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Agenda 04/24/2007 RCOLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA April 24, 2007 9:00 AM Jim Coletta, BCC Chairman, District 5; CRAB Vice - Chairman Tom Henning, BCC Vice- Chairman, District 3 Donna Fiala, BCC Commissioner, District 1; CRAB Chairman Frank Halas, BCC Commissioner, District 2 Fred W. Coyle, BCC 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. 2003.53, AS AMENDED BY ORDINANCE 2004 -05 AND 2007 -24, 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. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. Page 1 of 11 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 consent and summary agenda.) B. March 27, 2007 - BCC /Regular Meeting 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 20 Year Attendees 1. Maura Kraus, Parks & Recreation Enviornmental Specialist 2. Robert Thurston, CDES 3. Cheryl Soter, CDES 4. Joseph Collins, Utilities Billing 5. Steven Ritter, Transportation Engineering 6. Ramiro Ponce, Transportation Maintenance Road & Bridge 7. Richard Noonan, Building Review & Permitting 8. Barbara Pitts, Library- Immokolee Branch C. 25 Year Attendees 1. Marilyn Matthes, Library Administration D. 30 Year Attendees 1. Gail Wilver, Parks & Recreation Administration 2. Pablo Salinas, Parks and Recreation - Immokolee Aquatic E. 35 Year Attendees 1. Cecilia Martin, CDES 4. PROCLAMATIONS A. Proclamation to recognize May 6, 2007 through May 12, 2007 as Drinking Water Week. Water is one of our most basic and vital needs and our health, safety, comfort, and standard of living depend upon an abundant supply of safe drinking water. To be accepted by Mr. Paul Mattausch, Director, Water Administration; Ms. Pamela Libby, Operations Manager, Water Administration; Mr. Stephen Lang, Environmental Specialist, Water Distribution; Mr. Steve Messner, North Water Plant Manager; Mr. Ty Stuller, Water Distribution Manager, Water Distribution; and Mr. Howard Brogdon, Laboratory Supervisor, Water Lab. Page 2 of 11 B. Proclamation to recognize Mr. Michael Malloy for his volunteer work as Master Gardener. Mr. Malloy has donated his time and efforts to the Master Gardener program, sharing over 30 years of pragmatic horticulture experience through the preparation and delivery of public presentations to increase awareness of the importance of retaining wildlife habitats. To be accepted by Mr. Michael Malloy. C. Proclamation to designate the month of April 2007, as Call Before You Dig Month. To be accepted by Mr. Lynn Daffron from Embarq and Mr. James French from the Community Development and Environmental Services Division. 5. PRESENTATIONS A. Recommendation to recognize Don Albonesi, Richard Badge, Glama Carter, Amia Curry, Renee Finsterwalder, Marlene Foord, Joe Frazier, Kim Grant, Mark Isackson, Peter Lund, Gary Mullee, Cliff Ong, Winona Stone, and Amanda Townsend as Collier Countys Outstanding Team for Spring 2007. B. Contractor's presentation regarding the C.R. 951 Water Main project by Akerman Constuction Company, Inc. C. Distinguished Budget Presentation Award for the current fiscal year (20th) from the Government Finance Officers Association (GFOA) presented to the Office of Management and Budget. To be accepted by Mike Smykowski, Director, Office of Management and Budget. D. Presentation by Dr. George Yilmaz, recognizing Jon Pratt, NWRF Manager, as the recipient of the Water Environment Federations William D. Hatfield Award. 6. PUBLIC PETITIONS A. Public petition request by Tom Killen to discuss Radio Square PUD and outstanding commitments. B. Public petition request by John Shepard to discuss the Coconut River Estates Civic Association Property at 2361 Clipper Way. C. Public petition request by Richard Viscusi to discuss tree removal along boundary of WalMart and Sunrise Condominium Complex. D. Public petition request by Gene Silguero to discuss vacation of easement to allow set back requirements. Item 7 and 8 to be heard no sooner than 1:00 p.m., unless otherwise noted. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. Sheriff's Office and County Staff recommend that this item be continued to the May 8, 2007 BCC Meeting to finalize staff coordination. Board Consideration of Adoption of a Proposed Ordinance Prohibiting Certain Sexual Offenders and Sexual Predators from Establishing Temporary or Permanent Residences Within 2,500 Feet of Specified Locations such as Parks, Schools, Daycare Centers and Playground within the County and Prohibiting Property Owners from Renting and/or Leasing all or portions of Real Property to them Within the Proscribed Limits. Page 3 of 11 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Environmental Advisory Council. B. Appointment of members to the Bayshore /Gateway Triangle Local Redevelopment Advisory Board. C. Recommendation to declare a vacancy on the Affordable Housing Commission. 10. COUNTY MANAGER'S REPORT A. This item to be heard at 10:30 a.m. Recommendation to approve Contract Amendment No. 2, Exhibit E, for a Guaranteed Maximum Price (GMP) of $311,533,902 under Contract No. 04 -3609, Construction Manager at Risk Services for the Collier County Emergency Operations Center, with Kraft Construction Company, Inc. for the building construction portion of the Emergency Services Complex, project 52160. B. Recommendation to approve the intent of the Collier County Water -Sewer District to implement Water Restriction measures, per the South Water Management District (SFWMD) Water Shortage Plan. (Jim DeLony, Administrator, Public Utilities) C. Recommendation that the Board of County Commissioners provide the County Manager or his designee direction as to the manner for calculating allowable wetslips when a project shoreline is within a conservation easement.(Joseph K. Schmitt, Administrator, Community Development and Environmental Services) D. This item to be heard at 3:00 p.m. Recommendation to the Board of County Commissioners -- (Board) to consider options for the creation of a Fire Review Task Force to review issues and concerns related to fire review and inspections associated with the building plan review and permitting process; to review the building review and permitting procedures related to fire review and to review and make a recommendation to the Board regarding the amending of or repeal of Collier County Ordinance 2002 -49, as amended by Ordinance 2005 -32, the Collier County Fire Prevention and Protection Code pertaining to adopted standards and codes of the Florida Fire Prevention Code published by the National Fire Protection Association (NFPA), as amended by the State of Florida. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) E. Presentation of a proposed Collier County Pre - Purchase Inspection Service to be offered to prospective real estate buyers to ensure that the purchased structures are built in accordance with all zoning approvals. The information presented is intended to allow the Board of County Commissioners (BCC) to consider and provide direction on whether or not to make available this Pre - Purchase Inspection Service to prospective real estate buyers in Collier County.(Joseph K. Schmitt, Administrator, Community Development and Environmental Services) F. A report on solid waste collection options for white goods, tires, batteries and electronics in specific areas of the County. (Jim DeLony, Administrator, Public Utilities) G. This item to be heard on or about 11:00 a.m. Immokalee Master Plan and Visioning Committee and Local Redevelopment Advisory Board request to the Collier County Board of County Commissioners to cease enforcing certain zoning provisions in Immokalee for eighteen months or until the approval of the new master plan and land development codes, whichever comes first. (A companion item to 14B to be heard after 14B is discussed by the CRA) (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) Page 4 of 11 H. Recommendation to terminate the Intergovernmental Agreement between the Board of County Commissioners and the Florida Department of Environmental Protection, South District Office for enhanced environmental resources permitting (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division) I. This item to be heard at 2:00 p.m. Report of the findings on Utility Issues related to Transportation Projects. J. Recommendation to determine the final agenda from the topics proposed by members of the Board of County Commissioners and the Naples City Council for a joint workshop scheduled for May 1, 2007. (Debbie Wight, Assistant to the County Manager) K. Recommendation that the Board of County Commissioners reject the $16.5 million counter- offer from Athina Kyritsis and Zannos Grekos, owners of the Gawn Fishin', LLC property located in Everglades City (Owners). 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. This item to be heard at 12:00 noon. Notice of Closed Attorney - Client Session B. This item to be heard at 1:00 p.m. Board of County Commissioners to Provide Direction to the Office of the County Attorney as to any Settlement Negotiations and Strategy Relating to Litigation Expenditures in William Litsinger v. Collier County, Florida and Fred Coyle, individually, Case No. 06- 432 -CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. C. Recommendation to approve a Pre- Litigation Mediated Settlement Agreement for the purchase of improved property (Parcel 140) in the amount of $1,283,988.00 which is required for the construction of Vanderbilt Beach Road Extension Project #60168. (Fiscal Impact: $1,298,488.00) D. Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of $1,565,000.00 for the Acquisition of Parcel 119 in the Lawsuit Styled Collier County v. David Lawrence Mental Health Center, Inc., et al., Case No. 06- 0567 -CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact: $863,450) 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY A. This item to be heard on or about 11:00 a.m. Immokalee Redevelopment Advisory Board recommendation to the Collier County Community Redevelopment Agency (CRA) to consider approval of job descriptions and referral to the Board of County Commissioners the recommended fiscal year 2007 -2008 budget request related to the establishment of a new office in Immokalee to conduct CRA and Enterprise Zone Development Agency functions and duties. Page 5 of 11 B. This item to be heard on or about 11:00 a.m. Immokalee Master Plan and Visioning Committee and Local Redevelopment Advisory Board request to the Collier County Redevelopment Agency to approve and forward to the Board of County Commissioners a request to cease enforcing certain zoning provisions in Immokalee for eighteen months or until the approval of the new master plan and land development codes, whichever comes first. (A companion item to 10G to be heard before 10G is discussed) 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to adopt a resolution supporting a feasibility study for the proposed Heartland Parkway. 2. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Via Veneto Lots 30 and 33 Replat. 3. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of Castlewood at Imperial. The roadway and drainage improvements will be privately maintained. 4. This item requires that ex parte disclosure be provided by Commission Members. Should a hearing be held on this item, all participants are required to be sworn in. Recommendation to approve for recording the final plat of Silver Lakes Phase Two -G 5. Recommendation to approve the application for the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment by Airflyte Electronics. 6. Recommendation to reject Bid No. 06 -4050 for demolition of Commercial /Residential Structures. 7. Recommendation to accept the Special Magistrate's decision on the Mediation Proceedings for Case 06 -CEB- 00055: Jerry and Kimberlea Blocker v. BCC B. TRANSPORTATION SERVICES 1. Recommendation to approve a Resolution to terminate an Interlocal Agreement between the City of Naples and Collier County regarding maintenance assistance for the Traffic Signal System on Goodlette -Frank Road between U.S. 41 and Golden Gate Parkway and authorizing the County Manager or his designee to provide written notice of termination to the City. 2. Recommendation to approve the attached Agreement between Royal Wood Golf & Country Club and Collier County Board of County Commissioners as it connects LASIP to the Santa Barbara Boulevard Extension from Davis Boulevard to Rattlesnake Hammock Road, County Project No. 51101 3. Recommendation for the Board of County Commissioners to approve a budget amendment to recognize revenue received for the FY07 5309 Federal Transit Authority (FTA) grant for $238,000. Page 6 of 11 4. Recommendation to declare a single family residence on 2.674 acres in Golden Gate Estates as surplus property and to take the appropriate steps to sell the property (Fiscal impact $300.00.) 5. Recommendation to Award Bid #07 -4113 for Preparation and Delivery of Title Commitments and Real Estate Closing Services. Fiscal Impact: None. 6. Recommendation to approve a one year traffic reservation extension associated with the approval of the Traffic Impact Statement (TIS) submitted with the Verona Walk Phase 4C and 4D PPL AR #9241. 7. Recommendation to request the Board of County Commissioners to approve $4,500 from the Freedom Memorial Fund (620) to be allocated toward hiring a professional grant writing service for fundraising purposes. C. PUBLIC UTILITIES 1. Recommendation to approve, execute and record Satisfactions for certain Water and /or Sewer Impact Fee Payment Agreements. Fiscal impact is $245.00 to record the Satisfactions of Lien. 2. 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 1992 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $30.00 to record the Satisfactions of Lien. 3. 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 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. 4. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $70.00 to record the Satisfactions of Lien. 5. Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $90.00 to record the Satisfactions of Lien. 6. Recommendation that the Board of County Commissioners Award Contract # 06 -4049 Public Utilities Division Asset Management Program Development and Implementation to Camp Dresser & McKee, Inc., for an amount for the first phase not to exceed $447,946.00 7. Recommendation to utilize short-term inter -fund loan from user fees as an interim funding source for the South County Regional Water Treatment Plant (SCRWTP) 12 MGD RO Expansion project 700971, and for the South County Regional Water Treatment Plant (SCRWTP) Well field Expansion- Easement project 708921, Water Impact Fee capital projects. D. PUBLIC SERVICES 1. Recommendation to affirm the approval of a United State Fish and Wildlife Cooperative Agreement 401816J091 for a Derelict Vessel Removal Grant and approve all necessary budget amendments to recognize and appropriate grant revenue in the amount of $30,000. 2. Recommend Approval of a Budget Amendment totaling $250,000 from Beach Renourishment/Pass Maintenance Reserves to fund miscellaneous Beach Renourishment initiatives as required by FDEP permit which is part of the Countys Major Beach Renourishment Project (905271). Page 7 of 11 3. Recommendation to authorize a payment of $75,000 to Betty Briggs to purchase the Rob Storter Collection and to authorize the Chairman of the Board of County Commissioners to execute the attached three -party Agreement among the Friends of the Museum of the Everglades, Mrs. Betty Briggs, and the County, to transfer ownership of the Storter Collection to Collier County. 4. Recommendation that the Board of County Commissioners recognize the income from credit report fees generated by the Home Loan Program operated within the Housing and Human Services Department. 5. Recommendation that the Board of County Commissioners approves, and authorizes the County Manager to sign, a lien agreement with Santa Ledezma Diaz (Owner) for deferral of 100% of Collier County impact fees for an owner - occupied affordable housing unit located at Lot 66, Independence, Phase II. 6. Recommendation to recognize anticipated revenue in the amount of $11,300 from the Collier County Medical Society and approve a budget amendment to the Housing and Human Services Client Assistance budget. 7. Recommendation to adopt the State Housing Initiative Partnership (SHIP) Local Housing Assistance Plan (LHAP) for State Fiscal Years 2007 -2008, 2008 -2009 and 2009 -2010 as required by state law and submit to the Florida Housing Finance Corporation. 8. Recommendation to approve the submittal of a Florida Boating Improvement Program Derelict Vessel Removal Grant in the amount of $80,000 to the Florida Fish and Wildlife Conservation Commission. E. ADMINISTRATIVE SERVICES 1. Recommendation to ratify additions to, deletions from and modifications to the 2007 Fiscal Year Pay and Classification Plan made from December 16, 2006 through March 30, 2007. 2. Report to the Board of County Commissioners concerning the sale and transfer of items associated with the County surplus auction held on March 24, 2007, resulting in gross revenues of $518,875.25. 3. Recommendation to approve an Agreement for Sale and Purchase with Harvey N. Karen and Lisa M. Karen for 0.678 acres under the Conservation Collier Land Acquisition Program, at a cost not to exceed $898,000. 4. Recommendation to approve the submittal of the attached Florida Communities Trust (FCT) grant proposal seeking post acquisition funding for a 2006 Conservation Collier purchase of the Collier Development Corporation parcel, which is a component of the Gordon River Greenway Preserve Project, requesting reimbursement for 50% of project costs, or $1,045,700. 5. Recommendation to approve Phase III Enterprise Implementation Strategy of the Enterprise Content Management Strategy, Project 500421, in the amount of $25,000.00. 6. Recommendation to approve the Grant of Storm Water Drainage Easement agreement, Exhibit A, between Collier County and Edison College, to allow construction of a shallow drainage swale required by the Site Development Plan for the Emergency Services Complex and South Regional Library, project numbers 54003 and 52160. 7. Recommendation to confirm approval of the Starnes property as a Category A property on the fourth Conservation Collier Active Acquisition List and direction for the County Manager or his designee to actively pursue this property, considering an actual appraisal value that is significantly higher than originally estimated. Page 8 of 11 F. COUNTY MANAGER 1. Recommendation to accept an awarded Volunteer Fire Assistance Matching (50/50) Grant from the Florida Division of Forestry for the purchase of wildland firefighting equipment and approval of necessary budget amendments to recognize and appropriate revenue in the amount of $3,340.98. G. AIRPORT AUTHORITY AND /OR COMMUNITY REDEVELOPMENT AGENCY H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Coyle requests approval for reimbursement for attending a function serving a valid public purpose. Attended as a guest speaker at Naples Sailing & Yacht Club Men's Speaker Luncheon on March 15, 2007. $9.95 to be paid from Commissioner Coyle's travel budget. 2. Commissioner Halas requests approval for reimbursement for attending a function serving a valid public purpose. Attending the Economic Development Council VIP Breakfast at the Hilton Naples on May 2, 2007. $21.53 to be paid from Commissioner Halas'travel budget. 3. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Leadership Collier Class of 2007 Graduation on May 11, 2007 and is requesting reimbursement in the amount of $50.00, to be paid from his travel budget. 4. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the EDC's 2007 Best Places To Work Breakfast and Awards Presentation on May 3, 2007 and is requesting reimbursement in the amount of $40.00, to be paid from his travel budget. 5. Commissioner Fiala requests board approval for reimbursement for attending a function serving a valid public purpose. Attended the 4 -H Foundation Luncheon on Tuesday, April 10, 2007 at the First United Methodist Church; $9.00 to be paid from Commissioner Fiala's travel budget. 6. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Collier Republican Club Meeting on Monday, April 9, 2007 at the Clubhouse at Bridgewater Bay; $12.00 to be paid from Commissioner Fiala's travel budget. 7. Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Will attend the Leadership Collier Class of 2007 Graduation on Friday, May 11, 2007, at the Naples Beach and Golf Hotel; $50.00 to be paid from Commissioner Fiala's travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. To file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. To obtain board approval for disbursements for the period of March 31, 2007 through April 06, 2007 and for submission into the official records of the board. 2. To obtain board approval for disbursements for the period of April 07, 2007 through April 13, 2007 and for submission into the official records of the board. Page 9 of 11 K. COUNTY ATTORNEY 1. Recommendation that the Board of County Commissioners (Board) approve the Committees selection of Bricklemyer, Smolker, & Bolves, De La Parte & Gilbert and Fixel, Maguire, & Willis and authorize the Chairman of the Board of County Commissioners to sign an Agreement with each law firm for eminent domain services once such agreement is signed for legal sufficiency by the County Attorney. 2. Recommendation to approve the Second Offer of Judgment in the amount of $20,000 as to Parcels 114 & 914 in the lawsuit styled CC v. Elias Valencia, et al., Case No. 03- 2274 -CA (Golden Gate Parkway Project No. 60027). (Fiscal Impact $7,600, if accepted) 3. Recommendation to authorize staff to prepare and submit applications to register service marks with the United States Patent & Trademark Office and the State of Florida Division of Corporations to preserve the Countys advertising, logos, phrases and slogans. 4. Recommendation to approve an Agreed Order Awarding Expert Fees and Costs for Parcel 178 in the lawsuit styled Collier County, Florida v. Teodoro Gimenez, et al., Case No. 04-0561 - CA (Vanderbilt Beach Road (CR862) Project No. 63051). (Fiscal Impact $22,000.00). 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 that the Board of County Commissioners adopt an Ordinance to amend Ordinance 2003 -39 for the purpose of changing all references to funding traffic education to driver education programs, increasing the surcharge amount the Clerk of Courts may collect on all civil traffic penalties from $3.00 per penalty to $5.00 per penalty and to require that each Driver Education Program receiving funds require a minimum of 30% of a students time be behind - the -wheel training as authorized by Section 318.1215 of the Florida Statutes, entitled the Dori Slosberg Driver Education Safety Act. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition AVESMT- 2007 -AR- 11203, Lot 61, Black Bear Ridge Phase 1, disclaiming, renouncing and vacating the Countys and the Publics interest in a portion of a drainage easement in the rear of Lot 61 of Black Bear Ridge Phase 1, a subdivision located in Section 34, Township 48 South, Range 26 East, as recorded in Plat Book 43, Page 89 through 92 of the Public Records of Collier County, Florida, and being more particularly described in Exhibit A. C. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. DOA - 2005 -AR -7136: Naples Grande Holdings, LLC, represented by Bruce E. Tyson, RLA, AICP of WilsonMiller is requesting a change to the previously approved Grey Oaks Development of Regional Impact (DRI) in accordance with Florida Statutes, Subsection 380.06(19), to affect the southeast quadrant that is located in unincorporated Collier County of the 1,601.4 acre project. Proposed modifications include removing 250 hotel rooms and adding 175 residential units. The Grey Oaks DR[ is located in the northeast, southeast, and northwest quadrants of Airport- Pulling Road and Golden Gate Parkway, in Sections 24, 25 and 26, Township 49 South, Range 25 East, Collier County and the City of Naples, Florida. (Companion to PUDA- 2005 -AR- 10157) Page 10 of 11 D. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA - 2006 -AR- 10157: Naples Grande Holdings, LLC, represented by Bruce E. Tyson, of WilsonMiller Inc., requesting an amendment to the Grey Oaks PUD to replace the approved hotel use with residential land uses and add 175 units, thus changing the maximum number of units to 1,775 dwelling units for a project density of 1.12 units per acre. The PUD comprising 1,601.4 acres is located at the northeast, northwest and southeast quadrants of the intersection of Airport- Pulling Road and Golden Gate Parkway (the changes proposed in this petition will only affect the southeastern quadrant of the intersection), in Sections 24, 25, 26 Township 49 South, Range 25 East, Collier County and the City of Naples, Florida. (Companion to DOA - 2005 -AR -7136) E. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: PUDZ- 2006 -AR -9150 Kerry Kubacki for Livingston Village, LLC, and Tammy Turner Kipp of Vanderbilt Holdings II, LLC, represented by Robert L. Duane, AICP, of Hole Montes, Inc., is requesting a rezone from the currently zoned A Rural Agriculture with a Conditional Use (CU) overlay to MPUD Mixed Use Planned Unit Development. The proposed rezone request is for up to 100,000 square feet of retail or office space and ten multifamily units; the project is to be known as Bradford Square MPUD. The subject property is 9.18 acres located at 14258 Livingston Road, north east corner of Livingston Road and Vanderbilt Beach Road, Section 31, Township 48 South, and Range 26 East, Collier County, Florida. F. Recommendation to approve a resolution adopting the Collier County HUD One Year Action Plan for FY 2007 -2008 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). G. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ- 2006 -AR -8997, D. Wayne Arnold, AICP, Q. Grady Minor and Associates, and Richard D. Yovanovich, Esq., Goodlette Coleman and Johnson, P.A representing Elias Brothers Communities Two, Inc., requesting to rezone a 55- acre tract from the Rural Agricultural (A) zoning district to Residential Planned Unit Development (RPUD) zoning district for a project known as the Buttonwood Preserve RPUD for property located approximately one mile south of Immokalee Road (C.R. 846) and 0.7 miles east of Collier Boulevard (C.R. 951) on the south side of Tree Farm Road, in Section 35, Township 48 South, Range 26 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774 -8383. Page 11 of 11 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING April 24, 2007 Add Item 2C: March 28, 2007 — Approval of minutes for District 2 Town Hall Meeting. (Staff's request.) Withdraw Item 61): Public petition request by Gene Silguero to discuss vacation of easement to allow set back requirements. (Petitioner's request.) Item 8A continued to the May 8, 2007 BCC meeting: Board consideration of adoption of a proposed ordinance prohibiting certain sexual offenders and sexual predators from establishing temporary or permanent residences within 2,500 feet of specified locations such as parks, schools, daycare centers and playground within the County, and prohibiting property owners from renting and /or leasing all or portions of real property to them within the proscribed limits. (Sheriffs Office and County Staffs request.) Move Item 16A1 to 10L: Recommendation to adopt a resolution supporting a feasibility study for the proposed Heartland Parkway. (Commissioner Coyle's and Commissioner Fiala's request.) Continue Item 16A5 indefinitely: Recommendation to approve the application for the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment by Airflyte Electronics. (Staffs request.) Item 16A6: For the sake of caution, staff has requested that the BCC waive the $50,000 formal competitive threshold if necessary during the re- bidding process in the event that work to a given vendor exceeds $50,000 cumulatively. Staff anticipates bringing a new contract to the Board for award within 90 days. Move Item 16B1 to 10P: Recommendation to approve a Resolution to terminate an Interlocal Agreement between the City of Naples and Collier County regarding maintenance assistance for the Traffic Signal System on Goodlette -Frank Road between U.S. 41 and Golden Gate Parkway and authorizing the County Manager or his designee to provide written notice of termination to the City. (Staff' request.) Move Item 1666 to 10M: Recommendation to approve a one -year traffic reservation extension associated with the approval of the Traffic Impact Statement (TIS) submitted with the Verona Walk Phase 4C and 4D PPL AR #9241. (Commissioner Coyle's request.) Move Item 16C6 to 10N: Recommendation that the Board of County Commissioners award Contract #06 -4049 Public Utilities Division Asset Management Program Development and Implementation to Camp Dresser & McKee, Inc., for an amount for the first phase not to exceed $447,946. (Commissioner Coyle's and Commissioner Henning's request.) Move Item 16E7 to 100: Recommendation to confirm approval of the Starnes property as a Category A property on the fourth Conservation Collier Active Acquisition List and direction for the County Manager or his designee to actively pursue this property, considering an actual appraisal value that is significantly higher than originally estimated. (Commissioner Coyle's request.) Withdraw Item 161­16: Commissioner Fiala requests Board approval for reimbursement for attending a function serving a valid public purpose. Attended the Collier Republican Club Meeting on Monday, April 9, 2007, at the Clubhouse at Bridgewater Bay; $12.00 to be paid from Commissioner Fiala's travel budget. (Commissioner Fiala's request.) Move 17F to 813: Recommendation to approve a resolution adopting the Collier County HUD One Year Action Plan for FY 2007 -2008 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). (Commissioner Henning's request.) Time Certain Items: Item 10 A to be heard at 10:30 a.m. Recommendation to approve Contract Amendment No. 2, Exhibit E, for a Guaranteed Maximum Price (GMP) of $38,533,902 under Contract No. 04 -3609, "Construction Manager at Risk Services for the Collier County Emergency Operations Center ", with Kraft Construction Company, Inc. for the building construction portion of the Emergency Services Complex, project 52160. Item 10D to be heard at 3:00 p.m.: Recommendation to the Board of County Commissioners (Board) to consider options for the creation of a Fire Review Task Force to review issues and concerns related to fire review and inspections associated with the building plan review and permitting process; to review the building review and permitting procedures related to fire review and to review and make a recommendation to the Board regarding the amending of or repeal of Collier County Ordinance 2002 -49, as amended by Ordinance 2005 -32, the Collier County Fire Prevention and Prevention and Protection Code pertaining to adopted standards and codes of the Florida Fire Prevention Code published by the National Fire Protection Association (FFPA), as amended by the State of Florida. (Joseph K. Schmitt, Administrator, Community Development and Environmental Services Division.) Item 14A to be heard on or about 11:00 a.m.: Immokalee Redevelopment Advisory Board recommendation to the Collier County Community Redevelopment Agency (CRA) to consider approval of job descriptions and referral to the Board of County Commissioners the recommended fiscal year 2007 -2008 budget request related to the establishment of a new office in Immokalee to conduct CRA and Enterprise Zone Development Agency functions and duties. Item 14B to be heard on or about 11:00 a.m. following 14A: Immokalee Master Plan and Visioning Committee and Local Redevelopment Advisory Board request to the Collier County Redevelopment Agency to approve and forward to the Board of County Commissioners a request to cease enforcing certain zoning provisions in Immokalee for eighteen months or until the approval of the new master plan and land development codes, whichever comes first. Item 10G to be heard on or about 11:00 a.m. following Items 14A and 146: Immokalee Master Plan and Visioning Committee and Local Redevelopment Advisory Board request to the Collier County Board of County Commissioners to cease enforcing certain zoning provisions in Immokalee for eighteen months or until the approval of the new master plan and land development codes, whichever comes first. Item 101 to be heard at 2:00 p.m.: Report of the findings on Utility Issues related to Transportation Projects. Item 12A to be heard at 12:00 noon: Notice of Closed Attorney - Client session. Item 12B to be heard at 1:00 p.m.: Board of County Commissioners to provide direction to the Office of the County Attorney as to any settlement negotiations and strategy relating to litigation expenditures in William Litsinger v. Collier County, Florida and Fred Coyle, individually, Case No. 06- 432 -CA, now pending in the Twentieth Judicial Circuit in and for Collier County, Florida. Agenda Item No 4A April 24, 07 Page 1 f 2 's PROCLAM 4TION x� WHEREAS, water is one of our most basic and vital needs, and our health, safety, comfort, and standard of living depend upon an abundant supply of safe drinking water• and WHEREAS, the citizens of Collier County should have a safe and depend,ble supply of water both now and in the future, and, WHEREAS, we are rolling upon each diten to, help protect our water resources from l/utaan` to plwctice' water conservation, and to > A ,�. , . ,a •, be involved in %ca /avaten issci"es ,. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the week of May 6 - 12, 2007 be recognized as DRINKING WATER WEEK DONE AND ORDERED THI5 24r^ Day of Apr%l, 2007 BOARD OF COUNTY COMMISSIONERS COLLIER CC�t/ FLORIDA ry xu � OF �".dMES_'�.`'ETTA,_C:`'lAIRMAN ATTEST.• W26 ROC , ..CLERK' Pgenda Item No 4A P.pni 2:, 2007 Paye 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 44 Item Summary: Proclamation to recognize May 6. 200: through May 1- . 2001 as Dnnkmg Water W'aek. Water Is one of bur most bavc and vital geebs and our heabb . salary c.mtart antl standard of Irving nepenE upon an auundent supply of seta drinking water. To be accepted by Mr. Paul Matti Director Water Adulinls!ration Ms Pamela Libby. Operations Manage[ Water Administration. Mr. Stephen Lang Environmental Sparrellet, Water Distububpn Mr Steve Messner. North Water Plant Manager. Mr. Ty Stutter Water Distribution Manager. Water Distribution, and Mr. Howard Brogbon, Laboratory Supervisor. Water Lab Meeting Date: 4124120D7 9.00.00 AM prepared By Lisa Resnick Executive Aide to the BCC bate Board of County BCC Office 4111120D7 8:21:52 AM. Commissioners Approved By Sue Filson Executive Mamrger to the DOC Care Board of County BCC Office 411112007 a:44 AM Commlesloners Approved By Jaynes V Mudtl . dory rMana9er Dete Beam of eonety ..mnmrssroncr_ County Manage: s OC %ge 4x121200' 1 2:02 PM Agenda Item No 4B April 24, 2 07 Page 1 f 2 PR0CLAM -ATION WHEREAS, an important part of the Col /ier,County and University of Florida Extension is to inform residentia/gardeners about the southwest Florida eco- friend /y urban gardening, and. M1 tyIEREAS, trained Master Gardener volunteers perform an extremely ' ' important role in this sarvica and WHEREAS, one Master Gardener volunteer has shown himself to go above and beyond expectations in teaching residents -what plants arc appropriate to Collier Countys c//mate and water limitations; and advocating the elimination of pestidde use for the promotion of A wildlife and protection of the enviranmenL• and WHEREAS, this volunteer has become a stand -alone Master Gardener, has n q, . . given his time to receive troimngs has shared over 30 years of pragmatic horticulture experience through the preparation and delivery of public presen'ta'tions, and has donated his time and efforts to increase awareness of the importance of retaining wildlife habitats, and, WHEREAS, his donation of over 1,000 documented hours of time in the Master Gardener Program since 2005 has been of tremendous benefit to the citizens of Collier County,' and, WHEREAS, the Board of County Commissioners would like to express their deepest appreciation to Michael Malloy for all his volunteer work as Master Gardener. NOW THEREFORE, be it proclaimed by the Board.o{ County Commissioners of Collier County,` Florida MASTER GARDEINERNICHAEL MALLOY be recognized for his gift to the citizens of Collier County. DONE AND ORDERED THIS 24th Day of April, 2007. BOARD O COUNTY COMMISSIONERS 7NTY (LORI n A S COLET7A, CHAT $ dIAN - ATTEST•'V _i :g't F3.r OWIGH7'1E BRDCK, CLERK''' lip Agenda Item N0. 4B Am,! 24, 2007 Page 2 of 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 4B Item Summary: F culamatmn to recognize Mr. Mis ael Malloy for his volunteer work as Master Gamene, . Mr Malloy rtes O011eted fle title prod efforts to the Master GarOeher program sharing] over 30 years of pragmatic flor iculture experience through the preparation and delivery of public presentations to Increase awarari Of the anportance of retaining wildhfa radius, 70 be accepted by or Mistreat Malloy. MeetlOS Date: 4/24/2007090.00 cM Prepared By Lisa Resnick Executive Aide to the BCC Data Board of County Cammiasioners BCC Office Mt 112007 a'. 20: 20 AM Approved By Sue Fixers Executive Manager to the BCC Data Board of County Commissioners BCC Office 4111/20078: 44 AM Approved By James V. Mudd Loanly Manager Date Board of County C."riss .... ric ..oumy Managers Office 411212007 1 OS PM Agenda Item No. 4C PROCLAMATION April 24. 2007 Page 1 of 2 _. WHEREAS, each year in Florida, lives are endangered, time and money are wasted, and underground utility facilities are destroyed because individuals fail to have existing underground utility facilities located before engaging in excavation or demolition activities that can unnecessarily damage existing underground utility facilities; and, WHEREAS, Florida's Governor, Charlie Crist, recently issued a proclamation endorsing protection of underground utility facilities and observance of the month of April 2007 as "Call Before You Dig Month "; and, WHEREAS, "Call Sunshine ", a toll -free, one -call center that informs and notifies all Participating utility agencies of plans to commence excavation or demolition that can damage underground utility facilities, is a free service to contractors, property owners, and other individuals who plan to commence such excavations or demolitions; and, WHEREAS, Collier County advocates compliance with Florida statutes and local ordinances with regard to protecting existing underground utilities from avoidable physical damage; and, WHEREAS, each individual planning any type of excavation or demolition that might damage any existing underground utility facility should always notify "Call Sunshine" to determine whether any existing underground utility facilities need to be located, whereby locating personnel are dispatched, at no cost to each such inquiring individual, to physically mark the in- ground locations of buried utility facilities; and, WHEREAS, Collier County recognizes Collier County and the City of Naples Underground Damage Prevention Task Force as the group of utility providers and local government agencies that are dedicated to the protection of underground facilities and the community's infrastructure by utilization of "Call Sunshine ". NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the month of April, 2007, be designated as CALL BEFORE YOU DIG MONTH DONE AND ORDERED THIS 24th Day of April, 2007. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLE7TA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Aaentla Item No 4C April 24, 200' Page 2 o' 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS -' Item Number: 4C Item Summary: ProcAmatior, to desgnate the mono of April 2007. as CEO Belpre You Dig Of 70 be accepted by Mr Lynn Oaflron from Embarq and Mr James Frencn from ms Community Development antl Enmrpmnental Services Division Meeting Date: 4/2412007 9 60.00 AM Prepared By Lisa Resnick Executive Aide to the BCC Data Board of County Commissioners BCC Office 4/16)20073: 32: 05 PM Approved By Sue Filson Executive Manager to the BCC Dan. Board of County Commissioners BCC Office 41162007 3:33 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Manager s Office 411620074:18 PM Agenda Item No. 5A April 24, 2007 Page 1 of 2 EXECUTIVE SUMMARY Recommendation to recognize Don Albonesi, Richard Badge, Glama Carter, Amia Curry, Renee Finsterwalder, Marlene Foord, Joe Frazier, Kim Grant, Mark Isackson, Peter Lund, Gary Mullee, Cliff Ong, Winona Stone, and Amanda Townsend as Collier County's Outstanding Team for Spring 2007. OBJECTIVE: To obtain approval from the Board of County Commissioners to recognize Don Albonesi, Richard Badge, Glama Carter, Amia Curry, Renee Finsterwalder, Marlene Foord, Joe Frazier, Kim Grant, Mark Isackson, Peter Lund, Gary Mullee, Cliff Ong, Winona Stone, and Amanda Townsend as Collier County's Outstanding Team for Spring 2007. The Strategic Excellence Program for Ultimate Performance, or STEP -UP, Project Team was assembled by the County Manager to assist in his implementation efforts of the Board of County Commissioners 10 -Year Strategic Plan, which was adopted for Fiscal Year 2007. The STEP -UP team held their "kick -off' meeting in September 2006 and began regular monthly meetings in November 2006. In addition to being tasked with "bringing the Board's Strategic Plan to life ", the team is heavily involved in ensuring that Division and Departmental intermediate range business plans, annual work programs and individual employee performance plans are aligned with the Strategic Plan. The team is also focusing on program performance metrics, enhanced business operations, and identification and implementation of best practices. The STEP -UP Project team is a multi - business discipline team that also acts as a catalyst to encourage a cross - divisional approach in achieving the Board's goals and community outcomes as outlined in the Strategic Plan. FISCAL IMPACT: The cost of this request is $263.90; which will pay for a plaque for each recipient. Funds for this are available in the Human Resources Budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approves the recognition of Don Albonesi, Richard Badge, Glama Carter, Amia Curry, Renee Finsterwalder, Marlene Foord, Joe Frazier, Kim Grant, Mark Isackson, Peter Lund, Gary Mullee, Cliff Ong, Winona Stone, and Amanda Townsend as Collier County's Outstanding Team for Spring 2007. PREPARED BY: Matt Pylant, Employee Recognition Coordinator, Department of Human Resources Agenda Ile, No 5A Apri124, 2007 Pays 2 Cf 2 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 5r Item Summary: Recommendation to recognize [Jon Albonesi Renard Danger. Glama Carter. Amia Gerry. Renee FirskrY ✓ alder. Marlene Poond Joe Frazier Kim Grant. Mark Isackson. Peter Lend. Gary Cori. Cliff Ong Wlnone Stone, and Amanda Townsend as Oolliar Coentys Ootstammng Team for Spring 2007. Meeting Date: 4124/2007 9.00.00 4M Prepared By Mar, Pytant Employee Recognition Coordinator Date Administrative Services Human Resources 419120074.21: 17 PM Approved By Jean Merritt Homan Resources Director Date Administrative Services Human Resources 411212007 11 18 AM Approved By Len Golden Price Aderneatrarive SiCi Atlmimstmtor pate Adminirson,,Services Administrative Services Admin. 411 212007 1 39 Per .Approved By OMB Coordinator Admmiztrnflve Assistant Date —.op Manager! Offine Offiw of Managemonf 5 Budget 4112' ?DOi 2 46 PM Approved By Leuri Dave sson Mart , ent j beenef Ana". Oatc tl r t napery Of— OX e J, wroocronmn, G 9ntl4et 4 20 ^" 16 t'! AM Approved By Mimmel Sm_ vizke ..a rapemenl S Buepet Oireetor pate t rdanaeers pfnc, Y Of M 1 _nf S Hednel 411C2oC7 i 1a PM Approved By Jam's V. Med. .,ounty nlanapar uam Board of County Cormty Managers OHlce 4/1612007 4:20 PM A_aende item No. 5E A N 24, 2007 Page 1 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 5b Item Summary: Gornlanor's Presentatmn iegammg the C.R 951 Water Mom project by Akerman Coosmcvon Company. Inc. Meeting Date: 412412007 300.00 rM Prepared By Ronald F. Dillard P.E. Senior Protect Manager Date Public Utilities Public Utilities Engineering 411 2120 07 1:09:57 PM Approved By Jame. V. Mudd County Manager Data Boats of County Commissioners County Manager's Office 4113I2DO712'. 00 PM nom CD 0 V N 7 N C N m — — n a and a C N d O 0 N N Q ai Q O v v 6, L R 0 m N O r 0 0 z U U L L U R N D` U C .f M O O z r R L v O IE R 0 U U L ^o U R L V .Y Q d R z L W Q L u R w V �O L a h ro Q O 4. c M R 4r O b-0 J 'C q � � U OC U R C S O y C C c " c � � C L ;J 3 �p M R y C c c c U ..I x .+ J OI o �r L U U y q � � N II M M M 0 M O 0 M M M N M U O N � W � N o o N > > z E > z 69 L N U y aU. R a V I 7 z Baca R W d R O C R 7t 7 yC L ^ N LO FA ayi V C Oa+ r C VJ ti �I 3 L u OG d 0 •r, R t N O C R 9 K V 7 7 U V m O V c^ R L O u R L 0 U h d L by O L 0. 0 V O O U V U O .y. ^ U y L R 3" V �o U �r 0 0 0 0 N N O N � O N � � N o o N > > z E > z c N y aU. R a O z z Baca .U. ry1 O C R U V yC L O O LO ^ ayi V C Oa+ r C VJ o z o a a 3 L u OG d 0 •r, R t N O C R 9 K V 7 7 U V m O V c^ R L O u R L 0 U h d L by O L 0. 0 V O O U V U O .y. ^ U y L R 3" V �o U �r Agenda Item No. 5B April 24, 2007 Page 3 of 3 Agenda Item No. 5C April 24, 2007 Page 1 of 3 / Government Finance Officers Association /V 203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601 -1210 312.977.9700 fax: 312.977.4806 .. , 2!27 April 9, 2007 Mr. James V. Mudd County Manager Collier County 3301 Tamiami Trail East W. Harmon Turner Building, 2nd Floor Naples, FL 34112 Dear Mr. Mudd: I am pleased to notify you that Collier County, Florida has received the Distinguished Budget Presentation Award for the current fiscal year from the Government Finance Officers Association (GFOA). This award is the highest form of recognition in governmental budgeting and represents a significant achievement by your organization. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual or department designated as being primarily responsible for its having achieved the award. This has been presented to: Office of Management & Budget We hope you will arrange for a formal public presentation of the award, and that appropriate publicity will be given to this notable achievement. A press release is enclosed for your use. We appreciate your participation in GFOA's Budget Awards Program. Through your example, we hope that other entities will be encouraged to achieve excellence in budgeting. Sincerely, Stephen J. Gauthier, Director Technical Services Center Enclosure Washington, DC Office 1301 Pennsylvania Avenue, N.W., Suite 309 • Washington, DC 20004 • 202.393.8020 'fax: 202.393.0780 www.gfoa.org Agenda Item No. 5C April 24, 2007 Page 2 of 3 G Government Finance Officers Association 203 North LaSalle Street, Suite 2700 Chicago, Illinois 60601 -1210 312.977.9700 fax: 312.977.4806 April 9, 2007 PRESS RELEASE For Further Information Contact Stephen J. Gauthier (312) 977 -9700 rsarrrrrr+ r++ w++++• rt++ wwrt++ raar+ rrrrra+ rr+ wr+•+ r++ a++ rtrrrwarrrrrrwrrr + +w +arrrrsr + +srtr Chicago - -The Government Finance Officers Association of the United States and Canada (GFOA) is pleased to announce that Collier County, Florida has received the GFOA's Distinguished Budget Presentation Award for its budget. The award represents a significant achievement by the entity. It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the entity had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well an entity's budget serves as: • a policy document • a financial plan • an operations guide • a communications device Budget documents must be rated "proficient" in all four categories to receive the award. When a Distinguished Budget Presentation Award is granted to an entity, a Certificate of Recognition for Budget Presentation is also presented to the individual or department designated as being primarily responsible for its having achieved the award. This has been presented to Office of Management & Budget. For budgets including fiscal periods 2005, 1,069 entities received the Award. Award recipients have pioneered efforts to improve the quality of budgeting and provide an excellent example for other governments throughout North America. The Government Finance Officers Association is a nonprofit professional association serving 16,800 government finance professionals throughout North America. The GFOA's Distinguished Budget Presentation Awards Program is the only national awards program in governmental budgeting. Washington, DC Office 1301 Pennsylvania Avenue, N.W., Suite 309 • Washington, DC 20004 • 202.393.8020 • fax: 202.393.0780 www.gfoa.org Agenda Item Nu 5C AGtd 24. 2007 psa� 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 5C Item Summary: Drstmgwshed Budget Presemabon Award for the current fiscal year f20tn) from me Gf,ernmdnt Finance Otfinem Hssoceoon GFOP ; presentee to the Office of Management ane Budc i To he accepted by Mike Smyhowsk, OrecmC O4ma of Management and Budget Meeting Date: 412412007 590'00 AM Approved By James V. Mudd Co.., Manager Due Booed of County County Manager's Office 411]1200] 9'A6 PM Commissioners Eftin Aaenda Item No. 6A April 24. 2007 Page 1 of 4 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail • Naples, Florida 34112 • (239) 774 -8383 • Fax (239) 7744010 April 3, 2007 Mr. Tom Killen 3960 Radio Road, Suite 210 Naples, FL 34102 Re: Public Petition Request to Discuss Radio Square PUD and Outstanding Commitments Dear Mr. Killen: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of April 24, 2007, 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. Hannon 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, James V. Mudd County Manager JVM /jb cc: David Weigel, County Attorney Joseph Schmitt, C.D. &E.S. Administrator Norman Feder, Transportation Administrator Please print Name: I Address: 63 / VH. Request to Speak under Public Petition Agenda Item No. 5A April 24, 2007 Page 2 of 4 rol Phone: -"3 6 - Zj 79 dd Date of the Board Meeting you wish to speak: S A 7:F 7 Please explain in detail the reason you are reauestinq to speak (attach additional age if necessa �Iill�d � � ay'rilJ/ Please explain in detail the action you are asking the Commission to take (attach additional Dage if necessary): C.Mowments and SettingsW P_Ov AMy DocumentslPublicPeMionRequestForm .doc Agenda Item No. 6A A K. DEVELOPERS, INC. April 2ao7 Page 007 of 4 1100 Pine Ridge Road Naples, Florida 34108 (239) 649 -1230 (239) 649 -4237 Fax March 30, 2007 Ordinance #2003 -48 Radio Square PUD Radio Square PUD is part of the current group of PUD's being audited for compliance. When the transportation staff did the field audit, they noticed some outstanding commitments. The Transportation Department immediately put the Certificate of Occupancy for the building on hold and advised our project manager that the CO was being put on hold because of outstanding commitments that needed to be in place prior to CO. Because staff does not have the authority to waive or remove commitments, we entered into an agreement and agreed to give the Transportation Department a Letter of Credit equivalent to the estimated cost of these commitments. After further review of the PUD Ordinance, we don't agree that we should be held responsible for the outstanding commitments, since we only are the owner of a Tract within the PUD and not the entire PUD. The outstanding commitments are to build a sidewalk along Donna Street for the entire frontage of the PUD; A six -foot sidewalk that would not connect to another sidewalk. Arterial level street lighting at the project (PUD) entrance and, an internal sidewalk from the Corporate Park tract to the Lodge parking lot. We are proposing to the Board to take the following action: Sidewalk along Donna Street adjoining tract "B" was shown and built as T -0" wide sidewalk according to approved SDP. We would like to see this stay as is, with the exception of M.K. Developers. Inc., creating a crosswalk (to Collier County Specifications) at the end of this walk. This will lead to the sidewalk on the east side of Donna Street. Also, to have interior sidewalk from Corporate Park tract to Elks Lodge parking lot removed, backflow preventer, four water meters, fire hydrant, trees and FDC make this almost impossible to build. Furthermore, there is an existing crosswalk along Radio Road and a 6-0" sidewalk to Elks parking on west side of entry. We would like arterial level lighting to be removed from PUD as there is only one entry to PUD and is well lighted by Elks Lodge sign. We would like the Board to direct staff to release the Letter of Credit that was given since we do not believe it is our responsibility to fulfill these commitments. We would like to thank the Commissioners for their time. Agenda Item No GA April 24, 2007 Page 4 of 4 mcerely, Howard Ku M.K. Developers, Inc. Agenda Item No. 6B April 24, 2007 Page 1 of 2 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail • Naples, Florida 34112 • (239) 774 -8383 • Fax (239) 774 -4010 April 4, 2007 Mr. John Shepard 2361 Clipper Way Naples, FL 34104 Re: Public Petition Request to Discuss the Coconut River Estates Civic Association Property at 2361 Clipper Way Dear Mr. Shepard Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of April 24, 2007, 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. rely, James V. Mudd County Manager JVMIjb cc: David Weigel, County Attorney Joseph Schmitt, Administrator C.D. &E.S. Agenda Item No. 6B April 24, 2007 Request to Speak under Public Petition Please print r,'; , „� 2!27 Name: 2310 % Lu PPS.. t, 4y NaPt -• s . Fes- 3 41 o `f Phone: ( 2r,) L1 So -o Lo '7 Date of the Board Meetinq you wish to speak: 7-41 "& Zoe '? Please explain in detail the reason you are requesting to speak (attach additional page if necessary): % A5X TNZf ,do�(-,20 6r Ta cowrrzF T7i /.r� Ti7x4 F1'14J rtiT Zlgd CL,Plo� (.aA -e tl(jet ASCoc,"Wr��P�rG'i� AXE 5.1j c /trjA U.Se 0"J /A-c.ci s PA-$'t513 Ce-t ( C-k -SITS =SSJcF-O L"✓' A}arb -f-HS FA--T T�� Thk'� rkc«�Tl d3 tFsNf �cf� Tk�2c{ t=a2 ZS PW> Please explain in detail the action you are asking the Commission to take (attach additional page if necessary): RS(� Tk�s ca- ...t$g-"-lwc JoT2T vi G J� F�+9 eAt C lZtsCA 'f0 wt- (1 ) J;QC TD uTl t.. z -� "Z T((53 AS r .e H4 4; i r % tl-e OOA-y-f 3/t'S� /- rTtM,4eWFk-t7d2j ar cal1� J�'�Qlzi€ +.i3v� dF 7h rc HAPublic Petition Request Fonn.doc R%�iii. i"16 Apri14,2007 Agenda Item No. 6C April 24. 2007 Page 1 of 4 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail • Naples, Florida 34112 • (239) 774 -8383 • Fax (239) 774 -4010 Mr. Richard Viscusi 118 Palm Drive Naples, FL 34112 Re: Public Petition Request to Discuss Tree Removal Along Boundary of WalMart and Sunrise Condominium Complex Dear Mr. Viscusi: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of April 24, 2007, 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, James V. Mudd County Manager JVM /jb cc: David Weigel, County Attorney Request to Speak under Public Petition Please print Name: (?/ C Atf%2P (ll52lJS / Address: Agenda Item No. 6C April 24. 2007 Page 2 of 4 or-rtcr C. 2 - 2006 0 ,p441!,C-- n! % /s) 1� Phone: .S //a' 33'3 -Y % /%C Date of the Board Meeting you wish to speak: A74 2,420:7 Please explain in detail the reason you are requesting to speak (attach additional age if necessa Please explain in detail the action you are asking the Commission to take (attach additional page if necessary): FMATA \PETITION POLICY FOR PUBLIC PETITIOMPublic Petition Request Form.doc Og34 a It No. fiC mc t Q' 7 '33o/ ew 7- Tit /rfrVTUiI. 1V1F,0,4r,S AL {�s ;pe/ (6tXnllSSia�Yljei dlM [��eHtL i arr� �^C9uasfiny a Vu�lte pef✓ti tpV f�j� �ol)oWInG�, 1 4.hrt avt owner 6 f a Con do w) a it) xi oxrt to `—k r- nIcclv(e5 Suy) r(S le li (?o �toloM,niurtt C.0071Dl ea< -90r- oVrr 16 years. Sct?✓?7ef -Ivme I✓7 -j-He summer o-F 2006 ovr~ fWees ct,Ioh9 our boun4av-y Luttk Wa)Maui" WLY'e, %MoVect * tF e csfzZvr#V. T(,es4',j`Ft^ee5 �ov^rhec cz �ot�n�Qt C to oafween our butl�tngs. 1Wl� i� S I lQ� IZG�_134 142 %O j 154- Pain briV'e CLn4 a. At AlcV -f- 2-4 - ':ovr skoppr ng e•e" -er- a+ 34!5t lat,✓nramiTrot l Ca-s+ I plus, Tkts Has tayse4 f-he -Faflowt✓tg problems; f. Vie. qutr -+ e njoy meY)t o-� our- (f?otido _vnti-s H a.s 6.-Cn �t6•f�±?�b� loy •f-he corns�.�t't"�na[s� - R,^awt wrofbv -tz =� r✓ {eatnt yLtu �ltitwves t lec� � _ b lowe✓s V o� , Wv e✓`5ct.+ts i n t h e Foae e traVICe t eaw atecrm-S gat-ty o�E Je9uta✓1%� lo�,c( eav, radios a.vkd, Car horns 'In 04- rt'he- Vvlmrrht�yg (t�a�l(� 3t1- tat- SA-►�� ;(fur o.nee greenery Vtew �nas bees, r�pfa�e,4 b�f cL _ Par-vinq 10f 444( 0"c- (°P V-S P+- ru.ev-S 3, rke. - O ILte of our eon4owttnwigs_ -NO p n de-precaaf4 ewts, ill ls I vl ee i-1 ese 7 -!`yes w e rie, 1ri <<en 40wtj 14Y +- ke- troun`fy -1-In y sG�o�lc� Y��Ic�ce. 1-Gt�t>vt w�E(� o v� fiY�es to attow r 0- 0144v8uhtum oCt wVi s 4o n�vr- tke —qw4 ev,,&iwLyrt� o-c-t eW Aaenda Itefri No. 6C h AprilI 124.. 2007 U vi its + he v I e w } VI eY O ci te hc,� an Gr res- ttt/ -�o T I�Lo of 4 Value 6,(- thT-ocr `t"' a14V- Apo -&a y tVK5C J%t, -40 i -ZaA -ctac(o.sw3 s&m-e pte-tureS of View mow. our buttdvmgs _ _ Agenda Item No. 6D April 24, 2007 Page 1 of 6 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail • Naples, Florida 34112 • (239) 774 -8383 • Fax (239) 774 -4010 April 13, 2007 Mr. Gene Silguero 1434 Botanical Drive Immokalee, FL 34142 Re: Public Petition Request to Discuss Vacation of Easement to Allow Set Back Requirements Dear Mr. Silguero: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of April 24, 2007, 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. cerely, James V. Mudd County Manager JVM /jb cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator Request to Speak under Public Petition Please print Agenda Item No. 6D April 24, 2007 Page 2 of 6 Address: , , _ , `J t + i T Date of the Board Meeting you wish to speak: Please explain in detail the reason you are reguestina to speak (attach additional page if necessary): FMATA1PEnTION POLICY FOR PUBLIC PETITION%Pubk PeMMon Request Form.doc Z'd BOLO L99-66Z Cul'SUePIMOLMoH OWE) d9VSO LO ZL jdy ow HOW SU1LDEM HC 1434 Botanical Dr. Immokalee Fl. 34142 March 30,2007 Comcast Cable Mr. Mark Cook, Pbaae: 2394167.0704 Far 239 - 867.0708 Agenda Item No. 6D April 24, 2007 Page 3 of 6 GMC Home Builders is conshixting a residential home at 505 Madison Ave., in Immoke- lee. The home is not meeting it's set back of 25 feet on the left side ofthe home, we seem to have 2317.2". The house is a little less then 15" inches short of meeting it's set back, on the side that is adjacent to Glades Street As you can see from the copy of the survey all of th e utilities nun though the back alley of the home, not the side. We strive to follow every step as we build our homes, Unfornmately when our survey company did our Hub & Tack they failed to check the correct set backs. At the time we re- ceived our survey from the surveyor we were already at tie beam stage. While we could pursue the survey company to coned the problem the only ones who would suffer at this point would be the home owners, as they have already sold their home in Lehigh Acres and are living with relatives in Immokalee. They both teach at Immokalee school's. The Engineering Dept at the Collier County Permitting request that we receive your per- mission from your department. We. sincerely hope that Comcast Cable will allow the vacate of ese =ma* wAns project, for this would alleviate the 15 inch short fall of the easement. CA 90LO L99-66Z 0u1'w8P3rqKU0H OWE) d91L:60 LO ZL Ddb' Agenda Item No. 6D April 24. 2007 Page 4 of 6 DON HUNTER • COL11En coumry 3301 T MdEW Tii Eap. deg -A Hwr., FL 341124902 (239) T74-4434 . =Mwa wMmg Apt 3,2M GMC HOME BU DERS, INC. Gene Sgguem 1434 Botanical Drive immokeiac. FL 34142 BE: Vaua dm of 1S bwk sbortage oa rat bads of ba stSO Medbw Aveme at Glades Stribet Dear Mr. walla Staff has reviewed yourrequest for a letter of ^No Objeatioe for the above described project. The particular vacation is as described in your hear of Mach 30,2D07. The Sbw&s Office rcvwws then requests to detear me ifibe gwetirg of the vacation will have any foreseeable negative effect on our ability to provide law anforcel savic s to the am These services incbrde emergency response, pettoL and traffic crAnoem®c So laaug as the vacation, enter now or in the future, does not impiaM on ow ab0ity to deliver thrae se vicea, the Collier Canty Sbaiffis o>isoe bas 'No Objeell to the Vwbng of your request. If the agency can be ofany firtbw service, please advnm f,r""7`� DH:MWSma `The duty of the Collar County SherifYaC Mos is to preserve and proud the lives, property and constitutional guarantees of all persons." 08 4'd 90LO L99-6CZ cul'SJOR OUJOH OWE) d8t :C0 LO ZL rd0' Voice I Data I Internet I Wireless I Ditertainn"ent April 3, 2007 Mr. Gene Silguero GMC Home Builders, Inc. 1434 Botanical Dr. Inunokalee,FL 34142 Re: SEC 33 TWP A6 RNG 29 505 Madison Avenue Dear Mc Silguero, Agenda item No. 6D April 24. 2007 Page 5 of 6 �ARQ FE"n PA am 7W Nit R 300440 Ewaw. in response to your inquiry of March 30.2007, regarding the possibility of vacadw the subject casement, ttds is to advise that Embarq- Florida, Inc. bas tto objection to vacating the easeevent for this projecL If we can provide additional information, please contact me at 239 - 263 -6211. Sincerely, Ad � Deb Corbin Network Engineer II DACJbc r. cc: Chron File p4 i,,l ' Qpr 1 07 03:19p c r C N m /pV m a 0 4 C cn a �,,oz O � O u 8 rA v O 0- p U U W M GMC Homebukles,lno cc 00 m *� r S 9 S 239 -667 0708 p.6 S CO) of O v► '� O 1 I Z M w Agenda Item No. SA April 24, 2007 Page 1 of 8 EXECUTIVE SUMMARY Board Consideration of Adoption of a Proposed Ordinance Prohibiting Certain Sexual Offenders and Sexual Predators from Establishing Temporary or Permanent Residences within 2,500 feet of Specified Locations such as Parks, Schools, Daycare Centers and Playgrounds within the County and Prohibiting Property Owners from Renting and /or Leasing all or Portions of Real Property to them within the Proscribed Limits. OBJECTIVE: The Board of County Commissioners to consider the adoption of an ordinance that prohibits sexual offenders and sexual predators from residing within 2,500 feet of a school, park, playground or daycare center within Collier County and providing owner /landlord duties to prevent rentals to sexual offenders and sexual predators. CONSIDERATIONS: Upon consideration of a Public Petition agenda item 6A of January 9, 2007, the Board gave direction to the County Attorney to research and draft a proposed ordinance providing for a 2,500 foot distance radius residence prohibition applying to statutorily- defined sexual offenders and sexual predators to further provide for the public safety and welfare beyond the current statutory standard of 1,000 feet. Current Florida law, Section 794.065, Florida Statutes, restricts certain sexual offenders and sexual predators from establishing a temporary or permanent residence within 1,000 feet of specified locations such as: schools, parks, playgrounds and daycare centers. In recent legislative sessions, legislation has been introduced to the Florida Legislature which sought to amend the statute, expanding the distance to 2,500 feet and expanding the designated areas of restriction. In the current legislative session, there are two (2) Senate bills and two (2) House bills to amend the current law mentioned above. Both House bills and one of the Senate bills call for the preemption of local laws on this subject. There have been an increasing number of these types of local ordinances enacted across the country. Some have been challenged successfully, and others have been upheld. Currently, Cape Coral has such an ordinance, and Miami Beach also has one, that has been amended several times and has become quite broad in its application. To date, there have been no known legal challenges to either of these ordinances. The proposed Ordinance presented here lies somewhere in between Cape Coral's application and the broad application of Miami Beach. GROWTH MANAGEMENT IMPACT: There is no known growth management impact to the County that will result from enactment of the proposed Ordinance. FISCAL IMAPCT: There is no known fiscal impact to the County that will result from the adoption of the proposed Ordinance. Aoenda Item No. SA April 24, 2007 Paoe 2 of 8 LEGAL CONSIDERATIONS: Residence restrictions imposed upon certain sexual offenders and sexual predators have increased recently across the country. Such legislation has been upheld in the Midwest, and other legislation has been recently made temporarily unenforceable by federal courts, pending the outcome of appeals, specifically in California and Georgia. The legislation involved in these cases all was on a state level, and did not involve a municipal or county ordinance. Whereas there has been a surge of support for such laws, the legal viability of them is still in its infancy. As with all local and state restrictive laws, the more narrowly drafted the laws are, the more likely they will be upheld on a federal challenge. Conversely, the broader the law, the more likely it will be struck down. We have attempted to draft a compromise type of ordinance for the Board's consideration. Given the fact that the bills currently pending on this subject, if such measure passed by the Legislature, anything Collier County enacts could be redundant in part or in full or possibly preempted. The Board may wish to consider the results of the current legislative session as a predicate to action in this matter. RECOMMENDATION: That the Board consider the adoption of an Ordinance providing a 2,500 foot residency restriction of sexual offenders and sexual predators from schools, parks, playgrounds and daycare centers, with owner /landlord obligations. PREPARED BY: Robert N. Zachary, Assistant County Attorney 2 Agenda Item No BA Aptt124, 2007 Pay, 3 of fi COLLIER COUNTY BOARD OF COUP47Y COMMISSIONERS -^ Item Number: On Item Summary: Sheriffs Office and County Staff recommend tnat this item be continued to the May 8. 2007 BCC Meeting to finalize staff coordination Board COnsMerahina of Adoption Of a Proposed Ordinance Prohibiting Certain Sezuai Offenders and Sexual Predators from Establishing Temporary or Permanent Residences Within 2500 Feet of Specified Locations such as Perks Schools. Oevdare Centers and Playground within the County and Prohibiting Property Owners from Renting andbr Leasing all of portions of Real Property to them Wahln the Proscribed Limits. Meeting Dale: 4/2412007 9'.00'.00 AM Prepared By Robert N. Zachary Assistant County Attorney Date County Attorney County Attorney OBlte 411212007 4:12:23 PM Approved By David C. Weigel County Attorney Date County Attorney Court, Attorney Office 411212007 4:36 PM .Approved By DIMS Cabounamr, Adminislrahve Assistant Date County Mananers Office of icc of Management Y Sadder 4/1312001 9.32 AM Approved By Mark lstnl, B:mOet Anmysl Dam t)M1.enaoer=OfOce Dff co of rylo apanen. &S,n,d. < 320 ._....rPM Approved By tamest/ n1n, .,!dtr A'i ana uer Datc S.Ola et .,.mt, .,runty R..... rOffce + J:2�C.,F PM Agenda Item No. 8A April 24. 2007 Page 4 of 8 ORDINANCE NO. 2007- AN ORDINANCE OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS PROHIBITING CERTAIN SEXUAL OFFENDERS AND SEXUAL PREDATORS FROM ESTABLISHING TEMPORARY OR PERMANENT RESIDENCES WITHIN 2,500 FEET OF SPECIFIED LOCATIONS WITHIN THE COUNTY, PROHIBITING PROPERTY OWNERS FROM RENTING AND /OR LEASING ALL OR PORTIONS OF REAL PROPERTY TO CERTAIN SEXUAL OFFENDERS AND SEXUAL PREDATORS WITHIN 2,500 FEET OF SPECIFIED LOCATIONS WITHIN THE COUNTY, PROHIBITING CERTAIN SEXUAL OFFENDERS AND SEXUAL PREDATORS FROM ENTERING PUBLIC PARKS, SCHOOLS OR DAY CARE CENTERS UNDER CERTAIN CIRCUMSTANCES, PROVIDING FOR EXCEPTIONS TO THE STANDARDS SET, PROVIDING FOR THE SPECIFIC APPLICABILITY IN UNINCORPORATED AND INCORPORATED COLLIER COUNTY, PROVIDING FOR PENALITIES, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners is concerned for the welfare of the children of the citizens of Collier County, and WHEREAS, there has been public concern expressed to the Board of County Commissioners relative to the potential danger of convicted sexual offenders and sexual predators, who are released from custody, to the children of Collier Counts. and WHEREAS, repeat sexual offender, sexual offenders that use physical violence. and sexual offenders that prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likelv to use physical violence and to repeat their offenses. and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant, and WHEREAS, it is the intent of this Article to serve the County's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the entire County by creating areas around certain locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence, and WHEREAS, the Board of County Commissioners wishes to establish a policy, county- wide, regulating and restricting the residency of conN icted sexual offenders and sexual predators, limiting their access to children, in an effort to promote, protect, and improve the health, safety and welfare of the citizens of Collier County, county -wide, and to protect the children of Collier County from potential sexual abuse by convicted sexual offenders and sexual predators. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF COLLIER COUNT)', FLORIDA: THAT, the above and foregoing recitals of legislative intent and findings be incorporated herein as part of this Ordinance, and THAT, it is the intention of the Board of County Commissioners that the provisions of this Ordinance shall become and made a part of the Code of Laws and Ordinances of Collier County, Florida; that the sections of this Ordinance may be renumbered or re- lettered to accomplish such intention; and that the word Ordinance shall be changed to Section or other appropriate word to conform with the Code of Laws and Ordinances, and shall be as follows: Agenda Item No. 8A April 24, 2007 Page 5 of 8 SEXUAL OFFENDERS AND SEXUAL PREDATORS See. 1. Findings and Intent. (a) Repeat sexual offenders, sexual offenders that use physical violence and sexual offenders that prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders are extremely likely to use physical violence and to repeat their offenses, and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant. (b) It is the intent of this Article to serve the County's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the County, in unincorporated areas as well as incorporated areas, by creating areas around certain locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence. (c) It is the intention of this Article to be regulatory in nature and non- punitive, relating to the purpose of promoting, protecting and improving the health, safety and welfare of all the citizens of Collier County and to protect the children of Collier County from potential sexual abuse by convicted sexual offenders and sexual predators. Sec. 2. Applicability. This Article shall apply to incorporated as well as unincorporated areas of Collier County. Sec. 3. Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Permanent Residence means a place where the person abides, lodges, or resides for 14 or more consecutive days. Temporary residence means a place where the person abides, lodges, or resides for a period of 14 or more days in the aggregate during any calendar year and which is not the person's permanent address, or a place where the person routinely abides, lodges, or resides for a period of four (4) or more consecutive or non - consecutive days in any month and which is not the person's permanent residence. Park means an area of land set aside for public use or maintained for public recreational and ornamental purposes, usually consisting of grass, tree, paths, sports fields, playgrounds, picnic area and/or other features for amusement and relaxation. Child, for purposes of this Ordinance, shall mean a person under the age of sixteen (16) years. Sec. 4. Sexual offender and sexual predator residence prohibition; penalties; exceptions. (a) Prohibited location of residence. It is unlawful for any person who has been convicted of a violation of Fla. Star. See. 794.011, 800.04, 827.071, or 847.0145, or convicted of any felony sexual offense in any state in the United States, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, as that term was applied and used by the state in which the person was convicted, to establish a permanent residence or temporary residence within 2,500 feet of any school, day care center, park, or playground. (b) This subsection applies to any person convicted of an offense described in subparagraph (a) which occurs on or after May 1, 2007. Agenda Item No. 8A April 24. 2007 Page 6 of 8 (c) Measurement of distance. For purposes of determining the minimum distance separation required under this section, the requirement shall be measured by following the shortest straight line from the outer property line of the permanent residence or temporary residence to the nearest outer property line of a school, day care center, park, or playground without regard to any intervening structures or objects. Without otherwise limiting the foregoing measurement instructions, if the residential dwelling unit of the restricted sexual offender is within a cooperative, condominium, or apartment building, the parcel of real property described in this paragraph consists of the parcel of real property upon which the cooperative, condominium, or apartment building that contains the residential dwelling unit of the restricted sexual offender is located. (d) Penalties. A person who violates this section shall be punished by a fine not exceeding $500.00 or by imprisonment for a term not exceeding 60 days in the County Jail, or by both such fine and imprisonment, in accordance with Fla. Stat. Ch. 125.01 (t) and Ch.125.69 (1). (e) Exceptions. A person who resides within 2,500 feet of any school, day care center, park, or playground does not commit a violation of this section if any of the following apply: I ) The person had established a permanent residence, or a temporary residence. and reported and registered the residence pursuant to Fla. Stat. Sec. 775.21, 943.0435 or 944.607 prior to April 1, 2007. (2) The person was a minor when he/she committed the offense and was not convicted as an adult. (3) "Fhe person is a minor. (4) The school, park, playground or day care center within 2,500 feet of the person's permanent residence, or temporary residence, was opened after the person established the permanent residence or temporary residence and reported and registered the residence pursuant to Fla. Stat. Sec. 775.21, 943.0435, or 944.607. See. 5. Property owners prohibited from renting real property to certain sexual offenders and sexual predators; penalties. (a) It is unlawful to knowingly let or rent any place, structure, or part thereof, trailer or other conveyance, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing such permanent residence or temporary residence, pursuant to Section 4 (a) hereinabove, if such place, structure, or part thereof, trailer or other conveyance is located within 2,500 feet of any school, day care center, park, or playground. (b) A property owner's failure to knowingly comply with provisions of this section shall constitute a violation of this section, and commits a misdemeanor of the second degree, and is punishable as provided by Fla. Stat. Sec. 775.082 (5), or 775.083 (e). (c) It shall be a defense to any alleged violation of this section by a property owner that, prior to rental or lease, he or she used reasonable due diligence and was unable to determine that a prospective tenant of the subject unit or property was a restricted sexual offender or sexual predator intending to occupy the unit or property, and therefore rea.sonabli believed that the prospective tenant was not a sexual offender or sexual predator. Reasonable due diligence shall be defined as that action a property owner should have taken knowing that the Florida Department of law Enforcement (FDLE) has put into place a toll -free telephone number to call and inquire as to whether an individual appears as a registered sexual offender or sexual predator in the State of Florida, and knowing that both the FDLE and the Sheriff of Collier County has put into place web -sites available to the general public whereby one may easily inquire as to whether an individual is a registered sexual offender or sexual predator. Agenda Item No. SA April 24, 2007 Page 7 of 8 Sec. 6. Access to Schools, parks, or child care facilities. (a) It is unlawful for any person who has been convicted of a violation of Fla. Stat. Sec. 794.011, 800.04, 827.071, or 847.0145, or convicted of any felony sexual offense in any state in the United States, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, as that term was applied and used by the state in which the person was convicted, to knowingly be present in a public school, or park, when a child(ren) under the age of 16 years is present in that school or park, unless the restricted person is a custodial parent or custodial legal guardian of a child present in that school or park. (b) There shall be placed signage at the entrance of each park that includes notification that a sexual offender andior a sexual predator as defined hereunder shall not be present in the park if a child under the age of 16 years is present, unless the restricted person is the custodial parent or custodial legal guardian of a child present in the park. (c) It is unlawful for any person who has been convicted of a violation of Fla. Star. Sec. 794.011, 800.04, 827.071, or 847.0145, or convicted of any felony sexual offense in any state in the United States, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, as that term was applied and used by the state in which the person was convicted, to knowingly enter and remain in a child care facility or on its premises unless the restricted person: (1) is dropping off or picking up a child registered at the facility and the restricted person is a custodial parent or custodial legal guardian of that child; (2) remains under the supervision of a facility supervisor or his or her designee while on the facility premises. (d) Penalties. A person who violates this section shall be punished by a fine not exceeding 5500.00 or by imprisonment for a term not exceeding 60 days in the County Jail, or by both such fine and imprisonment in accordance with Fa. Srat. Ch. 125.01 (t) and Ch.] 25.69 (1). Sec. 7. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause, phrase or part of this Ordinance shall, for any reason, be held invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or subsections, sentences, clauses and phrases of this Ordinance, but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Sec. 8. Inclusion in the Code of Laws and Ordinances. It is the intention of the Board of County Commissioners, and it is hereby ordained, that the provisions of this Ordinance shall become and made a part of the Code of Laws and Ordinances of Collier County, Florida: that the sections of this Ordinance may be renumbered or re- lettered to accomplish such intention; and that the word Ordinance shall be changed o Section or other appropriate word. Sec. 9. Repeal. All ordinances or parts of ordinances in conflict herewith, or inconsistent herewith, are hereby repealed, but only insofar as such ordinances may be inconsistent or in conflict with this Ordinance. Sec. 10. Effective Date. This Ordinance shall become effective on May 1, 2007. Agenda Item No 8A April 24. 2007 Page 8 of 8 This Ordinance adopted this day of , 2007 after motion, second and majority vote favoring the same. BOARD OF COUNTY COMMISSIONERS BY ATTEST: DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk Approved as to form and Legal sufficiency: Robert N. Zachary, Esq. Assistant County Attorney JAMES COLETTA, CHAIRMAN Agenda Item No. 9A April 24, 2007 EXECUTIVE SUMMARY Page 1 of 21 APPOINTMENT OF MEMBER(S) TO THE ENVIRONMENTAL ADVISORY COUNCIL OBJECTIVE: To appoint 1 member to serve as a Technical Alternate, with the term expiring on April 13, 2011; 1 member to fulfill the remainder of a vacant term as a Technical Member, expiring on April 13, 2009, and re- appoint 2 members (1 Technical Member and 1 Non - Technical Member) to 4 year terms, expiring on April 13, 2011, to the Environmental Advisory Council (EAC). CONSIDERATIONS: The Environmental Advisory Council has several openings. This 9 member (plus 2 alternate members) 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 10.02.02 A of the Code, all developments of regional impact (DRI), lands with special treatment (ST) or Area of Critical State Concern/ Special Treatment zoning overlays, areas of the 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, and 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. Alternate EAC members will be requested to attend meetings when regular EAC members have notified staff that they will be absent. Alternate members will participate in discussions and vote when replacing a regular member. Alternate members must be technical members that can demonstrate expertise in environmental protection and natural resource management. Terms are 4 years. A list of the current membership is included in the backup. The terms for William W. Hughes (Technical) and Michael V. Sorrell (Non - Technical) will expire on April 13, 2007. Mr. Terrence Scott Dolan (Technical) resigned on March 21, 2007. On December 14, 2006 the Board of County Commissioners adopted Ordinance No. 2006 -63 adding 2 Alternate positions. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Llewellyn Williams I Technical 3 Yes None David Bishof Technical 2 Yes Lake Trafford Restoration Comm Mike Sorrell - reappt Non - Technical _5 Yes EAC - William Hughes- reappt I Technical 4 Yes EAC ATTENDANCE: Mike Sorrell — 19 meetings: I unexcused and 3 excused William Hughes — 19 meetings: Perfect Attendance COMMITTEE RECOMMENDATION: Quasi - Judicial — no recommendation Aoenda Item No. 9A April 24, 2007 Page 2 of 21 FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests 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 24, 2007 Fgenda Item % 9A April 24. 2007 Fage 3 31 21 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: =A Item Summary: /,,nt nent of mam0er5 to In. Enveonmentel Advtsoly Council Meeting Date: 4124/2037 9 90.00 AM Prepared By Sue Filson Executive Manager to the BCC Date Boom of County 31221200] 10:44:26 AM Commissloners BCC OfFice Approved By James V. Mudd County Manager Date Board of County County ManageYS Office 4l16 /200 >4:05 PM Commissioners Agenda Item No. 9A Apri! 24, 2007 Paae 4 of 21 Memorandum To: Sue Filson, Executive Manager, BCC From: Summer Araque, Senior Environmental Specialist - Environmental Services Department Cc: Barbara Burgeson and Susan Mason, Environmental Services Dept. Date: March 26, 2007 Subject: EAC applications Environmental staff has reviewed four applications for the vacant EAC positions. The following applicants are proposed to fill three (3) full time vacancies and one (1) alternate position. The alternate position is required to be technical, and therefore non- technical applicants shall not be appointed to this position. Two of the applicants, William Hughes and Mike Sorrell, are current members. Llewellyn Williams, Ph.D. is a qualified technical applicant. Currently serves as a consultant to the U.S. EPA. He has a Bachelor's degree in Zoology (minor in Chemistry) from Drew University. He also has a Doctor of Philosophy in Aquatic Ecology from Rutgers University. Dr. Williams had a 28 year career with the U.S. EPA as a senior scientist in areas of eutrophication, biological method development, quality assurance, environmental measurement and monitoring. He also has over 100 peer- reviewed publications in the areas of eutrophication and nutrient dynamics, environmental measurement technology, and sampling design. Dr. Williams has had Instructor and Professor level academic positions at Rutgers University, Fordham University, and University of Nevada teaching environmental science, limnology, phycology, and ecology. Since retirement, Dr. Williams has run workshops for the Director General of the Environment in Malaysia. He has lived in Collier County for 3 years and is currently involved in the community as a docent at the Nature Discovery Center and as an independent scientific contributor to the Gulf of Mexico Alliance. William Hughes (current member seeking a second term) is a qualified technical applicant. Mr. Hughes currently serves as the Chairperson of the Environmental Advisory Council. He has over 25 years of experience in the field of water treatment and hazardous waste. Mr. Hughes has an Associate in Applied Science Degree in Agricultural Engineering from SUNY, University of Georgia. Environmental Services Department Community Development & Environmental Services Division Agenda Item No. 9A April 24, 2007 Page 5 of 21 Mike Sorrell (current member seeking a second term) is a qualified non - technical candidate. Mr. Sorrell is currently a member of the EAC in good standing. He has over 20 years experience in lawn care and landscaping industry. Mr. Sorrell is self - employed, has his certification as a Master Gardner, and has lived in Collier County over 20 years. David Bishof is a qualified technical applicant. Mr. Bishof currently works as an Environmental Consultant for Consul -Tech Development Services that submit projects to CDES on a regular basis. Mr. Bishof will have to excuse himself from participating in any manner (including presenting, participating in the discussion and voting) on projects submitted by Consul -Tech. Mr. Bishof has over 30 years experience as an environmental biologist performing habitat assessments, habitat restoration, impact assessment, wildlife surveys, water quality studies, environmental rule development, and environmental monitoring. Mr. Bishof has a Bachelor of Science in Biology from Florida State University and a Master of Science in Marine Science from the University of South Florida. He is also a Certified Professional Wetland Scientist. Cali me at 530 -6290 if you have any questions. Please call Susan Mason if you have questions March 27 —April 15 as I will be on vacation. Thank you very much. Environmental Services Department Community Development & Environmental Services Division Agenda Item No. 9A April 24, 2007 Page n of 21 Environmental Advisory Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -apps 2ndEVDate 2nd Term Mr. Richard W. Miller 03/13/07 04/13/10 3 Years 6067 Fairway Court 594 -8640 Naples, FL 34110 E -Mail: RWMCnsltg @aol.com District: 2 Category: Technical - Science; engineering geology Ms. Judith M. Hushon 04/13/04 1659 Chinaberry Court 643 -6222 Naples, FL 34105 EMail., judyhushon@aol.com District. 4 Category: Technical - Biology Mr. Nick Penniman 04/12/05 611 Portside Drive 261 -7292 Naples, FL 34103 E -Mail. ngpn @aol.com District. 4 Category: Technical - Environmental Mr. William W. Hill 11/29/05 5928 Cranbrook Way, D205 774 -4412 Naples, FL 34112 E Mail: billhill44 @aol.com District: I Category: Technical - Professional Engineer Mr. Roger Jacobsen 146 San Salvador Street Naples, FL 34113 E -Mail: rjacobsen@naplesgovxom District: I Category: Non - Technical 213 -7121 01/09/07 642 -9618 04/13/08 04/13/09 04/13/10 04/13/11 4 Years 4 Years 4+ Years 4 Years `__' Wednesday, March 14 2007 Pagel of Agenda Item No. 9A April 24, 2007 Page 7 of 21 Environmental Advisory Council Work Phone Appt'd Exp. Date Term Name Home Phone DateRe -apps 2ndExpDate 2nd Term Mr. William W. Hughes 435 -1188 04/13/03 04/13/07 4 Years 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 q 498 -8533 ! 06/14/05 04/13/09 4 Years 581 19th Street N_W. 4,VPN.0 455 -5777 Naples, FL 34120 3 E -Mail: terreydolan@wcicommunities.com District: 3 Category: Technical -Land Use Planning Mr. Michael V. Sorrell 353 -5932 2335Wilson Boulevard, N. 571-7781 Naples, FL 34120 E -Mail: www.colliersportsman@hotmail.com District. 5 Category: Non - Technical - Owner Lawn Service 06/11/02 04/13/03 04/13/03 04/13/07 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 Wednesday, March 14 2007 Page 2 of 04/13/08 10 Mos. 4 Years 3 Years v Agenda Item No. 9A April 24, 2007 Page 8 of 21 Environmental Advisory Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term 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 10.02.02 A of the Code, all developments of regional impact (DRI), lands with special treatment (ST) or Area of Critical State Concern/ 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. On December 14, 2006, the BCC approved Ord. No. 2006 -63 adding 2 Alternate positions to the EAC. Alternate members will participate in discussions and vote when replacing a regular member. Alternate members must be technical members that can demonstrate expertise in environmental protection and natural resource management. Terms are 4 years. FL STAT. Staff: Summer B. Araque, Senior Environmental Specialist: 530-6290 _�A °'..:'^_.- �•.5• C - -- Wednesday, March 14,100 - Page 3 of £Ison_s " -rom: masons .lent: Tuesday, April 03, 2007 7:22 AM To: filson_s Subject: EAC attendance Attachments: EAC Attendance_xls Page 1 of 1 Agenda Item No. 9A April 24. 2007 Page 9 of 21 Here is spread sheet showing the EAC attendance from 2005 to present. Is there anything else you need? Bill Hughes has perfect attendance and Mike had 1 unexcused, 3 excused absences. Thanks Susan Mason Principal Environmental Specialist Collier County Environmental Services Department 2800 North Horseshoe Drive Naples, FL 34104 239 - 213 -2987 Fax: 239- 530 -6718 4/3/2007 I' Agenda Item No. 9A April 24, 2007 Paae 10 of 21 Environmental Advisory Attendance Record a0O7 P = Present E = Absent/Excused A = Absent/ Not Excused R = Resignedl NQ = No Quorum I Members = 9. 5 are required for a quonan. ®■00000■o ©o� ®o ©000�■000 ®000000■000 P = Present E = Absent/Excused A = Absent/ Not Excused R = Resignedl NQ = No Quorum I Members = 9. 5 are required for a quonan. ��� tyj O N O.- v O S �N� � - � = am m¢a C N m d � O N oN o F N m —ate rya c m m C U O U T O m G O iw 1: W 0 v � VJ N B m 0. @I 91 II B II 91 it 19 m 0. Agenda Item No. 9A April 24, 2007 Page 13 of 21 MEMORANDUM DATE: March 2, 2007 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commissioners 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. ENVIRONMENTAL ADVISORY COUNCIL David Bishof 9672 Litchfield Lane Naples, FL 34109 Mike Sorrell 2335 Wilson Boulevard, N.E:�t Naples, FL 34120 William Hughes 4501 Rosea Court Naples, FL 34104 Thank you for your help. COMMISSION DISTRICT 4 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8097 Fax: (239) 774-3602 Agenda tTn No. 9A fA Prl Z4. 2007 1 Application for Advisory Committees/Boards Name:_Llewellyn Williams, Home Phone: 239 -592 -9852 Home Address:3824 Jasmine Lake Ct Zip Code:-34119 Fax No _592 -9852_ Business Phone:_ e-mail address: ve¢asllewell ancomcast.net Place of Employment:–Retired Board or Committee Applied for:—Environmental Advisory Committee Category (if applicable):_Retired Science Advisor, U.S. Environmental Protection Agency_ Example: Commission District, Developer, envirunmentalisq lay person, ere. How long have you lived in Collier County: Years_2 Months 8 Are you a registered voter in Collier County: Yes_x No _ Do you currently hold public office? Yes No x If so, what is that office? Have you ever been convicted of any offense against the Law? Yes No –If yes;-explain: Do you now serve, or have you ever served, on a Collier County board or committee? yes No a If yes, please list the committeesfboards: Please fist your community activities (civic clubs, neighborhood associations, etc. and positions held:_ Serve on the Board of Directors of the Naples Fishing Club, Docent to the Nature Discovery Center, Independent scientific contributor to Gulf of Mexico Alliance, Education:—Degrees: Drew University – Bachelor's degree in Zoology (minor in chemistry); Rutgers University – Doctor of Philosophy (aquatic ecology) Experience: -28 -year career with the U.S. EPA as a senior scientist in areas of eutrophication, biological method development, quality assurance, environmental measurement and monitoring; Science Advisor to the Director of U.S. EPA's National Monitoring Laboratory; Instructor- and Professor -level academic positions at Rutgers University, Fordham University, and University of Nevada -Las Vegas teaching environmental science, limnology, phycology and ecology. Over 100 peer - reviewed publications in the areas of eutrophication and nutrient dynamics, environmental measurement technology, sampling design. Since retirement – Have run multiple workshops for the Director General of the Environment, Malaysia; serve as a consultant to the U.S EPA. Please aaach any adjimonal infornmafionyau fedperBnent This application should bejora a ,kd w Sue Fdso x Execvtivc Manager to the Roard ofCounly Commissioners, 3301 East Tomioml Trm{ Naples, FL 34112 lfyou a isk, pleasejazyour applWAnion to (239) 774 -3602 or e-mail to sue!lsonfa)en![iernov net Thank you jor volunteering to serve the citizens of Colter County. Agenda Item No. 9A April 24, 2007 MEMORANDUM Page 15 of 21 DATE: March 2, 2007 TO: Summer B. Araque, Senior Envir ntal Specialist FROM: Sue Filson, Executive Manager { Board of County Commission , RE: Environmental Advisory Council 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: David Bishof 9672 Litchfield Lane Naples, FL 34109 Mike Sorrell 2335 Wilson Boulevard, N. Naples, FL 34120 William Hughes 4501 Rosea Court Naples, FL 34104 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 Advisory Board Application • filson_s From: dbishof @cte.cc Sent: Wednesday, February 21, 2007 8:09 AM To: filson s Subject: New On -line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774 -8999 Application was received on: 2/21/2007 8:08:46 AM. Name: avid Bisho Home Phone: 39 566 1251 Home Address: 672 Litchfield Lan City: ale Zip Code: 34109 • Phone Numbers Fax: 39 947 13231 Business: 0-9--3-4-0-05-9-31 0593 e -Mail Address: bishofmcte.c Work Place: onsul -Tech Develol2ment Service How long have you lived in Collier County: ®1 Have you ever been convicted of any offense against the law? Are you a registered voter in Collier County? 0 Board / Committee Applied for: JEnvirontnental AT-- Counci Category: echnic Page 1 of 2 Agenda Item No. 9A April 24, 2007 Page 16 of 21 Do you currently hold public ofWiice? ake Trafford Restoration Task Fore • Do you currently or ever served on a Collier County Board or Committee? Ye Please list your community activities: 2/21/2007 0 1l Advisory Board Application Page 2 of 2 Agenda Item No. 9A April 24. 2007 Paae 17 of 21 Member of the National Association of Environmental Professionals and the Society of Wetland Scientist Education: Bachelor of Science, Biology, Florida State University Master of Science, Marine Science University of South Florida Ex rience- have over 30 years of experience as an environmental biologist performing habits assessments, habitat restoration, impact assessment, wildlife surveys, water quality studies, environmental rule development and environmental monitoring. Certified Professional Wetland Scientist 2/21/2007 Feb '9 07 10:03a Tax Time,'nc. • • 239 - 353 -5932 p.1 Agenda Item No. 9A April 24. 2007 Page 1E of 21 Board of County Commissioners _ 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -809i Fax: (39) 774 -360'_ '� Application for Advisory Committees /Boards Name: r 1 - =G1 C Home Phone: o;7 ;- 5 :/ j 7 7r1 Home Address: x335 /?c e y /Y Zip Code: 3'WOO Fax No.J34 3.Y3 s "'i. a- Business Phone: p?3 ° 5 i; '77j-(/ e-mail address: Place of Employment: .SCE r G m Ar Dyt %) Board or Committee Applied for. n v , _Sr_ I-, U Category (if applicable;: Esampic Commission Distrie4 De+'ebPar, lay person. ete. How long have you lived in Collier County: Yeats e% VJ Months Are you a registered voter in Collier County: Ycs___No Do you currently hold public office? Yes o No If so, what is that office:' G , /B rc v '� <: * a -.a -ri n Have you ever been convicted of any offense against the Law? Yes No X If yes, explain: Do you now ii or have you ever served, on a Collier County board or cononittees 1'es _�� \o tryes, please List the commltteeslboards: r__fa r''SQiI ;> Please list your community activities (civic clubs, neighborhood asSOeia[iORS, etc. and positions held: C- ti r &2erztl /h ar6h7f fif'lFaos o� failai�b - -e,. Education: �il/5 ?E�' Cf=C D LE7 Experience: 0 F-A,) j, Pimeanaahaly additional in*nawlonysafxlpmj.t Tik epplavti en aoorLd ueJarwnrded <n ,iue Pifaon, Etegaire ,Naaare-fo the Road ofCouas p Cna.injonrn, 3301 Pone To..iani 7hrit, Naples, FL 34117. lryou wish, p/easeJar vow application to ( 239 / ??L3607 or a-mail ro aorT/sswdcnt7rureo�:u<:'. nanR yea for velunlcering to serve the chitesn ofColGev Coaa!v. Page 1 of 3 Agenda Item No. 9A April 24, 2007 Page 19 of 21 filson_s From: Yvonne Hughes [YvonneHughes @comcast.net] Sent: Friday, March 02, 2007 10:57 AM To: filson_s Cc: yvonnehughes @comcast.net Subject: ENVIRONMENTAL ADVISORY COUNCIL REAPPIONMENT Advisory Board Application Please fill out the following form to apply for a Collier County Board / Committee. Once you have filled out all the necessary fields, click the button below. Name: William Hughes Please type your name as it appears on your voters registration Home Address: 4501 Rosea Ct. City Naples Zip Code 34104 Home Phone Business Phone Fax: 239 - 435 -3923 239 - 989 -9590 Imhor:mt: E -mail address is required to receive a copy of your application. Email Address: YvonneHughes @comcast.net Place of Employment: Hughes Video Productions How long have you lived in Collier County: 5 -10 YEARS Have you been convicted of any offense against the law? no Are you a registered voter in Collier County? yes Board or Committee Applied for: 3/2/2007 Page 2 of 3 Agenda Item No. 9A April 24 2007 Paae 20 of 21 ENVIRONMENTAL ADVISORY COUNCIL Categor} (if Applicable) Technical i.e.. Commission District. Developer Environmentalist, Citizen At- [,aree, etc. Do you currently hold public office? YES What ofllec do von hold? Chair Environmental Advisory Council Do you now serve, or have you ever served on a Collier County board or committee? YES If yes, please list the boards / committees: ENVIRONMENTAL ADVISORY COUNCIL Please list your community activities and positions held: Honorary Member Marco Island Historical Society Example: ( iN is clubs, neiphhorhood associations, etc, Education: AAS Agricultural Eng. @SUNY MORRISVILLE, U.of Ga., SUNY Enviromental & Forestry Professional Certifications of my career Waste water treatment Boiler Waer Treatment Cooling systems Water treatment Watersofting Water Filtration DeIonization Reverseosmosis Chemical Water Treatment Experience / Background 3/2/2007 Page 3 of 3 Agenda Item No. 9A April 24, 2007 Page 21 of 21 I have over 25 years experience in the water related technologies. In the past I have been charged with the responsibility for some of americas largest industrial sites in all phases water resources. I also have 4 years experience pertaining to Collier Counties Enviromental Resources and proceses. 3/2/2007 Anenda Item No. 9B April 24, 2007 EXECUTIVE SUMMARY Page 1 of 26 APPOINTMENT OF MEMBER(S) TO THE BAYSHORE /GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISORY BOARD OBJECTIVE: To appoint 5 members to serve 2 year terms, commencing on May 22, 2007 and expiring on May 22, 2009, 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 following professions: finance, banking, architecture, engineering, education, law enforcement, social work, real estate sales and development, planning or design and building construction. Terns are 2 years. A list of the current membership is included in the backup. The terms for Stephen C. Main, Bill L. Neal, Ronald A. Fowle, Lindsey James Thomas, and Rodney J. Garner will expire on May 22, 2007. A press release was issued and resumes were received from the following 10 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Derek Chorlton At -Large 2 Yes None David Woodworth At -Large 4 Yes None Jill M. Bam, At -Large 4 Yes None Maurice Gutierrez MSTU 4 Yes Bayshore Beautification Comm Cecilia C. Del Prado At -Large 4 Yes None Ronald A. Fowle - reappt Tamiami Trail Business Owner 3 Yes Bayshore /Gateway Committee Lindsey L Thomas-reap pt Davis Blvd Business Owner 4 Yes Bayshore /Gateway Committee Stephen C. Main - reappt Bayshore Business Owner 3 Yes Bayshore /Gateway Committee Christy Carlson At -Large 4 Yes None Jay Miller At -Large 4 Yes None ATTENDANCE: Lindsey Thomas: 12 meetings — attended 12 meetings Ronald Fowle: 27 meetings — attended 27 meetings Steven Main: 22 meetings — attended 21 meetings Maurice Gutierrez — new appointment Lindsey Thomas — re- appointment Ronald Fowle — re- appointment /waive 2 term limit Steven Main — re- appointment Jill Barry — new appointment Agenda Item No. 9B April 24, 2007 NOTE: Section Seven (B) of Ordinance 2001 -55 states "Terms of office for Board memb@oIe 2 of 26 shall be limited to two consecutive terms of service on any one 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, Ronald A. Fowle has served 2 or more terms. Should the Board wish to re- appoint Mr. Fowle, the limitations on two consecutive terms will need to be waived. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 5 members with the terms commencing on May 22, 2007, 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 24, 2007 .4aench Item `X.OB ADni 24. 2007 P.gt: 3 0l 26 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 9B AppoutllTfni nt m,rndn, w the BdyShoYereieW ay Tneogle LP:3 Redevelopment Advieory Item summary) [3nard Meeting Date: 412412007 9.00:00 AM Prepared By Sue Filson Executive Manager to the BCC Date Board of County BCC Office 3I2212007 1 tr.44.26 AM Commissioners Approved By James V. Mudd County Manager Date Board of County County ManageYS Office 4/14/2007 10 :41 AM Commissioners CRA Board Commissioner James N. Colette Commissioner Fred W. Coyle Commissioner Donna Fiala Commissioner Frank Hales Commissioner Tom Henning Advisory Board Lindsey Thomas Chairman Karen Beatty Ron Fowle Rod Gamer Chuck Gunther Steve Main William Mears Bill Neal Bruce Preble CRA stall David L. Jackson Executive Director Jean Jourdan Project Manager Agenda Item No. 96 P 2 , THE BAYSHORE /GATEWAY TRIANGLE, REDEVELOPMENT AREA?ru 24. 00 age 4of26 C OMMUNITY REDEVELOPMENT AGENCY 2740 BAYSHORE DRIVE UNIT 17 NAPLES, FL 34112 PHONE 239.643.1115 FAX 239.775.4456 April 3, 2007 Memorandum TO: Collier County CRA Board SUBJECT: Appointments The Bayshore /Gateway Triangle CPA Local Advisory Board met Tuesday April 3, 2007 and conducted applicant interviews. The Advisory Board recommends approval of the following persons for appointment to the Bayshore Gateway Triangle Local Advisory Board in the following categories: NAME Maurice Gutierrez Lindsey Thomas * *Ronald Fowle Steven Main Jill Barry ** Mr. Fowle was CATEGORY M STU Davis Blvd Business Owner Tamiami Trail Business Owner Bayshore Drive Business Owner At Large the only applicant for his category Applicants not selected: NAME CATEGORY Christy Carlson At Large Jay Miller At Large David Woodworth At Large *Derek Chorlton At Large *Cecilia Del Prado At Large *Did not attend interview session Respectfully submitted for the Advisory Board, / /S // David Jackson Executive Director;' THE BAYSHORE /GATEWAY TRIANGLE REDEVELOPMENT AGENCY 2740 BAYSHORE DRIVE UNIT 17 NAPLES, FL 34112 PHONE 239.643.1115 FACSIMILE 239 775 4456 �o V 0 O T � C N N = D. m< a c m m Q U I U U oIa�a a s CL _1 a W' Q'a'W Q a aia'a Q O o � - ���a''� w� >I 0 z aJ: iswaa; o - r -- �I I o a'alala al_ialQ. o aia a J a a wlaia o I a a l )� aai a aa aaa as i - �'laawc.aawl�a� pLtLCLa''a aaalial Q Ia a,aICL!,a.ilala'a.i a Ala CL aIia ,CL �a w CL (L aI Tc - alma a''a a �iaa aia'aII�J,a'ai a vl l'a @ a a',a g ¢ ¢'a mlw a'n a'a a aww �� -- u, + W a�!a- -_W� 21 - - l I 0-! CL: w' Q,a,a'!a�a a J�a a Q J gala alw aa'a Q'aa 0. (L a a a�a� ¢ a�a: t0 ` a a�a'a ¢ Q CL ��� aa— a CL (L a www i�aaalJaawaw J _ r � I a', a_,a_!a!a_'al� a s a a)aaaa aa,a aI'aaiala _ o! LL , �� a u LL a; �_L aft 7 a�a - n aiaia iQ'a CLCC( a s a a a T III cl cl 3 a'a'a CL J CL 2 J3 _ -,. _ r�aaaaaJ,aa Nasaa ;Jaa al oaas3��'aia. Iol N N.- a_ ��`�- - - - -- D 16i N_ C ..L.� i— E O. Elio'3IEIcFUI� m rni iE,m3.Eic�Uim!m o� 16 J,N m 3 ��'._ 7':ELN mmlo,� SIN E'er NL MIT O,f6 7 t6 U,N'N N f6 N O't6i7 16 Zlfl]ILL!C9 (7 rL l�'�IZ J 'A oi(D 2 � Z!1 -' iNl OIl6l mllL �l:> �j�IZ H a Agenda Item No. 9B April 24, 2007 Page 6 of 26 Bayshore /Gateway Triangle Local Redevelopment Advisory Board Name Work Phone Home Phone Appt'd DateRe -apps Exp. Date 2ndExpDate Term 2nd Term Ms. Karen L. Beatty 261 -2244 09/21/04 05/22/06 2 Years 3113 Basin Street 775 -5385 04/25/06 05/22/08 2 Years Naples, FL 34112 District. 4 E -Mail• klbeatty48@aol.com Mr. Stephen C. Main 774 -0222 District. 4 05/22/07 2 Years 15 Newbury PI 455 -2459 Category: Bayshore Resident Naples, FL 34104 Mr. Charles H. Gunther 774 -6662 04/30/02 05/22/04 2 Years 2448 Bayside Street 774 -6662 04/25/06 05/22/08 2 Years Naples, FL 34112 E-Mail. FLGunther @comcast.net District: I Category: Gateway Resident/Business Mr. William C. Mears 04/30/02 05/22/04 2 Years 3804 Clipper Cove Drive 774 -7747 04/25/06 05/22/08 2 Years —= Naples, FL 34112 E -Mail: wcmearsl @comcast.net District. 4 Category: Bayshore Resident/At Large Mr. Stephen C. Main 774 -0222 05/24/05 05/22/07 2 Years 15 Newbury PI 455 -2459 Naples, FL 34104 E -Mail: gsmservice @earthlink.net District: 3 Category: Bayshore Business Mr. Bill L. Neal 05/22/01 05/22/03 2 Years 4800 Yacht Harbor Drive, #822 774 -6325 05/24/05 05/22/07 2 Years Naples, FL 34112 E -Mail: District: 4 Category: MSTU Member // Friday January 26 1007 Page 7 of Agenda Item No. 9B April 24, 2007 Page 7 of 20 Bayshore /Gateway Triangle Local Redevelopment Advisory Board Work Phone Appi'd Exp. Date Term Name Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. Ronald A. Fowle 774 -4400 06/26/01 05/22/03 2 Years k \ 2595 E. Tamiami Trail 05/24/05 05/22/07 2 Years ✓ Naples, FL 34112 E -Mail: ronkybrie@aol.com District: 1 Category: Tamiami Trail Business Owner Mr. Bruce S. Prelble 4703 Lighthouse Lane Naples, FL 34112 E -Mail: brucep @weishfl.com District. 5 Category: At -Large Mr. Lindsey James Thomas 1925 Sixth Street South Naples, FL 34102 E -Mail: volant @sprintmail.com District: 4 Category: Davis Boulevard Area Mr. Rodney J. Garner 3024 Round Table Court Naples, FL 34112 E Mail: District. I Category: At -Large 261 -4744 01/23/07 05/22/09 2 Years 537 -5299 254 -8822 04/25/06 05/22/07 1 Year .-A, 261 -4033 775 -7637 01111105 05/22/05 4 mo. 643 -1007 01111105 05/22/07 2 Years �•..• .3V':. Wffi:ZT.'..H.. _`F..F'2 *•_:�1 "A0�.52'E:� :`yRT. "_fb. ':, .::. -. A45rTF'..3n.�aFSPm4.:A6 '.� -. '. % ^SVH4. WF� +'� -: >::: Friday, Jamary 26, 2007 Page 2 of 3 Agenda Item No. 9B April 24. 2007 Paae 8 of 26 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 (Bayshore/Gateway 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 CRA adopted Resolution 2001 -98, which included a set of bylaws for the Bayshore/Gateway 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 (- _-.._ g._-, ,�_ _ .•,�,s:;�,�,. � =m ,n:•r _. . ;.�#, �� -.,..- � .mow- .,.- ,,ar -�:�- :� .__ Friday, January 26, 2007 Page 3 of 3 W -` MEMORANDUM DATE: March 23, 2007 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commission RE: Voter Registration - Advisory Board Appointments Agenda Item No. 9B Lo April 24, 2007 +-+ Page 9 of 25 N x a CD C+1 ce 4X 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. BAYSHORE CRA Derek Chorlton 561 Ridge Drive Naples, FL 34108 David Woodworth 2735 Lakeview Drive Naples, FL 34112 COMMISSION DISTRICT Jill M. Barry .A� 190 Windmwd-Way— X63 (2/P, uF� l r. 35v / _Naptor F1 34103, /-�Afz_ES f (- 3yi0 5� Maurice Gutierrez 2735 Shoreview Drive Naples, FL 34112 Cecilia C. Del Prado 2864 VanBuren Avenue Naples, FL 34112 Ronald A. Fowle 3638 Cedar Hammock Court Naples, FL 34112 Lindsey J. Thomas 1925 Sixth Street South Naples, FL 34102 Stephen C. Main 15 Newburg Place Naples, FL 34104 Christy Carlson 40 ew Moon t. Naples, FL 34112 Jay Miller 2372 Harbor Road Naples, FL 34104 15tio .give YLa�Pes Thank you for your help. A-7 A ve ( _#f 7 FG -3q/o?, Agenda Item No. 9B April 24, 2007 Page 10 of 26 Agenda Item No. 9B April 24. 2007 MEMORANDUM Page 11 of 26 DATE: March 23, 2007 TO: David Jackson, Executive Director Bayshore CRA FROM: Sue Filson, Executive Manager Board of County Commission j 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: Derek Charlton 561 Ridge Drive Naples, FL 34108 David Woodworth 2735 Lakeview Drive Naples, FL 34112 Jill M. Barry 390 Windward Way Naples, FL 34103 Maurice Gutierrez 2735 Shoreview Drive Naples, FL 34112 Cecilia C. Del Prado 2864 VanBuren Avenue Naples, FL 34112 Ronald A. Fowle 3638 Cedar Hammock Court Naples, FL 34112 Lindsey J. Thomas 1925 Sixth Street South Naples, FL 34102 Stephen C. Main 15 Newburg Place Naples, FL 34104 Christy Carlson 4084 New Moon Ct. Naples, FL 34112 Jay Miller 2372 Harbor Road Naples, FL 34104 Aaenaa Item No. 9B April 24, 2007 Paae 12 of 26 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 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 03/2212007 ° ;2a 12397743682 BCC OFFICE Agenda Item 2 tem 9B April 24. 2007 Page 13 of 26 Board of County Commissioners 3701 East Tmoiami Trail NapW4 IM 54112 (239) 77"097 Fm (239) 77"602 Application for Advisory Committees/Boards Name: E /Q.L` Y G 1a'm iL L"� O ^i Home Pbo■r, someAddnat J b �'�GF �2 NRP�S yip Coda 05 e.mladdnFu NoT99 '> "6Gi8 HabesPboet3 i m CflM Mee ofEmp"ont )'0)ktN K. tIoo'z, RtRti aTA1L lob �3M ASS• NApX-S neaN or Commltat Appiied fora 'MAYS Ro ht �!} stn+ g") tv 1� ^ ' t na��1 14 How long have you lived is Collier County°• Years �2 Mastic 1 d Are you a ee&tered voter in Collier County: Yes ,No aCM "r0_�PdbK.�G p�tKRA� s fwg-c be you currently bold pebtic ofDWT Ya No If so, what is t*M amaT Have you ever been convicted of aoy offense against the Law? Yes No V 1rya, •aputa: _ Da yse eon wr.e, a nave you er.r rarved, n ■ Collier Coaat7 board ar eoaalttee: Yw _ `� No If yet, pleue Nit tTa eealnnNea�bonrdl: _ _ _ _ _ pleat fkot war eommantty sedvltles (oirk olube, aeigbboraood anociatiow, etc. nod positions 7 (V F Edacatloa: 1`OYA�- f -i3O... FpcLGL U.v��di0.s,Y'1 �A.r.R.�cN.s- Q r�aLt�pCi'C.��.f; ON^� cAttx G14�00.�fCd - a �1r.f AP.+��. � S'li Fre.ne etru ray .dao'or yprw,aroaFaafnarnea + a: r WMWMataaeaIDVtor r4evtosw FUN^ rtaannre,xt me soar' of Como* Commbdewm .ite7 Eat raalawl h4 NOW, Jn .V11). d/rft,r&k rJnwJkt Yw n of Ct3!) 77lJd6iweanslPNta tllYottlka{h'e�la� f7�mteyoalm7etnnsedneWanetar tlttraio ofCo@w Caop. Ll i 0 Board of County Commissioners 3301 East Tamiami Trail Napies, FL 34112 (239) 774 -8097 Fax: (239) 774 -3602 Agenda Item No. 9B April 24, 2007 Paae 14 of 26 l r/ Application for Advisory Committees /Boards Name: David Woodworth Home Phone: 239- 774 -5060 Home Address: 2735 Lakeview Drive Zip Code: 34112 Fax No. 775- 562 -5700 Business Phone: 239-793-6642 e-mail address: Woodworth @naplessunreafty.com Business: Agent (Sun Realty, LLC) and Business Owner (Voice Box Services Inc.) Board or Committee Applied tar: Bayshore /Gateway Triangle Local Redevelopment Advisory Board Category (if applicable): Member At Large, Example: Commission District. Developer, environmentalist, lay person, etc. Are you a registered voter in Collier County: Yes X No Do you currently hold public office? Yes No X If so, what is that office? Do you now serve, or have you ever served, on a Collier County board or committee? Yes No X If yes, please list the committees/boards: Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Education: Bachelor of Forestry (Stephen F. Austin University, 1977), Master of Education (University of Miami 1979) Experience: classroom teacher, Collier County Public Schools (1979 -1993) Everglades City School Naples Hi 2h School and Shadowlawn Elementary School Business Owner (1993 - present) Voice Box Services Real Estate Sales (1 994 present) Blue Bill Properties (four years) now with Sun Realty LLC for over two years Please attach any additional information you fed perdnmt Tha app4cadon should be forwarded m Sue Filson, E.xecudveMonager to the Boord of Courtly Commissioners, 3301 East Tomiami Trail Naples, FL 34112 Ifyou wish, please f" your apphortion to (239) 774 -3602 or email m suetilsonrauv,llicrvo i - .ne1 Thank you for volunteering to serve the cidzmv ofCo/lier Coomy. Advisory Board Application filson_s " crom: jbarry@naplesgarden.org *t: Thursday, March 22, 2007 12:00 PM To: Filson s Subject: New On -line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774 -8999 Application was received on: 3/22/200711:59:36 AM. Name: Ltill M B Home Phone: 39- 398 -6533 Home Address: 1390 Windward Wa City: a les Zip Code: "4103 Phone Numbers Fax: 39- 649 -730 Business: 39- 643 -7275 c -Mail Address: libarrv6c naplesgar den.or Work Place: Naples Botanical Garde How long have you lived in Collier County: 1©- Have you ever been convicted of any offense against the law? Are you a registered voter in Collier County? Ye Board / Committee Applied for: oa shore Gateway Triangle C Category: member at Laze or Ba shore Business Owner rinci le Do you currently hold public offfice? Do you currently or ever served on a Collier County Board or Committee? Please list your community activities: Education: 9A--Lafayette College, Easton P 3/22/2007 Pale l of 2 Agenda Item No. 9B April 24. 2007 Page 15 of 26 Advisory Board Application w F- IL J 3/22/2007 Page 2 of 2 Agenda Item No. 9B April 24, 2007 Paqe 16 of 26 Currently, Director of External Affairs at the Naples Botanical Garden, where I am responsible for verseeing all interactions with the public and the Garden, from general awareness through marketing d PR to the visitor experience, recruiting and retaining members, soliciting and stewardship of major onors as we embark on a $55 million capital campaign. All Garden -run special events and fundraisers, is well as the volunteer program, the store and education efforts are under my purview. Before service t NBG, I was the Director of Development at the Walters Art Museum in Baltimore, MD. MAR -22 -07 07:40 AM DIAMONDCARPETINC 94L 774 7022 ':ame :- 1kuri.re Guilt _.. ......._—Hone rhone:774 -7022 Some Address: 2736 Shoreview Dry_ ZlpCode; 34112 P.01 Agenda Item No. 9B April 24. 2007 Page 17 of 26 i I IazNo. 775 -3$17 BuslncssPhnnr: 263 -0572 — e-ma0address' mgutetr1893 @earthlink.net Board or Committee Applied for: sy bore MSTU board member /CRA position category (irappllcablc)_ BaYshore..!1STU member . awr ♦.nmmn.roa I.nviel. Dtarin «r. ru. iroawenaain. br oernm. elt. Are you a registered voter in Collier County: Ves Do you currently hold public olTirt' Yes _ ,_ ,.,,_ No Do youao+scnc, or We you,%or untd, ooa Collie r County bard or commitim! t.a X NA, ifr.a,pkau l'nt tae <ommittorJhoerdc ___.. .. .. —... -- ly -*ST 44 ., h,,.n — _._._ (lease nst your community acth -itoo (civir Hubs, neigMMrhood assoclatioas, etc. and p0itions held: iducailou: ,,,. ,nwrrwNwrafYasi UJaraeeaonynafM JrrtuwM 77rbspy�Y'rir.n fawMMJnnrrKNMJar eJLSMy treNltx Mwyrr ..,.nu w , rr'..:...vdMntFMr ;s. 3- D; we P.r.`.r,� . � ,• n,.,t.,.: I :::::. n n�. .:::. (+:urlu :.v glparM.w b rJ+o/flld6d: xr nxMAM iF.rA iix.fx.+wunUrrixg ar,rnvd: cal; rn, j/rM/rr f,rxp' ... , _ rti h .,. r�leira111eaik 09/15/2007 02:56 2397320976 ml CEC;ILIA BROWN Board of County Commissioners 3301 East Tamiami Trail Napka, FL 34112 (239) 77444 Feat (239) 7743602 Application for Advisory Committees/Boards PAGE 01 Agenda Item No. 9B April 24. 2007 Page 18 of 26 a��/t ems/!/ Home Pbone if7`/J' Home Address: n G / �a P Zip Code: 7` 11- _ Fax No.�(�q� Basilicas y Phone: ��� �I fl'� e-mail addresa:�r�! IDS�G_ id_ CC1Yr� Place of Employment• t /�%S / 7/rf -721 Board or Committee Applied for: ZZel Category (if applicable): axemply Commbslon D'wtriet, DevN per. thVinsameaiahm Icy person, etc. How long have you lived in Collier County: Years Months Are you a registered voter in Collier County: }'es ✓ / No Do you currently bold public office? Yes No / If so, what is that office? • Have you ever been convicted of any offense against the Law" Yes No r/ If yes, explain: • DO you now icrva or have you ever sorved, on f Collier County board or committee? Yes No It yes, please list the commiteees/beards: Please list vout commttnity activities (civic clubs, neighborhood associations, etc, and positions held: Education: cr Experience: L`5r /�W �i L� �/� U Pkate abaci tmy additional m/ormaaan mu lee! peMtnnrt This gpp/trafi9a,rhmdd he jmwarded to Sur FrYron, xcvlrvr Alangerr to the aorad ojcoa m Cnmam Mers, ml Sar1 Tammmt Trail. Naples. FL 30112 /jyw wish, pleaer ja wMw npplicalwn to (= 39)774.3602 or e.mav W 77mnk poi jot vohwteertet7 to serve'he War= njcolhev County L Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34132. '' (239) 774 -80" Fax: (239)774 -3602 Agenda Item No. 9B April 24, 2007 f 2 Application for Advisory Committees /Boards Name: C �� L� ' `— U �� �F Home Phone: 5 4 — c) C) �J ( C Z_ C -i Home Address: �� �C c� fl 1 1� 'Lip Code: 3 Fax No. `] � � — �'Cl Business Phone: ti — I Vfq -mail address: 7cN 1<y Place Board or Committee Applied --r- 1 Category (if applicable): Example: Commission District, Developer, environmentalist, lap person, etc. How long have you lived in Collier County: Years Months_ Are you a registered voter in Collier County: Yes�_No ._.�Do you currently hold public office? Yes No If so, what is that office? Have you ever been convicted of any offense against the Law? If yes, explain: Do you now serve, or If yes, please list the t Yes ever served, on a Collier County board or committee? Yes _�4_ No Please list vour community activities (civic clubs, neighborhood associations, etc. and positions r0 l \I Please attach any additioml infnrneation you fee /pertinent This applicaGaM should he forwarded to Sue Filson, Executive Manager to the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. Ifyou wish, please fax your application to (239)774 - ^3602 ore- ad `�erilson(e�coll iieereovine ''i,,Thhank you fory�unteering to serve the citizens of Collie, C-6xunty. AS�lcl\'Wss ti 1 saal�s • Donna Fiala District 1 Frank Hales District 2 Tom Henning District 3 Fred W. Coyle District 4 Jim Coletta District 5 • Agenda Item No. 9B April2 QfxX� Q�CXItiP/� �G2G0792J/Zt /.1�T�92f%d Aa9e D 3301 East Tamiami Trail • Naples, Florida 34112 - 4977 (239) 774 -8097 • Fax (239) 774 -3602 Mr. Ronald A. Fowle 2595 E. Tamiami Trail Naples, FL 34112 March 2, 2007 Subject: Bayshore /Gateway Triangle Local Redevelopment Advisory Board Dear Mr. Fowle: Your term on the above - referenced advisory committee expires on May 22, 2007. In accordance with Board policy, the enclosed press rcicase has been sent to the appropriate news media. We appreciate the amount of time and effort you have put into the activities of this committee. Although our records indicate you have served two or more successive terms, the Commission will consider all applications received and may waive the two -term limitation if no other qualified volunteers apply. If you wish to he consideicdTor another term please complete and submit the encTose3application to this office by the March 23, 2007, deadline or you can access our on -line form at www.colliert;ov.net. If you have any questions regarding this procedure, please do not hesitate to contact me at 774 -8097. sf Enclosure cc: David Jackson. Executive Director r Sincerely, Sue Filson, Executive Manager Board of County Commissioners -t- 1 I f � J Advisory Board Application fIlson—s °rom: volant @sprintmail.com *t: Thursday, March 08, 2007 12:22 PM o: filson s Subject: New On -line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774 -8999 Application was received on: 3/8/2007 12:22:21 PM. Name: Lindsey J Thoma Home Phone: 39- 261 -4033 Home Address: 11925 Sixth Street Sout City: a les Zip Code: 34102 Phone Numbers Fax: 39- 254 -508 Business: 39- 254-882 e -Mail Address: olant(&s rintmail.co Work Place: rTA Associates, In How long have you lived in Collier County: 5 -1 Have you ever been convicted of any offense against the law? Page l of 2 Agenda Item No. 9B April 24, 2067 Page 21 of 26 Are you a registered voter in Collier County? ©e Board / Committee Applied for: Oayshore/Gateway Triangle Redevelopment Ad isory Boaz Category: of indicate Do you currently hold public offfice? urrent Chairman of the Bayshore/Gateway Triangle Adviso Boaz Do you currently or ever served on a Collier County Board or Committee? ©e Education: B Universitv of Miami 3/8/2007 Advisory Board Application r � U r 1 U • 3/8/2007 Page 2 of 2 Agenda Item No. 9B April 24, 2067 Experience: Paae Have been CEO of several private companies and Senior executive positions with a mulitnational company. 22 of 26 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774 -8097 Faz (239) 774 -3602 Agenda Item No. 9B .. - April2sL,.2QO7 X Page 23 of 26 I i jr Application for •A/dvisory Committees/.Boards U Name: �7 // ©l i9/ Home Phone: 7' /SS� Z ys9 Home Address: / S ✓ y e�w � r / - Zip Code: '37�UT L Fax No.%i._ �7y— SS�StirBusiness Phones 239- �fi OLZ7ie -maa address: aS»+ rewrcer2 rQr��✓in c. He� `. e v y Board or Committee Applied for: S�iG dlAf / Qd Visa �G 2 AV Category (if plicable): Example: Commission District, Developer, en onmentalisq lay person, etc. Are you a registered voter in Collier County: Yes �No/ Do you currently hold public office? Yes No l/ If so, what is that office? - Do you now serve, or have you ever served, on a Col 'er CountyJtoardorcommittee? Yes No If Xestplesse list theRmmitte�/Isoards:�q ry iM Please attach any addidonal inforrrmdon you fee! pertinent This application should be forwarded to Sue Filson, Executive Manager 2 •Jae Board of Caumy tonunissianCasro .ipl Past Tamiam! Traly Naples er 34712., rve the wish, phase fax your applic ( 239 )774 -3602 or e+ntil to sueTdsnrsa7cnlbereay. uet Thank you for volurdeering ro serve We citizens ojCouier Caunry- ��f PUG -- -200 C9:2EF °ROf': MICR '_LE MaC:2 :2 ?5:'. 3.-ic =115 TL:7743502 F. 1'1 Agenda Item No. 9B April 24. 2007 Page 24 of 20 Board of County Commissioners ' -' 3301 F40 Tamiami Tn8 L Naples, FL 34112 ' F ( 97 (2 774.80 Pax:x:(239) 77F3602 Application for Advisory Committees /Boards Name: �f1r'15 fCQQ�r� j01'� Home Phone: 22/39 /'SB�y Home Address:_ �UV7 A(J Mon Cf ' NT21p Code: ✓ l �I � ' Fax No. Business Phoo 2M e-mail address: 02an-6 (2ir )Aop Business: lV1 4eY'10r A®S>et i/l hel 7W1 Board orCommkin Applied for._IX(,1� h>,i �iA latl �Ytkl'>:{je LzAl ROSY Category (if applicable) esamplr a■winim District, Developer, vltw�rlet,brvanoa.em Are you a registered voter in Collier County: 'Yes__)�_No Do you currently hold public onicc? Yes No _ tr so, what is then emea? Do you now same, or have you ever Served, One Collier County hoard a committee? Yes Vo If yes, pies" list the cemm leteulboardr Ples "c list your community activities (civic dubs, nelghborhood associations, eta and Positions held: Pleaaevtwi nay addalaasllq /srweloayvafedperakeat 1tYr gppdk9doe$ wdd Erferwwrbd u.4aflaea, FJO.vtdSeNaOyer ro ti" aoerd ofCeeaty Cummlesloaerr, 3301 Emt TWW&W Truk Nap/ts. FL 34112. tfym woes, pAvw fax>wr appamnan ro '39ir71i602 Owq Tsn}tfororweeHnr ros Ike tlnau ofCMeCon( o ry. Advisory Board Application filson_s prom: jay @jaysfabrics.com Sent: Friday, March 23, 2007 3:50 PM To: filson s Subject: New On -line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774 -8999 Application was received on: 3/23/2007 3:50:26 PM. Name: a Mille Home Phone: 39- 417 -920 Home Address: E372 Harbor R City: a les Zip Code: 4104 Phone Numbers Fax: 39- 435 -001 Business: 39- 435 -7222 e -Mail Address: a (qja ysfabrics.co Work Place: bay's Fabrics How long have you lived in Collier County: Have you ever been convicted of any offense against the law? Are you a registered voter in Collier County? Ye Board / Committee Applied for: a shore C Category: of indicate Do you currently hold public offlice? Do you currently or ever served on a Collier County Board or Committee? Fo Please list your community activities: Page 1 of 2 Aaenda Item No. 93 April 24. 2007 Page 25 of 26 Education: FG duated from George Mason Universitv in 1991 with a decree in Public Administratiord 3/23/2007 Advisory Board Application 3/23/2007 Page 2 of 2 a Item No. 9B April 24. 2007 Experience: Pao Over 10 years property management experience in the Northern Virginia, D.C. area. Specialized in single family homes and small apartments. I have lived in Collier County for over 10 years. I own commercial property in both the City of Naples and Collier County. I own and manage a business that is located in the Bayshore/Davis Triangle area 26 of 26 Agenda Item No. 9C April 24. 2007 Page 1 of 6 EXECUTIVE SUMMARY RECOMMENDATION TO DECLARE A VACANCY ON THE AFFORDABLE HOUSING COMMISSION OBJECTIVE: To declare a vacancy on the Affordable Housing Commission and to direct staff to issue a press release soliciting resumes in an effort to fill the vacant position. CONSIDERATIONS: Ordinance No. 2001 -55, Section 8, reads as follows: "It is the intent and strong desire of the Commission that there be full attendance of advisory Board members at all meetings of the Boards, recognizing, however, that it may be necessary for Board members to be absent from a meeting due to unusual or emergency circumstances. Nevertheless, full attendance at Board meetings is encouraged and necessary for the proper operation of the Boards and in furtherance thereof the following requirements are established: A. Any Board member who is absent for more than one -half of the Board's meetings in a given fiscal year shall be deemed to have tendered his or her resignation for such Board. The Commission shall, as soon as practicable after such resignation, declare the position to be vacant and shall promptly fill sane pursuant to the provisions of Section Six herein. The Board member shall not serve at any meetings after his or her position is declared vacant by the Commission. B. In the event that any Board member is absent from two consecutive Board meetings without a satisfactory excuse acceptable to the Board chairman, the Board chairman shall state such fact at the next regularly scheduled Board meeting and shall thereafter notify, in writing, the Administrative Assistant to the Commission of the Board member's failure to attend without satisfactory excuse. The Commission shall review the Board Chairman's notification at a Commission meeting and shall declare the Board member's position to be vacant if the Commission concurs that the Board member was absent from two consecutive Board meetings without a satisfactory excuse and shall promptly fill same pursuant to the provisions of Section Six herein. The Board member shall not serve at any meetings after his or her position is declared vacant. C. A member of a Board shall be deemed absent from a meeting when he or she is not present during at least 75% of the meetings. Attached is a memorandum from Ken Kelly, the Chairman of the committee requesting that the Board of County Commissioners declare a vacancy on the committee and direct staff to advertise to fill the vacancy. Mr. William R. Cadwallader has had 3 unexcused absences. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation to declare a vacancy on the Affordable Housing Commission and direct staff to issue a press release soliciting new members. It is also recommended that the Board of County Commissioners direct the County Attorney to prepare a resolution declaring the position vacant. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Date: APRIL 24, 2007 5gend� Item W 9C Aprr 24, 2007 Pay, 2 of 6 COLLIER COUNTI' BOARD OF COUNTY COMMISSIONEPS Item Number: v„ Item Summary: PaCernmendat,Ou f0 declare e vacancy en thA Affordabre .Hnusmg Commission. Meeting Date: 41741200-, 9 0090 AM Prepared By Sue Filson Executive Manager to the BCC Date Board of County BCC Office Commissioners Approved By James V. Mudd County Manager Date Beard of County S Office V1612007 6:64 PM County ManageY ff Commresionery Aganca Item No. 9C April 24. 2D07 Page 3 of 6 Collier County Affordable Housing Commission Memo To: Sue Filson, Executive Manager to BCC From: Ken Kelly, Chairman Collier County Affordable Housing Commission Ray Cadwallader has had 3 unexcused absences as a commission member of the Affordable Housing Commission. As described in the Collier County Affordable Housing Commissions Rules and Regulations, the Commission is asking the Board of County Commissioners to terminate Ray Cadwallader as a commission member and declare a vacant seat. Sincerely, Kenneth Kelly Chairman Aaenda Item No. 9C April 24, 2007 Page 4 of 6 Affordable Housing Commission Mr. William R. Cadwallader 11/13/01 10/01/04 1090 Egrets Walk Circle 514 -4082 10/26/04 10/01/07 Naples, FL 34108 E -Mail: District: 2 Category: Attorney/Business Administration Mr. Miguel A. Castillo 598 -7565 09/12/06 6481 Autumn Woods Blvd. 566 -7176 Naples, FL 34109 E -Mail. miguel.castillo @wachovia.com District. 2 Category: Finance /County - ALTERNATE Mr. George R. Smith 226 -7479 09/12/06 509 Courtside Drive 263 -4434 Naples, FL 34105 E -Mail: District: 3 Category: Rloanarranger @aol.com Ms. Esmeralda Serrata 657 -3649 05/24/05 603 Nassau Street, Apt. 4 657 -5838 Immokalee, FL 34142 E -Mail: cchafl @aol.com District: 5 Category: Collier County Housing Authority Monday, April 09, 2007 Page I of 10/01/07 10/01/09 10/01/08 3 Years 3 Years 1 Year 3 Years 3 Years Work Phone Appt'd Exp. Date Term Name Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. James Al Pusateri 02/13/07 10/01/09 2 Years 4971 Carromar Drive 775 -7029 Naples, FL 34112 E -Mail. jpusat6700@aol.com District: 1 Category: Attorney and Judge Mr. William R. Cadwallader 11/13/01 10/01/04 1090 Egrets Walk Circle 514 -4082 10/26/04 10/01/07 Naples, FL 34108 E -Mail: District: 2 Category: Attorney/Business Administration Mr. Miguel A. Castillo 598 -7565 09/12/06 6481 Autumn Woods Blvd. 566 -7176 Naples, FL 34109 E -Mail. miguel.castillo @wachovia.com District. 2 Category: Finance /County - ALTERNATE Mr. George R. Smith 226 -7479 09/12/06 509 Courtside Drive 263 -4434 Naples, FL 34105 E -Mail: District: 3 Category: Rloanarranger @aol.com Ms. Esmeralda Serrata 657 -3649 05/24/05 603 Nassau Street, Apt. 4 657 -5838 Immokalee, FL 34142 E -Mail: cchafl @aol.com District: 5 Category: Collier County Housing Authority Monday, April 09, 2007 Page I of 10/01/07 10/01/09 10/01/08 3 Years 3 Years 1 Year 3 Years 3 Years Aoenda Item No. 9C April 24, 2007 Pace 5 of 5 Affordable Housing Commission Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term Mr. John Barlow 649 -6380 02/13/07 10/01/10 3 Years 4351 Gulf Shore Blvd., N, #I 9N 649 -6380 Naples, FL 34103 E -Mail: johnbarlow @lerivage.net District. 4 Category: Safelite auto Glass Mr. Larry H. Fleming 563 Park Shore Drive Naples, FL 34103 E -Mail: NaplesRealEst @aol.com District. 4 Category: City s `Jr?�o'l Ms. Mary Strutz k 1' 271 Aqua Court, P.O. Box 1646 Naples, FL 34102 E -Mail: mary.strutzf @gmail.com District: 4 Category: City of Naples 659 -6464 05/09/06 434 -2120 11/19/03 263 -0697 11/19/06 Mr. Kenneth Kelly 435 -0014 03/28/06 4260 16th Street, N.E. 354 -2021 Naples, FL 34120 E -Mail: ken @kellyroofmg.com District. 5 Category: Roofing Contractor - Resides East of 951 Ms. Christine D. Straton " ed 4260 Montalvo Court f�5(T,a1 Naples, FL 34109 3 E -Mail: chrisstraton @yahoo.com District. 3 Category: COUNTY - REGULAR Monday, April 09, 2007 05/24/05 597 -8849 09/12/06 04/18/09 11/18/06 11/18/09 10/01/07 10/01/07 10/01/09 3 Years 3 Years 3 Years 1+ Year 2 + Years 3 Years n _ _ Page 2 of 3 Agenda Item No. 9C April 24. 2007 Page 6 of 6 Affordable Housing Commission Name Work Phone Appt'd Exp. Date Term Home Phone DateRe -appt 2ndExpDate 2nd Term This 9 member commission was created on July 23, 1991, by Ordinance No. 91-65, to monitor the implementation of the Affordable Housing Task Force's Recommendations, and the goals, objectives, and policies of the Housing Elements of the County's Growth Management Plan and the City's Comprehensive Plan. Terms are 3 years. Amended by Ordinance No. 2005 -69: the BCC will appoint 8 members, including the alternate member, two of which must live in the Rural Area (East of Collier Boulevard), and one of those must be a resident of Immokalee. The City of Naples will appoint 2 members. The commission shall be comprised of members from the county -at- large, the City of Naples -at- large, the development community, affordable housing providers, financial institutions, the legal profession and realtors. On 12/14/04 the BCC adopted Ordinance 2004 -77 to add 1 Alternate member to be appointed by the BCC. The Alternate member shall serve in a voting capacity only when a regular member is absent from a meeting. On December 13, 2005, the BCC approved Ord. No. 2005 -69 changing the composition of the committee, 9 members and 1 alternate. The BCC will appoint 8 members, including the alternate (2 of which must live in the Rural Area (East of Collier Boulevard), and one of those must be a resident of Immokalee) and the City of Naples will appoint 2 members. Jessica Rosenberg, Deputy City Clerk 213 -1015 FL STAT.• none Staff. ecrnTaTtnt %Y1N' ry K'humbL w 77V - 8W/�- Monday, April 09, 2007 - Page 3 of 3 _ __. Agenda Item No. 10A April 24. 2007 Page 1 of 48 EXECUTIVE SUMMARY Recommendation to approve Contract Amendment No. 2, Exhibit E, for a Guaranteed Maximum Price (GMP) in the amount of $38,533,902, under Contract No. 04-3609, "Construction Manager at Risk Services for the Collier County Emergency Operations Center', with Kraft Construction Company, Inc. (KCCI) for the building construction portion of the Emergency Services Complex, project number 52160. OBJECTIVE: To approve Contract Amendment No. 2, Exhibit E, for a Guaranteed Maximum Price (GMP) in the amount of $38,533,902, under Contract No. 04 -3609, "Construction Manager at Risk Services for the Collier County Emergency Operations Center ", with Kraft Construction Company, Inc. (KCCI) for the building construction portion of the Emergency Services Complex, project number 52160. CONSIDERATIONS: A $1,859,400 contract with Harvard Jolly Clees Toppe Architects to design the Emergency Services Center (ESC) was approved by the Board on June 10, 2003, agenda item 16158. On September 13, 2005 the Board approved item 10H, a $91,750 contract change with Harvard Jolly to site adapt the ESC to Ley Cultural Parkway. The Site Development Plan (SDP) for the ESC and South Regional Library was submitted on May 15, 2006 and was approved on November 17, 2006. The ESC building permit application was submitted for simultaneous review and is still under review. KCCI was awarded the Construction Manager at Risk contract for the ESC on March 23, 2003, agenda item 16E6. KCCI is performing all of the site work for the ESC and South Regional Library (SRL) as approved by the Board of County Commissioners on December 12, 2006, agenda item 10.K. The SRL will be bid separately and is planned for presentation to the Board in May 2007. On March 27, 2007 KCCI submitted a $44,230,345 GMP proposal for the building construction related to the ESC project. The GMP was formulated by KCCI through the solicitation of subcontractor bids. At this price, the project would be significantly over budget. KCCI, the Facilities Management Department and the design professional met to evaluate any potential items for reducing the proposed contract cost. Additionally, staff reviewed the furniture, fixtures and equipment (FF &E) requirements to reduce project costs. A reduced GMP amount of $38,533,902 has been proposed based on over 20 items, most of which do not reduce the project scope. As an example, the design calls for off -site pre -cast concrete wall panels and by changing to site -cast wall panels, over $1 M in cost avoidance can be recognized with the added benefit of reducing the project schedule by three months. Additionally, the purchase of some large equipment, such as two 250OKW generators, has been pulled out of the GMP and is planned for direct purchase by the County. The current project budget includes over $10M for FF &E. In order to keep the project within budget, a review of the requirements of the various occupants and their current FF &E was conducted. The FF &E list included items for the Sheriffs 911 center, these items will be purchased by the Sheriff from the Wireless 911 Fund 189 and E911 Fund 199, not from the project budget. Many of the occupants have FF &E that can be relocated to the new building, Agenda Item No. 10A April 24, 2007 Page 2 of-' 8 but items such as telephone switches, communications equipment and Emergency Management's Operations Center work stations still need to be purchased. Accordingly, this line item has been reduced to $4,500,000. The proposed contract amendment to incorporate the GMP with KCCI is based on the following project cost estimates: Design Professional Services for Inspections and Misc. Fees Permitting and Impact Fees Site Work GMP (BCC approved 12/12/06, 10.K) Proposed Building GMP Owner provided equipment (generators, UPS) Builder's Risk Insurance and Other Project Costs Commissioning (FF &E) Contingency TOTAL Project Estimated Costs 2005 Bond Proceeds EMS Impact fee (FY2003) General Fund project support (113 mill) Commercial Paper (budgeted) SUBTOTAL Available Funds State Grants (anticipated)* TOTAL Funding Total estimated project excess (shortfall) Undated Cost Estimates $2,370,000 $546,450 $1,346,932 $4,195,820 $38,533,902 $1,800,000 $1.075,000 $4,500,000 $1,275,000 $55,643,104 Available Funds $40,156,000 $500,000 $3,670,000 $8.169,000 $52,495,000 $3.149.319 $55,644,319 $1,215 * the budget amendment(s) to recognize these revenues will be presented to the Board along with the two State construction -type grant contracts at a future Board meeting The Emergency Management Department will continue their efforts to secure additional grants to assist in the purchase of $1.9 million of FF &E for their Emergency Management's Operations Center. If additional grants are secured, the proceeds from these grants will be used to reduce the reliance on Commercial Paper Loans. FISCAL IMPACT: The current project budget is $52,495,000 and funds for a $38,533,902 contract amendment are available in the project budget. The ESC project has cash to pay for this work, since this project received $40 million from bond proceeds from the sale of the 2005 Capital Improvement Bond. During the FY2007 budget process, the project budget was increased by $10,339,000 (contingent upon the issuance of a commercial paper loan of $8,169,000) for furniture, fixtures and equipment and about half of that is now needed to construct the building. On April 17, 2007 the Finance Committee approved the use of the Commercial Paper Loan Program in the amount of $8,169,000 for the ESC project. Since this project has cash from the 2005 Capital Improvement Bond, the Commercial Paper Loan cash will not be requested until near the end of the project. A net loan amount of $8,169,000 is required for this project; with fees and pre -paid interest a gross loan not to exceed $8,580,000 is recommended. Based on a Agenda Item Igo. 10A April 24. 2007 Page 3 of 4fi 15 year commercial paper loan of $8,580,000, the estimated debt service payments will be approximately $775,300 GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan. RECOMMENDATIONS: That the Board of County Commissioners 1) approve Contract Amendment No. 2 for a Guaranteed Maximum Price (GMP), in the amount of $38,533,902, under Contract No.04 -3609, "Construction Manager at Risk Services for the Collier County Emergency Operations Center", with Kraft for the building construction portion of the Emergency Services Complex, project 52160, 2) authorize the Chairman to execute a contract amendment with Kraft, after review by the County Attorney's Office 3) the issuance of a Commercial Paper Loan in the a not -to- exceed amount of $8,580,000 and 4) the execution of the standard form Commercial Paper Loan Agreement. PREPARED BY: Ron Hovell, P.E., Principal Project Manager, Facilities Management Department Anenrla Item No 10A Apn124. 2007 Page 4 of 4Y COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS - Item Number: 10A Item Summary: This uem to be, heard at 10 30 e m. Recommendation to approve Contrac: Amendment No 1, Exhibit E. for a Guaranteed Maxinmm Price (GMP) 01538.539,002 under Contract No 04- 3609. Construction Manager at Rise Services for the Caller County Emergency Operations Center wNl Kraft Gonartuction Company. Inc tot the building construction portion of me Emergency Services Complex. protect 52160. Meeting Date: 4/241200? 9 00.00 AM Prepared By Ron Hovell Principal Project Manager Data Administrative Services Facilities Management 411112 00 7 12: 09: 58 PM Approved By Linea Best Contracts Agent Date Administrative Services Purcbasmp 4111120074: 53 PM Approved By Skip Camp, CAM. Facilities Management Director Date Atlministrative Services Faculties Management 411212007 11 21 AM Approved By Stove CarneO PurchasinglGenoral Svcs Director Date Admims[rativu Sery s Purehosing 4112/200- 2:41 PM Approved By Len Gwoen Pncv Adirioove Sarvices Administrator Date Am, 111tmtrv^_ Service Admmistrati, Services Adnlm. 41122037 ?.19 PM .Approved Ity CMB Lhordlnaml Aomm�arauve psis. ant .iota t, M Lot— "li, rf Manr pomentL Funnel 4 11075_9 AM Approved By M v-ha015myxomk'r Managemem c Budget Dbecfor Date Zccm, Macau, s Of(me Office of Management 8 Budget 4Y2i2609 2:41 PM Approved By Jamee V. Mudd County 6lanager Date Board of County Counry Managers Office 4113120076'. 43 PM Commissioners Approved By Susad Usber Senior Wme,dment /13cu t Analyst Date County Managers Office Office of Management & Budget 4115'2007 1 23 PM Aaenda Item No. 10A April 24, 2007 Page 5 of 48 KRAFT CONSTRUCTION COMPANY, INC. March 27, 2007 REVISED: April 11, 2007 Mr. Hank Jones, Project Manager Collier County Government Department of Facilities Management 3301 Tamiami Trail East, Building W Naples, Florida 34112 RE: COLLIER COUNTY EMERGENCY SERVICES CENTER NAPLES, FLORIDA Dear Mr. Jones: We are pleased to provide you with this GMP Cost Estimate for the proposed "Collier County Emergency Services Center ". The GMP Cost Estimate was based upon the enumerated Project Documents as prepared by Harvard Jolly and our list of Qualifications. Our GMP Cost Estimate is as follows: GMP Cost Estimate for the Emergency Services Center is .................$38,533,902.00 We have included a 2 % Construction Managers Contingency within this GMP amount. If you have any questions, please feel free to call. Sincerely, KRAFT CONSTRUCTION COMPANY, INC. William McCollum Senior Estimator Attachments: Exhibit(s) E, A, B, G, H and 1, Attachment 5, summary Estimate and Detail Estimate - Dated April 11, 2007 WhVwsd KRAFT CONSTRUCTION COMPANY, INC. 3520 Kraft Road, Naples, Flodda 34105 — (239) 643-6000 Phone — (239) 643-0090 Estimating Fax Agenda Item No. 10A April 24. 2007 Page 6 of 48 CVlT3M AMENDMENT NO. 2 TO AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER Pursuant in Articles 7 and 8 of the Agreement, dated April 11, 2007, between The Board of County Commissioners of Collia County, Florida, a political subdivision of the State of Florida ( "Owner") and Kraft Construction Company, Inc. ( "Construction Manager') , for management and construction of the Collier County Emergency Services Center ( "Project'), the Owner and Construction Manager hereby establish the Construction Manager's fee, Cost of the Project, Guaranteed Maximum Price and Contract Time for the Work as set forth below: 1. CONSTRUCTION MANAGER'S FEE The Construction Manager's fee, as defined in Article 8.1.2 of the Agreement, for work or services performed during the Construction Phase for the Emergency Services Center only shall be $2,075,709.00. The Concoction Phase Fee for the Emergency Services Building only shall be invoiced and paid in twenty -one (21) monthly payments of $94,350.00 each and one final monthly payment of $94,359.00. The first monthly Application for Payment shall be submitted no earlier tban thirty days following the issuance of the lust Construction Authorization by Owner's Representative and the final Application for Payment shall be paid only when constructiun of the project is finally completed and occupancy of the Project accepted by the Owner. The Overhead and Profit for the Emergency Services Center only for the Construction Phase, as defined in Article 8.1.3 of the Agreement, shall be $1,834,948.00. This Overhead and Profit for the Emergency Services Building only shall be invoiced as defined in Article 8.1.3. 2. COST OF THE PROJECT The total Cost of the Emergency Services Building Project, excluding Amendment 1 Sitework only, as defined in Article 9 of the Agreement is $34,623,244.00. 3. GUARANTEED MAXIMUM Construction Manager's Guaranteed Maximum Price for the Emergency Services Building Work only, including the Construction Manager's Fee, O &P for the Construction Phase, and Cost of the Project is $38,533,902.00. This Price is for the performance of the Work in accordance with the Contract Documents listed and attached to this Amendment and marked Attachments 1 through 6, as follows: Attachment Number Description Pages Dated 1 a. GMP Proposal Letter w /Cost Brrakdowv 1 thin 4 April 11, 2007 for the Emergency Services Building lb. Drawings, Specifications, Addenda and I thm 7 January 19, 2007 General Supplementary and other Conditions of the Contract on which the Guaranteed Maximum Price for the Emergency Services Building is based. 1 Allowance Items I thru 1 March 27, 2007 3. Assumptions, Clarifications & Qualifrcaticas 1 thin 7 March 27, 2007 Made in preparing the GMP Set Guaranteed Maximum Price 4. Completion Schedule 1 ohm 2 March 27, 2007 5. Alternate Prices I thin 1 April 11, 2007 6. Unit Prices 0 thru 0 N.A. 7. Revisions to the Contract I thin 1 Much 27, 2007 S. Completed Exhibits A. B. G, H & 1 I thru 5 April 11, 2007 4. CONTRACT TIME The total period of time beginning with the Construction Phase Commencement Date for the Emergency Services Building Only to the date of Substantial Completion of the Wmk for the Emergency Services Building is 636 calendar days ( "Contract Time "). - Commencement date can not be issued without the Building Permit ready to be issued. Exhibit E Owner and Construction Manager Amendment No. 2 Agreement Page 1 of 2 mm Attest Agenda Item No, 10A April 24, 2007 Page 7 of 48 CONSTRUCTION MANAGER KRAFT CONSTRUCTION COMPANY, INC. ,John Pinholster Title: President As Witnessed: BY (Corporate Seal) OWNER ATTEST: D \i GliI N. BROCK,CLERK BT Date: Approred as to form and legal sufficiency: Robert N. Zachary, As's'istant County Attorney BOARD OF COUNTF COMMISSIONERS COLLIER COUNTY', FLORIDA By: JAMBS N. COLETTA, CII.AIRMAN EXHIBIT A CONSTRUCTION TEAM ASSIGNED REPRESENTATIVES EMERGENCY SERVICES CENTER BUILDING Owner: Board of County Commissioners, Collier County, FL Owner's Representative: Ron Hovell Purchasing Agent Desien Professional Project Principal Construction Administrator Site Representative Mechanical Engineering Inspector Electrical Engineering Inspector Structural Engineering Inspector Architectural Inspector Construction Mameement Pete Tuffo (Offsite) Project Executive Joe Pressler (Offsite) Vice President, Estimating William McCollum (Offsite) Senior Estimator Ben Rounds (Offsite) Junior Estimator Wendy Duck,vorth (Offsite) Estimator Assistant LaurieMatr.gly (Offsite) D.M.P. Clerk Mark Style, and/or Andy Dutil (Offsite) Scheduler Pet: Muriny (Offsite) Safety Inspector Chris Dill (Onsite) Project Manager Doug Waller (Onsite) Assistant Project Manager Betty Lounds (Onsite) Administrative Assistant Steve Smith (Onsite) Superintendent TBD (Onsite) Assistant Superintendent TBD (Onsite) Labor Foreman TBD (Onsite) Accounting Billing Clerk Agenda Item No. 10A April 24, 2007 Page 8 of 48 April 11, 2007 Aaenca Item No. 10A April 24, 2007 Page 9 of 48 EXHIBIT G CONSTRUCTION MANAGER'S PER DIEM STAFF FOR TIME April 11, 2007 EXTENSIONS PER 8.1.2 (1)(b) EMERGENCY SERVICES CENTER BUILDING Percentage Individual Title of Time Available Pete Tuffo (Offsite) Project Executive 20% Joe Pressler (Offsite) Vice President. Estimating 10% William McCollum (offsite) Senior Estimator 5% Ben Rounds (Offsite) Junior Estimator Wendy Duckworth (Offsite) Estimator Assistant 10% TBD (Offsite) M.E.P. Coordinators 1017C Laurie Mattingly (Offsite) D.M.P. Clerk 20% Mark Styles and/or Andy Dutil (Offsite) Scheduler(s) 5% Pete Murphy (offsite) Safety Inspector 10% Chris Dill (Onsite) Project Manager 100% Doug Waller (Onsite) Assistant Project Manager 100% Betty Lounds (Onsite) Administrative Assistant 100% TBD (Onsite) Accounting Billing Clerk 100% Steve Smith (Onsite) Superintendent 100% TBD (Onsite) Assistant Superintendent 75% TBD (Onsite) Labor Foreman 100% EXHIBIT H CONSTRUCTION MANAGER'S PERSONNEL TO BE ASSIGNED DURING CONSTRUCTION OFF -SITE EMERGENCY SERVICES CENTER BUILDING Individual Title Pete Tuffo Project Executive Joe Pressler Vice President, Estimating William McCollum Senior Estimator Ben Rounds Junior Estimator Wendy Duckworth Estimator Assistant TBD M.E.P. Coordinators Mark Styles and/or Andy Dutil Schedulers Laurie Mattingly D.M.P. Clerk Pete Murphy Safety Inspector Agenda Item No. 10A April 24, 2007 Page 10 of 48 April 11, 2007 Percentage Duration of Time in Months Available 20% 10% 5 % 10% 10% 5% 20% 10% Agenda Item No. 10A April 24, 2007 Page 1 of 48 EXHIBIT I CONSTRUCTION MANAGER'S PERSONNEL TO BE April 11, 2007 ASSIGNED DURING CONSTRUCTION ON -SITE EMERGENCY SERVICES CENTER BUILDING Percentage Duration of Time Individual Title in Months Available Chris Dill Project Manager 100% Doug Waller Assistant Project Manager 100% Betty Lounds Administrative Assistant 100 % TBD Accounting Billing Clerk 100% Steve Smith Superintendent 10p% TBD Assistant Superintendent 100% TBD Labor Foreman 100% Ulm Standard Estimate Report CC Emerg Svc Complex comfy . COMO" Vdh ti * - ON Docunwnts Project name CC Emerg Svc Complex Naples FL 34112 Collier County Client Collier County Govt Agenda Item No. 10A April 24, 2007 Page 12 of 48 Page 0 411112007 9.32 AM Architect Harvard Jolly Clees Toppe 239 - 275 -7774 Engineer TKW Consulting Engrs Document Plans Dated 01 -19 -07 Estimator Kraft Construction Co,lnc Job size 109527 acsf M I N Standard Estimate Report CC Emerg Svc Complex Agenda Item No. 10A April 24, 2007 Page 13 of 48 Page 1 411112007 9:32 • M TO1et �,: Description Quantity Amount 1000.00 GENERAL REQUIREMENTS 12.00 MO (5,245,289) 1970.00 FIELD REIMBURSABLES 690,782 2090.00 SITE SURVEY & LAYOUT 48,444 2100.00 SITE PREP & EXCAVATION 2500.00 WATER, STORM, & SEWER 696,477 2700.00 PAVING & CURBS 0 17,050 2800.00 SITE IMPRVMNT& LANDSCA 23,289 3000.00 CAST IN PLACE CONCRETE 5.662,854 3400.00 PRECAST CONCRETE 6,457,855 4000.00 MASONRY 442,084 5000.00 STR STEEL & DECKING 402,082 5700.00 ORNAMENTAL METALS 468.245 6000.00 ROUGH CARPENTRY 352,819 6200.00 FINISH CARPENTRY 6410.00 CABINETS & COUNTERTOP; 122,277 7000.00 INSULATION & MOISTURE 584,403 7300.00 ROOFING 365,422 7800.00 FIREPROOFING 69,660 8000.00 DOORS & HARDWARE 453,295 8500.00 WINDOWS & GLASS 195,476 9200.00 PLASTER & STUCCO 831,082 9250.00 DRYWALL 9300.00 TILE, STONE, COUNTERTOF 265,362 9500.00 ACOUSTICAL 250,705 9550.00 FINISH FLOORING 858,787 9900.00 PAINT & WALL COVER 430,621 10000.00 SPECIALITIES 226,358 11000.00 EQUIPMENT 83,436 12000.00 FURNISHINGS 11,309 14000.00 CONVEYING SYSTEMS 396.155 15000.00 PLUMBING 691,967 15300.00 FIRE PROTECTION 740,361 15500.00 HVAC 4,447,375 16000.00 ELECTRICAL 8,795,589 17000.00 SYSTEMS & COMMUNICATI( 3,531,055 Agenda Item No. 10A April 24, 2007 Page 13 of 48 Page 1 411112007 9:32 • M win Labor Material Subcontract Other State Sales Tax Labor Burden Bulders Risk Insur. By Owner General Liability Insurance Impact Fees By Owner Building Permit By Owner Primary Utility Svcs Fees By O Contingency ( %) Bond: Payment & Performance Const Phase Fee (Gen Cond) Const Phase OH & Profit Fee Standard Estimate Report CC Emerg Svc Complex Estimate Totals 126,200 10,350 32,912,729 318.108 33,367,387 621 72.565 73,186 315.978 315,978 675.131 675,131 191,563 191,563 2,075,709 1.834.948 3,910,657 Total Agenda Item No. 10A April 24, 2007 Page 14 of 48 Page 2 4111/2007 9:32 AM 33,367,387 6.000% 57.500 % 33,440,573 0.820% 33,756,551 33,756,551 34,431,682 34,623,245 2.000 °e 38,533,902 38,533,902 351.821 /acaf a� R m w ° ° a d Q 0 to o E H C p U m U y LU O O !A I� 7 'O rL 4) V N 0 0 r C C V ¢ n a) U U a 0 0 0 0 «c E me d y `�i. 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W y �3 ac ¢¢ m z w m Q m v E awe W •°• m r O S Y Q P � Z 8 O I E ^y _ 000 S N N N Y Y Y aaa y c n N i a b QED Q fill M� m m m m m 888 C O �m� N N Y m r 0 am c c > O m E e N e e 11ap b O O ' ' N N w w a a 8 O N C Q C Q Z H Q as di O ' o " ■ 0 r n O C N N N d a a o oio C- -� 0 �1 08 N m k' ? E m y m e m a c � � w � w m U O yy m o W W Q D 6 c 1 d d N n 9 a33rn a tm O O 8 e N p O ON INC N Aoenda Item No. 10A April 24, 2007 Page 18 of 48 N ^ N 0 . . . . w w w w 8 O N C N C Q Z H QI as di a p O Q Q J ? IR N W y �3 ac ¢¢ m z w m Q m v E awe W •°• m r O S P � Z 8 O I ■ 0 r n O C N N N d a a o oio C- -� 0 �1 08 N m k' ? E m y m e m a c � � w � w m U O yy m o W W Q D 6 c 1 d d N n 9 a33rn a tm O O 8 e N p O ON INC N Aoenda Item No. 10A April 24, 2007 Page 18 of 48 N ^ N 0 . . . . 0 C m > Q � U g aE iii Z H d 8 N _ _ = 8. c 88 88 88 N b CJ m E `m E o 0 x � mm mN m (mJ m m C C C m LL u l!U E .1 C C C C= C c C c C E j UUaUVO� 1 w w w w w N N N N N C Q O Q. QI as di a IR N n N� w 0 C m > Q � U g aE iii Z H d 8 N _ _ = 8. c 88 88 88 N b CJ m E `m E o 0 x � mm mN m (mJ m m C C C m LL u l!U E .1 C C C C= C c C c C E j UUaUVO� 1 e � �Q o; Ng r O Q E d cR U C W 'fl U W U N } litio F � e. QED I Q E m Z zi3 N E fP c E� �E '.genda Irem No. I DA Agri! 21. 2007 raae 150! 48 m N � N m N fj N N u N O O I. I. I . . I I I. I I . w w N N ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ Q ¢ Q ¢ ¢ ¢ ¢ ¢ ¢ ¢ =p m m O m r L m m m m m m m m m m m m m m m m m m ¢ m ¢ n n ¢ ¢ U Z (p O m 2 2 U u a a J � d d a a a a a a a a a a d d a a a a a y a a a m m . . . . N N m N o o J a® m y Y m d ! Z .p cm 2 C7 c % Sd LL O d O d V= Sxmvm � 1G'1 p m LL Q (IJ OO N Ff O S S O O S S t Sp y S ry O O S S O S S O S O O S S S S m V m y c 0 U d LL SIN l0 — U E m d U' U N m Ii Y Q Y y C O y U OE y D W 3 C O U O m C m O CC O �• UO a w d m U d N Dc N a m W m 0 N n y d t m C N W a m Vf W N N G l0 D d y m E m LL C n a C7 H h C m o W N E vi rn N G' 3 w m m y= g m m 0 D o' w`m� mDm mm c °u m`-°'Dy mo `m�'omgm� d =5 F m y yam E „ti Pc j 9 ° NUxF mD�a S c U N _ g S o A w o u m m a N ' . m _ 5 U N J N S Q IS m to 0 0 00 00 O ' N8 T p p =p m m O m r L LL 4W 4 lz U Z (p O m 2 2 U u J � r � J � u O S S O O S S t Sp y S ry O O S S O S S O S O O S S S S m V m y c 0 U d LL SIN l0 — U E m d U' U N m Ii Y Q Y y C O y U OE y D W 3 C O U O m C m O CC O �• UO a w d m U d N Dc N a m W m 0 N n y d t m C N W a m Vf W N N G l0 D d y m E m LL C n a C7 H h C m o W N E vi rn N G' 3 w m m y= g m m 0 D o' w`m� mDm mm c °u m`-°'Dy mo `m�'omgm� d =5 F m y yam E „ti Pc j 9 ° NUxF mD�a S c U N _ g S o A w o u m m a N ' . m _ 5 U N J N S Q IS m to 0 0 00 00 O ' N8 y c 0 U d LL SIN l0 — U E m d U' U N m Ii Y Q Y y C O y U OE y D W 3 C O U O m C m O CC O �• UO a w d m U d N Dc N a m W m 0 N n y d t m C N W a m Vf W N N G l0 D d y m E m LL C n a C7 H h C m o W N E vi rn N G' 3 w m m y= g m m 0 D o' w`m� mDm mm c °u m`-°'Dy mo `m�'omgm� d =5 F m y yam E „ti Pc j 9 ° NUxF mD�a S c U N _ g S o A w o u m m a N ' . m _ 5 U N J N S Q IS m to 0 0 00 00 O ' N8 N $� as Q m " n v L-7 MQ i a CO E ; N N W '�O U W V r y a p• e " a c link. E m u� Z C N � m Cyd N G b N', N k4 j Y 0 8 Y W h �o V e o c z e V ai m a k 0 0 Agenda Item No. 10A April 24. 2007 Page 20 of 40 cli m N e m h e e @ N 0 L� F W W W U 2 Z Z U � W V V ~ Q y v U 0. Z F. H U O8 p N N N= i d _ N N N N N 2 S S S S S S S S S 0 0 S S S S d O N ^ N N V O N r N 0 s Q LL °� i0 m S an d o ud ° d N m LL Q C c j R p i u a O w d m d a y ro y - `o m r6 T $ d c @ a a d@ m 0 o a $ q c E c o U y �' E Y— � ;n — d bLLa a n G3' c dLL>2 Ea c aU dd.d U' d N r$ 5� O 'w d Q m y Edda T$ P 0 0 0 m 0 N 0 N to 0 Q Q Q Q Q Q o v v e a e _ o 3 aaa iaa N n m �n m n m ro n ro ro n o n n o a s sa a a a a a a a s a a a a O � Q O N 0 L� F W W W U 2 Z Z U � W V V ~ Q y v U 0. Z F. H U O8 p N N N= i d _ N N N N N 2 S S S S S S S S S 0 0 S S S S d O N ^ N N V O N r N 0 s Q LL °� i0 m S an d o ud ° d N m LL Q C c j R p i u a O w d m d a y ro y - `o m r6 T $ d c @ a a d@ m 0 o a $ q c E c o U y �' E Y— � ;n — d bLLa a n G3' c dLL>2 Ea c aU dd.d U' d N r$ 5� O 'w d Q m y Edda T$ P 0 0 0 m 0 N 0 N to 0 Q Q Q Q Q Q o v v e a e _ o 3 aaa iaa E Z O� I N 9 q c 5 d d T 8 S S O O O O r Y W _ o 3 U m E Z m d � Z 9 q c a m o LU W $rmd =dm Dc IL y R d N f mU3Ut7 U N Q O m g �Q n "? m °o a" r O G Q d Cm U G � Y/ y V m Rw U Q S S S S S — 8 Y H m d w N ,genaa !tem No. 5A 4pril 24. 2007 ^ age 21 of 48 e ' n ml H r N <<< N �< << N N N < Q p < Q Q E0o a $ N O 08008 S Q 88 N In N N h In y U N a a a a a a fie.. U d d a a a Y a d a a a a n a s rn . . . . Cc . . . . m N V m m EE0 Q rN C E im ;= z aaaa a N1 9 a d W d N 6 N K Y O G L P d P d P a�oimm a a a a a a n11l w u< o c NI ie Q ¢ .ro E y m m u Q i y N �N �I Z•m m =%a_ ¢ v. Q : - w¢ tU cp c in a u ac �3 m fu O ;s. O .n T 9 = E E `O 0 0 S O G m C m N J N p j 4 c 0• Q N L N N J V m j Q S S S S S — 8 Y H m d w N ,genaa !tem No. 5A 4pril 24. 2007 ^ age 21 of 48 e ' n ml H r N <<< N �< << N N N < Q Q Q < Q Q Q U O 08008 S 00 00 88 N In N N h In y U N a a a a a a O O U d d a a a a s a d a a a a n a s rn . . . . Cc . . . . m N V m m q U C N1 9 a d W d N 6 N K Y O G L m n n11l o_ u u< NI ¢ .ro E y m m u i y N �N �I m m m m m 0 S O p S S O C O 08008 S 00 00 88 080 S S O O U N r t+1 Cc 0 2 Y U Cc m N V m m q U C N 9 a d W d N 6 N K Y O G L m o_ u u< ¢ .ro E y m m u i y y m o oa `m $ y t y = oo m $'� ° Z•m m =%a_ ¢ Q : - w¢ tU cp c in a u ac m O O .n T 9 = E E `O 0 0 S O G m C m N J N p j 4 c 0• Q N L N N J V m j C q 6 m C C m m m N J m J a a p O m O 9 O L< 2 'p 0 0 C0 q m G `m ndo J Q O � �Um 1 N O d �d Il df% W 0_3 m U2fAm W Vl UJ (A N�� y IL ILJU fA2 f%J f%1 fn fA 4l N �� 6 S I pp O o 0 pip a C N Q O O O 0 Q c W J 2 Ltj U O W Z W Q W � H w Agenda Item No. 10A April 24, 2007 Page 22 of 48 Q ^ N m [V Q m U N m m m m m m¢ a� � o n a a a a N N m, d a a � d a a s of N o^ H q m Y O J G Y E n R NN N tUfi � a LLaa w d G E � p W W W � U 0 Y im(1 N O N h m Y Y f M q C Y x q � 6 ¢ m d 8 a r`n n w ■ F S N p N V T CN — O 1wp N pip a C N Q O O O 0 Q c W J 2 Ltj U O W Z W Q W � H w Agenda Item No. 10A April 24, 2007 Page 22 of 48 Q ^ N m [V Q m U N m m m m m m¢ ogg � o n a a a a N N m, N� a a LL a a d a a s N H m ^Y mE m H w 'm 'yi W y O (GJ O CD O CF r'�FCY+ c w m C T c � :� c E v X QV Omm w O �o O ¢ E S •i „ +° E O oLL = o o j 0B¢ = w m O O n N Q . ¢GQ Q Q m m m m m ogg � o n a a a a N N m, N� r N ^Y mE m H w 'm 'yi W y O (GJ O CD O CF r'�FCY+ c w m C T c � :� c E v X QV Omm w O �o O ¢ E S •i „ +° E O oLL = o o j 0B¢ = w m O O n N Q . ¢GQ Q Q m m m m m ogg � o n a a a a N N m, N� 0 N N N N y ogg � o N -N+ 2 z z W c � o g n Y o � V u a v W CO c o d (J L O p A O jm ¢ V LL 8 000 o g O 0 8 /\ § � 0 �/ E U { §� § \ \} \� \� } ). \} }� }k � w E@ a a a A ait N A ;m2 < e»sz« ............ .. �� ............ .. �, ............ .. ),... 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N E0E Q x aEE N N r O O N 0 0 Agenda Item No. 10A April 24, 2007 Page 24 of 48 e a c OF VI N m n ¢ << ¢ ¢ ¢ Q ¢ Q Q Q U N N d N N N d d - H % N -G-5 rc S 880088888888 8 88 0 8 8 8 8 SS8 S m � r � ~ W h O a o c W = E Y ° cc F. § -° m Aid E U Ep i f -0. d w rn d Q a 3 s c cP3 E 7 d c p m E U xm u a a« L & . a° U rn d $ dd _c 7 Y co_ g « d o_ d $ E 2a m y 3 y ¢> ws d�-E m oo °g =m dv 2a wF U c`q° cc a a` Z Z 8 a on a E 3- i° a n d° c_ °0lp % U U E - a m n° y H 2 @ a U d '2 d ° ad N N UU@ tE 6d f¢ c4 = S rq a w r 05 m a m a m a o¢ U a W E y w m A n A A a a s a a a a a a a a a a e m1 o e N b N N d N N N d d - H % N -G-5 rc S 880088888888 8 88 0 8 8 8 8 SS8 S m � r � ~ W h O a o c W = E Y ° cc F. § -° m Aid E U Ep i f -0. d w rn d Q a 3 s c cP3 E 7 d c p m E U xm u a a« L & . a° U rn d $ dd _c 7 Y co_ g « d o_ d $ E 2a m y 3 y ¢> ws d�-E m oo °g =m dv 2a wF U c`q° cc a a` Z Z 8 a on a E 3- i° a n d° c_ °0lp % U U E - a m n° y H 2 @ a U d '2 d ° ad N N UU@ tE 6d f¢ c4 = S rq a w r 05 m a m a m a o¢ U a W E y w m A n A A o � d a� 4 0; S r u a= E to U N h W ,D d ip` W C (Vj R V1 Agenda Item No. 10A April 24.. 2007 Page 25 of 48 Gri r � u1 Q Q 1tOO fed i h 2 U O V U U m m m m m m n n n n n n n n mr m m m m O O O stn a a a a i n a a a a a d a C d Ya a a a EJ Obi C N . r � N fV O I� e � h1 M^� O Z N V b N a N S O O . H S S S S LU Q N N a m= m'm Ic c c ° mc_ 0 0 =A m v o Q m UU cp C m N 1 U 41 Z O O G vVi p j 0 U m> 0 6 e Q � Y. a O o o Q fA �.Y Q(n Il QUN �0M dm 11�Ud LL G p p I C Q 4 0; S a t CL W t W V E U) N W V U C U N 5 ;a E W Y S-h R .�y c E� a U a a b 0 8 8 2 H L_ O TL C Q o8 c ` ° a t IL i 0 m `6d�( 8. q j IL O C " m n 0 Z Q R W Agenda Item No. 10A April 24, 2007 Page 26 of 48 8 Q Q u C m m m m m m m m m m m of t0 at Q• at 9 m m Q! at m m m 8 3 8 888.85$85 88 0 a a naLLaaaaa o aaaaaaaa as a o N U a a b 0 8 8 2 H L_ O TL C Q o8 c ` ° a t IL i 0 m `6d�( 8. q j IL O C " m n 0 Z Q R W Agenda Item No. 10A April 24, 2007 Page 26 of 48 8 Q Q Q Q Q Q Q Q Q Q Q m m m m m m m m m m m of t0 at Q• at 9 m m Q! at m QI at m m 0 a• Q• QI 0 m m 8 0 80888880 8 888.85$85 88 0 a a naLLaaaaa a aaaaaaaa as a N N N O O uf� N tOp tOp Ni i INp 0 % � W N O C LL � m❑ Y IL W O i0 d W Q Q Q = m a y Q n n a P 2 L 0 0 0 O O n D W 0444xx01` 2 o nnnnnon °` =nnnnom ygo Te ss�iNN��a`ma c� 8 88 8 8� 8 °oo n° eo0 ❑8 p❑p ❑ pO ❑p ❑ % a LL Il LL LL LL LL LL j "O c0 i O O R o O U O 9 B W O _�❑ xxxxxxxs�C? �33i�3imnw; 8 N O O N N O O 0 0 0 0 0 0 0 0 n 8� N ' N N N N Cl O CO' 06 � � N m 0 0 m m m E E E ro W a a ro W W W ro m m 8 0 80888880 8 888.85$85 88 0 r m N N M � Cj r D7 r C Q r t[f t7 CV r 6 (V N N N 0 % � W N O C LL � m❑ Y IL W O i0 d W Q Q Q = m a y Q n n a P 2 L 0 0 0 O O n D W 0444xx01` 2 o nnnnnon °` =nnnnom ygo Te ss�iNN��a`ma c� 8 88 8 8� 8 °oo n° eo0 ❑8 p❑p ❑ pO ❑p ❑ % a LL Il LL LL LL LL LL j "O c0 i O O R o O U O 9 B W O _�❑ xxxxxxxs�C? �33i�3imnw; 8 N O O N N O O 0 0 0 0 0 0 0 0 n 8� N ' N N N N Cl O CO' 06 � � N m 0 0 m R m !� a ai n r O CL � E d m U E; 'N y W 9 •p V Q ' C CyO e' G w'M `fi c i Q 'a r, E N o n +: c 0 _T Q 8 m ti AgenCa Item No. 10A April 24.. 2007 Page 27 of 48 N ? U U U U U U w W W w m y a aa`aa auaaada a (7 C d d G m T m q m a, co; a v a.mo a a a s a a d a a a E5 N♦ ♦ . m m m ♦ N N♦ N Yi N 0 m m omt0 a10Wg n aJ E$ `m i O ria 0 N m N N N N N d d S S 88 O 8 8588 Q 0 cl m m m m m m m m m m m m m y a aa`aa auaaada a (7 C d d G m T m q I U a E E O a c; LL 3 m 0 O' in o o Z t P w m m m m m a `a 15 E5 N �_a m m m ° o 3 N 0 m m omt0 a10Wg n aJ E$ `m i O ria t-2 c a y r 3 of Z5 D vi =`n r3 ���yO�n `mom e`IZ ii 2UY O 0 0 0 0 0 0 0 0 o m O a m m m m m m m m m m m m m O S aS = m C a aa`aa auaaada a (7 C d d G m T m q I U a E E O a c; LL 3 m 0 O' in o o ° y t P w m m m m m a `a 15 8 8888 M �$ma N a e m N Vi g Vi y H.9 y S8o8SS8 S m m � N O S aS = m C 00? a x 3 (7 C d d G m T m q U a E E O a c; LL 3 m 0 O' in o o ° y t P w m m m m m a `a 15 E5 m m m o N 0 m m .. Q a a M a a °o a t O a= � E d c ip U E ; HN W a � W R U 5 W ,p .qt C b6 C r J} E z N C 0 E0 B y` a. 'a E O Y Y A H O S. O O a . m m O O 0 0 U U U) 0 h Q vy C7 � � FW- 3 c a 2 3 i� N y SS p 3 E m d d � m w m U 0 c � w H c 7'm N NinU o � QN q O F� 0 0 0 U y � W w O y J a 8 H q Aaenda ktem No. 10A April 24. 2007 Paae 28 of =8 0 m rn m rn rn m rn m rn m m rn m m m rn rn m o rn �m¢o a ¢ rna i rn mviaad aioy N. a a a a d a a a a a a a a d a a a a a a a . . . . . . . . . . . . . . . . . . . . — N = = 2 N N N g N m N N N N _ _ °ogggog °o8 08888800 .- ri of n Ic ni O O O 0 0 � d ms E U `o H E m U a_ d 'u. m E E D e y E m m' a LL V d d D t V A 0 c a O N D = O R U d U E o z o a 3 A E a .m rn C J E E y ¢¢@ cc m. m d 5 5<� —Hi a m a m < 0 0 0 0 0 0 - p N a m m m ¢ a s N • e 0 m O �m m 0 0 U U U) 0 h Q vy C7 � � FW- 3 c a 2 3 i� N y SS p 3 E m d d � m w m U 0 c � w H c 7'm N NinU o � QN q O F� 0 0 0 U y � W w O y J a 8 H q Aaenda ktem No. 10A April 24. 2007 Paae 28 of =8 0 m rn m rn rn m rn m rn m m rn m m m rn rn m o rn �m¢o a ¢ rna i rn mviaad aioy N. a a a a d a a a a a a a a d a a a a a a a . . . . . . . . . . . . . . . . . . . . — N = = 2 N N N g N m N N N N _ _ °ogggog °o8 08888800 .- ri of n Ic ni O O O 0 0 � d ms E U `o H E m U a_ d 'u. m E E D e y E m m' a LL V d d D t V A 0 c a O N D = O R U d U E o z o a 3 A E a .m rn C J E E y ¢¢@ cc m. m d 5 5<� —Hi a m a m < 0 0 0 0 0 0 - p N a lgenda liem No. 1Gfi Q Rprii _4.2007 Page 29 of 4o n °o N "m +v 6to ' F�v MA; Q y m m m m m m m m m m m m m w mrnmrnrn rnrnmrnm mm m m0 o0, a0im0 m m rah rnrn v, x'.�e ay m o. m m mmo; o.a w m ¢ rn a a a a a a a m N O d N N crni N v rz Ey N w Eo 0 0 N W d W V le 0 8S8S8888SS S88 888858 8 $ g .- E o�nvoQOm � H O N O N w a i 0 a Q Lm A m z 41 Y =0cc aA j J g t,c au 2 �. oLL h w °ca Q Q E m m in i o to timi=d cm W dw�`c mo 2 Q mUc2 co w9c n Q x c 3 W o �Fm m rd ' o o m N w 3 Q5 a-IL 12 Cc w � 0.0 E �o •N Q u .� =3 3�dax m °p J xy- ?vwm°�° IQ LL and m m d o `o 'o $_ .0 0 0° E c g 8 g c c 8 oyi w N N y 'R O� m Of m "+ 4 of K NS Q Q R U E N y W v '�O U � U r Agenda Item No. 10A April 24, 2007 Page 30 of 48 0 o- `FF 8q:"ti o QE, Q 3,. E W W W W W W W W (�J U U U U U U U U U LL LL IL LL LL a a a W a a a a a a a a W a d a a a a a a a s N v N m m (° NJ °E m m m H al. .i:3 n o vo � ° e e v a " 000E d N N m N N oz S88 8 °00,0 00 8 8 8 8 8 88 8 0088 °0800 88 mC y r CJ e W H Q $ U m m m m m O J = a G d 0. m m > 0 T c g a`m m a E C o �vu m' t jy_r°Q'�a g W m a:_CC 0 00 m`gd mi'IF c N m O Z W C Ll m N= U 4 n o° a a ° 00 , m W v Q o, ^ 4 vi n t r O a O io U H y W 9 .O U R U N bY? TT: OOE Q E ^�y Z m m 9 � C m L T C N c r m m O m m N O o t0 0 3 2 c m m w ° =aciLLa3 a`a�m =�a`v� E o , Aa2nu'� !tern No. 10A April 24 2007 Page 31 of 43 m m m rn N g N m Q A r Cl Ol p 0 P m m m m m o °o. C O Oi pr C Oi P � Q a a s a d a a a a a N v o 0 m N N W H 0 O ] N OO O Q m O m m 9 � C m L T C N c r m m O m m N O o t0 0 3 2 c m m w ° =aciLLa3 a`a�m =�a`v� E o , Aa2nu'� !tern No. 10A April 24 2007 Page 31 of 43 m $ 8S mm N N g N m Q A r Cl Ol p 0 o °o. 8S SS 8 < EoE d e m m 9 � C m L T C N c r m m O m m N O o t0 0 3 2 c m m w ° =aciLLa3 a`a�m =�a`v� E o , Aa2nu'� !tern No. 10A April 24 2007 Page 31 of 43 m $ 8S mm N N g N m Q A r Cl Ol p 0 o °o. 8S SS 8 a a e 8 8 S S m N N v o 0 m N N W H 0 O m m 9 � C m L T C N c r m m O m m N O o t0 0 3 2 c m m w ° =aciLLa3 a`a�m =�a`v� E o , Aa2nu'� !tern No. 10A April 24 2007 Page 31 of 43 IO m $ 8S mm N N g N m Q A r Cl Ol p 0 IO Q 0 o W � y U W J J J Q 3 � � n 2 y d QSyS V m v a m $ 8S 8 S S g N m Q 0 0 0 0 0 0 a a d a a e N Q 0 o W � y U W J J J Q 3 � � n 2 y d QSyS V m v a m $ 8S 8 S S g N m Q N r d Y ] q O q ] f- a m � M 3 c U G Orn m2 _n t 0 �i 0 n a U LL m 8 $ NO Qy�O y� O O O O O O 0 R 8 n "a a' 4NOi n u t C ¢ E d O E; N y W II `c W II U W U to Agenda Item No. 10.A April 24, 2007 Page 32 of 48 bf N N P: C i0 1p aaa a a m m E n n a s ¢¢ aaaa D- 0 0 0 0 0 o a rr, o 0 0 0 0 0 0 0 C E LL O z Agenda Item No. 10.A April 24, 2007 Page 32 of 48 bf N N Y X H aaa a a m m a s ¢¢ aaaa D- 0 0 0 0 0 o a w .O. o 0 0 0 0 0 0 0 C 33 LL O x 6 ; a a 305 Y Y Y LL a a Y a Y a Y a a Y a Y a Y a a Y Y Y a a LL a G LLm W Um $� O wLL c E iy F- n ma- umL n_ X LL: Or 2 O LL LL O (- LL 42 O m - F- - m m H -C W N O NO jQQ� ^ D a Q °oE L �H Y X H 0 n N N 0 0 Z � a J O i W W h N N m e a m N N� 8 X O !n y H U L f O ,a 8 S S S 8888 C) � D- 0 n N N 0 0 Z � a J O i W W h N N m e a m N N� 8 X O !n y H U L f O ,a y D- 9 w .O. q �' O y S O 10 C C 33 LL O x 6 ; a a 305 8m $am G LLm W Um $� O wLL c E iy F- n ma- umL n_ X LL: Or 2 O LL LL O (- LL 42 O m - F- - m m H -C W N O NO jQQ� 0 n N N 0 0 Z � a J O i W W h N N m e a m N N� 8 X O !n y H U L f O m e, M Q o; n a r- 0 Q rd. ea U W ,p UE 'O U � U y N m N d A A A d d R d d d d d N d o SS 88SS8S8 OS P N .- O Y A f N N N N O n P P P P a a E Oc qV N c oLL a E y mC1U O ma y m S of c E E O N E W m U U p a g O N v µ a E R/' A ;2 1l �•: Q Q m 61 m m S] (➢ fL 6] m •� N o c 44V,i E�E d a ^: 3 N m N d A A A d d R d d d d d N d o SS 88SS8S8 OS P N .- O Y A f Agenda Item Pao. 104 April 24, 2007 Page 33 of 48 N O O gyp' S p m N A P P P P a a E Oc a N c oLL a E y mC1U O ma y m S of c E E O N E W m U U p g O N v a Agenda Item Pao. 104 April 24, 2007 Page 33 of 48 N O O gyp' S p m N P P P P a a a s a a O N11 S of c N m p Ip • S O O S S O m N Cd I.i N Laj u W W o W S ig ie ou~ y O °��n'un LLm °o 30E wm °d -°-� °— A`d�Ag U' C7LL (7u V O rp 8° $ O p O N N N S $ O N R � ^ • r a g Q w � 4 Ci N S u PQ c. E m o TO U in m W a � W a� R U w N Agenda Item No. ^CA April 24. 2007 Paa-- 34 of 4& n H n O N ^ N i QED Q IL E 00 0 0 0 0 0 0 0 0 0 0 000 00 0 0 00 00 �2 t2 r r r 2 r N �2 �2 �2 �2 r r �2 �2 IA IM1 ,d M o E i. S _ - - lu- 8 W N F y Y m N fl! 4 O OI T m Ur 9 d U d 0 L 'D C cc N E C O 6 N NJ Z Y O m C C J 'O m C C m N m Z` d o ¢ 'E E m m T c7 C7 c N a` m o C7 E 3 .8t- -� W m= v c° m 3 v� m m d E Z W q� ¢ c o miv iro `o ¢° mU c d m i.m= c I: E g e w y�j .�.i -�`y3 0 �o� acd c7W- °0-'c7 3 " m o 4 E a8 g U ¢ 8 & 6Q _`u ¢ °Sot L p E: E m "a a�o,mm o.$?dm mn'ymm �c o =�og`m E.5 v"- mo c i° m c° ?: - 3 '0 : a m c m m y 'u. m m? c N d O m m W U J U V J .a S 'n g o m U m U N m U c N s m E c c' n y n a J d m.a E m a a a m 'a 'a 2 'a S W 3 r 3 0' m o U E m m e o o._ o f � oidho�_Umc�_a¢LL3c>u.aom O o4� N N N N N N N N N N N N N N p N N N N N N N N N R y O N � m '¢ a� M 4 0; n 0 a t O a= ¢ E d R U E N H W 4 -00 as U EE'o �i d m � b o ee l Q 7'. E N Ib n e I m N b a E Y W 1- Fo_enoa Item No. ?0,q April 24, 2067 Page 35 of 40 m m m m m m m m m m m m 12 12 t2 t2 �2 �2__ n Wr b n C Oi O: o C Qr O' O� Dr ¢ OI n a c a er i c a Q � e m m m m m m m m m m m m 12 12 t2 t2 �2 �2__ _ C Oi O: Dl C Qr O' O� Dr ¢ OI n a c a er i c a Q � N N N w h w N N N N 880S880o 88 08 N Q W Ip O r O E W U Z h N E N F F O w O E %E_W`eo CL Lu o W E m 2 W w E ��Usv w �, h. �. � SC y# C va O c O E N =t mw 0 e W Q O 6 1 4 n w m m m 8 m 3 c u w fy O c 0 der d`LL (I ILw C CU Cy O .qr O N r � O O S O O O O S O O S OI O n Y m z � E a E 01 O an d N w Q C d O v J (�7 c� W D Z U 9 y U N G W 0 W N may. O N N'C E�c�. W W W x 5¢ S O a � 8p N N N N N N N N N N N 8N '" r C Oi O: Dl P Qr O' O� Dr ¢ OI a s a c a er i c a a a m r aJ <I N N N w h w N N N N 880S880o 88 08 N Q W Ip O r O E W U Z h N E N F F O w O E %E_W`eo CL Lu o W E m 2 W w E ��Usv w �, h. �. � SC y# C va O c O E N =t mw 0 e W Q O 6 1 4 n w m m m 8 m 3 c u w fy O c 0 der d`LL (I ILw C CU Cy O .qr O N r � O O S O O O O S O O S OI O n Y m z � E a E 01 O an d N w Q C d O v J (�7 c� W D Z U 9 y U N G W 0 W N may. O N N'C E�c�. W W W x 5¢ S O a � 8p N N N N N N N N N N N 8N '" r N g m R rn^ w a a S a V 0 a= Q� W U E; N W y d 9 A W U r Cl) ^ o E W s = N I'§ u a Y!G4 y o� k E 0 8 Y W H W y O Q+ a a a a N N 1n Q ° Y a a a a O a 0 0 w n O 0 y W W WQQ n o c QWSY Y `m m a E E N N 1n Q ° Y a a a a O a 0 0 w n O 0 Agenda hem No. 10A .April 24. 2007 Page 36 of 48 a s a a s a¢ a ¢ ¢ a a a a a a c° (O O (O b b b t0 O b (O t0 m t0 C7 b y W y W W WQQ Q W c QWSY Y `m w E E V m o d W Q y LL rn j 41 °0 U °0 00 88 8 88 8800 8 W' T O m O 9 80088 8 a a L 6 N rj C S 8 0 08 8 8 V V y �. f° .3 E V m W lq = N Lq N .- O N O O m E `° °C m f U °i .- ° °ry " m y U N 21 m N C E m O Agenda hem No. 10A .April 24. 2007 Page 36 of 48 a s a a s a¢ a ¢ ¢ a a a a a a c° (O O (O b b b t0 O b (O t0 m t0 C7 b y W y W W WQQ Q W Q QWSY Y `m w E E m o d W Q y LL rn j 41 °0 U °0 00 88 8 88 8800 8 W' T O m O 9 80088 N a a L 6 N rj C S y Ci y y U c N L E T( D V V y �. f° .3 E V m W lq = N Lq N L O N O O m E `° °C m f U °i .- ° °ry " m y U t Y C y O m i0 mmyw m m `m w E E m o d W Q y LL rn j 41 °0 U °0 00 88 8 88 8800 8 W' T O m O 9 80088 a a L 6 N rj C S y Ci y y U c N L E T( D V V y �. f° .3 E V m W lq = N Lq N L O N O O e E `° °C m f U °i .- ° °ry " m y U N 21 O N C E m t Y C y O m i0 mmyw m m `m w E E m o d W Q y LL rn j 41 U E i'. o mpp V1 5 m�-y n 'J U E m cLL zw m C = O W' T O m O 9 W a m O O T U Q n 6 a a L 6 N rj C S y Ci y y U c N L E T( D V V y �. f° .3 E V W lq = O L O N O O E `° °C m f U ° °ry " m y U 21 N C E m .-. E o d o 6 n> mQ o o xm 2 u a o 8 m E °-' °c o m > °a u$? c S n 5 Q a U • 3 a m 3 '1 LL n i p N N N N Z 2 U v� N W J U N H O m m F F p r LL n vi a H c) a I I r � � m i a� M d of S a" O a` a C R U N h W 'a U R` e EEo d 0 v' r. ?` o •1 o r N � N m N N 0 N N H IN C ' ' IQ to Agenda Item No. IGA April 24, 2007 Page 37 of 48 N O o a a a ¢ a s ¢ a mm m n N H IN o 0 0 d a a a s a a 0 S 8 88 •- •- 8 N Ol 88 N N N N O O n m 8 N m H 8 •- N n N N N y m H n. c to Agenda Item No. IGA April 24, 2007 Page 37 of 48 N O o a a a ¢ a s ¢ a 0 U_ _ N f: o y o m vy Z % 6 C u m w N g '0 D O m''a in E °UNC�md n O1p9 t ffi S�x'q W pc W j d m 1- _N a$ • J U N D O 1/ °v�I 0 �i N 'n-' d T d O y° E 1/4 � m7N CN � 11 f4 OU p� TO O C, V 0 O J 7 0� V j 3 h O O O O Y e r j m O N m n N H IN o 0 U_ _ N f: o y o m vy Z % 6 C u m w N g '0 D O m''a in E °UNC�md n O1p9 t ffi S�x'q W pc W j d m 1- _N a$ • J U N D O 1/ °v�I 0 �i N 'n-' d T d O y° E 1/4 � m7N CN � 11 f4 OU p� TO O C, V 0 O J 7 0� V j 3 h O O O O Y e r N N 0 d d 0 0 0 0 0 d 0 N a 0 S 8 88 •- •- 8 Q U 8 N N O 88 N N N N O O 8 ^ 8 8 N 80 N 8 •- 8 •- 02 0 U_ _ N f: o y o m vy Z % 6 C u m w N g '0 D O m''a in E °UNC�md n O1p9 t ffi S�x'q W pc W j d m 1- _N a$ • J U N D O 1/ °v�I 0 �i N 'n-' d T d O y° E 1/4 � m7N CN � 11 f4 OU p� TO O C, V 0 O J 7 0� V j 3 h O O O O Y e r §■ \ a \ E w\ 2j %� S Aaenda amNo. ,a April mz7 Page Sea |§ § -- i \ \ , c §§ k N k 2 ) 2 \ \ § ( } ( �| f- LL. k)i§ Aaenda amNo. ,a April mz7 Page Sea |§ § -- i \ \ , c §Q�(\( N K /} 2 ) 2 !2 §§ Aaenda amNo. ,a April mz7 Page Sea |§ § -- i \ \ , c , !2 §§ k �| f- LL. k)i§ a r`a.uc'nua item No. 104 April 24.. 2007 ?aae 39 of 48 April 11, 2007 ATTACHMENT COLLIER COUNTY EMERGENCY SERVICES CENTER BUILDING "LIST OF ALTERNATES INCORPORATED IN GMP" ALTERNATE #1: Provide Site Cast Architectural Concrete Wall Panels in lieu of specified Architectural Panels. This change will include a multi color Tex Cote finish in lieu of integral color concrete; include a Drylok waterproofing to the backside of the concrete panels in lieu of a cementitous waterproofing, a 30% reduction in the amount of horizontal caulk joints, and a reduction in the overall schedule from 21 months to 18 months DEDUCT - 1,134,973.00 ALTERNATE #2: Provide alternate Building Control system for HVAC (Boyd) in lieu of Johnson Controls system DEDUCT - 661,33100 ALTERNATE #3: Provide Ornamental aluminum posts for fence sections on West and South sides of property in lieu of precast columns DEDUCT $ - 240,000.00 - ALTERNATE #4: Provide Ornamental aluminum fence and gates in lieu steel as specified DEDUCT $ - 115,066.00 ALTERNATE #5: Provide alternate Audio Visual Subcontractor (Vertex) in lieu of Johnson Controls DEDUCT 177,894.00 - ALTERNATE #6: Provide Generator automatic transfer switches for owner provided generators. Generators to be installed and tested by owner DEDUCT Page 1 of 4 - 1,742,600.00 Agenda Item No. 10A April 24, 2007 Page 40 of 48 ALTERNATE #7: Delete Signage imprint into precast concrete panels on east elevation and east side of south elevation (leaves a $35,000 signage budget for the cast in place imprint) DEDUCT $ - 58,500.00 - ALTERNATE #8: Provide alternate picket rail in lieu of ornamental screen at exterior stair landings DEDUCT $ - 4,800.00 - ALTERNATE #9: Provide alternate pre- manufactured shelter for Visitors Kiosk in lieu of Precast (similar to 3 sided bus shelter) DEDUCT $ - 233,000.00 - ALTERNATE #10: Provide Picket rail in lieu of Mesh infill for railings at 3rd floor DEDUCT $ - 8,450.00 - ALTERNATE #11: Provide hot dip galvanized grate at roof chiller and FPL vault DEDUCT $ - 62,682.00 - ALTERNATE #12: Provide stamped concrete at entry in lieu of pavers DEDUCT $ - 14,600.00 - ALTERNATE # 13: Delete 7LG Lift DEDUCT $ - 11,900.00 - ALTERNATE #14: Delete 4 of the 7 Curvilinear ceiling panels at entry lobby and provide ACT -I tile and grid DEDUCT $ - 20,200.00 - ALTERNATE #15: Delete tile borders (except in lobby) and provide field the only in straight laid pattern (except in lobbies 2, 3 and 4 to be on diagonal) DEDUCT $ Page 2 of 4 111 11 Agenda Item No, 10A April 24, 2007 Page 41 of 48 ALTERNATE #16: Provide approved alternate lighting manufacturer equal to specified DEDUCT $ - 29,141.00 - ALTERNATE #17: Enroll sub in sub guard program in lieu of subcontractors providing bonds DEDUCT $ - 102,000.00 - ALTERNATE # 18: Provide alternate finish to access floor tile in lieu of carpeting and provide rubber floor tile in 24" x 24" size in lieu of 40" x 40" to eliminate waste DEDUCT $ - 68,900.00 ALTERNATE #19: Provide alternate subcontractor in lieu of JCI for fire alarm system DEDUCT $ - 106,200.00 ALTERNATE #20: Provide alternate subcontractor in lieu of JCI for Security Systems ALLOWANCE DEDUCT $ - 90,000.00 - ALTERNATE #21: Delete 20 card reader devices and provide only conduit. Delete 1 pan/tilt/zoom camera and provide 2 fixed cameras DEDUCT $ - 18,900.00 - ALTERNATE #22: Delete stairs and pipe grid in TV studio. Provided by owner in future DEDUCT $ - 34,150.00 - ALTERNATE #23: Delete 2 UPS. Provided by owner in future DEDUCT $ - 192,000.00 - ALTERNATE #24: Provide alternate manufacturer (York) for Chillers and air handlers in lieu of Trane DEDUCT $ - 109,000.00 - Page 3 of 4 Agenda Item No. 10A April 24, 2007 Page 42 of 48 ALTERNATE #25: Provide alternate manufacturer for fire dampers, smoke dampers, ROV dampers, back draft dampers, Miami -Dade louvers, sheet metal spiral duct, VF drives and sound attenuators DEDUCT $ - 51,000.00 - ALTERNATE #26: Delete the requirement for insulation on all return air ducts DEDUCT $ - 27,000.00 _ ALTERNATE #27: Provide Ecosaire Series computer room units in lieu of Liebert units DEDUCT $ - 8,000.00 - TOTAL ACCEPTED DEDUCTS $ - 5.245.289.00 Page 4 of 4 A nda lie n N3. ?OA April 24, 2007 Wage 43 Y 48 RESOLUTION NO. 2006- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE BORROWING OF NOT EXCEEDING $8,580,000 FROM THE POOLED COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT TO THE TERMS OF THE LOAN AGREEMENT BETWEEN THE COMMISSION AND THE COUNTY IN ORDER TO FINANCE THE ACQUISITION AND CONSTRUCTION OF AN EMERGENCY SERVICES CENTER, INCLUDING THE REIMBURSEMENT OF CERTAIN COSTS INCURRED BY THE COUNTY IN CONNECTION THEREWITH,; AUTHORIZING THE EXECUTION OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH BORROWING; AGREEING TO SECURE SUCH LOAN NOTE OR NOTES WITH A COVENANT TO BUDGET AND APPROPRIATE LEGALLY AVAILABLE NON -AD VALOREM REVENUES AS PROVIDED IN THE LOAN AGREEMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. DEFINITIONS. Unless the context of use indicates another meaning or intent, the following words and terms as used in this Resolution shall have the following meanings. Capitalized terms not defined herein shall have the meanings ascribed thereto in the hereinafter defined Loan Agreement. "Act" means, collectively, Part I, Chapter 125, Florida Statutes, Part I, Chapter 163, Florida Statutes, and all other applicable provisions of law. "Additional Payments" means the payments required to be made by the County pursuant to Sections 5.02(b), 5.02(c), 5.02(d), 5.05 and 6.06(e) of the Loan Agreement. "Board" means the Board of County Commissioners of the County. Aaenda Item No. 10A April 24, 2007 Paoe 44 o'48 "Chairman" means the Chairman or Vice Chairman of the Board, and such other person as may be duly authorized to act on his or her behalf. "Clerk" means the Clerk of the Circuit Court for the County, ex- officio Clerk of the Board, and such other person as may be duly authorized to act on his or her behalf. "Commission" means the Florida Local Government Finance Commission, and any assigns or successors thereto. "County " means Collier County, Florida, a political subdivision of the State of Florida. "County Manager" means the County Manager of the County or his designee and such other person as may be duly authorized to act on his or her behalf. "Designated Revenues" means (1) Public Agency Moneys budgeted and appropriated for purposes of payment of the Loan Repayments and any other amounts due under the Loan Agreement, and (2) the proceeds of the Loan pending the application thereof. "Draw" means the borrowing of money under the Loan Agreement in accordance with Article III thereof. "Loan" means the loan to be made by the Commission to the County from proceeds of the Series A Notes in accordance with the terms of this Resolution and of the Loan Agreement. "Loan Agreement" means the Loan Agreement, dated as of April 12, 1991, between the County and the Commission, as amended and supplemented and as the same may be further amended and supplemented. "Loan No. A -37" means the Loan designated as "Loan No. A -37" the proceeds of which shall be used to finance a portion of the costs of Project A -37. "Loan Note" means a note of the County evidencing the obligations incurred under the Loan Agreement by the county on account of a Draw made in regard to a Loan, which shall be in substantially the form provided in Exhibit I to the Loan Agreement. "Loan Rate" has the meaning set forth in the Loan Agreement. "Loan Repayments" or "Repayments" means the payments of principal and interest at the Loan Rate on the Loan amounts payable by the County pursuant to the provisions of the Loan Agreement and all other payments, including Additional Payments, payable by the County pursuant to the provisions of the Loan Agreement. 2 Agenda Item No. 10A April N, 2007 Page 45 of 48 "Non -Ad Valorem Revenues" means all legally available revenues of the County derived from any source whatsoever other than ad valorem taxation on real and personal property, which are legally available to make the Loan Repayments required in the Loan Agreement, but only after provision has been made by the County for the payment of services and programs which are for essential public purposes affecting the health, welfare and safety of the inhabitants of the County or which are legally mandated by applicable law. "Program" means the Pooled Commercial Paper Loan Program established by the Commission. "Project A -37" means the costs and expenses relating to the acquisition and construction of an Emergency Services Center, as more particularly set forth in the plans and specifications on file or to be on file with the County and as the same may be amended or modified from time to time. "Public Agency Moneys" shall mean the moneys budgeted and appropriated by the County for payment of the Loan Repayments and any other amounts due hereunder from Non -Ad Valorem Revenues pursuant to the County's covenant to budget and appropriate such Non -Ad Valorem Revenues contained in Section 6.04 of the Loan Agreement. "Resolution" means this Resolution, as the same may from time to time be amended, modified or supplemented. "Series A Notes" means the Commission's Pooled Commercial Paper Notes, Series A (Governmental Issue), to be issued from time to time by the Commission. The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms, shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption of this Resolution; and the term "hereafter" shall mean after the date of adoption of this Resolution. Words importing the masculine gender include every other gender. Words importing the singular number include the plural number, and vice versa. SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act. SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that: (A) The Commission has been established for the principal purpose of issuing commercial paper notes in order to provide funds to loan to public agencies, such as the 3 Aoenda Item No. 10.A April 24, 2007 Page 46 of 48 County, desiring to finance and refinance the cost of acquiring, constructing and equipping capital improvements and to finance and refinance other governmental needs. (B) In furtherance of the foregoing, the Commission shall issue, from time to time, commercial paper notes to be known as Florida Local Government Finance Commission Pooled Commercial Paper Notes, Series A (Governmental Issue)" and shall loan the proceeds of such Series A Notes to public agencies, including the County. (C) Pursuant to the authority of the Act, the Commission has agreed to loan, from time to time, to the County such amounts as shall be authorized herein and in the Loan Agreement in order to enable the County to finance, reimburse or refinance the cost of acquisition, construction and equipping of capital improvements, including Project A- 37. (D) The County desires to borrow an amount not to exceed $8,580,000 in order to finance a portion of the acquisition and construction of Project A -37. (E) The County hereby determines that the provision of funds by the Commission to the County in the form of Loan No. A -37 pursuant to the terms of the Loan Agreement and the financing of Project A -37 will assist in the development and maintenance of the public welfare of the residents of the County, and shall serve a public purpose by improving the health and living conditions, and providing governmental services, facilities and programs and will promote the most efficient and economical development of such services, facilities and programs. (F) Loan No. A -37 shall be repaid solely from the Designated Revenues. Such Designated Revenues shall include moneys derived from a covenant to budget and appropriate legally available Non -Ad Valorem Revenues. The ad valorem taxing power of the County will never be necessary or authorized to make the Loan Repayments. (G) Due to the potential volatility of the market for tax- exempt obligations such as the Note or Notes to be issued evidencing Loan No. A -37, the complexity of the transactions relating to such Note or Notes and the uniqueness of the Program, it is in the best interest of the County to deliver the Note or Notes to the Commission pursuant to the Program by a negotiated sale pursuant to Section 218.385(1), Florida Statutes, allowing the County to utilize the Program in which it participates from time to time and to enter the market at the most advantageous time, rather than at a specified advertised date, thereby permitting the County to obtain the best possible price, issuance costs and interest rate for such Note or Notes. SECTION 4. TERMS OF LOANS. The County hereby approves of Loan No. A -37 in the aggregate amount of not exceeding $8,580,000 for the purpose of providing the County with sufficient funds to finance, refinance or reimburse the costs of Project A -37. The Chairman and the Clerk are hereby authorized to execute, seal and 1d ,genda Item No. 10.4 Apri!24 2007 Page 47 of 48 deliver on behalf of the County the Loan Note and other documents, instruments, agreements and certificates necessary or desirable to effectuate the Loan as provided in the Loan Agreement. The Loan Note or Notes with respect to Loan No. A -37 shall reflect the terms of such Loan and shall be substantially in the form attached to the Loan Agreement as Exhibit L The County Manager shall determine the date or dates of funding of Loan No. A -37 in accordance with the terms of the Loan Agreement. The Loan shall mature on such date as the County Manager may determine prior to the issuance of the Loan Note for Loan No. A -37; provided, however, the final maturity of the Loan may not be later than the expiration date of the Letter of Credit (as defined in the Loan Agreement) at the time of the Draw. Loan No. A -37 shall bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. Loan No. A -37 shall bear interest at the Loan Rate in accordance with the terms of the Loan Agreement. The County further agrees to make all Loan Repayments required of it pursuant to the terms of the Loan Agreement. The Letter of Credit fees for Loan No. A -37 shall be 30 basis points or such other amount as Wachovia Bank and the County Manager shall agree. SECTION 5. AUTHORIZATION OF PROJECT A -37. The County does hereby authorize the acquisition of Project A -37 and the reimbursement of any costs incurred by the County with respect to Project A -37 within the prior 60 days that are approved by bond counsel to the Program. SECTION 6. SECURITY FOR THE LOAN. The County's obligation to repay Loan No. A -37 will be secured by a pledge of and lien upon the Designated Revenues in accordance with the terms of the Loan Agreement. The obligation of the County to repay Loan No. A -37 shall not be deemed a pledge of the faith and credit or taxing power of the County and such obligation shall not create a lien on any property whatsoever of or in the County other than the Designated Revenues. SECTION 7. RESOLUTION TO CONSTITUTE CONTRACT. In consideration of the making of the Loan by the Commission, this Resolution shall be deemed to be and shall constitute a contract between (i) the County and (ii) the Commission and its successors and assigns (the Commission and its successors and assigns hereinafter referred to as the "Lender "). The pledge and agreements of the County herein set forth shall be for the benefit, protection and security of the Lender. SECTION 8. GENERAL AUTHORITY. The members of the Board and the officers, attorneys and other agents or employees of the County are hereby authorized to do all acts and things required of them by this Resolution and the Loan Agreement, or desirable or consistent with the requirements of this Resolution and the Loan Agreement, for the full punctual and complete performance of all the terms, covenants and agreements contained in this Resolution and the Loan Agreement, and each member, employee, attorney and officer of the County or its Board is hereby authorized and directed to execute and deliver any and all papers and instruments and to do and cause to W Agenda Item No. 10A April 24, 2007 Page 48 of 48 be done any and all acts and things necessary or proper for carrying out the transactions contemplated by this Resolution and the Loan Agreement. SECTION 9. SEVERABILITY. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof. SECTION 10. REPEAL OF INCONSISTENT RESOLUTIONS. All resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the extent of such conflict. SECTION 11. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. DULY ADOPTED this _ day of BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (SEAL) By: Chairman ATTEST: Dwight E. Brock, Clerk Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: David C. Weigel County Attorney Aoenaahem No. 105 April 24. 2007 Pace 1 of E3 EXECUTIVE SUMMARY To provide information to the Board of County Commissioners of the Collier County Water -Sewer District implementation of the Water Restriction measures, per the South Water Management District ( SFWMD) Water Shortage Plan, Phase II Severe Water Shortage declaration. OBJECTIVE: To provide information regarding the Collier County Water -Sewer District ( CCWSD) implementation of the Water Restriction measures, in accordance with the South Water Management District ( SFWMD) Water Shortage Plan, Phase 11 Severe Water Shortage declaration of April 12, 2007. CONSIDERATIONS: SFWMD Phase 11 water restrictions require water users to limit outdoor water use, and apply to water from all sources: public utilities, private wells, canals, lakes, ponds, and rivers. CCWSD potable and Irrigation Quality (IQ) water (which is a blend of reclaimed water and other supplemental ground water sources), is included in these restrictions. These actions are intended to produce a thirty (30) percent reduction in overall demand on our water resources by all users. These restrictions include requiring the CCWSD to reduce by thirty (30) percent the volume of raw water we are permitted by the SFWMD (Permit No. Re -Issue 11- 00249-W) to withdraw from our wells, for treatment at the water plants. Failure to comply with the SFWMD Phase 11 declaration constitutes a violation of the terms of the permit and could lead to a suspension, revocation or modification of the permit. Staff will utilize a range of communications media to promote public awareness of these measures. The main elements of the restrictions are: Residential Applies to outdoor water use from all sources: potable water, IQ water, private wells, canals, lakes, ponds, and rivers. • Landscape irrigation and maintenance for homes and businesses with less than five acres of land o Watering to be permitted only two days (dependent on home address number) per week 4 a.m. to 8 a.m. • Landscape irrigation and maintenance for homes and businesses with more than five acres of land o Watering to be permitted only two days (dependent on home address number) per week 12:01 a.m. to 8 am. Commercial Applies to outdoor water use from all sources: potable water, IQ water, private wells, canals, lakes, ponds, and rivers. • Landscape irrigation of multi -use family units and multi use complexes with less than A ° five acres of land J �.., -T.., k 1v Executive Summary Page 2 o Watering to be permitted only two days (dependent on home address number) per week 4 a.m. to 8 a.m. • Landscape irrigation of multi-use family units and multi use complexes with more than five acres of land o Watering to be permitted only two days (from a choice four specified days) per week 12:01 am. to 8 a.m. • Commercial vehicle washing is limited to: 0 75 gallons or less for cars, vans, and small trucks (under 10,000 lbs. gross vehicle weight) 0 150 gallons or less for large trucks (over 10,OOOlbs.) • Nurseries overhead irrigation is permitted: inside daily 8 a.m. to 8 p.m. and outside daily 7 p.m. to 7 a.m. Moisture stress relief for containerized nursery stock is permitted daily, 10 minutes per irrigation zone during daylight, seven days a week. Flood irrigation is permitted 8 days per month. • Agriculture overhead irrigation is permitted daily, 2 p.m. to 10 a.m. Moisture stress relief for field -grown citrus nursery stock is permitted daily, 10 minutes per zone 11:30 a.m. to 12 p.m. (noon) and 1:30 p.m. to 2 p.m. soil flooding is permitted ONLY for vegetables seed planting, rice planting, burning of sugarcane prior to harvest, and to permit harvesting of sod, with voluntary reduction. • Golf Courses 30 percent cutback from permitted allocation. In addition to the published restrictions by the SFWMD, the public is encouraged to exercise additional voluntary reductions in any potable water use. The CCWSD has promoted conservation of water sources for many years and through the Collier County Water Irrigation Ordinance 2002 -17 has imposed ongoing restrictions that reflect the SFWMD Phase I Moderate Water Restriction. As a result of these conservation measures the CCWSD is proposing to limit the Phase II thirty (30) percent surcharge as required by the Collier County Water -Sewer District Uniform Billing, Operating and Regulatory Standards Ordinance 2006 -27 to fifteen (15) percent. This request is a conservative approach to allow the utility to recover the ongoing fixed costs of continual operation. As a result of actual experience and actual duration of this Phase I1 period, staff will re- evaluate the revenue coverage of the fixed costs and return to the Board for alternative surcharges, as needed. Following the due process of public notification the District will return to the Board for approval of the fifteen (15) percent surcharge at the May 8, 2007 Board meeting. Ordinances 2002 -17, 2006 -27, SFWMD Permit No. Re -Issue 11- 00249 -W, SFWMD Restriction Notices for Residential and Commercial Use and Exhibit A — IQ Water Operations Protocol for Water Restrictions are included as attachments. FISCAL IMPACT: The fiscal impact of the Water Restriction measures will be the revenue loss, net of reduced variable costs, resultant from the thirty (30) percent roll -back in water consumption, r, a@flua Ile. I i4x l Executive Summary Page 3 GROWTH MANAGEMENT IMPACT: This project is consistent with and furthers the goals, objectives, and policies of the Collier County Growth Management Plan. This project meets current Growth Management Plan standards to ensure the adequacy and availability of viable public facilities. RECOMMENDATIONS: That the Board of County Commissioners are fully informed of the Collier County Water -Sewer District implementation of the Water Restriction measures, in response to the South Water Management District (SFWMD) Phase 11 Severe Water Restriction. PREPARED BY: Peter Lund, Division Operations Analyst, Public Utilities Division. Y1er�a Lzm No 1 _: Psi, COLLIER COUNTY BOARD Or CDUNTY COMMISSIONERS -- Item Number �F Item Summary: etunimenaannii Ie approve the ihlent of the Lomet County Wale, Sewer Datrr^t to i"tpl e9 Water Rest ts, _iisutss net Snuff lot AWD! Asl ,tae Gan i r DeLony. Ar,111,111fi ccblic J lh– Meeting Date: 41241500i 9.00.00 nM Approved By Peter Lund Operations Analyst Date Public Utilities Public Unties Operations V13200710'D2 AM Approved By Thomas Wades Operatic,, Double, Date Public Utilities Public Utilities Operations 411312007 10.05 AM Approved By Paul Mattauscb Water Director Date Pubbc Unllues Water 411312007 ID' 41 AM Approved By JamesW.Dr -ol, PuLba U410ia, Atlministrate, ...ue Puu.i, JNiG Public UVl6lea ACmnristretwn 4113230 "10 -5_AN' Approved BT t .r, inm tin 41 r i, l %ice..,11 .a.. 4, IT Apprm'ed By �.. Approved By r „h— r..a p r! ., - .te,.:r D' —fl Approved By "I'll I, v.oaa .f%mry G,ananer –e!r Boaro o; Cou,.y _,.unty ,tanagers Dania 411 C;2007 !put A 4,gem-,Z, Its, m N, i0? 4 ,,n 24 — LOF SOUT11 r IDA �VATER MANAGEME 1 a,-': Flol I "-)u FL V 15' 4 Nfz 111'al P. b", 24, 'l - 1. "L , 11,41,ATIM F j "`l `'I r v ' � 13 F CON 24 Permit No. 11-0O249-W ?application 1.-0 - C30K a--, fS I � --bruary 17, :',Icc COLLIE!? '_'O',;NT'Y PUBLIC ' _i' iLITES ','_-OLLIEF COUNTY PWS� EAST T_PI -I 1 TIM 1 7 FP, 11 B JAL D II NAPLES, FL 341:2 Z n 5: S1, lncerelvl Y.-1V 1 r _ -71 t T, 17 -11 1 t F-1. Ajen,,a Item No. 10B AP-P 24 20(17 Pa -e 6 of _3 =3_-1 FLCRIDA WkTER AkNAGEI•ENT DISTRICT • WATER USE PERVIT NO. 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Ta 58 Fe ^t 1 - 12" X 110" X JOC3 GPM We 1.1 Cased To 62 Fee*_ i - 12" X. 110' X 1000 GPM Well Cased To 65 Feet - 12" X 1' X 1CCD Gpm Weil Cased: To 79 Feet 1 - 12" X .1 120 ri 1C00 GPM Pe1'_ Cased To 59 Feet - 1 X 120' `: 1000 GPM W=_' .1.1 Cased To 66 Feet 1 - 12" *• 12G' ?: 1000 ¢PM Pell ..aced To 7D Feet 1 - 12" X 120' X 1607 GPM Well Cased To B6 Feet 1 - 12" X. 125' X 1000 GPM we -_sed '1'o ?2 Feet 1 - 11- X 125' :•: 16D0 GPM 47e11 Cased To 92 Feet _ -" - 12" X =26' „ i000 GPM jlie11 '..._sed '1'0 EC7 Feet. --__, X _C7o C ?M 47,11 ,._,ed To 3 Feet :{ _000 G?N, i4c1'_ .._�~'d 1p =3 x•e.Ht _ - :� _ _ = -000 M i;e11 Case? 0 1C2 .,__._ we 1! __2 C SGT Wet _.ad i_.. 250 !': F'•' PIe]'. ` -ej _ , 2 .. .._*_ M i'.' ^11 C s _.. Tn _ - 16' X w- -'l Cas_.. To X tDl` ,: .[I SID _�M 47e_1 ,.._E_.. 70 392 .. ?SCI i -tri { r °1_ C 1 To X _C:'.0 ?tS i4e.l aseo 10 730 Fe.,_ 3 °1' ., lCDO -�M i'7_tl cased To 779 Fe c_ ^27' X :070 S7'M We' 1 Cusr,d T'o `'_'1 Face `E,,- J 1 ?: .d CC t ?i•Z Hall .._ scj To 13 F e: ^.. _ - I Ell X 5 1' A ;OJD GPM Neil Cd s, n'i To .35 Fee_ 5921 i000 GPM We paned :o '78 j .� 1 _J ']F 1 !IG lien N 1,)E) Pape c of 5" m 21 We'l carr�i 1, �-q r� c V X _2C X --ee- %: Fe -- t y 1 C s T 0 C j :� W ^'15 'ADD I—ept W4 ,7 mi 71- 7 m r� n- W4 ,7 m F'� 0 e C Of 5 '2 f (2} ion in w:it-_r levels hLt hEirm the cf wttlancs, (3; Eignificalit in water levels or hydn,.pericni in a natLuxally occarring wazor bL-,-!y ,,uch a8 a lake tir POnd' war:r, tc the syste"' --' r,- - n 9 7 5 hat_tat for ra7e or :f cf ':ha pc-mit :n Viciatled, the permit small be cc:: Dc= t :2 D �c rrr 7 _' �d L' 2 by 1"0 -l-'a _-7.y pr_Jpcse.3 wat'er wL'n �I fL �S7 71. h� Aganda Item F:o. 163 ,4 y .rarer. -22 Pr� cr :0 any B=I� -ca-icu _a ri.:.Cw cr -r.e Pez-m�-- a evD-,L:a-.e ziezm wat er supply a-3:1 f�'-bm-'t a In'nu erni water :;ur)mlv plan to the District. 7'.'ithin one vea- of permit zssllar.ce' th Per:ni'--ee shall Lubmit: �iS 7�hc L)J-9t-ict a, P::,-no-.ed p, a- . nno'_"- inc! -'Sn ='n_ 7'n Sal Ine w Ilf-'e!J pzn--c'inn, plans --ance w: th &ppl; --ab --e we J wa--a- S-cr�a�es to re--re -lace overa-1-1 Pe -'7.n ..._'_1 nnn, hnn�-�- i_s , ed ay: , i 1 2007. -7 7 L F�n L V"IJ 2n !7 T a 7 n �Id i a 2 J n L 4r,.enca Item. Nt. 105 pag F-,eview for "'latni "Utn w� , �- � r, n I -e S" 1-ri a 7-5*-c- -7m e�e r tali -i on rchc 4'.11 e, 8 Permittee --hall implement the we-11-field rrelating Plan es ri. e biscr r- of ::--co:�.randat-,'on fc: pEr-Miz 5taff ren�r-� PrePared -4n fi-*�port isn,.ance un�-ate5 t-a t-e wellf-'eld C,--erat-�"g -he 71.SR well _,�ed to _effect chanqcs cDerB'� DrEl S�Ht- C� th� :r any =Y.e ,q The per�ttee shall ch7j, monitoring data in accoz7zance 4 , _1 - � wp.- 4 n. �r�r tcr--ng m fl- 'h-S nnr�,,,ej s�,,ine or, pr2u:a e -e pro j en�,t . Th-4s nrcgraTI� cons-S-TT, o:� a' r-"7,9 �rom t- chloridw sa:noles fro- ea well on a mo ^th:. -,si.- td ORDINANCE NO. 2002- 17 r,0¢7E'?azi No. 102 n- 2Dr7 �ag REt�IVED ti�J ,P c WATER IRRIGATION ORDINANCE OF COLLIER COUNTY; RESTRICTING THE HOURS OF WATER IRRIGATION IN UNINCORPORATED COLLIER COUNTY; PROVIDING TITLE AND APPLICABILITY; PROVIDING FINDINGS, PURPOSE, AND DEFINITIONS; PROVIDING IRRIGATION HOURS AND OPERATIONAL REQUIREMENTS; PROVIDING EXEMPTIONS AND VARIANCE PROCEDURES; PROVIDING PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE COUNTY'S CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE WHEREAS, Chapter 125, Florida Statutes, authorizes Boards of County Commissioners to enact ordinances deemed by the respective Board to be necessary to protect the health, safety, and welfare of the residents, citizens, or visitors of the respective County, and WHEREAS, the Board of County Commissioners of Collier County has determined that the protection of water resources is in the best interest of and for the long -term protection of the health, safety, and welfare of the residents, citizens, and visitors to Collier County, and WHEREAS, the Board of County Commissioners of Collier County has also determined that water conservation is an integral part of protecting current and future water resources, and WHEREAS, the Board of County Commissioners has deemed that placing certain restrictions on the use of water for irrigation is an effective means of conserving water. NOW, THEREFORE, BE IT ORDAINED Bl THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that. SECTION ONE: TITLE. " —T1 a _ 1.1 This Ordinance shall be called "The Collier County Water Irrigation %nanesg'' 5 e'TJ SECTION TWO: FINDINGS. C? o� o 2.1 Irrigation places a significant demand on water resources of Collier County, cn including the potable water supply system. 2.2 That adopting this Ordinance to limit allowable hours of irrigation is to promote conservation, to protect water resources, and to reduce demand upon all water sources, including sources of water that can be treated to become potable water. 2.3 That restricting allowable hours of irrigation pursuant to this Ordinance will not create undue hardship on the users of water from the affected water sources. SECTION THREE: PURPOSE AND APPLICABILITY. 3.1 The primary purpose of this Ordinance is to provide the regulatory framework to assist in conservation of water resources through consistent and uniform application of restrictions on use of water for irrigation in unincorporated Collier County. 3.2 This Ordinance shall be applicable notwithstanding any other Collier County Ordinance. SECTION FOUR: DEFINITIONS The following definitions apply throughout this Ordinance: ADO ?4. 2i.)Ol pag5 0, S" ... -, 4.1 "County" means Collier County, a political subdivision of the State of Florida, by and through its Board of County Commissioners and as Ex- Officio the Governing Board of the Collier County Water -Sewer District and Goodiand Water District. 4.2 "Code Enforcement Officer" means any authorized agent or employee of the County whose duty it is to enforce the County's codes. 4.3 "Impervious Surfaces" means surfaces that do not allow penetration of water, including, but not limited to, paved or concrete roads, paved or concrete sidewalks, paved or concrete driveways, paved or concrete parking lots, or highly compacted areas including shell or clay. 4.4 "Irrigation" means the application of water by means other than natural precipitation. 4.5 "Irrigation Systems" means equipment and/or devices which deliver water to landscaping being irrigated including, but not limited to, pumping stations and controls, control structures, ditches, public or private wells, piping, valves, fittings, and emitters. 4.6 "Landscaping" means all residential, commercial, institutional, industrial, and governmental areas which are considered as lawns or ornamentally planted, including, but not limited to, sod, grasses, turf, ground covers, flowers, shrubs, trees, mulch, hedges, and other similar plant materials. 4.7 "Low Volume Irrigation Systems" means equipment and devices specifically designed to deliver a volume of water consistent with the water requirement of the plant being irrigated and which delivers the water with a high degree of efficiency directly to the root zone of the plant. 4.9 "Low Volume Hand Watering" means watering attended by one person with one hose equipped with a self - canceling or automatic shutoff nozzle. 4.9 "Low Volume Mobile Equipment Washing" means the washing of mobile equipment with a bucket and sponge, a single hose with a self- canceling or automatic shutoff nozzle, low volume pressure cleaning equipment, or any combination of the preceding methods of washing. 4.10 "Low Volume Pressure Cleaning" means pressure cleaning by means of equipment that is specifically designed to reduce the volume of water used as accepted by industry standards. 4.11 "Pervious Surface" means every improved or unimproved surface that allows water to readily soak into, or recharge, the water aquifer under such surface. 4.12 "Water Resources" means any and all water on or beneath the surface of the ground, including, but not limited to, natural or artificial watercourses, lakes, ponds, and artificial water features, and water percolating, standing, or flowing beneath the surface of the ground. SECTION FIVE: IRRIGATION HOURS; OPERATIONAL REQUIREMENTS 5.1 All water irrigation activities within the specified geographic area(s) and within the boundaries as designated in Section Six, and which are not exempted by Section Seven, shall be restricted to the days and hours as specified in Table 1. /..gene= lem No 103 Ap P - ?DS Paa= Table 1. Collier County Irri anon Restrictions Landscaping Im' ation— Established ODD Numbered Addresses 3 days each week; Monday, Wednesday, Saturday; 12:01 AM to 8:00 AM for all types of irrigation; 5:00 PM to 7:00 PM for Low Volume Hand Watering. EVEN Numbered Addresses 3 days each week; Tuesday, Thursday, Sunday, 12:01 AM to 8:00 AM for all types of irrigation; 5:00 PM to 7:00 PM for Low Volume Hand Waterin . Landsca in Irti ation — New (in lace less than 60 da s) ALL Addresses 5 days each week; Monday through Friday, 12:01 AM to 8:00 AM for all types of irrigation; Low Volume Hand Watering all an time Irri ation S stem Maintenance Existing Systems 10 minutes per zone per week; person must be present in zone and workin on the s stem durin each such o eration. New Systems 30 minutes per zone, one time only; person must be in present zone and working on the s stem durin such o eration. Pesticide, Fungicide, Herbicide, Ferzer ApEilcalion ALL Addresses Application shall be coordinated with the scheduled day /time for Landscaping Irrigation; if applied outside of the allowed hours, and "watering in" is specified by the manufacturer of the applied material, a licensed application technician must be on the remises. ' Other Outdoor Water lists ALL Other Outdoor Water Other outdoor water uses, including car, truck, and boat Uses I washing and the washing of exterior home surfaces and roofs, shall be allowed annime with the use of Low Volume Pressure Cleaning Equipment. Low Volume Mobile Equipment Washing ' and /or w -uter hose equipped with an automatic self- canceling or automatic shutoff nozzle; in all cases, the water used must drain to a pervious surface 11 11 a water recycling /reuse system. 5.2 All water irrigation activities must and shall be operated in an efficient manner so as to not allow water to be applied to any impervious surface. 5.3 All water irrigation systems shall be equipped with a properly installed rain sensor switch. 5.3.1 A rain sensor switch shall be required on all new installations of irrigation systems. 5.3.2 A rain sensor switch shall be retrofitted on existing systems within one (I) year of the effective date of this Ordinance. 5.3.3 The rain sensor switch shall be maintained in fully operational condition at all times by the owner /operator of the irrigation system. 5.4 All water irrigation activities prohibited or restricted from time -to -time by any Water Shortage Emergency Order declared by the South Florida Water Management District and published in a newspaper of general circulation in Collier County pursuant to Section 373,175, Florida Statutes, shall automatically be incorporated into and be enforceable by application of this Ordinance. Each such Order shall apply to such geographic areas in Collier County as is specified in the respective Order, or if not specified, as otherwise then provided by law. Each Order shall he subject only to such exceptions as are specified in the respective Order, and if not specified therein, as otherwise then provided by law. SECTION SIX: IRRIGATION RESTRICTION AFFECTED AREAS 6.1 The provisions of this Ordinance shall apply only in the unincorporated geographic areas in Collier County. Aaenda Item No. '05 ADtll _4 2057 Pace 16 o 5 SECTION SEVEN: EXEMPTIONS; VARIANCES 7.1 The following are exempt from all provisions of this Ordinance: 7.1.1 Landscaping irrigation from which the source of the water is 100% reclaimed water. 7.11 Landscaping irrigation from which the source of the water is 100% saltwater. 7.1.3 Irrigation wholly from a Low Volume Irrigation System. 7.1.4 Use of Low Volume Mobile Equipment Washing provided all unused water drains into only a pervious ground surface. 7. L5 Water use to the extent authorized by a specific Consumptive Use Permit, or similar permit, issued to the respective water user by the South Florida Water Management District. 7.2 Any individual's or entity's irrigation that is affected by this Ordinance may make application to the County Water Department Director to request a variance if strict compliance with the restrictions of this Ordinance will impose a unique, unnecessary and inequitable hardship on such irrigation. Variance relief may be granted only upon a written application applying for the variance, which application contains proof that the irrigation hardship is peculiar to that individual, entity, or that affected property, that the hardship is not self- imposed; that the granting of the variance would be consistent with the general intent and purpose of this Ordinance; that the variance is necessary to eliminate an inequitable irrigation hardship; and that each variance shall vary the irrigation restrictions only to the minimum extent required to resolve the unreasonableness of the irrigation hardship that would exist but for the variance. No variance shall be granted unless the applicant is able to persuade the Director or his designee of the necessity for the variance. if the initial decision is made by the Director's designee, the only appeal shall be to the Director, and the Director's decision upon appeal to grant or deny the requested variance shall be further reviewable only as specified in subsection 7.2.1, below. 7.2.1 The County's Water Director, or individual designated by the Water Director, shall be the only individual(s) authorized to grant or deny these variances. A decision to grant or deny the variance should be made within ten (10) days after actual receipt of a complete application for the variance. Denial of a variance request may be appealed to the Public Utilities Division Administrator not later then ten (10) days of actual receipt by the applicant of the decision on the initial request. The Division Administrator's decision upon appeal shall be final. 7.2.2 An application for variance, and/or the granting of a variance, shall operate prospectively and shall not affect any then pending enforcement action pursuant to this Ordinance, or otherwise. SECTION EIGHT: PENALTIES 8.1 Each violator of this Ordinance shall be issued a citation that specifies a fine of seventy -five dollars ($75.00), plus any then applicable costs as specified in the citation issued pursuant to procedures of the Collier County's Citation Ordinance. The applicable fine shall be $75.00 notwithstanding that said Ordinance specifies fines that always exceed $75.00. Persons who commit repeat violations may also be punished pursuant to § 162.21, Florida Statutes, as a civil infraction with a maximum civil penalty not to exceed five hundred dollars ($500.00). Any person who violates any provision of this Ordinance shall also be '— subject to the County's remedies as authorized by § 125.69. Florida Statutes, Section 1- 6 of the Countv's Code of Law< and Ordinances, or es otherwise then allowed by law. The applicable penalties shall be determined by the forum selected to enforce the violation. 8. L 1 Each day, or part thereof commencing at noon of the respective day, that a violation of this Ordinance occurs by the same individual or entity may be deemed by the finder of fact to constitute a separate violation. 8.1.2 All monies collected pursuant to this Ordinance shall be used by the Code Enforcement Department to fund continued and enhanced enforcement of this Ordinance and/or other County Ordinances then under its jurisdiction. SECTION NINE: CONFLICT AND SEVERABILITY The provisions of this Ordinance shall be liberally construed to effectively carry out its purposes in the interest of public health and to protect the water resources of Collier County. If any section, phrase, sentence, or portion of this Ordinance is, for any reason, 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 of this Ordinance. SECTION TEN: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made 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: ' anicle," or any other appropriate word. SECTION ELEVEN: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOP ED by the Board of County Commissioners of Collier County, Florida, this day of � L-- . 2002, Y '. jWlfiliT E. BROCk,�Clerk ;'att�at Iii to Chaim" 3q ire ,W* 1J. Approved as to form and legal sufficiency ( f I D N Y,C/L� Thomas C. Palmer, Assistant Count} Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 'COLETTA, Chairman This ordinance filed with the Secnfory of Stota's Office the /L.iit -day of 2aa- and acknowledgement of that filing received this rgt`n day of � A196-7— 6y�� c4'1 - ..:)rig = ?J,;7 Peg- "7 ,�f o3 Aaenaa Item lyo. 10B April 24.. 2007 Pa0e -I 0", 53 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2002 -17 Which was adopted by the Board of County Commissioners on the 9th day of April, 2002, during Regular Session. 5,= r m o D WITNESS my hand and the official seal of the Board�of a County Commissioners of Collier County, Florida, this 10'Pi days c � of April, 2002. o u N An v—+ o am cn DWIGHT E. - BRO9Fd "11pjr . Clerk of Ierk Ex- officicL'C,c�; •'8aard'ti��', County Clsirg. Q lam-, s . t 3 V�Ji•ti- 111' �' By: Teri Deputy Cl.erl„ -� Z ORDINANCE NO. 2006 - 27 �iN�i• O V 'ANCE OF COLLIER COUNTY, FLORIDA, AMENDING COLLIER \P2tlotCO ORDINANCE NO. 2001 -73, ENTITLED (THE "COLLIER COUNTY R -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE ") WHICH INCLUDES SIX (6) ALREADY EXISTING RATE SCHEDULES; ALSO TO INCREASE SOME OF THE FEES, RATES AND /OR CHARGES IN FIVE (5) OF THOSE SIX (6) SCHEDULES AS RECOMMENDED IN, AND IN RELIANCE UPON, A RATE STUDY, DATED JUNE 6, 2006, ENTITLED "WATER AND WASTEWATER RATE REVIEW FOR COLLIER COUNTY WATER - SEWER DISTRICT"; ALSO TO ADD, FOR THE FIRST TIME, NEW CHARGES CALLED "ALLOWANCE FOR FUNDS PRUDENTLY INVESTED (AFPI) FEE- BY INCORPORATION OF A NEW SCHEDULE SEVEN INTO APPENDIX A, AS RECOMMENDED BY, AND IN RELIANCE UPON, AN IMPACT FEE STUDY, DATED .TUNE 6, 2006; ADDING A DEFINITION OF "EQUIVALENT RESIDENTIAL CONNECTION "; DELETING A REFERENCE TO A 5300 FINE AND INSERTING THAT FINE INTO SCHEDULE 6 OF APPENDIX A; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, PROVIDING THAT THIS AMENDING ORDINANCE WILL BECOME EFFECTIVE UPON RECEIPT BY FLORIDA'S SECRETARY OF STATE, BUT THAT ALL OF THE INCREASED FEES, RATES AND CHARGES, INCLUDING (!YEW) AFPI CHARGES, SHALL NOT BECOME EFFECTIVE UNTIL SUNDAY, OCTOBER 1, 2006 WHEREAS, the original Collier County Water -Sewer District. also known as the Count, Water - Sewer District of Collier Count}. (hereinafter the "District ") was approved on November 4, 1969 by voters of Collier County in accordance with the requirements of Chapter 153, Part It, Florida Statutes; and WHEREAS, in 2001 the Board of Counts Commissioners enacted Collier Counts, Ordinance No. 2001 -73 to create a more simplified and more efficient mechanism for ,rater and sewer utility systems and for readers to more easily understand these regulations, which are applicable to the District's water. wastewater, and non - potable services; and WHEREAS.. the Board of County Commissioners of Collier County, Florida is the Ea- officio Governing Board of the District pursuant to Chapter 2003 -353, Laws of Florida, the Special Act that applies to the District; and WHEREAS, this Ordinance, for the first time, adopts a new Schedule 7 to Appendix A, Vi:7 incorporate into this Ordinance by reference a new charge called "Allowance for Funds Prudentiv Invested (AFPI) Fee," which shall become effective on Sunday, October I, 2006 and only to individuals who, and entities that, deliver to County staff the related water and /or wastewater impact fees for such_ - water and /or wastewater equivalent residential connections ( "ERCs "); and WHEREAS, this Ordinance incorporates a revised Schedule A that increases some of the rates. fees and charges as specified therein. Only Schedule Two therein is not being amended at this time. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA AS THE EX- OFFICIO GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, THAT ORDINANCE NO. 2001 -73, IS HEREBY AMENDED AS FOLLOWS: SECTION ONE. Adoption of "Allowance for Funds Prudently Invested (AFPI) Fee" A new Subsection (i) is hereby added to Subsection 1.3 in Ordinance Collier County Ordinance No. 2001 -73 (entitled District Rates, Fees and Charges other than Monthiy User Fees) (the same also being a new Subsection (i) to Section 134 -173 in the codified Ordinance) which new Subsection (i) shall read as follows: 1 Words underlined are added; Words stFae64hF9ugh are deleted Haen::a item No. IOF (i) Allowance (or Funds Prudently Invested (AFPI) Fee. (1) The Board of County Commissioners as Ex- officio Board of the Collier County Water -Sewer District hereby adopts Allowance for Funds Prudently Invested (AFPI) Fees, as set forth in Schedule 7 hereby appended as part of Appendix A to this Ordinance The AFPI charges may be changed from time -to -time J Collier County Ordinance or by Resolution of the Board of County Commissioners always acting as Ex officio Board of the Collier County Water -Sewer District provided the Board publishes notice of one scheduled public hearing with regard to all such then proposed changes. The proposed Resolution or Ordinance can be agendized on the Board's regular agenda or on its summary agenda (1) Allowance for Funds Prudently Invested (AFPI) Fees afford the District an opportunity to earn up to a fair rate of return on the District's investment in water and /or wastewater plant that has been constructed but is not vet used and useful Such non -used and useful plant is by definition held for future use by the District's future water and/or wastewater customers Such non -used and useful plant incurs costs such as but not limited to the District's embedded costs of borrowed money, investment of the District's money in such plant as well as operation and maintenance expenses between the time the plant is constructed and the time all of the respective equivalent residential connections (ERCs) are connected to the District's respective utility system by means of an "active connection" Calculation of the AFPI charges excludes plant_ pad from impact fees which are classified in law as "contributions -in -aid of construction" "C( .IAC "). (^) The amount of the applicable AFPI charge is controlled (determined) by the month when the related impact fee (a) to pay for the respective ERCs is received by County staff Each AFPI charge is calculated for one equivalent residential wnnect on (ERC) on a month-to-month basis. In this context there is no distinction between an ERC for residential use industrial use, commercial use or any other uses. (4) These AFPI charges apply only m ERCs reserved by payment of the relevant water and /or wastewater impact fees actually recd ed b Couniv staff ubs quent to October 1 2006 and these AFPI charees shall cease to apph to ERCS reserved by staffs receipt of these impact fee payments bseg ent to December 31 2012. (S) All water AFPI charges shall be accounted for in a separate account for the subject water treatment facilities All wastewater AFPI charges shall be accounted for in a separate account for the subject wastewater treatment facilities. SECTION TWO. Adoption of Revised Appendix A. Section 4 of Ordinance No. 2001 -73 (which is Section 134-177 of the codified Ordinance) is hereby amended to read as follows: "The Board of County Commissioners as ex- officio Board of the Collier County Water -Sewer District hereby adopts the rates, fees, and charges as set forth in schedule I through 6 7; inclusive, appended hereto as appendix A, which as of October 1, 2006, shall be imposed upon all users of the County Water- Sewer _District's services within the District's boundaries and outside the District's boundaries subject to appropriate mutual agreements. The AFPI charges shall apply only to the respective ERCs reserved by payment of the related water and /or wastewater impact fees subseouent to October 1. 2006 and these AFPI charees shall not apply to ERCs reserved by payment for the ERCs received by staff subsequent to December, 31. 2012. These rates, fees and charges may be changed from time to [line by ordinances or by resolutions of the Board of County Commissioners as ex- officio Board of the Collier County Water - Sewer District, provided the Board holds ep publishes in a newspaper of general circulation in Collier County, notice of an advertised public hearing with regard to the thenproposed schedule amendments. T_'lie proposed amendments (by County Ordinances or Board resolutions) can be agendized on the Board's - c 'ar a -e tda or on the Board's summary agenda subject to removal to the Board's regular agenda. 2 Words underlined are added; Words stt ek 4wough are deleted 24 LD;(j P ge 21 or SECTION THREE: Addinp Definition of "Equivalent Residential Connection .99 A new definition of "Equivalent Residential Connection" is hereby added at the end of Section 1.1 of Ordinance No. 2001 -73 (the same being at the end of Section 134 -171 ofthe codified Ordinance), to read as follows: "Equivalent Residential Connection shall mean three-hundred and fifty (350) gallons of water per day and is two- hundred and fifty (250) gallons of sewerage treatment Per day. " SECTION FOUR: Transfer of the Q.-tin Illegal Connection Fine 5300 from the body of the Ordinance into Schedule 6 of App ndfx A Subsection 1.4(g) (4) of Ordinance No. 2001 -73 (which is Subsection 134- 174(g) (4) of the codified Ordinance) is hereby amended to read as follows: "(4) If service has been discontinued for non - payment of bills and an illegal water connection is made, service will be renewed upon payment of all unpaid bills, time and material cost to remove the illegal connection, the cost of the estimated amount of water consumption loss, plus a -$300 the fine specified in appendix A- Schedule 6." SECTION FIVE. Conflict and Severahility. The provisions of this Ordinance shall be liberally construed to effectively carry out its purpose in the interest of public health, safety. welfare and /or convenience. If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent iurisdictipn. such portion shall be deemed separate, distinct, and an independent provision, and such holding shall not affect the validity of the remaining portions thereof. SECTION SIX. Inclusion in the Code of Laws and Ordinances The provisions of this Ordinance shall become and be made a part of the Code of laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section', °article ", or any other appropriate word. SECTION SEVEN. Effective Date: Delayed Effective Date for the Rates Fees and Cha es. This Ordinance shall become effective upon being filed with the Department of State, but Attachment A shall not go into effect until Sunday, October 1, 2006 (except as to the $300 fine, which shall remain continuously in effect). PASSED AND DULY adopted by the Board of County Commissioners as Ex- officio Board of the Collier County Water -Sewer District this 6' day of June, 2006, ATTEST: DWIGHT E. BROCK, Clerk Bye! IQ� Deputy- �.Ierk- Attest as to Chatrun a signs 0411 0411 Approved as to orm and legal sufficiencv: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AS EX- OFFICIO BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT By: FRANK HALAS, Chairman This ordinance filed with the torT�-7`,r of S�tote's Offi a the of, tdY)e. dcDILP and acknowledgement git that T film homas C Palmer, °y' received this al _ day Assistant County Attorney ° nC 3 Words underlined are added; Words stwek4h,,egh are deleted Agerlca Item No. 'OE April 24. 2007 _2 0" 53 PTI BLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A - FEES. RATES AND CHARGES Waste, Wmommt.n or, met,, Rath and wet., Sy"Intrees 1. Water: (a) Service Availability Cl arge for Individually Metered Residential, Non- Residmatil and Irrigation: Effective Effective Effective Effective Oct. 1. 2007 Effective Effective Stu Oct. L 3006 O' L 200) 'S Oct. 1, 2006 Oct. 1. 2007 5/8" inch meter 1 , per more[ SI per month 3" inch meter S 170.94 per month S 19!F7 per month 3/4" inch meter 14.00 per month 16.03 per month 4" inch meter 282.98 per month 324.00 per month 1" inch meter 30.90 per month 3538 Der month 6" inch meter 563.08 per month 644.70 per month 1 -114" inch meter 39.12 per month 44.79 per month 8" inch meter 899.20 per month 1,02953 per mouth I -la" inch meter 58.91 per month 67.45 per month 10" inch meter 1.627.44 per month LM333 per month 2" inch meter 92.47 per month 105.88 per month 12" inch meter 2,198.07 per mouth 2,516.69 per month (b) Volume Charge Per L00 Gallons: ( it Individually Metered Resldeofial, Nan - Residential and Multi. Family Residential: (c) Block Rate Structure Consumption Block in Gallon. - I , To Or Next Meter Stu Effective Effective Block3 Oct. 1, 2006 Oct. 1. 2007 Block 1 51.92 2.20 Block 2.88 3.30 Block 3.84 4.40 Block 4.80 5.50 Blacks 5.76 6.59 Block6 7.68 8.79 Consumption Block in Gallon. - I , To Or Next Meter Stu Blocks Block Block3 111oc1,4 Black Block 518•' and 3N" 5,01111 III.UU 20.000 311,000 5U.006 Iver 50,900 1" 12,000 25.0011 50.00 75.000 120.000 Over 120,0110 1_114" 20.00) 40.11011 80.1100 120.000 204000 (Iver 2011.000 1 -1 _" 25,000 50.0110 100.000 150.001. 250,1100 Over 250,000 50.61 per month 40.0ou 80,060 1611.111111 2411.111X1 400.01X1 Over 400,000 3• 80010 lbu.o0 320.1100 481,01111 800.000 0,cr 886.606 4" 120.000 250.000 5011.000 8010110 1.200.0110 Over 1.21111,0110 L" 250,000 51111.000 1.00(0110 t 500.000 2500.000 Over 2,50401X1 450,0110 91111.0110 1-11111.006 2,760,01111 45110.00 (Iver 4.518),1100 lo^ 706.000 1,4511.00 2.900.000 4.300,000 7.606,000 Over 7,00,000 12" 1,075,600 2,15U,000 4.36400 6.450,600 11,060,660 Over 11,066,000 2. W'ertrwater. la) W astewvter Sen'ire Availablin Charge for Individually Metered Residen[ial, Non- Residentiah antl Mu104amily: Effective Effective Effective Effective Sure Ort. h 206 Oct. 1, 2007 Sire Oct. L 2006 Oct. 1, 2007 518 inch meter 2,26 per month S24, 9 per month 3 ineM1 meter 5287.24 per month 5315.96 per mouth 314 inch meter 22.26 per month 24.49 per month 4 inch meter 476.32 per month 523.93 per month I inch meter 50.61 per month 55.67 per month 6 inch meter 949.23 per month 1,1144.12 per month 1 -1/4 inch meter 64,90 per month 71.38 per month 8 inch meter 1.516.92 per month 1,668.55 per month I -IR inch meter 97.93 per month 107.72 per month 10 inch meter 2,719.65 per month 2,991.50 per month 2 inch meter 154.75 per month 170.22 per month 12 inch meter 4,030.95 per month 4,433.89 per month (b) Volume Charge per 1,000 gallons: Effective Effective OeLL 206 OcL1, 2007 (t) All Metered Llsage $3.13 S344 (ii) Individually Metered Residential Maximum: The maximum volumetric charge for individually metered residential property shall be 15.000 gallons per month. Ord 2007 Schedule 1 District -Wide Water Wastewater Rates 61712016 2'48 PM Aril PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT I INIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A — FEES, RATES AND CHARGES SCHEDULE I — DISTRICT -W IDE N'ATER and WASTEWATER RATES Pve2of2 1. Fire Systems (Dedicated and Compound): (a) Fire Meter (i) Fire Service meter size will refer to the largest diameter meter register installed for Dirt protection. (ii)Fire Service meter connection that have consumption registerd for three consecrative billing periods arc deemed to have provided domestic or other water usage shall be billed sect rdin to regular water monthly rvail.bliby and usage the rges as described hereto. (h) Volume Charge: (I) Per 1.000 Italians Water Restriction Sureharge: Percent Reduction Flow Charge Role Water Shortage Phase- In Overall Demand Adjustment Percents e Phase 1 - Maderate Leas Than 15% 15% Phase 2 - Severe Lear Phan 30% 30% Phase l - Esteems Lea Then 40% 40% Phase i - Critwid Less Than 60% 6D% Ord 2007 Schedule 1 Disbict -Wide Water Wastewater Rates 6,712006 2.48 PM Agenda Item No. )OE Apri: 24, 2007 Pane 2z of �_3 PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A -FEES, RATES AND CHARGES SCHEDULE 2- GOODLAND SUB - DISTRICT WATER Page 1 of 2 Providing monthly user fees for residential, non - residential and multi- family properties in the Goodland Water Sub- district as follows: Water (a) Service Availability Charge: (i) Individual Metered Residential, Non - Residential and multi - family properties: Meter Size Proposed Oct. 1. 2006 Effective Oct. 1, 2006 '/. inch S 25.00 per month I inch S 58.00 per month I '/. inch S 113.00 per month 2 inch $ 178.00 per month 3 inch S 353.00 per month 4 inch S 548.00 per month 6 inch S 1,095.00 per month 8 inch S 1,967.00 per month (b) Volume Charge per one thousand gallons (S/Mgal) of usage: (i) Individual Metered Residential, Non- Residential and multi - family properties: _ Block Proposed Oct. 1. 2006 Block 1 (1) S 4.30 Block 1 (1) S 5.30 Block 1 (1) S 6.40 Black 1 (1) S 7.40 Block 1 (1) S 850 Block 1 (1) S 10.60 (1) Same Block Rate Structure ac that cf Collier County Water -Sewer District. (c) Block Rate Structure: Consumption Blocks in Gallons - Up To Or Next Meter Size Block 1 Block 2 Block 3 Block 4 Block 5 Block 6 5/8" and 3/4" 5,000 I 0,000 20,000 30.000 50,000 Over 50.000 1" 12,000 25,000 50,000 75,000 120,090 Over 120,000 1 -1/4" 20,000 40,000 80,000 120,000 200,000 Over 200,000 1 -1R" 251000 50,000 100,000 1501000 250,000 Over 250,900 2" 40,000 80,000 160,000 240,000 400,000 Over 400,000 3" 80,000 160,000 320,000 480,000 800.000 Over 800,000 4" 120,000 250,000 500,000 800.000 1,200,000 Over 1,200,000 6" 250,000 500,000 1.000,1100 1,500,000 2,500,000 Over 2,500,000 8" 450,000 900,000 1,800.000 2,700,000 4,500,000 Over 4,500,000 Ord 2007 Schedule 2 Goodland Rates 617/2006 2:47:10 PM F,PrF 242007 Pale 25 of c- PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A — FEES, RATES AND CHARGES SCHEDULE 2 — GOODLAND SUB - DISTRICT WATER Page 2 of 2 (2) The usage charge shall be adjusted based on the following formula: Purchased Water Adiustment Clause(PWAC) — Ex" tin Rtes (New City of Marco Island Volume Charge — Old City of Marco Island Volume Charge) Adder $0.75 Existing Goodland S/Mgal + Adder = New Goodland S/Mgal The purpose of the 0.75 factor is needed to adjust for unaccounted for water and the change in the monthly fixed charges from the City of Marco Island. For Each Rate Block: Existing Rate Block S / Mgal+ Adder — New Rate S / Mgal Ord 2007 Schedule 2 Goodland Rates 6/7/2006 247 10 PM Agenda horn No. 1 =,)J124 2007 Pao° 2= Y v3 PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A — FEES, RATES AND CHARGES SCHEDULE 3 — IRRIGATION QUALITY WATER RATES Page I of 1 Irrigation quality (Reuse) Rates Irrigation Quality Water usage in the District shall be at the following schedule: (a) Service Availability Charge: Individually Metered Irrigation: Meter Sin Effective October 1, 2006 5/8 and 3/4 inch $ 5.00 1 inch $ 11.00 1.5 inch $ 23.00 2 inch $ 46.00 3 inch $ 91.00 4 inch $ 182.00 6 inch S 346.00 8 inch $ 628.00 10 inch S 1.005.00 12 inch S 1.497.00 (b) Volume Charge per 1,000 gallons: TN Dc of Service Effective October 1. 2006 (i) Pressurized and distributed 50.75 (ii) Pressurized 50.39 (iii) Bulk 50.30 Ord 2007 Schedule 3 IQ Rates 617/2006 2:46:56 PM ae _- o` 5 PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A — FEES, RATES AND CHARGES SCHEDULE 4 — METER TAPPING CHARGES AND BACKFLOW DEVICE CHARGES Page 1 of 1 Meter Installation Charges (Tapping Fees) I. Meter Installation charges to be paid to the District shall be as follows: Meter size meter tapping charges: Meter Tapping Charges With Meter Service Line Installation Charge Size Effective Oct. 1, 2006 Meter Tapping Charges Without Meter Service Line Installation Charge Size Effective Oct 1 2006 inch S676 .00 % inch $248.00 1 inch $738.00 1 inch $282.00 1.5 inch $1,012.00 1.5 inch $493.00 2 inch $1,140.00 2 inch $618.00 The fees are based upon meter installation for a tvpical single - family residence. In all nther circumstances, the meter installation fee shall be based upon the district's actual cost for time, equipment and materials. $214.011 BackBow Device Charges (1) Backllnsv Device Charges to be paid to the District shall be as follows: Ord 2007 Schedule 4 Meter Tapping and Backilow Device Rates.doc 6/72006 246:26 PM Reduced Pressure Backfhos Double Check Valve BackOow Meter Prevention Assembhr Charms Meter Prevention Assemblv Charge Size Effective Oct. 1. 2006 Size Effective Oct. 1. 2006 'i. in $214.011 �. inch $108.00 1 inch 5237.00 Iinch $116.00 1.5 inch 5345.00 1.5 inch 5294.00 2 inch S41 2.00 2 inch $342.00 Ord 2007 Schedule 4 Meter Tapping and Backilow Device Rates.doc 6/72006 246:26 PM Aaeoda item Nc. 105 t.p _ X0'1' Page 2b Y 53 PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A — FEES, RATES AND CHARGES SCHEDULE 5— EQUIPMENT, LABOR AND ADMINISTRATION CHARGES Page lof t DESCRIPTION EFFECTIVE OCT. I, 2006 (1) Equipment (Per Hour Rates): Rehab & Electrician's Truck S 75.00 Crew Trucks S 50.00 Vactor Truck S 200.00 Camera Truck S 150.00 Boom Truck S 100.00 20 Yard Dump Truck S 70.00 10 Yard Dump Truck S 40.00 Pumper Truck S 200.00 Track Hoe( Big or Small) S 50.00 Back Hoe S 65.00 Olympian Generators S 60.00 Dewatering System S 40.00 4" Trash Pump $ 10.00 Mud Hog S 15.00 Trailer S 45.00 Signs, Barricades and /or Traffic Board S 100.00 Road Saw and /or Compactor S 15.00 Miscellaneous Small Equipment S 5.00 (2) Labor (Per Hour Rates)' Tech 1 & 2 S 30.00 Supervisors S 40.00 (3) Administration (per incident), 15% or 5300; Whichever is smaller. (4) Patty and Sub - contractors Actual Cost Ord 2007 Scheduie 5 Equipment Charges labor Charges 6/7/2006 2:46:09 PM PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A — FEES, RATES AND CHARGES SCHEDULE 6— MISCELLANEOUS CHARGES Pagel oft DESCRIPTION EFFECTIVE OCT 1 2006 New Accounts - Change of Ownership S 25.00 Turn Off/Turn On at Owner's Request S 38.00 Meter Re -Read (if different - charge is SO) S 38.00 Meter Test: Onsite Test (more than 3% error - charge is SO) $ 80.00 Offsite Bench Test (more than 3% error - charge is SO) S 215.00 Meter Lock S 55.00 Meter Unlock 2nd and Subsequent Events 5 55.00 Unlock after hours $ 100 W Meter Removal S 160.110 Illegal Connection Actual time and mat I I Convenience Fee- Credit Card Temporarr Meter Deposit Duplicate Bill Processing Fee Non- Sufficient Funds (NSF) Processing Charge Late Pavment Charge Vehicle Over Meter Charge Removal of Landscaping to Access Meter Septage Processing Charge /1,000 gallons Grease Trap Waste Charge /1,000 gallons Ord 2007 Schedule 6 Miscellaneous Charges 6/7,2006 2:46:44 PM =Una 2- J) 73 e 'a cost. p us average consumption, plus a 53011.00 fine S 5.00 SL000.0k S 2.00 15% of the amount or $100, whichever is smaller 5% of unpaid balance S 55.00 S 75.00 S 31.00 S 42.00 Aaenda item No. 10B prll xD Face 30 of 53 PUBLIC UTILITIES DIVISION COLLIER COUNTY WATER -SEWER DISTRICT UNIFORM BILLING, OPERATING AND REGULATORY STANDARDS ORDINANCE APPENDIX A - FEES, RATES AND CHARGES SCHEDULE 7 - ALLOWANCE for Funds Prudently Invested (AFPI) Page I of 1 AFPI Schedule Per ERC- Water System (•) Payment Calendar Year Year Month 2006 2007 2008 2009 2010 2011 2012 2011 January $0.00 $58.69 5234.76 $410.84 $586.91 5762.98 $939.05 5267.65 February 0.00 73.36 249.44 425.51 601.58 777.65 953.72 162.50 March 0.00 88.04 264.11 440.18 616.25 792.33 968.40 0.00 April 0.00 102.71 278.78 454.85 630.93 807.00 983.07 May 0.00 117.38 293.45 469.53 645.60 821.61 997.74 .Tune 0.00 132.05 308.13 484.20 660.27 836.34 1,012.42 420.59 July 0.00 146.73 322.80 498.87 674.94 851.02 1,027.09 74 August 0.00 161.40 337.47 513.54 689.62 865.69 1,041.76 95.59 September 0.00 176.07 352.14 528.12 704.29 880.36 1,056.43 August October 14.67 190.74 366.82 542.89 718.96 895.03 1,056.43 678.68 November 29.35 205.42 381.49 557.56 733.63 909.71 1,056.43 573.53 December 44.02 220.09 396.16 572.23 748.31 924.38 1,056.43 353.68 AFPI Schedule Per ERC- Wastewater System I') Pavment Calendar Year Month 2006 2007 2008 2009 2010 2011 2012 January $0.00 $38.24 $152.94 5267.65 5382.36 5497.06 $611.77 February 0.00 47.79 162.50 277.21 391.92 506.62 621.33 March 0.00 57.35 172.06 286.77 401.47 516.18 630.89 April 0.00 66 91 181.62 296.33 411.03 525.74 640.45 Mav 0.00 76.47 191.18 305.89 420.59 535.30 650.111 June 0.00 86.03 200 74 315.44 430.15 544.86 659.57 July 0.00 95.59 210.30 325.00 439.71 554.42 669.12 August 0.00 105.15 219.86 334.56 449.27 563.98 678.68 September 0.00 114.71 229.41 344.12 458.83 573.53 688.24 October 9 56 124.27 238.97 353.68 468.39 583.09 688.24 19' 11 133.87 248.53 363.24 477.95 592.65 688.24 LNovember December 18.68 143.38 258.09 372.80 487.50 602.21 688.24 I') AFPI fee is initiated on October 1, 2006. Ord 2007 Schedule 7 Allowance Funds Prudently Invested (AFPI) STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2006 -26 Which was adopted by the Board of County Commissioners on the 6th day of June, 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 7th day of June, 2006. DWIGHT E. BROCK Clerk of Courts and Clerk Ex- officio ta`BOard.of County Commis�icners By: Heidi R. Rockhold, Deputy Clerk 4aenu-� item Ne. SOB fiGril "4, 20G7 e 32 0, 53 County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE Clerk of Courts Dwight E. Brock 3301 TAMIAMI TRAIL. EAST Accountant Clerk of Courts P.O. BOX 413044 Auditor NAPLES, FLORIDA 34101.3044 Custodian of County Funds January 3, 2007 Ms. Karyln Solis, While reviewing the ordinances from last year, I noticed that Ordinance 2006 -27 has the wrong information on the certification page. It references Ordinance 2006 -26, instead of 2006 -27. We sent you the correct Ordinance, the information on the certification page is incorrect. If you could attach this letter to the Ordinance's certification page to explain the mistake. I am also inclosing a copy of Ordinance 2006 -27 so you can reference it. Thank you and please contact me if you have any questions. Sincerely, eresa Dillard, Deputy Clerk Phone - (239)732 -2646 Fax - (239)775 -2755 Website -www clerk.collier fl us Email- collierclerk (aclerk.collier.fl.us tr The South Florida Water management District is a regional, governmental agency that oversees the water resources in the southern half of the state. It is the oldest and largest of the state's five water management districts. Our Mission is to manage and protect water resources of the region by balancing and improving water quality, flood control, natural systems, and watersrpply. NOTE This document represents o summary of Phase II Water -USe Restrictions as they apply to residential/ community use. For more details, or for a copy of the Water Shortage Rule visit www.sfwnad.gov Water restrictions o0 apply to water from ALL SOURCES: public utilities, private wells, canals, lakes, ponds and rivers. Exceptions: 100 percent reclaimed water use is not restricted. iL,iil 24. �L�[���. �e..t�tr� � ✓1' E. r e r RESIDENTIAL /COMMUNITY Water -Use Restrictions PHASE 11 Water Shortages Water shortages and water conservation fall under the District's mission for water supply. South Florida depends upon rainfall for its water supply. While South Florida gets an average of 5' inches of rain a year, the iainfal! is seasonal, tallinz mostly in the summer and tall. The :aintall is also cvclical, meaning there are typically 10 -veal rycls of drought and food. To manage wat, r shortages in an organized and efficient manner, the District has adopted a Plan and a Rule to restrict water use when supplies fall short. (Sec. 373246, Florida Statutes; Ch. 40E -21, Florida Administrative Code). The goal is to protect the remaining supply by conserving water, preventing saltwater intrusion and assuring a fair, distribution of available supplies. Water Users Water users are grouped into categories according to use — residential, agricultural, industrial, recreational, etc. — and, according to the source from which the water comes. Residential users are the largest user -group affected by water restrictions. Water -Use Restrictions The District has established specific water -use restrictions according to the severity of the water shortage — Phase I, moderate; Phase 11, severe; Phase III, extreme; and, Phase IV, critical — each requiring an increasingly larger reduction in water use. The District correlates each phase of the restrictions to the overall percentage of reductions needed. Phase II water restrictions require water users to limit outdoor water use (see back page). These actions are intended to produce a 30 percent reduction in overall demand APRIL 2007 on our water resources by all users. Because all users do not use the same amount of water, Phase II restrictions DO NOT mean that public utilities must reduce the amount of water they sell by 30 percent. It is up to ALL water users from all sources to get us to the overall 30 percent reduction. General Guidelines • All wasteful and unnecessary water use is prohibited. • Essential services involving public health and safety, such as fire fighting, are not restricted. • Water -use restrictions DO NOT apply to the use of reclaimed water. • Water rests ikons DO apply to water Loin ALL SOURCES: public utilities, private wells, canals, lakes, ponds and rivers. Exceptions: 100 percent reclaimed water use is not restricted. • Any exemptions from the restrictions must be through a formal process, that is, by obtaining a variance from the District. Residential /Community Water -Use Restrictions PHASE II Summary Because about half the drinking water used in South Florida is for landscape irrigation, the District targets outside water use for restrictions. Irrigation is most efficient in the early- morning hours when less evaporation occurs. It's Worth Saving Landscape Irrigation It Maintenance for Homes and Businesses With Less Than Five Acres of Land • Watering is permitted on Wednesdays and Saturdays from 4 a.m: 8 a.m. for homes with addresses that end with an odd number (1,3,5,7,9). • Watering is permitted on Thursdays and Sundays from 4 a.m: 8 a.m. for homes with addresses that end with an even number (0,2,4,6,8) or with no address. • Hand watering with one hose and an automatic shut -off nozzle is also allowed from S p.m.-7 p.m. on the same days. • New landscaping, planted for less than thirty days, may be watered Monday through Friday from 2 a.m.-8 a.m. • Hand watering with one hose and an automatic shut -off nozzle of new landscaping shall be voluntarily reduced. • Watering in of pesticide,'fertilizer by homeowners or nonlicensed individuals is allowed during hours and days of the watering schedule and for 10 minutes after application. Owner or agent must be on site. • Watering in of pesticide /fertilizer by a licensed technician shall be voluntarily reduced. The technician must be present during application. • When cleaning, adjusting of repairing existing irrigation systems, ten minutes of operating the irrigation system per zone /per week is permitted. And, 10 minutes per zone of system operation is permitted on a one -time basis for new irrigation systems. Landscape Irrigation if Maintenance for Homes and Businesses With More Than Five Acres of Land - Watering is permitted on Wednesdays and Saturdays from 12:01 a.m: 8 a.m. for homes with addresses that end with an odd number (1,3,5,7,9)- • Watering is permitted on Thursdays and Sundays from 12:01 a.m.- 8 a.m. for homes with addresses that end with an even number (0,2,4,6,8) or with no address. • New landscaping, planted for less than thirty days, may be watered Monday through Friday from 12:01 a.m.- 8 a.m. • New landscaping watering by hand with one hose and an automatic shut -off nozzle shall be voluntarily reduced. • Watering in of pesticide /fertilizer by homeowners or nonlicensed individuals is allowed during hours and days of the watering schedule and for 10 minutes after application. Owner or agent must be on site. • Watering in of pesticide /fertilizer by a licensed technician shall be voluntarily reduced. The technician must be present during application. • When cleaning, adjusting or repairing existing irrigation systems, ten minutes of operating the it system per zone /per week is permitted. And, 10 minutes of system operation is permitted on a one -time basis for new it systems. South Florida Water Management District \ 3301 Gun Club Road West Palm Beach, Florida 33406 561- 686.8800 • FL WATS 800 -432 -2045 www.sfwmd.gov 1 RD r4/07 MAILING ADDRESS: P.O. Box 24680 West Palm Beach, FL 33416 -4680 Item [UNITY WATER -USE RI Car, Boat & Equipment Washing (Residential /Unlicensed individual Company) 34 of 53 • Washing of cars, boats and other equipment is permitted 4 a.m.-8 a.m. and 5 p.m :7 p.m. on hie landscape watering days. Washing must be done on, or must drain to, a non -paved surface that permits water to soak into the ground. And, it must be done using a hose with an automatic shut -off nozzle and /or low- volume pressure cleaner. • Washing and detailing of cars if done by a licensed individual or company using an automatic shut -off nozzle and low water -use techniques shall be voluntarily reduced. • Rinsing and flushing of boats after saltwater use is allowed once a day for up to 15 minutes per boat. 7 Other Outdoor Water Uses • Washing or rinsing of sidewalks, driveways, streets or other paved surfaces is NOT ALLOWED at any time unless done with low - volume pressure cleaning equipment. That `r is, the equipment must be designed to reduce the volume of water used. • Low- volume pressure cleaning of any sunace and structure is permitted. • Live - aboard boats that serve as a primary residence may be washed of rinsed during the landscape watering daytime schedule based on the number of the boat slip of the address of the location of the dock. • Filling or refilling of swimming pools is allowed. If a pool is emptied, it must drain onto a non -paved surface such as a lawn. • Re- circulating fountains and ornamental water features may be operated if the water use is efficient, meaning that there is no wind drift, leaking or overflowing of water. Further Water Supply Shortages The District may declare more stringent restrictions as set forth in Phases II, III and IV. For the average person, the major difference in the phases is the number of days and (lours that water may be used outside the home. Residential /Community irrigation hours: Phase I I, two days per week for 4 hours; Phase III, one day for three hours; Phase IV, one day for one hour; and, in more severe conditions, the District may restrict all outside watering. For n7ore information, visit our web site at www.sfwmd.gov /conserve Of Call our Water Conservation Hotline at (800) 662 -8876. SERVICE CENTERS Big cypress BasinlNoples 239 -263 -7615 Broword 954 -713 -3200 Florida Keys (Plantation Key) 305- 853 -3219 or 800464-5067 Lower West Coast 239- 338 -2929 or 800- 248 -1201 Mai-tin/St. Lucie 772 -223 -2600 or 800 - 250 -4100 Miami -Dade or 800. 250 -4300 Okeechobee 863- 462 -5260 or 800 -250 -4200 Orlando 407- 858 -6100 or 800 - 250 -4250 Palm Beach county 561- 682 -2283 or 800 -432 -2045 ME The South Florida Water Management District is a regional, governmental agency that oversees the water resources in the southern half of the state. It is the oldest and largest of the state's five water managernent districts. Our'MiSSIOn is to manage and protect water resod ces of the region by balancing and improving water gualiq', flood control, natural systems, and vdater supply. NOTE This document represents a summary Of PHASE II Water -Use Restrictions as they apply to commercial/ recreation use. For more details, or for a copy of the Water Shortage Rule visit wimms fwm d. gov water restrictions Do apply to water from ALL SOURCES: public utilities, private wells, canals, lakes, ponds and rivers. Exceptions: loo percent reclaimed water use is not restricted. I , -1 7 COMMERCIAL /RECREATION Water -Use Restrictions PHASE II Water Shortages Water shortages and water conservation fall under the Districl's mission for water supply. South Florida depends upon rainfall for its water supply. While South Florida nets an average of 52 inches of lain a year, the rainfall is seasonal, falling mostly in the summer and tall. The rainfall is also cydical, meaning there are typically 10 -year cvds of drought and flood To manage water shona_s in an organized and efficient manner; the District has adopted a Plan and a Rule to resVid water use when supplies fall short. !Sec. 373?46, Florida Statutes; Ch. 40E -21, Florida Administrative Code). The goal is to protect the remaining supply by conserving water, preventing saltwater intrusion and assuring a fair distribution of available supplies. Water Users Water users are grouped into categories according to use — residential, al-noultwal, industrial, recreational, etc. — and, according to the source from which the water comes. Residential users are the largest user -group affected by water restrictions. Water -Use Restrictions The District has established specific water -use restrictions according to the severity of the water Shortage — PHASE I, moderate; PHASE II, severe; PHASE III, extreme; and, PHASE N, critical — each requiring an increasingly larger reduction in water use. The District correlates each phase of the restrictions to the overall percentage of reductions needed. Phase II water restrictions require water users to limit outdoor water use (see back page). These actions are intended to produce a 30 percent reduction in overall demand on our water resources by all users. Because APRIL 2007 all users do not use the same amount of water, Phase II restrictions DO NOT mean that public utilities must reduce the amount of water they sell by 30 percent. It is Lip to ALL water users from all sources to get us to the overall 30 percent reduction. General Guidelines • All wasteful and unnecessary water use is prohibited. • Essential services involving public health and safeq', such as fire fighting, are not restricted. • N'afe" -use restrictions DO NOT apply to the use of reclaimed water. • Water restrictions DO apply to water from ALL SOURCES: public utilities, private wells, canals, lakes, ponds and rivers. Exceptions: 100 percent reclaimed water use is not restricted. • Anv exemptions from the restrictions must be through a formal process, that is, by obtaining a variance from the District. Commercial/ Recreation Water -Use Restrictions PHASE 11 Summary Low - volume water use for irrigation, mobile equipment washing, and hand watering is permitted anytime, with voluntary reduction. Low - volume methods include: Irrigation: Using equipment designed to limit watering to plant requirement, placing water under canopy directly at the root. Mobile Equipment Washing: Using bucket and sponge and hose with automatic shirt -off nozzle and /or low - volume pressure cleaner. Pressure Cleaning: Using equipment designed to reduce inflow volume as accepted by industry standards. It's Worth Saving Irrigation Systems (cleaning, adjusting, repairing) Licensed Individual /Company" • Less Than One Acre: Watering is permitted 10 minutes per zone per week. • One Acre or More: Watering is permitted one hour per acre per week. *For recreation areas, golf courses, nurseries, and other agricultural uses refer to the Water Shortage Order, Landscape Watering Multi -Use Family Units" /Multi -Use Complexes • Less Than Five Acres: For entities that irrigate both odd and even addresses: Watering is permitted Thursdays and Sundays from 4 a.m. to 8 a.m. No area may be irrigated more than two days a week. • More Than Five Acres: For entities that irrigate both odd and even addresses: Watering is permitted two days a week on any of these days: Wednesdays, Thursdays, Saturdays or Sundays from 12:01 a.m. to 8 a.m. No area may be irrigated more than two days a week. WATER -USE Page 36 of 53 • Moisture stress relief for containerized nursery stock is permitted daily, 10 minutes per irrigation zone during daylight, seven days a week. • Flood irrigation is permitted 8 days per month. Agriculture • Low - volume irrigation and hand watering is voluntarily reduced. • Overhead irrigation (including portable volume guns) is permitted daily, 2 p.m: 10 a.m. • Moisture stress relief for field -grown citrus nursery stock is permitted daily, 10 minutes per irrigation zone: 11:30 a.m. -12 p.m. (noon) 1:30 p.m.-2 p.m. Soil flooding is permitted ONLY for vegetable seed planting, rice planting, burning of sugarcane prior to harvest, and to permit harvesting of sod, with voluntary reduction. Golf Courses • 30 percent cutback from permitted allocation. ** includes Homeowners Association;: a variance i5 not required. Marinas Pesticide /Fertilizer Application • commercial boat washing using low- volume methods shall be Licensed Individual /Company - Voluntary Reduction voluntarily reduced. • Application is permitted anytime. Pesticideffertilizer technician Recreation Areas must be on premises when water is applied. Pesticide /Fertilizer Application Nonlicensed Individual /Company - Voluntary Reduction • Application is permitted for a maximum of 10 minutes per zone after application. Owner of agent must be on site. Vehicle Washing - Commercial Establishment at Fixed Location - Voluntary Reduction • Washing is limited to 75 gallons or less per vehicle for cars, vans, and small trucks (under 10,000 lbs. gross vehicle weight) • Large trucks (over 10,000 lbs.) limited to 150 gallons or less. Vehicle Washing - Licensed Custom Servicing at Mobile Location - Voluntary Reduction • Washing /detailing is permitted anytime using low- volume methods such as using a hose with an automatic shut -off nozzle or IoW- volume pressure cleaner. Nurseries • Low - volume irrigation and hand watering is voluntarily reduced. • Inside overhead irrigation is permitted daily, 8 a.m: 8 p.m. • Outside ovedmead irrigation is permitted daily, 7 p.m. -7 a.m. p4ER �N a� 0 b sr;�G South Florida Water Management District 3301 Gun Club Road West Palm Beach, Florida 33406 561- 686 -8800 • FL WATS 800 - 432 -2045 www.sfwmd.gov MAILING ADDRESS: P.O. Box 24680 West Palm Beach, FL 33416 -4680 • Watering new or existing landscaping permitted during residential landscape watering schedule. • Watering newly seeded and: or sprigged areas (planted for less than 30 days) is permitted daily, 10 minutes per irrigation zone: 11:30 a.m. -12 p.m. 1:30 p.m.-2 p.m. and 3:30 p.m. -4 p.m. • Watering porous, non - vegetated recreation /sporting surfaces (baseball infields, clay tennis courts and racetracks) is penmitted 10 minutes prior to each event. Restaurants - Voluntary Reduction • Restaurants are encouraged to serve water only when requested. Applications for Variances Users seeking relief from water -use restrictions should file an application that states how the request qualifies for a variance and describes the nature of the relief desired. The applicant must provide reasonable assurances that the variance will not otherwise harm the water resources of the District. Users must conform to water use restrictions until the variance is granted. Forms and instructions available at www.sfwmd.gov /conserve. For more information, visit our web site at www.sfwmdgov /conserve or call our Water Conservation Hotline at (800) 662 -8876. SERVICE CENTERS Big Cypress Basin /Naples v>- 263aG15 Broward 954 -713 -3200 Florida Keys (Plantation Key) 305 -853 -3219 or 800 - 464 -5067 Lower West coast 239- 338 -2929 or 800 -248 -1201 Martin /St. Lucie 772- 223 -2600 or 800 - 250 -4100 Mlamf,Dode Okeechobee o, 2,0-300 863 - 462 -5260 or 800- 250 -4200 Orlando 407- 858 -6100 or 800 -250 -4250 Palm Beach County 561- 682 -2283 or 800 -432 -2045 Ailenda i"en, [V,, 05 April 24 2967 T�a ^e : ,7 0? c„ RECEIVED SOUTH FLORIDA WATER MANAGEMENT DISTRICr�!t 7 C?.."K'S OFFICE 3301 GUN CLUB ROAD WEST PALM BEACH. FLORIDA ' 2 2H7 "' 4 1 F` IN THE MATTER OF: Order No. 2007 - 060= D',AO,,wam4 iT OiSTRICI Declaration of Emergency Modified Phase II Severe Water Restrictions within the Caloosahatchee River Watershed — North Water Use Basin, Caloosahatchee River Watershed — South Water Use Basin, South Hendry County /L -28 Gap Water Use Basin, Big Cypress Preserve Water Use Basin, Fakahatchee North Water Use Basin, Fakahatchee South Water Use Basin, and the Coastal Collier County Water Use Basin within Lee, Glades, Hendry, Collier. and portions of Charlotte Counties. DECLARATION OF EMERGENCY MODIFIED PHASE II SEVERE WATER SHORTAGE RESTRICTIONS The Governing Board of the South Florida Water Management District (hereinafter 'District "), after considering recommendations of District staff and being otherwise fully apprised of the matter, issues this Order ( "Order') Sections 373.083. 373.175 and 373.246, Florida Statutes ( "F.S. "), and Chapter 40E -21, Florida Administrative Code ( "F.A.C. "), based on the following Findings of Fact and Ultimate Facts and Conclusions of Law. FINDINGS OF FACT 1. The area determined to be under stress is depicted in Exhibit A, which is attached and incorporated into this Order, and is described as: those portions of Lee, Charlotte, Glades, Hendry, and Collier Counties which are within the Caloosahatchee River Watershed - North Water Use Basin, Caloosahatchee River Watershed - South Water Use Basin, the South -Hendry County /L -28 Gap Water Use Basin, Fakahatchee Agenda Item No. 103 Fa e ✓J of `J3 North Water Use Basin, Fakahatchee South Water Use Basin. Big Cypress Preserve Water Use Basin, Coastal Collier County Water Use Basin, and are within the jurisdiction of the District. 2. The sources of water supply that are affected by this Order include: A) all surface waters within the above - mentioned water use basins as identified in Exhibit A that are not covered by Order 2007 - 033- DAO -WS; and B) groundwater from the Water Table, Lower Tamiami, Sandstone and Mid - Hawthorn Aquifers. 3. On the southwest coast of Florida, the Water Table Aquifer. the Lower Tamiami Aquifer, and the Sandstone Aquifer normally receive recharge from rainfall during the wetter months of June through October. Water levels within these sources decline during the dry months of November through May, due to higher demands and reduced rainfall. Rainfall in Southwest Florida has been significantly below normal rainfall levels, ranging from 5 to 8 inches below normal for the dry season (typically November through May) since November 1, 2006- The Southwest Coast Basin has received only 4.12 inches of rain, this Is 34% of the 12.22 inch average rainfall for this time period. The East Caloosahatchee Basin has received only 3.74 Inches of rain, this is 31 % of the 12.03 inch average for this time period. The Big Cypress Preserve Water Use Basin has received 6.33 inches of rain, which is only 55% of the normal 11.56 inches of average rainfall for this time period. 4. Water levels in surface water canals and in the Water Table Aquifer are generally below normal for this time of year. Water levels in the Water Table Aquifer are 1 to 1 -1/2 feet above their lows for the period of record. As water levels in the Water Table Aquifer drop, recharge to the underlying Lower Tamiami and Sandstone otl lien: Na u-n 41p'i'i -'4 �r)(, Aquifers decreases, this in turn causes reductions in the water levels of those aquifers. In addition, low groundwater levels in the Water Table Aquifer result in increased risk of wild fires. 5. Water levels within the Lower Tamiami Aquifer along coastal Collier County and southwestern Lee County range from sea level to a few feet below mean sea level. There is a landward gradient across the saltwater interface in southern coastal Lee County and coastal Collier County as a result of the current drought. These conditions favor saltwater intrusion in these areas. 6 Water levels in the Sandstone Aquifer have reached record low levels for this date and a number of weli water levels within eastern Lee County and western Hendry County are within two feet of their all -time lows. These conditions have caused well failures for domestic wells using suction -type pumps. Water levels within the Sandstone Aquifer in Lehigh Acres are approaching Maximum Developable Limits as described in criteria 3.2.4 of the Districts "Basis of Review for Water Use Applications Within the South Florida Water Management District.' Pursuant to that criteria, harmful aquifer mining occurs when the Maximum Developable Limits are encountered or exceeded. 7. Water levels in the Mid - Hawthorn Aquifer in Lee County are tens of feet below land surface, with several monitoring stations (e.g., North Cape Coral) reporting all -time low levels. Water levels are approximately 10 to 17 feet lower than last year at this date. 8. Lee County Utilities relies on water from the Caloosahatchee River to provide potable supply to portions of their North Service Area. The water intake at the 3 �,aenca lte Yi No, i',!G APrii 24. 2007 Paae 40 o' E3 Olga potable water treatment plant is experiencing saltwater intrusion with dissolved chloride levels of 298 mg /I measured on April 11, 2007. The secondary drinking water standard is 250 mg /I. 9. Lake Okeechobee normally provides freshwater flows to keep the water of the Olga potable water treatment plant fresh. However. Lake Okeechobee has dropped to a level (10.07 as of April 11, 2007) where it is not feasible to deliver sufficient freshwater flows to purge the saltwater from the Olga plant intakes. On March 15, 2007, the District imposed Modified Phase II Severe Water Shortage Restrictions on users of Lake Okeechobee including the North Lee County Utility Service Area. 10. The Climate Prediction Center is projecting a high probability of 'below normal' rainfall from April through May 2007. Prospects for significant rainfall within the next two months are poor. 11. Projected evapotranspiration (ET) is also expected to increase for the months of April and May. Combined with the low rainfall predictions, conditions favor a net reduction in water supply availability over the next two months. At the same time, supplemental demands for consumptive users are anticipated to peak during this period, creating the potential for further depletion of limited surface water groundwater storage. 12. Based on the unanticipated below average rainfall received over the recent dry season, higher than normal temperatures. projected high levels of user demands during this dry period, and unanticipated continuing decline in already low surface water and groundwater levels, the potential for serious harm to the water resources is significant. Id A- 13. The District recognizes there are economic implications of Imposing Phase II restrictions on all use classes within the Lower West Coast. However, implementing such cutbacks are necessary and additional restrictions may be needed in the future. 14. In addition to this Order. Modified Phase II Severe Water Shortage Restrictions have been placed on all users within the Lake Okeechobee Service Area, including the Everglades Agricultural Area Water Use Basin, Lakeshore Perimeter Water Use Basin, Caloosahatchee River Water Use Basin. Portions of the Indian Prairie Water Use Basin, and the St. Lucie River Water Use Basin 'n response to extremely low water availability in Lake Okeechobee, Order No. 2007 - 033- DAO -WS. and Modified Phase III restrictions are being considered at the April 12, 2007 Governing Board meeting. 15. The District finds that an emergency declaration is required to address the need for immediate action. ULTIMATE FACTS AND CONCLUSIONS OF LAW 16. Pursuant to Section 373.083, F.S., the Governing Board is authorized to issue orders to implement the provisions of Chapter 373. F.S., including emergency orders pursuant to Section 120.569(2)(n), F.S. Sections 373.175 and 373.246. F.S.. specifically authorize the Governing Board to issue orders declaring the existence of a water shortage. 17. Section 373.246, F.S., authorizes the Governing Board to adopt a water shortage plan to regulate the withdrawal and use of water resources of the District. Chapter 40E -21, F.A.C., is the District's Water Shortage Plan. `.+1 Aaenda Item No. SUB Apri! 24 20G Page 42 0' 53 18. Pursuant to Rule 40E- 1.611. F.A.C., an emergency exists when immediate action is necessary to protect, public health, safety, welfare: the health of animals, fish or aquatic life: the works of the District: a public water supply, or recreational, commercial, industrial, agricultural or other reasonable uses of land and water resources. 19. Based on the findings recited above and pursuant to Sections 373.175 and 373.246, F.S., it is hereby concluded that emergency conditions exist that pose an immediate danger to the public health, safety. or welfare and requires an immediate order of the District to protect the public health, safety or welfare. 20. A declaration of water shortage and any provision or restriction adopted pursuant thereto under the water shortage plan may be modified by the Board pursuant to Rule 40E- 21.291, F.A.C. Rule 40E- 21.271. F.A.C., recognizes the restrictions contained in Part V of Chapter 40E -21, F.A.C., are general water use restrictions and also authorizes the Governing Board to order any combination of restrictions in lieu of or in addition to those in Part V, Chapter 40E -21. F.A.C. 21. Rule 40E- 21.401, F.A.C., and permit conditions authorize the Governing Board to obtain data concerning monitoring of water usage. The District has monitored the conditions of the water resources and the needs of the users. 22. Based on the cumulative assessment of water availability in Lake Okeechobee and climate forecasts, there is a significant potential that sufficient water will not be available in the regional system to meet anticipated demands without mandatory restrictions on water usage within the Basins. The rapid decline in groundwater level declines and the present and projected water demands in the Basins C ja:,,n "e !,en !ia '0= require the imposition of mandatory water shortage restrictions. 23. Pursuant to Sections 373.083. 373.175 and 373.246, F.S.. and after consideration of the factors listed in Rule 40E- 21.331, F.A.C., and the facts described above, the Governing Board finds that an emergency exists requiring immediate action necessary to protect the public health, safety, and welfare and to protect the health of animals their habitat, recreational and agricultural uses and water resources of the District. 24. Considering the above findings of fact.. it is necessary to declare a water shortage, imposing Modified Phase II Severe Water Shortage Restrictions, as modified, for all use classes withdrawing water from the Water Table Aquifer, the Lower Tamiami Aquifer, the Sandstone Aquifer and the Mid- Hawthorn Aquifer within the Caloosahatchee River Watershed —North Water Use Basin, Caioosahatchee River Watershed —South Water Use Basin, South Hendry County /L -28 Gap Water Use Basin, Big Cypress Preserve Water Use Basin. Fakahatchee North Water Use Basin, Fakahatchee South Water Use Basin, and the Coastal Collier County Water Use Basin within Lee, Charlotte, Glades, Broward, Hendry, and Collier Counties, The Phase II restrictions identified in Rule 40E- 21.531, F.A.C., and as modified by this Order, are geared toward achieving the goal of a 30% cutback in overall demand. ORDER Based upon the above Findings of Fact, Ultimate Facts and Conclusions of Law, the Governing Board orders that: 25. A water shortage is declared and modified Phase II Severe Water Shortage restrictions are imposed on all use classes that withdraw ground water from 7 Agenda lYem No. 105 P,gri' 24. 20G7 Pane ?° o` 6'. the Water Table Aquifer, the Lower Tamiami Aquifer, the Sandstone Aquifer and the Mid - Hawthorn Aquifer and surface waters within the Lower West Coast Region, as depicted in the attached Exhibit A that are not covered by Order 2007- 033- DAO -WS. A copy of the Modified Phase II Severe Water Shortage Restrictions is attached as Exhibit 2 26. Information regarding this Water Shortage Order is posted on the District's Internet Web Site at www.sfwmd.gov. and will be communicated on a water "user hotline" for persons that do not have access to the Internet or have additional questions for District staff. 27. Agricultural uses that are otherwise in the Lake Okeechobee Service Area and use Lake Okeechobee or connected surface waters as a source, shall comply with the Phase II restrictions imposed by Water Shortage Order No. 2007 - 033 -DAO- WS, or subsequently declared, stricter orders affecting all or part of the Lake Okeechobee Service Area. 28. Permitted water users are requested to continue submitting water usage monitoring data in accordance with permit conditions, unless specifically required to report use on a more frequent basis in this Order. In addition, the Director of the Water Use Regulation Department is authorized to request, in writing, those permitted water users whose permit conditions require submittal of water usage monitoring data to provide additional data or data submittals at increased frequencies, as determined appropriate. 29. A user may request relief from this Order by filing an application for variance in accordance with Rule 40E- 21.275. F.A.C., but must conform to the water R I acme tier. too. GE use restrictions until the Executive Director grants a temporary variance or the Governing Board grants a variance. 30. The Governing Board requests that every city and county commission. state and county attorney, sheriff, police officer and other appropriate local government official within the boundaries of Exhibit A assist in the implementation and enforcement of this Water Shortage Order. The District staff will cooperate with the local governments in implementing such enforcement measures. 31. This Order imposing modified Phase II Severe Water Shortage Restrictions, sha!I become effective on April 13. 2007 and shad remain in effect until modified or rescinded by the Governing Board, or the Executive Director, if the circumstances set forth in Subsection 40E- 21.291(5). F.A C., are present. 32. A copy of the Notice of Rights is attached as Exhibit C. DONE AND SO ORDERED at a public meeting held at 3301 Gun Club Road, West Palm Beach, Flor� Nil ls 12th day of April, 2007. OF SOUTH FLORIDA WATER MANAGEMENT DISTRICT (corporate seal) o BY ITS GOVERNING BOARD ATTEST: 'IN �fabl /shea�9S�0 l V 1 11 11.1 � ` B C. 4- . BY: ' CAROL ANN WE Assistant Secre ary Executive Director ON: Legal Form Approved: BY Elizabeth D. Ross E Aoenda lien, Nc 1:i V 4rr11 24 =7 LOWER WEST COAST REGION Modified Phase II Water Shortage (Delineation of Individual Water Use Basins) Caloosahatchee River Watershed - North Il _ aloosahatchee River 1 BO loosahatchee River tersheo - South South Hendry County L -28 Gap So. Hendry County Fakahatchee - North 1 I L -28 Gap 'r ,I Big Cypress Preserve Coastal Collier Fakahatchee - South County' a 1C 41 N T, 10 5 0 10 Miles EXHIBIT A Item Iva S09 a)rii Zd, '1 7 PBae 4! 0? EXHIBIT B MODIFIED PHASE II RESTRICTIONS FOR LOWER WEST COAST (1) Essential /Domestic /Utility /Commercial. (a) Essential Use. 1. The use of water for firefighting, safety, sanitation, health and medical purposes and other essential uses shall not be restricted. 2. Fire hydrant flushing shall be undertaken only on an emergency basis. 3. Sanitary sewer line flushing and testing shall not be restricted except on a voluntary basis. (b) Domestic Type Use. 1. Residential type domestic use shall be voluntarily reduced to 50 gallons per person per day. 2. Domestic type use in industrial and commercial establishments shall be voluntarily reduced. (c) Water Utility Use. 1. Initial pressure at the point of use (meter) shall be reduced to levels no greater than 45 pounds per square inch. Upon reduction of pressure, the utility shall notify the appropriate fire- fighting agencies and make arrangements for direct communication when additional pressure is required. 2. New water line flushing and disinfection shall be restricted to the hours of T00 P -M. to 7:00 A.V. seven days per week. 3. As may be appropriate the utility shah institute additional voluntary conservation measures such as reclaiming of backwash water, improving and accelerating leak detection surveys and repair programs, installing and calibrating meters, and stabilizing and equalizing system pressures. (d) Power Production Use. Water used for power production shall be voluntarily reduced. (e) Commercial and Industrial Process Use. 1. Commercial car washes shall be restricted as follows: a. For washes servicing passenger vehicles and mobile equipment weighing less than 10,000 pounds, i. Use in excess of 75 gallons per wash shall be prohibited; and ii. Use equal to or less than 75 gallons per wash shall be voluntarily reduced; b. For washes servicing mobile equipment weighing 10,000 pounds or more, i. Use in excess of 150 gallons per wash shall be prohibited; and J. Use equal to or less than 150 gallons per wash shall be voluntarily reduced. 2. Water used for commercial and industrial processes shall be voluntarily reduced. 3. Water use for cleaning, adjusting and repair of irrigation systems by a licensed person or entity shall be restricted as follows: a. Projects one irrigated acre or greater in size shall be limited to one hour per acre per week, b. Projects less than one irrigated acre in size shall be limited to 10 minutes per zone per week. 4. Water use for pesticide application under the supervision of a licensed pest control operator shall be voluntarily reduced. Under the provisions of this subparagraph, the applicator must be on the premises when water is applied outside of the hours allowed for irrigation. 5. Water use for well development under the supervision of a licensed well contractor shall be voluntarily reduced. 6. Water use for mobile equipment washing by 2 licensed person or entity shall be voluntarily Aaenca Item No 100 April 24. 2007 ra0e 4 Y j;!. reduced. (2) Agriculture. (a) Agricultural Use. 1. Overhead irrigation of agricultural crops is permitted after 4:00 P.M and before 12:00 P.M.. seven days per week. 2. Low volume irrigation hours shall not be restricted. 3. All irrigation systems shall be operated in a manner that will maximize the percentage of water withdrawn and held which is placed in the root zone of the crop and will minimize the amount of water which is withdrawn and released or lost to the user but is not immediately available for other users. 4. Users having access to more than one source class shall maximize the use of the lesser or least restricted source class. 5. Overhead irrigation stress reduction shall be allowed daily for 10 minutes per irrigation from 11:30 A.M. to 12:00 P.M. and 1:30 P.M. to 2:00 P.M, seven days per week. 6. (a) Livestock Use. Livestock water use shall be voluntarily reduced. (b) Aquacultural Use. Aquacultural water use shall be voluntarily reduced. (c) Soil Flooding. 7. Soil flooding for vegetable seed planting, rice planting, burning of sugarcane prior to harvest and to permit harvesting of sod shall be voluntarily reduced. 8. Soil flooding for all other purposes shall be prohibited. (e) Freeze Protection. Water use for freeze protection shall be restricted to situations in which official weather forecasting services predict temperatures likely to cause permanent damage to ` crops. (3) Nursery/Urban Irrigation /Recreation. (a) Nursery Use. t. Low volume irrigation uses and low volume hand watering shall be voluntarily reduced. 2. Overhead irrigation uses shall be restricted as follows: a. Inside — 8:00 A.M. to 8:00 P.M. seven days per week. b. Outside — 2:00 A.M. to 8:00 A.M.. seven days per week. c. Outside overhead irrigation for containerized nursery stock moisture stress reduction on stock grown in containers shall be allowed daily for 10 minutes per Irrigation zone during daylight hours seven days per week. 3. Flood irrigation systems shall be restricted to 6 days per month. (b) Landscape Irrigation — New Installation. 1. For installations which have been in place for less than 30 days, and a. less than 5 irrigated acres in size, water use for irrigation shall be restricted to the hours of 4:00 A.M. to 8:00 A.M., Monday, Tuesday, Wednesday, Thursday, Saturday and Sunday. b. 5 irrigated acres or greater in size, water use for irrigation shall be restricted to the hours of 2:00 A.M. to 8:00 A.M. Monday, Tuesday, Wednesday, Thursday, Saturday, and Sunday. 2. Low volume irrigation and low volume hand watering of new landscaping shall be voluntarily reduced. 3. Cleaning and adjusting of new irrigation systems shall be restricted to 10 minutes per zone on a one time basis. (c) Landscape Irrigation — Existing Installation. 1. For existing installations less than 5 irrigated acres in size, water use for irrigation shall be restricted to the hours from 4:00 A.M. to 8:00 A.M. for all types of irrigation, except low volume Denaa Item No, I 0 nprk ?4. ?0.`.:7 aaegca��' irrigation or otherwise provided in subsection c., and 5:00 P.M. to 7:00 P.M. for low volume hand watering, for two days per week. a. Installations with odd addresses shall be permitted to irrigate on Wednesday and Saturday. b. Installations with even addresses or no address shall be permitted to irrigate on Thursday and Sunday. c. Installations which irrigate both even and odd addresses, including multi - family units, with existing landscapes less than five irrigated acres in size shall be permitted on Thursday and Sunday and shall be restricted to the hours from 4:00 A.M. to 8:00 A.M., and 5:00 P.M. to 7:00 P.M. for low volume hand watering. No area may be irrigated more than 2 days per week. 2. For existing installations 5 irrigated acres or greater in size, water use for irrigation shall be restricted to the hours from 12:01 A.M. to 8:00 A.M. for all types of irrigation, except low volume irrigation or otherwise provided in subsection c., and 5:00 P.M. to 7:00 P.M. for low volume hand watering, for two days per week. a. Installations with odd addresses shall be permitted to irrigate on Wednesday and Saturday. b. Installations with even addresses or no address shall be permitted to irrigate on Thursday and Sunday. c. Installations which irrigate both even and odd addresses. including multi - family units, with existing landscapes 5 irrigated acres and greater in size, shall be permitted on Thursday, and Sunday and shall be restricted to the hours from 12:01 A.M. to 8:00 A.M. and 5:00 P.M. to 7:00 P.M for low volume hand watering. No area may be irrigated more than 2 days per week 3. Water use for cleaning, adjusting and repair of existing irrigation systems shall be limited to ten minutes per zone per week. 4. Low volume irrigation shall be voluntarily reduced. Low volume hand watering of existing landscaping as minimally necessary to prevent plant die off is allowed. S. Irrigation of Bermuda turfgrass sports fields shall be restricted to the hours of 12:01 A.M. to 8:00 A.M. on Thursdays and Sundays. Irrigation of surrounding facilities not planted in Bermuda turfgrass shall be irrigated as per the restrictions for the irrigation of existing landscape as stated in Subsection (d), as applicable. (d) Recreation Area Use. 1. Landscape irrigation for new and existing recreation areas shall be restricted to the hours prescribed for new and existing landscape irrigation in paragraphs (b) and (c) respectively. 2. Irrigation of seeded and/or sprigged recreation areas that have been in place for less than thirty days shall be allowed daily for 5 minutes per irrigation zone from 11:30 A.M. to 12:00 P.M., 1:30 P.M. to 2:00 P.M. and 3:30 P.M. to 4:00 P.M. 3. Watering of pervious non - vegetated recreational /sporting surfaces shall be restricted to ten minutes of application prior to each recreational /sporting event. Low volume watering shall be used. (e) Golf Course Use. Golf courses shall reduce their 1 in 10 monthly demands as calculated using the District's Basis of Review for Water Use Applications by 30 %. The 30% cutback shall be calculated and applied on a weekly basis and the irrigation volumes applied shall be reported to the District via fax (561 682 -2633) or phone (561 682 -2190) by noon every Friday. For those golf course that use water from multiple sources, such as surface water and reclaimed water. the weekly pumpage reports shall specify the volumes pumped from each source. (f) Water Based Recreation Use. 1. Water based recreation water use shall be voluntarily reduced. 2. Draining of facilities into sewers or onto impervious surfaces shall be prohibited. 3. Existing facilities shall not be refilled except for makeup water, unless the facility is leaking 1111, Agenda Item N:;. "i0B Paae 50 of 53 more than one inch of water a day. If a facility is leaking more than one inch of water a day and is in need of repair, it may be drained onto a pervious surface for repairs and subsequently refilled. (4) Miscellaneous. (a) Cooling and Air Conditioning Use. The use of water for cooling and air conditioning shall be restricted to that amount of water necessary to maintain a minimum temperature of 78 degrees Fahrenheit. (b) Dewatering Use. Discharge of fresh water to tide from dewatering shall be prohibited. (c) The watering in of individual cemetery grave sites to complete burial services shall be conducted via low volume hand watering only. (d) Filling of existing water based recreational facilities is allowed after repair or resurfacing. (e) Water served in restaurants shall only be provided upon request. (f) Other Outside Uses. 1. Washing or cleaning streets, driveways, sidewalks, or other impervious areas with water shall be prohibited. 2. Outside pressure cleaning shall be restricted to only low volume pressure cleaning. Non- commercial low volume pressure cleaning shall be permitted on Wednesday and Saturday for odd addresses or Thursday and Sunday for even addresses. Commercial low volume pressure cleaning may occur seven days a week. 3. Mobile equipment washing with water shall be restricted to the hours and days prescribed for existing landscape irrigation in paragraph (3)(c)1., using only low volume mobile equipment washing methods and shall be conducted over a pervious surface or in an area that immediately drains to a pervious surface. Rinsing and flushing of boats after saltwater use shall be limited to 15 minutes once a day for each boat. 4. Washing boats that serve as a primary residence shall be restricted to the hours and days prescribed for existing landscape irrigation in paragraph (3)(c)1. Boats with an odd slip number shall be permitted to be washed on Wednesday and Saturday. Boats with an even slip number or no slip number shall be permitted to be washed on Thursday and Sunday. 5. Rinsing of salt spray from vehicles in coastal areas shall be limited to 2 minutes per vehicle, one time per day. Low volume methods shall be used. 6. Watering of fertilizer or pest control products as required by the product label is permitted for a maximum of 10 minutes per zone immediately following applcation. The applicator must be on the premisses when water is applied outside of the hours otherwise applicable irrigation restrictions provided herein. (g) Aesthetic Use. 1. Non - recirculating outside aesthetic uses of water shall be prohibited. 2. Water use for outside aesthetic purposes by facilities that recirculate water shall be voluntarily reduced and must meet the following criteria: a. Draining of water from outside aesthetic facilities into sewers or onto impervious surfaces is prohibited. b. Outside aesthetic facilities shall not be operated when wind conditions cause water to be lost from the recirculating capacity of the facility. c. Outside aesthetic facilities that leak water shall not be operated. d. Outside aesthetic facilities that lose water due to an overflow shall not be operated. 3. Inside aesthetic uses of water shall be voluntarily reduced. 4 4,e a It ^m No. 'Oc 4;pril Z 20;,7 Paae 5 1 o` 53 NOTICE OF RIGHTS As required by Sections 120.569(1), and 120.60(3), Fla. Stat., following is notice of the opportunities which may be available for administrative hearing and /or judicial review when the substantial interests of a party are determined by an agency. Please note that this Notice of Rights is not intended to provide legal advice. Not all the legal proceedings detailed below may be an applicable or appropriate remedy. You may wish to consult an attorney regarding your legal rights. Right to Request Administrative Hearing A person whose substantial interests are or may be affected by the South Florida Water Management District's (SFWMD or District) action has the right to request an administrative hearing on that action pursuant to Sections 120.569, 120.57, and 120.60(3). Fla. Stat. Persons seeking a hearing on a District decision which does or may determine their substantial interests shall file a petition for hearing with the District Clerk within 21 days of receipt of written notice of the decision in accordance with Rule 28- 106.111, Fla. Admin. Code. Any person who receives written notice of a District dec sion and fails to file a written request for hearing within 21 days waives the right to request a hearing on that decision as provided by Subsection 28- 106.111(4), Fla. Admin. Code. The Petition must be filed at the Office of the District Clerk of the SFWMD. 3301 Gun Club Road, P.O. Box 24680, West Palm Beach, Florida. 33416, and must comply with the requirements of Rule 28- 106.104 Fla. Admin. Code. Filings with the District Clerk may be made by mail, hand - delivery or facsimile. Filings by e-mail will not be accepted. A petition for administrative hearing is deemed filed upon receipt during normal business hours by the District Clerk at SFWMD headquarters in West Palm Beach, Florida. Pursuant to Rule 28- 106.104, Fla, Admin, Code, any document received by the office of the District Clerk after 5:00 p.m. shall be filed as of 8:00 a.m. on the next regular business day. • Filings made by mail must include the original and one copy and must be addressed to the Office of the District Clerk, P.O. Box 24680, West Palm Beach, Florida 33416. • Filings by hand - delivery must also include the original and one copy of the petition. Delivery of a petition to the District's security desk does not constitute filing. To ensure proper filing, it will be necessary to request the District's security officer to contact the Clerk's office. An employee of the District's Clerk's office will file the petition and return the extra copy reflecting the date and time of filing. • Filings by facsimile must be transmitted to the District Clerk's Office at (561) 682 -6010. Pursuant to Subsections 28- 106.104(7) (6) and (9) Fla. Admin. Code. a party who files a document by facsimile represents that the original physically signed document will be retained by that party for the duration of that proceeding and of any subsequent appeal or subsequent proceeding in that cause. Any party who elects to file any document by facsimile shall be responsible for any delay, disruption, or interruption of the electronic signals and accepts the full risk that the document may not be properly filed with the clerk as a result. The filing date for a document filed by facsimile shall be the date the District Clerk receives the complete document. Rev. 9/12/06 1 EXHIBIT C F,cenca Itern No. 10B 4pril24 20C;7 -aoe �? of 53 The following provisions may be applicable to SFWMD actions in combination with the applicable Uniform Rules of Procedure (Subsections 40E -0 109(1)(a) and 40E- 1.511(1)(a), Fla. Admin. Code): (1)(a) "Receipt of written notice of agency decision" as set forth in Rule 28- 106.111, Fla. Admin. Code, means receipt of either written notice through mail or posting that the District has or intends to take final agency action, or publication of notice that the District has or intends to take final agency action. (b) If notice is published pursuant to Chapter 40E -1, F.A.C., publication shall constitute constructive notice to all persons. Until notice is published, the point of entry to request a formal or informal administrative proceeding shall remain open unless actual notice is received. (2) If the District's Governing Board takes action which substantially differs from the notice of intended agency decision the persons who may be substantially affected shall have an additional point of entry pursuant to Rule 28- 106.111. Fla. Admin. Code, unless otherwise provided by law. The District Governing Board's action is considered to substantially differ from the notice of intended agency decision when the potential impact on water resources has changed. (3) Notwithstanding the timeline in Rule 28- 106.111, Fla. Admin. Code, intended agency decisions or agency decisions regarding consolidated applications for Environmental Resource Permits and Use of Sovereign Submerged Lands pursuant to Section 373.427. Fla. Stat., shall provide a 14 day point of entry to file petitions for administrative hearing. Hearings Involving Disputed Issues of Material Fact The procedure for hearings involving disputed issues of material fact is set forth in Subsection 120.57(1). Fla. Stat., and Rules 28- 106.201 -.217, Fla. Admin. Code. Petitions involving disputed issues of material fact shall be filed in accordance with Rule 28- 106.104, Fla. Admin. Code, and must comply with the requirements set forth in Rule 28- 106.201, Fla. Admin. Code. Hearings Not Involving Disputed Issues of Material Fact The procedure for hearings not involving disputed issues of material fact is set forth in Subsection 120.57(2), Fla. Stat, and Rules 28- 106.301 -.307. Fla. Admin, Code. Petitions not involving disputed issues of material fact shall be filed in accordance with Rule 28- 106 -104, Fla. Admin. Code, and must comply with the requirements set forth In Rule 28- 106.301. Fla, Admin. Code. Mediation As an alternative remedy under Sections 120.569 and 120.57, Fla. Stat., any person whose substantial interests are or may be affected by the SFWMD's action may choose to pursue mediation. The procedures for pursuing mediation are set forth In Section 120.573, Fla. Stat., and Rules 28- 106.111 and 28- 106.401 -.405, Fla. Admin. Code. Choosing mediation will not adversely affect the rights to a hearing if mediation does not result in a settlement. DISTRICT COURT OF APPEAL Pursuant to Sections 120.60(3) and 120.68, Fla. Stat., a party who is adversely affected by final SFWMD action may seek judicial review of the SFWMD's final decision by fling a notice of appeal pursuant to Florida Rule of Appellate Procedure 9.110 in the Fourth District Court of Appeal or in _. the appellate district where a party resides and filing a second copy of the notice with the SFWMD Clerk within 30 days of rendering of the final SFWMD action. Rev. 9/12106 2 EXHIBIT C LiG "l 24. V,,7 pane 56 O` Irrigation Quality (IQ) Water Operations Protocol for Water Restrictions Collier County Water /Sewer District IO Water System Our Collier County Water /Sewer District (CCWSD) IQ Water system is permitted as a blended system whereby reclaimed water is supplemented with water from two well - fields (Mule Pen and Pelican Bay). Therefore Phase II Severe Water Shortage restrictions would apply to our interconnected IQ system, as confirmed to the Collier County Public Utilities Division, Wastewater Director by the SFWMD -Big Cypress Basin Board's Director (the SFWMD) on 4/16/2007. Collier County Water /Sewer District IO Water System Protocol The following is the IQ Water system prioritized protocol to be followed during the water restrictions as reviewed and approved by the SFWMD on 4/16/2007 IQ Water supplemental wells, Mule Pen and/or Pelican Bay, may be used in combination to meet the demand as needed under the restrictions and will be only utilized up to and not exceeding 70% of production capacity. 2. IQ Water supplemental wells will only be utilized up to and not exceeding 70% of permitted production capacity, in alignment with the Phase II restrictions. 3. In a surplus reclaimed water situation, withdrawal from Mule Pen (MP) wells will be the first withdrawal to be reduced to prevent Deep Injection Well (DIW) disposal for compliant IQ Water. 4. Pelican Bay (PB) wells will be the next withdrawal to be reduced to prevent reclaimed DI W disposal for compliant IQ water. 5. If there is additional surplus reclaimed water available, it will be utilized for public purpose such as the Collier County Parks (North Regional Park and others connected to the IQ water system). As soon as the operational permits for the Aquifer Storage and Recovery (ASR) well are granted, any surplus reclaimed water will be used to charge the ASR well. 6. All IQ Water customers will be responsible for compliance with the restrictions and compliance reporting as directed by the SFWMD. 7. Collier County Water Sewer District will continue to coordinate with the SFWMD to optimize IQ Water resources in compliance with the declared restrictions. George Yilmaz Wastewater Director, Public Utilities Division 16 April, 2007 Aoenda Item No. 100 April 24. 2007 Pace 1 of 6 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners provide the County Manager or his designee direction as to the manner for calculating allowable wetslips when a project shoreline is within a conservation easement. OBJECTIVE: To have the Board of County Commissioners (BCC) provide the County Manager or his designee direction as to the manner for calculating allowable wetslips when a project shoreline is within a conservation easement. CONSIDERATION: On December 12, 2006, the BCC directed the County Manager to report back to the BCC as to how staff has applied the Manatee Protection Plan (MPP) criteria for calculating the maximum number of wetslips allowed for a proposed multi - docking facility. This Executive Summary addresses the rationale for how staff has applied the MPP criteria to calculate maximum wetslip densities when a project proposes a wetslip docking facility with its shoreline in a conservation easement (CE). Possible future actions are also provided for the BCC's consideration. Since the adoption of the MPP in May 1995, staff has applied the provisions of the MPP to exclude the amount of shoreline within CE's from the calculation of maximum allowable wetslips. Until recently, this application has occurred without review of the CE itself. This has r the effect of reducing the number of wetslips for a facility where its property has shoreline in a CE. The specific question that staff is requesting direction from the BCC is: How should the County calculate the maairnrnn number of wetslips./or a multi- docking facility when part of the project's shoreline is within a conservation easement? MPP and Land Development Code (LDC) Provisions Relevant portions of the MPP and LDC are contained in Attachment A. The rating system specified in the LDC uses the amount of shoreline to calculate the maximum number of wetslips. Although the LDC specifies that the purpose of the marina siting criteria is to help determine the maximum wet slip densities in order to improve existing Manatee protection, neither the LDC nor the MPP definition of shoreline specifically addresses shoreline within CE's. Both the MPP and LDC do, however, recognize that mangrove systems are necessary and important habitats for Manatee protection. State evaluation of MPP criteria Staff has coordinated its review of projects with the State Florida Wildlife Conservation Commission (FWCC) since the State was part of the development of the MPP and provided its approval of the County's MPP. The County has also adopted the MPP into the Conservation and Coastal Management Element of the County's Growth Management Plan. The State looks to the County to evaluate a proposed project and to determine its consistency with the MPP. The State also utilizes these criteria in its own permitting processes. State agency staff have advised County staff that the total length of shorelines, including that which is within CE's, is used in the calculations for maximum allowable wetslips where the 4a-nda lien, !•d CiC purpose of the CE is vegetation management. However, where the CE prohibits "in -water structures ", the length of shoreline within the conservation easement is excluded from the calculations and thus the number of allowable wetslips are reduced in proportion to the length of the excluded shoreline. State staff indicate that "in -water structures" can be characterized as the construction and operation of future docks, wet or dry slips, piers, launching facilities or structures other than existing on the property, or activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation including, but not limited to, ditching, diking, dredging, and fencing. Sample Calculations Attachment B provides examples of calculations for shorelines that are contained within or are located outside of CE's. Note that in both the examples, the location of the actual wetslip facility must be located outside of the CE. The calculated maximum allowable wetslips depends on whether the part of the shoreline is contained within a CE. Case I assumes that the length of shoreline within a CE's shoreline can not be used in the calculation of maximum allowable wetslips. Case 11 shows the calculation of the maximum allowable wetslips when no part of the shoreline is within the CE. Countv Staff Application of MPP Criteria In approximately 1990. staff had gathered various environmental data and had discussions with past County Attorneys regarding CE's. Staff understood that a CE would remove all development rights, and thus there are no rights that the property owner can transfer. If no development rights exist on a shoreline_ then the length of this shoreline can not be used to calculate wetslips that will be transfen-ed to another area not encumbered or protected by a preserve designation or CE. Therefore, Enviromnental Review Staffs conclusion is when there is a CE over an area of shoreline, that area cannot be utilized for calculating the maximum allowable wetslips. Only shoreline that is outside the CE /Preserve area had been used in this determination. However, in a January 2006 evaluation of a project, staff from the Office of the County Attomey reviewed various documents including the existing CE, the GMP, the LDC, the MPP, State Statutes, and State cases in order to determine whether shoreline length in the CE area should be excluded from the calculation to determine the number of allowable boat slips. The result of this review essentially provided environmental staff with a procedure that specified the review of the actual language of a conservation easement must be conducted to determine if the easement language excludes the use of the easement shoreline to calculate the amount of wetslips. Inspecting the CE to determine its prohibitions is also consistent with the State's application as outlined above. Typically the County's required CE does not allow for boat slips to be placed within the boundary of the Conservation Easement or Preserve area. In fact, the County's current LDC criteria would limit most structures, except for structures providing access through the preserve, benches and educational signs. Although our current CEs would likely prohibit the placement of docks and docking facilities within the CE, the recent guidance from the County Attomey's Office would have staff inspect the actual CE language for all CE's to determine if the shoreline within the CE can be used in the maximum wetslip calculation. =n u'i2mf�c.1U� P.. Recommendations Based on previous County Attorney reviews and recommendations, staff recommends that the BCC consider the following tasks for staff to perform when applying the criteria of the LDC and MPP regarding the calculation of maximum allowable wetslips when all or a portion of a project's shoreline is within a CE: A. For projects having existing CE's or Preserves 1. Have the County Attorney's Office review the CE to determine if the CE addresses shoreline development rights. 2. Consult with the State to determine if the State finds the CE to eliminate any future wetslips. (This would essentially be consulting the State for Technical Assistance for listed species issues.) 3. Apply the most restrictive criteria from the review of 1 and 2. B. For projects where Preserve areas and CE's are not pet established. 1. Identify in the development document the location of the proposed docking facility and preserve area that requires a CE. 2. Use the total shoreline for calculating the maximum allowable wetslips and identify this value in the development document. �. Require the CE to specify that the shoreline contained within can no longer be used for calculating wetslips. FISCAL IMPACT: There is no fiscal impact to the County for this agenda item. GROV1'TH MANAGEMENT IMPACT: The County has incorporated the MPP within Conservation and Coastal Management Policy 7.2.1 and Policy 7.2.3. LEGAL CONSIDERATIONS: There is nothing in the Growth Management Plan or Land Development Code (LDC) that specifically addresses the issue. Therefore, how to handle this matter becomes a policy determination for the Board. Once the decision is made, the Board should also direct that the LDC be amended so the policy decision can be memorialized. RECOMMENDATION: That the Board of County Comunissioners provide the County Manager or his designee direction for calculating wetslip densities when shorelines are within Conservation Easements. PREPARED BY: William D. Lorenz Jr., P.E., Environmental Services Department Director Aaenda Item No. i0C V April 2Z 2067 Pape 4 of c Attachment A. Relevant Portions of the Manatee Protection Plan and Land Development Code • MPP (Section 3.2.4, Marina Siting Criteria) Collier County and the FDEP's Office of Protected Species Management has developed a rating system for marina siting throughout the remainder of the County. The purpose of the marina site rating system is to help determine the maximum powerboat wetslip densities in order to improve existing Manatee protection. The marina site rating system gives a ranking based on three (3) criteria; water depth, native marine habitat and Manatee abundance. Native marine habitats include seagrass beds, salt marshes, mangroves or other biologically productive submerged and shoreline habitats which may be adversely affected or destroyed by dredging and filling activities. • LDC (Section 5.05.02) A rating system is established to evaluate proposed marina facilities. 777e purpose of the marina site rating system is to help determine the maxinmmn wet slip densities in order to improve existing Manatee protection. The marina site rating system gives a ranking based on three (3) criteria: water depth, native ma-irne habitat, and Manatee abundance. • LDC (Section 5,05.02) For shoreline vegetation such as mangroves, "no impact " is defined as no greater than five (5) percent of the native rnnm•ine habitat is disturbed. For sea grasses, no innpact" means no more than 100 square feet ofsea grasses can be impacted. • LDC (Section 5.05.02 for Preferred sites. Density for Moderate and Protected sites are specified as 10 and 1 boat slips per 1(10 feet of shoreline, respectively.) New or expanded wet slip marinas and rmrlti- family facilities shall be allowed at a density of up to eighteen (18) boat slips for every 100 feet of shoreline. • LDC Definition. Shoreline or shore. The interface of land and water and, as used in the coastal nnanagenrent element requirements, is limited to oceanic and estuarine interfaces. • LDC (Section 3.05.07.H.1.h) Allowable uses within preserve areas. Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas, as long as any clearing required to facilitate these uses does not impact the minimum required vegetation. For the purpose of this section, passive recreational uses are those uses that would allow limited access to the preserve in a manner that will not cause any negative impacts to the preserve, such as pervious pathways, benches and educational signs. Fences nnav be utilized outside of the preserve to provide protection in the preserve in accordance with the protected species section 3.04.01 D.I.c. Fences and 14,011s are not permitted within the preserve area. Attachment B. Sample Calculations Case I (Portion of the Shoreline is within a Conservation Easement) I i soo Concervamn Easemem Total Shoreline - 1 DOD feet reef I Shoreline not within a Conservation Easement -400 feet I I i Moderate Rating (10 wetslips per 1 DO feet of Shoreline) Shoreline I Maximum Number of Allowable wetlips: 10 slips per 100 feet X 4 = 40 wetslips I 1 r r r r r mo�V� Docking Facility Case I1 (-o part of the Shoreline is within a Conservation Easement) r r r r r -- r 600 I I I Conservation Easement I I I I Shoreline I r I r I r r I I r r r r r r r r r r r r r r r I r r r 1 i I I 1 Total Shoreline - 1000 feet 1 Shoreline not within a Conservation Easement — 1000 feet °oo Docking Facility aer Moderate Rating (10 wetslips per 100 feet of Shoreline) Maximum Number of Allowable wetlips: 10 slips per 100 feet X 10 = 100 wetslips yr fi ng2p[i8 I[ +mrd2Iv4c. . Faue6, "AI ttt,C . COLLIER COUNTY BOARD OF COUNTY COMM1tI5S101icP.S -- Item Number: "J0 Item Summary Sid It, SO3f(I t, Gpmmis.s 11 11 OV1,11 the _ )' M -""'l it, n dl,JD . t' th, mann9 Yp: ICLIati, aiot oe NBIS1uJ5 e pro-ci sho'llte is wllnlr a - roe- ioreaso en_Wmbph Y_S'J "rrhnm¢ tzunity Gevelopr�to, and Fn,Dnrnanta'. Serviced) Meeting Date: 4f241200' 9D000 AM Prepared By Wllham D, Lorenz, Jr., P.E. Environmental Senores Director Date Commumty Development & _ InInrimarrimal 5ervices Environmental Se—ve 312012007 4:42'.12 PM Approved By Judy P." Ooerations Analyst Date ,.I.onninno, Development & Gommane, Development & Er,ronmentel Services Enmromesnral Sarnaes Arnin. 17912007 11 �p AM Approved By Marlene 52ewart Executive Secretary Do' Commmn, Development& Community Deval ooment& e: 5er v _ octal S - na Atlnun ,."2512007 11 16 ANI Approved By r v.. v,e i ITI.11 . 19 1-21 -'It Gttar•If iat. Approved B. ..�mv....n: Beomnnvm6 Approved B, Approved It, la,ii Isaasan E"', 1ce9st Dare lAanapers JtOce Oft — nt M areamnantL Berne, d'131L0p %tt.59ANI Approved By James V Muad eo my Manton- Dat, Boar, of Counp C.mtYMana ",Out- all- i"u,'1L PM ,_ Acienda Item No. 10D April 24, 2007 Faae 1 of 7 EXECUTIVE SUMMARY Recommendation to the Board of County Commissioners (Board) to consider options for the creation of a Fire Review Task Force to review issues and concerns related to fire review and inspections associated with the building plan review and permitting process; to review the building review and permitting procedures related to fire review and to review and make a recommendation to the Board regarding the amending of or repeal of Collier County Ordinance 2002 -49, as amended by Ordinance 2005 -32, the Collier County Fire Prevention and Protection Code pertaining to adopted standards and codes of the Florida Fire Prevention Code published by the National Fire Protection Association (NFPA), as amended by the State of Florida OBJECTIVE: That the Board of County Commissioners (Board) review the proposed options for creating a "Fire Review Task Force" to review issues and concerns related to fire review and inspections associated with the building plan review and permitting process to review the building review and permitting procedures related to fire review and to review and make a recommendation to the Board regarding the amending of or repeal of Collier County Ordinance 2002 -49, as amended by Ordinance 2005 -32. the Collier County Fire Prevention and Protection Code pertaining to adopted standards and codes of the Florida Fire Prevention Code published by the National Fire Protection Association, (NFPA), as amended for the State of Florida CONSIDERATIONS: At the conclusion of the March 19, 2007 BCC -Fire Districts Steering Committee Joint Workshop, the Board directed the County Manager, or his designee, to bring back to the Board options for forming a task force to review the issues raised in the meeting regarding fire reviews related to the Building Review and Permitting Process and to review the merits of Ordinance 2005 -32, the Collier County Fire Prevention and Protection Code and in doing so recommend to the Board whether the local code should be amended or repealed. Listed below are 5 options: Option 1 — Delegate to the Development Services Advisory Committee (DSAC) and task the Development Services Advisory Committee (DSAC) to create a Subcommittee to address the issues and concerns raised in the meeting. The DSAC is already a Board appointed and approved active committee composed of representatives of the development community and all meetings are properly advertised and comply with the Florida Sunshine Laws. The DSAC could be tasked to form a Subcommittee comprised of selected members of the DSAC as well as the development community and related stakeholders nominated by the Collier Building Industry Association (CBIA), the American _ Institute of Architects (AIA), fire inspectors, members of the community or any other organization or entity deemed appropriate and acceptable to the Board. The Collier County Fire Review Task Force - 4/06/07 Building Official, Bill Hammond, and the Collier County Fire Official, Ed Riley, as well as respective staff can serve as subject matter experts and advisors to the Subcommittee. If the Board approves this option, it could either leave the composition of the Subcommittee as well as control and oversight of the process to the Chair of the DSAC or it could ask that the Chair of the DSAC bring back for the approval of the Board the composition and associated names of the members of the Subcommittee. Any and all results of this Subcommittee would be forwarded to the DSAC for review and recommendation then vetted through the Board of Adjustment and Appeals (BOAR) for final recommendation to the BCC. The DSAC, at the April 11, 2007 meeting voted unanimously in support of this option. As noted below from the Code of Laws and Ordinances, this function is clearly within the codified duties and responsibilities of the DSAC (underlined emphasis added). From the Code of Laws and Ordinances, Chapter 2, Administration, Article VIII, BOARDS, COMMISSIONS, COMMITTEES AND AUTHORITIES, DIVISION 12. DEVELOPMENT SERVICES ADVISORY COMMITTEE Sec. 2 -1031. Created. The County Development Services Advisory Committee is hereby created to provide reports and recommendations to the Board of County Commissioners to assist in the enhancement of operational efficiencv and budL,.etary accountability within the Community Development and Environmental Services Division and to serve as a primary communication link between the Community Development and Environmental Services Division, the development industry and the citizens of the County. (Ord. No. 93 -76, § 1; Ord. No. 95 -60, § 1, 11 -7 -95) Sec. 2 -1032. Appointment and composition. (a) The Development Services Advisory Committee shall be composed of 15 members. (b) Members shall represent the various aspects of the development industry with one or more members from each of the following classifications: 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. In the event that members cannot be secured filling all the classifications listed above, other individuals may be considered. (c) Members of the Committee shall serve at the pleasure of the Board of County Commissioners and shall be permanent residents and electors of the County. (d) Appointment of members to the Committee shall be by Resolution of the Board of County Commissioners and such Resolution shall set forth the date of appointment and the term of office of each member. Sec. 2 -1037. Functions, powers and duties. The functions, powers and duties of the Development Services Advisory Committee shall be as follows: (1) To serve as a primary communication link between the Community Development Services Division and the development industry, which includes environmentalists, Fire Review Task Force - 4/06/07 2 = gen a iten, No. 10D designers, developers and contractors involved in both site work and building construction. (2) To make recommendations as to rules and procedures to enhance the operational efficiency and budgetary accountability which may include plan review, permit issuance, inspections code enforcement contractor licensing., facility improvements and building and development related fees. (3) To identify concerns of the development industry and present them at regularly scheduled advisory committee meetings. (4) To provide input to staff regarding the creation of new rules, processes and procedures associated with the development industry. (5) To increase the awareness of adopted building and development standards by promoting development industry educational programs. (6) To prepare and recommend to the Board of Countv Commissioners technical and administrative programs designed to enhance the proficiencv and customer services of the Community Development and Environmental Services Division. (7) To develop an Advisory Committee Monitoring program of the key review activities of the Division for the purpose of providing continuing feedback on both the quality and quantity of services rendered by the Division. (8) To design a technical review /customer service evaluation form for response by users ofthe Community Development and Environmental Services Division. (9) To submit an annual report to the County Administrator and the Board of County Commissioners which shall summarize findings and issues during the report year and the status of their resolution. (10) To review proposed ordinances and codes that may affect the Community Development and Environmental Services Division prior to their submittal to the Board of County Commissioners for approval. (11) To perform or assist with any other function or duty as requested by the County Administrator or the Board of County Commissioners. (12) To adopt and amend guidelines to govern their meetings and operations, subject to the approval of the Board of County Commissioners. (13) The Committee meetings shall be open to the public. Option 2 — Delegate the responsibility to the Board of Adjustment and Appeals As with the DSAC, the BOAA is a standing board sanctioned and approved by the Board. Though the BOAA could be tasked with the responsibility to analyze the issues, the duties and responsibilities as codified in the LDC are rather limited in comparison to those of the DSAC. In addition, staff is recommending that any recommended change to the Local Fire Ordinance be vetted through the BOAA. Board of Adjustment and Appeals. 8.05.02 Powers and Duties. The Building Board shall have the following powers and duties: Fire Review Task Force - 4/06/07 Agenda Item No. 10D Ap; it 7,4. 2007 Page 4 of 7 A. To review and approve, with or without modifications or conditions, or deny an appeal from a decision of the Building Official with regard to a variance from the mode or manner of construction proposed to be followed, or materials to be used, in the erection or alteration of a building or structure, or when it is claimed that the provisions of the Florida Building Code and Florida Fire Prevention Code, as listed in Chapter One, do not apply, or that an equally good or more desirable form of construction can be employed in any specific case, or when it is claimed that the true intent and meaning of such building codes and technical codes or any of the regulations there under, have been misconstrued or wrongly interpreted by the Building Official; B. To accept appeals and render decisions pursuant to interlocal agreements between the County and Independent Fire Districts which have entered into such agreements; C. To recommend to the BCC additional or amended rules of procedure not inconsistent with this LDC to govern the Building Board's proceedings: and D. To make its special knowledge and expertise available upon reasonable written request and authorization of the BCC to anv official, department, board commission or aeenev of the County. State. or Federal -,overnmcnis. Option 3 — Create a "Task Force" comprised of one (1) member from each of the following: Development Services Advisory Committee (DSAC) Board of Adjustment and Appeals (BOAA) Fire Steering Committee (FSC) Collier County Planning Commission (CCPC) Collier County Productivity Committee (PC) The DSAC BOAA, CCPC and PC are all Board sanctioned and approved advisory committees comprised of volunteers from the community. The Fire Steering Committee is composed of the elected officials from each of the five respective Independent Fire Districts. One point to consider, if this option is selected, is that the members of the steering committee are financially compensated whereas the members of the other advisory boards are volunteers. Option 4 — Create a "Task Force" comprised of three (3) members from each of the following: Collier Building Industry Association (CBIA) Fire Steering Committee (FSC) Collier County Productivity Committee (PC) As with Option 2, any appointed member from the CBIA and Productivity Committee are volunteers whereas the members of the Fire Steering Committee are elected officials compensated for their service. Option 5 — Appoint I member from each of following: Collier Building Industry Association, Collier County Building Department, Collier County Fire Code Office, American Institute of Architects, Fire Marshal's Association, and the Fire Service Steering Committee. Fire Review Task Force - 4/06/07 4 t,aen:n itern I %o.'0D 24. 2`IU% At the April 12, 2007 meeting of the Board of Fire Commissioners of the North Naples Fire Control 8r Rescue District, the Board made the following recommendation for members to serve on the County Fire Prevention Ordinance Task Force: A member from each of the following: Collier Building Industry Association Collier County Building Department Collier County Fire Code Officials Office American Institute of Architects Fire Marshal's Association Fire Service Steering Committee If Option 3, 4 or 5 is selected or any combination from these three options the Board will have to follow the guidelines as defined in the Collier County Code of Laws and Ordinances, Chapter 2, Administration, Article VIII, Boards, Commissions, Committees and .Authorities. DIVISION 2. Standards for the Creation and Review of Boards as noted below: See. 2 -828. Creation of new boards. (a) All Boards created after the effective date of this division shall be created by ordinance only, except for Ad -hoc or Task Force Committees. Such ordinance shall set forth the Board's purpose: functions: powers; responsibilities: jurisdiction: membership requirements and restrictions: terms and conditions of appointment to and removal from the Board: and the specific staff support necessary to prepare an annual report. either oral or written, to be presented to the Commission. (b) Prior to the advertised public hearing held for the adoption of said ordinance, the County Manager, or his designee, shall submit to the Commission a report setting forth the following information concerning the proposed new Board: (1) Whether the establishment of the Board will create sufficient better lent to the Community to justify the Commission's delegation of a portion of its authority. (2) Whether another Board, either public or private, already in existence, could serve, or is serving the same purpose. (3) The costs, both direct and indirect, of establishing and maintaining the new Board. (4) Whether creation of the new Board is necessary to enable the County to obtain State or Federal grants or other financing. (5) Whether the Board should have bonding authority. (6) Whether creation of a new, Board is the best method to achieve the benefit desired. FISCAL IMPACT: All costs associated with supporting this initiative will be charged to Fund 113, Building Review and Permitting Fees. Fire Review Task Force - 4/06/07 5 7.aenda Itarn tdo. 50D, A i124.2007 Page r, o"' 7 GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board review the options presented above and provide the County Manager, or his designee, and staff direction as to how to proceed PREPARED BY: Joseph K. Schmitt, Administrator Community Development and Environmental Services Division Fire Review Task Force - 4/06/07 6 ..qt I 11c in( lli' ✓dfis ] a COLLIER COUNTY BOARD OF COUNTY OOPdkISSIONERS -- Item Number: IDfr Item Summary : Tht, re, m ue near, d 390 b fr FFec nm ndation is tl� tlpafo of Cpa ry issioners rE,9 d Ip r .JrAbe, or t lire CrEdhon Ol a Fir, I, Are, Ir.. rome to v ISSOea and br 1 -. reiAted IO fi ol rel end mspe f u55o.ra. d b the bulml j p o. i5mew ano npo__.etd rAv ewthebud e a.cpermitting Jrac9durer rredev to fire evlem antl to r',v,,,, antl make a rroomoordono, t0 [ire Board rAgarding the aYrendmp of or raped' of Goober County Grdlnance 2002.48, as amen0ad by Ordinance 2005 -32. the --cher County Fife Prevention and Protacbon Code pertaining to adopted standards and codes of the Fionde Fire Frevention Code puNlshed by the National Fire Protr_tion Assoaalmn rNFPAI as amended by the Stffie of Flonoa. tJeseph C. Schmltt Admmishamr, Commuady Develophent and Envrtpnmental Seance= Dmisonl Meeting Date: 124/20F o 0200 AM Prepared By Community Development & JoeepnK -SchmM Date Environmental$orvmee Antroddator Community Development8 Community Devolapmen58 Emiromena$eel cos 4110(200]41- .26 Pd Envmntentel4 Add n - Approved By Marlene Starart ✓nocuous Secremn' Date _e m.r —clonmonts ..v muoifs Deooioonientx 5'92 oM Approved Ify r' Fnc, ... .._.c j i iT, D_::'. o rml'nfa _ Apprnced B. .-r ri, Il Dc..r. -i, ;, :: z v ... -, .. ..ar, F to .orc nstmo Ic I, E,w ..,.., ._ _ n.f Sr Approved By rn., ia�or 1�I uC n. DDAC Com t' Op Fri. V,n ..... I z F bi da, 1 "' ne> tot PM Approved By Mark loeckson Burnet /nnelyst Dare ., unhy Manaoers Ofllco OPicnor MOnepmnentS DuOget 4/t S! "_OOi 3'.56 PPI Approved By Mmhael Smyxmrski Aria _ en! & 6eooet Dr—mr Date vumy Manaoers Office Off v, of Management & Bombe' 4(1512061 2'.04 k,@, Approved By JamesV.i .,ounty fdanager Date board of County Coon if Manager' s Office 4I16G007 11 34AM Agenda Item No. 10E April 24.. 2007 Page 1 of 4 EXECUTIVE SUMMARY Presentation of a proposed Collier County Pre - Purchase Inspection Service to be offered to prospective real estate buyers to ensure that the purchased structures are built in accordance with all zoning approvals. The information presented is intended to allow the Board of County Commissioners (BCC) to consider and provide direction on whether or not to make available this Pre - Purchase Inspection Service to prospective real estate buyers in Collier County. OBJECTIVE: To have the BCC consider and provide direction on whether or not to make available a Pre - Purchase Inspection Service similar to the program currently in place in Miami -Dade County to be offered to prospective buyers of residential and commercial properties for a fee. CONSIDERATIONS: Staff from the Department of Zoning and Land Development Review has contacted the Miami - Dade Department of Planning and Zoning in order to obtain information on how their Pre - Purchase Inspection Service works and to present this information to the Board of County Commissioners so they may consider if such a prograin can work in Collier County. A Pre - Purchase Inspection Service has been offered by Miami -Dade for approximately two years and competes with private companies that also provide this type of service. Although the Miami -Dade service has been advertised in various ways including mail -outs, hand -outs, and ads placed on their public transportation, the demand for their service has been minimal, averaging one inspection per month. Miami -Dade County currently has a total of nine (9) Zoning Inspectors. Please note that these are not building inspectors and that the inspection process is not an integral part of the Building Department's code compliance and inspections process. The Miami -Dade staff primarily inspects residential sites and dwellings to ensure that they are built in accordance with zoning approvals and in addition, performs a property inspection and associated research to insure that any remodeling and additions to the property that required permitting and related inspections were properly permitted. If such a program were to be initiated within Collier County, it appears that such a service could be integrated into the Engineering Services Department considering that their inspection service appears to be similar to the functions and responsibilities of our engineering inspector staff who now currently perform final site inspections for site drainage, grading, utilities, excavations, wells, and landscaping. If such a service were provided, the Zoning Review Department staff would have to provide the related zoning research and interpretation/application of applicable codes and likewise with the Building Review and Permitting Department with regards to the Pre - Purchase Inspection Service - 4/11/07 ='ace 2 0' application of the Florida Building Code. Similar to the Miami -Dade program, a Collier County inspection program would determine: • The zoning of the property and if there are any variances or zoning resolutions applicable to the subject site • The number of units permitted on the property • If all structures on site meet the required setbacks • If walls, fences and hedges meet applicable requirements • If there are any non - conforming structures or uses on the property • If there are space for the proper storage of your boat or recreational equipment. • If an addition can be added to the primary structure • If there are any plat restrictions • Research to determine if there are any outstanding code violations for the property This service would be concentrated primarily on sales of existing fee simple multi - family units, single family homes and commercial properties. The Pre - Purchase Inspection Program would consist of 3 basic elements: property zoning history and research, site inspection, and final report. Research of property records, permits and associated data bases is estimated to take approximately one hour per property. Site inspection to include travel time is estimated to take a minimum of two hours. Preparation of the final report is anticipated to take another 60 minutes in the office preparing the final report and completing all the paperwork. Staff estimates that in order to cover expenses a fee of 5250.00 to 5300.00 per inspection would be assessed for the service. This service would include a meeting with the applicant to review the final report. Last year there were approximately 2600 single family, duplex and fee simple multi - family resale units in Collier County. Considering an inspection rate of 2 applications per day per inspector or approximately 10 per week or approximately 500 per year, if the program was mandatory the program would require at a minimum 6 inspectors. If the program is voluntary, staff anticipates that the majority of the requests for pre - purchase inspections would come from property owners or agents listing property in the Estates or the older platted subdivisions of the county. As such, staff believes that the program would involve no more than 8 to 10 units per month. FISCAL IMPACT: Considering the cost for 1 inspector including salary, overhead, vehicle and administrative support and expenses is 5100,000 to 8120,000; staff would have to perform a minimum of 2 inspections per day, 40 per month or 480 units per year to cover the costs for the service if the fee was set at 5250.00. If the program produces no more than 8 to 10 per month, the fee would have to be 81,000 per inspection. Considering the fact that since its inception, Miami -Dade County experienced only an average of 4 inspections per month under its voluntary program, if a similar program were implemented in Collier Comity and if like Miami -Dade we received an average of 4 inspections per month, the fee for such a service would have to be set at approximately 82.500 to cover the cost of the program. Pre - Purchase Inspection service - 4/11/07 2 Anencia Iferr �Vo. pril?4 20,,7 =ace 2 0r = GROWTH MANAGEMENT IMPACT: None LEGAL CONSIDERATIONS: A disclaimer will be noted on all reports noting, "Please be advised that the zoning inspection is not a compliance inspection or certificate for past or present state or local building codes or regulations. The report is based on the available records furnished by Collier County and what was visible and accessible at the time of inspection. This report is based on code regulations that are in effect on the date the report was prepared. Code regulations could be subject to change. While every attempt has been made to ensure the accuracy of this report, the Department of Zoning and Land Development Review, the Engineering Services Department, and the Building Review and Permitting Department makes no warranties or representations rcgarding the accuracy or completeness, and each subscriber to or user of this report understands that this department disclaims any liability for any damages in connection with its use. In addition, the respective departments assume no responsibility for the cost of convecting any unreported conditions." RECOMMENDATION: That the BCC consider the proposal and provide direction to the County Manager, or his " designee, on whether or not to make available a Pre - Purchase Inspection Service to be offered to prospective real estate buyers for a fee and in doing so whether the service should be voluntary or mandatory. Prior to bringing back any Pre - Purchase Inspection Program, considering the impact that such a program may have on the closing of stiles, staff is also recommending that the proposal be vetted through Naples Area Board of Realtors (NABOR) for review and comment. PREPARED BY: Raymond V. Bellows, Zoning Manager Department of Zoning & Land Development Review and Joseph K. Schmitt, Administrator Community Development and Enviromnental Services Division Pre - Purchase Inspection Service - 4,/11/07 3 4aercl2 Pill Ptc 0, -Pill 24. 7.110' Page 4 0' ; COLLIER COUNTY BOARD DF OOBNPY OOMNIISSIONERS Item Number: 19E Item Summary: -sett. f on of a pm :d Collrer Co t> P. ,- Pamhas er000 Ser c to 0,: ofterea to ospe :me real estate buyo¢ to ensuz trot the Pu¢n6SO stmapres are hum Ire acGCmance Woo an zoNnp aaprovals -ne Irnorrneilon P:o'em901s mteooao to avow Ire Bos,d of Count, Gammissioners (BCC, to wnsaer ano provide dire, hpn on wpether or not to make available Iris Pre "PUr' nose Inspechon Service to prospective V.I estar50vyers In CJlher Coenty +Joseph K Schmitt. Admio,Wotor, Oommunity Development end F o,,,.,,ontol SuMo,S) Meeting Date: 424200 %5 0090 AM Prepared By Fay boo" chief Plii Date Community Development & Zonmg& Land Development Revmw 41312007745) 46 AM Ewn.nmentel Services Approved By Ray Bellows Cbref plo"vt Woe Community Development & Znnmg & Lind DavAeoutent Review 41312007745 AM Env pn[nl Sarvrcbs Approved By Nmoaoc. Ster:zr _zcurto-c u_.r_ a . Date :pm_cru ) Dev roPm`n: & .- orcnnunip' Uevmoomen:8 App roved By .. "',"le 11 _. Lev,: calm. 1t f, Approved It, __..,. mat Approv cd By G..mn. unit. D vu._ment & _ cph K. &onnue. Dane _mrmn.noma: Servo-s Aummstredor ^or ut — nmun _vel eAmotrtfl .,ommun, Develorroord8 Envvonmental rvrvi.;ee -. _n:al Servmeh Admin, 41521200 4:40 PM Approved Bp OL58 Coordinate, Admnu,lirio ,AS —Int Oat' _ unq• Maneec%a Offioe Office o` Maneoement & Budget 41,3:200' 925 AN Approved By M11ark I1,vkloo 3uo0et A.'i"t Oat, . unty M.vnopefs 0 ^r'v Off— o(Mnnnnnmenl & Butl90 411312007 3'53 PM Approved By Michael Smykowskl Management& b odget Director Date ., unty Manager's Office Office pf Manag'ment & Budget 41171200' 9'._F AM Approved By James V. Mudd c0 assy Manager Date Board of County Contmisoiar ^_rs '� Y M anag,r e effrce 41171'20073: 04 PM 1.aenda Ilem No. 1 OF Apnf 24, 2007 Page 1 of 4 EXECUTIVE SUMMARY Solid waste collection options for white goods, tires, batteries and electronics in Collier County. OBJECTIVE: To present options to the Board of County Commissioners for the collection of white goods, tires, batteries and electronics for specifically defined areas within unincorporated Collier County. CONSIDERATIONS: At the District 3 Town Hall meeting on January 18, 2007, the Board of County Commissioners directed staff to provide a report to the Board on options for the collection of white goods, tires, electronics and batteries in specifically defined areas of unincorporated Collier County. Based on staffs' review, there are two options: 1. Continue the current level of service in accordance with the current collections agreement at its current cost; or, 2. Revert to the level of service provided for in the prior collections agreement for specifically defined service areas. The cost of this service level change should be borne by the recipients of the increased level of service. BACKGROUND: On February 8, 2005 (Agenda item 10A), the Board of County Commissioners approved new solid waste collection contracts to be effective October 1, 2005. The contracts provide for curbside solid waste collection services for the unincorporated area of Collier County and for the City of Marco Island and the City of Everglades City. These services include unlimited solid waste collection twice a week; unlimited recycling collection once a week; yard waste collection once a week limited to ten bundles weighing less than 50 pounds per bundle; unlimited brown goods collection once a week limited to furniture and other household items that will not fit in the solid waste cart; and, once a week collection of white goods, unlimited electronics, automobile and light truck tires limited to four a month, and automobile batteries limited to two a month. Customers must call Public Utilities Customer Service (403 -2380) to schedule the pick -up of white goods, electronics, tires and batteries. The Public Utilities Division provides educational outreach and enforcement of county ordinances related to these services. As previously stated, the new collection contracts provides that customers must call -in 48 -hours in advance of their recycling /yard waste collection day to schedule the collection of items such as white goods, electronics, tires and batteries, referred to as "bulky items ".. Bulky items are recyclable and, therefore, cannot be picked up by the collection vehicles used for solid waste, household recycling material, yard waste or brown goods. Box trucks and /or flat bed claw trucks are used to collect bulky items and take them to pre- designated recycling locations. aenda I,,-- rn No. 1 �� kU:il _ 20G- Fa De 2 of Under the prior collection services contract, the contractor's box trucks and /or flat bed claw trucks were required to traverse every street in the service area and collect any item that was curbside. Most curbside customers only need this kind of collection service for bulky items two or three times a year. Use of the call -in and scheduling process has eliminated the need for several trucks, several drivers, required gasoline, insurance, etc. This best value service concept is used successfully throughout the country and its use in Collier County has provided a rate benefit to all curbside customers. The call -in to schedule a pick -up of bulky items program has been very successful in the majority of the curbside collection service area, with the exception of six areas that have high rental populations, and a small area of the Estates. The education, outreach and enforcement process utilized by the Public Utilities Division has significantly increased the success of the program in all but one area; Golden Gate City, which contains a significant number of rental properties. The call -in to schedule a pick -up program will not eliminate renters in high turnover areas from setting solid waste, brown goods, yard waste, recycling and bulky items curbside on days other than the scheduled pick -up day. That problem existed under the previous collection program provided for by the previous collection services contract, and continues to be an issue with the new collection contract. Owner - residents are using the call -in process to schedule a pick -up. A significant number of renter - residents are not using the call -in process. Other issues of concern include: 1. Residents placing items curbside for pick -up that are not eligible for collection. Examples are partially filled paint cans, riding lawn mowers, hazardous waste, propane tanks, construction demolition material, car, truck and boat parts, etc. 2. Residents placing items curbside that are not properly prepared for collection. Examples are loose piles of yard waste, oversized rolls of carpet, etc. 3. Residents mixing yard waste, recycling and solid waste in the same containers causing contamination. Reverting to the prior service level of requiring the contractor's box trucks and /or flat bed claw trucks to traverse every street in the service area and collect all items that are curbside will not correct or change these issues. These issues existed before the new collection contracts were implemented and continue to be an issue under the new collection contract. The on -going problem of solid waste collection materials placed curbside on any day of the week and the problems of ineligible, improperly prepared and /or contaminated materials placed curbside for collection can only be cured by a P.aenca !iem Igo. 10= PGae o` strict enforcement of the collection rules on the owner of the real property via the County's due process up to and including fines. A concentrated education, outreach and enforcement program in conjunction with the Golden Gate City Task Force and several County Departments has made some inroads with collection issues in the Golden Gate City area, but the problem persists, especially with rental properties. Funds currently used for the education, outreach and enforcement program should not be used to offset the cost of reverting to the previous level of service for this specific service area (option 2 under Considerations). These funds are needed to continue addressing the issues associated with set -outs any day of the week, set -out of items not properly prepared, and set -out items not eligible for collection. FISCAL IMPACT: The fiscal impact is dependent upon the direction provided by the Board of County Commissioners. If the current level of service continues, there is no fiscal impact. If the level of service is changed, curbside customers will be impacted on their annual Solid Waste Collection and Disposal rate assessment on the non ad valorem portion of their real property tax bill. GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan related to this action. RECOMMENDATION: Option 1. Continue the current level of service in accordance with the current collections agreement at its current cost. Also, continue a concentrated education, outreach and enforcement program. PREPARED BY: Teresa Riesen, Revenue Manager, Utility Billing and Customer Service Department 4t1en02 ILm JF aoe COLLIER COUNTY BOARD OF UJUNTI' COMMISSIGNDRE Item Number: I A Item Summary: repo d woe e -niieCA JI: optir. ,, f., IhA, gom re trpnns d ei �.f orocs In areas of the I I _m Del A, _ 'JT wi6;rau I c VOlniesf Meeting Date: 4 /242DC: 9.00 00 AM Prepared By Teresa Rlesen Revenue Manayer Date Public Utilities UBCS 411 01200) 6:0 7:50 PM Approved By John A. Yonkosky Utility Bluing Director Date Public Dilutes UBCS 4,10120015;44 PM .Approved By Damol R. Robriguer MBA. Scf.d Waste Dneaor Date Public Utdo.oc So110 Waate 4/1012001 5:55 PM Approved By Tareaa R�e.,en RE- -v_nnn noananor Date Pubic UnIII.— UEC° 4'11200' E'5: AM Approved By bie 4 x 1o.21cin .4 pprovcrl Itv o_ .. 11 .aril —11 Approved Bp LII,r 1, 1-1. ....t. Appravcd By u &r—n,., . Ma rrrbi,btl Analuct . n», rb ana cars DID- Olf:cc of Mnr .nP.Bmo!t 411712)Oe1 lAlm Approved Ity Michael SmYkmvswi Management 1. BUhpet D,rc,cr Date County ManaoeYS Office Off c, of Managommit6 BUaaet 4117120014'.11 PM Apprav d By Jamce V. Mutltl Count'- Manager Date Boe•G of County Counp, Manage %s Office 411712007 4,24 PM ..ommisvoners Agenda !tem iVo. 10G April 24. 2007 Page 1 of 4 EXECUTIVE SUMMARY Immokalee Master Plan and Visioning Committee and Local Redevelopment Advisory Board request to the Collier County Board of County Commissioners to cease enforcing certain zoning provisions in Immokalee for eighteen months or until the approval of the new master plan and land development codes, whichever comes first. (A companion item to 14B to be heard after 14B is discussed by the CRA) OBJECTIVE: The purpose of this report is to request the Board of County Commissioners, dependent upon a favorable recommendation of the Collier County Community Redevelopment Agency (CRA), to provide an eighteen month relaxation of enforcement of the Collier County Land Development Code, outside of health and safety issues, in the Immokalee Urban Area, or until the approval of the new master plan and supporting land development code, or zoning overlay district. whichever comes first. CONSIDERATIONS: The attached March 21, 2007, letter was submitted to the Board of County Commissioners by Fred N. Thomas. Jr. Chairman of the Immokalee Master Plan and Visioning Committee and Local Redevelopment Advisory Board, based upon action taken by these advisory boards during their March 21 re;ular meeting. Since late 2005 the Immokalee Master Plan and Visioning Committee and Community Redevelopment Agency Advisory Board has been involved with the Immokalee Community and the planning consultant to update the Immokalee Area Master Plan and the Immokalee Overlay District of the Land Development Code. Progress has been made in this direction. However, according to members of the Immokalee Master Plan and Visioning Committee and the Local Redevelopment Advisory Board, recent attempts by local firms to construct new buildings in Immokalee have been thwarted by the Land Development Code and its inappropriateness for use in Immokalee. FISCAL IMPACT: No fiscal impact has been identified. GROWTH MANAGEMENT IMPACT: Land Development Codes in Florida, adopted by local governmental agencies, must be consistent with the goals, objectives, and policies of the Growth Management Plan. Until the Growth Management Plan for the Immokalee Urban Area is amended, following the statutory protocol set forth in Chapter 163, Florida Statutes, the Land Development Code cannot be amended. It should be noted that proposed amendments will most likely be forthcoming for the Immokalee Area Master Plan, Future Land Use Element. Conservation and Coastal Management Element, and other affected elements. Subsequent to amendment of the Growth Management Plan, the Board of County Commissioners will consider amendments to the Land Development Code. With respect to the request for suspension of the enforcement of the Land Development Code, said request is contrary to the amendment parameters set forth in the Florida Statutes, Florida Administrative Code, Growth Management Plan and Land Development Code. 1 k.aeres I "gym N;. i5G it 24 P ap 4 LEGAL CONSIDERATIONS: Until such time that the Growth Management Plan is amended in conformance with Florida Statutes and the Florida Administrative Code, there is not a legal basis for the Board of County Commissioners to relax the enforcement of the Land Development Code in the Immokalee Urban Area or elsewhere in Collier County. RECOMMENDATION: Staff recommends, after Community Redevelopment Agency action on this request, that the request to ease enforcement of certain zoning and code provisions be denied. Prepared By: Thomas Greenwood, AICP, Principal Planner, Comprehensive Planning I COLLIER COUNTY BUARG O� LODNn' COMMISSIONERS - Item Number: Item summary: T in Ac a r to be heard on or about T 1 o e in Immovvion Maser Plan and Visioning . ninngee and Local ReOevelooment Advisory Board rearrest to toe Golller County Board of .,vunty Lommiss,oner=_ to cease enforcing certain zoning provisions In Immokalee fm eighteen months ar until the approval of the new master plan and land development codes, wnernaver comes first r companion dom to 14B to be heare after 14B is discussed by the CRA)(Joseph K Schmitt Administrator Community Development and Environmental Services Division) Meeting Date: 4(24200] 9 00 W AM prepared By Tremas Gr— avernif Principal Planner Date cotnmumtr Development S Cpmprehenslve Pmnning 41121200]9'14 -1]PM _ ents, Services Approved By ..ommuinty Planning and Stovall J. Cohen Bedeveloens"t Manager Date .,orc,mumty Developmen:8 Comprmnenslve Planning 4112f2007 3.22 PM Enaaonmental 5ervtces Approved By M, Env,.Alo. Invmnry Planer Date _.. ..amm,u,r. Ce lops. L Lkc -eiev 4 uC - _ °o Approved Br .. ..... .. ... _ .. _.... .. .,. S n, .....,.. Approved By r: v)v ,._. o nn .r „once. c ,. . .._. -itn . _ 4 c ,. r... E .. . _ .._r Approved By fJohnner✓, snreer'Stmonp Asvcstan: comer Ahorney Date "both, Atiomay County Atlornarz QG,,,v 41131 "007 t, 06 AM Approved By Community Ctovelomnent is Joseph K Schoen _nvvanmental Servlcas Adnunstratar Dote -^ nuv De C_mmu .ve la pmept8 Communlp- Develomnent8 En"'rem"Ina! micas Envirenmemal 5_rvlcas Adrna, 4f13rE00]1t.46 Alf Approved By OMB- ,Pofinatw Administrative ASSsmni Date tiny Manpger s office Office or MOnapemeni &Budget 4,^3;800]142 PN Approved By ri lsaee a. 5rrdget finoly5l Date 's Oft, Oft iv; _r'.&Budoot 4 ..- �'.,m. Approved By Jan— V -Mudd County Manage„ Daee vard pt -nm9ty ...Cunt] f.v,' i Pe' a Oflo, 4;]3'21)0, T_De PM _, ,n of March 21, 2007 Commissioner Coletta Chairman Board of County Commissioners Collier County Naples, Florida Dear Commissioner Coletta: On behalf of the community of Immolcalee and as Chairman of the Master PIan and Visioning Committee, I mouest that the County, outside of health and safety issues. cease enforcing code and zoning irregularities in immohalce for twelve months or until the approval of the new master plan and supporting land development codes, whichever comes fi, st. In light of the history of our community this makes sense and allows local people to properly maintain their property during this transitional period. The present codes and land use were first initiated in the early 70's. If the owner did not exceed a 51`70 of value improvement to the facilities on the property, they maintained their grandfather exemption. This is a major disincentive to upgrading facilities, especially if the upgrade will cost density loss or loss of a specific use. Since the new master plan and the accompanying land development codes will reflect more of a central Florida character, which will allow us to more equally compete with our neighbors for new business and industry, many of the existing regulations will not apply and some of the existing grandfathering will be unnecessary. We, however, want the staff to continue their outstanding work on violations that are health and safety related. With so many things happening around us over which we have no control, this relief will help our progressive businesses keep pace with our surrounding growth. We thank you in advance for your support. �inc�rel:r; Chairman Aoenoa Item No. 10H A rk 24. 2007 Page 1 of 27 EXECUTIVE SUMMARY Recommendation to terminate the Intergovernmental Agreement between the Board of County Commissioners and the Florida Department of Environmental Protection, South District Office for enhanced environmental resources permitting OBJECTIVE: That the Board of County Commissioners (Board) terminate the Intergovernmental Agreement between Collier County and the State of Florida Department of Environmental Protection, South District Office (Department) for enhanced environmental resources permitting. CONSIDERATIONS: On March 23, 2004, the Board approved a negotiated amendment to an Intergovenuriental Agreement with the State of Florida Department of Environmental Protection (FDEP), South District Office, for the purpose of providing environmental resource permitting services to the citizens of unincorporated Collier County. Under the terms of the agreement. the Department provided the Commnrunity Development and Environmental Services Division two "on- site" Environmental Specialists to review and issue Environmental Resource Permits (ERP's) as well as becoming part of the permit review process for Submerged Lands and Environmental Resource Permitting (SLERP) applications for lands that potentially contain jurisdictional wetlands. At the time of the negotiated amendment, these services were necessary to assist property owners within the Estates and similar platted lands within Collier County in applying for ERPs related to single - family homes in the building permit process. Due to a large increase in building permit applications, over the last several years, the Building Department, under its permitting fees (Fund 113) funded this program and provides office space for the 2 on -site inspectors. The service was offered as a part of the permitting process and the cost were absorbed in the overall department's budget. As a result of a decrease in residential building permit applications, the funding to support this agreement is no longer available. Property owners can still apply for the required permits or a formal binding determination through the Submerged Lands and Environmental Resources Section Department of Environmental Protection, South District Office in Fort Myers, or they can hire local environmental consulting services to conduct on -site wetland delineations to apply through the state for the necessary permits. If a property owner requests a permit from the Department office in Fort Myers, they must provide a $500 application fee, engineer sealed drawings, and an environmental assessment of the parcel. The permit process takes at least 90 days and as much as 180 days. The average cost of obtaining such a permit is approximately $3,000, not including the septic analysis (which is DEP Interiocal Agreement Termination - 4/03/07 kaeon an; No. 10 approximately $1,500), the application fee and mitigation fees (approximately $9,000 for a 0.30 acre fill pad). If a property owner requests a binding determination, they must submit a $250 application fee, an environmental assessment by an experienced wetland scientist, and a certified survey of the approved wetland line. These requests are limited to single- family parcels less than 5 acres. The average cost of obtaining this type of binding determination is approximately $2,000. Larger parcels or those other than single - family residential parcels must be reviewed by the Wetland Delineation section in the DEP Tallahassee office and are subject to higher application fees and requirements. If the Board wishes to continue funding this service, the only other option is for staff to amend the fee schedule and charge a fee for the service. Staff estimates that a fee of approximately $200 to $300 would be appropriate to cover the cost of this service. As noted above, similar services from a consultant would cost at least $500 per permit application plus the costs for the required engineering and environmental analysis. Property owners, prospective buyers, builders, and realto s, as well as County offices are requesting that Department personnel approve the wetland determination. Many property owners cannot afford a consultant to prepare a wetland determination and rely on the Department for this service. FISCAL IMPACT: Cancellation of this a(,reemeru will provide an annual cost savings of $90,000 to fund center 113. Considering the current and projected workload of the DEP staff of no more than 500 units per year, a fee of $300 per applicant will raise approximately $150,000. The funds raised will cover the cost of the annual grant as well as the related administrative costs associated with the collecting of fees as well as the furniture and related costs of the providing office space for the team. GROWTH MANAGEMENT IMPACT: The Conservation and Coastal Management Element (COME) Policies 6.2.4 and 6.2.7 address wetland pennitting of single- family homes within North Golden Gate Estates. The use of FDEP staff to conduct wetland jurisdictional permitting assists in the implementation of these policies. If FDEP staff are not available here in the County to provide a local presence to the single - family applicants, the County will continue to inform the applicants of their possible need to obtain the appropriate FDEP approvals in order to comply with these Policies. If the Board discontinues funding for this service, County staff will lose the benefits of increased compliance as well as the expeditious processing of applications within Collier County. The two on -site inspectors act as eyes and ears in the field for the County and allow increased coordination with Collier County Building Review & Permitting Department staff regarding current County concerns. This coordination is assisting the Department toward development of a Noticed General Permit to allow streamlined authorizations for single- family residential construction within Golden Gate Estates. Pre - Purchase Inspection Service - 4/03/07 2 Agertuo item fro. 10h RECOMMENDATION: That the Board terminate the Intergovernmental Agreement between Collier County and the State of Florida Department of Environmental Protection, South District Office. If the Board chooses to not terminate this agreement, then recommend that the Board direct staff to develop an appropriate fee to cover the cost of the program to include the related administrative costs now being absorbed by Community Development and Environmental Services Division. PREPARED BY: Joseph K. Schmitt, Administrator Community Development and Environmental Services Division Pre - Purchase Inspection Service - 4/03/07 3 J =nd< Item 4 10L. P, P COLLIER COUNTY DOA RD OF COUNTY OOMINISSI ONE HS Item Number: -' +rl gate Inc Inlerj vernmenial ag e ne J 41111114 toe Board of Item summary: Lam n adJu to I1 w.lnly CemmSSOnays ene lne F dnda Deoar191err oI Envnonme'lta; nm1. t I SI th Jlsmct OFlica lo' eiliancad envuonmen[al lesou¢us perrnllting ploseoll K. Scnmlll. -malt, siramr, Oommomm Development and Fnmmnmenlal Services P.vls, nm Meeting Date: 4241200-, 990.00 AM Prepared By Community Developmenl8 Joseph K. Schmitt Envlroomentel 511,1111 AdommA ator Date C.mmump, Devempment 8 _cmmun!ty Developmant8 4/6121101 t 1:9 °:20 AM Environmental Services Environmental Services Atlmin. Approved By Jutly Puio Operation- Analyst Dete Community Development R Cmemunrzy Development 4I512007 2'.19 PM Environrtienxal Services Envbonmenta! Services Aumin. Approved By Madene Stevan evnwevc SrImary Dale ..rnnmu tv Develommem L - ..on,mu svc oomsnt 8 - t..e•ZIXq 5 45 "P „ E _ aal 5prveesf Apprved Bt, Approved It. r' Approved lip ,_ _ r •pe�ne� r s a ro-r.: am Approved By ,Jme,0.MUdd r._unt}'fAauaper Date Board o1 Coumy County Manager's Ooff". 912003:95 FM 41[ "/ O1mmusmoulrs N� o Lo zN �aM —Q� m 21 r N w t.n W ua F`F z _FAQ 3aa W L SOW C ` C ` a zba 4 W U_ a� pp"m nCp WZU g�zG�7 o Cp> C .z, U Cq�PW, y G A V y y � � 2 E c ? 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I § ! !f !-, , \\) / i 2 §77 § \(6 ) fte ' « 0, _ ) \72\ \\ - \ ( ;LuIE`; Z ` k }\ f UCO \ a kcvr= { §} _\ ;0 \ § / ;\§ o §a X22 ! �E (} -6 V) -| °(2E �\ \\ _ \ / } }}\ � � � q § . \ ( Z �CL _\ \ \� {} {_ ( / Do - (( / [§ . a\ _ )w` ! \ $ � � � Prepared by: Patrick G. White, ACA Otfice of Collier County Attomey 3301 Tamiami Trail East Napies, FL 34112 4 -,ema liem No. 1CH 3361031 OR; '�8,` 1388 RBCORDID is OFFICIAL RRCORDS of COLLIER COUNTY, FL 03/25/2004 at 11:55AR DEIOET 1, BIOCI, CLIRI RIC PEI p COPIES Ip.Op Rettt: CLERI TO TRI BOARD IRTIROFFICE 41E FLOOR BIT 7240 THIRD AND AMENDED INTERGOVERNMENTAL AGREEMENT FOR ENHANCED ENVIRONMENTAL RESOURCES PERMITTING BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, SOUTH DISTRICT OFFICE This Intergovemmental Agreement (Agreement) is entered into by and between Collier County, Florida, a political subdivision of the State of Florida, through the Collier County Board of County Commissioners (County) and the State of Florida Department of Environmental Protection, South District Office, (Department) for the purpose of providing an increased level of environmental resource permitting service to the citizens of unincorporated Collier County. This agreement amends and supersedes the agreement titled "Amended Intergovernmental Agreement for Enhanced Environmental Resources Permitting Between Collier County and the State of Florida Department of Environmental Protection, South District Office," executed on June 26, 2001. RECITALS WHEREAS, under the Environmental Resource Permit (ERP) program authorized under Part IV of Chapter 373 of the Florida Statutes, the Department requires permits for the construction, alteration, removal or abandonment of any stormwater management system, dam, impoundment, reservoir, appurtenant work, or works in uplands and wetlands or other surface waters; and WHEREAS, the Department, as staff to the Board of Trustees of the Internal Improvement Trust Fund, processes applications for authorizations to use sovereign submerged lands; and WHEREAS, the Department implements mangrove trimming permit requirements under Sections 403.9321 -.9333 of the Florida Statutes; and WHEREAS, due to the rapid growth in southwest Florida and the limitation of staff resources, the Department is experiencing difficulty in meeting the demand for 1 of 4 AOeoda Item No. 10H OR: 35Z,,0j,r a° 389 services related to the ERP, sovereign submerged lands, and mangrove trimming programs in Collier County; and WHEREAS, representatives of the County and the Department have met to discuss this issue; and WHEREAS, this discussion resulted in a proposal to enter into an arrangement whereby the County will fund through a grant two Department ERP staff persons dedicated to processing applications and performing other tasks associated with administering the ERP, sovereign submerged lands, and mangrove trimming programs within unincorporated Collier County; and WHEREAS, the County strives to provide the best service possible to its customers by establishing a one -stop shop delivery system for development services; and WHEREAS, the services to be performed under this Agreement will provide a real and substantial benefit for the citizens of the County, and further a valid County purpose; and WHEREAS, Collier County may enter into Intergovernmental Agreements pursuant to § 125.01 (1)(p), Florida Statutes (2003). NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual promises and covenants stated herein, the County and the Department formally agree - as follows: 1. The County will provide funding through a grant to the Department for the purpose of employing two Other Personnel Services (OPS) employees for the exclusive purpose of processing or assisting in the processing of ERP and mangrove trimming permit and sovereign submerged lands approval applications for activities within Collier County. The individuals filling this position will be located in the County Community Development and Environmental Services Division offices on North Horseshoe Drive, Naples, and will act solely as employees of the Department, which will be responsible for the employee's training, supervision, compensation and benefits, and all other personnel matters. 2. The County agrees to provide the Department, through a grant, the amount of $90,000 per state fiscal year to fund both OPS positions. The County paid the Department the amount of $45,000 on November 25, 2003 for the funding of the single employee covered under the previous agreement. Therefore, for the first year of this agreement the County shall pay an additional $45,000 within 30 days of the effective date of this amendment to fund the additional employee. All subsequent annual payments shall be for the full amount of $90,000. The payment of the funds will be made in an annual increment upon receipt of an invoice from the Department. 3. The Department agrees to diligently pursue the filling of the positions with qualified individuals. If the either of the individuals employed to fill these positions terminate employment for any reason, the Department agrees to immediately initiate the hiring process to retain another qualified individual to fill the position. 2of4 rag S of 4. The Department agrees that all persons filling the position will be qualified to, and will perform capably, the duties shown in the attached position descriptions (Attachment A) exclusively for issues and development projects in unincorporated Collier County, provided, however, that any applications by or on behalf of Collier County shall be processed by other employees of the Department in the Fort Myers Office. 5. This Agreement becomes effective on the date of final execution and remains in effect until such time as one or both of the parties hereto wish to terminate it pursuant to the provisions of paragraph 6. Any funds not fully expended during one year of the Agreement shall be applied to the next fiscal year of the Agreement. If the Agreement is terminated any unexpended funds remaining after the final payment to the employees must be returned to the County. 6. In the event of one party's failure to fulfill any of its obligations under this Agreement, then the other party may immediately terminate this Agreement at any time. Either party may also terminate this Agreement after providing written notice of its intent to terminate at least sixty (60) calendar days in advance of the date of termination. In addition, the terminating party must also provide the non - terminating party an opportunity to consult with the terminating parry regarding the reason(s) for termination. In the event the Agreement is terminated, any unexpended funds remaining after the final payment to the employees must be returned to the County. 7. Notice will be deemed sufficient when delivered by certified mail to the appropriate party at the address set forth below: For the County: Joseph K. Schmitt Collier County Community Development and Environmental Services Division 2800 North Horseshoe Drive Naples, Florida 34104 For the Department: Gordon Romeis Department of Environmental Protection Post Office Box 2549 Fort Myers, Florida 33902 -2549 8. The Department's continuing participation in this Agreement (except for the termination described above) is subject only to the Florida Legislature's annual approval of the Department's spending authority for the services contemplated under this Agreement. 9. The County's manager for this Agreement is Joseph K. Schmitt, phone (239) 403 -2385. The Department's manager for this Agreement is Gordon Romeis, phone (239) 332 -6975, extension 145. All matters pertaining to the administration of this Agreement are to be directed to the respective parry's manager for appropriate action or disposition. 3of4 ha�^ Item No. 1rlH OR: nIKi:2tf1391 rage '.4 of-, 10. This agreement amends and supersedes the agreement titled "Amended Intergovernmental Agreement for Enhanced Environmental Resources Permitting Between Collier County and the State of Florida Department of Environmental Protection, South District Office,' executed on June 26, 2001, recorded in Official Record (OR) Book No. 2857 Page No. 1836, which superseded the original Intergovernmental Agreement, signed September 12, 2000. 11. This Agreement will be recorded by the County in the Official Records of Collier County, Florida. IN WITNESS THEREOF, the parties hereto have executed the Agreement by their duly authorized officials effective on the latter date set forth below. "'. Attest r� t�Urts Board of County Commissioners Collier Cc Florida By: . ' „ ety ClerK =ice Date: ..first .C#t;dttian S stgii`kt{E"tkt,', APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Patrick G. White, Ass't. City. Att'y. nem # 16 A9 FLORIDA DEPARTMENT OF Agenda CN ENVIRONMENTAL PROTECTION Date Date 3 zqi [.GN By: — Recd cier ng District Director South District 4of4 em No 10H. THIRD AND AMENDED SAL AGREEMENT 4 Z IR FOR ENHANCED ENVIRONMENTAL RESOURCES PERMCITING BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, SOUTH DISTRICT OFFICE ATTACHMENT A sa y M • +1J� � � STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES COPES CODE Present CAREER SERVICE SYSTEM POSITION DESCRIPTION Proposed 37151035000 Updon Environmental Snecialist III 49N 1 Fmiromnental Specialist M (OPS) Submerged Lands & Envi me cr u l Resource Pumitting In carrying out the duties of this position, the incumbent is "peered at W times to be aware of and abide by the Department's Standards of Conduct, as well u may and 211 departmental and/or work unit rules, directives, pulicim procedures, and/or general orders applicable to performing the duties of this position. If incumbent of this position has completed, or most complete Public Service Training, incumbent is expected to be aware of and abide by the Public Service Standards developed by the Department. H pmitiou is supervisory, incumbent is also expected to actively support and work toward faMling the Agency's Affermativ4 Action objectives and comply with the provisions of Chapter 6aK4, F.A.C. If manageriaL/sopervise ry, this position is responsible for maintaining effective internal communications with superiors and subordinates is keeping with the agency's standards and expectations for communication effectiveness. This is an advanced professional position responsible for facilitating the means and objectives of the Outreach and Watershed Management Strategies of the Department. This is accomplished primarily by processing and evaluating of wetlands determination requests from the general public in Collier County consistent with Submerged Lands and Environmental Resource Permitting ( SLERP) statutes, rules and procedures. This position is co- located with Collier County Government, and is intended to provide quick professional service in conjunction with the County's permitting division. This position requires medical monitoring and continued employment in this position requires the incumbent to pass a regularly scheduled medical monitoring physical in regard to his/her ability to perform the duties and functions of the job. "45% 1 Process wetlands determination requests from the general public in Collier County in accordance with in house procedures specified in a South District procedures memo dated October 8, 2003. In coordination with SLERP clerical staff, maintains Submerged Lands and Environmental Resource Permitting ( SLERP) Excel tracking system and enters initial information from the Request for Wetlands Determination Form. Ensures that adequate information is obtained from the requestor to perform the determination prior to the site inspection. Perform site inspections to delineate wetlands using FAC rule 62- 340, the Florida Wetlands Delineation Manual (SEP and Water Management Districts) Florida Wetland Plants, and Identification Manual (DEP), Soil Surveys for respective counties (UA Department of Agriculture, Soil Conservation Service) and other resources. Details how wetlands were delineated using the Wetlands Determination Form, Provides dimensioned legible drawings of the wetland determination sites and proposed impact areas(s). Details if possible, how the wetland impacts(s) can be avoided or minimized. Provide notification to requesmrs of results of wetlands determination (uplands versus wetlands). Results of determination are provided to Collier County Government start as appropriate; results are also prepared on a bimonthly basis for entry into the South District's website. Reports are provided to supervisor on a weekly basis and include the number of wetlands determination requests received; number of new requests; number of ns ipections completed; entries completed in PA; and entries completed in the Excel tracker. 25% 20"/0 5% OR: Responds to complaints and reports of violations within Collier County. Documents and reports findings to supervisor of any wetlands violation(s) discovered during the performance of duties. If such violations are observed during site inspections, they impacts are documented by providing the following information utilizing the site evaluation form in accordance with Department Enforcement Procedures, SLERP Operations and Procedures Manual, and in -house procedures and guidelines. Violations are reported to SLERP Compliance and Enforcement Manager along with complete documentation within two (2) days of discovery . Follows up on compliance and enforcement activities within Collier County in accordance with Department Enforcement Procedures, SLERP Operations and Procedures Manual, and in -house procedures and guidelines. Assess the value of biological systems, identifies impacts which result from construction projects, determines the appropriate regulatory and proprietary authorization necessary and evaluates the activity in accordance with criteria listed in Chapters 253, 258, 373, and 403 Florida Statutes. These evaluations are conducted in accordance with the Submerged Lands and Environmental Resource Program ( SLERP) operation and procedures manual, Department rules and regulations, and in house guidance and procedures. Prepares field reports and meets with respondents to discuss the violations, extent of wetlands on site, the need for permits, the enforcement resolution procedures, and opportunities to bring the project into compliance. Participates in meetings, provides information to applicants, agems, the general public, and representatives of other governmental agencies to inform them of statutes, rules, policies and procedures applicable to SLERP, including enforcement. Schedules and performs pre- application inspections, meets with applicant to discuss a site's potential for permitting, and submits written details of meeting highlights on projects as requested by supervisor. Provides customer service to public " walk -in" traffic and miscellaneous telephone requests. Assists Collier County inspectors with multi media inspections as requested. 5% 1 Other duties as assigned. Item Nr- s(1H OR: �J3528pp � 2 rah u o u 7. Knowledge, Skill(s), and Ability(iet): List airy entry Ievei knowledge, skill(:), or ability(im) tchaing to this position including Utilization of apipmptt. KSAs identified in This section arc aeaidemd Essenda( Fhturion(s). (I) Knowledge of the terminology, principles and analytical technique of physical nation! sciences. (2) Knowledge of potmdai coviro rnenM bnpacts which result Lon coontructioa (3) Ability to dete nine work priorities, and insure peope completlon or work assigmrrerds. (4) Ability to solve problem and make decisions. (5) Ability to oommwicate effectively verbally and in writing. (6) Ability . to collect, evaluate, analyse, and interpret scientific or technical dam. (7) Ability to understand and apply applicable rule, regulations policies and procedure relating to atvhanopual programs. (9) Ability to deal with the public in a Ncft and courteous ruenner. (9) Ability to work independently. (10) Ability in establish and maintain effective working relationships with others. (11) Knowledge of the Subrmged Lands and Environmental Resource a ( erns cold procedures menial. (12) Knowledge Of Florida Statues, and Admmistrmive Code Rules teWittg to Regulatory and Proprietary Penn'u Application prose (13) APP pin Knowledge of and ability m perform field biokogy/sie inspection techniques in accordance With the SLERP operation and procedure roanuat as well as Dcpatvncrot Dcli tr mks and regulations. (14) Ability to be able in wade, swim, sootkel and traverse difficult wetland terrain. 8. Signature of b»nediate Supervisor: Date: 9. 1 certify that the starcmrnts of this position descriptioa, to the ben of my knowledge, accurately describe the, duties (IJtlse performed. taiployee does not agree, indiate here: DO NOTAGREE_J Slgnenue of Incumbent D9e: 10. SiguabueofReviewing Authority: Date Departnem Head, Division Director, a Oder Administrative Odcer) 11. Signature ofAgenry, Officer: I)uc: County Name County Code Shift Code 12. Supervisor's Position Number: 01681 Class Code: 4823 Collier 1 I 0 Budget Entity: 3715 Class Title Environmental Moose 13. List Class Code(s). Class Title(s), and Position Numberls) of subordinate position(s): None 14. Work Hours: (A) Daily from 8:00 am. to 5,00 cam (B) Total hours in work wart: 4Q Explain variations in work wale Flextime XXX Rouning Shifts Extended period 'c Week Other 15. Special Requirement(s): Drivers' License XXX CDL Drivers' License _ SCUBA Ceriifration _ Medial Monitoring .XXX C On -call Residency _ Other (explain) NOTE: Completion of this section for all DEP position descriptions is maodatorv. All "V F answers require that the incumbent be furnished with A coov of the auolicsble ratels). 16. Yes _ No incumbent has Rreulamry responsibilities and is subject n the provisions of Chapter 6OK -15, Florida Administrative Code. 17. _ Yes 2M No memnbent has Vendor Invo'ce/Wanam eMgMine ternogsibili ry in accordance with Section 215.422, Florida Statute: a Tunely and aceorate processing of vmdm invoice and wunrtcs for payment of good received or services tendered to avoid automatic uncret penalty payments. b. Adhering to the provisions and mqubcmeat of Section 215.422, F. S., and related Depvmtent of Fmitoruoental Protection invoice Processing and warrant distribution procedure. AGENCY PERSONNEL USE ONLY �+Pmmeaae THIRD AND AMENDED INTERGOVERNMENTAL AGREEMENT FOR ENHANCED ENVIRONMENTAL RESOURCES PERMITTING BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, SOUTH DISTRICT OFFICE ATTACHMENT B STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES CAREER SERVICE SYSTEM POSITION DESCRIPTION Ag -nda Item No 10H OR: 3528PPt 21395 r,a POSITION NUMBER COPES CODE Present Proposed 37151035000 � w w hrnmen w w.0 I. DEPARTMENT OF ENVIRONMENTAL PROTECTION 5. Class Code class Title 2. Division pres. South District 4809 Emnoraomtal Specialist III (OPS) 3. Butuu EPP 4. SecdowSubscction prop. Subroerged Lands & Environmental Resource Permitting 6. Duties and Responsibilities: (• IdentiLea essential functians) In carrying out the duties of this position, the incumbent is expected at all times to be swan of and abide by the Departmeat's Standards of Conduct, as well as my and all departmental and/or work unit rules, directives, policies, Procedures, and/or general orders applicable to performing the duties of His position, If incumbent of this position bas completed, or must complete Public Service Training, incumbent is expected to be swam of and abide by the Public Service Standards developed by the Department. V position is supervisory, incumbent is also expected to actively support and warn toward falDWug the Agency's AIDrmative Action objectives and comply with the provisions of Chmpter 69K41, F.A.C. If m agerioUsepervisory, His position is responsibic for maintaining effective internal communications with saperion and subordinates in beeping with the agency's standards and expectations for communication effectiveness. This is an advanced professional position responsible for facilitating the means and objectives of the Outreach and Watershed Management Strategies of the Department. This is accomplished primarily by processing and evaluating of wetlands determination requests from the general public in Collier County consistent with Submerged Lands and Environmental Resource Permitting ( SLERP) statutes, Hiles and procedures. This position is co-located with Collier County Government, and is intended to provide quick professional service in conjunction with the County's permitting division. This position requires medical monitoring and continued employment in this position requires the incumbent to pass a regularly scheduled medical monitoring physical in regard to his/her ability to perform the duties and functions of the job. Processes wetlands determination requests from the general public in Collier County. Maintains SLERP Excel tracking a55% system: enters initial information from the Request for Wetlands Determination Form; reviews SLERP Excel tracker to ascertain if a wetlands determination has been previously performed on each project site; and ensures that adequate information is obtained from the requester to perform the determination prior to the site inspection. Performs site inspections to delineate wetlands using F.A.C. Rule 62 -340, the Florida Wetlands Delineation Manual (DEP and Water Management Districts), Florida Wetland Plants, an Identification Manual (DEP), Soil Surveys for respective counties (U.S. Department of Agriculture, Soil Conservation Service) and other resources. Details how wetlands were delineated using the Wetlands Determination Form. Provides dimensioned legible drawings of the wetlands determination sites and proposed impact area(s). Details if possible, how the wetland impact(s) can be avoided or minimized. Provides notification to requestors of results of wetlands determination (uplands versus wetlands) by phone and by letter. If a site is determined to contain wetlands, notification letter includes an ERP application and suggestions for project modification to avoid wetland impacts or meet a lessor form of authorization. After wetland determinations are performed, results are consistently entered into Permit Application (PA) tracking system and the SLERP Excel tracker and provided to Collier County Government staff as appropriate; results are also e- mailed on a bimonthly basis for entry into the South District's website. Reports on a weekly basis to supervisor the performance and output of the following activities for that week: number of new requests for Wetlands Determinations (WDs) received; entries into the SLERP Excel tracker; whether inspected; whether determinations sent to Collier County Government and requestors per designated procedure; whether w kaenud Item No 'OH OR.- 35 3 entered in PA; and whether SLERP Excel tracker updated. The SLERP Excel tracker is used to document the above activities on a weekly basis by highlighting the work performed on the tracker and presented to the supervisor for review The totals for each of the above activities performed are recorded on the "new requests" form and given to the supervi; a weekly basis. 15% Documents and reports findings to supervisor of any wetlands violation(s) discovered during the performance of duties. If such violations are observed during site inspections, their impacts are documented by providing the following information utilizing the site evaluation report form: area(s) are photographed; dimensioned legible drawing(s) of the site and impact area(s) are produced; areas) cleared, dredged, filled and total impact area are determined (square feet and acres); isolated or contiguous wetlands determined, type and quality of wetlands impacted and surrounding areas determined, and wetland determination methodology, utilized, and type and percentage of exotic plant species infestation are determined in the impact area and surrounding areas. Violations are reported to SLERP Compliance and Enforcement Manager along with complete documentation within two (2) days of discovery. 100/8 Conducts compliance inspections on submerged lands lease renewal applications, and forwards inspection reports to State Lands' reviewers. Provides complaint response for unauthorized activities. Prepares trip reports, documents non- compliance, determines possible actions to abate any violations, and forwards file to Fort Myers Compliance and Enforcement staff. Processes and evaluates Environmental Resource and Mangrove Trimming permit applications and/or requests for 5% Sovereign Submerged Land uses for projects in Collier County which require review of their potential impacts. Assess the value of biological systems, identifies potential impacts which result from construction projects or various types, determines appropriate Regulatory Permit and State Lands Authorization and evaluates proposals in accordance with criteria listed in Chapters 253, 258, 373, and 403, Florida Statutes. These evaluations are conducted in compliance with the Submerged Lands and Environmental Resource Program ( SLERP) operation and procedures manual, Department rules and regulations, and in -house time clock and policies. Evaluates permit applications, sends requests for additional information and required forms to obtain appropriate Regulatory Permit and State Lands Authorization, performs site inspections with recommendations to applicant, performs final action (issue or deny) on assigned projects. Schedules and performs pre - application inspections, prepares field reports, meets with applicants to discuss site potential and submits interoffice memorandums detailing meeting highlights on projects assigned by Supervisor. 100/8 Participates in meetings, providing information to applicants, agents, the general public, and representatives of other governmental agencies to inform them of statutes, rules, policies and procedures applicable to SLERP, including enforcement. Schedules and performs pre- application inspections, prepares field reports, meets with applicant to discuss a site's potential for permitting, and submits written details of meeting highlights on projects as requested by supervisor. Provides customer service to public "walk-in- traffic and miscellaneous telephone requests. Assists Local Government inspectors with multimedia inspections at Local Government supervisory discretion. 5% 1 Other duties as assigned age 2 of u 7. Knowledge, Skin(s), end Ability(im): List eny eetry Ievd IrnowledgS slcill(s), or ability(ies) relating w this Position including utilization of -.. equipment I(SN idmtNsed ti ttas teeaaa are mmitkred F.xmOaf frwafion( +). (I) Knowledge of the tumio0 logy1 principles and analytical techniques of at- Ability to dirawri a work priorities, and insure Proper eomphxion or work assigmaenffi. (4) Ability m rohrc problems and asks dixisiom. (5) Ability to mnntmmicau effectively verbally and in writing. (6) Ability u mikct evahabe, amalyre, end ituerptet scientific a mchnical data (� Ability m uthdknsnnd and aPPIY aDPlicabie rules, regulations policies and procedures relating m envvommenW programs. (>h Ability u deal with the public n a tactful and mianois mmner. (9) Ability m work independently. (10) Ability to establish and inamain effective waking ralaiomhiP+ whir otlnas. (11) Knowledge of the Submerged Lands and 1'vnvimnmhmted Resource Program's (SLERP) operations and proeedmes manual (12) Knowledge of Fkaide Snares, end Administrtive Code RWes renthhg m RegWaory it Proprietary Permit Application processing. (13) Knowledge of and ability to perform field biology/sitc Inspection techniques in accordance with the SLERP operation and procedures manual as wen as Dcparonmt nda and regulatiois. (14) Ability to be able to wade, swim, morlml and traverse difficult wetland terrain. a. Signature of bnmedudc Supervisor: Date. 9. 1 certify that the statements of this position description, to the best of my kmowedgc, accurately describe the duties Performed. Qf the employee doer not agree, indicate hem: DO NOT AGREE_) Signature: of incumbent Date: 10. Signature offteviewmg Authority. Date Department Head, Division Dowtor, or otber Administrative Officer) 11, SigusturcofAgency Officer: Date Cuhnry Name County Code Shift Code 12. Supervisor's Position Number. 01681 Class Code: 4923 Conic I I 0 Class Title: Environmemal Manager Budget Entity 3715 13. List Crass Code(s), Class Title(s), and Position Number(s) of subordinate position(s): Name 14. Work Hours: (A) Daily from 8.00 am to 5:00 o.m. (B) Total tours in work wcek: 4AQ Explain variations in work wale: Flextime 2M Rotating Shift Extended Period Asymmetric Week Other 15. Special Requirenierht(s): Drivers' License 2. CDL Drivers' License _ SCUBA Certification _ Modical Monimring)M On -can _ Residency _ Other (explain) NOTE: Completion of this section for all DEP position descriptions is wandanrr. An ")W ww*m require runt the incumbent be furnished with a eorsv of the aooncabe rnlefs). 16. X7 Yes _ No Incumbent has Remilatory resmonsibilitics and is subject to the provisions of Chapter 6OK -15, Florida Administrative Code. 17. _ Yes No Incumbent has Venda lnvoiceywmt Processing resoousib'lity in accordance with Section 215.422, Florida Statutes: ML Timely and accurate processing of vendor invoice and warrants for payment of good received or services rendered to avoid automatic interest penalty payments. b. Adhering to the provisions and requirement of $cation 215.422, F. S., and related Department of Erivirim mental Protection invoice processing and warrant distribution procedures. 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Q N a E a CO W O !^ t v n o ° v m N m c o E °' W 0.0 F m W A= N ¢ m m m 0 n a E m m Q U m a`r Ew �?a.v L m ¢ - c W _`o E p �_ r N v mE.0- v max v TO m0 U ° `W m N C C c v o E .y N � m p madn Oi C) 2 n } � ). a9 r \k )2) ) \t !_ §37; ) ! } §} b __ = +}0 } y 2 [\ ƒ/ {/ \§ .2 Lu - \k{ \ :_ zG UJ-E_§ �)(L | �) Ki |§; / §§ ; 0§ 2 t. §_ § ! �/ { E/ /2#26= ■O.LD < )m 0 2C 0 0 \� \ I -M :\ � ). ! \ 2 \§ }w zG \ \] (( \� -� \!3 m ) Z 2 ,z \ { )5 £ 2) k $§ i LU \ CL !! > $ April 6, 2007 y�n:i�, lien, Iac. ,C)H r.pni _- 29G- COMMUNITY DEVELOPMENT ;aye °` AND ENVIRONMENTAL SERVICES Office of the Administrator 2800 N. Horseshoe Drive • Naples, Florida 34104 • 239- 403 -2385• FAX 239 - 403 -2395 Gordon Romeis Department of Environmental Protection South District Office P.O. Box 2549 Ft. Myers, FL 33902 -2549 RE: Collier County - DEP Intergovernmental Agreement Dear Mr. Romeis: I regret to inform you, due to our business volume decreasing I no longer will be able to financially support the two positions that are currently staffed at Community Development & Environmental Services Division (CDES) on Horseshoe Drive. In reference to the intertocal agreement, paragraph 61 am providing written notice within the (60) sixty day time frame of the effective termination date. Effective as of October 1, 2007, CDES will no longer provide funding for these positions. I realize that this is a valuable service for the residents of Collier County and if you wish to continue the staffing of these positions in Collier County, I will provide the needed office space. One other option that I intend to pursue is to ask our Board of County Commissioners if they would approve the assessment of a fee for these services. If the Board approves an applicable fee, CDES will continue to fund these positions. 1 intend to schedule this issue as an item of discussion in the April 24, 2007 Board of County Commissioners agenda. I will advise you of the results. Sincerely, roseph K. Schmitt, Administrator o:munity Development and Environmental Services JKSfjmp cc: James V. Mudd, County Manager Gary Mullee, CDES Operations Support Manager Bill Hammond, Director, Building Review & Permitting 4genda i em No, 101 Aoril 2Z. 2DU7 25 EXECUTIVE SUMMARY Discussion of Utility Issues related to Transportation Projects OBJECTIVE: Report of the findings on utility issues in Transportation to the Board for discussion. CONSIDERATIONS: The subject of utility conflicts and delays was brought before the Board on October 24, 2006 when item 16B(4) was presented by Transportation requesting authority to enforce state statutes in directing the relocation of utilities on construction projects when utilities fail to relocate on their own and become in conflict with road work. Projects were experiencing delays due to failure to relocate and the delays were resulting in claims for damages and contract delay. Recently, contractors have been asked to come before the Board to present the status of their projects. The contractors have used this opportunity to voice their concerns about utility conflicts and the resulting impacts to their work. These concerns have mainly focused on utilities not relocating according to schedule and utiiitics not being found where shown on the plans. The County Manager was asked to investigate the matter and report back to the Board. This task was passed to the Productivity Committee and Transportation staff. The Productivity Committee and Transportation Division staff met on three different occasions brainstorming the utility issues. Representatives from consulting firms in CEI and design participated in this process as well as an industry expert in construction management and claims resolution. The Productivity Committee Subcommittee is developing a report and will discuss their findings with the full Committee. The Committee will present their findings as guests of this discussion. Change orders and completion times on Collier County Transportation projects were reviewed and found to be within the industry standards of within 10% on cost and within 20% on time. However, it was noted that actions could be taken to lessen the impacts of utility conflicts. Specifically, the Productivity Committee, Transportation staff and the Purchasing Department will discuss actions deemed viable to enhance current processes. Improvements to utility locates, contract management and permitting requests will be presented. A stronger position will be taken with private utilities during design and construction. Every effort will be made to bring them into the process early and often. Those that fail to respond and continue to delay construction can expect us to make every effort to control and to attempt to recover their share of the damages that are caused. Coordination with Public Utilities has already been enhanced through ongoing monthly meetings, joint pre - construction plan reviews, etc. H ?2007 BCC Agenda \TECM \April 24, 2007 \E S Utility Conflicts.doc aq =n%;G aim r.o 1ul FISCAL IMPACT: The additional cost of CEI, Value Engineering and Subsurface Utility Exploration will add from $100,000 and $500,000 per project and will be budgeted on a project basis. GROWTH MANAGEMENT IMPACT: The discussion of utility issues does not directly impact Growth Management, but relates to the ability to provide infrastructure concurrent with the impacts of development. RECOMMENDATION: That the Board of County Commissioners discuss the findings and recommendations of the staff and the Productivity Committee and provide further direction. Prepared By: Gary R. Putaansuu, P.E.., Principal Project Manager, TECM Department Attachment: 1) Summary of Projects; 2) Active Projects; 3) Closed Projects; 4) PC Transportation Construction Transmittal Letter; 4) PC Transportation Construction Report H:2007 BCC Agenda \TECM \April 24, 2007\E S Utility ConRicts.doc Ido 1L COLLIER COUNTY SOAfiG GF GOUf:Te COa1MI55101s EF.5 Item Number: Item Summary: l h•s neo e ne near r. Ren Y'ne 9nomn I I Jill I icsor+ 11 aad Io tranSPXiR1,0n �mlecte. Meeting Date: 5 od JOAN Prepared By Gary Putaansuo Senmr Project Manager Date Trsnsportallon Engineering son Transportation Servises 411 212 0 01 C:18'.38 AM Lars, ... orn Approved By 51.'s, short ProchasinglGeneral Svcs Duactor Date Aoministrotivc 5er,re, Purchasing 411219gg1 8.46 AM Approved By Norm E Fecer, AICP transportation Division Atlminlstrator Date .nSpoRatlon Services ", n5pOR9hOn si i.es Arch" 411220072.0E PM Approved By kmenANnsd "_ansre2aeimi Enpioer -nr @-o a v c L." r_al It! Approved Itv Approved Itr Thai_ Approved By ,r olrl, Approved By 5_,. • UEne, .,t.i,.r m,a iap.m_n:B,m pl. Anai;�at G.nr p f n -s price or me t . Siri 4 Ie 1 95e AM Approved Bp MrcM1ael SmVkov.slc r"oth"it Eludget:nector Date L A anetm I Otflce Off . ri . L . net 4 Gl[ 1 Ir Pl Approved By .Iar,s n;uad count, Manager Date Brain or Connty .,.ants Manage s Offme 4' $7 2001 P.3; PM PROJECT SUMMARY - COST AND TIME ACTIVE PROJECTS PROJECT Contract Target Contract Target Comments Number Title Amount <10% Time <20% 60018 Immokalee Road (Collier to 43rd) C,0 r1 revisor from 4-iane io e -,ape. Original $ 29,986,526.90 1490 C3, 2 Added pavement North of 011 Final $ 35,730,310.20 19.15% 1701 14.2% Well Rcac and DII Well Road W rO Iiaicr hemp 31.263450.64 '2691, 1 -95 0.4 °�inie- ecnon. 66042 Immokalee Road (US41 to 1 -75) Original $ 26,947,099.43 900 No ki3ior Cnanne Orders Final $ 27,404,646,39 1.70% 981 9.0% ✓VIO IJ�aI rr r n,e 4;.14464 6.3P 1 7C'G 98 i 9 0 °.0 66045 Immokalee Road (1 -75 to Collier) Design /Build Original $ 22,365,498 -91 804 is Final $ 22,365,498 -91 0,000% 804 0.0% 60169 Rattlesnake Hammock Road (Polly Ave to Collier) Original $ 23298,10225 730 Final $ 23298,102.25 0.00% 733 0.4% - 60005 Goodlette Frank Road Original $ 15.800,000.00 440 Final $ 15,978,575.88 113% 517 17.5% 60006 Golden Gate Overpass Original $ 35 397 385.35 750 Final $ 37 957 993.42 7 23% 1006 34.1% 63051 Vanderbilt Beach Road (Airport to Collier) Original $ 37,604,910.53 1020 Final $ 37,956,851.18 0.94% 1123 101% - °� 65061 Collier Boulevard (Golden Gate Blvd to Immokalee Road) Original $ 40,556,620.32 900 .. fy„ t91a1[9 .h9riJ5 VrGe' Final $ 40,556,620.32 0.00% 900 0.0% 62081 Santa Barbara Boulevard (Davis to Copper Leaf Lane) Original $ 62,051,879.48 900 :'f_ -o Final $ 62,051,879.48 0.00% 900 0.0% TOTAL ACTIVE PROJECTS $ 294,008,023.17 7.934 $ 303,300,478.03 3.16% 8,665 9.21% Aoen7 e. I *.e^1 Nc 1ul PROJECT SUMMARY Page , -oi -'" COST AND TIME CLOSED PROJECTS PROJECT Contract target Contract target Comments I Number Title Amount <10% Time <20% 63041 Golden Gate Boulevard $ . worth O�UaU tc ov, +.; sesuriiy ^¢ was due to C0A6 $teady Original $ 15,047,227.29 730 AP4C already being on the GBIvd b n the Final $ 14,667,579.73 - 2.52% 828 13.4% .lob W10 Major Items $ 14451 .078 46 - 3.96 °6 781 7.0% 60134 Goodlette -Frank Road (Pine Ridge Rd to VBR) Original $ 12,858,550A5 690 cools imen! from �� tenter the to Final $ 13,161,270.14 2.35% 843 22,2% lane segment irom Center Street m prance Blossom W/O Major Items $ 12.9'1.5£3.77 Z.B 69101 Immokalee Road (1 -75 to Collier Blvd) Original $ 6,747,845.46 410 CC.F,Sa=in3 the Coonatchee Cana'Sloo= Final $ 9,687,476.21 4156 ° / 686 67.3% RL 60111 Pine Ridge Road (Airport Rd to Logan Blvd) Original $ 9,974,824.59 390 ..c. Final $ 10,966,687.57 9.94°/ 664 70.3% 60061 Livingston Road Phase I (Radio Rd to Golden Gate Parkway) Original $ 9,054,969.07 410 _ Final $ 10,334,930.59 14.14% 634 54.6% _ 60071 Livingston Road Phase II (GGPKWY to Pine Ridge Road)' Original $ 9,293,248.42 365 r 1, Final $ 9,512,070/.80/ 2.35% 536 46.8% ; L;7r,t,r,c I'STU liar h2r". 1='.c, Vi3vl.S0 62071 Livingston Road Phase III (PRR to Immokalee Road) 'C-' Cap 3 well,, aad!oonal B"B ium Original $ 19,635,664.26 750 lane ei! 07 2:anoe Bicsom artl Huz, Final $ 19,234,707.38 - 2.04% 767 2.3% C-,, 7 7empunrp mare e', =_ntrn,i --z ¢r WiC Major 11errrs $ . worth O�UaU tc ov, +.; sesuriiy ^¢ 65041 Livingston Road Phase IV (Immokalee to Lee County Line) Original $ 6,608,521 .88 450 rdo is,aior Ghanoe Orders Final $ 6,029,881.26 -8.76% 542 20.4% W/0- Major Hems $ 5.029 381.26 - 8.76% 542 20.4°0 TOTAL CLOSED PROJECTS $ 89,220,851.02 4,195 $ 93,594,603.68 4.90% 5,500 31.11 % 2 Immokalee Road (US41 to 1 -75) Project #66042 Original Contract Amount + Allowance Change Order Amount Beyond Allowance Final Contract Amount % of Change Change Order Hlohlights Change Order Summary 8 Maior Proiects 26,947,099.43 457,546.96 27,404,646.39 1.70% iG John Carlo, Construction Original Allowance $ 1,258,000 C /O's from Allowance $ 768,822 Allowance Balance $ 489,178 Original Contract Days 900 removal increase emoanitmern, unsuitable materials, increase of directional bores, add steel casings at mast arm, opticom system, relocation of traffic signals, street lighting, removal of water valves. 595.87 C /01 51,950.41 From Allowance 27 modify a precast ramage inlet, ms a s FM line stop, locate and protect newly installed FM during installation of FPL poles, new signal heads at the Strand intersection. - C /02 81,427.29 From Allowance 21 Remove additional structure not shown on plans, repair attenuators, lighting allowance, structure allowances, unforeseen conditions, tan redesign, 71,767.20 C /03 286.596.41 From Allowance 15 epair equipment an roadway, aoge several utility items: such as line stops, directional drills, removal of unsuitable materials. 19.627.96 C /04 284,010.37 From Allowance flume at Strand Blvd, Bituminous Asphalt Adjustment, 8" Water Main Deflection, 6" Force Main Deflection, relocation of light pole at East end of milesone, removal of high mast light ole. 356,053.25 C /05 20,596.41 From Allowance 3 water main at The Lane, Revising a 20" water main tie -in. Revising a 30" water main tie in at the Cypress Way East Bridge 9,502.68 C /06 42,241.05 From Allowance 15 Total Change Order Amount 457,546.96 768,821.94 Total Days Added I 81 Revised Contract Days 981 % Increase in Days 9% 1 Immokalee Road (Collier to 43rd) Project 60018 Original Contract Amount + Allowance 29,986,526.90 Change Order Amount Beyond Allowance 5,743,783.30 Final Contract Amount 35,730,310.20 % of Change 19.15% % of change without major items 4.26% Change Order Highlights lce'lda Na rA:yi' �'J`) 7 APAC, Construction ' Added Original Allowance $ 1,000,000 C /O's from Allowance $ 751,338 Allowance Balance $ 248,662 Original Contract Days 1490 Go from 4 to 6 lanes 3,830,285.95 C /O1 180 Project delay of 10 months due to the army corp of engineers and EPA 1,121,212.33 Amend Repair existing box culvert, add drainage outfall pipes and spartania grass, add electrical work for well field and residential service feed, abandon 3 wells, muck excavation, change ARV sizes per Collier County Utilities 155,711.41 C /02 0 Clearing for Pond 1, Additional regular excavation, rip rap rubble for drainage connection, rip rap for Curry Canal, De- siltinq the cur canal box culvert. - C /03 136.690.04 From Allowance 0 lustment o asp a t prices, new pay items for six lane signal mast arm assemblies and credits for the bid items. C /04 386.405.86 From Allowance Addition of MOT pay items to compensate for requested changes in the realignment of the schedule and traffic flow patterns. Remobilization items due to a permit delay and a private utility conflict C /05 128,769.41 From Allowance 0 Added pay Items to cover damage done by last years storms, added MOT, road cleaning, change in signalization items and increased line items as needed. C /06 97,472.64 From Allowance 6 pavement Kooeo o Or Ull Well for turn lanes and thru lane to better match up with proposed Oil Well Rd widening project. 636,573.61 C /07 25 Total Change Order Amount 5,743,783.30 1 1 751,337.95 Total Days Added 211 Revised Contract Days 1701 % Increase in Days 14.2% % of Increase without Major items 0.4% 3 Immokalee Road (1 -75 - Collier) Design /Build Project #66045 Original Contract Amount Change Order Amount Final Contract Amount % of Change 22,365,498.91 22,365,498.91 0.00% , .. 1�3. --• L,j •. Sfij I Astaldi ConstructiorwP Original Allowance $ - C /O's from Allowance $ Allowance Balance $ - 4 Rattlesnake Hammock Road Project 60169 Original Contract Amount + Allowance Change Order Amount Beyond Allowance Final Contract Amount % of Change Chanae Order Hiahliahts 23,298,102.25 23,298,102.25 0.00% Revised Contract Days 804 % Increase in Days 0% John Carlo, Construction Original Allowance $ 2,115,000 C /O's from Allowance $ 144,686 Allowance Balance $ 1,970,314 Oriainal Contract Days 730 To add line sto s to FM work - C /01 47,150.00 From Allowance Replacement o oratam od or homeowner property behind the sound barrier wall. C /02 9,930.00 From Allowance Add Floating Turbidity Barrier, Add Irrigation & Landscaping at W. end of Wall. - C /03 42.260.56 From Allowance Add Casing under wall post to protect existing Watermain - C /04 I 2,464.04 lFrom Allowance Skyway Dr Temp Lighting - C /OS 945.00 lFrom Allowance Shadowood /NLCC Perm Electric and 8" Water Main Gate Valve Install - C /06 13,646.16 From Allowance Pay for meandering 10 ft. walk - C /07 1 28,290.24 rom Allowance 3 Total Change Order Amount - 1 1 144.686.00 Total Days Addedl 3 Revised Contract Days 733 % Increase in Days 0.4% 5 Goodlette Frank Road Project 60005 Original Contract Amount + Allowance Change Order Amount Beyond Allowance Final Contract Amount • of Change • of change without major items Ch annn rlydar Hinhlinhts ,oenca I? m Iv 101 April 24. 211 7 John Carlo, Construl:tkooa 15,800,000.00 Original Allowance $ 800,000 178,575.88 C /O's from Allowance $ 478,626 15,978,575.88 Allowance Balance $ 321,374 1.13% 1.13% Oriainal Contract Days 440 A an on existing well, spread tooter foundation for traffic signal at 22nd Ave N and divert 8" force main. 16,647.11 C /01 16,647.11 From Allowance 21 Revise Completion dates for the first milestone due to numerous Utility conflicts which prompted several design changes. C /02 0 Relocation of FPL transmission lines on the project that are in conflict with the proposed improvements. Most of the Re use Water Main was eliminated 300,050.00 C /03 0 Extra worK aSS0C1atFU—W1UVMF installation of 48" reinforced concrete pipe due to design change. Added items to address drainage issues, curb and gutter. Deduct a 24" Joint RW Pipeline 68.12 C /04 68.12 From Allowance 30 tilot Urain at e an exl , cover material for stored pipe, asphalt adjustment, pond 1 modifications, install optical system on signals. 461,910.65 C /05 461910.65 From Allowance 26 Total Change Order Amount I 178,575.88 478,625.88 Total Days Addedl 77 Revised Contract Days 517 % Increase in Days 17.5% % of Increase without Major items 10.7% 6 Golden Gate Overpass Project 60006 Original Contract Amount + Allowance 35.397,385.35 Change Order Amount Beyond Allowance 2,560,608.07 Final Contract Amount 37,957,993.42 of Change 7.23% °/ of change without major items 0.11% Change Order Highlights 'ao@ `, 0 of 25 Magnum Original Allowance $ 2,397,500 Increase Allowance $ 2,522,000 C /O's from Allowance $ 5.008,390 Allowance Balance $ (88,890) Original Contract Days 750 Muck Removal & Increase Quantity for floatina Turbidity Barrier C /01 $486,727.65 From Allowance 0 Hurricane Delay C /02 $0.00 34 Temporary Electric Power C /03 $5,171.25 From Allowance 0 Adjusting price for pipe, adding line for 60" RCP storm pipe to cross Golden Gate Pkwy C /04 $292,478.92 From Allowance 0 Deleting seal concrete and adding contractor submitted alternative C /OS 1 $254,289.33 From Allowance 0 Valve Box Tapping Cross 8 Value, unsuitable material removal C /06 $39,478.32 From Allowance 0 Landscape redesign, sealer for cracks, modifications to approve MOT, new item for relocation floating turbidity barrier, Hurricane Da $32.097.45 0/07 $116.033.55 From Allowance 7 Fuel and Steel index increase C /08 $92,355.01 From Allowance 0 Fuel and Steel index increase, and temporary strain pole design C /09 $46,187.11 From Allowance 0 Subsoil Excavation C /010 $308,015.32 From Allowance 13 36" WYE was installed on the City Raw Water Main, fuel adjustment, Hurricane Da C /011 $118.825.62 From Allowance 11 Add to allowance for S Wall Redesign and Muck removal $2,522,000.00 C1O12 $0.00 0 S Wall Redesi n C/013 $1,845,342.77 From Allowance 177 Adjusting s ruc ura steel quan i ies, adding conflict structure to contract due to utilities, irrigation redesign, weather and maintenance delay. $6,510.62 C /014 $1,014,436.39 13 Muck Removal , Capping City of Naples 24" WM, Light Pole Spread Footing, Fuel Adjustment, Relocate Cnty Interconnect, Drainage Structure Modification, C /015 $389.048.53 1 Total Change Order Amount 2,560,608.07 $5,008,389.77 Total Days Added 256 Revised Contract Days 1006 % Increase in Days 34.1% % of Increase without Major items 10.5% 7 Vanderbilt Beach Road (Airport to Collier) Project 63051 Original Contract Amount + Allowance Change Order Amount Beyond Allowance Final Contract Amount % of Change Ch..nA r)rrlar Hinhlinhtc 37,604,910.53 351,940.65 37,956,851.18 0.94% 4PFI, _- 22�,� Apac Original Allowance $ 2,225,000 Increase Allowance $ - C /O's from Allowance $ 941,564 Allowance Balance -T-1,283,436 Original Contract Days 1020 For county public utilities to have a representative from an outside firm to witness tie-in to the existing PCCP. C /Ot $5.313.00 From allowance 0 To correct error on Bid C /02 $0.00 0 Replace the HDPE ADS pipe with Concrete class III C /03 $53.260.70 From allowance 0 Mowing shoulders on VBR from to 222+00 to Sta 448 +00 as directed by en inear C /04 $18,609.88 From allowance 0 ep sang r. ows ence to maintain a safe containment around Harvey canal. C /05 p $4,628.00 From allowance 0 Will compensate contractor for wo which was not noted in the plans to complete the 36" WM C /06 $33.670.05 From allowance 8 Using the existing 48" RCP provides a savings to Collier County C 107 !$12,518.78 Increase Allowance 0 Redesign of box culvert extension at Airport Pulling Road Canal C /08 $7,928.40 From allowance 1 Preparation and repair of Hurricane Wilma C /09 $11,222.20 From allowance 18 Changes related to PLIED utility lines - conflicts and redesign C /010 $63,700.33 From allowance 13 Increase embankment, quantity adjustments for median modifications at The Groves and Naples Walk access C/O11 $251,920.72 From allowance 16 Remove Muck, Added surveys, replace sidewalk damaged during Installation of 36" water main, fencing, rip rap maintenance: of access drives C/O12 $275,345.14 From allowance 33 151tummouS material price aujubune"T, Asphalt adjustment, Directional bore, temporary deflect the existing 4" FM from Mission Hills over the new 20" RCW $351,940.65 C/O 13 $228,463.94 From allowance 14 Total Change Order Amount 351,940.65 $941,563.58 Total Days Added 103 Revised Contract Days 1123 %, Increase in Days 10.1 %" 8 Collier Boulevard (GGBLVD- Immk Rd.) Project 65061 Original Contract Amount Change Order Amount Beyond Allowance Final Contract Amount % of Change 40,556,620.32 40,556,620.32 0.00% Better Roads ' � - �Z, Original Allowance $ 3,070,OOr C /O's from Allowance $ 17,765 Allowance Balance 77,052,235 Original Contract Days 900 Add 20'* tee asing that is shown on the plans but missing as a pay item in the bid documents. $ C /Ot 17,765.00 From Allowance 0 $ 9,292,454.86 Increase Allowance $ 2,522,000 wised Contracts Amount $ 303,300,478.03 C /O's from Allowano $ 8,111,190 of Total Change Orders 316% Allowance Balance $ 11,864,205 ss Major Change Items $6,988.859.56 !vised Change Order Amount ss Major Change Items in Red $ 296,311,618.47 Total Change Order Amount 17,765.00 Total Days Added 9 Santa Barbara Blvd (Davis to Copper Leaf Ln) Project 62081 Original Contract Amount + Allowance Change Order Amount Beyond Allowance Final Contract Amount % of Change 62,051,879.48 62,051,879.48 0.00% Revised Contract Days 900 % Increase in Days 0% Astaldi Construction Corp Original Allowance $ 4,587,896 C /O's from Allowance $ Allowance Balance $ 4,587,896 Revised Contract Days 900 % Increase in Days 0% tat Original Contract $'s $ 294,008,023.17 Original Allowance $ 17,453,396 tat Change Order $'s $ 9,292,454.86 Increase Allowance $ 2,522,000 wised Contracts Amount $ 303,300,478.03 C /O's from Allowano $ 8,111,190 of Total Change Orders 316% Allowance Balance $ 11,864,205 ss Major Change Items $6,988.859.56 !vised Change Order Amount ss Major Change Items in Red $ 296,311,618.47 vised % of C /O's Less items in 0.78% Golden Gate Boulevard Project 63041 Original Contract Amount Change Order Amount Final Contract Amount % of Change %of change without major items Charge Order HghllAhts Change Order Summary Completed Proiects 15,047,227.29 (379,647.56) 14,667,579.73 -2.52% -3.96% ,,2n! 24 2Ol)7 ,, ` :) 25 APAC, Florida Original Allowance $ - C /O's from Allowance $ Allowance Balance $ - Oriainal Contract Days 730 Utility Locates and Message Signs 29,675.00 C /01 0 Quantity Adjustments 23,958.12 C /02 0 Add Contingency /Comm Material for driveway maintenance 100,019.00 C /03 0 Concrete Pipe Class III, MES various sizes and Sidewalk 6" concrete 386.634.45 C /04 0 Mobilization, excavation, Pipe various sizes, Modify Inlet, Rip rap rubble, Conduit underground, electric service wire, embankment for fire station 192.984.33 C /05 0 188,496 was added due to Add Resurfacing for Side Streets as APAC already part of the APAC Annual Contract & being on the Quantity Adjustments 216,501.27 C 106 GGBlvd Job 47 Quantity Adjustments (18.051.42 ) C /07 0 Quantity Adiustments (86,243.90 C /08 42 Quanti Adjustments (442,455.97) C /09 9 final uantity Adlustment lose out (734,752.20) C /010 0 Total Change Order Amount (379,647.56) 98 Revised Contract Days 828 °! Increase in Days 13.4% % of Increase without Major items 7.0% 2 Goodlette Frank Road (Pine Ridge Rd - VBR) Project 60134 Original Contract Amount + Allowance Change Order Amount Beyond Allowance Final Contract Amount of Change of change without major items Change Order Highlights Original Contract Days 690 Extra Gopher Tortoise Relocate, Video AJAX Paving r i .�.- 1'. �H Detector assemblies embankment 12,858,55095 Original Allowance $ 363,498 302,720.09 C /O's from Allowance $ 363,498 13,161,270.14 Allowance Balance $ - 2.35% 0 0.88% Original Contract Days 690 Extra Gopher Tortoise Relocate, Video Detector assemblies embankment discrepancies 99,660.73 C /01 0 Add remove Inlets,Water & Sewer Items 86.509.20 C /02 0 Embankment, Delete Sand cement np rap, Extra work for 2 non FOOT concrete ends 48,397.28 C /03 0 Force main work, 24" water main diversions 22,751.73 C 104 ff 0 Water /Sewer adjustments 183.09 C /05 0 Remove Water / Sewer items (65,463.52 C106 0 Add back #6 items 65,463.52 C /07 0 Remove Water /Sewer items (25.085.73 ) C /08 0 changes to special detour, off duty taw enforcement, traffic control personal, sidewalk repair, relocate signal cabinet C /Og $45.069.91 From Allowance 0 Utilities Quantity ad ;ustments (4,931.55),C/010 $12,814.11 From Allowance 0 Roadway excavation, Traffic striping, fiber optic conflict structure, water items 4,222.28 C/O11 $187.659.74 From Allowance 0 Changes to roaaway, drainage and traffic signal items. 73,104.65 C/O12 $73.685.18 From Allowance 25 Changes were due to the redesign to lengthen the 6 lane segment from Center St. to Orange Blossom 189,746.37 C/O13 $44,269.45 From Allowance 30 Replace existing drainage structures under Pine Ridge Road. New drainage structure with inlet top on Panther Lane, replace existing FM on Pine Ridge Road. 103,073.09 C /014 20 Quantity adjustments due to field conditions, design enors and ommissions. 59,795.52 C/O15 10 Changes include removal, modifications relocation and construction including, unsuitable material, drainage, manholes, roadway lighting, WM, FM. 68,001.16 C /016 45 Added Ballards, labor to remove old french drain system under turn lane, added guardrail blocks on system, labor to remove soild and asphalt and install additional sidewalk. 31,641.34 C/o 17 23 Purchase Order Close Out (454,182.89) p Total Change Order Amount 302,720.09 1 1 $363,498.39 153 Revised Contract Days 843 %Increase in Days 22.2% % of Increase without Major items 17.8% 3 Immokalee Road (175 - Collier Blvd) Project 69101 Original Contract Amount t Allowance Change Order Amount Final Contract Amount • of Change • of change without major items Chance Order Hiohliohts Provide physical locateion of a 20" FM at all crossing stations, provide a fence removal pay item. Additional cost to upgrade the class of 14x23 pipe HE III to HE IV. Additional Type B Fencing at the Pelican Nursery, addition of Test Pile pay item. Rock Removal at Pelican Nursery, remove of a drain field and installation of a grinder station at Laurel Lakes and Install casings for existing and future utility crossings Contract overruns, additional pay items, changes due to differing field conditions and design changes Cost of Stabilizing the Cocohatchee canal Slope Quantity Adjustments due to change field conditions Quantity Adjustments due to change field conditions Quantity Adjustments Final Ciose out o Contract Total Change Order Amount Original Contract Days 410 10,576.44 Aoendz Item Nc, 16i P.aril 24 0 APAC, Florida page 15 of 25 6,747,845.46 Original Allowance $ - 2,939,630.75 C /0's from Allowance $ 9,687,476.21 Allowance Balance $ 43.56% 5.29% I 323,115.90 Original Contract Days 410 10,576.44 C /Ot 0 23,165.00 C /02 0 12,883.60 C /03 0 I 323,115.90 C /04 96 212,057.01 C /05 0 3,085.266.60 C /Oo Cost of Stabilizing the Cocohatchee Canal Slope 180 1,950.62 C/07 0 (502700.00 C /08 Reduce the Rip Rap Quantity to reflected amount installed 0 (222,763.18) C /09 0 2,939,630.75 276 Revised Contract Days 686 %Increase in Days 67.3% % of Increase without Major items 23.4 %. 4 Pine Ridge Road (Airport Rd - Logan Blvd) Project 60111 Original Contract Amount Change Order Amount Final Contract Amount • of Change • of change without major items Chance Order Hiahliahts Better Roads 'oenca Nd ' W �ri� 24 °0 r 9,974,824.59 Original Allowance $ - 991,862.98 C /O's from Allowance $ 10,966.687.57 Allowance Balance $ 9.94% -4.31% Original Cantract nave 3911 Utility relocations, temp asphalt, temp road 150,996.84 C/01 0 signs for businesses,message boards 178,937.38 C /02 90 quantity corrections 5,520.75 C /01 Add 2 additional lanes from 4 to 6 120 0 Intersection 521.106 was for Reconstruction @ adding FM work Asphalt change from 5112" to 7 3/4 ", Radio and Airport not in original Add Forcemain FM Work 1,108,180.78 C/02 contract 60 Bedding material, subsoil excavation, contract 161,180.59 Air ort, Lower 12" WM, Quantity Revisions vehicle detector assembly, water main C /04 $128,015.26 Additional Utilities 14 uantity Adjustments inal lose out o conflict, FM additions 313.363.74 C /03 Added 32 Quantity Adjustments (251.04 C /04 0 24 Remove CEI Consultant from Contract and 1 224 add to Engineering Contract (165,000.00 ) C /05 0 Adjust Quantities, add allum single arm light poles, delete steel light poles 256,176.87 C /06 112 Quaniit Adjustments (4,998.50 C /07 46 uantity Adjustments inal lose out o Contract (521,129.62) 0108 0 Total Change Order Amount 991.862.98 274 5 Livingston Road Ph I (Radio Rd - GGPKWY) Project 60061 Original Contract Amount Change Order Amount Final Contract Amount • of Change • of change without major items Change Order Hiqhliqhts 9,054,969.07 1,279,961.52 10,334,930.59 14.14% 0.00% Revised Contract Days 664 % Increase in Days 70.3% % of Increase without Major items 46.7% Better Roads Original Allowance $ - C /O's from Allowance $ Allowance Balance $ - Original Contract Days 410 Quantity Adjustments 150,996.84 C/01 0 178,937.38 C /02 90 To go to 6 Lanes from 4 1,280,371.86 C /03 Add 2 additional lanes from 4 to 6 120 Intersection Reconstruction @ Radio and Airport Added to this Reconstruction intersection at Radio and contract Air ort, Lower 12" WM, Quantity Revisions 234,480.40 C /04 $128,015.26 14 uantity Adjustments inal lose out o Contract (262,831.28)1 C /05 0 Total Change Order Amount 1 1,279,961.52 1 224 Revised Contract Days 634 % Increase in Days 54.6% % of Increase without Major items 25.4% 4 6 Livingston Road Ph II (GGPKWY - PRR) Project 60071 Original Contract Amount + Allowance 9,293.248.42 Change Order Amount Beyond Allowance 218,822.38 Final Contract Amount 9,512,070.80 • of Change 2.35% • of change without major items -1.54 Benda Iiam Na ,Di Better Roads .,.•il 2vv? Pa j 2 17 Or 25) Original Allowance C /O's from Allowance Allowance Balance Oriainal Contract Days $ 850,000 $ 845,747 $ 4.253 365 Subsoil excavation, Utilitiy Work, Conflict Drainage Box 14,962.50 C /01 75,906.00 From Allowance 6 Shortfall of embankment material due t the relocation of a reclaimed WM. Replace excavated material due to root content, Unsuitable Material removal, 10,218.50 C /02 724,528.32 From Allowance 136 Addition of Wyndemere cart path and relocation of water service for FPL Substation C /03 41,187.30 From Allowance 0 Install complete in ground facilities for Decorative Lighting - Paid for by homeowners from Livingston Road MSTU C /04 3.019.03 From Allowance 0 Decorative Lighting Fixtures - Paid for by homeowners from Livingston Road MSTU 352,021.80 C /05 From Allowance 0 Quantity Adjustments C /06 1,627.20 From Allowance 0 Plug unknown well found within roadway, pave entrance to Community School, correct subcontractors error pricing of poles for highway lighting, close out items under storm pipe & WN structures. (1.710.00 ) C /07 1,605.65 From Allowance 0 Quantity Adjustments 1,041.52 C /08 0 Add days for installations of decorative lighhing. - C /09 29 Project Close Out Quantity Adjustment (155,628.90) C /09 (2,126.50) 0 Total Change Order Amount 218,622.38 845,747.00 1 171 7 Livingston Road Ph fit (PRR- Immokalee Rd) Project 62071 5 Revised Contract Days 536 %Increase in Days 46.8% % of Increase without Major items 9.6% Better Roads Original Contract Amount + Allowance 19,635,664.26 Change Order Amount Beyond Allowance (400,956.88) Final Contract Amount 19,234,707.38 • of Change -2.04 • of change without major items -2.99% n Original Allowance �,...;�2s4�,�7 CIO's from Allowance 2356! Allowance Balance $ 501.217 Original Contract Days 750 Move the existing Water line to outside the new roadway from Bridgewater Bay to VBR 100,427.02 C /01 0 Cap 3 exiting wells, additional eastbound right turn lane off of Orange Blossom Drive for First Baptist Church Per stipulated final judgement, $160,004.51 for Muck removeal of unsuitable material 173,467.09 C /02 Hole #1 0 Additional work at Touchstone Overpass to correct improper placement of fill by WCI 6,157.30 C /03 0 Additional Traffic Control, Dust Control, Drainage Structures 10,152.75 C /04 0 One 20" RCWM Dip to complete Utilities beyond the Community School Entrance 13,416.90 C /05 0 Change the bank Stablization from Rip Rap to Fiber Mat and Pegged Sod at the request of residents for horse crossings. (26,055.32 )IC /06 0 Temporary Gate at entrance of the North Curtail to provide security and From Allowance - safety for adjoining property owners, $196,626.58 for Muck removal of unsuitable material, Hole 92, $13,069.57 for installation of FPL conduit for the North FPL for North Reaional Naples Regional Park 13,069.57 C107 127,351.53 Park 0 Ouanti Adjustments C /08 (2,094.13 From Allowance 0 Aodibonal 24 orce main on me Nonn Side of VBR crossing Livingston III, 244,891.99 C /09 0 Opticom cable, additional signs, 2" PVC conduit under pavement instead of 4" RGS Conduit, video detection equipment. C/O 10 87.128.68 From Allowance 0 Days added due to rain and utility conflicts C/011 17 Sign 8 sign panel name changes, Gore area removal south of Pine Ridge Road, repair damaged existing pipe structure under new turn lane, install 5 section traffic signal instead of 3 section signal. C1012 12,970.44 From Allowance 0 Remove signs & modify traffic signals Immokalee Road & Livingston Road, mowing of median 8 curb side sod, additional asphalt @ guardrail locations, additional casing pipe, additional Utility items. C /013 9,704.27 From Allowance 0 Final Close Out Quantity Adjustment (435,266.79) C 1014 0 Purchase Order Close Out (501,217.39) 0 Total Change Order Amount 1 (400,956.88)1 1 235,060.79 17 8 Livingston Road Ph 4 (Ini to LCL) Project 65041 Revised Contract Days 767 % Increase in Days 2% Bonness Construction Original Contract Amount + Allowance 6.608,521.88 Original Allowance $ 600,000 Change Order Amount Beyond Allowance (578,640.62) Final Contract Amount 6,029,881.26 % of Change -8.76% Raem "a':e vn 1ul C /O's from Allowance` 'i, --;21. ,459, -i7 Allowance Balance $�- .,,,38t54;� Oriainal Contract Days 450 Misc Utility item adjustments 9,554.79 C 1O1 Total Change Order $'s $ 0 Rock removal, Pressure Grouting, Reinforcing Steel, Mitered End section remove & Replace, prestressed concrete piling, Preformed pile holes. $ C /02 47,969.60 0 Signal Interconnect items, utility additions 76,405.88 C /03 56,594.44 0 Traffic Signal adjustments, Utility adjustments and Roadway adjustments. 24,121.59 C /04 43,967.14 0 Utility Adjustments C /05 2,979.00 0 Structure ad'ustement, Inlets Modifications C /06 4,897.49 30 Additional items added to comply with stormwaler prevention C /07 47,678.36 20 C 108 9.372.62 0 Pro cl Close Out Ouani Adjustment 253,938.35 C /09 42 lose out Flurcnase order (386,541.35) 0 Total Change Order Amount (578,640.62) 213,458.65 92 Total Original Contract $'s $ 89,220,851.02 Total Change Order $'s $ 4,373,752.66 'Revised Contracts Amount $ 93,594,603.68 % of Total Change Orders 4.90% Less Major Change Items $ (6,239,507.63) Revised Change Order Amount Less Major Change Items in Red $ (1,865,754.97) Revised % of C /O's Less items in -2.09% Red tl Revised Contract Days 542 % Increase in Days 20.4% r,y Cl iQa i°..T. IVC %. Productivity Committee Transportation Construction Report The Productivity Transportation Subcommittee had open and frank discussions with the Transportation Administrator, transportation staff and Construction Engineering and Inspection personnel (CEls), with input from purchasing, public utilities and Clerk of Courts staff. This productive exchange of ideas resulted in identification of the following issues and recommendations to improve the road construction process. A. Utilities 1. Background a. The problem is locating and moving utilities with minimum delay at reasonable cost. b. Utilities work generally takes about 2/3 of construction time; only 1/3 is used for actual road building. c. Utilities use Right of Way (ROW) for free but have to move facilities at their expense when requested by the county. While Collier County Water & Sewer District works well on road projects, private utilities don't want to provide locates (underground locations) during design phase, only during construction. 2. Location of Underground Utilities a. It is difficult to detect the location of underground utilities. Some records are inaccurate. There are some procedures for locating horizontal utilities, but limited technology for vertical alignments. It can cause delays when abandoned lines are discovered during construction or utility lines are not where they are expected. b. Could spend more time looking for underground utilities prior to construction, but the corridor would be torn up longer and cost more. c. Potholing can be used to locate existing utilities. It costs $600 to $1,000 per pothole. d. Recommendations: (1). Encourage utilities to participate earlier in the process. Have them provide locates during design phase as well as during construction. Possibly suspend their permit reviews if utility refuses to provide timely locate information. (2). Increase potholing, by design firm or an independent third party, at 60% design. Locating existing utilities can be improved by doing more potholes to confirm utility location, especially vertical alignment. (3). Be cost effective to balance number of potholes with potential benefit. Could spend more to locate utilities prior to construction than it would cost to handle the unexpected location during construction. Need to do more potholing when higher potential for major problems. 3. Movement of Utilities 1 asn a iiem No. IG'. '_'D'7 a. Delay in moving utilities can hold up road construction, producing time delays and increased costs. b. Moving utilities is not a high priority with private utility companies because there is no profit for them. Also, they can have other, sometimes legitimate, high priority work, causing delays on the road construction project. c. When the road construction company has delays that are unapproved by the county, liquidated damages are assessed. Currently, if utility movements delay the approved road construction schedule, liquidated damages are not applied. d. Recommendations: (1). Emphasize schedule with utilities to ensure they relocate as agreed. Insist on a reasonable schedule. (2). Assess liquidated damages on utilities that fail to meet their movement schedule. Document delays but include caveat for legitimate /higher priority workload. County could also refuse to approve utility permits for any utility behind schedule on relocation for existing road construction. B. Contract Issues 1. As Built Documentation a. Identifying location of newly constructed underground facilities (As Builts) can be a problem. Documentation provided by road construction contractor is frequently inaccurate and not always timely. b. Recommendations: (1). Manage responsibility for successful delivery of accurate As Built drawings by one of the following procedures: (a). Require contractors to submit As Built mock -up sheets, verified by CEls, when they submit progress billings and reject bills that do not include As Built documentation; or (b). Make final responsibility for As Builts a part of the construction CEI contract; or (c). Retain a design professional to provide accurate and timely As Built drawings and have the assigned CEIs review and approve each As Built submittal. (2). Have additional inspection and Global Positioning System (GPS) documentation of Right of Way (ROW) permit activities and use to update underground locations (As Builts) before construction. (3). Maintain /update accurate As Built plans and include them in county Geographic Information System (GIS) on all completed construction projects. 2. Assumption of Risk, County or Contractor a. County could assume more risk for unexpected items and perhaps receive a lower road construction bid price. b. Conversely, if a road builder is required to assume too much risk for unexpected items, the contract price could be higher than if the county assumed the risk and unexpected problems were handled with change orders. c. Recent contracts have included milestones for completion with financial penalties for missed milestones. Apparently, contractors are including estimated liquidated damages in the bid price to cover missed milestones, thereby increasing costs. d. Recommendations: tie' -, (1). Continue to contract with shared risk to achieve best price. Determine how much risk contractors would willingly assume, based on market conditions, to competitively win the contract. Continue to assume some inflation risk for construction materials. (2). Have bid items in the contract, providing unit price of potential contingencies (muck removal, regularly encountered utility conflicts, etc.). Then there is a competitive price in place if that problem occurs, instead of having to negotiate, non - competitively, when the problem is discovered. (3). Eliminate the use of completion milestones for most construction contracts since everyone agreed they were not working and were costing the county money. 3. Construction Work Stoppage a. Contractor uses minor or recurring problems (which would have identical solutions) as an opportunity to stop work and accrue additional days (and sometimes money) on the road contract. Often the contractor wants to move crews to other jobs, sometimes to get bonuses on other projects. b. Recommendations: (1). Include language in the contract to allow project managers to resolve minor issues without work stoppage. Consider whether to raise the dollar amounts on what the project manager can approve unilaterally. (2). Institute an expedited process so the project manager can obtain fast approval of a work directive to keep the job moving. (3). Streamline the process for inconsequential or "zero dollar" changes. Consider using interoffice memoranda or letter correspondence, not change orders, for changes such as time extensions and previously BCC-approved funding allowances. 4. Shared Information to Control Costs a. Currently there is a very small pool of contractors bidding on road construction projects. Contractors have more business than they have workers to do the jobs. Subcontractors are in a similar situation. Sometimes only a few subcontractors do work for all the prime contractors. b. Contract bids are much higher than in the past, due to material costs but also because of reduced competition in bidding process. As a result, costs are higher and sometimes excessive. c. Recommendations: (1). Communicate with other counties to determine if they are paying the same costs or if they have better language in their contracts to control costs or improve performance. Check for fairness. (2). Consider quarterly meetings with other counties to discuss issues. C. Contract Management 1. Construction Time and Liquidated Damages a. Contractors are sometimes using conflicts as a basis to gain time and avoid liquidated damages. b. The contract provides penalties for time delays on project completion. Currently, contractors are filing claims for every delay that can be attributed to someone else. 3 L.aeri -a No. 1a �.D 1 _ 2D", 7 �d1 j 2,_, o ?., c. Recommendations: (1). Utilize post- design service to quickly resolve conflicts encountered during construction. Address this procedure in the pre -bid meeting to everyone is aware of procedure. (2). Continue to aggressively manage claims. CEIs /project manager should document who /what is responsible for each delay to avoid excessive claims. 2. Reporting Performance Problems a. Early identification /resolution of performance problems is essential to keep the project on track. b. It is important to have shop drawings done on a timely basis and an updated Critical Path Method (CPM) schedule when changes occur. c. Currently, the county can only assess liquidated damages at the end of the construction project. Need to get contractor's attention earlier when serious schedule slippages occur. d. Recommendations: (1). Consider whether to include, in the contract, the ability to reject monthly payment for non - submittal of shop drawings or failure to update the CPM schedule when requested. (2). Investigate use of Construction Past Performance Ratings (CPPR) reports to get attention on problem areas earlier during road construction. These reports on project performance go to the highest contractor management levels but are generally done at the end of projects. (3). Consider whether to bar a contractor from bidding on new projects until they catch up with schedule slippages on current county projects. Consider whether a low CPPR on a final project should preclude the contractor from bidding on future projects. (4). Conduct quarterly or semi - annual CEI meetings to share information and successful techniques and to learn from each other on contract management issues. 3. Intensive Contract Management a. Not all parties involved in road construction are focused on identifying problems and resolving them expeditiously. Potential problems could be identified early in the process to be sure everyone is aware of pitfalls. b. Schedule slippages should be intensively managed. c. Recommendations: (1). Consider partnering to encourage better working relationship with the road construction contractor. If it doesn't work with a particular contractor, discontinue it. (2). Conduct a pre- construction conference to go over every detail of contract performance with attendance of utilities and other local representative (fire, etc.). Highlight all unusual aspects of the contract. Make sure all parties (including CEIs) understand all the issues. (3). Emphasize when shop drawings need to be delivered and reviewed. Could make this performance a contingency of payment. (4). Establish a 2 -week look -ahead and document agreement of what will be accomplished during that time period. At the next meeting, review prior 2 -week performance and document what has not been worked on or completed. Use data to build a claim for time slippage. 4 (5). Review CPM schedule at each meeting, looking for delays and items not completed on time. Could make an amended schedule from contractor a condition of payment. D. Design Issues 1. Value Engineering a. Currently, there is no independent Value Engineering review on road construction projects, although a VE procedure has been developed. b. Recommendations: (1). Implement recently - developed VE procedures (during 30% design, 60% design or final road construction design). As part of VE review, design and material tradeoffs are considered, as well as construction methods. (2). Document cost of Value Engineering program and the road construction savings related to VE, to evaluate benefits /success of the program. 2. Identification of Hiah Risk Issues a. Sometimes surprises discovered during construction require contract delays and increased costs. Early identification of high -risk, potentially high -cost problem areas could save time and money. b. Recommendations: (1). Bring CEIs on project at 60% design to perform constructability review, determine ROW sufficiency and conduct a safety audit. (2). Also use VE process (under VE brainstorming or creative thinking) to identify problem areas that are high -risk or need additional testing prior to construction. COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE 3301 East Tamiami Trail Naples, FL 34112 April 18, 2007 Collier County Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 Subject: Transportation Construction Review Dear Commissioners, The Productivity Committee has completed its review of transportation construction issues. We have had open and frank discussions with the Transportation Administrator, transportation staff and Construction Engineering and Inspection personnel (CEls), as well as input from purchasing, public utilities and Clerk of Courts staff. This productive exchange of ideas resulted in identification of issues and recommendations to improve the road construction process. This report will be included on the April 24, 2007 Board of County Commissioners (BCC) agenda. Productivity Committee members will be available at that meeting to discuss these issues. As always, we appreciate the opportunity to participate in productivity studies and are available to discuss this report at your convenience. Sincerely, Yhairman, arlow Productivity Committee A.SenG�- 'terr. l�40. 50 lSD'ji ^4 :'D5! EXECUTIVE SUMMARY Recommendation to determine the final agenda from the topics proposed by members of the Board of County Commissioners and the Naples City Council for a joint workshop scheduled for May 1, 2007. OBJECTIVE: To consider the topics proposed by members of the Collier County Commission and the Naples City Council, and decide which will comprise the final agenda of the joint workshop to be held on Tuesday, May 1 from 9 a.m. to noon in the boardroom chambers on the third floor of the W. Harmon Turner Building. CONSIDERATION: The Board of County Commissioners and Naples City Council meet quarterly and last held a joint workshop on December 18, 2006 at Naples City Hall. In an email sent from the County Manager's Office on March 30, 2007, the Collier County Commissioners and Naples City Manager Robert Lee were requested topics for the agenda. Responses include: • County Commission Chairman Jim Coletta transmitted via email on March 30, 2007 at 2:26 p.m. the following topics for consideration: 1. Future annexations 2. Consolidation of fire departments and other governmental services 3. Direction of property tax reform and its impact on our joint county/city ventures 4. Equal access and cost for county residents for boat launching facilities 5. Concurrency rules that are not limited by municipality's boundaries 6. Recycling that mirrors county requirements • County Commissioner Donna Fiala transmitted via email on April 3, 2007 at 1:31 p.m. the following topics for consideration: 1. Fleishmann Park cooperative agreement 2. City vision for the affordable housing along 10`x' Street and 5th Avenue North 3. City vision for the roads in the city (ie. four lanes to two lanes) 100 +``+C -i. 2, County Commissioner Fred Coyle transmitted via email on April 3, 2007 at 2:31 p.m. the following topics for consideration: 1. Cooperative efforts ref: Naples Bay and Clam Bay 2. Impact of Florida State Legislature's Property Tax bills 3. Impact of Florida State Legislature's Growth Management bills • County Commissioner Frank Halas transmitted via email on April 18, 2007 at 11:34 am. the following topic for consideration: 1. Annexation of properties into the City of Naples and development of corresponding Inter -local Agreements • On behalf of the Naples City Council, City Manager Robert Lee transmitted via letter dated April 2, 2007 (see attachment) to County Manager James Mudd the following topic for consideration: 1. Formal request for county funds for Fiscal Year 2007 -08 for Fleishmann Park (S2 million), Sandpiper Street (SI million) and Gordon River Greenway ($500,000). The Naples City Council following its regular meeting on April 18, 2007 transmitted via email at 1:42 p.m. the following additional topics for consideration: 2. Charter Government 3. Vessel Speeds 4. Sandpiper Project Upon review and consideration of all proposed topics, the Board needs to determine which are to comprise the final agenda. FISCAL IMPACT: There is no fiscal impact associated with this executive summary. GROW'T'H MANAGEMENT IMPACT: There is no growth management impact associated with this executive summary. LEGAL CONSIDERATIONS: There are no legal considerations associated with this executive summary. RECOMMENDATION: That the Board of County Commissioners determines the final agenda from topics proposed by members of the Board of County Commissioners and City of Naples for the Joint Board of County Commissioners and Naples City Council Workshop scheduled for May 1, 2007. Prepared by Debbie Wight, Assistant to the County Manager [An '. N, lll.i lU' COLLIER COUNTI 30IPD JP -OUI,Tt ;OA9MI�SI�NEi?5 -- Item Number: Item Summary: -. 011111,1a 1 ion U n t Lmna "I nna. agenda tro - t .c n'000ss menblrs otthe _v r Gt9'p ;:n slooers end _ r acle =_ Cnc ; 1 o vsi p — ,eaul- :o e ✓,h- ..s IC tnc GoL.n r ager: Meeting Date: 41141200: 9 00 00 M Approved By James V. Mend Comm, Manager Date eoam o1 Counp, eommrssraners CoLm[y Menagaf s Office 4'181200' 4t E3 PM 1 �uv atF 2'17 OFFICE OF THE CITY MANAGER TELEPHONE (239) 213 -1030 • FACSIMILE (239) 213 -1033 lliiKe SmyKe�Srt 735 EIGHTH STREET SOUTH • NAPLES, FLORIDA 34102 -6796 April 2, 2007 Mr. James V. Mudd County Manager Collier County Government Center 3301 East Tamiami Trail Naples, FL 34112 Dear Jim: Per our meeting last Friday, please consider this memo a formal request for County funds for Fiscal Year 2007 -2008. As you recall, 1 sent you a letter regarding the County's process to consider funding requests for next year's budget (see attached letter dated January 19, 2007) and you responded (see attached letter dated February 9, 2007). In your response, you indicated that you were working on a budget instructions manual and that a copy would be forwarded to my attention. The manual was to include required paperwork to be used for our funding request. To date, I have not received either the budget manual or the required paperwork. When this is forwarded I will be glad to complete the required documentation. In the meantime, please consider this letter a formal request to fund the following projects: Fleischman Park — Funds requested $2 million This is an active regional recreation park with indoor and outdoor construction elements that are estimated to cost approximately $12 million. The City has already expended $ 5,719,892.00 for public improvements over the last 2 years and intends to continue to renovate this park. The County's Recreation Advisory Board received a City staff presentation at their last meeting and agreed to recommend a S2 million dollar request for County funds toward these improvements. Sandpiper Street — Funds requested $1 million This project is a continuation of the public improvements currently being implemented at the entry way (east and west sides) of Sandpiper Street south of U. S. 41. More specifically this project involves roadway enhancement and beautification of Sandpiper Street from Curlew Avenue to Marlin Drive. As you know, a large portion of the roadway is under County jurisdiction and the improvements will enhance property in the unincorporated section of the County as well as the incorporated (City) section of the County. The City ��fi /!.J /r(/ e•q lL��.� ... / /! %v /G l! /'l /ld L J< )C..Y� ... "� r//Jilfj r/h R/i l /l /�.� ff l /.11. No 90.E ADJiI _ -?r,),7 James V. Mudd April, 2007 Page 2 will be contracting with an engineering firm within the next two months to develop elements for this project. It is estimated that this design and specifications work will cost approximately $200,000. Last year, the County Commission agreed to fund $100,000 towards this project. This year's request is for the County to provide a 50% match of the funds for construction of this project estimated to be up to $2 million. Therefore, the request is for the County to fund 50% of the cost. Gordon River Greenway — Funds requested $500.000 The proposed project involves constructing a link of the Gordon River Greenway from the Airport to the proposed Pulling Park. This project is part of a large scale pathway system along the river that will be available to all County residents, as well as visitors. It is requested that the County provide a 50% match of the estimated $1 million dollar construction budget. Operational Costs In addition to the capital budget requests herein, I will also be asking the County to consider providing some funds to help cover some operating costs at Fleischman Park. Although that has not been included in previous requests, the programming at the Park supports such a request. Joint Meetine Discussions As we discussed on Friday, the May joint workshop (between the City Council and County Commission) will include a City presentation on the budget items requested in this letter. In the meantime, please notify me of any public meetings (i.e. Advisory Boards, County Commissions, etc.) that you feel I should plan to attend to present the City's funding requests. Thank you in advance for your assistance in this matter. Please be assured that we will promptly supply additional information to support these requests if needed, including completing the aforementioned capital budget request forms you referred to in your February letter. Sincerely, ly, Robert E. Lee, DPA City Manager cc: City Council Members Construction Management Director Community Services Director Finance Director fib,., /..,.. / /,/ .. . % „r f , / /,., /�. %:.,. /•ly..,... / / / /,,. /.. /.. s v OFFICE OF THE CITY MANAGER TELEPHONE (239) 213 -1030 • FACSIMILE (239) 213 -1033 735 EIGHTH STREET SOUTH • NAPLES, FLORIDA 34102 -6796 January 19, 2007 Mr. James V. Mudd County Manager Collier County Government Center 3301 East Tamiami Trail Naples, Florida 34112 Dear Jim: :ien - I Q As a follow -up to our conversation last week regarding the upcoming FY 07 -08 budget process, I am requesting a written response on the County's process to consider funding requests from the County Manager. More specifically, I am asking for a deadline for submittals, supporting documents you would like to have included, and any meetings (staff, advisory boards, County Commission) that the City should attend. I appreciate your past assistance and support of the City's requests last year. Sincerely, Robert E. Lee, DPA City Manager REL /acl cc: City Council /�ci te� -..� �,%ry .. - Jetatrc !� o/%? . �fn`ot .✓,�.. �iii�7iL� <i: n>f�G�Gua- c% 'nen-�E !ter, hJc 1 -J COLLIER COUNTY MANAGER'S OFFICE February 9, 2007 3301 East Tamiami Trail • Naples, Florida 34112 • 239- 774 -8383 • FAX 239- 774 -4010 Dr. Robert E. Lee, DPA City Manager City of Naples 735 Eighth Street South Naples, FL Dear Dr. Lee: i FEB 13 2007 M YMANAGERS 0FR CE Thank you for your recent correspondence regarding the submittal of capital project requests for funding consideration by the Board of County Commissioners. Collier County is in the process of finalizing budget instructions for FY 08. As soon as the budget instructions manual is completed, a copy will be forward to your attention. This will include the required paperwork associated with any capital budget requests. Capital project request forms are changing from prior years as Collier County is implementing a new capital budget process in FY 08. Supporting documentation should include, but is not limited to, a description of the capital project, total cost of the project, funding provided by the City of Naples, amount requested from the Board of County Commissioners, and an explanation of why the Board should fund the request (i.e., documented county use of city facilities). It is appropriate that city staff makes all presentations associated with City of Naples capital project funding requests. City representatives should attend the following meetings to present the City of Naples funding requests and respond directly to any questions that arise. Meetina Date Capital Project Budget Submissions TBD Parks and recreation Advisory Board (PARAB) Prior to June Budget Workshops Board Budget Workshops TBD (typically mid to late June) September Budget Hearings Sept. 6, 2007 and Sept. 20, 2007 If you have any additional questions regarding capital budget requests, please contact Susan Usher, Senior Budget/Management Analyst, at 774 -8810. Thank you very much. S' cerely, J ames V. V. Mudd, County Manager cc: Susan Usher Marla Ramsey ',o=naa Item Ne ',0K ADn' 24 20'17 aae 1 of ? EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners reject the 516.5 million counter -offer from Athina Kyritsis and Zannos Grekos, owners of the Gawn Fishin', LLC property located in Everglades City (Owners). OBJECTIVE: That the Board of County Commissioners reject the Gawn Fishin', LLC Owners' counter -offer of S 16.5 million for the Gawn Fishin', LLC property in Everglades City. CONSIDERATIONS: On February 13, 2007, Agenda Item IOH, the Board authorized the County Manager to sign a Letter of Intent with the Owners and directed staff to perform the necessary due diligence of obtaining two appraisals and environmental reports for the property. The listing price for the property is 518.5 million. Two independent appraisals valued the property at $1 1 million and $14 million. respectively. The average of the two appraisals is Sl 3.5 million. Staff made an offer for the average of the two appraisals. The Owners have countered at 516.5 million firm. The results of a Phase I1 Environmental Site Assessment and Wetlands and Listed Species Assessment performed by MACTEC En«incering and Consultutg, Inc. and Passarella and Associates, Inc., respectively. were favorable. Under the County's current Manatee Protection Plan (MPP), a boat ramp or dry storage facility would not be pennittable based on the site's current Moderate Manatee Protection ranking. Florida Fish and Wildlife Commission (TWO along with Collier County are in the process of developing a revised MPP that will work with United States Fish and Wildlife Service (USFW S) to address all outstanding issues /concerns. The revised MPP should also address the current USFWS's Area of Inadequate Protection classification for this area and would likely result in the lifting of this classification. FWC guidance documents indicate that Collier County's MPP could be revised in three years after the adoption of the Manatee Management Plan being proposed by the state. The FWC will consider the adoption of this state Plan in September 2007. The revised County MPP should take three to four years to complete. Collier County and Duval County are scheduled to be in the first tier of FWC's review of MPPs. Various groups have expressed the need to provide greater boater access throughout the area. Given this emphasis on increased boater access, staff believes but cannot guarantee that there will be opportunity to propose in the revised MPP that new boat ramps and dry storage facilities with some restraints for sites like this one that have Moderate Manatee Protection rankings be adopted. Park and Recreation Impact fees are far below projections year -to -date. Staff recommends no further negotiations due to the MPP plan and park impact fees below projections. EXECUTIVE SUMMARY Gawn Fishin' Page 2 FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners: 1. Reject the Owners' counter -offer of $16.5 million PREPARED BY: Jason Biros, Property Acquisition Specialist Real Estate Services'Facilities Management Fy COLLIER COUNTY POACD 01 ::wjKly COMrlisv[ 0EPS -^ Item Number. 50Y Item Summary: v e rr ..._nu. re6ca,,.i „ut ry ,.. rr =.0 tt s -mes nr.,orcr rner- oP t t't na Ka,. 5' d -,,Inca t �., wish -C Urouevy Ic. ao', nl vBr.]'i POPS ,ty JWn,— Meeting Date: 41 ?4i',X i s c0 c0 a.M Prepared By Jneon Biros Propory Arqu,tien Speualist Date Htlminls(IDnve Services FacOht s Mmmoemaof 6I98I2007 t 13-41 PM Approved By Toni A. Mot! Neal Prapert� Sapewiaor Date Acro"o,tr.t.- 5orvicm5 Faclllha, Manooamanf 4'18'20092.56 PM Approved By Jason 5lres ACgu¢ition Specialiei Date Adrnr,Wative SOrvices racJiucs Manatloment 4 18,'20092' 5t DM Approved By ASari: rrpmsey vble Loll rnor Oate Approvetl Uv _. Approved BI' r 1, �. Apprm -etl 11, Apprmcd By G 1 franape OYicc CI M1 ° ie t 4 5,,et 4 11, D9' 4.56 DM Approved Bp v _n n. r41 : :gar Darc Poamc...o 1 co t r _ s ornce 1e 2w 5 DM knenrl0 Item tVC,. 12A APU1 2 G'), , COLLIER COUNTY EI (]Ar:O JF COUNT, RS Ile. Number: 1 .. Item Summary: t', r_ Or, ur, NO u�_eI y- ::Bent Sessm Meeting Date: 4G1 (J(oo AN. Approved By )sold c. welgel count, Aaon,oy Date County Attorney .. linty Ml.ru r orrice 4'19(200] 910 me .Approved By James v. Mudd Board of Count, - comnu,.n er.. County voneger County Manaoors )face Dme 4/1812007 4:9 FN "Oeric'a Item No. 12 2qe 2 or _ NOTICE OF CLOSED ATTORNEY- CLIENT SESSION Notice is hereby given that pursuant to Section 286.011(8), Fla. Stat., the Board of County Commissioners will meet in executive (closed attorney - client) session on Tuesday, April 24, 2007, in the Commission conference room, 3`d Floor, W. Harmon Turner /Administration F Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. In addition to Board members, County Manager James Mudd, County Attorney David C. Weigel, Chief Assistant County Attorney Michael W. Pettit and Assistant County Attorney Jacqueline Williams Hubbard will be in attendance. The Board in executive session will discuss: Settlement negotiations and strategy relating to litigation expenditures in the pending litigation case of William Litsinger v. Collier County, Florida and Fred Coyle, individually, Case No. 06- 432 -CA, now pending in the Twentieth Judicial Circuit in and for Collier County. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK by: /s/ Patricia L. Morgan Deputy Clerk (SEAL) 06- 432- CNI652 AOemla Vern IVe. 1E P''Q' COLLIER COUNTY B06Gli Dr COUNT, :: D69 M'.SS!ONEI's Item Number 1JE Item Summary: _t _'. t %nt POa t Of) >. H.: d ct Cnumy'_ o _rs tc f de Difochon tc ir, )f, C; If,- (, tunie} as TG e ,qtr,, .r N t. dune ar, .retegy Relahny Ip Lc ,.enmu All, a _r5n.1 olfrl It m,u &anJ bred Coyle i t. iflIUMly Gene N )' 1 e _.r nom p nu ng in ine n �.r md.Cel ^ rcun m end for C'Jfiier L , 011'tt) F Jt'06 Meeting Date: 415.11:00' P 00.00 AM Approved By Damio C. Wo.,.1 County Attorney Dete mry Aaorttey unq Attorney D10ce 411612007 9 12 PM Approved By Jen— V_Move Oounq ManaHO' pace P.erd of 6aanty Commissioners Count, Managers OHme 4^1612007 4: 55 PM fie: No. .2:r o of 14 EXECUTIVE SUMMARY Recommendation to approve a Pre - Litigation Mediated Settlement Agreement for the purchase of improved property (Parcel 140) in the amount of $1,283,988.00 which is required for the construction of Vanderbilt Beach Road Extension Project #60168. (Fiscal Impact: S1,298,488.00) OBJECTIVE: That the Board approve a Pre - Litigation Mediated Settlement Agreement for the purchase of Parcel 140 for the Vanderbilt Beach Road Extension Project #60168. CONSIDERATIONS: The subject property consists of 6.34 gross acres of land situated along 23' Street NW in Golden Gate Estates owned by Richard and Lynne Greco. It is improved with a residence, horse stable and dressage rink. The County will need to acquire the entire property as part of the future Vanderbilt Beach Road Extension Project. The County's appraiser valued the property at $976.000. The owners' appraiser valued the property at $1.350,000. The owners were seeking compensation in the amount of $1,916.000 as summarized on the attached Mediation Comparison. At the request of the owners, Richard and Lynne Greco, the parties held a pre-litigation mediation on March 25. 2007. Issues at mediation included roving costs and the loss of the "save our homes" tax benefit. If the settlement is approved, the County will be responsible for the following costs: • Purchase amount: $1.283.988.00 • Expert Fees: S 4.000.00 • Negotiated Attorney's Fees: S 7.000.00 TOTAL S 1 294,988.00 The agreement is conditioned upon the parties executing an Agreement for Sale and Purchase of the subject property for the sum of $1.283,988.00, less any amounts owed for liens and pro -rated property taxes: and that the closing will occur on or before .June 1, 2007. Attached is the Pre - Litigation Mediated Settlement Agreement. FISCAL IMPACT: A budget amendment is needed in the amount of $1,298,488.00. Funds will come from Impact Fee District 6 reserves. Total amount includes the S1.294,988.00 and $3,500.00 for the approximate cost of title insurance, closing fees, and recording fees. Source of funds are Impact Fee District 6 reserves. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: approve the Pre - Litigation Mediated Settlement Agreement: 1 authorize staff to prepare and execute the Purchase Agreement for Improved Property and any other closing documents necessary to facilitate the conveyance of the parcel after approval of the Comity Attorney's Office: authorize its Chairman to execute the Purchase Agreement for Improved Property; 4. approve the expenditure of funds as stated; approve any necessary budget amendments; and 6. direct staff to make disbursement of the funds. PREPARED BY: Heidi F. Ashton, Assistant County Attorney and Kevin Hendricks, Transportation Acquisition Manager Nc COLLIER COUNTS 30i: i:� Jr CJUI9" Cora NlS S!ON -::i'S Item Number: .., Item Summary: 7 -_ 7r daf or..t , Fr -. f f . M O., rd w ft,, _ v for a, Oi t h a, I in, 140, 9s f0 n- I, 4.....e ra 3eru: D-I I Cac Ett= s e If 1 L 31 ast . 1 .HC 486.00; Meeting Date: 4/24120,,' '100 )0 /rM Prepared By Heidi,,. Ashton Aesistenf County Attornoy Dote County Atlorney Cwmly Attnmey DRlee 413 12007 12 08 46 PM Approved By NajfhArmue Dneotm Dale bans Portati0o Engmmenng & Tof,, nae on Services 415; 20071, JS AM ruction Manaooment Approved By e.evin Henanck5 R."I CJf Way Date irenmonelion Services _CM -P.DK 4l6/30U: 11 27 AN Approved Bp _' f.. _ WE rialys mate Approved It, A pp rmed IA' ppnmal By .. ..a Approved By DL16 CCOfdmvt0f Iwnnmrvnuve ASeisiavf ...a Counts' Manaooas off" Otfioe of Mnnaonnen. S B.t,at 4:1;'2007 2-4a PM Approved By j , .,or _ 10 1 mo E L I If I C rt 111 ( k".fztu t hw Cffof ol M1, -_ I EUdge: < 2 39f OM Approved It, Nuchael Sm)�Y.ov5k1 M1 ".anaoemont E rf.ot,f Ovettor DNe Coanp, M1Van1g 1,Offico Olho. Of Manaooment &Eedgof 4117120074'. 14 PM .Approved By .ame. v...udo Conn:y Manager Dcta r. ... ) , "Inn. CIC4S: PN �,a3RCi8 I m, rJC. Vanderbilt Beach Road Extensio(�5 Project: 60168 Parcel No.: 140 IN RE: Collier County ( "County ") and Richard Greco and Lynne Greco ( "Property Owners ") PRE - LITIGATION MEDIATED SETTLEMENT AGREEMENT At a -Mediation Conference held on -larch 2S. 2007, the parties reached the following Settlement Agreement: 1. The County will pay to the Property Owners, Richard Greco and Lynne Greco, the sum of $1,283,988.00 for the acquisition of the subject parcel and in full settlement of all claims for compensation whatsoever, but excluding attorney's fees and experts' costs. 2. The parties agree to execute an Agreement for Sale and Purchase of the subject parcel. The County will prepare the Agreement for Sale and Purchase and any other closing documents necessary to facilitate the conveyance of the parcel. 3. The County will pay to the Property Owners the sum of $1,283,988.00, less any amounts owed for liens and pro -rated property taxes, at the closing of this matter, which shall occur on or before June 1, 2007. 4. At the closing of this matter, the County will pay to the Property Owners' attorney total attorney's fees in the amount of $7,000.00. 5. At the closing of this matter, the County will pay to the Property Owners' experts total experts' costs in the amount of $4,000.00_ Paoe o of 14 6. This Settlement Agreement is subject to and conditioned upon review and approval by the Collier County Board of County Commissioners. Said review shall occur not later than April 24, 2007. Attached hereto is an Addendum to this Agreement. Yes x No S. This '019reement, dated March 28, 2007, contains all of the agreements of the parties. K-6vin H,:5ndncks, T Collier Cou kty Attorney for the Collier CountyCollier County Mediator Property Owner,,JZII�hard Greco Prosy 0j�Iner, Lynne,Grec V Attorney r Property Owners Lai \ \\ \\\ \ \ \ \ \\ \ \ < < 2 \ \\ \\\ \ \ \ \ \\ \ \ 2 PROJECT: PARCEL No(s): FOLIO No(s): N3. 5 L',pr - ZJS F'a - - o` ",4 PURCHASE AGREEMENT (For Improved Property) THIS PURCHASE AGREEMENT is made and entered into on this day of , 2007, by and between RICHARD GRECO AND LYNN GRECO, husband and wife, whose mailing address is 404 North Adams Street, Quincy, Florida 32351, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as "Purchaser"). WHEREAS, Seller owns certain improved property located at 771 2 31 Street NW, Naples, Florida, and more particularly described as ALL of Tract 16, Golden Gate Estates Unit No. 7, according to the plat thereof, recorded in Plat Book 4, Pages 95 and 96, of the public records of Collier County, Florida, together with all buildings, structures and improvements, fixtures, built -in appliances, ceiling fans, floor coverings and window treatments, and the personal property, if any, located thereon, (hereinafter collectively and cumulatively referred to as "Property "), free from liens; and WHEREAS, Purchaser requires the Property for right -of -way purposes as part of the Vanderbilt Road Extension Project, and WHEREAS, Seller has agreed to sell and Purchaser has agreed to buy the Property subject to the terms and conditions that follow. NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. AGREEMENT 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. 2. PURCHASE PRICE The purchase price (the "Purchase Price ") for the Property shall be $1,283,988.00 (U.S. Currency) payable at time of closing. If this Agreement includes an occupancy provision, the Purchase Price stated above will include a deduction for all occupancy fees due under the term of this Agreement. 3. CLOSING A. The Closing (THE "CLOSING DATE ", "DATE OF CLOSING ", OR "CLOSING ") of the transaction shall be held on or before June 1, 2007, 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 Tarn ami Trail East, Naples, Florida. Purchaser shall be entitled to possession as of Closing, unless otherwise provided herein. Seller shall deliver the Property in broom -clean and working condition, and free of all debris upon vacating the premises. B. Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to appfcahle title standards adopted by the Florida Bar and in accordance with law. Page 1 of 8 At or before 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: 1. 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. 2. Combined Purchaser - Seller closing statement. 3. A "Grantor's Non - Foreign, Taxpayer Identification & "Gap" 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. 4. A W -9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 5. Such evidence of authority and capacity of Seller and its representatives to execute and deliver this Agreement and all other documents required to consummate this transaction, as reasonably determined by Purchaser's counsel and/or Title company. C. At the Closing, the Purchaser, or its assignee, shall cause to be delivered to the Seller the following: A negotiable instrument in an amount equal to Net Cash to Seller on the Closing Statement. 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 "Requirements and Conditions" below, 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. 2. Funds payable to the Seller representing the Purchase Price shall be subject to adjustments and pro- rations as hereinafter set forth. D. At Closing Purchaser shall pay Seller's attorney's fees, to the firm of GrayRobinson, P.A., in the amount of $7,000.00, and Purchaser shall pay Seller's appraisal fees, to the firm of Calhoun, Collister & Parham, Inc., in the amount of $4,000.00. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due upon the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, unless the Property is acquired under threat of condemnation, 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 Article 8, "Requirements and Conditions" below, shall be paid by Purchaser. The cost of the title commitment shall also be paid by Purchaser. E. 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. 4. PROPERTY CONDITION DISCLOSURES Page 2 of 8 - �a2rid� iter;i Nu_ ^2C 4,p, -ii _,C. 24G7 A. General. Seller represents that Seller knows of no facts or conditions materially affecting the value of the Property, except those which are readily observable by Purchaser, or which have not been disclosed to Purchaser by Seller in writing and furnished to Purchaser prior to the Effective Date of this Agreement. B. Radon Gas. Florida law requires the following disclosure: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. Seller has no knowledge of the existence of radon on the Property or any radon mitigation having been performed on the Property. 5. INSPECTIONS A. Inspection Period. Purchaser shall have 30 days from the Effective Date (Inspection Period) to have the Property and improvements thereon inspected at Purchaser's expense, and Seller shall provide access to Property for same. B. Walk- Through Inspection. Purchaser (or a designated representative) may conduct a walk- through inspection of the Property prior to Closing and prior to possession, to confirm (1) that the personal property items which are being conveved as part of this Agreement remain on the Property, (2) that the personal property items which are not being conveyed as part of this Agreement have been removed from the Property, and (3) that Seller has maintained the Property as required in Article 3. Upon reasonable notice, Seller shall provide access and utilities service to the Property to facilitate the walk- through inspection. 6. RISK OF LOSS Seller shall maintain the Property (including without limitation the lawn, shrubbery, and landscaping) in the condition existing on the Effective Date until Closing or date of Purchaser's possession, whichever is later, except for ordinary wear and tear. Any future loss and /or damage to the Property between the Effective Date and the Closing or date of Purchaser's possession, whichever is earlier, shall be at Seller's sole risk and expense. 7. REQUIREMENTS AND CONDITIONS FOR CLOSING 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: A. Within fifteen (15) days after the date hereof, Purchaser shall obtain as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA 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 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. B. 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 (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 000d and marketable. In the event Seller is unable to cure said obiections within Page 3 of 8 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 may terminate the Agreement. C. 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. Purchaser shall have sixty (60) days from the Effective Date of this Agreement to notify Seller in writing 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 sixty (60) days from the date of receipt of said notification, 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. 8. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES Seller intends for Purchaser to rely on the representations contained in this Article in entering into this Agreement and warrants the following: A. Seller has 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. B. 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. C. The warranties set forth in this Article are true on the Effective 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. D. 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. E. No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. Page 4 of 8 1?,7'il `I :a F. Until the date fixed for Closing or as 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. G. 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 hazardous 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. H. Seller has no knowledge that the Property, and /or that 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. I. 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. J. Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefore, 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. K. 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 adversely affect the zoning or physical condition of the Property or its intended use by Purchaser. 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. Page 5 of 8 rli — "�OJ7 L. 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. 9. NOTICES Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing sent by facsimile with automated confirmation of receipt, or registered or certified mail, return receipt requested, postage prepaid or personal delivery addressed as follows: If to Purchaser: Transportation Engineering & Construction Management Attn: Kevin Hendricks 2885 South Horseshoe Drive Naples, Florida 34104 Telephone 239 -213 -5844 Fax 239-213-5885 With a copy to: Heidi F. Ashton Assistant County Attorney Office of the County Attorney Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone 239 - 774 -8400 Fax 239 - 774 -0225 If to Seller: Richard Greco 404 North Adams Street Quincy, Florida 32351 With a copy to: W. Campbell McLean GrayRobinson, P.A. 201 North Franklin Street Suite 2200 Tampa, Florida 33602 Telephone 813- 273 -5000 Fax 813- 273 -5145 The addressees, addresses 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 addressees, addresses and numbers 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. Notice shall be deemed given in compliance with this Article upon receipt of automated fax confirmation or upon on the fifth day after the certified or registered mail has been postmarked, or receipt of personal delivery. 10. MISCELLANEOUS A„ Thic Agrees merit may ha executed in any mannp.r of nmintpmads which Page 6 of 8 �kml 2= -'X�7 together shall constitute the agreement of the parties. B. This Agreement and the terms and provisions hereof shall be effective as of the Effective Date 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. C. 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. D. 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. E. 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. F. 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. G. 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. H. 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 s. 286.23, Fla. Stat., 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.) 1. This Agreement is governed and construed in accordance with the laws of the State of Florida. J. The Effective Date of this Agreement will be the date of execution of this Agreement by the last signing party. K. This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and there are no promises, representations, warranties or covenants by or between the parties not included in this Agreement. 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. L. TIME IS OF THE ESSENCE to this Agreement. M. Seller may not assign, sublease, or license any rights arising under this Agreement without the written consent of the Purchaser. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written. Page 7 of 8 Acquisition Approved by BCC pursuant to Resolution No. 2006 -142 approved on the 6" day of June, 2006, agenda item no. 10A. AS TO PURCHASER: DATED: ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: Deputy Clerk JAMES COLETTA, Chairman AS TO OWN DATED: 6 D WltnesV (Signature) Richard Greco Name (Print or Type) Witness (Signature) - Name (Print or Type) _ Wknessj,Signat6re) Lynn Greco Name (Print or Type) Witness (Signature) Name (Print or Type) Approved as to form and legal sufficienc Heidi F. Ashton Assistant County Attorney 0 814860 v1 Page 6 of 8 Item No. ^2p F.pril 24, 2007 ?a o4 7 Executive Summary Recommendation to Approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be Drafted Incorporating the Same Terms and Conditions as the Mediated Settlement Agreement in the Amount of $1,565,000.00 for the Acquisition of Parcel 119 in the Lawsuit Styled Collier County v. David Lawrence Mental Health Center, Inc., et al., Case No. 06- 0567 -CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact: $863,450) OBJECTIVE: That the Board approve a Mediated Settlement Agreement and a Stipulated Final Judgment to be drafted incorporating the same terms and conditions as the Mediated Settlement Agreement in the amount of $1,565,000 as full and final compensation inclusive of all attorney's fees, expert witness fees and costs for the acquisition of Parcel 119 in the lawsuit styled Collier County v. David Laurence Mental Health Center, Inc., et al., Case No. 06- 0567 -CA (Santa Barbara Boulevard Project No. 62081). CONSIDERATIONS: The County acquired the subject property by entry of an Cyder of Taking on August 4, 2006 and by depositing the amount of $701,700 into the court registry on August 24, 2006. The County and Respondent have negotiated a settlement of $1,565.000 for full compensation including attorno3 s fees, expert witness fees and costs. If the settlement is approved. the Count) ° is responsible for the following costs: • Additional Deposit Usbursement Amount: $ 863,300.00 • Expert Fees: $ Included • Clerk's Service fee: $ 150.00 • Attorney's Fees: $ Included TOTAL: $ 863,450.00 The Mediated Settlement Agreement is conditioned upon the following: • the new southerly driveway connection shall be constructed by the County to include a 48- foot wide throat; and • the County will construct a right turn-out approximately 60 feet north of the centerline of the existing driveway, provided Respondent makes site modifications recommended by the Transportation Department. After construction, this driveway opening may be closed by the County at a future date based on safety, operational circulation or roadway capacity. Attached is the Mediated Settlement Agreement. FISCAL IMPACT: Funds in the amount of $863,450 are available in the FY 2007 adopted budget. Source of funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners: approve the Mediated Settlement Agreement; 2. approve the Stipulated Final Judgment which incorporates the terms and conditions of the Mediated Settlement Agreement to be presented to the Court for entry; 3. approve the expenditure of funds as stated; 4. direct staff to deposit the sum of 5863,300.00 into the registry of the court; and 5. direct staff to make disbursement of the funds. PREPARED BY: Heidi F. Ashton. Assistant Counn Attornev. Office of the County Anomev COLLIER COUNTY aoAFr. or ;;pm:Tr cJMMi55IOwees Item Number: Item Summary: Rec "^m ?rdavOry l; "D,, dem tea 11 rodILa JUd4n16'lt to be GreFlee Inro;poranno tI,,Same Te�mS aa-Contlmonc gs lie Medletedl S,ot ..pre men, L'.kmoun ],OC lit he 2 u611 .czl 1141n ma Il I' Sfrled C.111 unty v -el.] I, rani" Ne neam Coe1e I c, e'. a_ case Nc 0 C 6] 4 fSal tO 2arbac boule ant Wine, No - 0C11 (FSCaI rt _ - 534501 Meefib, Bete: 4,',4/200' 9 OD DO SM Prepared By HI.d. F. Ashton A5s5L7n1 County Attorney Cate County Attorney Clurd, Attomay Of6oe 3/P20072014 PM Approved By Nurm E Feaer uCP Tranepvlzooln D,,,son Admmistranor fete .uortation Services Tra n50o rtation Services Admen_ 3;27 20G7 4'. 06 PM Approved By Stare, Neuman Acooun mH Supervisor pate Tfansnortetmo Sero¢ns i„ _v �. _ es Hamm OIdJLGO' S:1. PM Apprm<d B. .._ .. Approed HT App ruvcJ 6. Approved 11, 4LCmei Approved 13v DMB COOm...t., Adaums¢anve rsr tan, Dote �cmrty Waoaa.YS O'•.z :Ngco of tAana9omen; &6ugP °f 4;r2l2D0- .Approved By Nuaheol Svlllo —: �., __ i�nt & &mpc �Ire,.mr pile 1V r1 lfoe It "Ir _nI a HOrtoe( Approved Be — olIay.ntnm _..un1y -rears, per Dore ewnq'rmunagers orbde 4n4i2ao-_52 AM Approved 11, Susan Usher 6_n.or n<anauemonuBUUya: Anxprst ,,._ SM.n <..Rf �, rs. ._n:L BUOget I'll o:S4 kM1'. 7 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIR UI THE STATE OF FLORIDA, IN AND FOR COLLIER COUNTY, P l CASE NO. 06 -0567- CA COLLIER COUNTY, etc., Petitioner, V. PARCEL 119 DAVID LAWRENCE MENTAL HEALTH CENTER, INC., et al. Defendants. STIPULATION OF THE PARTIES Pursuant to the Mediation Conference held on the 23rd day of March 2007, the parties have agreed to abide by the following: Petitioner COLLIER COUNTY shall pay the Defendant. NAPLES CHRISTIAN ACADEMY ASSOCIATON INC for the taking of Parcel 119, the aogreoate sum of S / SoOr O° less any sums heretofore paid. � SSA f 7Q pal 3. The parties shall enter into a Stipulated Final Judgment reflecting the terms of this Stipulation. 4. Pursuant to Florida Statute 44.102 (3) the parties agree to keep the terms of this Stipulation confidential. LRt✓Lu-k N 'iQ�fl�B iizIT: Nd `,2D THIS STIPULATION BECOMES BINDING EXECUTION AND THAT OF THEIR COUNSEL BOARD OF COUNTY COMMISSIONERS_ �1� 4, , i J,\--- i �In F. A.SHTON, ESQUIRE Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 Attorney for Petitioner 238 - 717418400 BELLY. PATEL, ESQUIRE Law O ice Of Bella Y. Patel P.A. 10326 Waterford Run Drive Attorney for Defendant 813 - 643 -2762 JAM A.HELINGEF 814 C estnut Street Clea ater, Florida: FBN: 00145200 CERTIFICATION NO. 12262 R UPON THE PARTIES BY THEIR AND THE APPROVAL OF THE NAPLEP CHRISTIAN ACADEMY ASSO IATION C. By DE ENDANT PRINT NAME DEFENDANT PRINT NAME Page „1 of ashton_h From: MessamMarlene Sent: Tuesday, March 27, 2007 9:32 AM To: ashton_h Cc: hendricks_k; Feder-N; putaansuu_g Subject: Santa Barbara Blvd. - Naples Christian Academy Mediation Attachments: Naples Christian Academy-Norman Feder's Comments.pdf Dear Heidi, I spoke with Mr. Feder this morning concerning the requested right out access for the Naples Christian Academy. Mr. Feder had some concerns with their internal circulation as shown on their site plan. As shown it appears that stacking in the right turn lane will be unavoidable as if incoming vehicles are blocked by those exiting. The right turn lane staking may eventually spill out into the through lanes on Santa Barbara. Mr. Feder made it clear that the County will reserve the right to close this right -out access location if it becomes an operational problem for the roadway. Attached please find their site plan along with some comments that I wrote down based on my discussions with Mr. Feder. In order to provide the right out access, some modifications to circulation geometry are suggested. Consider providing a "pork chop" island at the south driveway ingress/egress and Increasing the curve radius for the exiting northbound traffic lane (as shown on the attached) Marlene Messam, P.E. Senior Project Manager Collier County TcC/M Ph, 239.659.5773 (direct) Ph. Z39 774 9192 (mein) Cetl # 239 580 3595 (Cell) Me.rsamMorleneLOcolltergoctne t 3/27/2007 T11:1 r I F-4 SANTA BARBARA BLVD. 4k- k -rteu 7 1 .. - LL a 71 h dh� ,=pens, Item t , i44 April ^ ';i07 1 of 13 EXECUTIVE SUMMARY Immokalee Redevelopment Advisory Board recommendation to the Collier County Community Redevelopment Agency (CRA) to consider approval of job descriptions and referral to the Board of County Commissioners (Board) the recommended fiscal year 2007 -2008 budget request related to the establishment of a new office in Immokalee to conduct CRA and Enterprise Zone Development Agency functions and duties OBJECTIVE: Collier County Community Redevelopment Agency (CRA) approval of the Immokalee Redevelopment Area Advisory Board's (CRA Advisory Board) recommended attached job descriptions and referral of the recommended fiscal year 2007 -2008 budget to the Board of County Commissioners for its consideration. The job descriptions and the recommended budget are implementing steps to the establishment of a newly staffed CRA and Enterprise Zone Development Agency (EZDA) office in Immokalee to better cant' out the CRA and EZDA functions and duties in carrving out its advisory roles to the CRA and the Board of'County Commissioners (the Board). CONSIDERATIONS: On January 23, 2007, the CRA and the Board voted unanimously to support the unanimous recommendation of the CRA Advisory Board /EZDA to establish a staffed office in Immokalee, effective October 1, 2007, with the adoption of the Fiscal Year 2007 -2008 budget. Joint Office of CRA /EZDA. EDC and Inmiokalee Area Chamber of Commerce Subsequent to January 23 CRA and Board meeting, the Budget Committee of the CRA Advisory Board met with representative of the Economic Development Council of Collier Comity (EDC) and the Immokalee Area Chamber of Commerce (the Chamber). It is intended that CRA/EZDA. EDC and Chamber functions related to the development and redevelopment of Immokalee and Eastern Collier County will be housed in a commonly shared office as follows: • CRA/EZDA.....2 staff (Executive Director, Operations Analyst, and Administrative Assistant) • EDC ..............1 staff' • Chamber ......... I staff It is believed that such a close physical presence will facilitate communication of all three entities, all of which have similar goals. Job Descriptions. The three job descriptions (Executive Director, Operations Analyst, and Administrative Assistant) are attached, subject to final approval by Collier County Human Resources. It is proposed to limit CRA/EZDA hiring during FY 2007 -2008 to the Executive Director and Administrative Assistant positions. However, approval of all three job descriptions is being sought at this time for convenience purposes. On March 21, and through subsequent email polling of the CRA Advisory Board /EZDA members, the CRA Advisory Board recommended approval of these three positions, subject to the approval of the Human Resources Department. Recommended FY 2007 -2008 Budget The attached recommended budget was developed in conjunction with the Budget Committee of the CRA Advisory Board, the Economic Development Council of Collier County, the Immokalee Area Chamber of Commerce, and the Collier County Management and Budget Office. Some of the costs in this initial budget request from the CPA Advisory Board contain one time costs related to the establishment of the office such as equipment and furnishings. Some of the costs related to the office space will be shared based upon the respective proportionate share of the office space occupied by the CRA/EZDA function, the EDC function, and the Chamber function. Exact details on this cost sharing are yet to be worked out as well as the establishment of the location of the office space, although several members of the CRA Advisory Board are actively engaged in this pursuit. FISCAL IMPACT: Eliminating the current $85,700 salary support transfer to Fund (I 11) and adjusting contractual and capital program allocations is reflected in the attached proposed FY 2007 -2008 Budget for the Immokalee Redevelopment Area. It should be noted that sufficient reserves exist in FY 2007 -2008 to support the office operations without adjusting the capital program. Going forward, office operations in Immokalec would become part of the normal budget process. GROWTH MANAGEMENT IMPACT: Policy 4.7 ofthe Future Land Use Element of the r•- )wth Management Plan states that redevelopmeni plans may be dev eloped for spc, ifi. _rc;':, within the County. LEGAI CONSIDERATIONS: The recommended action is consistent with all applicable constitutional and general law. and complies with adopted CRA and County regulations, and thus. is legally sufficient for the Board's consideration and approval. RECOMMENDATION: Should the Collier County Community Redevelopment Agency (CRA) decide to issue a favorable recommendation to approve these three job descriptions and report the proposed FY 2007 -2008 Budget to the Board of County Commissioners, additional steps will be taken with appropriate approvals to establish the Immokalee Office of the CRA /EZDA all in cooperation with the EDC and the Immokalee Chamber of Commerce. Prepared By: Thomas Greenwood, AICP, Principal Planner, Comprehensive Planning I r 9'J_ COLLIER COUNTF EOd RD Of COtI I: T' ?CGMId Id5101JEf;? Item Number: .,. Item Summary: 'I .,nenca ,Ce, bn rukai 1 10nmc tee._ 1r ,r1. nenon to :11 DIrntlnt, ke - r,rnent kgsl 1 r r< t consae .](pr ,. o' tot uescrptons and rile ilotreOdd,o y :,orn,rdsiore, ine r=COmmenaed 85081 vear ?00% -200A nudge: request related to me esaollennleni of a if,, Off il nmokaies tc Cabduq ORA and Enlerd,e Zr _ Development ,ge, norloof, and fillies Meeting Date: 41242006'.00.00 AM prepared Be TM1Omas Greenwood Principal Planner Date _ amuni[y Dev_iopment5 _ C.franebenalvo Plann., 312&2f107 12:43:52 PM Approved 11y Marlene Stewart �xecutive Secretary pace . ..unity Devn opmenl& a.unity Developmem& z vir rrrr,r al 5ervlce5 Eriv mnmenial 5ervlees Admm. 4 512007 2.01 PM Approved By v3_.a.u¢nnlsttto , Dili .men n. �o e. om_i, A pp ..reed 11, Apprured B� Approved It, _....ur t A vn 'r, Room az._ t1 f nor, .. I Clfp<o :.2y ON Approved By eommin�ty Dvl ;.11ent s e .I OSean Y . $rFmin ,a e �.vironmen.a. ,e. trees sdminamtor .,annnlmry DmvovPmen:& _, 1. -� �.,etopmrm& Ell--111,1: nr _. taiS— cv,AOmin. 4'0'200- 2:09Pro Approved Bc OMB GOOMIna[Or Admmiseelive ASela[enl Date rent, Man s Offltt. plryce of lreanaoement 68lagel 4112'2001':}. AK Approved By Mary In.ckeon .:udHet A vet pall C ry Wana9eY, OH¢e O:bce - 411? (20e' L.20 AM App rm ed Be OLriiar mr,r. k =.. Manager cm&5utya..a aaa. ume ..ounrt tllnneoar's pf(ieu C >fllce of 51a1epan.ant59uaoet »;1]120091[: 55 Arl Approved I11' E—rn d! ,.0-1, Mri3aaeY501M1Ce 4112200; ii 16 AM -?'vii. ='a0 Code: COLLIER COUNTY, FLORIDA CRA/EZDA CLASSIFICATION SPECIFICATION Note: Draft, subject to review and approval by Hunran Resources CLASSIFICATION TITLE: CRA/EZDA EXECUTIVE DIRECTOR PURPOSE OF CLASSIFICATION 'fhe purpose of this classification is to perform highly complex managerial and administrative work by providing direction and oversight of daily operations and implementation of the Immokalee Community Redevelopment Plan. and implementation of the Strategic Plan for the Immokalee Enterprise Zone. Reports directly to the Collier County Communiry Redevelopment Agency (CRA) and the Collier County Board of County Commissioners (BCC). Work involves directing all activities. programs and projects as well as assisting the CRA and the CRA Local UN isory Board (CRA Advisory Board) with the long range planning. organization and direction of the CRA: ducctim_ all CRA employees. consultants and contractors: managing Special projects. and making final decisions regarding emplovee terminations and disciplinary actions. This classification also involves all of the above direction. oversight. etc. related to the tmmokalee Enterprise Zone. with the Enterprise Zone Strategic Plan heine pan of the tmmokalee Community Redevelopment Area Plan. Reports directly m the Intmokalec Enterprise Zone Development Agency (EZDA). an advisor Board to the BCC and to the BCC llnvrescr. the final sign off ofall Enterprise Zone incentives and preparation of the required Enterprise Zone Annual Report twill be earned out through an employee of the BCC who is presently housed in the Comprehensive Planning Department SALARY RANGE: SXXXXXXXXXX annually DOQ ESSENTIAL FUNCTIONS The follom in-, duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties mad be required and assigned. Develops andior implements broad CRA and EZDA plans. goals and objectives. performance measures and other strategic business functions in consultation with the counsel and direction given by the CRA Advisory Board and the EZDA. Confers with the Comity Manager regarding CRA and EZDA activities that invoke County employees or Divisions.. and other issues pertaining to the operation of County government. Directs the daily operations of the CRA and the EZDA by providing, guidance and direction to subordinates. Ensures programs. services and systems support the CRA and County missions. Beeps County Manager apprised of issues regarding the CRA and EZDA daily operations. All under the direction and guidance of the CRA Advisory Board and EZDA, directs the development. presentation and administration of the CRA budgeC oversees the forecast of funding needed for staffing, equipment materials and supplies; monitors revalues and expenditures. authorizes mid -year corrections; reviews CRA budget amendment requests; discusses budget issues and developments with the CRA Adeisop, Board and EZDA and ensures budget amendments arc appropriate. documented and support the CRA and EZDA goals and objectives. Issues final rulings regarding all employee terminations and disciplinary actions. Conducts disciplinary 'tennination hearmas: ensures all parties are given fair and equitable opportunities to present information; interprets and explains applicable policies and procedures; determines appropriate action; and issues ruling. Ensures human resources actions comply with state, federal and local regulations, and support CRA/County goals and objectives. Supervises CRA/EZDA clerical staff and Project Managers. Performs administrative duties associated with supervising staff, to include hiring, assigning work, providing guidance and direction, evaluating performance, and taking disciplinary action as necessary. Coordinates and manages all CRAT ZDA projects within the Immokalee Community Redevelopment Area and the Enterprise Zone through and with the Enterprise Zone Coordinator, an employee of the BCC. Identifies resources and staff needed to complete projects; develops project plans and schedules; directs committees, task forces and other parties assigned to special projects; provides status reports; study findings and recommendations: and oversees implementation of approved plans and initiatives. Represents the CRA and EZDA to local businesses, community organizations, citizen groups, and the general public. Responds to inquiries and/or complaints from the general public that cannot be resolved by subordinate managers. Operates a personal computer. telephones, copiers and other general office equipment as necessary to complete essential functions.. to include the use of word processing, spreadsheet. database. or other system sothvare. ADDITIONAL FUNCTIONS Performs other related duties as required. MINIMUM QUALIFICATIONS Master's degree in business, public administration or a closely related field preferred but not required; seven to ten years of progressively responsible experience managing CRAB or Tax Increment Financing Districts or municipal departments. programs and operations; or any combination of equivalent education, training, and experience which provides the requisite knowledge, skills, and abilities for this job may be substituted for education. Must possess and maintain a valid Florida driver's license. PERFORMANCE APTITUDES Data Utilization: Requires the ability to synthesize and integrate data for predicting, anticipating, and planning for future events impacting the organization. Includes determining strategic and tactical decisions at the highest organizational levels of authority and responsibility. Human Interaction: Requires the ability to function in a director capacity for a major organizational unit requiring significant internal and external interaction. Equipment, Machinery Tools and Materials Utilization: Requires the ability to operate, maneuver and/or control the actions of equipment, machinery, tools, and /or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize consulting and advisory data and information. as well as reference, descriptive and /or design data and information as applicable. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication and division: ability to calculate decimals and percentages; may include ability to perform mathematical operations involving basic algebraic principles and fornmlas.. and basic geometric principles and calculations. Functional Reasoning. Requires the ability to apply principles of logical or scientific thinking to implement both intellectual and practical relationships. Involves responsibility for consideration and analysis of complex organizational problems of major functions. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in critical and /or unexpected situations involving moderate risk to the organization. Leadership: Requires the ability to provide effective leadership at all levels of the organization and coordinate the activities of the County organization in an effective manner. Customer Service: Requires the ability to respond to the most difficult and sensitive complaints and requests for information in an effective. efficient and professional manner. Financial Accountabilitv: Requires the ability to prepare and submit accurate and timely periodic reports of financial activities which keep the Board advised of financial conditions, program progress and present and future financial needs of the County. ADA COMPLIANCE Phvsical Abiliti: Tasks require the abilit* to exert light physical effon in sedentary to lip *ht woti:. but sOnch mac invoke sonic lifting_ carp ing. pushing and -or pulling of objects and materials of light weight (5 -10 pounds). Tasks tnav involve extended period, of time at a kccboard or cork station. Sensory Requirements: Some tasks require the a6ihm to perceive and discriminate sounds and visual cues or siunals, Some tads require the abihis to convnunicate orali.y . i nvironmental Factors: Fsscntial fimctious are regularly performed sznhout exposure to adycrse environmental conditions. Collier Cowin CRt is an Equal Opportunity Enplgrer. In compliance n ith the 3rnericau.s with Disabilities Act, the CR4'C0a12n will povide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current emplovees to discuss potential accommodations with tide eniplorer. y'drluu 119,^,1 NC. `/,�vim. _y. Class Code: 90006 Pay Grade: 15 COLLIER COUNTY, FLORIDA CRA/EZDA CLASSIFICATION SPECIFICATION Note: Draft, subject to review and approval by Human Resources CLASSIFICATION TITLE: CRA /EZDA ADMINISTRATIVE ASSISTANT PURPOSE OF CLASSIFICATION The purpose of this classification is to provide responsible administrative and clerical support for an assigned department. Work involves preparing and processing varied administrative documents such as payroll, budget, purchasing. etc.; preparing a variety of operational documents, forms, reports, records and summaries; entering data and retrieving information from department databases; and maintaining automated and manual files. ESSENTIAL FUNCTIONS The following duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the work is similar, related, or a logical assignment for this classification. Other duties mac he required and assigned. Performs a eariep of administrative duties for the department to include preparing and or processing budget. purchasing. payroll and accounting documents. Coordinates the preparation of budget development documents: tracts expenditures and revenues; and prepares budget amendments. Records and deposits monies received by the department. Prepares and/or reviews procurement documents to include bid specifications, invoices; contracts, etc. Supervises and /or per -forms data entry for purchase orders. Reviews and approves invoices and processes for payment. Prepares payroll documents; prepares and/or audits time sheets; and submits documents to payroll staff. Establishes and maintains department personnel files. Prepares Information Technology (IT) forms to enable new department employees to have access to the County information systems. Serves as liaison between assigned department and Support Services departments, including Information Technology, Human Resources, Risk Management, and Purchasing. Reviews and/or prepares executive summaries, ordinances, resolutions, requests for legal services and other documents being presented to the County Manager and /or Board of County Commissioners (BOCC). Prepares operational and Pro-gram reports, correspondence, and other materials for the department manager upon request. Enters data into department databases, to include information from administrative functions and from operational /program activities. Reviews and summaries a variety of fiscal, statistical and administrative information. Prepares statistical summaries and narrative reports. Establishes and maintains automated and manual records and files. Provides assistance and information to internal and external callers and visitors regarding the department, its programs and services and the administrative support functions. Refers callers /visitors to appropriate staff as needed. Performs special projects as assigned. © DMG- MAXIMUS, INC. Page 1 Last Revised: August, 2004 enc� Item No. ' ?(iG7 a c ' Collier Count•, Florida • Administrative Assistant 90006 Orders office supplies; makes travel arrangements and reservations; and maintains calendars for management staff or conference rooms. Operates a personal computer, telephones, copiers and other general office equipment as necessary to complete essential functions, to include the use of word processing, spreadsheet. database, or other system software. ADDITIONAL FUNCTIONS Performs other related duties as required. In the event of a declared state of emergency, employees in this classification may be called to work during days or hours other than those for which they are regularly scheduled. MINIMUM QUALIFICATIONS High school diploma or GED: with additional coursework in business. accounting or secretarial sciences; supplemented by two vears of progressively responsible experience perfomring clerical work: or any equivalent combination of education. training. and experience which provides the requisite knowledge. skills. and abilities for this job. Fingerprinting may be required. Must possess and maintain a valid Florida drivers license. PERFORMANCE APTITUDES Data Utilization: Requires the ability to reyiesv. classify. categorize. prioritize. and or analcze data. Includes exercismc discretion in determining data classification_ and in referencing such analysis to established standards f' or the purpose of recognizing actual orprobable interactive effects and relationships. Human Interaction: Requires the ability to provide guidance. assistance. and or interpretation to others regarding the application of procedures and standards to specific situations. Equipment Machinery Tools. and Materials Utilization: Requires the ability to operate. maneuver and %or control The actions of equipment, machmen, tools, and or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide vaneq of reference. descriptive, andior advisory data and information. Mathematical Aptitude: Requires the ability to perform addition. subtraction. multiplication, and division: the ability to calculate decimals and percentages; the ability to utilize principles of fractions; and the ability to interpret graphs. Functional Reasonin_: Requires the ability to apply principles of rational systems: to interpret instructions furnished in written, oral, diagrammatic, or schedule form; and to exercise independent judgment to adopt or modify methods and standards to meet variations in assi =red objectives. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving evaluation of information against measurable or verifiable criteria. Leadership: Requires ability to assist the Director and Project Manager, in a cooperative relationship with other entities. in the implementation of directives given by the Immokalee Redevelopment Area Advisory Board and the Enterprise Zone Development Agenev. Customer Service. Requires excellent customer service skills. both within as well as outside of the department in order to effectively carry out directives given. Financial Accountability: Requires responsibility for all fiscal activities related to funds. projects, and budget. © DMG- MAXIMUS, INC. Page 2 Last Revised: August, 2004 ,GBnGa item f o, 14A P,Pni 24 P a a e 4 Collier County, Florida • Administrative Assistant 90006 ADA COMPLIANCE Phvsical Ability: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting carrying, pushing and /or pulling of objects and materials of light weight (5 -10 pounds). Tasks may involve extended periods of time at a keyboard or work station. Sensory Requirements: Some tasks require the ability to perceive and discriminate sounds and visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental conditions. Collier County is an Equal Opportunln, Employer. In complimace with the Americanv xith Disabilities Act, the County rill provide rcasonablC accommodations to qualified individual., with di,sabilitiev and encourages both In ospcetive and current employ CC to Cliven,S potential accotmnodati(1n.r v ith the emploi cr. ) DMG- MAXIMUS, INC. Page 3 Last Revised: August, 2004 nca !t =rr Iv ,. o_ Class Code: 91004 Pay Grade: 19 COLLIER COUNTY, FLORDIA CLASSIFICATION SPECIFICATION CLASSIFICATION TITLE: OPERATIONS ANALYST PURPOSE OF CLASSIFICATION The purpose of this classification is to coordinate special projects and conduct research and analysis of various departmental functions and operations. Pork at this level is of a responsible. technical or professional level relative to a supporting role in the management of a division. department, or operation. but without supervisory or managerial responsibilities. All authority and autonomy inherent in this classification is at the discretion of and delegated by a Department Director or Division Administrator. ESSENTIAL FUNCTIONS T'he follomving duties are normal for this position. The omission of specific statements of the duties does not exclude them from the classification if the tca-k is similar, related, m a logical assignment for this classification. Other duties may be required and assigned. Conducts operational and lei,al research. productivip analyses and mana«ement studies to assist in the management of departmental operations. programs. and sere ices: compiles and of monitors various administative. legal and statistical data pe:-taining to divisional operations: rescarhes information penincnt to task or project: analyzes data and identifies trends: prepares or generates reports: prepares lei *al documents and agreements: makes recommendations for chances in policies and procedures to improve operations. provide more responsive service, and or optimize the use of resources: and develops recommendations for changes in departmental policies and procedures: and provides technical assistance and information to management to aide decision making. Performs financial reviews and analyses for the department: compiles and evaluates operational data and cost histories; monitors and reviews billing activities, expenditures. and financial reports; conducts detailed cost analysis; makes recommendations to improve cost and operational effectiveness; and participates in budget development. Coordinates special projects for the department, including the planning.. design, implementation, and evaluation of moderate construction maintenance projects, management studies, introduction of new programs. and various professional services: assists in defining the scope of the project: identifies and recommends proper allocation of financial, material, and human resources committed to the project: formulates solutions and resolves problems; facilitates implementation of the project; and provides administrative support to the project as needed. Work at this level is usually relegated to coordination of the department's participation in major, county -wide projects, and serves in a secondary or subordinate role to the designated construction manager for large capital improvement projects. Oversees professional contractors and %or consultants providing services for projects: participates in the evaluation and selection of contractors /consultants; interfaces with and monitors the contractors consultants to ensure timely and quality completion of project: facilitates cooperation with the project throughout the organization; and provides information and support as needed. Assists the department managers with strategic and long -range planning for departmental operations: participates in planning efforts at the local and regional Icvel: keeps Director apprised of developments at the state and federal level hat impact the department: monitors pending legislation for impact on operations; oversee compliance with new legislation. Administers grants for various state and federally funded programs: compiles and submits grant applications: researches funding sources and program opportunities; assists departments with grant activities; monitors and ensures compliance with all requirements for awarded grants. © DMG- MAXIMUS, INC. Page 1 Last Revised: October, 2001 April 24 20(1' aoe 11 of ' Collier County. Florida • Operations Analyst 91004 Responds to complaints and questions related to county or department operations, activities, or other issues: responds to county manager and/or board of county commissioners inquiries or complaints as requested, provides information, researches problems, and initiates problem resolution; and works with supervisors and managers to ensure effective communication, coordination and cooperation across units. Represents the administrator, directors and department at various meetings, functions, and events: serves as a liaison to various civic or governmental organizations and committees, taskforces, boards, and commissions; confers regularly with officials from the state, authorities, and commissions; provides information about departmental operations; participates in discussions and decisions; and keeps the director apprised of activities. ADDITIONAL FUNCTIONS Performs other related duties as required. In the event of a declared state of emergency, employees in this classification may be called to work during days or hours other than those for which they are regularly scheduled. MINIMUM QUALIFICATIONS Bachelor's decree in PublictBusiness Administration. operations research, a field related to assigned operation, of equivalent technical experience and certification; supplemented by three vears of experience in area of assimmment or any equivalent combination of education. training. and experience which provides the requisite knovledge. skills, and abilities for this job. Understands governmental laws. regulations and policies. May be required to possess and maintain a valid Florida drivers license and or applicable technical certification. Fingerprinting may be required. The hiring of reclassification of employees into this classification is subject to review by the Director— IT PERFORMANCE APTITUDES Data Utilization: Requires the ability to evaluate, audit, deduce, and /or assess data using established criteria. Includes exercising discretion in determining actual or probable consequences and in referencing such evaluation to identify and select alternatives. Human Interaction: Requires the ability to apply principles of persuasion and %or influence over others in coordinating activities of a project, program, of designated area of responsibility. Equipment. Machinerv. Tools. and Materials Utilization: Requires the ability to operate, maneuver andior control the actions of equipment, machinery, tools, and /or materials used in performing essential functions. Verbal Aptitude: Requires the ability to utilize a wide variety of reference, descriptive, advisory and/or design data and information. Mathematical Aptitude: Requires the ability to perform addition, subtraction, multiplication, and division; the ability to calculate decimals and percentages; the ability to utilize principles of fractions: and the ability to interpret graphs. Functional Reasoning: Requires the ability to apply principles of rational systems, to interpret instructions famished in written, oral, diagrammatic, or schedule form; and to exercise independent judgment to adopt or modify methods and standards to meet variations in assigned objectives. Situational Reasoning: Requires the ability to exercise judgment, decisiveness and creativity in situations involving evaluation of information against measurable or verifiable criteria. © DMG- MAXIMUS, INC. Page 2 last Revised: October, 2001 b,-jtnd2 ',em N, ii = sPti' =4 2DS7 2ZIe 01 Collier Counti Florida • Operations Analyst 91004 Leadership: Requires demonstrated ability to guide the division business plan. represents the administrator, directors and department at various meetings; serves as a liaison to various committees, confers with the commissioners and managers office regularly; provides information about departmental operations, procedures and policies; and assist in staff training or mentoring as the situation may dictate. Customer Service: Requires the ability to recognize and promote support for internal and external customer needs; exercise judgment to resolve problems, issues and questions that arise; demonstrates an ability to be flexible and sensitive within govemmental policies and procedures to internal and external customer needs and concerns. Financial Accountability: Requires the ability to analysis various operational data: makes recommendations to improve cost and operational effectiveness; and participates in budget development when necessary. ADA COMPLIANCE Physical Ability: Tasks require the ability to exert li�,Iht physical effort in sedentary to light work, but which may involve some lifting. earn=ing. pushing andtor pulling of objects and materials of light weight (5 -10 pounds). Masks may involve extended periods of time at a keyboard or workstation. Sensory Reouirements: Some tasks require the abilip to perceive and discriminate sounds. visual cues or signals. Some tasks require the ability to communicate orally. Environmental Factors Essential functions are regulary performed v:ithout csposure to adverse em,ironmental conditions. howeversome field cork with exposure to minor environment conditionS may be a function of assignment. Collier Cowin is on Equal Oppornmin Emplos er. br compliance With the Americans n ith Disahilitics Act. the Comm x•dl provide reasonahle accommodations to qualified indii idual� mth disahiiirics and cncocoragea hoilt prospective and current emploreav to discays potential accnnmtodatiom rrith the cntploter. © DMG- MAXIMUS. INC. Page 3 Last Revised: October, 2001 "men 1a I;am No, ' - FUND: IMMOKALEE RF\ El_OPMEiNT (186) FY 05/06 FY 06/07 FY 06/07 FY 07/08 FY 07/08 FY 07/08 % Actual Adopted Forecast Current Expanded Total Budget Appropriation Unit Exp:/Rev Budget Exp /Rev Service Service Budget Change Personal Services 0 0 0 180,000 0 180,000 N/A Operating Expenses 61,367 301,800 307.300 357,000 0 357,000 18.3"/" Capital Outlav 0 400.000 0 318,000 0 318.000 - 20.50, Reserves 0 923.900 0 1.437,900 0 1,437,900 55.6'S6 Transfer (I 11) 85.700 85.700 85.700 0 0 0 - 100.0°% Total Appropriations 147.067 1.711.400 393,000 2,292900 0 °?92.900 34,0"0 Revenue: Transf. Gen. Fund (001) "Eransf. 406.700 655 900 655.900 710,800 0 710,800 8.4 "h MSTD Gen. Fund (II1) 84.700 147,900 147.900 160.200 0 160.200 Interest 33.870 4,500 34.500 4.500 0 4.500 0.01�il Carry forward 194_100 903300 972.300 1,417.600 0 1,417.600 56.9 0i6 Special Reimbursement 0 0 0 0 0 Revenue Reserve 0 (200) 0 (200) 0 0 (200) NiA 0.0 % Total Revenue 1.119,370 1,711,400 1,810,600 2,292.900 0 2.292.900 34.0% =.enda Item Nc 114B A_oril 24, 2067 Page 1 of 4 EXECUTIVE SUMMARY Immokalee Master Plan and Visioning Committee and Local Redevelopment Advisory Board request to the Collier County Redevelopment Agency to approve and forward to the Board of County Commissioners a request to cease enforcing certain zoning provisions in Immokalee for eighteen months or until the approval of the new master plan and land development codes, whichever comes first. (A companion item to 1 OB to be heard before I OB is discussed) OBJECTIVE: The purpose of this report is to request the Community Redevelopment Agency consider a recommendation of the Immokalee Local Redevelopment Advisory Board to have the Board of County Commissioners authorize an eighteen month relaxation of enforcement of the Collier County Land Development Code, outside of health and safety issues, in the Immokalce Urban Area, or until the approval of the new master plan and supporting land development code, or zoning overlay district, whichever comes first. CONSIDERATIONS: The attached March 21. . 2007. letter was submitted to the Board of County Commissioners by Fred N. Thomas, Jr. Chairman of the Immokalee Master Plan and Visioning Committee and Local Redevelopment Advisory Board, based upon action taken by these advisor }° boards during their March 21 regular meeting. Since late 2005 the Immuokalee Master Plan and Visioning Committee and Community Redevelopment Agency Advisory Board has been involved with the Immokalee Community and the planning consultant to update the Immokalee Area Master Plan and the Immokalee Overlay District of the Land Development Code. Progress has been made in this direction. However, according to members of the Immokalee Master Plan and Visioning Committee and the Local Redevelopment Advisory Board, recent attempts by local fumes to construct new buildings in Immokalee have been thwarted by the Land Development Code and its inappropriateness for use in Immokalee. FISCAL IMPACT: No fiscal impact has been identified. GROWTH MANAGEMENT IMPACT: Land Development Codes in Florida, adopted by local governmental agencies, must be consistent with the goals, objectives, and policies of the Growth Management Plan. Until the Growth Management Plan for the Immokalee Urban Area is amended, following the statutory protocol set forth in Chapter 163, Florida Statutes, the Land Development Code cannot be amended. It should be noted that proposed amendments will most likely be forthcoming for the Immokalee Area Master Plan, Future Land Use Element, Conservation and Coastal Management Element, and other affected elements. Subsequent to amendment of the Growth Management Plan, the Board of County Commissioners will consider amendments to the Land Development Code. With respect to the request for suspension of the enforcement of the Land Development Code, said request is contrary to the amendment parameters set forth in the GI "I; Florida Statutes, Florida Administrative Code, Growth Management Plan and Land Development Code. LEGAL CONSIDERATIONS: Until such time that the Growth Management Plan is amended in conformance with Florida Statutes and the Florida Administrative Code, there is not a legal basis for the Board of County Commissioners to relax the enforcement of the Land Development Code in the Immokalee Urban Area or elsewhere in Collier County. RECOMMENDATION: Staff recommends that this recommendation of the Immokalee Local Redevelopment Advisory Board to ease enforcement of certain zoning to be forwarded to the Board of County Commissioners for consideration. Prepared By: Thomas Greenwood, AICP, Principal Planner, Comprehensive Planning Prepared IM .,� I ,. COLLIER COUNTY Principal Pl.rrer t JAR[ Or _^.J11 "T5 COMMIE o1015BPr Item Number: '1 Item Summary: 11 t.. n be read o_ IF abut 1' 00 a f Immp <aree Master Plan and vlsonmg ComPmbensive Ptannmp Committee and Local ReoevelopmenLAdvrsory Board request to toe Co:iie' County Approved 13y '— eve:Opme "I hyeney t0 approve 5,,d tonvard to Ire 50am Of COOnIy COmmLSOae rR a FoQuesi M cease enfc,,e n, 1e1311 20nino provisn"s 1n mmaNalee tore gMtOfn MO,,, Or Comnmrrny Planning and uRtll the apvroval C( tde rtew ma ste; poo, and 13"0 develOpinenl COd., Iti1 telex 1Orne6 P.anoall J. Cahen first (A companion Item to 10G to be heard before 10G rs mscueoed) Meeting Date: 41242007 9 00.00AM Prepared IM T"amas G reonwoorl Principal Pl.rrer Df,. C m ma ano, D,,laopnt5 Environmental SONloeS ComPmbensive Ptannmp 4;12 2007 , 2F 07 PM Approved 13y Comnmrrny Planning and P.anoall J. Cahen Date Re6e1e1o11nenl Maraner .,o r.i nIry DCVelOpmente .pl 5ery .. Comvrcnenene Planninp J! 12'f017 2' n Pff Approved By n.r'J... n� .... .., 2 F '... :..1'. Approved 11, ,\pprrm ed It, Approved By _ .. , . I .a, Sn ..,, '-o c D.,a n', h'eviry Approved It, ... "munity Ueveroprmpt 8 Joseph Y,. G.,tm;" Servrans..annnc -entor Dere Gommam-) DevelapmmY, & _"'vlt DwaloOment S maf 5. .. rvor, Ill - :P113AM Apprtved It, OMBC.1don ,,r ArlminishsEVe Assistant Date G, orty Manaperb Oltice OGlom of Manzaornent a Budpet 4119.'20W 1:41 I'M .Approved By Mark isechs,, Budpet Anarysf i)ore Count} ManzaeYS Office 0`LCeol idanaoomen: S 3uayet 01]x2011-1 A' PM Approved By eame:. V. Mudd uaunty A1anoger Dm,' �oardo. _,tiny �cm nr:;SrOnm Za t, MonaBrfs C)ffine Ill,' 21,, March 21, 2007 Commissioner Coletta Chairman Board of County Commissioners Coliier County Naples. Florida Dear Commission_-- Coletta: On behaf of the community of lmmokalCe and as Cifair nan of the Master Plan and % "LSioai^£ cor—u-b tee, lregne5t that the county c..tslrie of health and,'afeCA Leas._ . cnf.:rcintz c-,-de and onm I E llla.'I 5 In In ll ol:alee fol v'k ei',' I .;l's or Linty hf 2;p �roval of the nsw ma-ster elan and suppo ing land development codes, whichever comes first. In light of the history of our community this makes sense and allows local people to properly maintain their property during this transitional period. The present codes and land use were first initiated in the early 70's. If the owner did not exceed a 51% of value improvement to the facilities on the property, they maintained their grandfather exemption. This is a major disincentive to upgrading facilities, especially if the upgrade will cost den -ity loss or loss of a specific use. Since the new master plan and the accompanying land development codes will reflect more of a central Florida character, which will allow us to more equally compete with our neighbors for new business and industry, many of the existing regulations will not apply and some of the existing grandfathering will be unnecessary. We, however. want the staff to continue their outstanding work on violations that are health and safety related. '7irith so many things happening around us over which we have no control, this relief will help our progressive businesses keep pace with our surrounding growth. We thank you in advance for your support. Sincrr:ar: Chaitrt:!� Ag=nr,a Item rdo. E;A1 April 24. 2K7 ,'age 1 of 6 EXECUTIVE SUMMARY Recommendation to adopt a resolution supporting a feasibility study for the proposed Heartland Parkway OBJECTIVE: Adoption of the attached Resolution supporting the feasibility study for the proposed Heartland Parkway. CONSIDERATIONS: The main line of the Heartland Parkway study corridor extends approximately 140 miles, from SR 82 east of Fort Myers to Interstate 4 in Central Florida, with a 12 -mile "spur" connecting to Polk Parkway near Lakeland. The main corridor would be located generally between U.S. 27 on the west and U.S. 17 on the east. Projects of this length are typically developed in useable segments, or phases. A logical first phase for the project would be a northern segment of the corridor, connecting SR 60 near Lakeland with Interstate 4. That segment would include the "spur" to Polk Parkway. By 2020, truck traffic in the state will double in volume and the number of tourists visiting Florida will increase by 50 percent. Florida's population is expected to grow from 18 million to 26 million by 2030, resulting in a large portion of the state highway system experiencing congestion beyond reasonable levels of service. New corridors are needed to help provide for the future movement of people, goods, and services throughout the state. The Heartland Parkway project could create a corridor suitable for interstate commerce through the South Central Rural Area of Critical Economic Concern and would also provide a safer inland evacuation alternative during emergencies. Florida's Turnpike Enterprise has completed preliminary studies to forecast traffic and revenue for the project and to estimate costs. Those studies indicated that revenues from tolls could support approximately 28 percent of the cost of a first - phase northern segment of the project and approximately 15 percent of the cost of the full - length corridor. The studies indicate that, while tolls can be part of an overall funding package for a Heartland Parkway project, it will also require other significant contributions. Those may include donated right -of -way, funding of some interchanges by private developers who would directly benefit from the access, and contributions from local governments. FDOT District One will advance a Project Development and Environment (PD &E) study to focus on the northern corridor segment as a possible first phase of the Heartland Parkway. The PD &E will refine engineering, environmental, and cost details to more comprehensively evaluate project feasibility. As project details are developed, continued coordination will be accomplished with all affected local governments, review and regulatory agencies, and private citizens, to measure and evaluate support for the project from all interested parties. 1 --:e n' 4 7 LEGAL CONSIDERATIONS: With respect to this Resolution, there is no legal consideration FISCAL IMPACT: There is no fiscal impact related to the approval of this Resolution. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution supporting the feasibility study for the proposed Heartland Parkway. Prepared by: Thomas Greenwood, AICP Principal Planner Comprehensive Planning Department 2 •199[9[• Project Description The main line of the Heartland Parkway study corridor extends approximately 140 miles, from SR 82 east of Fort Myers to Interstate 4 in Central Florida, with a 12 -mile "spur" connecting to Polk Parkway near Lakeland. The main corridor would be located generally between U.S. 27 on the west and U.S. 17 on the east. Projects of this length are typically developed in useable segments, or phases. A logical first phase for the project would be a northern segment of the corridor, connecting SR 60 near Lakeland with Interstate 4. That segment would include the "spur" to Polk Parkway. Transportation Benefit By 2020, truck traffic in the state will double in volume and the number of tourists visiting Florida will increase by 50 percent. Florida's population is expected to grow from 18 million to 26 million by 2030, resulting in a large portion of the state highway system experiencing congestion beyond reasonable levels of service. New corridors are needed to help provide for the future movement of people, goods, and services throughout the state. The Heartland Parkway project could create a corridor suitable for interstate commerce through the Heartland Rural Area of Critical Economic Concern and would also provide a safer inland evacuation alternative during emergencies. Local Support Coordination has been accomplished with local and state governments, elected and appointed officials, regional planning agencies, and business and civic groups in or near the corridor. Resolutions of support have been received from many of those entities. Current Status Florida's Turnpike Enterprise has completed preliminary studies to forecast traffic and revenue for the project and to estimate costs. Those studies indicated that revenues from tolls could support approximately 28 percent of the cost of a first -phase northern segment of the project and approximately 15 percent of the cost of the full - length corridor. The studies indicate that, while tolls can be part of an overall funding package for a Heartland Parkway project, it will also require other significant contributions. Those may include donated right -of -way, funding of some interchanges by private developers who would directly benefit from the access, and contributions from local governments. What Happens Next FDOT District One will advance a Project Development and Environment (PD &E) study to focus on the northern corridor segment as a possible first phase of the Heartland Parkway. The PD &E will refine engineering, environmental, and cost details to more comprehensively evaluate project feasibility. As project details are developed, continued coordination will be accomplished with all affected local governments, review and regulatory agencies, and private citizens, to measure and evaluate support for the project from all interested parties: Agenda Item No, 16A1 April 24. 200-' Pace 5 o G RESOLUTION NO 07- A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPPORTING A FEASIBILITY STUDY FOR THE PROPOSED HEARTLAND PARKWAY WHEREAS, Florida's increasing population and growing number of tourists are congesting the State of Florida's highway system, with forecasts for truck traffic in the state to double by the year 2020 and tourist visits to increase by fifty percent (50 %); and WHEREAS, the proposed Heartland Parkway would provide a new north - south corridor extending approximately 140 miles, from State Route 82 east of Fort Myers to Interstate 4 in Central Florida, with a 12 -mile "spur' connecting Polk Parkway near Lakeland as outlined on Exhibit 1; and WHEREAS, the proposed Heartland Parkway would support economic development and diversification of Florida's South Central Rural Area of Critical Economic Concern, of which the Immokalee Urban Area and Immokalee Enterprise Zone is a part: and WHEREAS, eastern Collier County is experiencing additional urban development within the Immokalee Urban Area and within the surrounding Rural Land Stewardship Area which will require additional regional transportation access to support growth, and WHEREAS, on March 21, 2007, the Immokalee Local Redevelopment Advisory Board and Enterprise Zone Development Agency voted unanimously to recommend to the Collier County Board of County Commissioners its support for the Heartland Parkway Initiative and continuation of feasibility studies for the proposed Heartland Parkway. NOW, THEREFORE, be it resolved by the Collier County Board of Commissioners that it supports the feasibility study for the proposed Heartland Parkway Initiative. THIS RESOLUTION ADOPTED this day of , 2007, after a Motion, seconded, and majority vote favoring same. ATTEST: DWIGHT E. BROCK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA ,Deputy Clerk Approved as to form and legal sufficiency: Marjorie M. Student - Stirling Assistant County Attorney By: JAMES N. COLETTA, CHAIRMAN COLLIER COUNT)' W 4F?D D CODI:T` JU:f. L;'. ESiONEPS Item Number: Item Summary: rc.-,A, r„ _.,o e ..r a L., ,.µ_�� o- u r p nee ��a.. t1d 7' I'll . Meeting Dale: ],;Al2J0 3 CC ?u AM Prepared By Thomas Greenwootl Princmel Planner Date Communlry 9a". prtrent% P29 ?60]L66'06 AM enlal Servmes Comprehensive Approved By Monona Stmvan Enecutivo Secretnp. Oate ..ommumry Developnrent8 _pmmunlry D— r- o111-1en:8 2:07 PM rota' S-11, r,rutl Ser.,— 4dmin Approved Bp Judy F'ur, J.at a00pc ._ DAIe amm 1, v Dr:elppmcn: A ...ammo t _._lr r ten: S _ PM . _ ... 1 _ ,. 1 Approved Iq APp rcn rd B. Approved I3r Apprnred Bc umt1 Dry p,lent8 _a t'e..... m,. nta Apprnred Bp fj 9 1 t t ZT r. oG... .,....� �- f, a1ar,� - - - E E jhget 41 2 Approved Ity n-n l"cl" n G1-1- potnnvv,� �.ee if_. \ppnry rd Bc _.,,o csV INUtld ..ot ntY It one Je w,e Aaen6a ! _^ h!o 16^2 2007 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Via Veneto Lots 30 and 33 Replat". OBJECTIVE: To approve for recording the final plat of "Via Veneto Lots 30 and 33 Replat", a subdivision of lands located in Section 30, Township 50 South, Range 26 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99- 199. CONSIDERATIONS: Engineering Review Staff has completed the review of the construction drawings, specifications, and final plat of "Via Veneto Lots 30 and 33 Replat". These 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 "Via Veneto Lots 30 and 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: $1040.00 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 minirnurn area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. iI @f�i 41D 2 LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the plat and associated legal documents for legal sufficiency. RECOMMENDATION: That the Board of County Commissioners approve the final plat of "Via Veneto Lots 30 and 33 Replat" for recording. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department r` a� N � C �d N Q C N a Q Ny F� aEw� E ,�yP 4& I' dl y W O Z u� 44 II� ilol w F a -T CL L rW VJ 3 Z O a U Q oI Le sg gz _ we%u.@viris% -_4_• € g e N F eW ads � § M OtlW'NYI94N110'J C�? � m 5 � Y J F w€ . K sE�C Ma F 9 i t I l ag a IL CL L rW VJ 3 Z O a U Q oI Le COLLIER COUNTY Item Number: — -- ItemSUmmary: re_ � .. .gal. oaroc. r uve% h .. s.,.F memavcn lc avolr_ .. Fr .IS ,. :cpot Meeting Date: 4 JL HM Prepared By Jotn HouldswOrtM1 SeniOf Enyineer Jate ., mmull:y 6 Eno nServmes X10:2007 9a0'SB AM ienta: 5ees " rcm Approved By TYmmas E. K,Al, 6. =. CnE'o 7rmineering. ¢es D,,or Gate �ommunl!y Pevaloument Y. Semicea 2 1]0I20C 10, -,3 _ � enlal Sorv¢es CUS Enpineennp Approrcd 11, Manonc Stewart _.uutve SacrctnrY bate Appro.'rd By Apprn.,�n n. Approved B, Apprn,ed If. ... L,' v Ell - :_aerrie !te:r tv? 643 EXECUTIVE SUMMARY Recommendation to grant final approval of the roadway (private) and drainage improvements for the final plat of "Castlewood at Imperial ". The roadway and drainage improvements will be privately maintained. OBJECTIVE: To grant final approval of the infrastructure improvements associated with that subdivision known as "Castlewood at Imperial" CONSIDERATIONS: 1. On July 20, 2004, the Board of County Commissioners granted preliminary acceptance of the roadway and drainage improvements in "Castlewood at Imperial ". 2. The roadway and drainage improvements will be maintained by the project's homeowners association. 3. The required improvements have been constructed in accordance with the Land Development Code. The Engineering Services Department has inspected the improvements and is recommending final acceptance of the improvements. 4. A resolution for final acceptance has been prepared and approved by the County Attorney's Office. A copy of the document is attached. 5. This Executive Summary has been reviewed and approved by the Transportation Services Division. FISCAL IMPACT: The roadway and drainage improvements will be maintained by the project's homeowners association. GROWTH MANAGEMENT IMPACT: There is no growth management impact. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed and approved the Resolution for legal sufficiency. RECOMMENDATION: That the Board of County Commissioners grant final acceptance of the roadway and drainage improvements in "Castlewood at Imperial" and release the maintenance security. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department -\ M 7 Q) G N ti C N m Q Z O w F r < w O G eM 9� 3e z� CL cQ L w VI Z F— Q U 0 J Q� K F- a 0 o. 0 i w J N V� ux ss3aaas �'" � amn swims • pp � = � � = H wws srrarrmrn 99 dp aY hd � a :sernmolxrsn : own rvwsasw) awn `_� m w F i °� p.„ mvuaxmvuroenn' � O U a End .re roa. n:l Ww fus i urn L� Y, "� AI aa �s �sa�n )nwl I Sw � I rim vol anrcoi 11IW3dA'nu ^u 'a q I CL cQ L w VI Z F— Q U 0 J Q� K F- a 0 o. 0 i w J N V� Benda Item No. ' 5 April RESOLUTION NO. 07- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AUTHORIZING FINAL ACCEPTANCE OF CERTAIN ROADWAY AND DRAINAGE IMPROVEMENTS IN CASTLEWOOD AT IMPERIAL, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 39, PAGES 81 THROUGH 82; RELEASE OF THE MAINTENANCE SECURITY; AND ACCEPTANCE OF THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY AND DRAINAGE IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE CASTLEWOOD AT IMPERIAL HOMEOWNERS' ASSOCIATION WHEREAS. the Board of County Commissioners of Collier County, Florida, on December 3.2002- approved the plat of Castlewood at Imperial for recording; and WHEREAS. the Developer has constructed and maintained the roadway and drainage improvements in accordance with the approved plans and specifications as required by the Land Development Code (Collier Count, Ordinance No. 0 4-41, as amendedc and P "HEP�..45, ine Dei-eloper is requesting fmal acceptance of the roadway and drainage improvements and release of iris maintenance security: and WHEREAS, the Engineering Services Section of the Development Services Department has inspected the roadway and drainage improvements. and is recommending acceptance oCsaid facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway and drainage improvements in Castlewood at Imperial , pursuant to the plat thereof recorded in Plat Book 39, pages 81 through 82 and the Clerk is hereby authorized to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County, accept the future maintenance and other attendant costs for those roadway and drainage improvements that are not required to be maintained by the Castlewood at Imperial Homeowners' Association. This Resolution adopted after motion, second and majority vote favoring same, this day of . 2007. DATE: ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk Approved as to form and !eea! suCflci::ncc: Assist 'mt Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNT)'. FLORIDA JAMES COLETTA, CHAIRMAN or:a 112n Nc 1 Fa 1 G,i COLLIER COUNTY Eli RRD DF GDUNTI' 60MMISS IO N_FlS Item Number: Item Summary: I r_Uw,irsn _ ., rizrise ., r n;.,, n n -slA,, Srcoulea re,nr J a tin on111 r_ �1102rt1 t t .vtEU¢ fi in 3F,,, Dr tier r, D.O,a% privro, .i ntl dit, 0 : p : CIP9!`.1 f tt,f hnn'rin. .. t. .03: 1,ral 7h, 1an,r nI nalna0e rr,r len(5 WIII bo p,ftri, ire Olalnel Meeting Date: 4,'24/ ^_007 1 00 DO AM Prepared By Jobn HOwdsworth Senior Engineer Date Community Davelopnleot 8 Env Serroce, Engmu. irq Se,v."" 4'2(200] 9'.05'.90 AM into, Approved % fhomns E K-1, 2E. ODES Engln a mg Sernces Director Date .,amtn unity Devetopmem & entn'.Sei ODES Enpmaenng So,e— 4.'220079'. Oi eM Approved Bp R. fIL'�e SICV.fert _11rll,c:eC: v Pn15 .. D2�..O..InCrtP A,,,,,oel Bt Approved iiv rl .. _. Apprnv ed By , ntali Approved Bp 014E _loo olnmor Fltlmrtnshetive {�aisidnt D. D, nit,"r._ ")f.,, f t.'. .. b Butl ?el 4 '00 "'.3f. A4t Approved By 1,1dr1: :5xcNSOn 6unn4t {.n31y'St Jart• [ s O f,v Df, l 4 '',:20W A'45 qM Approved Ity Count, Mnnnper ,...¢ Srerd of "aunty ,goner. "' s Office 4 117? P.2 PIN agenda I!em No. 16A4 April 24. 2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Silver Lakes Phase Two -G" OBJECTIVE: To approve for recording the final plat of "Silver Lakes Phase Two -G ", a subdivision of lands located in Section 10, 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 Staff has completed the review of the construction drawings, specifications, and final plat of "Silver Lakes Phase Two -G ". These 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 "Silver Lakes Phase Two - G" 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: $1,085.00 — 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. HISTORICAUARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. __'G 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 "Silver Lakes Phase Two - G" for recording. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department � G S O y CV 6l �a @ `m a Q Z O w F t- 4 m O J 7 �- CL a w U3 rL Z O Q U O I H S < O O ¢ Tag I o s w 1 °g a�_ I ��" 3# _ ass vsl wrnnnoe �umoa � ga I CL a w U3 rL Z O Q U O COLLIER COOVTI D,M 1r1 SS I, irIS Item Number: Item Summary I. ,v iae t .. e f, .,e- [ill rJ . 31D11 a r nr 9 i'i I I a Meeting Date: 1_4 lu- _ _4 G5 =M 11 Prepared By Jonr nowdsworcn ser.., enpmeer Dare .. mu v Dcvclopmco� S � ^4m a inq $evices SF.:2007 1.02 :54 PM enSal Sernces Approved Bp rnomar E. e-1 . va CL-5 _ ,c s =ry=es D�w+<ror Dane ., <mi.��mN Devvmvo�om s cozy _nDmeenre ser „ee= arazoot + si pro Approved It, A'.otlene 5l ^wart - ..��.,vro Secre�my Dotr '20. 33e LN App rueed B. Appnn ed It. \ppnn ed Br Approved It\ 2 Approved By .. ., vst .a¢ Approved B, Ds,e Boaz �. _ �nrtry X X X U,genca Lim Nn. S5P.5 CONOMIC DEVHOPMENT COUNCIL of Collier County, Florida Economic Stimulus Program Recommendation Form for (Name of Business) Airtlyte Electronics urromic Stimulus Progmms: Broadband Infrastructure `.nvesimeril Past Track Percniltin,� Fee. Payment Assistan_e .lob Creation Property Tar. Stimulus Local Match for QTl 2. Coiiier County's company toeation: ❑ High Impact Area — west of 951 ❑ Easter Collier County - east of 951 X ImmoWee Enterprise Community ❑ Everglades City Enterprise Zone 3. Project qua#iiications: Number of current Collier County employees: 0 Ave. Wage: S or Number of new jobs resulting from project: 90 Avg. Wage: $ 34.000 Total retained and new jobs: 90 .Avg. Wage: S 34.000 4. Schedule of incentive funds requested (by Collier County fiscal year October - September): FY FY 5. Economic Impact Multipliers: NAILS Cc 335312 — Motor & Generator 1%4anufa;;turino SIC Coils: 3643 — Current ;arroine wring devices Earnings Multiplier: 1.5681 Emoioyment Multiplier: 1. 7310 Economic Development Council of Collier County Recommendation Prepared by: SusiWinchell " rint a e) i1 �1� ignature) u of 1 FY FY Total 3 -21-�)�- Date Approved: ���#Yt1.u+°. ✓ — 'D—U� Tammic Neme ;, President I ?atc ctiedwry November 2006 CoLL'tier Coos -cty Page 2 of 13 Client Approved ;K of jobs FY FY FY 07/08 06/09 09110 Job Creation Phase 1 50 $150,000 Phase 11 20 $60,000 Phase 111 20 $60,000 Fee Payment Assistance Property Tax Stimulus Program Broadband $8,333 $6,333 $8,333 Total $158,333 $68,333 $66,333 FY FY 5. Economic Impact Multipliers: NAILS Cc 335312 — Motor & Generator 1%4anufa;;turino SIC Coils: 3643 — Current ;arroine wring devices Earnings Multiplier: 1.5681 Emoioyment Multiplier: 1. 7310 Economic Development Council of Collier County Recommendation Prepared by: SusiWinchell " rint a e) i1 �1� ignature) u of 1 FY FY Total 3 -21-�)�- Date Approved: ���#Yt1.u+°. ✓ — 'D—U� Tammic Neme ;, President I ?atc ctiedwry November 2006 CoLL'tier Coos -cty Page 2 of 13 Client Approved COLLIER COUNTY ECONOMIC STIMULUS PROGRAM APPLICATION for Expanding or New Businesses to Eleotronios Co. Narne of Business Business Rc�tacffi4iran fraeel Bsyonne�ht.t Project Title (t -5 word desoripbon) R2,^26�CT — Date ECONOPAic DEVELOPMENT COUNCIL OF COLLIER COUNTY 3050 NORTH HORSESHOE DRIVE, SURE 120 NAPLES, FLORIDA 34104 (239) 263 -8989 • FAX (239) 263 -6021 www.eNapiesFiorida.com EDC official use: - - t ovation: LX Immokafee Enterprise CommunitY ❑ High Impact Area Eastern Collier County O Everglades City Enterprise Zone Etlz�tivz November 2006 Page 3 of 13 Client Appmveo _4--- ilnit alsj COSY COrLL'K'C.y naan;a It�rn Iva 1uF,5 Agri _'; °fb.�, P_ige 4 c: .5 Client Identification 1. a) Name of Business Unit: Airflyte Electronics Co. b) Mailing Address: Box 231,56 Hook Road, Bayonne, NJ 07002 c) Name of Parent Company (if applicable): N/A d) Primary business unit contact: Name: John Piret Title: President Company: Airflyte Electronics Co. Address: 56 Hook Road, Bayonne. NJ 07002 Phone: 201 -436 - 2230x11 Fax: 201-436-6024 Email: oiret56 @ao1.com e) Business unit's federal employer identification number: 22- 1527066 f) Business unit's Florida unemployment compensation identification number: N/A g) Business unit's Florida sales tax registration number: N/A _ h) Business unif s Collier County occupational license number, W16 i} List NAICS/SIC codes of all activities of the business unit: 335312 - Motor & Generator Manufacturing Target Industry: Manufacturing 2. a) Is the business unit minority owned: ❑ YES © No b) If YES, 3. Business unit's tax year (example: Jan. 1 - Dec. 31): Jan. 1 - Dec. 1 Project Information 4. a) Is the business unit (please choose one): ® a new business unit to Collier County ❑ an expansion of an existing Collier County business unit b) It an expansion, how many employees are currently working in the expanding business unit located in Collier County? NIA c) How many individuals are employed In ALL Florida locations? WA d) How many individuals are employed in ALL domestic and international locations? - 60 Etfs -uve NOVBnlber 2006 Page 4 of 13 Client Approved (inrtiala) Coen C'•aur,Ety ,,., -• .. . �nr; 5. Provide a full project description (to Include principal use and accessory) Relocate the Bayonne, NJ manufacturing operation to Florida (Drobably immokalee) less than 30% of the company will remain in NJ 6. Please check the box that best defines your project. Answer a) AND b), if applicable: a) ❑ Multl-state business enterprise b) ❑ Regional headquarters office ® Multi- national business enterprise ❑ National headquarters office ❑ Not applicable 11 International headquarters office ❑ Not applicable 7. Please estimate percentage of grass receipts or final sales resulting from this project that will be made outside of Collier County: 100 % outside of Florida: 98 % 8. Project employment and wages: a) Has the applicant ever participated in an EDC- assisted program? ❑ YES ® No If YES, how many new and retained jobs were included in that project? N/A b) Total number of net, new full -time equivalent Collier County jobs created by the project at the business unit indicated above: 90 c) Are any employees being transferred from another Florida location? i_i YES `I NO If YES, how many and from where? N/A e) Anticioetad annualized average wage (not including benefits) of the new to CoMer County jobs: created by the project at the business unit: S ;� 000 f) Annualized average wage for existing Collier County employees: $ N/A (The wage indicated shore wig be used in the certification, agreement, and claim evaluation proves. Cash pertormari a bonuses and other Cash payments to the employees, such as overtime, should be Included,) g) Annualized average value of benefits associated with each new job created by the project at the business unit: $4.000 h) If jobs are to be phased in, provide the date when each phase of employment will be fuiiv imDiemented: Phase Number of net, new full -time equivalent Collier County, jobs created In business unit Date by which those jobs will be created I s0 9130/07 11 20 9/30108 III 20 9/30109 TOTAL 90 fte'l,ve November 2006 Page 5 of 13 Client Approved _L�- . (initiaLs) Coo -- Coz s.rity f.De11da I?c7; IV O. 1'v \: fipril 24, 200' as S. of 9. a) Describe the capital investment in real and personal property: (examples: construction of new facility; remodeling of facility; upgrading, replacing or buying new equipment. Do not Include the value of land purchased for construction of a new building.) Build -out of new facility to accommodate business b) List the anticipated amount (within three (3) years) and type (purchase of machinery/equipment, construction of buildings, etc.) of major capital investment to be made by the applicant in connection with this Collier County project: Amount $ Land Amount $ $50 000 -$100 000 Construction /Renovations Amount $ $100.000- $200.000 Manufacturing Equipment Amount $ Other Equipment Total $ $150,000- $300,000 c) Estimated square feet of new or newly expanded facility: 22.000 sf _ 10. Anticipated date of beginning of construction for this project: existing building 11. Anticipated date project will be in operation: Summer 2007 _ 12. Site and Contractor Information: a) Folio Dumber: b) Project Street Addiress& Suite Number: 2206 Tradeaort Parkway. Immokalee FL 34142 c) Legal description: d) Type of Project (check all that apply): ❑ Rezone Permit X Tenant Improvement ❑ Other ❑ Plat ❑ SDP ❑ Building e) Located on Brownfield Site or in a Brownfield Area? ❑ YES ® No Q Will project be locating or expanding In an Enterprise Zone? BYES r7 NO If YES, which Zone: T Immokalee ❑ Everglades City g) Owner/Developer Name: Training & Manufacturing Institute, Robert Juster Phone: 239/455-2138 Email: Fax: Ebe the November 2006 C'�oer C'..ouvcty Page 6 0+ 13 Client Approved _ (mtlials) h) Architectural Firm: Contact: Email; Fax: 1) Engineering Firm: N/A Contact: Phone: Email: Fax: Contractor: Contact: Phone: Email: Fax; k) Other: (i.e. Attorney, Land Planner) N/A Contact: Phone: Email: Fax: Effective Novembsr 2006 I — ?<Z—� se ---r Page 7 of 13 Gaeol Appmm! (nibMS) MW 7 Project iml?act Information 13. What role will the incentive(s) play, including the Fast Track Regulatory Process Program, in the decision of the applicant to locate or expand in Collier County? If there are other states /communities competing for this project, please list which statealcommunities and what incentives are being offered by those states/communities. (minimum of 1,000 words) Airflyte is currently In a high tax, business unfriendly state (NJ) and are trying to compete with companies that have offshore operations in addition to their bases In the U.S. In addition, it is also a union shop (UAW.) It is vital to our survival to move to a business- friendly environment with eager workers that want to seam. The award of the Jobs Creation Investment Program will provide the financial means necessary to offset the high development costs for the Immokales area. The EDC Fast Track program will help me to become operational much faster, getting the facility functional more quickly is essential to the growing demand of the business. In addition, the project is located in the South Central Rural Area of Critical Economic Concern (RACEC) and a Florida Rural Enterprise Zone. The purpose of these designations is to facilitate and provide incentives for the retention and expansion of existing businesses in the area as well as the recruitment of new businesses to the area. 14, a) Provide a brief review of the applicant's past activities in Collier County and In other states, particularly as they relate to environmental and growth management Impacts and how these have been handfed. (Basically, what kind of corporate citizen has the applicant been ?) As a member In good standing of the business community for over 50 years in Hudson County, NJ, Airflyte is proud to support the community by participating in local business organizations such as the Chamber of Commerce. We have received several small business awards from local organizations. Airflyte has also received awards from Hudson County for our eff orts in preserving the environment through our clean waste water program. Effective November 2006 CoLL�er' CiOKHt�• Page of 13 Cllont Approved _.___.... (InH181S) MW b) Describe any criminal or civil fines, or penalties, and any awards. If there are none, please make this statement below. WA c) 1 agree to allow the Economic Development Council of Collier County perform a Company and/or Personal Background Check. ® YES ❑ NO You may request that your project information (including the information contained in this application) be confidential per F.S. 298.1575, Confidentiality of Records. x YES, we Request Confidentiality ISO, we do not Request Confidentiality Eifectve November 20D5 Page 8 of 13 C�OL[7e "Y C�- 07A.Hty i� Chcrrt Approved lY- (inNjals) MW Application Completed By: J 04,? J piety -r (Print or Type Name) (Print or Type Title) I(?6=i2'1>^ 5t' ECrn D(X4 (C�) (Phone Number) (Fax Number) (E -mail Address) (Date) (Contact Person, it different) (E -mail Address, if different) (Address, if different) (Phone Number, if different) EHechve November 2006 p;Gel'1::2 I:e Fii N.C. 0A5 4 nrl 2Z 2r)i)7 Page 10 of To the best of my knowledge, the information included in this application is accurate. (Pi qf,5 ( Print or Type Title of Authorized Officer) AIR) =L'I 5: i �74Z12 p — I (Company) Page 10 of 13 2n /- 4°,^ -2z3✓ x (Phone Number) (Fax Number) (E -mail Address) �Eb 2-c-? (Date) Chan Approve ' (inibaL^) EMMOW COLLIER COLNTI' Item Number: Item Summary: '1 rpm , P t,.. l i,vr met ,.[ &eaC ti _ _, e ¢rorn3 Meeting Date: 4.'21 JP:.- 5 05.02 ,M Prepared By Denton Baker Financial Admin S H,, my Dna Ol- Dale cemmana' Daaempmem a Enalronmentel 5ervlces financial Admm. a Housing 415120011. M'.0 PM '.1' P., Gpereao.rs AUe.rst U,m Commanny Gevelopmenta .,ommundy Development& Enmronrm -hI 5ervlces Envnonlelm,l 5orvices gnmm. 41912001311 PM Approved By Manen, Ste -1. E— UtieCS -rctap Date Conlrn.ele Develoumom 8 C., —le, � Devewnmem 6 200- 1f FFt App raved 11, Appnncd By App rnvrd li. Allpramd 11, 'G» :aY Mo i. ro _ 9e __ ... Approved By naen a Item ivo. 16A5 2DGj Pane of ELECTRONICS COMPANY 56 NEIN HOOK ROAD. P0. BOX 23i- BAYONNE NEW JERSEY 07002 Tel .70'- '36 22K - Fax 201- 436 -6024 • wwn� airtlyfeelectionics com EDC 3050 North Horseshoe Drive, Suite 120 Naples, Florida 34104 Att: Susi Winchell, Diversification Manager Re: Airflyte Electronics -- Immokalee Dear Ms. VJincheli, I look forward to the April 24a` meeting and a favorable determination by your Board. We are on a tight schedule because our building in New Jersey has been sold and finalizing the decision to move to lmmokalee is certainly the easiest path at this time. However it does not make sense to move to Immol glee without EDC benefits. We have included a contingency statement to that effect in the proposed lease agreement with the owners at 2050 Commerce .venue. There are comparable opportunities avaiiabie to us in Southwes Florida which I am obligated to consider if the EDC. 1=okaiee benefits 2 :, not included in the package. I apps. ciate your eabrts on behalf of the EDC and to ^,I. forward to a continuing relation -s-hip vr;th Collier County. Very truly yours, John J. Piret' President 4p'il 20t EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE THE APPLICATION FOR THE JOB CREATION INVESTMENT PROGRAM AND THE ADVANCED BROADBAND INFRASTRUCTURE INVESTMENT BY AIRFLYTE ELECTRONICS. OBJECTIVE: That the Board of County Commissioners (BCC) approve the application by Airflyte Electronics for the Job Creation Investment Program and the Advanced Broadband Infrastructure Investment Program. CONSIDERATIONS: On November 18, 2003, the Board of County Commissioners adopted Ordinance No. 2003 -59. which is Code of Laws and Ordinances Chapter 49, Article V, establishing the Advanced Broadband Infrastructure Investment Program, Ordinance No. 2003 -60, which is Code of Laws and Ordinances Chapter 49, Article III. and establishing the Job Creation Investment Program. These programs are available to targeted high -waLe companies that desire to relocate or expand within specified areas of Collier County and are desi,med to reduce the economic effects of increased development fees as well as relocation and or expansion costs. The Programs have specific eligibility requirements including the number of full -time jobs to be created and retained, the average "a ,-,e of the jobs. timing of the jobs being in place and the type of ibusiness being proposed. On A9arch 21. 2007, Airflyte Electronics, Inc. (AEI) submitted an application to be considered for the .lob Creation Investment Pro,raun and the Advanced Broadband Infrastructure Investment Program. The project involves the relocation from Bayonne, NJ, of an "International Headquarters Office" with facilities for the design and manufacture of slip ring assemblies. Airflyte Electronics was established 50 years ago in New Jersey and is a leading manufacturer of precision slip ring assemblies for use in commercial, industrial, and military applications. A slip ring is an electromechanical device that allows the transmission of power and electrical signals from a stationary to a rotating structure. This device is also called a rotary electrical joint, collector or electric swivel and is used in any electromechanical system that requires unrestrained, intermittent or continuous rotation while transmitting power and /or data. It can improve mechanical performance, simplify system operation and eliminate damage -prone wires dangling from movable joints. AEI proposes to create ninety (90) new jobs in Collier County, in three phases, by September 30, 2009, at an average wage of 534.000, which is 80% over the stated qualifying average wage criteria for projects located in the Enterprise Zone Community of Immokalee. Based upon the above commitments. AEI is eligible for 8270.000 in Collier County Job Creation Investment Program funds to be paid over three consecutive years following creation of the jobs. The jobs to be created and their annual wages are categorized as follows: F.aencz Itam No. 16t:; carp � ')�f 7 Job Category Number of Jobs Salary Range Management 4 $80,000 - $200,000 Supervisory/Engineering 10 $40,000- $90,000 Clerical 8 $18,000- $40,000 Production 68 $17,000 - $40,000 The company is also proposing an initial capital investment of approximately $50,000- $100,000 for the facility including land. Building and equipment is estimated to cost $100,0004200.000. AEI has also requested to participate in the Advanced Broadband Infrastructure Investment Program. The program is available to local companies either constructing a new buildin" or renovating an existing non - residential building and upgrading it to be a -smart building ". facilitating the installation of advanced broadband technology. The applicant has requested 525,000 of incentive funds, to be paid in equal amounts of no more than $8.400 per near, over three years. Following the installation of the system. the participating compan} may request the first of the authorized incentive payments. Staff will prepare the .lob Creation Investment Program Agreement and the Advanced Broadband Infrastructure Investment Program Agreement, and each will be reviewed by the County Attorney's Office for legal sufficiency. The approved agreements will be signed by a designee from AEI and by the County Manager on behalf of Collier County and will be recorded in the Official Records of Collier County. AEI meets all of the Advanced Broadband Infrastructure Investment Program requirements set forth by Ordinance No. 2003 -59 in Code of Laws and Ordinances Chapter 49, Article V and the Job Creation Investment Program requirements set forth by Ordinance No. 2003 -60 in Code of Laws and Ordinances Chapter 49, Article III as a Targeted Industry expanding within Collier County. Therefore, approval of this application will help to promote the creation of jobs in Collier County. FISCAL IMPACT: Job Creation: The applicant has requested $270,000 of Job Creation Investment incentive funds, to be paid over three years at the rate of $3.000 per newly created job, to be implemented in three phases ending September 30 2007, 2008, and 2009. Following creation of the specified jobs, the Company may submit a Request for Funds to the County Manager to be paid at the beginning of the County's fiscal year following the date that the newly created jobs are verified to be in place. General Fund revenue was specifically budgeted for the adopted economic incentives, and thereby funds the .lob Creation Investment Program. 7e11 na l"am IJo. 5E ?. Broadband Infrastructure: The applicant has requested 525,000 of incentive funds, to be paid in equal amounts of no more than 58,400 per year over three years. Following the installation of the system, the participating company may request the first of the authorized incentive payments. The company must submit copies of the invoices detailing the cost of the installation along with the request. Additionally, the participating company must pay their annual ad valorem property taxes to the County, in full, prior to a request for payment. The approval of this application does not obligate the BCC for payments. Any award to be paid is dependent upon funding availability. The Operations Support Department within CDES has responsibility for job verification as well as monitoring program compliance. The initial capital investment related to this project is estimated to be S150.000-S300,000. In addition, the creation of the ninety (90) new jobs generates a local payroll of approximately 53.1 million annually with a total economic impact to the community of approximately S3? million. GROR'TH MANAGEMENT IMPACT: This application is consistent with the Economic Element of the Growth Management Plan. specifically Objective 1.3 that states: "Collier County vgill support programs which are designed to promote and encourage the recruitment of neN� industry as well as the expansion and retention of existing industries in order to diversify the County's economic base." LEGAL CONSIDERATIONS: The AEI project meets all of the Advanced Broadband Infrastructure Investment Program requirements set forth by Ordinance No. 2003 -59 in Code of Laws and Ordinances Chapter 49, Article V and the Job Creation Investment Program requirements set forth by Ordinance No. 2003 -60 in Code of Laws and Ordinances Chapter 49, Article Ill, as a Targeted Industry expanding within Collier County. RECOMMENDATION: That the BCC approve the application by Airflyte Electronics. Inc. for the .lob Creation Investment Program and the Advanced Broadband Infrastructure Investment Program. Prepared by: Denton Baker, Director, CDES F'P�iC ✓! EXECUTIVE SUMMARY Recommendation to reject Bid No. 06.4050 for demolition of commercial /residential structures OBJECTIVE: That the Board of County Commissioners, Ex- Officio, the Governing Board of the Collier County Code Enforcement Department, reject Bid No. 06 -4050 for demolition of commercial /residential structures and authorize Staff to reissue a modified bid and request that the Board of County Commissioners waive the threshold for formal competition, so that staff can obtain quotes for demolition projects until the new contract is awarded. CONSIDERATIONS: The Code Enforcement Department is responsible for the enforcement of the Collier County Land Development Code as well as numerous stand alone Ordinances within unincorporated Collier County. Several Ordinances grant authority to the Code Enforcement Department to abate nuisances when the property owner fails to do so after legal notice. Bid No. 06 -4050 was issued on August 30, 2006 soliciting contractors for the demolition of commercial and residential structures and four bids were received. Subsequent to opening the bids, staff determined that the bidders were providing quotes with differing square footage values and therefore non- comparable quote prices. Staff recommends reformatting the bid invitation and reissuing the solicitation. FISCAL IMPACT: The approval of this Executive Summary will allow the waiver of the $50,000 threshold for formal competition until an alternate contract can be awarded. GROWTH MANAGEMENT IMPACT: There is no growth management impact in approving this Executive Summary. LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and has no outstanding legal considerations. RECOMMENDATION: That the Board of County Commissioners, Ex- Officio, the Governing Board of the Collier County Code Enforcement Department, 1) reject Bid No. 06 -4050 for demolition of commercial /residential structures, 2) waive the $50,000 threshold for formal competition, so that staff can obtain quotes for demolition projects until the new bid is awarded, and 3) authorize Staff to reissue a modified bid. PREPARED BY: Travis Snoderly, Code Enforcement Operations Manager COLLIER COUNTI' pGARO OF C'JDNTY G:>MMISS�ONEP.E Item Number: Item Summary tie om . . anoc Io i d fJO o6 4J 'tordemcM1e n_.oa n:,al Mali Dale: 424,20G' 1 -CAM Prepared By Michelle Edwards Arnod Code Enforcement Director Date C- mmunlly Development & Core Enforcement 411212001 E.24[04 PM Em ref AppruvulBy MeA, lie Edwarns Arnold Codn Enfocemen' D.,,,cr Dic" ..nmrwmty Dsaelapmeot E Env coral Services Cndo Ent ofcem.or 401 02007 10'. 26 AM Approved By 6rema houroft FurrIli Agent Dme Admimsnatrve £erdz ^_s rrirlha1,11 4113 :200'1C.3C AM Appn'. cd Itv I e a.ttaY �, v ✓e ap Satr - 1nnvtL w r. I e �,....mr.... a V 1161 ;'1 Approved Br Approved If, Apps, ud B, "Ir .. ... ,, Aar:vr. Approved By Co,nmun", IJevcino', R _oso0bK 5cGmu! Dale Envuoum_n.o...ca_ts AC:ais.rntor mN Devd S ...L, o, O-,r.crr-,, S U "21. -10 _ n.. sHUmia Approved R. OWE L., Admlmerralivo ASSls:anf Gate County Ma..gels Olt,, O %me of Management 6 pudget 4n31200''. 44 pM Approved By hLCnaol Sonnon,'in Mannge11eol &6uogot Dnecwr Duto mp. Mnnro", Ofn.'.✓ O'tce of Nmwgemenl Z pud,et ». i_1Z00] L_ nM Approved Br James% %, ,,, ..Aunt ro'nanm Date . 0.r- -1 �, 'n' r. l o- r 4'18 1 45 Hg Aida liem No 16A7 ril 24. _X)i Paar c` 9 EXECUTIVE SUMMARY Recommendation to accept the Special Magistrate's decision on the mediation proceedings for Case 06- CEB- 00055: Jerry & Kimberlea Blocker v. BCC OBJECTIVE: That the Board of County Commissioners concur and support the findings of the Special Magistrate in the Mediation proceedings for Case 06 -CEB- 00055: Jerry & Kimberlea Blacker v. Board of County Commissioners. CONSIDERATIONS: A Case for illegal land use violations was presented to the Code Enforcement Board on April 27, 2006. The property owner has a residential mobile home park in an Industrially zoned area. After testimony and evidence the Code Board found a violation existed and ordered the Respondents, Jerry and Kimberlea Blacker to comply with local codes by either removing the illegal use or by rezoning the property to an appropriate district that provides for mobile home park use. The Code Enforcement Board granted until May 12, 2007 to comply with the order. The Respondent, through counsel representation, filed for a non - binding mediation under Florida Statutes § 70.51 stating the decision of the Code Enforcement Board was unreasonable and unfairly burdened the Blacker "s property. A mediation session was conducted on March 8, 2007 with the Special Magistrate rendering his opinion on March 23, 2007 in favor of the Code Enforcement Board's Order and found that the enforcement action was not unreasonable and did not unfairly burden the Respondent's property. Summary of F.S. 70 -51 Procedures — Bert Harris Act: Special Master relief is available to any owner who believes that a development order or an enforcement action is unreasonable or unfairly burdens the use of his real property [§70.51(3), Fla. Stat. Florida Statutes §70.001(e) "inordinately burdened" means that an action restricted or limited the use of real property such that the owner is permanently unable to attain the reasonable investment -back expectation for the existing use of the property or that the property owner is left with existing uses that are unreasonable such that the property owner bears permanently a disproportionate share of a burden imposed for the good of the public, which in fairness should be borne by the public at large. It does not include temporary impacts to real property; or impacts occasioned by governmental abatement, prohibition, prevention, or remediation of a public nuisance at common law or a noxious use of private property. When an owner initiates a Special Magistrate proceeding, the time for seeking judicial review is tolled [ §70.51(10)(a), Fla. Stat.. The purpose of the hearing is to focus attention on the impact of the government action that gave rise to the owner's request for relief and to explore alternatives to the enforcement action in order to recommend relief to the owner [ §70.5](17), Fla. Stat.. To this end, the Special Magistrate's first responsibility is to act as a mediator to facilitate a resolution to the end that a compromise between the parties can be reached [ §70.51 (17)(0), Fla. Stat. . If the Special Magistrate cannot mediate a solution, he must make a determination as to whether the government's actions are unreasonable or unfairly burden the property. In making this determination, the Special Magistrate must consider the facts and circumstances set forth in the request for relief and any responses and other information produced at the hearing, including testimony from any nonparty witnesses f §70.51 (I 7)(b), Fla. Stat.l. ACi'll 24, =JC,7 °ace -- of 9 If the Special Magistrate finds that the action is not unreasonable or does not unfairly burden the use of the owner's property, he must recommend that the order or enforcement action remain undisturbed. The proceeding will end, but the owner will retain any other available remedies [ §70.51(19)(a), Fla. Stat. . If the Special Magistrate finds that the government action is unreasonable or unfairly burdens use of the owner's property, he may recommend one or more alternatives that protects the public interest served by the development order or enforcement action but allow for reduced restraints on the use of the property. The alternatives may include, but are not limited to the following [ §70.51(19)(b), Fla. Start.: 1. Adjusting land development or permit standards or other provisions that control land use or development. 2. Increasing or modifying the density, intensity, or use of development areas. 3. Transferring development rights. A. Swapping or exchanging land. 5. Making payments in lieu of onsite mitigation, or other forms of mitigation. b. Locating development on the least sensitive portion of the property. 7. Imposing conditions on the permissible amount of development or use. 8. Requiring that issues be addressed on a more comprehensive basis than a single proposed use or development. 9. Issuing the development order, variance, special exception, or other extraordinary relief, including withdrawing the enforcement action. 10. Having an appropriate governmental entity purchase the property or an interest in the property. Within 45 days after receiving the recommendation, each governmental entity involved in the proceeding must accept or modify it and proceed to implement it by development agreement, or reject it. Failure to act within 45 days constitutes a reiection [ §70.51(21), Fla. Stat. . If the governmental entity rejects the special magistrate's recommendation, or if it accepts or modifies it but the owner rejects the acceptance or modification, the entity must issue a written decision within 30 days that specifically describes the available use or uses for the subject property [ §70.51(22), Fla. Stat.. Once this is done, the owner may seek judicial relief that was available at the time the original decision to approve the development order or enforcement action. Conclusion Based on the Special Magistrate's findings (attached to this summary), the Board of County Commissioner may accept the recommendations and provide a written decision within 30 days that describes as specifically as possible the use or uses available to the subject real property. FISCAL IMPACT: There is no fiscal impact in the approval of this Executive Summary. GROWTH MANAGEMENT IMPACT: There is no growth management impact in approving this Executive Summary. Heirn i. LEGAL CONSIDERATION: This request has been reviewed for legal sufficiency and has no outstanding legal considerations. RECOMMENDATION: That the Board of County Commissioners accept the findings of the Special Magistrate in the Mediation proceedings for Case 06-CEB- 00055: Jerry & Kimberlea Blacker V. Board of County Commissioners. PREPARED BY: Michelle Edwards Arnold, Code Enforcement Department Director .. 1.rr t, ,1O' COLLIER COUNTY HGAED CF C0tlDT1 CDM ML510 PEPS Item Number: 1c, Item Summary tae J, TO tr m a cc cpl the Specl a W ad _t' ,c S de is r th, ",d V'o deed FicA 1p: Geae 1, CEE -00'153 Jerry and K,rc eee 611cvery PO', Meeting Date: 424:200- 0 0 ?DG /, M Prepared By Michelle Edwards Arnold Carl Enforcement connector Date Comnwnity Davvlapment & Code Enf orcement e 41121200991 P56 AM Envoonm anvnl 5—oll April Br Coor n pint, Planning and in —chit J. Cohen Date Feaevobpment Manapar Community Dove lapment 8 ..omprehnslvo Planning 41121'200]:.9 PM Env:ron:nontal5ervices Approved By rco'nelw Eowa's, Arnold Code Enrorce:naot DO. rtor Dare ..ommuniry Devukrpmun: & Cnde Enorcement a,^.Ymc' 6 -es PM Approved 11, I, _.—r_ _-cl 1rIT 1 c .. 6 App raved It. App raved 11, 1,A,I ... in, ..1 " _ it Approved Itv �..mm w.iN CcvuloPmen'. A aosepn K. SCI1min Dam _ nu,o nn v r,.: 1,r.mc s Admin5l,lc, ..ommuolo Dev<I ap molo _-oo,nrjmry L'A'W prnont& "LoonlIctal 5.rnae1 _ -.11-1,11tol .. vi ee 4drn:n. Approved By owls coominamr 4amtme:raoea ASeanac Date Ma - -0'hce V ,M -& Loolle, 4''520'. -aFAV Approved By rd:cnnal Sml I, anagement & Buds^' Dl,Ic r Date ., unp• t)Ahl ofr A- of Manasenten9 & Bory -o nica?rre 4 51PM Approved By James V_Eton Opunry Manager Date board c; Gounry .,ountg rAanage %s Jffice 3.4 T,2tt6'S:4S Pr✓ JERRY & KIMBERLEA BLOCKER is Requestors 22 P Re: Collier County Code Enforcement Board Case Nos: 2006-16,2006-17 2006 -18 BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Governmental Entity RECOMMENDATION OF SPECIAL MAGISTRATE Procedural Background This matter came before the undersigned as Special Magistrate on the 8th day of March, 2007. Requestors sought relief of certain enforcement actions taken by the Collier County Code Enforcement Board in case No. 2006 -16, 2006 -17, and 2006 -18. These were three identical enforcement actions relating to the use of three adjoining properties as a Mobile Home Park. At present, the zoning classification of the property does not permit use as a Mobile Home Park, and • in addition the park, as presently configured, would not comply with present development standards for a Mobile Home Park. The enforcement action requires either demolition of the • Mobile Home Park, or alternatively that the owner seek a rezoning of the property, and if successful in obtaining that rezoning, submission of an SDP /SIP, obtaining approval of same, and compliance with the terms thereof. Because a rezoning of the subject property would require an amendment to the Collier County comprehensive plan to alter the land use plan element thereof as to Immokalee, the time frames set forth in the enforcement action for the rezoning and SDP /SIP process are insufficient to make this a meaningful alternative such that the enforcement action in effect requires demolition of the Mobile Home Park. Requestors believe this is unreasonable, or unfairly burdens the use of the owner's real property within the meaning of FS 70.51 et. seq., and seeks relief under the provisions of that statute. Attempts were made at the hearing to facilitate a resolution of the conflict between the owner and governmental entities involved, but no such resolution could be reached. Page 1 of 5 l- .oe71-a iT, -mM Discussion • Although acknowledging that the present zoning designation for the subject property does not permit use as a Mobile Home Park, Requestors believe the enforcement action is unreasonable or unfairly burdens the owners use of the subject property on several grounds, which can be categorized as follows. a) " Owner's use of the property as a Mobile Home Park is grandfathered in by the terms of the Zoning Regulations for the Immokalee Area Zoning District, Collier County, Florida, as enacted in 1970. Although contested by the County, Requestors believe that the hierarchal structure of the zoning ordinances up to 1970 would have allowed use of the property as a Mobile Home Park. The aforementioned Regulations do in fact provide for the continuation of non- conforming uses of land, non - conforming structures, and non - conforming uses of structures and premises. By its terms, those provisions are intended to allow a continuance of those non- conformities as they existed at that time, but not to encourage their survival. Assuming arguendo that the 1970 zoning regulations were the first that would have caused use of the subject property to be non - conforming, as of that date this Mobile Home Park had at most between 10 -15 dwelling structures. As of this date, there are over 30 structures, which is at least double that which existed as of that date. Section 7.2 and 7.4 of the Regulations specifically prohibit extension or enlargement of the non -confirming use. Further, Section 7.6 prohibits any structure devoted to a use not permitted to be enlarged, extended, constructed, reconstructed, or moved. Section 7.7 is even more restrictive, prohibiting any repairs or maintenance within a 12 month period exceeding 10% of the value of the building. It is clear that taken as a whole, the Park as presently configured does not represent the status quo as of 1970, and in light of the nature of the structures on the property, it would be impossible to determine if any single component of the property continues to exist in its 1970 location in an unenlarged, unextended, unreconstructed state, let alone without the need for substantial repairs in the last 37 years. Finally, the last paragraph of Section 7.9, which specifically references mobile homes, requires discontinuance of a non - conforming use within 1 year. (Although the first paragraph of Section 7.9 excepts residential use, the last paragraph of that section specifically references mobile homes). Page 2 of 5 - .1.am. Nc,. 7 ;rli 2 ?OC' ace 01 • b) The County's adoption of the Immokalee Initiative and the Nonconforming Mobile Home Park Overlay Subdistrict further evidences the County's intent that non- conforming Mobile Home Parks be allowed to continue in that use, such that Requestor must be afforded a meaninglul opportunity after entry of an Order of the Code Enforcement Board to alter the zoning, and if needed the comprehensive plan, prior to enforcement of existing zoning requirements. The Immokalee Initiative and the provisions relating to the Nonconforming Mobile Home Park Overlay Subdistrict require the submission of a site improvement plan (SIP) "by January 9, 2003 or thereafter within the time frame set forth in an order of the Code Enforcement Board finding a violation of this section... ". The owner did not submit an SIP by January 9, 2003. Requestors argue that because the above cited language allows an order of the Code Enforcement Board to provide for a later submission date, that it is required to do so. Such a construction, however, would render the January 9, 2003 deadline meaningless. I find that although this provision allows the Code Enforcement Board to extend the filing deadline for an SIP (and in fact further grants Collier County the ability to extend the deadline by Settlement • Agreement with the owner) it does not mandate that it do so. c) The County should not be allowed to pursue its enforcement action based on the L -� doctrine ofLaches. Inherent in the doctrine of lathes is the concept that the delay of a party in enforcing its rights has caused a the party against whom that right is sought to be enforced to alter their position, and that the party against whom enforcement is sought has been prejudiced by that delay. In this instance, the owners obtained title to the property in 2002, at a time at which they knew or should have known that the use of this property was subject to significant scrutiny and that they should seek relief from a prohibition against nonconforming use by the use of the SIP application process. They failed to do so. There was no evidence presented that the owner incurred any significant expenses relating to the property subsequent to 2003 as a result of their reliance of the County's failure to pursue enforcement of the non - conforming use, and in fact they appear to have benefited from that non enforcement as a result of their being able to obtain rental income for the past several years that they would otherwise not have been able to obtain. In the absence of a showing that the owner has been prejudiced by the County waiting until 2006 Page 3 of 5 A.,ri! 24 2D67 to enforce regulations that it could have enforced in 2003, laches would not indicate the present enforcement action is unreasonable or places an undue burden on the property. d) As a matter offundamental fairness, the County should permit sufficient time for the Owner to either wait and see if the Comprehensive Plan will be amended in a fashion as to allow a rezoning of the subject property, or in the alternative time for the Owner to itself seek such an amendment to the Comprehensive Plan. The reality is that there is no certainty that the land use designation under the comprehensive plan will ever be altered to a designation that would permit rezoning this property to a Mobile Home Park, let alone when that amendment will take place. In addition, to the extent that it would be permissible to look to what are in effect "workshop" indications of a proposed change, those indications are at best that this property would have a land use designation that would not automatically preclude rezoning as a matter of law. Based upon the use of surrounding properties, the idea that this property would be rezoned to allow for use as a Mobile Home Park is highly speculative at best (and realistically doubtful). Furthermore, although the time frames set forth in the Code Enforcement Orders are insufficient to obtain the required amendments to the comprehensive plan, the owners have already had over 4 years to seek such an amendment yet have failed to take any steps to do so. I find the proposition that fairness requires that the County delay enforcement of its existing rules and regulations based on a possible change to the land use designation which is uncertain as to both substance and timing, and which under the best of circumstances creates a highly speculative chance of providing relief to the owner, to be without merit. Conclusion The threshold determination to be made by the Special Magistrate is whether the enforcement action is unreasonable or unfairly burdens the use of the owner's property. Unless that determination is reached, there is no basis or authority for the Special Magistrate to substitute his or her judgment for that of the governmental body as to alternative methods to try to achieve the public interest served by the enforcement action, or to determine whether there are less restrictive methods of achieving that public interest than those which have been imposed. In this case, I am unable to conclude that the actions of the Code Enforcement Board were unreasonable or unfairly burden the use of the owner's property, particularly in light of the opportunities which the owner had prior to this enforcement action being commenced (the Page 4 of 5 0 Immokalee Initiative and the provisions relating to the Nonconforming Mobile Home Park Overlay Subdistrict) to obtain approval for the continued use of the subject property as a Mobile Home Park. Being unable to reach a conclusion of unfairness or an unfair burden on the owner's use of the subject real property, there is no authority for the undersigned to suggest alternatives to the enforcement action. Simon M. Harrison, Esq. Special Magistrate P.O. Box 07372 Fort Myers, FL 33919\ CERTIFICATE OF SERVICE I HEREBY CERTIFY that duplicate originals of the foregoing have been filed with the parties by service by United States Mail to Patrick G. White, Counsel for Requester, 5801 Pelican Bay Boulevard, Suite 300, Naples, FL, and Jacqueline Williams Hubbard, Assistant County Attorney, Counsel for the Governmental Entity, 3301 East Tamiami Trail, Naples, FL 34112, and a true and correct copy of the foregoing has been furnished by United States Mail to the Florida Department of Legal Affairs, The Capitol PL -01, Tallahassee, FL 32399-1050, this 21 st day of March, 2007. / C imon M. Ham- so Page 5 of 5 Paa S o` - EXECUTIVE SUMMARY Recommendation to approve a Resolution to terminate an "Interlocal Agreement Between the City of Naples and Collier County Regarding Maintenance Assistance for the Traffic Signal System on Goodlette -Frank Road Between U.S. 41 and Golden Gate Parkway" and authorizing the County Manager or his designee to provide written notice of termination to the City. OBJECTIVE: That the Board of County Commissioners approve a Resolution to terminate an existing Interlocal Agreement between the City of Naples and Collier County regarding maintenance and operation of traffic signals on Goodlette -Frank Road (County Road 85 1) between US 41 and Golden Gate Parkway. CONSIDERATIONS: In the 1980's the City of Naples implemented a Closed -Loop type computerized traffic signal system to control signal timing of traffic signals within the City limits. At that time Collier County had no signal system in operation for signals on the County roads. In November. 1989, Collier County and the City of Naples entered into an Interlocal Agreement in which the City of Naples assumed operation of the traffic signals on Goodlette -Frank Road by inte«ratin_+ those signals into the City's Closed -Loop system. The County retained the responsibility for all electrical costs, maintenance, and repair of the traffic signal equipment, while the City set the signal timings, operating hours, and agreed to assist with maintenance activities with reimbursement by the County for any maintenance expenses. The Agreement governs the operation of the traffic signals on Goodlette -Frank Road at Grand Central Station, Central Avenue, 5`1' Avenue North, 7 °i Avenue North, 13 °' /14`h Avenue North, Fleischman Boulevard, Golden Gate Parkway, 22 °d Avenue North, and on Golden Gate Parkway at Naples High School /Coastland Mall. The County now has its own Advance Traffic Management System (ATMS) which includes computerized signal control and video monitoring of the arterials. As part of the Goodlette -Frank Road six - laning project, the County is implementing all traffic signals north of 22nd Avenue North into its ATMS. However, to provide optimal traffic progression in the area of the Goodlette -Frank Road /Golden Gate Parkway area it is essential to bring the subject County roadway intersections into coordinated operation with adjacent signals already under the County's ATMS control. To accomplish this, operational responsibility for the signals must be reassigned to the County. FISCAL IMPACT: As the traffic signals covered by the Interlocal Agreement are currently powered, maintained, and repaired by the County there will be no additional costs. Operating costs will be minimal as County staff will already be monitoring and timing adjacent traffic signals on this corridor. 4. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve a Resolution to terminate the existing Interlocal Agreement between the City of Naples and Collier County regarding maintenance and operation of traffic signals on Goodlette -Frank Road (County Road 851) between US 41 and Golden Gate Parkway and to authorize the County Manager or designee to notify the City in writing of such termination. Prepared By: Robert W. Tipton, P.E., Traffic Operations Department Attachments: Resolution, Existing Interlocal Agreement (h' COLLIER COUNTY ECA FCC OF OCUrlTY CCIAll ONrRS - Item Number: J51 Item Summary . L u,,irtry, 6 <_:.mut .,1L n,- 11k r, .. r,n ,r ,,n-, uieonlnc -ill 3t r, e, arty QTler County retaror c munty,ai c tir5ce lo, file l affic �, .. "Inch -. to ' rydletle F ank Road it o,,eri L 5 41 and de dute f,Drkwa1 any it, 'e "u"theCOOr ii, jerienre torrovde l "alert nol,eyl _'urininthe Coy Meeting Date: Ct ^41:00: t 0090::10 Prepared By Robert W. Tipton. P . traffic Operations Dnector Date Trarill,c .lion 5ervieea Traffic OUeratimm, nit 5'2007 10'. 40: 45 AM Approved By Roo,n W. Timor D E. Traffic Copestone Dim, tor Dom Trensportotion Services Traffic Operate n, 9 @52D07 10.21 AM Approved By Norm E. F,tler, A-P Transpari an Divolon t.dmm istrator Date Tian .11,,UOr. Si i lrflo,. arorr, Cy— — 31311200' 4'.14 nV Apprn.ed 11c Sni,h .. .... lar A, cuhr np yuo ...... nal .,.. ..... .r�_ 7. .. ,.... _ _ .•ro Apprnred I4v App, fd B, r r Approved Bp ..i, Approved By OMB G..ortllnator Atlrmn11111 v= ._,.'sot Dote Lx% 1111, A 1 20C- f'F01 .Approved By Mark isacrilon Bliflolt nn .tat, �foi M. naoer. Of ¢e yo M' a9eme . S r ubgot 4 1 JUT ¢l1: AM Approved By ,lone, v_MOad county tanager .,a.e board of Couppr s cornmleonms - °enry YGansgo5l D'M1Ce 41LL';20T ,'F P M RESOLUTION NO. 2007- .A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, TO TERMINATE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF NAPLES AND COLLIER COUNTY REGARDING MAINTENANCE ASSISTANCE FOR THE TRAFFIC SIGNAL SYSTEM ON GOODLETTE -FRANK ROAD BETWEEN U.S. 41 AND GOLDEN GATE PARKWAY AND AUTHORIZING THE COUNTY MANAGER OR HIS DESIGNEE TO PROVIDE WRITTEN NOTICE OF TERMINATION TO THE CITY WHEREAS, on or about November 7, 1989, Collier Countv, a political subdivision of the State of Florida (the "County ") and the City of Naples, a municipal corporation (the "City "), entered into an Interlocal Agreement (the "Agreement ") designating the rights and responsibilities for maintenance, repair, and operation of traffic signals for the traffic signal system on Goodlette -Frank Road between G.S. 41 and Golden Gate Parkwav; and WHEREAS, the Agreement provides that the County is responsible for all maintenance and repair of the traffic signals and the City is responsible solely for the operation and timing of the traffic signals; and WHEREAS. the Agreement provides that either pam ma}- terminate the .Agreement upon giving thirty ('0) calendar days advance written notice to Neithdrlm from the ALieemene and WHERL,%S. the County desires to terminate the Agreement with the intent to assume operation and timing of the traffic signak on and near Golden Gate Parktaav and to enea ^_c the City in discussions for a ncti alTeement that will more appropnateh denne the parties' respective interests, rights and responsibilities, which hate chanced ,since the m i«inal execution o; the A_eement. for the traffic signals on Goodlette -Frank Road at intersections south of 13" .Avenues and WHEREAS. the Board of County Commissioners of Coliie Countv, Florida finds that it is in the public interest to terminate the Agreement and renegotiate a nett agreement. NOW, THEREFORE, be it resoh'ed by the Board of County Commissioners of Collier County, Florida, that: The Board of County Commissioners approves the termination of the Agreement and authorizes the County Manager or his designee to provide lawful notice of the County's intent to terminate the .Air eement as provided therein. This Resolution is hereby adopted after motion second and malority vote this day of X007. .A'T'TEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY. FLORIDA B_v _ Deputy Clerk Approved as to form and legal sufficiency: Scott R. Teach, Assistant County Attornev By _ _ JAMES COLETTA, CHAIRMAN Aperlda !tern hc. i6E2 ^it _ 2[107 °ag- 1 of 49 EXECUTIVE SUMMARY Recommendation to approve the attached Agreement between Royal Wood Golf & Country Club and Collier County Board of County Commissioners as it connects LASIP to the Santa Barbara Boulevard Extension from Davis Boulevard to Rattlesnake Hammock Road, Count' Project No. 51101. OBJECTIVE: To enter into an agreement that secures all of the necessary easements and access to Royal Wood Country Club needed to construct and maintain the Lely Area Stormwater Improvement Project (LASIP) features identified in attached Exhibits "A" through "E ". CONSIDERATIONS: With the Board's recent, unanimous approval of LASIP Phase IA it is important to continue to advance the project by securing the easements for construction of future LASIP phases. Proactive planning and coordinated design efforts between Transportation Engrineering and the Stormwater Management Department have integrated the proposed construction of Santa Barbara Boulevard Extension with proposed LASIP improvements planned within this same East Naples area. Inmrediate advantages resulting from linking these two efforts together include obtaining necessan right of way conaruently for both projects which are connected and adjacent to each other. Each project complements the other as far as providing access to the project area from a constuctability standpoint. The projects are linked fi-om a water management standpoint; the systems will function together and will flow in a cascading manor. Favorable environmental permitting conditions were realized by implementing a more regional approach to overall water and resource management for the entire area. Two LASIP segments are involved. They are LASIP Northeast Royal Wood and LASIP Royal Wood Lake Interconnects. Both have been designed and are currently in the final review and approval process v ith anticipated project schedules coordinated with construction of the Santa Barbara Boulevard Extension. LASIP Northeast Royal Wood includes construction of a new water management canal and three (3) new water control structures (weirs), flowing south, running parallel and adjacent to the west side of proposed Santa Barbara Boulevard Extension, north and east of Royal Wood. Surface water flowing from this new canal will enter Royal Wood at the northeast corner where the next project will begin, the Royal Wood Lake Interconnects. LASIP Royal Wood Lake Interconnects include several improvements all located within the Royal Wood property. These improvements include removal and replacement of all existing lake interconnect pipes; at a total of seven (7) locations. Improvements also include additional excavation of two portions of existing canals and construction of a new water control structure in the southwest corner of the property. The subject of this Executive Summary is the attached agreement which provides the County the opportunity to access, construct, and maintain these key LASIP features - the LASIP Royal Wood Lake Interconnects located inside the Royal Wood Golf & Country Club. It is important that these LASIP features be constructed in conjunction with the Santa Barbara Boulevard Extension project, as well as the LASIP Northeast Royal Wood improvements, to adequately address Stormwater issues in a regional resource management approach. The agreement also includes provisions to obtain an additional easement for a third segment of LASIP known as LASIP Northwest Royal Wood currently planned for construction in 2009. This project is the construction of 1,900 feet of culvert designed to convey sheet flow from the Whitaker Road area south into and through Royal Wood. LASIP Northwest Royal Wood will provide an adequate stormwater outlet to another area with a documented history of chronic flooding. This segment is not part of the Santa Barbara Boulevard Extension project and can be built subsequently. Royal Wood Golf & County Club is an extremely critical component and partner in the LASIP and the Santa Barbara Boulevard Extension project. This agreement will facilitate coordination of the many efforts planned to complete the very important work. Staff has successfully completed negotiations with Royal Wood Golf & Country Cub. FISCAL IMPACT: The Fiscal impact is estimated to be a maximum of 5600.000.00 to be paid from Stormwater funds. County will be responsible for course restoration in the LASIP impacted construction areas and for fair share costs of a bridge replacement. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners (1) approves the agreement with Royal Wood Golf & Country Club, and (2) authorize the Chairman to sign the approved agreement. Prepared By: Jerry Kurtz, Transportation Stormwater Principal Project Manager Michael A. G-eene, TECM Project Manager Attachments: (1) Royal Wood Agreement: (2) Exhibits A thru E Fagg 5. v. .t COLLIER COUNT)' FWU0rCOUNa CJMMISSIONEP. -- Item Number: 14'v'[ Item Summary F, - 11 1 r rlap omr. m .mt. c e d.,e. t d v rt 8 Lountry .rw a. :Allier Cou 1 BJarp If AUh c 11BSaol[: 7aL e + wevattl E,orli,ull i :om Ga .leverc lu 1 _snarce Fiamn J'. Fuac _cia aroie�t RC c11aT Meeting Date: 4122, 200 fr00 50 AV PrrPared By Michael Greene Prgent Manager Uote transportation Engineer m, 8 transportation Transportation Services 4I5'Z00]J'.29:a9 PM Mama gen t Approved By Michael Green¢ Project Manager Date lfem monmomn Engineering & Tranaporta[ion 5ervicee 4/6f200]D.2B PM Constrv_tiom Manaaemen[ Approved By Norm E Foam. AI:P trervepurtatlom CP 11an Adoumstrolor Date - .om5erv¢ms lrans:oaCGtion `ier'nces 0.umin. 4'IC- 110- 2'1:P1 Appnn'ed By „a vPUexanmu .._n... .oleo h1c"c' ,- um. Approved Its ,q. dppnwrd Ih' npprov «I III L.,a! «Yin: h 7) cu'll,MillCgm. kna bbl, JSI_ VorttlmnS v....� atron.donavauon 70 L.IE PM. Opp rovrJ By eCoivatt P,roopli P-ovv"t Manager Eat, •I a,, .,p rtahons l­,­c 4 i 40 1W Approved It., Sharon ,Newman ..c,fa,M,e, Shm ism Date motion Servces Tram,ra,Ioem Surel ces Adm:m 4'1T200'1:35 PM Approved Br FaUrbnhara E =eeutive secretary Date 1. ncPOrtaM1On Services >rtador Servicex Admlo 411212007 2. DS PM Apprn.'ed By OM_, GccrCinarz.r kmnnn_naave 4suls.an4 Jc4 ...r hiv MarePe ^c Ofnce _ M' _. 6 Budgie' a r YS? _ as PM Approved By M.;nane Office C'fic, N.Zop,cmi L Bode_t 41 .:r 1 00f IV Approved By tt l,uael Bmykuwski w.. �agm :ctrl F. Hudpel Ovector wm 6—rte ?e'.. Uri Of ' e' naPemen. E Bmogut 4 Annroved Bc Jemeev Mudd Counp v. an =g,i 'varo Baam, of lam, unry Manager's 'R¢e 717 P M 412(0 _omm u....h !Jo. 166`: .AGREEMENT THIS AGREEMENT (the "_Agreement ") is made this day of 2007, by and between the ROYAL WOOD MASTER ASSOCIATION, INC. ( "ROYAL WOOD "), and THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ( "COUNTY "). WITNESSETH THAT: WHEREAS. ROYAL WOOD is a Florida corporation and owner, in part, of a golf course and common areas of that certain real propert;W located in Collier County, Florida more specifically described on composite Exhibits "A" and "D" attached hereto and made a part hereof (hereafter, the "Property "): and WHEREAS. COUNTY desires and plans to install, construct and make improvements on and around the Property consistine of the construction of weirs. box cuh -erts. modifications to existing; canals and the construction or improvement of such other structures to enhance the flow, of stormwater in the area as part of COUNTY's Lely Area Stonnwater Improvement Project ("LASIP"): and WHEREAS, the LASIP is such that it will primarily be located upon and throughout the Property; and in the course of the LASIP COUNTY will necessarily require ingress and egress to move supplies, equipment and personnel to construct and perform maintenance on and throughout the Property; and 'WHEREAS, ROYAL WOOD recognizes and acknowledges COUNTY's need to enter onto the Property to facilitate completion of the LASIP , as well as the need for perpetual easements to enable COUNTY to maintain installed structures related to LASIP; subject to COUNTY providing certain assurances as specified herein pertaining to the preservation of ROYAL WOOD's Property; NOW, THEREFORE COUNTY and ROYAL WOOD hereby agree, for and in consideration of the sum of TEN DOLLARS ($10.00), their mutual covenants contained in this Paee 1 of 9 i'l.ern Nc, 15E" Agreement and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, as follows: 1. Recitals. The foregoing recitals are true and correct and incorporated into this Agreement by this reference. 2. Right of Entrv. ROYAL WOOD, as owner of the Property, does hereby grant to COUNTY a temporary license and right to enter upon the Property more particularly described in Exhibit "A" (Royal Wood Country Club LASIP ERP Application Plans dated September 2006), and Exhibit "D" for construction of culvert structures, pond excavation and other related activities until the LASIP improvements have been concluded on the Property as identified in Exhibit "B" ( LASIP structures construction schedule). This right of entry shall include allowing any necessary temporary driveway access to facilitate entering the Property. The rights and interests granted to COUNTY herein are conditioned upon its reasonable exercise of that privilege and COUNTY and ROYAL WOOD shall coordinate together as to the most effective means of accessing the Property and delivering equipment, materials and personnel to the various construction sites. COUNTY shall not unreasonably interfere with ingress and egress to the Property during the period of construction and maintenance of the LASIP utility and drainage improvements. COUNTY's right of entry upon ROYAL WOOD'S Property is contingent upon no other provisions, conditions, or premises other than those so stated above; and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. If COUNTY does not start actual, physical construction by the date identified in Exhibit "B" then all construction activities contemplated by this Agreement will be postponed until April 2008, according to a detailed schedule to be mutually agreed upon by the parties to this Agreement, and this Agreement and all associated exhibits will remain in effect under the new start date. COUNTY agrees that, should any improvement contemplated by this Agreement not be completed by September 2, 2007, ROYAL WOOD shall have the right to require, by written notice, that all construction and work hereunder be stopped, all supplies and materials that are not installed in their final location be removed or relocated to a mutually agreed upon location on the Property, and all equipment be removed or relocated to a mutually agreed upon location on Page 2 of 9 G7 the Property. In the event ROYAL WOOD elects to provide such a written notice pursuant to this paragraph, COUNTY may resume construction in April, 2008, according to a detailed schedule to be mutually agreed upon by the parties to this Agreement. The COUNTY and ROYAL WOOD agree to conduct status meetings at mutually convenient times, but not less than bi- weekly beginning with the date of this Agreement, at which meetings COUNTY agrees to provide all known information relating to the progress, schedule and anticipated events concerning the construction of the improvements contemplated by this Agreement. 3. COUNTY. In connection with COUNTY's LASIP on the Property it agrees to undertake the frillowim': A. COUNTY will construct LASIP Weir Structure LCB- 00- 50150. as part of the Santa Barbara Boulevard Extension Road Project (hereafter, the "Road Project'), which structure will be located at the southwest comer of the Property adjacent to Rattlesnake Hammock Road as depicted on Exhibit "A." B. COUNTY will undertake all reasonable efforts to construct LASIP Box Culvert LCB- 13- S0090(P), which it contemplates locating north of the midpoint of the Property, along and upon the western boundary of the Property alongside the west side of the fairway as depicted on Exhibit "D." Construction of LASIP Box Culvert LCB- 13- S0090(P) is not bound by the schedule in Exhibit "B," but shall be constructed as identified in the LASIP Master Plan. COUNTY will compensate ROYAL WOOD for the reasonable costs for restoring its golf course facilities, which may be disturbed during construction of structure LCB- 13- S0090(P). As to anv such repairs, ROYAL WOOD shall provide COUNTY with the repair bid and shall be suhiect to final approval by COUNTY, which final approval shall not be unreasonably withheld. C. COUNTY will construct LASIP Structures LCB- 00- S0151, LCB -00- 50153, LCB- 00- S0154, LCB- 00- S0155, LCB- 00- SO156, LCB- 00- S0157, and LCB- 00- S0158, as part of Page 3 of 9 'jenda Item D!o '5 °2 ;;aril -4. 2D57 a.e7c.,49 the Road Project, all of which are located on the Property as identified in Exhibit "A." COUNTY will file all and any necessary applications with the SFWMD to amend the ROYAL WOOD water management permit, with ROYAL WOOD'S cooperation and assistance, if necessary, to provide for the construction of the aforementioned structures referenced in Exhibit "A" and "D." D. COUNTY will construct right -in right -out access, including a 2" sleeve under the pavement at the maintenance facility extending out onto Santa Barbara Boulevard from the Property in the vicinity of the east/west alignment of Polly Avenue and the existing turnout from the Property. Design standards for low volume access allows for a 50' radius curb return in lieu of a deceleration lane. The exit shall be used for normal egress and the entrance shall be gated and signed for "Emergency Use Only ". E. COUNTY is responsible for filing, all necessary applications with the South Florida Water Management Disn-ict ( "SFVA7MD ") to: (i) Amend the ROYAL WOOD water management permit, if necessary. to provide for the construction of the aforementioned structures; (ii) Seek approval from the SFWMD to combine Structures LCB- 00 -S0158 and LCB- 00- S0159, which are located near the ROYAL WOOD maintenance facility, into a single structure that would be identified as LCB- 00- S0158; and (iii) Seek approval from the SFWMD to allow for additional excavation to deepen a portion of the pond (swale) located approximately 300' upstream from Structure LCB- 00 -S0155 so as to provide for a permanent pool of water year- round. To the extent that ROYAL W OOD's cooperation and assistance is required to obtain approval on any of the applications submitted to the SFWMD, upon request by COUNTY, ROYAL WOOD shall provide such assistance as is reasonably required. F. COUNTY will pay for all permit and application fees pertaining to its LASIP improvements. Page 4 of 9 .�.� °f63 c Item �'•:7. iS�_ G. COUNTY agrees to compensate ROYAL WOOD for reasonable restoration costs in the event the Property's grounds are disturbed as a result of entering and accessing the Property as stated in paragraph number two (2) and for construction of those Structures identified in paragraph three (3)(A), (3)(B), (3)(C), (3)(D) and (3)(E)(iii) above. As to any such repairs, ROYAL WOOD shall provide COUNTY with the repair bid, currently estimated at $600,000.00, which shall be subject to final approval by COUNTY. IT COUNTY agrees to participate with ROYAL WOOD for fair share costs in the design and replacement of the timber bridge. This timber structure shown in Exhibit "D" is failing and needs to be replaced. In cooperation with ROYAL WOOD Properties, as compensation for granting an easement for installation of Box Culvert LCB- 13- S0090(P), fair share costs are to be agreed to between ROYAL WOOD and the COUNTY at such time there is sufficient design and engineering completed on the bridge to develop a cost estimate. COUNTY shall coordinate with ROYAL WOOD prior to issuance of the construction Notice -to- Proceed for the bridge. The bridge shall be completed in coniunctiou with the installation of Box Culvert LCB- l3- S0090(P), but not later then October 2010. COUNTY agrees that advance notice will be given to ROYAL WOOD and that access for maintenance operations will be fully coordinated bctween the parties and subject to ROYAL WOOD'S final approval, which final approval shall not be unreasonably withheld. COUNTY agrees to compensate ROYAL WOOD COUNTY for reasonable restoration costs in the event the Property's grounds are disturbed as a result of entering and accessing the Property for maintenance. As to any such repairs, ROYAL WOOD shall provide COUNTY with the repair bid, which shall be subject to final approval by COUNTY, which final approval shall not be unreasonably withheld. 4. ROYAL WOOD. In connection with COUNTY's LASIP on the Property: A. ROYAL WOOD agrees to convey to COUNTY a perpetual easement permitting COUNTY to enter, access and install and maintain the LASIP Weir Structure identified as LC13- 00 -SO150 on Exhibit "A." B. ROYAL WOOD agrees to convey to COUNTY a perpetual casement to enter, access, construct, and maintain a channel extension from the existing pond located at the northeast Page 5 of 9 ,turn No 16E? ,4pni 24, 2007 Pac- c of 49 comer of the Property extending north to LASIP Structure LCB- 00 -S0160 as identified on Exhibit "A." C. ROYAL WOOD agrees to convey to the COUNTY a perpetual easement to enter, access, construct and maintain the box culvert along the west property line identified as LCB -13- 50090(P) on Exhibit "D." D. ROYAL WOOD agrees to convey to the COUNTY a perpetual easement to enter, access, construct and maintain box culverts identified as LASIP Structures LCB- 00- S0151, LCB- 00- 50153, LCB- 00- S0154, LCB -00- 50155, LCB -00- 50156, LCB- 00- S0157, and LCB- 00 -S0158 on Exhibit "A." E. ROYAL WOOD shall convey the perpetual easements referenced in paragraphs 4(A) (B) (C) and (D). at no cost to COUNTY, within thirty (30) days from the execution of this Agreement pursuant to the Easement Agreement attached hereto as Exhibit "C." ROYAL WOOD represents to COUNTY that the Easement Properties encumbered by the Easement Agreement attached as Exhibit "C" are free and clear of all liens and encumbrances, except as noted in the Title Search Report dated February 22. 2007 (Attorneys' Title Insurance Fund, Inc. File Number 64- 2007 -760) and attached hereto as Exhibit "E ". F. ROYAL WOOD shall cooperate and execute all SFWMD permit modification applications) reasonably necessary to authorize the COUNTY to act on ROYAL WOOD's behalf in processing such application(s) for approval. G. ROYAL WOOD agrees that any internal gates or fencing provided and installed by ROYAL WOOD as part of the connection must be operational within six (6) months from the date of substantial completion of the Road Project. H. COUNTY shall pav for any and all permit and application fees associated with or pertaining to any repair and rehabilitation work to its golf course. I. All information provided by ROYAL WOOD for use in connection with this Page 6 of 9 sa'. li Agreement is assumed as true and accurate. Any claims or delays that may arise from differing facts or conditions shall not be suffered at COUNTY's expense nor shall County be responsible to correct. 5. Maintenance of LASIP Improvements. COUNTY shall have the sole responsibility to maintain and repair in a proper, substantial, and workmanlike manner, the LASIP structure improvements it constructs and locates on the Property. ROYAL WOOD shall be solely responsible for the maintenance of the replacement bridge, all interior lakes, and other related water management concerns located upon the Property. 6. Indemnification. To the extent provided by ]aw, COUNTY shall indemnify, defend. save and hold harmless ROYAL, WOOD from and a,,ainst anv clam;. damaLc, cost, charge or expense arising out of any act, error, omission, or negligent act by COUNTY, its agents or employees during the performance of the Agreement, including but not limited to any such claims, damages, costs.. charges, or expenses related to compliance with South Florida Water Management District requirements specific to the modifications made under the LASIP permit modification as a direct result of the work to be performed under this agreement, except that neither COUNTY, its agents, or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge or expense arising out of any act, error, omission, or negligent act by ROYAL WOOD or any of its officers, agents or employees during the performance of this Agreement. This indemnification provision shall not be construed as a waiver of sovereign immunity or any limitation of liability to which the County may be entitled under Section 768.28, Florida Statutes. 7. 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 Page 7 of 9 r.`IIll �c ! °M %1r n; 2'X'7 �aje cf ;9 courier or telecopier or facsimile transmission, or sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Collier County: Collier County Stormwater Management Attn: Eugene Calvert, P.E., Director 2885 South Horseshoe Drive Naples, Florida 34104 Phone: (239) 774 -8192 Facsimile: (239) 659 -5790 With a copy to: Collier County Attorney Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34112 Phone: (239) 774 -8400 Facsimile: (239) 774 -0225 If to ROYAL WOOD: Royal Wood Master Association, Inc. c/o Royal Wood Country Club Attn: Board President or Chairman 4300 Roval Wood Blvd. Naples, Florida 33912 Phone: (239) 774 -2213 Facsimile: (239) 774 -4104 With a copy to: Becker & Poliakoff, P.A. Attn: Gregory Marler, Esq. 4501 Tamiami Trail North, Ste. 214 Naples, Florida 34103 Phone: (239) 261 -9555 Facsimile: (239) 261 -9744 Any notice, demand, request or other connnunication shall be deemed to be given upon actual receipt in the case of hand delivery, facsimile or telecopier transmission, or delivery by overnight courier, or four (4) business days after properly depositing the same in registered mail for delivery by the United States Postal Service. Any notice sent via facsimile transmission received after 5:00 p.m. Eastern Standard Time shall be deemed to have been given on the Page 8 of 9 _ Y , following business day. For purposes of delivering and receiving any notices, demands, requests or other communications under this Agreement, the attorneys for COUNTY and ROYAL WOOD may directly contact each other and are expressly authorized to give and receive any notice, demand and request or to make any other communication pursuant to the terms of this Agreement. The addressees and addresses for purposes of this section may be changed by either party by giving written notice of such change to the other parry as provided herein. 8. Benefit /Burden. The rights and obligations created hereby shall run with the land and shall inure to the benefit and burden of ROYAL WOOD and COUNTY and their respective successors and /or assigns. 9. Governing Lail . This Agreement is governed and construed in accordance with the laws of the State of Florida. 10. Recording. This Agreement shall be recorded in the Public Records of Collier Countv. Florida. IN WITNESS WHEREOF, the ROYAL WOOD and COUNTY have respectively caused these presents to be executed the date and year first above written. SIGNED AND ACKNOWLEDGED IN THE PRESENCE OF: (Print Name: (Print Name: STATE OF FLORIDA ) ) ss. ROYAL WOOD MASTER ASSOCIATION, INC. By: Print Name: Date: Page 9 of 9 L%i e�i --a iiei1-1 N ,,.b 'n 2. pp•1� 21' 20( % Page COUNTY OF COLLIER ) The foregoing instrument was acknowledged before me, this of 2007, by , the of the Royal Wood Master Association, Inc., Collier County, Florida, who is ( ) personally known to me or ( ) has produced as evidence of identification. (SEAL) .ATTEST: Dwight E. Brock, Clerk Approved as to form and legal sufficiency: Scott R. Teach, Assistant County Attorney NOTARY PUBLIC Name: (Type or Print) My Commission Expires: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY. FLORIDA z .Tim Coletta. Chairman Date: Page 10 of 9 1I I- � L2 O Q - v 0 IPJx mK R ° t I U.N.M.M.M. -2 7 ZZ4 O ti 7 2 v a. No of -r c a Ir It low aim 3n .... 0, ...... 1 . 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IPi li o .I J Z Q e <; e � alaia� €g¢ O ' s � L yGd m C N a El M M Y Q 9 `w 0� ` r 6 la � a o Olm 3 ml h v' y N P. Y fJ y N N � N N n � m _ T C o I C C N 4i y p (! Go U, [n U IV lG 4i IV - Q4 ry ✓l - LL li ii l� li li lei I C C N 4i y p (! Go U, [n U 4xt. 2 -,. 2007 =aa-- 39 0 ., 9 Exhibit "C" EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into by and between ROYAL WOOD MASTER ASSOCIATION, INC., (hereinafter referred to as "Owner "), whose mailing address is 4300 Royal Wood Blvd., Naples, Florida 33912, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "County "), whose mailing address is 3301 Tamiami Trail, Naples, Florida 34112. WHEREAS, County requires the following perpetual easements located over, under, upon and across Owner's property, to wit: (1) a perpetual easement permitting County to enter, access and construct and maintain the LASIP Weir Structure LCB -00 -50150 located at the southwest comer of the Owner's property; (2) a perpetual easement permitting County to enter, access, construct and maintain a channel extension starting from the existing pond located at the northeast corner of the Owner's property extending north to LASIP Structure LCB -00- 50160; (3) a perpetual easement to enter, access, construct and maintain the box culvert along the Owner's west property line identified as LCB- 13- S0090(P);and (4) a perpetual easement to enter, access. construct and maintain box culverts on the Ovrner's property identified as LASIP Structures LCB- 00- SO151, LCB -00- 50153. LCB -00- 50154. LCB- 0()-SOJ �5. LCB- 00- SO156. LCB- 00- S0157. LCB -00 -50158 and LCB- 00 -S0159 (collective] \. the "Easement;'). "fhe exact locations and legal descriptions of each of the aforementioned Easements are more specifically identified on Exhihit ".A." which is attached hereto and made a pan of this Aug eement. WHEREAS. Owner desires to convey the Easements to Counter for the staled purposes. on the terms and conditions set forth herein said terms including that no compensation shall be due and payable for the Easements requested by County. NOW THEREFORE. in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration. the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. The Parties hereby agree that the above recitals are true and correct and are otherwise incorporated herein by reference. 2. Owner shall grant the Easements to County in a form acceptable to Count and at no cost to the County.. except as otherwise stated herein. 3. Owner represents to County that said Easement Properties are free and clear of all liens and encumbrances. 4. Owner shall pav for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, title commitments and recording costs for any curative instruments shall be bome and paid by Owner. 5. This .Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and /or assiLmees, whenever the context so requires or admits. 6. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated herein; and the written Agneement, including all _. exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undcrtaking , promises, arra uics, or cwcnants no, contained herein. Easement Agreement Page 2 If the Owner holds the property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the property= held in such capacity is conveyed to County, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517. Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 280, Florida Statutes.) Any failure to enforce any provision contained herein or subsequently recorded as provided hereunder shall in no may he deemed a waiver of the right to do so thereafter. The invalidity, violation, abandonment or waiver of any one or more of any of the provisions hereunder shall not affect or impair the remaining potions of this Agreement. 9. This .Agreement is _governed and construed in accordance mith the laws of the State of Florida. IN Wl l'NESS WHEREOF. the parties hereto have executed this Agreement on this darof .'Utt'_ DATED. .,ATTEST: DWK9 HT E. BROCK. Clerk Deputy Clerk Approved as to form and legal sufficiency: Scott R. Teach, Assistant County Attomev BOARD OF COtATY COMMISSIOAERS COLLIER COLA1 -1 FLORIDA BY _ lames \. Coletta. Chairman Easement Agreement AS TO OWNER: DA Witness (Signature) Name: Witness (Sig ature) Name: STATE OF FLORIDA ) ss. COUNTY OF COLLIER ) ROYAL WOOD MASTER ASSOCIATION, INC. By: _ Print Name: 4eenc;a Ism 1,,jr�. 1 B E 2 ' <) -C °4 2007 Page 3 The foregoing instrument Naas acknowledged before me, this of 2007_ hx , the _ _T _ of the Royal Wood Master Association. Inc.. Collier County. Florida. who is ( ersonally known to me or ( I has produced as evidence of identification. (SEAL) NOTARY PUBLIC (Type or Print) Me Commission Expires: €w E -f^�vS o e.. tit '+= -�6 di'i� f�� = —a,�, feffa dff __ _ I a� �g - -` - -- �, c c:: ', — v, m° 4 O � � O �� 1 �� N,° TITLE SEARCH REPORT Fund File Numher: 64 -2007 -760 The information contained in this title search is being furnished by Attorneys' Title Insurance Fund, Inc. If this report is to be used by a title insurance agent for evaluation and determination of insurability by the agent prior to the issuance of title insurance, then the agent shall have liability for such work. Provided For: Becker & Poliakoff PA Agent's File Reference: R06702 After an examination of this search the Agent must. A. Evaluate all instruments, plats and documents contained in the report. B. Include in the Commitment under Schedule B, any additional requirements and/or exceptions you.fhnd necessay from your analvsis of the surveys, prior title evidence or other relevant information from the transaction. C. Veri .1, the status of corporations and limited partnerships and other business entities with the appropriate governmental agency or other authority. D. Determine whether the property has legal access. E. Determine if aqy unpaid municipal taxes or assemnentc twist, which arc not recorded ill the Official Records Boobs of the county-. F. Determnine whether ap portinrr of the property is suhmerged or art{ficially filled, if the property borders a bode of water, and df'riparian or littoral rights exist. G. The information provided herein does not include a search of federal liens and judgment liens filed with the Florida Department of State pursuant to Sec. 713.901, et seq., F.S., and Sec. 55.201, et seq., F.S., respectively, which designate the Florida Department of State as the place far filing federal liens and judgment liens against personal propero-. For insuring purposes: (a) Pursuant to Sec. 713.901, et seq., F.S., personal property includes, but is not lindled to, mortgages, leaseholds, mortgages on leaseholds, interests in cooperative associations, vendees' interests, and options when those interests are held by a partnership, corporation, trust or decedent's estate; and (b) Pursuant to Sec. 55.201, et seq., F.S., personal property includes, but is not limited to, leaseholds, interests in cooperative associations, vendees' interests, and options regardless of the type of entity holding such interests, including individuals. (Note: Mortgages have been specifically excluded from the personal properly interests is which a judgment lien map be acquired under the provisions ofSec. 55.201, et seq., F.S.) Prepared this 22nd day of February, 2007. Attorneys' Title Insurance Fund, Inc. Prepared by: Linda M. Fox Phone Number: 239 -774 -2627 Pane 1 of 7 TITLE SEARCH REPORT Fund File Number: 64 -2007 -760 Effective Date of Fund approved base title information: Amaust 1, 1962 Effective Date ofSearch: February 19. 2007 at 11:00 PM Apparent Title Vested in: ROYAL WOOD MASTER ASSOCIATION. INC., a non -profit Florida corporation Description of real properh, to be insured /foreclosed situated in Collier County, Florida. PARCEL I: Tract N. Royal Woods Golf and Country Club. Unit 1. according to the plat thereof as recorded in Plat Book 15. Page 16. Public Records of Collier Countv. Florida. PARCEL 2: Tract N. Ronal V oods Golf and Counn� Club. Unit 2_ according to the plat thereof as recorded in Plat Book 15. Page 19. Public Records of Collicr Countv. Fiorda. PARCEL3: Tract N. Royal R oods Golf and CounuT Club. Unit 3. according to the plat thereof as recorded in Plat Book 15. Pad *c 95. Public Records of Collier Countv. Florida. ,11uniments of Title, including bmikruptcr, foreclosure, quiet title, probate, guardianship and incompetency proceedings, if any, recorded in the Of Records Books of the rnunlr: 1. Trustee's Deed from Barnett Banks Trust Company. N.A., as Successor Trustee under land Trust No. 50 -407 to Elba Development Corporation, a Florida corporation, recorded October 26, 1907, in O.R. Book 1304. Page 1039, Public Records of Collier Countv. Florida. 2. Trustee's Deed from Barnett Banks Trust Company. N.A., as Successor Trustee under Land Trust No. 50 -407 to Lynne Hixon -1 lollev, as Successor Trustee under the Last Will and Testament of William Dag Hixon, recorded October 26, 1987, in O.R. Book 1304, Paee If Public Records of Collier Countv, Florida. 3. Special Warranty Deed from Lynne Ilixon- Hollev, as Successor Trustee under the Last Will and Testament of William Day Mixon to Elba Development Corporation, a Florida corporation, recorded October 26. 1987. in O.R. Book 1304. Page 1045, Public Records of Collier County, Florida. Pare 2 of 7 �n;iG sm tvc - TITLE SEARCH REPORT Fund File Number: 64- 2007 -760 4. Quit -Claim Deed from Walter Rogers, Individually and as Trustee under Declaration of Trust dated 12/14/1979 to Elba Development Corporation, a Florida corporation, recorded October 29, 1997, in O.R. Book 1304, Page 1046, Public Records of Collier County, Florida. 5. Quit -Claim Deed from William E. Townsend to Elba Development Corporation, a Florida corporation, recorded October 26, 1987, in O.R. Book 1304, Page 1048, Public Records of Collier County, Florida. 6. Quit Claim Deed from Jack M. Moon and Virginia B. Moon to Elba Development Corporation, a Florida corporation, recorded October 26, 1967, in O.R. Book 1304, Page 1050, Public Records of Collier County, Florida. 7. Quit Claim Deed from William T. Barrett, Jr. to Elba Development Corporation, a Florida corporation, recorded October 26, 1987, in O.R. Book 1304, Page 1052, Public Records of Collier County, Florida. S. Quit Claim Deed from Robert T. Benson, Jr. to Elba Development Corporation, a Florida corporation, recorded October 26, 1987, in O.R. Book 1304, Page 1054, Public Records of Collier County, Florida. 9. Quit Claim Deed from William H. Buckhannan, III to Elba Development Corporation. a Florida corporation, recorded October 26, 1987, in O.R. Book 1304, Page 1056, Public Records of Collier County. Florida. 10. Quit Claim Deed from Pamela J. Goodman Forth to Elba Development Corporation, a Floridh corporation, recorded October 26, 1987, in O.R. Book 1304, Pace 1058, Public Records of Collier County, Florida. 11. Quit Claim Deed from Debra Goodman Navaho to Elba Development Corporation, a Florida w corporation, recorded October 26. 1987, in O.R. Book 1304, Page 1060, Public Records of Collier County, Florida. 12, Quit Claim Deed from Flagship Bank of Miami. as Trustee of the Robert Goodman Trust to Elba Development Corporation, a Florida corporation, recorded October 26, 1987, in O.R. Book 1304, Paue 1062, Public Records of Collier County, Florida. 13. Quit Claim Deed from J. 'Chad Moss to Elba Development Corporation, a Florida corporation, recorded October 26, 1987, in O.R. Book 1304, Page 1064, Public Records of Collier County, Florida. 14. Connective Quit Claim Deed from Sun Bank /Miami, N.A., f/k/a Flagship Bank of Miami and Bennie Ruth Goodman as Co- Trustees of the Robert Goodman Trust to Elba Development Corporation, a Florida corporation, recorded December 2, 1987, in O.R. Book 1312, Page 1863, Public Records of Collier County, Florida. 15. Special Warranty Deed from Elba Development Corporation, a Florida corporation to Royal Wood Master Association, Inc., a non - profit Florida corporation, recorded January 16, 1991, in O.R. Book 1586, Page 219, Public Records of Collier County, Florida. Mortgages, Assignments and Modifications: None Other Property Liens: Property Taxes are waived by the Board of County Commissions. Page 3 of 7 TITLE SEARCH REPORT 7 �` Fund File Number. 64-2007-760 Restrictions /Easements: 1. PARCELS 1, 2 AND 3 2. Resolution recorded in O.R. Book 668, Page 508, Public Records of Collier County, Florida. 3. Warranty of Easement Rights recorded in O.R. Book 1163, Page 661, Public Records of Collier County, Florida. 4. Agreement for Operation and Maintenance of Surface Water Management Systems recorded in O.R. Book 1310. Page 1244 and re- recorded at O.R. Book 1318, Page 1853, Public Records of Collier Countv, Florida. 5. Easement recorded in O.R. Book 1355, Page 929, Public Records of Collier Countv, Florida. 6. Covenants, conditions, and restrictions for Roca] Wood Golf &- Countv Club recorded in O.R. Book 1371. Page 54. O.R. Book 13W. Page 1742. O.R. Book 1928. Paire 563. O.R. Book 2664, Pace 359 and O.R. Book 3763, Pate 2736. Public Records of Collier County, Florida. " °hich contain provisions creating easements and or assessments. 7. Covenants. conditions. and restrictions recorded in O.R. Book 1395, Page 523, amended in O.R. Book 1476. Paae 2304, O.R. Book 2 >07, Pagc 1679, O.R. Book 2551, Page Sol. O.R. Book 2561, Pace 2148 and O.R. Book ,220. Paae 15 75. Public Records of Collier Countv. Florida, which contain provisions creating easements and or assessments. S. Deed recorded in O.R. Book 2410, Page 270, Public Records of Collier Countv, Florida. 9. Resolution No. 96 -593 recorded in O.R. Book 2270. Page 1195, Public Records of Collier Countv. Florida. 10. Encroachment Agreement recorded in O.R. Book 2701, Page 346, Public Records of Collier Countv, Florida. 11. Subject to all assessments levied by the Condominium %Homeowner Association. 13. Any loss or damage caused by a lien for assessments pursuant to Sec. 718.116 (5) (a), F.S., notwithstanding assurances to the contrary in any attached Florida Endorsement Form 9. 13. Note: The subject property appears to border on a body of water. 14. AS TO PARCEL 1 ONLY: 15. All matters contained on the Plat of Royal Wood Golf and Country Club, Unit One. as recorded in Plat Book 15. Page(s) 16, Public Records of Collier County, Florida. 16. Easement recorded in O.R. Book 116, Page 531, Public Records of Collier County, Florida. 17. Subordination of Encumbrance to Property Rights to State of Florida recorded in O.R. Book 209, Page 55, Public Records of Collier County, Florida. 18. Utility Easement recorded in O.R. Book 1304, Page 1067, Public Records of Collier County, Florida. 19. Warranty Deed recorded in O.R. Book 1387. Page 1166, Public Records of Collier County, Florida. 20. Easement recorded in O.R. Book 4108, Page 3214, Public Records of Collier County, Flnr_irin 21. AS TO PARCEL 2 ONLY Page 4 of 7 TITLE SEARCH REPORT -t' of °'i Fund File Number: 64 -2007 -760 22. All matters contained on the Plat of Royal Wood Golf and Country Club, Unit Two, as recorded in Plat Book 15, Page(s) 19, Public Records of Collier County, Florida. 23. Assignment of Declarant's Rights recorded in O.R. Book 1662, Page 2105, Public Records of Collier County, Florida. 24. Warranty Deed recorded in O.R. Book 1408, Page 244, Public Records of Collier County, Florida. 25. AS TO PARCEL 3 ONLY 26. All matters contained on the Plat of Royal Wood Golf and Country Club Unit Three, as recorded in Plat Book 15, Page(s) 95, Public Records of Collier County, Florida. 27. Assignment of Declarant's Rights recorded in O.R. Book 1662, Page 2105, Public Records of Collier County, Florida. Other Encumbrances: None REAL PROPERTY TAX INFORMA'T'ION ATTACHED Proposed Purchaser /Mortgagor: The name of the proposed purchaser ✓mortgagor was searched for the past twenty years for unsatisfied judgntents and tax liens (state, federal and other liens for the recovery of mone1) and personal names were checked utrrestorcd incompetency and.for guardianship proceedings. The fallowing matters appeared of record and copies are attached.for evaluation by the agent: None STANDARD EXCEPTIONS Unless satisfactory evidence is presented to the agent eliminating the need for standard exceptions, the following should be made a part of any commitment or policy. Taxes far *he year of the effective date of this policy and taxes . ^,r �,eci»I assessments :vhich are not shown as existing liens by the public records. Page 5 of 7 TITLE SEARCH REPORT Fund File Number: 64 -2007 -760 2. Rights or claims gfparties in possession not shown by the public records. 3. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 4. Easements or claims of easements not shown by the public records. 5. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 6. Any owner policy issued pursuant hereto will contain under Schedule B the _following exception: Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled and toWficialt, ewposed lands, and lands accreted to such lands. 7. Federal liens and judgment liens, if ap•, filed with the Florida Department of State pursuant to Sec. 713.901, et seq., F.S., and Sec. 55.201, et seq., F.S., respectively, which designate the Florida Department of State as the piace.for filing federal liens and judgment liens against personal property. For insuring purposes: (a) Pursuant to Sec. 713.901, et seq., F.S., personal property includes, but is not limited to, mortgages, leaseholds, mortga,,,es on leaseholds, interests in cooperative associations, rendee.s' interests, and options when those interests are held by a partnership, corporation, trust or decedent's estate; and (b) Pursuant to Sec. 55.207, et seq., F.S., personal property includes, but is not limited to, leaseholds, interests in cooperative associations, vendees' interests, and options regardless of the type of entity holding such interests, including individuals. (,Vote: Mortgages have been specifically excluded front the personal property interests in which a judgment lien nay- be acquired under the provisions of See. 55.201, et seq., F.S.) 8. Ant, lien provided fiy Count' Ordinance at- by Chapter 159, Florida Statutes, in favor of any city, town, village or pmt authority, fen- unpaid service charges for services by any water systems, server systems or -as. tisterms serving the land described herein; and any lien for waste fees in favor of any county or municipality. This report does not cover rnaners.fded in the Federal District Courts of Florida EXCEPT FOR BA>A'hRUPTCl'PROCEEDINGS.fded prior to October 7, 1984, when the property lies in either DADE, DUYAL, HILLSBOROUGH, LEON OR ORANGE COUNTY. In foreclosure proceedings, title should be examined between the effective date of this report and the recording of the lis pendens to assure that all necessary and proper parties are joined. Consideration should be given to joining as defendants at, persons in possession, other thhan the record owner, azd ant' pities, other than those panted herein, known to the plaintiff or the plaintiffs attorney and having or claiming an interest in the property. Page 6 of 7 ^3�..1i �i'24. "IV i TITLE SEARCH REPORT Fund File Number: 64 -2007 -760 Prior to issuance of any policy of title insurance m:derwritten by the Company, the agent must obtain and evaluate a title search for the period between the effective date of this Title Search Report and the recording date(s) of the instruments) on which the policy is based If this product is not used for the purpose of issuing a Fund policy, then the maximum liability for incorrect information is $1,000. Note: The Fund Agent is responsible for obtaining underwriting approval on any commitment prepared from this product in the amount of $3,000,000.00 or more. Pape 7 of 7 Agenda Item No. 16B3 April 24, 2007 Page 1 of 3 EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to approve a budget amendment to recognize revenue received for the FY07 5309 Federal Transit Authority (FTA) grant for $238,000. OBJECTIVE: For the Board of County Commissioners to approve a budget amendment to recognize revenue received for the FY07 5309 Federal Transit Authority (FTA) grant for $238,000. CONSIDERATIONS: Collier County Transportation — Collier Area Transit submitted a request for Section 5309 funding to the Special Appropriations Subcommittee. Collier Area Transit (CAT) was awarded $238,000 in funding FY2007 from the Federal Transit Administration. The funds are available for the rehabilitation and the construction of bus- related transfer facilities. The Grant will need to still be applied for following the receipt of a toll revenue credit letter from Florida Department of Transportation. FISCAL IMPACT: It should be recognized that the grant award referenced above in the amount of $238,000 is a reimburseable capital projects grant allocated on a discretionary basis. The funds remain available for obligation for three years. In approving this item, the BCC is providing authorization to approve the budget amendment to receive and use these grant dollars. The required budget amendment will recognize grant revenue and establish the necessary expense budget within Collier Area Transit Fund (426). GROWTH MANAGEMENT IMPACT: Consistent with Objective 12 of the Transporation Element of the Growth Management Plan. RECOMMENDATION: To approve a budget amendment to recognize revenue received for the FY07 5309 Federal Transit Authority (FTA) grant for $238,000. Prepared By: Sue Faulkner, Principal Planner, Altemative Transportation Modes Department Agenda Item No. 1683 April 24, 2007 Pace 2 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS -- Item Number: 1583 Item Summary: Recommendation for the Hoard of County Commissioners to approve a budget amendment to recognize revenue received for the FY075309 Federal Transit Authority (FTA) grant for $238000 Meeting Date: 412412007 9:90 00 AM Prepared By Sue Faulkner Principal Planner Date Transportation Services Altem,ria, Transportation you. 419120074:48:0) PM Approved By Norm E. Feder AICP Transportation Division Administrator Dare Transportation Services Transportation Services Atlmi, 4110120072:13 PM Approved By Scott R. Teactt Assistant County Attorney Data County Attorney County Attorney Office 411012007 2:25 PM Approved By Barbara LaPlerR ManagerrrmVBOdget Analyst Data Transportation Services Traffic Operations Cl W2007 10:24 AM Approved By Sbaron Newman Accounting Supervisor Date Transportation Services Transportation Services Atlmin 4112200711: 19 AM Approved By Diane B. Flagg Director ATM Director Date Tranoonation Servicos Aitemabve Tgrid.no tlon Modes 4112120071132 AM Approved By Pat Lehnhand E,o,orve Secretary Dace Transporatien5ervices Transportation Services Atlmin 4112120072'. 39 PM Approved By OMB COardluotor Administrative Assistant Data County ldmser's Office Office of Management S Budget 4132120072: 42 PM Approved By Mar lsackson Budget Analyst Data County Managers Off.. Office of Management 8 Budget 411612007 5:39 PM Approved By James V. Mudd County Manager Date Board of County County Manager's Office 4117120071:19 PM Commissioners -�,ca`1 ]c o FEDERAL TRANSIT ADMINISTRATION 4 d 13 C2 M TABLE 12 Z N FY 2007 Section 5309 Bus and Bus Fac)tityAJWcations Fall w Q SAFETEArLU Stab EanrwrkD Prelwt No. Projectp ampbon Mpcadpn � Cr E200741USP -0164 270 Vamon, Cwnec9M4hdamrody Canter, PaMhnp artl Shsebmpes 1,524,646 C CT E20074i115P -0165 657 Wabrbay, C7 as Matnbnrnm Fady 2,300,000 DE E2007- &1SP-0166 169 Dehavamok tmAy of Dabawe Fuel Col Bra Depfp uwg 100320 R E2007AUSP4H67 470 Say cony. FL- Trandl Fanny I 476,000 FL E20074RW-0166. 297 Wvw d County. FL - Pudrae Buses aM w shuct bus Hri n - 401,280 FL EM749" -M69 69 Bnnm Co nly, FL Bran 6 Bus Firitla 1,304,160 FL E200743USP -0170 479 Browrd Cpuey4 a ad On Faribs 476,000 FL EMOT- BUSP4H71 177 Bnnmd, FL Pudase nave w*mkftd buses ad tam atop bpvmnwta on Stab Rood 7. (SR 7) 100,320 ... Goban Ghrda' emel rl9e ad Gbdes Rmd FL E2007 -BUSP -0172 439 Cer*W Flm CdnnsM Rah Memndal sibs ' 1.603200 FL E21074KISP-0173 453 Cenhal FbrMa Cwmubr Rat hAmwo l FwPan 720,000 FL E20W-OUSP-0174 4as Cenhal Fb" Repbul Trruporbtvn&*=%Lym( as Fhw F Pmpwrn 1.190.000 FL E2007.0" -0175 498 Cy of GabsavOe R"bnd Twntl Syabm Faddy EVwWm 238DOO FL E20074XJSP -0176 606 Coder County TmnWTmnk Faddy 23BA00 FL E20074115P411T7 23 Cormbuct Mnurod kwaporbbn 6 padarp tadky, ay eswater Park, Fbdde 100,320 FL E2D0748USP -0178 80 Fbgbr Cmay, Fbrba-bus !achy 120,384 FL E2W743USP-0179 527 19"Wa Depwknerrt of Trwrpwb DP4P*n Onch Cow* Repbmpwd Bores 238 000 FL F200T4i11SP -0180 344 Gatasvae, FL &a Fariy EWmubn 802,660 FL E2007- BU5P-0181 213 Gain s , FL Bus Rapd Trent S" 100.320 FL E200747USP-0182 95 Gahnsvaa, FL On Repbosnrant 602,560 FL E20074NJSP -0193 636 HftWm h Ares Regional Tris"m RwU TraW W*m-lrmds 476,000 FL E20DT -D P -0184 539 Hasbo m atL FL H6bawih Aran ,w0x TrmeAWW* 1,000,000 FL E200743USP -01a5 546 Jacharvae Traarpufebon AUtwtt4ka Fast Reptamm WW Equ0nw4 1.190.000 FL E2007 -BUSP -0186 306 Jack o , FL On Repbw rm.M 1,404,480 FL E2007471/5P -0167 107 Jacksmvae, FL Pratranst Vehbbs 902,680 FL E2007-KW-0188 549 JadmorvA a,FLTransporb6onlulmWWParahwet F4o9ran 0 FL E2007-O&W- H89 556 Lahebnd Ada Mors Trost DiwicVCtva CoraacimCaptel Fum* Needs 476M FL E20W-iUSP -0190 238 Levy Couty, 2rdnsal drah egnNPed passanpi lewdad salad aprprrad 60,192 FL E20074WSP-0191 103 LWWOwd, FbdOaCwntuct hrbn w"TmmWmbfvn FacRy 100}20 FL E2W7 -BU9P -0192 306 Mind Dad, FL N.W. 71h Avenue Trost Nub 601,920 FL F2007- BUSP4193 211 Lk -")wk Crony, Fbdda-0wa ad bus bdiees 1,303.610 Fl. E20DNiUSP -0194 432 MvmWadn Crony, FbWa -bads and bus bd8ias 602,560 FL EMD SP -0195 133 VwnR)da Cwdy, FbMtTmmk Seal6y SyM m 599,914 FL EM74WSP-0190 580 hTa "Mmle Tmrst 79r Avenue NW Trans6 Hub 238 ,000 FL E2%1743USP -0197 454 hbm4Dade Tars6 Dade" South haemudal Center 4 80,000 FL E200743SP -0198 136 Oata" Madw Coady, Fbrtlsiepacsnanthmm 601.920 FL E2007AUSP -0199 294 Orlando. FL On Repacenwa 602.560 FL E200740JSP -CM 14 Odwvdo, Fbrtla4 YNX On Fast Exparsbn PMWM 180,575 FL E20074n1SP -Ml 125 Patin Bade Coady. FL Plan NO Content! Bob Gbe Cmftwd P4s9wW Tmnst Faddy 702,340 FL E20074HSP- 2 367 Patin beach, R 20 Naw Buses her Pahn Tan 300,960 FL E200743USP-0203 248 Patin Bawk FL Patin Tran AVL -APC sya air rmn rand be lwu 50,160 FL E200741USP -0264 600 Rams Coady Mehopokan Pbnnbp 0%wk rb 0NWw Mob61y hraatm BR7 wnd Gdrle say 238AW FL UDW-OUSP -M 415 Pudare Bad and mrshud bus bcOn In &word Gouty, FL 451,440 K EM743LW-O 6 420 Pundase Buses and caserad bus b lAft b &vewd County, FL 401,250 FL E2007- BUSP -MT 400 Sou&FL Ra96, FL RepbnW Udversal Aubmabd Fan Cobcdm Syeam(UAFC)(brbn Wabm) 401280 FL F2W743USP47206 623 Serb Fbrkb Regbml Tmrnspdbbn AaarkrWed Patio Boma Mama. Fariy 476,000 FL UDW-OUSP -0209 622 Sodh Fbrba RepbfW T-mpvbbn Audwe -Wea Patin WW&mnw*. br ay achy afpbb under 3,570000 vbd 6309 FL E200741L15P-0210 31 SL Arprstlne, Fbdda4raermdal TmnWwalbn Center and mbbd pdablan ad bndcape 2W ,640 FL E20074tU5 -Mi 390 SL Lusk Gouty, FL Pumtuae Omen 200,640 FL E200743USP41212 402 Tanga, FL Esbbbh Tram! Emplads Cridw Pmjed 150480 FL M07- BUSP-0213 148 Tung, FL Purdaaa buss and consbud bus UdWl 4SIA40 GA E2007 -BUSP -0214 355 Abany, GA On mpboemed 60,192 CA F2007 -BUSP -0215 255 Abeny, GA Mulunadal Facity 160,512 GA E200743LSP -0216 357 Afh n , GA Buses and Bus Facades 284.909 GA E2007 -BUSP -0217 247 Atlanta, GA Inlor -mdal Passenper FacNy bpmvenwts 4012W GA E2007- BUSP-0218 384 A anta, CA MARTA Clean Fuel Bus AcqubMm 1203,640 GA E2007 -BUSP -0219 144 Augusta, GA Buns and On FecOks BO256 Agenda Item No. 1664 April 24, 2007 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to declare a single family residence on 2.674 acres in Golden Gate Estates as surplus property and to take the appropriate steps to sell the property. (Fiscal impact $300.00.) OBJECTIVE: To declare a single family residence on 2.674 acres in Golden Gate Estates as surplus property and to direct the County Manager, or his designee, to take the appropriate steps to sell the property. CONSIDERATIONS: On June 7, 2006, the Board of County Commissioners approved the purchase of a single family home located on the northwest corner of Santa Barbara Boulevard and Painted Leaf Lane (5605 Painted Leaf Lane). The County required a 54' easement along the property's eastern property line to facilitate the expansion of Santa Barbara Boulevard. Due to the proximity of the existing home to the future right -of -way line, the property owner elected to sell the entire property to the County; and, due to the exposure to additional costs should the partial take wind up in litigation, the County elected to purchase the entire property (see attached Executive Summary as Exhibit "A "). Other than the required right -of -way needed for the road project, the County has no other use for the remaining property. The property was offered to all County Divisions, and no County Division has shown an interest in purchasing the property. At this point, it is in the best interest of the County to declare the property surplus and to recoup expenditures through sale of the property. The Transportation Engineering and Construction Management Department (TECM) purchased the property with Impact Fees that require payment back into the fund once the property is sold. Additional funds in the amount of $8,326.00 were recently spent for repairs to the gutters and soffit, and for new tile and carpeting. All in all, the County has a total of $624,000 invested in this property, including the purchase price (less credit for repairs), attorney fees, title insurance, and the actual repairs and refurbishment. While no minimum bid amount will be established by the Board's approval of this recommendation, the asking price will be $412,000 which represents the break - even amount, after subtracting the County's estimate of full compensation to the former property owners of 5212,000 (including severance damages and curative expenses) from the County's total investment to date in the property. All bids will be brought back to the Board after the May 25, 2007 bid opening and the Board may at that time either accept the highest bid or reject all bids. Section 125.35(3) of the Florida Statutes requires calling for bids by advertising the property for sale at least once a week for two weeks in a newspaper of general circulation published in the County. The Board of County Commissioners may reject all bids if they are too low and may require a deposit or a surety bond with each bid submitted. Agenda Item No. 16134 April 24, 2007 Page 2 of 12 The legal notice to be published is attached (see Exhibit "B "). The property will sell to the highest bidder that can enter into a contract in substantial conformance with the proposed contract (see Exhibit "C "). The terms will include a 10% deposit with the balance paid at closing. The property will be sold subject to the existing easements and in "as is" condition with no warranties given. If successful in securing a favorable buyer, a Real Estate Sales Agreement will be brought back to the Board for approval. FISCAL IMPACT: Funds in the amount of $300 will come from the Transportation Supported Gas Tax Fund to cover the cost of advertising. Source of Funds are Gas Taxes. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this recommendation. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Declare the 2.674 acre, improved property surplus; 2. Authorize the TECM department to advertise for the solicitation of bids for sale of the property and authorize the payment of that advertising. Prepared by: Debbie Armstrong, Sr. Property Acquisition Specialist Attachments: Exhibit "A" — Executive Summary approving purchase of property Exhibit `B" — Legal Notice for publication Exhibit "C" — Proposed Real Estate Sales Agreement Agenda Item No. 1664 April 24, 2007 Page 3 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 1594 lend Summary: Recommendation to delta, A single family residence on 2.674 acres in Golden Gate Estates as surplus property and to take the appropriate steps to sell the property (Fiscal impart $300.00 ) Meeting Date: 42412007 9'.00'.00 AM Prepared By Debbie Armstrong Property Acquisition Specialist Data Transportation Services TECM -ROW V2120071:38:15 PM Approved By Mariana Massa. Right of Way Manager Date Transportation Services Transportation Engneering& Construction Management 413120078:21 AM Approved By Kevin Heri ncks Right Of Way Acguisition Manager Date Transportation Services TECM -ROW 413120073:55 pM Approved By shush Ahmed Director Data Transportation Services Transportation Engineering & Construction Management 415120078:31 AM Approved By Lisa Taylor ManaoemenVBueget Analyst Data Transportation Services Transportation ACminfstudion 411W2007 1:29 PM Approved By Sharon Newman Accounting Supervisor Date -^ Transportation Serv,Ccz Transpartotion Seances Admin 411212D073:21 PM Approved By Norm E, Pemr, AlCP Transportation Dimsion Adminlstrstor Data Transportation Services Transportation Services Atlmirt 4112/2007 3:45 PM Approved By Pat Lehnhzrd Executive Secretary Date Transportation Services Transportation Servmes Armin 41122007 3.47 PM Approved By OMB Coordinator Administrative Assistant Date County Managers Office Office of Management &Budget 4113120079:20 AM Approved By Michael Smykowski Management & Budget Director Date County Managers Office Office of Management &Butlget 41131200712:06 PM Approved By James V. Mudd County Manager Date Board of County Commissioners County Managers Office 4113120076:09 PM Approved By Susan Usher Senior ManadmommlBadget Analyst Date County Managers Office Office of Management &Budget 411 512007 12:49 PM Agenda Item No. 16B4 April 24, 2007 EXHIBIT_A_�Bage 4 of 12 Pao._1_._ of -a_ Agenda Item No. 1683 June 6, 2006 EXECUTIVE SUMMARY Recommendation to approve the purchase of 2.674 acres of improved property of which 0372 acres are required for road right -of -way for the Santa Barbara Boulevard Expansion Project. Project No. 62081 (Estimated fiscal impact: $621,925) OBJECTIVE: Obtain the Board of County Commissioners' approval to purebase improved property, a part of which is required for the Santa Barbara Boulevard Expansion Project. CONSIDERATIONS: On October 22, 2002, the Board of County Commissioners approved Resolution No. 2002 -442 authorizing the acquisition by gift or purchase of right-of-way and stormwata retention and treatment pond sties which will be required for the construction of roadway, drainage and utility improvements to Santa Barbara Boulevard (Project No. 62081). The motion that passed Resolution No. 2002442 also recommended that, where property owners are willing to sett the parent tract and all improvements, and the County determines a significant impact to the parent tract as a result of the project, staff is authorized to acquire the parent tract at fair market value. (See attached October 22, 2002 BCC Meeting Minutes.) In addition, at the Santa Barbara/Logan Boulevard Workshop on April 16, 2003, the Board of County Commissioners realized that approximately 10 homes would be extremely impacted by the project, and that the Board should provide those homeowner with the opportunity to sell their entire home sites to the County_ Commissioner Colette added that a "reasonable inconvenience fee" should be considered when offering to purchase those impacted properties. In the instant case, the relevant property is a 1,883 square foot (under air), single - family residence sitting on 2.674 acres. The total square footage of the residence (including garage, entry and covered lanai) is 2,895 square feet. It is described as Lot 2, Tract 108 Replat in Unit 30, Golden Gate Estates, and is located at the northwest coma of Santa Barbara Boulevard and Painted Leaf Lane. The County requires one parcel (Parcel 137) from this property for the Santa Barbara Boulevard Expansion Project. The proposed taking involves the acquisition of a perpetual Road Right-of -Way, Drainage and Utility Easement that runs along the property's frontage on Santa Barbara Boulevard and contains .372 acres. After the right -of -way is taken for the road project, the residential structure will be approximately 24 feet from the new right-of. way tine on Santa Barbara Boulevard making this property one of the 10 homes designated as being significantly impacted by the project. Two independent appraisals were performed on this property, the first dated September 2005 and the latest dated February 2, 2006. The first appraisal valued the entire property, before taking Parcel 137, at $570,000. At that time, the appraiser utilized a 30/. per month time adjustment, which would bring that appraisal amount to 5622,584 as of December 2005, when real estate prices started leveling off. The second appraisal valued the entire property, before taking Parcel 137, at $603,000. The average of the two appraisals is $612,792. Agenda Item No. 16134 April 24, 2007 EXHIBIT age 5 of 12 Pag. 2 of -' Agenda Item No. 1683 June 6. 2006 Of the $212,800 which was the appraiser's September 2005 estimate of full compensation for the partial taking, $79,200 (or 370/6 of the total compensation estimate) was attributed to severance damages and curative expenses. The value of the land and improvements located within the folding area was $133,600. If the entire property is purchased at the contract price of $615,000 and then sold (less the proposed right -of- -way), it is estimated that the remainder property could bring approximately $450,000 in the open market. This represents a net savings to the County of between $47,800 and $97,800 based solely upon the County's appraisers' opinions of full compensation If the County's relationship with the property owner should become adversarial on the issue of the partial taking, it is reasonable to assume that the County would be fortunate indeed if we were able to negotiate a mediated settlement agreement for full compensation at $250,000 on top of which we could expect to pay attorney fees in the amount of $12,276 and expert fees in the amount of $15,000 to $20,000. These are conservative estimates; and yet they still show that in the alternative to purchasing the entire property and then selling it in the open market, the County's costs for the partial taking might easily be as much as $277,000. This illustrates the fact that if the remainder property sells for even a dollar more than $338,000 Collier County will have saved money by purchasing the entire property and selling the "remainder." From the onset of this project, the owners' concern was their continued enjoyment of life after the project due to the roadway's proximity to thew home. After hurricane Wilma hit Collier County, the owners contacted the Transportation Right- of -V,ay Department to ask that the County purchase their entire property because living without air conditioning made them realize how noisy the traffic will be once the road is constructed so close to their home. Another very important aspect to consider is that the owner's home was constructed especially to fill their need to accommodate a wheelchair bound resident and they felt very strongly that replacing their home was not going to be easy. Although the owners originally requested $650,000 for their home, they have agreed to sell the home to the County for $615,000 and payment of up to $2,500 for attorney's fees. The attached Purchase Agreement, once approved, provides for a closing on the Road Right -of- Way, Drainage and Utility Easement, Parcel 137, to take place within 60 days. To give the owner mom time to find a new home, after the first closing a second closing on the remainder property will take piece on or before September 1, 2006, at which time the County will take possession. In consideration of all these factors, staff recommends the purchase of this property for $615,000, plus the payment of attorney's fees not to exceed $2,500. FISCAL IMPACT: Funds in the amount of $621,925 will come from the Transportation Supported Gas Tax Fund and Impact Fee Funds. (Total Amount includes the $615,000 purchase price, $2,500 for attorney's fees and $3,475 for the approximate cost of title insurance, closing fees and recording fees, and $950 for the cost of a home inspection prior to the second closing.) Source of Funds are Gas Taxes and Impact Fees. Agenda Item No. 16B4 April 24. 2007 EXHIBIT /� Page 6 of 12 p� 3 OU_ Agenda Item No. 1683 June 6. 2006 GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County: 1. Approve the attached Purchase Agreement; 2. Authorize its Chairman to execute same on behalf of the Board; 3. Authorize the payment of all costs and expenses necessary to close the transaction; 4. Accept the conveyance of the property via Warranty Deed and authorize staff to record same in the public records of Collier County, Florida; 5. Approve any and all budget amendments required ; and S. Authorize staff to explore options for the use and/or disposal (sale) of the subject property, less the right -of -way for Santa Barbara Boulevard expansion. Prepared by: Debbie Armstrong, TECM Attachments: 1) October 22, 2002 BCC Meeting Minutes; 2) Purchase Agreement Agenda Item No. 16134 April 24, 2007 Page 7 of 12 LEGAL NOTICE PROPERTY FOR SALE INVITATION FOR SEALED BIDS NOTICE IS HEREBY GIVEN THAT THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, IS SOLICITING BIDS FROM ANY PARTY INTERESTED IN PURCHASING A RESIDENCE LOCATED AT 5605 PAINTED LEAF LANE, NAPLES, FLORIDA 34116, ON 2.674 ACRES OF LAND AND DESCRIBED IN DEED RECORDED IN O.R. BOOK 4097, PAGE 1621, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THE PROPERTY IS ZONED E, ESTATES DISTRICT. Asking price is $412.000.00, all cash at closing, with a ten percent deposit required at signing of a contract. The property will be sold "as is" and includes all existing buildings located on the property with no warranty given or implied as to the size of the property or the condition of the buildings or any other improvements made a part of the sale. The awarded bidder will be required to execute a real estate sales contract with Collier County within ten (10) days from the notice of award. The contract will be subject to approval by the Collier County Board of County Commissioners. Closing will take place within 90 days from Board approval. Collier County will have the right to maintain possession of the property until the date of closing. The awarded bidder will be responsible to pay: the premium for lender and owners title insurance policies; charges for title search, title examination, and the title continuation through the date of deed recording, a survey (if desired by buyer), documentary stamps on deed, and recording fees on deed. In the event of a tie between or among two or more of the highest bidders, the award shall be made to the bidder having first submitted its bid. If the bidder chosen cannot meet the requirements for an approved contract, the second highest bidder will be chosen, and so on. Anyone wishing to view the property should contact Debbie Armstrong at 239- 213 -5874; however, there will be an open house to accommodate all requests to view the property on May 7�, from noon to 3:00 P.M. A 2006 home inspection report is available for review. PLEASE FORWARD SEALED BIDS MAILED TO OR HAND DELIVERED TO: (Indicate: "SEALED BIDS' on envelope) Debbie Armstrong Transportation Engineering and Construction Management 2885 South Horseshoe Drive Naples. FL 34104 BIDS WILL NOT BE ACCEPTED AFTER 2:00 P.M. ON MAY 25, 2007. THE BOARD OF COUNTY COMMISSIONERS RESERVES THE RIGHT TO REJECT ALL BIDS OR NEGOTIATE WITH THE QUALIFIED BIDDER ON OTHER PROVISIONS OF A CONTRACT. o Wn6a Item No. 1 EXMI April 24. Page 8 c PROJECT: Santa Barbara Blvd. FOLIO NO: 77010000104 REAL ESTATE SALES AGREEMENT THIS AGREEMENT made and entered into this day of 2007, by and between the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY, FLORIDA, whose address is 3301 East Tamiami Trail, Naples, FL 34112 hereinafter referred to as SELLER, and whose address is hereinafter referred to as BUYER. WHEREAS, SELLER desires to sell, and BUYER desires to purchase, the property hereinafter described, at the price and on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the recitals, the mutual covenants hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby mutually acknowledged, it is agreed by and between the parties as follows: I. PREMISES. The real property, which is the subject of this Agreement, (hereinafter referred to as "Premises ") is located in Collier County, Florida, at 5605 Painted Leaf Lane, Naples, Florida 34112, and described as: Lot 2 Tract 108, Replat as recorded in Plat Book 19, Page 54, being a re- subdivision of Tract 108, Golden Gate Estates, Unit No. 30, as recorded in Plat Book 7, Page 58, Public Records of Collier County, Florida. The term Premises when used herein includes all fixtures, including built -in appliances, refrigerator, stove, dishwasher, washer, dryer, ceiling fans, wall -to -wall carpeting, and window coverings. 2. SALE and CONVEYANCE. SELLER agrees to sell and convey all of SELLER'S right, title and interest in and to the Premises to BUYER, and BUYER agrees to purchase the Premises from SELLER, at the price and upon the terms and conditions hereinafter set forth. 3. EXECUTION OF AGREEMENT. Execution of this Agreement by BUYER must occur on or before , 2007 with the Agreement being delivered to SELLER before 5 pm on such date. 4. TITLE. Title to the PREMISES shall be conveyed to BUYER by Statutory Deed. BUYER'S obligation to close is contingent upon title to the Premises being good and insurable, subject to easements and restrictions common to the platted area. 5. PURCHASE PRICE. The Purchase Price ( "Purchase Price ") for the Premises is DOLLARS ($), payable by BUYER to SELLER. Concurrent, with the execution and delivery to SELLER of this Agreement, BUYER shall pay to SELLER, as earnest money hereunder ( "Earnest Money ") the sum of 00 /100 DOLLARS ($) representing ten percent, 10 %, of the purchase price. The balance, after credit of the Earnest Money and any prorations and adjustments, shall be paid by BUYER to SELLER at closing of this transaction. 6. PROPERTY CONDITION DISCLOSURES A. General. Seller represents that Seller knows of no facts or conditions materially affecting the value of the Property, except those which are readily observable by Purchaser, or which have not been disclosed to Purchaser by Seller in writing and furnished to Purchaser prior to the Effective Date of this Agreement. Agenda Item No. 1 April 24, 2 B. Radon Gas. Florida law requires the following disclosure: Radon is a Page 9 a —. naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department. Seller has no knowledge of the existence of radon on the Property or any radon mitigation having been performed on the Property. C. Lead Based Paint/Paint Hazards. If construction of the residence on the Property was commenced prior to 1978, Seller is required to complete, and Seller and Purchaser are required to sign and attach to this Agreement, the addendum entitled "Lead -Based Paint and/or Lead -Based Paint Hazards Attachment to Sales Contract: Disclosure of Information and Acknowledgement." D. Mold. Molds are commonly found both indoors and outdoors. Interior infestation by certain molds may cause property damage and health problems for some persons. 7. DISCLAIMER OF WARRANTIES. BUYER understands and acknowledges that BUYER is purchasing the Premises in an "AS IS" condition and specifically and expressly without any warranties, representations or guarantees, either express or implied, of any kind, nature, or type whatsoever from or on behalf of the SELLER. The BUYER acknowledges and agrees that BUYER, in entering into this Agreement and purchasing the Premises, is not relying on any representations made by SELLER regarding the condition, future development potential, or use of the Premises. BUYER further acknowledges that BUYER has made and /or has been given an adequate opportunity to make such legal, factual and other inquiries and investigations as BUYER deems necessary, desirable or appropriate with respect to the Premises. Without in any way limiting the preceding, BUYER acknowledges and agrees that Buyer hereby waives, releases and discharges any claim that Buyer has, might have had, or may have against the SELLER with respect to the condition of the Premises. 8. PRORATIONS, ADJUSTMENTS and CLOSING COSTS A. The following items shall be prorated and adjusted between SELLER and BUYER as of midnight of the day preceding closing: 1. All installments or special assessments payable after the closing, whether for work commenced as of the closing or otherwise, shall be paid exclusively by BUYER. 2. All other items required by any other provision of this Agreement to be prorated or adjusted. 3. At the closing, the amount of proration and adjustments as aforesaid shall be determined or estimated to the extent practicable and the monetary adjustment shall be made between SELLER and BUYER. All such prorations and adjustment shall be final. B. BUYER hereby agrees to indemnify and hold harmless SELLER from and against each obligation of SELLER for which, and to the extent that, credit has been given to BUYER at the time of closing. C. BUYER shall pay for all costs associated with this transaction including, but not limited to the premium for lender and owners title insurance policies, charges for title search, title examination, and the title continuation through the date of deed recording, a survey (if desired by the buyer), documentary taxes, recording costs for the deed and _ any curative instruments. EXn`»„,LL"m No. pVV J_pf_4 it 24, Paae 10 9. DEFAULTS AND TERMINATION. If BUYER defaults hereunder, then provided SELLER is not in default, SELLER's sole remedy shall be to terminate this Agreement by giving Written Notice thereof to BUYER, whereupon the Earnest Money shall be retained by 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. The parties acknowledge and agree that SELLER'S actual damages in the event of BUYER'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. If SELLER defaults hereunder and such default has not been cured within thirty (30) days after Written Notice of such default to SELLER, and provided BUYER is not in default, BUYER may terminate this Agreement, whereupon the Earnest Money shall be returned to BUYER within thirty (30) days of receipt of Written Notice of default and neither party shall have any further liability or obligation to the other. Notwithstanding anything contained in this Agreement to the contrary, the foregoing shall be BUYER'S sole and exclusive remedy and shall preclude BUYER from the exercise of any other remedy. 10. EXPENSES. Any and all costs and expenses incurred by SELLER in connection with this transaction (excepting SELLER'S attorneys' fees and Real Estate Commissions, if any), including, without limitation, recording fees, conveyance fees, public notice cost, documentary and intangible taxes of every nature and kind whatsoever, shall be borne and paid by BUYER. 11. INTERMEDIARIES. Any and all brokerage commissions or fees brought about by the action of BUYER shall be the sole responsibility of the BUYER. BUYER shall indemnify SELLER and hold SELLER 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 BUYER as a real estate broker, salesman or representative, in connection with this Agreement, including costs and reasonable attorneys' fees incident thereto. This provision shall survive closing of this transaction. 12. CLOSING. Closing shall take place during normal business hours at the County Attorney's Office, Collier County Courthouse, 3301 East Tamiami Trail, Naples, Florida, 34112 or such other location as SELLER may select, within 90 days from the date SELLER executed this Agreement. 13. GENERAL PROVISIONS. A. This Agreement, including all exhibits attached hereto and documents to be delivered pursuant hereto, shall constitute the entire agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties or covenants not contained herein. B. This Agreement may be amended only by a written memorandum subsequently executed by all of the parties hereto. C. No waiver of any provision or condition of this Agreement by any party shall be valid unless in writing signed by such party. No such waiver shall be taken as a waiver of any other or similar provision or of any future event, act or default. D. Time is of the essence of this Agreement. In the computation of any period of time provided for in this Agreement or by law, any date falling on a Saturday, Sunday or legal holiday shall be deemed to refer to the next day which is not a Saturday, Sunday or legal holiday. E. In the event that any provision of this Agreement shall be unenforceable in whole or in part, such provision shall be limited to the extent necessary to render the same valid, or shall be excised from this Agreement, as circumstances require, and this Agreement shall be construed as if said provision had been incorporated herein as so limited, or as if said provision had not been included herein, as the case may be. EXHAtT, C, ' m No. Pz 124, Page 11 F. Headings of paragraphs are for convenience of reference only, and shall not be construed as a part of this Agreement. G. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, and their respective heirs, executors, personal representatives, successors and assigns, provided, however, that this Agreement may not be assigned by BUYER without the prior express written consent of SELLER, which consent may be withheld for any reason whatsoever. H. Any and all notices permitted, or required to be given hereunder, shall be in writing and shall be either personally delivered to the party or shall be sent by United States mail, postage prepaid, registered or certified mail to the following addresses. Any such notice shall be deemed given and effective upon receipt or refusal of delivery thereof by the primary party to whom it is to be sent. If to SELLER: Transportation Engineering & Construction Management Attn: Kevin Hendricks, Right -of -Way Acquisition Section 2885 South Horseshoe Drive Naples, Florida 34104 Telephone 239 - 774 -5874 Fax 239 - 213 -5885 With a copy to: Ellen T. Chadwell Assistant County Attorney Office of the County Attorney Harmon Turner Building 3301 Tamiami Trail East Naples, Florida 34112 Telephone 239 - 774 -8400 Fax 239- 774 -0225 As to BUYER: Florida. I. This Agreement shall be governed in all respects by the laws of the State of J. This Agreement may be executed in any number of counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. K. Possession of the Premises shall be delivered to the BUYER at closing. L. The word "Closing" or words of similar import as used in this Agreement shall be construed to mean the originally fixed time and closing date specified herein or any adjourned time and date provided for herein or agreed to in writing by the parties, or any earlier date permitted herein. M. This Agreement is between SELLER and BUYER and no other party shall, under any circumstances, be deemed to be a beneficiary of any of the terms and conditions to be performed by SELLER pursuant to this Agreement. N. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and, accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. O. Neither this Agreement nor any memorandum or evidence hereof shall be recorded in any public records by BUYER. If so recorded by BUYER, this Agreement shall be deemed ipso facto canceled and terminated, the Earnest Money shall thereupon be retained by or paid to SELLER as liquidated damages for such default, and BUYER shall have no further interest in the Premises, pursuant to this Agreement or otherwise. EXunr ,,q da Item No. 1 4 17�W April 24, 2 07 P S d S Page 12 of 12 P. Any prior agreements, representations, understandings or oral statements, including, but not limited to rendering or representations contained in sales brochures, maps, sketches, advertising or sales materials, and oral statements of sales representatives, if not expressed in this Agreement, are void, have no effect, and have not been relied upon by BUYER. 14. REAL ESTATE BROKERS Any and all brokerage commissions or fees shall be the sole responsibility of the Buyer and shall be paid at Closing. Buyer shall indemnity Seller from and against any aim or liability for commission or fees to any broker or any other person or party claiming to have been a procuring clause or engaged by Buyer as a real estate broker, salesman or representative, in connection with this Agreement. 15. OTHER PROVISIONS: A. In the event this Agreement is not approved by SELLER, then SELLER shall return the Earnest Money to BUYER within thirty (30) days of such non - approval by SELLER. B. SELLER has the right to maintain possession of the property until the day of closing. C. Buyer acknowledges receipt of a 2006 home inspection report and is aware that the Seller has not occupied or leased the residence since the date of the inspection report. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written. AS TO SELLER: DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk AS TO PURCHASER: DATED: Witness (Signature) Name: (Print or Type) Witness (Signature) (Print or Type) BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, BY: JAMES COLETTA, Chairman BY: Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney Agenda Item No. 1685 April 24, 2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to award Bid #07 -4113 for "Preparation and Delivery of Title Commitments and Real Estate Closing Services" to American Government Services, Emmanuel LLC Title Services, Executive Title Insurance Services, First American Title Insurance Company, Collier Abstract, First Title and Abstract, Midwest Title Company and South Florida Trust & Title Company. Annual expenditures are estimated to be $300,000. OBJECTIVE: To place title companies under annual contracts for use by the Right of Way Acquisition Section of the Transportation Engineering & Construction Management Department and the Real Estate Services Section of the Facilities Management Department. CONSIDERATIONS: The offices of the Right of Way Acquisition Section of the Transportation Engineering & Construction Management Department and the Real Estate Services Section of the Facilities Management Department utilize "outsourced" service providers to prepare and obtain title commitments for prospective right -of -way and other land acquisitions. These services include the preparation of title commitments (search and examination of title), the issuance of title policies, and the preparation and recording of real estate instruments required to clear title and close real estate transactions. On March 2, 2007, 128 bid notices were sent out by the Purchasing Department. Ten (10) bid responses were received on March 26, 2007 and one (1) bid was considered non- responsive. Due to the aggressive schedule requirements for upcoming right -of -way and site acquisition offices (primarily in support of aggressive Transportation and Public Utilities work programs), it was determined by staff to be in the best interests of the County to award the bid to the following eight (8) firms on a rotation basis: 1 American Government Services Corp. 2 Emmanuel, LLC, Title Services 3 Executive Title Insurance Services, Inc. 4 First American Title Insurance Company 5 Collier Abstract, Inc. 6 First Title and Abstract, Inc. 7 Midwest Title Company 8 South Florida Trust and Title Company FISCAL IMPACT: None. The annual agreements are "standing" agreements governing the price and delivery of title commitments, endorsements, title insurance, and real estate closing services. When these services are required by Collier County, they are paid for from each particular capital improvement project's budget. As such, payments for title services are authorized by the Board as each capital improvement project is authorized by the Board. Please refer to the attached bid tabulation sheet for the fee schedule for each firm. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATIONS: That the Board of County Commissioners of Collier County, Florida: Approve the award of Bid #07 -4113, Annual Agreement for Preparation and Delivery of Title Commitments and for Real Estate Closing Services to the eight (8) firms listed in this Executive Summary. Prepared by: Kevin E. Hendricks, Right -of -Way Acquisition Manager Attachment: Bid Tabulation Sheet Agenda Item No. 1685 April 24, 2007 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS ..W Item Number: 1685 Item Summery: Recommendation to Award Bid #07 -0113 for Preparation and Delivery of Title Commitments and Real Estate Closing Services. Fiscal Impact. None. Meeting Date: 4124/2007 5 00'.00 AM Prepared By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM -ROW 41612007 9: 54: 06 AM Approved By Kevin Hendricks Right Of Way Acquisition Manager Date Transportation Services TECM ROW 4161200711: 26 AM Approved By Toni A. Mott Real Property Supervisor Date Administrative Services Facilities Management 419120D72: 11 PM Approved By Norm E. Feder, AICP Transportation Division Administrator Data Transportation Services Transportation Services Atlmin. 4110120072: 07 PM Approved By Najeh African Director Date Transportation Engineering 8 Transportation Services 011120079: 14 AM Construction Management Approved By Skip Camp, C.F.M. Facilities Management Director Data Administrative Services Facilities Management 4111120079: 400.M -"' Approved By Lou Golden Price Administrative Services Administrator Data Administrative Services Administrative Services Atlmin, 411112007 10:24 AM Approved By Lisa Taylor Maoagemeptamclat Analyst Date Transportation Services Transportation Administration 41111200711: 17 AM Approved By Sharon Newman Aceoungg, Supervisor Date Transportation Services Transportation Services Admen 4111/2007 1.11 PM Approved By Brands Brilhart Purchasing Agent Do. Administrative Services Purchasing W1220073. 34 PM Approved By Mike Hauer Acquisition Manager Data Atlministrative Services Purchasing 4112120073: 41 PM Approver) By MlkeHauer Acquisition Manager Date Administrative Services Purchasmg 4112120073: 41 PM Approved By Pat Lehnhard Executive Secretary Data Transpertahon Services Transportation Services Atlmin 4112120073'. 49 PM Approved By OMB C ... dmalor Administrative Assistant Data �. County Managers Office Office of Management B Budget V13120079,21 AM Approved By Mark lsackson Budget Analyst Date County Manager's ONice Office of Management B Budget 411 312007 11: 55 AM Approved By Agenda Item No 1Fi85 April 24, 2007 Page 3 of 4 Michael Smykowski Management& Budget Director Data County Managers Office Office of Management & Budget 4/16/2007 6:67 PM Approved By James V. Mudd County Manager Date Board of County County Managers Office 4171200712:21 PM Commissioners 'r a � p, o tea? c o N m Q � IL xs C U Ys N c V a e N L i c o � a E E U a a a U c o M1 N Y m b R'd i d aoo 9- � T o O o O inoo�no M1 O vi N O S 9 p !" av � N 5 Vi Vf tV lV fV C � E y 6 _ i c $ N p h r � O c E 0 m 0 vU y T o V� Z s U .. m ^ v 9 v � y H ss cs w w w cv w w m � Z T � v a z 3 tea' E r„ `am Err E 3 y O c o C 9 y L O v 3 U a m c H a u � €c •. 0 3 p V1 M O Vl Vi N N N O M O al ` O O r O� 0 O i3Oy N t M1 N y W M M1 O z t V � M1 00 Vl V'1 N N N O y h v c a o N V1 Y) N N N vl M1 E E y a y o o h ro�nNO oo ono o o .o � Y h zo m E u Z z V E w u P N M1 Vl Vl N N N vl y L •� M ^ 0 _ V O ^1 U va v> w vi oz sv w cs 'z, 1-4 v m v va d v 0 ai 'o m S B 9 t E E m L av b 5 m � E i c $ N p r � c E 0 m 0 vU y T o V� s .. m ^ v 9 9 H m � T � v a z 3 tea' E r„ `am Err E 3 5$ c o C 9 y L v 3 U a m c H a u � €c •. 0 3 Agenda Item No. 1626 April 24. 2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve a one year traffic reservation extension associated with the approval of the Traffic Impact Statement (TIS) submitted with the Verona Walk Phase 4C and 4D PPL AR #9241 OBJECTIVE: To obtain Board of County Commissioners' approval of the one year extension for traffic reservation associated with an approved TIS for 245 single family units submitted with the Verona Walk 4C and 4D PPL AR #9241. CONSIDERATIONS: On March 23, 2006 the TIS that was submitted as part of the PPL application for 245 single family units was approved. The traffic reservation associated with the TIS approval is nearing the one year expiration date. Pursuant to Section 10.02.07.C.4.f of the Land Development Code, the applicant is requesting the Board to approve a one year extension for the traffic reservation. The owner will resubmit the responses to staff comments on the Verona Walk 4C and 4D PPL AR #9241 within the next two months; but will most likely not be approved before the traffic reservation expiration date. Therefore, the BCC approval of an extension is necessary. Staff has reviewed the PUD for compliance and has identified the following outstanding items that now need to be addressed as provided for in the PUD /DRI. A portion of the sidewalk is missing on Sabal Palm Road. The payment for the Collier Blvd. entrance traffic signal is now due. The fair share (based on a traffic study) for the Collier/Davis and Collier/US41 intersections are now due. The developer has agreed to address the items within 180 days of the approval of this extension and prior to any additional approvals. Staff has recently notified the developer regarding the fair share items and the County is awaiting the final construction costs prior to billing the developer. FISCAL IMPACT: There is no fiscal impact for the approval of this extension. GROWTH MANAGEMENT IMPACT• The proposed traffic reservation extension for this project is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board approves the one year extension of the traffic reservation associated with TIS approval, and authorize the County Manager or his Designee to prepare the necessary documentation to comply with the Board's direction. Prepared By: Nick Casalanguida, Transportation Planning Manager Attachments: 1) Letter Dated March 8, 2007; 2) Section 10.02.07.C.4.f of LDC Agenda Item No, 16B6 April 24, 2007 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16B6 Item Summary: Recommendation to approve o one year r affc reservation extension assodatad ,,in the approval of the Traffic Imoact Statement MS) submitted with the Verona Walk Phaae 4C and 4D PPL F,R49241. Meeting Date: 4/2412007 9.00:00 AM Prepared By Nick Casalanguida Project Manager Dale Tansportation Services Transportation Planning 41612007 8:03:11 AM Approved By Nick Casale nguida Project Manager Date Transportation Sernces Transportation Planning 41612007 8:09 AM Approved By Donald L Scott Transportation Planning Director Dale Transportation Services Transportation Planning 610120077:18 AM Approved By Norm L Feder, AICP Transportation Division Adermostrater Data Transportation Services Transportation Services Armin. 4110120072: 10 PM Approved By Sharon Nowman Aver.d ing Supervisor Date Transpnnation Services Transportation Services Anmin 4!1212007 J: 46 PM Approved By Pat Lohmmard Executive Sorrow, Gate Tem,mRntion Services Trans portation Services Admen W12i211ZS1 PM —_ Approved By OM6 C.dmmafor Administrative Assistant Date County Managers Office Office or Management a Elmer 411312007 9:21 AM Approved By Mark lesekson Cringer Analyst Date County Managers Office Office of Management 8 budget 4/131200' 402 PM Approved By James V. Made County Manager Date Boats of County Commissioners County teenager's Office 614120079:37 AM Agenda Item No. 16136 April 24, 2007 Page 3 of 4 Section 10.02.07.C.4.f of the LDC Traffic Capacity Reservation for all or part of the proposed development may be approved and secured at application pending approval of the final subdivision plat, site development plan or building permit upon acceptance of the TIS by the Transportation Administrator as part of a complete Application Request (AR) deemed sufficient for review for the proposed development by the CDES Division. The Transportation Administrator will notify the applicant of any traffic capacity reservation via facsimile per section 10.02.07 CA.c. Traffic capacity reservations will be awarded to the development upon: approval of the COA and final development order per section 10.02.07 CA.e. payment of road impact fees in accordance with section 10.02.07 CA.e.; and Proportionate Share Payment, if applicable, in accordance with section 6.02.01. Traffic capacity reservations approved under this section will expire in one (1) year, from the TIS approval and determination of available capacity, unless the final local development order for the development is approved, or the Board approves an extension to the one (1) year time period. Agenda Item No. 16136 April 24, 2007 GOODLETTE COLEMAN &JOHNSON, P.A. Page 4 of 4 Kevin G. Coleman J. Dudley Goodlette Kenneth R. Johnson Richard D. Yovanovich Edmond E. Koester Mr. Nick Casalanguida Collier County Transportation 2885 South Horseshoe Drive Naples, FL 34104 Dear Nick: ATTORNEYS AT LAW Northern Trust Bank Building 4001 Tamiami Trail North Naples, F134103 (239) 435 -3535 (239) 435-1218 Facsimile March 8, 2007 Linda C. Brinkman Stephen C. Pierce Gregory L. Urbancic William M. Burke Craig D. Grider Matthew L. Grabinski Matthew R Galloway Matthew M. Jackson Alex R. Figares Jeffrey J. Beihoff Kevin L. Dees Writer's e-mail: ryovanovich(dgcilaw com Subject: Verona Walk Phase 4C and 4D AR#9241 Via E -Mail On March 23, 2006 the TIS that was submitted as part of the Site Development Plan (SDP) application for 248 single family units was approved. The traffic reservation associated with the TIS approval is nearing the one year expiration date. Pursuant to Section 10.02.07.C.4.f of the Land Development Code, we are requesting that the Board of County Commissioners (BCC) approve a one year extension of the traffic reservation associated with the approval of the TIS. As you know, the owner has been diligently pursuing the final approval of the SDP. The responses to staff comments on the SDP will be resubmitted within the next nvo months but will most likely not be approved before the traffic reservation expiration date. Therefore, BCC approval of an extension is necessary. Please let me know when this matter is scheduled for BCC consideration. If you have any questions or need additional information regarding this matter, please feel free to contact me. Very truly yours, _4_" ""�, Richard D. Yovanovich Cc: Richard McCormick Reid Schermer Michael Hueniken Agenda Item No. 1667 April 24, 2007 EXECUTIVE SUMMARY Page 1 of 3 Recommendation to request the Board of County Commissioners to approve $4,500 from the Freedom Memorial Fund (620) to be allocated toward hiring a professional grant writing service for fundraising purposes. OBJECTIVE: To receive Board approval of a Memorandum of Understanding with Grants Pro of Ft. Myers in the amount of $4,500 to solicit grant funding from private foundations to raise funds for the construction of the Collier County Freedom Memorial. CONSIDERATIONS: On June 28, 2005, the Board approved resolution No. 2005 -259 declaring a public purpose for the solicitation of donations and the receipt of donations to construct a Freedom Memorial for Collier County. As of April 16, 2007, approximately $32,900 in private donations has been collected for the construction of the memorial ($20,800 from brick donations and $12,100 from general donations). The Freedom Memorial Task Force is recommending the expenditure of $4,500 from the Freedom Memorial Fund to enter into a Memorandum of Understanding (MOU) with Grants Pro of Ft. Myers to solicit foundation grant funding for the memorial. Under the MOU, Grants Pro will develop a minimum of 100 applications for grant funding using text edited and approved by the Task Force. Grants Pro will also assist with follow up phone calls and letters to evaluate the level of interest among those foundations that are being solicited. The Freedom Memorial Task Force sought proposals from professional fundraisers to assist with the Freedom Memorial construction campaign. The Task Force received four proposals and, given the limited funds available for such a purpose, is recommending the hiring of Grants Pro as the most cost- effective means available to help raise funds for the memorial. The Task Force has worked with the county's grants coordinator for approximately six months; however, no government grant opportunities for a memorial of this nature have become available. Grants Pro will be seeking grant opportunities from privately funded companies and foundations. The memorial will be located at the Gordon River Water Quality Park and is designed to take advantage of the passive nature of the park. The $2 million memorial will be located in an area that is highly visible from Golden Gate Parkway (east/west bound) and is expected to be visited frequently by students, visitors and residents during veteran holidays and events. FISCAL IMPACT: Funds are available within the Freedom Memorial Fund (620). The source of funding is the private general donations being made to finance the estimated $2 million cost of the memorial. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. Agenda Item No. 1667 April 24, 2007 Page 2 of 3 LEGAL CONSIDERATIONS: The task force consulted with the County Attorney's office concerning the spending of Freedom Memorial Fund (620) money for fundraising purposes and has been advised to seek approval from the Board before proceeding with this endeavor. RECOMMENDATION: That the Board of County Commissioners approve the proposal to enter into a Memorandum of Understanding with Grants Pro of Fort Myers in the amount of $4,500 to provide professional grant writing services to solicit donations for the construction of the Collier County Freedom Memorial. Prepared By: Margaret Bishop, Senior Project Manager, Transportation Services Division, Stormwater Management Department Agenda Item No, 1667 April 24, 2007 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 1687 Item Summary: Recommendation to request the Board of County Commissioners to approve S4, 500 from the Freedom Memorial Fund i620j to be allocated toward hiring a professional grant writing service for funderning purposes_ Meeting Date: 412412007 9 00 30 AM Prepared By Margaret A. Bishop project Manager Date Transportation Societies Stammerer Management 4116120074:53'.31 PM Approved By Margaret A. Bishop anneal Manager Data Transportation Services Stormwater Management 4116120074'. 53 PM Approved By Rhonda Form ert Contract Specialist Data Administrative Services Purchasing 411612007 5:10 PM Approved By Norm E Feder, AICP Transportation Division Administrator Data Trideporratien Services Trmmardence Services Admin. 4117120078: 14 AM Approved By Sharon Newman Accounting Supervisor Data Transportation Services Transportation Services Admin 411712D073:44 PM Approved By Steve Carvell PunchasinglGeneral SVCs Direetor Date Amerm,hMee Sa,i.a purchasing 4%1712007410 PM -.. Approved By Pat Lehnhrod Executive Secretary Date Transponatlon Sen4ces Transportation Services Admin 4117120074: 15 PM Approved By Michael Smykowski Management& Budget Director Data County Managers Office Office of Management & Budget 411712007 438 PM Approved By James V. Mudd County Manager Data Board of County Commissioners County Managers Office 411712007 6 11 PM Agenda Item No. 16C1 April 24, 2007 Page 1 of 31 EXECUTIVE SUMMARY Recommendation to approve, execute and record Satisfactions for certain Water and /or Sewer Impact Fee Payment Agreements. Fiscal impact is $245.00 to record the Satisfactions of Lien. OBJECTIVE: Recommendation that the executes Satisfactions for the Agreement and /or Sewer System Impact Fees. Board acknowledges full payment, and To Extend Installment Payment of Water 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 zero dollars and sewer impact fee (Fund 413) by $19,255.69. The fiscal impact for recording the Satisfactions of Lien is approximately $245.00, 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. 16C1 April 24, 2007 Page 2 of 31 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 15C1 Item Summary: Recommendation to approve, execute and record Satisfactions for celtam Water andlor Sewer Impact Fee Payment Agreements_ Fiscal Impact is $245 00 t0 record the SBtmfaetlOnB of am Meeting Date: 4/24/2007 9.00'.00 AM Prepared By Pam Calils Revenue Supervisor Data Public Utilities UBCS 3/29120074:19:12 PM Approved By Teresa Rieam Revenue Manager Data Public Utilities UBCS 31301200910: 15 AM Approved By Pam Cailis Revenue Supervisor Data Public Utilities UBCS 313012007 1:37 PM Approved By Thomas Wide. Operations Director Data Public Utilities Public Utilities Operations 313012007 3:04 PM Approved By John A. Yonkosky Until, Billing Director Dme Public Utilities UBCS 41412007 9:43 AM Approved By James W. DeJ m, Public Utilities Administrator Date Public Utilities Public Utilities Adminietnerme 41512007 8:32 AM ._... Approved By OMB Coordinator AdmireAr, ive Assistant Date unel ltanagers Office Office of Management 9 Budget 411112007 7:31 AM Approved By Susan Usher Senior Managemnd(Budlue Analyst pate County Managers Office Office of Management a Budget 4111/2007 9:18 AM Approved By Michael Smykowski Management & Budget Director Data County Managers Office Office of Management It Budget 411320079:05 AM Approved By James V. Mudd County Manager Date Board of County Commissioners County Managers Office 41141200710:10 AM Agenda Item No. 16C1 April 24, 2007 Page 3 of 31 EXHIBIT "A" 1. Douglas Carlson, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #81620200005. 2. Jean C. Ferguson, securing the principal balance of one thousand one hundred and eighty dollars and no cents ($1,180.00). Folio #31155006009 3. Donna Lou Hammond Hays, an unremarried widow, securing the principal balance of one thousand one hundred and eighty dollars and no cents ($1,180.00). Folio #48485120004. 4. Juan J. Hernandez and Karla R. Hernandez, husband and wife, securing the principal balance of one thousand one hundred and eighty dollars and no cents ($1,180.00). Folio #81630200008. 5. Jay W. Kowalski and Sandra Kowalski, husband and wife, securing the principal balance of one thousand one hundred and eighty dollars and no cents ($1,180.00). Folio #48480880006. 6. Janice Longacre, securing the principal balance of seven hundred twenty nine dollars and eighteen cents ($729.18). Folio #68344560002. 7. Joseph E. Massaro and Margaret I. Massaro, his wife, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #81629800008. 8. William P. McCauley and Rosemary McCauley, husband and wife, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #00735160008. 9. John F. McDermott, a single person, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #81623400006. 10. Alcibiades Ramirez and Narda L. Ramirez, husband and wife, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #48483400001. 11. Christine J. Rocchetti, a single woman, aka Christine J. Smith, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #81627560007. Agenda Item No. 16C1 April 24, 2007 Page 4 of 31 EXHIBIT "A" Page 2 of 2 12. Zenon C. Santos and Yathmin Del Valle Soto, as joint tenants with right of survivorship, parties of the second part, grantees, securing the principal balance of one thousand one hundred eighty dollars ($1,180.00). Folio #81628000003. 13. Jose H. Solis and Yolanda Arizmendi, securing the principal balance of seven hundred twenty nine dollars and eighteen cents ($729.18). Folio #68343360009. 14. James L. Sutt and Marva L. Sutt, husband and wife, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #68891880002. 15. Andre Vancol and Desilia Leandre, husband and wife, securing the principal balance of two thousand four hundred fifty seven dollars and thirty three cents ($2,457.33). Folio #62264240000. 16. Rocco Volino and Martha Volino, husband and wife, and Anna Velez, an unremairied widow, all as joint tenants with right of survivorship, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio #81630320001. Agenda Item No. 16C1 April 24, 2007 Page 5 of 31 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: Douglas M. Carlson Whose mailing address is 141 Islamorada Naples, Fl. 34114 Bearing the date of the 6" day of October 1999, recorded in Official Record Book 2598 Page(s) 3058, 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. 5, 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. FOLIO NUMBER: 81620200005 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 , 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney 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 JAMES COLETTA, CHAIRMAN Agenda Item No. 16C1 April 24, 2007 Page 6 of 31 -- 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: JEAN C. FERGUSON Whose mailing address is 24 -T TURQUOISE AVE NAPLES, FL 34114 Bearing the date of the 23RD day of August 1999, recorded in Official Record Book 2584 Page(s) 0428, 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: LOT 24TU, OF ENCHANTING SHORES MOBILE HOME AND RECREATION VEHICLE PARK, ACCORING TO THE GROSS SURVEY, EXHIBIT "A" ATTACHED HERETO, FOR A TERM COMMENCING ON THE 7TH DAY OF JANUARY 1997, AND RENEWABLE IN ONE YEAR TERMS THEREAFTER, UNLESS SOONER TERMINATED, IN CONSIDERATION OF THE MUTUAL COVENANTS CONTAINED IN THE CERTAIN MASTER FORM EXCLUSIVE RIGHT OF POSSESSION AGREEMENT WHICH FORM AND ALL AMENDMENTS THERETO ARE INCORPORATED HEREIN BY REFERENCE, THE ORGINAL OF WHICH IS MAINTAINED IN THE OFFICE OF THE OWNER 17 TURQUOISE AVE., NAPLES, FLORIDA, AND IS RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, IN OFFICIAL RECORDS BOOK 1328, AT PAGES 1723 TO ET ALL, INCLUSIVE. FOLIO NUMBER: 31155006009 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, A by action of the Board this _ day of , 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 16C1 April 24, 2007 Page 7 of 31 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 JAMES COLETTA, CHAIRMAN Agenda Item No. 16C1 April 24, 2007 Page 8 of 31 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: DONNA LOU HAMMOND HAYS,AN UNREMARRIED WIDOW Whose mailing address is 11550 BASIN STREET CONNEAUT LAKE, PA 16316 Bearing the date of the 7" day of September 1999, recorded in Official Record Book 2589 Page(s) 0933, 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. G -201 OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN CONDOMINIUM PLAT BOOK 4, AT PAGES 153 -154, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH THE PRO -RATA INTEREST IN THE COMMON ELEMENTS, AND COMMON PROPERTY, OF THE CONDOMINIUM AND LIMITED COMMON ELEMENTS APPURTENANT THERETO, MORE PARTICULARLY DELINEATED AND IDENTIFIED IN THE DECLARATION OF CONDOMINIUM OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN OFFICIAL RECORDS BOOK 508, PAGES 165 THROUGH 224, INCLUSIVE, AS COMPLETELY AMENDED IN OFFICIAL RECORDS BOOK 939, PAGES 1170 THROUGH 1236, AND AS AMENDED BY THE FINAL SURVEYOR'S CERTIFICATE AND OTHER AMENDMENTS THERETO, ALL OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 48485120004 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 , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER Agenda Item No. 16C1 April 24, 2007 Page 5 of 31 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 JAMES COLETTA, CHAIRMAN County Attomey Agenda Item No. 16C1 April 24, 2007 Page 10 of 31 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: JUAN J. HERNANDEZ AND KARLA R. HERNANDEZ, HUSBAND AND WIFE Whose mailing address is 231 Indian Key lane Naples, Fl. 34114 Bearing the date of the 7°i day of September 1999, recorded in Official Record Book 2589 Page(s) 0928, 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 255, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM AS MORE FULLY SHOWN IN OFFICIAL RECORD BOOK 630, PAGES 1863, THROUGH 1932 INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS AMENDED; TOGETHER WITH ALL UNDIVIDED INTERESTS IN THE COMMON ELEMENTS OR SURPLUSES ACCRUING TO SAID PROPERTY. INCLUDING 1977 24 FOOT BY 48 FOOT SHERATON MOBILE HOME, SERIAL NUMBER 13DO1272 "A" AND "B" WITH ALL ATTACHMENTS AND IMPROVEMENTS THEREON. FOLIO NUMBER: 81630200008 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 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER Agenda Item No. 16C1 April 24, 2007 Page 11 of 31 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 JAMES COLETTA, CHAIRMAN County Attorney Agenda Item No. 16C1 April 24, 2007 Page 12 of 31 ---- 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: JAY W KOWALSKI AND SANDRA KOWALSKI, HUSBAND AND WIFE Whose mailing address is 6123 DELLWOOD DR TOLEDO, OHIO 43613 Bearing the date of the 7' day of September 1999, recorded in Official Record Book 2589 Page(s) 0943, 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. B -104 OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN CONDOMINIUM PLAT BOOK 4, AT PAGES 153 -154, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH THE PRO -RATA INTEREST IN THE COMMON ELEMENTS AND COMMON PROPERTY OF THE CONDOMINIUM AND LIMITED COMMON ELEMENTS APPURTENANT THERETO, MORE PARTICULARLY DELINEATED AND IDENTIFIED IN THE DECLARATION OF CONDOMINIUM OF GULF WINDS EAST, A CONDOMINIUM, AS RECORDED IN OFFICAL RECORDS BOOK 508, AT PAGES 165 THROUGH 224, INCLUSIVE, AS RECORDED IN OFFICAL RECORDS BOOK 942, PAGE 52 THROUGH 56, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND ANY AMENDMENTS THERETO. FOLIO NUMBER: 48480880006 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 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER Agenda Item No. 16C1 April 24, 2007 Page 13 of 31 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 JAMES COLETTA, CHAIRMAN County Attorney Agenda Item No. 16C1 April 24, 2007 Page 14 of 31 - - -- 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: Janice Longacre Whose mailing address is 118 Moon Bay St Naples FL 34114 Bearing the date of the 3rd day of June 1999, recorded in Official Record Book 2554 Page(s) 0041, 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 Seven Hundred Twenty Nine and Eighteen Cents ($729.18) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 118, PORT -AU- PRINCE, ACCORDING TO THE PLAT RECORDED AT PLAT BOOK 13, PAGE 51 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 68344560002 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 , 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney 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 JAMES COLETTA, CHAIRMAN Agenda Item No. 16C1 April 24, 2007 Page 15 of 31 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: Joseph E. Massaro and Margaret I. Massaro, his wife Whose mailing address is 260 Mataecumbe Ln Naples, Fl. 34114 Bearing the date of the 6'" day of October 1999, recorded in Official Record Book 2598 Page(s) 3038, 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. 245, 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 INTEREST IN THE COMMON ELEMENTS OR SURPLUSES ACCRUING TO SAID PROPERTY. SUBJECT TO THE TERMS AND CONDITIONS OF THE AFOREMENTIONED DECLARATION OF CONDOMINIUM, EASEMENTS, RESTRICITIONS, RESERVATIONS OF RECORD, AND TAXES FOR THE CURRENT YEAR. FOLIO NUMBER: 81629800008 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 , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA, AS THE Agenda Item No. 16C1 April 24, 2007 Page 16 of 31 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 JAMES COLETTA, CHAIRMAN County Attorney Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C1 April 24, 2007 Page 17 of 31 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: William P. McCauley and Rosemary McCauley, Husband and Wife Whose mailing address is 855 Manatee Rd Naples, Fl. 34114 Bearing the date of the 29th day of October 1999, recorded in Official Record Book 2606 Page(s) 1041, 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: LOT 26, BLOCK B, UNIT NO. 2, RIVERWOOD (NOT RECORDED). BEING A PORTION OF SECTION 10, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. BEGIN AT POINT BEARING NORTH 89• 20'26" WEST AND DISTANT 60.0 FEET FROM THE SOUTHEAST CORNER OF LOT 14 OF BLOCK B RIVERWOOD UNIT TWO, AS RECORDED IN PLAT BOOK 10, ON PAGE 90 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA: THENCE RUN SOUTH 00. 39' 34" WEST. 110.0 FEET TO THE NORTH RIGHT OF WAY LINE OF COUNTY ROAD 31: THENCE ALONG SAID RIGHT OF WAY LINE, NORTH 89. 20' 26" WEST, 60.00 FEET: THENCE LEAVING SAID RIGHT OF WAY LINE, NORTH 00. 39'34" EAST, 110.0 FEET: THENCE SOUTH 89. 20'26" EAST, 60.0 FEET TO THE POINT OF BEGINNING. THE NORTHERLY 6 FEET RESERVED FOR A UTILITY EASEMENT. FOLIO NUMBER: 00735160008 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 , 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 16C1 April 24, 2007 Page 18 of 31 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 JAMES COLETTA, CHAIRMAN Agenda Item No. 16C1 April 24, 2007 Page 19 of 31 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: John F McDermott, A Single Person Whose mailing address is 141 Lime Key Lane Naples, FI 34114 Bearing the date of the 18'" day of AUGUST,1999, recorded in Official Record Book 2582 Page(s) 2972, 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 UNIT NO. 85, WEST WIND MOBILE HOME ESTATES, 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 630, PAGES 1883 THROUGH 1932, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND SUBSEQUENT AMENDMENTS THERETO. FOLIO NUMBER: 81623400006 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 , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA, AS THE Agenda Item No. 16C1 April 24, 2007 Page 20 of 31 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 JAMES COLETTA, CHAIRMAN County Attorney Agenda Item No. 16C1 April 24, 2007 Page 21 of 31 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: ALCIBIADES RAMIREZ AND NARDA L. RAMIREZ, HUSBAND AND WIFE Whose mailing address is 1018 MANATEE RD NAPES, FL. 34114 Bearing the date of the 19'" day of November 1999, recorded in Official Record Book 2613 Page(s) 0406, 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 107, BUILDING E, GULF WINDS EAST CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORDS BOOK 508, PAGE 165 AND ANY AMENDEMENTS THERETO, TOGETHER WITH THE PRO -RATA INTEREST IN THE COMMON ELEMENTS AND COMMON PROPERTY OF THE CONDOMINIUM AND LIMITED COMMON ELEMENTS APPURTENANT THERETO, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 48483400001 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 , 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney 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 JAMES COLETTA, CHAIRMAN Agenda Item No. 16C1 April 24, 2007 Page 22 of 31 ._.. 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: CHRISTINE J ROCCHETTI, A SINGLE WOMAN AKA CHRISTINE J SMITH Whose mailing address is 220 GRASSY KEY LANE NAPLES, FL 34114 Bearing the date of the 161° day of July,1999, recorded in Official Record Book 2571 Page(s) 1743, 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. 189, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM AS MORE FULLY SHOWN IN OFFICAL RECORD BOOK 630, PAGES 1883 THROUGH 1932, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; TOGETHER WITH ALL UNDIVIDED INTEREST IN THE COMMON ELEMENTS OR SURPLUSES ACCRUING TO SAID PROPERTY. SUBJECT TO THE TERMS AND CONDITIONS OF THE AFOREMENTIONED DECLARATION OF CONDOMINIUM, EASEMENTS RESTRICTIONS, RESERVATIONS OF RECORD AND TAXES FOR THE CURRENT YEAR. ALSO INCLUDING A 1976 HOMETTE 12'X 64' MOBILE HOME. SERIAL NUMBER 0361.8375 WITH ALL THE ATTACHMENTS AND IMPROVEMENTS. FOLIO NUMBER: 81627560007 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 , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA, AS THE Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 16C1 April 24, 2007 Page 23 of 31 GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT JAMES COLETTA, CHAIRMAN Agenda Item No. 16C1 April 24, 2007 Page 24 of 31 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: ZENON C SANTOS AND YATHMIN DEL VALLE SOTO , AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP, PARTIES OF THE SECOND PART, GRANTEES. Whose mailing address is C/O MARTHA VOLINO 1580 RAINBOW CT MARCO ISLAND, FL 34145 Bearing the date of the 18' day of August,1999, recorded in Official Record Book 2582 Page(s) 2957, 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 NUMBERS 199 AND 200, WEST WIND MOBILE HOMES ESTATES, A CONDIOMINIUM AS MORE FULLY SHOWN IN OFFICIAL RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH AN UNDIVIDED INTERESTS IN THE COMMON ELEMENTS. FOLIO NUMBER: 81628000003 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 , 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney 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 JAMES COLETTA, CHAIRMAN Agenda Item No. 16C1 April 24, 2007 Page 25 of 31 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: Jose H. Solis and Yolanda Adzmendi Whose mailing address is 87 Isle of St. Thomas Naples, Fl 34114 Bearing the date of the 11th day of October 1999, recorded in Official Record Book 2600 Page(s) 3032, 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 Seven Hundred Twenty Nine Dollars and Eighteen Cents ($729.18) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 87, PORT -AU- PRINCE, ACCORDING TO THE PLAT RECORDED IN PLAT BOOK 13, PAGE 51, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. TOGETHER WITH A 1985 SKYLINE 26'X 64' MOBILE HOME, SERIAL NUMBERS 25650232AU AND 25650232BU, INCLUDING ALL ATTACHMENTS ANDIMPROVEMENTSTHEREOF. FOLIO NUMBER: 68343360009 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 , 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: 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 David C. Weigel JAMES COLETTA, CHAIRMAN Agenda Item No. 16C1 April 24. 2007 Page 26 of 31 County Attorney Agenda Item No. 16C1 April 24. 2007 Page 27 of 31 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 Al 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: JAMES L. SUTT AND MARVA L. SUTT, HUSBAND AND WIFE Whose mailing address is 47 GROUSE ROAD NAPLES, FL 34114 Bearing the date of the W day of August 1999, recorded in Official Record Book 2582 Page(s) 2952, 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. 47, OF QUAIL ROOST UNIT 1, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM, RECORDED IN OFFICIAL RECORD BOOK 980, PAGES 1634 THROUGH 1723, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH ALL APPURTENANCES THERETO ACCORDING TO SAID DECLARATION. ALSO, AN UNDIVIDED 1162ND INTEREST IN THE LANDS, WHICH INTEREST SHALL HEREAFTER BE DEEMED AN APPURTENCANCE TO SAID UNIT AND SHALL NOT BE SUBJECT TO PARTITION, OR CONVEYANCE SEPARATE FROM SAID UNIT. TOGETHER WITH A 1982 GREEN HILL 24x48 MOBILE HOME, SERIAL NUMBER FLFL2AB457903784 AND FLFL2BB457903784 INCLUDING ALL ATTACHMENTS AND IMPROVEMENTS THEREOF. FOLIO NUMBER: 68891880002 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 , 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No, 16C1 April 24, 2007 Page 28 of 31 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 JAMES COLETTA, CHAIRMAN Agenda Item No. 16C1 April 24, 2007 Page 29 of 31 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: Andre Vancol and Desilia Leandre, husband and wife Whose mailing address is 5321 Trammell Napes, Fl. 34113 Bearing the date of the 171" day of December 1999, recorded in Official Record Book 2622 Page(s) 0927, 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 Two Thousand Four Hundred Fifty Seven Dollars and Thirty Three Cents ($2,457.33) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 6, BLOCK 14, NAPLES MANOR LAKES, A SUBDIVISION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGES 86 AND 87, IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA FOLIO NUMBER: 62264240000 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 , 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney 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 JAMES COLETTA, CHAIRMAN Agenda Item No. 16C1 April 24, 2007 Page 30 of 31 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: ROCCO VOLINO AND MARTHA VOLINO, HUSBAND AND WIFE AND ANNA VELEZ, AN UNREMARRIED WIDOW, ALL AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP. Whose mailing address is 261 INDIAN KEY LANE NAPLES, FL 34114 Bearing the date of the 18" day of August 1999, recorded in Official Record Book 2582 Page(s) 3017, 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. 258, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM RECORDED IN OFFICIAL RECORD BOOK 630 AT PAGES 1883 THROUGH 1932 INCLUSIVE OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, TOGETHER WITH ALL APPURTENANCES TO THE UNIT INCLUDING THE UNDIVIDED COMMON ELEMENTS AND LIMITED COMMON ELEMENTS RESERVED FOR EACH UNIT THEREIN. FOLIO NUMBER: 81630320001 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 , 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney Agenda Item No. 16C1 April 24, 2007 Page 31 of 31 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 JAMES COLETTA, CHAIRMAN Agenda Item No. 16C2 April 24, 2007 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 1992 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 1992 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 94 -668 adopted by the Board on September 19, 1994 provided for the recording of the list of 1992 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 -668 was recorded on September 22, 1994 in Official Record Book 1986, Pages 766 through 942 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1992 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90 -30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the two accounts that have been paid in full for the 1992 Solid Waste Collection Services Special Assessment Liens. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Liens 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 these two Satisfactions of Lien for the 1992 Solid Waste Collection Services Special Assessment Liens. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service. Agenda Item No 16C2 April 24, 2007 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C2 Item 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 1992 Solid Waste Collection and Disposal Services Special Assessments_ Fiscal Impact is A30.00 to record the Satisfactions of Lien. Meeting Date: 4124/20075.00.00 AM Prepared By Pam Cattle Revenue Supervisor Data Public Utilities UBCS 312912007 4:18:05 PM Approved By Teresa Mason Revenue Manager Date Public Utilities UBCS 31301200710:15 AM Approved By Pam Cattle Revenue Supervisor Data Public Utilities UBCS 3130120071:39 PM Approved By Thomas Writes Operations Director Data Public Utilities Public Utilities Opembons 3130120073: 07 PM Approved By .John A. Yonkesky Utility Billing Director Date Public inalibos UBCS 41412007 9:44 AM Approved By James W. DeLOny Profile Uhluoes Atirgome toot r Date Public rWitivs ,.._ Public U 05fiee Administfnbrad 415120698:36 AM Approved By OME. COau.'oator Administrative Assistant Date County Manager's Office Oncle of Manngoment E Budget 411112007 7:32 AM Approved By Randy Gacbmwald ManagemenVDudget Analyst Date County Managers Office Office of Management 6 budget 4112120073: ii PM Approved By Michael Smykowski Monagoment& Butlget Director Date County Manager's Office Office of Management 8 Budget 4112/2007 5.1E PM Approved By James V. Mudd County Manager Data Board of County Comm lssioocrs County Maroon, Office 4/12120075:26 PM Agenda Item No. 16C2 RESOLUTION NO. 2007 - April 24, 2007 Page 3 of 5 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1992 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 19, 1994 adopted Resolution No. 94 -668 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1992; 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 1992 Service Year Solid Waste Collection and Disposal Special Assessment for the following accounts numbered below, subsequent to the adoption of Resolution No. 94 -668, 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. 76050 125752 This Resolution adopted this second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney day of 2007, after motion, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES COLETTA, CHAIRMAN This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239)774-8400 Agenda Item No. 16C2 April 24, 2007 Page 4 of 5 Property Folio No. 40621400007 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: SINGLETARY, ANGELA MARIE ALICE SHIELDS 2411 2ND AVE NE NAPLES, FL 339640000 The Lien was recorded on the 19'" day of September 1994, in Official Record Book 1986, Pages 766 through 942, 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 Seventy Four 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: GOLDEN GATE EST UNIT 76 W 105FT OF TR 21 OR 1662 PG 1470 OR 1908 PG 1157 Folio No. 40621400007 PROJECT NO. 61000 Account No. 76050 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 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239)774 -8400 Agenda Item No. 16C2 April 24, 2007 Page 5 of 5 Property Folio No. 63856600109 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: GORDILLO, SAMUEL J =8 MARIA M 505 NEW MARKET RD IMMOKALEE FL 339340000 The Lien was recorded on the 19'" day of September 1994, in Official Record Book 1986, Pages 766 through 942, 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 Three Dollars and Two Cents ($103.02) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NEW MARKET IMMOKALEE BLK 20 LOT 4 OR 1522 PG 2137 Folio No. 63856600109 PROJECT NO. 61000 Account No. 125752 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 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Agenda Item No. 16C3 April 24, 2007 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 1994 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact is $20.00 to record the Satisfaction of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for a residential account where the County has received payment in full for the 1994 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 95 -475 adopted by the Board on August 22, 1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95 -475 was recorded on September 14, - 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90 -30, as amended, provides the Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the one account that has been paid in full for the 1994 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $20.00, which is to be charged to County Water /Sewer Operating Fund (408). GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the one Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the one Satisfaction of Lien for the 1994 Solid Waste Collection Services Special Assessment Lien. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing Customer Service. Agenda Item No 16C3 April24. 2007 Page 2 of 4 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 1603 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 saga Lien is satisfied in full for the 1984 Solid Waste Collection and Disposal Services Special Assessment. Fiscal impact Is $20 00 to record the Satisfaction of Lien. Meeting Date: 4124/2007 9.00'00 AM Prepared By Pam Callis Revenue Supervisor Date Public Utilities UBCS 3129120074: 16: 50 PM Approved By Teresa Rai Revenue Manager Date Public Utilities UBCS 31301200710: 15 AM Approved By Pam Calls Revenue Supervisor Date Public Ulitilies UBCS 313012007 1:41 PM Approved By Thomas Wides Ogeranotes Director Data Public Utilities Public Utilities Operations 3130/2 00 7 3: 08 PM Approved By John A. Yonkosky Utility Billing Director Data Public Utilities UBCS 4142D079,46 AM Approved By James W. DeLdny Public milli Adminietrstor Date W Public Utilities PUbhc Utilities Admini,nob,n 41512007 9:42 AM Approved By OMB 6oaremator Admit, tractive /1ssiFlant Date .. mn" Manager's Off, Office of Management & Budget 411112007 7:33 AM .Approved By Randy Greenwald Manndement/eudget Analyst Data County Managers Office Office of Management& Budget 4111120070: 22 AM Approved By sti b al Smyaowski Management &Corner Duedor Data County Managers Office Office of Management & Budget 41112007 9:12 AM Approved By James0. card Cowrty Manager Date Board of County Commrssloners County Managers Office 4/14/200710:11 AM Agenda Item No. 16C3 April 24, 2007 Page 3 of 4 RESOLUTION NO. 2007- 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. 23058 This Resolution adopted this day of 2007, after motion, second and majority vote. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK BY: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency: David C. Weigel County Attorney This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (239) 774 -8400 Agenda Item No. 16C3 April 24, 2007 Page 4 of 4 Property Folio No: 63452720001 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: WEEKS JR, VAN D 1193 -1195 ALHAMBRA CIR SO NAPLES, FL 339400000 The Lien was recorded on the 14`" 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 Eight Dollars And Seventy Four Cents ($208.74), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES TWIN LAKES 1ST ADD BILK 11 LOT 24 OR 1801 PG 1964 Folio No. 63452720001 Project No. 64000 Account No. 23058 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 , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY. FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C4 April 24, 2007 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $70.00 to record the Satisfactions of Lien. OBJECTIVE: Adopt a Resolution approving the Satisfactions of Lien for residential accounts where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000 -236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000 -236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90 -30, as amended, provides that Satisfactions of Lien shall be approved by Resolution. The attached Resolution lists the six accounts that have been paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Lien and the Resolution is approximately $70.00, 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 six Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the six Satisfactions of Lien for the 1995 Solid Waste Collection Services Special Assessment Liens. PREPARED BY: Pam Callis, Revenue Supervisor, Utility Billing and Customer Service. Agenda Item No. 1604 April 24.. 2007 Page 2 of 9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 16C4 Item Summery: Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied In full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact Is 570.00 to record the Satisfactions of Lien. Meeting Date: 424/2007 9 00.00 AM Prepared By Pam Call's Revenue Supervisor Date Public Utilities UBCS 3(29120074:16'' G2 PM Approved By Teresa Rlesen Revenue Manager Date Public Utilities UBCS 31301200710: 15 AM Approved By Pam Call's Revenue Supervisor Data Public Utilities UBCS 3130120071:43 PM Approved By Thomas Andes Operations Director Date Public Utilities Public Utilities Operations 31302007 3:09 PM Approved By John A. Yoln osky Utility Billing Director Date Public UnIf.ce UBCS 414120079:46 AM Approved By James Nl DeLony Pobec Ullluea Annuournpocia Data �.. pohGC Uorres Public Ulillhes Abminislratlon 415120076'45 AM Approved By OMB COUmpmmr Adnumatrative lt.etard Dale County Manager s Office Office of Mnnagemenl A modest 4111120&7 7 34 AM Approved By Randy Greenwald darugemenOBudget Analyst Data County Manager's Office Dffice of Management 8 Budget 4111120D7 9:41 AM Approved By Michael Smykowski Mawgemen08 Budget Director Data County Manage /s Office Ofere of Management 8 9utlpet 41132007 VA1 AM Approved By James V. Mudd Courtly A "anager Date Board or County Chrom supers County Manager's Office 4114200710'. 14 AM Agenda Item No. 16C4 April 24, 2007 RESOLUTION NO. 2007- Page 3 of 9 A RESOLUTION APPROVING SATISFACTION OF LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS WHEREAS, pursuant to Collier County Ordinance No. 90 -30, as amended, the Board of County Commissioners on August 1, 2000 adopted Resolution No. 2000 -236 authorizing the recording of notices of liens for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Resolution No. 2000 -236, was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain properties for the delinquent solid waste collection and disposal services special assessments for 1995; and WHEREAS, Collier County Ordinance No. 90 -30, as amended, requires the Board to approve by Resolution and record in the Official Records a Satisfaction of Liens on all accounts that have been paid in full. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County Ordinance 90 -30, as amended the Board recognizes full payment and receipt of the 1995 Service Year Solid Waste Collection and Disposal Special Assessments for the following accounts numbered below, subsequent to the adoption of Resolution No. 2000 -236, whereupon a lien had been recorded on real property pertaining to the accounts identified herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board of County Commissioners, and the Clerk is directed to record this Resolution and these Satisfactions of Lien individually in the official records of Collier County: Account No. 5526 17789 20776 22282 24329 24633 This Resolution adopted this _day of , 2007, after motion, second and majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES COLETTA, CHAIRMAN Agenda Item No. 16C4 April 24, 2007 Page 4 of 9 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. 63856600109 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: GORDILLO, SAMUEL J =& MARIA M 505 NEW MARKET RD W IMMOKALEE FL 341423055 The Lien was recorded on the 8" day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Seventy Eight Dollars and Ninety Seven Cents ($78.97), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NEWMARKET SUBD BLK 20 LOT 4 Folio No. 63856600109 Project No. 65001 Account No. 5526 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 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C4 April 24, 2007 Page 5 of 9 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. 52650680006 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: GARZA, ENCARNACION =& NANCY O PO BOX 106 IMMOKALEE FL 341430106 The Lien was recorded on the 8" 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 Twenty 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: JOYCE PARK BLK B LOTS 8 + 9 OR 1012 PG 124 Folio No. 52650680006 Project No. 65000 Account No. 17789 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 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Approved as to form and legal sufficiency David C. Weigel County Attorney JAMES COLETTA, CHAIRMAN Agenda Item No. 16C4 April 24, 2007 Page 6 of 9 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. 60380960004 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: HINOJOSA RODRIGUEZ, EFREN PO BOX 691 IMMOKALEE FL 341430691 The Lien was recorded on the 8`" 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 Twenty 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: MOBILE MANOR LOT 26 OR 1377 PG 968 Folio No. 60380960004 Project No. 65000 Account No. 20776 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 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C4 April 24, 2007 Page 7 of 9 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. 62203480009 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: BOWER, WILLIAM =& RUTH 5537 SHOLTZ ST NAPLES, FL 341138766 The Lien was recorded on the 8t" day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES MANOR EXT BLK 5 LOT 15 Folio No. 62203480009 Project No. 65000 Account No. 22282 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 , 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Agenda Item No. 16C4 April 24, 2007 Page 8 of 9 -- 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. 63452720001 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: WEEKS JR, VAN D 1193 S ALHAMBRA CIR #1195 NAPLES, FL 341033207 The Lien was recorded on the 8'" 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 Two Hundred Five Dollars and Seventy Eight Cents ($205.78), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES TWIN LAKES 1 ST ADD BLK 11 LOT 24 OR 1801 PG 1964 Folio No. 63452720001 Project No. 65000 Account No. 24329 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 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Agenda Item No. 16C4 April 24, 2007 Page 9 of 9 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. 63852200008 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: SEMATUS,BEMET ANNE M DUMOND PO BOX 1694 IMMOKALEE FL 341431694 The Lien was recorded on the 8" 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 Twenty 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: NEWMARKET SUBD BLK 9 LOT 1 Folio No. 63852200008 Project No. 65000 Account No. 24633 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 , 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Agenda Item No. 16C5 April 24, 2007 Page 1 of 12 EXECUTIVE SUMMARY Recommendation to adopt a Resolution to approve the Satisfactions of Lien for Solid Waste residential accounts wherein the County has received payment and said Liens are satisfied in full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal impact is $90.00 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 1, 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 eight 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 $90.00, 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 eight Satisfactions of Lien for the accounts listed in the Resolution and authorizing the Chairman to sign the eight 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 16C5 April 24, 2007 Page 2 of 12 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number, 1GC5 Item 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 1396 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact le 590.00 to record the Satisfactions of Lien. Meeting Date: 4841200] 9.00.00 AM Prepared By Pam Callis Revenue Supervisor Date Public Utilities UBCS 3129120074:14:54 PM Approved By Teresa loosen Revenue Manager Date Public Utilities UBCS 313 0120 07 10: 16 AM Approved By Pain Callis Revenue Supervisor Date Public Utilities UBCS 3130120071:56 PM Approved By Thomas An es Operations Director Date Public Utilities Public Utilities Operations 3/302007 3:44 PM Approved By John A Yonkosky Utility BilPng Director Date Public Utilities IIDCS 414120079:48 AM Approved By Jamos W_ DeLany Public W.11t1es Adminiatrntor Date Public Utiiirra Pubbc Utilites Aaro rutratma 415120076:47 AM Approved By OMB Coordinator Administrative Assistant Date Ccunty Managers Office Office of Management & access 411'J2007 7.34 AM Approved By Rand, Greenwald Mmla.emenUBUdget Acelyrt Data County Manager's Office Office of Me ... circuit & Budget 41112007 9:47 AM Approved By Michael Smykowsm Management& protect Director Data County &tanager's Office Of oc of Management & Budget 411312007 9:20 AM Approved By Jamesv. Mudd County Manager Data Board of County Commissioner, County Manager's Crime 411412007 10 15 AM Agenda Item No. 16C5 April 24, 2007 RESOLUTION NO. 2007- Page 3 of 12 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. 5021 7294 19583 24536 27766 27889 28202 29036 This Resolution adopted after this majority vote. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency: David C. Weigel County Attorney day of , 2007 after motion, second and BOARD OF COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JAMES COLETTA, CHAIRMAN 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: 24982520008 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: GALLAGHER, WILLIAM F V 1883 HARBOR LN NAPLES FL 341044268 The Lien was recorded on the 8'" 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: BROOKSIDE UNIT 3 PLAT 2 BILK G LOT 2 OR 1603 PG 319 Folio No. 24982520008 Project No. 66000 Account No. 5021 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 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Agenda Item No. 16C5 April 24, 2007 Page 4 of 12 Agenda Item No. 16C5 April 24, 2007 Page 5 of 12 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: 35641360006 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: MENDICINO, DAVID =& MINDY N 4125 GOLDEN GATE PKWY NAPLES FL 341166521 The Lien was recorded on the 8T" 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 Eight Dollars and Twenty Six Cents ($208.26) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 21 GOLDEN GATE UNIT 1 BLK 6 LOT 15 Folio No. 35641360006 Project No. 66000 Account No. 7294 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 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney 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: 52650680006 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: GARZA, ENCARNACION =& NANCY O PO BOX 106 IMMOKALEE FL 341430106 The Lien was recorded on the 8T" 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 Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: JOYCE PARK BLK B LOTS 8 + 9 OR 1012 PG 124 Folio No. 52650680006 Project No. 66000 Account No. 19583 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 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Agenda Item No. 16C5 April 24, 2007 Page 6 of 12 Agenda Item No. 16C5 April 24, 2007 Page 7 of 12 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: 62203480009 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: BOWER, WILLIAM =& RUTH 5537 SHOLTZ ST NAPLES FL 341138766 The Lien was recorded on the 8T" 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 EXT BILK 5 LOT 15 Folio No. 66203480009 Project No. 66000 Account No. 24536 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 , 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney 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: 65074040002 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: WILLIAMS, JESSIE 4506 48TH AVE VERO BEACH, FL 329671042 The Lien was recorded on the 8T" 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 Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PALMETTO PARK BILK 4 LOTS 2 + 3 OR 567 PG 469 OR 1539 PG 429 OR 1650 PG 380 Folio No. 65074040002 Project No. 66000 Account No. 27766 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 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency C. Weigel BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Agenda Item No. 16C5 April 24, 2007 Page 8 of 12 Agenda Item No. 16C5 April 24, 2007 Page 9 of 12 County Attorney 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: 65171240006 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: TYLER, ROBRIEST H =& GABRIEL 605 BREEZEWOOD DR IMMOKALEE FL 341424206 The Lien was recorded on the 8T" 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 Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PALM RIDGE UNIT 2 LOT 78 OR 2076 PG 1803 Folio No. 65171240006 Project No. 66000 Account No. 27889 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 2007. ATTEST: DWIGHT E. BROCK, CLERK Approved as to form and legal sufficiency David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Agenda Item No. 16C5 April 24, 2007 Page 10 of 12 Agenda Item No. 16C5 April 24, 2007 Page 11 of 12 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: 65671600007 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: TURNER, BRENDA K 654 PALM LAKE DR NAPLES FL 341045406 The Lien was recorded on the 8T" 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: PALM SPGS EST UNIT 1 BLK 3 LOT 9 Folio No. 65671600007 Project No. 66000 Account No. 28202 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 2007. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney 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: 67490480008 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: EDMOND, JESUIS 5348 TEXAS AVE NAPLES, FL 341137828 The Lien was recorded on the 8T" 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 Eight Dollars and Twenty Six Cents ($208.26) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: PINE VIEW VILLAS BILK A LOT 12 OR 1839 PG 110 Folio No. 67490480008 Project No. 66000 Account No. 29036 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 2002 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: JAMES COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel County Attorney Agenda Item No. 16C5 April 24, 2007 Page 12 of 12 Agenda Item No. 16C6 April 24, 2007 Page 1 of 30 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners Award Contract # 06- 4049 Public Utilities Division Asset Management Program Development and Implementation to Camp Dresser & McKee, Inc., for the amount of $447,946.00 for the first phase. OBJECTIVE: To have the Board of County Commissioners approve the contract with Camp Dresser & McKee, Inc., to provide professional consulting services to develop an asset management program within the Public Utilities Division to attain maximum value from physical assets while improving overall efficiency. CONSIDERATIONS: The Public Utilities Division has identified asset management as a critical tool for the efficient, cost effective management of the Utility System in the future. The Division has embarked on a mission to establish a comprehensive Asset Management Program involving all key departments of the Division. During the recent bond rating agency visits in November, 2006, the Fitch and Moody agency representatives expressed verbal support and encouragement for the utility to implement a sound asset management program to assist in management of its financial future. Further, the Qualserve peer review conducted in the Spring of 2004, acknowledged the _ need for an asset management system to be an integral part of a viable utility system." A Request for Proposals (RFP) for the Asset Management Program was issued on August 29, 2006. Notices were mailed to 92 fmms, and 32 firms requested full proposal packages. Nine proposal responses were received on September 29, 2006. The Selection Committee met on November 16, 2006, and by consensus, short listed the following firms: 1. Camp Dresser & McKee (CDM) 2. MalcohnPinie,Inc. 3. Montgomery Watson Harza (MWH) A contract has been successfully negotiated with the number one firm, Camp Dresser & McKee. The purpose of the Asset Management (AM) program is to achieve maximum value at minimum cost from utilities infrastructure assets while meeting the performance standards expected by its stakeholders. This project will provide the knowledge, processes and supporting technologies necessary for the program to succeed. The project will be conducted in three phases. Phase One Asset Management Assessment - establishment of a Division wide vision and set of ultimate program goals, assessment of current operation manuals practices in each segment, a high level information technology assessment and plan for entire division, and organizational assessment to measure alignment of the Division. 1 of 2 Agenda Item No. 16C6 April 24, 2007 Page 2 of 30 Phase Two Design — Asset hierarchy and asset data identification and organization, service level definition, criticality rating, condition assessment and valuation assessment, maintenance strategy development and capital improvement evaluation techniques, work and asset management system, re- valuation assessment tool, performance measurement/management system, application interfaces. Phase Three Program Implementation - Technology selection, technology implementation management, business process improvement, piloting and rollout, change management services, technology development, equipment and infrastructure condition data and development of a performance measurement system. Approval of Phase One for the Asset Management Assessment is requested from the Board in the amount of $447,946.00.This proposal has been reviewed by Division Staff and the Purchasing Department and determined to be fair and reasonable. Separate approvals will be sought from the Board at a later date for Phases Two and Three. The timing of the three phases is shown on the attached timeline. FISCAL IMPACT: Funds totaling the amount of $500,000.00 are available in County Project Numbers 711651/710121 "Asset Management Development and Implementation" for Fiscal Year (FY) 2007. GROWTH MANAGEMENT IMPACT: This project is consistent with and furthers the Goals, Objectives and Policies of the Collier County Growth Management Plan and Asset Management is referenced in the 2005 Water and Wastewater Master Plans adopted by The Board of County Commissioners on June 6, 2006, item 10 B., see pages 6 -14 in the Water Master Plan and pages 6 -18 in the Wastewater Master Plan. RECOMMENDATIONS: Staff recommends that The Board of County Commissioners, as Ex- officio Governing Board for the Collier County Water -Sewer District: Approve Contract 06 -4049 with Camp Dresser & McKee, Inc. Authorize the Chairman to sign the contract for a negotiated amount of $447,946.00 after review by the County Attorney PREPARED BY: Trevor P. Trinkaus, GIS Analyst Public Utilities Engineering Department 2of2 Agenda Item No. 16C6 April 24, 2007 Page 3 of 30 COLLIER COUNTY .�. BOARD Of COUNTY COMMISSIONERS Item Number: 16C6 Item Summary: Recommendation that the Board of County Commissioners Award Contract # 064049 Public UQiatles Division Asset Management PfOgmm Development and Implementation to Cam, Dresser & McKee, Inc., for an amount for the first phase not to exceed $447946.00 Meeting Date: 4/2412007 9'00:00 AM Prepared By Trevor Timken. GIS Analyst Data Public Utilities Public Utilities Engineering 41212007 10:13:51 AM Approved By Roy B. Andaman. P.E. Public Utilities Engineering Director Data Public Utilities Public Utilities Engineering 41612007 8:47 AM Approved By Phil E. Gramatges, P.E. Sr. Project Manager Data Public Utilities Public Utilities Engineering 41612007 2:30 PM Approved By Thomas Wldcs Operations Director Data Public Wrote, Public Utilities Opemtions 4110120074: 01 PM Approved By Pamela Libby Water Operations Manager Dale Public Utilities Wnter 411012007411 PM Approved By Jon Pratt Treannont Plant Sooner infantlent Data Public U1111Uee Wastewater 4110120W 615 PM �. Ara raved By Paul Matrausch water Director Use Public Utill ies Water 411112007 9'.16 AM Approved By G. Ceorue yilmar Wastewater Director Dare Public Utilities Waste Water 411112007 11 10 AM Approved By Dianna Perryrnen Contract Specialist Data Administrative Services Purchasing 411212007 3:53 PM Approved By Kelsey Ward Contract Administration Manager Date Administrative Servicaa Purchasing 411212007 4:50 Per .Approved By James W. DeLony Public Utilities Administrator Data Public Utilities Public Utilities Administration 411312007 9:39 AM Approved By OMB Coordinator Administrative Assistant Dare County Managers Office Office of Management S Budget 4113120071:35 PM Approved By Susan Usher Senior Maregernentrubget Analyst Data County Man age YS Office Office of Management 8 Budget 4117120074:53 Ple Approved By Michael Srnykawskl Management & Budget Director Dam -�-- County Manager's Office Office of Management & annual 411712067 5:27 PM Approved By James V. Mudd County Manager Data Board of County Commissioners County Manatees OKme 411712007 5:61 PM Agenda Item No. 16C6 Asset Management Cost Estimate (Revised 219107) April 24, 2007 RFp #064049 Page 4 of 30 r s` 6Fei Fe eh ,` 40 = Task SOMesk TasF Descd o 1A ProjM Mana9arrwM e 1 Governance + 24 96 A 292 120 00 90 192 $76.209 2 Management d0 1M 3 PmgressMeetings 40 40 4 Document Management 24 5 Ceollty CoMmgAssumOCe 16 40 10 Vision and GO918 4 24 28 8 24 24 112 515,808 1 Revtew Emielg Strategic Planning Documents 4 4 8 12 8 2 Provide Fragment Reading Material d Division Repneatanes 4 8 12 3 Conduct vision ard Mission tamna d, 4 8 8 4 Develop Charter Statement 4 12 8 8 1C GapAnalysb 24 72 100 232 1" 48 620 $87,18 1 Collect Current Pedonnance Data 24 24 2 Conduct Oneorvone and Smallymup lMervtets 60 40 24 3 Compile and opacomm lnte am Findings 40 q ReNHV Findings 24 24 5 Conduct Findings Workshops 24 16 16 6 Develop EHaency and Effectiveness Measures 24 16 48 24 7 Conduct Bat Appmpdate Preo,ao(BAP) Tayet WOrksMps 24 24 24 8 Pmduw Technical Memorandum On Asset Management Practices 24 4 ifi 32 24 10 High -level Technology Assessment and Plan 24 40 248 88 72 472 $71,480 1 Meet WIM County IT RepreseMadva 24 2 Remn- Enterprise SollyAre tipples and User Profiles 24 3a Review SAP Configuration 24 40 3p Review County CIS Data Standards and Geodalabaze Omc,o 40 40 30 Review l- nHANCE Utility Information Management System 24 3d Review Allmax Operator 10 (OP 10) Deployment Strategy 24 4 DOW= IT Assessment WOrksMas 24 24 5 Perform Follow up Rev. 24 24 t6 6 Produce Technical Memorandum on lT Assessment 24 40 40 16 1E Drganlaraoomal Assessment 24 72 as 136 280 $39.728 1 EstaNlatl Organizational Assessment Won, Group 32 2A Develop Alignment Assessment 16 8 16 2O Oeveld, Involvement and Cammurloatuns Assessment 16 8 16 2c Develop ACCnuniathity and Incentive Assessment 16 a 16 3 Devalop Training and Staff Development Assessment 0 16 32 4 Pmduca Technical MVmomr on on Organuatgnal Assesament 24 16 8 24 1F Business Case 24 128 72 16 40 200 $38,248 t Regulatory RegulnemenU t6 16 2 OOanti60ation Of Program Benefits 40 4 3 Program Cast and Risk Asse55ment a 4 4 Relum vestment Analysis 32 32 ifi 5 Conduct Business Case WoneraPs 32 16 6 Prepare Technical Memorandum On Business Cesa 24 40 1G Team Challenge 120 144 112 Be 24 408 S8;160 1 Perform Criticality Assessment 24 24 16 40 2 Select DMical Asset d Analyze 16 16 3 Selec Team and Conduct Planning WoM1sMp 16 24 4 Dolled Relevant Asset Data 48 5 Conduct Maimaance Strategy vy manop 40 6 PoWlate CAMPTmI 48 40 7 Conduct RRRP Development NbMshop 48 40 6 Produce Team Challenge Raddr, 24 24 1H Phase 1 Project Report 24 64 40 60 56 2" $37.328 1 Develop Phase 2 Recommendations 24 40 60 40 2 Produce Phase 1 Retard 24 40 16 PHASE I LABOR TOTAL Billing Rates 148 352 136 780 848 344 2088 5420,236 E 57 S 75 E 115 S 145 $ 170 S 225 $19,710 PHASE I EXPENSE TOTAL f447.94fi TOTAL for PHASE I 2/9/2007 Cooler County Asset Mandr, aBrll Pno3ram Development and lmplandmitiron sg,t;) 2)\ \ }z } § \ % a ? U � \ \ { � / / �.� } § 2 k cn o . , � , . ....�. , n 2 \ � \ § § CD > \ o E � 5$� 2 E�� { \ e E \ a 774 o « - / k � \ 7 0 w w e 4z(� / L § { © o 7 2 3 ° ■ ■ 2 f I ■ C m 0 CL I £ 2 a ) Agenda Item No. 16C6 April 24, 2007 Page 6 of 30 Project #06 -4049: Public Utilities Division Asset Management Program Development and Implementation Background Collier County Public Utilities Division (OWNER) is contracting with Camp Dresser & McKee Inc (ENGINEER) and its subcontractor, GHD, to implement an asset management program. ENGINEER will plan and guide the program and will provide technical and business support for program implementation. OWNER will participate in, review and approve program planning and design and will lead program implementation with support of ENGINEER. The purpose of the asset management program is to achieve the maximum value from OWNER's infrastructure assets while meeting the performance standards expected by its stakeholders. This project will provide the knowledge, processes and supporting technologies necessary for the program to succeed. The program will be conducted in three phases: (1) assessment, (2) design, and (3) implementation. The phases are sequential and dependent. Therefore, the tasks specified in this scope of work for phase 2 may require modification at completion of phase 1 and the tasks specified for phase 3 will likely require modification at the completion of phase 2. OWNER and ENGINEER acknowledge that an important measure of success for this project is achievement of the following outcomes: Consistent business -driven work and asset management procedures will be implemented throughout the Public Utilities Division based on "best appropriate practices" (BAP) specific to Collier County; • Software tools to support OWNER's asset management program will be specified and implemented. • Organizational alignment and staff training to support best appropriate practices and supporting tools will be achieved. Terminology The following terms and acronyms are used in this contract: AM "Asset Management" AMT See "Asset Management Team" ArcPad A software product that operates on mobile and handheld computers and provides digital map viewing and editing capabilities. Asset Management Team a cross - section of OWNER management and staff that participate in interviews, workshops, document review and that serve as ambassadors for the asset management program as the project progresses within and between phases. Agenda Item No. 16C6 April 24, 2007 Page 7 of 30 BAP See "Best Appropriate Practice" Benchmark A measure — either quantitative or qualitative — used for comparative analysis. Best Appropriate Practice The highest level of achievement of a particular business practice deemed by an organization to be appropriate to its values, goals and priorities. Best Practice The highest level of achievement to be in active practice by world - leaders as recognized by industry professionals. Charter Statement A policy statement that establishes the vision, goals and organizational commitment to the asset management program. Current Asset Value The cost required to replace an asset in -kind at its current condition and level of performance. Executive Work Group Executives who provide guidance and direction to the asset many ement program Executive Work roue See "Steering Committee" Governance Team Subject matter experts that provide support to ENGINEER's Project Director. Key Performance Indicator A significant measure used on its own, or in combination with other key performance indicators, to monitor how well OWNER is achieving its quantifiable objectives KPI See "Key Performance Indicator" Level of Service A standard of performance provided by OWNER to its customers life -cycle costs The total cost of owning an asset over the estimated period of time during which an asset is expected to be able to be used or the benefits represented by the asset are expected to be derived. Costs include both capital and recurring cost. Examples include design, construction, maintenance, insurance, rehabilitation, operating, and disposal costs. LOS See "Level of Service" LOSS Level of Service Standard — synonymous with Level of Service Metric The units of measure used to help assess the degree to which goals are achieved Notice to Proceed Approval by OWNER for ENGINEER to begin work on each phase of the project. NTP See "Notice to Proceed" Optimal Renewal Decision- A systematic method to decide when to implement what forms of making renewal for an aging asset. Renewal options typically include repair, rehabilitation and replacement. ORE M See "Optimal renewal Decision - making" Organizational Alignment A state of being in which all operating units within an organization behave in support of a unified mission using a common management philosophy and set of interdependent metrics to achieve the mission. Organizational Assessment An Ad -hoc committee of OWNER representatives that works closely Workgroup with ENGINEER during execution of the Phase I organizational assessment. Phase I The assessment phase of this project. Phase 2 The design phase of this project. Phase 3 The implementation phase of this project. Team Challen e roject A small project used to learn, test and improve processes and Agenda Item No. 16C6 April 24, 2007 Page 8 of 30 Scope of Services Phase 1: Assessment Task lA — Project Management The purpose of this task is to provide coordination between the OWNER and the ENGINEER to carry out project tasks in accordance with the scope, schedule, budget and quality requirements of this contract. ENGINEER is responsible for all project work including tasks performed by subconsultants. Subtasks associated with Task I are described below: IA.I Project Governance Structure technologies prior to full -scale implementation. Team Challenge Workgroup An Ad -hoc committee of OWNER representatives that work closely with ENGINEER during execution of the Phase 1 Team Challenge project. PQM "Project Quality Management." A facilitated meeting between project team members at which roles, responsibilities and critical success factors for a project or phase of a project are established by consensus. Project Director The project director maintains clear channels of communication between OWNER and ENGINEER, ensures there are direct lines of responsibility for work components; ensures that project costs remain within the established budget, facilitates quarterly governance meetings and provides regular checks on project technical control. RCM See "Reliability- centered Maintenance" Reliability- centered The optimum mix of reactive, interval- based, condition- based, and Maintenance proactive maintenance practices. These principal maintenance strategies, rather than being applied independently, are integrated to take advantage of their respective strengths in order to maximize facility and equipment reliability while minimizing life -cycle costs. Replacement Cost The cost in present day dollars necessary to replace an asset if it was to fail SCADA "Supervisory Control and Data Acquisition." An information technology that delivers operational information to a remote location and allows remote process control of an operation or device. Stakeholder An individual or organization that has a material interest in the level of service, environmental, social and /or financial activities of the OWNER. Steering committee See `Executive Work group" Supporting tools Written procedures, software, templates and educational materials that support the conduct of a work task or process. Technical Memorandum Written document prepared by ENGINEER and submitted in draft for OWNER review. Following receipt of OWNER comments, ENGINEER revised the TM. Once a revised version of the TM meets OWNER expectations, it is produced and delivered in final form. TM See "Technical Memorandum ". Scope of Services Phase 1: Assessment Task lA — Project Management The purpose of this task is to provide coordination between the OWNER and the ENGINEER to carry out project tasks in accordance with the scope, schedule, budget and quality requirements of this contract. ENGINEER is responsible for all project work including tasks performed by subconsultants. Subtasks associated with Task I are described below: IA.I Project Governance Structure Agenda Item No. 16C6 April 24, 2007 Page 9 of 30 ENGINEER will assist OWNER in establishing a structure for the successful governance of the project. ENGINEER will provide a project management team consisting of: Project Director — Mr. Paul Pinault. The primary role of the project director is to ensure that the vision of asset management fits with the strategic direction and culture of OWNER. The project director will maintain clear channels of communication between OWNER and ENGINEER, ensures there are direct lines of responsibility for work components; facilitates quarterly governance meetings and provides regular checks on project technical control. Project Manager— Mr. John Caldwell (Phase 1) and Mr. Michael Smith (Phases 2/3, anticipated). The project manager ensures timely completion of work according to an estab- lished schedule of activities oversees development of and ensures quality of all project deliverables, keeps the project costs within the established budget, maintains the project library, conducts monthly progress meetings, produces progress reports and invoices. Technical Director — Mr. Philip Chemin. The technical director provides technical leadership and direction to the project. He assigns staff that are best qualified to bring ENGINEER's global asset management experience to bear on positive project outcomes and represents ENGINEER at critical meetings and workshops as necessary to ensure all technical aspects of the project are being met. OWNER will provide a project management team consisting of: Project Manager — The OWNER's project manager is the single individual to whom ENGINEER reports during conduct of this project. OWNER's project manager may instruct ENGINEER to report to other OWNER representatives in fulfillment of any part of tie contract. Steering Committee — The steering committee is comprised of OWNER's managers and executives who will provide guidance and direction to the OWNER's project manager and to ENGINEER. Asset Management Team — The asset management team (AMT) is comprised of a cross - section of OWNER management and staff that will participate in interviews, workshops and document review. It is anticipated that members of the AMT will serve as ambassadors for the asset management program as the project progresses within and between phases. 1A.2 Project Management Master Project Schedule ENGINEER will develop and maintain a detailed master project schedule for the Project identifying milestones, deliverables, and key coordination meetings. Monthly Invoicing ENGINEER will prepare monthly master invoices for the project. ENGINEER and all subconsultants are responsible for assuring and certifying that invoices are correct and meet OWNER invoicing standards for format and allowable costs. Invoices will be submitted within two (2) months of the effort being billed unless the OWNER authorizes an extension. A narrative summary of the effort being billed will accompany the invoices. A cumulative summary of durable goods purchased as Other Direct Costs (ODCs) for the project will be Agenda Item No. 16C6 April 24, 2007 Page 10 of 30 included in each Project Invoice. ENGINEER will address all project budget, management and schedule issues. If OWNER action is required, ENGINEER will recommend a suggested course of action. Project Contracts and Invoice Library ENGINEER will maintain a complete project library and master files of all contract and subcontract actions and reports. ENGINEER will develop a OWNER- approved, PC -based master spreadsheet on which all contract and subcontract budgets, billings, contract modifications and invoice actions will be tracked through the project. A hard copy of the most current spreadsheet will be submitted with proposals for budget revisions or contract modifications. The master spreadsheet will provide detail to the activity level (e.g., IA.2). 1A.3 Progress Meetings Progress meetings between the OWNER and ENGINEER will be held on a monthly basis either in person or by telephone. ENGINEER will prepare monthly status reports to be submitted to the OWNER at least seven (7) calendar days prior to the meeting. The project status reports will include the following information: ■ Current scope of work completion status versus anticipated status, • Updated project schedule, • Summary of budget status, • Project information and decision needs including the anticipated source, expected response time and any issues or problems that could delay the expected response, • Anticipated tasks and accomplishments for the coming month, • Questions, comments, problematic issues and suggestions, • Identification of out of scope task work, and • Invoicing issues and proposals to address such issues. ENGINEER will prepare agendas for progress meetings to be submitted with the monthly progress report and will also prepare meeting minutes to be submitted to the OWNER for review within two (2) working days following the meeting. Once they are reviewed and approved by the OWNER, the minutes will be distributed to the project team. 1A.4 Document and Data Management ENGINEER realizes how proper document and data management can be used on future projects and to provide valuable information on how and why decisions were made. ENGINEER will host an internet site that provides on -line access to all documents produced during the project. 1A.5 Project Quality Assurance /Control Governance Meetings Agenda Item No. 16C6 April 24, 2007 Page 11 of 30 Governance meetings between ENGINEER's Project Director and OWNER's Steering Committee will be held quarterly. These meetings will be used to brief OWNER executives on project challenges and achievements, facilitate management -level discussion about the program and to set shared commitments for organizational alignment Deliverables Review ENGINEER will implement a quality assurance process to ensure that each project deliverable is reviewed by senior professionals with in -depth asset management experience who are not directly involved in daily project activities. QA reviews will be documented and recommendations acted upon by the ENGINEER's Project Manager and team members responsible for the deliverable(s) reviewed. Task 1B Vision and Goals The intent of this task is to establish a vision for the asset management program and to document that vision in the form of a charter statement. The subtasks included in Task I are as follows: 18,1 Review Existing Strategic Planning Documents OWNER will compile existing key strategy documents for ENGINEER to read in preparation for a vision - setting workshop. The OWNER's Reliability Guidelines and Water Master Plan are examples of relevant strategy documents that are familiar to ENGINEER; All manner of relevant and current written materials that convey OWNER's values, strategic objectives and operating guidelines will be made available to, and reviewed by Engineer. 1B.2 Provide Preparatory Reading Material to OWNER Representatives The more OWNER understands about the history and current state of practice in asset management, the more productive the vision- setting and charter statement development effort will be. In this subtask, ENGINEER will compile executive briefing material about asset management that is most directly relevant to the critical issues identified in earlier subtasks. Materials will be limited to prevent over burdening OWNER's staff. The purpose of this subtask is to produce a customized set of "spark- notes" on asset management best practice that can be referred to by the project team as the project progresses. 1B.3 Conduct Vision and Mission Workshops Two workshops will be conducted. The first will include the executive workgroup and the operational heads (or their delegates) from each of the OWNER'S Department. During this workshop we will craft a vision statement for OWNER's asset management program and a mission statement for Phases I of the project and will review the project workplan in detail and discussion of all critical issues to serve as background for a Project Quality Management (PQM) session. The PQM will solidify the governance structure for the project, clarify project roles and responsibilities, establish a project mission statement, produce a list of critical success factors to be referenced to throughout the project, to identify potential risks to project success and recommend approaches to mitigate these risks. A number of elements of what will become the charter statement will be identified and captured by ENGINEER. This information will be taken into the second workshop which will be used to develop a draft, comprehensive asset management charter statement. Agenda Item No. 16C6 April 24, 2007 Page 12 of 30 It is recommended that the second workshop be attended by the AMT. During this workshop, details of the charter statement will be worked out such that the proposed language reflects an implementation perspective provided by the AMT and is in keeping with the overall direction/boundaries set by the executive workgroup. 1B.4 Develop Charter Statement A charter statement will be drafted based on the outcomes of the workshops. It is anticipated that several iterations of the charter will be circulated for revision before a final version is approved. Task 1C Gap Analysis The purpose of this task is to benchmark OWNER'S existing asset management practices against best appropriate practices (BAP). ENGINEER will utilize GHD's TEAMQF assessment tool referred to as "GAP -X" for this purpose. The version of GAP -X utilized for this project contains approximately 160 questions and a database of gap results and best practice metrics of over 200 utilities and municipalities. The subtasks to be performed include: 1C.1 Collect Current Performance Data An information request will be prepared, in writing, and provided to OWNER'S Project Manager. Documents or other materials that relate to the items below will be requested. It is not expected that information will be available for all the items to be requested in this subtask. Where information is available, representatives of the operating units that maintain the information will be contacted to schedule review sessions. Some of the information of interest to this subtask includes: • Asset Categorization • Asset Commissioning and Handover • Asset Criticality Assessment • Asset Depreciation and Effective Life Tracking • Asset Hierarchy and Roll -up Capability • Complaints System Utilization • Condition Data Standards • Consequences of Failure Analysis Methods • Historical Maintenance Cost Tracking • Inventory/Stock Control Methods • lob Execution and Control /Feedback • Job /staff Scheduling and Cost Control • Life Cycle Cost Analysis Techniques • Maintainability /Operability Assessments (during design) • Maintenance Cost Estimating /Budgeting • Maintenance Manuals /Instructions • Operational Costs Accounting/Budgeting- • Optimized Renewal Decision Making (ORDM) Framework • Performance Data Standards /LOSS Linkage • Performance Monitoring and Control • Risk Management Methods • Reliability - centered Maintenance Methods • Software Utilization 1C.2 Conduct One -on -One and Small -Group Interviews A subset of OWNER'S staff will be selected for interview. The interviewees may be members of the Asset Management Team or other staff. Prior to the interviews, ENGINEER will distribute Agenda Item No. 16C6 April 24, 2007 Page 13 of 30 an interview preparation packet so that interviewees may think about the questions to be answered. Approximately 11 interviews will be conducted based on the table below. Where possible, interviews will be conducted in small groups of 3 -7 individuals. En ineerin Capital Planning Engineering Facilities Design and Construction Water Well Field and Treatment Plant Operations and Maintenance Water Distribution System Maintenance Wastewater Reclamation Facilities Wastewater Pump Station and Treatment Plant Operations and Maintenance Wastewater Collection System Maintenance Pollution Control Comprehensive Customer Service and Billing Comprehensive Executive Rate - setting and Financial Planning Executive 1-Development of Capital and Operating Budget The questions that will be addressed by each group will focus on the specific functional area of interest, but will also include general questions that relate to the two other assessment areas of Task 1: Information Technology and Organization. The information acquired through these group interviews will be used as baseline information for the more detailed assessments of those areas in Tasks 1D and IE. 1C.3 Compile and Document Interview Findings ENGINEER will compile and reconcile interview responses in order to present a coherent initial picture of existing conditions. 1C.4 Review Findings Validation Workshops Up to three work sessions will be held with interviewees to review interview findings and ensure that ENGINEER has fairly and appropriately interpreted the information acquired during the interviews. Review Meetings Sometimes interview findings are irreconcilable between parties. In these cases it is critical to meet with department or unit heads to gain perspective on the comments of interviewees. ENGINEER will hold up to 5 individual (or small group) interviews for this purpose. Agenda Item No. 16C6 April 24, 2007 Page 14 of 30 1C.5 Conduct Findings Workshops Once findings are reviewed with Department heads, a findings workshop will be held with the AMT. The purpose of the workshops is to score OWNER's asset management practices versus GAP -X benchmarks. The scoring will represent a consensus view of OWNER staff as to the current state of asset management practice. 1C.6 Develop Efficiency and Effectiveness Measures Effectiveness In this activity ENGINEER will develop proposed weightings associated with each benchmark. The weightings will reflect OWNER's priorities for tracking the effectiveness of asset management improvement measure, and used later in Task 1 to set implementation priorities. The weightings proposed by ENGINEER in this activity will be modified during workshops with OWNER in Task 1 C.7 and will ultimately form the basis of program development priorities recommended at the completion of Phase 1. Efficiency In this activity, ENGINEER will identify ranges of metrics that may be appropriate measures of efficiency for OWNER based on ENGINEER's understanding of OWNER's business practices, mission, goals and priorities. These metrics will be conveyed in the form of key performance indicators, or KPI's amenable to quantitative tracking. Final, recommended KPI's will be established later in Phase I and managed regularly throughout development of the asset management program. 1C.7 Conduct Best Appropriate Practice (BAP) Target Workshops Up to three workshops will be held to refine the effectiveness or efficiency measures of Task 1C.6. The outcome of these workshops will be a modified set of KPI's. 1C.8 Produce Technical Memorandum on Asset Management Practices A technical memorandum will be drafted, presented to the AMT and finalized based on OWNER's comments and requests. Task 1D High -Level Technology Assessment and Plan A technology assessment will be performed in order to understand the software resources available to the OWNER, the organizational structure in place to maintain software and support users and to gain insight into software improvement priorities. This task will be complimentary to the gap analysis conducted in Task 1 C. The inquiry and assessment will be framed in the context of the asset management processes (and gaps) identified during that task. The outcomes of this task will provide a starting point for the software system requirements work to be done in Phase 2. While most of the detailed requirements will be established during Phase 2, the basic data requirements necessary for a comprehensive asset management program are known at this time and are listed below. • Parent Asset ■ Physical Characteristics ' Capacity /operational ratings • Installation Date • Design Life • Expected Remaining Useful Life • Percentage of Life Consumed • Asset Function • Primary Failure Mode • Failure Signature • Operational Effects of Failure • Anticipated Renewal date • Renewal Action Agenda Item No. 16C6 April 24, 2007 Page 15 of 30 • Maintenance History • Reliability Standard • Performance History • Performance Standard • Original Cost • Current Value • Replacement Cost ■ Availability of Backup/Redundancy • Probability of Asset Failure ■ Consequences of Asset Failure • Risk Rating of Asset • Renewed Condition Level • Renewed Life Expectancy During this task, ENGINEER will acquire a complete understanding of whether, and to what degree, these data are maintained by OWNER and how these data move between OWNER's various software systems. The subtasks to be completed as part of Task 1D are: ID.I Meet With County IT Representatives ENGINEER will meet with OWNER'S IT representative(s) to understand the IT governance structure within the Department and at the County level. IT governance "sets the rules" for what software is considered enterprise- class, what software is considered discretionary investments and what software is considered office productivity tools. These decisions have material effect on the OWNER as they determine the degree to which maintenance and operational data can be stored in various systems. 1D.2 Review Enterprise Software Licenses and User Profiles An inventory of software in existing use by OWNER for asset management will be cataloged in this subtask. 1D.3 Prepare IT Utilization and Data Flow Summary A summary of how each software system is currently configured and utilized to support asset management will be produced, along with data flow diagrams indicating the lifecycle of asset management data. Agenda Item No. 16C6 April 24, 2007 Page 16 of 30 Review SAP Configuration SAP is the most comprehensive enterprise resource planning software available in the marketplace. It is also very complex and difficult to master. The benefits that SAP may provide to OWNER depend upon how SAP is configured, the OWNER's facility with the product, what modules of SAP are owned and the strategic purpose that SAP software is intended to serve. In this subtask, configuration parameters, implementation documentation and module utilization by other County Divisions responsible for infrastructure assets will be reviewed to gain an understanding of the opportunities that SAP may provide for the OWNER's asset management program. Review County GIS Data Standards and Geodatabase Design GIS software is critical to successful asset management involving what is commonly referred to as "street- side" assets. The spatial distribution of these assets, and the ability of GIS software to analyze and display network relationships between them, makes it desirable to store pipe characteristics, condition and other asset management data directly within the GIS. It is important to establish sensible policies regarding how much of what kind of data are stored in the GIS versus the Work and Asset Management System (WAMS) to be specified in Phase 2. The review conducted in this subtask will enable ENGINEER to determine an appropriate plan for optimal GIS utilization. A particular focus of this activity will be for ENGINEER to gain an understanding of OWNER's use of Arcpad as a tool to coordinate and facilitate field crew deployment. Review I- nHANCE Utility Information Management and Special Assessment System I- nHANCE is a utility- specific enterprise software system that is built around its customer billing database. It offers redundant capabilities to SAP, specifically as relates to General Ledger, Work Order Management, Fixed Asset Inventory and Budget Forecasting. During this subtask, ENGINEER will evaluate the use of I- nHANCE, the support that OWNER receives by the vendor and the merits of continuing to us I- nHANCE versus migrating to a newer commercial product or to SAP. Review Allmax Operator 10 (OP -10) Deployment Strategy OP -10 is used by plant operations to store, analyze, and report plant process information regarding flows, samples and trends. A principal concern to be addressed by ENGINEER in this subtask is the possible retirement of OP -10 if and when OWNER implements a new maintenance management software package -- such as the Hansen system which is currently being reviewed — and the overall relationship of OWNER's maintenance management software requirements and the more comprehensive asset management software requirements to be established during Phase 2. 1DA Conduct IT Assessment Workshops A workshop will be conducted to validate the findings of subtask 1 D.3 1D.5 Perform Follow -up Reviews It is anticipated that information will be uncovered during the workshop that will require follow - up and reassessment. This will be accomplished through one -on -one meetings following the workshop. Up to five one -on -one or small group meetings are budgeted. Agenda Item No. 16C6 April 24, 2007 Page 17 of 30 1D.6 Produce Technical Memorandum on IT Assessment A technical memorandum will be drafted, presented to the executive workgroup and finalized based on OWNER comments and requests. Task 1E: Organizational Assessment The organizational Assessment task assesses the magnitude or organizational changes necessary to successfully move forward with asset management. The following subtasks will be a part of this task. 1E.1 Establish Organizational Assessment Work Group ENGINEER recommends that a workgroup be convened to provide focus and guidance to the organizational assessment team. The workgroup should include representatives from: • Middle Management • Line Supervisors • Human Resources • Senior and Junior Staff considered to be peer leaders 1E.2 Conduct Assessment Workshops A series of 3 workshops will be conducted to explore each of the elements of the assessment. Alignment Assessment An assessment of organizational alignment (strategic goals /objectives, organizational structure, performance measurement) will be made based on workshop input and information acquired through the interview process in Task 1 C. Involvement and Communications Assessment An assessment of staff engagement, communication effectiveness, involvement and adaptability will be made based on workshop input and information acquired through the interview process in Task 1 C Accountability and Incentive Assessment An assessment of organizational accountability and motivation will be made based on workshop input and information acquired through the interview process in Task I C 1E.4 Develop Training and Staff Development Assessment Asset management training and staff development requirements will be identified for inclusion in the organizational development plan to be produced in Phase 2. Attention will be paid in this task to both workforce and succession planning and the relationship between these training and development requirements and the more specific requirements of asset management. 1E.5 Produce Technical Memorandum on Organizational Assessment A technical memorandum will be drafted, presented to the Steering Committee and finalized based on OWNER comments and requests. Task IF Business Case Financial benefits from the AM program are expected to accrue to OWNER in three forms: Agenda Item No. 16C6 April 24, 2007 Page 18 of 30 Cost Reductions — where the "input per unit of output" is reduced (doing the same task for less cost). An example: replacing inefficient motors with more efficient models such that the reduced operating costs pay back the capital investment for the new motors in a relatively short period of time. Cost Avoidance — where: • Unnecessary expenditures (investment) are eliminated. • Inappropriately scheduled investment is deferred until a more cost - effective point in time. • Investments are reduced in magnitude from what would otherwise have been approved. An example: a major capital replacement project is, upon closer analysis, converted to a less expensive refurbishment project combined with an enhanced maintenance program.) Cost Redirection — where investment is redirected from one management approach to a more cost effective approach. While the actual budget outlay is not reduced, these investments increase the life of an asset or raise the level of performance of an asset for the same level of investment prior to intervention (we spend the same for the task but get more from the work). An example: maintenance for a lift station is transitioned from unplanned reactive maintenance to condition -based predictive maintenance. During this task, the business case for implementing asset management will be developed by quantifying these anticipated benefits and comparing them to program costs in the form of return -on- investment. Other benefits — such as remaining in regulatory compliance or improving customer confidence — will be identified and considered qualitatively. The following subtasks are included 1F.1 Regulatory Requirements ENGINEER will evaluate the relevance of all current and pending regulations to determine their present or anticipated bearing on the program. 1F.2 Quantification of Program Benefits Anticipated financial benefits as discussed above will be estimated based on the efficiency and effectiveness programs and measures developed in Task 1 C. 1F.3 Program Cost and Risk Assessment Estimates of program cost will be made based on the information compiled during other Phase I tasks. 1FA Return -on- investment Analysis Return-on- investment (ROI) will be evaluated based on the cost, benefit and risk measures. It is anticipated that ROI will be presented as the estimated total change in future business costs as a ratio of the anticipated costs to implement and maintain the appropriate asset management system. Agenda Item No. 16C6 April 24, 2007 Page 19 of 30 1F.5 Conduct Business Case Workshop A workshop will be conducted to validate the ROI assumptions and review the recommendations upon which they are based. The recommendations are anticipated to relate to the following program elements: • Level of Service Standards • Asset Data Collection and Storage • Lifecycle Costing and Accounting • Capital Expenditure Validation and Prioritization • Business Risk Management • Asset Creation and Acquisition Standards • Asset Operations • Maintenance Practices Many of these elements will undergo detailed program design in Phase 2 of the project. Some of the elements will be tested during the proposed Team Challenge Task 1.6. 1F6 Prepare Technical Memorandum A technical memorandum will be prepared that summarizes the business case developed through this task. Task I Team Challenge The Phase 1 team challenge project is designed to realize four related but distinct outcomes. 1. Provide a practical solution to a real asset - related and techniques; 2. Provide hands -on experience with asset management techniques and a comfort and familiarity that "text book" learning cannot duplicate; 3. Test the assumptions contained in the ROI analysis; 4. Calibrate the effectiveness measures estimated in other tasks and the magnitude of effort that will be required to achieve the targeted "best appropriate practices" as identified in Task 1 C At this time, it is believed that an assessment of lift station renewal requirements offers a good opportunity to achieve the desired outcomes. The following subtasks are recommended: 1G.1 Perform Criticality Assessment Because the OWNER is embarking on an assessment of sewage lift stations, it is recommended that an assessment of criticality be made of the lift stations. Criticality is discussed in more detail in the Phase 2 scope of work later in this section. 1G.2 Select Critical Asset to Analyze Based on the criticality assessment, OWNER, will nominate specific lift stations to be analyzed. Maintenance history data for these assets will be provided to The ENGINEER, and site visits will be conducted to view them. Agenda Item No. 16C6 April 24, 2007 Page 20 of 30 1G.3 Select Team Challenge Team and Conduct Planning Workshop A working group of individuals knowledgeable about the lift stations and the data maintained about them will be convened. A planning workshop will be conducted in which the objectives of the Team Challenge project will be discussed. 1G.4 Collect Relevant Asset Data Lift station data related to initial capital cost, annual operating costs, maintenance history, condition, reliability and performance characteristics will be collected. 1G.5 Conduct Maintenance Strategy Workshops Two work sessions will be conducted to review alternative maintenance strategies for the lift stations being studied. The following strategies will be considered: • Managed run -to- failure • Preventive Maintenance • Reliability- centered Maintenance A preferred maintenance strategy will be selected for each lift station and /or components. 1G.6 Populate CAMPTool ENGINEER will provide OWNER a free software tool for use during the Team Challenge analyses. The tool is called the CAMPTool, which stands for Computerized Asset Management Program Tool. CAMPTool utilizes data to model the financial consequences of different maintenance strategies. 1G.8 Conduct Renewal Plan Development Workshop The maintenance strategy assumptions made for the chosen assets are modeled in the CAMPTool to produce estimates of financial requirements by year for asset renewal (repair, rehabilitate, replace) for a specified planning horizon. The results of this evaluation will be reviewed during the workshop, with adjustments made to assumptions as necessary to ensure that consensus is achieved on both the assumptions and the implications of the outcomes (long -term renewal liabilities). 1G.9 Produce Team Challenge Report Documentation of the Team Challenge project will be drafted, presented to the AMT and finalized based on OWNER comments and requests. Task 1H Phase 1 Project Report A comprehensive report on Phase 1 that sets forth the OWNER's recommended asset management program will be produced in this task. This task includes the following subtasks: 1H.1 Develop Phase 2 Recommendations Develop Program Recommendations Based on the outcomes of all Phase I tasks, ENGINEER will develop a recommended program to achieve the effectiveness and efficiency objectives of OWNER. In producing the recommendations ENGINEER will retain all relevant elements of Phase 2 and will build appropriate levels of detail into Phase 3. It is understood; however, that the outcomes of Phase 1 Agenda Item No. 16C6 April 24, 2007 Page 21 of 30 may result in a rearrangement of Phase 2 and 3 tasks and priorities. For example, the need to implement new WAMS software (see Phase 2) may need to be deferred/delayed in order to address the integration of existing software systems and processes. If this were to be the case, a considerable change to Phases 2 and 3 may be required. Revise Phase 2 Scope of Services Following OWNER approval of the recommended program, ENGINEER and OWNER will, if appropriate, negotiate changes to the Phase 2 scope of services of the project. 1H.3 Produce Phase 1 Report Develop Phase I Executive Summary ENGINEER will produce an executive summary of the Phase 1 effort and the recommended implementation program. The summary will be provided to the Steering Committee in written form and presented at a quarterly governance meeting. Finalize All Phase 1 Technical Memoranda ENGINEER will make revisions to all technical memoranda as necessary to present a coherent and complete record of Phase 1 activities. These memoranda will be incorporated by reference to the Phase 1 report. Produce Draft Phase I Report ENGINEER will produce a draft Phase 1 report with proper references to the technical memoranda, a full treatment of the business case and description of the recommended program. Produce Final Phase I Report A final Phase 1 report will be produced by ENGINEER in accordance with changes to the draft report recommended by OWNER. mr o Uor� N O O .iN Z_O E =CL a [0 C N m Q d L L d d A ti d R bA C. off o�rq °�° c c O a O c L ° ° aobo N� 3 QL1 .w�z� c O DODO- ONM V V r M .. N N bbt U CC aU+ C O U U U O U c O U o ; y 7D 00 O bA _ tt N y ❑ .OU. A w U U C . 0 C ,y U o. U•� U y � �� ¢ � 3 H C E" F V Q t1c 'r d Q Q _ �Cf' �� „v �v o �OQ¢9 >¢ a o > R U U V U U U. �� qr i y �0 tl 6 d CL M 3 ^^ s0.. �C ��0+ ��Nr CL CL O C1. C 4L y y y a p o a0i a°�i a0i p H Ca�1CaL �2AA A M T � o w y � X V G o cr • O O N .U+ 'in �• R O •� vi = �Oi. ,� d t�f 5 O p O .O >O n 0.1 � ~ � C. 0. O O., G. C1., U P. ✓ k' h y L1 .-• N M d' Vl 1p l� 00 U .• N xssy ¢ Q¢dd¢¢ WFnoa W UUUU Ll A W �@ >)) )< . QkazaQCq \4 R� §§ ); t � \ me ` \ \ § E\ « �\ }\} ( \[/ \�)j ff uu �zP. <�4 ( ƒf\ \/k ( � ƒ� a ) a �) \\ �\ ( ƒƒ93» 2= u \ 3 t 1=0 } , Cl �|. \;�; \ \ <± /i \ \\\\\\ \ ( Agenda Item No. 16C6 April 24, 2007 Page 24 of 30 Phase 2: Desizn The objective of Phase 2 is to design process changes, software tools and organizational development (OD) elements of OWNER's asset management program. The scope of work anticipated for Phase 2, is generally described below. The actual scope of work for Phase 2 will be negotiated at the conclusion of Phase 1. Task 2A Methods and Procedures Design During this task, ENGINEER will design process changes for seven key elements of the asset management program. Many, but not all of these elements will have been addressed during the Team Challenge in Task IF and the decision - making begun during that task will be carried over into the formal design work in Task 2A 2A.1 Asset Register The asset register is the central repository for infrastructure asset information. The register is comprised of database records for individual assets along with a data model that relates each asset to a parent or child asset. This relationship is referred to as the asset hierarchy. Because the OWNER manages a wide variety of street -side, plant, horizontal, vertical, distributed and stationary assets, uniformity in the data model design is the central challenge in this subtask. Anticipated activities in this subtask include: • Develop working structure for all assets - Develop overall asset hierarchy (structure and level of detail) for all assets. • Develop asset inventory and basic asset attribute requirements. • Test for appropriateness and manageability for sample of assets in each Department • Meet with work group and modify • Develop ongoing asset information collection and data entry program/staff responsibilities • Finalize • Refine implementation plan for execution during Phase 3. 2A.2 Services Levels The county and OWNER already has level of service standards (LOSS) built into the concurrency requirements. The service levels to be developed during this subtask are at a more detailed level. Whereas county LOSS is limited to the relationship between demand quantity and supply reliability, service levels in the context of asset management include elements of: • Customer expectations • Worker satisfaction • Environmental quality The activities to be conducted as part of this subtask are listed below: Agenda Item No. 16C6 April 24, 2007 Page 25 of 30 • Review general Phase 1 Service Levels ' Revise and develop specific service standards for critical assets /functions within each Department • Develop service metrics • Revise recommend measurement and tracking activities for implementation during Phase 3. 2A.3 Criticality Criticality is a metric that segregates an asset portfolio in accordance with the business risk the asset presents for the County. The OWNER manages an asset - centric business. In this subtask, a design will be proposed for segregating assets into criticality groupings that will help OWNER prioritize implementation activities, including the degree to which condition assessments are performed and the timing of the assessments. The activities to be conducted during this subtask are: • Develop working structure for all assets - Develop initial business risk evaluation methodology • Test for sample of assets in each Department — Perform initial business risk exposure (BRE) analysis for all core assets in each department • Convene a work group and modify — proposed BRE procedures. • Finalize • Recommend steps to institutionalize criticality measures and methods during Phase 3, 2A.4 Condition Assessment There are dozens of protocols for condition assessment, and very few industry standards. We believe the key element of this subtask is to develop rules for implementing appropriate levels -of -effort for condition assessment. For example, during the first 15 years of a pipeline lifecycle, it may be effective and responsible to base pipeline condition assumptions on statistical analyses of core samples in different soil types. Conversely, at 20 years, it may be more appropriate to conduct sonar signature analysis across certain pipe alignments or to conduct internal TV inspection in accordance with NASSCO standards for each pipe at least once every 3 years. Plant equipment, building facilities, solid waste processing and other assets each require different forms of condition assessment based on maintenance strategy and organizational risk tolerance. The activities anticipated for this subtask include., • Assess current county data and relevant procedures • Develop assessment protocols for major classes of assets working with County staff ' Test assessment protocols with county maintenance and operations staff ' Reconvene workgroup and evaluate results /modify as necessary Agenda Item No. 16C6 April 24, 2007 Page 26 of 30 Develop ongoing condition assessment strategy /program /staff responsibilities Recommend condition assessment priorities and implementation elements for Phase 3 execution. 2A.5 Valuation Valuation provides the financial basis for managing assets to achieve maximum service over their lifespan. The value of an asset portfolio should be based upon county accounting practices and industry standards, including GASB -34 and GFOA guidelines. The key aspect of this subtask is to ensure that the OWNER adopts an asset valuation method that either emulates other county methods or is consistent with those methods. Consistency elements of importance include: Depreciation Determination of Replacement Cost Relationship of Value to Condition and/or Level of Service The activities anticipated for this subtask include: • Assess current county data and relevant procedures • Develop protocols for major classes of assets working with County staff • Test protocols with county maintenance and operations staff • Reconvene workgroup and evaluate results /modify as necessary • Develop ongoing asset valuation program /staff responsibilities 2A.6 Maintenance Strategy There is not a single maintenance strategy applicable to all classes of OWNER's assets. Most strategies share a common framework referred to as optimal renewal decision - making (ORDM) which is a process used to determine when maintenance intervention is best undertaken and what that intervention should be. The selection of actual renewal strategy is highly asset- and organization- specific. Some common strategies include reliability- centered maintenance (RCM), Usage -based maintenance and predictive maintenance. The activities anticipated in this subtask include. • Initial workshop on maintenance purpose and objectives • Develop overall asset management plan and supporting maintenance organization structure /responsibilities from tasks above • Identify maintenance employee development needs • Identify individual maintenance plans /strategies business rules for various types of assets and classes of assets • Workgroup to formulate initial maintenances strategies for most critical assets • Develop ongoing documented maintenance strategy /program /staff responsibilities Agenda Item No. 16C6 April 24, 2007 Page 27 of 30 • Review with key managers ' Recommend implementation priorities for Phase 3. 1A.7 Capital Improvement Evaluation The capital project evaluation process is likely to be identified as a high priority element of the OWNER's asset management program. Concurrency — and the regulatory framework that supports it — is integrally related to asset management practice. The capital projects nomination, validation and prioritization process is where the relationship lies. Activities anticipated under this subtask include: • Assess current county data and relevant procedures • Assess County validation/prioritization processes • Develop alternative approaches based on the earlier work for asset mgmt ■ Reconvene workgroup and evaluate results /modify as necessary • Develop ongoing CIP evaluation program /staff responsibilities ' Finalize and write up Task 2B Software System Requirements and Selection Whereas OWNER utilizes a number of software products that are or can be used to support asset management, the purpose of this task is to determine the most cost - effective software solution to support the asset management methods and procedures designed in Task 2A. The ENGINEER will demonstrate representative software applications to give OWNER a general idea of the typical features of commercial software packages, or — as appropriate — to demonstrate how software presently owned by OWNER may be more effectively utilized for asset management purposes. The ENGINEER will organize the requirements into modules, or collections of functions. These modules will correspond to the methods and procedures designed in Task 2A. Each module will be described in the format shown below: Element Description Purpose What the module does. Process How the module would Model implement methods and procedures Functionality Specific functions supported by the module Data The data required for the Requirements module to deliver core capabilities (with reference to Task 1D Reporting One or more reports that Agenda Item No. 16C6 April 24, 2007 Page 28 of 30 Requirements support OWNER's selected KPIs System A description of the Interfaces automated interfaces to other modules that the module Based on the findings of the preceding task, the ENGINEER will recommend one of three strategies for acquiring necessary functionality. • Deploying functionality from an existing software application that has not yet been utilized; • Acquiring from a vendor either a stand -alone function, or, more likely, as part of a wider ranging application; or • Developing custom "plug -in" applications or middleware to integrate with existing systems. Where a vendor solution is reconnnended, the ENGINEER will identify vendors who have available relevant applications that the ENGINEER has identified as mature and robust enough for consideration. Where a custom application is recommended, the system specifications addressing required business - logic, sample screens, reporting and core architecture will be described. The current system description, the needs assessment, and the functionalities descriptions and rankings must converge into a strategic IT deployment plan. • Expanding the deployment of the SAP Enterprise Resource Planning (ERP) package, focusing on integrating best practice based AM business processes with existing or designed SAP functionalities; • Better integrating existing "siloed" applications to construct as much of the required functionalities as possible from existing applications; • Acquiring specialized AM package /applications for common OWNER -wide core functions such as risk- consequence analysis and optimal renewal decision - making where such functionality does not exist or is insufficient; or, • Combinations of the above. At this time, we assume that the deployment plan will consist of a 30% systems integration design and one or more RFPs for commercially- supplied software. If commercial software procurement turns out not to be the recommended path, the subtasks below will be revised. The subtasks envisioned for this work are as follows: 213.1 Procurement Procedural Requirements and Market Strategy 213.2 Integration Strategy and 30% Design 2B.3 Work and Asset Management (WAMS) Draft Functional Specifications 213.4 Vendor RFI 213.5 Vendor /product Short-list 2B.6 Product Reviews 213.7 Work and Asset Management (WAMS) Final Functional Specifications 213.8 RFP Development Agenda Item No. 16C6 April 24, 2007 Page 29 of 30 In is our understanding that assistance with vendor /product selection, if desired, would be contracted as a Phase 3 work assignment. Task 2C Organizational Development Plan Most of the organizational development planning we anticipate being required for the asset management program will take place during Phase 1. During Phase 2, we recommend that specific development priorities be specified in writing for use in implementing change during Phase 3. The subtasks anticipated as part of Task 3 are: 2C.1 Confirm vision, strategic goals and organization culture 2C.2 Define roles, responsibilities and organization structure 2C.3 Develop staffing and hiring plan 2C.4 Develop training and development plan 2C.5 Develop internal communications plan Phase 3: Implementation It is anticipated that the Asset Management Program will be phased over several fiscal years. It is the OWNER's intent to engage ENGINEER as needed during the program implementation. The scope of work anticipated for Phase 3, will be negotiated at the conclusion of Phase 2. Services may include the following: Process • Business Process Improvement: Services include activities to test and finalize revised business processes designed in Phase 2. Also included is the assistance with establishment of equipment hierarchies, criticality indices, maintenance practice modifications, implementation of revised maintenance procedures and revisions to equipment inventories. Development of Performance Measurement System: Include implementing a KPI (Key Performance Indicators) measurement system and assisting County staff with it use and techniques for management by KPIs. Equipment and Infrastructure Condition Data: This work includes a cost effective approach to collecting condition information for County assets starting with the critical assets. Technoloay • Technology Selection (if required): Includes assisting with the selection of technology systems specified in the previous phase. Technology Implementation Management: This may include software system implementation, contract management and system testing /acceptance for systems that may be necessary to meet the program goals. Agenda Item No. 16C6 April 24, 2007 Page 30 of 30 Technology Development: ENGINEER may be engaged to develop software applications within technologies currently in use or within newly procured systems. This may also include software interface development and testing as may have been defined in the previous phase. Organization • Change Management Services: This includes services to work with OWNER staff in an effort to address and mitigate the inevitable concerns that will arise due to change in work processes and requirements. Testing and Rollout: It is anticipated that the Implementation Plan will have defined several tests. The consultant shall assist with developing the testing program details, monitoring their effectiveness and rolling out the programs to the broader organization. Agenda Item No. 16C7 April 24, 2007 Page 1 of 3 EXECUTIVE SUMMARY Recommendation to utilize a short -term inter -fund loan from user fees as an interim funding source for the South County Regional Water Treatment Plant (SCRWTP) 12 MGD RO Expansion project 700971, and for the South County Regional Water Treatment Plant (SCRWTP) Well field Expansion - Easement project 708921, Water Impact Fee capital projects. OBJECTIVE: Recommendation that the Board of County Commissioners of Collier County, Florida, acting as the ex- officio governing Board of Collier County Water -Sewer District, approve the utilization of a short-term inter -fund loan from user fees as an interim funding source for the South County Regional Water Treatment Plant (SCRWTP) 12 MGD RO Expansion project 700971, and for the South County Regional Water Treatment Plant (SCRWTP) Well field Expansion- Easement project 708921, Water Impact Fee capital projects. CONSIDERATIONS: The SCRWTP project 700971 has a budget (net of grants) of $17,922,200.59 and SCRWTP project 708921 has a budget (net of grants) of $43,951,982.38 approved by the Board for FY 07. These projects were also included in the Water Master Plan approved by the Board on June 6, 2006, Item I OB. The projects were originally scheduled to be funded 100% by low interest State Revolving Fund (SRF) loans and were approved as such by the Board on March 13, 2007, item 10I and IOJ. Expenses paid for these projects are eligible for reimbursement by the Florida Department of Environmental Protection (FDEP). Recent developments at the federal congressional level have delayed the typical flow of funds to the state; therefore, uncertainty exists as to the amount and timing of funding for the projects. In addition, the cash position in the Water Impact Fee fund has diminished considerably due to the slow down in the building permit activities. The execution rate of the above listed projects exemplifies the desirable project outcomes and deliverables in terms of magnitude, timeliness, and quality. Furthermore, there is a likelihood of time lag between the disbursement of payments to vendors and reimbursement from the FDEP. The resulting expenditure rate still continues to be within budget; however, it has outpaced cash flow expectations and existing cash balances. Therefore, it is fiscally prudent to borrow user fees as an interim funding source to cash flow these two projects and pay back the user fee funds with the SRF loan proceeds. This will provide the County with the flexibility to execute the project without jeopardizing the cash availability and to pay invoices in a timely manner. Based on the conversation with the DEP officials and the consultants, staff believes that the uncertainty in timing and amount of funding will become clearer sometime in June or July of 2007. If this uncertainty continues at that time, staff will evaluate the need to modify the agreement with the DEP and transfer part of these projects to be funded from the proceeds of the 2006 Revenue Bond. Agenda Item No. 16C7 April 24, 2007 Page 2 of 3 Another alternative considered was to draw down on the commercial paper program which the Board has already authorized on May 22, 2002, Resolution # 2002 -256, item 10K, for $70,000,000, of which $32,000,000 is still available for funding projects. However, considering the interest cost of the external funding source, staff recommends not using a short term financing instrument like the commercial paper loan. This recommendation has been reviewed with the County Finance Committee FISCAL IMPACT: User fee funds will provide the needed cash when there is an inadequate cash position in the water impact fee fund to meet the payments to various vendors. This will be done on a "as needed" basis. Interest will be accrued on outstanding balances at the State Board of Administrator's monthly participant rate of return plus eleven (11) basis points to compensate the user fee fund, which approximates the rate currently earned by the user fund. The interfund loan amount will be capped at $9,000,000.00. Reimbursements received from the State Revolving Fund Loans for the projects will be used to repay the interfund loan, plus interest. GROWTH MANAGEMENT IMPACT: This action elicits no impact on Growth Management. RECOMMENDATION: Recommendation that the Board of County Commissioners of Collier County, Florida, acting as the ex- officio governing Board of Collier County Water -Sewer District, approve a short-term inter -fund loan from user fee as an interim funding source for South County Regional Water Treatment Plant (SCRWTP) 12 MGD RO Expansion project 700971, and for South County Regional Water Treatment Plant (SCRWTP) Well field Expansion - Easement project 708921, Water Impact Fee capital projects. PREPARED BY: Bala M. Sridhar, Senior Management & Budget Analyst, Public Utilities- Operations Agenda Item No, 1667 April 24, 2007 Page 3 of 3 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number. 15C7 Item Summary: Rewombendation to utilize spoil -tent, Inter -fund loan from user fees as an Interim funding source for the South County Regional Water Treatment Plant (SCRATP) 12 MG0 RD Expansion project 700971 and for the South County Regional Water Treatment Plant (SCRWTP) Well field Expansion Easement project 708921. Water Impact Fee capital projects Meeting Date: 4241200? 9:00'00 AM Prepared By Bala Sridhar Sevier ManegementlBULget Analyst Data Public Utilities Public Utilities Operations 4/9120078:13:22 AM Approved By Phil E. Granulites, P.E. Sr. P"i Manager Data Public Utilities Public Utilities Engineetlng 411012007 9:32 AM Approved By Thomas Wales Operations Director Data Public Utilities Public tfii0tlea Operations 411012007 10:16 AM Approved By James W. Delon, Public Utilities Administrator Data Public Utilities Public Utilibee Amormstrafion 411912007 10:29 AM Approved By OMB Ceordmn for Administrative Assistant Date County paradises OFne Office or Management & BUdee1 411012007 1:40 PM Approved By „_. SUSan dabs, Senior ManagamentlBudget Analyst Date County Managets Chin Office of Management 8 Budget 411712007 5:53 PM Approved By Michael Smykowski Management 8 Budget Director Date .. unty M.b."c a IXpce Office of Management 8 Budget 41181200712'. e5 PM Approved By James V. Mudd County Manager DMe Board of County Commissioners County Manages Office 411812D07I 38 PM Agenda Item No. 161D1 April 24, 2007 Page 1 of 21 EXECUTIVE SUMMARY Recommendation to affirm the approval of a United State Fish and Wildlife Cooperative Agreement 401816J091 for a Derelict Vessel Removal Grant and approve all necessary budget amendments to recognize and appropriate grant revenue in the amount of $30,000. OBJECTIVE: To assist the Ten Thousand Islands National Wildlife Refuge with the removal of derelict vessels. CONSIDERATIONS: Cooperative Agreement 401816J091 was approved by the Board of County Commissioners on October 10, 2006 to accept up to $250,000 from the United States Fish and Wildlife Service (USFWS) for purposes of carrying out derelict vessel removal on the Ten Thousand Islands NWR with primary benefits directed towards Federal trust resources. The USFWS obligation to provide funding for increments included in this agreement is contingent upon satisfactory performance and the availability of funds. The total agreement can not exceed $250,000 from July 1, 2006 through June 30, 2011. The USFWS pursuant to agreement 401816J091 has agreed to fund an additional $30,000. This brings the total value of grants received for Derelict Vessel removal to $61,000. The USFWS and Collier County have responsibilities and goals for conserving natural resources: a. The USFWS has primary responsibilities related to Federal trust species and their habitats, such as endangered and threatened species, migratory birds, anadromous fish, and wetlands. b. Collier County has had responsibility for removal of derelict vessels within the county since 1998 in order to preserve and enhance the waterways and estuaries within the County. Projects will be undertaken in cooperation between the Service and Collier County in the location, planned for removal. This agreement provides funding from the Service to Collier County for carrying out projects and activities as identified in the Scope of Work. No additional matching funds are required. FISCAL IMPACT: A budget amendment is required to recognize $30,000 in U.S. Fish and Wildlife Grant proceeds. This grant revenue will be recognized within Natural Resources Grant Fund (117). No additional matching funds are required. GROWTH MANAGEMENT IMPACT: The derelict vessel removal project supports Objective 6.6, 6.7 of the Conservation and Coastal Management Element of the County Growth Management Plan. RECOMMENDATION: To approve the necessary budget amendments for additional funding as part of Cooperative Agreement 401816J091 between the U.S Department of the Interior Fish and Wildlife Service and Collier County Government in the amount $30,000 for the removal of Derelict Vessels. PREPARED BY: Pamela Keyes, Environmental Specialist, Coastal Zone Management Department Agenda Item No, 16D1 April 24, 2007 Page 2 of 21 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS + Item Number: 16DI Item Summary: Recommendation to affirm the approval of A United State Fish and Wildlife Coopara0ve Agreement 401816JO91 for a Gerald Vessel Removal Grant antl approve all necessary budget amendments to recognize and appropriate grant revenue in the amount of $30 000. Meeting Date: 42412007 990.00 AM Approved By Gary McAlp10 Costal Project Manager Date Public Services Coaslel Zone Management 4/512007 3:56 PM Approved By Marlene J. Foots Grants Coordinator Date Administrative Services Administrative Services Admin, 415120074:38 PM Approved By Kathy Carpenter Executive Secretary Data Pubnc Services Public Si Adman. 416120079:17 AM Approved By Marla Ramsey Public Serocas AEministrator Data Piddle Services Public Services Adman, 4161200712:27 PM Approved By OMB Coordinator Administrative Assistant Date Connor Manage, a Office Office or Management 8 Budget 4111/2007 7 9 5 AM Approved By Mark lseckdt- Butlget Analyst Date County Mars,ar'a Office Office of Management & Budget 4116120074:42 PM ,-- Approved By Sherry Pryor Management& Budget Analyst Data Count, alanagre, Once Office of Management & Budget 4/1612007 4:45 PM Approved By James V. bond County Manager Date Board of County Commies'ronerc County Manager's Office 4116120075: 04 Per In Reply Refer To: F WS/R4BA/CGS Agenda Item No. 16D1 April 24, 2007 United States Department of the Interior RedtlI �o Mr. James Mudd County Manager Collier County Government 2800 North Horseshoe Drive Naples, Florida 34104 Dear Mr. Mudd: FISH AND WILDLIFE SERVICE 1875 Century Boulevard Atlanta, Georgia 30345 September 18, 2006 r SEP 2 2006 Enclosed for your files is an executed copy of Cooperative Agreement 401816J091. Also enclosed are Standard Forms 269 and 270 for your use under this agreement. A copy of the Project Officer delegation is also enclosed. If you have any questions concerning this agreement, please contact Vincent Chua, Contract Specialist, at the above address, Suite 310, or at telephone number (404)679 -4059. Enclosures Sincerely, on a er Chief, Contracting and General Services Division TAKE PRIDE `&M=1 INAMERICA =.�� Agenda Item No. 161D1 April 24, 2007 Page 4 of 21 AGREEMENT NO: 401816J091 CHARGE CODE 41545- 1262 -4600 W5 FY06 Amount $31,000.00 DUNS NO: 076997790 FAADS: 12- 47625- Naples- 021 - Collier- 33939 -14- 07/01/06- 06 /30 /11 -To to facilitate removal of derelict vessels on the Ten Thousand Islands National Wildlife Refuge to restore and improve Federal trust resources in estuaries -01 COOPERATIVE AGREEMENT Between U.S. DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE And COLLIER COUNTY GOVERNMENT I. COOPERATIVE AGREEMENT RECIPIENT: Collier County Government Collier County Environmental Services Department 2800 North Horseshoe Drive Naples, FL 34104 Recipient Class: County Government Catalog of Federal Domestic Assistance Number: 15.631 11. AUTHORITY: This agreement between the U.S. Department of the Interior, Fish and Wildlife Service (hereinafter referred to as the "Service ") and Collier County Board of County Commissioners (hereinafter referred to as "Collier County) is hereby entered into pursuant to the authority contained in Section 1 of the Fish and Wildlife Coordination Act (16 U.S.C. 661) and the Fish and Wildlife Act of 1956 (16 U.S.C. 742a -742j) and The Volunteer & Cooperative Partnership Enhancement Act of 1998. III. PURPOSE: This Cooperative Agreement is being implemented in order to facilitate removal of derelict vessels on the Ten Thousand Islands National Wildlife Refuge to restore and improve Federal trust resources in estuaries. Projects will be undertaken in cooperation between the Service and Collier County in the location, planning, and implementation of Agenda Item No. 161D1 April 24. 2007 Page 5 of 21 removal. This agreement provides funding from the Service to Collier County for carrying out projects and activities as identified in the Scope of Work (Article V). N. BACKGROUND: The Service and Collier County have responsibilities and goals for conserving natural resources: a) The Service has primary responsibilities related to Federal trust species and their habitats, such as endangered and threatened species, migratory birds, anadromous fish, and wetlands. b) Collier County has had responsibility for removal of derelict vessels within the county since 1998 in order to preserve and enhance the waterways and estuaries within the County. The County program supports Objective 6.6 and 6.7 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan. For this agreement, funding is subject to appropriation of project funds by Congress, and shall be for the purposes of carrying out derelict vessel removal on the Ten Thousand Islands NWR with primary benefits directed towards Federal trust resources. V. SCOPE OF EFFORT: For the period hereinafter set forth, Collier County and the Service will famish the necessary personnel, materials, services, and facilities needed to implement derelict vessel removal on the Ten Thousand Islands NWR as specified below. A. The Service and Collier County mutually agree: That each and every provision of this agreement is subject to the laws of the United States and the State of Florida. 2. To cooperate in providing recognition for each party of this agreement. Such recognition may include the display or mention of the names and logos of each agency in publicity of cooperative projects, publications, project documents, and any signs placed on project sites. 3. That each party will assign an official representative to coordinate and carry out the provision of this agreement. 4. That activities covered within this agreement shall not be construed as obligating the Service or Collier County to expend, or as involving the United States or Collier County in any contract or other obligation for future payment of money, other than as specifically stated in Article VII of this agreement; or in excess of appropriations authorized by law and administratively allocated for this agreement. 2 Agenda Item No. 16D1 April 24, 2007 Page 6 of 21 VI. PERIOD OF PERFORMANCE: The period of performance of this agreement is from July 1, 2006 through June 30, 2011. The initial award of $31,000.00 should be completed by April 2007. VII. AWARD AMOUNT: A. TOTAL (NOT -TO- EXCEED) AWARD AMOUNT: $250,000.00 B. TOTAL AMOUNT FUNDED TO DATE: $31,000.00 C. FUNDING INCREMENTS: The Recipient is advised that the Services' obligation to provide funding for funding increments included in this agreement is contingent upon (i) satisfactory performance and (ii) the availability of funds. Accordingly, no legal liability on the part of the Service exists unless or until funds are made available to the Recipient and notice of such availability is confirmed in writing to the Recipient. VIII. APPROPRIATION DATA: APPROPRIATION: 41545- 1262 -4600 W5 $31,000.00 FY06 IX. PAYMENT PROVISIONS: A. Upon acceptance of the terms and conditions of this agreement, the Recipient may submit requests for payment using Standard Form 270, Request for Advance or Reimbursement, no more frequently than monthly. (Standard Form 271 must be used if agreement is for construction.) The Debt Collection Improvement Act of 1996 (P.L. 104 -134) requires that all federal payments made by an agency after July 26, 1996, must be made by electronic funds transfer unless the recipient certifies that they do not have an account at a financial institution or authorized payment agent. B. The original and one copy of each payment request (SF 270) shall be submitted to the Service Project Officer identified in Article XI.A of this agreement. Upon approval, the Service Project Officer shall forward the payment request and one copy to the Budget and Finance Office for processing. C. Should the Recipient be unable to complete the provisions of this agreement, all monies provided by the Service which prove to be cancelable obligations or unallowable costs in accordance with OMB Circular A -87 ( "Cost Principles for State and Local Governments ") or the approved budget, shall be refunded to the Service. D. This agreement is intended to support a particular project for a specific period of 4 Agenda Item No_ 16D1 April 24, 2007 Page 7 of 21 time. Any portion of funds advanced to the Recipient that are not expended at the completion of the period of performance of this agreement shall be returned to the Service, along with any interest earned on that amount. E. All work that is contracted out by Collier County shall be paid by Collier County, according to their contracting procedures. X. ADMINISTRATIVE OFFICER: The Administrative Officer for this agreement is: Vincent Chua U.S. Fish and Wildlife Service 1875 Century Boulevard, Room 310 Atlanta, GA 30345 Phone: 404 - 679 -4059 Fax: 404-679-4057 E -mail: vincent_chua @fws.gov XI. PROJECT OFFICERS: A. U.S. Fish and Wildlife Service Terry J. Doyle Wildlife Biologist Ten Thousand Islands National Wildlife Refuge 3860 Tollgate Blvd, Suite 300 Naples, FL 34114 (239)353 -8442 ext228 (239)353 -8640 (fax) E -mail: Terry_Doyle @fws.gov B. Collier County Environmental Services Department Doug Suitor, Senior Environmental Specialist Collier County Environmental Services Department 2800 North Horseshoe Drive Naples, FL 34104 (239) 213 -2953 (239)213 -2960 (fax) E -mail: Doug Suitor @colliergov.net XII. REPORTING/DELIVERY REQUIREMENTS: A. Within 30 days following the completion of a derelict vessel removal project Agenda Item No. 16D1 April 24: 2007 Page 8 of 21 under this agreement, Collier County's Project Officer will provide the Service Project Officer with an overview summary report, including any recommendations for additional studies or information needed to further support improvement associated with the subject project. Also, Collier County shall document the before and after project conditions by taking print or digital photographs necessary to adequately depict site conditions. A copy of such photographic materials shall be provided to the Service Project Officer. B. Final Financial Status Report: Within 90 days after completion of this award, the Recipient shall submit to the Service Administrative Officer a final Financial Status Report (Standard Form 269). XHL TERMS AND CONDITIONS: The Department of the Interior regulations governing assistance agreements with state, local, or Indian tribe governments at subparts A -E of 43 CFR Part 12, Administrative and Audit Requirements and Cost Principles for Assistance Programs, (plus relevant circulars of the Office of Management and Budget as referenced in these regulations), are applicable to this agreement and are incorporated by reference with the same force and effect as if they were given in full text. Upon request, the Service's Division of Contracting and General Services will make the full text of these regulations available. XIV. MODIFICATIONS: Modifications or renewals may be proposed at any time during the period of performance by either party and shall become effective upon approval of both parties. XV SPECIAL PROVISIONS: A. The liability of the Service will be governed by the Federal Tort Claims Act (28 U.S.C. 2671 et seg. . The extent of the recipient's liability shall governed by the laws of the state of Florida B. This agreement may be terminated upon 30 days notification by either party and by mutual consent of both parties. C. Recipient will comply with sections 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a -10c, popularly known as `Buy American Act"). D. Recipients of grants /cooperative agreements and/or sub - awards are encouraged to adopt and enforce on-the-job seat belt use and policies and programs for their employees when operating company - owned, rented, or personally -owned vehicles. These measures include, but are not limited to, conducting education, awareness, and other appropriate programs for their employees about the importance of wearing seat belts and the consequences of not wearing them. v Agenda Item No. 16D1 April 24, 2007 Page 9 of 21 to adopt and enforce on-the-job seat belt use and policies and programs for their employees when operating company- owned, rented, or personally -owned vehicles. These measures include, but are not limited to, conducting education, awareness, and other appropriate programs for their employees about the importance of wearing seat belts and the consequences of not wearing them. IN WITNESS WHEREOF, the parties hereto have caused this Grant Cooperative Agreement to be executed as of the date therein written. U.S. DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE BY: Z�01 TITLE �' so GK" WO M DATE: S E P 1 8 2006 TTEST: E. BROC) �r BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: B Depu Cle fF James V. Mudd, County Manager -owed at to form legal sufficiency: �s�� CountyAttomey Agenda Item No. 16D1 April 24, 2007 Page 10 of 21 Attachment A - Project Description Station or Ecosystem Submitting Proposal: Ten Thousand Islands NWR South Florida Ecosystem (1) Project Title: Removing Derelict Vessels from the Ten Thousand Islands, Florida (2) Region: 4 (3) State: FL (4) Ecoteam Rank: (5) Overall Team Rank (Optional): (6) Primary Fund Source: ON (7) Alternate Fund Source: OFF (8) Cross -Team Project: No (9) Cross Regional Project: No (10) Dollar Amount Being Requested: Region 4 Amount Requested from this Region $31,000 Region Amount Requested from this Region Region Amount Requested from this Region (11) Organizational Code: 41555 (12) Station Name: Ten Thousand Islands NWR (13) Location: Ten Thousand Islands. Florida (14) Fiscal Year Funded: 2006 (15) Date Accomplished: September 30, 2007 (16) Project Type: H (17) Duration: i year (18) Station/Stations Receiving Funds: Ten Thousand Islands NWR (19) Description: Derelict vessels (abandoned and dumped boats with no traceable owner) that occur in the Ten Thousand Islands are potential navigation hazards and sources of contamination. These vessels are scattered throughout the area, with an especially high concentration within the Ten Thousand Islands National Wildlife Refuge ( TTINWR). This project has been identified in the TTINWR Comprehensive Conservation Plan (Task 1.3.8). Collier County has removed derelict vessels within the County since 1998 in order to preserve and enhance the waterways and estuaries within the County. The County program supports Objective 6.6 and 6.7 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan. Vessels that have been issued a Florida Fish and Wildlife Conservation Commission Derelict Vessel Report (FWCC DV Report) are eligible for removal under the County program, which then seeks funding for removal. Limited funding is available through the Florida Fish and Wildlife Conservation Commission Derelict Vessel Grant Program (however, this program has not been funded for the last 2 years) and the County's reimbursed Boating Registration Fees. The typical cost for a removal of a derelict vessel is about $2000 for a class A vessel (15- 20'), $2500 for a class 1 vessel (21 -251), $4000 for a class 2 vessel (26 -301), and greater than $6000 for class 3 vessels (35' +) and houseboats. The County will continue to remove derelict vessels from the Ten Thousand Islands NWR as long as there is money to do so, but additional funding is needed. To date, 34 derelict vessels have been removed County-wide at a cost of $56,850. Of these, 14 have been Agenda Item No. 1601 April 24, 2007 Page 11 of 21 removed from the TTINWR at a removal cost of $33,250. There are an additional 30 vessels that need to be removed County-wide. Of these, 17 occur in the Ten Thousand Islands at an estimated removal cost of $37,171 and 13 of those occur on the TTINWR at an estimated removal cost of $30,875. (20) Total Project Cost: 17$ 1,655 (21) Flex Fund Cost On- Service Lands: $30.875 (22) Flex Fund Share Off - Service Lands: Habitat $6,296 Administration $ (23)Total Cooperator Contributions: $140,780 (9d\ rn. rnfnr Ta}ite- Cooperator Labor Equipment Materials Funds In -Kind Total Collier County $56,850 $58,130 $144,980 FWCC $25,800 $25,800 Total $56,850 $83,930 $140,780 (25) Land Classification: S. O (State) (26) Project Action: Restoration (27) Acres Restored: Wetland-100 000 (28) Upland (29) Riparian: Miles Acres (30) Instream: Miles 5 Acres 60 (31) Listed Species: Smalltooth Sawfish, Manatees, and sea turtles (32) Coordination with Recovery Lead Field Office: (33) Recovery Priority: (34) Recovery Plan Task and Priority: (35) Key Contacts: Terry J. Doyle, 239 - 353 -8442, ext. 228 Note: If needed, and especially for Research and Recovery Grant Proposals, the Description of the Project may be continued on this page. FINANCIAL STATUS REPORT (Lap FOYfn) (Follow ndnwdons on the beck) Agenda Item No. 16D1 April 24, 2007 Paqe 12 of 21 L FaderalApen�Y antl OrYtniubW EemeM ZFabnl GraMaOtarleenttyilp NumbrAUigratl dAB 1ppaY PpsoF- tN RePo!y k Suhnebd ByfebewApray N0. 0 3484031 A gr�ieM prpaniTafan lfterre ate eerrpde edema, hdudnp ZlP Oedy _ 4. Ennoop, identifc "I`Nurbr 5. RedpNMM.mixVIY 0, ldenaytp Numb. Q F" Report 7. Bate p Yet C Me O Ctah 13 Acc ! -Fudeg,Grant Period (See hrew.Ybna) P. Period Covered by ft Repart Fee (MarBS DIY' Yesfl To IMOntr, Dry, Yta) Fern (Mret DIY. Yak Ta (Matte, Dy, Yeeh 10. Tran••dions= - I I A ROD~ Th4 P•rled Cuaipw e Tow "'al" e Rekrrda, reab•,Ind n PraPrern Income wed h eomrbnw e11h er deduction eMtmelM Q N.tow.r•(r�11.1•E, de wmdiase dare RtclpieM'e share of net oWa", eoak tkq of: •. Thtrd P�My (ir+kl.tf)milrDimrs L Oder Federal awem aultab d e be Lad a mlmh the ewaM 0. weed irlcorne weed in eowMenoee wn me melding or cote shed aeenad`a R Ap dher rsuP4M atery•Mtliven on 4lee e,lag L Talal reciGl°nt ebredM ouMYS (Sum dines •. L g andM ) FetWal share dnstaudeye pyre Olas eaB I Tald unliquidaad obllpdba L 'am. she• d unequiMbd adipetora m. fetleral ear° d uNiquhwtl oldpMbu ay. •'j w n 7da1 Federal shM (sum d%aa1 and M - o. Tatel Federal fence sudmiad for this ending period p, Unpb19•ted Iaence d Fetlew irritle (LMie o inhere line M Program Income, coabtln 2 d: q. Oiebused Proaen hmne them on Ira c aMbr 0 M1ow ry. r. D4bureed prodrsm One" wing he sdtltion N4mwe e. ILdiWUrsed PM —Minna r L Tool rem tra.rr reeaetl (Sum Biwa q. reM s)` I: N En 1 t Typ dRW (Plow n eppmpdaw boy 1t htlyed D Provisl blonsl Q R•d•termlrrW D Final D Fixed Eepave b. Rote c. Bea d. TdelMOUM s. Fed"Ble• 12 Remarks: APece eny axpsneedna drom•0 receaury or/nAmMlbnrpdred by Federal sponaorinp egsneyh rompf(srge wdb V.Mk g wiswrxat 13. Canifr•dcru I whey M too bat d my knowledge Intl belief tbt M4 sport M Wmct eM compete eM Dal ell o Ways and unl u1NIed oblig.ficnns art for the pu sev ed forte In the neerd Oocunente. Typed or Pritad Nana and Tile Tebphore (Ara code, numb. ek •emsbn) Sgaha d Adtodad CeMying drxdM Deis Repod Sutenit[ed —.. c� Liebe 180.104 sward farm 2d9 Rtee. 7-97) NSN 7U"1-01247dd PreeaOed lay Once c•cmm hIw and A 1 lu ]Wide P.O. t39 (FwI FINANCIAL STATUS REPORT 1140. Rafe roaring buraenbrtMe coNCpmdkbrtepenb apimasdbsveaget D minuM per napoma, Indutlinp iH%brn,viewrinp irrtnclkre, pn��,'N,,,i,,„ < esarthvg existing dab wurcea, pHhennp end maiMeid,p tlra tlW iaetled, and eompkd,g end rev+et"k7 ire mbdbn dkbmtatbn Bard axaaweye 1 ,epenlig Me bu rden caste ovary other caged d it's mlbdion dMomalbn, krrArdinp euppesdone for rsudnp tiva lxMan, to are 011wd pansperned and Budget paPaaart Re,iuerbn paps f WI6.00Jt} MbeAYpbr� DC 80.103 PLEASE p0 NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. plwae type or print legibly. The following general instruction explain how to use the form Itself. You may need addldoryd information to complete certain items correctly, or to decide whether a specific Rem is applicable to this award. Usually such information will be found it the Federal egenWs grant regulations or in the tame and ponGlorss of the award (e,G• how to calcuiste the Federal sham, the permissible uses of program income, the wWe of h-WW contributions, etd.Z Ypg may ww contact the Federal agency directly. 1, 2 and 3. Sel explanatory. 10b. Enter any remlpts mated to outlays reported on 4h Ion that am being treated as a reduction of epenmbir% 4. Enter the Employer Identification Number (EIN) rather Non Income, and was not alnady naiad put of assigned by the U.S. Internal Revenue Service. the amount Sham as outlays on line 1100. 5. Space reserved for an amount num er or other too. Enter the amount or program Income that was wad 1, identifying number assigned by the redolent. accordance with the deduction slterrWiti e. Check yea only 0 Ma is to last report for the Note: Program Income used in s000rdarra with other period shown In Item S. shemaing is entered on Wit q. r. and s. Redpapp reporting on a cash basis should enter the amoaa of 7. Selhaxpansary. cash hcan% received; e an accrual boat, ant this program Income earned. f ropnrn Income may of rob 8. Unless you haw received other insinidomal Iran net hen been Included in as application bud list armor the awarding agency, enter the beginning and a budget on the award document. If edup Mat% to ending data of the current funding period. 0 this is hoer a different source Of is significantly ffmwd In a mu1N - year program, the Federal agency might amourd, stitch an explanation or us to remaip require cumulative reporting through wnsecWVe seers. funding period&. In that case, enter the beginning and ending fetes of the grant period, and In the rep 10d, e, I, 9, h, I ss j. SeaerpW ry. of these Inshuttlas, substute the hofft 'grant R 10k Enter the total amcuni d unlicluklatad obligobligations, la. period" for unding perloV including unfipuaatad obligations to subpraMea and B. Ser"xpanatory. contractors. 10. The purpose of colurms. I, 1, and a Is to shoe I1* Unliquidated obligations on a cosh basis we obligations effect of this reporting periods transaction on incurred, but not yet paid. On an searusl baW, they tee cumulative financial sates. The amounts emend In obligations Incurred, but for which en outlay has not ye( column I well normally be the same as thos In been retarded. cdumn ■ of ea previous report In the sas funding period. lf tNe is the first as only repot of Do not include any emaunte on line tOk that have beep this funding period, ban adumn I and 1 blank. 9 included on IIne fps and 14 you need to adjust amounts entered on previous camn reports, footnote the kr I entry on this report On the Imp moor, Is tOk must be uro. and attach an explanation. tOL SeB +xpanabry. too. Enter tote octal program outlays. Imduds disbursements of cash regired as program Intone 10m. On th final report line 10m must also be rare. M that income will else be shown on keg 10c or tog_ Do not include program income Mat will be 1 On, o, p, q, r, s and I. Self<xpIwtory. shown on line for or Va. 11a. Sedexpanalory. For reports prepared on a cash bask, outlays sin 11b. Enter the Indirect cost ripe In effect during the mostip the son of actual cash disbursements for direct costs for goods and services, the smouni of Indeed pew• expense charged. the value of In -kind mmilbuda% applied, and the amount or cash advances and 11c. Enter the amount of the Mae against which the pis payments made to subreclplenis. For repay was applied. prepared on an so ual Minis, outlays am the sum 11tl. Enter the amount d Minot eosin chaps es'rg of dust cash disbursements for direct Marge for pert the report period. goods and services, Me amount of Wind expense incurred, the value of •n -kind contributions applied, 11e. Enter the Federal sham of Me amount In 11d and the net increase or domestic in the amount owed by the recipient for goods and other property Nob: d more than one rate sus m lifted dung 0r cup received, for services performed by employees, shown In tam 8, attach • schedule showing the amp contractom, subgrantees and other payeea, and other amounts becoming owed under programs for realest which the dlfamM rates wen appall is r which no current services or peamances am respective rote, the Wedar periods they we h effect, amount of Indirect expanse chards Mf required, such u annuities, Insurance calms, and l project, and the Federal share d Intlirect vase far benent payments. changed to the project to dpa. SF -289 Bad Po.7•a7~) 16D1 2007 of 21 Agenda Item No. 16D1 April 24, 2007 Page 14 of 21 PROGRAMS/FUNCTIONS/ACTIVITES $eo OMB APPROVAL NO PADS OF REQUEST FOR ADVANCE 0348 -0004 1 PAM $ AxneeDOMI i SAM OFREOIIEff ORREIMBURSEMENT 1. ❑ADVANCE ❑ REIMBURSE. TYPE OF MENT [3 CASH b. 9P'TaapAeaW9ba PAYAENr d. Estimated net cash outlays for advaca period (See AiashuodbnS On bWV RWUENED ❑ FINAL ❑ PARTIAL ❑ ACCRUAL a. FEDERALSPONaORerGAGOZr ANDORGNIQATKNALELEWNTTO 4. FEDERAL ORANr OR OTHER a PARML PAYMENT REOUBHr W,WH THIS REPORT 66LBMrTTm CEHRFYNO NUMBER ASSONED NUMBER FOR T IS REWW BY FEDERAL AGOI C a. EMlxorim CEMFCATCN T. RECF*NrS ACCoum NUMBER B. PERIOD COVERED BY THIS REQUEST tAaABa OR CENtFYNG NUMBER FROM P-Ma, dW. ya d TC tam dry, yw) s. PtEmP ENT ORGANOATCN 10. PAYEE (YYltrm chook to b M aadarearent Man Sam % Nana:. Nrm: Number Number &W Sbaat and Sir"t CRY. SAata and LP Cold: W Shb and ZIP Code: „ COMPUTATION OF AMOUNT OF REIMBURSEMENTSIADVANCES REQUESTED PROGRAMS/FUNCTIONS/ACTIVITES $eo w (b) (C) TOTAL a. Total propran d1i dd-W outlays to deta $ $ $ S b. Lass: Cumulative program income c. Net praprem Wwye (Lkra a minus A"b d. Estimated net cash outlays for advaca period a. Total Sum ofBtas c d CO IF. Non - Federal sham of amount w Ins a . Federal share of amount trn ling a jmeents LwsW h. Federal py i. Federal share now requested (LAns g nnus tee S �. Advances ra A*W by monri, when mgjo$ tl M Few grantor for use In makklg l st mollBt 2nd rtloHth agency pradwitilad Wonoes 3W month Prescribed by OMB Circulars A -102 and A -110 I certify Out to the beat of my knawiadge and belief the data on the reverse am cared and that all outlays were rrnede In accordance with the grant conditions or other agreement and Me PaYereas is due and has not been pravlooely nelusted- epawy use Public relmfing burden for this collection or Information a estlnatad to average W mirxRee per response, IncW"np rime for reWrAW ineaacWns, searching adolkV data Bann, gathering and maintaining tin data needed, and compWV and mrivwIM the collection of IMamheton. Send comments regerdng the burden esf4nab or any char sped of ads collection of inform tion, Including augpsWN for reducing this burden, to the office of Merrpertrnt and Budget, Paperwork Reduction Project (03480004), Wahlnpm, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND R TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. INSTRUCTIONS please type or print legibly. hems 1, 3, 5, g, 10, 11 e, 11 f, 11 g, 111, 12 and 13 are self - explanatory, spsrdflc instructions for other items are as follows: Item Entry 2 Indicate whether request is prepared on cash or accrued expenditure basis. All requests for advances shall be prepared on a cash basis- 4 Enter the Federal grant number, or other identifying number assigned by the Federal sponsoring agency. if the advance or reimbursement Is for more than one grent or other agreement, insert WA; then, show the aggregate amounts. On a separate sheet, list each grant or agreement number and the Federal share of outlays made against the grant or agreement a Enter the employer identification number assigned by the U.S. Internal Revenue Service, or the FICE (institution) code If requested by the Federal agency. 7 This space is reserved for an account number or other identifying number that may be assigned by the recipient Nom Entry 118 8 Enter the month, day, and year for the beginning and ending of the period covered in this request. If the request is for an advance or for both an advance and reimbursement, show the period that the advance will cover. If the request Is for reimbursement, show the 11b period for which the reimbursement is requested. Note: The Federal sponsoring agencies have the option of requiring recipients to complete Gems 11 or 12, but not both. item 12 should be used when only a minimum amount of information is needed to make anadvence and outlay Information contained In item 11 can be obtained In a timely manner from other reports. 11 The purpose of the vertical columns (a), (b), and (c) is to provide space for separate cost breakdowns when a project has been planned and budgeted by program, function, or activity. If additional columns are needed, use as many additional forms as needed and indicate page number in space provided In upper right; however, the summary totals of all programs, functions, or adivitles should be shown in the "toter' column on the first page. Enter in "as of date,' the month, day, and year of th ending of the accounting period to which this amount applies. Enter program outlays to data (not of rotunda, rebates, and discounts), In the appropriate columns. For requests prepared on a cash basis, outlays are the sum of actual rash disbursements for goods and services, the amount of indirect expenses charged, the value of in- kind contributions applied, and the amount of cash advances and payments made to sutwontractors and subredpients. For requests prepared on an accrued expenditure basis, outlays are the sum of the actual cash disbursements, the amount of Indirect expenses incurred, and the net increase (or decrease) in the amounts owed by the recipient for goods and other property received and for services performed by employees, contracts, subgrantses and other payees. Enter the cumulative cash Income received to date, a requests are prepared on a cash basis. For requests prepared on an accrued expeciture basis, enter the cumulative Income earned to date. Under ether basis, enter only the amount applicable to program Income that was required to be used for the project or program by the terms of the grant or other agreement lid Only when making requests for advance payments, enter the total estimated amount of cash outlays that will be made during the period covered by the advance. 13 Complete the certification before Submitting this requeh sanokno Pone 270 6d•• 74M Beek 03% United States Department of the Interior FISH AND WILDLIFE SERVICE 1875 Century Boulevard Atlanta. Georgia 30345 September 18, 2006 In Reply Refer To: FWS/R4BA/CGS Memorandum To: Terry J. Doyle, U.S. Fish and Wildlife, Florida Panther NWR, Florida From: Contracting Officer, Division of Contracting and General Services Subject: Designation as Project Officer for Grant Agreement Number 401816J091 Agenda Item No. 16D1 April 24, 2007 Page 16 of 21 You have been designated as the Project Officer for the above referenced agreement. This guidance is provided to assist you in clarifying your Service responsibilities as a Project Officer. FUNCTIONS AND DUTIES You are authorized by this designation to take any or all actions with respect to the following which could lawfully be taken by me as Contracting Officer /Grants Officer except any action specifically prohibited by the terms of the agreement or by the referenced documents cited therein. Note that references to "recipient" below refer to the grantee /cooperator. These duties and authorities are not redelegable to any other individual, unless the agreement is modified to reflect the designation of a new Project Officer. a. Ensure that the recipient performs the technical requirements of the agreement in accordance with its terms, conditions, and specifications. Answer technical questions, address issues, and ensure compliance with all technical aspects of the assigned agreement. In. Ensure that work is not performed outside the scope or funding in the agreement. c. Review all proposed requests for modifications and provide comments and/or approval to the Administrative or Contracting Officer. d. Ensure that all reporting requirements are met as specified in the agreement. Review reports for adequacy, accuracy, and timeliness. Notify the Contracting Officer if reports are not submitted in a timely manner or do not provide proper information. e. Coordinate and communicate as needed with the Service Contracting Officer and with the recipient's agreement coordinator. Work with the recipient's agreement coordinator to set up and conduct meetings as needed. f Review and approve Requests for Advance or Reimbursement (SF 270) submitted to the Service by the recipient or return rejected requests to the recipient with an explanation. Forward approved SF 270 to CGS for payment. Your approval of these requests constitutes your acknowledgment the recipient's performance and reporting has been satisfactory. g. Ensure that advance payments are not authorized unless they (1) have been authorized in the agreement and (2) include a justification of expenditures to your satisfaction. h. Track the status /usage of any government -owned equipment and review the final SF 270, the final SF 269, relative to the status of any government -owned equipment in possession of the recipient prior to agreement closeout. i. Monitor expiration dates, determine if extensions are needed, and contact CGS 60 days in advance of expiration to request extensions. TAKE PRIDE `AM=2 IN AMERICA Agenda Item No. 16D1 April 24, 2007 Page 17 of 21 LIMITATIONS Under this appointment, except as noted herein, you are not authorized under any circumstances to perform any of the following tasks. If uncertain, contact the Service Contracting Officer for a case -by- case review and decision. a. Take any action that may change the funding, scope, reporting requirements, or other essential terms and conditions of the agreement unless such changes are specifically stated in a written agreement modification signed by the Contracting Officer. b. Make commitments on behalf of the recipient. This means making commitments with vendors, subgrantees, or private landowners. Only an authorized official of the recipient organization may make those commitments. c. Direct recipient personnel. When lines of authority and responsibility blur, the recipient may be viewed as an agent of the federal government acting at its direction, thereby exposing the federal government to lawsuits for injury or wrongful action actually conducted by the recipient. Remember that under agreements, the lines of responsibility must remain clear at all times. d. Serve in the capacity of an official of the recipient organization. Sometimes, however, Service personnel are requested to serve in an advisory capacity on boards of nonprofit organizations or planning committees. In such cases, the Service official must request a review by the Service's Division of Human Resources to ensure there are not restrictions or conflicts of interest unless written approval has been obtained per 212 FW 4 and provided to the Contracting Officer. Exceptions to Limitations b and c Under a cooperative agreement (including the Wildlife Cooperative Exte