (Includmg All Changes l:>riorTo This Modification) Change Amount: $ 6.825 Revised ContractlWork Order Amount: 5 77.000 (Including This Change Order) Cumulative Dollar Value of Changes to this ContraetIWork Order: $ 6.825 Date of Last Bee Approval: June 28. 2005 Agenda Item # 16E4 Percentage of the change over/under current contract amount 9.7% For specific infonnation regarding work order thresholds. pleasEJ refer to the Contract Administration Procedures, Section Ill. CA. CURRENT COMPLETION DATE (S}:ORlG1NAl: Februarv 10. 2006 CURRENT: Februa!'V 10. 2006 SUMMARY OF PROPOSED CHANGE ($): The Stalftment of Work has been revised to include: 1) Standard Certificate of Insurance Tracking; 2) HR tnterface; 3) Short Term, Long Term Disability and FMLA Tracking. JUSTIFICAnON FOR CHANGE (S):What value or benefit do these changes provide to the project? Certificates of Insurance are. manuafly filed and nc)t tracked as to expiration date. The.. HR Interface will allow us to pult data from SAP. Short Term Disability, Long Term OisabUity and FMLA are manually tracked. The Risk Management Information System win aHow electronic submission-to Sun Life and also produce reports to management. PARTIES CONTACTED REGARDING THE CHANGE: Lyn Price, Jeff Walker, Kelsey Ward, Lyn Wood. IMPLEMENTATION STEPS (VerIfy each before proceedlngwtth change using V, Nor N/A) r..Proposed change is consistent with the scope of the existing agreement LProposed change is in fact an addition or deletion to. the existing scope r.. Change is being implemented in a manner consistent with the existing agreement L The appropriate parties have been consulted regarding the change LProposed prices, fees anq costs $.etforth In the change are reasonable PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. Date: '1~.0.5 ~/i!c~~. APPROVED BY REVIEWED BY: Lyn Revised 4/25/2005 Date: CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E3 October 11, 2005 f t Page 21 of 47 PROJECT NAME: Immokalee Road Six Lane Construction (US41 to 1~75) PROJECT #: 66042B BID/RFP #: 05-3788 MOD #: 1 PO#: 4500002260 WORK ORDER #: NA DEPARTMENT: Transportation Enalneerina and Construction Manaaement .i. Original Contract Amount: :~..._- $ 26.947.039.43 (Starting Point) .... ; i . Current BCC Approved Amount: $ 26.947.039.43 (Last Total Amount Approved by the BCC) ; Current Contract Amount: $26.947.039.43 (Including All Changes Prior To This Modification) ~ Change Amount: $ 655.87 1'- 26.947.695.30 (Including This Olangc Order) , Revised Contract/Work Order Amount: " ~ Cumulative Dollar Value of Changes to this ContracUWork Order: $ 26.947.695.30 'f'L'-",,",- "'::":":C",.'""~.-""",,,_ Date of Last Bee Approval March 8. 2005 Agenda Item # 10e Percentage of the change over/under current contract amount .002 % Formula: (Current Amount! Last BCC approved amount)-1 Results and Actions: [f 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: November 18. 2007 CURRENT: December 15.2007 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Increase embankment. removal of unsuitabl~ material.' contract correction. increase of directional bores (less than 6"). increase conduit for signals. add stee: casiIW~;:.mast.!lffil"foundations.add Ooticom. svstem. add relocation servi~e for traffic signals. add relocation oj eXf$ti~:street:1tgHpn~ addJot the:.te:m~~"~btP9:wers9P~ly,fOii,the, streett lights,.. add.for;,-the.relocanon.Qj the existing power supply for high mastiighting~ subtract'"for-ieduction 'of planned-street lighting. add for remova of two 8" water valves. add for 10" water main. add for steel casing for water main. JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project? Additional embankment neede'd to replace unsuitabJe material. unsuitable material removed to install Utilities Contract correction needed to correct bid sheet tabulation error. directional bora added to have contractor instal sienal conduit for sienals instead of ODen' cuttine across intersections. conduit for sienals added per direction 0 Director and for sienals. steel casino added to protect existine Utilities durino mast arm base installation. Optieon Cable added per direction of Director. Relocation of sienal service needed to build new travel lane. Relocation 0 street lioht and temporary street Iioht repair needed due to conflict with installation of Utilities. Relocation of hiot mast Iiehtine power needed due to conflict with planned new travel'lane. reduction of lieht poles due to aoreemen with FPL to have new street liohts on the south side installed on their poles. removal of two water valves pe direction of PUED. added 10" PVC watermain and casino for main due to existino water main not in casino unde roadway. PARTIES CONTACTED REGARDING THE CHANGE: Charles McCleaf (John Carlo Inc.). Jim Smith (M. Continent Electric), Lisa Taylor (Transportation Admin.). Gene Calvert (TE&CMl. Lvnn Thorpe (TE&CM). Ror Revised 4/25/2005 ({Ct. ~' ,~." ,,_,' &" '__',' __ 'T'l' ,-. ,p ," , , M"\ h 't"el ' t:. ~ger~l~em N,o.16E3 ' " ' D,iUard~ 'Re ',a', t";ted~,Sexton yUEO, JNaft1 Gtier HoleS! Mantes: c ae i "00 11 HG""..m.bll*JS; 11 'Deer 'lPBEf&Jf. O-enriis DaV (PBS&J)' , '. " "'page-zzor47 IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or 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 cO{lsistent 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 ' Revised 4/2512005 . CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E3 October 11, 2005 ~~~ft; \\()\ J:;t BID/RFP ,: 00-3062 m PROJECT NAME: ,Santa Barbara8rvd~ I Radio Rd . MOD#: ft ~ PO#: PROJECT # 62081 l ()~ B..o, WORK ORDER , DEPARTMENT:_TECM Original Contnet Amout: $ '2,22S,on.oo (S1arting Point) $ 3.735,963.00,. -(Last Total AmouDt.Api:mJYcd by the BCC) . /' / ," " CalTeot BCC ApprovedAmOlUlt: CUlTeot Co.traet AmOllDt: $_3.735.963.00 '.', .' ., L (IncludiDgAll ChaiIges PriOr To ThiS ModlJicetion} CbngeAmouot: $_79,889_00, $_3,815,852.00 (Inc1uding This ClJao&e Onter) , (/"'.. ".__, "F _ , _ . ~~:;;;- . ':'.. DIlE1VED. SEP 0 8 ZOOS ~ 'Tfilhl~'''''~ll...... " ! e.' P~.~"lV.J " EngInMrtr1llDepartm~~ !~ Revised ColltradlWork OnIer AmoDDt: CUDlalative DoDar Value ofCluutges to dais CoDtractlWork Order: $_1.s87,78". ..... ,., ~. . >. -" -_.'- . --'.- -It: ',.:".<,;...~' ~".. ,-.-,,-.^ Date of Last sec Approval_&pt 12, 2999 . ~Ui\~~ Agenda Item #4G(D)~l::::J~~ Percentage of the change over/under current contract amount_2.14 % Formula: (Current Amount I Last Bee approved amou!:1t)-1 ResuHs and Actions: If the change exceeds 10% Bee approval is reqUired; under 10% reported to Bce on Purchasing report. For specific 'nfonnation regarding work order thresholds. please refer to the Contract Administration Procedures, Section Ul.CA. . CURRENT COMPLETION DATE (S):ORlGrNAL: May 11.2002 CURRENT: Oct. 28. 2005_ ,,', . ,~,. .,'., '''''..''!'"~..", .. :',., ~~:f SUMMARY OF PROPOSED CHANGE (8): Modify the current 90% desIgn plans and separate them into two sets of contract plans due to dividing the above reference project into two phases for contract award and con~olt. The first phase Is to widen Santa Barbara'Blvd. from',Davis Blvd. to Cooper Leaf Lane. The second phase would be to widen Santa Barbara Blvd~ from Cooper feaf Lane to north of Green Blvd._ __,4"...._... JUSTlFJCA.TION FOR CHANGE (S): Dividing the project into two phases will allow the construction to start on time at the south end of Santa Bamara Blvd~ while the ROW acquIsItion process continues north of Golden Gate Blvd. ..~"'_ ~_.. PARTIES CONTACTED REGARDING THE CHANGE: Kelsey Ward,' Jay Ahmad. Gene Calve~ WlIsonMifler 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 deretion to the existing scope .:- Y - Change is being implemented in a manner consistent with the existing agreement Lf,W.' r- _ Y The appropriate parties have been consulted regarding the change _ Y _ Proposed prices, fees and costS set forth i"the change are reasonable REVIEWED ",-, ,. , I L.,_ _.. ..__---'--___.._.. Date: Date: Agenda Item No. 16E3 October 11, 2Vl~ Page 24 oJ 4,l.. C, CONTRACTIWORK ORDER..ODIFICATJON - CHECKLIST, fORM . Agenda Item No. 16E3 October 11 , 2005 Page 25 offJ I PROJ. .ECT "'~'Van~oriJ~ Beach ~CR 862 BIDIRFP #':' 04-3615 MOD #: . ~ OEPARfilENT: T'.E.C.M.' . PROJECT #: 63051 POt#: 4500031427 WORK ORDER.: '. CU~! '@CC Approved AmOIlIlt: S....37~604.~9;73 . (lnsl TOilI1 AmilUlu ~ by f.bC. Bee) $ - n.604.879.73 V (fucl~mgAlI ~-Pt'ior ToTh'iJ ~f1~i~) v' /' ~ Original Co~mtc:t Amount: $ 37};04.91O.53 (Stilrtillk~int) (Including This Omnjc Order) Cumnlattve Doll... Vallie ofChIlllga to this ContractlWork Order: $ (34).80) :l/ Carteat Contract AnaouDt: CbaDgeAm4'U11t: S! 0 Revised €OntradlWork.Ordet AlDoUllt: $ .0.00 J~ ~ Oateofl",aatBCC:ApPrtNaJ... g~, Agendan.m# It) ..... r:" Percentage of the cbangeO~.rlunder current ~tract amount - O. -'. ,% . t;; Formultt(CurrentAmcunt/lastBCCapprovedamount)_1 " 'e . ...... ..' Results a~/~on$: ltthlJchang~ 8lC.C88ds 10%',s_ce apprgyallf; requi~; under 10% reporte~'to Bce on Pli~.~!lg''"'1 report' 'FClf specific infomiation rega~jgg'work order threshOlds;cpJease refer to the Contract Adtninistra~n Prcoedures. ' Section III.C.4. , -. / CUR,RENtOOMPlETION DATE (S):ORIGINAL; November 24. 2001 CURRENT: November 24.2007 , SUMMAJ.tv OJ!- PR.OPOSED ciIANGE (S): Identify the changes. I. Removinl!: and replaced Mr. Bellows fence tn maintain a $i:ife containment al6n2' Harvey,CanaI. .2, Surveying the newril!:ht of way for verification for the clearing and 21'Ubbi'; operations: JUSTIFICATION FOR CHANGE (8): What,ivalueor b,neflt::do tb~e chang..; provide to the project? 1. Mt;:IJellow cummtlv has. an active permit for the; fence to be with in. the Harvev Canal easemeri~' this will maintain containment for his. property throu2'h the construction. 2. Pr6~rtY owners cha.Uen~ed the lOcation (lethe ~ew RIW. thiil SUrvey verified the prober locatiori. , PARTIES... 'CONTACTE. . o REGARDING. THE: CHANGE: Lynn.R.ThOrpe. P.Et ,Pri:al P~ieCt Man:er. CoUier;!'coun~ Transportation EngineeriJU!: &. Construction' MlIJla2ement', D~artment, Eddie,. M,-- Pro~ect Man_T. 'Collier. Coun-,- Transportation, EJUzmeeiiIlll & Construction ManR~ement. Department Kevin HendrickS~ Rie:ht of Way Acauisition ~en~ Manae:er. q>Uier Countv:' .' 'IMPLEMENT AnoN STEPS (VerjfY'e8cb before pioceedlng wltti change' using Y. N or N/A). .L. Prop<!~~(j change is C(~,!'lsi!~ht w~ trye scope of the' exiSting' agf~ement. _ -L Pro~dcf1ange is in;fact ~n additiOn-or deletiOn tq the existing sCope 'f ::JL ChanW' is:oe'lrtg implerJ:l~nted in's manner consistent with the existing agreement .lL Tfie approJ?nate parties haVe been-consult~d regardii1gthe,change' _ LCe_ .lL Pr6pOsedprices:'~ and costs set-fOrth in the chant:J8 are reasonable PROJECT MANAGER RECOMME:NDATION: This fQrm Is to b., sIgned an~. dated. APPROVE,BV: , &~.t?"'>"~'" Date:. ,t._:-:t. -<=7~ . Eddie Marti!!; Ptoject Manager REVIEWED BY:._ COntraCf;~peclalist .;.' Date: U-IVBi "....'..., .. _ .nD' - .... U.o, " SEP 0 8 2005 , TiariaP9.rtatlon':" .,- ~ '. ~rfj':ael*1!hent RevisedA12512005 AgenDa Ilellll~u. 16e3 October 11, 20~ Page 26 of " . CONTRACTIWORK ORDER "MODIFICATION CHECKLJSTFORM PRQJECT,NAME: RemodeUnaof the Medical Exlll!)lner FacilItY PROJECT #: ~2162 BID/RFP 04-3858 MOD t: 1 DEPARTMENT: Facilities PO#:4500035108 WORK ORDER#: orilbWCoatnet Amount: S 376,000.00 (Starting Point) CarreJlt BeC Approved AmOUllt: $ 376,000.00 (Last Total Amount Approved by the BCC) CIlri'entContractAmoUDt: $ 376,000.00 (Including All CbaDJes Prior To Thil Modification) C"'p~nt: "RevUedColltnctlWork Order Amout: $ 1,2.07.50 S 377,20750 (Includin, nul OIangc Order) eumulativeDbDu' Vallleof CbanRetto tbilCoutractlWorkOrder: $1,207.so i D81aofLalt.BCC Approwd 9/14104 Agenda Item # 16 e 10 Perce....orthechang.over/und.rcurrentcontract amount 0.32 % Formula: (CudntAmount It.astBCC approved amount)-1 RMult8 and Actions: If the change exce$ds 10% BCe approval Is required; under 10% reported to BCCon Purchasing report. For specific infonnation regarding work order thresholds. please refer to the Contract AdmiritstratlonProcedure5. Section II1.C.4. CURRENT C(!)MPLET10NDATE (S):ORIOINAL:1J1412006 CURRENT: 1 J1~2006 Jr \ 1141 ol:. sUMMAltY ()F PROPOSEDCHANGB (8): Identify the changes. This change is to add sprinklers to the 11l~ca1.room. J",S11FICATtONFORCHANGE(S): What value or benefit do th888Changes provldeto theprojRt? Ifwasdecldeddutlng thepennlttlng phase that this needed to be done. PARnES CONTACTEDREOAROING THE CHANGE: Bob Pierce . . Anthonv Hamilton. EHC IMPLEliENTAl'IONSTEPS(Verlfyeach before proceeding with chang. using Yf N or NJA) _y~ Prt)pOS$d Changetscon81stentwith the scope of theexif;tfngagreement _,,:-prOpo$ed>changel$'tn factanaddltlon or deletion to theexlstlng scope 2(.... Change is being Implemented .In a manner consistent With the existing agreement _Y~Th.iappropriatEJptVties have been consulted regarding the change _V... Proposed prices. fees and costs set forth In the change are reasonable .. CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM. Agenda Item No. 16E3 October 11, 200~/ Page 27 of 4!1'? PROJECT NAME: VANDERBILT BEACH ACCESS # 1 PROJECT #: 90026 BID/RFP #: nla; BCC approved agreement on 1/25/5 MOD #:1 PO#:4500042136 DEPARTMENT: PARKS AND RECREATION - Original Contract Amount: $154,175 (Starting Point) Current BCC Approved Amount: $154,175 (Last Total Amount Approved by the BCC) Current Contract Amount: $154,175 (Including All Changes Prior To This Modification) Change Amount: ($.7,565.25) $146,609.75 (Including This Change Order) Revised ContractIW ork Order Amount: Cumulative Dollar Value of Changes to this ContractIWork Order: ($-7,565.25) Date of Last BCC Approval: 1/25/2005 -Agenda Item #16(0)2 Percentage of the change under current contract amount: -4.9;% Formula: (Current Amount / Last BGG approved amount)-1 Results and Actions: If the change exceeds 10% BGG 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: 3/1/2005 CURRENT: 9/28/2005 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. This deductive Change Order # 1 is to finalize the contract amount of the project, provide additional time to the project, and close out the project. On January 25, 2005 the BCC approved a developer agreement with VGC to construct the Vanderbilt Beach Access # 1. Since that time, the developer VGC was able to secure a lower priced bid for the boardwalk construction. At" the same time, VGC was required to provide additional permitting and surveying services for the project, outside of the County's duties, which added costs to the project. Together these items resulted in a savings of $7,565.25 to the County. This change order # 1 serves to rectify the accounting for the project and realize the savings to the total project cost. Additionally, this change order serves to add additional time to the project for finalization of the project payment and close- out. Previous letter amendments adjusted the project time, as allowed in the contract. The project construction has been completed. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? This change provides the County the opportunity to realize savings that have been made in the project bidding since the agreement was awrded. The savings will go back to Park's Beach Projects reserves for re-budgeting into other projects. PARTIES CONTACTED REGARDING THE CHANGE: Parks and Recreation Director, Public Services Administrator, Purchasing's Contract Specialist, County Project Manager. Revised 4/2512005 Agenda Item No. 16E3 October 11 , 2005 Page 28 of 47, SA. -\'1PLEMENTATION STEPS (Verify each before proceeding with change using V, Nor N/A) _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 REVIEWED B . U, N: This form is to be signed and dated. Date: 9 j;1/~ Date: 9/1 (/ ~ APPROVE B Revised 4/25/2005 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E3 October 11, 2005 Page 29 ofj~ PROJECT NAME: Fleet Facility PROJECT #: 52009/35010 BIDIRFP #: 02.3422 MOD #: 8 PO#: 4500016851 WORK ORDER #: nla DEPARTMENT: Facilities Manaaement Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: $500.000.00 (Starting Point) $748.725.00 (Last Total Amount Approved by the BCC) $748.725.00 (Including All Changes Prior To This Modification) Change Amount: Revised ContractIWork Order Amount: $6.450.00 $755.175.00 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractIWork Order: $255.175.00 Percentage of the change overlunder current contract amount: 0.86% 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 July 26.2005 Agenda Item # 16.E.15 CURRENT COMPLETION DATE (S):ORIGINAL: 5/5/05 CURRENT: 5/15/07 per 6/3/05 letter SUMMARY OF PROPOSED CHANGE (5): Identify the chanaes. The oriqinal contract called for desiQninQ the oroiect in two maior phases: the County Fleet Facility and the Sheriff Fleet Facility. Now that it has been decided to purchase the land adiacent to County Barn and to include the Collier Area Transit (CAT) operations. the adiacent property owners were contacted to neaotiate the purchase of their land. The owner of the parcel to the south will not sell and therefore condemnation is beina pursued. JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project? The additional fees are needed to survey the -10 acre parcel to the south for probably condemnation. PARTIES CONTACTED REGARDING THE CHANGE: PurchasinQ: Linda Jackson. Facilities: Skip Camp. Chuck CarrinGton. Peter Hayden, CAT: Dianne FlaGG. 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 APPROVE BY: p iii? . REVIEWED BY:' Co t N: This form is to be signed and dated. Date: rf~/oS Date: 1// {..(0-6' Revised 4/25/2005 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E3/1 October 11, 2005 Page 30 of 47 ROJECT NAME: NORTH NAPLES REGIONAL PARK CONSTRUCTION MANAGEMENT AT RISK . . ROJECT #:80602 BID/RFP #: 01-3189 MOD #:16 PO#:4500037217 DEPARTMENT: PARKS AND RECREATION Original Contract Amount: $53,802,645 (Starting Point) Current BCC Approved Amount: $42,023,463.30 (Last Total Amount Approved by the BCC) Current Contract Amount: $4Q,586,738.62 (Including All Changes Prior To This Modification) Change Amount: $65,750.09 Revised ContractIWork Order Amount: $40,652,488.71 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractIWork Order: ($-13,150,156.29) __Date of Last BCC Approval: 5/24/2005 Agenda Item #16(D)4 .-Jercentage of the change under current contract amount:-3.26% 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 IlI.CA. CURRENT COMPLETION DATE (S):ORIGINAL: 5/10/2006 CURRENT: 5/10/2006 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. This additive Change Order # 16 is associated with the addition of a Fire Suppression System to the computer data rooms of the project as well as an increase to the GMP contract allowance for providing the Florida Power and Light (FPL) infrastructure. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? The Fire Suppression System is required by the County Information Technology (IT) Department to serve the computer data rooms and was not included in the original contract The system will safeguard the computer equipment and is worthy of the investment. The FPL allowance included in the original contract was an estimate and did not adequately provide the funds needed to complete the FPL infrastructure. Now that the FPL work is complete, a complete accounting of the costs has been made. The FPL work was mandated by the power company and Is needed to supply electrical power to the project. PARTIES CONTACTED REGARDING THE CHANGE: Parks and Recreation Director, Public Services Administrator, Purchasing Contract Specialist, Clerks Finance Department Special Projects Coordinator, -~ounty Project Manager. Revised 4/25/2005 Agenda Item No. 16E3 (1 n October 11, 2005 "l Page 31 of 47 IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or NfA) _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_ ihe appropriate parties have been consulted regarding the change -,x_ Proposed prices, fees and costs set forth in the change are reasonable REVIEWED Revised 4/25/2005 CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E3 October 11, 2005/ ?i Page 32 of 41 ROJECT NAME: SCWRF Iniection Well 2 PROJECT #: 73154 dID/RFP #: 01-3793 MOD #: ~ POt: 4500010375 WORK ORDER #: Task Order 4 DEPARTMENT: Public Utilities Engineering Original Contract Amount: $2.775.780 (Starting Point) Current BCC Approved Amount: $ 2.775.780 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 2.820,780 (Including All Changes Prior To This Modification) Change Amount: ($64.275.50) $ 2.756.504.50 (Including This Change Order) Revised ContractIW ork Order Amount: Cumulative Dollar Value of Changes to this Contract/Work Order: $ (19.275.50) Date of Last BCC Approval June 25, 2002 Agenda Item # 16 (C) 1 Percentage of the change over/under current contract amount $ -2.279 % ..- ; .J. tZ 1J4/~/d _Formula: (Current Amount! Last BCe approved amount)-1 - O.(,,'1~ 6~ &,;."Jt5tc. lesults 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: October 31.2004 CURRENT: April 29. 2005 SUMMARY OF PROPOSED CHANGE (S): Identifv the chanaes. Payment for work directive 1. and to reconcile final contract Quantities. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? This chanqe order is a deduct to the contract. RemaininQ funds will be returned to the proiect budoet. PARTIES CONTACTED REGARDING THE CHANG~ This chanae order is a deduct to the contract. Remainina funds will be returned to the proiect budaet. 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 MAN APPROVE BY: Pf. qEVIEWED BY Date: Revised 4/25/2005 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM PROJECT NAME:,JCWRF 2nd Floor Process Control Building Expansion PROJECT #: 725101 Agenda Item No. 16E3 October 11, 200t]' (;( Page 33 of 41 BIDIRFP #: 05-3726 MOD #: I PO#:_ 4500041168_ WORK ORDER #: DEPARTMENT: Public Utilities EnQineerina Original Contract Amount: $ 179.000 (Starting Point) Current BCC Approved Amount: $ 179.000 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 179.000 (Including All Changes Prior To This Modification) Change Amount: $ 0 Revised Contract/Work Order Amount: $ 179~OOO (Including This Change Order) Cumulative Dollar Value of Changes to this ContractIW ork Order: $ 0 Date of Last BCC Approval 11/16/04 Agenda Item # 16 eCl 5 Percentage of the change over/under current contract amount 0 % 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 IlLCA. CURRENT COMPLETION DATE (8): ORIGINAL: 2/1/06 CURRENT: 2/6/06 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Change in the type of roof for instrumentation room. Replacement door frame. and change in condensate drain. Costs for changes are to be deducted from allowance. Time for construction increased by 5 days for changes in roof structure JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Previous desion would not work in space allocated PARTIES CONTACTED REGARDING THE CHANGE: Desion professional and Lvn Wood 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 - 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 J PROJECT M AT!ON: This form is to be signed and dated. Date: APPROVE BY: P . REVIEWED BY: Contr 'ct. Date: Revised 4/2512005 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16Ea 6 October 11 , 200'S- Page 34 of 47 - 'OROJECT NAME: SCWRF 2nd Floor Process Control Building Expansion PROJECT #: 725091 BID/RFP #: 04-3724 MOD #: I PO#:_ 4500039984_ WORK ORDER #: DEPARTMENT: Public Utilities Enaineerina Original Contract Amount: $ . 689.000 (Starting Point) Current BCe Approved Amount: $ 689.000 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 689.000 (Including All Changes Prior To This Modification) Revised ContractIWork Order Amount: ~ 63.299.25 $ 752.299.25 (Including This Change Order) Change Amount: Cumulative Dollar Value of Changes to this ContractIWork Order: $ 63,299.25 Date of Last BCC Approval 11/16/04 Agenda Item # 16(C)6 Percentage of the change over/under current contract amount 9.19 % 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: 1/1/06 CURRENT: 2/23/06 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Uoaraded ratina of room to included fire rated walls and chances to windows and drywall oursuant to CDES reauests JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? A safer uparaded meetina room.. Increase time of completion due to delivery of hollow core precast PARTIES CONTACTED REGARDING THE CHANGE: Desian professional and Lvn Wood 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 MAN .I APPROVE BY: . [ REVIEWED BY- Revised 4/25/2005 CONTRACTlWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E3 October 11, 200th I Page 35 of 47"'- \ PROJECT NAME: SCWRF 2nd Floor Process Control Building Expansion PROJECT #: 725091 BID/RFP #: 04-3724 MOD #: 2 PO#:_ 4500039984_ WORK ORDER #: DEPARTMENT: Public Utilities Engineerina Original Contract Amount: $ 689.000 (Starting Point) Current BCC Approved Amount: $ 689.000 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 752.299 , J.,~ (Including All Changes Prior To This Modification) Change Amount: $ 0 $ 752.299.25 (Including This Change Order) Revised ContractIWork Order Amount: Cumulative Dollar Value of Changes to this ContractIWork Order: $ 63299.25 Date of Last BCC Approval 11/16/04 Agenda Item # 16(C)6 Percentage of the change over/under current contract amount 0 % elf Ie; '2. ~ Formula: (Current Amount / Last BCC approved amount)-1 ~ 15(.'- 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: 1/1/06 CURRENT: 2/23/06 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Structural chanoes to the footers to resolve conflicts with the orioinal olacement of the footers. Costs for changes are to be deducted from allowance. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Placement of footers in orioinal des ion would not have worked because of utility conflicts PARTIES CONTACTED REGARDING THE CHANGE: Desion orofessional and Lvn Wood 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 M "JON: This form is to be S!9?ed an~ed. ,1-- Date: 9/~/60 rr--,AI- Date: jtfl/~ Revised 4/25/2005 Road L~~ I I TRACT/WORK. ORDER MODIFICATION CHECKLIST FORM 3 tJ .;; PROJECT #: 60018 POtf:. ~tn,,~ \ . WORK ORDER #: Agenda ltertl Nb-:' 1~ October3.~~ Page 36 of? d-. -OROJECT NAME: BIDIRFP #: 00 . ~.\,'\ MOD #: DEPARTMENT: TECMD Revised ContractJWork Order $ uiOi..412..%S /' (Sfjtiag Point) $ 1.601.412.25 / (Last Total AmouDt Approved by thl:: Bee) $ 1.717.952.25 /" (tacIUdiDg All ~.PdOrTcfrbiS ModifiC1ltiOn). S . . (m469.66) . ~/ S., 1~..482.5' ,/' ~.11d8~()nier) Cumulative DoD. V tiue of C' 'es to this ContractJW ork Order: S (91,?'9.66) Original Contract Amount: Current BCe Approved Amount: . CWTeDt Contract AmoUDt: Change Amount: Date of Last BCC Approval Agenda Item # 1SrBKS} - / P-./8 "f, _ Percentage of the change ow under current contract amount 1.8:e9f . % - 5, 6V Z J,tD- ~ Fonnula: (Current Amount I Last ..C approved amount)-1 0' /fcL Results and Actions: If thechCl ge exceeds 10% BCe approval is required; under 10% reported to Bce on Purchasing report. For specifi infonnation regarding worX order thresholds, please refer to the Contract Administration Procedures, Seeti n tn.CA. V CURRENT COMPLETION DA 1 (S):ORlGlNAL: 11291D5 V CURRENT: 6IZ7105 SUMM:V ~ PROPOSED c~ (S): Identify the changes. Cloalna out this p- of the project in JUSTIFICATION FOR CHANG (8): What value or benefit do these changes provide to the project? flecJuested ,bvthe Cle s office and PuNhaslna. . .. '.. . .... ... . .' I.... '.' ..' PARTIES CONTACTEDREGA~DING THE CHANGE: Eugene Calvert. Principal Proiect Manaaer. Lvnn R. Thor;PG~ Princioal ProjeclManaaer. Usa Taylor. Analyst, Rhonda Rembert. purchasing . . . I IMPLEMENTATION STEPS (Vetify each before proceeding with change using Y, N or N/A) .A. Proposed change is consistent with the scope of the existing agreement .lL Proposed change is in fact ~n addition or deletion to the existing scope .A. Change is being implement~d in a manner consistent with the existing agreement .lL The appropriate parties hav~ been consulted regarding the change -1L Proposed prices, fees and cOsts set forth in the change are reasonable PROJECT MAN ECOM~ ATION: This form is to be signed and dated. Date: .9((t!o$' RECEIVED Date: ~ SEP 19 2teir ~ Transportation Engineering Depertrrent CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E3..-, ~ October 11, 2005 tI- ...J Page 37 of 47 PROJECT NAME: SCWRF 2nd Floor Process Control Building Expansion PROJECT #: 725091 BIDIRFP It: 04-3724 MOD #: 3 PO#:_ 4500039984_ WORK ORDER #: DEPARTMENT: Public Utilities Enaineerina Original Contract Amount: $ 689.000 (Starting Point) Current BCC Approved Amount: $ 689.000 (Last Total Amount Approved by the BeC) Current Contract Amount: $ 752.2991 ;2..j (Including All Changes Prior To 'This Modification) Change Amount: $ 0 $ 752.299.25 (Including This Change Order) Revised Contract/Work Order Amount: Cumulative Dollar Value of Changes to this Contract/Work Order: $ 63299.25 Date of Last BCC Approval 11/16/04 Agenda Item # 16 eCl 6 Percentage of the change over/under current contract amount 0 % 1 ( '1 ;~, . Formula: (Current Amount / Last BCC approved amount)-1 - t,.. m /X...l...-1f'f'Au; Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCC on 10' Purchasing report. For specific information regarding work order thresholds, please refer to the Contract. Administration Procedures, Section "LCA. CURRENT COMPLETION DATE (S): ORIGINAL: 1/1/06 CURRENT: 2/23/06 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Asbestos was found in the caulkina of the windows. Cost for asbestos abatement are to be deducted from allowance. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? Asbestos abatement had to be completed before demolition could beain PARTIES CONTACTED REGARDING THE CHANGE: Desian professional and Lvn Wood IMPLEMENTATION STEPS (Verify each before proceeding with change using V, N or N1A) - 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 A'{ION: This form is to be signed and dated. Date: 9/2Z/05 1/ajuV Date: APPROVE BY: Pr REVIEWED BY: Co ia"fr/r Revised 4/2512005 Gj. ~. ~I'- <:.00 ..;.-,...C:J IlQ :"') _<J.l EWOl woO ro .....00... rot> -00 c W OJ <( .. C '- Gl Gl <II r:nt:"E ~iB~ J:'. 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C E ro W ~:JCD g ala.al U)o>g>~s .E t; ~ ~ .~ ~~():2J: a; Cl C l'lI .c o '0 ~ Gl '~ Gl > o ll) o o N Oi o ,..., 'C al 'C :::J ti .5 ~ ro Ul C .51 ~ <;::: 'in Ul III ti 00 C ,g '6 -0 ro '- .2 '" C o 'in ';; e a. ai "E o -'" (; ;: o <;::: '(3 al a. '" Ul ;s '- .2 := ti ~ .~ Cl e C a. ';;" al al.c <::::: ill 0 al en 'C 0 :::J U ti al .~ :5 ~~ C a. ,51 ,5 ~o <;::: C .~ .~ ~ ~ ~,g -c 'u; Ql 0 .c a. U Ql Ul Ul al al ~= "EO ~g ~:o 1ii-g :5~ I- r:: al r:: E al 2 E 2: alQl :::J '- Ul en ~< Q; en ro ":2 ~ !E C= l'lI .... .c 0 '::< o Ql ~'3 .!!! al ~ -5 >(f) 0,5 r' CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E3 October 11 , 2005 I Page 40 of 47 \ 61 PROJECT #: 70078 _ PROJECT NAME: Golden Gate Blvd. Water Main Replacement ~5' BID/RFP #: 04~ MOD #: 2 POI: 4500030073 WORK ORDER #: UC-019 DEPARTMENT:PUED Original Contract Amount: $ 677.700.00 (Starting Point) Current BCC Approved Amount: $ 677.700.00 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 663.170.00 (Including All Changes Prior To This Modification) Change Amount: $ (859.00) $ 662.311.00 (Including This Change Order) Revised Contract/Work Order Amount: Cumulative Dollar Value of Changes to this ContractIWork Order: $ {15..389.00) Date of Last BCC Approval 6-26-04 Agenda It!l;p # 16 C 6 _ Percentage of the change over/under current contract amount_ ';2.;).., 1 % 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: 8-28-04 CURRENT: 5-31-05 SUMMARY OF PROPOSED CHANGE (S): Identify the hanges. 1. Final resolution of Quantities. 2. Relocate fire h drantas r uested b Fire District. ,'. . .,Lt,~;rCtZ.> jt'-t ~ 6b-p't JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project? 1. Adiusts quantities to those actually installed. 2. Improves neiqhborhood fire protection. PARTIES CONTACTED REGARDING THE CHANGE: Golden Gate Fire Marshall. Contractor. Desiqn Consultant. Water Director. and Utilities Enoineerinq Director. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, Nor N1A) 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 Date: 8-22w05 Date: R rd. 9 -t15' .."..",..~""l,~,;." CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E3 October 11, 2005 Page41~ PROJECT NAME: Judges Courthouse Parking Canopy PROJECT #: 52525 BID/RFP #: 01-3235 _MOD #: 1 POI: 4500046664 WORK ORDER # DA-02-08 DEPARTMENT: Facilities Original Contract Amount: $ 29,010.00 (Starting Point) Current BCC Approved Amount: $ N/A (Last Total Amount Approved by the BCC) Current Contract Amount: $ 29,010.00 (Including All Changes Prior To This Modification) Change Amount: $ (1,200.00) Revised Contract/Work Order Amount: $ 27,810.00 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $ Date of Last BCC Approval Agenda Item # Percentage of the change overlunder current contract amount %-4.14 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 :9/13/05 CURRENT: 3/13/06 SUMMARY OF PROPOSED CHANGE (8): Identify the changes. Delete alternate handicapped ramp, delete alternate canopy, delete reimbursable expense, and add Insubstantial change. 180 days has been added to work order for completion. JU8TIFICA TION FOR CHANGE (8): SOP and related work was not originally included in the scope of work for this project. Subsequent investigation has discovered the project shall require a SOP. Collier County Zoning will allow an insubstantial change to the existing SOP (ISDP) for the addition of the canopy project. PARTIES CONTACTED REGARDING THE CHANGE: Bob Pierce, Dalas Disney 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 _ 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. Revised 4/25/2005 l I Date: Date: Agenda Item No. 16E3 October 11 , ~05. Page 4~ '47 ~pfft> s!:ziIOJ Revised 4/25/2005 CONTRACT/WORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 16E3 October 11, 2005, Page 43 of 47' PROJECT NAME: Goodland Water Booster Pump;nq Station Upqrades PROJECT #: Not appficable BID/RFP #: 00-311 9 MOD #: 6 PO#: 4500010029 WORK ORDER #: GH-FT-03-02 DEPARTMENT: Public Utilities Enaineerina Original Contract Amount: $ $ 29.954 (Starting Point) Current BCC Approved Amount: $ 153.924 (Last Total Amount Approved by the BCC) Current Contract Amount: $ 153,924 (Including All Changes Prior To This Modification) Change Amount: $ 15,130. Revised ContractIWork Order Amount: $ 169.054 (Including This Change Order) Cumulative Dollar Value of Changes to this ContractIWork Order: $139,100 Date of Last BCC Approval 9-23-05 Agenda Item # 16 (C)18 (Budget Amendment) Change Order Approval ratified by BCC 9-9-03 16 F11tem 15 Percentage of the change over/under current contract amount 9.83% Formula: (Current Amount / Last BCC approved amount) 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. 6 CURRENT COMPLETION DATE (S):ORIGINAL: September 13, 2004 . CURRENT: January, 2006 SUMMARY OF PROPOSED CHANGE (S): Identify the chamles. Additional inspection services durinq construction. substantial. and final completion. JUSTIFICATION FOR CHANGE (S): What value or benefit do these ch~nges provide to the project? Additional inspection services and contract administration are required for this proiect due to an extension to the construction contract time. PARTIES CONTACTED REGARDING THE CHANGE: Roy Anderson. Paul Mattausch. Bill Mullin. Lynn Wood 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~E_R REC~~~~ON: This form is to be signed and dated. APPROVE BY: J,J ;:. o. ~"'\ ", . Date: ~ - 3f.:J - ()~ Project Manag r C/ J t REVIEWED BY:4 .J7 {/L~ Date: q--~ -OS- CoMr~ct peciafist I Revised 4/25/2005 CONTRACTIWORK ORDER MODIFICATION CHECKLiSt FORM Agenda Item No. 16~ October 11 , 200 Page 44 of 7 'ROJECT NAME: Goodlette~Frank Road (PRR~VBR) Landscaoe Architectural Service PROJECT #:601344 BID/RFP #: 00-3131 MOD #: ...L-PO#: 4500031603 WORK ORDER #: TLO-GB-05-01 DEPARTMENT: ATM - TransDortation Original Contract Amount: S 46.048.00 (Starting Point) Current BCe Approved Amount: S N/A (Last Total Amount Approved by the Bee) Curreut Contraet Amount: $ 46.648.00 (Including All Changes Prior To This Modification) Change Amount: S 1.053.00 $ 47.101.00 (Including This Change Order) Revised Contract/Work Order Amount: Cumulative DoUar Value or Changes to this ContradlWork Order: S 1.053.00 Date of Last Bec Approval N/A Agenda Item # N/A _ Percentage of the change over/under current contract amount ~% ':"ormula: (Current Amount I Last BCe 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 III.C.4. CURRENT COMPLETION DATE (S): ORIGINAL: FebruafY 1. 2005 CURRENT: February 1. 2008 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. ~odifv the i.rri2ation svstem desim for a new oumo since it was determined that the sleevinll at Oranlle Blossom and Goodlette can not be used or salvued. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the proJect?In'Lati n a ad to be c d i c he sl evin n n a m n ad itlonal water sourceltaD is needed on ~he ~Orth en~f the qrolect. The redeslan address s: Irrlaation. Dump station location. effluent water ta an FPL De Its and electrical connections reauired for an oDerabla lniaation system.. PARTIES CONTACTED REGARDING THE CHANGE: Bob Petersen. Gloria Herrera. Pam Lulich. Rhonda Rembert. Dianne Flaaa. Gail Booonnan. and Nonnan Feder IMPLEMENTATION STEPS (Verify each before proceeding with change using V, 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 _ Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGE ECOMM . his fonn is to be signed and dated. 0' ate:-. '! I. "6 r n Date: ~ ct Specialis \PPROVE BY: REVIEWED B :'~ . , Revised 4/25/2005 ,==. Agenda Item No, 16E3 October 11 , 200~ Page 45 of 4]) CONTRACT/WORK ORDER MODIFICATION : ." . c' .Giie~~$l;Fd'R'M; . PROJECT NAME: *NJ ~jL. .. ~_#:~f?/~ .... 8~lk . ~/' . . f}:1.J,/ ,n JJIfi BIDlRFP#: Q ~.':j<;"_,:;~,~,,.. ... WORKORDER#:~I~TL(~~ DEPARTMENT:.. .'~~ ~'~":.-,-n""~~~........,, ""," _c_, $ 76tJlJ, tJO (Simj~ri~,:~i)i $ ~t!~:"'~~Bc6' ~. '.", .-'., t, . .';:".6li1t2~. lJt):,.."" m.. ... ." , -i~ '.fiig.,AJ1"g~~e,s~tfttQ'~M~~~q~5. $ ')Z!O~tJtl (Revised ContractlWork Order Amount: $ / f3J ~tJtl - ii3 , ; (!uClddin''''''DtlS~PftW~ ! ii' , ~ " .....,..1....". ~ j;Ctlm~DiJlfttV-Rhtenl.~totti&'€hntracilW'&:kO~;'.@ 1?fIt)~ ,.tiP! ~ . -.' < :. 'I.. .~.' ",.. ,.' .':J ~ :- ..', ".' . ',-. , - . I .'_." ,,,. .....Ilnl!l~~.....,.,. ._' ~ _ ,,"U ~ ..".._ .' .'_' Original Contract Amount: Current BCC Approved Amount: Current Contract Amount: / { \ Change Amount: ~:Qf'~:@CQ~Pr9val A9~dS. hmtj::''''''J'''~'m'''.w.."",.~:,,,,::.",. :::; 7~ % ~f. 33 Percentage of the change over/tinder 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% report to BCe on Purchasing report. For specific infonnation regarding' wor'order thresholds, please refer 0 the Contract Administration Procedures, Section III.C.4. ,/ CURRENT COMPLETION DATE (S):ORIGINAl: 5 (I.f(OLf CUR~ENT: to t I 107 ;S....UM,. . _.,.'. M..,'.~.fVl.'"'Y.."CP.',.E.t.,PRQ.'J.P)(O. '..S..'.:.'~D.:., ~....t;I..'~N'~E (5.): Identi.fy.. the changes. A~c~~ J,IWrJ~~~ .. ,~"~~,,,,~~Jl '1~~ ..f~".. " . "," ". -- --" ..." y. '''," .'_.'_ " JlJ~nFI~~TI!",#:F~tt~~RA.NG~(S): What value O&~. efit do'thes~'1qhange~J)rQV ", to the project,? ""> ~... ;..i;'~ .. '. toli.' ""'~'.' n- / -.-_L. E J . ..;! ,; ,iJ.." .~...; :". ,I.. ___ ~ \# ,:::.." ~~Ij.;, ,. ~ ~~. __.". ~ ~J" \IJ~ ., .:,,,._,j",,...~<,,.';._; .. . 'w, _..~"'!"';.""',~'-:!.._~.,I-.,\,_~.,.. .",,, ",. .,.;1" ~ ., PARTIES CONTACTED REGARDING THE CHANGE: ,._~ '''':'''''''''';;C'''''"''~-'-':;'';''-'''''"-'''''-''!;;J''H'~''''''1:'''''''''".~= __".'';:; .,,,.... "'c::.;"'.,. _ '-"-;~"=,"'.--.I ...' ,. _ ..:1-0 ~ , IMPLEMENTATION STEPS (Verify each befo're proceeding with change using V, N or N/A) _ Proposed change is consistent with the scope of the existing agreem,ent . _ 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 .'--. ntract Specialist Revised 4/25/2005 CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No. 161=3 October 11, 2l105 Page 46 ot47 PROJECT NAME: US 41 North {PRR-VBRl Effluent Water Svstem Conversion PROJECT #: 601551 BID/RFP #: 04-3614 MOD #: 1 PO#: 4500049823 WORK ORDER #: TLO-MA-05-30 DEPARTMENT: Alternative TransDortation Modes Original Contract Amount: S 4.380.00 (Starting Point) Current BCC Approved Amount: S N/A (Last Total Amount Approved by the BCC) Current Contract Amount: $ 4~80,OO (Including All Changes Prior To This Modification) Change Amount: S 500.00 S 4.880.00 (Including This Change Order) Revised ContractIWork Order Amount: Cumulative Dollar Value of Changes to this ContractIWork Order: S 500.00. Date of Last Bee Approval 09/21/04 Agenda Item # 16.E.8 Percentage of the change over/under current contract amount 11.42% 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: SeDtember7. 2007 CURRENT: SeDtember7. 2007 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. Addine 5500.00 in Reimbursables to th. Work Order. JUSTIFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project' Reimbursables were not included in the proposal. therefore a Chane:e Order is needed to add it to tht Work order. PARTIES CONTACTED REGARDING THE CHANGE: Pam Lullch. Bob Petersen. Gloria Herrera. Diant Flaaa. Michael Mc Gee. Norman Feder and Rhonda Rembert. 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 hange are reasonable PROJECT MANAG RECOMMENDA : T s ~ is to be signed and dated. APPROVE BY: REVIEWED BY: Date: Date: Revised 4/25/2005 r o(!o Agenda Item No. 16E3 October 11, 2O.Q5 Page 47 of /+7 CONTRACT MODIFICATION CHECKLIST FORM PROJECT NAME: Master Pump Station - HeritaQe Bav PROJECT#: 73079 O/-j27'6 MOD #: 1 AMOUNT OF THIS CHANGE $ 0.00 BID/RFP #: PO #: 4500040557 Work Order #: JEI-FT-05-01 CONTRACT AMOUNT: ORIGINAL $ 163.364.00 CURRENT $ 163.364.00 (STARTING POINT) (INCLUDING THIS CHANGE ORDER) Last BCC Approved Amount $ 163.364.00 (LAST TOTAL AMT. REQUIRING BCC APPROVAL) Date of Last BCC Approval Agenda Item # Cumulative Dollar Value of Change Orders to this ContractlWork Order: $ 0.00 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 III.CA. CURRENT COMPLETION DATE (S):ORIGINAL: January 27.2007 CURRENT: January 27.2007 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. This is a chanae order to supplement thl.- rate schedule for Johnson Enqineerina Inc. to include fees for surveyina pursuant to task 1 of the November 18, 2004 proposal form consultant. JUSTIFICATION FOR CHANGE (S): The Oriainal Work Order was written under the contract 01- 3290. Fixed Term Professional Enaineerino Services. This contract does not include classifications for surveyinq however. the fees for survey was included in the work order. It is now necessary to supplement the contract to include the rates for surveyinq to complete the desiqn for this proiect. PARTIES CONTACTED REGARDING THE CHANGE: Mr. Bill Mullin. Principal Proiect Manaqer. IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) --X- Proposed change is consistent withthe scope of the existing agreement --X- 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 --X- The appropriate parties have been consulted regarding the change -L Proposed prices, fees and costs set forth in the change are reasonable APPROVE BY: , MMENDATION: This form is to be signed and dated. 9/13/0S- Date: 9/)0 /UY t ( Date: Revised 12/23/04 Agenda Item No. 16F1 October 11, 2005 Page 1 of 11 .-- EXECUTIVE SUMMARY Recommendation to approve after-the-fact submittal of an Emergency Management application for a matching (75/25) grant offered by the Federal Emergency Management Agency and the State of Florida Department of Community Affairs in the amount of $87,000. OBJECTIVE: To obtain Board of County Commissioner's after-the-fact approval of an application for the Hazard Mitigation Grant Program (75/25) for the purpose of creating a Public Outreach Mitigation Program. CONSIDERATIONS: In the wake of the extensive loss of life, property, and public services in the Gulf coast due to Hurricane Katrina and Hurricane Rita in 2005, Collier County Emergency Management sees the need for a Public Outreach Mitigation Program. The program will help educate the community on the impacts of potential hazards and mitigate to reduce the losses following disasters. .- Due to the busy 2005 hurricane season and the involvement of the Department of Emergency Management, the application materials were not prepared in time for approval by the Board of County Commissioners prior the application deadline and required signature by the County Manager. Per CMA # 5330, Grant Coordination, the County Manager is authorized, in circumstances such as this, to sign grant applications with follow-on approval from the Board of County Commissioners. FISCAL IMPACT: The proposed total grant is $87,000 with the cost split 75/25 between the State of Florida and the Collier County, Department of Emergency Management. The Department of Emergency Management's share of $22,000 will be funded through in-kind funding in the form of supplies, staff time, and space usage. GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve this after- the-fact submittal of the Federal Emergency Management Agency/State of Florida Hazard Migitigation Grant Program Planning Application. Prepared by: Jaime Sm'baugh, Bureau of Emergency Services Public Information Coordinator/Training Officer _. Agenda Item No 16F, October i 1, 2005 Page 2 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: hem Summary: 16F1 Meeting Date: Recommendalion to approve afte'-fne..facl submittal of an Emergency Manag~menl application for a matching (i5i251 grant offered by tha Federal Emergency Monagement Agency and ~h... State of Florida Cleplll111li'ni of Commtlmty Affairs in the ,"mounl of $07,000 10!11/2oo5 9:00:00 AM Prepared B~. Jaime SarlJ;lUgh Public Informlltlon Of'hcl/r Oats COUl1ty Mllnl'gcU's Offlclt Burllllu of Enlefllilncy S(!rvlcill~ &1211/200$ J:36:60 PM Approved By Marlftne J. Foard Grllnts Coordiniitor Date Administrative Service. Admin!strative- S~rvlc(ls Ad"lln 912312(1054:0\1 PM Approved B)' Dan E, Summers Burll'lilu of Em..r~ency Servlcl!~ I)j~cror Da" County M;meger's Office Bure;iJu 01 Emergency SelVices 9l2'9/2005IU9 AM Approved By OMS CQ()f"dinalor AtlministratlvE!- Assistant 0... County M:;IIn:;llger'll Offi<::c Offic~ 01 Managemcnt& Budoet 9'30/2(1051:42 PM Approved By Michael Smy1cowsld M.m.1lg~ment'\ Budget Olre~tor "",. County Mana1J&r's OffiCle Of'rice of MJlnag~ment &. Bud{fet 1013'200512:00 PM Apl)rO\'ed By Leo E, Oeh~, Jr, Deputy County Manager 0... Board of County Comml,sloners County Manllger's Office HH4/2005 1:)D PM ~ Administrative Services Division Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 marlenefoord(a),colliereov.net (239) 774-8971 (239) 774-8720 (fax) Agenda Item No. 16F1 October 11 , 2005 Page 3 of 11 TO: Jim Mudd, County Manager CC: Dan Summers, Emergency Management Director Jaime Sarbaugh, Public Information Coordinator Marlene F oor~rants Coordinator FROM: DATE: September 29, 2005 After-tile-Fact Approval by the Bee is required at the October 11. 2005 Bee meeting. SUBJECT: County Manager Approval of a Hazard Mitigation Grant Program - Planning Grant Application. The Florida Department of Community Affairs has made federal FEMA Hazard Mitigation Grant Program (HMGP) funds available as the result of the Presidential Disaster Declarations related to the hurricanes of 2004. HMGP is designed to assist communities implement mitigation measures designed to reduce or eliminate long-term risk to people and property from natural hazards and their effects. Applications must be postmarked by October 3, 2005 and due to the involvement of the Emergency Management Department in the recent 2005 hurricanes, the information for the application could not be compiled until recently. Therefore, there is not time to ask for BCC approval of the submittal prior to the deadline and your approval and signature is requested to be followed by after-the-fact approval of the Board of County Commissioners during the October 11 th meeting. There is no cash involved in the match. Your signature is required on page 2 of 8 on the application. Once you have reviewed the applications, please sign and date in the box above and call Jaime Sarbaugh at 530-6281 or me at 774-8971 for pickup. Please let me know if you have any questions. STA TE OF FLORIDA HAZARD MITIGATION GRANT PROGRAM PLANNING APPLICATION Agenda Item No. 16F1 October 11, 2005 Page 4 of 11 THIS SECTION FOR STATE USE ONLY FEMA-_.OR-FL o Standard HMGP o Standard FMA o 5% Initiative Application 0 Application Complete o Initial Submission or 0 Re. Submission Support Documents o Confonns wi State 409 Plan o In Declared Area o Statewide Eligible Applicant o State or Local Government o Private Non-Profit (Tax 10 Received) o Recognized Indian Tribe or Tribal Organization Project Type(s) o Wind o Flood o Other:_ Community NFIP Status: (Check all that apply) o Participating Community 10#: o In Good Standing 0 Non.Particlpating 0 CRS Reviewer Phone#: Reviewer FaX#: Reviewer E-Mail: Date Application Received: State Application 10: State Reviewer: Signature: Date: This application isfor all Federal Emergency Management Agency (FEMA Region IV) Hazard Mitigation Grant Program (HMGP) Planning proposals. Pkase complete ALL sections and provide the documents requested. l/you require technical assistance with this application, please contllct your State Emergency Management Division at (850) 911-5269. APPLICANT INFORMATION J Title I Brief Descriptive Project Summary: Public Outreach Mitiflation PrOl!ram 1. Applicant (Organization): Collier County Emernencv Manal!ement 2. Applicant Type: t8I State or Local Government o Recognized Native American Tribe o Private Non-Profit 3. County: Collier 4. State Legislative District(s): 76 - Dudlev Goodlette (House of ReDresentatives). 37 Burt L. Saunders (Senate) Congressional District(s): 14 - Connie Mack 5. Federal Tax J.D. Number: 56-6000558 6. FIPS Code.: 12021 (.ifyour FIPS code is not known, please fill out FEMA Fonn 9049 (Attachment A) so that the Department may obtain a FIPS code for you) 7. Does the Community have a FEMA approved Local Mitigation Strategy? IfVes, what is the date of approval? January 27. 2005 If No, what is the status of the current LMS? _ 8. National Flood Insurance Program (NFIP) Community Identification Number(this number can be obtained from the FIRM map for your area): 120067 9. NFIP Community Rating System Class Number: 1. . 10. NFIP Last Community Assistance Visit Date: AUl!ust 26. 2003 date offield verifieaitoD 1 Attach any continuations or additional items to this page (Form No. HMGP/planningOOl, Eff. 07/30/05) Page 1 of8 STA TE OF FLORIDA HAZARD MITIGATION GRANT PROGRAM PLANNING APPLICATION Agenda Item No. 16F1 October 11 , 2005 Page 5 of 11 . 11. Point of Contact: [81 Ms. 0 Mr.. 0 Mrs. First Name: Jaime Last Name: Sarbaueh Title: Public Information Coordinatorrrrainine: Officer Street Address: 3301 E. Tamiami Trail City: Naples State: FL Telephone: (239) -774-8000 Zip Code: 34112 Fax: (239) -775-5008 Email Address(ifavailable):iaimesarbaueh(Q).colJiereov.net 12. Application Prepared by: [81 Ms. 0 Mr. 0 Mrs. First Name: Jaime Last Name: Sarbaue:h Title: Public Information Coordinatorrrrainine Officer Telephone: (239) 774-8000 Fax: (239) 775-5008 13. Authorized Applicant Agent (proof of authorization authority required) OMs. I8IMr. DMrs. First Name: James V. Last Name: Mudd Title: Countv Manaeer Telephone: (239) 774-8383 Street Address: 3301 Tamiami Trail East Fax: (239)774-4010 City: NaDles State: FL Zip Code: MIll - Signature: (Authorizea Applicant Agent/Authorized Re resentative) u Date: 'ih~- 14. Attach a letter of endorsement for the project from thecounty's Local Mitigation Strategy Coordinator. Section I. Project Description A. Hazards to be Mitigated I Level of Protection 1. Select the type of hazards the proposed project will mitigate: [81 All Hazards 0 Flood 0 Wind 0 Storm surge 0 Hurricane o Fire 0 Other (list): _ 2. Identify the type of proposed project: o Plan Development. o Risk Assessments o Research and Development o Studies not funded by other Federal Agencies o GIS Improvements [8J Other: Communitv outreach for mitil!ation and education - .Funds will not be provided to update exciting Local Mitigation Strategies. However the development of other plans that supports the Local Mitigation Strategies will be consideredfor funding. 2 Attach any continuations or additional Items to this page (Fonn No. HMGPlPlanningOOI. EfT. 07/30/05) Page 2 of8 Agenda Item No. 16F1 October 11, 2005 Page 6 of 11 .._. Section n. Project Information (Must be Completed in Detail) '-' --, . The State of Florida Mitigation Strategy requires that all planning related projects submitted for mitigation funding be consistent with the community's LMS. the State's Mitigation Plan. and the Disaster Mitigation Act of 2000 and their associated planning requirements. Thefollowing questions address how your project intends to accomplish some of these aspects. 1. Clearly identify and describe the need or problem, provide a detailed description of the proposed project or activity and show how it meets the need or solves the identified problem. Collier County Emergency Management has identified a need to enhance community awareness about disaster mitigation efforts. The department is proposing a project to reach out to construction companies, contractors, hospitals, etc. by providing a workshop featuring a contractor with disaster mitigation expertise to educate on mitigation strategies for new facilities and retrofitting of existing structures. In the wake of Hurricane Katrina, and the fatalities seen from hospitals and retirement homes, Collier County Emergency Management sees the need for such a program to mitigate this type of catastrophy in our similar Gulf Coast community. The department also wishes to reach out to area elementary and middle schools by teaching and providing software to science teachers for hurricane education and mitigation strategies. In this form, we may start hurricane awareness for Collier County residents at a young age that they may grow up with this knowledge about disaster impacts and create an entire generation of informed residents that may apply both personal mitigation strategies and encourage growing community awareness on disaster mitigation. 2. Identify long and short-term tangible benefits of this project coupled with the availability of resources necessary to continue the project. Additionally, identify parties that will benefit from this project,(Ex. County Wide, Statewide or Designated Target Area) Short-term benefit of the project will include education on retrofitting and building of disaster resistant critical facilities and other structures within our community. Long-term benefits will include the operational potential of these critical facilites during and after a disaster. With this, construction companies, contractors, and hospitals will be more knowledgeable about mitigation strategies and be more operational and better able to recover post emergency or disaster. By providing software and education on the software to elementary and middle school teachers, we will allow for hurricane education of students for generations. 3. Clearly describe how the proposed project or activity is consistent with and supports the community's LMS or the State Mitigation Plan activities. (Florida's State Mitigation Plan is located athttp://www.floridadisaster.ondbnn/State- Mitigation-Strategv/State-MitilZation-Strate~.htm) By educating our community on mitigation strategies for building and retrofitting critical facilities, we enhance our community's ability remain operational in the wake of a disaster and better able to deal with any type of catastrophic event. It will allow for a safer community for residents and visitors while allowing recovery to be expedited. By educating our youth on 3 Page 3 of8 Attach any continuations or additional items to this page (Fonn No. HMGPlPlanningOOl. Eft'. 07/30/05) . . Agenda Item No. 16F1 potential disasters and bow to prepare and mitigate for these disasters we enable a safer, dis~rJ~~~bW?~~ community for years to come. 4. Describe the planning process used in the selection ofthi> particular method or approach to solving the problem and why this is the most feasible alternative. Project ideas and initiatives were derived from intiatives proposed through FEMA's Project Impact. We believe tbat by educating area contractors and critical facility leaders we will allow our community to be operational during and after and disaster and by educating our youth on potential disasters we will ensure a disaster resistant community for the future. 5. Identify applicant project match. Match is available through in-kind contributions. Emergency Management staff will provide support time and materials for the project. 6. Describe the applicant(s) experience and ability to perfonn the proposed work. We have successfullly received numerous similar grants and applied them to community mitigation projects. Collier County Emergency Management reaches out to the community in many forms tbrougbout the year including successful hurricane seminar programs, persons witb special needs worksbops, and community disaster exercises. Tie Breaker - Answer the following question: Describe any previous hazard mitigation planning and implementation activities in the community, that you have completed and that supports mitigation planning in the State of Florida. 1300-0007, HMGP Gulfcoast High School 1359-001, HMGP Corkscrew Middle School wind protection 1393-DR-FL, Naples Fire Station Retrofit/Collier Public Safety Sbelter Retrofit 03-SR-77-09-21-01-252 Collier County Citizen Corps 03-CC-96-09-21-01-429 CERT Training 03-CT-95-09-21-01-384 Section ill. Budget/Costs .n this section, provide details of all the estimated costs of the project; do not include contingency costs in the budget. 4 Attach any continuations or additional items to this page Page 4 of8 (Fonn No. HMGPlPlanningOOl, Eff. 07/30/05) Agenda Item No. 16F1 October 11, 2005 Page 8 of 11 A. Materials B. Labor (Include equipment costs-- please indicate all"soft" or in,kind matches) Hours Rate Cost r average C. Fees Paid vanes per m outlet Total Estimated Project Cost $87.000 D. Under A. Materials, B. Labor and C. Fees Paid, provide a detailed justification oneach item where funding is requested. A. Materials _ Administrative supplies will include CD Software copies for area school teachers to educate school age children on local disasters. It will also include paper and ink for flyers, posters, and invitations for workshop. _ Public Information Vehicle is imperative for Collier County to reach all residents of the county because it is such a unique and large community. Collier County encompasses 2,020 square miles including three municipalities, two Indian tribes, and Immokalee, a State of Florida "Front Porch Community" and Federal "Weed and Seed" area. _ Professional Videotaping of the contractor's workshop will allow Emergency Management to disperse the information .n an ongoing basis for persons who were unable to attend the event. B. Labor 5 Attach any continuations or additional items to this page (Fonn No. HMGPlPlanningOOI, Eff. 07/30/05) Page 5 of8 - A professional private contractor with disaster resistant structure experience will be hired. travel, per diem, and technological support costs. - Emergency Management staff support time will include material preparation, scheduling, general labor, documentation, etc. . C. Fees Paid - A large rental facility will be needed to house the contractor's workshop which will need to seat 100+ attendees, have technological equipment and support, facility staff, tables, chairs, etc. - Advertising fees will include fiyers, invitations, and television spot fees to attract a large number to the workshop. Agenda Item No. 16F1 F 'II' Olctob~.r...l1, 2005 ees WI IDC Udt:>~~ of 11 - - 6 Attach any continuations or additional items to this page (Form No. HMGPlPlanningOOl, Eff. 07130/05) Page 6 of8 Agenda Item No. 16F1 October 11, 2005 E. Funding Sources (round figures to the nearest dollar) Page 10 of 11 The l7UlXimum FEMA share/or HMGP projects is 75%. The other 25% can be made up of Local funds as weJl as in-kind services. J Estimated FEMA Share $65.000 Percentage 75% Non-Federal Share Estimated Local Share $- Percentage _% Other Non-Federal Share $22.000 Percentage 25% Estimated Total Project Cost $87.000 Percentage 100% Section IV. Project Milestones/Schedule of Work List the milestones in this project by providing an estimated time-line for the critical activities not to exceed a period of 3 years for performance. (e.g. Data Gathering, Risk Assessment, etc.) 1. Timeline Number of Days to ComDlete .-, rEx., Date Gathering, Risk Assessments etc 14 daysl Contract Ratification and AODroval 60 Days Preparation of materials for school teachers 180 Davs Scheduling of contractor, workshoD l(X:8.l;ions, and invitations 300 Davs Proiect wraP-UD 60 Days Project Closeout 60 Days 2. What is the estimated start date? Sixty days from date grant funds are received. 3. What is the estimated completion date and how was it detennined? 360-500 days from receipt of grant funds dependent on sequencing of school year. -- Attach any continuations or additional Items to this page (Form No. HMGPlPlanning"OOl, Eft'. 07/30(05) Page 7 of8 7 Section V. Maintenance Agenda Item No. 16F1 October 11 , 2005 Page 11 of 11 .e following questions are to give assurance on the plan's maintenance, please answer each question and give a brief explanation. I. Will the Plan be maintained on a regular basis? Projects to continue disaster education to school age children will continue on a yearly basis. Educational and individual project assistance for contractors, builders, critical facilities employees will be available by Collier County Emergency Management as needed or requested. 2. Does the applicant have staff available to maintain the project? If not, how do you plan to obtain the necessary staff? Collier County Emergency Management staffs nine employees year-round who are available to continue and maintain all mitigation projects. 3. What is the estimated cost of maintenance on an annual basis? Maintainence will be minimal. Maintainence will require possible updates and reproduction of CD for schools and Video of Contractor's Workshop. . - 8 Attach any continuations or additional items to this page (Fonn No. HMGPlPlanning001, Eff. 07/30/05) Page 8 of8 Agenda Item No. 16F2 October 11, 2005 Page 1 of 3 ~ EXECUTIVE SUMMARY Recommendation to approve budget amendments for the Isles of Capri Fire & Rescue District for the purchase of equipment for a new fire engine in the amount of $39,900. OBJECTIVE: Board of County Commissioners approval of budget amendments for the Isles of Capri Fire & Rescue District to appropriate $24,700 from the Impact Fees fund (373) reserves and to transfer $15,200 from the operating fund (144) reserves for the purchase of equipment for a new fire engine. CONSIDERATIONS: The Isles of Capri Fire & Rescue District, due to growth, has recently purchased a new fire engine. Additional equipment, at a cost of $39,900, is required to bring the engine into a full service status. Per Robert Zachary, Assistant County Attorney, Impact Fees may be used to purchase the equipment in a percentage proportional to the services that are expanded in order to keep pace with growth. ,.- The total cost of the equipment is $39,900 and the requested $24,700 of impact fee reflects the estimated 62% use resulting from growth. The Isle of Capri Fire District is requesting that the remaining $15,200 be funded from its operating fund reserves. FISCAL IMPACT: Budget amendments are necessary to transfer funds from reserves in both the impact fee fund (373) and operating fund (144) for the purchase of equipment in the amount of $24,700 and $15,200, respectively. Source of funds for this purchase is Impact Fee and Ad Valorum GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve budget amendments for the Isles of Capri Fire & Rescue District to fund the purchase of equipment for a new fire engine. PREPARED BY: Alan McLaughlin, Assistant Fire Chief Isles of Capri Fire & Rescue District .- Agenda Item No 16F2 October 11, 200f, Page 2 01 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS lterm Number: Item Summary: 16F2 Meeting Date: Recommendation tQ appW\I'e budget amendments for the Isles of Capn Fire & RE<!>cue District ft.or th~ purchase or e\3Uipmeflt for a new 'lft; engine in the amoutll of $2,9900 1D/11f2005 9 0000 AM Prepared By Alan fit MeLaughltn Assistant Fire Chief 0". County Manager'li Of1lce llilu of Capri fire Rescue 9/27/2005 5:40:24 PM AI'provcd By Rod RodrlYUIlZ Board afColl1lty Commissioners Firc Chief 0". Is Ills of CaprI FlrQ- Rescuc 9/28/200! 11:19 AM Approved By Oan E, SumtnQre BUfl!'af.l of Emergency Sel'\lj~. DIrector 0""" County Mnnagllr's Offi<:~ Bureau or ElTHtrDfI'ney Servl<:es 9129f2005 8:19 AM API)roved By OMB Coordinator Admlnistrallve A':lsist.ant 0... County M./Inill{J'Qr'li Office OfficI'!- 01' Management Il. Budget 9130/20053:00 PM A I)Provcd By Susan Usher Senior ManagetnflntJBudget Anl:llyst D... County Maniilger', Onlae Office o1'Motnotgament &. Budget tDI-412005 9:.>ll AM Apllroved By MIchael Smytwwslll Mnnagement Ii, Budget Dlrector- 0... County Manl:lgClr'1. 01'l'ioe Offlcll or Managemel1t &. Budg~t 10/4/2D061:53 PM Al'proved By Leo E. OChl#. Jr, DepUty County Manager 0... Board of County CommlsslQnors County Manager's Offic~ 1014110055:49 PM Agenda Item No. 16F2 October 11, 2005 ;,):-HCc UF I~ge 3 of 3 ~.~OUNTY ATTORNEY ITEM NO.: ,.... DATE RECEIVED: 05"- cl1G,-CVO~.b 2005 JUL 26 PH 2: 59 FILE NO.: ROUTED TO: DO NOT WRITE ABOVE THIS SPACE (Orig. 9/89; Rev. 6/97) REQUEST FOR LEGAL SERVICES (please type or print) Date: 7/26/2005 To: Office of the County Attorney, Attn: Robert Zackery From: Emilio Rodrieuez Department: Isles orCapri Fire Rescue Title: Chief Division: Emergency Managment Telephone # (Very ImDortant): 394-8770 Re: Impact fee expenditures (Subject) BACKGROUND OF REQUESTIPROBLEM: (Describe problem and give background information - be soec:ific. concise. and articulate.) Can impact fees be applied to new small equipment to Olltfit a new fire engine which will service an area of new growtb? Yes: { J-o f1,..e. % ~ ~ V L-f>/'Vt ~ a-d ~7 ~ <- kJ i if ~ e. ('v e. T1...e ~Q. (3 J:. ne ~ ~ &r o-t,...) -f-(",.. (Are there documents or other information needed to review this matter? If yes. attach and reference tbis information.) This item haslhas not been previously submitted. (If previously submitted provide County Attorney's Office File No.) ACTION REQUESTED: (Be very specific. Identify exactly what you need in the way of legal services.) Request legal interpretation for expenditure of impact fees for purchasing fire equipment for area of new development. OTHER COMMENTS: c. c-~ 9-/0-05" cc: Dan Summers <6!! requests must be copied to your appropriate Division Head or Constitutional Officer.)- Agenda Item No. 16F3 October 11, 2005 Page 1 of 18 - EXECUTIVE SUMMARY Recommendation to approve Contract 05-3883 "Professional State Lobbyist Services" with The Closure Group, Inc., (J. Keith Arnold and Associates) in the amount of $66.000 annuaUv. OBJECTIVE: To engage a state lobbying firm to provide lobbying services to the State Legislature for the benefit of Collier County. CONSIDERATION: On September 27, 2005, the Board approved agenda item IOD, approving selection of The Closure Group, Inc., (1. Keith Arnold and Associates) to act as a state lobbyist on behalf of the county. At that time, the Board also approved negotiation of a contract with the firm. Negotiations have been completed with the firm, resulting in a contract in the amount of$5,500 per month, or $66,000 annually, which is a cost savings of $6,000 annually from the original proposal. The contract also includes a provision for an annual price adjustment based on the Conswner Price Index (CPI) upon each contract renewal. FISCAL IMPACT: The total cost of the annual contract with The Closure Group, Inc., is $66,000. Funding was approved for lobbying services (state) by the Board of County Commissioners in the FY06 budget. These funds are available in the General Fund (001). ,- GROWTH 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. RECOMMENDATION: That the Board of County Commissioners approves the negotiated contract 05-3883 Professional State Lobbyist Services with The Closure Group. Inc., and authorizes the Chainnan to sign the County Attorney-reviewed contract. Prepared by Debbie Wight, Assistant to the County Manager - nem Number: Item Summny: Meeting Date: Agenda Itern No, 16F3 October 11, 2005 Pa~Je 2 at 18 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16F3 Rt1commendaliorl Ie approve Contract #05-3862 "Professional S~ate LobbYIst SerVlt~es" with The Clos.ure Group Inc (J Keith AJ'!'\old and AssocIates) m the amount of $66;000. annu:aHy 10ft 1 12005 9 00' (lQ AM County ManagQl Oat. Approved By Jarnas V. Mudd Board 01 County CommlslOiomm. County Manager's Off"ice 10/5f20015 2:59 AM Agenda Item No. 16F3 October 11, 2005 Page 3 of 18 SERVICE PROVIDER AGREEMENT Contract OS-JBBJ Professional Stille Lobbyist Services This SERVICE PROVIDER AGREEMENT is made and entered into this _day of ,2005, between the Board of County Commissioners of COLLIER COUNTY, a political subdivision of the STATE OF FLORIDA hereinafter referred to as the "COUNTY" and Closure Group, Inc. whose address is: 14101 River Road, Ft. Myers, FL 33905, 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 has 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 has reviewed the services required pursuant to this Agreement and is qualified, willing and able to provide and perform 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 oftbe following: ARTICLE 1.0 -SCOPE OF SERVICES PROVIDER hereby agrees to provide and perform the Services required as set forth in EXHIBIT "A", entitled "SCOPE OF SERVICES", which is attached hereto and made apart of this Agreement. 1 Agenda Item No. 16F3 October 11, 2005 Page 4 of 18 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 ADDITIONAL 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 COUNlY. ARTICLE 3.0 -OBLIGA nONS 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 oflegal 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 2 Agenda Item No. 16F3 October 11, 2005 Page 5 of 18 accordance with the laws, statutes, ordinances, codes, roJes, 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) Responsibilitv 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 Approval Shall Not Relieve Provider ofResponsibilitv. Neither review, approval, nor acceptance by COUN1Y 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 LIABn..ITY -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, andlor 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, firm, 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 RESPONSmn..ITY 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 3 Agenda Item No. 16F3 October 11, 2005 Page 6 of 18 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 ADDITIONAL SERVICES. Should the COUNTY request the PROVIDER to provide and perfonn professional services under this contract which are not set forth in EXHIBIT" A", the PROVIDER agrees to provide and perfonn such ADDITIONAL SERVICES as may be agreed to in writing by both parties to this Agreement. ADDITIONAL 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 ADDITIONAL SERVICES, unless the parties shall execute a written CHANGE ORDER. Each such CHANGE ORDER shall set forth a description of (I) the Scope of the ADDITIONAL SERVICES requested; (2) the basis of compensation; and (3) the period of time and/or schedule for perfonning and completing the ADDITIONAL SERVICES. ARTICLE 4.0 -COMPENSATION AND MEmOD 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, and/or 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 sixty six thousand dollars ($66,000) 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 tenns for compensation and payment of said ADDITIONAL SERVICES as set forth in Section 3.8. 4.3 MEmOD 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 ofservice(s) and work provided and/or perfonned, and, where appropriate, supportive documentation of charges consistent with the basis of compensation set forth in the Agreement or in CHANGE ORDER(S). 4 Agenda Item No. 16F3 October 11, 2005 Page 7 of 18 (2) Payment 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 TERMlNA TED AT THE CONVENIENCE OF THE COUNTY. In the event oftennination of this Agreement at the convenience of the COUNTY, the COUNTY shall compensate the PROVIDER for: (l) all services performed prior to the effective date of termination; (2) any 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, CANCELLA nON 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 October II, 2005 and ending on October 10, 2006, with the option ofrenewaJ for three (3) additional one (I) year renewals. 5 Agenda Item No. 16F3 October 11, 2005 Page 8 of 18 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 shall 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 ofperfonnance. 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 attributable 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 of the various tasks required to provide, perform and complete all of the 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 MANNER 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 of the 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 PROVIDER 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 6 Agenda Item No. 16F3 October 11, 2005 Page 9 of 18 that result from: (I) 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 and/or 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 injury 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 (0) From claims for injury to or destruction of tangible property including loss or use resulting 7 Agenda Item No. 16F3 October 11, 2005 Page10of18 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 Wlder the requirements of this 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 of this Agreement all such insurance or a self-insurance program as set forth and required herein. 10.2 PROVIDER REQUIRED TO FILE INSURANCE CERTIFlCA TE(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 tbe PROVIDER to submit such certificates and documents within the required time shall be considered cause for the COUNTY to find the PROVIDER in default and tenninate 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 of all such insurance coverage's. (2) All such insurance certificates sball be in a fonn and underwritten by an insurance company(s) acceptable to the COUNTY and licensed in the State of Florida. (3)'Each Certificate of Insurance or self-insurance program documentation shall be submitted to the COUNTY in triplicate. (4) Each Certificate of Insurance shall include the following: (A) Tbe name and type of policy and coverage's provided, 8 Agenda Item No. 16F3 October 11, 2005 Page 11 of 18 (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 (This requirement is excepted for Professional Liability Insurance and for Workers' Compensation Insurance); and (E) Cancellation - Should any of the descn"bed 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 of Insurance 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 COUNTY with such renewal certificate(sj shall be justification for the COUNTY 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 unless a proper State of Florida Certificate of Exemption is provided. 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 of $1 00,000 for each accident, whichever limit is greater, (8) Notice ofCanceUation 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 fonn no more restrictive than the latest edition of the Commercial General Liability Policy filed by the Insurance Services Office and shall include the following: 9 Agenda Item No. 16F3 October 11, 2005 Page 12 of 18 (A) Minimum limits of $500,000 per occurrence and $1,000,000 aggregate for Bodily Injury Liability and a minimum limit of $300,000 for Property Damage Liability, or a minimum combined single limit of$l,ooO,ooo. (B) Contractual coverage applicable to this specific Agreement including any hold harmless and/or 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$loo,ooo per person and $300,000 per accident for Bodily Injury Liability and a minimum limit of$IOO,ooo for Property Damage Liability, or a minimum combined single limit of $1,000,000. (8) Coverage shall include owned vehicles, hired and non-owned vehicles, and employee non- ownership. ARTICLE 12.0 -DUTIES AND OBLIGATIONS IMPOSED ON TIlE 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 shall be the property of the PROVIDER until the PROVIDER has been paid for performing 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 an documents delivered to the COUNTY for reference and internal use. 10 Agenda Item No. 16F3 October 11, 2005 Page 13 of 18 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 oftive (5) years from the date oftennination 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 nomlal 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 purpose 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 -ENTJREAGREEMENT 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 Manll2er's Office 3301 Tamiami Trail East Naples. FL 34112 Attention: Mr. Leo Ochs Fax: 239-774-4010 11 Agenda Item No. 16F3 October 11, 2005 Page 14 of 18 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 shall be made in writing and shall be given by the United States Postal Service or faxed to the following PROVIDER'S address of record: Closure Group, Inc. 14101 River Road, Ft Myers, FL 33905 At1n: 1. Keith Arnold Fax: 850-222-8199 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 termination date and stating the reason(s) for such a request. However, the COUNTY reserves the right to accept, or not accept the termination request submitted by the PROVIDER, and no such termination request submitted by the PROVIDER shall become effective until PROVIDER is notified, in writing, .by the 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, terminate 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 oftbe parties in the space provided. 12 Agenda Item No. 16F3 October 11, 2005 Page 15 of 18 ARTICLE 21.0 - CONFLICT OF INTEREST As a condition of this AGREEMENT, PROVIDER shall provide a list ofany 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 shall 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 fIrm will comply fully with the provisions of this section. ARTICLE 22.0 - SUBJECT TO APPROPRIATION It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. ARTICLE 23.0 . COMPONENT PARTS OF THIS CONTRACT This Contract consists of the attached component parts, all ofwhicb are as fully a part of the contract as if herein set out verbatim: Contractor's Proposal, Insurance Certificate, RFP #05-3883 "Professional State Lobbyist Services" Scope of Services and Addendum! Addenda. 13 Agenda Item No. 16F3 October 11, 2005 Page 16 of 18 IN WITNESS WHEREOF, the parties have executed this Agreement effective the day and year first written above. BY: DATE: (SEAL) BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA ATTEST: Dwight E. Brock, Clerk of Courts BY: Fred W. Coyle, Chainnan DATE: Provider Name: Closure Group, Inc. By: First Witness Signature Typed Title and Name trype/print witness namet Second Witness tTypelprint witness name t APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: Robert N. Zachary, Assistant County Attorney DATE: 14 EXHIBIT A Agenda Item No. 16F3 October 11, 2005 Page17of18 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 state lobbying services. 1.0 PROVIDER shall perform the following services, including but not limited to: . Consult with Board prior to legislative session to determine agenda, · Recommend lobbying efforts in upcoming legislative session to achieve agenda goals, · Monitor and advise Board of legislation scheduled for upcoming legislative session which would affect the County in either a positive or negative manner, and provide lobbying recommendations, · Provide weekly updates during session on issues of importance to Collier County, · Secure sponsorship of bills andlor amendments needed to further the Collier County Agenda, · Work with legislative staff and members to advocate passage of said bills andlor amendments, work with Governor's office during bill review process to advocate final passage of positive legislation or veto of negative legislation, · Monitor agency rule-making process and advise County on action needed to implement legislation in a manner most favorable to the County. 2.0 The County will not be restricted to utilizing, on an exclusive basis, the services of Closure Group, Inc. The County may, at times, need additional specialized lobbying services, which will be solicited on an independent basis. 15 Agenda Item No. 16F3 October 11 , 2005 Page 18 of 18 EXHIBIT B COMPENSATION AND METHOD OF PAYMENT Section 1 BASIC- SER VICEsrr ASK(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 $5,500 per month inclusive of expenses Not to Ex~ $66,000 per year inclusive of expenses Compensation shall be inclusive ofall costs. Payment shall be full compensation for all services, labor, tools, equipment, travel and any other items required for project completion and/or completion of services. The prices quoted on the PROVIDER's Proposal shall remain in effect for a period of one (I) year from the date of award by the Board of County Commissioners. Subsequently, upon the written request of the PROVIDER at the time of renewal, compensation may be adjusted upon based on the Consumer Price Index - South Region, Category "Other Goods and Services" for the immediate twelve (12) month period preceding the renewal date of the Agreement. In no case shall any annual increase exceed the amount of five thousand dollars ($5000). Section 2 ADDITIONAL 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 andlor 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. 16 Agenda Item No. 16H1 October 11, 2005 Page 1 of 3 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS; Pursuant to Resolution No. 99-410, the Board of County Commissioners has 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: Donna Fiala FUNCTION/EVENT: The Friends of the Collier County Museum Wine Tasting Gala PUBLIC PURPOSE: Support the benefit for the Museum's Old Florida Festival & Children's Museum Express _. DATE OF FUNCTION/EVENT: September 27,2005 FISCAL IMPACT: $25.00 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 Donna Fiala to attend function serving a valid public purpose. PREPARED BY: Kathy Highbaugh, Executive Aide to BCC APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: October 11,2005 ,-. Item Number: Item Summ.ry: Meeiing O.te: Agenda Item No. 1GH1 October 11. 2005 Page 2 013 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16H1 Cammi'5~;oner Fiala H!quests Board approval 10: reimbursement fOl ettentiiny a function 'i.erving a valid pUblic purpose. Attend...d The Friends 01 the Collier County Museum If'loa Ta\'>tlrlg Gain on l"u<;sday. September 27, 200:; at Thi! Fresh MarK"t $2~l 00 ic he paid fro~ CommiSSioner r:laias travel t,udget 10/11'20059:0(;:00 AM Execuliva Aide to the Bee Date Prellllrtd By Kathy Hlt;{hbauqh Board or County Comml'S~IQnEln. BCCOfficlt 912;\/20059:36.:31 AM EJ.ecutlve Managor to thl! Bce Date Approved By Sue Filson Board ofC(lunty Commissioners Bee Office 1I-/2812005\U3AM James V. Mudd County Mlmager D... Appnwcd By Btumi 01 County Comnlissioners County Manager's Office 9!2tlJ2005 12:1(; PM Agenda Item No. 16H1 October 11 . 2005 Page 3 of 3 A Taste for .History The Friends of the Collier County Museum Invite you to: A Wine Tasting Gala benefiting the Collier County Museum s Old Florida Festival & Children's Museum Express ____ ______ __n_'" ~.- p' ...._~.- ------.-.-----.-- ---~- " J Agenda Item No. 16H2 October 11, 2005 Page 1 of 4 EXECUTIVE SUMMARY COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has 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: Fred Coyle FUNCTIONIEVENT: NAACP 23rd Annual Freedom Fund Banquet and Silent Auction PUBLIC PURPOSE: To represent Collier County as Commissioner, District 4 <- DA TE OF FUNCTIONIEVENT: 10/15/2005 FISCAL IMPACT: $55.00 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 Fred Coyle to attend function serving a valid public purpose. PREPARED BY: Paula Springs, Executive Aide to Bee APPROVED BY: Sue Filson, Executive Manager to Bec AGENDA DATE: 10/11/2005 _. Agenda Itern No. 16H2 October 11, 2005 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Meeting Date: 1(iH2 Commt,:>!;:o'lt-J Coyle requests Board approval for rEllmtJU1Semenl!or attending a fUnt1ion ser'iing a valid public pUr~%R AtteMed NAP-.CP Freedom Fund Banquet and Silent ll..udion on October 15, 2005 et th<l Elks lodg~~ $55 t.o be oaid from CommlsSloller Coyl(,'s traVf) I pudget 10'11120059:0000 AM Item Number: Item Summary: PrCllared By Paula Springs Board of County COl'llmtsslcmers Eucuflve AldlJ 10 lh~ Bce Dot. Bce amc~ IIIZ6'Z005 1Z:30:4!i PM Aplml\'cd By S.ue FIl50n Board of County Commlsfoioners Ell.lolCUtlVP- Manoger to the Bee 0." Bee Office 9lZlH20OG 9:10 AM ApprO\'ed By James V. Mudd County Manager Date Board of County Commissioners County Maml)/er's Offic(> W2.B/2005 8:09 PM NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE COLLIER COUNTY BRANCH (#5117) ~~. . .". P.O. BOX 990727 NAP~ES, FL~RJDA 34116 (239) 45~-2886 FAX (239) 417-2968 ~# i . .' Emall: presldent@naacpcolhercounty.com J:: i.i.:i. ~'.'~.... .. www.naacpcolliercQuntv.com '~r CP J- ,L . 1 ',\,,,-- ~ ''''>-:. '# FROM CANVAS TO TRUNKS TO HIGHWA YS TO SUCCESS Agenda Item No. 16H2 October 11. 2005 Page 3 of 4 . -' Dear Supporter: For ninety-six years the NAACP has been a champion for equal justice and continues to be connnitted to improving the quality of life for all people. In an effort to continue this critical work the Collier COlnlty Branch is hosting its 23rd Annual Freedom Fund Banquet and Silent Auction. It will be held on Saturday, October 15, 2005 at the lovely Elks Lodge, 3950 Radio Road, Naples, F1orida. There will be open seating, the social hour will be at 5:00 p.m and the program will start at 6:00 p.m This year's dynamic guest speakers will be F1orida's, Afiican- American artists, the 'Highwaymen' who created idyllic, landscape images ofF1orida, and peddled some 100,000 of them from the 1nmks of their cars. You will be spell- botmd by how they painted their way out of the despair awaiting them in the citrus groves and packing houses of I 950s Florida. The 'fftghwaymen' paintings fetch ever-escalating prices and you will have an opportunity to examine and purchase these astonishing paintings! The annual banquet is the principal ftmd raising event of the year. Your much needed support will go a long way in helping the Branch continue to provide and expand the educational programs, youth works, health and other important social programs. This year we have designed several ways for you to make a contnbution. 1) SPONSORSIllPS: There are four levels of sponsorships available: the Diamond at $750; the Silver at $1000; the Gold at $1500, and the Platinum at $2000. Please refer to the enclosed Banquet Reservation Form. 2) AD SOUVENIR BOOKLET: There are several AD sizes. The price of a full page is $200; a half page costs $125; a fourth page costs $75, and either an eighth page AD or a business card AD costs $50. We also offer family and single name options. Please refer to the enclosed Banquet Reservation Form. 3) TICKET SALES: Banquet tickets are only $55 for adults 18 and over and $30 for people tmder 18 years of age. Please refer to the enclosed Banquet Reservation Fol1ll. 4) DONATIONS ONLY (not tickets and donations): Donations can be made to the Collier Cmmty's Back To SchooVStay In School Program. However, in order to qualify as a 501-C-3, the check must be written as foDows, NAACP BTS/SIS Program. 5) AUcnONS ITEMS that will be donated: mail to NAACP Banquet P.O. 990727 Naples, FL 34116 or call for pick up 239-649-4483 or 239- 455-2886. Please review and complete the attached fotnlS that detail your contribution method and mail your check and all forms to: NAACP Collier Colmty Branch Attention: Banquet Chair, P. O. Box 990727, Naples, FL 34116. We must receive your Sponsorship Form and Souvenir Journal Form No Later Than August 31, 1005. Thank you for your support. Sincerely, ~LUtda~ President Agenda Item No. 16H2 October 11. 2005 Page 4 of 4 NAACP BANQUET RESER VA TIONS October 15, 2005 SPONSORSHIPS Please check below for reservations. _PLATINUM $2000 TOTAL_ Includes eight (8) tickets for the banquet, a full-page AD in the Souvenir Journal (the inside front and back covers and the outside back cover will be allotted to the first three Platinum Sponsors), and special recognition at the banquet. _GOLD $1500 TOTAL_ Includes six (6) tickets, a half page AD in the Souvenir Journal and special recognition at the banquet. _SILVER$1000 TOTAL_ Includes four (4) tickets, a half page AD in the Souvenir Journal and special recognition at the banquet. _DIAMOND $750 TOTAL_ Includes two (2) tickets, a quarter page AD in the Souvenir Journal and special recognition at the banquet. For AD sizes refer to Souvenir Journal form. INDIVIDUAL TICKETS ~ Tickets @ $55 each $_ Total _Tickets @ $30 each$_ Combined Total$~ trD Tickets SsIBs: MIlke check psysble: NAACP CoIJJsr County ($66Isdult-$8Olunder 18). Auction Items: MsJltoNAACPBsnqustP.o. Box 990727, Nsp/BB, FL!U116or caR 239-8_ 4488 or 289- 465-2886. _We will Not attend but will make a donation $.. Donations Only!! In order to qualify.. . 601-C-8 Cheoks must be written as follows: NAACP BTS/SIS Program!! Q' IndividuaUOrganlzation/Contact Person Fili: I..:> e b 'iLl. C ,1-1" ill II fl,J I?:,t!.~ ""' 2% rF/t~1 ",6,5 Address/City/State/Zip Code 3?u ( 7lttrllf+rr>1 'TRRo- t:HST t/.w(J~3. h.... 3 tfll;;) " . Telephone Number/Fax Number/Email Address/Date ),59- 771-$)'J 7 ht!.d t.!cy/e-eJ- .(! ell, e-:Jol/,A-f THANK YOU FOR YOUR GENEROUS SUPPORT! Agenda Item No. 16H3 October 11, 2005 Page 1 of 4 EXECUTIVE SUMMARY ,......-. COMMISSIONER REQUEST FOR BOARD APPROVAL FOR PAYMENT TO ATTEND FUNCTION SERVING A VALID PUBLIC PURPOSE OBJECTIVE: For the Board of County Commissioners to declare a valid public purpose for a Commissioner to attend function/event and approve payment by the Clerk. CONSIDERATIONS: Pursuant to Resolution No. 99-410, the Board of County Commissioners has 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 Halas FUNCTION/EVENT: NAACP Annual Freedom Fund Banquet and Silent Auction at the Elks Lodge of Naples PUBLIC PURPOSE: Interact with constituents and community leaders. '- DATE OF FUNCTION/EVENT: October 15,2005 FISCAL IMPACT: $55.00 Funds to be paid from Commissioner's travel budget. RECOMMENDATION: That the Board of County Commissioners, in accordance with Resolution No. 99-410, approve payment by the Clerk for Commissioner to attend function serving a valid public purpose. PREPARED BY: Trisha McPherson APPROVED BY: Sue Filson, Executive Manager to BCC AGENDA DATE: 10/11/05 ,- AgendtJ Item No. 16H3 October 11, 2005 Page 2 o~ 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. Item Summary: 16H3 Meeting Date: CornnH,Slonel Halas requests Board "PPloval for reimbulsement 101 attt'nding a fum.1ion ~erving II valid public purpose Cornmi'Ssion1ilr to attended the NAACP Freedom Fund BanquAI and Silont Auction on Octnbl'lf 1;-:', 2005 ilt the: ElIu; Lodge: $~5 to be poliO trom C.ommissioner Halas' tlavel budget 10/11120059:00'00 AM Prepared By TMshll MePh~r$.on El(ocutiv~ Aide to the BCe Dtlttl Board of County COnlmluloners Bce Office 10/3/ZDOS 4:05:00 PM Approved By SueFllsoo Board of County Commis\>loners. Executive Manager to' the ace Date Bee Office 10/5120068:40 AM AllJlrOvcd By James V. Mudd Board of County CommIssioners county Manager Datf! County Manager'!> Offi<;e HjJ5t2aOS 8:50 AM Agenda Item No. 16H3 October 11, 2005 Page 3 of 4 NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE COLLIER COUNTY BRANCH (#5117) .~:,.f(f.. JW~.~."..'.'" P.O. BOX 990727 NAPLES, FLORIDA 34116 (239) 455.2886 FAX (239) 417.2968 $~ ~ .'"......~. Email: president@naa.cpcolliercounty.com i~.r' JJ,."..~.'1. www.naacDcolhercountv.com '~ NJQl'''. irt ...... '. cR '-9 . . 0 .:e&.-..a if !'![.'~'<,,#' FROM CANVAS TO TRUNKS TO HIGHWAYS TO SUCCESS Dear Supporter: For ninety-six years the NAACP has been a champion for equal justice and continues to be committed to improvi))2 the quality of life for all people. In an effort to continue this critical work the Collier County Branch is hos~ its 23rd Annual Freedom Fund Banquet and Silent Auction. It will be held on Saturday, October 15, 2005 at the lovely ElliS Lodge, 3950 Radio Road, Naples, Florida. There will be open seating, the social hour will be at 5:00 p.m. and the PI'OW'3D1 will start at 6:00 p.rn. This year's dynamic ~est speakers will be Florida's, Mrican American artists, the 'Highwaymen' wbo created idyllic, landscape im~es of Florida, and peddled some 100,000 oftbem from the trunks of their cars. You will be spell- bound by how they painted their way out of the despair awaifin2 them in the citrus woves and packin~ houses of 1950s Florida. Tbe 'Highwaymen' paintin~s fetch ever-escaIatin~ prices and you will have an opportunity to examine and purcbase these astonishing paintings! The annual banquet is the principal fund raisin~ event of the year. Your much ueeded support will ~o a lo~ way in helping the Branch continue to provide and expand the educational programs, youth works, health and other important social p~ms. This year we have des~ed several ways for you to make a contribution. 1) SPONSORSHIPS: There are four levels of sponsorships available: the Diamond at $750; the Silver at $1000; the Gold at $1500, and the Platinum at $2000. Please refer to tbe enclosed Banquet Reservation Form. 2) AD SOUVENIR BOOKLET: There are several AD sizes. The price of a full p~ is $200; a half J>a2C costs $U5; a fourth IJ32e costs $75, and either an c~hth p~e AD or a business card AD costs $50. We also offer family and single name options. Please refer to the enclosed Banquet Reservation Form. 3) TICKET SALES: Banquet tickets are only $55 for adnlfs 18 and over and $30 for people under 18 years of age. Please refer to tbe enclosed Banquet Reservation Form. 4) DONATIONS ONLY (not tickefs and donations): Donations can be made to the Collier County's Back To School/Stay In Scbool Pro~. However, in order to qualify as a 501-C-3, the check must be written as follows, NAACP BTSlSIS Program. S) AUCTIONS ITEMS that will be donated: mail to NAACP Banquet P.O. 990727 Naples, FL 34116 or call for pick up 239-649-4483 or 239- 455-2886. Please review and complete the attached fonns tbat detail your contribution method and mail your check and all forms to: NAACP Collier County Brancb Attention: Banquet Chair, P. O. Box 990727, Naples, FL 34116. We must receive your Sponsorship Form and Souvenir Journal FOnD No Later Than September 16, 2005. Thank you for your support Sincerely, 1Km,~~ President Agenda Item No. 16H3 October 11 , 2005 Page 4 of 4 NAACP BANQUET RESER VA TIONS October 15, 2005 SPONSORSHIPS Please check below for reservations. _PLATINUM $2000 TOTAL_ Includes eight (8) tickets for the banquet, a full-page AD in the Souvenir Journal (the inside front and back covers and the outside back cover will be allotted to the first three Platinum Sponsors), and special recognition at the banquet. _GOLD $1500 TOTAL_ Includes six (6) tickets, a half page AD in the Souvenir Journal and special recognition at the banquet. _SILVER $1000 TOTAL_ Includes four (4) tickets, a half page AD in the Souvenir Journal and special recognition at the banquet. _DIAMOND $750 TOTAL_ Includes two (2) tickets, a quarter page AD in the Souvenir Journal and special recognition at the banquet. For AD sizes refer to Souvenir Journal form. INDIVIDUAL TICKETS Q Tickets @ $55 each $_ Total _Tickets @ $30 each$_ Combined Total$~lQ ,00 Tickets Sales: Make check payable: NAACP Collier County ($551adult-'30Iunder 18). Auction Items: Mai/to NAACP Banquet P.O. Box 990727, Naples, FL 34116 or call239-649-4483 or 239- 455-2886. _We will Not attend but will make a donation $.. Donations Only!! In order to qualify as a 501-0.3 Checks must be written as follows: NAACP BTS/SIS Program!! Individual/organization/ContactpersonCll......Mlc:;<il o.,JlU;( Fc<..F1N'K \r b,P\l'J~ t\AU\S Address/CitylstatelZip Code C () L\... t F ~ Co. G.-,o"J"" Telephone Number/Fax Number/Email Address/Date/7Y -:-~O~ ( f~KAAL~C:;@CO<..U€KG.O\l.(\J e.'T THANK YOU FOR YOUR GENEROUS SUPPORT! Ckeck +0 ~ J~ ~J. Agenda Item No. 1611 October 11 , 2005 Page 1 of 4 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE October 11, 2005 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Districts: 1. Port of the Islands Community Improvement District: Minutes of February 18, 2005; Minutes of Apri129, 2005; Agenda of April 29, 2005; Minutes of May 27,2005; Agenda of May 27,2005; Minutes of June 24, 2005; Agenda of June 24, 2005; Proposed Operating and Debt Service Budget Fiscal Year 2006; Minutes of July 22,2005; and Agenda of July 22, 2005. 2. North Naples Fire Control & Rescue District: Resolution 05-034 Adopting the Final Levy of Ad Valorem Taxes and Impact Fees for Fiscal Year 2005 -2006; Resolution 05-035 Adopting the Final Budgets for the Fiscal Year 2005 - 2006; and Operating, Impact Fee, Inspection Fee, and Final Budgets 2005 - 2006. 3. South Florida Water Management District: Resolution 2005-968 Adopting the Final Budget and Work Plan for Fiscal Year 2005 - 06. 4. Heritage Greens Community Development District: Fiscal Year 2006 Notice of Public Meeting Schedule; Minutes of February 14,2005; Agenda of February 14, 2005; and Resolution 2005-3 Canvassing and Certifying the Results of the Landowners Election of Supervisors. 5. Cedar Hammock Community Development District: Minutes of June 13, 2005; Agenda of June 13,2005; Minutes of July 11,2005; Agenda of July 11,2005; and Proposed Operating Budget Fiscal Year 2006. 6. East Naples Fire Control and Rescue District: Budget of 2005 - 2006; Schedule of Regular Meeting and Workshops Fiscal Year 2005 - 2006; District Map; Five Year Plan; and Audited Financial Statements September 30, 2004. B. Minutes: 1. Conservation Collier Land Acquisition Advisory Committee: Agenda of August 8, 2005; Minutes of August 8, 2005; Agenda of September 12, 2005; and Minutes of August 8, 2005. .,- H:\DA T A \Miscellaneous Correspondence\misc corres 10- I I-05.doc Agenda Item No. 1611 October 11, 2005 Page 2 of 4 2. Pelican Bay Services Division: Agenda of September 7,2005; Agenda of August 3, 2005; and Minutes of August 3, 2005. a) Budget Sub-Committee: Agenda of September 21, 2005; and Minutes of May 18,2005. b) Clam Bay Sub-Committee: Agenda of September 7,2005; Agenda of August 3, 2005; and Minutes of August 3, 2005. 3. Collier County Library Advisory Board: Agenda of August 24, 2005; and Minutes of June 22, 2005. 4. Collier County Hispanic Affairs Advisory Board: Minutes of June 23, 2005; and Agenda of June 23, 2005. 5. Golden Gate M.S.T.U. Advisory Committee: Agenda of September 13, 2005; and Minutes of August 9,2005. 6. Bayshore Beautification M.S.T.U. Advisory Committee: Minutes of August 10,2005; and Agenda of September 14,2005. 7. Development Services Advisory Committee: Agenda of August 3,2005; and Minutes of August 3,2005. 8. Collier County Citizens Corps Advisory Committee: Minutes of August 17,2005; and Agenda of June 15,2005. 9. Radio Road Beautification M.S.T.U.: Minutes of August 16,2005; and Agenda of September 20,2005. 10. Collier County Planning Commission: Agenda of September 15, 2005; and Minutes of August 4,2005. 11. Collier Count v Preservation Board: Agenda of September 21, 2005; and Minutes of August 17,2005. 12. Golden Gate Estates Land Trust Committee: Minutes of May 23,2005; Minutes of March 21, 2005; and Minutes of January 24,2005. 13. Collier County Contractors' Licensinf?: Board: Agenda of September 21, 2005. C. Other: 1. Memo to County Manager from Tom Henning dated September 26, 2005, referencing Golden Gate Library. H:\DAT A\Miscellaneous Correspondence\misc corres 1O-11-05.doc Agenda Item No. 1611 October 11 , 2005 Page 3 of 4 2. Memo to Commissioner Coyle, Commissioner Halas, Commissioner Fiala, and Commissioner Coletta; from Commissioner Henning, dated September 22,2005, referencing UFR List. .- H:\DATA\Miscellaneous Correspondence\misc corres 10-11-05.doc Agenda Item No. 1011 October 11, 2005 Page 4 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: Meeting Date: 1611 MisC(>lianeQu~ item~ to lilfl for rfICord with action IUi QlfPc1tJd 10f11t20a5 ~;I:0o'.ao AM Prepared By 1peJillnie Rodrlj,\ul1l.z Board of County CommisslOllers Admhll&trati\(~ Aide 10 thl!" Bee om. Bce Officl!i 9/30f200511:32:55AM A pprovcd By Sue Filson Board of County Commissioners EJl(!cullve Manager to tile BeC D'''' Bce Office 9f30rZOQ51:11 PM Approved By JlHIWS V. Mudd County M.tnager "",. Bonrd or County Commls&lon~r$- County Manager's Office 9'30,'20053;43 PM Agenda Item No. 16J1 October 11 . 2005 Page 1 of 4 EXECUTIVE SUMMARY ,,- To amend Contract #03-3497, "Auditing Services for Collier County" with KPMG LLP, to include a proposed price of $379,200.00 for the FY -2005 Audit. OBJECTIVE: To amend Contract #03-3497, "Auditing Services for Collier County" with KPMG LLP, to include a proposed price of $379,200.00 for the FY-2005 audit. CONSIDERATIONS: The Collier County Board of County Commissioners entered into Contract #03-3497 with KPMG LLP for auditing services on July 29, 2003. The selection of KPMG LLP was in compliance with the provisions outlined in Chapter 11.45, Florida Statutes. Contract #03-3497 states the agreement for audit services shall be administered on behalf of the County by the Finance and Accounting Department. The contract also states that payments for audits will be based upon prices set forth in the KPMG LLP proposal and as mutually negotiated in writing between the County and KPMG LLP. The FY-2005 audit services base proposal is $345,000.00, and includes seven Federal and State Major Program single audits as defined and required by OMB Circular A-I33 or Chapter 10.550, Rules of the Auditor General. The FY -2005 audit services base proposal of $345,000.00 represents a 4.55% incr~ase over last fiscal year's base. Any Federal and State Major Program audits over the base seven included in the audit services proposal will be provided at a cost of $8,400.00 for Federal and $5,800.00 for State Programs. -- Based upon current estimates of Federal and State grant utilization, an additional two Major Federal Programs and three Major State Program audits will be necessary. Should circumstances warrant more than the estimated five additional Major Program audits the Board of County Commissioners will be informed via Executive Summary. FISCAL IMPACT: The proposed price for FY-2005 base audit services is $345,000.00, plus an estimated $34,200.00 for additional major program audits. The total fiscal impact is $379,200.00. The cost for audit services is annually budgeted in the General Fund, within the cost center "Other General and Administrative Costs". The current amount budgeted is $294,000.00. With approval of this Executive Summary, a budget amendment in the amount of$85,200.00 will be processed from General Fund reserves. GROWTH MANAGEMENT IMP ACT: There is no growth management impact. LEGAL CONSIDERATIONS: There are no legal considerations. RECOMMENDATION: That the Board of County Commissioners approves the price increase and the estimated additional major program audits and the associated budget amendment. -- Prepared by: Derek M. Johnssen, General Accounting Manager, Office of the Clerk of the Circuit Court Item Number: Item Summary: Meeting O.te: Agenda Item No. 16J 1 OCTOber 11, 2005 rage 2 of 4 COLLIER COUI\IY BOARD Of COUNTY COMMISSIONERS 16J1 Recommer>rjatiOr'l to amend Contract #03.3,~9i', ~Allditing Ser....ice$ for Cotiier County" with KPMG U_P, to inciude- III propo$c,d price of $379,200 for thCl FT'-2005 Audit 10/11120059.0000 AM Depul)' County Manoger Dot. Apl)ro,,'ed By leo E.Ocln;,Jl, Bo,ud of C ount)/ Commisiilonen County Manager's Offlc. 10/4/2005 G:05 PM =0 Agenda Item No. 16J 1 October 11, 2005 Page 3 of 4 KPMG LLP Suite 1700 100 North Tampa Street Tampa. FL 33602 Telephone 813 223 1466 Fax 8132293976 Internet www.us.kpmg.com Ms. Crystal KinzeIl Director of Finance Collier County. Florida Court Plaza III 2671 Airport Road, Suite 202 Naples. Florida 34112 September 29, 2005 Dear Crystal: This letter amends our engagement letter dated November 16. 2004 confirming our understanding to provide professional audit services to Collier County, Florida by adding the attached Appendix I in place ofthe section titled "Fees for Services" originally included in our engagement letter. The attached Appendix I lists the services to be rendered and related fees to provide each specified service for the identified time period. Except as specified therein. all provisions of the aforementioned engagement letter remain in effect until either the Board of County Commissioners or we terminate this agreement or mutually agree to the modification of its terms. We shall be pleased to discuss this letter with you at any time. For your convenience in confirming these arrangements, we enclose a copy of this letter. Please sign in the space provided and return the copy to us. Very truly yours, KPMG LLP ~eS'Jr. Partner DMJ :pd ACCEPTED: Collier County, Florida Ms. Crystal Kinzell. Director of Finance Date KPMG lLP, a u.s. limited liability partnership. is the U.S. member firm of KPf\AG IntemaUonal, a Swiss cooperative, mn Agenda Item No. 16J1 October 11, 2005 Page 4 of 4 Appendix I Fees for Services Based upon the terms of our contract dated July 29, 2003, as amended, our fees will be: Audit of financial statements of Collier County, Florida as of and for the year ended September 30, 2005 and up to seven major federal/state fmancial assistance programs as required by OMB Circular A-133 and Chapter 10.550, Rules of the Auditor General $345,000 (additional major programs in excess of the seven will be billed at $8,400 per major federal program and $5,800 per major state project) Other Reports: The reports that we will issue as part of this engagement are as follows: Reoort Fee Reports issued in connection with the audit of the financial statements of each of the Constitutional Officers Report on the financial statements of the Water and Sewer Districts Report on compliance with Florida Statutes Section 29.008 and 29.0085 related to the certified statement of County Funded Court Related Functions Report on agreed upon procedures applied to the Sheriff's investigative funds The above estimates are based on the level of experience of the individuals who will perform the services and include expenses for items such as travel, telephone, po~tage, and typing, printing, and reproduction of financial statements. Circumstances encouniered during the performance of these services that warrant additional time or expense could cause us to be unable to deliver them within the above estimates. We will endeavor to notify you of any such circumstances as they are assessed. Fees for additional services, including research and/or consultation. on special business or financial issues, will be billed separately from the audit fees for professional services set for above, and will be based on the following rates: Senior Partner $291 Manager $238 Senior Associate $160 Associate $106 IRM Manager $258 Agenda Item No. 16K1 October 11, 2005 Page 1 of 4 Executive SUmmary Recommendation to Approve an Agreed Order for Payment of Expert Fees in Connection with Parcel 125 in the Lawsuit Styled Collier County v. G. Herbst, et aL, Case No. 02-5138-CA (Immokalee Road Project #60018). Fiscal Impact: $6,405.00. OBJECTIVE: That the Board of County Commissioners approve an Agreed Order for payment of expert fees incurred in connection with Parcel 125 in the lawsuit styled Collier County v. G. Herbst, et ai., Case No. 02-5138-CA (Immokalee Road Project #60018). CONSIDERATIONS: The County acquired the subject property by depositing the sum of $13,500.00 into the registry of the Court on June 6, 2003; the County and Respondents have negotiated and settled by Stipulated Final Judgment in the amount of $21,500.00 which was approved by the Board on September 13,2005. To conclude this matter, the County is required to pay reasonable expert fees incurred by Respondents in the defense of this matter. . Expert Appraisal Fees: . Expert Engineering Fees: $5,235.00 $1.170.00 TOTAL: $6.405.00 Attached is the proposed Agreed Order. FISCAL IMPACT: Funds in the amount of $6,405.00 are available in the FY 2006 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Agreed Order as to Parcel 125; and 2. Approve the expenditure of funds as stated. PREPARED BY: Heidi F. Ashton, Assistant County Attorney, Office of the County Attorney lt8m Number: Item Summary: Meeting Oa: Agenda Item No. 16K 1 Oct.ober 11, 2005 Page 2 014 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 161<.1 RecommendatIon tD ApprD",e an Agreed Order for ?yment of Expert Fees In Connection with Par(;eI125 In thtl LaW$ult Styled Collier County v. G. Hllmlt, et 81., Call!! No 02.513lJ.. CA (tmmokalee Road Project *'60016), Fiscal Impact: 56,40500. 10/11/20059:00:00 AM D... Prepard By Heidi F. Ashton County Attorney Aullltant County Attorney County Attom.yOtnctt 1/23120089:32:14 AM D... Approved By Eug.ne Calvert 'ran.portlltion. ServtCOl Prtnclplll Project ~naSJ.r Tran.portatlon EnolnOl8rlnlJ and Construction ManagMl.nt '1231200& 10:1. AHI ",I. Approved By Kevin Handrl~k" Trantiporbltlon S"VlceM Right Of Way AcqullllltJon Man.".r Tran.pan-floM Englneertng and Con.trucUon 1(28120088:27 PM Tr.nspOf'tlrUo" Dhrl.lon Admlnllltrator Do.. Approved By Horm E. Fe-dIIr, AICP Tren6partllUon &.r\lloo-. Tra~pl)naNon s.t1tlce. Admin, .(27/200610:17 AM D... Approved B)' 1,.IuTilyior Tr.ntopClrtGtlon 8fIrvltl.' M.an&l<<-mentIBudgat An.ly.t Tran.tportl:tlon Admlni.lratlon 1(27/20061:411 Jl'M A~ounttnv lSuptrvisor Do" Approved By Sh.ron NewmllR TronllparUUon &.rvlce. TranllporUlUon Admlnlttratlon 9127f200~ 3:.44 PM David C. WIH{I4lII ""10 Allflrovcd B)' County Attamey CQunty Attomey County Att.orney Office !l(2D'20o& 2:.411 PM Approved B)' OMB Coordln.'or Cuunty MlIlllI~r'5 O'"c. Adminlt.tr.tlve A..I.tant Do" Office or Managem.m.. Budget IJ/:Jl)/200G,::J5I\M Do.. Approved By 6uun U.her County Man.p', OmC40 Senior ManaO..".j1t1Budgftt Analyst Offlcv of Mllnavemo,nt" &u:lgctt 10/:moo&: 11:27 AM MlehHt Smyll:o~k\ Do" Approved By County Man.O.""' 0"100 Mena941m..n1 & Budget Dlr...lor omce of Mamtgeme.,t.. Budget 10/3/:100511:.43 AM Approved B)' Jame. V. Mudd Board of County Commission.,. County Monag&r Dolo County Manage-r" Oft'iae 10{3raOO& 5:36 PM I I IN THE CIR.CVIT CO'VRT OFTBE T~JUDIClAL cmCUlT IN AND FO.ll CO~J .~ CpVNTY, FLORIDA. . CIVIL ACIjION . I I I I I . I I . I I Case No.: 02-5138-CA i N I Pmtel 0.: 115 I I I .J I AGBE'RP OJnElt ! TSIS CAUSE, having tome before the C~ upon joint motion mi.de by Petitioner, 'COLT .~ COUNTY, PLORlDA. by BIld through iTS undsrsigaed couaae1s and ~, NICHOLAS TSALBS 8JJd BARBARA A. BU~..RO'I'HBNBUHI..BR., by and'tbtougb their . I ~ cOLmSel. for 8'JJtrJ of an AIJ.'*l 0t00r. and. the Coo:rr. beinS fu11y advised in the OI-ZD-:Il5 1D:DUII 'ran-Colll,r County AttQTnll COT T.1'RR. COUNTY, FLOlUDA, a political mbdi\lision of tbl:'l State of Florida. Petitioner, Vi. G. BERBST, et at.. Respondents. pnmllel, it it bcneby O.RDBRED AND ADJUDGED thar +fT40lZ6 Agenda Item No. 16K1 T...J!J8 P 411t9i1fbe,t lJ~ 2005 -V't. Fra'~~3 of 4 , :N7CIiOLAS TSALES and BARBARA. A.. BURNEIT-ROTaBNBU1fi..ER. recei'vo from P=:i er, COLt.IBR COUNlY, FLORIDA, the sum or 0JIe n.-1Il 0... B>Iadted SenDt:y 4 aIId NctI100 ($1.118.00) for ""Binee<in& fees iDcumd in CODJ'lection with PlUCell25; it is further ~:Fijl that :R.e1pOXldeDts., NICHOLAS ad :BARBARA A. BURNEr'I.'. ROTHBNlIURT ~J?, receive flam Ped.Uoncr. CO COUNTY~ FLORJDA. the sum of Fi-n Thoutand Two B~T'ed 'l'1drty..Flva.Dollan 1U1d 5 00 ($5,23!.OO) Wr appraisal fees incurrad in ~on with Pat';~ll2S. it tl!l furtbcr . 41"20-05 IQ:ODIlII ~rarCDIIi.r Count;' AttornlY .7741221 Agenda Item No. 16K1 T-&48 p.nD~J>b~j'lgn.. ORDSRBD thet PetitionCt'. COP .~ CO Thouaacl Four llmadred Fl'fe DoDan and NoI1O ACC?O'DlrI' clo John W. LittLe, m:, Esq~ 250 Sou Ana1lalian Avenue. Suite 1601, West Palm ~ PI.OIUD,A. shall disbut.ss the a1.LlD. of Six DONS AND ORDERED tbia _ day of Rodda. 2005. in Naples) CoWer County.. . CIRCt1.lT COlJRT J'tJDCE c~ copies to: Heidi P. Ashton, BlquiIe 101m W. Little. DI.lisquire B. Glenu Tucker. 'Bsquite =-- JOINT MJN 'lbe Parties, by ai\d through their uadaai stt.=eyl, hrteby move for entry of the faRsiDinl Agreed Order u to Pan::el12.S. DI1Cd: ct }1,loo- f. I tJud: .--- ~~ JOlIN W. LlT1'LE ;ESQUlRE Plc:mda BerNe.: 3 gg . BlUGBAMMOORB. I3.P 250 sOuth Austnli81'l Avecme, Suite lOOt West:Palm Beach, PL 33401 (56l) 832-7862- Telephone (56)) S3~ 7860 .. PaosimilD ATI'ORNBY POR RESpONDBNTS .' &9 HEIDI)", .ASHTON, ESQtJ.OlE Florida Bar No.: 966770 OPFICJ3 OPTHB COUNTY ATroRNEY Hmnaa Tusner Building 3301 But Tamiaml Trail Naples, FL 94112 (239) 714-8400 - Telopbone (239) 774-0225 - Pacsimile ATrO.RNBY roR P'Erl'UONBR Agenda Item No. 16K2 October 11 . 2005 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to Approve a Stipulated Final Judgment as to Parcels 720, 920, 721, 921, 722 and 922 in the Amount of $20,490.00 in the Lawsuit Styled Collier County v. Lord's Way Realty LLC, et al., Case No. 05-1055-CA (South County Regional Water Treatment Plant Reverse Osmosis (RO) Wellfield Expansion to 20-MGD, Project No. 708921). Fiscal Impact: $2,840.00 OBJECTIVE: That the Board of County Commissioners approve a Stipulated Final Judgment in the amount of $20,490.00 for payment of full compensation for the taking of Parcels 720, 920, 721, 921,722 and 922 in the lawsuit styled Collier County v. Lord's Way Realty LLC, et al., Case No. 05-1055-CA (South County Regional Water Treatment Plant Reverse Osmosis (RO) Expansion to 20 MGD Wellfie1d Project, Project No. 708921). CONSIDERATIONS: The County acquired the subject property by entry of an Order of Taking on October 5, 2005. The amount to be deposited in the court registry will be $19,000.00 for Parcels 720, 920, 721, 921, 722 and 922. The County and Respondent have negotiated a settlement of $20,490.00 for full compensation. If the settlement is approved, the County is responsible for the following costs: - . Additional Deposit/Disbursement Amount: . Expert Fees: . Attorney's Fees: . Clerk's Service Fee: TOTAL: $ 1,490.00 To be determined 1,200.00 150.00 $ 2,840.00 Attached is the proposed Stipulated Final Judgment. The Clerk's Finance and Accounting Division has reviewed the information contained in this Executive Swomary. FISCAL IMPACT: Funds in the amount of $2,840.00 are available in the FY 06 budget approved by the Board on September 22, 2005. Source of funds is Water Impact Fees (411). GROWTH MANAGEMENT IMP ACT: None. RECOMl\1ENDATION: That the Board of County Commissioners: 1. Approve the Stipulated Final Judgment; 2. Approve the expenditure of funds as stated; 3. Direct staff to deposit the swo of $1 ,490.00 into the Registry of the Court; and 4. Direct payment of $150 service fee to the Clerk of Court. - PREPARED BY: Heidi F. Ashton, Assistant County Attorney Item Number: Item Summ.ry: MMtlnu o.e.: Agenda Item No. 16K2 Otrober 11, 2005 Pege 2 of 12 COLLIER COUNTI' BOARD OF COUNTY COMMISSIONERS 161<2 RB'col"l'I'n'lnoatlon to Approve! Stlpul.1ed Fln.l Judgment Ii 10 P.rcelfo 720, 920, 721, 921 722 IInd ~22ln 1M Amount of 520,4ijO 00 in the Lawal.llt Styled Colli. I' County v. Lord" Way RliIlty LLC, cl fll Case No. 06w105f>..CA (South County RfI9!onll Wilt.r lr.fltmenl Plant Revlt,&e OIrnD$IS (RO) W,lIfleld Ell:pension ~o 20-MGD, ProJl'd No. 7089211 FII&cl!Illmpaet" $2.840.00 10/11f2005 9 00:00 AM A....I~tant County Attorney "".. Prepared By Heidi F, "'al1loo County Attornoy County Attorney 0ft'IC(l 1/21/200lS 11:1<4:28 AM 0... Approved By Paul M.ttalulo.h Public UallflH WlblrOlr.etor Walar 1/2112001 2:16 PM D." Appnwed By Thomu wtd~. Public Utilities OpCIrlltlons OI,.Olor Public UtUlUel OlMr.t1Ml, 't21120061:3<4AM "".. Appnnoed By Porflrlo E. Goramatg.., P,E, Sr, Proj_Cl Manao.r B/21f200$1D:13 AM Public Uttllttc.... Public Utllltlell Envlnearlnv D... Appnnoed By Roy B, And_non, p,e. Public Ul1l1thtll Public Utilities EnginlHtfing DINelot' Pl,lbllc OUlItltill Englnftwlng 1112"20061:41 PM "".. Appl'OYed B)" J....".. W. CoLony Public Uttlltln PUbHc UtllltlOlla Admlnititulor Publio UlIlItMfI. Admlnl,tr.lIofl t1271'lOD1I3:22 PM ""ta ApJlrond By David C, Wal{lal c.:Qunt~ Attorney Coullty Attorn.y County AUome)/ orno. 912'12005 Z:U PM ""ta Apprond By OMS Coordinator County M.na""r', omu Admlnl,traUnAllllt.nt omoe 01 MaNlltement & BUdget 1130/20061:3& AM ""ta Approved By Mlen..1 Smykl)W6kl County Manager" Oftlce Man.gem.nt & Slld;"1 Director OfflOGl of Ma~gemenl & BUdgot 1013/200611:,2(1 AM ""ta Approved By James V. Mudd 1:I000rd of County Cmnm~..i""er," Cuunty MlJn."., County M411.ger'. om.;lt 101312006 ':00 PM SEP-23-200S(FRI) 10:39 Brenn~n, M~nna & 01~lIona, PL (fAX)239 992 9328 P.OOc/Oll . Agenda Item No. 16K2 October 11, 2005 Page 3 of 12 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLJER COUNTY, FLORIDA CIVIL ACTION COILIER. COUNTY, FLORIDA, as the Governing Body of Collier County and as Ex-Officio Governing Beard of the Collier County Water..sewer District, Petitioner, Case No.: . 05-10SS-CA Parcel Nos.: 720,920, 721. 921, 722 &922 VS. LORD'S WAY REALTY ILC, a F10tida limited liability company, et aI., Respondents. I STIPULATED FINAL JUDGMENT THIS CAUSE having come before tbe Coun upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and t11J:ough the undefs;gned cOU.D.sel, and Respondent, LORD'S WAY REALTY ILC, a Plorida limited liability company, by and through its undersignccl counsel, for entry of a Stipulated Final Judgment as to Parcels 720, 920, 721,921,722 and 922, and it appearing to the Court that the parties are authorized to make such Motion, the Court 'finding that the compensation to be paid by Petitioner. COLLTER COUNTY, FLORIDA, is the fun compensation due Respondent. LORD'S WAY REALTY LLC, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND.ADruDGED that Respondent, LORD'S WAY REALTY LLC, have and recover from Petitioner, COLLlER COUNlY. FLORIDA, the sum of 'rwenty Thousand FOUl" Hundred Ninety DoJIan and No/lOO ($20,490.0<<)) for Parcels 720, 920, 721, 921, 722 and 922 as full payment for the propcny interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and [or all other damages in connection with said parcels; it is further SEP-23-2005(FRI) 10: 39 Brennan. Mtlnnll & Diamond. PL (FAX)239 992 9328 P.003/011 Agenda Item No. 16K2 October 11, 2005 Page 4 of 12 ORDERED that Respondent, LORD'S WAY REALTY u..c, receive from Petitioner, COlrY TP:R COUNTY~ FLORIDA. the sum of Oue Thousand Two Hundred Dollars No/IOO ($1,200.00) for reasonable attorney fees for Parcels 7'20, 920, 721, 921,722 and 922; it is further ORDERED that no additional costs or fees shall be awarded in this action; it is further ORDERED that Petitioner, COu..J.ER COUNTY, FLORIDA, has previously deposited the amount of NinDf.oen Tbo1lS8Dd Dollars and No/lOO ($19,000.00) into the registry of the Clerk of the Circuit Court toward the acquisition of Parcels 720, 920, 721, 921, 722 and 922 at which time title .to said puccI& as described in Exhibit "A" vesLed in the name of Petitioner; it is further ORDERED that Petitioner, COUJBR COUNTY, FLORIDA. shall deposit tile sum of Ono Thousand Four Hundred Ninety Donars and No/100 ($1,4.00.00) into the Court Registry within thirty clays of this Stipulated Final Judgment; it 5 further ORDBRBD that disbursement of the funds on deposit shall be by further order of this Court; it is further ORDBR.BD that within thirty (30) days of receipt by Petilioner of the Stipulated Pinal Judgmententerc:d by the Court, Pelilioner, COJ...I.JER COUNTY, PLOlUDA, shall disburse the total amount of One ThoUS8Dd Two Hundred Dollars. ad No/IOO ($1,200.00) to Scott W. Duval, Esquire, B1'C1lJ18D, Manna & Diamond, P.L., 3301 Bonita Beach R.oad, Suite 202, Bonita Springs, F.L 34134 for reasonable attorney fees; it is further ORDERED that title to Parcels 720, 920. 721, 921. 722 and 922. utility easements and temporary construction. casements, being fulJy described in Exhibit "An fLttacbc:d hereto and incorporated hC.l'einr which vested in Petitioner, COLLIER COUNTY, FLORIDA, pursuant to the Order of Taking dated October S, 2005, and Lhe deposit of money heretofore made, arc approved, ratified. and confinnc:d; it is further ORDElUID that this Court reserves jurisdiction to award attorney's fees and costs for supplemental proceedings, if any; it is further SEP-23-~005(FRI) 10:39 Brennan. Manna & Dlollond. PL (FAX)239 992 9328 P.004/011 Agenda Item No. 16K2 October 11 , 2005 Page 5 of 12 ORDERED that this Court reserves jurisdiction to enforce the tcons of this Stipulated Final Judgment; it is funher ORDBR.ED that this Stipulated Final Judgment is subjcct [0 review and approval by the Board of County Commissioners of CoUier County; it s further ORDERED that the Notice of Lis Pendens filed in this cause and recorded in Official . Record Book 3828, Page 3633. of the Public Records of Collier County. Florida be dismissed as to Parccls 720, 920,721.921. 722 cmd 922; it is further ORDERED that this Stipulntcd Fmalludgment is to bc recorded in the Official Records of Collier County. F1orida~ it is then:fore DONE AND ORDERBD in Chambers at Naples, Collier County. Florida.. this day of . 2005. CIRCUIT COURT JUDGE Conformed copies to: Heidi F. Ashton, Esquire Scott W. Duval. Esquire Kevin Hcndric~ Tmnsportation Acquisition Bookkeeping Service List JOINT MOTION FOR STIPULATED IrJNAL JUDGMENT The Partics hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Finalludgment as to Parcels 7ZO, 920, 721.921.722 and 922. Dated: 1ft-) ~ r- , . Dated: ~- ,~~ SCOTI w. DUV ALt ESQUIRE Florida Bar No.: 0425885 BRENNAN. MANNA & DIAMOND. PL. 3301 Bonita Beach Road, Suite 202 Bonita Springs, Florida 34134 (239) 992-6578 - Telephone ATTORNEY FOR RESPONDENT ~ . HEIDI F. ASHTON, ESQUIRE Florida Bur No.~ 0966770 OFFICE OF THE COUNTY AITORNEY Harmon Thmcr Building 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - PBCSimile ATTORNEY FOR PETITIONER SEP-23-200S(FRI) 10:39 Brennan. Manna & Diamond. PL (FRX)239 992 9328 P,005/011 Agenda Item No. 16K2 October 11, 2005 Page 6 of 12 SERVICE LIST . Collier County v. Lord's Way Realty, LLC, et al. ~CELS 720. 920. 721. 921. '722 & 922 Lord's Way Really LLC . cia Scott W. Daval, Esquire BRENNAN MANNA & DIAMOND. P.L. 3301 Bonita Beach Roud. Suite 202 Bonita Springs, FL 34134 Vision & Paith, Inc. c/o Brian P. Patchen, Esquire :EAR.l..E & PATeHEN'. P.A 1000 Brickell Avenue Suire 1112 Miami, FL 331:31 AmSouth Bank 606 Bald Eagle Drive, Suite 201 Marco Island, F.L 34145 Collier County Tux Collector c/o E. Olenn Tucker, Esq. RHODES. TUCKER &. GARRETSON .P. O. Box 887 Marco Island, FL 34146 Collier County Watcl'.Scwer Distdct clo Thomas C. Palmer. As..~ist.nnt County AttonlCY OF'FTCE OFTl-lE COUNTY ATI'ORNEY Harmon Turner Building 3301 East Tamiru:ni Trail Naples. FL 34112 Florida Power & Light Company c/o Baan R. Brattcbo, Esquire MJri(l.m C. GaJ1:i~ 'Par~lega.l 9250 W. Flagler Srrcct Miami. FL 33174 Time Warner. Inc. CT Corporation System. Registered Agent 1200 S. l)inc lslandRoad Plantation, FL 33324 Sprint-Florida, Incorporated Coq:Jomte Service Company, Registered Agent 1201 Hays St. Tallahassee, FL 32301 First Assembly of God of Naples, Florida. Inc. c/o Pastor David Mallory 3805 The Lord's Way Nllples. FL34l14 (FFlX)239 992 9328 P.006/011 'Agenda Item No. 16K2 . Octo!;le( 11, 2005 Page 7 of 12 SEP-23-200S(FRI) 10:39 Brennan. Hanna & Diamond. PL . EXH f 8 f'T- ..A.. pag..:!:5-af ~ PRpJECT 70 .g 'i l~ I . PARCEL 7 ~~ FOLIO ~o~ 1'7f '5:Z O(;)oa - SKETCH. DESCRIP'l'ION OF' A 30' TEMPORARY' CONSTRUCTION EASEJlENT IN '!liE NE 1/'+ OF 11-fE SW 1/4 Of' SECllON 14, lWP 50 S. , RQE :zs E. 9QWER COUNTY, FLOR!DA '. I . PROPOSED 2'3' : . . U'IlU'TY rASEl.feNT ca'(H uHE: Of" iHl Yj 1/2 lJIl' THE HCR1H UN! OF 1Jo1t. ~ 1/2 OF 11-1E JJ! ,... "!HE 1 ~ HE 1/4 OF 11i~ sw 1/4 LJ, _ . . . ,_ ~~~ - DiSilNG RC,.-r:AHD U1\U'iY ~T o:R: ~ l:s6~/1"2Sl , NH7'~~-! OGlI.~ PAg. NR .. . . Jg ~ ' a ~ '~:S'" . 2~ . p Sf '.P.ad.. R/W -:- ~ -:- -:- -~ '~ SPm2'a4,W' :DUO"? w ~. i ~EMENT ~ '""" '. , :e -!li.:t.. ~F!=- . . , i w.J. '3I:~i ~!5,~ .... ~~ ,~b}5 b~~ i;' i; I . !!is.. W 1/2 OF lHC: E'1/2. OF'1HE . ~:: l; ", . ~11l ~Lo.I~ . NE 1/+ OF' THE SW.1/4; ~~ 8 ~~ : ::I~.:t FOU N'Q' 3 -. .% . m~ :,' ~~; " 00418~:lDOOO' , L~5! . . . ::::- . . \ ~..tL.-F1.OIIIIM fSQWER 4( UGHT Co. , \II . -r' . R/W .. RIOHT-aF'-IYAY . C:Jt. - CFflaN. RECORDG DOCl</PAGE: P .aJl..:.pCINT OF BtGINHINC P.o.c:.-PClINT OF C~COdiNT ~-:UDU7Y . f l . . 2.o.C. w 'CCfUol!:R. )f' s=nON :4 SDU'I11 LINE S!CiIDH 14 fS'!11lI"ON aV A 3G-Ft)OT S'1lVP OF lJ,N) L~' IN lHE weR' 1/2 OF lHE EAsr 1;2 OF jJii NOR'JloI%AST'1/of elF .... sclJnler 1/~ 01' S~ '4. nMlISHIP.50 SOU1l(.1WIGt 28 ~ ClOWER COUNTY. I'LORIDA:. '. ~ENaNO AT * SOII'IliYGT CORtG OF SAlEJ SECTION' 14. nENQt 'rwH' NI7"JO'03"e:. A DfSTANc:E OF {:,:s37.0.f. . Eil' Al.CNG '!HE S11J1H UNE 01 sw ~ TmKCE RUM .NOO"~n:. A DISTANce: ~ 2ClaO.7D flEET AI..OHII . Ii! WESi' UN~ OF 'IH! !A:;r 1/2 ar 1HE. Sl:lU'tl'IwmT 1/4; lH!NCI: RtiH NSl'UQ.4."t 'A DIS'I'ANC1i: OF' GSUiO m:r UItolC. A LINE 1!iIrT RClHS PMAWL TO K Nalt'lll UN!. OF lHt NOR'lHEAsT 1/4 QF' 1'I1t SCU'tHw=rr. 1/.+ TO 1HE CIHT OF atalNl'INO: 111ENCE:'CCHTJHUE Nlrn2'o:+"!. A DISTANCE. OF.3:s4.:JQ FEr ALONe X COlJ'1H 1JNi' CIF" A 0Ab ANI:l 111IJT'l".EASIilfE)lt AS RECORI:IIi.ll IN CI'P1ClAt. R!CCRDS BOOk 13lla. PAGE 14281 PU8UC RCCCRDS, 01" ' ClU.IER CClJH1Y. FL(RIDA,. SAID IN: RVNNIl'lG ~ FEr SCImi Of (AS WASURED AT RICHT ANCLES). . AND AR,4U.IL 'n)o'K HQRlH UNE OF lHI WEST 112.DF nE E'AS]' lI:l.~OF '/HE NOR'IHEo\5T 1A DV'THE SOU'lH\\EST '4; 1lIENCIt,IWH SDCr4I.""", A lJl$TANCE'DF 3lI.D1 FiET'Al.CNG 1}j! EAST- LJI! (F SAID \leST 112 0'11HE 1!'A.!rr' 12. ~ 't11l!: NCR1H!AST V04- OF "!Hi SClUTIM'EST 1/04; :n-IENCf: RIJN ~"W. " ClIS1"ANCl!: OF 3M.3O FiET ~CI A 'UNE lKAT IS PAiUlJ.m. 10 ~. HClR1H UN!; 'niEHCE RUN NCCI"....0'I.t, A plS'TANl:E OF :SO.Cl5 FEET LONG 'lH! \GI' UNE OF s'AJD 9rUT 1/2 OF '!He u.::r 1/1. 01' 'rHE NO/nHE:A!T 1/4 Of' '1Ht S01J1HWEST V4. TO ~~TQF,~~, . . :JPrT'AHNct 1?i~; S9UAAE FEr OR o~ A~ WIE QR LESS. , 'J ' ~:.. ' or:--" .', . . ,tLmz::. . .'"t t1. ~ ' 'THE IWtctL BE:ARlN~ OIST~ AND NlEAS ,.. -." , .. c.w::uLAlED AAl 8ASE1f ON A FIS.D SULM:l' OF' , No ~~...!'~"'~$ SEC'WCII14. !lAiIS OF BEAR/NQ STAlE PLAHi: )RIM -LlCENSE~.c.,lI' . ~11 sm!M. R.A. E'AST ZtlNE'. '131'IJO, : S ~f,.YI. ~ , :2ClO4t" :rHIS..rS'~NO:r~A ,SURVEY. . , 'EFFREY':- C~:'COONER ~IANDi."A-ssooa lES. INC. . ' SUR~Q' NID Mr\PPlNC' , . : 3800 CSLCNlAL..Bl.lJIX;'SUItE~. PORT M'l'ERS;. ~ 35912 ' . PAON~;(%'m)2n-0722 "F~ ~Z38)Z77";'711'._EMA'I.: SURVDINOlICClONErtCOM ~n' GRaU:'l" AIUl, ~.' ll.C DRA\'IN' 'BY:. . ~w .Ct:lECI(EO- BYl. ' . J.~". ~CEL .CESCRlPnCN: O;&;re '11'/3104' 'SCALE: 1--10' . REV: 10/2OlC4 P. CDNSmUC1IOH ~ IN 'DE . V4 OF K SW 1 ... OF .sue 14-5D-2B PRO.ECT No: QZOIl.Ol Dwe Na:SGl+T-AE('tCl' SHEI!T: 1 OF 1 '. '. SEP-23-200S(FRI) 10:39 Brennan. Manna & Diamond. PL (FRX)239 992 9328 p, 007/01 1 . Agenda Item No. 16K2 October 11 ; 2005 Page 8 of 12 'EXHIBIT--e- PagQ~of ..J5:L. PROJECT 7()(fy:l.) PA'RCEL q ~ () FOLIO 00""1 /'l3 ':1.000(;> , . SKETCH AND D~8CR1PT'ON 0;' .A. 20' UTlU'iY JUSBJOlNT . IN THE NE 1/4 OF ,1HE SW 1/+ a=' SEl;1lON 14. lWP 50 S. ROE 28 E. C04J~ COUNlY. fLQRIOA NCRlH UN!:.or "lHi W 1/2. OF 1Hlt E,2tlF"HE .~~ ~SW'4 I . . . . ........ N<<i U1IU1"1' ~ENT ~ C.R. 1:5lS0/loW ~~ . ~. tl~.E . tl8UI~ .. =-=-~.'" _ sant04-"W., '" ~. - ,. ~ ~ e a ~ :r , g , .1; ~ ~ '~l!s . '~S~ ~S~', b"'~ l!J",b '. ~~~, !l.t'~$. W',/2. OF THE E 1/2 ,OF 11-11:: NE ::&b~~ :;'15Yl~, 1(4 a;" 11'11:: SW 1/4 " lii~wi liiNIII-, FeUD NO,: I ~-o:: ~~F=~ D' .D041~OCOO. " l,' ) F"..Ir:I.-F\.OiClDA POWER ~ UGIHT co.. ~ R/tI ~ A1GKT-oF-WA.'l' Q.R, - aFFIaAI.. ~ BaolC/PACE P.C.8.-PctIT OF _NO P.c.c.~T OF CllNENT " . ~~~~'~ "- 54, 1 . tEl. 1Il.:t, ~ ~m fJJ l; ~ '.c.c. ' . i ~ i!J '"" c:aHR, 'Iii H . . 'JF ,SEC'I'ION' ~ .... 1+. ':'" IiCVIH l.INE SEC:'Il~ t... , " 1~~j1rw oF A 2l)oofDgT smlP 0, LANI) t'dNO IN -ntE far 1/;& OF THE ~ 1/2: OI"'~ N~ ;/4',CJfI' . 'l'li .scu1H~ 1/+ OF SECtTct<I ,... ~p :la, squ'IH, ~ u I!:A:rT, COIJ.JER COUNTY, FltJRlDA: . .. . . .' :Ot.tMEHelNt; AT iHE SOu'lTtM:sT CORNER l:F SAID SEctiON 1'" 'lMI':NCE RWf'N87'38'a3"E. A. DISTANCE CF ~~.a4 mr ALCNC K soum I.INE 01 3MJ SEC11DN; 1HENCe IlUN.,NDCI"~. A DISrNICII: ,Of' 2llIlCl.1I FEET ~" '. tit Msr UME r1F mlt EAS'f Va OF 1HE sau:lHWEST 1/.'" 'lMiHCE RUH N,rr:s2'04.E, A DISTANCE Of' ClllUO F1!ET oLOHG " UN&: '!HAT RUNS PA/W.1A 1'0 THE NOR'111 LINE Cfl' 'lHlt"NOR'IJoI!AST '/4 aF THE Sl;1U'IHWEST, 11.4 10 'I1i! DINT CF.BEGlHNIHG; 1llENCE: RUN HOO....D1"E: 'A DISTANCE Qf' 2D.03 .FEEt"'AtDH8 'M: WEST UNit OF sAiD \\iST ' 12 OF 1HE FAST 1/2 OF 'Ill! NClR'/loDST, V+ QP' 1HE SCU1HWilST 1/4; 1JoIENCE RUllI HI'1"J2.'D4"f!, A DISTANCI! OF- 34.30 PEET ALONC Jo. LJNE RUNNINll',O PEEr SOU1H OF CAS MtASUAm AT liGHT ANOLES). AND PARAW!L'TO. '!HE OR11of UNE OP SAID WliST 1/:l CJl'. 'tHE ~?/% OF H NORlHEAST V. JJF 'mE ~ '14; 'fI"'CI!.' RUN 00'4"<<"W. It. DISTANCE at ~' fUT' _II M !:A$T UN! OF IMlD WESr U2 QF 1HEZ EGT 1/2 OF 'IHE ' CR1l:fEAST "... OF 'niE SCU1HWEST 1/4t 1HE)jC( RUN 687"32'0.,'''", It DISTANlX OF' 3304.30 FEE1' ALCND'1HE ou,,. LINE or II ':ID-FODT RQ'AI) MD U1IUT'l' rASaCENT M RECCIRQED IN OFRaAL RECaRDS 80CIC 1;SO. JaAOl: 128, P'UQUC RECOftD$ IF Cll.l.lr.ft CClUlflY. I'I.QRlQA, SAID LINE RUNNING 30 FEr SOU1H, Of' eM MEASURED AT I~HT A!fau::r.) ,NfD p~ TO, ~ HqR'IH urc ~ TO 'ft!l ,POINT QF ~mNNI~c:. , .' . CNTAlNINla 1,'.1. 'SQ!JMII" FEET' ~ P.1G ~r:r~ WCRl!: OR utsS. , i' :.:....~.:./ t ' , . ' m...w:a..~p. ~ANCEI. AND Aft!AS' '" ~-~ . . Co\t.CLJ1A'T!Zl ~'BJo.SI!D QIII.A F1ELD SURVEY OF .t:l, ''MIJGSoN.CFaR 1HE FIRhC ~ : , SEC1lCSH.,.... 'IlMm afl'DG'ARINOI STATE PLANt OHAr.. 'SIJA1/I"tCR AND NAJlPIiR COCIIOIHATE'sme:t.!; FLA. !4ST' zotC 'urea. ~~or-~t03.., I. '., .1HIS:.IS~Nev:'A~Sl:lRVE.Y",~ .. , E'f:0= CODNER~ 'AHD.~ ASSOClt(. 'INC- . .: ; iclRWiNl) AND MAPPING ' - . .' DDQ1:CQtDNIAI.'.St.W.. SUI1Il, ~. FORT ~.;A.ilRll:I^':.33I'.z . . . ~.,l'(~)277-072.2 F~ .C2>>)m";;',178. EMAA:::siJRVhlNGGCOClNER.cOW E:NT: 0R!rU'I' ANl.I:1:f~_ u,c' . DRAW BY:' ;INW , CHECKED EM .t.H.w., ~~~ 'lH1:: 'HE.1/+ DATEI I/:fIG4 SCAI.a 1--10' REV: 10/2.0/1:14 tHe: sw, ~ sa: '....50-21 . . 'PRDol!CT" Nm a2OJIll1 DwrJ NCI:SCCMT-A!(Plll) SHEET~ 1 CF , . -I - , ., " SEP-~3-~005(FRI) 10:40 Brennan, Manna & Diamond, PL (FAX)239 992 9328 P.008/011 Agenda Item No. 16K2 October 11.. 2005 Page 9 of 12 t EXH I BJT ....a. ~ag..:!:!Lof.:!50.... PROJECT 1tJ ~t:j 21 PARCEL 7 2. , FOLIO ooq l"q6A~l:> SKETCH mD DESCRIPTION OF A.I 80' TEMPORA.BY:'CONST1JUCTION. EASEIlENT 1N 1HE l'll:: 1/+ OF l11E SW 1/4 rF SECl10H 14, 'TWP 50 S. RGE 2fi E:. COWER COUNTY. FLORIDA . ' , , StlU1H Uft!:, samcN 14 , ' , , , m;l'!RllJn~ OF' A 'JO-nIOT SlRIP (E I.N<<J l."tINC IN '!ME: W'!'1/t OF 1Hf EAST 1/2 Df lHE NOImIEAST 1/4 Of" n<< ~ V'" OF ,SEC'TlO/II '4, ~ 50 SClU'I1;I. RANOE' 2G ~. c:owER CCll.MY, fLClRlDk :ot.llolEHelNO'AT 'THE SClU1llIWsr. caRtG OF SAJQ"SEC'l1CN '4,,1HEHCli RUN H~' A DISTANCE OF. 1,337.94 'EET ~OHG H sounf tINE or :lAID SEC1IOflf: 1HENCE RuN NCKI"~ A DlSTN\CC OF 2SIIC,n FIitT Al.DHO !HE" esT 'UHi ClF 'IHI: CA$T 1/2 QP' 'I'lC'sDllnnar 1/4; 1H!NCIt RUN Nam'V4~ ). DI$T~ OP UIOZ.iCl FEET W)NG A UN! '!fiAT RUNS PWu.a. ,TO THe HORlH UN!!: DE' 'DiE ,HDR'D'iIiAST V'" OF lHf; StlU1H1lltST 1/+ 'TO 1HE 'OINT W BECINNINC: '1t1I;HCE: CONTlNl1t N87"!2'a~ A' lISTANCE OF:1!14.DCl FEET ALONd '1Ht SC1I'IH I.lrC OF It. IOM:l 'AND tmlJ1Y tAS:a.leNr AS RECORtII!D'.1N 0FFICtAL RECCROS 8CCIIC' 1~ PAGP.; a=. PUBUC RIt'COROS 01" :Clt+/ER COUNlY. FUlRlD~ SAID 1M! IIliNItNO 30 PD:r IOU"lH 'OF' (AS WASllltlD AT RIGHT MetES). AND IAMWEL.W; mE HelnH UN! Cf" 1M!!: EAST 1/2 OF 'lH! EAST,/2 CIF' 1H~ NClR1H~ 1/'" Off nolE SOU'IHET I+. THENCE /WN SlllT0W27"W, A DISTANCE OF 3C1.C15 ~ 1HENCE RUN S8T.5:l'O~"t A DIS'WoICe OF ,,...m Jrmi:r \LONG A UtIE 'lKAT IS PAllAlU1. Tel SAlQ NomH I.N!': THENCE Rlm NQC.q....."t. A PlSTANCZ OF' ~Illl P!!:I' ILOHG tHE \WST LJiE Off SAID E:AST.'/.Z DF' 1lfE: '/tAST 1/2 OF lHE NaR'IHEASTV4 OF THe: SOlmiW!S'l'- 1/4. '11:l 'HE.J:'OM' OF:.~~ . ' , , ' ' . . '!'tiT~rN~G:q: SQUARE F!tT' Olt' Co11 ACIa. ~. ?R LESs. 'r,:.'. - . " 1iIIDEl' .' .,'" ' :- ':,.:: H'flARCa. aWING. DISTANCES, #tHO MlrAS ' . '"1:..;":':'.. fI1 CN.CULATEI) ARE' 8ASED ON A. l'ELD :lUR\1!Y OF ~~ ~ ~rm) BnClN ,.... BASIS CF EARlNCl crAm' Pl.AHi ORIHA UCEN~ H~ lS...o481S '~1E !M'1!M. FLA. ~ ZON!. '83/,80. :11 ~~'f.'OF~, ~ , ,_ lHIS,..JS.. NOT .A..SI:JRVEY " , , . '&r."' '.~. CE)GNER~':ANE):'ASSOCfA1ES. I~ , SURVE'l'IN~, AND ...AJlPtNG " . ':J9QO' C:P~IAI.' 8t.\ID-.. sum: +. FMf \MRS,.F1.OBIDA 33912 . ,p ONa..(23D)277-q722 'P'AKl: :CU8):z'U-7l7. ~. S~RvE'YlNO<<jOONER.caY , 1EJiT: ~ AND IiANSI7f. ~ ' . f]RI\WN BY: .....w CHECKED BY: JJ1.w. ;/iCE!. DacRlP'nON:~ ' . . 'DA.m' 8~M"- "~L 1"'MftJlot.c. .p, COIIISTRUO'I1CI ~I!NT IN THI!: : ,..,.",.. ","Yo "'-f," 1 ... ,OF 1HE' ..114 OF SE:c 14-5o..m 'PRO.ECT No:. 020801 ' Slof!ET: 1 OF' 1 , '. . " SEP-23-Z00S(fRI) 10:40 Brenn~n. "'ann~ & D1~lOond. PL (fRX)239 99Z ',EXHrBIT~ pago~ar~, PROJECT 7,,~~ ~I PARCEL c;:2. I , F OL IO t:J (HI I b (if... at::C- (",. SKETCH AND DESCRIPTZON or A 20~' UT1Ll7"Y EASEMENT IN 'THE: NE 1/4- OF mE SW """ OF' SECllON "4, iWP SO 5, RBI!; 26, Eo COWER COUN1Y. I=1..ORlCA Naknt ~ r:F 1Ht . NE 1/+ OF 11~1t SW 1/4 2 NsT3Z04"E 'b' - -:- - ~ ' EXlST1folQ 'ROAD AI\I) U'11JT'l' E'.ASfM!"IT, I? O.H. 1433/11lS5 N;i.'l2'o~~ 1'.0. . O4"W'. ' ' , " , ': tl. , , !' III " ~d S...~'l; ~.P.8cL.... R/W g to{ , , ~~ III EASEMENT ~ '" * ' S..,.:t ~ di' i I wF- · ~g . = ~5: ' ~ es 8;. '. , ,l!sS~ , , ~ 15.:; , l!sS~" 'W 1/2 Of"lfIf E 1/2 'OF iHE' ~:~ . jlJ !II ~1II1!s ~ ,NE 1/4- OF' lHE SW 1/4', ~r:::~ ',' J ~ ~ ' , ~ !l!....._~ ~, 'C'-NO..' '., 11I1; ~ '. . t-P..=-~ ~ ,1ii~'_J. ~.. r....... l , ' ;; SEt:iiOH ~ ~.: a,~ ~ oo...~ 6Sl6QOOI3,' ~ :." . ~.,,;. w. _ UE S:;;.. !:.~~..- ~ . .. 11...... D.R. - CII'JI1QAL R!CCll'WS 800KA'AOi P.o..a.-POlHT 01"' sc;GlNtlNo ' " I".o.c.-PQNT OF" COI.IWINCltMENT ~,"('Jw 01' It,Zo-FOOT,S'mlP Qf' lANP L'tIH; 1M 1l1&: EAST 1/1 OF'mE EAST 1/2. D1 'I1'li NORnEAST 1/+ or /HE SOlJ'iHYlEST "" Qf' SEC1I~ 14: TOVtNSHlP 50 sau1H. RANCE 20 ltAST. COWER ca.tm'. l"l.ORIDA: XliAIENCM:AT K SOUTKwEs,- CORNl!R QF'SAlO ~ON ,+. ~CE' RuN ND7'3S'a:n, A'DlSTAHl% 0.: 1.33'7.Sl4 u:r AUlNC 'lHS SOU'1H UNt OF SAID 1mCIN: 'l'HENCE RUN.NOO'4I'J&"E'. A DISTANCE' OF 2150.78 FEIi:T. ALtlNO 11E WEST UHI OF 'ntE wr 1/2 OF lHE SOU"IHYt'EST 1/4: 1HENCll: RUN NII7":S%'04"E; ... Dlsooa:: OF 10C2.IID m:r. u,aNO A:LII.E lJ2i...r RUNS PAltAW'l. TO 1H~ NQRllt I.,IIC OF' tHE HCIlmlEAST 1/4 OF 'Ili! SOUTI'IWES'T. 1/; TO 1H1t: ' 'OINT 01' CmNHINOl'Tli!NQE RUN HDO'<W......~'A, D~ ClF 2O.D;J F!E1' IU.CIHC '!HE VBT UN! qF SAJD !AST ft. OF. 1HC:' EAST 1/2. Of' THE HORn1EAST 1/04- OF 'rHt liIOU'IIft.t:ST 11"" 'IH!HeE RUH N5'n:&'D4"E, II Pl~ OF i34..3D I'm" AL.OOQ. ... UN!:: RUNNIffC.,10.FEr SOU1H CP' (lItS WE:.\SUREC AT R1l>>fT N<<llES). /\NO PARAIJ.!L 11), M IORlK UN! OF SAlll 5\ST 1/2 OF. 1M!!AST 1/2 DP' iHi NClR1H!'ASf 1/4 011' 1Hi' SOU'IHYUT 1/-k 'rlCNeE RUN ;oO"48'2Tw. ,. I)ISTANCIt OF' mllJ FEET "LaNG 'nit r::AST UN! Of' SAID ~ 1/2 ~ Uti W1' 1/2 OF'TIiC' IClIUHtAST 1/4 C1! 'IHI: SCU1HWl!'ST 1/+' 1HENCIi: RUN tien:to+"W. '" DlST~ ,QF' 33430 m:r ALONG THE ODuni UNE Ol' A .>>-f'OCT KJ:IAD AND UlILJ1'Y WEMINT 'AS RtcauJED IN or:F1QAL IlEctlRDS BOOIe 1Q3" pAOf: 51S. PUCllJC worms' ~ cawEft COUN'tY. ~ !WI) LlNlt RUHHlNO ~g FEET $tll1lH 01" CAS I.IEASURl!D AT I~T ~ot.ESr, N,lD !"ARAl.l.Q. TO. SAID NDR1H UN!; NUJ 10 '1l-IE POINT OP' DmHNINCt. ' J:I~~Nr~ci ~ae '....MIi PUt' -OR f45 "Cie. WORE ,CR u:Ss. '" ' ~. '/'" ' , "~ARCD.. a~ DlSTM_ AND NEAS ',~.---:- . ' 1:AL=u.1Il:tJ ARE,wm ON,A FlU ~'tIF ~~~,tL~~o-m), '=~~~~~Z='~'e~' ~~c1~', , '11iis 4'IS ,INoi~A. SUR\e(., . . ~:~,'CO_~'~~~~~ClATES. INe. '. :5900 C,01.QNIAl. BL,W., 'SUI11r.""" R:RT liYERSr lPl.~fDA. 33912 . , P~!) (z:5&)277.-o722 FAX: (2311)277-"711. EMAlL: SURWYlN ER.C01lI ENn'GRtW:'t"ANU:1'!ANSeH. UoC' , ,gRA-. BY;' ~W\'", :.. "CHECIWl!lV; J.N.W. RCEL:~CESCRll?1ICNt' , DAm an. SCALE: 1"-Gll' REV: 1tl~Q/D4 U'llUTY'EASEI.ItHT IN THE NE: 1/4 . 'nil! ~, 4 OF see '.....BO-28 PROJECT No: C2OIQ1 . OwrJ ND:S!QI4T-~'" SH!!T: 1 OF' 1 ...---....---. ": 93~8 P.009/011 Agenda Item No. 16K2 October 11.,2005 Page 10 of 12 , , " (FRl0239 992 9328 p, OlD/Oil Agenda Item No. 16K2 October 11 , 2005 Page 11 of 12 SEP-23-200S(FRI) 10:40 Brennan. Manna & Diamond. Pl EXHIBIT /A pag,~cf~ PROJECT 7o~r:;2.1 PARCEL 7;;':J.. . FOLIO ooct/6.'7'o(:)"b SKETCH :kNIJ DESCRIPTION OF A TEJiP()RJlRY, CONSTRUCTION EASEMENT FOR PRODUCTION' WELL NO. 17 IN 1HE Nll: 1/4 OF THE SW 1/4 OF se:c71ClN H. 11VP 50 S, ~t'~ 0If , ROE ~ Eo' COWER COUNlY. F1.CIRlDA L' E 1/2 QF' 1HE ' r lGC1H UNe: OF 1H! E 112 'aP' 1ME t 1/2 It" 1/2 OF 'IJ1l:: ' , aF TIiE HE 1/'" OF K SW 1/4' HE 1/4 OF 1HE sw 1/.c. -- ,,=--~~~-,- . . ~ NllTU'M"t: a PROPOSSJ.' - - - -:. 1:5Q.2.1"!I:'L' I ,...' ~PRODucmOH -. ;..,.... ~ IleaL flO, 17 PRQPOSE!) zll' i'l ~ 'jC ulllJ'N EASa4ENT ~Em III . ~.... P.o.a. ~ ' , ~ J.". . ~ 5D.O" , wl!s!!J . i j Nmn4"'E'b ~ lilSFi ~ ; I!s~~: 011 ld~'~ 1Sa.30" :5 ~ &!::t S07'U04~, ss.l!i~' ,j It 1/2 OF THE E 112 OF T/'Ie NE'1/4- OF 11-IE' $W'1/4 ,FeUD' NO.: , ,OO416St'lDQD5 . '~L-FLCl1ltJA PO\\SR '.II LlI2/olT co, R/W - RIGHT-oF-WAY CIA - CFPIClAL RECORDS DQOJ(/P~ P.o,B.-PClINT'oP' 8mHNINO P.~-PatlT CF cm.u.elr::ewe.,- '. . . . . DFmRIe'lJP'i' OF 10 PNtCIC. OF I.JlMI) LYIN= IN 'rHli: fAST '/.2 ClF '!HE ~ 1/2 OF' 1l-IE NOR11CAST 1/+ Of\' THE SOUltNiST 1/04- Oll"~cn~ 1+. TOWNSHIP SQ'SOlJ1H..RAHCE~, ~ ~ CCUHTI'. Fl.ORlDAi , . ' , l':OWWli:HClNo ',"T 'notE NCRlHtAST cciRHER OF SAlli EAST ,/t. aI 'THE:' EAST 112 OF. 'JHE t(ORlH!AST 1/4 OF" 'nit' !IClLflH\lEST 1/4, ~l% RUN SOO'48"2'rw, A lJISTANCE or 70.12 FEET ALCN~ TH! WT LJHE Ql' ,SAID. EAsT 1/2 JF' '!HIt EAsT 1/2 Cf" 'nE NCfl'TtItAST "4 OF THE SDUlIiWESf t/..'JO 1HE POINT' OF' 8l!lINN1NC: '~!l'lCE. ~ 3Otr4a'2r~: A DlSTANCl! OF 1'10.10 I'I:ET ALCfo/c GIIID ,FAST UHEl: 1H~l% R\JN sar.sz'04."W, A Ol:1rANCE Qll' 10Q.30 '!t1' AU:lNl) '.-LIC THAT RUIII:l PARAU.I1:I. 'fg.1J€ NOImI uNl!: Cf" SAID EAsT va elF 'ftiE ~ ,,~ OF THE <<lR'IH~ 1/'" OF THE SO!J1H1'CT 1/~ '1rlEMl:f: !WN NOC'.4O'2n:, A DISTANCE aF' 100.17 P!lE't ~g ... t:JNE rHAT RIJNS PARAU!L '10 SAID. EMf UN!::':niENCE RUN I'lDT32'040.!. It DlSTAHct OF 130.= flEET ALOHG' THE ' ;QlJlH UtIt OF' A 3D-FDOT Ro.\D ANtI UlIU1Y El<<J.talT AS RECCIRD!D H QFl'lQAL RtCClROS ElOOIC ,.cJJ. PNJIl: I.s5. PUI3LIC RECC/RllS OF CQIJJEIt CXlIJNT"(. f1.oRIDA. SAID UNE ~ 3D FEET sotnH OF' (I\$'WE:ASUREp AT aCHT ANCU!:). AND PMAw:z. TO. H NORtH uc OF ,.1HE EAST 1/2 OF' 'Dli" EASr '12 OF 1liE ~ _'/4 F 'THE: ICUmET t/4i ltEHcr RUN SOO'<fe'ZTW. A. ClSTANCE 01' 40.a7 AI.DNC A LIIE THAT RUNS PARAIoU:.l. TO r,w EAS1' LINE: 'll:EHCE RUN NB~'a40"E:: A DISTANCE. OF !Stl.DI FEEl' ALONGI A' UN! 'THAT RUHS PARALLEl. TO ' lAID NOIlJli lJNE:1O H POINT 01" DitllHHlNlJ. " " . 'a,. :oNTAIKINIi 11'l,OU SQIJ~ FEET OR' (U7' ~ YOIt!: em t.ES$. & ~~~i " .' tIlIEI , . ., 1Hi PMCa. lJiARlNo. 1UTANCES. ANIl AREAS . ~ ~ ' " CAloCUl.A1ED. AR!."IIASIiD aN " F111.D !llJR'We."l', OF .LICISON;"~ '1Ht P'l1W' wm) . SECIION'14. BASIS CF BIiAftIlQ: STA~ 'PI.ANE 0NAl; 'SURI/t'tOIt AND ~P!rC ' COClRlllNA1! S'l'S1EN. I'1.A. IiAST ZtM. "83;"1a. r~~al.m~.... ThUS:'S,'NOT.,A..SI:JR~" .'JCt.rtCEY' 'C:'~'CDONElf'.l,ND'~ ASSOClAlES. INC. SIJR'IiE'I1N; AND MAP.~Q . ' : . :meo COLONIAL'Rl.VP.. SUIJE':'.... FCR1' NYERS;'F.LDRJl)A 33812 , . ptIQHE::. (~S1)277-C72Z, ,FAX: (zs;,m":"'n ,0C'Nl.:, UVEY!NOGCCONER.COM ENT:~', . 'lJ.Q. . . OR'Aw.. BY: ',;,tM. ctECKED an' J.N.w. ~C,ELtD ,ON:.. Vinl..'NO. 17 DAm .~/D4 '. SCALE: 1-..a0' 'REYl10/2o~ 1". ClOHS1RUC1IOIt u.m.cEtn'IN 1Ht 1/1,. 01" mI SVl1 """ sm 104-.50-2G' MDOIECT Nor' D2DiO' we: N<<m:f+w-~ SHEEn 1 OP" , I. " . SEP.23-200S(FRI) 10:40 Brenn~n. Manna & Diamond. PL (FAX)239 992 9328 P,Oll/011 Agenda Item No, 16KZ October 11, 2005 Page 12 of 12 , . , .' EXH I'B IT ....:er.. pa,gllSa2-ct ..l5a.... PlWJECT 7t:1"6'1;L I PARCEL q ~ ::t FOLIC O(',)L.//~'i',()()()~ SKETCH '.AND DESCRIPTION' 01' A . UTILI'l'Y EASEMENT FOR PRODUCT/Ol!- JYELL NO. 17' , IN ')}iE NE 1/4 OF lliE SiI 1/4. OF SECTlOI)l 14, iWP eo s, RGE 26 E., COWE;R COUN1Y. FLORIDA ' ~RNER OF E '/2. OF 'THE' E 1/2. OF 'THE ' Hit v+ Df" 1I.q:j SWV+ . 'r-NaR111.LINE oF 'QotE E: 1ta Or THe:. E 1/2- I OF 1HF; tolE 1I~ OF lifE SW 1/+ ',. '- ~u~---,' '_ - -\ ~rO.R.1433/DS5.~ ' I'RoPOSeo' 20' , ' P.c.o. ~ '.'. ' N87"U'D":"It _ _ - --:-- EIO.l)I" fg 2' b' I w~= ~-I!I a:~ ~s=~ :il!s!!~ " ~sw; ) . ,. ~,=; . ~, I 's i:, E 1/2.' OF lHE 'E 1/2' OF niE NE .1/4 OF 'l1iE SW 1/4 .. rouo N~ 004-16860006 ' ~ol&L.-fUlROA PC:l1IIER 11.' UalT co. rvw .. RJQ.rr..oF"W~" , 0---' amCIAL R!CCIImS BOOI</P'AC r 'POINT OF BEClHNIIIG I .I'DJHT f1f. COWMOll::GlJ:NT ' 50.011' scrr.u'a+"W " , . . 1~..ftnN C1f' A PMa:l. Of LAND.L'WlNG IN 'tHE EAST 1/f.'OF' 1HE ~ VZ'Of THe: HQR'JM1i:AST 1/4 OF'THE :CUlI'IWJl:liI'1/4 IF SQC]1QH " ~p sa SClUTH. 'RANatE 21 WT, ,ctlWER CCUN'lY. Fl..ClRlD~ , . .,' . . I :clolitJ.lClfo/= AT '!HI! ~lH2:A$T crircNER IF SAID E.(St'vi OP \HE.EAST 112 of' M HOR'lI'ICAGT 1/4- OF THE: :cu'I1iVC"F 1/4. lIi1'Nct RUH SOo';Y'zrw. A DISTANCE aI! ~a.ao JIUT Al.CHC "THE EAST LIE QF SAID E:AST 1~ ' 1!"'1HE EASf.I/% Of" 'TtE NOImltASI' 1/+ tIF." 'q.E SOU'1HWEST 1/4 TO 1He: ,.CINT Of" DllDIHHINO; lHEHCE ClClNnHUf: ocro4B'2'N4 A Dlsr.wz: err "Cl.c7 FE&:r' ALQK~ SND EAST ONE';' '!HENCE RUN $J7'32'04"W, A DISTANCE OF 511.D8 'EEl' A/.OHo. II. UtE 'IlfAT RIJHS pAlt.\l..l.& TQ,11e NClR1H LINE OF SAID !An 1/2' t:JIIlHE t\ST 1/:z OF lHt ' , ItlR'II:ItAST 1/+ DP' 1H! $ClU'IHWEST 1/04; '!HENCE RUN NO~ ^ IlIST~CIi: Of' 4Q,Q7 FEET AUlIG'A UN!, " HAT RlJHS p~ 11) SAID EAST IJle 'IHENCE RUN NlI732'Q.I.-e:, A DlSTNllZ OF lSa.Cl8 1'1!1'1" ALON~ 1HE SCIU1H IIC OF A :sa-pggy ROAD AND U11!.I1'I' ~ AS 1CCORD1iD If( omcw. RECCImS BeOlC 1-433, !lAce ClII$, UBUC R!CDR.OS OF COLlJIR COUH'lY. FUJRlDA. SAD LINE'RUNNlNIl :sa PEET sou".. OF' ~ ME'ASURm AT RIGHT , .NCUS). ANl1 PARALEL TO. 'floE NaR1H IJNP; or nit wr 1~ OF lH.E 1tAS\"'1/2 OF 1HE NDIltHW:T "4 IF tHE ~ 1/4, TO"~ PCIINT ~ BeDlt:lHlH~. '. ' . ,', . ONTAlttlWr:' 2.ao7 ~. FEE'I' DR 0.0$ 'ACRa" tolORE oR' ~ ~ARcs. B!ARlNO. tllSTN<<:t:S'. AND AREAS l:ALCVLA1UI ARE lASS) O~ A F'IELD SUJr.IIT OF 'WlLKISbN:CPOR 'IRE l'IlW UII~ . SEl:'IION.4. BASIS OPO ~ $1"~li PLANE: .SUIM:\'DR A!CJ'MAPPllR, ' COCIRrlIHA"l'e lmlTDI. P'I.A. I!:ASI' ZCNE:. 'lIS/lID. : .J4~~~ :rHISHSr.'HOr.A ,Sl1R~ . ~FR ...,C~~.COONER.':MD~-ASSOeIATES.. INC. '. SUQYSYlNC,AICI, yAPPiNG , . " ';900 ClX:CIIlAt. BL:.W,. UtE "4.' F.ORT ~.FtORlDA ~2 ' .PkaI'E: (2.:!Is)m-O~, rlaC: .CZ3S!)Z77-7178 EMA!U "'suRVEY1NOOCOONlIt.COll EI'm GI\IBE.'r.' D 'HAHtiEN. 'u.c ,~\tN. ay:. oItW ' CH!CK!D Bn J.N.W. , ReEl. DESCRIPTION: WCLl.l'tC. 17, 'DAT!:' 8/3/D'" SCALI: 1.-st REVt 10/20/04 ICucrJON eu. U1IJ'n' ~T IN OF 'tHe:,~ 1 P,SEC 104-tlO-28 .PROoECT No:, a:ZOtltll WO No:SllCllCW-'rI:!O"1 S1iElm 1 Of' 2.. , ' " '"~ . ' , . Agenda Item No. 16K3 October 11, 2005 Page 1 of 11 -, EXECUTIVE SUMMARY Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcel Nos. 154 and 754 in the lawsuit styled Collier County v. Joseph Sannicandro, et al., Case No. 03-2500-CA (Golden Gate Parkway Project 60027). (Fiscal Impact $37,799.00) OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement and Stipulated Final Judgment for payment of full compensation, expert fees and costs, for the taking of Parcel Nos. 154 and 754 in the lawsuit styled Collier County v. Joseph Sannicandro, et ai., Case No. 03-2500-CA (Golden Gate Parkway Project 60027). CONSIDERATIONS: The County acquired the subject property by entry of an Order of Taking and by depositing the sum of $26,300.00. At mediation, the County and Respondent, Joseph Sannicandro, negotiated the proposed settlement of $47,400.00 as full compensation for the taking of Parcel Nos. 154 and 754. In addition the mediated settlement provides for payment of attorney's fees in the amount $6,699.00 and $10,000.00 for all expert fees and costs in this case, If approved, the County will have the following costs: -- . Additional Compensation: . Expert Witness Fees: . Statutory Attorney's Fees *: TOTAL: $ 21,100.00 $ 10,000.00 $ 6.699.00 $ 37,799.00 * 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 ($47,400 - $27,100). Attached are the Mediated Settlement Agreement and Stipulated Final Judgment. FISCAL IMPACT: Funds in the amount of $37,799.00 are available in the FY 2006 adopted budget. Source of funds are Impact Fees and/or Gas Taxes. GROWTH MANAGEMENT IMP ACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Mediated Settlement Agreement and Stipulated Final Judgment as to Parcel Nos. 154 and 754; 2. Approve the expenditure of funds as stated. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney .- Kem Number: n.m Summ.ry: "'-tlng 0..: Agenda Item No, 16K3 October 11, 2005 Page 2 of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16K3 Recommend,llQn to .ppro.... I M.diated SeUlerTlltnt Agreement end SUpullted Final Jud",mflnt for P'ar''8I:s. 154 & 754 In the lawsuit styled Collier Count)' v Jtlseph Sanmcandro, at.1.. Ca,e No. 03~2S0o-CA (Golden Gatft Parkway Project 60(27),fFII5CllI jmp8ct $:37.7~) 10f11/2006 3:00:00 AM Aulstent County A<<orMY 0... Prepared By EBen T. ChlldWflll County Attom-V County Atto,.,..y Offiee 9/27/:1005 2::U:,5 PM Norm E. Feder, AICP TtIIMpcutatlon DivisIon AdminIstrator 0... 'ilJ27f2X101S 2:59: PM Approved By Tr,ln_porUidon 811II.....10.$ Transportation S.rvlr:.s Admin, Approved By EOgllllflll C"lv.rt r"n.port.aUonl ServIG.' 0... Prlno~p.l PrGljlot Man.gar Tranllportl\t1on Enll~n..rlng and Construction MIIl1ag.ment 9121120053:2" PM MlWlllg..,...ntlBudgat AnalY'ot "".. APllrovcd By Llu Tc)'tor Transportllu.,n &ervlc.. Tran,pOrtltiDn Admln/etrlUon .1211200.5 ~:44 PM A)lflrovC!d By Acoountlng SUplllll~t:or Do" ShGiron Niltwman Trcl1sportttion SQlfVleel Tra"sportQtlon Admlnlstrallon 11271200B 4:.0 PM "".. ApprovC!d B" Kavln Hfl'I)drlc.h Tran.partGtiQn Sllf'...l~. RIGht Of way Acquisition Manag.r Trlln'lpOftatiQI"! EnglmwrlUD and Co.utI'UQllon .1271:00e 6:13 p~ Anlatant County Attornoy D... AllprovC!d By Ellen T. Cl'lodwell County Att~ney County Attorn_y OffIce '/2I1200e 11:51 AM Count)' Attorney Oat, Approvtd By D.wld C. Woigel County Attorroey County Attorney Offlce 8/21H2006 Z:U PM D... Appru\'cd B)" OMS Coordinator County Manll;"r', Oftlcc AdmInistrative "".,Ishlnl ottlclt 0' I'Mlnagcml!lnt" Bullgltt 8/30/2006 1:42AM SeniOf Mlnloel1MlntlBudtet Analyst "".. 1013/200611:36 AM Approvcd By SUUnUalHtf County Mln..".,', Offloe Offl~ or Man;tg.mel'lt & Budget "".. ^Il(lrovc:d By Michael Smykowskl Coun'ly Ma"..gllr'S OrrlGe Managl)mllmt &. 8udgtot Dlro..tor otrlc," of Mllnagttmunt & But/got 10lJl2D06 11 :52 AM County Manager "".. APllrovd B)' Jal'MI V. Mudd Board af COl,lnty Commlrolllonttrljl Cou.nty Ml1nllllJl!lr'I OMee 10/3/200$1:08 PM Agenda Item No. 16K3 October 11, 2005 Page 3 of 11 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political subdivision of the State of Florida, Petitioner, Case No.: 03-2500-CA vs. Parcel Nos.: 154, 754 JOSEPH SANNICANDRO, et al., Respondents. I STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, by and through the undersigned counsel and Respondent. JOSEPH SANNICANDRO. (hereinafter "Respondent") by and through his undersigned counsel, for entry of a Stipulated Pinal Judgment as to Parcel Nos. 154 and 754, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner, COILIER COUNTY, FLORIDA, is the full compensation due Respondent, JOSEPH SANNICANDRO, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, have and recover from Petitioner, COLLIER COUNTY. FLORIDA, the sum of Forty-Seven Thousand Four Hundred and No/tOO Dollars ($47,400.00), for Parcel Nos. 154 and 754, as full payment for the property interests taken and for d,amages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcels; it is further ORDERED that Petitioner will be entitled to a credit for the good faith estimate of value previously deposited in the amount of $26,300.00; it is further 1 Agenda Item No, 16K3 October 11, 2005 Page 4 of 11 ORDERED that Respondent, shall receive pursuant to Florida Statutes ~73,092(1), as a reasonable attorney's fee, the sum of Six Thousand Six Hundred Ninety-Nine and NollOO Dollars ($6,699.00), based on a benefit to the property owner of $20,300. Except as provided herein, no attorney's fees or other costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel Nos. 154 and 754; it is further ORDERED that Respondent, shall receive as full settlement of any and all claims for expert fees and costs the sum of Ten Thousand and No/tOO Dollars ($10,000.00); it is further ORDERED that within thirty (30) days of entry of this order, Petitioner shall pay the total amount ofTbirty Seven Thousand Seven Hundred Ninety-Nlne and No/tOO Dollars ($37,799.00) made payable to FormanHanratty & Montgomery Trust Account, clo Vanessa Thomas, Esq., Forman, Hanratty & Montgomery, 320 N.W. Third Ave., Ocala, FL 34478, for proper disbursement in accordance with this Order; it is further ORDERED that title to Parcel Nos. 154 and 754, a road right of way, drainage and utility easement and a temporary construction easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COlLIER COUNTY, FLORIDA, pursuant to the Order of Taking dated September 19, 2003, and the deposit of money heretofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3318, Page 2170 of the Public Records of Collier County, Florida be dismissed as to Parcel Nos. 154 and 754; it is further ORDERED that pursuant to Section 74.051(3), F.S., the Clerk of Courts shall disburse the interest earned on the funds on deposit, to Collier County Board of County Commissioners, c/o Ellen T. Chadwell, Assistant County Attorney, Office of the County Attorney, 3301 East Tamiami Trail, .- Naples, FL 34112; it is further 2 Agenda Item No. 16K3 October 11, 2005 Page 5 of 11 ORDERED that the terms of Mediated Settlement Agreement entered into by the parties on September 8, 2005, are incorporated herein and made a part hereof; it is further ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier County, Florida; it is further ORDERED that this Court retains jurisdiction to enforce the terms of this Stipulated Final Judgement; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day of , 2005. TED BROUSSEAU CIRCUIT COURT JUDGE Conformed copies to: Ellen T. Chadwell, Esq. Vanessa Thomas, Esq. Bookkeeping JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel Nos. 154 and 754. Dated: C\.. ~ {-OS' Dated: 9"~-, Of ~fJA!V:J ~ VANESSA THOMAS Florida Bar No. 0702412 FORMAN HANRATIY & MONTGO:MERY 320 N.W. Third Avenue Oeala, FL 34478 (352) 732-3915 - Telephone (352) 351-1690 . Facsimile ATTORNEY FOR RESPONDENT, JOSEPH SANNICANDRO ~~r~~ . ELlEN T. CHADWELL Florida Bar No. 0983860 COUNTY A TIORNEY'S OFFICE Hannon Turner Building, 8th Floor 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATIORNEY FOR PETITIONER 3 PARCel NaJa PERPETUAL, NON-EXCLUSIVE ROAO'RIGHT ..oF.WAY, DRAINAGE AND UTILITY EASeMENT I QIlIIMem N IJ October 1 / of 1 Page EXHIBJT A ~..so (PLKi') w E SlhllOIfl. OR IltO/,S7) SANNICI\JoIORO, JO OR 2275/2JJe TRAe 82 GOLDEN GAT~ ESTATES PLAT ~~T i~AOt ~ BASEUIlE OF SUR'lEY UHE TABLE BEARIIIG LEIID H 50.00 41. 27.a3 34.28 3.0D PERPETUAL NON-EXCLUSIVE ROAD RIGHT":OF-WAY... DRAINAGE AND UTiliTY EASI:.MENT PARCEL 154 $,298 .q. II, TRACT 91 TRACT 75 IEGlNNING; ~- PROI'OSEO 0__-'''' ~ -.:.-"- 10' ROW UWl IW/BP . 51DlWAl.K I .!fit. /lAlH ~lN' OR .04V'02 1 O' ftDW rSWT U'J+OO -I GOLDE GATE PARKWAY (CR 886) ~ ROMlWA'l' l.r.srWlN'T I'ER PLAT Io"lt...oo ."'+11II 5 ' 111~ 5' I-r- V / /,,1 . !IIl1I'NC RO~Y lASCM[NT DEDICATED 10 THE POlPETUAl USE OF THE PUBlIC POl PLAI BOOK 7, PAllE sa ~ . PROPOSED AOOITl0tU4 RIGHt-OF-WAY LEGAL DESCRIPTION FOR PARCa '54 A PORTION Of TRACT 82 GOLDEN GATE ES1ATES, UNIT 3() AS RECORDED IN PLAT BOOK 7, PAGE 58 OF THE PUBLIC RECORDS OF COWER COUNTY, flORIDA SITUATE IN SECTION 29, 10WNSHIP 49 SOUTH. RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. coMMENCE AT THE SOUTHEAST CORNER OF SAID TRACT 82: THENCE N.OO'27'54"W" ALONG THE EAST LINE OF SAID TRACT 82, A DISTANCE OF 50.00 FEET. TO A POINT ON THE NORTH LINE OF A ROADWAY EASEMENT (100" WIDE) AS PER SAID PLAT AND BEING THE POINT OF BEGINNING: THENCE S,89'J1'J7"W" ALONG THE SAID NORTH LINE, A DISTANCE OF lBO.OO FEET, TO THE WEST LINE OF LAND DESCRIBED IN OFFICIAL RECORDS 8001< 2275. PAGE 2336 OF THE PUBLIC RECORDS OF COLLIER COUNTY, flORIDA: THENCE N,OO'27'54"W., ALONG THE SAID WEST LINE, A DISTANCE OF 41,00 FEET; THENCE LEAVING THE SAID WEST LINE, N,aS;31'37"E,. A OISTANCE OF 27.83 FEET; THENCE S,76'58'39"E" A DISTANCE OF 34.28 FEET; ; . THENCE N.8\l"31'37"E.. A DISTANCE OF 118.84 FfU, TO THE SAID EAST LINE; THENCE S.00'27'54"E.. ALONG THE SAID EAST LINE, A DISTANCE OF' 33.00 FEE:T. TO THE POINT or BEGINNING. CONTAINING 6,296 SQUARE F'EE:T, MORE OR LESS. 1VJtINGS. ARt IMED OH HORn-t AUUICAN DATUW (H...o.) .tee-II" "DJUSTlolEH' STAn: ''"'''' CllOllO<HIIJE SYSTE" (DeIO) 'OR no_ EASI ZOH(. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY ~O DO .~- seA!.l;; I".ao' 180 .0 7 I IlYI ~ ~c...-c. L.c;.~ lOon It \:NU(,{ "ROrtsSIOt.&AL. IUfM'tM I: MAfI'Eft n.oAtl" A[(JI$TRAnON ctR!!Jc~t: He 4?.!!i lttOHlNO DATir ~"z;,up ...0 'L ~~~: ~~~R:::C":'.?t~~ 1=~It=JO..=~~tD $!I\L or R:\l&(' rOR; COLLIER COUNTY GOVERNl.IENT BOARD or COUNTY COMMISSIONERS GOLDEN GA'fE PARKWAY IMPI~OVI!:MENTS' SKE1'CII &. DESCRIPTION 01': PERPE1'UAL, NON-EXCLUfllVE HOAD RlGU1'-OI'-WAY, DRAINAGE AND U'nUTY EASEMEN1' PARCEL H54 COWER COUNTY, FLORIDA JOB NUMBER REVISION SECTION 01-00 I~. 1 1 2 2~ JOJU NOR,1'n HOI'tI.BIJlOa [)AIVB. IUlTB 2'11J NAPLES, FLORIDA 3410; . PIl. (941) "9-1 Jill r.. (lN1) 14Mull .D 1'1." 1952 DRAWN BY F'IlE NAME SliEET REC D015SK15~ 1 or 1 PARCEL NO. 1 s'f . TaFORAR'( DRIVEWAY RESTORATION EASeMENT (DURA11ON: S YEARS FROM CCItAtENCEMENT OF CONSTRUCTION) I elHlBl1'em No . ifCJctober 11 If Page '- d' ).. 6K3 005 f 11 ~N"~ _..I___.~' i~~ EYJ-IIBl'l' A 330 (PLAn w E SZMlOIEL OR UDO/1S73 SANNICANDRO, JO OR 1275/2336 TRAC 62 GOLDEN GAT~ ESTATES PLAl ~~kT ?f,.OE 5B TRACT 75 UNE TAB LINE BEARING Ll L2 L3 L4 L5 LDlGTH 5.2<4 19,75 6.50 19.75 6.50 TRACT 91 PROPCSto RIQHT -OF-WAY ----.r- - 10:-- "" IW/BP . $1OnAI..1t. / 11I([ PAlX ~-;; ~3C2 - --;0' R'iiWi"'SWT GOLDE GATE PARI<WAY (Cf. 866) KQAUW.\V EASE'MEHT I'ER PlAt 5 ' ,t;t.OD _I PI+OI 17....111 >- BASELINE or SURVEY 5 ' I-r- I 'I'I!WORM'( DANIlWI\Y RESTORATION IAI8IiNT (DURATION: S YEARS PROM COMMENCEMENT OF CONSTRUCnON) LEGAL OESCRJPTlON fOR PARCEL 754 A PORTION OF TRAC';' 82 GOLDEN GATE ESTATES, UNIT 3Cl AS RECORDED IN PLAT BOOK 7, PAGE 56 OF THE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA SITUATE IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, flORIDA BEING MORE PARTICULARLY DESCRIBED AS fOLLOWS, COMMENCE AT THE SOUTHEAST CORNER OF' SAID TRACT 62; THENCE N,OO'27'54"W" ALONG THE EAST LINE Of' SAID TRACT 82, A DISTANCE OF 83.00 FEET; THENCE S.B9'31 '37"W.. A DISTANCE OF 5,24 FEET, TO THE POINT OF BEGINNING. THENCE CONTINUE S,69'31'.37"W., A DISTANCE OF 19,75 FEET: THENCE N,OD'2B'27"W., A DISTANCE OF 6.50 F'EET: THENCE N.69'31'37"E" A DISTANCE OF 19,7:5 FEET; THENCE $,00'26'27"E" A DISTANCE OF 6,50 fEET TO THE POINT OF BEGINNING. I . CONTAINING 126 SQUARE FEU, MORE OR LESS, 8EAAlNllS Hit IASItD ~ Nan rH AMtftlCM' ~lUN (HA.D.) Itll-ltlO AOJUS'wW1 STlJ'l flL'-N[ =QlHAtt IY$TiW (ONO) "Oft. FLORIDA tAS1 .0 00 leD , e C~-::::..- OY, ;. ?~ . ROO!" ca, JTtR. - PRortsSlDNAI. SURvtroA .. IAAPPtR Fl.DRID4 It!OISTMj.~ ClRTlF'. lCATt NO. no.. SICl<INQ Q,lJE, <r- 2.~ _0 "'2.. NDt VAIJ(l W1Tkf)UT lHt ORto...."" $l(l~TUR[ Ie IW.SCD r~BOSiEO 5EA1. Qr A rl.OAll).l. ItlOIIURUI PAOFtIaaa~AI. ILNMTOR ~ MIlH'u. SKETCH 4( DESCRIPTION ONLY NOT A 80UNOARY SURVEY ....... SCAt&: j ..~O' fOR: COLLIER COUNTY GOVERNMENT BOARD OF CO(''NI'( COMMISSIONERS GOLDEN GATE PARKWAY IMPROVEMENTS SKE'J'CH & DESCRIPTION PARCEL 754 C01.LIER COUNTY, FLORIDA RUOC JOB NUMBER 01-0015.11 )(1'0 NORnJ. IIORse:SItOeD.RIV~. SUITB 27(1 NAPl.BS, ILOIUDA l41 04 . Pb,(l41) 6411-1S1ll> Po. (1'41) 649-7D" LB No.: 69S2 ORAWN BY fiLE NAME REC 0015SK754 , Agenda Item No. 16K3 October 11, 2005 Page 8 of 11 ~ ~' IN THE CIRCUIT COURT OF TIIE TWENTIETII JUDICIAL CIRCUIT, mMIDF~COCLrnRCOIDIT~FWIDM COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, CASE NO. : 03-2500-CA VS. PARCEL NOS. : 154/754 JOSEPH SANNICANDRO, et al., Defendants. / MEDMTEDSETTLEMENTAGREEMENT This Mediated Settlement Agreement has been entered into between Petitioner, COLLIER COUNTY, hereinafter referred to as Petitioner, and JOSEPH SANNICANDRO, and any heirs, assigns or successors, hereinafter referred to as Defendant, at a mediation conference held on the 8th of September, 2005, with the parties agreeing to the following: 1. Petitioner will pay to Defendant, JOSEPH SANNICANDRO, the total sum of $ (,LJ.. Dqq. 00 I to fully and fmally settle any and all claims for compensation in this matter for Parcels 154 and 754, including claims by Defendants for land and improvements taken, severance, business or special damages, relocation entitlements and interest, ( V') including I ( ) IXQlvdiRg all claims for attorney's fees, expert's fees, costs or expenses related to Parcels 154 and 754. The sum paid by Petitioner as compensation for -1- . " Agenda Item No. 16K3 October 11, 2005 Page 9 of 11 Parcels 154 and 754 ( ) are / ( I) are not subject to apportionment by other interested parties. 2. Petitioner shall receive credit for all sums previously deposited in this cause and received by Defendants Parcels 154 and 754. 3. Petitioner shall pay the balance due for Parcels 154 and 754, by deposit into the registry of the Court, within 30 days after receipt by the Petitioner ofa conformed copy of the Stipulated Final Judgment rendered by the Court and referred to below. 4. Petitioner and Defendants will submit a joint motion for entry of a mutually acceptable Stipulated Final Judgment consistent with this Mediated Settlement Agreement within 20 days of this Mediated Settlement Agreement. 5. The Court shall retain jurisdiction in this matter to enforce this Mediated Settlement Agreement and the Stipulated Final Judgment, and to conduct any supplemental proceedings, if necessary. 6. This Mediated Settlement Agreement, attachments and Addendum, if any, contain all of the agreements of the parties and every part of every agreement. No oral agreement, statement or representation is binding unless contained within this Mediated Settlement Agreement, attaclunents or Addendum. 7. The parties and counsel have reviewed and understand the terms of this Mediated Settlement Agreement and have voluntarily determined to enter into this Mediated Settlement Agreement without compulsion by any participant in this mediation conference. -2- , -. Agenda Item No. 16K3 October 11, 2005 Page 10 of 11 8. Defendant warrants that he has full authority to enter into a full and complete settlement with regard to Parcels 154 and 754. J/L tl ~ ELLEN T. CHADWELL, ESQ. Florida Bar No. 0983860 Office of the County Attorney Harmon Turner Bldg. 3301 East Tamiami Trail Naples, Florida 34112 (239) 774-8400 Co I for titioner v~ ~^~ VANESSA THOMAS, ESQ. Florida Bar No. 0702412 Foreman Hanratty & Montgomery 320N.W. Third Ave Ocala, FI. 34478 (352) 732-3915 Counsel for Defendants ~9'(~ k.,-~J~:7~ alient I Client Representati~e BY:~er'~ S~<(-"~/l::i~6 (please Print) Collier County Client Representative By: Client / Client Representative By: (Please Print) (]~ ~. ~ Alan E. DeSeno, Esq. Certified Circuit Court Mediator Post Office Box 1485 Br,wndon,F1.33509-1485 (813) 335-2241 Dated: September 8, 2005 -3- .. ,- Agenda Item No. 16K3 October 11, 2005 Page 11 of 11 ADDENDUM TO MEDIA TED SETTLEMENT AGREEMENT The settlement amount of $64,099 consists of full compensation, including all damages, in the amount of $47,400, attorney's fees of $6699, based on a benefit of $20,300, and all expert fees and costs incurred in this action in the amount of $10,000. The costs incurred include fees for appraisers, Erickson and Pendergast, and engineering fees of Agenda Item No. 16K4 October 11. 2005 Page 1 of 11 EXECUTIVE SUMMARY Recommendation to approve a Mediated Settlement Agreement and Stipulated Final Judgment for Parcel Nos. 155 and 755 in the lawsuit styled Collier County v. Joseph Sannicandro, et al., Case No. 03-2500-CA (Golden Gate Parkway Project 60027). (Fiscal Impact $10,719.00) OBJECTIVE: That the Board of County Commissioners approve the Mediated Settlement Agreement and Stipulated Final Judgment for payment of full compensation, expert fees and costs, for the taking of Parcel Nos. 155 and 755 in the lawsuit styled Collier County v. Joseph Sannicandro, et at., Case No. 03-2500-CA (Golden Gate Parkway Project 60027). CONSIDERATIONS: The County acquired the subject property by entry of an Order of Taking and by depositing the sum of $8,200.00. At mediation, the County and Respondents, Jake Sannicandro and Christina Sannicandro, negotiated the proposed settlement of $13,000.00 as full compensation for the taking of Parcel Nos. 155 and 755. In addition the mediated settlement provides for payment of attorney's fees in the amount $1,419.00 and $4,500.00 for all expert fees and costs in this case. If approved, the County will have the following costs: ,............... . Additional Compensation: . Expert Witness Fees: . Statutory Attorney's Fees *: TOTAL: $ 4,800.00 $ 4,500.00 $ 1,419,00 $ 10,719.00 * 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 ($13,000 - $8,700). Attached are the Mediated Settlement Agreement and Stipulated Final Judgment. FISCAL IMPACT: Funds in the amount of $10,719.00 are available in the FY 2006 adopted budget. Source of funds are Impact Fees and/or Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: 1. Approve the Mediated Settlement Agreement and Stipulated Final Judgment as to Parcel Nos. 155 and 755; 2. Approve the expenditure of funds as stated. - PREPARED BY: Ellen T. Chadwell, Assistant County Attorney Item Number: Item 8ummlr)': _Ing Dolo: Agenda Item No. 16K4 October 11, 2005 Page 2 oj 11 COLLIER COUI"TY BOARD OF COUNTY COMMISSIONERS 161<.04 Recommendation to approve a Medla1ed Settlement AogrelJmerrt and Stipullttld Fln.1 Judgn,tmt for PII',,'..,ls 155 and 755 In the lawsuit styted Collier County v. Jot.ph Sannlcl'lndrCi, at al., C... No. OS-250D-CA (Golden Gele Parkway Project 600:.171 (FIscal lmpillct.'t1 0.71 I>i 10" 1f2006 g:oo'.oa AM Aui,tant county Atto~y D... Prepared B)' Ellen T. Ch.o......1I County Attorn.y County Attorney Oft'Iu 9127/20011 2:041:43 PM Approved By Tran'pon.tlon Olvl6lon Admlnl.tr.tor Do.. 81Z712OGB 3:00 PM Nonn E. F.cMr, AICP TranlpOl'UtIot'l S.......Ict's TrlllnfportaUOf\ ServlclIs Admin. Appro\'ed By Do" Eugene Calvert 'tIInaportltion, e.rvlc.. Prln"lp~ Praj.ot M.negar Tr.n"pC)I'tatlon Enuln..ring ",d ClmJ'tructlon MaMgament 912'7/20063:24 PM \.ISllTQ)ior M.nIl9I1manlJ8.ud"4lt Anlllyst D... ApproYed By TrAl15poruUo'~ 1!Io.-vlc.a Tnnaportetlon AdmlnlslraUon U/ZTI2QOS ~;43 PM Sharon Newman Aocounting Suptl'rVhlOr Ollie Appn)ved By Trllnaport;lUon BltrVlc.' Trllnfportation AdmlnlstrllUon 8/27/20084:03 PM K."ln Hendnckl Do.. Approved By Tflnsportalton Service' Right Of Way Aoqulwlnon ManQger Trlln.porutlon Enoln.erlng and Construction '/2712005 e:14 PM Appnlved By Ellen T, Ch4ehwll County Attorney Aulstant County Attorn.v 0... C()lJnly Attonlty Offioe "/2812ootl12:01 PM County AttomllY Oat. Approved By DavId C. W.lljtIIl County Attorney County Attorney Office 9!2ilZ006 2:55 PM AdmlnlstraUv<< Aulstllnl Dat. APllmved >>" OMS Coordlnllltor County Man.941r'1- Office Office 0' Manageme-nt &. Budget 9130120058;43 AM Sun" Ullher S~nlor Manage-ment/Budget Analyst Oat. Approved By County Manag.", Otne;:Iil omC9 of Mat\ogem.nt,& Budgtt 1013/200511:43 AM Approved By Mlchalll snlykoWl-tcl County M.na/jl.r'1l Office- Managemant,f. Budget OIreCltor Do" 01f1c.o of Ma".gttment & BuUget 10/;lf200S 11:56 AM Deputy County Manager D." Approved By LDO E. OCh5. Jr. Bo.rd of C UUl'lty C':ommlulomtril County Mal'l_\1er'. omC4l' 10/3120054:02 PM Agenda Item No, 16K4 October 11, 2005 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT Page 3 of 11 IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, a political . subdivision of the State of Florida, Petitioner; Case No.: 03-2500-CA VS. Parcel Nos.: 155, 755 JOSEPH SANNICANDRO, et al., Respondents. / STIPULATED FINAL JUDGMENT TIllS CAUSE having come before the Court upon Joint Motion made by Petitioner, COillER COUNTY, FLORIDA, by and through the undersigned counsel and Respondents, JAKE SANNICANDRO and CHRISTINA S. SANNICANDRO, (hereinafter ''Respondents'') by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel Nos. 155 and 755, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding that the compensation to be paid by Petitioner, COlllER COUNTY, FLORIDA, is the full compensation due Respondents, JAKE SANNICANDRO and CHRISTINA S. 'SANNICANDRO, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADllJDGED that Respondents, have and recover from Petitioner, COILIER COUNTY, FLORIDA, the sum of Thirteen Thousand and No/100 Dollars ($13,000.00), which includes the good faith estimate of value of $8,200 deposited by Petitioner for Parcel Nos. 155 and 755, as full payment for the property interests taken and for damages resulting to the remainder, if less than the entire property was taken, business damages, and for all other damages in connection with said parcels; it is further 1 Agenda Item No, 16K4 October 11, 2005 Page 4 of 11 ORDERED that Petitioner will be entitled to a credit for the good faith estimate of value previously deposited in the amount of $8,200.00; it is further ORDERED that Respondents, shall receive pursuant to Florida Statutes ~73.092(1), as a reasonable attorney's fee, the sum of One Thousand Four HWldred Nineteen and No/tOO Dollars ($1,419.00), based on a benefit to the property owners of $4,300; it is further ORDERED that Respondents, shall receive as full settlement of any and all claims for expert fees and costs the sum of Four Thousand Five Hundred and No/lOO Dollars ($4,500.00); it is further ORDERED that within thirty (30) days of entry of this order, Petitioner shall pay the total amount of Ten Thousand Seven Hundred Nineteen and No/100 Dollars ($10,719.00) made payable to Forman Hanratty & Montgomery Trost Account, clo Vanessa Thomas, Esq., Forman, Hanratty & Montgomery, 320 N,W. Third Ave., Ocala, FL 34478, for proper disbursement in accordance with this Order, it is further ORDERED that title to Parcel Nos. 155 and 755, a road right of way, drainage, utility and temporary construction easement, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner, COUlER COUNTy, FLORIDA, pursuant to the Order of Taking dated September 19, 2003, and the deposit of money heretofore made, is approved, . ratified, and confirmed; it is further ORDERED that this Court retains jurisdiction to hear supplemental proceedings for apportionment. if any; it is further ORDERED that this Court retains jurisdiction to determine attorney's fees and costs for supplemental proceedings, if any; it is further ORDERED that payment of compensation to Respondents, JAKE SANNICANDRO and CHRISTINA S. SANNICANDRO, is subject to the claims of all mortgagees, if any; it is further 2 Agenda Item No. 16K4 October 11, 2005 Page 5 of 11 ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 3318, Page 2170 of the Public Records of Collier County, Florida be dismissed as to Parcel Nos. 155 and 755; it is further ORDERED that pursuant to Section 74.051(3), F.S., the Clerk of Courts shall disburse the interest earned on the funds on deposit, to Collier County Board of County Commissioners, clo Ellen T. Chadwell, Assistant County Attorney, Office of the County Attorney, 3301 East Tamiami Trail, Naples, FL 34112; it is further ORDERED that the terms of Mediated Settlement Agreement entered into by the parties on September 9, 2005, are incorporated herein and made a part hereof; it is further ORDERED that this Stipulated Pinal Judgment is to be recorded in the Official Records of Collier County, Florida; it is further ORDERED that this Court retains jurisdiction to enforce the terms of this Stipulated Pinal Judgment; it is therefore DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this _ day of ,2005. TED BROUSSEAU CIRCUIT COURT JUDGE Confonned copies to: Ellen T. Chadwell, Esq. Vanessa Thomas, Esq. Jane E. Bond, Esq. Bookkeeping 3 Agenda Item No. 16K4 October 11, 2005 Page 6 of 11 JOINT MOTION FOR STfi>ULATED FINAL JUDG1\.fENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel Nos. 155 and 755. Dated: <1-~/-OS Dated: 1; - cl'1- 0 f t.t~AU'~ ~ VANESSA THOMAS Florida Bar No. 0702412 FORMAN HANRATTY & MONTGOMERY 320 N.W. Third Avenue Deahl, FL 34478 (352) 732-3915 - Telephone (352) 351-1690 - Facsimile ATTORNEY FOR RESPONDENTS. JAKE & CHRISTINA SANNICANDRO 1u~, 'V~ EllENT. CHADWEIL Florida Bar No. 0983860 COUNTY ATTORNEY'S OFFICE Harmon Turner Building, 8th.Floor 3301 East Tamiarni Trail Naples, Florida 34112 (239) 774-8400 - Telephone (239) 774-0225 - Facsimile ATTORNEY FOR PETITIONER 4 PARCEL NO. }SS" PERPF.TUAL.NON-EX~ lOAD RIGHT-OF-WAY, DAAINAGE AND UTILITY EASEMENT I K4 05 11 EXHIUIT A 3'0 (PUoT) '^"l\Il~DRO, JA OR 267~/678 !W:Oll OR 262VZ12 NVTTER OR 176&/974 ~ 1 W~E r! UN Ll L2 L3 LINE TABtE BEARING , , "VI o' , S00'27'S~' 50.00 33.00 33.00 TRA T Sl GOLDEN G~ E ESTATES UNIJ 30 PlAr BOOK 7 PAIlE ~8 ---- TRACT 82 ~ ~ TRACT 98 '.OPOSEO RlOHT_llF_W: J Stt/a, - SlO~' / ..ICE ,.n1 ~ OR loCi/iii'" - \O'Ri5WE5~ 11hl>> - . GOLDEN GATE PARKWAY fCR BBB) RO_\ 4.1 EASlIAEHl pER PLAt' . . 1)..00 no+<>> BASELINE Of SURVEY S ' ~ s ' I -I~ I i"! V//~ .." [XI51WQ: ROADWAY fAKWftofT DEt)tCATtD 10 THE POlPETUAL US[ OF" THE PUllUC .ER PLAT BOCH( 7, 'AGE 60 ~ . PRUP05EO ADOInaN~ RJOIil-(]f-WAT LEGAL DESCRIPTION FOR PARCEL 155 A PORTION OF TRACT 91 GOLDEN GATE ESTATES, UNIT 30 AS RECORDED IN PLAT BOOK 7, PAGE 58 OF THE PUBLIC RECORDS OF COLLlER COUNTY, FLORIDA SITUAT~ IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCE AT THE SOUTHWEST CORNER OF SAlD TRACT 91; THENCE N.OO'27'54"W" ALONG THE WEST LINE OF SAID TRACT 91, A DISTANCE OF 50.00 fEET, TO A POINT ON THE NORTH LINE OF A ROADWAY EASEMENT (100' WIDE) AS PtR SND PLAT AND BEING THE POINT OF BEGINNING; THENCE CONTINUE N.00'27'54"W., ALONG Tt1E SNC> WEST LINE, A DISTANCE OF 3J,00 FEET: THENCE LEAVING THE SAID WEST LINE, N,B9'Jl'37"E., A DISTANCE DF 105.00 FEET, TO THE EAST LINE OF LAND DESCRIBED IN OfFICIAL RECORDS BOOK 2675, PAGE 67B OF THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA; THENCE S.oo'27'54"E" ALONG THE SAID EAST LINE, A DISTANCE OF 33.00 FEET, TO A rOIN! ON THE SAID NORT~I LINE; THENCE S,B9'31'J7''W" ALONG THE SAID NORTH LINE. A DISTANCE OF .105,00 FEET, TO THf. POINT OF BEGINNING; CONTAINING 3,465 SQUARE FEET, MORE Oil LESS, IE~llrIOS ARt WED UN NORTH AM(~ OI.'Mi (N.A.O.1 '.11- t.IO AOJUSTMUn ITAl[ Pl..~[ CDOIIOlNArE: 1Y1i1[1oI (1;11101 'Uft fUJRIAA. UST zouz:. SK ETCH &: DESCRIPTION OIlL Y NOT A BOUNDARY SURVEY o I .0 00 180 ----, ~ ~;/ .... OY' ~. c....~ RO(,'tR G. ~s O~ 6URYEYO" AI "'AP"U HORIDA /ilfG15 RATIO,", ~1'?JTE NO. 57.91 ',ONIHG IlAll, .:r - ~- 0 z... NOt' "ALII) WllIiOV'!" THE: DHtOlNAL S1DNATUJU: . RAISED Eweo$sl:U IE~ OF .. n.Q~ MCUST(RfD PROrrsSloNN. WIWE'tOR "NO MA'p'v.a. SCALE; I'.UO' FOR: COLUER COUNTY GOVERNMENT BOARD Of COUNTY COMMISSIONERS ROAD Dwr,,'." J.c~~~~crl. J0.50 NORTU HORSJ!.$HOD Utuva. SUITU :no NAPLOS, PLORIIM )'ICH Ph. '~I) 6411-15011 PD~ C'lJ41) 64lJ..'US6 La No.. 1951 SHEET T Of K4 05 11 PARCEL NO.1 S~ TEMPORARY DRIVEWAY RESTORATION EASEMENT (DURATION: 3 YEARS FROM COMMENCEMENT OF CONSTRUCTION) I wqr--...-.... Exumrr A ,- JJ() {Pl.A1J SANNICN'lDRO. 011. DR 2&7$/678 BACON uR ~6~$/. 11. Nl/lTER OR 1788/874 ~ W~E rl LIN LI L2 LJ . L5 TRA T 91 GOl.DEN GA E ESTATES PLAT B~h 3~GE roe LENGTH 19.58 Mil. 21 A8 6.50 21..11 TRACT 82 . ~ TRACT sa --- ------~ 10' ItOW I'S~ ..., - =-- -~ PROPOSED ""H"r_or-~J__ CW/IP . 11'D\'AlK / lIKE PAT" lrVa, 'OR\'{l4D/'U7 -_ 10' iiOW'ES..n- GOl.DEN ~ ATE PARKWAY (CR BB6) y EASeMEHT Pl." pv..T' 5 . '1."0 - ..,...to 1 ' '.l~ - BASEL'Ne or SURVEY 5 ' -I~ I r l.EGAl. DESCRIPTION FOR PARCEl. 755 A PORTION OF TRAC" 91 GOl.DEN GATE ESTATES, UNIT 30 AS RECORDED IN PLAT BOOK 7. PAGE 5B OF THE PUBLIC RECORDS OF COLl.lER COUNTY, FLORIDA SITUATE IN SECTION 29, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, Fl.ORIOA BEING MORE PARTICULARLY DESCRIBED AS FOLl.OWS. I(ARlNQJ MI: lAUD aN NOfICH N.lERICNi UA1UM (M.A.O.) 10801- 'UO IoMlSTOM:HT I '.TE ,LN<<. tollllD><ATt IYIlE" ("10) fOR /1.0111"" (AST loNt COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT 91; THENCE N.OO"27'54"W" ALONG THE WEST LINE or SAID TRACT 9\, A DISTANCE OF B3,DO FEET: THENCE N.eS' J l' 37"[" A DISTANCE OF 19,5B fEET TO lHE POINT OF BEGINNING, THENCE N,OO'28'23.W" A DISTANCE OF 6,50 FEET: THENCE N.69'31'37.E., A DISTANCE OF 21,49 rEET; THENCE 5,OO'28'23"E., A DISTANCE OF 6,50 fEET; THENCE S.89'31'37"W" A DISTANCE OF 21.49 FEET TO THE POINT OF BEGINNING, CONTAINING 14P SQUARE fEET, MORE OR LESS. Tl!MPO"ARV DRIYIWAV RSSTORATlON eASEMENT (DURATION: 3 YEARS FROM COMMeNCEMiNT OF CONITRUC'1lON) '. SKETCH & DESCRIPTION ONLY NOT A BOUNDARY SURVEY '0 80 180 ...--~~ SCALU: ,".80' BY. ~~ (7 <>---E:::: ~llJt:R o. <:~rR. r'1l0rt'SSIUN.I.L IUfM~ . MAPI'I.R ~\OR""" R~QIITI1..11ON ~~Tt N5J.,. ~.,.oz SONlNO OIoIE: 'f _ .? fl' ..,;;l-,- . NOT VNJQ WirMOUT THE OAIGINItl. ImHATUltf.: *: .NSttl (MDOIIW lEAL. or A rLQlltlDA RiOIItIRIC PRO'latoNAL "URYt'l'O~ Nfl) 1l4~!tUt.. ~OR: COLUER COUNTY GOVERNMENT 80AA0 or COUNTY COMMISSIONERS GOWEN GATE J>,ARI'WAY IMPROVEMENTS SKETCH &< DESCRIPTION PARCEL 766 COLLIER COUN'rY. FLORIDA RV~ JOB NUMBE R 01-001511 SHrEi 1 or 1 !' Agenda Item No, 16K4 October 11, 2005 Page 9 of 11 IN THE CIRCUIT COURT OF TIIE TWENTIETH JUDICIAL CIRCUIT. IN AND FOR COLLIER COUNTY. FLORIDA COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, CASE NO. : 03-2500-CA vs. PARCEL NOS.: 155/755 JOSEPH SANNICANDRO, et aI., Defendants. / MEDIATED SETILEMENT AGREEMENT This Mediated Settlement Agreement has been entered into between Petitioner, COLLIER COUNTY, hereinafter referred to as Petitioner, and JAKE SANNICANDRO AND CHRISTINA s. SANNICANDRO, and any heirs, assigns or successors, hereinafter referred to as Defendants, at a mediation conference held on the 9th of September, 2005, with the parties agreeing to the following: 1. Petitioner will pay to Defendants, JAKE SANNICANDRO AND CHRISTINA S. SANNICANDRO, the total swn of $ \ e, ~ \ q . 00 to fully and finally settle any and all claims for compensation in this matter for Parcels 155 and 755, including claims by Defendants for land and improvements taken, severance, business or special damages, relocation entitlements and interest, ( .f) including / ( ) c':t1h'ding:aH ~ -1- ". Agenda Item No, 16K4 October 11., 2005 L e:;:c.<<.p;' o...t+cY" ,,~y ~c f''S 0.\"\6 (l.o lit"$. rov Cl.f~~iaafW<< t'\t "PYcc:-e~o,~s ) \~ Q.'(\,-\) claims for attorney's fees, expert's fees, costs or expenses related to Parcels 155 and 755. This sum paid by Petitioner as compensation for Parcels 155 and 755 ( () is I ( );~ 'P'I8t ~ subject to apportionment by other interested parties. 2. Petitioner shall receive credit for all sums previously deposited in this cause and received by Defendants Parcels 155 and 755. 3. Petitioner shall pay the balance due for Parcels 155 and 755, by deposit into the registry of the Court, within 30 days after receipt by the Petitioner ofa conformed copy of the Stipulated Final Judgment rendered by the Court and referred to below. 4. Petitioner and Defendants will submit a joint motion for entry of a mutually acceptable Stipulated Final Judgment consistent with this Mediated Settlement Agreement within 20 days of this Mediated Settlement Agreement. 5. The Court shall retainj urisdiction in this matter to enforce this Mediated Settlement Agreement and the Stipulated Final Judgment and to conduct any supplemental proceedings, if necessary. 6. This Mediated Settlement Agreement, attachments and Addendum, if any, contain all of the agreements of the parties and every part of every agreement. No oral agreement, statement or representation is binding unless contained within this Mediated Settlement Agreement, attachments. or Addendum. 7. The parties and counsel have reviewed and understand the terms of this Mediated Settlement Agreement and have voluntarily determined to enter into this Mediated Settlement -2~ .. Agenda Item No, 16K4 October 11 , 2005 Page 11 of 11 Agreement without compulsion by any participant in this mediation conference. 8. Defendants warrant that they have full authority to enter into a full and complete settlement with regard to Parcels 155 and 755. .VLL \1cL~ ELLEN T. CHADWELL, ESQ. Florida Bar No. 0983860 Office of the County Attorney Harmon Turner Bldg. 3301 East Tarniami Trail Naples, Florida 34112 (239) 774-840 Cou 1 fo etif er 1Jcuu~Q ~ D,. VANESSA THOMAs, ESQ. Florida Bar No. 0702412 Foreman Hanratty & Montgomery 320 N.W. Third Ave Ocala, FI. 34478 (352) 732-3915 Counsel for Defe ollier 000 Client Represen~ive By: )<~VIN eNI:>1C.'G/CS (please Print) Cli By: -:::r tU( ~ 0-..\1'\ II' I \ ( CI.. II"\. &. V-CI (please Print) Collier County Client Representative By: Client / Client Representative By: (Please Print) Gl,~ t. ~ Alan E. DeSeno, Esq. Certified Circuit Court Mediator Post Office Box 1485 Brandon, FI. 33509-1485 (813) 335-2241 Dated: September 9, 2005 -3- Agenda Item No. 16K5 October 11, 2005 Page 1 of 3 EXECUTIVE SUMMARY - Recommendation to authorize the County Attorney to file a lawsuit after November 1, 200S compelling JC Drainfield Repair, Inc., its principles, affiliate entities or persons, or any combination thereof, to comply with Collier County Ordinance 03-18, codified as Chapter 134, Article IX of the Collier County Code of Laws and Ordinances, including but not limited to, the pursuit of reimbursement of all costs and fees due and owing to Collier County under Chapter 134, Article IX and as otherwise provided by law. OBJECTIVE: To obtain Board of County Commissioner (Board) direction to authorize the County Attorney to file a lawsuit after November 1, 2005 compelling JC Drainfield Repair, Inc., its principles~ affiliate entities or persons, or any combination thereof~ to comply with Collier County Ordinance 03-18, codified as Chapter 134, Article IX of the Code of Laws and Ordinances (Industrial Pretreatment Ordinance or Ordinance), including but not limited to, the pursuit of reimbursement of all costs and fees due and owing to Collier County under the Ordinance and as otherwise provided by law. CONSIDERATIONS: Staff and County Attorney Office is simply seeking to bring JC Drainfield Repair, Inc. (JC Drainfield) into compliance with the Industrial Pretreatment Ordinance. Wastewater from industrial manufacturing processes, trades, or businesses is being discharged from the JC Building which is occupied by JC Drainfield and is located at 768 Commercial Boulevard (property). Consequently, under the Ordinance JC Drainfield is required to obtain a discharge permit and pay the County for all costs incurred to treat the high strength wastes. On at least three occasions, wastewater system lines were blocked by unauthorized substances which were identified as being discharged by JC Drainfield. The County incurred costs to remove the blockages and repair the lines. ,- In an effort to amicably achieve compliance and to obtain monies owed~ on July 27,2005, Public Utilities staff met with representatives of JC Drainfield and the County Attorney Office. The parties agreed that each would take certain actions to fully ensure that the samples taken by the County were representative of the wastewater discharged from the property. Such samples would be monitored as required by the Ordinance until October 1, 2005. JC Drainfield continues to assert that it solely discharges domestic wastewater and that a discharge permit is not required. Although JC Drainfield has been generally cooperative since July 27, 2005, it will not provide the County with detailed hauling records as previously agreed to on July 27,2005, Detailed considerations are on page 2 of this Executive Summary. FISCAL IMPACT: The approximate cost of filing a lawsuit in Circuit Court is approximately $255, If the County pursues a lawsuit and prevails it may be reimbursed for all excess strength fees, repair fees and other monies allowed by law. Presently $76~379.19 is owed for excess strength fees and $4,625.00 is owed for repair fees. These amounts may increase if industrial waster continues to be detected and additional blockages are caused by JC Drainfield. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board authorize the County Attorney to file a lawsuit after November 1,2005, if the Public Utilities Division Administrator and the Countv Attornev determine that such action is necessary to compel JC Drainfield, its principles, affiliate entities or persons, or any combination thereof, to comply with Collier County Ordinance 03-18, codified as Chapter 134~ Article IX of the Collier County Code of Laws and Ordinances (Industrial Pretreatment Ordinance), including but not limited to, the pursuit of reimbursement of all costs and fees due and owing to Collier County under the Ordinance and as otherwise provided by law. --- PREPARED BY: Jennifer A. Belpedio, Assistant County Attorney Page I of2 Agenda Item No. 16K5 October 11, 2005 Page 2 of 3 DETAILED CONSIDERA nONS In 2003, the Industrial Pretreatment Ordinance was enacted to prevent the introduction of any pollutants into the Collier County Water-Sewer District's wastewater system which would interfere with the operation of the wastewater system or otherwise be incompatible with the wastewater system. The Ordinance classifies wastewater discharge as either industrial or domestic. Industrial wastewater is discharged from industrial manufacturing processes, trades, or businesses that have the characteristics exceeding domestic wastewater. Domestic wastewater is defined by the Ordinance as wastewater that contains no more than a specified amount or strength of biochemical oxygen demand, chemical oxygen demand, total phosphorus or total kjeldhl nitrogen. Under the Ordinance it is unlawful for any user of the wastewater system to discharge industrial wastes without receiving a discharge permit from the Water-Sewer District. Further, the Ordinance authorizes the County to seek reimbursement of costs incurred for treatment of the high strength wastes contained in industrial wastewater from the user of the wastewater system. The Industrial Pretreatment Ordinance allows duly authorized employees of the County to inspect, measure, sample and test wastewater discharge into the sewer by all users of the wastewater system. JC Building is occupied by JC Drainfield Repair, Inc. (JC Drainfield) and is located at 768 Commercial Boulevard (property) is believed to be discharging industrial wastes. Over the past two years, the vast majority of approximately fifty samples taken from the sampler located on the property exceeded the limit of one or more of the above mentioned substances. Consequently, the Industrial Pretreatment Ordinance requires that an industrial discharge permit be obtained and that $76,379.19 be paid to Collier County for costs presently incurred by County Public Utilities Customers to treat the high strength wastes. These costs will increase if industrial wastewater continues to be detected. Additionally, on at least three occasions, wastewater system lines were blocked by unauthorized substances which were identified as being discharged by JC Drainfield. JC Drainfield paid for one blockage and approximately $4,625.00 is still owed to the County. These costs will increase if additional blockages occur which are caused by JC Drainfield. During the past two years, JC Drainfield was provided two notices of violation and detailed invoices of costs, In an effort to amicably achieve compliance and to obtain monies owed, on July 27, 2005, Public Utilities staff met with representatives of JC Drainfield and the County Attorney Office. At the meeting, JC Drainfield agreed to install a flow meter on the property, provide the County vehicle hauling records, and allow the County on site to observe its operations. Terms of a sixty day agreement, are consistent with the Ordinance and are incrementally to occur by October 1,2005. As agreed, on September 14, 2005, Public Utility staff, and County Attorney Office staff met at the property and a representative of JC Drainfield provided a detailed tour of its operations. The location for a second sampler and the flow meter were agreed upon by all. A close monitoring of the samples until October 1, 2005 of two samplers on the property will determine whether the wastewater is industrial which requires a discharge permit. JC Drainfield continues to assert that it solely discharges domestic wastewater and that a discharge permit is not required. JC Drainfield will also not provide the County with detailed hauling records as previously agreed. Although Public Utility staff and the County Attorney office is hopeful that JC Drainfield will comply with all terms of the agreement and that compliance with the Industrial Pretreatment Ordinance will be achieved, Board authorization to file a lawsuit is being sought in the event that it comes necessary. If all terms of the agreement are met and that compliance with the Ordinance is achieved by October 1, 2005, the County Attorney and staff will negotiate a Compliance Agreement with the representatives of JC Drainfield which may include a recommendation that outstanding fees and costs due and owing to the County be partially or completely reduced. This Compliance Agreement would be scheduled for consideration by the Board at a regularly scheduled meeting. If additional time is necessary to detennine if the Ordinance is being complied with any deadline may be extended by staff and County Attorney Office. Page 2 of2 Item Number: Item 8ummlrY: Meeting Datil: Agenda Item No. 16K5 OclDbar 11 , 2005 Page 3of3 COLLIER COUNlY BOARD OF COUNTY COMMISSIONERS 161\5 Thii 11em cont!nu~c1 flom th~ SeptembtH '27, 2005 BCe Meeting. Recommendation to aLlthorl1.& th", Cou,",ty Attorn"y to file " law.ult after November 1, 2005 compelling JC Dminllold RGPFlir, Ino., Its prlnclPloK, Iilfhllate enfltlM or pen;ons, or .ny combmatlon thereof to comply with Collier CounlY Ordinance N(>. 03"1B. codifltld as Chapter '34, Artlole IX of the Collier County COdff of LaM and Ordlntlnt:~, including bul I'"\Ot Itmlt.d to, lhe purauit of r$iml;lur!Elment of all co"ts llInd feol'i du.fl ond ()'Njng to Colber County lJl"ldar Chapter 134, Artl!;"l, IX one II otherwise provided by law. 10/11/20059:00:00 AM "". Approved 8)' O.Vld C, Weigel County Attomey County Attorney County Altomey omc. IMe/2005 1:59 PM Olr.ctor .,... Approved By RIIY 6mlth PuMlc ualllte. PoUutlon Control & Pre.....nI1on 9MlI/20D& 1:07 PM tn_rim WasteWater Director ""to Approved B" G. George Yllmaz Public; UfUltln w....brW.lfIr 91I&n00511;'V AM Approved B)' Publlo Utlllllea A.dmlnl.trator ""'0 Jam~ Vol. Oll"LOnv Public Utilltl.. l'ublh:: Utllltlol Adnllnlltratlon 811AI.%OOli 2:07 PM Adnllnlstratl.... AljeleLant 0... Apllroved B)' OMB Coord~n.ro,- County Mllnag&r'. Offtce OtfiGO of Ml'tnltgement & BUdg.t 11181%ODII:61 AM Mltn.,Olm.cnt & Budgel Dlrttetor ""Ie \l'Hi/2.008 10:04 AM Approved By Mloh..' BrnykoWlkl Coultty Mllnf.lger'1l OfflQe Office Of Me"a"ement & Budyet DfIputy County Manager D... Approved By LeO' E. OCh5, Jr. Bonrd of County Conlmlsslonll'r. County Mllnaver'. Offtu 10/5120054:12 PM Agenda Item No. 17 A October 11, 2005 ~eo~ lof 32 A VPLA T200S-A'RS037 EXECUTIVE SUMMARY ,- Recommendation to approve Petition A VPLA T2005-AR8037 to disclaim, renounce and vacate the County's and the Public's interest in a portion of the 20 foot wide utility easement located along the tract line common to Tracts 7 and 10, according to the unrecorded plat of "Naples Production Park", located in Section 36, Township 49 South, Range 25 East. OBJECTIVE: To adopt a Resolution to vacate a portion of the 20 foot wide utility easement located along the tract line common to Tracts 7 and 10, according to the unrecorded plat of "Naples Production Park." CONSIDERATIONS: Petition AVPLAT2005-AR8037 has been received by the Engineering Services Department from Agnoli, Barber & Brundage, Inc., as agent for the petititioner, Suncoast Property, LLC, requesting the vacation of a portion the 20 foot wide utility easement located along the tract line common to Tracts 7 and 10. The utility easement was created by the unrecorded plat of "Naples Production Park" but has never been used. There is an existing building located over a portion of the utility easement. The existing building will be demolished and replaced with a new building which will be located over a portion of the utility easement. ,,- Letters of no objection have been received from the Collier County Public Utilities Division, Collier County Engineering Services Department, Collier County Stormwater Management Department, FPL, Sprint and Comcast. FISCAL IMPACT: Engineering Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of advertising, recording and processing the petition. GROWTH MANAGEMENT IMPACT: There IS no Growth Management impact associated with this Executive Summary. LEGAL CONSIDERATION: The utility easement needs to be vacated in order not to have the proposed building encroaching into the easement. - RECOMMENDATION: Recommendation to: L Adopt the Resolution for Petition A VPLAT2005-AR8037 for the vacation of a portion of the 20 foot wide utility easement located along the tract line common to Tracts 7 and 10, according to the unrecorded plat of "Naples Production Park"; 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 1l81)1 No. 17A October 11, 200, Page 2 of 32 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ttem Number: Item summllry: 17A rM.Ung Date: Thil Item requIres that an p'rtic:~antlS be .worn In and el( parte dl.d05ure be provideld by CommiUlcH'\ members. Reeornrnend.Uon tel approve Petition AVPlAT2005.AR6037 to d'Iclllllm, rel1ounc. .M veCl!lte the Countys eno thll Public, intere,t In a portion of the 20 foot wide utility euemant II.lClled along the tract hn.. oolTVTlonlo Tracie. 7 Ind 10. according to the unrftcordil!lO plat of Naplelii Production Park. loceted in Section;,e. TOWI~lihIP 49 South, Range 25 Eest 10/11120059:00:00 AM A)lproved By Tho""" E. Kucll. P.E. Community o.valop"",nt &. Envlronmltnbll 80rvlnl CDES Engin..rlng leOlle.. OIr."'tor D... COEI Engln..rlng SaNiuI 1111l/2006 8;:08 AM Approved By Band,. L... E..eaJtlva 8lH:f.tary community o.'1elopmltnt & Community o."alopn...nt & Env'ro~hll Servlct" EnvlfonmanQilI SllfVl4a. Admin. Dol. tIt1/2(lCtS 1:119 PM Appro,," By Con5tDm::~ A. Johnson operaUons. A.nillys:1 CommuniI}' o.vCllopment &. Community DevIIQPm4lnt" Environmental Service, En"ltDllmenul Se,l/lcal Admin. ""to 9122120068:00 AM Approved By Jouph K. Schmitt Cammunlty Oe"~l)pment" Envlronmentlll 6.rvIG.* Admlntltrator Community Development" Envlr(Jnmental Servloes Admin. "".. Community Devalopmfe>nt & Environmental sentle.. Dl21120D5 9:4' AM Approved By OM8 Coordinator Adf'ntnlstralJv. Aul$l1int Dolo County Mllna".r'. ameli Offloo of M4nagoment &. Budget t128ii!tl0611:0~ AM ^IJIU"O\'cd B)' Milrk 1'801ll0n BUGIIIII An.lyst afnG8 ot Man"gmMnt & Budget "'.. County Manage-r'll OffIve tf28/200!l11; t3 AM Approved By MIchael 6mykowvkl Management &. Budget DI'1ultOr D." County MGnag(tr'. 0",0' ameli 01 Manaoement" Budget IU2G/ZO0511:1e AM Apprmed By Leo E. Oon,. Jr. B~rd (It county Commlanlonillr. o.puty County Mlnevef "... County M.na~r" omC'(/; 1130(.20052:::13 PM Agenda Item No. 17A October 11, 2005 Page 3 of 32 RESOLUTION NO. 2005- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS FOR PETITION AVPLAT2005.AR8037 TO DISCLAIM, RENOUNCE AND V ACA TE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A PORTION OF THE 20 FOOT WIDE UTILITY EASEMENT LOCATED ALONG THE TRACT LINE COMMON TO TRACTS 7 AND 10, ACCORDING TO THE UNRECORDED PLAT OF "NAPLES PRODUCTION PARK", LOCATED IN SECTION 36, TOWNSHIP 49 SOUTH, RANGE 25 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Agnoli, Barber & Brundage, Inc., as agent for the petititioner, Suncoast Property, LLC, does hereby request the vacation of a portion of the 20 foot wide utility easement located along the tract line common to Tracts 7 and 10, according to the unrecorded plat of "Naples Production Park," and; WHEREAS, the Board has this day held a public hearing to consider vacating a portion of the 20 foot wide utility easement located along the tract line common to Tracts 7 and 10, according to the unrecorded plat of "Naples Production Park," as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners, NOW, THEREFORE, BE IT RESOL VED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following portion of the 20 foot wide utility easement are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. Page 1 of2 Agenda Item No, 17 A October 11, 2005 Page 4 of 32 .- BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida. This Resolution is adopted this day of ,2005, after motion, second and majority vote favoring same, DATED: 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: Jennifer A. Belpedio Assistant County Attorney Page 2 of2 <{t.nN r-OC") .....0_ ,N 0 o -l.!) Z"'" .,...(]) ~Q)ro ==.ga. . ro...... -0(.) cO (1) 0) <{ n ~ T II N~ :.. w -' ~ U tI? :lic: Q: QI.&.~ _CD.. -I-z c~c z-'.... I-D..t; C(:l;:) -'W(:l ,::ac l.oQ:Q: CCD.. l-~tI? Q!Q!W 4:z-, l1.;:)D.. ~ Z I I I I I I I I I I I I I i ... I ?' I S I I :lic: L...Q: "C~ .,... Z c~c z-'.... I-D..I- C,::ag -'W!:l I.l.,::ac cQ:Q: CD.. l-~tI? Q:Q:1.oJ ~z-, D..;:)Q. C[ Z I I ~ III I ~ ~J :: It:; ~. 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I- 1->- :J: ,I- o",,<;:)WI- 1-0 8 z ::IE 2<111 . a.. I-utt: I-I-:::l Qz !I- tt:1.Ll . .... tt:::lC lI)OQl-wl-<t-w aJ ~~ < ~ !il! IX <1:1;:) I-<""ZI-U~ >u .uz Q U < "" a..OD:: <w CWZI:I15 ... l.:l ~!S . I.&J lX~ WIO~I-WW wQ ~~ Z c.: ~ l=a 1-a..1:i UNI-""t..~<zw~ ... ~m z . !"" Z c_ etot...... ~~ .... >- U I-WQ ~~~WC'1:iZ-i=et~ < ~~ ;:) ..JW 1-1- l- t:) . ..Ja..1- !i~9~~~~l!i~tJ z t5a:: >- ~ Ibl ..J<< c <ZI:I utt:<I-_a..<a..NQ u <a.. ID I Q8 ~ ~. ~ ~ ~ > ..... (i) Agenda Item No. 17 A October 11, 2005 Page 7 of 32 Attachment "C" PETITION FORM FOR THE EXTINGUISHMENT OF PUBLIC DEDICATED EASEMENTS RECORDED BY SEPARATE INSTRUMENT IN THE PUBLIC RECORDS (OTHER THAN ON A SUBDIVISION PLAT) ON PLATTED OR UNPLATTED LAND, EXCEPT FOR PUBLIC ROADS 11 V PI.. r::rr za::::>5 _ Petition #: R I? ao '37 Date Received: J1ll~. 2t:f ?Ln5 . Petitioner (Owner):Suncoast Prooertv. LLC. . Address: 3606 Enterorise Ave. City/State: Naoles. FL Telephone: 643-3343 Zip Code:34104 Agent: AJrnoli Barber & Brunda2e Address: 7400 Tamiami TraD North. Suite 200 City/State: Naoles. FL Telephone: 597-3111 Zip Code:34108 Location of Subject Property: 3684 Enterorise Avenue Location: Section 36 Township 49 Range 25 Official Record Book Page (s)_ Current Zoning: Industrial Does this affect density? Legal Description: See attached Reason for Request: Re-Develooment . es D No 7.12jor Date Print ~. Ar0 ~Ut-- (Title) Please see "Policy and Procedure for the Extinguishment of Public Easements by Separate Instrument" for the list of supportive materials which must accompany this petition, and deliver or maD to: Community Development & Environmental Services Division Planning Services Department 2800 North Honesboe Dr. Naples, Florida 34104 (1) (2) (3) (4) If applicant is a land trust, indicate the name of beneficiaries. If applicant is a corporation other than a public corporation, indicate the name of officen and major stockholders. If applicant is a partnership, limited partnership or other business entity, indicate the name of principals. List all other ownerEC E \ '4 E t) JUl' 1. lOOS Attachment "C" Page 4 of4 Agenda Item No. 17 A October 11, 2005 Page 8 of 32 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt Trans Number 584577 Date 1/15/20053:06:30 PM Post Date 1/15/2005 Nbr Appl Name: AGNOLI BARBER & BRUNDAGE Appt Stage/Status: REVIEW STAGE NO. 1/PENDING Address: 1400 TAMIAMI TRAIL N SUITE 200 NAPLES Fl34104 Proj Name: BORAN CRAIG BARBER ENGEL Type: T AZ: 0 Subdiv Nbr: 100 Project Nbr: 2005060005 Payor: BORAN Fee Information GL Account 13113832632910000000 Total Amount Waived 1000.00 $1000.00 Payments Total Paid Amount. $1000.00 $0;001 $1000.00 $1000.00 I Account/Check Number 129213 Total Cash Total Non-Cash Memo: Cashier/location: LEVYMIKE / 1 User: WILlOUGHBY_C Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:1/15/2005 3:06:49 PM fax:292-643-4566 ,q4 2 :)6 ~M Apr 28 2005 '/:1~ ~.U2 10, 2986 . '-P. 2/3 .3412145 OR: 3571 PG: 0223 ..... 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Illccpt .11 I\Ir IIIe curreDI and ........11I ~1In. IllIIIDIIIId '* ralrlcl_ iPIp9tecI ~ fO".mlMlllalllllllorlty.l'IIlritrIont IIld __lit ___.. _IIIWMaieR, .. .......11... 0iI,............ *-- or--.s, iflll', I. WItDeU WheftO~ Jl'IIIIOr Ua llert&atm IC\ "...... bIllI_ ...1 till day iIICI )'tIr rill' tbavc ""hle~ . -....~1.-- ~~~ ..--..- wrf~d OweD Slccl Campaay of Florida dt\Ia SM1 1M Plori4I nIkIa 1M! SIIII ,tIIriutorl otJlklrWa 1IUl.. a JIIarida ~ Jy, ...b? ~ 14. ~ PriatnI ~ A, RINl lit: Vitl~ s....oC....,~ . C_I)' .Df4Wlilaa ~ n. ftwelOlnl ill&lnlllllllt ... .~..d _foR lit ~. .!2.!:.. day DC Jitay. 201M by StMJa, .... lDiII, II .VIoe- pftlidetlt or 0_ S1MJ Company IItFlorida 4/'oIa SM% 111I1 PIoriclt; . Florida aor,onriOll, .nva.1Ml .............. of PIllridt, k. a P10rlda CMl*IIIoD. lIWIf, of' tilt CllIpQrIIion. He ll"!I it .-u, __ . _ If U.... ....... _u~ . .. (NOltl)'SIII) ~ALL #~ PriNa.~: h1I'..L:- If_r! My ColMilttioft 81r,I,.,~ J. (. -en .M_ 1I1~a:. ] 12 . -.. - OealIoII'lheO .. -, \. . ... ... .1104 2:S6PM Fex: 292-643-4566 , Apr 28 2005 17:19 P.03 ,NO, 29B6 i, Vi --NO. 2986-P, 3/3 tt* OR: 3577 PG:,0224 ttt ~ ~.tlCJA ~ C(J;JMCNC[ A T THE IE"ST Jt CORN(:R OF $EC71ON .lB, TOWNSHIP 49 SOUTH, RANGE 28 EAST. COWER CClJNTY. F'LORIDA: THENCE N. 8~' 21' 02," E:., ALONG THE SOUTk EASDJOO UNE OF ENTERPRISE A vrNtJE (~O' WIDE) ,-NO THE EAST ANO KE"Sr N SECTION LINe or SAIO SfCTlON J6 AS SHOWN ON THE UNRfCORt:J!() PI.A r or NAPLES PRODUCTION PARlG PREPARED BY KfLSON, CRE!N. MIU.ER lit sou. (OA TE:O FEBRUARY, 1968). FoR tl45.~5 FrET, TO THE NORTHEAST CORNER OF THE PR~RTY ~5CRJ8fO L"I O.R. 12er,PGS. 87 THR04JGH 8' AND FOR A POINT OF BEGlNNIN(;,' '!HENCC cOI'/1'f1IIt,JtftG' .4LONG SAI{) ]I SE:CT1OH UNE N. 89' 21' 02" E. FOR J10.98 frET. TO A ",/(: NAIL AND DISC MARKING- THE. NORTHUlST CORNER Of 7K NORTH 11 OF' '!HE WfST M or tHE NOR'THW!ST X, OF 1I1E' NORTHEJ.S.r N, OF' 'TJ1E: SOUTHWE:ST JI at: SAID SE'CTrON' .16. Less THE EAST 180 FEET THE:RfDf': THeNCE S 00' 10' og" It. ;LONG 'THE MES'7 UN( Of ,THE. I'RCJPtR,TY DtsCRf8E:rJ IN o,R, 2792, Pc. '2432 (EAST 1!O' or M ttrST ]I OF TH! NORTHWEST 11 OF" THE. NORn-tCAS.T K ,OF THE SOUTH'ltfsr J{ OF SAID' SECT1CN .16). FOt? Uo.21 FIFT. TO THE 'INTrRSECllON ..r11t THE EASTrRL 'f EX~SlON OF TrI! SOUTH UN! OF mt , PROPCRrY OCSCRIBED IN O.R. fJ'O()I( 8U, PACES 20 THROUCH 2J OF THE PUBUC ReCfmOS OF' COLLIER COUNTY' nORIDA; THF:NtE WTH 'SAIO ~TE:NSJON' AND SAID SOUTH PROPERTY -LINt, S. 8" 20' 31" W. FOR .J! 1..95 rFET. TO THE SOUTHE:AST CORNER or THE ' , PROPERTY DESCRI8E:D IN O.R. '128', PQS. 87 THROUGH 89 (CAST 11 OF THE PROPfRrY DFSCR.IBED IN o.R. 8001( 81.1. PAGES 20 TrlROUGH 2J 'OF" SAID PLlSl..IC P.ECORlJ$): TMENCE.- N.. 00-20-56 t.. MfTH THE ItGT UNE OF' Tfof! ArORaJEN7IONtl; EAST JI AND THE NORTrlERL Y EXTE:NSJON THEREOF' AND THE EAST LIN[ OF THE PROPERTY DESCRJBW IN O.R, 128t, Pas. 87 THRDUGH 89. FOR 430..27 fE[T TO THE PO/NT OF 8fGlrtNlNG. bh1b1t "A" Agenda Item No. 17 A October 11 , 2005 Page 10 of 32 Parcel ;;. Page 1 of 1 Agenda Item No. 1 TA October 11, 2005 Page 11 of 32 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2004 Tax Roll Inquiry System I OWNER INFORMATION I I Name:llsuNcOAST PROPERTY LLC I I Address:1l3606 ENTERPRISE AVE I I Address: II I I Address:lI I Address:1l I Address:UNAPLES, FL 34104-3608 I VALUE/EXEMPTIONS I Market value:1l863853 I Taxable Value:1l863653 I Millage Code:1l023 I Homestd Ex:llo I Agricltr Ex:llo Widow Ex:lIo Blind Ex:llo Disabled: II 0 Veteran Ex:1I0 Wholly Ex:1I0 Civilian Ex:llo I PROPERTY INFORMATION I I Parcel:lloo271920003 II Acre:!I1.53 I I Loc:1I3884 ENTERPRISE AVE, NAPLES tMaDl I I Legat:1I3849 25 W 150FT OF N 115FT OF I I Legat:lIs 1/2 OF W 1/2 OF NW114 OF NE I ~I114 OF SW114 AND W 150FT OF N I I Legal:U112 OF W1I2 OF NW114 OF NE1/4 I I TAX INFORMATION I PAY TERMS I PAYMENT INFO I I County:1l2.762.08 I Nov:1I10,907.14 I Paid Ot :/112110104 I I School St\l2,514.58 I 0ec:1I11,020.75 I Recpt:1I89495 I SchOOIIoc:1I1,613.34 I Jan:1I11,134.37 I Mach:U09 I City Tax: 110.00 I Feb:!I11,247,98 I Paymt:1I11,020,75 I Dependt:\I641 ,02 I Mar:!I11,381.60 I Mort: II 0 I Water: 11349,42 I Apr:llo.oo I STATUS INFO. I Independ:U1,059.32 I May:1I0,oo I Voter Appr:llo.oo , I Now Due:llo.oo I Non Ad va:llv * Gross Tax:1I11,361.60 I InstalimentllN Deferred:lIN Appr 'ee:llo,oo I Bankrupt::!IN Advertlslng:llo.oo I TDA:llo I COMMENTS 1* Non Ad Valorem Amount Included in Gross Tax I NON AD VALOREM INFORMATION /Type IlAuth # IlAuth Name Ilper \IAmount ICommunity Improvement 119009 [INAPLES PRODUCTION PARK \lAMT TF 112,421.86 . I IOF SW1/4 OR 1856 PG 751 EXTRA LEGAL INFORMATION Last Updated: 6/112005 5 :OOpm http://www.colliertax.comIRecordDetail.asp?FolioID=00271920003 &TaX Y ear= 6/2/2005 ... Page 1 ofl Agenda Item No.1 TA October 11 , 2005 Page 12 of 32 Parcel Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112-4997 2004 Tax Roll Inquiry System I OWNER INFORMATION I PROPERTY INFORMATION I I Name:llsUNCOAST PROPERTY LLC IPa~':1I00272380002 II Acre:1l1.08 I I Address:II3606 ENTERPRISE AVE I Loe:U3884 ENTERPRISE AVE, NAPLES (Map). 1 I Address: II I L8Qal:1l36 49 25 E1J2 OF NE1J4 OF I I Address:1I ~INW1/4 OF SW1/4, LESS R1W, I I Address:1l ~ILESS S 345FT, LESS OR 457 PG I I Address:llNAPLES, FL 34104-3608 I Legal:1l2691.08 AC OR 1856 PG 751 I I VALUE/EXEMPTIONS I TAX INFORMATION I PAY TERMS I PAYMENT INFO I Market VBlue:117470BO I county:1I3,109.27 I Nov:1!12,198.33 Paid Ot :1112/10104 I Taxable value:117470BO I School St:1l2,B30.69 I Dee: 111 2,325.39 Recpt:1I8M94 I Millage Code:llo23 I schoolloe:1I1,816.15 I Jan:1I12,452.46 Mach:lI09 I Homestd Ex:1l0 City Tax: 110.00 I Feb:II12,579.52 Paymt:I!12,32S.39 Agrtcltr ex:llo Dependt:1I721.61 I Mar:1I12,706.59 I Mort: I! 0 Widow Ex:llo I Water: 11393.34 I Apr:1l0.00 I STATUS INFO. Blind Ex:llo Independ: 111,192.49 I May:nO.OO I Disabled:110 Voter Appr:llo.oo I Now Due:llo.oo , Non Ad va:llv Veteran Ex:llo ... Gross Tax:I!12,70e.S9 Installment:IIN Deferred:IIN Wholly Ex:1I0 Appr fee: 110.00 Bankrupt::I!N Civilian Ex:1I0 Advertlslng:lIo.oo TDA:1I0 I COMMENTS 1* Non Ad Valorem Amount Included in Gross Tax I NON AD VALOREM INFORMATION IType IlAuth # lIAuth Name IIper I!Amount ICommunlty Improvement 119009 IINAPLES PRODUCTION PARK IIAMT TF 112,843.04 Last Updated: 6/1/2005 5:00pm http://www.colliertax.com/RecordDetai1.asp?FolioID=00272360002&Tax Y ear= 6/2/2005 e C![J ! [!J Ci!I E ! f AgeAiia Item ~7 ~ r!E1 111 .. ~ ~ October ,20C ~ I ID .... Page 3 of.; IJ!II :m ! iiil ~ .... Il!J g B!!I ..... '" .... .. .... ..... -- .....tl - 111 .. 8 IE .. ! ! IE IE ~ e ! ! ~ ! [!J [mJ [l[J ! ! C!!!J llD L",.", I @) . ..... .... ----...--------- - - -. ..- ------- ------ ~...tJ2ln ENTERPRISE AVE. .. ..- ItA .... '" I .. -----.J 11m . I I R Ii!l R ; I [J!] em IJ!J , I:EJ I I l!!!I ~ . I " . I CD i ~ ~ I!E!J [!J I 121 I ,~ I I I .... .. .r. I -.... : I I ~; ; . IE - "'.. I Cl[J Il!iI -- ... I I ~ ,..... II IE 5 [ID i ..., ~ II . II i i I i lEl iu q [MJ i D ~ lEl ; I I I!!!I ; I : .'u. ..... _u ..... ..... ".11 --...---. ---...-------- ------ I -- -- EXCHANGE AVE. , ~ I .... _." ..... ....."" ..." I r I ~ ; WJ i em ~ , ; llm . G!J [!J [!!J . i I 1/ IE IE lem I ..... i I , I = -.at .. ..... ...AI ...AI E8 4AI28 ..... ..... .... .. 17 PG U,25 N 'B 18 PO 40-42 'B 22 PG 82-84 ; 130 PO 1.-81 . [!!!J . [E] i . ~ PB 31 PO 33-35 CD ..lEI em lEI 1/ em l!!I IlD IlD PB 33 PO 45-48 I '8 38 PG 31-38 I B 38 PO 39-tO ..... "B3 PG58 ..... -------- .... .. ------ 1A PB 13 PO 58 PROSPECT AVE. -- -- - 1B PB 15 PO 7-8 - - -------------- .... .... I --. ..... CTlON PARKPHASE II PB 20 PG I3-M .. .. cnON PARKPHASE 3-A PI 22 PO 51-80 : 114 PO 27-28 1-82 . lE . rn:J ~ m!I . . PARK PI 10 PO 114 . " R IlSION PB 41 PO 15 . I PB 34 PO 85-88 I V< P840 PO 47-48 I ! IE , PO 20.21 . [g] lJD; I!!I I .... ..... .... PI 28 PO 38-38 I .... I -..-.... --.- -_.. P~SE.~M E.I-J-r MR1> 114S.n ::J' ~ ~ '-' >- a::: <I ~ 5' Q:l' r: I~~ Q: 'NN l.:i '~::I ~ Ir\~ It I~~ i~~ I I I' ------- ------- BASIS OF BEARINGS -+___i+__ Ii NB9.i!i!'21.E 310,63 (F) EXISTING GUY littlE TO REMAIN ! ~;.;- ...... .. ; I I UI ~~I << I ~~I -<;; I --I lil ~~ ~ I ~::; ::; ~i i I r~ ~ I I I ~ ji PORTION OF 20' UTILITY EASEMENT TO liE VACATED I I I SB9-2(l'Oll.'" 169.<47 en --+-- _ _ ~.:.O~\~~8~ ~ __ Sl!'r!o'ee'loI 143~7 (rl !.8!.'~ _1~3~) _ _ S89.20'12'''' 312,S4 (F') NOJJ BRR .. UNDAGE_ Prof..>>DI1 .llfIuen. plannen. ~ )au .urft)'Ol'f =-~= j'::=~.::t-=l::=:: ::: ==== ~ ., _______ .... ... ... ~ _ ... __ 1.........._ OI:SlGN!:O S Y: MK OIlAIIN SY; VS CHECKto SY: A 1IE:1A!:l+f:D BY: SCA~E:: 1"= 60' OArr, os ;} 05 OAn:: DAn:, OArr: "'CAD OM;; P~oT IAEW; Agenda Item No. 17 A e .. ;i I i" ; l 11_ _ , l. 1 ~ ,5 '.. ~,., ~ -~ ~ ~ .; i rU~OU1"r'D BUILDING U'TIIA~IC~ F'RDNT . ~. SIDE . :50' REAR . llO' ASS ""MCT NO. 04-0128 T NO. 1 OF 1 FI~E: NO. 9126- EXH <(iDN r--OC'? ..- 0 __ ,N 0 o -"" Z""'..- ..- E....(l) Q)(l)0l _.0('0 ...: -00.. ro- d -at) cO 0: CD Ol ~ <( 0 U') II N - ~ ... w -' <[ u Vl ~ ~ 0:: Ol.&.<t 0:: ~Co. ,,15~ .....Z .....Z C<[C Z-'.... O<[C ....o.t; %-'- ....0..... CJl:l:;:) U -'l.&JCl ~ CJCli3 l.&.ClC i -'l.&J 00::0:: LL..l:lC co. 00::0:: ....~Vl co. :)I ....~Vl ct:o::l.&J - <[Z-' r; O::O::l.&J 0.:;:)0. <[5-' l') 0.. a. <[ i z <[ z ?' ~I i I I ~ Ii i"~ i ~!J ~ >- >-" to 11;. ~'.1 ;:l ed. ~ -"~. :='Q ~ ~"' 2~ I I;~ ~ I I~: i' a.. 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I M .\0 ....44' . r,....~ - e.e~"c-. , . .. ~tl'" ," _!"~~ ,'" , . ..~"';": - ...:.., ~G-'~.,.....,.'''';'.- So '0 ".Co!!.. :. 11 ~W/~;1\"'S~E"i_.~ ' V c'IIS:.' p-+ ,':'; . - d <0""',0 ~ i~ 0' i .....41 hi 0 'Z.c-4" "':-''''1' ':', . n 1....."1 \., foe- ,u .', , . COpy OF PLAT "NAPLES PRODUCTION PARK" (UNRECORDED) - ^.,...-.. BB/22/2~e5 el:41 9417322595 CC ENG PLAN RIXIM Agenda Item No, 17 A October 11. 2005 PAGF>a~ 1 tI%f 32 . '~I P.asI r......1nIl . NIflJn. fIorIda 3-41 U · (z!,) 7,2.2S'7; .'AX (139) 7,32.Z516 COWER COUNIY PUBLIC UTIlITIES DMSION' August 22, ZOOS Victoria 1 Sweet Agnoli, Barber IJr. Brundige, Ine, 7400 TamiBmi Trail North Suite 200 Naples, Florida 34108 Subject: BCBE Office Building Easement Vacation R.cquest Pear Ms. Sweet:' Thi.s office:: has reviewed your request to vaeate the utility ~.'ements within the abo've referenced property . The Collier County Water-Sewer District has no facilities that would be affe<=ted and we therefole have no objection to the v.acation or the easementS, Should you have hny:further que$bOu$. please fe:l free to contact me at 23Sl.132-2S7L Sincerely, , ]~:tt. D~ Opera1:ions AnalysT CO~ Paul M.l1ttauseh. Wa,t~ Director Josepn Chutham, WU1ewatcr Direc10r Ride Grigg, Land Sl'l.1'Veyor. Community Dc:""elopmcnt 8:\en&lIk:QiUlleeh\~8II1HR).W.I_UOO!l\be~ ef!.lc:~~!".dQcM '" ~ ....I\:ru .... . .... GNOU . .11..iB '1..1.. !A.RBER & ......iB ....... n1IJNDIA'GE, ...... ~ ~ ~ Agenda Item No. 17 A October 11, 2005 Page 19 of 32 1'rofessiona! engineers, planners, surveyors & mappers June 21, 2005 Mr. John R. Houldsworth Senior Engineer 2800 North Horseshoe Drive Naples, FL 34104 Re: BCBE Office Building Request for "Letter of No Objection" To The Vacation of a Utility Easement, ABB PN 04-0128 Dear Mr. Houldsworth: We are proposing to vacate the utility easement located at 3684 Enterprise Avenue. Enclosed are a copy of the sketch and description for the proposed vacation and a copy of the current aerial showing the existing building on site. To the best of our knowledge the easement located on this property is currently not in use by your utility and has an existing structure over it. The lot is going to be re-developed and we are requesting that it be vacated. If this vacation would be acceptable to your office, please sign this letter and return it to our office in the enclosed envefope. If further information regarding this proposal is required, please call our office at your earliest convenience. S~/_J Dominick J. A.m1co, Jr., P .E. DJAlvjs Cc: Rick Dykman Enclosures ,. OS-124SvS.ltr I have no objection to the proposed vacation. J~'\-\ Colher County Engineering Review Services ,JO ~'lA.,~~~'E... J... ~ 6~ .' Main Office: 7400 Tamiami Trail K, Suite 200. Naples. Florida 341 OH ,23<J) ~97.3 ] t 1 I'AX: (23\1) 566-2203 Lee County: 9990 Coconut Road, Suire 103, Bonila Sprilli\" Florida 34J 35 (239) 948.8663 I'AX: 1239) 498-2716 "rw1.\'.a bbinc.('.0J11 ee/~~/'0e5 11:4a 23'353 E1E.'::' Pl1 e:NGINt:r.~rNG Agenda Item No, 17 A ~beAojl1~~005 Page 20 of 32 COUJERCOUNTYGOVERNMENT COMMUNITYDEV1l.OPMENfAm>ENV'IRONMENTAL~ DI\'lSlON' E..nPaeenaS Senices Dclp:u'tmenc l800 N. t1oncshoe Dr. · NapIa, fIodda ,41Gt · .1)9.6,,.'1" · fa .2,9-64""" ,"",to ,collie'l'. ft. us Augu~t 26. 200,. Mr. Dominick Amico. Jr. P.E. ^*".of~ Barber and itnHIdlgc. mc:.. 7400 Tamiami Trltl North, Suite '200 Naptes. f'L 341 ~~ kE: Vaution ofUti1i1y Basement Parts of Lot. 7 Ilnd 10. Uft1"ecorded Plat or Na!)le.!l Pl'odlleUon PArk. ~lSI4 Entet1'f1,e ,a.....Ct1ue LcttCt' ('If'No Objection DeftrMr Amico: 1 have re....iewed your ~ue-st for the l'fO!)Oled vacation of a utUlty e:uement located on ,:raft of tOt" and . part of Lot 1 (') in the- unrecorded",., of Naples Productic," Park with 1\ 'Deal addre~$ (lf3684 Enlerprl~c: Avenue based upon information you M\le ~mvldf:d to me, T hive nb objections to the reque,ted "leaHen oftlTe utility easement. The final dec:.;sion to apprO"le or deny * requened caSentl!'!nf vacltion n:su with l"C Collier Cexmty Board of County Commissioners. Jfyl,"lu dcsireto 1"1"ue the oalil:m~t vacation. you ma30' use this l.et~r of No Obj~rio" as a plitt of the req\1tred submittals. You will bfl iivel' the opportunity to clear\y present )'out request tn the Commi~~;<,ners during B resularl)' icheduttd BOArd of County Commissioners rnec:tini' Thi, Lener of No Objectton ~eI'IU the position ofthc: Cotll~ County S10rmwater Mana.acml.ll'\t ~a"ment Il1Id the 'E!.n~ineerinI9crvi~ J)l:pllrtmenr l"le3M1 contact Mr. R.lek Grigg at 659.$73 J feT' ftlMher infortM~<'In you may "celt to, liUbmit res:\rdITl& this plll1iAI dt.inase easemc:nt vacation. 'fyou have any qvest;01"IJ plea!le do not hesitate to ~onta;t my OmCt, Sil~eerely. ~:~~ Prinr-Ip.l P~iect MfmAB'" ec: D,E, Vacellon Fill; "JfE.SDI1.0~(l ReQUt'~I~l'rJ. 'E1\tcTpriM: Me elilhy F.SllIt VXQt\O!\ LOl'O 01 11/), .c::.: . t~~ ~ . c .. Of . -----~ . Agenda Item No, 17 A October 11, 2005 Page 21 of 32 t', Ii 'l"r4.l1 ,"''',_1111,,'110, 1,1.t:111I.':'" 'd.I'\\'\,,,,,, ~ r:i',l'l\"I', June 21. 2005 FPL Engineering Department 4105 15 th Ave. S.W. Naples. FL 34116 Re: aCBE Office Building Request for "Letter of No Obiection" To The Vacation of a Utility Easement, ABB PN 04-0128 Dear Site or Madam: We arc proposing to vacate the utility easement located at 3684 Enterprise Avenue. Enclosed are a copy of the sketch and description for the proposed vacation and a copy of the current aerial showing the existing building on site. To the best of our knowledge the easement located on this property is currently not in use by your utility and has an existing structure over it. The lot is going to be re--developed and we are requesting that it be vacated. If this vacation would be acceptable to your office, please sign this letter and return it to our office in the enclosed envelope. If further information regarding this proposal is required. please call our office at your earliest convenience. ,Jr.; P.E. DJA/vjs Cc: Rick Dykman Enclosures OS-124SvS.lIl' sed vacation. \ 1.'I! l(h..'_ n- '.: t II.l;'.l\ 1 I., 1 ( . ," , . ' ,~ ' ~ ",', : . . . '. 'I I I.; .": ; \J}.j . ~ . - , , \ I .\\ .:,', ,111.,[,; .'t. '.; I" .;' ',',1.\. ,;., .:/)111 ...!!a .II.~GNOU ..1811 ... ~ER& -111.1 Ii Jill iBRUNDAGE, INe. .~~ ...:..\:l.....~ .~ Prnt~~sional cn~incers, plannc.'rs, S\lr\'c..yors & In;'lppel'S June 21, 2005 Engineering Department Sprint United Telephone System of Florida P.O. Box 2477 Naples, FL 34106.2477 Re: BCBE Office Building Request for "Letter of No Objection" To The Vacation of a Utility Easement, ABB PN 04-0128 Dear Sir or Madam: We are proposing to vacate the.utility easement.located at 3684 Enterprise Avenue. Enclosed are a copy of the sketch and description for the proposed vacation and a copy of the current aerial showing the existing building on site. To the best of our knowledge the easement located on this property is currently not in use by your utility and has an existing structure over it. The lot is going to be re-developed and we are requesting that it be vacated. If this vacation would be acceptable to your office, please sign this letter and return it to our office in the enclosed envelope. If further information regarding this proposal is required, please call our office at your earliest convenience. S~lllj Dominick J. ~!rf- DJAlvjs Cc: Rick Dykman Enclosures OS.1245vS.ltr I have no objection to the proposed vacation. . . ~~ - !1J&f(.IM~ :it-EJ.~ Sprint Unit d lephone System of Florida. ' Mai.n Office: 7400 T.\1l1i,1ilil :.r.1il ".. Suire 200, 1':11'10. Horid" 3-11 Oii I. 1.i'I ! S<J7. 3111 FAX:, 239 i :;6('1.1211.' loKe County: l/990 (~th'I'I;I!l k:l;H.f. Suit!.' 10.1, !\c)i1iLl SJ1!'il1.!l..~~ Flilrid~! 341.~5 11,,9; <.)-i.:\ N()(),'; F'\~,:: (139 4<.J~.271() w\y\v.abbinl" .(;On1 j /, , ---, 't~/H:l 39lii'd @omcpst 26930 Old US 41 . Bonita Springs, FL i 34135 Phone: 239-732-38Q5 FAX: 239-498-4483; \.~ September 7, 200S Agnoll, Barber & Bruzldage, Inc C/O Victoria Sweet ; 7400 N Tamiami TraifN Suite 200 Naples. FL 34108 . Re: 3684 Entetprise Ajv Vacate Right-of-Way and/or Utility Easement Dear Victoria Sweet. : I Agenda Item No. 17 A October 11, 2005 Page 23 of 32 This letter will ~erve to inform you that Comcast bas no objection to your proposed vacation ofl?ght-of-way and/or Utility easement of the above referenced location. j Should you reqpire additional information or assistance. please feel free to contact me here at 132-3805. Cordially, : JttL~ Mark Cook i Design Coordinator i .LSlii':lIo<lOO e:St>'i'86t>!t:06 ;'t:~1 see~/S0/6~ <(1.0 r-O .,-0 .N -^ ;orn 'l4 WJdIrH b.tt.p,f lIllID m!PIlIO oon lIIIlClO~ r*iI.... 'Po..... .Ll8IHXI SN()UJ(INro 0NLLSIXiI -- ~ " ! I ;. i I I I ~ .w I II ~ I Ii I, I :U!! Vl.. ePi her ~ ~ ~ ; !, n !! ~ ~ ~ ~I ,I ~ ~ ..A..e<>1'lm8SD 01 .. d ~! > .. ~I ~i~ i !~ Id ~ ~;; IiI i ~!i ~i ~i~ ~ ,. ~ ~ n~ ~r;~ ! ~ ~ c !i2~ ~~a d ~~~~ i~" d~ ~ el!l~l~t ~~I ~~~ 12 too........ M -2 ~IIR ~ I ~ u ~t ~! li~" ; ~~~~~~~ ~d~i~ ,~.I/IC!'''~;' ~ .. ~ 11241 11421 It! @ 00 .. 00 .. ! 16U& 1lI4Jl6 <(U")C'\l I)!] 12lI.ll ,g,.1' 100 r-O(") ~O...... 1....12 ".... u 12411 . o -10 - Z~C'\l .. E....C> IE 00 ~ Q)C>0l _.ern I -00.. I ro- .H[1] .. ~~ - . .. Co .. - .. -. 2sO .. w ~~ 2Il1,a <( 1 2ll8. 1 1 12861 ii 12lI.ll 101.311 lDO 1II.2of ""'.12 ......12 -- - OR 1643/1876 OR 165812385 ----------- OR 164112179 -------------- [][] I][] ~ !f . .. ! .. i ISO.11 12501 146.51 ~ 1114.12 162 IAII 114.1 1lW.' . - [E I~ OO~ ~ W 0 W W [ill W .. o .. ij Is Is 00 Co rn!I Co I'~ II 0\"'\ ~l i' L~--- ----. ~ 111U7 ...111 ..... ------ - -- ,..... ------- OR 164112179 . . I .~ a ~ :: ~ i \I) ... 12911 T~. .. ,.: . . .. a .. S"> Ii IJ!] 00 [255J ~ l{)~ []!] ~: \ow ~ ~. lUte . :.,...J ~@' i -~ :. lJ!J \J . m . . ~ . . } . . . . - '132 32723 ~ .. 153.11 : . \l\ 1115... . . . il 112.83 111I mJ ; - 114.11 1:0-'1' c. H Q,lJ6t 32llJl1 lI! mJ .. ~~~ e.6o. I CEl I H4Nt P - ffi!] .. 17tl.D7 I I ; i .. i 153,21 '" ~llZ FS. ~ \\:J ~ ; [EJ -J~ 11I.&4 EXCH 176.34 DO ------------ .- ca_ 164,1 A~A.t" ,.. -WlAlR" Nt.," [E] ~ rID I1!J .. 12921 ! 11461 i .. i _.&4 = .1 wi 146.21 ~ lUll Details Agenda Item No.l?~&e 1 of 1 October 11, 2005 Page 26 of 32 - Current Ownership Property Add...... 3780 ENTERPRISE AVE Folio No.~ 00280200002 Map. II Own.r Name SIMMONDS, E BERNARD-& L YNE B AcId,..... 4408 EXCHANGE AVE STE 105 City NAPLES II Statell FL 1 ZiP. 34104 - 7024 Legal 36 4925 E 180FT OF N 115FT OF S1/2 OF W1/2 OF NW1/4 OF NE1/4 OF SW1/4 AND E 180FT OF N1I2 OF W1/2 OF NW1/4 OF NE1/4 OF .For more than four IIn.. of Leu.1 De.crlptlon pl.... call the Property Appral..,.. Offlce. Section II Townahlp II Range Acre. Map No. ~ Stnlp No. 38 49 25 1.84 4A38 492538 200.oo04A38 Sub No. ~ 100 II ACREAGE HEADER 1) Mlllallle Area II 1)~ 1) Use Code 49 IMPROVED INDUSTRIAL 23 13.4705 Land Value S 782,000.00 (+) Improved Value S 1,1598.00 (-) Market Value S 783,596.00 .L.) SOH Exempt Value S 0.00 (-) As.....d Value S 783,598.00 no) Homestead and other Exempt Value $0.00 (-) Taxable Value S 783,596.00 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll I 03 ~~~01 ~ :;:: ~ :::: Amount S 599,900.00 SOH = .Save OUf Homes. exempt value due to cap on assessment increases, -- The Information Is Updated Weekly. http://www.collierappraiser.comlRecordDetai1.asp?F olioID=OOOOO00280200002 6/3/2005 Details Agenda Item No, PAge 1 of 1 October 11 , 2005 Page 27 of 32 FOliO No. 00278640001 .MaR Owner Name HAMPSHIRE INVST CO Addre.... % FIBBER MCGEE'S CLO 571 AIRPORT PULLING RD N CItv NAPLES lr Statell FL . Zlpll34104 -3511 Legal 36 49 25 S1/2 OF W112 OF NW1/4 OF NE1/4 OF SW1/4, LESS N115FT, LESS S 30FT RIW 1.40AC OR 827 PG 868 .For more than four lines of Legal Description please call the Property Appnllser's OffIce. Section II TownshIp Range Ac.... I Map No. ~ Strap No. 36 49 25 1.4 4A38 492536157.0004A36 Sub No. I 100 ACREAGE HEADER ""!l Use Code 48 IMPROVED INDUSTRIAL 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll unci Value S 580,000.00 II+~ ImDroved Value S 510,010.00 (.) Market Value S 1,070,010.00 (-) SOH Exempt Value S 0.00 (.) Assessed Value S 1,070.010.00 (-) Homestead and other Exempt Value S 0.00 I.) Taxable Value S 1,070,010.00 Book . Page II Date Amount SOH = .Save Our Homes. exempt value due to cap on assessment increases, - The Infonnatlon Is Updated Weekly, http://www.collierappraiser.comlRecordDetail.asp?F olioID=000000027864000 1 6/3/2005 Details Agenda Item No. ~e 1 of 1 October 11 , 2005 Page 28 of 32 Folio NO.~ 00273440002 Map -- Current Ownership Property Addre..13873 EXCHANGE AVE Owner Name EXCHANGE REAL ESTATE LLC Add,..... 2218 LONGBOAT DR City NAPLES II StllteR FL T Zlpll34104. ??oo Legal 364925 COMM AT W1/4 CNR OF SEC, N89DEG E981.99FT, S315.3OFT,N89DEG E 327.83FT, S 115FT TO POB, S01DEG W 230.32 .For more than four IIn.. of Legal D..criptlon pl.... call the Property Appl1lIM"a OffIc.. Section II Township II Rang. II Acr.. II Map No. 38 49 25 0,75 4A38 Sub No. I 100 I ACREAGE HEADER I 11 Millage Area -'e Mlllaae '1J Us. Cod. 48 IMPROVED INDUSTRIAL 23 13.4705 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll LIInd Value $ 300,000.00 (+) Improv.d Value $ 290,106.00 (-) Market Valu. S 590,106.00 ~ SOH Exempt Value SO.OO (-) Ass....d Valu. $ 590,106.00 I (-) Hom.stead and other Exempt Value S 0.00 (-) Taxabl. Value $ 590,108.00 Date Book. Page Amount 12/2004 3708 .3031 $ 975,000.00 10/2004 3883 . 2883 $ 775,000.00 08/1994 1974 -1990 $ 545,000.00 02/1989 1418.1185 $0.00 SOH = "Save Our Homes" exempt value due 10 cep on assessmenllncreesea, - The Information Is Updated Weekly. http://www.collierappraiser.comIRecordDetail.asp?F olioID=0000000273440002 6/3/2005 Details Agenda Item No. fMe 1 of 1 October 11 , 2005 Page 29 of 32 - Current Ownership Property Addre..113627 EXCHANGE AVE Folio No.1I 00273380001.MaJt II Own.r Nam. LONG RUN LLC Addre.... 3170 HORSESHOE DR S City NAPLES II StatelFL R ZlpU 34104 - 8137 leg81 3649 25 COMM W1/4 CNR, N 89 DEO E981.99FT, 8430.30 FT TO POB, N89 DEG E182.83 FT. 5200.21 FT. 889 DEO W "For more than four IIn.. of L.g.1 Description p..... call the Property Appraiser's Office. Section ~ Township II Range ~ Acre. ~ Map No. II Strap No. 38 49 25 0.75 4A38 492538053.0004A36 Sub No. ~ 100 I ACREAGE HEADER 1J U.e Code 48 IMPROVED INDUSTRIAL 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 S 300,000.00 I (+) Improved Value S 217,132.00 (-) Market Value $ 517.132.00 · (-) SOH Exempt Value $ 0.00 (-) As.e.sed Value S 517,132.00 (-) Home.tead and other Exempt Value S 0.00 (-) Taxabl. Value S 517,132.00 Date Book - Page Amount 10/2004 3669 - 1.28 S 1.125,000.00 08/1994 1974 -1990 $ 545,000.00 SOH = 'Save Our Homes. exempt value due to cap on assessment Increases, - The Infonnation Is Updated Weekly. http://www.collierappraiser.com/RecordDetail.asp?FolioID=OO0000027336000 1 6/3/2005 Details Agenda Item No. .I?".le 1 of 1 October 11, 2005 Page 30 of 32 Folio No, 00274920000 MaR OWn.r Nam. MARCH, THOMAS A Add....... 3783 ENTERPRISE AVE CItv NAPLES II Staten FL a ZIPU 34104 - 3807 Legal 36 4925 E1/2 OF S 344.30FT OF W112 OF W112 OF E112 OF NW1/4, LESS RIW 1,14 AC OR 1302 PG 2201 WFor more than four IIn.. of Legal Description pl.... call the Property AppralMr'a OffIce. Town.hlp II Rang. II Acre. Map No. I Strap No. 49 25 1.07 4A38 492636 084.0004A38 100 ACREAGE HEADER .IfJ MIII.ae Area I .IfJ MIII.as 12 IMPROVED COMMERCIAL 163 13.4706 Section 36 Use Code 2004 Final Tax Roll Latest Sales History If all Values shown below equal 0 this parcel was created after the Final Tax Roll Land Valu. $ 454,750.00 (+) Improved Value $ 248,002.00 (-) Market Value $ 700,752.00 ~ SOH Ex.mpt V.lue $0.00 (-) As.....d Value S 700,752.00 I H Home.t.ad and oth.r Exempt Value $0.00 I (-) Taxable Value S 700,752.00 Amount I s 440,000.00 Book . Page 2580.1470 II SOH = .Save Our Homes. exempt value due to cap on assessment Increases, - The Infom1atlon Is Updated Weekly. http://www.collierappraiser.comlRecordDetai1.asp?FolioID=000000027 4920000 6/3/2005 Details Agenda Item No. fMe I of 1 October 11, 2005 Page 31 of 32 -- Current Ownership Property Add.....113727 ENTERPRISE AVE J Falla No.11 00272880009.Ma1l II Own.r Name JACKSON TR, BETTY JEAN Add....... UTD 8-22-80 PO BOX 80287 City FORT MYERS II Stlltell FL U ZID1I33908 . 8287 Legal 3648 25 S1f2 OF W1/2 OF S &Sa. 8FT OF W112 OF W112 OF E1/2 OF NW1/4, LESS RNl1.07 AC foFor mort th.n four IIn.. of L.gal D.scrlptlon pl.... call the Property Appl'IIl.er'a Office. Section II Town.hlp ~ Rang. II Acres ~ Map No. I Strap No. 36 49 25 1,07 4A36 492538046.0004A38 Sub No. II 100 I ACREAGE HEADER MlllaSl8 Area MlIIap -t U.. Cod. 48 153 13.4705 IMPROVEDINDUSTR~L Land Valu. S 428,000.00 t+l ImDrov.d Valu. S 227,029.00 ta) Mark.t Valu. S 855,029.00 (-) SOH Ex.mpt Valu. $0.00 (a) As.....d Valu. $ 855,029,00 (-) Homestead and other Exempt Valu. $ 0.00 ta) Taxabl. Valu. S 855,029.00 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 06/1994 Book - Page 1957.1201 /I Amount I $0.00 SOH .. .Save Our Homes. exempt value due to cap on assessment increases, - The Information Is Updated Weekly. http://www .collierappraiser.comJRecordDetai1.asp?F olioID=0000000272680009 6/3/2005 Details Agenda Item No. ~e 1 of 1 October 11, 2005 Page 32 of 32 - Current Ownership Property Addre..I3897 ENTERPRISE AVE Folio No.1 00272840001 Mall II OWner Nam. SMITH JR, GEORGE G-& ANITA V Addre.... 1387 MARLIN DR Clb NAPLES U Statell FL U ZIDI 34102. 1530 Legal 3649 25 S 888.8FT OF E1/2 OF E1/2 OF W1/2 OF NW1/", LESS R/W 4.78 AC OR 586 PG 190 Section Township II Rang. 1\ Acres Map No. 11 Strap No. 38 49 2S 4.48 oIA36 492538 048.0044A38 100 ACREAGE HEADER Us. Cod. 48 IMPROVED INDUSTRIAL 153 Land Value $ 1,904,000.00 (+)Improved Valu. $ 384,781.00 (..) M.rk.t Value $ 2,288,781.00 H SOH Ex.mpt Valu. $0.00 (-) As.....d Value $ 2,288,781.00 Home.tead and oth.r Exempt Valu. $0.00 (-) Taxabl. Valu. $ 2,288,781.00 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 04/1974 Amount I $0.00 Book. Page 586 .190 II SOH = "Save Our Homes. exempt value due to cap on assessment increases. - The InformaUon Is Updated Weekly. http://www.collierappraiser.comIRecordDetai1.asp?F olioID=000000027284000 1 6/3/2005 Agenda Item No. 176 October 11 , 2005 Page 1 of 3 EXECUTIVE SUMMARY SE-2005-AR-7530: Scrivener's Error to correct the legal description attached to Resolution Number 05-156 that granted Conditional Use approval for the Bethel Assembly of God gymnasium expansion. OBJECTIVE: To have the Board of Zoning Appeals (BZA) correct a scrivener's error resulting from an omission in the legal description. CONSIDERATIONS: The BZA on April 12, 2005, approved Resolution Number 05-156 that provided for the construction of a gymnasium expansion for the Bethel Assembly of God located at 1225 W. Main Street, Immokalee, Florida. Exhibit "B" of the adopted resolution incorrectly described the subject site, because it omitted a clause as noted below in the underlined text: The West 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4, less the North 30 feet, Section 4, Township 47 South, Range 29 East, Collier County, Florida. The proposed resolution would correctly describe the site. FISCAL IMPACT: This action is only to correct an omission in the legal description of the previously adopted Resolution 05-156 that was approved by the BZA. Therefore, this change by and of itself will have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: The original petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the Growth Management Plan (GMP). This scrivener's error is only to correct an omission in the legal description for action that was approved by the BZA through Resolution 05- 156. LEGAL CONSIDERATIONS: An omission was made in the legal description of the Bethel Assembly of God Church Conditional Use within the resolution of adoption. The Scrivener's Error corrects the description of the property to show what the BZA actually intended to approve. STAFF RECOMMENDATION: That the BZA approve the scrivener's error correction to Resolution Number 05-156. PREPARED BY: Kay Deselem, AICP, Principal Planner Zoning and Land Development Review - Executive Summary SE-2005-AR-7530 October 11, 2005 Page 1 of 1 ttlim Number; ltam Summtry: Meeting Oate: Agenda 11ern No, 178 October 1 1. 2005 Page 2 of 3 COLLIER COUNTY SOAAD OF COUNTY COMMISSIONERS 1'78 Se.2005-A~-71530, Scrivener.. Enl.lr to correct the l&gll d..cription attached 10 Rel"lytion NUmt'lfH 05~1S6 that granted CondhlorllllUat' approllal for tile Bethel Asllembly ('I God gymn...ium expan'lon 10111/2005- 9:00:00 AM Prtnclpel Plen.,.r D... Prepared B,. Key Desll.m, AICP Community Devtlopmllnt & Environmental Services Zoning & Land Dt:~tJpn"mt Revl.w 9/21120052.:03:41 PM Do" Approved B)" S."lira LA_ Encutive e.cretar}' community [)eveloprMnl &. Community D.~eIOfllm."t.. En\llronmantlll aervl(lell Environmental S.rvlc.... Admin. 1121/200\5 2:18 PM Approved By Doll Conriance A. Johnlon Oparlltlon. Analyst Community DilIvtlopment & Community OevCltopmant & Envlronmantal Servlo... Envlronmenttl I.rvleel Admin. 91ZZtZOOB 1:38 AM Approved By Ch~t Planner Doll Ray BltlloltA C(lfI'Imunlty o.,vlIlopment & Envtronmenlli'S.rvlll" Znnlny & Land OIlV4l'lopmt.nt Revt.w 9122/2006 "':28 PM Zoning & LlInd Ollvetopm.l\t Olrwotor """ Approved By 8Ull." Mum~y. AtCIl' Community o.vlIlopl'Ml1t" Envlronmcmtal hrvlo.. Zoning & Land OevtolQPmant Review 1/23/2006 1:44 AM Donald L Scott fran, pomBo" PlAnning DIrector Dolo Appro\'ed By Tran8portlltlon Service.. Trlln.portat\on Planning 9/231200/12:38 PM Approved By J~.pt! K. Sl1hmitt Community Development & Envlrollm.ntlll Service. Community OevQIQP"~nt & Envlromnental SaMc.~ Admlnatrator C Oft1mUI'llty [)e"'8Iopmont & EnvlrollmCII'lUlI Services Admin. Do" 1/27(20059:47 AM Norm E, Fader, AICP Transportation O:Ivlslon Admlnl.IBt.Pf """ 9!t7/20()6 10:14 AM AppnJ\'cd By Trlllnspcrtlltion Sorvlc.. "tanspartatton SOrvlCClt Admin. Appmwd By MarjOrie M, Stud,,"t County Attomtty Anl.tant County Attorney 0". County Attomwy Omell t/20/2OG511:41.IJ.M Admln!.tr~tlll~ A8lIlsl'J.nt 0... Appro\'cd By OMS Coordin.tor County Mllnllluor" OffiCII omen Gf ManagCtmCllnt & Budget ilISOIZOOII 8:35 AM Managemont & Budga~ Di~ctl;)' Do" Approved By MlolllKl'l Smykowskl County Manag.tr'1 onto. Offlne of M"nagement & Burlget anOlzetol 4:4' PM Morklucllaol'l Budgef AnillyJt D'" Appnn'ed By Coumy Mana,"r'l OffIoe Office of M.n."em.nt & BUdile, 10/3/2005 10:01 AM Approved By Leo E. Ootu. Jr. Board ofcounqr Commls.lonen Deputy County Manager "".. Count~ Man'lIIer', om~. 1t1131200$10:'~ AM Agenda Item No. 178 October 11, 2005 Page 3 of 3 RESOLUTION NO. 05- A RESOLUTION OF THE BOARD OF ZONING APPEALS AMENDING RESOLUTION NUMBER 05- 156 THAT GRANTED CONDITIONAL USE APPROVAL FOR THE BETHEL ASSEMBLY OF GOD GYMNASIUM EXPANSION, TO CORRECT A SCRIVENER'S ERROR IN THE LEGAL DESCRIPTION AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Collier County Board of Zoning Appeals adopted Resolution No. 05-156, on April 12, 2005, and; WHEREAS, following said action adopting Resolution No. 05-156, staff detennined that the legal description attached to the Resolution did not contain a provision that was otherwise intended and made a part of the public hearing and therefore constitutes a scrivener's error. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO THE LEGAL DESCRIPTION The legal description attached as Exhibit "B" to Resolution Number 05-156, is hereby amended to correct a scrivener's error by amending said section to read as follows: The West 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4, less the North 30 feet, Section 4, Township 47 South, Range 29 East, Collier County, Florida. SECTION TWO: EFFECTIVE DATE BE IT RESOLVED that this Resolution relating to Petition Number SE-2005-AR-7530 be recorded in the minutes of this Board, This Resolution adopted after motion, second and majority vote, Done trus day of ,2005. ATTEST: DWIGHT E, BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: FRED W, COYLE, CHAIRMAN Approved as to Fonn and Legal Sufficiency: MaIjorie M. Student-Stirling Assistant County Attorney SE-2005-AR.7530!KD/Sp Words strusl( tllrewgll are deleted; words underlined are added, Page I of] Agenda Item No. 17C October 11, 2005 Page 1 of 4 EXECUTIVE SUMMARY SE-2005-AR-7607 Scrivener's Error to replace Resolution 2005-34, that failed to reflect the changes made by the Board of Zoning Appeals at the January 11, 2005, public hearing for the Fidelity sign variance petition (SN-2004-AR-6501). OBJECTIVE: To have the Board of County Commissioners, acting as the Board of Zoning Appeals (BZA), correct a scrivener's error resulting from a clerical error wherein an incorrect resolution was signed and recorded. CONSIDERA TIONS: The Board of Zoning Appeals on January 11,2005, adopted Resolution Number 05-34 that was to have granted approval for variances from the Collier County Land Development Code (LDC) sign regulations for signs at 8880 Tamiami Trail North. The resolution that was signed was not the correct resolution and it did not accurately reflect the action of the BZA. The proposed Scrivener's Error resolution correctly states what the BZA acted upon and what was approved. FISCAL IMPACT: ,- This action is only to correct errors regarding the previously adopted Resolution 05-34 that was approved by the Board of Zoning Appeals. Therefore, this change by and of itself will have no fiscal impact on the County. GROWTH MANAGEMENT IMPACT: The original petition was reviewed for consistency and was found to be consistent with all the applicable provisions of the Growth Management Plan (GMP). This scrivener's error is only to correct an omission in the legal description for action that was approved by the BZA through Resolution 05-34. LEGAL CONSIDERATIONS: Errors were made within the resolution of adoption. The Scrivener's Error corrects those errors to show what the BZA actually intended to approve. STAFF RECOMMENDATION: That the BZA approve the scrivener's error correction to Resolution Number 05-34, PREPARED BY: Kay Deselem, AlCP, Principal Planner Zoning and Land Development Review - Executive Summary SE-2005-AR-7607 October 11, 2005 Page 1 of 1 It.m Number: Item SumrMry: Meeting D.u: Agenda hern Nu. 17C Oelobs' 11, 2005 Page 2014 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1i'C SE..200s..AR.7eD7 Scrivener60 ErrQr to replace Re!olution Number 2005-34. regardIng Fldelfty Building. ltd.. repr...emed by Ryan White. af Site Enh;;ncemtnt Sarvlel", who applired for III Jlgn varlonce 10 :llIllow Fidelity Inveatments to reiain their anti f1Xu;ting non~ confomung groond 'Ign. Resolution Number :;!005..s4 1ailed to reflect the changes mlde by the Board 01 County Commlulonerli el the January 11, 2005, pUblic hurln" tor they _Ign 'Il!Iril1lnce petition (SN.200<4.AR~6501) ,0111i2005 9:00:00 .o.,M PrlnCllp~ Plannlr 0... Prepared B)' K.y On.l.m, AICP C o.nmunlty Oevelopmtlnt &. Envlronmontol S"l'\Ilolll' Zonino & und o.v.lopmenl R.l,'Il)W 9/21/20062:07:01 PM Approved By ao.. &IIndr. Lea Ex.cutlVCII Bac..-.tllry Community Denlopn.ent & COfnnlunlty Development & Envlronm.nt.' Servloel En....lronm.ntal Service. Admin. 912:112006 Z:1V PM Approved B)' Oato Con6tllneft A, Johnson OpvrlJU'ItM$ "'nlllyst Community DttvClIlopment l Community Q(Iove'QPnwnt &. Envlron~f1"'1 eervlu. Envlronmlnml S~rvlc.s Admin. 9/2.2/.20061:311 AM Approved B~' R~y Bellow>> Cummuntly o.~lopm.nt & Envtronmental S.rvlces Chhrf ptanne, "".. Zoning & lIInd DevwlQPtnll'nt Review 1f22/tt)06.4:2:8 PM Approved By Zoning &. Land Dvvelopmenl Dlrecuor D... SUlUln Murray, AICP Cpmmunlty OQvelopmQnt & Environmenti'll SOl'\l'ic;(p' Zonln" " Lind o.Yillopl'l'ICInt Revklw elZ3/2005 7:41 AM Asslfllant County Attomey 00.. 9123120019:06 AM Apprond By J.ronlf.r A. B4Ilpedjo County Attorney County Altom.y OffletJ DonAld 1... Scott lr.nspoltatlon Phmning Ol~ctor 0... Appro'l'ed By Trllnsportatlon Servlotl. Tran5portation Planninll 'ilrUnDO! 2:40 PM Approved B,. Jo:t4lph K, Sehmltt CommLAnlty Dnelopmant & ErwlronmentGl BlIrvlClts Community Dovelopment &. EnvlronmontalServlctl. Admjndlrator community Devalopm..ntl EnvlronmentGil8f1rvlGct Admin. ""te '/27/2005 t:48 AM Transportation Dlvisloo Administrator 0... Approved B,. NQrm E. F.d.r, AICP Tron5ponatlon SQnolc.' TrQrtllponation SlM'vloe' AdmIn. 11271200110:11 AM Adml"t.tratl.... AII_llItant 0... Appro\'ed B~' OMS Coordtn.IOt' CDUnty MIlMlIQef'1i OM<:.. Omoe ot M.nlg-emont & 8udlilet t121(20058:01AM Marllluck.ol\ Budget Anllyat D... Approved B~' County Manl".:r'1I OffiCII Office of Mlln.".m.nt. BUd".t 912~U2005 11:3~ AM Apprond By M~chllel smy~oW'lkl County Manager's emu Mal'lAg&mont & Budget OInte-tor Ollte Oftlce ot Manugement & Budget 8130/20D6 4;4~ PM County Man."., Dale Approved By Jamea V. Mud'" BOlrd of County Comml"Ilonera County Mm"ger'l Office t130ftOoa 6:02 PM Agenda Item No, 17C October 11, 2005 Page 3 of 4 RESOLUTION NO. 05- A RESOLUTION OF THE BOARD OF ZONING APPEALS AMENDING RESOLUTION NUMBER 05-34 TO CORRECT A SCRIVENER'S ERROR WHEREIN THE ACTION OF THE BOARD OF ZONING APPEALS WAS NOT CORRECTLY REFLECTED IN THE ADOPTED RESOLUTION IN PETITION NUMBER SV-2004-AR-6501 FOR A SIGN VARIANCE. WHEREAS, the Collier County Board of Zoning Appeals adopted Resolution Number 05-34, on January 11, 2005, and; WHEREAS, following said action adopting Resolution Number 05-34, Zoning and Land Development Review staff determined that the Resolution did not contain the correct action as stated at the Board of Zoning Appeals and therefore constitutes a scrivener's error, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: SCRlVENER'S ERROR AMENDMENT The resolution is hereby amended to correct a scrivener's error by changing the Board of Zoning Appeals' action to read as follows: WHI!RK^.S, LDC SestisR ~,ge,ge,C sRly alIe'.'.'s BBe grel:lne er flele sige aRe Fieelity has twe, the sesBBe sf whish is ReR seRfermiRg Sl:lsa t.aat Fidelity is tflBreIere reE!l:lestiRg a yaRaRSe t8 aJlsw it te aave twe e feet By 2 feet gFel:lRe sigHS, ratller tRan eRe sige aIlev:ee By tRe LDC 8eae, WHEREAS LDC Section 5,06.06,C. (1) allows two lITound silms onlv so long: as there is a minimum 1.000 senaration hetvleen the shms such that Fidelitv is therefore reOllestinQ' a variance to allow it to have two existinl! 6-foot bv 2-foot lITound silmS with an anDroximate senaration of 325 feet between the silmS all as shown on the attached plot plan, Exhibit "A", in a C-4 zoning district for the property hereinafter described; and WHEREAS the Collier Countv Planning: Commission has found as reauired bv LDC Section 9 04.02A that to the maximum extent Dossible QTantinQ' the variance will not diminish or otherwise have a detrimental effect on the nubHc interest safetv. or welfare' and the BZA has found as a matter of fact that satisfactory provision and arrangement has been made concerning all applicable matters required by LDC Sections 5,06,06,C & 9,04,03; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS OF COLLIER COUNTY, FLORlDA, that: The Petition SV-2004-AR-6501 filed by Kyle Bach of Site Enhancement Services, representing Fidelity Building, L TD, with respect to a silm variance from LDC Section 5 06 06 C. (l) which allows two lITound silms onlv so Ion!! as there is a minimum 1.000 seoaration Words strl:lek tfi'sl:lgh are deleted; words double underlined are added. Page I of2 Agenda Item No, 17C October 11, 2005 Page 4 of4 between the silms to allow the two existinl.! 6.foot bv 2-[00t 1IT0und silms with an aooroximate seoaration of 325 feet between the sie:ns. as shown on the attached olot olan. Exhibit "A". for the property hereinafter described as: Lots 13 and 14, Tract A, recorded in Plat Book 12, Pages 57 -58 and Plat Book 10, Page 86 ofthe Public Records of Collier County, Florida be and the same hereby is approved sl:lbjeet te the esasitisRs m l!,.hiBit "B". subiect to the followin5l conditions: 1. The subiect nronertv is limited to the followinl.! area (sauare footal.!e) and number of shms as stated in this annlication: (n 3'-1" x 14'-3 7/8" Wall Sie:n (n 2'- 3" x 10'-5" Wall Silm (1) 2'x 6' Monument sie:n face oanel (3) 2'- 6" x 2' Directional monument (1) 2' x 6' Monument sie:n face oanel 2. The annlicant shall orovide the Countv with an existine: as built landscane olan. that shows location Me. and size of all olantinl! material as well as die:ital ohotolITaohs of currentlv existinQ landscane nlantinSIs The existinl! landscanini! shown on the nlan must be retained unless the County annroves chanQes. 3, All existinl! unoermitted sie:ns on the orooertv must receive the authorization of a buildine: nermit and a certificate of comoletion from Collier Countv before the monument sie:n on Vanderbilt beach receives its oennit and certificate of comoletion. BE IT RESOLVED that this Resolution relating to Petition Number SE-2004-AR-6501 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote, Done this day of ,2005, ATTEST: DWIGHT E, BROCK, CLERK BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: FRED W, COYLE, CHAIRMAN Approved as to Form and Legal Sufficiency: Jennifer A. Belpedio Assistant County Attorney SE-200S.AR- 7607/KDlsp Words stNsI: tk-eugfi are deleted; words double underlined are added, Page 2 of2 ,-' Agenda Item No. 170 October 11, 2005 Page 1 of18 EXECUTIVE SUMMARY To obtain Board of County Commissionen approval to repeal and replace the Ordinance establishing the Code Enforcement Board and the Ordinance establishing the Nuisance Abatement Board. OBJECTIVE: To repeal and replace the Ordinance establishing the Code Enforcement Board and the Ordinance establishing the Nuisance Abatement Board. CONSIDERATION: In accordance with Florida Statutes Chapter 162, the Board of County Commissioners exercised its authority to create an administrative board, with the authority to impose administrative fines and other non-criminal penalties, in order to provide an equitable, expeditious, effective and inexpensive method of enforcing the codes and ordinances of Collier County, where a pending or repeated violation continues to exist. After the establishment of the Code Enforcement Board in 1992, the ordinance has been modified four times for the enhancement of the Code Enforcement Board's structure and powers. Subsequently, there have been amendments to the State Statutes containing the rules governing the Board, in addition to case law and Attorney General opinions that have been rendered and should be considered for the regulatory make-up of the Board. In 1996, the Board of County Commissioners further exercised its authority under Charter 893 and created an Administrative Board (the Nuisance Abatement Board) to hear complaints regarding nuisances that expanded beyond local codes and ordinances, including drug-related, prostitution-related, stolen property-related, as well as criminal gang activity public nuisances. After the establishment of the Nuisance Abatement Board, which also functions as the Code Enforcement Board, State Statutes authorizing this body has been amended to modify the scope of the Board's authority. The proposed ordinance incorporates all the Statutory amendments as well as those procedural amendments needed in order for the Boards governed by this ordinance to function as efficiently as possible. The changes being proposed to the Ordinance are as follows: . Definitions have been updated and those terms that no longer are contained in the Ordinance have been omitted. . An updated definition for "Public Nuisance" has been added to the Ordinance. . The procedures for the issuance of a subpoena has been modified to give the Chainnan of the Code Enforcement Board the authority to execute rather than having to go through the Clerk of Courts. . The amount that the Board may fine a violator per day has been increased from $250 per day per violation to $1,000 per day per violation; and in cases of repeat violators from $500 per day per violation to $5,000 per day per violation. If the Enforcement Board finds a violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $15,000 per violation as opposed to the $5,000 limitation in the prior Ordinance. . A separate fining structure has been incorporated for the Nuisance Abatement Board _ providing for $250 per day for first offenses and $500 per day for repeat offenses. Both - Agenda Item No. 17D October 11 , 2005 Page 2 of 18 fines may include payment of reasonable costs and attorney fees associated with investigations of and hearings on public nuisances. . Clarifying that in cases where a public nuisance has been brought against one of the tenants of multiple tenants establishment, on which the property owner also conducts his or her business, the property owner shall not be subject to a lien against his or her property or the prohibition of operation provision if the property owner evicts the business declared to be a nuisance within 90 days. . The requirements for notice have been modified to reflect the most up-to-date requirements. Personal service must be attempted and when unsuccessful, certified mail is the required option. If certified mail is refused or not successful, the violated property and local courthouse must be posted for a minimum of 10 days prior to the compliance date or the hearing date, whichever is applicable. Notification in a newspaper of general circulation is another alternative if all others are not successful. FISCAL IMP ACT: The proposed changes will not have a fiscal impact GROWTH MANAGEMENT IMP ACT: The proposed changes will not have a growth management impact. LEGAL CONSIDERATION: The proposed Ordinance has been reviewed and approved for legal sufficiency. RECOMMENDATION: That the Board of County Commissioners repeal County Code Enforcement Board Ordinance No. 92-80, No. 96-78, No. 98-20 and No. 99-26 and Collier County Nuisance Abatement Board Ordinance No. 96-11 and adopt the proposed Ordinance establishing the Code Enforcement Board and Nuisance Abatement Board. Prepared by: Michelle Edwards Arnold Code Enforcement Director -, Agendt.l 118rTl No. 17D Octob<ir 11, 2005 p,..ge 3 0118 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 17D Thllltel'l". WIll continl.lltd horn the Sel'tembllr 13, 2005 BCe Mlfe1ing and fur(l'ler continued from the September 27, 2005 BCe M~llilting. To obtain Board of County Commiuloner app-rO\fal to repeal end replace the Ordinance establishing tIle Code EntorcelT'lent 80erd ana th. Nui,.nce Abatflmant Board 10/1112005 9:00:00 AM Meeting DIIte; Approved 8)' Con.tlInQQ A.. Johnson Opvrlltlor.s Anllllyst Community Da.....lopment & Community Development I, En'llronmental Serlllee. Envlronmentlll eervlc.. Admin. 0,,10 71121200li 11:08 AM Approved By Sandra L.. EXecutive SlICr.tary Community [)ev.loprMnt & Community o.vetopmflnt .. Envtronmentlll Servlo.. EnvironmenUlI a.rvlce. Admin. 0",. 7/12J2005 11:18 "M Approved By Jo..pn K. Schmitt Community Ofwelopm.nt" Envlronm.ntlll ~Ilf\llcal' AdmlnlltrJtor C omrnunlty Doveiopm4l111 & EnvlronmentGl8t1'rvlClIII Admin. 0",. Community Oevlllopntlmt" EnvlrQnmonUil9Cl1fvlCO. Il2fl/20011l:01J AM Approved By O"'B CoorollUltar Admlnlsrr.o.tt..,. Aul,umt Dolo County ManaOft'>> OfftOCt omCfI (IrM""'O~Jtt& &LlClO<<t t-/30f2DO$ 1:32 AM Approved By Mark I..chon Budget Analyt.t om/;:. 01 ManagerTMlnt &. BLlQg., Dolo County M.nllger'. Ottlae 9(30/2006 5;41 AM Approved B)o' MlchaeI8my1l0wf.kl Manawem.nt & Budgat DI,.ctOT 0... CClunty M.nll!lH". omoe otnc.. or Mana(l'emlll)t & Budget 1013/200e 12:10 PM Approved By l.eD E:, Ooh., Jr. Board of County Commi,"lon.,. Deputy County MIIIl.,oer 0... County Manag.r'1i Cltfioa 1013/%0(106:16 PM Agenda Item No. 17D October 11, 2005 Page 4 of 18 ORDINANCE NO. os._ AN ORDINANCE TO BE KNOWN AS THE COLLmR COUNTY CODE ENFORCEMENT BOARD AND PUBLIC NUISANCE ABATEMENT ORDINANCE; SEtTING FORm THE FINDINGS AND PURPOSE; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR APPLICABILITY; PROVIDING DEF1NITIONS; ESTABLISHING THE COMPOSmON, APPOINTMENT AND TERMS OF MEMBERS, V ACANcms AND REMOVAL OF MEMBERS; ESTABLISHING THE ORGANIZATION OF THE ENFORCEMENT BOARD; SETIING FORm THE POWERS AND DUTIES OF THE ENFORCEMENT BOARD; PROVIDING ENFORCEMENT PROCEDURES; ESTABLISHING SUBPOENA PROCEDURES; PROVIDING FOR CONDuer OF HEARING; ESTABLISHING PENALTIES; PROVIDING FOR COSTS FOR NUISANCE ABATEMENT CASES; PROVIDING A PROCEDURE FOR REHEARING OF ENFORCEMENT BOARD AcnON; PROVIDING FOR APPEALS; PROVIDING A PROCEDURE FOR NOTICES; PROVIDING FOR A SUPPLEMENTAL PROVISION; REPEALING COLLIER COUNTY CODE ENFORCEMENT BOARD ORDINANCE NOS. 92-80; 96-78; 98-20 AND 99-26 AND COLLIER COUNT\! NUISANCE ABATEMENT BOARD ORDINANCE NO. 96-11; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLIer AND SEVERABILITY; PROVIDING AN EFFEcnVE DATE. WHEREAS, Article VIII of the Constitution of the State of Florida authorizes Florida counties to exercise broad home rule powers; and WHEREAS, Subsection 125,01(1), Florida Statutes, provides that the legislative and governing body of a county shall have the power to carry on county government and that said power includes but is not limited to, a number of powers set forth in Section 125m, so long as any powers exercised are not inconsistent with general or special law; and WHEREAS, Subsection 125.01(1)(t), Florida Statutes, provides that a county may adopt ordinances and resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law; and WHEREAS, Subsection 125.01(1), Florida Statutes, enumerates county powers which include, but arc not limited to: providing for the prosecution and defense of legal causes on behalf of the County; establishing and enforcing zoning and business regulations as are necessary for the protection of the public; establishing and enforcing regulations for the sale of alcoholic beverages in unincorporated areas of the County pursuant to general law; entering into agreements with other governmental agencies within or outside the boundaries of the County for joint performance or perfonnance by one unit on behalf of the other of any of either agency's authorized functions, the perfonnance of any other acts not inconsistent with law, which acts are in the common interest of the people of the County; and the exercise of all powers and privileges not specifically prohibited by law; and WHEREAS, Subsection 125.01(3)(a) .and (b), Florida Statutes, recognizes that the enumeration of powers in Subsection 125.01(1), Florida Statutes, incorporates all implied powers necessary or incident to carry out those powers and that Section 125.01, Florida Statutes, shall be Agenda Item No. 170 October 11, 2005 Page 5 of 18 liberally consttued in order to effectively cmy out the purpose of the section and to secure for counties the broad exercise of home rule powers authorized by the State Constitution; and WHEREAS, Collier County has a population of greater than 50,000 and that the fino structure allowed by Subsection 162.09(2)(b), Florida Statutes, is necessary to achieve code and ordinance compliance; and WHEREAS, Section 162.02, Florida Statutes, authorizes the creation of administrative boards, with authority to impose administrative fines and other non-criminal penalties, in order to provide an equitable, expeditious, effective and inexpensive method of enforcing the codes and ordinances ofCoUier County; and WHEREAS, Subsection 162.08(5), Florida Statutes, provides that an administrative board shall have the power to issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance; and WHEREAS, Section 162.13, Florida Statutes, provides that it is the legislative intent of Sections 162.01-162.12, Florida Statutes. to provide an additional or supplemental means of obtaining compliance with local codes and that nothing contained in those sections shall prohibits a local governing body from enforcing its codes by any other means; and WHEREAS, the Commission has determined that it is the best interest of the citizens of CoJlier County to create Code Enforcement Boards as additional means of enforcement; and WHEREAS, Section 893.138, Florida Statutes, authorizes counties to create local administrative boards with authority to abate drug-related, prostitution-related, or stolen property-related public nuisances, as well as criminal gang activity; and WHEREAS, Section 823,05, Florida Statutes, declares certain places and premises to be a nuisance and further provides that such places or premises shall be abated or enjoined as provided in Sections 60.05 and 60.06, Florida Statutes; and WHEREAS, the Commission has determined that any places or premises which are used as the site of illegal or nuisance activities including. but not limited to, unlawfUl sale and delivery of controUed substances, prostitution, criminal gang activity, are a public nuisance that adversely affects the public health, safety, morals and welfare; and WHEREAS, ongoing and recent law enforcement activities conducted by the Collier County Sheriff indicate that there are premises and places within Collier County which are used as the site of illegal andlor nuisance activities including. but not limited to, unlawful sale or delivery of controlled substances, prostitution, gang activity, gambling, illegal sale or consumption of alcoholic beverages, or lewd or lascivious behavior; and WHEREAS, the Commission has determined that abating public nuisances which result from illegal activity is necessary to improve the quality of life for the residents of Collier County and that abatement of illegal activity will safeguard the public health, safety and welfare and to the extent possible, eliminate the adverse and negative. secondary effects of public nuisances on SUlTOunding neighborhoods; and WHEREAS, the Commission desires to minimize, control and, to the extent possible, eliminate the adverse and negative secondary effects of public nuisances on surrounding neighborhoods and areas and thereby protect the health, safety and welfare of the citizenry, protect the citizens from increased crime, preserve the quality of life, and preserve the property 2 Agenda Item No. 17D October 11, 2005 Page 6 of 18 values and character of surrounding neighborhoods, as well as deterring the spread of urban blight; and WHEREAS, Section 60.05, Florida Statutes, authorizes the County Attorney, among others, to sue in the name of the State on his or her relation to enjoin nuisances, the person maintaining same, or the owner OT agent of the building or ground on which the nuisance exists; and WHEREAS, it is the intent of this Ordinance to enact and enforce public nuisance laws in a manner and through procedures which respect and uphold the constitutional due process rights of all affected citizens and property owners, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: FlDdings and Purpose. 1. It is the intent and pUIpOse of this Ordinance to promote, protect and improve the health, safety and welflU'e of the citizens of Collier County by authorizing the creation of administrative boards, with authority to impose administrativeftnes and other non-criminal penalties, in order to provide an equitable, expeditious, effective and inexpensive method of enforcing the codes md ordinances of Collier COlmty, where a pending or repeated violation continues to exist, including, but not limited to housing. occupational licenses, development standards, zoning, sign and noise codes. 2. Chapter 162, Florida Statutes, entitled Local Government Code Enforcement Boards Act, authorizes a County to establish local code enforcemcnt boards. 3. It is in the best interests of the citizens of Collier County to create a Code Enforcement Board process as additional means for the enforcement of its Codes and Ordinances. 4. The Commission hereby finds and declares that any places or premises which are used as the site of criminal, illegal and/or nuisance activities including, but not limited to, unlawful sale, possession (where such possession constitutes a felony and the site has previously been used on more than one occasion as a site of unlawful sale, delivery, mmufacture or cultivation of my controlled substance) or delivery of controlled substances, prostitution, gang activity, gambling, illegal sale or consumption of alcoholic beverages, or lewd or lascivious behavior, are a public nuismce that adversely affects the public health, safety, morals and welfare, The Board further finds that abating public nUisances which result from illegal and/or criminal activity is necessary to improve the quality of life for the residents of Collier County and that said abatement will safeguard the public health, safety md welfare. S. It is the purpose of this Ordinance to abate public nuisances and thereby protoct and promote the public health, safety, welfare and morals of the citizens of the County. It is also the pUIpOse of this ordinance to achieve said nuisance abatement goal by utilizing the Collier County Code Enforcement Board and my other lawfully authorized procedures which afford due process md respect and uphold the constitutional rights of all affected by this Ordinance, including. but not limited to, property owners, This Ordinance is hereby declared to be remedial and essential to the public interest and it is intended that it be liberally construed to effectuate its stated purpose. The provisions of this Ordinance shall be cumulative and supplemental to any provisions of the Florida Statutes, Collier County ordinances, or any other applicable law. 3 Agenda Item No. 170 October 11, 2005 Page 7 of 18 SECTION TWO: Title ud Citation. This Ordinance shall be known and may be cited as the ''Collier County Code Enforcement Board and Public Nuisance Abatement Board Ordinance" SECTION THREE: AppUcabUity. The provisions of this Ordinance shall apply to, and be enforced in, the unincorporated areas of the County. This Ordinance shall apply to, and be enforced in, any municipalities within Collier County that agree by resolution of the governing body of the municipality to have this Ordinance apply and be enforced in the municipality. SECTION FOUR: Definitions. The following words, tenns and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section: 1. Enforcement BOlrd means a Collier County Code Enforcement Board, which may act as a Collier County Nuisance Abatement Board from time to rime. 2; Comorlssion means a the Board of County Commissioners who is the local governing body in and for Collier County, Florida, 3. County Attorney means the legal counsel to the Commission. 4. Issuing Officer means a code enforcement official or any authorized agent or employee of Collier County whose duty it is to assure code and OTdinance compliance and wbo is responsible for the enforcement of county codes. 5. Lien means a claim for unpaid civil penalties imposed by the Code Enforcement Board. 6. Person means an individual, association, finn, partnership, corporation, or other legal entity. 7, Prosecutor means the County Attorney, an Assistant County Attorney, or any member of the County staffwho presents cases before an Enforcement Board. 8, Repeat violatioD shall mean a violation of a provision of a code or ordinance by a person who has been previously found through an Enforcement Board, Special Master, or any other quasi-judicial or judicial process, to have violated the same provision within five (5) years prior to the violation, notwithstanding the former and present violations occur at different locations. 9. Public Nuisance means those nuisances as identified in either Sections 893.138 or 823.05 of the Florida Statutes, or other statute or ordinance declaring public nuisances. 10, Secretary or Secretary to the Board means the administrative staff personnel in the Code Enforcement Depar1ment respol1Slo1e for the preparation, development and coordination of all administrative and case management services necessary for the proper functioning of the board(s). 11. VIolator means a person (the property owner, tenant, or business entity on the premises, or any combination thereof) alleged to, or who has been found to have violated any code or ordinance of Collier County, which a Code Enforcement Board bas jurisdiction to enforce. 4 Agenda Item No. 17D October 11, 2005 Page 8 of 18 SECl'ION FIVE: CompOlIUoDi AppomtmeDt ud Terau of Members; VacaDdesi Removal of Memben. 1. There shall be one (1) or more Enforcement Boards which shall, from time to time, also function as the Nuisance Abatement Board. The Enforcement Board shall have jurisdiction to hear and decide cases in which violations are alleged of any provision of Collier County Codes or Ordinances. 2. The Enforcement Board shall be comprised of seven (1) members and two (2) alternate members appointed by the Commission. Members of the Enfurcement Board shall include, whenever possible, 8Il architect, a businessperson, an engineer, a general contractor, a subcontractor, and a realtor. 3. Each member of the board shall be a permanent resident and elector of Collier County and shall serve without compensation. 4. Members may be reimbursed for such travel, mileage, and per diem expenses as may be authorized, in advance, by the Commission. 5. Tenns of office shall be in accordance with Ordinance No. 2001-55 or its successor ordinance, 6. Board member attendance requirements, including failure to attend meetings and removal from office, shall be governed by Ordinance No. 2001-55 or its successor ordinance. The members shall serve at the pleasure of the Commission and may be suspended and removed for cause by a majority vote of the quorum of the Commission. If any member becomes a candidate for public elected office, or becomes and employee of the County, his membership will automatically tenninatc. 7. An Alternate member shall act only in the absence, or disqualification, of a regular board member. The initial appoinunents to the board shall be as follows: a) Two (2) members shall be appointed for a tenn of one (1) year; b) Three (3) members shall be appointed for a tcnn of two (2) years; c) Two (2) members shall be appointed for a lenn of three (3) years; d) One (I) alternate member shall be appointed for a tenn of two (2) years and one (1) alternate member shall be appointed for a tenn of three (3) years, e) Thereafter, all appointments shall be made by the Commission for a term of three (3) years. f) In the event any member's term, including that of any alternate member's tenn, expires during the pendency of a case(s) which bas not reached conclusion by a final vote, such member's expired tenn shall automatically be extended for the limited time and for the limited pmpose of presiding over such particular case(s) Wltil conclusion and final vote and the time for rehearing has passed. In the event a rehearing is granted, such member's tenn shall continue for the limited time and limited purpose to rehear the matter and reach conclusion by final vote. SECTION SIX: OrllaulzatloD of the EDforcemeDt Board. 5 1. An Enforcement Board shall consist of a chairperson, a vice-chairperson. and such other officers. as the Board shall deem necessary, after election to such position by the Board members who shall be regular voting members. 2. Officers of an Enforcement Board shall be elected by a ml\iority vote of the membership at the tirst mecting of the Board, after the initial appointment of the membership and annually thereafter. 3, A minimum of four (4) members of an Enforcement Board shall constitute a quorum. An alternate member shall be considered as one (1) of such members for quorum purposes. 4, An Enforcement Board may adopt such rules and regulations as deemed necessary to carry out their duties consistent with the provisions of this Ordinance and Chapter 162. Florida Statutes, the Local Government Code Enforcement Boards Act, subject to approval by the Commission. 5. The Commission shall provide such clerical and administrative personnel and legal services as may be reasonably required by an Enforcement Board for the proper performance of its duties. 6. The Commission shall appoint an attorney who is a member of the Florida Bar, either residing or practicing in the County, to represent and act as legal counsel to the Enforcement Board. and such person shall attend all meetings of the Board, The attorney shall be compensated as provided by the Commission, 7. The Enforcement Board shall be reviewed by the Commission, in accordance with Collier County Ordinance No, 2001-55, as it may be amended. SECTION SEVEN: Powen aIId Duties. 1, The Collier County Enforcement Board shall have the power to: a) Adopt rules and regulations for the conduct of its bearings; b) Subpoena alleged violators and witnesses to appear at its hearings, which subpoenas may be served by the Collier County Sheriff or a duly authorized person; c) Subpoena evidence including, but not limited to, records, llUI"Veys, plats, and other documentary evidence, which subpoena may be served by the Collier County Sheriff or B duly authorized person; d) Take testimony under oath; e) Hold hearings on Notices of Violations; f) Issue orders having the force of law to command whatever steps are necessary to bring a violation into compliance; g) Assess administrative fines, costs, and to impose liens and order the payment of such fmes, as provided for herein; h) Authorize the County Attorney, or his designee, to foreclose on a lien or sue (0 recover a money judgment for unpaid fines and costs imposed by the Enforcement Board; and i) Uphold any other powers and duties granted by Chapter 162, Florida Statutes, the Local Government Code Enforcement Board Act. 6 Agenda Item No. 17D October 11, 2005 Page 9 of 18 Agenda Item No, 170 October 11, 2005 Page 10 of 18 SECTION EIGHT: Enforcement Procedures before tbe Enforcement Board. 1. Matters brought to the Enforcement Board shall be scheduled on the applicable agenda consistent with the following procedures: A. Alleged violations of any code or ordinance may be filed with the Code Enforcement Department by citizens or those administrative officials who have the responsibility of enforcing the various codes and ordinances in force in Collier County, B, If a violation(s) of a code or ordinance is believed to exist, the issuing officer shall provide notice and specify a reasonable time to correct the violation(s), Notice shall be given in writing and shall specify the alleged violation, the required corrective action and the time period for correction, C. Should any violation continue beyond the time specified for correction, the Secretary to the Board shall give notice to the violator that a hearing will be conducted concerning the alleged violation(s) as noticed. The Notice shall state tbe time and place of the hearing, as well as the violation(s) which are alleged to exist. D. If the violation is corrected and then reoccurs or if the violation is not corrected by the time specified for correction by the issuing officer may either issue a citation or schedule the case for hearing. If the issuing officer initiates the hearing process, the case may be brought for hearing even if the violation has been corrected prior to hearing, and the notice of hearing shall so state, E. If the issuing officer has reason to believe a violation or the condition causing the violation presents a serious threat to the public health, safety and welfare or if the violation is irreparable or irreversible in nature, the issuing officer shall make a reasonable effort to notify the violator and may immediately notify the Enforcement Board and request a hearing, Under such circumstances, the issuing officer shall not be required to adhere to the notice and time requirements as set forth above. F. If a repeat violation is found, the Code Investigator shall notify the violator but is not required to give the violator reasonable time to correct the violation. The issuing officer, upon notifying the violator of a repeat violation, may request a hearing. The Code Enforcement Department shall give notice to the violator as set forth in paragraph C. of this Section, The case may be brought for hearing even if the repeat violation has been corrected prior to hearing, and the notice of hearing shall so state, G. If the owner of property which is subject to a code enforcement proceedingrtransfers ownership of such property between the time the notice of violation was served and the time of the hearing, such owner shall: I) Disclose, in writing, the existence and the nature of the proceeding to the prospective transferee; 2) Deliver to the prospective transferee a copy of the notices and other materials relating to the code enforcement proceeding received by the violator/transferor; 3) Disclose, in writing, to the prospective transferee that the new owner will be responsible for compliance with the applicable code and with orders issued in the code enforcement proceeding; and 7 Agenda Item No. 170 October 11, 2005 Page 11 of 18 4) File a notice with the Code Bnforec:ment Department of the transfer of the property, with the identity and address of the new owner and copies of the disclosures made to the new owner, within five (5) days after the date of the transfer, 5) A failure to make the disclosure described above and befon: the transfer creates a rebuttable presumption of fraud. If the property is transferred before the hearing, the hearing shall not be dismissed, but the new owner shall be provided a reasonable period oftime to correct the violation before the hearing is held. 2. Matters brought to the Public Nuisance Abatement Board shall be scheduled ona sepmte agenda in accordance with the following procedures: A. Any employee, officer or resident of Collier County may make a complaint and request for prosecution of public nuisances before the Nuisance Abatement Board, for public nuisance(s) located within the area of Collier County as set forth in Section 'I'brce of this Ordinance. Said complaint shall be made with the Collier County Sheriff's Office if the complaint involves criminal activity as the underlying basis for the nuisance complaint. Any non-criminal nuisance complaints shall be made with the Collier County Code Enforcement Department. B, Upon the making ofmon: than two (2) complaints within a six (6) month period on any particular place or premises, the Collier County Code Enforcement Supervisor or hislher designee shall mail written notice of such complaints by hand delivery or by certified mail, retum receipt requested, to the owner of tbe place or premises complained of at the owner's address listed in the tax collector's office of tax nonces. Said notice shall provide for the owner of the place or premises to contact the Collier County Code Enforcement Department within fourteen (14) days of receipt of the notice. This time period shall be allowed for the purpose of allowing the owner to take such good faith measures as arc appropriate to abate the nuisance. The Code Enforcement Supervisor or bislher designee may extend the fourteen (14) days to allow the owner to initiate or continue actions to abate the nuisance, provided that the actions taken are reasonable. C. In the event the owner fails to respond to the notice from Collier County Code Enforcement or fails to take reasonable action to abate the nuisance within the time frames set forth above. the Secretary to the Board shall schedule I hearing on the complaint before the Nuisance Abatement Board. The Sheriff's Office shall provide the Prosecutor with the results of its investigation of the complaint and also assist in serving any notices required under this Ordinance. The Sheriff's Office shall also make available the Sheriff's staff witnesses to appear before the Nuisance Abatement Board without need for subpoena. D. Written notice of a hearing before the Nuisance Abatement Board shall be provided by the Secretary to the Board by certified mail, return receipt reqUllllted, to the owner of the place or premises and to the. complainant at least ten (10) calendar clays prior to the scheduled hearing. Said notice shall include: (1) A statement of the time, place and nature of the hearing; (2) A statement of the legat authority and jurisdiction under which the hearing is to be held; 8 Agenda Item No. 170 October 11. 2005 Page 12 of 18 (3) A reference to the particular sections of the statutes and ordinances involved; and (4) A short and plain statement summarizing the nuisance, which is the subject of the complaint. SEcrION NINE: Subpoena Procedures. I. Every subpoena for testimony before an Enforcement Board or Nuisance Abatement Board shall be approved in advance of issuance by the Enforcement Board or Nuisance Abatement Board. Each subpoena shall state the name of the Enforcement Board, the title of the action, the case number of the action, the name and address of the person to whom the subpoena is issued, and the time, place and location of the hearing at which the person is directed to appear, and shall be prepared by the party requesting issuance. 2. A subpoena for production of documentary evidence may also be issued to command the person to whom it is directed to produce the books, papers, docmnents or tangible items designated therein, The Enforcement Board, upon motion made timely and in any event at or before the time specified in the subpoena for compliance therewith, may (1) quash or modify the subpoena if it is UIIl"C8SOnable or oppressive, or (2) condition denial of the motion upon the advancement by the person on whose behalf the subpoena is issued of the reasonable cost of producing the requested books, papers, documents or tangible items. 3, A subpoena may be served by any person authorized by law to serve process or by any other person who is not a party to the action and who is not less than eighteen (18) years of age. Proof of such service shall be made by affidavit of the person making service if not served by an officer authorized by law to do so, Proof of service shall be filed with the secretary of the Enforcement Board, The party at whose request the service is made shall make payment of any service fee. 4. Persons subpoenaed shall be entitled to a witness fee and mileage compensation as provided for in Section 92.142, Florida Statutes. The cost of the witness fee and mileage compensation shall be bome by the party at whose request the subpoena is issued and shall be paid to the witness at or before the time of service of the subpoena SECTION TEN: CODduct of Hearlnl. I. Hearings relating to violations of local codes and ordinances shall be conducted in the following manner whether being held by the Code Enforcement Board or Nuisance Abatement Board, a) Upon request of the issuing officer, or at such times as may be necessary, a hearing before the Enforcement Board may be convened, b) All hearings shall be open to the public and any person whose interests may be affected by the matter before the Enforcement Board shall be given an opportunity to be heard. Official minutes of all hearings shall be kept. c) Hearings may be informal and need not be conducted in accordance with the technical rules relating to evidence and witnesses, They shall, however, be conducted in accordance with accepted parliamentary procedures relative to motions, votes and decisions, Fundamental due process shall be observed and shall govern all hearings. 9 Agenda Item No. 17D October 11 , 2005 Page 13 of 18 d) At the hearing. the burden of proof shall be upon the prosecutor to show by the greater weight of evidence that a violation(s) does exist and that the violator committed, or was responsible for maintaining or allowing the violation to continue. e) Where notice of the hearing bas been provided to the violator as provided for berein, a hearing may be conducted and an order rendered even in the absence of the Violator. f) All testimony shall be under oath and shall be recorded by a certified court reporter and/or a recording instrument. The violator may cause the proceedings to be recorded by an independent certified court reporter. g) An relevant evidence shall be admitted if: in the opinion of the Enforcement Board, it is the type of evidence upon which reasonable persons would nonnally rely in the conduct of business atrairs, regardless of the existence of any common law or statutory rule which might make such evidence inadmissible over objection in civil actions. Any part of the evidence may be received in written form. h) Hearsay evidence may be accepted for the purpose of supplementing or explaining any direct evidence, but such hearsay evidence shall not in and of itself be considered sufficient to support a finding or decision. i) Each party to the hearing shall have the right to call and examine witnesses, introduce cxlubits, cross-examine opposing witnesses, impCIICh wilnesses and rebut evidence. The violator may be represented by legal counsel at all hearings. j) At the conclusion of the hearing, an oral decision (order) shall be issued based on evidence entered into the record. The decision shall then be sent to the respondent in the fonn of a written order including findings of fact, and conclusion of law based on evidence of record. k) Should an Enforcement Board be unable to issue a decision immediately following any hearing because of questions of law or other matters of such nature that a decision cllUlot be immediately made, the Enforcement Board may withhold issuing its decision until a subsequent meeting, In such case, further discussion of the pending matter and all deliberations relating thereto by members of an Enforcement Board shall occur at a public meeting of the Enforcement Board. The Board shall thereafter iasue its decision pursuant to Subsection j. of this Section. 1) A certified copy of such order may be recorded in the public records of Collier County and shall constitute notice to any subsequent purchasers, successors in interest, or assigns as the violations concerns real property, and the findings therein shall be binding upon the violator and, if the violation concerns real property, any subsequent purchasers, successors in interest, or assigns. m) If Collier County prevails in prosecuting a case before the Enforcement Board, it shall be entitled to recover all costs incurred in prosecuting the case before the Enforcement Board. Whether and to what extent such costs are imposed shall be within the discretion of the Enforcement Board but shall not exceed the costs incurred. 2. The Collier County Code Enforcement Department shall present cases before the Nuisance Abatement Board. The Collier County Sheriff's Office shall only be responsible for 10 Agenda Item No. 170 October 11 . 2005 Page 14 of 18 receiving and investigating complaints, sharing said investigative information with the Code Enforcement Department, notifying the Code Enforcement Department of the nccd to schedule hearings, assisting the Code Enforcement Department staff in serving any notices required under this Ordinance and 1l1lIking available investigative witnesses at Nuisance Abatement Board hearings, as generally set forth in Section Eight of this Ordinance. All parties shall have an opportunity to present evidence and argue on all issues involved, to conduct cross-examination and submit rebuttal evidence, and to be represented by counsel. Where appropriate, the public may be given an opportunity to present oral or written communications. If the Nuisance Abatement Board proposes to consider such material, then all parties shall be given an opportunity to cross-examine or challenge or rebut said material. All testimony shall be under oath and shall be recorded. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. Orders of the Nuisance Abatement Board shall be based on competent and substantial evidence and must be based on a preponderance of the evidence. 3, After considering all evidence, the Nuisance Abatement Board may declare the place or premises to be a public nuisance, as defined in this Ordinance and applicable Florida Statutes, and may enter an order immediately prohibiting: a) the maintaining of a nuisance; b) the operating or maintaining of the place or premises, including the closure of the place or premises or any part thereof; c) the conduct, operation or maintenance of any business or activity on the premises which is conducive to such nuisance. An order entered under Subsection 2. shall expire after one year or at such earlier time as stated in the order. The Nuisance Abatement Board may retain jurisdiction to modify its orders prior to the expiration of said orders, 4. The Nuisance Abatement Board or any other authorized person, may bring a complaint under Section 60.05, Florida Statutes, seeking a permanent injunction against any public nuisance, SECTION ELEVEN: Penalties before Enforcement Board. 1. Upon a finding of violation, the Code Enforcement Board may order the violator to pay a fine which shall not exceed one thousand dollars ($1,000.00) per day per violation for each day the first violation continues past the date set for compliance by the Code Enforcement Board; or in the case of a repeat violation, may order the repeat violator to pay a fine which shall not exceed five thousand dollars (55,000.00) per day per violation for each day the repeat violation continues past the date set for compliance by the Code Enforcement Board, or from the tiine the violation has been repeated, and a hearing shall not be necessary for the issuance ofthe order. If the Enforcement Board finds a violation to be irreparable or irreversible in nature, it may impose a fine not to exceed fifteen thousand dollars ($15,000,00) per violation. 11 Agenda Item No. 170 October 11, 2005 Page 15 of 18 2. In detennining the amount of the fine, if any, an Enforcement Board shall consider the following factors: A. The gravity of the violation; B. Any actions taken by the violator to correct the violation; and C. Any previous violations committed by the violator. 3. The Nuisance Abatement Board may order the violator to pay a fine which shall not exceed Two Hundred and Fifty dollars ($250) per day for each day the fint violation continues past the date set for compliance; or in the case of a repeat violator, may order the repeat violator to pay a fine which shall not exceed Five Hundred dollars ($500) per day. 4. Where the Nuisance Abatement Board hears an administrative action, based on a stolen property nuisance, against a property owner operating an establishment where multiple tenants, on one site,conduct their own retail business, the property owner shall not be subject to a lien against his or her property or the prohibition of operation provision if the property owner evicts the business dcc1ared to be a nuisance within 90 days after notification by registered mail to the property owner of a second stolen property conviction of the tenant. The total fines imposed pursuant to the authority of Section 893,138, Florida Statutes, shall not exceed Fifteen Thousand dollars ($15,000). 5, A certified copy of an Enforcement Board's order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation occurred or exists and upon any other real or personal property owned by the violator; and shall be superior to the interest on such parcel or property of any owner, lessee, tenant mortgagee or other person except the lien of county taxes, and shall be coequal with County taxes enforced in the same manner as a court Judgment by the sheriffs of this State, including levy against personal property, but shall not be deemed to be a court judgment except for enforcement purposes. After three (3) months from the filing of any such lien which remains unpaid, the Enforcement Board may authorize the County Attorney to foreclose on the lien or forward the lien to a collection agency. No lien created pursuant to this Ordinance may be foreclosed on real property, which is a homestcadunder Article X, Section 4 of the Florida Constitution. 6. No lien provided under this Ordinance shall continue for a period longer than twenty (20) years after the certified copy of an order imposing a fme has been recorded, unless within that time an. action to foreclose on the lien is commenced in a court of competent jurisdiction. The continuation of the lien affected by the commencement of the action shall not be good against creditors or subsequent purchasers for valuable consideration without notice, unless a Notice of Lis Pendens is recorded. SECTION TWELVE: Costs for Nullance Abatement eases. In the event the Nuisance Abatement Board declares a place or premises to be a nuisance and issues an order pursuant to Section Ten of this Ordinance, the Nuisance Abatement Board shall assess against the owner of the place or premises the costs which the County, its attorney andlor the Sheriff's Office have incurred in the preparation, investigation and presentation of the case. These costs shall be due and payable 20 days after the written order of the Nuisance Abatement 12 Agenda Item No. 170 October 11,2005 Page 16 of 18 Board has been filed in the public records. A certified copy of an order imposing costs may be recorded in the official records and thereafter shall constitute a lien against the land on which the violation exists Dr, if the violator does not own the land, upon my other real or personal property owned by the violator. Upon petition to the Circuit Court, said order/lien may be enforced in the same manner as a court judgment except for enforcement purposes. After (1) year from the filing of any such lien, which remains unpaid, Collier County may foreclose or otherwise execute on the lien with recovery of all costs, including reasonable attorney fees, associated with the recording of the order and foreclosure. Interest shall accrue on the unpaid costs at the legal rate of interest set forth in Section 55,03, Florida Statutes, as said statute may be amended, or replaced or superseded from time to time. No lien created pursuant to the provisions of this Ordinance may be foreclosed on real property that is homestead under Article X, Section Four of the Florida Constitution, SECTION THIRTEEN: Rehearing of Enforcement Board ActioD. 1. Either the prosecutor or the violator may request a rehearing of the decision of an Enforcement Board. A request for rehearing shall be made in writing and shall be filed with the Secretary to the Enforcement Board within ten (10) days of the date of receipt of the Board's written order, but in no event more than 20 days from the date of mailing of the written order, A request for rehearing shall be based only on the ground that the decision was contrary to the evidence or that the hearing involved an error on a ruling of law, which was fundamental to the decision of the Enforcement Board. The written request for rehearing shall specify the precise reasons therefore. 2. The Enforcement Board shall make a determination whether to rehear the matter and its decision shall be made at a public meeting, reduced to writing, and. mailed to the interested parties within 10 days after the date the decision is made. If the Enforcement Board detennines it will grant a rehearing, it may: A. Schedule a hearing where the parties will be given the opportunity of presenting evidence or argument limited by the Enforcement Board to the specific ~asons for which the rehearing was granted; or B. Modify or reverse its prior order, without receiving further evidence, providing that the change is based on a finding that the prior decision of the Enforcement Board resulted from a ruling on a question of law which the Enforcement Board has been infonned was an erroneous ruling. 3, The original order of the Enforcement Board shall be stayed and the time for taking an appeal, pursuant to Section Fourteen of this Ordinance, shall not commence to run until a request for rehearing has been denied or otherwise disposed of and the written decision has been received by the interested parties; provided, however, that in no event shall the order be stayed for a period longer than 20 days from the date of mailing of the rehearing decision. SECfiON FOURTEEN: Appeals. 1. Any aggrieved party, including the Commission, may challenge a final administrative order of an Enforcement Board to the Circuit Court. Such challenge shall not be a hearing de 13 Agenda Item No. 170 October 11 , 2005 Page 17 of 18 novo but sball be limited to appellate: review of the rc:c:ord creatc:d before tho Bnforcement Board. Any appeal shall be filed within thirty (30) days of the execution of the order to be appealed, 2. In the event that a party to the proceedings before: an Enforcement Board should elect to appeal, a verbatim record of the proceedings may be required or may be desirable. It shall be the sole responsibility of each party to the proceedings to ensure that a record is made which includes the testimony upon which an appeal may be taken. Neither Collier COWlty nor any Enforcement Board shall have any responsibility to provide a verbatim transcript of the proceedings. SECfION FIFTEEN: Notices. 1. All notices required by this Ordinance shall be provided by certified mail, return rc:c:cipt requested, or by hand delivery by the Code Enforcement Director, Sheriff or other law enforcement officer, code official, or other person designated by the Commission or by leaving the notice at the violator's usual place of residence with some person of hislher family over IS years of age and informing such person of the contents of the notice. 2, In addition to providing notice as set forth in Subsection 1 of this Section, at the option of the Enforcement Board, notice may also be served by publication, as follows a, Such notice shall be published once during each week for four (4) consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Collier County. The newspaper shall meet such requirements as are prescribed under Chapter SO, Florida Statutes, for legal and official advertisements. b. Proof of publication shall be made as provided in Sections 50.041 and 50.051, Florida Statutes. c. In lieu of publication as described in Subsection (2)(a) of this Section, sucb notice may be posted for at least (10) days in at least two (2) locations, one of which shall be the property upon which the violation is alleged to exist and the other of which shall be at the front door of the courthouse. Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and placc.ti of posting. Notice by publication or posting may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required Wlder section under Subsection 1 of this Section. 3, Bvidence that an attempt bas been made to hand deliver or mail notice as provided in Paragraph 1 of this Section, together with proof of publication or posting, shall be sufficient to show that the notice requirements of this Ordinance have been met, without regard to whether or not the violator actually received such notice. 4. Proper notice may be assumed when a notice of violation andlor hearing has been mailed to the violator or his or her agent or other person in the household or business has accepted the notice, or where a Code Enforcement Investigator, under oath testifies that he/she did hand deliver the notice to the violator. SECTION SIXTEEN: Supplemeutal Provision. 14 Agenda Item No. 17D October 11 , 2005 Page 18 of 18 It is the intent of this Ordinance to provide additional or supplemental means of obtaining compliance with local codes IIDd ordinances. Nothing contained IDlder this Ordinance shall prohibit the County from enforcing its codes by any appropriate civil action. or by referral to the State Attorney's Office for prosecution in the case of a criminal violation. and/or by presentation to any other County board or agency with jurisdiction to hear and act upon the alleged code or ordinance violation. SECIlON SEVENTEEN: Repeal ofOnllDance No. 92-80, No. 96-11, No. 96-78, No. 98-20, and No. 99-26. Collier County Code Enforcement Board Ordinance No. 92-80. No. 96-78, No. 98-20 and No. 99-26 and Collier County Nuisance Abatement Board Ordinance No. 96-11 are hereby repealed and superceded in their entirety by this Ordinance. SECIlON EIGHTEEN: lnelUSIOD In the Code 01 La,.s and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word, SECIlON NINETEEN: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION TWENTY: Effective Date. This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of , 200S. AITEST: DWIGHT E BROCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLmR COUNTY, FLORIDA By: Deputy Clerk By: FRED W. COYLE, Chairman Approved as to form and legal sufficiency: ~ IS