Agenda 04/25/2006 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
April 25, 2006
9:00 AM
Frank Halas, Chairman, District 2
Jim Coletta, Vice-Chairman, District 5
Donna Fiala, Commissioner, District 1
Tom Henning, Commissioner, District 3
Fred W. Coyle, Commissioner, District 4
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. ALL REGISTERED SPEAKERS WILL
RECEIVE UP TO THREE (3) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN.
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
PARTICIPA TE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE
PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES
MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112,
(239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN
THE COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
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1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure
provided by Commission members for summary agenda.)
B. March 28, 2006 - BCCIRegular Meeting
C. April 11, 2006 - BCC/Regular Meeting
3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS)
A. 20 Year Attendees
1. James Capp, Road Maintenance
2. Steve Ritter, Traffic Operations
B. 25 Year Attendees
1. Paul Wilson, Ochopee Fire District
C. 30 Year Attendees
1. Linda Denning, University Extension Services
4. PROCLAMATIONS
A. Proclamation bestowing gratitude and appreciation to the Parks and Recreation Department
for their Summer Food Service Program. To be accepted by Jim Thomas, Athletics
Supervisor for the Parks and Recreation Department.
B. Proclamation bestowing gratitude and appreciation for PLAN (Physician Led Access
Network) of Collier County. To be accepted by Margaret Williams of the Collier County
Medical Society.
C. Proclamation designating April 20, 2006 as Naples High School Junior Civitan Club Day. To
be accepted by Ernie Modugno, Don Dix, Syd Fishman, Micky Dix and members of the NHS
Junior Civitan Club.
D. Proclamation designating April 23 to April 29, 2006 as Crime Victims' Rights Week. To be
accepted by Jane Heddy, Project Help; Angela Larson, Collier County Sheriff's Office; Betty
Ardaya, Victim Advocate for State Attorney's Office and Marci Sanders, Shelter for Abused
Woman and Children.
E. Proclamation designating April 24 - 30, 2006 as Reserve Officers Association Recognition
Week. To be accepted by Donald Peacock, Captain, United States Naval Reserve (Retired)
and James Elson, Captain, United States Army (Retired).
5. PRESENTATIONS
A. Presentation of the Florida Water Environment Association Award for Municipal Wastewater
Utility Operational Performance Excellence to the Collier County Water-Sewer District. Award
to be accepted by the Chairman of the Board of County Commissioners, Commissioner
Frank Halas.
B. This item to be heard at 10:30 a.m. Presentation by Chip Jones of KPMG (County Auditors)
regarding status of the County's FY2005 Comprehensive Annual Financial Report.
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6. PUBLIC PETITIONS
A. Public Petition request by William Cabada, on behalf of AI Bottino, to discuss "sweeps" by
Code Enforcement at Diamond Shores Condo Association.
Item 7 and 8 to be heard no sooner than 1 :00 p.m., unless otherwise noted.
7. BOARD OF ZONING APPEALS
A. This item requires that all participants be sworn in and ex-parte disclosure be provided by
Commission members. VA-2005-AR-8857: Laura and Angelo Puleio, owners of Enzos Pizzeria
and Italian Restaurant, represented by Carlo F. Zampogna, of Woodward, Pires & Lombardo,
P.A., requesting a variance from two side yard setbacks to allow for renovation of the interior
and an addition to provide restroom facilities and storage. The new addition encroaches
11.66 feet into the required 25-foot side setback leaving a 13.34-foot side yard on the
southern side of the property and also encroaches 14.99 feet into the required 15-foot side
setback leaving a 0.01-foot setback on the western side of the property. The subject property,
consisting of 0.47 acres, is located at 4351 Bonita Beach Road, in Section 5, Township 48
South, Range 25 East, in Collier County, Florida.
8. ADVERTISED PUBLIC HEARINGS
A. This item continued from the April 11 , 2006 BCC Meeting. Recommendation to consider
Adoption of an Ordinance Establishing the Copper Cove Community Development District
(CDD) pursuantto Section 190.005, Florida Statutes.
B. Staff is requesting this item be continued to the May 23, 2006 BCC meeting in order to allow
the Planning Commission to hear this petition. This item requires that all participants be
sworn in and ex parte disclosure be provided by Commission member. PUDZ-A-2004-AR-
6283 Lely Development Corporation represented by Coastal Engineering Consultants, Inc.,
request an amendment to the Lely Barefoot Beach PUD by revising the PUD Document and
Master Plan to amend Tract J from a 1.74 acre utility site to a .73 single-family residential
development site and 1.01 acre mangrove preserve area. Tract J consist of 1.74 acres and is
located at the southwest corner of Barefoot Beach Boulevard and Bayfront Drive, located in
Sections 5, 6, 7 & 8, Township 48 south, Range 25 east, Collier County, Florida.
C. Recommendation to approve a resolution adopting the Collier County HUD 5-Year
Consolidated Plan for FY 2006 -2010 and One Year Plan for FY 2006 - 2007 for Community
Development Block Grant (CDBG), Home Investment Partnerships (HOME), American Dream
Downpayment Initiative (ADDI) and Emergency Shelter Grant (ESG) Programs, authorize
required HUD Certifications, approve execution of Subrecipient Agreements by the County
Manager or his designee, and submit to the United States Department of Housing and Urban
Development (HUD).
D. Recommendation that the Board of County Commissioners adopt an Ordinance amending
Schedule Eight of Appendix A of Chapter 74 of the Collier County Code of Laws and
Ordinances (The Collier County Consolidated Impact Fee Ordinance) providing for the
incorporation by reference of the impact fee study entitled Collier County Library Facilities
and Items/Equipment Impact Fee Update dated April 4, 2006, amending the Library Impact
Fee Rate Schedule to reflect the amended rates set forth in the impact fee study, updating the
annual mid-cycle indexing for the library impact fee rates, and providing for a delayed
effective date of June 12, 2006.
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E. Recommendation that the Board of County Commissioners adopt an Ordinance amending
Schedule One of Appendix A of Chapter 74 of the Collier County Code of Laws and
Ordinances (The Collier County Consolidated Impact Fee Ordinance) providing for the
incorporation by reference of the impact fee study entitled Collier County Transportation
Impact Fee Update Study dated April 2006, amending the Road Impact Fee Rate Schedule to
reflect the amended rates set forth in the impact fee study, updating the annual mid-cycle
indexing for the Road Impact Fee Rates, and providing for a delayed effective date of June
30, 2006.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Bayshore-Gateway Triangle Local Redevelopment Advisory
Board.
B. Appointment of member to the Development Services Advisory Committee.
C. Appointment of members to the Habitat Conservation Plan Ad Hoc Advisory Committee.
D. Appointment of member to the Environmental Advisory Council.
10. COUNTY MANAGER'S REPORT
A. Recommendation to adopt a resolution authorizing the acquisition by gift or purchase 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 and
six-lane expansion of Oil Well Road from Immokalee Road to Camp Keais Road. (Capital
Improvement Element No. 44, Project No. 60044). Estimated fiscal impact: $12,852,500.
(Norman Feder, Administrator, Transportation Services)
B. To present to the Board the sequence of events that occurred relating to the Wilderness
Country Club Code Case and discuss any concerns the Board has with how the Department
is enforcing the Code. (Joseph K. Schmitt, Administrator, Community Development)
C. Approve a request for permission to apply for a Florida Communities Trust Florida Forever
Grant in the estimated amount of $9.9 million for reimbursement for the purchase of the
lands surrounding the Naples Zoo. (Marla Ramsey, Administrator, Public Services)
D. Recommendation that the Board of County Commissioners approve an award of $250,000
from ad valorem reserve in support of the stormwater drainage component of City of Naples'
Solana/Burning Tree Drive improvements. (Norman Feder, Administrator, Transportation
Services)
11. PUBLIC COMMENTS ON GENERAL TOPICS
12. COUNTY ATTORNEY'S REPORT
A. Recommendation that the Board of County Commissioners adopt a Resolution calling for a
Referendum Election on November 7, 2006 to determine whether the voters approve
continuing the levy of an ad valorem tax not exceeding .25 mil through the year 2013 (with
the total sum to be limited in any event to $198 million inclusive of all sums collected to date)
to continue to fund the Conservation Collier Programs acquisition and management of
environmentally sensitive lands.
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B. Recommendation that the Board of County Commissioners and the Board of County
Commissioners acting as Ex-Officio the Board to the Collier County Water-Sewer District
Board approve a Settlement Agreement and Release with Belair Builders, Inc. and authorize
the Chairman to execute any necessary settlement documents following review for form and
legal sufficiency by the County Attorney Office. Back-up materials to be provided to the
Commissioners prior to the Board meeting.
13. OTHER CONSTITUTIONAL OFFICERS
14. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will
be taken by one motion without separate discussion of each item. If discussion is desired by a
member of the Board, that item(s) will be removed from the Consent Agenda and considered
separately.
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1. Recommendation to approve for recording the final plat of Artesia Naples Phase 3, approval
of the standard form Construction and Maintenance Agreement and approval of the amount
of the performance security.
2. Recommendation to approve for recording the final plat of Bucks Run Reserve, approval of
the standard form Construction and Maintenance Agreement and approval of the amount of
the performance security.
3. Recommendation to approve for recording the final plat of Black Bear Ridge Phase 2,
approval of the standard form Construction and Maintenance Agreement and approval of the
amount of the performance security.
4. Recommendation to approve for recording the final plat of Manchester Square, approval of
the standard form Construction and Maintenance Agreement and approval of the amount of
the performance security.
5. Recommendation to approve for recording the final plat of Summit Place in Naples, Phase II,
approval of the standard form Construction and Maintenance Agreement and approval of the
amount of the performance security.
6. Recommendation to grant final approval of the roadway (public) and drainage improvements
for the final plat of Carson Lakes Phase II. The roadway improvements will be maintained by
Collier County.
7. Recommendation to approve for recording the final plat of Tract 2 of Golden Gate Estates
Unit No. 33 Replat.
8. Recommendation to approve an Agreement for Sale and Purchase with Daryl Ballweg, Larry
Horman, and Mary Ann Horman for 4.79 acres under the Conservation Collier Land
Acquisition Program, at a cost not to exceed $176,750.
9. Recommendation to approve an Agreement for Sale and Purchase with Antonio Briceno and
Carmen M. Briceno for 4.66 acres under the Conservation Collier Land Acquisition Program,
at a cost not to exceed $173,750.
10. Recommendation to approve a budget amendment ($176,664) to the State Housing Initiative
Partnership (SHIP) account for the receipt of an additional allocation for disaster assistance
due to Hurricane Wilma.
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11. Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase
3F, approval of the standard form Construction and Maintenance Agreement and approval of
the amount of the performance security.
12. Recommendation to approve for recording the final plat of Firano at Naples, approval of the
standard form Construction and Maintenance Agreement and approval of the amount of the
performance security.
B. TRANSPORTATION SERVICES
1. Recommendation to approve and execute the attached First Amendment to Lease with Drop
Anchor Mobile Homeowners Association, Inc. for the continued use of County-owned right-
of-way at a first years annual rent of $10.
2. Recommends Board's approval of Adopt-A-Road Agreements (2) for the following: ASAP
Accounting Service of Ana Patino, Inc. and American Home Mortgage.
3. Recommendation for the Board of County Commissioners to approve a budget amendment
to recognize Carry Forward in the amount of $73,726 for the East Central Transportation
Concurrency Management Area, Project No. 600641.
4. Recommendation that the Board of County Commissioners (1) approve a Resolution
authorizing the Chairman of the Board of County Commissioners to execute an Interlocal
Agreement with the School District of Collier County, for the construction of a sidewalk on
Floridan Avenue from Confederate Drive to Broward Street ($200,000); and (2) approve future
fiscal year annual costs of sidewalk maintenance and all necessary budget amendments.
5. To authorize the County Manager or his designee to execute the attached Florida
Commission for the Transportation Disadvantaged grant application and applicable
documents. ($10,126)
6. Recommendation for the Board of County Commissioners to approve a budget amendment
to recognize additional revenue for the Collier County Transportation Pathways Program in
the amount of $159,350.34 for Project No(s). 690811, 690822, and 690817.
7. Recommendation to approve Change Order #3 to Contract # 04-3535, Work Order UC-110
with Douglas N. Higgins, Inc. in the amount of $89,820 to support the addition of a sidewalk
on the north side of Granada Boulevard in coordination with the Twin Lakes Interconnect,
Project #510054.
8. Recommendation to approve a Cross Easement Agreement for the construction of one
stormwater retention pond on both Collier County property and the District School Boards
property to jointly serve the Santa Barbara Boulevard expansion project and the Calusa
Pines Elementary School. Project #62081. (Estimated fiscal impact for maintenance of the
pond is $11,000.00 annually.)
9. Recommendation that the Board of County Commissioners (1) approve a Resolution
authorizing the Chairman of the Board of County Commissioners to execute a Roadway
Signage Maintenance Agreement with the State Department of Environmental Protection
(FDEP) in which Collier County would be accept the maintenance of roadway directional
signage for the Everglades Driving Trail within the Collier County geographical limits; and (2)
approve future fiscal year annual costs of sign maintenance and all necessary budget
amendments.
10. Recommendation to award Bid #06-3918, Roadway Paint, Thermoplastic Markings & Raised
Markers to Trutwin Industries, Inc. for an estimated annual cost of $400,000.
C. PUBLIC UTILITIES
1. Recommendation to approve second contract under Request for Proposal #02-3350 for the
standardization of biofilter odor control units with U.S. Filter Wastewater Group, Inc. d/b/a
U.S. Filter RJ Environmental in the estimated annual amount of $200,000.
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2. Recommendation to approve, execute and record Satisfactions for certain Water and/or
Sewer Impact Fee Payment Agreements. Fiscal impact is $38.50 to record the Satisfactions of
Lien.
3. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste
residential accounts wherein the County has received payment and said Liens are satisfied in
full for the 1993 Solid Waste Collection and Disposal Services Special Assessments. Fiscal
impact is $30.00 to record the Satisfactions of Lien.
4. Approve and execute the attached Resolution and Real Estate Exchange Agreement for
property to be exchanged between the City of Marco Island and Collier County.
5. Recommendation to terminate an inter-local agreement dated February 7,1995, between the
Collier County Water-Sewer District and the Florida Governmental Utility Authority (FGUA),
formerly Florida Cities Water Company.
6. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste
residential accounts wherein the County has received payment and said Liens are satisfied in
full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal
impact is $30.00 to record the Satisfactions of Lien.
7. Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste
residential account wherein the County has received payment and said Lien is satisfied in full
for the 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact
is $20.00 to record the Satisfaction of Lien.
8. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste
residential accounts wherein the County has received payment and said Liens are satisfied in
full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal
impact is $50.00 to record the Satisfactions of Lien.
D. PUBLIC SERVICES
1. Recommendation to Approve a Revised Collier County Public Library Fines and Fees
Schedule.
2. Recommendation to accept donated funds in the amount of $4,500 and approve a budget
amendment recognizing revenue and appropriating funds for Barefoot Beach Preserve.
3. Recommendation to authorize purchase of park maintenance equipment for North Collier
Regional Park in the amount of $232,632.06 from Westco Turf, Inc.
4. Recommendation to approve Addendum I to a Transportation Agreement for Nonprofit
Organization Transporting School-Age Children.
5. Recommendation to authorize purChase of hardware and software in the amount of $75,940
from Active Network for North Collier Regional Park
6. Recommendation to award Contract No. 05-3842, Design and Related Services for Goodland
Boating Park, at a cost of $500,000 to Johnson Engineering.
7. Recommendation to approve Change Order No.2 in the amount of $14,100 for re-bidding and
additional permitting for Eagle Lakes Community Park Phase II, Work Order No. WMBP-FT-
03-09.
8. Recommendation to award Bid No. 06-3981, Summer Truck Rental for Parks and Recreation,
to Enterprise Rent-A-Car at an estimated cost of $55,800 for the transportation of food to
recreation and school sites under the Summer Food Grant Program.
9. Recommendation that the Board of County Commissioners Approve a Memorandum of
Understanding with the School District of Collier County to Provide for Employee Screening
in Compliance with the Jessica Lundsford Act.
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E. ADMINISTRATIVE SERVICES
1. Recommendation to approve a budget amendment to Fund 518, Workers Compensation
Insurance, in the amount of $547,300 to fund anticipated claims settlement expenses through
the remainder of Fiscal Year 2006 and to recognize reinsurance recoveries in the amount of
$435,000.
2. Recommendation to ratify additions to and a deletion from the 2006 Fiscal Year Pay and
Classification Plan made from January 1, 2006 through March 31, 2006.
3. Recommendation to award a quote under Contract # 02-3349 in the amount of $77,850,
"Collier County ADA Restrooms Renovations for the CCSO Visitation Facility Bldg. D to Wall
Systems Inc. of SW FL dba Professional Building Systems.
4. Recommendation to approve a budget amendment and work order for updating the
Correctional (Jail) Master Plan under Contract #01-3235, Architectural Services with Schenkel
Shultz, Inc. in the amount of $111 ,490.
5. Recommendation to approve a Novation Agreement substituting the law firm of Young van
Assenderp, P.A. for the law firm of Landers & Parsons, P.A. in the Continuing Retention
Agreement dated January 9,2001.
6. Recommendation to award Bid No. 06-3949 Contract Printing Services.
7. Recommendation to award work order VC 02-68 in the amount of $106,350 to Wm. J. Varian
Construction Company for the project known as "Domestic Animal Services Concrete Kennel
Pads and Canopies" issued under Annual General Contractor Contract RFP 02-3349.
F. COUNTY MANAGER
1. Approve Isles of Capri Fire and Rescue District's application for a matching (50/50)grant
offered by Florida Division of Forestry in the amount of $3,996.00 and approve the necessary
budget amendments to recognize and appropriate revenue.
2. Request that the Board of County Commissioners approve the after-the-fact submittal of an
application to the Federal Emergency Management Agency (FEMA) for the Assistance to
Firefighters Grant for the Isles of Capri Fire Rescue District.
3. Approval to extend the attached two Leases with Keith Basik, Jeff Basik and Larry Basik, aka
NBC Storage, LLC, for the continued use of outside and warehouse storage for the Disaster
Response Program for an initial six-month period at a total cost of $19,932.
4. Recommendation for approval of a Budget Amendment to fund the purchase of Pandemic
Influenza protective supplies in the amount of $35,640.
5. Recommendation to award Bid # 06-3954 to multiple vendors for EMS Expendable Medical
Supplies and Equipment.
6. Recommendation to recognize additional funds received from the State of Florida for the
Emergency Medical Services County Grant Program and to approve a Budget Amendment to
appropriate funds in the amount of $53,594.
G. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY
1. Recommendation that the Board of County Commissioners, acting as the Community
Redevelopment Agency (CRA), approve the 2005 Annual Report of the CRA, direct staff to file
the Annual Report with the Board of County Commissioners (BCC) and to direct the County
Manager or his designee to publish notice of filing the report.
2. To approve and execute Site Improvement Grant Agreements between the Collier County
Community Redevelopment Agency and grant applicants within the Bayshore Gateway
Triangle Community Redevelopment area.
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H. BOARD OF COUNTY COMMISSIONERS
1. Commissioner Halas requests Board approval for payment to attend function serving a valid
public purpose to attend the Florida Gulf Coast University Commencement ceremonies on
Saturday, April 29, 2006, at the Alico Arena in Ft. Myers, Florida, $11.50 to be paid from
Commissioner Halas' travel budget.
2. Commissioner Halas requests Board approval for payment to attend function serving a valid
public purpsose to attend the 2006 Tourism Week Celebration at the Naples Grande Resort &
Club in Naples, Florida on Friday, May 19, 2006; $25.00 to be paid from Commissioner Halas'
travel budget.
3. Commissioner Fiala requests Board approval for reimbursement for serving a valid public
purpose in attending the Naples Alliance for Children's Annual Advocacy Dinner on
Wednesday, April 5th, 2006, at the Country Club of Naples; $35.00 to be paid from
Commissioner Fiala's travel budget.
I. MISCELLANEOUS CORRESPONDENCE
1. Miscellaneous Correspondence to file for record with action as directed.
J. OTHER CONSTITUTIONAL OFFICERS
1. Authorize the Supervisor of Elections to accept voter education funds with a 15% matching
contribution.
K. COUNTY ATTORNEY
1. Recommendation that the Board of County Commissioners Approve the Proposed Joint
Motion for an Agreed Order Awarding Expert Fees and Costs Relating to Parcel No. 178 in the
Case Styled Collier County v. Teodoro Gimenez, et at, Case No. 04-0561-CA, Vanderbilt
Beach Road Project #63051. (Fiscal Impact: $1,800.00).
2. Recommendation to Approve an Agreed Order for Expert Appraisal Fees and Costs Relating
to the Acquisition of Parcels 106 and 806 in Collier County v. Tree Plateau Co., Inc., et aI.,
Case No. 03-0519-CA, Immokalee Road Project #60018. (Fiscal Impact: $17,000.00).
3. Recommendation that the Board of County Commissioners and the Board of County
Commissioners as the Ex-Officio governing body of the Collier County Water-Sewer District
approve a settlement agreement proposed by Metcalf & Eddy relating to the project known as
the South County Regional Water Treatment Plant 8-MGD RO Expansion (Contract No. 98-
2891/Project No. 70054) and authorize the Chairman to execute any necessary settlement
documents following review by the County Attorney.
4. Recommendation to approve settlement in the lawsuit entitled Jeffrey Reister and Mary Lisa
Reister vs. Collier County, et aI., filed in the Twentieth Judicial Circuit in and for Collier
County, Florida, Case No. 04-173CA, for $2,250.00.
5. Recommendation to approve settlement in the lawsuit entitled Allstate Floridian Insurance
Company as Subrogee of Ann Dee Yurick vs. Collier County, filed in the Twentieth Judicial
Circuit in and for Collier County, Florida, Case No. 06-0003-CA, for $12,500.00.
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17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET
THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2)
UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING
COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3)
NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY
PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE
COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE
HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM.
FOR THOSE ITEMS, WHICH ARE QUASI-JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE
SWORN IN.
A. Recommendation to approve Petition AVESMT2005-AR7084 to disclaim, renounce and vacate
the Countys and the Publics interest in a 10 foot utility easement located between Lots 72
and 73 according to the plat of Bent Grass Bend at the Estates at Bay Colony Golf Club as
recorded at Plat Book 33, Pages 54 through 56, Public Records of Collier County, Florida, and
to accept an alternate easement in place of the vacated area.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE
COUNTY MANAGER'S OFFICE AT 774-8383.
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AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
April 25. 2006
Add On Item 12C: Recommendation that the Board of County Commissioners authorize the
County Attorney to retain the law firm of Nabors, Giblin & Nickerson, P.A., to (1) retain experts of
their choosing for the purpose of collecting all necessary data, and preparing a study and report
based on such data, to determine the legally appropriate fees the County can impose on
commercial and residential development to help offset such development's impact on affordable
housing needs within Collier County, and (2) based upon the findings of such study and report, to
prepare a legally sufficient Ordinance to be presented to the Board of County Commissioners for
consideration. It is anticipated that the total amount for all services provided shall not exceed
$150,000.00. All payments for these services shall be directed to Nabors, Giblin & Nickerson,
P.A. who shall pay the experts directly. (Staff's request.)
Item 16B8: The index title and Executive Summary refers to "the Calusa Pines Elementary
School". The correct name is "the Calusa Park Elementary School". (Staff's request.)
Item 1609: continued to the Mav 9.2006 BCC meetina: Recommendation that the Board of
County Commissioners approve a Memorandum of Understanding with the School District of
Collier County to provide for employee screening in compliance with the Jessica Lundsford Act.
(Staff's request.)
Time Certain Items:
Item 5B to be heard at 10:30 a.m.: Presentation by Chip Jones of KPMG (County Auditors)
regarding status of the County's FY 2005 Comprehensive Annual Financial Report.
Item 10B to be heard at 3:00 p.m. To present to the Board the sequence of events that occurred
relating to the Wilderness Country Club Code Case and discuss any concerns the Board has with
how the Department is enforcing the Code. (Commissioner Coyle's request.)
PROCLAMATION
Agenda Item No. 4A
April 25, 2006
Page 1 of 2
WHEREAS, the Summer Food Service Program is a grant funded by the
United States Department of Agriculture Food and Nutrition
Service and administered by the Florida Department of Education
with the purpose of ensuring that children can receive the same
high quality meals during the summer as provided by the schools
during the school year: and,
WHEREAS, the Collier County Parks and Recreation Department has
successfully administered the Summer Food Service Program in
conjunction with the summer camp program since 1982: and,
WHEREAS, over the course of the past twenty-four years, the Parks and
Recreation Department has served nearly two million meals to
children in disadvantaged neighborhoods in Collier County: and,
WHEREAS, Collier County Parks and Recreation has received the 2005
Summer Food Service Program Region IV A ward of Exemplary
Performance for a Small Sponsor for exemplary commitment,
dedication, and involvement to the service of providing nutritious
meals to the children of Florida.
,--.,
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, Florida that gratitude and appreciation are
bestowed upon the Parks and Recreation Department and its
staff for constant and commendable service on behalf of the
well-being of the County's children.
DONE AND ORDERED THIS 25th Day of April, 2006
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Frank Halas, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
-
Agenda Item No. 4A
April 25, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
4A
Item Summary:
Proclamation bestowing gratitude and appreciation to the Parks and Recreation Department
for their Summer Food Service Program. To be accepted by Jim Thomas, Athletics
Supervisor for the Parks and Recreation Department.
Meeting Date:
4/25/20069:0000 AM
Prepared By
Paula Springs
Board of County
Commissioners
Executive Aide to the BCC
Date
BCC Office
4/14/20063:26:18 PM
Approved By
Sue Filson
Executive Manager to the BCC
Date
Soard of County
Commissioners
BCC Office
4/14/20063:47 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4/14/20065:10 PM
Agenda Item No. 4B
April 25, 2006
Page 1 of 2
_.
PROCLAMATION
WHEREAS, the Physician Led Access Network of Collier County (PLAN), is an
initiative begun by the Collier County Medical Society, to provide
the safety net of access to healthcare for low-income, uninsured
adults in our community; and,
WHEREAS, PLAN is a community-based referral network that coordinates
volunteer medical care for eligible, low-income adults in need of
health services in Collier County; and,
WHEREAS, PLAN coordinates quality healthcare for the underserved of our
community; and,
WHEREAS, PLAN is led by physicians and is a community partnership that
brings together our physicians, community clinics, hospitals,
diagnostic and laboratory facilities, and other healthcare providers
through an integrated delivery system of care; and,
.-
WHEREAS, recently the health care providers of PLAN reached a
milestone of one million dollars in donated care by the medical
community of Collier County.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of
Collier County, Florida, that gratitude and appreciation is extended
to the Collier County Medical Society and the Physician Led Access
Network of Collier County for their donation of one million dollars in
donated care and compassion in treating Collier's underserved.
DONE AND ORDERED THIS 25th Day of April, 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
-
Agenda Item r~o. 48
April 25. 2006
Page2of2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
48
Item Summary:
Proclamation bestowing gratitude and appreciation for PLAN (Physician Led Access
Network) of Collier County. To be accepted by Margaret Williams of the Collier County
Medical Society.
Meeting Date:
4/25/20069:00:00 AM
Prepared By
Paula Springs
Board of County
Commissioners
Executive Aide to the BCC
Date
BCC Office
4/14120063:32:12 PM
Approved By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
BCC Office
4114120063:46 PM
Approved By
Leo E. OChs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4114120065:09 PM
Agenda Item No. 4C
April 25, 2006
Page 1 of 2
._eo""_'"
PROCLAMATION
WHEREAS, the Neapolitan Civitan Club is sponsoring the Naples High School Junior
Civitan Club, a part of an international organization dedicated to helping
our youth unite to make a difference in our society; and,
WHEREAS, Junior Civitan teaches our youth to be "Suilders of Good Citizenship",
being centered on helping the communities while supporting their members
to live fuller and unselfish; and,
WHEREAS, Junior Civitan is progressive in a world of change, and their members
have pledged to be aware citizens, seeking to meet the needs of the
world in order to insure a better future for all people; and,
WHEREAS, the Naples High School Junior Civitan Club has made a commitment to
help other citizens of the world that are in need in their desire to make
this a better world in which we live; and,
WHEREAS, a group of dedicated local youths are founding the Naples High School
Junior Civitan Club by directing their energies to help the Naples
community and their fel/ow citizens; and,
...-
WHEREAS, the Naples High School Junior Civitan Club's pledge will further benefit
the Naples community and have a positive affect on its citizens.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, Florida, that April 20, 2006 be designated as
Naples High School Junior Civitan Club Day
DONE AND ORDERED THIS 25th Day of April, 2006.
SOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
ATTEST:
DWIGHT E. SROCK, CLERK
-
Agenda Item No. 4C
April 25, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
4C
Proclamation designating April 20, 2006 as Naples High School Junior Civitan Club Day. To
be accepted by Ernie Modugno, Don Dix. Syd Fishman, Micky Dix and members of the NHS
Junior Civitan Club.
Meeting Date:
4/25/20069:00:00 AM
Prepared By
Paula Springs
Board of County
Commissioners
Executive Aide to the BCC
Date
BCC Office
4/14/20063:36:52 PM
Approved By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
BCC Office
4/14/20063:46 PM
Approved By
Leo E. Ochs. Jr.
Deputy County Manager
Dale
Board of County
Commissioners
County Manager's Office
4/14/20065:08 PM
PROCLAMATION
Agenda Item No. 4D
April 25, 2006
Page 1 of 2
WHEREAS, victims of crime across America need and deserve support and assistance to help
them cope with the consequences of crime: and,
WHEREAS, National Crime Victim's Rights Week, April 2r through April 29'h, 2006 offers us all
the opportunity to promote strength in unity in helping victims and survivors of crime,
and recognizing their rights as victims: and,
WHEREAS, victims and survivors of crime can gain strength from the wide range of supportive
services offered by over J 0,000 community and justice system based programs and
the more than 32,000 federal and state statutes that define and protect their
rights: and,
WHEREAS, America has demonstrated its caring and compassion for victims of crime, from
individuals who provide support to a victim in need, to community collaborations that
result in comprehensive services for victims of violence against men, women and
children, to our entire nations response to the victims of terrorist attacks on
Oklahoma City and on September J J, 2ooJ; and,
WHEREAS, by being united against crime and for victims' rights and services, we gain strength as
individuals, as communities, and as a nation as a whole, and offer strength to victims
who seek to recover in the aftermath of crime: and,
-
WHEREAS, we must remain united in our commitment to ensure that all crime victims and
survivors are treated with compassion and respect, recognized as key participants
within our systems of justice, and afforded services that provide help and hope to
them; and,
WHEREAS, America has joined together annually each April since J 98J to recognize the needs
and rights of crime victims and survivors during National Crime Victims'Rights Week.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County,
Florida, that the week of April 23 to 29, 2006 be designated as
Crime Victims' Rights Week
and that we stand united in our commitment to victim justice as individuals,
communities and a Nation.
DONE AND ORDERED THIS 25th Day of April, 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
ATTEST:
.,.........
DWIGHT E. BROCK, CLERK
Agenda Item No. 4D
April 25. 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
40
Proclamation designating April 23 to April 29. 2006 as Crime Victims' Rights Week. To be
accepted by Jane Heddy. Project Help; Angela Larson, Collier County Sheriffs Office: Betty
Ardaya. Victim Advocate for State Attorney's Office and Marci Sanders. Shelter for Abused
Woman and Children.
Meeting Date:
4/25/2006 9:00:00 AM
Prepared By
Paula Springs
Executive Aide to the BCC
Date
Board of County
Commissioners
BCC Office
4/14/20063:44:29 PM
Approved By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
BCC Office
4/14/20063:44 PM
Approved By
Leo E. OChs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/14/20065:09 PM
PROCLAMATION
Agenda Item No. 4E
April 25, 2006
Page 1 of 3
WHEREAS, the Reserve Officers Association is a 75,000 member professional association
of federally recognized commissioned officers and warrant officers and
spouses of all the uniformed services of the United States including the Air
Force, Army, Navy, Marine Corps, Coast Guard, US Public Health Service
and the National Oceanic and A tmospheric Administration: and,
WHEREAS, the Reserve Officers Association was founded in 1922 with a mission to
"support and promote the development and execution of a military policy for
the United States that will provide adequate National Security"; and,
WHEREAS, the Reserve Forces of the United States are an invaluable source of
manpower and experience to supplement our Active Military Forces in time of
need; and,
WHEREAS, many members of the Reserve Forces have been mobilized and have served
with distinction in support of the Global War on Terrorism; and,
WHEREAS, the Reserve Officers Association has played a key role in our national
defense by supporting legislation to properly fund, train, equip, recruit and
retain National Guardsmen and Reservists; and,
-
WHEREAS, the Reserve Officers Association helps create leaders for tomorrow by
funding scholarships for ROTC cadets; and,
WHEREAS, the Naples-Marco Island Reserve Officers Association Chapter 27 will be
hosting the State Reserve Officers Association Convention in Naples on April
28 - 30, 2006.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners
of Collier County, Florida, that the week of April 24 - 30, 2006 be known
as:
Reserve Officers Association Recognition Week
DONE AND ORDERED THIS 28th Day of March, 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRANK HALAS, CHAIRMAN
_.
ATTEST:
DWIGHT Eo BROCK, CLERK
Agenda Item No. 4E
April 25. 2006
Page 2 of 3
,!l.aenda Item 1\10. 4E
~ ,A.pri! 25, 2006
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
4E
Meeting Date:
Proclamation designating April 24 - 30, 2006 as Reserve Officers Association Recognition
Week. To be accepted by Donald Peacock, Captain. United States Naval Reserve (Retired)
and James Elson, Captain. United States Army (Retired).
4/25/2006900:00 AM
Prepared By
Paula Springs
Executive Aide to the BCC
Date
Board of County
Commissioners
BCC Office
4/19/20068:45:14 AM
Approved By
Sue Filson
Executive Manager to the Bee
Date
Board of County
Commissioners
BCC Office
4/19/20069:07 AM
Approved By
Leo E. Ochs, Jr.
Deputy Countl' Manager
Date
Board of County
Commissioners
County Manager's Office
4/19:200612:14 PM
Agenda Item No. 6A
April 25, 2006
Page 1 of 24
COLLIER COUNTY MANAGER'S OFFICE
3301 East Tamiami Trail . Naples, Florida 34112 . (239) 774-8383 . Fax (239) 774-4010
April 13, 2006
Mr. William Cabada
5368 Grand Cypress Circle, #201
Naples, FL 34109
Re: Public Petition Request to Discuss "Sweeps" by Code Enforcement at Diamond
Shores Condo Association
Dear Mr. Cabada:
Please be advised that you are scheduled to appear before the Collier County Board of
Commissioners at the meeting of April 25, 2006 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, /
~ -- /' ..'/
'~"'L' .~~7 ~ .
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t...-
James V. Mudd
County Manager
JVM/jb
cc: David Weigel, County Attorney
Joseph Schmitt, C.D.&E.S. Administrator
,.,,-.,.,
04/13/2006 14:06 21247214142
84/07/2B86 14:83 2397748588
ABDTTIO
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04/13/2006 14:05
21247214142
ABOTTIO
Agenda RfiN~~Af7
April 25, 2006
Page 3 of 24
, \,
1646 First Ave., Apt. 1& G
New Yoxk, NY 10029
Phone: 212-472-1414 Fax: 212-772-8082
April 13, 2006
County Commissioners
Naples, Fl
Dear County Commissioners:
My name is AI Bottino. I am authorizing Willy Cabeda, maintmance supervisor at Diamond
Shores condo association, to represent David Steinberg and myself at Ibis hearing. Sreinberg and
Bottino are the majority owners at Diamond Shores.
I am protesting'the improper ,.~.. by Code Enforcement at Diamond ShOl:eS Condo
Association. Most of the residents at Diamond Shores are Hispanic Americans. Most are not
fluent in Bneli!ffi or are non-English speaking. On February 7, 2006, a horde of County Agents
descended on Diamond Shores in an effort to write up violations and to harass the Hispanic
Americans living 1here.
1. There was no letter sent by Code Enfurcement to the residents telling them. of the nature of
this illegal "sweep.". They just suddenly appean:d and began knocking on doors.
Sec. 22-234(a), Code of Laws, states "aIuill cmIaia to tbe mnaer. occuPU.t or OJJeratur the
PUI."l)Oll.e of tile woedio.. ..
As most of the people living there are not fluent in English or are non-English speaking, this
could not be "explained" to them by County Agents. Therefore, the entire February 7th "sweep"
was illegal as was all other "sweeps" and inspec;tioos unless specifically called fur' by the ten8llt.
Also, the fact that these agents are in uniforms is an intimidating factor to n:um:y Hispanic
Americans., some of whom might be illegal itnmigJ'mts_ This gives the agents an opportunity to
gain entrance, because the tenant mistakenly believes that they must give them the right of entry.
Also, Sec.22--233 of the Code of Laws BtliItos tlUIt the County has no authorization "to conduct
inspections of properties without the consent of the owner or occupant or wi1bout a warrant."
The FebnJary 'J'h "sweep" and previous "sweeps" were in violation of this code.
In their zeal to amass violations. some agents bear false witness and tell teDlInG 1bat the owner
gave them pmni5sion to enter the unit. This is what Agent JeffLateman does. Complaints to
Michelle Arnold and David Scribner are ignored. There is no review board for COWlt Agents
and this leads 1x> further abuse of power. On one of these iUegal"sweeps" at Diamond Shores,
Mr. Walter Garcia returned home from work and found two County Agents at. his home who
entered without his permission or imowledge. His home wml occupied by Ws two so.os, ages 10
and 6, who were very upset by this outrages intrusion intn their bome- [f this happened to
County Commission~ they would feel the same outrage.
Mr. Garcia and other Hispanic .Americans are in the process of filing discrimination complaints
against all County pcnonn~, including, I presume,. James Mudd. County Manager. Iffound
guilty, the "sweeps"" will be done away with and you will be subject to PlDlitive and monatsry
damages.
Also, Mr. Latemou and Mr. Scn"bncc intermecl illegally in a, civil matter fX)DcemWg AI Bottino
and Davjd Steinberg regarding the saJe of the property. This was I~ 10 the County
04/13/2006 14:06
21247214142
ABOTTIO
Agenda fil~CiENc0m7
April 25, 2006
Page 4 of 24
~
Aitomey, M. Arnold and Donna Fiala. Again, nothing was done about it
Willy Cabada,. .. Hi8pmic Ame.ricao, was Q&)1ed a liar by Special Muter Brenda Garrettson, was
told h. was paid to lie and she would put him injail if she could. Hardly a disinterested Special
Master.
Thousands of doII8rs was spent in the last scmn1 montbs. At least $55,000.00 in paid RlCCipts
were sent to MicheJJe Arnold and JoffKlllVkow. Yet County officials still c.laim in newspaper
articles lit "MI do not ~pt to :fix the units. When myself and my 8U'omey Thomas Ft'BDchino
brought this up to Arnold and Klatdtow, it WB8 ignond. David Steinberg spent about the same
amount.
. See "attacbmaotl" en all of the above.
I would like the Commissioners to apologize to the Hispanic Americans mvoJved. I would also
like the resignation of Michelle Amold, JeffLatemou and David Son.'bner. Special Master
Garretson sbould be replaced.
There should be an independent review board appointed by someone outside the County. These
County agents arc nmning amok with no fare of censure.
Prior to inspections of homes by ihe County Agents; a letter should be sent out in English and
Spanish telling them of the purpose of the inspections.
AD inspections sbould be accompanied by a Spanish Speaking penon, who informs the tenant of
his right to refuse entty) if be did not call in die complaint
I have sent letters J1lgarding the above to Michelle Arnold, Josepb Schmitt. and Doona Fiala, and
nothing was done.
We think these inspections and "sweeps" were a violation of civil rights, and the fines were
imposed, in my opini~ by a biased Special Master. and initiated by improper:mechods.
Tbankyou, 0 .
AIBattioo, /y~--
~ ~~ ~
04/13/2005 14:06 21247214142
ABOTTIO
Agenda 1~~o~~~7
April 25, 2006
Apr. 10 2B06 1l:3:4~ ~M 24
FlO'l :~ ~IL
FRo: t-D. : 2397747997
:-
To who may it concern: T Walter Garcia win like to state the folloWing.
A day in February r came home from work and when I open the door
of my house I found two men in uniform taking picture of my, bGnie~ my two
little boys agesl 0 and 6 years old were there my two boys came in tears to
me and they toll me they did not lcnew what these ~ were doing 1his ma.ke
me very ana:rY aDd lJI*lt wben I saw this estrangers in uniform with out my
permilaion . When I ask them what they were doing in my bouse they toll
me tMy Wlft county apnts looking for houaing vio18tions and J toll them I
did not call them and I did not waDted them here. J carl say that this shock
me VW'/ much ~'5e J thought this is a 1iee coun.try md not a police
country for COJDiJlg in to my house with out me know it. As now I WIUrt to
sue Collier county for coming in to my houae and scaring my kids..
A quien conesponda~
Yo Walter Garcia me gumaria expresar 10 sanguiente;tm
dia de Fcbrero yo Uegue a mi eua de mi tratNijo Y cuando abri 18 puerta de
mi casa me e.ncontre con dos hOllJ.brm en uniforme tomando futografias de
mi casa y y mis dos pequeiio8 hijos de 10 Y 6 e1ios corrieron haeia mi en
~ me dijoron que no sab.ian que era 10 que hacian eaos hombres en
cas~esto me puso muy enojado y preocupado cuando vi a estos extrBftos en '
unifonne tomando fotos y dentro de mi casa sin mi autorisacion.Cuando lee
pregwrte que hacian, ellos me respondieron que estaban mirando por ,',
violaoiones de codigo de construccio.y yo lea dije que yo nos 10 llame ni l08i -\
queria aca. Yo ~ decir que esto me me chaco mucho,~ yo pensaba .
que cite pad'era fibre y no un pais gobemado pot Ie pol~:por la manera
que ~ sefiores entraron ami casa sin yo IIllber nada, y'por otro lado
tamp6co poder oommunicamos par 18 bamm del idioma.Ahora estoy
~do enjuiciat a el condsdo de comer pot entnIT m mi casa y asustar de
./ ~ . h"
/,."- esa Jornm a mlS lJOS.
,n"'- NBplea,Abril 09 del 2006
Atte
. WALTER GARCIA
401 I>racena dr Naples FLt~3114
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04/13/2006 14:06
21247214142
ABOnID
Agenda FtwENC0~f'27
April 25, 2006
Page 6 of 24
c,() ~~ 1
60 IA"'l """"' / S f /Q It ekJ'
FIf}(~
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771..[; 3662...
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1646 First Ave., apt. 18 G
New yom, NY 10028
Febrnauy 10, 2006
Mr. Klattkow, 213-2939
M. Arnold 403-2413
Mr. Franchino
Faxed to meeting February 10,2006 at lIoneshoe Drive, Naples, Fi.
I have two proposals ~ bop Diamond Shores ~
I. The C01D1ty takes over DDuno.u.d Sbon:s and keeps the rents and docs the repajJs wdil
the park is sold. When it is sold, the renters will be given tbree mon1hs time before they must
leave. I have sent 1bis to D. Fiala.
2. 100 wheeled FEMA tnU~ could be placed at Diamond Shores. These are acceptable
in a flood zone. This will geneiate S85,Ooq monthly in rental. income and will provide ;free
housing for 100 families. AU the money genentted will go to improving and repairing Diamond
Shores, none will go to the owners.
In this way 1he park witt remain open and the people won't be evicted. In fact, with all
the money coming in, we could lower 1be rem: to $300.00 a month. I have heanI no other
proposal :from the County or Michelle Arnold or anyone else to help the people at Diamond
Sh~~. Fl'3llkJy, all they ever do is talk about belping people but they Dever do anything. but try
to shut us down and get us to sell to the baub..r
......
./'
/
I suggest you call Mr. James Mudd, County Manager, 774-8383, and ask him to aooept this
generous offer. so the park can stay open. As County Manager he can talk to the Commissioners.
Thonk~ -/!;
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04/13/2006 14:06
21247214142
ABOTTIO
Agenda ~ 1\lc51q,'~7
.. .....- .__' ._.... - '. . . _...~pril.25-2.Q..OiL.__._~
Page 7 of 24
239 263 0445 - P.01
~
F.b-z~-O& 02~20~ THOMAS W FRANCHINO
P_A.
;'
IN TH:n CIRCUIT COURt OF THE 'I"WE:'N1lB'rR JlJDIClAL Cl'RCVIT IN A'\I.,"D FOR
COLLl ER COUNTY. FlORlDA CML AC1'JO'N
1(.. .PA TJUCK KRUCHTEN, BRUCE CARR.
AND DEMlAN KRUCHTEN
CASf NO. G5-20 1 ~CA
flainti1fs,
y~.
TIiOMAS CONWEU
DcfmdInt.
,,4FnoA VIT OF ANDUW'tr. 'JACKOLA
'. .'-;,,\;:'lo<. ,". - ,
,..
am
,"
DIAMOND SHORES AFFOIWABLE
HOUSING, LLC AND AUO. me..
A.'ID ALFONSO BOl'11NO.
Ocbdantl
far eq~e TBlief ocly.
..,
STATE OF FLORIDA )
) SS.
coVNT'Y OF COLL~ )
ANDREW T. JACKOL~ hei.n.J flm duly IWom upon oath.. depos:e!l IU'ki states as
follows:
1. 1 am an attorMy. licensed lo 'PI'If.'Itice law in the State of MiMdilOta. lieenu
number ~44072. 1 wotk fOr then firm ofMan~ficld. Taniolc IL. Cohm, P.A.. 1he
Jaw firm tbat ~ts the Pl.mt:ifft in me IIbovc captioned lawsuit. I make this
affidavit fref:.lYt ttUttlful1)', aDd ~ infannation to which 1 have fim-hanJ
knnwledec.
2. 011 Februry 16, 2006,1 rpokc with Jef&cy Letoumell1t an ~plcl)'ee ofColher
County who bu worked for Collier COWJty fur the puI 9 y~, primarily m tiu
Code Enfon:cmcnt Dq-larunCClt. Mr. t...tol.l!noau told lUC:: ~ he,s; TelOponsible rC1f"
iavestipting. housing code violation!..
04/13/2006 14: 06 21247214142 ABDTTID Agenda ~~ N&7f1)F
F.b-21-0~ O~~20P THOMAS W Ff:tANCHINO P.A. ;;!39 263 0445 April25,;;PQ~~
Page 8 of 24
J. 'Mr.' t..\oumC&u mdioued, chat lw i. ~l)' fllmiliv with tbu propartic:i; bov.."tI
.. the Diamond Shores 'Mt*,H. Hbme Pat MId Aijo Mo'bile Home Park. both
locatQd iD C.oWer County, Florid&, DaW21 vilitccllbe prc:oUscs IIDd ~.mi~ tbe
propc:rdcie in his pmfeaicmaJ C81*ifY.
4. \fro UItoUI'IIMI told me rb&t die Comer County Cede Enfbn:errumt. Department
.. bccG ~"'1bc Propati" f~r a nwnber of Ol* 'liolati(lJli O\ict the past
1 naontbI, IIJPI'OXimay. Mr. Lctwmcau bII 'bcaI iavolvgd personally in those
invawti.....
S. Upon infomwicm and belief, the Prap.tJ. _. baen WHId lIS a mobile home
pirie tOr appm~irnate1)' 25}1e1& To fhcl 'bcIl of III)' bowIod;c. fbc: owners of tile
rlu~ do DOt reai4c IIIIYWbcre near die rlu..,eldea. Mr. Lotoumoau told me
IluIt tbe owncn hive very limi1lld ift\ID1vemeru: wtdt the Il"lIIint.enance of the
PropcrticalDd haw a!.Icwccl tho ptOpCrtiCl to iaU DO a.. of disrepair.
6. MT. ~ fllplliDed to me ~ "lifting in tp]UOXimltel)' :\h)' 2005, tht
CoUicr Ccnmty Code ~_ [)cpInnCDt be.... lnvostipting the {lropcrtin
for houina (lOde violltiou. Mr. LclIoumeau wu mvolved in those invdtiptiOOll.
The invettipliOM were prompted. by complaint. from I number nf t~nanls who
rented 'h.0UIIn& unitt on ,~ Propettiea.
7. Acc0rdiD.8 tx).Mr. I..elowMa. the iDv~ by !he Collier CounTY Codo
Enfonwnent Deputmant JIIC! m flnn beins levied .,.mil the Properties ID
apprultimltcly Auauat 2005. To date.. the Propt;rtim contin~ to incur lh'J~1l fnr
cocIc Yiolllli.ca, ad 101I11: of Ihc orial:Ia1 violBtions have DOt been abat<:c!. The
ow:a.en of the Prcperties !lave t.Iken little. if any. lCtioa. to ,.provo the QOudmonl:
of th; Propc:ll1ies.
8. 0.. ~ JO, 2006, 4atholl)' Pins. JIlt Iltlomey from Wntldward, ~ms &:
Lombc'cJC), ".A. ~ 1M CoWc;r Cowdy Code :E!nforcQmcoI I)opertatl;llllt 'Q
dilCU8l code 'VioWiou rei_ to the Propcttiea and to notify the Code
EDforoement DepIrtment Otthc ~ owners' intention!!. to terminet.e rental
.,.--n...ts with their ltI'IUU who live. the Propgrtil1B. ^ true and corroct ~py
or.lcttcr from Mr. Pires to eM Collic:r Cuun1y ecg CBf'otcancnt Department is
attaoMd bcr<<o II EJthiblt 1.
Y. Mr. Urtoumeau asr-d to aipllllllffidllvit fur the Plaintiffil ill Lhis cuse.
However, upon oro.. from '.he Co1Iiu County Attomoy, Mr. LcroumClUl was
unable to lip at! affidavit.
2
-.--........--.---.
-_.._~ ---._......_.-~._-
04/13/2005 14:05 21247214142
ABOTTIO
Agenda 1~\jo.Ef8O(27
April 25, 2006
Page 9 of 24
...7"
Kathleen T Lawler
Property Manager: Aljo Inc.
564 Ensis Drive
Naples Fl. 34114
August 23 2005
To Whom It May Concern:
64/13/2005 14:05 21247214142
ABOTTID
Agenda ft'~~NcfI~f.?7
April 25, 2006
Page 10 of 24
. I feel this is a problem that needs to be dealt with so our
. Tenants do not have to be unconvinced or uncomfortable in their
own homes.
Thank You
~~;i.cid~
Kathleen T. La'wler
Property Manager (AljQ Inc.)
, ..
r-n ......u.....a I
. "'-"_"~'''''' I r"'llo.............."
04/13/2005 14:06 21247214142
ABOTTI 0
,LI.,genda Pr~~~NO!-WM7
April 25, 2006
Page 11 of 24
Kathleen Lawler
Property Manager
564 Ensis Drive
Naples FI 34114
7 -05-0S
To Whom It May Concern:
Around the middle of June Mr. Ed Morad approached
me and said Mr. Bottino gave him permission to inspect his
units in Diamond Sh.ores. He and two other agents, one I
. recognized as Mr. Latuomeal.4 were going to the Tenats
telling them they had permission from Mr. Bottino and
, 'myself to do inspections.
Later that week, when I spoke to Mr. Bottino,he
informed me that he in fact said no such thing. Therefore
he upset our Tenants without permission from myself or
Mr. Bottino.
Thank You
. 0
Kathleen Lawler
(property manager)
..."" """'!r'iioM'
.,-,~ ~'-'-''''' ~ I ....~~J
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04/13/2006 14:06
21247214142
ABDTTIO
Agenda Fj'&'ii~ N(Pt5A7
April 25, 2006
Page 12 of 24
"
AFFIDAVIT OF KATHLEEN LAWLER
State of Florida
County of Comer
The undeIsigned being first duly sworn under ~th testifies as follows:
1. I am' sui juris and have full capacity to make this affidavit.
2. ' I have drect knowledge of all facts' oontained in this affidavit.
3. Around the middle of 'June 2005 Officer Ed Morad, Collier County
Code Enforcement, approached me and represented that Alfonse .
Bottino, had given Officer Morad pennission to inspect the units owned
by ALJO, Ine. at Diamond Shores.
4. I then observed Officer Morad, along with Officer Jeff Latourneau and
another officer from Collier County Code Enforcement, going to
approximately ten units owned by AWO, Inc. and informing the tenants
that they had permission. from Mr. Bottino to inspect the units.
5. . As a result of these representationSI I saw these tenants allow the
Collier County Code Enforcement Officers into the rental units.
6. Three tenants Immediately telephoned and infonned me that the Code
Enforcement Officers had told them that AI Bottino and I had
authorized the inspections.
7. I promptty telephoned Mr. Bottino and informed him of the Officers
representations and actions. Mr. Bottino informed me that he did not
grsnt the Code Enforcement On'icers pennlsslon to Inspect the ALJO,
100, units.
8. I then confronted Officers Morad and latoumeau about the
misrepresentations and OffICer Latourneau informed me that ff he had
his way he would shut the park down.
9. I then received. on behalf of ALJO, Inc., notices of code violations
regarding the units the Code Enforcement Officers had entered by
representing that they had Mr. Bottino's permission.
10. The notices of violations resulted in a hearing before the Collier County
Code Enforcement Special Master on September 2. 2005. which I
attended.
04/13/2005 14:05
21247214142
ABOTTIO
Agenda Ifllf::<E NcU't127
.April 25, 2006
Page 13 of 24
11. I informed the Collier County Code ~nforcement Special Master,
Brenda Garretson at the September 2, 2005 hearings of the false
representations used by the Code Enforcement Officers to gain entry
to the rental units. and she stated that she had nothing ~o do with the
inspections, and that complaint should be made to the County
Manager.
12. . Despite the improper entry into the rental units, Special Master
Gan8ston, found the violations alleged by the Officers, to exist in the
ArJO: Inc. units. .. ,
FtIR1HER AfFIANT SAYETH NAUGHT /J
~t~ ~~71vc
. Kathleen Lawler(, .
Sworn to and subscribed before me this /Q"4ay of
'J1U1~~2006. by Kathllfn T LaUJ/er ,who II
is personally known to me or W has produced the following identmcation
FL. [tlver L IC.fJlS t .
(SEAL)
D D 4-/p ~.5 3 {p
Commission No.
04/13/2006 14:06
21247214142
ABOTTIO
Agenda I~Of~A27
April 25,2006
Page 14 of 24
Kathleen T.. Lawler
Property Manager (Aljo Inc.)
S64 En$is Drive
Naples FI 34114
July Sfh 200S
To Whom It May Concern:
. .
Atound the middle of .June Mr. Morad, from code enforcement.,
approached me and advised me that Mr. Bottino gave him permission to
inspect his units in Diamond Shores'. He and two other Agents~ one I .
recognized as Mt. Latourneau, were going to the Aljo units and telli.ng the
Tenants that they had permission troll) Mr. Bottino and me to inspect the ~
units.
I Called Mr. Bottino who advised me that he in fact said no such
thing. Therefore these Agents out right li~ to me and our Tenants. These
are supposed to.be Public Servants helping the community and they do this
by lying? r feel something has to be done about this.
Thank Your
~~2r:;CL~
\
\,
';;'1'Jl ":lI:1\-I..l
'l.l-:rw."., ;, 1':%';;l'U 1 ~'"
C?,O,..C"'C: J CC""""
~T.nn O~~~/~7/~~
Agenda Item No. 6A
April 25. 2006
Page 15 of 24
AFFIDAVIT OF DENISE RIVERA
State of Florida
County of Collier
The undersigned being first duly sworn under oath testifies
...
Around the middle of Jl;Ine 2005 two county agents knocked on my door.
My babysitter Sarah Mc Donald answered the door and asked them what they
were here for, they told her that Mr. A.I Bottino the owne~ sent them to inSpect my
unit to see if there was any problems in my home. ..
. So she let them in. They walked through my home wrighting down the
violations in my unit. After ~ey left my babysitter Sarah Mc Donald called me at
work: and told me that the county agents came in and inspected my home. Which
made no sense to me at all.
Later that afternoon when I got home from work, I called Kathleen Lawler
the rental agent I asked herwhy Mr. AJ Bottino sent them to.my house? I told her
that it didn't make sense because we had already discussed the problems in my
trailer. We had already agreed that I was going to repair my own unit and, turn in
the receipts and the time that I put in repairing my unit would be taken off my rent
as well. . .
Kathleen Lawler told me that neither her nor Mr. Bottino sent them to my
unit or anyone else's for that matter.
04/13/2006 14:06 21247214142
ABOTT 10
Agenda ifl:e~ Net. ':(i1k7
April 25, 2006
Page 16 of 24
FURTHER AFFIANT SAYETH NAUGHT
"'.
Q^~~!
Denise Rtvera
r~",
Swom to and subscribed befo~ me this ~ day of
;::fi~ ..' 2006, by~/,,~ '~Mwho is personalty known me or{] has
produced the foltowing Identification
F'L..
~Lc-
-
( SEAl)
~~\ ~~-:tJ
Notal)' Public - Statept Florida
F'FmM : ~RLES ;jND I='R~ FREED 1-91 F"HCN: NO. : 941 763 ~
AaendaPi~ N~~6Pl
v April 25, 2006
Pfl.Qe 17 of 24
Feb. a6 2Ell21Q 02; 3EPM Fl
04/13/2006 14:06 21247214142 ABOTTIO
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04/13/2006 14:06 21247214142 ABOTTIO
FROM : O1Fl~ES ~ FRA'o/CES FREED 1~91 PHJt.lE t-O. : 941 ~3 8l1S4
Agenda ~ NcF6')F
F€,b. 06 2l?JMpm~~
Page 18 of 24
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04/13/2006 14:06
21247214142
ABOTTIO
Agenda It&otltGSlo. fBV27
April 25, 2006
Page 19 of 24
1646firstAve..Apt.18G
New York, NY 10028 NYpbonc: 212-472-1414
Marob 1, 2006 FI phone 239-642.5483
Collier County Code EufoIaement
2800 Honemoe Drive
Naples, Fl
Att: Micholle AmokL
Scot by regular mail. certified mail and fax
Dear Ms. Arnold:
Your code fIDf~ agcot, Jeff Lataumeau aDd Dave SchUmer continue to int2rfere in our
court case presided by Judge Monaco in which David Steinberg and AIfunse Bottino are the
defendants.
Enclosed in an affidavit from Andrew T. lac kola. Mr. Jackola is an attorney for the law firnl of
Mansfield, T~jch & Cohen 1he law firm that represents the Plaintiffs in the lawsuit.
He states in number 1: "r make this affidavit freely, tru:thfuBy, and upon information to which I
have fm;t-band knowledge." An4- where is he getting this first-band knowledge? Why, from out
trusted county agent JeffL8lDumeau. This is the same Latoumcau whom I complained to you
previously, about used false and deceptive taCtics to gain access to my units. When 1 showed you
a swum afrJdavit by a rc.ot<< at:testing to his illegal tactics, you told me the re:nmr was lying. Ms.
Arnold, th~ are other affidavits on the way coocerning Jeff LetOUJ'Jle8U and oIher agents
concerning d1eir 1actics. Are they all lying?
This affidavit: prixDIIrily involving Mr. Latoumcau, is a direct ~ by Me. ~C8.u to
interfere with our cese concoming a cont:ract wtUch is in dispute. Several ofhis st:atcments ate
false. Number g is pllrticularly outrageous. It seems Anthony Pires, lawyer for Woodward, Pires
& Lom.bartjo, P .A., on Febroary 10. 2006. sent a letter to either you or David Schribner
. discussing the owners' intentions to terminate rental agreements with 1beir tenants who live at
Diamonds Shol'es.. Numb<< S states: "A true aDd corn:ot copy ofa idler from Mt. Pires to the
Collier County Code Enforcement DepartmElOt is ll~ched hereto as Exhibit 1." I find this
revolting. It seems Mr. Latemaue took it upon himJelfto secure a copy of the Pires letter and
send it to Andrew T. Jackola a lawyer representing the plaintiff. This shows the extreme and
i11egallength that Mr. Latoumeau will go to in carrying out his agenda, wbedle.r it is code
violations or interfl:ring in court cases involving Aljo and myself.
I find it hard to believe that you were not made aware of this affidavit from Andrew Jackola. If
not, you are aware DOW. I want JeffLetomaueu and Dave Scribner fired from your depanment. I
see no need for you 10 protect them any fin1her. They have disgraced you, the Code Enforcement
Board and 1he ridiculous uniforms th~ Vr"eM.
Pavid &ribner is sd1eduled for a deposition under oath. It appears JeffLatOumeau will also be
subpoenaed and give a deposition under oath. The con~ under dispute is in the miUions of
doll8.rs. Your agents attempt to mt=Jfcte wiib this contract and to influence the Judge's decision
is very damaging to us. Their attempts could result in an adverse decision against us and also
04/13/2006 14:06
21247214142
ABOlTIO
PAGE 19/27
Agenda Item No. 6A
April 25, 2006
Page 20 of 24
delay a resolution in tbis ease ud. is stoppiII& US from findiog a legitimate buyer. Iftbis'lll8.tter is
not resolved quioklyt we iDteDd to sue yotl,. the code enforcement boam and 1he two agents
involved for 1tae millions of dollars in question.
Al
Copy: Jc~ K,ltdzkow. Col1iecCOunty Attnmey.
04/13/2006 14:06
21247214142
ABDTTIO
;"'.genda ft@~~ Nif~~7
April 25, 2006-
Page 21 of 24
1646 FUst Ave., Apt 18 G
New YOlk, NY 10028
Phaae: 212472-1414 Fax: 2.12-772-80&2
August 29. 2005
Office of the Spcc:ial Mdcr
Collier COUDIy, Florida
2800 Nonh ~ Drive
Naples, F1 3410S
Au: 1A:ouardo BoN'lG.). Operatious CvvA~
Dear Mr. BonanDon:
I am having trouble getting a lawyer ~ the September 2, 2005, bearing because of the
Labor Day wcc1cod. I would like; a postpoocmmt fur two week so I oan get a attorney to represent
A1jo, Inc.
Previously I requested a postpooemmt on,August 16, 2005, so that we could fix the units but you
dcoied it. I called yon a111ast wcdc to talk to you abcut difficulty in obtaining a lawyer, but you
were not in. I called again tbil5 momiog,.August 29.2005,10 bring tbi5 ~ to your attcrrtion
but I was told you were absent.
I fuel we should get. a postpam:ment to get: a 1awyclr odJerwise we may be denied due process.
~~/
A1 Bottino. Aljo, Inc.
Sincerely,
04/13/2066 14:06
21247214142
ABOTTIO
Agenda ff~~N~Ja'fiP
April 25, 2006
Page 22 of 24
ATI'ENIlON: LEONARDO BONANNO OR '"LEO"
1646 Fimt Ave., Apt. 18 G
NewYOJk, NY .10028
PbaDc: 212-472-1414 Pax: 212-772-80&2
Avpst 16, 2~
Office oftbB Spccial'~
Collier CoaI:y FIolida
2800 North :EioolaIIIIloo Driw
NI1p~ Fl 3S104
Phone: 239-403-2440 Fax: 239403-2343
Special Master Brenda Gan'etsm.
Aljo, IDe. is scbe:dnled for a hearing S~ 2,2005, reprding the fullowing violations.
Case Num.bar 2005070309-501 Ensis Drive,
Case Number 2005070422-505 Ensis Drive
Case Number 2005060639-511l1losi5 I>rive
Case Number 2005066078-513 Ensis Drive
Case Number 2005066029-519 :Bosis Drive .
Case Number 2005060623-526-Eosis Dri~ ....
Case Number 200S060771 :527 Eosis ~
Case NlJIIlba" 2005050501 ~ Finch Drive
Case Number" '200S~22-60S Finch Dri~
Case Number 2005060628-610 Finch Drive
We would gmdiy appreciate it if you woukll:iDdly ~ us an e.m:osion fur 45 days so that we
may mnedy all ., vioIatiODfl by that time. We have completed S<DJe of the yjoIa:tions and we need
further time to oompl* the... We th80k you for your coosidcration.
Aljo, Inc. owes 48 lIDits at p.iamood ShoJ:cs, which is a t:railcr park aud provides low iDcolne
housing, probably 1be loWest reotals in CaDicr County from $525 to $650 per month fur 112
trailers, which include wateJ: and sewage.
We feel we are victims of"select:ive enforcement" py 2 County Age.aI;!l, Mr. John Santafu.mia and
JeffLetoumeau for the following ~: .
~//
There are 123, trailers at Diamond Shores, yet the ~ only inspected' or attmJpted to inspect
the 43 Aljo units. None af~ other 83 units w='e inipected. There was DO attanpt 10 inspect the
other 83 units that WCl'C not owed by Aljo, Inc. at Diamond Shores.
Manned by the fact that Aljo was being singled. out by Code Agents, at the end of June, 2005, I ,
met with Mr. Joseph Schmitt, Director, and explained to him that 1eff Letoumc:au, when I was at
Marco Island in June, had told me that Diamond Sbon:s was a disgrace and that he was going lu
"sweep" 1:be property and shut down Diamond ~. Mr. Letoumeau told me that LanY
Schwartz, Code c:r\fi:lf'CeI'I1mt agent. bad DClt dooe the job and they were going to do the job that
04/13/2006 14:06
21247214142
ABOTTIO
Agenda ~ Nc?43A7
April 25, 2006
Page 23 of 24
Page 2, Au.... 16, 2005, Special Mester
Lany Sdlwam: did not do. At the time he 10ld me 'this, Mr. Scbwartz was in the hospital and
could not defe:Dd him8elf. Mr. Schmitt told me at 1bat tUne that all units sbou1d be :inspected and
not just Aljo. I also told him that lcffLctoumcau was gaining access to the units by deception and
bearing fiUse witness agaiDst me. Our tmJaDts 10Id me that Jcff'Lctoumeau and otbeJ: agents was
ga.in.iog access by tIlH.iag t:he tcoaJJts that Mr. Battioo sent him and the other 38flO1:s around to
inspect the UDib aad 1bat I had given him pemDssion to SO inside the units. This was an absolute
falsehood. Mr. ~ in my opinion was abusiug his authority as a County ageot to gain
access and puUiog words in my mouth. I asked Mr. Scbmitt what was the procedure for the
inspectian of a JaDl UDit. He told me that ordinarily a tr:oant calls in a aJCOPla.Urt to the COUDty
and the JI8.eIIt im...c..-....... 1'bi5 ill not what hBppmcd indUs cases. Iuvestigators went on their
own and gained aocea by deception. Mr.~ also told mc: that if an as=t wants to inspect
without a complain be should get the penoission of the owner or the rental agent. This did not
happen.
Also, about 75% aft:hc 'tl:lIJaImi at Diamond. Shores ~ Hispanic! Americans, many of them not
fluent in ~i!dt. Should not a. letter be sent to 1hese people infOmlin,g them of the County's intent
to inspe.ct their homes without prior notice? Many of the teoant:s at Diamond Shores expressed
CODCml ami alarm because they think 1:.b= park is going to be shut down, and the exact role of these
agentS are Dot explained to 1hem, and if they do DOt speak English cannot be explained to them
unless the ageuts are billilgual. I was TOld some of these Hispanic women t.e:aalm were alone in
their homes, called their husbands and the County trying to find out what these agents were doing
tryin,g to get imo their units without any advance notice. Would these agents have done this in a
white affiueat community? Trying to gain access with no advance notice and bearing false witness.
When an Hispanic-Ammican answers a. knock on the door and sees two men in unifolm with their
badges, etc., and wanting to enter their home without them having callod the agoots, it booomcs an
intimidating act of c:oacian apinst a minority group _ 11x>ld this tv Mr. Schmitt who wa... not aware
of this practice.
Also, we sometimes have trouble gdt:iD& ioto WJits to repair them. Enclosed is a letrer indicating
this ~ 600 Final.
I am respectfully "'" <:<>otinuam:e of 4S
Sincereiy, ~/
A1 Bottino. Aljo. Inc.
we can correct the violations.
04/13/2006 14:06
21247214142
ABOTTIO
Agenda ff~~No'?'Y~7
April 25, 2006
Page 24 of 24
JUDe 23, 2885, p. 3
Schvvarlz did DOt dodae job and in my opiDjoo deingmtcd Mr. ScIrwarCz. Mr. Schwartz is
now in the hospi1BI. I called him at 1bc hospDa1 to find out what we goiDg on. but I
changed my mind aod did not bring the subject up.
I would like to know of Mi,chelle Amold and the two agents, Morad and Letourneau axe
acting in a profcssioDal JD8IIIle1' when they criticizod Mr.,Sohwartz to mc.aod did not give
him a chance to d.efa1d himself?
9. If there were any deficiencies in Mr. Schartz)s performance) it is :fair for us now to be
overwhelmed by a concentration of inspectiOllB by several agents using improper methods
tQ get into the units and tbreatcniDg to shut Diamond Shores down? It would seem to me
it would be the County7S responsibility 10 .monitor their own employees.
10. Part of the sudden zeal of the County agents, in my opinion. was the fact tbst Mr.
Morad called me and wanted me to immediately to drive to his office to meet with him. I
told him. I could not !!S we were selling the unit next week and that I did not have time. h
seems to me some of these agents have \0 be catered to constantly. If oot, they retaliate.
MI. Morad also told me that I bad not filed tb.e rental registration forms. This was absurd.
as we did file the forms and late fees, and. also $11,000.00 in so--called opetational costs.
When he told me 80 I called "Indira" '\Vho is in charge of these fom1s and was told she
was on vacation. I then told Ms. Amold this and she aslred if I bad 1he receipts. The
receipts are in New York where we live and J believe she should be able to find out ifvve
are in violation.
After we paid: the $11,000.00 in openltioMl costs due to the County never properly
informing us and inflating the operational costs, Ms. Arnold told us to cali US if we had
any concerns. This time I did call her ~ly, and I am sony to say I did not get any
help.
I am SUJ:e most of the ~ agents do their job in.a dilig~ maoner and this is not a
criticism. of ail of them.
Thank you for you help.
Sincerely,
g~
AI Bottino
Agenda Item No. 7 A
April 25, 2006
Page 1 of 101
EXECUTIVE SUMMARY
V A-2005-AR-8857: Laura and Angelo Puleio, owners of Enzo's Pizzeria and Italian
Restaurant, represented by Carlo F. Zampogna, of Woodward, Pires & Lombardo, P.A.,
requesting a variance from two side yard setbacks to allow for renovation of the interior and
an addition to provide restroom facilities and storage. The new addition encroaches 11.66 feet
into the required 25-foot side setback leaving a 13.34-foot side yard on the southern side of the
property and also encroaches 14.99 feet into the required 15-foot side setback leaving a 0.01-
foot setback on the western side of the property. The subject property, consisting of 0.47
acres, is located at 4351 Bonita Beach Road, in Section 5, Township 48 South, Range 25 East,
in Collier County, Florida.
OBJECTIVE:
~
To have the Board of Zoning Appeals (BZA) consider the advisability of an after-the-fact variance
request to permit an addition to an existing restaurant to encroach 11.66 feet into the required 25-
foot side yard on the southern side of the building and to encroach 14.99 feet into the required 15-
foot side yard on the western side of the property, which is located in the C-4 zoning district, 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 subject property, located at 4351 Bonita Beach Road, was developed by the owner in 1990 for
the current restaurant use. The site is adjacent to single-family residential development on the south
and commercial development on the east and west. Bonita Beach Road and Lee County are north
of the subject property. The restaurant was originally approved by a Site Development Plan (SOP
#90-45) that met all development standards at the time, including parking standards and setbacks.
The SOP approved a restaurant with 150 seats at that time.
Conflicts with neighboring residents arose from restaurant operational activities in the rear of the
building. A variance was obtained in 1993 to permit an enclosure to encroach into the southern
setback. The enclosure, along with stipulations for increased buffering, addressed concerns
regarding trash and water management. After the enclosure was constructed a survey reflected a
further encroachment into the setback. An after-the-fact variance was granted in 1994 for the same
structure to bring the as-built condition into compliance due to a small discrepancy between the
original encroachment permitted and the actual structure. Apparently due to a surveying error, the
final structure remains slightly out of compliance with the second granted variance. By including
this minor encroachment into the current petition, all encroachments of the existing structure are
proposed to be brought into compliance with the Land Development Code.
,-.
The current petition is for a second addition to the restaurant located on the rear of the building.
The new structure adds larger restrooms and a storage room to the restaurant. The original restroom
Page 1 of 4
Aqenda Item No. 7 A
~ April 25, 2006
Page 2 of 101
area has been converted to a servers' waitstation. Another area has been converted to a bar. The
side of the new addition is built along the same line of the original restaurant building on the
western side and is similar to the first addition on the southern side. Both sides of the addition
encroach into required side setbacks. The parcel is located on the comer of two streets and
therefore, by definition, it has two front yards and two side yards. When the restaurant was first
built the western side yard had no setback requirement. It is now required to be 15 feet. The
original structure is considered to be legally non-conforming. New structures must meet current
standards. The addition is built 0.01 feet from the western property line. The side yard on the
southern side is required to be 25 feet because it abuts residential development. The addition is
currently 13.34 feet from the southern property line. These as-built encroachments require a 14.99-
foot variance on the west and an 11.66-foot variance on the south to be in compliance with current
development standards.
The applicant obtained an owner/builder permit (#2004070504) for "interior build-out, add
restrooms" prior to construction of the restroom addition. The encroachment was discovered after
construction began and a stop-work order was issued. The applicant petitioned the Board of County
Commissioners to be allowed to complete the work to prevent potential damage to building
materials. This request was granted and the owner proceeded at their own risk. This variance
request is sought as one potential remedy of the addition's non-conforn1ities.
A full analysis of the variance is included in the staff report. No negative impacts to public health,
safety or welfare are anticipated as a result of the requested encroachments. The new addition
visually unifies the rear of the building along the same line as the original structure and the first
addition.
FISCAL IMP ACT:
The variance, by and of itself, will have no fiscal impact on Collier County public facilities.
GROWTH MANAGEMENT IMPACT:
The subject property is located in the Urban Designation, Urban-Mixed Use District, Urban
Residential Subdistrict on the Future Land Use Map of the GMP. The GMP states that the Urban
Designation "will accommodate residential uses and a variety of non-residential uses."
The GMP does not address individual variance requests; it focuses on the larger issue of the actual
use. The actual restaurant use is consistent with the Future Land Use Map. Based upon the above
analysis, staff concludes that the proposed use for the subject site is consistent with the Future Land
Use Element, although the variance request is not specifically addressed.
ENVIRONMENTAL ADVISORY COUNCIL (EAC) ISSUES:
-
The Environmental Advisory Council (EAC) does not normally hear variance petitions, and did not
hear this petition.
Page 20f4
Agenda Item No.7 A
April 25, 2006
Page 3 of 101
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission (CCPC) heard the petition on March 16, 2006 and with a
vote of 6-] they forwarded this petition to the Board of Zoning Appeals (BZA) with a
recommendation of denial based on their findings that there were no land-related hardships and a
variance could grant special privileges to this property owner.
The CCPC also had a general discussion on the following topics: restaurant seating capacity; a
potential shared parking agreement with neighboring property; proper pennitting of the performed
work; and impacts to neighbors. One Planning Commissioner questioned whether modifications to
a commercial structure could be done by an owner/builder, as this applicant did. The discussion
erroneously concluded that this was not allowed. After the meeting the Building Department
clarified that the permit was in fact valid. Owners may make modifications to a commercial
structure valued at less than $25,000. The application lists $] 5,000 as the cost estimate for the job.
Ultimately, the applicant did have the proper permit required. Planning Commissioners may have
been unduly influenced by this misinformation during the discussion.
Because the CCPC recommended denial the petition has been placed on the regular agenda for
discussion by the BZA.
LEGAL CONSIDERATIONS:
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
determination by the Collier County Planning Commission (CCPC) and the Board of Zoning
Appeals (BZA) must be based. The legal considerations are reflected in the CCPC evaluation of the
eight (8) listed criteria in Section 9.04.03 of the LOC. These evaluations are completed and have
been incorporated into the attached staff report.
The BZA must utilize the 8 criteria in considering a variance petition (see professional planning
staff analysis). This analysis appears on pages 6 and 7 of the Staff Report.
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 BZA 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 vanance.
..~.
Page 3 of4
Agenda Item NO.7 A
April 25, 2006
Page 4 of 101
RECOMMENDATION:
Staff recommends that the Board of Zoning Appeals approve V A-2005-AR-8857, which would
grant a 14.99-foot variance from the required 15-foot western side yard and an 11.66-foot variance
from the required 25-foot southern side yard, subject to the following stipulations:
1. The variance is limited to allow only the new addition and the previously approved
encroachments that encroach into the required side yard on the south and west sides of the
property as depicted on the applicant's boundary survey, to remain in place;
2. A Site Development Plan Amendment will be completed depicting existing conditions;
3. No further encroachments shall be permitted; and
4. The vegetation along the southern property line that was damaged by recent tropical storm
events will be replaced.
PREP ARED BY:
Heidi K. Williams, Principal Planner
Department of Zoning & Land Development Review
Page 40f4
Item Number:
Item Summary:
Meeting Date:
Agenda Item NO.7 A
April 25. 2006
Page 5 of 101
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
7A
This item requires that all participants be sworn in and ex-parte disclosure be provided by
Commission members VA-2005-AR-8857: Laura and Angelo Puleio, owners of Enzos
Pizzeria and Italian Restaurant, represented by Carlo F. Zampogna, of Woodward, Pires &
Lombardo, P.A., requesting a variance from two side yard setbacks to allow for renovation of
the interior and an addition to provide restroom facilities and storage. The new addition
encroaches 11.66 feet into the required 25-foot side setback leaving a 13.34-foot side yard
on the southern side of the property and also encroaches 14.99 feet into the required 15-foot
side setback leaving a 0.01-foot setback on the western side of the property. The subject
property. consisting of 0.47 acres, is located at 4351 Bonita Beach Road. in Section 5,
Township 48 South, Range 25 East, in Collier County, Florida.
4/25/2006 9:00:00 AM
Prepared By
Heidi Williams
Community Development &
Environmental Services
Principal Planner
Date
Zoning & Land Development Review
4/3/200610:25:48 AM
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Date
Community Development &
Environmental Services Admin.
4/3/2006 4:06 PM
Approved By
Donald L. Scott
Transportation Services
Transportation Planning Director
Date
Approved By
Transportation Planning
4/4/20068:25 AM
Jeff K latzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
414/20065:11 PM
Approved By
Ray Bellows
Community Development &
Environmental Services
Chief Planner
Date
Zoning & Land Development Review
4/5/2006 10:55 AM
Approved By
Susan rVlurray, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Zoning & Land Development Review
4/7/200612:51 PM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
4/7/20063:00 PM
Approved By
Joseph K. Schmitt
Community Development &
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Agenda Item NO.7 A
April 25. 2006
Page 6 of 101
Environmental Services
Environmental Services Admin.
41712006 8:33 PM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
41101200610:45 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/13/20065:30 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
4114120066:08 PM
AGENV~~3'~1'4~i~o. 7 A
April 25, 2006
Page 7 of 101
eo*r County
- -~ --~......-.. -
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: MARCH 16,2006
SUBJECT: PETITION V A-2005-AR-8857, ENZO'S PIZZERIA AND ITALIAN
RESTAURANT V ARlANCE
PROPERTY OWNER/AGENT:
O\VNER: Laura and Angelo Puleio
4351 Bonita Beach Road
Naples, FL 34134
AGENT: Carlo F. Zampogna
Woodward, Pires & Lombardo, P A
3200 Tamiami Trail N., #200
Naples, FL 34103
REQUESTED ACTION:
The applicant is requesting two after-the-fact variances from the required 25-foot side-yard
setback to 13.34 feet for commercial zoned structures wheo. adjacent to a residential use, and one
after-the-fact variance from the required 15-foot side-yard setback of the C-4 Zoning District to
0.01 feet to allow an addition that houses restrooms and storage to remain as built.
GEOGRAPHIC LOCATION:
The subject parcel is located at 4351 Bonita Beach Road, described as Bonita Shores, Unit 1,
Block 2, Lots 1 & 2, located in Section 5, Township 48 South, Range 25 East, Collier County,
Florida.
PURPOSEIDESCRIPTION OF PROJECT:
The applicant seeks two variances to allow a newly constructed building addition that houses
restrooms and storage for the existing restaurant to remain as built. The applicant sought and
received a building permit (#2004070504) for the structure by requesting "internal build-out, add
restrooms", apparently under the assumption that two previously granted variances to the same
side-yard applied to any new encroachments into the setback. 'When the encroachment of the
"new" structure was discovered, the applicant was issued a stop-work order, but petitioned the
Board of County Commissioners to be allowed to complete the work that had already been
started. The applicant was allowed to proceed at their own risk at that time. The existing
~
V A-2005-AR-8857
Page 1 of 9
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Agenda Item No.7 A
April 25, 2006
Page 9 of 101
bathrooms were replaced by a servers' waitstation and a new bar was installed. The applicant
stated that no new seating was created.
The two previous variances that were granted for the subject property permitted an enclosure to
be built around a can-washing facility and required the plumbing to tie in to the sewer system.
This addressed neighbors' concerns regarding water retention on-site. The resolution approving
the variances also stipulated that a fence be replaced and additional landscaping be provided.
The first variance was approved prior to construction on November 23, 1993 (Resolution 93-
548). However, when the applicant attempted to receive a Certificate of Occupancy it was
discovered that the structure encroached further than anticipated. A second variance was granted
on March 8, 1994 (Resolution 94-158) to bring the as-built structure into compliance. An
attachment to Resolution 93-548 states that the "variance only applies to the wall of the addition
facing the residential property per attached exhibit" and also required that the wooden fence be
repaired and strengthened and additional landscape material be provided between the uses.
Resolution 94-158 retains the original conditions placed on the property. However, apparently
due to a survey error at that time, the approved variances actually fell short of the proper
dimension needed to legitimize the location of the structure by 0.75 feet. This variance
application, if approved, will legitimize that encroachment as well.
The survey provided with the application indicates that the new addition for the restrooms is
13.34 feet from the property line. The previous encroachment is shown to be 13.45 feet from the
property line. If approved, these encroachments would result in an 11.66-foot variance from the
required 25-foot side-yard setback between residential and commercial zoning.
The survey also shows the western edge of the restroom addition aligning with the western side
of the original structure, which is 0.01 feet from the property line. When the restaurant was
originally constructed no side setback was required, so the building is considered to be legally-
non-conforming. However, the addition requires a 14.99-foot variance from the current 15-foot
side setback.
SURROUNDING LAND USE & ZONING:
SURROUNDING:
North: Bonita Beach Road, Lee County zoning
East: Valley Drive, C-4, Commercial building
South: RSF-4, Single-family homes
West: C-4, Commercial building
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
The subject property is located in the Urban Designation, Urban -Mixed Use District, Urban
Residential Subdistrict on the Future Land Use Map of the GMP. The GMP states that the Urban
Designation "will accommodate residential uses and a variety of non-residential uses."
The GMP does not address individual variance requests; it focuses on the larger issue of the
actual use. The actual restaurant 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-8857
Page 3 of 9
/',qenda Item No.7 A
~ April 25, 2006
Page 10 of 101
LEE COUNTY
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ZONING MAP/SITE PHOTO
V A-2005-AR-8857
Page 4 of 9
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Agenda Ite[ll NO.7 A
April 25. 2006
Page 11 of 101
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Agenda Item NO.7 A
April 25, 2006
Page 12 of 101
ANALYSIS:
Section 9.04.00 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 9.04.03.H, which are general guidelines to
be used to assist the Commission in making a determination. Staffhas analyzed this petition and
offers the responses to the items in Section 9.04.03 as follows:
a. Are there special conditions and circumstances existing, which are peculiar to the
location, size and characteristics of the land, structure or building involved?
There are no special conditions relating to the land. The original restaurant was built in the
early 1990s according to standards at that time, and the first two variances were granted in
1993 and 1994 to enclose a can-washing facility. These two variances permitted the
construction of an addition with a similar encroachment as is requested by this petition.
The current survey shows the new addition encroaches into the required twenty-five-foot
side yard by 11.66 feet. The western wall of the new addition continues the origina1line of
the restaurant. When it was originally built there was no yard required for commercial,
side setbacks.
b. Are there special conditions and circumstances, which do not result from the action
of the applicant, such as pre-existing conditions relative to the property, which is the
subject of the variance request?
There are no special conditions or circumstances relating to the property.
c. Will a literal interpretation of the provisions of this zoning code work unnecessary
and undue hardship on the applicant or create practical difficulties for the applicant?
The applicant would be required to obtain a demolition permit, and hire a contractor to
remove the existing structure from the site. This would create a practical difficulty for the
applicant, however, the applicant did complete construction at their own risk after a stop-
work order was issued by the County.
d. Will the variance, if granted, be the minimum variance that will make possible the
reasonable use of the land, building or structure and which promote standards of
health, safety and welfare?
Yes. The variance requested would not allow any increase of the existing encroachment,
therefore this is the minimum variance required to allow the new addition to remain.
Approval of the variance should not have a negative impact upon the standards of health,
safety and welfare.
VA-2005-AR-8857
Page 6 of e
Agenda Item No.7 A
April 25, 2006
Page 13 of 101
e. 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?
The variance request would permit the owner to utilize land that other owners would be
required to set aside as a building setback. However, another portion of the building has
already been granted a variance allowing the same encroaclunent to this setback., so the
new addition could unify the back of the building.
f. Will granting the variance be in harmony with the general intent and purpose of this
Land Development Code, and not be injurious to the neighborhood, or otherwise
detrimental to the public welfare?
The requested variance would extend an existing condition across the edge of the property,
without coming significantly closer to the neighboring residential zoned property. The
previous variance requests required that additional landscape buffering be placed along the
property line, which aids in separating the different uses. One reason for setback
requirements is to ensure adequate separation between dissimilar uses which may be
accomplished through enhanced landscaping.
Approval of the variance should not have a negative effect upon the neighborhood as a
whole, and would not be detrimental to the public welfare. .
g. 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.?
The applicant was required to add a fence and landscape buffer when granted the original
variances on the property. The required fence is in place and landscaping was planted on
the south side of the fence. These serve some of the purpose of separating dissimilar uses.
The property to the west is already developed with commercial uses and has provided
adequate separation between buildings.
h. Will granting the variance be consistent with the Growth Management Plan?
Approval of this variance petition will not affect or change the requirements of the Growth
Management Plan.
Staff has analyzed the guidelines associated with the variance request, and has determined that
the request seeks to extend an existing encroachment across the property line. The addition
allows the property owner to provide upgraded restroom facilities to patrons. Impacts to
neighboring residents would be somewhat greater than what they experienced prior to
construction of the addition, however, with the enhanced landscaping the impacts should not be
detrimental to the neighboring homeowners. No correspondence or letters of objection have
been received.
EAC RECOMMENDATION:
The Environmental Advisory Council does not normally hear variance petitions, and did not hear
this variance.
VA-2005-AR-8857
Page 7 of 9
Agenda Item No. 7A
April 25, 2006
Page 14 of 101
RECOMMENDATION:
Staff recommends that the Collier County Planning Commission recommend approval of
~etition V A-200S-AR-8857 to the Board of Zoning Appeals, subject to the following conditions:
1. The variance is limited to allow only the new addition and the previously approved
encroachments that encroach into the required side yard on the south and west sides of the
property as depicted on the applicant's boundary survey, to remain in place;
2. A Site Development Plan Amendment will be completed depicting existing conditions; and
3. No further encroachments shall be permitted.
PREPARED BY:
~'.,
HEIDI K. WILL S, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
;;;2-3/0&
DATE
RE
w
'lId ~/d6
DAti (
LOWS, ZONING MANAGER
DEP AR ENT OF ZONING AND
LAND DEVELOPMENT REVIEW
/;//3/ oC
v1~~
S]JSAN MURRA Y, AlCP, DIRECTO
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
~/d,3/of,
DATE
VA-2005-AR-8857
Page 8 of9
Agenda Item No. 7 A
April 25, 2006
Page 15 of 101
APPROVED BY:
D~ 'If-
MARKP. STRAIN, CHAIRMAN
DATE
Tentatively scheduled for the April 25, 2006 Board of County Commissioners Meeting
V A-200S-AR-BBS7
Page 9 of 9
,
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(i)
Agenda Item t-Jo. 7 A
April 25. 2006
2800 NORTH HORSESHO~~VE3 of 101
NAPLES, FLORIDA 34104
(239) 403-2400 FAX (239) 643-6968
,
. C:OL~\[iR COUNTY GOVERNMENT
'.:T.I:t!Sf. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
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PETITION NO (AR)
PROJECT NAME
PROJECT NUMBER
DATE PROCESSED
ASSIGNED PLANNER
V A-2005-AR-8857
PROJECT #19991347
DATE: 12/29/05
HEIDI WILLIAMS
Above to be completed by staff
NAME OF APPLlCANT(S) LAURA AND ANGELO PULEIO- ENZO'S PIZZERIA AND ITALIAN RESTAURANT
ADDRESS 435 1 BONITA BEACH ROAD CITY NAPLES STATE FL ZIP 34134
TELEPHONE # 239.992.5555
NAME OF AGENT CARLO F. ZAMPOGNA. WOODWARD. PIRES & LOMBARDO. P.A.
ADDRESS 3200 T AMIAMI TRAIL N. SUITE 200 CITY NAPLES STATE FL ZIP 34103
TELEPHONE # 239.649.6555 FAX # 239.649.7342
E-MAIL ADDRESS:CZAMPOGNA@WPL-LEGAL.COM
BE AWARE THAT COLLIER COUNTY HAS LOBBYIST REGULATIONS. GUIDE YOURSELF
ACCORDINGLY AND ENSURE THAT YOU ARE IN COMPLIANCE WITH THESE REGULATIONS.
Variance Application rev. 12/23/04
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I "-~. ~.
'. 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 ST A TE ZIP
NAME OF HOMEOWNER ASSOCIATION: N/A
MAILING ADDRESS CITY STATE ZIP
NAME OF HOMEOWNER ASSOCIATION: N/A
MAILING ADDRESS CITY STATE ZIP
NAME OF MASTER ASSOCIATION: N/A
MAILING ADDRESS CITY STATE ZIP
NAME OF CIVIC ASSOCIATION: N/A
MAILING ADDRESS CITY STATE ZIP
Legal Description of Subject Property:
Section/Township/Range -W~/--2:L Property I.D.#: 24471480002
Subdivision: Bonita Shores
Metes & Bounds Description:
Unit
See aHached Deed
Lot: 1 & 2
Block: 2
Acreage 0.47
Address of Subject Property (If different from Petitioner's address):
4351 Bonita Beach Road. Bonita Sprines. Florida 34134
Variance Application rev. 12/23/04
Zoning
Land Use
. .
;
N Bonita SDrinas Lee County
Commercial
Residential
Commercial
Commercial
S RSF-4
E C-4
W C-4
Minimum Yard Requirements for Subiect PrODertv:
At present time:
Front:
25 feet
Corner Lot:
Yes
o
o
No 0
No 0
Side:
Rear:
2S feet
25 feet
**AT TIME OF ORIGINAL CONSTRUCTION SEE ATIACHED EXHIBIT "A".
Waterfront Lot:
Ves
Provide a detailed explanation of the request including what structures are existing and what is proposed;
the amourit of encroachment proposed using numbers, i.e. reduce front setback from 25' to 18'; when
property owner purchased property; when existing principal structure was bui" (include building permit
number (s) if possible); why encroachment is necessary; how existing encroachment came to be; etc.
Please see attached VARIANCE NARRATIVE.
Please note that staff and the Collier County Planning Commission shall be guided in their recommendation to
the Board of zoning Appeals, and that the Board of zoning appeals shall be guided in in determination to
opprove or deny a variance petition by the below listed criteria (1-8). (Please address this criteria using
additional pages if necessary.)
Variance Application rev. 12123/04
Agenda Item NO.7 A
April 25, 2006
l , Page 19 of 101
, . '-. . 1. t 'Are there special conditions ond circumstances existing which are peculiar to the location, size and
characteristics of the land, structure, or building involved.
Yes. See attached narrative.
2. Are there special conditions and circumstances which do not result from the action of the applicant
such as pre-existing conditions relative to the property which is the subject of the variance request.
Yes. See attached narrative.
3. Will a Iiterol interpretation of the provisions of this zoning code work unnecessary and undue
hardship on the applicant or create practical difficulties on the applicant.
Yes. See attached narrative.
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 welfore.
Yes. See attached narrative.
5. Will granting the variance requested confer on the petitioner any special privilege that is denied by
these zoning regulations to other lands, buildings, or structures in the same zoning district.
No. See attoched norrative.
Variance Application rev. 12/23/04
., .
Agenda Item NO.7 A
April 25,2006
Page 20 of 101
( ,..., ".
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.
Yes. See attached narrative.
7. Are there natural conditions or physically induced conditions that ameliorate the gools and
objectives of the regulation such as natural preserves, lakes, golf course, etc.
No. See attached narrative.
8. Will granting the variance be consistent with the growth management plan.
Yes. See attached narrotive.
BE ADVISED THAT SECTION 10.03.05.B.3 OF THE LAND DEVELOPMENT CODE REQUIRES AN APPLICANT
TO REMOVE THEIR PUBLIC HEARING SIGN (5) AFTER FINAL ACTION IS TAKEN BY THE BOARD OF
COUNTY COMMISSIONERS. BASED ON THE BOARD'S FINAL ACTION ON THIS ITEM, PLEASE REMOVE
ALL PUBLIC HEARING ADVERTISING SIGN(S) IMMEDIATELY.
Variance Application rev. 12/23/04
. .
Agenda Item NO.7 A
April 25, 2006
Page 21 of 101
Narrative
The property which is the subject of this Variance Petition is a family
owned restaurant which was built by the Owners. Angelo and Laura Puleio. in
1990. The family has been the sole owner since that time.
At the time of original construction, in 1990. this parcel was zoned C-4 and
the property has retained such zoning up to the present The original building
was constructed prior to adoption of the land Development Code. At the time of
- .-. - . ---,..-..., - -~~_...
original construction, setbacks were "0" for sides and twenty-five (25) feet for the
rear set backs. The prior zoning ordinance is attached hereto as Exhibit II A".
The subject building is set far back on the lot in order to maintain a considerable
landscape buffer from Bonita Beach Road and to accommodate parking.
This restaurant has been operating for 14 years in this location and has
grown with the surrounding community.
In 1994, the Owners extended a portion of their Restaurant to improve
their dishwashing facilities. The addition required a variance since the addition
would encroach into the setback. The Petitioner applied for and received a
variance. which allowed them to extend their dishwashing facilities. thereby
reducing the setbacks from 25 feet to 16 feet and a subsequent variance
reducing the setback from 16 feet to 14.2 feet The variances are attached
hereto as Exhibit "B".
The present variance application is a result of a renovation of the interior
including providing ADA compliant, handicapped accessible restrooms facilities.
Unfortunately, due to site constraints the renovated restroom facilities encroach
within the 25 foot rear setback.
tn 2004, the Petitioners wanted to upgrade the bathroom facilities of the
restaurant. Accordingly, the Petitioner applied for a building permit application
and along with the application, included drawings, plans and specifications
defining the interior renovations and construction of the ADA compliant restroom
facilities, which permit application and drawings are attached hereto as Exhibit
"C." Subsequently, the County issued the Petitioner a building permit. the
. .
Agenda Item No.7 A
April 25, 2006
Page 22 of 101
Petitioner paid the requisite permit fees and impact fees and construction,
authorized by Permit #2004070504, 2004 Building Permit, began. A copy of the
BuildingPermit is attached hereto as Exhibit "0".
At the time of the building permit application and throughout the
construction, the Petitioner in good faith did not believe a variance would be
necessary. They believed the 1994 variance allowed them to engange in the
construction activities authorized by the "2004 Permit". This understanding was
reinforced when Collier County approved and issued the subject permit.
However, on or about November 2004, a "Stop Work Order" was issued.
Subsequently, on November 16, 2004, the Board of County Commissioners,
upon a presentation by the Petitioner, agreed to allow the Petitioner to build at
their own risk under the 2004 Building Permit. The Petitioner completed the work
in order to minimize the damages that could have been caused by weather
conditions, and to prOVide the ADA compliant and handicapped accessible
restrooms. In addition, the Petitioner needed to continue operating their
business while moving forward in the variance process.
The interior renovations and bathrooms improve the quality of bathrooms
and more easily accommodate the elderly, handicapped patrons, pregnant
women, and adults with children. The previous restrooms created a problem for
people with handicaps and special needs. The construction under the 2004
Building Pennit does not increase the capacity of the restaurant and in turn, does
not affect the traffic or parking issues.
The renovations and new construction remove limitations. The granting of
the rear-setback variance will allow Enzo's to maintain the newly added ADA
compliant bathrooms for the ease and accommodation of the handicapped and
special needs patrons.
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(i)
AFFIDAVIT
Agenda Item No.7 A
April 25, 2006
Page 23 of 101
We/I,}.~.AJ(r~Ll'l 4\. L~\1(l." \)U.L~\O being first duly sworn, depose and say that _/1 am/are the
owners of the property described herein and which is the subject maHer of the proposed hearing; tho, 0/1 the
answers to lite questions in fftis oppIieafion, indvcf"'9 lite disclosure of inferest informafion, all slcefches, data,
and other supplementary maHer aHached to and made a part of this oppIicofion, are honest and true to lite 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 hearill9s will not be advertised until fftis oppIicofion is deemed complete, and a/l required
information has been submitted.
As property owner We/I further authorize C to. a.l r. ZAM. ~O Go N ^ to act as our/my
representative in any maHers regarding this Petition.
e~
ArJG-E LQ 'fvL;211)
Typed or Printed Name of Owner
~~,
sifnature of Property Owner
L Au R f1
fv LE I/J
Typed or Printed Name of Owner
The foregoing instrument was adcnowledged before me this 1'7 'M day of hovel>? bc>r. 20az; by
4-"'q....(O P",,/.r:.:o c:c,.d
Ln",....o. P... { 4? ." <::> who is personally known to me or has produced
J;;:../IO:.V."" +c- rn ~ as identification.
State of Florida
County of Collier
PATRICIA GAYLE
MY COMMISSICIN iI DO 295327
EXPIRES: April 24, 2008
5onaeO ThIU NOlary Public UndenmtBrs
(Signature of Notary Public - Stole of Florida)
~~~
(Print, Type, or Stamp Commissioned
Name of Notary Public)
fa,'i-r-t'c./ct. &.)"/ E?
,
COLl~ER COUNTY GOVERNMENT
'. ' ; DEBT. OF ZONING & LAND DEVELOPMENT REVIEW
WWW.COLLlERGOV.NET
(i)
Agenda Item NO.7 A
2800 NORTH HORSESHOE DRIVE April 25, 2006
NAPLES, FLORIDA 34104 Page 24 of 101
(239) 403-2400 FAX (239) 643-6968
V A-2005-AR-8857
PROJECT #19991347
DATE: 12/29/05
HEIDI WILLIAMS
VARIANCE PETITION
MDimensicmClI
D Sign
PRE-APPLICATION MEETING NOTES
& SUBMITTAL CHECKLIST
Date, "3/ q to; nme, (O: ;;0 AssIgnod Plonno" \-\' ~ W JJ..;owvw)
P,ojectNome, &rviP'5 ~~t Ae4v--KfJ1^--
ProiectAddr/Location: 43:51 &~..\r>,- ~~ ~~
APPu..ntNome'~tJ f~~ ~~~ 0L(q-(Q~~>C;
Firm: ~cr 2..cv~ rO~
Type of Petition: \I Pr Current Zoning: (..- 4
Owner Name:
Owner Address:
Phone:
Meeting Attendees: (attach Sign In Sheet)
SUBMITTAL REQUIR.EMENTS:
rg( 15 copies of completed Application
gr, Addressing Checklist signed by Addressing Dept
g Pre-application meeting notes
W 15 copies of Conceptual Site Plcn 24" X 36" plus (one a V2 X 11 copy)
07 Survey of property showing the encroachment (measured in feet)
.8( Completed Owner/Agent Affidavits, Notarized
a- 2 copies of Deed
~ location map
~ 5 copies of Aerial Photograph (taken within the previous 12 months)
'EJ7 Electonic copy of all documents cnd plans (COR OM or Diskette)
o Historical Surveyor waiver request
~ Property Owner Advisory letter and Certification
1;23:1 Pre-application Fee $500.00 (Applications submitted 9 months or more after the date of the last
pre-app meeting shall not be credited towards application fees and a new pre-application meeting will
be required.)
Review Fees:
1
.
..' . 0.$2000.00
@J$5000.00
o $2000.00
'baJ $729.00
12jl $363.00
Residential
Non-Residential
Sign Variance
Estimated legal Advertising Fee - CCPC Meeting
Estimated Legal AdvertisIng Fee - BCC Meeting
(any over- or under-payment will be reconciled upon receipt of Invoice from Naples Daily
News).
Agenda Item No. 7 A
April 25, 2006
Page 25 of 101
o $1600.00 EIS Review
tJ/A
NOTES: ,
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ADDRESSING CHECKUST
Agenda Item NO.7 A
April 25, 2006
~~ ~-, . "~
-
. . Plc~se complete the following m submit for review to the Addressing Section at 2800 North Horsr :shoe D. ive
or fax to (239) 659-5724. Not al1Jtems wilJ 2DDlv to everY proiect. Items in bold tvDe are reauired Camp] etcd
addressing checklist is required at the Pre-Application meeting.
1. Legal description of subject property or properties (copy of lengthy description may be arracltea' ~ and
2. Block 2. .BONJT A SHORES. Unit'. a subdivision accQrdin2. to the map or Dlat thereon on fiI : and
recorded in the o:ijice of the Clerk of the Circuit Court of Collier Countv:. Florida in Plat Book 1, 5 - l f-'l- z:., S
2. Folio (Property ID) number(s) of above (atlach to, or associate with, legal description ifmore than on e)
24471480002 .
3. Street address or addresses (as applicable, ifalready assigned)
~351 Bonita Beach Road. ~9nita SDrjn~. Florida 34134
4. Location map, showing exact location ofprojecllsite in relation to nearest public road right-of-~ ay (atrt 'ch)
5. Copy of survey (NEEDED ONLY FOR UNPLA TIED PROPERTIES)
6. Proposed project name (ifapp/icable)
Enzo's Italian Re~taurant
7. Proposed Street names (if applicable)
8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY)
SDP 90-045
9. Petition Type - (Complete a separate Addressing Checklist for each Petition Type)
DSDP (Site Development Plan)
DSDP A (SDP Amendment)
o SDPI (SDP Insubstantial Change)
o SIP (Site Improvement Plan)
o SIPI (SIPI Insubstantial Change)
o SNR (Street Name Change)
o Vegeta.tionJExotic e Removal Permits)
X Land Use Petitio an ce onditional Use,
Boat Dock Ext., Rezone, UD rezone, etc.)
o Other - Describe:
o PPL (PJans & PJatReview)
o PSP (preliminary Subdivision Plat)
o FP (Final Plat)
o LtA (Lot Line Adjustment)
o BL (Blasting Pennit)
o ROW (Right-of-Way pemit)
o EXP (Excavation Permit)
o VRSFP (Veg. Removal & Site FiJI P, ~nnit)
o TDR (Transfer ofDevclopmcnt Righ :5)
10. Project or development names proposed for, or already appearing in, condominium documents (if
applicable; indicate whether proposed or existing)
J'
11. Please Check One: g'Checklisl is to be Faxed Back 0 Personal1y Picked Up
12. Applicant Name Carlo F. ZamDOgna. Esa. Phone 2;?9,649.6555 Fax 239.649.734 C
13. Signature on Addressing Checklist does not constitute Project and/or Street Name approval and is S lbject tc ~
further review by the Addressing Section.
-
FOR STAFF USE ONLY
PrimEU')' Number ;:;~ ~q';?
Address Number Sl'..:.9~Z.
Address Number
Address Number
A pproved by f) .tI"Lr1 ~ .J, tnAxCL/Y1 Date c... - J 1- CJ.!!J
Book 2263 - Page 2011
.'
Page 1 of 1
Agenda Item NO.7 A
April 25, 2006
Page 28 of 101
2130720 OR: 2263 PG: 2011
.... Ia tmmL ... If ClIWII CI8ft. PI.
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FOLIO' 24471480002
Prepared by and Return to:
A. ERIC ANDERSON, P.A.
AMATO. ANDERSON & NICKEL. P.A.
3SD Fifth Avenue Soutn, SUite 200
Naples, VI 34102
WAUANTY DUD
PREPARATION Of DEED ONLY
'1'JlIS lGJUWft'Y' nEED _de and executed thill , day of 4;' ;' .
1996, by ENZO'S PIZZARIA , ITALIAN RESTAURANT, INC., . Florida Corporation,
Pedenl 1.0. No. S,?./i: 1;//1, hereinafter called the grantor, and Araplo
Puleio, trwrt_ UDder agre__t dated 11/13/96, aada by Angelo Puleio,
tru8t.. with independent power and authority to protect and conserve, to
sell, lease. encU1llber or otherwise IlIanage and dispose of real property
conveyed, as t.o a 1/2 interest. and W\&%'a Puleio, tr'Wlt.. \lDder agr_t
dated 11/13/96, ....de by Laura Puleio, t:n1et_ with independent power and
authority to prot.ect and conserve, to sell, lease, encumber or otherwise
_nage and dispose of real property conveyed, as to a 1/2 interest. as
teIlants in COCNl'IOn, whose post office addres9 is IS4 .Johnnycake Drive, Naples.
FL 34110, bereinafter called the grantee:
t~r v..-d ~n.;.r. tt~ te-~ -on...x:)," .u:'" "'.r...--:".- l.AC:....s. .a t~ ,.,..ran Till t.,. ..natr~':. a::;t 0'"" ~a.. h~.
~"H'tIt.tJ:W". uw;! .UU9ftS of i".Ji:v.~is. al\d tt.~ ,~"crt loft:! .......... ot ~MSC1'bl.1
WITHlSSE1H: That the grantor, for and in consioeration .of the sum of $10.00
and other valuable considerations. receipt whereof is hereby acknowledged. by
these presents does grant. bargain. sell, alien. remlee. release. convey and
confirm unto the grantee, all that certain land situate in the County of
Collier State of Florida, to wit:
Lots 1 and 2, Block 2, BONITA SHORES, Unit 1, a subdivision according to
the map or plat thereon on file and recorded in the office of the Clerk of
the Circuit Court of Collier County, Florida in ~lat Book 1.
!mrl: I~ v.'leMlT;-1:JN7MPROY!fhlllHD NON-HD:i4ESTli:AO PROPERTY.
SUBJECT to easements, restrictions, reservations, and outstanding oil.
gas and mineral interests of record; and ~onin9 and use restrictions imposed
by governmental aut.hority, and taxes for current and subsequent years.
http://www . collierappraiser. comJviewer/lrnage.asp?
2/2/2005
.
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Ag en.da.J.tero No 7 A
April 25, 2006
rage 29 of 101
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Enzo's Restaurant
Variance
p,genda Item NO.7 A
April 25, 2006
Page 30 of 101
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50
100
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200 Feet
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Agenda Item NO.7 A
April 25, 2006
Page 31 of101
7.23
C-4 - Camnercial General:
a. District PurPose: '!he C-4 - Ccmnercial General District
is inten:led to provide for a greater variety of commercial
services ani sales than is permitted in the C-2 - CC:alul:v:r-
cial Convenience District and C-3 Ccmnercial Intermediate
District. '!he C-4 - Ca:mnercial General District is also
interned to serve a larger trade area of the community
than the C-2 ani C-3 Districts ani is designed to accc:::.lllU1X)-
date the notorirq public as well as the local pedestrian
consumers. '!his district will be utilized in the imple-
mentation of the Can'prehensive Plan by limitirq its amount
ani location in accordance with the policies arrl obj ec-
tives of the Comprehensive Plan.
b. Uses ani structures: No bJilc:li.n;J or structure, or part
thereof, shall be erected, altered or used, or larrl or
water used, in whole or in part, for other than the
foll<:::lYlirq:
1) Permitted Principal Uses and structures:
(a) Antique shops; appliance stores; art studios;
art supply shops; autoIrobile parts stores;
automobile service stations without repairs (See
Section 9.8); awni.rq shops.
(b) Bakery shops; bait am tackle shops; banks arrl
financial institutions; barber ani beauty shops;
ba.th supply stores; bicycle sales ani services;
blueprint shops; l:xx:>kbirrlers; book stores;
l:usiness machine services.
(c) carpet an:! floor coverirq sales - which may
include storage ani installation; churches arrl
other places of warship (See section 8.11);
cloth.i.rB stores; cocktail loonges (See Section
8.11); commercial recreation uses - i..rOoor;
c::cmnercial schools; confectionery arrl ca.rrly
stores .
(d) Delicatessens; departmant stores; drug stores;
dry cleanirq shops; dry goods stores; an1
drapery shops.
*Rev.24
(e) Electrical supply stores; equiptel1t
rentals includin;J lawn ncwers an1 p::Mer saws,
whidl may include their repair arrl sale.
*Rev - 24 Ord 86-68
71.
I
EXHIBIT
A
'.
Agenda Item NO.7 A
April 25, 2006
Page 32 of 101
(a) Mobile hanes or mobile offices,
provided for in Section 10.6.
* (b) Major A1.Itarobile Repair Work.
except as
c. Develoonent st.arrlards:
1) Mi.n.imum lot Area: Ten thaJsan::1 (10,000) square feet.
2) Mini.nn.mt lot Width: One hurrlred (100) feet.
3) . Minimum Yard Reouiremerrt:s:
(a) Front yard - 'IWenty-five (25) feet plus one (1)
foot for each two (2) feet of l:uildi.n; height
over fifty (50) feet.
(b) Side yard - None, or a m.inimum of five (5) feet.
with l.U'lObstructed passage frcm front to rear
yard .
(c) Rear yard - 'IWenty-five (25) feet.
(d) No setback is re:;ruired fran a railroad sidi.ng
easement or railroad right-of-way.
(e) Waterfront - 'IWenty-five (25) feet, except none
for narinas. (See Section 9.6)
4) Maximum Heiqht: One hurrlred (100) feet.
5) Mi.11.imum Floor Area of structures: One thousand
(1, 000) square feet per h.rild.in:J on the grourrl floor.
6) Maximum Density: sixteen (16) units per acre for
transient lcrlgin:J facilities, hotel, m:::rtels an::i time
share facilities with a max:imurn floor area of 500
square feet.
7) Distance Between structures: Same as for side yard
setback.
*Rev.90 d. siems: As permitted in the Collier County Sign Ordinance
Num1::er 89-60.
e. Minimum Off-street Park.i.nq ani Off-street Loadin:r Reauire-
ments: As required in Section 8.
f. Minimum Lan:iscaoin:r Re::mirements: As re:;ruired in Section
8.30.
g. Required I.arrlscat::ed Buffer Area: When ah.rt:ti.n:] residen-
tially zone::i district, as required in Section 8.37.
*REV-IO
*Rev.90 0Vd.90-13
74.
~MPREHENSIVE PLAN AMENDMENTS Agenda Item
April 25,
~ONING AMENDMENTS Page 33
(1) Petition PUD-93-7, Thomas E. Killen of Thomas E. Killen
Architect representing Jakob and Bridgitte Hofstetter
requesting rezoning approval from residential single family - 1
(RSF-1) to a one and two family residential PUD to be known as
Sunshine Village located one block west of Airport-Pulling Road
south of Orange Blossom Drive on the east side of Yarberry Lane
in Sec. 2, T49S, R25E, consisting of 6.15 acres.
Petition PUD-86-9(2) Mr. Michael R. Fernandez of Agnoli, Barber
<< Brundage, Inc., representing the Dove pointe Development
Corp., requesting a rezoning from PUD to PUD which will
restructure the Cove Pointe PUD Document and Master Plan while
retaining a mixed residential development strategy for property
located on the south side of Immokalee Road and approximately 1
mile west of C. R. 951 in Sec. 28, T48S, R26E, consisting of
252 acres.
A.
R.
(2)
C. 2:11mR
(1)
Petition AV 93-007 to vacate a 30 foot road right-Of-way and
drainage easement located on a parcel of land lying in Section
24, Township 48 south, Range 25 East, as recorded in Official
Record Book 350, Page 352 (Companion Item to the acceptance of
the final plat of Carlton Yard). (CONTINUED FROK 11/9)
Recommendation that the Board of County Commissioners approve
an amendment to Collier County Ordinance No. 91-46, deleting
administrative delinquent fees for late payments of Collier
County EMS and HRS - Collier County Public Health Unit charges.
13. BOARD OP ZO~HG APPEALS
(2)
A. ADVERTISED PUBLIC HEARINGS
(1) Petition V-93-25, Dennis J. Davis requesting a 2.5 foot
after-the-fact variance from the required side yard setback of
7.5 feet to 5 feet for the property at 560 25th street N.W.,
further described as the south 75 feet of Tract 117, Golden
Gate Estates Unit No. 6 in Sec. 1, T49S, R26E, consisting of
l.l3:!:: acres.
(2) Petition V-93-27, Paul Doerr requesting a variance to Section
2.6.14 quest house relative to size relationship to principal
residence and a 26.2 foot variance from the rear yard
requirement for property described as Golden Gate Estates Unit
No. 194, Tract 17, 820 23rd Street S.W.
(3) Petition V-93-26, Brad Houlihan of Clover Leaf Construction
representing Krissa cappetti requesting a 2.8 toot variance
from the required 30 toot side yard to 27.2 feet for property
located at 1760 17th Street S.W. and further described as the
north 150 teet of Tract 138, Unit 195, Golden Gate Estates.
(4) Petition V-93-24, Richard and Dorothy Crawford requesting a
4.67 foot variance from the required 20 foot rear yard for a
swimming pool and screen enclosure as required in the Forest
Lake PUD for property located at 1516 Forest Lakes Boulevard
and further described as Lot 17, Block B, Forest Lakes Homes.
(5) Petition V-93-29, Alan V. Roseman of Q. Grady Minor ,
Associates, P.A., agent for Angelo Puleio (Enzo's Pizzeria and
Italian Ristorante) requesting a variance to the yard
requirement of 25 feet to 16.43 feet tor commercial property
contiguous residential property for that property known as Lot
1 and 2, Block 2, Unit One, Bonita Shores Subdivision.
(6) Petition CU-93-12, Arthur C. Quinnell representing David Law
requesting Conditional Use "4" of the C-4 zoning district for a
boat sales and storage facility for property located at the
terminus of Palm Avenue in Goodland and further described as a l
. 80DI( OOOjAGt 04 I
EXHIBIT
~
(28N)
I~ ftMa
November .2~~nci29n-n NO.7 A
April 25, 2006
Page 34 of 101
JtDOIdJ'l':[~ .a-5~. U PB'l':IT:IOJr V-93-29, ALA]( V. ROSIDIAIf or Q. GRAD\'
IIDIOa . &s8OCIATD, P.A., ACDJn' roR AlICJELO POLZIO (OZO"S PIZZDIA AJI1)
ITu.ua aD'I'OItI.1I'ft) UQUKSTIIG A VnIAJlC& '%'0 TO YARD DQUDDID"I' or
25 ~ TO Ie." rD'l' roll COICIIDCIAL PROPERTY COIfTIGtJOUS TO
D2b_'u..a.r. PItO~.ud"Y - .IDOPTBD
Legal notice having been published in the Naples Daily News on
November 7, 1993, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Planner Nino announced that the petitioner wishes to add to the
back of the restaurant. He explained that the addition 1s necessary
because the restaurant staff presently washes out equipment outside
the building which has caused problems to the abutting property
owners.
Mr. Nino reported that the CCPC recommends approval of this peti-
tion with conditions on the Agreement Sheet.
COJllJllissioner Saunders closed the public hearing.
~4..10Der CODStantina JKJVed, .econd.e<I by Co.a1..1oner Volpe and
Cllrr1.. --i....ly, that Petition V-93-29 be approved, thereby
~1Dg .....1v.t:1on 93-5'8.
aDDK ()(J()PAGt f)~
Page 27
~
RESOLUTION NO. 93-~
Aoenda Item NO.7 A
NOVEMBER 2.3. Ai9,~325, 2006
Page 35 of 101
RELATING TO PETITION NUMBER V-93-29, FOR
A VARIANCE ON PROPERTY HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 125,
Florida statutes, has conferred on all counties in Florida the power to
establish, coordinate and enforce zoning and such business regulations
as are necessary for the protection of the public, and
WHEREAS, the county pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) which establishes regulations
for the zoning of p~rticular geographic divisions of the County, among
which is the granting of variances, and
WHEREAS, the Board of Zoning Appeals being the duly elected
constituted board of the area hereby affected, has held a public
hearing after notice as in said regulations made and provided, and has
considered the advisability of a 8.57 foot variance from the required
yard of 25 feet to 16.43 feet for commercial property contiguous to
residential property as shown on the attached plot plan, Exhibit "A" in
a C-4 zone for the property hereinafter described, and has found as a
matter of fact that satisfactory provision and arrangement has been
made concerning all applicable matters required by said regulations and
in accordance with Section 2.7.5 of the Zoning Regulations of said Land
Development Code for the unincorporated area of Collier County, and
WHEREAS, all interested parties have been given opportunity to be
heard by this Board in public meeting assembled and the Board having
considered all matters presented,
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier
County, Florida, that:
The Petition V-93-29 filed by Alan V. Roseman of Q. Grady Minor'
Associates, P.A. representing Angelo Puleio with respect to the
property hereinafter described as:
Lot. 1 and 2, Block 2, Bonita Shores Unit No. One, according to
the Plat thereof recorded in Plat Book 3, Page 1 of the Public
Records of Collier County, Florida.
aDO~ ()()()Pl~t fifi
-1-
NOVEMBEItgi6qa :l!99'')''lo. 7 A
April 25, 2006
Page 36 of 101
be and the same hereby is approved for a 8.57 foot variance from the
required yard o! 25 feet to 16.43 feet for commercial property
contiguous to residential property as shown on the attached plot plan,
Exhibit "A" ot the C-4 zoning district wherein said property is
located, subject to the following conditions:
Exhibit "B"
BE IT RESOLVED that this Resolution relating to Petition Number
V-93-29 be recorded in the minutes of this Board.
Commissioner Constantine
offered the foregoing
Resolution and moved for its adoption, seconded by Commissioner
Volpe
and upon roll call the vote was:
AYES: Commissioner Constantine" Commissioner Volpe" Commissioner Norris"
Commissioner Matthews and Commissioner Sacddecs
NAYS:
ABSENT AND NOT VOTING:
ABSTENTIon:
Done this
23
day of
November
, 1993.
,.,ATTEST: 'l ~ I fJ~ ..
. DWIG~;E. BROOJr;r, CLERK
:........... .' . ""~
~~~~
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AP~PVED'A8 TO F6~ AND LEGAL SUFFICIENCY:
.... '''''4. : .<:.>~'
:" '..1. ~~'f3\' . .
,,\i.... ~A.L ~ ~" 1.Al:f
HARJO E M. ENT .
ASSISTANT COUNTY ATTORNEY
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
~~
BURT L. SAUNDERS, CHAIRMAN
V-93-29/mh/10SOO
BOOK 000 PAGr 67
-2-
._-~
NOVEBBER 21 lQg1
J-'.genCfcf Itertl No.7 A
April 25, 2006
Page 37 of 101
NOVEMBER '3 ~ 109.~
r\~II~C1 i't~,"I"No. 7 A
!...pril 25, 2006
Page 38 of 101
AGREEMENT
I, Alan V. Roseman of Q. Grady Minor & Associates, P.A. as
owner or authorized agent for Petition V-93-29, agree to the
following stipulations requested by the Collier County Planning
commission in their public hearing on November 4, 1993.
(i)
The variance only applies to the wall of the addition
facing the residential property per attached exhibit.
The existing wood fence be repaired and strengthened to
ensure its longevity and to correct areas where the
fence is no longer completely vertical.
The remaining property within the designated utility
easement (south of the proposed wall) be vegetated with
landscape material that will achieve a height of at
least 12 teet with an opacity rating of 80t between the
height of the fence and 12 feet, one year after
planting. specifications for this landscaping
requirement shall be subject to approval of the CUrrent
Planning Landscape Architect.
(ii)
( iii)
PETITIONER OR AGENT
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Agreement Sheet was acknowledged before me this
day of , 1993 by , who is-
personally known to me or who has produced
as identification.
(Signature of Notary Public)
NOTARY PUBLIC
Commission ,
My Commission Expires:
Exhibit "B"
-1-
aODK 000 PAG~ 69
NOVEMBE.Rg~a:La 1l9l9:3\Jo. 7A
April 25. 2006
Page 39 of 101
'~':', '
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STATE OF FLORIDA
COUNTY OF COLLIER"
The forego1nq Aqreement Sheet was acknowledqed betore .e this
day of , 1993 by , who is-
personally known to me or who has produced
as identification.
(Siqnature ot Notary Public)
NOTARY PUBLIC
Commission #
My Commission Expires:
(For AW use, eliminate last signature and notarization blocks.)
V-93-29/mh/10501
aoo\( 000 PACE 70
12. ADVZRTISED PUBLIC BE~RING8 - Bec
\
A: COMPREHENSIVE PIAN '-MENDMENTS
Aaenda Item
~ April 2
Page 40
. It
IS. ZONING MmNDMENTS
(1)
Petition PUD-93-10, Mr. Kevin McVicker representing Gulfcoast
Design Associates, . Inc., requesting a rezone from the Lauren
Pines PUD and Leawood Lakes PUD to "PUD" to be known as Leawood
Lakes for property located on the south side of Radio Road
approximately ~ miles east of Airport-Pulling Road in Sec. 6,
T50S, R26E.
c. Q:11ltR
(1) Petition AV 93-016, to vacate a 30 foot access easement as
described on the Plat of Eagle Acres recorded in Plat Book 4,
Page 14, of the Public Records of Collier County, Florida.
Petition AV 94-002, R. Scott Price as agent for owner, East
Sound Realty, Inc. requesting vacation of a ten foot utility
easement located on a portion of Lots 17 , 18, on the plat of
Harrington Sound as recorded in Plat Book 17, Pages 42-43, of
the Public Records of Collier County, Florida.
(3) Recommendation that the Board consider a request from the
Pelican Marsh Community Development District for consent to
exercise additional powers as set forth in Section
190.012(2) (a) and (d), Florida statutes.
(2)
(4) Recommendation that the Board of County Commissioners adopt
certain amendments to the Collier County Cable Television
Franchise Ordinance. (Continued from 3/1/94 meeting).
13. BOARD OP ZONING APPEALS
A. ADVERTISED PUBLIC HEARINGS
(1) Petition CU-93-2l, Geoffrey G. Purse << Associates, Inc.,
requesting Conditional Use "2" of the "VR" Zoning District for
a child care center located on the northwest corner of 4th
street South and Colorado Avenue in Sec. 4, T47S, R29E.
(Continued from the meeting of 2/8/94)
(2) Petition CU-93-20, Donald A. Pickworth representing Island
Marina, Inc., for expansion of an existing marina by way of a
conditional use pursuant to Section 2.2.8.3 of the "RT"
District for Island Marina, Inc., located on Vanderbilt Drive
immediately south of Wiggins Pass Road.
(3) Petition V-94-1, Alan V. Roseman of Q. Grady Minor and
Associates, P.A., as agent for Angelo Puleio (Enzo's Pizzeria
and Italian Restorante) requesting an additional 2.23 foot
variance over a previously approved variance of 8.57 feet for
commercially zoned property adjacent to a residential zoning
district effectively reducing the separation requirement frolll
25 feet to 14.2 feet for property known as Lots 1 and 2, Block
2, Unit No.1, Bonita Shores Subdivision.
(4) Petition V-93-32, Geoffrey Purse of Purse & Associates, Inc.,
representing B & B Properties, Inc., requesting a relaxation
from the requirement of two parking spaces per dwelling unit
for the Oakhaven Affordable Housing Project, by reducing the
overall parking requirement of 320 spaces to 240 spaces or 1.5
spaces per d....elling unit for property located in Immokalee,
Sec. 4, T47S, R29E. (Continued from the meeting of 2/8/94)
(5) Petition CU-93-1S, Timothy L. Hancock of Wilson, Miller,
Barton & Peek, Inc., representing Robert L. Weeks, requesting
Conditional Use "23" of the A-ACSC/ST Zoning District for
airboat tours and exhibits associated with and accessory to the
tour for the property located on the south side of U. S. 41
East, approximately ~ mile west of S. R. 29 in Sec. 25, T52S,
R25E, consisting of 20:. (Continued from the meeting of
IODlt 000 I!l';{ 04"
P.,genda Item No. 7 A
March 8, 1994 April 25, 2006
Page 41 of 101
(2..0)
It_ nU3
KKSOLDTI~ ..-181 KI PETITIO. V-lt-1, ALAW V. ROSKMAW or Q. BRADT
Ia1IOIt AJID ASSOCIATES, P.A., AS .lOUT ft>R AJlGELO POL%IO (UZO'S
PI~A &Jm IT&LIAII RD'I'OItlJITZ) UQtJ'ESTIlfO AJI ADDUIOIf&L 2.23 rooT
V&JlUIICK ova A PREVIOUSLY UPROVED VA.RIAJ(CE or II. &7 J'E'IT - ADOP'RD
Legal notice having been published in the Naples Daily News on
February 20, 1994, as evidenced by Affidavit of Publication filed with
the Clerk, public hearing was opened.
Planner Nino reported that this petition results trom an error on
the part of the petitioner in the amount of a variance granted by the
Board two .onths previously. He explained that the petitioner thought
that he had 10 feet of concrete ramp in the rear of the building, but
the raap is actually larger which results in the request for an addi-
tIonal 2.7 teet ot variance.
Mr. Kino stated tha~ the CCPC recommends approval with the same
stipulations that applied in the original petition.
Chairaan Constantine closed the public hearing.
cc-J...lo.-r .orrl. aaved, _conded by Co_i..ioner Saunder. and.
carried UDaDl~ly, to approve PetItion V-It-1, thereby ad.apt1ng
a..olutlan 14-158.
aOOK 000 PlGt 113
Page &1
RESOLUTION NO. 94-~
RELATING TO PETITION NUMBER V-94-1, FOR A
VARIANCE ON PROPERTY HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
MARCil 8 1994
Agentla Item f\lo. 7 A
April 25, 2006
Page 42 of 101
WHEREAS, the Legislature of the State of Florida in Chapter 125,
Florida statutes, has conferred on all counties in Florida the power to
establish, coordinate and enforce zoning and such business regulations
as are necessary for the protection of the public, and
WHEREAS, the County pursuant thereto has adopted a Land
Development Code (Ordinance No. 91-102) which establishes regulations
for the zoning of particular geographic divisions of the County, among
which is the granting of variances, and
WHEREAS, the Board of Zoning Appeals being the duly elected
constituted board of the area hereby affected, has held a public
hearing after notice as in said regulations made and provided, and has
considered the advisability of a 2.23 foot variance from the previously
approved 8.57 foot variance which yielded a required setback of 16.43
feet and now to 14.20 feet from the required 25 foot separation
requirement between residential and commercial zoned property as shown
on the attached plot plan, Exhibit "A" in a C-4 zone for the property
hereinafter described, and has found as a matter of fact that
satisfactory provision and arrangement has been made concerning all
applicable matters required by said regulations and in accordance with
Section 2.7.5 of the Zoning Regulations of said Land Development Code
for the unincorporated area of Collier County, and
WHEREAS, all interested parties have been given opportunity to be
heard by this Board in public meeting assembled and the Board having
considered all matters presented,
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of
Collier County, Florida, that:
The Petition V-94-1 filed by Alan V. Roseman of Q. Grady Minor
and Associates, P.A., representing Angelo puleio (Enzo's Pizzeria and
Italian Ristorante) with respect to the property hereinafter described
as:
Lot 1 and Lot 2, Block 2, Bonita Shores, Unit No. One according to
the plat thereof recorded in Plat Book J, Page 1 of the Public
Records of Collier County, Florida
aODK 000 PA(;~ 114
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MAR~~e~tJa ~?J~ No, l.A.
be and the same hereby is approved for a 2.23 foot variance from ~i125,2006
Page 43 of 101
previously approved 8.57 foot variance which yielded a required setbacK
ot 16.43 feet and now to 14.20 feet from the required 25 foot
separation requirement between residential and commercial zoned
property as shown on the attached plot plan, Exhibit "A" of the C-4
zoning district wherein said property is located subject to the
previous conditions associated with Resolution No. 93-548.
BE IT RESOLVED that this Resolution relating to petition Number
V-94-1 be recorded in the minutes of this Board.
commissioner
Norris
offered the foregoing
Resolution and moved for its adoption, seconded by commissioner
Saunders
and upon roll call the vote was:
AYES: Commissioner Norris, Commissioner Saunders. Commissioner Volpe,
Commissioner Matthews and Commissioner Constantine
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
day of
Done this 8th
, J :J :';"0
,', ' ...f,;...-
ATTEST: . '; .... /.
DWIG~. '~:" B.~09S/..~LERK
BY!~ -i;;;~i- ~ 4.C!.
p ..'
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Is ' , ,
. '1"'1'.\
APPROVED'AS TO FORM AND LEGAL
March
, 1994.
SUFFICIENCY:
~S~E~
ASSISTANT COUNTY ATTORNEY
VARIANCE RESOLUTION/11157
aD OK 000 PAr.t 115
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Agenda Item NO.7 A
April 25, 2006
Page 45 ?f 101
Building Review and Permitting
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Permit Tracking and Inspection Schedulil
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
PERMIT HISTORY REPORT
Back
PERMIT NBR: 2004070504 JOB DESC: INT BUILD OUT, ADI
BATHROOMS STATUS: INSPECT
JOB LOCATION: 4351 BONITA BEACH RD FOLIO NUMBER: 00000244~
SUBDIVISION: 208/ Bonita Shores Unit 1 BLOCK: 2 LOT: 1
MASTER NBR: 2004070504 TRS: UNIT: TRACT: NONE TAZ: 2
WATER: CC SEWER: NC COA: FLOOD ZONE: X
OWNER NAME: PULEIO TR, ANGELO JOB PHONE:
CERT NBR: DBA: JOB VALUE: $15,000.00
CONTACT NAME: CHET CONTACT PHONE: (239)289-2807
SETBACKS: FRONT: REAR: LEFT: RIGHT: SPECIAL:
IImportant Dates:
IAPPL Y IIAPPROVE II,SSUED Ilco
07/06/2004 09/02/2004 09/23/2004
Additional
Info: @@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@(G
11/8/04 NOTE TO INSPECTORS, PER BILL HAMMOND, OK TO CONTINUE INSPI
INTERIOR BUILDOUT ONLY, ONCE FOOTPRINT FOR BATHROOMS ARE DETEF
NEED A SPOT SURVEY AND INSPECTIONS WILL
CEASE/DMD@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@
change truss/rafter/joist spacing to 24" OC jmk
IIEXPIRE IlcANCEL
03/22/2005
ISubContractors:
~ si~:Us ISTART DATE IIEND DATE
999999 ACTIVE 09/01/2004
999999 ACTIVE 09/0112004
999999 ACTIVE 09/01/2004
999999 ACTIVE 09/01/2004
IISTATUSII c~~:s IE
ACTIVE EL OWNER!
ACTIVE PB OWNER!
ACTIVE ME OWNER!
ACTIVE RF OWNER!
ISubPermits:
IPERMIT NBRlIsTATUSIITYPE IICERT NBRIIDBA
2004070504 INSPECT BC3
llJOB I
INTBI
R4.TH
EXHISJT
'f)
http://www.colliergov.net!commdev/permits/tracking_insp/ AIIDetails.cfm ?PennitNbr... j
Building Review and Permitting
. \
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Page 2 of4
Agenda Item NO.7 A
Aoril 25, 2006
Page 46 of 101
IFEE SCHEDULE:
~8IDESCRIPTION
08BREV PENDING PERMIT REVISION
061MIS PENDING INSPECTION MISC. FEE
08BAPP POSTED BLDG. PERMIT APPLICATION FEE
08FUNN POSTED FIRE INSP-<75'-NORTH NAPLES
11 PLNRV POSTED ZONING PLAN REVIEW-PLANNING
08BCAI POSTED BLDG. CODE CERT. SURCHARGE
08BPNP POSTED BLDG PERMITS - NAPLES
08FPRF POSTED FIRE PLAN REVIEW FEE
08MFSG POSTED MICROFILM SURCHARGE
08RDGS POSTED BLDG. PERMIT SURCHARGE
08BACR POSTED BLDG. PERMIT APP. FEE CREDIT
08FUNN POSTED FIRE INSP-<75'-NORTH NAPLES
08FUNN POSTED FIRE INSP-<75'-NORTH NAPLES
08EMSI POSTED EMS IMPACT FEES UNINC.
OBJAIL POSTED JAIL IMPACT FEE
08GGBI POSTED GOV BLDG IMPACT FEE
08GCR1 POSTED DIST 1 ROAD IMPACT FEE-GEN. CO
42WSDC POSTED WATER SYSTEM CHARGE
42SSDC POSTED SEWER SYSTEM CHARGE
42MTTP POSTED COUNTY METER TAP CHARGE
061MIS PENDING INSPECTION MISC. FEE
061MIS PENDING INSPECTION MISC. FEE
061MIS PENDING INSPECTION MISC. FEE
II WAIVE IIAMOUNT I
N $!
N $.I:
N $1C
N $1C
N $~
N S
N $3C
N $17
N S
N S
N ($10(
N $1C
N ($101
N $22
N $42
N $1,2i
N $9,81
N $2,6E
N $3,01
N $6C
N $.I:
N $.I:
N $.I:
Ilnspection History:
IREQ IICLAssl DESCRIPTION/REMARKS 81REQ DATEII RES IIRES D
CODE
NOTICE OF
099 ST COMMENCEMENT 0 09/24/2004 90 09/24/20(
BK 3648 PG
0320/KLA
100 ST FOOTINGS 0
103 ST SLAB 0
TIE BEAM
104 ST work on addition not 0 11/10/2004 80 11/10/20
allowed at this time
107 ST SHEATHING METAL 0
FASCIA
108 ST FRAMING 0 11/10/2004 92 11/10/20
interior only
109 ST INSULATION 0 05/3112005 90 05/31/20
111 RF ROOFING IN 0
PROGRESS
FINAL BUILDING
115 ST no approved 0 09/23/2005 74 09/23/20
122,inspection hold per
bill hammond
118 ST LINTEL BEAM 0
119 ST FILL CELLS 0
http://www.colliergov.net/commdev/permits/tracking_ insp/ All Details. cfin?P ermitNbr ... 11/21/2005
Building Review and Permitting Page 3 of 4
Agenaa Item NO.7 A
. l April 25, 2006
.. . Page 47 of 101
.f " ,w , 10 DAY SPOT
.' SURVEY
.. overdue 11/8/04 PER
" BILL HAMMOND, OK
TO PROCEED WITH
INSPECTIONS ON
122 SS INTERIOR BUILDOUT 0 10/19/2004 81 10/19/20
ONL Y, ONCE
FOOTERS FOR
BATHROOMS ARE
DETERMINED WILL
NEED SPOT SURVEY
AND INSPECTIONS
WILL CEASE/DMD
MONOLITHIC SLAB
133 ST NEED 122 OUTSIDE 0 10/06/2004 90 10/06/20
FOOTPRINT PER
34 /CRS
134 RF FINAL ROOFING 0
135 FINAL SHUTTERS 0
136 ST IMPACT GLASS 0
FRAMING
200 PB PLUMBING ROUGH 0 09/30/2004 81 09/30/20
NEED 5FT HEAD
PLUMBING TUB SET
201 PB plan posted has no 0 11/16/2004 81 11/16120
interior bar plumbing
fixtures or isometric
FINAL PLBGNERIFY
204 PB METER# WITH UNIT# 0 09/23/2005 74 09/23/20
see note line \ per john
serenko
MECHANICAL
ROUGH AlC
300 ME completion of 300 once 0 OS/24/2005 92 OS/24120
bathroom exhaust fans
are installed.
301 ME FINAL MECHANICAL 0 09/23/2005 74 09/23120
AlC
618 ST FINAL FIRE 0
902 N NAPLES FD/597- 0
9227
501 EL ELECTRICAL ROUGH 0 11/09/2004 92 OS/27120
nO permit on job
502 EL FINAL ELECTRICAL 0 09/23/2005 80 09/23120
per bill hammond
PLUMBING ROUGH
200 PB REQUEST ADDED 0 1 % 1/2004 90 10/01/20
THRU AIRS
200 PB PLUMBING ROUGH 0
122 SS 10 DAY SPOT 0
SURVEY
104 ST TIE BEAM 0 11/23/2004 75 01/18/20
FRAMING
fireblock ceiling hight
changes, hole blk wall
108 ST at plumb. pipe, void in OS/24/2005 81 OS/24/20
tie beam, roof ok, ok to
insulate all but these
areas
PLUMBING TUB SET
201 PB no access to building\ 0 OS/25/2005 81 OS/25/20
locked up
http://www .colliergov.netlcommdev/permitsltracking_insp/ AllDetails.cfin?PermitNbr... 11/21/2005
Building Review and Permitting
~ ~.
~ of'
<f 11,. ,
TIE BEAM
~ per bill hammond,per
.:. 104 ST 0 01/19/2005
_A 2300,proceeding at
owners own risk
104 ST TIE BEAM 0
MECHANICAL
300 ME ROUGH AlC 05126/2005
still not ready for
inspection
108 ST FRAMING OS/26/2005
PLUMBING TUB SET
201 PB still not ready for 0 OS/26/2005
unspection
PLUMBING TUB SET
201 PB $40 SAME DAY 0 OS/2712005
FEE IKLA
MECHANICAL
300 ME ROUGH AlC 0 OS/27/2005
$40 SAME DAY
FEE /KLA
501 EL ELECTRICAL ROUGH 0 OS/27/2005
115 ST FINAL BUILDING
204 PB FINAL PLBGIVERIFY
METER# WITH UNIT#
301 ME FINAL MECHANICAL
AlC
502 EL FINAL ELECTRICAL
-..,. Print a copy of this page.
Pa~e 4 of4
Agencm Item No. 7 A
April 25, 2006
Page 48 of 101
91 01/19/20
81 OS/26/20
90 05126/20
82 OS/26/20
90 OS/27120
90 OS/27/20
90 05/27/20
Home I Jobs I Using Our Site I Contact Us I Disclaimer I Privacy
Contact the webmaster tor technical questions about our web site.
Copyright @ 2000 . 2004 Collier County Government. All Rights Reserved.
Usage is licensed under the terms ot the GNU Public License. Any other usage is strictly proh
http://www .colliergov.net/commdev/permits/tracking_inspl AllDetails.cfrn?PermitNbr... 11/21/2005
_ _ __._~. __.....,.. . ---,..I:KIVIII NUMBER ?J(/(/,/{//VJUi
l,.~~. GOVERNMENT MASTERPLAN NUMBER A.gonrl::lltem N .7A
. .~ PAGE 1 OF April 25, 006
'1,' , ,Page49o'101
APPLICATION FOij BUJLDING PERMIT COLLIER COUNTY, FLORIDA 941-643-84~OO
.Application Date1..J!e).!::f..Approved Date ---1_'_lssue Date ---1_'_ .. ,--F~~ ./
SDP# CJ 0 - 'IS- COA# PROPERTY 10 # d? ~J:1L.
PERMIT TYPE - RESIDENTIAL
1 BR2 - BLOG RES 1-2 STORIES - NEW
2. BR3 - BLOG RES 1-3 STORIES - NEW
3 BR4 - BLOG RES 4+ STORIES - NEW
4 BR2A - BLOG RES 1-2 STORIES - AOO/AL T
5 BR3A - SLOG RES 1-3 STORIES - AOD/AL T
6 BR4A - BLOG RES 4+ STORIES - ADD/AL T
7 BRMH - SLOG RES MOBILE HOME
8 BRPM . BLOG RES PARK MOOEUR.V
9 BROT - BLDG RES OTHER
Applicant:
Address:
City: AI..~/ ~ i
Phone. Number: 2-
Contact Name:
Owner/Owners:
Address:
City: M'f'/.j
Phone Number:( )
Subdivision:
Section~TownshiP Range c::<5
Block.;2.... Lot/Parcel-L-Unit
FIRM PANEL# ZONI G
Wind Borne Debris Zone PH
PER~!T TYP~ .:JllOH"RESIDENTIAL .
~ElC3 - BLDG COMM 1-3 STORIES - NEW
11 BC4 - BLOG COMM 4+ STORIES - NEW
-X- 12 BC3A - BLDG COMM 1-3 STORIES - ADD/ALT
13 BC4A - BLOG COMM 4+ STORIES - AOD/AL T
14 BCOT - SLDG COMM OTHER
RESIDENTIAL I NON-RESIDENTIAL Ale SPEC.'S
TONNAGE
Job Name:
PROPERTY SPECIFICATIONS: Acreage
, Lol'Width: 'Lot Depth: Area
'Blag Width: 4C[ 'Bldg Depth: I"
Setback from Property line:
Front:
Left Side:
Flood Zone:
Surveyed by:
Bench Mark Elevation: Location:
Coastal Zone: Yes_ No T~ater Supply: (circle one)
Certification: Breakawa Walls: Yes No: C C C N WELL OTHER
VALUE/COST: PR: . .
CONTRACTORS CONTRASTED COSTS I:;;: ()OO Water Meter Size:
CDS Calculated Value$ t!:L...r;c;oo TERMITE PROTECTION SYSTEM: (CIRCLE ONE)
DESCRIPTION OF WORK: :z;, h. BoO; IJ.ou f. <;o.J..l SOIL TREATMENT BAITING SYSTEM
rCJ~''JhA.'' CONTRACT REQUIRED
IF OWNER-BUILDER, A WARRANTY DEED MUST BE SUBMITTED TO PROVIDE
PROOF OF OWNERSHIP OF PROPERTY AND DRIVER'S LICENSE OR OFFICIAL
PHOTO 1.0. FOR IDENTIFICATION OF APPLICANT.
1 PARKING:
USE OCCUPANCY.
CONSTRUCTION TY
I II III IV IV rot
SQUARE FOOTAGE:
Living Area Sq. Ft.
Non-Living Sq. Ft:
Total Sq. Ft.
# of Bedrooms: '---
Total Panel(s) Ratlrgs:
# of Stories: L
Building Height: #Dwelling Units:--=::::"
Circle One: Shutters Impact Resistant Windows/Doors
Designed for Internal Pressures
TAZ:
Number of off street parking spaces:
Enclosed: Outdoors:
-ref:""':'
"7 ()O
Zip: PlOo
# of Bathrooms:
yo ---rcr
Handicap
Boat Slips:
Bear:
,/Right Side:
"F.F.E.
UTILITIES:
TY~e Sewage Disposal: (circle one)
~ C N SEPTIC OTHER
PR :
Owner of Record-Name:
Address:
City: State: Zip:
Bonding Company:
Address:
City: State: Zip:
Architect/En.gineer's Name:
Address:
City: State: Zip:
Mortgage Lender's Name:
Address:
City: State: Zip:
A recorded Notice of Commencement must be posted if project valuation exceeds $2.500.00
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESU
PAYING TWICE FOR IMPROVEMENTS yo YOUR P~OPERTY. IF YOU INTEND TO OBTAIN FINAN
CONSULT WITH YOUR LENDER OR P;<N ATTORNEY BEFORE RECORDING YOUR NOTICE OF CO I
EXHIBIT
C
PAGE_OF
,
, I
Agenda Item N~. 7 A
April 25,2006
Page 50 qf 101
'"
PERMIT NUMBER:
I
APPLICATION FOR BUILDING PERMIT
COLLIER COUNTY, FLORIDA
I
APPLICANT'S SIGNATURE AND OATH OR AFFIRMATION
The approved permil and/or pennit IIpplic.tiiln lXpim lrno; commenced within .ix (6) months f~r the date ofiuuancc. The penn/t or
applic.lion fee will be four tj~ the amount 'of the permll fee, if work i. slarted without an approved perlnlt. The permlllee flJrtM:r ~nder1llands
lhat only Iicen.ed conrr&Clors may be employed and Ih8llhe muclu", will nol be used or occupied unlil a certificale of occupancy I' 'Slued: By
siloing this permit application, I agree !h.t i have been retained by Ihe ownetlpermiuee to provide contracting rervices for !he trade Cor wluch I
am listed. furthermore, il is my responsibility 10 notify the CUJlomer Service seclion oflhe Building Review and Penniltinl.oeplrt~cnt should
I no longer be Ihe conlraclor rcaponsible for providing said conlooing services. I lUrther agree lhat I undel1tand Ibatlbe revtCW and ...uing of
this permit does nOI exempl me from complying wilball Counly Codu and Ordinances. II is further undentood that !he property
owner/permittcc i. the owner of the pcnnit. '
",
','
WARNING OF POSSIBLE DEED RESTRlCfIONS'
niE LAND SUBJEcr TO THIS PERMIT MAYBE SUBJEcr TO DEED, AND OTHER RESTRlcrlONS THAT MAY LIMIT OR IMPAIR
niE LANDOWNER'S RIGHTS. COLLIER COUNTY IS NOT RESPONSIBI..E FOR THE ENFORCEMENT OF WESE RESTRlcrlONS,
NOR ARE COLUER COUTNY EMPLOYEES AUTHORIZED TO PROVIDE LEGAL OR BUSINESS ADVISE TO THE PUBUC
RELATIVE TO THESe RESTRlcnONS. THE I..ANDOWNER OR ANY APPLICANT AcrlNG ON BEHALF OF THE LANDOWNBR IS
CAUTIONED TO SEE PROFESSJONAI.. ADVJCE.
'. WARNINGONWORKINCOUNTYRlGHT-OF.WAY.
This permit docs notaulhorize construction or installation of any a1rvcture 01 utility, above or below ground, wilbln any righl-of-way or __I
~rved for access, drainage or ulility purpo.es. This re'lriction specifically prohibit. fencing, sprinkler systems, landacaplng oIher Iban~.
..gns, Wiler, .ewer, c.ble and drainage work therein. If such improvements are necessary a separate permit for &hat purpose mII5I be obtained
from Tranlportalion Services
NOTICE: In addition 10 the requlrementl of this perolll, there may be additional reslrlctlons applicable to this property
lhalmay be foulld hi f this COUllly, and there lDay be addllloJlal permits required from other
J:overnmental entltlel luch as water mauaJ:enlenl dblrld, .Iale alenclea, or federal agencies.
General Contraetor's Name: r7Y>Jelf) ~
State Registration No.(if contraclor)
leU'l"'t?, \J01 e.;(') Certifieate #
Social Security No.(if ownerlbuilder) (
Address City Stale Zip
Qualifier's Signature (must be nOlarized)):{ ~./ ~_ ~ ~ {~
,
State of Florida, County of (if) / (; 'e-c...
This building Pcrmi4Pli!)ati~n was subscribed before me this !o c.fh. day of \JL> I Y , 20 g,,:{
~y . L /-HJ 1Z,.r-:/ .' JL,{2 ((;> . who is ~lIY ~ to me or produced as
lI:1en~lfic.allon, and who slated ui'on oath or affirmation Ie one that he/she has read this building permil
apphcanon, that the information nd statements in this building permit rue to the best of hislher
knowledge and that the work to be done is au!horized by the owner.
. .
Phone L.J
Date
(SEAL ABOVE)
Nt( PETERS
MY COMMISSION. DO 317851
EXPIRES; May 10, 2008
-Tlwu-.y_u_
State Registration No.(if contractor)
An5ela cj..~~ ft.;/i?"~ CertUlcateN
Social Security No.(ifowncrlbuilder)
Eleetrical Contractor's Name:
Address City State_Zip Phone L.J
Qualifier's Signature (must be notarized){, ~ ~ Date
Stale of Florida, County of u) f/t(.::'..J'C Low VoUage Work _Yes _No
This building pennit application was subscribe re me this ~ day of 1.-;;; /i
~y. I /J..() R..tr T>u/ c:> /0 , who is rsonaIly known me or produced
Iden~lfic.ation, and w~o slate~ upon oath or affirmation clre ne !hat he/she has read this building permit
apphcatlon. t ormatlon and statements in this building permit application are true to best ofhislher
knowledge and that the work to be done is authorized by the owner.
20 0'1
'-
as
(SEAL ABOVE)
Nl.Y PETERS
MY COMMISSION' DO 317851
EXPIRES, May 10. 2006
_oThlUNOIIryN>llc"""",""",,
a Public
IfmL/ ~5
printed, qyped. or stamped
PAGE
OF
PERMIT NUMBER;
I
Agenda Item Nd. 7 A
April 25, ~006
Page 51 Ofl101
... i
APPLICATION FOR BUILDING PERMIT
COLLIER COUNTY t FLORIDA
APPLICANT'S SIGNATlJlUC AND OATH ORAFFJRMATlON
The approved permit and/or permit application expires if not commcuced within six (6) months from the date
of issuance. The permit or. application fee will bCl four times the amount of the permit fee, if work is started
without an approved permit. ThCl applicant/permittee further Understands that only licensCld contractors may be
employed and that the structure will not be used or occupied until a Certificate of Occupancy is issued.
Applicant's Name (Owner/Contractor-circle one): An~e It, ~ lAur-"" ?tJle ;(')
State Registration No. (if Contractor) Card No.
Social Security No. (ifOwncr-Bulldcr)
Address City State Zip Phone
Applicant's Signature (mtfSt be notarized) ~ ~n Date
State of Florida, County of f
.This building permit application was cribed before mCl this ~ay of. , ~/r ,~ .
by tA',J,c--l:1 P, J /eID , who i /'Sonall 1m me or produced"'" as
ident11cation, and who stated upon oath or a Innation (circle one) that helshe,has read this building permit
application, that the information and statements in this building permit application are true to the best of hislher
knowledge and that the work to be done is authorized by the owner. /1 . . V ~
..~ NltPmRS ~~
. *f i MY COMMISSION lDO 317851 atary Public
(SEAL ABJ . EXPIRES: May 10, 2008
-1'Iw"*y_~
OWNER-BUILDER DISCLOSURE STATEMENT
(Disregard If Applicant I. not an Owner-Bunder)
State law and Collier County Ordinmce requires construction to be done by licensed contractors: If you arc
applying for a permit under an exemption to that law, the exemption allows you, as the owner of the property,
to act as your own contractor even though you ,do not bave a license. You must supervise the construction
yourself. You may' build or improve a one-family or two-family residence or a farm outbuilding. The building
must be for your own use and occupancy. It may not be built for sale or lease. If you sell or lease a building
you have built yoursel~ within one (1) year after the construction is complete, the law will presume that you
built it for '5ale or lease, which is a violation of this exception. Moreover, an owner-builder applying for or
receiving more than olle (1) ,building permit for the construction ofa one-family or two-family dwelling in my
three year period shall be prima facie evidence of building/contracting without a license which is a violation of
the Collier-County Code. it is your responsibility to make sure that people employed by you have licenses
required by State Jaw and by County or municipal licensing ordinance. Any person working on your building
who is not licensed must work under your supervision and must be employed by you, which means that you
must deduct F.I.C.A. and withholding tax and provide workers' compensation for that employee, alias
prescribed by law. Your construction must comply with all applicable laws, ordinances, building codes, IUld
zoning regulations.
NOTICE: In addition to the requirements oC thl. permit, there may be additional restrictIon. applJcable
to tbl. property thatmllY be Cound In the public: records of this County, and there may be additional
permits required from otber governmental entities such as water management districts, state agencies, or
federal agencies.
. WARNING OF POSSffiLE DEED RESTRICTIONS
TIm LAND SUBJECT TO TillSPERMlT MAY BE SUBJECT TO DEED, AND OTIIER RESTRICTIONS
TIIAT MAY LIMIT OR IMPAIR THE LANDOWNER'S RIGHTS. COLLIER COUNTY IS NOT
RESPONSffiLE FOR TIlE ENFORCEMENT OF THESE RESTRICTIONS, NOR ARE COLLIER COUN1Y
EMPLOYEES AUTIIORIZED TO PROVIDE LEGAL OR BUSINESS. ADVISE TO TIlE PUBLIC
RELATIVE TO THESE RESTRICTIONS. THE LANDOWNER OR ANY APPLICANT ACTING ON
BEHALF OF THE LANDOWNER IS CAUTIONED TO SEEK PROFESSIONAL ADVISE.
. WARNING ON WORKlN COUNT\' RIGHT-OF-WAY
This permit does not authorize construction or installation of Bny structure or utility, above or. below ground,
within any right-of-way or easement reserved for access, drainage or utility purposes. This restriction
specifically prohibits fencing, spriltkler systems, landscaping other than sod, signs, water,. sewer, cable and
drainage work therein. If such improvements are necessary a separate pennit for that purpose must be obtained
from Engineering Review Services (941-403-2400). .
PAGE OF_
PERMIT NUMBER
flCJOY1rla item No. 7A
April 25, 2006
Page 52 of 101
Plumbing Contractor's Name:
APPLICATION FOR BUILDING PERMIT
COLLIER COUNTY, FLORIDA
A~t.lo r:,,~ '-r,M/:;., VU\l"\'l;)
Social Security No. -cert. No.
State Registration No.
Address City~e_ZiP
Qualifier's Signature (must be lIotarized) t ~~ ~'V
Phone
Date
(SEAL ABOVE) . .
AMY PETERS
MY COMMISSION' DO 3178
EXPIRES; May 10, 2008
__NoloIy_u""""",,
State Registration No.
/9"'!J c In at &" r w?:.:. j)rJ I p ;n
Social Security No. Cert. No.
AlC Mechanical Contractor's Name:
Address City State_Zip
Qualifier's Signature (must be notarized) X ~ I2-Jzfj ....0
State of Florida, County of (! (j /!t 'el<-.
Phone
Date
^).J.This' building permit application was subscribed before me this~ay of ']() (~
20--U!1-by / /-ffft?,r-f- POLe-IO , who Is (JiersonallY kDO~ to e or
produced as identification, aod who stated upon oath or
affirmatioo(circle one) that he/she has read this building permit application, that the information and
statemeots in-this building permit application are true to tbe best of his/bel' knowledge and that the work
to be done is authorized by the owner.
I ~v~ AMY PETERS
I ijiil::\ MY COMMISSION' 00 317851
. . , EXPIRES; May 10, 2008
, \~ ,.' _~ Tln -.y P1.OIlc l.OlOom....
(SEAL ABO '" ;".
~/;2~
4th ~ lYeie/:\'
printed, typ 'd, or stamped
~tate Registration No.
rhj,.loc1li~ /6/f/O
Social Security No. Cert. No.
Roofing Contractor's Name:
t\.ddress City State_Zip
Qualifier's Signature (must be Ilotarized) Js- ~~ ~~
Phone
Date
~tate of Florida, County of
(Pd//I(O~_
"d This building permit ~plication. was subscribed before me 6~ay of
,.t04:--by L./it/,€,,4 PO j,el (} , who erson own
produced r as identification, and stated upon oa~ or
.lffirmation(circle one) that he/she has read this building permit application, that the information and
~tatcments in this building permit application best of hislher knowledge and that the work
to be done is authorized by the owner.
AMY pmRS
MY COMMISSION' DO 317851
EXPIRES: May 10, 2008
- ThnI NoIo~ PuOIio lJndonnroq
I
PRELIMINARY & PLANNING REVIEW
ROUTE SHEET
Agenda Item N1" 7 A
April 25, 006
" Page 53 Of[1 01
!
,
I -\
~ .
permit#~hO~CJ10~~
Gl
_New Plan
~d Plan
_Proj Permitted revision
Status
Reviewer
~
App
Hold
N/A
Planning Review comments
?t2.'VIl 12e:VIEW (1.t'Y\~TS 0.0. Pr1>1)'laE.':.sE".D. -p~ IA.!oe EXLee:.>
~,.:x:.t.::>>:::' Pj\"lI.nL~-e..LE t'Pr~lI'.'~~ I ""b Pt-ppi2C~ ~ ~.b1>I.qO.Olf-S:" 11eo..rlb~
.J: /l__ "h::: :--.... ~ ~1rt\"'l>'1
€V,t)€W(€ 'V' nmPt-E "R'1"RIc:./~rKa>l,)U:: ~1""'-?~~l>VI~E IF v$.€ l> 7t:> .~
Re$TI')ui.!.""...:>r ole B~o/ t.L>o::>~ (- St'7e> Feo'b ,SFrt..E.S.).
Architectural Review
Status
Reviewer
Hold
~
App
N/A
Architectural Review Comments
RECEIVED
AUf; 0 ;j 7004
"BUILDlNG PLANS iUjim
I
I-
I
I
i
I
!
v
C.
Pwnii ~
2oo:107C?'>P/
I
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Planning review
Planning ~evjew comments
PRELIMINARY & PLANNING REVi~W
ROUTE SHEET
Iln
Agenda Item Noi7 A
April 25. 2 06
. Page 54 of 01
~~Jew Pian
-'-.-Revised Plan
_Pro(Permitte~:f revisio
low. Status I Re'vi,9wer
~..- App . ~_ ,.:./"1/ .~
Off H~';~-"~ . r-:'"
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IN/A
I
. .
, Agenda Item NO.7 A
April.25, 2006
Page 55 of 101
. . .
PRELIMINARY &PLA~NING REVIEW,
RO.lJTE SHEET
Permit # (J)(j () VCJl CJ:JlJ :'/
[..../N~w Plan
- -,--Revls~d PI.an
~Prqj Permitte?, revish
Review
Status
Rev1.ewer
. Planning review
/
I
I
Architectural Review Comments
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Agenda Item NO.7 A
ril 25, 2006
Pa e 56 of 101
http://arc.colIierappraiser.cOmiservlet/com.esri. esrirnap.Esrimap ?ServiceName=ccpa _design... 7/7/2004
.Page 1 of 1 .
I
Agenda Item Np. 7 A
April 25, :2006
age 57 ojf 101
i
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http://arc.collierappraiser.com!servlet/com.esri.esrimap .Esrimap ?ServiceN ame=ccpa _design... 7/7/2004
Collier County Tax Collector
3301 Tamiami Trail East,
Naples, FL 34112-4997
COLLIER COUNTY OCCUPATIONAL
LICENSE
.,~:;.> _.,-:'1~:;'i". '
I . BUSINESS INFORMATION II
I License #:11850899 I
I Name:IIENzo's PIZZERIA &ITALIAN
I DBA:II
I Location:II4351 BONITA BEACH RD.
I Zoned:lIcOLLIER CO
I Mail 1 :1\253 WILLOUGHBY DR
I Mall 2:11
ICily, State zip:IINAPLEs, FL 34110-0000
I Phone:1I992-55S5
I COde:1l02DDDOD31 Description ~~~~AURANTS
I . Stale L1c:II~~TS . II c'ass:IIRESTAURANT
I Counly Lic:1\ II Calegory:1I75.149 SEATS
I . .lr--ll .1 HEALTH
City Lie. L--.J Preq. CERTIFICATE
Address
City, State Zl NAPL.ES, FL 34110
Phone:11597-4650
'j" :~)~i~j;,~ 1~1~~1;~' ~I~t~
-
*. LICENSE rs PArD ..
.. LICENSE :I.S OPD *..
http://www.colliertax.comiOccupationalLi cense/RecordDetail.asp ?LicenseN umber=850899
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Aaenda Item N6. 7 A
~ April 25, 2006
Page 58 of 101
I
7/7/2004
Collier County Tax Collector
3301 Tamiami Trail East,
Naples, FL 34112-4997
COLLIER COUNTY OCCUPATIONAL
LICENSE
l"age 1 ot 1 I
I
Agenda Item Nb. 7 A
April 25, ~006
Page 59 or 101
I BUSINESS INFORMATION II OWNER INFORMATION I
I License #:1\942801 II Name 1 :I\PULEIO, ANGELO/LAURA I
I Name:IlENZO'S PIZZERIA & ITALlA II Neme 2:1\ I
I DBA:II II Address 1 :IISAME AS MAILING I
I Location:1I4351 BONITA BEACH RD II Address 2:11 I
I Zoned:I/COLLIER CO II City, Stale zip:1I I
I Mail1:t1253 WILLOUGHBY DR I I Phone:1\597-4650 I
I Ms1l2:11
City, Stale Zlp:IINAPLES, FL 34110-0000
Phone:1I992.5555
Code:IID3900D011\DescrlplionllRETAIL SALES
State Lic:1I II Class:I/RETAILSALES
.county L1c:1I . II Calegory:1I ... LICENSE IS PArD ....
City L1c:IDI preq.I\STORE FRONT .* LICENSE 18 OPEN ..
. ONLY
-
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http://wv..W.colliertax.com/OccupationalLi cense/RecordDetail. asp ?LicenseNumber=942 80 1
71712004
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'AU' 347948'3.' 'Qlt-3648 PG: 0320 ux I
, Ile.- in omCIAL RJCOlDS of cOLLm C.rfJia Item No.7 A
09"3/2004 at 11 :ZI" DIIIGHf I,. BROCl, CLIRl April 25,12006
, RIC PBJ 10~@:Jge 60 qf 101
coPlis2 . ~
KISC . l.5~ !
"tate of Fl.ORIDA
.
-
Retn: ,
lIG1L~ PULIlO:
Z53 IIILLOUGHBY DR
JlAPLIS PL 3m~' -
P<rtIlJl No ~oy 07 oSO if"
~~Follo NO _.~ ,_.. -, ". "
SLate of.F/Dn D~
Count:. of _~CQ/1Le.r
TIiE UNDERSIGNED hereby ii\:cs notice thllt impro\'ement will be made to ccrtll.in .rcl1l propCl"t)\ nnd in ou:cordance
\\,ithC;-~lI?!er 713. Florida SlItUtC$. th~ following inf~uonis pro\ided ill tlus Notice of Commencement.
Notice of Commencement
,. .
1. Dcscri pti 00 of prope:n)'
1I. Legl1l descriptioo DC the propertj. and street adt;Iress if D~'~able . .
L6f.$. l 'i-?-'l"'6IoC!..:tc- ~'<l:Sor\'d..:a::~~sho~s Ullc+ No. ONt:..
2. Gec.~ descriptioo.ofinlprovemcnl I , " ' " .:!
1: Y\"+e,n'OrbJ d,~o'uT y- b A-i-hy"(1'OM~
3.. Ov<no- infonnarloo . , ().f1I-E~ r.~'
LNamcandaddn:ss ""r..,.. rn~, ?u/~io .:rS3 Wr/{ov..shk~ Cr. /V~Ie-s ~i"/.I0
b. lnl=t in property I tJ ~ 1c .
e. N&lDC and address offcc simpl~ titleholder (if other tlw1 owner),
4, C ootractor
II. N &lDC an d address
D Wr, er'" /Bulcbe r
5. Surety.
II. Name a.n d address
b. Amount olbond S
l\J(A-
"AJ-{fr
6. L:::od....,. .
4. N = And &rlrlres.s' ,.
7. PC'SO'C.S ~t.b.i!llhe state orFl~ designated by Owner upon whom notices or other documents may be served
4S provided by SecdOll 713.l3(lXaX7j; florida St.lI:tI.Ites: (Name lAd Iddrt:ss)
.'
g. In addition to himselJi'hcrself, Owner dcsignms of .
receive a copy of the LiCIlOfS Notice as providedln Sectioo 713.l3(lXb), FloridJi StAtutes.
9. Expinltion cWte of Nouee 'Of Commenc.emCIlt (the l:XpintiOll -cate is 'l'Y'cuf:'orn the dzle of recorcin!; unleH
" cliffcrcnt dale is specUied. '
.ca:~
Slgnarurc ~
Sworn <0 ~d "b,on"",W,,, "': "'" ;JJ'" -'- d., Of ~ ~~~.~. . ' "
n KmV) fa -/t1e. far;d,ud(J~ _ _ __ ~,
wy Pub . ,StAte 0 FIo
MycommissioD expires: 5-/0 _()~
'.
Pttp ared by
Ql NlrPETEllS
; : MY CCltMSSKlN, DO 317B51
, . EXPIRES: May 1(), l!lXl8
~. ---.,-.-.-
(750.00-4,999.99) COIHMUNITY PARK
,51 ~ (5,000 -49,999.99) REGIONAL, PARK
___ (50,000 - 1 MIL) LIBRARY
AUll it 32004 (1 MIL +) GOVERNMENT BLDG ill
~ 11-110:.. ____ (Mobile Home - Single) FIRE
r. 1..0- --. _(MOI.'i1eI.,om'_Donh") 1l0AD~ '1~!Jl(S./(i').
\ ~' ~_ (Mobile Home - Triple) . (M/F)
q ')-..- \ 1'v' n.v. ____ ,(1\1 II)
SIIUTTEHS li---= . / ___ _(RY/TrTlr)
ELI~CTRlC ,ZIl- Al\1I'S~ T'T . (CoulIlIcrcinl
\..ow VOI:r^Gli~ .JML --i~ :3
1'L1.11\IJHNG :5{2;.Q.o.~=# 11;\(hs______, EMS :'2.- .?
(~n TIt/OIL INTH SClIOOL
l\Ui:CHANI.CAL -StzOi!.~-=_____T()ns WATlGJl
GAS SEWER
,--'5-='"-'--
BeAl.> METER CHAHGE
RADON :S__:>,;2.. rm.ALTH DKPARTMENT RE VIRED:
POOL/SPA _______ YES__-'----NO
SEPTIC _____f7S'.OQ UTILlTJ.ESWATERCONNE. fIONFEES:
FIflE ({)cJ.()O Fire I'lml Ileview YI!:S______NO
zgjJ.jo-" Fire Iuspeclillll UTILITIES SEWER CONNEC
___,_,__ YES___NO
COpy OF TEMPORARY USE
YES___NO~__
BAl'J'I.NG SYSTEM CONTHA
YES____NO
~-----'I\IV J
~IAgI'fW P WI\UT NIHVIBILR
l'ERMIT NUMBEH.
:lM'I]i;'
,AMOlJNT____
FIRE
f,'~
.MODr~L #
I?EE CHECKLIST
BlJlLDlNG
RECEIV~O
HIGHT.OF-WAY
SrTE/ENGH.
PUD l\10NJT,
IlATA CONVE.B..
-:g:,~-=
STill JCTUHAL
~~~~:;f'(~()nllllellCelnent
Bloo FooLings
o 101 Pile Caps
o 1 QlJi=le Beam
~~ab -
WJ.04-'lle Beam
ffl~hearWall
g--r~IIll1JIIS -
8'I~beathil1g Fascia Melal
l2r lJl.!H'"ra min g
[J"jO<) Insulation
[J ic Down
t. III Roufing in ]'rogreS5
o 112 Flood pl"()of
f.J , IJ Fill ; . Elcn,liol1
o J~:Jcvu1.0J' Ccrt
~ 115 Final BlliJding
01]6 Steel rJlliJdillg
I~illa] Thresh"ld Lellel
I_J II !-cl f.k:lIl1
r- 19 Fill Cells
o 120 Flood 'hill Relief
fJ 17 " lIlcrele Deeh
- 1,~1 Spot ,SW'\'c)' _.. 1 (J Lhl)!:
[J 12J (~llI11paction Test R~snlts
CJ 1 H Sleel III Slair/Col1lllJns
o 125 Elevator Pit
IJ J26 V-Zone Cert.
0127 ElcvatiolJ Cert.
o 128 Break Away Wall
[J 129 EngilJeeril1g Celt.
o I JO TIS Framing
0131 TIS Drywall
o I~ Ins1IIalion
~~olilhic Slab
(31':1.1.1'im1J ling
'mal Shutters
I 136 Impact Glass Framing
D 137 Interior Design Pressllres
o 13S Prinle Plovi~1cr!A[fidavit
[J 139 Fill,d nailing System
ms (' E(~I!Q!:i{:i. !illi.!!llli!];.!l
~J.. 'lNG
o PJumbmg Rough
20 I Plumhing Tubse!
o 20 lumbing Stack Tesl
o Sewer Tap
204 Final P!tunbing
o 2()5 lrrigalion
o 206 Grease 'I'mI'
0207 Oillnlereeplor
GAS
[J <IOU (Ja" I\oll[;i1
040 I Filial Gas
0403 Ilndergrouud Gas Piping
[I '110 G"s Tiednwn
ICUCCTRICAI,
tJ~ oi~ct.';<:aJ .T_Pole
1]".1<1] Elcdriq] Hougll
[ 502 Final EI"cllicul
LJ 50.1 Service Cballg~.
LJ S04 Temporary Power
o 505 TUG
o 506 Unrlergroullll Wiring
0507 Reg. Ele,cLlL.V. COULL
0508 Low Voltage Rongh
[J 509 Final Low Vollage
0510 Security Syslem Rongh
051] Final Security Syslem
05]2 AN, Sound, V"cRough
0513 Fin"l AN, Sound, Vac
rOOLS
o 700 Pllol Sleel & GrolJud
0701 Filla! Pool
o 702 Pool Deck
[J 70.1 Wel Niche
[J 704 Pool Shell Rcilllllrl.:emenl
b<:>,*O ~o'-f
genda Item No. 7,A,
/ April 25, 2006
. Page 61 of101
2---
FIRE
0600 Fire E ainguishers
o 60 I l'enelr tion Protection
o 602 Smok !Heat Detectors
0618 Fina] ire
o 620 Fire B lTier Wall. Rough
0621 Final ire Bar1"ieIWall
o 625 Elcvat 1r During Alarm
0.626 ShaW 'hase Rough
o 627 Final haflJChase
o 650600 II p. Call Fire Dist.
SITE ,
0800 Highl.+r.Way
!J 80 I Storm ~Vatcr r.,.lgmL
o 802 LUlltls<jupe
D. ~(J3 f.,urkiIl1/1.illUdicap
0804 Well
r:J 805 Seplic ' ill progless
[] 810 Exotic \Teg. Removal
D 813 Final S 'plic
[J 814 ElOsiOJ ISiH
[J 815 Ellgr. (Ireasc Trap
Film Ul!:I'AlltnH:N'J'
o 900 M;;;:;;-' "ire --
o 90 I Easl N pies Fire
o 902 North ap]es Fire
o 903 Golder Gale Fire
0905 Ochop e Fire
o 906 Imrnok lee
0907 Big Co kscrew
SOUD W S E
099990 No harge
099993 SW is!. 212 Unil
o 99994 SW is!. VI Unit
o 99997 SW Dist. ) /2 Unit
099998 SW Dis!. 1/1 Unit
[J 99988 SW Dis!. 2/1 Imm Dis
o 99989 SW Dist I/WMI/Co
0098 Cily of Naples
Agenda Item NO.7 A
Official Receipt - Collier County Board of County Commission~~~lli~t9g~
CDPR1103 - Official Receipt
Trans Number
493489
Date
7/6/20044:34:15 PM
Post Date
7f712004
Address: 4351 BONITA BEACH RD
Owner: PULEIO TR, ANGELO COA #:
Permit Type: BC3 Job Desc: INT BUILD OUT. ADD BATHROOMS
Applicant: CHET
DBA:
Swr Meter: Wtr Meter:
Payor: LUCARELLI
Fee Information
Fee Code DescriDtion G L Account Amount Waived
08BAPP BLDG. PERMIT APPLICATION FEE 11313890032251000000 $100.00
08FUNN FIRE INSP-<75'-NORTH NAPLES 11300000020910100000 $100.00
11PLNRV ZONING PLAN REVIEW.PLANNING '13113832634399000000 $75.00
Total $275.00
Payments
Pa ment Code
iCHECK
AccounVCheck Number
1738
Total Cash
Total Non-Cash
Amount
$275.00
$0.00 I
$275.00
$275.00 I
Total Paid
Memo:
Cashier/location: LEVYMIKE 1 1
User: INNAMORATIPATTI
Collier County Board of County Commissioners
CD-Plus for Windows 95/NT
Printed:7/6/2004 4:35:04 PM
Permit#?;:;g~,-\OI1~'SQ,'i Apply Date: J1jc.o\o'--{ IN DATE: ~ No. 7A
IMPACT FEE CAL€ULATION SHEET April 25, ,2006
. - Page 63 of 101
. AddresslProject: ~ ~ ~k~ '-.)"" '7\- 1.. . SDP Number SDP Review Date:
LB.Dd Use Classification:
~Y1.~'- ~~ \.~-.c.<...:>"
"--~
~_~\1 ~f...I.. n.- ...-=sY'Y\..:::'
Description of Project
Number of Units:
Number of Stories:
Avg Sq. Ft per Unit:
Square Footage. (living) ~ '1 '-..c, (non-living)
(total square footage)
ChB.Dge ofLB.Dd Use? YesD NoD
Comments
Folio#:
Original Permit #: q.~(J t'S \.0 ~
Use: fl,"t-" \-,...,...,..,.-c...->-vT
~ . EXPLANATION:
Comm. Parks $
Reg. Parks $
Library $
Road (#_.1..J
EMS
$ q ~ \rt~ ?'-\
I
$ AA,^'~'2-
f'rt2 ~~~.. )1~'l>TtL",~tJh\- ~,..""~~
.
\\\C'.t\.... ~r""'<$~"- ~~~~
School $
Govt. Bldg.
$ \--\jA';S' '13
$ \ j A '1 ,--\-'-~L..
yl,",=-""V\-{~".[ \~~h~"t- Y'~~
~l., ~""1-1.""~ ~~''''_!'.t ~.j--
Jail
COA CREDIT $
/ J .
I,'
Applicable Credi1s;
Amount:
Exnlanatlon:
Comrn. Park
$
Reg. Park
$
Road (#_)
EMS
$
$
$
Library
Govt. Bldgs.
$
$
$
School
Jail
- pr:-f)30Jo~
Paola F1ei.hman, Impatf Fee Ansly.t
Jaequle Hart, Impact Fee S;.eclaUat ~ger~~~l G 'i
Sign Off -Impact Fee Staff
InitialslDate
Amy Patterson, Impact Fee Manager
<(CD..-
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Aoenda item NO.7 A
~ April 25, 2006
Page 66 of 101
:-
Fire Plan Review Route
Sheef.
New Plan:
Correction: .-----"
Revision:
As Built:
-------
61815 OOPY SEND: YES _NO -'--
C:J-
In Date:
,.[) 0 (J./.O ') oS 0 V
rf/; C; /0>-/
Permit #:
Out Date:
Construction Value:
Fire Inspection Fees:
Fixe Impact Fee'
Fire Plan Review Fee:
1 st Corre ction Fee:
2nd Correction Fee:
3d Correction Fee
, Approved'By: ~
. Hold'.
75";::::-- -
4th Correction Fee':
5th Correction Fee:
6th Correction Fee:
Date:
o-~3 -0,/
Date:
N/A:
Date:
Comments:
fJ~ ~ ~""ffi-v~
AUG 11 299~
FIRE CODE
"",",\}vS'.
" . . "~'l .-
~r!}""J...-"
\ ~ '{II'
\1-\.\fj .
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v.,\J11\)\\-IU "
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f .
Agenda.Hem No. 7A
April 25, 2006
Page 67 of 101
Fire Plan Review Route
Sheet.
New Plan:
Correction:
Revision:
As BUilt:
61G15 COpy SEND: YES _NO ---'--
~
C!
~;)tJc/()7CJ 3--0 r)
/)'11/0<./
. J"/0-!cxf
/ /
Permit#:
In Date:
Out Date:
Construction Value:
. Fire Inspection Fees:
F:ire Impact Fee:
F:ire Plan Review Fee:
1 st Correction Fee: . ~
2nd Correction Fee:
3rd Correction Fee: .
ApprovedI3y, ~
Hold:
4th Correction Fee':
5th Correction Fee:
6th Correction Fee:
Date: '101 N
Date:
N/A
.Date:
Comments: ";iijp;-{1;Jk( ~~
"l\f~'P
r\l~'~J,. ..
~ 7<>"'1>.
~\j~ \'\ $'n~J~
. ~o'l>
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"U\\.\)\
~p
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~~~~
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f\?'\:. .
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\\7
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FirePlali Rev;e'w Ro'ute
Sheet.
Agenda Item NO.7 A
'April25, 2006
p.age 68 of 101
New Plan:
Corre-ction:
Revision:
As Built:
~
~.
61G15 COpy SEND:l'ES _NO -'--
. ,
Permit #:
,?va Cfa.~ 5O>L
7 {rid Y
In Date:
Out Date:
Construction Value:
",' .
Fire Inspection Fees:
Fire Impact Fee:
Fire- Plan Review Fee:
/00
/p>D
1 gt Correction Fee:
2,:o.d Con-ection Fee:
3rd Correction Fee: .
4th Correction Fee':
5th Correction Fee:
6th Correction Fee
f( Da.te: 7-Zt? -c:,/'
Date:
Approved By :
Holel:
1\1111.:
L"'1.1 oR&t1n~
M.'ill!l.'a'l1 S l'< ,
l S ~ ,(If
Vl}U
G';i1l\lSD'JDl
Comments:
i?t~ p ~
,
. JUt U ~1 ZUU~.
. I', ; . ~.',
(' ;~ ~~
,....,,.,.,
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
~.
Agenda Item t-.Jo. 7A
April 25, 2006
Page 69 of 101
PERMIT APPLICATION
PERMIT II: 2004070504
ISSUED:
~ASTER t: 2004070504 COA II:
JOB ADDRESS: 4351 BONITA BEACH RD
JOB DESCRIPTION: INT BUILD OUT. ADD BATHROOMS
PERMIT TYPE: BC3
APPLIED DATE: 07-06-04
v.i>.LID II: 504
APPROVAL DATE:
JOB PHONE:
SUBDIVISION #: 208 - Bonita Shores Unit 1 BLOCK: 2
FLOOD MAP: 0179 ZONE: AE-ll ELEVATION:
FOLIO II: 0000024471480002 SECTION-TOWNSHIP-RANGE 5 48 25
LOT: 1
OWNER INFORMATION:
PULEIO TR. ANGELO
PULEILO TR. LAURA
UTD 11/13/96
NAPLES. FL54RO 341100000
CONTRACTOR INFORMATION:
CERTIFICATE t:
PHONE:
FCC CODE: 999 - EXPRESS/NON-RESIDENTIAL OTHER
CONSTRUCTION CODE: 10 / OTHER
JOB VALUE: 15.000,00 TOTAL SQFT: 700
SETBACKS FRONT: REAR:
SEWER: SEPTIC
CONTACT NAME: eHET
CONTACT PHONE: (2391289-2807
LEFT:
WATER:
RIGHT:
WELL
Per Collier County Ordinance No. 2002-01, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additional
stipulations or conditions of this pennil This permit expires if work authorized by the permit is not commenced within six (6) months from the date of
issuance oflhe permit Additional fees for failing to oblsin permits prior to the commencemenl of construction may be imposed. Permittee(s) further
understands thai any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied lUltil a Certificate of
Occupancy is issued.
NOTICE: PRIOR TO THE REMDV AL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL
AND STATE LAWS REQUIRE THE PERMITTEE (ErmER THE OWNER OR CONTRACI'OR) TO SUBMIT A NOTICE OF
THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP). FOR MORE
INFORMATION~ CONTACT DEP AT (239) 332-6975.
In addition to the conditions of this permit, there may be additional restrictions applicable to this property that may be found in
the public records ofthis county, and there may be additional permits required from other governmental en Cities such as water
management districts, state agencies, or federal agencies.
WARNING TO OWNER: YOUR F AlLURE TO RECORD A NOTICE OF
COMMENCEMENT MAY RESULT IN YOUR PA YING TWICE FOR IMPROVEMENTS TO
YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR
LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF
COMMENCEMENT.
CDPR2020
~. \..IUL.L.IC~ vVUI't IT PERMIT NUMBER. .Y;VV'/l//C/...:;JV,/
GOVERNMENT ' MASTERPLAN NUMBER Aqenda Item No. 7,A,
. PAGE 1 OF April 25, 2006
Paae 70 of 101
, PPUCATION, FOl3. BUJLDING PERMIT COLLIER COLlNTY, FLORIDA 941-643-8400 . ~
Application Date Li~!f.. Approved Date _'_'_lssue Date -1_'_ CSA a /
SDP# 90-YS- COA# PROPERTY ID # f
PERMIT TYPE - RESIDENTIAL
1 SR2 . SLOG RES 1-2 STORIES - NEW
2 BR3 - SLOG RES 1-3 STORIES - NEW
3 BR4 - BLDG RES 4+ STORIES - NEW
4 BR2A . BLDG RES 1-2 STORIES. ADO/AL T
5 BR3A - SLDG RES 1.3 STORIES - ADD/AL T
6 SR4A - SLDG RES 4+ STORIES - ADD/AL T
7 BRMH - SLDG RES MOBILE HOME
8 BRPM - SLDG RES PARK MODEUR.V
9 BROT. BLOG RES OTHER
Job Name:
PER~!T TYPE ~ESIDENTIAL .
~~3 - SLOG COMM 1-3 STORIES - NEW
11 SC4 - SLOG COMM 4+ STORIES - NEW
-X- 12 BC3A - SLOG COMM 1-3 STORIES - ADD/A.LT
13 BC4A - BLDG COMM 4+ STORIES - ADD/ALT
14 BCOT - BLDG COMM OTHER
RESIDENTIAL I NON-RESIDENTIAL AlC SPEC:S
TONNAGE 1~x..flSh~
SEER# IS
USE OCCUPANCY - RESID TIAL
USE OCCUPANCY
Applicant: CONSTRUCTION TY
Address: I II III IV IV rot
City: A/..'Y'/<:) SQUARE FOOTAGE:
Phone Number: 2. living Area Sq. Ft. ~ - ....
Contact Name: Non-Living Sq. Ft. ,cr-'
Owner/Owners: Total Sq. Ft.
Address: # of Bedrooms: "--
City: /1A<",I<, Zip: J 'fllo Total Panet(s) Ratirgs:
Phone Numbe'r: # of Stories: L
Subdivision: Building Height: #Dwelllng Units:--=::=:..
Section_Township_Range_ Circle One: Shutters Impact Resistant Windows/Doors
Block LoUParcel Unit Trac~~ . Designed for Internal Pressures
FIRM PANEL# -;;-NINGMf'/j. / ~ PARKING: TAZ:
Wind Borne Debris Zone MPH / Number of off street parking spaces:
PROPERTY SPECIFICATIONS; Acreage Enclosed: Outdoors:
'Lo~Wjdth: 'Lot Depth: Area
'Sleig Width: 44 'Bldg Depth: II.
Setback from Pr-operty Line:
Front:
Left Side:
Flood Zone:
Surveyed by:
Bench Mark Elevation:
Coastal Zone: Yes
Certification: Breakawa
VALUE/COST:
CONTRACTORS CONTRA~TED COST$
CDS Calculated Value$ ~,9CJo
DESCRIPTION OF WORK: . z:;.., I. bJ; ;d,.,;.v t- c.del
ICJ h'~..'!',~"""", ,
~
'700
# of Bathrooms:
Handicap
Boat Slips:
Rear:
Right Side:
F.F.E.
UTILITIES:
TY~e Sewage Disposal: (circle one)
~ C N SEPTIC OTHER
PR :
Location:
No_
Walls: Yes No:
TY~ter Supply: (Ci.rCle one)
. C C C N WELL OTHER
PR: .
Water Meter Size:
TERMITE PROTECTION SYSTEM: (CIRCLE ONE)
SOIL TREATMENT BAITING SYSTEM
CONTRACT REQUIRED
IF OWNER-BUILDER, A WARRANTY DEED MUST BE SUBMITTED TO PROVIDE
PROOF OF OWNERSHIP OF PROPERTY AND DRIVER'S LICENSE OR OFFICIAL
PHOTO 1.0. FOR IDENTIFICATION OF APPLICANT.
Owner of Record-Name:
Address:
City: State: Zip:
Bonding Company:
Address:
City: State: Zip:
ArchitecUEngineer's Name:
Address:
City: State: Zip:
Mortgage Lender's Name:
Address:
City: State: Zip:
A recorded Notice of Commencement must be posted if project valuation exceeds $2.500.00
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR
PAYING TWICE FOR IMPROVEMENTS yo YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING,
CONSULT WITH YOUR LENDER OR AN ATIORNEY BEFORE RECORDING YOUR NOTICE OF COMMEMCEMENT
*'
COLLIER COUNTY GOVERNMENT
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DMSION
2800 North Horseshoe Drive . Naples, Florida 34104 . 239-403-2400 . FAX 239-403.2334
Agenda Item NO.7 A
April 25, 2006
Page 71 of 101
. 7 2(l (H Please Nate: These I'eyiews do 80t i8elade any ether eelRmeots wem ethel' departmeots that weuld
be i8yalved. This is oBly fer the RlIildiag Review & Pel'mittiBg departmeat.
QANNOT RE SUBMIT UNTIL THE FIN,'\L REVIEW PROCESS IS COMPLETE.
July 23, 2004
Angelo Pulio
4351 Bonita Beach Rd
Bonita Springs FL 34108
'I!
...
Permit # 2004070504
Plans submi,Ued with the referenced permit have been reviewed. We are unable to approve your permit application for
the reason(s) indicated below.
Submit four (4)'sets of revised sheets along with four (4) letters of response addressing each item. All corrections
must be clouded. Submit all corrections in one package.
PLEASE NOTE:
The Collier County Building Review and Permitting Department routinely reviews all outstanding permit
applications in order to determine their status. The review process includes appropriate responses from the permit
applicant when the permit cannot be approved. When the applicant is advised of deficiencies and does not
respond within six (6) months with corrected plans or an appeal to the Code Enforcement Board, the permit
application will be canceled Collier County Ordinance 2002-01, Section, 104. 5.1.1 to 104.5.1.4.
Structural Codes - Lynn Atkinson, (239) 403-2426
1. Design professi onal shall provide" Protection of opening" information in accordance with FBe 2001
Section 1606.1.4. It shall include but not be limited to type of protection and manufacture's or job specific
engineering. Please provide product approval information for all windows, doors, and garage doors. All
approvals shall be by a certified testing agency, a test report from an approved laboratory, or an evaluation
report from an approved evaluation entity of Florida licensed P .E. or R.A., or by the Florida Building
Commission. All product information shall show fastening details in accordance with the manufactures
specifications. Plans refer to exterior windows please provide location on plans and all information
listed above.
2. Sheet G-I00 refers to 2 story building, GIOl under general information refers to actual height as 1 story plans
also show stairs where do stairs lead. Please clarify
3. Please provide information on existing footer. MEP 100 refers to structural plan for existing footer, detail not
found.
4. Please provide large-scale vertical wall section to include attachments to slab and ceiling.
5. Egress shall be in accordance with the FBC 2001 Chapter 10 Section 1019,1-1019.1.2
6. Design professional shall submit project data. It shall include but not be limited to
8.) T~0 @If. 88"RSWH8tiI2lR.
s) I^QC T8.sl€ SQg Ma egg 8MB.
c) Occupancy classification
d) Occupancy load
7. Please provide Exit lighting and signs shall be placed in accordance with FBC 2001 Sect. 1016 with
locations clearly indicated on floor or reflected ceiling plan.
8. Review will be considered incomplete pending receipt of additional information.
.1
Agenda Item f'>lb. 7 A
April 25,12006
Page 72 qf 101
I
Plumbing I HC Codes.- Dick Schmidt, (239) 659.5716
, 1. The Men's & Women's handicap stall doors cannot swing into the clear floor space.
2. Please provide verification of an existing vent thru the roof.
3. One urinal in the men's toilet room has to comply with ADA.
Planning Services - John Kelly, (239) 659-5719
Req SDP90-045 from Records 7/07
Utilities Review - Wes Hill, (239) 213-2905
Submit Grease Trap Calculations provide cross section of trap and show location & size signed & sealed by FL
P.E.
NOTE:
If the above items are:
A, Left as is - They are comments that need further attention.
. Strikethnl- Theyhave been completed and approved.
. Underlined - They have been added after further review.
If you need additional information, please contact the appropriate plan reviewer or
Plans Coordinators, Janet Hasso (239) 403-2474 or Martha VeDos @(239) 659-5711
cc: file
"
Response letter for items listed on rejection letter dated July 23, 2004 for permit #
2004070504.
STRUCTURAL:
I) Met with Lynn A. on 7/28/04 he crossed this out because no openings to be
protected.
2) See attached sheet on location and use.
3) Needed size offooter detail is from original set of plans, see attached.
4) See attached interior wall section.
5) Met with Lynn A. 7/28/04, this item has been taken care of.
6) These items are on original plan, went over this with Lynn A. on 7/28/04.
7) See attached for exit sign by restroom area and exsisting exit sign by entrance.
PLUMBING:
1) See attached for correction.
2) Met willi Wes Ashley and reviewed plan and found detail.
3) See attached for corrections.
UTILITlES:
1) Not a new restaurant being built, adding bathrooms only and waiting bar.
I
Agenda Item NO.7 A
April 25, ~006
Page 73 of 101
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Apnl25,2006
Page 76 of 101
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April 25, 2006
Page 77 of 101
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Agenda Item NO.'7A
~ April 25, 2006
Page 78 of 101
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Agenda Item \ . 7 A
April 25~006
Page 79 qf 101
\
Letter of Transm~ttal
AU Cha.nges must be "Clouded" on the Dta.w!ngs
PERMIT#:?OO '-I ~Ol OSOLf
DA.TE:
GENER_AJ... COr,..'IRA..CTOR:
ADDRESS: L/.?.S"I
PROJECT NAME:
SD3DIVISIDN:
ENGlJ'!EER OR ARCHITECTIJP~U FIPJIi:
o 'k.
./) t') n,
t:JJZ{)'S
,"-
PHONE: 992 - ~. rs-
AlJDRESS:
ADDmONAL COST OF CDNST'R.UCTIDN ...
/l. ~
L ,.-."'...n;/'i ~/..A~"f::.r);,;
:PHOl\1E #:
~ =-!Q ~
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x~s: NO:~
S1RUCTIJP-AJ...:
FFJ:. PREVENTION:
JSC3NIC.Al.:
.ADD INSPECTIOJ\'8 P.E.Q'lJIT'XD:
PLUM:BD'1G:
A?e~~vr~~ OS~
g () ..C'..Lo.A- ca.po.c " f;j
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s:
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rmr U!l:TRlCT ICIRCU O~!IG)
NORTH N..L...PLES EAST NJW'LEE'
REVIeW;
APPRO"i'T;D 1:Y:
A.PPli,O';.'ED BY:
DAY!:.:
D.A.TE:
APPROVED BY:
Dp._TE.~
J...PPRO"iTED Ity:
llkTE:
DA.'I:E:
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APPIWYED BY:
TJ it T:::.:
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.AEPRO ,)ED ny:
l11:-'Z:C,
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!iiA.ROO lI.BA.ND GOLDEN GA__TI:
IMJl-fOK....i..LE::
:"ITTLE EJCKORY/IIONITA SBOP..E,S BIG C'I.c'PRESS
TGTAL; ~-
Agenda Item NO.7 A
April 25,2006
Page 80 o~ 101
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
PERMIT APPLICATION
PERMIT #: 2004070504
ISSUED:
MASTER #: 2004070504 COA #:
JOB ."DDRESS: 051 BONITA BEACH RD
JOB DESCRIPTION: INT BOILD OOT. ADD BATHROOMS
PERMIT TYPE: BC3
APPLIED DATE: 07-06-04
V1U.ID #: 504
APPROVAL DATE:
JOB PHONE:
SVBDIVISION #: 208 - 30nita Shores Unit 1 B:'OCK: 2
FLOOD MAP: 0179 ZONE: AE-ll ELEVATION:
FOLIO #: 0000024471480002 SECTION-TOWNSHIP-RANGE 5 48 25
LOT: 1
OWNER INFORMA7ION:
P:JLEIO TR. ANGELO
PULEILO TR. LAURr,
UTD 11/13 /96
NAPLES, FL54RO 30100000
CONTRACTOR INFORMATION:
CERTI FICATE t:
PHONE:
FCC CODE: . 999 - EXPRESS/NON-RESIDENTIAL OTHER
CONS:"RUCTION CODE: 1 0 / OTHER
JOB VALVE: 15.000.00 TOTAL SQFT: 700
SETBACKS FRONT:
SEWER:
REAR:
SEPTIC
LEFT:
WATER:
~
WELL
CONTACT NAME: CHET
CONTACT PHONE: 1239) 289-2807
Per Collier CoWlty Ordinance No. 2002-01, as it may be amended, all work must comply with all applicable laws, codes, ordinances, and any additions!
stipulations or conditions ofthis permit This permit expires if work authorized by the permit is not commenced within six (6) months from the date of
issuance of the permit Additional fees for failing to obtain permits prior to the commencement of construction may be imposed Permittee(s) further
understands that any contractor that may be employed must be a licensed contractor and that the structure must not be used or occupied WltiI a CertifiC<lte of
Occupancy is issued.
NOTICE: PRIOR TO THE REMOVAL OF ASBESTOS PRODUCTS OR THE DEMOLITION OF A STRUCTURE, FEDERAL
A."ID STATE LAWS REQUIRE THE PERMITfEE (EITHER THE OWNER OR CONTRACfOR) TO SUBMIT A NOTICE OF
THE INTENDED WORK TO THE STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEp). FOR MORE
INFORMATION, CONTACT DEP AT (239) 33:z...6975.
In addition to the conditions of this permit, there may be additional restrictions applicable to th~ property that may be found in
the public records oftbis county, and there may be additional permits required from other governmental entities such as water'
management districts, state agencies, or federal agencies.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF
COM:MENCEMENT MAY RESULT IN YOUR PA YING TWICE FOR IMPROVEMENTS TO
YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR
LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF
COMMENCEMENT .
CDPR2020
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Agenda item NO.7 A
, ? /J 12 April 25, 2006
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RECEIVED
MAR 0 8 7006
ZONING DEPARTMENT
;17- 3 Cf{'3
Agenda Item NO.7 A
April 25, 2006
Page 91 of 101
March I, 2006
Cul1itT Counly Governmenl
Department of Zoning and Land Development Review
21.;00 North IIorseshoe Drive
Napll;:s, Florida 34104
Rd': Pdilion: V A-2005-AR-8857 Enzo's Pizzt:ria
To Whlml It May Concern:
My wilt; anJ I woulJ like lo t:xprt:bS our o~jt:Clion lo the abovt: rdi:renct:u variance
request. Set back requirements were instituted for a reason and this request constitutes a
major cl1cToai.:hmenl on Lhose n.:siric.:lions. The soulhl.:m boundary of lhc commcn.:ial
business on the south side of Bonita Beach Road between West and Vanderbilt Drive all
boru<:r a "working da,:;s" tei:;iJenlial community. II' a varianc.e is grankJ in lhis CaBe,
how couid similar requests be denied?
\Vr:: re4uesl you lreallhis varianl.:r:: pdilion the way ii would br:: In::aled if ihis busint:ss
bordered an "up scale" gated community.
Thcn.:[orc n.:jcd this n.:qucsL
Robert C El1iotl
Patricia A Eliiott
~6 1st Street
Bonita Springs. Florida 34134
239495 3046
RECEIVED
MAR 0 8 2006
ZONING DEPARTMENT
F........,..........'..'......'.'..'.
..:,;t;.""
.<",: ......
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';;-:'-':'-'
Woodward, Pires & Lombardo P.A.
c/o Carlo F. Zampogna
3200 Tamiami Trail N.
Suite 200
Naples, Florida 34103
Re: Prooosed Variance
Enzo's Pizzeria- 4351 Bonita Beach Road
Agenda Item No.7 A
April 25, 2006
Page 92 of 101
By signing this letter I hereby state that I have no objection to the proposed variance.
Signa~ ,~~
Printed e: ~~~ kW\.A-Cl::..s
Date:_l - d l{ - 0 lp
Signature:
Printed Name:
Date:
--
Agenda Item NO.7 A
April 25, 2006
Page 93 of 101
Woodward, Pires & Lombardo P.A.
clo Carlo F. Zampogna
3200 Tamiami Trail N.
Suite 200
Naples, Florida 34103
Re: ProDosed VarlaDce
Enzo's PiZzeria- 4351 Bonita Beach Road
By signing this ~ state thatI ~ve no objection to the proposed variBO
Signature: ~~
Printed Name: ~.t\N.~ ~,,~.
Date: ~ - 2-- 1 - t!? G, Date: /~.:l / -t?6
Agenda Item No.7 A
April 25, 2006
Page 94 of 101
Woodward, Pires & Lombardo P.A.
clo Carlo F. Zampogna
3200 Tamiami Trail N.
Suite 200
Naples, Florida 34103
Re: Proposed Variance
Enzo's Pizzeria- 4351 Bonita Beach Road
By signing this letter I hereby state that I have no objection to the proposed variance.
Signature: lJ. f Signature:
e.l,t V'.t.( If. f1t~A<"t Printed Name:
Date: 9-1 ~I () 6 Date:
T' R. ~ k e l../Ce (L f(2 ; J'f')' I r '-C-
\.
".., '~d, Pires & Lombardo P.A.
. ".' 10 F. Zampogna
^..',''"<Tamiami Trail N.
1:': "'''te 200
;~";,"'~aples, Florida 34103
...t:('.,..
Re: ProDosed Variance
Enzo's Pizzeria- 4351 Bonita Beach Road
Agenda Item NO.7 A
April 25, 2006
Page 95 of 101
By signing this letter I hereby state that I have no objection to the proposed variance.
Signatme: e..^,-~~ C~
\
Printed Name: C' ~~ ~ I.. , LI.r-d. -t..^-.
Date:
1 - <.. \. -0 b
"
Signature:~ d.. -~.
r
Printed Name: b 0.. ~ f"'r\. ~!"\ Q..~,t<'""l.
Date: I - ~,- O~
A LEGAL PROFESSIONAL ASSOCIATION
Agenda Item NO.7 A
April 25, 2006
850 P S Paae 96 of 101
ARK HORE lJpj\fE
TRIANON CENTRE - THIRD FLOOR
NAPLES, FL 34103
239.649.2714 DIRECT
239.649.6200 MAIN
239.261.3659 FAX
rpritt@ralaw.com
I_&)ANDRESS II
March 9, 2006
Heidi K. Williams, Principal Planner
Department of Zoning and Land Development Review
Collier County
2800 N. Horseshoe Drive
Naples, Florida 34104
via e-mail
Re: Petition V A-2005-AR-8857
Enzo's Pizzeria and Italian Restaurant Variance
Dear Ms. Williams:
This firm represents SUMA Holdings LLC, owner of Gulf Skies Centre Commercial condominium unit
#116 located at 4365 Bonita Beach Road, immediately to the west of the Enzo's Pizzeria property that is
the subject of the variance petition.
On behalf of our clients, we would like to interpose an objection to the granting of this after-the-fact
variance. I intend to appear at the hearing on behalf of and with my clients and respectfully request
sufficient time on the agenda to explain the objections.
While I do appreciate your prompt return of my telephone call and your candor concerning this request, I
would urge the Planning Commission to determine and recommend that the variance criteria are not met
for several reasons. The following will track the variance criteria as outlined in the staff report:
1. We agree with your conclusion that there are no special conditions relating to the land.
The owner has simply increased the size of the building at the expense of the setback
against the building next door, got caught, and now wishes to leave no setback at all on
the west side and a reduced setback on the south side.
2. We agree with your conclusion that there are no special conditions relating to the
property. This property is a simple rectangle at the intersection of two streets and the
business is growing out of the space available for it.
3. We do not agree that obtaining a demolition permit and removing an unlawful structure
constitutes an unnecessary and undue hardship. Any practical difficulties that are created
are the doing of the applicant and not the government. The applicant did proceed at its
own risk and when that is done there is no lawful basis upon which to claim any right or
entitlement.
4. We disagree with the conclusion that the variance is the minimum variance that will
make possible the reasonable use of the land, building or structure. The only reason the
building is being expanded is to accommodate an increase in size of the restaurant,
CLEVELAND TOLEDO AKRON COLUMBUS CINCINNATI WASHINGTON, D.C. TAllAHASSEE ORlAKDO FORTMYERS NAPLES
www.ralaw.com
Agenda Item NO.7 A
April 25, 2006
Page 97 of 101
Heidi K. Williams, Principal Planner
Department of Zoning and Land Development Review
March 9, 2006
Page 2
apparently to add space for a bar. This hardly constitutes a basis for granting a variance.
5. We agree with you that this variance does grant a special privilege to Enzo's. However,
we do not believe that the granting of a previous variance creates a justification for
granting this variance.
6. We do not think that the variance will be in harmony with the general intent and purpose
of the land development code and believe that it is directly contrary to principles of local
zoning. We think that it is injurious to the immediately neighborhood in that it narrows
the distance between the building immediately to the west. If the building to the west
were to ask for a similar variance for no better reasons than are being proposed here, the
Planning Commission and the Board would be faced with a dilemma of not having an
appropriate space between the buildings. We submit that this exacerbates the problem.
7. We believe that there are no natural or physically induced conditions that ameliorate the
goals and objectives of the regulation. The conditions cited are that the property to the
west is already developed with commercial uses and the applicant has provided adequate
separation between buildings. As stated above, the building to the west should not have
to be made to be diminished in present or future developability because of an increase in
size (illegal) of the pizzeria. A cursory view of the pizzeria property makes it very clear
that there is simply "too much, on too little" space.
8. We agree that the impacts with neighboring residents would be greater than what they
experienced prior to construction of the addition. We believe that the upgraded restroom
facility claim is a "red herring" in that expansion is really to accommodate a profit center,
i.e., a 6aJt 6eJWi.ce facility
9. (L ~ ~ tUJtfUng. in tfae cuudtj6~ ~ tfae pcvrAin.g. f.o4 tfae 'le6Uuvtant curd tfae
apparent lack of handicap parking, we are asking that a review be done of the parking
spaces in relation to the expansion of the restaurant. It is inevitable that the increased
size restaurant will be parking cars on our client's property.
There may be other concerns that have not been articulated herein but suffice it to say that this is not the
case in which the Planning Commission or the Board of Zoning Appeals should abandon its long-standing
careful scrutiny of after-the-fact variance applications. Please include a copy of this letter in the Planning
Commission's packet. Again, thank you for your and courtesy in responding to my inquiries.
Very truly yours,
sl ~ !D. fJ'tUIt
Robert D. Pritt
Board Certified City, County &
Local Government Lawyer
494003 01 0590 0590
RESOLUTION 2006- _
A RESOLUTION OF THE BOARD OF ZONING APPEALS
OF COLLIER COUNTY RELATING TO PEmION
NUMBER V A-2005-AR-8857, FOR AN lI.66-FOOT
V ARIANCE FROM THE REQUIRED 25-FOOT SIDE YARD
SETBACK TO PERMIT A 13.34-FOOT SIDE YARD AND A
14.99-FOOT VARIANCE FROM THE REQUIRED IS-FOOT
SIDE YARD SETBACK TO PERMIT A O.O]-FOOT SIDE
YARD ON PROPERTY LOCATED AT 4351 BONITA
BEACH ROAD.
WHEREAS, the Legislature of the State of Florida in Chapter ]25, 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. 2004-4], as amended) which establishes regulations for the zoning of
particular geographic divisions of the County, among which is the granting of variances; and
WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of
the area hereby affected, has held a public hearing after notice as in said regulations made and
provided, and has considered the advisability of an Il.66-foot variance from the required side
yard setback of 25 feet to 13.34 feet and a 14.99-foot variance from the required side yard
setback of 15 feet to 0.01 feet as shoml on the attached plot plan, Exhibit "A", in the General
Commercial (C-4) zoning district for the property hereinafter described, and has found as a
matter of fact that satisfactory provision and arrangement have been made concerning all
applicable matters required by said regulations and in accordance with Section 9.04.00 of the
Zoning Regulations of said Land Development Code for the unincorporated area of Collier
County; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Board in public meeting assembled, and the Board having considered all matters presented.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA that
The Petition V A-2005-AR-8857 filed by Carlo F. Zampagno of Woodward, Pires &
Lombardo, PA, representing Laura and Angelo Puleio and Enzo's Pizzeria and Italian
Restaurant, with respect to the property hereinafter described as:
Lots 1 and 2, Block 2, BONITA SHORES, Unit 1, a subdivision according to
the map or plat thereon on file and recorded in the office of the Clerk of the
Circuit Court of Collier County, Florida, in Plat Book 3, Page 1.
be and the same hereby is approved for an II.66-foot variance from the required side yard
setback of25 feet to 13.34 feet and a 14.99-foot variance from the required side yard setback
of 15 feet to 0.01 feet as shOml on the attached plot plan, Exhibit "A", of the Zoning District
Page 1 of2
Agenda Item NO.7 A
April 25, 2006
Page 98 of 101
wherein said property is located, subject to the conditions contained in Exhibit "B", which is
attached and incorporated by reference herein.
BE IT FURTHER RESOLVED that this Resolution relating to Petition Number V A-
2005-AR-8857 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vote, this
day of
,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
, Deputy Clerk
Frank. Halas, Chairman
Page 2 of2
Agenda Item NO.7 A
April 25, 2006
Page 99 of 101
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Agenda Item NO.7 A
April 2:'), 2006
Page 100 of 101
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EXHIBIT "A"
Agenda Item NO.7 A
April 25, 2006
Page 101 of 101
CONDITIONS OF APPRO V AL
V A-2005-AR-8857
EXHIBIT "B"
1. The variance is limited to allow only the new addition and the previously approved
encroachments that encroach into the required side yard on the south and west sides
of the property as depicted on the applicant's boundary survey, to remain in place~
2. A Site Development Plan Amendment will be completed depicting existing
conditions;
3. No further encroachments shall be permitted; and
4. The vegetation along the southern property line that was damaged by recent tropical
storm events will be replaced.
Agenda Item No. SA
April 25, 2006
Page 1 of 111
EXECUTIVE SUMMARY
--
Recommendation to consider Adoption of an Ordinance Establishing the Copper Cove
Community Development District (CDD) pursuant to Section 190.005, Florida Statutes.
OBJECTIVE:
The objective of this public hearing is for the Board to review and consider a petition for the
establishment of the Copper Cove CDD by adoption of an ordinance.
BACKGROUND:
Copper Cove Preserve Planned Unit Development (PUD), previously known as Champion Lakes
RV Resort PUD, was approved by the Board of County Commissioners at their meeting of
February 22, 2005, by Ordinance No. 2005-12. The previously approved PUD use of
Recreational Vehicle units was abandoned and replaced with conventional mixed-use residential
type dwellings, for a total of 300 dwelling units at a density of 2.96 per acre.
CONSIDERA TIONS:
-
Note that this item is being brought back for consideration from the April 11, 2006 Board
of County Commissioners meeting. Staff is waiting for additional information from the
petitioner that will address the specific issues raised by the Board at the April 11 meeting.
If received prior to the meeting, the information is will be distributed to the Commissioners
for their review. However, if the information is not forthcoming before the meeting, the
petitioner will provide a verbal presentation at the April 25, 2006 meeting.
On January 13, 2006, Colonial Homes, Inc., of which the managing member is Alan S. Farrior
by and through its undersigned attorney, jointly filed a petition with the Comprehensive Planning
Department of Community Development and Environmental Services Division, for the
establishment of the Copper Cove Community Development District. A mandatory $15,000
application fee was submitted with the petition.
The proposed District is located entirely within Collier County, Florida and covers 1 01.56::!: acres
of land. The site is located in Sections II & 14, To'Vvnship 51 South, Range 26 East. The
proposed District is bounded on the South and East by Fiddler's Creek, on the West by Pelican
Lakes RV and Silver Lakes RV Resorts, and on the North by Quail Roost Development. A map
showing the location of the land area to be serviced by the District, as well as a metes and
bounds description of the proposed CDD, appears as Exhibits "I & 2" to the petition. The
landowner's consent to the establishment of the proposed CDD appears as Exhibit "3" of the
petition.
-
The CDD is comprised of approximately 10 1.56:f: acres of the previously approved Planned Unit
Development (PUD) known as "Copper Cove Preserve." The proposed CDD includes, is
approved for and is requesting a total of295 residential dwelling units.
Agenda Item No. SA
April 25, 2006
Page 2 of 111
By adopting the ordinance and granting the petition, the Board of County Commissioners would
authorize the District, through its Board of Supervisors, to manage and finance certain basic
infrastructure for the benefit of the landowners and residents of the Copper Cove Development.
This infrastructure, under section 190.012(1), Florida Statutes, includes basic urban systems,
facilities and services, including water supply, sewers and wastewater management, surface
water control and management (drainage), roads, bridges and street lights. If adopted, this
ordinance would not constitute consent by the County to the exercise of certain additional
special powers authorized by Section 190.0] 2(2), Florida Statutes, These powers may include
the operation of parks and facilities for indoor and outdoor recreational, cultural, and educational
uses, as well as security, including, but not limited to, guard-houses, fences and gates, electronic
intrusion-detection systems, and patrol cars, with certain exceptions. In order to gain these
additional powers, the newly created District Board would need to further petition the Board of
County Commissioners at a later date.
The District Board of Supervisors is initially elected for the first six years of the duration of this
district in a property-based election (one-acre, one-vote), which has been specifically ruled
constitutional (State of Florida v. Frontier Acres Community Development Dist., 472 So. 2d 455
(Fla. ] 985)). By operation of law, in time, the Supervisors are elected on a one-person, one-vote
basis.
In order to provide the basic systems, facilities and services, the District has certain management
and financing powers. It may only exercise those powers, however, if they comply with certain
strict and detailed procedural requirements including ethics in government disclosure, conflict of
interest requirements, noticed meetings, government-in-the-sunshine conduct, accounting and
reporting requirements to various local and state agencies, consultants' competitive negotiation
procedures, competitive bidding procedures and others.
The adoption of the CDD ordinance does not constitute a form of development approval.
Adoption of the CDD and compliance with these many procedural requirements does not,
in any way, allow the District to manage and finance any of these services and facilities
without showing that all legitimate policies, constraints, authorities, controls, permits or
conditions on the development of the land, whether local, regional, state or federal in
nature, and whether in the form of policies, laws, rules, regulations or ordinances, have
been complied with concerning development of the proper!)'. In essence, adoption of the
CDD ordinance does not exempt the petitioner from compliance with any applicable local,
regional, state or federal permitting or regulatory processes. In this sense, the Community
Development District is merely a mechanism to assure the County and the landowners of
the district that the provision of infrastructure and services for the PUD is managed and
financed in an efficient and economical way. Finally, in order to prevent potential abuses
of districts by landowners or by other local governments, the Legislature has provided that
the charter of the District, in the general statute itself, may be amended only by the
Legislature.
.-
In order to provide these systems, facilities and services, the District also is given certain
eminent domain powers within tight constraints as well as the authority to require service
charges, fees or taxes for the various services rendered. ranging from installation of capital
facilities to long-term maintenance and repair. Without the County's consent, by resolution, the
aforementioned eminent domain power is limited to the boundaries of the District.
2
Aqenda Item No. SA
- April 25, 2006
Page 3 of 111
The District may also issue revenue and other user bonds as well as general obligation bonds.
However, no general obligation bonds can be issued without a referendum and without showing
that the bond will not exceed 35 percent of the assessed valuation of the property within the
District. Even with these safeguards and constraints, during the first six years of the District's
existence, the board of supervisors shall not issue general obligation bonds unless the board first
holds elections on a one-person, one-vote basis for a new board of supervisors.
Accordingly, if ColIier County adopts the ordinance, then it establishes the Copper Cove
Community Development District as a management tool to benefit both Collier County's existing
and future landowners with pinpointed responsibility for timely, efficient, reliable and flexible
service provision without burdening the existing taxpayers and financial structure of Collier
County. In addition, the District is also a financing tool off the balance sheet of the County and
the developer. It will provide long-range and sustained quality service to initial and subsequent
landowners without burdening Collier County and its taxpayers.
Finally, such a District may not outlive its practical utility and usefulness. If it ceases to
function, it will automatically be disbanded by state law. If at any time during its existence
Collier County determines by a non-emergency ordinance that it can provide anyone of the
district services in a more economical manner, over the long term, at 100ver cost but with higher
quality, Collier County may then take that service away from the District and provide the service
itself.
Section 190.005, Florida Statutes provides that the exclusive and uniform method for
establishment of a COD of less than 1,000 acres shall be by county ordinance. Section 190,005,
Florida Statutes outlines the specific content required in the petition and further outlines six (6)
factors for the Board of County Commissioners to consider in determining whether to grant or
deny a petition for the establishment of a COD as follows:
I. Whether all statements contained within the petition have been found to be true
and correct.
2, Whether the creation of the District is inconsistent with any applicable element or
portion of the state comprehensive plan or of the effective local government
comprehensive plan.
3, Whether the area of land within the proposed district is of sufficient size. is
sufficiently compact, and is sufficiently contiguous to be developable as one
functional intenelated community.
4. Whether the district is the best alternative available for delivering community
development services and facilities to the area that will be served by the District.
5. Whether the community development services and facilities of the District will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. Whether the area that will be served by the District is amenable to separate
special-district government.
-,
County legal, planning, transportation and public works staffs have reviewed the petition and
exhibits submitted by the petitioners (attached) relative to these six factors and have found the
3
Agenda Item No. SA
April 25, 2006
Page 4 of 111
proposed Copper Cove COD petition to be compliant with each of the six review factors. Staff
analysis relative to the six factors can be found in Attachment 2.
FISCAL IMP ACT:
As previously noted, a $15,000 filing fee was submitted with the petition. Exhibit "7" of the
petition, "Copper Cove Community Development District Proposed Timetable and Estimated
Costs of Construction", delineates the fiscal impacts and timing of impacts to be managed by the
District. It is noteworthy that the estimated internal infrastructure and services to be financed by
the CDD is $16,249,746, consisting of roadway and utilities construction, water management,
landscaping, lighting, signage, environmental mitigation and contingency costs. Utilities will
eventually be turned over to Collier County.
DISTRICT RESPONSIBILITIES:
According to the petition, the Copper Cove Community Development District, if the ordinance is
adopted, will assume responsibility for the following:
(1) General development of the approved uses within the District;
(2) Roadways;
(3) Street Lights, landscaping and signage;
(4) Stormwater Management;
(5) Water & Sewer Utilities;
(6) Environmental Mitigation; and
(7) Other matters related to the above tasks.
In keeping with past instructions by the Board, staff has included the following special
commitments to the Ordinance:
"SECTION SEVEN: PETITIONER'S COMMITMENTS
The adoption of this Ordinance is predicated upon the material inducements contained in the
foregoing Recital setting forth Petitioner's Commitments, are-stated as follows: that the
Petitioner, its successors and assigns, shall (1) elect one resident of the District to the five
member Board of Supervisors at such time as residents begin occupying homes in the District,
and (2) record a Notice of Assessments containing the specific terms and conditions of any
special assessments imposed to secure bonds issued by the District, which notice shall be
recorded immediately after any such bond issuance. The Board shall retain any and all rights
and remedies available at law and in equity to enforce Petitioner's Commitments against
Petitioner, its successors and assigns."
GROWTH MANAGEMENT IMPACT:
The 10 1.56i: acres of the Copper Cove COD are designated Urban - Mixed Use District,
Urban Coastal Fringe Subdistrict, Coastal High Hazard Area on the Collier County Future
Land Use Map. Although the establishment of this district does not constitute any development
approval, the plan of development previously approved for the subject property has been
determined to be consistent with the Collier County Growth Management Plan (GMP).
Accordingly, any future petitions for rezone or development permits will be subsequently
4
Agenda Item No. SA
April 25, 2006
Page 5 of 111
reviewed at the time of submittal, and will be subject to the requirements and limitations
specified in the Collier County Land Development Code (LDC), and will be required to be
consistent with the GMP in effect at that time.
LEGAL CONSIDERATIONS:
"If adopted by the Board of County Commissioners, the subject Ordinance would establish a
Community Development District (CDD) and a District Board of Supervisors. The purpose of
establishing a COD, as per Chapter 190, Florida Statutes, is to establish an independent special
district as an alternative method to manage and finance basic services for community
development." The primary purpose of a COD is to provide a long-term financing mechanism
for the subject development through:
1. Assessments
2. Ad Valorem Taxation
3. Issuance of Bonds
Creation of a CDD provides assurance that the capital infrastructure improvements necessary in
the District are funded by bond investors and subsequent purchasers of the parcels in the District.
The proposed COD will be receiving sanitary sewer, potable water, and solid waste removal
services from the Collier County Utilities Division and will have to enter into one or more
interlocal agreements with Collier County, for such purposes.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners adopt and enact the proposed
ordinance establishing the Copper Cove Community Development District.
Prepared by: Marcia R. Kendall. Planner,
Comprehensive Planning Depmiment
.'-'"
5
Item Number:
Item Summary:
Meeting Date:
.t\genda Item r..Jo. 8A
April 25, 2006
Page 6 of 111
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8A
This item continued from the April 11, 2006 BCC Meeting. Recommendation to consider
Adoption of an Ordinance Establishing the Copper Cove Community Development District
(COD) pursuant to Section 190.005, Florida Statutes.
4125/2006 9:0000 AM
Prepared By
Marcia Kendall
Community Development &
Environmental Services
Planner
Date
Comprehensive Planning
3/24/20068:28:58 AM
Approved By
Donald L. Scott
Transportation Services
Transportation Planning Director
Date
Transportation Planning
3/24/2006 1 :42 PM
Approved By
Randal! J. Cohen
Community Development &
Environmental Services
Commuinty Planning and
Redevelopment Manager
Date
Comprehensive Planning
3/27/2006 8:06 AM
Approved By
Constance A. Johnson
Community Development &
Environrnentaf Services
Operations Analyst
Date
Community Development &
Environmental Services Admin.
3/28/2006 1 :31 PM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
3/28/20063:15 PM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attornc}!
Date
County Attorney Office
3/28/20064:42 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmenta! Services
Community D€!velopment &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
3/29/20068:47 AM
Approved By
Leo E. Ochs. Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/19/2006 12:25 PM
Agenda Item No. 8A
April 25, 2006
Page 7 of 111
ORDlNANCE2006-_ .J
AN ORDINANCE OF THE nOARD OF COUNTY
COI'vlMISSIONERS OF COLLIER COUNTY. fLORIDA.
ESTABLISHING COPPER COVE COMMUNITY
DEVELOPMI5:NT DISTRICT; DESCRIBING THE
EXTlmNAL llOUNDAIUES OF THE DISTRICT; NAM1NG
THE INITIAL MEMBERS OF THE DISTRICT'S BOARD
OF SUPERVISORS; NA!\UNG THE I>ISTRICT;
PROVIDING STATUTORY PROVISIONS GOVERNING
nm DISTRICT; PROVUHNG FOR CONSENT TO
SPECIAL flOWERS; PROVIDING FOR CONFLICT AND
SEVERABILITY: PROVIDING FOR INCLUSION IN THE
CODE OF LA WS AND ORDINANCES: AND PROVIIHNG
AN EFFECTIVE DATE.
Recitals
WHEREAS, Colonial Homes, Inc., has petitioned the Board of County Commissioners
(Board) of Collier County, Florida, a political subdivision of the State of Florida, to establish the
COPPER COVE COMMUNITY DEVELOPMENT DISTRICT (District); and
WHEREAS, the Board, after proper published notice, has conducted a public hearing on
the petition and determined the following with respect to the factors to be considered in Section
190.005( l)ee) Florida Statutes, as required by Section] 90.005(2)(c), Florida Statutes:
L All statements contained within the petition are true and correct.
2. Establishment of the proposed District is not inconsistent with any applicable element or
portion of the local comprehensive plan of Collier County, known as the Collier County
Growth Management Plan, or the State Comprehensive Plan.
3. The area of land within the proposed District is of sufficient size, is sufficiently compact,
and is sufficiently contiguous to be devclopable as one functional interrelated
commumty.
4. The District is the best alternative available for delivering community development
services and facilities to the area that will be serviced hy the District.
5. The community development services and facilities of the District will not be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. The area that will be served by the District is amenable to separate special-district
government: and
WHEREAS, Petitioner has committed to the Board that the Petitioner, its successors and
assigns, shall (l) elect one resident of the District to the five member Board of Supervisors at
such time as residents begin occupying homes ill the District. and (2) record a NOlice of
Assessments containing the specific terms and conditions of any special assessments imposed Lo
secure bonds issued by the District, which notice shall be recorded immediately after any such
bond issuance (these commitments shaH hereinafter be collectively referred to as "Petitioner's
Commitments"); and
WHEREAS, it is the policy of this State, as provided for in Section 190.002(2)(c),
Florida Statutes, that the exercise by any independent district of its powers as set forth by
uniform general law comply with all applicable governmental laws, rules, regulations, and
policies governing planning and permitting of the development to be serviced by the district, to
Page I of 4
Agenda Item No. 8A
April 25, 2006
Page 8 of 111
ensure that neither the establishment nor operation of such district is> a development order under
Chapter 380, Florida Statutes, and that the district so established does not have any zoning or
permitting powers governing development: and
WHEREAS, Section 190.004(3), Florida Statutes, provides that all governmental
planning, environmental, and land development laws, regulations, and ordinances apply to all
development of the land within a community development district. Community development
districts do not have the power of a local government to adopt a comprehensive plan, building
code, or land development code, as those terms are defined in the Local Government
Comprehensive Planning and Land Development Regulation Act. A district shall take no action
which is inconsistent with applicable comprehensive plans, ordinances, or regulations of the
applicable local general.purpose government: and
WHEREAS, pursuant to Section 190.012, Florida Statutes. upon the establishment of the
proposed community development district, the District Board of Supervisors will have the right
to seck consent from Collier County for the grant of authority to ex.ercise special powers without
question as to the continued right authority and power to exercise its limited powers as
established by this Ordinance.
NOW, THEREFORE. BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUKTY, FLORIDA that:
SECTION ONE:
AL'THORITY FOR ORDINANCE
This Ordinance is adopted pursuant to Section 190.005(2), Florida Statutes, and other
applicable provisions of law governing county ordinances.
SECTIOl'\ TWO: ESTABLISHMENT OF THE COPPER COVE COMMUNITY
DEVELOPMENT DISTRICT.
The Copper Cove Community Development District is hereby established within the
boundw-ies of the real property described in Exhibit "A" attached hereto and incorporated by
reference herein.
SECTION THREE: DESIGNATION OF INITIAL BOARD MEMBERS
The following five persons are herewith designated to be the initial members of the Board
of Supervisors:
1.
Amhony Persichilli
12631 West Links Drive. Ste. 7
Ft. Myers, Florida 33913
3.
Jean M. Webb
12631 West Links Drive, Ste. 7
Ft. Myers. Florida 33913
2.
Edwin F. Weidig III
12631 West Links Drive, Ste. 7
Ft. !\1vers. Florida 33913
4.
Kristine A. Turznik
12631 West Links Drive, Ste. 7
fl. Myers, Florida 33913
5. Anthony J. Burdett
12631 West Links Drive, Ste. 7
Ft. Myers. Florida 33913
Page 2 of 4
Agenda Item No. SA
April 25, 2006
Page 9 of 111
SECTION FOUR: DISTRICT NAME
The community development district herein established shall henceforth be known as the
"Copper Cove Community Development District."
SECTION FIVE:
ST A TUTORY PROVISIONS GOVERNING THE DISTRICT
The Copper Cove Community Development District shall be governed by the provisions
of Chapter 190, Florida Statutes, and all other applicable general and local law.
SECTION SIX:
CONSENT TO SPECIAL POWERS
Upon the effective date of this Ordinance, the Copper Cove Community Development
District will be duly and legally authorized to exist and exercise all of its general powers as
limited by law; and has the right to seek consent from the Collier County Board of County
Commissioners for the grant of authority to exercise special powers in accordance with Section
190.012(2), Florida Statutes, without question as to the district's continued right, authority and
power to exercise its general powers as established by this Ordinance. The District Board's
authority to exercise special powers may include the power to plan, establish, acquire, construct
or reconstruct, enlarge or extend, equip, operate, and maintain additional systems and facilities
for; (i) parks and facilities for indoor and outdoor recreational, cultural, and educational uses;
and (ii) security, including, but not limited to, guardhouses, fences and gates, electronic
intrusion-detection systems, and patrol cars, when authorized by proper governmental agencies;
except that the District may not ex.ercise any police power, but may contract with the appropriate
local general.purpose government agencies for an increased level of such services within the
District boundaries; all as authorized and described by Section 190.012(2), Florida Statutes.
SECTION SEVEN: PETITIONER'S COMMITMENTS
The adoption of this Ordinance is predicated upon the material inducements contained in
the foregoing Recital setting forth Petitioner's Commitments, re.stated as follows: that the
Petitioner. its successors and assigns, shall (1) eJect one resident of the District to the five
member Board of Supervisors at such time as residents begin occupying homes in the District,
and (2) record a Notice of Assessments containing the specific terms and conditions of any
special assessments imposed to secure bonds issued by the District, which notice shall be
recorded immediately after any such bond issuance. The Board shall retain any and all rights
and remedies available at Jaw and in equity to enforce Petitioner's Commitments against
Petitioner, its successors and assigns.
SECTION EIGHT: 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.
Page 3 of 4
,.c.,genda Item No. SA
April 25, 2006
Page 10 of 111
SECTION NINE: INCLUSION IN CODE OF LAWS AND ORDINANCES
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered
or relettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION TEN:
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 , 2006.
ATTEST:
D\\1.GHT E. BROCK, CLERK
BOARD OF COUl,TTY CO:MMISSIONERS
COLLlER COUt-.'TY, FLORIDA
By:
By:
. Deputy Clerk
Frank Halas, Chairman
Arl1roved <ie IU form _-
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Page 4 of 4
Agenda Item No. SA
April 25, 2006
Page 11 of 111
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Agenda Item No. SA
April 25, 2006
Page 12 of 111
PETITION FOR THE ESTABLISHMENT BY COllIER
COUNTY ORDINANCE OF A COMMUNITY
DEVELOPMENT DISTRICT ON PROPERTY PROPOSED
IN THE PETITION
COPPER COVE COMMUNITY DEVELOPMENT DISTRICT
TABLE OF CONTENTS
Letter of Transmittal
Petition for Establishment of the Copper Cove Community
Development District
Exhibit Number Description of Exhibit
1. Map showing the location of the land area proposed to be
serviced by the District.
2. Metes and Bounds Legal Description of the Proposed Copper Cove
Community Development District.
3. Written Consent to the Establishment of the District by the owners
of one hundred percent (100%) of the real property to be
included in the proposed.
4. Proposed timetable and the estimated related costs of
construction and provision of District systems, facilities and
services.
5. Map of the land area proposed for the District, showing current
major trunk water mains, sewer interceptors, utilities and outfalls.
6. A. Copy of the Urban Mixed Use Residential designation as set
forth in the text of the future Land use element of the Collier
County Comprehensive Plan (2005 Plan). B. Future Land Use
Map.
7. Statement of Estimated Regulatory Costs (SERe).
8. Discussion by qualified professionals of the six factors for the
establishment of the District on the proposed property. Two
Exhibits 8-A Planning Considerations and 8-B Engineering
Considerations.
9. Acknowledgement - Collier County Water Sewer District.
BOARD OF COUNTY COMMISSIONERS
COllIER COUNTY, FLORIDA
PROPOSED ORDINANCE PURSUANT TO SECTION 190.005(2), FLORIDA
STATUTES TO ESTABLISH ON PROPERTY PROPOSED IN THE PETITION OF
____..-IHECOPPER CQY_~_ CO~MUN.ITYQ.EVElOP~~NT D~STRI(~,__
PETITION FOR THE ESTABLISHMENT BY
COUNTY ORDINANCE OF A COMMUNITY
DEVELOPMENT DISTRICT ON PROPERTY
PROPOSED IN THE PETITION
Agenda Item No. SA
April 25, 2006
Page 13 of 111
PETITION FOR THE ESTABLISHMENT BY COUNTY ORDINArlCE OF A
COMMUNITY DEVELOP~,1ENT DISTRICT ON PROPERTY PROPOSED IN
THE PETITION
COPPER COVE COMMUNITY DEVELOPMENT DISTRICT
Petitioner, Colonial Homes, Inc. by and through its undersigned agent, petitions the
BOARD OF COUNTY COM~USSIONERS OF COLLIER COUNTY, FL8RIDA (the
"Commission"), to adopt an ordinance; establishing, on the proposed rroperty, and
recognizing, the community development district (the "District'), created end chartered
by Uniform General Law, the Uniform Community Development District A:t of Florida,
Chapter 190, F.S., (2005 and hereafter); acknowledging the uniform di;trict charter
expressed in Sections 190.006 through 190.041, Florida Statutes (F.S.); eSl.ablishing the
District (on the property proposed in this petition) and designating the ini :ial members
of the district Board of Supervisors; and, designating the proposed lane area within
which the District may manage and finance its basic infrastructure, syste ns, facilities,
services, improvements and projects. In support whereof Petitioner submit:,;
1. Petitioner, Colonial Homes, Inc. has its principal place of business at 2000
Interstate Park Drive, Suite 400, Montgomery, Alabama 361)4 and is a
Corporation and Alan S. Farrior is its President.
2. The land area to be serviced by the District is located wholly in
unincorporated Coll'er Cwnty. The proposed District is bounded on the
South and East by Fiddler's Creek, on the West by Pelican Li Ikes RV and
Silver Lakes RV Rewrts ond on the North by Quail Roost Dev, lopment. A
map showing the locatior' of the land area to be serviced by tle District is
attached as Exhibit I-A and an Aerial Map is attached as Exhibit 1.B.
3. A metes and bounds legal description of the proposed external t:Jundaries of
the District is attached as Exhibit 2. There is no real property within the
proposed boundaries of the District which is to be excludE d from the
jurisdiction of the District.
4. Attached as Exhibit 3 is documentation constituting written consent to the
establishment of the District by the owners of one hundred percent (100%)
of the real property to be included in the land area proposed to be serviced
by the District.
5. The five (5) persons designated to serve as the initial member IIf the Board
of Supervisors of the District, who are citizens of the United Stat es residents
of the State of Florida and who shall serve in that office until replaced by
elected members as provided in Section 190.006, F.S., are:
a. Anthony Perslchilli - 12631 West Links Drive, Suite 7, Ft. Myers,
Florida 33913
2
,Ll,genda Item r"-lo. SA
April 25, 2006
Page 14 of 111
PETITION FOR THE ESTABLISHMENT BY COUNTY ORDINAIKE OF A
COMMUNITY DEVELOpr."ENT DISTRICT ON PROPERTY PROllOSED IN
THE PETITION
COPPER COVE COM"'UNITY DEVELOPMENT DISTRICT
b. Edwin F. Weidig III - 12631 West Links Drive, Suite 7, Ft. Myers,
Florida 33913
c. Jean M. Webb - 12631 West Links Drive, Suite 7, Ft. I~yers, Florida
33913
d. Kristine A. Turznlk - 12631 West Links Drive, Suite 7, Ft. Myers,
Florida 33913
e. Anthony J. Burdett - 12631 West Links Drive, Suite 7, Ft. Myers,
Florida 33913
6. The proposed name of the District is the "Copper COVE Community
Development District."
7. A map of the land area proposed for the establishment by ordinance of the
state created and chartl~red District, showing current major trunk water
mains, sewer interceptors, utilities and outfalls, if any, is attact'ed as Exhibit
4.
8. The proposed timetable and the estimated related costs of comtruction and
provision of District systems, facilities and services (which are I:Ontemplated
by Petitioner to be proposed to the District Board of Super'isors, if the
District is established), and based upon available data which a-e subject to
change, is attached as Exhibit 5.
9. Collier County (the "County") has adopted all mandatory elements of its
Local Government Comprehensive Plan (the "Plan") in accordance with the
requirements of Chapter 163, F.S., and Collier County has completed its
revised plan for minimum criterion review pursuant to Chapter 9J-5, Florida
Administrative Code, by adoption of County Ordinance No. 05-25 (the "2005
Plan"), as amended. All current County Ordinances design;ote the legal
description of the land area proposed to be serviced by the Dist'ict as Urban
Mixed Use Residential. A copy of the entire Collier County Comprehensive
Plan, as amended, is within the possession of Collier County and its staff and
a copy of the Urban Mixed Use District Designation is attached as Exhibit 6-A
and the Future Land Use Map of the Plan is attached as Exhibit (-B.
10. A Statement of Estimated Regulatory Costs (the "SERe'') of the
Commission's grantng this Petition, and the estabiishment by County
Commission Ordinance on the property proposed in the petition of the state
uniform and exclusive created and chartered District pursuanl thereto, in
3
Agenda Item No. SA
April 25, 2006
Page 15 of 111
PETITION FOR THE ESTABLISHMENT BY COUNTY ORDINAIJCE OF A
COMMUNITY DEVELOP''''ENT DISTRICT ON PROPERTY PROI'OSED IN
THE PETITION
COPPER COVE COMMUNITY DEVELOPMENT DISTRICT
accordance and in compliance with Sections 190.005(1)(a)(8) and 120.541,
F .s., is attached as Exhibit 7.
11. Petitioner attaches, as Exhibit 8 to this Petition, discussion~ by qualified
professionals providing information for use by Collier County a ld its staff in
consideration of the six factors for the establishment of the [istrict on the
proposed property, and in support of the Commission granting this Petition,
and as additional materials in support of the statements in this Petition,
alleges (with the s'=quence discussed logically with factor No.4 considered
last):
a. The Petition hereby affirms that all of the statemerts contained
herein are true and correct, in compliance wth Sections
190.005(2)(a), F.5., 19D.005(1)(e)1., F.5. (See Exhibit 8',.
b. As according to the Future Land Use element of the Pic n, the future
land use designation for the land area proposed to be in:luded in the
District is suburban. (See Exhibit 8). The District, if e:;tablished on
the proposed property is consistent with the policie; under the
suburban future land use category of the Plan, am its specific
policies.
c. The land area proposed to be included within the state-created and
chartered District is comprised of approximately 101.5') contiguous
acres which are of sufficient size, sufficiently compact and contiguous
sufficiently to be developable as one functional, interrelated
community as discussed in Exhibit 8. See Section l' 0.005(2)(a),
F.S., 190.00~;(1)(e),F.S..
d. The community development systems, facilities and SErvices to be
provided by the District on the proposed property will supplement,
and will not in any way be incompatible with, existin'l roads and
other local c,nd regional community development syste ns, facilities
and services on t,e proposed property. This matter is described
further in Exllibit 8. See S 190.005(2)(a), F.S., 190.005(: )(e)5.,F.S..
e. The area proposed to be served by the District is imenabie to
separate special district government in the light of the in'"ormation to
be considered regarding the other factors. This matter is described
further in Exhibit 8. See Section 190.005(2)(a), F.S., 190.00S(1)(e)6,
F.5..
f. Because the information in the Petition is true and com ct; because
establishment is not inconsistent with applicable loul or state
comprehensive plans; because the land area is of suffici'~nt size and
4
Aoenda Item No. SA
~ April 25. 2006
Page 16 of 111
PETITION FOR THE ESTABLISHMENT BY COUNTY ORDINAIlCE OF A
COMMUNITY DEVELOPMENT DISTRICT ON PROPERTY PROPOSED IN
THE PETITION
COPPER COVE COMMUNITY DEVELOPMENT DISTRICT
compactness, and is contiguous sufficientiy, to be developable as one
functional interrelated community; because the systems. facilities and
services of the District will not be incompatible with the capacity and
uses of existing local and regional community development systems,
facilities and services; because the land area proposed to be served
by the District is amenable to separate special district government;
and because, if established on the proposed property, following the
procedures in S 190.005(2), F.5., the District will constitute under
Section 190.002(l)(b), F.S. a mechanism for the timely, efficient,
effective, responsive and economic delivery of its systl~ms, facilities
and services to the proposed property in light of the services,
systems and facilities which would be provided (therwise as
discussed in more detail in Exhibit 8. See Section190.005(2)(a), F.S.,
190.005(1)(1~)4, F.S.
12. Petitioner hereby requests the consent of the County, as provid(,d by Section
190.012(2), F.S., to exercise the following powers granted to it therein, and
specifically in Section 190.012(2)(a)(d), F.S. by the general law charter
including parks and facilities for indoor and outdoor recreati01al, cultural,
and educational uses along with Security and related facilities.
13. Petitioner aCknowledges certain legal and policy points regardirg the Collier
County Water'Sewer District and related matters, as set forth in the official
Acknowledgment attached to the Petition as Exhibit 9, and Incorporated
herein.
WHEREFORE, Petitioner requests respectfully the Commission to:
a) Direct its staff to notice, as soon as practicable, a local, ,Jublic, 1'101'1-
emergency and information'gathering ordinance hearing pur ;uant to the
requirements of Section 190.005(2)(c) F.S., on the subject o. whether to
grant this Petition for the establishment on the proposed lane, area of the
state chartered and created Copper Cove Community [oevelopment
District and to '2nact the ordinance establishing the Dislrict on the
proposed property.
b) Grant this Petitior' and adopt the ordinance to establish the state created
and chartered District in conformity herewith; to designate '~xpressly in
the establishing ordinance the land area to be served by the District, the
name of the District and the initial members of the Board of Supervisors
of the District anli to recognize expressly in the ordinance, hy statutory
citation, that the uniform and exclusive general law charter of the Distnct
s
Agenda Item No. SA
April 25, 2006
Page 17 of 111
PETITION FOR THE ESTABLISHMENT BY COUNTY ORDINAIJCE OF A
COMMUNITY DEVELOpr..,ENT DISTRICT ON PROPERTY PROPOSED IN
THE PETITION
COPPER COVE COMrvlUNITY DEVELOPMENT DISTRICT
was created by the Florida Legislature in Sections 190006 through
190.041, F.S. a~' provided also in Section 190.004(4), F.S., "nd confirmed
and provided further in Section 189.4031(2), F.S. R~ognize the
impending Petition from the District Board of Supervisors, i1' established,
for consent by the Commission to exercise certain enumErated special
powers already granted by general law to the District by its exclusive
uniform charter under Section 190.012(2), F.S., and that such potential
exercise has been reviewed and assessed to the date of the ordinance.
Providing finally that with regard to any speCific consent by Ine County to
the exercise by the District of any of such special granted ,Jowers in its
general law charter, the legal existence and authority of t~ e District, as
created by state law and as established on the proposed pre perty by this
ordinance, shall have been decided upon its establishment.
'fJ.....
RESPECTFULLY SUBMITTED this d.. day of January, 2006.
Agenda item f-Jo. SA
April 25. 2006
Page 18 of 111
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,e.,genda Item No. SA
A ril ')5 2006
Page 19 of 111
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COMMUNITY DEVELOPMENT DISTRICT
PRO~CT LOCAll0N MAP de DISTRICT BOUNDARY
DATE:
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Exhibit 3
.~FFIDAVlT OF OWNERSHIP AND CONSENT TO THE ESTAR'_lSHMENT
OF THE COPPER CUVE COMMUNITY DEVELOPMENT DISTRICT
On this ~ch)' of January 2006. personally appeared before me. an officer duly authonzed to
administer oaths and take acknou..lcdgments, who, after being duly !iworn, deposc$ and says;
1. :\ffiant :\lan S. Farriur, an individual, is the President of .':0100Ia1 Homes,
Inc.
2. Colonial Homes, lnc. is the owner of all of the property attached to the
Pctiuoo'o Establish the Coppel' Cove Community DevcloI'mcnt District as
Exhibit 1.
3. Affiant, Alan S. Farrior, hereby represents that he has : till authority to
execute all documcl1r.:.s and instrumentfi on behalf of tile Corporatiun,
including the Pctiuon before the Board of County C(nmussioncrs of
Collier County, Florida, to cn<lct an Ordinance to estabLish the Copper
Cove Cummuruty Development district (the: "Proposed CD:)").
4. The pro)J(xty reprcc,cms a portion of the real property to b( included in the
Propo~ed CDD.
S. Affiant, ldan S. Farrior on behalf of Colonial I lames, Inc. t 'H:: owner (Jf the
property in tbe capacity described above, hereby ccnsents to the
cstablish~-lcnr uf the Proposed CDI).
CURTHER AH'wn 'AYETH NOT. ^", &:hJ
State of Alabama
County of Momgomc..:ry
The foregoing lnstr\lment was acknowledged before me this yJ~.. day of January, 2006, by Alan
S. Farrior, its Presldent.
Pcrsonallv known L or Pco<.h.lccd Identification _
';F' ,,,'~"..'",.," ':~"'"'.! .
~'C2{/ J:b~
Notan Pu ir
My C;",uo."ionoxpires; q -) I.~f
Agenda Item No. SA
April 25, 2006
Page 23 of 111
Aqenda Item hio. SA
- Aoril 25. 2006
Page 24 of 111
EXHIBIT
4
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N.T.S.
DISTRICT
BOUNDARY
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EXISTING 4"
SANIT ARYSEWER
FORCE MAIN
DISTRICT
BOUNDARY
COPPER COVE PRESERVE
COMMUNITY DEVELOPMENT DISTRICT
D1lSlG1lED n LAL
Q. GRADY MINOR AND ASSOCIA'm), P.!
CIYIL E1moo:EliS . LAND SURVEYORS . PLAIlNEJlS
DI!IOO va va B:BT
BO~."'..:' -9P'BDmS." P'IDBmJ. S41S4_,~
PIlOJU: , (e.1) ~7':U"''' ~ix ,(1)41) 1>47"'"",".' ..
DGINDIDNG CJ:R'lU"J:l....'l'I OF j11Tll)JDZ,&.1Knl D OOOISlel
or m OC>OCS161
COPPER COVE PRESERVE
COMMUNITY DEVELOPMENT DISTRICT
INFRASTRUCTURE SERVICE LOCATION MAP
DRAWN BY' LAL
APPJlOvm D. H
lOB COD~ CCPSDP
SCAlE: N. T.S.
DATE:
1 D/7/2005
P'ILI!:N~
DRAWING NUlIBER 3 or 3
Exhibit 5
Proposed Timetable and Estimated Costs of Construcion
Copper CoV(~ Community Development Distric1
Construction Schedule
2006
Infrastructure ImprovmentB
Roadwav Imorovments on'slte $1 020,000
Roadwav ImorovlTIents off-site $430,000
Landscaoe $75000C!
DrainaQe $547,50C
Utilities $1,816.400
Water Manaoement and Mrtiaation $8,360,800
Infrastructure Subtotal $12924,700
I !
10% Construction Continaencv $1,292,470
15% Techntchal Services $2.132,576
Contructoon and Technical Sublolal $3,425 046
Grand Total $16,349746
Estimated costs of construction are for those Powers permitted unc,er
Section 190.012(1). FlOrida Statutes, as amended. No estimates a,'e
provided for other power'3s available under Section 190,012(2)(d). Florida
Statutes,
The estimated costs and proposed timetable herein do not include anticipated
capital carrying costs, includin~1 interest reserves or other applicable CDD
expenditures that may be incurred,
Pursuant to law. this information is based on available data as of thE filing of
this petition, presented in good faith, is non.binding and is subject to change,
Section 190.00591)6, F.S
Agenda Item No. SA
April 25, 2006
Page 25 of 111
Agenda Item No. SA
April 25, 2006
Exhibit 6-A Collier County Urban Mixed Use District Designation of 111
)
A. Urban - Mixed Use District
This District, which represents approximately 116,000 acres, is intended to accommodate a
variety of residential and non-residential land uses, including mixed-use developments such as
Planned Unit Developments. Certain industrial and commercial uses are also allowed subject
to criteria. This may be accomplished by encouraging coordinated mixed-use sites of
water-dependent and water-related land uses are permitted within the coastal region of this
District. Mixed-use sites of water-dependent and water-related uses and other recreational
uses may include water-related parks, marinas (public or private), yacht clubs, and related
accessory and recreational uses, such as boat storage, launching facilities, fueling facilities,
and restaurants. Any water-dependent and/or water-related land use shall encourage the use of
the Planned Unit Development technique and other innovative approaches to conserve
environmentally sensitive features and to assure compatibility with surrounding land uses.
(XII) Note: Collier County's Land Development Code allows for the construction of private
boathouses and docks as an accessory use to permitted uses in the following zoning districts:
Rural Agricultural (A), Residential Single Family (RSF 1-6), Residential Multiple Family (RMF-6,
12, 16), Residential Tourist (RT), Village Residential (VR), and Mobile Home (MH). Marinas are
a permitted use in the Commercial (C-3) and Commercial (C-4) Districts. Marinas are permitted
as a conditional use in the RT District. Marinas and boat ramps are permitted as a conditional
use in the Community Facility (CF) District. Boat yards and marinas are permitted as a
conditional use in the VR District. The Collier County Manatee Protection Plan (NR-SP-93-01)
May 1995 restricts the location of marinas and may limit the number of wet slips, the
construction of dry storage facilities, and boat ramps, based upon the Plan's marina siting
criteria.
(XI) Priorities for shoreline land use shall be given to water dependent principal uses over
water-related land uses. In addition to the criteria of compatibility with surrounding land uses
and consistency with the siting policy of the Conservation and Coastal Management Element
(Objective 10.1 and subsequent policies), the following land use criteria shall be used for
prioritizing the siting of water-dependent and water-related uses:
a. Presently developed sites;
b. Sites where water-dependent or water-related uses have been previously established;
c. Sites where shoreline improvements are in place; .
d. Sites where damage to viable, naturally functioning wetlands, or other environmentally
sensitive features, could be minimized.
Port of the Islands is a unique development, which is located within the Urban Designated Area,
but is also totally within the Big Cypress Area of Critical State Concern. However, a portion of
the development was determined "vested" by the State of Florida, thus exempting it from the
requirements of Chapter 380, Florida Statutes. Further, there is an existing Development
Agreement between Port of the Islands, Inc. and the State of Florida Department of Community
Affairs dated July 2, 1985, which regulates land uses at Port of the Islands. Port of the Islands
is eligible for all provisions of the Urban - Mixed Use District in which it is located to the extent
that the overall residential density and commercial intensity does not exceed that permitted
under zoning at time of adoption of this Plan.
(XII) = Plan Amendment by Ordinance No. 2003-67 on December 16, 2003
22
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Aaenda Item No. SA
~. April 25, 2006
Page 28 of 111
EXHIBIT JJ7"
STATEMENT OF ESTIMATED REGULATORY COSTS
1.0 Introduction
1.1 Purpose and Scope
This Statement of Estimated Regulatory Costs ("SERC") supports the petition to
establish the Copper Cove Community Development District ("District"). The
District will consist of approximately 101.5 acres of land located within Collier
County, Florida. The limitations on the scope of this SERC are explicitly set out in
Section 190.002 (2) (d), F5. (governing Dish'ict formation or alteration) as follows:
"That the process of establishing such a district pursuant to uniform general law
shall be fair and based onlv on factors material to managing and financing the
service delivery function of the district, so that anv matter concerning permitting
or planning of the development is not material or relevant (emphasis added)."
1.2 Overview of the Copper Cove Community Development and the District
The District will comprise a proposed land area of approximately 101.5 acres
within the unincorporated Collier County, Florida. The District is designed to
provide infrastructure, services, and facilities along with certain ongoing
operations and maintenance to the Copper Cove Development (the
"Development" or "Copper Cove") comprising 295 residential units. A
Community Development District ("CDD,") is an independent unit of special
purpose local government created and chartered by Chapter 190, Florida
Statutes, to plan, finance, construct, operate and maintain community-wide
infrastructure in large, plalmed community developments. It may be established
on the proposed property by ordinance. CDD's provide a "solution to the state's
plalming, management and financing needs for delivery of capital infrastructure
to service projected growth without overburdening other governments and their
taxpayers." Section 190.002 (1) (a) F5.
A CDD is not a substitute for the local, general purpose, government unit, i,e.,
the County in which the CDD lies, A CDD does not have tl1e permitting, zoning
1
Agenda Item No. SA
April 25,2006
Page 29 of 111
or police powers possessed by general purpose governments. A Community
Development District is an alternative means of financing, constructing,
operating, and maintaining community infrastructure for planned developments,
such as Copper Cove. The scope of this SERC is limited to evaluating the
consequences of approving the proposal to establish the District.
1.3 Requirements for Statement of Estimated Regulatory Costs
Section 120.541 (2), P.s. (2001), defines the elements a statement of estimated
regulatory costs must contain:
(a) A good faith estimate of the number of individuals and entities likely to be
required to comply with the rule, together with a general description of the types
of individuals likely to be affected by the rule.
(b) A good faith estimate of the cost to the agency, and to any other state and
local government entities, of implementing and enforcing the proposed rule, and
any anticipated effect on state and local revenues.
(c) A good faith estimate of the transactional costs likely to be incurred by
individuals and entities, including local governmental entities, required to
comply with the requirements of the rule. As used in this paragraph,
"transactional costs" are direct costs that are readily ascertainable based upon
standard business practices, and include filing fees, the cost of obtaining a
license, the cost of equipment required to be installed or used or procedures
required to be employed in complying with the rule, additional operating costs
incurred, and the cost of monitoring and reporting,
(d) An analysis of the impact on small businesses as defined by Section 288.703,
ps., and an analysis of the impact on small counties and small cities as defined
by Section 120.52 ps. Collier County, Florida (the "County") is not defined as a
small county for purposes of this requirement.
(e) Any additional information that the agency determines may be useful.
(f) In the statement or revised statement, whichever applies, a description of any
good faith written proposal submitted under paragraph (1) (a) and either a
statement adopting the alternative or a statement of the reasons for rejecting the
alternative in favor of the proposed rule.
With regards to this Statement of Estimated Regulatory Costs, requirements
referring to the rule will be modified to refer to the County establishing the
2
Agenda Item No SA
April 25, 2006
Page 30 of 111
ordinance creating the District for which the law reqUIres the Statement of
Estimated Regulatory Costs to be prepared.
2.0 A good faith estimate of the number of individuals and entities likely to be
required to comply with the rule, together with a general description of the
types of individuals likely to be affected by the ordinance.
Establishment of the District would provide roadways, potable water and
sanitary sewer, Water Management and Environmental Improvements. It is not
anticipated that anyone outside the Development would be affected by the
Ordinance establishing the District, although the State of Florida and the County
would be required to comply with reviewing reports as a consequence of the
Ordinance.
3.0 Good faith estimate of the cost to state and local government entities, of
implementing and enforcing the proposed rule, or in the case of Districts
under 1,000 acres, an ordinance of the general purpose government
establishing the District, and any anticipated effect on state and local
revenues.
3.1 Costs to Governmental Agencies of Implementing and Enforcing Rule
State Government Entities
There will be only modest costs to various State governmental entities to
implement and enforce the proposed establishment of the Dish"iet. The District as
proposed is within unincorporated Collier County, Florida. The modest costs to
various State entities to implement and enforce the ordinance relate strictIy to the
receipt and processing of various reports that tIle proposed Dish-iet is required to
file with the State and its various entities. The costs to tI10se State agencies that
will receive and process the Dish-iet's reports are very small because the District
is only one of many governmental units that are required to submit the various
reports. Therefore, the marginal cost of processing one additional set of reports is
inconsequential. Additionally, pursuant to section 189.412, F.s., the Distriet must
pay an annual fee to the State of Florida Deparhnent of Community Affairs,
which offsets such costs.
3
Agenda Item No. SA
April 25, 2006
Page 31 of 111
Collier County, Florida
The proposed land for the Disrrict is in the Collier County, Florida and consists
of less than 1,000 acres. The County and its staff may process, analyze, conduct a
public hearing, and vote upon the petition to establish the District. These
activities will absorb some resources, The costs to review the record of the local
hearing, the rranscript of the hearing, and the ordinance adopted by the local
general-purpose government will be offset by the filing fee required under
190.005 (I), F.5.
These costs to the County are modest for a number of reasons. First, according to
Chapter 190, F.5., review of the petition to establish the District does not include
analysis of any community developments within the boundaries of the Disrrict.
Second, the petition itself provides much of the information needed for a staff
review. Third, local governments already possess the staff needed to conduct the
review without the need for new staff. Fourth, there is no capital required to
review the petition. Fifth, the potential costs are offset by the required filing fee.
Finally, general purpose local governments routinely process petitions for land
uses and zoning changes that are far more complex than is the petition to
establish a community development disrrict.
The annual costs to the County, because of the establishment of the Disrrict, are
also very small. The Disrrict is an independent unit of local government. The
only annual costs the County faces are the minimal costs of receiving and
reviewing the various reports that the Disrrict is required to provide to the
County.
3.2 Impact on State and Local Revenues
Adoption of the proposed ordinance will have no negative impact on State and
local revenues. The District is an independent unit of local government. It is
designed to provide community facilities and services to serve the Copper Cove
Development. It has its own sources of revenue. No State or local subsidies are
required or expected.
In this regard it is important to note that any debt obligations incurred by the
District to consh'uct its infrastructure, or for any other reason, are not debts of the
State of Florida, the County, or any other unit of local government. In accordance
with State law, debts of the Disrrict are srrictly its own responsibility.
4
Agenda Item No. SA
April 25, 2006
Page 32 of 111
4.0 A good faith estimate of the transactional costs likely to be incurred by
individuals and entities required to comply with the requirements of the
ordinance.
Table 1 provides an outline of the various facilities and services the District may
provide.
Table 1.
Copper Cove Community Development District Proposed
Facilities and Services
FACILITY FUNDED BY O&M OWNERSHIP
Roadway COO COO CDO
Landscape COD COD COD
Drainage COD COD COD
Utilities COD COUNTY COUNTY
Surface "Vater Management COD COD COD
111e petitioner has estimated tl1e design and development costs for providing the
capital facilities as outlined in Table 1. The cost estimates are shown in Table 2
below. Total design and development costs for these facilities are estimated to be
approximately $16,349,746. The District may levy non-ad valorem special
assessment (by a variety of names) and may issue revenue and other bonds to
fund the management of these facilities. These bonds would be repaid through
non-ad valorem special assessments (by a variety of names) levied on all
properties in tl1e Dish-iet that receive special and peculiar benefit from the
Distriet's capital improvement program as outlined in Table 2.
Prospective future landowners in the Development may be required to pay 11011-
ad valorem special assessments levied by the Dish-iet to provide for facilities or
operations and maintenance and secure any debt incurred through bond
issuance. In addition to tl1e levy of non-ad valorem special assessments which
may be used for debt service, the Distriet may also levy a non-ad valorem
assessment to fund the operations and maintenance of the Dish-ict and its
facilities and services. However, locating in tl1e District by new residents is
completely voluntary and levy of such assessments, as well as the prospect of
such assessments, are noticed and disclosed fully. So, ultimately, all owners and
users of the affected property choose to accept the non-ad valorem assessments
as a h-adeoff for the services and facilities that the Dish'ict will provide. In
addition, state law requires all assessments levied by the Dish-ict to be disclosed
by the seller to all prospective purchasers of property within the Dish"iet.
5
Agenda Item No. 8A
April 25, 2006
Page 33 of 111
A Community Development District "CDD" provides the property owners with
an alternative mechanism of providing public services; however, special
assessments and other impositions levied by the District (and collected by law)
represent the transactional costs incurred by landowners as a result of the
establishment of the District. Such transactional costs should be considered in
terms of costs likely to be incurred under alternative public and private
mechanisms of service provision, such as other independent Special Districts,
County or its Dependent Districts or county management but financing with
municipal service benefit units and municipal service taxing units which are not
Districts, or private entities, all of which can be grouped into three major
categories: public district, public other, and private.
With regards to costs of public district mechanism of public services delivery to
the developments within the proposed area, Dependent and other Independent
Special Districts can be used to manage the provision of infrastructure and
services, however, they are limited in the types of services they can provide, and
likely it would be necessary to employ more than one district to provide all
services needed by the development. Transaction costs resulting from the
employment of more than one district would likely be higher than those
resulting from a single entity such as a CDD.
Other public entities, such as municipalities and counties, also are capable of
providing services, however, their costs in connection with the new services and
infrastructure required by the new development, b"ansaction costs, would be
borne by all taxpayers, unduly burdening existing taxpayers and would also be
inconsistent with the State's policy of" growth paying for growth".
Lastly, services and improvements could be provided by private entities.
However, their interests are primarily short-term profits and there is no public
accountability. The marginal benefits of tax-exempt financing utilizing CDDs
would cause the CDD to utilize its lower transactional costs to enhance the
quality of infrastructure and services.
In considering transactional costs of CDDs, it shall be noted that occupants of the
lands to be included within tl1e District will receive three major classes of
benefits.
First, those residents in the District will receive a higher level of public services
which in most instances will be sustained over longer periods of time than would
otherwise be the case.
6
Agenda Item r~o. SA
April 25, 2006
Page 34 of 111
Second, a CDD is a mechanism for assuring that the community services will be
completed concurrently with development of lands witl1in the Development.
This satisfies the revised growth management legislation, and it assures that
growth pays for itself without undue burden on other consumers, Establishment
of the District will ensure that these landowners pay for the provision of
facilities, services and improvements to these lands.
Table 2. Cost Estimate for District Facilities
CATEGORY COST
Roadway Improvements (on-site)
Roadway Improvements (off-site)
Landscape
Drainage
Utilities
Water Management and Mitigation
Construction Contingencies and Teclulical Sevices
$1,020,000
$430,000
$750,000
$547,500
$1,816,400
$8,360,800
$3,425,046
TOTAL
$16,249,746
Third, a CDD is tlle sole form of local governance which is specifically
established to provide District landowners with planning, construction,
implementation and short and long-term maintenance of community
infrastructure at sustained levels of service.
The cost impact on the ultimate landowners in the Development is not the total
cost for tlle District to provide infrastructure services and facilities, Instead, it is
the incremental costs above, if applicable, what the landowners would have paid
to install infrastructure via an alternative financing mechanism. Given the low
cost of capital for a CDD due to tax-exempt financing, landowners within the
Dish"ict can usually expect the marginal benefits of finance savings directed
toward higher quality of infrash"ucture than landowners in similar developments
not located within CDDs.
5.0 An analysis of the impact on small businesses as defined by Section
288.703, F.S., and an analysis of the impact on small counties and small cities
as defined by Section 120.52, F.S.
7
Agenda Item No. SA
April 25, 2006
Page 35 of 111
There will be little impact on small businesses because of the establishment of the
District. If anything, the impact may be positive. This is because the District must
competitively bid all of its contracts and competitively negotiate all of its
contracts with consultants. This affords small businesses the opportunity to bid
on District work.
The County has an estimated population in 2000 that is greater than 75,000
according to the United States Census Bureau. Therefore the County is not
defined as a "small" county according to Section 120.52, P.5.
6.0 Any additional useful information.
The analysis provided above is based on a straightforward application of
economic theory, especially as it relates to tracking the incidence of regulatory
costs and benefits. Inputs were received from the Petitioner's Engineer and other
professionals associated with the Petitioner.
Prepared by:
Craig A. Wrathell,
Wrathell, Hart, Hunt, LLC
Wednesday, January 04, 2006
8
Agenda Item No. SA
April 25, 2006
Page 36 of 111
EXHIBIT 8-A
COPPER COVE COMMUNITY DEVELOPMENT DISTRICT
Backe;round and Credentials of Planner
My name is Donald Wayne Arnold, AICP. I am a professional urban planner. I am a Principal
with the firm Q. Grady Minor & Associates and have over 18 years of experience in planning
and permitting related to land development activities, I have previously been employed as a
professional planner by local and State governments, including Palm Beach County, Collier
County and South Florida Water Management District. I have been actively involved in
Developments of Regional Impact, growth management plan amendments, property rezonings,
land development code amendments, site development plans, and land feasibility studies. I hold
dual degrees in urban planning: a Bachelor of Science Degree in Urban-Regional Planning from
Southwest Missouri State University, and a Master of Urban Planning from the University of
Kansas.
I have served as an expert in urban planning in a variety of local, regional and state growth
management planning issues and have testified in numerous hearings including Florida
Administrative Hearings, and local government public hearings.
Below is a summary of the planning consequences of establishing the proposed Community
Development District in Collier County. My assessment of the six statutory factors that must be
met in order to establish a Community Development District is discussed below.
Project Description
Copper Cove Preserve comprises approximately 101 acres within southern Collier County,
Florida, bounded on the west by Collier Boulevard, bounded on the east and south of Fiddler's
Creek PUD/DRl bounded on the north by Quail Roost Mobile Home Park The property is
located within the Urban Mixed-Use Residential District of the Collier County Future Land Use
Map. The Urban Residential District permits a variety of residential and mixed-use projects, and
are encouraged to be in the from of a master planned community:
The property is currently planned for a residential master planned community with 300
residential units. The master planned community will include both single family and multi-
family dwelling unit types, a clubhouse and other residential amenities.
The Six Statutory Factors: Section 190.005 (1)(e)1-6. F.S.
Section 190.005(2)(c), Florida Statues, provides that the County Commission shall consider the
record of the public hearing and the following factors section 190.005 (2)(e), in making its
determination to grant or deny a petition for the establishment of a community development
district.
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Agenda Item No. SA
April 25, 2006
Page 37 of 111
1. Whether all statements contained within the petition have been fOWld to be true and correct.
2. Whether the establishment of the district is inconsistent with any applicable element or
portion of the state comprehensive plan or of the effective local government
comprehensive plan.
3. Whether the area of land within the proposed district is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional interrelated
commWlity.
4. Whether the district is the best alternative available for delivering community development
services and facilities to the area that will be served by the district.
5. Whether the community development services and facilities of the district will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. Whether the area that will be served by the district is amenable to separate special-district
government.
Factor One
1. Whether all statements contained within the petition have been found to be true and
correct.
In my professional planning opinion, the Petition and its exhibits satisfy the requirements of the
statute and contain information that is both true and correct. Therefore, factor one in my opinion
is satisfied from a planning perspective.
Local Specialized Problem: None.
Factor Two
2. Whether the establishment of the district is inconsistent with any applicable element
or portion of the state comprehensive plan or of the effective local government
comprehensive plan.
Regarding Factor Number Two, I have done a considerable amoWlt of analysis of both the State
Comprehensive Plan and the Collier County Comprehensive Plan because this factor questions
whether creation and establishment of the District is consistent with any applicable element or
portion of the State Comprehensive Plan or the Collier County Comprehensive Plan. A
discussion of consistency with the State Plan is provided below.
Discussion: The State Plan.
The State Comprehensive Plan is set forth in Chapter 187, Florida Statutes.
I have reviewed all twenty-five goals and several related policies under each goal in the State
Plan from this perspective. I have identified and evaluated those subjects, goals and policies, that
do relate to the creation and establishment of a Community Development District. As a
professional planner, I have provided an opinion as to the consistency of proposed District with
each related goal, objective and policy of the plan. I have analyzed from a planning perspective
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Agenda Item No. 8A
April 25, 2006
Page 38 of 111
each subject and goal and then identified various specific policies under each of them which
related to the proposed District.
Subiect and Goal 15 LAND USE
(a) Goal - In recognition of the importance of preserving the natural resources and
enhancing the quality of life of the state, development shall be directed to those
areas which have in place, or have agreements to provide, the land and water
resources, fiscal abilities, and service capacity to accommodate growth in an
environmentally acceptable manner.
Subject Number 15 and its related goal are applicable because it being directed to areas having,
or programmed to have funded land and water resources, and necessary infrastructure capacity to
serve growth in an environmentally responsible manner.
The Copper Cove Preserve Community Development is in an area of Collier County that has
available access to regional water and sewer services, and roadway networks to serve a project of
this scale. The District is located in the Urban Mixed-Use Residential District of Collier County
and will meet all applicable natural resources regulations. The creation of the District is
consistent with this goal.
Local Specialized Problem: None
Policy 15(b)1. Promote state programs, investments, and development and redevelopment
activities, which encourage efficient development and occur in areas which will have the
capacity to service new population and commerce.
Establislunent of the District is consistent with this Policy. Chapter 190, F.S., establishes that a
District purpose is to provide necessary capital infrastructure to service projected growth without
overburdening other governments and taxpayers. All necessary infrastructure on-site will be
provided by the Developer or Community Development District, which will be coordinated with
Collier County Government.
Local Specialized Problem: None
Policy 15(b)2. Develop a system of incentives and disincentives, which encourage separation
of urban and rural land uses while protecting water supplies, resource development, and
fish and wildlife habitats.
A District is a form of local government which, is required by law to provide service capacity in
areas designated for urban services, and to provide such services in an environmentally sensitive
manner. The Establislunent of the proposed District is consistent with policy 16(b)2 the State
Plan.
Local Specialized Problem: None
Policy 15(b)3. Enhance the livability and character of urban areas through the
encouragement of an attractive and functional mix of living, working, shopping, and
recreational activities.
Establishment of the District is consistent with this Policy. Through the creation of the District,
Copper Cove will be developed as a master planned residential community with on-site
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Agenda Item No. SA
April 25, 2006
Page 39 of 111
recreational amenities designed to serve the residents of the District. On-site open spaces are
linked to nearby roadways via pedestrian pathways.
Subiect and Goal 17 PUBLIC FACILITIES
(a) Goal - Florida shall protect the substantial investments in public facilities that already
exist and shall plan and provide for and finance new facilities to serve residents in a timely,
orderly, and efficient manner.
Subject 17 and its related Goal and policies would be directly implemented through the
establishment of the proposed District through the responsible provision of services and facilities
when needed to those property owners within the District. The establishment of the District will
be consistent with this subject and goal.
Local Specialized Problem: None
Policy 17(b )3.-AlIocate the costs of new public facilities on the basis of the benefits received
by the existing and future residents.
Facilities and services provided by the District are paid for through assessments and user fees by
those property owners who benefit from those facilities and services. In my planning opinion, the
proposed District is consistent with, and will implement, policy 18(b)3.
Local Specialized Problem: None
Policy 17(b)4.- Create a partnership among state government, local governments, and the
private sector which would identify and build needed public facilities and allocated the
costs of such facilities among the partners in proportion to the benefits accruing to each of
them.
The state legislature determined that a District is a legitimate alternative method of paying for
and managing community development. A District must be consistent with the plans of the State
and local governments. Establishment of the District, consistent with this legislative intent, is
consistent with Policy 18(b)4.
Local Specialized Problem: None
Policy 17(b )5. Encourage local government financial self-sufficiency in providing public
facilities.
The proposed District, if established, would be a special-purpose local government, and would
be self-sufficient in the provision of infrastructure, services and facilities in that it would not
draw upon other County resources. The establishment of the proposed District would not be
inconsistent with this policy.
Local Specialized Problem: None
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Aqenda Item No. SA
~ April 25, 2006
Page 40 of 111
Policy 17(b)6. Identify and implement innovative but fiscally sound and cost-effective
techniques for financing public facilities.
The special-purpose District will have limited powers to design, fund and construct services and
facilities necessary to accommodate the project's service demands. The proposed District is
consistent with this policy.
Local Specialized Problem: None
Policy 17(b)7. Encourage the development, use, and coordination of capital improvement
plans by all levels of government.
The District is subject to the reporting provisions of Section 189.415, Florida Statutes, which in
paragraph (6) states, "For purposes of the preparation or revision of local government
comprehensive plans required pursuant to s. 163.3161, a district public facilities report may be
used and relied upon by the local general purpose government or governments within which the
special district is located. This statutory provision is directed at fostering coordination between
special districts and general-purpose governments. The proposed District, if established, will
implement this policy, and is therefore consistent with the policy.
Local Specialized Problem: None
Subiect and Goal 20 GOVERNMENTAL EFFICIENCY
(a) Goal - Florida governments shall economically and efficiently provide the amount and
quality of services required by the public.
Chapter 190.002 finds that an independent district can be a solution to the state's planning,
management, and financing needs by providing timely, efficient, effective and economic means
of service delivery. The proposed District will provide services in an economical and efficient
manner and is consistent with Goal 20.
Local Specialized Problem: None
Policy 20(b)1. Encourage greater cooperation between, among, and within all levels of
Florida government through the use of appropriate interlocal agreements and mutual
participation for mutual benefit.
Once the Community Development District is formed, it will function as a form of local
government and the Statute permits the District to enter into interlocal agreements with other
local governments. The Collier County Growth Management Plan, Intergovernmental
Coordination Element and Public Facilities Element provide for the coordination and
cooperation of all governmental entities, including Community Development Districts. Because
the Statute requires consistency with the local government growth management plan, and the
District must cooperate with local governments, it is my opinion that the proposed Copper Cove
Preserve Community Development District, will be consistent with Policy 20 (b) 1 of the State
Comprehensive Plan.
Local Specialized Problem: None
Policy 20(b )2. Allow the creation of independent special taxing districts, which have
uniform general law standards and procedures and do not overburden other governments
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Agenda Item No. SA
April 25, 2006
Page 41 of 111
and their taxpayers while preventing the proliferation of independent special taxing
districts, which do not meet these standards.
This policy directly addresses why a Community Development District is a beneficial method of
funding community development services. A Community Development District provides the
infrastructure and community services through the sale of various types of bonds, for which the
obligation to repay the bonds is borne by only those who directly receive the benefits provided
by the Community Development District. The general taxpayer has no obligation to pay for
services within the District.
The Community Development District must be established according to the standards specified
in Florida Statutes and must be consistent with local government plans. The proliferation of
independent districts is restricted by the various factors required to establish a Community
Development District. The proposed Community Development District in my professional
planning opinion is consistent with Policy 20(b )2.
Local Specialized Problem: None
Policy 20(b )5. Eliminate needless duplication of, and promote cooperation in,
governmental activities between, among, and within state, regional, county, city, and other
governmental units.
As stated previously, a District is required under Florida Statutes to prepare reports and public
records with respect to its facilities and operations which are made available to owners within the
Community Development District, as well as prospective purchasers. These records are also filed
with the County as public records and may be utilized by the local government. This cooperative
requirement of sharing information as well as the requirement to be consistent with the State and
local government plans furthers the proposed Community Development District's consistency
with Policy 20(b)5.
Local Specialized Problem: None
Policy 20(b)9. Encourage greater efficiency and economy at all levels of government
through adoption and implementation of effective records management, information
management, and evaluation procedures.
Florida Statutes, Chapter 190, requires that Community Development Districts perform extensive
record keeping and management, and they are subject to the Florida Sunshine Law. In my
professional planning opinion, these requirements of the Community Development District fulfill
the requirements of Policy 20(b)9, and the establishment of the District is consistent with this
policy.
Local Specialized Problem: None.
Subiect and Goal 25 PLAN IMPLEMENTATION
(a) Goal - Systematic planning capabilities shall be integrated into all levels of government
in Florida with particular emphasis on improving intergovernmental coordination and
maximizing citizen involvement.
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f.\genda Item No. SA
April 25, 2006
Page 42 of 111
As discussed previously, a Community Development District has a statutory requirement to
report information concerning District operations. Further, because a District is a special purpose
government, it must advertise its regularly scheduled meetings, ensuring the opportunity for
public comment. The proposed District, if established, in my opinion, is consistent with and
would further this goal.
Local Specialized Problem: None
Policy 25(b)2. Ensure that every level of government has the appropriate operational
authority to implement the policy directives established in the plan.
The fact that a District established pursuant to Chapter 190, Florida Statutes, must not be
inconsistent with any applicable portion of the State Comprehensive Plan, a District is granted
the defacto operational authority to implement policies of the Plan. The establishment of the
proposed District is consistent with Policy 25(b )2.
Local Specialized Problem: None
Policy 25(b )3. Establish effective monitoring, incentive, and enforcement capabilities to see
that the requirements established by regulatory programs are met.
A District is not exempted from any applicable local, regional or state growth management
regulatory programs, thus the establishment of the proposed Copper Cove Preserve Community
Development District is not inconsistent with this policy.
Local Specialized Problem: None
Policy 25(b)8. Encourage the continual cooperation among communities, which have a
unique natural area, irrespective of political boundaries, to bring the private and public
sectors together for establishing an orderly, environmentally, and economically sound plan
for future needs and growth.
The District is required to operate openly (in the sunshine), encouraging public participation, and
as stated previously, reporting of the District's facilities and services status to the County
government provides a mechanism for cooperation between the general purpose and special
purpose governmental entities. The establishment of the proposed District is consistent with this
policy.
Local Specialized Problem: None
COLLIER COUNTY LOCAL GOVERNMENT COMPREHENSIVE PLAN
The adopted Collier County Local Government Growth Management Plan is set forth in the
following Collier County Ordinances, as amended. This Plan is currently in force and effective in
Collier County.
Housing Element
Ord. 2005-25
Ord. 2004-71
Ord. 2005-25
Ord.2000-27
Capital Improvement Element
Transportation Element
Public Facilities Element B Ord. 97-58
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Agenda Item No. 8A
April 25, 2006
Page 43 of 111
Recreation and Open Space Element
Conservation and Coastal Management Element
Future Land Use Element
Ord. 2003-67
Ord. 2004-71
Ord. 2005-25
Drd. 2003-67
Intergovernmental Coordination Element
Under the Florida Local Government Comprehensive Planning and Land Development
Regulation Act, Chapter 163, Part II, Florida Statutes, as amended, the Plan consists of various
elements, sub-elements and appendices. I reviewed each Plan element with respect to the powers
granted to a Community Development District under Section 190, Florida Statutes. As a
professional planner, I have reviewed the Plan in order to determine whether there is any specific
inconsistency between the proposed Community Development District Plan and the Collier
County Growth Management Plan.
Those goals, objectives and policies that are relevant to the creation of the proposed Community
Development District have been evaluated.
The establishment of the Community Development District to provide the governmental services
attendant to Copper Cove Preserve complies fully with the goals, objectives and policies of the
Collier County Growth Management Plan.
PUBLIC FACILITIES ELEMENT - POTABLE WATER SUBELEMENT
Policy 1.2.6: Where Community Development Districts, or other similar special districts are
established to provide a tool for developers to finance infrastructure or other purposes, wholly or
partially within the Collier County Water-Sewer District, water service shall be connected to the
regional system, and internal facilities shall be conveyed when acceptable to the Collier County
Water-Sewer District for operation and ownership in accordance with Collier County Ordinance
01-57 adopted October 23, 2001 or its latest revision, and District construction and operating
policies.
Copper Cove Preserve will provide and maintain potable water infrastructure to support the
proposed development within the District boundaries and will connect the system to Collier
County consistent \Vith the Collier County Utilities Ordinance. The establishment of the
proposed District is consistent \Vith this Policy.
Local Specialized Problem: None
INTERGOVERNMENTAL COORDINATION ELEMENT
Goal 1: Provide for the continual exchange of information and the use of any
intergovernmental coordination mechanisms with Broward, Dade, Hendry, Lee, and Monroe
Counties, Cities of Everglades and Naples, Collier County School Board, Southwest Florida
Regional Planning Council, and any other local, state, or federal agency or governmental entity,
and utility companies such as but not limited to Florida Power and Light, Lee County Electric
Cooperative, SprintlUnited Telephone, Immokalee Water and Sewer District, Pelican Bay
Service Division (MSTU), Florida Water Services, Florida Cities Water Company, Media One,
and Cablevision Industries, that may be impacted by Collier County's land, road, or facility
planning to resolve differences and to achieve compatible and coordinated plans.
J:\Copper Cove Preserve CODlCOO. Copper Cove Preserve. doc
Page 8 of 12
Agenda Item No. 8A
April 25, 2006
Page 44 of 111
Objective 1.1: By the time mandated for the adoption of land development regulations pursuant
to Chapter 163.3202, F.S., including any amendments thereto, establish intergovernmental
communication and level of service coordination mechanisms to be used by Collier County,
Cities of Everglades and Naples, adjacent counties, the Collier County School Board, the State,
and any other entity that provides a service but may not have land use authority.
Policy 1.1.1: Collier County will continue to utilize existing coordination mechanisms, e.g.,
interlocal planning agreements, joint meetings and any other mechanism described in this
element which promotes consistent planning activities.
Copper Cove Preserve has coordinated with both public and private sector agencies in the
delivery of services, such as Collier County Utilities, independent fire control districts, Collier
County Department of Transportation, and Florida Power and Light to insure the services are
coordinated and non-duplicative. Copper Cove Preserve Community Development District will
continue to coordinate plans with the various governmental agencies as it develops. The
establishment of the proposed District is consistent with this goal and associated objective.
FUTURE LAND USE ELEMENT
Objective 5 and Policy 5.1: In order to provide sound planning, ensure compatibility of land uses
and further the implementation of the Future Land Use Element. All rezonings must be
consistent with this Growth Management Plan.
Copper Cove Preserve will be a residential master planned community, which will utilize the
Planned Unit Development zoning district alternative to establish the development program, and
the establishment of the Community Development District to provide governmental and
infrastructure services. The project site is located in an area designated as Urban Mixed-Use on
the County's Future Land Use Map. The intent of this District is set forth previously in my
Report. This proposed master planned project is consistent with this objective and policy.
Local Specialized Problem: None
The establishment of the proposed Copper Cove Preserve Community Development District,
pursuant to Chapter 190, Florida Statutes, is not inconsistent \\lith the goals objectives and
policies of the Collier County Growth Management Plan.
Based upon the aforementioned findings, the creation and establishment of the proposed District
would not be inconsistent with any goals, policies, sections or portions of the Plan, even if it
were to exercise any and all of its statutory powers.
Further, the creation and establishment of the proposed District would not be inconsistent with
those parts of the Plan, which do not relate to the creation and establishment of a District.
Factor Three
3. Whether the area of land within the proposed district is of sufficient size, is sufficiently
compact, and is sufficiently contiguous to be developable as one functional interrelated
community.
The proposed Copper Cove Preserve Community Development District is of sufficient size and
sufficiently compact to be developed as a functional interrelated community. The project's size is
J :\Copper Cove Preserve CDmCDD - Copper Cove Preserve.doc
Page 9 of 12
Agenda Item No. SA
April 25, 2006
Page 45 of 111
101:1: acres. This land area is large enough in land area to allow for the efficient provision of
infrastructure systems, facilities and services. A project of this size and scope is most
appropriately master planned to demonstrate how the various components of the overall project
relate both internally and externally.
The project is appropriately compact in size in that it will permit residential development and the
required infrastructure support to be extended throughout the proposed District boundaries as one
functional interrelated community.
The properties within the proposed Copper Cove Preserve Community Development District are
contiguous.
The term "functional interrelated community" is undefined in Chapter 190, F.S. In my
professional planning opinion, the term, "functional interrelated community" means that the
CDD area has common characteristics in the sense of permitted land uses that can be master
planned because of the land use relationships, as well as the contiguity of the community and its
overall size. The proposed District will utilize the planned unit development concept to
demonstrate the interrelatedness of the entire project, whereby not only the internal and external
land use relationships have been shown, but the basic infrastructure to serve the entire
community is master planned. Copper Cove Preserve community is consistent with and furthers
the larger community's goals as outlined in the discussion on the Collier County Growth
Management Plan.
Local Specialized Problem: None
Factor Four
4. Whether the district is the best alternative available for delivering community
development services and facilities to the area that will be served by the district.
There are several alternative ways to provide basic infrastructure and services to the lands
proposed to be serviced by the proposed Community Development District. Generally, there are
three common methods of providing services to a community, which include privately funded
and maintained services, publicly provided systems and those that could be operated via a public
special purpose Community Development District. Private provision of services and
maintenance can be appropriate; however, with limitations, in that long-term funding must be
assured to support infrastructure for the life of the community, as is required through the
issuance of bonds to support a Community Development District.
The provision of services by the public can have limitations, especially where the community is a
master planned and interrelated community that may desire services more appropriately directed
at its property owners. The responsibility of a local government is to provide the basic
infrastructure support for all communities within its Governmental boundary. A master planned
community that may wish to achieve a higher than basic standard will not be well suited to
provision of services through common general government funding alternatives.
The Community Development District option is a preferred alternative to the two former
mentioned funding sources (Private and General Public) in that the provision of services may be
commensurate with the desired level of service of the community, while resulting in no burden to
those properties outside the District. The Community Development District cannot overburden
J:\Copper Cove Preserve CDDlCDD - Copper Cove Preserve.doc
Page 10 of 12
Aoenda Item No. 8,l\
~ April 25, 2006
Page 46 of 111
the existing facilities because of the required concurrency management requirements found in the
Collier County Growth Management Plan, Land Development Code and Chapter 190, F .S.
Local Specialized Problem: None
Factor Five
5. Whether the community development services and facilities of the district will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
Chapter 190, F.S. requires that all actions and implementation of any or all Community
Development District powers are governed by and must not be inconsistent with the Collier
County Growth Management Plan. One of the fundamental requirements of Chapter 163, F .S. is
that local government comprehensive plans must identify capital facilities required to support
expected growth and that standards must be adopted to insure that minimum established levels of
service for these facilities can be maintained.
This requirement insures that the impacts of development are created concurrent with the
available capacity of necessary capital infrastructure, Development may not occur unless there
are adequate public facilities available to support it.
These requirements insure compliance with County land development regulations and adequate
public facility requirements. Collier County has not identified any inadequate public facilities
that will affect the proposed District.
Local Specialized Problem: None
Factor Six
6. Whether the area that will be served by the district is amenable to separate special-
district government.
Factor six deals with whether the area that will be serviced by the District is amenable to
separate special-district government.
As discussed in the prior factor analysis, the land area is of sufficient size, and is sufficiently
compact and sufficiently contiguous to be functional. The project area is also located in an area
where other large-scale master planned communities have been developed utilizing the
community development district. In my opinion the land area for the District is amenable to
special district government because the land area proposed to be established as a District has the
need for the services that may be provided by the District. The District would also benefit from
the provision of District services in that the services will be tailored to the specific needs of the
District while consistent with the goals, objectives and policies of the local growth management
plan.
Local Specialized Problem: None
Summary
Long term and sustained adequacy and efficiency of infrastructure are important, and I note that
among the three alternatives discussed, the proposed District would more closely and efficiently
J:\Copper Cove Preserve CDmCDD . Copper Cove Preserve.doc
Page 11 of 12
Agenda Item No. SA
April 25,2006
Page 47 of 111
manage services and facilities given that the District's sole responsibility is the community
development's infrastructure needs, both immediate and in the long term. Further, a District can
be more responsive to the property owners of the community development and other affected
parties, than can be provided by the alternatives, which either have a broader public
accountability, or more narrowed interests.
The proposed Copper Cove Preserve Community Development District is the most appropriate
means of providing community development systems, services and facilities because it will be
functionally involved in the overall physical master planning of the development, most equitably
distributes the cost and responsibilities to the users of the systems, services and facilities,
provides for long term maintenance, and provides a greater assurance that the residents served by
the Copper Cove Preserve Community Development will have a sustained level of service to
meet their quality oflife objectives,
I attest that the statements and finding in this document are true
and accurate to the best of my knowledge.
~
~
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Signature of Notary Public
Notary's Printed Name
My Commission Expires:
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"....~'~...." SHARON UMPENHOUR
~r;!~1 MY COMMISSION # DO 495073
~:,~ EXPIRES: December 4, 2009
':f,'1i':R(.:~~' Bonded Thru Nola1y Public Undelwrit...
J :\Copper Cove Preserve CDDleDD . Copper Cove Preserve. doc
Page 12 of 12
Agenda Item No. SA
April 25, 2006
Page 48 of 111
EXHIBIT 8-B
ENGINEER'S OPINION
PETITION TO ESTABLISH
COPPER COVE PRESERVE
COMMUNITY DEVELOPMENT DISTRICT
A petition to establish the Copper Cove Preserve Community Development District (CDD) is
being filed with the Collier County Board of County Commissioners. The purpose of this
Opinion is to provide support to the petition with regard to the factors which must be considered
during the establishment process as outlined in Chapter 190 of the Florida Statues.
My name is David A. Hyyti, P.E. I have been qualified, in The Circuit Court of the Twentieth
Circuit of the State of Florida, as an expert in matters regarding civil engineering and
community development during special assessment bond validation proceedings related to
community development infrastructure funding. I have also been involved with the
establishment and operation of Community Development Districts in Lee, Charlotte, and
Hillsborough counties over the past fourteen years.
This opinion is based on my professional experience as a civil engineer and land development
consultant with regard to providing infrastructure for community development.
Section 190.005(2), F.S, provides the exclusive and uniform method for the establishment of a
community development district of less than 1,000 acres in size. The proposed Copper Cove
Preserve Community Development District is approximately 101.5 acres in size. Section
190.005(2)( c) provides that the Collier County Board of County Commissioners consider the six
factors identified in Section 190.005(1)(e) in making its determination to grant or deny a
petition for the establishment of a community development district. These factors are:
1. Whether all statements contained within the petition have been found to be true and
correct.
2. Whether the establishment of the district is inconsistent with any applicable element or
portion of the state comprehensive plan or of the effective local government
comprehensive plan.
3. Whether the area of the land within the proposed district is of sufficient size, is
sufficiently compact, and is sufficiently contiguous to be developable as one functional
interrelated community.
F:IJOB\Copper Cove Preserve CDD\Eng Review Eng Opinion Petition to Establish Copper Cove Preserve CDD.doc
Page I of6
Agenda Item No. SA
April 25, 2006
Page 49 of 111
4. Whether the district is the best alternative available for delivering community
development systems, services and facilities to the area that will be served by the district.
5. Whether the community development systems, facilities and services of the district will be
incompatible with the capacity and uses of existing local and regional community
development systems, services and facilities.
6. Whether the area that will be served by the district is amenable to separate special district
government.
Section 190.002(d) states that the process of establishing a district shall be based only on factors
material to managing and financing the service-delivery function of the district, any matter
concerning permitting or planning of the development is not material or relevant. This Opinion
is therefore based on my review of matter related to the six factors enumerated above.
Additionally, I have observed the proposed site of the Copper Cove Preserve CDD and have
reviewed the petition to Establish the district.
FACTOR 1:
Whether all statements contained within this petition have been found to be true and correct.
I have observed the Copper Cove Preserve site and reviewed the Petition for Establishing the
Copper Cove Preserve CDD. To the best of my knowledge, the statements contained within the
Petition are true and correct.
FACTOR 2;
'Whether the establishment of the district is inconsistent with any applicable element or portion
of the state comprehensive plan or of the effective local government comprehensive plan.
For the purposes of responding to this factor, the State and Collier County Comprehensive Plans
were reviewed for goals, objectives, and policies that pertain to the establishment of a CDD.
Based on this review, establishment of the Copper Cove Preserve CDD is not inconsistent with
applicable elements or portions of the State and Collier County Comprehensive Plans.
Comments on Applicable State and Collier County Comprehensive Plan elements are provided
in the following discussion.
State Comorehensive Plan
Goal (15). Land Use - In recognition of the importance of preserving the natural resources and
enhancing the quality of lift of the state, development shall be directed to those areas which
have in place, or have agreements to provide, the land and water resources, fiscal abilities, and
service capacity to accommodate growth in an environmentally acceptable manner.
F:\JOB\Copper Cove Preserve CDDlEng Review Eng Opinion Petition 10 Establish Copper Cove Preserve CDD.doc
Page 2 of6
Agenda Item No. SA
April 25, 2006
Page 50 of 111
Policy 1 - Promote state programs, investments, and development and redevelopment activities
which encourage efficient development and occur in areas which will have the capacity to
service new population and commerce.
Policy 2 - Develop a system of incentives and disincentives which encourages a separation of
urban and rural land uses while protecting water supplies, resource development, and fish and
wildlife habitats.
Since a district is a program that, when established, is required by law to provide service
capacity in areas designated for urban services, and to provide such services in an
environmentally sensitive manner, the proposed District is not inconsistent with Goal 15 of
Chapter 187, Florida Statutes.
Goal (17)(a). Public Facilities - Florida shall protect the substantial investments in public
facilities that already existing and shall plan for and finance new facilities to serve residents in
a timely, orderly, and efficient manner.
Policy 3 - Allocate the costs of new public facilities on the basis of the benefits received by
existing and future residents.
Policy 4 - Create a partnership among state government, local governments, and the private
sector which would identifY and build needed public facilities and allocate the costs of such
facilities among the partners in proportion to the benefits accruing to each of them.
Policy 5 - Encourage local government financial self-sufficiency in providing public facilities.
Policy 6 - IdentifY and implement innovative but fiscally sound and cost-effective techniques for
financing public facilities.
Policy 7 - Encourage the development, use, and coordination of capital improvement plans by
all levels of government.
Policy 9 - IdentifY and use stable revenue sources which are also responsive to growth for
financing public facilities.
The District will provide innovative funding for systems, facilities and services, as well as,
provide up-front financing mechanisms for timely provisions of these systems, facilities and
services for the Copper Cove Preserve COD. Establishment of the Copper Cove Preserve CDD
helps to protect the public investment in the already existing public systems, facilities and
services because it provides a new revenue source for development and maintenance of the new
systems, facilities and services serving the area. No additional burden is placed on the existing
residents or businesses within the county because the COD will allocate the cost of the new
systems, facilities and services to the existing and future property owners that will use those
systems, facilities and services. By its very nature, establishing the District also helps provide
for timely, orderly and efficient planning and financing of these new systems, facilities and
servIces.
F:\JOBICopper Cove Preserve CDDlEng Review Eng Opinion Petition to Establish Copper Cove Preserve CDD.doc
Page 3 of6
Agenda Item No. SA
April 25. 2006
Page 51 of 111
Districts are required to coordinate with local general-purpose government and to submit a
public systems, facilities and services report. This public systems, facilities and services report
must include information very similar to the capital improvement plans of most local general-
purpose governments. The local general-purpose government may, in turn, use and rely upon
the district report for future forecasts and planning. Finally, the County can rely on the district's
report when making determinations of concurrency compliance.
Based on this review, the establishment of the Copper Cove Preserve CDD is not inconsistent
with Goal 17.
Goal (20). Governmental Efficiency - Florida governments shall economically and efficiently
provide the amount and quality of services required by the public,
Policy 1 - Encourage greater cooperation between, among, and within all levels of Florida
government through the use of appropriate interlocal agreements and mutual participation for
mutual benefit.
Policy 2 - Allow the creation of independent special taking districts which have uniform
general law standards and procedures and do not overburden other governments and their
taxpayers while preventing the proliferation of independent special taking districts which do
not meet these standards.
Policy 5 - Eliminate needless duplication of, and promote cooperation in, governmental
activities between, among, and within state, regional, county, city, and other governmental
units.
As a unit of special purpose local government with the authority to provide high quality
services and facilities within a limited area, the proposed District can enter into inter-local
agreements with mutual participation and benefits to residents of the District and the rest of the
county. A Community Development District has uniform general law standards as specified in
Chapter 190, F.S. that provide for the focused delivery and funding of infrastructure through
the assessment of only those residents within the District which receive benefit and their by not
overburdening other units of government or their taxpayers. To eliminate the needless
duplication of efforts between the District and Collier County, the potable water and sanitary
sewer systems will be turned over to Collier County for ownership and maintenance purposes
once they are completed by the District and accepted by Collier County Utilities.
Based on this review, the establishment of the Copper Cove Preserve CDD is not inconsistent
with Goal 20,
Collier County Growth Management Plan
Review of the Collier County Growth Management Plan has indicated that establishment of the
Copper Cove Preserve Community Development District is not inconsistent with the plan. In
addition, an extensive review as conducted by Collier County Planning staff and resulted in the
F:\JOB\Copper Cove Preserve COOlEng Review Eng Opinion Petition to Establish Copper Cove Preserve COO.doc
Page 4 of6
,~genda Item No. SA
April 25, 2006
Page 52 of 111
attached statement of compliance with regard to the development of Copper Cove Preserve
P.U.D.
FACTOR 3:
Whether the area of land within the orolJosed district is of sufficient size. Is sufficiently
compact. and is sufficiently contiguous to be developable as one functional interrelated
community.
After reviewing the definitions of Factor Three's key terms and words and considering how
they relate to infrastructure delivery, it is my opinion that the area of land within the proposed
District lli of sufficient size, is sufficiently compact, and is sufficiently contiguous to be
developable as one functional interrelated community.
FACTOR 4:
'Vhether the district is the best alternative available for delivering community development
services and facilities to the area that will be served by the district.
There are three alternative ways of providing basic systems, facilities and services to
community developments. The first is purely private through a private company or property
owners' association. The second alternative would be public either through county
management and financing through dependent districts, or through county management with
financing by the use of County Municipal Service Taxing Units (MSTU), or County Municipal
Service Benefit Units (MSBU). Finally, the third alternative would also be public but through
the specialized but limited independent Community Development District provided for by
Chapter 190, Florida Statues.
Considerations needed to determine the best alternative to deliver infrastructure to community
developments are the following:
. Is the alternative able to provide the highest quality systems, services, and facilities;
. Is the alternative capable of delivering the facilities, system, and services in a timely
manner when the community development service and facility demand occurs;
+ Does the alternative have a means of management which will be responsive to the
community development over the long term; and
+ Can the alternative obtain and maintain long-term financing to facilitate the management
benefits.
I have analyzed the alternatives and conclude that the proposed District is the best alternative
available for delivering community development services and facilities to the area that will be
served by the District. It has a single, limited and specialize purpose; it merges management
and financing capabilities; it operates in the Sunshine without burdening the County or its
taxpayers; and, by law, it must submit annual reports to show how its functions have been
subject to, and are not inconsistent with, the Collier County Growth Management Plan permits
issued for the use and development of the property.
F:VOB\Copper Cove Preserve CDDlEng Review Eng Opinion Petition to Establish Copper Cove Preserve CDD.doc
Page 5 of6
Agenda Item No. 8A
April 25, 2006
Page 53 of 111
FACTOR 5:
Whether the community development services and facilities of the district will be incompatible
with the capacity and uses of existing local and regional community development services and
facilities.
I have reviewed these area services and find that the community development services and
facilities of the proposed District are not incompatible with the capacity and uses of existing
local and regional community development services and facilities. In fact, once constructed
and approved, the potable water and sanitary sewer services will be turned over to Collier
County Utilities for ownership, operation, and maintenance, to avoid duplication of
government services.
FACTOR 6:
Whether the area that will be served by the district is amenable to separate special-district
government.
My analysis finds that the proposed District is amenable to separate special-district government
and I have concluded that the successful application of the five preceding factors explained
above demonstrates why the proposed District is amenable to separate special-district
government.
I attest that the statements and finding in this Opinion are true
and accurate to the best of my knowledge.
Engineer's Seal
The foregoing instrument was acknowledged before me this ~y or9~d ~
2006, by David A. Hyyti who is personally known to me.
Signature of Notary Pua~ h1~s>--
Notary's Printed Name f}qH t:.rz..A H CAS:e:
My Commission Expires:
PAMELAM. CASE
MY COMMISSION # DD 393588
EXPIRES: May 24, 2009
Booded Thru Notary Public Underwrilers
F:VOBlCoppcr Cove Preserve CDDlEng Review Eng Opinion Petition to Establish Copper Cove Preserve CDD.doe
Page 6 of6
i
li,qenda Item No. SA
~ April 25, 2006
Page 54 of 111
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 llIE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS TO
CHANGE THE ZONING CLASSIFICATION OF THE
SUBJECT REAL PROPERTY FROM PLANNED UNIT
DEVELOPMENT "PUD" TO "RPUD" FOR THE
DEVELOPMENT KNOWN AS CHAMPION LAKES RV
RESORT, TO CHANGE THE NAME OF THE PUD TO
Tl::fE COPPER COVE PRESERVE RPUD AND TO
ABANDON THE PREVIOUSLY AUTHORIZED
RECREATIONAL VEHICLE UNITS AND REPLACE
THEM WITH CONVENTIONAL MIXED RESIDENTIAL
DWELLING UNIT TYPES, WITH A MAXIMUM OF 300
RESIDENTIAL DWELLING UNITS FOR A PROJECT
DENSITY OF APPROXIMATELY 2.96 UNITS PER
ACRE FOR PROPERTY LOCATED ON THE NORTH
SIDE OF CHAMPIONSHIP DRIVE, IN SECTION 15,
TOWNSHfP 51 SOUTH, RANGE 26 EAST, COLLmR
COUNTY, FLORIDA, CONSISTING OF 101 ACRES;
PROVIDING FOR THE REPEAL AND REPLACEMENT
OF ORDINANCE NUMBER 00-21, AS AMENDED, THE
FORMER CHAMPION LAKES RV RESORT PUD; AND
PROVIDING FOR AN EFFECTNE DATE.
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WHEREAS, D. Wayne Arnold of Q, Grady Minor & Associates, PA,representing
Champion Lakes Development, LLC, petitioned the Board of County Commissioners to change
the zoning classification of the subject real property as part of Petition PUDZ-2004-AR-5879;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that;
SECTION ONE:
Document, attached hereto as Exhibit "A," which is incorporated herein and by reference made
The Zoning Classification of the subject real property as described in Section I ofthe PUD
part hereof, located in Section IS, Township 51 Soulh, Range 26 East, Collier County, Florida, is
changed from "PUD" to "RPUO" Planned Unit Development to abandon the previously authorized
recreational vehicle use and replace with conventional mixed residential dwelling unit types. A
maximum of 300 residential dwelling units are approved, with a project density of approximately
2.96 units per acre. The appropriate zoning atlas map or maps, as described in Ordinance Number
04-4], the Collier County Land Development Code, are hereby amended accordingly,
Agenda Item No. SA
April 25, 2006
Page 55 of 111
..I.
SECTION TWO:
Ordinance Nwnber 2000-21, as amended, known as the Champion Lakes RV Resort PUD,
adopted on April!l, 2000, by the Board of County Commissioners of Collier County, is hcrcby
repealed in its entirely and replaced with thesc regulations.
SECTION THREE:
This Ordinancc shall becomc effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super majority vote of the Board of County
Comm",ion= ~.f ~,Olli" COO""" Flood, thl. ~d~Y of "~h:.a ' 2005.
, . oOi'd~~ '"
AITESr....,......,ot- \ BOARD OF COUNTY.CO SIONERS
DWIOm.fi..BR.QCk;.&i!~ COLLffiR COUNTY, FLORIDA
." . . .'''<' '3 . t,.- ,
,:~.::: "';l:'~~:'~;':?'~''?: \';1". {Je. 7uJ- w c+
- \ ..... . .
-: ., ".:.1.:.' BY: .
D "). .~t~~i~~.f~en~l~n's FREDW.COYLE,CHAIRMAN
Apprd~~ \III' " ,liItl1.
an Le . Ii:;' '.",
2
Agenda Item t\Jo. SA
April 25. 2006
Page 56 of 111
COPPER COVE PRESERVE
A
MIXED-USE RESIDENTIAL PLANNED UNIT DEVELOPMENT
101.5::1: Acres Located in Sections J 1, 14 & 15
Township 51 South, Range 26 East,
Collier County, Florida
PREPARED FOR:
Colonial Homes, Inc.
12220 Towne Lake Drive, Suite 75
Fort Myers, FL 33913
PREPARED BY:
Q. GRADY MINOR & ASSOCIATES, P.A.
3800 Via Del Rey
Bonita Springs, FI 34134
(239) 947-1144
(239) 947-0375 Fax
and
Richard D. Y ovanovich
Goodlette Coleman and Johnson, P.A.
4001 Tamiami Trail North, Suite 300
Naples, Florida 34104
EXHIBIT "A"
~.~
TABLE OF CONTENTS
STA TEMENT OF COMPLIANCE AND SHORT TITLE
SECTION r
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, &
GENERAL DESCRIPTION
SECTION U
PROJECT DEVELOPMENT
SECTION III
RESIDENTIAL
SECTION IV
RECREA nON
SECTION V
PRESERVE
SECTION VI
GENERAL DEVELOPMENT COMMITMENTS
('OPPER CO\'E PRESERVE lBee re\" _ t -03.0:') 11
Agenda Item No, SA
April 25, 2006
Page 57 of 111
PAGE
ii
I-I
2-1
3-1
4-1
5-1
6-1
Agenda Item No, SA
April 25, 2006
Page 58 of 111
STATEMENT OF COMPLIANCE
The purpose of this Section is to express the intent of the Developer, to create a Mixed-use
Residential Planned Unit Development (RPUD) of 300 units on 101.5:1: acres of land located in .
Sections 11, 14 & 15 Township 51 South, Range 26 East, CoJlier County, Florida. The name of
this Planned Unit Development shall be Copper Cove Preserve PUD. The development of Copper
Cove Preserve PUD 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 cons~stent with the growth
policies and land development regulations adopted pursuant to the Growth Management Plan,
Future Land Use Element and other applicable regulations for the following reasons:
1. The subject property is within the Urban Mixed Use Residential District, Urban Coastal
Fringe Subdistrict, as identified on the Future Land Use Map of the Future Land Use
Element (FLUE). The purpose of the Urban Mixed Use Residential District is to provide
for a variety of residential and mixed-use developments such as Planned Unit
Developments.
2. The proposed residential density of the Copper Cove Preserve PUD is 2.96 dwelling units
per acre and is less than the maximum density of three (3) dwelling units per acre permitted
by the FLUE Density Rating System and the Land Development Code (LDC) and is
therefore consistent with FLUE Policy 5.1.
3. The Copper Cove Preserve PUD is compatible with and complementary to existing and
future surrounding land uses as required in Policy 5.4 ofthe FLUE.
4, Improvements are planned to be in compliance with applicable land development
regulations as set forth in Objective 3 of the FLUE.
5. The development of the Copper Cove Preserve PUD will result in an efficient and
economical extension of conununity facilities and services as required in Policy 3.1. of the
FLUE.
6. The Copper Cove Preserve PUD is a large-scale, mixed-use community, and is planned to
encourage ingenuity, innovation and imagination as set forth in the Collier COWlty Land
Development Code (LDC), Residential Planned Unit Development District.
7. The Copper Cove Preserve PUD is planned to incorporate natural systems for water
management in accordance with their natural functions and capabili~ies as may be required
by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
8. All fmal local development orders for this Project are subject to the Collier County
Adequate Public Facilities Ordinance, Chapter 6 of the Land Development Code.
,'( l)'P!'R ('O\'I: PRESERVE (Bee re\" - 1-03-0;') IV
Exhibit "9"
L\CKNOWLEDGMENT
The Uniform Community Development District Act of 1980, chapter 19(1, Florida Statutes
(1999 and hereafter except as otherwise noted)("Fla, Stat. hereafter"), restricts and limits expressly
the exercise of the state-created District's exercise of its state charter power.", The petitioner
acknowledges that the District's Board of Supervisors is bound legally and ethicdly to exercise its
general and special powers subject to, and not inconsistent with, the laws and regtlations contained
in the Collier County Water-Sewer District Special Act, and any applicable P,U,D" preliminary
subdivision plat andlor development order as provided in sections 190,004 and 190,012, Fla, Stat.
In light of the statutory n~strictions and mandates upon the powers !,nd functions of a
community district discussed below, the District ",ill not and cannot diminish th" customer base of
the Collier County Water-Sewer District. Collier County under its ordinancl: is the permanent
provider of water and sewer servIce to the development on which the CommLnity Development
District will be established,
Also, the 1988 Special Act reestablishing the Collier County Water-Sewl:r District provides
in Section 21 that: I) Collier County can mandate connection to its water and sewer facilities; 2)
Collier County can require installation and dedication of water and sewer facil :ties to the County;
and 3) no water and sewer facilities can be built within the water-sewer district unless the Collier
County Commissioners sining as the Water-Sewer District Board gives its consent and approvaL
1
Agenda Item No, SA
April 25, 2006
Page 59 of 111
The land area which the District will serve is in the jurisdiction of the dependent Collier
County Water-Sewer District and is subject therefore to the terms of the 1988 Special Act. The
community to be served by the District is also subject to P,U,D, and preliminary !'ubdivision plat.
In addition, the land area involved is also subject to Collier County Ordinanc~ No, 98-69, as
amended, utility facilities requirements, as well as the state, regional and local comrrehensive plans,
permitting agencies and all related land development regulations,
The Florida Legislature, in sc,:tion 190,002(1 )(a), Fla Stat. (1991), has fOUJ,d expressly that
the Community Dcvelopment District is <. solution to the managcment and capi .al infrastructure
financing problems faced by counti"s, In solving these problems, the Commurr ty Development
District also provides a method of servicing projected gro'"''th without over burd ming other local
governments and their taxpayers, Th.C Legislature has found the Community Devel.opment District,
a managcment entity, is a legitimate solution 10 infrastructure delivery challengeds,
It is also the expressed policy of the legislature that Community Developnent Districts are
a legitimate alternative method a\'ailable for usC by the private and public sectl1rs, as authorized
by stale law, to manage and finance ilasic services for community development." s. 190,002(2)(b),
Fla, Slat. (1999), This quoted langu~ge means that the District is a management tOI,l for both Collier
County and the petitioner, This management tool is to be used by both the dcvelorer and the county
as ~uthorizcd in chapter 190, Fla, S':at.
In section 190,002(1)(b), F'.a, Stat., the Lcgislature has found also that ,t is in the public
interest that" ...the operation of such a c.istrict and the exercise by the district of its powers be
consistent with applicable due process, disclosure, accountability, etbics and g<vemment-in-the-
slmshinc requirements," This law means that no decision of the Board of Superv: sors can be made
in sccret, and that Collier County wi 11 be given ample noticed opportunities to mc.nitor the excrcise
2
Agenda Item No, 8/\
April 25, 2006
Page 60 of 111
of the Board of Supervisors' special limited management powers, including those dealing with water
and sewer services, In other words, this lanj,'Uage mandates that the district board (If supervisors as
a local government works with the Collier County local government.
In regard to possible conflicts between general pUIpose local government laws and actions
of this Community Development District local government, the Legislature has stilted expressly as
its policy that the exercise by the district of its powers" ,..comply with all applicable governmental
laws, rules, regulations and policies governing planning and permitting of the dl'velopment to be
serviced by the district to ensure that neither the establishment nor operation of sllch a district is a
development order under chapter 380, Fla, Stat., and that the district so establisted does not have
any zoning or pennil'.ing powers governing developments," s, 190.002(2)(c), Fla, Stat. In addition,
section 190,003, Fla, Stat., provides that a Community Development District shall function in such
a manner".. .that all applicable plan/ring and permitting, rules, regulations and p)licies control the
development of the land to be servi;:ed by the District."
Even more illustrative of the Legislature's intent is its dispositive language in the "preemptive
and sole authority" section of the Uniform Community Development District .A ct. s, 190,004(3),
Fla, Stat.
First, the statute states specifically that "...[aJlI governmental, planning, mvironrnental and
land use development laws, regulations and ordinances apply to all development of the land within
a Community Development District." lfj, Since the Collier County Water-Sev'er District Special
Act is a law of Florida, it applies to all development within the land to be servic ~d by the proposed
Community Development District. Since "all development" includes by definition utility and other
services, the Collier County Water- Sewer District requirements apply to all developments in the
applicahle land area, even after th,~ establishment of the Community Developn lent District.
3
Agenda Item No, SA
April 25, 2006
Page 61 of 111
BEFORE THE BOARD OF CO:\1MISSIONERS
COLUER COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF COLLIER
IN RE:
PETITION TO E.STABLlSH THE
COPPER COVE COMMUNITY
DEVELOPMENT DISTRICT
AFFIDA VIT ADOPTlO~ WRITTEN, PRE. FILED TEST IMO~Y
STATE OF FLORIDA
COU~TY OF Collier
I, Craig Wrathell, Managing Partner of \Vrathell, Hart, Hunt & Associates LLC a Florida
corporation, being duly sworn. do hereby state for my aflidavit as follows:
1, I have personal knowledge of the matters set forth in this aftida\'it.
, My name is Craig ""rathell and I am Managing Partner of Wrathell, lart, Hunt &
Associates, LLC, a Flor. da corporation,
3, The prepared, wTitten, pre-fiied testimony, submitted under my name to Collier
County relating to the establishment of the Copper Cove Community Development
District. and attached hereto. is true and correct.
4. If! were asked the questions contained in the pre-filed testimony oraly at the Copper
Cove Community Development District establishment hearing on_
2006, my oral answers would be the same as the \\Titlen answers pre~.ented in my pre-
filed lesti mony,
Agenda Item No, SA
April 25, 2006
Page 62 of 111
5, My pre-filed testimony generally addresses the nature of the service, and facilities to
be provided by the proposed Copper Cove Community Development District, the
truth and accuracy oftlle Petition to establish the proposed District, ;md compliance
with the factors to be considered in the establishment of a communil y development
district,
Under penalties of perjury, I declare that I have read the foregoing and tle facts alleged
are true and correct to the best of my knowledge and belie[
Executive this Lday of n:h0 )c r-y ,2006,
Craig Wrathell, Managing Partner, Wrathell, Hart, Hunt & Associates. LLC, a Florida
corporation,
B
-===~
Wrathell. Managing Partner
SWORN TO and SUBSCRIBED before me by the Affiant, on this /sl- ,day c f
jeb=J,C! ,200-':>
,";....;~~i.. Katherine V, Selchan 401-1vw.'M 11', &~
,"'",",\.', C"mmISS"'" NDOl64110 Notarv Public State of Florida
'~_ '0.':, E"plres: Dec 22. 2006 'J
~~~~?o.~df:~" BondedThru
,.,,,..' AIJanuc Be,ndmg Co.. Inc. Ko..+k,.-',YlC: J. c:.:)t":J c...hO-V\
Typed Name of Noliuy Public
Personally Known
/
Type Identification produced _
Agenda Item No, SA
April 25, 2006
Page 63 of 111
2
TESTIMONY OF Craia A. Wrathell, Manaaina Pa"tner,
Wrathell, Hart. Hunt and Associates. LLC.
1. Please state your name and business address.
Craig Wrathell
Wrathell, Hart, Hunt & Associates
1200 NW, 17th Avenue, Suite 13
Delray Beach, Florida 33445
2. By whom are you employed and in what capacity?
Managing Partner
Wrathell, Hart, Hunt & Associates, LLC
3. And what is the nature of your firm's business?
Wrathell, Hart, Hunt and Associates, LLC is a management a1d financial
consulting firm headquartered in Delray Beach, Florida. The firm ~'fOvides four
general types of services to its clients:
Management and Treasury Services for Community Development District's
("COD")
Economic studies including market feasibility studies primarily to devdopers,
Long Term Strategic Planning Studies primarily to Community [Ievelopment
District's.
Preparation of Special Assessment Studies primarily to Community [Ievelopment
District's
4. Please describe your experience and credentials, including your
current employment.
Professional Credentials
Master of Arts, International Studies, University of Miami, 1997
Bachelor of Art, Political Scie,lce, Florida Atlantic University, 1995
Professional Organizations
Urban Land Institute, 2006
Aaenda Item No, SA
~ April 25, 2006
Page 64 of 111
Special Qualifications
Worked in the privat,~ sector for the past eight (8) years seJ'\'ing public as
well as private sector clients,
Established numerous Community Development Distncts (CDDs)
throughout the State of Florida.
Extensive experience in developing and designing tax exem:>t bonds for
eligible public infrastr"Ucture capital financing programs designed to meet
client needs and expectations.
Relevant Experience
Municipal Administration: First City Manager for the City elf Marathon,
Florida Keys State Area of O-itical Concern, for over two and one-hall (2.5) years,
with an annual budget of over $12.4 million; establishing ell municipal
departments, developing and implementing community redevelopme,t initiatives.
Administered in a sound fiscal manner; resulting in $4.3 million in reserves
earmarked for infrastructure related capital improvements; maintaining the
lowest millage rate of any full-service municipality in Monroe County. Aided
incorporation efforts for several new municipalities throughout t',e State of
Florida, and performed various administrative tasks and analysis \~ork for the
City of Weston, as assigned by the City Manager and Assistant City rvanager.
Negotiated transfer of $15 million in assets and funds flom Monroe
County.
Lobbied appropriations of $2.78 million wastewater funding in Governor's
Budget.
Secured over $1.6 million in grant funds from FRDAP, FDOT, a"d DCA.
Strong leadership role in development of City Comprehensi'/e Plan and
Land Development Regulations consistent with redevelopment initiatives.
Crated Town of Southwest Ranches Charter and presented local bill to
Broward County Legislative Delegation, resulting in their inCCirporation in
November 2000.
Special District Administration: Served as District Manager for over 50
Community Development Districts and Special Act Districts throughoJt the State
of Florida, developing and aelministering District Budgets totaling ove' $30 million
in annual revenues,
Administered issuance of over $300 million in tax exempt muricipal bonds
for community improvements,
Developed and administered budgets to fund administrative, operational
and maintenance needs, water and wastewater utility operatiom:, and debt
service obligations.
Agenda Item No, SA
April 25, 2006
Page 65 of 111
~
5. Please describe your educational background, with degN!es earned,
major areas of study, year of degree, institutions attended.
Master of Arts, Internationa I Studies, University of Miami, 1997
Bachelor of Art, Political Science, Florida Atlantic University, 1995
6. Do you hold any professional designations or certification s?
None
7. Are you a member of any professional association?
None
8. Prior to your current employment, by whom were you employed and
in what position?
Special District Services, Vice President
9. Have you previously worked with other COD petitions? Have you
previously prepared a Statement of Regulatory Costs ("SERC")?
Yes, most recently I prepared the petition to establish the Landm3rk of Doral
Community Development District in the City of Doral, Miami-Cade County
(granted establishment). Completed Statement of Estimated Regl'latory costs
for the newly forming Waterford Landing Community Development District in the
City of Fort Myers, Lee County,
10. Have you ever been qualified as an expert in the prel,aration of
such testimony regarding Community Development Districts:'
Yes
11. Please summarize your previous work experience relatirlg to COOs
and special districts in general?
Special District Administration: Served as District Manager 'or over 50
Community Development Districts and Speciai Act Districts throughoJt the State
of Florida, developing and administering District Budgets totaling ovel' $30 million
in annual revenues.
Administered issuance of over $300 million in tax exempt muricipal bonds
for community improvements,
Agenda Item No, SA
April 25, 2006
Page 66 of 111
-'
· Developed and administered budgets to fund administrativE, operational
and maintenance needs, water and wastewater utility operatiors, and debt
service obligations.
12. Where in Florida are the districts with which you have wGrked?
Statewide
13. Please list the proceedings in which you have been qualified as an
expert witness regarding the establishment (including c'Dntractions
and/or additions to) of COOs and the operation and manilgement of
COOs.
Establishment: Landmark at Dorell and Waterford Landing COOs.
Operation and Management of COOs: Beacon Lakes COD, Bluewaters COD,
Capron Trail COD, Caribe Palm COD, Century Gardens COD, Cutlm Cay COD,
Cypress Lakes COD, Deer Island COD, Dovera COD, Golden Lakes COD, Grand
Haven COD, HypoluxojHaverhill COD, Journey's End COD, Keys Cove COD, Lake
Ashton COD, Maple Ridge CDD, Midtown Miami COD, Oakridge COD, Port of the
Islands Community Improvement District, Quantum COD, Reserves I & II COOs,
Summerville COD, Terracina COD, Thousand Oaks CDD, ~:pring Lake
Improvement District, St. Lucie West Services District, Verona Walk COD,
Westchesters I - VI COOs, Stoneybrook Oaks COD, and Landmark at Doral CDD,
14. Do you consider yourself and expert in economic ardalysis and
forecasting in regard to COOs?
Yes
15. Are you familiar with the geographical areas, type, and scope of
development and the available services and facilities within ',:he Copper
Cove COO?
Yes
16. Are you familiar with the Petition filed to establish the Copper Cove
COO?
Yes, I am familiar with the Copper Cove COD area. I am also fami,iar with the
type and scope of development, and services and facilities available with the
Copper Cove COD.
Agenda Item No, SA
April 25, 2006
Page 67 of 111
4
17. What has been your role with respect to the Petition 1:0 Establish
(~Petition") Copper Cove Community Development Distrit:t ("Copper
Cove COD)?
I prepared the Statement of Estimated Regulatory Costs (SERC), and I have
provided the COD team with expert COD consulting services involving the
formation of the Copper Cove COD,
18. Please generally describe each of the exhibits attaclled to the
Petition.
Petition Exhibit 1 is a locatio,., map, Copper Cove COD.
Petition Exhibit 2 is a metes and bounds description of the Prop,)sed Copper
Cove COD.
Petition Exhibit 3 is the required written consent of the landowner to the
establishment of the Proposed Cooper Cove COD.
Petition Exhibit 4 the proposed timetable and the estimated related costs of the
construction for the Copper Cove COD,
Petition Exhibit 5 is a map of the Copper Cove CDD showing current major trunk
water mains, sewer interceptors, utilities and outfalls.
Petition Exhibit 6 is a the County Urban Mixed Use Residential designation and
Future Land Use Map (FLUM).
Petition Exhibit 7 the Statement of Estimated Regulatory Costs (SERe)
Petition Exhibits 8-A and 8-6 are the professional engineer ard planner's
discussion of the six factors for the establishment of the Copper Cove COD.
Petition Exhibit 9 is the acknowledgement of the County Water-Sewer District
19. Are the contents of the Petition and the exhibits attache:! to it true
and correct to the best of your knowledge as of the date your prepared
testimony is filed?
Yes,
20. Why is Colonial Homes, Inc. petitioning for an orcinance to
establish the Copper Cove COO?
Agenda Item No, SA
April 25, 2006
Page 68 of 111
The Proposed Copper Cove COO is the best alternative avallatJe to deliver
community development services to the area to be served. The COD will provide
a governmental entity to pmvide community services and facilities in a manner
that does not financially impact persons residing outside the C)O, and will
provide a responsible perpetual entity capable of making reasonable provisions
for operation and maintenance of the COD's services and facilities In the future.
The establishment of the COD will prevent the general body of taxpayers in
Collier County from bearing the burden for installation of the Infra!;tructure and
the maintenance of the above described facilities within the development
encompassed by the COO, and will be compatible with the capacity and uses of
existing local and regional services and facilities.
Let me ask you a few questions about certain opinions YOIl may have
based on your experience in COO management, r'~al estate
development and the development of lands within the C4:Ipper Cove
COO in particular.
21. Based on your experience in COO management, do you have an
opinion as to whether the proposed Copper Cove COO is of sufficient
size, sufficient compactness, and sufficient contiguity to be developed
as a functionally interrelated community?
Yes.
22. What is the basis for your opinion?
Based on my previous experience and my review of the exhibits to the Petition,
the proposed Copper Cove COD is of sufficient size, compactness arid contiguity
to be developed as a functional interrelated community.
23. Based on your experience, do you have an opinion as to whether
Copper Cove COO is the best alternative available 10 provide
community development services and facilities to the area that will be
served?
Yes,
24. What is your opinion and the basis for it?
The Copper Cove COD is the best alternative to provide community (Ievelopment
facilities to the area to be served. This is true for the landown,~rs and the
governmental entities for the following reasons:
Agenda Item No, 8A
April 25, 2006
Page 69 of 111
6
From the perspective of current and future property owners in ::opper Cove
COD, the COD is the best alternative for providing community facilities,
infrastructure, and services. The land development envisioned for the area in
the COD will require substantial provision of infrastructure, facilities and services.
The COD is an alternative method to provide these necessary servio~s, The COD
can access the tax-exempt public capital markets and thereby fund these
facilities and services at a lower cost than the alternative of develr,per funding.
Furthermore, unlike a homeowners association (HOA), the COD has :he power to
assess property and collect those assessments along with other pmperty taxes,
Therefore, a COD can fund large capital improvement programs that a HOA
cannot.
With regard to the operations and maintenance of community i'acilities and
services, the COO is also the best alternative, The COD is preferable to an HOA
or property owners association to future landowners for several re"sonS. First,
unlike a HOA, the COD collects funds for operations and maintenance directly
from assessments collected along with all other property taxes, a more assured
income stream. Unlike a HOA, a COO is a unit of local government and it must
hold its meetings in the sunshine and bid out its contracts. A C)O provides
control to the landowners much sooner in time than a HOA, A COO i; focused on
providing the community with services, facilities, and their maintenance in a way
the general purpose government, with its competing interests and broad
responsibilities, is not. This level of local control serves the best interests of
property owners in the COO,
From the perspective of the State of Florida, Collier County, an,j the water
management district, a COD is the best alternative for providing community
facilities and their operations and maintenance for a variety of reaSOlS. First, as
noted above, compared to an HOA, the COD is a more powerfd and more
responsive organization for providing and for maintaining infrast'ucture and
services. Second, with a COD, the County would have to as;ume some
responsibility for construction, operations, and maintenance of community
facilities and services. Even if the County formed a dependent district to provide
community facilities and services to the area to be served by th,,~ COD, and
charged appropriately for these services, the County would be enmf5hed in the
responsibilities and in the management. Furthermore, without d COD, the
County cannot be assured that only residents of the area to be se-ved by the
COD would bear the full costs of the needed facilities and services.
25. Based on your experience, do you have an opinion as to whether
the services and facilities to be provided by Copper Cove C~D will be
compatible with the land uses and existing local and regional facilities
and services?
}l,genda Item ,,jo, SA
April 25, 2006
Page 70 of 111
7
Yes.
26. What is your opinion and the basis for it?
The Copper Cove COD's facilities and services within the boundelries will not
duplicate any available regional services or facilities within the Copper Cove COD.
The COD will provide infrastructure services and facilities that do not overlap
with those provided by others and are required under the development
agreements governing the property.
27. Based on your experience, do you have an opinion as to whether
the area to be included within the Copper Cove COO is alTlendable to
bring served by a separate special district government?
Yes, I do. It is my opinion that the area designated to be included in the Copper
Cove COD is amenable to existence as a separate special district gov1ernment.
28. What is the basis for your opinion?
It is clear that the lands in the Copper Cove COD will continue to helve the need
for basic infrastructure.
The land area for the Copper Cove COD has previously been etaluated for
sufficiency of size, compactness, and contiguity and meets those tests.
Therefore, from a professional management perspective, the area to be served
by the proposed boundaries of the Copper Cove COD is clearly amenable to
separate special-district governance,
The Copper Cove COD has been shown the ability to provide facilities and
services to the benefit of its owners and residents, and the size and compactness
of the area will not be inconsistent with the Copper Cove COD's ,:apability to
provide those services.
Turning to the economic exhibits and OpiniOnS, we 'lIfill begin
addressing a portion of the Petition to Establish the Copper Cove COO
boundaries that relate to certain economic analysis matters. including
the exhibits and your expert opinions on economic analysis i!lsues.
29. Are you familiar with the S.E.R.C.?
Yes.
30. How familiar?
Agenda Item No, SA
April 25, 2006
Page 71 of 111
I prepared the SERC in accordance with the statutory requirements.
31. Are there any corrections required?
No. This exhibit is true and correct.
32. In general terms, please summarize the economic allalysis you
have presented in the SERC.
First, the boundaries of the Copper Cove COD will have no cost imp3ct on State,
County or city government beyond the processing of the Pe':.ition. The
processing costs are modest and will largely be offset by the filing;ees charged
for the formation of COD's. Second, the boundaries will have no negative
economic impact on the fu:ure residents of the COD. Third, the ':00 will not
have any impact on small businesses.
33. Please describe briefly the data and methodology YlIU used in
preparing the SERC and related analysis.
The data for the analysis came from the landowner, other experts working on
the Petition, and from the Petition itself. The methodology is a standard
economic impact assessment.
Turning now to the state and local comprehensive plan criteria of
Section 190.005(1)(e)2., do you have an opinion as to w'1ether the
establishment of Copper Cove CDD is inconsistent with any applicable
element or portion of the State Comprehensive Plan?
34. What is your opinion?
It is my opinion that the es-cablishment of the Copper Cove (DO is not
inconsistent with any appliGlble element or portion of the state cor1prehensive
plan.
35. What is the basis for that opinion?
I have reviewed, from a planning perspective, the State Comprehensive Plan,
particularly those portions which relate to COD's, The State of Florida
Comprehensive Plan (Chapter 187, Florida Statutes) "provides long.range policy
guidance for the orderly so:iat, economic, and physical growth of the state."
From a planning perspective, four subjects, subject 15, 20, 25, anj 17 of the
comprehensive Plan are relevant to the establishment of a COD.
36. What is Subject 15 and why is it relevant?
,A,genda Item No, SA
April 25, 2006
Page 72 of 111
9
Subject 15, entitled Land use, recognizes the importance of locating
development in areas that have the fiscal abilities and service capacity to
accommodate growth, It is relevant because CDD's are designed to provide
infrastructure services and facilities in a fiscally responSible manner to the areas
which can accommodate development. The establishment of the Copper Cove
CDD will not be inconsistent with this goal because Copper Cove CDD will have
the fiscal capability to pmvide the specified services and facilities within its
boundaries. The CDD area is currently raw land without any development. At
this time, the landowners intend to form one CDD to provide the CDD area with
infrastructure and community services.
37. What is Subject 20 and why is it relevant?
Subject 20, entitled Governmental Efficiency of the State Comprenensive Plan
provides that governments shall economically and efficiently provide the amount
and quality of services required by the public. The proposed Copper Cove CDD
will be consistent with this element because the proposed Copper C,we CDD will
continue to:
1. Cooperate with other levels of Florida government.
2. be established under uniform general law s:andards as
specified in Chapter 190, Florida Statutes;
3. be professionally managed, financed, and governed by those
whose property directly receives the benefits;
4, not burejen the general taxpayer with costs fOl services or
facilities inside Copper Cove CDD; and
5. Plan ancj implement cost efficient solutions for ':he required
public inFrastructure and assure delivery of selected services
to residE~nts.
38. What is Subject 25 and why is it relevant?
This subject calls for systematic planning capabilities to be integrilted into all
levels of government thmughout the state, with particular emphasis on
improving intergovernmental cool'dination and maximizing citizen involvement.
The proposed Copper Cove CDD will be consistent with this element )f the State
Comprehensive Plan because:
1. the proposed Copper Cove CDD will systematically plan for
the construction, operation and maintenance 01 the public
improvements and the community facilities authc:rized under
10
Agenda Item No, SA
April 25, 2006
Page 73 of 111
Chapter 190, Florida Statutes, subject to and not
inconsistent with the local government comprEhensive plan
and development regulations;
2. Copper Cove CDD meetings are publicly advertised and are
open to the public so that all Copper Cove CDD property
owners and residents can be involved in ;Jlanning for
improvements;
3. Section 189.415, Florida Statutes, requires Copper Cove CDD
to file and update public facilities reports with the County,
which it may rely upon in any revisions to the local
comprehensive plan.
39. Are there any other subjects within the State Comprehl~nsive Plan
which are relevant?
Yes, Subject 17 entitled Public Facilities, The applicable goal and policies of
Subject 17 relate to (i) protecting investments in existing public "acilities; (ii)
providing financing for new facilities, (iii) allocating the costs of new public
facilities on the basis of the benefits received by future re~.idents; (Iv)
implementing innovative but fiscally sound techniques for financing public
facilities; and (v) identifying and using stable revenue sources f Jr financing
public facilities.
40. Do you have an opinion, as someone with expertise in pl!anning, as
to whether the establishment of Copper Cove COD is inconsstent with
any applicable element or portion for the Collier County Coml,rehensive
Plan?
Yes.
41. What is that opinion?
The establishment of the Copper Cove CDD is not inconsistent with any
applicable element or portion of the Collier County Comprehensive Pic n,
42. What is the basis for this opinion?
Chapter 190, Flonda Statut,~s, prohibits any community developrr,ent district
from acting in a way inconsistent with the local governments' comprehensive
plan, and the exercising of any power must be done with the comprehensive
plan in mind. Thus, any activities of the CDD must be in compliance \vith County
procedures and the use of those powers granted to the CDD does I lot make it
Agenda Item No, SA
/\pril 25, 2006
Page 74 of 111
11
inconsistent with the local Collier County Comprehensive Plan, I helve examined
the Future Land Use Element (FLUE) of the Collier County Plan and the proposed
land uses within the proposed COD are consistent with the authorized uses
contained in the FLUE.
43. Does this conclude your testimony?
Yes.
12
Agenda Item No, SA
April 25, 2006
Page 75 of 111
BEFORE THE BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
ST A TE OF FLORIDA
COUNTY OF COLLIER
IN RE:
PETITION TO ESTABLISH THE
COPPER COVE COMMUNITY
DEVELOPMENT DISTRICT
AFfIDAVIT ADOPTION WRITTEN, PRE-FILED TESTIMONY
STATE OF FLORIDA
COUNTY OF COLLIER
I, David .-\, H)')1i, P,E, do hereby Slate for my affidavit as follows:
1. J have personal knowledge of the matters set forth in this aftidavit.
2, My name is David A. HJ)1i
3. The prepared, written, pre-filed testimony, submitted under my name to Collier
County relating to the e,;tablishrnent of the Copper Cove Community Development
District. and attached hereto, is true and correct.
4, If I were asked the questions contained in the pre-tiled testimony ora:]y at the Copper
Cove Community Development District establishment hearing on ,
2006, my oral answers would be the same as the written answers pre~ ented in my pre-
filed testimony,
Agenda Item No. SA
April 25, 2006
Page 76 of 111
5, My pre-Jiled testimony generally addresses the nature of the services and facilities to
be provided by the propr,sed Copper Cove Community Development District, the
truth and accuracy oflhc Petition to establish the proposed District, a'ld compliance
with the factors to be considercd in the establishment of a communit) development
district.
Under penalties of perjury, I declare that I have read the foregoing and tho" facts alleged
are true and correct to the best of my knowledge and belief,
Executed this -B_day of ,Lebr....."... '/ ,2006,
/
By
~'
Personally Known /'
Type Identification produced
a~~ tv. ~
Notary Public State o~
f'AtiiOLA f1 CAs!!'
Typed Name of NotaJ'y Public
P1JIELA ~ CASE
MY COMIlISSION . DO 393586
EXPII'ES: May 24, 2009
l:IanlMdThf't<<Itl",F'>lDlicl/nOel'<llril0l"O
Agenda Item No, SA
April 25, 2006
Page 77 of 111
2
TESTIMONY OF David A. Hyyti. P.E.
1. Please state your name and business address.
David A. Hyyti, P.E,
Q, Grady Minor and Associates, P.A,
3800 Via Del Rey
Bonita Springs, FI. 34134
2. By whom are you empl(lyed and in what capacity?
I am currently employed as a professional engineer with Q. Grady Minor and
Associates, P.A., and I am Vice President in the Company.
3. And what is the nature of your firm's business?
Q. Grady Minor and Associates, P.A" provides engineering, surveyinil/mapping,
land planning and landscape jesign services to private and governmE ntal clients
directly and through the use of sub-consultants,
4. Please describe your experience and credentials, including your
current employment.
I am a Registered Professional Engineer in the State of Florida with :: 1 years of
engineering experience,
5. Please provide your professional background, with degrees earned,
major areas of study, year of degree, and institutions attendee'l.
I graduated from Youngstown State University in OhiO in 1984 with a Bachelor of
Science in Civil Engineering and am currently enrolled in the EMBA program at
FGCU
6. Do you hold any professional designations or certifications?
I received my license as a Professional Engineer in the State of Florica in 1989,
P.E, #41036
7. Are you a member of anlY professional associations?
I'm a member of the Florida Engineering Society the National Society 0'
Agenda Item No, 8A
April 25, 2006
Page78of111
Professional Engineers and tile Urban Land Institute,
8. Prior to your current employment, by whom were you emllloyed and
in what position?
I was previously employed by EarthMark Companies directing development
activities on several of their land development projects. That work included the
establishment and implementation of two Community Development Districts.
One district is in Lee County and the other one is in Hillsborough Ccunty. Prior
to that I worked with Wilson~'1iller, Inc. as a land development project manager,
9. Do you consider yourself an expert in civil engineering?
Yes
10. Please describe your experience with civil engineering relating to
community development districts ("CDDs") and special districts?
I have provided engineering services for several COD's throughout my career
both as a developer's consultant setting up and establishing Districts and as
District Engineer during the ongoing operations of the several Districts. Those
Districts include: Herons Glen (CFM COD), Bay Creek COD, the Bayside:
Improvement District and the Brooks COD's in Lee County, the Riverwnod COD in
Charlotte County and the South Bay COD in Hilisborough County. I wc!s directly
responsible for the creation of the capital improvement project programs for
most of those districts resulting in the issuance of over $136,000,000 of capital
improvement bonds.
11. Do you consider yourself an expert in civil engineering, (,i1pable of
rendering expert opinions: on COOs, and specifically on infrclstructure
for COD services?
Yes
12. What has been you role with respect to the Petition to Establish
("Petition") Copper Cove Community Development District (~CDD")?
I created the Exhibit maps and the capItal improvement budget and rendered an
opinion regarding the six n the
13. Are you familiar with: the Petition filed to establish Copper Cove
COD?
2
Agenda Item No, SA
April 25, 2006
Page 79 of 111
I have reviewed the Petition ana its attachments, and I am familiar with the
materials,
14. Have you reviewed the contents of the Petition?
Yes
15. Are there any changes or corrections to the Petition at thi.; time?
Not that I am aware of,
16. Are there any changes or corrections to any of thl~ exhibits
attached to the Petition at. this time?
Not that I am aware of,
17. Are you generally familiar with the geographical areas, type, and
scope of development and the available services and facilites within
the Copper Cove COD?
Yes. I am familiar with the area within Copper Cove COD ("COD Ama"), I am
also familiar with the selVices and facilities available within Copper COle COD.
18. Please provide us with a brief description of Copper Cove COD
boundaries and location?
The proposed Copper Cove CDD is approximately 101.558 acres, as described by
the sketch contained in the Petition. It is located wholiy in unincorpor.Jted Collier
County, on the east side of County Road 951, approximately 3 mile(;) south of
the intersection of U.s. 41 and C.R. 951.
19. Please describe Exhibit "l-A and 1-8" (i.e., location map); Exhibit
"r sketch and metes and bounds legal description of the boundaries of
District:; and Exhibit 4 (i.e., map of the proposed stonnwal:er sewer
interceptors and outfalls, map of proposed water mains lmd force
mains, and the map of the existing infrastructure) of the Petition.
Exhibit 1-A is general project location map showing the proposed District's
location within Collier County relative to major roadways.
Exhibit 1-B is an aerial overlay of the proposed district showing it's ori~ntation to
adjacent projects.
Agenda Item No, SA
April 25, 2006
Page 80 of 111
Exhibit 2 is a sketch and written legal description of the District boundary which
contains approximate 101.558 acres.
Exhibit 4 is a map prepared by Grady Minor depicting the proposed site
development plan and the primary infrastructure service locations.
20. Are the contents of the Petition and exhibits attached to it true and
correct to the best of your knowledge as of the date your prepared
testimony is flied?
Yes
Let me ask you a few questions about certain opinions you may have
based on your experience with COOs, civil engineering, "lal estate
development, and the development of lands within Copper Cove COD in
particular.
21. Based on your experience, do you have an opinion as te. whether
the proposed Copper Cove COD is of sufficient size, sufficient
compactness, and sufficient contiguity to be develop.!d as a
functionally interrelated community?
Yes
22. What is your opinion?
Based on my previous experience and review of the Petition and exhibits
attached thereto, the proposed Copper Cove CDD is of suffi:ient size,
compactness and contiguity to be developed as a functional i~terrelated
community.
23. What is the basis for your opinion?
The project is basically a square and could not be much more conpact. The
proposed land use and development of the land has been planned to be a
functional interrelated community.
24. Based on your experience, do you have an opinion as to whether a
COD is the best alternative available to provide c(lmmunity
development senrices and facilities to the area that will be serl/ed?
Yes.
4
Agenda Item No, SA
April 25,2006
Page 81 of 111
25. What is your opinion and the basis for your opinion?
Based on my experience, the lower rate tax exempt financing available through a
CDD is more economical tnan other sources of developer fund ng for the
construction of community infrastructure. A District also p "Ovides for
professional long term manageme:Jt of the ongoing maintenance operations of a
community,
26. Based on your experience, do you have an opinion as tr) whether
the services and facilities to be provided by the proposed CI)O will be
compatible with the uses and existing local and regional facilities and
services?
Yes
27. What is the basis of your opinion?
Copper Cove CDD facilities ar,d services will provide those services t lat are not
provided by Collier County such as landscape and irrigation maintenance, lake
maintenance and exotic control. Water and sewer facilities installed by the
District will be turned over to Collier County for ownership and maintenance so
as to not duplicate efforts in providing services to the community.
28. Based on your experience, do you have an opinion as tc. whether
the area to be included within the proposed COO is amenabh~! to being
served by a separate special district government?
Yes, I do. It is my opinion chat the area designated to be included in Copper
Cove CDD is amenable to continued existence as a separate spe,:ial district
government.
29. What is the basis for y,)ur opinion?
It is clear that the development within Copper Cove CDD will contin'Je to have
the need for basic infrastructure services,
The land area for Copper COile CDD has been evaluated for sufficier cy of size,
compactness, and contiguity and meets those tests. Therefon~, from a
professional management perspective, the area to be served by Ccpper Cove
CDD is clearly amenable to separate special-district governance.
The proposed Copper Cove C')D has the ability to provide facilities ard services
to the benefit of its owners and residents, In an efficient and effective manner.
Aqenda Item t-Jo, 8A
- April 25, 2006
Page S2 of 111
30. Turning now to the state and local comprehensive plan criteria of
Section 190.005(1)(e)2., do you have an opinion as to wllether the
establishment of the proposed CDD is inconsistent with any applicable
element or portion of the State Comprehensive Plan?
Yes
31. What is your opinion?
It is my opinion that the establishment of Copper Cove COD is not nconsistent
with any applicable element or portion of the state comprehensive plan.
32. What is the basis of your opinion?
I have reviewed the State Comprehensive Plan, particularly those portions which
relate to COD's. The State of Florida comprehensive Plan (Chapter 187, Florida
Statutes) "provides long-range policy guidance for the orderly social, economic,
and physical growth of the state." From a community development ~!erspective,
four subjects, subject 15, 20, 25, and 17 of the State Comprehensiwe Plan are
relevant to the establishment of a COD.
33. What is Subject 15 and why is It relevant?
Subject 15, entitled Land use, recognizes the importance (if locating
development in areas that have the fiscal abilities and service capacity to
accommodate growth in and envimnmentally sensitive manner. It is relevant
because CDD's are designed to provide infrastructure services and facilities in a
fiscally responsible manner to the areas which can accommodate de'"elopment.
The establishment of the Copper Cove COD will not be inconsistent wilh this goal
because Copper Cove COD will have the fiscal capability to provide the specified
services and facilities within its boundaries. The COD area is cLlrrently an
undeveloped RPUD, once established, the COD will provide the area with
infrastructure and community services as need to accommodate tbe planned
growth.
34. What is Subject 20 and why is it relevant?
Subject 20, entitled Governmental Efficiency provides that governlT1ents shall
economically and efficiently provide the amount and quality of serviCES required
by the public. The proposed Copper Cove COD will be consistent with this
element because the COD will continue to:
1. Cooperate with other levels of Florida government.
6
Agenda Item No, SA
April 25, 2006
Page 83 of 111
2, be estaDlished under uniform general law st3ndards as
specified in Chapter 190, Florida Statutes;
3, be professionally managed, financed, and govem~d by those
whose p~operty directly receives the benefits;
4, not burden the general taxpayer with costs for services or
facilities :nside Copper Cove CDD; and
5. Plan and implement cost efficient solutions for t1e required
public in:'rastructure and assure delivery of seleded services
to residents.
35. You also mentioned Subject 25. What is this and why is it
relevant?
This subject calls for systematic planning capabilities to be integra.:ed into all
levels of government throughout the state, with particular emphasis on
improving intergovernmental coor:lination and maximizing citizen involvement.
The proposed Copper Cove COO will be consistent with this element cf the State
Comprehensive Plan because:
1. The proposed Copper Cove COD will systematically plan for
the construction, operation and maintenance of the public
improvements and the community facilities authorized under
Chapter 190, Florida Statutes, subject to and not
inconsistent with the local government comprehE.nsive plan
and development regulations;
2. Copper Cove CDO meetings are publicly advertis(~d and are
open to :he public so that all Copper Cove CD!) property
owners and residents can be involved in plcmning for
improvements;
3. Section 189.415, Florida Statutes, requires Copper Cove COD
to file and update public facilities reports with the County,
which it may rely upon in any revisions to the local
comprehensive plan.
36. Are there any other subjects within the State Comprehensive Plan
which are relevant?
Yes, Subject 17 entitled Public Facilities. The applicable goal and :Jolicies of
Subject 17 relate to (i) protecting investments in existing public fa( ilities; (ii)
planning and providing financing for new facilities, (iii) allocating th~ costs of
new public facilities on the basis of the benefits received by future resi ients; (iv)
implementing innovative but fiscally sound techniques for financing public
facilities; and (v) identifying and using stable revenue sources for financing
public facilities.
Agenda Item No, SA
April 25, 2006
Page S4 of 111
7
The proposed COD incorporates all of these policies and is recognized by Chapter
190 as an alternative method to manage and finance services for community
development.
37. Do you have an opinion, as someone with expertise in community
development, as to whether the establishment of Copper Co,ve COD is
inconsistent with any applicable element or portion of tile Collier
County Comprehensive Plan?
Yes.
38. What is your opinion?
The establishment of the Copper Cove COD is not inconsistent with any
applicable element or portion of the Collier County Comprehensive Plan,
What is the basis for this opin on?
Chapter 190, Florida Statutes, prohibits any community developm'~nt district
from acting in a way inconsistent with the local governments' comprehensive
plan, ordinances, or regulations. Thus, any activities of the COD r~ust be in
compliance with County procedures and the use of those powers granted to the
COD does not make it inconsistent with the local Collier County Com::>rehensive
Plan. I have aiso examined the Future Land Use Element (FLUE) of the Collier
County Plan and the proposed land uses within the proposed COD are consistent
with the authorized uses contained in the FLUE.
39. Does this conclude your testimony?
Yes.
g
Agenda Item No, SA
April 25, 2006
Page S5 of 111
BEFORE THE BOARD OF COMMISSIONERS
COLLIER COU1WY, FLORIDA
STATE OF ALABAMA
COUNTY OF MONTGOMERY
INRE:
PETITIOl'\ TO EST ABLlSH THE
COPPER COVE COMMUNITY
DEVELOPMENT DISTRICT
AFFIDA VIT ADOPTIOl'l WRITTEN, PRE-FILED TESTiMONY
STATE OF ALABAMA
COUNTY OF MONTGOMERY
r. Alan S, Farrior, President of Colo'lial Homes, Ine,. an Alabama corporation. b( ing duly sworn,
do hereby state for my afJida\'it as f"llows:
J. I have personal knowledge of the matters sel forth in this afJidavit.
2, My name is Alan S, Farrior and I am President of Colonial Homes. In :.. an Alabama
corporation,
3, The prepared, written. pr,,-filed testimony. suhmitted under my name 0 Collier
County relating to the estahlishment of the Copper Cove Community :)evelopment
District. and attachcd hereto, is true and correct.
4. If I were asked the questims contained in the pre-filed testimony orall ( at the Copper
Cove Community Development District estahlishment hearing on _~_,
2006, my oral answers would be the same as the written answers presented in my pre-
filed testimony,
Agenda Item No, 8A
April 25, 2006
Page 86 of 111
5, My pre-filed testimony generally addresses the nature of the services and facilities to
be provided by the proposed Copper Cove Community Developmel;t District, the
truth and accuracy of the Petition to establish the proposed District, and compliance
with the factors to be consid<'red in the establishment of a communi y development
district.
Under penalties of perjury, I declare that [have read the foregoing and the facts alleged
are true and correct to the best of my knowledge and belief
Executive this J (011. day I)f January, 2006,
by , an Alabama corporation, its general pa
SWORN TO and SUBSCRlBED bcfore me by the Affiant, on thi~ day c f January, 2006,
Personally Known ~____
Type Identification produced _ ,
Agenda Item No, SA
April 25, 2006
Page S7 of 111
2
Copper Cove Community Development Di5:trict
Testimony of Alan S. Parrior, President of Colonial
Homes, Inc.
1. Please state your name and business address.
My name is Alan S, Farrior, My business address is 2000 Interstate Park Drive,
Suite 400, Montgomery, Alabama 36104
2. By whom are you employed and in what capacity?
I am the President of Colonial Homes, Inc.
3. Please describe your duties in this position.
As President, I am responsible for the overall corporate development philosophy
for the developments we build, and for the oversight of all operations of the
Company.
4. Please describe your experience and credentials, inclu:ling your
current employment.
I have been in the land development business and homebuilding business for 28
years and am currently Presiljent and Chief Executive Officer of Colollial Homes,
Inc. and Lowder New Homes, Inc. I also serve as a Life Director IJn National
Association of Home Builders.
5. How long have you held this position?
I have been President and Clllef Executive Officer of Colonial Homes Inc. since
inception and for 16 years as President and Chief Executive Officer of Lowder
New Homes, Inc.
6. Are you generally familiar with the geographic areas, ':ype, and
scope of development and the available services and facilities within
the proposed Community Development District to be known O1S Copper
Cove Community Development District?
Yes. I am familiar with the Copper Cove COD area. I am also familj~r with the
type and scope of development and the available services and facilitie~ within the
Copper Cove COD.
Agenda Item No, 8/\
April 25, 2006
Page S8 of 111
Copper Cove Community Development Di!:trict
Testimony of Alan S. Parrior, President of Colonial
Homes, Inc.
7. Please describe your involvement with the Petition for an Ordinance
to Establish the Copper Cove Community Development District
("Petition")?
I have been involved with the formation of the Copper Cove CDO since its
inception. I was involved in the planning stages of the Copper Cove COO, and in
the preparation of the COD Petition and exhibits,
8. Have you reviewed the contents of the Petition?
Yes, I have reviewed and approved the contents of the Petition and tile Exhibits.
9. Are there any changes or corrections to any of the Exhibit. attached
to the Petition at this time?
No.
10. Are the contents of the Petition and Exhibits true and conrect to the
best of your knowledge?
Yes.
11. In response to this Petition, what action has Collier County Taken?
Collier County published a notice of the publiC hearing once a week for five
consecutive weeks in the Naples Daily News. A copy of the proof of publication
was submitted at the commencement of the hearing.
12. Approximately how large is the land area proposed to be in the
Copper Cove COO?
Approximately 101.5 acres.
13. Who are the Owners of the proposed land to be included in the
Copper Cove COD?
Colonial Homes, Inc. is the sole landowner of the proposed land within the
Copper Cove COD.
Agenda Item No, SA
April 25, 2006
Page 89 of 111
2
Copper Cove Community Development Di!;trict
Testimony of Alan S. Parrior, President of Colonial
Homes, Inc.
14. Have the Owners Provided and Affidavit of Ownership and Consent
to the Creation of the Copper Cove CDD?
Yes.
15. Does this conclude your testimony?
Yes.
Agenda Item No. 8A
April 25, 2006
Page 90 of 111
Agenda Item No, SA
April 25, 2006
Page 91 of 111
A TT ACHMENT 2
STAFF ANALYSIS RELATIVE
TO THE SIX (6) FACTORS
FOR COMMUNITY DEVELOPMENT DISTRICT FORMATION
FOR COPPER COVE CnD
Back2round:
Section 190.005, Florida Statutes, outlines the specific content required in a Community
Development District (CDD) petition and further outlines six factors for the Board of County
Commissioners to consider in determining whether to grant or deny a petition for the
establishment of a CDD, as follows:
1. Whether all statements contained within the petition have been found to be true
and correct.
2. Whether the creation of the district is inconsistent with any applicable element or
portion of the state comprehensive plan or of the effective local government
comprehensive plan.
3. Whether the area of land within the proposed district is of sufficient size, is
sufficiently compact, and is sufficiently contiguous to be developable as one
functional interrelated community.
4. Whether the district is the best alternative available for delivering community
development services and facilities to the area that will be served by the district.
5. Whether the community development services and facilities of the district will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
6. Whether the area that will be served by the district is amenable to separate
special-district government.
Comprehensive Planning staff has reviewed the six factors referenced above and makes the
following findings with regard to the proposed Copper Cove Community Development District:
1. Whether all statements contained within the petition have been found to be true and
co rrect.
Comprehensive Planning Department staff, along with the staffs of the County Attorney's Office,
the Utilities Engineering Department and the Transportation Planning Department, has reviewed
the referenced Community Development District petition. Based upon the review of the petition
and sufficiency information. staff believes that the infornlation found within these documents is
substantially true and correct.
2. Whether the creation of the district is inconsistent with any applicable element or
portion of the state comprehensive plan or of the effective local government
comprehensive plan.
Agenda Item No, SA
April 25, 2006
Page 92 of 111
The Copper Cove Preserve P.U.D. is not approved for Deve]opment of Regiona] Impact (DRI),
however, as part of the appro va] process, the development was found to be consistent with the
Growth Management Plan in effect at that time. The entire P.U.D. is designated Urban - Mixed
Use District, Urban Coastal Fringe Subdistrict on the Collier County Future Land Use Map.
The proposed COD would be a unit of local government established specifically for the purpose
of carrying out the approved Master Deve]opment Plan and commitments of the Copper Cove
Development. The CDD does not authorize any form or amount of development not previously
approved by the Board of County Commissioners. Therefore, staff finds that the establishment
of the COD is consistent with the Collier County Growth Management Plan.
As to consistency with the State Comprehensive Plan, the County staff notes that the COD
process is established within Section 190 of the Florida Statutes. The petitioner has not deviated
from the standard process, as established by the Statute. Section 187.201, Florida Statutes,
contains the text of the State's Comprehensive Plan. Subsection (2)(a) is the State Plan Goa] for
Governmental Efficiency, which reads as follows:
" Goal. --Florida governments shall economically and efficiently provide the amount and
quality of services required by the public."
Policy 2 within this goal area reads as foIlO\\'s:
"2. Allow the creation of independent special taxing districts which have uniform
genera] law standards and procedures and do not overburden other governments and their
taxpayers while preventing the proliferation of independent special taxing districts which do not
meet these standards."
As an "independent special taxing district". the proposed COD ]s consistent with the State
Comprehensive Plan.
3. Whether the area of land within the proposed district is of sufficient size, is
sufficiently compact, and is sufficiently contiguous to be developable as one
functional interrelated communi!)'.
The proposed Copper Cove Community Deve]opment District. if approved, would be within the
size range of severa] other COOs \vithin Collier County. For instance. the Pine Air Lakes COD
is comprised of 149.9 acres and the Key Marco/Horr's Is]and COD is comprised of
approximately 174 acres. Based upon previous experience and the subsequent success of other
Collier County COOs, Comprehensive Planning Department staff believes that the Copper Cove
Community Development District meets the above criteria.
4. Whether the district is the best alternative available for delivering community
development services and facilities to the area that will be served by the district.
As noted within Exhibit 7 of the COD petition. there are numerous alternatives available for the
provision of infrastructure and services by and for an approved development. These include, but
are not limited to the following: private funding procured by the developer; establishment of a
")
Agenda Item No, SA
April 25, 2006
Page 93 of 111
homeowners assocJatlOn; establishment of a Municipal Services Taxing Unit (MSTU);
establishment of a Municipal Services Benefit Unit (MSBU); establishment of a Community
Improvement District (limited to drainage and irrigation related improvements); establishment of
a County-managed special purpose district; or direct County management. All of these
alternative options have various legal, financial or other limitations on their operations or do not
provide a focused, compact approach to the provision of infrastructure and services. Therefore,
staff finds that establishment of the proposed CDD is the best alternative available for delivering
community development services and facilities to the area that will be served by the proposed
district.
5. Whether the community development services and facilities of the district will be
incompatible with the capacity and uses of existing local and regional community
development services and facilities.
The proposed CDD cannot develop any facilities and services that are incompatible with the
surrounding area. This is because the CDD's sole purpose is to implement conditions and
developer commitments that were part of the original P.U.D. approval. The District Board of
Supervisors will not have the legal authority to implement any facilities, services or development
that would be inconsistent with its existing development approvals.
6. Whether the area that will be served by the district is amenable to separate special-
district government.
Based upon staff findings concerning the previous five criteria, Comprehensive Planning
Department staff finds that the subject area for the proposed COD is amenable to special district
government. Furthermore, staff recommends that the Board of County Commissioners adopt the
Ordinance, as contained in Attachment 1, establishing the Copper Cove Community
Development District.
'"l
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Policy Number SOC 497593
* ...~* * ...
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SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED
IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS,
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the:
Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule Ai
sustained or incurred by the insured by reason of:
1, Title to the estate or interest described in Schedule A being vested other than as stated therein:
2, Any defect in or lien or encumbrance on the title:
3, Unmarketability of the title;
4, Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in deiense of the tithl,
as insured, but only to the extent provided In the Conditions and Stipulations.
IN WITNESS WHEREOF, the said Old Republic National Title Insurance Company has caused its
corporate name and seal to be hereunder affixed by its duly authorized officers as of the date shown in Schedule A, the policy to be valid when
countersigned by an authorized officer or agent of the Company
Issued through the Office of:
OlO REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Srock Company
400 Second Avenufl South. MinnS8fJoNs, Minnesota 5540'
(612)371-1117
.,'HU.j,~
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By
ORT Form 331 ALTA Owner's POlicy 10-17-92
with Honda modifications
SecretaI}'
I
OLD REPUBU\..- NATIONAL TITLE INSURA~cE COMPANY
OWNER'S POllCY
Schedule A
Agenda Item No, SA
April 25, 2006
Pa e 95 of 111
Policy No.:
SDC-497593
Effective Dale:
May 5. 2004 @ 01:38 PM
Agent's File Reference:
THO COLON SMELA
Amount of Insurance: $11,500,000.00
1. Name of Insured: COLONIAL HOMES, INC.
2. The estate or interest in the land described herein and which is covered by this policy is a fee simple (if other, specify
same) and is at the effective date hereof vested in the named insured as shown by instruments recorded in Official
Records Book 3556, Page 1619, and Official Records Book 3556. Page 1622, all of the Public Records of Collier
County, Florida,
3, The land referred to in this policy is described as follows:
See Exhibits" A" and "B" attached hereto,
Agent No.: B09099
Issuing Agent:
HENDERSON, FRANKLIN, STARNES &
HOLT, P.A. (Fort Myers)
1715 Monroe St.
P. O. Box 280
Fort Myers, FL 33902
~ A~1!:;e
THOMAS H. GUNDERSON
Attorney at Law
Form OPM,SClI A
(rev. II9S)
DoubleTImefi)
OLD REPUBLl~ NATIONAL TITLE INSURA~CE COMPANY
OWNER'S POUCY
Schedule B
Agenda Item No, SA
April 25, 2006
Page 96 of 111
Policy No,:
SDC-497593
Agent's File Reference:
THG COLON SMELA
This policy does not insure against loss or damage by reason of the following exceptions:
1. Taxes for the year of the effective date of this policy and taxes or special assessments which are not shown as existing
liens by the public records.
2, Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured
hereunder. including submerged. filled or artificially exposed lands and lands accreted to such lands.
3, Subject land lies within the boundaries for Solid Waste Collection. Collier County. and will be subject to future
assessments for said collection services, The assessments for the current year are payable with the ad valorem taxes.
4, Any lien provided by Chapter 159, Florida Statutes, in favor of any municipality or authority for unpaid charges for
services by any water. sewer or gas system to the land described herein,
5. The nature. extent and existence of riparian rights are not insured.
6. Right-of-Way Agreement recorded in Official Records Book 817. Page 219. Collier County, Florida. (as to Exhibit A-
Section 11)
7, Easement granted to Florida Power & Light Company recorded in Official Records Book 1157. Page 753, Collier
County. Florida, (as to Exhibit A-Section 11)
8. Right-of-Way Agreement granted to Florida Power and Light Company recorded in Official Records Book 831. Page
1470. Collier County. Florida, (as to Exhibit A-Section 14)
9. Dedications. easements and other matters stated and shown on map of Pelican Lake R,V. Resort Unit One recorded at
Plat Book 27, Pages 82 through 85, of the Public Records of Collier County. Florida. (as to Easement Parcel)
10. Dedications, easements and other matters stated and shown on map of Pelican Lake R.V, Resort Unit Four recorded at
Plat Book 30, Pages 16 through 18, of the Public Records of Collier County. Florida, (as to Easement Parcel)
11, Dedications, easements and other matters stated and shown on map of Fiddler's Creek Phase 1 B, Unit Three recorded
at Plat Book 29. Pages 77 through 85. of the Public Records of Collier County. Florida. (as to Easement Parcel)
12. Easement for roadway as described in Deed recorded in Official Records Book 178, Page 452; and partially vacated by
Vacation of Easements recorded in Official Records Book 2783. Page 2615. Public Records of Collier County,
Florida, (as to Easement Parcel)
13, Mortgage in the sum of $1,000,000,00 from COLONIAL HOMES. INC., a Florida corporation, to CHAMPION
LAKES DEVELOPMENT. u.c. recorded 5/512004 in Official Records Book 3556, Page 1626, of the Public Records
of Collier County, Florida,
Form OPM-SCH B
(rev. 5/94)
DoubleTlmell
OR: 3556 PG: .46~9dailtem No, 8A
, April 25, 2006
, Page 97 of 111
A PARCEL OF LAND LOCATED IN THE SOU1HWEST 1/4 OF SECTION 11 AND 1lIE
NORlHWEST 1/4 OF SECTION 14, TOWNSInP 51 SOunl, RANGE 26 EAST, COlLIER
COUN1Y, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGIN AT THE SOUlHWEST CORNER OF SECTION 11, TOWNSInP 51 SOUTH, RANGE
26 EAST, COLLIER COUNlY, FLORIDA; TIlENCE RUN NORm 01058'30" EAST, ALONG
THE WEST LINE OF THE SOUlRWEST 1/4 OF SAID SECTION II, FORA DISTANCE OF
977.17 FEET; nmNCE RUN SOUIH 88014'03" EAST FORA DISTANCE OF 440.00 FEET;
lHENCERUN SOUIHOI058'30ft WEST FORA DISTANCE OF 101.13 FEET; THENCE
RUN NORm 8S00S'15ft WEST FORA DISTANCE OF 40.00 FEET; THENCE RUN soum
01058'30" WEST FOR A DISTANCE OF 108.24 FEET; THENCE RUN soum 8800S'IS"
EAST FOR A DISTANCE OF 327.16 FEET TO A POINT ON A CIRCULAR CURVE,
CONCAVE SOUfHEAST, WHOSE RADIUS POINT BEARS SOUm: 8S0 17' 11 ft EAST, A
DISTANCE OF 140.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY, ALONG
THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 140.00 FEET,
TIlROUGH A CENTRAL ANGLE OF 90002'49", SUBTENDED BY A CHORD OF 19S.07
FEET AT A BEARING OF NORm 46044'W EAST, FOR A DISTANCE OF 220.03 FEET TO
THE END OF SAID CURVE; 'IHENCE RUN soum 880l4'22ft EAST FOR A DISTANCE
OF 510.14 FEET TO A POINT ON 1lIE EAST LINE OF THE SOUIHWEST 1/4 OF 1lIE
SOUlHWEST 1/4 O}1' SAID SECTION 11; THENCE RUN SOUm: 01042'49" WEST, ALONG
THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUlHWEST 1/4 OF SAID SECTION
11, FORA DISTANCE OF 910.75 FEET TO A POINT ON THE soum LINE OF 1HE
SOUlHWEST 1/4 OF SAID SECTION 11; THENCE RUN SOUm: 88005'18" EAST, ALONG
THE soum LINE OF THE SOUTHWEST 1/4 OF SAID SECTION II, FORA DISTANCE
OF 690.46 FEET TO A POINT ON 1HE EAST LINE OF THE WEST 1/2 OF THE
NORTHEAST 1/4 OF THE NORllIWEST 1/4 OF SECTION 14, TOWNSInP 51 SOUTH,
RANGE 26 EAST, COLLIERCOUN1Y, FLORIDA; THENCE RUN SmITHOOo01'41n
WEST, ALONG.TIIE EAST LINE OF TIlE WEST 1/2 OF THE NORlHEAST 1/4 OF 1lIE
NORTIlWEST 1/4 OF SAID SECTION 14, FOR A DISTANCE OF 1,389.59 FEET TO A
POINT ON nm soum LINE OF THE NORm 112 OF TIlE NORllIWEST 1/4 OF SAID
SECTION 14; lHENCE RUN NORm 88"20'44ft WEST, ALONG THE soum LINE OF THE,
NORm 1/2 OF THE NOR11IWEST 1/4 OF SAID SECTION 14, FOR A DISTANCE OF '
2,077.67 FEET TO THE SOUTHWEST CORNER OF THE NORm 1/2 OF THE
NORTIlWEST 1/4 OF SAID SECTION 14; 11lENCE RUN NORm oo017'SOft EAST, ALONG
THE WEST LINE OF THE NORTIiWEST 1/4 OF SAID SECTION 14, FOR A DISTANCE OF
1.398.73 FEET TO THE POINT OF BEGINNING; CONTAINING 94.732 ACRES, MORE OR
LESS.
lof2
OR: 3556 PG:
AND
KRESSE PARCEL
TIIAT PORTION OF THE NORlH 1/2 OF TIlE NORTII112 OF SECTION 15,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COlLIER COUNTY, FLORIDA, LYING
EASTERLY OF STATE ROAD 951 (ISLE OF CAPRI ROAD), LESS AND EXCEPT
TIlE SOUUlERLY 1,100.00 FEET lHEREOF AND LESS AND EXCEPT THE
NORTHERLY 220.00 FEET THEREOF; CONTAINING 6.826 ACRES, MORE OR
LESS.
AND
EASEMENT PARCEL
TOGETHER with those certain non-exclusive right-of-way easements for ingress and
egress as more particularly described by Deeds recorded in Official Records Book 189,
page 327; Official Records Book 234, page 869 and Official Records Book 234, page
383, Lee County, Florida.
2of2
U:3Bda~1 Item No, SA
A ril 25, 2006
Pa e 98 of 111
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EXCLUSIONS FROM COVEr -0
The following matters are expressly exclu~vu from the coverage
of this policy and the Company will not pay loss or damage, costs,
attorneys' fees or expenses which may arisE!" by reason of:
1. (al Any law, ordinance or governmental regulation !including but
not limited to building and zoning laws, ordinances, or regulationsl
restricting, regulating, prohibiting or relating to (i) the occupancy, use,
or enjoyment of the land; liil the character, dimensions or location of
any improvement now or hereafter erected on the land; (iid a
separation in ownership or a change in the dimensions or area of the
land or any parcel of which the land is or was a part; or (ivl
environmental protection, or the effect of any violation of these laws,
ordinances or governmental regulations, except to the extent that a
notice of the enforcement thereof or a notice of a defect lien or
encumbrance resulting from a violation or alleged violation affecting
the land has been recorded in the public records at Date oi Policy,
Ibl Any governmental police power not excluded by (a) above,
except to the extent that a notice of the exercise thereof or a notice
of a defect, lien or encumbrance resulting from a violation or alleged
violation affecting the land has been recorded in the public records at
Date of Pol icy.
2, Rights of eminent domain unless notice of the exercise thereof
has been recorded in the public records at Date of Policy, but not
excluding from coverage any taking which has occurred prior to Date
of Policy which would be binding on the rights of a purchaser for
value without knowledge,
3, Defects, liens, encumbrances, adverse claims or other matters:
(al created, suffered, assumed or agreed to by the insured
claimant;
Ibl not known to the Company, not recorded in the public
records at Date of Policy, but known to the Insured claimant and not
disclosed in writing to the Company by the insured. claimant prior to
the date the insured claimant became an Insured under this policy;
icl resulting In no loss or damage to the Insured claimant;
Idl attaching or creating subsequent to Date of Policy; or
Ie) resulting In loss or damage which would not have been
sustained if the insured claimant had paid value for tne estate or
interest insured by this policy,
4. Any claim, which arises out of the transaction vesting in the
Insured the estate or interest insured by this policy, by reason of the
operation of federal bankruptcy, state insolvency, or similar creditors'
nghts laws. that is based on:
(al the transaction creating the estate or interest insured by this
policy being deemed a fraudulent conveyance or irauduient transier, or
(bl the transaction creating the estate or interest insured by this
policy being deemed a preferential transfer except where the
preferential transfer results from the failure
Ii) to timely record the instrument of transfer; or
Iii) of such recordation to impart notice to a purchaser for
value or a Judgment of lien creditor.
CONDITIONS AND STIPULATIONS
/, Definition of Terms
The follOWing terms when used In this policy mean
la) "insured": the insured named in Scheduie A, and, subject to
any fights or defenses the Company would have had against the
named insured, those who succeed to the Interest of the named
insured by operatIOn of law as distmguished from purchase including,
but not limited to, heirs, d,stributees. devisees, survivors, personal
representatives, next of kin, or corporate or fiduciary successors.
Ibl '"insured claimant": an insured claiming loss or damage.
Ic) "knowledge" or "known" actual knowledge, not
constructive knowledge or notice which may be Imputed to an Insured
by reason of the public rr ) as defined in this policy or ~py_r i Item J'ljo 8A
records which impart COnSl,yctlve notice of matters affecting"fh'e' I~~II r'1 25 2606
(dl "land". the land described or referred to in Schedule toM1P ; 0 'f ~
imprO\lements affixed thereto which by law constitute real property, ~ 0 0 I 11
The term "land" does not include any property beyond the lines of
the area described or referred to in Schedule A. nor any
right, title, interest, estate or easement in abutting streets, roads,
avenues, alleys, lanes, ways or waterways, but nothing herein shall
modify or limit the extent to which a right of access to and from the
land is Insured by this policy.
lei "mortgage": mortgage, deed of trust trust deed, or other
security instrument.
(fl "public records": records established under state statutes at
Date of Policy for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and without
knowledge, With respect to Section lIa)(iv) of the Exclusions from
Coverage, '"public records" shall also include environmental protection
liens filed in the records of the clerk of the United States District
Court for the district in which the land is located,
(g) "unmarketability of the title": an alleged or apparent matter
affecting the title to the land, not excluded or excepted from
cO\lerage, which would entitle a purchaser of the estate or interest
described in Schedule A to be released from the obligation to
purchase by virtue of a contractual condition requiring the delivery of !
marketable title, '
2. Continuation of Insurance After Conveyance of Title,
The cO\lerage of this policy shall continue in force as of Date of
Policy In favor of an Insured only so long as the insured retains an
estate or interest in the land, or holds an indebtedness secured by a
purchase money mortgage given by a purchaser from the insured, or
only so long as the insured shall have liability by reason of covenants
of warranty made by the insured in any transfer or conveyance of the
estate or interest. This policy shall not continue in force in favor of
any purchaser from the insured of either (il an estate or interest in
the land, or (iil an indebtedness secured by a purchase money
mortgage given to the insured.
3. Notice of Claim to be Given by Insured Claimant.
The insured shall notify the Company promptly in writing Iii in :
case of any litigation as set forth in Section 4(a) below, (iil in case ;
knowledge shall come to an insured hereunder of any claim of title o~
Interest which is adverse to the title to the estate or interest as
Insured, and which might cause loss or damage for which the
Company may be liable by virtue of this policy, or liiil if title to the
estate or Interest, as insured, IS rejected as unmarketable, If prompt
notice shall not be given to the Comoany, then as to the insured all
liability of the Company shall terminate with regard to the matter or
matters for which prompt notice is reqUired: provided, however, that
failure to notify the Company shall in no case prejudice the rights of
any insured under this policy unless the Company shall be prejudiced
by the failure and then only to the extent of the prejudice,
4, Defense and Prosecution of Actions; Duty of Insured Claimant to
Cooperate,
la) Upon wntten request by the insured and subject to the
options contained In Section 6 of these Conditions and Stipulations,
the Company, at its own cost and witnout unreasonable delay, shall
provide fo' the defense of an Insured in litigation in which any third
party asserts a claim adverse to the title or interest as insured, but
only as to those stated causes of action alleging a defect lien or
encumbrance or otner matter Insured against by this policy. The
Company shall have the right to select counsel of its choice (subject
to the right of the Insured to object for reasonable cause) to
represent the Insured as to those stated causes of action and shall
not be liable for and will not pay the fees of Jther counsel. The
Company will not pay any fees, costs or expenses incurred by the
insured in the defense of those causes of action which allege matters
not insured against by this policy,
(b) The Company shall have the right, at its own cost. to
institute and prosecute any action or proceeding or to do any other
act which in its opinion may be necessary or desirable to establish
the title to the estate or interest, as insured, or to prevent or reduce
loss or damage to the insured, The Company may take any
appropriate action under the terms of this policy, whether or not it
shall be liable hereunder, and shall not thereby concede liability or
waive any provision of this policy, If the Company shall exercise its
rights under this paragraph, it shall do so diligently,
lei Whenever the Company shall have brought an action or
interposed a defense as required or permitted by the provisions of
this policy, the Company may pursue any litigation to final
determination by a court of competent jurisdiction and expressly
reserves the fight. in Its sole discretion, to appeal from any adverse
judgment or order,
Idl In all cases where this policy permits or requires the
Company to prosecute or provide for the defense of any action or
proceeding, the insured shall secure to the Company the right to so
prosecute or provide defense in the action or proceeding, and all
appeals therein, and permit the Company to use, at its option, the
name of the insured for this purpose, Whenever requested by the
Company, the insured, at the Company's expense, shall give the
Company all reasonable aid (ilm any action or proceeding, securing
evidence, obtaining witnesses. prosecuting or defending the action or
p'oceeding, or effecting settlement. and {iil in any other lawful act
which in the opinion of the Company may be necessary or desirable
to establish the title to the estate or interest as insured, If the
Company is prejudiced by the failure of the insured to furnish the
required cooperation, the Company's obligations to the insured under
the policy shall terminate, including any liability or obligation to
defend, prosecute. or continue any litigation, with regard to the
matter or matters requiring such cooperation,
5, Proof of Loss or Damage.
In addition to and after the notices required under Section 3 of
these Conditions and Stipulations have been provided the Company, a
proof of loss or damage signed and sworn to by the insured claimant
shall be furnished to the Company within 90 days after the insured
claimant shall ascertain the facts giving rise to the loss or damage,
The proof of loss or damage shall describe the defect in, or lien or
encumbrance on the title, or other matter insured against by this
policy which constitutes the basis of loss or damage and shall state,
to the extent possible, the basis of calculating the amount of the loss
or damage. If the Company is prejudiced by the failure of the insured
claimant to provide the required proof of loss or damage. the
Company's obligations to the insured under the poliCY shall terminate.
including any liability or obligation to defend, prosecute, or continue
any litigation, with regard to the matter or matters requiring such
proof of loss or damage,
In addition, the insured claimant may reasonably be reqUired to
submit to examination under oath by any authorized representative oj
the Company and shall produce for examination. inspection and
copying, at such reasonable times and places as may be designated
by any authorized representative 01 the Company, all records, books,
ledgers. checks, correspondence and memoranda, whether bearrng a
date before or after Date of Policy, which reasonably pertain to the
loss or damage. Further. if requested bv any authorized representative
of the Company, the insured claimant shall grant its permiSSion, in
writing, for any authorized representative of the Company to examine,
inspect and copy all records, books, ledgers, checks, correspondence
. 'Aaenda~'ltem No, SA
and memoranda In the cu~.""v or control of a third party, w~tl:RA ril 25 2006
reasonably pertain to the loss or damage, All mformatlon deslgn~ed"' 101' f 111
as confidential by the insured claimant provided to the Companyt-'ag 0
pursuant to this Section shall not be disclosed to others unless, in I
the reasonable judgment of the Company, it is necessary in the
administration of the claim, Failure of the insured claimant to submit
for examination under oath. produce other reasonably requested
information or grant permission to secure reasonably necessary
information from third parties as required in this paragraph shall
terminate any liability of the Company under this policy as to that
claim,
6. Options to Payor Otherwise Settle Claims; Termination of
liability.
In case of a claim under this policy, the Company shall have the
following additional options:
lal To Payor Tender Payment of the Amount of Insurance,
To payor tender payment of the amount of insurance under this
policy together with any costs, attorneys' fees and expenses incurred
by the insured claimant. which were authorized by the Company, up to
the time of payment or tender of paymant and which the Company is
obligated to pay
Upon the exercise by the Company of this option, all liability and
obligations to the insured under this policy, other than to make the
payment reqUired, shall terminate, including any liability or obligation
to defend, prosecute, or continue any litigation, and the policy shall
be surrendered to the Company for cancellation.
[bl To Pavor Otherwise Settle With Parties Other than the
Insured or With the Insured Claimant.
(iI to payor otherwise settle with other parties for or in
the name of an insured claimant any claim insured against under this
policy, together with any costs, attorneys' fees and expenses incurred
by the insured claimant which were authorized by the Company up to !
the time of payment and which the Company is obligated to pay; or
(iil to payor otherwise settle with the insured claimant
the loss or damage provided for under this policy, together with any
costs. attorneys' fees and expenses incurred by the insured claimant
which were authorized by the Company up to the time of payment
and which the Company is obligated to pay,
Upon the exercise by the Company of either of the options
provided for in paragraphs (b}{i) or (ii), the Company's obligations to
the Insured under this policy for the claimed loss or damage, other
than the payments required to be made, shall terminate, including any
liability or obligation to defend, prosecute or continue any litigation,
7, Determination, Extent of Liability.
This policy is a contract of indemnity against actual monetary
loss or damage sustained or Incurred by the insured claimant who
has suffered loss or damage by reason oj matters insured against by
this policy and only to the extent herein described
(al The liability of the Company under this policy shall not
exceed the least of
Iii the Amount of Insurance stated in Schedule A, or,
[iil the difference between the value of the insured estate
or interest as insured and the value of the insured estate or interest
subject to the defect, lien or encumbrance insured against by this
poliCY
(bi The company will pay only those costs, attorneys' fees and
expenses incurred in accordance With Section 4 of the Conditions and
Stipulations,
8. Apporrionment
If the land described In Schedule A consists of two or more
parcels which are no\ used as a single site, and a loss is established
affecting one or more of the parcels but not all. the loss shall be
computed and settled on a pro rata basis the amount of
insurance under this policy was divided pro rata as to the value on
Date of Policy of each separate parcel to the whole, exclusive of any
improvements made subsequent to Date of Policy, unless a liability or
value has otherwise been agreed upon as to each parcel by the
Company and the insured at the time of the issuance of this policy
and shown by an express statement or by an endorsement attached
to this pol icy,
9, Limitation of Liability.
la) If the Company establishes the title, or removes the alleged
defect, lien or encumbrance, or cures the lack of a right of access to
or from the land, or cures the claim of unmarketability of titte, all as
insured, in a reasonably diligent manner by any method, including
litigation and the completion of any appeals therefrom, it shall have
fully performed its obligations with respect to that matter and shall
not be liable for any loss or damage caused thereby,
(b) In the event of any litigation, including litigation by the
Company or with the Company's consent. the Company shall have no
I iability for loss or damage until there has been a fmal determination
by a court of competent jurisdiction, and disposition of all appeals
therefrom, adverse to the title as insured,
{c) The Company shall not be liable for loss or damage to any
insured for liability voluntarily assumed by the insured in settling any
claim or suit without the prior written consent of the Company,
1 a. Reduction of Insurance; Reduction or Termination of Liability
All payments under this policy, except payments made for costs,
attorneys' fees and expenses, shall reduce the amount of the
insurance pro tanto,
1" Liability Non,cumulative
It is expressly understood that the amount of insurance under
this policy shall be reduced by any amount the Company may pay
under any policy insuring a mortgage to which exception is taken in
Schedule B or to which the insured has agreed, assumed, or taken
subject. or which is hereafter executed by an insured and which is a
charge or lien on the estate or inlerest described or referred to In
Schedule A, and the amount so paid shall be deemed a payment
under this policy to the insured owner,
12. Paymenr of Loss.
la) No payment shall be made without producing this policy
for endorsement of the payment unless the policy has been lost or
destroyed, in which case proof of loss or destruction shall be
furnished to the satrsfaction of the Company.
(bl When liability and the extent of loss or damage has been
definitely fixed in accordance with these Conditions and Stipulations,
the loss or damage shall be payable within 3D days thereafter.
13 Subrogation Upon Payment or Settlement
la) The Comoany's Right of Subrogation,
Whenever the Company shall have settled and paid a claim
under this policy, all right of subrogation shall vest in the Company
unaffected by any act of the insured claimant.
The Company shall be subrogated to and be entitled to all
rights and remedies which the insured clarmant would have had
against any person or property in respect to the claim had this policy
not been issued. If requested by the Company. the insured claimant
shall ttansfer to the Company all rights and remedies agamst any
person or property necessary in order to perfect this right of
subrogation, The insured claimant shall permit the Company to sue,
compromise or settle in the name of the insured claimant and to use
the name of the insured claimant in any transaction or litigation
involving these rights or remedies.
If a payment on a..Jnt of a claim does not fully ~~ftJ~6l ~t~m No, SA
of the insured claimant. the Company shall be subrogated to ,ti:JeslJ n I 25, 2006
rights and remedies in the proportion which the Company's pijffit91 102 of 111
bears to the whole amount of the loss.
If loss should result from any act of the insured claimant, as
stated above, that act shall not void this policy, but the Company, i
that event, shall be required to pay only that part of any losses
insured against by the policy which shall exceed the amount, if a
lost to the Company by reason of the impairment by the insured
claimant of the Company's right of subrogation,
(b) The Company's RiQhts Aoainst Non-Insured Oblioors,
The Company's right of subrogation against non-insured obligors
shall exist and shall include, without limitation, the rights of the insu
to indemnities, guaranties, other policies of insurance or bonds,
notwithstanding any terms or conditions contained in those instrumen
which provide for subrogation rights by reason of this policy, l
14, Arbitration.
Unless prohibited by IppliCllble law, lllbilration pursuant
the Title Ins.llnce Albitration Rules of the AmeriClln Albi1r1ltioil
Associll1ion mllY be demlnded if Iglled to by both the CoIllfl8lW
ud the i-.d. Albilnlble IlI8lbtrs mllY include. but ell not
limiled to, eny COIIlnmIrIy or cleim blltwll81 the Compeny end !
the i_red eriling out 01 or relnng to this policy, ellY service' 01
the CompllllY in connection with its issuence Dr the breld! of
. policy pruvision Dr other obligll1ion. Albi1r1ltion PUrsulnt to thi
policy Ind uncler the Rules in effect on the dele the d....nd
Ilbitration is Dllde Dr: It the option of the insured. the Rules i
effect It DlIte 01 Policy shill be binding upon the perties. The
_Ill DIIY include IIttDmeys' l8es only if the 1_ of the sIlI1e n
whicll the lend is located pennit a court to _Ill attomeys' te
to a prevailing party. Judgment upon the award IIndered by th
Arbibatol1s1 may be entered in any court having jurisdiction
thereof,
The lew of the situs of the land shall Ipply to an
arbitration under the Tide Insurence Albitration Rules.
A copy of the Rules may be obtained from the Company
upon request. I
15 Liabililty Limlred to this Policy; Policy Entire Contract I
la) This policy together with all endorsements, if any, attactied
hereto by the Company is the entire policy and contract between ttle
insured and the Company, In interpreting any provision of this polic~,
this policy shall be construed as a whole,
(bl Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the title to the
estate or interest covered hereby or by any action asserting such
claim, shall be restricted to this policy,
Ic) No amendment of or endorsement to this policy can be mfle
except by a writing endorsed hereon or attached hereto signed by eit~er
the President. a V,ce President. the Secretary, an Assistant Secretary, rr
validating officer or alllhonzed signatory of the Company.
76 Severability
In the event any proVision of the policy is held invalid or
unenforceable under applicable law, the policy shall be deemed n to
include that provision and all other prOVisions shall remain in full
force and effect.
17 Notices, Where Sent.
All notices required to be given the Company and any statemen in
writing required to be furnished the Col1llany shall include the number of
thiS poilcy and shall be addressed to the Company at its home office,
400 Secona Avenue South, Minneapolis, Minnesota 55401, 16121371,1111,
,
***************************
*** ERROR TX REPORT ***
***************************
~001
Agenda Iten No. SA
AJril 5, 2006
Pag,3 lOp of 111
04/15/2005 15:18 FAX 239 344 1200 Henderson Franklin
TX FUNCTION WAS NOT COMPLETED
TXlRX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
PGS, SENT
RESULT
0722
203~14277~45#4#2259244#
04/15 15:14
04'10
6
NG
i
i
Q) Henderson I ~~~~s~1 UJ
171 S Mon"'. Slroet
Post Office Box 2Il0
I'on Myers, FL 33902.()21l0
Tel: 239,~,"OO' Fox: 2311,344,1200' www,henllw,com
Bonita Slll1ngs . Sanlbel
FACSIMILE COVER PAGE
TIME SENT:
DATE SENT: April 15, 2005
Stamp Here after Sent:
Recipient(s)
Client/Matter No.
From
No. of Pages, inc1. Cover
NAME
Meri Byers
14277/45
Babbe A. Brown
g
FAX#
225.9244
PHONE #
225-0031
Original of the transmitted document will be sent by:
Rrst Class Mail
Overnight Mail
Hand Delivery
X This transmission is the only form of delivery of this document
Comments:
Please S98 the attached deeds as you requested,
The infonnation In this facsimile transmission is Intended only for the pl;lrsonal and oonfidentlal use of !hl;l designated
recipients named above. This message may be an allomlly-clil;lnt communication and e!! such is privileged. If the
reader of this message Is not !he intended rgcipient named above, you are nolined thai you have received !hI!!
document in error, and any review, dissemination, distribution or copying of this meMsge Is stricliy prohibited, If you
have received this dooument in error, please notify this office immediately via l&lephone, and return the original
message to the address by mail. Thank you,
SENDER:
II this ts senslllve or confidential information and you would like us to verify the number or confinn if
the inlonnalion was received, please ched: here and Inotude the telephone number,
Yes
Telephone Number to Call: _
i
1715M f\~endailtem No. 8A
PDStO~~~D:DX1~8~ Abril 25, 2006
Fort Myers. FL 33902,0280 P8gh 104 of 111
Tel. 239,344 1100. Fax: 239.344.1200. ~_henlaW,COm r
Bonita Spnngs . Sanlbel
o Hender-son I ~~~~h;I!!J
FACSIMILE COVER PAGE
TIME SENT:
DATE SENT: April 15, 2005
Stamp Here after Sent:
Recipient(s)
Client/Matter No,
From
No, of Pages, incl. Cover
NAME
Meri Byers
14277/45
Bobbe A, Brown
<3'
FAX#
225-9244
PHONE #
225-0031
Original of the transmitted document will be sent by:
First Class Mail
Overnight Mail
Hand Delivery
X This transmission is the only form of delivery of this document
Comments:
Please see the attached deeds as you requested,
The information in this facsimile transmission is intended only for the personal and confidential use of the designated
recipients named above, This message may be an attorney-client communication and as such is privileged, If the
reader of this message is not the intended recipient named above, you are notified that you have received this
document in error, and any review, dissemination, distribution or copying of this message is strictly prohibited, If you
have received this document in error, please notify this office immediately via telephone, and retum the original
message to the address by mail. Thank you,
SENDER:
If this is sensitive or confidential information and you would like us to verify the number or confinn if
the information was received, please check here and include the telephone number.
Yes
Telephone Number to Call: _
If all pages are not received or there is a problem with this transmission, please call 239,344-1267 and ask for
Bobbe Brown,
Henderson, Franklin, Starnes & Holt, P,A.
,~ tp'
~.\S .~ "
\0500.
L3
3r"93 OR: 3556 P~g Item No, SA
m01D1D in omCIlL DeoRDS of COLLIII COUI'll4\ liil 25, 2006
05/05/2001 at 01:38PM DlIGH'lI, BIOCl, CLlBag 105 of 111
COIS 150000 .00
DC m 1 .00
DOC-,70 1050.00
~amc:I by and return to: letD:
THOMAS H. GUNDERSON OIOIUOI rRlllLIJ I' 1L
Attorney at Law 1715 IOROI S'l'
HENDERSON, FRANK.LIN, STARNES & HOLT, P.A. (Fort Myers) l'I' mls rL 31901 3072
1715 Monroe St. P. O. Bolt 280
Fort Myers, FL 33902
File Number: THG COLON SMELA
Will Call No,: 12
rspace Above This Une Far Recording Dala]
Warranty Deed
This Warranty Deed made this 3rd day of May, 2004 between RJS, L.L.C., a Florida llmlted UablDty colDpllDy
whose post office address is 2000 Royal Marco Way, Marro Island, FL 34145. grantor, and COLONIAL HOMES, INe.
a Florida corporation whose post office address is 2000 Interstate Park Dr., Suite 400, Attn: Alan S. Farrior
President, Montgomery, AL 36109. grantee:
(Wbcnever used betein the termS "grIDlllr' 8IIlI 'gnmtJ:e' inelucle aU the parties to this mslnUDellt aDd the heirs. legal representatives, aDd assigas 0
individuals, and the successors and assigns of corporations. troslS 8IIlItrustees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/lOO DOllARS ($10.00) and oth
good and valuable considerations to said grantor in hand paid by said grantee. the receipt whereof is hereby acknowledged
has granted. bargained. and sold to the said grantee, and grantee's heirs and assigns forever, the following described Ian
situate, lying and being in Collier County, Florida to-wit:
See Exhibit "A" attached hereto.
Pareel Identification Number: 00775120008, 00'T15040007, 00774921100S and 00775080009
Subject to taxes for 2004 and subsequent years; covenants, conditions, restrictions, easements,
reservations and limitations of record, If any.
Together with all the tenements. hereditaments and appurtenances thereto belonging or in anywise appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in foe simple; that th~1
grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully wammts the title to sai
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of al
encumbrances, except taxes accruing subsequent to December 31, 2003,
In Witness Whereof. grantor has hereunto set grantor's hand and seal the day and year first above written, ,
DoubleTIm..
$~( .~~ -
Witness Name: 'DAJ. ~ ('. 86..JJJvt;~
2- ~'-- ___
WitncssName: t...e",u lv. c:..~
By:
OR: 3556 PG: liZQda Item No, 8A
Aril 25, 2006
pagr'06 of 111
I
Signed, scaled and delivered in our presence:
(Corporate Seal)
State of Florida
County of I'L,,_A.,,4f.,^--
The foregoing instrument was acknowledged before me this ~ day of ,Il1A0 , 2004, by RA YMOND ~.
SMELA, Manager of RJS, L.L.C.. a Florida limited liability company, on behalf of the corporation. He ~ is personally
known to me or U has produced as identification.
"2-.. ~~
[Notary Seal]
Notary Public
Printed Name:
LOUIS W. CIlEFI"I
COMMISSION I DO 073145
IRES: FebI\I8lY 9, 2006
nruH*YP\ilIC-
My Commission Expires:
WamUllY Dud - Page 2
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3:' 194 OR: 3556 PAieill em No, SA
BCORDID in omcm BeolDS of COLLIn coom III 25, 2006
D5/D5/2DD4.at D1:38'. DIIGlIf I. BlDeI, CIlIUg 108 of 111
COIS IDDDDDD .00
RIC lJI .58
DDC-.1D 100 .00
.,
L3
Pn:parcd by and return to:
THOMAS H. GUNDERSON
Attorney at Law
HENDERSON, FRANKLIN, STARNES & HOLT, P.A. (Fort Myers)
1715 Monroe St. P. O. Box 280
Fort Myers, FL 33902
File Number: THG COLON SMELA
Will Call No.: 12
Rem:
BJomOl mma It At
1715 KOROl S!
n IURS rL 33901 3D1Z
rspace Above This UDe For Recording Dalal
Warranty Deed
i
This Warranty Deed made this 3rd day of May, 2004 between CHAMPION LAKES DEVELOPMENT, LLC, .
Florida limited UabUity colllp8DY, whose post office address is :woo Royal Marro Way, Marco IsIaud, FL 3414~
grantor, and COLONIAL HOMES, INC., a Florida eorporation whose post office address is 2000 Interstate Park Dr.;,
Suite 400, Attn: Alan S. Farrior, President, Montgomery, AL 36109. grantee: t
(Wbcaever used lK:rein the tams 'grantor" and 'grantee' include aU the parti... to this instnunenl and the heirs. IcgaI _enlalives. and assigns
indlviduls, and the su=:ssars and assil!llS of corporatiOllS,lI11sts and tnlStees)
Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/lOO DOLLARS ($10.00) and other
good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby BCknOWlcdg9
has granted, bargained, and sold to the said gramcc, and grantees heirs and assigns forever, the following described I
situate, lying and being in Collier County. Florida to-wit:
See ExhIbit" A" attached hereto. ,
Part:el Identification Numbers: 00742%0107, 00736880109, 00736880206, 00741560003 and
00741720005
Subject to taxes for 2004 and subsequent years; covenants, conditions, restrictions, easements,
reservations and limitations of record, if any.
SUBJECT TO a Purchase Money FIrst Mortgage, given by Grantee to Grantor, securing tbeeriginal
principal sum of $1,000,000.00.
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that
grantor bas good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to s
land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of I
encumbrances. except taxes accruing suhscquent to December 31, 2003,
In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written,
i
DoubleTIrneio
Signed, sealed and delivered in our presence:
I
OR: 3556 PG: ~a I~em No, SA
A~ril 25, 2006
Pa9 _/109 of 111
wi&e:~1z~AM7T
.2-~'
WilneSSName: ,~ J,J W, C,~
,
By:
(Corporate Seal)
I
S~ofR~ j'
County of Cu ~ " ^-
The foregoing instrument was acknowledged before me this ~ day of ~, ,2004 by RAYMOND H
SMELA. Manager of CHAMPION LAKES DEVELOPMENT. u..c, a Florida iimi;J liability company, on behalf of th
corporation. He ~is penonally known to me or U has produced as identification,
~~L
Notary Public
!'
r
I
I
[Notary Seal}
Printed Name:
LOUIS W, CHEI'FY
MY COMMlSStON . DO 073145
EXPIRES: February 9, 2006
_1l\nI_--
My Commission Expires:
Warranl)' Deed. Page 2
DoubIeTlm~
I
I
I
OR: 3556 PG: ~ajltem t-Jo, SA
.' Ahril 25. 2006
pagf 110 of 111
I
, '
PROPERTY DESCRIPTION
A PARCEL OF LAND LOCATED IN 1HE SOU1HWEST 1/4 OF SECTION 11 AND THE
NORTHWEST 1/4 OF SECTION 14, TOWNSHIP 51 SOum, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, BElNG MORE PARTICULARLY DESCRIBED AS FOu.oWS:
BEGIN AT 1HE SOUIHWEST CORNER. OF SECTION 11, TOWNSHIP 51 SOum, RANGE
26 EAST, COLLIER. COUNTY, FLORIDA; lHENCE RUN NORnI 01058'30" EAST, ALONG
1HE WEST LINE OF 1HE SOlITHWP.ST 114 OF SAID SECTION 11, FOR A DISTANCE OF
977.17 FEET; TIiENCE RUN SOUlH 88014'03" EAST FORA DISTANCE OF 440.00 FEET;
THENCE RUN soum 01058'30" WEST FOR A DISTANCE OF 101.13 FEET; lHENCE
RUN NORm 88005'15" WEST FOR A DISTANCE OF 40.00 FEET; THENCE RUN soum
01058'30" WEST FORA DISTANCE OF 108.24 FEET; THENCE RUN soum 88005'18"
EAST FOR A DISTANCE OF 327.16 FEET TO A POINT ON A CIRCULAR CURVE,
CONCA VB SOUIHEAST, WHOSE RADIUS POINT BEARS SOUI'H 88017'11" EAST, A
DISTANCE OF 140.00 FEET TIiEREFROM; THENCE RUN NORTIlEASTERLY, ALONG
1HE ARC OF SAID CURVE TO 1HE RIGHT, HAVING A RADIUS OF 140.00 FEET,
lHROUGH; A CENTRAL ANGLE OF 90002'49", SUBTENDED BY A CHORD OF 198.07
FEET AT A BEARING OF NORnI 46044'14" EAST, FORA DISTANCE OF 220.03 FEET TO
1HE END OF SAID CURVE; THENCE RUN SOUlH 88014'22" EAST FOR A DISTANCE
OF 510.14 FEET TO A POINT ON TIIE EAST LINE OF 1HE SOUIHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SAID SECTION 11; lHENCE RUN soum 01042'49" WEST, ALONG
TIlE EAST LINE OF nIB SOUlHWEST 1/4 OF TIlE SOUIHWEST 114 OF SAID SECTION
11, FORA DISTANCE OF 910.75 FEET TO A POINT ONTIIE SOUlHLINEOFTIm
SOUTHWEST 1/4 OF SAID SECTION 11; lHENCE RUN soum 88005'18" EAST, ALONG
1HE SOUIH LINE OF THE SOUlHWEST 1/4 OF SAID SECTION 11, FOR A DISTANCE
OF 690.46 FEET TO A POINT ON 1HE EAST LINE OF THE WEST 1/2 OF TIm
NORlHEAST 1/4 OF 1HE NORlHWEST 1/4 OF SECTION 14, TOWNSHIP 51 SOUlH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; TIIENCE RUN SOUlH 00001'41"
WEST, ALONG.1HE EAST LINE OF 1HE WEST 1/2 OF THE NORTIIEAST 1/4 OF TIIE
NORTHWEST 1/4 OF SAID SECTION 14, FORA DISTANCE OF 1,389.59 FEET TO A
POINT ON TIIE SOUlH LINE OF THE NORlH 1/2 OF THE NORTIlWEST 1/4 OF SAID
SECI10N 14; TIiENCE RUN NORTII 88"20'44" WEST, ALONG 1HE soum LINE OF nIB-
NORm 1/2 OF THE NORlHWEST 1/4 OF SAID SECTION 14, FOR A DISTANCE OF '
2,077.67 FEET TO TIlE SOUIHWEST CORNER OF nIB NORm 1/2 OF 1HE
NORTHWEST 1/4 OF SAID SECI10N 14; nIENCE RUN NORnI 00017'50" EAST, ALONG
1HE WEST LINE OF 1HE NORTHWEST 114 OF SAID SECTION 14, FORA DISTANCE OF
1,398,73 FEET TO TIlE POINT OF BEGINNlNG; CONTAINING 94.732 ACRES, MORE OR
LESS,
lof2
.,t OR: 3556 PG: ;ij2.-iJa ~tm No, SA
, A ril 25, 2006
Pag 111 of 111
AND
KRESSE PARCEL
TIIAT PORTION OF TIm NOR.TH 112 OF THE NORTH 1/2 OF SECTION 15,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COlLIER COUNTY, FLORIDA, LYING
EASTERLY OF STAlE :ROAD 951 (ISLE OF CAPRI ROAD), LESS AND EXCEPT
THE SOUl'HERL Y 1,100.00 FEET THEREOF AND LESS AND EXCEPT THE
NORTHERLY 220.00 FEET THEREOF; CONTAINING 6.826 ACRES, MORE OR
LESS.
AND
EASEMENT PARCEL
TOGETHER with those certain non-exclusive right-of-way easements for ingress and
egress as more particularly described by Deeds recorded in Official Records Book 189,
page 327; Official Records Book 234, page 869 and Official Records Book 234, page
383, Lee County, Florida.
2of2
Agenda Item No, 88
April 25, 2006
Page 1 of 54
...--
EXECUTIVE SUMMARY
PUDZ-A-2004-AR-6283 Lely Development Corporation Represented By Coastal
Engineering Consultants, Inc., Request an amendment to the Lely Barefoot Beach
pun by revising the PUD Document and Master Plan to amend Tract "J" from a
1. 74 acre Utility Site to a .73 single-family residential development site and 1.01 acre
mangrove preserve area. Tract J consists of 1.74 acres and is located at the southwest
corner of Barefoot Beach Boulevard and Bayfront Drive, located in sections 5, 6, 7 &
8, Township 48 South, Range 25 East, Collier County, Florida.
OBJECTIVE:
The petitioner requests to have the Board of County Commissioners consider a request for
a minor Amendment of the Lely Barefoot Beach Planned Unit Development (PUD) as
well as to ensure that the project is consistent with all the applicable County regulations
and to ensure that the community's interest is maintained. This petition is to amend 1.74
acre Tract J to one (J) single-family residential home on .73 acre and to dedicate the
remaining 1.01 acre for Mangrove Preserve Area in place of the approved Utility Site
intended for a utility pumping station, water storage tank and/or similar project serving
,--. facilities.
CONSIDERA TIONS:
Section 1 0.02.13.E of the Land Development Code (LDC) requires the approval by the
Board of County Commissioners prior to implementation. This provision of the LDC
establishes substantial and insubstantial amendments to a PUD. This petition seeks
approval of the requested amendment to Tract J and the PUD Document.
The Lely Barefoot Beach PUD was initially rezoned from Agricultural-Special Treatment
(A-ST), Residential Multiple-Special Treatment (RM-2ST) and Residential Single-Family
with Group Housing (RS-4FH) to PUD on September 27, 1977, via Ordinance Number
77-48, with single-family and multi-family residential dwelling units as the primary
permitted uses within this PUD.
Synopsis of Approved Land Uses:
The 1.74 acres ofland that is being amended is located on the south side of Bonita Beach
Road (CR 901) which is the county line for Collier and Lee Counties. The subject parcel is
situated at the southwest comer of Barefoot Beach Boulevard to the west and Bayfront
Drive to the north and is adjacent to the landward edge of the Gulf of Mexico.
,--,
May 23, 2006 BCC Agenda
Page 1 of 5
Agenda Item No_ 8B
April 25, 2006
Page 2 of 54
Aerial Photo
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Surroundine Land Use and Zonine:
Subject Parcel:
Undeveloped parcel (Tract J); zoned Lely Barefoot Beach PUD
Surrounding area:
NOlih: Existing residential structures and Bayfront Drive R-O- W, zoned (low
density residential) Lely Barefoot Beach PUD
Undeveloped parcels; zoned (conservation) Lely Barefoot Beach PUD
Undeveloped parcels: zoned (conservation) Lely Barefoot Beach PUD
Existing residential structures and Barefoot Beach Boulevard R-O- W,
zoned (low density residential) Lely Barefoot Beach PUD
East:
South:
West:
-
May 23, 2006 BCC Agenda
Page 2 of 5
Agenda Item No, S8
April 25, 2006
Page 3 of 54
Conceptual Site Plan for Tract J
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Page 3 of 5
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Agenda Item No, 88
April 25, 2006
Page 4 of 54
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). FLUE Policy 5.4 provides that all new development must be
compatible with the surrounding land uses. Comprehensive Planning leaves the
determination of compatibility to Zoning and Land Development staff as part of their
review of the petition in its totality.
Based upon the above analysis, staff concludes the proposed amendments are deemed
consistent with the Future Land Use Element (FLUE).
Staff Comments:
Staff requested a continuance until after the Collier County Planning Commission hears
the petition. The Lely Barefoot Beach Planned Unit Development was originally approved
in 1977 (Ordinance 77-48). As part of the original approval, Tract J was designated as an
onsite sewage disposal facility. The disposal facility was never constructed. The original
PUD Ordinance, Section F.13 The Utility Site, contained language that permitted four (4)
residential units on the property in the event that the sewage disposal facility was not
constructed. The 1985 PUD Amendment, Section XV (Ordinance No. 85-83) deleted the
language referencing the residential units and designating Tract J as a utility site. The
petitioner is requesting to redesignate the 1.74 acre Tract J from a utility site to a
residential tract allowing one of the approved but unbuilt dwelling units. This petition will
not increase the current PUD maximum limit of 750 dwelling units.
Due to the individual private ownership nature of the residential Tracts and the maximized
build-out of the allowable residential units authorized by the PUD. this amendment is
proposing changes that will only affect Tract J of the PUD. The proposed acreage to be
rezoned within the PUD is .73 as one single-family residential home site and the
remaining 1.0 I acreage designated as Mangrove Preserve area. This Tract has not been
developed and the land remains vacant.
The uses that were approved for this PUD remain compatible with other uses expected to
be developed in this area. Section XVI provides development standards for Tract J that
will be identical to the CUlTent standards set forth designed for single-family homes in the
surrounding area as well as all county regulations that are applicable. Any additional
changes to the Master Plan would need to be approved pursuant to LDC Section
10.02.13.B.4.
Nei2:hborhood Issues:
Several neighbors stated that they oppose the rezoning of Tract J and wishes to keep the
designated land use of the original PUD. The letters of dissent from the surrounding
property owners are included as backup data to the Executive Summary.
--
FISCAL IMP ACT:
Amendment of the PUD will have no fiscal impact upon Collier County.
May 23, 2006 BCC Agenda
Page 4 of 5
Aqenda Item No, 8B
- April 25, 2006
Page 5 of 54
EAC Recommendation:
The EAC did not review this petition because the site size does not meet the threshold to
require that review.
Historic/ Archaeoloeical Impact:
The petitioner's property is not located within an Area of Historical and Archaeological
Probability as referenced on the official Collier County Probability Map. Therefore, no
surveyor waiver of Historic and Archaeological Survey & Assessment is required.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The Collier County Planning Commission's has rescheduled this petition to be heard on
Thursday, April 20, 2006.
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 on the criteria in Chapter] 0.03.05 and Chapter 10.02.12 of
the LDC. These evaluations were completed as separate documents that were
incorporated into the supplemental 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 pattem.
. The proposed change should not create or excessively increase traffic congestion or
create types of traffic deemed incompatible with sunounding 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 timing or sequence of development for the purpose of assuring the adequacy of
available improvements and facilities, both public and private, shaJl be provided.
STAFF RECOMMENDATION:
Staff recommends that the Board of County Commissioners approve this request to aJlow
the Amendment to the PUD Document and Master Plan.
PREPARED BY:
.-
MELISSA ZONE, PRINCIPAL PLANNER
DEPARTMENT OF ZONING AND
LAND DEVELOPMENT REVIEW
May 23, 2006 BCC Agenda
Page 5 of 5
Item Number:
Item Summary:
Meeting Date:
Agenda Item r-Jo. 88
April 25, 2006
Page 6 of 54
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
8B
Staff is requesting this item be continued to the May 23, 2006 BCC meeting in order to allow
the Planning Commission to hear this petition, This item requires that all participants be
sworn in and ex parte disclosure be provided by Commission member. PUDZ-A-2004-AR-
6283 Lely Development Corporation represented by Coastal Engineering Consultants, Inc"
request an amendment to the Lely Barefoot Beach PUD by revising the PUD Document and
Master Plan to amend Tract J from a 1,74 acre utility site to a .73 single-family residential
development site and 1,01 acre mangrove preserve area, Tract J consist of 1,74 acres and is
located at the southwest corner of Barefoot Beach Boulevard and Bayfront Drive. located in
Sections 5, 6, 7 & 8, Township 48 south, Range 25 east, Collier County, Florida,
4/25/20069:0000 AM
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
4/12/20063:04 PM
Approved By
F:ay Bellows
Community Development &
Environmental Services
Chief Planner
Date
Approved By
Zoning & Land Development Review
4/12/20064:21 PM
Constance A, Johnson
Community Development &
Environmer;al Services
Operations Analyst
Date
Communit\' Development &
Environmental ServicQs Admin,
4/13!2006 1 :59 PM
Approved By
Joseph K, Schmitt
Community Development &
::nvironmenra! Services
Community Development &
Environmental Services Adminslrator
Date
Community Development &
Environmental Services Admin,
4/13/20067:09 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Daie
County Manager's Office
411712006 3:56 PM
,6,genda item f'Jo, 88
Apri! 25, 2006
Page 7 of 54
ORDINANCE NO, 06-_
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNIT', FLORIDA,
AMENDING SECTION XV ENTITLED TRACT J:
UTILIIT' SITE OF ORDINANCE NUMBER 77-48, AS
AMENDED, AND ORDINANCE NUMBER 85-21, AS
AMENDED, THE LEL Y BARFOOT BEACH POO
CHANGING THE PERMITTED LAND USES ON
TRACT J FROM UTILITY OR UTILITARIAN
FACILITIES TO SINGLE-FAMILY RESIDENTIAL FOR
ONE DWELLING UNIT TOGETHER WITH
ACCESSORY USES AND ADDING REGULATIONS
FOR MINIMUM LOT AREA, MINIMUM LOT WIDTH,
MINIMUM YARDS, Mll\1JMUM FLOOR AREA OF
PRINCIPAL STRUCTURES, OFF-STREET PARKING,
MAXIMUM HEIGHT AND SPECIAL
ENVORNMENTAL PROTECTION REGULATIONS;
AND BY PROVIDING AN EFFECTIVE DATE,
WHEREAS, on September 9, 1977, the Board of County Commissioners approved
Ordinance Number 77-48, which established the Lely Barefoot Beach Planned Unit
Development; and
WHEREAS, on June 4,1985, the Board of County Commissioners approved Ordinance
Number 85-21, which reestablished the Lely Barefoot Beach Planned Unit Development Zoning
District while at the same time amended Ordinance Number 77-48; and
WHEREAS, subsequent to these dates amendments to the Lely Barefoot Beach Planned
Unit Development Zoning District were duly adopted by the Board of County Commissioners;
and
WHEREAS, Robert Andrea, of Coastal Engineering Consultants, Inc., representing Lely
Development Corporation, petitioned the Board of County Commissioners to further amend the
Lely Barefoot Beach PUD Ordinance.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
AMENDMEKTS TO SECTION ).:V, UTILITY SITE OF ORDINA..."t\J"CE
NUMBER 77-48, AS A"lvIENDED, AND ORDINANCE NUMBER 85-
21, AS AMENDED, THE LEL Y BAREFOOT BEACH PUD
Section XV, entitled "Utility Site" of Ordinance Number 77-48, as amended, and
Ordinance Number 85-21, as amended the Lely Barefoot Beach PUD, is hereby amended to read
as follows:
TRACT J: UTILITY SITE SINGLE FAMILY RESIDENTIAL DEVELOPMENT
15.1 PURPOSE
Words stmek lIY"ellga are deleted; words underlined are added,
Page 1 of 4
Agenda Item No, 88
April 25, 2006
Page S of 54
The purpose of this Section is to establish development regulations for the area
designated on Exhibit "A" as Tract J: Utility Site. Single Familv Residential
Development.
15.2 USES PBRMITfBD
Wa lnlilEHRg aT stmemre, aT part thereef, BMU he ereated, alteFe&, eT 1!Sea, aT IlUld
1!Se&, m '",'hale ar par., far ether tHM tHe fallawmg:
A
.. ..
PriReipal Uses:
(1) UtilitariM faGilities slieh lIS greliftds maHtteaMee ell~eat steRlge;
utility flliHlflmg atelieRS; water staRlge t8flk; 'lehieular parking; ar
similar prajeet Ber.'IRg faeilitiee. Priar ta lialixsanaR ef TRet J, the
131M far its IirilizatioR shall 'ae IM:i9fftittes 113 Md appRlveQ 'ay the
apl"Rlpriate Callier Califtt)' ageaeies, ,:..bieh shall mswe that the
pllllllles l:Hles are 8ppF9pfiate aft the sMe; that the laearieR af the
plar.nes impRlvemeftta is 8pprapriate; aad that if the faeiliaes 1a he
iftstallea '.vammt sere eRg, the aeeessary feB.amg lIftdfer landseapiftg
is iRs1allea.
15.2 MAXIMUM DWELLING UNITS
A maximum of one single-family dwelling unit may be constructed in this tract.
15,3 USES PERMITTED
No building or structure. or Dart thereof. shall be erected. altered. or used. or land
used. in whole or part. for other than the following:
A. Principal Uses:
Single family residence.
B. Accessory Uses:
(1) Customary accessory uses and structures including private garage.
(2) Signs as permitted bv the Land Development Code.
15.4 REGULATIONS
15.4,1 GENERAL:
All yards. setbacks. shall be in relation to home site boundaries. All principal
and accessory structures shall have a minimum setback of 25 feet from the
boundary of any preserve.
15.4.2
MINIMUM LOT AREA:
6.000 sauare feet.
15.4.3
MINIMUM LOT WIDTH:
60 feet.
Words _ek tMBygil are deleted; words underlined are added
Page 2 of 4
15.4.4
Agenda Item l\Jo, 88
April 25, 2006
Page 9 of 54
MINIMUM YARDS:
15.4.5
15.4.6
15.4.7
A. Yards which abut Lelv Beach Boulevard: 25 feet. which minimum vard
is also an easement in which utilities. walkways. and the like may be
installed.
B. Yards which abut Bamont Drive which extends easterlv from Lely
Beach Boulevard: 10 feet.
C. Preserves: All principal and accessory structures shall have a minimum
setback of 25 feet from the boundary of any preserve.
MINIMUM FLOOR AREA OF PRlNCIP AL STRUCTURES:
A. One stOry- 1.200 square feet of living area. exclusive of garage or
unenclosed patios. decks or porches.
B. Two stOry. 2.000 square feet of living area exclusive of garage or
unenclosed patios. decks or porches.
C. Three stOry- 2.500 square feet of living area exclusive of garage or
unenclosed patios. decks or porches.
OFF-STREET PARKING REQUIREMENTS:
Two parking spaces per single familv residence.
MAXIMUM HEIGHT:
15,4,8
Three stories with a maximum highest point of roof to be 70-feet NGVD
including decorative elements. but excluding chimneys. When the first
habitable floor is raised a sufficient height above ground level to permit the
under building area to be used for automobile parking and other utilitarian
purposes. that under building area shall not be deemed to be a story.
SPECIAL ENVIRONMENTAL PROTECTION REGULATIONS
A. All development in this tract shall be in accordance with construction.
native habitat protection. dune preservation and wetland preservation
regulations listed in Section XX.
B, Prior to Countv approval of anv development orders or permits
authorizing site work on Tract J. the 1.01 acre portion of Tract J
identified in the Environmental Impact Statement as Exhibit B dated
April 21. 2004 with the FLUCFCS Code of 612 - ( for mangroves). and
also depicted on the conceptual site plan. shall be split consistent with
County regulations and be conveyed in fee simple to the Collier
County Board of County Commissioners in such a manner as to ensure
the 1.01 acre section will be preserved in its natural state allowing only
removal of exotic and nuisance vegetation.
C. A South Florida Water Management District permit modification to
Permit Number 11-00026.5 shall be required prior to issuing any
building permits for the single family home.
Words simek tRraygll are deleted; words underlined are added,
Page 3 of 4
Agenda Item No, 8B
April 25, 2006
Page 10 of 54
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote by the Board of County
Commissioners of Collier County, Florida, this _ day of
,2006.
AITEST:
DWIGHT E. BROCK., CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Deputy Clerk
BY:
FRANK HALAS, CHAIRMAN
Approved as to fonn and
legal sufficiency
'~d~ 7fin- ~-./1/;(Ah~,
Marjo' M. Student-Strrhng ,..-~- __r 0
Assistant County Attorney
-
Words stmek lhrollgh are deleted; words underlined are added,
Page 4 of 4
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Agenda Item No, SB
April 25, 2006
Page 12 of 54
STAFF REPORT
COLLIER COUNTY PLANNING COMMISSION
FROM:
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
HEARING DATE: APRIL 6, 2006
SUBJECT: PETITION PUDZ-A-2004-AR-6283, Lely Barefoot Beach PUD
AGENT/APPLICANT:
OWNER:
Lely Development Corporation, Inc.
8825 Tamiami Trail East
Naples, FL 34113
AGENT:
Robert Andrea
Coastal Engineering Consultants, Inc.
3106 South Horseshoe Drive
Naples, FL, 34104
REQUESTED ACTION:
The applicant requests the Collier County Planning Commission (CCPC) to consider a PUD to
PUD rezone for the purpose of amending the existing Lely Barefoot Beach Planned Unit
Development (PUD). The applicant seeks to amend Tract .I, the designated utility site to a single-
family residential site. The Lely Barefoot Beach PUD is an existing residential PUD that is
authorized for 750 residential dwelling units. The PUD is currently 72 percent built-out, with 540
residential units constructed.
GEOGRAPHIC LOCATION:
The subject PUD is located in Sections 5, 6, 7 and 8, Township 48 South, Range 25 East on the
south side of Bonita Beach Road (CR 901), adjacent to the landward edge of the Gulf of Mexico.
The north boundary line of the Lely Barefoot Beach Subdivision/PUD is also the County Line for
Collier and Lee Counties. The subject parcel (Tract .I) is located at the southwest comer of
Barefoot Beach Boulevard and Bayfront Drive. (See illustrations on following pages)
PUDA-04-AR-6283, Lely Barefoot Beach PUD
Aaenda Item No, 88
~ April 25, 2006
Page 13 of 54
PURPOSEfDESCRIPTION OF PROJECT:
The Lely Barefoot Beach Planned Unit Development was originally approved in 1977 (Ordinance
77-48). As part of the original approval, Tract J was designated as an onsite sewage disposal
facility. The disposal facility was never constructed. The original PUD Ordinance, Section F.13
The Utility Site, contained language that permitted four (4) residential units on the property in the
event that the sewage disposal facility was not constructed. The 1985 PUD Amendment, Section
XV (Ordinance No. 85-83) deleted the language referencing the residential units and designating
Tract J as a utility site. The petitioner is requesting to redesignate the 1.74 acre Tract J from a
utility site to a residential tract allowing one of the approved but unbuiJt dwelling units. This
petition will not increase the current PUD maximum limit of 750 dwelling units.
SURROUNDING LAND USE AND ZONING:
Subject Parcel:
Undeveloped parcel (Tract J); zoned Lely Barefoot Beach PUD
Surrounding- North:
East:
Existing residential structures and Bayfront Drive R-O- W, zoned
(low density residential) Lely Barefoot Beach PUD
Undeveloped parcels; zoned (conservation) Lely Barefoot Beach
PUD
Undeveloped parcels; zoned (conservation) Lely Barefoot Beach
PUD
Existing residential structures and Barefoot Beach Boulevard R-O- W,
zoned (low density residential) Lely Barefoot Beach PUD
South:
West:
GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element: The subject property is located within the Urban Designation, Urban-
Mixed-Use District Urban Residential Subdistrict on the Future Land Use Map (FLUM) of the
Growth Management Plan (GMP). The 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) density rating system (DRS), but may not exceed 16 units per acre. As an aside, staff
notes that the entire Lely Barefoot Beach PUD is located within the Coastal High Hazard Area.
FLUE Policy 5.4 provides that all new development must be compatible with the surrounding
land uses. Comprehensive Planning leaves the determination of compatibility to Zoning and Land
Development statf as pan of their review of the petition in its totality.
Based upon the above analysis, staff concludes the proposed amendments are deemed consistent
\vith the Future Land Use Element (FLUE).
Transportation Element: Evaluation of this project took into account the requirement for
consistency with Policy 5.1 of the Transportation Element of the Growth Management Plan
PUDA-04-AR-6283. Lely Barefoot Beach PUD 2
Agenda Item No, 88
April 25, 2006
Page 14 of 54
(GMP) and was found consistent with Policy 5.1. The consistency finding provides a statement to
the project, that when developed, it will not excessively increase traffic congestion and the
addition of one single-family dwelling will not increase traffic. As noted, the subject property is
within the Coastal High Hazard Area, as identified on the Future Land Use Map of the Growth
Management Plan. The requested amendment is not seeking to increase the density allotted to the
project, therefore the amendment can be deemed consistent with the Transportation Element of
the GMP.
Open Space/Conservation: Section 2.3 of the Lely Barefoot Beach PUD Document requires the
minimum of 30 percent open space of the gross site area to be maintained for open space and/or
conservation which is consistent with Chapter 4.02.01 of the Land Development Code (LDC) and
Policy 1.1.6 of the GMP.
ANAL YSIS:
Staff completed a thorough evaluation of this land use petition based on the criteria recorded in
Chapter 10.03.05 of the Land Development Code (LDC). The Collier County Planning
Commission (CCPC) is required to utilize the same criteria as the basis for the recommendation to
the Collier County Board of County Commissioners (BCC). Evaluation of petitions for
amendments to PUDs should establish a factual basis for supportive action by appointed and
elected decision-makers. The potential impacts and/or considerations identified during the staff
review are listed under each of the criteria noted and are summarized by staff. culminating in a
detennination of compliance, non-compliance, or compliance with mitigation. These evaluations
are completed as separate documents and are attached to the staff report (Exhibit A and Exhibit
B).
Environmental Analvsis: Environmental Services staff has reviewed the petition and has
incorporated safeguards within the PUD Document to ensure compliance with environmental
regulations. The Environmental Section (XX). of the Lely Barefoot Beach PUD document has
been revised through the amendment process to reflect the most current environmental
regulations. It should be noted that through the amendment process, Environmental staff with the
coordination of the Conservancy of Southwest Florida, have incorporated reference to a 1985
settlement agreement between The Conservancy, Inc., Collier County and Lely Estates, Inc. The
settlement agreement, which is nO\\I part of the PUD document, grants review and approval rights
to the Conservancy for all: "Conceptual Site Plans, Site Development Plans, Fractionalization
Plans, Water Management Plans, Tree Removal Plans, and Landscaping Plans submitted to
Collier County." In addition to the review and approval authority granted by the settlement
agreement, the settlement agreement also provides for a manner in which to resolve disputes that
could arise between the Conservancy and an applicant submitting one of the above mentioned
plans.
Transportation Analvsis: Transportation Department staff has reviewed the petition and notes the
following: the proposed amendment of one single-family dwelling unit to Tract J will not result in
additional right-of-way or access needs.
Utility Issues: The Utilities Department staff has reviewed the petition and notes the following:
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
PUDA-04-AR-6283, Lely Barefoot Beach PUD 3
ll.genda Item No, sa
April 25, 2006
Page 15 of 54
accordance with Collier County Ordinance No. 04-31, as amended, and other applicable County
rules and regulations.
Zoning and Land Development Analvsis: As previously noted, the subject property is designated
as Urban - Mixed Use District, Urban Coastal Fringe Subdistrict, and is within the Traffic
Congestion Area and the Coastal High Hazard Area, as identified on the Future Land Use Map of
the Grovv'th Management Plan. Relevant to this petition, the Subdistrict penn its residential
development (variety of unit types) at a base density of 4 dwelling units an acre (DUI A) and is
intended to accommodate a variety of residential and non-residential uses. The project is located
within a Traffic Congestion Area, as depicted on the Future Land Use Map and described in the
FLUE, so is subject to a 1 DUIA reduction from the base density of 4 DUIA and is not eligible for
any density bonuses. Therefore, this project is limited to a maximum density of 3 DUIA. The
existing PUD is approved for 2.25 dwelling units per acre. The proposed amendment will not
increase the number of units allowed by the PUD and GMP. The petitioner is requesting the
amendment to allow for one (1) single-family dwelling on Tract J and for 1.01 acre of mangrove
wetlands to be deeded to Collier County (adjacent wetlands were previously deeded to Collier
County). This amendment will provide a compatible land use pattern in the local area.
Considering the availability of community infrastructure and services, and the applicant's
commitments in the PUD document, staff concludes that the proposed changes to the PUD
document are consistent with the Future Land Use Element (FLUE) of the Growth Management
Plan (GMP).
The purpose of Section 15.4.8 Special Environmental Protection Regulations of the revised PUD
Document is to protect and preserve the native habitat while allowing the orderly development of
Tract J in this environmentally sensitive area. It has been detennined by The Conservancy, Inc.
that the impact of one single-family home will be less invasive than the penllitted utility site. The
applicant will split the Mangrove portion of the site and create two legal tracts which will provide
a conservation easement that will maintain the wildlife, aquatic and plant life habitat and ensure
the proteetion of the estuarine system of Little Hickory Bay
It is the intent of Section 15.4.8 to protect the water quality in this area by requiring limits on the
amount of impervious surface areas pem1issible for a single-family residential development. The
proposed drainage system for Tract .I will utilize a 10-foot-\vide swale for detention and water
quality on the north side of the property that transitions to a spreader swale that discharges to a
grassed area via sheet flow and then to the mangroves on the southem portion of the property and
will improve the drainage along the street.
In addition to a Comprehensive Planning evaluation of the proposed rezoning, an evaluation of
the proposed action compared to existing land uses is also required. The original intent of the Lely
Barefoot Beach PUD was to integrate with the surrounding costal residential land use, The
surrounding area is single and multi-family residential structures in conjunction with an
environmental preserve area that protects the mangroves east and south of Tract .I. The proposed
one (1) single-family structure on the tract maintains the residential makeup of the area as well as
contributing 1.01 acres for a conservation easement, which will increase the size of the bordering
preserve area that was established in the original PUD document.
PUDA-04-AR-6283. Lely Barefoot Beach PUD 4
Agenda Item No, SB
April 25, 2006
Page 16 of 54
NEIGHBORHOOD INFORMATION MEETING:
The agent for the applicant held the required meeting on August 9, 2005 at 6:00 p.m. at 8t. John
the Evangelist Catholic Church, 625 III th Avenue North, Naples. In attendance at the
neighborhood meeting were six (6) people from the community along with the applicant's agent
and County staff. Agents for the developer stated that the rezone and proposed single-family
home with a maximum height of 70 feet will be compatible with the surrounding residential
development. Mr. Gordon Goodier, Bayfront Gardens Association president, objected to the
proposed rezone of the property, stating that "the site should be kept for water management".
Robert Andrea of Coastal Engineering, agent for the applicant, said "we're going to finish the
swale" and make improvements to assist the drainage of Tract J.
STAFF RECOMMENDATION:
That the CoIlier County Planning Commission (CCPC) forward a recommendation of approval of
Petition PUDZ-A-2004-AR-6283 that repeals Ordinance Number 77-48 as amended and 85-21 as
amended, as set forth by the Ordinance of Adoption and exhibits thereto, the Lely Barefoot Beach
PUD regulatory document, subject to the conditions of approval that have been incorporated in
the PUD Document.
PUDA-04-AR-6283, Lely Barefoot Beach PUD 5
Agenda Item No, 88
April 25, 2006
Page 17 of 54
REZONE FINDINGS
PETITION PUDZ-2004-AR-6283
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 Urban Designation, Urban Mixed-Use
District and the Urban Residential Subdistrict on the Future Land Use Map (FLUM) of
the Collier County Growth Management Plan (GMP). Comprehensive Planning staff
has found the proposed rezone to be consistent with the Future Land Use Element of
the Growth Management Plan.
2. The existing land use pattern;
The subject site is currently zoned a utility site and the PUD Amendment is intended
for a single-family residential land use which is allowed by the PUD and is compatible
with the surrounding area. The surrounding development is single-family and multi-
family residential.
North: Existing residential structures (low density residential)
East: Undeveloped parcels: zoned conservation
South: Undeveloped parcels: zoned conservation
West: Existing residential structures (low density residential)
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
The proposed amendment for one single-family residential development and a
conservation easement will not create an iso lated district.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the proper!)' proposed for change.
The proposed boundaries are logically dravv11 given that all the property within the
boundaries is governed by the PUD.
5. 'Vhether changed or changing conditions make the passage of the proposed
amendment necessary.
The proposed residential zoning for the subject site falls entirely \vithin the Lely
Barefoot Beach PUD and the amendment will rezone the site to complement the land
use pattern of the area.
EXHIBIT A
Rezone findings for PUDZ-A-AR-6283
Page 1 of3
Agenda Item No, SB
April 25, 2006
Page 18 of 54
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
No adverse impacts are probable to the residents living north and west of the
amendment parcel. The deeding of 1.01 acres of mangroves will enhance the living
conditions in the neighborhood in addition to the required landscape buffering on all
sides of the single-family home.
7. Whether the proposed change will create or excessively increase traffic
congestion or create types of traffic deemed incompatible with surrounding land
uses, because of peak volumes or projected types of vehicular traffic, including
activity during construction phases of the development, or otherwise affect public
safety .
The Transportation Services Division has reviewed the proposed PUD Amendment
and has concluded the Amendment is consistent with the Transportation Element.
8. Whether the proposed change will create a drainage problem;
The proposed drainage system for Track J will utilize a J O-foot-wide swale for
detention and water quality on the north side of the property that wil1 improve the
drainage along the street.
9. Whether the proposed change will seriously reduce light and air to adjacent
areas;
All projects in Collier County are subject to Section 4.02.0J.B.l of the LDC requiring
that 60 percent of the development will be dedicated to usable open space or lands
reserved for conservation purposes. This requirement does not apply to individual
single-family lots less than 2.5 acres in size. The lot is 1.74 acres and 1.01 acres of
mangrove wetlands wil1 be deeded to Collier County which fulfills the LDC
regulations given that 58% of Tract J will be lands reserved for conservation purposes.
10. Whether the proposed change will adversely affect property values in the
adjacent area;
Propeliy 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 proposed change to residential use is more compatible to the
surrounding residential land uses and therefore, will not adversely affect the property
values in this area.
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 PUD regulations,
wil1 not be affected if this rezone is approved.
EXHIBIT A
Rezone Findings for PUDZ-A-AR-6283
Page 2 of3
Agenda Item t-Jo, 88
April 25, 2006
12. Whether the proposed change will constitute a grant of special privil~Eto SU<f{ 54
individual owner as contrasting with the public welfare;
Consistency with the FLUE is determined to be a public welfare and because the
amendment is in compliance with the GMP, the proposed action does not constitute a
grant of special privilege, nor does it contrast with public welfare.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
Tract J is currently designated as a utility site only. Since the utility site is no longer
needed a PUD Amendment is necessary to permit a residential land use.
14. Whether the change suggested is out of scale with the needs of the neighborhood
or the County;
The proposed residential development will be similar to other low-density residential
projects in the immediate area, and so it is not inconsistent with the scale or needs of
the neighborhood.
15. Whether it is impossible to find other adequate sites in the County for the
proposed use in districts already permitting such use.
Much of the land in this area is zoned residential, like the proposed amendment for the
subject property. This action is viewed by the GMP as consistent.
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.
Site conditions should not restrict the proposed use of the subject property because the
overall site design cUITently exists for the PUD.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County
Growth Management Plan and as defined and implemented through the Collier
County Adequate Public Facilities Ordinance, as amended.
A multi-disciplined team responsible for jurisdictional elements of the GMP has
reviewed this petition and they have found it consistent with the GMP. The conditions
of approval have been incorporated into the PUD document. Staff reviews for
adequacy of public services and levels of service detem1ined that required
infrastructure meets with GMP established relationships.
EXHIBIT A
Rezone Findings for PUDZ-A-AR-6283
Page 3 of3
Agenda Item No, 88
April 25, 2006
Page 20 of 54
FINDINGS FOR PUD
PUDZ-A-2004-AR-6283
Section 10.02.12 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.
Public utility facilities and services are currently available in this area of
Collier County. The local area surrounding Tract J is populated with existing
single and multi-family development and preservation lands. The proposed
amendment to the Lely Barefoot Beach PUD will be consistent with the
existing land use pattern in the area. Jurisdictional reviews by County staff
support the manner and pattern of development proposed for the subject
property. Development conditions contained in the Lely Barefoot Beach PUD
document give assurance that all infrastructures will be developed consistent
with County regulations and the pattern established. Any inadequacies that
require supplementing the PUD document will be recommended to the
Planning Commission and the Board of Collier County as conditions of
approval by staff. Recommended mitigation measures will assure compliance
with Level of Service relationships as prescribed by the GMP.
2. Adequacy of evidence of unified control and suitability of any proposed
agreements, contract, or other instruments, or for amendments in those
proposed, particularly as they may relate to arrangements or provisions
to be made for the continuing operation and maintenance of such areas
and facilities that are not to be provided or maintained at public expense.
Documents submitted with the application provide evidence of unified
control. 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 confonnity is
addressed in the Staff Report.
EXHIBIT B
Findings for PUDZ-A-2004-AR-6283
Page 1 of2
Aqenda Item l\jo, 88
~ April 25, 2006
Page 21 of 54
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 addition of a residential structure and the addition of 1.0 I acres
of preserve area within Tract J have been determined to be compatible with
the surrounding area. The development standards and commitments contained
within the PUD document will ensure that the proposed rezone will not
negatively impact the surrounding developed and undeveloped neighboring
properties.
5. The adequacy of usable open space areas in existence and as proposed to
serve the development.
The amount of open space set aside by the PUD Document is consistent with
the provisions of the Land Development Code.
6. The timing or sequence of development for the purpose of assuring the
adequacy of available improvements and facilities, both public and
private.
The timing or sequence of development in light of concurrency requirements
is not a significant problem. Lely Barefoot Beach is an existing PUD that is
72 percent built-out.
7. The ability of the subject properf)' and of surrounding areas to
accommodate expansion.
The subject parcel (Tract .I) is located at the southwest corner of Barefoot
Beach Boulevard and Bayfront Drive. The ability to expand. 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 which is available to this site. The necessary
infrastructure is in place to accommodate the requested action.
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.
The proposed PUD document confonns to PUD regulations or requests
deviations that staff analysis finds justified.
EXHIBIT B
Findings for PUDZ-A-2004-AR-6283
Page 2 of2
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Agenda Item No, 88
April 25, 2006
;:f~:p. ~f 5~
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February 7,2006
FEB I 0 2006
Dear Ms. Zone;
ZO t\!! 1\"-' DE"'
ni; i;;; ~'",J'T"i-r 'T
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This letter is to advise you that, as a property owner, we are against any rezoning of the
development known as Lely Barefoot Beach.
~
na S e
260 Barefoot Beach Blvd., #306
Bonita Springs, Fl.
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Agenda Item No, 8B
April 25, 2006
Page 34 of 54
February 20, 2006,
Melissa Zone
Principal Planner
Dear Melissa:
As a resident of 263 Barefoot Beach Blvd. Apt. 504, I am writing to oppose the rezoning
of Tract J referenced as PUDZ-A-2004-AR-6283 from a utility site to a residential
development site_ This property should be preserved in its natural state as it now exists_
Sincerely, .
~~
RECEIVED
FEB 2 4 ~
ZONING DEPARTMENT
Agenda Item No, SB
April 25, 2006
Page 35 of 54
Collier County Government
Attn: Melissa Zone
Department of Zoning and Land Development Review
2800 North Horseshoe Drive
Naples, Florida 34104
Dear Members of your committee:
I an objecting to Petition PUDZ-A-29004-AR-6283.
I feel that is crowded enough here now. We do not need any more development at this time.
You cannot drive down Barefoot Beach Blvd now. It needs to be widened but there some type of
vehicle parked on the road.
I do understand Osprey nest to be saved!!
~fjv
James J Heinz R.Ph.
261 Barefoot Beach Blvd # 501
Bonita Springs, FL 34134
239-992-8246
jj beinZ@comcast.oet
RECEJVED
UAR 0 'J /' '1n'.'
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ZONING DEPARTMENT
Agenda Item No, 88
April 25, 2006
Page 36 of 54
ALAN ZEILINGER
267 BAREFOOT BEACH BLVD.
APARTMENT PH 01
BONITA SPRINGS, FL
34134
MARCH 21 , 2006
COLLIER COUNTY GOVERNMENT
COMMUNITY DEVELOPMENT a ENVIRONMENTAL SERVICES
DIVISION
DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA
34104
DEAR Ms. ZONE,
MANY THANKS FOR YOUR LETTER OF MARCH 13, 2006
OUTLINING THE PROPOSED REZONING OF PUDZ..A..2004..AR-
6283. IF I AM UNDERSTANDING THE PROPOSED LOCATION OF
THIS REQUEST BY LELY DEVELOPMENT CORPORATION, IT IS THE
SITE OF THE OSPREY NEST.
IT IS MY UNDERSTANDING THAT (A.) THESE BIRDS WERE TO BE
LEFT UNMOLESTED; WHILE THEY HAVE MADE A COMEBACK OF
SORTS, IT IS EXACTLY THIS KIND OF DESTRUCTION OF THEIR
ENVIRONMENT THAT HAS THREATENED THEIR EXTINCTION IN
THE PAST. AND
(8) THERE WAS SUPPOSED TO BE A LIMIT ON THE POPULATION
DENSITY OF THIS SMALL SPIT OF LAND.
WE BOUGHT BOTH OF OUR SUITES WITH THE UNDERSTANDING
THAT BAREFOOT BEACH WOULD NOT IN ANY WAY MOLEST THE
MANGROVES, THAT THE EMPHASIS WAS TO BE ON MAINTAINING
BAREFOOT BEACH AS NATURAL A SITE AS POSSIBLE, AND THAT
THE POPULATION WOULD BE LIMITED IN PERPETUITY.
THIS PART OF FLORIDA HAS ALREADY SEEN SO MUCH
DESTRUCTION OF ITS NATURAL BEAUTY WITH THE
CONSTRUCTION OF ONE MONSTROUS HOUSE AFTER ANOTHER, ,
IT IS BECOMING MORE AND MORE .JUST LIKE WHAT WE WISH TO
LEAVE UP NORTH - CONCRETE, SHOPPING MALLS, TERRIBLE
TRAFFIC AND THE LOSS OF THE VERY SWEETNESS THAT
BROUGHT US HERE TO BEGIN WITH.
RECEIVED
MAR 2 7 2006
ZONING DEPARTMENT
Agenda Item No. 88
April 25, 2006
Page 37 of 54
ONE MORE HOUSE MAY NOT MAKE MUCH DIFFERENCE AT THIS
POINT, BUT THE LOSS OF THE OSPREY NEST SIGNALS THE END
OF ANY GENUINE WISH TO MAINTAIN THE ILLUSION THAT
BAREFOOT BEACH IS THE PARADISE IT USED TO BE.
YOURS TRULY,
ALAN ZEILINGER AND JESSIE GORDON
/ij) ".
~ .~ '^7
,- ~~~
---
--
Agenda Item No, SB
April 25, 2006
Page 38 of 54
February 10, 2006
Ms. Melissa Zone
Principal Planner
Collier County Government
Community Development and
Environmental Services Division
2800 North Horseshoe Drive
Naples, FL 34104
Dear Ms. Zone:
See last year's letter which clearly indicates our position concerning PUDZ-A-2004-AR-6283.
A few additional noteworthy points to be mentioned are:
1. Hurricanes are on the rise. Mangroves serve a better buffer than concrete slabs.
2. We must stop the greed of housing developers ifit effects the eco system and causes more
density. Try driving on Highway 41, 75 or Bonita Beach Road.
3. It would appear by the perseverance of Coastal Engineering, that because someone new is
making a decision, they test the system. Many owners don't forget and it shuld be a permanent
decision on this variance, instead of wasting tax payers money year to year. The problem exists
for such a change.
4. LeIy Barefoot has no room for any change. Look at Bonita Beach Road. It is a total disaster
because of so many variances. It seems this has spilled into a residential area.
5. The tract in question is a ''utility site". The term ''utility'' is defined as being useful or
beneficial The tract J as it stands now is beneficial in many ways to "all" taxpayerslhomeowners
and the eco system. If we continue to develop these wilderness areas, we will have nothing left to
rely on for it's usefulness. Why change something that isn't broken?
Thank you for your highest consideration in this matter. Not all change is for the good.
Sincerely,
~~~~~J;7L-
257 Barefoot Beach Blvd. Dnit 501
Bonita Springs, FL 34134
q 0' ? -1o{)j;2
rv\8 dci\~uJolf1cJ@I11SN. (JJ/Y)
, RECEIVED
FEB 1 3 2006
ZONING DEPARTMENT
"
Aoenda Item No, 88
v April 25, 2006
Page 39 of 54
February 24, 2006
Melissa Zone, Principal Planner
Collier County Government
Community Development and Environmental Services Division
Dept of Zoning
2800 N. Horseshoe Drive
Naples, FL 34134
Dear Ms Zone,
Thank you for your letter of January 18, 2006 regarding PUDZ-A-
2004-AR-6283. We are writing to record opposition to the proposed rezone.
Several factors influence our opposition position: density,
drainage/runoff and wildlife considerations. The roadway is too congested
as is resulting from the many cars proceeding to and from the Barefoot
Beach PreservelPark. Population density continues to be a challenge. Water
runoff7drainage from existing homes into the mangroves would be impaired
and, lastly, the current bird sanctuary would need to be removed.
RECEIVEL
MAR 0 3 2006
ZONING DEPARTMENT
--
Agenda Item No, S8
April 25, 2006
Page 40 of 54
THOMAS W. WINN.......262 BAREFOOT BEACH BLVD. #202.......BONITA SPRINGS, FL 34134
Collier County Government
Community Development Division
2800 North Horseshoe Drive
Naples, Florida 34104
Melissa Zone,
We object to any zoning change in the attached described property......Track "J".
There is enough residential development in this area.
Please decline any changes.
Sincerely,
~~'"'-w.kl-' ,
/-?";J-"'~7 C'_~~ ?U~
Thomas & Margaret Winn
February 15, 2006
RECEIVEr
FEB 2: \ 2006
Agenda Item No, SB
April 25, 2006
Page 41 of 54
RECeiVED
FER 0 9 Z006
ZONING DEPARTMENT
February 6, 2006
Collier County Government
Community Development and Environmental Services Division
Department of Zoning and Land Development Review
2800 North Horseshoe Drive
Naples, FL 34104
Attn: Melissa Zone
Principal Planner
Re: PUDZ-A-2004-AR-6283
We ask that the request from Lely Development Corporation to "rezone from the PUD
zoning district to the PUD Planned Unit Development known as Lely Barefoot Beach
PUD" (Tract "J") be denied.
We stronelv Ul1!e a NO Vote to this request.
~2~~~O~
~. ..~ R
Robert and Charlotte Worley, Owners
263 Barefoot Beach Blvd. No.302
Bonita Springs, FL 34134
FROM:
FRX NO.
Aqenda Item No, S8
Feb. 10 20~6 ~~~E~,2B~6
Page 42 of 54
February 10, 2006
7-1/1' 1-0 .'
~t./3-69'6~
Ms. Melissa Zone
Principal Planner
Collier County Government
Connnunity Development and
Environmental Services Division
2800 North Horseshoe Drive
Naples, FL 34104
Dear Ms. Zone:
See last year's letter which clearly indicates our position conoeming PUDZ-A-2004~AR-6283.
A few additional noteworthy points to be mentioned are:
1. Hurricanes are on the rise. Mangroves serve a better buffer than concrete slabs.
2. We must stop the greed of housing developers ifit ef.iects the eco system and causes more
density. Try driving on Highway 41, 75 or Bonita Beach Road.
3. It would appear by the perseverance of Coastal Engineering. that because someone new is
making a decision, they test the system. Many owners don't furget and it shuld be a permanent
decision on this variance, instead of wasting tax payers money year to year. The problem exists
for such a change.
4. Lely Barefoot has no room for any change. Look at Bonita Beach Road. It is a total disaster
because of so many variances. It seems this has spilled into a residential area.
5. The tract in question is a "utility site". The term "utility'" is defined as being useful or
beneficial. The tract J as it stands now is beneficial in many ways to "all" taxpayerslhomeowners
and the eco system. If we continue to develop these wilderness areas, we will have nothing left to
rely on for it's usefulness. Why change something that isn't broken?
Thank you for your highest consideration in this matter. Not all change is for the good.
Sincerely,
William and Madeline Wolf
257 BarefOot Beach Blvd. Unit 501
Bonita Springs, FL 34134
N. W. Milewicz
257 Barefoot Beach #301 Bonita Springs, FL 34134
Agenda Item No, 8B
April 25, 2006
Page 43 of 54
February 7, 2006
RECeiVED
FEB 1 0 2006
Ms. Melissa Zone, Principal Planner
Collier County Government
Community Development & Environmental Services
Department of Zoning , Land Development Review
2800 N. Horseshoe Drive
Naples, FL 34104
ZONING DEP.bJ.n~,,1EHT
Reference PUDZ-A-2004-AR-6283
Dear Ms. Zone,
Having sent several other comments over the years to your
organization relative to a change in use of the subject
parcel, citing ecological and esthetic concerns, I oppose
rezoning today on a technicality.
Costal Engineering Consultants Inc. the petitioners in this
matter for the Lely Development Corporation, have a clear
and distinct conflict of interest and should be removed
from these proceedings, before any discussions or
deliberation on this issue are undertaken.
Costal Engineering has over the years provided consultation
services to virtually every homeowner board and self-
governing entity in the seven Barefoot Beach communities.
In this issue we now find Costal situated on the other side
of the fence, attempting to alter the status quo in
Barefoot Beach, which I would argue is universally apposed
by most if not all of the Barefoot residents. The conflict
of interest is self-evident and could be characterized as
duplicitous.
Sincerely,
.7 &). ~~~
N.W. Milewicz
Telephone (239) 947-2066 - Cell Phone (630) 738-9680 - Email nwmilewicz@msn.com
Agenda Item No, 88
April 25, 2006
Page 44 of 54
Community Development & EnvironmentalServices Division of
Department of Zoning and Land Development Review
2800 N Horseshoe Rd.
Naples,Fl. 34134 February 15,2006
Chairman of above Review Division:
Mrs. Breeden and I are concerned and voice our strong opposition
to a proposal by the Lely organization that lowlands at the South
east comer of Barefoot Beach Blvd. and Bayfront Rd. in the gated
community known as "Barefoot Beach" be rezoned to permit
construction. This vacant property is defmitely in a flood plain
bordered by mangroves and environmentally sensitive. During the
rainy season much of it is underwater. Road water drainage on the
south side of Bayfront from the naked eye seems to flow towards
the property in question. An example is up until recently dual tire
marks were visible from the FPL truck that sunk to its axel in
watery muck when they installed a light pole for an osprey nest
erected over a dozen years ago.
Any changes to the existing zoning caused at the request of a
mighty real estate development organization would make a
laughing stock out of all environmental laws which our society
respects and jealously guards Please acknowledge and advise of
future public meetings about this issue. Thank you.
S' cerely,
. c d 53 Barefoot Beach Blvd. #303
Bonita Springs, F1.34134 -
Phone: 992-6551
RECEIVED
FEB 2 1 2006
ZONING DEPARTMENT
Aqenda Item No, 88
~ April 25, 2006
Page 45 of 54
February 14, 2006
Michael C. Fasching
269 Barefoot Beach Blvd.
Penthouse 4
Bonita Beach, FL 34104
Ms. Melissa Zone,
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
Dear Ms. Zone:
I was notified of the request to re-zone the Lely Barefoot Beach PUD. I have not had
time to totally review the PUD Document and Master Plan changing the Tract "J"
from utility site to residential development site. Let me add, however, that as a
resident of Barefoot Beach, I would be strongly against this revisitation of a plan unit
development for Barefoot Beach. There are multiple obstacles, the first of which is
an environmental problem with utilization of this wetlands and pristine costal reservoir
for residential usage. This has been a very carefully laid out development of Barefoot
Beach and this is not within the parameters of the previous Master Plan Document.
Furthermore, the simple study of the access to Barefoot Beach Road is that it is
already heavily taxed from the multiple private homes and condominiums, that would
be unsatisfactory. Particularty in the fact that a pass through to the public beach on
the far end of the property already over-stretches the use of this road. There simply
is not the infrastructure or road, nor the room for development of the road to make
this a suitable plan.
I would therefore strongly advise against any such attempt by Lely Development
Corporation to re-zone this development, which has already been entered into a
covenant with the Collier County government as well as the citizens and land owners
of Barefoot Beac .
RECEIVED
~"E:B 2 1 2006
ZONING DEPARTMENT
Agenda Item No, SB
April 25, 2006
Page 46 of 54
267 Barefoot Beach Blvd." #502
Barefoot Beach, FL 34134
February 17, 2006
Collier County Government
Community Development and Environmental Services Division
2800 North Horseshoe Drive
Naples, FL 34104
Attn: Melissa Zone, Principal Planner
Dear Planners,
I oppose the proposed rezoning of Tract "]" from the PUD zoning district to the PUD
Planned Unit Development known as Lely Barefoot Beach PUD, by revising the PUD
Document and Master Plan to show a change with Tract "J", consisting of 461.65 acres in
Sections 5, 6, 7 & 8, Township 48 South, Range 25 East, Collier County, Florida, from a
utility site to a residential development site.
Sincerely,
(' ..<:\ {j
rl~A...v-"
, /~ i
- Saddra Nelson
/jJ6v.
RECEIVED
FEB 2 2 2006
ZONING DEPARTMENT
FROM
FRX NO.
Mar.
Aqenda Item No. 88
10 2~4 ~~!PJ"l20013
Page 47 of 54
September 15, 2004
Fax to: 239.643~6968
Mr- Michael Bosi
Collier County Government
2800 North Horseshoe Drive
Naples. FL 34104
DcarMr. Bosi:
As per OUT telephone conversation regarding your letter of September 7, 2004 regarding the
Petition #PUDZ-AR-6283, I am confirming my concerns in writing in the hopes that these areas
will be brought to the Planning Commission.
When we bought OUT condo in Barefoot in 1990 we were told that the mangrove area. and
property east. of Barefoot Beach Boulevard would never be developed. We were told that area.
was to protect the bays and development would never be allowed.
There must be controls in place and planning commissioners must enforce those controls. I
believe development of that parcel is an infringement on the bay and wetlands. The
commissioners should be concerned with environmental issues not only how many more large
estate type homes and how much tax dollars they will generate. If they allow one house what
will stop them from allowing future requests. There must be an end to it now. Are the
developers beginning Bayiront 2,3,4, etc.? When will it stop?, when they get as far south as
Wiggins? .
There is currently an osprey stand on that property. We have encroached enough and these
beautiful birds will soon have no where else to nest.
The density in Barefoot Beach is severe now so why allow more building. especially on a piece
of property that was not intended for development.
Please! . g this letter to your commission as soon as possible.
William P. Wolf
9102 Marmora Ave.
Morton Grove, II. 60053
Property Owner: 257 Barefoot Beach Blvd.., #501
Agenda Item No. 88
April 25, 2006
Page 48 of 54
cohen&grigsby.
progressive law....
Hugh W. Nevin, Jr.
E-mail: hnevin@cohenlaw.com
September 28,2004
RECEIVED
SEP 3 0 2004
ZONING DEPARTMENT
Michael Bosi, AlCP
Principal Planner
Collier County Government
Community Development and
Environmental ServiCes Division
2800 North Horseshoe Drive
Naples, FL 34104
Re: Petition: PUDZ-A-2004-AR-6283
Dear Michael:
. ' c' ,,:Thank yo:u f9r informing me about the Petition for a Planned Unit Development
AII1,~ndment with respect to the property in the Lely Barefoot Beach POO.
o.
I am a resident of Collier County and live in Barefoot Beach. I would like to express my
unhappiness with the POO Amendment. For one, I believe the developers want to build on the
piece of property on which, year in and year out, an osprey family nests. In addition, the recent
hurricanes have shown that when the water rises, it floods this area temporarily indicating that
this is a natural overflow area which should not be converted into a building site. I believe
these environmental issues are paramount and should be respected by Lely Development
Corporation.
I therefore respectfully hope that your office and the other County offices will review the
Petition adversely.
~~/:ab: ,. ". ._.;_'.. _ _
cc: Linda.B,egtelycm.. CoT, ..",. c: -,~'ro;,. "'~
900724_1.06c:'.' "..- ,;,..-, ,..'';'' .;,Ut".,.:: ,,-' ..,; -"..-.;,- T':'-
,....-. .".
::\-.;CI!.J -~.IJ;~ .... ':
: :~ ~~'''',~i\(~l ~};~.~;ill',.~~.
Florida Office' 27200 Riverview Center Blvd., Suite 309 . Bonita Springs, FL 34134-4317
Telephone 239.390.1900. Telecopier 239.390.1901 . www.cohenlaw.com
Bonita Springs, Florida' Naples, Florida' Pittsburgh, Pennsylvania
p..genda Item No. 88
ADril 25, 2006
Page 49 of 54
September 15,2004
Fax to: 239-643-6968
Mr. Michael Bosi
Collier County Government
2800 North Horseshoe Drive
Naples, FL 34104
Dear Mr. Bosi:
As per our telephone conversation regarding your letter of September 7, 2004 regarding the
Petition #PUDZ-AR-6283, I am confirming my concerns in "Writing in the hopes that these areas
will be brought to the Planning Commission.
When we bought our condo in Barefoot in 1990 we were told that the mangrove area and
property east of Barefoot Beach Boulevard would never be developed. We were told that area
was to protect the bays and development would never be allowed.
There must be controls in place and planning commissioners must enforce those controls. I
believe development of that parcel is an infringement on the bay and wetlands. The
commissioners should be concerned with environmental issues not only how many more large
estate type homes and how much tax dollars they will generate. If they allow one house what will
stop them from allowing future requests. There must be an end to it now. Are the developers
beginning Bayfront 2, 3, 4, etc.? When will it stop?, when they get as far south as Wiggins?
There is currently an osprey stand on that property. We have encroached enough and these
beautiful birds will soon have no where else to nest.
The density in Barefoot Beach is severe now so why allow more building, especially on a piece of
property that was not intended for development.
Please bring this letter to your commission as soon as possible.
Sincerely,
William P. Wolf
9102 Marmora Ave.
Morton Grove, IL 60053
Property Owner: 257 Barefoot Beach Blvd., #501
Agenda Item No. 88
April 25. 2006
Page 50 of 54
~
CONSERVANCY
Of Southwest Florida
--- ---
April 12, 2006
Mr. Mark Strain
Chairman, Collier County Planning Commission
clo Melissa Zone
Community Development & Environmental Services Division
2800 North Horseshoe Drive
Naples FL 34104
RE: Lely Barefoot Beach Tract "J" PUDZ-A-AR-6283
Dear Mr. Strain and Planning Commissioners:
Based on the 1985 Settlement Agreement between The Conservancy, Inc. (now the
Conservancy of Southwest Florida), Lely Estates, Inc. and Collier County, a change such
as the proposal to rezone Tract "J" from a Utilities Site to a Single Family Residential
Unit must be approved by the Conservancy. The Conservancy has reviewed the proposal
and agrees to the proposed rezone continuing through the County approval process. The
Conservancy's agreement to this change is based on the preservation and deeding of the
mangrove section of Tract "J" to Collier County, along with the inclusion of the
Settlement Agreement as an attachment to the Planned Unit Development (PUD)
document.
The Conservancy's review of this proposal to change the use of Tract "J" from a utility
site to a single-family home shows that impacted acreage for a home would be much less
than the already permitted impacts for a utility site. Our staff determined that the change
in land use would be acceptable if four specific areas of concern were addressed by the
applicant.
1. Inclusion of Settlement Agreement in the PUD Document
The 1985 Settlement Agreement between The Conservancy, Inc., Lely Estates, Inc. and
Collier County was the outcome of years of legal battle over the sensitive environmental
resources at Lely Barefoot Beach. The Settlement Agreement resulted in the protection
of a substantial area of land, along with specific legal obligations as to how development
could occur or be modified within the development footprint. For example, changes to
the PUD, modifications to the landscape plans or requests to trim mangroves require
Conservancy approval.
Aoenda Item r~o. 8B
~ April 25, 2006
Page 51 of 54
Unfortunately, in the past, instances have arisen where activities that legally require
Conservancy approval were not submitted to the Conservancy. It was only through
County staff familiar with the Settlement Agreement that the Conservancy was alerted to
requested changes submitted to Collier County. Indeed, this PUD change began in such a
manner, though current staff at Coastal Engineering Consultants, Inc., after being alerted
to the Settlement Agreement, has been extremely helpful in incorporating Conservancy
stipulations and we appreciate their cooperativeness. However, such incidents serve as
justification for inclusion of the Settlement Agreement within the PUD document.
Therefore, in order to ensure in the future that County staff, Lely representatives and the
Conservancy are clear as to the obligations under the Settlement Agreement, the
Conservancy supports the Agreement being included as part of the PUD document.
Since the proposed changes to the PUD before you have this Agreement attached, we
believe this item has been sufficiently addressed.
2. Review of the Building Permit Application, Including Stormwater Plans
Through review of the site plan, Conservancy staff feels comfortable with the stormwater
management design on the proposed Tract "J" single family home site. Twenty-five foot
setbacks are being implemented, to provide a sufficient buffer between the home and the
mangrove wetlands. In addition, review of the conceptual drainage plans lead our staff to
believe further Conservancy review is not necessary. This item has been sufficiently
addressed.
3. Conservation Easement Placed on Mangrove Wetlands
Tract "J" contains 1.01 acres of mangrove wetlands adjacent to County-owned and
managed lands. The Conservancy had initially requested that the mangrove preserve be
protected by a conservation easement in favor of Collier County, with the Conservancy as
a signatory. However, the suggestion was made by the applicant to remove the mangrove
portion of Tract "J" from the single-family home site. Because the adjacent lands are
owned by Collier County, the Tract "J" mangroves would be deeded over to the County.
The Conservancy agrees with the applicant that this would be the best course of action
for protection and management of the mangroves. This item has been sufficiently
addressed and we are encouraged to see the language establishing the transfer of these
mangroves to Collier County within the proposed PUD.
4. All Applicable County Requirements Are Followed
At the time of initial submittal in November 2004, County staff had a number of
environmental concerns regarding the PUD amendment, primarily setbacks. Before the
Conservancy agreed to any change in the Lely Barefoot Beach PUD, we had requested all
County environmental concerns be addressed. It is our understanding that with the 25-
foot setbacks, the major environmental issues have been resolved. Therefore, we believe
this concern has been satisfied.
Agenda Item No. 88
April 25, 2006
Page 52 of 54
Due to the responsiveness of Lely Development Corporation and Coastal Engineering
Consultants, Inc. to the Conservancy's concerns and the concerns of Collier County, we
are agreeable to the changes requested for Tract "J." We appreciate the time and effort
that have gone into addressing these issues and believe this situation is a prime example
of how third party oversight through legal agreements can be an effective tool for
protection of environmental resources. Please let me know if the Conservancy can be of
additional assistance. I can be reached at (239) 403-4220.
Sincerely,
Nicole Ryan
Governmental Relations Manager
CC: Melissa Zone, Collier County
Robert Andrea, Coastal Engineering Consultants, Inc.
October 18, 2005
Protecting the nature of our
community for 40 years.
Agenda Item No. 88
April 25, 2006
Page UtYt=~nty
2123 First Street, Suite F
Fort Myers, Florida 3390 I
Phone 239.275.0330
Rt Fa.1: 239.275.7089
CtlVED
OCr 2 0 2005
Collier County
1450 Merrihue Drive
Naples, Florida 34102
Phone 239.262.0304
Fa.1: 239.262.0672
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0,._.' \._' j ...) ..~: \. ~;~ .. .. '__.' .
(:.~:" Sou." ;\\:c~st!:~1/__~;-iu~:
Mr. Robert Andrea
Planning Consultant
Coastal Engineering Consultants, Inc.
3106 S. Horseshoe Drive
Naples FL 34104-6137
RE: PUDZ-A-AR-6283-Lely Barefoot Beach
Dear Mr. Andrea,
Thank you for providing a copy of the Lely Barefoot Beach PD Tract "J" re-submittal
plan to the Conservancy for our review. As part of the 1985 Settlement Agreement
between the Conservancy, Lely Development Corporation and Collier County, Lely
Development Corporation agreed that review and written approval from the Conservancy
are required prior to certain changes to the PUD ordinance. The Conservancy believes
that a PUD rezone with regard to Tract "J" is such an instance where Conservancy
written approval is required.
Our initial review of this proposal to change the use of Tract "J" from a utility site to a
single- family home showed that impacted acreage for a home would be much less than
the already permitted impacts for a utility site. Staff determined that the change in land
use would be acceptable if four specific areas of concern were addressed by the applicant.
1. Inclusion of Settlement Agreement in the PUD Document
In order to ensure that County staff, Lely representatives and Conservancy staff are clear
as to the obligations under the Settlement Agreement, the Conservancy had asked that the
Agreement be included as an attached exhibit to the PUD document. The latest submittal
of the PUD application has this Agreement as Section XXIII of the PuTI Master Plan.
Therefore, this item has been sufficiently addressed.
2. Review of the Building Permit Application, Including Stormwater Plans
Though review of the site plan, Conservancy staff feels assured of proper stormwater
management on the proposed Tract "J" single family home site. Twenty-five foot
setbacks are being implemented, to provide a sufficient buffer between the home and the
mangrove wetlands. In addition, review of the conceptual drainage plans lead our staff to
www.conservancy.org
Agenda Item No. 88
April 25. 2006
Page 54 of 54
believe further Conservancy review is not necessary. This item has been sufficiently
addressed.
3. Conservation Easement Placed of Mangrove Wetlands
Tract "J" contains 1.01 acres of mangrove wetlands adjacent to County-owned and
managed lands. The Conservancy had initially requested that the mangrove preserve be
protected by a conservation easement in favor of Collier County, with the Conservancy as
a signatory. However, during our conversations, the suggestion was made to remove the
mangrove portion of Tract "J" from the single-family home site. Because the adjacent
lands are owned by Collier County, the Tract "J" mangroves would be deeded over to the
County. The Conservancy agrees with the applicant that this would be the best course of
action for protection and management of the mangroves. This item has been sufficiently
addressed and we encourage Collier County to accept these mangroves as an addition to
the adjacent County conservation lands.
4. All Applicable County Requirements Are Followed
At the time of initial submittal in November 2004, County staffhad a number of
environmental concerns regarding the PUD amendment, primarily setbacks. Before the
Conservancy agreed to any change in the Lely Barefoot Beach PUD, we had requested all
County environmental concerns be addressed. It is our understanding that with the 25-
foot setbacks, the major environmental issues have been resolved. Therefore, we believe
this concern has been satisfied.
Due to the responsiveness of Lely Development Corporation and Coastal Engineering
Consultants, Inc. to the Conservancy's concerns and the concerns of Collier County, we
are agreeable to the changes requested for Tract "J." We appreciate the time and effort
that has gone into addressing our concerns and believe this situation is a prime example
of how third party oversight through legal agreements can be an effective tool for
protection of environmental resources. Please let me know if the Conservancy can be of
additional assistance. I can be reached at (239) 403-4220.
Sincerely,
L/) icr1~ tAL/flIM
Nicole Ryan I
Environmental Policy Manager
CC: Joseph Schmitt, Collier County
Susan Mason, Collier County
Agenda Item No. Be
April 25, 2006
Page 1 of 10
-
EXECUTIVE SUMMARY
Recommendation to approve a resolution adopting the Collier County HUD 5- Year
Consolidated Plan for FY 2006 - 2010 and One Year Plan for FY 2006 - 2007 for Community
Development Block Grant (CDBG), Home Investment Partnerships (HOME), American
Dream Downpayment Initiative (ADDI) and Emergency Shelter Grant (ESG) Programs,
authorize required HUD Certifications, approve execution of Sub recipient Agreements by
the County Manager or his designee, and submit to the United States Department of Housing
and Urban Development (HUD).
OBJECTIVE: To obtain approval of a resolution adopting and transmitting the County's FY
2006 - 2010 5- Year Consolidated Plan and One-Year Action Plan for FY 2006 - 2007 as required
by the U.S. Department of Housing and Urban Development (HUD) for the Community
Development Block Grant (CDBG), Home Investment Partnerships (HOME), American Dream
Downpayment Initiative (ADD!) and Emergency Shelter Grant (ESG) Programs.
CONSIDERATIONS: On May 8, 2001, the Board of County Commissioners (BCe) approved
submission of the County's first 5- Year Consolidated Plan (FY 2001 through 2006) to HUD.
The current One-Year Plan for FY 2005 - 2006 was approved on April 12, 2005.
,-
The County is now required to adopt and submit a new 5- Year Consolidated Plan (FY 2006 -
2010) and One- Year Action Plan for FY 2006 - 2007 to HUn prior to May] 5, 2006. These new
plans were developed utilizing the County's Citizen Participation Plan adopted on January 9,
2001. In addition, the County retained Florida Planning Group from Jacksonville to assist in the
development of these required documents. Publ ic input was gathered at five public meetings in
November and December 2005. Grant applications requesting CDBG and HOME funding for
nonprofit organizations were accepted, scored and ranked in January and February 2006.
The main priority in the new 5- Year Consolidated Plan continues to be the need for a range of
affordable workforce housing opPOJiunities for very low to moderate income (less than $55,850
for family of four) residents along with special needs housing. The FY 2006 - 2007 plan
includes $1,749,000 for affordable housing initiatives. Due to its volume, the document is not
available in electronic fonnat. A hard copy of the plan is available for public viewing at the
following Collier County offices: CDES Operations SUppOJi and Housing Department: County
Manager's Office; Collier County Clerk's Minutes and Records Department.
A summary of the projects to be funded and the number of beneficiaries is attached.
-
FISCAL IMP ACT: The CDBG grant allocation for FY 2006 - 2007 is expected to be
$2,388,595, the HOME grant allocation is expected to be $717,893, ADD! is $14,371 and ESG
is expected to be $96,494. The CDBG and HOME entitlement programs allow a percentage for
administration and planning as follows: CDBG up to 20% ($477,719) and HOME up to 10%
($71,789). CDBO, HOME, ADDI and ESG staff and operational costs will be paid with these
federal funds.
Agenda Item No. 8e
April 25. 2006
Page 2 of 10
The Housing and Grants Section funding has been reduced by $307,449 as a result of a 9%
reduction in federal entitlement funds. Community Development and Environmental Services
Division (CDES) will seek a contribution from MSTD General Fund (111) through the
upcoming budget process to offset this reduction in federal entitlement funds.
GROWTH MANAGEMENT IMP ACT: The proposed projects in the One-Year Action Plan
assist in the implementation of the Growth Management Plan and Redevelopment Plans by
providing housing assistance, economic development and infrastructure improvements in the
community.
LEGAL CONSIDERATIONS: This request is internally consistent, complies with all
applicable laws and is legally sufficient for Board consideration and approval.
RECOMMENDATION: That the BCC approve a resolution adopting the Collier County HUD
5-Year Consolidated Plan for FY 2006 - 2010 and One Year Plan for FY 2006 - 2007 for
Community Development Block Grant (CDBG), Home Investment Partnerships (HOME),
American Dream Down payment Initiative (ADD!) and Emergency Shelter Grant (ESG)
Programs, authorize required HUD Certifications, approve execution of Sub recipient
Agreements by the County Manager or his designee, and submit to HUD.
Prepared by: Susan Golden, Federal/State Grants Administration Manager
Operations Support and Housing Department - CDES
Agenda Item No. Be
April 25, 2006
Page 3 of 10
SUMMARY FY 2006-2007 ACTION PLAN PROJECTS
Project Location Description Funding Beneficiaries Matchl
Leverage
Liberty Lake I nfrastructu re $700,000 150 home Land &
Landings Trafford Rd for 150 Habitat CDBG owner $10 million
Infrastructure and SR29, for Humanity households other funds
Immokalee attached villas
Sanders Pines Sanders Roof $257,00 40 farm $90,000
Apartments- Pines Circle replacement CDBG worker rental Private
roofs Immokalee for 40 low families funds
income rental
apts
Timber Ridge Wilton Court Convert! $350,000 Eden Park $30,000 &
Community & Carson rehab single CDBG community program
Center Road family home 200+ funds
Immokalee for community residents
center
Affordable US 41 & Shelter for $50,000 3 special Land &
Housing site Bayshore Abused Women CDBG needs rental $725,000
preparation East Naples & Children households donations
affordable
housing
Public Facility 51n Avenue City of Naples $116,079 900+
Improvements North & 10th improvements CDBG neighborhood
& Educational Street North In Carver/River residents
Programming Naples Park
neighborhood
Economic Greater Economic $100,000 5 - 10 $25,000+
DevelopmenU Immokalee Development CDBG individuals Other
Job Creation & eastern -Create 5 to resou rces
Collier 10jobs
Public Facility Copeland Phase II $137,370 300
Improvements SR 29 & US Streetlights CDBG residents
Copeland 41 and demolition
& clearance
Single Family County wide SF Rehab in $100,000 6 - 10 single
Rehab conjunction CDBG family,
with HOME & owner
SHIP occupied
households
HMIS Countywide Expansion of $50,000 6 - 9 $104,645
HMIS CDBG agencies SHP/CoC
for service serving
providers homeless
Agenda Item No. 8e
April 25, 2006
Page 4 of 10
CHDO Countywide Acquisition/ $107,684 1 family $170,000+
Acquisition & rehabilitation HOME line of
Rehabilitation of one credit
dwelling unit
TBRA Countywide Rental $350,000 30 - 40 $60,000
Assistance for HOME special program
30 homeless needs rental funds
and/or special households
needs
households
Single Family County wide County SF $134,847 7 - 9 single
Rehab Rehab In HOME family owner
conjunction occupied
w/CDBG & households
SHIP
Homeless Countywide Shelter for $96,494 60 - 80 $96,494
Assistance Abused ESG homeless private
Women & victims of funds
Children domestic
Emergency violence
Shelter
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 8e
April 25, 2006
Page 5 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
BC
Recommendation to approve a resolution adopting the Collier County HUD 5-Year
Consolidated Plan for FY 2006 - 2010 and One Year Plan for FY 2006 - 2007 for Community
Development Block Grant (CDBG), Home Investment Partnerships (HOME), American
Dream Downpayment Initiative (ADDI) and Emergency Shelter Grant (ESG) Programs,
authorize required HUD Certifications, approve execution of Subrecipient Agreements by the
County Manager or his designee. and submit to the United States Department of Housing
and Urban Development (HUD).
4/25/20069:0000 AM
Prepared By
Susan Golden
Community Development &
Environmental Services
Federal/State Grants Administration
Manager
Date
Financial Admin. & Housing
4/7[20061 :22:27 PM
Approved By
Cormac Giblin
Community Development &
Environmental Services
Housing Development Manager
Date
Financial Admin. & Housing
4[7[20062:03 PM
Approved By
Constance A. Johnson
Community Development &.
Environmental Services
Operations Analyst
Communit}' Development &
Environmental Services Admin.
Date
4[10/200612:49 PM
Approved By
Denton Baker
Community Development &.
Environmental Services
Financial Admin &. Housing Director
Date
Finam:iai Admin. &. Housing
4'11/20069:42 AM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
4/11/20064:47 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
4/12/20062:35 PM
Approved By
orv1B Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
4113[2006 1: 1 e PM
Approved By
Mark Isacl-,son
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
4114/2006 1 :02 PM
Approved By
Agenda Item No. Be
.A.pril 25, 2006
Page 6 of 10
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/14/20062:57 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
4117/200612:55 PM
Agenda Item No. 8e
April 25, 2006
Page7of10
RESOLUTION NO. 2006-_
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, APPROVING A FIVE-YEAR
CONSOLIDATED PLAN FOR FY2006-2010 AND FISCAL YEAR 2006-2007
ONE-YEAR ACTION PLAN FOR $3,217,353 FOR COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG), HOME INVESTMENT
PARTNERSHIPS (HOME), AMERICAN DREAM DOWNPAYMENT
INITIATIVE (ADDI) AND EMERGENCY SHELTER GRANT (ESG)
PROGRAMS, AUTHORIZING REQUIRED HUD CERTIFICATIONS,
APPROVING EXECUTION OF SUBRECIPIENT AGREEMENTS BY CDES
DIVISION ADMINISTRATOR, AND TRANSMITTAL TO THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD),
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the United States Department of Housing and Urban Development
(hereinafter HUD) in 24 C.F.R. 91 requires a Five-Year Consolidated Plan and One-Year Action
Plan be developed and submitted as an application for plamling and funding of Community
Development Block Grant (CDBG), HOME Investment Partnerships (HOME), American Dream
Downpayment Initiative (ADDI) and Emergency Shelter Grant (ESG) Programs; and
\VHEREAS, the overall goal of the community planning and development programs
covered by this plan is to develop viable communities by providing decent, affordable housing, a
suitable living environment and expanding economic opportunities for low and moderate-income
persons; and
\VHEREAS, the Five-Year Consolidated Plan for FY2006-2010 and One-Year Action
Plan for FY2006-2007 was developed following the Collier County Consolidated Plan - Citizen
Participation Plan, adopted January 9,2001; and
WHEREAS, the FY2006-2007 One-Year Action Plan will serve as: a planning
document for Collier County; an application for federal funds under the U. S. Department of
Housing and Urban Development (HUD) formula grant programs; a strategy to be followed in
carrying out the HUD programs; and an action plan that provides a basis for assessing
Page 1 of4
Agenda Item No. 8e
April 25, 2006
Page 8 of 10
performances;
NOW, THEREFORE BE IT RESOL VED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT:
1. The Board of County Commissioners of Collier County approves the Five-
Year Consolidated Plan for FY2006-2010 and FY2006-2007 One-Year
Action Plan for the CDBG, HOME, ADDI and ESG Programs, which is
attached and incorporated herein by reference, and authorizes the Department
of Operational Support and Housing (OSH) to transmit the Plan to the proper
funding authority and take all necessary actions for implementation of the
CDBG, HOME, ADDI and ESG programs.
2. The Chairman of the Board of County Commissioners is authorized to
execute certifications pertaining to the Consolidated Plan and Action Plan on
behalf of the County.
3. The One-Year Action Plan sets forth the dollar amounts estimated for each
activity to be funded by the CDBG, HOME, ADDI and ESG Programs. A
copy of the proposed projects, funding and beneficiaries is included in the
Executive Summary and incorporated by reference. Accordingly, the
individual Activity's Subrecipient Agreement for all CDBG, HOME and
ESG projects will be subsequently entered into on behalf of Collier County
and each such Agreement is hereby acknowledged as providing for a valid
public and County purpose. Based on these findings, the Community
Development and Environmental Services Administrator is authorized to
Page 2 of4
Agenda Item No. 8e
April 25, 2006
Page 9 of 10
execute the CDBG, HOME, and ESG Subrecipient Agreements to implement
each such Activity, so long as: 1) each such Subrecipient Agreement
conforms to the format of the attached blank forms in the Appendix, adopted
and incorporated by reference, and 2) the dollar amount of each Activity and
corresponding Subrecipient Agreement is consistent with targeted areas
outlined in the One-Year Action Plan, referenced above. The Community
Development and Environmental Services Administrator, or his designee, is
authorized to amend all Subrecipient Agreements adopted in accordance with
the FY 2006-2010 Consolidated Plan! Action Plan and HUD regulations, as
needed, in order to further the goals of the CDBG, HOME and ESG federally
funded programs.
4. SEVERABILITY. If any section, sentence, clause or phrase of this
Resolution is held to be invalid or unconstitutional by any court of competent
jurisdiction, then said holding shall in no way affect the validity of the
remaining portions of this Resolution.
5. EFFECTIVE DATE. This Resolution shall become effective upon adoption
by a majority vote of the Board of County Commissioners.
Page 3 of4
This Resolution adopted this
majority vote favoring same.
ATTEST:
DWIGHT E. BROCK, CLERK
By:
Deputy Clerk
APP. r.~.e..~.d...........fJ... form and
legal .' f, c ~,*y;
, i.1 .!~
l.~. 'd' - ,
Jeffrey \A.. Kifatzkow
Assista~ c~~rty Attomey
"4
Agenda Item No. 8e
April 25, 2006
Page 10 of 10
day of April 2006, after motion, second and
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Page 4 of 4
Agenda Item No. 80
April 25, 2006
Page 1 of 25
~,-
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners adopt an Ordinance amending
Schedule Eight of Appendix A of Chapter 74 of the Collier County Code of Laws and
Ordinances (The Collier County Consolidated Impact Fee Ordinance) providing for the
incorporation by reference of the impact fee study entitled "Collier County Library
Facilities and Items/Equipment Impact Fee Update" dated April 4, 2006, amending the
Library Impact Fee Rate Schedule to reflect the amended rates set forth in the impact fee
study, updating the annual mid-cycle indexing for the library impact fee rates, and
providing for a delayed effective date of June 12,2006.
OBJECTIVE: That the Board of County Commissioners (Board) adopt an Ordinance amending
Schedule Eight of Appendix A of Chapter 74 of the Collier County Code of Laws and
Ordinances (The Collier Cow1ty Consolidated Impact Fee Ordinance) to incorporate by reference
the impact fee study entitled "Collier County Library Facilities and ltems/Equipment Impact Fee
Update" dated April 4, 2006, to reflect the amended impact fee rates set forth in the impact fee
study, and to update the annual mid-cycle indexing for the library impact fee rates in order to
continue to accurately provide financial resources for the construction and/or expansion of the
County's Library System.
-
CONSIDERATIONS: Since 1988, Co Ilier County has used impact fees as a funding source for
growth-related capital improvements related to Library Facilities. The Board established the
current impact fee rates on June 28, 2005, through Ordinance 2005-33. Section 74-502 of the
Code of Laws and Ordinances (Code) states that impact fee studies should be reviewed "at least
every three years", however, due to the rapid and dramatic increases in construction and property
acquisition costs since adoption of Ordinance No. 2005-33, the County determined that a Library
Impact Fee update was required. Tindale-Oliver and Associates, Inc. (Consultant) was retained
to review the existing Library Impact Fees and recommend changes to the fees where
appropriate. The attached report describes the technical and legal framework and methodology
used to complete this update study.
Additionally, Section 74-305 of the Code requires annual indexing adjustments to Library
Impact Fees. Prior Library Impact Fee Studies and indexing methodologies did not include land
values in the calculations because the majority of the land utilized for libraries was not
"purchased" but instead came from donations or other sources. Due to the changing needs of the
County, land will now need to be purchased for future libraries and as such, this update includes
land values, and the index fonnula also reflects a land component.
Below is a side-by-side comparison of examples of current and proposed residential rates per
land use:
.--
Agenda Item No. 80
April 25, 2006
Page 2 of 25
Library Impact Fee Update
Page 2
LAND USE CURRENT PROPOSED DOLLAR CHANGE
RATE RATE (PER UNIT)
(PER UNIT) (PER UNIT)
Single Family (1,300 sq ft) $235,16 $46023 $225,07
Single-Family (2,000 sq ft) $361. 78 $505.25 $143.47
Single-Family (2,500 sq ft) $452.23 $548.59 $96.36
Multi-Family (1,800 sq ft) $325.60 $368.18 $42.58
Mobile Home (1,200 sq ft) $217.07 $454.70 $237.63
On April 5, 2006, the proposed Library Impact Fee rate schedule and the updated study were
presented to the Development Services Advisory Committee (DSAC) for review and
consideration. The DSAC, by majority vote, accepted the study, as it is required by the
provisions of Chapter 74 of the Code.
The proposed Library Impact Fee rate schedule and study will also be presented to the
Productivity Committee on April 19, 2006. Due to the timing requirements for the submittal of
this Executive Summary and the date of the Productivity Committee meeting relative to the date
of the public hearing for this item, the findings and recommendations of the Productivity
Committee will be presented for the record at the public hearing on April 25, 2006.
GROWTH MANAGEMENT IMP ACT: The proposed impact fee rates are designed to
provide adequate funding for Library System Facilities capital improvements indicated by the
Capital Improvement Element of the Growth Management Plan. The application of this rate
revision and indexing is also consistent with Objective 1.2 of the Capital Improvement Element
(CIE) of the Collier County Growth Management Plan (GMP), which states: "Future
development will bear a proportionate cost (?l facility improvements necessitated by grOlvth."
The proposed impact fee rates ensure that Library Impact Fee assessments consistently reflect a
pro rata share of the costs of growth-necessitated capital improvements, and the indexing
adjustment avoids larger rate increases every three years, thus promoting a measure of
predictability in annual revenues, a more reliable cost to those considering construction, and a
reduction in the costs for consultant services.
-,-
Based on direction given by the Board of County Commissioners on February 28, 2006, staff
will be developing a Request for Proposal for a study to generate a localized building cost index
to be used as a component in the annual indexing fonnulas for County impact fees. Upon the
completion of the study and approval by the Board, the indexing methodology for each impact
fee would then be amended. In the interim period, the consultant has provided a reliable updated
indexing methodology.
Agenda Item No, 8D
April 25, 2006
Page 3 of 25
Library Impact Fee Update
Page 3
Additionally, in regard to the effects of impact fees on new housing development, a 2,000 square
foot (living area) single-family home would have an associated Library Impact Fee of $505.25,
an increase of $143.47, which equates to a 40% increase in the individual rate. However, this
increase is approximately a 1 % increase in the current total impact fees for a single-family
home (on Collier County Water and Sewer).
Further, on July 27, 2005, the Board of County Commissioners adopted an amendment to
Chapter 74 of the Code establishin'g the County-wide Impact Fee Deferral Program for
affordable housing. Therefore, this impact fee increase will be included in the total deferred
amount for qualifying dwelling units and will not create an additional unforeseen financial
burden to those qualifYing individuals.
FISCAL IMP ACT: Based upon collections of Library Impact Fees and residential permitting
activity, as well as from current permitting activity and forecasts, the projected change in Library
Impact Fee revenue associated to the rate revisions and indexing is estimated to be 35% or an
additional $731,000 per year; however, any changes in pennitting activity and trends associated
with the size of new homes being constructed in Collier County will directly affect this impact
fee revenue stream. Additionally. all permits that are currently "in progress" via a complete
building permit application are not subject to imposition of the revised impact fee. The revised
Library Impact Fee rate will apply to all residential pem1its appUedfor on or after June 12, 2006.
LEGAL CONSIDERATIONS: The proposed changes to Chapter 74 of the Code, related to
Library Impact Fees, are intemally consistent, comply with all applicable law, and are legally
sufficient for Board consideration and approval.
RECOMMENDATION: Staff recommends that the Board adopt the attached Ordinance,
amending Chapter 74 of the Collier County Code of Laws and Ordinances (the Collier County
Consolidated Impact Fee Ordinance) and implementing the proposed Library Impact Fee rates
with a delayed effective date of June 12, 2006, subject to filing the new Ordinance with the
Florida Department of State.
Prepared By: Amy Patterson, Impact Fee and Economic Development Manager
Operations Support and Housing, CDES
-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 80
April 25, 2006
Page 4 of 25
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
80
Recommendation that the Board of County Commissioners adopt an Ordinance amending
Schedule Eight of Appendix A of Chapter 74 of the Collier County Code of Laws and
Ordinances (The Collier County Consolidated Impact Fee Ordinance) providing for the
incorporation by reference of the impact fee study entitled Collier County Library Facilities
and Items/Equipment Impact Fee Update dated April 4. 2006, amending the Library Impact
Fee Rate Schedule to reflect the amended rates set forth in the impact fee study. updating
the annual mid-cycle indexing for the library impact fee rates, and providing for a delayed
effective date of June 12. 2006.
4/25/2006 9:0000 AM
Prepared By
Amy Patterson
Community Development &
Environmental Services
Impact Fee Manager
Date
Financial Admin. & Housing
4/7/20064:27:15 PM
Approved By
Marilyn Matthes
Public Services
Library Assistant Director
Date
Library
4111/2006 8:49 AM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
4111120069:29 AM
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Date
Community Development &
Environmental Sf:rvices Admin.
4111/20069:43 AM
Approved By
Denton Baker
Community Development &
Environmental Services
Financial Admin l;, Housing Director
Date
Financialh.dmin. t. Housing
4/11/2006 9:51 AM
Approved By
Marta Ramsey
Public Services
F'ublic Services Administrator
Date
Public Services Admin.
4/11/200611 :30 AM
Approved By
Joseph K. Schmitt
Community Development '"
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Comm,mity Development Ii.
Environmental Services Admin.
4/12/20069:21 AM
Approved By
OMB Coordinator
County Manager"s Office
Administrative Assistant
Date
Office of Management 8. Budget
4/12/Z()06 3 :06 PM
Approved By
Agenda Item No. 80
April 25. 2006
Page 5 of 25
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/14/20064:53 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/14/2006 5: 10 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
4/18/20066:55 PM
Agenda Item No. 8D
April 25, 2006
Page 6 of 25
ORDINANCE NO. 2006-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE EIGHT OF
APPENDIX A OF CHAPTER 74 OF THE COLLIER COUNTY CODE OF
LAWS AND ORDINANCES, THAT ORDINANCE BEING THE COLLIER
COUNTY CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13,
AS AMENDED, PROVIDING FOR THE INCORPORATION, BY
REFERENCE, OF THE IMPACT FEE STUDY ENTITLED "COLLIER
COUNTY LmRARY FACILITIES AND ITEMSIEQUIPMENT IMPACT
FEE UPDATE"; AMENDING THE LmRARY IMPACf FEE RATE
SCHEDULE, AS SET FORm IN THE IMPACT FEE UPDATE STUDY;
UPDATING THE ANNUAL MID-CYCLE INDEXING FOR THE
LmRARY IMPACT FEE RATES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR A DELAYED
EFFECTIVE DATE OF JUNE 12, 2006.
WHEREAS, on March 13, 2001, the Board of County Commissioners adopted
Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superseding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances (the "Code"); and
WHEREAS, on March 23, 2004, the Board of County Commissioners adopted
Ordinance No. 2004-21, amending the Collier County Consolidated Impact Fee Ordinance,
thereby establishing the County's then applicable Library Impact Fee rates; and
WHEREAS, in compliance with Section 74-305(g) of the Code, on June 28, 2005, the
Board of County Commissioners adopted Ordinance No. 2005.33 which applied the Library
Impact Fee rate indexing in accordance with the prescribed methodology and corrected a
previous credit calculation error, thereby establishing the rates that are currently in effect; and
WHEREAS, Collier County has experienced rapid and dramatic increases in the cost of
construction and property acquisition, well above the national average, since Ordinance No.
2005-33 was adopted; and
WHEREAS, as Section 74-502 of the Code states that impact fee studies should be
reviewed at least every three years, the County retained TindaIe-Oliver and Associates,
Incorporated (the "Consultant"), to review the existing Library Impact Fees and recommend
changes to the fees where appropriate; and
WHEREAS, the Consultant has prepared an impact fee study, entitled "Collier County
Library Facilities and ItemsfEquipment Impact Fee Update," dated April 4, 2006 (the "Study");
and
WHEREAS, Collier County uses impact fees to supplement the funding of necessary
capital improvements required to provide public facilities to serve new population and related
development that is necessitated by growth in Collier County; and
WHEREAS, the Study recommends changes to the Library Impact Fee rate schedule, as
set forth in Schedule Eight of Appendix "An of Chapter 74 of the Collier County Code of Laws
and Ordinances; and
WHEREAS, the Study also recommends establishing the proposed impact fee rates in
order to more equitably distribute the costs of acquiring public facilities based upon a rational
~ teXt is added; SIN. lhreuj!h text j, delete<!
Agenda Item No. 80
April 25, 2006
Page 7 of 25
nexus relating costs incurred by fee payers to infrastructure impacts created by residential land
uses; and
WHEREAS, the Consultant has reviewed and updated fee calculation and indexing
methodologies that will be imposed in an equitable and non-discriminatory manner; and
WHEREAS, staff has thoroughly reviewed the calculations and findings, concurs with
the recommended changes to the Library Impact Fee rate schedule, and recommends that the
Board of County Commissioners adopt this Ordinance to implement the recommended changes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLlER COUNTY, FLORIDA, that:
SECTION ONE. Article I, General, Section 74-106, Adoption of impact fee studies, of the
Collier County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74-106.
Adoption of impact fee studies.
***
(4) Library facilities: "Collier County Library Facilities and ItemslEquipment Impact
Fee Update" prepared by Tindale-Oliver and Associates, Inc. (M:aroa ~, 2CXH
with fevisiofts iH "^4'ril 2005 April 4. 2(06);
***
SECflON TWO. Article ill, Special Requirements for Specific Types of Impact Fees, Section
74-305, Same - Library impact fee, of the Collier County Code of Laws and Ordinances is
hereby amended to read as follows:
Section 74-305.
Same - Library impact fee,
***
(g) Annual mid-cycle general gaveR'l1!'/;ent library impact fee rate indexing. Beginning on
May 1, 2004 the County shall commence a three-year Library System Impact Fee
update cycle pursuant to Subsections 74-201(b) and 74-502(a) of the Code. ffi EJfl:eh of
the tW0 mid cycle years (betweeB the feffBB:l tHree year uJ'l6Rtes) beginning eQn or
about May l~ of each of the two mid-years between updates. the County shall
implement adjustments to building costs based upon the building cost index provided
by the Engineering News-Record and weighted as 6+ 60 percent of the index, plus the
library items costs, based on the Consumer Price Index for the Miami-Ft. Lauderdale
area provided by the Bureau of Labor EeeHemies Statistics. weighted as ~ 27 percent
of the index. plus the ten-vear trend for market values of countywide land (including
buildings and structures) published by the Collier County PropertY Appraiser's Office.
weighted as 13 percent of the index. Mid-cycle indexed rate change adjustments will
be adopted by a resolution of the board pursuant to subsection 74-201(b) of this
chapter.
SECTION THREE. 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
~ tat is .dded; 81N.lI: .......l>gIJ t""t is de.lcted
P"!!<'2of4
Agenda Item No. 8D
April 25. 2006
Page 8 of 25
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portions.
SECI10N FOUR. INCLUSION IN CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered and internal cross-references amended throughout.to accomplish such, and the word
"ordinance" may be changed to "section," "article," or any other appropriate word.
SECTION FIVE. EFFECTIVE DATE.
This Ordinance shall be effective June 12, 2006, subject to filing with the Florida
Department of State.
PASSED AND DULY ADOPl'ED by the Board of County Commissioners of Collier
County, Florida this _ day of .2006.
ATTEST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
FRANK HALAS, Chairman
..\pp,;ovcd ,l:- W farm
nnd,jc!.',~ rffi~iyOCY:
+:EPi,t=---
.leJiTh A. K\aLzkow
/\:;si~!'i.1ni ("counT;" :-\ttornc)
l!Iidl:ilIi.Ili leXl i.I odded; __~ te.xt is dtleled
Page3ot4
APPENDIX A
Agenda Item No. 8D
April 25, 2006
Page 9 of 25
SCHEDULE EIGHT: LmRARY gYSTEM JMPACf FEE RATE SCHEDULE
Land Use Category
Reside&li&l Lead Usel
Resiaeaaal
Impact Fee Rate
$)8(;).89 per 1,000 S~8fe feet
(M:lI:IliJmIm fee af $723.$6)*
"The Libfllf}' System lmpfitlt Fee is sawed eases Hpea die fee IlflIllieehle ta a 1,000 Slllillf8 f~at
d'Ji'eatBg lHHt.
Sin21e-Familv Detached:
Less than 1.500 SQuare feet
1.500 to 2.499 sauare feet
2.500 square feet or more
Multi.Familv
Mobile Home
$460.23 ver dwellinl!' unit
$506.25 ocr dwellinl!: unit
$548.59 per dwellinl! unit
$368.18 per dwelline: unit
$454.70 oer dwelline: unit
~ leX! i& added; 81Nok lIln. lW U dcIeled
P"3C 4 of 4
COLLIER COUNTY
LIBRARY FACILITIES AND ITEMS/EQUIPMENT
IMPACT FEE UPDATE
Prepared for:
COLLIER COUNTY
April 4, 2006
Prepared by:
Tindale-Oliver & Associates, Inc.
1000 N. Ashley Or., #100
Tampa, Florida 33602
ph (813) 224-8862, fax (813) 226-2106
Agenda Item No. 8D
April 25, 2006
Page 10 of 25
COLLIER COUNTY
LIBRARY FACILITIES AND ITEMS/EQUIPMENT IMPACT
FEE UPDATE
Table of Contents
I.
II.
III.
IV.
V.
VI.
I n trod u ctio n ............................ ............ ...... ............................. .......... ........ .....
Overview of Library Impact Fee ................................................................
Legal Bas is .... ........ ............... ........ .......... .......... ........ ........ ............ .................
F ac Hity In v en to ry .. .......... .......... ........... ........ ................. ......................... ......
Level 0 f Se n'i ce .. ...................... ........ .......... ............ ..... ............................ .....
Co s t Co m p 0 n en t ........... .......... ........ ................... ......... ........... .......... ........ .....
Library Buildings and Land Cost..... ............ ............................. ........ .......... ...
Library Items/Equipment Cost.......................................................................
Summary of Li brary Capital Costs................................................ ................
Credit Compo nen t ................. ........ .......... .............................................. ......
P erso ns per Housing Unit.......... .......... .......... ........... ...................................
Proposed Library Impact Fee Schedule ....................................................
An n ual Indexing of Fee ConI ponents .........................................................
B u i I din g Cost.................................................................................................
Land Cost.......................................................................................................
Library I tem/Eq uipment Cost .......................................................................
A pp Ii cati on.....................................................................................................
VII.
VIII.
IX.
X.
LIST OF TABLES:
Table I
Table 2
Table 3
Table 4
Table 5
Table 6
Table 7
Table 8
Table 9
Table 10
Table 11
Table 12
Library B ui Idings and Land...............................................................
Collier County Library System - 2005 Level of Service ..................
Current Level of Service and Level of Service Standards .................
Library Building and Land Cost ........................................................
Library I tems/Equipment Cos1...........................................................
Summary of Capital Costs.................................................................
Persons per Housing Unit, Collier County........................................
Library I mpact Fee Sched ule ................................................ .............
B ui Idi ng Cost Index.............. ........................................................ .....
Property Market Values. Collier County...........................................
Library Item/Eq uipment Cost Index.............. ....................................
Distribution of Capital Cost...............................................................
Agenda Item No. 80
A.pril 25, 2006
Page 11 of 25
1
2
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3
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6
6
7
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5
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Tindale-O/iver & Associates, Inc.
April 2006
Collier COllnty
Library Impact Fee Final Report
13
Agenda Item No. 80
April 25, 2006
Page 12 of 25
COLLIER COUNTY
LIBRARY FACILITIES AND ITEMS/EQUIPMENT IMP ACT FEE
I. INTRODUCTION
Tindale-Oliver & Associates, Inc. (TOA) was retained by Collier County to conduct an
update of its Library Impact Fee. The current library impact fee is $181 per 1,000 square
feet of residential land uses and is based on a study that was last updated in March 2004,
followed by a partial update in April 2005. This report presents the results of the library
facilities and items update impact fee study for the County.
The Collier County Library System includes eight facilities:
. Headquarters Library
. Naples Branch
. Vanderbilt Beach
. East Naples
. Estates Branch
. Golden Gate
. Immokalee
. Marco Island
The library system serves all residents of Collier County and its municipalities. Over the
past five years the County expanded square footage of the Immokalee Branches and
constructed the new Headquarters Library. The expansion, construction, and furniture
cost of these facilities totaled approximately $9 million. For the period from 2005 to
20 I 0, the County is planning to spend an additional $16.5 million to expand its facilities.
Planned capital additions include:
· Golden Gate Branch Expansion
· South Regional Library
The last full update of the County library impact fee was completed in 2004. Given the
changes in construction costs and land values, the County detennined that a Library
Impact Fee update is required. The remainder of this report provides findings of the
update study based on current information available.
Tindale-Oliver & Associates, Inc.
April 2006
Collier County
Library Impact Fee Final Report
Agenda Item No. 80
Apri125,2006
Page 13 of 25
II. OVERVIEW OF LIBRARY IMPACT FEE
There are seven major elements associated with the development of the library facilities
and items impact fee:
· Legal Basis
· Inventory
· Level of Service
· Cost Component
· Credit Component
· Total and Net Library Facility and Items Impact Cost
· Proposed Library Impact Fee Schedule
These elements are summarized in this report, with the result being the net impact cost
for new development in Collier County. The library impact fees are charged only to
residential land uses and net impact cost is reflected in a cost per dwelling unit for
residential land uses.
III. LEGAL BASIS
Library facilities are essential governmental services that the County provides to
residents of the County and its municipalities. The authority for Florida counties to adopt
and collect impact fees to offset the impacts of new development on public services is
well-established. See e.g., St. Johns County v. Northeast Florida Builders Association,
583 So. 2d 635, 638 (Fla. 1991) ("The use of impact fees has become an accepted method
of paying for public improvements that must be constructed to serve new growth.")
(citing Home Builders & Contractors Ass'n. v. Palm Beach Cty., 446 So.2d 140 (Fla. 4th
DCA 1984); Hollywood, Inc. v. Broward County, 43] So.2d 606 (Fla. 4th DCA 1983)).
State statutes specifically "encourage the use of innovative land development regulations
which include provisions such as ... impact fees:' and Florida courts have upheld local
government's authority to adopt fees under general home rule and police power theories.
See ~ ] 63.3202(3), Fla. Stat.: see also Home Builders & Contractors Ass'n., 446 So.2d
140. Like Collier County, many other Florida counties fund libraries, at least in part,
through impact fees; including Citrus. Brevard, Hernando, Lake, Mm1in, Monroe.
Sarasota, and Palm Beach.
Under Florida law, impact fees must be "reasonable," where "reasonableness" is
detennined by compliance with the "dual rational nexus" test, which requires "a
reasonable connection. or rational nexus. between the need for additional capital facilities
and the growth in population generated by the subdivision." Hollywood, Inc., 431 So.2d
6] ] - ] 2. In addition, the government must shO\v a reasonable connection. or rational
nexus, between the expenditures of the funds collected and the benefits accruing to the
subdivision." See also St. Johns County, 583 So.2d at 637. It is assumed that these
general principles apply to the library impact fees adopted by the County. This study
demonstrates the "need" created by new development for new libraries and that new
Tindale-Oliver & Associates, Inc.
April 2006
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Collier County
LihrmJi Impact Fee Final Report
Agenda Item No. 8D
April 25, 2006
Page 14 of 25
development receives a reasonable benefit from the expenditure of library impact fee
revenue.
First, the need, or demand, for libraries, and the capital facilities necessary to provide
those services, is driven by the establishment of residential land uses; so, as vacant lands
within the County convert to residential uses, the demand imposed for additional library
buildings, land, and materials increases. This "need" is demonstrated by the County's
current and adopted level of service (LOS), which is discussed more thoroughly herein.
The County's adopted level of service is reasonable compared to those of other Florida
counties and the State of Florida standards.
The demand factor for library facilities and services is people: as additional people move
into Collier County, there is created demand for additional libraries. This demand is
measured in terms of additional housing unit for different residential land uses.
Second, new development paying the impact fee will receive a benefit from new library
facilities. Home Builders & Contractors Ass'n., 446 So.2d at 143 (rejecting the
contention that mere use of impact fee-funded facilities by existing residents invalidates
the impact fee). But for the imposition of impact fees and the resulting capital expansion,
existing level of service standards would actually diminish as new growth occurs. St.
Johns County, 583 So. 2d at 639. As the County population increases, Collier County
will be able to provide adequate and sufficient libraries, materials, and services to the
new population consistent with the facilities and services currently enjoyed by existing
residents. The County's existing impact fee ordinance and program of planned capital
improvements further ensure that library impact fee revenues will be eam1arked and spent
for the benefit of those paying the fee.
This study is based on the level of service adopted in the Capital Improvements Element
of the County's Comprehensive Plan. The scheduled new library projects funded through
impact fees will ensure that the current level of service is maintained and existing
facilities are not required to shoulder the burdens of new grO\vth and thereby provide
diminished library functions to all residents, existing and new. There are two (2) major
new library expansions planned between now and 20 I 0 that will accommodate the needs
of new development for libraries. These improvements will cost approximately $ I 6.5
million in today's dollars.
IV. FACILITY INVENTORY
Table I provides a summary of existing library facilities. Currently, Collier County owns
104,300 square feet of library facilities. This amount includes the portion of the
Headquarters Library that is already paid for (37 percent of the 42,OOO-square foot
building or 15,540 square feet). Because debt service on the remaining portion of the
building is being paid back with impact fees, this portion (26,460 square feet) is not
included in the inventory to ensure the new development will not be charged twice for the
same facility.
Tindale-Oliver & Associates, Inc.
April 2006
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Collier County
Library Impact Fee Final Report
Agenda Item No. 80
April 25. 2006
Page 15 of 25
The building replacement cost of $343.50 per square foot is determined based on
estimates prepared for the South Regional Library and Golden Gate Library addition.
Land replacement value is determined based on a review of future planned library
locations (presented on page 1), land values in these areas based on vacant land sales as
well as information from the Property Appraiser's database. This analysis results in an
average land value of $237,000 per acre.
Table 1
Library Buildings and Land
..... .... Toml Square: Acres 'per 1.000 I Building
Squ8r~ Footage- on Totftl sf of Building Adjusted Replacement
Fa dliry Name Address Year Built 2 F oota2:f' 3 Site" Acres! Soacr' Acres"" Vahle-'
lmmokalee Branch 4] 7 ] st Street North I G78i2004 8.513 23.566 1000 0424 ) 61 $2.924,2] 6
!'iaDles Branch 650 Central Avenue ] 965/1992 36.339 .16.339 266 0073 266 $]2.482.447
Golden Gate Branch 4848 Coronado Parh"a\ ] 978 7.2]3 63.074 1156 o 183 1.32 $2.477.666
East Naples Branch 8787 Tamlaml Trail 1989 6.600 6.600 0.87 0132 087 $2.267.100
Estates Branch 1266 Golden Gale Blvd West 1994 ] 1.182 I Ll82 208 0186 208 $3.841.017
Marco Island Branch J 263 Mistletoe Court 1488 11.684 11.684 1.51 0129 1.5J $4,013.454
Headquarters Brrmch '. 2187 Oran!!e Blossom Dnve :2002 1 :'.540 ",.000 763 N/A 763 $5.337.990
Vanderb1l1 Branch 7&8 Vanderhill Beach Road ]'-181 "7.2~ I 7,251 I 69 0.233 1.69 $2.490.71 q
Lund for South Re~iona] Llr.rarv 1<' L~h Cultural Parkwa\ "fA 'l./A ,""A 20 ~ 10 'JiA ]2.)0 N,'A
1'01.11 10<.322 201.696 S8.110 33.87 $35.834.609
Total Land \'alllc " $8.027.190
Building cost per square foof Il $343.50
Land fOst per ;-lcrt' u $237.000
(]) Source: Public Library and Financial Administration & Housing Depal1ments, Collier County
(2) Two different years indicate original construction and addition/renovation dates.
(3) Square footage of the indicated facility.
(4) Square footage of all buildings on a given parcel.
(5) Acreage of the parcel where the building is located. In some cases, this acreage includes other
buildings.
(6) Acres (Item 5) divided by the total square footage (Item 4) multiplied by 1,000.
(7) Acres per 1,000 sf of building space (Item 6) multiplied by square footage (Item 2) divided by 1,000.
(8) Square footage (Item 3) multiplied by building cost per square foot (Item 12).
(9) A portion of the Headquarters Library is funded with a bond issue and the debt service is paid back
with impact fee revenues. As such, only the portion that is already paid for is included in the inventory
(37%).
(1 O)The County owns the land for the future South Regional Library.
(11) Adjusted acres (Item 7) multiplied by the land cost per acre (Item 13).
(12) Based on construction cost estimates prepared for the South Regional Library and the addition to the
Golden Gate Library.
(13)Based on an evaluation of future planned library locations and land values in these areas.
It should be noted that the past library impact fee studies did not include land value in the
inventory even though the County did have the legal right to include it in the impact fee
calculations. However, due to the future needs of the County in relation to the current
land inventory, the County will need purchase land for future libraries. Therefore. this
update study included the land value in the calculations.
Tinda!e-Olirer & Associates, Inc.
April 2006
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Collier County
Libra!). Impact Fee Fina! Report
Agenda Item No. 80
April 25, 2006
Page 16 of 25
V. LEVEL OF SERVICE
The following table provides a summary of the current level of service (LOS) for library
buildings, books, other items, and computers in Collier County.
The weighted population is adapted from the County's Comprehensive Planning
estimates and is comprised of a weighted average of the year-round population and peak
season population for Collier County.
Table 2
Collier County Library System - 2005 Level of Service
2005
Adopted
Level of
Service"
Sq~ar~.Footage/Weighted. ... Current Level
... dunt I l'op~l;ti6n2ofServiCe3
Library Buildings (owned) 5 104.322 364.970 0.29 0.33
Library Buildings (all) 6 130.782 364.970 0.36 0.33
Library Books 7 560.974 364.970 1.54 1.80
Other Library Collection 81.592 364.970 0.22 N/A
Computers H 126 364.970 0.00035 N/A
(1) Source: Table 1 for the buildings and Public Library Department, Collier County for other items.
(2) Source: Comprehensive Planning Division, Collier County
(3) Square footage/count (Item 1) divided by population (Item 2)
(4) Source: Public Library Department, Collier County
(5) Includes only the facilities that are paid for.
(6) Includes all library buildings.
(7) Includes 25,000 audio books.
(8) Includes only the computers available for public use.
It should be noted that two different calculations of the current LOS for buildings were
provided in the table. One of these calculations includes only the buildings owned by the
County. The other includes all existing buildings, which better reflects the service
County residents are receiving. As presented in the table, the County's current LOS is
below the adopted LOS standard when only the owned buildings are included. However,
when all buildings are included (which is a better measure of the service provided to
County residents), the current LOS is above the standard.
Given the "lumpy" nature of library construction, the LOS is likely to fluctuate over time.
In other words, because it is not feasible to build small increments of library space (i.e.,
only the square footages necessary to accommodate annual population growth), whenever
a new library is built, the LOS increases to a higher level, which results in additional
capacity to be used by new gro'^'th over time. Given this variation, the impact fee
calculation is based on the adopted LOS, which is the service level the County aims to
achieve and uses for planning purposes. Future plans for expansion of the library system
will seek to maintain the adopted LOS.
Tindale-Oliver & Associates, Inc.
April 2006
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Collier County
Library Impact Fee Final Report
Agenda Item No. 8D
April 25,2006
Page 17 of 25
In terms of books, the current LOS is below the adopted LOS standard. The County does
not have adopted standards for other library collection or computers.
A comparison of the current Collier County LOS, the LOS standard (LOSS), LOS of the
other Florida counties, and the State Standards is presented in Table 3.
Table 3
Current Level of Service and Level of Service Standards
.... Collier County 1 . FLA Public Libraries Standards 3
Adopted LOS Other FL .. ... .'
, 2 . ^ . ,
Category Current LOS Standard Counties Essential Enbanced Exemplary
Librar\' Buildings (owned) -- sfper capita 4 029 0.33 0.44 0.60 0.70 1.00
Library Buildings (all) -- sfper capita; 0.36 0.33 0.44 N/A N/A N/A
Library Books -- books per capita 154 180 186 N/A N/A N/A
Other Library Collection -- items per capita 0.22 N/A N/A N/A N/A N/A
All Library Collections -- Items per capita 1.76 N/A 207 2.00 3.00 4.00
Computers -- computers per 1.000 people 0.35 N/A 047 CUO (150 1.00
(I) Source: Table 2
(2) Source: Department of State - Division of Library & Information Services - 2005 Library Directory
with Statistics (reflects FY 04 figures) - excludes Collier County.
(3) Source: Florida Library Association. Standards for Florida Public Libraries. 2004
(4) Includes only the facilities that are paid for.
(5) Includes all library buildings.
VI. COST COMPONENT
Costs are divided into facilities and items/equipment. Facility costs are based on the
estimated cost to add the next library building, and the cost of library items and
equipment is based on the average replacement cost per unit.
Library Buildings and Land Cost
Table 4 summarizes the calculation oflibrary facility and land costs. The total impact
cost per resident for library buildings and land in Collier County is $ 139.
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Agenda Item No. 8D
April 25, 2006
Page 18 of 25
Table 4
Library Building and Land Cost
'.;. i., '. .................. "",.."'. '.,..... '. ....f.." --:
Building Replacement Value 1 $35,834,609
Land Replacement Value 1 $8.027,1 90
Total Building and Land Replacement Value $43,861,799
Total Library Square Footage 1 104,322
Total Building and Land Replacement Value
per Square Foot $420.45
LOS -- Square Foot per Resident 2 0.33
Total Building and Land Replacement Value
per Resident 3 $138.75
(1) Source: Table 1
(2) Source: Table 2
Library Items/Equipment Cost
The library items/equipment impact cost was estimated using the average cost per unit
provided by the County. Table 5 illustrates these costs.
Tindale-Oliver & Associates, Inc.
April 2006
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Agenda Item No. 8D
April 25, 2006
Page 19 of 25
Table 5
Library Items/Equipment Cost
Library Item/Equipment Count1 . UnifCost1 Total Cost
Books:
Books 535,974 $25.00 $13399,350
Audio Books 25.000 $50.00 $1.250.000
560,974 $14,649350
A verage Cost $26.11
Volumes per Resident 2 1.54
Impact Cost per Resident -- Books $40.21
Other Library Items:
Periodicals 1.900 $50.00 $95,000
Compact Disks 15.232 $15.00 $228.480
Video Cassettes 45,672 $22.00 $1,004,784
CD-roms 301 $25.00 $7,525
DVDs 18.487 $20.00 $369.740
Total 81.592 $1.705,529
A verage cost $20.90
Volumes per Resident 2 0.22
Impact Cost per Resident -- Other Library Items $4.60
LibrmT Equipment:
Computers .' 126 $1.500.00 $189,000
Items per Resident 2 0.00035
Impact Cost per Resident -- Computers $0.53
Total Library Items/Equipment Cost per Resident $45.34
(1) Source: Public Library Depaltment. Collier County
(2) Source: Table 2
(3) Includes only the computers available to the public.
The total impact cost per resident for library items and equipment in Collier County is
$45.34.
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April 2006
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Collier County
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Agenda Item No. 8D
April 25, 2006
Page 20 of 25
Summary of Library Capital Costs
Table 6 presents the total library capital costs, which amounts to $184 per resident.
Table 6
Summary of Capital Costs
Repla~elDe~tYlJ.llle
'per Capita.
$138.75
$45.34
$184.09
Buildings and Land 1
Library Materials/Equipment 2
Total Capital Cost
(I) Source: Table 4
(2) Source: Table 5
VII. CREDIT COMPONENT
To avoid overcharging new development, a review of library capital expenditures from
2000 to 2010 was completed. This review indicated that capital expansion expenditures
during this period were mostly funded (or planned to be funded) with impact fees, with a
small portion of the funding (approximately 3.5 percent) being secured through grants
and donations. Given that all ofthe buildings and other items included in the inventory
used to determine the impact cost are paid for by the existing population and that grants
and donation tend to occur ilTegularly, it is not necessary to give credit. As such, the net
impact cost remains $184 per resident.
VIII. PERSONS PER HOUSING UNIT
The final calculation of the library impact fee is dependent upon household size (persons
per housing unit), which varies by residential land use. Table 7 presents the persons per
household for residential uses to be included in the library impact fee schedule. These
land uses and figures are consistent with those included in the County's Parks and
Recreation Impact Fee Schedule, which also include residential land uses only. A review
of the figures included in the Parks and Recreation Impact Fee Study suggested that the
methodology used to determine these figures is appropriate, and to provide consistency,
this study uses the figures from the Parks and Recreation Impact Fee Study.
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Agenda Item No. 8D
April 25, 2006
Page 21 of 25
Table 7
Persons per Housing Unit, Collier County
Persons per
Housing
Unit Unit
Single-Family Detached:
Less than 1,500 square feet
] ,500 to 2,499 square feet
2,500 square feet or more
du
du
du
2.50
2.75
2.98
Multi-Fami]y du 2.00
Mobile Home du 2.4 7
Source: Estimate based on ::WOO Census and other analysis by
Duncan Associates.
IX. PROPOSED LIBRARY IMPACT FEE SCHEDULE
A library impact fee schedule was developed for residential land uses and is illustrated in
Table 8. The net impact cost per resident calcu]ated in the previous section is applied to
the average persons per unit by land use. The resulting total impact fees per dwelling
unit range from $368 for the multi-family residential land use to $549 for single family
land use with 2,500 square feet or more space.
Table 8
Library Impact Fee Schedule
Persons per
Housing Net Cost per Total Impact
Land Use Unit Unit] Resident2 Fee3
Single-Family Detached:
Less than ] .500 square feet du 2.50 $184.09 $460.23
1.500 10 2.499 square teet du 2.75 $184.09 $506.25
2,500 square feet or more du 2.98 $184.09 $548.59
Multi-Family du 2.00 $] 84.09 $368.18
Mobile Home du 2.47 $] 84.09 $454.70
(1) Source: Table 7
(2) Source: Table 6
(3) Source: People per household (Item 1) multiplied by net cost per resident (ltem 2).
Tinda!e-Oliver & Associates, Inc.
April 2()06
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Collier County
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Agenda Item No. 8D
April 25, 2006
Page 22 of 25
X. ANNUAL INDEXING OF FEE COMPONENTS
Currently, Collier County indexes its library impact fees on an annual basis. This reduces
the likelihood of a situation where major adjustments become likely during updates due
to the time between the adjustments. Because the previous studies did not include land
values in the calculations, the current index is calculated based on the changes in building
and library item costs. In this update, because the land values are includes, the index is
adjusted accordingly to include the change in land values as well.
Building Cost
The building cost of libraries should be indexed in a fixed amount each year based on the
building cost index provided by the Engineering News-Record. As presented in Table 9,
over the past five years, the average increase in building cost has been approximately 4.2
percent. Given the recent construction cost increases, utilization of a five-year average is
recommended.
Table 9
Building Cost Index 1
Annual... Percent .
Year Average Change
200] 3574 N/A
2002 3623 1.4%
2003 3693 1.9%
2004 3984 7.9%
2005 4205 5.5%
Average (01-05) 4.2%
(1) Source: Engineering News-Record. Building Cost
In addition, the ENR index does not appear to capture local construction cost increases.
The County may consider conducting a separate study to determine the changes in the
local construction cost to be used for indexing purposes for the next few years. In the
absence of such a study, the above index provides a conservative estimate.
Land Cost
A ten-year trend for market values of countywide land (including buildings and
structures) is evaluated to determine the historical change in land values. This analysis
suggests an average annual gro\\th rate of 15.4 percent, as presented in Table 10.
Tindale-Oliver & Associates, Inc.
April 2006
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Agenda Item No. 80
April 25, 2006
Page 23 of 25
Table 10
Property Market Values
Collier County 1
.. .... Percent
,.
.. Yea.. C~unty-Wid~' Change
1996 $21,751.280,540
1997 $23,436,330,545 7.7%
1998 $25,777,151,470 10.0%
1999 $29,830,939,079 15.7%
2000 $33,902,799.963 13.6%
2001 $41.333,321,441 2 1. 9%
2002 $49.671,844.946 20.2%
2003 $57.761.717.6]7 16.3%
2004 $64.236,986.518 11.2%
2005 $78.260.241.235 21.8%
Avg (96-05) 15.4%
(]) Source: Property Appraiser, Collier County
Library Item/Equipment Cost
The cost of library items and equipment should be indexed in a fixed amount each year
based on the consumer price index provided by the Bureau of Labor Economics. As
presented in Table 11, over the past ten years. the average increase has been
approximately 2.1 percent.
Table 11
Library Item/Equipment Cost Index 1
Percent
Year Annual Index Change
1996 ]00.0
]997 101.2 1.2%
1998 ] 02.3 1.]%
1999 104.2 1.9%
2000 ]07.4 3.]%
2001 109.6 2.0%
2002 ] ]0.8 1.]%
2003 ] ]3.1 2.]%
2004 ] ]6.2 2.7%
2005 ]20.0 3.3%
Average (96-05) 2.1%
(] ) Source: US Department of Labor,
Bureau of Labor Statistics. CPI
Tindale-Oliver & Associates, Inc.
April 2006
]2
Collier County
Library Impact Fee Final Report
Agenda Item No. 80
April 25, 2006
Page 24 of 25
Application
It may be useful to illustrate how these indices can be applied. As presented in Table 12,
of the $60 million total library capital value, approximately 60 percent is for the
buildings, 13 percent for the land, and 27 percent is for library items and equipment.
Applying these percentages to the average cost increases presented previously would
provide a combined index of 5.1 percent [(4.2 x 0.60) + (15.4 x 0.13) + (2.1 x 0.27) =
5.1], which then can be applied to all fees presented previously in Table 10. For
example, using this index, the fee for the residential land use with 1,500 to 2,499 square
feet would increase from $506.25 to $532.07 [($506.25) * (1+0.051) = $532.07] at the
end of the first year.
Table 12
Distribution of Capital Cost
Value of Buildings (sf)
Value of Land (acres)
Value of Library hems/Equipment
104,322
33.87
642.692
Cost per
Unit 2 .
$343.50
$237,000
$25.74
Total Value3
$35,834,607
$8,027, I 90
$ I 6.543.879
$60,405.676
Percent of
Total Value
60%
13%
27%
100%
(I) Source: Tables 1 and 5
(2) Source: Table] for buildings and land. Value for library items/equipment is calculated
based on information provided in Table 5.
(3) Source: Number of units multiplied by cost per unit.
Tindale-Oliver & Associates, Inc.
April 2006
13
Collier County
LibraT)' Impact Fee Final Report
..
COLLIER COUNTY IMPACT FEES ~~~~2};~?g~.
2,400 SQUARE FOOT SINGLE FAMILY HOME
(2,000 LIVING AREA)
Updated April 7, 2006
..
..
-
~I
~I
~I
~I
~I
~I
-+1
I
I
+1
IV~I
~I
~I
~I
I
$1,027
COMMUNITY PARKS
REGIONAL PARKS
$2,272
LIBRARY
$505
ROAD
$5,985
EMS
$109
SCHOOL
1--
$1,778
CORRECTIONAL
FACILITIES
1Wv--
I
$205
I GENERAL GOVERNMENT I ·
WATER I
.
I
SEWER I ----
FIRE 1--...-
I LAW ENFORCEMENT 1-
$282
$2,760
$3,125
..-. ,-
$300
$93
TOTAL
(with proposed Library)
$18,441
TOTAL
(Current)
I~
$18,298
DOLLAR CHANGE
(from updated fee)
$143
Agenda Item No. 8E
April 25, 2006
Page 1 of 87
/....-......
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners adopt an Ordinance amending
Schedule One of Appendix A of Chapter 74 of the Collier County Code of Laws and
Ordinances (The Collier County Consolidated Impact Fee Ordinance) providing for the
incorporation by reference of the impact fee study entitled "Collier County Transportation
Impact Fee Update Study" dated April 2006, amending the Road Impact Fee Rate
Schedule to reflect the amended rates set forth in the impact fee study, updating the annual
mid-cycle indexing for the Road Impact Fee Rates, and providing for a delayed effective
date of June 30, 2006.
OBJECTIVE: That the Board of County Commissioners (Board) adopt an Ordinance amending
Schedule One of Appendix A of Chapter 74 of the Collier County Code of Laws and Ordinances
(The Collier County Consolidated Impact Fee Ordinance) to incorporate by reference the impact
fee study entitled "Collier County Transp0l1ation Impact Fee Update Study" dated April 2006, to
reflect the amended impact fee rates set forth in the impact fee study, and to update the annual
mid-cycle indexing for the Road Impact Fee Rates in order to accurately provide financial
resources to assist the County in the construction and/or expansion of its Transpol1ation
Facilities.
--
CONSIDERATIONS: Since 1985, Collier County has used impact fees as a funding source for
growth-related capital improvements related to Transportation Facilities. On October 8, 2002,
the Board adopted Resolution No. 2002-423 which established the County's then applicable
Road Impact Fees. Pursuant to Section 74-302(g) of the Code of Laws and Ordinances of
Collier County (Code), the Road Impact Fee Rates were subsequently indexed in accordance
with the prescribed methodology, thereby establishing the rates currently in effect. Pursuant to
Section 74-502 of the Code, which states that impact fee studies should be reviewed "at least
every three years", on June l3 2005 the County retained Tindale-Oliver and Associates, Inc. (the
Consultant) to revie\;.,' the existing Road Impact Fees and recommend changes to the fees where
appropriate. The attached report describes the technical and legal framework and methodology
used to complete this update study.
The fee schedule proposed in this update utilizes the same rate structure being utilized in the
CUlTent fee with rates specific to various types of residential, lodging, institutional. office, retail
and industrial land uses. The proposed fee schedule is considered by the Consultant to be the
most accurate and legally defensible option for the imposition of these impact fees.
Below is a comparison of examples of CUITent and proposed rates per land use category:
--
LAND USE CURRENT PROPOSED DOLLAR I>ERCENT
Rt\TE RATE CHA~GE INCREASE
Single-Family $4,489 $6,359 $1,870 42%
< ] ,500 sq. ft. Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit
P',genda !l'3m f'>Jo SE
Apr'i1 25, 2006
F'age 2 of 87
LAND USE CURRENT PROPOSED DOLLAR PERCENT
Rt\TE RATE CHANGE INCREASE
Single -Family $5,985 $8,884 $2,899 48%
1,500-2,499 sq. ft. Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit
Single-Family $7,062 $9,884 $2,822 40%
· 2,500 sq. ft. Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit
Condominium / $3,731 $6,059 $2,328 62%
Townhouse Per Dwelling Unit Per Dwelling Unit Per Dwelling Unit
Hotel $4,334 $5,987 $1,653 38%
Per Room Per Room Per Room
Marina $2,123 $3,580 $1,457 69%
Per Berth Per Berth i Per Berth
Hospital $9,268 $14,198 $4,930 53%
LOOO sq. ft. 1,000 sq. ft. ] ,000 sq. ft.
Church $5,401 $8,022 $2,621 49%
i 1,000 sq. ft. 1,000 sq. ft. ] ,000 sq. ft.
Office $9,729 $15,478 $5,749 59%
. 50,000 sq. ft 1.000 sq. ft. 1.000 sq. ft. 1.000 sq. ft.
Retail $8.565 $13,953 $5.388 63%
< 50,000 sq. ft. 1.000 sq. ft. LOOO sq. ft. ] .000 sq. ft.
Pharmacy /Orug $9.053 $13.308 $4.255 47%
Store with I
Orive- Thru 1.000 sq. ft. ] .000 sq. ft. 1.(lOO sq. ft. I
I
New/Used S19.948 $25.935 $5.987 i 30%
Auto Sales 1.000 sq. ft. 1.000 sq. ft. 1,000 sq. ft.
Luxury Auto N/A $13.817 N/A New
Sales 1.000 sq. ft. Category
General I nd ustrial $5,600 $7.075 $1,475 26(/~
I 1.000 sq. ft. 1,000 sq. ft. LOOO sq. ft.
-
Variations in the percent of recommended increase are due to the individual trip characteristics
for each land use category, such as trip generation rates and average trip lengths, which cause the
gross costs and the offsetting revenue credits to vary. Some categories in the fee schedule reflect
increases of more than 90 percent. Those are primarily due to significantly increased average
trip lengths associated with the respective land uses.
Aaenda Item ~Jo 8::
,. April 25, 2006
Page 3 of 87
The proposed Road Impact Fee rate schedule and study were presented to the Development
Services Advisory Committee (DSAC) on April 5, 2006. Eight of the 14 DSAC members were
present at the meeting. Of the eight members present, four voted to accept the study.
Additionally, on April lO, 2006, the proposed Road Impact Fee rate schedule and the updated
study were presented to a subcommittee of the Collier County Productivity Committee.
Presentation to the full committee was scheduled for April 19,2006.
GROWTH MANAGEMENT IMPACT: As indicated by the Capital Improvement Element of
the Growth Management Plan, the proposed impact fee rates are designed to assess new
development a pro rata share of the costs required to finance transportation improvements
necessitated by such development. The application of the rate revisions and indexing is also
consistent with Objective 1.2 of the Capital Improvement Element of the Collier County Growth
Management Plan which states: "Future development will bear a proportionate cost of facility
improvements necessitated by growth."
The proposed impact fee rates ensure that Road Impact Fee assessments consistently reflect a pro
rata share of the costs of growth-necessitated capital improvements, and the indexing adjustment
avoids larger rates increases every three years, thus promoting a measure of predictability in
annual revenues, a more reliable cost to those considering construction, and a reduction in the
costs for consultant services.
FISCAL IMPACT: Based upon collections of Road Impact Fees and commercial and
residential permitting activity, as well as from cun'ent permitting activity and forecasts, the
projected increase in Road Impact Fee revenue associated to the rate revisions and indexing is
conservatively estimated to be approximately $25 million per year; however, any changes in
pem1itting activity in C01lier County will directly affect this impact fee revenue stream.
Additionally, a1l permits that are currently "in progress" via a complete building permit
application are not subject to imposition of the revised impact fee. The revised Road Impact Fee
Rate will apply to those pem1its applied for on or after June 30. 2006.
LEGAL CONSIDERATIONS: The proposed changes to Chapter 74 of the Code, related to
Road Impact Fees, are intemally consistent. comply \vith all applicable lay\', and are legally
sufficient for Board consideration and approval.
RECOMME~DA nON: Staff recommends that the Board adopt the attached Ordinance,
amending Chapter 74 of the Collier County Code of La\:vs and Ordinances (the Collier County
Consolidated Impact Fee Ordinance), implementing the proposed Road Impact Fee Rates and
updating the annual mid-cycle indexing methodology with a delayed effective date of June 30,
2006, subject to filing the new Ordinance with the Florida DepaJ1ment of State.
Prepared Bv: Phil Tinda1l, Principal Planner - Concurrency
Transportation Planning Department
Attachments: (I) Collier County Transportation Impact Fee Update Study
(2) Ordinance
Item Number:
Item Summary:
Meeting Date:
.Agenda Item t-.Jo. BE
April 25, 2006
Page 4 of 87
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
BE
Recommendation that the Board of County Commissioners adopt an Ordinance amending
Schedule One of Appendix A of Chapter 74 of the Collier County Code of Laws and
Ordinances (The Collier County Consolidated Impact Fee Ordinance) providing for the
incorporation by reference of the impact fee study entitled Collier County Transportation
Impact Fee Update Study dated April 2006, amending the Road Impact Fee Rate Schedule
to reflect the amended rates set forth in the impact fee study, updating the annual mid-cycle
indexing for the Road Impact Fee Rates, and providing for a delayed effective date of June
30.2006.
4/25/20069:0000 AM
Approved By
Jeff Klatzkow
County Attorney
Assistant County Attorney
Date
County Attorney Office
4/11/2006 9:31 AM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
4111/20069:36 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
4/111200610:45 AM
Approved By
Phil! Tineal!
Trnnsportati:Jn Servi:::es
Prine;(Gat Planner
Date
Transpo;tation Pl~nning
4111120Df, 3:42 PlY
Approved By
Donald L. Scott
TriJnsportati~n Se~vice5
Trans.oortation P!anning: Dire:::tor
Date
Tr"nns;Jortation P;annlng
4/i 2::006 1 i: 1! hUt
Approved By
Sharon Newman
Transportation Services
I...:coun:n-:~; Supervisor
Date
Transportation Services Adrrlin
4/12:200612:45 PM
Approved By
Denton Baker
Community Development &
Environmenlat Se:-vices
Finan::;;a[ Admin & Housing Director
Date
Financial t\dnlfr.. & Housing
4/~2/20ac 2:3!J pr\;~
Approved By
Amy Patterson
Community Development &
Environmental Servi::es
Impact Fee Manager
Date
Financial ?dmin. & Housing
4112/2006 3 :32 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Agenda Item 1\10. 8E
April 25. 2006
Page 5 of 87
Transportation Services
Transportation Services Admin
4112/20064:10 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/1312006 1 :23 PM
Approved By
Susan Usher
Senior ManagementlBudget Analyst
Date
County Manager's Office
Office of Management & Budget
4115/2006 11: 18 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/17/20068:27 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
4117/20063:48 PM
Aoenda Item No. 8E
- April 25, 2006
Page 6 of 87
COLLIER COUNTY
TRANSPORTATION IMPACT FEE UPDATE STUDY
Prepared for:
Collier County
Prepared by:
Tindale-Oliver & Associates~ Inc.
~
~,'
April 11, 2006
Aoenda Item !'Jo. SE
~ April 25. 2006
Page 7 of 87
COLLIER COUNTY
TRt\NSPORTATION IMPACT FEE UPDATE STUDY
1.0 INTR 0 D U CTI 0 N ........... .......... ........ ....... .......... ........ ........ ............................. 1
2.0 CHANGES TO CURRENT FEE VARIABLES ........................................... 2
2.1 Individual Land Use Trip Characteristics...................,.......................... 2
2.2 Cost of Transportation Capacity.................................. ................. ......... 3
2.2,1 County Costs................................................ ................. ......... 4
2.2.2 State Costs ....... ......... ....... ............ .... ..... ........ ....... ............... .... 5
2.2.3 L R TP Costs............................................................................ 7
2.2.4 Summary of Costs (Blended Cost Analysis) ......................... 7
2.3 Credit CaJ culations .... ............. .... .... ......... ................ ........ ....... ...... ......... 8
2.3.1 Gasoline Tax Credit (Equivalent) .......................................... 8
2.3.2 .A.d Valoren1 Tax .................................................................... 9
2.4 F acil ity Life................................................................. .......................... 1 0
2. 5 Interest Rate.. .............................................................. ............. .............. 10
2.6 Fuel Efficiency ...................................................................................... II
2.7 Effective Days per 't'ear ........................................................................ 11
2.8 Capacity per Lane Mile ........................................................................ 12
2.9 Interstate & Toll Facility Adjustment Factor ........................................ 13
3.0 PROPOSED FEE SCHED liLE ...................................................................... 14
3.1 Proposed Impact Fee Schedule .............................................................. 14
3.2 Review of Rates in Other C01l11lies........................................................ 15
3.3 Indexing ... .......... ........... ... ...... .................. .......... ........ .... ...... ..... ............. 17
Tindale-Oliver & Associates, Inc.
April 2006
Collier County
Transportation Impact Fee
APPENDIX A -
APPENDIX B -
APPENDIX C -
APPENDIX D -
APPENDIX E -
APPENDIX F -
APPENDIX G -
APPENDIX H -
Agenda Item No. 8E
April 25, 2006
Page 8 of 87
Analysis of Travel Behavior of Low-Income Households
Florida Studies Trip Characteristics Database
Cost Component Calculations
Credit Component Calculations
Ad Valorem Credit Calculations
Proposed Collier County Transportation Impact Fee Schedule
Indexing
Legal Basis
Tindale-Oliver & Associates, Inc.
April 2006
11
Collier County
Transportation Impact Fee
Aoenda Item No. 8E
v April 25, 2006
Page 9 of 87
COLLIER COUNTY
TRANSPORTATION IMPACT FEE UPDATE STUDY
1.0 INTRODUCTION
Collier County's Transportation Impact Fee Ordinance was originally adopted in January
1985, to assist the County in providing adequate transportation facilities for expected
gro\vth. Section 74-335(a) of the current ordinance requires the fee to be reviewed and, if
appropriate, updated every three years. ] Tindale-Oliver & Associates has been retained to
conduct the County's 2005 update. This summary rep0l1 presents results of the study.
The general equation used to compute the transportation impact fee for a given land use is:
Demand x Cost - Credits = Fee
The demand for travel placed on the transpol1ation system is usually expressed in units of
vehicle-miles or lane-miles ofroadvv'ay capacity consumed. The cost of building capacity
is typically expressed in units of dollars per vehicle-mile or lane-mile ofroadway capacity.
The credits are an estimate of the revenues generated by the development that are allocated
to roadway construction or transportation system capacity expansion. Thus, the fee
represents an "up fI'ont" payment for a pO!1ion of the cost to replace the transportation
facilities consumed by a development.
This cunent review and update recommends changes to the cun-ent input variables used in
the existing impact fee schedule. Additional and/or new information relevant to
transp0l1ation impact fees v.:as reviewed and used in the update. The general topics are as
follows:
. Demand Component:
o Individual land use trip characteristics:
. Cost Component:
o County's roadway improvement cost estimates:
o State"s roadvv'ay improvement cost estimates:
· Credit Component:
o Gasoline tax distributions and allocations;
I Source: Collier CaUI1I)' Code afOrdinances, Chapter 74, Section 74-335(a), "Review Requirement."
. Tindale-Oliver & Associates, Inc.
April 2006
Collier County
Transportation Impact Fee
Agenda Item No. BE
April 25, 2006
Page 10 of 87
o Ad Valorem tax credit; and
. Other variables used in the impact fee fonnula.
These items are all discussed in subsequent sections of this document.
2.0 CHANGES TO CURRENT FEE VARIABLES
There are ten input components used in the current fee equation. As necessary,
modifications were made to the input components to reflect the current demand, cost, and
revenue data obtained for this Update Study. A review of the input components and the
proposed changes to them are presented in the following sections.
2. 1 Individual Land Use Trip Characteristics
The amount of road system consumed by a land development activity is calculated using
the following units of measure:
. Number of trips generated;
· Length of those trips; and
· Proportion of travel that is new travel, rather than travel that might have already
been on the road system.
For the purpose of this Update Study, the trip characteristic variables have been obtained
primarily from two sources: previous studies conducted throughout Florida, and
specifically trip characteristics studies conducted in Collier County (Florida Studies
Database), and the Institute of Transportation Engineers' (ITE) Trip Generation reference
rep0l1 (ih edition). The trip characteristics variables used in the calculation of the impact
fee for each land use included the proposed fee schedule are presented in Appendix F. In
addition. the Florida Trip Characteristics Studies are included in Appendix B. This
database was used to deteI111ine trip length, percent capture of trips, and trip rate for some
land uses. In addition, the update of the trip characteristics oflower income households is
presented in Appendix A.
Tindale-Oliver & Associates, Inc.
April 2006
2
Collier County
Transportation Impact Fee
Aoenda Item t'Jo. 8E
~ April 25, 2006
Page 11 of 87
2.2 Cost of Transportation Capacity
The cost of providing transportation system capacity has increased in recent years. Certain
phases oflane widening projects have seen tremendous cost increases recently. For
example, construction costs increased significantly in the past 6 to 18 months, while steady
appreciation in land values resulted in higher right-of-way costs over the past several years.
Information from Collier County and the Florida Department of Transportation (FOOT)
regarding recent road construction costs \vas used to develop a unit cost for all aspects
involved in the addition of a one lane mile of roadway capacity. The following sections
detail the analyses that were undertaken to review and reconcile the varying costs
associated with the construction of county and state roads. Appendix C provides the data
and other SUPP0l1 infonnation utilized in these analyses to develop appropriate cost figures.
It should be noted that two additional costs have been incorporated into the updated cost
per lane mile. These include an interchange and can-ying cost per lane mile.
Collier County cun-ently has five (5) on-going and future planned interchange/grade
separation projects that are expected to be completed by 2030. Since this cost is
associated with adding capacity to the roadway and provides mobility suppOli to the
roadway network, a cost per lane mile was estimated. The total interchange cost
provided by the Collier County TranspOliation Planning Depaliment is $287.5 I 5.909.
This figure was divided by the total lane miles being added in the 2030 LRTP Financially
Feasible Constrained Plan (451.8) and the 2006-2010 Collier County Capital
Improvements Plan (149.3) for a total of601. I lane miles. As shmvn in Tables 2-1 and
2-2 below, the interchange cost per lane mile is $478.316. Appendix C. Table C-8
provides the location, time frame and status of each interchange project.
In addition, the lane mile cost includes carrying cost that tends to occur while a roadway is
being built (approximately a 6-year process for County projects). As presented in Tables 2-
1 and 2-2, the can'ying cost per lane mile is $323,639. This figure takes into consideration
the fact that the County receives some of the impact fees up front. Although the state
projects tend to be built over a seven- or eight-year period. and therefore have a higher
calTying costs, to provide a conservative estimate, the carrying cost for County projects is
also used for State projects. A more detailed explanation of the methodology used to
develop this cost is presented in Appendix C, Table C-9.
Tindale-Oliver & Associates, Inc.
April 2006
3
Collier County
Transportation Impact Fee
,A,genda Item No. 8E
April 25, 2006
Page 12 of 87
2.2.1 County Costs
This section examines the construction costs associated with county roads with respect to
transportation capacity improvements in Collier County. For this purpose, recently
completed, under construction, and recently bid projects that are in the County's 2006-2010
Capital Improvement Program (CIP) and supplementary data from the County's
Engineering Department were used to identify and provide supporting cost data for
roadway improvements. The cost for each roadway capacity project was separated into
eight (8) phases: design, ROW, construction, construction engineering/inspection (CEI),
utilities, mitigation, interchange, and carrying costs.
A total of thirteen roadway capital projects that were recently completed, under
construction, and recently bid were used to determine the cost of building County roads.
There were four other completed roadway projects on Livingston Road; however, since
these projects incl uded construction of 6 new lanes, they were considered atypical and not
included in the cost calculations for most of the components. This was confirmed through
a review of the 2030 LRTP Financially Feasible Constrained Plan, where an insignificant
number (2 out of 56 projects or 3.6 percent) of planned roadway projects are of this type.
Most of the projects used in the cost calculation were built in urban areas and have urban
cross-section design. These projects are included in Appendix C, Table C- 1.
Based on an analysis of the project cost information for roadyvay capacity-adding projects,
the total cost per Jane mile is estimated at approximately $6.2 million. Table 2-1 presents
the breakdo\\'TI of the estimated average cost for each phase of a typical roadway capacity-
expansion project in Collier County.
Tindale-Oliver & Associates, Inc.
April 2006
4
Collier County
Transportation Impact Fee
Aoenda Item hJo. 8E
~ April 25, 2006
Page 13 of 87
Table 2-1
Estimated Cost per Lane Mile by County Project Phase
Collier County (1)
Cost Phase Cost per Lane Mile
Design (2) $323.639
ROW(3) $1,751,790
Construction(4) $2,558,546
CEI(S) $294.054
Utilities(6) $469,140
Mitigatiod7) $34,421
I nterchange(S) $478.316
Canvina CostlY) $323.639
.' b
Total Cost $6.233,545
(1) Source: Collier County Transportation Planning Department
(2) Source: Table C-I, Item (e)
(3) Source: Table C-4, ltem (a)
(4) Source: Table Col. ltem (j)
(5) Source: Table C- 1, ltem (g)
(6) Source: Table C-l. ltem (f)
(7) Source: Table C-l, Item (b)
(8) Source: Table C-8
(9) Source: Table C-9
].22 S!a!e Cos!.\'
A similar review also was completed for state roadway projects in order to estimate the
typical phase and total costs for capacity-adding projects. A total of 12 state projects were
identified that were either completed or the full project cost was programmed. In addition,
FDOT District 1 stafT provided data on the District's current construction cost estimates.
The most recent state project built in Collier County was completed in 2003 for a total cost
of $2.2 million per lane mile. Given the recent increases in construction cost the
construction cost estimate for the SR 84 (Davis Boulevard) of approximately $3.4 million
per lane mile (in 2006 dollars) was used. This construction cost figure provides a
conservative estimate, since information provided by District 1 staff indicates that the
construction cost for a typical urban 2 to 4 lane widening project is being estimated at
approximately $4.5 million per lane mile.
ROW phase cost data for the completed state projects did not reflect typical ROW land
acquisition. District 1 staff indicated that for the completed projects along US 4 I (6) and
Tindale-Oliver & Associates, Inc.
April 2006
5
Collier County
TransporlaUonlmpactFee
Agenda Item No. 8E
April 25, 2006
Page 14 of 87
SR 951 (3), minimal ROW acquisition was necessary since widening occurred within
existing ROW that was historically preserved or donated. ROW acquisition costs for these
projects only entailed land acquisition for retention ponds, where applicable. The state
projects with actual ROW projects, namely US 41 from W. of Goodlette Road to E. of
Davis Boulevard (FM# 1952381) and US 41 from Davis Boulevard to Airport Road (FM#
1953651) were atypical projects, since land acquisition included acquisition of prime
waterfront property for a small number of parcels. Since the state has not recently acquired
land in Collier County and ROW cost estimates for the SR 84 project are preliminary, the
county ROW cost per lane mile (presented in Appendix C, Table C-4) is used. Table 2-2
summarizes the estimated average cost per lane mile for state roads. State projects
included in the analysis are presented in Appendix C, Tables C-2 and C-3.
Table 2-2
Estimated Cost per Lane Mile by State Project Phase
Florida Department of Transportation (1)
Cost Phase Cost per
Lane Mile
Desicrn (2) $349,643
b
ROW!') $1,751,790
Construction/4) $3.385.978
CEI!)! $354,442
Utilities(6) $0
MitigatiOlP) $34.421
InterchancreiX; $478.316
b
C . C (9) $323.639
alTymg os1
Total Cost $6,678.229
(I) Source: FOOT District I Office, G I Reports
(.2) Source: Table C-3, Item (b)
(3) Source: Table C-4, Item (a)
(4) Source: Table C-3, Item (c)
(5) Source: Table C-3,ltem (d)
(6) Note that the Collier County Water-Sewer District pays for utility relocation
costs associated with State Projects.
(7) Since state data on mitigation cost was not available. to be conservative. the
Collier County mitigation cost per lane mile (Table 2-]. Item 7) was used.
(8) Source: Table C-8
(9) Source: Table C-9
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April 2006
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Collier County
TransporlauonlmpactFee
Agenda Item No. 8E
April 25, 2006
Page 15 of 87
As indicated in Table 2-2, based on the projects that were reviewed, total cost of
approximately $6.7 million per lane mile was calculated for FOOT roadway projects in
Collier County.
2.2.3 LRTF Costs
A similar review also was completed for projects included in the 2030 Long Range
Transportation Plan (LRTP) Update adopted in January 2006. A total of 56 LRTP projects
were identified that are included in the 2030 Financially Feasible Constrained Plan. The
County's current long range transportation plan was utilized to help detennine the
reasonableness of the estimated unit cost for adding roadway capacity. However, Collier
County staff confirmed that the construction cost figures do not take into account the sharp
increases in construction cost and that upon completion of the impact fee study, the LRTP
figures will be updated. In addition, the ROW costs in the LRTP do not include the cost of
acquisition (i.e. non-land costs) such as appraisal fees. attomey fees, title expenses, that can
account for up to half of the total ROW cost (including land acquisition and non-
land/administrative costs). As such, LRTP costs were excluded from the analysis.
2.2.4 Summw)' ajCasts (Blended Cost Analysis)
Table 2-3 summarizes the estimation ofthe average cost per lane mile in Collier County.
This figure, \,vhich has a weighted average value of approximately $6.3 million per lane
mile. will be utilized in the revised impact fee schedule that includes state and county
roads. It represents the cost to add one lane mile for county and state roads combined.
As noted previously, the project infonnation used in these calculations is included in
Appendix C.
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April 2006
7
Collier County
Transporlation Impact Fee
Agenda Item t-Jo. BE
April 25, 2006
Page 16 of 87
Table 2-3
Estimated Cost per Lane Mile
County & FDOT Roadway Capital Projects in Collier County
County County and
Cost Type Roads(1) State Roads(2) State Roads(3)
Design $323,639 $349,643 $327,540
ROW $1,751,790 $1,751,790 $1,751,790
Construction $2,558,546 $3,385,978 $2,682,661
CEI $294,054 $354.442 $303,112
Utilities $469,140 $0 $398,769
Mitigation $34,421 $34,421 $34.421
Interchange $478,316 $478.316 $478,316
Carrying Cost $323.639 $323,639 $323,639
Total $6,233,545 $6,678,229 $6,300,248
Lane Mile Distribution(4J 85% 15% 100%
(1) Source: Table 2-1
(2) Source: Table 2-2
(3) Phase costs weighted by the lane mile distributions (Item 4) for county and state roads.
(4) Source: 2030 LRTP Financially Feasible Constrained Plan
2.3 Credit Calculations
The credit calculations included a revie\v of revenues from gas and ad valorem taxes.
2.3.1 Gasoline Tax Credit (Equivalent)
The present value of gasoline taxes generated by new development over a 25-year period is
credited against the cost of the system consumed by travel associated \vith the
development. This is because travel from new development generates gasoline tax
revenues, a p011ion of which is typicaIJy aIJocated to the expansion of the transportation
system. In the current Impact Fee calculation, credit calculation assumed I 2.8 pennies
from county managed gas tax revenues (2 pennies from the Constitutional Fuel Tax, I
penny from the County Fuel Tax, 1 penny from the Ninth-Cent Fuel Tax, 4.8 pennies from
tIle 151 Local Option Gas Tax, and 4 pennies from the 2nd Local Option Gas Tax) were used
for roadway capacity-adding improvements. This has served to generaJly address the
allocation of revenue that would be used as a developer's credit. For the purposes ofthe
Tindale-Oliver & Associates, Inc.
April 2006
8
Collier County
Transportation Impact Fee
Agenda Item No. 8E
April 25, 2006
Page 17 of 87
Update Study, a revie\v of the county's 2006-2010 CIP presented in Table D-5, indicated
that all of gas tax revenues are being used to fund capacity expansion. Thus a credit will be
given for the total allocation of 13.3 pennies the county collects in gas tax revenues
(presented in Table D-3).
In addition, state expenditures on county roads were reviewed and a credit for the capacity
expansion portion was provided. The equivalent number of pennies allocated to fund state
projects was determined using information for a IS-year period of the FDOT Work
Program (1996 through 2010). This infonnation was used to develop a list of capacity-
adding roadway projects similar to, but more extensive than that previously utilized to
detennine the per-Jane-mile costs of construction. The follo\ving table provides a
summary of the results of the overall equivalency analysis.
Table 2-4
Equivalent Pennies of Gas Tax Revenue
Equivalent
Credit Pennies
State Gas Tax Credit(]) SO.I23
Countv Gas Tax Credit(21 SO.133
Total 50.256
(]) Table D-4
(2) Table D-.3
In summary, 13.3 pennies of gas tax comes from County-managed revenues and the State
is estimated to spend an equivalent of 12.3 pennies on the state road program in Collier
County. Tllerefore. a total of25.6 pennies is used in the impact fee equation as a credit to
recognize the future capital revenue that will be generated by new development.
2.3.2 Ad Valorem Taxes
The financing plan developed for the next five years (FY 2006-20 I 0 Five Year Work
Program) incl udes the use of a pOltion of the ad valorem revenues to fund capacity
expansion projects. Of the ad valorem revenues available for transpOltation,
approximately S68.8 million will be used to fund capacity-adding projects over the next
five years. This is equivalent to approximately $13.8 million of ad valorem revenues
Tindale-Oliver & Associates. Inc.
April 2006
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Collier County
Transportation Impact Fee
Agenda Item No. 8E
April 25,2006
Page 18 of 87
being dedicated to capacity expansion annually. The value per I-mil provided by Collier
County Transportation Department staff is $6].4 million. Thus the percent milleage used
towards capacity expansion annually is 22 percent ($] 3.8 million divided by $61.4
million). It should be noted that, based on discussions with County representatives, the
total ad valorem revenues used toward transportation capacity project will be fixed at
$] 3.8 million per year. As such, as the tax base increases, the percent used for capacity
projects will decrease.
Since ad valorem revenues are going to be used to fund a portion of the five-year
program, a credit is given. Credit due to ad valorem tax revenues for residential uses is
calculated based on a review of recent sale prices of single family homes in Collier
County from the Property Appraiser's database. The ad valorem tax credit for non-
residential land uses are based on recent sale prices of industrial and commercial
properties in Collier County and estimated unit values from the Consultant's experience
in other jurisdictions and industry knowledge. An explanation of the methodology used
to estimate ad valorem tax credit figures are included in Appendix E.
2.4 Facilitv Life
The facility life relates to the time period over which gasoline tax revenues might be
bonded to pay for an improvement. The life used in the cun"ent fee is 25 years, which is
typical of impact fees in many other communities: therefore, no change is recommended
for this variable.
2.5 Interest Rate
This is the discount rate at which gasoline tax revenues might be bonded. It is used to
compute the present value of the gasoline taxes generated by new development. The
previous update study used a rate of 6 percent. Since the discount rate should reflect the
cost to borrow money (i.e., retire a bond), it is recommended that an interest rate of five (5)
percent be utilized, which reflects the decrease in interest rates over the past few years. In
addition, two outstanding bonds (Series 2003 & 2005 Gas Tax Revenue Bonds) confinl1ed
that the County is cunently borrowing at approximately five percent.
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April 2006
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Collier County
Transportation Impact Fee
Agenda Item No. 8E
April 25, 2006
Page 19 of 87
2.6 Fuel Efficiencv
The fuel efficiency (i.e., the average miles traveled per gallon of fuel consumed) of the fleet
of motor vehicles using the road system over the next 25 years is used to estimate the
quantity of gasoline consumed by travel associated with a particular land use.
Appendix D documents the calculation for the new fuel efficiency value (Table D-9), based
on the following equation, where "VMT" is vehicle miles of travel and "MPG" is fuel
efficiency in terms of miles per gallon.
I ffl . "n ,( VAI~'chlelc TlpC ]
Fue E. lClency = L.. "ITRoadwo, llpe -;- L.. \
, IPGI'ell/ele TlpC
- RoaJu oy Type
The methodology utilizes non-interstate VMT and average fuel efficiency data for
passenger vehicles (i.e., passenger cars and other 2-axle, 4-tire vehicles, such as vans,
pickups, and SUVs) and large trucks (i.e., single-unit, 2-axle, 6-tire or more trucks and
combination trucks) to calculate the total gallons of fuel utilized by each of these vehicle
types. The VMT on the interstate system is excluded because travel on the interstate
system is excluded fi'om the calculation.
The com bined total VMT for the vehicle types is then divided by the com bined total
gallons of fuel consumed to calculate, in effect, a "weighted" fuel efficiency value that
appropriately accounts for the existing fleet mix of traffic on non-interstate roadways.
The VMT and average fuel efficiency data were obtained from the Federal Highway
Administration's Highway Statistics ]()()-I.: Based on the calculation completed in Table
0-9 of Appendix D, the fuel efficiency rate to be used in the updated impact fee equation
is 17.55 miles per gallon.
2.7 Effective Davs Del' Year
An effective 365 days per year of operation was assumed for all land uses in the CUlTent
fee. However, this will not be the case for all land uses since some uses operate only on
: The data used in Table D.9 in Appendix D was compiled from Table VM-l (Section V) of the document. Highway
SWliSlics ]()04. Office of Highway Policy lnformation. Federal Highway Administration. Washington. D.C (see Table
D-IO). The document can be accessed on-line al hllll:/'\\W\\ .fllwa,do1.~(\\'!nolic\ iohim'h,04're.htm
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April 2006
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Collier County
Transportation Impact Fee
Agenda Item No. SE
April 25, 2006
Page 20 of 87
weekdays (e.g., office buildings) and/or only seasonally (e.g., schools). The use of 365
days per year, therefore, provides a "conservative" element, ensuring that gasoline taxes are
adequately credited against the fee. As a result, no changes to the effective days per year
are proposed in this fee update.
2.8 Capacity per Lane
An additional component of the impact fee equation is the capacity added per lane mile of
roadway constructed. The current impact fee schedule applies 8,685 vehicle miles of
average daily capacity added for each new lane mile of roadway constructed. In this
Update Study, this figure is updated based on the current capacity of a blend of county and
state roads.
Appendix C (Tables C-I, C-2, and C-3) provides the listing of projects and methodology
used to calculate the daily capacity added per lane mile for roadways constructed in Collier
County. The distribution oflane miles on county and state roads being added in the 2030
LRTP Financially Feasible Plan \vas used to develop a weighted average capacity figure.
Based on the analysis of County and State projects, an average of 10,901 vehicle miles of
daily capacity added was calculated for the impact fee calculations that take into account
both state and county roads. Table 2-5 provides a summary of this analysis.
Table 2-5
Estimated Capacity Added per Lane Mile
County & State Roadway Capital Expansion Projects in Collier County
Lane LRTP Lane Vehicle Miles A \'erage
Source Miles Miles Added of Capacity Capacity
Added Per
Added(l) Distribution (2) Added(3) Lane Mile(4)
County 97.76 85% 1,092,056 ] 1.17]
State 42.36 ]5% 396,929 9,370
Total ]40.12 ]00% 1.488.985
Weighted Average Capacity Added(5) 10,901
(1) Table C-l, Sum of Item (a), Item (d), and Item (i) for County Projects and Sum of Table C-
2, Item (a) and Table C-3, Item (a) for State Projects.
(2) Source: Table 2-4,ltem (4) for county and state roadways.
(3) Table C-l, Sum ofltem (c), Item (h), and Item (k) for County Projects and Sum of Table C-
2, ltem (b) and Table C-3, Item (e) for State Projects.
(4) Item (3) divided by Item (J) for County and State Projects
(5) Item (4) for County and State Projects weighted by lane mile distributions in ltem (2).
Tindafe-Ofiver & Associates, fnc.
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Colfier County
Transportation Impact Fee
Aqenda Item hJo. 8E
~ April 25, 2006
Page 21 of 87
2.9 Interstate & Tol1 Facility Adjustment Factor
This variable is used to recognize that Interstate highway improvements are funded by the
State using earmarked State and Federal funds. The improvements to Interstate highway
and toll facilities can be very expensive, thereby driving up the impact fee. However, when
a large amount of new Federal dollars is expended in the County, the credit can be very
high, bringing the impact fee down as a result. Limited access interstate, tol1, and state
facilities, then, can create havoc on an impact fee program due to the "lumpy" nature of
costs and future revenues related to these projects. On that basis, travel on the Interstate
system should not be assessed. However, as local trips are made on the Interstate highway,
gasoline taxes funding local road construction are being generated, which should be taken
into account.
Currently, Collier County does not have a toll facility within the county boundaries, but
does have a major interstate roadway (1-75) passing through the county. In the previous
impact fee study, an adjustment of 13 percent was used to account for Interstate highway
travel. As ShO\\-11 in Table 2-6, using the Collier FSUTMS Model, VMT was projected for
2030, accounting for roadway improvements included in the 2030 LRTP. The 2030 model
projections resulted in an adjustment factor of approximately 12 percent. It should be
noted that the 12 percent adjustment factor excludes extemal-to-extemal trips. which
represent traffic that goes through Collier County. but does not necessarily stop in the
county. This traffic is excluded from the calculations since it is not par1 of the county
development.
Table 2-6
Interstate Adjustment Factor
Collier FSUTMS VMT Model Results
VMT
excluding EE
Trips
2030
1-75 3.995,1 5]
All Roads 33.954.825
% of Travel ([-75) ]1.8%
Source: Collier Travel Demand Model
Tindale-Oliver & Associates, Inc.
April 2006
13
Collier County
Transporlation Impact Fee
Agenda Item No. 8E
April 25, 2006
Page 22 of 87
3.0 PROPOSED FEE SCHEDULE
The following sections discuss the proposed transportation impact fee schedule for
Collier County.
3. J Proposed Impact Fee Schedule
The detailed impact fee calculations are included in Appendix F. This Appendix includes
the major land use categories and the impact fees for the individual land uses contained in
each of the major categories. For each land use, this Appendix presents the impact fee
demand component variables (tlip rate, trip length, and percent new trips), the total impact
fee cost, the annual gas tax credit and present value ofthe gas tax credit, the ad valorem tax
credit, the net impact fee, the current Collier County impact fee, and the percent difference
between the potential impact fee and the current fee. It should be noted that the Net Impact
Fee illustrated in this Appendix represent the maximum transportation impact fee per unit
ofland use that could be charged in Collier County.
For purposes of clarification, it may be useful to walk through the calculation of an impact
fee for one of the land use categories. In the following example, the net impact fee is
calculated for the Single-Family Residential (J ,500 to 2A99 square feet) land use category
(ITE LUC 210). using information fi'om the proposed impact fee schedule included in
Appendix E (Table E- l). For each land use category. the following equations are utilized
to calculate the net impact fee:
lVet Impact Fee = Total Impact Cost- Gas Tax Credit
Where:
Total Impact Cost = ((Trip Rate x Recommended Trip Length x % Non-PasserbJ) /2) x (I - Toll Facility
Adj. Factor) x (Cost per Lane A1ile / AFg Capacity Added per Lane Mile)
Gas Tax Credit = Present Value (Annual Gas Tax), given 5% interest rate & 25-yearfacility We
Annual Gas Tax = (((Trip Rate x Assessahle Trip Length x % Non-Passerby) ! 2) x EffectiFe Days per Year
x S/Gallon to Capital) / Fuel Efficiency
Each of the inputs has been discussed previously in this document; however, for purposes
of this example, brief definitions for each are provided below, along with the actual inputs
for the Single-Family Residential (1,500 -2,499 s.f.) category.
Tindale-Oliver & Associates, Inc.
April 2006
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Collier County
Transportation Impact Fee
Aaenda Item hJo. 8E
~ April 25, 2006
Page 23 of 87
. Trip Rate = the average daily trip generation rate, in vehicle-trips/day (7.41)
. Recommended Trip Length = the actual average trip length for the category. in vehicle-miles (5.88)
. Assessable Trip Length = average trip lengths represent travel on the functionally-classified road
system, but gas taxes are collected for travel on all roads including local roads; therefore, an
adjustment factor of 0.5 miles was added to the recommended trip length of each land use category
to account for this (5.88 + 0.50 = 6.38)
. % Non-Passerby = adjustment factor to account for trips that are already on the roadway (100%)
. The total daily miles oftravel generated by a particular category (i.e., rate*length*% non-capture) is
divided by two to prevent the double-counting of travel generated among land use codes since every
trip has an origin and a destination.
. Toll Facility Adjustment Factor = adjustment factor to account for the travel demand occurring on
interstate highways and/or toll facilities (12.0%)
. Cost per Lane Mile = unit cost to construct one lane mile of roadway, in Silane-mile (S6,300,248)
. Average Capacity Added per Lane Mile = represents the average daily traffic on one travel lane at
capacity for one lane mi Ie of roadway, in vehicles/lane-mile/day (10,901)
. Present Value = calculation of the present value of a uniform series of cash flows. gas tax payments
in this case, given an interest rate, "i," and a number of periods, "n;" for 5% interest and a 25-year
facility life. the unifoml series present \\'ol1h factor is ] 4.0939
. Effective Days per rear = 365 days
. S/Gallon to Capital = the amount of gas tax revenue per gallon of fuel that is used for capital
improvements. in $/gallon ($0.256)
. Fue! Efficienc.v = average fuel efficiency of vehicles. in vehicle-miles/gallon (17.55)
Using these inputs, a net impact fee can be calculated for the Single-Family Residential
1,500 to 2.499 square feet land use category as follows.
T otalImpact Cost = ((7.41 x 5.88 x 1.0) 12) x (1-0.12) x ($6,300.248 ! 10.90 I) = $1 1,080
Annual Gas Tax = (((7.41 x 6.38 x 1.0) /2) x 365 x $0.256) /17.55 = $126
Gas Tax Credit = $126 x 14.0939 = $1,776
Ad Valorem Tax Credit = 5;420 (see Appendix E, Table E-l for detailed calculation)
Net Impact Fee = $11.080 - $1,776- $420= $8,884
3.2 Revie\\' of Rates in Other Counties
The impact fee programs of other counties proximate to Collier County were reviewed in
this section. A summary of this review is included in Tables 3-1. A total of seven
counties were reviewed for impact fee comparison purposes. Infonnation in Tables 3-1
includes six land uses. Finally, the date of the last technical study update and the
adoption percentage are also included in the tables.
Tindale-Oliver & Associates, Inc.
April 2006
15
Collier County
Transportation Impact Fee
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Agenda Item No. 8E
April 25, 2006
Page 25 of 87
3.3 Indexing
Current, Collier County indexes its transportation impact fees on an annual basis. This
reduces the likelihood of a situation where major adjustments become likely during updates
due to the time between adjustments. This section presents a method that calculates
various indices over the past several years as opposed to basing them on the previous year.
This method helps moderate annual fluctuations from one year to another.
The revised method indexes all the eight cost variables in the impact fee equation. Of the
eight components, design, utilities, mitigation, interchange, carrying cost, construction,
CEI, and non-land components of ROW acquisition costs (weighted at 25 percent of total
ROW phase cost) should be indexed by the FDOT Price Trends Index. Similarly, the land
value component of Right-of- Way costs (weighted at 75 percent of total ROW phase cost)
should be indexed based on the ten-year historical trend in total just values for all property
as updated annually by the County Property Appraiser. It is recommended that annual
increases in the total just values for all property be capped at 25 percent for any given year
included in the average.
It should be noted that the two sources considered to index the construction cost (FDOT
Price Trends Index and Engineering-1'\ews Record) do not appear to capture the recent
increase in construction costs. In a discussion vlith FOOT Central Office staff. it \vas
indicated that there is a study undenvay to review the process used to develop the Price
Trends Index. However. results of this study and recommendations on improving the
process to reflect cunent construction cost increases are not available at this time. This
repOlt bases the construction index on the FOOT Price Trends Index over the past three
years: however, it is recommended that the County conduct an independent evaluation of
local construction cost increases on an annual basis for the next few years until the increase
tapers off. If, hovl'ever, the County chooses not to conduct such a study, the index included
in this study will provide a conservative level of indexing.
The method for developing an indexed transpOltation impact fee is fUlther discussed in
Appendix G.
Tindale-Oliver & Associates, Inc.
April 2006
17
Collier County
Transportation Impact Fee
APPENDIX A
Analysis of Travel Behavior of Low-Income Households
Agenda Item No. 8E
April 25, 2006
Page 26 of 87
Aqenda Item f\jo. 8E
- April 25, 2006
Page 27 of 87
Analysis of the Travel Behavior of Low-Income Households
Because of continued concern that the existing trip rate for the smallest Single Family
(Detached) subcategory (i.e., Less than 1,500 s.f.) may not be representative of income-
restricted households, an update to the 2002 analysis was completed on the travel behavior
of lower income households. This analysis utilized data from the 2001 Nationa] Househo]d
Trave] Survey (NHTS) and the 2003 American Housing Survey (AHS) to examine the
overall trip-making characteristics oflow-income households in the United States.
Tab]e A-I presents the existing trip characteristics being utilized in the current adopted
impact fee schedule for the three Single Family (Detached) subcategories and the Mobile
Home Park land use category. The 2001 NHTS database was used to assess average
annual household vehicle miles oftrave] (VMT) for various annual household income
levels. In addition, the 2003 AHS database was used to compare median annual
family/household incomes with housing unit size. ]t is important to recognize that the use
of the income variable in each of these databases is completed simply to provide a
convenient linking mechanism between household VMT from the NHTS and housing unit
size from the AHS.
The results of the analyses of these two sources are included in Tables .'\-2 and .'\-4. First.
the data shO\vn in Table .'\-2 indicate that the median income in the U.S. for families!
households living in housing units smaller than 1,500 square feet in size ($33.178) is
significantly ]ow"er than even the overall median income for the u.S. ($46.849). Then. in
Table A-4. annual average household VMT was calculated fi'om the NHTS database for a
number of different income levels and ranges related to the resulting AHS income data in
Table A-2 and the Collier County SHIP definitions for low income (<$55.850) and very
low income (<$34,900) households, as shO\\11 in Tab]e A-3. The annual income ranges
that were analyzed include less than $55.000. less than $35,000. less than $30.000, less
than $15,000, median of$75.000, median of$55.000, and median of$32.500. In addition.
two individual levels (median of$7.500 and median of$] 5.0(0) were examined since it is
believed that the VMT for these two median figures \vould be more representative of the
overall average travel characteristics of the ]ess-than-$30,OOO and the ]ess-than-$15.000
income categories.
The results of these analyses indicate that the most logical income-restricted category to
utilize in conjunction with the smallest Single Fami]y (Detached) housing unit size is the
Tindale-Oliver & Associates, Inc.
April 2006
A-1
Collier County
Transportation Impact Fee
Agenda Item No. BE
April 25, 2006
Page 28 of 87
less-than-$30,000 (i.e. median of$] 5,000 category from Table A-4) segment. In order to
calculate a corresponding trip rate for this new subcategory, however, it was necessary to
rely on comparative ratios. First, it was determined that the average annual household
VMT for the median income level of the less-than-$30,000 (median of$15,000 category
from Table A-4) segment is ]2,034 miles. This figure was then compared to the overall
average annual VMT per household in the U.S., normalized to the median-of-$55,000
(28,039 miles) category given an increase in incomes since the 2002 Update (the median
income of the 1,500 -2,499 s.f. category, as shown in Table A-2, is $55,638), to derive a
ratio of 0.43. Next, this ratio was applied to the daily VMT for the average Single Family
(Detached) housing unit size (i.e., 1,500 to 2,499 s.f.) to generate a daily VMT of 18.74 for
the new subcategory, as shown in Table A-5. This daily VMT figure was then divided by
the proposed assessable trip length of 5.88 miles to obtain a typical trip rate of 3.] 9 trips
per day. ,
It should be noted that a second income-restricted subcategory was derived for the Single
Family (Detached) residential land use category, as well: Less than 1,500 s.f. and Annual
Household Income less than $15,000 (using the normalized ratio to the mean for the
median of$7,500 income category from Table A-4). The travel rate calculations for this
subcategory are the same as that described previously for the other new subcategory. The
calculated daily trip rate for this subcategory is 2.30 trips.
Then, these two trip rates \vere placed in the impact fee schedule to generate a net impact
fee value for the new "income-restricted" subcategories.
Finally, in the 2002 Update it was detenllined from discussions with Collier County
housing staff that the two values being utilized to describe the two new subcategories
corresponded extremely well with two of the measures that are currently being used in the
SHIP Program: 50 percent of the county median annual household income and the poverty
level. CUITently. the area's median annual household income is $63,300 for a family of
four (2005). According to 2000 Census data, average household size for Collier is about
2.4 persons; therefore, if a typical household size of 3 persons were assumed, then 50
percent of the median annual household income would be approximately $31,000. The
values recommended in the 2002 Update, the levels defined using following language
should be maintained: (I) Less than 1,500 s.f. and Total Annual Household Income less
I Assessable trip length is assumed to be 5.88 miles based on the trip characteristics studies performed in
Collier County.
Tindale-Oliver & Associates, Inc.
April 2006
A-2
Collier County
Transportation Impact Fee
Agenda Item No. 8E
April 25, 2006
Page 29 of 87
than or equal to 50 percent of the Collier County median annual household income, and (2)
Less than 1,500 s.f. and Total Annual Household Income at or below the poverty level.
Table A-1
Proposed Values Excluding Tiering Assessable Daily Ratio
Trip Rate Trip Length VMT to Mean
Less than 1.500 sf 5.26 5.88 30.93 0.71
Mean --> 1.500 to 2,499 sf 7.41 5.88 43.57 1.00
2,500 sf or larger 8.37 5.88 49.22 1.13
Mobile Home Park 4.74 4.30 20.38 0.47
Source: Current Collier County Impacl Fee Schedule, Transportation Impact Fee Ordinance.
Table A-2
2003 AHS Median Income Data by
Housing Unit Size (US)
Annual
Income
Less than 1.500 sf
1,500 to 2,499 sf
2.500 sf or more
Total
$33,178
555.638
$76,157
546,849
Table A-3
Collier County
SHIP Definitions
Low income ---> Less than $55,850
Very low income ---> Less than $34,900
Source: Amelican Housing Survey for the United States in
2003 U.S Census Bureau. Table 2-18.
Table A-4
2001 NHTS Travel Data by
Annual HH Income (US)
Median of $7.500
Less than $15.000
Median of $15.000
Less than 530.000
Median of $32,500
Less than 535,000
Less than S55.000
Mean ---> Total
Median of S55.000
rv1edian of $75,000
Annual
VMT/HH
8.524
8.541
12.034
12.924
19.793
13.815
17.237
22.063
28.039
31,463
Source: Florida HOUSing Finance Corporation. 2005
Income limits-SHIP (4 Person Household).
http://www . floridahou sing .org/Home/PropertyOwner
sManagers/1 ncomeLi m its. htm
Daily Ratio Normalized
Days VMT to Mean to 1.27
365 2335 0.39 0.31
365 23.40 039 0.31
365 3297 0.55 043
365 35.41 0.59 0.46
365 54.23 0.90 0.71
365 3785 063 0.50
365 47.22 0.78 0.61
365 60.45 1.00 0.79
365 7682 1.27 100
365 86.20 143 1.13
Source: 2001 National Household Travel Survey Database. Federal Highway Administration.
Table A-5
Alternative Values Including Tiering Assessable Daily Ratio
Trip Rate Trip Length VMT to Mean
Single Family (Detached)
< 1.500 sf and <$15K 2.30 5.88 13.51 0.31
< 1.500 sf and <$30K 3.19 5.88 1874 0.43
Less than 1.500 sf 5.26 5.88 30.93 0.71
Mean ...> 1.500 to 2,499 sf 7.41 5.88 43.57 100
2,500 sf or larger 8.37 5.88 49.23 1.13
Mobile Home Park 4.74 4.30 20.38 0.47
Note: The median income level of $32,500 was used for the less than 1.500 s.f. hOUSing cateogory.
Note. The median Income levei of 555.000 was used for between 1.500 -2.499 sJ hOUSing cateogory.
classified as the mean.
Note: The median Income level of $75.000 was used for the 2.500 s.L or greater housing cateogory
Tindale-Oliver & Associates, Inc.
April 2006
A-3
Collier County
Transportation Impact Fee
APPENDIX B
Florida Studies Trip Characteristics Database
Agenda Item No. SE
April 25, 2006
Page 30 of 87
Agenda Item No. 8E
April 25, 2006
Page 31 of 87
Florida Studies Trip Characteristics Database
Industrial Park liTE LUC 130
G,...ralo.VtlOp_nt Ilz. ...,ullOn 00.. I TOtllNo r'TOPI.-Inllllh T""l)fn ,,~ '" P"clnl ,., Source
11000 Ft'2Junfttl '1Itll.....Wl InlllYlI... Aall P.rlod Llngtn _TrIPI pIIrk.f
Industnal Park 165.0 Sarasota Co. FL Jan-OO 58 58 16.95 8.0 135.6 Sarasota County
Inausirial Parle. 367.0 Sarasota Co, FL Jan-OO B6 86 9.32 10.' 94.1 Sarasota County
Industrial Park 100,0 Sarasota Co, FL Jan-OD 26 26 6.06 6.6 40,0 Sarasota County
Tolal Size 632.0 "Averaae Trio Lenath: . .8.2
Weiahted Averaoe Trio Lenath: 9.0
WeIghted Percent New Tnp Average
Weighted Average Trip Generation Rate 10.80
ITE Average Tnp Generation Rate: 696
Sinale.Familv Detached Housina liTE LUC 210
Otntrlto..llO_nt SIn !..""IUon Do.. TObINo . Tnp 1.'1\9l:~ Tnpl)l" n_ '" ,.."."1 ,., Source
u..lt! I"'............ 1_........... .... ~..lod l...nlltll ,"",T",",
SmgltFamily Gwinnell Co" GA '21\3.1MI2 5.8 54 NlA 31.3 Street Smarts
Singll!Famlly Gwmnell Co GA 1:1'13,1l!1Il2 54 61 NlA 32.9 Street Sma rts
Eilnqll!Famlly 76 Hernando Co. FL 5:24/96 148 148 10,0 9a-6p 49 NIA 48,5 Tindale-Oliver & Associates
Single Family 301 Hernando Co., FL S/24l96 264 264 8.9 9a-6p 3.3 NIA 29.3 Tindale-Oliver & AssocIates
Sm91I!Famlly 232 Hernando Co FL 5/24l96 182 182 7.2 9a-6p 5.0 N/A 36.5 Tmdale-Oliver & Associates
Single FamUy 128 Hernando Co FL 5/24/96 205 205 8.2 9a~6p 6.0 NIA 49,3 Tindale-Oliver & Associates
S,ngleFamlly 76 SaraSOla Co, FL Jun-93 70 70 100 60 N/A 60.2 Sarasola County
SingleF;lmlly 79 Sarasota Co, FL JUI1-93 86 86 98 44 NIA 430 Sarasola County
Slngll!Famlly 282 Sarasota Co, FL Jun-93 '46 146 66 84 NlA 55.5 Sarasota County
SinQleFamlly 393 Sarasota Co, f=L Jun-93 207 207 7.8 5.' N/A 41.9 Sarasota Count\{
Slnglf> Filmily 97 Sarasota Co. :::L Jun-S3 33 33 13.2 3.0 r-J/A 396 Sarasota Counly
Smplf' Family 193 Sarasota Co, ;:"L Jun-93 123 123 69 4.6 NfA 31.5 Sarasota Counly
Slllol~ F;lmily '35 Sarasota Co. C"L Jljn~g3 75 75 8 I 59 N/A 47.5 Sa~asota Counlv
SltlpleF;lmlly 152 Sa,asota Co, :=L ..;un-93 63 63 86 7.3 N'A 624 Sarasota County
SmpleFamHy Volusia Co, FI NiA
SlngleF-itmHy Volusla Co, FI N/A
5,ngle F-aml!~ Vol uSia Co. FI N/A
Single FjlmU~ 215 Charlotte Co. :::L OC1-97 158 76 9a-5p 46 N/A 35.0 Tlndale-Ohver & ASSOCiates
Single F;lmily I 142 Charlotte Co, FL DCj-97 245 5.2 9a.Sp 4.1 Nit.. 21.3 Tlndale-Ohver & ASSOCiates
SlngleF;lmily 383 Chanotte Co. FL Od-97 516 84 9a-5p 50 NiA 42,0 Tmdale.Oliver & Associates
SinpleFamily 257 Charlotte Co, FL Oct~97 225 7,6 9a-5p 74 Nit... 56.2 Tlndale-Oliver Eo Associates
SmgleFamlly 345 C'larlmte Co, FL Del-97 161 70 9a-50 66 N'A 46,2 Tlndale-Dliver & Associates
Sinol!' Family 1169 :::;harlol1e Co. FL i Oc1-97 348 6 I 9a-50 B 0 I NiA 48,8 Tlndale-Ollver & ASSOCiates
SinllleF;lmll\' 441 Charlatle Co FL De-I-97 195 82 9a-50 47 I NfA 385 Tlndale-Ollver & ASSOCiates
Sll1gleF;lmilj' I 150 Charlotte Co FL DCI.97 160 50 9a.50 10.8 I N/A 54,0 Tlndale-Oliver & Associates
Sin !lIe Famil.,. /35 Charlotle Co, J::L Ocl-97 230 5,3 95-50 7.9 I N,'p 41.9 incale.Ollver & AssoClales
SIll!JI~Famil, 358 Cnarlolle Cc FL Oci.97 152 I 6 E 95-5c 57 I r-.':A 37,6 Tmcale-Ollver & Assoclales
Single Filnlll, 52 Lak,e Co. FL I Apr-02 212 I 10,0 ia-Eo 76 I ~/A 76,0 TI:Jcale.Ollver & ASSOCiates
Slnple ~i1mlly' '9 _ake Co. ~L Aw-02 "70 6 ; la-Er 10.2 N/A 68,3 Tlflaale~Ollver & ASSOCiates
SlnpleFamily , 25 Lake CO, Fi... iwr-G2 217 OS 7a-60 83 i~i,c., 706 TI'lOale-Ollver & ASSOCiates
Smalt' Filmll, 770 Collle~ CO. ;:"L De(.~99 175 <:::. 503-cO 50 N/A 2; t. TIIlaale-OINer & ASSOCiates
I Smale F-ilrnil~ 430 Collier Co, F=L Dee 99 38~ I iE I BB-50 6' r-Jil>, 499 Tlnaale-Oilver & ASSOCiates
Slnale F-amit~ 90 Collier Co Fe Dec-99 9' 12,8 Bel-CO 1 14 k.il> 145,9 Trncaie-Ollve' & ASSOCiates
Slnale Fitmil~ '89 Pasco Co, ;:"L I Aor.02 28., 75 ~a-60 9.0 Nit:.. I 67.1 T,ndale-Ollve~ & ASSOCiates
SlnQle Filmih' I 74 i Pasce Co I Aor-02 'BE 8.2 Ba-5p 6.0 Ni;", 487 Tlndale-Oilve~ & ASSOCiates
Slnale Filmlly 55 ! Pasco CO, F_ ! Aor.02 133 I E 8 Ba-6p 81 I NIA I 55.2 Tindaie-Oilve' & ASSOCiates
Slnole Filmily 60 I Pascc C8, F~ I Apr-02 106 I ' , ~a-6f 8.E, I N,'A, I 67_6 TIr,dale-OIIVer & ASSOCiates
~onole f-ilmli' I 70 Pascc Co, F~ ArH-O: I ,B8 7.8 Ba-6r 60 N:A I ':7.D TlI10ale.Oilver & ASSOCiates
Single F-i1mill' I 364 I Cl1rus Co, FL I Oei-03 345 72 7a-60 9 ~ ; N..4 ! 658 Tlndale-Qllver & ASSO::;la~es
~mgle F;lmily 374 I eilfUS Co, ,~L Oc~-D3 248 I 12,3 7a-60 69 NiP., I 846 Tmcale-Qilver & Associates
Single Filmily 306 I C,lrus Co ::-L Oct~03 146 84 7a-60 I H N't>. 331 Trndale-Ollvo:: & ASSOCiates
SmUleF;lmily 11, Cllrus Co "L Oct-03 I 273 8." 7a-60 I "" I NIt.. 667 Tmdale-Qilver & ASSOCiates I
SlnQ'e Filmi!\' I -- :::',lrus :::;(; FL 8cI-:)3 I 1:::' 5./ "7a-60 I " 1..)1':" 275 TlI1da'e-Ollver [. ,c..ssoclates
Total Size 9..JiOO Averaoe Trio Length: 8.5
Weighted Average Trio Length: 8.3 I
\~,1eI9h\ed Average Tnp Generation Rate 7.41
ITE Averag<: Trip Generation Rate 957
I..,rI? r,:n':!nl
"r1anmenl
1 o~al SIZE'
Sarasota Coun1v
Sarasota Count
~55C
Average Trip Length:
Wei~hted Average Trip Length:
Welgrled Average Trl~' Generation Rat.e
JTE Average Tnp Generallon Rate
5,81
6.72
Tindale-Oliver & Associates, Inc.
April 2006
B-1
Collier County
Transporlation Impact Fee
Aoenda Item I--Jo. BE
~ April 25, 2006
Page 32 of 87
Residential CondominiumlTownhouse /I TE LUC 230)
G...."'lo.v.~m .... Location 00. TDtIolNo .Trlpunelll Tnpo..n ,,~ '" "erunl "" "0\1"'1
.nlb 1111."'...... "'leND' ... ...... Llnolll NI.,.T"I"
Contlominium 128.0 Hernando Co . FL M.~.1fG 198 '98 6.5 9a.6c 5.2 N/A 33.5 Tindale-Oliver & Associates
Condominium 31.0 Hernando Co., FL M.~.5tG 31 31 6.1 9a-6 5.0 N/A 30.5 Tind8fe-Ohver & Associates
Condominium 2480 Pasoo Co. FL AIlf.Q2 353 353 4.2 9a-60 3.5 N/A 15.0 Tindale-Otiver & Associates
Condominium 229 Pasco Co, FL ^p,.02 198 '98 4.6 98-60 12.1 N/A 57.7 Tindale.Oliver & Associates
Tolal Size 636.0 Average ,Trip ,L8ngth~,:"; 6.4
Weighted Average-Trip Length: 7,0
Weighted Average Trip Generation Rale:
rTE Average Trip Generation RaJe'
4.97
5.86
Mobile Home Park /lTE LUC 240)
a_nlo.velOprMflt SIn L.OO:ltllln 00. TO"I"'" .TtlllL.aongth Trip 0'''. TilM '" ........ 'M' a.ou'(.1
~.. 1111....._. I".."...wl _It' .....Iod I."lllltl fMwTnlK
Mobile Home Park 18920 Hernando Co .FL Mav-96 425 425 4.1 9a.60 4.1 NIA 17.1 Tlndale-Oliver & Associates
Mobile Home Park 62.0 t.t.rlonCOl.lnty Fl Jul-91 58 58 108 24hr 3.7 NIA 402 Tlndale.Oliver & Associates
Mobile Home Park 67.0 Marlon Count.,., FL Jul-91 22 22 5.4 48hrs 2.3 N/A '24 Tindale-Oliver & Associates
Mobile Home Park 137.0 MariOn County. FL Jul~91 22 22 3.' 24hr 4.8 N/A '5' Tindale.Ohver & Associates
Mobile Home Park 235 Sarasola Co. FL Jun-e3 '00 100 3.5 5.1 N/A 17.9 Sarasota Count
Mobile Home Park 996 Sarasola Co. FL Jun-93 '81 181 4.2 4.4 NIA 18" Sarasota Count
Total Size 3409.0 Averaae TriDLenath: 4.1
We-ighted Average Trip length: 4.3
Weighted Average Trip Generation Rate:
ITE Average Trip Generation Rate:
4.25
4.99
G.".,'.IO'nlop....1II
67
3,5 913-4
Average Trip Len th:
Weigh1edAverage Trip Length:
Weighted Percent New Trip Average' 92.0
Tmdate-Oliver & Associates
R..I,rDl'ntlntC.ommundy
Total Size
Weighled Average Trip GeneratIon Rate:
ITE Average Trip Generation Rate'
3.50
3.71
G.n....O'U.OPII>>..1
9am-5 m
3.5 9am-5om
Average Trip Length:
Weighted Average Trip Length:
Vvelgt1ted Percenl New Tnp Average:
61
Trndale-Ohver & Associales
Tlndale-Oliver & ASSOCiates
R.l"..me ~~ Comrmmrty
f'<ettrllm~": C<:>mmunlTy
TotCiI Size
71.6
Weighted Averag~ Tnp Generation Rale
ITE Average Trip Generation Rate
3.50
2.02
Total Size
Elderly Housing -Attached (ITE LUC 252)
"."",.1 Pt-ulopnwnl
2_5 24hr
Average Trip Length:
Weighted Average Trip Length:
Percent New Trip Average
Tlndalp-Ollver & ASSOCiate::.
Weig~1ted Averagr:: Trip Generation Rate:
ITE Average Tnp GeneratIon Rate'
246
3.48
G....raID...'op......1
6.1 24hr
Average Trip Length:
Weighted Average Trip Length:
Percent New Trip Average'
Tlnoalp.*Ollver & Assocla1es
R"t"CffilIr::'-ommun,!y
Tolal SIZt
Weight~d Average Trip Generation Rate
ITE Average Tnp Generation Rate:
609
Residential Communltv
ResH1entla! Commumlv
ReSidential Commumt
Total Size
4.5
3B
3.5 24hr
Average Trip Length: 7,7
Weighted Average Trip Length: 6.9
elghted ercen! New np verage:
Tmdele-Oliver & Associales
Tlndale~Oliver & ASSOCiates
Tllldale-Ohver & Associates
Weighted Average Trip Generation Rate:
ITE Average Trip Generatlon Rate:
381
Tindale-Oliver & Associates, Inc.
April 2006
B-2
Collier County
Transportation Impact Fee
Aaenda Item No. 8E
~ April 25, 2006
Page 33 of 87
Holel
Holet
Total Size
12.5
7.3 12.7:30
Average Trl Length:
Wei hted Avera TripLen h: '. -, 1.3
Weighted Percenl New Trip Average" 66.3
Tindale.Oliver & Associates
Tlnoale-Dliver & Associates
G....t.1 D.~.lOporoenl
WeIghted Average Tnp Generahon Rale: 1044
ITE Average Tnp Generation Rate: 8.17
Motel (ITE LUC 320)
O....r..O'''.,OP_nI Sin !,.ocI',an 011. T,,"IHo I TtllIl....gth TrlpG.... ,,- '". "I,e..,! ,., .."~
,~- lll'terv..ws ""....1..- 'M. o..,.. 1.1",,", NtwT"""
Molel 54 Pmellas CO.,FL Oel.Bt! 32 22 120.70 3.8 69_0 Tindale-Ohver & Associates
Molel 48 Pmellas CO"FL Oct-59 46 24 1 Oa-2:20p 28 65.0 Tindale-Oliver & Associates
Moler 120 Pmellas CO.,FL Oel-89 26 22 20-70 5.2 84.6 Tindate-Oliver & Associates
Total Size 222.0 '.' Average Trip Langth: 3.9
Weighted-Average Trip Length: 4.3
WeIghted Percent New Trip A\lsrage: 76.6
Weighted Average Trip Generation Rete:
IT:: Average Tnp Generation Rate
5.53
Resort Hotel (ITE LUC 330)
Total Siz.e
98-7
106-7
Average Tripl.ength:
Weighted Average Trip Length: 6.1
Weighted Percenl New Trip Average:
Tlndale-Qllver & Associates
Tlndale-Qliver & Associates
B3.3
Weighted Average Trip Generation Rate
ITE Average Trip Genpratlon Rate
18.60
MOVie Thealer
MOVie Theal~r
Total Size
Movie Theater with Matinee (ITE LUC 444)
2p-8
122 63.4 2p-8p
Average Trip Length:
Weighted Average Trip Length:
Welghleo ercent New rip Average' 87.8
Tindale-Ohver & ASSOCiates
Tindale-Oliver & Associates
Weighted Average Trio Generation Rale 83.28
ITE Average Tnp Generation RB1e 15333
l-,ealt!l So"
Average Size
Health Club (ITE LUC 492)
Klmle\i-Horn & ASSOCIClles
940
Average TriP Geneiatlor, Rale
liE Average Tnp Gelleiallon Rale
32.93
Day Care Center (ITE LUC 565)
c;...n~,"1 lJ..vtlop"",nt I ''''I ..ocau.,,, Dalf 1'0"'"0 ~ ,rop .""!Ilh! 1"1' co." ,,~ l,,~ P.".n' ,., Scu",.
tHIOO Fr.2.J~n'I~1 Int..",...", >nt""".wl I R.'~ p.."ad Lenllt~ l'O~w lna.
Da\' Gart Center 56 Pmellas :;G AU:1-8S 84 66 I 67 G 7s-68 19 700 891 Imaal~-Oll....er & ASSOCiates
Dav Sare Cerl1t'f 100 Pmellas ::;c Se~t-BS 179 134 670 7a.6r' . 750 105.5 Tlnoale-Ollver & ASSOCiates
Day Care Center "Tampa, FL JII,ar-86 28 25 I 2.6 890 Klmley-Horn & Associates
Total SIze 15.6 Average Trip Lenoth: 2.2
Weighted Average Trip Length: 2.0
-
VVelghled ;;;lercent New TriP Average 73.2
Weighted Ave~age Tnp Generallon Rale 6700
ITE Average Tnp Generalion Rate 7S 25
I'<U'5Inc; Home
Total Size
Nursing Home (ITE LUC 620)
a."",., Dt~etop....,,'
2.9 11a-40
Average Trip Length:
Weighted Average Trip Length:
Weighted Percent New Tnp Average
Tmdal€'-OllVer & Associates
890
Welghled Average Trip Generallon Rale
ITE Average Trip Generation Rate
286
2.37
Tindale-Oliver & Associates, Inc.
April 2006
B-3
Collier County
Transportation Impact Fee
Agenda Item h!o. 8E
April 25, 2006
Page 34 of 87
MedIca! Clinic
Medical Clinic
Total Size
.TrlpL.",lh TrllIOen
Tindale~Oliver & Associates
Tlndale-Ollver & Associates
103.9
6'4 572 37.0 5.1
280 252 4.1
4.6
Weighted AyerageTrtp Length:.,. 6.1
Weighted Percent New Trip Average: 93.0
Weighted Average Trip Generation Rate
ITE Average Trip Generation Rale
37.03
31.45
General Office Building (ITE LUC 710)
O'....nl O'...IOpmenl Sin !..ot:MlOJI ... '0,*1"0. .'htpL.nafll TripO.n ,,~ ,"p P"~em VMT Sourn
!1000l",A2Junllll lftl."'ltowt; IftUl"',,""'" ... hrk>lI L.n9lh He.. lr""
. General Office 98.0 Gwinnett Co.. GA 12!B.1l1192 43 54 Slreet Smarts
General Office 180.0 Gwinnett Co. GA 1ZI13.\8Ill2 38 5.9 Street Smarts
General Office 282.8 81 Petersburc, FL Sep..e9 291 274 7a.50 3.4 94.0 Tindale~Ohver & Associates
General Office 187.0 PmeUas CO Oc1.89 431 388 '8.5 7&-50 8.3 90.0 104.8 Tmdale-Oliver & Associates
General Office 14,3 Sarasota Co, FL JUI"-93 '4 14 48.9 11.3 5294 Sarasota Count
Total Size 742.' .,-. .... Average Trip Length: :-,' 6.6
.weighted iAVerage'Trlp -Length: '..,.6.2.'
WeIghted Percent New Trip Average: 92.3
Weighted Average Trip Generation Rate: 10.84
ITE Average Trip Generation Rate: 11,01
D....raIO'w.lo9.....nt
17.6 6.8
115 7.2
Average ,Trip Length:"' 6.9
Weighted Average Trip Length:" 6.9
Weighted Percent New Tnp Average:
Sarasota Count
Sarasota County
Sin Ie Tenant Office
Sin Ie Tenant Office
Total Size
Weighted Average Trip Generation Rate' 14,53
ITE Average Trip Generation Rate: 11,57
G.".,.IO'...lop.....m 81,. l..Oc.tlDII 0.. TOIIIINo. flTnp~nllth TrlpD.n ,,- Trip ".rnm ,"T focN;re.
!100DFt'2.hmll'l) Illwrwi.ws IIII.",jeW'l R"I. ".rloel L.1l91h N.wTrllK
Medical Office 26.0 Hernando Co FL May.96 202 189 49.8 9a-6D 8' 93.6 282.6 TlnCta/a-Oliver & Associates
Medical Office 58.4 Hernando Co FL Mav-96 390 349 28.5 9a-60 8.5 895 165.1 Tmdele-Ohver & Associates
Medical Office SI. Petersbura, FL Nov-89 34 30 57.2 9a-40 1.2 680 Tlndale-Oliver & Associates
Medical Office 14.6 Palm Harbor. Fl Ocl-89 104 78 34.0 ge-5o 8.3 730 ~ 56.3 Tindale~Oliver & Associates
Medical Office Tamoa, FL Mar-B6 33 26 8.0 790 Kimlev-Hom & Associates
Medical Office 304 Charlotte Co. ;::l Oel-97 324 39.8 9a-5n :U 83.5 109.7 Tmdale-Ohver & Associates
Medica' Office 28.0 Cnarlotte Co, FL Oct-97 186 310 ge-50 36 816 91.0 Tlnaale-Ohver & Associates
Medical Office 11.0 Charlotte Co, FL Oct-97 '86 495 9a-50 46 92' 209_7 Tmoaie-Ollver & ASSOCIates
Medical Office 36.9 Citrus Co, !=L Oc1-03 '68 32.3 8-60 68 97.1 21 :='.0 Tmoale-Oliver & ASSOCiates
Medical OffIce 10.0 CItruS Co, FL Nov-03 340 406 8.830D 6.2 924 232,3 Tindale-Ollver & ASSOCiates
Medical Office 5.3 CitruS Co, FL Dee.03 20 294 B-5p 5.3 95.2 146.8 Tindale-Oliver & ASSOCiates
Total Size 224,5 A.verage Trip Length: 8.1
Weighted Average Trip Length: 5.6
Medical.Dental Office Building (ITE LUC 720)
Weighted Percent New Trip Average 88,9
Avera9C Trip Generation Rate
ITE Average Trip Generalion Rate
35.59
3613
Office Park (ITE LUC 750)
I O....<.IO'w.,Ollment I "" LOc..llDn I O.le loUINo flTnpLengtrl TripO.n ,,~ ,", :..~~;.~~, I ....M~ Sou~.
r1000Ft'2.'unllS) Interv,.ws I"",,,,..w< Ral, P.rlOd L."Wn
I Office ParI<. 30.0 Sarasota :'c FL Jem.53 10 10 9.1 9.0 818 Sarasota Counly
Otflce Park 36,0 Sarasota Co FL I Jun-93 17 '7 20.5 8.3 1702 Sarasota Count V
OHlce Park I 450 Sarasota Co FL Jun-93 42 42 no 4.9 181.3 Sarasota County
TOlal Size 1"0 Average Trip Length: 7.4
Weighted Average Trip Length: 7.1
Weighted Percent New Trip Average
Weighted Average Trip Generation Rale
ITE Average Trip Generation Rale
24,11
1142
G.ne..1 o..~.lopm.nt ,'U Lee.lIon 0.1. 101~1l+c . Tri!>loI"plh lnpC..n ,,- Top P.,e,.n1 'MT $ollre.
11000Ft'V~llltSI Inl.rv'.W5 Inl."''''''''l ... P.""d L."9In N......T"'"
BUSiness ParI>; 2111 Collier Co, FL 284 17,91 8a-60 54 93,0 89.9 Tmdale.Ollver & ASSOCIates
BUSiness ParI>; 860 Collier Co, FL 43 ~ 153 8a-60 57 790 51.9 TmdalE>-Oliver 8. ASSOClales
BUSiness Park '41 Collie~ :::;0, FL 55 3348 8a-60 36 727 87.6 Tindale-Ollver & Associates
291.2 Average Trip Length: 4.9
Weighted Average Trip Length: 5.4
Business Park (ITE LUC 770)
Weighted Percent New Trip Average 88.8
Weighted Average Trip Generation Rate' 17.22
ITE Average Trip Generation Rate: 12.76
Tindale-Oliver & Associates, Inc.
April 2006
B-4
Colfier County
Transportation Impact Fee
Agenda Item No. 8E
April 25. 2006
Page 35 of 87
Building Materials and Lumber Store liTE LUC 812)
O.n.r.IOInlop......t ,~ L~"lOn ... TODiNG , flip L.",lll T""O.... ,,~ '"' ".rc_"\ ,., :s.ourc.
'111CHIF"Vu"lts'l IlIt.rwltwl Ina....._. ... "_flod L_flvth 1M.... To,"
Plumt)lnQ 86g TamOB FL Jun.93 40 7e-4300 6.6 73.0 Tlndale-Oliver & Associates
Plumoma 98.5 Tamoa. FL Jun-93 40 78-4300 6.0 Tlndale-Oliver & AssoCIates
PlumbtnQ Tamoa. FL Jun-93 40 7a~430D 5.9 757 Tlndale-Oliver & Associates
Tolal Size 1854 .. .Average Trip Length: 6.2
Weighted Average Trip Length: 6;3
VYetgmeo ~ercenl New np Average: 744
Weighted Average Trip Generation Rate"
JTE Average Trip Generation Rate 45.16
Discount Sunerstore
Total SIZe
Free.Standing Discount Superstore (ITE LUC 813)
59
5..
Weighted Average Trip Length: ': 5.9
Weighted Percent New Trip Average 91.8
Tindale-Oliver & AssocIates
Weighted Average Trip Generation Rate: 55,01
ITE Average Trip Generahon Rate: 49.21
Specialty Retail Center liTE LUC 814)
G.n.'.IO'v.loro...."1 'D, ~outlOn 0.1. 10UINQ 11r1pt.A1lgth 1"I>0.n ,... '" ".rc."'1 'M' Soute.
r1Dll~FI'V..n!t1l1 Inl"v_, Int.rv_' ... ,..r>od L.nfJlh Ne...TTlIll
Retai! Center 56.5 OrlanOG FL Jan.96 602 vaned 3.5 87,9 LC=..lnc_ *
Electrom::s Relail 12.0 Collier Co., FL Me -99 13 19,7 6a-6 3.7 750 54.7 Tindale-Ollver & Associales
Harowar€ Store 12.0 Collier Co.. FL Mav-99 146 127.5 Be-50 2.2 8~.3 2408 Tindale-Ollver & Associates
Totai Size 80.5 Averaae Trio Lenath: 3.2
Weighted Average Trip Length: .304
Welghled Percent New Tnp Average: 85,4
Weighted AveragE:! Tri:; Generation Rale 73.60
ITE Average Trip Generation Rale 44.32
Shopping Center (ITE LUC 820)
G.n,,'1 D'HlopmeJ'\\ $'n ~oc'''o~ P.. 101.1100- . T"I>L.ngl" 1npO.n ,.~ In~ ""C'1l1 ,., l>..~'e.
(11l01l"1"2J"nlhl Inl.""_' III1.N..... .... ".rleU! L.nll"' H...T..o,
Mall 1192.0 81 Pelersburo. FL AUQ-89 364 298 11a-7(o 36 780 Tmdale-Ohver & Associates
Mall 425.0 Seminole, FL Ocl-a9 674 586 87.0 7lndale.Oliver & Associates
Mall 6960 Pmellas Park. FL Sea-59 485 388 9a-60 3.2 80.0 Trnoale-OllVer & Associates
SheaDInO Center 1078 Hernando Co.. FL Mav-96 608 331 7i,6 9a-60 47 54.5 197.9 Tindale-Ollver & Associates
ShoODInO Senter Collfer Counlv FL Auo.91 66 64 3.3 94.1 0.0 Tmdale-Oliver & Associates
Sho DInQ Center :::'olher County, FL Auq-91 208 154 26 74.0 00 Tindale-Oliver & Associates
ShoPplno Cen1er Tamoa, Fl Mar-8E 52i 348 660 Kimle '-Horn & Associates
ShoOrllflQ Center Tampa, Fl Mar-8E 178 7 Klmley-Horn & Associates
ShoPDInO Center Tamoa, FL Mar-86 354 269 76.0 Klmlev-Horn & Associates
ShODPInG Cerner 7amoa FL Mar-86 14' " Krmley-Horn & Associates
S'lODDInQ Ceiter 132.2 St Pelersbur'Jh,FL t<!2S-261!l!' 40D 368 77.0 1GiJ-7r 1.B 92.0 1275- Trndale-Oflver & ASSOCIates
Mall 425,0 Lama, FL I Au~-a" 16C 120 26.7 1Ga-Be c, 75.0 46 ~ Tlndale-Ollver & ASSOCIates
ShOPDInQ Cenlpr ec 5 Dunedin FL Sep-89 276 :10 ~ 15 9"8-530rJ '. 760 857 Tmdale-Oliver & Assoclales
ShoDoino Center 99 ! Gwmnell Co G. I ,2113-1819:: '6 C '" 700 1030 Street Smarts
ShoPDlnO Ce'lrer 3147 '3wmnell Co GA ,2'13-1819, 27,0 1':5 84.0 192E Street Smarts
ShoPPlnc Center 13j4 Ocaia, FL I 911B.22192 3DC '92 ,Laf1'-6pm 64.C I Inf] E.n!]meering ASSOCiates In
St:OPPlnC c'ent:or I 10'20 a rasota/Bradenlor: Fl 9'15-9'18'92 30C I "85 ,~am-6n'" 61,E I me Enomeenno Assoclales In
Sl'cP[Jlnc Senler 57 e ;..ake CO, j:'L Apr-D", 241" I .' 1C2,6 34 71.2 I 24:1 4 Ilnd2le.Ollver & ASSOClale~
Sropr'lnc Senrer 723 Lake Co, FL ,A,PI_01 444 -::,7:, 6:'':' , 5 59 C 1724 j Indale-Ollver & ASSOCiates
StlOpOlng Senter 11C 0 Sa:-asola Cc FL Jw.-93 5E I 58 .22.1 ::'.2 I Sarasota 80untv
ShoDPino Center 14€1 SaraSQla Cc Fl.. I Ju'--,-92 5: I 65 ~15 28 Sarasota Countv
SI10DOHlC Cemer 1575 SaraSOla::c F_ Jur,-g~ 57 57 798 34 ! Sarasota Countv
SnaPPing Cer1'er 19' ,0 Sara sola Cc 0' Jun~93 62 62 668 50:: Sarasota County
511O:J::JI'IO Ceme:- BEe CnanctlE: Cc oL I 0::1-97 73,5 8a-So i8 5'.1 756 -:-Indale-Ollver & Assocla~es
Sh08DI'1Q Cen:e: 513 Crlarlotle Cc o. Oc;1-97 430 9a-50 .cl I 5U~ 601 -:-mdale-Oliver & ASso':.18Tes
StlOOPI.'lq ::::enter 19",9 Ctlarlolte ::0 FL Oel-S7 720 9a-~o 24 I 509 65.0 Tmdate-Ollver & ASsoclfl1es
ShoOPlng Center 758 Pasco Co Fe -",pr-02 -:3L 38.2 9a-50 24 582 52.5 Tlndate.Ollver & ASSOClales
ShoopnQ Cen1er 6~6 f-'8SCO C0 Ao'-02 2';') 1456 9ft-50 15 469 996 Tmdale-Ollver & AssoCiaTes
SrlO;J1Wl(J ::'en'~r 155~; Citrus Cc FL 0:\-03 784 55.8 530a-6300 24 881 "8.1 Tlnaale-OllVer & ASSOClales
Shoprunr ::en:er 91295 Cl1n:s Ce:, FL Nov-03 390 54,5 Ba-630c 16 8B Q 768 Tmoale-Oilve' & ASSOCiates
lo~a: SIZE' 520~.3 Average Trip Length: 3.07
Weighted Average Trip Length: ~,39
1736
V\!e!;Jhleci Percent ,"Je..." Tnp Ave-age 7'2.76
VlJerghted Average Trip Generation Rate' 5505
!TE Average TriP GeneratIOn Rate: 42,9.:1
Tindale-Oliver & Associates, Inc.
April 2006
B-5
Collier County
Transportation Impact Fee
Agenda Item I-Jo. SE
April 25, 2006
Page 36 of 87
Quality Restaurant (ITE LUC 931)
Gllllrtlo.vtlOprTlent 5tn LoeltlOll DIl. ToulINc II TflPLenllh TrillO'" T,_ ... '.reMlt ".n 'D"'~'
11lIOOfl'l"lJ"''11t11 lnw.......w. lIIuf'II""'" I'll" ".rlocl Un(ll" ,"wTApI
Qualitv Restaurant 7.5 5t Petersbura, FL Oct.89 177 154 11>>23DIUII-I1O 3.5 87.0 TiMule-Oliver & Associales
Qualllv Restaurant 6.0 Clearwater. FL Ocl.B9 60 40 110.6 10.230/5.63 2.6 67.0 207.5 Tmdale-Oliver & Associates
Quallly Restaurant Tamoa. FL Mar-86 76 62 2.1 62.0 Kimlev.Hom & ASSOCiates
Total SIze 15.5 ... . Avel1lae Trl Litnath: .2;8
Weighted Ave,egll,.,lp.Lenglh"iic:'M
WeIghted Percent New Tnp Average: 76.7
Weighted Average Trip Generation Rate: 110.60
ITE Average Trip Generation Rate: 69.95
G......I PtIv.lop......1 .... I..OCIIUOII DII, ToltlNo . TrlpUlII"th Trill Gtn. ,,- T'" ".runt "NT ...,~
!lOGOF,'1.11.1nlhl In'trY.""1 InlHY_. .... "t"lId ,~,., .......TrIp&
Restaurant 5.0 SL Pelersbura, FL Oct-89 74 68 132.6 1130-7 2.0 92.0 24-4,0 Tindale-Oliver & ASSOCiates
Restaurant 5.2 Kenneth City, FL Ocl-89 236 176 127.9 4p.730 2.3 75,0 2206 TlOdale-Ohver & ASSOCiates
Restaurant 6.2 Hernando Co., Fl Mav-96 242 175 167.5 9a-6 26 72.5 375.0 Tindsle-Oliver & Assoclales
Restaurant 6.2 Hernando Co., Fl Mav-96 154 93 102.7 9a-6 4.2 60.2 2564 Tmdate-Oliver & Associates
Restaurant 5.2 Pasco Co, Fl Apr-02 114 66 625 98-6 3.7 77.2 236.6 Tindale-Ohver & Associales
Restaurant 5.6 Pasco Co. Fl Am-02 162 102 117.0 98-6 3.5 560 226.6 Tmdale-Oliver & Associales
Total Size 35.6 ,. Average Trip.Length:..'. 3.1
Weighted Average Trip Length:" 3.2
High. Turnover Restaurant (ITE LUC 932)
Weighted Percent New Trip Average: 70.8
Weighted Average Trip Generation Rate' 124,69
ITE Average Trip Generation Rate: 127,15
f1l6~ Food ....Ioul DnveThru
fllit FOOd ""oU'! DnveTrlfll
24
TOlal Size
3.7
487.7
4604
Average Trip Length:
Weighted Average Trip Length:
Weighted Percenl New Trip Average
Street Smarts
Street Smarts
449
Weighled Average Trip Generation Rate' -483.0
ITE A....erage Trip Generation Rate'
Fast Food Restaurant w/Drive Thru liTE LUC 934)
G.NIllIO'...lop"'....1 S.n L.OCllion 0... Tlltll"lI. II TrtIlL..nO'lh Trip Gin T,_ "" P.'~.nl "NT &.oUtc.
11000 Ft'Vunttlj Int.rv~wl InI.,Vi..., R.I. ".rlllcl LnlJ!h N.",Trllls
FIliI Fooow.' Drive Tnru 54 Hernando Co., FL May-96 136 82 311,8 9a.6D 1.7 60.2 315.3 Tindale-Oliver & Associates
Flsl FOOOwIDr....e "-hru 3 1 Hernando Co.. FL Mav-96 166 62 547.3 9a-60 1.6 -48,8 4250 Tinaale-Oliver & ASSOCiates
Fist Food WI DrlYl! T'1fU 4.3 Pinetlas Co Oct.B9 .56 260 6604 1 da ' 2.3 57.0 865.8 Tindale-Oliver & Associates
FIST ;:ood ",i Drive T1'U 22 Pinellas Co Auo.89 61 46 502.6 11am-2om 1.7 59.0 504.3 Tindale-O\iver & Associates
Flsl ;:ood Wi Drive Tn'u 1 ar on SprmQs ,FL Oel-89 233 114 7am-7pm 36 490 Tmdale-Oilver &. Associates
FilS! ;:aod wi Drive Tnru 40 Marion Countv, FL Jun.91 75 46 625.0 48hrs 1 5 61,3 59D.0 Tmdale-Ohver &. ASSOCiates
Fast Food ",,/Drivl:' Thru 1 6 Manan County. FL Jun-91 60 32 962,5 48hrs 09 53_::' 466_8 Tllldale-Oliver &. Associates
Fast Food...' Drr~1:' Tnrll Collier Counlv Fl AU(:l.91 66 44 1.9 66.7 Tmdale-Oliver &. Associates
Fast Food ~I' D'I~e Thru Collier Counlv Fl Auo-9' 116 40 1.2 33_9 Tmdaie-Oliver &. ASSOCiates
Fast FOOd Wi Drl~e Thru Tampa. FL Mar.86 61 27 Krmtev-Horn & ASSOCiates
Faf:,l food",! Droye Thrl Tampa_ FL Mar-85 306 65.0 KrmleY-Horn &. ASSOCIates
Fasl FOOd "',' Drlye Thfl.! 2.2 I Lake Co. F... Apr-01 376 252 9343 2.5 74_6 1742,5 Tlndaie.Oirver & Associates
FOIf:,1 Food.,.,' Dr,..e lhrl 32 ! lake Co. F.... A r-D1 171 162 , 654,9 " 47.6 1283_0 Tmdale.Oilver & ASSOCiates
Fa,,1 Food.,.,,! ;)nye Thl\; 3.6 I ;..ake Co. FL Aor-01 166 137 I 35::',7 3.3 70,8 526,4 TlI1dale-Ohver & Associates
Fa61 FOOl] w,'Drlve ThuJ 3D I Dasco Co, F, Apr-02 466 164 515.32 9a-60 2.7 33.7 472,9 Trndale.Oliver & Associates
Fa51 Fotld"".' Drove Tnfll 44 I Pasce Co, F! Apr-02 168 120 75924 9a-6p 1.9 71.4 1025,0 Trndale.Ollver & Associates
Fas! Fcol]w; Drive Thru 2_7 Pasco Co r::, ";pr-02 '00 46 263.12 9a-6p 51 46_C 66-4,2 Tlndale.Oliver & ASSOCiates
Total Size 399 Average Trip Length: 2.4
Weighted Average Trip Length: 2.4
Weighted Percent New TrIO Average 57,9
Weighted Average Trip Generation Rale
ITE Average Trip Generation Rate
56446
496.12
Automobile Repair Shop riTE LUC 942)
O'Mr;1 Oe~.IOpm41nl IS'" L.oc.1Kln [I.,. llltll,,"o fllrlpL.tnglh TnpCil.n T,~ Tflp P.'~.nl ".T iloour~.
(1000 Fl'2,lunlt&T Inl.rv..w, Int.fVIIW!i R'le PlrIod \;enllln twwTrlp5
Aulo Repair Shop 5.2 :..akeland, Fl Mar-gO 24 14 9a-4p ',4 590 Tindale.Oliver 8. Associates
AulD Repair Shop Laketand, Fl Mar-gO 54 42 ga-4p 24 78,0 Tmdale-Oliver & ASSOCiates
Auto Reoalr Shoo 250 Oranoe Co. F.. Nov.92 41 39 2-6om 4.6 LeE. Inc, .
Auto Reoair Shop 2.3 Jacksonville, Fl 213-4/90 124 94 9a-5p 31 760 Tindale-Oilver & Associales
Aulo Re081r Shop 2.3 Jacksonville_ Fl , 2/3-4/90 110 74 9a-5o 3D 67_0 Tindate~Ohver &. ASSOCIates
Auto Reoan Shop 2' Jacksonville FL 213-4190 132 67 9a-50 23 66.0 Tmdate-OllVer & ASSOCiates
Auto Reo8lr Shoo 5.5 Laroo. FL Sep-89 34 30 37.6 9a-5(i 2.4 880 795 Tlndale-Oliver & ASSOCiates
Total Size 426 Average Trip Length: 2.7
Weighted Average ,Trip Length: 3.6
Welghled Percent New Trip Average' 72.2
Weighted Average Trip Generalion Rate 3764
ITE Average Trip Generation Rate:
Tindale-Oliver & Associates, Inc.
April 2006
8-6
Collier County
Transportation Impact Fee
p,qenda Item No. BE
- April 25, 2006
Page 37 of 87
Car Deatersni
Car Dealership
Total Size
430
..7
'.5
4.6.
Weighted Average Trip Length: 4;7
Weighted Percent New Trip Average"
TindBle.Oliver & AssocIates
103.2 Tmoale-Oliver & Associates
r.....r.l[)u.lop....m
79,0
Weighted Average Tnp Generation Rate 29.40
ITE Average Trip Generation Rate 33.34
SelVlce StatIOn
SerYIce Station
Total Size
06
19
10
Average Trip.Length: 1.5
Weighted Average Tr;p L:ength:' 1.9
Weighted Percent New Tnp Average: 23.0
Tinoale-Ohver & ASSOCiates
Tmdale-Oliver & Associates
0......1 Doow.",p_n\
Average Trip Generation Rate:
ITE Average Trip GeneratIOn Rate: 168.56
Service Station wlGonvenience Market liTE LUG 853)
G......IDor.....op........ 51U Loca,..,,, I "" leUIMo .T""L'''lllh Trj~Q'n ,,~ '"' "..~_t ~, s,OIJrca
"OOOF'"2.J"nh lnl."'.....~ I"l~rv..'" Il.t~ "~'Iod l,,",f1'1 1'4....1",,,
Service Salion wi S10re . . Manon Coun "L Jun-91 85 25 486.7 4Bnrs " 294 1517 Tlndale-Ollver & ASSOCiates
Service Sallon wi Store " Marion County, l'"L Jun-91 77 20 5448 24hr 09 250 126.1 Tlndale-Qliver & Associates
Service Sallon Wi Store 2' Maflon County FL Jun-91 56 2' 997.6 24hr 1.7 36 . 5054 Tindale-Ollver & Associates
Service Sallon w" S1Dre Collier County, Fl. I ,Aua-91 96 38 12 396 Tmdale-Ollver & Associates
Ser\i1ce SallOn W' Store Collier Countv, F.... Auo.91 78 '6 " 205 Tmdale-Ollver & Associates
Service Satlon Wi Slore 3.3 Ellenlon. FL I :0/:'0,2219. '2' .. 24hr '0 353 Tindale.Oliver & Associates
SerYlce Safton w' Slore 23 Tampa, Fl I 'T,),~~.I;J: 23f 7' 24nr " 311 Tinaale-Oliver & Associates
SeN1ce SatlOn w,' Sin''? 3.8 Tamaa FL "11:"".'9. 142 I 23 24hr 3' 16 . Tlnaale-Ol1ver & ASSOCIates
SerVice Sa110n w' Store '7amr>a, Fl I Mbr-86 '2 I 20 Krmlev-Hom & Associates
Tota: Size 17,1 I A....erage Trip Length: 1.4
Weighted Average Trip Length: 1.6
Weighted Percenl New Tnp Average: 28,5
Weighted Average Trip Generation Rate
IE Average Tnp Generation Rale
63631
845.60
Car Wash
Car Wash
Tolal Size
5_B
8am.Sam
177 i 10am-Sam
Average Trip Length:
Weighted Average Trip len~th:
Welgmed Percenl New Trio Average
Tmdale-Ollver & ASSOCIates
Tlndale-Oliver & Associates
76,0
Welgnled AveraQe Trip Generation Rate
ITE Average TriO Ge'1erallon Rate
GasolinelFast Food/Convenience Store (ITE LUC . )
t;.~...t.1 De~~jol>...."t StlO loc.1Kln I Oal. Tot.tNO e1""L.noltl Tl1oC;;e" ,,~ 'no P.'c~n I VMT S<>lJ'ce
C 1 (!(\P c~. 2 J""lt 0) Inl.'~,.... In..",.... R~h P.rf"O L.noh ,.....,T'tp,
VOIUSla CC FL 918,0 2 . 33C 727 TlnaalE"-Ollver & ."'.550::181e5
Mobil 3 0 Indian River Co FL Mar-95 i07 8' 563,1 5a.5o 2.L 393 443 Tlnaa:e-Oilver & A.s508lales
Amo:::o 3' Indian River Co Ft... Mar-9E oJ"- ;10 1396,~ Ba-6p 18 41 "( 104e Tlnaale-Ollver.& Assoclales
;"bb,: 2 S mc112rl RIVer Co cc Mar.9E 13: S2 748.3 0;3-60 37 : 9 '7 5'5 Tlndale-Ollver &4.SS0cI8tes
VIII(;Vara~. 10(;[11 I 2 , C'1liler Cc F - r.o',.8S, I . 2B 1399,;: oa-6r, I .. '3 : 763 T'ndale-Otlver & AS50clates
Cur s Mob:1 I 3::' C(Jllle~ c:.c FL Nov-9~ I ,., 862,E 5fl-6v I 2.2 39.6 751 Tlnaa!p-Olive! & ,':"S50::;181e5
Total Size 143 Average Trip Length: 2.7
Weighted Average Trip Length: 2.6
VIIelghtec Percen: New Tr;p Average 32_1
Weighted ,.werape Trip GenerattOr Rate 9B4,5~
ITE Average Trio GenerallOrl Rate
Tolal Size
Supermarket (ITE LUG 850)
SU!)c;fmarko:>'
Palm HerDO' FL
AU9-89
163 62 1063 9am.4om
Average Trip Len~th:
Weighted Average Trip Length: 2.1
WelDhlea Percent New 1 n:::, Average:
Tmdale-Olrver & ASSOCiates
1::::=:' . 1:~::,::~lh I
62C
380
\Neighled Genera~lon Rate 106,2€
[T~ ':"'verage ::;Pf1eraIlOn Rate 102_24
Tindale-Oliver & Associates, Inc.
April 2006
B-7
Collier County
Transportation Impact Fee
Agenda Item t'llo. BE
April 25. 2006
Page 38 of 87
G..,.r.tO'...lo_nt "p l,.""ll,on DII. TotllNc. . TnpLIllgfh ltlpGln ,- "'" ".re.nt ,., Sour~
l'OOClF,AZ,lunll't mt1lrv.wl ",tl",I__ Itltl "'""d L.n~ H.wTncu
Convenience Store 3.2 Gwinnell Co , GA 121'J.1Ml2 37.0 Street SmsrLs
Convemence Slore 29 Gwinnetl Co GA 12113.\811I2 2.3 48.0 Street Smarts
Convenience Store Collier Count FL Aup-91 146 38 2.5 24.7 TInClale-Qliver & Associates
ConvenIence Store 2.5 Manon Count...., FL Jun-91 94 43 787.2 48hrs. 1.5 46.2 552.5 Tmdale-Ohver & Associates
Convenience Store 2.5 Marion County Fl Jun-91 74 20 714.0 48hrs. 08 27.0 144.6 T,ndale-Oliver & AssoCIates
Convenience Store Collier Count FL Au -91 148 38 11 25.7 Tindale-Oliver & Associates
Convenience Store 2.5 Laroa, FL 6115,25/89 171 116 634.8 12 66.0 518.0 Tindale-Oliver & Associates
Convenience Store 2.5 Clearwater. FL Au -89 237 64 690.8 16 27.0 29B.4 Tmdale-Oliver & Associates
Convenience Store Tamoa, Fl Mar.86 80 " Klmlev~Hom & Assocla1es
Convenience Store 2.1 Clearwater Nov~89 143 50 635.2 24hr. 1.6 35.0 355.7 Tindaje~Oliver & Associates
Total Size 18.2 . ,.:. Average;Trip Length:- 1.];
Weighted Averllge Trip .L.ength:'. '.. .1.6'
Convenience Market.24hrs. (ITE LUC 851)
Weighted Percent New Tnp Average: 41,3
Weighted Average Trip Generation Rate
ITE Average Trip Generation Rate:
694.30
737.99
11_..IO'....IO"....lIt
00
1.1
,Average Trlp.Length:': ,.. 1~1
Weighted Aver.ge Trip Length:' .1.1
Percenl New Trip Average: 56.6
Tindale.Oliver & ASSOCiates
Convenience Slore
Total Size
Average Trip Generation Rate:
ITE Average Trip Generation Rate:
O.n...IO'...IO"...nt a,,. Loclillon 0... Tot.IN.. .TtIpL_glh TnpO.n ,,- ". "~."'.I ,., a....ru
/1000 Ft.2.junnl! In'.rvlllw, IntJrvl.W1' R... P.,1od Co,,.,. NoewTr1p1
Dnmstore 12.0 Pasco Co. FI Aor-02 212 90 122.2 2.0 42.5 105.8 Tmdale-Ohver & ASSOCiates
DrUQSIOre 15.1 Pasco Co. FI A r-02 1192 54 98.0 2.1 26.1 58.7 Tmdale-Ohver & Associates
Drugstore 11 ,1 Pasco Co, FI Apr-02 136 38 89.0 2.1 27.5 I 50.2 Tmdale-Oliver & ASSOCiates
Total Size 38.2 Average Trip Length: 2.1
Weighted Average Trip Length:", 2.1
Pharmacy/Drugstore with Drive.Through Window (ITE LUC 881)
Weighted Percent New Tnp Average 32.5
Average Trip Generation Rate: 103.03
ITE Average Trip Generation Rate: 88.16
Furniture Store
Fur:'liture Store
Total Size
7.'
4.6 52.5
Average Trip Length: 6.0
Weighted Average Trip Length: 6.1
WeIghted Percent New Tnp Average; 54.2
Trr'1dsle-Oliver &. ASSOCIates
Tinda'e.Ohver & ASSOCiates
Average Tnp Generation Rate
ITE Average Trip Generation Rate
5.06
Geo.'.IO'.....op...nl &'l. Loc.t,Ol' c.,. lC>t.'No II TflpL.nlJ'lh 1"0(0.'1 l,me l'lf P.'cenl ,., :;'ou'Ct
11000 Fj'2.lunl!s., Inl.N~w. 101"Vl.WS "nte PerIOd L.n!ltl1 Nf'wTfIl's
BanK I 7,3 Hernando Co FL Ma -96 136 67 143,6 9a-6v 2.8 48,9 1994 Tmdale-Ollver & Associates
Bank 5.4 Hernando Co. FL May-96 I 164 41 364,7 9a-6p 28 24.7 249.5 Tmdale-Oliver &. Associates
Bani-: TamDa, FL Mar-86 , 77 I 24 KI''T,lev-Horn & f.I.ssoclates
Bank Tamna. FL Mar.86 211 I S40 Klmley-Horn & ASSOCiates
Bank 68 Gwmnelt CO, G,t.. ':'I1:\.\BI9,' 78,9 2.3 410 744 Street Smarts
Bank D. Clearwater. FL Aua-89 113 52 9am-6pm 5.2 46.0 Tindale-Ollver & ASSOCiates
Bank 2.0 LarQO, FL Sep-a9 129 94 192.5 16 73.0 224.8 Tindale-Oilver & Associates
Bank 45 SeminOlE, FL 1DI89 201.8 TI'ldale~Oiiver & ASSOCiates
Bank 2.3 Marion Count FL Jun-91 69 29 680.0 24hr 13 42.0 379.8 Tindale-Oilver & Associates
Bank 2.5 Marion Count, Fl Jul-91 57 26 3860 48hrs 2.7 45,6 475.2 Tmdale-Oilve' & ASSOCiates
Bank 3.5 Clermont. F~ ADr-01 20 20 510,8 4.0 65.0 ~ 334 ,7 Timlale-Olrver & ASSOCiates
Bank 4.7 Leesourq, Fl Apr-01 51 5. 1026.2 2.5 55.0 1433,6 Tmdale-Ollver Eo ASSOCiates
Bank 5.3 Lad Lake FL AJJr-01 42 42 769,7 3.9 95 C 28591 Tlndale-Oliver & A.ssociates
Bank 50 Lady Lake, FL AJJr-01 92 32 769.7 1 0 87.0 6763 Tlnaaie.Ollver & Associates
Bank I Gollier County. FL Auo-91 162 96 24hr 0.9 59.3 Tlnctale-Ollver & ASSOCiates
Bank i Collier Counlv FL Aug-91 116 54 16 46.6 Tlnclale-Ollver & Associates
Bank Collier Countv );L Auo-91 142 68 2.1 '7,9 Tlndale-Oliver & Assoclales
Bank 31 Manon COUnTY Fe Jun.91 47 32 5808 24hr 1.8 58 692,2 Tlndale-Ollver & AssoC:lales
Tolal SIze 52.6 Average Trip Length: 2.4
Weighted Average Trip Length: 2.6
Drive.ln Bank (ITE LUC 912)
Weighted Percent New Trip Average 57,6
Weighted Average Trip Generatian Rate: 45250
ITE Average Trip Generation Rate: 24649
Tindale-Oliver & Associates, Inc.
April 2006
8-8
Collier County
Transportation Impact Fee
Agenda Item No. 8E
April 25, 2006
Page 39 of 87
APPENDIX C
Cost Component Calculation
Agenda Item No. 8E
April 25, 2006
Page 40 of 87
Cost Component Calculations
All infonnation used to compute a typical cost per lane mile and a typical average daily
capacity added per lane mile is presented in this Appendix. As noted, the primary source
for the County project data is recently completed, under construction, and recent bid
projects that were provided by Collier County Transportation Planning Department. In the
case of the State projects data, the source is the FDOT reports for recently completed or
fully programmed capacity expansion projects in Collier County.
As mentioned previously, the cost calculations are based on county and state projects in
Collier County (presented in Tables C-1, C-2, and C-3). These projects were utilized in
the calculation of the average cost per lane mile figure that is utilized in the update of the
impact fee equation for Collier County.
ROW Cost
The ROW cost was developed based on a review of four different methods for calculating
ROW cost per lane mile. These methods are listed below and a detailed documentation for
each is presented in Tables C-4 through C-7 respectively.
1. TOA Indexing - This method used a ten-year historical trend for just land values
(land component) and FDOT price index (non-land component) to index the 2002
ROW cost per lane mile of $1.250,000. The ROW cost includes two components.
the land component accounts for 75 percent of the cost and the non-land (appraisal
fees, attorney fees, condemnation etc.) component of25 percent. This results in a
cost per lane mile for FY 2005/2006 of$1 ,751,790. Table C-4 presents the
indexing rates and calculations used to calculate this figure.
') County Indexing - This method used annual increases in just land values (land
component) and FDOT price index (non-land component) to index the 2002 ROW
cost per lane mile of$1.250,000. The ROW cost includes two components, the
land component accounts for 75 percent of the cost and the non-land (appraisal
fees, attorney fees, condemnation etc.) component of25 percent. As shown in
Table C-5, the indexed FY 2005/2006 figure is the result of inflating the FY
2004/2005 of$1,530, 641 figure by 22.3 percent based on the property appraiser's
Tindale-Oliver & Associates, Inc.
April 2006
C-1
Collier County
Transporlation Impact Fee
Agenda Item t-Jo. 8E
,Ll,pril 25, 2006
Page 41 of 87
reported 2005 property values. This results in a cost per lane mile for FY 2005/2006
of$1,874,974.
3. County Historical ROW Projects - This method used ROW costs for six projects
completed within the past five years and inflated these costs to 2005 values using
the annual percent increase in just values. These figures included accounting for
cash equivalents for impact fee credits. The result of this analysis shows an average
ROW cost per lane mile of $] ,644,] 08. Table C-6 presents the methodology used
to develop this figure. It should be noted that the lane miles used in these
calculations is based on the total project length which tends to be longer than the
length of the portion for which ROW was acquired. This suggests a conservative
approach.
4. County Adjusted ROW Cost based on Land Acquisitions - This method is based on
ROW land acquisitions for six projects (3 recently bid, 2 completed, and one future
crp project). The total acres ofland acquired as a ratio ofthe total acres required
for the lane widening project was calculated. This ratio was used to adjust the lane
miles of ROW needed and a ROW cost per lane mile for land acquisition was
calculated. The average ROW cost per lane mile excluding the Golden Gate
Parh\'ay project (ROW costs were atypical) was $2,378.415. Table C-7 presents
this figure.
Based on a complete revie\v of the four methods. it was determined that the TOA indexing
figure provides a conservative estimate of ROW costs in Collier County. The method is
based on indexing the ROW cost per lane mile figure of $1.250.000 (developed using a
detailed ROW analysis conducted in the 2002 Update study) and as shown in the other
three methods is consistent with CUlTent ROW acquisition cost per lane mile.
Interchange Cost
As discussed previously, the interchange cost is based on five (5) on-going and future
planned interchange/grade separation projects expected to be complete by 2030. This cost
was provided by the Collier County Transportation Planning Depmiment. Since this cost is
associated with adding capacity to the roadway and provides mobility suppOli to the
roadway network, a cost per lane mile was estimated. The total cost for the five
interchange projects is estimated at approximately $287.5 million. This figure was divided
Tindale-Oliver & Associates, Inc.
April 2006
C-2
Collier County
Transportation Impact Fee
Agenda Item No. 8E
April 25, 2006
Page 42 of 87
by the total lane miles being added (451.8) in the 2030 LR TP Financially Feasible
Constrained Plan and the 2006-2010 Collier County Capital Improvements Plan (149.3) for
a total of 60 1.1 lane miles. Table C -8 presents the calculations for the interchange cost per
lane mile of $478,316.
Carnrin2" Cost
The carrying costs were estimated as part of the cost for building a lane mile of roadway.
Impact fee credit calculations are based on full capacity of roads being available, which
results in higher credits. However, since the County needs to start building/expanding
roadways before they reach 100 percent capacity and because it takes six to eight years to
build a new road, this credit is overstated. The carrying cost accounts for this differential.
Tindale-Oliver & Associates, Inc.
April 2006
C-3
Collier County
Transportation Impact Fee
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Agenda Item No. BE
April 25, 2006
Page 52 of 87
APPENDIX D
Credit Component Calculations
Agenda Item l\lo. 8E
April 25, 2006
Page 53 of 87
The Value of a Penny in Collier County
Currently, in addition to the capita] support that ultimately results from State Fue] Tax
revenues, Collier County also receives financial benefit from severa] other funding sources.
Of these, County fuel taxes are listed below, along with a few pertinent characteristics of
each.
1. Constitutional Fuel Tax (2~/gallon)
. Tax applies to every net gallon of motor and diesel fuel sold within a county.
Collected in accordance with Artic]e XII, Section 9 (c) of the Florida Constitution.
· The state allocated 80 percent of this tax to counties after first withholding amounts
pledged for debt service on bonds issued pursuant to provisions of the State
Constitution for road and bridge purposes.
· The 20 percent surplus can be used to suppOli the road construction program within
the county.
2. County Fuel Tax (l~/gallon)
· Tax applies to every net gallon of motor and diesel fuel sold within a county.
· Primary purpose of these funds is to help reduce a county's reliance on ad valorem
taxes.
· Proceeds are to be used for transportation-related expenses, including the reduction of
bond indebtness incurred for transportation purposes. Authorized uses include
acquisition of rights-of-way: the construction, reconstruction, operation. maintenance
and repair of transp0l1ation facilities. roads, bridges, bicycle paths. and pedestrian
pathways or the reduction of bond indebtedness incurred for transp0I1ation purposes.
3. 1S1 Local Option Tax (6c/gallon)
· Tax applies to every net gal]on of motor and diesel fuel sold within a county.
· Proceeds may be used to fund transp011ation expenditures.
· To accommodate state'wide equalization. all 6 cents are automatically levied on diesel
fuel in every county. regardless of whether a county is levying the tax on motor fuel
at all or at the maximum rate.
· Proceeds are distributed to a county and its municipalities according to distribution
factors deteI111ined at the local level by interloca] agreement.
Tindale-Oliver & Associates, Inc.
April 2006
0-1
Collier County
Transportation Impact Fee
Agenda Item No. BE
April 25, 2006
Page 54 of 87
4. 2nd Local Option Tax (5~/gallon)
. Tax applies to every net gallon of motor fuel sold within a county.
. Proceeds may be used to fund transportation expenditures needed to meet the
requirements of the capital improvements element of an adopted local government
comprehensive plan.
. Proceeds are distributed to a county and its municipalities according to distribution
factors determined at the local level by interlocal agreement.
5. Ninth-Cent Fuel Tax (l~/gallon)
. Tax is on every net gallon of motor fuel sold within a county.
. Proceeds may be used to fund transportation expenditures.
. To accommodate statewide equalization, this tax is automatically levied on diesel fuel
in every county, regardless of whether a county is levying the tax on motor fuel at all.
. Counties are not required to share the proceeds of this tax with their municipalities.
Each year, the Florida Legislative Committee on Intergovernmental Relations (LCIR)
produces a document, the Local Government Financial111formation Handbook, which
details the estimated local government revenues for the upcoming fiscal year. Included in
this document are the estimated distributions of the various fuel tax revenues for each
county in the state. Attached are two tables (Tab]es 0-1 through 0-2) that utilize
information from the LCIR for the 2004-05 and preliminary 2005-06 fiscal year. The
2004-05 data represent actual fuel tax distributions to Collier County for that paJiicu]ar
fiscal year, while the 2005-06 data reflect estimates only. In the tables, the fuel tax
revenue data are utilized to calculate the value per penny (per gallon offue]) that should
be used to estimate the "equivalent pennies" of other revenue sources, and the number of
pennies that should be applied to the credit variable in the impact fee calculation.
Tables 0-1 and D-2 shows the distribution per penny for each of the fuel levies, then, a
weighted average for the value ofa penny of fuel tax \vas calculated. A weighting
procedure was used to calculate the mean to account for the varying levies per gallon of
the fuel taxes. The weighed average figure of approximately $1.5 million is used in the
value per penny calculations.
Tindale-Oliver & Associates, Inc.
April 2006
D-2
Collier County
TronsportalionlmpactFee
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Agenda Item t-Jo. BE
April 25, 2006
Page 57 of 87
Gas Tax Credit
County Portion
A review of the County's 2005/2006 - 2009/2010 CIP and its funding sources reveals that
the capacity expansion projects in the CIP are built with ad valorem, gas tax, bond, and
impact fee revenues. As sho\\<TI in Table 0-5, the county will use all of their gas tax
revenues to fund capacity expansion projects. This includes debt service on existing bonds
(2003 and 2005 Gas Tax Revenue Bonds) that financed capacity expansion projects and
direct gas tax revenue funds dedicated to future capacity expansion projects. As such,
credit is given for 13.3 pennies of gas tax revenues allocated annually to the County. Table
0-3 below presents the total pennies of gas tax revenues allocated to Collier County.
Table D-3
Count)' Equivalent Pennies
Gas Tax Credits Pennies
Constitutional Fuel Tax $0.020
County Fuel Tax $0.010
1 st Local Option Gas Tax $0.051
2nd Local Option Gas Tax $0.042
Ninth-Cent Fuel Tax $0.010
Total $0.133
State Portion
In the calculation of the equivalent pennies of gas tax from the State, the FOOT Work
Program was reviewed for capacity expansion projects in Collier County for the 15-year
period fi"om 1996 to 2010. The five years of "future" roadway projects from the currently
adopted 2006-20] 0 \Vork Program indicates a total state expenditure of over S] ] 4.1
million for capacity-adding projects in the County. On an annual basis, this level of
expenditure is equivalent to ] 4.7 pennies of gas tax revenue. Comparatively, the total cost
of the capacity-adding projects for the five-year "historical" period from 200] to 2005
equates to ] 1.6 pennies and that for the period hom 1996 to 2000 equates to ] 0.7 pennies.
The combined weighed average over the] 5-year total of state expenditures in the County
for capacity-adding roadvv'ay projects results in a total equivalency of] 2.3 pennies. Table
0-4 documents this calculation.
Tindale-Oliver & Associates, Inc.
April 2006
0-5
Collier County
Transportation Impact Fee
Agenda Item No. 8E
April 25, 2006
Page 58 of 87
Table D-4
Equivalent Penny Calculation for State Portion
Number Revenue Equivalent
Cost of Projects of Years from 1 Pennies
penny
Future Work Program (2006-2010)(1) $114,1 10,580 5 $1.549,458 $0.147
Historical Work Program (2001-2005)(2) $89,508,348 5 $1,549.458 $0.116
Historical Work Program (1996-2000)(3) $83,030.463 5 $1,549.458 $0.107
$286,649,391 15 $1,549,458 $0.123
(1) Table D-8, Total Cost of Expansion Projects
(2) Table D-7, Total Cost of Expansion Projects
(3) Table D-6, Total Cost of Expansion Projects
The specific State projects that were utilized in the equivalent penny calculations are
summarized in Tables 0-6 through 0-8. It should be noted that projects on 1-75 are not
included since travel on these roads are excluded from the cost calculations and the impact
fee equation. The exceptions are the two interchanges located at 1-75/Golden Gate
Parkway and I -75/CR 95 I/Oavis Boulevard. Since the cost of these interchanges is
included, the pOliion ofthe expenditures during the 15-year credit period is included in the
credit calculations.
Tindale-O/iver & Associates, Inc.
April 2006
0-6
Collier County
Transportation Impact Fee
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Agenda Item No. BE
April 25, 2006
Page 65 of 87
APPENDIX E
Ad Valorem Credit Calculations
Agenda Item No. 8E
April 25, 2006
Page 66 of 87
This Appendix presents the calculations used to determine the credit due to ad valorem tax
revenues being used to fund capacity expansion projects. The following sections provide
an explanation of credit calculations.
Residential Land Uses
In determining the I-mil credit for residential land uses, the study evaluated the 2004 single
family home sales and determined the market value of a new home. This process involved
some adjustments to the size and unit price of homes to account for outlying values. More
specifically, the following adjustments were made:
. Home sales data for 2004 indicated that the sizes of homes sold in 2004 ranged
from 440 square foot to 9,942 square feet. The Consultant used this range that
provided an average home size of 2,608 square feet.
. According to the 2004 homes sales recorded by the Property Appraiser, the home
value per square foot ranged from $7 to $] ,209. The Consultant used a range from
$75 per square foot to $956 per square foot, with an average of $156.78 per square
foot.
. The multiplication of the average size by the average price resulted in an average
market price of approximately $409,000 per home.
It should be noted that the ad valorem revenues used toward transportation capital projects
is a fixed amount and not a percentage of the County's ad valorem revenues. As presented
previously, over the next five years and beyond, this amount \vill be limited to $13.8
million per year. Table E-] presents the projected ad valorem contributions of a new home
over a 25-year period, beginning with the 2005 market price of $409,000. Given that the
dollar amount that goes to transportation projects is not going to increase, the pOliion of the
ad valorem taxes paid by a new home that are used for transpOliation capacity projects will
be declining. This decline will be more significant as taxable property values increase.
Under the homestead exemption rule, the annual increase of the taxable value of a home is
limited to three percent until it is sold. The percent decrease in the annual tax payments of
a new home is calculated as the difference between the home value increase (3 percent) and
the overall taxable property value increase (] 6 percent). The resulting] -mil taxes are
brought to present value based on an interest rate offive percent, which is consistent with
the interest rate at which the County currently borrows. Table E-] also provides the pOliion
Tindale-Oliver & Associates, Inc.
April 2006
E-1
Collier County
Transportation Impact Fee
Agenda Item No. 8E
April 25. 2006
Page 67 of 87
of the ] -mil collections that would be used toward transportation capital expansion projects
and the total credit per square foot.
Table E-I
I-Mil Credit Calculation for Single Family Home Land Use
(Based on Market Value)
Revenues generated from I-mil(])
Annual ad valorem revenue that goes to transp capacit/c)
Average home pricer])
Annual increase in countywide taxable vaJues(4)
Annual allowed increase in taxabJe home va1ues(5)
}.Jet increase(6)
$61.441.822
$13,752,580
$409,000
16.00%
3%
13.00%
Percentage of Millage Used for TranspOltation Capacity Addition Projects(7)
22%
Value Value Used Ad Valorem Present
Year Taxable Market fOJ' Credit I-Mil TaxIS) for T,'ansportation(9) Value(IO)
2005 $409.000 S409.000 S409.000 S.+09 $90 $86
2006 $80 $72
2007 $70 $61
2008 $62 $51
2009 S55 $43
20J() $49 $36
2011 $'+3 $31
20121 S3S $26
2013 $34 $22
2014 $30 $]8
2015 $27 S16
2016 S23 S13
2017 S2] $11
2018 $]S 59
2019 $16 $8
2020 $1.+ $7
2021 $13 $6
2022 SII $5
2()2~ S10 $.:1-
202.+ $9 53
2025 $S S3
2026 $7 $2
2027 $6 $2
2028 $5 $2
2029 $5 $1
2030 $4 $1
$750 $539
Square footage(] I) 2.608
Credit per square foot $0.21
Interest Rate(\C) 5~~
Period 15
Tindale-Oliver & Associates, Inc.
April 2006
E-2
Collier County
Transportation Impact Fee
Agenda Item No. 8E
April 25, 2006
Page 68 of 87
(1) Source: Table D-5, Item (c).
(2) Source: Table D-5, Item (b)
(3) The 2005 taxable value is determined as explained on page E-] of this report.
(4) Average increase in total just values between ]999 and 2005 in Collier County.
(5) Permitted rate of annual increase in taxable value of homes under the homestead exemption rule.
(6) Annual increase in countywide taxable value (Item 4) less annual allowed increase in taxable home
values (Item 5).
(7) Source: Table D-5, Item (d)
(8) Average home value (Item 3) divided by 1,000.
(9) I-mil tax (Item 8) multiplied by the percentage dedicated to transportation capital additions (hem 7).
This amount is reduced by 13 percent (ltem 6) annually to account for the fact that the portion that is used
toward transportation capacity expansion projects will be decreasing.
(10) Present value ofthe ad valorem for transportation (Hem 9) based on an annual interest rate of 5 percent
(Hem 11).
(11 ) Average size of a home based on 2004 sales.
(12) Assumed, and also consistent with the interest rate for the 2005 Gas Tax Revenue Bonds.
To determine the credit for other residential uses (with the exception of multi-family), ad
valorem credit per square foot is calculated based on the above table ($0.21 per square foot)
and multiplied by the average size of each category. The average size is detennined based
on home size infonnation obtained from the Property Appraiser's database and from
building permits.
Because multi-family residential land use does not typically enjoy homestead exemption, it
is calculated based on average unit price and the increase in the taxable value of
commercial properties in relation to changes in the taxable value of all propel1y
countywide.
Tindale-Oliver & Associates, Inc.
April 2006
E-3
Collier County
Transportation Impact Fee
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Agenda Item 1\10. SE
April 25, 2006
Page 72 of 87
APPENDIX F
Proposed Collier County Transportation Impact Fee Schedule
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Agenda Item No. BE
April 25, 2006
Page 76 of 87
APPENDIX G
Indexing Calculations
,t.,oenda Item No. BE
~ April 25, 2006
Page 77 of 87
COST COMPONENT
Land Cost
As shoVl'I1 in Table G-1, the just property values for Collier County increased over the
past ten years by approximately 15.4 percent between 1996 and 2005.
Table G-l
Collier County Property Value Increase (I)
Collier County Percent
Just Land
Year Values(l) Change
1996 $21.751.280.540 N/A
1997 $23,436.330.545 7.7%
1998 $25.777.151.470 10.0%
1999 $29.830.939.079 15.7%
2000 $33.902.799.963 13.6%
2001 $41.333.321.441 21.9%
2002 $49.671.844.946 20.2%
2003 $57.761.717,617 16.3%
2004 S64.236.986.5 ] 8 11.2%
2005 $78.260.241.235 21.8%
A vcrage 15.38%)
Source: Collier County PrOpeJ1y Appraiser's Office
FDOT Project Cost
The Florida OepaJ1ment of Transp0l1ation (FOOT) provides historical inflation rates for
transportation project costs, which are presented in Table G-2. These inflation rates are
used for the design, CEl. utilities. mitigation, interchange. carrying cost, and construction
components of the transp0l1ation impact fee indexing. As shO\\11 in the table, over the
past three years the average annual index is 4. I percent. Although in most indexing
calculations for Collier County it is recommended to use a I a-year average. given the
recent increases in construction cost and the fact these increases are not fully reflected in
the FDOT Price Index, a sh0l1er three-year period is found to be more appropriate. As
mentioned previously, the County may consider conducting a separate analysis to
detenlline the increase in local construction costs. In the absence of such a study, the
index calculated in this section provides a conservative estimate.
Tindale-Oliver & Associates, Inc.
April 2006
G-1
Collier County
Transportation Impact Fee
Agenda Item No. BE
April 25, 2006
Page 78 of 87
Table G-2
FDOT Project Cost Inflation Index (1)
Inflation
Fiscal Year Rate
2003 2.7%
2004 2.2%
2005 7.3%
Annual Average 4.1%
(1) Source: FDOT Office of Policy
Planning, March 2005
Application
As presented in Table G-3, of the weighted average total cost per lane mile, 72.2 percent
is for Design, CEI, Utilities, Interchange, Carrying Cost, Construction and Mitigation, 7.0
percent if for the administrative/non-land component of the ROW cost and 20.9 percent is
for land component of the ROW cost.
Table G-3
Distribution of Capital Costs (1)
Design, CEI, Utilities, ROW(2)
Mitigation,
Construction, Interest, AdministJ"ative
Item Interchan<Te (J) Land Cost Cost Total
...
Cost Per Lane Mile $4.548.458 $1.313.842 $437.948 $6.300.248
Percent of Total 72.2'1.. 20.9% 7.0% 100%
(1) Source: Table 2-4
(2) Source: Table 2-4, the land cost component is 75 percent of the total ROW cost and the administrative
component is 25 percent. Total ROW cost is $1. 751, 790.
As shown in Table G-4, applying these percentages to the average cost increases
presented previously would provide a combined index of 6.5 percent, which then can be
applied to the cost component for all land uses presented in the transpOliation impact fee
schedule.
Tindale-Oliver & Associates, Inc.
April 2006
G-2
Collier County
TransponaUonlmpactFee
fI.genda Item No. 8E
April 25, 2006
Page 79 of 87
Table G-4
Indexing Application
Percent of
Cost Component Annual Increase(1) T otal(11 Index(J)
ROW (Land Cost) 154% 20.9% 3.2%
ROW (Administrative Cost) 4,1% 7,0% 0.3%
Design. CEI. Utilities, Mitigation. Construction. Carrying. Interchange 4, lOA, 72.2~o 3.0%
Total 6.5%
(1) Source: Table G-1 for ROW Land Cost and Table G-2 for ROW Administrative Cost,
Design, CEI, Utilities, Mitigation, Construction, Carrying Cost, and Interchange.
(2) Source: Table G-3
(3) Annual increase (Item 1) multiplied by the percent of total (Item 2).
With this index, the cost per lane mile of $6,300,248 would increase to $6,709,764
($6,300,248 x 1.065) at the end of first year after adoption and implementation of the
updated fee schedule. This revised cost then would change all fees within the fee
schedule accordingly (e.g., the fee for single family home between 1,500 and 2,499
square feet would increase from $8,884 to $9,604 ifno other components of the fee were
to change).
Tinda/e-Oliver & Associates, Inc.
April 2006
G-3
Collier County
Transportation Impact Fee
Agenda Item No. 8E
April 25, 2006
Page 80 of 87
APPENDIX H
Legal Basis
i\qenda Item No. BE
- April 25, 2006
Page 81 of 87
Legal Basis
As new development occurs, local governments must expand the inventory of
government facilities and lands needed to provide essential governmental services to that
development, including transportation facilities. The authority for Florida counties to
adopt and collect impact fees in order to address these "growth-necessitated" costs is
well-established. St. Johns County v. Northeast Florida Builders Association, 583 So. 2d
635,638 (Fla. 1991) ("The use of impact fees has become an accepted method of paying
for public improvements that must be constructed to serve new growth.") (citing Home
Builders & Contractors Ass'n. v. Palm Beach Cty., 446 So.2d 140 (Fla. 4th DCA 1984);
Hollywood, Inc. v. Broward County, 431 So.2d 606 (Fla. 4th DCA 1983)). The Local
Government Comprehensive Planning and Land Development Regulations Act
specifically "encourage(s] the use of innovative land development regulations which
include provisions such as ... impact fees..". See ~163.3202(3), Fla. Stat.3; see also
Home Builders & Contractors Ass'n., 446 So.2d 140. The use of impact fees to recoup
the costs of new transportation facilities necessitated by new growth \vas upheld in the
1983 case of Home Builders & Contractors Ass'n. v. Palm Beach Cty., and road impact
fee are used routinely by cities and counties throughout Florida.
Dual Rational Nexus Test
Although the fees at issue were described as "user fees:' the case of Contractors &
Builders Ass'n of Pine lias County v. Dunedin provided the initial guidance as to \vhat
constitutes a defensible "impact fee" under Florida law. 329 So.2d 314 (Fla. 1976). In
Dunedin, the Florida Supreme Court found, first. that ..the cost of new facilities should be
bome by new users to the extent new use requires nev, facilities, but only to that extent."
rd. at 321. Fifteen years later, the Florida Supreme Court once again took up the issue of
impact fees, and expressly set forth the "dual rational nexus test"' as the constitutional
standard against which impact fees \vould be imposed in Florida. 583 So.2d at 637. The
Court stated the test as follows: "... the local government must demonstrate a reasonable
connection. or rational nexus, between the need for additional capital facilities and the
gro\\th in population generated by the subdivision. In addition, the government must
show a reasonable connection, or rational nexus. between the expenditures of the funds
collected and the benefits accruing to the subdivision:' rd. at 637 (emphasis added)
(quoting Hollywood, Inc. 431 So. 2d at 611-12). Although the principles set f0l1h in
Florida's rather extensive body of case law provide guidance to road impact fee
3 The 2006 Florida Legislature is considering the adoption of a new "Impact Fee Act," which, if adopted
would be effective July I. 2006.
Tindale-Oliver & Associates, Inc.
April 2006
H-1
Collier County
Transportation Impact Fee
Agenda Item No. SE
April 25, 2006
Page 82 of 87
programs, the Fourth District Court of Appeal expressly applied the dual rational nexus
standard to road impact fees in the Palm Beach County case. 446 So. 2d 140, 145; see
also, Broward County v. Janis Development Corp., 3] 1 So. 2d 37] (Fla. 4th DCA 1975).
In Palm Beach County, the Fourth DCA upheld the authority of non-charter counties, like
Collier County, to impose road impact fees that amounted to a valid regulatory fee and
not a tax. 446 So. 2d at ] 43. In that case, the plaintiff argued that since "anyone can
drive a vehicle over any of[the roads built with impact fees], there is too great a disparity
between those who pay and those who receive the benefit, making the charge in reality a
tax..." Id. The Court rejected this argument, finding that "benefit accruing to the
community generally does not adversely affect the validity of a development regulation
ordinance as long as the fee does not exceed the cost of the improvements required by the
new development and the improvements adequately benefit the development which is the
source of the fee." Id. at ]43-44 (citing Hollywood, Inc., 43] So. 2d 606). The Court
ultimately found the County's fee to be an authorized fee and not a tax, based in part on
the fact that the costs of constructing new roads exceeded the fees imposed by ordinance
and the ordinance allowed independent fee calculations to demonstrate that a particular
land use had an impact on roads different than the ordinance assumed. Id. at ]45. The
Court similarly rejected the plaintiffs assertion that equal protection had been denied
those paying impact fees, because most of the municipalities in Palm Beach County had
"opted-out" oftbe County's fee. Id. at ] 44.
In order to demonstrate compliance witb the dual rational nexus test, Collier County bas
had prepared this methodological study, which recommends an updated road impact fee
schedule by proposed residential and nonresidential land uses. If adopted by the County
Commission, tbe scbedule would be implemented through the County's existing
Consolidated Impact Fee Ordinance, \.vhich provides for the collection, accounting, and
expenditure of impact fees so as to ensure a "substantial benefit" to new development tbat
pays road impact fees.
Tindale-Oliver & Associates, Inc.
April 2006
H-2
Collier County
Transportation Impact Fee
Agenda Item No. BE
April 25,2006
Page 83 of 87
ORDINANCE NO. 2006-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING SCHEDULE ONE OF
APPENDIX A OF CHAPTER 74 OF THE COILIER COUNTY CODE OF LAWS
AND ORDINANCES, 'IHAT ORDINANCE BEING THE COILIER COUNfY
CONSOLIDATED IMPACT FEE ORDINANCE, NO. 2001-13, AS AMENDED,
PROVIDING FOR THE INCORPORATION, BY REFERENCE, OF THE
IMPACT FEE STUDY ENTIlLED "COILIER COUNTY TRANSPORTATION
IMPACT FEE UPDATE STUDY,"; AMENDING THE ROAD IMPACT FEE
RATE SCHEDULE, AS SET FORTH IN THE IMPACf FEE UPDATE STUDY;
UPDATING THE ANNUAL MID-CYCLE INDEXING FOR THE ROAD
IMPACf FEE RATES; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR A DELAYED EFFECTIVE DATE OF
JUNE 30, 2006.
WHEREAS, on March 13, 2001, the Board of County Commissioners (Board) adopted
Ordinance No. 2001-13, the Collier County Consolidated Impact Fee Ordinance, repealing and
superseding all of the County's then existing impact fee regulations, and consolidating all of the
County's impact fee regulations into that one Ordinance, codified in Chapter 74 of the Collier
County Code of Laws and Ordinances (the "Code'); and
WHEREAS, on October 8, 2002, the Board adopted Resolution No. 2002-423 amending
Schedule One of Appendix A of Chapter 74 of the Code, as amended, thereby establishing the
County's then applicable Road Impact Fee rates; and
WHEREAS, pursuant to Section 74-302(g) of the Code, the Road Impact Fee rates have
been indexed in accordance with the prescribed methodology, thereby establishing the rates that
are currently in effect; and
\\'HEREAS, as Section 74-502 of the Code states that impact fee studies should be
reviewed at least every three years, the County retained Tindale-Oliv:::r and Associates,
lncorporated (the "Consultant'), to review the existing Road Impact Fees and recommend changes
to the fees where appropriate; and
WHEREAS, the Consultant has prepared an impact fee study, entitled "Collier County
Transportation Impact Fee Update Study," dated April 2006 (the "Studi'); and
WHEREAS, Collier County uses impact fees to supplement the funding of necessary
capital improvements required to provide public facilities to serve new population and related
development that is necessitated by growth in Collier County; and
WHEREAS, the Study recommends changes to tbe Road Impact Fee rate schedule, as set
forth in Schedule One of Appendix "A" of Chapter 74 of the Collier County Code of Laws and
Ordinances; and
WHEREAS, the Study also recommends establishing the proposed impact fee rates in order
to more equitably distribute the costs of acquiring and constructing public facilities based upon a
rational nexus relating costs incurred by fee payers to infrastructure impacts created by commercial
and residential land uses; and
WHEREAS, the Consultant has reviewed and updated fee calculation and indexing
methodologies that will be imposed in an equitable and non-discriminatory manner; and
~ text i, added; Ewe!< Iltr..glI teJ..~ is deleted
,A,genda Item No. 8E
April 25, 2006
Page 84 of 87
WHEREAS, staff has thoroughly reviewed the calculations and findings, concurs with the
recommended changes to the Road Impact Fee ratescbedule, and recommends that the Board of
County Commissioners adopt this Ordinance to implement the recommended changes.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLUER COUNTY, FLORIDA, that:
SECTION ONE. Article 1, General, Section 74-106, Adoption of impact fee studies, of the Collier
County Code of Laws and Ordinances is hereby amended to read as follows:
Section 74-106.
Adoption of impact fee studies.
"'**
(1) Transportationfacilities: "Cellilft" Caumy TraRSflort&tiea Impaet Fee 1991 t..'lf:ldate
Studi' sated .f.pru 1992 pfepaFed BY TiBBale OliYIft" &. :\sseeiates, me., as
sllppllffl3:eRtea. BY Cellilft" Celmty 1999 TFilRllflartatioa impaet Fee Uflaete Study
(laRtiaT)' 14, 29QQ)" prepBreQ"by TifulaJe OW/1ft" & ."'.ssaeiates, me.; "Collier County
Transoortation ImDact Fee Update Study," oreoared bv Tindale-Oliver and
Associates, Incorporated (April 2006)
***
SECTION TWO. Article ill, Special Requirements for Specific Types of Impact Fees, Section
74-302, Special requirements for road impact fee, of the Collier County Code of Laws and
Ordinances is hereby amended to read as follows:
Section 74-302,
Special requirements for road impact fee.
***
(g) Annual mid-cycle road impact fee rate indexing. Beginning November 1, 2002, the county
shall commence a three-year road impact fee update cycle pursuant to subsections 74-
20l(b) and 74-502(a) of this chapter. LB each of the tv,'o mid oy.ele yean; (between the
forma! three y.ear apdates) hegiImiBg On or about November l~ of each of the two
mid-years between updates, the county shall implement indexed adjustments to the cost
components of design ee!lt8, utilities. mitiQ;ation. interchange. carrying cost. construction
6e9tB, engineering. Bests and inspection aoeto, ~l!,!,!i and the non-land components of the
eest&-ef right-of-way acquisition costs &ased on inflatisR l"r~eetiol'lG oontained in the
Evaluation anc Updat~ e::Ja:i.: COSts fOf Impaot }\'flsesemea: (Reyised Sep'.ember 1, 2002)
pr6j'll:lf"ed fur Collier Celmty by Peet, Blieldey, 8ehuh and Jernigan, me. 9fI8 based on the
priee !:rends mae); prl1'larea ay the Florida Department of Transportation.!fi Offioe of
P18flll:ing. Price Trends Index based on the three-vear historical trend, weighted as 25
percent of the index. Mid eyele ac:ljusm3.eRte te the (lasts Elf rigW:s of 'Nay aeqwsitioR shal:!
bo 'l/oighted Of: rellews: 75 pereent from rea! pr-operty valHe ehangss as determined from
data eompiled BY the Collier C8unty Prell erty f4"praiser ati speeified 8018'1/ in this
subseeti0R and ~5 pereeat as determm.ed a)' SGst shan!;!) date. frElm the Florida Depamnern
0: Transportation's efnee of Planning as spBsifie-' al:love in thiG sHbseotieR. The inflation
rates for The index adiustment to the land ~ value component of rights-of-way
aoql:lisitiofl costs durin; the two mid year-s shall be based on the peroootage aean!;\< in JU5t
Values taking inte a012e1:lfit mid year ohaRges i:a ftlaJ prape::t)' '.'allies em aet tB1dng into
aoootmt ,"alae eluu:ges oaused by nO'N eonstruetion durin; the nlGp60tiYE mid J'ela!'
adjustment penea, at! cletexmined ten-year historical trend in total iust values for all
proPerty as updated annually by the Collier County Property Appraiser, weighted as 75
percent of the index. The annual increases in the total just value~ adjuetH1ent for all
property shall be capped at in lIB)' mid year adjl:lo(Jtmeet perla!! shall Bat Blessed 25 percent
for any given year included in the average. The aJ.leeatiElR f13F.l'ftl:tla saail Be ae tR0R
Sj'leeified. iB tee adminietrative flfeSeGarBS manual. Mid-cycle indexed rate change
adjustments shall be adopted by a resolution of the board pursuant to subsection 74-210(b)
of this chapter.
~ text i. ad<led; Ewal, 1MeYgll text i. <leleted
Page 2 00
Agenda Item No. 8E
April 25, 2006
Page 85 of 87
SECIlON THREE. CONFLICf AND SEVERABIUI'Y.
In the event this Ordirumce 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 portions.
SECflON FOUR. INCLUSION IN CODE OF LAWS AlIl'D ORDINANCES.
The provisions of this Ordinance shall be made a part of the Code of Laws and Ordinances
of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered and
internal cross-references amended throughout to accomplish such, and the word "ordinance" may
be changed to "section," "article," or any other appropriate word.
SECTION FIVE. EFFECTIVE DATE.
This Ordinance shall be effective June 3D, 2006, subject to filing with the Florida
Department of State.
PASSED AND DliLY ADOPTED by the Board of County Commissioners of Collier
County, Florida this _ day of . 2006.
ATTEST
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COlTh,'TY, FLORIDA
By:
By:
. Deputy Clerk
FRANK HALAS, Chairman
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
Assistant County Attorney
~ lcJtt is added; 8Wolr Ihoe1IIlo Iicxl iI deJ_
Pail" 3 ofS
APPENDIX A
Agenda Item No. 8E
April 25,2006
Page 86 of 87
SCHEDULE ONE: ROAD IMPACT FEE RATE SCHEDULE
Residential
Single Family Detached House
Less than 1,500 Sq. Ft.
(Annual HOUllehold Income S Poverty Level)
Less thaill,500 Sq.Ft.
{Annual Household Income s 50% of Collier
County Median Annual Household Income}
Less than 1,500 Sq. Ft.
1,500 to 2,499 Sq. Ft.
2,500 Sq.Ft. or larger
Multi-Family (1-2 Stories)
Multi-Family (3-9 Stories)
Multi-Family (Above 10 Stories
Assisted Living Facility (ALF)
CondominiumlTownhouse
Mobile Home
Retirement Community
High-Rise Condominium
Lodging
Hotel
Motel
Resort Hotel
RV Park
Recreation
Golf Course
Movie Theaters
Marina
lnstitutional
Hospital
Nursing Home
Church
Elementary School
Middle School
High School
Jr./Community College
University
Day Care
Office
Office 50,000Sq Ft or less
Office 50,001-100,000 Sq Ft or less
Office 100,001-200,000 Sq Ft or less
Office 200,001-400,000 Sq Ft or less
Office Greater than 400,000 Sq Ft
Medical Office
Rate
$l,977.QO
$3,471.QQ
$4,4&9.00
$5,9&S.00
$7,062.00
$4,437,{;IO
$4,4B4.00
S2,&2&.OQ
~
$3,731.00
S2,891.QO
S2,SQ9.OO
$2,662.00
$1,334.0Q
$2,209.00
$3,81 H)O
$2,626.00
$2.637.00/Dwelling Unit
$3,757.00IDwelling Unit
$6,3S9.00/Dwelling Unit
$8.884.00/Dwelling Unit
$9,884.00IDwelling Unit
$6,21 O.OOlDwelling Unit
$6.338.00IDwelling Unit
$3.820.00/Dwe1ling Unit
$796.00IDwelling Unit
$6.0S9.00/Dwelling Unit
$4, t 34.001Dwelling Unit
$2.246.00IDweIling Unit
$4.232.00/Dwelling Unit
$5,987.00lPer Room
$3.828.00IPer Room
$5.256.00IPer Room
$3.300.00fDwel1iHg Unit Site
$~86,046.00 $804.466.00/1 8 Holes
S:2/i,195.00 $42.389.00IPer Screen
~2,123.00 S3.580.00/Boat Berth
S:9,26g,OO
~
S5,401.00
~
~
$1,(138.00
~
S:1,156,QO
~
$9,729.00
$8,28 H)Q
$7,053.00
$6,006.00
$5,4€7.00
:;17,917.00
$14.198.00/1000 Sq. Ft.
$1.146.00IPer Bcd
$8.022.00/1000 Sq. Ft.
S857.00/Per Student
S1.188.001Per Student
$ L342.00IPer Student
$1.302.00IPer Student
$2.71 G.OO/Per Student
$950.00/Per Student
$15.478.00/1 000 Sq. Ft.
$13,122.00/1000 Sq. Ft.
$lLl 13.00/1000 Sq. Ft.
$9.411.00/1000 Sq. Ft.
$8.523.00/1000 Sq. Ft.
$36.689.00/1000 Sq. Ft.
~ te.xl i. added; &....1, ilIreogll text i. deleted
Psse 4 of5
ReWl
Specialty Retail
Retai150,OOOSq Ft. or less
Retail 50,001-1 OO,OOOSq Ft
Retaill00,OOI-150,000Sq Ft
Retail 150,001-200,OOOSq Ft
RetaiI200,001-400,000Sq Ft
RetaiI400,001-600,000Sq Ft
Retail600,001-1,000,000Sq Ft
Retail greater than 1,000,OooSq Ft
Pharmacy/Drug Store wlDrive- Thru
Home Improvement Superstore
Restaurant: High Turnover
Restaurant: Low Turnover
Restaurant: Drive-in
Gasoline/Service Station
Sup=arket
Quick Lube
Convenience Store
Convenience Store w/Gas Pumps
CaW/emeBBe Stere/Gas/Pam Peed
Services
Allte Repail:/Bes)' Shep
Tire Store
NewfUsed Auto Sales
Luxury Auto Sales
Bank/Savings: Walk-in
Bank/Savings: Drive-in
Car Wash
Industrial and Agricultural
General Industrial
Business Park (Flex-space)
Mini - W arebouse
Agenda Item No. BE
April 25, 2006
Page 87 of 87
$15,200.00 $21.987.00/1000 Sq. Ft.
&;8,585.00 $13.953.00/1000 Sq. Ft.
&;9,681.00 $13.198.00/1000 Sq. Ft.
$9,827.00 $12.711.00/1000 Sq. Ft.
SI0,100.00 $12.633.00/1000 Sq. Ft.
$11,233.00 $11.716.00/1000 Sq. Ft.
$11.78UlQ $12.712.00/1000 Sq. Ft.
$l2,:nO.Oo $13.576.00/1000 Sq. Ft.
U2,490.00 $16.583.00/1000 Sq. Ft.
$9,OB.00 $13.308.00/1000 Sq. Ft.
$10,748.00 $13.216.00/1000 Sq. Ft.
$26,596.00 $55.735.00/1000 Sq. Ft.
$23,291.00 $44.864.00/1000 Sq. Ft.
$54,273.00 $131.915.0011000 Sq. Ft.
$6,219.00 $7.549.00iJler Fuel_Position
$11,144.00 $16.741.00/1000 Sq. Ft.
$11,396.00 $13.486.00iJler Bay
$30,798JI0 $89.943.00/1000 Sq. Ft.
U8,323.oo $37.575.00iJler Fuel.Pasn.
$:!1,987.00/ I (lOG SEl. R
$11,088.00/ Hl9G SIl:. P-t.
&;8,150.00 $10.058.00iJler Bay
$19,948.00 $25.935.0011000 Sq. Ft.
$13.817.00
$Hi,821.00 $42.700.00/1000 Sq. Ft.
:;;28,199.00 $83.690.00/1000 Sq. Ft.
:;;25,069.00 $33.906.00IPer Bay
$5,eOCl.OO $7.075.00/1000 Sq. Ft.
$1 G,S:20.0Q $12.996.00/1000 Sq. Ft.
Sl.?99.00 $1.365.0011000 Sq. Ft.
~ l<:xt i. added; ~1iPU.ll _gh text is deleted
Page 5 DfS
Agenda Item "lo. 91'.
April 25, 2006
Page 1 of 27
EXECUTIVE SUMMARY
APPOINTlv1ENT OFMEMBER(S) TO THE BA YSHOR,E/GA TEW A Y TRIANGLE LOCAL
REDEVELOPMENT ADVISORY BOARD
OBJECTIVE: To appoint 4 members; 3 to 2-year terms expiring on May 22, 2008 and 1 to
fulfill the remainder of a vacant term expiring on May 22, 2007, to the Bayshore/Gateway
Triangle Local Redevelopment Advisory Board.
--
CONSIDERATIONS: The Bayshore/Gateway Triangle Local Redevelopment Advisory
Board was created by Resolution 2001-98 on March 27, 2001 to review the Redevelopment
Plan, to make recommendations to the Community Redevelopment Agency, to receive input
from members of the public interested in their respective component areas and to report such
information to the Community Redevelopment Agency. Resumes will be accepted from all
interested parties, including Bayshore residents, Gateway Triangle residents, Bayshore business
owners, Tamiami Trail (US41) business owners, Davis Boulevard (SR84) business owners,
Bayshore MSTU representatives, and at large representatives who reside or engage in business or
both in the Bayshore/Gateway Triangle Component Redevelopment Area. A person who
"engages in business" means an individual owning real property or a business, practicing a
profession or performing a service for compensation or serving as an officer or director of a
corporation or other business entity so engaged. Consideration will be given to appointing
members that have experience in the fo !lowing professions: finance, banking, architecture,
engineering, education, law enforcement, social work, real estate sales and development,
planning or design and building construction. Terms are 2 years. A list of the current
membership is included in the backup.
Mr. Michael P. Valentine resigned his position on March 7, 2006 and the tel111S for Karen L.
Beatty, Chuck Gunther and William C. Mears will expire on May 22, 2006. A press release was
issued and resumes were received from the following 8 interested citizens:
APPLICANT
CATEGORY
DlST ELECTOR ADV. COMM.
Tatiana Toledo At-Large 3 Yes None
Karen L. Beatty-rcappt Bayshore Resident 4 Yes I Bayshore/Gate\vay Triangle
Bruce S. Preble At-Large 4 Yes None
Sharon D. King - WITHDREW Bayshore Resident 4 Yes '\Jone
Charles H. Gunther - rcappt Gateway Resident I Yes Bayshore/Gateway Triangle
William Mears - rcappt At-Large 4 Yes Bayshore/Gateway Triangle
Raymond C. Pen-ine At-Large ~ Yes Bayshore Beautification Adv. Comm
-'
Lindsey James Thomas Davis Blvd Business 4 Yes None
COMMITTEE RECOMMENDATION:
Bill Mears, reappointment - At-Large - term expiring on May 22,2008
Karen Beatty, reappointment - Bayshore Resident - term expiring on May 22, 2008
.- Chuck Gunther, reappointment - Gate'vvay Resident - term expiring on May 22, 2008
Lindsey Thomas, new appt - Davis Boulevard Business Owner - term expiring May 22, 2007
Agenda Item No. 9A
April 25, 2006
Page 2 of 27
NOTE: 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)
of the same section, it is noted that "By a unanimous vote of the Commission, the limitations set
forth in subsection (B) above may be waived". According to available records, Mr. Chuck
Gunther and Mr. William C. Mears have both served 2 consecutive terms. Should the Board
wish to re-appoint Mr. Gunther and Mr. Mears, the limitations on two consecutive tern1S will
need to be waived.
FISCAL IMP ACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 4 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: APRIL 25, 2006
.-.
,4genda Item No, 9A
April 25. 2006
Page 3 of 27
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
9A
Appointment Of members to the Bayshore-Gateway Triangle Local Redevelopment Advisory
Board.
Meeting Date:
4/25/20069:0000 AM
Prepared By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
Bce Office
4110120064:22:15 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4111/2006 4 :26 PM
CRABoard
Commissioner
James N. Coletta
Commissioner
Fred W. Coyle
Commissioner
Donna Fiala
Chainnan
Commissioner
Frank Halas
Commissioner
Tom Henning
Advlsorv
Board
Bill Neal
Chainnan
Karen Beatty
Ron Fowle
Jd Garner
Chuck Gunther
Phil McCabe
Steve Main
William Mears
eRA Staff
David L. Jackson
Executive
Director
Agenda Item No. 9A
April 25. 2006
THE BAY S H 0 REI GAT E WAY T R I A N G L ERE D EVE LOP MEN TAR ~ge 4 of 27
COMMUNITY REDEVELOPMENT AGENCY
2408 L1NWOOD AVE SUITE \1 NAPLES, FL 34112 PHONE 239.643.\115 FAX 239.775.4456
April 5, 2005
MEMORANDUM
To: Collier County CRA Board
VIA: Ms Sue Filson
At the Bayshore Gateway Triangle CRA Local Advisory Board meeting on April 4, 2006, the
Board conducted applicant interviews in accordance with CRA Resolution No. 2001-98 and BCC
Resolution 2006-83.
There were eight applicants for four positions. Six applicants were interviewed. One
applicant withdrew her application before the interview, and one applicant could not attend the
interview and sent a letter via e-mail.
The Bayshore Gateway Triangle CRA Local Advisory Board recommends the following
applicants for the four positions:
Bill Mears (incumbent) - At-Large Category
Karen Beatty (incumbent) - Bayshore Resident Category
Chuck Gunther (incumbent) - Gateway Resident Category
Lindsey Thomas - Davis Blvd Business Owner Category (filling vacancy - Valentine resignation)
Applicants not selected by category:
At-Large Bayshore Resident
Pay Perrine (not present) Mike Preble
Mike Preble Sharon King (withdrew)
Tatiana Toledo
Gatewav Resident
None
Davis Blvd
None
Respectfully submitted for the CRA Local Advisory Board,
;2CJ- :t
David Jackson
Executive Director
THE BAYSHORE/GATEWAY TRIANGLE REDEVELOPMENT AREA
240B LINWOOD AVE, SUITE 7-UNIT 11 NAPLES. FL 34112
PHONE 239.643,1115 FACSIMILE 239.775,4456
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April 25. 2006
Page 6 of 27
filson_s
From: JacksonDavid
Sent: Tuesday, April 04, 2006 8:59 AM
To: Beatty; Fowle; Garner; Gunther; Main; McCabe; Mears; Neal
Cc: filson_s; student_m; KleinTamara
Subject: FW: CRAAB Application
Application withdrawl.
David Jackson
Executive Director
Bayshore Gateway eRA
643-1115
www.colliercra.com
From: King575441l@cs.com [mailto:King575441l@cs.com]
Sent: Monday, April 03, 20066:14 PM
To: JacksonDavid
Subject: CRAAS Application
David, I do not wish to pursue my application for the CRAAB at this time. I feel that Bill Mears (as long
as he is interested in continuing) is an asset to the board and do not wish to try and unseat him. I also
feel that Karen Beatty's
presence on the board is also an asset, and since I was the one who urged her to apply for the position,
I would like to see her continued involvement.
I hope that you will hold my application in the event that another place for which I am qualified
becomes vacant or available. Thank you for your assistance and cooperation on this matter. Please tell
everyone hello for me.
Thanks again, Sharon King
4/4/2006
Agenda Item No. 9A
April 25, 2006
Page 7 of 27
Bayshore/Gateway Triangle Local Redevelopment Advisory Board
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDaJe 2nd Term
Ms. Karen L. Beatty 261-2244 09121/04 OS/22/06 2 Years /
3113 Basin Street 775-5385
Naples, FL 34]]2
E-Mail:
District: 4
Category: Bayshore Resident
Mr. Chuck Gunther n4-6662 04/30/02 OS/22/04 2 Years /
2448 Bayside Street n4-8662 OS/25/04 OS/22/06 2 Years
Naples, FL 341]2
E-Mail:
District: ]
Category: Gateway ResidentlBusiness
Mr. William C. Mears 04/30/02 05/22/04 2 Years .,/
3804 Clipper Cove Drive n4-n47 OS/25/04 OS/22/06 2 Years
Naples. FL 34] 12
E-Mail:
District: 4
Category: Bayshore Resident/At Large
Mr. Bill L. Neal 05/22/01 OS/22/03 2 Years
3839 Clipper Lane n4~325 OS/24/05 OS/22/07 2 Years
Naples, FL 34112
E-Mail:
District: 4
Category: MSTU Member
Mr. Ronald A. Fowle n4-4400 06/26/0 I OS/22/03 2 Years
2595 E. Tamiami Trail OS/24/05 OS/22/07 2 Years
Naples, FL 34112
E-Mail: ronkybrie@aol.com
District: 1
Category: Tamiami Trail Business Owner
Wednesday, May 25, 2005
Page lof3
Aaenda Item No. 9A
~ April 25. 2006
Page 8 of 27
Bayshore/Gateway Triangle Local Redevelopment Advisory Board
Name Work Phone Appl'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Philip J. McCabe 263-0723 09/10/03 OS/22/05 2 Years
679 Fifth Avenue, S. 263-0723 OS/24/05 OS/22/07 2 Years
Naples, FL 34] 02
E-Mail: mccabe@naplesinn.com
District: 2
Category: At-Large S~\' ~
Mr. Michael P. Valentine rt' '1' alP 09/10/03 OS/22/05 2 Years
"), 732..{)n4
2408 Linwood A venue, Ste. 7 A 248-6981 OS/24/05 OS/22/07 2 Years
Naples, FL 34112
E-Mail: valprop2002@yahoo.com
District: 4
Category: Davis Boulevard Area
Mr. Rodney J. Garner 775-7637 01/11/05 OS/22/05 4mo.
3024 Round Table Court 643-1007 01/11/05 OS/22/07 2 Years
Naples, FL 34112
E-Mail:
District: I
Category: At-Large
Agenda Item No. 9A
April 25, 2006
Page 9 of 27
Bayshore/Gateway Triangle Local Redevelopment Advisory Board
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
On March 14, 2000 the Board of County Commissioners adopted Resolutions 2000-82 and
2000-83 establishing the Collier County Community Redevelopment Agency and identifying two
areas within unincorporated Collier County (BayshorelGateway Triangle and Immokalee) as
areas in need of redevelopment. In addition, Resolution 2000-83 authorized the creation of
local Advisory Boards by separate resolution to assist in the implementation of the
redevelopment plan. The eRA adopted Resolution 2001-98. which included a set of bylaws for
the BayshorelGateway local Redevelopment Advisory Board.
On 6/13/03 the CRA Board adopted Resolution 2003-217 revising the membership to add 2
members for a total of 9 members: 3 can be at-large in district.
FL STAT
Staff: David Jackson. CRA Executive Director: 643-1115
Wednesday, May 25,2005
Page] of]
..
Agenda Item t-Jo. 9A
April 25, 2006
.,. - Page 10 of 27
MEMORANDUM
FROM:
March 24, 2006
Elections Office \\); \
Sue Filson. Executive Manage~~ \
Board of County Commissioners
DATE:
TO:
RE:
V oter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for appointment
to one of the county's advisory committees. Please let me know if those listed below are
registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
BA YSHORE/GA TEW A Y TRIANGLE
COM:MISSION DISTRICT
T atiana Toledo
5860 Westport Lane
Naples, FL 34116
3
1
1
;)
I
~
Karen L. Beatty
3113 Basin Street
Naples, FL 34112
Bruce S. Preble
4703 Lighthouse Lane
Naples, FL 34112
Sharon D. King
3307 Captains Cove
Naples, FL 34112
Charles H. Gunther
2448 Bayside Street
Naples, FL 34112
William Mears
3804 Clipper Cove Drive
Naples, FL 34112
Raymond C. Perrine
162 Burnt Pine Drive '?--'
Naples, FL 34119 ( 971?
/,ll ' 1"\ '3
)../\/ ...
Lindsey James Thomas ?(j,
1925 Sixth Street South J lP
Naples, FL 34102 llt 0 l
./(}~~
(rS-' - (I()/~
103011/137
Thank you for your help.
3
~y
Agenda Item No. 9A
April 25, 2006
Page 11 of 27
C)C
,~qenda Item No. 9A
~ April 25, 2006
Page 12 of 27
MEMORANDUM
DATE: March 24, 2006
TO: David Jackson, Executive Director
Bayshore/Gateway Triangle CRA
FROM: Sue Filson, Executive Manager
Board of County Commissioners
RE: Bayshore/Gateway Triangle Local Redevelopment Advisory Board
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an application
for consideration. I have attached the applications received for your review as follows:
Tatiana Toledo
5860 Westport Lane
Naples, FL 34116
Karen L. Beatty
3113 Basin Street
Naples, FL 34112
Bruce S. Preble
4703 Lighthouse Lane
Naples, FL 34112
Sharon D. King
3307 Captains Cove
Naples, FL 34112
Charles H. Gunther
2448 Bayside Street
Naples, FL 34112
William Mears
3804 Clipper Cove Drive
Naples, FL 34112
Raymond C. Perrine
162 Burnt Pine Drive
Naples, FL 34119
Agenda Item No. 9A
April 25, 2006
Page 13 of 27
Lindsey James Thomas
1925 Sixth Street South
Naples, FL 34102
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 surrnnary for the Board's consideration.
Please include in your return memo the attendance records of the applicants recommended for
reappointment.
Please categorize tbe 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. 9A
April 25, 2006
Page 14 of 27
T Toledo application Bayshore CRA
Board of county commissioners
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8097
Fax: (239) 774-3602
Application for Advisory committees/Boards
Name:_Tatiana Toledo Home phone: 239/352-8879
Home Address:5860 westport Lane zip Code:34116
Fax No.239/352-8879 Business phone:239/370-0431 e-mail
address: tattoledo@aol.com
Bus;ness:Real Estate - Broker/Associate
Board or committee Applied for: Bayshore/Gateway Triangle
Local Redevelopment Advisory Board
cate~ory (if
appllcable):
Example: commission District, Developer, environmentalist,
lay person, etc.
Are you a registered voter in collier county: Yes
DO you currently hold public office? NO
If so, what is that
office?
DO you now serve, or have you ever served, on a collier
County board or committee? NO
If yes, please list the
committees/boards:
please list your community activities (civic clubs,
neighborhood associations, etc. and positions held:
page 1
.
e
4
Agenda Item No. 9A
April 25, 2006
Page 15 of 27
T Toledo application Bayshore CRA
Educat;on:2 years of college
Experience: My name is Tatiana Toledo. I have lived in
collier County for the last 12 years. I am familiar with
the Bayshore area,
I own commerical and residential properties in the
Bayshore area and have a family owned business that ;s
located on Bayshroe
Drive for over 25 years. Being a realtor for over 10
years has allowed me to understand what potential buyers
are looking
for and how important neighbors are for the success of
redevelopment. I believe that I can assist
the current board with the challenges they are facing.
please attach any additional information you feel
pertinent. This application should be forwarded to Sue
Filson, Executive Manager
to the Board of county commissioners, 3301 East Tam;ami
Trail, Naples, FL 34112. If you wish, please fax your
application to
(239)774-3602 or e-mail tosuefilson@colliergov.net. Thank
you for volunteering to serve the citizens of collier
County.
page 2
Board of County Commissioners
3301 East Tamiami Trail
" ,~-. " - :-"';aples, FL 34112
,_.' (239) 774-8097
Fax: (239) 774-3602
,,'. .1.)
Agenda Item No. 9A
April 25. 2006
Page 16 of 27
e
Application for Advisory Committees/Boards
kut.v\ L. B-l~~
Home Address:--3j \ ~ P..>a...61\ h Sf- \ Zip Code: 3 c.I: 1/"2-
Fax No.~/}'S'?J1' D Business Phone: e-mail address:_K llo~c.t.tt/Lf~(lbl'CUJ...v
Pla~ofEmploy.....t: Qo~"'~~~_ :&~(~
Board or Committ.. Applied foro 6 f ~w~ --r ;"<<-"t'- ! B 4 oS (,.,oy-~ Ctf.d 1M. II i ~ ~:J
Name:
Home Phone:
~~q
'11~' S3~5'
Category (if applicable):
Example: Commission District, Developer, environmentalist, lay person, etc.
How long have you lived in Collier County: Years
J-q
~
Months ~
e
Are you a registered voter in Collier County: Yes
Do you currently hold public office? Yes / No
If so, what is that office? .. .(}.A.t~ '11-I"()...V~ / l? ~'i ~hoV'e.
~ /
Have you ever been convicted of any offense against the Law?
If yes, explain:
Do you now serve, or have you ever served, on a Collier County~rd or commiie? Yes ~ No
If yes, Ple~~~mmitteeS/bOardS: ~h vV"::J I ,1'1 /1vh~N... / I~ ~ h.nl_ u2J,
No
CJJLA Actio)) '.$6 r 5& o.-vd
Yes No J
~lJOV1
Please list your community activities (civic clubs, neighborhood associations, etc. and positions
held: 6"Y~~~+e<<,
Education: W~~~~r::t!~~~~~~\~"~'r~~s;~lj ~~tJ~:" c.,
I RG-cJ.. E~ f,'M-~ (~D.SS~~
Experieuce: 5 ~rw1.~ "d ' l^ IA h: 1 + I ~ I I.A A. <r, ~t
K~+'fv1'1 __0 _ I
4
Please attach any additional information you feel pertinent. This application should be forwarded to Sue Filson, Executive Manager to
the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. lfyou wish, please fax your applicatwn to
(239)7i4-3602 ore-mail tosuefilson(ii.colliereo...net. Thankyoufor volunteering to serve the citizens of Co Iller County.
--
fit
J
83/09/2006 21:87
23925341..2
I,l)ELSH CO FL
PAGE .011 EU.
Agenda 11em 1'.10. 8A
April 25, 2006
Page 17 of 27
"'l__~~~ ~.!
I~ .,
!.: III I .7'
'.'
, ";I
',",' ~, ~ '. 'I ' ....
, ~? ., I
Board of County Commissioners
330,1 I':>>:;t T.lImiami Trail
Napl~, FL 34 It. 2
(139) 774-8(197
Fu: (Z39) 7'74-3602
Application for Advisory Committees/Boards
BtfJI ~ :So
~tA!
Home Addre!lS: 47CJ'3 t.rGf/llfrHotl 38 L".,.,df!
Fax No. '3' 7- C{ /'1 2- Businqs Phone: tl.~/- fl'7ttr<r
Home f'hone: O'-G" J7.. 5'Z??
Zip Code: Zr,/I /' ~
e-mail addrcss: bJAlh....I'€/iel.t. ~/. ~
]1;11 me:
Bum,u!,'m
NO.V
Board or Committee Applied Cor:
~6 ~~~ IrI", A-.
.,c,. It ~ (II 6<N -:- A-:- i..J+.c.&rE
Category (if applicable):
F.umpk: C(1fllIft;,~ioll Distrirl, Dft'rlnprr, rn~lronlllt
Are you. reeistered voter in CDltitr Cou 'i Yes V No
Do you currently bold p.blic of1ice~ Yes
1ho, what h that otlk.?
v
No
Do )'OU WO'\lf nrn. or h''I'e yoll ever ~erved, 01111 odier County board Qf tommitw.'r Yes
If yes. pleRSf list the committeeYbollrds:
P1ea~t Ji!tt your commllDity .ctivitje~ (eIV~ dub!, neighborbood associations, etc. and p05ition~ held:
I
I
Education: ISS ~(Ns!tt""'~ ,4fhlC S: #rlSAj 1ffS' .v~ttLrSc.,:",-"l ~""~~, r
~,~Ik.. ~~,~AlI~ I
I
Experience:li. L.t(jl&.. ~~ ("f~M~~A.LI"iIk.... ~ ~1f7'+~ ~~
A!.6.17t'L 1$0.. ..NVAtU A"41~tJ" ~~1Il
I .
j
I
,Mea., fJlJ/Jclt ''''J .ddill(J1Ial i1l/ntfllNlfiM Y(JIJI<<' pm;,. L ThU tlppUclllilJlflll~1rI btlfJTt/JlIrde#l /D Sll~ rrhlTll, l!.rtelllWt MlI1KIgtr
u)llte JnMd fI/ CDU"" COlfflfli$6;olW11.. 1JDl Emf r-' . Trail.....a1Jk$. F'1. .f.t 112. lfJ'Ott ",aIt, pIc#~ f.:r )'flU" ."plictrlio'''1I
(239) 771...t6f1 J Dr _Ii ,,, JII~f1l1on(p:oIlirnoYJ/fS Tlrf'k)'l711 lor I'Dlllmetm"l In 6~......1I1t ..~'Ii:C/T1 of en/lier C_my.
I
,
..ilson_s
Pa ae 1 of 2
Agenda item No. 97\
April 25. 2006
Page 18 of 27
Am-
~nt:
To:
advisoryboards@colliergov.net
Thursday, March 09, 2006 12:00 PM
filson_s
Subject: New On-fine Advisory Board Application Submitted.
~
)
3/9/2006
~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239) 774-3602
March 09, 2006
Application for Advisory Committees I Boards
Name: Sharon D. King Home Phone: 239-774-4176
Home Address: 3307 Captains Cove
City: Naples Zip Code: 34112
~l-t]J\,.~
........ ~,.
. . ~ . ~
.. '., -',.' . ~':1'
,'" j'.,j,1 ;'
Fax Number: No information provided. Business Phone: 239-777-3531
Email Address:King5754411@cs.com
Place of Employment: self employed
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: Bayshore Gateway Com unity Agency
Advisory Board
Category: (if applicable) Bayshore Resident
Do you currently hold public office? No
.
~
j
3/9/2006
Pa(Te 2 of 2
Agenda Item No. 971..
April 25, 2006
Page 19 of 27
Do you now serve, or have you served on a
Collier County board or committee?
If yes, please list the boards I committees:
CRAAB MSTU
Yes
Please list your community activities:
Past Activities Include: PTA (Various Positions) Girlscout
Leader 4-H leader Numerous other community
involvements
Education:
High School Diploma 2 years college (no degree)
Cosmotologist US Coast Guard ( Master) Captains
License
Experience I Background:
I currently operate a small business ( Lyon Home &
Marine) and also own, operate and maintain rentals in the
CRA area.
Page 1 of2
Agenda Item No. 9A
April 25, 2006
Page 20 of 27
1150n_s
From: advisoryboards@colliergov.net
Sent: Friday, March 24. 2006 2:57 AM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~
Board of County Comm issioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 174-3602
Fax: (239) 174-3602
'~"\' ,~t~'~'l.'" ;:t
. '.. '. - ......:..- 'l ..$"
, -1"" I '
March 24, 2006
Application for Advisory Committees I Boards
Name: Charles h. Gunther Home Phone: 239-248-1394
Home Address: 2448 Bayside Street
City: Naples Zip Code: 34112
Fax Number: No information provided. Business Phone: No information provided.
Email Address:FLGunther@comcast.net
Place of Employment: Self C.g. Clean
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: Bayshore/Gateway Triangle CRA Advisory Bd.
Category: (if applicable) Triangle resident
Do you currently hold public office? No
3/24/2006
A 'I t' Page 2 of 2
genda tem 'W. ~h
April 25, 2006
Page 21 of 27
Do you now serve, or have you served on a Yes
Collier County board or committee?
If yes, please list the boards I committees:
Bayshore/Gateway Triangle eRA Advisory Board
Please list your community activities:
President; Freedom Triangle Association
Education:
High School
Experience I Background:
As stated on prior Applications
3/24/2006
Page 1 of2
Agenda Item 1\10. 9A
April 25, 2006
Page 22 of 27
llson_s
From: advisoryboards@colliergov.net
Sent: Friday, March 24, 2006 11 :27 AM
To: fi Iso n_s
Subject: New On-line Advisory Board Application Subnitted.
~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239) 774-3602
.<<'" . ~t~~f: ,,~
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March 24, 2006
Application for Advisory Committees I Boards
Name: William Mears Home Phone: 239-774-7747
Home Address: 3804 Clipper Cove Drive
City: Naples Zip Code: 34112
Fax Number: 239-774-0122 Business Phone: 239-774-1140
Email Address:wcmears1@comcast.net
Place of Employment: FundGuard LLC
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: Bayshore Gateway Redevelopment
Agency Advisory Board
Category: (if applicable) No information provided.
Do you currently hold public office? No
3/24/2006
Do you now serve, or have you served on a Yes
Collier County board or committee?
If yes, please list the boards I committees:
Bayshore Gateway Redevelopment Agency Advisory
Board
Please list your community activities:
No information provided.
Education:
Wesleayn University, BA Harvard University, MBA
Experience I Background:
Finance & Manufacturing
3/24/2006
Page 2 of 2
Agenda Item No. 9A
April 25, 2006
Page 23 of 27
Page 1 of2
Agenda 11em I'~o. 9A
April 25. 2006
Page 24 of 27
1lson_s
From: advisoryboards@colliergov.net
Sent: Friday, March 24, 2006 1 :45 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239) 774-3602
.<<" .. .~~~,~';~ }
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March 24, 2006
Application for Advisory Committees I Boards
Name: Raymond C Perrine Home Phone: 239-775-8539
Home Address: 162 Burnt Pine Drive
City: Naples Zip Code: 34119
Fax. Number: 239-775-4178 Business Phone: 239-775-3408
Email Address:woodsie_ray@comcast.net
Place of Employment: Perrine Enterprises
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: Bayshore/Gateway Triangle Local
Redevelopment Advisory Board
Category: (if applicable) No information provided.
Do you currently hold public office? No
3/24/2006
Do you now serve, or have you served on a Yes
Collier County board or committee?
If yes, please list the boards I committees:
Currently on the Bayshore Beautification MSTU
Please list your community activities:
Coach for various sporting activities.
Education:
BS Building Construction - University of Florida 1994
Experience I Background:
Looking to further the development of the Gateway area
through direct involvement.
3/24/2006
Page 2 of 2
Agenda Item No. 91\
April 25. 2006
Page 25 of 27
Page 1 of2
Aoenda Item f-Jo. 9A
~ April 25, 2006
Page 26 of 27
;Ison_s
From: advisoryboards@colliergov.net
Sent: Friday, March 24, 2006 3:34 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~.~\: ,:J
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March 24, 2006
Application for Advisory Committees I Boards
Name: Lindsey James Thomas Home Phone: 239-261-4033
Home Address: 1925 Sixth Street South
City: naples Zip Code: 34102
Fax Number: 239-254-5087 Business Phone: 239-254-8822
Email Address:volant@sprintmail.com
Place of Employment: L TA Associates Incorporated
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: gateway Triangle/ Bayshore eRA
Advisory Board
Category: (if applicable) Davis Blvd business
Do you currently hold public office? No
3/24/2006
Do you now serve, or have you served on a No
Collier County board or committee?
Please list your community activities:
Board Member of the Naples Yacht Club
Education:
BA University of Miami
Experience I Background:
Sales. Marketing, Labor Negotiations Have started or
owned companies in the following Industries 1. Labor
Leasing 2. Cellular Telephone (RSA) 3. Insurance Industry
4. Funeral Service Industry
3/24/2006
Page 2 of2
Agenda Item No. 9A
April 25, 2006
Page 27 of 27
EXECUTIVE SUMMARY
Agenda Item No. 98
April 25, 2006
Page 1 of 13
-
APPOINTMENT OF MEMBER(S) TO THE DEVELOPMENT SERVICES ADVISORY
COMMITTEE
OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on
December 14,2007, to the Development Services Advisory Committee.
CONSIDERATIONS: The Development Services Advisory Committee has 1 vacancy due to
a resignation with the term expiring on December 14, 2007, representing the construction
category. This committee is composed of 15 members and represents the various aspects of the
development industry such as architect, general contractor, residential or builder contractor,
environmentalist, land planner, land developer, landscape architect, professional engineer, utility
contractor, plumbing contractor, electrical contractor, structural engineer, and attorney. The
purpose of this committee is to provide reports and recommendations to the Board of County
Commissioners to assist in the enhancement of operational efficiency and budgetary
accountability within the Community Development Services Division and to serve as a primary
communication link between the Community Development Services Division, the development
industry and the citizens of Co llier County. A list of the current membership is included in the
backup.
Mr. Peter Van Arsdale resigned his position on March 1,2006. A press release was issued and
resumes were received from the fo llowing 2 interested citizens:
-.
APPLICANT
CATEGORY
DIST ELECTOR ADV. COMM.
Charles Morgan Abbott Remodeling/General Contractor 4 Yes None
Leonard D. Berringer Retired - Director of Educational 3 Yes None
Seminars
COMMITTEE RECOMMENDATION:
Charles Morgan Abbott - term expiring December 14,2007
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMP ACT: 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: APRIL 25, 2006
-
Agenda Item No. 98
April 25, 2006
Page 2 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
96
Item Summary:
Meeting Date:
Appointment of member to the Development Services Advisory Committee.
4/25/20069:00:00 AM
Prepared By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
BCC Office
4/10/20064:22:15 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4/11/20064:37 PM
Agenda Item No. 98
April 25, 2006
Page 3 of 13
Memorandum
To:
Sue Filson, Executive Manager
Board of County Commissioners
From:
Joseph K. Schmitt, Administrator
Community Development and Environmental Services Division
Date:
April 6, 2006
Subject:
Development Services Advisory Committee
Listed below are the 2 applicants for the 1 vacancy on the Development Services Advisory
Committee. Both applicants have been categorized in their area of expertise.
Chartes Morgan Abbott Remodeling/General Contractor
Leonard D. Berringer Director of Educational Seminars. retired
At the April 5, 2006 DSAC meeting, Charles Morgan Abbott was recommended for
appointment to fill the vacancy on the Development Services Advisory Committee.
Community Development and Environmental Services Division
Office of the Administrator
Agenda Item No. 98
April 25, 2006
Page 4 of 13
Development Services Advisory Committee
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Frederick J. Reischl 597-3111 05/1 0/05 12/14/07 2.7 Years
1455 29th Street, S.W. 353-2332
Naples, FL 34117
E-Mail: reischl@abbinc.com
District:
Category: Land Planner
Mr. James E. Boughton 596-7800 01/10/06 12/14/09 4 Years
760 Clarendon Court 592-1787
Naples, FL 34109
E-Mail: jim@boughtonarchitects.com
District: 2
Category: Architect
Mr. Dalas D. Disney 261-3399 10/18/94 12/14/96 2 Years
4745 Stratford Ct., #2303 455-2384 12/14/04 12/14/08 4 Years
Naples, FL 34105
E-Mail: D.Disney@earthlink.net
District: 4
Category: Architect
Mr. Blair A. Foley 263-1222 12/14/99 12/14/03 4 Years
120 Edgemere Way South 289-4900 12/16/03 12/14/07 4 Years
Naples, FL 34105
E-Mail: folsOOO@aoLcom
District: 3
Category: Engineer
Mr. Robert J. Mulhere 649-1509 09/10/02 12/14/04 2 Years
1946 Sheffield Avenue 12/14/04 12/14/08 4 Years
Marco Island, FL 34145
E-Mail: rjm@consult-rwa.com
District: 1
Category: Land Planner
(-
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Wednesday. Janllar)' 11, 2006 Page 1 of 4
Agenda Item No. 98
April 25, 2006
Page 5 of 13
( Development Services Advisory Committee
Name Work Phone Appt'd Exp. Date Term
Home PllOne DateRe-appt 2ndExpDate 2nd Term
Mr. Peter Van Arsdale ;1~J, 649-6112 11/14/00 12/14/03 3 Years
123 11th Avenue South ~...I,'V\tl 253-8246 12/16/03 12/14/07 4 Years
Naples, FL 34102
E-Mail: petervana@earthlink.net
District: 4
Category: Construction
Mr. Clay C. Brooker 261-9300 09/1 0/03 12/14/05 2 Years
7098 Pond Cypress Court, #201 595-7654 01110/06 12/14/09 4 Years
Naples, FL 34109
E-Mail: ccbrooker@napleslaw.com
District: 2
Category: Attorney /
Mr. Jason Hamilton Mikes 261-9555 12/14/04 12/14/08 4 Years
3225 Cypress Glen Way, #101 597-7371
( Naples, FL 34109
E-Mail: jmikes@becker-poliakoffcom
District: 2
Category: Attorney
Mr. George H. Hermanson 254-2000 12/14/04
140 West Street 597-4895
Naples, FL 34108
E-Mail: georehermanson@holemontes.com
District: 2
Category: Engineer
12/14/08
4 Years
Mr. David B. Dunnavant 403-6875 12/14/04
6441 Sandalwood Lane 597-7145
Naples, FL 34109
E-Mail: Ddunnavant@barroncollier.com
District: 3
Category: Attorney
12/14/08
4 Years
;:T,::::~~,-=:::'~'~':':;_".:::::;__""'=::~~'::::::::=-~2':::-:',~_",,,,,:,_~':::""-:<:-,,,,,...~.,......,;.~;.~:_: ::~~:_:-':._",,-~~-...";:::_'::::~C:-;.::""";;.~~..;,_~,_\.""~~:="':'~~A<_-.:.::~-:t:J
WednesdaJ', January 11, 2006 Page 1 of"
. ------..-
Agenda Item No. 98
April 25, 2006
Page 6 of 13
Development Services Advisory Committee
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Thomas Masters 592-7344 02/23/99 12/14/99 1 Year
4401 Pond Apple Drive 592-5853 12/16/03 12/14/07 4 Years
Naples, FL 34119
E-Mail: tommastersofvineyards@naples.com
District: 5
Category: Professional Engineer
Mr, Marco A. Espinar 263-2687 12/14/99 12/14/03 4 Years
3880 Estey Avenue 12/16/03 12/14/07 4 Years
Naples, FL 34104
E-Mail: marcoe@prodigy.net
District: 3
Category: Environmental Planner
Mr. David E. Bryant 435-0550 01/10/06 12/14/09 4 Years
1822 Arbour Walk Circle 914-2584
Naples, FL 34104
E-Mail: aurumstat@aol.com
District: 2
Category: Attorney
Mr. Reed Jarvi 437-4601 01/10/06 12/14/09 4 Years
1281 Venetian Way 566-9084
Naples, FL 34110
E-Mail: rjarvi@vanday.com
District: 2
Category: Engineer
Mr. Brian E. Jones 793-1133 12/14/99 12/14/03 4 Years
2121 Heritage Tr. 643-5100 12/16/03 12/14/07 4 Years
Naples, FL 34112
E-Mail: tamiamibld@aoLcom
District: 1
Category: General Contractor
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Agenda Item No. 98
April 25, 2006
Page 7 of 13
Development Services Advisory Committee
Name
Work Phone
Home Phone
Appt'd Exp. Date
DateRe-appt 2ndExpDate
Term
2nd Term
This 15 member committee was created on 10/12/93 by Ord. No. 93-76, amended on 11/07/95
by Ord. No. 95-60 to add additional categories of industry membership representation. This
committee represents the various aspects of the development industry such as architect,
general contractor, residential or building contractor, environmentalist, land planner, land
developer, landscape architect, professional engineer, utility contractor, plumbing contractor,
electrical contractor, structural engineer, and attorney. The purpose of this committee is to
provide reports and recommendations to the BCC to assist in the enhancement of operational
efficiency and budgetary accountability within the Community Development Services Division
and to serve as a primary communication link between the Community Development Services
Division, the development industry and the citizens of Collier County. Tenns are 4 years.
(
"
FL STAT
Staff: Joseph Schmitt, Comm Dev & Env Services Administrator: 403-2385
a.-.r.::.--:'_"""7.~3:'~~:~c::-_~":.-=r:=.~~;'_-::::::7'::!";'"-=:":'~-:~~'~~''':''T'.'- -'-::~=.:T.:-~_'::::,:,"~''=:u-~~_:.:-Z:;~:7.O::::7;':';~~:~':'~'::::=''':~':':':'.:::-:.::::::
Wednesday, January 11, 2006 Page 4 of 4
Agenda Item No. 9B
April 25, 2006
Page 8 of 13
MEMORANDUM
DATE:
March 24, 2006
FROM:
Elections Office ~
Sue Filson, Executive Manager y
Board of County Connnissioner
TO:
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 connnission district in which each applicant resides.
DEVELOPMENT SERVICES ADVISORY COMM
COMMISSION DISTRICT
Charles Morgan Abbott
1306 28th Avenue, N.
Naples, FL 34103
if
Leonard D. Berringer
380 Harvard Court
Naples, FL 34104
3
Thank you for your help.
MEMORANDUM
Agenda Item No. 9B
April 25.2006
Page 9 of 13
DATE: March 23, 2006
TO: Joseph K. Schmitt, Community Development & Environmental Services Administrator
FROM: Sue Filso~ Executive Manager
Board of County Commissioners
RE: Development Services Advisory Committee
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:
Charles Morgan Abbott
1306 28th Avenue, N.
Naples, FL 34103
Leonard D. Berringer
380 Harvard Court
Naples, FL 34104
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 include in your return memo the attendance records of the applicants recommended for
reappointment.
Please categorize tbe applicants in areas of expertise. If you have any questions, please call me at
774-8097.
Thank you for your attention to this marter.
SF
Attachments
Page 1 of2
Agenda Item No. 98
April 25, 2006
Page 10 of 13
~son_s
8:>>m' advisoryboards@colliergov.net
~nt: Monday, March 20, 2006 9:26 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted,
~~~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239)774-3602
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March 20,2006
Application for Advisory Committees I Boards
Name: Charles Morgan Abbott Home Phone: 239-649-4286
Home Address: 1306 28th Ave, North
City: Naples, Florida Zip Code: 34103
.-
Fax Number: 239-649-7825 Business Phone: 239-649-6565
Email Address:CaptAbbott@aol.com
Place of Employment: Clerk of the Circuit Court (part time position)
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: DSAC
Category: (if applicable) Remodeling or General Contractor
.}
Do you currently hold public office? No
3/21/2006
Pa,ge 2 of 2
Agenda Item No. 80'
April 25, 2006
Page 11 of 13
.
Do you now serve, or have you served on a Yes
Collier County board or committee?
If yes, please list the boards I committees:
DSAC for years, Parks and Rec in the 1970's, Vo Tech's
board in the early 1980s
Please list your community activities:
Rotary Club until late 2005, Boy Scout leader, Collier
County Museum Friend's Board as an officer and
president,
Education:
Graduate School program in Real Estate and Finance At
the University of Florida. Undergraduate degree from
Emory University in Atlanta, Georgia
Experience I Background:
Contractor for years in SW Florida, licensed since 1980
-
-
3/21/2006
Page 1 of2
Agenda Item No. 9B
April 25, 2006
Page 12 of 13
'50n_s
a.m' advisoryboards@colliergov.net
~nt:' Thursday, March 09,200611:28 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
~L-t]J'~.I.
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March 09, 2006
Application for Advisory Committees I Boards
Name: Leonard Do Berringer Home Phone: 239-352-6225
Home Address: 380 Harvard Court
4
City: Naples, FL Zip Code: 34104
Fax Number: No information provided. Business Phone: 239-352-6225
Email Address:lberringer@earthlink.net
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: Development Services Advisory
Committee
Category: (if applicable) No information provided.
J Do you currently hold public office? No
3/9/2006
Page 2 of2
Agenda Item No. 9B
April 25, 2006
Page 13 of 13
.
Do you now serve, or have you served on a
Collier County board or committee?
No
Please list your community activities:
President, Oxford Village Assiciation - Chairman,
Presidents Council, Glen Eagle Golf & Country Club-
Monitor, DSAC for the Conservancy of Southwest Florida -
Boat Captain, Conservancy of Southwest Florida - Lector,
St. Ann Church, Naples
Education:
Attended Carnegie Institute of Technology, Architecture-
Unoversity of Pittsburgh, General Studies
.
Experience I Background;
Director Editorial Seminars, a national producer of
seminars for various technical magazines in the plastics,
electronics and industrial control fields - Editor in Chief of
numerous national industrial publication, including
Instruments & Control Systems, Electronic Products and
Plastics World. - OwnerlManager, UB Electronics,
Pittsburgh, PA
.
3/9/2006
EXECUTIVE SUMMARY
Agenda Item No. 9C
April 25,2006
Page 1 of 22
APPOINTMENT OF MEMBER(S) TO THE HABITAT CONSERVATION PLAN AD-HOC
ADVISORY COMMITTEE
OBJECTIVE: To appoint 3 members, with the terms expiring on June 14,2008, to the Habitat
Conservation Plan Ad-Hoc Advisory Committee.
CONSIDERATIONS: The Habitat Conservation Plan Ad Hoc Advisory Committee has 1
vacancy due to a resignation and 4 vacancies due to an increase in membership. This committee
was created on March 22, 2005, by Resolution No. 2005-174 and amended on February 14,2006
by Resolution No. 2006-41 to expand membership to 13 members. They will serve as a forum
for community review and discussion regarding Habitat Conservation Plans (HCP). The
committee is specifically tasked to evaluate the geographical scope (excluding the Rural Lands
Stewardship Area) and coverage of an HCP including the species associated with the
geographical scope, to identifY the types of impacting activities including County infrastructure
needs, to identifY the financial impacts of an HCP, to assess the community support for an HCP,
and to identifY alternatives to an HCP, ifan HCP is not deemed feasible. The committee will
ultimately provide its findings and recommendations to the Board of County Commissioners.
Terms are 3 years. A list of the CUlTent membership is included in the backup.
Mr. Richard Calabrese resigned his position on February 6, 2006 and on February 14,2006, the
Board increased the membership from 9 to 13 members. A press release was issued and resumes
were received from the following 3 interested citizens:
.............~
APPLICANT
CATEGORY
DlST ELECTOR ADV. COMM.
Roslyn D. Katz B.A. Economics; Volunteer for 4 Yes None
Conservancy - Retired
Amanda E. Peck Env & Forest Biology (Picayune 3 Yes None
Strand State Forest)
Judith Hushon Env Consulting; Risk 4 Yes Environmental Advisory Council
Assessments; Volunteer Naturalist
for Conservancy
COMMITTEE RECOMMENDATION:
Roslyn D. Katz
Amanda E. Peck
Judith Hushon
FISCAL IMP ACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
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: APRIL 25, 2006
Agenda Item No. 9C
April 25, 2006
Page 2 of 22
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
Meeting Date:
9C
Appointment of members to the Habitat Conservation Plan Ad Hoc Advisory Committee,
4/25/2006 9:0000 AM
Prepared By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
BCC Office
4110120064:22:15 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4111120064:32 PM
Agenda Item No. 9C
April 25, 2006
Page 3 of 22
MEMORANDUM
TO: Sue Filson, Executive Manager to the Board of County Commissioners
,
FROM: William D. Lorenz Jr., P.E., Director, Environmental Services Department
DATE: April! 0, 2006
SUBJECT: Habitat Conservation Plan Membership Recommendation to the Board of County
Commissioners
In response to the Habitat Conservation Plan Committee's advertised vacant position, 3 applications
were received by the deadline. The 3 qualified applicants were evaluated based upon their potential
contributions to the Committee. There are no specific or unique qualifications established for this
Committee. On April 7, the Committee unanimously recommended the following applicants for
appointment:
NAME
TYPE OF FIELD OF EXPERTISE (CURRENT
APPOINTMENT EMPLOYME
Judith
Hushon
Initial Appointment Environmental Consulting, Risk Assessments,
Volunteer Natmalist for The CoIlSelV3Dcy of
Southwest Florida (Self-employed)
Roslyn D.
Katz Initial
Amanda E.
Peck Initial
B.A. Degree in Economics, Volunteer for The
intment Conse of Southwest Florida ')
Environmental and Forest Biology (Picayune Strand
intment State Forest)
Agenda Item No. 9C
April 25. 2006
Page 4 of 22
Habitat Conservation Plan Ad-Hoc Advisory Committee
Work Phone Appt'd Exp. Date Term
Name Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Christian M. Spilker 643-0166 06/14/05 06/14/08 3 Years
2260 16th Street, N .E. 304-5266
Naples, FL 34120
E-Mail: cspilker@turrell-associates.com
District: 5
Category: Environmental
Dr. Michael R. Bauer 213-7120 06/14/05 06/14/08 3 Years
109 Debron Drive 530-0061
Naples, FL 34112
E-Mail: mbauer@naplesgov.com
District: 1
Category: Environmental
Mr. Michael Joseph Delate 947-1144 06/14/05 06/14/08 3 Years
574 100th Avenue,. North 592-9834
Naples, FL 34108
E-Mail: mdelate@gradyminor.com
District: 2
Category: Environmental Engineer ;;./,,;,o'IR
~nl'~
Mr. Richard Calabrese f.e j~r#o; 06/14/05 06/14/08 3 Years
8458 Gleneagle Way C(} 263-9636
Naples, FL 34120
E-Mail: kidfrombrklyn@comcast.net
District: 5
Category: Lay Person
Mr. Brian J. McMahon 597-9077 06/14/05 06/14/08 3 Years
360 22nd Avenue, N.W. 353-0110
Naples, FL 34120
E-Mail: swampbuggy2@earthlink.net
District: 5
Category: Citizen At Large
~;-'::--':::;:';':~='.~:"":'~~'=:":~;'~~:'::r:l::""'::~27:~~t::~:l.-:-: :'-.-:::7.-~::-:::~:;-:;;::t;"~~=-.-J..:rz-:':=::::::-~~::::.:...."""--~'=r;:::-~~;':':"'7;~~":":r~_:~:~~~:::;~-:.-
Tuesday, November 29. 2005 Page 1 of 3
Agenda Item No. 9C
April 25, 2006
Page 5 of 22
(
Habitat Conservation Plan Ad-Hoc Advisory Committee
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Ms. Jennifer Hecker 262-0304 11/29/05 06/14/08
3525 21st Avenue, S.W. 262-6683
Naples, FL 34117
E-Mail: jenniferh@conservancy.org
District: 5
Category: Environmental & Ecological; Land Mgmt; Conservancy
Dr. L. Christian Mogelvang 06/14/05
2450 N. Rd., Box 3316 643-0566
Naples, FL 34106
E-Mail: emogelvang@earthlink.net
District: 4
Category: Lay Person
(
Ms. Sally Woliver
2010 19th Street, S.W.
Naples, FL 34117
E-Mail: sallywol@swfla.rr.com
District: 5
Category: Lay Person
352-0690 06/14/05
353-7607
Ms. Maureen Bonness 348-8178 06/14/05
7390 Rookery Lane 348-8178
Naples, FL 34120
E-Mail: bonness@infionline.net
District: 5
Category: Environmental Consultant
3 Years
06/14/08
3 Years
06/14/08
3 Years
06/14/08
3 Years
(
,',_"'., .~_:::--_:--:;;.,'Z.-=~=~:.::::;_.::~-.7_'__:::.~:':O:;:;;:;:.:".::;':. '':':-.'3::'7~'';:,,;: ;~~~.:_:~.-:-:;,::-::.:-.:.-:-_~,,:-,;..,..:::::t:::~.'::~":''':''~:::I'':.:7..~;;-:'=;::?:7';c.:::!''::;::::'':;:-:'~:_~-~-:-:.. ~...... "-:. ::.~:~.~-=.:'"_'.':.!;r...::;:;-~==<
Tuesda.l', November 29. 2005 Page 2 of 3
Agenda Item No. 9C
April 25, 2006
Page 6 of 22
Habitat Conservation Plan Ad-Hoc Advisory Committee
Name
Work Phone
Home Phone
Appt'd Exp. Date
DateRe-appt 2ndExpDate
Term
2nd Term
The Habitat Conservation Plan Ad Hoc Advisory Committee is a newly created committee and
will be composed of 9 members to serve 3-year terms. This committee was created on March
22,2005, by Resolution No. 174. They will serve as a forum for community review and
discussion regarding Habitat Conservation Plans; will evaluate the feasibility of using a
Countywide Conservation Plan to protect Red-Cockaded Woodpeckers in Collier County; will
estimate the costs of developing and implementing a Habitat Conservation Plan; and, will
provide a recommendation to the Board of County Commissioners regarding the development
and implementation of a Habitat Conservation Plan. Terms are 3 years.
FL STAT n/a
Staff: William D. Lorenz, Jr., Environmental Services Director: 213-2951
1-
':~,~"""~.~-', -,~:~ ~-.,....._..~~....,-...,.__ .,...~...o-......-._,-.....__...
'Tue;iifi;-~N~;~J,e~-i9-:2005'"
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Page 3 of3
'':''~-:::_~:::.'-:::':=:::.~;:'{::,'_:
. _._~~-........_-..-- .
._ .;.....__._"~m...
Agenda Item No. 9C
April 25, 2006
Page 7 of 22
MEMORANDUM
DATE:
March 24, 2006
Elections Office ~ ~
Sue Filson, Executive Manager
Board of County Commissioners ·
TO:
FROM:
RE:
V oter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for appointment
to one of the county's advisory committees. Please let me know if those listed below are
registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
HABITAT CONSERVATION PLAN AD HOC COM COMMISSION DISTRICT
Roslyn D. Katz 1
3100 Gulf Shore Boulevard, N. #403
Naples, FL 34103
Thank you for your help.
Agenda Item No. 9C
April 25, 2006
Page 8 of 22
MEMORANDUM
DATE:
March 3, 2006
FROM:
Elections Office ~
Sue Filson, Executive Manager L
Board of County Commissioner
TO:
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.
HABITAT CONSERVATION PLAN AD HOC COMM
cCYj C\ \/J
3{jg... ?.;;;D - q.-'~ Yr ](',
Amanda E. Peck -, '?J /),' S::.J \
\ iT"
5235 Hemingway Circle, #1802 (}(.-
Naples, FL 34116
COMMISSION DISTRICT
Judith Hushon
1659 China berry Ct.
Naples, FL 34105
i/(f3
1
Thank you for your help.
MEMORANDUM
Agenda Item No. 9C
April 25, 2006
Page 9 of 22
DATE: March 24,2006
TO: William D. Lorenz, Jr., Environmental Services Director
FROM: Sue Filson. Executive Manager
Board of County Commissioners
RE: Habitat Conservation Plan Ad Hoc Committee
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an application
for consideration. I have attached the applications received for your review as follows:
Roslyn D. Katz
3100 Gulf Shore Boulevard, N. #403
Naples, FL 34103
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 swnmary for the Board's consideration.
Please include in your return memo the attendance records of the applicants recommended for
reappointment.
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 I of2
Agenda Item No. 9C
April 25, 2006
Page 10 of 22
1ion_s
~m. advisoryboards@colfiergov.net
~nt: Tuesday, March 07, 20064:35 PM
To: filson_s
Subject: New On-ftne Advisory Board Application Submitted.
~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239)774-3602
Fax: (239)774-3602
.~~ ~t~.. i~ /
". T. . .j
,'" f,j, ~ ;
March 07, 2006
Application for Advisory Committees I Boards
Name: Roslyn D. Katz Home Phone: 239-403-3916
Home Address: 3100 Gulf Shore Blvd. North #403
City: Naples Zip Code: 34103
'"
Fax Number: 239-403-3917 Business Phone: No information provided.
Email Address:rkatz9500@comcast.net
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: The Habitat Conservation Plan Ad Hoc
Advisory Committee
Category: (if applicable) No information provided.
-') Do you currently hold public office? No
3/7/2006
Paae 2 of2
Agenda Item No, gc
April 25, 2006
Page 11 of 22
.
Do you now serve, or have you served on a
Collier County board or committee?
No
Please list your community activities:
Conservancy of SW Florida - Horticulture volunteer
Rookery Bay - Volunteer Save The Bays - Co-chair Water
Quality Committee US Sail and Power Squadron -
member, assist in teaching Boating Safety courses.
Education:
B.A. (Economics) from Simmons College, Boston, MA
.
Experience I Background:
I have volunteered at the Conservancy of SW Florida as a
member of the Horticulture Group (maintain native plant
areas, contributed to creation of a new Butterfly Garden
and have been working on the preperation of a
photograhic guide to the Butterfly Garden) and as a Trail
Guide (I narrated the training video for docents). My
volunteer activity at Rookery Bay has ben with Pat
O'Donell, Rookery Bay Biologist, who has been monitoring
water quality in the 10,000 Islands using various
measurements of fish species as indicators of
environmental quality. With Save The Bays, I participate in
quarterly water quality testing of the The Moorings Bay
System. Also, our committee has been working with
faculty members at FGCU to try to develop a program
where students will work with us towards finding ways to
improve the quality of the water in the Moorings Bay
System. In addition, we are working closely with Dr. Mike
Bauer, Naples' Director of Natural Resources, to find ways
for our community to be in the forefront of Naples' efforts
to improve water quality. I have completed the Wetlands
portion of the Florida Master Naturalists Program.
.
3/7/2006
Agenda Item No. 9C
April 25, 2006
Page 12 of 22
MEMORANDUM
DATE:
March 3, 2006
FROM:
Elections Office ~
Sue Filson, Executive Manager l
Board of COWlty Commissioner
TO:
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.
HABITAT CONSERVATION PLAN AD HOC COMM
3fl9,~15G1 q...\)I(J,
Amanda E. Peck J ') ~ O~ 55 er'
5235 Hemingway Circle, #1802 ~
Naples, FL 34116
COMMISSION DISTRICT
Judith Hushon
1659 Chinaberry Ct.
Naples, FL 34105
!il(f3
1
Thank you for your help.
Page 1 of2
Agenda Item No. 9C
April 25, 2006
Page 13 of 22
filson s
"m:-
advisoryboards@colliergov.net
Sent: Wednesday, February 08, 2006 12:44 PM
To: filson_s
Subject: New On-line Advisory Board Application Submitted.
~Kty
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) 774-3602
Fax: (239)774-3602
. I.-t~l .~.I,
....... , ';
. ..oS.
~ r:'
",,1 )
February 08, 2006
Application for Advisory Committees I Boards
Name: Amanda E. Peck Home Phone: 239-579-6031
Home Address: 5235 Hemingway Circle #1802
--
City: Naples Zip Code: 34116
Fax Number: 239-348-7559 Business Phone: 239-348-7557
Email Address:pecka@doacs.state.fl.us
Place of Employment: FL Division of Forestry, Picayune Strand
State Forest
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? r;1/D
Board I Committee Applied for: Habitat Conservation Plan Advisory
Committee
--
Category: (if applicable) No information provided.
2/8/2006
Page 2 of2
Agenda Item No. 9C
April 25, 2006
Page 14 of 22
Do you currently hold public office? No
""
Do you now serve, or have you served on a
Collier County board or committee?
No
Please list your community activities:
No information provided.
Education:
B.S. in Environmental and Forest Biology from State
University of New York College of Environmental Science
and Forestry, Syracuse, NY; May 2001. M.S. in Wildlife
Biology from Clemson University, Clemson, SC; August
2004.
-)
Experience I Background:
I am the biological scientist II at Picayune Strand State
Forest (PSSF), which is a crucial area within Collier
County for conserving wildlife in the urban-forest interface.
I have worked with Roy DeLotelle of DeLotelle and
Guthrie, Inc. in assessing the Red-cockaded woodpecker
population and habitat quality on PSSF. I have attended
several Collier County HCP meetings and have also
attended several of the Florida panther recovery team
meetings, and thus am up to speed on the progress of the
plans. I am experienced in invasive exotic plant
identification and control. as well as identification of listed
plant and animal species. I am familiar with the area, and
have sufficient educational background to develop HCP's.
At
2/812006
Page 1 of2
Agenda Item No. 9C
April 25, 2006
Page 15 of 22
filson_s
am: advisoryboards@colliergov.net
Sent: Tuesday, February 07, 2006 4:38 PM
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
~A.-t~: \..~
. ,.'.;
. . - r?
. .t
.~.. - f ..' ~ "/
February 07,2006
Application for Advisory Committees I Boards
Name: Judith Hushon Home Phone: 239-643~222
Home Address: 1659 Chinaberry Ct
-
City: Naples Zip Code: 34105
Fax Number: 239-643~223 Business Phone: No information provided.
Email Address:judyhushon@aol.com
Place of Employment: self-employed
How long have you lived in Collier County? 3-4 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Habitat Conservation Plan Advisory
Committee
Category: (if applicable) No information provided.
-
Do you currently hold public office? No
2/7/2006
MEMORANDUM
Agenda Item No. 9C
April 25, 2006
Page 16 of 22
DATE:
March 3, 2006
TO:
William D. Lorenz, Jr., EnVirOIJervices Director
Sue Filson. Executive Manager .
Board of County Commissioner ·
FROM:
RE:
Habitat Conservation Plan Ad Hoc Committee
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an application
for consideration. I have attached the applications received for your review as follows:
Amanda E. Peck
5235 Hemingway Circle, #1802
Naples, FL 34116
Judith Hushon
1659 Chinaberry Ct.
Naples, FL 34105
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 include in your return memo the attendance records ofthe applicants recommended for
reappointment.
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 2 of2
Agenda Item No. 9C
April 25, 2006
Page 17 of 22
--
Do you now serve, or have you served on a Yes
Collier County board or committee?
If yes, please list the boards I committees:
Environmental Advisory Committee of Collier County
Please list your community activities:
Board of The Learning Connection Greater Naples
Leadership Class IX Conservancy of Southwest Florida,
Environmental Advisory Committee
Education:
Ph.D. Information and Decision Systems George
Washington University MA Biochemistry Harvard Medical
School BA Honors Biology Brown University
It
Experience I Background:
35 years of environmental consulting experience.
Prepared environmental risk assessments that rely on
evaluating potential risks to target species based on their
observed or predicted presence and their habits. Serving
as a naturalist for the Conservancy of Southwest Florida
on a volunteer basis. Published over 30 papers in peer
reviewed journals including one on Pesticides in
Southwest Florida currently in publication.
.
2/7/2006
Page 1 of2
Agenda Item No. 9C
April 25, 2006
Page 18 of 22
son s
~m:-
advisoryboards@colliergov .net
Sent: Wednesday, February 08, 2006 12:44 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
"Lt1J"
:,'" .~. "
....
. ~ ~.'
.. . ,
.: '. . -f J' ~ /
February 08, 2006
Application for Advisory Committees I Boards
Name: Amanda E. Peck Home Phone: 239-579-6031
Home Address: 5235 Hemingway Circle #1802
,
City: Naples Zip Code: 34116
Fax Number: 239-348-7559 Business Phone: 239-348-7557
Email Address:pecka@doacs.state.fl.us
Place of Employment: FL Division of Forestry, Picayune Strand
State Forest
How long have you lived in Collier County? 1-2 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Habitat Conservation Plan Advisory
Committee
-
Category: Wapplicable) No information provided.
2/8/2006
PalZe 2 of 2
Agenda Item No. 9t
April 25, 2006
Page 19 of 22
Do you currently hold public office? No
.
Do you now serve, or have you served on a
Collier County board or committee?
No
Please list your community activities:
No information provided.
Education:
B.S. in Environmental and Forest Biology from State
University of New York College of Environmental Science
and Forestry, Syracuse, NY; May 2001. M.S. in Wildlife
Biology from Clemson University, Clemson, SC; August
2004.
-
Experience I Background:
I am the biological scientist" at Picayune Strand State
Forest (PSSF), which is a crucial area within Collier
County for conserving wildlife in the urban-forest interface.
I have worked with Roy DeLotelle of DeLotelle and
Guthrie, Inc. in assessing the Red-cockaded woodpecker
population and habitat quality on PSSF. I have attended
several Collier County HCP meetings and have also
attended several of the Florida panther recovery team
meetings, and thus am up to speed on the progress of the
plans. I am experienced in invasive exotic plant
identification and control, as well as identification of listed
plant and animal species. I am familiar with the area, and
have sufficient educational background to develop HCP's.
.
2/8/2006
Page 1 of2
Agenda Item No. 9C
April 25, 2006
Page 20 of 22
-~son_s
..am: advisoryboards@colliergov.net
Sent: Tuesday, February 07,2006 4:38 PM
To: filson_s
Subject: New On-line Advisory Board Application SubrMted.
~
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Tel: (239) n4-3602
Fax: (239)n4-3602
~&.-t~: i..J
",
.".. I .'s
'. . ..' :0.:"
.. . ~
.: '. . "I J: ~ /
February 07, 2006
Application for Advisory Committees I Boards
Name: Judith Hushon Home Phone: 239-643-6222
Home Address: 1659 Chinaberry Ct
-) City: Naples Zip Code: 34105
Fax Number: 239-643-6223 Business Phone: No information provided.
Email Address:judyhushon@aol.com
Place of Employment: self-employed
How long have you lived in Collier County? 3-4 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Habitat Conservation Plan Advisory
Committee
Category: (if applicable) No information provided.
-4
Do you currently hold public office? No
2/7/2006
MEMORANDUM
Agenda Item No. 9C
April 25, 2006
Page21of22
DATE:
March 3, 2006
FROM:
William D. Lorenz, Jr., Enviro~ervices Director
Sue Filson, Executive Manager .
Board of County Commissioner' .
TO:
RE:
Habitat Conservation Plan Ad Hoc Committee
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit an application
for consideration. I have attached the applications received for your review as follows:
Amanda E. Peck
5235 Hemingway Circle, #1802
Naples, FL 34116
Judith Hushon
1659 Chinaberry Ct.
Naples, FL 34105
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 include in your return memo the attendance records of the applicants recommended for
reappointment.
Please categorize tbe 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 2 of2
Agenda Item No. 9C
April 25, 2006
Page 22 of 22
~
Do you now serve, or have you served on a Yes
Collier County board or committee?
If yes, please list the boards I committees:
Environmental Advisory Committee of Collier County
Please list your community activities:
Board of The Learning Connection Greater Naples
Leadership Class IX Conservancy of Southwest Florida,
Environmental Advisory Committee
Education:
Ph.D. Information and Decision Systems George
Washington University MA Biochemistry Harvard Medical
School BA Honors Biology Brown University
,
Experience I Background:
35 years of environmental consulting experience.
Prepared environmental risk assessments that rely on
evaluating potential risks to target species based on their
observed or predicted presence and their habits. Serving
as a naturalist for the Conservancy of Southwest Florida
on a volunteer basis. Published over 30 papers in peer
reviewed journals including one on Pesticides in
Southwest Florida currently in publication.
-
21712006
EXECUTIVESU~RY
Agenda Item No. 9D
April 25, 2006
Page 1 of 14
APPOINTMENT OF MEMBER(S) TO THE ENVIRONMENTAL ADVISORY COUNCIL
OBJECTIVE: To appoint 1 member to serve a 4-year term, expiring on April 13,2010, to the
Environmental Advisory Council.
CONSIDERATIONS: The Environmental Advisory Council has 1 vacancy due to a term
expiration. This 9 member council acts in an advisory capacity to the Board in matters dealing
with the regulation, control, management, use or exploitation of any or all natural resources
within the County, and the review of all land development petitions which require an
environmental impact statement (EIS) per section 3.8 of the Code, all developments of regional
impact (DRl), lands with special treatment (ST) or Area of Critical State Concern! Special
Treatment zoning overlays, areas ofthe county covered by interlocal agreements, any petitions
which cannot be resolved between the applicant and staff. The membership will include
technical and non-technical members. Technical members shall demonstrate evidence of
expertise in one or more of the following areas related to environmental protection and natural
resources management: Air Quality, Biology (including any of the sub-disciplines such as
botany, ecology, zoology, etc.), Coastal Processes, Estuarine Processes. Hazardous Waste,
Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution Control,
Solid Waste, Stormwater Management, Water Resources, Wildlife Management, or other
representative areas deemed appropriate by the Board such as, but not limited to, a representative
of the development community. Terms are 4 years. A list of the current membership is included
in the backup.
The term for Dr. Erica Lynne expired on April 13,2006. A press release was issued and 1
resume was received from the following interested citizen:
APPLICANT CA TEGORY
DlST ELECTOR ADV. COMM.
I James Gregory Harcourt I Technical- Geology
~ None
COMMITTEE RECOMMENDATION: Quasi-Judicial - no recommendation
FISCAL IMP ACT: 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: APRIL 25, 2006
Agenda Item No. 90
April 25, 2006
Page 2 of 14
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
9D
Item Summary:
Meeting Date:
Appointment of member to the Environmental Advisory Council.
4/25/20069:00:00 AM
Prepared By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
BCC Office
4110/20064:22:15 PM
Approved By
Leo E. Ochs. Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4111120064:29 PM
--.
Agenda Item No. 90
April 25, 2006
Page 3 of 14
Memorandum
To:
Sue Filson, Executive Manager, BCC
From:
Susan Mason, Senior Environmental Specialist - Environmental Services
Department
Barbara Burgeson, Environmental Services Dept.
C:
Date:
Subject:
4110/06
EAC application
I have reviewed the application from James Gregory Harcourt for the vacant EAC position. The
following is a brief outline of the applicant's qualifications. His application and brief meeting was
used to provide the following infonnation.
James Gregory Harcourt is a qualified technical applicant. Currently he is WOrking at the Naples
Medical Center as a Business ConsultanUOfflce Manager. Mr. Harcourt has experience working
on coastal issues in southwest Florida while working for TUITeIl and Associates, Marine and
Environmental Consulting and in California. He also has extensive experience in teaching and as
project manager.
Mr. Harcourt's education consists of a B.S in geology and computer programming and an M.B.A.
His community activities include U14 girl's soccer coach and the Optimist Soccer Club and
volunteering for the Conservancy of Southwest Florida and Rookery Bay National Estuarine
Reserve.
can me at 213-2987 if you have any questions. Thank you very much.
Environmental Services Department
Community Development & Environmental Services Division
(~--
Agenda Item No. 9D
April 25, 2006
Page 4 of 14
Environmental Advisory Council
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Dr. Erica Lynne 514-2968 11/28/00
676 11 Oth Avenue North 04/24/02
Naples, FL 34108
E-Mail: ericalynne@earthlink.net
District: 2
Category: Technical-Ph.D. Engineering
Ms. Judith M. Hushon
1659 Chinaberry Court
Naples, FL 34105
E-Mail: judyhushon@ao1.com
District: 4
Category: Technical- Biology
04/13/04
643-6222
(
Mr. Nick Penniman 04/12/05
611 Portside Drive 261-7292
Naples, FL 34103
E-Mail: ngpn@aol.com
District: 4
Category: T echnical- Environmental
Mr. William W. Hill 11/29/05
5928 Cranbrook Way, D205 774-4412
Naples, FL 34112
E-Mail: billhill44@aol.com
District: 1
Category: Technical- Professional Engineer
Mr.lrv Kraut 877-1793 01/11/05
5131 Harro gate Ct. 877 -1793
Naples, FL 34112
E-Mail: cleanairflorida@ao1.com
District: 1
Category: Technical- Environmental Health and Safety
04/13/02
04/13/06
1.5 yrs
4 Years /'
04/13/08
4 Years
04/13/09
4 Years
04/13/10
4+ Years
04/13/07
2 Years
(
_.-""..........~~~._-"..,...."'__.:::;::;;:::r.;::::....:::w .~"'"-':::._-~-~:::.c::_-.7:..::;~_;r"':::~;.:::7.'Z"2::..=_......;t.-"'~'-t:!I::-:::;".;;.~=--"-~--:-~: 7.:~=::"::::::;:O;:::,:'.::::.;::::=_~;:"~::-:::~'7"::=":':~:~~";.:7~:-:'_=-:"'::-':.:"~F7:~
Tuesday. November 29, 2005 Page 1 of 3
Agenda Item No. 9D
April 25, 2006
Page 5 of 14
Environmental Advisory Council
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. William W. Hughes 435-1188 04/13/03
4501 Rosea Court 435-3923
Naples, FL 34104
E-Mail: hughesco@earthlink.net
District: 4
Category: Technical-Water Treatment & Hazardous Waste
Mr. Terrence Scott Dolan 498-8533 06/14/05
581 19th Street, N.W. 455-5777
Naples, FL 34120
E-Mail: terreydolan@wcicommunities.com
District: 3
Category: Technical-Land Use Planning
....:;,
Mr. Michael V. Sorrell 353-5932 06/11/02
2335Wilson Boulevard, N. 571-7781 04/13/03
Naples, FL 34120
E-Mail: www.colliersportsman@hotmail.com
District: 5
Category: Non-Technical - Owner Lawn Service
Mr. Lee Horn 287-5044 01/11/05
2225 Malibu Lake Circle, #621 287-5044
Naples, FL 34119
E-Mail: sportslem@aol.com
District: 3
Category: Non- Technical- Business Finance and Marketing
04/13/07
4 Years
04/13/09
4 Years
04/13/03
04/13/07
10 Mos.
4 Years
04/13/08
3 Years
wr::.:f:C::::'" .'-.,....A,..-~~~~":D~-Z-~~.::.::::::..~~;:.....~~J.c'__"~:-...::-:_~~...~+'-~_'";~-:-'-k":-:;:~:;::::::::~:-:--_=:::-~-':-:-=_~':::":'_'~;!
L Tuesday, NUl'ember 29, 2005 Page 2 of 3
(-
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Agenda Item No. 90
April 25, 2006
Page 6 of 14
Environmental Advisory Council
Name
Work Phone
Home Phone
Term
2nd Term
Appt'd
DateRe-appt
Exp. Date
2ndExpDate
This 9 member council acts in an advisory capacity to the Board in matters dealing with the
regulation, control, management, use or exploitation of any or all natural resources within the
County, and the review of aflland development petitions which require an environmental impact
statement (EIS) per section 3.8 of the Code, all developments of regional impact (DR I), lands
with special treatment (ST) or Area of Critical State Conceml Special Treatment zoning
overlays, areas of the county covered by interlocal agreements, any petitions which cannot be
resolved between the applicant and staff. The Board should consider a membership guideline
of six (6) technical and three (3) non-technical members. Technical members shall
demonstrate evidence of expertise in one or more of the following areas related to
environmental protection and natural resources management: Air Quality, Biology (including
any of the sub disciplines such as botany. ecology, zoology, etc.), Coastal Processes, Estuarine
Processes. Hazardous Waste, Hydrogeology, Hydrology. Hydraulics, Land Use Law, land Use
Planning, Pollution Control, Solid Waste, Stormwater Management, Water Resources, Wildlife
Management, or other representative areas deemed appropriate by the Board such as, but not
limited to, a representative of the development community. This is a Quasi-Judicial
Committee. After initial appointments, terms are 4 years.
FL STAT
Staff: Susan Mason, Senior Environmental Specialist: 213-2987
~'::"'';::;::':''::~i~:-~.=::1.''':'':;:'.:~~--,'':''~-~~'"::;''':'':'::=':::'''~~'''':'':''''~~~~~~~::Z.."Z:~~-::--:-::...~:;::.:.::::=-~:=-__~:.-_--:":::~.-=-,~='.:_.~=:-.:___. :':.:~"';..-~1;"~::::::-:-::~_~~::O:;::':-;'::;
Tuesday. NOl'ember 29. 2005 Page 3 of 3
Agenda Item No. 9D
April 25, 2006
Page 7 of 14
MEMORANDUM
DATE:
March 24, 2006
TO:
Elections Office ~
Sue Filso~ Executive Manager .
BOMd of County Commffiswn
FROM:
RE:
Voter Registration - Advisory BOMd Appointments
The BOMd 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 commffision district in which each applicant resides.
ENVIRONMENTAL ADVISORY COUNCIL
COMMISSION DISTRICT
James Gregory Harcourt
547 Huntington Drive
Naples, FL 34109
~
Thank you for your help.
MEMORANDUM
Agenda Item No. 9D
April 25. 2006
Page 8 of 14
DATE:
March 24, 2006
TO:
Susan Mason. Environmental lJe . e
Sue Filson. Executive Manager 1
Board of County Commission )
FROM:
RE:
Environmental Advisory Council
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 conunittee to submit an application
for consideration. I have attached the applications received for your review as follows:
James Gregory Harcourt
547 Huntington Drive
Naples, FL 34109
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 include in your return memo the attendance records of the applicants recommended for
reappointment.
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 1 of 4
Agenda Item No. 9D
April 25, 2006
Page 9 of 14
ion_s
Am advisoryboards@colliergov.net
~t:: Monday, March 13. 2006 10:54 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
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March 13, 2006
Application for Advisory Committees I Boards
Name: James Gregory Harcourt Home Phone: 239-254-8742
Home Address: 547 Huntington Dr
City: Naples Zip Code: 34109
.-
Fax Number: 239-261-7258 Business Phone: 239-649-3339
Email Address:drharcourt@aol.com
Place of Employment: Naples Medical Center
How long have you lived in Collier County? 1-2 years
Have you ever been convicted of any offense against the law? No
Are you a registered voter in Collier County? Yes
Board I Committee Applied for: Environmental Advisory Council
Category: (if applicable) Geologist, MBA, PMP
)
Do you currently hold public office? · No
3/13/2006
Page 2 of 4
Agenda Item No. 9D
April 25, 2006
Page 10 of 14
Do you now serve, or have you served on a No
Collier County board or committee?
-
Please list your community activities:
U14 Girls Soccer Coach, Optimist Soccer Club Naples FI.
Member and Volunteer Conservancy of Southwest Florida
Naples FI. Volunteer Rookery Bay National Estuarine
Reserve Naples FI.
Education:
Master of Business Administration University of Phoenix
B.S. Geology and Computer Science Utah State
University UNIX and C Programming UCLA - LA CA
Certified Project Management Professional PMP- PMI
INTERNATIONAL PHILADELPHIA, PA Private
Postsecondary and Vocational Education certification for
instruction in Earth Sciences, Technology, and Business
Administration - STATE OF CALIFORNIA
-
Experience I Background:
College Instruction VVESTWOOO COLLEGE OF
TECHNOLOGY - CA. College Instructor: 1999 -
2005 -Full Time Classes 2004 - 2005, Anaheim Campus:
Earth Science, Mathematics, Ethics, American
Government -Part Time Classes 2001 - 2004, Anaheim
Annex: Project Management, Economics, Business
Administration, Marketing, Business Management,
International Business, Finance, HTML programming,
Office Automation -Full Time Classes 1999 -2000, Los
Angeles Campus: Quick Basic, Visual Basic, HTML, C++,
Java Script, Operating Systems, Computer Networking
Scientific and Research Synergy Solutions Inc.: Owner &
Geologic Consultant, Aliso Viejo Ca, & Naples FI. 2002 -
2006 -Turrell and Associates, Marine and Environmental
Consulting, Naples FI -Hillside slope stabilization and
repair, sink hole evaluation, Laguna Beach Ca. -Ground
water seepage control at sea side construction sites,
Newport Beach Ca. Pattern Analysis Recognition
Government Systems Torrance Ca. Software Engineer
1986 - 1988 -Software engineering for geographical
navigation, signal processing and electronic
warfare -Produced functional specifications for proposal
work in support of the marketing department -000
clearance: Top Secret EBI Chevron Oil Field Research
Company, La Habra, CA - Geologist 1983 -
1986 -Geologic and Geographical applications
programming -Signal processing for well logs,
-
3/1312006
Page4of4
Agenda Item No. 90
April 25, 2006
Page 12 of 14
-
the year 2000 (Y2K) compliance program .Designed and
conducted extensive information systems training and
literacy programs which resulted in improved productivity
and increased computer and technology utilization
.
.
3/13/2006
Page 3 of 4
Agenda Item No. 9D
April 25, 2006
Page 11 of 14
)
experimental down hole tools, LandSat image
processing -Artificial intelligence applications
programming Project Management Pacific Hospital of
Long Beach & FMM, Long Beach Ca. - Senior Project
Manager2oo4 - 2005 -Senior Project Manager: Provided
project management methodologies and oversight and
trained and supervised associate project
managers -Systems implementation: Financial, electronic
medical records, surgical materials management -Interim
Director Information Systems Pacific Hospital of Long
Beach Kaiser Permanente Pasadena, Ca. - Senior Project
Manager 2000 - 2004 -Concept through implementation
of a regional pharmacy supply chain and materials
management warehouse MMS. Achieved ROI for project,
10 months @ 26 Million -Upgrade of national CRM
customer resource management application system -Data
warehousing development, planning, budgeting,
development, support, and staffing V\lESlWOOD
COLLEGE OF TECHNOLOGY - LOS ANGELES CA.
Project Manager: 1999 -Instillation of Local and Wide Area
Networks for the opening of the Los Angeles campus
Adventist Health, Glendale Ca. - Regional Project
Manager: 1998 - 1999 -Planning and design of enterprise
wide financial and electronic medical record systems
including current and proposed business process models,
budgets and staffing -Interim Director ITS Pacific Hospital
of Long Beach Brown & Root Braun Inc., Alhambra Ca -
Project Manager System Integration 1988 -
1993 -Integration of petrochemical refinery automation to
ISO 9000 specifications -Supervised a staff of engineers
and consultants from varied disciplines including systems
integration, civil, electrical, mechanical, and chemical
engineering Functional Management Naples Medical
Center - Naples, FI - Business ConsultantJ Office
Manager 2005 -Present -Business Consultant for Dr.
Karen Harcourt's medical practice startup -Co-Creator &
Co-Presenter of Healthcare Education Seminars: Collier
Medical Society, NCH Wellness Centers Positive
Healthcare Foundation, LA Ca. - CIO: Director of
Information Technology 1995 -1999 -Responsible for
strategic planning for 4 outpatient clinics, 2 inpatient
facilities, a pharmacy program and 13 retail stores for a 32
million-dollar a year company -Assisted in applying for and
obtaining government and private grants to help fund IT
expansion projects -Designed and implemented wide and
. local area networks to automate managed care,
pharmacy, finance and clinical processes utilizing client
server and Internet technologies. -Provided oversight for
the design and implementation of a Web site, Internet and
Extranet business solutions -Designed and implemented
-
.,
3/13/2006
Page4of4
Agenda Item No. 90
April 25, 2006
Page 12 of 14
-
the year 2000 (Y2K) compliance program -Designed and
conducted extensive information systems training and
literacy programs which resulted in improved productivity
and increased computer and technology utilization
.
.
3/13/2006
.
--
-)
Agenda Item No. 90
April 25...'1 2006
Page 1.J-of 14
JAMES GREGORY HARCOURT
547 Huntington Dr
Naples, Fl. 34109
Work (239)649-3339 Home (239)254-8742 Cell (239)297-5944
Specialization: Analysis, Planning, Budgeting, Costing, Management, and Presentation of
complex Projects and Processes utilizing current Technological, Scientific, Financial, and
Management Methodologies
Professional Experience: Project Management, Technology Management, College Instruction,
Financial and Business Analysis including 20 years bands on Computer Programming,
Networking, Technical and Administrative Oversight, and Public Speaking
Indllstrv Experience Healthcare, Geologic, Engineering, Research, Petrochemical, Defense,
Warehousing, Education, Retail, Pharmacy Operations
Academic
Master of Business Administration UNIVERSI1Y OF PHOENIX - PHOENIX, AZ
B.S. Geology and Computer Science UTAH STATE UNIVERSITY - LOGAN, UT
UNIX and C Pro~ UCLA - Los ANGElES CA
Licenses &Certification' s
PMP Certified Project Management Professional - YM! INlERNA 110NAL PHlLADELPIDA, P A
CBEST emergency teaching credential- _STA 'IE OF CALIFORNIA
Private Postsecondary and Vocational Education certification for instruction in Earth Sciences.
Teclmology. and Business Administration - STATE OF CALIFORNIA
Professional Experience bv Catee:orv tben chronoloeical order
Colle2e Instruction
WESlWOOD COLLEGE OF TECHNOLOGY - CA. College Instruction: 1999 - 2005
. Full Time Classes 2004 - 2005. Anaheim CaJIUlus: Earth Science, Mathematics, Ethics,
American Government
. Part Time Classes 2001 - 2004. Anaheim Annex: Project Management, Economics, Business
Administration, Marketing, Business Management, International Business, Finance, HTML
programming, Office Automation
. Full Time Classes 1999 -2000. Los Angeles Campus: Quick Basic, Visual Basic, HTML,
C++, Java Script, Operating Systems, Computer Networking
ScientifIC and Researcb
Synergy Solutions Inc.: Owner & Geologic Consultant. Aliso Vieio Ca. & Naples Fl. 2002 - 2006
. Turrell and Associates, Marine and Environmental Consulting, Naples FI
. Hillside slope stabilization and repair, sink hole evaluation, Laguna Beach Ca.
. Ground water seepage control at sea side construction sites, Newport Beach Ca.
Pattern Analysis Recognition Government Systems Torrance Ca. Software Engineer 1986 -1988
. Software engineering for geographical navigation, signal processing and electronic warfare
. Produced functional specifications for proposal work in support of the marketing department
. DOD clearance: Top Secret EBI
Chevron Oil Field Research Company. La Habra. CA - Geologist 1983 - 1986
. Geologic and Geographical applications programming
. SiPll::ll nroc.e~~ino for wellloo~_ e-xneriments:tl nown hole tool~. T .~nnSl'lt im~oe nroc.es~ino
.
-
.
Agenda Item No. 90
April 25-;, 2006
Page 1 "i"'of 14
Proiect Man8e:ement
Pacific Hospital of Long Beach & FMM. Long Beach Ca. - Senior Project Manager2004 - 2005
· Senior Project Manager: Provided project management methodologies and oversight and
trained and supervised associate project managers
· Systems implementation: Financial, electronic medical records, surgical materials management
· Interim Director Information Systems Pacific Hospital of Long Beach
Kaiser Permanente Pasadena. Ca. - Senior Proiect Manager 2000 - 2004
· Concept through implementation of a regional phannacy supply chain and materials
management warehouse MMS. Achieved ROI for project, 10 months @26 Million
· Upgrade of national CRM customer resource management application system
· Data warehousing development, planning, budgeting, development, support, and staffing
WESTWOOD COLLEGE OF TECHNOLOGY - Los ANGELES CA. Project Manager: 1999
· Instillation of Local and Wide Area Networks for the opening of the Los Angeles campus
Adventist Health. Glendale Ca. - Regional Proiect Manager: 1998 -1999
· Planning and design of enterprise wide financial and electronic medical record systems
including current and proposed business process models, budgets and staffing
. Interim Director ITS Pacific Hospital of Long Beach
Brown & Root Braun Inc.. Alhambra Ca - Proiect Manager System Integration 1988 - 1993
· Integration of petrochemical refinery automation to ISO 9000 specifications
· Supervised a staff of engineers and consuhants from varied disciplines including systems
integration, civil, electrical, mechanical, and chemical engineering
Functional Man8e:ement
Naples Medical Center - Naples. Fl- Business Consultant! Office Manager2005 -Present
· Business Consultant for Dr. Karen Harcourt's medical practice startup
· Co-Creator & Co-Presenter of Health care Education Seminars: Collier Medical Society, NCB
Wellness Centers
Positive Healthcare Foundation. LA Ca. - CIa: Director ofInformation Technology 1995 - 1999
· Responsible for strategic planning for 4 outpatient clinics, 2 inpatient facilities, a pharmacy
program and 13 retail stores for a 32 million-dollar a year company
· Assisted in applying for and obtaining government and private grants to help fund IT
expansion projects
· Designed and implemented wide and local area networks to automate managed care,
pharmacy, finance and clinical processes utilizing client server and Internet technologies.
· Provided oversight for the design and implementation of a Web site, Internet and Extranet
business solutions
· Designed and implemented the year 2000 (Y2K) compliance program
· Designed and conducted extensive information systems training and literacy programs which
resulted in improved productivity and increased computer and technology utilization
Professional Affiliations
Project Management Institute PM!, California Teachers Association, Healthcare Information
Management Systems Society (HIMSS), American Computing Machines (ACM), American
Association of Petroleum Geologist AAPG, Toastmasters International past Area Governor
References Furnished upon reQuest
Agenda Item NO.1 OA
April 25, 2006
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to adopt a resolution authorizing the acquisition by gift or purchase 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 and
six-lane expansion of Oil Well Road from Immokalee Road to Camp Keais Road. (Capital
Improvement Element No. 44, Project No. 60044). Estimated fiscal impact: $12,852,500.
OBJECTIVE: To adopt a resolution authorizing the acquisition by gift or purchase of fee simple
interests and/or perpetual or temporary easement interests necessary to expand Oil Well Road from
two lanes to four lanes between Immokalee Road and Everglades Boulevard, and from two lanes to
six lanes between Everglades Boulevard and Camp Keais Road (Project No. 60044).
CONSIDERA TIONS: Adoption of the attached Resolution will provide staff with the Board's
authorization to secure title work, obtain independent real estate appraisals, and to negotiate for the
purchase of the required right-of-way.
-
FISCAL IMP ACT: While much of the right-of-way has been committed to the County at no
charge through development agreements, it is estimated that the total cost of all right-of-way which
must be purchased will be $12,852,500. 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 Section 73.015, F.S. ("Pre suit
negotiation"). The primary source of funding for the right-of-way and the attendant expenses will
be Road Impact Fee funds, supplemented as necessary by the Transportation Supported Gas Tax
fund.
GROWTH MANAGEMENT IMPACT: As part of the County's Capital Improvement Element,
the four-lane and six-lane improvements to Oil Well Road (Project No. 60044) are an integral part
of Collier County's Gro\A1h Management Plan.
RECOMMENDATION: That the Board of County Commissioners of Collier County:
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: Kevin Hendricks, Right-of-Way Acquisition Manager, TECM
Attachment: Gift and Purchase Resolution (with Exhibit)
-,
Agenda Item No.1 OA
April 25, 2006
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
10A
Item Summary:
Recommendation to adopt a resolution authorizing the acquisition by gift or purchase 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 and six-
lane expansion of Oil Well Road from Immokalee Road to Camp Keais Road. (Capital
Improvement Element No. 44, Project No. 60044). Estimated fiscal impact: $12,852,500.
(Norman Feder, Administrator. Transportation Services)
Meeting Date:
4/25/20069:00:00 AM
Approved By
Michael Greene
Project Manager
Date
Transportation Services
Transportation Engineering &
Construction Management
4/3/20062:26 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM-ROW
4/5/2006 6:27 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
4/7/20062:12 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
4/10/20064:15 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
4/11/20068:53 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
4/11/2006 11 :21 AM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
4/11/2006 11 :51 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/11/2006 2:11 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/12/20062:22 PM
Approved By
Agenda Item NO.1 OA
April 25, 2006
Page 3 of 7
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4113/2006 1 :22 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4/13/20063:36 PM
Agenda Item NO.1 A
April 25, 20 6
Page 4 0 7
RESOLUTION NO. 2006-_
A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE 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 TEMPORARY DRIVEWAY RESTORATION
EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS, WIllCH WILL
BE REQUIRED FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND
UTILITY IMPROVEMENTS TO OIL WELL ROAD FROM IMMOKALEE ROAD TO
CAMP KEArS ROAD (PROJECT NO, 60044),
WHEREAS, the Oil Well Road project was adopted in the Metropolitan Planning
Organization's Transportation Improvement Program on June 11,2004, which is included in the
Collier County Growth Management Plan by reference.
WHEREAS, the Oil Well Road Project was added to the County's work program in
December 2004 during the 2005 Annual Update and Inventory Report adoption meeting; and
WHEREAS, the construction of the transportation improvements and related facilities
currently being designed by CH2MHill, along the project corridor, as depicted on Exhibit "A," are
necessary in order to protect the health, safety and welfare of the citizens of Collier County, and
will assist Collier County in meeting certain concurrency requirements of the Growth Management
Plan for Collier County.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
1. The Board has detennined that the expansion of Oil Well Road two lanes to four lanes
between lmmokalee Road and Everglades Boulevard, and from two lanes to six lanes between
Everglades Boulevard and Camp Keais Road (hereinafter referred to as "the Project") is necessary
and is in the best interest of Collier County.
2. The construction and maintenance of the transportation improvements and related facilities
are compatible with the long range planning goals and objectives of the Growth Management Plan
for Collier County.
3. It is necessary and in the best interest of Collier County for the Board to acquire a fee simple
interest in the proposed right of way, as well as perpetual, non-exclusive road right-of-way,
drainage and utility easements, and temporary construction easements, and temporary driveway
restoration easements within the project corridor identified on Exhibit "A;" and County Staff is
Agenda Item NO.1 A
April 25, 20 6
Page 5 0 7
hereby authorized and directed to acquire said right-of-way and associated easement interests by
gift or purchase,
4. The Board hereby directs staff to use independent appraisal reports or internal compensation
estimates as staff determines is necessary to best serve the needs of the Project in a timely and cost-
effective manner.
5. The Board, in accordance with the provisions of Section 125.355, Florida Statutes, hereby
fonnally waives the requirement for a fonnal, independent appraisal report for the purchase of a
property where the purchase price of the parcel (the compensation due to the property owner) is less
than One Hundred Thousand and 001100 Dollars ($100,000,00). In lieu of the independent
appraisal report, staff is hereby authorized to make purchase offers for the properties, the dollar
amounts of which shall be predicated on "staff compensation estimates" based upon independent
appraisals (and the data therefrom) obtained on similar properties and upon consideration and
application of appropriate market value and cost data pertinent to the subject parcels,
6. Upon the approval by the County Attorney's Office of all documents necessary for the
subject property acquisition, Transportation Division staff is hereby directed to offer immediate
delivery to the respective property owners of compensation (as established by the appraisal or staff
compensation estimates in accordance with the provisions of Section 125.355, Florida Statutes), in
return for the immediate and proper execution of the respective easements, or other legal documents
andlor affidavits as the County Attorney's Office deems appropriate in order to protect the interests
of the County; and the Board hereby authorizes its present Chairman and any subsequent Chairman,
for the life of the Project, to execute any instruments which have been approved by the Office of the
County Attorney, to remove the lien of any encumbrance and for any such other purpose as may be
required.
7, In those instances where negotiated settlements may be obtained via the "Purchase
Agreement" or "Easement Agreement" mechanism, the Administrator of the Transportation
Division, or any Project Manager of his designation, is hereby delegated the authority to approve
the purchase of land interests above the staff compensation estimate or appraised value and pay
normally related costs when it is in the best interest of the Project, within the pro-rata share of the
land rights acquisition budget for the parcel being acquired, only when the difference between the
purchase price and compensation estimate or appraised value is less than Twenty-Five Thousand
and 00/100 Dollars ($25,000.00) or the current purchasing limits established by the Collier County
Purchasing Department; provided, Project funding is available.
~Page 2-
Agenda Item No. 1 A
April 25, 20 16
Page 6 0 7
8, That the settlement approval authority is delegated by the Board to the extent that such
approvals do not conflict with the provisions of Section 125.355, Florida Statutes.
9, The Chairman of the Board is hereby authorized to execute Easement Agreements and
Purchase Agreements where the land owner has agreed to sell the required land rights to the County
at its appraised value or at that amount considered the "Administrative Settlement Amount" as such
term is internally used by the administrative agencies of Collier County.
10. Where the property owner agrees, through the execution of a "Purchase Agreement" or
"Easement Agreement," to convey a necessary interest in real property to the County, and upon the
proper execution by the property owner of those easements or such other legal documents as the
Office of the County Attorney may require, the Board hereby authorizes the Finance Department to
issue warrants, payable to the property owner(s) of record, in those amounts as shall be specified on
a closing statement and which shall be based upon the appraisal or staff compensation estimate in
accordance with this Resolution and the provisions of Section 125.355, Florida Statutes.
11, All title to properties or interests in properties which have been obtained in the manner
described above shall be deemed "accepted" by the Board of County Commissioners, as the
governing body of Collier County, Florida, a political subdivision of the State of Florida, and as
such, staff is hereby authorized to record in the Public Records of Collier County, Florida, deeds,
easements or other instruments as may be required to remove the lien of any encumbrance from the
acquired properties.
THIS RESOLUTION ADOPTED on this _ day of
second and majority vote.
, 2006, after motion,
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY. FLORIDA
A TrEST:
DWIGHT E. BROCK, CLERK
By:
FRANK HALAS, CHAIRMAN
, Deputy Clerk
Approved as to form and
legal sufficiency:
_~ t>1-UL-~~
Ellen T. Chadwell
Assistant County Attorney
-Page 3-
OIL WELL ROAD RIGHT-OF-WAY ACQUISITION CORRIDOR
Agenda Item NO.1 A
April 25, 20 6
Page 7 0 7
CAMP KEAIS ROAD
EXHIBIT
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Agenda Item NO.1 08
April 25, 2006
Page 1 of 11
EXECUTIVE SUMMARY
To present to the Board of County Commissioners the sequence of events that
occurred relating to the Wilderness Country Club code case and discuss any
concerns the Board has with how the Department is enforcing the code.
OBJECTIVE: To receive Board of County Commissioners (Board) direction on how to proceed
with the Wilderness Country Club Code Case and other enforcement actions.
CONSIDERATIONS: During the April 11,2006 Board meeting, the Board voted to bring back
the item discussed under Public Petition regarding the replanting of the Wilderness Country Club
entrance. In response to that direction, Staff is providing a case summary for the Board's
consideration.
.....'-',
Case Summary:
On January 11, 2006, Environmental Investigator Kevin Halesworth observed the clearing by
Bob-Cat of very large pines, under-story and palmettos at the entrance of the Wilderness Country
Club. The debris that was evident was in excess of the damage caused by the recent hurricanes.
The trees had been clearly cut by a chainsaw and there was little to no sign of any breakage on
the large tree trunks. Investigator Halesworth posted a Stop Work Order and referred the case to
the territory Environmental Investigator, Susan O'Farrell. Investigator Halesworth instructed a
laborer on site to stop working, as per the posted order. The Investigator photographed a large
debris pile, for evidentiary value, consisting of very large pines and other debris.
On January 12, 2006, Environmental Investigator O'Farrell observed the continued clearing at
the entrance to Wilderness Country Club. The debris pile photographed by Investigator
Halesworth on January 11th had been removed, in violation of the posted Stop Work Order.
Investigator O'Farrell counted the stumps that remained which consisted of 19 trees with an
average diameter of 20 inches. Also evident were remains of the removal of Palmettos from an
area encompassing 1560 square feet. Investigator O'FarreJl met with Tim Mace, the
Condominium Superintendent, who advised her that the community had hired a landscape
architect to complete a replanting program for them. She instructed him to hold off on any
decisions pending her investigation and reminded him of the Stop Work Order. He indicated to
her that they were unaware the Stop Work Order prevented them from working. She clarified
that the Stop Work Order required him to cease any further vegetation removal and request that
he inform his crew to limit any further work to removal by hand of the remaining debris, and
reaching in with a mechanical claw to remove larger pieces.
On January 18, 2006, Investigator O'Farrell wrote a citation to Mr. Mace in the amount of
$2,505 for irreparable/irreversible ham1 for the removal of five of the largest pines, each with a
diameter in excess of 28 inches. Based on the expert opinion of Michael Sawyer, Senior
Planner, and Susan Mason, Senior Environmental Specialist, the trees removed were non-
cultivated, native trees that were between 50 and 120 years old, with several trees of specimen
quality. Mr. Mace contested the citation before the Special Master.
..""""""
Agenda Item NO.1 OB
April 25, 2006
Page 2 of 11
On March 3, 2006, Special Master Brenda Garretson heard the citation case and found that the
County was unable to prove irreparable harm as Mr. Mace's attorney explained the trees at the
entrance were cultivated (planted) when Wilderness was developed and therefore covered under
the emergency ordinance adopted after Hurricane Wilma (Ord. 2005-363), temporarily
suspending the requirement to obtain a vegetation removal permit for tree removal of cultivated
trees (04-41, section 10.02.06(1)(2)). After the hearing, Investigator O'Farrell discussed with the
attorney for Wilderness the fact that the citation that was addressed by the Special Master only
addressed the 5 large specimen trees and did not cover the remaining removal completed by the
Community. She encouraged them to contact her so that further discussion could take place to
address the mitigation that would be required for the excessive vegetation removal. Code
Enforcement Director, Michelle Arnold, contacted Mr. Felt to set up a meeting to discuss
resolution to the case. Representatives of Wilderness Country Club made no further contact with
Investigator O'Farrell until the meeting on March 29th, 2006.
,...~-
On March 29th, 2006, a meeting was held with representatives of Wilderness Country Club and
the County. Michelle Arnold explained to Wilderness representatives that the purpose of the
meeting was to find the best way to resolve the situation. Further, because of the age of the
development, the requirement to designate areas as preserve did not exist. Wilderness was
developed in the late 1970s before the requirement to designate and protect preserves through
conservation easements. At the time, there was no set percentage of native preservation but the
adopting Ordinance designating the project as a Planned Unit Development (PUD) states "the
character of this project, as evidence in the name, is to be established through preservation of a
maximum amount of the existing handsome native forest', reinforcing the requirement to
maintain native areas undisturbed. The entrance to Wilderness was one of the areas within the
development that contained "existing handsome native forest species" that has since been
removed from the site.
Currently, both Growth Management Plan (GMP) section 6.1.1 and Land Development Code
(LDC) section 3.05.07 require residential and mixed use developments of the size of the
Wilderness community to preserve 25% of the native vegetation on site. Prior to this
unpermitted clearing, Wilderness was considered "legal, non-confOlming" in regards to the
amount of native vegetation preserved on site in that they have retained less than the 25%
currently required. The LDC requires, in section 9.03.0 I A, "the nonconformities shall not be
enlarged upon, expanded, intensified, or extended, nor be used as grounds for adding other
structures or uses prohibited elsewhere in the same district." By clearing this area of retained
native vegetation, Wilderness increased their level of non-conformity, therefore becoming
illegal, nonconforming.
.'".,-....
Mrs. Arnold further explained that the area at the entrance of the community was considered a
native area intended to be preserved, therefore an after-the-fact vegetation removal permit is not
an option for compliance. The LDC section 10.02.06 E requires a mitigation plan to restore this
area and replace additional trees. LDC section 3.05.07 HIe ii describes the planting criteria for
recreated preserves. These sections of the Code are attached with pertinent portions highlighted.
During the meeting it was also explained that regardless of whether the requirement of a permit
for the removal of cultivated landscaping was exempted by Ordinance 2005-363, the native
vegetation must be replaced. It was further explained that in accordance with the LDC, sections
Agenda Item No, 108
April 25, 2006
Page 3 of 11
10.02.06(E) and 3.05.07(H)(l)(e)(ii)), in order to determine the number of species required for
mitigation, the trees removed would be measured on an inch-for-inch diameter at breast height
(dbh). Investigator O'Farrell indicated that the result of the calculations concluded a maximum
of 122 mitigation-sized trees would be required, to include Palmettos and grasses, within the
1,560 square feet area. Although representatives for Wilderness expressed that the number of
plants was excessive, they gave staff the impression that they were willing to comply. Staff also
discussed that it was their intent to be moderately flexible with the criteria once the mitigation
plan was submitted and reviewed. Further, to address Wilderness' concerns regarding the
mitigation over-filling their entry area, it was suggested they consider placement of some of the
mitigation trees in other native areas throughout the community.
The Code Enforcement Staff informed the Wilderness representatives, under advisement of
Environmental Review Services and Zoning and Land Development Review Departments, that
in order to implement this mitigation plan, Wilderness would be required to submit a Site
Improvement Plan (SIP) and record a conservation easement protecting the preserves.
Representatives for Wilderness were informed that LDC section 10.02.03(A)(3) allows for
review of the site plans without requiring a full Site Development Plan (SDP) review thus
avoiding opening the project up to compliance with unrelated requirements such as sidewalks.
During the Wilderness presentation to the BCC on April 11, 2006, Attorney Brunner incorrectly
stated that staff was requiring the project to go through the SDP process. Staff did explain to the
Wilderness representatives the differences between an SIP and SOP review process and
emphasized that the SIP review is appropriate since the project is already developed and the
required mitigation would not increase impervious surface or involve water or sewer issues that
would trigger the SDP review. LDC section 3.05.07 HId states, "Preserve areas shall be
identified as separate tracts or easements" and that "All required easements or tracts for
preserves shall be dedicated to the County" and "shall establish the permitted uses for
said easement."
With the SIP, the mitigation plan becomes part of the permanent record and progress can be
tracked by staff as required by the LDC. Wilderness representatives were reminded that the
purpose of the meeting was voluntary compliance, but advised that failure to make progress
toward resolution may result in the case being taken before the Code Enforcement Board. At the
conclusion of the meeting, staff was given the impression that a preliminary plan would be
submitted by the Landscape Architect for review by staff. Upon an attempt by Investigator
O'Farrell to meet with Mr. Felt and the Landscape architect to walk the site to identify areas that
already exist on the property that contain native vegetation that may be credited towards this
mitigation, the investigator was advised that this meeting would not be scheduled.
As noted above, the code requires mitigation in cases were vegetation has been removed from
areas intended for preservation. In order to determine how many trees will be required for
replacement, Code Enforcement refers to the codes for determining the maximum number of
plants based on the size of the trees removed. Because of the number and the age of trees
removed, staff was very liberal in their calculations. Staff has been approaching this case as one
where the responsible party will be voluntarily complying. It is for that reason that a Notice of
Violations (NOV) has yet to be issued.
Agenda Item No, 10B
April 25, 2006
Page 4 of 11
Wilderness vegetation removal
Example of large stump
Other Code cases: During the Board meeting on April 11, 2006, some of the Commissioners
mentioned other communities who expressed dissatisfaction with Code Enforcement.
Communities mentioned were Audubon and Berkshire.
Audubon - Presently the only case open within Code Enforcement for the Audubon
community is related to exotics removal throughout the community. This case was
resolved through a Compliance Agreement in which a timeline for the exotics removal was
established. The community has met and exceeded the specifications of the plan. The
Code Enforcement Department is not familiar with any other issues within this
development pertaining to vegetation removal within preserves.
Berkshire - Presently the Department has 4 cases opened within the Berkshire
Development.
· Two cases involve preserves within the Development where mitigation plans
have been accepted and the areas are being monitored for continued
compliance. In one case the Associations are being advised on the correct
method for maintenance.
· A third case involving a preserve is holding the County responsible for the
mitigation since one of the County Departments was responsible for impacting
the preserve. The property owners have expressed satisfaction on how this
issue is being resolved.
· The fourth case involves the planting of a buffer that is required between a
condominium development and a single family tract.
In all the cases addressed, we are working within the guidelines established within the Land
Development Code and staff is somewhat confused with the insinuation that Code Enforcement
is doing something wrong.
In most cases involving vegetation removal and impacting preserves, the Code Enforcement
Department usually consults with the Environmental Services Department and the Department of
Agenda Item NO.1 OB
April 25, 2006
Page 5 of 11
Zoning and Land Development Review for guidance. If there is a question of law and whether
or not we have the authority to request certain things, staff consults with the County Attorney's
Office for guidance.
FISCAL IMP ACT: This executive summary will have no fiscal impact.
GROWTH MANAGEMENT IMP ACT: Failure to comply with the provisions of the Land
Development Code would also be in direct conflict with the Growth Management Plan.
LEGAL CONSIDERATIONS: Typically, the courts allow county code enforcement officers
broad discretion in prosecuting alleged code violations, including the way in which such
violations are charged. Sf. Johns County v, Sf. Augustine Toyota, 99 ER FALR 344 (St. Johns
Co. Ct. 1999). However, code enforcement officers may not operate with "unbridled discretion"
in prosecuting alleged code violations. Oscarson v. Orange County, 5 ER FALR 12 (Orange Co.
Cir. Ct. 2004). The exercise of discretion is subject to procedural due process and other legal
protections. Id.
RECOMMENDATION: Recommend that Code Enforcement continue with enforcement of
the code as codified in the Collier County Land Development Code.
PREPARED BY: Michelle Edwards Arnold, Code Enforcement Director
~,,-..,
Agenda Item NO.1 OB
April 25, 2006
Page 6 of 11
10.02.06 E. Enforcement and penalties.
2. Restoration standards, If an alleged violation of this Code has occurred and upon
agreement between the County Manager or his designee and the violator, or if they
cannot agree, then, upon conviction by the court or the code enforcement board, in
addition to any fine imposed, a restoration plan shall be ordered in accordance with the
following standards:
a. The restoration plan shall include the following minimum planting standards:
i. In the successful replacement of trees illegally removed, replacement trees shall be
of sufficient size and quantity to replace the dbh inches removed. Dbh is defined for the
purposes of this ordinance as diameter of the tree, measured at a height of 4.5 feet
above natural grade.
ii. Each replacement tree shall be Florida grade NO.1 or better as graded by the Florida
department of agriculture and consumer service.
iii. All replacement trees shall be nursery grown, containerized and be a minimum of 14
feet in height with a seven foot crown spread and have a minimum dbh of three inches.
iv. Replacement trees shall have a guarantee of 80 percent survivability for a period of
no less than three years. A maintenance provision of no less than three years must be
provided in the restoration plan to control invasion of exotic vegetation (those species
defined as exotic vegetation by the Collier County Land Development Code).
v. It shall be at the discretion of the County Manager or his designee to allow for any
deviation from the above specified ratio,
b. In the event that identification of the species of trees is impossible for any reason on
the property where protected trees were unlawfully removed, it shall be presumed that
the removed trees were of a similar species mix as those found on adjacent properties.
c. The understory vegetation shall be restored to the area from which protected trees
were unlawfully removed, The selection of plants shall be based on the characteristics of
the Florida Land Use, Covers and Form Classifications System (FLUCFCS) code.
Shrubs, ground cover, and grasses shall be restored as delineated in the FLUCFCS
Code. The species utilized shall be with relative proportions characteristic of those in the
FLUCFCS Code. The exact number and type of species required may also be based
upon the existing indigenous vegetation on the adjacent property at the discretion of the
County Manager or his designee.
d. If the unlawful removal of trees has caused any change in hydrology, ground
elevations or surface water flows, then the hydrology, ground elevation or surface water
flows shall be restored to pre-violation conditions.
e. In the event of impending development on property where protected trees were
unlawfully removed, the restoration plan shall indicate the location of the replacement
stock consistent with any approved plans for subsequent development. For the purposes
of this ordinance, impending development shall mean that a developer has made
application for a development order or has applied for a building permit.
f. The County Manager or his designee may, at his discretion, allow the replacement
stock to be planted off-site where impending development displaces areas to be
restored. In such situations, off-site plantings shall be on lands under the control of a
public land and/or agency. The off-site location shall be subject to the approval of the
County Manager or his designee.
g. The donation of land and/or of funds under the control of a public agency may be
made if none of the above are viable alternatives. This donation of land and/or funds
shall be equal to or greater than the total sum it would cost to restore the area in which
Agenda Item NO.1 DB
April 25, 2006
Page 7 of 11
the violation occurred. (Preservation of different contiguous habitats is to be
encouraged.)
3. Corrective measures for environmental violations.
a. Mitigation.
i. The person(s) responsible for violations of the environmental sections of the Land
Development Code shall be notified according to section 8.08.00 and shall have 30 days
to prepare a mitigation plan that is acceptable to the county to resolve the violation, The
mitigation plan shall be submitted to development services staff for review and comment.
Once the plan is accepted by development services, the responsible party shall have 15
days to complete the mitigation unless other arrangements are specified and agreed
upon in the mitigation plan.
ii. Mitigation shall restore the area disturbed unless the responsible party demonstrates
that off-site mitigation will successfully offset the impacts being mitigated for. Off-site
mitigation shall be on lands under the control of a public agency, or identified for public
acquisition, or on lands protected from future development. Ratios for off-site mitigation
shall be as follows: two to one for uplands and three to one for wetlands,
iii. The selection of plants to be used shall be based on the characteristics of the
Florida Land Use, Covers and Forms Classification System FLUCFCS Code. The exact
number and type of species required may vary depending on the existing indigenous
vegetation found at the site.
iv. If only trees were removed and the understory vegetation was not disturbed, then
replacement of the dbh (diameter at breast height) in inches removed shall be required.
v, If the violation has caused any change in hydrology, ground elevations or surface
water flows, then the hydrology, ground elevation or surface water flows shall be
restored to pre-violation conditions.
vi. If the violation consists of clearing of residential, single-family (RSF), village
residential (VR) or estates (E) or other non agricultural, non commercially zoned land in
which single-family lots have been subdivided for single-family use only, and one acre
or less of land is being cleared by the property owners themselves in advance of
issuance of building permit, the County Manager or his designee may, in lieu of
restoration or donation, impose a penalty fee in the amount equal to double the cost of a
typical building permit.
b. Requirements for a mitigation plan.
i. A copy of the deed, contract for sale or agreement for sale or a notarized statement
of ownership clearly demonstrating ownership and control of the subject lot or parcel of
land, or permission from the landowner to mitigate on his or her site shall be provided.
ii. The mitigation plan shall be prepared by a person who meets or exceeds the
credentials specified in section 10.02.02 A.3.
Hi. The plan shall designate the person's name, address and telephone number that
prepared the plan.
iv. A north arrow, scale, and date shall be required on the plan.
v. Existing vegetation areas shall be shown.
vi. The proposed planting areas shall be clearly defined.
vii. The plan shall denote the number and location of each plant to be planted, or for the
case of ground covers, show them in groupings. Large mitigation areas may be
designated by a more simplified method.
viii. All plants proposed shall be denoted by genus, species, and the common name.
ix. The plan shall identify what is adjacent to the mitigation areas, i.e. existing forest
(provide type), farm, natural buffer area, lake, etc.
c. Site-specific review criteria.
i. All plants used for mitigation shall be native Florida species.
Agenda Item NO.1 OB
April 25, 2006
Page 8 of 11
ii. All plants used for mitigation shall be from a legal source and be graded Florida No.
1 or better, as graded by the Florida Department of Agriculture and Consumer Services'
Grades and Standards for Nursery Plants (Charles S. Bush, 1973, Part 1 and 2). All
plants not listed in Grades and Standards for Nursery Plants shall conform to a Florida
No, 1 as to: (1) health and vitality, (2) condition of foliage, (3) root system, (4) freedom
from pest or mechanical damage, (5) heavily branched and densely foliated according to
the accepted normal shapes of the species or sport, Trees shall be a minimum of 14 feet
tall at the time of planting and shall have a minimum dbh (diameter at breast height) of
three inches,
iii. The plants proposed for planting must be temperature tolerant to the areas they are
to be planted in. The South Florida Water Management District's Xeriscape Plant Guide
II shall be used in determining the temperature tolerances of the plants.
iv. The existing soil types shall be identified, Plants proposed for planting shall be
compatible with the soil type. The 1954 or the 1992 soil survey of Collier County shall be
used to determine if the plants proposed for planting are compatible with the existing or
proposed soil types.
v. The source and method of providing water to the plants shall be indicated on the
plan and subject to review and approval.
vi. A program to control prohibited exotic vegetation (section 3.05.08) in the mitigation
area shall be required.
d. County review of mitigation plan.
i. Development services will review the plan based on, but not limited to, the preceding
requirements within 15 days. Additional relevant information may be required when
req uested.
ii. Should the county reject the mitigation plan, the reasons will be provided so the
applicant can correct the plan and resubmit for county review.
e. Monitoring and replanting.
i. A monitoring program shall be required that would determine the survivability by
species of the plants used in the mitigation effort. A minimum of five reports will be
submitted. Reports shall be due at one-year intervals,
ii. Eighty percent survival by species shall be required for a five-year period unless
other arrangements are specified and agreed upon in the mitigation plan. Replanting
shall be required each year if the mortality exceeds 20 percent of the total number of
each species in the mitigation plan.
iii. The soil and hydrological conditions for some mitigation areas may favor some of
the plants and preclude others. Should the county and/or consultant find that over time,
some of the species planted simply don't adjust, the mitigation plan shall be reevaluated
by both the consultant and the county, and a revised plan will be instituted. This
condition shall not apply to all mitigation areas and each case will be evaluated
individually, based on the supported [supporting] data submitted by the mitigator.
f. Donation of land or funds. The donation of land and/or funds to a public agency may
be made if none of the above are viable alternatives. This donation of land and/or funds
shall be equal to or greater than the total sum it would cost to mitigate for the violation
according to section 10.02.06E.3.a. including consulting fees for design, and monitoring,
installation costs, vegetation costs, earth moving costs, irrigation costs, replanting and
exotic removal.
3.05.07 H 1 d. Protective covenants, Preserve areas shall be identified as separate
tracts or easements with access to them from a platted right-of-way. No individual
Agenda Item NO.1 08
April 25, 2006
Page 9 of 11
residential or commercial lot, parcel lines, or other easements such as utility or access
easements, may project into a Preserve. All required easements or tracts for preserves
shall be dedicated to the County without placing on the County the responsibility for
maintenance or to a property owners' association or similar entity with maintenance
responsibilities. The protective covenants for the tract or easement shall establish the
permitted uses for said easement (s) and/or tracts on the final subdivision plat. A
nonexclusive easement or tract in favor of the County, without any maintenance
obligation, shall be provided for all preserves on the preliminary and final subdivision
plats and all final development order site plans. The boundaries of all preserve
easements shall be dimensioned on the final subdivision plat.
3.05.07 H 1 e ii. Required Planting Criteria:
(a) Where created preserves are approved, the landscape plan shall re-create a native
plant community in all three strata (ground cover, shrubs and trees), utilizing larger plant
materials so as to more quickly re-create the lost mature vegetation, Such re-vegetation
shall apply the standards of section 4.06.05 C. of this Code, and include the following
minimum sizes: one gallon ground cover; seven (7) gallon shrubs; fourteen (14) foot high
trees with a seven foot crown spread and a dbh (diameter at breast height ) of three
inches. The spacing of the plants shall be as follows: twenty to thirty foot on center for
trees with a small canopy (less than 30 ft. mature spread) and forty foot on center for
trees with a large canopy (greater than 30 ft, mature spread), five foot on center for
shrubs and three foot on center for ground covers. Plant material shall be planted in a
manner that mimics a natural plant community and shall not be maintained as
landscaping, Minimum sizes for plant material may be reduced for scrub and other xeric
habitats where smaller size plant material are better suited for re-establishment of the
native plant community,
10.02.03 B 2. Site improvement plan review. Submittal of a site plan may be
reviewed under the site improvement plan (SIP) review process if the development
proposal meets all of the following conditions:
a. The project involves a site which is currently improved with principal structures,
parking facilities, water and sewer services, and defined ingress/egress.
b. The proposed use will not require an expansion of the existing impervious areas to
[a] degree which would require engineering review or otherwise affect on-site surface
water management facilities as may be documented by waiver letters from the South
Florida Water Management District or Collier County where applicable.
c. Written documentation from appropriate agencies acknowledging that water and
sewer services are available at the site and are adequate to serve the proposed use.
d. Raw water wells in Collier County will be permitted as insubstantial changes to the
Site Development Plan or Site Improvement Plan approved for the water treatment
plant or facility to which the raw water well(s) are ancillary, provided that the
requirements of Section 5.05.12 are met. More than one well may be permitted with one
application provided that all wells are within the same well field. The insubstantial
change submittal shall include a signed and sealed boundary survey of the property or
lease parcel ; a copy of recorded deed or lease agreement; a recent aerial photograph
of the project area; a master plan showing all well fields ancillary to the main water
treatment plant or facility, including the proposed wells; and a site plan prepared on a
24-inch by 36-inch sheet drawn to scale and setting forth the following information:
i. The project title, utility owner, address and telephone number.
ii. Legal description, scale, and north arrow.
Agenda Item NO.1 08
April 25, 2006
Page 10 of 11
iii. Zoning designation of the subject site(s) and adjacent sites and the proposed use of
the subject site.
iv. Location, configuration and dimensions of all building and lot improvements.
v. Location and dimension of access point(s) to the site.
vi. Location of existing and proposed landscaping with specifications as to size,
quantity and type of vegetation.
vii. All required and provided setbacks and separations between structures in matrix
form.
viii. Any additional relevant information as may be required by the County Manager or
his designee.
e. Site improvement plan submittal and review. A site improvement plan (SIP) shall be
prepared on a 24-inch by 36-inch sheet drawn to scale and setting forth the following
information:
i. The project title, property owner, address and telephone number.
ii. Legal description, scale, and north arrow.
iii. Zoning designation of the subject site and adjacent sites and the proposed use of
the subject site.
iv. Location, configuration and dimensions of all building and lot improvements.
v. Location and configuration of parking and loading areas, and the directional
movement of internal vehicle traffic.
vi. Location and dimension of access point(s) to the site.
vii. Parking summary in matrix form, indicating the required and provided parking for
each existing and proposed use.
viii. Location and configuration of handicapped parking facilities and building
accessibility features.
ix. Location, dimension and configuration of existing water management facilities.
x. Location of trash enclosures.
xi. Location of existing and proposed landscaping with specifications as to size,
quantity and type of vegetation.
xii. All required and provided setbacks and separations between structures in matrix
form.
xiii. Any additional relevant information as may be required by the County Manager or
his designee,
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 10B
April 25, 2006
Page 11 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
10B
To present to the Board the sequence of events that occurred relating to the Wilderness
Country Club Code Case and discuss any concerns the Board has with how the Department
is enforcing the Code. (Joseph K. Schmitt, Administrator, Community Development)
4/25/20069:00:00 AM
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Date
Community Development &
Environmental Services Admin.
4119/2006 10:43 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
4119/200610:55 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
4119/2006 11 :19 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4119/200612:24 PM
Agenda Item No. 10C
April 25. 2006
Page 1 of 19
,....--
EXECUTIVE SUMMARY
Approve a request for permission to apply for a Florida Communities Trust
Florida Forever Grant in the estimated amount of $9.9 million for
reimbursement for the purchase of the lands surrounding the Naples Zoo
Obiective: To use available grant opportunities to partially reimburse the County for the
purchase of the lands surrounding the Naples Zoo.
Considerations: Under the Florida Forever Act, the Florida Communities Trust
administers the Florida Forever Program, which provides grants to eligible applicants for
the acquisition of land for community-based parks, open spaces and greenways that
further the outdoor recreation and natural resource protection needs identified in local
government comprehensive plans. For the Florida Forever FF-6 cycle, Collier County
may request up to $9.9 million for one pre-acquired project site. A minimum match of
25% of the total cost of the project is required.
--
On November 18, 2005 the Board of County Commissioners approved an Agreement for
Sale and Purchase with the Trust for Public Land for the purchase of land housing and
adjoining Caribbean Gardens and the Naples Zoo, Land totaling 129.98 acres was
purchased for $41.5 million on December 19, 2006. Collier County will be applying for
an estimated $9.9 million for reimbursement for the purchase of approximately 74.25
acres of land surrounding the Naples Zoo. The Zoo land itself in ineligible for
reimbursement.
Fiscal Impact: The value of the land on which the County will request reimbursement
(the Project Site) is estimated at $20 million. The County will offer a 40% match and
request the maximum of $9.9 million in reimbursement. If the project is chosen for
funding, the actual reimbursement amount will be calculated as follows: 60% of the total
allowable project cost, which includes allowable acquisition expenses plus the average of
two re-appraisals conducted on the Project Site acreage only, as required by Florida
Communities Trust. If the funds are received they will be used to pay down the debt on
the commercial paper loan taken out to help fund the acquisition, with the balance going
toward development of the surrounding lands area.
Growth Manaaement Impact: The Florida Forever Program rewards projects that
demonstrate consistency with the local comprehensive plan. Purchase and proposed
development of the property is consistent with numerous directives of the Growth
Management Plan.
Recommendation: That the Board of County Commissioners approves this request to
apply for a Florida Communities Trust Florida Forever Grant in the amount of $9.9
million for reimbursement for the purchase of the lands surrounding the Naples Zoo.
--
Prepared by: Amanda O. Townsend, Operations Analyst, Parks and Recreation
r
~
ApPLICATION FORM FCT-3
Agenda Item No. 10C
April 25, 2006
Page2of19
FLORIDA COMMUNITIES TRUST
FLORIDA FOREVER PROGRAM
1. PROJECT NAME
(Descriptive project name)
2. APPLICANT NAME
(Name of local government or nonprofit environmental organization)
If nonprofit environmental organization, also provide the required information requested in Exhibit M and N.
3. PARTNERSHIP APPLICATION
Is this a partnership application between two or more local governments or nonprofit Yes No
environmental organizations. as described in Rule 9K-7.002(26), FAC.?
If "Yes, " provide the name(s) of the local govemment(s) or nonprofit environmental organization(s).
4. KEY CONTACT PERSON
Note: The Key Contact is required to be an employee of the local govemment or designated representative of the
nonprofit environmental organization. Identify only one key contact person.
Key Contact Name
First Middle Initial Last
Title
Department/Nonprofit Organization
Mailing Address
City . FL Zip Code
Note: If the applicant's principal office address is a post office box, a delivery address is also required.
Delivery Address
City ,FL Zip Code
Phone Number Fax Number
E-mail address
Chief Administrator for the Local Government (City or County Administrator)
Name: Phone Number
5. PROJECT SITE LOCATION
County Section Township Range
Note: Cite only one Section, Township and Range to indicate where all or most of the project acreage is located.
Include all directional designations ( Township either North or South - - Range either East or West ).
6. TOTAL PROJECT ACREAGE Acres
Indicate the approximate acreage of the project site to two decimal points.
I
Form FCT-3 (Effective 2-21-05)
Page 1
^ . -' Itpm 1\1", 1 nr.
April 25,2006
Note: The applicant must fill out one or more of the following sections (7, 8 and/or 9) as appropriate. Page 3 of 19
7. PRE-ACQUIRED PARCELS
The entire project site or a portion of the site has been pre-acquired by the applicant through a voluntarily -
negotiated transaction within 24 months prior to the application deadline. If so, provide the owner's
name(s), parcel tax identification number(s), and the closing date(s) of each pre-acquired parcel.
Owner's Name
Parcel Tax 10 Number
Date of Ctosing
The use of condemnation or the threat of condemnation is not considered a Yoluntarily-negotiated transaction
and parcels acquired under these conditions do not qualify for acquisition or reimbursement under this program.
8. REIMBURSEMENT ACQUISITION - Parcels to Be Acquired (Applicant conducts the entire acquisition and
is reimbursed by FCT after the acquisition is completed)
The entire project site or the remaining un-acquired parcel(s) in the site will be acquired by the applicant
through a voluntarily-negotiated transaction. If so, provide the owner's name(s), parcel tax identification
number(s), and the anticipated closing date(s) of each parcel.
Owner's Name
Parcel Tax 10 Number
Date of Closing
For project sites with more than one parcel to be acquired, the applicant must complete the Acquisition Plan on
page 5,
The use of condemnation or the threat of condemnation is not considered a voluntarily-negotiated transaction
and parcels acquired under these conditions do not qualify for acquisition or reimbursement under this program.
9. JOINT ACQUISITION - Parcels to Be Acquired (The entire project site or remaining unacquired parce/(s) will
be a joint acquisition with both FCT and the applicant participating in the acquisition process)
Number of separate parcels to be acquired within the project site
Number of separate ownerships to be acquired within the project site
Note: For a project site that consists of six or more ownerships to be acquired, the applicant will be required
to act as the lead party responsible for the acquisition activities, as described in Rule 9K-7.003(6), FAC.
For projects with only one owner and one parcel, provide the owner's name, tax identification number,
address and phone number in the space provided below:
Owner's Name
Parcel Tax 10 Number
Owner's Address
Phone
For project sites with more than one parcel to be acquired jointly with FCT, the applicant must complete the
Acquisition Plan on page 5.
The use of condemnation or the threat of condemnation is not considered a voluntarily-negotiated transaction
and parcels acquired under these conditions do not qualify for acquisition or reimbursement under this program.
Form FCT-3 (Effective 2-21-05)
Page 2
^
It""~ "I~ ~ nr
April 25, 2006
Page 4 of 19
10. ESTIMATED PROJECT COSTS
"- Enter an amount on each line and round to the nearest hundred.
a. Land purchase price (estimated or actual) $
b. Acquisition costs (estimated or actual) $
Cost of certified survey(s). appraisal(s), appraisal review(s).
title report(s), title insurance premium(s). environmental audit(s)
and applicanfs acquisition agent(s) fees or commission.
c. Total Project Costs
[Add a. and b.]
$
11. AWARD AMOUNT AND MATCH
Dollar Amount
Percentage of Award
c. Total Project Costs [Add a. and b.]
(Should equaI10.c. above)
(1) The amount of any award or combination of awards to a local government or non-profit environmental
organization under any application or partnership application for any project(s) shall not exceed 10%
of the total Florida Forever funds advertised.
$
$
$
% (2 decimal places)
% (2 decimal places)
a. FCT grant award amount (1)
b. Match amount (2)
100.00%
(2) A 25% minimum match is required except for awards to counties with a population of 75.000 or fewer,
municipalities with a population of 10.000 or fewer. and qualified nonprofit environmental organizations
as defined in Rule 9K-7.002(24), FAC. Florida Forever funds cannot be used as match.
12. LOCAL GOVERNMENT POPULATION (for 100". award requests)
Population
Note: Use the latest estimate of resident POPulation from the most recent edition of Florida Estimates of
Population, as published by the Population Division, Bureau of Economic and Business Research,
University of Florida.
13. SOURCE OF MATCH
Check the appropriate response(s) below to indicate eligible source(s) of match:
Existing or future cash from the applicant
Value of real property owned by the applicant in a qualified pre-acquisition
Note: Include lands within the project site that were pre-acquired within 24 months prior to the
application deadline that are to be used as part of the match.
Cash or grant from regional, state or federal agency
Please specify source:
Cash from a private donation
Value of real property donated by the landowner in a documented bargain sale or donation
agreement.
Note: Include documentation letter from the owner.
Form FCT-3 (Effective 2-21-05)
Page 3
14. OTHER FUNDING SOURCES
Agenda Item No.1 OC
Aoril 25 2006
Page::> or 18
1
Have you applied for funding for acquisition for this project through another federal, regional or
state land acquisition program(s)?
If "Yes," provide the name(s) of the federal, regional, or state land acquisition program(s) to which you have applied
for funding.
Yes
No
15. SUPPLEMENTAL INFORMATION
Please provide the following supplemental infonTIation:
a. The Florida House of Representatives district number that includes the project site:
b. The Florida Senate district number that includes the project site:
c. The Regional Planning Council that includes the project site:
d. The Water Management District that includes the project site:
e. The name and address of the main newspaper that includes the area where the project site is located:
Name
Address
City
, FL
Zip Code
16. Community Profile
Provide the following for the local government applicant and/or for the community where the project is located
Note: Use approximate percentages.
If the project site is located in the unincorporated county - complete the following infonnation:
Existing land uses in the County are, _ percent residential land use, _ percent recreation/open space, _
percent industrial, _ percent commercial and _ percent agricultural.
If the site is located in an incorporated municipality - complete the fOllowing information:
The City is approximately _ percent built out.
Existing land uses in the City are, _ percent residential land use, _ percent recreation/open space, _
percent industrial, _ percent commercial and _ percent vacant.
Form FCT -3 (Effective 2-21-05)
Page 4
PROPOSED ACQUISITION PLAN
An acquisition plan is required for project sites with multiple parcels or owners to identify the priority parcel(s) and
the general acquisition order of other parcels to ensure that, in the event that all parcels cannot be acquired, the
purposes of the project can be achieved.
List the specific order in which the parcels in the project will be acquired. Acquisition of the project site will begin
with the priority 1 parcel(s). Parcels may be grouped by priority and more than one parcel may be categorized as
priority 1, 2, 3, etc. If all of the parcels are of equal priority and acquiring any of the parcels will achieve the
purposes of the project, categorize all as priority 1.
Note: All parcels categorized as top priority parcels must have a willing owner letter provided as Exhibit 0 as
described on the list of Required Exhibits.
Priority OWner's Name
Parcel Tax ID Number
Owner's Address
Phone
Additional Comments:
Note: The use of condemnation or the threat of condemnation is not considered a voluntarlly-negotiated
transaction and parcels acquired under these conditions do not qualify for acquisition or reimbursement under
this program.
Form FCT.3 (Effective 2-21-05)
PageS
PROJECT SUMMARY
In the space below:
1. Provide a discussion of the purposes of the project, existing and future uses, existing and proposed physical
improvements, natural and historic resources, and resource protection and enhancement activities.
Form FCT-3 (Effective 2-21-05)
Page 6
PROJECT EVALUATION CRITERIA
Agenda Item No. 10C
April 25, 2006
Page 8 of 19
. -Answer the following questions, if applicable to the proposed project. Where requested, provide references to the local
;omprehensive plan, support documentation or Exhibits A through P.
Note: Provide a response to each of the fOllowing criteria, either check Y8$ or No. If the answer to a criterion is
checked "No," move to the next question. If checked Yes, provide a response as appropriate, limit your
written response to no more than ~ page. Any criterion that Is not addressed or is left blank will not be
evaluated and no points will be awarded.
(1) GENERAL CRITERIA SECTION
(a) Pre-acquired parcels
Check yes to only one of the following, If applicable:
1. Has a portion of the project site been pre-acquired by the applicant within 24 months prior to the
application deadline? (5 points)
If yes, provide a copy of the closing statement in Exhibit P.
Yes
No
2. Has the entire project site been pre-acquired by the applicant within 24 months prior to the
application deadline? (10 points)
If yes, provide a copy of the closing statement in Exhibit P.
Yes
No
(b) Is the project site part of a phased project that was previously selected for funding by FCT?
Yes
No
(5 points)
If Y8$, identify the project number of the previously funded FCT project and describe the phased nature of the
project.
(c) The applicant is committed to providing:
Check yes to only one of the following, If applicable:
1. A match of 40 to 49% of the total project costs. (10 points) Yes No
2. A match of 50 to 54% of the total project costs. (20 points) Yes No
3. A match of 55% or more of the total project costs. (25 points) Yes No
(d) Is this the applicant's first application to FCT or has the applicant submitted previous application(s) Yes No
none of which were either funded or if funded, no parcels were ever acquired? (5 points)
Note: In the case of a partnership application, refer to the Application Instruction Guide.
(e) Will the project provide an alternative to the fee simple acquisition of land through the acquisition of Yes No
conservation easement(s)? (5 points)
If yes, locate the proposed area to be acquired in less than fee on Exhibit D, discuss the type and purpose of the
conservation easement and provide a letter from the owner expressing his Willingness to sell a conservation
easement over the parcel.
Form FCT-3 (Effective 2-21-05)
Page 7
.I
(f) Will the project acquire inholding parcels within or adjacent to existing publicly owned conserva~t~on or~ i~t~ ~
recreation lands? (5 pOInts)
Note: "Inholding" means a parcel(s) that is within or adjacent to publicly owned conservation or recreation lands that
when acquired will assist in completing the overall project boundary and improve management of the adjacent publicly
owned lands. The parcel(s) is relatively small in comparison with the overall publicly owned lands.
If yes, provide an exhibft that shows the inholding parcel(s) and the existing publicly owned lands and discuss how
acquisition of the site will assist in the completion of the overall project.
(g) Neighborhood access. The project site is accessible by an existing sidewalk or will be connected to No
an adjacent sidewalk within the next 2 years. (5 points)
If yes, show the location of the existing or proposed sidewalks on Exhibit K and I. Discuss how the sidewalk will
connect the project site to the surrounding neighborhood. If the sidewalk is proposed, include a commitment to
construct the sidewalk within 2 years.
(2) OUTDOOR RECREATION, NATURAL AND CULTURAL RESOURCES SECTION
This section identifies whether acquisition of the project site furthers the provision of outdoor recreation facilities and open
space and the preservation of natural and cultural resources. All proposed recreation facilities are required to be designed
with as minimal disturbance as possible to natural resources on the project site.
(a) Outdoor Recreation and Open Space
1. Will the project provide outdoor recreation areas or open space adjacent to existing publicly-owned Yes No I
upland areas, such as existing parks, museums, schools, libraries, or public affordable housing?
(5 points)
If yes, identify adjacent existing publicly-owned upland area and locate the parcel on Exhibft K or other appropriate
exhibit. Discuss how the adjacent parcel will be linked with the project site and how the proposed recreation or open
space area will enhance the adjacent publicly-owned land.
2. Will the project include two or more resource-based outdoor recreation facilities, such as a nature Yes
trail, picnic pavilion, fishing pier, wildlife observation platform, or canoe dock? (5 points)
No
If yes, describe what resource-based facilities will be provided. Show the proposed facilities on Exhibit K.
3. Will the project include two or more user-oriented outdoor recreation facilities, such as playgrounds, tt' Yes No 1.1
basketball courts, tennis courts, bocci ball courts, shuffleboard courts, or volleyball courts either on the I
project site or located within 1,000 feet of the project site on adjacently publicly-owned lands? (5 points) I
If yes, describe what user-oriented facilities will be provided. Show the proposed facilities on Exhibit K. .
4. Will the project provide access facilities to an open water shoreline or beach, such as a fishing pier, Yes No I
observation platform, dock or dune walkover, and be managed for recreation uses? (5 points)
If yes, describe what shoreline access facility will be provided and discuss how it will be managed for recreation use.
Show the proposed facility on Exhibit K.
5. Will the project further outdoor recreation or open space in an urban area?
a. Is the project site located within an existing urban service area, as defined in Rule 9K-7.002(40), Yes
FAC. (5 points)
No
If yes, describe the existing urban service area. Provide any relevant maps that support the response.
,
I
Form FCT-3 (Effective 2-21-05)
Page 8
. -
Agenda Item No 10C
April 25, 2006
Page 1 0 of 19
b. Is the project site located within an urban service area and also within Yz mile of a built-up Ves No
commercial or high density mixed-use urban area. (5points)
"yes, describe the land use within ~ mile of the site. Provide any relevant maps that support the response.
Note: to qualify for this criterion, criterion 5.a should have also been answered yes. If the project site Is located In a
built-up commercial or high density mixed use area, criteria 5.b and 5.c should be answered yes.
c. Is the project site located within an urban service area and also within a built-up commercial or high Ves No
density mixed use area. (5 points)
"yes, describe the land use surrounding the site. Provide any relevant maps that support the response.
Note: To qualify for this criterion, criteria 5.a. and 5.b. should have also been answered yes. .
(b) Recreational Trail Systems and Greenways
1. Will the project include new or enhanced land-based nature, bike or equestrian trails that are at least % Ves No
mile in length? (5 points)
If yes, identify the proposed trail system on the project site and show on Exhibit K
2. Will the project enhance or connect local, regional or statewide land-based recreational trail systems by Yes No
extending an existing trail system or by providing trailhead or trailside facilities? (5 points)
If yes, identify the local, regional or statewide trail network and discuss how the project will enhance the system.
Provide a map of the trail system. Note: A recreational trail system does not include canoe trails, sidewalks, bike lanes
on the road.
3. Will the project enhance or connect a local, regional or statewide network of greenways by expanding Ves No
existing ecological corridors, such as wildlife corridors. (5 points)
If yes, identify the local, regional or statewide network of ecological corridors and discuss how the project will enhance
the network. Provide a map of the ecological corridor or wildlife corridor network. Note: An ecological corridor or
wildlife corridor does not include canoe trails.
4. Will the project further a locally adopted ecological corridor or land-based recreational trail system Ves No I
plan for the community? (5 pOints)
If yes, provide a copy or a portion of the greenway or recreational trail plan, including a map of the greenway or trail
network.
(c) Educational Opportunities
1. Will the project site include an interpretive kiosk or interpretive signs intended to educate visitors about Ves No
the natural environment or unique history of the site? (5 points)
If yes, describe the interpretive educational signs to be provided.
2. Will the applicant provide at least 12 environmental or historical education classes or programs per year Ves No
at the project site conducted by trained educator(s) or resource professional(s)? (5 points)
If yes! identify who will be conducting the classes or programs, describe the classes or programs to be provided, and
the frequency of the planned programs.
I
13. Will the project site include a staffed nature center, museum building, or Neighborhood Recreation
Form FCT.3 (Effective 2-21"()5)
Page 9
Center to pr~vide year round educational classes or programming?
No
If yes, describe the proposed facility, the size of the proposed facility, and who wi" provide the programming.
Note: The facility should be a minimum of 1,000 square feet and no larger than 15,000 square feet.
(d) Natural and Biological Resources
1. Does the land cover on the project site consist of predominantly natural communities that have not been Yes No
impacted by human disturbance or alteration? (5 points)
"yes, describe the various natural communities on the project site, including the quality of the communities, and the
approximate acreage of each community. Describe the extent and acreage of the disturbances or afterations on the
project site. Note: Predominately natural equates to approximately 70% coverage.
2. Does the project site contain a Priority 1 or 2 Habitat Area as identified by the Florida Natural Areas Yes No
Inventory? (5 points)
"yes, provide a map and letter from the Florida Natural Areas Inventory that the project site contains either a Priority 1
or 2 Habitat Area.
3. Does the project site contain habitat recognized as typically suitable for one or more listed animal Yes No
species? (5 points)
If yes, describe the habitat on the project site and identify any listed species that may use the site as hebitat. Discuss
the present condition of the habitat, the approximate size of the habitat in acres and how it will be protected and
managed.
4. Does the project site contain critical habitat typically suitable for one or more listed animal species and is Yes N(
the site located in a Strategic Habitat Conservation Area, as identified by the Florida Fish and Wildlife
Conservation Commission? (5 points)
If yes, provide a map and letter from the Florida Fish and Wildlife Conservation Commission that the project site
contains a strategic Habitat Conservation Area.
(e) Landscaping or Restoration
1. Will a significant portion of the degraded or altered areas on the project site be landscaped with native Yes No
vegetation? (5 points)
If yes, discuss the scope of the landscaping effort, including the approximate acreage of landscaped area. Show the
approximate area identified for landscaping on the conceptual site plan, Exhibit K
2. Will a significant portion of the degraded or altered upland communities on the project site be restored to Yes No
a natural community? (5 points)
If yes, discuss the nature of the disturbance and the scope of the restoration effort, including the approximate acreage
of upland restoration. Show the approximate area identified for upland restoration on the conceptual site plan,
Exhibit K
3. Will a significant portion of the degraded or altered wetland communities on the project site be restored Yes No
to a natural community? (5 points)
If yes, discuss the nature of the disturbance and the scope of the restoration effort, including the approximate acreage
of wetland restoration. Show the approximate area identified for wet/and restoration on the conceptual site plan,
Exhibit K. I
Form FCT-3 (Effective 2-21-(5)
Page 10
(f) Water Quality
Ao"'nrl::1 lipm Nn 1 or.
April 25, 2006
. ,,-
/1. rd!::J'=' : "- v,
Will the quality of surface waters or current flooding problems occurring on adjacent land or land in close Ves No
proximity to the project site be improved by the installation of stormwater facilities on the project site that
provide wildlife habitat and/or open space in a park like setting? (5 points)
If yes, discuss the existing water quality or flooding problems. Describe the proposed storm water facilfty and how it will
be designed to provide wilidlife habitat and/or open space in a park like setting. Show the proposed facilities on
Exhibit K.
2. Will acquiring the project site protect an adjacent Outstanding Florida Water. as designated by the Yes No
Department of Environmental Protection? (5 points)
If yes. provide a map or other documentation showing that the boundary of the project site is located adjacent to an
Outstanding Florida Water.
3. Will acquiring the project site protect adjacent Class I Waters. as identified by the Department of Yes No
Environmental Protection. or is the project site in a locally designated welltield protection zone? (5 points)
If yes, provide a map or other documentation showing that the boundary of the project site is located adjacent to a
Class I Water or within a wellfield protection zone.
(g) Historic Resources
1. Does the project site contain, or is the project site within Y. mile of, a site listed in the Florida Master Yes No
Site File maintained by the Division of Historical Resources? (5 points)
If yes, identify the resource, its location and the Master Site File number.
2. Will acquiring the project site protect a resource on the project site that is listed on the Florida Master Yes No
Site File and also recognized by a local historic board or the Division of Historical Resources as being
historically significant at the local. regional or state level? (5 points)
If yes, identify the resource, its location on the project site and the Master Site File Number. Identify which
governmental agency, board or expert in the field identified the resource as being significant.
3. Will acquiring the project site protect a resource on the project site that is listed on the National Register Yes No
of Historic Places by the National Park Service? (5 points)
If yes. identify the resource and its location on the project site and document the National Register listing.
(3) COMMUNITY PLANNING SECTION
(a) Comprehensive Plan Implementation
For each of the following criteria that are furthered by the local comprehensive plan, cite no more than five (5) relevant
objectives or policies in each response. If the response to a criterion is "No. move to the next question. If the
response to a criterion is "Ves. cite the objective or policy number and paraphrase the plan directive, provide a brief
discussion of how acquiring the site will further the cited objective or policy and include a copy of the objective or policy in
Exhibit A. If a criterion addresses specific resources or facilities, they must be present on the project site in order for
points to be awarded. .
If the project site is located entirely in one local government jurisdiction, the local comprehensive plan of the jurisdiction
within which the project site is located shall be evaluated for scoring purposes. If the project site is located in two or more
jurisdictions. the local comprehensive plan of either jurisdiction shall be compared for compatibility and evaluated for
scoring purposes and if either jurisdiction's local comprehensive plan is furthered then points will be awarded.
Form FCT-3 (Effective 2-21-05)
Page 11
.
Anpnr'-' Itom 1,-, 1 n("
1 , Will the project provide acreage or outdoor recreational facilities necessary to maintain or improve ~~~~ L 5~f No
adopted levels of service standards established in the comprehensive plan for recreation? (5 poin r 3 I
Numeric cnation and summary of objectives or policies:
Summary of how the project furthers the objectives or policies:
2. Will the project further comprehensive plan directives that ensure acquisition of natural areas or open Yes No
space through public acquisition? (5 points)
Numeric citation and summary of objectives or pOlicies: I
!
Summary of how the project fulthers the objectives or policies:
3, Will the project further comprehensive plan directives to provide new or enhanced pUblic access to water Yes No
bodies or saltwater beaches? (5 points)
Numeric citation and summary of objectives or policies:
Summary of how the project furthers the objectives or policies:
4. Will the project further comprehensive plan directives that provide for creating new or enhanced Yes No
greenways or recreational trail systems? (5 pointsl-
Numeric cftation and summary of obj9Ctives or pOlicies:
Summa of how the fa 'ect furthers the ob 'ectives or licies:
ry
p ~
~
po
5. Will the project further comprehensive plan directives that ensure the preservation of natural Yes No
communities or listed animal species habitat? (5 points)
Numeric citation and summary of objectives or policies:
Summary of how the project furthers the objectives or policies:
16.
I
Will the project further comprehensive plan directives that provide for coordination between the local
government and other federal, state and local agencies or nonprofit organizations in managing natural
areas or open space? (5 points)
Yes
No
Numeric citation and summary of objectives or policies:
Summary of how the project furthers the objectives or policies:
7. Will the project further comprehensive plan directives to restore or enhance degraded natural areas Yes No
such as restoration of natural communities, restoration of natural hydrology or removal of non-native
vegetation? (5 points)
Numeric citation and summary of objectives or policies:
Summary of how the project furthers the objectives or policies:
Form FCT-3 (Effective 2-21-05)
Page 12
^ Itl'>m In 1 nr
8. Will the project further comprehensive plan directives that ensure the protection or enhancement of April ~ 5 ;y'sso1 No
surface or groundwater quality? (5 polnage 4 of 1
Numeric citation and summary of objectives or policies:
Summary of how the project furthers the objectives or policies:
9. Will the project further comprehensive plan directives that ensure the preservation of historical, cultural Yes No
. or archaeological features? Note: The site must contain a feature or have a high probability that a
feature is present on the site. (5 points)
Numeric citation and summary of objectives or policies:
Summary of how the project furthers the objectives or policies:
10. Is the project site located in an area that has been identified for redevelopment in the comprehensive Yes No
plan and has been locally designated as an urban infill, urban redevelopment or downtown revitalization
area as defined in Section 163.3164, F.S.? (5 points)
Numeric citation and summary of objectives or policies:
Summary of how the project furthers the objectives or policies:
(b) Hazard Mitigation
1. Flood Hazard Area. Is all or a portion of the project site located in a coastal high hazard area or a 100- Yes No
year flood plain? (5 points)
If yes, provide a map identifying the 100-year flood plain or coastal high hazard area and location of the project site or
show on Exhibit J.
2. Local Mitigation Strategy Priority. Is the project site located within an area identified in the County's Yes No
adopted Local Mitigation Strategy as a mitigation priority? (5 points)
If yes, provide a map or listing that identifies the mitigation priorities of the local government and a copy of the County's
Local Mitigation Strategy document. Discuss how the project will further the intent of the mitigation strategy.
3. Designated Brownfield Area. Will the project provide recreational opportunities or open space areas Yes No
within a state designated brownfield area? (5 points)
If yes, provide a map showing the boundary of the designated brownfield area and the location of the project site.
Discuss how the site contamination will be ramediated to allow for the provision of open space or outdoor recreation
activities. Discuss how the remediation will be completed prior to acquisition and the estimated costs and sources of
funding for remediation.
(c) Priority Investment Areas
Review each of the following statements and check all that apply to the project. Undocumented responses will not be
evaluated and points will not be awarded.
Will the project site provide new or enhanced outdoor recreation or open space within the following areas?
1. Front Porch Community. Is the project site located within an area designated as a Front Porch Yes No
I Community? (5 points)
Form FCT-3 (E1fec1ive 2-21-05)
Page 13
April 25, 2006
If yes, provide a map that identifies the boundary of the designated area and the location of the projfage 15 of 19
site.
2. Florida Main Street Community. Is the project site located within the boundary of an active Florida Main Yes N\,.
Street Community? (5 points)
"yes, provide a map that identifies the boundary of the designated area and the location of the project
site.
3. Eastward Ho! Corridor. Is the project site located within the boundary of the Eastward Hol Corridor, Yes No
pursuant to Executive Order 94-54, and as determined by the Department of Community Affairs?
(5 points)
If yes, provide a map that identifies the boundary of the designated area and the location of the project
site.
4. Waterfront Florida Community. Is the project site located within the boundary of a current or previously Yes No
designated Waterfront Florida Community? (5 points)
"yes, provide a map that identifies the boundary of the designated area and the location of the project
site.
5. Low Income Community. Is the project site located within a designated low-income community, as Yes No I
defined by Rule 9K-7.002(20), FAC.? (5 points)
If yes, provide a map that identifies the boundary of the designated area and the location of the project
site.
6. Rural Area of Critical Economic Concern. Is the project site located within a designated Rural Area of Yes No
Critical Economic Concern? (5 points)
If yes, provide a map that identifies the boundary of the designated area. I
7. Urban Redevelopment. Is the project site located within a locally designated urban intill, urban Yes No I
redevelopment or downtown revitalization area, as defined in Section 163.3164, F.S.? (5 points) I
If yes, provide a map that identifies the boundary of the designated area and the/ocation of the project
site.
8. Area of Critical State Concern. Is the project site located within an Area of Critical State Concern, as Yes No )
designated pursuant to Section 380.05, F.S.? (5 points)
i
If yes, provide a map that identifies the boundary of the designated area.
9. Rate of Growth Ordinance. Is the project site located within an area subject to an adopted Rate of Yes No
Growth Ordinance that has bee approved by the Department of Community Affairs? (5 points)
"yes, provide a map that identifies the boundary of the designated area.
10. Other Special Status Area. Is the project site located within or adjacent to the boundary of a state or Yes No
federally designated area not identified elsewhere in the application criteria that is intended to protect or
restore natural resources (e.g., Spring Protection Zone, Aquatic Preserve, Marine Sanctuary, American
Heritage River, National Estuary Program, etc.)? (5 points)
If yes, identify the special designation and provide a map that identifies the boundary of the designated
area and the location of the project site.
Agenda Item ~~o. 10C
Fonn FCT-3 (EffectIve 2-21-05)
Page 14
(4) PROJECT EXCELLENCE SECTION
AQenda Item No. 10C
April 25, 2006
Page 16 of 19
I Does the proposed project further or exemplify .project excellence" based on issues not adequately Yes No
addressed by the evaluation criteria, such as whether the proposed project exhibits strong community-
based support, possesses exemplary characteristics, assists an otherwise disadvantaged community, or
voluntarily helps resolve land use conflicts? (Up to 10 points)
"yes, describe how the project provides for other community needs in a manner that was not adequately evaluated by the
criteria established elsewhere in this application. Include documentation, if needed.
Form FCT-3 (Effective 2-21-05)
Page 15.
Agenda Item NO.1 OC
REQUIRED EXHIBITS April 25,2006
Page 17 of 19
Each of the following exhibits is required to be submitted with the grant application. Provide a label and tab for each
exhibit. Please ensure that all exhibits are legible and of an appropriate scale. If two or more exhibits are consolidated,
make sure this is reflected on the exhibit label. If a specific exhibit is not applicable, include an exhibit page with a
statement that it is "Not Applicable." Locate the exhibits behind the project evaluation criteria section of the application.
A. A copy of each local comprehensive plan objective and policy cited in the grant application that applies to the project
site. Please highlight or underline the applicable plan directive being referenced.
B. A copy of all proposed local comprehensive plan amendments cited in the grant application that apply to the project.
C. A United States Geological Survey 7%-minute quadrangle map with the project site location clearly delineated.
D. A county property appraiser's tax map delineating the project site boundary, access points, names of property
owners, parcel tax identification numbers, and ownership boundaries using an appropriate scale.
E. An aerial photograph at 1 inch = 2,000 feet or greater detail, with the project site boundary clearly delineated.
F. A map that depicts natural communities found on the project site, utilizing the classification system identified in the
Florida Natural Areas Inventory publication "Guide to the Natural Communities of Florida" or other appropriate
classification system. Clearly delineate the project site boundary and include the approximate acreage of each
natural community on the project site.
G. A map that identifies any existing physical improvements, alterations or disturbances occurring on the project site,
such as cleared areas, buildings, roads, fences, docks, power lines, billboards, borrow pits, etc. Clearly delineate the
project site boundary and include the approximate acreage of improvements or disturbed areas. Identify any existing
or proposed utility, road, or other easements or right-of-ways on the site.
H. A Future Land Use Map covering the project site and surrounding area that shows the location of the project site.
I. A map that identifies lands within a three-mile radius of the project site that are used for natural resource conservation
and outdoor recreation, such as parks, preserves, wildlife management areas, greenways. recreational trail systems,
etc. Clearly delineate the location of the project site on the map.
J. A map depicting the 1 OO-year floodplain, the coastal high-hazard area or a wellfield protection zone with the project
site boundary clearly delineated.
K. A conceptual site plan for the project that clearly delineates the project site boundary and shows the approximate
location of all proposed facilities and improvements on the site.
L. One set of labeled photographs of the project site, to be included in the original application, that documents on-
site features such as existing structures, disturbed areas, natural communities, and historical or archaeological
features. Include a legend that identifies the site location and subject matter of each photograph.
M. If applicable, evidence of status as a nonprofit environmental organization as defined in 9K-7.002(24). FAC.,
including documentation from the Intemal Revenue Service that the organization is recognized as a 501 (c)(3)
organization, a copy of the Bylaws, and a copy of the Articles of Incorporation.
N. If the applicant is a nonprofit environmental organization which anticipates being designated as the management
entity pursuant to 9K-7.003(7), F.A.C., the nonprofit environmental organization shall provide documentation that they
have established an endowment fund in an amount equal to ten percent of the project cost. The nonprofit
environmental organization shall also provide a guaranty or pledge by a Local Government, the Water Management
District, the Florida Division of Forestry, the Florida Fish and Wildlife Conservation Commission. or the Florida
Department of Environmental Protection which shall require the Local Government, the Water Management District or
the State agency to take over the responsibility for management of the Project Site in the event the Nonprofit
Environmental Organization is unable to.
O. Letter from the owner(s) of the top priority parcel(s) as identified in the Acquisition Plan for Joint Acquisition projects
or the key parcel(s) for Reimbursement Acquisition projects, indicating their willingness to consider an offer.
P. If a Project Site is Pre-acquired, the applicant shall provide copies of a signed closing statement for each Pre-acquired
parcel. If a closing statement is not available at the time of the application submittal then a copy of the contract for
Form FCT-3 (Effective 2-21-05)
Page 16
Agenda Item NO.1 OC
each of the Pre-acquired parcels shall be provided and a copy of the closing statements shall be pr~itraOOf:4
days after the application deadline. Also, provide a statement that condemnation or threat of cdffl:DmYMtfoW
was not used to acquire th~ parcel(s).
., ---
Fonn FCT-3 (BfectJve 2-21"()5)
Pagf 17
Aaenda Item No.1 OC
~ April 25, 2006
Page 19 of 19
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
10C
Meeting Date:
Approve a request for permission to apply for a Florida Communities Trust Florida Forever
Grant in the estimated amount of $9.9 million for reimbursement for the purchase of the lands
surrounding the Naples Zoo. (Marla Ramsey, Administrator, Public Services)
4/25/2006 9:0000 AM
Approved By
Kathy Carpenter
Executive Secretary
Date
Public Services
Public Services Admin.
4/12120063:12 PM
Approved By
Marlene J. Foord
Grants Coordinator
Date
Administrative Services
Administrative Services Admin.
4/13/20069:28 AM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
4/17120068:49 AM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
4118120066:44 PM
Agenda Item NO.1 00
April 25,2006
Page 1 of 13
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve an award of $250,000
from ad valorem reserve in support of the stormwater drainage component of City of
Naples' Solana/Burning Tree Drive improvements
OBJECTIVE: That the Board of County Commissioners approve an award of $250,000 from
ad valorem reserve in support of the stormwater drainage component of City of Naples' Solana/
Burning Tree Drive improvements.
CONSIDERATIONS: The County, the City and the Big Cypress Basin cooperatively
conducted the Gordon River Basin Study. Thus far, the County has, or is, undertaking
improvements to implement the plan, including piping of drainage from the Goodlette-Frank
Road stormwater drainage to allow the roadside canal to handle run off from adjoining
properties, development of the Fleischmann Water Quality Park, the Twin Lakes improvements
and Granada Boulevard improvements.
The City of Naples in meeting its obligation under the annexation of the Royal Poinciana
Country Club will be undertaking improvements to Solana/Burning Tree to reorient the entrance
to Royal Poinciana Country Club off of Goodlette-Frank Road. The signal on Goodlette-Frank
Road at the current entrance to Royal Poinciana Country Club is being removed this summer.
As part of their improvements, the City is seeking to incorporate drainage improvements and
have a bid of $1,034,705 for box culvert construction to replace the northside swale. The City
has recently requested $250,000 from the County in support of their effort.
Stormwater utility funding is encumbered, or committed; and, therefore, ad valorem reserve
funding is being sought to further partner with the City on their Solana/Burning Tree project.
Through lnterlocal Agreements, the County has previously committed approximately $218,482
for the road improvements to Solana/Burning Tree.
FISCAL IMPACT: With stormwater utility funding encumbered, or committed, the request is
for $250,000 to be taken out of ad valorem reserve. A budget amendment is needed from ad
valorem reserves.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDA TION: That we continue our efforts to partner with the City of Naples by
providing this additional funding, which in this case will further City and County related
stormwater improvements within the Gordon River Basin. Approve any necessary budget
amendments.
.....'.,'""
Prepared By: Norman Feder, Administrator, Transportation Division
Item Number:
Item Summary:
Meeting Date:
Agenda Item NO.1 00
April 25, 2006
Page 2 of 13
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
100
Recommendation that the Board of County Commissioners approve an award of $250,000
from ad valorem reserve in support of the stormwater drainage component of City of Naples'
Solana/Burning Tree Drive improvements. (Norman Feder. Administrator, Transportation
Services)
4/25/20069:00:00 AM
Prepared By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Transportation Services Admin.
4/19/20069:22:57 AM
Approved By
Allen R. Ruth, P.E.
Transportation Services
Senior Project Manager
Date
Transportation Engineering and
Construction
4/19/20069:30 AM
Approved By
Lisa Taylor
Transportation Services
Management/Budget Analyst
Date
Transportation Administration
4/19/200610:09 AM
Approved By
Pat Lehnhard
Transportation Services
Executive Secretary
Date
Transportation Services Admin
4/19/200610:14 AM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
4/19/200612:37 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
4/19/20061:26 PM
.-t..,:~l,\:;.~~{-,::-';"-- . ~""
Agenda Item No. 100
Agenda tOOIil Na, ?B~6
OctotFe~'~~~@053
Page 1 of 11
.
EXECUTfVES~ARY
Recommendation that the Board approve, and authorize its Chairman to sign, an
Interlocal Agreement with the City of Naples with respect to the County's
Goodlette-Frank Road Project with a cost to the County of $118,482.00.
OBJECTIVE: To obtain Board approval of an lnterlocal Agreement with the City of
Naples. .
.
CONSIDERATION: Pursuant to a May 2005 Interlocal Settlement Agreement, the
County agreed that (1) as part of its Goodlette-Frank Road Project from Golden Gate
Parkway to south of Pine Ridge Road (the "Project"), it would provide all needed
transportation improvements on Burning Tree Road in order to add a three-lane section
extending 300 feet east of Goodlette-Frank Road; and (2) it would assist the City in the
completion of the City's Burning Tree Road Project by providing funding in the amount
of $100,000, which has been paid. Given the terms of this Settlement Agreement,
together with the need for the Project to relocate one of the City's reclaimed water lines,
the parties have agreed to the following:
1. The traffic light at the intersection of Goodlette-Frank Road and Royal Poinciana
Drive will be removed by the County in or around July 2006 at the County's expense.
2. The COlUlty will fund the design, construction and all other costs associated with
relocating approximately 9,720 linear feet of the City's 24-inch reclaimed water line.
3. The City will fund the construction of relocating approximately 165 linear feet of a
City I2-inch water main; 125 linear feet of a City 20 inch force main; and 94 linear feet
of a City six-inch force main. The County will fund the design and CEl (construction,
engineering and inspection) costs of these relocations.
4. The City will fund a construction contract change order to provide steel casings for
future water main road crossings, with sizes and locations to be determined.
5. The City will fnnd the design, construction and all other costs associated with
upgrading approximately 1,300 linear feet of Burning Tree Drive east of Goodlette-Frank
Road consistent with the City's prior commitment to Royal Poinciana Country Club,
except that the County will fund a portion of this construction equivalent to the cost of a
three-lane section for 300 linear feet east of the intersection of Goodlette-Frank Road.
The work to be done by the City shall be done in such a way as to not impact the Project.
FISCAL IMPACT: Items 1, 2, and 3 under considerations have prior funding in
existing design, construction and eEl contracts. The commitment to fund the county's
portion of item # 5 under considerations is $118,482. A budget amendment is needed to
transfer gas tax funds from reserves into the project. Source of funds are gas tax reserves.
.
GROWTH MANAGEMENT IMPACT: There is no Growth Management associated
with this Executive Summary.
."
~
J
Item No. 100
Agenda lfWJ;ilMt?, fW.AJ6
Octob5'fi~~. '26%cl3
Page 2 of 11
RECOMMENDATION: That the Board of County Commissioners approves the
attached Interlocal Agreement, and authorize the Chairman to execute the Interlocal
Agreement on behalf of the County following approval of the Agreement by the City of
Naples and approve the necessary budget amendment.
Prepared by: Jeff Klatzkow, Assistant County Attorney
Attachment: InterlocaJ Agreement
.
Item Number:
11IIm Summaty:
",..ling Dole:
Aoendaltom No. 10A
. Oelob", 25. 2005
Page 3 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
lOA
R&q1J&Cl1ht! BOArd apptOve, enC authorize its Chairman to sign, an Intenocal Agreemenl'Nith
the City of Nsples with respect 'to the County's Goodlet1l8~Frank Road P(ojee:t (Norman
Feder, Acimmlstralor, Transportllion Services)
10/25/20059:00:00 AM
D.1e
Pr~p.rl!.41 By
JttflKlortzk.ow
County Attorney
AniitBnt County Anomey
County Attorney Office
1/141200611:10:47 AM
00..
App"ClY~ By
Jefl' Klatzkow
COIlf"1ty Attonwy
.nmunt County AttD~Y
County AttOrtldy Orne.
9/14/200$ 11 :4.2 AM
Do",
Appro\'ed By
Sharon Newm.n
TraMport8tion S.rvices
At;countmg Supervisor
TroHlspofU,tion Service'J Admin
9/14f2005 11:58 AM
0...
Ap,roved By
UN Tavfor
Tl1lospqrtation ServtCe5
Managl1rnenlJ'Bodgot Analy!:1:
Tranlporutlon AdminlstrlUon
er141200S 2:1S PM
Do..
Approved 87
Eugene CalV\'l'rt
T ransponations Services
P rintipal Project Manaper
TramlportJtion En$Jin~rmg end
Conluuctlol'\ Mana~mf!nl
9/14(2005 2:12 PM
0...
Approved By
N&j~h Ahmad
Transportation Services
Director
Tt.n5lpD~tion Engil1Hlrinf} ..
Construction MilIni!lQt!rrHll'1t
9114120& 2.:24 PM
Oat.
Apprbwd B1
Norm' E. Feder. AICP
transportation Services
Transportation Dn'i$iol1 Admjni~lr8'or
Transportfttion Services Admin.
ttUt2005 Z:Zi P'M
00,.
.
Approved By
Pat Lel1nN:rd
Date
Tnmsportatioll Service5.
Approved By
OMS CODrdmator
County Manager's. OffiCI!
~ecutive S&Cfetary
Tran$ponalion $l"lrvlcu Admin
$/14/200$ 3:03 PM
AdmlnistraH~ Ass1.tanl
OffIC& of Managemen1 a. Budget
9f1Sf:!,OO5 8;1t AM
Date
Approved By
Mir;hBli!1 Smyll.owskl
County Manaper'$ Ofrlce
Management & Budvat' Dlreetor'
OfTic" 0' Management & Bud~
9'19/2005 10:20 AM
Date
A pprov~ P,.
James V. Mudd
Board of County
COnlmIG:Gionerr;
County Mal1OJ{f8r
County Man4lger's Office
9/20,'20059:15 PM
.
Agenda Item NO.1 00
April 25, 2006
Page 5 of 13
Agenda Item No. 100
Agenda 10000i It-ia. , 1IDQ6
Octob-gfi~~, ~6t59 3
Page 4 of 11
INTERLOCAL AGREEMENT BETWEEN
COLLIER COUNTY AND THE CITY OF NAPLES REGARDING THE
GOODLETTE-FRANK ROAD CONSTRUCTION PROJECT
.
THIS INTERLOCAL AGREEMENT ("Agreement") is made and entered into as of
this
day of
, 2005, by and between Collier County, Florida
("County") and the City of Naples, Florida ("City").
RECITALS:
WHEREAS, pursuant to a May 2005 lnterlocal Settlement Agreement, recorded at
Book 3806, Page 2591, et seq., of the Official Records of Collier County, County agreed
that, as part of its Goodlette-Frank Road Project from Golden Gate Parkway to south of Pine
Ridge Road (the "Project"), it would provide all needed transportation improvements on
Burning Tree Road in order to add a three-lane section extending 300 feet east of Goodlette- .
Frank Road; and
WHEREAS, pursuant to this same lnterlocal Settlement Agreement, County further
agreed to assist the City in the completion of the City's Burning Tree Road Project by
providing funding in the amount of $100,000, of which the City acknowledges receipt; and
WHEREAS, the Project will require the relocation of one of the City's reclaimed
water lines.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1. All of the above RECITALS are hereby expressly incorporated herein by
reference as if set forth fully below.
.
100
.
.
.
Agenda Item NO.1 00
Agenda IfAffiiN1?,~6
OctobF~ 26tl5' 3
Page 5 of 11
2.
The traffic light at the intersection of Goodlette-Frank Road and Royal
Poinciana Drive will be removed by the County in or around July 2006 at the County's
expense, with time not of the essence.
3. The County will fund the design, construction and all other costs associated
with relocating approximately 9,720 linear feet of the City's 24-inch reclaimed water line.
4. The City will fund the construction of relocating approximately 165 linear feet
of a City 12-inch water main; 125 linear feet of a City 20 inch force main; and 94 linear feet
of a City six.inch force main. The County will fund the design and CEI (construction,
engineering and inspection) costs of these relocations.
5. The City will fund a construction contract change order to provide steel
casings for future water main road crossings, with sizes and locations to be determined.
6.
The City will fund the design, construction and all other costs associated with
upgrading approximately 1,300 lineal feet of Burning Tree Drive east of Goodlette-Frank
Road consistent with the City's prior commitment to Royal Poinciana Country Club, except
that the Countywill fund a portion of this construction equivalent to the cost of a three~lane
section for 300 lineal feet east of the intersection of Goodlette-Frank Road. The work to be
done by the City shall be done in such as way as to not impact the Project.
7. With respect to the subject matter herein, this Agreement is the entire
agreement between the parties, superseding all previous oral and written representations,
understandings, and agreements between the parties. This Agreement can only be changed
by a writing signed by both parties. The County shall record this Agreement at its sole cost
in the Public Records of Collier County.
2 on
Agenda Item No. 100
Agenda If~il~t5,~~~
October 25~805
Page 6 of 11
8.
This Agreement shall be governed by and construed under the laws of State of
.
Florida. The prevailing party in any litigation concerning this Agreement shall be entitled to
recover reasonable court costs and attorney fees incurred in any such action.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
ATTEST:
CITY COUNCIL OF THE
CITY OF NAPLES, FLORlDA
, City Clerk
By:
BILL BARNETT, MAYOR
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
.
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
Approved as to form
and legal sufficiency:
Approved as to form and
legal sufficiency:
Jeffrey A. Klatzkow
Assistant County Attorney
Robert D. Pritt, City Attorney
.
30f3
.
.
.
3625607 OR: 3806 PG: 2591 Agenda ItemNo. 100
JAgenda ~,~.OO
UCORDBD in the OlPICIAL RlCORDS of COLLIIR CODifY, 1L OctcOObS. 20051 ~. DO
OS/24/2005 It 03:4ZPIl DkIGHT I. Sloel, CLllI Page 7 of 11
letn:
CtlRI TO 'HI BOARD
IITBROlfICI .fH fLOOR
IU 7240
INTER-LOCAL SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN
COLLIER COUNTY WITH THE CITY OF NAPLES
THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE (hereinafter referred
to as the "Agreement and Release") is entered into and made on the date when it has been
executed by the last of the parties to sign it, by and between Collier County (hereinafter referred
to as "the County"), a political subdivision of the State of Florida and the City of Naples, a
Florida municipal corporation, (hereinafter referred to as "the City").
WIT N E SSE T H:
WHEREAS, the County filed a Petition for formal administrative hearing with the
WHEREAS, the County and the City desire to reduce their settlement to a writing so that
it shall be binding upon them as well as their respective owners, principals, elected officials,
officers, employees, ex-employees, agents, attorneys, representatives, insurers, spouses,
successors, assigns, heirs grantees and affiliates.
NOW, THEREFORE, in consideration of the mutual covenants, promises and
consideratioR set forth in this Agreement and Release, and with the intent to be legally bound,
the County and the City agree as follows:
Page 2
SettlemeDt Agreement & Release
OR: 3~Jtt.I~~4' 10~
Octo~er~2~3
Page 8 of 11
1.
Collier County, as part of its Goodlette-Frank Project from Golden Gate Parkway
.
to south of Pine Ridge Road, will provide all needed transportation improvements on Burning
Tree Road to add a three.lane section extending 300 feet east of Goodlette - Frank Road.
2. The County further agrees to provide funding in the amount of $100,000.00 to
assist the City in the completion of the City's Burning Tree Road Project. This funding will be
paid to the City within 15 days after the Board of County Commissioners approves the
agreement.
3. The City will withdraw its motion for attorney fees in this Case.
acknowledged, the County
.
4.
5. In consideration of
o
consideration as enumerated i thi
or nature whatsoever that they have asserted or could have asserted against any other of them
that arise from or relate to or refer to in any way to the Case, whether directly or indirectly, with
the express exception of an action to enforce this Agreement and/or the terms contained herein.
6. The County and the City acknowledge and agree that this Agreement and Release
is intended to and shall be binding upon their respective owners, principals, officials, officers,
employees, ex-employees, agents, attorneys, representatives, insurers, successors, assigns,
spouses, heirs and affiliates.
.
2
.
.
.
Page 3
Settlement Agreement & Release
OR: 3~~~'~~~
Octo~~~3
Page 9 of 11
7.
The County and the City recognize and acknowledge that this Agreement and
Release memorializes and states a settlement of disputed claims and nothing in this Agreement
and Release shall be construed to be an admission of any kind, whether of faultt liability t or of a
particular policy or procedure, on the part of the County or the City.
8. The County and the City acknowledge and agree that this Agreement and Release
is the product of mutual negotiation and no doubtful or ambiguous language or provision in this
Agreement and Release is to be construed against any party based upon a claim that the party
drafted the ambiguous provision or language or that the party was intended to be benefited by the
ambiguous provision Of language.
9.
specifically referring to this A
this Agreement and Release.
10. In the event 0
the City agree that all underly'
performance of its terms and conditions; or for any damages arising from the breach. In this
regard, the County and the City further agree that the sole venue for any such action shall be in
the Twentieth Judicial Circuit Court of Floridat Oft if that Court refuses to accept jurisdiction
thereover, a Court of competent jurisdiction.
11. The laws of the State of Florida shall govern this Agreement and Release.
12. If any action or proceeding is commenced with regard to the subject marter of this
Settlement Agreement and Mutual Release, then the prevailing party in such action or
3
Page 4
Settlement Agreement & Release
OR: 3~:mrl~'~~
Octo~~bu513
Page 10 of 11
proceeding shall be entitled to have its reasonable attorney's fees and costs incurred in said .
action or proceeding promptly reimbursed by the non-prevailing party.
13. The parties further agree that time is of the essence in all respects regarding this
Settlement Agreement and Mutual Release.
14. The parties agree that this Settlement Agreement and Mutual Release and any and
all other documents in connection with the settlement of this matter may be executed in
counterparts. each of which' shall be deemed an original but all of which taken together shall
constitute but one and the same instrument. Furthermore. the parties agree that a facsimile copy
Settlement Agreement and Mu
CITY OF NAPLES:
.
Tara A. Norman, City Clerk
(Print)
Date: 5"'" ~-(')S"
.
4
.
.
.
Page S
Settlement Agreement & Release
Agenda Item NO.1 00
t** OR: 38Qdd~~i~~t*
~c~.gli~513
Page 11 of 11
COLLIER COUNTY:
ATIEST:
....r- ,Ij....
DWIG~;r ~<J).~~~$, Clerk of
Courts'pfCollier t;o}.Ulty, Florida
:."'!" . .... -
BOARD OF COUNTY COMMISSIONERS
OF COL~COUNTY, FLORIDA
B W.~
y:
FRED W. COYLE, Chai
May 10, 2005
By.:
: ;.. ~pi.rtyift\Wij .l' to Chi 1 rwn . s
...., . "., . Sj~' 0111.
Date'r~.~'..'." .... Q:ooS
~ ;...';: . ;" ~' '; ~:.
Date:
Approved as to form and legal
0~
ueline Williams Hubbar
. stant County Attorney
5
Agenda Item No. 12A
April 25, 2006
Page 1 of 9
--
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners adopt a Resolution
calling for a Referendum Election on November 7, 2006 to determine whether the
voters approve continuing the levy of an ad valorem tax not exceeding .25 mil
through the year 2013 (with the total sum to be limited in any event to $198 million
inclusive of all sums collected to date) to continue to fund the Conservation Collier
Program's acquisition and management of environmentally sensitive lands.
OBJECTIVE: For the Board of County Commissioners to adopt a resolution calling for
a referendum election on November 7, 2006 to determine whether the voters approve
continuing the levy of an ad valorem tax not exceeding .25 mil through the year 2013
(with the total sum to be limited in any event to $198 million inclusive of all sums
collected to date) to continue to fund the Conservation Collier Program's acquisition and
management of environmentally sensitive lands.
.-
CONSIDERATIONS: On November 5,2002, the voters of Collier County authorized
the County to levy an additional ad valorem tax not exceeding .25 mil for up to ten (10)
years and to issue up to $75 million dollars worth oflimited tax general obligation bonds
to finance acquisition and management of environmentally sensitive lands for the
protection of water resources, wildlife habitat, and public open space in perpetuity for
purposes of the Conservation Collier Program. On December 3, 2002, the County
adopted Ordinance No. 2002-63, sometimes known as the Conservation Collier
Implementation Ordinance, for purposes of further establishing the Conservation Collier
Program.
After the Conservation Collier Program was established and acquisition of
environmentally sensitive lands for the Program commenced, questions arose as to
whether the voters intended that the Conservation Collier Program be limited to the
expenditure of the $75 million dollar bond issue for the acquisition of environmentally
sensitive lands. At a public workshop on December 6, 2004, the Board generally
determined that it would be in the best interest of the Conservation Collier Program and
the public to let the electorate decide whether they would be subject to a continuing levy
of up to .25 mil ad valorem tax to acquire and manage environmentally sensitive lands
through the Conservation Collier Program even after the $75 million dollar bond issue
had been spent and after certain management costs for the Conservation Collier Program
were defrayed. Thus, the County Manager and the Office of the County Attorney were
directed to prepare an appropriate ballot question for the 2006 election.
At the February 14, 2006 Board meeting, the Board further directed that the ballot
language contain a clear "cap" on the amount to be collected by the levy. Attached to
this Executive Summary is a proposed Resolution to place such a ballot question with a
"cap" before the voters on November 7, 2006. The Board may wish to note that the
Conservation Collier Land Acquisition Committee ("CCLAC") recommended a $198
million cap based on projected total revenue through the ten (10) years of the levy. The
-.
1
Agenda Item No. 12A
April 25, 2006
Page 2 of 9
CCLAC also recommended, as an alternative, simply asking the voters to proceed with
the levy through 2013 without any cap.
In considering the adoption of this Resolution, and the ballot question, the Board may
wish to keep the following points in mind:
1. A vote of "Yes" by a majority of the voters would mean that a majority of
the voters desire to continue to finance the Conservation Collier Program
and its acquisition and management of environmentally sensitive lands
through the levy of up to a.25 mil ad valorem tax through the year 2013
subject to a cap of $198 million on all sums collected through the 10
year life of the levy.
2. This ballot is in the nature of a "straw ballot" to understand the desires of
the voters. Thus, the Board remains free to set its millage in accordance
with the annual budgeting process irrespective of the final outcome of the
ballot question. (In this regard, Section 200.181, Fla. Stat., allows the
County to levy voted millage at the maximum millage rate approved by
referendum for bonds even if the levy would raise revenue in excess of
that necessary for debt service on the bonds. The County may use this
surplus for any lawful purpose solely related to the capital project for
which the voted millage was approved, including operations and
maintenance, but this millage must be treated as general millage and
included within millage levied by the County under its lO-millimitation.)
3. This ballot question does not, as it is currently worded, authorize the
County to issue additional bonds for the purposes of financing the
Conservation Collier Program's acquisition and management of
environmentally sensitive lands.
4. As of April 10, 2006, approximately $60,549,033 has been spent or
committed for the acquisition and management of environmentally
sensitive lands through the Conservation Collier Program.
5. The Conservation Collier Land Acquisition Advisory Committee has
approved the proposed ballot language after discussion with staff of the
fact that the ballot would not authorize additional bonding.
FISCAL IMPACT: The fiscal impact to the County will be minimal and limited to the
cost of advertising and translation of the ballot language at $.25 per word.
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this Executive Summary.
<.....-
RECOMMENDATION: That the Board approve the attached resolution for a
referendum election to be held on November 7, 2006 to determine whether the voters
2
Agenda Item No. 12A
April 25, 2006
Page 3 of 9
wish to continue to be subject to the levy of an ad valorem tax not exceeding .25 mil
through the year 2013 (with the total sum to be limited in any event to $198 million
inclusive of all sums previously collected) for the purposes of continuing to fund the
Conservation Collier Program's acquisition and management of environmentally
sensitive lands.
PREPARED BY: Michael W. Pettit, Chief Assistant County Attorney
publiclbcc agenda items/042506/exec sum.cons collier referendum reso.
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Agenda Item No. 12A
April 25, 2006
Page 4 of 9
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
12A
Item Summary:
Recommendation that the Board of County Commissioners adopt a Resolution calling for a
Referendum Election on November 7, 2006 to determine whether the voters approve
continuing the levy of an ad valorem tax not exceeding .25 mil through the year 2013 (with
the total sum to be limited in any event to $198 million inclusive of all sums collected to date)
to continue to fund the Conservation Collier Programs acquisition and management of
environmentally sensitive lands.
Meeting Date:
4/25/2006 9:0000 AM
Prepared By
Michael Pettit
Chief Assistant County Attorney
Date
County Attorney
County Attorney Office
4113120062:03:28 PM
Approved By
David C. Weigel
County Attorney
Date
County Attorney
County Attorney Office
4/13/20062:04 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/13/20064:13 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/13/20064:42 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/13/20065:25 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
4/14/20066:18 PM
RESOLUTION NO. 2006-
Agenda Item No, 12A
April 25, 2006
Page 5 of 9
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
THE COUNTY OF COLLIER, FLORIDA, ORDERING AND CALLING A
REFERENDUM ELECTION TO BE HELD ON NOVEMBER 7, 2006,
WITHIN COLLIER COUNTY, TO DETERMINE IF THE ELECTORS OF
THE COUNTY OF COLLIER, FLORIDA APPROVE CONTINUING THE
LEVY OF AN AD VALOREM TAX NOT EXCEEDING .25 MIL
THROUGH THE YEAR 2013 FOR THE PURPOSE OF CONTINUING TO
FUND THE CONSERVATION COLLIER PROGRAM'S ACQUISITION
AND MANAGEMENT OF ENVIRONMENTALLY SENSITIVE LANDS
FOR THE PROTECTION OF WATER RESOURCES, WILDLIFE
HABITAT AND PUBLIC OPEN SPACE IN PERPETUITY AFTER THE
$75 MILLION DOLLAR BOND ISSUE AUTHORIZED BY
REFERENDUM ON NOVEMBER 5, 2002 FOR SUCH ACQUISITION
AND MANAGEMENT HAS BEEN SPENT; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Collier County recognizes the need to plan for future grow1h and has
initiated a long-term program, known as the Conservation Collier Program, to acquire and
manage environmentally sensitive lands in perpetuity for the protection of water resources,
wildlife habitat and public open space; and
WHEREAS, the electorate of Collier County on November 5, 2002 authorized Collier
County to levy an additional ad valorem tax not exceeding .25 mil for up to ten (10) years and to
issue up to $75 million dollar worth of limited tax general obligation bonds, to be issued in one
or more series, payable therefrom, in order to finance acquisition and management of
environmentally sensitive lands for the protection of water resources, wildlife habitat and public
open space in perpetuity for purposes of the Conservation Collier Program; and
WHEREAS, Collier County adopted Ordinance No. 2002-63 on December 3, 2002,
sometimes known as the Conservation Collier Implementation Ordinance, for purposes of further
establishing the Conservation Collier Program; and
WHEREAS, the Board of County Commissioners generally determined at a public
workshop on December 6, 2004. that it would be in the best interests of the Conservation Collier
Program and the public to determine whether the electorate wished to continue to be subject to a
levy of up to a ,25 mil ad valorem tax to acquire and manage additional environmentally
sensitive lands through the Conservation Collier Program even after the $75 million dollar bond
issue has been spent and after certain management costs for the Conservation Collier Program
have been defrayed; and
WHEREAS, it IS estimated that through April 10, 2006, Conservation Collier has
committed or spent approximately $60,549,033 for acquisition and management of
environmentally sensitive lands: and
Agenda Item No, 12A
April 25, 2006
Page 6 of 9
WHEREAS, if the electorate of Collier County wishes the Board of County
Commissioners to continue to levy up to a .25 mil ad valorem tax through the year 20]3,
additional environmentally sensitive lands may be acquired and managed by the County through
the Conservation Collier Program for protection of water resources, wildlife habitat, and public
open space in perpetuity.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA, at an open meeting duly assembled in
the Board of County Commissioners Chambers at 3301 East Tamiami Trai], Naples, Florida, this
25th day of April, 2006, A.D., as follows:
SECTION 1.
Findings,
It is found and declared that:
(A) This Resolution is adopted pursuant to applicable provisions oflaw,
(B) It is desired to ask the electors of the County if they desire the Board of County
Commissioners to authorize the annual levy of an additional ad valorem tax not
exceeding .25 mil through the year 2013 for the purpose of continuing to fund the
Conservation Collier Program's acquisition and management of environmentally
sensitive lands for the protection of water resources, wildlife habitat and public
open space in perpetuity after the $75 million dollar bond issue authorized by
referendum on November 5, 2002 for such acquisition and management has been
spent.
(C) The expenditures authorized serve a paramount public purpose and benefit.
(D) The recitations of the preamble are hereby adopted as findings herein.
SECTION II.
Referendum Election Ordered.
A referendum election is hereby ordered to be held III Collier County, Florida, on
November 7, 2006, to determine whether or not the continuing levy of an ad valorem tax not to
exceed .25 mil through the year 2013 for the aforesaid purposes shall be approved by the electors
of the County,
SECTION III.
Voting.
The polls will open at the voting places on the date of such election from 7:00 a.m. to
7:00 p.m. on the same day. All qualified electors residing within the County shall be entitled and
permitted to vote at such an election as hereinafter provided. The referendum election shall be
held and conducted in the place or places prescribed by law for general elections in the County.
2
Agenda Item No. 12A
April 25, 2006
Page 7 of 9
The referendum election shall be held and conducted in the manner prescribed by law for
holding general elections in the County, and the County Manager and Supervisor of Elections are
directed to take all necessary measures to conduct the election in all manner required by law.
The returns shall be properly canvassed by the County Canvassing Board to be comprised by law
and all procedures and requirements of state law and other applicable law shall be complied with
for the purpose of conducting the computation of ballots and completion of election procedures.
SECTION IV.
Ball ots.
The ballots to be used in the referendum election shall be on plain white paper, or
otherwise permitted electronic format, with a written description of the proposed continuing levy
of the tax, and which will provide facilities for qualified electors to vote for or against the
continuing levy of the tax as they may choose. Voting equipment shall be used at such
referendum election as the Supervisor of Elections deems appropriate and as permitted by law.
The question appearing on the ballots to be used in the referendum election shall be in
substantially the following form:
BALLOT
CONSERVATION COLLIER: ACQUISITION AND
MANAGEME1\'T OF ENVIR01\'MENTALL Y SENSlTIVE
LANDS, WATER RESOURCES LANDS, PUBLIC OPEN
SPACE
SHALL COLLIER COUNTY CONTINUE TO ACQUIRE,
PRESERVE, AND MANAGE ENVIRONMENTALLY
SENSITIVE LANDS FOR THE PROTECTION OF WATER
RESOURCES, WILDLIFE HABITAT, AND PUBLIC OPEN
SPACE BY CONTINUING TO LEVY ONE QUARTER OF ONE
MIL IN AD VALOREM TAXES THROUGH THE YEAR 2013.
WITH THE TOTAL SUM OF ALL MONIES COLLECTED NOT
TO EXCEED $198,000,000,00, INCLUSIVE OF ALL
REVENUES PREVIOUSLY COLLECTED.
YES
NO
SECTION V.
Absentee Voting,
Adequate provision shall be made for absentee voting, Ballots shall be used suitable for
absentee voting at the election. The form of ballots to be used in the election for absentee voters
shall be in substantially the form set out above and in accordance with the Florida Election Code.
3
SECTION VI.
Results of Election.
Agenda Item No. 12A
April 25, 2006
Page 8 of 9
Returns of the votes cast at the election shall be made to and canvassed by the
Canvassing Board and the Canvassing Board shall declare the results and certifY the same to the
County Manager to be recorded in the minutes of the County. If a majority of the votes cast at
such election in respect to the continuing levy of the tax shall be "YES", such tax may continue
to be levied by the County pursuant to the tenns and provisions of applicable law, ordinances, or
resolutions. The public should note, however, that this ballot is in the nature of a "straw"
ballot to understand the desires of the electorate and the County has the legal right in
accordance with applicable law to continue or discontinue the levy regardless of the vote.
Regardless of the results of the election, the Supervisor of Elections is hereby directed to submit
such results to the Department of State pursuant to Section 100.35 I, Florida Statutes.
SECTION VII.
Publication of Resolution and Notice,
At least 30 days notice of the election shall be published in the Naples Daily News, or
any other newspaper of general circulation within the County, at least twice, once in the fifth
week and once in the third week prior to the week in which the election is held, in the manner
provided in Section 100,342, Florida Statutes. The notice of election shall be in substantially the
following fonn:
NOTICE OF TAX REFERENDUM
COUNTY OF COLLIER, FLORIDA,
ON NOVEMBER 7, 2006
NOTICE IS HEREBY GIVEN THAT A COUNTY OF
COLLIER. FLORIDA, TAX REFERENDUM will be held on the
7'h day of November, 2006, in the County of Collier, Florida, for
the purpose of detennining whether an ad valorem tax not
exceeding .25 mil shall continue to be levied through the year 2013
for the purpose of continuing to fund the Conservation Collier
Program's acquisition and management of environmentally
sensitive lands for the protection of water resources, wildlife
habitat and public open space provided that the total sum of all
monies to be collected not exceed $198,000,000.00 inclusive of
all revenues previously collected.
The polls will be open at the voting places on the date of
referendum election at 7:00 a.m. to 7:00 p.m, on the same day, all
as provided in Resolution No, 2006-_, adopted by the Board of
County Commissioners of Collier County, Florida on April 25,
2006, which is a matter of public record.
All qualified electors residing within the County of Collier
shall be entitled, qualified and pennitted to vote at such election.
The County of Collier, Florida
Frank Halas, Chainnan
Board of County Commissioners
4
Agenda Item No. 12A
April 25, 2006
Page 9 of 9
SECTION VIII.
Effective Date.
This Resolution shall go into effect immediately upon its passage and adoption.
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same,
this 25th day of April, 2006.
ATTEST:
Dwight E. Brock, CLERK
BOARD OF COUNTY COMMISSIONERS
COUNTY OF COLLIER, FLORIDA
BY:
BY:
DEPUTY CLERK
Frank Halas, CHAIRMAN
Approved as to form and legal sufficiency
Michael W. Pettit
Chief Assistant County Attorney
publi cibec agendas/04 2506/reso.referendum .bond .con servation collier
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EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners and the Board of County
Commissioners as the Ex-Officio Governing Board of the Collier County Water-Sewer
District approve a Settlement Agreement and Release relating to the project known as the
Collier BoulevardlVanderbilt Beach Road 16" Force Main (Bid/Contract No. 04-3680),
authorize the Chairman to execute any necessary settlement documents following review
by the County Attorney and also approve the necessary budget amendment.
OBJECTIVE: Recommendation that the Board of County Commissioners and the Board
of County Commissioners as the Ex-Officio Governing Board of the Collier County Water-
Sewer District (sometimes referred to herein as the "Board") approve a Settlement Agreement
and Release relating to the project known as the Collier Boulevard/Vanderbilt Beach Road 16"
Force Main (Bid/Contract No. 04-3680) and authorize the Chairman to execute any necessary
settlement documents following review by the County Attorney.
CONSIDERATIONS: On October 7,2004, the County entered into a contract with Belair
Builders, Inc., d/b/a Belair Excavating (hereinafter referred to as "Belair"), to, among other
things, excavate and then install the Collier Boulevard/Vanderbilt Beach Road 16" Force Main.
Contested issues arose regarding approximately $85,000.00 of additional fill Belair brought to
the site purportedly at County direction, damages to County property during construction, and
the timeliness of the County's payments. Belair filed suit against the County and the County has
counterclaimed (Belair Builders v. Collier County, Case No. 05-1747-CA, in the Circuit Court
of the Twentieth Judicial Circuit in and for Collier County, Florida). A mediation was held on
February 21,2006 but no final agreement could be reached at that point.
All issues except the damages to County property have now been resolved as set forth in the
proposed Settlement Agreement and Release. The County will pay Belair the following:
(a) $18,208.40 in retainage;
(b) $77,768.52 for Change Order #2 that was previously approved by the
BCC;
(c) $62,000.00 for additional fill; and
(d) $11.020.09 for a County tie-in.
TOTAL PAYMENT: $168.997.01
The County will withhold the amount of $40,953.64 of retain age while the damages issue is
being settled. The lawsuit shall be dismissed with prejudice within twenty (20) days of the
approval of the Settlement Agreement and Release.
FISCAL IMPACT: Public Utilities will pay the $62,000.00 and the $11,020.09 from Fund
413. Cost Center 263613. Project No. 73155. A budget amendment is required to provide
sufficient funding for the settlement.
1
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary.
RECOMMENDATION: It is recommended that the Board of County Commissioners and
the Board of County Commissioners as the Ex-Officio Governing Board of the Collier County
Water-Sewer District approve the Settlement Agreement and Release relating to the project
known as the Collier Boulevard/Vanderbilt Beach Road 16" Force Main (Bid/Contract No. 04-
3680), and authorize the Chairman to sign any necessary settlement documents following review
by the County Attorney and also approve the necessary budget amendment.
PREPARED BY:
Michael W. Pettit, Chief Assistant County Attorney
h/publiclbcc agenda/042506/exec sum.belair stlmnt
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SETTLKMENT AGREEMENT AND MUTUAL RELEASE
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This Settlement Agreement and Mutual Release (hereinafter referred to as "Agreement
and Release") is made and entered into this _ day of April, 2006 by and between the Board of
County Commissioners of Collier County, Florida and the Board of County Commissioners of
Collier County Acting Ex-Officio as the Governing Board of the Collier County Water-Sewer
District (hereinafter referred to as the "County") and Belair Builders, Inc., d/b/a Belair
Excavating, (hereinafter referred to as "Belair").
WITNESSETH
WHEREAS, on or about October 7, 2004, the County and Belair entered into
Bid/Contract No. 04-3680 (hereinafter referred to as the "Contract") pursuant to which, among
other things, Belair was to excavate and then install the Collier Boulevard/Vanderbilt Beach
Road 16" Force Main for the Collier County Water-Sewer District; and
WHEREAS, the County contends among other things that the project was not completed
in a timely manner and damages to County equipment occurred during construction; and
WHEREAS, Belair contends it is owed compensation for additional materials used
during construction and for untimely payment; and
WHEREAS, Belair filed suit against the County (Belair Builders v. Collier County, Case
No. 05-1747-CA, in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County,
Florida) and the County counterclaimed; and
WHEREAS, without admitting any fault or liability, the County and Belair mutually
desire to compromise and resolve all issues relating or referring to the project and the contract
except as otherwise expressly stated herein;
1
NOW, THEREFORE, in consideration of the mutual covenants, proffilses and
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considerations set forth in this Agreement and Release, the sufficiency of which is hereby
acknowledged by both the County and Belair, and with the intent to be legally bound, the County
and Belair mutually agree to the following:
1. The County and Belair agree to adopt and incorporate the foregoing recitals,
sometimes referred to as "Whereas clauses" by reference into this Agreement and
Release.
2. The County agrees and shall:
(a) Pay Belair $62,000.00 for additional fill used during construction within
ten (10) business days from the effective date of the Agreement and
Release.
(b) Pay Belair full payment of the Change Order No. 2 for $77,768.52;
payment within same time as 2.(a) above.
(c) Release $18,208.40 as the balance of money due Belair under
Bid/Contract No. 04-3680, except for $40,953.64 in retainage.
$59,162.04 - current amount in retainage
- 40,953.64 - amount being held for damage claim*
$18,208.40 - amount to be paid under Agreement and Release
*The release of any or all of this retainage will be subject to Paragraph 4
of this Agreement and Release.
(d) Pay Belair $11,020.09 for a County tie-in error within the same time as
2.(a) above.
2
(e) All amounts dues by this Agreement and Release not paid when due will
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accrue interest at the rate allowed by the Florida Prompt Payment Act,
Section 218.70, Fla. Stat.
(D Release, waive and forever discharge any claim of any nature whatsoever
relating or referring to the Contract including any claims for delay or
liquidated damages except for any claim to enforce the terms and
conditions of this Agreement and Release or any claims for breaches of
warranties or latent defects in the work performed by Belair.
(g) The total amount to be paid to Belair under this Agreement and Release is
$168,997.01, within the same time as 2.(a) above.
3. In consideration of Paragraph 2 above, Belair agrees and shall:
(a) Work in good faith with its insurance company or its subcontractors or
their insurers as appropriate to obtain payment of $40,953.64 to the
County for damages to the County's equipment during construction.
(b) Finish the work on the project in a timely manner.
(c) Release, waive and forever discharge any claim of any nature whatsoever
relating or referring to the Contract except any claim to enforce the terms
and conditions of this Agreement and Release. Belair shall release any
claims for damages or interest under any potential theory of recovery, and
also release any claims for attorneys' fees under any potential theory of
recovery, as it relates to claims for breaches of any warranties or latent
defects in the work.
3
4.
If the parties have not agreed on a final allocation and disbursal of the $40,953.64
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in retain age/damages referred to in Paragraphs 2 and 3 within sixty (60) days of
the effective date of this Agreement and Release, either party may request that
any remaining issues as to this sum be arbitrated. The parties will cooperate in
selection of an arbitrator, share the costs and fees of the arbitration and hereby
agree that the arbitration hearing will be limited to one (1) hour. In approving this
Agreement and Release, the Board of County Commissioners is also authorizing
the Clerk to release some or all of the $40,953.64 in retain age to Belair upon
receipt of a letter signed by the Public Utilities Engineering Director and Chief
Assistant County Attorney stating that the issues as to the retain age/damages up to
the total of $40,953.64 have been resolved or arbitrated. A copy of any
arbitration award that may be issued shall also be forwarded to the Clerk.
5. The lawsuit styled Belair Builders v. Collier County shall be jointly dismissed
with prejudice within twenty (20) days of the effective date of this Agreement and
Release.
6. Except for any claim to enforce the terms and conditions of this Agreement and
Release, Belair shall and hereby does fully, finally and unconditionally release,
quit, remise, satisfy and forever discharge the County, its elected officials,
officers, employees, former employees, attorneys, agents, representatives,
predecessors, successors, insurers, sureties and assigns from any and all matter of
action or actions, cause or causes of action, suits, debts, dues, sums of money,
accounts, reckonings, covenants, charges, damages, obligations, liabilities,
contracts, promises, judgments, executions, claims, complaints, legal or equitable
4
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whether known or unknown, which Belair has asserted or could have asserted
against the County relating or referring in any way to or arising directly or
indirectly from the Contract or work performed there under.
7. Except for any claim to enforce the terms and conditions of this Agreement and
Release or any claim for breach of warranty or latent defects in the work
performed by Belair, the County shall and hereby does fully, finally and
unconditionally release, quit, remise, satisfy and forever discharge Belair, its
officers, employees, former employees, attorneys, agents, representatives,
predecessors, successors, insurers, sureties and assigns from any and all matter of
action or actions, cause or causes of action, suits, debts, dues, sums of money,
accounts, reckonings, covenants, charges, damages, obligations, liabilities,
contracts, promises, judgments, executions, claims, complaints, legal or equitable
whether known or unknown, which the County has asserted or could have
asserted against Belair relating or referring in any way to or arising directly or
indirectly from the Contract or work performed there under.
8. This Agreement and Release shall be governed by the laws of the State of Florida.
9. Any action brought to specifically enforce any of the terms and conditions of this
Agreement and Release shall be brought in the Twentieth Judicial Circuit in and
for Collier County, Florida.
10. This Agreement and Release may be amended only by a written instrument
specifically referring to this Agreement and Release and executed in the same
formalities as this Agreement and Release.
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11. This Agreement and Release is freely and voluntarily executed by the County and
Belair after they have been apprised of all relevant information concerning this
Agreement and Release and after they have received the advice of their respective
counsel.
12. In executing this Agreement and Release, the County and Belair do not rely upon
any inducements, promises, representations, other than the promises or
representations set forth in this Agreement and Release. Accordingly, the County
and Belair acknowledge this Agreement and Release is a product of mutual
negotiation and no doubtful or ambiguous provision that may exist in this
Agreement and Release is to be construed against either the County or Belair
based upon the claim that one or the other party drafted the ambiguous language
or that the language in question was intended to favor one party or the other.
13. The effective date of this Agreement and Release shall be the date upon which it
is approved at a regular open meeting by the Board of County Commissioners of
Collier County, Florida. The parties will use their best efforts to obtain board
approval at the April 25, 2006 meeting.
IN WITNESS WHEREOF, the County and Belair have executed this Agreement and
Release as evidenced by the following signature blocks:
ATTEST:
Dwight E. Brock, CLERK
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS AND COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTING EX-OFFICIO AS THE GOVERNING
BOARD OF THE COLLIER COUNTY W ATER-
SEWER DISTRICT
BY:
DEPUTY CLERK
BY:
Frank Halas, CHAIRMAN
6
WITNESSES
Signed Name
Printed Name
Signed Name
Printed Name
Approved as to form and legal sufficiency:
Michael W. Pettit
Chief Assistant County Attorney
h/publiclbcc agenda/042506/prop stlmnt agrmnt.belair
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BELAIR BUILDERS, INC.
d/b/a BELAIR EXCA V A TING
7
BY:
ITS:
Print Title
Agenda Item No, 16A 1
April 25, 2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Artesia Naples Phase 3",
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 "Artesia Naples Phase 3", a subdivision of lands
located in Section 4, Township 51 South, Range 26 East, Collier County, Florida, following the
alternative procedure for approval of subdivision plats pursuant to Resolution 99-199.
CONSIDERATIONS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Artesia Naples Phase 3", 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 "Artesia Naples Phase 3"
be approved for recording.
FISCAL IMPACT:
The project cost is $1,310,860.00 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $ 472,834.67
- $ 838,025.33
The Security amount, equal to 110% of the
project cost, is $1,441,946.00
The County will realize revenues as follows:
,-
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project:
Total: $40,540.80
Agenda Item No. 16A 1
April 25, 2006
Fees are based on a construction estimate of $1 ,310,860.00 and were pcilmirl2 of 4
March, 2005.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5./ac) -$ 1,215.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const est) - $ 3,546.26
c) Drainage,
Paving, Grading (.75% const est) - $ 6,285.19
d) Construction Inspection Fee
Water &
Sewer (2.25% const est) - $10,638,78
e) Drainage, Paving,
Grading(2.25%constest) - $18,855.57
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.
RECOMMENDA TION:
That the Board of County Commissioners approve the Final Plat of "Artesia Naples Phase 3"
for recording with the following stipulations:
1. Approve the amount of $1,441,946.00 as performance security for the required
improvements; or such lesser amount based on work completed, and as is approved by the
Engineering Services Department
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
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Item Summary:
Meeting Date:
Agenda Item No. 16A 1
April 25, 2006
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A1
Recommendation to approve for recording the final plat of Artesia Naples Phase 3, approval
of the standard form Construction and Maintenance Agreement and approval of the amount
of the performance security.
4/25/20069:00:00 AM
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Date
Engineering Services
3/28/200610:50:26 AM
Approved By
Thomas E. Kuck, P.E.
Community Development &
Environmental Services
CDES Engineering Services Director
Date
Approved By
CDES Engineering Services
3/28/200612:20 PM
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Date
Community Development &
Environmental Services Admin.
3/29/2006 8:50 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
4/6/20068:35 AM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
4110/200610:45 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
4112120061 :40 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
4113120068:42 AM
Agenda Item No. 16A2
April 25, 2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Bucks Run Reserve",
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 "Bucks Run Reserve", a subdivision of lands located in
Section 35, Township 48 South, Range 26 East, Collier County, Florida, following the alternative
procedure for approval of subdivision plats pursuant to Resolution 99-199.
CONSIDERA TIONS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Bucks Run Reserve", 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 "Bucks Run Reserve" be
approved for recording.
FISCAL IMPACT:
The project cost is $728,925.34 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $242,870.67
- $486,054.67
The Security amount, equal to 110% of the
project cost, is $801,817.87
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: $22,992.77
Agenda Item No. 16A2
April 25, 2006
Fees are based on a construction estimate of $728,925.34 and were paid in May, 2000le 2 of 4
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5.1ac) -$ 1,125.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est) - $ 1,821.53
c) Drainage,
Paving, Grading (.75% const. est.) - $ 3,645.41
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est) - $ 5,464.60
e) Drainage, Paving,
Grading(2,25%const.est.) - $10,936.23
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.
RECOMMENDA TION:
That the Board of County Commissioners approve the Final Plat of "Bucks Run Reserve" for
recording with the following stipulations:
1. Approve the amount of $801,817.87 as performance security for the required improvements;
or such lesser amount based on work completed, and as is approved by the Engineering
Services Department.
2, Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A2
April 25, 2006
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A2
Recommendation to approve for recording the final plat of Bucks Run Reserve, approval of
the standard form Construction and Maintenance Agreement and approval of the amount of
the performance security.
4/25/20069:00:00 AM
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Date
Engineering Services
3/30/20069:53:29 AM
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
3130/2006 9:59 AM
Approved By
Thomas E. Kuck, P.E,
Community Development &
Environmental Services
CDES Engineering Services Director
Date
CDES Engineering Services
3/30/200610:28 AM
Approved By
"""""........
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin,
416/2006 8:35 AM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
4/10/2006 10:45 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
4112/20061:46 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy Count~' Manager
Date
County Manager's Office
4/131200612:21 PM
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Agenda Item No. 16A3
April 25, 2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Black Bear Ridge - Phase 2",
approval of the standard form Construction and Maintenance Agreement and approval of
the amount of the performance security
OBJECTIVE:
To approve for recording the final plat of "Black Bear Ridge - Phase 2", a subdivision of lands
located in Section 34, Township 48 South, Range 26 East, Collier County, Florida, following the
alternative procedure for approval of subdivision plats pursuant to Resolution 99-199.
CONSIDERA TIONS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Black Bear Ridge - Phase 2". These documents are in
compliance with the County Land Development Code and Florida State Statute No. 177. All
fees have been paid. Security in the amount of 10% of the total cost of the required
improvements, and 100% of the cost of any remaining improvements, together with a
Construction and Maintenance Agreement for Subdivision Improvements, shall be provided and
accepted by the Engineering Services Director and the County Attorney's office prior to the
recording of the final plat. This would be in conformance with the County Land Development
Code -- Section 10.02.04.
i'~
Engineering Services Department recommends that the final plat of "Black Bear Ridge - Phase
2" be approved for recording.
FISCAL IMPACT:
The project cost is $349,084.00 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $125,393.33
- $223,690.67
The Security amount, equal to 110% of the
project cost, is $383,992.40
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: $11,517.52
Agenda Item No. 16A3
April 25, 2006
Fees are based on a construction estimate of $349,084.00 and were paidFlme 2 of 4
September, 2005.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5.1ac) -$1,045,00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est) - $ 940.45
c) Drainage,
Paving, Grading (.75% const. est.) - $1,677.68
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $2,821.35
e) Drainage, Paving,
Grading(2.25%const.est.) - $5,033,04
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.
RECOMMENDA TION:
That the Board of County Commissioners approve the Final Plat of "Black Bear Ridge _
Phase 2" for recording with the following stipulations:
1. Approve the amount of $383,992.40 as performance security for the required improvements;
or such lesser amount based on work completed, and as is approved by the Engineering
Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A3
April 25, 2006
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A3
Recommendation to approve for recording the final piat of Black Bear Ridge Phase 2,
approval of the standard form Construction and Maintenance Agreement and approval of the
amount of the performance security.
4/25/20069:00:00 AM
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Date
Engineering Services
4/3/2006 7:42:33 AM
Approved By
Thomas E. Kuck, P.E.
Community Development &
Environmental Services
CDES Engineering Services Director
Date
CDES Engineering Services
4/3/2006 8:28 AM
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Date
Community Development &
Environmental Services Admin,
4/3/20068:55 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
4/6/2006 8:37 AM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
4110/200610:48 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
4/12/2006 1 :50 PM
Approved By
Leo E. OChs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/13/200612:24 PM
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Agenda Item No. 16A4
April 25, 2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Manchester Square",
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 "Manchester Square", a subdivision of lands located in
Section 12, Township 49 South, Range 25 East, Collier County, Florida, following the alternative
procedure for approval of subdivision plats pursuant to Resolution 99-199.
CONSIDERA TIONS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Manchester Square". 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 "Manchester Square" be
approved for recording.
FISCAL IMPACT:
The project cost is $1,417,476.45 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $603,561.78
- $813,914.67
The Security amount, equal to 110% of the
project cost, is $1,559,224,10
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: $43,709.30
,-
.....-.
Agenda Item No. 16A4
April 25, 2006
Fees are based on a construction estimate of $1 ,417,476.45 and were palfli!ir-t 2 of 4
October, 2005.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5.1ac) -$ 1,185.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ 4,526.72
c) Drainage,
Paving, Grading (.75% const. est.) - $ 6,104.36
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $13,580.14
e) Drainage, Paving,
Grading(2.25%const.est.) - $18,313.08
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.
RECOMMENDA TION:
That the Board of County Commissioners approve the Final Plat of "Manchester Square" for
recording with the following stipulations:
1. Approve the amount of $1,559,224.10 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
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Item Summary:
Meeting Date:
Agenda Item No. 16A4
April 25, 2006
Page 4 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16M
Recommendation to approve for recording the final plat of Manchester Square, approval of
the standard form Construction and Maintenance Agreement and approval of the amount of
the performance security.
4/25/20069:00:00 AM
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Date
Engineering Services
4/312006 9:22:03 AM
Approved By
Thomas E. Kuck, P.E.
Community Development &
Environmental Services
CDES Engineering Services Director
Date
CDES Engineering Services
413/2006 9:29 AM
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
4/312006 11 :00 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
4/6120068:37 AM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
41101200610:49 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
4/12120061 :54 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
41131200612:27 PM
Agenda Item No. 16A5
April 25, 2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Summit Place in Naples,
Phase II", 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 "Summit Place in Naples, Phase II", a subdivision of
lands located in Section 34, Township 48 South, Range 26 East, Collier County, Florida,
following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-
199.
CONSIDERA TIONS:
-
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Summit Place in Naples, Phase II". 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 "Summit Place in Naples,
Phase II" be approved for recording.
FISCAL IMPACT:
The project cost is $2,246,838.22 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $ 532,869.33
- $1,713,968.89
The Security amount, equal to 110% of the
project cost, is $2A71 ,522.04
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: $68,550.15
Agenda Item No, 16A5
April 25, 2006
Fees are based on a construction estimate of $2,246,838.22 and were paTliqn 2 of 4
December, 2004, and April, 2005.
The breakdown is as follows:
a) Plat Review Fee ($1,000,00 + $5.1ac) -$ 1,145,00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ 3,996.52
c) Drainage,
Paving, Grading (.75% const. est.) - $12,854.78
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $11,989.55
e) Drainage, Paving,
Grading(2.25%const.est.) - $38,564.30
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.
RECOMMENDA TION:
That the Board of County Commissioners approve the Final Plat of "Summit Place in Naples,
Phase II" for recording with the following stipulations:
1. Approve the amount of $2,471,522.04 as performance security for the required
improvements; or such lesser amount based on work completed, and as is approved by the
Engineering Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
-
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A5
April 25, 2006
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A5
Recommendation to approve for recording the final plat of Summit Place in Naples, Phase II,
approval of the standard form Construction and Maintenance Agreement and approval of the
amount of the performance security.
4/25/2006 9:00:00 AM
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Date
Approved By
Engineering Services
4/3/2006 2:02:36 PM
Thomas E. Kuck, P.E.
Community Development &
Environmental Services
CDES Engineering Services Director
Date
CDES Engineering Services
4/3/2006 2:27 PM
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin,
Date
4/3120063:15 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
4/6/20068:39 AM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
4110/200610:49 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
411212006 1 :59 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/131200612:29 PM
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Agenda Item No. 16A6
April 25, 2006
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to grant final approval of the roadway (public) and
drainage improvements for the final plat of "Carson lakes Phase II". The
roadway improvements will be maintained by Collier County.
OBJECTIVE:
To grant final approval of the infrastructure improvements associated with that
subdivision known as "Carson Lakes Phase II"
CONSIDERA TIONS:
1. On June 24, 2003, the Board of County Commissioners granted
preliminary acceptance of the roadway and drainage improvements in
"Carson Lakes Phase II".
2. The roadway improvements will be maintained by Collier County; the
drainage and lake will be maintained by the Carson Lakes 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 improvements will be maintained by the County out of the
Transportation Services operational and maintenance budget.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
lEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution.
~
Agenda Item No. 16A6
April 25, 2006
Page 2 of 5
RECOMMENDA TION:
That the Board of County Commissioners grant final acceptance of the roadway
and drainage improvements in "Carson Lakes Phase II" 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
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Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A6
April 25, 2006
Page 4 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A6
Recommendation to grant final approval of the roadway (public) and drainage improvements
for the final plat of Carson Lakes Phase II. The roadway improvements will be maintained by
Collier County.
4/25/20069:0000 AM
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Date
Engineering Services
4/5/20069:34:09 AM
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Date
Community Development &
Environmental Services Admin.
415/200610:16 AM
Approved By
Thomas E. Kuck, P.E.
Community Development &
Environmental Services
CDES Engineering Services Director
Date
CDES Engineering Services
416120068:28 AM
Approved By
Joseph K. Schmitt
Community Deve!opment &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
4/11/200610:48 AM
Approved By
OMB Coordinator
County Mar,ager's Office
Administrative Assistant
Date
Office of Management & Budget
4/11/20062:09 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
4112120062:02 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
4113/200611:00 AM
Agenda Item No. 16A6
April 25, 2006
Page 5 of 5
RESOLUTION NO. 06 -_
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA TO AUTHORIZE FINAL ACCEPTANCE
OF THOSE ROADWAY AND DRAINAGE
IMPROVEMENTS IN CARSON LAKES PHASE II,
RELEASE OF THE MAINTENANCE SECURITY,
AND TO ACCEPT THE MAINTENANCE
RESPONSIBILITY FOR THE ROADWAY AND
DRAINAGE IMPROVEMENTS THAT ARE NOT
REQUIRED TO BE MAINTAINED BY THE
CARSON LAKES HOMEOWNERS' ASSOCIATION.
WHEREAS, the Board of County Commissioners of Collier County, Florida, on July 30,
2002, approved the plat of Carson Lakes Phase II for recording; and
WHEREAS, the Developer has constlUcted 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 platted roadway and
drainage improvements and release of the required 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 platted roadway and drainage improvements in Carson Lakes Phase II, and the
Clerk is authorized to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accepts the future
maintenance and other attendant costs for those roadway and drainage improvements that are not
required to be maintained by the Carson Lakes Homeowncrs' Association.
This Resolution adopted after molion, second and majority vote favoring same. this
_ day of
.2006.
ATTEST:
DWIGHT E. BROCK. CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
By:
By:
. Deputy Clerk
FRANK HALAS, Chairman
Agenda Item No. 16A7
April 25,2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Tract 2 of Golden Gate
Estates Unit No. 33 Replat"
OBJECTIVE:
To approve for recording the final plat of "Tract 2 of Golden Gate Estates Unit No. 33 Replat", a
subdivision of lands located in Section 17, Township 49 South, Range 26 East, Collier County,
Florida, following the alternative procedure for approval of subdivision plats pursuant to
Resolution 99-199.
CONSIDERATIONS:
Engineering Review Section has completed the review of the final plat of "Tract 2 of Golden
Gate Estates Unit No. 33 Replat". The documents are in compliance with the County Land
Development Code and Florida State Statute No. 177. All fees have been paid. There are no
required subdivision improvements associated with this plat.
Engineering Services Department recommends that the final plat of "Tract 2 of Golden Gate
Estates Unit No. 33 Replat" be approved for recording.
.-
FISCAL IMPACT:
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: $1025.00 plat review fee
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.
"..-..
Agenda Item No. 16A7
April 25, 2006
Page 2 of 4
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 "Tract 2 of Golden Gate
Estates Unit No. 33 Replat" for recording.
_.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
Agenda Item No. 16A7
April 25, 2006
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16A7
Meeting Date:
Recommendation to approve for recording the final plat of Tract 2 of Golden Gate Estates
Unit No. 33 Replal.
4125120069:00:00 AM
Item Summary:
Prepared By
John Houldsworth Senior Engineer Date
Community Development &
Environmental Services Engineering Services 41612006 2;25;52 PM
Approved By
Thomas E. Kuck, P .E. CDES Engineering Services Director Date
Community Development &
Environmental Services CDES Engineering Services 4/612006 3:57 PM
Approved By
Constance A. Johnson Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 416120064:00 PM
Approved By
..-- Community Development &
Joseph K. Schmitt Environmental Services Adminstrator Date
Community Development & Community Development &
Environmental Services Environmental Services Admin. 4/6/20064:04 PM
Approved By
OMB Coordinator Administrative Assistant Date
County Manager's Office Office of Management & Budget 411012006 10:59 AM
Approved By
Mark Isackson Budget Analyst Date
County Manager's Office Office of Management & Budget 4112120062:12 PM
Approved By
James V. Mudd County Manager Date
Board of County
Commissioners County Manager's Office 4/131200610;45 AM
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Agenda Item No, 16A8
April 25, 2006
Page 1 of 18
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for Sale and Purchase with Daryl Ballweg,
Larry Horman, and Mary Ann Horman for 4.79 acres under the Conservation Collier
Land Acquisition Pr02ram, at a cost not to exceed $176,750.
OBJECTIVE: Request approval and execution of the attached Agreement for Sale and
Purchase (Agreement) between the Board of County Commissioners (Board) and Daryl Ballweg,
J--arry Horman, and Mary Ann Horman (Sellers).
CONSIDERATIONS: On January 27, 2004, Agenda Item lOA, the Board approved a Collier
Conservation Land Acquisition Advisory Committee (CCLAAC) recommended Active
Acquisition List, with changes, and directed staff to actively pursue acquisition of the properties
under the Conservation Collier Program.
On June 22, 2004, Agenda Item 16A2, the Board confirmed their direction to staff authorizing
staff to proceed with purchase contracts for Golden Gate Estates, Unit 53 properties, as they
become available, and to bring these contracts back to the Board for final approval.
The Sellers' property contains 4.79 acres and is located within Golden Gate Estates, Unit 53, also
known in the Conservation Collier Program as the Red Maple Swamp Preserve. In accordance
with the approved Conservation Collier Purchasing Policy, the purchase price of $175,000 was
based upon an appraisal prepared by an independent, state-certified, general real estate appraiser.
,-
The attached Agreement provides that should the County elect not to close this transaction for
any reason, except for default by the Sellers, the County will pay the Sellers $875 in liquidated
damages.
The CCLAAC approved this transaction on April 10, 2006, and voted to recommend Board
approval and execution ofthe attached Agreement.
Pursuant to Ordinance 2003-63, Section 13(8), a Project Design Report for the property is
provided herewith.
The Agreement has been reviewed and approved by the County Attorney's Office and
Environmental Services Department.
FISCAL IMPACT: The total cost of acquisition will not exceed $176,750 ($175,000 for the
property, $250 for the appraisal, and approximately $1,500 for a title commitment, a title policy,
and recording of related documents). The funds will be withdrawn from the Conservation
Collier Trust Fund (172). As of April 10, 2006, property costs for Conservation Collier
properties, including this property and those under contract, total$37,549,533.
GROWTH MANAGEMENT IMP ACT: Fee simple acquisition of conservation lands is
consistent with and supports Policy 1.3.1 (e) in the Conservation and Coastal Management
Element of the Collier County Growth Management Plan.
~
Agenda Item No. 16A8
April 25, 2006
Page 2 of 18
EXECUTIVE SUMMARY
Conservation Collier - Agreement for Sale and Purchase - Ballweg/Horman
Page 2
LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002-63) provides a
legal framework for property acquisition for the Conservation Collier Program. The process for
acquiring this property falls within the legal framework of Ordinance 2002-63.
RECOMMENDATION: Staff is recommending that the Board of County Commissioners:
1. Approve the attached Agreement and accept the Warranty Deed once it has been
received and approved by the County Attorney's Office; and
2. Authorize the Chairman to execute the Agreement and any and all other County
Attorney's Office approved documents related to this purchase; and
3. Authorize the County Manager or his designee to prepare related vouchers and
Warrants for payment; and
4. Direct the County Manager or his designee to proceed to acquire the property, to
follow all appropriate closing procedures, to record the deed and any and all
necessary documents to obtain clear title to the property, and to take all reasonable
steps necessary to ensure perforn1ance under the Agreement; and
5. Approve any necessary budget amendments.
PREPARED BY: Cindy Erb, Propeliy Acquisition Specialist, Sr.
Real Estate Services / Facilities Management Department
-
Conservation Collier Land Acquisition Program
Project Design Report
Date: April 1 0,2006
Conservation Collier North Golden Gate Estates
Unit 53 Location Map
SHADY HOLLOW BLVO E
41ST AVE NE
39TH AvE NW
39TH AVE NE
37TH A.vE NW
37TH AVE NE
3511-' AVE NW
35TH AVE NE
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33R.D AVE N'IV
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24TH AVE NW
24TI-I AV~ NE '4TH /Jo,Vt= NE
I ~...~...,.n..d.... - NGGE Unit 53
;//,,i.;;) NGGE Unit 53
_ Acquired
! _ Under Contract
I Conservation Lands
CREW
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o 1.125 2.250
4.500 Feet
Data S.uree: 'arc:eh - CollieI'" County Property Appraher
Cn..ted By: OIS I caes , Environmental S...vle.1I
G:\Con..rv.t1on Collier'. ISCR\ UnltB3_Ac q.mxd
G:\Con...rvatlon Colllen Map.\Cyc hr3\ Unltl3Acq.jpg
Dat.: 1124/06
ciitfi~r County
_.-._...-~..' .._~..-,.",...~.-".~.._~-
Property Owner: Daryl Ballweg, Larry and Mary Ann Honnan
Folio(s): 39490240001
Location: North Golden Gate Estates Unit 53, W 150 Ft of Tract 6
Size: 4.79 acres
Appraisal/Offer Amount: $175,000
3
Agenda Item No, 16A8
April 25, 2006
Page 3 of 18
Agenda Item No. 16A8
April 25, 2006
Page 4 of 18
History of Project:
Received Project Selected Proj ect BCC Purchase offer Offer Accepted
application for the "A" Approved for Approval made to owners
category, # I purchase by to buy as
priority, on the BCC properties
Active become
Acquisition List available
by CCLAAC confirmed
2/8/06 12/15/03 1/27/04 6/22/04 2/22/06 3/13/06
Purpose of Project: Conservation Collier
Prol!ram Qualifications:
This is one of a number of parcels approved for acquisition that are part of a larger, multi-parcel,
multi-owner project known as the North Golden Gate Estates (NGGE) Unit 53 Project. These
parcels were considered in context of the whole project. The following identifies the ecological
value, significance for water resources, human values and aesthetics, vulnerability to
development and management potential for this project.
Native habitat present over the whole unit is wetland hardwood forest, with a substantial pOliion
of that being dominated by cypress and red maple swamp and the remainder by native and exotic
re-growth over an historic farm field. Although the unit has been platted for single-family home
development, at present there are no homes, streets are unpaved and there is no electric service.
Soils, hydrology and extant plant species indicate that the entire unit is a seasonal wetland, with
surface water present during rainy season and moist conditions remaining during dry season
(excepting drought conditions when water tables may recede lower). The area contributes
moderately to Lower Tamiami aquifer recharge (7-14 inches per year) and wetland dependant
bird species were observed on site. A native terrestrial orchid species state listed as Threatened,
Wild Coco (Eulophia alIa) and a fern species, Royal fern (Osmunda regalis) listed by the state as
Commercially exploited were observed in abundance. No listed wildlife species were observed,
however, the entire unit is directly adjacent to Priority One Panther Habitat, as designated by the
Florida Fish and Wildlife Conservation Commission. Black bear, another listed species, are
known to inhabit adjoining public lands.
This entire area is connected with South Florida Water Management District (SFWMD) lands
which are known as the Corkscrew Regional Ecosystem Watershed (CREW), separated into
CREW Trust conservation lands and the Audubon Corkscrew Sanctuary. Acquisition ofNGGE
Unit 53 would enhance, protect, buffer both areas and provide additional public access to CREW
Trust lands.
Conservation of this area would offer multiple opportumtIes for land-based natural resource
recreation including potential for hunting, as coordinated with limited seasonal hunting permitted
on adjoining CREW lands. The SFWMD has constructed a 1,400-foot boardwalk and several
miles of trails just to the north of Unit 53, which area accessed through NGGE Unit 53.
Conservation Collier will seek to partner with SFWMD to enhance this access.
This area is vulnerable to development as it is zoned for single-family residences. None have
been built to date, however permits could be issued at any time.
4
Agenda Item No. 16A8
April 25, 2006
Page 5 of 18
Once a group of contiguous parcels can be acquired, there is potential for a management
partnership with the neighboring CREW Trust. Management would primarily consist of exotic
removal and maintenance of existing unpaved roads to provide access to trails. Expansion of
trails into these lands is contemplated over time. See the Initial Criteria Screening Report for
full criteria evaluation.
Proiected Mana2:ement Activities:
Removal of exotic plants, construction of trails, parking and placement of fencing and signage
are projected management activities, but these would not be done until more contiguous
properties can be acquired.
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Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A8
April 25, 2006
Page 6 of 18
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A8
Recommendation to approve an Agreement for Sale and Purchase with Daryl Ballweg, Larry
Horman, and Mary Ann Horman for 4.79 acres under the Conservation Collier Land
Acquisition Program, at a cost not to exceed $176,750.
4/25/20069:0000 AM
Prepared By
Cindy M. Erb
Administrative Services
Senior Property Acquisition Specialist
Date
Facilities Management
4/6/20068:10:53 AM
Approved By
Charles E. Carrington, Jr.,
SR/WA
Administrative Services
Real Estate Services Manager
Date
Facilities Management
416/20068:55 AM
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
4161200610:10 AM
Approved By
Alexandra J. Sulecki
Community Development &
Environmental Services
Senior Environmental Specialist
Date
Environmental Services
4/6/2006 2:29 PM
Approved By
William D. Lorenz, Jr., P.E.
Community Development &
Environmental Services
Environmental Services Director
Date
Environmental Services
4/61200610:44 PM
Approved By
Skip Camp. C.F.M.
Administrative Services
Facilities Management Director
Date
Facilities Management
419/20068:36 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
411112006 10:49 AM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
4111120062:09 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
4/13120063:27 PM
Approved By
Agenda Item No, 16A8
April 25, 2006
Page 7 of 18
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/13120063:55 PM
CONSERVATION COLLIER
Property Identification No. 39490240001
Agenda Item No. 16A8
April 25. 2006
Page 8 of 18
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between DARYL BALLWEG,
AS TO AN UNDIVIDED HALF INTEREST, AND LARRY HORMAN AND MARY ANN
HORMAN, HIS WIFE, AS TO AN UNDIVIDED HALF INTEREST, whose address is
3205 Shore Drive, Celina, OH 45822-2726, (hereinafter referred to as "Seller"), and
COLLIER COUNTY, a political subdivision of the State of Florida, its successors and
assigns, whose address is 3301 Tamiami Trail East, Naples, FL 34112, (hereinafter
referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described in Exhibit "A", attached hereto and made a part hereof by
reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00),
the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
I. AGREEMENT
1,01 In consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase
from Seller the Property, described in Exhibit "A".
II. PAYMENT OF PURCHASE PRICE
2,01 The purchase price (the "Purchase Price") for the Property shall be One
Hundred Seventy Five Thousand Dollars ($175,000.00), (U.S. Currency)
payable at time of closing.
III. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before one hundred and twenty
(120) days following execution of this Agreement by the Purchaser, unless
extended by mutual written agreement of the parties hereto. The Closing shall be
held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami
Trail East, Naples, Florida, The procedure to be followed by the parties in
connection with the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law. At the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the
Property, free and clear of all liens and encumbrances other than:
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CONSERVATION COLLIER
Property Identification No. 39490240001
Agenda Item No. 16A8
April 25,2006
Page 9 of 18
(a) The lien for current taxes and assessments,
(b) Such other easements, restrictions or conditions of record,
3,0112 Combined Purchaser-Seller closing statement.
3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer Identification and
Certification" as required by the Internal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following:
3.0121 A negotiable instrument (County Warrant) in an amount equal to
the Purchase Price, No funds shall be disbursed to Seller until the Title
Company verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the
commitment, referenced in Section 4,011 thereto, and the Title
Company is irrevocably committed to pay the Purchase Price to Seller
and to issue the Owner's title policy to Purchaser in accordance with the
commitment immediately after the recording of the deed.
3,0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth,
3,02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01,
Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued
pursuant to the Commitment provided for in Section 4.011 below, shall be paid by
Purchaser, The cost of the title commitment shall also be paid by Purchaser,
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real
Property taxes shall be prorated based on the current year's tax with due
allowance made for maximum allowable discount, homestead and any other
applicable exemptions and paid by Seller. If Closing occurs at a date which the
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage,
IV, REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall
perform the following within the times stated, which shall be conditions precedent
to the Closing;
4,011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as
evidence of title an AL TA Commitment for an Owner's Title Insurance Policy
(AL TA Form B-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following
receipt of the title insurance commitment, to notify Seller in writing of any
objection to title other than liens evidencing monetary obligations, if any,
which obligations shall be paid at closing. If the title commitment contains
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CONSERVATION COLLIER
Property Identification No. 39490240001
Agenda Item No. 16AS
April 25, 2006
Page 10 of 18
exceptions that make the title unmarketable, Purchaser shall deliver to the
Seller written notice of its intention to waive the applicable contingencies or to
terminate this Agreement
4.012 If Purchaser shall fail to advise the Seller in writing of any such
objections in Seller's title in the manner herein required by this Agreement, the
title shall be deemed acceptable. Upon notification of Purchaser's objection to
title, Seller shall have thirty (3D) days to remedy any defects in order to convey
good and marketable title, except for liens or monetary obligations which will
be satisfied at Closing, Seller, at its sole expense, shall use its best efforts to
make such title good and marketable. In the event Seller is unable to cure
said objections within said time period, Purchaser, by providing written notice
to Seller within seven (7) days after expiration of said thirty (30) day period,
may accept title as it then is, waiving any objection; or Purchaser may
terminate the Agreement. A failure by Purchaser to give such written notice of
termination within the time period provided herein shall be deemed an election
by Purchaser to accept the exceptions to title as shown in the title
commitment.
4.013 Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within 10 (ten) days of the effective date of this
Agreement. Purchaser shall have the option, at its own expense, to obtain a
current survey of the Property prepared by a surveyor licensed by the State of
Florida, No adjustments to the Purchase Price shall be made based upon any
change to the total acreage referenced in Exhibit "A," unless the difference in
acreage revealed by survey exceeds 5% of the overall acreage. If the survey
provided by Seller or obtained by Purchaser, as certified by a registered
Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an
improvement located on the Property projects onto lands of others, or (c) lack
of legal access to a public roadway, the Purchaser shall notify the Seller in
writing of such encroachment, projection, or lack of legal access, and Seller
shall have the option of curing said encroachment or projection, or obtaining
legal access to the Property from a public roadway, within sixty (60) days of
receipt of said written notice from Purchaser. Purchaser shall have ninety (90)
days from the effective date of this Agreement to notify Seller of any such
objections. Should Seller elect not to or be unable to remove the
encroachment, projection, or provide legal access to the property within said
sixty (60) day period, Purchaser, by providing written notice to Seller within
seven (7) days after expiration of said sixty (60) day period, may accept the
Property as it then is, waiving any objection to the encroachment, or
projection, or lack of legal access, or Purchaser may terminate the Agreement.
A failure by Purchaser to give such written notice of termination within the time
period provided herein shall be deemed an election by Purchaser to accept the
Property with the encroachment, or projection, or lack of legal access.
V, INSPECTION PERIOD
5.01 Purchaser shall have one hundred and twenty (120) days from the date of
this Agreement, ("Inspection Period"), to determine through appropriate
investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2, There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination,
4, The Property can be utilized for its intended purpose.
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CONSERVATION COLLIER
Property Identification No. 39490240001
Agenda Item No. 16A8
April 25, 2006
Page 11 of 18
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
Inspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller
in writing of its specific objections as provided herein within the Inspection Period,
it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article VI shall be deemed waived. In
the event Purchaser elects to terminate this Agreement because of the right of
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to
the Property.
5.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation.
Purchaser shall, in performing such tests, use due care and shall indemnify Seller
on account of any loss or damages occasioned thereby and against any claim
made against Seller as a result of Purchaser's entry, Seller shall be notified by
Purchaser no less than twenty-four (24) hours prior to said inspection of the
Property.
VI. INSPECTION
6,01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing.
VII. POSSESSION
7.01 Purchaser shall be entitled to full possession of the Property at Closing.
VIII. PRORATIONS
8.01 Ad valorem taxes next due and payable, after closing on the Property, shall
be prorated at Closing based upon the gross amount of 2005 taxes, and shall be
paid by Seller.
IX. TERMINATION AND REMEDIES
9.01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of
written notification of such failure, Purchaser may, at its option, terminate this
Agreement by giving written notice of termination to Seller. Purchaser shall have
the right to seek and enforce all rights and remedies available at law or in equity
to a contract vendee, including the right to seek specific performance of this
Agreement
9.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or otherwise fails to perform any of the terms,
covenants and conditions of this Agreement as required on the part of Purchaser
to be performed, provided Seller is not in default, then as Seller's sole remedy,
Seller shall have the right to terminate and cancel this Agreement by giving written
notice thereof to Purchaser, whereupon one-half percent (1/2%) of the purchase
price shall be paid to Seller as liquidated damages which shall be Seller's sole
and exclusive remedy, and neither party shall have any further liability or
obligation to the other except as set forth in paragraph 12.01, (Real Estate
Brokers), hereof. The parties acknowledge and agree that Seller's actual
damages in the event of Purchaser's default are uncertain in amount and difficult
to ascertain, and that said amount of liquidated damages was reasonably
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CONSERVATION COLLIER
Property Identification No. 39490240001
Agenda Item No, 1 AS
April 25, 2 06
Page 120 18
determined by mutual agreement between the parties, and said sum was not
intended to be a penalty in nature.
9.03 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies
to each of the parties, and take into account the peculiar risks and expenses of
each of the parties.
x. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
10,01 Seller and Purchaser represent and warrant the following:
10.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
10.012 Seller has full right, power, and authority to own and operate the
Property, and to execute, deliver, and perform its obligations under this
Agreement and the instruments executed in connection herewith, and to
consummate the transaction contemplated hereby. All necessary
authorizations and approvals have been obtained authorizing Seller and
Purchaser to execute and consummate the transaction contemplated hereby,
At Closing, certified copies of such approvals shall be delivered to Purchaser
and/or Seller, if necessary.
10.013 The warranties set forth in this paragraph shall be true on the date of
this Agreement and as of the date of Closing, Purchaser's acceptance of a
deed to the said Property shall not be deemed to be full performance and
discharge of every agreement and obligation on the part of the Seller to be
performed pursuant to the provisions of this Agreement.
10.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller,
at law, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
10.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
10.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
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.
10.017 Seller represents that there are no incinerators, septic tanks or
cesspools on the Property; all waste, if any, is discharged into a public sanitary
sewer system; Seller represents that they have (it has) no knowledge that any
pollutants are or have been discharged from the Property, directly or indirectly
into any body of water. Seller represents the Property has not been used for
the production, handling, storage, transportation, manufacture or disposal of
hazardous or toxic substances or wastes, as such terms are defined in
applicable laws and regulations, or any other activity that would have toxic
results, and no such hazardous or toxic substances are currently used in
connection with the operation of the Property, and there is no proceeding or
5
CONSERVATION COLLIER
Property Identification No. 39490240001
Agenda Item No. 16A8
April 25,2006
Page 13 of 18
inquiry by any authority with respect thereto, Seller represents that they have
(it has) no knowledge that there is ground water contamination on the Property
or potential of ground water contamination from neighboring properties. Seller
represents no storage tanks for gasoline or any other substances are or were
located on the Property at any time during or prior to Seller's ownership
thereof. Seller represents none of the Property has been used as a sanitary
landfill.
10,018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or
local statute, law or regulation, or of any notice from any governmental body
has been served upon Seller claiming any violation of any law, ordinance,
code or regulation or requiring or calling attention to the need for any work,
repairs, construction, alterations or installation on or in connection with the
Property in order to comply with any laws, ordinances, codes or regulation with
which Seller has not complied.
10.019 There are no unrecorded restrictions, easements or rights of way
(other than existing zoning regulations) that restrict or affect the use of the
Property, and there are no maintenance, construction, advertising,
management, leasing, employment, service or other contracts affecting the
Property,
10,020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects Seller's ability
to perform hereunder; nor is there any other charge or expense upon or
related to the Property which has not been disclosed to Purchaser in writing
prior to the effective date of this Agreement.
10.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this
Agreement up to and including the Date of Closing. Therefore, Seller agrees
not to enter into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to periorm any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same, Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property,
10,022 At the Closing, Seller shall deliver to Purchaser a statement
(hereinafter called the "Closing Representative Statement") reasserting the
foregoing representations as of the Date of Closing, which provisions shall
survive the Closing.
10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend
and hold Purchaser harmless from any and all costs (including attorney's fees)
asserted against, imposed on or incurred by Purchaser, directly or indirectly,
pursuant to or in connection with the application of any federal, state, local or
common law relating to pollution or protection of the environment which shall
be in accordance with, but not limited to, the Comprehensive Environmental
6
CONSERVATION COLLIER
Property Identification No. 39490240001
Agenda Item NO.1 A8
April 25, 2 06
Page 140 18
Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601,
et seq" ("CERCLA" or "Superfund"), which was amended and upgraded by the
Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including
any amendments or successor in function to these acts, This provision and
the rights of Purchaser, hereunder, shall survive Closing and are not deemed
satisfied by conveyance of title.
10,024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense,
XI. NOTICES
11.01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by registered, or certified
mail, return receipt requested, postage prepaid, addressed as follows:
If to Purchaser:
With a copy to:
If to Seller:
With a copy to:
Alexandra Sulecki, Coordinator
Conservation Collier Land Acquisition Program
Collier County Environmental Services Department
2800 North Horseshoe Dr.
Naples, Florida 34104
Cindy M. Erb, Senior Property Acquisition Specialist
Collier County Real Estate Services
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone number: 239-774-8991
Fax number: 239-774-8876
Daryl Ballweg
3205 Shore Drive
Celina, OH 45822-2726
Telephone number: 937-441-7648
Fax number: AJ lit
Larry & Mary Ann Horman
306 Main Street
Wapakoneta, OH 45895
Telephone number: /Vlh
Fax number: A/ I A
.
11.02 The addressees and numbers for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party
in the manner provided herein, For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in
effect for all purposes,
XII. REAL ESTATE BROKERS
12.01 Any and all brokerage commissions or fees shall be the sole responsibility
of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from
and against any claim or liability for commission or fees to any broker or any other
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a
separate agreement, if any.
7
CONSERVATION COLLIER
Property Identification No. 39490240001
Agenda Item No. 1 A8
April 25, 2 06
Page 1 5 0 18
XIII. MISCELLANEOUS
13.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
13.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit
of and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees
whenever the context so requires or admits.
13.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
13.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or
limit the scope or intent of this Agreement or any provisions hereof.
13.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
13.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision.
13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day.
13.08 Seller is aware of and understands that the "offer" to purchase represented
by this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
13.09 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County. (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.)
13.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
XIV. ENTIRE AGREEMENT
14.01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty or
covenant not included in this Agreement or any such referenced agreements has
been or is being relied upon by either party. No modification or amendment of
this Agreement shall be of any force or effect unless made in writing and executed
and dated by both Purchaser and Seller. Time is of the essence of this
Agreement.
e
CONSERVATION COLLIER
Property Identification No. 39490240001
Agenda Item NO.1 A8
April 25, 2 06
Page 160 18
IN WITNESS WHEREOF, the parties hereto have signed below.
Dated Project/Acquisition Approved by BCC:
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk
FRANK HALAS, Chairman
AS TO SELLER:
DATED:
:5 .... ". Pro
WITNESSES:
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(Print d Name)
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(Printed Name)
BY })~
DARYL LL G
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( rinte Name)
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(Printed Name)
9
CONSERVATION COLLIER
Property Identification No. 39490240001
\-ki,?, ~d- - ,
~tuW
trvw{! ;..[~rJ(~
(Pfinted Name)
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(Printed Name)
Approved as to form and
legal sufficiency:
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Ellen T. Chadwell
Assistant County Attorney
Agenda Item No. 16A8
April 25, 2006
Page 17 of 18
BY~ d~~ ~--c/
M Y NN HOR A
10
EXHIBIT "A"
PROPERTY IDENTIFICATION NUMBER: 39490240001
LEGAL DESCRIPTION:
THE WEST ONE HUNDRED FIFTY (150') FEET OF TRACT 6,
UNIT 53 GOLDEN GATE ESTATES, ACCORDING TO PLAT
THEREOF RECORDED IN PLAT BOOK 7, PAGE 93 IN THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
I
Agenda Item No. 11A8
April 25, 2~06
Page 18 of 18
Agenda Item No. 16A9
April 25, 2006
Page 1 of 17
.-'
EXECUTIVE SUMMARY
Recommendation to approve an Agreement for Sale and Purchase with Antonio Briceno and
Carmen M. Briceno for 4.66 acres under the Conservation Collier Land Acquisition Program, at
a cost not to exceed $173,750.
OBJECTIVE: Request approval and execution of the attached Agreement for Sale and Purchase
(Agreement) between the Board of County Commissioners (Board) and Antonio Briceno and Carmen
M. Briceno (Sellers).
CONSIDERATIONS: On January 27, 2004, Agenda Item 10A, the Board approved a Collier
Conservation Land Acquisition Advisory Committee (CCLAAC) recommended Active Acquisition
List, with changes, and directed staff to actively pursue acquisition of the properties under the
Conservation Collier Program.
On June 22, 2004, Agenda Item 16A2, the Board confIrmed their direction to staff authorizing staff to
proceed with purchase contracts for Golden Gates Estates, Unit 53, properties as they become available
and to bring these contracts back to the Board for final approval.
--
The Sellers' property contains 4.66 acres and is located within Golden Gate Estates, Unit 53, also
known in the Conservation Collier Program as the Red Maple Swamp Preserve. In accordance with
the approved Conservation Collier Purchasing Policy, the purchase price of $172,000 was based upon
an appraisal prepared by an independent, state-certified, general real estate appraiser.
The attached Agreement provides that should the County elect not to close this transaction for any
reason, except for default by the Sellers, the County will pay the Sellers $860 in liquidated damages.
The CCLAAC approved this transaction on April 10, 2006, and voted to recommend Board approval
and execution of the attached Agreement.
Pursuant to Ordinance 2003-63, Section 13(8), a Project Design Report for the property is provided
herewith.
The Agreement has been reviewed and approved by the County Attorney's Office and Environmental
Services Department.
FISCAL IMPACT: The total cost of acquisition will not exceed $173,750 ($172,000 for the
property, $250 for the appraisal, and approximately $1,500 for a title commitment, a title policy, and
recording of related documents). The funds will be withdrawn from the Conservation Collier Trust
Fund (172). As of April 10, 2006, property costs for Conservation Collier properties, including this
property and those under contract, total $37,549,533.
GROWTH MANAGEMENT IMPACT: Fee simple acquisition of conservation lands is consistent
with and supports Policy 1.3.1(e) in the Conservation and Coastal Management Element of the Collier
County Growth Management Plan.
.-
Agenda Item No. 16A9
April 25, 2006
Page 2 of 17
EXECUTIVE SUMMARY
Conservation Collier - Agreement for Sale and Purchase - Briceno
Page 2
LEGAL CONSIDERATIONS: The Conservation Collier Ordinance (2002-63) provides a legal
framework for property acquisition for the Conservation Collier Program. The process for acquiring
this property falls within the legal framework of Ordinance 2002-63.
RECOMMENDATION: Staff is recommending that the Board of County Commissioners:
1. Approve the attached Agreement and accept the Warranty Deed once it has been received
and approved by the County Attorney's Office; and
2. Authorize the Chairman to execute the Agreement and any and all other County Attorney's
Office approved documents related to this purchase; and
3. Authorize the County Manager or his designee to prepare related vouchers and Warrants for
payment; and
4. Direct the County Manager or his designee to proceed to acquire the property, to follow all
appropriate closing procedures, to record the deed and any and all necessary documents to
obtain clear title to the property, and to take all reasonable steps necessary to ensure
performance under the Agreement; and
5. Approve any necessary budget amendments.
PREPARED BY: Cindy Erb, Property Acquisition Specialist, Sr.
Real Estate Services / Facilities Management Department
Agenda Item No. 16A9
April 25, 2006
Page 3 of 17
Conservation Collier Land Acquisition Program
Project Design Report
Date: April 10, 2006
Conservation Collier North Golden Gate Estates
Unit 53 Location Map
SHADY H:;)llOW BLVD E
AVE NW
41$T AVE NE
39TH AVE NW
39TH AVE NE
37TH AvE NW
37TH AvE NE
Briceno-4.66 acres
35TH AVE NW
35TH AVE NE
33RO AvE NW
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25TH AY NW 25TH AV NE
24TH AVE NW
24TH AVE NE :?41H AvE NE
Legend - NGGE Unit 53
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NGGE Unit 53
_ Acquired
_ Under Contract
c.onservation La:JdS .
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Pata S.ur~.: Parcels ~ collier County Property Appraiser
Created .y: GIS f CDES I E."."lronme"tal Service.
G:\(:orl.,ervatlon Colller'llSCR\ Unlt&3j1..cq.mKd
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Date: 1/25/0.
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Property Owner: Antonio and Carmen M. Briceno
Folio(s): 39490360004
Location: North Golden Gate Estates Unit 53, E 150 Ft of Tract 7
Size: 4.66 acres
Appraisal/Offer Amount: $172,000
3
Agenda Item No. 16A9
April 25, 2006
Page 4 of 1 7
Historv of Proiect:
Received Project Selected Project BCC Purchase offer Offer Accepted
application for the "A'~ Approved for Approval made to owners
category , #1 purchase by to buy as
priority, on the BCC properties
Active become
Acquisition List available
by CCLAAC confinned
2/3/06 12/] 5103 1/27/04 6/22/04 2/22/06 3/]5/06
Purpose of Proiect: Conservation Collier
Proeram Qualifications:
This is one of a number of parcels approved for acquisition that are part of a larger, multi-parcel, multi-
ovmer project known as the North Golden Gate Estates (NGGE) Unit 53 Project. These parcels were
considered in context of the whole project. The following identifies the ecological value, significance
for water resources, human values and aesthetics, vulnerability to development and management
potential for this project.
Native habitat present over the whole unit is wetland hardwood forest, with a substantial portion of that
being dominated by cypress and red maple swamp and the remainder by native and exotic re-growth
over an historic farm field. Although the unit has been platted for single-family home development, at
present there are no homes, streets are unpaved and there is no electric service. Soils, hydrology and
extant plant species indicate that the entire unit is a seasonal wetland, with surface water present during
rainy season and moist conditions remaining during dry season (excepting drought conditions when
water tables may recede lower). The area contributes moderately to Lower Tamiami aquifer recharge
(7-14 inches per year) and wetland dependant bird species were observed on site. A native terrestrial
orchid species state listed as Threatened, Wild Coco (Eulophia alta) and a fern species, Royal fern
(Osmunda regalis) listed by the state as Commercially exploited were observed in abundance. No
listed wildlife species were observed, however, the entire unit is directly adjacent to Priority One
Panther Habitat, as designated by the Florida Fish and Wildlife Conservation Commission. Black
bear, another listed species, are known to inhabit adjoining public lands.
This entire area is connected with South Florida Water Management District (SFWMD) lands which
are known as the Corkscrew Regional Ecosystem Watershed (CREW), separated into CREW Trust
conservation lands and the Audubon Corkscrew Sanctuary. Acquisition of NGGE Unit 53 would
enhance, protect, buffer both areas and provide additional public access to CREW Trust lands.
Conservation of this area would offer multiple opportunities for land-based natural resource recreation
including potential for hunting, as coordinated with limited seasonal hunting permitted on adjoining
CREW lands. The SFWMD has constructed a 1,400-foot boardwalk and several miles of trails just to
the north of Unit 53, which area accessed through NGGE Unit 53. Conservation Collier will seek to
partner with SFWMD to enhance this access.
This area is vulnerable to development as it is zoned for single-family residences. None have been
built to date, however permits could be issued at any time.
4
Agenda Item No. 16A9
April 25, 2006
Page 5 of 17
Once a group of contiguous parcels can be acquired, there is potential for a management partnership
with the neighboring CREW Trust. Management would primarily consist of exotic removal and
maintenance of existing unpaved roads to provide access to trails. Expansion of trails into these lands
is contemplated over time. See the Initial Criteria Screening Report for full criteria evaluation.
Proiected Manaf!ement Activities:
Removal of exotic plants, construction of trails, parking and placement of fencing and signage are
projected management activities, but these would not be done until more contiguous properties can be
acquired.
5
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A9
April 25, 2006
Page 6 of 17
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A9
Recommendation to approve an Agreement for Sale and Purchase with Antonio Briceno and
Carmen M. Briceno for 4.66 acres under the Conservation Collier Land Acquisition Program,
at a cost not to exceed 5)173,750
4/25/2006 900:00 AM
Prepared By
Cindy M. Erb
Administrative Services
Senior Property Acquisition Specialist
Date
Facilities Management
4/4f2006 9:56:30 AM
Approved By
Charles E. Carrington, Jr.,
SRfWA
Administrative Services
Real Estate Services Manager
Date
Facilities Management
4/4/2006 10:57 AM
Approved By
Skip Camp, C.F.M.
Administrative Services
Facilities Management Director
Date
Facilities Management
4/4/20063:57 PM
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
4/5/20068:32 AM
Approved By
William D. Lorenz, Jr., P.E.
Community Development &
Environmental Services
Environmental Services Director
Date
Environmental Services
4/5/2006 11 :02 AM
Approved By
Alexandra J. Sulecki
Community Development &
Environmental Services
Senior Environmental Specialist
Date
Environmental Services
4/6/20064:55 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
4/7/20068:26 PM
Approved By
OMS Coordinator
Count~' Manager's Office
Administrative Assistant
Date
Office of Management & Budget
4/10/200610:46 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
4/13f2006 3 :22 PM
Approved By
Agenda Item No. 16A9
April 25,2006
Page 7 of 17
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4113120063:54 PM
CONSERVATION COLLIER
Property Identification No. 39490360004
Agenda Item No. 16A9
April 25, 2006
Page 8 of 17
AGREEMENT FOR SALE AND PURCHASE
THIS AGREEMENT is made and entered into by and between ANTONIO BRICENO
AND CARMEN M. BRICENO as joint tenants with right of survivorship, whose
address is 3681 13th Avenue SW, Naples, FL 34117-5325, (hereinafter referred to as
"Seller"), and COLLIER COUNTY, a political subdivision of the State of Florida, its
successors and assigns, whose address is 3301 Tamiami Trail East, Naples, FL
34112, (hereinafter referred to as "Purchaser").
WITNESSETH
WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter
referred to as "Property"), located in Collier County, State of Florida, and being more
particularly described in Exhibit "A", attached hereto and made a part hereof by
reference.
WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions
and other agreements hereinafter set forth, and Seller is agreeable to such sale and to
such conditions and agreements.
NOW, THEREFORE, and for and in consideration of the premises and the respective
undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00),
the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows:
I. AGREEMENT
1.01 In consideration of the purchase price and upon the terms and conditions
hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase
from Seller the Property, described in Exhibit "A".
II. PAYMENT OF PURCHASE PRICE
2.01 The purchase price (the "Purchase Price") for the Property shall be One
Hundred Seventy Two Thousand Dollars ($172,000.00), (U.S. Currency)
payable at time of closing.
/II. CLOSING
3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR
"CLOSING") of the transaction shall be held on or before one hundred and twenty
(120) days following execution of this Agreement by the Purchaser, unless
extended by mutual written agreement of the parties hereto. The Closing shall be
held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami
Trail East, Naples, Florida. The procedure to be followed by the parties in
connection with the Closing shall be as follows:
3.011 Seller shall convey a marketable title free of any liens, encumbrances,
exceptions, or qualifications. Marketable title shall be determined according to
applicable title standards adopted by the Florida Bar and in accordance with
law. At the Closing, the Seller shall cause to be delivered to the Purchaser
the items specified herein and the following documents and instruments duly
executed and acknowledged, in recordable form:
3.0111 Warranty Deed in favor of Purchaser conveying title to the
Property, free and clear of all liens and encumbrances other than:
(a) The lien for current taxes and assessments.
(b) Such other easements, restrictions or conditions of record.
1
CONSERVATION COLLIER
Property Identification No. 39490360004
Agenda Item No. 16A9
April 25, 2006
Page 9 of 17
3.0112 Combined Purchaser-Seller closing statement.
3.0113 A "Gap," Tax Proration, Owner's and Non-Foreign Affidavit," as
required by Section 1445 of the Internal Revenue Code and as required
by the title insurance underwriter in order to insure the "gap" and issue
the policy contemplated by the title insurance commitment.
3.0114 A W-9 Form, "Request for Taxpayer Identification and
Certification" as required by the Internal Revenue Service.
3.012 At the Closing, the Purchaser, or its assignee, shall cause to be delivered to
the Seller the following: .
3.0121 A negotiable instrument (County Warrant) in an amount equal to
the Purchase Price. No funds shall be disbursed to Seller until the Title
Company verifies that the state of the title to the Property has not
changed adversely since the date of the last endorsement to the
commitment, referenced in Section 4.011 thereto, and the Title
Company is irrevocably committed to pay the Purchase Price to Seller
and to issue the Owner's title policy to Purchaser in accordance with the
commitment immediately after the recording of the deed.
3.0122 Funds payable to the Seller representing the cash payment due
at Closing in accordance with Article III hereof, shall be subject to
adjustment for prorations as hereinafter set forth.
3.02 Each party shall be responsible for payment of its own attorney's fees. Seller,
at its sole cost and expense, shall pay at Closing all documentary stamp taxes due
relating to the recording of the Warranty Deed, in accordance with Chapter 201.01,
Florida Statutes, and the cost of recording any instruments necessary to clear
Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued
pursuant to the Commitment provided for in Section 4.011 below, shall be paid by
Purchaser. The cost of the title commitment shall also be paid by Purchaser.
3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real
Property taxes shall be prorated based on the current year's tax with due
allowance made for maximum allowable discount, homestead and any other
applicable exemptions and paid by Seller. If Closing occurs at a date which the
current year's millage is not fixed, taxes will be prorated based upon such prior
year's millage.
IV. REQUIREMENTS AND CONDITIONS
4.01 Upon execution of this Agreement by both parties or at such other time as
specified within this Article, Purchaser and/or Seller, as the case may be, shall
perform the following within the times stated, which shall be conditions precedent
to the Closing;
4.011 Within fifteen (15) days after the date hereof, Purchaser shall obtain as
evidence of title an AL TA Commitment for an Owner's Title Insurance Policy
(ALTA Form 8-1970) covering the Property, together with hard copies of all
exceptions shown thereon. Purchaser shall have thirty (30) days, following
receipt of the title insurance commitment, to notify Seller ill writing of any
objection to title other than liens evidencing monetary obligations, if any,
which obligations shall be paid at closing. If the title commitment contains
exceptions that make the title unmarketable, Purchaser shall deliver to the
Seller written notice of its intention to waive the applicable contingencies or to
terminate this Agreement.
4.012 If Purchaser shall fail to advise the Seller in writing of any such
objections in Seller's title in the manner herein required by this Agreement, the
2
CONSERVATION COLLIER
Property Identification No. 39490360004
Agenda Item No. 16A9
April 25, 2006
Page 10 of 17
title shall be deemed acceptable. Upon notification of Purchaser's objection to
title, Seller shall have thirty (30) days to remedy any defects in order to convey
good and marketable title, except for liens or monetary obligations which will
be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to
make such title good and marketable. In the event Seller is unable to cure
said objections within said time period, Purchaser, by providing written notice
to Seller within seven (7) days after expiration of said thirty (30) day period,
may accept title as it then is, waiving any objection; or Purchaser may
terminate the Agreement. A failure by Purchaser to give such written notice of
termination within the time period provided herein shall be deemed an election
by Purchaser to accept the exceptions to title as shown in the title
commitment.
4.013 Seller agrees to furnish any existing surveys of the Property in Seller's
possession to Purchaser within 10 (ten) days of the effective date of this
Agreement. Purchaser shall have the option, at its own expense, to obtain a
current survey of the Property prepared by a surveyor licensed by the State of
Florida. No adjustments to the Purchase Price shall be made based upon any
change to the total acreage referenced in Exhibit "A," unless the difference in
acreage revealed by survey exceeds 5% of the overall acreage. If the survey
provided by Seller or obtained by Purchaser, as certified by a registered
Florida surveyor, shows: (a) an encroachment onto the property; or (b) that an
improvement located on the Property projects onto lands of others, or (c) lack
of legal access to a public roadway, the Purchaser shall notify the Seller in
writing of such encroachment, projection, or lack of legal access, and Seller
shall have the option of curing said encroachment or projection, or obtaining
legal access to the Property from a public roadway, within sixty (60) days of
receipt of said written notice from Purchaser. Purchaser shall have ninety (90)
days from the effective date of this Agreement to notify Seller of any such
objections. Should Seller elect not to or be unable to remove the
encroachment, projection, or provide legal access to the property within said
sixty (60) day period, Purchaser, by providing written notice to Seller within
seven (7) days after expiration of said sixty (60) day period, may accept the
Property as it then is, waiving any objection to the encroachment, or
projection, or lack of legal access, or Purchaser may terminate the Agreement.
A failure by Purchaser to give such written notice of termination within the time
period provided herein shall be deemed an election by Purchaser to accept the
Property with the encroachment, or projection, or lack of legal access.
V. INSPECTION PERIOD
5.01 Purchaser shall have one hundred and twenty (120) days from the date of
this Agreement, ("Inspection Period"), to determine through appropriate
investigation that:
1. Soil tests and engineering studies indicate that the Property can be developed
without any abnormal demucking, soil stabilization or foundations.
2. There are no abnormal drainage or environmental requirements to the
development of the Property.
3. The Property is in compliance with all applicable State and Federal
environmental laws and the Property is free from any pollution or
contamination.
4. The Property can be utilized for its intended purpose.
5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of
any investigation, Purchaser shall deliver to Seller prior to the expiration of the
Inspection Period, written notice of its intention to waive the applicable
contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller
in writing of its specific objections as provided herein within the Inspection Period,
it shall be deemed that the Purchaser is satisfied with the results of its
investigations and the contingencies of this Article VI shall be deemed waived. In
the event Purchaser elects to terminate this Agreement because of the right of
3
CONSERVATION COLLIER
Property Identification No. 39490360004
Agenda Item No. 16A9
April 25, 2006
Page 11 of 17
inspection, Purchaser shall deliver to Seller copies of all engineering reports and
environmental and soil testing results commissioned by Purchaser with respect to
the Property.
5.03 Purchaser and its agents, employees and servants shall, at their own risk and
expense, have the right to go upon the Property for the purpose of surveying and
conducting site analyses, soil borings and all other necessary investigation.
Purchaser shall, in performing such tests, use due care and shall indemnify Seller
on account of any loss or damages occasioned thereby and against any claim
made against Seller as a result of Purchaser's entry. Seller shall be notified by
Purchaser no less than twenty-four (24) hours prior to said inspection of the
Property.
VI. INSPECTION
6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have
the right to inspect the Property at any time prior to the Closing.
VII. POSSESSION
7.01 Purchaser shall be entitled to full possession of the Property at Closing.
VIII. PRORATIONS
8.01 Ad valorem taxes next due and payable, after closing on the Property, shall
be prorated at Closing based upon the gross amount of 2005 taxes, and shall be
paid by Seller.
IX. TERMINATION AND REMEDIES
9.01 If Seller shall have failed to perform any of the covenants and/or agreements
contained herein which are to be performed by Seller, within ten (10) days of
written notification of such failure, Purchaser may, at its option, terminate this
Agreement by giving written notice of termination to Seller. Purchaser shall have
the right to seek and enforce all rights and remedies available at law or in equity
to a contract vendee, including the right to seek specific performance of this
Agreement.
9.02 If the Purchaser has not terminated this Agreement pursuant to any of the
provisions authorizing such termination, and Purchaser fails to close the
transaction contemplated hereby or otherwise fails to perform any of the terms,
covenants and conditions of this Agreement as required on the part of Purchaser
to be performed, provided Seller is not in default, then as Seller's sole remedy,
Seller shall have the right to terminate and cancel this Agreement by giving written
notice thereof to Purchaser, whereupon one-half percent (1/2%) of the purchase
price shall be paid to Seller as liquidated damages which shall be Seller's sole
and exclusive remedy, and neither party shall have any further liability or
obligation to the other except as set forth in paragraph 12.01, (Real Estate
Brokers), hereof. The parties acknowledge and agree that Seller's actual
damages in the event of Purchaser's default are uncertain in amount and difficult
to ascertain, and that said amount of liquidated damages was reasonably
determined by mutual agreement between the parties, and said sum was not
intended to be a penalty in nature.
9.03 The parties acknowledge that the remedies described herein and in the other
provisions of this Agreement provide mutually satisfactory and sufficient remedies
to each of the parties, and take into account the peculiar risks and expenses of
each of the parties.
X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES
10.01 Seller and Purchaser represent and warrant the following:
4
CONSERVATION COLLIER
Property Identification No. 39490360004
Agenda Item No. 16A9
April 25, 2006
Page 12 of 17
10.011 Seller and Purchaser have full right and authority to enter into and to
execute this Agreement and to undertake all actions and to perform all tasks
required of each hereunder. Seller is not presently the subject of a pending,
threatened or contemplated bankruptcy proceeding.
10.012 Seller has full right, power, and authority to own and operate the
Property, and to execute, deliver, and perform its obligations under this
Agreement and the instruments executed in connection herewith, and to
consummate the transaction contemplated hereby. All necessary
authorizations and approvals have been obtained authorizing Seller and
Purchaser to execute and consummate the transaction contemplated hereby.
At Closing, certified copies of such approvals shall be delivered to Purchaser
and/or Seller, if necessary.
10.013 The warranties set forth in this paragraph shall be true on the date of
this Agreement and as of the date of Closing. Purchaser's acceptance of a
deed to the said Property shall not be deemed to be full performance and
discharge of every agreement and obligation on the part of the Seller to be
performed pursuant to the provisions of this Agreement.
10.014 Seller represents that it has no knowledge of any actions, suits, claims,
proceedings, litigation or investigations pending or threatened against Seller,
at law, equity or in arbitration before or by any federal, state, municipal or other
governmental instrumentality that relate to this agreement or any other
property that could, if continued, adversely affect Seller's ability to sell the
Property to Purchaser according to the terms of this Agreement.
10.015 No party or person other than Purchaser has any right or option to
acquire the Property or any portion thereof.
10.016 Until the date fixed for Closing, so long as this Agreement remains in
force and effect, Seller shall not encumber or convey any portion of the
Property or any rights therein, nor enter into any agreements granting any
person or entity any rights with respect to the Property or any part thereof,
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.
10.017 Seller represents that there are no incinerators, septic tanks or
cesspools on the Property; all waste, if any, is discharged into a public sanitary
sewer system; Seller represents that they have (it has) no knowledge that any
pollutants are or have been discharged from the Property, directly or indirectly
into any body of water. Seller represents the Property has not been used for
the production, handling, storage, transportation, manufacture or disposal of
hazardous or toxic substances or wastes, as such terms are defined in
applicable laws and regulations, or any other activity that would have toxic
results, and no such hazardous or toxic substances are currently used in
connection with the operation of the Property, and there is no proceeding or
inquiry by any authority with respect thereto. Seller represents that they have
<it has) no knowledge that there is ground water contamination on the Property
or potential of ground water contamination from neighboring properties. Seller
represents no storage tanks for gasoline or any other substances are or were
located on the Property at any time during or prior to Seller's ownership
thereof. Seller represents none of the Property has been used as a sanitary
landfill.
10.018 Seller has no knowledge that the Property and Seller's operations
concerning the Property are in violation of any applicable Federal, State or
local statute, law or regulation, or of any notice from any governmental body
has been served upon Seller claiming any violation of any law, ordinance,
code or regulation or requiring or calling attention to the need for any work,
5
CONSERVATION COLLIER
Property Identification No. 39490360004
Agenda Item No. 16A9
April 25, 2006
Page 1 3 of 17
repairs, construction, alterations or installation on or in connection with the
Property in order to comply with any laws, ordinances, codes or regulation with
which Seller has not complied.
10.019 There are no unrecorded restrictions, easements or rights of way
(other than existing zoning regulations) that restrict or affect the use of the
Property, and there are no maintenance, construction, advertising,
management, leasing, employment, service or other contracts affecting the
Property.
10,020 Seller has no knowledge that there are any suits, actions or arbitration,
bond issuances or proposals therefor, proposals for public improvement
assessments, pay-back agreements, paving agreements, road expansion or
improvement agreements, utility moratoriums, use moratoriums, improvement
moratoriums, administrative or other proceedings or governmental
investigations or requirements, formal or informal, existing or pending or
threatened which affects the Property or which adversely affects Seller's ability
to perform hereunder; nor is there any other charge or expense upon or
related to the Property which has not been disclosed to Purchaser in writing
prior to the effective date of this Agreement.
10.021 Seller acknowledges and agrees that Purchaser is entering into this
Agreement based upon Seller's representations stated above and on the
understanding that Seller will not cause the zoning or physical condition of the
Property to change from its existing state on the effective date of this
Agreement up to and including the Date of Closing. Therefore, Seller agrees
not to enter into any contracts or agreements pertaining to or affecting the
Property and not to do any act or omit to perform any act which would change
the zoning or physical condition of the Property or the governmental
ordinances or laws governing same. Seller also agrees to notify Purchaser
promptly of any change in the facts contained in the foregoing representations
and of any notice or proposed change in the zoning, or any other action or
notice, that may be proposed or promulgated by any third parties or any
governmental authorities having jurisdiction of the development of the property
which may restrict or change any other condition of the Property.
10.022 At the Closing, Seller shall deliver to Purchaser a statement
(hereinafter called the "Closing Representative Statement") reasserting the
foregoing representations as of the Date of Closing, which provisions shall
survive the Closing.
10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend
and hold Purchaser harmless from any and all costs (including attorney's fees)
asserted against, imposed on or incurred by Purchaser, directly or indirectly,
pursuant to or in connection with the application of any federal, state, local or
common law relating to pollution or protection of the environment which shall
be in accordance with, but not limited to, the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, 42 U. S. C. Section 9601,
et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the
Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including
any amendments or successor in function to these acts. This provision and
the rights of Purchaser, hereunder, shall survive Closing and are not deemed
satisfied by conveyance of title.
10.024 Any loss and/or damage to the Property between the date of this
Agreement and the date of Closing shall be Seller's sole risk and expense.
XI. NOTICES
11.01 Any notice, request, demand, instruction or other communication to be
given to either party hereunder shall be in writing, sent by facsimile with
6
CONSERVATION COLLIER
Property Identification No. 39490360004
Agenda Item No. 16A9
April 25, 2006
Page 14 of 17
automated confirmation of receipt, or by registered, or certified mail, return
receipt requested, postage prepaid, addressed as follows:
If to Purchaser:
Alexandra SUlecki, Coordinator
Conservation Collier Land Acquisition Program
Collier County Environmental Services Department
2800 North Horseshoe Dr.
Naples, Florida 34104
With a copy to:
Cindy M. Erb, Senior Property Acquisition Specialist
Collier County Real Estate Services
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Telephone number: 239-774-8991
Fax number: 239-774-8876
If to Seller:
Antonio & Carmen M. Briceno
3681 13th Avenue SW
Naples, FL 34117-5325
Telephone number: 239-200-0695
Fax number: IV/I?
11.02 The addressees and numbers for the purpose of this Article may be
changed by either party by giving written notice of such change to the other party
in the manner provided herein. For the purpose of changing such addresses or
addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in
effect for all purposes.
XII. REAL ESTATE BROKERS
12.01 Any and all brokerage commissions or fees shall be the sole responsibility
of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from
and against any claim or liability for commission or fees to any broker or any other
person or party claiming to have been engaged by Seller as a real estate broker,
salesman or representative, in connection with this Agreement. Seller agrees to
pay any and all commissions or fees at closing pursuant to the terms of a
separate agreement, if any.
XIII. MISCELLANEOUS
13.01 This Agreement may be executed in any manner of counterparts which
together shall constitute the agreement of the parties.
13.02 This Agreement and the terms and provisions hereof shall be effective as of
the date this Agreement is executed by both parties and shall inure to the benefit
of and be binding upon the parties hereto and their respective heirs, executors,
personal representatives, successors, successor trustee, and assignees
whenever the context so requires or admits.
13.03 Any amendment to this Agreement shall not bind any of the parties hereof
unless such amendment is in writing and executed and dated by Purchaser and
Seller. Any amendment to this Agreement shall be binding upon Purchaser and
Seller as soon as it has been executed by both parties.
13.04 Captions and section headings contained in this Agreement are for
convenience and reference only; in no way do they define, describe, extend or
limit the scope or intent of this Agreement or any provisions hereof.
7
CONSERVATION COLLIER
Property Identification No. 39490360004
Agenda Item No. 16A9
April 25, 2006
Page 15 of 17
13.05 All terms and words used in this Agreement, regardless of the number and
gender in which used, shall be deemed to include any other gender or number as
the context or the use thereof may require.
13.06 No waiver of any provision of this Agreement shall be effective unless it is in
writing signed by the party against whom it is asserted, and any waiver of any
provision of this Agreement shall be applicable only to the specific instance to
which it is related and shall not be deemed to be a continuing or future waiver as
to such provision or a waiver as to any other provision.
13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal
holiday, then the date to which such reference is made shall be extended to the
next succeeding business day.
13.08 Seller is aware of and understands that the "offer" to purchase represented
by this Agreement is subject to acceptance and approval by the Board of County
Commissioners of Collier County, Florida.
13.09 If the Seller holds the Property in the form of a partnership, limited
partnership, corporation, trust or any form of representative capacity whatsoever
for others, Seller shall make a written public disclosure, according to Chapter 286,
Florida Statutes, under oath, of the name and address of every person having a
beneficial interest in the Property before Property held in such capacity is
conveyed to Collier County. <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.)
13.10 This Agreement is governed and construed in accordance with the laws of
the State of Florida.
XIV. ENTIRE AGREEMENT
14.01 This Agreement and the exhibits attached hereto contain the entire
agreement between the parties, and no promise, representation, warranty or
covenant not included in this Agreement or any such referenced agreements has
been or is being relied upon by either party. No modification or amendment of
this Agreement shall be of any force or effect unless made in writing and executed
and dated by both Purchaser and Seller. Time is of the essence of this
Agreement.
IN WITNESS WHEREOF, the parties hereto have signed below.
Dated Project/Acquisition Approved by BCC:
AS TO PURCHASER:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRANK HALAS, Chairman
, Deputy Clerk
e
CONSERVATION COLLIER
Property Identification No. 39490360004
AS TO SELLER:
DATED:
3-3\ - o~
WITNESSES:
Cd, J11 tJ,
(Signature)
C, ~<LLl VI,. "U-\,
~~
{Signature}
~ve:& t LeD1/~
(Printed Name)
<~ m Gk
(Signatur
c.....;~ w\. &b
(Printed Na e)
~,A?..J'
~ooseue<.. -,- LEoff~~
(Printed Name)
Approved as to form and legal sufficiency:
hA- VCL~
Ellen 1. Chadwell
Assistant County Attorney
BY:
~G
Agenda Item No. 16A9
April 25, 2006
Page 16 of 17
ANTONIO BRICENO
dU
c .. ///~
BY: .~?z.4;'/ ., ~,/ C2 ~C-rc-<-- .
CARMEN M. BRICENO
9
EXHIBIT" A"
PROPERTY IDENTIFICATION NUMBER: 39490360004
LEGAL DESCRIPTION:
THE EAST ONE HUNDRED FIFTY (150') FEET OF TRACT 7,
UNIT 53 GOLDEN GATE ESTATES, ACCORDING TO PLAT
THEREOF RECORDED IN PLAT BOOK 7, PAGE 93 IN THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
Agenda Item No. 16A9
April 25, 2006
Page 17 of 17
Agenda Item No. 16A 10
April 25,2006
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment to the State Housing Initiative
Partnership (SHIP) account for the receipt of an additional allocation for disaster
assistance due to Hurricane Wilma.
OBJECTIVE: That the Board of County Commissioners (BCC) approve a budget amendment
to the State Housing Initiative Partnership (SHIP) account for the receipt of an additional
allocation for disaster assistance due to Hurricane Wilma.
CONSIDERATION: On January 17, 2006, Florida Housing Coalition advised Collier County
of the approved distribution of the 2005-2006 SHIP disaster funds in response to the damage
from the 2005 hurricane season. These funds are from the money that is set aside from SHIP
funds each year to address disaster relief and is awarded to eligible counties subsequent to the
annual allocation. The funds will be used for rehabilitation assistance to low-income single-
family households affected by the 2005 hurricane season.
FISCAL IMP ACT: The attached budget amendment is needed to appropriate funds in the
amount of$176,664 to the State Housing Initiative Partnership (SHIP) fund 191.
GROWTH MANAGEMENT IMP ACT: This will further the efforts contained in the Housing
Element of the Growth Management Plan.
LEGAL CONSIDERA TIONS: This request is internally consistent, complies with all
applicable laws and is legally sufficient for Board consideration and approval.
RECOMMENDATION: That the BCC approve a budget amendment to the State Housing
Initiative Partnership (SHIP) account for the receipt of an additional allocation for disaster
assistance due to Hurricane Wilma.
PREPARED BY: Shawn Tan, Senior Accountant, Operations Support and Housing
,-
Agenda Item No. 16A 10
April 25, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16A10
Item Summary:
Recommendation to approve a budget amendment ($176,664) to the State Housing Initiative
Partnership (SHIP) account for the receipt of an additional allocation for disaster assistance
due to Hurricane Wilma.
Meeting Date:
4/25/20069:00:00 AM
Prepared By
Susan Golden
Federal/State Grants Administration
Manager
Date
Community Development &
Environmental Services
Financial Admin. & Housing
4/6/200611:17:52 AM
Approved By
Constance A. Johnson
Operations Analyst
Date
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
4/6/2006 1 :26 PM
Approved By
Denton Baker
Financial Admin & Housing Director
Date
Community Development &
Environmental Services
Financial Admin. & Housing
4/6/2006 5:28 PM
Approved By
Cormac Giblin
Housing Development Manager
Date
Community Development &
Environmental Services
Financial Admin. & Housing
417/20062:02 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services
Community Development &
Environmental Services Admin.
4/7/2006 8:34 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/10/200610:56 AM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/14/200612:56 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4114/20064:42 PM
Agenda Item No. 16A11
April 25, 2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Reflection Lakes at Naples
Phase 3F", 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 "Reflection lakes at Naples Phase 3F", a subdivision
of lands located in Section 12, Township 51 South, Range 26 East, Collier County, Florida,
following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-
199.
CONSIDERA TIONS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Reflection lakes at Naples Phase 3F". 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 "Reflection lakes at Naples
Phase 3F" be approved for recording.
FISCAL IMPACT:
The project cost is $14,800.00 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $ 2,549.33
- $12,250.67
The Security amount, equal to 110% of the
project cost, is $16,280.00
The County will realize revenues as follows:
-
Fund: Community Development Fund 131
Agency: County Manager
Cost Center: 138327 -- Engineering Project Review
Revenue generated by this project:
Total: $1,459.00
Agenda Item No. 16A 11
April 25, 2006
Fees are based on a construction estimate of $14,800.00 and were paid iflqmrfe[f 4
2005.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5.1ac) -$1,015.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ 19.12
c) Drainage,
Paving, Grading (.75% const. est.) - $ 91.88
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $ 57.36
e) Drainage, Paving,
Grading(2.25%const. est.) - $ 275.64
GROWTH MANAGEMENT IMPACT:
The developer must receive a Certificate of Adequate Public Facilities prior to 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 the plat and associated documents and found
same to be legally sufficient.
RECOMMENDA TION:
That the Board of County Commissioners approve the Final Plat of "Reflection Lakes at
Naples Phase 3F" for recording with the following stipulations:
1. Approve the amount of $16,280.00 as performance security for the required improvements;
or such lesser amount based on work completed, and as is approved by the Engineering
Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A 11
April 25, 2006
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A 11
Recommendation to approve for recording the final plat of Reflection Lakes at Naples Phase
3F, approval of the standard form Construction and Maintenance Agreement and approval of
the amount of the performance security.
4/25/2006 9:0000 AM
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Date
Approved By
Engineering Services
4/7/200610:18:10 AM
Thomas E. Kuck, P.E.
Community Development &
Environmental Services
CDES Engineering Services Director
Date
CDES Engineering Services
4/7/200610:25 AM
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
Approved By
4/7/200610:41 AM
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
4/7/20068:20 PM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
4/10/2006 11 :00 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
4/12/20062:19 PM
Approved By
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
4/13/20069:42 AM
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Agenda Item No. 16A 12
April 25, 2006
Page 1 of 4
-
EXECUTIVE SUMMARY
Recommendation to approve for recording the final plat of "Firano at Naples", 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 "Firano at Naples", a subdivision of lands located in
Section 9, Township 50 South, Range 26 East, Collier County, Florida, following the alternative
procedure for approval of subdivision plats pursuant to Resolution 99-199.
CONSIDERA TIONS:
Engineering Review Section has completed the review of the construction drawings,
specifications, and final plat of "Firano at Naples". 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 "Firano at Naples" be
approved for recording.
FISCAL IMPACT:
The project cost is $4,012,776.00 (estimated) to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $ 586,337.33
- $3,426,438.67
The Security amount, equal to 110% of the
project cost, is $4,414,053.60
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: $121,588.28
Agenda Item No. 16A 12
April 25, 2006
Fees are based on a construction estimate of $4,012,776.00 and were pc::riMl9r-12 of 4
July, 2005.
The breakdown is as follows:
a) Plat Review Fee ($1,000.00 + $5.1ac) -$ 1,205.00
b) Construction Drawing Review Fee
Water &
Sewer (.75% const. est.) - $ 4,397.53
c) Drainage,
Paving, Grading (.75% const. est.) - $25,698.29
d) Construction Inspection Fee
Water &
Sewer (2.25% const. est.) - $13,192.59
e) Drainage, Paving,
Grading(2.25%const.est.) - $77,094.87
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.
RECOMMENDA TION:
That the Board of County Commissioners approve the Final Plat of "Firano at Naples" for
recording with the following stipulations:
1. Approve the amount of $4,414,053.60 as performance security for the required
improvements; or such lesser amount based on work completed, and as is approved by the
Engineering Services Department.
2. Approve the standard form Construction and Maintenance Agreement, and
a. That no Certificates of Occupancy be granted until the required improvements have
received preliminary acceptance.
b. That the plat not be recorded until suitable security and an appropriate Construction
and Maintenance Agreement is approved and accepted by the Engineering Services
Department Director and the County Attorney's office.
-
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16A 12
April 25, 2006
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16A 12
Recommendation to approve for recording the final plat of Firano at Naples, approval of the
standard form Construction and Maintenance Agreement and approval of the amount of the
performance security
4/25/20069:00:00 AM
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Date
Engineering Services
4111/20062:48:06 PM
Approved By
Thomas E. Kuck. P.E.
Community Development &
Environmental Services
CDES Engineering Services Director
Date
CDES Engineering Services
4/11/20063:19 PM
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Date
Community Development &
Environmental Services Admin.
4111/20063:33 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
4112120069:22 AM
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
4112120061:21 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Approved By
Office of Management & Budget
4112120062:25 PM
James V. Mudd
Board of County
Commissioners
County Manager
Date
County Manager's Office
4112/20067:04 PM
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Agenda Item No. 1681
April 25,2006
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve and execute the attached First Amendment to Lease with
Drop Anchor Mobile Homeowners Association, Inc. for the continued use of County-owned
right-of-way at a first year's annual rent of $10.
OBJECTIVE: To extend the lease term for Drop Anchor Mobile Homeowners Association,
Inc. in order to allow for the continued use of County-owned right-of-way.
CONSIDERATION: In 1991, the County's Transportation Department submitted a Lease
Agreement to the Board of County Commissioners to allow Drop Anchor Mobile Homeowners
Association, Inc. ('Tenant') utilization of a ten foot wide section of County right-of-way along
Papaya Street in Goodland Florida. The purpose of the lease was to correct an encroachment
issue that was unknown to both the County and the Tenant at the time the mobile homes were
placed on the Tenant's property.
The Transportation Department surveyed the subject property at the inception of the Lease and
determined that the encroachment did not interfere with the right-of-way. At this time, the
Transportation Department is in favor of granting an extension to the lease. The County does,
however, reserve the right to terminate the lease at any time by providing the tenant with written
notice.
-
The extension to the lease will be for ten (10) years and, since the property is unable to be used
for any other purpose, a nominal rent ofTen Dollars ($10.00) will be charged as rent annually.
The attached First Amendment to Lease has been reviewed and approved by the Office of the
County Attorney for content and legal sufficiency.
FISCAL IMP ACT: The annual rental of Ten Dollars ($10.00) will be deposited into the
following account: 101-163609-362180.
GROWTH MANAGEMENT: There is no impact on the County's long-range planning effort.
RECOMMENDA TION: That the Board of County Commissioners approve the First
Amendment to Lease with Drop Anchor Mobile Homeowners Association, Inc. and authorize the
Board's Chairman to execute same.
PREPARED BY: Michael Dowling, Senior Property Management Specialist
Real Estate Services / Department of Facilities Management
--
Agenda Item No. 1681
April 25, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16B1
Meeting Date:
Recommendation to approve and execute the attached First Amendment to Lease with Drop
Anchor Mobile Homeowners Association, Inc. for the continued use of County-owned right-of-
way at a first years annual rent of $10.
4/25/20069:0000 AM
Item Summary:
Prepared By
Michael H. Dowling
Property Management Specialist
Date
Administrative Services
Facilities Management
4/10/200612:19:29 PM
Approved By
Norm E. Feder. AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
4/11/2006 11 :40 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/14/20061:24 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/17/200611:06AM
Agenda Item NO.1 81
Leasl\~~ 25, 2 06
Page 3 f 3
FIRST AMENDMENT TO LEASE
DROP ANCHOR MOBILE HOMEOWNERS ASSOCIATION, INe.
THIS FIRST AMENDMENT TO LEASE is entered into this _ day of ,2006, at Naples,
Collier County, Florida, by and between Collier County, a political subdivision of the State of Florida, whose
mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, "LESSOR" and Drop Anchor Mobile
Homeowners Association, Inc., a Florida Corporation, whose mailing address is 414 Papaya Street, P.O. Box
308, Goodland, Florida 34140, "LESSEE."
WITNESSETH
WHEREAS, LESSEE and LESSOR entered into the subject Lease Agreement, dated April 30, 1991; and
WHEREAS, LESSEE and LESSOR desire to amend that Lease by extending the lease term for an additional ten
(10) years and to authorize either party to terminate the Lease without cause, as specified in revised Article 2.
NOW, THEREFORE, the original Lease is hereby amended only as follows:
1. This Article 2 of the Lease Agreement replaces and supersedes Article 2 in the original Lease.
"ARTICLE 2. Term of Lease. Effective May 1, 2006, this Lease is extended ten (10) years - to April
30, 2016. Notwithstanding anything in this Lease, either party may terminate this Lease without cause by
providing the other party with not less than sixty (60) days advance written notice of the terminating party's
intent to terminate delivered to the then existing correct mailing address of the non-termination party."
2. Except as expressly provided herein, the original Lease remains in full force.
LESSEE:
AS TO THE LESSEE:
DATED:
DROP ANCHOR MOBILE HOMEOWNERS
ASSOCIATION, INe.
First Witness (signature)
BY:
MIKE HIGUERA, President
First Witness (print name)
Second Witness (signature)
Second Witness (print name)
LESSOR:
AS TO THE LESSOR:
DATED:
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY
ATTEST:
DWIGHT E. BROCK, Clerk
BY:
FRANK HALAS, Chairman
BY:
Deputy Clerk
Approved as to form and legal sufficiency:
'fr
Thomas e. Palmer, Assistant County Attorney
Agenda Item No. 1682
April 25, 2006
Page 1 of 10
.--
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approve two (2) Adopt-a-Road
Program Agreements at no cost to the County because of already existing signs.
OBJECTIVE: To approve for execution by the Board of County Commissioners Agreements
signed by the volunteer groups of certain adopted roadways under the Collier County Adopt-a-
Road program.
CONSIDERATIONS: That the volunteer groups so named be recognized as the sponsors of the
particular segment of roadways named in the Agreements, to perform litter removal in
accordance with instructions contained in the Agreements.
FISCAL IMP ACT: There is no cost associated with these Agreements because the SIgns
already exist.
RECOMMENDATION: That the Board of County Commissioners recognizes the volunteer
groups: American Home Mortgage and ASAP Accounting Service of Ana Patino, Inc. as the
sponsors of the listed roadways and that the Board of County Commissioners authorize its
Chairman to execute two (2) Agreements on behalf of Collier County.
--
Prepared by: Margaret A. Ramos, Administrative Secretary, Road & Bridge Maintenance Dept.
Attachment: Agreement (2)
,----
Agenda Item No. 1682
April 25, 2006
Page 2 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16B2
Recommends Board's approval of Adopt-A-Road Agreements (2) for the following: ASAP
Accounting Service of Ana Patino, Inc. and American Home Mortgage.
4/25/2006 9:00:00 AM
Item Number:
Item Summary:
Prepared By
Margaret A. Ramos
Administrative Secretary
Date
Transportation Services
Road Maintenance
4/3/20062:20:44 PM
Approved By
Jeff Klatzkow
Assistant County Attorney
Date
County Attorney
County Attorney Office
4/6/2006 3:37 PM
Approved By
Rookmin Nauth
Management/Budget Analyst
Date
Transportation Services
Transportation Engineering and
Construction
4/71200612:40 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
417/20062:50 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
4/10/20064:16 PM
Approved By
John Vliet
Roads Maintenance Superintendant
Date
Transportation Services
Road Maintenance
4/11/20063:56 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
4112/2006 10:28 AM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/12/20061:17 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/12120062:06 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
41131200612:40 PM
'"
....
Agenda Item No. 1682
April 25, 2006
Page 3 of 10
COLLIER COUNTY ADOPT-A-ROAD PROGRAM AGREEMENT
Terms and Conditions
THIS COLLIER COUNTY ADOPT-A-ROAD AGREEMENT entered into this _ day
of , 20_, by and between Collier County (hereinafter the "COUNTY"), and the
volunteer group, ASAP Accounting Service of Ana Patino, Inc.(hereinafter the "GROUP"),
whose address is 12425 Collier Blvd. Ste 106, Naples, Florida 34116
WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free
roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely
maintaining a litter-free Collier County; and
WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway
known as Collier Boulevard from Davis Boulevard South for 2 Miles (the "Adopted
Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the following
terms and conditions:
A. THE GROUP SHALL:
1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold harmless agreement provided by the COUNTY, and attend a
...
Agenda Item No. 1682
April 25,2006
Page4of10
""
safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to
this Agreement.
5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Remove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the
pavement.
10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted
Roadway is objectionable.
11. Obtain required supplies and material from the COUNTY.
12 Place traffic control signs supplied by the COUNTY during trash pickup.
13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times
during the litter removal activity. The local maintenance office should be contacted to obtain
safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter
removal activity and return the same when activity is complete.
14. Not wear clothing that will hinder the sight of participants.
15. Coordinate pickup details with the County's project coordinator at least one week prior to
a pickup.
16. Place filled trash bags at the site for pickup and disposal by the COUNTY.
17. After each pickup, the adopting GROUP coordinator will file a report detailing the
number of people involve<L number of bags of litter collected., composition and estimate of
recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for
making the reports, and filed with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the Group.
19. Unused materials and supplies furnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's pennission,
be retained by the GROUP during the term of this Agreement.
"
...
...
Agenda Item No. 1682
April 25, 2006
Page 5 of 10
B. THE COUNTY SHALL:
1. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Remove the filled trash bags as soon as possible after the pickup.
4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area free of litter.
C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by
either party, with or without cause, on 30 days written notice to the other party. This Agreement
creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions ofthis Agreement, the COUNTY
may temlinate this Agreement effective immediately. The COUNTY reserves the right to
modify or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify
and hold harmless Collier County and its officers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person performing litter removal as part of the GROUP dUring the performance of the
Agreement, whether direct or indirect, and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of Collier County, and its officers,
employees or agents.
':t
. .,
Agenda Item No. 1682
April 25, 2006
Page 6 of 10
E. NO ASSIGNMENT: This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: This Agreement is the full and complete agreement
between the parties, and may not be modified except by a writing signed by both parties. Any
and all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:_
By:
Frank Halas, Chairman
Deputy Clerk
By:
Approved as to form and legal sufficiency:
Jeffrey A. Klatzkow
Assistant County Attorney
II
Agenda Item No. 16B2
April 25, 2006
Page 7 of 10
COLLIER COUNTY ADOPT -A-ROAD PROGRAM AGREEMENT
Terms and Conditions
, THIS COLLIER COUNTY ADOPT -A-ROAD AGREEMENT entered into thisdC/t:
of ~ u... /L~ , 20 IfbY and between Collier County (hereinafter the "COUNTY"), and the
volunteer group, American Home Mortgage (hereinafter the "GROUP"), whose address is
12425 Collier Boulevard Suite 106, Naples, Florida 34116.
WITNESSETH:
WHEREAS, the COUNTY and the GROUP recognize the need and desire for litter-free
roads, and enter this Agreement to permit the GROUP to contribute toward the effort of safely
maintaining a litter-free Collier County; and
WHEREAS, by signature below, the GROUP agrees to adopt the segment of roadway
known as Collier Boulevard from Davis Boulevard North for about two (2) miles (the
"Adopted Roadway"), acknowledges the hazardous nature of picking up litter, and agrees to the
following terms and conditions:
A. THE GROUP SHALL:
1. Obey and abide by all laws and regulations relating to safety on the Adopted Roadway.
2. Perform litter removal on the Adopted Roadway in accordance with the Florida
Department of Transportation's Accident Prevention Manual, Safe Field Practices, the Florida
Manual on Uniform Traffic Control Devices (MUTCD), and the Florida Department of
Transportation Design Roadway and Standard Index 601 and 602 (610 for interstate), all of
which by this reference are incorporated herein.
3. Only allow such persons to participate as are determined by the GROUP to be
responsible enough to safely participate in litter removal activities. Participants must be at least
14 years of age and the GROUP shall provide at least one adult supervisor for every 5 minors
participating in the litter removal. There shall at all times be at least one person 18 years of age
or older who is on site and responsible for supervising all litter removal activities, with no one at
the site under the age of 14 for any reason.
4. Conduct at least two safety procedure meetings per year for its participating members.
Participants must sign the hold harmless agreement provided by the COUNTY, and attend a
Agenda Item No. 1682
April 25, 2006
Page 8 of 10
safety meeting conducted by the GROUP before participating in a cleanup activity pursuant to
this Agreement.
5. Call the Collier County Adopt-A-Road contact and set up dates and times for their safety
meetings.
6. Remove litter during daylight hours only, in good weather conditions only.
7. Pick up litter on one side of the road at a time.
8. Not pick up litter at construction sites, in tunnels, on bridges or over-passes, and on
medians, or where otherwise hazardous to do so.
9. Park all vehicles well clear of the Adopted Roadway, at least 20 feet from the edge of the
pavement.
10. Remove litter a minimum of once monthly, and whenever the appearance of the Adopted
Roadway is objectionable.
11. Obtain required supplies and material from the COUNTY.
12 Place traffic control signs supplied by the COUNTY during trash pickup.
13. Ensure that all participants wear COUNTY supplied or approved safety vests at all times
during the litter removal activity. The local maintenance office should be contacted to obtain
safety vests, traffic control signs and litter collection bags at least five (5) days prior to litter
removal activity and return the same when activity is complete.
14. Not wear clothing that will hinder the sight of participants.
15. Coordinate pickup details with the County's project coordinator at least one week prior to
a pickup.
16. Place filled trash bags at the site for pickup and disposal by the COUNTY.
17. After each pickup, the adopting GROUP coordinator will file a report detailing the
number of people involved, number of bags of litter collected, composition and estimate of
recyclable materials, and hours spent. Pre-printed forms will be furnished by the COUNTY for
making the reports, and filed with the COUNTY project coordinator.
18. The GROUP is encouraged to separate recyclable materials. All proceeds from
redemption of recyclable materials shall become the property of the Group.
19. Unused materials and supplies furnished by the COUNTY shall be returned to the
COUNTY within two workdays following cleanup or, with COUNTY coordinator's permission,
be retained by the GROUP during the term of this Agreement.
')
Agenda Item No. 1682
April 25, 2006
Page 9 of 10
B. THE COUNTY SHALL:
1. Provide safety vests, trash bags, pickup sticks, and traffic control signs.
2. Provide GROUP with an outline pertaining to safety regulations.
3. Remove the filled trash bags as soon as possible after the pickup.
4. Remove litter from the Adopted Roadways only under unusual circumstances, i.e., to
remove large, heavy or hazardous items.
5. Construct and place a roadside sign stating that the GROUP is responsible for keeping the
area free of litter.
C. TERM OF AGREEMENT: This is a month-to-month, at-will agreement, terminable by
either party, with or without cause, on 30 days written notice to the other party. This Agreement
creates no rights or interest. If, in the sole judgment of the County Project Coordinator, it is
found that the GROUP is not meeting the terms and conditions ofthis Agreement, the COUNTY
may terminate this Agreement effective immediately. The COUNTY reserves the right to
modify or cancel the program at any time. Upon the termination of this Agreement by either
party, the GROUP will immediately return all County-owned materials to the County project
coordinator.
D. HOLD HARMLESS CLAUSE: The GROUP covenants and agrees that it will indemnify
and hold harmless Collier County and its officers, agents and employees from any claim, loss,
damage, cost, charge or expense arising out of any act, action, neglect or omission by the Group
or by any person performing litter removal as part of the GROUP during the performance of the
Agreement, whether direct or indirect, and whether to any person or property to which Collier
County or said parties may be subject, except that neither GROUP nor any of its members shall
be liable under this provision for damages arising out of injury or damage to persons or property
directly caused or resulting from the sole negligence of Collier County, and its officers,
employees or agents.
"1
Agenda Item No. 1682
April 25, 2006
Page 10 of 10
E. NO ASSIGNMENT: 'This Agreement is non-transferable and non-assignable in whole or in
part without the prior written consent of Collier County.
F. MISCELLANEOUS PROVISIONS: 'This Agreement is the full and complete agreement
between the parties, and may not be modified except by a writing signed by both parties. Any
and all prior understandings between the parties, either oral or written, with respect to the matters
set forth above, have been incorporated and merged into this Agreement, and are otherwise of no
further force or effect. This Agreement is for litter removal activities only. No beautification
activities are authorized by this Agreement.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of
the date written above.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
Frank Halas, Chairman
Deputy Clerk
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
Assistant County Attorney
II
Agenda Item No. 1683
April 25, 2006
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation for the Board of County Commissioners to approve a budget amendment
to recognize Carry Forward in the amount of $73,726.00 for the East Central
Transportation Concurrency Management Area, Project No. 600641
OBJECTIVE: To obtain approval from the Board of County Commissioners to approve a
budget amendment to recognize carry forward for the East Central Transportation Concurrency
Management Area, Project No. 600641 in the amount of$73,726.00.
CONSIDERATIONS: Funds were received from Toll Brothers, Inc. toward their
Transportation Demand requirements for the East Central Transportation Concurrency
Management Area. These were funds in lieu of constructing required sidewalks in areas where
planned right-of-way improvements scheduled in the Capital Improvement Program would cause
the removal of sidewalk/pathways, as well as to construct a Collier Area Transit Bus Shelter in
close proximity. The funds for the construction of sidewalks/bike paths and bike lanes and bus
shelter were to be placed into a fund for future construction of required sidewalks/bike paths and
bike lanes and for future construction of the required bus shelter by the County. Funds were
received.
-
Funds deposited into FY05 to be recognized as Carry Forward and re-appropriated into FY06
pathway projects:
Toll Brothers, Inc.
Total Carry Forward
$ 73,726.00 September 2005
$ 73,726.00
Firano of Naples
FISCAL IMPACT: Funds were deposited into the Transportation Supported Gas Tax Fund. A
budget amendment is needed to recognize carry forward and appropriate into the correct project
in the amount of $73,726.00.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve the necessary
budget amendments.
Prepared By: Trinity Caudill-Scott, TECM Project Manager
,-.
Agenda Item No. 1683
April 25, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16B3
Meeting Date:
Recommendation for the Board of County Commissioners to approve a budget amendment
to recognize Carry Forward in the amount of $73,726 for the East Central Transportation
Concurrency Management Area, Project No. 600641.
4/25/2006 9:00:00 AM
Item Summary:
Approved By
Trinity Caudill-Scott
Project Manager
Date
Transportation Services
Transportation Engineering &
Construction Management
4/6/20064:11 PM
Approved By
Rookmin Nauth
Management/Budget Analyst
Date
Transportation Services
Transportation Engineering and
Construction
4/7/200612:42 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
4/10/20064:46 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
4/11/20069:27 AM
Approved By
Donald L. Scott
Transportation Planning Director
Date
Transportation Services
Transportation Planning
4/12/2006 8:41 AM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
4/12/200610:36 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/12/2006 1 :20 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/12/20062:33 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/13/20065:30 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/14/200610:36 AM
Agenda Item No. 1684
April 25,2006
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners (1) approve a Resolution
authorizing the Chairman of the Board of County Commissioners to execute an Interlocal
Agreement with the School District of Collier County, for the construction of a sidewalk on
Floridan Avenue from Confederate Drive to Broward Street; and (2) approve future fiscal
year annual costs of sidewalk maintenance and all necessary budget amendments.
OBJECTIVE: To obtain approval from the Board of County Commissioners for a Resolution
approving the attached Interlocal Agreement for the construction of a sidewalk on Floridan
Avenue from Confederate Drive to Broward Street and to approve annual maintenance costs.
CONSIDERATIONS: The School District of Collier County ("District") is willing to enter into
an Interlocal Agreement with Collier County, wherein the District will provide funds to Collier
County for the construction of a sidewalk on Floridan Avenue from Confederate Drive to
Broward Street to be reimbursed no later than July 31, 2010. Collier County staff obtained
Enhancement funds fi'om the Florida Department of Transportation (FDOT) to construct a
sidewalk along Floridan Avenue. Unfortunately, those funds are not available until July 1,2010.
The District is proposing a new school in the area and recognizes the need for the sidewalks in a
more immediate time period. Therefore, the District is willing to provide the construction funds
to allow the sidewalk to be constructed by July 31,2007, to coincide with the opening of the new
Elementary School, and be reimbursed when the funding is available from FDOT in 2010.
FISCAL IMP ACT: A budget amendment will be needed to recognize the construction funds in
the amount of $200,000 and appropriate in the pathways project # 690811. Those funds will be
provided by the Collier County School District no later than July 31, 2006. The annual increased
maintenance cost of the Floridan Sidewalk by Road Maintenance Department is estimated at
$11,278.08 per year, which is calculated based on 3,168 square yards at $3.56 per square yard,
and would reflect as a budget increase in each fiscal year as needed.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners:
(1) Approve a Resolution authorizing the Chairman of the Board of County Commissioners to
execute an Interlocal Agreement with the School District of Collier County, for the
construction of a sidewalk on Floridan A venue from Confederate Drive to Broward Street;
and (2) approve future fiscal year annual costs of sidewalk maintenance and all necessary
budget amendments.
Prepared By: Trinity Caudill-Scott, Project Manager, Transportation Services Division,
Transportation Engineering and Construction Management Depmiment.
,-
Attachments: (1) Resolution;
(2) lnterlocal Agreement;
(3) Budget Amendment
Agenda Item No. 1684
April 25, 2006
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16B4
Item Summary:
Recommendation that the Board of County Commissioners (1) approve a Resolution
authorizing the Chairman of the Board of County Commissioners to execute an Interlocal
Agreement with the School District of Collier County, for the construction of a sidewalk on
Floridan Avenue from Confederate Drive to Broward Street ($200,000); and (2) approve
future fiscal year annual costs of sidewalk maintenance and all necessary budget
amendments.
Meeting Date:
4/25/2006900:00 AM
Approved By
Trinity Caudill-Scott
Project Manager
Date
Transportation Services
Transportation Engineering &
Construction Management
4/7/2006 11 :42 AM
Approved By
Dale A. Bathon, P.E.
Prinicipal Project Manager
Transportation Engineering and
Construction
Date
Transportation Services
417/200612:42 PM
Approved By
Rookmin Nauth
Management/B udgetAnalyst
Date
Transportation Services
Transportation Engineering and
Construction
4/7/2006 12:43 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
4/7120062:26 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
4/7120062:56 PM
Approved By
John Vliet
Roads Maintenance Superintendant
Date
Transportation Services
Road Maintenance
411212006 11 :02 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
4/12/20061 :05 PM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
4/12/20062:02 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
4112120062:11 PM
Agenda Item No. 1684
April 25, 2006
Page 3 of 6
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/12/20063:02 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/14/2006 8:56 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/14/2006 1 :22 PM
Approved By
Leo E. Ochs. Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/14/2006 5:03 PM
Agenda Item No. 1684
April 25, 2006
Page 4 of 6
RESOLUTION NO. 2006-
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY
FLORIDA, APPROVING, AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COlJ'NTY COMMISSIONERS TO EXECUTE, AN INTERLOCAL AGREEMENT WITH THE
SCHOOL DISTRICT OF COLLIER COUNTY, FOR THE CONSTRUCTION OF A SIDEWALK
ON FLORIDAN A VENUE FROM CONFEDERATE DRIVE TO BROW ARD STREET.
WHEREAS, the School District of Collier County ("District") is willing to enter into an Interlocal Agreement
("Agreement) with Collier County, wherein the District will provide funds to Collier County the sum of $200,000 for
the construction of a sidewalk on Floridan A venue from Confederate Drive to Broward Street to be reimbursed no later
than July 31, 20]0.
WHEREAS, the Collier County Board of County Commissioners finds that it is in the public interest to
construct this sidewalk, 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:
I. The Board of County Commissioners approves, and authorizes its Chairman to sign, the attached Agreement.
2. The Collier County Clerk will forward a certified copy of this Resolution to the District along with the
Agreement for execution by District.
3. This Resolution shall take effect immediately upon adoption.
of
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this
,2006.
day
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
FRANK HALAS, Chairman
, Deputy Clerk
Approved as to form and legal sufficiency:
Scott R. Teach
Assistant County Attorney
Agenda Item No. 1684
April 25, 2006
Page 5 of 6
INTERLOCAL AGREEMENT: THE SCHOOL DISTRICT OF COLLIER COUNTY,
FLORIDA AND COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE
OF FLORIDA
FLORIDAN A VENUE/CONFEDERA TE DRIVE TO
FLORIDANIBROW ARD STREET SIDEWALK PROJECT
WHEREAS, this is an Interlocal Agreement ("Agreement") between the The School
District of Collier County ("District") and Collier County, ("County") a political
subdivision of the State of Florida; and
WHEREAS, the County will construct a 6' wide concrete sidewalk on the south side of
Floridan Avenue from the intersection of Floridan and Confederate Drive to the
intersection of Floridan A venue and Broward Street in Collier County, Florida (the
"Sidewalk Project"). The District, being desirous of the prompt completion of the
Sidewalk Project because it will reduce the use of its busing resources and provide for
pedestrian travel, agrees to advance the County $200,000.00 for construction costs in July
2006 (the "Advance Funds"), subject to the County's promise to timely reimburse the
District for that sum.
WHEREAS, this Agreement will enable the County to commence the Sidewalk Project
in the most expedient and economical manner to the benefit of the taxpayers and the
District, and
WHEREAS, the County and the District have determined and mutually agree that it is
economically advantageous and in the best interest of the public to consummate this
Agreement to provide for the expedited construction of the Sidewalk Project by County
as stated herein,
NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars
($10.00), and other good and valuable consideration, the receipt and sufficiency of which
is hereby mutually acknowledged, it is agreed by and between the parties as follows:
SECTION I: COUNTY'S RESPONSIBILITY.
I :00 Upon receipt of the Advance Funds, the County shall commence design and shall
conclude constructing the Sidewalk Project by July 31,2007.
1:01 The County shall reimburse the District for the Advance Funds pursuant to this
agreement, in the amount of$200,000.00, by no later than July 31, 2010.
SECTION II: DISTRICT'S RESPONSIBILITY.
2.00 The District shall pay the Advance Funds of $200,000.00 to the County on or
before July 31, 2006.
Agenda Item No. 16B4
April 25, 2006
Page 6 of 6
SECTION III: MUTUAL COVENANTS.
3 :00 This Agreement shall remain in full force and effect from the date below written
and shall terminate upon the completion of the services and responsibilities mutually
performed by the District and County.
3.01 This Agreement shall be governed by and constructed under the laws of the State
of Florida. In the event any litigation is instituted by way of construction or enforcement
of this Agreement, the party prevailing in said litigation shall be entitled to collect and
recover from the opposite party all court costs and other expenses including reasonable
attorney's fees.
3.02 It is understood that this Agreement must be executed by both parties prior to the
commencement of the work, services, duties and responsibilities described heretofore.
3.03 County shall record this Agreement in the Official Records of Collier County,
Florida, as soon as practicable after approval and execution by both parties.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By:
Deputy Clerk
By:
FRANK HALAS, Chairman
Approved as to form and legal sufficiency:
Scott R. Teach, Assistant County Attorney
THE SCHOOL DISTRICT OF COLLIER
COUNTY, FLORIDA
By:
KA THLEEN CURATOLO, Chainnan
Attest: :
RA YMOND J. BAKER, Superintendent
School Board Attorney Approval:
By:
Richard W. Withers
Date:
2
Agenda Item No. 1685
April 25, 2006
Page 1 of 11
EXECUTIVE SUMMARY
Recommendation to authorize the County Manager or his designee to execute the
attached Florida Commission for the Transportation Disadvantaged, 2006/2007
Rural Capital Assistance Support Grant and applicable documents, and to accept
the grant in the amount of $91,134 if awarded
OBJECTIVE: To authorize the County Manager or his designee to execute the attached
Florida Commission for the Transportation Disadvantaged grant application and
applicable documents and to accept the grant if awarded.
CONSIDERATION: Transportation Disadvantaged funds, which are to be used for the
purchase of vehicles to provide transportation services to the elderly and disabled
residents of Collier County, are made available each year through an application process
administered by the Florida Department of Transportation (FOOT). The Local
Coordinating Board (LCB) has requested that the Collier County BCC submit an
application for this year's funds to purchase two vehicles. As a governmental entity, the
BCC is eligible to file the grant application and to continue the public transportation
servIce.
FISCAL IMPACT: The cost is estimated to be $101,260 for two (2) vehicles. If the
grant request is approved, the source of funds will be $91,134 Federal, matched by
$10,126 local. The local share will be budgeted and programmed as part of the Transit
Development Plan (TOP) Update in Fund 427 that will be incorporated in the Annual
County Budget FY07.
GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 of the
Growth Management Plan.
RECOMMENDATION: That the Board authorize the County Manager or his designee
to execute the attached Transportation Disadvantaged, 2006/2007 Rural Capital
Assistance Support Grant application, revise and amend any and all supporting
documents, and approve any budget amendments necessary to receive these funds. Any
decision to terminate or otherwise not accept the Grant shall require this Board's prior
approval as an agenda item.
Prepared by: Blanca Nieves, Administrative Assistant
Attachment: Grant application
Agenda Item No. 1685
April 25, 2006
Page 2 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
1685
Meeting Date:
To authorize the County Manager or his designee to execute the attached Florida
Commission for the Transportation Disadvantaged grant application and applicable
documents. ($10,126)
4/25/2006 9:00:00 AM
Item Summary:
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
4/7/2006 2:57 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
4/12/20061:18 PM
Approved By
Diane B. Flagg
Director ATM Director
Date
Transportation Services
Alternative Transportation Modes
4/12/20061:29 PM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
4/12/2006 1 :52 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
4/12/20062:13 PM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/12/20063:03 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/14/20065:06 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4/14/20065:13 PM
.---- -----.-,.--- -'-' ---.-,.."-"-.
COLLIER COUNTY
TRAFFIC OPERA nONS &: AL TERNA TlVE
TRANSPORTATION MODES DEPT.
2705 Horseshoe Drive Soulh
Naples. FL 34104
Tel 213-58411 Fax (239) 213-5899
Agenda Item No. 1685
co"y~~
From the desk of Diane Flagg, Director
March 24, 2006
Erin K. Schepers
Project Administration Manager
Commission for the Transportation Disadvantaged
605 Suwannee Street, Mail Station 49
Tallahassee, Florida 32399-0450
Dear,.Ms. Schepers,
Tha
submit our local coordinating board's approval by
2006 with the appropriate signatures.
Dian g , Director
Alternative Transportation Modes
VISION: TO PROVIDE "WORUJ CUSS" TRANSIT. PLANNING, AND PATHWAYS IN AN
EFFICIENT AND EfFECTIVE MANNER TIiROUGH COMMUNICATION AND
COOPERATION WITH CITY AND COUNTY ELECTED OFFICIALS
EXHIBIT A
Agenda Item No. 16B5
April 25,2006
Page 4 of 11
Commission for the Transportation Disadvantaged
Grant Application Information Form for
the Rural Area
Capital Equipment Support Grant
1. DATE SUBMTITED: March 24, 2006
2. LEGAL NAME OF APPLICANT: COLUER COUNTY GOVERNMENT
3. FEDERAL IDENTIFICATION NUMBER: 59-6000558
4. REMmANCE ADDRESS: 2885 Horseshoe Drive South
5. CITY AND STATE: Naples
ZIP CODE: 34104
6. CONTACT PERSON FOR THIS GRANT: Diane B. Flagg. Director
7.
PHONE NUMBER: 239-213-5886
FAX NUMBER: 239-213-5899
8. E-MAIL ADDRESS:Dianeflagg@colliergov.net
9. PROJECT LOCATION (County(ies)): CoUier County
10, PROPOSED START DATE: 7/112006
11. ESTIMATED PROJECT FUNDING REQUESTED:
Grant Funds $ 91,134.00
Local $ 10.126.00
TOTAL $ 101.260.00
ENDING DATE: 6/30/2007
Rural Capital Assistance Support Grant Application
Rev. 02/3/06
14
Agenda Item No. 1685
April 25, 2006
12. I hereby certify that this document has been duly authorized by the governing ~ 8ftH~
applicantl and the applicant intends to complete the projectl and to comply with any attached
assurances if the assistance is awarded.
Diane B. Flagg, Director
NAME OF AUTHORIZED REPRESENTATIVE AND mLE
v~ 4 \ \ O'.t-
ENTA TIVE
March 24, 2006
DATE
13. Local Coordinatin9 Board Approval (must be arior to grant execution)
I hereby certify that this grant has been reviewed in its entirety by the
County Coordinating Board.
COORDINATING BOARD CHAIRPERSON'S SIGNATURE
DATE
Rural Capital Assistance Support Grant Application
Rev. 02/3/06
15
Agenda Item No. 1685
April 25,2006
Page 6 of 11
EXHIBIT B
PROPOSED PROJECT FUNDING
1. Project Description and Cost
Capital equipment (Prioritize based on need.)
l.Chevy 3500 Turtle Top Van Terra
$50.630.00
2.Chevy 3500 Turtle Top Van Terra
$50.630.00
3.
$
Total Project Cost
$101,260.00
II. Funding Participation
A. Transportation Disadvantaged
Trust Funds
B. Local Match
(900/0) $91,134.00
(10%) $10.126.00
$101,260.00
C. Total Project Cost
Rural Capital Assistance Support Grant Application
Rev. 02/3/06
16
Agenda Item No. 1685
April 25, 2006
Page 7 of 11
EXHIBIT C
SCOPE
~ho: The vehicle will be used to provide paratransit service to the members of the elderly,
disabled, and transportation disadvantaged community in rural Collier County. With the
rapidly increasing population and having a 39% of the population of Collier County being
potential TO passengers, these vehicles will be a vital part of serving the rural transit
dependent population.
What: The equipment being purchase is two Chevy 3500 20'-10" Turtle Top Van Terra with
a 6.6L diesel engine. The vehicles will replace the vehicles identified on the enclosed vehicle
inventory.
Where: The vehicle will be used in Collier County and at times when necessary for Medicaid
out of county transportation. Examples are transportation to Broward county, Lee County,
Dade County for specialized medical services.
When: As soon as we receive them the vehicles will be used daily Monday through Saturday,
from approximately 4:30 a.m. to 7:30 p.m. Currently Collier Area paraTransit serves between
350 to 550 trips a day for the transportation dependent population, including rural areas such
as Immokalee and Everglades City.
J:I.Qw: The vehicles will be used in service as apart of Collier Area paraTransit's program.
This program is a shared ride paratransit service that provides transportation to the disabled
community, members of the elderly population, and for those who have no other
transportation means. Our program will use these vehicles to replace vehicles that have
outlived their useful life. These vehicles will be part of the paratransit program that serves all
of Collier County, including rural communities.
Wbx: Collier County is the largest county in Florida. Currently, our vehicles mile per trip is
30 percent greater than our peers of approximately 11.6 miles per passenger trip. Also with
the increasing costs in fuel and inflation makes it so much more difficult to purchase vehicles.
These two vehicles are needed to ensure safe, dependable transportation to the rural
communities and to contribute to the entire Collier Area paraTransit program.
Rural Capital Assistance Support Grant Application
Rev. 02/3/06
17
Agenda Item No. 1685
April 25, 2006
Page 8 of 11
RESOLUTION NO. 2006-_
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER
COUNTY, FLORIDA, AUTHORIZING THE COUNTY MANAGER OR HIS
DESIGNEE TO APPLY FOR A RURAL CAPITAL ASSISTANCE SUPPORT
GRANT, WITH THE FLORIDA COMMISSION FOR THE TRANSPORTATION
DISADV ANT AGED, TO REVISE AND EXECUTE ANY REQUIRED
DOCUMENTATION, AND TO ACCEPT, ON BEHALF OF THE COUNTY, ANY
SUCH GRANT A WARDED.
WHEREAS, this BOARD has the authority to file this Grant Application and to undertake a
transportation disadvantaged service project as authorized by Section 427.0159, Florida Statutes,
and Rule 41-2, Florida Administrative Code.
NOW THEREFORE, BE IT RESOLVED BY THE Board of County Commissioners, Collier
County, Florida, that:
1. The County Manager, or his designee, is hereby authorized to revise and execute any
and all documents necessary to apply for the Rural Capital Assistance Support Grant,
a copy of which documents are attached hereto, to approve any budget amendments
necessary to receive these funds, and to accept these funds on behalf of the County.
2. Any decision to terminate or otherwise not accept the Grant shall first require
approval by the Board of County Commissioners as an agenda item.
3. This Resolution shall be effective immediately upon signature by the Chairman.
This Resolution adopted after motion, second and majority vote favoring same, this
11 day of April, 2006.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
Frank Halas, Chairman
, Deputy Clerk
Approved as to form and legal sufficiency:
Scott Teach
Assistant County Attorney
Agenda Item No. 1685
April 25, 2006
Page 9 of 11
EXHIBIT E
STANDARD ASSURANCES
The recipient hereby assures and certifies that:
(1) The recipient will comply with the federal, state, and local statutes, regulations,
executive orders, and administrative requirements which relate to discrimination on the
basis of race, color, creed, religion, sex, age, and handicap with respect to employment,
service provision, and procurement.
(2) Public and private for-profit, transit and paratransit operators have been or will be
afforded a fair and timely opportunity by the local recipient to participate to the
maximum extent feasible in the planning and provision of the proposed transportation
planning services.
(3) The recipient has the requisite fiscal, managerial, and legal capacity to carry out the
Transportation Disadvantaged Program and to receive and disburse State funds.
(4) The recipient intends to accomplish all tasks as identified in this grant application.
(5) Transportation Disadvantaged Trust Funds will not be used to supplant or replace
existing federal, state, or local government funds.
(6) Capital equipment purchased through this grant meets or exceeds the criteria set forth
in the Florida Department of Transportation's equipment specifications, "Guidelines for
Acquiring Vehicles" dated October 1993 (or as updated), "Part 1, Bid Documents,"
dated July 1995 (or as updated), and "Part 2, SpeCification Guidelines for SpeCialized
Vehicles," dated July 1993 (or as updated), or criteria set forth by any other federal,
state, or local government agency.
(7) Capital equipment or consultant services purchased through this grant comply with the
competitive procurement requirements of Chapter 287 and Chapter 427, Florida
Statutes.
(8) If capital equipment is purchased through this grant, the demand response service
offered to individuals with disabilities, including individuals who use wheelchairs, is
equivalent to the level and quality of service offered to individuals without disabilities.
Such service, when viewed in its entirety, is provided in the most integrated setting
feasible and is equivalent with respect to:
(a) response time,
Rural Capital Assistance Support Grant Application
Rev. 02/3/06
19
(b)
(c)
(d)
(e)
(f)
(g)
fares,
geographic service area,
hours and days of service,
restrictions on trip purpose,
availability of information and reservation capability, and
contracts on capacity or service availability.
Agenda Item No. 1685
April 25, 2006
Page 10 of 11
In accordance with 49 CFR Part 37, public entities operating demand response systems for the
general public which receive financial assistance under 49 U.S.C. 5310 or 5311 of the Federal
Transit Administration (FTA) have filed a certification with the appropriate state program office
before procuring any inaccessible vehicle. Such public entities not receiving FTA funds have
also filed a certification with the appropriate program office. Such publiC entities receiving FTA
funds under any other section of the FTA have filed a certification with the appropriate FTA
regional office.
This certification is valid for no longer than the contract period for which the grant application
is filed.
Date:
March 24, 2006
Signature:
~ \1 :t)~
Name:
Diane B. Flag9
Title:
Director
Rural capital Assistance Support Grant Application
Rev. 02/3/06
20
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Agenda Item No. 1686
April 25, 2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation for the Board of County Commissioners to approve a budget amendment
to recognize additional revenue for the Collier County Transportation Pathways Program
in the amount of $159,350.34 for Project No(s). 690811, 690822, and 690817.
OBJECTIVE: To obtain approval from the Board of County Commissioners to approve a
budget amendment to recognize additional revenue for the Collier County Transportation
Pathways Program Project No(s). 690811, 690822, and 690817 in the amount of$159,350.34.
CONSIDERATIONS: Funds were received from various DeveloperslDevelopments in lieu of
building a sidewalk/pathway as part of their Site Development Plan. These were funds in lieu of
constructing required sidewalks in areas where planned right-of-way improvements scheduled in
the Capital Improvement Program would cause the removal of sidewalk/pathways or in areas
where no connectivity is currently planned. The funds for the construction of sidewalkslbike
paths and bike lanes were to be placed into a fund for future construction of required
sidewalks/bike paths and bike lanes by the County. Funds were received from the following for
the Pathways Program:
Funds deposited into FY06 to be recognized and appropriated to various pathway projects:
United Parcel Services
WCI, Communities, Inc.
Angler's Answer, LLC
Nephron Investments
Buck's Run Reserve, LLC
Johnston-Sergent Ltd.
Quail Run Golf Club
De V oe
Compass Homes Dev. Inc.
Hogan Thomasson
Lofts on Bayshore
Elias Brothers Communities
Wachovia
De V oe
Carlson Harris
Total Additional Revenue
$ 28,146.58
$ 18,967.50
$ 2,596.00
$ 214.21
$ 3,646.89
$ 6801.30
$ 36,495.20
$ 6,722.80
$ 18,658.93
$ 10,290.00
$ 5,173.11
$ 1,490.00
$ 7,408.80
$ 5,638.92
$ 7.100.10
$159,350.34
January 2006
February 2006
February 2006
March 2006
March 2006
March 2006
March 2006
March 2006
March 2006
March 2006
March 2006
March 2006
March 2006
March 2006
April 2006
United Parcel Services
Manchester Square
Angler's Answer
Mango Square
Buck's Run
Marine Services
Quail Run Golf Club
DeVoe Cadillace Used Car
Buck's Run Multi-Family
Thomasson Village
The Lofts on Bayshore
Tree Farm Nursery
City Gate Car Wash
DeVoe Suzuki Used Car
Combs Oil Facility
These funds were deposited into the revenue accounts of the Transportation Pathways Program
and need to be recognized for appropriation for future construction of pathways.
FISCAL IMP ACT: Funds were deposited into the Transportation Supported Gas Tax Fund. A
budget amendment is needed to recognize additional revenue and appropriate into the correct
projects in the amount of$159,350.34.
.-
Agenda Item No. 1686
April 25, 2006
Page 2 of 4
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDA TION: That the Board of County Commissioners approve the necessary
budget amendments.
Prepared By: Trinity Caudill-Scott, TECM Project Manager
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 1686
April 25, 2006
Page 3 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16B6
Recommendation for the Board of County Commissioners to approve a budget amendment
to recognize additional revenue for the Collier County Transportation Pathways Program in
the amount of $159,350.34 for Project No(s). 690811,690822, and 690817.
4/25/20069:00:00 AM
Approved By
Trinity Caudill-Scott
Transportation Services
Project Manager
Date
Transportation Engineering &
Construction Management
4/7/20062:51 PM
Approved By
Sharon Newman
Transportation Services
Accounting Supervisor
Date
Approved By
Transportation Services Admin
4110/20065:07 PM
Dale A. Bathon, P.E.
Transportation Services
Prinicipal Project Manager
Transportation Engineering and
Construction
Date
Approved By
4111120068:19 AM
Rookmin Nauth
Transportation Services
Management/Budget Analyst
Date
Transportation Engineering and
Construction
4/1112006 8:22 AM
Approved By
Norm E. Feder, AICP
Transportation Services
Transportation Division Administrator
Date
Approved By
Transportation Services Admin.
4/11120069:54 AM
Najeh Ahmad
Transportation Services
Director
Date
Transportation Engineering &
Construction Management
411212006 1 :46 PM
Approved By
Pat Lehnhard
Transportation Services
Executive Secretary
Date
Approved By
Transportation Services Admin
4112/20062:14 PM
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
4112120063:05 PM
Approved By
Susan Usher
County Manager's Office
Senior ManagementlBudget Analyst
Date
Office of Management & Budget
4114120064:36 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Agenda Item No. 16B6
April 25, 2006
Page 4 of 4
Office of Management & Budget
4/17/20069:37 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/17120069:43 AM
Agenda Item No. 16B7
April 25, 2006
Page 1 of 10
EXECUTIVE SUMMARY
Recommendation to approve Change Order #3 to Contract #04-3535, Work Order DC-110
with Douglas N. Higgins, Inc. in the amount of $89,820 to support the addition of a
sidewalk on the north side of Granada Boulevard in coordination with the Twin Lakes
Interconnect, Project # 510054
OBJECTIVE: To support the addition of a sidewalk on the north side of Granada Boulevard in
coordination with the Twin Lakes Interconnect, Project # 510054.
CONSIDERATIONS: Residents in the Granada Boulevard area have been pursuing sidewalks
and drainage improvements along the street since the mid 1990's. Granada Boulevard residents
have worked intermittently with the County's Neighborhood Traffic Management Program since
1996. This has resulted in the installation of speed humps and the Twin Lake Interconnect
stormwater improvement.
.-
Many local residents who live on Granada Boulevard and adjacent streets use the road as a
pedestrian and bicycle route to get to nearby commercial activities on U.S. 41. However,
currently there is only a paved shoulder on one side of the street. The sidewalk on Granada
Boulevard will provide a connection from both U.S. 41 and Goodlette Frank Road, resulting in
safer conditions for the current bicyclists and pedestrians, and may encourage more local
residents to utilize non-motorized travel to meet both journey to work and recreational needs.
FISCAL IMPACT: Funding in the amount of $89,820 is available in Countywide Bikeway
Improvement Program (Project No. 69081). No budget amendment is required.
GROWTH MANAGEMENT IMP ACT: The addition of a sidewalk on the north side of
Granada Boulevard is in accordance with the goals and objectives of the Transportation element
of the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners:
Approve Change Order #3 to Work Order # UC-IIO with Douglas N. Higgins Inc., in the
amount of$89,820 to support the addition of a sidewalk on the north side of Granada Boulevard.
Prepared By: Trinity Caudill-Scott, Project Manager, Transportation Engineering and
Construction Management Department.
Attachments: (1) Change Order; (2) Contract Modification Form
-
Agenda Item No. 1687
April 25, 2006
Page 2 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16B7
Recommendation to approve Change Order #3 to Contract # 04-3535, Work Order UC-11 0
with Douglas N. Higgins, Inc. in the amount of $89.820 to support the addition of a sidewalk
on the north side of Granada Boulevard in coordination with the Twin Lakes Interconnect,
Project #510054.
4/25/20069:00:00 AM
Item Number:
Item Summary:
Approved By
Trinity Caudill-Scott
Project Manager
Transportation Engineering &
Construction Management
Date
Transportation Services
4/7/20063:02 PM
Approved By
Dale A. Bathon, P.E.
Prinicipal Project Manager
Date
Transportation Services
Transportation Engineering and
Construction
4/10/20069:10 AM
Approved By
Rhonda Rembert
Contract Specialist
Date
Administrative Services
Purchasing
4/10/2006 11 :52 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
4/10/20064:48 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
4/11/20069:28 AM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
4/12/20061 :36 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
4/12/2006 1 :46 PM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
4/12/20062:28 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
4/12/20063:02 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
Agenda Item No. 16B7
April 25, 2006
Page3of10
County Manager's Office
Office of Management & Budget
4/12/20063:07 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/14/2006 8:42 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/14/2006 8:55 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/14/200610:34 AM
Agenda Item No, 1687 ~
April 25. 2006 ~\ \
Page 4 of 10 to"'\)
TO:
Douglas N. Higgins, Inc.
2887 Tamiami Trail E. # 1
Naples, Florida 34112
CHANGE ORDER TO WORKORDER 113
FROM:
Col1ic.."l' Count TECM
2885 S. Horseshoe Drive
Naples. Florida 34104
Project Name: Twin Lakes IntercmIDect
Project No. 510054
Work Order Dated: September 25, 2003 Work Order No. UC-IlO
Change Order No.: 3 Date: April 4, 2006
Change Order Description: An additional $89,820.00 is necessary to add a sidewalk on the
north side of the roadway for the length of this project.
Original agreement amount .............. .........".. ............. ,......................$618,829.00
Sum of Previous Change Orders (add) ..............................................$ 34,944.96
This Change Order No. 3 Amount (add)...........................................$ 89.820..00
Revised Agreement Amount ............................. .................... ..............$743, 593. 96
Original contract time in calendar days ..............................................:':':.. .90 days
Adjusted number of calendar days due to previous change orders..................... 77 days
This change order adjusted time is... ..,......................... ............. ................] 80 days
Revised Contract Time in calendar da}~~... . ....... ........... .............. ..... ...... ..347 days
Original Notice to Proceed date .................................................. September] 2.2005
Completion date hased on original contract time......................... December 11,2005
Revised completion date due to change order(s) .........................August 27, 2006
Your acceptance of this change order shall constit1lte a modification to our Agreement and will
be perfom1ed suhject to all the same terms and conditions as contained in said Agreement
indicated above, as fully as if the same were repeated in this acceptance. The adjustment, to this
Agreement shall constitutc a full and final settlcment of any and all claims arising out of, or
related to. thc ehrge set fo.rutrcin.,inelURing claims for impact and delay costs.
Prepared by: ",j\.utLr5 ~ f 11 d I [((-J0 c it Date: 4 - ,5 -ex ()
Ttinity L. C udill-Scott, Project Manager
Transportlltion Engincering and Construction Management
Rcviewed by: A4, r. . ... Datc: tf.;,{, )~{.-
--Oianfraneo Nicolaci. Project Manager
Stormwater Managemcnt Departmcnt
ReviewCdby:001.--- ~'k-- _____Date:_~S/OG
Dale Bathon, Principal Project Manager
Transportation Engineering and Construction Management
Accepted bY:';:~'--' O' ..-----... Datc: ~< .~;'. G;;;
Mr. Bnindy Bartolone, RegiOllal Managcr
Douglas N. Higgins, Inc.
Revised ~il!!J:l.~
Change Order No. I
Page 2
Approved by; ~-#--J
Jay A ad, Director
TranspoI1ation Engineering and Construction Management
/ ,/} ./
)/ ../.' ,. ~
Approved by: 04'1 -'..&:( C;:<./~-,.,?",
Eugefie Calvert, Director
Stol1nwater Management Depm1ment
Approved by:
Norman Fedt,'1'. Administrator
Transportation Services
Approved for legal form and sufficiency by:
Agenda Item No. 1687
April 25. 2006
Page 5 of 10
Date:
I-/r/o/p
.
Date:
.:j~/~/
Date:
Da t'e :
Scott R. Teach, Assistant County Attorney
Agenda Item No. 1687
April 25. 2006
Page 6 of 10
Granada sidewalk, 6 inches thick,
Negotiated Cost
4-04-06
DE/seriotion Qtv. Unit Unit Price Total
Mobilization 1.00 LS $ 100.00 $ 100.00
Maintenance of Traffic 1.00 LS $ 250.00 $ 25000
Subtotal $ 350.00
Sidewalk Construction
Soddina. Match ExistinQ 770.00 SY $ 8.00 $ 6.160.00
Concrete sidewalk. 6" 960.00 SY $ 59.00 $ 56.64000
Subtotal $ 62.800.00
Drainaqe System
18" Corruoated POlvetllvlene Pipe (N 12) 172.00 LF $ 50.00 $ 8.600.00
1 S" Diameter POlvethvlene inlets (N12) 8.00 EA $ 1,025.00 $ 8.200.00
Existing Structure Top Modifications 3.00 EA $ 3.290.00 $ 9.870.00
Subtotal $ 26.670.00
Sidewalk Construction & Drainage System $ 89,820.00
04/06/2006 THU 16:32 FAX
IdlgOV004
Agenda Item No.-=' (31
April 25, 2006
r.JS]c 7' o~ ; ~
."- -- _. -......-----.-...-.. .....-.-.-...---....---. n.. _....._
"
ThiJ change ol"der will be reported to thl! Bee at the Aprf125, 2006 meetin.g and 11 being reported to Finance
for the Administrative purpose
Date: April 6, 2006
E-Mailed To BOIlJ1ie:
Project Name;
Underground Utilities COntractors
Twin Lakes Interconnect
Project Number;
510054
BlD/RfP #:
04-3535
Mod#;
3
PO#:
4500047036
Work Order Number:
UC-IIO
Conlra.ctor/Consultant:
Douglas N. Higgins, lnc.
S 618.829.00
(SImtine Poinl)
$ 6]8...82900
(Last Total Amount Approved by the BeC)
Original ContJ'BCt Amount:
Cum:nt BCC A,[lpMved Amount:
Current Commet AmOPllt:
$ 653.77396 .
(Includ~ All Changes Prior To This Mod,flcatiQn)
Ch~e Amount:
S 82.820.00
Re\>ls=d Comra.ctIWork Ord~ Amount: $ 743593.96
(Including This Chll.ltge Order)
Cumulative Dollar Valve of Changes to this ConlnwtlWork Order. 'l ]24.764.96
Percentage of Chang= OvcrlUnder Current Contract Amount:
2016 %
Overview of change: To add funds to suppon the additioJl of a sidewan. on the north side of Granada Boulevard. Thj~ change
,.;U "" I '" day. <o~,...;' 'cl,,"'I~ " "'" Au"",, 27, 2006.
Coo,",,,, Sp"'~"" . ~~"." #-~ -"'6
Scanned Date: 4! r..,/ Q h
, r
Data Entry InfoTTtlation:
Type of Ch~: Chansc 1Q a Work Order
Project Mana,ger; Trinity L. Caudill-Scott
Ocpartment: TECM and Storrnwatcr
Change Cal.egury Type, Circle One Below;
1. Planned or Elective
:!. Unforeseen Conditions
3. Quantity Adjustments
4. CorrecLio.D ufErrors
5. V.lnAdded
6. Sc:hedule..Adlustmenbl
S,-otmnr:d copie:s "f t~ back up documentation may be located on flu? Purc"-il1g G drive:
Revised 7/11/05
04/06/2006 THU 16:33 FAX
I4l OO:U004
Agenda Item No. 1687
April 25, 2006
ru9G S of 19
1.,-. ~-_._._.._--..._-...,-......_---_._.----_...._---.-.._-,.---..........-..-....-....---.----.---..-....--....-...-.
G;/Current.Changcs to Contracts
G:I CU17'elJt - Cha~ 10 Work Orders
Revised 7/11/05
04/06/2006 THV 16:~~ FAX
04/06/200e TIlU 13:59 FAX
l4J UUJ/UU'I
Agenda Item No. 1687
April 25, 2006
~ '-''',0-
r Q~C; :J VI Iv
I4l 002/003
CONTRACT/WORK ORDER MODIFICATION
CHECKLIST FOAM
PROJECT NAME: Twra Lakes rnteroonnect
PROJECT #: 510054
81D1RFP #: D~6 MOO #:
:)
p~ 4500047036 WORK OR.DER #: Uc." G
DEPARTMENT: StOtmwllter Management DeoartmentlTrl!lnspartatlQn Encdneerlna and Construction
Manaaement
O.rl;foai Contract Amo1!llt:
$ Ji18.s29.00
(StanmS Point)
Cul'teI1t BCe Apprcrvcd Amount:
$ 618.829.00
CLut Tglll1 AluoWll Approwd by me Bee)
Cur.re.at COntract Amount:
(IDaludiIrg All <::bJm&ca f'rior To 11I1~ Modifl~Ol3)
$ 653.773.96
Cbange Amount:
$ 89.810.00
.Revised ColltractlW01'k: Order Amount:
$ 743.593.~
(Including n,;a ~ Ordl%)
Cwnwatnoe DDllar Valu.e: 6f Changes to th!5 ContractlWOT'k Order: $ --124.764.96
DQte of LM1 BCe Approval June 14. 2005 Agenda Item , ~
Percentage or the chango over/under ourrant contract amount 2../).lb %
Formula: (Current Amount I Last sce approved amount)a1
Results and Actions: It the change exceeds '0% Bee approval IS requIred; under 10% reported 10 Bee on
Purchasing report. For specJflc Information regardIng work order thresholds, please refer to the Procurement
AdminlS1l"atJon ~rocadures, Section IV.S.d
CURRENT COMPLETION DATE (S):ORIGINAL: J:ebruarv 28.2006
CURRENT! August '.27, 2006
SUMMARY OF PROPOSED CHANGS (5): fdendty the chllng8& The DUf'I)oseof this Chance brder ;8 to add
funds t9 $UDoort the "ddi1lon or a sldew~lk on the north 5ide of Grrma.:!. BQule'(;!l2=I.
JUSTIFICA1l0N FOR CHANGE (S): What value or benefIt do theee change. provide to the project? IM
additiQna11unClina will cover the mstarlals and Installation at U. sidewalk on. the north sI~ of Grunoda
Boul~.
PARTIES CONTACTED REGARDING THE CHANGE: Pu~chaslng. Stormw/lter Dlr~or. TECM Director. an.d
the Deslan pror~lonBI
IMPLEMENTATION STEPS (Verify Bach before proceeding with enange ulling Y, N or N/A)
Y-.. Proposed change Is consistent wl1h the soope of the existing agresment
y.- Proposed change Is In fact an addition or deletion to the exJ$1ing scope
y..... Change Is beIng implemented In a. manner consJ3tent with the existIng agreement
y... The appropriate pe.rties have been consultad ragardlng the change
y.- Propo$eC:\ pr10~$, fees and cosm eet forth In the ohange are reasonable
PROJECT MANAGER RECOMMENDATION: Thts form is to be .RignGd 31nCf dated.
Revised 4/2~12005
1-
04/06/2006 THU 16:33 FAX
04/08/2006 TaU 13:59 FAX
REVI~EC
Revised 4/25/2005
Date: ~
Data: ~
141004/004
Agenda Item No. 16B7
April 25, 2006
r8~Ei~!;'b:~1f)
I4l 003/003
Agenda Item No. 1688
April 25, 2006
Page1of10
EXECUTIVE SUMMARY
Recommendation to approve a Cross Easement Agreement for the construction of one
stormwater retention pond on both Collier County property and the District School
Board's property to jointly serve the Santa Barbara Boulevard expansion project and the
Calusa Pines Elementary School. Project #62081. (Estimated fiscal impact for
maintenance of the pond is $11,000.00 annually.)
OBJECTIVE: To approve a Cross Easement Agreement for the construction of a jointly owned
stormwater retention pond to serve the Santa Barbara Boulevard expansion project and the
Calusa Pines Elementary School. (Project No. 62081).
CONSIDERATIONS: The District School Board of Collier County currently owns and
maintains a stormwater retention pond at the Calusa Pines Elementary School located on the east
side of Santa Barbara Boulevard between Radio Road and Davis Boulevard. Due to the
expansion of Santa Barbara Boulevard additional stormwater retention is needed in that same
area. The County currently O\VTIS land contiguous to the School property. Staff determined that
by expanding the existing pond at the Calusa Pines Elementary School to encompass a portion of
county-owned land, the county could construct one pond, to serve the same amount of
impervious area, and save a considerable amount of land that would normally be required to
build a new pond. Therefore, County staff contacted School Board staff and have negotiated an
agreement that would allow the county to expand the existing pond by utilizing county-owned
property and in exchange, the county would agree to maintain the entire pond for function and
water quality. This is the only storm water retention and treatment pond required for the project
between Davis Blvd. and the Golden Gate Main Canal.
Although staff has diligently pursued this agreement, due to personnel changes at the School
Board and revisions to the Santa Barbara Boulevard expansion project construction plans,
finalizing the Agreement has taken longer than expected. It is now necessary that we conclude
the arrangement as quickly as possible for permitting purposes and to keep the project on
schedule. Without causing further delay to this item, it has been placed on the Agenda prior to
receiving the executed original back from the School Board, due to that the School Board's
approval will not occur until just after the cut-off date for this agenda item. Once the original is
received, it will be reviewed by the County Attorney's office and forwarded to the Chairman for
execution.
FISCAL IMP ACT: There is no fiscal impact at this time; however, due to the expansion of the
pond the County will assume the maintenance of the entire pond at the estimated cost of
$11,000.00 annually. This maintenance cost will be included into the future Road and Bridge
maintenance budget. The construction of the pond will be included in the total cost of the
construction of the Santa Barbara Boulevard expansion project no. 62081.
.-..
GROWTH MANAGEMENT IMP ACT: As a capital improvement element in the Five Year
Transportation Work Program, the expansion of Santa Barbara Boulevard from Davis Boulevard
to Pine Ridge Road (Project No. 62081) is a part of Collier County's Growth Management Plan.
Agenda Item No. 16B8
April 25, 2006
Page2of10
RECOMMENDATION: That the Board of County Commissioners of Collier County:
1. Approve the attached Cross Easement Agreement; and authorize the Chairman to execute
same on behalf of the Board.
2. Accept the conveyance of the property via Cross Easement contained in the Agreement and
authorize staff to record same in the public records of Collier County, Florida; and
3. Authorize the County Manager or his designee to take the necessary measures to ensure the
County's performance in accordance with the terms and conditions of the Agreement; and
4. Approve any and all budget amendments, which may be required to carry out the collective
will of the Board.
Prepared by: Debbie Armstrong, Sr. Property Acquisition Specialist
Attachment: Cross Easement Agreement
,.-
Agenda Item No. 1688
April 25, 2006
Page 3 of 10
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16B8
Meeting Date:
Recommendation to approve a Cross Easement Agreement for the construction of one
stormwater retention pond on both Collier County property and the District School Boards
property to jointly serve the Santa Barbara Boulevard expansion project and the Calusa
Pines Elementary School. Project #62081. (Estimated fiscal impact for maintenance of the
pond is $11,000.00 annually.)
4/25/20069:00:00 AM
Approved By
Transportation Services
Engineer
Transportation Engineering and
Construction
Date
Tad Pluc
4/6/2006 3:40 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
4/7/2006 2:23 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
4/7/20062:53 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM -ROW
4/7/20063:06 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
4/10/20064:22 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
4/11/20068:58 AM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
4/11/2006 11 :56 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/11/2006 2:12 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/14/2006 8:25 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
Agenda Item No. 1688
April 25, 2006
Page 4 of 10
County Manager's Office
Office of Management & Budget
4114/20068:53 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/14/200610:43 AM
Agenda Item NO.1 8
April 25, 2 06
Page 5 0 10
CROSS EASEMENT AGREEMENT
TIllS CROSS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is
made this _ day of _, 2006 by and between COLLIER COUNTY, a political subdivision
of the State of Florida (hereinafter referred to as "COUNTY") and THE SCHOOL DISTRICT OF
COlLIER COUNTY, FLORIDA (hereinafter referred to as "SCHOOL").
WITNESSETH:
WHEREAS, COUNTY is the owner of that certain parcel of land located in Collier County,
Florida, more particularly described in Exhibit "A" attached hereto and made a part hereof
(hereinafter called Parcel "A"); and
WHEREAS, SCHOOL is the owner of that certain parcel of land contiguous to Parcel
"A", as more particularly described in Exhibit "B" attached hereto and made a part hereof
(hereinafter called Parcel "B"); and
WHEREAS, COUNTY and SCHOOL desire to establish perpetual, non-exclusive
easements for a stormwater detention pond over certain portions of their respective parcels
(hereinafter "Stormwater Pond"), as more particularly shown on Exhibit "C" attached hereto and
made a part hereof; and
WHEREAS, the parties desire to establish other rights between them.
NOW THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
1. Recitals. The parties hereby agree that the above recitals are true and correct and
are otherwise incorporated herein by reference.
2. Stormwater Pond Easements. COUNTY and SCHOOL hereby give and grant to
each other for the benefit of their respective parcels a perpetual, non-exclusive stormwater pond
easement for storm water and drainage purposes over a portion of Parcel "A" and Parcel "B" to the
extent and as more particularly shown on Exhibit "C". The parties represent to each other that said
easements are free and clear of all liens and encumbrances.
2A. Fair Share Use of Stormwater Detention Pond. The stormwater detention pond
treats, stores and discharges runoff from land comprised of all of parcel A, Band C and portions of
Davis Boulevard, Santa Barbara Boulevard, and Radio Road, collectively referred to as the
contributing BASlN area. Neither party shall modify the land use characteristics of the BASlN to
exceed the water management parameters reflected in the Environmental Resource Permit to be
issued by the South Florida Water Management District.
The following criteria will not be exceeded unless both parties subsequently agree to an equitable
redistribution of one or more parameters.
. The total amount of impervious area designed to discharge directly into the
stonnwater pond equals 36.83 acres.
. The SCHOOL shall not directly discharge runoff from more than 8.61 acres of
impervious area into the stonnwater pond.
. The COUNTY shall not directly discharge runoff from more than 28.22 acres of
impervious area into the stonnwater pond. This 28.22 acres includes 25.21 acres of
impervious area from the proposed roadway improvements and 3.01 acres from the
area known as the former Emergency Services Center site.
3. Construction Maintenance. The stormwater pond shall be constructed pursuant to
the plans for Pond Lely 1-1 of the construction plans prepared by Wilson Miller, Inc. for the Santa
Barbara Six-Laning Project. COUNTY shall have the right to excavate the pond and use the fill.
After construction, COUNTY shall maintain the storm water retention pond for function and water
quality. SCHOOL shall maintain and fence the area around the stormwater pond that is located on
Agenda Item No. 1 8
April 25, 2 06
Page 6 0 10
its property. COUNTY shall maintain and fence the area around the stormwater pond that is located
on its property. In addition, the COUNTY shall attach the two fences together to make one
continuous fence. In the event COUNTY damages any existing fencing that is needed to maintain
one continuous fence after enlargement of the storm water pond, the COUNTY will replace or
repair fencing at its sole cost and expense.
4. Benefited Parties. The easements set forth in this Agreement are intended to be and
shall be construed as covenants and servitudes running with the parcels and shall be binding upon
and inure to the benefit of the parcels expressly intended to be bound or benefited hereby and each
of the parcel owners hereunder, their respective successors, assigns, heirs and grantees. All
references to COUNTY and SCHOOL include successors, assigns, heirs and grantees of such
owner.
5. Waiver and Invalidity. Any failure to enforce any provision contained herein or
subsequently recorded as provided hereunder shall in no way be deemed a waiver of the right to do
so thereafter. The invalidity, violation, abandonment or waiver of anyone or more of any of the
provisions hereunder shall not affect or impair the remaining portions of this Agreement.
6. Notices. All notices, demands, requests or other communications required or
permitted hereunder shall be in writing, and shall be deemed to be delivered when actually received,
if delivered in person, or two (2) days after deposit in a regularly maintained receptacle for the
United States Mail, registered or certified, return receipt requested, postage prepaid (regardless of
whether actually received) addressed to the addressee at its address as set forth below or, in the
event of the transfer or conveyance of any of the parcels by its current owner, at the address of the
new owner as set forth in the tax records of Collier County, Rorida:
SCHOOL:
School District of Collier County
Attn: Richard W. Withers, School Board Attorney
5775 Osceola Trail, 5th Floor
Naples, FL 34109
COUNTY:
Transportation Engineering Department
2685 South Horseshoe Drive, Suite 212
Naples, Florida 34104
Either party may change its address for notice hereunder. At the time of the sale of all or any part of
a parcel, the selling party shall inform the other parties hereto and owners of the other parcel.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and
year first above written.
ArrEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
, Deputy Clerk
FRANK HALAS, Chairman
Approved as to form and
legal sufficiency:
kL~~
Ellen T. Chadwell
Assistant County Attorney
2
AITEST:
RAYMOND J. BAKER,
Superintendent
Approved as to form and
Legal sufficiency:
Richard W. Withers
School Board Attorney
THESCHOOLD~TIUCTOF
COLLIER COUNTY, FLORIDA
BY:
Agenda Item NO.1 38
April 25, 2 )6
Page 7 of 10
KATHLEEN CURATOLO, Chair
3
SANTA BARBARA BOULEVARD
SOlT12'22"r 1048.28'
Agenda Item No. 16B8
., 5, 2006
Pag 8 of 10
P.O.c.
1/4 CORN[R_
SECTIONS 4/5
T-50-5 R-26-E
D.R. BOOK 2628 PAGE 3434
~ ---r---
~.~ I,
" ~ 100-; 200 4CXl
.. GRAPHIC SCALE
!fOAL DESCR/PTlON
ALL THA T PART OF SECTlON 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA
AND BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS;
COMMENCING AT WEST OUARTER CORNER OF SECTION 4, TOWNSHrp 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA;
THENCE: ALONG THE WEST LINE OF SAiD SECTION 4 SOUTH 01"02'22" EAST 7 ,048.28 FEET;
THENCE LEAVING SAID WEST LINE OF SAID SECTiON 4 NORTH 88'57'.38" EAST 100.00 FEET
TO THE porNT OF BEGINNINC;
THENCE NORTH 88'57'44" EAST 299.51 FEET;
THENCE NORTH 00'47'42" WEST 154.81 FEET;
THENCE NORTH 88'55'.38" EAST 308.04 FEU;
THENCE SOUTH 01'02'22" EAST 502.67 FEET;
THENCE SOUTH 88'55'38" WEST 50.95 FEET;
THENCE NORTH 00'58'38" WEST 30.00 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SAra SECTION 4;
THENCE ALONC SAW SOUTH LINE SOUTH 88'55'38" WEST 557.29 FEET:
THENCE LEAVING SAID SOUTH LINE NORTH 01'02'22" :WEST 318.05 FEU TO THE POINT OF
BEGINNfNG.
CONTArNING 5.57 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
EXItBIT A
Ptage-L- of....L-
--- NOT A SURVEY ---
PREPARED 8 Y: 'lALSDNlJIUER. we.
~ SUM"" 'MN'FER
FLORIDA REClSTRA7I0N LS /5627
NOT VALlO UNLESS SlCNff) BY THF SUR\oOtlIi' AND
SEAlaJ WITH THE SUf?',f:l'OR'S EAlBOSSED SEAL
CERF/f7CATf: OF AUTHORIZATION I L8-~J
LEGEND:
"'" '" ""'''' '\ "'''I PARCfl. DESCRIBED
P.O.s. = POINT OF BEClNMNC
P.o.c. = POiNT OF COMUENC[Iof[NT
IIW/JNC$ N/E &lSIZI tIN _/I(
_"Al,",(UD) """,11JfJ
Ni.Al$1IIDtr S1A...1UiIC ~lt
5lS""<-1 frJR 1l......lA$r >>C
PftO,,/CCt' NO.;
PARCEl. NO. : A cut"', COUJER COUNTY TRANSPORTA TlON.
.1.MTj~ -.......- ENGlNEERlNG.t CONSTRUCT1ON MANAGEMCNT DIVIS/ON
r. r. rat 1m.(; SKE:TCH AND DESCRJPTTON
.J "l lii'J fJE/NG A PART OF seCT/ON 01
~ """""--- "-'-"-'- ..- ,~~ __~ TOIfNSH/P '0 SOIlTH. RANce 26 EAST
'-'-"-"'-"_'_~-;;_w_'''_''''___ COlLIER COtINT"r; FLORIDA
... . Firf......-. .. .twwIr '. ...... . r-... OlI.tL NO.: $JoIEU NUI.<<It 1U HO..;
_,.looo""...~__.___.,._.__ 02/2005 fo/6022-002-010-TDHttP I or .J 2GG-226
l'ctJ <hl. .2005 ... :)9:).!:.i1i r.r ,v~li)'. \'O'IQ\........n?').."....J_ ru "..__....,~_, r...._',_.~. ---_..~ .
SANTA BARBARA BOULEVARD
~-~
~ I
o 7S 110 _ NO
CRAPHlC SCALE
O.R. IKJ<< .. PAGE ""
PARCEl. A
O. 1688
P.O.C. April 5,2006
1/4 CORNER Pa 9 of 10
SECTIONS 4/5
T-SO-5 R-26-t;
a
&
LEGAL DFSa?IPTJON
ALL THA T PART OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 25 EAST,
COLLIER COUNTY. FLORIDA AND BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS;
COMMENCING AT WE'ST QUARTER CORNER OF SECTION 4, TOWNSHIP 50 SOUTH,
. RANGE 26 E:AST, COLLlE'R COUNTY, FLORIDA;
THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWE'ST QUARTrR
OF SAID SECTION 4 NORTH 89'09'12" EAST 100.00 FE'ET TO THE' POINT OF BEGINNING;
THENCE CONTINUE ALONG SAlO NORTH LINE NORTH 89'09'12" EAST 1,276.60 FE'ET TO THE
EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 4;
THENCE ALONG SAID EAST LINE' SOUTH 00'58'17" EAST 7,364.59 FEET TO THE SOUTH LINE
OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAlO SECTION 4;
THENCE ALONG SAID SOUTH LINE SOUTH 89'03'55" WEST 605.77 FEET;
THENCE LEAVING SAID SOuTH LINE NORTH 01'02'22" WEST 474.66 FEET;
THENCE SOUTH 88'55'38" WEST J08.04 FEET;
THENCE NORTH 00'47'42" WEST 774.05 FEET;
THENCE SOUTH 88'49'27" WEST 30J.47 FEET:
THENCE NORTH 01'02 '22" WEST 119.77 FEET TO THE POINT OF' BEGINNING.
CONTAINING 26. 13 ACRES, MORE' OR LESS.
SUBJECT TO E:ASEMENTS AND RESTRICTIONS OF RECORD.
EXHIBIT .JL
page-L ot...L.
... NOT A SURVEY ...
PR€PARED BY: WII..$CNlIfU.ER. INC.
L~ f1ROff'SSIa(AL 5lm\lF1tlIi' ... MAI'POf
FLORtOA RfGlSTRA TTai LS /5627
NOT VAUD UNLESS SlCNEO BY 1Hf: SUR\lFl'tIR ANO
SEALED ",TH THE 5UR\oE"YGW'S DlBOSSCD SEAL
CERF'1F1CATE or AUTHatflA 710N I LB-4,J
LEGEND:
~ ',-:, " " " ,,~ PARCEL f){SCR/B[()
R.o.lf. . RlCHT or WAY
P.o.B. . POINT OF BEGINNiNG
P.O.c. . POINT OF COMlJE.'NctMENT
---..-..
=-.:,'::~'=...
'-(JJ1/rI}fWI~_lV1L
IJ_.oo...-..rCllUtJ'f_I-,J-a
'.
,~, .
_T NO. HClI. 110, 'B CUlNl' COt.LJE:R COUHTY TRANSF'ORTA TlON,
1."I.S(tnt.."'1 -.........- ENGlHaRlHQ I: CONSTRUCTION MANAGEMENT DlYTSlON
.,1.. rril"er TIT\t: ~ ~ ~~~<r
ro.""SH/P 50 SOUTH, ffANCE: 26 EAST
_.................~~_.~- COI.L1Cff COUNTY. F!.ORI()A
....M......_..__.. _ _It: NO.
-..,~..........--."""-.IlIlNfHll.___ N6022-002-010-TDHWP 2 Of'" .J 2GG-226
F.b 09. 200~ - 07: 06: 14 ClANOIX; \SVR\N6C22\Skelch Of OOl.,iption.\Sobmitled\2GG2;!6B.dwg
SANTA BARBARA BOULEVARD
SOITJ2'22'r 1048.28'
Agenda Item. No. 1688
" ') . 2006
Page 1 of 10
P.O.C.
1/4 CORNER,
5rcnONS 4/S
T-50-S R-26-E
D,e, BOOK 2628 PAGE 3434 ~ -r---
~ 'I
0'. lO IlJQ 200 .41>0
GRAPHIC SCALE
LEGAL DESCI?/PTTON
ALL THA T PART OF SECTTON 4, TOINNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY. FLORIDA
AND BEiNG MORE PAR TlCULARL Y DESCRIBED AS FOLLOWS:
COMMENCING A r WEST QUARTER CORNER OF SECT/ON 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORiDA;
THENCE ALONG THE WEST LINE OF SAID SECTION 4 SOUTH 01'02'22" EAST 1,048.28 FEfT;
TH[NCE LEAVING SAID WEST LINE OF SAID SECTION 4 NORTH 88'57'38" EAST 100.00 FEfT
TO THE POINT OF BEGINNING:
THENCE NORTH 88'57'44" EAST 299.51 FEfT:
THENCE NORTH 00'47'42" WEST 928.86 FEET;
THENCE NORTH 88'49'21 EAST 287.82 FEIT;
THENCE SOUTH 00'27'54" EAST 774.60 FEET;
THENCE NORTH 88'55'38" EAST 24.68 FEET;
THENCE SOUTH 01'02'22" EAST 502.67 FEET;
THENCE SOUTH 88'55'38" WEST 50.95 FEU;
THENCE NORTH 00'58'38" WEST 30.00 FEET TO THE -"SOUTH LINE OF THE NORTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SAID SECTION 4; .
THENCE ALONG SAID SOUTH LINE SOUTH 88'55'38" WEST 557.29 FEET;
THENCE LEAVING SAiD SOUTH LINE NORTH 07'02'22" WEST 318.05 FEIT TO THE POINT OF
BEGINNING.
CONTAINING 7 O. 65 ACRES MORE OR LE:SS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
EXHIBIT (2
,......L ot......l-
*.* NOT A SURVEY ***
P(?fPAR[D BY: VlLSONUILL€R, /Nt.
~SSONM ,,,,,.,'" . """""
FLO(?IDA /?€GtSTRA TTON LS J5627
NOT VAUO UNLess SlCN[f) BY 1Hf: SURII[YOR ANO
seAL[{) WTH THE SURvtYOR'S EMBOSSfO SEAL.
CfRFIFICATE OF AUTHORIZA TlON I LB-4J
PAOJECT NO., I'AOCtL NO. : CUENl: COI.LJER COUNTY TRANSPORT'" 71ON,
I.,;.AA..... . .r;..~~..-.....- ~GlNEF:RING =~~71~"::,::ENr DIVIS/ON
.. jl:Hll,.".,1GI BDNG A PART OF SECTION 4
_.~.~.~.~~ .~_ TOIlNSHlP 50 SOOTH, RANr;t; 28 LAST
Wkln/oIlIIr. m rxx.uE:R COUNrY, FtORIO'"
....Rof......_..-.r.,o 00\1[, PIlOoItC'l NO.: HUW1l(R: FU NO~
_...,~....Ilt.....__,__.,._._- DJ/2005 N6022-002-0rD-IDHWP I or r 200-227
"Of 1'. '20~S - \I~='ll>.il-~ o.'-,'OJz=\Suit\,.;;n\Slc.'eh Of !).ser'P""".\l'iI~m"I~\2v~22;...-!:.d";
LEGEND:
~" '-.., '-.., " '-.., ""l PARCEL DESCRIBED
P.O.B. .. POINT OF BEGINNING
P. 0. C. .. PO/NT or COUJJ(NCEUENT
_1RC_(llf~
~:t'.J~~..-
S1$ll)t _ "'" It_ Wl'l(K.
~ -r---
~
. ""10 _
CRAPHIC SCALE
SANTA BARBARA BOULEVARD
0: 16B8
5, 2006
9 of 10
O.R, 10<< na PAGE ~~
I
...
S
8.
PARC8.. A
LEGAL DESa?lPTlON
ALL THA T PART OF SECTION 4, TOWNSHIP SO SOUTH, RANGE 26 EAST.
COLLIER COUNTY, FLORIDA AND BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS:
COMMENCING AT WEST QUARTER CORNER OF SECTION 4, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA:
THENCE ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER
OF SAID SECTION 4 NORTH 89'09'72" EAST 100.00 FEET TO THE POINT OF BEGINNING:
THENCE CONTINUE ALONG $AlD NORTH LINE NORTH 89'09'12" EAST '.276.60 FEIT TO THE
EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 4:
THENCE ALONG SAID EAST LINE SOUTH 00'58'17" EAST 1,J64.59 FEET TO THE SOUTH LINE
OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 4;
THENCE ALONG SAID SOUTH LINE SOUTH 89'03'55" WEST 606.77 FEET;
THENCE LEAVING SAID SOUTH LINE NORTH 01'02'22" WEST 474.66 FErr:
THENCE SOUTH 88'55'38" WEST 308.04 FEET:
THENCE NORTH 00'47'42" WEST 774.05 FEET;
THENCE SOUTH 88'49'27" WEST 303.47 FEET;
THENCE NORTH 01'02 '22" WEST 7 19.77 FEET TO THE POINT OF BEGINNING.
CONTAINING 26. 1 J ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
EXHIBIT .JL
page-L of-L
... NOT A SURVEY ...
PRfPARS) BY: WlLSONIItU.ER, INC.
L~ ~AI. SlHi'lof'lO\' ~ IIAPPE:R
Fl.ORfDA RfGlSTRA 7ION LS /5627
NOT VALID UNLESS SIGNED B'I' THE SUlM.l'DR ANO
SfALfD ItrTH TH( stlRIoE"I'GW'S (JI8OSS[{) SEAL
CfRFlFlCA 'FE: OF AUTHORtlA TION ILB-4J
LEGEND:
"'" '" '" '" '" '" 'i PARCEl. {){SCRt8!D
R.O.W. . RIGHT or WA'I'
P.O.B. . POINT OF BEGlNNfNC
P.O.e. - POINT OF COIIliEPICfIJENT
___fN/l/llfll<
==:::m':.::..
__)""~cur-.
,;, .
').......lOOIr "" ClllJltrr _, ,..,,..
PCI[Ct 110"
B
Wil."'iller-'A~
_................... *,-, ~- .-----
........... he.
....M....._._.1lo,IIl
....,1-......__.".._./11_.___ 02/2005
Fob O~. 200~ - 07,06: 14 CLANOIX: \$\lR\N6022\Ske\ch 01 OucdpUon.\Submitted\2GG2266,dw9
~IOO.,
CUl<I' COL.LJER COUNT'( TRANSPORTA TrON,
E:NGlNERIHQ . COHSTRUCTrON MAHAGfJrfE:NT DMS/ON
TITU, SKFTCH AND DeSCRlP1JOH
BEING A PART OF seCTION II
TOMNSHIP 50 SOUTH, IfANCF: 26 fAST
COUteR COUNTY. F'l.ORIt1A
NO.1 _It
NI022-002-010- TDH'IlP 2 Of' .J
SANTA BARBARA BOULEVARD
SOITl2'22"[ 1048.28'
Agenda Item. No. 1688
. , 2006
of 10
P.O.c.
1/4 CORNf:R.
Sf:CTlONS 4/5
r-50-5 R-26-E
O.H. BOOK 2628 PAGE 3434 ~ -y----
f'. 11 -.J.
o. lO'QO 200 "llO
GRAPHIC SCALE
LEG~L DESCRIPTION
ALL THA r PART OF SEcnON 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST. COLLIER COUNTY. FLORIDA
AND 8DNG MORE PARTlCULARL Y DESCRI8ED AS FOLLOWS,'
COMMENCING AT WEST QUARTER CORNER OF SECT/ON 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORiDA:
THENCE ALONG THE WEST LINE OF SAID SECTION 4 SOUTH 01'02'22" EAST 1,048.28 FEET;
THENCE LCAVINC SAID WEST LINE OF SAID SECTION 4 NORTH 88'57'38" EAST 100.00 FEET
TO THE POINT OF BEGINNING;
THENCE NORTH 88'57'44" EAST 299.51 FEET;
THENCE NORTH 00'47'42" WEST 928.86 FEET;
THENCE NORTH 88'49'27" EAST 287.82 FEET;
THENCE SOUTH 00'27'54" EAST 774.60 FEET;
THENCE NORTH 88'55'J8" fAST 24.68 FEET;
THENCE SOUTH 01'02'22" EAST 502.67 FEET;
THENCE SOUTH 88"55'38" WEST 50.95 FEET:
THENCE NORTH 00'58'38" WEST 30.00 FEET TO THE . 'SOUTH LINE OF THE NORTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SAID SECTION 4; .
THENCE ALONG SAID SOUTH LINE SOUTH 88'55'J8" WEST 557.29 FEET;
THENCE LEAVING SAID SOUTH LINE NORTH 01'02'22" WEST 318.05 FEET TO THE POINT OF
BEGINNING.
CONTAINING 10.65 ACRES MORE OR LE:SS.
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
*** NOT A SURVEY ***
IXHIBIT (2
---I of'
~_ t....J...
PF?[PAR[{) 8r: WfLSON!.IILLER. INC.
~sm~u~
FLORIDA REGlSTRAnON LS /5627
NOT VALlO UNLess SIGNED BY THE: SUR'lf:YOR AND
SEALE:O HrlH THE SUR~YOR'S 0I80~O SEAL.
CERFlFICA TF: OF AUTHORJ1A nON I L8-4J
I'ROJttT NO., "NIC... NO. , QJfHl, COLliER COUNTY TRANSPORTA 11ON.
~WIIIM. .. IJer-- ."...-- ENGINeERING cI: CONS7RUC11ON MANAGEliENT' Df1llSlON
r. r.. TITU: SKETCH AND DE:SCRIP11ON
.j..l BEING A PART OF StCmJN 4
-.......... .-: ,---._ ____~ TOIWSHIP 50 SOf/TH, 1?ANGt' 28 tAST
-'-"-"~'~'-- ..........-,- ct:X.LJf:R COI.JNTr, Fl.ORIOA
/lPIf"Ilrte=',~"!loIo ~Iio PllO.ItC1 HO.: NUll8lJl: JU NO.
.""UooMoD,.__.___.,._.__ OJ/2005 N6022-0rJ2-01O-TDHKP I ~ I 2GG-227
"Qf 1'. 2~~5 - O~,~Ooil' ;;V..,Oll,\SUll\,6,;?2\;.,...cI> OIl).,<ri>""".\!'iJbm"1.4\2~:225>.-L.d..
LEGEND:
r0.. ."',:', '" '" '" "I PARceL DESCRIBED
P.O.8. - Po/NT OF 8EGfNNIN(]
P.O.C. . PO/NT OF' COMAIENCE!.ICNr
_ AIIC....lll7 111 NOII1H
=.,~::,r~==~
smDI(GOI>J IllIl n-. CAST lO/IC.
Agenda Item No. 1689
April 25,2006
Page 1 of 8
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 Roadway
Sign age Maintenance Agreement with the State Department of Environmental Protection
(FDEP) in which Collier County would accept the maintenance of roadway directional
sign age for the Everglades Driving Trail within the Collier County geographical limits; and
(2) approve future fiscal year annual costs of sign maintenance and all necessary budget
amendments.
OBJECTIVE: To obtain approval from the Board of County Commissioners for a Resolution
approving the attached FDEP Roadway Signage Maintenance Agreement and to approve annual
maintenance costs.
CONSIDERATIONS: The Florida Department of Environmental Protection (FDEP) is
requesting to enter into a Roadway Signage Maintenance Agreement, wherein Collier County
will assume maintenance responsibility of roadway directional signage for the Everglades
Driving Trail. For locations see Exhibit "A" of the agreement.
...--
FISCAL IMP ACT: The annual increased maintenance cost of the twelve Roadway Directional
Signs by FDEP is estimated at $186.00 per sign for a total of $2,232.00 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.
RECOMMENDATION: That the Board of County Commissioners:
(1) Approve a Resolution approving, and authorizing the Chairman of the Board of County
Commissioners to execute the attached Roadway Signage Maintenance Agreement with the
Florida Department of Environmental Protection in which Collier County would
accept the maintenance of roadway directional signage for the Everglades Driving
Trail within the Collier County geographical limits; and (2) approve future fiscal year
annual costs of sign maintenance and all necessary budget amendments.
Prepared By: Trinity Caudill-Scott, Project Manager, Transportation Services Division,
Transportation Engineering and Construction Management Department.
Attachments: (1) Resolution;
(2) FDEP Everglades Trail Roadway Signage Project Maintenance Agreement
.----
Agenda Item No. 1689
April 25, 2006
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16B9
Recommendation that the Board of County Commissioners (1) approve a Resolution
authorizing the Chairman of the Board of County Commissioners to execute a Roadway
Sign age Maintenance Agreement with the State Department of Environmental Protection
(FDEP) in which Collier County would be accept the maintenance of roadway directional
signage for the Everglades Driving Trail within the Collier County geographical limits; and (2)
approve future fiscal year annual costs of sign maintenance and all necessary budget
amendments.
Meeting Date:
4/25/20069:00:00 AM
Approved By
Trinity Caudill-Scott
Project Manager
Transportation Engineering &
Construction Management
Date
Transportation Services
4/7/200611:41 AM
Approved By
Dale A. Bathon, P.E.
Prinicipal Project Manager
Date
Transportation Services
Transportation Engineering and
Construction
4/7/200612:41 PM
Approved By
Najeh Ahmad
Di rector
Date
Transportation Services
Transportation Engineering &
Construction Management
4/712006 2:26 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
4/7/20062:55 PM
Approved By
Robert W. Tipton, P.E.
Traffic Operations Director
Date
Transportation Services
Traffic Operations
417/20064:59 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
4/12/200612:38 PM
Approved By
Scott R. Teach
Assistant County Attorney
Date
County Attorney
County Attorney Office
4/12/2006 2:22 PM
Approved By
John Vliet
Roads Maintenance Superintendant
Date
Transportation Services
Road Maintenance
4/12/20064:19 PM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
4/12/20064:23 PM
Agenda Item No. 1689
April 25, 2006
Page 3 of 8
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/13/2006 1:17 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/13/20065:17 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4/14/200610:30 AM
Agenda Item No. 16B9
April 25, 2006
Page 4 of 8
RESOLUTION NO. 2006-
A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY
FLORIDA, APPROVING, AND AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS TO EXECUTE, A ROADWAY SIGN AGE MAINTENANCE
AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL
AFFAIRS, FOR THE MAINTENANCE OF ROADWAY DIRECTIONAL SIGNAGE FOR THE
EVERGLADES DRIVING TRAIL WITHIN THE COLLIER COUNTY GEOGRAPHICAL
LIMITS.
WHEREAS, the State of Florida Department of Environmental Protection (FDEP) is requesting to enter into a
Roadway Signage Maintenance Agreement ("Agreement) with Collier County, wherein Collier County will assume
maintenance responsibility of roadway directional signage for the Everglades Driving Trail within the geographical
limits of Collier County
WHEREAS, the Collier County Board of County Commissioners finds that it is in the public interest to accept
maintenance of the roadway directional signs, 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 Chairman to sign, the attached Agreement.
2. The Collier County Clerk will forward a certified copy of this Resolution to FDEP along with the Agreement
for execution by FDEP.
3. This Resolution shall take effect immediately upon adoption.
of
THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same, this
,2006.
day
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
, Deputy Clerk
FRANK HA.LAS, Chairman
Approved as to form and legal sufficiency:
Scott R. Teach
Assistant County Attorney
Agenda Item No. 1689
April 25, 2006
Page 5 of 8
COLLIER COUNTY
EVERGLADES TRAIL
ROADWAY SIGNAGE PROJECT
MAINTENANCE AGREEMENT
THIS Agreement is entered into on this _ day of ,2006, by and between
the ST ATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, OFFICE OF
GREENW A YS AND TRAILS, hereinafter referred to as the "DEP OFFICE OF GREENW A YS
AND TRAILS," and COLLIER COUNTY, FLORIDA, hereinafter referred to as "LOCAL
GOVERNMENT. "
WITNESSETH
WHEREAS, pursuant to Section 339, Florida Statutes and the Federal Transportation Equity
Act for the 21 st Century, Public Law 105-178, enacted June 9, 1998, the FLORIDA
DEPARTMENT OF TRANSPORTATION has authorized the DEP OFFICE OF GREENWAYS
AND TRAILS and its contractors to undertake a project within the LOCAL GOVERNMENT
geographical limits; and
WHEREAS, said project is identified in Exhibit A and known to the parties as the
EVERGLADES TRAIL PROJECT ("project"), which will be of economic and cultural benefit to the
LOCAL GOVERNMENT; and
WHEREAS, in accordance with Title 23, U.S. Code, Section 116 and Federal Highway
Administration regulations issued pursuant thereto, there must be an agreement from the LOCAL
GOVERNMENT to maintain the project; and
WHEREAS, the LOCAL GOVERNMENT by Resolution No. , dated April
25,2006, a copy of which is attached hereto and made a part hereof, has approved this Agreement
and authorized its Chairman to execute this Agreement.
NOW, THEREFORE, in consideration of the premises, the parties agree as follows:
1. The DEP OFFICE OF GREENW A YS AND TRAILS has undertaken the project and
obtained approval from the Florida Department of Transportation for implementation of the project
and roadway signage along state-owned rights-of-way.
2. It is understood and agreed by the parties that upon completion ofthe project, the LOCAL
GOVERNMENT shall be responsible for maintenance of the roadway signage in accordance with
the following federally accepted state standards: (a) Manual of Uniform Minimum Standards for
Design, Construction and Maintenance for Streets and Highways (2005), as amended; (b) FDOT
Procedures 850-065-00 I and 850-065-002, as amended.
3. This Agreement incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained herein and the
parties agree that there are no commitments, agreements or understanding concerning the subject
Agenda Item No. 1689
April 25, 2006
Page 6 of 8
matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no
deviation from the terms hereof shall be predicated upon any prior representation or agreements
whether oral or written.
4. Each party is responsible for all personal injury and property damage attributable to the
negligent acts or omissions of their respective officers, employees, contractors or agents. Nothing
herein shall be construed as a waiver of LOCAL GOVERNMENT'S or DEP OFFICE OF
GREENW A YS AND TRAILS' sovereign immunity as provided in Section 768.28, Florida Statutes,
as amended from time to time, or any other law providing limitations on claims
5. This Agreement shall be governed, interpreted and construed according to the laws ofthe
State of Florida.
6. THE STATE OF FLORIDA'S AND THE DEP OFFICE OF GREENWAYS AND
TRAILS' PERFORMANCE AND OBLIGATION TO PAY UNDER THIS AGREEMENT IS
CONTINGENT UPON AN ANNUAL APPROPRIATION BY THE LEGISLATURE.
7. All notices, including address changes, required to be given pursuant to this Agreement
shall be given by mail, certified or registered, and return receipt requested to addresses provided
below. If by personal delivery, then by personal delivery to the person, evidenced by a receipt
signed by the recipient of such personal delivery or written notice, and shall be effective when
received.
If to the LOCAL GOVERNMENT:
Mr. James Mudd, County Manager
Office of the County Manager
3301 E. Tamiami Trail
Naples, Florida 34112
Ifto the DEP OFFICE OF GREENW A YS AND TRAILS:
Rick Halvorsen
Office of Greenways and Trails
3900 Commonwealth Blvd., M.S. 795
Tallahassee, Florida 32399-3000
8. This Agreement is an exclusive agreement for services and is personal to LOCAL
GOVERNMENT and LOCAL GOVERNMENT agrees not to transfer or assign this Agreement in
whole or in part to any third party without the prior written approval of DEP OFFICE OF
GREENW A YS AND TRAILS.
9. This Agreement may be amended only by a written document signed by both
parties.
10. No waiver or breach of any ofthe provisions ofthis Agreement shall be construed
to be a waiver of any succeeding breach of the same or any other provisions.
Agenda Item No. 1689
April 25, 2006
Page 7 of 8
The parties hereto have caused this EVERGLADES TRAIL ROADWAY SIGNAGE
PROJECT MAINTENANCE AGREEMENT to be executed on the day and year first above written.
COLLIER, COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENT AL PROTECTION
OFFICE OF GREENW A YS AND TRAILS
By:
By:
FRANK HALAS, Chairman
Print/Type Name
Director or Designee
ATTEST:
Dwight E. Brock, Clerk
APPROVED:
By:
(OFFICIAL SEAL)
By:
DEP Project Manager
. Deputy Clerk
Print/Type Name
By:
DEP Attorney
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY:
By:
Scott R. Teach, Assistant County Attorney
EXHIBIT A
EVERGLADES DRIVING TRAIL
ROADWAY SIGNAGE PROJECT
MAINTENANCE AGREEMENT
PROJECT:
The Everglades Driving Trail consists of interpretive kiosks highlighting natural areas in the
Agenda Item No. 1689
April 25, 2006
Page 8 of 8
Kissimmee River, Lake Okeechobee, Florida Everglades and Big Cypress Swamp watersheds.
Natural areas along the Everglades Driving Trail will be accessed using directional signing at one or
two crossroads along state owned right of ways, adjacent to each site. The DEP Office of
Greenways and Trails will use Federal TEA 21 enhancement funds to purchase and install the
project roadway directional signs. Upon completion of the project each County will be responsible
for maintenance of project roadway directional signage within its geographical limits.
LOCATION:
The project and roadway directional signage is located along the Everglades Driving Trail which
follows publicly owned highways providing access to 20 different natural areas located on public
lands throughout South Florida.
SITE:
COUNTY SITE
Broward - Everglades Wildlife Mgm1. Area, I 75 rest stop
Collier - Fakahatchee Strand Preserve State Park, Copeland
- Rookery Bay National Estuarine Research Reserve, Naples
- Everglades National Park, Western Entrance, Everglades City
- Florida Panther National Wildlife Refuge, Naples
- Collier-Seminole State Park, Naples
- Big Cypress National Preserve, Ochopee
Highlands - Hickory Hammock Mgm1. Area, South of Lorida
Martin - DuPuis Reserve, Indiantown
- Port Mayaca Lock, Port Mayaca
Dade - Everglades National Park, Homestead
- Everglades National Park, Shark Valley Loop Road
- Biscayne National Park, Homestead
Okeechobee - Okee- Tantie Recreation Area / LOST Trail, Okeechobee
- Kissimmee Prairie Preserve State Park, Okeechobee
Orange - Shingle Creek, Orlando
Osceo la - The Nature Conservancy Disney Wilderness Preserve, Kissimmee
- Prairie Lakes Unit, Three Lakes Wildlife Mgm1. Area, 25 miles south of S1. Cloud
Palm Beach - Arthur R. Marshall Loxahatchee National Wildlife Refuge, Boynton Beach
Polk - Lake Kissimmee State Park, Lake Wales
Revised 1/6/06
Agenda Item No. 16B10
April 25, 2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to award Bid #06-3918, "Roadway Paint, Thermoplastic Markings &
Raised Markers" to Trutwin Industries, Inc. for an estimated annual cost of $400,000.
OBJECTIVE: To provide supplies and services for roadway and pavement marking to the
Traffic Operations and Road Maintenance departments.
CONSIDERATIONS: The Collier County Purchasing Department posted Bid #06-3918,
"Roadway Paint, Thermoplastic Markings & Raised Markers" on February 6, 2006. Invitations
to bid were solicited from 40 vendors, and one response was received by the bid opening date of
February 28, 2006. The responding vendor was Trutwin Industries, Inc.
Given that Trutwin Industries, Inc. was the only firm to respond to this bid, and given that the
bid prices submitted by this vendor are acceptable to Staff and congruent with the amount
estimated and budgeted for these products and services, Staff recommends awarding this bid to
Trutwin Industries, Inc. based on the Method of A ward outlined in the Bid.
FISCAL IMP ACT: Funds for annual roadway pavement marking, thermoplastic items and
raised markers are budgeted in the amount of $1 00,000 in the Traffic Operations Operating Fund
(10 1) for Fiscal Year 05/06. In addition, the Roadway Maintenance department has budgeted a
total of $300,000 in the Road Maintenance Operating Fund (11]) and Capital Projects Fund
(313) for striping projects.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners award Bid #06-39] 8,
"Roadway Paint, Thermoplastic Markings and Raised Markers" to Trutwin Industries, Inc.
Prepared By: Sheila A. Convery, Senior Administrative Assistant 04/13/06
Attachments: Bid Tabulation, Bid #06-3918
-
Agenda Item No. 16810
April 25, 2006
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16B 10
Recommendation to award Bid #06-3918, Roadway Paint, Thermoplastic Markings & Raised
Markers to Trutwin Industries, Inc. for an estimated annual cost of $400,000.
Meeting Date:
4/25/2006 9:00:00 AM
Prepared By
Sheila Convery
Senior Administrative Assistant
Date
Transportation Services
Traffic Operations
4/13/20063:32:36 PM
Approved By
Brenda Brilhart
Purchasing Agent
Date
Administrative Services
Purchasing
4/13/20063:37 PM
Approved By
Robert W. Tipton, P.E.
Traffic Operations Director
Date
Transportation Services
Traffic Operations
4113/2006 5:22 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
4/13/20065:29 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
4/14120068:17 AM
Approved By
Mike Hauer
AcquiSition Manager
Date
Administrative Services
Purchasing
4114/200611 :14 AM
Approved By
John Vliet
Roads Maintenance Superintendant
Date
Transportation Services
Road Maintenance
4/17/20066:43 AM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
4/17/200611:17 AM
Approved By
Pat Lehnhard
Executive Secretary
Date
Transportation Services
Transportation Services Admin
4/17/200612:44 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/18/200610:50 AM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
Agenda Item No. 16810
April 25, 2006
Page 3 of 4
County Manager's Office
4/18/2006 11 ;25 AM
Project Mgr.: Steve E. Ritter
Date Posted: 2-6-06
Date Due: 2-26-06
810: 06-3916
"Roadway Paint, Thermoplastic Markings and Rasied Markers"
Addendums: 1
Agenda Item No. 16810
April 25, 2006
pack~~~~efe1?~~
Bids Received: 1
ITEM DESCRIPTION Trutwin Industries, Inc.
I PAINT
] Lines 15 mil
a 6" Cost per LF $ 0,12
(Under one (J I mile) $ 0.25
(Over one (I) mile) $ 0.12
b 8" Cost Der LF $ 050
c 12" Cost oer LF $ 150
d 18" Cost Der LF $ I 75
e 24 II Cost ner LF $ 250
Svmbols and Pavement Messaees 1~ mil
a Miscellaneous Paint: Cost per SF $ 2.00
SUBTOTAL SECTION I: $ 8.74
" THERMOPLASTIC
I 60 mil: Cost per SF $ 4.50
90 mil: Cost per SF $ 4.75
2 60 mil
a 6" Cost per LF $ 045
(Under one f 1 mile) $ 065
(Over one (I) mile) $ 045
b 8" Cost Der LF $ 0.75
c 12" Cost Der LF $ 2.75
d ] 8" Cost per LF $ 4,25
e 24" Cost per LF $ 5.75
90 mil
a 61' Cost per LF $ 0.55
(Under one (1) mile I $ 0.75
fOver one (1) milel $ 0.55
b 8" Cost Der LF $ 1.00
c ] 2" Cost per LF $ 300
d 18" Cost per LF $ 450
e 24" Cost Der LF $ 6.00
SUBTOTAL SECTIO!'lII: $ 40.65
III REMOVAL OF PAINT OR THERMO-
PLASTIC MARKINGS
] pflint
Cost Der SF $ 150
Thermol)lastic
60 mil: Cost ner SF $ 200
90 mil: Cost per SF $ 250
SUBTOTAL SECTION III: $ 600
IV RAISED PA VEMENT MARKERS (RPMs
]
A Less than 200~ Cost EA $ 450
200 to 500; Cost EA $ 4.25
50] to 1.000, Cost EA $ 4.00
Greater than 1.000~ Cost EA $ 400
B Less than 200; Cost EA $ 4.50
200 to 500: Cost EA $ 4~5
501 to 1.000: Cost EA $ 400
Greater than 1.OOO~ Cost EA $ 400
2 Removal of existln!.!. RPMs at the lime of installation
of new RPMs IGndin J Onlv)~ CoSI EA $ 200
3 FurnIsh and lnstall Ceramic 6" disks WIth internal
reflectors~ Cost EA $ 7500
4 FurnIsh and Install traffic delmeator nickets: Cost EA $ 65.00
5 Mmimum Trio Charge; Cost EA $ 750.00
6 Niuht/week-end differentiaL % lo,amio
SUBTOTAL SECfION IV: $ 925 60
TOTAL BASE BID - SECTIONS I through IV: $ 980.99
Promnt Pavment Terms Net 30 Davs
Addendum Acknowledc.ed No
Auent: Brenda Bri Ihart
Witness Courtnev Grosman
*totfll not include on vendor's bid submission
Page 1 011
Agenda Item No. 16C1
April 25, 2006
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve second contract under Request for Proposal #02-3350 for the
standardization of biofilter odor control units with U.S. Filter Wastewater Group, Inc.
d/b/a U.S. Filter RJ Environmental in the estimated annual amount of $200,000.
OBJECTIVE: That the Board of County Commissioners, Ex-Officio, the Governing Board of
the Collier County Water-Sewer District, approve the second contract under RFP #02-3350 -
Biofilter Odor Control Units to standardize the purchase of odor control units for wastewater lift
stations.
CONSIDERATIONS: The Board approved original contract #02-3350 with U.S. Filter
Wastewater Group, Inc. d/b/a U.S. Filter RJ Environmental on June 11, 2002, Agenda Item
16E2. The standardization was procured through a Request for Proposal (RFP) competitive
process.
U.S. Filter Wastewater Group, Inc. d/b/a U.S. Filter RJ Environmental has provided satisfactory
odor control units and services under the first contract and staff recommends that the Board
approve this second contract.
FISCAL IMP ACT: The fiscal impact of this purchase during the current Fiscal Year is in the
estimated amount of $200,000, and will vary depending on the number of odor control units
requested. Funds in the amount of $200,000 are available in Project 730641 for the specified
tasks. The source of all funds is the Wastewater User Fee Fund 414. The budget is consistent
with the Wastewater Capital Budget funds for FY05 as approved by the Board on September 23,
2004.
GROWTH MANAGEMENT IMP ACT: This project meets current Growth Management Plan
standards to ensure the adequacy and availability of viable public facilities.
RECOMMENDATION: That the Board of County Commissioners, Ex-Officio, the Governing
Board of the Collier County Water-Sewer District, approve the second contract under RFP #02-
3350 with U.S. Filter Wastewater Group, Inc. d/b/a U.S. Filter RJ Environmental and authorize
the Chairman to sign the standard agreement after approval by the County Attorney's office.
PREPARED BY: Stephen L. Nagy, Wastewater Collections Manager
-.
Agenda Item No. 16C1
April 25, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16C1
Meeting Date:
Recommendation to approve second contract under Request for Proposal #02-3350 for the
standardization of biofilter odor control units with U.S. Filter Wastewater Group, Inc d/b/a
U.S. Filter RJ Environmental in the estimated annual amount of $200,000.
4/25/20069:00:00 AM
Prepared By
Stephen l. Nagy
Wastewater Collections Manager
Date
Public Utilities
WasteWater
3/23/20068:28:25 AM
Approved By
Stephen L. Nagy
Wastewater Collections Manager
Date
Public Utilities
WasteWater
3/23/2006 8:38 AM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
3/27/200612:02 PM
Approved By
lyn Wood
Purchasing Agent
Date
Administrative Services
Purchasing
3/28/20069:50 AM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
3128/2006 1 :48 PM
Approved By
G. George Yilmaz
Interim WasteWater Director
Date
Public Utilities
WasteWater
3/29/20062:33 PM
Approved By
James W. Delony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
4110/2006 1 :32 PM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/13/20061 :14 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4113120065:02 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/13/20065:36 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
Agenda Item No. 16C1
April 25, 2006
Page 3 of 3
County Manager's Office
4/14/200610:50 AM
Agenda Item No. 16C2
April 25, 2006
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve, execute and record Satisfactions for certain Water
and/or Sewer Impact Fee Payment Agreements. Fiscal impact is $38.50 to record
the Satisfactions of Lien.
OBJECTIVE: Recommendation that the Board acknowledges full payment and
executes Satisfactions for the Agreement To Extend Installment Payment of Water
and/or Sewer System Impact Fees.
CONSIDERATIONS: The Board of County Commissioners of Collier County, Florida as
Ex-Officio the Governing Board of the Collier County Water Sewer District, is the owner
and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water
and/or Sewer System Impact Fees executed by:
SEE ATTACHED EXHIBIT "A"
-
Full payment and satisfactions of these agreements have been made.
The County Attorney's Office has reviewed and approved the satisfactions.
FISCAL IMPACT: Satisfaction of these agreements has increased the cash flow in the
water impact fee (Fund 411) by $0.00 and sewer impact fee (Fund 413) by $3,540.00.
The fiscal impact for recording the Satisfactions of Lien is approximately $38.50, which
is to be charged to (Fund 408) the County Water! Sewer Operating Fund Utility Billing
cost center.
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact
associated with these items.
RECOMMENDATION: Recommendation to acknowledge full payment and the
satisfactions of these agreements and to surrender the same as canceled. Authorize
the Chairman to execute the Satisfactions of Notice of Promise to Pay and Agreement.
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service.
~.
Agenda Item No. 16C2
April 25, 2006
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16C2
Item Summary:
Recommendation to approve, execute and record Satisfactions for certain Water and/or
Sewer Impact Fee Payment Agreements. Fiscal impact is $38.50 to record the Satisfactions
of Lien.
Meeting Date:
4/25/2006 9:00:00 AM
Prepared By
Pam Callis
Revenue Supervisor
Date
Public Utilities
USCS
3129/20069:51 :52 AM
Approved By
Teresa Riesen
Revenue Manager
Date
Public Utilities
UBCS
3/29/2006 11 :41 AM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
416/2006 2:01 PM
Approved By
John A. Yonkosky
Utility Billing Director
Date
Public Utilities
UBCS
4/7/20064:02 PM
Approved By
Pam Callis
Revenue Supervisor
Date
Public Utilities
UBCS
4/7120064:14 PM
Approved By
James W. DeLony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
4113120069:35 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4113/20064:12 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4113120065:05 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/13/2006 5:12 PM
Approved By
Leo E. Ochs. Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4/14/200611:32 AM
Agenda Item No. 16C2
April 25, 2006
Page 3 of 7
EXHIBIT "A"
1. Joe C. Auble and Jo Ann Auble, husband and wife, securing the principal balance
of one thousand one hundred eighty dollars and no cents ($1180.00). Folio
#450880002786
2. Rosemarie Fleet, a single person, securing the principal balance of one thousand
one hundred eighty dollars and no cents ($1180.00). Folio #48480960007
3. Alice G. Fugere, securing the principal balance of one thousand one hundred
eighty dollars and no cents ($1180.00). Folio #81621080004
Agenda Item No. 16C2
April 25, 2006
Page 4 of 7
Prepared by:
Robert Zachary
Assistant County Attorney
Office of County Attomey
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO
EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement
with the following:
Joe C. Auble and Jo Ann Auble, Husband and Wife
Whose mailing address is
103 Mahogany
Naples, FI34114
Bearing the date of the 23'd day of September 1999, recorded in Official Record
Book 2594 Page(s) 1144, in the Office of the Clerk of the Circuit Court of Collier County,
State of Florida, which Agreement imposes a lien on the subject real property. The Lien
secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents
($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations
against real property situated in Collier County, Florida, described as follows:
UNIT 139, HOLIDAY MANOR COOPERATIVE, A RESIDENTIAL
COOPERATIVE, ACCORDING TO EXHIBIT "B" (PLOT PLAN) OF THE
MASTER FORM PROPRIETARY LEASE, RECORDED IN OFFICIAL RECORDS
BOOK 2698, PAGES 1503 -1560, OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
FOLIO NUMBER: 50880002786
Collier County, a political subdivision of the State of Florida, and the Collier
County Water-Sewer District, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels
the Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien
in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to
exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District,
acting through its Chairman, directs execution and recording of this Satisfaction of Lien,
by action of the Board this _ day of , 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
Approved as to form and legal
sufficiency:
David C. Weigel
County Attorney
FRANK HALAS, CHAIRMAN
Agenda Item No. 16C2
April 25, 2006
Page 5 of 7
Prepared by:
Robert Zachary
Assistant County Attorney
Office of County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO
EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement
with the following:
Rosemarie Fleet, a single person
Whose mailing address is
37 North Olney Street
Johnston, RI 02919
Bearing the date of the 29th day of June 1999, recorded in Official Record Book
2563 Page(s) 3351, in the Office of the Clerk of the Circuit Court of Collier County, State of
Florida, which Agreement imposes a lien on the subject real property. The Lien secures
the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00)
plus accrued interest and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida, described as follows:
THAT CERTAIN CONDOMINIUM PARCEL COMPOSED OF
APARTMENT B-106, GULF WINDS EAST, A CONDOMINIUM, AND AN
UNDIVIDED SHARE IN THE COMMON ELEMENTS APPURTENANT THERETO
IN ACCORDANCE WITH AND SUBJECT TO THE COVENANTS,
RESTRICTIONS, TERMS, AND OTHER PROVISIONS OF THE DECLARATION
THEREOF RECORDED IN OFFICIAL RECORD BOOK 508, PAGES 165
THROUGH 224, INCLUSIVE, AND AS AMENDED IN OFFICIAL RECORD
BOOK 939, PAGES 1171 THROUGH 1236, INCLUSIVE, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA, AND SUBSEQUENT
AMENDMENTS THERETO.
FOLIO NUMBER: 48480960007
Collier County, a political subdivision of the State of Florida, and the Collier
County Water-Sewer District, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels
the Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien
in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to
exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District,
acting through its Chairman, directs execution and recording of this Satisfaction of Lien,
by action of the Board this _ day of , 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER
Agenda Item No. 16C2
April 25, 2006
Page 6 of 7
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
Approved as to form and legal
sufficiency:
David C. Weigel
County Attorney
FRANK HALAS, CHAIRMAN
Agenda Item No. 16C2
April 25, 2006
Page 7 of 7
Prepared by:
Robert Zachary
Assistant County Attorney
Office of County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO
EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE
KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF
COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement
with the following:
Alice G. Fugere
Whose mailing address is
161 Pine Key Ln.
Naples, FI 34114
Bearing the date of the 12th day of August 1999, recorded in Official Record Book
2581 Page(s) 0118, in the Office of the Clerk of the Circuit Court of Collier County, State of
Florida, which Agreement imposes a lien on the subject real property. The Lien secures
the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00)
plus accrued interest and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida, described as follows:
UNIT NO. 27, WEST WIND MOBILE HOME ESTATES, A
CONDOMINIUM AS MORE FULLY SHOWN IN OFFICIAL RECORD BOOK 630,
PAGES 1883 THROUGH 1932, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA; TOGETHER WITH ALL UNDIVIDED INTERESTS IN THE COMMON
ELEMENTS OR SURPLUSES ACCRUING TO SAID PROPERTY. ALSO
INCLUDING 1979 PALM HARBOR 14' X 64' MOBILE HOME, SERIAL NUMBER
15734 WITH ALL THE ATTACHMENTS AND IMPROVEMENTS.
FOLIO NUMBER: 81621080004
Collier County, a political subdivision of the State of Florida, and the Collier
County Water-Sewer District, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels
the Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien
in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to
exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District,
acting through its Chairman, directs execution and recording of this Satisfaction of Lien,
by action of the Board this _ day of , 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA, AS THE
GOVERNING BODY OF COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
Approved as to form and legal
sufficiency:
David C. Weigel
County Attorney
FRANK HALAS, CHAIRMAN
Agenda Item No. 16C3
April 25, 2006
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution to approve the Satisfactions of Lien for
Solid Waste residential accounts wherein the County has received payment and
said Liens are satisfied in full for the 1993 Solid Waste Collection and Disposal
Services Special Assessments. Fiscal impact is $30.00 to record the
Satisfactions of Lien.
OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential
accounts where the County has received payment in full for the 1993 Solid Waste
Collection Services Special Assessments.
CONSIDERA TIONS: Resolution No. 94-694 adopted by the Board on September 20,
1994 provided for the recording of the list of 1993 delinquent solid waste collection and
disposal services special assessments and a mailing of a written notice of the
imposition of each residential unit lien. Resolution No. 94-694 was recorded on
September 22, 1994 in Official Record Book 1987, Pages 1514 through 1749 of the
Official Records of Collier County, Florida, which placed a lien on certain residential
properties for the 1993 Solid Waste Collection Services Special Assessments.
Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien
shall be approved by Resolution.
The attached Resolution lists the two accounts that have been paid in full for the 1993
Solid Waste Collection Services Special Assessment Liens.
FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the
Resolution is approximately $30.00, which is to be charged to County Water/Sewer
Operating Fund (408).
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact
associated with these items.
RECOMMENDATION: That the Board of County Commissioners adopt the attached
Resolution approving the two Satisfactions of Lien for the accounts listed in the
Resolution and authorizing the Chairman to sign the two Satisfactions of Lien for the
1993 Solid Waste Collection Services Special Assessment Liens.
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service
.-
Agenda Item No. 16C3
April 25, 2006
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16C3
Meeting Date:
Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste
residential accounts wherein the County has received payment and said Liens are satisfied in
full for the 1993 Solid Waste Coliection and Disposal Services Special Assessments. Fiscal
impact is $30.00 to record the Satisfactions of Lien.
4/25/20069:00:00 AM
Item Summary:
Prepared By
Pam Callis
Revenue Supervisor
Date
Public Utilities
USCS
3/29/200610:16:41 AM
Approved By
Teresa Riesen
Revenue Manager
Date
Public Utilities
USCS
3/29/200611:41 AM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
4/6/2006 2:00 PM
Approved By
John A. Yonkosky
Utility Billing Director
Date
Public Utilities
UBCS
4/7/20064:02 PM
Approved By
Pam Callis
Revenue Supervisor
Date
Public Utilities
UBCS
4/7/20064:16 PM
Approved By
James W. Delony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
4/10/20061 :33 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/13/20061:15 PM
Approved By
Randy Greenwald
Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/13/20063:58 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/13/20065:10 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/14/2006 11 :32 AM
RESOLUTION NO. 2006-
Agenda Item No. 16C3
April 25, 2006
Page 3 of 5
A RESOLUTION APPROVING SATISFACTION OF LIENS
FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL
THE 1993 SOLID WASTE COLLECTION AND DISPOSAL
SERVICES SPECIAL ASSESSMENTS
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board
of County Commissioners on September 20, 1994 adopted Resolution No. 94-694
authorizing the recording of notices of liens for the delinquent solid waste collection and
disposal services special assessments for 1993; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to
approve by Resolution and record in the Official Records a Satisfactions of Lien on all
accounts that have been paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County
Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the
1993 Service Year Solid Waste Collection and Disposal Special Assessment for the
following accounts numbered below, subsequent to the adoption of Resolution No. 94-694,
whereupon a lien had been recorded on real property pertaining to the accounts identified
herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein
are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board
of County Commissioners, and the Clerk is directed to record this Resolution and these
Satisfactions of Lien individually in the official records of Collier County
Account No.
110
24222
This Resolution adopted this _ day of
second and majority vote.
, 2006, after motion,
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRANK HALAS, CHAIRMAN
Approved as to form and
legal sufficiency:
David C. Weigel
County Attorney
Agenda Item No. 16C3
April 25, 2006
Page 4 of 5
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No. 00078400001
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
REYNA, RAYMOND=& JANIE
POBOX 275
IMMOKALEE FL 339340000
The Lien was recorded on the 22nd day of September 1994, in Official Record
Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
Seventy Seven Dollars and Twenty Six Cents ($77 .26) plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
324629 E 165FT OF W 495FT OF N 120FT OF S 554FT OF
E1/2 OF NE1/4 OF SW1/4, LESS RIW OR 865 PG 557
Folio No.
Project No.
Account No.
00078400001
63001
110
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board this _ day of ,2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C3
April 25, 2006
Page 5 of 5
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No. 63100120005
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
NEWBERRY, ANNIE M
4810 AZTEC CIR
NAPLES FL 339620000
The Lien was recorded on the 22nd day of September 1994, in Official Record
Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
NAPLES SOUTH UNIT 1 BLK 1 LOT 3 OR 1916 PG 1024
Folio No.
Project No.
Account No.
63100120005
63000
24222
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board this _ day of , 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C4
April 25, 2006
Page 1 of 24
EXECUTIVE SUMMARY
Approve and execute the attached Resolution and Real Estate Exchange
Agreement for property to be exchanged between the City of Marco Island
and Collier County.
OBJECTIVE: To exchange the County's existing Marco Island Recycling Center
property for two City of Marco Island properties consisting of two lots, lying westerly of
and directly across E. Elkcam Circle from the existing Recycling Center, and one parcel
abutting Marco Airport
~-
CONSIDERATIONS: The City of Marco Island (City) wishes to expand its Water and
Waste Water Treatment Facility located northeasterly of and abutting Collier County's
(County) 1.51 acre Marco Island Recycling Center (Center). The City requested to
purchase the Center site, but because the County's presence on Marco Island is critical
for recycling and hazardous waste collection purposes, the City now proposes that the
County exchange the Center site for two separate properties owned by the City. The
properties to be exchanged by the City comprise two lots totaling 0.80 acres situated
immediately across the street (E. Elkcam Circle) from the Center site (collectively Parcel
1) and a 1.01 acre parcel abutting the Marco Airport (Parcel 2). The attached aerials
show the three properties and their locations, The Board at its February 14, 2006
meeting, Item 100, authorized staff to proceed with preparation of an exchange
agreement.
As part of this exchange, the County is responsible for relocating existing Recycling
Center equipment from the Center site to Parcel 1. The proposed agreement provides
for an inspection period and each entity will be responsible for conducting its own due
diligence, which will include an environmental audit of the subject properties. Should
either party be dissatisfied with the results of its review and investigation during this
period, it may terminate the agreement. The City has agreed to pay for County related
routine purchasing expenses, including recording fees, title commitments, title insurance,
and up to $2,500 for a Phase I Environmental Report (Transaction Expenses.) As a
result of the County's inspection of the Recycling Center property, the County
discovered a gasoline spill. The County will assume responsibility for the cleanup and
this transaction will not close until after cleanup has been completed.
Real Estate Services' staff appraiser has appraised the three properties. The Center
site appraised at $2,631,000, Parcel 1 at $1,394,000 and Parcel 2 at $336,200. This
exchange is beneficial to the County as it will allow Solid Waste to maintain a Recycling
Center on Marco Island and expand the County-owned premises at the Marco Airport.
This additional property allows the Airport Authority to relocate some of its existing
vehicle parking so as to create new areas for aircraft tie down and other income
producing ventures, Although the County is currently using the Center site, the
exchange would result in a replacement site for the Recycling Center thereby eliminating
the County's need for the Center site. While there is a value difference between the
Center site and Parcels 1 and 2 combined, it is staffs opinion that the long term benefits
to the County will offset the difference.
,-
Agenda Item No. 16C4
April 25, 2006
Page 2 of 24
In accordance with Florida Statute requirements for the exchange of public properties,
this transaction has been properly advertised once a week for at least two weeks in the
Naples Daily News.
The attached Resolution and Real Estate Exchange Agreement outlining the terms of
the transaction as stated above has been reviewed and approved by the County
Attorney's Office and Solid Waste Department.
FISCAL IMPACT: Any expenses other than Transaction Expenses incurred by Solid
Waste related to this exchange will be paid from Marco Recycling Center Fund (470) -
173442. Any expenses other than Transaction Expenses incurred by The Airport
Authority related to this exchange will be paid from Airport Authority Capital Fund (496),
WBS 50053. The appraised value ($336,200) of Parcel 2 will be transferred from The
Airport Authority Capital Fund to the Marco Recycling Center Fund, after funding is
approved. Land acquisition is eligible for 95% Federal Aviation Administration grant
funding with matching funds of 5% coming from local funds.
GROWTH MANAGEMENT IMPACT: This transaction is consistent with the County's
Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners:
1. Declare the County's existing Recycling Center property surplus pending
closing of this transaction; and
2. Approve the attached Resolution and Real Estate Exchange Agreement and
authorize the Chairman to execute the Resolution and Real Estate Exchange
Agreement and any and all other County Attorney's Office approved
documents related to this exchange on behalf of the Board; and
3. Accept the Warranty Deeds once they have been received and approved by
the County Attorney's Office; and
4. Authorize the transfer of funds from and to the appropriate accounts; and
5. Direct the County Manager or his designee to proceed to affect the
exchange, to follow all appropriate closing procedures, to record the deeds
and any and all necessary documents to obtain clear title to the property, and
to take all reasonable steps necessary to ensure performance under the
Agreement.
PREPARED BY: Charles E. Carrington, Jr., Manager
Real Estate Services / Facilities Management Department
-
Agenda Item No. 16C4
April 25, 2006
Page 3 of 24
Agenda Item No. 16C4
April 25, 2006
Page 4 of 24
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16C4
Meeting Date:
Approve and execute the attached Resolution and Real Estate Exchange Agreement for
property to be exchanged between the City of Marco Island and Collier County.
4/25/20069:00:00 AM
Prepared By
Charles E. Carrington, Jr.,
SR/WA
Real Estate Services Manager
Date
Administrative Services
Facilities Management
4/4/2006 9:45:55 AM
Approved By
Dan Croft
Fleet Management Director
Date
Administrative Services
Fleet Management
4/4/2006 10:44 AM
Approved By
Skip Camp, C.F.M.
Facilities Management Director
Date
Administrative Services
Facilities Management
414/20063:54 PM
Approved By
Daniel R. Rodriguez, M.B.A.
Interim Solid Waste Director
Date
Public Utilities
Solid Waste
4/4/2006 6:03 PM
Approved By
Theresa M. Cook
Executive Director
Date
County Manager's Office
Airport Authority
4/10/200611 :10 AM
Approved By
Thomas Wi des
Operations Director
Date
Public Utilities
Public Utilities Operations
4/1012006 11 :43 AM
Approved By
James W. Delony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
4/10/20062:00 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/13/20061:16 PM
Approved By
Randy Greenwald
Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4113/20064:20 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/13/20065:24 PM
Approved By
Agenda Item No. 16C4
April 25, 2006
Page 5 of 24
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/13/20065:34 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4/14/200611:11 AM
"-
Agenda Item No. 16C4
CITY OF MARCO ISLAND WATER & WASTE WATER TREA~~f~~
FACILITY, COUNTY TRANSFER STATION & PARCEL 1
Agenda Item No. 16C4
April 25,2006
Page 7 of 24
PARCEL 2
fI). ':z.' Nap""
.~ ^ . '"'.''''' ...
.,;':=:~:::~~.~:i__;~-.r.lM''''
RESOLUTION NO. 2006-
Agenda Item No. 16C4
April 25, 2006
Page S of 24
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AUTHORIZING A REAL ESTATE EXCHANGE
BETWEEN THE COUNTY AND THE CITY OF MARCO ISLAND WHICH WILL
ENABLE THE CITY TO EXPAND ITS WATER AND WASTE WATER
TREATMENT FACILITIES AND THE COUNTY TO OPERATE A RECYCLING
CEJ'I.'TER ON MARCO ISLAND AT A NEW LOCATION AND TO EXPAND ITS
OPERA TIONS AT MARCO AIRPORT.
WHEREAS, Collier County is the owner of that certain real property in Collier County, Florida,
and more particularly described in Exhibit "A," attached hereto and made a part hereof ("County
Property"); and
WHEREAS, City of Marco Island is the owner of two (2) parcels of real property located in
Collier County, Florida, and which properties are more particularly described in Exhibit "B," attached
hereto and made a part hereof ("City Property"); and
WHEREAS, the City Property is approximately 1.81 acres in total and the County Property is
approximately 1.53 acres; and
WHEREAS, Collier County and the City of Marco Island desire to exchange these properties to
enable the City to expand its Water and Waste Water Treatment Facilities, the County to relocate and
maintain its Recycling Center on Marco Island, and the County to expand its land holdings at Marco
Airport thereby assisting the Airport Authority in the expansion of its operations; and
WHEREAS, in accordance with Section 125.37, Florida Statutes, this proposed exchange of
public properties has been properly advertised once a week for at least two weeks in the Naples Daily
News, a newspaper of general circulation in Collier County; and
WHEREAS, the Board of County Commissioners of Collier County now finds that the County
Property will no longer be needed or required by the County for a County purpose once the Recycling
Center facilities have been relocated to that portion of the City Property identified as Parcel A on Exhibit
"B" to this Resolution; and
WHEREAS, both the City and the County find a public benefit in effectuating this exchange; and
WHEREAS, the Board of County Commissioners finds that the proposed exchange is in the best
interest of the County and desires to authorize its Chairman to execute the Real Estate Exchange
Agreement, attached hereto, and take such other action needed to complete the subject property exchange.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
1. The foregoing WHEREAS Clauses are adopted and incorporated herein as if fully restated.
2. The Board of County Commissioners of Collier County, Florida, hereby authorizes its
Chairman, on behalf of this Board, to execute the Real Estate Exchange Agreement, attached hereto, and
approves the exchange of property described therein and any acts needed to convey the Recycling Center
site and accept the newly acquired public properties.
3. This Resolution shall take effect immediately upon adoption.
ADOPTED this _ day of
favoring adoption.
, 2006 after motion, second and majority vote
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COM:MISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
By:
Frank Halas, Chairman
Deputy Clerk
Approved as to form and
legal sufficiency:
Ellen T. Chadwell, Assistant County Attorney @>
Agenda Item NO.1 C4
April 25, 2 06
Page 9 0 24
EXUffiIT "A"
COUNTY PROPERTY
A Tract of land lying in Tracts D and F as shown on the Plat of Marco Beach Unit 4, recorded in
Plat Book 6, Pages 32 through 37, Public Records of Collier County, Florida, and being more
particularly described as follows:
Commence at the intersection of the southeasterly right-of-way line of Windward Drive, as
shown on said Plat of Marco Beach Unit 4, and the southwesterly boundary line of said Tract D;
thence run S 45"00'00" E along the line common to said Tracts D and F, for 200.00 feet to the
Point of Beginning of the lands herein described; thence run N 45"00'00" E for 100 feet; thence
run S 53047' 14" E for 388.67 feet to a point on the southeasterly boundary line of said Tract D;
thence run S 50003 '34" W along said southeasterly boundary line of said Tract D for 160.00 feet;
thence run N 45000'00" W along the line common to said Tracts D and F for 161.00 feet; thence
run S 45000'00" W for 159,77 feet to a point on the northeasterly right-of-way line of Elkcam
Circle, as shown on said Plat of Marco Beach Unit 4; thence run N 45000'00" W along said
northeasterly right-of-way line of Elkcam Circle for 200.00 feet; thence run N 45"00'00" E for
159.77 feet to a point on the line common to said Tracts D and F; thence run N 45000'00" W
along said line common to Tracts D and F for 9,00 feet to the Point of Beginning.
Less and except the following described property:
A portion of Tract "D", according to the plat of Marco Beach Unit 4, as recorded in Plat
Book 6, Pages 32 through 37, Public Records of Collier County, Florida, described as
follows:
Begin at the most southerly comer of said Tract "D"; thence along the southwesterly
boundary of said Tract "D" run N 45000'00" W for 86.00 feet; thence leaving said
southwesterly boundary run N 45000'00" E for 143.90 feet; thence run S 53047' 14" E for
101.30 feet to the southeasterly boundary of said Tract "D"; thence along said
southeasterly boundary run S 50003'34" W for 160.00 feet to the Point of Beginning.
Containing approximately 1.53 acres.
Agenda Item No.1 C4
April 25, 2 06
Page 100 24
EXHIBIT "B"
PARCEL A OF THE CITY PROPERTY
Lots 3 and 4, Block 777, a replat of a portion of Marco Beach Unit Four, a subdivision according
to the plat thereof, recorded in Plat Book 12, Pages 19 to 21, of the Public Records of Collier
County, Florida.
Containing approximately 0.80 of an acre
PARCEL B OF THE CITY PROPERTY
Tract Q, Marco Shores Unit One, a subdivision according to the Plat thereof as recorded in Plat
Book 14, Pages 33 through 38, Public Records of Collier, Florida, Less and except that certain
property described below:
Beginning at the northeast comer of Tract "Q"; thence along the east line of said Tract "Q",
South 11059'55" East, 332.93 feet to a point on the north right-of-way line of Mainsail Drive
according to the plat of said Marco Shores Unit One; thence along said right-of-way line South
77054' 19" West 131.94 feet; thence leaving said right-of-way line North 12"00'24" West 307.62
feet to a point on the boundary of said Tract "Q"; thence along said boundary in the following
two (2) described courses.
1) North 24045'16" East 7.32 feet;
2) North 69014'17" East 129.11 feet to the Point of Beginning of the parcel herein
described.
Bearings are based on the east line of said Tract "Q" being South 11059' 55" East
Containing approximately 1.01 acre
Agenda Item No. 16C4
April 25, 2006
Page 11 of 24
REAL ESTATE EXCHANGE AGREEMENT
TIllS REAL ESTATE EXCHANGE AGREEMENT (the "Agreement") is made this day
of , 2006 by and between the CITY OF MARCO ISLAND, a Florida municipal
corporation (the "City"), and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA (the "County").
WITNFSSEm THAT:
WHEREAS, the County is the owner of that certain real property in Collier County, Florida and
more particularly described on Exhibit "A" attached hereto and made a part hereof (the "County Property");
and
WHEREAS, the City is the owner of two (2) parcels of real property located in Collier County,
Florida and which properties are more particularly described on Exhibit "B" ("Parcel B") and Exhibit "c"
("Parcel C") attached hereto and made a part hereof (parcel B and Parcel C are sometimes collectively
referred to herein as the "City Property"); and
WHEREAS, the City Property is approximately 1.81 acres in total and the County Property is
approximately 1.53 acres; and
WHEREAS, the City desires to exchange the City Property for the County Property on the terms
and conditions hereinafter set forth in this Agreement; and
WHEREAS, the County desires to exchange the County Property for the City Property on the terms
and conditions hereinafter set forth in this Agreement; and
WHEREAS, the City has requested that the County exchange the County Property with the City for
the City Property. In light of the exchange of properties contemplated herein, the County Property is not
needed for County purposes; and
WHEREAS, the County is authorized by Section 125.37 and Section 125,38, Florida Statutes" to
enter into this Agreement with the City for the exchange described herein; and
WHEREAS, both the City and the County find a public benefit purpose and public benefit in
effectuating the exchange.
NOW, THEREFORE, in consideration of the foregoing and of the mutual promises,
representations and undertakings of the parties set forth herein, the adequacy and sufficiency of which is
hereby acknowledged, the parties hereby agree as follows:
1.
reference.
RECITALS. The above recitals are true and correct and incorporated herein by this
2. EXCHANGE. The City agrees to convey the City Property to the County and, in exchange,
the County agrees to convey the County Property to the City, It is recognized by the parties that the City does
not currently own Parcel B. The City is a party to that certain Commercial Contract dated as of January 25,
2006 wherein the City has agreed to close on the purchase of Parcel B (the "Parcel B Purchase Agreement").
The fulfillment of the terms of this Agreement by the City is contingent upon the City completing the
acquisition of Parcel B under the Parcel B Purchase Agreement.
1
Agenda Item No. 16C4
April 25, 2006
Page 12 of 24
3, VALVES. For the purposes of this exchange, and for the computation of title insurance
premiums, the value of the County Property ("County Property Value") and the value of the City Property
("City Property Value") shall be established by appraisal or other reliable, market value estimate,
4. TITLE OF THE CITY PROPERTY,
(a) No later than five (5) days after the Effective Date, the City shall provide the
County with a copy of the City's existing title insurance policies applicable to the City Property (to the
extent they exist). Within twenty (20) days from the Effective Date of this Agreement, the City shall deliver
to the County an AL T A title commitment ("County Title Commitment"), in the amount of the City Property
Value, accompanied by one legible copy of all documents affecting the City Property and which constitute
exceptions to the County Title Commitment. Goodlette Coleman & Johnson, P,A., as agent for First
American Title Insurance Company or such other title insurance company selected by the City ("Title
Company"), shall issue the County Title Commitment and, pursuant to the terms of the County Title
Commitment, the owner's title insurance policy. The County Title Commitment shall (i) show and evidence
that title to the City Property is currently in the name of the City (except for Parcel B which will be acquired
by the City); and (ii) show and evidence that title is good, marketable and insurable, subject only to the
permitted exceptions listed below in Section 4(b).
(b) The City Property shall be exchanged, and good and marketable title is to be
conveyed, subject to the following permitted exceptions:
(1) Real estate taxes and assessments for the year of closing and subsequent
years, for which a bill has not been rendered as of the Closing Date,
(2) Any title encumbrances or exceptions which are set forth in the County
Commitment, or in the County Survey described in Section 4(c) of this Agreement, to which the County
does not object within the applicable review period.
(c) No later than (5) days after the Effective Date, the City shall deliver to the County
the City's existing survey of the City Property and the improvements located thereon (for both Parcel B and
Parcel C to the extent they exist). Within thirty (30) days from the Effective Date, the County, at its own
expense, may obtain an up-to-date survey of the City Property prepared by a State of Florida licensed
surveyor (the "County Survey") certified to the County, the Title Company, and to any lending institution
the County may designate. The County Survey shall be in form and substance sufficient to delete the survey
and unrecorded easement exceptions from the County Title Commitment (defined below), and contain a
certification as to acreage and flood elevation, If the County Survey reveals an encroachment onto the City
Property, an improvement located on the City Property projects onto lands of others, an improvement
violates a zoning or other governmental use restriction, or an improvement violates any recorded covenant
and the County delivers written notice of the same to the City within forty-five (45) days from the Effective
Date (the "County Survey Review Period") then said easement or encroachment shall be treated as a defect
in title and the provisions of Section 4(d) of this Agreement shall apply, Unless the County delivers written
notice of any such easement or encroachment within the County Survey Review Period, time being of the
essence, it shall be conclusively deemed that the County has accepted the City Property subject to any
easements or encroachments affecting the City Property.
(d) If the County Commitment or County Survey shall reflect that the City's title is
subject to matters, which are not acceptable to the County, in the County's sole discretion, and the County
shall notify the City of the County's objections to the same in writing within the later of forty-five (45) days
from and after the Effective Date ("County Title Review Period"), time being of the essence, the same shall
be treated as defect(s) in title, Unless the County delivers written notice to the City of the County's
2
Agenda Item No. 16C4
April 25, 2006
Page 13 of 24
objections to title within the County Title Review Period, time being of the essence, it shall be conclusively
deemed that the County has accepted title to the City Property in its then existing condition. The City shall
have thirty (30) days from and after receipt of the County's objections to cure any defect(s) in the City's title
and the City agrees that City shall use due diligence in curing any such defect(s). If the City does not cure
the title defect(s) within said thirty (30) day period, the County shall have the option of either: (i) closing
this transaction in accordance with the terms and provisions hereof and accepting title in its then existing
condition; or (ii) terminating this transaction upon notice to the City, within fifteen (15) days after expiration
of said thirty (30) day period, whereupon the City and the County shall be released from any and all further
obligations and liabilities arising under or out of this Agreement. If the County shall fail to terminate this
Agreement by giving notice of the same to the City within fifteen (15) days from and after the expiration of
said thirty (30) day period, time being of the essence, then it shall be deemed that the County has accepted
title in its then existing condition and the County shall proceed to close this transaction in accordance with
the terms and conditions hereof.
5, TITLE OF THE COUNTY PROPERTY.
(a) No later than five (5) days after the Effective Date, the County shall provide the
City with a copy of the County's existing title insurance policy applicable to the County Property (if one
exists). Within twenty (20) days from the Effective Date of this Agreement, the City shall obtain an ALTA
title commitment ("City Title Commitment"), in the amount of the County Property Value, accompanied by
one legible copy of all documents affecting the County Property and which constitute exceptions to the City
Title Commitment. Goodlette Coleman & Johnson, P,A., as agent for the Title Company, shall issue the
City Title Commitment and, pursuant to the terms of the City Title Commitment, the owner's title insurance
policy. The City Title Commitment shall (i) show and evidence that title to the Property is currently in the
name of the County; and (ii) show and evidence that title is good, marketable and insurable, subject only to
the permitted exceptions listed below in Section 5(b).
(b) The County Property shall be exchanged, and good and marketable title is to be
conveyed, subject to the following permitted exceptions:
(1) Real estate taxes and assessments for the year of closing and subsequent
years, for which a bill has not been rendered as of the Closing Date.
(2) Any title encumbrances or exceptions which are set forth in the City
Commitment, or in the City Survey described in Section 5(c) of this Agreement, to which the City does not
object within the applicable review period.
(c) No later than (5) days after the Effective Date, the County shall deliver to the City
the County's existing survey of the County Property and the improvements located thereon (if one exists).
Within thirty (30) days from the Effective Date, the City, at its own expense, may obtain an up-to-date
survey of the County Property prepared by a State of Florida licensed surveyor (the "City Survey") certified
to the City, the Title Company, and to any lending institution the City may designate. The City Survey shall
be in form and substance sufficient to delete the survey and unrecorded easement exceptions from the City
Title Commitment (defined below), and contain a certification as to acreage and flood elevation. If the City
Survey reveals an encroachment onto the County Property, an improvement located on the County Property
projects onto lands of others, an improvement violates a zoning or other governmental use restriction, or an
improvement violates any recorded covenant and the City delivers written notice of the same to the County
within forty-five (45) days from the Effective Date (the "City Survey Review Period") then said easement or
encroachment shall be treated as a defect in title and the provisions of Section 5( d) of this Agreement shall
apply. Unless the City delivers written notice of any such easement or encroachment within the City Survey
3
Agenda Item No. 16C4
April 25, 2006
Page 14 of 24
Review Period, time being of the essence, it shall be conclusively deemed that the City has accepted the
County Property subject to any easements or encroachments affecting the County Property.
(d) If the City Commitment or City Survey shall reflect that the County's title is
subject to matters, which are not acceptable to the City, in the City's sole discretion, and the City shall
notify the County of the City's objections to the same in writing within the later offorty-five (45) days from
and after the Effective Date ("City Title Review Period"), time being of the essence, the same shall be
treated as defect(s) in title. Unless the City delivers written notice to the County of the City's objections to
title within the City Title Review Period, time being of the essence, it shall be conclusively deemed that the
City has accepted title to the County Property in its then existing condition. The County shall have thirty
(30) days from and after receipt of the City's objections to cure any defect(s) in the County's title and the
County agrees that the County shall use due diligence in curing any such defect(s). If the County does not
cure the title defect(s) within said thirty (30) day period, the City shall have the option of either: (i) closing
this transaction in accordance with the terms and provisions hereof and accepting title in its then existing
condition; or (ii) terminating this transaction upon notice to the County, within fifteen (15) days after
expiration of said thirty (30) day period, whereupon the City and the County shall be released from any and
all further obligations and liabilities arising under or out of this Agreement. If the City shall fail to terminate
this Agreement by giving notice of the same to the County within fifteen (15) days from and after the
expiration of said thirty (30) day period, time being of the essence, then it shall be deemed that the City has
accepted title in its then existing condition and the City shall proceed to close this transaction in accordance
with the terms and conditions hereof.
6. INVESTIGATION PERIOD,
(a) Each party shall have forty-five (45) days from and after the Effective Date to conduct
engineering, feasibility and such other studies and investigations concerning the property being acquired as
each desires (the "Investigation Period"), During the Investigation Period, each party and its agents shall be
provided with full access to the respective properties as deemed necessary by the inspecting party. Each
party and/or its designated agents may enter upon the applicable property for the purpose of soil analysis,
core drilling, structural examination and tests, or other studies, tests, examinations and investigations which
may be deemed necessary. During the Investigation Period the parties agree to cooperate fully with one
another in order that each may obtain copies of all documents pertaining to the property being acquired,
including, but not limited to, plats, site plans, surveys, permits, licenses, approvals, and environmental
reports. If for any reason, or no reason, either party determines during the Investigation Period (in its sole
discretion) that said party does not desire to proceed with the transaction (the "Terminating Party"), then no
later than the expiration of the Investigation Period, the Terminating Party shall notify the other party that it
has elected not to proceed and desires to terminate this Agreement, and the parties shall be relieved of all
liability under this Agreement. If either party fails to provide to the other party notice that it has elected not to
proceed on or before 5:00 p.m. on the last day of the Investigation Period, then said party shall be deemed to
have elected to proceed and shall have no further right to terminate this Agreement under this Section 6. In
the event this Agreement fails to close for any reason, to the extent either party's inspections resulted in
alterations of a property, said party shall restore the property to the condition existing prior to the inspections.
This obligation to restore the property shall survive any termination of this Agreement.
(b) Each party understands and acknow ledges that it will inspect the property said party is
acquiring and will rely solely on its own investigations of the property and not on any information
provided or to be provided by the other party. except as otherwise provided herein. Each party
acknowledges that any documents provided to the other party pursuant to this Section or any prior survey
provided were obtained from a variety of sources and the delivering party has not made any independent
investigation or verification of such information; and the delivering party does not make any
4
Agenda Item No. 16C4
April 25, 2006
Page 15 of 24
representations as to the accuracy or completeness of such information, except as otherwise specified in
this Agreement.
7. CONDITIONS PRECEDENT TO THE CITY'S OBLIGATION TO CLOSE. The
City's obligation to consummate the transactions contemplated hereunder is conditioned upon the following:
(a) The City Council of the City of Marco Island approving this Agreement on or before April
30,2006;and
(b) The City shall have completed the acquisition of Parcel B on or before the Closing Date;
(c) The City shall not have given written notice rightfully terminating this Agreement within
the appropriate periods of time specified for the same; and
(d) Completion by the County of the clean-up of the County Property pursuant to Section 25
below.
In the event that anyone or more of the above conditions contained in this Section is not satisfied at or prior
to the Closing (or such earlier date as is specified with respect to a particular condition), the City may, at its
sole option, (i) terminate this Agreement by notice to the County, or (ii) if applicable, the City may waive
such conditions precedent and close,
8, CONDITIONS PRECEDENT TO THE COUNTY'S OBLIGATION TO CLOSE. The
County's obligation to consummate the transactions contemplated hereunder is conditioned upon the
following events:
(a) The Board of County Commissioners of Collier County approving this Agreement on or
before April 3D, 2006; and
(b) The City shall have completed the acquisition of Parcel B on or before the Closing Date; and
(c) The County shall not have given written notice rightfully terminating this Agreement
within the appropriate periods of time specified for the same,
In the event that anyone or more of the above conditions contained in this Section is not satisfied at or prior
to the Closing (or such earlier date as is specified with respect to a particular condition), the County may, at
its sole option, (i) terminate this Agreement by notice to the City, or (ii) if applicable, the County may waive
such conditions precedent and close.
9, CLOSING AND CLOSING DATE. GOODLETTE, COLEMAN & JOHNSON, P,A
shall serve as the closing agent for this exchange. The transactions described herein shall be "closed" and
titles to the properties shall be conveyed by delivery of fully executed deeds (as described below in Section
10) and other closing documents, including, without limitation, those described below in Section 10,
(referred to herein as the "Closing") at 10 0' clock a,m. on the Closing Date (as hereinafter defined) at the
offices of GOODLETfE, COLEMAN & JOHNSON, P.A" 4001 Tamiami Trail North, Suite 300, Naples,
Florida 34103, or at such other place which the City and the County shall mutually agree upon in writing.
The date of Closing, as to which time shall be of the essence, shall be on or thirty (30) days after the Clean-
up Completion Notification as defined below (the "Closing Date") unless otherwise modified or extended
pursuant to the provisions of this Agreement or mutually agreed upon in writing between the City and the
County.
5
Agenda Item No. 16C4
April 25, 2006
Page 16 of 24
10, CLOSING DOCUMENTATION. At Closing, each party shall deliver to the other party
the following:
(a) The City shall deliver a good and sufficient special warranty deed and the County
shall deliver a statutory deed as prescribed by Section 125.411, Florida Statutes;
(b) An owner's gap, mechanics' lien, and "non-foreign" affidavit, which in the case of
the County, may be executed by Assistant County Attorney on behalf of the County;
(c) Possession of the applicable property; and
(d) Such evidence of the authority and capacity of both parties and their
representatives to execute and deliver this Agreement and such other documents as may be required to
consummate the transactions contemplated hereunder as each party's legal counsel and/or the Title
Company may reasonably determine.
11. CLOSING EXPENSES, The City shall be responsible for the cost of the City Survey, the
costs of the City's studies and investigations, the cost of title searches and examinations applicable to the
City Property and the County Property for purposes of preparing the County Title Commitment and City
Title Commitment, the cost of the County Title Commitment and the City Title Commitment; the premium
for the Owner's Policy of Title Insurance for the County Property (issued to the City), the premium for the
Owner's Policy of Title Insurance for the City Property (issued to the County), and the recording costs for
the deeds conveyed hereunder. The City shall also reimburse the County for the cost of a Phase I
environmental study for the City Property in an amount not to exceed $2,500,00. The County shall be
responsible for the cost of the County Survey, the costs of the County's studies and investigations (subject to
the foregoing reimbursement at Closing for the Phase I expense). Each party shall pay for its own attorney's
fees incurred in connection with the Closing. Except as otherwise provided in this Section, all other
expenses hereunder shall be paid by the party incurring such expense.
12. CLOSING AGREEMENT. The City acknowledges that the County has an ongoing
operation on the County Property and that the County will require additional time after Closing to transfer
said operation. The City Manager and County Manager are authorized and shall enter into a closing
agreement which will allow each party to continue to use the property each is exchanging hereunder for
public purposes, Said agreement will allow the County such time as may be agreed to by the City Manager
and County Manager to transfer the County operations. To the extent permitted by law, each party shall hold
the other harmless from and indemnify the other against any loss, claim, damage, or liability arising from any
such activities; provided, however, this provision shall not be construed to alter the state's waiver of
sovereign immunity a..<; to either party beyond the limits established in Section 768.28, Florida Statutes. Each
party shall observe any and all federal, state or local laws, ordinances, or regulations controlling or otherwise
pertaining to their use and occupancy hereunder.
13, BROKER'S COMMISSION. The parties warrant and represent that they have not
employed nor utilized the services of any real estate broker in connection with the negotiation of the
transaction contemplated in this Agreement. If any broker, other than as provided below, shall claim
compensation against either party by reason of the alleged representation of the other party, the party whom
such broker purports to have represented shall hold the other party harmless from, and defend such other
party against, any such claim for compensation. This paragraph shall survive the closing or any termination
of this Agreement.
14. NOTICES. Any notice, request, demand, instruction or other communication to be
given to any party hereunder shall be in writing and either hand delivered, delivered by overnight courier,
6
Agenda Item No. 16C4
April 25, 2006
Page 17 of 24
facsimile transmission, or sent by registered, or certified mail, return receipt requested. postage prepaid,
addressed as follows:
If to Collier County:
Real Estate ServicesIFacilities Management Department
Attn: Chuck Carrington
Administration Building
3301 Tamiami Trail East
Naples, Florida 34112
Phone: (239) 774-8475 / Facsimile: (239) 774-8876
With a copy to:
Ellen T. Chadwell, Esq.,Assistant County Attorney
Harmon Turner Building
3301 Tamiami Trail East
Naples, Florida 34112
Phone: (239) 774-8400 / Facsimile: (239) 774-0225
If to City:
City of Marco Island
Attn: A. William Moss, City Manager
50 Bald Eagle Drive
Marco Island, Florida 34105
Phone: (239) 389-5000/ Facsimile: (239) 389-4359
With a copy to:
Goodlette Coleman & Johnson, PA.
4001 Tamiami Trail North, Suite 300
Naples, Florida 34103
Attn: Gregory L. Urbancic, Esq.
Phone: (239) 435-3535 / Facsimile: (239) 435-1218
Any notice demand, request or other communication shall be deemed to be given upon actual
receipt in the case of hand delivery, facsimile transmission (with confirmed delivery receipt), or delivery by
overnight courier, or three (3) business days after depositing the same in a letter box or by other means
placed within the possession of the United States Postal Service, properly addressed to the party in
accordance with the foregoing and with the proper amount of postage affixed thereto, In the event of any
notice via facsimile transmission, a hard copy shall be sent via certified mail, return receipt requested on the
day of such transmission. Any such transmission received after 5:00 p.m, Eastern Standard Time (or
Daylight Savings Time, whichever then applicable) shall be deemed to have been given on the next
following business day. For purposes of delivering and receiving any notices, demands. requests or other
communications under this Agreement, the attorneys for the City may directly contact the County and the
attorneys for the County may directly contact the City, The respective attorneys for both the City and the
County are hereby expressly authorized to give and receive any notice, demand, request or to make any
other communication pursuant to the tenns of this Agreement on behalf of their respective clients,
The addressees and addresses for the purpose of this Article may be changed by either party by
giving written notice of such change to the other party in the manner provided herein. For the purpose of
changing such addresses or addressees only, unless and until such written notice is received, the last
addressee and respective address stated herein shall be deemed to continue in effect for all purposes,
15. CAPTIONS. The captions in this Agreement are inserted only for the purpose of
convenient reference and in no way define, limit, or prescribe the scope or intent of this Agreement or any
part hereof.
7
Agenda Item No. 16C4
April 25, 2006
Page 18 of 24
16. CONSTRUCTION. No provision of this Agreement shall be construed by any court or
other judicial authority against any party hereto by reason of such party's being deemed to have drafted or
structured such provision, it being recognized that both parties have contributed to the drafting of this
Agreement.
17. ORIGINAL DOCUMENT, This Agreement may be executed by both parties in
counterparts, each of which shall be deemed an original, but all of such counterparts taken together shall
constitute one and the same Agreement.
18. GOVERNING LAW, This Agreement shall be construed, and the rights and obligations of
the parties hereunder shall be determined, in accordance with the laws of the State of Florida, Venue for any
disputes concerning this Agreement shall be Collier County, Florida.
19. NON-MERGER. Any provision hereof which by its terms would be performed after the
Closing Date shall survive the closing and shall not merge in the closing or in the deeds, except as
specifically provided to the contrary herein.
20. DEFAULT. In the event that a party defaults hereunder, the non-defaulting party shall be
entitled to all remedies in law or in equity against the defaulting party.
21. ENTIRE AGREEMENT, This Agreement constitutes the entire agreement between the
parties hereto with respect to the exchange of the properties and supersedes all prior understandings, if any,
there being no other oral or written promises, conditions, representations, understandings or terms of any kind
as conditions or inducements to the execution hereof and none have been relied upon by either party. Any
subsequent conditions, representations, warranties, or agreements shall not be valid and binding upon the
parties unless in writing and signed by both parties.
22. AMENDMENTS. This Agreement may not be changed, modified or terminated,
except by an instrument executed by the parties hereto.
23. EFFECTIVE DATE. The Effective Date of this Agreement shall be the date on which the
last party to execute this Agreement does so.
24, UTILITY EASEMENT ON PARCEL C. It is acknowledged by the parties there are
water and/or other City utility lines located on Parcel C of the City Property in that certain location shown on
Exhibit "D" attached hereto and made a part hereof (the "Easement Area"). The City and the County agree
that an easement for water and utility lines (the "Utility Easement") over and across the Easement Area will
be recorded in favor of the City at Closing. In all respects, the Utility Easement shall be a permitted
exception hereunder, The Utility Easement will provide that the City will relocate, at its sole cost, its utility
facilities within the Easement Area and release its easement rights in the Easement Area post-closing upon
the reasonable request of the County and upon the County providing an acceptable replacement utility
easement within Parcel C. The form of the Utility Easement and its manner of creation will be agreed upon
by the parties during the Investigation Period.
25. CLEAN-UP OF COUNTY PROPERTY. Based upon its own investigations, the County
has discovered soil and water contamination on the Property resulting from a fuel leak or spill (the
"Contamination"). The County' s environmental tests concluded that (i) cleanup and remediation of the
8
Agenda Item No. 16C4
April 25, 2006
Page 19 of 24
Contamination is required including the removal of an underground storage tank ("Clean-up Work") and
(ii) approval by the Florida Department of Environmental Protection ("FDEP") of the remediation work is
necessary. The County shall be responsible, at its sole cost and expense, for the Clean-up Work and shall
pursue the same with reasonable diligence. The County shall also be responsible for getting the Clean-up
Work approved by the FDEP. The County shall perform all Clean-up Work prior to Closing, Upon
approval of the site clean-up by FDEP, the County shall provide written notice that it has completed the
Clean-up Work ("Clean-up Completion Notification") and that FDEP has approved the same.
(Remainder of Page Intentionally Left Blank- Signatures Begin on Next Page)
IN WITNESS WHEREOF, the parties have hereunto set their hands as of the Effective Date.
CITY OF MARCO ISLAND,
a Florida municipal corporation
ATTEST:
~y,~NYi~
A. William Moss, City Manager
~~ ~. ~
J,..v Laura Litzan, City Clerk
Date:
l{ / b / Ut,
L"'~ LOIS A GUNTER
~~ MY COMMISSION # D0383747
~ EXPIRES: JII\IIIIIY 04. 2009
l~orAAY Fl. Notory~AII<It:. Co.
9
ATTEST:
Dwight E. Brock, Clerk
Approved as to form and legal sufficiency:
Ellen T. Chadwell ~
Assistant County Attorney
S:'lJreg'CIic:m FoI:dcrS'Cttyof Man.:o IsIMdlLand Swap WIth CoIlid" CcUlt~1\n:aI (State exchlUlge and pudwe agreemenLOx
Agenda Item No. 16C4
April 25, 2006
Page 20 of 24
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FWRIDA
By:
Frank Halas, Chairman
Date:
10
Agenda Item No. 16C4
April 25, 2006
Page 21 of 24
EXHIBIT "'A"
COUNTY PROPERTY
A Tract of land lying in Tracts D and F as shown on the Plat of Marco Beach Unit 4, recorded in
Plat Book 6, Pages 32 through 37, Public Records of Collier County, Florida, and being more
particularly described as follows:
Commence at the intersection of the southeasterly right-of-way line of Windward Drive, as
shown on said Plat of Marco Beach Unit 4, and the southwesterly boundary line of said Tract D;
thence run S 45000'00" E along the line common to said Tracts D and F, for 200.00 feet to the
Point of Beginning of the lands herein described; thence run N 45000'00" E for 100 feet; thence
run S 53047' 14" E for 388.67 feet to a point on the southeasterly boundary line of said Tract D;
thence run S 50003'34" W along said southeasterly boundary line of said Tract D for 160.00 feet;
thence run N 45000'00" W along the line common to said Tracts D and F for 161.00 feet; thence
run S 45000'00" W for 159.77 feet to a point on the northeasterly right-of-way line of Elkcam
Circle, as shown on said Plat of Marco Beach Unit 4; thence run N 45000'00" W along said
northeasterly right-of-way line of Elkcam Circle for 200.00 feet; thence run N 45000'00" E for
159.77 feet to a point on the line common to said Tracts D and F; thence run N 45000'00" W
along said line common to Tracts D and F for 9.00 feet to the Point of Beginning.
Less and except the following described property:
A portion of Tract "D", according to the plat of Marco Beach Unit 4, as recorded in Plat
Book 6, Pages 32 through 37, Public Records of Collier County, Florida, described as
follows:
Begin at the most southerly comer of said Tract "D"; thence along the southwesterly
boundary of said Tract "D" run N 45000'00" W for 86.00 feet; thence leaving said
southwesterly boundary run N 45000'00" E for 143.90 feet; thence run S 53047' 14" E for
101.30 feet to the southeasterly boundary of said Tract "D"; thence along said
southeasterly boundary run S 50003'34" W for 160.00 feet to the Point of Beginning.
Containing approximately 1.53 acres.
Agenda Item No. 16C4
April 25, 2006
Page 22 of 24
EXHIBIT "B"
PARCEL B OF THE CITY PROPERTY
Lots 3 and 4, Block 777, a replat of a portion of Marco Beach Unit Four, a subdivision according
to the plat thereof, recorded in Plat Book 12, Pages 19 to 21, of the Public Records of Collier
County, Florida.
Containing approximately 0.80 of an acre
Agenda Item No. 16C4
April 25, 2006
Page 23 of 24
EXHIBIT "e"
PARCEL C OF THE CITY PROPERTY
Tract Q, Marco Shores Unit One, a subdivision according to the Plat thereof as recorded in Plat
Book 14, Pages 33 through 38, Public Records of Collier, Florida, LESS AND EXCEPT that
certain property described below:
Beginning at the northeast comer of Tract "Q"; thence along the east line of said Tract "Q",
South 11059'55" East, 332.93 feet to a point on the north right-of-way line of Mainsail Drive
according to the plat of said Marco Shores Unit One; thence along said right-of-way line South
77054' 19" West 131.94 feet; thence leaving said right-of-way line North 12000'24" West 307.62
feet to a point on the boundary of said Tract "Q"; thence along said boundary in the following
two (2) described courses.
1) North 24045'16" East 7.32 feet;
2) North 69014'17" East 129,11 feet to the Point of Beginning of the parcel herein
described.
Bearings are based on the east line of said Tract "Q" being South 11059' 55" East.
Containing approximately 1.01 acre
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Agenda Item No. 16C5
April 25, 2006
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation, by mutual agreement, to terminate a temporary inter-local
potable water service agreement to a single service site between the Collier County
Water-Sewer District and the Florida Governmental Utility Authority
OBJECTIVE: That the Board of County Commissioners, as Ex-Officio the Governing
Board of the Collier County Water-Sewer District ("CCWSD"), agree to mutually
terminate an inter-local agreement between the CCWSD and the Florida Governmental
Utility Authority ("FGUA"), assignee of the Agreement from the Florida Cities Water
Company
-
CONSIDERATIONS: On February 7, 1995, the Board of County Commissioners
approved an inter-local Agreement between the CCWSD and the Florida Cities Water
Company. The Agreement was assigned to the FGUA when the FGUA purchased the
utility system from Florida Cities Water Company. By operation of the Agreement, the
CCWSD agreed to provide temporary potable water service to an FP&L substation at 15th
Avenue S.W. and Collier Boulevard, a service site within the CCWSD's service area and
geographically close to what is now FGUA's service area, When the Agreement was
entered into, the CCWSD did not have capability to serve the site, The CCWSD is now
capable to provide its potable water service to this site; FP&L desires this service from
the CCWSD, and FGUA has agreed in writing to terminate the Agreement.
This executive summary has been reviewed by the County Attorney's Office.
FISCAL IMP ACT: There will be no fiscal impact to the Collier County Water-Sewer
District.
GROWTH MANAGEMENT IMP ACT: There IS no impact on the Growth
Management Plan,
RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the
Governing Board of the Collier County Water-Sewer District ("CCWSD"), by approval
of this Executive Summary, agrees with the Florida Governmental Utility Authority to
terminate the subject temporary potable water service inter-local agreement between the
CCWSD and that Authority,
PREPARED BY: Joe Bellone, Operations Supervisor, Public Utilities Operations.
,,-.
Agenda Item No. 16C5
April 25, 2006
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16C5
Item Summary:
Recommendation to terminate an inter-local agreement dated February 7, 1995, between the
Collier County Water-Sewer District and the Florida Governmental Utility Authority (FGUA),
formerly Fiorida Cities Water Company.
Meeting Date:
4/25/20069:00:00 AM
Prepared By
Joseph Bellone
Operations Supervisor
Date
Public Utilities
Public Utilities Operations
4/4/20069:00:46 AM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
4/6/2006 1 :59 PM
Approved By
James W. DeLony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
4/13/20069:35 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4113/20064:12 PM
Approved By
Randy Greenwald
Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/18/20062:56 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
4/18/20067:06 PM
03-1 D-OS 02 :43PU
FROIrI-C, C, REVENUE SERV I CE
+9416434117
T-538
P 02l04A~~a Item No. 16C5
. April 25, 2006
Page 3 of 7
SERVICE AGREEMENT
THIS A GREEMENT, mads and entered into t/lis
71"i..,
day of
1'/"'--= """_"-- 1995 by and belween BOARD OF COUNTY COMlVIlSSfONIORS OF
U'
COl-l-IER COUNTY Ft.ORIDA as EX-Officio the Governing Poard of the Collie, Counry Weter-
Sewer DiStrict. with its principal place ot business at 3301 East Tamiami Trllil. Naples, F\..
33942 (hereinafter referrea to as .County.>. and FLORIDA CITIES WATER COMPANY. a
Florida CorpOration. with its principal place of bUSiness at 4837 Swift Road, Suite 100, P. O.
Sox 21119, Sarasota, Florida, 34277 (hereinafter referred to as .Company"'.
WITNESSETH
WHEREAS, Company is the owner of i!l Water!Wastewater Certificate of Pl.lblic
Convenience and Necessity granted by the Florida Public Service Commission in cenein arees
at Collier County, FIOnde; and
WHEREAS, County IS desirous of receiving 1,0 Equivalent Residemial Dwelling
ConnectiDn/Unit (ERel winer service at a point of connection located within Company's
service area, more particularly described as follows:
Meter located In Slock 73. Lot 35 lit the intersection of C.R. 951 and Green 13oulevara.
NOW THEREFORE, 10 consideration ot the premises arle tor value received, and in
conSIderation of the covel lams of this Agreement. it is mutuCllly agreed by and between me
parties hereto as follows:
COunty will. ae its COSt and flxpense, furnish the necessary engineering,
engineering services. labOr ana materialS. install nBCBSSary lines and appurtenances ana obtain
all necessary easemems and ptcrmlts as reqUired to prDvlde servIce
It is mutually understood and agreed thaI Compally IS a pu!:llic utility aml that its
rrglHs and obligallons,-Speclfically includlTlg rates~d other charges hereunder. shall be subject
to aU applicable orders, rules and regulations ollawful regulatory commissions or regulatory
authorities that may have ;urisdlCtlOn
REV 10101/94
-1-
C;)lhCll agli;;:Ir'S6
09-10-06 02:43PM FROt.l-C,C,REVENUE SERVICE
fB41S4341IT
T-538 P.03/0Agliilftva Item No. 16C5
April 25, 2006
Page 4 of 7
Coumy agrees to PElY. upon the execution of thiS Contract. an apprOved system
capacity charge to Company for eecn equivalent residential dwellmg unit as cl6t6rmined by the
Company for connecting its ~ lines to the utility system of Company. Toe Current
approved system capacity cnarges are:
$825 per i::RC for water ana $431 per ERC for wZlst8water. The system capacity
charges for this ERe have lleen paid.
4. Company may provide ~ service and connect additional customers to the
lines and facilities constructed by the County and deeded to the Company in accordance with
its approveCl rSles. rules and regulations,
5. It IS furtner unClerStOOCl ana agreed that the limitation on equivalent resiClemial
dwelling units to be connected to the Company's utility facilities from the proposed lines and
facilities within the area aforesaid snail be determinea Ily Company. Additional usage reql..llfea
tly County over en(j aoove It'la! commined herein cannot 06 otltaine" without proper approval
of Company.
6, Company's commitment is limited by this Agreementto 1.0 Equivalent Residenti~1
Dwelling Connection/Unit. Service to additIonal BQuivalent residential connections are subject
to separate agreement and the payment of additional system capacity Charges to the
Company.
7, County agrees to pay guaranteea I evanues in an amoL.lnt determined by ttle Florida
Public ServIce Commission or ottler appropnale regulatory agencies. per unit per month. until
such time as meterS are set anti/Or service begun under the terms of thiS agreement, At that
time. toe entity Or individual requesting the setting of the waTer meter and receipt of water
service shall begin, In accordance With the rules. regL.llatlons and tariffs of the Company. to
pay the base unit charge on that unit or unIts. It IS recognized that the guaranteed revenue
charge referred to if) tnis paragraph is necessary in light of the tact that the Company may pe
in a position of owmng and maintaining facilities tor an extensive period of time without all
or some of tn~ Un!ts COveflilC nereuna.er prod\.lci."\g revenue.
g, This Agreement shall be binding upon and shall inure to the benefit of the parries
hereto and their respective succeSSor sana llssigns. This Agreement constitutes the emire
. - ~.
under standing and agreement between the parties relevam to the matters refeHed to herein.
No aClditions, Cleletions, modIficatiOns or olher changes of this Agreement shall nave (lOY force
Or effect. 01 be of any validIty unless mllde H' wflllng anu ,executed by and 1ll1tween the partieS
w,1I1111<: "tulle IVrlTI31,1Y !I~ tlli~ AgrHcII'1
REV '1010,,94
-2-
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03-10-06 02:44PM FROI.!-C,C, REVENUE SERVICE
+941S43411T
T-S38 p.o4/o4Aggnda Item No. 16C5
April 25, 2006
Page 5 of 7
9. All notices. requests, demllnCls ana orner communicatiOns hereunCler shall be In
writing and shall be deemed to have been fully given if delivered or mailed. first class postage
prepaid
10. It is tunher understood and agreed that If 1'lItl)er pilrty fails to comply with the term
of this Agreemenr or any subsequent modIfications. the party found to be In noncompliance
by a cOurt of competent jUlIscJlctlon inCluding but not limited to any local. stste or federat
administerial body shall pay all co!:!S, expenses. reasonable attorney's fees connecteel with
the interpretation anellor enforcement of thIS Agreement end/Or mOClifications thereon,
Iflcludlng but not limited to any ana all eppellate proceeaings as a reSults thereof.
IN WITNESS WHEREOF, COUNTY and COMPANY nllve clluseCl these presents to bll
executed in theIr respective nElm6S by their proper officers and their corporate seals to be
hereunto affixea by their pi oper officers the day aM year first above wflUen.
Signed, sealed and delivered
in our presence as witnesses:
ATTl=$T:
Ov;-ight E. SrOCK,. CierI<.
BOARD OF COMMISSIONERS OF
COLLIER COUNTY..FLORIPA AS EX-
OFFICIO THE GOVERNING BOARD
OF THE~OLLIER COUNT (WATER-
~~V'ER. ?ISTR)JI .1
/~; . I
S ....). , .... ./ ,.
't ~-f',"""'~"::~:'l__1....._~_________,..._,_.____ ~___," _ ~
// aeny~ JI !VIamhews
Challmid .
, ..~.., ':. j:J
.,:? ,>/ - ..~ Q ,.,
-&-. . V"-;:.::.//.["""."''--~''>~'''''''''~r.:iL.L.....
;i"C:P',;':/C,:rk './'
~'rTr~~'T~~:=-L'~~.;~~~;~~;:::;; 'K~
By
_-{LOfIDA CITIIOS WATER COMPAN Y
, I' .' i
,I / i : I J
' ,I) ,! .I /., . ,
J~\LI'- ,Iv-ev(
!\.kI1ael A.c~~ta. P.~---~---
vP En0ine;;r:nJ &. Op6raiior,s
/
~ ~:o ?rm ~rffiClenCy
AssIstant Coun J Attornes
Rfll \0/01/'34
-3-
COlli.r 1 _OJ/agr/S6
Agenda Item No. 16C5
April 25, 2006
Page 6 of 7
COLLIER COUNTY PUBLIC UTILITIES DIVISION
3301 East Tamiami Trail · Naples. Florida 34112 . (239) 732-2575 · Fax (239) 732-2526
March 27,2006
Mr. David Miles
Florida Governmental Utility Authority
Protegrity Plaza, Suite 203
280 Wakiva Springs Road
Longwood,FL 32779
Dear Mr. Miles:
1bis letter serves as the Second and Final Notice (per the attached Agreement section (9)
and First Notice Letter dated March 15,2006) that the FP&L substation at 4105 15th
Avenue S.W., located within the certificated boundaries of the Collier County Water-
Sewer District, will be connected to the District's potable water lines effective April 3,
2006,
To expedite this matter, please send to me an e-mail (josephbeIlone@colliergov.net) or
FAX (239-732-2660) stating that FGUA considers that the Agreement has served its
purpose, is no longer needed, and therefore is terminated.
Please let me know if you have any questions, You can reach me on (239) 417-6028.
Sincerely,
.-----\ /:1
/ I. ./ .<1'1
I.--.j",il Y:J~~.'---
;1: BcilDf'.e
Operations Supervisor, Public Utilities Division
Attachments
CC: James W. DeLony, Public Utilities Administrator
Tom Wides, Operations Directo.r.___..__.____ ___~._.. ..
Tom Palmer, County Attorney's Office
Pam Libby, Operations Manager, Water Department
Jamie French, Manager Regulation.
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Agenda Item No. 16C5
p~ rtP,fzbo6
Page 7 of 7
BelloneJoseph
From: David Miles [DMiles@GovMServ.com]
Sent: Monday, April 03, ~~006 4:03 PM Mr '
To: BelloneJoseph
Cc: Charles Sweat; Kevin Grace; Clara Dozier; Mike Murphy (mikem@stes.com); Bill Focht
Subject: Supply of Potable Water to Collier County for FP&L substation at 4105 15th Avenue S.w.
Attachments: Collier County Letter 03-27-06 Agreement Termination.pdf
; ~ .
This is provided to acknowledge receipt of your letter dated March 27, 2006 and its enclosures pertaining to the
delivery of potable water to the FP&L substation at 4105 15th Avenue S.W. We understand and agree that this
substation is located in the service area of Collier County Public Utilities Division. We understand that Collier
County will connect this customer directly to a Collier County potable water main effective today, April 3, 2006.
Collier County has requested that thl~ agreement between Collier County and Florida Cities Water Company
(predecessor to the FGUA) dated February 7, 1995, which provided for the FGUA to provide potable water to this
site and bill Collier County, be terminated immediately.
We agree to this termination.
Mike Murphy and Bill Focht, will you identify the appropriate FGUA Golden Gate account number pertaining to
this site and arrange to have a final meter reading conducted within 24 hours, our service line disconnected and
capped, and the FGUA meter retriev,sd for reuse or proper disposal. A final billing should be rendered to Collier
County/FP&L on this account upon reading of the meter. Please coordinate any issues and resolve with Mr. Joe
Bellone, Collier County Public Utilities Division if necessary at (239) 417-6028.
Mike and Bill, please confirm to me in writing when this disconnection, final meter reading and final billing have
been completed.
4/3/2006
Agenda Item No. 16C6
April 25, 2006
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution to approve the Satisfactions of Lien for
Solid Waste residential accounts wherein the County has received payment and
said Liens are satisfied in full for the 1994 Solid Waste Collection and Disposal
Services Special Assessments. Fiscal impact is $30.00 to record the
Satisfactions of Lien.
OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential
accounts where the County has received payment in full for the 1994 Solid Waste
Collection Services Special Assessments.
CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22, 1995
provided for the recording of the list of 1994 delinquent solid waste collection and
disposal services special assessments and a mailing of a written notice of the
imposition of each residential unit lien. Resolution No. 95-475 was recorded on
September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the
Official Records of Collier County, Florida, which placed a lien on certain residential
properties for the 1994 Solid Waste Collection Services Special Assessments.
Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien
shall be approved by Resolution.
The attached Resolution lists the two accounts that have been paid in full for the 1994
Solid Waste Collection Services Special Assessment Lien.
FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the
Resolution is approximately $30,00, which is to be charged to County Water/Sewer
Operating Fund (408).
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact
associated with these items.
RECOMMENDATION: That Board of County Commissioners adopts the attached
Resolution approving the two Satisfactions of Lien for the accounts listed in the
Resolution and authorizing the Chairman to sign the two Satisfactions of Lien for the
1994 Solid Waste Collection Services Special Assessment Liens.
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service
.-
Agenda Item No. 16C6
April 25, 2006
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16C6
Meeting Date:
Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste
residential accounts wherein the County has received payment and said Liens are satisfied in
full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal
impact is $30.00 to record the Satisfactions of Lien.
4/25/2006 9:00:00 AM
Prepared By
Pam Callis
Revenue Supervisor
Date
Public Utilities
UBCS
3/29/200611 :56:24 AM
Approved By
Thomas Wi des
Operations Director
Date
Public Utilities
Public Utilities Operations
3/29/200612:55 PM
Approved By
John A. Yonkosky
Utility Billing Director
Date
Public Utilities
UBCS
4/1/2006 4:03 PM
Approved By
Teresa Riesen
Revenue Manager
Date
Public Utilities
UBCS
4/1/20064:11 PM
Approved By
Pam Callis
Revenue Supervisor
Date
Public Utilities
USCS
411/20064:15 PM
Approved By
Gwen Walker
Executive Secretary
Date
Public Utilities
Public Utilities Admin
4/13120064:45 PM
Approved By
James W. DeLony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
4/13120064:41 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/14/2006 8:39 AM
Approved By
Leo E. Ochs. Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4/14/200611 :34 AM
Agenda Item No. 16C6
April 25, 2006
Page 3 of 5
RESOLUTION NO. 2006-_
A RESOLUTION APPROVING SATISFACTION OF LIENS
FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE
1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES
SPECIAL ASSESSMENTS.
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board
of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing
the recording of notices of liens for the delinquent solid waste collection and disposal
services special assessments for 1994; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to
approve by Resolution and record in the Official Records a Satisfaction of Lien on all
accounts that have been paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County
Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the
1994 Service Year Solid Waste Collection and Disposal Special Assessment for the
following account numbered below, subsequent to the adoption of Resolution No. 95-475,
whereupon a lien had been recorded on real property pertaining to the account identified
herein. The Satisfaction of Lien attached hereto referencing the account identified herein
are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board
of County Commissioners, and the Clerk is directed to record this Resolution and this
Satisfaction of lien individually in the official records of Collier County:
Account No. 408
547
This Resolution adopted this _day of
second and majority vote.
, 2006, after motion,
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRANK HALAS, CHAIRMAN
Approved as to form and
legal sufficiency:
David C. Weigel
County Attorney
Agenda Item No. 16C6
April 25, 2006
Page 4 of 5
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No: 00071640004
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
FUSSELL, ROGER W=& BARBARA A
3203 WESTCLOX ST
IMMOKALEE FL 339340000
The Lien was recorded on the 14th day of September 1995, in Official Record
Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
Two Hundred Thirteen Dollars And Forty Four Cents ($213.44), plus accrued
interest and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida, described as follows:
314629 BEG NE COR RUN W 900FT, S 220FT FOR POB, S 220FT, W
100FT, N 220FT, E 100FT TO POB .5 AC OR 1270 PG 2066
Folio No.
Project No.
Account No,
00071640004
64000
408
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board this day of , 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
FRANK HALAS, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C6
April 25,2006
Page 5 of 5
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No: 00078400001
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
REYNA, RAYMOND=& JANIE
POBOX 275
IMMOKALEE FL 339340000
The Lien was recorded on the 14th day of September 1995, in Official Record
Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit
Court of Collier County, State of Florida. The Lien secures the principal sum of
One Hundred Six Dollars And Seventy Two Cents ($106.72), plus accrued
interest and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida, described as follows:
324629 E 165FT OF W495FT OF N 120FT OF S 554FT OF E1/2 OF
NE1/4 OF SW1/4, LESS RIW OR 865 PG 557
Folio No.
Project No.
Account No.
00078400001
64000
547
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board this day of , 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By
FRANK HALAS, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C7
April 25, 2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a
Solid Waste residential account wherein the County has received payment and said
Lien is satisfied in full for the 1995 Solid Waste Collection and Disposal Services
Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien.
OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for a residential
account where the County has received payment in full for the 1995 Solid Waste
Collection Services Special Assessment.
CONSIDERA TIONS: Resolution No, 2000-236 adopted by the Board on August 1, 2000
provided for the recording of the list of 1995 delinquent solid waste collection and disposal
services special assessment and a mailing of a written notice of the imposition of each
residential unit lien. Resolution No. 2000-236 was recorded on August 8, 2000 in Official
Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County,
Florida, which placed a lien on certain residential properties for the 1995 Solid Waste
Collection Services Special Assessment.
~
Collier County Ordinance No. 90-30, as amended, provides the Satisfaction of Lien shall
be approved by Resolution.
The attached Resolution lists the one account that has paid in full for the 1995 Solid
Waste Collection Services Special Assessment Lien.
FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the
Resolution is approximately $20.00, which is to be charged to County Water/Sewer
Operating Fund (408).
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated
with this item.
RECOMMENDATION: That the Board of County Commissioners adopt the attached
Resolution approving the one Satisfaction of Lien for the account listed in the Resolution
and authorizing the Chairman to sign the one Satisfaction of Lien for the 1995 Solid Waste
Collection Services Special Assessment Lien.
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service
---
Agenda Item No. 16C7
April 25, 2006
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16C7
Item Summary:
Recommendation to adopt a Resolution to approve the Satisfaction of Lien for a Solid Waste
residential account wherein the County has received payment and said Lien is satisfied in full
for the 1995 Solid Waste Collection and Disposal Services Special Assessment. Fiscal
impact is $20.00 to record the Satisfaction of Lien.
Meeting Date:
4/25/20069:00:00 AM
Prepared By
Pam Callis
Revenue Supervisor
Date
Public Utilities
UBCS
3/29/200612:56:03 PM
Approved By
Thomas Wides
Operations Director
Date
Public Utilities
Public Utilities Operations
4/6/2006 8:07 AM
Approved By
John A. Yonkosky
Utility Billing Director
Date
Public Utilities
uses
417/20064:03 PM
Approved By
Teresa Riesen
Revenue Manager
Date
Public Utilities
UBCS
4/7/20064:10 PM
Approved By
Pam Callis
Revenue Supervisor
Date
Public Utilities
UBCS
4/7/20064:15 PM
Approved By
Gwen Walker
Executive Secretary
Date
Public Utilities
Public Utilities Admin
4/13/20064:46 PM
Approved By
James W. DeLony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
4/13/20064:54 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/14/20068:40 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/14/2006 11 :35 AM
RESOLUTION NO. 2006-
Agenda Item No. 16C7
April 25, 2006
Page 3 of 4
A RESOLUTION APPROVING SATISFACTION OF LIENS FOR
CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995
SOLID WASTE COLLECTION AND DISPOSAL SERVICES
SPECIAL ASSESSMENTS
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the
Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-236
authorizing the recording of notices of liens for the delinquent solid waste collection and
disposal services special assessments for 1995; and
WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 in Official
Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County,
Florida, which placed a lien on certain properties for the delinquent solid waste collection
and disposal services special assessments for 1995; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board
to approve by Resolution and record in the Official Records a Satisfaction of Liens on all
accounts that have been paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County
Ordinance 90-30, as amended the Board recognizes full payment and receipt of the 1995
Service Year Solid Waste Collection and Disposal Special Assessment for the following
account numbered below, subsequent to the adoption of Resolution No. 2000-236,
whereupon a lien had been recorded on real property pertaining to the account identified
herein. The Satisfaction of Lien attached hereto referencing the account identified herein is
hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of
County Commissioners, and the Clerk is directed to record this Resolution and this
Satisfaction of Lien in the official records of Collier County:
Account No. 657
This Resolution adopted this _day of
second and majority vote.
, 2006, after motion,
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRANK HALAS, CHAIRMAN
Approved as to form and
legal sufficiency:
David C. Weigel
County Attorney
Agenda Item No. 16C7
April 25, 2006
Page 4 of 4
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No. 00078400001
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
REYNA, RAYMOND=& JANIE
PO BOX 275
IMMOKALEE FL 341430275
The Lien was recorded on the 8th day of August 2000, in Official Record Book
2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of One
Hundred Five Dollars and Eighty Nine Cents ($105.29), plus accrued interest
and penalties, if any, and imposes certain obligations against real property
situated in Collier County, Florida, described as follows:
324629 E 165FT OF W 495FT OF N 120FT OF S 554FT OF E1/2 OF
NE1/4 OF SW1/4, LESS R/W OR 865 PG 557
Folio No.
Project No.
Account No.
00078400001
65000
657
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman, directs execution and recording of this
Satisfaction of Lien, by action of the Board this _ day of , 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C8
April 25, 2006
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to adopt a Resolution to approve the Satisfactions of Lien for
Solid Waste residential accounts where.in the County has received payment and
said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal
Services Special Assessments. Fiscal impact is $50.00 to record the Satisfactions
of Lien.
OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential
accounts where the County has received payment in full for the 1996 Solid Waste
Collection Services Special Assessments.
CONSIDERATIONS: Resolution No. 2000-237 adopted by the Board on August 8, 2000
provided for the recording of the list of 1996 delinquent solid waste collection and disposal
services special assessments and a mailing of a written notice of the imposition of each
residential unit lien. Resolution No. 2000-237 was recorded on August 8, 2000 in Official
Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County,
Florida, which placed a lien on certain residential properties for the 1996 Solid Waste
Collection Services Special Assessments.
.-
Collier County Ordinance No. 90-30, as amended, provides that Satisfactions of Lien shall
be approved by Resolution.
The attached Resolution lists the four accounts that have been paid in full for the 1996
Solid Waste Collection Services Special Assessment Lien.
FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the
Resolution is approximately $50,00, which is to be charged to County Water/Sewer
Operating Fund (408).
GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated
with these items.
RECOMMENDATION: That the Board of County Commissioners adopt the attached
Resolution approving the four Satisfactions of Lien for the accounts listed in the
Resolution and authorizing the Chairman to sign the four Satisfactions of Lien for the 1996
Solid Waste Collection Services Special Assessment Lien.
PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service
~
Agenda Item No. 16C8
April 25, 2006
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16C8
Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste
residential accounts wherein the County has received payment and said Liens are satisfied in
full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal
impact is $50.00 to record the Satisfactions of Lien.
Meeting Date:
4/25/20069:00:00 AM
Prepared By
Pam Callis
Revenue Supervisor
Date
Public Utilities
UBCS
3/29/200612:52:25 PM
Approved By
Thomas Wi des
Operations Director
Date
Public Utilities
Public Utilities Operations
4/6/20068:06 AM
Approved By
John A. Yonkosky
Utility Billing Director
Date
Public Utilities
USCS
4/7/20064:04 PM
Approved By
Teresa Riesen
Revenue Manager
Date
Public Utilities
UBCS
4/7/2006 4:10PM
Approved By
Pam Callis
Revenue Supervisor
Date
Public Utilities
UBCS
4/7/20064:15 PM
Approved By
Gwen Walker
Executive Secretary
Date
Public Utilities
Public Utilities Admin
4/13/20064:45 PM
Approved By
James W. DeLony
Public Utilities Administrator
Date
Public Utilities
Public Utilities Administration
4/13/20064:47 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/14/2006 8:41 AM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4/14/200610:55 AM
RESOLUTION NO, 2006-
Agenda Item No. 16C8
April 25, 2006
Page 3 of 7
A RESOLUTION APPROVING SATISFACTION OF LIENS FOR
CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1996
SOLID WASTE COLLECTION AND DISPOSAL SERVICES
SPECIAL ASSESSMENTS
WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the
Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000-237
authorizing the recording of notices of liens for the delinquent solid waste collection and
disposal services special assessments for 1996; and
WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in Official
Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County,
Florida, which placed a lien on certain properties for the delinquent solid waste collection
and disposal services special assessments for 1996; and
WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board
to approve by Resolution and record in Official Records a Satisfaction of Liens on all
accounts that have been paid in full.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County
Ordinance No. 90-30, as amended the Board recognizes full payment and receipt of the
1996 Service Year Solid Waste Collection and Disposal Special Assessments for the
following account numbered below, subsequent to the adoption of Resolution No. 2000-
237, whereupon a lien had been recorded on real property pertaining to the accounts
identified herein. The Satisfactions of Lien attached hereto referencing the accounts
identified herein are hereby approved and the Chairman is hereby authorized to sign on
behalf of the Board of County Commissioners, and the Clerk is directed to record this
Resolution and these Satisfactions of Lien individually in the official records of Collier
County:
Account No. . 1258 7223 25056 30766
This Resolution adopted after this _day of
majority vote.
, 2006 after motion, second and
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRANK HALAS, CHAIRMAN
Approved as to form and
legal sufficiency:
David C. Weigel
County Attorney
Agenda Item No. 16C8
April 25, 2006
Page 4 of 7
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No. 00117720008
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
MINER, VIVIAN S
2517 LYNN LAKE CIR S
SAINT PETERSBURG FL 337126167
The Lien was recorded on the 8TH day of August 2000, in Official Record Book
2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of Two
Hundred Thirteen Dollars and Twenty Two Cents ($213.22) plus accrued
interest and penalties, if any, and imposes certain obligations against real
property situated in Collier County, Florida, described as follows:
34729 E 130FT OF N 240FT OF SW1/4 OF SE1/4 OF SW1/4 .72
AC OR 2031 PG 261
Folio No.
Project No.
Account No.
00117720008
66000
1258
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this
Satisfaction of Lien, by action of the Board this _ day of , 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS. CHAIRMAN
A TIEST:
DWIGHT E. BROCK, CLERK
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C8
April 25,2006
Page 5 of 7
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No. 33883360002
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
JACKSON TR, NEIL W
BETTY JEAN JACKSON TR
TAD 8-22-90
3501 GLADIOLUS DR
FORT MYERS FL 339070000
The Lien was recorded on the 8TH day of August 2000, in Official Record Book
2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of One
Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated
in Collier County, Florida, described as follows:
FOXFIRE #3, THAT PORTION TR 6 NKA VILLA 123 FOXFIRE
VILLAS II (HO) AS DESC IN OR 1194 PG 556
Folio No.
Project No.
Account No.
33883360002
66000
7223
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this
Satisfaction of Lien, by action of the Board this _ day of , 2006.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C8
April 25, 2006
Page 6 of 7
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No. 62265760000
SA TISF ACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
MORRIS, MICHAEL E
2371 6TH AVE SE
NAPLES FL 341174561
The Lien was recorded on the 8TH day of August 2000, in Official Record Book
2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of One
Hundred Four Dollars and Thirteen Cents ($104,13) plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated
in Collier County, Florida, described as follows:
NAPLES MANOR LAKES BLK 16 LOT 12 U/R AID
Folio No.
Project No.
Account No.
62265760000
66000
25056
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier COllnty, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this
Satisfaction of Lien, by action of the Board this _ day of , 2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
ATTEST:
DWIGHT E. BROCK, CLERK
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 16C8
April 25, 2006
Page 7 of 7
This instrument prepared by:
Robert Zachary
Assistant County Attorney
Office of the County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400
Property Folio No. 72180200004
SATISFACTION OF LIEN
KNOW ALL MEN BY THESE PRESENT That the BOARD OF COUNTY
COMMISSIONERS OF COLliER COUNTY, FLORIDA was the owner and holder of
a certain Lien against:
DILLINGHAM, C H
PO BOX 9192
NAPLES FL 341019192
The Lien was recorded on the 8TH day of August 2000, in Official Record Book
2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court
of Collier County, State of Florida. The Lien secures the principal sum of One
Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and
penalties, if any, and imposes certain obligations against real property situated
in Collier County, Florida, described as follows:
ST LAWRENCE PARK (CONDO) APT B1 OR 2038 PG 1782
Folio No.
Project No.
Account No.
72180200004
66000
30766
Collier County, a political subdivision of the State of Florida, hereby
acknowledges receipt of payment in full satisfaction of the Lien and hereby
cancels Lien.
The Clerk of the Circuit Court is hereby directed to record this Satisfaction of
Lien in the official Records of Collier County, Florida, to acknowledge that the
Lien ceases to exist.
IN WITNESS WHEREOF, the Board of County Commissioners of Collier County,
Florida, acting through its Chairman directs execution and recording of this
Satisfaction of Lien, by action of the Board this _ day of , 2006.
ATTEST
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLliER COUNTY, FLORIDA
By:
FRANK HALAS, CHAIRMAN
Approved as to form
and legal sufficiency
David C. Weigel
County Attorney
Agenda Item No. 1601
April 25, 2006
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to Adopt a Resolution to Approve a Revised Collier County Public
Library Fines and Fees Schedule
OBJECTIVE: To repeal and supersede Resolution No, 2000-244 that approved the current
Library Fines and Fees Schedule and adopt the attached Resolution to approve a revised (up-
dated) Library Fines and Fees Schedule.
CONSIDERATIONS: Library fines and fees have not been modified since August of2000. Prior
to the 2000 revisions, Fines and Fees were updated during FY 1995. Fees for Non-Resident
library cards have not been updated since the mid 1980s.
The Library Advisory Board recommends the following changes to the Library Fines and Fees
schedule:
The charge for non-resident cards is being increased to $10 per three-months from $6 per
three-months. The new recommended overdue fine for adult print materials is increased to 15
cents ($ 0,15) per item per day overdue, except a ] 0 cent ($0.] 0) per item per day overdue charge
for adult paperback books and a $1 per item per day overdue charge for Reference books. The
overdue fine for children's print and audiovisual materials remains at ]0 cents ($ 0.10) per item
per day overdue, except the Children's videocassettes and DVDs overdue fee, which remains at
$1 per item per day overdue,
,-
The maximum fine per overdue item is $5. The maximum fine for an individual library
customer is $10 before the customer's account is blocked. The overdue fine for adult audio and
CD-ROM materials is 15 cents ($0.15) per item per day overdue. The overdue charge for all
videocassettes and DVDs is $1 per item per day, The overdue fine for Juvenile Filmstrips is $1
per item per day overdue, There is a fee of 50 cents for each bill notice mailed via U.S. Mail for
lost library materials,
A one-day grace period is granted for all items, whereby any item returned one (1) day
late will not incur a fine, but if the item is returned two (2) days late, the overdue fine will be
assessed for both of the two (2) late days.
The Library Advisory Board has reviewed and recommends approval of the enclosed two
(2) page Fines and Fee Schedule for the Collier County Public Libraries.
FISCAL IMPACT: Approval of the revised Fines and Fees Schedule could increase Library
Fines and Fees in the current FY2006 General Fund Budget by about 3-5%, and increase Library
Fines and Fees in the FY2007 General Fund Budget by ] 0-] 5%. Anticipated revenue from
Library Fines and Fees is estimated to be $310,000 in FY 2007 General Fund Budget.
GROWTH MANAGEMENT IMPACT: None,
RECOMMENDATION: That the Board of County Commissioners adopt the attached Library
Board recommended Resolution to enact the revised Library Fines and Fees Schedule.
---
Prepared by: Marilyn Matthes, Library Director
Date: April 6, 2006
Agenda Item No. 16D1
April 25, 2006
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
1601
Item Summary:
Recommendation to Approve a Revised Collier County Public Library Fines and Fees
Schedule.
Meeting Date:
4/25/20069:00:00 AM
Prepared By
Marilyn Matthes Library Assistant Director Date
Public Services Library 4/5/20064:35:05 PM
Approved By
Marilyn Matthes Library Assistant Director Date
Public Services Library 4/6/200610:37 AM
Approved By
Marla Ramsey Public Services Administrator Date
Public Services Public Services Admin. 4/12/20065:17 PM
Approved By
OMB Coordinator Administrative Assistant Date
County Manager's Office Office of Management & Budget 4/13/20061:16 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 4/13/20061:28 PM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County
Commissioners County Manager's Office 4/13/20064:59 PM
Agenda Item No. 16D1
April 25, 2006
Page 3 of 5
RESOLliTION NO, 2006-
RESOLUTIO:\' OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, APPROVING A REVISED SCEHDULE FOR COLLIER COlJNTY
LIBRARY FINES AND FEES
WHEREAS, the Collier County Public Library Policies require Library fines and fees and
Collier County Ordinance No. 93-86 requires that the Library Advisory Board furnish budget
recommendations to the Board of County Commissioners ("BCC') for the forthcoming fiscal
year for the operation of the County's Library system, and that the Library Director prepare the
annual budget of the library system in accordance with recommendations of the Library Advisory
Board; and
WHEREAS, the Advisory Board has recommended that the BCC approve amendments to the
now existing Library Fines and Fees Schedule because that Schedule has not been substantially
changed during the past ten (10) years and needs to be up-dated.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COlJNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
I. The Fine and Fees Schedule, attached hereto, is approved. Some of the provisions are:
a. The maximum fine per item overdue is $5. A one-day grace period is granted for all
items whereby each item retumed only one (I) day late will not incur a fine, but if the
item is retumed two (2) days late, the overdue fine shall be assessed on both late
days.
b. For adult print materials the fine is 15 cents ($ 0.15) per item per day overdue, except
a 10 cent ($0.10) per item per day overdue charge for adult paperback books, and a
$1 per item per day overdue charge for Reference books.
c. The fine for children's print and audiovisual materials is 10 cents ($ 0.10) per item
per day overdue, except the fine is $1 per item per day overdue for Children's
videocassettes and DVDs.
d. The fine for adult audio and CD-ROM materials is 15 cents ($0.] 5) per item per day
overdue.
e. The fine for videocassettes and DVDs is $1 per item per day, and for Juvenile
Filmstrips is $1 per item per day overdue.
f. The fee is 50 cents ($0.50) for each bill notice sent via U.S. Mail for lost library
material.
g. The fee for a replacement or damaged library card is one dollar ($1.00); The fee for
replacement processing is two dollars and fifty cents ($2.50) per item.
h. The fee for a lost or damaged film borrowed from the State Library shall be between
one hundred twenty-five dollars ($125) and fifteen hundred dollars ($1,500), equal to
the actual cost to repair or replace the item as detern1ined by the State Library.
i. The fee for a photocopy or laser printer output is ten cents ($0.10) per page.
.1. The fee for a microfilm printout is twenty-five cents ($0.25) per page.
k. The fee to repair or replace damaged media boxes, bags, or book covers is one dollar
($1.00) per item.
1. The fee for non-resident library cards is ten dollars ($10.00) per quarter, twenty
dollars ($20.00) per six month, thirty dollars ($30.00) per nine months, and forty
dollars ($40.00) per year.
m. Service shall be denied to patrons owing ten donars ($10.00) or more in fines or fees.
2. This Resolution repeals Collier County Resolution No. 2000-244. The new Schedule,
attached hereto, shall be effective one day after the adoption date of this Resolution.
3. This Resolution adopted after motion, second and majority vote by the Board of County
Commissioners of Collier County, Florida, this day of ,2006.
ATTEST:
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA
DWIGHT E. BROCK, Clerk
By:
By:
FRANK HALAS, Chaim1an
Deputy Clerk
Approved as to form and legal sufficiency:
By:
Thoma~ C. Palmer, Assistant County Attomey
Agenda Item No. 16D1
April 25, 2006
Page 4 of 5
FINES AND FEES SCHEDULE
Collier County Public Library
Effective April 26, 2006
LOAN RULES AND FINES:
FINE
LOAN PER MAXIMIJM
ITEM PERIOD DAY FINE REPLACEMENT COST LIMIT RESERVE RENEW
Adult Books 3 weeks 15t $5.00 Actual or $20 default No limit Yes 1
Children's Books 3 weeks lOt $5.00 Actual or $20 default No limit Yes 1
Best Sellers & High I week 15t $5.00 Actual or $20 default No limit Yes 1
Demand
Readers Express 1 week 15t $5.00 Actual or $20 default No limit No No
Adult Paperback 3 weeks lOt $3.00 Actual or $3 default No limit Yes 1
Collection
Y A & Children's 3 weeks lOt $3.00 Actual or $3 default No limit Yes 1
Paperback Collection
Adult Audio Books 3 weeks 15~ $5.00 Actual or $10 default 6- 10 items Yes I
Adult CDs 1 week 15~ $5.00 Actual or $5 default 6- 10 items Yes 1
Adult CD-ROMs I week 15~ $5.00 Actual or $20 default 610 items Yes 1
Children's Audio 3 weeks lOt $5.00 Actual or $10 default 10 items Yes 1
Books
Children's CDs 3 weeks lOt $5.00 Actual or $10 default 10 items Yes 1
Children's CD-ROMs 3 weeks lOt $5.00 Actual or $10 default 10 items Yes I
VHSorDVD 3 days $1.00 $5.00 Actual or $20 default 6 videos Yes* 1
A. Feature Films, only-- Items over
Travel 1 year old
VHSorDVD 3 days $1.00 $5.00 Actual or $20 default FROM Yes I
B. Foreign,
Documentary
VHSorDVD 1 week $1.00 $5.00 Actual or $20 default A, H,ore Yes 1
C, Series, How to,
Instructional
Juvenile Filmstrips I week $1.00 $5.00 Actual or $35 default No limit Yes I
Adult Periodicals, 3 weeks 15t $3.00 Cover price 10 items No 1
Non-current (Select
locations only)
Y A & Children's 3 weeks 10~ $3.00 Cover price 10 items No I
Periodicals, non-
current
(Select locations
only)
Reference Materials Over $1 per $25 Actual or $20 default I item No No
(With special night hour
permission only)
Films: (Set by the Set by $1.00 $25.00 Actual Cost No limit Yes No
State Library) State
Agenda Item No. 1601
April 25, 2006
Page 5 of 5
FEES:
Bill for Lost Materials Sent via U.S. Mail $0,50 per bill
Laser Printer Output $0. I 0 per page
Lost/damaged Film Fee for State Library Films $125-$1,500 (Set by State Library)
Maximum Fine before Library Service is denied $10.00
Microfilm Printouts $0.25 per page
Non-Resident Library Card $10.00 per 3 months
$20.00 per 6 months
$30.00 per 9 months
$40.00 per 12 months
Photocopies $0.10 each
Repair and/or replacement of damaged media boxes, bags, or $1.00
book covers
Replacement cost oflost or damaged materials Retail cost or default listed under Fines
Replacement of a lost or damaged library card $1.00
Replacement Processing fee for lost or damaged items $2.50 per item
Approved as to fonn and legal sufficiency:
Thomas C, Palmer
Assistant County Attorney
Agenda Item No. 1602
April 25, 2006
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to accept donated funds in the amount of $4,600 and
approve a budget amendment recognizing revenue and appropriating
funds for Barefoot Beach Preserve
Obiective: To enhance beach park operations through private contributions.
Considerations: The Friends of Barefoot Beach Preserve, Inc. has donated $4,500 for
enhancement of operations and programming at Barefoot Beach Preserve. The
organization has asked that the funds be used toward the purchase of an A TV to be used
by personnel assigned to Barefoot Beach Preserve, to pay for transporting children to and
from the Preserve, and toward the purchase of a kayak to be used on the Preserve canoe
trai 1.
Staff has prepared a budget amendment that recognizes the donation as revenue and
appropriates it to the Beach and Water Operations fund center within the Parks and
Recreation budget.
Fiscal Impact: Approving this budget amendment will increase the Parks and
Recreation Department Beach and Water Operations FY06 budget by $4,500,00.
..--.
Growth ManaQement Impact: No growth management impact is associated with this
action.
Recommendation: That the Collier County Board of County Commissioners accepts
the donated funds and approves the necessary budget amendment.
Prepared by: Amanda O. Townsend, Operations Analyst, Parks and Recreation
Department
---
Agenda Item No 1602
April 25, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D2
Meeting Date:
Recommendation to accept donated funds in the amount of $4.500 and approve a budget
amendment recognizing revenue and appropriating funds for Barefoot Beach Preserve.
4/25/20069:00:00 AM
Approved By
Kathy Carpenter
Executive Secretary
Date
Public Services
Public Services Admin.
4/7/200610:26 AM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
4/11/2006 1 :31 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/11/20062:15 PM
Approved By
Sherry Pryor
Management & Budgot Analyst
Date
County Manager's Office
Office of Management & Budget
4/13/20068:14 AM
Approved By
Michael Smyl,owski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/13/20061:15 PM
Approved By
Leo E. Ochs. Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4/13/20063:30 PM
Agenda Item No. 1602
April 25, 2006
Page 3 of 3
~;Y;;f'JI(tJ r/f!ij-;"I~~('1 @3-;or-A ~~~jf'/~{'(-'
/l tJ. /,1:1_\' 5/).)
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April 5, 2006
To Whom It May Concern;
The Board of Directors of the Friends of Barefoot Beach Preserve Have
voted to make the following contributions on behalf of Barefoot Beach
County Park.
1. $3,000.00 toward the purchase of an ATV 10 be used by park
personnel assigned to Barefoot.
2. $1,000.00 to be used to transport children to andfrom Barefoot Beach
Park.
3. $500.00 toward the purchase of a kayak for the Barefoot Beach Canoe
Trail.
I-/~}dcl f ~v
Harold D. Saylor, President
Friends of Barefoot Beach Preserve, Inc.
l'--..i.....;i_o;~_.__j"""".W,"li<}ilI<i_,~"OIii<,"_~.,.,';".;,,-~". ,""-",.;.,,,
Agenda Item No. 1603
April 25, 2006
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to authorize purchase of park maintenance equipment
for North Collier Regional Park in the amount of $232,632.06 from Westco
Turf, Inc.
Obiective: To provide safe and aesthetically maintained athletic fields and common
areas throughout North Collier Regional Park.
Considerations: Many distinctive pieces of maintenance equipment need to complete
everyday athletic field and landscape/common area maintenance at North Collier
Regional Park.
The folIowing items \vill be purchased from Westco Turf, Inc, under State Contract #515-
630-03-1 :
Item Unit Cost Quantity Total Cost
Toro Z 60 $7,625.00 1 $7,625.00
Taro Z 72 $8,099.00 2 $16,198,00
Workman 1100 $6,759.00 3 $20,277,00
Sand Pro Multi 5040 $21,000.00 1 $21,000,00
Sand Pro Mid $12,000.00 1 $12,000,00
Toro Topdresser $8,760.98 1 $8,760,98
Toro Line Painter $3,615.00 2 $7,230.00
Toro Aerator Closed Blade 686 $5,976.04 1 $5,976.04
Toro Aerator Slicing Blade 686 $5,976.04 I $5,976.04
Workman 3100- D $23,000.00 1 $23,000.00
Groundsmaster 35050 $24,094.57 1 $24,094,57
Reelmaster 3 100-D $23,460.20 1 $23,460,20
Reelmaster 5500-0 $36,928.00 1 $36,928.00
Taro Sprayer 1200 $20,106.23 1 $20,106,23
Total Purchase $232,632.06
Fiscal Impact: The necessary funds are available in the Regional Park Impact Fees
Fund (346), NOlih Naples Regional Park Project (80602).
To date the Direct Materials Purchase program has returned $918,844.24 in tax savings to
the project. These funds have been committed as follows:
-
Furniture
Fitness Equipment
Communications Services
Change Order #20
$273,825.85
$3 I 5,878.14
$107,796.44
$158.816.58
Agenda Item No. 1603
April 25, 2006
Page 2 of 3
Total
$856,317.01
Savings to Date
Total Committed to Date
Remaining
$918,844.24
$856,317,01
$ 62,527.23
Because the project is nearly complete, no additional savings will be gamered via the
Direct Materials Purchase program. The remaining $62,527.23 in tax savings will be used
to fund this purchase. The balance of this purchase will be funded through budgeted
monies within the project.
Growth Manaaement Impact: North Collier Regional Park ]s inventoried in the
Growth Management Plan.
Recommendation: That the Board of County Commissioners authorizes purchase of
park maintenance equipment for North Collier Regional Park in the amount of
$232,632,06 from Westco Turf, Inc.
Prepared by: Amanda O. Townsend, Operations Analyst, Parks and Recreation
Department
--
Agenda Item No. 1603
April 25, 2006
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16D3
Meeting Date:
Recommendation to authorize purchase of park maintenance equipment for North Collier
Regional Park in the amount of $232,632.06 from Westco Turf. Inc.
4/25/20069:00:00 AM
Item Summary:
Approved By
Kathy Carpenter
Executive Secretary
Date
Public Services
Public Services Admin.
4/10/200612:18 PM
Approved By
Scott Johnson
Purchasing Agent
Date
Administrative Services
Purchasing
4/11/20069:16 AM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
4/11/200610:58 AM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
4/12/20062:30 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/13/20061:18 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4114/20065:00 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4114/20065:12 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4/14/20065:15 PM
Agenda Item No. 16D4
April 25, 2006
Page 1 of 8
EXECUTIVE SUMMARY
Recommendation to approve Addendum I to a Transportation Agreement
for Nonprofit Organization Transporting School-Age Children
Obiective: To obtain cost-effective and reliable transportation services for recreation
program participants.
Considerations: For the past eighteen years Collier County has entered into a
transportation agreement with the District School Board of Collier County for the
transportation of participants of recreation programs, particularly summer camp. Campers
are typically taken from their base camp locations to educational and recreation
attractions throughout the area. Most campers go on at least two field trips each week.
Fourteen hundred children were enrolled in Parks Department summer camps in 2005.
The School Board is the only provider that can meet the transportation needs of the Parks
Department summer camp program in a safe, reliable, and cost-effective manner.
,"-'.
The Board of County Commissioners approved the current agreement at its regularly
scheduled meeting of May 24, 2005 (Item 16D 1). Under the current agreement, which is
effective until April 30, 2006, the Parks Department uses the services of School Board
transportation under the provisions of Option A of the Agreement, wherein the School
Board will provide buses and drivers at a rate of $21.75 per hour plus $2,10 per mile,
School Board staff has agreed to extend these terms through August 31, 2006,
Staff has prepared an Addendum I to extend the term of the agreement, and the County
Attorney's office has approved it as to fonn and legal sufficiency. The Addendum I will
be approved by the School Board at its regularly scheduled April 20, 2006 meeting.
Fiscal Impact: Funds are budgeted in association with each camp location within FY
06 MSTD General Fund (111) Naples and Immokalee Parks and Golden Gate
Community Center Fund (130). Total expense associated with this action is estimated at
$70,000. Revenue in the form of summer camp program participant fees is budgeted to
recover the expense.
Growth Manaaement Impact: No Growth Management Impact is associated with
this action,
Recommendation: That the Board of County Commissioners approves Addendum I to
a Transportation Agreement for Nonprofit Organization Transporting School-Age
Children and authorizes the chairman to sign.
Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation
.-.
Agenda Item No. 1604
April 25, 2006
Page 2 of 8
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16D4
Meeting Date:
Recommendation to approve Addendum I to a Transportation Agreement for Nonprofit
Organization Transporting School-Age Children.
4/25/20069:00:00 AM
Item Summary:
Approved By
Kathy Carpenter Executive Secretary Date
Public Services Public Services Admin. 4/10/200612:20 PM
Approved By
Marla Ramsey Public Services Administrator Date
Public Services Public Services Admin. 4/11/2006 11 :18 AM
Approved By
Sherry Pryor Management & Budget Analyst Date
County Manager's Office Office of Management & Budget 4112/20068:33 AM
Approved By
OMB Coordinator Administrative Assistant Date
County Manager's Office Office of Management & Budget 4113/20062:04 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 4/13/20062:05 PM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County
Commissioners County Manager's Office 4/13/20063:33 PM
63/28/2666 le:66
23977484"8
MINUTES AND RECORDS
Agenda Item N6.~4 61
April 25, 2006
1 PaQe 3 of 8
bDl '~
TRANSPORTATION AGREEMENT
FOR
NONPROm ORGANIZATION
TRANSPORTING SCHOOL-AGE CHILDREN
THIS 1 REBMENT made and entered into on the dates indicated following the
I S of the parties, by and between the SCHOOL DISTRICT OF COLLIER
, FLORIDA ("District") and the COLLIER COUNTY PARKS AND
, nON DEPARTMENT ("Oepartment"),
VfHE '. :AS, Chapter 1006 oftbe Florida Statutes authorizes local school districts to entet
into ardement with nonprofit corporations and nonprofit civic associations and 8fOups
for thet~sportation ofschool2lge children for activities sponsored by these
organU:-Mtions. and
i I
WH;J;' . ' AS, the Department is a nonprofit corporation, and
W . .. , the District desires to assist the Department in providing transportation to
rOho.of ,ge children for activities sponsored by the organization, and
WHE~AS, this Agreement contemplates three (3) use options with concomitant
rcimbfjement from the Department to the District,
IT IS f1'kEREFORE AGREED:
i I
at the District shall provide buses, drivers or ESE attendants in accordance with
provided hemn for purposes of this agreement. For purposes of this
agre nt, operated mile is defined as eVelj1 mile driven ior each bus operated in support
oftb~ eparunent's program, whether with passengers or not. and to include necessary
trips ~..I. and from a School District Transportation Department facility. Mileage will be
reeor~d and billed by the District.
I !
2. I' Transportation Options Offered:
J i
I IOJJti~ (Al BU$.ll.nd Driver
Department shall reimbune the District for each vehicle with driver at the rate of
$21. 75 per hour and $2.10 per operated mile for each bus and driver plus a $15.00
fee for cleaning and maintenance,
Deperanent will be billed a minimum of two hours plus mileage for each vehicle
and driver.
I
63/28/2666 16:a6
2397748468
MINUTES AND RECORDS
PAGE 62
Agenda Item No. 1604
1611~f~~~
I ;
~tiOJl eQl - Bus. Driver and ESE Attendaat
~.. cpartment shall reimburse the District at the rate of537.oo per hour and $2.10
~ ,operated ma. fOr each vehlelc with driver one! alle.donl plus a S 15.00 fee ror
eaning and maintenance.
!
--
:'epa.:nment shall be billed 8 minimum of two hours plus mileage for each vehicle
itth dri.... one! ESE attendant.
~puootC~ Bus Onl):
~eparunent sball reimburse the District at the tate of $2.1 0 per operated mile for
iaeh bus.
l
t" a.c:h bus shall be returned to the Transportation Department of the District at the
d of each operanna day.
... . Deportm.nt ..111 be .......d SI5.00 cleaning fee ro, ...., bus cbochd bock
ifit is not cleaned.
j
I f>e:pertment provided drivers shall be properly licensed and approved as school
t>lJS drivers by the Transportation Department of the District.
3./ h.e Department apes that all requests for use of buses and/or drivers and/or
ESI attendants will be made at least two weeks prior to the: date requested. All
set'Jice is contingent upon bus and/or driver and/or ESE attendant availability.
4.1 ! The Department agrees that in the event ofa cancellation, the District will be
gi~n at least 24 bours advance notice. In the event that notice of cancellation issued
tji the Dutrict is less than 24 hours, a 2 hO\lr oharge per vehicle will be due and
p ~blc to the District
S, [ Payment (or services rendered or due shan be assessed by the District by the
1 r- of each month and paid the Department by the 30tll of each month.
I
61~iBac h party agrees to indemnify, defend and hold hannIess the other, its officers,
b~ members, agents and employees from and against any and aU fines. suits,
c tnS, demands. penalties, liabilities, costs or expenses, losses, settlements.
j gmentB and awards and actions of whatever kind or na~ including attorney's
f" and costs (and costs and fees on appeal), and damages (including, but not limited
tJ.,fRctua1 and consequential damages) arising from any n~8lilent. willful or wrongful
~ond uet, knowing miSlepresentation or breach of this agreement by such party. its
q1I.eers, board membet:s, agents or employees. This paragraph shaU not be construed
ib..my way to alter the State's waiver of sovereign immWlity or extend the parties'
U.ability beyond the limits established in Section 768.28, Florida Statutes.
.. I
II
f .
I
I
I
i
2
..-;-., ....-.,.'.,.. .. .,,---.'-'"
83/28/2ae6 1~:66
2397748468
MINUTES AND RECORDS
Agenda Item rt~%D!3
April 25, 2006
i I 16cir5~f8
7. ~t: Department agrees that at all times material to this Agreement, it shaU
pr~' liability insurance coverage in the minimum. amounts ofSlOO.OOO.OO on any
d' or judgments and $200.000.00 an all claims andjudgments arising from the
S~4 incident or occurrence. The Department shall, at the request of tile School
Bomft. plUent proof of such insurance to the School Board.
J
j
8. I..,t. DeplU1ment agrees that there shall be no fee charged to passengers on the
buJ"r
I !
9. : ' ach Department entering into a Transportation Agreement with Collier County
Putil c Schools under Option C shall comply fully with the Omnibus Transportation
~ oyee testing Act of 1991. The Act requit'C5 persons wbo are operators of
co . ercial motor vehicles, including school bus drivers, and who are subject to the
re 'cements ofa Commercial driver license (CDL), be tested for drugs and alcohol
in ~f'Pli.ance with the Act. The Department may utilize the sc:hool district's
&PJt. vcd testing lab end the Department shalt pay the COSts for each person tested by
the! 'boratory,
101 'Toe use ofvebicles by the Department shaH at aU times be subject to rules
adI)'led by the District,
i ~.'; The Agreement shall commence on the date first above written and remain in
e ~ltthroUgh~,~,2012fa.
121 I This Agreemcot represents the entire Agreement between the parties and may
nOffe amended except by written instnunent signed by all parties hereto.
13~ I All terms and provisions of this Apemen t shall be binding upon, inure to the
b#fit o( and be enforceable by the parties and their legal representatives, successors
antl1assigns.
n; WITNESS WHEREOF, the parties have executed this Agreement on the day and
y~ first above written,
I !
i ;
I
Aktbc
I: Rsym n
I '
I
SCHOOL DISTRICT OF COLLIER
COm-.~R1DA
,/ I ~
,{ ~
By' ~~"'. ..
~c:a.rrOll.nainnan
Date~ -/,/-/:' '5-
3
I:
03/28/2e86 le:0G
23977484es
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f',;~ : : .~< ..,.....'~~\
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,
d nn &. legal sufficiency
-------;
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,I
MINUTES AND RECORDS
Agenda Item Nt~~DP4
April 25, 2006
160i6;a
BOARD OF COUNTY
COMMISSIONERS. COLLIER
COUNTY. FLORIDA ~
By: ~W.
Title:
Date:~ .Z!ll Z~
Item' liP 0 \
~~
=d5'~"fb
4
Agenda Item No. 16D4
April 25, 2006
Page 7 of 8
ADDENDUM I TO
TRANSPORT A TION AGREEMENT
FOR
NONPROFIT ORGANIZATION
TRANSPORTING SCHOOL-AGE CHILDREN
This Addendum I is entered into by and between the SCHOOL DISTRICT OF COLLIER
COUNTY, FLORIDA ("District") and the COLLIER COUNTY PARKS AND
RECREATION DEPARTMENT ("Department") this _ day of ,2006.
WHEREAS, the parties hereto entered into Transportation Agreement which sets forth
the fees and conditions under which the District will provide transportation services to
the Department for school-age children, and
WHEREAS, the initial term of the Transportation Agreement expires April 30, 2006, and
WHEREAS, the parties hereto desire to extend the term of the Transportation
Agreement;
NOW THEREFORE, the District and the Department mutually agree as follows:
1. The Transportation Agreement by and between the District and the Department is
hereby extended until August 31, 2006.
This Addendum I and the Transportation Agreement embody the entire agreement
between the parties. All other terms and conditions not specifically referenced in this
agreements remain the same and unchanged.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year first written above.
10f2
SCHOOL DISTRICT OF COLLIER
COUNTY
By:
Chairman
Date:
Attest:
Raymond J. Baker,
Superintendent
Agenda Item No. 16D4
April 25, 2006
Page 8 of 8
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Chairman
Date:
Attest:
Dwight E. Brock,
Clerk of Courts
Approved as to form & legal sufficiency
~ r ...-------;
Assistant C01.lhty Attorney
School Board Attorney
20f2
Agenda Item No. 1605
April 25, 2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to authorize purchase of hardware and software in the
amount of $75,940 from Active Network for North Collier Regional Park
Obiective: To ensure the efficiency and effectiveness of Parks and Recreation
operations by maintaining continuity among its automated registration, reservation, and
accounting systems.
Considerations: On November 18, 2003 the Board of County Commissioners awarded
a contract for RFP 03-3463 "Parks and Recreation Management Software" to Class
Software Solutions in the amount of $72,337.50 (Agenda Item 1602). Class Software
Solutions has since been purchased by Active Network,
The opening of North Collier Regional Park necessitates expanding the network of point-
of-sale and membership stations that serve to automate Parks and Recreation financial
operations. Active Network has provided a quote in the amount of $75,940 to provide
hardware and software to meet this need,
Fiscal Impact: The necessary funds are available in the Regional Park Impact Fees
Fund (346), North Collier Regional Park Project (80602).
Growth Manaaement Impact: North Collier Regional Park IS inventoried in the
Collier County Growth Management Plan.
Recommendation: That the Board of County Commissioners authorizes purchase of
hardware and software in the amount of $75,940 from Active Network for North Collier
Regional Park.
Prepared by: Amanda Townsend, Operations Analyst, Parks and Recreation
...'-.....
Agenda Item No. 16D5
April 25, 2006
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16D5
Meeting Date:
Recommendation to authorize purchase of hardware and software in the amount of $75.940
from Active Network for North Collier Regional Park
4/25/20069:00:00 AM
Item Summary:
Approved By
Kathy Carpenter
Executive Secretary
Date
Public Services
Public Services Admin.
4/10/20065:01 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
4/11/2006 1 :32 PM
Approved By
Linda Best
Contracts Agent
Date
Administrative Services
Purchasing
4/12/20062:45 PM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
4/12/20063:06 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/13/20061:19 PM
Approved By
Susan Usher
Senior ManagementlBudget Analyst
Date
County Manager's Office
Office of Management & Budget
4/14/2006 5:04 PM
Approved By
MichaE!l Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/14/2006 5:13 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4/14/20065:16 PM
Agenda Item No. 16D5
April 25, 2006
Page 3 of 4
acfiveNETWDBK
Quoted by:
Date:
Quote Expiration:
Quote Number:
Michelle Wymer
04/12/2006
07/11/2006
55439
Pricing/Estimate Form
Ray Carter
Collier County Parks & Recreation
3301 E. Tamiami Trail
Naples, FL 34112
Phone:
Fax:
Email:
Reference Id:
Purchase Order:
2397750949
2392531753
807/99284
Software
No, Of License
Licenses Cost
Total
License
Cost
Maint. Fee Service
Hrs.
WORKSTATION-BASED, CORE MODULES
Memberships 1
Point of Sale 10
$1,750
$2,250
$1,750 Separate Proposal
$22,500 Separate Proposal
16
24
Total Software
Total Annual Maintenance Cost
$ 24,250.00
Separate Proposal
Services Qty, Unit Extended
Price Price
Senior Consulting 24 $190 $ 4,560,00
Total Services $ 4,560.00
3rd Party HW/SW Qty. Unit Extended
Price Price
Membership Hardware
Zebra P310i Printer, no magstripe, USB 1 $2,098 $ 2,098,00
and Parallel Int
Logitech Quickcam Pro 5000 1 $101 $ 101.00
Metrologic Orbit Omni-Directional Scanner 1 $345 $ 345.00
(cable inluded)
Point of Sale Hardware
APG Locking Till Cover for American Till 6 $33 $ 198,00
APG Series 4000 Cash Drawer, Black, 6 $172 $ 1,032.00
(cable included)
MagTek Credit Card Reader - USB, Tracks 6 $71 $ 426.00
1 & 2
IBM External USB CD/DVD-ROM 6 $380 $ 2,280.00
IBM SurePOS563/keyboard, printer, 6 $4,820 $ 28/920.00
Agenda Item No. 1605
April 25, 2006
Page 4 of 4
customer display included
Ithaca 93 Printer w/autocut, parallel (cable
included)
PARTNERTECH Pole Display
3M Microtouch 17in LCD w/ Capacitive
Screen, Serial
6 $875 $ 5,250.00
6 $215 $ 1,290.00
6 $865 $ 5,190.00
Total 3rd Party HW/SW
$ 47,130.00
Quote Summary
Total Software Cost
Total Maintenance Cost
Total Services Cost
Total 3rd Party Hardware/Software Cost
Grand Total:
$ 24,250.00
Separate Proposal
$ 4,560.00
$ 47,130,00
$ 75,940.00
Please Note
. Sales taxes, where applicable, are not included and prices are in the currency of the country of
installation (subject to change without notice).
. Hardware, operating system, 3rd party software and site preparation are not included unless
otherwise noted.
. Annual software maintenance is 25% of prevailing list (min. $1500/yr)
. Maintenance Accreditation and Internet Discounts, as well as Extended Support options are available
and outlined in the Software Services Agreement
. Pre-Project planning and Documentation fees are $1,000 per day for off-site services.
. On-site Implementation and Training Services are $1,200 per day exclusive of airfare, five (5)
participants per class. Additional participants $100 each to a maximum of ten (10).
. On-site Professional Services are $1,520 per day exclusive of airfare.
. On-site Technical Services are $1,760 per day exclusive of airfare.
. A dedicated database server, as well as a Windows server is highly recommended for each of the
IVR and Internet (plus MS lIS) modules.
. Class ships on CD ROM or DVD (version dependant).
. A full set of manuals is provided on the CD/DVD provided with each system.
. Internet Services require database access components, priced separately by database.
For existing customers, this quote may be executed by purchase order, however the most recent enforceable
Agreement will contain the only commercial terms applicable to such transaction despite such purchase or
other order stating otherwise.
Agenda Item No, 16D6
April 25,2006
Page 1 of 4
,-
EXECUTIVE SUMMARY
Recommendation to award Contract No. 05-3842, Design and Related
Services for Goodland Boating Park, at a cost of $500,000 to Johnson
Engineering
Obiective: To expand the boating access network through development of the five-acre
parcel in Goodland formerly known as the Palm Point property.
Considerations: On February 24, 2004 the Board of County Commissioners approved
the scope of work for the development of Goodland Boating Park (Agenda Item 10D),
On March 22, 2005 the Board approved a conditional use permit with stipulations for the
park (Agenda Item 7 A).
RFP No. 05-3842, Design and Related Services for Goodland Boating Park, was posted
on June 3, 2005. An invitation to propose was sent to 159 vendors, with 27 vendors
requesting a full package. Three submittals were received, The selection committee met
on July 20,2005 and short-listed the fim1s as follows:
1. Wilson Miller
2. Hole Montes
3. Johnson Engineering
Staff commenced negotiations with Wilson Miller on August 1, 2005, Negotiations
continued for several months, and on January 23, 2006 Wilson Miller respectfully
declined to continue with the negotiations as they could not meet the project budget as set
forth by Parks and Recreation,
On January 23, 2006, staff contacted the number two firm, Hole Montes, to begin
negotiations but was advised on January 26, 2006 that Hole Montes' current work
schedule could not accommodate this project.
On January 26, 2006 the number three firm, Johnson Engineering, was contacted, and
negotiations commenced. On February 28, 2006, Johnson Engineering submitted a cost
proposal that was within the project budget, and negotiations were completed on March
24, 2006.
Additional expenses such as for design of channel dredging and marking and side scan
sonar are currently unidentifiable but may be incurred if these activities are required by
outside permitting agencies,
Fiscal Impact: Funds are available within the Goodland Boat Ramp project (80611),
Source of funds is Community and Regional Park Impact Fees (346) and Boater
Improvement Funds (306).
.--
Agenda Item No. 1606
April 25, 2006
Page 2 of 4
Growth Manaaement Impact: The property is inventoried in the Growth
Management Plan. The proposed development of the property is consistent with
Recreation and Open Space Element Policy 1.3.2, "continue to ensure that access to
beaches, shores, and waterways remains available to the public."
Recommendation: That the Board of County Commissioners awards Contract No. 05-
3842, Design and Related Services for Goodland Boating Park, at a cost of $500,000 to
Johnson Engineering and authorizes the chainnan to sign the standard county-approved
contract.
Prepared by: Amanda O. Townsend, Operations Analyst, Parks and Recreation
-
Agenda Item No. 16D6
April 25, 2006
Page 3 of 4
COLLIER COU.NTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
1606
Meeting Date:
Recommendation to award Contract No. 05-3842, Design and Related Services for
Goodland Boating Park, at a cost of $500,000 to Johnson Engineering.
4/25/20069:00:00 AM
Approved By
Kathy Carpenter Executive Secretary Date
Public Services Public Services Admin. 4/11/200610:59 AM
Approved By
Marla Ramsey Public Services Administrator Date
Public Services Public Services Admin. 4/11/200611 :24 AM
Approved By
Linda Best Contracts Agent Date
Administrative Services Purchasing 4/11/2006 12:53 PM
Approved By
Steve Carnell Purchasing/General Svcs Director Date
Administrative Services Purchasing 4/12/20062:35 PM
Approved By
OMB Coordinator Administrative Assistant Date
County Manager's Office Office of Management & Budget 4/13/2006 1 :26 PM
Approved By
Susan Usher Senior Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 4/14120065:10 PM
Approved By
Michael Smykowski Management & Budget Director Date
County Manager's Office Office of Management & Budget 4/17/20069:04 AM
Approved By
Leo E. Ochs. Jr. Deputy County Manager Date
Board of County
Commissioners County Manager's Office 4/17/20069:45 AM
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Agenda Item No. 1607
April 25, 2006
Page 1 of 14
EXECUTIVE SUMMARY
Recommendation to approve Change Order No.2 in the amount of $14,100
for re-bidding and additional permitting for Eagle Lakes Community Park
Phase II, Work Order No. WMBP-FT -03-09
Obiective: To complete planned Phase II improvements to Eagle Lakes Community
Park in the most efficient and cost effective manner possible.
Considerations: On May 23, 2003 the Parks and Recreation Department awarded
Work Order No. WMBP-FT-03-09 in the amount of $88,650 to WilsonMiller Inc. for
design consultant services for Eagle Lakes Community Park Phase II improvements.
Staff has since approved Change Order No. 1 to this work order to increase the time
required to complete the job.
At its July 27, 2005 meeting, the Board of County Commissioners rejected Bid No. 05-
3824 for Phase II Improvements to Eagle Lakes Community Park, due to the fact that the
sole bid received far exceeded budgeted funds for the project (Item 10K). Staff proposed
to revise the scope of work of the project and either reissue invitations to bid or use
vendors on continuing contract to accomplish the most pressing elements of Phase II
within budgetary constraints.
Following that proposed course of action, Bid No. 05-3878 Eagle Lakes Community Park
Phase II "Interactive Water Feature" was awarded to Bradanna, Inc., Bid No. 05-3893
"Eagle Lakes Phase II Improvements-Construction of Pavilion and Tennis Courts" to
Welch Tennis Courts, Inc., and Bid No. 05-3893 "Eagle Lakes Phase II Improvements-
Construction of Storage Building" to Sand Stone Builders, All other elements of the
project have been completed or are underway using vendors on annual contract.
The re-bidding and additional permitting that resulted from breaking the project up into
multiple construction phases has resulted in unanticipated effort on the part of
WilsonMiller, Inc, in perfonnance of its design consultant services. Change Order No.2
to Work Order No. WMBP-FT-03-09 totals $14,100. County purchasing policy requires
that any change order amount over 10% of the original contract be approved by the Board
of County Commissioners.
The Interactive Water Feature portion of the project is scheduled to open to the public in
May 2006. All components of Phase II Improvements will be completed by September
2006, contingent upon completion of the joint Transportation/UtilitieslParks and
Recreation Pond 3 pathway paving project.
Fiscal Impact: Funds are available within the Eagle Lakes Community Park Phase II
Improvements Project (80014) in the Unincorporated Community and Regional Park
Impact Fee Fund (346).
,-
Agenda Item No. 1607
April 25, 2006
Page 2 of 14
Growth Manaaement Impact: The value of the improved facility will be inventoried
in the Growth Management Plan.
Recommendation: That the Board of County Commissioners approve Change Order
No.2 in the amount of $14,100 for re-bidding and additional permitting for Eagle Lakes
Community Park Phase II, Work Order No. WMBP-FT -03-09.
Prepared by: Amanda O. Townsend, Operations Analyst, Parks and Recreation
-
Agenda Item No. 16D7
April 25, 2006
Page 3 of 14
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16D7
Recommendation to approve Change Order NO.2 in the amount of $14,100 for re-bidding
and additional permitting for Eagle Lakes Community Park Phase II, Work Order No. WMBP-
FT-03-09.
4/25/2006 9:00:00 AM
Item Number:
Item Summary:
Approved By
Linda Best
Contracts Age nt
Date
Administrative Services
Purchasing
4/11/20065:03 PM
Approved By
Kathy Carpenter
Executive Secretary
Date
Public Services
Public Services Admin.
4/12/20068:41 AM
Approved By
Marla Ramsey
Public Services Administrator
Oate
Public Services
Public Services Admin.
4/12/20065:16 PM
Approved By
Steve Carnell
Purchasing/General Svcs Oirector
Date
Administrative Services
Purchasing
4/13/20069:58 AM
Approved By
OMS Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/13/2006 1 :28 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/15/20062:57 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/17/2006 8:35 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/17/20069:47 AM
Date: Monday, April 03, 2006
- -----------J>.gendaJteml-Jo_..16DL___,
. . Aoril 25, 2006 ~
E-Mailed To Bonnie: Monday, Apnl 03, 20~ge 4 of 14 !
I
i
i
TIDS ITEM WILL REQUIRE Bee APPROVAL, log on the Finance Log only.
Project Name: Eagle Lakes Phase II
Project Number: 80014
BIDIRFP #:
01-3290
Mod#:
PO#:
4500011414
Work Order Number: WMBP-FT-03-09
Contractor/Consultant: Wilson Miller, Inc.
Original Contract Amount: $ 88.650.00
(Starting Point)
Current BCC Approved Amount:
$ 88.650.00
(Last Total Amount Approved by the BCC)
Current Contract Amount:
$ 88.650.00
(Including All Changes Prior To This Modification)
Change Amount:
$ 14.100.00
Revised ContractIWork Order Amount: $ 102.750.00
(Including This Change Order)
Cumulative Dollar Value of Changes to this ContracVW ork Order: S 14,100,00
Percentage Of The Change OverfUnder Current Contract Amount:
15.91
%
OvelView of change: To provide for increased design selVices which were unanticipated, however, due to Owner's request to
break out the pro'eet int~ul~tipJ~ c:pnslruction phases. re-bidding and ~~ition~l permitting requircmenl<; were required.
//. . '- ~0 J
Contract Spe~ /' J/"L- <' Date:, - ,_) C-lb
nda t. ~, 'son BeSl
, ia
Scanned Date:
Data Entry Information:
Type of Change:
Project Manager:
Department:
Work Order
Clint Perryman
Parks and Recreation
Type, Circle One Below:
3. Quantity Adjustments
4. Correction of Errors
5. Value Added
6, Schedule Adjustments
Revised 7/1l/0S
CONTRACT/WORK ORDER MODIFICATION Agenda Item No. 16D7
April 25,2006
CHECKLIST FORM Page 5 of 14
-Jo..Ecr NAME: p.A61Lli-:- ~S ~e-;Jl:' PROJECT #: dJoo ,A
'.A ..,~O,... ~l t2..D ~ ~ oQ
BIDlRFP #:()I/~() MOD #:....J- pO#: ,,"{l1{ WORK ORDER#: V"I M Vl, ,....o~- I
DEPARTMENT~5 ~ ~.
Revised Contract/Work Order Amount:
$ (~~2~' tJD
$-(!!t~~bytb'BCCJ
$ ea. 060.00
(1ncIUrli'f All """"'" Prim To Tbb Modifioatioo)
$ IGf ~ tW. 00
$--1 ~i 1t60~ OV
(lncluding ~s Change Order)
. ,,.,
l':l ,I Di.r-
Original Contract Amount:
Current BeC Approved Amount:
Current Contract Amount:
Ch~nge Amount:
Cumulative Dollar Value or Changes to this tontract!Work Order: $_
Date of Last Bee Approval t!I S . "'l-:!> .. O? Agenda Item #
_, Percentage of the change over/under current contract amount_ lo, q I %
Formula: (Current Amount I Last BCC approved amount}-1
Results and Actions: If the change exceeds 1 (lOA, BCC approval is required; under 10% reported to BCe on
Purchasing report. For specific information regarding work order thresholds, please refer to the Contract
Administration Procedures, Section III.C.4,
CURRENT COMPLETION DATE (S):ORIGINAL: (L. ,f. as CURRENT: ('l-" to .Of;:,
S MMARY OF PROPOSED CHANGE (S): Identify the changes. -tJ
,..n '5/,HW~ '5~ t.1t.-
Jj,lSTlFICATION FOR CHANGE (S): What value or benefit do these changes provide to the project?-
~~~ ~~~~~ s6fJ~ce}l ~w
~S~ ~~~__~c:rotz...a4a,.
PARTIES CONTACTED REGARDING THE CHANGE: J)i$-..fi::1;J eo.,./5uU~
PLEMENTATION STEPS (Verify each before proceeding with change using Y, N or NlA)
Proposed change is consistent with the scope of the existing agreement
Proposed change is in fact an addition or deletion to the existing scope
Change is being implemented in a manner consistent with the existing agreement
The appropriate parties have been consulted regarding the change
Proposed prices, fees and costs set forth in the change are reasonabke
REVIEWED BY:
Co "
A TION: This form is to be signed and dated.
or LJate: 6> ~ <l ~.If)1>
Date: 1/3/ tk
PROJECT MANAGER RECO
~
a .
· wif~S~~~~f~i
,
MAR 2 8 Z006
Chanae Order" 2
FOLDER11'
c_
TO:
WilsonMiller, Inc.
3200 Bailey lane
Suite 200
Naples, FI. 34105
Project Name: Eagles Lakes
Phase II
FROM:
Board of County Commissioners
Collier County Parks & Recreation
3300 Santa Barbara Blvd.
Naples, FI. 34116
Project No. 80014
Contract Dated: May 23, 2003
Change Order No:S,
Original Contract Amount ...,... ..,... '" ... ...... ......... ... ,.. .,. ......... ... .,.$88,650.00
Change Order Amount... '" ...... ... ... ... .., ... ... ... ... ... ... ... ... ... ...... ... ...$14,100.00
Revised Contract mount.. ...... ..... ... ............ ................. ............ ..... ....$102.750.00
OriQinaLCompletiop Date.... .~..~. 'H'~,_", u__... _.. ... UW.. .LUbmJune 1--4~_~._
Revised embe 10 2006
Your acceptance of this Change Order shall constitute a modification to our
Original Agreement and will be perfonned in accordance to all original tenns and
conditions stipulated in the Original Agreement of record to include this
acceptance and modification. The adjustment to this Agreement shall constitute
a full and final settlement of any and all claims arising out of, or related to the
changes set forth herein, induding daims for impact and delay costs.
1
"
I
I
I
I
I
I
I
l___.____ _____.d
WUsonMiller Change Order No.2 Continued... .., ... .., ... ... ... ..
Prepared by: ..~ . ·
Clinton L Perryman, CG Project Manager
Parks and Recreation apartment
Accsptedby, W.I~
fe~min A. Diaz, President
Approved by: ~ ~ E /Ie/} , ~QjJ4.( II
Mary Ell Donner, Assistant Director
Parks and Recreation Department
2
April 25, 2006
Page 7 of 14
Oat8:c?'3.. ~.. 0 ~
Dais: ?-~f2!}f
/ /
Date;"3 /:;0 10(;
/ /
~-,._..,---~-_.>----_.._.~-_.'".,
WiISinMil/ere
Agenda Item_NO.. 6... 7
April 2
Pag
i ...
New Directions /n Planning, Design & Eng/neering
February 21, 2006
Mr. Clint Perryman, CGC
Project Manager
Collier County Parks and Recreation Department
3300 Santa Barbara Boulevard
Naples, Florida 34116
RE: Eagle Lakes Park Phase"
Request for Additional Compensation
Dear Mr. Perryman:
WilsonMiller has expended unanticipated effort in assisting Collier County with re-bidding and additional
permitting due to breaking the project up into multiple construction phases. To date, we have expended
$7,108.29 in professional services plus $247.13 in expenses related to the additional effort. The following
is a summary of the additional tasks:
· Split the original technical specifications into 3 separate specification books (Interactive Water
Feature (IWF); Fire Main; and Pavilions and Tennis Courts)
· Attended an additional pre-bid conference for the Interactive Water Feature Re-bid
· Provided technical information to IWF prospective bidders prior to the second re-bid
· Attended 2 separate pre-construction conferences (IWF and PavilionslTennis Courts)
· Revised and re-issued the construction drawings to describe 4 separate phases of work (IWF;
PavilionslTennis Courts; Fire Main; and Sidewalk)
· Coordinated Site Development Plan Insubstantial Change pre-application conference, prepared
permit documents, submitted and processed Insubstantial Change request
We also anticipate providing additional effort in the future to administer the multiple construction phases,
such as:
· Processing 3 instead of 1 permit application to the FDEP regarding the clearance letter for
potable water facility connections (Fire Main; IWF piping; and Tennis Court piping)
· Providing multiple pre-final and final inspections due to lag in timing of each individual
construction phase
· Provide additional construction site observations since the work is progressing under non-
concurrent timelines
Attached is a labor detail report with the additional hours highlighted, and a work hour estimate for the
future additional effort. We respectfully request a contract amendment to increase the fixed fee for Task
8: Construction Phase Services: Civil Engineering by $13,350, and an additional $750 to be added to
Task 12: Reimbursable Expenses, to compensate WilsonMiller for the additional effort.
Kindly process the change order at your earliest convenience. Please do not hesitate in calling me
should you need additional information.
Sincerely,
W:' anMl/le~
Adalfa A. G~zali!?
Senior Project Manager
Offices strategically located to serve our clients BOO. 649. 4336
NapleS/Corporate Office 3200 Bailey Lane, Suite 200 .. Naples, RorkJa 34105 .. 239.649.4040 .. Fax 239.643.5716
wl/sonmlller. com
2/2112006- 165531 Ver: 01!. AGONZALE
CM43
N7522..o02-000- EPSA- 29243
WilsonMlIJer.lnc. - FL Lie.' LC.C000170
Agenda Item No. 1607
April 25, 2006
Page 9 of 14
'P~ ~e. 2-
c H-A- tt..62 s
,
... .-..-..
Tuesday, February 21, 2006
OB:59:13AM
Project Labor eport
W1lsonMlller, Inc,
P' BHling Rates
. '" Unposted labor
N75ZZ..o0Z..o01
Task: FLAPP
Class: PW
ServIce Code: AM2
01721 Colbum, Lisa J.
For the Period 7/13105.2128/06
Regular Overtime
Date Hours Hours
Eagle Lakes Phase Z
CC SOP, ERP & FDEP App & RAI's
Public Works
Admin Asslstant2
10116105
Total
Hours
.75
.75
Project administration
.25
Project administration
1.25
project administration
2.00
project submittal
1.50
Project Submittal
1.25
project Submittal
1.25
Project administration
.50
Project administration
.50
project administration
.50
project administration
.50
Project administration
.75
Project administration
11.00
.25
10/19105
01721 Colburn, Usa J.
01721 Colburn, Lisa J.
01721 Colburn, Usa J.
01721 Colburn, Usa J.
01721 Colburn, Usa J.
01721 Colbum, Lisa J.
01721 Colburn, Usa J.
01721 CoIbum, Lisa J.
01721 Colburn, Lisa J.
01721 CoIbum, Lisa J.
01721 Colburn, Lisa J.
1.25
11122105
2.00
11123/05
1.50
11/26/05
1.25
11129/05
1.25
11130105
.50
.50
1211105
12f7105
.50
1218105
,50
1219105
.75
1110106
11.00
Service Code Total
Service Code: PC2
02137 Bolano, Jair A
5.00
5.00
Resubmitlal prep.
2.00
Resubm prep.
7.00
2.00
7.00 ~y'L",\ {
02137 BoIano, JairA
Service Code Total
Service Code: PC7
. 01186 Gonzalez, Adolfo A
Service Code Total
Class Total
Task Total
Task: FLBID
Class: PW
Service Code: AM2
01721 Colbum, Lisa J.
18.00
18.00
18.00
18.00
Bid Phase Services
Public Works
Admin Assistant2
7/t3lO5
.50
project administration
2.50
Project administration
1.25
Project administration
1.75
Project administration
2.00
Project administration
.75
Project administration
.25
Project administration
.75
Project administration
.50
Project administration
7114105
01721 Colburn, Lisa J.
01721 Colbum, Lisa J.
01721 Colburn, Lisa J.
01721 Colburn, Lisa J.
01721 Colburn, Lisa J.
01721 Colbum, Lisa J.
01721 Colburn, Lisa J.
01721 Colbum, Lisa J.
7/18105
7/19105
7/20105
7/22105
7/29105
819/05
8/16105
Page: 1
. = Labor Adjustment I BiJllng Transfer
r----
Agenda Item No. 1607
April 25, 2006
Page 10 of 14
Project Labor Detail Report
W1lsonMiller, Inc.
p, Billing Rates
+ = Unposted labor
N7522-002-OO1
Task: FLBID
Class: PW
Service Code: AM2
01721 Colbum, Usa J.
01721 CoIbum, Usa J.
01721 Colburn, Usa J.
01721 Colbum, Usa J.
01721 CoIbum, Lisa J.
01721 Colbum, Lisa J.
01721 CoIbum, Lisa J.
01721 CoIbum, Usa J.
01721 Colbum, Usa J.
Service Code Total
SeMce Code: PC6
01186 Gonzalez, AdoIfo A
01186 Gonzalez, Adolfo A
01186 Gonzalez, Adolfo A
01186 Gonzalez, AdoIfo A
01186 Gonzalez, AdoIfo A
01186 Gonzalez, Adolfo A
01186 Gonzalez, Adolfo A
01186 Gonzalez, AdoIfo A
01186 Gonzalez, Adolfo A
01186 Gonzalez, Adolfo A
01186 Gonzalez, Adolfo A
01186 Gonzalez, Adoffo A
01186 Gonzalez, Adolfo A
01186 Gonzalez, AdoIfo A
01186 Gonzalez, Adoffo A
01186 Gonzalez, Adolfo A
01186 Gonzalez, Adolfo A
01186 Gonzalez, Adolfo A
01186 Gonzalez. Adolfo A
For the Period 7/13/05 - 2/28106
Overtime
Hours
Regular
Date Hours
Eagle Lakes Phase 2
Bid Phase Services
Public Wor1l;s
Admin Asslstant2
8/18/05
8/19105
8124105
9/2/05
9/20105
9/21105
9/23105
9/26/05
9/30105
ProfConsultant 6
7/13105
7/14105
7/18105
7/19105
7120/05
7/21/05
7/22105
7/25105
812105
8/3105
814105
818105
819/05
8/10105
8/11/05
8/16/05
8117105
8118/05
8/22/05
1.50
re-bid prep
2.00
re-bid prep
.25
Re-bid plans & specs coord
2.00
Re-bid plans & specs prep
.25
ADE plans coord for re-bld
.25
flu RE SDP approvals for re-bid
.50
prep for SOP mtg re re-bid
1.00
SDP mtg re re-bid plans
.25
proj mgt
.50
prep for 2nd pre-bid mt9
.75
2nd pre-bid mtg
.75
re-bid addendum 1 prep
2.25
re-bid addendum 1 prep
.25
re-bid addendum 1 prep
.50
flu re construction duration
2.25 2.25
plan revisions for fire main re-bid & pavilionsltennis re-t>id
4.25 4.25
plans coord RE re-bid
4.00 4.00
re-bid plans review & tech spec prep
.50 .50
flu RE bid schedule for pavilions & tennis re-bid
3.50
Project administration
4.00
Project administration
3.75
Project administration
.50
Project administration
.50
Project administration
.75
Project administration
.50
Project administration
1.25
Project administration
1.25
Project administration
26.25
~
/
~r~
Ifl"l-l('.<.?'1
Tuesday, February 21,2006
08:59:13AM
Total
Hours
.50
.50
.75
.50
1.25
1.25
2.00
.25
2.00
.25
.25
.50
1.00
.25
.50
.75
.75
2.25
.25
.50
. = Labor Adjustment / Billing Transfer
Page: 2
Agenda Item No. 1607
April 25, 2006
Page 11 of 14
...~
Tuesday, RJ/lrvary 21.2006
08:59:13AM
Project Labor Detail Report
WilsonMiller. Inc.
R Billing Rates
. = Unposted labor
N7522-002-001
Task: FLBID
Class: PW
Service Code: pce
01186 Gonzalez, Adoifo A
01186
Gonzalez, Adollo A
Service Code Total
Service Code: pe7
. 01186 Gonzalez, Mollo A
Service Code Total
Class Total
Task Total
Task: FLCON
Class: PW
Service Code: AM2
01721 CoIbum, Lisa J.
01721 Colburn, Lisa J.
01721 CoIbum, Usa J.
01721 Colburn, Lisa J.
01721 CoIbum, Lisa J.
01721 Colbum, Lisa J.
01721 CoIbum, Lisa J.
01721 CoIbum, Lisa J.
01721 CoIbum, Usa J.
01721 CoIbum, Lisa J.
01721 Colbum, Lisa J.
01721 Colburn, Lisa J.
01721 CoIbum, Usa J.
01721 CoIbum, Usa J.
01721 Colburn, Lisa J.
01721 Colburn, Lisa J.
01721 Colburn, Lisa J.
01721 CoIbum, Lisa J.
01721 CoIbum, Lisa J,
01721 CoIbum, Lisa J.
01721 Colburn, Lisa J.
01721 CoIbum, Lisa J.
Service Code Total
. = Labor Adjustment I Bi/ling Transfer
For the Period 7113105 . 2128106
Overtlme
Hours
Total
Hours
Regular
Date Hours
Eagle Lakes Phase 2
Bid Phase Se....lces
Public Works
p~
{ 8/24/05
10/4105
2.50 2.50
OPC prep for pavilions & tennis re-bid
.25 .25
c wi Clint RE tennis court pre-bid
26.75 26.75
53.00 $3.00
53.00 53.00
Construction Phase Services
Public Works
Admin Asslstant2
1OnJ05 .50 .50
Project administration
10/31105 .25 .25
Project administration
11/8105 .75 .75
Project administration
12/14105 .75 ,75
Project administration
12/15105 .50 .50
Project administration
12/16105 .75 .75
Project administration
12120105 .50 .50
Project administration
12/21105 .50 .50
Project administration
12128105 2.25 2.25
Project administration
12129105 .25 .25
Project administration
1/3106 .50 .50
Project administration
1/4106 .75 .75
Project administration
1/10106 .50 .50
Project administration
1/13106 1.75 1.75
Project administration
1126106 .50 .50
Project administration
2/2/06 1.50 1.50
Project administration
2/6106 1.75 1.75
Project administration
2[7106 .25 .25
project administration
2/13106 .50 .50
Project administration
2/14106 2.00 2.00
Project administration
2/ 15/06 .50 .50
Project administration
2/17106 .25 .25
Project administration
17.75 17.75
Page: 3
Agenda Item No. 1607
April 25, 2006
Page 12 of 14
Project Labor Detail Report
Wilson Miller. Inc.
R' Billing Rates
+ = Unposted labor
N7522-002-001
Task: FLCON
Class: PW
Service Code: CT1
02158 Wieczorek, Stephanie M
Service Code Total
Service Code: CT4
01422 Navarro, VJClor M
01422
Navarro, Victor M
01422
Navarro, Victor M
01422
Navarro, Victor M
01422
Navarro, Victor M
01422
Navarro, Victor M
ServIce Code Total
Service Code: PC2
02137 Bolano, Jalr A
02137 Bolano, Jalr A
02137 Bolano, Jair A
02137 80lano, Jair A
02137 Bolano, Jair A
02137 Bolano, Jair A
02137 BoIano, Jair A
Service Code Total
Service Code: PC6
01186 Gonzalez, Adol!o A
01186 Gonzalez, AdoIfo A
01186 Gonzalez. AdoIfo A
01186 Gonzalez. Mal!o A
01186 Gonzalez, Mal!o A
01186 Gonzalez, AdoIfo A
01186 Gonzalez, Adollo A
01186 Gonzalez, Adolfo A
01186 Gonzalez, Adoffo A
01186 Gonzalez. AdoIfo A
01186 Gonzalez, Adolfo A
01186 Gonzalez, Adol!o A
01186 Gonzalez, Mal!o A
Tuesday, February 21, 2006
08:S9:13AM
For the Period 7/13/05 - 2128/06
Overtime
Hours
Regular
Dale Hours
Eagle Lakes Phase 2
Construction Phase Services
Public Works
Cadd Technlclan1
2/13106
Senior Oeslgner4
7/18/05
7/19/05
8/17105
8/18/05
9/23105
10/1 0105
ProfConsultant 2
9f20105
9/26105
9/27/05
11/22105
212!06
2/3106
219106
Prof Consultant 6
9/19105
9/20105
9/21/05
9/21105
9/23105
9/26105
9/28105
9/30105
10n 105
10/10105
10/28/05
1W/05
11/23/05
Total
Hours
.50
Plot 7 sets for project permits
.50
.50
.50
3.00
Revision 4 (Re-bid)
2.50
Revision 4 (Re-bid)
6.00
Revisions 5 & 6
7.00
Revisions 5 & 6
1.00
RFI Clint Perryman
3.50
Review Sub-phases/Plot Fi s
23.00
-~~.
f. St.,.V ~ '2... ib~ > 0"2....'\,{"
5.00 5.00
Conference prep. Pre-construction conference.
3.75 3.75
Site visit. Site visit report prep.
.50
Site visit report prep.
3.00
SDP insubstatntial change p
3.00
Pre-<:onstruction m1g.
1.75 1.75
Pre-<:onstruction m1g minutes prep.
1.50 1.50
Coordination mtg.
18.50
----~~
~'Vl <t.~O
--:.-
3.00
18.50
.50
5.00
prep,IWF pre-<:onst mtg & flu
.75
coord RE SOP insubstantial cha
3.75
IWF pre-const mtg flu
.25
RFI flu RE bldg permit RAI
1.00
flu RE sidewalk deviations
.25
flu RE sidewalk deviations
.25
coord
.25
proj mgt
.25
flu RE SOP insubstantial change plan
1.00 1.00
IWF Bldg Permit RAI prep
.25
administration
.75
Insubtstantial change review & coordina on
.50
5.00 ~.~"'\..---\
.7; i- \~),"3- 6(,11, -z,~
..25
1.00
.25
.25
. = Labor Adjustment I Billing Transfer
Pagl'!:4
"..
~
Agenda Item No. 1607
April 25, 2006
Page 13 of 14
Tuesday, February 21,2006
08:59:13AM
Project labor Detail Report
WlIsonMllIer. Inc.
R' Billing Rates
. = Unposted labor
N7522-002-001
Task: FLCON
Class: PW
Service Code: PC6
01186 Gonzalez, Aclolfo A
For the Period 7113105 . 2128106
OVertime
Hours
Total
Hours
Regular
Date Hours
Eagle Lakes Phase 2
Construction Phase Services
Public Works
Prof Consultant 6
1211105
ProfConsultant 7
1123/06 4.00 4,00
fire main pressure test & flu
1/30106 .25 .25
Ilu RE Pavilion pre-const mtg
211106 .25 .25
Pavilions pre-const mtg coord
213/06 .75 .75
flu Re plumbing work
2/9/06 1.50 1.50
IWF trench conflict site visit
2110/06 2.50 2.50
IWF trench conflict flu
2113/06 2.00 2.00
IWF trench flu
2/24/06
11.25 11.25
88.00 .50 88.50
88.00 .50 88.50
.--,.-----
Design Services
Public Works ~ _ .-...
ca~~~~:nlclan1 7.00 . 7.0~ Y v ~
CREATED & HATCHED SUB-PHASE CONSTRUCTION AREAS )
AND 7~~RRECTED RED PLANS ?~PLANS \
CORRECTED RED LINES & MADE ADJUSTMENTS TO PLANS ..
1.50 1.50
plotted complete set & corrected some red fines
3.00 3.00
corrected changes
4.00 4.00 ~
revised red lines )..--..,
1.00 1,00 \
finiS;~Ored lines '/.- Lt c, . '> .c- '2- \$" '\ \ 1.. . c.f " \
24.00 \
01186 Gonzalez, Aclollo A
01186 Gonzalez, Adolfo A
01186 Gonzalez, Adolfo A
01186 Gonzalez, Aclolfo A
01186 Gonzalez, Aclolfo A
01186 Gonzalez, Adolfo A
t2l10/05
12114/05
1/3106
1/4106
1/17/06
1/20/06
Servlee Code Total
Servlee Code: peT
01186 Gonzalez, Aclolfo A
01186 Gonzalez, Adolfo A
01186 Gonzalez, Adolfo A
01186 Gonzalez, Adolfo A
01186 Gonzalez, Adolfo A
01186 Gonzalez. Adolfo A
01186 Gonzalez, Adollo A
. 01186 Gonzalez, Adolfo A
Service Code Total
Class Total
Task Total
Task: FLDeS
Class: PW
Service Code: CT1
02158 Wieczorek, Stephanie M
02158 Wieczorek, Stephanie M 9/23105
02158 Wieczorek, Stephanie M 9/26/05
02158 Wieczorek, Stephanie M 9/27/05
02158 Wieczorek, Stephanie M 10/10/05
02158 Wieczorek, Stephanie M 10/12105
Service Code Total
Class Total
Task Total
Project Total
Final Total
.25
.25
flu RE IWF bldg permit status
1.00 1.00
flu RE IWF pump substitution request by Wasco
.50 .50
const status flu
.25
flu RE utility locates
.25
flu RE utility locates
.50
flu RE IWF Wesco substitution
.50
flu RE fire main pressure test
17.50
.25
.25
.50
.50
17.50
~1 \ 09.1...11
183.00
.50
183.00
.50
183.50
. = Labor Adjustment I Bjl/ing Transfer
Page: 5
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Agenda Item No. 1608
April 25, 2006
Page 1 of 3
.,...'-
EXECUTIVE SUMMARY
Recommendation to award Bid No. 06-3981, Summer Truck Rental for
Parks and Recreation, to Enterprise Rent-A-Car at an estimated cost of
$55,800 for the transportation of food to recreation and school sites under
the Summer Food Grant Program
Obiective: To obtain cost-effective and reliable transportation for summer food
delivery.
Considerations: Collier County uses rental pick-up trucks to transport meals to school
and recreation summer camps throughout Collier County in conjunction with the Summer
Food Grant Program. A maximum of thirty trucks will be needed during a nine week
period, Invitations to bid were issued to five vendors. One bid was received. Enterprise
Rent-A-Car will provide full-size pick-up trucks at a rate of$199.99 per week.
Staff recommends awarding Bid No. 06-398 I to Enterprise Rent-A-Car as the lowest
qualified, responsive bidder.
Fiscal Impact: The estimated cost of $55,800 is reimbursable by the Summer Food
Grant Program, Fund 119-156342.
..-
Growth Manaaement Impact: No Growth Management Impact is associated with
this action.
Recommendation: That the Board of County Commissioners award Bid No. 06-3981,
Summer Truck Rental for Parks and Recreation, to Enterprise Rent-A-Car at an estimated
cost of $55,800 for the transportation of food to recreation and school sites under the
Summer Food Grant Program.
Prepared Bv: Amanda Townsend, Operations Analyst, Parks and Recreation
,-
Agenda Item No. 16D8
April 25, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16D8
Item Summary:
Recommendation to award Bid No, 06-3981, Summer Truck Rental for Parks and
Recreation, to Enterprise Rent-A-Car at an estimated cost of $55,800 for the transportation of
food to recreation and school sites under the Summer Food Grant Program.
Meeting Date:
4/25/20069:00:00 AM
Approved By
Kathy Carpenter
Executive Secretary
Date
Public Services
Public Services Admin.
4/13/20062:10 PM
Approved By
Scott Johnson
Purchasing Agent
Date
Administrative Services
Purchasing
4/13/20063:14 PM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
4/13/20063:30 PM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
4/13/20064:13 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/13/20064:48 PM
Approved By
Leo E. Ochs. Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4/13/20065:01 PM
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Agenda Item No. 1609
April 25, 2006
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners Approve a
Memorandum of Understanding with the School District of Collier County to
Provide for Employee Screening in Compliance with the Jessica Lunsford Act
OBJECTIVE: That the Board of County Commissioners approve a Memorandum of
Understanding with the School District of Collier County to provide for screening of
County employees in compliance with the Jessica Lunsford Act.
CONSIDERATIONS: a Florida law enacted in 2005, known as the Jessica Lunsford
Act, Florida Statute 1012.32 and 1012.465, requires that those individuals who are
permitted access on school grounds when students are present, or have direct contact with
students, or have access to or control school funds, be screened according to the Level 2
criteria in Section 435.04, Fla. Stat. In keeping with the requirements of this legislation,
the District is requiring that contractors, vendors and others, whose employees or agents
are on school grounds on scheduled school days, be fingerprinted by the District utilizing
the District's digital live scan print equipment.
Certain County employees will be on school grounds while fulfilling their job
responsibilities to the County. Since the County has the capability and equipment to
fingerprint and screen its employees in accordance with the requirements established
under Level 2 criteria in Section 435.04, Fla. Stat., the Memorandum of Understanding
presented herewith will provide for screening to be conducted by Collier County for its
employees who will have access to students. By doing so, Collier County will have the
ability to control costs associated with this process and will have the capability to provide
results of background screenings within hours rather than days. This MOU has been
reviewed and approved by the County Attorney's staff.
GROWTH MANAGEMENT: There is no growth management impact associated with
this item.
FISCAL IMPACT: Funds are available in the Parks & Recreation budget to provide for
the required background checks, and it is expected that these costs will amount to
approximately $5,000 annually.
RECOMMENDATION: That the Board of County Commissioners approve a
Memorandum of Understanding with The School District of Collier County to provide
for background screening of County staff who will be in contact with students.
Background checks will be conducted in full compliance with Level 2 criteria of Section
435.04, Fla. Stat.
Prepared by: Kathy Carpenter, Executive Secretary
Public Services Administration
Date: 4/13/06
.-.
Agenda Item No. 1609
April 25, 2006
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16D9
Recommendation that the Board of County Commissioners Approve a Memorandum of
Understanding with the Scbool District of Collier County to Provide for Employee Screening
in Compliance with the Jessica Lundsford Act.
Meeting Date:
4/25/20069:0000 AM
Approved By
Kathy Carpenter
Executive Secretary
Date
Public Services
Public Services Admin.
4/13/2006 11 :30 AM
Approved By
Marla Ramsey
Public Services Administrator
Date
Public Services
Public Services Admin.
4/13/20063:43 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/13/20064:13 PM
Approved By
Sherry Pryor
Management & Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/14/20062:51 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/17/20068:42 AM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4117/20069:49 AM
Agenda Item No. 1609
April 25, 2006
Page 3 of 5
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding dated this _ day of
, 2006, is made
and entered into by and between Collier County, Florida ("County") and The School District of
Collier County ("District").
WHEREAS, a Florida law enacted in 2005, known as the Jessica Lunsford Act, Florida
Statute 1012.32 and 1012.465, requires that certain County employees who are permitted access
on school grounds when students are present, or have direct contact with students, or have access
to or control school funds, be screened according to the Level 2 criteria in Section 435.04, Fla.
Stat., and
WHEREAS, the District at this time is requiring that contractors, vendors and others,
whose employees or agents are on school grounds on scheduled school days, be fingerprinted by
the District utilizing the District's digital live scan print equipment; and
WHEREAS, the County expects that certain County employees will be on school grounds
while fulfilling their job responsibilities to the County; and
WHEREAS, the County has the capability and equipment to fingerprint and screen
employees of the County under Level 2 criteria in Section 435.04, Fla. Stat.
NOW THEREFORE, in consideration of these mutual covenants and prOVIsIOns, the
County and District hereby agree as follows:
1. The above recitals are true and correct and are incorporated into this Memorandum
of Understanding for all purposes.
2. The County will perform security screening meeting Level 2 criteria in Section
435.04, Fla. Stat., including fingerprinting (on digital live scan print equipment), statewide
criminal and juvenile justice records checks through the Florida Department of Law Enforcement,
Agenda Item No. 1609
April 25, 2006
Page 4 of 5
and federal criminal records checks from the Federal Bureau of Investigation, Screening may also
include local criminal records checks through local law enforcement agencies,
3. The County will assure the District that only those County employees who have
been screened to Level 2 and have passed the screening process will be assigned to work on
school grounds.
4. Subject to the limitations of Section 768,28, Fla, Stat., the County shall indemnity,
defend and hold harmless the District, its Board members and employees from and against any
liabilities whatsoever, occasioned wholly by the negligence of the County, its officers or
employees with respect to any activity associated with the work or service under this agreement.
5, The District will accept the employee Level 2 screening done by the County as
sufficient to meet the requirements of the Jessica Lunsford Act and will not require County
employees to be screened by the District.
6. To the extent possible under existing law, the County agrees that it will make its
screening data relative to its employees working on school grounds available to the District upon
request.
ATTEST:
DWlGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
By:
, Deputy Clerk
By:
FRANK HALAS, Chairman
Approved as to form and
legal sufficiency:
Robert N. Zachery
Assistant County Attorney
Agenda Item No. 16D9
April 25, 2006
Page 5 of 5
ATTEST:
THE SCHOOL DISTRICT OF COLLIER
COUNTY, FLORIDA
RA YMOND J. BAKER, Superintendent
By:
KA THLEEN CURATOLO, Chairman
Approved as to form and
legal sufficiency:
Richard W. Withers
School Board Attorney
EXECUTIVE SUMMARY
Agenda Item No. 16E1
April 25. 2006
Page 1 of 2
,......-..
Recommendation to approve a budget amendment to Fund 518, Workers' Compensation
Insurance, in the amount of $547,300 to fund anticipated claims settlement expenses through the
remainder of Fiscal Year 2006 and to recognize reinsurance recoveries in the amount of
$435,000.
OBJECTIVE: To receive approval of a budget amendment in the amount of $547,300 to fund the
payment of Workers' Compensation claims expenses through the end of Fiscal Year 2006 and to
recognize reinsurance recoveries in the amount of $435,000,
CONSIDERATIONS: The Board of Commissioners finances its Workers' Compensation insurance
program through a partially self funded financing arrangement pursuant to the requirements of the
Florida Workers' Compensation Statutes, Chapter 440. These statutes govern the administration of
statutory medical and indemnity benefits. These statutes also authorize qualified self insurers to
enter into the administrative settlement of future medical and indemnity benefits.
The decision to enter into an administrative settlement is desirable when the cost to settle a claim is
less than the net present value of future medical and indemnity benefits. In most cases, the
settlement represents a payment equivalent to 40-60% of the net present value of future benefits. All
settlements are made subject to a written recommendation by the County's adjusting company, Johns
Eastern, as well as the County's workers' compensation legal counsel.
A review of potential administrative settlements for the remainder of Fiscal Year 2006 indicates that a
budget amendment is needed to assure that these statutory claims payments can be made in a timely
manner.
In FY06, normal claims volume (medical and wage payments) has remained within budget. In
addition to normal claims volume, there have been four claims that have settled in FY 06. A review of
open claims indicates there are twelve additional claims that have the potential to settle before the
end of the fiscal year. If each of these claims were to settle, it is anticipated that an additional
$547,300 would be needed to fund these costs.
The county purchases reinsurance to protect against large or catastrophic losses. It is anticipated
that reinsurance recoveries from the settlement of these cases will provide approximately $435,000 in
revenue to the Workers' Compensation Fund. The remainder, $112,300, will come from Workers'
Compensation Reserves.
Pursuant to Resolution 2004-15, a report to the Board will be provided to document each
administrative lump sum settlement. Unused claim funds, if any, will be returned to Workers'
Compensation Reserves.
FISCAL IMPACT: A budget amendment of $547,300 is recommended to cover potential claim
settlements in FY06. Reinsurance recoveries from these claims settlements are expected to be
$435,000. The remainder ($112,300) will come from Fund 518 reserves. Reinsurance is purchased
and reserves are maintained specifically for this purpose.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
agenda item.
..--.
RECOMMENDATION: It is recommended that the Board approve a budget amendment in the
amount of $547,300 to cover claims expenses through the end of fiscal year 2006.
Prepared by: Jeffrey A. Walker, CPCU, ARM, Director, Risk Management
Agenda Item No. 16E1
April 25, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16E1
Item Summary:
Recommendation to approve a budget amendment to Fund 518, Workers Compensation
Insurance. in the amount of $547,300 to fund anticipated claims settlement expenses through
the remainder of Fiscal Year 2006 and to recognize reinsurance recoveries in the amount of
Meeting Date:
$435,000.
4/25/2006 9:00:00 AM
Prepared By
Jeffrey A. Walker, CPCU,
ARM
Risk Management Director
Date
Administrative Services
Risk Management
3130120069:56:04 AM
Approved By
Jeffrey A. Walker, CPCU,
ARM
Risk Management Director
Date
Administrative Services
Risk Management
3/30/20069:55 AM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
41111200610:12 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4111120062:08 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/13/200612:42 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4113/20061 :22 PM
Agenda Item No. 16E2
April 25, 2006
Page 1 of 4
EXECUTIVE SUMMARY
Recommendation to ratify additions to and a deletion from the 2006 Fiscal Year Pay and
Classification Plan made from January 1,2006 through March 31, 2006.
OBJECTIVE: For tpe Board of County Commissioners to ratify additions to and a deletion
from the 2006 Fiscal Year Pay and Classification Plan.
CONSIDERATION: Attached, as Exhibit 1, are additions to and a deletion from the County's
2006 Fiscal Year Pay and Classification Plan that were made between January 1, 2006 and
March 31, 2006. The additions properly document and evaluate the work that certain
incumbents have been performing, accommodate a department realignment, provide for staff to
oversee the new employee recognition program and provide for the addition of staff to the North
County satellite office. The deletion results from a retirement and a subsequent organizational
realignment.
FISCAL IMPACT: The results of this action will have a fiscal impact to the County for
minimal salary adjustments which are absorbed by individual departments.
-
GROWTH MANAGEMENT IMP ACT: There is no growth management impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners ratify additions to and a
deletion from the 2006 Fiscal Year Pay and Classification Plan.
PREPARED BY: Donald Albonesi, Manager - Compensation, Human Resources Department
,-.
1
Agenda Item No. 16E2
April 25, 2006
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16E2
Meeting Date:
Recommendation to ratify additions to and a deletion from the 2006 Fiscal Year Pay and
Classification Plan made from January 1,2006 through March 31,2006.
4/25/20069:00:00 AM
Item Summary:
Prepared By
Donald Albonesi
Compensation Manager
Date
Administrative Services
Human Resources
4/5/200610:10:25 AM
Approved By
Donald Albonesi
Compensation Manager
Date
Administrative Services
Human Resources
4/5/200610:07 AM
Approved By
Jean Merritt
Human Resources Director
Date
Administrative Services
Human Resources
4/5120064:20 PM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
4/11/200610:14AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4111/20062:10 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/13/2006 1 :26 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/13/20064:00 PM
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Agenda Item No, 16E3
April 25, 2006
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to award a quote under Contract # 02-3349 in the amount
of $77,850, "Collier County ADA Restrooms Renovations for the CCSO
Visitation Facility Bldg. 0" to Wall Systems Inc. of SW. FL. dba Professional
Building Systems.
OBJECTIVE: To gain approval from the Board of County Commissioners to award a
quote under Bid # 02-3349 to Wall Systems Inc, of SW.FL. dba Professional Building
Systems for the Renovations of Building "0" restrooms to meet current American
Disabilities Act codes,
CONSIDERATIONS: As part of the Department of Facilities Management's Capital
improvement program, restrooms located in Building "0" will be upgraded and improved in
order to comply with the American Disabilities Act. The upgrades will provide ease of
access for public visitors, especially those with disabilities.
On February 15, 2006, three (3) bids were received (one being a no bid) for the
renovation of the restrooms in Building "0". Wall Systems Inc. of SW.FL. dba Professional
Building Systems was the low bidder with a total bid of $77,850, meeting all required
qualifications and bidding specifications,
FISCAL IMPACT: The total cost of this project is $77,850, Funds are available under
Funds 301 and 190,
GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County Growth
Management Plan.
RECOMMENDATIONS: That the Board of County Commissioners award this quote
under Bid # 02-3349 to Wall Systems Inc. of SW,FL, dba Professional Building Systems
for Restroom Renovations (Building "0") and authorizes the Department of Facilities
'Management Director to sign the appropriate Work Order as described within this
summary along with all necessary budget amendments,
PREPARED BY: Robert Fuentes, Department of Facilities Management. Project
Manager
-,
Agenda Item No. 16E3
April 25, 2006
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Meeting Date:
16E3
Recommendation to award a quote under Contract # 02-3349 in the amount of $77,850,
"Collier County ADA Restrooms Renovations for the CCSO Visitation Facility Bldg. 0 to Wall
Systems Inc, of SW FL dba Professional Building Systems,
4/25/20069:00:00 AM
Item Number:
Item Summary:
Prepared By
Robert Fuentes
Project Manager
Date
Administrative Services
Facilities Management
4/11/200612:31:25 PM
Approved By
Scott Johnson
Purchasing Agent
Date
Administrative Services
Purchasing
4/11/200612:33 PM
Approved By
Mike Hauer
Acquisition Manager
Date
Administrative Services
Purchasing
4111/2006 1 :18 PM
Approved By
Damon Gonzales
Interim Facilities Manager
Date
Administrative Services
Facilities Management
4/11120064:50 PM
Approved By
Skip Camp, C,F.M,
Facilities Management Director
Date
Administrative Services
Facilities Management
4111120065:58 PM
Approved By
Steve Carnell
PurchasinglGeneral Svcs Director
Date
Administrative Services
Purchasing
4/12/20062:33 PM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin,
4/12/20065:16 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4113/20061:25 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/1312006 1 :30 PM
Approved By
Leo E, Ochs, Jr,
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4113/20064:02 PM
Agenda Item No, 16E3
April 25,2006
Page 3 of 7
WORK ORDER # PBS-02-51
"General Contractor's Services"
Contract #02-3349, dated June 11, 2002
This Work Order is for General Contractor's Services, subject to the
terms and conditions of the Contract referenced above, for Work
known as: Collier County ADA Restroom Renovations for the CCSO
Visitation FacilitYL Bldg. "DH.
PROJECT:
The work is specified in the proposal dated February 15, 2006, from
Professional Building Systems, which is attached hereto and made a
part of this work Order. In accordance with Terms and Conditions of
the Agreement referenced above, Work Order #PBS-02-51 is assigned to
Wall Systems Inc. of SW.FL. DBA Professional Building Systems.
Scope:
Contractor to provide labor and materials for restroom renovations
of the restrooms 1st Floor (BLDG. D) as per Architectural drawings
from Victor J. Latavish AlA Architect, dated December 12, 2006.
Schedule of Work:
permit.
Complete within 90 days after obtaining building
Liquidated Damaqes: NONE
Compensation: In accordance with Item 3 of the Agreement, the
County will compensate the Firm in accordance with the negotiated
lump sum amount provided in the schedule below.
LUMP SUM FEE
$ 77,850.00
Any change made subsequent to final department approval will be
considered an additional service and charged according to an
executed Change Order as enumerated in Exhibit D of the Agreement.
REVIEWED BY:
Robert Fuentes, Project Manager
Facilities Management Department
Date
Agenda Item No. 16E3
April 25, 2006
Page 4 of 7
Work Order #PBS-02-51
page 2
APPROVED BY:
Skip Camp CFM, Director
Facilities Management Department
Date
Wall Systems Inc. of SW. FL.
DBA professional Building Systems
ATTEST: By:
(Corporate Secretary) Signature
By:
Typed Name and Title
'- ,
(or) witnesses (2 )
(1) (2 )
Signature Signature
(print Name) (Print Name)
Approved as to Form and
Legal Sufficiency:
~~ p,J~-tt/(}~
Assistant County Attorney
Agenda Item No, 16E3
April 25, 2006
Page 5 of 7
GENERAL CONTRACTORS
CONSTRUCTION MANAGERS
4395 Corporate Square · Naples, FL 34104-4754 · Phone: 239/643-6527 . Fax; 239/643-4293 . PBScontractors,com
February 15, 2006
Mr, Scott 0, Johnson
Purchasing Agent
3301 E. Tamiami Trail
Naples, Florida 34112
Voice: 239/774-8995
Fax: 239/732-0844
RE: RFQ under 02-3349 - "ADA Restroom Renovations for the CCSO Visitation
Center"
Mr. Johnson:
Thank you for inviting Professional Building Systems to present you with this
Construction Management Proposal for the ADA Restroom renovations, We appreciate
being considered for your important project.
The undersigned, having carefully examined the Contract documents entitled Collier
County ADA restroom renovations for the CCSO visitation Facility, Naples, Florida,
issued by Victor J, Latavish, AlA Architect dated December 12, 2005 and having visited
the site and examined the conditions affecting the Work, hereby proposes and agrees to
furnish all labor, materials, equipment, & accessories, and to perform operations
necessary to complete the Work as requited by, said proposed Contract Documents, for
the stipulated sum of : .
Base Bid, the Lump Sum (in words): Seventy-Seven Thousand Eight Hundred
Fifty and 00/100 Dollars, $77,850.00.
Exclusions:
Permit and Impact Fees
Architectural, Structural, MEP or Civil Engineering plans
Fire Sprinkler changes or modifications
Fire Alarm modifications
Correction of any existing code violations not discussed in this scope of work
Agenda Item No, 16E3
April 25,2006
Professionsl Building fy<i~ of 7
ADA Restrooms Renovations - Proposal
Page 2 of2
Mr. Johnson, thank you again for considering our firm for your important project. We
trust this information will be useful to you in selecting Professional Building Systems as
your contractor. If you have any questions, please don't hesitate to call me on my cell
phone at (239-825-3105). We look forward to completing your project and building a
lasting relationship with you.
Sincerely,
'~.~
c/)
1m Decker
Chief Estimator/PM
Agenda Item No, 16E3
RFQ under 02-3349 - ADA F\_~troom Renovations for the CCSO \ ,Atation Center April 25, 2006
Page 7 of 7
COLLIER COUNTY FLORIDA REQUEST FOR QUOTATION
PROPOSAL PAGE
DUE DATE: February 15, 2006 ~ 2:30 p.m.
The undersigned, having carefully examined the Contract Documents entitled Collier County ADA
Restroom Renovations for the CCSO Visitation Facility, Naples, Florida, issued by Victor J. Latavish
AlA Architect dated 12-12-05 and having visited the site and examined the conditions affecting the
Work, hereby proposes and agrees to furnish all labor, materials, equipment, & accessories, and to
perform operations necessary to complete the Work as required by said proposed Contract
Documents, for the stipulated sums of:
Base Bid, the Lump Sum (in words): Seventy-Seven Thousand Eight Hundred Fifty
and 00/100
77,850.00
Dollars. $
Total Base Bid
TIME
Contractor proposes to complete the Work within the following number of calendar days from notice
to proceed or receipt of building permits, whichever occurs later:
Total Construction Time:
90
Calendar days
The undersigned understands and agrees to comply with and be bound by Contract Documents
issued for this Work.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this J 15th day of
February , 2006 in the County of Collier , in the state of Florida
Wall Systems Inc. of SW FL DBA Professional Building Systems
Firm's Complete Legal Name
Phone No. 239-643-6527
FAX No. 239-643-4293
Email: .JDeckerf<lPBSContractors.com
4395 Corporate Square
Address
N,qr'pc::. 1<1 34104
9 G. jty. ,~Zip
BY: . tl C ~
( Signature
Project M;m""gpr
Title
Jim Decker
Name Typed/Printed
2/15/2006
Date
4
Agenda Item No. 16E4
April 25, 2006
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve a budget amendment and work order for updating
the Correctional (Jail) Master Plan under Contract #01-3235, Architectural
Services with Schenkel Shultz, Inc. in the amount of $111,490
OBJECTIVE: To obtain Board approval of a budget amendment and work order for
updating the Correctional (Jail) Master Plan under Contract #01-3235, Architectural
Services with Schenkel Shultz, Inc,
CONSIDERATIONS: During the 2005 AUIR process, (February 6, 2005), the Board
discussed updating the Correctional (Jail) Master Plan, particularly as it relates to
additional capacity and location. The V Group provided the last update in 1997
("Update of the Integrative Corrections Strategic Development Plan").
Staff solicited proposals from Schenkel Shultz, Inc, and Spillis Candela DMJM based on
a scope developed by Facilities Management and Sheriffs staffs, The costs submitted
from the above named firms were $111,490 and $205,510 respectively, Staff is
recommending award to Schenkel Shultz based on their approach and other information
contained within their proposal.
FISCAL IMPACT: The cost of this project is $111,490 and would be paid for from
Correctional Impact Fees.
GROWTH MANAGEMENT IMPACT: Updating the County's Correctional Master Plan is
consistent with direction given by the Board during the Annual Update and Inventory
Report (AUIR) process to identify additional facilities that are needed in order to achieve
and maintain the adopted standards,
RECOMMENDATION: That the Board approve an award of $111,490 to Schenkel
Shultz, I nc" an associated work order and the necessary budget amendments for the
updating of the Correctional Master Plan as provided within this summary,
Reviewed By: Skip Camp, CFM, Director
The Department of Facilities Management
,-
Agenda Item No, 16E4
April 25, 2006
Page 2 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16E4
Meeting Date:
Recommendation to approve a budget amendment and work order for updating the
Correctional (Jail) Master Plan under Contract #01-3235. Architectural Services with
Schenkel Shultz, Inc, in the amount of $111 ,490,
4/25/2006 9:00:00 AM
Approved By
Linda Best
Contracts Agent
Date
Administrative Services
Purchasing
4111/200611:01 AM
Approved By
Skip Camp, C,F.M,
Facilities Management Director
Date
Administrative Services
Facilities Management
4/11120065:56 PM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
4/12/20063:07 PM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin.
4112/20065:17 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/13120061 :27 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/13120064:56 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4113120065:22 PM
Approved By
Leo E, Ochs. Jr,
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4117/2006 3:15 PM
01/20/2006 12:14 FAX 2394813303
SCHENKELSHULTZ-FTN
Agenda It~O~t/ ~%1:A
April 25, 2006
Page 3 of 7
SCHENKELSHULTZ
oeD A . t ~ I , E , T U . ! ODD
T f~ A N S M I T T A I ! r A X
DATE: Jlnuary 20, 2006 X FAX, NO. OF PAGES 5
TO: Colli., County Gowmment TlWlSMIlTAL
Depmment of r:.aIK* Minai_ PICK - UP
FIICI_ ...~ BIdg. W.
33D1 E_t Temilft'll Ttan COURIeR
HI"'. FL M112 US MAIL
AlTENTlON: Pet8r Hayden ~IGHT
Sr. Project M.~
PHONE: 774-83110 REMARKS:
FAA: '793-3195 FOR YOUR USE
FROM: Gary Krueger AS RJ!QUlRED
COIIM NO.: 2QOOO00 REVIEW I COMMENT
PROJECT: Colfer COunty Jill Muttr Planning
--
1 1120106 Proposal for professicmal services
N _'TfO'
Originals WIll follow by mail.
SIGNATURE:
~~
co:
SC'HENKELSHULTZ - Pm M)'cn . 1 S1l1 ftuley LIP, Suita 101 . JIl M)wI, Florida 33907
PlmDcJ3~l~ . Fu.2)9.oIIl.l103 . """"'_lMhhn......... . An/1ItIcIarIl Lil:enoeM-OOl10937
DATE:
SCHENKELSHULTZ
UIIII ^Rt:HlTECTURl; UIIII
January 20, 2006
Mr. Pe1l:lrHaydcn
com. Coturty Government
Department en Facilities MaDaaer
FaclJiticsMaupnentBldg. W.
3301 EutTamllmi Trail
Naples, FL 34112
propoul ror profelll.....l serW:es
TO:
FROM:
Gary F. Krueger. AlA
SCHENKELSHUL TZ
PRO.JECI':
Collier COIDlty Jail Master Planning
COMMISSION NO:
2000000
SCHENKELSHUr.. TZ. Inc. is pleased to lRlbmit the following proposal. The scope of work md compensatiOD fur the
project is dlllcribed below. If Ibc: proposal is accoptable, pleae sip lIIl.d rcWm one copy for initiatjon of professional
service con~ .. required.
scope DfWork DeseriptiGII:
Provide professional Archi~ and Engineering services rellltivc to evaluation of !be capacity and Ixpansion
capabilities fur the existing Naples Jail Cmblr site, lmmokake Jail Center, and a separate funllc locmon as yet to be
detennlncd. Objediws ofdte proposccI MastIlr PIU1 Study sbal1 include:
. Updllte of the Jail facility nccds/Master ?11nftin& component of the 1997 Intetp'ative StJ:Blegic Comctions
Development Plan.
. Analyze jall bed and support requirements for the 3, S, aod 10 year Horimn. and develop an appropriate phased
implementation plan tataCtinl-.ch of those time periods,
. Defmc projecrted level ofservicc:for jail beda in Collier County.
. Develop an implcmCDbllion plan or plans, inoluding ",oelated budact COlts.,
AMlysu apccific to each site shall be fbrIJ:J,er defined as follows:
1. Immokalee Jail - Master Planning to determitlI the extent of existing Imd ~Ie Of development tbrolJlh
phased conidrUction or simultaneously.
a. The developmmt oftbe Master Plan at this location would be the detenDinlltion ofdte prcarammatic needs
(correctiOD&l, opaational. and lIdmiDistrativc) 1Il1llltive to the ovcn1l oeeds oftbe Sbcriff's Depattmcmt.
b. Analysis will include architectural }lI'O/P'IID dC'VClopnumt, inmate populldion 1reIIds, pncral popuLation and
dcmolflPhic trends, sitolcivil ccmBtmints, food service oepacity, and cxpan.Wu capabilities. and
mechaftlcallclectricallplwnbing c:onsnaints and opportunlties.
c, An BDaJysil of inmate trtnspOdation nlql1iremcnts bmvccn this facility and the Collier County Courts. The
study will not, however, incIllck an exh:wstive l'C'YiCIW of the County'l cue load or tbe potential or
eYMwalitlcs of ~izing the co\ll't& system to this or lIIl.otha location,
d. UnlCl/l din'lCl:ed otherwisc, the DesigneJ'$ will provide solutions to maximize the expansion(s) 11I1 this site lO
accommodate C11mlDt lIIId futuro splICe needs throullh the use of block dilllJ'lll1S. Estim_" construction
costs for each phase wiU also be provided IIJ1d will be CB1culmd into the future at 3, ~, and ]0 year marla.
2, Nap]. Jail - Muter Pl..wnr of ell.p8DIlan capabilities lit the current Collier County Oovemment Center site
Telltive to two (2) priDulry altematives. Master Planning will include determination of the programmatic needs
at this location. analySis of program development, md estimated construction C05lS similar to the lnunok&lee Jail
proposed tasks previously described herein.
a. Invesbpte ad maI)'2'e expuWOIl of tile existinsjail fllOility at the prcacat location by plwcxl construQion
on available land and/or Incorporation of adjacent facilities (i.e. the Juvenile DctentioD slto).
b. Investipte lAd analyze 1hc feasibility of demolition and reconstrUction of all or pet of the axlstiD& original
(1982) facility with a new, potcntially multi-level facility.
l~"l JlJyk:~ 1....,0, S~ile ZUl. "')IL MY"". 1<l1U1U. H~U7
1'10:>"" .!.'19 c\j(1 1121~1 . "lIT l:;q-'l$t.~311.1 . "_,.cl1cn~bb.li,,,o," . A,d,u,"1n". 1 ;""0'_ N.\, ,\J\ nUl'I)7
~'\3005 ~.......\2G06-lI2.Z 011..... Joil_ P~f1' CoIIiar 1IiI_~ U~ &Ik lIUOCIIIOU.....
hpluf)
01/20/200B 12:14 FAX 2394813303
SCHENKELSHULTZ-FTM
Agenda ItEinOlQe/El@j~A
April 25,2006
Page 5 of 7
proposal for profi::ssional services
Collier County Jail Master Planning
ll11JUVy 20, 2006
3. ProDOGed new lail facility II a seD'" IOI'ellll Field) si. - Dc\IelopmCDt of a facility to supplement tile preaent
Naplei and Immokalec JaIJ facilities III an iDdcpCDdcnt sm IS idca1ified by Collier County.
a. ADalYiis 'WIll inc::lude archUec:tunll program development, imnate population trends, and general population
and danograpbic uends, Working with the end user, die Designers will also malyze special nc:c:ds
componcms such as Medical md Meatal Health and 1he possibility of cen1nJ.lizinS operations for intake,
medical, jlMlllile, work release, etc.
b, The Designers will analyze a ailll!U.llll site and provide constnirrts and opportunities with the development
of site witb respect to civil de$ign and utility availability. Tflhc County wants additiooal sitcs .analyzed, the
Designers reserve the right to request additiona1 fees to llCCOIIlpli&h this work.
e. Unless directed otherwise, the Designers will provide IOlutious to mIXiIl1izc tho USe of the site to
accommodate 111 cunent and near.future needs of the Sheriff's Department. We envision that the lohltiom
provided could be phased over time in inCl'ClllCJ1t1 of 3, 5, and 10 years. Colt estimates for cons1Jucnon
oal)' will also be provided M previously disc\1ssed, In this scenario, land acquisition l:osts may OJ may not
be included IS available.
Sped.' COlIdltioU:
I. Due to the eumm.t voIaulity in the construction mlJ'kct, cost estimalcs provided by the Dealgn professionall !lhall
be uti1i~ by the Owner only as a plazusios guide or tool for reference and comparison. The Owner should
BDticipate potClltially radical ohuges in the f~ .mounts for each phllSe or sllCDmo pRSCIdcd, particularly
with respect to projectQf time lines,
1. Two (2) ~or dcliverables are mlicipaU:d; cltaft copy of the report sixty (60) days from Owner's notice to
proceed and final report document to be provided ninety (90) days folJowinc OWller's approval of the draft
report. The proposed study sha.ll inCQrponMe the following phased proeedurea:
Phase I: . Project Start.up
. Preliminary AssellSment and Overview
- Departmllllt5 and COrIt8Ct Individuals Identified
Phase ll: - Invcntory/Alaesamem ofExistiq FacilitiCll
- Data Collection
- Facility ASIe9l1t1ent
. Existing Opcratiooal Review and Definition
Phase m: - ProgramminglUpdBtc Study
. Initial Department Interviews
- Develop Space Need Requirementl for 2009.2012, and 2016
- Review Draft with Owner/Uller
- RcflllelUpdate Programming Document
- Review wi1h OwDerlUscr
. Pinali~ Programming Documef1t
Phuc; IV: - AnJlysislConcept Development
. Organize Programmiq Requirements IIlNting CIIIlCIlt and future needs - considering Site
Impact. SecuritY. CodeJUfe Safety, 1ntcmal Access and Circulation, Acljacen.c:ies, Phasing. and
Service Requirements.
- Develop ReplH1
. Review with OwncrlU;er
. Finalize Report
~\2O(l6_~ "'-11\2OIllI..D22 CDIliIr JU\ __.~ eonicr llil ~_~ 011005 "'JOlIOClOO,eec
p.. hU
01/20/2008 12:14 FAX 2354813303
SCHENKELSHULTZ-FTM
Agenda 1~~~6?q~E4
April 25, 2006
Page 6 of 7
propo6Il for professiODal services
Collier County Jail Muter P1aImiq
Jal'Illaf)' 20, 2006
3. AmIl)'lis for _h lite will include the followin! propotwd EDsiDOCrina eoneultanlS III required:
Civil:
~cchaDieal:
EJoWtcaI:
Pood Service:
Correc:tiOD8l:
WU,onMlller. 1:00.
TLC EnclMOI'IIlI for An:bit.ec:tuR
n.c Er1JlneeriD8 for Ard1itc:cNrc
FishDWI .I; Alsoci8lCS
Comctional PIIanina Services
4. The subject report wiD be based \Ipo1I the folloWin& informatlon.u provided by the User group in COllojunc::cion
with Coltier County fecilidea Manapmsnt as required:
a. Inmabl population 1rCD.ds,
b. OcnmI populefionlclcrnOlP'Phic trauIs.
c. ~ development 1It.m 1ocetioIl.
d. 8illO aflalYJi. lit the ImmolWoc and Collier Qovemmcnt Center.
CO.peDutioll for Servic.. (per the at1IIcbecI Fee Br..kdOWll):
Ninety-six Tbou8and Four H1JIIlInd Ninety Dollars and NoflOO ($ 96,490.00)
ArchilectUIal
Ccncctional
civil
MecbanicallElectrioalIPlumbloi
Food Service .
Tout
S 43,775,00
S 25,000.00
$ 13.165.00
S 10,800,00
S 3.750.00
S 96,490.00
Rea.......bU Es.peIIa...;
Reimbmnble cxpcD5e1 IUCh II out-ofo4OWJ1 tm'CL priDtin1l1llUi pOstlac fA) iftCludc courier service ahall be billed lit
diROt CIOlt or such exptmlISD~t.eed S 15,000.00,
Additioall !:rpeues:
1. Coostruction, bid, arui permit documOllts.
2. Collier county SDP reviews.
3. Site 5W'V'l')'.
Ac:tditionIl services required beyond basic: .cope s.ball be neaotiatcd on an as noecled basi. lit which timI a proposal
for additional services will be providecl
Accepted by Arc:ldtectl
Aa:eptOd by Onerl
Colliec County Govenwcot
signature
OPKJcfm
Ntme lIftd Ti1ie (printed)
CO; CbItIII; QoodmaISCHENKBLSHULTZ
Marty MJllu/8CHENK&LSHUL 1'Z
BJ BruDdaplSCHENKELSHUL TZ
2()()OOO()Imklg file
-
Dele
J(,'\2lIlIlI WodoltilltW* .....~0lIIiIr .IaII MoIlot.l'lUllill\Nl' Col.... Jd u-...... 0121106 _~ ilIoc
..... hr3
01/20/2008 12:14 FAX 2394813303
3CHEHKELSHULTZ-FT~
Agenda 1~r9P~6?~~E4
April 25, 2006
Page 7 of 7
COLLIER COUNTY JAIL MASTER PLANNING
FEE BREAKDOWN
Total RD.", Hoarl\' ~ ImIl
ArWfa:tun.j
Principal ~ 200 @ $110,00 "" $22,000.00
Senior Arcbib;t 3' @ SI00.00 S3joo.OO
Project Manarcc 200 @ 585.00 S17,000.00
Clerical 30 @ $042,50 51.275.00
$43,715,00
Cornctionl CODIIlltaIll:
Consultmt 200 @ $12.5.00 "" $25.000.00
$25,000,00
CjyiJ
Professional Consultant, Level S 60 @ $12S,OO $7,SOO.OO
FieJd Tecbnicim, Level 3 25 @ 510.00 . $1.750.00
Geognpbic In:formIIIion Sy!llall5 SpcdaJist, Lcwcl4 35 @ $105,00 - S3.675,00
AdmiDittnltive Mslltant, Levell 6 @ $40.00 '= Wl!JlJ!
SI3,165.00
Mecb.aIcaIlEleetriaIlJ'lI!,JPbia,
PrIncipal 15 @ SI~.OO . S2,~O.OO
Project Maaqcv'ScaiorEogincer 50 @ $100.00 $5,000.00
~nccr n 40 @ $10.00 . $3,200,00
Clerical 10 @ $35.00 "" ~
$10,800.00
Food Service
ConsulWIt 30 @ 5125,00 $3.750.00
53.750.00
TOTAL $96,.!JO.OO
Agenda Item No, 16E5
April 25, 2006
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to approve a Novation Agreement substituting the law firm of Young
van Assenderp, P.A. for the law firm of Landers & Parsons, P.A. in the Continuing
Retention Agreement dated January 9, 2001
OBJECTIVE: To substitute the law firm of Young van Assenderp, P,A. for the law firm of
Landers & Parsons, P.A. in the Continuing Retention Agreement due to the joining of the firms,
CONSIDERATIONS: The Continuing Retention Agreement dated January 9, 2001, BCC
Agenda Item 16(L)(3), was executed by and between Landers & Parsons, P,A. and Collier
County, to which Young van Assenderp, P,A. has become a successor in interest by the joining
of all of the members of Landers & Parsons, P,A. with Young van Assenderp, P,A. The
Continuing Retention Agreement includes assignments to the law firm from time to time through
the County Attorney's Office, and in particular for legal work with regard to solid waste
management performed on behalf of the Solid Waste Department.
The members of Parsons & Landers, P,A. joined the firm of Young van Assenderp, P,A.
effective January 1, 2006, County staff was notified in an email dated January 5, 2006 of the
joining of the assets and members of each of the firms, Following the procurement
administration procedures, staff has acquired a Novation Agreement which effectively
substitutes the law firm of Young van Assenderp, P,A. for Landers & Parsons, P,A.
FISCAL IMPACT: There is no fiscal impact incurred by this action,
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners:
1, Approves the Novation Agreement substituting Landers & Parsons, P.A. with
Young van Assenderp, P.A.,
2, Release Landerson & Parsons, P,A. from liability after the effective date of
this consent, and
3, Authorize the Chairman to execute the Novation Agreement after review and
approval by County Attorney,
Prepared by: Lyn M. Wood, Contract Specialist, Purchasing
,""-'"
Agenda Item No, 16E5
April 25, 2006
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16E5
Meeting Date:
Recommendation to approve a Novation Agreement substituting the law firm of Young van
Assenderp, PA for the law firm of Landers & Parsons, PA in the Continuing Retention
Agreement dated January 9, 2001,
4/25/20069:00:00 AM
Item Summary:
Prepared By
Lyn Wood
Purchasing Agent
Date
Administrative Services
Purchasing
4/12/20068:51 :39 AM
Approved By
Lyn Wood
Purchasing Agent
Date
Administrative Services
Purchasing
4/12120063:57 PM
Approved By
Mary Beck
Executive Secretary
Date
Administrative Services
Administrative Services Admin,
4/12/20064:45 PM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
4/13/2006 10:01 AM
Approved By
Len Golden Price
Administrative Services Administrator
Date
Administrative Services
Administrative Services Admin,
4/13/200612:37 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/13/20061 :55 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4113/2006 1 :58 PM
Approved By
Leo E. Ochs, Jr,
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/17/200611:16 AM
Agenda Item No, 16E5
April 25, 2006
Page 3 of 6
NOVATION AGREEMENT BETWEEN
COLLIER COUNTY,
Landers & Parsons, P.A. (CONTRACTORl),
AND
Young van Assenderp, P.A. (CONTRACTOR2)
THIS NOVATION AGREEMENT, dated this _ day of ,2006, is made and entered into by and
among Collier County, Florida, a political subdivision of the State of Florida (the "COUNTY"); Landers & Parsons, P A.
("CONTRACTOR1"); and Young van Assenderp, PA. (''CONTRACTOR2''), which three entities shall be referred to
collectively as the "PARTIES" and individually as "PARTY".
WITNESSETH
WHEREAS, CONTRACTOR I was previously selected as a contractor for such purposes as are more particularly
described in Continuing Retention Alrreement dated January ----> 2001 as modified or amended (the "AGREEMENr''), a
copy of which is attached hereto as Exlnbit I and is made a part for all purposes; and
WHEREAS, CONTRACTOR I has represented to the COUN1Y that CONTRACTOR I has merged, in effect, with
CONTRACTOR2, resulting in the merged entity which retains the identity ofCONTRACTOR2 for all purposes;
WHEREAS, the COUNTY, CONTRACTOR I and CONTRACTOR2 each desire to effectuate the purposes
described herein in a manner that will ensure continuous and lIDinterrupted services to the COUNlY as set forth in the
AGREEMENT; and
WHEREAS, CONTRACTOR2 represents that it will comply with the terms of the AGREEMENl which have
been applicable to CONTRACTORI; and
WHEREAS, based upon the representations of CONTRACTOR2, the PARTIES are in agreement that
CONTRACTOR2 is the successor in interest to CONTRACTOR I and that therefore CONTRACTOR2 should replace
CONTRACTOR I as the contractor whose duties are described in the AGREEMENT; and
WHEREAS, CONTRACTOR2 agrees to assume all duties, obligation and responsibilities set forth in the
AGREEMENT as applicable to CONTRACTORI, without limitation, upon the effective date of this NOVATION
AGREEMENT; and
WHEREAS, the COUNTY and CONTRACTOR I agree to substitute CONTRACTOR2 for CONTRACTORI in
the AGREEMENT and to allow CONTRACTOR2 to assume all duties, obligation and responsibilities contained therein as
applicable to CONTRACTORI.
NOW THEREFORE, in consideration of these mutual covenants and provisions, the COUN1Y,
CONTRACTORI, and CONTRACTOR2 hereby agree to the following:
1. The above recitals are true and correct and are incorporated into this NOVATION AGREEMENT for all purposes.
2, The PARTIES acknowledge the existence and previous validity of the AGREEMENT between the COUNTY and
CONTRACTOR I as described above and as incorporated as Exhibit 1. The PARTIES further acknowledge that
each PARTY to this NOVATION AGREEMENT has read the previous AGREEMENT (attached as Exhibit I),
3, The PARTIES all mutually agree to form a new contract, which is memorialized exclusively by the terms
contained in this NOVATION AGREEMENT.
4, The PARTIES all mutually agree to the extinguishment of the original AGREEMENT for the reasons set forth
above and that as of the date of its adoption, this NOVA TrON AGREEMENT shall therefore replace and take the
place of the AGREEMENT,
5, The PARTIES all mutually agree that this NOVATION AGREEMENT is legally binding upon each of them and
that the NOVATION AGREEMENT is legally valid,
6, The COUNTY therefore agrees to transfer to CONTRACTOR2 all duties, obligations and responsibilities that the
AGREEMENT attributes to CONTRACTORI, effective as ofJanuary 1,2006.
7, CONTRACTOR2 agrees to comply with all provisions of the AGREEMENT which were applicable to
CONTRACTOR I immediately prior to the effective date, and CONTRACTOR2 further agrees to be bound by the
terms and conditions of the AGREEMENT in all respects as if CONTRACTOR2 was the original party to the
AGREEMENT in lieu of CONTRACTOR I ,
8, The COUNTY and CONTRACTOR2 agree to be bound by the terms of this NOVATION AGREEMENT. upon
its effective date.
Agenda Item No, 16E5
April 25, 2006
Page 4 of 6
8. The COUNTY and CONTRACTOR2 agree to be bound by the te11llS of this NOVATION AGREEMENT, upon
its effective date, which is January 1,2006,
9, All notices required or made pursuant to this Agreement by the COUNTY to CONTRACTOR2 shall be deemed
duly served if delivered by U,S, Mail, E-mail or Facsimile, addressed to the following:
Name: David S, Dee
Address: Young van Assenderp, P ,A,
Gallie's Hall
225 South Adams Street, Suite 200
Post Office Box 1833 (32302-1833)
Tallahassee, Florida 32301
Facsimile: 850/561-6834
ddee~vvlaw,net
All notices required or made pursuant to this Agreement by CONTRACTOR2 to COUNTY shall be deemed duly
served if delivered by U,S, Mail, E-mail or Facsimile, addressed to the following:
David Weigel, County Attorney
Collier County Board of County Commissioners
3301 Tamiami Trail East
Naples, Florida 34112
Facsimile: 239/774-0225
davidweigel@colliergov,net
10, The PARTIES each represent as an express term of this NOVATION AGREEMENT, that each PARTY signing
below has the authority to bind the entity for which each signature is purported to represent.
II. By signing below, both CONTRACTOR2 and CONTRACTORl represent that CONTRACTOR I has effectively
merged into CONTRACTOR2, that CONTRACTORI is being dissolved and will no longer exist as a separate
legal entity for any purposes, and that CONTRACTOR2 has the means and resources to perform the obligations
described above,
IN WITNESS WHEREOF, the PARTIES have executed this NOVATION AGREEMENT effective the date stated
above,
ATTEST: DWIGHT BROCK
CLERK OF THE CIRCUIT COURT
COUNTY: BOARD OF COUNTY COMMISSIONERS OF
COLLffiR COUNTY FLORIDA
BY:
DEPUTY CLERK
BY:
Frank Halas, Chairman
1:r~. L
AUTHORIZED SIGNATURE
bo..~J ~, be-e-
PRINTED NAME
S/....~ k(~
TITLE
3/;]. 7 /0 b
DATE I
DATE
Approved as to form
and legal sufficiency:
COUNTY ATTORNEY
By:
Assistant County Attorney
File
Approval
Date
Dept.
2
Purchasing
Agenda Item No, 16E5
April 25, 2006
Page 5 of 6
ACKNOWLEDGEMENT OF CONTRACTOR!. IF A CORPORATION
STATEO~~UNTYOF ~ 1lr1 "
Th, '='0'" '",lnmren' w"' "know)"", bofure m, ~y o~yy t:a. ill d 6. L:e e
(name of officer or agent, title of officer of agent) ~, e r5f{~rporation acknowledging) a
~
(state or place of incorporation) corporation, on behalf of the corporation, pursuant to the powers
conferred upon said officer or agent by the corporation, He/she personally appeared before me at the time of notarization,
an~ersonally known to ~r has produced as identification and did certify to have
knowledge of the matters stated in the foregoing instrument and certified the same to be true in all respects,
Subs 'bed and sworn to affirme fore ~ o~o~ '
ission Number
NANCI C, WATKINS
MY COMMISSION II DO 229623
EXPIRES: July 7, 'lI1Jl
Bondod nnu Nomry PullIIc UnderwrIters
ACKNOWLEDGEMENT OF CONTRACTOR!, IF A PARTNERSHIP
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
,200_, by
(name of acknowledging partner or agent), partner (or agent) on behalf of
, a partnership,
He/she personally appeared before me at the time of notarization, and is personally known to me or has produced
as identification and did certify to have knowledge of the matters stated in the foregoing instrument
and certified the same to be true in all respects,
Subscribed and sworn to (or affirmed) before me this _ day of
,200_,
Commission Number
(Official Notary Signature and Notary Seal)
Commission Expiration Date
(Name of Notary typed, printed or stamped)
ACKNOWLEDGEMENT OF CONTRACTOR!, IF AN INDIVIDUAL
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
,200_, by
(name of person acknowledging), who personally appeared before me at the time notarization, and is personally Imow to me
or has produced
as identification and did certify to have knowledge of the matters stated in the
foregoing instrument and certified the same to be true in all respects.
Subscribed and sworn to (or affirmed) before me this _ day of
,200 ,
Commission Number
(Official Notary Signature and Notary Seal)
Commission Expiration Date
(Name of Notary typed, printed or stamped)
3
Agenda Item No, 16E5
April 25, 2006
Page 6 of 6
ACKNOWLEDGEMENT OF CONTRACTOR2, IF A CORPORATION
STATEO"!Jh~OUNrYOF ~'I:L 0 ·
The foregoing instrument was acknowledged before me ~ oay ot-f([OAd. 20~y ~UJ d.;IlL
(name of officer or agent, title of officer of agent) 0 e rp~tfoi Ukhowledging) a
~A Q.....; (state or place of incorpora n) corporation, on behalf of the corporation, pursuant to the powers
conferred upon said officer or agent by the corporation, He/she personally appeared before me at the time of notarization,
~onally known ~has produced as identification and did certify to have
knowledge of the matters stated in the foregoing instrument and certified the same to be true in all respects,
Subscri d and sworn to (or affirmed for e !.'~;J!1!1;;/~~.0rf.p
ission Number
~
60rrunission Expiration Date
NANCI C. WATKINS
MY COMMISSION # DO 229623
EXPIRES: July 7, 2007
Bonded ThlU Nolary PUJlIc UncI8rMIlera
ACKNOWLEDGEMENT OF CONTRACTOR!, IF A PARTNERSIUP
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
,200_, by
(name of acknowledging partner or agent), partner (or agent) on behalf of
, a partnership,
He/she personally appeared before me at the time of notarization, and is personally known to me or has produced
as identification and did certify to have knowledge of the matters stated in the foregoing instrument
and certified the same to be true in all respects,
Subscribed and sworn to (or affumed) before me this _ day of
,200_"
Commission Number
(Official Notary Signature and Notary Seal)
Commission Expiration Date
(Name of Notary typed, printed or stamped)
STATE OF
ACKNOWLEDGEMENT OF CONTRACTOR!. IF AN INDIVIDUAL
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of
.200_, by
(name of person acknowledging), who personally appeared before me at the time notarization, and is personally know to me
or has produced
as identification and did certify to have knowledge of the matters stated in the
foregoing instrument and certified the same to be true in all respects,
Subscribed and sworn to (or affirmed) before me this _ day of
,200_,
Commission Number
(Official Notary Signature and Notary Seal)
Commission Expiration Date
(Name of Notary typed, printed or stamped)
4
EXECUTIVE SUMMARY
Agenda Item No. 16E6
April 25, 2006
Page 1 of 1 5
Recommendation to award Bid no. 06-3949 Contract Printing Services
OBJECTIVE: That the Board of County Commissioners award Bid 06-3949 for
contract printing services in five (5) categories,
CONSIDERATIONS: Collier County has printing need for standard forms. This
service is outsourced to save staff time and tax dollars,
On January 30, 2006, bids were solicited from 21 firms who provide these
services, On February 22, 2006, four (4) bids were received and staff recommends
award in the following categories,
1, Flat Forms: Ray Lepar Printing, Primary; Cecil's Copy Shop, Secondary
2. Carbon less Forms: Another Printer, Primary; Ray Lepar, Secondary
3. Envelopes: Ray Lepar Printing, Primary; Another Printer, Secondary
4. Business Cards: Ray Lepar Printing, Primary; Cecil's Copy Shop,
Secondary
5, Special Forms: Another Printer, Primary; Cecil's Copy Shop, Secondary
FISCAL IMPACT: Funds are budgeted in the departments operating budgets,
...,.'--.
GROWTH MANAGEMENT IMPACT: There is no impact on the Collier County
Growth Management Plan,
RECOMMENDATIONS: That the Board of County Commissioners award bid 06-
3949 as outlined above.
Submitted by: Scott D, Johnson, Purchasing Agent
..,,,,-,,
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 16E6
April 25, 2006
Page2of15
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E6
Recommendation to award Bid No, 06-3949 Contract Printing Services,
4/25/20069:00:00 AM
Approved By
Scott Johnson
Administrative Services
Purchasing Agent
Date
Approved By
Purchasing
4/11/20063:29 PM
Steve Carnell
Administrative Services
Purchasing/General Svcs Director
Date
Approved By
Purchasing
4/12/20063:00 PM
Mike Hauer
Administrative Services
Acquisition Manager
Date
Purchasing
4/12/20064:10 PM
Approved By
Len Golden Price
Administrative Services
Administrative Services Administrator
Date
Administrative Services Admin.
4/12/20065:25 PM
Approved By
OMS Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
4/13/2006 1 :27 PM
Approved By
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
4/13/20064:24 PM
Approved By
Leo E. Ochs, Jr,
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/13/20064:50 PM
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Agenda Item No. 16E7
April 25, 2006
Page 1 of 6
EXECUTIVE SUMMARY
Recommendation to award Work Order #VC-02-68, in the amount of $106,350
to Wm. J. Varian Construction Company for the project known as "Domestic
Animal Services Concrete Kennel Pads and Canopies" issued under Annual
General Contractor Contract RFP #02-3349.
OBJECTIVE: To obtain approval from the Board of County Commissioners to award
Work Order #VC-02-68, in the amount of $106,350 to Wm. J. Varian Construction
Company for the construction of concrete pads and aluminum canopies at two existing
outdoor dog kennels, The present kennels are constructed with stone pads which are
difficult to sanitize and pose a health risk to the animals, Currently the kennels are
exposed to the elements and for the welfare of the animals the Department would like to
provide overhead shelter,
CONSIDERATIONS: Quotes were solicited from three (3) general contractors bound by
the terms of the Annual General Contractor Contract RFP # 02-3349 for the above-
referenced project based on a defined project scope,
-
Two contractors did not quote in accordance with the prescribed project scope of work
thereby invalidating their proposals,
One contractor, Wm, J, Varian Construction, responded with a proposal that
encompassed the full scope of the project in the amount of $106,350.
FISCAL IMPACT: The total cost of this project is $106,350, Funds are available in Fund
001, Fund Center 155410,
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary,
RECOMMENDATIONS: That the Board of County Commissioners authorizes the
Department of Facilities Management Director to sign the appropriate Work Order with
Wm, J, Varian Construction Company for services described herein,
PREPARED BY: Michael LoBello, Project Manager, Department of Facilities
Management
,-.
Item Number:
Item Summary:
Meeting Date:
Agenda Item No, 16E7
April 25, 2006
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16E7
Recommendation to award work order VC 02-68 in the amount of $106,350 to Wm, J, Varian
Construction Company for the project known as "Domestic Animal Services Concrete Kennel
Pads and Canopies" issued under Annual General Contractor Contract RFP 02-3349,
4/25/20069:00:00 AM
Prepared By
Pat Pochopin
Administrative Services
Administrative Assistant
Date
Approved By
Facilities Management
4/11/200612:24:44 PM
Damon Gonzales
Administrative Services
Interim Facilities Manager
Date
Facilities Management
4/11120064:52 PM
Approved By
Skip Camp, C,F.M.
Administrative Services
Facilities Management Director
Date
Facilities Management
4/11/20065:57 PM
Approved By
Scott Johnson
Administrative Services
Purchasing Agent
Date
Approved By
Purchasing
4112/20064:13 PM
Linda Best
Administrative Services
Contracts Agent
Date
Purchasing
4112/20064:52 PM
Approved By
Steve Carnell
Administrative Services
Purchasing/General Svcs Director
Date
Purchasing
4/13120062:24 PM
Approved By
Len Golden Price
Administrative Services
Administrative Services Administrator
Date
Approved By
Administrative Services Admin.
4/13/20064:19 PM
Michael Smykowski
County Manager's Office
Management & Budget Director
Date
Office of Management & Budget
4/13/2006 5: 14 PM
Approved By
Leo E. Ochs, Jr,
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
41141200611:25 AM
WORK ORDER # VC-02-68
Agenda Item No. 16E7
April 25,2006
Page 3 of 6
"General Contractor's Services"
Pursuant to Contract #02-3349, dated June 11, 2002
This Work Order is for general contracting services, subject to the
terms and conditions of the Contract referenced above, for Work Project
known as: ~Domestic Animal Services Kennel Pads and Canopy"
PROJECT:
This work is specified in the proposal dated March 11, 2006 from Wm. J.
Varian Construction Company, which is attached hereto and made a part of
this Work Order. In accordance with Terms and Conditions of the
Agreement referenced above, Work Order #VC-02-68 is hereby assigned to
Wm. J. Varian Construction Company.
Scope of Work:
Task I: Supply materials, design drawings and all labor for the
following:
· Remove and dispose of existing gravel base material, and grade
site at two (2) kennels.
· Grade area; form, place and finish two (2) 4" thick concrete
slabs, 38'x48', with 8" thickened edges. Provide trench drains,
necessary plumbing and concrete pitch to properly drain
kennels.
· Provide two (2) 20'x 38' welded aluminum canopies with canvas
covers. Provide footings as necessary. Apply a bituminous
coating to all aluminum in contact with concrete.
· Cut bottom of existing chain link fence to clear new concrete
slabs. Install rigid horizontal pipe along base of fence and
fasten as required.
· Includes fees for acquiring all permits.
Schedule of Work: Complete within sixty (60) days of permit approval.
Liquidated Damages: Per fixed price contract
Compensation: In accordance with Item 3 of the Agreement, the County
will compensate the Firm in accordance with the negotiated lump sum
amount as follows:
LUMP SUM TOTAL:
$106,350.00
Any change made subsequent to final department approval
considered an additional service and charged according to an
Change Order in accord with Exhibit D to the Agreement.
will be
executed
REVIEWED BY:
Skip Camp, Director Date
Department of Facilities Management
ATTEST:
Dwight E. Brock, Clerk
By:
Deputy Clerk
Date
ATTEST:
(Corporate Secretary)
By:
Typed Name and Title
(OR) Two (2) witnesses
(I )
Signature, First Witness
(Print Name) First Witness
Approved as to Form
and Legal Sufficiency:
--
P~Uw--
/6,^,,-
Tom Palmer,
Assistant County
Attorney
Agenda Item No. 16E7
BOARD OF COUNTY COMMISSIONERS April 25, 2006
Collier County, Florida Page 4 of 6
By:
>
By:
Frank Halas, Chairman
CONTRACTOR:
Signature
(2 )
Signature, Second Witness
(Print Name) Second Witness
,.
· .. - -ii.;..,
Mar 11 06 06:33a
ldm J Varian
239 352 6396 Agenda Item NB,.fbE7
April 25, 2006
Page 5 of 6
PROPOSAL
WM. J. VARIAN CONSTRUCTION COMPANY
880 23rd St. SW
Naples, FI34117
PHONE: 239-775-1178 FAX: 239-732-0820
CGC 061412
CCC 057950
DATE: March II, 2006
SUBMfITED TO:
Mr. Mike LeBella
Project Manager
Facilities Management
Collier Government
3301 Tamiami Trail E.
Naples, Fl 34112
WORK PERFORMED AT:
Domestic Animal Services
Rear Shelters
Davis Blvd., Naples
WE HEREBY PROPOSE TO FURNISH THE MATERIALS AND PERFORM
THE LABOR NECESSARYTO COMPLETE THE BELOW LISTED WORK:
General:
Supply working drawings for all permitting including Engineer and Architect for SIP
Work (an allowance of$5.ooo.oo is included)
Obtain Building permit (Fee allowance $500.00)
Supply dumpster and or remove debris from site
Supply proper supervision for all contractor trades
DemoUtion:
Roll back fence for access to site
Remove gravel and grade as required for new concrete
Concrete:
4" concrete slab with fiber mesh- 3000# concrete poured monolithica1ly with 8"
thickened edges- light broom finish to match existing
This will be for (2) 38'x 48' slabs pitched to the trench drains- one for each kennel area
Footings as required for canopy
We will form and pom concrete troughs for drainage to match existing
We will apply bituminous coating to existing aluminum frame work before concrete pour
1
.f
~~
Mar 11 06 06:45a
11Im J Varian
239 352 6396Agenda Item Ncp'JElE7
April 25, 2006
Page 6 of 6
Specialties:
Labor and materials for (2) 20'x 38' hipped roof canopies with welded alumimnn mill
finish frames with choice of standard flame retardant canvas material to match existing
PlumbiDg:
Labor and materials for a complete job to include the installation of (4) pve Sewer
laterals connecting into existing sanitary drain piping
The (4) laterals will have a standard drain grate inside each of the concrete trough drians
Landscaping:
Cut as required bottom of chain link fence fabric to elevation as required to clear
proposed concrete and install rigid horizontal pipe along perimeter. Fasten pipe to
concrete as required
OWNER RESPONSmLE FOR:
ASSOCIATION APPROVAL IF REQUIRED
ALL MATERIAL IS GUARANTEED TO BE AS SPECIFIED AND THE ABOVE
WORK TO BE PERFORMED AND COMPLETED IN A SUBSTANTIAL
WORKMANLIKE MANNER FOR THE SUM OF:
One Handred Six Thousand Three Hundred Fifty Dollars aud 001106-
(5106,350.00)
PAYMENT SCHEDULE TO BE AGREED AT SIGNING.
RESPECTFULLY SUBMITfED:
ACCEPTED:
WM. J. VARIAN CONSTRUCTION CO.
BY
(0~
William J. Varian, CGR, CAPS
PRESmENT
BY
NOTE: TIllS PROPOSAL IS GOOD FOR nnRTY (30) DAYS.
05-182 REV
2
Agenda Item No, 16F1
April 25, 2006
Page 1 of 6
EXECUTIVE SUMMARY
Approve Isles of Capri Fire and Rescue District's application for a matching
(50/50) grant offered by Florida Division of Forestry in the amount of
$3,996.00 and approve the necessary budget amendments to recognize and
appropriate revenue.
OBJECTIVE: To obtain Board of County Commissioner's approval of an application
for a Volunteer Fire Assistance matching (SO/50) grant for the purchase of wild land
frrefighting equipment and approval of the necessary budget amendments.
CONSIDERATIONS: Isles of Capri Fire and Rescue District has received this type of
grant from the Division of Forestry in past years. The grant has been used to purchase
equipment to improve firefighter safety and firefighting capabilities.
FISCAL IMP ACT: The total cost of the equipment requested this year is $3,996.00.
As this is a SO/50 matching grant, the Division of Forestry will pay $1,998,00 leaving the
Isles of Capri Fire/Rescue department to provide $1,998.00 from the contingencies line of
fund of 144 (Isles of Capri Fire Rescue), Budget amendments will be needed in order to
transfer funds to Fund 118, Emergency Management and Fire Grants.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact
associated with this Executive Summary,
RECOMMENDATION: That the Board of County Commissioners authorize the
Chairman to sign the Florida Division of Forestry Volunteer Fire Assistance Grant
application and approve the budget amendments needed upon award of the grant.
Prepared by: Emilio Rodriguez, Fire Chief
.....-...
Agenda Item No. 16F1
April 25, 2006
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16F1
Approve Isles of Capri Fire and Rescue District's application for a matching (50/50)grant
offered by Florida Division of Forestry in the amount of $3,996,00 and approve the necessary
budget amendments to recognize and appropriate revenue,
Meeting Date:
4/25/20069:00:00 AM
Prepared By
Rod Rodriguez
Board of County
Commissioners
Fire Chief
Date
Isles of Capri Fire Rescue
4/6120062:52:55 PM
Approved By
Darcy Waldron
Senior Administrative Assistant
Date
County Manager's Office
Emergency Management
4/6/2006 2:52 PM
Approved By
Marlene J. Foord
Grants Coordinator
Date
Administrative Services
Administrative Services Admin.
4/7/20069:26 AM
Approved By
Dan E. Summers
Bureau of Emergency Services Director
Date
County Manager's Office
Bureau of Emergency Services
4/7/20061:51 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/10/200610:59 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/13/2006 1 :32 PM
Approved By
Leo E. Ochs, Jr,
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/13/20064:33 PM
a~22/2BB6 15:53
2393945862
ISLES CF CAPRI FIRE
Agenda ItefilAB6. 18[1
April 25, 2006
Page 3 of 6
, , .
r
.
-
Florida Department of Agriculture and Consumer Services
Division of Fcnstry
VOLUNTEER FIRE ASSISTANCE GRANT APPUCAnON
.
CHMU!llL_
. I ~
CITY
175 Capri: Bled
Naples
FORM OF
N: (M1miGlpa1.
Non.f>roftl, Caunty)
AbDRESS
.J,
IS FIRE DEPARTMENT L.OCA~ IN AN INCORPORATED TOWN?
YES [J NO ii IF YES. NAME OF TOWN: I
POPULATION OF TOWN: I
PROTECTED AREA: EST. POPULA l7ON'l 3, 200 SIZE: (SQ, AllLES)1 19
WHAT IS THE FIRe DEPARTMENT ISO RATING? I 4
IS FIRE DEPARTMENT NIIIS COMPLIANT? YeS:fI NO 0
CURRENT COOP!AAl1VE AGREEMeNT Willi OaF? ves:lil NO D
DISTANCE 0" CI.OSEST MUTUAL AID FIRE DEPARTMENT:1 3
NAME: OF FIRE DEPARTMENT: t ..,
Island
NUt.t!ER OF FIREFIGHTERS: PAIl>: ~ 1fOLUIV7EERS: r-r
NO, OF INCIDENTS PAST YEAR: WIlDLAND FlRE:r;-- OTHlSt: l1074-
NO, OF FIftEFIGHTERS CERTIFIED 1>8:
WILDLAND RREFlGHTER I ru WIL.DLAND FlRel'lGHT2Ff" r3'
HAS APPLICANT ReCEM;D GRANT FUNDS FROM Nl.YSOURCE IN
lHE PI\ST 12 MONTHS? YES g. NO D
IF YES. WHERE? I FEMA .
AMOUNT: $ I
250, 000
lIST TOTAL FUNDS REcE1VEO FROM OTHER TAXING AUTHORmES
SUCH AS CrN. COUNTY, TAXING DlSTRlcrs (P8Sl12 Maithe)
......OUNT: I t 0
10 H1a.es:
TYPE
Brush
gl.Ile
Engine
PUMP CAPACITY (GPM)
350
WATER CAPACITY (GAL)
750
ESTIMATED GRANT FUNDING RE;QuEsi: LIST OF EQUIPMENT ~ SUPPLIES TO PURCHASE WITH GRANT FUNes:
FEDERAL $ 1. 998. 00 NUMBeR DESCRIPTION AMOUNT
APPLICANT S 1.998.00 ~7-? Gallons Class A foam 3,264
. . .. ...-... . --- _. .-.. ...- '.
COUNTY S .4. - Rakes 104-
TOTAL $ 3.996.00 .4 ~ .. ' 148
(Fedel1ll not m:n lhan 60% of total. AppIlant at least 50% of - 4 Forestry Shovel 120
tol" ill rn.tchiTlg fund.s.) 4 ~e 360
' ..
We undet$tend that this Is 8 50 ~nt maxirm.lm cos\-shars PftIgnIITI (Cooperative FonlItry ~r.oe Act d 1978, PL 95-313), and that funds on
dJ;~1 up Jo 60 peroent of Vw actual purchase plica of lha II8m& 8pprtNed wi! be c:ommiIfed 10 our praJect. TO THE BEST OF MY KNOWLEDGE AND
BELIEF. ALL DATA IN llilS APPUCATION ARE TRUE AND CORRECT. Tl1E GOVERNING BODY OF THE APPliCANT HAS OUL Y AIJT'HORlZED
THIS DOCUMENT.
Type me of
tatlve
TlIe
Olairman, Board of
County Ccmnissioners
D.. SIgned
T..'Nlhone Number: ( 239) 394-8770
FAX: ( )
J.e~~~!
.
.....
-~
II:
........
Agenda Item No, 16F1
April 25, 2006
Page 4 of 6
OMB Approval No, 0348-0040
ASSURANCES - NON-CONSTRUCTION PROGRAMS
Note: Certain of these assurances may not be applicable to your project or program, If you have questions, please contact the awarding agency.
Further, certain Federal awarding agencies may require applicants to certify to additional assurances, If such is the case, you will be
notified.
As the dulv authorized representative of the apolicant I certify that the auolicant:
1, Has the legal authority to apply for Federal assistance, and the
institutional, managerial and financial capability (including funds
sufficient to pay the non-Federal share of project costs) to ensure
proper planning, management and completion of the project
described in this application,
2, Will give the awarding agency, the Comptroller General of the
United States, and. if appropriate, the State, through any authorized
representative, access to and the right to examine all records, books,
papers, or documents related, to the award; and will establish a preper
accounting system in accordance with generally accepted accounting
standards or agency directives,
3, Will establish safeguards to prohibit employees from using
their positions for a purpose that constitutes or presents the
appearance of personal or organizational conflict of interest, or
personal gain,
4. Will initiate and complete the work within the applicable time
frame after receipt of approval of the awarding agency,
5: Will comply with the Intergovernmental Personnel Act of 1970
(42 U,S,C. H 4728-4763) relating to prescribed standards for merit
systems for programs funded under one of the nineteen statutes or
regulations specified in Appendix A of OPM's Standards for a Merit
System of Personnel Administration (5 C.FR 900, Subpart F),
6. Will comply with all Federal statutes relating to
nondiscrimination. These include but are not limited to: (a)Title VI
of the Civil Rights Act of 1964 (p.L. 88-352) which prohibits
discrimination on the basis ofrace, color or national origin; (b) Title
IX of the Education Amendments of 1972, as amended (20 U.S,C, SS
1681-1683, and 1685-1686), which prohibits discrimination on the
basis of sex; ( c) Section 504 of the Rehabilitation Act of 1973, as
amended (29 U.S.C, S 794), which prohibits discrimination on the
basis of handicaps; (d) the Age Discrimination Act of 1975, as
amended (42 U.S.C, SS 6101-6107), which prohibits discrimination
on the basis of age;
(e) the Drug Abuse Office and Treatment Act of 1972 (p.L. 92-
255), as amended, relating to nondiscrimination on the basis of drug
abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of ]970 (p.L. 91-616),
as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; (g) SS 523 and 527 of the Public Health Service
Act of 1912 (42 U.S,C, 290-dd-3 and 290 ee-3), as amended, relating
to confidentiality of alcohol and drug abuse patient records; (h) Title
VIII of the Civil Rights Act of 1968 (42 U.S,C, ~ 3601 et seq.), as
amended, relating to nondiscrimination in the sale, rental or financing
of housing; (I) any other nondiscrimination provisions in the specific
statute(s) under which application for Federal assistance is being
made; and 0) the requirements of any other nondiscrimination
statute(s) which may apply to the application,
7. Will comply, or has already complied, with the requirements of
Titles II and ill of the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 (p.L. 961-646) which
provide for fair and equitable treatment of persons displaced or
whose property is acquired as a result of Federal or federally assisted
programs. These requirements apply to all interests in real property
acquired for project purposes regardless of Federal participation in
purchases,
8, Will comply with the,proviswns of the Health Act (5 U.S,c. ~S
1501-1508 and 7324-7328) which limit the political activities of
employees whose principal employment activities are funded in
whole or in part with Federal funds,
9, Will comply, as applicable, with the provisions of the Davis-
Bacon Act (40 U,S,C, S~ 276a to 276a-7), the Copeland Act (40
U,S,c. ~ 276c and 18 U.S,C, SS 874), and the Contract Work Hours
and Safety Standards Act (40 U.S.C. SS 327-333), regarding labor
standards for federally assisted construction subagreements.
10. Will comply, if applicable, with flood insurance purchase
requirements of Section 102 (a) of the Flood Disaster Protection Act
of 1973 (p.L. 93-234) which requires recipients in a special flood
hazard area to participate in the
program and to purchase flood insurance if the total cost of insurable
construction and acquisition of $1 0,000 or more,
11, Will comply with environmental standards which may be
prescribed pursuant to the following: (a) institution of environmental
quality control measures under the National Environmental Policy
Act of 1969 (P,L. 91-190) and Executive Order (EO) 11514; (b)
notification of violating facilities pursuant to EO 11738; (c)
protection of wetlands pursuant to EO 11990; (d) evaluation of flood
hazards in floodplains in accordance with EO 11988; (e) assurance of
project consistency with the approved State management program
developed under the Coastal Zone Management Act of 1972 (16
U.S,C, ~~ 1451 et seq.); (f) conformity of Federal actions to State
(Clear Air) Implementation Plans under Section 176(c) of the Clear
Air Act of 1955, as amended (42 U.S,C, S 7401 et seq,); (g)
protection of underground sources of drinking water under the Safe
Drinking Water Act of 1974, as amended, (p,L. 93-523); and (h)
protection of endangered species under the Endangered Species Act
of 1973, as amended, (P ,L. 93-205).
12, Will comply with the Wild and Scenic Rivers Act of 1968 (16
U,S.C, S~ 1271 et seq.) related to protecting components or potential
components of the national wild and scenic rivers system,
V. B-5 (02105)
AuthorIzed for Local Reproduction
Standard Form 4248 (9-03)Prescribed by OMB Circular A-I02
13, Will assist the awarding agency in assuring compliance with
Section 106 of the National Historic Preservation Act of 1966, as
amended (16 U,S,C, 470), EO 11593 (identification and protection of
historic properties), and the Archeological and Historic Preservation
Act of 1974 (16 U,S,c. 469a-1 et seq,),
research, teaching, or other actiAtj8;f1s\ip~f\by, iliP.Fl1ward of
assistance. April 25, 2006
Page 5 of 6
16, Will comply with the Lead-Based Paint Poisoning Prevention
Act (42 US,C, ~~ 4801 et seq.) which prohibits the use of lead b'
paint in construction or rehabilitation of residence structures,
14, Will comply with P,L. 93-348 regarding the protection of
human subjects involved in research, development, and related
activities supported by this award of assistance.
17, Will cause to be perfonned the required fmancial and
compliance audits in accordance with the Single Audit Act of 1984,
15, Will comply with the Laboratory Animal Welfare Act of 1966
(P,L. 89-544, as amended, 7 U,S,C, 2131 et seq,) pertaining to the
care, handling, and treatment of wann blooded animals held for
18, Will comply with all applicable requirements of all other
Federal laws, executive orders, regulations and policies governing
this program,
SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE
Chairman, Board of County
Commissioners
APPLICANT ORGANIZA nON DATE
SUBMITTED / I
Collier County Board of Count v Comm;"'<'"';~~"'''''c> 4/25 06
lftlft
IWIIIl!I. ...-
II:
V, B-6 (02/0S)
Authorized for Local Reproduction)
Standard Form 424B (9-03
Prescribed by OMB Circular A-I02
App1'OV8ll as to form & legal sutiicienf.y
'\,,~ fJ~d..'
......\Ccu\J AttomI)'
Agenda Item No, 16F1
April 25, 2006
Page 6 of 6
Form AD-1047 (I/92)
u. S. DEPARTMENT OF AGRICULTURE
Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension,
7 CFR Part 3017, Section 3017,510, Participants' responsibilities, The regulations were published as Part IV of the
January 30,1989, Federal Reuister(pages 4722-4733). Copies of the regulations may be obtained by contacting the
Department of Agriculture agency offering the proposed covered transaction,
(Before completing certification, read instructions on reverse.)
(1) The prospective primary participant certifies to the 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 from covered transactions by any Federal department or agency;
(b) have not within a three-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain. or performing a public (Federal, State or Local) transaction or contract under a
public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen
property;
(c) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State or Local) with commission of any of the offenses enumerated in paragraph (l)(b) ofthis
certification; and
(d) have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State or Local) terminated for cause or default.
(2) Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
ORGANIZATION NAME I PRlA WARD NUMBER OR PROJECT NAME
Collier County Board of County Isles of Capri
Commissioners Fire Rescue
District
NAME AND TITLE OF AU11iORIZED REPRESENTATIVE
Frank Halas, Chairman
SIGNATURE I DATE
4/25/06
Aft'Ift
DWIIII! I. ...... T
1
Alij)rMeclll to form I: Iepl Ml~Y
~, ~
lny.,.. ~,.
All!ataDt County AttorDey
BY:
Agenda Item No, 16F2
April 25. 2006
Page 1 of 20
EXECUTIVE SUMMARY
Request that the Board of County Commissioners approve the after-the-
fact submittal of an application to the Federal Emergency Management
Agency (FEMA) for the Assistance to Firefighters Grant for the Isles of
Capri Fire Rescue District.
OBJECTIVE: To receive after-the-fact approval from the Board of County
Commissioners to submit an Assistance to Firefighters grant application to FEMA to
fund the replacement of 15 year old self-contained breathing apparatus which no longer
meet National Fire Protection Association (NFP A) standards.
CONSIDERATIONS: The total cost of the project is estimated at $68,180, The federal
funding request is in the amount of $64,771. Because the area serviced by the Isles of
Capri Fire District is less than 50,000 people, the local match is 5% of the total.
,,-
FISCAL IMPACT: The grant request is $64,77] and the local match amount $3,409
recognized from the Isles of Capri Reserves fund 9000/991000 in the fiscal year 06.
GROWTH MANAGEMENT IMP ACT: There is no growth impact associated with
this request.
RECOMMENDATION: To approve the after-the-fact submittal of an Assistance to
Firefighters grant application to FEMA to fund the purchase of personal protective
equipment and to authorize Alan McLaughlin, Assistant Fire Chief, to submit the
application electronically.
Prepared by: Emilio Rodriguez, Fire Chief
,,-
Agenda Item No, 16F2
April 25, 2006
Page 2 of 20
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16F2
Meeting Date:
Request that the Board of County Commissioners approve the after-the-fact submittal of an
application to the Federal Emergency Management Agency (FEMA) for the Assistance to
Firefighters Grant for the Isles of Capri Fire Rescue District.
4/25/20069:00:00 AM
Item Summary:
Prepared By
Rod Rodriguez
Board of County
Commissioners
Fire Chief
Date
Isles of Capri Fire Rescue
4/6/2006 3:22:51 PM
Approved By
Darcy Waldron
Senior Administrative Assistant
Date
County Manager's Office
Emergency Management
4/6/2006 3:12 PM
Approved By
Marlene J, Foord
Grants Coordinator
Date
Administrative Services
Administrative Services Admin,
4/7/20069:29 AM
Approved By
Dan E, Summers
Bureau of Emergency Services Director
Date
. County Manager's Office
Bureau of Emergency Services
4/7/2006 3:59 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/13/20065:20 PM
Approved By
Leo E, Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4/14/200611:39 AM
~
Administrative Services Division
Collier County Government Center
3301 East Tamiami Trail
Naples, Florida 34112
marlenefoord(Q)colliere:ov.net
(239) 774-8971
(239) 774-8720 (fax)
Agenda Item r'-lo. 16F2
April 25,2006
Page 3 of 20
TO:
Jim Mudd, County Manager
CC:
Emilio Rodriguez, Fire Chief, Isle of Capri Fire District
Marlene F oor~rants Coordinator
FROM:
DATE:
April 5,2006
After-the-Fact Approval by the Bee is
required at the April 25. 2006 Bee
meeting,
SUBJECT: County Manager Approval of a FEMA Assistance to Fire Ig ters rant
The Isle of Capri Fire District has prepared a FEMA Assistance to Firefighters Grant that is due on
April 7th. As the result of a tight time frame between when the program guidance is made available
and the application deadline and also due to new staff in the department, the application was not
prepared in time to request Board of County Commissioners approval prior to the deadline.
If funded, this grant may pay 95% of the costs associated with replacing 14 Self-Contained Breathing
Apparatus (SCBAs), which are critical to meeting the current compliance standards and protecting the
health and safety of the citizens served by the District.
Your review and approval of this application is requested to be followed by after-the-fact approval of
the Board of County Commissioners during the April 25th meeting, Your approval, and the
subsequent BCC approval, should also authorize Alan McLaughlin, Assistant Fire Chief, to submit the
online application as well as the attached Assurances and Certifications.
Your signature is NOT required on the application since this is an online application.
Once you have reviewed the applications, please sign and date in the box above and call me at
774-8971 for pickup.
Thank you. Please let me know if you have any questions.
Preparer Information Application Number: EMW-2006-FG-04104
Overview
Agenda Item No. ~ 1 of 1
April 25, 2006
Page 4 of 20
.d you attend one of the workshops conducted by DHS's regional fire program specialist?
Yes, I have attended workshop
"Are you a member, or are you currently involved in the management, of the fire department or non-
affiliated EMS organization applying for this grant with this application?
Yes, I am a member/officer of this applicant
If you are a grant writer or otherwise not affiliated with this applicant, please complete the information below,
If you are a member/officer of this applicant, please do not complete the information requested below, After you are finished press
the Save and Continue button below.
Preparer Information
* Preparer's Name
" Address 1
Address 2
" City
" State
" Zip
" Is there a grant-writing fee associated with the
~....Qreparation of this request?
JOu answered yes above, what is the fee? $
https://porta1.fema.gov/firegrant/jsp/fire2006/application/new _overview.j sp?view=print&print=true&app _'" 4/3/2006
Contact Information
Contact Infonnation
Agenda Item No. 1E~ge 1 of 1
April 25, 2006
Page 5 of 20
, Title
Prefix
, First Name
Middle Initial
, Last Name
, Business Phone
'Home Phone
Mobile Phone/Pager
Fax
'Email
, Title
Prefix
, First Name
Middle Initial
. Last Name
* Business Phone
'Home Phone
Mobile Phone/Pager
Fax
*Email
Alternate Contact Information Number 1
Assistant Chief
N/A
Alan
M
McLaughlin
239-394-8770 Ext,
239-825-9074 Ext,
239-394-5862
Chief91 @comcast.net
Alternate Contact Information Number 2
Chief
N/A
Emilio
Rodriguez
239-394-8770 Ext,
239-642-9588 Ext.
239-253-9710
239-394-5862
rod rod rig uez@colliergov,net
https://portal.fema.gov/firegrant/jsplfire2006/applicationl contact_ info.j sp?view=print&print=true&app _ nu... 4/3/2006
Applicant Information
Applicant Information
Agenda Item No. 1~age 1 of2
April 25, 2006
Page 6 of 20
V-2006-FG-04104
virginally submitted on 04/03/2006 by Alan McLaughlin (Userid: caprifire)
Contact Information:
Address: 175 Capri Blvd
City: Naples
State: Florida
Zip: 34113
Day Phone: 239-394-8770
Evening Phone: 239-403-8970
Cell Phone: 239-825-9074
Email: chief91@comcast.net
Application number Is EMW-2006-FG-04104
.. Organization Name
.. Type of Applicant
. Type of Jurisdiction Served
If other, please enter the type of Jurisdiction
. Employer Identification Number
. Does your organization have a DUNS Number?
.llyes, please enter the DUNS Number
adquarters or Main Station Physical Address
.. Physical Address 1
Physical Address 2
. City
. State
"Zip
Mailing Address
. Mailing Address 1
Mailing Address 2
. City
. State
.Zip
Account Information
. Type of bank account
. Bank routing number - 9 digit number on the bottom left hand
comer of your check
.Your account number
Additional Information
'or this fiscal year (Federal) is your organization receiving
..;deral funding from any other grant program that may
duplicate the purpose and/or scope of this grant request?
Isles of Capri Fire Rescue
Fire Department/Fire District
Other (Explain)
Dependent fire district
59-6000558
Yes
138275594
175 Capri Blvd
Naples
Florida
34113 - 8678
Need halo for ZIP+4?
175 Capri Blvd
Naples
Florida
34113 - 8678
Need halo for ZIP+4?
Checking
067013700
1138577
No
. If awarded the AFG grant, will your organization expend
https:l/portal,fema.gov/firegrant/j sp/fire2006/applicationlapplicant _ info.j sp?print=true&view=print&app _ n... 4/3/2006
Applicant Information
more than $500,000 in Federal funds during your
organization's fiscal year in which this AFG grant was No
awarded?
*Is the applicant delinquent on any Federal debt? No
If you answered yes to any of the additional questions above,
please provide an explanation in the space provided below:
Agenda Item No. 1Ba~e 2 of2
April 25, 2006
Page 7 of 20
https://portal.fema.gov/firegrantlj sp/fire2006/applicationl applicant_ info.j sp ?print=true&view=print&app _ n... 4/3/2006
Fire Department Characteristics (Part I)
Department Characteristics (Part I)
Agenda Item No. 1~~ 1 of 1
April 25, 2006
Page 8 of 20
e you a member of a Federal Fire Department or
contracted by the Federal government and solely responsible No
for suppression of fires on Federal property?
* What kind of organization do you represent?
If you answered combination, above, what is the percentage
of career members in your organization?
If you answered volunteer or combination or paid on-call, how
many of your volunteer Firefighters are paid members from
another career department?
* What type of community does your organization serve?
* What is the square mileage of your first-due response area? 19
* What percentage of your response area is protected by
hydrants?
*In what county/parish is your organization physically located?
If you have more than one station, in what county/parish is
your main station located?
* Does your organization protect critical infrastructure of the
state?
* How much of your jurisdiction's land use is for agriculture,
wild land, open space, or undeveloped properties?
-a..What percentage of your jurisdiction's land use is for
llmercial, industrial, or institutional purposes?
* What percentage of your jurisdiction's land is used for
residential purposes?
* How many occupied structures (commercial, industrial,
residential, or institutional) in your jurisdiction are more than
four stories tall?
* What is the permanent resident population of your
Primary/First-Due Response Area or iurisdiction served?
* How many active firefighters does your department have who 14
perform firefighting duties?
* How many stations are in your organization?
. Do you currently report to the National Fire Incident
Reporting System (NFIRS)?
If you answered yes above, please enter your FDIN/FDID
. What services does your organization provide?
Structural Fire Suppression
Wildland Fire Suppression
Combination
79%
1
Rural
25%
Collier
Yes
75%
10 %
15%
11
2235
1
Yes
64041
Basic Life Support
Advanced Life Support
Hazmat Operational Level
Rescue Operational Level
https://portal.fema.gov/firegrantljsp/fire2006/application/gen _ ques,jsp?view=print&print=true&app _numb... 4/3/2006
Department Characteristics (Part II)
Department Characteristics (Part II)
Agenda Item No. 1Eage 1 of 1
April 25, 2006
Page 9 of 20
"What is the total number of fire-related civilian fatalities in your jurisdiction
over the last three years?
" What is the total number of fire-related civilian injuries in your jurisdiction
over the last three years?
" What is the total number of line of duty member fatalities in your jurisdiction
over the last three years?
"What is the total number of line of duty member injuries in your jurisdiction
over the last three years?
"Over the last three years, what was your organization's average TOTAL
operating budget?
" What percentage of your TOTAL budget is dedicated to personnel costs
(salary, overtime and fringe benefits)?
"What percentage of your annual operating budget is derived from:
Enter numbers only, percentages must sum up to 100%
Taxes?
Grants?
Donations?
Fund drives?
Fee for Service?
2005
o
2004
o
2003
o
o
o
o
o
o
o
1
2
o
700084
62 %
100 %
0%
0%
0%
0%
0%
Other?
If you entered a value into Other field (other than 0), please explain
"How many vehicles does your organization have in each of the types or classs of vehicle listed below? You must include
vehicles that are leased or on long-term loan as well as any vehicles that have been ordered or otherwise currently under
contract for purchase or lease by your organization but not yet in your possession, Enter numbers only and enter 0 if you do not
have any of the vehicles below,
Type or Class of Vehicle
Engines (or Pumpers):
Pumper, PumperfTanker, RescuelPumper, Foam Pumper, CAFS Pumper, Quint (Aerial device
of less than 76 feet), Type I, Type II, Type III Engine
Tankers:
Tanker, Tender, Foam TankerfTender (greater than 1,250 gallon tank capacity)
Aerial Apparatus:
Aerial Ladder Truck, Telescoping, Articulating, Ladder Towers, Platform, Tiller Ladder Truck,
Quint (Aerial device of 76 feet or greater)
Brush/Quick attack:
Brush Truck, Patrol Unit (Pick up wi Skid Unit), Quick Attack Unit, Mini-Pumper, Type IV, Type
V, Type VI Engine
Rescue Vehicles:
Rescue Squad, Rescue (Light, Medium, Heavy), Technical Rescue Vehicle, Hazardous
Materials Unit
Other:
EMS Chase Vehicle, AirlLight Unit, Rehab Units, Bomb Unit, Technical Support (Command,
Operational Support/Supply), Hose Tender, Salvage Truck, ARFF (Aircraft Rescue FireflQhting),
CommandIMobile Communications Vehicle, Fire Boats (more than 13 feet long), Other Vehicle
Total Number of
Total Number
Riding Positions
2 8
0 0
0 0
1 2
0 0
3 4
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Department Call Volume
Department Call Volume
Agenda Item No, 1~ftge 1 of 1
April 25, 2006
Page 10 of 20
. HOW many responses per year by category? (Enter whole numbers only, If you have no calls for any of the categories, enter 0)
Structural Fires 11
Vehicle Fires 8
Vegetation Fires 7
EMS Response Calls 403
Rescue 20
Hazardous Condition/Materials Calls 2
Service Calls 6
Good Intent Calls/False Alarms 326
Other Calls and Incidents 299
. Please indicate the number of times your department provides or receives mutual aid. Do not include first-due responses
claimed above,
In an average year, how many times does your organization
receive mutual/automatic aid?
In an average year, how many times does your organization
provide mutual/automatic aid?
50
220
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Request Information
Request Information
Agenda Item No, 1Eage 1 of 1
April 25, 2006
Page 11 of 20
. 1, Select a program for which you are applying, Remember, you can only apply for one program this year, You can apply fo
many activities within a program as you need,
(If you modify your selection, you will lose data entered under the original activity,)
Program Name
Operations and Safety
. 2. Will this grant benefit more than one organization?
Yes
If you answered Yes to Question 2 above, please explain,
Our Fire District provides automatic aid to two adjoining districts, Our primary engine is on our County CAD for dispatCh as 2nd
due engine and third due engine to these districts, The population served for auto aid to these districts is approximately 45,000.
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Request Details
Request Details
Agenda Item No. 1Bage 1 of 1
April 25,2006
Page 12 of 20
activities for program Operations and Safety are listed in the table below.
Activity
Number of Entries
Total Cost
Equipment
Modify Facilities
o
o
$0
$0
$ 68,180
$0
$0
Personal Protective Equipment
Training
Wellness and Fitness Programs
o
o
.-
Additional Funding Action
View Details
$ 0 View Additional Funding
$ 0 View Details
View Details
$ 0 View Additional Funding
$ 0 View Details
$ 0 View Details
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Budget
Budget
Agenda Item No, 1BaQ:e 1 of 1
April 25, 2000
Page 13 of 20
Budaet Obiect Class
a, Personnel
b, Fringe Benefits
c, Travel
$0
$0
$0
d. Equipment
$68,180
$0
$0
$0
$0
$0
e, Supplies
f. Contractual
g, Construction
h. Other
i. Indirect Charges
Federal and Applicant Share
Federal Share
Applicant Share
Federal Rate Sharing (%)
. Non-Federal Resources (The combined Non-Federal ResoufC13s must equal the Applicant Share of $ 3,4(9)
a, Applicant $ 3,4""
b, State
c, Local $ 0
d, Other Sources $ 0
If you entered a value in Other Sources other than zero (0), include your explanation below. You can use this space to provide
information on the project, cost share match, or if you have an indirect cost agreement with a federal agency.
$ 64,771
$ 3,409
95/5
Total Budget $ 68,180
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Narrative Statement
Narrative Statement
Agenda Item No, ~ge 1 of 1
April 25, 2006
Page 14 of 20
Project Description
* Please provide your narrative statement in the space provided below, Include in your narrative, details regarding (1) your
project's description and budget, (2) your organization's financial need, (3) the benefit to be derived from the cost of your project,
and (4) how the activities requested in your application will help your organization's daily operations and how this grant will
protect life and property,
The Isles of Capri Fire Rescue District in Collier County, Florida is a combination fire district consisting of 8 full-time career
firefighters, 3 part-time paid firefighters and 3 unpaid volunteer firefighters, The district provides fire suppression and emergency
medical services, We have a critical need to replace 14 existing 15 year old SCBAs because they do not meet current NFPA
standards, This is essential for the safety of our firefighting personnel.
Project description:
Our grant request is to purchase self-contained breathing apparatus which meets the most current standard of SCBA as outlined
in NFPA Standard #1981. Currently, none of our SCBA units are in compliance. In addition, the SCBAs we are requesting will
allow the department to implement an accountability system that will provide a constant monitoring of personnel. These units will
transfer information via a two-way data transfer system which will provide the incident commander with constant monitoring of
personnel. The units will also be equipped with rapid crew intervention universal air connections to provide a seamless R.I.T.
operation, This grant request will enhance our department's ability to protect the health and safety of the citizens that we serve in
addition to our firefighting personnel. It will address our ability to respond to all hazards (CBRNE), and become compliant with
the regional mutual aid strategy as well as heighten interagency operability, All of our personnel are fully trained on SCBAs.
CosUBenefit:
The funds requested in this application would allow us to replace our 14 existing SCBAs which are 15 years old and considered
to be obsolete and substandard, Upon reviewing 3 vendor bids, we have determined a total cost of: 14 @ $4870 for a total of
$68,180, We are asking for 14 SCBAs based on our current firefighting fleet which consists of 2 engines each with 4 seated
..,QQsitions, a brush truck with 2 seated positions, a rescue boat with 2 seated positions, and 2 chiefs vehicles, each with one
3ted position. 14 new SCBAs would equip 100 percent of our active firefighting staff and would bring us into 100% compliance
..lth present standards, The purchase of new SCBAs would provide several positive outcomes including increased firefighter
safety and lower long term maintenance costs, CBRNE certified SCBAs would allow the department to integrate with our
local/regional hazardous materials response team and law enforcement in case of a terrorist event.
Financial Need:
The Isles of Capri Fire District budget is funded through ad-valorem taxes for fire suppression activities and basic emergency
medical activities, The district's population is expected to grow an estimated 42%, The rapid growth that our district is
experiencing requires us to hire additional personnel as well as replace existing equipment. The department is planning to hire
three additional paid personnel on Oct. 1, 2006. 62% of our budget is salary-related, with the remaining budget needed for
reserves and operating expenses. We will have adequate reserves required by State Statute for contingencies, At this time, our
budget does not allow us to fund both of our urgent needs for additional personnel and new SCBAs,
Statement of EffecUSummary:
If awarded this grant through the assistance of the Office of Domestic Preparedness and the U.S, Dept. of Homeland Security,
the Isles of Capri Fire Rescue District will be able to assure 100% of our firefighters are equipped and protected by the most up
to date standard of self-contained breathing apparatus as outlined in NFPA Standard #1981, In addition, we will be able to
incorporate a firefighter accountability system that will monitor in real time the actions of firefighters on scene. This will insure
firefighter safety and a RICCUAC that will enable interoperability in performing R,I.T, functions, Also, this will dovetail into the
local rsponse team efforts for hazardous material, technical rescue and WMD events when requested, Once we are able to bring
our SCBAs up to compliance, we will be able to incorporate a maintenance program into our budget that will be cost effective to
stay in compliance,
* Please describe all grants that you have received from DHS including any AFG grants received from DHS or FEMA, for
example, 2002 AFG grant for vehicle or 2003 ODP grant for exercises. (Enter "N/A" if Not Applicable)
2004 AFG grant for vehicle
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Assurances and Certifications
Assurances and Certifications
Agenda Item No, .g~ 1 of 6
April 25, 2006
Paae 15 of 20
Form 20-16A
You must read and sign these assurances by providing your password and checking the box at the bottom of this page.
Note: Fields marked with an . are required,
Assurances Non-Construction Programs
Note: Certain of these assurances may not be applicable to your project or program, If you have any questions, please contact
the awarding agency, Further, certain Federal awarding agencies may require applicants to certify to additional assurances, If
such is the case, you will be notified,
As the duly authorized representative of the applicant I certify that the applicant:
1, Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial
capability (including funds sufficient to pay the non-Federal share of project costs) to ensure proper planning,
management and completion of the project described in this application,
2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State,
through any authorized representative, access to and the right to examine all records, books, papers, or
documents related to the award; and will establish a proper accounting system in accordance with generally
accepted accounting standards or agency directives,
3, Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or
presents the appearance of personal gain,
4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding
agency.
5, Will comply with the Intergovernmental Personnel Act of 1970 (42 U,S,C, Section 4728-4763) relating to
prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations
specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F,R. 900,
Subpart F).
6, Will comply with all Federal statutes relating to nondiscrimination, These include but are not limited to: (a)
Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color
or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S,C, Sections 1681-
1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation
Act of 1973, as amended (29 U,S,C, Section 794), which prohibits discrimination on the basis of handicaps;
(d) the Age Discrimination Act of 1975, as amended (42 U,S.C, Sections 6101-6107), which prohibits
discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P,L. 92-255), as
amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; (g) Sections 523 and 527 of the Public Health
Service Act of 1912 (42 U,S,C. 290-dd-3 and 290-ee-3), as amended, relating to confidentiality of alcohol and
drug abuse patient records; (h) Title VIII of the Civil Rights Acts of 1968 (42 U,S,C, Section 3601 et seq,), as
amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other
nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being
made; and U) the requirements of any other nondiscrimination statute(s) which may apply to the application,
7. Will comply, or has already complied, with the requirements of Title II and III of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (P.L 91-646) which provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or Federally
assisted programs, These requirements apply to all interest in real property acquired for project purposes
regardless of Federal participation in purchases,
8, Will comply with provisions of the Hatch Act (5 U,S,C, Sections 1501-1508 and 7324-7328), which limit the
political activities of employees whose principal employment activities are funded in whole or in part with
Federal funds,
9, Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U,S,C, Sections 276a to 276a- 7),
the Copeland Act (40 U.S,C, Section 276c and 18 U,S.C, Sections 874), and the Contract Work Hours and
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Assurances and Certifications Agenda Item No. ~ 2 of 6
April 25, 2006
Safety Standards Act (40 U.S,C, Sections 327-333), regarding labor standards for Federally assiS~ 16 of 20
construction sub agreements,
10, Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster
Protection Act of 1973 (P,L. 93-234) which requires recipients in a special flood hazard area to participate in
the program and to purchase flood insurance if the total cost of insurable construction and acquisition is
$10,000 or more,
11, Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National Environmental Policy Act of 1969 (P,L. 91-190)
and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of
wetlands pursuant to EO 11990; (d) evaluation of flood hazards in flood plains in accordance with EO 11988;
(e) assurance of project consistency with the approved State management program developed under the
Coastal Zone Management Act of 1972 (16 U,S,C. Section 1451 et seq,); (f) conformity of Federal actions to
State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42
U,S.C, Section 7401 et seq,); (g) protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended, (P,L. 93-523); and (h) protection of endangered species under the
Endangered Species Act of 1973, as amended, (P,L. 93-205),
12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U,S.C, Section 1271 et seq,) related to protecting
components or potential components of the national wild and scenic rivers system.
13, Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation
Act of 1966, as amended (16 U,S,C, 470), EO 11593 (identification and protection of historic properties), and
the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq,),
14, Will comply with P,L. 93-348 regarding the protection of human subjects involved in research, development,
and related activities supported by this award of assistance,
15, Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U,S.C, 2131 et
seq,) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or
other activities supported by this award of assistance,
16, Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U,S,C, Section 4801 et seq,) which
prohibits the use of lead based paint in construction or rehabilitation of residence structures,
17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit
Act of 1984.
18, Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and
policies goveming this program.
19, It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act
(29 U,S,C, 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit
organizations,
Signed by Alan Mclaughlin on 03/09/2006
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Assurances and Certifications
Agenda Item No, ~ 3 of 6
April 25, 2006
Page 17 of 20
You must read and sign these assurances by providing your password and checking the box at the bottom of this page.
Fonn 20-16C
Note: Fields marked with an * are required,
Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters and Drug-Free Workplace
Requirements,
Applicants should refer to the regulations cited below to determine the certification to which they are required to attest.
Applicants should also review the instructions for certification included in the regulations before completing this form. Signature
on this form provides for compliance with certification requirements under 44 CFR Part 1 B, "New Restrictions on Lobbying; and
44 CFR Part 17, "Govemment-wide Debarment and Suspension (Non-procurement) and Government-wide Requirements for
Drug-Free Workplace (Grants)," The certifications shall be treated as a material representation of fact upon which reliance will be
placed when the Department of Homeland Security (DHS) determines to award the covered transaction, grant, or cooperative
agreement.
1. Lobbying
A, As required by the section 1352, Title 31 of the US Code, and implemented at 44 CFR Part 18 for persons (entering) into a
grant or cooperative agreement over $100,000, as defined at 44CFR Part 18, the applicant certifies that:
(a) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee of congress, or an employee of a Member of Congress in connection with the making of any Federal
grant, the entering into of any cooperative agreement and extension, continuation, renewal amendment or
modification of any Federal grant or cooperative agreement.
(b) If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of
congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative
agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure of Lobbying Activities", in
accordance with its instructions,
(c) The undersigned shall require that the language of this certification be included in the award documents for all
the sub awards at all tiers (including sub grants, contracts under grants and cooperative agreements and sub
contract(s)) and that all sub recipients shall certify and disclose accordingly,
2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient)
A. As required by Executive Order 12549, Debarment and Suspension, and implemented at 44CFR Part 67, for prospective
participants in primary covered transactions, as defined at 44 CFR Part 17, Section 17,510-A, the applicant certifies that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of
Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal
department or agency,
(b) Have not within a three-year period preceding this application been convicted of or had a civilian judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to
obtain or perform a public (Federal, State, or local) transaction or contract under a public transaction; violation of
Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property,
(c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or
local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification: and
(d) Have not within a three-year period preceding this application had one or more public transactions (Federal,
State, or local) terminated for cause or default; and
B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to
this application.
3. Drug-Free Workplace (Grantees other than individuals)
As required by the Drug-Free Workplace Act of 1988, and implemented at 44CFR Part 17, Subpart F, for grantees, as defined at
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Assurances and Certifications
44 CFR part 17, Sections 17.615 and 17.620:
Agenda Item No, ~ 4 of6
April 25, 2006
Page 18 of 20
(A) The applicant certifies that it will continue to provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for violation of such prohibition;
(b) Establishing an on-going drug free awareness program to inform employees about:
(1) The dangers of drug abuse in the workplace;
(2) The grantees policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation and employee assistance programs;
and
(4) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the grant to be
given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of
employment under the grant, the employee will:
(1) Abide by the terms of the statement and
(2) Notify the employee in writing of his or her conviction for a violation of a criminal
drug statute occurring in the workplace no later than five calendar days after such
conviction,
(e) Notifying the agency, in writing within 10 calendar days after receiving notice under subparagraph
(d)(2) from an employee or otherwise receiving actual notice of such conviction, Employers of
convicted employees must provide notice, including position title, to the applicable DHS awarding
office, Le, regional office or DHS office.
(1) Taking one of the following actions, against such an employee, within 30 calendar days of
receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted:
(1) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the Rehabilitation Act of 1973, as
amended; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health,
law enforcement or other appropriate agency,
(g) Making a good faith effort to continue to maintain a drug free workplace through implementation of
paragraphs (a), (b), (c), (d), (e), and (1),
(8) The grantee may insert in the space provided below the site(s) for the performance of work done in connection
with the specific grant:
Place of Performance
Street
City
State
Zip
Action
If your place of performance is different from the physical address provided by you in the Applicant Information, press Add Place
of Performance button above to ensure that the correct place of performance has been specified, You can add multiple addresses
by repeating this process multiple times,
-:tion 17,630 of the regulations provide that a grantee that is a State may elect to make one certification in each Federal fiscal
, _ar. A copy of which should be included with each application for DHS funding, States and State agencies may elect to use a
Statewide certification,
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Assurances and Certifications
Agenda Item No. 1&ie 5 of 6
April 25, 2006
Page 19 of 20
Signed by Alan McLaughlin on 03/09/2006
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Assurances and Certifications
FEMA Standard Form LLL
Agenda Item No. 1ElIge 6 of 6
April 25, 2006
Page 20 of 20
, complete if applying for a grant for more than $100,000 and have lobbying activities. See Form 20-16C for lobbying activities
. ."ition,
This form is not applicable
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Agenda Item No. 16F3
April 25, 2006
Page 1 of 6
-
EXECUTIVE SUMMARY
Approval to extend two warehouse Leases and one outside storage area Lease with Keith
Basik, Jeff Basik and Larry Basik, aka NBC Storage, LLC, for the continued use of
warehouse and outside storage for the Disaster Response Program for an initial six-month
period at a total cost of $19,932.00 and approval of a Budget Amendment.
OBJECTIVE: To continue to provide two warehouse spaces and one outside storage area for
disaster relief supplies and trailers, including pandemic flu response supplies,
CONSIDERATIONS: During Hurricane Wilma, the Department of Emergency Management's
leased storage space at the Naples Airport was destroyed. As a result, the Department of
Emergency Management entered into two separate, six-month warehouse leases and one outside
storage area lease with Keith, Jeff, and Larry Basik, aka NBC Storage, LLC, (Landlord) at Naples
Big Cypress Industrial Park. The warehouse storage units are used for the County's disaster
response supplies and each space contains approximately 1,270 square feet. The outside storage
area is used for parking fifteen disaster response trailers,
-
The Department of Emergency Management would like to extend the leases for six months (both
currently have different expiration dates) through October 1, 2006, with the right for automatic
annual renewals thereafter for three consecutive years, The current rental of $2,018,30 per month
and Common Area Maintenance (CAM) of $279,70 per month will remain the same through the
initial extension period. The rent will then be increased 4% annually and the CAM amount will be
increased based upon the Landlord's actual operating expenses,
In addition to the warehouse space, the Department of Emergency Management would also like to
continue leasing the outside storage area that provides parking for the disaster response trailers.
This lease does not have an expiration date and the current rental of $1,024.00 will remain the same
through October 1, 2006. The Department of Emergency Management would like to make the
Board aware that this lease exists and that approval is needed in order to continue funding for same.
The annual rent will be increased by 4% on October 1, 2006 and each year thereafter throughout the
life of the lease.
The County Attorney's Office and the Department of Emergency Management have reviewed and
approved the attached First Amendments to Lease.
FISCAL IMP ACT: A Budget Amendment, to fund the six-month extension, is needed to transfer
$19,932.00 from Reserves for Contingencies to Fund 001, General Fund, Emergency Management.
GROWTH MANAGEMENT IMP ACT: There in no impact to the Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve the attached First
Amendments To Leases and authorize the Chairman to execute the Amendments on behalf of the
Board and approve the necessary Budget Amendment in the amount of $19,932,00,
,-.
PREPARED BY: Michael Dowling, Senior Property Management Specialist,
Real Estate Services I Department of Facilities Management
Darcy Waldron, Senior Administrative Assistant, Department of Emergency Management
Agenda Item No, 16F3
April 25, 2006
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16F3
Approval to extend the attached two Leases with Keith Basik, Jeff Basik and Larry Basik, aka
NBC Storage, LLC, for the continued use of outside and warehouse storage for the Disaster
Response Program for an initial six-month period at a total cost of $19,932,
Meeting Date:
4/25/20069:00:00 AM
Prepared By
Michael H. Dowling
Property Management Specialist
Date
Administrative Services
Facilities Management
4/7/20061 :14:22 PM
Approved By
Dan E, Summers
Bureau of Emergency Services Director
Date
County Manager's Office
Bureau of Emergency Services
4/7/2006 1 :51 PM
Approved By
Charles E, Carrington, Jr"
SR/WA
Real Estate Services Manager
Date
Administrative Services
Facilities Management
4/7/20062:08 PM
Approved By
Skip Camp, C,F,M.
Facilities Management Director
Date
Administrative Services
Facilities Management
4/9/2006 8:37 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/10/200610:51 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/13/200612:52 PM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4/13120064:30 PM
FIRST AMENDMENT TO LEASE
Agenda Item No. 16F3
April 25,2006
Page 3 of 6
THIS FIRST AMENDMENT TO LEASE entered into this _ day of , 2006, at Naples, Collier County, Florida,
by and between Keith Basik, Jeff Basik and Larry Basik (NBC Storage, LLC), whose post office address is 720 Goodlette Road, Suite
305, Naples, Florida 34103, hereinafter referred to as "LESSOR," and Collier County, a political subdivision of the State of Florida.
whose mailing address is 330] East Tamiami Trail, Naples. Florida 341 12, hereinafter referred to as "LESSEE."
WITNESSETH
WHEREAS, the LESSEE and LESSOR have previously entered into a Lease dated October 28, 2005;
WHEREAS, the LESSEE and LESSOR are desirous of amending the Lease; and
NOW, THEREFORE, in consideration of the covenants and agreements provided within the Lease dated October 28.2005, and Ten
Dollars ($10,00) and other valuable consideration, the Lease is hereby amended as follows:
I. The following provision is added to Article 4 of the Lease Agreement:
If this Lease is not terminated or expired by April 28, 2006, this Lease shall continue to October I, 2006, hereinafter
established and referred to as the 'anniversary date.' LESSEE is granted the option to automatically renew this Lease annually for
three (3) consecutive years under the same terms and conditions as provided for in the Lease dated October 8, 2005, expect for the
annual rent which shall be addressed below,
LESSEE shall be granted the right to terminate this Lease with or without cause by providing the LESSOR with sixty day
written notice to the address set forth in the Lease,
2, The following provision is added to Article 5 of the Lease Agreement:
If LESSEE elects to renew the Lease as provided for above, the annual rent beginning October I, 2006 shall be $1 1,984,54
and shall be paid in equal monthly installments of $998,71; the annual rent beginning October 1,2007 shall be $12,463.93; and the
rent beginning October I, 2008 shall be $12,962,48, all of which shall be paid in equal monthly installments,
In addition to monthly rent, LESSEE shall be responsible for Common Area Maintenance (CAM) fees which shall reflect
LESSEE'S portion of LESSOR'S actual operating expenses, CAM shall not be increased above five (5) percent for any annual
increase, At the time of this Amendment, the CAM charges are $]69.80, CAM may be adjusted by LESSOR in January of 2007 and
each January throughout the life of the Lease,
3, Except as expressly provided herein, the Lease Agreement remains in full force and effect according to the terms and
conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein,
IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this First Amendment to Lease the day and
year first above wrillen,
AS TO THE LESSOR:
DATED:
Witness (signature)
BY:
KEITH BASIK
(print name)
Witness (signature)
(print name)
AS TO THE LESSEE:
DATED:
BOARD OF COUNTY COMMISSIONERS,
COllIER COUNTY
ATTEST:
DWIGHT E, BROCK, Clerk
BY:
FRANK HALAS, Chairman
BY:
Deputy Clerk
Approved as to form and legal sufficiency:
;if
Thomas C. Palmer, Assistant County Attorney
FIRST AMENDMENT TO LEASE
Agenda Item No, 16F3
April 25, 2006
Page 4 of 6
THIS FIRST AMENDMENT TO LEASE entered into this _ day of , 2006, at Naples, Collier County. Florida.
by and between Keith Basik, Jeff Basik and Larry Basik (NBC Storage, LLC), whose post office address is 720 Goodlette Road. Suite
305. Naples, Florida 34103, hereinafter referred to as "LESSOR" and Collier County. a political subdivision of the State of Florida.
whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "LESSEE,"
WITNESSETH
WHEREAS, the LESSEE and LESSOR have previously entered into a Lease dated November 28. 2005;
WHEREAS. the LESSEE and LESSOR are desirous of amending the Lease; and
NOW. THEREFORE. in consideration of the covenants and agreements provided within the Lease dated November 28, 2005, and Ten
Dollars ($10,00) and other valuable consideration. the Lease is hereby amended as follows:
I, The following provision is added to Article 4 of the Lease Agreement:
If this Lease is not terminated or expired by May 28. 2006, this Lease shall continue to October I. 2006, hereinafter
established and referred to as the 'anniversary date.' LESSEE is granted the option to automatically renew this Lease annually for
three (3) consecutive years under the same terms and conditions as provided for in the Lease dated November 28. 2005, expect for the
annual rent which shall be addressed below,
LESSEE shall be granted the right to terminate this Lease with or without cause by providing the LESSOR with sixty day
written notice to the address set forth in the Lease,
2, The following provision is added to Article 5 of the Lease Agreement:
If LESSEE elects to renew the Lease as provided for above, the annual rent beginning October I. 2006 shall be $13,203,84
and shall be paid in equal monthly installments of $1.100,32; the annual rent beginning October I. 2007 shall be $13,731,99; and the
rent beginning October 1,2008 shall be $14,281.27, all of which shall be paid in equal monthly installments.
In addition to monthly rent, LESSEE shall be responsible for Common Area Maintenance (CAM) fees which shall reflect
LESSEE'S portion of LESSOR'S actual operating expenses, CAM shall not be increased above five (5) percent for any annual
increase, At the time of this Amendment, the CAM charges are $170,10, CAM may be adjusted by LESSOR in January of 2007 and
each January throughout the I ife of the Lease.
3, Except as expressly provided herein. the Lease Agreement remains in full force and effect according to the terms and
conditions contained therein, and said terms and conditions are applicable hereto except as expressly provided otherwise herein,
IN WITNESS WHEREOF, the LESSEE and LESSOR have hereto executed this First Amendment to Lease the day and
year first above written.
AS TO THE LESSOR:
DATED:
BY:
KEITH BASIK
Witness (signature)
(print name)
Witness (signature)
(print name)
AS TO THE LESSEE:
DATED:
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY
ATTEST:
DWIGIIT E, BROCK. Clerk
BY:
FRANK HALAS, Chairman
BY:
, Deputy Clerk
Approved as to form and legal sufficiency:
i~~s C, Palmer, Assistant County Attorney
BUDGET AMENDMENT REQUEST
Agenda Item No. 16F3
April 25,2006
Page 5 of 6
For Budget/Finance Use Only
BA#...
JE#..
BAR#..,
AP.I-I. Date. ,..... .. ,.....
Fund Number 001
Fund Description General Fund
Date Prepared: 4-7-06
Approved by BCC on:
Attach Executive Summary
Item No.:
Fund Center Title:
WBS Element Title:
(P 'd h F d C WBS I
Expense Budget Detail
Emergency Management Admin,
Fd CtrNo.: 144210
WBS No,:
roYI e t e un enter or e ement 111 ormatIon; It IS not reqUIre to proy! e ot .
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Bud~et Bud2:et
144210 644170 Rent temporary storage 19,932, 6,000 25,932,
, f
d
d b h)
Net Change to Budget 19,932.
Expense Budget Detail
Fund Center Title: Reserves
WBS Element Title:
(P 'd h F d C WBS I . f
Fd CtrNo.: 919010
WBS No,:
roYI e t e un enter or e ement 111 ormatIOn: IllS not require to praYl e ot .
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Bud2:et Budeet
919010 991000 Reserves for
Contingencies (19,932,)
d
d b h)
Net Change to Budget (19,932,)
Expense Budget Detail
Fund Center Title:
WBS Element Title:
(Pd h F de WBS I
Fd Ctr No,:
WBS No,:
roYI e t e un enter or e ement 111 ormation: It !S not reqUire to proy! e ot .
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Budget Bud2:et
. f,
d
d b h)
Net Change to Budget
Agenda Item No. 16F3
April 25, 2006
Page 6 of 6
Revenue Budget Detail
Fund Center Title:
WBS Element Title:
Fd Ctr No,:
WBS No.:
(Provide the Fund Center or WBS element information; it is not reauired to provide both)
Fund WBS Commit Commitment Item Increase Current Revised
Center Element Item Description (Decrease) Budl!et Bud~et
Net Change to Budget
EXPLANATION
Why are funds needed? Funds are needed to pay for 2 leases storage units for disaster
response and Pandemic Flu supplies and outdoor storage for the Disaster Response Trailers.
Where are funds available? Funds are available in General Fund Reserves for Contingencies.
DATE I
Cost Center Director:
Division Administrator:
Budl!et Department:
Al!ency Manal!er:
Finance Department:
Clerk of Board Admin.:
Input by:
B.A. No.:
REVIEW PROCESS
Agenda Item No, 16F4
April 25, 2006
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation for approval of a Budget Amendment to fund the
purchase of Pandemic Influenza protective supplies in the amount of
$35,640
OBJECTIVE: The Department of Emergency Management, as a part of its Pandemic
Influenza response planning, needs to purchase protective supplies for emergency
responders and other essential service personnel for use in the event of a Pandemic
Influenza outbreak.
CONSIDERATIONS: An Influenza Pandemic is unlike any other public health
emergency or community disaster. Experts believe that there will be little time between
when a new influenza strain is identified and outbreaks begin to occur. Outbreaks are
likely to occur simultaneously throughout much of the United States preventing shifts in
human and material resources that normally occur with other disasters. The impact of the
next Influenza Pandemic could have a devastating effect on Collier County. The effect
on Collier County, per the Center for Disease Control estimates, could be:
-
. Up to 114,350 people will suffer from illness
. Approximately 57,100 people will require hospitalization
. 163 to 1,887 people will require ICU care, with 82 to 944 needing mechanical
ventilation
. 266 to 2,452 deaths, over and above the expected annual influenza deaths, could
occur
Effective preventative and therapeutic measures, including vaccines, antiviral agents and
antibiotics to treat secondary infections will likely be in short supply, With widespread
illness in the community, emergency responders (emergency medical, police, fire) and
healthcare workers will be at a higher risk of exposure and illness than the general
population which could impede the care of victims, Significant shortages of personnel
providing other critical and essential community services are also likely to occur. If a
Pandemic Influenza outbreak occurs, shortages in preventative supplies will also occur.
An "on hand" supply of respirator masks and hand sanitizer as a preventative measure
will;
. Help to protect the County's emergency responders, healthcare providers, and
other essential service personnel.
. Allow essential County services and facilities to continue operation.
. May help contain the spread of illness in the community
,-.
Agenda Item No, 16F4
April 25, 2006
Page 2 of 3
FISCAL IMP ACT: The preventive supplies order will consist of three hundred and
thirteen (313) cases of protective masks (75,000 units) at a cost of $24,640, and four
hundred and seventeen (417) cases of hand sanitizer (20,000 units) at a cost of $11,000.
A Budget Amendment in the amount of$35,640 is needed to transfer funds from the General
Fund (001) Reserves for Contingencies to General Fund (001), Emergency Management
Administration,
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: Board of County Commissioners approval of a Budget
Amendment in the amount of$35,640 to purchase Pandemic Flu protective supplies.
Prepared By: Darcy Waldron, Sr. Administrative Assistant
Department of Emergency Management
Agenda Item No, 16F4
April 25, 2006
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16F4
Recommendation for approval of a Budget Amendment to fund the purchase of Pandemic
Influenza protective supplies in the amount of $35,640.
Meeting Date:
4/25/2006 9:00:00 AM
Approved By
Dan E. Summers
Bureau of Emergency Services Director
Date
County Manager's Office
Bureau of Emergency Services
4/10/200612:03 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/10/20061:57 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/13/20063:33 PM
Approved By
Leo E, Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4/13/20064:36 PM
EXECUTIVE SUMMARY
Agenda Item No, 16F5
April 25,2006
Page 1 of 24
Recommendation to award Bid # 06-3954 to multiple vendors for "EMS Expendable
Medical Supplies and Equipment."
OBJECTIVE: To contract with multiple firms in order to provide EMS expendable medical
supplies and equipment from the lowest qualified and responsive bidders.
CONSIDERA TIONS: This bid award provides for the purchase of one-time use supplies and
equipment such as bandages, splints, catheters, syringes, tubing, etc.
On February 3, 2006 bids were solicited by the Purchasing Department. The requests for bid
were issued to 18 firms. A total of 10 firms responded by the deadline of March 1, 2006, Staff
recommends award to the following finns:
1. Alliance
2. Boundtree
3. Emergency Medical Supply
4. Henry Schein
5. Kentron
6. Medtronic Emergency Response Systems
7. Southeastern
8. Supreme Medical Fulfillment
9. Tri-Anim Health Services, Inc.
10. Zoll
The low bidder will be contacted first. Should items not be available through the low bidder,
staff will proceed to the next low bidder.
The following items were not awarded:
Bag Valve Masks, adult, pediatric and neonatal
Glucometer lancets and sensors
Ng tubes, sizes l2fr, 14fr, l6fr and 18fr salem sump
Pack - cold
Pack - hot
Snaplocks, cynch,red
Suction catheters, sizes 6fr, 8fT, 10fr, 12fr, 14fr, 18fr
Staff will contact bid awardees under separate cover in regard to these items.
FISCAL IMP ACT: Funds for these services are available for FY 06 in Fund 490 as adopted by
the Board on September 22,2005
GROWTH IMP ACT: There is no Growth Management Impact resulting from this action.
- RECOMMENDATIONS: That the Board of County Commissioners award Bid #06-3954 to
the ten firms listed above.
PREPARED BY: Jeff Page, Chief, Emergency Medical Services
Agenda Item No, 16F5
April 25, 2006
Page 2 of 24
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16F5
Meeting Date:
Recommendation to award Sid # 06-3954 to multiple vendors for EMS Expendable Medical
Supplies and Equipment.
4/25/2006 9:00:00 AM
Prepared By
Jeff Page
EMS Chief
Date
Bureau of Emergency
Services
EMS
4/101200611 :33:53 AM
Approved By
Scott Johnson
Purchasing Agent
Date
Administrative Services
Purchasing
4/11/20068:49 AM
Approved By
Jeff Page
EMS Chief
Date
Bureau of Emergency
Services
EMS
4/1112006 9:03 AM
Approved By
Mike Hauer
Acquisition Manager
Date
Administrative Services
Purchasing
4/11/2006 1 :16 PM
Approved By
Steve Carnell
Purchasing/General Svcs Director
Date
Administrative Services
Purchasing
4/12/20062:32 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/13/20065:28 PM
Approved By
Leo E. OChs, Jr,
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4/14/2006 11 :41 AM
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Agenda Item No. 16F6
April 25, 2006
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation to recognize additional funds received from the State of Florida for the
Emergency Medical Services County Grant Program and to approve a Budget Amendment
to appropriate funds in the amount of $53,594.
OBJECTIVE: To recognize additional funds received for a grant award to improve and
enhance the County's pre-hospital emergency medical services and approve a Budget
Amendment to appropriate the funds to Fund 491.
CONSIDERA TIONS: On January 24, 2006, Agenda Item 16F7, the Board of County
Commissioners approved submittal of a grant application to the Florida Department of Health
under the Emergency Medical Services County Grant Program in the amount of $137,829.00.
On February 22, 2006 notice was given that the grant was awarded in the amount of $143,594.
No matching funds are necessary. Funds cannot be used to supplant existing County EMS
budget allocations.
The funding will be used to improve Emergency Medical Services with training and
medical/rescue equipment. The grant period is fi'om October 1,2005 to September 30,2006.
FISCAL IMP ACT: A total of $90,000 was budgeted in FY 06 for the EMS County Grant
Program in Fund 491 - EMS Grants. A Budget Amendment is necessary to appropriate the
additional funds of $53,594 to Fund 491.
GROWTH IMP ACT: There is no Growth Management Impact resulting from this action.
RECOMMENDATION: That the Board of County Commissioners approve a Budget
Amendment for $53,594 to appropriate grant funds in excess of the FY 06 budgeted amount of
$90,000 to Fund 491 - EMS Grants.
PREPARED BY: Jeff Page, Chief, Emergency Medical Services
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 16F6
April 25, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16F6
Recommendation to recognize additional funds received from the State of Florida for the
Emergency Medical Services County Grant Program and to approve a Budget Amendment to
appropriate funds in the amount of $53,594.
4/25/20069:00:00 AM
Prepared By
Jeff Page
Bureau of Emergency
Services
EMS Chief
Date
EMS
4/10/200611:26:44 AM
Approved By
Jeff Page
Bureau of Emergency
Services
EMS Chief
Date
EMS
4111/20069:01 AM
Approved By
Marlene J. Foord
Administrative Services
Grants Coordinator
Date
Administrative Services Admin.
4/11120061:15 PM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
411312006 1 :30 PM
Approved By
Darcy Waldron
County Manager's Office
Senior Administrative Assistant
Date
Emergency Management
4113/2006 1 :49 PM
Approved By
Dan E. Summers
County Manager's Office
Bureau of Emergency Services Director
Date
Bureau of Emergency Services
4113120061:53 PM
Approved By
Michael Smykowski
County Manager's Office
Management &. Budget Director
Date
Office of Management & Budget
4113120061 :59 PM
Approved By
Leo E. Ochs. Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4113/20064:38 PM
Agenda Item No. 16G1
April 25, 2006
Page 1 of 15
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners, acting as the Community
Redevelopment Agency (CRA), approve the 2005 Annual Report of the CRA, direct the
County Manager or his designee to file the Annual Report with the Board of County
Commissioners (BCC) and to direct the County Manager or his designee to publish notice
of filing the report.
OBJECTIVE: Recommendation that the Board of County Commissioners, acting as the
Community Redevelopment Agency (CRA), approve the 2005 Annual Report of the CRA, direct
the County Manager or his designee to file the Annual Report with the Board of County
Commissioners (BCC) and direct the County Manager and his designee to publish notice of
filing the report,
j...-....
CONSIDERATIONS: Florida Statutes require the CRA to file an annual report each year "of
its activities for the preceding fiscal year, which report shall include a complete financial
statement setting forth its assets, liabilities, income, and operating expenses as of the end of such
fiscal year." The "2005 Annual Report," attached as Exhibit I, includes these requirements for
the fiscal year ending September 30, 2005. The report accurately reflects the income, operating
expenses and account balances at the end of the 2005 fiscal year. Approval of this report will
enable its filing with the BCC pursuant to Sec, 163,356 (3) (c), Florida Statutes, Please note that
a complete audit of the 2005 CRA financials is perfonned along with the overall audit of Collier
County, pursuant to Florida Statute Sec, 163,387(8), and is not a part of this report,
FISCAL IMPACT: None, The express purpose of this action is to direct the filing of the 2005
Annual Report with the BCC and direct publication of notice,
GROWTH MANAGEMENT IMPACT: None,
LEGAL CONSIDERATIONS: The recommended action is consistent with all applicable
constitutional and general law, consistent with the requirement of section 163.461, and complies
with adopted County regulations, and thus, is legally sufficient for Board consideration and
approval.
RECOMMENDATION: That the CRA approve the 2005 Annual Report of the CRA, direct
the County Manager or his designee to file the report with the BCC and direct the County
Manager or his designee to publish notice.
Prepared by: Randall J. Cohen. AICP. Director. Comprehensive Planning
~-
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 1681
April 25, 2006
Page 2 of 15
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
16G1
Recommendation that the Board of County Commissioners, acting as the Community
Redevelopment Agency (CRA), approve the 2005 Annual Report of the CRA, direct staff to
file the Annual Report with the Board of County Commissioners (BCC) and to direct the
County Manager or his designee to publish notice of filing the report.
4/25/20069:00:00 AM
Prepared By
Randall J. Cohen
Community Development &
Environmental Services
Commuinty Planning and
Redevelopment Manager
Date
Comprehensive Planning
4/6/20063:14:37 PM
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Community Development &
Environmental Services Admin.
Date
417/20069:50 AM
Approved By
Randall J. Cohen
Community Development &
Environmental Services
Commuinty Planning and
Redevelopment Manager
Date
Comprehensive Planning
4/71200610:57 AM
Approved By
Marjorie M. Student-Stirling
County Attorney
Assistant County Attorney
Date
County Attorney Office
417/2006 1 :26 PM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
4/7/20068:32 PM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
4110/200610:54 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
4/14/2006 1 :00 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/14/20065:19 PM
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Agenda Item No. 1681
April 25, 2006
Page 5 of 15
Requested- Requested-
Fund Comm. Forecast Current Expanded 05-
Fund Center Item FY 04-05 FY 05-06 06
187 138325 512100 58,700 88,000 72,300
187 138325 519100 0 4,800 0
187 138325 521100 4,700 6,900 5,600
187 138325 522100 4,700 8,800 6,800
187 138325 523150 10,200 9,700 19,400
187 138325 523160 300 500 400
187 138325 524100 1,500 100 0
187 138325 634999 288,600 250,000 0
187 138325 634970 1,200 3,100 0
187 138325 634980 1,000 1,000 0
187 138325 639967 7.200 7,200 0
187 138325 640200 500 1,000 0
187 138325 640300 0 6,000 0
187 138325 640310 (500 ) 0 2,000
187 138325 641100 800 0 0
187 138325 641700 200 1,000 0
187 138325 641900 7,000 4,200 0
187 138325 641950 500 1,000 0
187 138325 643100 3,000 3,000 0
187 138325 643400 500 1,000 0
187 138325 644100 12,300 12,500 0
187 138325 645100 2,000 900 0
187 138325 646710 0 500 0
187 138325 646910 0 500 0
187 138325 647110 0 2,000 0
187 138325 649100 700 1,000 0
187 138325 651110 3,000 3,000 1,000
187 138325 651210 500 2,000 0
187 138325 651910 0 2,000 0
187 138325 651950 500 1.000 0
187 138325 652920 0 1.000 0
187 138325 652990 500 4,000 0
187 138325 653710 0 1,000 0
187 138325 654210 500 1,200 0
187 138325 654360 0 500 2,000
187 138325 883100 24.000 0 0
187 138325 884200 176,000 ] 00,000 0
187 138325 763501 0 150,000 0
187 138325 763310 0 20,000 0
187 138325 764360 0 3,000 2,000
187 138325 764900 0 4,000 3,000
187 919010 993000 0 1,941,000 (114,500)
187 989010 361170 (500) (500) 0
187 989010 361180 (5,000) (5,000) 0
187 919010 489200 (1,227.000) (1,455,400) 0
187 919010 489900 0 300 0
187 929010 481001 (689,500) (983.200) 0
.,.--..
187
929010
481111
(143,500)
(204,600)
Agenda Item No. 16G1
April 25, 2006
Page 6 of 15
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Agenda Item No. 16G1
April 25, 2006
Page 9 of 15
COLLIER COUNTY CRA 2005 ANNUAL REPORT
(BAYSHORE/GATEWAY TRIANGLE AND THE
IMMOKALEE REDEVELOPMENT AREAS)
1. Business firms and individuals assisted by the community-based development
organization:
Bayshore/Gateway Triangle Redevelopment Area
Residential Rehab Grants
Mitzi Sheehan
Commercial Rehab Grants
None
Impact Fee Assistance Project
None
Immokalee Redevelopment Area
Residential Impact Fee Deferral Program
Arevalo Jr, Juan and Margarita
Becerra
Barajas, Ricardo and Elma
Benitez, Luiz and Sandra
Blanc, Dorcilien & Marie
Celestin
Ceac, Jean and Marie
Guadian, Reyes and Christiana
Jean Marie, Joseph and Immacula
Barajas, Ismeal and Maria
Chavez Jr, Esteban and Nancy
Garcia
Cisneros, Yadira
Damas, Elina
Hall, Regina
Herrera, Joseph and Maria
Munguia, Steven and Sandra
Cantu
Ocanas, Minerva
Pena-Arreguin, Gloria
Puente, Pedro and Sandra
Valdez, Mark and Erica
Docsol, Desilia and Yteras
Exulus
Exilus, N, Jean Jacques/ Dorzilia
Docsol
Camargo, Jamie and Serafina
Agenda Item No. 16G1
April 25, 2006
Page 10 of 15
Gonzalez, Camelia
Ramirez, Rodolfo and Maribal
Saucedo, Jesus & Onelia Andrade
Lugo
Oce, Madelia
Avalos, Michelle
Avila, Juan and Maria
Dupera, Melila
Gonzalez, Martha
Harding, Delma
Jaimes, Angel and Darita
Mathurin, Maria
Nerio, Joel and Nancy
Opont, Lauzamene & M Seme
Phillips, Brandy
Williams, Charlie
Armand, Junie
Beltran, Audino and Lourdes
Boss, Eldiket & Mariaka
Chaparro, Guadalupe
Jaimes, Albertano
Romeus, Melege and Muramene
Sustaita, Jose and Silvia
Trejo-Cruz, Orlando and Maria
Valiterra, Armando and Sandra
NeSmith
Avelar, Leticia
De La Rosa, Maricela
Zepeda, Anita
Dumas, Marie
Mervilus, Nancie & Celius
Pierre, Alain and Anne
Leon, Felimon and Maria
Mandujano, David & Ma Rocio
Martinez, Rosa
Martinez, Ruben & Horalia
Mendoza, Alejandro & Letitia
Perez, Patricia
Rodriguez, Adiran and Maribel
Arriaga
Abrigo, Jesus and Anna
Calixto, Fabian and Andrea
Carelus, Agathe
Castro, Daniel and Yolanda
Hinojosa, Milton and Roseangel
Reyes, Ivan and Maria
Agenda Item No. 16G1
April 25, 2006
Page 11 of 15
Sebastian, Pascual and Maria
Soto, Victor and Blanca
Thervil, Koeurlose
Mendoza, Francisco & Maria
Rojas De Vera
Carrillo, Idlefonso & Laura
Centeno, Javier & Alicia
Cervantes, Antonio & Maricela
Destine, Marie
Dieuse1, Jean and Jocelyne
Demaraire
Lancaster, Charles & Frieda
Belrice, Antoine & M, Jean Pierre
Brown, Tomassa
Candia, Hienio & Maggie Montez
Cruz, Patricio and Reyna Ramirez
Franco, Bernabe and Maria
Gunn, Tedra Annette
Jiminez, Javiar and Joann
Joseph, Eugene & Wilda
Maldonado, Guadalupe & M,
Rodriguez
Muniz, Elizabeth
Partida, Anita
Ponce, Erick and Anita Garza
Villegas, Luis and Ma A, Leon
Villegas, Miguel & Ma M Vera
Tax Stimulus Program
None
Fee Payment Assistance Program
Genapo 1
Guadalupe Center
Training and Manufacturing Institute
Salazar Machine
2. Type, source, purpose, and amount of each individual grant, loan, or donation
received by the community-based development organization during the reporting
period.
Bayshore/Gateway Triangle Redevelopment Area
None,
Immokalee Redevelopment Area
None,
Agenda Item No. 16G1
April 25, 2006
Page 12 of 15
3. Number of paid and voluntary positions within the community-based
development organization.
Bayshore/Gateway Triangle Redevelopment Area
· (1) paid Executive Director, (2) project managers and (9) advisory board
vo lunteers
Immokalee Redevelopment Area
· (1) paid County staffliaison and (13) advisory board volunteers
4. Salaries and administrative and operating expenses of the community-based
development organization.
Please see attached spreadsheets,
5. Identification and explanation of changes in the boundaries of the target area.
Bayshore/Gatewav Triangle Redevelopment Area
None,
lmmokalee Redevelopment Area
The CRA boundary includes the Immokalee urban area and adjacent lands including the
Rural Lands Stewardship Area (RLSA),
6. Amount of earned income from projects, programs, and development activities.
Bayshore/Gatewav Triangle Redevelopment Area
None.
lmmokalee Redevelopment Area
None,
7. Number and description of projects in redevelopment phase, projects under
construction, ongoing service programs, construction projects completed, and
projects at sellout or lease-up and property management phase, and a written
explanation of the reasons that caused any projects not be completed for the
projected development phase.
Agenda Item No. 16G1
April 25, 2006
Page 13 of 15
Bavshore/Gatewav Triangle Redevelopment Area
.
Ongoing service programs include the Rehabilitation Grant Program for
residential and commercial structures,
Davis Blvd median landscape project completed,
Haldeman Creek 2nd Arts Festival.
Engineering of Davis Boulevard street1ighting.
US41 & David Blvd intersection landscape project completed,
Draft of Bayshore/Gateway Triangle zoning overlay completed by consulting firm
of HDR, 1nc,
.
.
.
.
.
Immokalee Redevelopment Area
The CRA has hired a consultant, the RMPK Group, to engage in a planning study of the
area that will most likely result in the revision of the Immokalee Area Master Plan and
the Land Development Code,
The CRA is also funding the lmmokalee Weed & Seed program for a period of up to six
months. At that time other grant monies will continue to support the lmmokalee Weed &
Seed program. The CRA has also initiated the establishment of Florida State University's
School of Medicine rural health training center in lmmokalee. This facility will be used
to train nurses, social workers, and other health care professionals who will subsequently
provide medical services to the community of Immokalee. The CRA has also agreed to
provide a portion of funding toward road and utility improvements within the 10th Street
and Clifton Street Corridors,
8. Impact of the projects, as a result of receiving funding under the CRA Act, on
residents in the target area and the relationship of this impact to expected outcomes
listed in the organization's annual revitalization plan.
Bavshore/Gateway Triangle Redevelopment Area
The Rehabilitation Grants Program resulted in one completed residential site
improvement. Meetings held as part of the Bayshore & Gateway Triangle Overlay public
information program generate significant investor, developer and residential interest.
Immokalee Redevelopment Area
The Immokalee Weed and Seed program has substantially benefited residents in the
target area - which has subsequently aligned itself with the redevelopment plan,
According to Section 4.4 of the redevelopment plan (Community Objectives), the
enhancement of the community image and the perception of the community as a safe
town are emphasized in the area in order to "increase community policing activities;
maximize current recreational activities; create an incentive program for litter control and
Agenda Item No, 16G 1
April 25, 2006
Page 14 of 15
neighborhood cleaning," Also, under Section 4.7 (Redevelopment Area Goals),
"neighborhood stability is encouraged through the implementation of additional
streetlights, sidewalks, and the landscaping throughout the community,"
9. The number of housing units rehabilitated or constructed at various stages of
development, predevelopment phase, construction phase, completion and sellout or
lease-up phase, and condominium or property management phase by the
community-based development organization during the reporting period.
Bayshore/Gateway Triangle Redevelopment Area
The redevelopment area does not operate a housing purchase-rehabilitation-sale program,
Private residential development (Botanical Place) is under construction with a total of
218 units, sixty-four (64) ofthe housing units are affordable housing units,
Immokalee Redevelopment Area
The redevelopment area does not operate a housing rehabilitation program.
10. Number of housing units, number of projects, and number of persons served by
prior projects developed by the organization, the amounts of project financing
leverage with state funds for each prior and current project, and the incremental
amounts of local and state real estate tax and sales tax revenue generated directly by
the projects and programs annually.
Bayshore/Gatewav Triangle Redevelopment Area
There were no CRA generated, funded and controlled projects during this period,
Immokalee Redevelopment Area
Tax increments will not be known until the next property tax year, as counties tax one
year in arrears, per state law, The recipients' properties listed in section I will be
analyzed in the next fiscal year for property tax increases,
11. The number of jobs, both permanent and temporary, received by individuals
who were directly assisted by the community-based development organization
through assistance to the businesses such as loan or other credit assistance.
Bavshore/Gateway Triangle Redevelopment Area
N/A
lmmokalee Redevelopment Area
N/A
Agenda Item No. 16G1
April 25, 2006
Page 15 of 15
12. Identification and explanation of changes in the boundaries of the service area.
Bayshore/Gateway Triangle Redevelopment Area
None,
1mmokalee Redevelopment Area
None,
13. The impact of completed projects on residents in the target area and the
relationship ofthis impact to expected outcomes listed in the organization's annual
revitalization plan.
Bayshore/Gateway Triangle Redevelopment Area
There were no CRA generated, funded and controlled projects during this period.
Immokalee Redevelopment Area
There have been no completed projects during FY 04-05.
Agenda Item No. 1682
April 25,2006
Page 1 of 5
EXECUTIVE SUMMARY
To approve and execute Site Improvement Grant Agreements between the Collier County
Community Redevelopment Agency and grant applicants within the Bayshore Gateway
Triangle Community Redevelopment area.
OBJECTIVE: To approve and execute the Site Improvement Grant agreements between the
Community Redevelopment Agency (CRA) and grant applicants within the Bayshore Gateway
Triangle Community Redevelopment area.
CONSIDERATIONS: The Commlmity Redevelopment Agency's Site Improvement Grant
program for the Bayshore Gateway Triangle Community Redevelopment area is funded at
$100,000 for FY2006, The purpose of the Grant is to provide an incentive to revitalize the area
by providing a matching grant to encourage the private sector to invest in their property, The
grant requires at least a 50% match from the applicant and is funded by Tax Increment Funds,
The Bayshore Gateway Triangle Community Redevelopment Agency Local Advisory Board
reviewed the application on April 4, 2006 and recommended for CRA Board approval the
following Site Improvement Project of not to exceed $8,000.00 for:
1, Donald Sheehan - 2559 Manorca Avenue
FISCAL IMPACT: Sufficient budget exists within the Bayshore Gateway Triangle Fund (187)
"..- to fund the requested grants. A Site Improvement Grant may provide up to 50% of the cost of
commercial or owner occupied residential improvements not to exceed $8,000. The above site
improvement grant recommended for funding is valued at $8,000. Funding this grant request will
leave available grant dollars totaling $44,000.
GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the
Growth Management Plan states that redevelopment plans may be developed for specific areas
within the County, including the Bayshore Gateway Triangle CRA, that may consider alternative
land use plans, modifications to development standards, and incentives to encourage
redevelopment.
RECOMMENDA TION: That the CRA Board approves and authorizes for execution the Site
Improvement Agreement between the Community Redevelopment Agency and Donald Sheehan.
Prepared by:
David L. Jackson on April 5,2006
Executive Director
Bayshore/Gateway Triangle Community Redevelopment Agency
--
Item Number:
Item Summary:
Meeting Date:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Agenda Item No. 16G2
April 25, 2006
Page 2 of 5
16G2
To approve and execute Site Improvement Grant Agreements between the Collier County
Community Redevelopment Agency and grant applicants within the Bayshore Gateway
Triangle Community Redevelopment area.
4/25/20069:00:00 AM
Prepared By
David Jackson
Community Redevelopment
Agency
Executive Director
Bayshore-Gateway Redevelopment
Date
4111120063:18:41 PM
Approved By
David Jackson
Community Redevelopment
Agency
Executive Director
Bayshore-Gateway Redevelopment
Date
4111/2006 3:20 PM
Approved By
Marjorie M. Student-Stirling
County Attorney
Assistant County Attorney
County Attorney Office
Date
4/12/20064:19 PM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Office of Management & Budget
Date
4/13120064:19 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
County Manager's Office
Date
4113120064:53 PM
Agenda Item No. 16G2
April 25,2006
Page 3 of 5
GRANT AGREEMENT BETWEEN eRA AND OWNER
FOR SITE IMPROVEMENT FOR BA YSHORE/GA TEW A Y TRIANGLE
REDEVELOPMENT AREA
THIS AGREEMENT ENlERED this _ day of , _ by and
between the Collier County Community Redevelopment Agency (hereinafter referred to as
"CRA") and ~pt.,..'") J.S~HMJ (hereinafter referred to as "Owner").
WIT N E SSE T H:
WHEREAS, in Collier County Ordinance No. 2002-38, the Board of County
Commissioners delegated authority to the CRA to award and administer CRA grants including
contracts with owners for CRA grants; and
WHEREAS, Owner has applied for a site improvement grant in the amount of ~.()O
dollars; and
was
WHEREAS, the CRA has determined that Owner meets the eligibility requirements and
approved for a grant award in the amount of 8/~' dl) dollars on
("CRA Approval"), which is ~% of the costs to
construct the site improvements.
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other valuable consideration, the parties agree as follows:
1. Owner acknowledges to the CRA that Owner has received a copy of the Collier
County Community Site Improvement Grant Program (hereinafter referred to as "Grant
Program"), that Owner has read the Grant Program, and that Owner has had ample opportunity
to discuss the Grant Program with Owner's counselor advisor. Owner further acknowledges to
the CRA that Owner understands and agrees to abide by all of the terms and conditions of the
Grant Program. Owner agrees to the terms and conditions of the Grant Program, a copy of which
is attached as Exhibit "A" and incorporated herein.
2. Owner is the record owner of property described as 2~~-q NJcNo/!.LA Me-.
0(" 'L~~ 0 Lee- ST. I
3. Owner has agreed to make certain improvements to the property pursuant to the
grant application submitted to the CRA dated MAJutl3 J I 2-01) c... . (the "Site
Improvements") Attached hereto as Exhibit A and incorporated herein by reference.
4. Owner agrees to complete the construction of the Site Improvements within one
(I) year of CRA ApprovaL Owner also agrees to fund at least 50% of the costs of the Site
Improvements.
Agenda Item No. 16G2
April 25, 2006
Page 4 of 5
fftM, U7J
administered pursuant to the terms of this Agreement based on an estimated cost of
$ Z'fJ ~ {. cfV. If the actual costs are less than the estimated costs to construct the Site
Improvements, the grant amount shall be reduced to equal the percent of the Site Improvement
costs approved for funding by the CRA.
5.
CRA has approved a grant to Owner in the amount of
to be
6. Unless prior disclosure is included in the grant application, no Owner, or any
immediate relative of Owner, shall serve as a contractor or subcontractor for the construction of
the Site Improvements and no Owner, or any immediate relative of Owner, shall receive
compensation for labor for the construction of the Site Improvements. An immediate relative of
Owner shall include mother, father, brother, sister, aunt, uncle and cousin or family member by
marriage to include mother-in-law, father-in-law, brother-in-law and sister-in-law.
7. Owner agrees to obtain all necessary permits and submit any required plans to the
County's Community Development and Environmental Services Division. Upon completion of
the work, Owner shall submit to the CRA staff a project summary report, two (2) 8 x 10 after
photos, a list of materials and construction techniques used, a list of architects and/or contractors,
and any other information specific to the project or requested by the CRA staff. The CRA
through its stan: shall confirm that the Site Improvements were constructed pursuant to the terms
of the application approved by the CRA
8 Within forty-five (45) days after confirmation that the Site Improvements were
constructed pursuant to the terms of the approved application, Owner shall be issued a check in
the amount of the grant. However, if Owner fails to make the improvements pursuant to the
terms of the approved application, or if the project is not completed within one (1) year ofCRA
approval, or if Owner fails to fund at least 50% of the cost of the Site Improvements, the grant
shall be deemed revoked and Owner shall be entitled to no funding.
9.
of Florida.
This Agreement shall be governed and construed pursuant to the laws of the State
10. This Agreement contains the entire agreement of the parties and their
representatives and agents, and incorporates all prior understandings, whether oral or written.
No change, modii1cation or amendment, or any representation, promise or condition, or any
waiver, to this Agreement shall be binding unless in writing and signed by a duly authorized
officer of the party to be charged.
11. This Agreement is personal to Owner, and may not be assigned or transferred by
Owner or to Owner's respective heirs, personal representatives, successors or assigns without the
prior written consent of the CRA.
Agenda Item No. 16G2
April 25, 2006
Page 5 of 5
IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year
first written above.
~u
Printedffyped Name
(~
\?a'AN A, <:;e~-esk{'
Prillted!fyped Name
OWNER:
ByO,^,,(j ~.~
~C{\<A \ cA -..T S ~ e.-~~~ ,J
Printed!fyped Name
ATTEST:
DWIGHT E. BROCK, Clerk
COLLIER COUNTY COMMUNITY
REDEVELOPMENT AGENCY
, Deputy Clerk
By:
OC'N N A ~.:t:fTW:fChairman
Approved as to fonn and
legal sufficiency:
. ;J\rL~ U-0 m fJiU,(J ,d - itul { "',
0\: ~O\"\{. (Y) . 5h.rlerrt-- s-\-\ r h ra
AssIstant l:bunty Attorney ~
Agenda Item No. 16H1
April 25, 2006
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
associations/organizations serves a valid public purpose, provided that said functions reasonably
relate to Collier County matters,
COMMISSIONER: Frank Halas
FUNCTION/EVENT: Florida Gulf Coast University (FGCU) Commencement at Alico Arena
in Ft, Myers, Florida
PUBLIC PURPOSE: Support the FGCU graduating class and meet with school dignitaries.
DATE OF FUNCTION/EVENT: April 29, 2006
FISCAL IMPACT: $11.50 Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
resolution No. 99-410, approve payment by the Clerk for Commissioner Frank Halas to attend
function serving a valid public purpose.
PREP ARED BY: Sandra Lea, Executive Aide to BCC
Agenda Item No. 16H1
April 25.2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16H1
Commissioner Halas requests Board approval for payment to attend function serving a valid
public purpose to attend the Florida Gulf Coast University Commencement ceremonies on
Saturday, April 29, 2006. at the Alico Arena in Ft. Myers, Florida, $11.50 to be paid from
Commissioner Halas' travel budget.
Meeting Date:
4/25/2006 90000 AM
Approved By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
BCC Office
4112/2006 11 :25 AM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4/12/2006 11: 54 AM
o
FWRIDA
GULF COAST
UNIVERSITY
Agenda Item No. 16rW'Pr
April 25, 20013
Page 3 of 3
Office of the President
March 29, 2006
..,'--"")
_, ",i-i'
~:-.:-:)
Commissioner Frank Halas
Collier County Board
County Government Complex
3301 East Tamiami Trail
Naples, FL 34112
.,..".;..,:y:c:r:::
Dear Frank,
I would like to invite you to attend Florida Gulf Coast University's Commencement
ceremonies for students graduating this spring on Saturday, April 29th, at the Alico
Arena. Once again, the event will be divided into two different sessions to allow all of
our graduates' families and friends to attend.
/ First Ceremony: 9:00 a.m. College of Arts and Sciences
College of Business
Second Ceremony: 2:00 p.m.
College of Education
College of Health Professions
College of Professional Studies
There will be a continental breakfast served in the Alico Arena's Hospitality Suite prior
to the 9:00 a,m. ceremony and a light lunch will be served at 1 :00 p.m., I welcome you
and a guest to join us for this very special day. Each ceremony should last approximately
two hours.
Please call 239-590-1055 and let us know whether you will be attending one or both of
the ceremonies, and we will send you the appropriate VIP information. We look forward
to seeing you on April 29th.
Sincerely,
~i~.~
William C. Merwin
President
Florida Gulf Coast University
(239) 590-1055 TTY: (239) 590-1450 SUNCOM: 731-1 000 FAX: (239) 590.1059 http://www.fgcu.edu
1050 I FGCU Bouievard South . Fort Myers, Florida 33965-6565
An Affinnative Action Equal Opportunity Employer . A member of t~e S"'te University System of Florida
Agenda Item No. 16H2
April 25, 2006
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
associations/organizations serves a valid public purpose, provided that said functions reasonably
relate to Collier County matters.
COMMISSIONER: Frank Halas
FUNCTION/EVENT: The 2006 Tourism Week Celebration at the Naples Grande Resort &
Club in Naples, Florida,
PUBLIC PURPOSE: Participate in the celebration and recognition of tourism efforts in Collier
County,
DA TE OF FUNCTION/EVENT: May 19, 2006
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 Frank Halas to attend
function serving a valid public purpose.
PREPARED BY: Sandra Lea, Executive Aide to BCC
Agenda Item No. 16H2
April 25, 2006
Page 2 of 4
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16H2
Meeting Date:
Commissioner Halas requests Board approval for payment to attend function serving a valid
public purpsose to attend the 2006 Tourism Week Celebration at the Naples Grande Resort
& Club in Naples, Florida on Friday, May 19, 2006; $25.00 to be paid from Commissioner
Halas' travel budget.
4125/20069:00:00 AM
Item Summary:
Approved By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
BCC Office
4112/200611:24 AM
Approved By
Leo E. Ochs, Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4/12/2006 11: 54 AM
pril 25, 2006
Page 3 of 4
Page 1 of2
Save the Date! 2006 Tourism Awards
..
.;.,- ~
LeaSandra
From: CVB Sales {debide@colHergov.net1
Sent: Friday, April 07, 20063:11 PM
To: HalasFrank
subject: Save the Date! 2006 Tourism Awards
Paradise Coast
Sand Dollar Awards
q'he 2006 q'ourism tWee~Cefe6ration
'R./cognizi:nlJ tlie rofe of tourism in Collier County anti tfwse wfw ma~ it liappen.
:M.a~ prans to join us for tlie 2006 rrourism Week-Lunclieon.
:M.ay 19t1i at 12:00 p.m. at t/ie :NapCes qratule c.R.#ort & Club.
We 'Wif[ be cekbrating our successful tourism ifforts in
Collier County ana recoonizing tlie many men anti' women
w/io /iave contributed'to its success.
(}Jon't foroet to fill out your nomination fannI
CCic-tJiere to file out the on-fine SandCDo{Car JIward
nomination form or down{oad tlie form for fa:(jng or maifing.
Porms must 6e returned to tlie Co/ill 6y JIpri117) 2006.
Save the Date! 2006 Tourism Awards
Agenda 'tf~~J ~t~
April 25, 2006
Page 4 of 4
. .t..
)Iff attetufees must ~S. ~CP. in advance. )ldmission is $25per
person paya6Ce at the door. Cash or cnec~ (made paya6Ceo :N"apCes
qrantfe ~ort & CCu6) 'WiCC 6e tlie onCy fonns of payment accepted.
Por adilitionaC infonnation or to ~s. ~q> contact (j)e6orah !McCa6e
via ~-maiC or plione 239-403-2384.
3050 Horseshoe Drive N. Suite 218, Naples, Florida 34104
Tel: (239) 403-2379 Fax: (239) 403-2404
email: DeborahM~.c1!t>~
www.ParadiseCoast.com
This email was sent to frankhalas@colliergov.net by CVB Sales
Greater Naples, Marco Island, Everglades CVB, 3050 Horseshoe Dr. N., Suite 218 Naples, FL 34104
Unsubscribe I Update Profile I Sender Info I Reoort Abuse I Forward
En Flyer The Email Marketina EXDerts
This email message may contain an advertisement or solicitation.
4/7/2006
Save the Date! 2006 Tourism Awards
Agenda Itf~~o~ ~t~
April 25, 2006
Page 4 of 4
.J. " ...
ft{[ atterufees must ~S. ~ ([J. in advance. ftdmission is $25per
person paya6fe at tlie door. Casli or chec~ (matfe paya6t:eo Napfes
qranae ~ort & CCu6) wi{[ 6e tlie onCy forms of payment acceptetf.
Por adilitional infonnation or to 'lts. ~ CP contact (])e6orali 9rlcCa6e
via .e.-mail or pnone 239-403-2384.
3050 Horseshoe Drive N. Suite 218, Naples, Florida 34104
Tel: (239) 403-2379 Fax: (239) 403-2404
email: Deborah M~.c_i.!P~
www.ParadiseCoast.com
This email was sent to frllnkhlllas@cotliergov.net by CVB Sales
Greater Naples, Marco Island, Everglades eVB, 3050 Horseshoe Dr. N., Suite 218 Naples, FL 34104
Unsubscribe I Uodate Profile I Sender Info I Reoort Abuse I Forward
EnFlver The Emai! Marketing Experts
This email message may contain an advertisement or solicitation.
4/7/2006
Agenda Item No. 16H3
April 25,2006
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: Naples Alliance for Children Annual Advocacy Dinner
PUBLIC PURPOSE: Represent the county & network with constituents
DA TE OF FUNCTION/EVENT: April 5, 2006
FISCAL IMPACT: $35,00 Funds to be paid from Commissioner's travel budget.
RECOMMENDATION: That the Board of County Commissioners, in accordance with
Reso lution No, 99-410, approve payment by the Clerk for Commissioner to attend
function serving a valid public purpose.
PREPARED BY: Kendra Hastings, Executive Aide to BCC
APPROVED BY: Sue Filson, Executive Manager to BCC
AGENDA DATE: 04/25/06
Agenda Item No. 16H3
April 25, 2006
Page 2 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16H3
Item Summary:
Commissioner Fiala requests Board approval for reimbursement for serving a valid public
purpose in attending the Naples Alliance for Children's Annual Advocacy Dinner on
Wednesday, April 5th, 2006, at the Country Club of Naples: $35.00 to be paid from
Commissioner Fiala's travel budget.
Meeting Date:
412512006 9:00:00 AM
Prepared By
Kendra Hastings
Executive Aide to the BCC
Date
Board of County
Commissioners
BCC Office
4/12/20062:53:32 PM
Approved By
Sue Filson
Executive Manager to the BCC
Date
Board of County
Commissioners
BCC Office
4112120063:37 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
4/12/20067:01 PM
Agenda Item No. 16H3
April 25,2006
~
'1]'
Invites you to our Annual Advocacy Dinner
Wednesday, April 5,2006
Country Club of Naples. 185 Burning Tree Drive n 40- 7;
5:30 pm Silent Auction/Reception/Cash Bar ~ ~ I I ~
6:30 pm Dinner and Awards ~ \ s!
Who Will Speak for the Children?
Speaker: Doug Molloy
Chief Assistant, U.S. Attorney for SW Florida
Doug Molloy has tried cases involving everything from militia-members to Washington,
D.C, influence brokers, to police corruption and now slavery cases,
He supervises and prosecutes complex criminal investigations and trials involving
organized crime, drug importation, white-collar fraud, slavery crimes prosecution,
public corruption, and civil rights prosecution.
FA MIL Y FRIENDL Y BUSINESS RECOGNITION
APPLE BLOSSOM AWARDS
For Information and Reservations
Call: 649-5260
Dinner & Program Cost: $35/person
Agenda Item No. 1611
April 25, 2006
Page 1 of 5
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
April 25, 2006
1, MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS
DIRECTED:
A, Clerk of Courts: Submitted for public record, pursuant to Florida
Statutes, Chapter 136.06(1), the disbursements for the Board of
County Commissioners for the period:
(1) March 18, 2006 through March 24, 2006.
(2) March 25, 2006 through March 31, 2006.
B. Districts:
(1) Quarry Community Development District: Minutes of October
10,2005; Agenda of October 10,2005; Minutes of October 27,
2005 (continuation of October 10, 2005),
(2) Naples Heritaoe Community Development District: Minutes of
November 14, 2005; Agenda of November 14, 2005.
C, Minutes:
(1) Collier County Library Advisory Board: Agenda of March 29,
2006; Minutes of January 26, 2006.
(2) Bayshore Beautification MSTU: Agenda of April 12, 2006;
Minutes of March 8, 2006.
(3) Forest Lakes Roadway and Drainaoe MSTU: Agenda of April
12, 2006; Minutes of March 8, 2006; Minutes of Special
Meeting of March 31, 2006.
H:\DA T A\FRONT DESK - 2006\2006 Miscellaneous Correspondenee\042506 mise corresp.doc
Agenda Item No. 1611
April 25, 2006
Page 2 of 5
(4) Conservation Collier Land Acquisition Advisory Committee:
Agenda of April 1 0, 2006; Minutes of March 13, 2006,
(5) Environmental Advisory Council: Agenda of April 5, 2006;
Minutes of March 1, 2006; Revised "A" Agenda of April 5, 2006.
(6) Golden Gate MSTU Advisory Committee: Agenda of April 11,
2006; Minutes of March 14, 2006,
(7) Collier County Plan nino Commission: Agenda of April 6, 2006;
Minutes of February 16, 2006.
(8) Collier County Citizens Corps Advisory Committee: Minutes of
March 15, 2006; Agenda of March 15, 2006.
(9) Golden Gate Estates Land Trust Committee: Minutes of
January 23, 2006; Agenda of January 23, 2006.
(10) Collier County Emeroency Medical Services Advisory Council:
Notification of Cancellation of January meeting due to lack of
quorum; Minutes of February 23, 2006,
(11) Collier County Productivity Committee: Minutes of February 15,
2006.
(a) Operational Efficiency Subcommittee: Minutes of
February 9, 2006.
(b) Administrative Efficiency and Effectiveness
Subcommittee: Minutes of February 21, 2006; Minutes of
March 7, 2006,
(c) IT Subcommittee: Minutes of February 3, 2006.
H :\DA T A \FRONT DESK - 2006\2006 Miscellaneous Conespondence\042506 misc corresp.doc
Agenda Item No. 1611
April 25, 2006
Page 3 of 5
(12) Pelican Bay Services Division: Agenda of April 5, 2006;
Minutes of March 1, 2006,
(a) Clam Bay Sub-committee: Minutes of March 22, 2006;
Agenda of April 13, 2006,
(b) Budget Sub-committee: Minutes of March 22, 2006; Agenda
of April 13, 2006,
(13) Development Services Advisory Committee:
(a) Budget and Operations Subcommittee: Agenda of April 12,
2006; Minutes of March 22, 2006.
(14) Historic & Archaeolooical Preservation Board: Agenda of April
19, 2006; Minutes of March 15, 2006,
(15) Collier County Airport Authority: Agenda of February 13, 2006;
Addendum to the February 13, 2006 Agenda; Minutes of
January 23, 2006; Minutes of February 13, 2006; Form 8B
Memorandum of Voting Conflict/Robert Doyle dated February
13, 2006; Agenda of March 28, 2006; Addendum to the March
28, 2006 Agenda; Minutes of March 28, 2006,
(16) Radio Road Beautification MSTU: Agenda of April 18, 2006;
Minutes of March 21, 2006,
(17) Collier County Domestic Animal Services Advisory Committee:
Minutes of March 21, 2006.
(18) Lely Golf Estates Beautification MSTU Advisory Committee:
Agenda of April 20, 2006; Minutes of March 16, 2006.
H:\DA T A\FRONT DESK - 2006\2006 Miscellaneous Correspondence\042506 mise corresp.doe
Agenda Item No. 1611
April 25, 2006
Page 4 of 5
(19) Immokalee Beautification MSTU Advisory Committee: Minutes
of March 15, 2006; Agenda of April 19, 2006,
(20) Golden Gate Community Center Advisory Committee: Agenda
of April 3, 2006; Minutes of April 3, 2006.
fill Other:
(1) Bayshore/Gateway Trianqle Community Development Aoency:
Agenda of January 3, 2006; Minutes of January 3, 2006;
Agenda of January 16, 2006; Minutes of January 16, 2006;
Agenda of February 7, 2006; Minutes of February 7, 2006;
Agenda of Arboretum Village Workshop of February 13, 2006;
Minutes of Arboretum Village Workshop of February 13, 2006;
Agenda of March 7, 2006; Minutes of March 7, 2006; Agenda of
Arboretum Village Workshop NO.2 on March 27, 2006; Minutes
of the Arboretum Village Workshop No, 2 on March 27, 2006,
H:\DA T A\FRONT DESK - 2006\2006 Miscellaneous Correspondenee\042506 mise corresp.doc
Agenda Item No. 1611
April 25, 2006
Page 5 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
1611
Item Summary:
Meeting Date:
Miscellaneous Correspondence to file for record with action as directed.
4/25120069:00:00 AM
Prepared By
Sam Tucker Executive Aide to the BCC Date
Board of County
Commissioners BCC Office 4/131200612:09:24 PM
Approved By
Sue Filson Executive Manager to the BCC Date
Board of County
Commissioners BCC Office 4113/200612:59 PM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
Board of County
Commissioners County Manager's Office 4113/20064:40 PM
Agenda Item No. 16J1
April 25. 2006
Page 1 of 6
EXECUTIVE SUMMARY
Authorize the Supervisor of Elections to accept voter education funds with a 15%
matching contribution.
OBJECTIVE: To accept funds from the Department of State, Division of Elections for
additional voter education training beyond the Supervisor of Elections current programs.
CONSIDERATIONS: The Division of Elections shall award Collier County Supervisor
of Elections a total of$49,121.91, (see Appendix A). The 2005 Florida Legislature
appropriated $3,000,000 specifically for voter education. These funds will be distributed
to the Supervisor of Elections pursuant to a formula based on the number of registered
voters in the county, as certified by the Department of State for the 2004 General
Election. The LegislatW'e specified that these funds could be used for assistance in the
recruiting and training individuals as poll workers. In addition, the Chairman of the
Board of County Commissioners will need to certify that the county will provide a 15%
($7,368.29) matching fund. The matching funds were included in the Supervisor of
Elections 2005/2006 budget.
FISCAL IMPACT: The Collier County Supervisor of Elections will receive $49,121.91
from the Division of Elections to be appropriated in the Supervisor of Elections budget
with definitive project tracking,
GROWTH MANAGEMENT INP ACT: None
RECOMMENDATION: That the Collier County Board of County Commissioners
authorizes the Chairman to sign the Memorandum of Agreement
Submitted by: Jennifer J. Edwards, Supervisor of Elections Date: 13 April 2006
Agenda Item No. 16J1
April 25, 2006
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16J 1
Item Summary:
Authorize the Supervisor of Elections to accept voter education funds with a 15% matching
contribution.
Meeting Date:
4/25/20069:00:00 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/17/2006 11 :20 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/17/20063:16 PM
Agenda Item No. 16J 1
April 25, 2006
Page 3 of 6
Certificate Regarding Matching Funds
I,
Frank Halas
, Chairman of the Board of County Commissioners of
Collier County, Florida, do hereby certify that the Board of County Commissioners will provide
matching funds for poll worker recruitment and t.raining in county FY 2005-2006 to the
Supervisor of Elections in an amount equal to at least 15% of the amount to be received from the
state, which for Collier County is $7,368.29. I understand that if the Board fails to appropriate
the required matching funds, all funds received from the state for poll worker recruitment and
training purposes during the 2005-2006 state fiscal year will be required to be returned to the
Department of State.
Chairman. Board of County Commissioners
Date
..
Agenda Item No. 16J 1
April 25,2006
Page 4 of 6
APPENDIX A
DEPARTMENT OF STATE
DIVISION OF ELeCTIONS
POLL WORKeR RECRUrrMENT AND TRAINING FUNDS
FY 2005-08
2004 GENERAL' POLL WORKER COUNTY .
ELECTION RECRUITMENT AND MATCHING
REGISTERED TRAINING FUNDING FUNDS
COUNTY VOTERS PER COUNTY 15%
Alachua 142.358 $ 41.458.30 $ 6218.75
Baker 12.887 $ 3,753.03 $ 562.95
Bav 101,315 $ 29.505.53 $ 4 425.83
Bradford 14,721 $ 4.287.13 $ 643.07
Brevard 338.195 $ 98491.06 $ 14,773,66
Broward 1,058.069 S 308136.84 $ 46220.53
Calhoun 8.350 $ 2431.73 $ 364,76
Charlotte 113808 $ 33 143.81 $ 4,971,57
Citrus 90,780 $ 26,437.47 $ 3.965.62
Clav 106,464 $ 31 005.05 $ 4,650.76
Collier 168 673 $ 49,121.91 $ 7,368.29
Columbia 34.282 S 9 983.80 $ 1.,497.57
DeSoto 14,901 S 4.339.55 S 650.93
Dixie 9,676 $ 2,817.90 S 422.68
Duval 515,202 $ 150,040.04 $ 22,506,01
Escambia 189.833 $ 55,284.24 $ 8,292.64
Fleeter 47.068 $ 13,707.41 $ 2,056.11
Franklin 7,620 $ 2,219.14 $ 332.87
Gadsden 26,884 $ 7,829.31 $ 1,174.40
Gilchrist 9.035 $ 2,631.22 $ . 394.68
Glades 5.963 $ 1,736.58 $ 260.49
Gulf 9,627 $ 2,803,63 $ 420,54
HamIlton 7,645 $ 2,226.42 $ 333.96
Hardee 10,399 $ 3 028,46 $ 454.27
Hendrv 17,144 $ 4,992,71 $ 748.92
Hernando 109,656 $ 31,934.64 $ 4,790.20
Hlahlands 60,176 $ 17,524.80 $ 2,628.72
HllIsborouah 621,201 $ 180,909,67 $ 27.136.45
Holmes 10,982 $ 3 198.24 $ 479.74
Indian River 81,643 S 23.776,54 $ 3,566.48
Jackson 27.138 S 7.903,28 $ 1,185,49
Jefferson 9.300 $ 2,708.40 $ 406;26
4-6-06
Poll Worker Training - Final
1
Agenda Item No. 16J 1
April 25, 2006
Page 5 of 6
APPENDIX A
DEPARTMENT OF STATE
DIVISION OF ELECTIONS
POLL WORKER RECRUITMENT AND TRAINING FUNDS
FY 2005-08
2004 GENERAL POLL WORKER COUNTY
ELECTION RECRUITMENT AND MATCHING
REGISTERED TRAINING FUNDING FUNDS
COUNTY VOTERS PER COUNTY 15%
Lafavette 4,309 $ 1,254.89 $ 188.23
Lake 161.269 $ 46,965.67 $ 7.044.85
Lee 304,937 $ 88.805.48 $ 13 320.82
Leon 171,182 $ 49,852.59 $ 7An.89
Levy 22.617 $ 6,586.65 $ 988.00
4,075 $ 1,186.74 $ 178.01
Madison 11,371 $ 3,311.53 $ 496.73
Manatee 191,635 $ 55,809.03 $ 8,371.35
Marlon 184257 $ 53,660.37 $ 8,049.06
MartIn 98,857 $ 28.789.70 $ 4,318.45
Miami-Dade 1,058,801 $ 308,350.02 $ 46,252.50
Monroe 51,3n $ 14,962.30 $ 2,244.35
NassaJ 41,353 $ 12,043.05 $ 1,806.46
Okaloosa 127.455 $ 37118.17 $ 5,567.73
Okeechobee 18,627 $ 5 424.86 $ 813.70
Crance 531,774 S 154 86824 $ 23.229.94
Osceola 129,487 $ 37.709.94 $ 5,656.49
Palm Beach 729,575 S 212,470.96 S 31,870.64
Pasco 265,974 $ 77 458.45 $ 11,B18.n
PineHas 590 989 $ 172,111.16 S 25,816.67
Polk 295.742 $ 86,127.66 $ 12,919.15
Putnam 45,344 $ 13,205.34 $ 1,980.80
Santa Rosa 96,359 $ 28,06221 S 4,209.33
Sarasota 240,592 S 70.066.56 $ 10,509.98
Seminole 241.230 $ 70,252.37 $ 10,537.85
St. Johns 109,635 $ 31.928.53 $ 4,789.28
Sl Lucie 137,951 $ 40 174.87 $ 6,026.23
SUmter . 40,523 $ 11 801.34 $ 1,770.20
Suwannee 21,930 $ 6,386.58 $ 957.99
Tavlor 11,481 $ 3,343.56 $ 501.53
Union 7,063 S 2,056.93 $ 308.54
VoIusie 309,930 $ 90,259.57 $ 13,538.94
4-6-06
Poll Wort(er Training - Anal
2
Agenda Item No. 16J1
April 25, 2006
Page 6 of 6
APPENDIX A
DEPARTMENT OF STATE
DMSION OF ELECTIONS
POLL WORKER RECRUITMeNT AND TRAINING FUNDS
FY 200S..()6
2004 GENERAL POLL WORKER COUNTY
ELECTION RECRUITMENT AND MATCHING
REGISTERED TRAINING FUNDING FUNDS
COUNTY VOTERS PER COUNTY 15%
Wakulla 15,396 S 4,483.71 S 672.56
Walton 32,m $ 9,545.50 $ 1,431.83
Washinaton 14,421 $ 4.199.77 $ 629.96
TOTAL 10,301,290 $ 3,000,000.00 $ 450,000.00
From the funds in Specific Appropriation 2939, $3,000,000 shall be distributed to county supervisors of
elections to assist with recrultlng and training Individuals as pon workers. These funds shall be distributed to
each eligible county supervisor In an amount equal to the funding level per voter multiplied by the number of
registered voters In the county for the 2004 General EleCtIon. The Division of Elections shall determine the
funding level per voter based on the number of registered voters In the state for the 2004 General Election.
In order for a county supervisor of elections to be eligible to receive state funding for poll worker recruitment
and training, the county must certify to the Division of Elections that the county will provide matching funds for
poll worker recruitment and training in the amount equal to fifteen percent of the amount to be received from
the state. The county must also submit training plans to the department for approval to ensure consistency of
training across the state.
Additionally, to be eligible. a county must segregate state poll wol1ter recrultmant and training distributions and
required county matching dollars In B separate account established to hold only such funds. Funds in this
account must be used only for the activities for which the fundI were received. Any fundI remaining in the
fund at the end of the fiscal year shall remain In the account to be used for the same purposes for subsequent
years or until such funds are expended.
4-6-06
Poll Worker Training. Final
3
Agenda Item No. 16K 1
April 25,2006
Page 1 of 6
Executive Summary
Recommendation that the Board of County Commissioners Approve the Proposed Joint
Motion for an Agreed Order Awarding Expert Fees and Costs Relating to Parcel No. 178 in
the Case Styled Collier County v. Teodoro Gimenez, et al., Case No. 04-0561-CA, Vanderbilt
Beach Road Project #63051. (Fiscal Impact: $1,800.00).
OBJECTIVE: That the Board of County Commissioners approve the proposed Joint Motion for
the entry of an Agreed Order awarding expert fees and costs in the amount of $1,800,00 in the
condemnation of Parcel ] 78 in Collier County vs. Teodoro Gimenez, et at., Case No. 04-0561-CA.
CONSIDERA TIONS: On March 28, 2006, the Board of County Commissioners approved a
mediated settlement providing for the purchase of the remainder property and full compensation for
the acquisition of Parcel 178, which is owned by Respondent, Ross M. McIntosh, as Trustee of the
GG/95 1 Southwest Land Trust. In conjunction with the Board's consideration of the mediated
settlement, the Board did approve some planning fees and attorney litigation costs incurred by the
property owner in the amount of $17,700,00. A Stipulated Final Judgment reflecting the mediated
settlement was submitted to the Court on April 7,2006, Pursuant to Section 73,091, Fla. Stat., the
property owner is entitled to all reasonable and necessary costs incurred in the defense of the
eminent domain proceeding. As one of the costs incurred in their defense, counsel for the property
owner has submitted an invoice for Gerald M. Ward, P .E. in the amount of $2,224.40. The parties
have negotiated Mr, Ward's fees down to $1,800.00,
If approved, the County will pay the following costs:
· Engineering Fees and Costs
$1.800.00
TOT AL:
$1,800.00
Attached is the proposed Agreed Order,
FISCAL IMPACT: Funds in the amount of $1,800,00 are available in the FY 2006 adopted
budget. Source of Funds are Gas Taxes and Impact Fees.
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDATION: That the Board of County Commissioners:
1, Approve the Agreed Order as to engineering costs for Parcel 178; and
2, Approve the expenditure of funds as stated.
PREPARED BY:
Ellen T. Chadwell, Assistant County Attorney, Office of the County Attorney
Agenda Item No. 16K1
April 25, 2006
Page 2 of 6
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K1
Meeting Date:
Recommendation that the Board of County Commissioners Approve the Proposed Joint
Motion for an Agreed Order Awarding Expert Fees and Costs Relating to Parcel No. 178 in
the Case Styled Collier County v. Teodoro Gimenez, et aI., Case No. 04-0561-CA, Vanderbilt
Beach Road Project #63051. (Fiscal Impact: $1,800.00).
4/25/20069:00:00 AM
Prepared By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
4/10/2006 10:55:39 AM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
4110/20065:19 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
4/11/2006 8:59 AM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
4/11/2006 9:54 AM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
4/12/2006 1 :48 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TECM-ROW
4/12/20063:13 PM
Approved By
David C. Weigel
County Attorney
Date
County Attorney
County Attorney Office
4/13/2006 10:28 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4113/20061:20 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4114120065:13 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4117/20068:44 AM
Agenda Item No. 16K1
April 25, 2006
Page 3 of 6
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/17/2006 9:50 AM
Agenda Item No. 16K1
April 25, 2006
Page 4 of 6
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of
Florida,
Case No,: 04-0561-CA
Petitioner,
Parcel No,: 178
vs,
TEODORO GIMENEZ, et at,
Respondents.
I
AGREED ORDER AWARDING EXPERT FEES & COSTS
THIS CAUSE, having come before the Court upon joint motion of Petitioner, COLLIER
COUNTY, and Respondent, ROSS M. MCINTOSH, TRUSTEE OF THE GG/951
SOlJTHWEST LAND TRUST, by and through his undersigned counsel, for entry of an Agreed
Order Awarding Expert Fees and Costs, and the COUlt, being fully advised in the premises, it is
hereby
ORDERED AND ADJUDGED that:
1, Respondent, ROSS M, MCINTOSH, TRUSTEE OF THE GG/951 SOUTHWEST
LAND TRUST, shall recover from Petitioner, COLLIER COUNTY, the sum of One Thousand
Eight Hundred and No/tOO Dollars ($1,800.00) for engineering fees and costs incurred in the
defense of this proceeding as to Parcel No. 178.
Agenda Item No. 16K1
April 25. 2006
Page 5 of 6
2. Petitioner, COLLIER COUNTY, shall within thirty (30) days from the date of this
Order, pay the total sum of One Thousand Eight Hundred and NollOO Dollars ($1,800.00) to
the EARLE & PATCHEN TRUST ACCOUNT c/o Brian p, Patchen, Esquire, LAW OFFICE
OF BRIAN p, PATCHEN, P.A" 1000 Brickell Avenue, Suite 1112, Miami, FL 33131 for proper
disbursement for engineering services in accordance with this Order.
3. No supplemental attorney's fees are awarded for the procurement of these costs
and entry of this Order.
DONE AND ORDERED this _ day of April, 2006, in Naples, Collier County, Florida.
CIRCUIT COURT JUDGE
Conformed copies to:
Ellen T, Chadwell, Esquire
Brian p, Patchen, Esquire
Bookkeeping
Agenda Item No. 16K1
April 25, 2006
Page 6 of 6
JOINT MOTION
The undersigned parties hereby respectfully request this Court to enter the foregoing
Agreed Order A warding Expert Fees and Costs as to Parcel No. 178.
Dated:
Dated:
ELLEN T. CHADWELL, ESQUIREC.:a
Florida Bar No,: 0983860
COUNTY ATTORJ'.-:EY'S OFFICE
Harmon Turner Building
3301 East Tamiami Trail
Naples, FL 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
A ITORNEY FOR PETmONER
BRIAN P. PATCHEN, ESQUIRE
Florida Bar No,: 157545
LAW OFFICE OF BRIAN p, PATCHEN, P.A.
1000 Brickell A venue, Suit 1000
Miami, FL 33131
(305) 372-1112 - Telephone
(305) 372-3691 - Facsimile
ATTORNEY FOR RESPONDE1\l
, .
TAX I.DA#':
. --'--_,,'-~~'.'" -"-'--~"''''--,-->"","""'''''''"'-'--'~
Agenda Item No. 16K2
April 25, 2006
Page 1 of 5
Executive Summary
Recommendation to Approve an Agreed Order for Expert Appraisal Fees and Costs Relating
to the Acquisition of Parcels 106 and 806 in Collier County v. Tree Plateau Co., Inc., et al., Case
No. 03-0519-CA, Immokalee Road Project #60018. (Fiscal Impact: $17,000.00).
OBJECTIVE: Approve an Agreed Order for Expert Appraisal Fees and Costs relating to the
acquisition of Parcels 106 and 806 in Collier County vs. Tree Plateau Co., Inc., Case No, 03-0519-
CA.
CONSIDERA TIONS: The County acquired the subject property by depositing the sum of
$508,000,00 into the registry of the Court on June 6, 2003. The County and Respondent, Mary H,
Wagner, reached a settlement for full compensation for the acquisition of Parcels 106 and 806 and a
Stipulated Final Judgment was entered by the Court on September 14, 2005, Pursuant to Section
73.091, Fla. Stat" the property owner is entitled to reasonable and necessary costs incurred in the
defense of the eminent domain proceeding, Respondent has submitted an invoice for appraisal
services in the amount of $23,500.00, The parties have negotiated this amount for appraisal fees
and costs to $17,000,00,
If approved, the County will pay the following costs:
· Appraisal Fees and Costs
$17.000,00
TOTAL:
$17,000.00
Attached is the proposed Agreed Order,
FISCAL IMPACT: Funds in the amount of $17,000,00 are available in the FY 2006 adopted
budget. Source of Funds are Gas Taxes and Impact Fees,
GROWTH MANAGEMENT IMP ACT: None.
RECOMMENDA TION: That the Board of County Commissioners:
1 . Approve the Agreed Order as to appraisal fees and costs for Parcels 106 and
806; and
2. Approve the expenditure of funds as stated.
PREPARED BY:
Ellen T. Chadwell, Assistant County Attomey, Office of the County Attomey
Agenda Item No. 16K2
April 25, 2006
Page 2 of 5
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, FLORIDA, a
political subdivision of the State of
Florida,
Case No.: 03-0519-CA
Petitioner,
Parcel Nos.: 106 & 806
vs,
TREE PLATEAU CO., INC., et ai"
Respondents.
/
AGREED ORDER AWARDING EXPERT APPRAISAL .FEES & COSTS
THIS CAUSE, having come before the Court upon joint motion of Petitioner, COLLIER
COUNTY, and Respondent, MARY H. WAGNER, by and through her undersigned counsel, for
entry of an Agreed Order Awarding Expert Appraisal Fees and Costs, and the Court, being fully
advised in the premises, it is hereby
ORDERED AND ADJUDGED that:
1. Respondent, MARY H. WAGNER, shall recover from Petitioner, COLLIER
COUNTY. the sum of Seventeen Thousand and NollOO Dollars ($17,000.00) for expert
appraisal fees and costs incurred in the defense of this proceeding as to Parcels 106 and 806,
2. Petitioner, COLLIER COUNTY, shall within thirty (30) days from the date of this
Order, pay the total sum of Seventeen Thousand and No/I00 Dollars ($17,OOO.00) to the
LUKACS TRUST ACCOUNT, c/o John C, Lukacs, Esquire, 201 Sevilla Avenue, Suite 305,
Coral Gables, FL 33134 for proper disbursement for appraisal services in accordance with this
Order.
Agenda Item No. 16K2
April 25, 2006
Page 3 of 5
3, No supplemental attorney's fees are awarded for the procurement of these costs
and entry of this Order.
DONE AND ORDERED this _ day of April, 2006, in Naples, Collier County, Florida,
CIRCUIT COURT JUDGE
Conformed copies to:
Ellen T, Chadwell, Esquire
John C. Lukacs, Esquire
Bookkeeping
JOINT MOTION
The undersigned parties hereby respectfully request this Court to enter the foregoing
Agreed Order Awarding Expert Appraisal Fees and Costs as to Parcels 106 and 806.
Dated:
Dated:
JOHN C, LUKACS, ESQUIRE
Florida Bar No,: 362727
201 Sevilla Avenue, Suite 305
Coral Gables, FL 33134
(305) 445-4425 - Telephone
(305) 445-2210 - Facsimile
A TTORNEY FOR RESPONDENT
ELLEN T. CHADWELL, ESQUIR
Florida Bar No.: 983860
COUNTY ATTORNEY'S OFFICE
Harmon Turner Building
3301 East Tamiami Trail
Naples, Florida 34112
(239) 774-8400 - Telephone
(239) 774-0225 - Facsimile
A TTOR~'EY FOR PETITIONER
Agenda Item No. 16K2
April 25, 2006
Page 4 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16K2
Meeting Date:
Recommendation to Approve an Agreed Order for Expert Appraisal Fees and Costs Relating
to the Acquisition of Parcels 106 and 806 in Collier County v. Tree Plateau Co., Inc.. et al.,
Case No. 03-0519-CA, Immokalee Road Project #60018. (Fiscal Impact: $17,000.00).
4/25/20069:00:00 AM
Prepared By
Ellen T. Chadwell
Assistant County Attorney
Date
County Attorney
County Attorney Office
4/11/2006 12:21 :29 PM
Approved By
Sharon Newman
Accounting Supervisor
Date
Transportation Services
Transportation Services Admin
4/12/200612:48 PM
Approved By
Najeh Ahmad
Director
Date
Transportation Services
Transportation Engineering &
Construction Management
4112/20061 :50 PM
Approved By
Lisa Taylor
Management/Budget Analyst
Date
Transportation Services
Transportation Administration
4112/20062:52 PM
Approved By
Kevin Hendricks
Right Of Way Acquisition Manager
Date
Transportation Services
TEeM-ROW
4/12/20063:13 PM
Approved By
Norm E. Feder, AICP
Transportation Division Administrator
Date
Transportation Services
Transportation Services Admin.
4/12/20064:37 PM
Approved By
David C. Weigel
County Attorney
Date
County Attorney
County Attorney Office
41131200610:29 AM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/13/2006 1 :24 PM
Approved By
Susan Usher
Senior Management/Budget Analyst
Date
County Manager's Office
Office of Management & Budget
4/14/20069:10 AM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/14120069:41 AM
Approved By
Agenda Item No. 16K2
April 25, 2006
Page 5 of 5
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/14/2006 11 :28 AM
Agenda Item No. 16K3
April 25, 2006
Page 1 of 11
EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners and the Board of County
Commissioners as the Ex-Officio governing body of the Collier County Water-Sewer
District approve a settlement agreement proposed by Metcalf & Eddy relating to the
project known as the South County Regional Water Treatment Plant 8-MGD RO
Expansion (Contract No. 98-2891/Project No. 70054) and authorize the Chairman to
execute any necessary settlement documents following review by the County Attorney.
OBJECTIVE: Recommendation that the Board of County Commissioners and the Board
of County Commissioners as the Ex-Officio governing body of the Collier County Water-Sewer
District (sometimes referred to herein as the "Board") approve a settlement agreement proposed
by Metcalf & Eddy (hereinafter referred to as "M & E") relating to the project known as the
South County Regional Water Treatment Plant 8-MGD RO Expansion (Contract No. 98-
2891/Project No, 70054) and authorize the Chairman to execute any necessary settlement
documents following review by the County Attorney.
CONSIDERATIONS: On August 3, 1999, the County entered into a contract with M & E
for design engineering and construction inspection services, for the South County Regional
Water Treatment Plant 8-MGD RO Expansion project. Problems with the project led to a
lawsuit being filed against the contractors building the expansion, A settlement was reached
with the contractor, but additional disputes existed between the County and M & E,
On November 1, 2005, at the time it approved the settlement with the contractor, the Board
directed the County Attorney and staff to attempt to negotiate a resolution of the County's
dispute with M & E or proceed to litigation, In accordance with that direction, staff, the County
Attorney and outside counsel have now received a proposed settlement offer from M & E, which
is attached (Exhibit A), A draft settlement agreement is attached as Exhibit B. The key terms of
the settlement are:
*
M & E will release all claims for compensation except for $286,675,52, which
must be paid within twenty (20) days of Board approval. This includes a release
of an approximately $1.1 million dollar claim asserted by M & E.
The County will retain $251,200 to defray damages it contends it suffered due to
M & E but will release the balance of its original claim, which is initially
estimated to be at minimum $856,000.00,
*
It should be noted that the settlement agreement proposed relates only to the South County
Regional Water Treatment Plant expansion project but does not resolve their separate dispute on
the North County Regional Water Treatment Plant wellfield expansion project. If any such
proposed agreement is reached concerning the wellfield expansion project, it will be separately
presented to the Board for approval at a later date,
Agenda Item No. 16K3
April 25, 2006
Page 2 of 11
FISCAL IMPACT: The County will retain $251,200,00 for damages it has suffered on the
South County Regional Water Treatment Plant expansion project. The County also will save
funds it would necessarily have to expend on a lawsuit. Any other payments to M & E on the
South County Regional Water Treatment Plant expansion project have already been budgeted
under the contract with M & E.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this Executive Summary,
RECOMMENDATION: It is recommended that the Board of County Commissioners and
the Board of County Commissioners as the ex-officio governing body of the Collier County
Water-Sewer District, approve the Settlement Agreement proposed by M & E relating solely to
the project known as the South County Regional Water Treatment Plant 8-MGD RO Expansion
(Contract No, 98-2891 / Project No. 70054) and authorize the Chairman to sign any necessary
settlement documents following review and approval by the County Attorney.
PREPARED BY:
Michael W, Pettit, Chief Assistant County Attorney
h/public/042506 bee agenda items.exec summ&e stlmnt re south plant uec
2
Agenda Item No. 16K3
April 25, 2006
Page 3 of 11
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16K3
Item Summary:
Recommendation that the Board of County Commissioners and the Board of County
Commissioners as the Ex-Officio governing body of the Collier County Water-Sewer District
approve a settlement agreement proposed by Metcalf & Eddy relating to the project known
as the South County Regional Water Treatment Plant 8-MGD RO Expansion (Contract No.
98-2891/Project No. 70054) and authorize the Chairman to execute any necessary
settlement documents following review by the County Attorney.
Meeting Date:
4/25/2006 9:00:00 AM
Prepared By
Michael Pettit
Chief Assistant County Attorney
Date
County Attorney
County Attorney Office
4113120061:55:31 PM
Approved By
David C. Weigel
County Attorney
Date
County Attorney
County Attorney Office
4/13/20061 :56 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4113/20062:12 PM
Approved By
Susan Usher
Senior ManagementlBudget Analyst
Date
County Manager's Office
Office of Management & Budget
411712006 5:45 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/18/200610:55 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
41181200611:34 AM
...
,~03/200S 17:08 FAX
CARlTnHFIELDS-TPA
Agenda Item, ~OlGl}JA4
April ~, ~'tf
Page 4 of 11
CARLTON FJELDS
AtlAt~lA
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wr::;r I'AlM peACH
ATTORNEYS AT LAW
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Suit. lOOfI
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March 14, 2006
Dl"n~.,.OlIO
Dl:I.7:!1l' 41:1:1 I;".
_.carI1oN~
Michael Pei:tit
Chief A~s.istant County Attorney
Administration Building, 8th Floor
3301 E. Tamiami Trail
Napll'i1s, FL 34112-4902
By U..S. Mail and Facsimile
James W. Delany, P.E.
Administrator
Public Utilities Deportment
Collier County Government Complex
3301 Eas~ Tomiomi Troil, Building H
Naples, Florida 34112
Re: South Plont Settlement Offer
Gentlemen:
Enclosed please find 0 copy of (] settlement proposal from M&E relcted to the South Plant.
Please coli me ~o discuss 'his matter at your earliest con~~njence,
PJU:bl1
Enclosure
Tl"AiI'2164417. t
EXHIBIT
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A
,
.
OC~09/2008 11:08 FAX
CARlTDNFIElDS-TPA
MetC.!lif 5. SdDy. 11\c:., . .
t't,l: t.:f..t1,t,,;.l:,.,= lit I...~:. \';J..JI.~~h::I..;i. ~'I';.~.:.t~.;:I'lu:",,:n.~ ~~ : ~t.~;
I :~; ~ .~4e.:='~(V) r ,:,".~: 1.:::.t.GG~1~ ,..MO.,,' rel.Yo :'.-;!(:',t:I: r'I":~~
March )).1006
VIA FACS1MJLE ANI) nVERNIGl-ITMAT.L
813-229-4133
Mr. Paul J. Ullom
Carllon Fields
4221 W. Bo)' SeouL Boulevard
Suite 1000
Tampa. PL 33607-5736
Re: Comer C'OUnl.Y - Melcalr &:. ~dy. Inc.
I.)cur Paul:
Agenda Item No. 16K3
Apri I liI!P,o:31fB 4
Page 5 of 11
METCALF&EDDV! ~ECOM
Based upon Ollr numemu... Lelephl')ne CliO\'~Slllions. and the c.~on:e~pondc:.ncc amI documcmaticm
exchanged betwccn tho Counly and Metcalf & r..ddy. we propo!;e l[') re.o;olve all pendiril;
UispulC$ pertaining to !.he Soulh County projecr (the "Project") in accuru..-Incc with l~C
follo\\.;ng renns nod condiliuns: '
I. Of the mm..unil1g conLroct value for the: ProjCCl, lhe Cou"t)' will l"emit a payment l()
M&E in [he amount of $286t67S.52 within "even (1) cluys of the c:u.~LIli(Jn of::I
mlllunJly ncccpHlble ,;etllc:menl Clgrcemt:nl. The County will rehlin an amounl 9f
$25J .200.00 of LIlc rem~linin,!; 1)~lymolH~ du~ under the cnntl'uct for the Projecl. .
2, Within !':even (7) days of the cxecl.ltiun of;) mUllItllly acceptable scttlomclltl'lgrccmcn;r.
M&:E will provide the dcfjvC.TlIbles required 0)' nem 5.:1 I of the Operations an,d
MainTenance MMUfll for Tne 'Project (om: litl of rcpruuuciblc dr3wings. ont: SOl Of
drawjng~ on disketle in AUlO CAD ronnnl. llnd fClur ~O1.." Clf blue line: record dic!wings), :
3. Within $even (i) dnys of the c"C:CULinn nf 0 mUlually ucceplable seulemcnt agrocmc.Ol.
M&E will providl:' Lhe dc:liv&:.rublcs rcquircu h.)' ltcm 6.11 1 of Ihe OpctatiCll\S on:d
Mainlenance Manuul for the 'PTl~iCCl (ten copies of an O&M Manual in a lhrcc.-rin!g
binder unel haru cover incol1,orllting the changeR devclopc:u during stnrt-up). ,
4. M&E 31~d the Counly will ~Jli.cculc a n\u1U:tJly flC:Ccpll1.ble wriLten :;ettlement agreement
in accordunce with the: temlS s;et forth in this proposal. n,c sl.lllh;mont agrccment $h~lll
pmvide thal M&E is waiving ils righl 10 payment of the remaining conLrdCL \'alut; (liS
noted in pnrogrnph l above). plus ~tll subminod change order reqUL.-JlUI for the Projccr~ in
considwl.uion for tl rclctlsc of nny Md all of the CountY'1i c1aints and dama~cs reliu~d 10
lhe Pr~icct. It is our understanding. lhi:lL the County has also reached 0 $CttJcmcnr with
lhe conlraclors for mt' ~T()jeL'L. Thus. lh~ sonl~"menr as;recmenL ~hould retlt,ct a mutual
release I,,'lf ctaim!li by the COlmry. M&E and the clmlruclors fL:l.1inL:d by the COUnTY
agalnl(t each other. :
...
04iOS/200S 17:08 FAK
CARLTONFIELDS-TPA
Agenda Item No. 16K3
April~~4
Page 6 of 11
Mr. Ptlul 1. Ullom
Mnrch 31. 2006
P~lg.c; 2 of 2
5. Thl! s.euleme.nt Ugrecmt:nl \,,'ill ah:o t!onttlin J:lunc.JHrtJ non-udmh:!:ion ul" Iiubility and
non-diRparagcmcnt provisions.
6. nlC contenl of the sctrlcmcrll agJ'Ucment shaU be subject 10 fiord approval by the
County. M&E nnd M&E's insuranc,e carrier,
7. 1L is understood thai lllC senlement of the disputes between the Count)' and M&E fOf
the Nl"lJth Counry project ore nOT pDn of This pro!)O.,>oJ end Sllbs~quenr ag.I'CcmenT, and
neithor M&E nor Lhc Count}' lire waiving Rny Qf lh",jr respecLive righls and defenses
with respeclllllhe North CounlY projecr. However, the partics agree that the COUnty
shall providt., M&E wilh n wrincn ~xpJalU'llion l'\f its rc~f1~OOS for non-pa~'/l)cnT of rhe
amounts invoiced by M&E ror it~ work un the Norlh projecl wil.hin lkin)' days from
the ucccplilnce of this proposnl by the Counry. Tn the eyent 'hor the pmTics ore unable
10 resoJve their djsputos whhin (en days (\ftCI' M&B's recc.jpt of rhis explanation ti"Clm
rhe Counry, rho p:mies !:h::JJJ I'l'l~diote ~lllY remaining disputes wirh re.c;pect tn the North
CC1unry project wilhin sixlY (60) t.I~ys from lho I1CCCplancc: (,)[ Ihis PTl\poSIlI by the
Coon~ .
PleAse cont;&CI m~ if you have any quc~Li('\nfoi re.gilrning I.he flroflo!:ol ~Cl roJth herein.
Respc~lfulJy,
METC:AU~ & lIDDY, INC.
'"
~d&/R. "=~~~
Michael R. KoJ/OWfi)'
Senior Vice President ~lnd GenerJ.1 COlJn.sel
cc: Steve Gutrenpl~n, Pre.."idenl (M&E)
.Jckilbs ViUnnds
Mark Blanchard
/J~0lli.c; Monison
Agenda Item No. 16K3
April 25,2006
Page 7 of 11
'SETTLEMENT AGREEMENT AND MUTUAL RELEASE
This Settlement Agreement and Mutual Release C"Agreement") is made and entered into
this 6th day of April, 2006, between COLLIER COUNTY, hereinafter ("Collier"), and
METCALF & EDDY, INC., hereinafter ("M&E") collectively referred to as the "Parties");
WHEREAS, disputes have arisen between the parties related to a construction project
commonly known as the South Collier WTP, 8 MGD RO Expansion (the "Project"); and
WHEREAS, the Parties deny liability to one another for any and all claims regarding the
Project; and
WHEREAS, the Parties to this Agreement wish to fully settle and resolve all existing and
potential disputes pertaining to the Project;
NOW, THEREFORE, in consideration of each and all of the mutual covenants, promises
and considerations set forth herein, the sufficiency of which is hereby acknowledged by the
Parties, the Parties do hereby agree as follows:
1. Incorporation by reference. The Parties agree to adopt and incorporate the
foregoing recitals, sometimes referred to as "Whereas clauses," by reference into this Agreement
as though fully rewritten herein.
2, Non-admission of liability. It is understood and agreed that this Agreement is the
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compromise of disputed claims, and that any payment made hereunder is not to be construed as;
^'
an admission of liability, fault or responsibility as to any claims or allegations on the part of an;o
party, which liability is and has been expressly denied.
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TPA#21018406
EXHIBIT
I 5
Agenda Item No. 16K3
April 25, 2006
Page 8 of 11
3, Settlement Payment. In consideration ofthe releases set forth below,
COLLIER COUNTY agrees to make a final payment of Two Hundred Eighty Six Thousand,
Six Hundred Seventy Five Dollars and Fifty Two Cents ($286,675.52) within twenty (20)
business days of the execution oftrus Agreement by each party, M&E waives and releases any
claims to any other compensation for its work on the project, including but not limited to, any
amounts remaining on the contract, any change orders, claims, or retainage.
4, Releases.
a. Collier. Collier. on behalf of its Board of Commissioners, and its past, present
and future Commissioners, attorneys, agents, servants, contractors. subcontractors, suppliers,
representatives, insurers, successors in interest, and assigns of all of them. shall release and
forever discharge M&E. its predecessors, successors and/or assigns, affiliates, employees, former
employees, agents, attorneys, officers, directors, principals, shareholders, and members from any
and all claims of whatever nature or description, whether now known or arising in the future, and
whether arising from contract, indemnity, warranty, express or implied, in contract or tort,
relating to the Project, except as otherwise excepted in Paragraph 5 below,
b. M&E. M&E, on behalf of itself, its predecessors, successors and/or assigns,
affiliates, employees, former employees, agents, attorneys, officers, directors, principals,
shareholders, members, and all who claim through them, hereby releases and forever discharges
Collier. its Board ofComrnissioners, and its past, present and future Commissioners, attorneys,
agents, servants, contractors, subcontractors, suppliers, representatives, insurers, successors in
interest, and assigns of all of them, from any and all claims of whatever nature or description,
TPNl2101840.6
2
Agenda Item No. 16K3
April 25, 2006
Page 9 of 11
whether now known or arising in the future, and whether arising from contract, indemnity,
warranty, express or implied, in contract or tort, relating to the Project.
5. Claims Excepted From Release. The Parties hereby acknowledge and agree that
Collier reserves all rights against M&E with respect to claims and/or potential claims arising
from latent defects existing in, or warranties applicable to, the Project. Collier affirmatively
warrants and represents that it has no current knowledge of any such claim.
6. Voluntary ExecutionIRole of Legal Counsel. The Parties acknowledge that this
Agreement is freely and voluntarily executed after they have been apprised of all relevant
information concerning the Agreement and that they have had the opportunity to consult with and
receive the advice of counsel in entering into this Agreement. In executing this Agreement, the
Parties acknowledge that they do not rely on any inducements, promises, or representations other
than those contain herein, In this regard, the Parties acknowledge that this Agreement is the
product of mutual negotiation and no doubtful or ambiguous provision that may exist in this
Agreement is to be construed against any of the Parties based upon a claim that one of the Parties
drafted the Agreement, or that the language of the Agreement was intended to favor one of the
Parties.
7, Governing law. This Agreement shall be deemed to have been made and to be
performed, and shall be interpreted, construed and enforced, in accordance with the laws ofthe
State of Florida.
8, Multiple counterparts. This Agreement may be executed by the Parties in
identical counterparts, which, taken together, shall constitute a complete original.
TPA#2101840.6
3
~
Agenda Item No. 16K3
April 25, 2006
Page 10 of 11
9,
Complete Agreement. The Parties acknowledge that in deciding to execute this
Agreement and then in executing this Agreement, they have not relied upon any agreement,
statement or representation that is not specifically set forth herein, that this Agreement contains
the entire agreement between the Parties hereto regarding the resolution of their disputes, and
that the terms of the Agreement are contractual and not mere recitals,
10. Modifications. This Agreement cannot be amended, modified or amplified
except by agreement and written document, which is signed by all Parties hereto. No oral
statement made by any person shall operate to modify this Agreement in any manner or otherwise
affect its terms and provisions,
11. Severability, In the event that any term or provision of this Agreement is deemed
unenforceable or unlawful for any reason, the remainder of the Agreement shall be deemed
enforceable and in effect.
12, Enforceability. This Agreement is effective upon the date it is executed by the
Board of County Commissioners of Collier County, Florida.
13. Non-waiver, The failure of either party to enforce at any time any of the
provisions of this Agreement shall not constitute a waiver of any such provisions.
14. Autbority to bind. The signatories hereto each warrant and represent that they
have the requisite authority to enter into this Agreement on behalf of the respective party.
TPA#2101840.6
4
Agenda Item No. 16K3
April 25, 2006
Page 11 of 11
IN WITNESS WHEREOF, the undersigned hereby execute this Agreement on the date(s)
set forth below.
ATTEST:
Dwight E. Brock, CLERK
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTYt FLORIDA
By:
By:
DEPUTY CLERK.
Fred W. Coyle, CHAIRMAN
WITNESSES:
Printed Name
Printed Name
And
METCALF & EDDY, INC.
By:
NAME AND TITLE
WITNESSES:
Printed Name
Printed Name
Approved as to legal form and sumciency:
Michael W. Pettit
Chief Assistant County Attorney
TPA#210IS40.6
5
Agenda Item No. 16K4
April 25, 2006
Page 1 of 3
EXECUTIVE SUMMARY
Recommendation to approve settlement in the lawsuit entitled Jeffrey Reister and
Mary Lisa Reister vs. Collier County, et ai., filed in the Twentieth Judicial Circuit in
and for Collier County, Florida, Case No. 04-173CA, for $2,250.00.
OBJECTIVE: That the Board of County Commissioners approve settlement,
whereupon the County would pay Plaintiff Jeffrey Reister $250,00 and Plaintiff Mary
Lisa Reister $2,000.00 and all claims against the County would be dismissed with
prejudice.
CONSIDERATIONS: On December 31, 2002, Co-Defendant LaRue was operating a
vehicle on Airport Road, During the same time, Plaintiff Jeffrey Reister was operating a
vehicle, on J & C Boulevard, and Mary Lisa Reister was the passenger. Plaintiffs'
approached the intersection of Airport Road and stopped at the red light. Once the light
was green, Plaintiffs' proceeded to cross the intersection when LaRue's vehicle struck the
right passenger door spinning the Plaintiffs' vehicle clockwise into a stopped vehicle on
Fountainview, As a result of this accident, Mrs. Reister sustained an amputation of both
feet, her right arm below the elbow and a finger on her left hand, She also sustained a
ruptured spleen, which was removed, a lacerated liver, a fractured pelvis, broken ribs and
a collapsed lung. Mrs. Reister claims she has incurred medical bills in the amount of
$900,000,00 to $1,100,000,00. Mr. Reister did not seek medical treatment until August
2003 for neck pain and was only prescribed pain medication. Mr, Reister did not receive
further medical treatment If this matter went to trial, trial costs for medical and liability
experts would range somewhere between $18,000.00 to $20,000,00, not counting the
potential damages award to Plaintiffs' for their pain and suffering plus medical bills,
Thus, the $2,250,00 total settlement in light of the $900,000,00 to $1,] 00,000.00 in
medical costs is reasonable.
FISCAL IMP ACT: The settlement offer recommended by staff amounts to $2,250.00.
Funds are budgeted and available in the Risk Management Property & Casualty Fund No.
516121650,
GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this item.
LEGAL CONSIDERATIONS: Plaintiffs assert the County failed to maintain and
inspect the traffic signals for the public's safety, The County denied liability. Both the
County Attorney and Risk Management Director opine that settlement in the sum of
$2,000,00 for Mrs, Reister and $250,00 for Mr, Reister is reasonable and cost effective,
under all the circumstances and represents the only payment of the County to the
Plaintiffs in this case,
RECOMMENDATION: That the Board of County Commissioners approve the
settlement proposal of $2,000.00 for Plaintiff, Mary Lisa Reister and $250,00 for
Agenda Item No. 16K4
April 25, 2006
Page 2 of 3
Plaintiff, Jeffrey Reister and authorize the Chairman of the Board of County
Commissioners to execute all necessary documents,
PREPARED BY: William E. Mountford, Assistant County Attorney
public/agenda items/042506/WEMJexec sum reisler
Agenda Item No. 16K4
April 25, 2006
Page 3 of 3
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16K4
Meeting Date:
Recommendation to approve settlement in the lawsuit entitled Jeffrey Reister and Mary Lisa
Reister vs Collier County, et aI., filed in the Twentieth Judicial Circuit in and for Collier
County, Florida, Case No. 04-173CA, for $2.250.00.
4125/2006 9:00:00 AM
Item Summary:
Prepared By
William Mountford
Assistant County Attorney
Date
County Attorney
County Attorney Office
4113/200610:07:08 AM
Approved By
Jeffrey A. Walker, CPCU,
ARM
Risk Management Director
Date
Administrative Services
Risk Management
411312006 10:34 AM
Approved By
William Mountford
Assistant County Attorney
Date
County Attorney
County Attorney Office
4113/200611:17 AM
Approved By
David C. Weigel
County Attorney
Date
County Attorney
County Attorney Office
4113120062:00 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4113120062:11 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4/13120062:32 PM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4/13120064:07 PM
Agenda Item No. 16K5
April 25, 2006
Page 1 of 2
EXECUTIVE SUMMARY
Recommendation to approve settlement in the lawsuit entitled Allstate Floridian
Insurance Company as Subrogee of Ann Dee Yurick vs. Collier County, filed in the
Twentieth Judicial Circuit in and for Collier County, Florida, Case No. 06-0003-CA,
for $12,500.00.
OBJECTIVE: That the Board of County Commissioners approve settlement,
whereupon the County would pay Plaintiff $12,500,00 and all claims against the County
would be dismissed with prejudice,
.'-
CONSIDERATIONS: On or about April 12,2004 through April 20, 2004, the County
engaged in road construction activities, on 5th Avenue N,W., near Plaintiffs insured's
property, During construction, County Road Department rolled lime rock and asphalt
about 15 feet from insured's property. Plaintiff alleges the County's usage oftbe roller
machines caused excessive vibrations and, as a result, extensive damages to insured's
property in the amount of $23,000.00. Investigation revealed a neighbor, whose home
was further away than the insured's, stated that the vibrations were worse than when she
experienced an earthquake. If this matter went to trial, trial costs for an expert engineer
would range somewhere between $8,000.00 to $10,000,00, to oppose Plaintiffs expert
engineer, It is impossible to estimate with certainty whether or not damages may be
awarded if the matter goes to trial. Thus, the $12,500,00 settlement is reasonable,
FISCAL IMPACT: The settlement offer recommended by staff amounts to $12,500,00,
Funds are budgeted and available in the Risk Management Property & Casualty Fund No.
516121650.
GROWTH MANAGEMENT IMP ACT: There IS no growth management impact
associated with this item.
LEGAL CONSIDERATIONS: Plaintiffs assert the County negligence resulted in
damages to insured's property, Based upon our investigation, County Attorney and Risk
Management Director opine tbat settlement in the sum of $12,500,00 is reasonable and
cost effective, under all the circumstances.
RECOMMENDATION: That the Board of County Commissioners approve the
settlement proposal of $12,500,00 for Plaintiff, Allstate Floridian Insurance Company as
Subrogee of Ann Dee Yurick and authorize the Chainnan of the Board of County
Commissioners to execute all necessary documents,
PREPARED BY: William E, Mountford, Assistant County Attorney
05.0110/616
Agenda Item No. 16KS
April 2S, 2006
Page 2 of 2
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
16K5
Meeting Date:
Recommendation to approve settlement in the lawsuit entitled Allstate Floridian Insurance
Company as Subrogee of Ann Dee Yurick vs. Collier County, filed in the Twentieth Judicial
Circuit in and for Collier County, Florida, Case No. 06-0003-CA, for $12,500.00.
4/25/20069:00:00 AM
Item Summary:
Approved By
William Mountford
Assistant County Attorney
Date
County Attorney
County Attorney Office
41131200611:18 AM
Approved By
Jeffrey A. Walker, CPCU,
ARM
Risk Management Director
Date
Administrative Services
Risk Management
4/13120061:31 PM
Approved By
David C. Weigel
County Attorney
Date
County Attorney
County Attorney Office
4/13120062:01 PM
Approved By
OMB Coordinator
Administrative Assistant
Date
County Manager's Office
Office of Management & Budget
4/13/20062:12 PM
Approved By
Michael Smykowski
Management & Budget Director
Date
County Manager's Office
Office of Management & Budget
4113/20062:33 PM
Approved By
Leo E. Ochs. Jr.
Deputy County Manager
Date
Board of County
Commissioners
County Manager's Office
4/13/20064:04 PM
Agenda Item No. 17A
April 25, 2006
Page 1 of 7
EXECUTIVE SUMMARY
Recommendation to approve Petition A VESMT2005.AR7084 to disclaim, renounce and
vacate the County's and the Public's interest in a 10 foot utility easement located
between lots 72 and 73 according to the plat of "Bent Grass Bend at the Estates at Bay
Colony Golf Club" as recorded at Plat Book 33, Pages 54 through 56, Public Records of
Collier County, Florida, and to accept an alternate easement in place of the vacated area.
OBJECTIVE:
To adopt a Resolution to vacate a 10 foot wide utility easement located between Lots 72 and 73
according to the plat of "Bent Grass Bend at the Estates at Bay Colony Golf Club", and to accept
an alternate easement in place of the vacated easement.
CONSIDERA TIONS:
Petition AVESMT2005-AR7084 has been received by the Engineering Services Department
from Joshua Bialek, Esq, as agent for the petitioner, David and Lois Cohen, the current owners
of Lot 73, requesting a vacation of a 10 foot utility easement.
An alternate easement has been recorded in place of the existing easement for the benefit of
Florida Power and Light, who is the only utility utilizing the easement. An additional easement is
being granted to Collier County in the event that the County ever wishes to use this area.
Letters of no objection have been received from:
Collier County Engineering Services
Florida Power and Light Company
Sprint United Telephone
Comcast Cable TV
Bend Grass Bend at the Estates at Bay Colony Golf Club Homeowner's Association
FISCAL IMPACT:
Engineering Services has collected a $1,000,00 "Petition to Vacate" fee from the petitioner
which covers the County's cost of recording and processing the Petition.
GROWTH MANAGEMENT IMPACT:
There is no Growth Management Impact associated with this Executive Summary,
ENVIRONMENTAL ISSUES:
There are no outstanding environmental issues.
HISTORICAL/ARCHAEOLOGICAL IMPACT:
There are no historical or archaeological impacts.
.-
Agenda Item No. 17 A
April 25, 2006
Page 2 of 7
LEGAL CONSIDERATIONS:
The County Attorney's Office has reviewed and approved the Resolution and associated
legal documents,
RECOMMENDA TIONS:
1. Adopt the Resolution for Petition A VESMT2005-AR7084 for the vacation of the 10 foot
utility easement between Lots 72 and 73 according to the plat of "Bent Grass Bend at the
Estates at Bay Colony Golf Club",
2. Authorize the Chairman to execute the Resolution and direct the Clerk to the Board to
record a certified copy of the Resolution in the Public Records,
3, Accept the alternate Utility Easement and authorize the County Manager or his designee
to record the replacement easement.
PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department
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GULF OF MEXICO
Agenda Item No. 17 A
April 25, 2006
Page 4 of 7
RESOLUTION NO, 06-_
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA FOR PETITION AVPLAT 2005-
AR-7084 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S
AND THE PUBLIC'S INTEREST IN THE IO-FOOT WIDE UTILITY
EASEMENT LOCATED BETWEEN LOTS 72 AND 73 ACCORDING
TO THE PLAT OF "BENT GRASS BEND AT THE ESTATES AT BAY
COLONY GOLF CLUB" AS RECORDED AT PLAT BOOK 33, PAGES
54, ET SEQ., OF THE PUBLIC RECORDS OF COLLIER COUNTY,
AND TO ACCEPT A 10-FOOT WIDE RELOCATION UTILITY
EASEMENT ALONG THE WESTERLY PROPERTY LINE OF LOT 73.
WHEREAS, pursuant to Section 177. I 01, Florida Statutes, Joshua Bialek, Esq., of Porter
Wright Morris & Arthur, LLP, as agent for the petitioners, David and Lois Cohen, does hereby
request the vacation of the 10-foot wide utility easement centered between Lots 72 and 73
according to the plat of "Bent Grass Bend at the Estates at Bay Colony Golf Club" as recorded in
Plat Book 33, Pages 54, et seq., of the Public Records of C01lier County, Florida, and more
particularly described in Exhibit "A" attached hereto ("Utility Easement"), and acceptance of a
IO-foot wide relocation easement, more particularly described in Exhibit "B" attached hereto,
located along the westerly property line of Lot 73 ("Relocation Utility Easement"); and
WHEREAS, the Board of Collier County Commissioners has this day held a public
hearing to consider vacating the 1 O-foot wide Utility Easement located between Lots 72 and 73
of "Bent Grass Bend at the Estates at Bay Colony Golf Club", as recorded in Plat Book 33, Pages
54, et seq., of the Public Records of Collier County, Florida, and more particularly described in
Exhibit "A" attached hereto, and accepting the 10-foot wide Relocation Utility Easement, more
particularly described in Exhibit "B" attached hereto, 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; and
NOW, THEREFORE, SE IT RESOLVED SY THE SOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORTDA, that
1. The County's easement interests over and across the Utility Easement, more particularly
described in Exhibit "A" attached hereto and incorporated herein, 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.
2. The 10-foot wide Relocation Utility Easement, more particularly described in Exhibit "S"
attached hereto and incorporated herein, is hereby accepted as a Relocation Utility
Easement to the Utility Easement vacated herein.
3. The Clerk to the Board is hereby directed to record a certified copy of this Resolution in
the Official Records of Collier County, Florida, and to make proper notation of this
vacation of easement and acceptance of relocation easement on the recorded plat as
referenced above.
This Resolution adopted after motion, second, and majority vote favoring same, this
_ day of , 2006.
ATTEST:
DWIGHTE.SROCK,CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
FRANK HALAS, Chainnall
and legal sufficiency:
Item Number:
Item Summary:
Meeting Date:
Agenda Item No. 17A
April 25, 2006
Page 5 of 7
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17A
Recommendation to approve Petition AVESMT2005-AR7084 to disclaim, renounce and
vacate the Countys and the Publics interest in a 10 foot utility easement located between
Lots 72 and 73 according to the plat of Bent Grass Bend at the Estates at Bay Colony Golf
Club as recorded at Plat Book 33, Pages 54 through 56, Public Records of Collier County,
Florida, and to accept an alternate easement in place of the vacated area.
4/25/20069:00:00 AM
Prepared By
John Houldsworth
Community Development &
Environmental Services
Senior Engineer
Date
Engineering Services
4151200610:28:00 AM
Approved By
Thomas E. Kuck, P.E.
Community Development &
Environmental Services
CDES Engineering Services Director
Date
CDES Engineering Services
416120068:28 AM
Approved By
Constance A. Johnson
Community Development &
Environmental Services
Operations Analyst
Date
Community Development &
Environmental Services Admin.
41612006 10: 34 AM
Approved By
Joseph K. Schmitt
Community Development &
Environmental Services
Community Development &
Environmental Services Adminstrator
Date
Community Development &
Environmental Services Admin.
4/6/2006 11 :37 AM
Approved By
OMB Coordinator
County Manager's Office
Administrative Assistant
Date
Office of Management & Budget
41101200610:54 AM
Approved By
Mark Isackson
County Manager's Office
Budget Analyst
Date
Office of Management & Budget
4/17/20068:13 AM
Approved By
Leo E. Ochs, Jr.
Board of County
Commissioners
Deputy County Manager
Date
County Manager's Office
4117/200610:20 AM
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