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Agenda 06/12/2007 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS COMMUNITY REDEVELOPMENT AGENCY BOARD (CRAB) AGENDA June 12, 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. 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. May 8, 2007 - BCCIRegular Meeting C. May 15, 2007 - BCCICharter Government Workshop with Productivity Committee D. May 22, 2007 - BCC/Post-Legislative Workshop 3. SERVICE AWARDS: (EMPLOYEE AND ADVISORY BOARD MEMBERS) A. 10 Year Recipient: John Agnelli, Industrial Development Authority B. 5 Year Recipients: Frank Donohue, Parks and Recreation Advisory Board Virginia Donovan, Forest Lakes Roadway & Drainage Advisory Committee Charles Gunther, BayshorelGateway Triangle Local Redevelopment Advisory Board Gerald Lefebvre, Collier County Code Enforcement Board William Mears, BayshorelGateway Triangle Local Redevelopment Advisory Board Michael Sorrell, Environmental Advisory Council 4. PROCLAMATIONS A. Proclamation designating May 21, 2007 to May 25, 2007 as Immokalee Foundation Week. To be read and accepted by Mr. Ed Laudise, Executive Director, the Immokalee Foundation. This item was already voted on at the May 22, 2007 BCC meeting. B. Proclamation designating the month of June as Home Ownership Month. To be accepted by Ms. Marcy Krumbine, Director of Housing and Human Services, Collier County. 5. PRESENTATIONS A. Introduction of Congressman Mario Diaz-Balart's new aide. B. Recommendation to recognize County staff members, Bert Miller, Jamie French, Jay Kim, Richard Zyvoloski, Lindsey Dagnall, and Kenneth Kovensky for being recognized by the Public Technology Institute and awarded a first place technology solutions award for the use of innovative Geographical Information Systems Technology in the Countys Hurricane Impact Assessment Mobile Application. C. Contractor Presentation for South County Regional Water Treatment Plant 20-mgd Wellfield Expansion. 6. PUBLIC PETITIONS A. Public petition request by Tim Nance to discuss walkway connecting Palm Crest Villas and Willoughby Park. 2 of 11 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. This item will be heard at 1 :00 p.m. Recommendation that the Board of County Commissioners reviews, accepts and authorizes the Chairman to sign a resolution declaring the attached inventory list of County owned real property as surplus land in accordance with Florida Statutes 125.379 to be sold and the proceeds used to develop affordable housing. B. This item to be heard at 10:00 a.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2006-AR-10698: A. Grover Matheney, Trustee, represented by R. Bruce Anderson esquire, of Roetzel & Andress, LPA and Margaret Perry, AICP, of WilsonMiller, Inc., is requesting a rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) for a project to be known as the Gaspar Station PUD. The subject property, consisting of 17.7 acres, is located on the south side of Immokalee Road (CR 846), approximately one quarter mile west of the 1- 75/1mmokalee Road, interchange, in Section 30, Township 48 South, Range 26 East, Collier County, Florida. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Affordable Housing Commission. B. Recommendation to declare a vacancy on the Parks and Recreation Advisory Board. C. Appointment of members to the Parks and Recreation Advisory Board. D. Appointment of member to the Environmental Advisory Council. E. Discussion and possible direction from Board of County Commissioners regarding amending Advisory Board Ordinance 2001-55, as amended. (Commissioner Fred Coyle) F. Appointment of Commissioners to serve on the Value Adjustment Board and set the date for the organizational meeting. G. This item to be heard at 11 :45 a.m. Resolution supporting the efforts of the Judicial System to eliminate Identity Theft. (Commissioner Donna Fiala) H. Request for reconsideration of Item 16B8 from the May 22, 2007 BCC Meeting which read: Recommendation for the Board of County Commissioners to direct the Road and Bridge Department of the Transportation Division to spray herbicide on vegetation in the bottom of a swale/canallditch that drains approximately 1000 acre basin that includes The Boyne South PUD, a portion of US 41, and some agricultural property north and south of US 41. ($2,500) (Commissioner Henning) I. Appointment of members to the Fire Review Task Force. J. Discussion regarding additional funding for possible travel to Tallahassee and Washington regarding tax reform and federal appropriations. (Commissioner Frank Halas) K. Recommendation that the Board establish the process for the selection of a County Attorney. (Commissioner James Coletta) L. Appointment of member to the Collier County Coastal Advisory Committee. 3 of 11 10. COUNTY MANAGER'S REPORT A. To update the annual economic incentive report presented to the BCC in the Fall of 2006 (Joseph K. Schmitt, Administrator, Community Development & Environmental Services, Division) B. Recommendation to disapprove institution of an Ordinance to allow use of golf carts on the County roadways of the Isles of Capri community. (Bob Tipton, Traffic Operations Director) C. Recommend the Board of County Commissioners consider a Course of Action in Response to the Florida Department of Community Affairs Statement of Intent to Find a Portion of the EAR based Growth Management Plan Amendments Not in Compliance. (Joseph K. Schmitt, Administrator, Community Development & Environmental Services Division) D. This item continued from the May 22, 2007 BCC Meeting. Providing requested information about potential for contributing $500,000 from Conservation Collier funds to assist the City of Naples in building trail and bridge on City-owned land as part of the Gordon River Greenway. (Alex Sulecki, Principal Environmental Specialist) E. Request to Continue Growth Management Plan Amendment Petitions CP-2005-3 and -4 from the 2005 Cycle of Plan Amendments to the 2006 Cycle. (Joseph K. Schmitt, Administrator, Community Development) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY ATTORNEY'S REPORT A. Recommendation to approve a proposed settlement relating to Parcel 132 in the condemnation lawsuit styled Collier County v. Panther Key, LLC, et al., Case No. 06-1456-CA (County Barn Road Project No. 60101). (Fiscal Impact $746,050.00) B. This Item is Companion to Item 12A, Panther Key Proposed Settlement, to be Considered if Settlement is Rejected. Recommendation to approve the Offer of Judgment in the amount of $1,250,000 as to Parcel 132 in the lawsuit styled CC v. Panther Key, LLC, et al., Case No. 06- 1456-CA (County Barn Road Project No. 60101). (Fiscal Impact $505,300.00) 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY AND/OR COMMUNITY REDEVELOPMENT AGENCY A. This item to be heard at 3:00 p.m. Recommendation for the Collier County Community Redevelopment Agency (CRA) to authorize the Bayshore Gateway Triangle CRA Executive Director to negotiate a closing date extension to a purchase contract for certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency and authorize the CRA Chairman to sign the extension. (David Jackson, Executive Director, Bayshore/ Gateway Triangle CRA) 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 4 of 11 ~~~~~~~~-~~~-----~-----------------------------------------------~~-------------------------------------------~-~--------------------------------- 16. CONSENT AGENDA. All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. -----------------------------------------------~~-------------------~--------------------------------------------------------~-------------------- A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1. Recommendation to approve final acceptance of the water and sewer utility facilities for Quail West, Phase 3, Unit 2. To accept final and unconditional conveyance of the water facility for Royal Cove Plaza. 3. Recommendation to approve final acceptance of the sewer utility facility for Royal Cove Plaza. 4. Recommendation to approve final acceptance of the water and sewer utility facilities for Stratford Place Carriage Homes. 5. Recommendation to approve final acceptance of the water and sewer utility facility for Stratford Place T ownhomes. 6. 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 Marquesa Royale. 7. This item was continued from the May 22, 2007 BCC Meeting. 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. 8. Recommendation that the Collier County Board of County Commissioners approve a budget amendment of up to $13,488 from FY07 Fund 186 adopted budget to cover a gap in salary for the Immokalee Weed and Seed Coordinator position. (Companion item to the Community Redevelopment Agency (CRA) approval of expenditure under 16G1) B. TRANSPORTATION SERVICES 1. Recommendation to approve a Resolution to reduce the speed limit on Collier Boulevard (CR 951) from the current speed limit of fifty-five miles per hour (55 MPH) to fifty miles per hour (50 MPH) from 1500 ft north of Rattlesnake Hammock Road to 750 ft south of Lely Cultural Boulevard. 2. To receive Board approval to accept an amendment to a funding agreement with the South Florida Water Management District to share in a portion of the construction cost of the Lely Area Stormwater Improvement Project and to approve a budget amendment to recognizing $395,000 of revenue appropriating same amount as an expense into the project, Project 511011. 3. To authorize the expenditure of $64,090 for a para-transit vehicle through the Florida Department of Transportation procurement process using a combination of $46,553 in Rural Capital Grant reimbursement dollars, $17,000 in insurance reimbursements, and $537 in local dollars from Fund 427 Project 314271; to accept the Rural Capital Grant money and insurance reimbursements and approve any necessary budget amendments; and to use the FY07 Florida Vehicle Procurement Program and waive the competitive purchase process. 4. Recommendation to approve the purchase of three (3) para-transit vehicles through the 5310 grant that only require a 10% match through the County. ($26,185.70) 5 of 11 5. Recommendation to approve a change order in the amount of $122,010.00 to CH2M Hill, Inc. amending contract #05-3774 Gordon River Water Quality Park (project No. 510185) Engineering Design contract. C. PUBLIC UTILITIES 1. Recommendation to approve a Change Order in the amount of $217,000 for the electrical work at Pelican Bay Wastewater Decommissioning plant and the associated Budget Amendment, Project 72501 2. Recommend to approve Change Order 2 to Agreement 06-3939 for Program Management and Oversight Services with Malcolm Pirnie Inc., in the amount of $169,342 related to the Northeast Facility Projects 75012. D. PUBLIC SERVICES 1. Approve a limited use license agreement between the Board of County Commissioners and the Naples Junior Chamber of Commerce, Inc., approving use of specified county-owned property for conducting a July 4th Fireworks Festival. ($25,000) 2. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Enrique Galvan Ramirez and Ana M. Galvan (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 94 Independence, Phase II in Immokalee. 3. Recommendation to approve budget amendments in the amount of $113,428 to ensure continuous funding of the Alzheimers Disease Initiative grant. 4. Recommendation to approve a budget amendment in the amount of $7,099 to ensure continuous funding of the Home Care for the Elderly grant. 5. Recommendation to approve budget amendments in the amount of $697,291 to ensure continuous funding of the Community Care for the Elderly grant. 6. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Madeleine Joseph (Owner) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 132, Independence, Phase II. 7. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Dieuseul & Marthe Mareus (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 87, Independence, Phase II. 8. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Lemoine Moinius and Marie Moinius (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 8, Trail Ridge Naples. 9. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Gaston Duperrier and Marie Duperrier (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 5, Trail Ridge Naples. 10. Recommendation that the Board of County Commissioners approves, and authorizes the Chairman to sign, a lien agreement with Manasse Fradeus and Martine Fradeus (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 141, Trail Ridge Naples. 6 of 11 E. ADMINISTRATIVE SERVICES 1. Approval of a budget amendment to Fund 516, Property and Casualty Insurance to finalize the payment of property insurance claims related to Hurricane Wilma and to recognize corresponding reinsurance recoveries in the amount of $1,449,063. 2. Recommendation to approve a budget amendment to Fund 518, Workers Compensation, in the amount of $24,400 to provide online safety training to Collier County Staff. 3. Report and Ratify Staff-Approved Change Orders and Changes to Work Orders to Board- Approved Contracts. 4. Recommendation that the Board of County Commissioners recognize a Memorandum of Understanding between the County, the Social Security Administration and the Department of Homeland Security instituting participation in their Employment Eligibility Verification Program (EW), Basic Pilot to verify information on newly hired employees and to maintain compliance with Immigration law. 5. Recommendation to approve the addition of the classification Director Coastal Management Programs to the 2007 Fiscal Year Pay and Classification Plan. F. COUNTY MANAGER 1. Recommend approval of Change Order #3 in the amount of $20,000 on Contract 05.3772 with Miles Media Group for Tourism Department Web Site Modifications. 2. Recommendation to approve Memorandum of Understanding for county emergencies between Collier County and Habitat for Humanity of Collier County 3. Recommendation to approve Memorandum of Understanding for county emergencies between Collier County and Veterans of Foreign Wars Post 7721. 4. Recommendation to approve Memorandum of Understanding for county emergencies between Collier County and Guadalupe Social Services. 5. Recommendation to accept an awarded Community Foundation Grant to help fund attendance of staff at the 2007 National Conference on Community Preparedness and the approval of necessary budget amendments to recognize and appropriate revenue in the amount of $1,762.00 6. Recommendation to approve Memorandum of Understanding for county emergencies between Collier County and Mayflower Congregational Church. 7. Recommendation to approve Memorandum of Understanding for county emergencies between Collier County and Immokalee Friendship House. 8. Recommendation to approve an Inter-local Agreement between Collier County Board of County Commissioners and the Collier County School District regarding disaster preparedness responsibilities contained in Florida Statute 252 G. AIRPORT AUTHORITY ANDIOR COMMUNITY REDEVELOPMENT AGENCY 1. Recommendation that the Community Redevelopment Agency (CRA) approve the expenditure of up to $13,488 from FY07 Fund 186 adopted budget to cover a gap in salary for the Immokalee Weed and Seed Coordinator position. (Companion item to the Board of County Commissioners budget amendment approval under 16A8) 2. To approve and execute Site Improvement Grant Agreement(s) between the Collier County Community Redevelopment Agency and a Grant Applicant(s) within the Bayshore Gateway Triangle Community Redevelopment area. ($8,000) 7 of 11 3. Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot and trailer in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $90,000 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3991 New Moon Court ($90,000). 4. Recommendation for the Community Redevelopment Agency to approve the purchase of a residential (mobile home) lot and trailer in the Bayshore area of the CRA as part of a CRA residential infill project; to approve payment from and authorize the CRA Chairman to make a draw from the Bayshore Gateway Triangle CRA Wachovia Bank Line of Credit in the amount of $90,000 plus cost and expenses to complete the sale of subject property; and approve any and all necessary budget amendments. Site address: 3962 Harvest Court ($90,000). 5. Recommendation from the Collier County Airport Authority that the Board of Commissions of Collier County accept a grant offer from the Florida Airports Council (FAC) and authorize its Chairman to execute the grant agreement in the amount of $5,000, and approve all necessary budget amendments. This grant is to provide wages, living assistance and/or transportation expenses for one (1) intern during the summer of 2007 at the Marco Island Executive Airport. This grant does not require matching funds. 6. Recommendation to accept a grant offer from the Florida Airports Council (FAC) and authorize the Boards Chairman to execute the grant agreement in the amount of $5,000 and approve all necessary budget amendments. This grant is to provide wages, living assistance and/or transportation expenses for one (1) intern during the summer of 2007 at the Immokalee Regional Airport. This grant does not require matching funds. 7. Recommendation from the Collier County Airport Authority that pursuant to Section 125.38, Florida Statutes, the Board of County Commissioners approve and authorize its Chairman to execute the attached Resolution and authorize the Authority's Executive Director to negotiate, and bring back to the Board for its approval, an agreed-upon twenty-five (25) year sub-lease agreement with the Florida Army National Guard to sub-lease a twenty-five (25) acre parcel of land at the Immokalee Regional Airport on which the National Guard will construct its Readiness Center (National Guard Armory). 8. Approve a budget amendment for $208,000 to increase revenues and expenses for the sale and purchase of aviation fuel at the Marco Island Executive Airport and the Immokalee Regional Airport. H. BOARD OF COUNTY COMMISSIONERS 1. Commissioner Henning requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Henning attended the 2007 Paradise Coast Tourism Star Awards and 5th Annual Collier County Tourism Week Celebration on May 16, 2007 at The Ritz Carlton Golf Resort, Naples, FL. $30.00 to be paid from Commissioner Henning's travel budget. 2. Commissioner Henning requests Board approval for payment to attend a function serving a valid public purpose. Commissioner Henning attended The French Legion of HonorlCollier County Veterans Council award ceremony and luncheon on June 6, 2007 at The Hilton Naples, Naples, FL. $29.00 to be paid from Commissioner Henning's travel budget. 3. Proclamation designating June 29 - July 5, 2007 as National Clean Beaches Week. To be mailed to Mr. Walter McLeod, Board of Directors and Advisors, Clean Beaches Council, Washington, D.C. 4. Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Economic Development Council luncheon at Florida Gulf Coast University on May 24,2007. $31.00 to be paid from Commissioner Halas' travel budget. 8 of 11 5. Commissioner Halas requests Board approval for reimbursement regarding attendance at a function serving a valid public purpose. Attended the Economic Development Council Eastern Collier County Industry and Opportunity Tour on May 30, 2007. $20.00 to be paid from Commissioner Halas' travel budget. 6. Commissioner Coletta requests approval for reimbursement for attending a function serving a valid public purpose. Commissioner paid in advance to attend the Physician Led Access Network (PLAN) of Collier County's Annual Board Meeting and Dinner on May 14, 2007 and is requesting reimbursement in the amount of $25.00, to be paid from his travel budget. I. MISCELLANEOUS CORRESPONDENCE 1. To file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS 1. Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government for the United States Department of Justice COPS Secure Our Schools (SOS) 2007 Grant Program. 2. To obtain board approval for disbursements for the period of May 12, 2007 through May 18, 2007 and for submission into the official records of the board. 3. To obtain board approval for disbursements for the period of May 19, 2007 through May 25, 2007 and for submission into the official records of the board. 4. To obtain board approval for disbursements for the period of May 26, 2007 through June 01, 2007 and for submission into the official records of the board. 5. To Present to the Board of County Commissioners the State Revenue Sharing Application for Fiscal Year 20072008 and to Obtain Board Approval for the Chairman to Sign the Application. 6. Recommend that the Board of County Commissioners approve a document for Eleventh Year State Criminal Alien Assistance Program (SCAAP) Grant Funds. K. COUNTY ATTORNEY 1. Recommendation to Approve a Stipulated Final Judgment for Parcel 112 in the Amount of $165,000 in the Lawsuit Styled Collier County v. The Shores At Berkshire Lakes Master Homeowners Association, Inc., et ai, Case No. 06-0828-CA (Santa Barbara Boulevard Project No. 62081). (Fiscal Impact: $17,200.00) 2. Recommendation to Approve an Agreed Order Awarding Expert Fees and Costs Relating to Parcel No. 178 in the Case Styled Collier County v. Teodoro Gimenez, et al., Case No. 04- 0561-CA (Vanderbilt Beach Road Project #63051) (Fiscal Impact: $56,000.00). 3. Recommendation to Approve a Stipulated Final Judgment for Parcels 858 and 958 in the Amount of $19,300.00 in the Lawsuit Styled Board of County Commissioners of Collier County v. Grand Cypress Communities, et aI., Case No. 05-1053-CA, South County Regional Water Treatment Wellfield Project #70892. (Fiscal Impact: $650.00). 4. Recommendation to Authorize the Making of a Second Offer of Judgment to Respondents, Duffield W. Matson, III and Sarah Matson, for Parcels 717R, 917, 718R and 918R in the Amount of $31,500.00 in the Lawsuit Styled Collier County v. Duffield W. Matson, III, et aI., Case No. 05-1054-CA, South County Regional Water Treatment Wellfield Project #70892. (Fiscal Impact: $16,350.00 if offer is accepted). 9 of 11 5. Recommendation to approve a Stipulated Final Judgment as to Parcels 716, 816, 916, 814 and 914 in the amount of $93,340 in the lawsuit styled Collier County v. Centrex Corp., Ltd., et al., Case No. 05-1129-CA (South County Regional Water Treatment Wellfield Project #70892). (Fiscal Impact: $38,990). 6. Recommendation to approve a Stipulated Final Judgment as to Parcels 815 and 915 in the amount of $33,890 in the lawsuit styled Collier County v. Colonnade on Collier Blvd. LLC., et ai., Case No. 05-1091-CA (South County Regional Water Treatment Wellfield Project #70892). (Fiscal Impact: $37,871.70). 7. Recommendation to Approve an Agreed Order Awarding Expert Fees and Costs Relating to Parcel No. 134 in the Case Styled Collier County v. TreeSource, Inc., et al., Case No. 02-5167- CA (Immokalee Road Project #60018) (Fiscal Impact: $1,800.00). 8. Recommendation to approve a Stipulated Final Judgment for Parcel No. 130 in the lawsuit styled Collier County v. Berean Baptist Church of Naples, Inc., et ai., Case No. 06-1254- CA(County Barn Road Project No. 60101). (Fiscal Impact $58,337.25) 9. Request Authorization to Amend Collier County Ordinance No. 87-60, as Amended, to Exempt from the County's Local Requirements, but not from State of Florida Newly Enacted Statutory Requirements, regarding Solicitation Activities Conducted in or Along Streets and Roads by Organizations that are Exempt from Federal Income Taxes under Section 501(c)(3) of the Internal Revenue Code and are Either Registered as a Charitable Organization (or Sponsor) with Florida's Department of Agriculture and Consumer Services, or are Statutorily Exempt from such State Registration. 10. Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to reissue revenue bonds issued in 2004 to finance educational facilities for Community School of Naples, Inc. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASI- JUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDA-2006-AR-10916, PINE RIDGE MIXED-USE CENTER MPUD, Michael R. Fernandez representing the Grand Inn of Naples, Inc., requesting to have the Collier County Planning Commission (CCPC) consider an application to rezone the subject site from the Planned Unit Development (PUD) zoning district to the Mixed Use Planned Unit Development (MPUD) zoning district for a project to be known as Pine Ridge Mixed Use Center MPUD. The amendment to the approved MPUD Document proposes to add 24,000 square feet of commercial use, add General Office as a permitted use, eliminate Restaurant as a permitted use, and include revisions to the development standards. B. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Recommendation to approve Petition AVPLAT-2007-AR-11576, Lipari- Ponziane, to disclaim, renounce and vacate the Countys and the Publics interest in a County Utility Easement encumbering Tract FDa1, Lipari-Ponziane, a subdivision as recorded in Plat Book 47, Pages 80 through 89 of the Public Records of Collier County, Florida, situated in Section 31, Township 50 South, Range 26 East, Collier County, Florida, and being more particularly described in Exhibit A. 10 of 11 C. This item has been continued from the May 22, 2007 BCC Meeting. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition: CU-2006-AR-9458, Silver Strand III Partnership, represented by George L. Varnadoe, Esquire, of Cheffy, Passidomo, Wilson & Johnson, LLP and Fred Reischl, AICP, of Agnoli, Barber & Brundage, Inc., requesting a conditional use for Rinker Concrete Plant at Silver Strand in the Rural Agricultural with an Mobile Home Overlay (A-MHO) Zoning District. The subject property, consisting of 14.74 acres, is located approximately 1,300 feet south of Stockade Road on the east side of Immokalee Road (CR 846), in Section 15, Township 47 South, Range 29 East, Immokalee, Collier County, Florida. D. Petition: PUDZ-2005-AR-7588, Richard Evans, represented by Tim Hancock, of Davidson Engineering Inc., requesting a rezone from Rural Agriculture A zoning district to Commercial Planned Unit Development CPUD, to be known as Evans CPUD, by creating a PUD Document and Master Plan, proposing medical and professional offices and non-commercial indoor storage by occupants of the building(s), with a maximum of 52,000 square feet. The subject property, consisting of 6.0 acres, is located west of Livingston Road and south of Pine Ridge Road at 12745 Livingston Road in Section 13, Township 49, Range 25 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. E. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. HD-2006-AR-10449 Marie Barnett, of M. Barnett Design, representing Siegfried and Irene Fascher, is submitting a Historic Designation for 11219 Keewaydin Island as a historically significant structure for property located on the south 100 feet of north 500 feet of lots 1 and 2, South Naples Shores, sections 23 and 24, Township 51 South, Range 25 East, Collier County, Florida F. Approve an Amendment to Ordinance No. 84-37, as amended, also known as the Collier County Code of Laws and Ordinances, Chapter 38, Article III pertaining to Post Disaster Recovery and Reconstruction Management. G. Recommendation that the Board of County Commissioners adopt an Ordinance to amend Collier County Ordinance No. 75-16, as amended, for the purpose of revising and clarifying the time, place, and conduct of meetings of the Board of County Commissioners, the procedure for scheduling and the consideration of items of business of the Board of County Commissioners on the agenda, the procedure for addressing the Board of County Commissioners at the meeting, and the procedures for the reconsideration of matters by the Board of County Commissioners. H. Petition: PUDZ-2005-AR-8379 (MD) Home Dynamics of Naples, LLC, represented by Robert Duane, AICP, of Hole Montes, Inc., is requesting a rezone from the Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district for project to be known as Boxwood RPUD. The subject property consisting of 29.69 acres, with a maximum of 207 residential dwelling units of which 20 percent of the total number of units will be for Affordable-Workforce Housing, is located at 1429014300 Collier Boulevard, Section 35, Township 48 South, Range 26 East, Collier County, Florida. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 11 of 11 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING June 12. 2007 Item 8A continued to the June 26. 2007 BCC meetina: Recommendation that the Board of County Commissioners reviews, accepts and authorizes the Chairman to sign a resolution declaring the attached inventory list of County-owned real property as surplus land in accordance with Florida Statutes 125.379 to be sold and the proceeds used to develop affordable housing. (Staff's request.) Item 8B continued to the October 23.2007 BCC meetina: This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. PUDZ-2006-AR- 10698: A. Grover Matheney, Trustee, represented by R. Bruce Anderson, Esq. of Roetzel & Andress, LPA and Margaret Perry, AICP of WilsonMiller, Inc., is requesting a rezone from Planned Unit Development (PUD) to Commercial Planned Unit Development (CPUD) for a project to be known as the Gaspar Station PUD. The subject property consisting of 17.7 acres, is located on the south side of Immokalee Road (CR 846), approximately one quarter mile west of the 1_ 7511mmokalee Road interchange, in Section 30, Township 48 South, Range 26 East, Collier County, Florida. (Petitioner's request.) Item 9H: Commissioner Henning withdraws reconsideration of this item. Instead, for the Board of County Commissioners to discuss and clarify the Stormwater Funding Policy for the Capital Improvement Program - adopted on June 22, 2004. (Commissioner Henning's request.) Move Item 16A7 to 10F: This item was continued from the May 22,2007 BCC meeting. 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. (Commissioner Fiala's request.) Withdraw Item 16D2: Recommendation that the Board of County Commissioners approves and authorizes the Chairman to sign a lien agreement with Enrique Galvan Ramirez and Ana M. Galvan (Owners) for deferral of 100% of Collier County impact fees for an owner-occupied affordable housing unit located at Lot 94 Independence, Phase II in Immokalee. (Staff's request.) Item HC: Additional backup information relating to this item has been distributed and made available for review. (Staffs request.) Item 17D: The Ordinance relating to this item was omitted from the agenda package. Copies have been distributed and made available for review. (Staff's request.) Item 17G: Paragraph 7b. of the draft Ordinance is to read: "b. Request for Reconsideration bv Petitioner. A reauest for reconsideration mav be made onlv bv the petitioner. The petitioner shall mav request reconsideration of a petition in writing to the County Manager. . ." (Staff's request.) Move Item 17H to 8C: This item to be heard at 10:00 a.m. This item requires that all participants be sworn in and ex parte disclosure be provided by Commission members. Petition PUDZ-2005- AR-8379 (MD) Home Dynamics of Naples, LLC, represented by Robert Duane, AICP of Hole Montes, Inc., is requesting a rezone from the Agricultural (A) zoning district to the Residential Planned Unit Development (RPUD) zoning district for project to be known as Boxwood RPUD. The subject property consisting of 29.69 acres, with a maximum of 207 residential dwelling units of which 20 percent of the total number of units will be for Affordable-Workforce Housing, is located at 14290 14300 Collier Boulevard, Section 35, Township 48 South, Range 26 East, Collier County, Florida. (Commissioner Coyle's request.) Time Certain Items: Item 9G to be heard at 11 :45 a.m. Resolution supporting the efforts of the Judicial System to eliminate Identity Theft. (Commissioner Donna Fiala.) Item 10A to be heard after 1:00 p.m. To update the annual economic incentive report presented to the BCC in the Fall of 2006. (Joseph K. Schmitt, Administrator CD&ES.) Item 14A to be heard at 3:00 p.m. (The Executive Summary in the backup material incorrectly stated 4:00 p.m.) Recommendation for the Collier County Community Redevelopment Agency (CRA) to authorize the Bayshore Gateway Triangle CRA Executive Director to negotiate a closing date extension to a purchase contract for certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency and authorize the CRA Chairman to sign the extension. (David Jackson, Executive Director, Bayshore/Gateway Triangle CRA.) WHEREAS, WHEREAS, WHEREAS, WHEREAS, ~ WHEREAS, WHEREAS, PROCLAMATION Agenda item No. 4A June 12, 2007 Page 1 of 2 the Immokalee Foundation was formed in 1991 by philanthropist Parker Callier to help improve the future of Immokalee's children by raising the owareness of ond financial support from neighboring Neapolitans and its Mission is "building pathwoys to success for the children of Immokalee;" and, the Immokalee Foundation distributes from $80,000 to $100,000 annually to Immokalee programs that support its mission and has distributed in excess of $1.5 million to projects supporting early learning, college preparatory, and emergency aid to the children of Immokalee, and plans to distribute $5.6 million over the next five years to various community partnerships. programs, and scholarships; and, the Immokalee Foundation partners with Collier County organizations that support Immokalee's children throughout the duration of their educational lives, an approach The Immokalee Foundation recognizes as "Cradle to Career;" and, the Immokalee Foundation financially sponsors up to 75 Immokalee children enrolled in The Education Foundation of Collier County's "Take Stock in Children" mentoring and tuition-assistance programs, and 14 of those children will graduate from Immokalee High School in June, the first group of the Immokalee Foundation-sponsored students to do so; and, the Immokalee Foundation plays a positive and significant role in the education of Immokalee's children and aims to expand its valuable work by further partnering with other community organizations. leaders and volunteers; and, the Immokalee Foundation recognizes the volunteer efforts of Ellen Harris and the charitable contributions of Bay Colony, Port Royal and numerous other communities, private individuals, and civic groups in Collier County. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that May 21, 2007 to May 25, 2007, be designated as IMMOKALEE FOUNDA TION WEEK in recognition of its continued service to the community of Immokalee. DONE AND ORDERED THIS 22nd Day of May, 2007 .~ ATTEST; BOARD OF COUNTY COMMISSIONERS COLUER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN DWIGHT E. BROCK, CLERK Item Number: Item Summary: Meeting Date: Page 101' 1 ',,)-,r;:Ji; It\ June ~'rjG7 Pci(li' COLLIER COUNTY ["WARD or COUNTY COMMISSIONEP.S I." "M'13!',:ifl.:J"1 d,-",ig_w\:I';Q Mav ::". 2007:c- May 2~, ;'(}(j~ 8S Irn'~',ol'a!et Fr)un,:aT;Ori '.fj"ek ., 0 b,- read ;md accepled I'JY Mr EJ Laudist :execuTivE' D'ri'~ct0r the 1'"rlluUllf)<O ;::()uI1d8h,,~ r!li" ;!CIT; was <llre'Cldy V()j( d un at tl)(e' rJ:il', - 20U' [3::(; rTF}f~I;r>g (,:,: :':.'GC7'JCC: DO: M Exccuti\I(' A,d~ lothe Bee Date Prepared By LisJResnlck Boardo! County CommissiofiNS Bce Office 512212[)OT9:18:(1, AM Sue Fil~cn ExoGtltl-ve Manager to llle 8::::e Date Apllro\'Cd By Board ~,f County Commissicm:rs sce Office '>123.'20077;56 ;',M County Monager Date Approyed fly JamB!>\'. Mudd Board .:;fCounty Cormmss,Clrwrs CDun!y ~{,HlJP(/S Office 5/2'0:200: 'I.Sf;,\M ._-----~ PROCLAMATION ,L\aenda Item No.4 B ~ June 12,2007 Page 1 of 2 WHEREAS, mo,.. than 65 years ago, the National Housing Act was signed into law, making home ownership available to millions of families who previously could not afford to buy their own homes; and, WHEREAS, home ownership has always been the foundation of the American dream, and over 75 million people nationwide and thousands of families in Collier County have worked hard and set aside their savings so that they might enjoy the security and stability of owning their own home; and, WHEREAS, Collier County's low-income housing market is, in part. the ,..sult of willing leaders, Realtors, and nonprofit agencies committed to providing affordable housing opportunities for all citizens: and, WHEREAS, Collier County's Housing and Human Services Department ;s committed to assisting low and moderate income families to become homeowners via the Home Loan Program, SHIP purchase assistance program, and community development grants with the U.s. Department of Housing and Urban Development; and, WHEREAS, Collier County's commitment to home ownership has brought extraordinary rewards, invigorating the construction, real estate and lending industries, creating new jobs and enhancing our prosperity; and, WHEREAS, hundreds of families have become homeowners through our partnership with the Collier County Loan Consortium consisting of 6 banking partners,' and, WHEREAS, home ownership strengthens families and promotes personal and financial well-being; and, WHEREAS. home ownership has encouroged thousands of Collier County ,..sidents to save and invest, to take pride in their neighborhoods, and to take an active, responsible role in the life of their communities; and, WHEREAS, it is appropriate and fitting that we recognize the value of home ownership, its benefits to Collier County, and to our community. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida. that the month of June be designated as HOME OWNERSHIP MONTH DONE AND ORDERED THIS 12th Day of June, 2007 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES COLETTA, CHAIRMAN - ATTEST: DWIGHT E. BROC/(, CLER/( Page J of ] I'W ".Jilllcrn NCJ "18 .2 COLLIER COUNTY BOARD OF COUNTY C()Mr,lISSI0NU~S Item Number: 'IB lIemSummary: "T:JClurn ,IIUI~ Ue:'il]111Itir1] II-,e menU: of ,,':me ,JS '1CJrnr u>rme:,,!l;u M ;ni~' Tu Ix a,:u;pi",j by Meeting Date: I'ds Marcy :/rurTll"n~, Dlre~tor 01 ;-;'lusnH) cmd HunWr] SC'~:ce,_ :0; 'E," CC'lIl~~Y 5/1;~!L'GC: 8000G /,M Prepared By Lisa R"snick EXl)'cutilleAidc 10 the Bee DZIt., BO<lrd of County Cornmis'<iollers SCCOf/ice 5141200711;23:18 AM Appruvcd By SUf,f'ilson Ex"'~ulive Ma""~]Cr to 1I1~ Bee D~je Bo-uc!ofGoUnly Commls:;iorlers BeCOmee oi41200711;25AM Appr,-,vcd ny Jar""" V, Mudd County Ma.nager Dille Board of County COrfll'l1issio"',rs CDUIlly Mana.g"r'~; OffIce 614,'2()OT 11:45AM Page 1 of I i"n'')fKia Item ~jA :'(JU7 iGf1 COLLIER COl!!';TY 801'.r [! (JF courn\' COf;JnR!SSIOrJE:I~S ltemNumber: ,J. ttemSummary: Meeting Date; 'uj:"."I:O:i r/"(Jnq;"" "'lin M;-m(J 1::'I8Z.",.'1;iJr'" "W'.'" ,uj,' f,I12I:<)('- :'.De, cr"hM Prl'parcd By Sue Filson E,eClJliv(! ManJflcrto th" DeC D~te BoartlofCounly Comrnissiom:rs [lCe Of!,ce ApprovedRy J~me~ V. Muud eDunti Marwger Date Board ofC(Jilnty Commi$<;iont1n; County ~~J;n"\le"5 Off;,," GfE.l::OC7 346 PM l\genc'a item t\lo. S3 .L.me i2. 2007 PagG 1 of 5 Executive Summary Recommendation to recognize County staff members, Bert Miller, Jamie French, Jay Kim, Richard Zyvoloski, Lindsey Dagnall, and Kenneth Kovensky for being recognized by the Public Technology Institute and awarded a first place technology solutions award for the use of innovative Geographical Information Systems Technology in the County's Hurricane Impact Assessment Mobile Application. OBJECTIVE: To obtain the approval from the Board of County Commissioners to recognize County staff members, Bert Miller, Jamie French, Jay Kim, Richard Zyvoloski, Lindsey Dagnall, and Kenneth Kovensky for receiving the 2006/2007 Public Technology Institute's first place technology solutions award for their use of innovative Geographical Information Systems Technology in the County's Hurricane Impact Assessment Mobile Application. CONSIDERATIONS: This application is primarily used for post disaster assessments by the Community Development and Environmental Services Division, Information Technology Department and the Bureau of Emergency Services to expeditiously collect and assess damage and habitability. Designed to run on any laptop with or without a USB connected GPS antenna, this application was created and tested by County staff to allow for the efficient dispatch of inspectors while enabling field data to be assembled and assessed quickly by emergency services staff. The Public Technology Institute (PTI) is a national, member-supported non-profit institute created by and for cities and counties. PTI works with a core network of leading local government officials to identify opportunities for technology research, to share best practices, to promote technology development initiatives and to develop educational programming. FISCAL IMPACT: There is no fiscal impact on the County. This application was exclusively designed, field tested and implemented by County staff. GROWTH MANAGEMENT IMPACT: There is no growth management impact on the County related to this request. RECOMMENDATION: That the Board of County Commissioners recognize County staff members, Bert Miller, Jamie French, Jay Kim, Richard Zyvoloski, Lindsey Dagnall, and Kenneth Kovensky for receiving the 2006/2007 Public Technology Institute's first place technology solutions award for their use of innovative Geographical Information Systems Technology in the County's Hurricane Impact Assessment Mobile Application. Prepared By: James C. French, Operations Manager, CDES ~\qe Ide ! Page COLLIER COl!NTY 80ARD OF COUN1Y COMMISSIONERS Item Number: 'if' ItemSummilry: R'JCDr'llTle''<'1OiI:)'' to '''1': )9nI7." COTlly SId:f mW'~~J{W: F!ert M,lie;' Jd"'''C h('nch J~y '<'m F,:cr,a,d ::yvpioski Lindsey Dagnal!, and Kenn~tr! I<o,:ensky f;), beirlg r~:'o:)rHz€d bv the Pul)IIC T'j~hnoiogy Institute and awarded a hrst pl<:lc€ teCrllloio9Y SO!~'.larl~ avnrd for the use of Innovdtlve GcaI;Hup~lI<::al inforrnal'on System, TeC:llno!ogy In the CCluntys 111I' iCElI'e IrnpOC:l ;o,SS[i'~~ITlen: M;)!J,iF' ;'p::>llcatlon Meeting Dilte: C/l:C'CDT90UUO;,M Prepared By JarncsFrench Operallon$ Supervl$or Date Community Developm~'n\ & Environmt'ntalServices CDESOper:Jtions SI;,'1/2007111046AM Appron'd R}' MJrleneStewart ExecutlveSecrelary Commuruty Development & Communit,. Development & Environ~'ental Services Environmental Servi~es Admin. Date 5121120071147AM ApprondBy Judy ruig Oi)fnati(ll1~ !1flalyst D:lte Comrnunitv Development & Communit\-, Development & EnvlronmantdlServices Environmental Services AdlTlin 512112(107 12:2~ PM AI'IJrU\l'd By JosPjJllKSchmilt Ce>;nrrlUrHt,. t!evelcpftlellt [;, Enlfrron".ental Scn'icos Admin,tl'alor Dale Comm,mily Dev.',iopm""'t & EnvirotltllOnUI ~-"':r,'tes Community Devt'IOpnwn:& [rlV,ronn'lenlal Sorvlc,,"-Admin 5/22!2l1074:S1 PM Approved By 0,';18 Coordln~t.or CJ!\<iBCoerd:tlfWr CAe Cqurlly Managur'a01ficc Off,(e of Manage~'''H1j Ii. 8wlgej r,/25.'2007 4:01i "1,1 ApIJrO\'l'd By riii;rk !~dckson !:b'JgCi. AnJly~t [j81., COiJ'll\' rMlni)(lf'r'S Off,. Uff;",.' D( r.1zmJ,.wnH"n: 1> Budgel G:2C(JC71 JG P\,1 ApproVl'd B}' JJr11es\.'.I\'rLJ(1d Co un!\-, r," an.l ~~er D~te BoonJ ofCoLJnty Com,[;- M"flJ\1Cr'~.. Off,Cf' G/1/?()07:' 2GPM Commis",onr,r:; Aoenda Item No. 58 ~ June 12, 2007 Page 3 of 5 t- ." .. . .... . '. P I [::tHeir;. qF:." I~' ,,,Ikh.,,d',~.<<I<:,, fh,,~i.h'"T''' t; ~1..:>ULo:Q ":v~WLlWuU'UvJ~~' Lif.ii,l;,.~',..,w~L:Ll~-"'=: The technology resource for local governments ~' J M c' : '....... .",,,'i.\jOli~1 .....',' "l~ ~~~.alI . . J~.. .. . .. .s',,,p HOME I ABOUT I JOIN I COUNCILS I DISCUSSIONS I DOCUMENTS I EVENTS I PROGRAMS I SERVICES I JOBS 2006-2007 Technology Solutions Award Winners n independent panel of judges has identified winners of PTI's latest Technology Solutions Awards. The competition rewards those PTI member local governments that can demonstrate how they apply technology to improve service delivery, reduce operating costs or create new revenue opportunities. Award winners are being recognized at the 2007 PTI Technoloov Leadership Conference, May 6-8 at the Adam's Mark hotel in Denver. "PTI has experienced a resurgence of interest in the Technology Solutions Awards program. We're most impressed by the quality and breadth of this year's entries," according to PTI Executive Director Alan Shark. "The awardees and entrants will receive recognition from PTI, but the real beneficiaries are our city and county citizens." Read on for summaries of the winning entries. PTI will publish additional detail about these projects in the near future. Population Category: [L]arge (700,000+); [M]edium (100,000-699,999); [S]mall (up to 99,999) Phoenix, AZ [L]: Regional Fire Dispatch/DoT Interface An interface between the city fire department's CAD system and the state DOT traffic management center has improved traffic management and public information. Agenda Item No. 58 June 12. 2007 Page 4 of 5 Corpus Christi, TX [M]: Don't Forget the Small Stuff - Using Technology to Improve Citizen Access and Operational Efficiencies Public-facing and internal web-based applications support public safety. Kansas City, MO [M]: Public Safety CAD Integration and Systems Upgrade A joint police and fire CAD system has expanded to serve more departments with high reliability. Rockville, MD [S]: SharpSITE - A Strategic Investment Approach for Digital Cities SharpSITE combines machine vision with machine learning to detect potential security situations and anomalous behavior on video. Phoenix, AZ [L]: Graffiti Web Services An online system is used to track graffiti occurrences and gain restitution from perpetrators. Collier County, FL [M]: Damage and Habitability Assessment Program A mobile, network-independent PC application uses GPS to aid inspectors collecting data on disaster damage. Hennepin County, MN [L]: BookSpace: Improved Service to County Library Readers Library customers and staff are taking advantage of intriguing new capabilities in a redesigned, database-driven website. Phoenix, AZ [L]: Text Resizing on Phoenix.Gov A standards-based, site-wide tool makes the city website more accessible to users with impaired vision. Seattle, WA [M]: The Art of Building Community: Seattle Channel Art Zone A multimedia initiative partners with diverse communities to promote local arts and culture on TV and the web. San Carlos, CA [S]: Online E-Packets with Indexed Video Council/Commission Minutes A web/RSS service enables the public to track city council business in detail. t. Agenda Item No. 5B June 12. 2007 Page 5 of 5 Phoenix, AZ [L]: Automated Scalehouse Processing System A wireless system facilitates scalehouse transactions for residential collection commercial vehicles. San Diego County, CA [L]: Mobile Remote Workforce Innovation in Health Care A web-based referral system, case assignment database and electronic tablets are part of a revamped process to bring enhanced services to children and families while reducing costs. Washtenaw County, MI [M]: Wireless Washtenaw Pilot Program Pilot projects are leading to an expansion of Wi-Fi service throughout the county. Santa Monica, CA [S]: Boards and Commissions Management Application A custom application manages the entire board and commission application and appointment process, bringing improved staff efficiency and public transparency. New York, NY [L]: Smart Building Technology Web-based tools permit remote monitoring and management of heating plants and thousands of elevators. Fort Worth, TX [M]: Corrective Action Reports A database offers streamlined access to laboratory water quality data, dramatically shortening processing time. Santa Monica, CA [S]: Real-Time Parking Availability Online Several technologies, including pavement sensors, electronic signs and web display, are used to provide staff and the public immediate information on available parking. Your Technology Solutions Award contact is Dale Bowen, dbowen(Cilpti.orq, 202-626-2456. Page 1 of 1 Aq8nj2 Item No. SC June 12,2007 F'8ge 1 of 10 COLLIER COUNTY C')i',P.(j or Cc)LJr\TY C:JIMA:::,SI::H';EES Item Number: Item Summary: V.'rl' C,(,,',ldll('" lu S .'l,lr, ~.(,u;';y :<':JI(' cl """"")'2' Trhjl~'I"nT' ;::n "9CiI,()!I'liJlc ,. ~:'iJl1 C" ,J 1 Meeting Date: :'r;,i ,1(1 COC' I\M Prellared By Phil E, GrJIl"ltge'i PE Sr. Project MJ"~ner [)~te Public Utilities PublIC Utdit.Fe~, l:ng"leHing <;"~i2Q07 11 :().:Hl AM Apllrfl\'ed By JamcsV.lItlJdd C.<Hmtl' M~r1"gN D;;te 8{)~rd of County Commis5,onvrs COlJflt\' MJndger''i Off,ell 0.'5.'200711;04 JIM ~ - "4" ~ ffi J 'z I .~I ~<:~ ~~i .. ~z.~ ,~1~ 8.~c ffi~~~ 3l~' 8lih.i ~ . I m : i ! ~ l ~ " g~ ;~ , " .. ' ~~. I 'TI , l"-~_.:-..'." o .. ", i "'1 " 'I. .! . . "I.'.. )(../). ,1 )\ ~ i~.-.';'~' "" o 8 ~ i a ~ " " I I , . " j' [!1 0 ~ . c ~ 8 ~ L1~ Hf ~~A ~~ e~ ,. I ~~8 O'I'Q: ,lJ!,TIOO z: ~ 5 ~ , ~ l I . . I ( . . I ( . . J . . I . ~ z< 5~ ~. ~ ~ > f I . 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Ii I I~! ..- ~~ 8~ ~~ ~~ ~ 9 ~ S&i'l '~ffi ~~ "" !SR;f>",,^' " " ',," '&, tS:8lh'Otl~noo ~. Jl,,,, '. '-;,. \ yf:,,- ._,4.'-.i,^~ y:j. ~:f>' v 0/ 'l* ~ "'" '> ~'" <". "', J,>;, - )~, '~f' ,~, z o . " . i z o m . ~ ~ N b N I. .~ " " ~ l< . ~ . ~~ ~ ffi~~ ~~~ z._ f5t;Srt' 8~i ~rr'3 o~~. 8j::i1o ~H~ ofi~ct ().:h[L:::I! w . ~~ "''+/ ~ ~ i I ~ Slllll .~ Agenda Item No. 6A June 12, 2007 Page 1 of 7 COLLIER COUNTY MANAGER'S OFFICE 3301 East Tamiami Trail . Naples,FJorida 34112 . (239)774-8383 . Fax(239)774-401O April 17, 2007 Mr. Tim Nance, Secretary Palm Crest Villas, Inc. 180 Cypress Way East E-232 Naples, FL 34110 Re: Public Petition Request to Discuss Walkway Connecting Palm Crest Villas and Willoughby Park Dear Mr. Nance: This is a correction to the ietter you received dated April 10, 2007. Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of May 22, 2007 (rather than 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. JVM/jb cc: David Weigel, County Attorney Marla Ramsey, Public Services Administrator -, ",..._ I'.........' r..... 11~t.-, ~11/-l-<-f1'zt) ~~ Agenda Item No., 6A , June 12, 2007 Page 2 o.f 7 , " -,.,-( Request to Speak under Public Petition . ""J )1. 2"-7 .hll~ !,/ ....J Please print Name: --;;:;n ).//MI(f - :5z.c.rtcPlIUj (him ((z.~5T 1/1f.-fA->; I,.vc. CO,NJ)OJ?1INIVm A-550CI41/0".J Address: ISo C'-(j?/Z"iS5 )./A-Pi.--4.-5 I Fe WHit 'iASr 3'7/10 .z..- 2.32- Phone: C(LL Cc,,'-I/-S"'q./tf Date of the Board Meetina you wish to speak: fYllf If 22 ,),1 2-0D 7 Please explain in detail the reason YOU are reauestino to speak (attach additional paqe if necessary): OeJ{t. Co,IJ):x;JrJlIJV<tlm ct?fJ1P(.f.jC #45 $t.JPFf./l4.D Pl2DhU/115, lJf/111tl-b{./~v-Jo tJIOUUuC.~ ,c~ VI<;,lJltU TO &JIUOl/6Ha'1 (l4(Zi<-. P4ftJls /!{Va flt;.C{2."-A-TIOrV CO.NprIZilLTf..'b A- PtJr3t...rC. VJAU. ~ {JIrLm Cf/tt.-<,T i/lu...g (i{U~0T11 TK4i Hk5 ~,tj)COvfi4<;.4.i) PtJ~L-I<:' T(/4.5('45> A-,ut::. P4f1-I-;tJb. W'2.. -li1W~ IfLi~'Y To !20>oLUc... '1'/-(15 P(20(9..~ <f,INC1... tHL'._ 2.PDLf 1/14- N(/If1i/Zo~ CA-I.L.S I mH./IAbS, II-;J"I) co(7.(l{5fo;JDvX:L (-4 Ui..7Tf.lC..S /t71?fC.H0) ~ f-ltWoS- WA/'TI/vVDUSL-4. BUN (l;7..wrrc;<:. D 1hA-r (?4(Llt..~ t,!OVL.:D Co;Jt;//lf/C."- 4- Pf,NC.<;.. /I/'Ii) {..W71/NA-1'2... p.;bL..iC Aaf-SS F/l-tJrn oVt1- P!2-l~[f'-Tl1, 7Mtu.- HAs ;3{,~N AlO /tCfiOr/ Ff2..vm fYlft/<'-~ Mfr hAlo No /Zksftl/0X 1"~ OI'J(L UiP7/J1~/OrJ~, f-r !r,k<; ;U.W o<.JUf.. ~ 4WS. 3.) Please eXDlain in detail the action vou are askina the Commission to take (attach additional DaQe if necessary): , 'i-Lrml,v,q.T',.... Pi/bLle. Nc>5~ r:Mvn. fAint c(tssr U/l-L.45: frto/Vzf'1 //VTD /A)/(..l-Oubi-fiJr.r fN2jL. /HIS ~ #/7.AiJ5 :- I ~ 2>17.!-1:> 4- fVJC"i... .4U'4'56 171~ ttJi.5/ A-;J9 'Soon--t SI])<;'S o~ 77<>: PArtIL ItS PtlM!I>~D 'S/N<<-' ?DDc{. 2..) {2.,.emwe -H.e Public.. W/H..I{.. F~ OGr?.. f(l-er'f-ft11{,4.-d 4Jc.i~ 'IlK.. G..LfT<i..... . tJeJp (,<.5 fes~(-e H~ /?fi.-t'.-fJ (.....Oc;r fJU(S/rfJc.~ 4 pA(lcrtS +k (J.euc~ ,a.il QYlur or: OlJ(L. ./-!9f11e> 'T!-Ilt-i I b()~ ID iHL Co~ST(1.r./C--.norJ of /P<J A-lTfZ.4Cr1r.JL 0.-.) (Lee r-'c--+ioA /..A-?1c 01; /YI"'rJM4fJ'\~ ~ AC--r/o,-,), C:\DOCUME-1\Gayle\LOCAlS-1\Ternp\Public Petition Request Form.doc of ~'\-) LSTT7fi-S i/-1T44-<.'Z0 . . Agenda Item No" 6A t:'i-~-rIFI{"b fnw<U 2007 l"~e 3 of 7 Palm Crest Villas, Inc. 180 Cypress Way East Naples, FL 34110 January 5, 2007 Hon. Frank Halas - Commissioner County Government Center 3301 East Tamiami Trail Naples, FL 34112 Dear Commissioner Halas; This letter is a last resort request for help from you to resolve the continuing problems our condominium community has been having as a result of the construction of Willoughby Park. In summary, the park was constructed in a manner that has encouraged visitors to park and trespass on our property. A gate and walkway was even constructed from our property, leading to the park, without our permission. Visitors to the park are trespassing and damaging our property. We have had arrests and violence. We originally contacted the Parks and Recreation Department in December 2004 regarding our concerns and problems. An initial meeting with Parks at our condominium in December 2004 was followed up by correspondence from us in February 2005, September 2005, a meeting with Ms. Marla Ramsey at her office in January 2006, and another letter to Parks in August 2006 (copied to you and our attorney), and a phone call back from Parks to our President Bob Borrows in September 2006. Throughout our communication Palm Crest Villas board members have been repeatedly assured that the Parks would take action soon to reduce the problems Willoughby is causing" To date no action of any kind has been taken. Examples of our ongoing problems: Visitors park regularly in our already very limited space. Skate boarding and pet walking in our complex has become commonplace. Littering is terrible" Our Condominium has been vandalized with paint balls. Signs have been destroyed. VandaJism is continuing with our evening lights and fixtures smashed numerous times. Several garage doors have been kicked-in and vandalized. Our holiday decorations have been stolen and destroyed. The police have had to respond countless times to resident complaints. Several trespassers have been arrested. A " Agenda Item No, 6A June 12, 2007 Page 4 of 7 2 Our most recent and serious incident occurred this past December 20th. Our president, Bob Borrows was assaulted by a trespasser and sustained serious injury. Weare now in a situation that our residents, primarily retirees, are afraid to go outside their homes in the evening. This is simply intolerable. This situation has been lzoin~ on now for over two vears. We have r~eatedlv been promised a fence. Despite our numerous requests for action over a two vear oeriod Parks and Recreation has done nothing. At this point our residents are requesting we take legal action against the County. Before we proceed, we are appealing to you to assist us in resolving this situation and restore peace to our residences. It is now well past time for Parks and Recreation to restrict visitor access through our property and stop this damage and violence. We request immediate action. Please contact me at 641-5414 (my cell) at your earliest convenience. Sincerely, Tim Nance - Secretary /Palm Crest Villas BOD cc. Ms. Ashley D. Lupo / Roetzel & Andress Agenda Item No. 6A June 12. 2007 Page 5 of 7 Palm Crest Villas, Inc. 180 Cypress Way East Naples, FL 34110 August 4, 2006 Mr. Murdo Smith Parks and Recreation 3300 Santa Barbara Blvd. Naples, FL 34116 Dear Mr. Smith; This letter is a request for immediate action from your department to resolve the continuing problems our condominium community has been having with visitors to Willoughby Park. We originally contacted your office in December 2004 regarding problems related to the new Park. An initial meeting with you was followed up by correspondence in March 2005, September 2005, and most recently a meeting with our Secretary, Tim Nance, yourself, and Ms. Marla Ramsey at your office in January 2006. Throughout our communication Palm Crest Villas board members have been repeatedly assured that you would take action to reduce the problems Willoughby is causing. To summarize the issues once again: Visitors park regularly in our already very limited space. Skate boarding and pet walking in our complex has become commonplace. Littering is terrible. Vandalism is continuing with our evening lights and fixtures smashed several times. Several garage doors have been kicked-in and vandalized. The police have had to respond numerous times to resident complaints. It is now well past time for your agency to restrict visitor access through our property and stop this damage. We request immediate action. Please contact me at 592-1447. Sincerely, Bob Borrows - President !Palm Crest Villas BOD cc. Ms. Ashley D. Lupo I Roetzel & Andress cc. Hon. Frank Halas, Collier Co. Commissioner, Dist. 2 Agenda Item No. 6A June 12. 2007 Page 6 of7 Palm Crest Villas, Inc. 180 Cypress Way East Naples, FL 34110 September 10, 2005 Mr. Murdo Smith Parks and Recreation 3300 Santa Barbara Blvd. Naples, FL 34116 Dear Mr. Smith; As you may recall you met with me on 12/31/04 regarding the problems our condominium community has been having with visitors to WiUoughby Park. Since our initial meeting problems have gotten steadily worse. Visitors continue to park regularly in our already very limited space. Skate boarding and pet walking in our complex has become commonplace. Littering is terrible. Vandalism is continuing with our evening lights and fixtures smashed twice in June alone. Several additional garage doors have been kicked-in. The police have had to respond numerous times to resident complaints. We understand that a certain amount of noise is reasonable from any Park, and that it is a benefit both to the community as well as our residents. It is now necessary, however, that some action be taken immediately by your agency to restrict visitor access through our property and stop this damage. We request a meeting with you at your earliest convenience to arrive at some reasonable solution to these problems. Please contact me at 592-1447. Thank you for your understanding and cooperation. Sincerely, Bob Borrows - President !Palm Crest Villas BOD Agenda item No. SA .June 12. 2007 PEige 7 of7 Palm Crest Villas, Inc. ] 80 Cypress Way East Naples, FL 34] 10 February 5, 2005 Mr. Murdo Smith Parks and Recreation 3300 Santa Barbara Blvd. Naples, FL 34116 Dear Mr. Smith; Thank you for meeting with me on ]2/31 regarding the problems our condominium community has been having with visitors to Willoughby Park. As we discussed, we have had various ongoing problems since the opening of the new park. Recently, as the number of visitors has increased, the situation has gotten significantly worse. Problems include visitors parking in our already very limited space, litter, pet walking in our complex, and paint-balls. Loud music and skate boarding in our parking area sometimes continues into the evening hours. Most recently we have had damage from vandalism to our garage doors, signage, and parking stops. We understand that a certain amount of noise is reasonable from any Park, and that it is a benefit both to the community as well as our residents. We would however, like to move forward on some plan to restrict visitors from our property as much as practicable. We thank you for your understanding and cooperation regarding this problem, and look forward to working with you on a reasonable solution. Sincerely, Bob Borrows - President Palm Crest Villas BOD Agenda item No. 8A June 12. 2007 Page 1 of 6 ~ EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners reviews, accepts and authorizes the Chairman to sign a resolution declaring the attached inventory list of County owned real property as surplus land in accordance with Florida Statutes 125.379 to be sold and the proceeds used to develop affordable housing. OBJECTIVE: To comply with Florida Statutes 125.379. CONSIDERATIONS: In 2006, the Florida Legislature enacted Florida Statutes 125.379, wherein each county is tasked to prepare an inventory list, by July 1,2007 and every three years thereafter, of all real property within its jUlisdiction to which the county holds fee simple title that may be declared appropriate for use or sale for the benefit of affordable housing. The Board of County Commissioners must review the inventory list at a public hearing and revise it as they choose. Following the public heming, the governing body must adopt a resolution that includes an inventory list of such property. The statute provides possible options for appropriate usage of this property to benefit affordable housing. The property may be offered for sale and the proceeds, above any amounts reimbursed to County funds, may be used to: ~ l. Purchase land for the development of affordable housing. 2. Increase the Affordable-Workforce Housing Trust Fund eannm'ked for affordable housing. 3. Sell with the restriction that requires the purchaser to develop affordable housing. 4. Donate to a nonprofit housing organization for construction of pennanent affordable housing. According to F.S. l25.38. all County depmiments and Constitutional offices have been notified of the surplus propeliies and no county PUlvose has been identified for the attached inventory. The Board of County Commissioners may fix a price that is nominal or the actual value of the property and set such price in a resolution. No adveliisement is required. The Board of County Commissioners also has the option to dispose of said inventory and return the monies to the General Fund after appropriate department funds are reimbursed, or to maintain the attached inventOlY as County assets. FISCAL IMPACT: The recommendation to sell the sU1Vlus land will reimburse all the County funds and therefore, have no negative fiscal impact on the County. GROWTH MANAGEMENT IMPACT: Any affordable housing developments that may be developed from the proceeds of the sale of this propeliy will follow all the typical planning and development processes. ---- ,A,genda Item No, SA June 12. 2007 Page 2 of 6 .<- LEGAL CONSIDERATIONS: "Fla. Stat. S 125.379 requires that the County prepare, and this Board review, an inventory list of all property within Collier County owned by Collier County that is appropriate for affordable housing. The list is to be updated every three years. The Board is free to revise the inventory list, and eliminate any parcels it does not wish designated for use as affordable housing. For thosc parcels which are on the inventory list, the Board can elect the manner in which such parcels will be utilized for affordable housing. As the statute provides, the Board may (1) sell the parcel and use the proceeds to purchase land for the development of affordable housing or to increase the local government fund eam1arked for affordable housing; (2) sell the parcel with a restriction that requires the development of the property as permanent affordable housing; (3) donate the parcel to a nonprofit housing organization for the construction of permanent affordable housing; or (4) otherwise make the property available for use for the production and preservation of pem1anent affordable housing. The attached Resolution, which is required by the statute, was prepared by the Office of the County Attorney, and is legally sufficient for Board action. -JAK" ,- STAFF RECOMMENDATION: That the Board of County Commissioners reviews and accepts the attached inventory list as surplus property in accordance with F.S. 125.379, and authorizes thc Chainnan to sign the resolution and offer the property for sale so that proceeds may be deposited into the Affordable Workforce Housing Trust Fund and used for the development of affordable housing. PREPARED BY: Marcy Krumbine, Director of Housing and Human Services /-- <u- <D O;JO~ ,-00 10') jGJ __ ~ 0> a3Q)CO _~o.. -;5 ,,"" c GJ !l > w" ~eO , 0 0 <l:<(f-o g 0 , _ L.UI--Z- _ ffi "ww 0 . N w> Z W .~ " " m Z "" g>z. ",.5 0 ~~ -:ul\lt:: ~~E c u ,"' .' 0" 0 ~t ~ ~~ o u ~ , 'g -~ jj ~i3€ e ~,~ 01=" "'t'= gs:lll w ".0 ~~g o ~~-; w . " . ~~~ " <m . . " '0- ~ o .~ :lll'!~ ::J -~ g:g Z Z - .0 w lij<("' ' > ~~Ji ~ &:0."' e E' ~~g w<" Z ~~ W .0- ~j~ O~5 , ~ ~ ~~ ~ ~ ~ , ~.g,~ 0 " . fr <Cal- 0 "~ " " > m Z Z 0 0 0 0 0 0 w ~ C Z Z ~ Z W < " 0 " < ~ ~ " " I ~ ~ ~ ~ 0 0 0 ~ " " " " 0 w w w w . w " ~ Z Z Z Z 0 < w w " w Z " 0 0 0 " e e ~ ~t;; 0 0 ~ 0 0 00 0 w ~ ~ '0 ~ 0 0 0 m 0 Ww ~ 0 0 ~ 0 0 00 . 0 ~<t ~ ~ 0 ~ 0 J;j ~ ~ ~> ~ W < -- Oe e e e e e e Wz Z Z Z Z Z Z >< < < < < < < 00 ~ 0 0 0 0 0 "< < < < < < ~> > > > > > > w w ~e ~e ~e ~e ~e oZ oQ <0 <0 <0 <0 W <0 Ie zi=~ zi=o:: zi=1:i':' zi=a: w z+=o:: << <ze <Ie <Ze <Ze e <Ze ~Z mww mww ~~~ mww ~ mww wQ "0- ~~g ~~g "0- "w :)(fjal :)(fjal w :)iiial ow wo wo wo wo w wo eo "w "w "w "w "00 " , e . 00 w 0 . u 1 w Z EO ~:z " ," w e " Z z ~iQ ~lQ 0 w < > e in 0 < " W N " W => 0 0 > 0 " w w 0 b " 8 ~ ~ < , ~ ,0 "~ o- w- m w , " 6." ' " Nx " " " ~ o. N~ o~ 0 0 ~ g '" < 0 m ~ m ~ ~w 8 m 0 ~ 0 ~ 0 , " 00 ~ a N " M '" 0< 0 ~ ~ 0 w" n _ g 0 n N ~ " 0 , w ~ 0 0 0 0 0 0 0 ... . g i 0 0 0 0 " 0 ~ !'! 0 0 ... 0 ~ N '" 2 i ~ w ~ 0 ~ ~ g " ~ ~ " w " '" Z 0 0 Z '" 0 I I Ow W => " 5 < eo ~ ~ " , illg w w w ~ is " " '" m 0 ~ ~;:: 0 => 0 0 " < '" w < ~ >- I '" " " 0 0 " 0 0 z ZI'w _ :; 9r/)CJ N ~ ~ N N ~ ~ 0 eIZ 0 ~ ~ :J ~5~ ;t 0 W N '" e ~ " , Z W Z m * 0 e w & e < 0 w ~~ ow ~~~ Wo w , :;,>~~ . ~d " ~ 0 ~~ N<" ~:::15 I u" 0 ~ 00 < g I , 0 0 0 w u 0 . w - N " 0 0 " ~ , " " < , Agenda item r'~o. 8,L\ June 12, 2CJC!7 Page 4 of 6 RESOLUTION NO. 2007- A RESOLUTION OF THE BOARD OF CO\J]\;TY COMMISSIONERS OF COLLIER COUKTY, FLORIDA, MADE IN FURTHERANCE OF FLA. STAT. 9125.379, AND PERTAINING TO AN INVENTORY LIST OF ALL REAL PROPERTY WITHIN COLLIER COUNTY OWNED BY COLLIER COUNTY, THAT IS APPROPRIATE FOR USE AS AFFORDABLE HOUSING: PROVIDING AN EFFECTIVE DA TE. WHEREAS, Fla. Stat. 9125.379 provides as follows: "(1) By July 1, 2007, and every 3 years thereafter, each county shall prepare an inventory list of all real property within its jurisdiction to which the county holds fee simple title that is appropriate for use as affordable housing. The inventory list must include the address and legal description of each such real property and specify whether the property is vacant or improved. The governing body of the county must review the inventory list at a public hearing and may revise it at the conclusion of the public hearing. The governing body of the county shall adopt a resolution that includes an inventory list of such property following the public hearing. (2) The properties identified as appropriate for use as affordable housing on the inventory list adopted by the county may be offered for sale and the proceeds used to purchase land for the development of affordable housing or to increase the local government fund eannarked for affordable housing, or may be sold with a restriction that requires the development of the property as permanent affordable housing, or may be donated to a nonprofit housing organization for the construction of pennanent affordable housing. Alternatively, the county may othcT\vise make the property available for use for the production and preservation of pennanent affordable housing. For purposes of this section, the term "affordable" has the same meaning as in s. 420.0004(3);" and WHEREAS, an inventory list of all real property within Collier County to which the county holds fee simple title that is appropriate for use as affordable housing has been duly prepared; and .WHEREAS, this inventory list includes the address and legal description of each such real property and specifies whether the property is vacant or improved; and 'WHEREAS, The Board of County Commissioners has reviewed the inventory list at a duly noticed public hearing and has considered appropriate revisions to such list. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that in keeping with the requirements of Fla. Stat. 9]25.379, attached to this Resolution is an inventory list of all properties now owned by the County identified as appropriate for use as affordable housing, which property may be offered for sale and the proceeds used to purchase land for the development of affordable housing or to increase the local government fund earmarked for affordable housing, or which may be sold with a restriction that requires the development of the property as pennanent affordable housing, or which may be donated to a nonprofit housing organization for the construction of permanent affordable housing, or alternatively, which the County may make available for use for the production and preservation of penn anent affordable housing. BE IT FURTHER RESOLVED that this Resolution be recorded by the Clerk of Courts r Agenda Item No. SA June 12. 2007 Page 5 of 6 in the Public Records of Collier County, Florida. This Resolution adopted after motion, second and majority vote, this _ day of ,2007. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: JAMES COLETTA, CHAIRMAN Pag\: 1 of COLLIER COl''''TY h'J:;CD DF C;'UI~-'-'r C~J~"I/!SSIO'i~FcS Item Number: Item Summary: . ',j"(: ')1 , '" "mrv-' ;-.'h:.,,",nr", ').H'~y ~,UI11''''~SI "IHS f!'-'/[';.',' J:U:: !i-c', d:~,l;' 'J'] I~"r ~I,;' c' 1(1 OJ .11n;: r ;; E'~ tr "", (,", .1I1 n ilr; i~' "' 'J" il '{' s" 'J I" .. ~~c.r,I:'H "'9 -'iL", 1': If' 'i;,th - e" ~;" "ld;r" ~lr:,u," Meeting Date; ';',1 Prrpared By M<1rcy Krunlbine [-'''''~tor U<1le PlJtlj,,:$ervic{)s HOlJ<''''~l i'. Human Serv,~{)s "tn/2G0781404AM >\pprun'd By M,Y:yKrlJrnbitlf' ()""~(or Uate rublic$cr-v-,<:es Huu~itlg & HlJ'lI:m Serv,c,-,,, S23'2U07 244 PM Approved H}' .Jdll-q"tzk:JW !'5~',.1,"'\ CQunty -",t!onlf'I' [\lte C(Hltlt,'Mtc)F'ney :::C;Unly ;ctt,'rrkl- ~l'f,:" ~;r;;~1,'20[)7 1(1 4~ i\rt Appro\'~d II} c;,,,'n'nin<"'Y1dtl F',-' ren', /"lU'~,'t",., '~f."'. ,~""\ [',11" J"irrltlltSV;;t;II" "~"r'J:' F a c "1, C';; I.~,'j """.; __;' 'tl1 D, 2~','::(lG. 1; S 1 ,",1,- Appro\'l'd By ;-,_""f"f-.1;;t( F;('~: ""p~rt\ :;"IOG'-,-," ;JiIl" j:":'l"'WH'~t'vr. o:.c, ICes I' 0 (' , ,. ", r,~: '~'t' "11 <: 11: . , ~, i; ; 2'~;: "1/ .\ppro\'l'd B) ,,, ;C',' \"';ii;i,.",,~ c:;;n,,;L:r ~..' CIte nUb;,c S~r\';c('S ''''V~', N"J ;'" "'_';L(,', ;.-,. '::'~'[J; !: U:: "'~ \I'JHo,'~d B} 'tc.'''',';in,1! '_'> "I..-t('. ";1' (. (j LJ nl', ~:' <1 ":~ ::'fice "'~'GC "I '::0 ""O('cm~':l~ .s. I lJ'j(J"1 .-o,.-: : 0;;-: ,:':::~: ,,'I \ppro\'l'U II)' :"~,,-or . ,"', ilL"" """~. , -,' -,'I', H'''~;' , ., ;,.;' 'if I ,:.. '"~" -': 1'.'::'" -" ,-" "," ,<. ,I, ,,~ 'I,:" ~ 2:: ' \pl'ru\'('d R~ r,\;:',~C' ,;;T<j"''''"",I'; nq" ,; r.. r.,"'.~(' :'r:n,,,', :~''''~(:'' f ;'i,~._ ,., r,';" '0" """'.I':'\ . ~ .' (). ',r~ .\pproH'dll) ,:"",,,,- "];''''0' ,",5 "''''1 l':-' r Agenda Item No. 8B June 12, 2007 Page 1 of 123 EXECUTIVE SUMMARY PUDZ-2006-AR-I0698: A. Grover Matheney, Trustee, represented by R. Bruce Anderson esquire, of Roetzel & Andress, LPA and Margaret Perry, AICP, of WilsonMiller, Inc., is requesting a rezone from Planned Uuit Development (PUD) to Commercial Planned Unit Development (CPUD) for a project to be known as the Gaspar Station PUD. The subject property, consisting of 17,7 acres, is located on the south side of Immokalee Road (CR 846), approximately one quarter mile west of the 1- 75/1mmokalce Road, interchange, in Section 30, Township 48 South, Range 26 East, Collier County, Florida. OBJECTIVE: To have the Board of County Commissioners (BCC) review staffs rezone and PUD findings and recommendations along with the recommendations of the Collier County Planning Commission (CCPe) regarding the above referenced PUD to CPUD rezone petition and render a decision regarding the petition. CONSIDERA TlONS: The proposed CPUD, if approved, will allow for retail and service uses at a rate of 7,500 square feet per gross acre; office uses at a rate of 15,000 square feet per gross acre; and hotel/motel use at a rate of 26 units per gross acre. The CPUD allows for a mix of Interchange Commerical uses that are consistent with the GMP. The project is bordered by Juliet Boulevard on the east, then a WaJ-Mmi superstore; on the north by Immokalee Road, then a residential component of the Carlton Lakes project; to the west by two approximately nine-acre, undeveloped agriculturally zoned tracts; and to the south by lands within Livingston Lakes PUD, a residential project. Although there are no structures on site, there are water and sewer lines on the subject tract, and a portion of Juliet Boulevard is located on the site. The CPUD document and the Master Plan indicate the project will not have access directly to Immokalee Road; access to the site will be via Juliet Boulevard. No deviations from Land Development Code (LDC) requirements have been sought. The subject property was rezoned to PUD as the Stiles PUD in Ordinance 97-74, a copy of which is included in the application materials. The Stiles PUD was originally approved in Ordinance 86-58 on August 26, 1986, and that ordinance was repealed by another PUD rezoning by the same name that became effective on December 12, 1997. The petitioner sought to extend the PUD; however, that extension request, PUDEX-2004-AR-5296, which was submitted on January 28, 2004, was deemed withdrawn by staff due to inactivity on August 1, 2005. The time within which to seek approval for a PUD extension has now lapsed, so the petitioner was required to submit a new rezoning application pursuant to LDC Section 1 O.02.13.D.6.e that states: Any PUD developer who has not commenced development pllrsuant to the sllnsetting provisions set forth in section J OJ)2. 12 of this Code Hithin ten years or the original PUD approval date shall suhmit a new rezoning application. The petitioner is seeking the same llses and intensi!.)' that were approved in the Stiles PUD. Page 1 of 7 f\oenda Item !'~o. eB " J~ne 12, 2007 ?age 2 of 123 Unlike most PUD to PUD rezoning petitions, a strike-thru/underline formatted document is not included because this pctition is treated procedurally as if the subject propcrty was rezoning from any conventional zoning district to PUD. The existing Stiles PUD Ordinance 97-74 is not being "amended", nor is some language being replaced with new language. Ordinance 97-74 will be repealcd in its entirety if this petition is approved. However, the petitioner, as previously statcd, is seeking approval of the same uses that were approved in the Stiles PUD. FISCAL IMPACT: The PUD rezone, by and of itself, will have no fiscal impact on Collier County. There is no guarantee that the project, at build out, will maximize its authorizcd level of development, however, if the PUD amendment is approved, a portion of the existing land will be developed and the ncw development will result in an impact on Collier County public facilities. The County collects impact fees prior to the issuance of building pennits to help offset the impacts of each new development on public facilities. These impact fees are used to fund projects identified in the Capital Improvement Element of the OMP as needed to maintain adopted Level of Service (LOS) for public facilities. Additionally, in order to mect the requirements of concun'ency management, the developer of every local development order approved by Collier County is required to pay 50 percent of the estimated Transportation Impact Fees associated with the project. Other fees collected prior to issuance of a building pel111it include building permit review fees and utility fees associated with connecting to the County's water and sewer system. Finally, additional revenue is generated by applying ad valorem tax rates to applicable properties, and that revenue is directly relatcd to thc value of improvements. Please note that the inclusion of impact fees and taxes collected are for infol111ational purposes only; they are 1101 included in the critelia used by Staff and the Planning Commission to analyze this pctition. GROWTH MANAGEMENT IMPACT: Future Land Use Element (FLUE): The subject propeliy is designated Urban Commercial District, Interchange Activity Ccnter Subdistrict, Activity Center #4, as identified on the Future Land Use Map (FLUM) of the OMP. It is located within the Northwest TranspOliation Concun'ency Managcment Area (TCMA). The County has confirmed that the level of service critelia for the Northwest TCMA in thc LDC are being met; however, the final dctcl111ination of eoncun-ency will be done during the site development plan process. The Future Land Use Element (FLUE) of the OMP provides guidelines for Interchange Activity Centers. Comprehensive Planning staff analyzed those guidelines and believes this petition can be deemed consistent with the guidclines for the Interchange Activity Center. (The complete review memo trom Comprehensive Planning, dated December 4, 2006 was included as Exhibit "C" to the Collier County Planning Commission staffreport.) Transportation Element: TranspOliation Division Planning staff has reviewed this petition's Traffic Impact Statement (TIS) included in the application back-up material and the CPUD document to ensure the CPUD documcnt contains the appropriate language to address this project's potential traffic impacts, and to offer a recommendation regarding OMP Transportation Page 2 of? /\,genda ltem f\Jo. 88 June 12. 2007 Page 3 of 123 Element, Policies 5.1 and 9.3. Those policies require the review of all rezone requests with consideration of its impact on the overall transportation system, and specifically note that the County should not approve any request that significantly impacts a roadway segment already operating, and/or projected to operate, at an unacceptable level of service (LOS) within the five- year planning period unless specific mitigating stipulations are approved. The project was reviewed based on the current TIS guidelines and with rcspect to Policy 5.1 of the Collier County GMP Transportation Element. The project traffic was distributed on the adjacent roadway network and analyzed through project build-out with consideration given to the five- year planning period. The trips generated by the Gaspar Station CrUD, previously known as the Stiles PUD, are considered vested based on the project's prior contributions of right-of-way, and contributions toward the improvemcnts to the intersection of Immokalee Road and Juliet Boulevard. The Gaspar Station CPUD can be considered consistent with Policy 5.1 of the Transportation Element of tbe GMP, because the trips for this project arc already accounted for in the concurrency system. Although this CPUD is considered vested by Transportation Division Planning staf1~ the CPUD remains subject to operational analysis at the time of subsequent development order application. However, Transportation Division Planning staff finds this project to be inconsistent with GMP TranspOliation Element Policy 9.3 and current LDC requirements because the CPUD Master Plan does not provide an interconnection to the adjacent parcel to the west. Staff has stipulated an interconnection be provided to the abutting parcel to the west as a condition of approval. Conservation and Coastal Management Element: Pursuant to Objective 2.4 and Policies 2.4.1 and 6.5.1, an Environmental Impact Statement (EIS) was provided to staff for review. In accordance with Policy 6.1.1, 25 percent of the existing native vegetation shall be retained on- site and it has been set aside as preserve areas. The requirement for an EIS pursuant to Policy 6.1.8 has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2.1 and 6.2.2. In accordance with Policy 6.2.6, required preservation areas are identified on the CPUD Master Plan. GMP Conclusion: The GMP is the prevailing document to suppOli land use decisions such as this proposed rezoning to CPUD. Statf is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as pmi of the recommendation for approval, approval with stipulations, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a pOliion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is also consistent with GMP Transportation Element Policy 5.1 as previously discussed. However the petition, as cUlTently proposed, is not consistent with GMP Transportation Element Policy 9.3 whieh states, "The County shall require, wherever feasible, the interconnection of local streets between developments to facilitate convenient movement throughout the road network." The petitioner has not demonstrated that an interconnection is not feasible, but has olTered the argument contained in letters trom the agent dated January 8, 2007 and February 23, 2007; both letters have been included in the application packet. Staff provided an analysis of the agent's asseliions as part of the zoning analysis later in this report. Page 3 of7 .t'\genda item No. 88 June 12. 2007 Page 4 of 123 Based upon the staff analysis provided above, staff concludes the proposed uses and density may be deemed consistent with the goals, objectives and policies of the GMP, except staff concludes the petition should be deemed inconsistent with GMP Transportation Element Policy 9.3, unless language is added to the CPUD commitments to address the interconnection, and the petitioner revises the Master Plan to show an interconnection to the west. Staff has included specific stipulations as part of the overall recommendation. AFFORDABLE HOUSING IMPACT: This request contains no provisions to address the Affordable-Workforce housing demands that it may create. ENVIRONMENT AL ISSUES: Environmental Services staff has reviewed the petition and the PUD document to address any environmental concerns. The Environmental Advisory Council reviewed this petition as noted below. ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Advisory Commission (EAC) heard this petition on April 4, 2007, and voted unanimously to approve it with the following stipulation: The lake shape and final size will be detcrn1ined at the site development plan stage; however the lake must remain adjacent to the preserve area. COLLIER COUNTY PLANNING COMMISSION (CCpn RECOMMENDATION: The Collier County Planning Commission (CCPC) heard this petition on May 3, 2007; Commissioner Midney made a motion to approve the petition with the following stipulations: I. The PUD document shall be revised to include the EAC stipulation that the configuration, i.e., shape and size and the location showing the lake adjacent to preserve shall be retained; and 2. The developer must provide an interconnection to the parcel to the west; and 3. Certificates of Occupancy shall not be issued until the cloverleaf on 1-75 is open. Commissioner Strain seconded the motion. Commissioners Adelstein, Strain, Midney, Kolflat voted in favor of the motion. Those commissioners voting in support of the motion stated concerns that this project would place an undue burden upon the sUll'Ounding roadway network. Commissioners Tuff, Vigliotti, Schiffer and Murray voted against the motion. Those commissioners who voted against the motion indicated that they had concerns about including the stipulation requiring 1-75 cloverleaf improvements because the developer has no control over those improvements, noting that the improvements may not be made at all. Donna Reed Caron was absent that day. The CCPC voted 4 to 4 on the motion thus there is no recommendation from the CCPC to the Board. The petitioner has not revised the PUD document to include CCPC stipulation because there was no final recommendation. Because the CCPC vote was not unanimous, this petition cannot be placed on the summary agenda. Page 4 of 7 Agenda Itern No. 88 June 12, 2007 Page 5 of 123 LEGAL CONSIDERATIONS: This is a site-specific rezone from the Planned Unit Development Zoning District to the Commercial Planned Unit Development Zoning District for a project known as Oaspar Station CPUD. Site-specific rezones are quasi-judicial in nature. As such the burden falls upon the applicant for the rezone to prove that the proposed rezone is consistent with all of the criteria set fmih below. The burden then shifts to the BCC, should it consider denial, that such denial is not arbitrary, discriminatory or unreasonable. This would be accomplished by finding that the proposal does not meet one or more of the listed criteria. Criteria for PUD Rezones Ask yourself the following questions. The answers assist you in making a determination for approval or not. 1. Consider: The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, sUlTounding areas, traffic and access, drainage, sewer, water, and other utilities. 2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or other instruments or for amendments in those proposed, particularly as thcy may relate to alTangements or provisions to bc made for the continuing operation and maintenance of such areas and facilities that are no/ to be provided or maintained at public expense? Findings and recommendations of'this nj,e shall be made only afia conslIltation "ith the cOllnty attorney. 3. Consider: Confornlity of the proposed PUD with the goals, objectives and policies of the OMP. 4. Consider: The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and scrcening rcquirC111cnts. 5. Is there an adequacy of usable open space areas in existence and as proposed to serve the development? 6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring the adequacy of available improvements and facilities, both public and private. 7. Consider: The ability of the subject property and of sun'ounding areas to accommodate expansIOn. 8. Consider: Confornlity with PUD regulations, or as to desirable modifications of such regulations in the particular case, based on deternlination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations. ,,"' 9. Will the proposed changc be consistent with the goals, objectives, and policies and future land use map and the clements of the OMP? Page 5 of 7 Agenda Item No 85 June 12, 2007 Page 6 of 123 10. Will the proposed PUD rezone be appropriate considering the existing land use pattern? 11. Would the requested PUD rezone result in the possible creation of an isolated district unrelated to adjacent and nearby districts? l2. Consider: Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. 13. Consider: Whether changed or changing conditions make the passage of the proposed amendment necessary. 14. Will the proposed change adversely influence living conditions in the neighborhood? 15. Will the proposed change create or excessively increase traffic congestion or create types of traffic deemed incompatible with surrounding land uses, because of peak volumes or projected types of vehicular traffic, including activity during construction phases of the development, or otherwise affect puhlic safety? 16. Will the proposed change create a drainage problem? 17. Will the proposed change seriously reduce light and air to adjacent areas? 18. Will the proposed change adversely affect property values in the adjacent area? 19. Will the proposed change be a deterrent to the improvement or development of adjacent property in accordance with existing regulations? 20. Consider: Whether the proposed change will constitute a grant of special privilege to an individual owncr as contrasted with the public wclfare. 21. A,re there substantial reasons why the property cannot ("reasonably") be used in accordance with existing zoning? (a "core" question...) 22. Is the change suggested out of scale with the needs of the neighborhood or the county? 23. Consider: Whether it is impossible to find other adequate sites in the county for the proposed use in districts already pennitting such use. 24. Consider: The physical charactelistics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. 25. Consider: The impact of development resulting fi'om the proposed PUD rezone 011 the availahility of adequate puhlic facilities and services consistent with the levels of service adopted in the Collier County GMP as defined and implemented through the Collier County Adequate Public Facilities Ordinance [Code ch.l 06, mi. II], as amended. Page 6 of 7 .Agenda Item l"Jo. BB June 12 2007 Page 7 of 123 26. Are there other factors, standards, or criteria relating to the PUD rezone request that the BCC shall deem important in the protection of the public health, safety, and welfare? The BCC must base its decision upon the competent, substantial evidence presented by the written materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies, letters from interested persons and the oral testimony presented at the Board of County Commissioners hearing as these materials related to these criteria. RECOMMENDATION: Staff recommends that the Board of County Commissioners approve Petition PUDZ-2006-AR- 10698 subject to the staffrecommendation that the petitioner must provide an interconnection to the property located west of the site. PREPARED BY: Kay Deselem, AICP, Principal Planner Department of Zoning and Land Development Review ~ "...... Page 7 of7 Item Number: Item Summary; Meeting Date: Page I of 1 "pc C'",; Ikm No, 88 12.2007 01,23 COLLIER COUNTY BOARD OF C.OUNTY 801Mli11SSJONERS ?B ~. n:s It(;: -, :G :Je hiCWC ilt ~ [i' DC :'IIS It"m r'(,Jldrc': :hfHdii :)artIGlr-'illlt~ tw "WDrn In and ",x Gi'ne d,s;' ')SUfe b'" or(\vlded by Cumrnr%,o(; members PU~JZ..2C'DC-i\R-10698 A Grover Mcltilelley, TI US'e!, 'epresentE<d by R Bruce illldcrson eS[ll);re. [l' r-io,,:::el & A,'l(jress U'A ",de I\ilargillfd Perry Ale"', oi VVrlsQnljiilier, Inc. IS reql)ijstil~g a rSC:O'le from Plal,ned Unit Cpveie>p'-'lem {PLD: to CDrfll1lercia' r';"rll1ed 1I1111 DevelopnH,nt iC;F'UC fOI a pruject to l)e "I\Own ace Ilw '::;aspw' ~.;tdt'OI" PUC Thc' SJ:J.lect r>r'<:!tIer-t), cmslstillg of 1, ,1<:res, is located [!'; the sOiJth Si;J6 of immok<1lee Road (C~ [',<16;, af'p;oxlme;:ety om, qUi-jrte' rYliie "'85t of the t- 'c:,,'lrnrnokalee RIlIJC Interchange, Irl SeetIOl', 30. Town~'tlIL' 4G SCLJ(h F,ilnge 2C Las! CO!!ler C-OL;llt;"lllrlda (il12/2:J079.0C:JOt.,M Dille Prepared By Kay D'lselem AICP Community [jevetopment& EnliironmentalSorv;ces PnncipalPI"nner Zoning & Land Development Review 5/21:20078,45:03 AM Dute Appruved By Mnricne Stewnrl E~"'cutivl' Secretary 5/21/2007 12c25 ;~M ApprnnOdB)' Comr11lmity OeH'iopmcnt & Community Devl)lopmell & Environmom,,1 Serviens EIl",;ronml.:'nlal Service,;hdrnin Jud\-Pulg O""r"li,,,,,, fl.n~I\,51 DJle Commullity Deve--lrJpmnnt;::' Community Devetopment & EI'v,r0n,ncnlJrS{,rv!:OSI\dmin S/21i2007122(l:'M En'JiconmentaISer':ic"S Date Approved By l\iOHH E. F(,<J~r, AiCP 1r,>IlSp'Jnil[rf'n S"'vrc-:,,s 1ransportH\r0'1L"v"."onf,Urn",rgtriJ\o,- r ra""lwrtat;on S",rv ica~; f, d'n I rl ';!22'20G71t'2,'i,M [late Aprrll\'t'd By Rily5,.-II"'M, C0'llmunity Ue'Jel"pmnn1 &. E.nv'''J1l'm-,nt~IS0rvj Cill"'! Pla""or ?i'nin\)& L,mdrnvelopnwltPev,ow s:n/;'()()72cl.",pi,t D~te f\pprovcd By r'J;ck C",.,~.IJn\T"ida TrilnHK,r!n!!()nSe(v,ccs Mt'Q [)"Fct')r T(~ns,,<!ct,ltrO'" PI""'Hng 5;~~:2Cl()7 :1.:'0 pr,; ~)Jte ApprondH)' r,1Jrj(>[i,. /,1. S1"'t~n' Stirl,ng A~s",t"nl C".unly I\tic'w~y ;:n/2007 j~10F'''' Appro\'ed Hy C[)(Jl1ty l<Ttnnwy Cco""tyAtt'''I1''I'C'H,ec SUSM. r,ourr.l','. A:C;P Cotnnwn'wDt,,/t'loprncnt& E"viroll~,,-,pt~1 Se'viCCb Z"l'1ing& Lane! Df'vcc--hpmeno f)ir",c:or Dote 20r""g & l._'lldOevc,loprcrcni R",''''''' ~i23:::'007 409 pr.' Apllro"ed By Josepl', K. Sell",.tt C,,;nrnun'ti Dev"iopnlent& En'o;conrncnt~r SC. ;IO"~ !-\0mlnstrJ..tor Ddte Cmmn"rdtv Dev"lopment & C:'>Inrnunit-,.- [)~\!cic'pmenl &.. E.nv'mnm~nti,1 Se,-'"oI'S 4drnll'l Si25:::'()07 12 no P'~ tollc"rOrlrr",maiSerlilCCS LJi1te Approved By ~_H~iJ Coor;iin:J!o, County PJ.1"[),;;wr ':lff,c"" Cli,,;'] C(}orc'n~tnr Oft!r.f'01 ~hn<lgorncnl & 8wtlg"t 5i~"i2(r07 3 S2 PM L;Dte Approved By Mar~ 11>,10"500 County MJnaocf~ nffir.e bu,tger Hewlist Of"'-,,, of MJr,Jgcment & AllciW=t f;i~,2007 503 rOM Linte Approved II)' JilmesV. Mudd 80artiof Cowlly Cornlllr5~1()n<"'5 County MJ<1~gm C.ouply M~n"ger'5 Office C!4/2007 5::'(", PM ,l.,Jenda item ~~o. 88 ,. ..June ~2. 2007 Page g of 123 CollJ~r County ~ '-- ~, --4 STAFF REPORT COLLIER COUNTY PLANNING COMMISSION FROM: DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION HEARING DATE: MAY 3, 2007 SUBJECT: PUDZ-2007-AR- I 0698; GASPAR STATION COMMERCIAL PLANNED UNIT DEVELOPMENT (CPUD) PROPERTY OWNER/AGENT: APPLICANT: AGENTS: A. Grover Matheney, trustee 2351 SW 37''' Ave, Apt 11112 Miami, FL 33145 R. Bruce Anderson. esquire Roetzel & Andress, L.P.A. 850 Park Shore Drive. 3,d Floor Naples, FL 34103 Margaret Pen)', AICP WilsonMiller 3200 Bailey Lane, Suite 200 Naples, FL 34105 REQUESTED ACTION: The petitioner requests that the Collier County Planning Commission (CCPe) consider a rezone of the subject site li'Oln the Stiles Planned Cnit Development (PUD) to a new Commercial Planned Unit Development (CPUD) to be known as the Gaspar Station CPUD. GEOGRAPHIC LOCATION: The subject propeliy, consisting of 1 7.7c!c acres, is located on the south side of hnmokalee Road (CR 846). approximately one quarter mile west of the l-75/lmmokalee Road interchange, in Section 30, Township 48 South, Range 26 East, Collier County, Florida. (See location map on a following page) PURPOSEIDESCRIPTION OF PROJECT: The proposed CPUD. if approved, will allow for retail and service uses at a rate of 7,500 square feet per gross acre; ol1ice uses at a rate of 15.000 square feet per gross acre; and hotel/motel use at a rate of 26 units per gross acre. The CPUD allows for a mix of Interchange Commerical uses that is consistent with the Growth Management Plan (GMP). The project is bordered by Juliet Boulevard on the cast. tben a Wal-Mart superstore; on the north by lmmokalee Road, then a residential component of the Carlton Lakes project; to the west by two approximately nine-acre, undeveloped agriculturally zoned tracts; and to the south by lands within Livingston Lakes PUD, a residential project. Although there are no structures on site, there are water and sewer lines on the subject tract, and a pmiion of Juliet Boulevard is located on the site. The CPU D document and the Master Plan indicate the project will not have access directly to Immokalee Road; Gaspar Station PUD, PUDZ-2006-AR-10698 Staff Report May 3, 2007 CCPC Page 1 of 12 r .I\genda Item No. 88 June 12, 2007 Page 10 of 123 access to the site will be via Juliet Boulevard. No deviations from Land Development Code (LDC) requirements have been sought. The subject property was rezoned to PUD as the Stiles PUD in Ordinance 97-74, a copy of which is included in the application materials. The Stiles PUD was originally approved in Ordinance 86-58 on August 26, 1986, and that ordinance was repealed by another PUD rezoning by the same name that became effective on December 12, 1997. The petitioner sought to extend the PUD; however, that extension request, PUDEX-2004-AR-5296, which was submitted on January 28, 2004, was deemed withdrawn by staff due to inactivity on August I, 2005. The time within which to seek approval for a PUD extension has now lapsed, so the petitioner was required to submit a new rezoning application pursuant to LDC Section 10.02.l3.D.6.e that states: Any PUD developer V.-!1O has not commenced development pllrsllanl to the sUllsetting provisions set forth in section lOJJ2.12 of this Code within ten years of the original PUD approval date shall submit a new rezoning application. 77w petitioner is seeking the same llses and intensity that were approved in the Stiles PUD. Unlike most PUD to PUD rezoning petitions, a strike-thru/underline fonnatted document is not included because this petition is treated procedurally as if the subject property was rezoning from any conventional zoning district to PUD. The existing Stiles PUD ordinance (97-74) is not being "amended", nor is some language being replaced with new language. Ordinance 97-74 will be repealed in its entirety if this petition is approved. However, the petitioner, as previously stated, is seeking approval of the same uses that were approved in the Stiles PUD. ~ trfi' 11 : ~,flt~ .....If'-;'" '.' ,':','1: , r .~";:r';i' Aerial Photo (subject property outline is approximate) Gaspar Station PUD. PUDZ-2006-AR-l0698 Staff Report May 3, 2007 CCPC Page 2 of 12 l\.aencia Item No. 88 '-' June 12.2007 Page 11 of 123 SURROUNDING LAND USE AND ZONING: North: Immokalee Road, then Lakeview at Carlton Lakes, a developed, residential, multi-family project approved at a density of 3.35 units per acre within the residential portion of Carlton Lakes PUD, with a PUD zoning designation East: Juliet Boulevard, then Wal-Mart superstore, part of the Donovan Center PUD, with a PUD zoning designation South: A portion of the developing Livingston Lakes PUD, a residential, multi-family project approved at 7 units per acre, with a zoning designation of PUD West: two undeveloped, approximately nine-acre tracts (both controllcd by the same entity) with an Agricultural zoning designation GROWTH MANAGEMENT PLAN CONSISTENCY: Future Land Use Element: The subject property is designated Urban Commercial District, Interchange Activity Center Subdistrict, Activity Center #4, as identified on the Future Land Use Map (FLUM) of the Growth Management Plan (GMP). It is located within the Northwest Transportation ConcUlTency Management Area (TCMA). The County has confil111ed that the level of service criteria for the Northwest TCMA in the LDC are bcing mct; however, the final detel111ination of concun'ency will be done during the site development plan proccss. The Future Land Use Element (FLUE) of the GMP provides guidelines for Interchange Activity Centers. Comprehensive Planning staff analyzed those guidelines and bclieves this petition can be deemed consistent with the guidelines for Interchange Activity. (The complete review memo from Comprehensivc Planning, dated December 4, 2006 is ineluded as Exhibit "C." Transportation Element: Transp0l1ation Planning staff has reviewed this petition's Traffic Impact Statement (TIS) included in the application back-up material and the CPUD document to ensure the CPUD document contains the appropriate language to address this project's potential tramc impacts, and to ofTer a recommendation regarding GMP Transportation Element, Policies 5.1 and 9.3. Those policies require the review of all rezone requests with consideration of its impact on the overall transportation system, and specifically note that the County should not approve any request that significantly impacts a roadway segment already operating, and/or projected to operate, at an unacceptable level of service (LOS) within the fivc-year planning peliod unless specific mitigating stipulations are approved. The project was reviewed based on the cun'ent TIS guidelines and with respect to Policy 5.1 of the Collier County GMP Transportation Elemcnt. Thc project tramc was distributed on the adjacent roadway network and analyzed through project build-out with consideration given to the five-year planning period. Thc trips generated by the Gaspar Station CPUD, previously known as the Stiles PUD, are considered vested based on the project's prior contributions of right-of-way, and contributions toward the improvements to the intersection of Immokalee Road and Juliet Boulevard. The Gaspar Station CPUD can be considered consistent with Policy 5.1 of the Transp011ation Element of the GMP, because the Gaspar Station PUD, PUDZ-2006-AR-l0698 Staff Report May 3, 2007 CCPC Page 3 of 12 , Agenda Item No. 88 .June 12,2007 Page 12 of 123 trips for this project are already accounted for in the concurrency system. Although this CPUD is considered vested by Transportation Planning staff, the CPUD remains subject to operational analysis at the time of subsequent development order application. However, Transportation Planning staff finds this project to be inconsistent with GMP Transportation Element Policy 9.3 and current LDC requirements because the CPUD Master Plan does not provide an interconnection to the adjacent parcel to the west. Staff has stipulated an interconnection be provided to the abutting parcel to the west as a condition of approval. Conservation and Coastal Management Element: Pursuant to Objective 2.4 and Policies 2.4.1 and 6.5.], an Environmental Impact Statement (E]S) was provided to staff for review. ]n accordance with Policy 6.1.], 25 percent of the existing native vegetation shall be retained on-site and it has been set aside as preserve areas. The requirement for an E]S pursuant to Policy 6.].8 has been satisfied. Jurisdictional wetlands have been identified as required in Policies 6.2.] and 6.2.2. ]n accordance witb Policy 6.2.6, required preservation areas are identified on the CPUD Master Plan. GMP Conclusion: Tbe GMP is the prevailing document to support land use decisions such as this proposed rezoning to CPUD. Staff is required to make a recommendation regarding a finding of consistency or inconsistency with the overall GMP as part of the recommendation for approval, approval with stipulations, or denial of any rezoning petition. A finding of consistency with the FLUE and FLUM designations is a portion of the overall finding that is required, and staff believes the petition is consistent with the FLUM and the FLUE as indicated previously in the GMP discussion. The proposed rezone is also consistent with GMP Transportation Element Policy 5.1 as previously discussed. However the petition, as currently proposed, is not consistent with GMP Transportation Element Policy 9.3 which states, "The County shall require, wherever feasible, the interconnection of local streets between developments to facilitate convenient movement throughout the road network." The petitioner has not demonstrated that an interconnection is not feasible, but has offered the argument contained in letters from the agent dated January 8, 2007 and February 23, 2007; both letters have been included in the application packet. StafT provided an analysis of the agent's asseJiions as part of the zoning analysis later in this report. Based upon the staff analysis provided above, staff concludes the proposed uses and density may be deemed consistent with the goals, objectives and policies of the GMP, except staff concludes the petition should be deemed inconsistent with GMP Transportation Element Policy 9.3, unless language is added to the CPUD commitments to address the interconnection, and petitioner revises the Master Plan to show an interconnection to the west. Staff has included specific stipulations as part of the overall recommendation. ANALYSIS: Staff completed a comprehensive evaluation of this land use petition and the criteria upon which a favorable detemlination must be based. These criteria are specifically noted in Sections] 0.02.13 and I 0.02.l3.B.5 of the LDC and required staff evaluation and comment. The staff evaluation establishes a factual basis to suppOli the recommendations of staff. The CCPC uses these same criteria as the basis Gaspar Station PUD, PUDZ-2006-AR-l0698 Staff Report May 3, 2007 CCPC Page 4 of 12 ,L'i.genda Item [\)0. 88 ..June 12. 2007 Page 13 of 123 for their recommendation to the Board of County Commissioners (BCC), who in turn use the criteria to support their action on the rezoning request. These evaluations are completed as separate documents and are attached to the staffreport (See Exhibits "A" and "B"). Environmental Review: Environmental Services staff has reviewed the petItIon and the CPUD document to address any environmental concerns. The subject property consists of approximately l7.7 acres of which approximately 16.3 acres contains native vegetation. The Juliet Boulevard easement accounts for approximately l.4 acres, Icaving 16.3 acres of developable property. Wetland areas consist of 0.4 acres of Cypress-Pine-Cabbage Palm, of which cxotic vegetation comprise 25 to 49 percent (FLUCFCS 624E2). There are approximately 14.25 acres of Pine Flatwoods with Palmetto Understory, 0.70 acres Pine Flatwoods with Graminoid Understory, (Exotics 25 to 49 percent), and 0.40 acres of Cypress-Pine-Cabbage Palm (Exotics 25 to 49 percent). Fifteen percent of native vegetation on the site must be preserved. Therefore, approximately 2.4 acres of native vegetation are required to be prcserved on the site: (l6.3 x .15 = 2.4). The prcserve will connect to the Livingston Woods PUD preserve to the south. There are approximately 0.4 acres of SFWMD jurisdictional wetlands on the site. The SFWMD perfol111ed an infonnal wetland detennination on August 9, 2002. Wetlands on the site are low quality in function and are proposed for impacts by the proposed development. The presence of Immokalee Road and associated canal, 1-75 and surrounding development has altered the hydrology of the site. The wetlands have also been impacted by varying levels of exotic plant infestation of primarily melaleuca and Brazilian pepper. Evidence of wildlife utilization on the site was minimal during site inspections. The site is not currently inhabited or utilized by endangered or threatened species or by species of special concern. There is a potential for the Big Cypress fox squin'Cl and the Eastel11 Indigo snake to utilize the site. A Big Cypress fox squirrel management plan and an Eastel11 indigo snake management plan have been prepared and are included in the EIS. This petition was heard by the Environmental Advisory Council (EAC) on April 4, 2007. The recommendation fi'om the EAC is provided later in this report. The stafT repo11 prepared by Environmental statIto that body is attached as Exhibit D. TrWls!>ortat;ol1 Review: Transportation Department staff has reviewed the petItron and the CPUD document and Master Plan for right-oj~way and access issues. As noted in the GMP analysis, Transp0l1ation Planning staff recommends that this project be found inconsistent with the GMP unless an interconnection to the west is provided. The Board of County Commissioners, in other petitions located proximate to the Immokalee Road/I-75 interchange, has asked to be provided with a status report of that interchange improvement time table. At this time, no til111 date for the completion of planned 1-75 interchange improvements has been provided to County Transp0l1ation Planning staff Interchangc improvements are incorporated into the widening ofI-75, and the budget and timeline for the project are controlled by Florida Depar1ment of Transp0l1ation (FOOT). Utilitv Review: This project is located within the Collier County Water-Sewer District Boundary. Any portions of this CPUD to be developed would be required to comply with Ordinance 2004-31, as it may be amended. The project is subject to the conditions associated with a Water and Sewer Availability Letter from the Collier County Utilities Division at the time SOP. According to Collier County Gaspar Station PUD, PUDZ-2006-AR-10698 Staff Report May 3, 2007 CCPC Page 5 of 12 r Agenda Item I~o. 88 June 12, 2007 Page 14 of 123 Graphic Information System (GIS) information, a 20-inch water transmission main is located along Immokalee Road, as is a 20-inch sewer transmission main. Emerzencv Manazement: The Emergency Management Department has no issues with this CPUD. The Gaspar Station CPUD is located in a CAT 3 hurricane surge zone and requires evacuation during some hurricane events. Zoning Review: As illustrated in the aerial photograph located on a previous page of the staff report, the surrounding zoning discussion of this staff report, and the Master Plan, the site is bordered by Juliet Boulevard on the east, then a Wal-Mart superstore; on the north by Immokalee Road, then a residential component of the Carlton Lakes project; to the west by two, approximately nine-acre, undeveloped agriculturally zoned tracts controlled by one owner; and to the south by lands within Livingston Lakes PUD, a residential project. The project's location within the GMP FLUE/FLUM Urban Commercial District, Interchange Activity Center Subdistrict, Activity Center #4 allows "the full array of commercial uses, residential and non- residential uses, institutional uses, hotel/motel uses . . . and industrial uses [limited] . .. in the southwest quadrant. . . of Interchange Activity Center #4." Mixed Use Activity Centers, (a category that includes Interchange Activity Centers) are ". . . designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development and to create focal points within the community." Commerical uses at this site are appropriate. Given the smaller size of the parcel, thc development intensity will be limited to some extent by LDC requiremcnts such as water management, parking, open space/preserve and buffering requirements. However, an interconnection to the west is an integral element to the Activity Center's smooth operation. As noted above, Activity Centers were established "to avoid strip and disorganized patterns." Activity Centers are designed to provide commercial services to support the surrounding residential areas, which should occur with the proposed CPUD. The residential projects along the south side of lmmokalee Road could benefit from the proximity of the commercial services this CrUD will provide, and those residential projects should be afforded the safest access to the site, which, in staffs opinion, would be an interconnection to the west. Zoning staff believes the interconnection to thc west should be provided on the Master Plan in compliance with LDC Section 4.07.02 J.4--Design Standards for Planning Unit Developments, which states: The interconnection of collector and local streets within the PUD to adjacent lands or developments shall be required except where determined by the County Manager or designee that an interconnection is not feasible or warranted due to existing development patterns, transportation network needs, or the like. At the zoning stage, a notation on the Master Plan and a commitment in the CPUD document are all that needs to be provided. The actual configuration or location of the interconnection need not be detennined. It is important to maintain the intcgrity and capacity of Immokalee Road by combining access points and dirccting traffic to signals when possiblc. I f the Gaspar Station project provides an interconnection to the west, the traffic from the westcrly tract could then access the signal at Julict/Strand Boulevard and Immokalee Road as shown on the next page. Gaspar Station PUD, PUDZ-2006-AR-1 0698 Staff Report May 3. 2007 CCPC Page 6 of 12 ,~genda Item No. ,38 .Julle 12, 2007 P3ge 15 of 123 Currently there are two, approximately nine-acre tracts under common ownership located to the west of the Gaspar Station CPUD. The parcels are zoned Agricultural, however given the parcels' Urban Residential FLUM designation, it is not likely that agricultural uses will be pursued in the future. In all likelihood, the tracts will be the subject of a rezoning to either RPUD or a conventional residential zoning district. The parcels on the west of the two nine acre tracts are already zoned and devcloped with multi-family dwelling units in the Eboli PUD (Ordinance 97-23) at a density of8.92 units per acre and the April Circle PUD (Ordinance 89-76) at a density of 12.84 units per acre. Thus it is reasonable to assume that thc two, nine-acre tracts will ultimately seek rezoning to allow similar uses. The Eboli PUD was required to provide an access easemcnt along the lmmokalee Road frontage for the nine-acre parcel to the east of the Eboli PUD. A copy of the Mastcr Plan for Eboli PUD is attached as Exhibit "E." The access eascment has bccn rccorded and is provided as Exhibit "F." That nine-acre tract is the westemmost half of the two, nine-acre tracts abutting the Gaspar Station CPUD. The aerial photo on the previous page shows the Eboli PUD interconnection. The aerial photo shows how the interconnections through the two, nine-acre tracts could interconncct through the Gaspar Station CPUD to gain access to the traffic signal at Juliet Boulevard. Staff believes it is more appropriate to provide residents living along the south side of lmmokalee Road between this project and Livingston Road an opportunity to access the commcrcial uses within the Gaspar Station project without requiring vehicles to go onto lmmokalce Road only to make a right tum within a Sh0l1 distance. Vehicles accessing Immokalee Road then immediately tuming right could cause confusion for dlivers of following vehicles as such a quick tum again might be unexpected. A westerly interconnection would be safer and preserve the traffic volume on lmmokalee Road for longer destination trips. The petitioner's letters (cited previously and included in the application materials) contend that, "The comprehensive plan guidance that encourages interconnections (of local streets) has already been accomplished through the joint participation of f,'ur PUD developments." Staff assumes the reference made is related to the interconnections shown on the Master Plan for the Donovan Center PUD and the Gaspar Slation PUD, PUDZ-2006-AR-l0698 Staff Report May 3, 2007 CCPC Page 7 of 12 r ,1\genda Item No. 88 June 12 2007 Page 16 of 123 Livingston Lakes PUD for Juliet Boulevard. While staff understands the petitioner's position, the fact that interconnections have been provided to the east do not obviate the need to provide interconnections to the west. The petitioner also asserts that an interconnection to the west should not be provided because it ". . . would be financially and fimctionally damaging to the site plan, in that land would be lost to the reservation of a roadway R/W (whether ever built or not) that would otherwise be available for the intended use. T1>e site has already lost valuable land as a direct result of the expansion of Jmmokalee Road (twice) and to the joint access roadway." The participation in access improvements to serve this project and the neighboring projects were development commitments agreed to by the petitioner as part of the Stiles PUD rezoning (See Ordinance 97-74, Section PUD 4.6). That PUD was not developed within the time allotted; therefore, Immokalee Road has been widened twice since that PUD was approved in 1997. Furthermore, the petitioner did not develop the Stiles PUD within the timeframe allotted in the LDC, thus that PUD sunsetted. Because the project's approval date exceeded 10 years, (the Stiles PUD was originally rezoned to PUD in Ordinance 86-58). The project was required to submit an entirely new rezoning petition, thence subjecting the project to further scrutiny in compliance with today' s regulations. Ordinance 86-58 also included development commitments and project descriptions indicating (PUD Section 4.01.C.2) "The developer (of the Stiles PUD) would make fair contributions toward the capital cost of a traffic signal at the project entrance when deemed warranted by the County Engineer." The PUD language "highly recommended" that the developer provide an extension of the median opening on Immokalee Road serving Regency Village, which is now known as the Pelican Strand PUD. In Section 4.0l.E of Ordinance 86-58, the following is stated: "To comply with the intent of the Comprehensive Plan, the petitioner agrees to meet the following criteria: . . . 2) To provide an integrated site plan which provides for integrated development of the parcel and its relationship to sUlTounding land.. . .." In staffs opinion, it is inappropriate for the petitioner to argue that previous commitments obviate the need to comply with current standards. The petitioner has recorded a document entitled, "Declaration of Covenants, Conditions, Easements and Restrictions" has been recorded in the official records of Collier County that states: "Southern Strand Boulevard [now known as Juliet Boulevard] shall remain private and shall not be dedicated to public use. Use of Southern Strand Boulevard shall be limited to use by the Stiles PUD, Donovan PUD and Breezewood PUD, and Southern Strand Blvd. shall not interconnect, either directly or indirectly to any external road other than Immokalee Road." The applicant asserts that he therefore, cannot interconnect to the propeliy to the wcst because to do so would be in violation of the declaration. Statf believes it is appropriate to require the interconnection to the west and has included that as a stipulation of approval, recommending that the project be deemed inconsistent with the GMP and not in compliance with the LDC unless the interconnection is provided. Staff does not believe the petitioner has proven "that an interconnection is not feasible or warranted due to existing devclopmen/ patterns. trallSj7ortation network needs" in compliance with LDC Section 4.07.02 JA--Design Standards for Planning Unit Developments. The development standards contained in Section III of the CPUD document retlect a design approach similar to what was approved in 1997, except the petitioner has added setbacks to the preserve areas and showed the location of the preserves on the Master Plan. Gaspar Station PUD, PUDZ-2006-AR-l0698 Staff Report May 3. 2007 CCPC Page 8 of 12 Agenda Item I'Jo SB ,JL;ne 12, 2007 Page 17 of 123 FLUE Policy 5.4 requires new land uses to be compatible with the surrounding area. Zoning and Land Development Review staff reviews for compliance with this requirement as part of the review of the petition in its entirety. The typical compatibility analysis would include a review of both the subject proposal and surrounding or nearby properties as to allowed use intensities and densities, development standards (building heights, setbacks, landscape buffers, etc.), building mass, building location and orientation, architectural features, amount and type of open space and location, traffic generation/attraction~ etc. The adjacent tract to the east is developed as a Wal-Mart superstore; the parcel to the south (outside the Interchange Activity Center) is developing with residential uses (Livingston Lakes PUD); the parcels to the west, as noted above are agriculturally zoned and undeveloped at this time but within an Urban GMP FLUM designation; to the north is Immokalee Road and then residential uses within two PUD- zoned projects. The preserve area shown on the Master Plan for Gaspar Station will "buffer" the commercial uses of Gaspar Station from the residential uses within Livingston Lakes PUD. The preserve area has been shown at this location to coincide with the preserve area provided on the Livingston Lakes PUD. The Stiles PUD preserve area location was a disputed issue during the review of an application to extend the PUD (PUDEX-2004-AR-5296). Staff advised the petitioner's agent that staff would not support a request for an extension, believing that an extension would not be appropliate because the PUD and its Master Plan would not be in compliance with LDC Section 10.02.] 3.D.6.b.i. and ii. that state: Approval o( WI extcnsion shall bc based on thc fiJlhming: i. 17,C PUD and thc mastcr plan is consistcnt lIith thc currcnt growth managcmcnt plan including, hut 1lOt limited to, dCI1.\'iry', intcl1si(V and concurrency rcquircmcnt.v: ii. 771C approved dcvelopmcn/ has not hecomc incompatihle with cxisting and propused uses ill the surrounding urea as the result (~l dCl'e!opmcnl apprrJl'als issued subsequent to the original approval (!('lhe PUD ::ol1ing:. Current environmental standards would require the preserve areas to be depicted on the Master Plan. Such was not case when the PUD was approved. Additionally, the Master Plan approved with Ordinance 97-74 indicated that the land to the south was zoned agriculturally and was undeveloped. Livingston Lakes PUD was rezoned from that agricultural zoning district to PUD in Ordinance 99-] 8 on February 23, 1999 to allow for a maximum of 327 multifamily dwelling units. Staff was concerned about the compatibility of the two projects. Additionally, Livingston Lakes PUD Master Plan shows a preserve area abutting the Stiles PUD. CUlTent LDC standards require preservation areas to be set aside in a contiguous fashion when possible. The Stiles PUD Master Plan did not accommodate that standard. That PUD extension request was deemed withdrawn by stafT due to inactivity. The Master Plan, showing the required preserve area eontiguous to the preserve area of the Livingston Lakes PUD, resolves staffs concerns about the residential and commercial incompatibility. Therefore, staff believes the proposed use is compatible with the neighborhood and thus consistent with GMP Policy 5.4. NEIGHBORHOOD INFORMATION MEETING (NIM): The agent/applicant duly noticed and held the required NlM on January 3 I, 2007 at the North Naples Regional Park, Room A-3 at 5:30 p.m. The applicant's team and county staff were present and Gaspar Station PUD, PUDZ-2006-AR-l069S Staff Report May 3, 2007 CCPC Page 9 of 12 r Agenda Item No. 86 June 12, 2007 Page 18 of 123 initially, one person from the public attended. At approximately 5:50 p.m., two neighboring property owners who identified themselves as "Strand" residents, walked in and began to comment and ask questions of the agent(s), saying "You're ruining our property values. We don't want Target, we don't want Wal-Mart, we don't want a Burger King; we don't want a gas station". Mrs. Rochelle Dowling said she "opposes more commercial" and another comment was made, "More commercial will add to the failing of Immokalee Road". Another resident asked questions relative to traffic impacts and planning for the Wal-Mart store, to which Jeff Peny responded, "(there is) no substantial change to traffic impacts as it relates to this petition". Project planner for the county, Kay Deselem, invited the neighboring property owners to her office to discuss the transportation (traffic) review on the petition. It was also stated by Mr. Peny that the current operating level ofImmokalee Road is at "D". Mr. Bruce Anderson said that there are "no changes to the permitted use(s) in the PUD and development standards will be brought up to current county codes". It was also stated that "no retail building would be more than 35 feet in height" and there is a "60 feet height limitation on hotel uses". After further conversation, a neighboring property owners said, "I'm not opposed to a nice upscale restaurant or office building. Please be sensitive to beauty, to enhance the appearance of North Naples." Several comments were also made regarding the need for children's playgrounds in developments. Ms. Deselem explained that "playgrounds" are not required by county code in individual developments. Mr. Craig Timmons, identifying himself as a realtor representing the land owner, responded to a question regarding tenants by saying, "there are no leases at this time". The meeting concluded at approximately 7:00 p.m. Synopsis provided by Linda Bedtelyon, Community Planning Coordinator ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION: The Environmental Advisory Commission (EAC) heard this petition on April 4, 2007, and voted unanimously to approve it with the following stipulation: The lake shape and final size will be detennined at the site development plan stage; however the lake must remain adjacent to the preserve area. RECOMMENDATION: Zoning and Land Development Review staff recommends that the Collier County Planning Commission (CCPC) forward Petition PUDZ-2006-AR-10698 to the Board of County Commissioners (BeC) with a recommendation of approval of the rezoning request subject to the following stipulations: I. The petitioner must revise the Master Plan to show an interconnection to the west will he provided; and 2. The jhllOl,ing language shall he inserted into the developer commitments section of the PUD document; lhis project shall provide an interconnec/ion to the west. The developer or assigns of this project shall ensure that the interconnection can he utilized and, fitrthermore, the developer shall accommodate the petl'etualuse of such access hy incOllJ()rating appropriate language into the development covenants or plats. The jinal configuration and location of the interconnection shall he determined hy Collier County Transportation staff prior to the issuance of any development approval on this site. Gaspar Station PUD, PUDZ-2006-AR-l 0698 Staff Report May 3, 2007 CCPC Page 10 of 12 Aoenda Item No. 88 .. June 12. 2007 Page 19 of 123 PREPARED BY: KAY DESELEM, AICP, PRINCIPAL PLANNER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE REVIEWED BY: MARJORIE M. STUDENT-STIRLING ASSISTANT COUNTY ATTORNEY DATE RA YMOND V. BELLOWS, ZONING MANAGER DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE SUSAN MURRAY, AICP, DIRECTOR DEPARTMENT OF ZONING AND LAND DEVELOPMENT REVIEW DATE APPROVED BY: JOSEPH K. SCHMITT ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION Tentatively scheduled for the June 12, 2006 Board of County Commissioners Meeting Gaspar Station PUD. PUDZ-2006-AR-l0698 Staff Report May 3, 2007 CCPC Page 11 of 12 l' Agenda Item No. 88 June 12. 2007 Page 20 of 123 COLLIER COUNTY PLANNING COMMISSION: MARK P. STRAIN, CHAIRMAN DATE Exhibits: A. Rezone Findings B. PUD Findings C. Comprehensive Planning Memo, dated December 4, 2006 D. EAC Staff Report E. Eboli PUD Master Plan F. Access Easement Gaspar Station PUD. PUDZ-2006-AR-10698 Staff Report May 3, 2007 CCPC Page 120f12 ::nr--0') :oON .O~ o C\I '- Z .::) 0-J =~N 2;!!Q) -3:n C'O'-J (1J ~ CL. iii '" <( ~I 51 . I J ~I a.. <( ~ (!) " . Z - Z ~ 0 ~I N " ~ ~liL--'ll"'J.SCG.LNI .~ ------- ~I ~ ! I 21 I ~ , < " ~ . ~ is ~i , ~ I ,,! ~~ " I!. , I" i! i ~;J: II ':!~A! 'I;" LJ f I 11" -! ~'i ' .1: ~N~ g:g i l_ !~ . I i: S o u Ii ,~ , ,~ - ill U ~ ~ II-iUVJ8l<3J.NI . " II, ,i~ '1- l.~ '""'" ~~~ i ! i I~ l!p l !l c "J! q- - I (....v:ll {JIN '. "" .~ r " " . ~~~ / --- - c- ~Q2 . ~61 -~- , 6. .j\ ~ " I I , ,- i~ . iL.3l.V.LSI/3.lJfI ovo~ tlClJ.S:)IlV..rl ! i, , . 'i ! .j! , i. " " , ! ,. ": il! " II il! " ~-- ~ '" '" '" o cl:: <( '" o o N. :. c. '" z o f-- f-- W C. a.. <( ~ z o f- <( () o ....J I Agenda Item No. 88 June 12. 2007 Page 22 of 123 Exhibit A REZONE FINDINGS PETITION PUDZ-2006-AR-10698 Chapter IO.03.05.G of the Collier County Land Development Code (LDC) requires that the report and recommendations of the Planning Commission to the Board of County Commissioners show that the Planning Commission has studied and considered the proposed change in relation to the following, where applicable: 1. Whether the proposed change will be consistent with the goals, objectives, and policies of the Future Land Use Element (FLUE) and Future Land Use Map and the clements of the Growth Management Plan (GMP). Pro: County staff has reviewed this petition and has offered an in-depth analysis (see staff report) of the relevant goals, objectives and policies of the Conservation & Coastal Management Element, the Future Land Use Element and the Transportation Element of the GMP offering a recommendation that this petition be found consistent with the overall GMP if staffs stipulations are incorporated into the approval recommendation. Con: If staffs recommended stipulations are not included, tramc circulation on lmmokalee Road could be unnecessarily compromised. Findings: Based upon staff's recommendation with stipulations, the proposed development is in compliance with the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) for Collier County and all other relevant goals, objectives and policies of the GMP. 2. The existing land use pattern. Pro: The explanation of the request in the staff report and the location and zoning map that is attached to the staff report show the proposed rezoning is a reiteration of two previous rezoning approvals for the same parcel to allow the same uses. Con: None. Finding: Staffbclieves the proposed rezone is a logical and appropriate recommendation. 3. The possible creation of an isolated district unrelated to adjacent and nearby districts. Pro/Con: Evaluation not applicable. Findings: Staff believes the proposed rezoning is a reiteration of two previous rezoning approvals for the same parcel to allow the same uses thus approval is an appropriate action. 4. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change. Pro/Con: Evaluation not applicable. Findings: The district boundaries are logically drawn as discussed in Items 3 and 4 above. Page 1 of 5 1\gencJa item !'-Jo. 88 June 12 2007 Page 23 of 123 5. Whether changed or changing conditions make the passage of the proposed land use change necessary. Pro: The proposed change is neecssary bccausc LDC Section I O.02.13.D. 7 does not allow the County to accept applications for development order approvals until the zoning is "updated." Additionally, the petitioner has updated the Master Plan to show the required preserve area contiguous to the preserve area in the neighboring Livingston Lakes PUD project. Con: The perceived higher intensity versus undeveloped land may not coincide with the nearby property owners' perception of the area's potcntial development. Findings: The proposed zoning changc is appropliate based on the existing conditions of the property and because its relationship to the FLUE (Future Land Use Element of the GMP) is positive. 6. Whether the proposed change will adversely influence living conditions in the neighborhood, Pro: The County's cun-ent land use policies in the FLUE support the proposed action and the proposed use is not contrary to the cun-ent land use policies if staffs stipulations are included in any approval recommendation. The proposed amendment should not adversely influence living conditions because the use proposed are consistent with the uses proposed for Interchange Activity Centers. Con: The perceived higher intensity versus undeveloped land may not coincide with the nearby propeliy owners' perception of the area's potential development. Findings: The proposed change should not adversely influence living conditions in the neighborhood because the preserve area's location will help buffer the only adjacent residential uses. 7, Whether the proposed changc will create or cxcessively incrcase traffic congestion or creatc typcs of traffic deemcd incompatible with surrounding land uscs because of pcak volumcs or projectcd types of vehicular traffic, ineluding activity during construction phases of thc development, or otherwise affect public safety. Pro: Development of the subject property is consistent with provisions of the Transportation Element of the GMP and the trips are vested according to Transportation Planning staff (refer to the discussion in the staff report. The trips werc vested as part of the Stiles PUD zoning. However Transportation Planning statf notes that although this PUD is considcred vested by TranspOliation Planning staff, the PUD remains subject to operational analysis at the time of subsequent developmcnt order application. Staff has included stipulations to require this project to provide an interconnection to the west: if stairs stipulation is adopted as paIi of any approval recommendation, this project should not create types of traffic deemed incompatible with sun'ounding land uses and it should not atfeet the public safety. Exhibit A REZONE FINDINGS PETITION PUDZ-2006-AR-10698 Page 2 of 5 r .Agenda Item No. 88 June 12. 2007 Page 24 of 123 Con: The perceived higher intensity versus undeveloped land may not coincide with the nearby property owners' perception of the area's potential development. Findings: Evaluation of this project took into account the requirement for consistency with the Traffic Element of the GMP and the project was found consistent. Additionally, certain transportation improvements are included in the PUD document. 8. Whether the proposed change will create a drainage problem. Pro: Road improvements precipitated by this development and water management improvements to accommodate site development are designed to accommodate the normal drainage requirement and are aiready in place for the most part. Con: Urban intensification could potentially increase area-wide flooding in a severe rainfall event. Findings: Every project approved in Collier County involving the utilization of land for some land use activity is scrutinized and required to mitigate all sub-surface drainage generated by developmental activities. 9. Whether the proposed change will seriously reduce light and air to adjacent areas, Pro: The proposed development standards will ensure that adequate light and air is allowed to adjacent properties. Con: None. Findings: All projects in Collier County are subject to the development standards that are unique to the zoning district in which it is located. These development standards and others apply generally and equally to all zoning districts (i.e. open space requirement, corridor management provisions, etc.) were designcd to ensure that light penetration and circulation of air does not adversely affect adjacent areas. 10. Whether the proposed change will adversely affect property values in the adjacent area. Pro/Con: Evaluation not applicable. Findings: This is a subjective determination based upon anticipated results which may be internal or external to the subject property, and which can affect property values. Property valuation is affected by a host of factors including zoning; however, zoning by itself mayor may not affect values, since value determination by law is driven by market value 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. Exhibit A REZONE FINDINGS PETITION PUDZ-2006-AR-10698 Page 3 of 5 /-\genda Item ~'Jo. 88 June "12. 2007 Pade 25 of 123 Pro/Con: Evaluation not applicable. Findings: The basic premise underlying all of the development standards in the Land Development Code is that their sound application, when combined with the site development plan approval process and/or subdivision process, gives reasonable assurance that a change in zoning will not result in deterrence to improvement or development of adjacent property. 12. Whether the proposed change will constitute a grant of special privilege to an individual owner as contrasting with the public welfare. Pro/Con: Evaluation not applicable. Findings: The proposed development complies with the Growth Management Plan (as stipulated by staft), a public policy statement supporting Zoning actions when they are consistent with said Comprehensive Plan. In light of this fact, the proposed change does not constitute a grant of special privilege. Consistency with the FLUE is further detennined to be a public welfare relationship because actions consistent with plans are in the public interest. 13. Whether there are substantial reasous why the property cannot be used in accordance with existing zoning. Pro: The proposed change is necessary because LOC Section 10.02.13.0.7 docs not allow the County to accept applications for development order approvals until the zoning is "updated." Con: None. Findings: Any petition for a change in land use is reviewed for compliance with the GMP and the LDC with the Board of County Commissioners ultimately ruling what uses and density or intensity is approved or, on the contrary, if the petition is denied. This petitioner is proceeding through the proper channels to gamer that Board ruling. 14. Whether the change suggested is out of scale with the needs of the neighborhood or the County; Pro: Staff' believes this rezoning request proposes changes that are within the scale of the needs of the neighborhood and County. Con: None. Findings: The proposed development complies with the Growth Management Plan (as stipulated), a policy statement which has evaluated the scale, density and intensity of land uses deemed to be acceptable throughout the urban designated areas of Collier County. 1 S. Whether it is impossible to find other adequate sites in the County for the proposed use in districts already permitting such use. Exhibit A REZONE FINDINGS PETITION PUDZ-2006-AR-10698 Page 4 of 5 r Agenda Item I~o. 8B .June 12. 2007 Page 26 of 123 Pro/Con: Evaluation not applicable. Findings: Because the petitioner is seeking update a sunsetled PUD, this analysis IS not germane to this petition. 16. The physical characteristics of the property and the degree of site alteration which would be required to make the property usable for any of the range of potential uses under the proposed zoning classification. Pro: None perceived. Con: The subject property in this PUD rezoning is undeveloped at this time. Findings: Any development of this site would require considerable site alteration with the proposed use of this portion of the site. 17. The impact of development on the availability of adequate public facilities and services consistent with the levels of service adopted in the Collier County Growth Management Plan and as defined and implemented through the Collier County LDC regarding Adequate Public Facilities. Pro/Con: Evaluation not applicable. Findings: A multi-disciplined team responsible for reviewing jurisdictional elements of the GMP and the LDC public facilities requirements has reviewed this land use petition and found it consistent and in compliance for zoning approval. A tinal determination whether this project meets the full requirements of adequate public facilities specifications will be detem1ined as pmi of the development approval process. Exhibit A REZONE FINDINGS PETITION PUDZ-2006-AR-10698 Page 5 of 5 Exhibit B PUD FINDINGS PUDZ.2006.AR-10698 ,Ll,geneia item f\Jo. 83 June 12.2007 Page 27 of 123 Section] 0.02. I 3.8.5 of the LDC of the Collier County Land Development Code requires the Planning Commission to make a finding as to the PUD Master Plan's complianee with the following eriteria: 1. The suitability of the area for the type and pattern of development proposed in relation to physical characteristics of the land, surrounding areas, traffic and access, drainage, scwer, water, and other utilities. Pro: The nearby area is developed or is approved for development of a similar nature. The petitioner will be required to eomply with all county regulations regarding drainage, sewer, water and other utilities. Con: None. Finding: The stipulations included in the PUD document adequately address the impacts /Tom the proposed amendment. 2. Adequacy of evidence of unified control and suitability of any proposed agrecments, contracts, or other instrumcnts, or for amcndments in those proposed, particularly as they may relate to arrangements or provisions to be made for the continuing opcration and maintcnance of such areas and facilities that are not to be provided or maintaincd at public expense. Pro/Con: Evaluation not applicable. Findint:: Documents suhmitted with the application provided evidence of unified control. The PUD document makes appropriate provisions for continuing operation and maintenance of common areas. 3. Conformity of the proposed Planncd Unit Development with the goals, objectives, and policics of the Growth Management Plan (GMP). Pro: County staff has reviewed this petition and has offered an analysis (see staff repOli) of the relevant goals, ohjectives and policies of the GMP offering a recommendation that this petition be found consistent with the overall GMP with the stipulations recommended by staff Con: Staffs analysis is subjective. Many of the goals, objective and policies do no have quantative means to measure compliance. The GMP TranspOliation Element Policies 5.] and 9.3 contain measurable components: however, FLUE Policy 5.4 does not. Compatibility is more subjcctivc. Findint:: StatT has recommended that the subject petition has been found consistent with the goals, objectives and policies of the GMP with stairs stipulations as provided for in the adopting ordinance. Please see the staff report for a more detailed discussion. Page 1 of 3 r Agenda Item No. 83 June 12. 2007 Page 28 of 123 4. The internal and external compatibility of proposed uses, which conditions may include restrictions on location of improvements, restrictions on design, and buffering and screening requirements. Pro: The proposed development standards, landscaping and buffering requirements are designed to make the proposed residential uses compatible with the adjacent residential uses. Con: None. Finding: Staff analysis as contained in the staff report indicates that this petltIon is compatible, both internally and externally, with the proposed uses and with the existing surrounding uses. 5. The adequacy of usable open space areas in existence and as proposed to serve the development. Pro/Con: Evaluation not applicable. Finding: The amount of open space set aside by this project is consistent with the provisions of the Land Development Code. 6. The timing or sequence of development for the purpose of assuring the adequacy of available improvements and facilities, both public and private. Pro/Con: Evaluation not applicable. Finding: Timing or sequence of development in light of conculTency requirements docs not appear to be a significant problem as part of the PUD amendment process, but the project's development must be in compliance with applicable conculTency management regulations when development approvals are sought. 7. The ability of the subject property and of surrounding areas to accommodate expansion. Pro: County Transportation Planning staff has determined that the proposed amendment is consistent with the GMP Transportation Element requirements addressing roadway concerns if staffs stipulations are included in any recommendation of approval. Con: None. Finding: If "ability" implies supporting infrastructure such as wastewater disposal system, potable water supplies, characteristics of the property relative to hazards, and capacity of roads, then the subject propeJly has the ability to suppOJl expansion based upon the commitments made by the petitioner and the fact that adequate public facilities requirements will be addressed when development approvals are sought. PUD FINDINGS PUDZ-2006-AR-10698 Exhibit B Page 2 of 3 !l,cenda item ~'Jo. 88 -' June 12_ 2007 Page 29 of 123 8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the particular ease, based on determination that such modifications are justified as meeting public purposes to a degree at least equivalent to literal application of such regulations, Pro/Con: Not applicable. Finding: This criterion essentially requires an evaluation of the extent to which development standards and deviations proposed for this PUD depart from development standards that would be required for the most similar conventional zoning district. The development standards in this PUD are similar to those standards and the petitioner is not seeking any deviations. PUD FINDINGS PUDZ-2006-AR-10698 Exhibit B Page 3 of 3 1" .Agenda Item No. 8B June 12. 2007 Page 30 of 123 c:::.o~:'-y c:::.o'U:nty -.- a.._ Memorandum To: Kay Deselem, AICP, Principal Planner, Zoning and Land Development Review From: Sue Trone, Planner, Comprehensive Planning Date: December 4, 2006 Subject: Future Land Use Element (FLUE) Consistency Review PETITION NUMBER: PUDA-2006-AR-I0698 PETITION NAME: Gaspar Station PUD LOCATION: The subject site is located in Section 30, Township 48 South, Range 26 East, Collier County, Florida. It takes up 17.7010 acres ofland. The project site is on the south side oflmmokalee Road and is approximately one quarter mile west of the 1-75/Immokalee Road intersection. The project has indirect access onto Immokalee Road via an existing entry road (.I uliet Boulevard) with a median opening that aligns with the approved Strand PUD to the north. REQUEST: The project is currently zoned PUD as a planned interchange commercial center which includes a mixture of interchange-oriented commercial facilities, predominantly including restaurants, various types ofretail (e.g. clothing stores, home supplies stores, hardware stores, and grocery stores), and office uses (e.g. real estate, law offices, veterinary offices, and business services). Additionally the project includes land uses to accommodate stonn water management, lakes and buffer areas. The petitioner is requesting to develop this PUD for general commercial uses and to rename the PUD to Gaspar Station. COMPREHENSIVE PLANNING COMMENTS: The subject property is designated Urban Commercial District, Interchange Activity Center Subdistrict, Activity Center #4, as identified on the Future Land Use Map of the Growth Management Plan. It is located within the Northwest Transportation Concurrency Management Area (TCMA). The County has confirmed that the level of service criteria for the Northwest TCMA in the LDC arc being met; however, Comprehensive Planning statf defers to Transportation Planning staff for a more detailed review. The Future Land Use Element (FLUE) of the Growth Management Plan (GMP) dedicates roughly a page and a half to guidelines for Interchange Activity Centers (pages 44-45). Comprehensive Planning comments are primarily limited to the factors for consideration dming review of rezone petitions as enumerated by a bulleted list on page 41. I of the FLUE. Text from the FLUE is represented below in italics and staff comments follow in bold. 1. Rezones within Mixed U,e Activity Centers are encouraged to he in the form of a Planned Unit Development. There shall he no minimum acreage limitation,fin- such Planned Unit 1 Exhibit C ,qqenda item No. 88 ~ June 12.2007 P8~le 31 of 123 Developmei1lS except all requestsfiw rconing must meet the requirements fin' rconing in the Land Development Code. The rezone is a PUD to PUD at 17.7010 acres, This is consistent. 2. l71e amount, (vpe and location of existing ~oned commercial land, and developed commercial uses, within the Mixed use Activity Center and \lithin two road miles of the }.1ixed U,e Activity Center. This information is not required; existing approved commercial uses are consistent with proposcd commercial uses. 3. Market demand and service area fin' the proposed commercial land uses to be used as a guide 10 explore the feasibility of the requested land uses, A markct-demand is not requircd becausc commercial uses proposed are generally consistent with approved commercial uscs. 4. Existing patterns o!'land use Itithin the Mixed U,e Actil'itv Center and within two radial miles. Within the Proiect Site: Currently the area is vacant but it has been zoned for commercial uses. Adiacent to the Project Site in the Southwest Ouadrant of the Activitv Centcr: there are parcels with various zoning designations: To the east of the subject site but within thc Interchange Activity Center is the Donavan Ccntcr PUD containing 250,000 square feet of commercial uses and 140 multi-family units. Outside the Interchange Activity Centcr but within two radial miles to the west of the subject site is a parcel zoned Agricultural which is vacant. Given this land's proximity to 1-17 and its nrban designation it is very likely that this land will be rezoned and developed. \Vhile it is not possible now to know how this adjacent parcel will be developed the petitioner may want to take into consideration various possibilities when planning the buffer between the parccls. Ontside the Interchange Activity Centcr but within two radial miles to the south of the subject sitc is the Livingston Lakes PLD with 327 multi-family units. In the Remainder of the Activitv Center: are the following developmcnts with respective uses and zoning designations: In the Northwest Quadrant is the Pelican Strand PUD, Total area: 574.56 acres; 200,000 square foot commercial; 237 single-family units; 804 multi-family units; 187.3 acres golf course. In the Northeast Quadrant is Northbrooke Plaza PUD. Total area: 39.90 acres; 270,000 square foot commercial; 120 singe-family units; 130 mobile home. In the Southeast Quadrant is the Malibu Lake PUD with 178.6 acres for Mixed Use. Within two radial miles of the Proiect Site and Outside the Activitv Center: zoning designations can be found as noted below. Agricultural (841 acres) Commercial (45 acres) Estates (1,255) 2 Exhibit C r Agenda Item I~o. 3B June 12.2007 Page 32 of 123 Golf Course (618 acres) Mixed Use PUD (178 acres) PUD (8575 acres) Residential Multi-Family (147 acres) RPUD (51 acres) Residential Single-Family (2,055 acres) Residential Tourist (2 acres) 5. Adequacy of inji-astructure capaciiy, particularly roads. According to the Transportation Impact Statement, all roadways within the project's area of influence are currently operating at acceptable levels of service and are expected to operate at acceptable levels of service through build out of the project (2008). Further, the project appears to have no significant impact on any County or State roads. Comprehensive Planning Staff defers to Transportation Planning Staff for a finding of project consistency with regard to these measures. Water distribution and sewage collection and transmission and related facilities are to be designed, constructed, conveyed, owned and maintained by Collier County. Comprehensive Planning Staff defers to Utilities for a finding of projcct consistency with regard to these measures. 6. Compatibiliiy of the proposed development with. and adequacy of buffering for, adjoining properties. The purposes of the planned development fall into the full array of commercial uses (this includes SIC 6552 which Ray Bellows, Zoning Manager, has revicwed and found to be consistent with commercial zoning, documented in an em ail dated Dccember 4, 2006.). 7. Natural or man-made constraints. Based on observation of the subject site from aerial photographs, the site has not been clearcd; there appcar to be no natural or man-made constraints. 8. Rezoning criteria identified in the Land Developmen/ Code. This is provided for in the PUD rezone application. Further, these criteria will be reviewed by the Zoning and Land Development Review staff. 9. Conformance H.;t!l Access Management Plan provisions for Mixed Use Activity Centers contained in the Land Development Code. This is provided for on the PUD Master Plan. Further, Transportation Planning staff will review the project for conformance with this LDC provision. 10. Coordinated traffic flow on-site and off-site. as may he demonstrated by a Traffic Impact Analvsis, and a site plan/ master plan indicating on-site traffic movements, access point locations and type, median opening locations and type on the abutting roadway(.~), location of traffic signals on the abutting roadway(.'}, and internal and external vehicular and pedestrian interconnections. 3 Exhibit C Agenda Item No. 88 June 12. 2007 Page ~U of 123 This is provided for in the Traffic Impact Statement and the PUD Master Plan. Comprehensive Planning staff further defer to Transportation Planning staff for more detailed review. 11. Illtercollnectioll(,) for pedestrialls. hicl'cles alld motor pehicles with existing alldfitture adjacellt projects. The two access points to Juliet Boulevard allow vehicular access to adjacent commercial activities. Construction of sidewalks east of the project site would provide convenient access for pedestrians. Comprehensive Planning staff further defer to Transportation Planning staff for more detailed review. 12. COllforl11ance with the architectural desigll stalldards as idelltified ill the Lalld Del'elopl11ellt Code. The Developer intends to establish project-wide guidelines and standards to ensure a high and consistent level of quality for the proposed land uses. Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences, walls, buffers, and similar features as indicated in the PUD document, Section II, 2.S.C. Comprehensive Planning staff defers to Zoning and Land Development Review staff for more detailed review. FLUE Objective 7 and associated Policies encourages shared access and project interconncctions. The applicant is encouraged to implement appropriate Policies under this Objective that support smart growth. including walkability and interconnections with adjoining properties. Namely, the addition of sidewalks would enable pedestlian access to (and along) Juliet Boulevard. FLUE Policy SA provides all rezoning must be compatible with thc GrO\vth Management Plan. Comprehensive Planning leaves the determination of compatibility to the Zoning and Land Development Review stalf as pati of their review of the petition in its totality. REVIEW OF THE PUD MASTER PLAN AND pun DOCUMENT: · Revise Paragraph 1 on page ii II'om reading "Interstate Activity Center Subdistrict" to "Interchange Activity Center Subdistrict" in both instances and anywhere else where this term may appear (it is cOITectly refcrenced on page I-I, I A.B.). . A selection fi'ol11 Section I, lA.A. reads: "The project has direct access onto lmmokalee Road via an existing entry road (Juliet Boulevard) with a median opening that aligns with the approved Strand PUD to the north." Section V, 5.2.B. reads: "Access to all parcels fronting Immokalee Road shall be from the main entrance road with no direct driveway access from each parcel to Immokalee Road." Based on the first quote and the Master Plan it appears that the "main entrance road" of the second quote is, in fact, Juliet Boulevard. Please clarify this point and, if this "main entrance road" is some other road contact staff immediately. . The project is located within the NOIihwest TranspOliation ConculTency Management Area (TCMA). According to Policy 2.5 of the FLUE these areas are designated by the County to "encourage compact urban development where an integrated and connected network of roads is in place that provide multiple, viable altemative travel paths or modes for common trips" 4 Exhibit C Agenda Item No. 8B June 12, 2007 Page 34 of 123 (FLUE Policy 2.5, page 12.1). As such, Transportation Planning staff have devised levels of service standards that, according to the Transportation Impact Statement (TIS), appear to have been met at the time the TIS was written. FLUE Objectives 5 and 6 have implications for projects in TCMAs to mitigate urban sprawl, protect environmentally sensitive lands and native habitat, and promote adequate facilities - especially for transportation circulation. Address the fact that this development is to occur in a TCMA and how you plan to address FLUE Objectives 5 and 6 in the Statement of Compliance. CONCLUSION: Based on the above analvsis the oroposed develooment o[the GASPAR STATION PUD is consistent with the GMP. On CD Plus Cc: Randall Cohen, AICP, Comprehensive Planning Director David Weeks, AlCP, Comprehensive Planning Manager Susan Murray, AICP, Zoning and Land Development Review Director Ray Bellows, Zoning and Land Development Review Manager 5 Exhibit C ,4:Jenda item ~Jo_ 88 - June 12, 2007 Page 35 of 123 Item Vr.A. ENVIRONMENTAL ADVISORY COUNCIL STAFF REPORT MEETING OF April 4. 2007 I, NAME OF PETITIONER/PROJECT Petition No.: Petition Name: Applicant/Developer: Engineering Consultant: Environmental Consultant: PUDZ-2006-AR-J 0698 Gaspar Station PUD A. GROVER MATHENEY WILSONMILLER, INC. WILSON MILLER, INC. II. LOCA TION The subject property, consisting of 17.7010 acres, is located on the south side of Immokalee Road (CR 846), approximately one quruier mile west of the 1- 75/lmmokalee Road, interchange, in Section 30, Township 48 South, Range 26 East, Collier County, Florida. III. DESCRIPTION OF SURROUNDING PROPERTIES ZONING DESCRIPTION N - PUD Immokalee Road then Carlton Lakes PUD, approved at a density of 3.35 units per acre S- PUD Livingston Lakes, a developing residential project, approved at 7 units per acre E - PUD Donovan Center PUD, developed as a Wal-Mart superstore and Summer Lakes residential project, approved at 6.64 units per acre W - Agriculture an undeveloped approximately nine acre tract IV. PROJECT DESCRIPTION The proposed CPUD, if approved, will allow for retail and service uses at a rate of 7.500 square feet per gross acre. otIice uses at a rate of 15,000 square feet per gross acre and hotel/motel use at a rate of 26 units per gross acre. The PUD Gaspar Station CPUD PUDZ-2006-AR-10698 Exhibit D , EAC Meeting Page 2 of7 Agenda Item No. 8B June 12, 2007 Page 36 of 123 allows for a mix of Interchange Management Plan [GMPJ). Commercial (as described m the Growth The project is bordered by Juliet Boulevard on the east, and a Wal-Mart; on the north by Immokalee Road and Carlton Lakes; to the west by an approximately nine-acre, undeveloped agriculturally zoned tract; and to the south by lands within Livingston Lakes PUD, a residential project. The subject property is currently undeveloped. The PUD document and the Master Plan indicate the project will not have access directly to Immokalee Road; access to the site will be via Juliet Boulevard. V. GROWTH MANAGEMENT PLAN CONSISTENCY A. Future Land Use Element The subject property is designated Urban Commercial District, Interchange Activity Center Subdistrict, and Activity Center #4, as identified on the Future Land Use Map of the Growth Management Plan. It is located within the Northwest Transportation Concurrency Management Area (TCMA). The County has confirmed that the level of service criteria for the Northwest TCMA in the LDC are being met; howcver, the final determination of concurrency will be done during the site development plan process. The Future Land Use Element (FLUE) of the Growth Management Plan (GMP) provides guidelines for Interchange Activity Centers. Comprehensive Planning staff analyzed those guidelines and believes this petition can be deemed consistent with the guidelines for Interchange Activity. B. Conservation & Coastal Manal!ement Element Objective 2.2 of the Conservation and Coastal Management Elemcnt of the Growth Management Plan states "All canals, rivers, and flow ways discharging into estuaries shall meet all applicable federal, state, or local water quality standards. To accomplish that, policy 2.2.2 states "In order to limit the specific and cumulative impacts of stormwater runoff, stonnwatcr systems should be designed in such a way that discharged water does not degrade recciving waters and an attempt is made to enhance the timing, quantity, and quality of fresh water ( discharge) to the estuarine system. This project is consistent with the objectives of policy 2.2.2 in that it attempts to mimic or enhance the quality and quantity of water leaving the site by utilizing interconnected dry detention areas and a wctland to provide water quality retention and peak flow attenuation during storm events. The Gaspar Station project will prescrve its required amount of native vegetation. Gaspar Station CPUD PUDZ-2006-AR-10698 Exhibit D EAC Meeting Page 3 of7 b,gencJa item t\;o. 88 June 12. 2007 Page 37 of 123 No submerged marine habitats are proposed for impact and the site is not contiguous to natural reservations. Habitat management and exotic vegetation removal/maintenance plans will be rcquired at site dcvelopment plan submittal and have becn provided as part of the EIS. Preserve areas shall be required to be maintained free of Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. The proposed preserve arca is located along the southern boundary of the site allowing for interconnection to the adjoining off-site preserve area located on the Livingston Lakcs PUD. Littoral shclfplanting areas within the wet detention pond shall be required at the time of Site Devclopment Plan submittal, and will be required to meet the minimum planting area requirement in Policy 6.1.7. Jurisdictional wetlands have been identified as rcquired by Policics 6.2.1 and 6.2.2. In accordance with Policy 6.2.6, required prescrvation areas have been identificd on the PUD Master Plan. Activities dctrimental to prescrve areas have been excluded from the prescrve as required by the conservation easement. Use within the preserve areas are in accordance with Policy 6.2.5(5)(d). Uscs within the preserve areas shall not include any activity detrimcntal to drainage, flood control, water conservation, crosion control, or fish and wildlife conservation, and preservation. The proposed project is not located within the Conservation Designation on the Future Land Usc Map, the Big Cyprcss Area of Critical State Concern, the Natural Resources Protection Area, Sending Lands, or Habitat Stewardship Arcas. A wildlife survcy for listed species in accordance with Policy 7.1.2 is included in this EIS. No adverse impacts to potential listed spccies arc anticipated to occur as a rcsult of thc proposed future development of Gaspar Station PUD. Thcrefore, thc project is consistcnt with the Objectives and Policies of Goal 7. VI. MAJOR ISSUES A. Storm water M3n3l!emcnt Section 8.06.03 0.2. of the Collicr County Land Dcvelopment Code states "The surface water management aspects of any petition, that is or will be rcviewed and pcnnitted by South Florida Water Managemcnt District (SFWMD), arc exempt from review by the EAC except to evaluate the cliteria for allowing treated stonnwater to bc discharged into Preserves as allowed in Section 3.05.07." Gaspar Station CPUD PUDZ-2006-AR-10698 Exhibit D EAC Meeting Page 4 of7 Agenda Item No. 88 June 12, 2007 Page 38 of 123 County Staff could not find reference to a SFWMD permit for this site on the SFWMD website, but due to the presence of wetlands on site, this petition will be reviewed by SFWMD. Gaspar Station is located within the Cocohatchee River Drainage Basin, which has an allowable discharge rate of 0.04 cfs per acre per Ordinance 2001-27. The Cocohatchee Basin has this low discharge rate, which is about a quarter of the County's standard rate of 0.15 cfs per acre because the basin was analyzed many years ago and was found to have had its capacity stressed, so the allowable remaining capacity was divided an10ng the remaining parcels. The stormwater management system consists of a 2.I-acre lake and the usual perimeter berm and stormwater piping.. The system is designed to provide for water quality retention and to attenuate the water quantity discharge. The discharge will be to the north into the Cocohatchee Canal as per the Collier County Drainage Atlas. B. Environmental 1. Site Description The subject property is approximately 17.7 acres in size. The Juliet Boulevard easement accounts for approximately 1.4 acres, leaving] 6.3 acres of developable property. Wetland areas consist of 0.4 acres of Cypress- Pine-Cabbage Palm, Exotics 25-49% (FLUCFCS 624E2). There are approximately 14.25 acres of Pine Flatwoods with Palmetto Understory, 0.70 acres Pine Flatwoods with Graminoid Understory, (Exotics 25% to 49%), and 0.40 acres of Cypress-Pine-Cabbage Palm (Exotics 25% to 49%). 2. Wetlands There are approximately 0.4 acres of SFWMD jurisdictional wetlands on the site. The SFWMD performed an informal wetland detcrmination on August 9, 2002. A copy of the SFWMD infoffi1al jurisdictional wetland sign-off exhibit is included with the EIS submittal (See Exhibit G). Wetlands on the site are low quality in function and are proposed for impacts by the proposed development. The prescnce oflmmokalee Road and associated canal, ]-75 and surrounding development has altered the hydrology of the site. The wetlands have also been impacted by varying levels of exotic plant infestation of primarily melaleuca and Brazilian pepper. 3. Preservation ReQuirements The site is approximately 17.7 acres in size and contains approximately 16.3 acres of native vegetation. The Juliet Boulevard easement impacts].4 acres of habitat. Fifteen percent (15%) of native vegetation on the site is required to be preserved. Gaspar Station CPUD PUDZ-2006-AR-10698 Exhibit D EAC Meeting Page 5 of7 Aoerida Item No. 8B ~ .June 12, 2007 Page 39 of 123 Therefore, approximately 2.4 acres of native vegetation are required to be preserved on the site: (16.3 X . I 5 = 2.4). Approximately 1.7 acres of pine flatwoods and 0.7 acres of pine flatwoods-graminoid understory will be preserved. The preserve will connect to the Livingston Woods PUD preserve to the south. 4. Listed Species Evidence of wildlife utilization on the site was minimal. The site is not currently inhabited or utilized by endangered, threatened or species of special concern. Wilson Miller ecologists have performed listed species surveys on the subject property through the 1990's and early 2000's. In March and April 1993, Wilson Miller ecologists performed a listed species survey and a red-cockaded woodpecker (RCW) survey on the propeliy. Approximately 100 hours were spent conducting the surveys and no listed species, RCWs or cavity trees were observed on the site. On June 16 through July 9, 1999, WilsonMiller ecologists perfonned a RCW nesting season survey on the subject propeliy. Approximately 40 hours were spent perf0t111ing the survey and no RCWs, cavity trees, or other listed species were observed on the site. In August 2002, October-November 2004 and February 13 through 17, 2006 WilsonMiller ecologists perfonned listed species surveys on the subject propeliy. No listed wildlife species, RCW s, or cavity trees were observed on the site. Another listed species survey was conducted by WilsonMiller in February 2006 and no listed species were found. There is a potential for the Big Cypress fox squiITel and the Eastern Indigo snake to utilize the site. A Big Cypress fox squirrcl management plan has been prepared and is included with this submittal as Exhibit J of the EIS. An Eastet11 indigo snake management plan has also been prepared and is included in this submittal as Exhibit K of the EIS. VII. RECOMMENDA nONS StatT recommends approval of Gaspar Station PUDZ-2006-AR-l0698 with the following stipulations: Storm water Manal!ement and Environmental 1. A SFWMD ERP must be obtained prior to the next development order approval. PREPARED BY: Gaspar Station CPUD PUDZ-2006-AR-10698 Exhibit D r EAC Meeting Page 6 of? Agenda Item No. 88 June 12. 2007 Page 40 01123 STAN CHRZANOWSKI, P.E. ENGINEERING REVIEW MANAGER ENGINEERING SERVICES DEPARTMENT DATE SUMMER ARAQUE ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT DATE KAY DESELEM, A. I. c.P. PRINCIPAL PLANNER DEPARTMENT OF ZONJNG AND LAND DEVELOPMENT REVJEW DATE REV1EWED BY: Gaspar Station CPUD PUDZ-2006-AR-10698 Exhibit D EAC Meeting Page 7 of7 Agenda Item No. 88 .June 12, 2007 Page 41 of 123 DATE BARBARA S. BURGESON PRINCIPAL ENVIRONMENTAL SPECIALIST ENVIRONMENTAL SERVICES DEPARTMENT WILLIAM D. LORENZ, Jr., P.E. ENVIRONMENTAL SERVICES DEPARTMENT DIRECTOR DATE JEFF WRIGHT ASSISTANT COUNTY ATTORNEY OFFICE OF THE COLLIER COUNTY ATTORNEY DATE APPROVED BY: JOSEPH K. SCHMITT DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTIV\TOR Gaspar Station CPUD PUDZ-2006-AR-10698 Exhibit D r ...... nlt'otAtT SAJ"ts Iv.lW ~ "nufI[ COMWCIttW. met EXHIBIT "A' -..-...-...-..-..-...- CMUOHIJ,II:D ~ lIM.1\...rMlLY flACr (UI4CtR COIG'flWTKItI) c-. (1w ~-(W'....." --.,....... ---r-'----'-'1'Ill.. ..--. 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Lt'"'J o~ :;0 -5 ~ l"'> =- c-r) ":E ~- ~:'l ~- :i;; - g u ;'i S Gaspar Station CPUD PUDZ-2006-AR-10698 Exhibit F - PROJECT: Immokalee Road Compensating Right of Way PARCEL: Eboli PUD (Bermuda Palms, AR 3413) Agenda Item No, 88 June 12, 2007 Po';;e ~3 of 123 ROAD RIGHT-OF-WAY, DRAINAGE AND UTILITY EASEMENT THIS EASEMENT, is made and entered into this ~ day of A-.-... ,'- , 2004, by BP Dovco, LLC, whose mailing address is 2190 J & C Blvd, Naples, Florida 34109 (hereinafter referred to as "Grantor"), and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 Tamiaml Trail East, Naples, Florida 34112, its successors and assigns (hereinafter referred to as mGranteelJ). (Wherever u5ed herein the terms "Grantor" and "Grantee" include all the parties to this Instrument and their respective heirs, legal representatives, successors and assigns. Grantor and Grantee are used for singular or plural, as the context requires.) WiTNESSETH: Grantor, for and in considerallon of TEN DOLLARS ($10.00) and other valuabie consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement to enter upon and to install and maintain roadway, sidewalk, drainage and utility structures and facilities on the following described lands located in Conler County, Florida, to wit: ;;: Sae attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record, Not Homestead Property TO HAVE AND TO HOLD the same unlo the Grantee together with tl1e right to enter upon said land, place. excavate, and remove materials for the purpose of Gonslrucling, operating, and maintaining roadway, sidewalk, drainage and utility facilHies thereon. The easement granted herein shall consl1lute an easement running with the land and shall burden the lands described above, IN WITNESS WHEREOF, the Grantor hes caused these presents to be executed the date and year first above wrltlen. WiTNESSES: : ~!:e7! (Y)~ - "lfiLsa~ j(. MAIl-TEN4 Printed Name f}"({.,, iL I~ Signature ' /'uJr101( .r.1h.n/so...k: Printed Name .......,~~..^~ ~~"-"~ St~ J. Muilersm President BP Devco, LLC ~ ~; :;:!;t ~ , ~ :.., " '~ STATE OF FLORiDA COUNTY OF COLLIER 11~ ~ The fore..9oing instrument was acknowledged before me this d2E!!:: day of n a5:!..:~/ ;'lrI~ t~, personally known~ or produced ~dentlfication . Type of Identification produced: .- .,;t;..:r;::ii>\ DWlE EDWARDS [t{ !fflrltY:" ~ CC992538 ".J!kl ~~~M"1",.2OO5 'l.p'f.,h:. B"""o<IT~"Uf/<Jl&~P'l>io:ll",",,,l1I<n ~f:;/'b'~ Notary Public My Commission Expires: /-tj'- tJt) "IJ111..J6 EDtJlI'R.b.:5 Notary Printed Name C:\Doeumonts eml Sllll1ngglnolson\Lo:al Soltlngs\Temporaf)' Intern~t Fllegl,QLK119\1mJllokil!lle Rd Compensating Right of Way,doc Page 1 of I r C);--r:0 ~',"i3 is ~~ is is ~' ""ON ,,", '0 -Q......... ..." ~ ,~ Ii ill ~8~~~ ~.~~.- ~~~~ ~ .0 ~ 13 '", ~ ' a~~~~\S~~~i ~~~~ " ~ t:-"":t ~~ ~ ~tgf-.: 2::!2w ....~~t:5~l<.lI~li:ui!:;~~t;iS ~'" i!: --OJ ill'" ~~u..~~~~u::2[fJ8Jg"'(Ci", ~ i3a '" '""'" ~~ ~~ >--~iS:~Q(jl lk:."l:1S " ~i!;';" ~ ~-:lo.. ~t;i~ ~~~~~~~;~~~ " iii 5~ " ~:5iQ 8 ;:~~~'''''~~V} t5 'F.i...~Li:t;; ~ ~VJ~ Q. OJ in" '.a:;( VI 1.oJ~:tc., ....~ <{ i;i" ~~h~13~J.~~~~~fi~~, " l'\ ~"" ~ "'lii t:l<l)~' 13..... (<)1-.: ",00 " 0l:9..1!: ~ i!:- /j i5~" \5 W ~i:i2kJ VI <k;"~. 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'" \" 1'<- ~~ " - " ;; d"1 - n I, III' II rl,l Ii ~ Ii ,II f~ J) i~ ,6f.6~, . 3m1'). VM"::...:/o::ii0iiiHJ."nOS. 3 .tf,Urt.6B 5 .;;),...,,:,~..,~,. Ii> / , II.L, 'VI ~~! tJ At ~j.f,f1~.6B N " .f'. .- (9PB 'Ira) (['/011 33'lf}[OJfJYI Gaspar Station CPUD PUDZ-2006-AR-10698 Exhibit F ge.'8J'-Of 10 811IJI'OO lSJ'rlHW{)fl 1Hl 10 J^n IWiDtl JIll ~ 9_LOE :Dd om :HO m ~\ I co X >< LLJ ..; ~ ~ ~ ... ~ ~ ~~ ~ ~~ ~ it~ tJji'5~",'~ ~ ""' 1;:Jii:i~~" '" ~~ ~~~~~ ~~Ell'-.B '""8~~ ~ ~...~~~ ~ wi:Jf:t1"';;l ~~ ii';e "i <::l'" s:,' "' I ..., 0.; . ~ ~ '" ~ ~ ~ ,~ ."~ 2l ~ ~~~'I~~ ::,: ,f' ~ ~ J. ~ -"..'" ~ . ""1 O)...:j ~. \~ ~ ~ .ll.. __ t"l;;:"'t.j: c; t:3~~ ;&(Q~ s::.!2 '" ""f::~~ . ~!S ;l ~ ~ ~~",~o.; ~ '" :! D ~.~~ g ~& ~ ~ ~ ~atl)..~o :>.,"SD "l1l ~~~~ ~~ ,." " r.q Ii; .~ ~Sl D ~ ~ c:b>-~ III ~~ U o;1j <0 '" '" '" , '" 'l' .0 d ., N . ,~. '" 1-\ .1.\\ jJ ,- ~ "'I:] ~C) "" l:li'l" Q:lUd ~~o: t-~i: ~~~ <...:>Q\:l '-'C" ~ 'u ~~c:ir:t ::!tQQU tl " ~ ~ " ~ >1 '" :.. '" ;.; ;;: 8 ~ i:J " i;J ~ ~ '" '" ~,t). \ ~i:5 i..S~~ ~i:l!:! . 15 \3;;;\ ~lli~~ ,-~~O' ~6 -- Lul ~,...~~ ',' <:.!,,!l;o. \1:1\8 <:;;H~ili In ti ~i!1~B~ ~ ~ ~_'h. ",I _ _ _ i_:~.o~ ~.;I g~ 1 _'f.B>;.'B 5 61 I t? 1 ,fnf I i , --iij" <:;; <>; i ) 1 O-N009t-H081~\lSJ..ft:xl\\ 'n:v !Of9!O'60 touc/lz!tO 'ir-J~IJS\'J 1.).1 .600p'9lI"'-8\6...p\....lVo;l ...onfjl:l38\.I'~04\.l>"P\'O . mf"-\0 C28~ 00.1....... ?' .0 '- N Lr) E"--q- "''''", =::cO) ","ro u'D- c '" '" <( . .. ~ .. ! ffiE :.' I W ! I u , .. " ! ... l -0 > " ~ l 0( 0 ~ f.,.>J ='_=."<._'''~~ ) .~" I ]l-::~ Ii ~ '\;;'::-~"-j-,/ r -~, l f::::'-. I li , '''''i;LtL/-- . / ..'.1'<'-.>.,,:.:.;;;;-_., .....1 ~) i U '1 ", I' . ~~~~ "'I:> r---/ ---- ---TI ~ r 'l. '" f ': ) ~ .0m1~t~ ~_=~C~~:_~-~_~'~_~_~0_jl:~ I j ! ... __ __~",' ~". ,... _. -~-O_:::.\:\ /' ___._[ \'~"'''~:",,~'ffr 1\ _'<-----~// :1: (-:- I; Iii i ~\ I " 'ihi i~l~ I'__d~ )';\ ~', \:, ~ II ~ I 'II _ 1'".> "'..i />:/; r,;C'il C~~_.C J c:~r;;- ~~~l~. '1' '1,,"'/ A.,,-,' ~ i ~ I, ~ >>'. (; ii '/- ,1, \, f I II '- --1 r I --I; , I .cell I'; ~ . , I -----'--I- ,'- I ~ ~ ~ W " .. z W '" . -'I ~o~: '-' il ~ I ~ ~ ~Jli~ =r .... -='r-~ I !-T~lT~1 --', r I ---r-'Fllr-- I --I f , I i I ) 1_ I -:f't 'I!,! .0 ~i~l' ~ t!U ~ I ~ ~~ ~ ~ ~ z 2 I " C, ~~ r., :! ~~ ~~~ r'~ ~h ~~ii "i:J ~'..~ i!:t;; [~" . j , 1- r I, I ! :1 - ~ 1 MAR-20-07 TUE 09:56 AM 1 516 922 Bget1ea Item No. 8e. 01 June 12, 2007 Page 46 of 123 TO THE COMMISSIONERS OF COLLIER COUNTY: DONNA FIALA / FRANK HALAS TOM HENNING KAY DESELEM, PRINCIPAL PLANN~ V FRED COYLE JIM COLETTA FROM: RITA EREDICS DATE: MARCH ~3, 2007 RE: REZONING OF GASPAR STATION PUD (FORMERLY STILES PUD) THE STRAND OFF IMMOKOLEE ROAD OVERDEVELOPMENT ON THE GASPAR STATION OUD WILL CREATE THE EQUIVALENT OF A BLOOD CLOT ON A MAJOR ARTERY. THE INTERSECTION OF JULIET BLVD AND IMMOKOLEE ROAD IS ALREADY OVERBURENED BY WALMART TRAFFIC AND THE SIX APARTMENT BUILDINGS KNOWN AS SUMMER LAKES. THERE ARE 20 MORE APARTMENT BUILDINGS UNDER CONSTRUCTION AT THAT SITE; TARGET IS UNDER CONSTRUCTIO~ AND THE PICTURE FACTORY WILL SHORTLY OPEN. IMMOKOLEE ROAD AND JULIET BLVD CANNOT ACCOMMODATE MORE HIGH-DENSITY BUILDI~GS; THIS WILL EXASPERATE THE EXISTING TRAFFIC BUILDUP, NO HOTEL SHOULD Bf ALLOWED ON THIS SITE, THE DESIGN Of IMMOKOLEE ROAD AT THE INTERSECTION OF 1-75 PROJECTED THE SMOOTH FLOW OF TRAFFIC. JULIET BLVD IS A NARROW STREET THAT IS ALREADY OVERBURENED AND THE OVERDEVELOPMENT OF THE GASPAR STATION PUD WILL CLOG ANL iMPEDE THE FLOW OF TRAFFIC. PLEASE DO NOT RENEW THE COMMERCIAL ZONING UNTIL THE APPLICANT PRESENTS WHAT IS PROPOSED ON THE SITE AND ITS PROPOSAL SHOUL) BE LIMITED TO LOW-DENSITY USEAGE. PLEASE NOTE: WE ARE CURRENTLY OBTAINING SIGNATURES ON OUR PETITTO~ REGARDING THIS MATTER AND THEY WILL BE FORWARDED TO YOU. MAR-20-07 TUE 09:31 AM 1 516 922 31.. 1 0,-1 I;:>. Ps '" 1 i--\!-j8flu8 .Lm No. /j , .June 12. 2007 Page::17 of 123 TO THE COMMISSIONERS OF COLLIER COUNTY: DONNA FIALA FRANK HALAS TOM HENNING FRED COYLE JIM COLETTA FROM: ROCHELLE DOWLING KAY DESELEM, PRINCIPAL PLANNER 1/ RESIDENT OF THE STRAND OFF IMMOKOLEE ROAD DATE: MARCH ;lb, 2007 RE: REZONING OF GASPAR STATION PUD (FORMERLY STILES PUD) I AM A RESIDENT OF THE STRAND OFF IMMOKOLEE ROAD DIRECTLY ACROSS FROM THE ABOVE-REFERENCED PROPERTY. I UNDERSTAND ONE OF THE PROPOSED USES FOR THE PROPERTY CAN BE A SIX STORY HOTEL. THIS IS MOST UNACCEPTABLE AS IT WOULD GENERATE TOO MUCH TRAFFIC IN AN ALREADY CLOGGED ARE I.E. SUPER WALMART, SUPER TARGET (YET TO BE BUILT) AND AT LEAST 20 APARTMENT BUILDINGS (MOST OF WHICH ARE NOT COMPLETED NOR OCCUPIED YET) IN SUMMER LAKES DIRECTLY BEHIND SUPER WALMART. ALSO, ANY BUILDING MORE THAN TWO STORIES ARE NOT IN KEEPING WITH THE REST OF THE AREA"S ARCHITECTURE. WHEN ALL THE AFORE-MENTIONED PROPERTIES ARE COMPLETED AND OCCUPIED, THE ALREADY CLOGGED IMMOKOLEE ROAD AND ITS ACCESS TO 1-75 WILL BE IMPOSSIBLE TO ACCESS. THIS WILL ALSO PRESENT A DANGER FOR EMERGENCY VEHICLES FOR THE RESIDENTS OF THESE APARTMENTS AS JULIET BLVD. HAS JUST ONE WAY our AND IN TO THE PROPERTY. I BELIEVE THE LEAST INVASIVE USE FOR THIS PROPERTY WOULD BE A TWO OR AT MOST THREE STORY OFFICE BUILDING. THIS WOULD GENERATE THE LEAST IN-OUT TRAFFIC. ANY HIGH-DENSITY USEAGE WOULD IMPACT US AND OTHERS VERY BADLY AS FAR AS OUR SAFETY, QUALITY OF LIFE AND VALUES OF OUR PROPERTY, MANY PEOPLE IN OUR AREA CANNOT SELL THEIR PROPERTIES BECAUSE OF WHAT WAS PUT THERE ALREADY IN WHAT WAS ONCE A LOVELY AREA. I DO HOPE YOU, THE COMMISSIONERS, WHO ARE ELECTED TO PROTECT YOUR RESIDENTS WILL ACT KINDLY AND WISELY ON THIS REZONING AND WILL NOT REZONE WITHOUT THE OWNER BEING TOLD WHAT THEY CAN BUILD ON THIS PROPERTY -- HOPEFULLY, A LOW DENSITY USE. THANK YOU FOR YOUR KIND ATTENTION TO THIS MATTER. I KNOW YOU ALL WANT TO PRESERVE THE BEAUTY, QUALITY OF LIFE WITHOUT INHIBITING GRO~TH IN A PROPER WAY IN BEAUTIFUL NAPLES. PLEASE NOTE: WE ARE CURRENTLY OBTAINING SIGNATURES ON OUR PETITION REGARDING THIS MATTER AND THEY WILL BE FORWARDED TO YOU, , Agenda Item I~o, 88 June -,2 2007 Page 48 of 123 March 22, 2007 Ms. Kay Dcsclem AICP Principal Planner Dept. of Zoning and Land Div. Review Collier County RE: GASPAR STATION PUD (ALSO KNOI.JN AS STILES PUD) Dear Ms. Deselem, Attached are over 113 signatures on a petition to the given to the County Co~nissioners at their hearing on the above property. The residents of the Strand have signed this petition in opposition to any change of zoning that would allow a six story hotel or any six-story building or any other use that would increase traffic on an already highly congested Immokolee Road. We have a super Walmart, many apartments behind Walmart (the bulk of which are not occupied as yet) along with a super Target not yet completed. The residents are reeling from these buildings and once all is completed, just these will saturate us. We don't know why the owner wants to change its name, but if it is to allow more dense use - IT SHOULD BE REFUSED. WE ARE SATURATED. Our homes have lost its values and many residents are selling and have been unable to. We resent our quality of life and our homes being devalued to please absentee property owners, WE FEEL THE RESPONSIBILITY OF THE COMMISSIONERS SHOULD BE TO ITS RESIDENTS. A small two or three story office building would be a good use for this property. We look to our Commissioners to act in a responsible manner on this zoning. We do not want to have to go further on this but vie will. Kindly present the petitions to the County at the appropriate time. WE all thank you for your kind attention to this matter. ','! )v, " j , i ,v , '.A Most sincerely, 6f:J:,(k,. :Jd~Q Rochelle Dowling for the residents of the Strand. Attachments: 9 RECEIVED :"~ 2 2 ~p f' .'\' 1 -T } 0 )\1 PETITION TO COLLIER COUNTY' COMMISSIONERS REGARDING GASPAR STATTON prlD ~MERLY STILES PUD REGARDING PROPOSED REZONING AND USEAGE. Wt; lHt; RESTDENTS-O~FF, 111MeK-e-J:;EE--IltViJ-0B-,JE€-T-'f0.,?l.NY. ZONING OF THIS PROPERTY THAT WOULD PERMIT A SIX-STORY HOTEL OR ;'lI'1ILAR ];uIt1JtN~N THIS SITE. TUE INTERGECTION---el"=l{J-bI--E'f-BL-VD..AND... IMMOKOLEE ROAD IS ALREADY TOO HIGHLY CONGESTED, OVERTRAFFICED AND A1'l'N-llGEI USEAGE WOULD It1rED~-EH-ftrhE..s.------w-E-G-gJEGT...'I'O-- ANY REZONING WITHOUT THE ,OWNER DISCLOSING WHAT USEAGE OF THE PROPERTY Agenda item !\Jo. 38 June 12, 2007 Pa)8 ~9 of 123 DATE NAME ADDRESS ~. _~ _n_ -5'-/'1-01 -----L-_ nO /...-J/IIO":5 '3\{!J'Q.... d0L " I L_._..._ ::JJw kif/:( If II , - - ;--....--- , ( .. ,.r:r' I" "(' ". ;""./9,,'rr/7o-:--, _.._..._..__ ? 0 6 ffi~ lMr..J)~/()~.1 'lO/L '_0___ 57 1:<. T tf.rLGb- n./ ~{::lQ I '* J r2_'fo.~_.__: 'f".f-'iJ'1 7Ifh'<).:rI"~'Y O~: vt~.S<1) L.___. 'iiiII1 /iy ~t,!;~- 6J' c:: c? VJu4 "L~........ AZ.,. #,'5 <' / ~101 ~~#Q~of/o-.~-~ ~ ,~'iS.8 ~ ~-,,-~zr: _ '-<-{. 1;)'1/ #- / ;;<. () cf-- .._ o rt J-ff );(~ ~ r11-0 II / ~.v..t' _.__ SC, 2-0 '-C~oe- I,.~ 0 ~-VJ==tE~ S~ 2.0 \ Qoy\. k l.0 ectt-?: "/So It ;-/;2/u;'7' __ .__. -11= / ~D-S:__ 'TWI'LPr 11 /6d3____ :ii;'l'/;)r -~ 1/)02______ 7J,1-~'" ~'I>rV :J))~ I( i7ti L___._ 5'J'17 .r8''i fa s-s:'GJ <'( iJ/"'/ J//3 1f~,~_M#J.bO {__- r Agenda Item No. 86 June 12, 2007 Page 50 of 123 PETITION TO COLLIER COUNTY COMMISSIONERS REGARDING GASPAR STATION PUD WQRMERLY STILES PUD REGARDING PROPOSED REZONING AND USEAGE, .-...---.---wE-TnE'"'R'ESTDENTS-OF'4'ItE-STItAN.D-e-F'~MOKOtEE-B'l:;VIl-0B,j_Ee_T--1'O--ANY" .., ... ..-- ZONING OF THIS PROPERTY THAT WOULD PERMIT A SIX-STORY HOTEL OR _______._._S1MILAi\-B1J1J:nTN~N-Ttli..g--g-I'['E-;---'fHE--I:N'r-E-R-S-E&T-IO N-0F--JULl ET "BiND-AND... IMMOKOLEE ROAD IS ALREADY TOO HIGHLY CONGESTED, OVERTRAFFICED AND --'''--'---'''-A'NJ:tl~H-\jg'EAe-~Wo-l:ltl)-I:MPEf) E-EME;P;&EN€..y..-V-EH-rGhES~-WE-GBJ,ECT-1'O.-"'__""" ANY REZONING WITHOUT THE OWNER DISCLOSING WHAT USEAGE OF THE PROPERTY, - ._._-~-~--_..-,-~._---_._._---" DATE NAME ADDRESS '-"~3'71-v 76l --:::{~-~r;;;:;:)' -. ~~ q! (, --;:;It:;;,'~;,-::r(;~ (P t) p~;(~,-t:,~:h_/j{~) ..--...--.-. ~ . __. '-i~[;;~-:.~!-7JirutJ~!~ . _,t;?JI /I}t2e-e:k0" I1[J!!Like('!~ll/.){~= __. :J.ll~:;Q~- _~7ud#~L tt)!!:.-::&-"",?-. ((l:t3 d;w,,/A/'a.{!e.h_2!!{C(t,~-, ,(,/:~~.... .._ --;i~l..~-- 2" \ \ " UL c; 'iiY:G ~;Ji-'(~}L-'~"" I'...... ,". .~/o/d2_~_ .. _ S:<iF?J .. ,Uitd;~e.L~~~q- __ ...........mM..AfW tJ'I.l!l.~~'::;:.:.... S'7 .)35 0J\d iJcd Jd.oJ.3.fliP..}Ji1'2).,fs'LL'!..ilJL ..-. q"IL;)'~''''\ "'- 1\1\ ~,,' ._-/ 6901 V '~,' d_~w+~~.J~;c,',1t,J,00..&"" .-,-::I..~,:.J'?_~:J____.c' ~rn~, ~k2~.f1J rl)ft1/1I~~l.Z~iJ.~.:1J?~__:)11~ 0 ,n'" ,. ;l~"Qi=~~~i;~:t; . ;~"O .~~!~Lrl~;;J.f.~;;o_ . ~ lil. )Ll_#~~-([_.- C 'h~ 1 A ~A.:f<>l" It L ~JI'_,(. ~ -f~US) .. --..-- . .1;~~t::J::;-= ,G"J; ~::;~tf~:iLC?'4UQ . JU.\/ j..f3: .~ ~~..u' , -5 ~ y-o S~Xy~iJ:;j~f~f(J~t ~'2n,?fll~ I ^iI /'Z ':;, "') ['II 1'1'11" ,0(\ n ' r\,;" [I' 'I ., , ! .,.::d/L.J:;'(L ' , ...t!'/ .,\0Ayft)K, I~~I,~).;\"?;,:\- )')},L" 'Q. LI')(>-J:)J;)=.~-:i7S!!~I{';fl(~.d}c;!!(J ! n~il_:l~!7J.J.._(y~4./~fP{Jwd;~j; c' c ~,~~-dJ':)UL_~J...jlc;5I{)!!) ~l{=zl(?_ nn..~~'~ ..f~ e~~L&:/;1 Q"o~tl~~I'C ~2V .tt~ 9n:~i"'-"~), iM"lf"/ll~''... :3.1;;:',.. 'i;'I~': .].1;L..QUlC0::11!/i..{,//<bV ) U./} I" !-PA,l,.(( -"f ,,5''l.1J21,;:t''(~,(4<i...:"..'::.,~~..li!.Cy1Jf:;?L::'{J .~.2~--=--.1.+ At.wv' ~iMA.~-fb:\tlJ ;) 0 yj C!;(AM..'" ,Wt~t, lk\i ';#/,i,,-. ~ 'i2~'!~h~.~,~LIQ__n _--J.~L!:n:..!2J. ..J;;fJ "J ~fdJj~i( I( rfl f{ (J (\, '''J 5 ~- t/ J 5 It ~ lL lStTx, 1 t Ii J~LIJ AUr;~:),_~~'1 Jp. n 7 ~~2:-.:,q.L ;6J ~ -~~ ~~l/ 5ih::.fr'.I4'..e~..lJ.'!!%2.(l5 _~t!L(j--.. .),/ 11'0 I ]\,,~ ,/ ' , I ~t; . /, 1'/ A ~ A ii' . ,,' V:1.LfJ"xt.tl11fr Ie "/;(;/:;1)/; P firi... ;~) ,!!!cJ,(/AIZ re L:'AI--=~:l()....?~/..__...n.?.. '1 nlJ ". ,.! - ---~_._-- _.._~~--~.-._~--_._.. .-.-- _.__......--~------ - -- _.__.---~-- DATE ~i~7 I..> ii,,", if. 3/1\~f ..~l~ . 2>/1'"" 3!1:Z . i, !,~ uri..'..... :"1. , II 1/ 1/ ,l\.,g'::;nda item No. 8B .June 12, 2007 Pa'd8 51 of 123 PF.TITIot~ TO COLLIER COUNTY COMMISSIONERS REGARDING GASPAR STATION PUD WORMERLY STILES PUD REGARDING PROPOSED REZONING AND USEAGE. -WE THE' RES IDENTS'OF'THE-STRA N D'OFF'IMMOK0LEF. BLVD OBJECT TO . ANY ZONING OF THIS PROPERTY THAT WOULD PERMIT A SIX-STORY HOTEL OR . _ SIMIl:AR" RUILDINC'0N4'HISS ITJ<.~--THE'INTERSECTlON OF JUB ET BLVD AND IMMOKOLEE ROAD IS ALREADY TOO HIGHLY CONGESTED, OVERTRAFFICED AND . .'ANY"HIGHUSEAGE"WOUI:D'IMPEDE" EMERGENCYYEHIGLF.S. WE-OBJECT TO ANY REZONING WITHOUT THE OWNER DISCLOSING WHAT USEAGE OF THE PROPERTY. NM1E "-Ziz';'/!;' ....-.-..- .._. - 0... LO/0/(/ __..m.____m__ ,) /~ .. ':?)~..(~/~~:..:'.-::'_:. .... !~,_?;~/7!&?1<!,l5 ii-.A, rA'-'.?.L ,.:f e I- /1 "') / .. ._,.__.____-'_~__" :.~_~__ ..::_,,__.~___::.. _\k)~?litfL__"._.___ . .________. ADDRESS -,j'(1 u j'. . ..m/, 5 ? b'd, ....-.------- 5~9~ _.._.6<?~ I _~~_ a ",."10 ! ... ..,-".~:__f4__~?l .. tfl4tCLA~ LtI /3~!I) BAR<..I ":"j . LN 3Y/lv .... BA'('~Ia.r LVI 34-rlO . .7~tlf'{ I/JJZ ' III lfy'y3 II tJ!WI 14//e (;~' ,?o t/j L-:~:-I 0" ,-; 1/. V i./q (T. . P" l(~/f< 5A-Nh fl(},a ,fA #- 3e;7 , t,."(l /' () ,-; ,. J ./_i.)__-J~_...J.h:,J' f" ". f' ,J' , ,\.',' ",. ._n._....L.+'_' , . "ryr,;.,/ i.) I,. ,. '. --tl ^, ,8!3 to ~w<e)~!) fJlc.;c) i;"t3 j' ,(, ,,~ 1\' .' .' { I (I . .. ..m__~_~'._::'_ J,___~A/\7.l_ ~~~ee e- c.t~ G;'O(~..,.. \,.r . 5.~U~L (Ui1/JfJ/l~{ Cf ..u<; ~)':'"/~"./tJll70~7J'? Z' 1 i. .' uS.LTc'> iAJ h/':)f'C ,rV..) U :)f Cr i~ r Agenda Item No, 88 June 12, 2007 Page 52 of 123 PETITION TO COLLIER COUNTY COMMISSIONERS REGARDING GASPAR STATION PUD waRMERLY STILES PUD REGARDING PROPOSED REZONING AND UStAGE. '----------\iT~THE-.RESTD'ENTS-Or_THE_3'l'R_A_N_r)-__eF'F_r_MMOI<tOl:;EE---BtV-D-O BcJEGT---T0--ANY--- , ____h ZONING OF THIS PROPERTY THAT WOULD PERMIT A SIX-STORY HOTEL OR ------------STMttA'R-BUt'J:;!)lN~N_4.'Hi_s_s_I'l.'~E_I_NTE';R'5_E&B:0N--8F___J Ub-l-E-T-B LV D-AND-----. IMMOKOLEE ROAD IS ALREADY TOO HIGHLY CONGESTED, OVERTRAFFICED AND -------~---A_Ny___H~lJS-j/!AeE-WO\tJ:;D_I_MPm) E-EMERG-ENC-'l--VErHI-GhES-.------WE--OHJ EGT---'fO--------- ANY REZONING WITHOUT THE OWNER DISCLOSING WHAT US;tAGE OF THE PROPERTY. DATE NAME ADDRESS 6%17 {.,J;"'Y:'A.,-u;;:tdiLQ1.~f-________ __,__ i>1g.~~~Jd~ O=TCj (U t6J tnc:L ~g__CXC__ ---\T- -s if () tfwt2cfe_l..w4j-2 i IJ}_.__________ _ if r;5 ~___c;,- fj~JJJ)..a.QL:€__ L!r1_~d ;.- S''');\ l i\i{t"~JlCi_lA<DJ--~Z.9(;)3_--h--- :f t/;~:A~~~~t~?~~-~-- bC:>D7 ~~_-Sh:.---f-5(~-- __ :J..1/J::LQ_'-L_.....s1S r;,;tttn..v JHI..J.LL/ -."-'f!1-~Z~-~?tc~~h~ ..._iLL.. ~- dl!}/LL_~7];dd--"6ret1MY _ 3~ !~:.9 L_-.2!--1~__~9!Q l/.s;Jsf--' -l.~J'kiQI-~~\c~...~'S - _J.jL.2..~Z \);~d r-;::e.J IS"", / j~:t.bL~e~~~ -t-Q 7 " ~:<... -I I ,L,;:enda Item ~,jo. 88 June 12 2007 PEl.;Je 53 of123 PETITION TO COLLIER COUNTY COMMISSIONERS REGARDING GASPAR STATION PUD WGRMERLY STILES PUD REGARDING PROPOSED REZONING AND USEAGE. ---~'--'----WE"lTIr-R"ESTDENTS-OF4'[1rsTRKNIT-"frp-p----'tMMeK'l5l:;EE-' B-]"VD-G B.J'EG-T-'TG--ANY--'--' ZONING OF THIS PROPERTY THAT WOULD PERMIT A SIX-STORY HOTEL OR --'-STM1tAR-I)IJ1I:;Dl'~N-nI-r-S-S-I-'l'E . 'fHfr-I-tff-E-R-S-E-G-T-I-GN-0F--;;J-lJL-l-ET--B bV-D - AN D--- IMMOKOLEE ROAD IS ALREADY TOO HIGHLY CONGESTED, OVERTRAFFICED AND -----.-------P;Ny-[1-reH-U.S.EAG-E-WOtJJ:;fr-I-MF-EiJE-EME-R6-E-N€-\'-V.E-H+6bE-&~--- WE-GBJEGT-1'O----- ---- ----- ANY REZONING WITHOUT THE OWNER DISCLOSING WHAT USEAGE OF THE PROPERTY. DATE NAME ADDRESS -- -c3/;~/x- \!)Ib-1eJ-1r !5 a~f-9_1 ( ~ 9/11..</ ,_. if:'f!; Ij::;L#:4~!i~ ) cJI\/tW-. "r II k JC'-\<lA .lA, 1'-<" f; 6__'_'__'-I_._'_!..___ __!.f, Lv , _.3/L_?:0-'-_ (~; f!..jJ~_, )I.~_ ;Jell i I " ,U',. :':;;( (;.( ;t;{ ~(~~.' ''"-'fl~.<:n._. it),,., .//:.1:1()IT~')'\.-~,k;:/l:_,,~j ,-f!~_.I:{O'_9_____ .....______._. ~!, I '- "-.II' . '. _ !. C I _ \ -1 ' - :1. . \'-', . '- -14' J F- ,;>' _""j.';l-..JQ.L_lj::Y;-V le.;) IT.) I\:\.\,~ ub,..-oJ-' i,iA::L', ['fllf :);"1 Y!:~ fa IJ-li'i_p_ ",_?+--~-/i)!"- ?J/" 1""7 '/-'-'., / ,;;- 17-; -0 ,/' ,-r JL.T)., I' fl ' 111 ~ "'i' !I \ _21.l3:JkJ'.I[~'?6J.D7 /-tY. !..~~ t;7'"""''rV\_' L: e)!-;( {J;~~\J.~ - /[1t)!lli~__) J.!L -j#01iL-t~,WrF L~ . i,q"~:/tv I~_l7{<'It ..~.. "~pel, 3!,iL~ :::!f:l ~~ ~ -"~ ~ " _1!L_'d/f~L,,!~_l,un_- __lYt2, 1<77 ....;~ "/ _~ ~_..2.L.Lt2_ filftC.,.,L /";-7>-- /)r /lcf?~ M3/!':u"Q-7 _ ~~y ~~J.-cJl.J ..' GP73 ~L~o!~4i_IJ)Il.jUpk.._ _~~~.z -e.~~ d a.-~-<-<._tJ;y:.!JLJe J;;~J2L~ 6O)/_______m -m-L7-l1 1l?l/:J2//(/)I}:1. ". ,IU~br ;Y/&';1tf?..!/-M. ~l:;t;g'4?5' _.J-Rjn..f~ ,. - " ( 0 ? ) f; riM ~ II p 1idp.i!.~,Jy( ~~Jf(L ~iJd,! ~?_,~'<:h$'F'/4'CU"aJ,z&)--d,~~ 6('):;;/;> ?:u.y/cy LJr>, ~o (L3_t/yj~rr1... 5-0-< 1 ~-W.'~ ;"'7:.........'leJ. O~~/?_..Gv;;J( &./J4c;/:~_.-L;1.~?-:',~('if?2~,k I / . ') ff...e:t /- ~-. ft ."3.:- /.:2 - 0"1 r-_~' (r/ ,MAr""- . 4~ ()0m)mm &;-:~,~';.ru_=-:1C~Q?:.f-=:'i{SL~?'" ..... r Agenda Item No. 8B ,June 12. 2007 Page 54 of 123 PETITION TO COLLIER COUNTY COMMISSIONERS REGARDING GASPAR STATION PUD FcrR~ERLY STILES PUD REGARDING PROPOSED REZONING AND USEAGE. W~ Hl!'; t\!';:>IlJE Ml:7~-J:;eE-B-I:;V-B-0Bof;e'f--'f0--ANY--'--- ZONING. OF THIS PROPERTY THAT WOULD PERMIT A SIX-STORY HOTEL OR & I MILAR M I ~N-'ffi 1:3 3 I 'IE . 'PilE I N'i'E-R-S-BC---'f--H1N-ElF--3tlb-l-E'f---B b-Y-D-AND.-- IMMOKOLEE ROAD IS ALREADY TOO HIGHLY CONGESTED, OVERTRAFFICED AND ANY InCH USEAGE WOULD HlrEDE EllERGEN€-'f-J/EIlICLE-&-r--WE-G.g~l'G------- ANY REZONING WITHOUT THE OWNER DISCLOSING WHAT USEAGE OF THE PROPERTY. - DATE ADDRESS --'';':''': :i: Aoenda Item 1'>10 88 ~, June '12. 2007 Page 55 of 123 PETITION TO COLLIER COUNTY COMMISSIONERS REGARDING GASPAR STATION pfll) ~MERLY STILES PUD REGARDING PROPOSED REZONING AND USEAGE, W l!; 1 H lO KES TDENT 6!ffi-[;E-E-B-tviJ-0B-;:Jf;G'f-'F0--ANY----.--- ZONING OF THIS PROPERTY THAT WOULD PERMIT A SIX-STORY HOTEL OR SIMILAR BUILDIN~IS SITE, 'filE IN'PER::JEG'f-t-e-N-eF-d-U-b-l-E'I'---Bb-VD-AND...- IMMOKOLEE ROAD IS ALREADY TOO HIGHLY CONGESTED, OVERTRAFFICED AND ANY HIGH--ttS-EAGE we-tlLD Il1PfrBE EtlERGEtlCY ~b-ES, WE-GBJ-E-GT-1'O------- ANY REZONING WITHOUT THE OWNER DISCLOSING WHAT USEAGE OF THE PROPERTY DATE NAME ADDRESS ?;" ~F I \~ re -c ~bl'::L~_ -I~:=_~_~:_~- td 1- c~c 1..____ .n"/LO'.!._ .,"J/) .. 'rtt~ _ .,,;<,c~ A>" "1 ~ \ ~ -'I- n V\rc\ ' :\ 0,.. v-\ 9''/ _-..:...;i." i: r Agenda Item No. 8B June 12, 2007 Page 56 of 123 PETITION TO COLLIER COUNTY COMMISSIONERS REGARDING GASPAR STATION PUD ~NERLY STILES PUD REGARDING PROPOSED REZONING AND USEAGE. W~ TIl~ h5IlJENT Metffi-l:;-W-i3lNB-0B-.7-E6'l'-'P0-A'N-Y-.',--.--- ZONING, OF THIS PROPERTY THAT WOULD PERMIT A SIX-STORY HOTEL OR 5 I M!tJl;1\1ltJ'tt:f)TN'(H'JN-'i'HI 8 SITE. THE IN1'ERG ECT-fOO--f>F--d-1:J-bf-E'f--BLVD-AND- IMMOKOLEE ROAD IS ALREADY TOO HIGHLY CONGESTED, OVERTRAFFICED AND ANY HIGH U3EAGE WOULD IHP-EfrE-EMER-6-EN-6>f--V.E-1H-GbES. W-E-Gl',J-EGf--'rG-----,--.- ANY REZONING WITHOUT THE OWNER DISCLOSING WHAT USEAGE OF THE PROPERTY. DATE -L 9' JPIf-/2, . " .. _._- 1,1 U. t,t 'f if, " I' 11 1\ II II ~ ~f)LJ1 SE7CTe/y Je--P \)ecc.h L'u J M--j '\f?( It j..J c> fJ I ",~{IIJ~ t...~ I 5 TE::P(-./ eelv' ...J, t1 WIN c:..f p.(L I v\ ADDRESS 517/ ;,??,,P'!,~ !J,e" /cfC?_?-________ <') '76 '7 7kof ~ J)VICH. -t1-- L '793_______ j;.''17 '7 cTP_{J rl:t-f t> k.. -=# I b () /__ S7 <; 'I T ~'-')11.,,7 iJJ I J(f4-:j (?~__,_ , Cul. ':J 7~ 17 ptf-.( Y 0111 V t: .;p '3 1/ 2- ...____a._. __._ 1 ~ '-r .t\l~ -w IttL)___ ' :;~ l., '3, '~M~'!-,\{ ~"__:20_Qj_m 603 I 172oCd'! 'J)..e. ..::J!J.-Ocf -'~"': " b,aenda Item No. 88 ~ June 12,2007 Page 57 of 123 PETITION TO COLLIER COUNTY COMMISSIONERS REGARDING GASPAR STATION P'''' ~QRMERLY STILES PUD REGARDING PROPOSED REZONING AND USEAGE. 'WETHE-RESIDENTS"OF-'THE-STRAND'OFF' IMMOj{OLEE BLVD' OBJECT TO ANY ZONING OF THIS PROPERTY THAT WOULD PERMIT A SIX-STORY HOTEL OR 'S IMIl:AR-BUILDI NC'ON-"fHIS- S ITE',---THE INTERSECTION OF, J ULI ET BLVD AND IMMOKOLEE ROAD IS ALREADY TOO HIGHLY CONGESTED, OVERTRAFFICED AND --ANY-HIGH-USEAGE WOUI::;D-IMPEDE - EMERGENCY VEHICLES . WE OBJECT TO ANY REZONING WITHOUT THE OWNER DISCLOSING WHAT lISEAGF. OF THE PROPERTY. DATE NAME ~:;~:77 .fl~~f1;i:=___.__. }.,( 5-0 'uf~_(~~"'<<P.Q___ _ -,___S:f7j)71L~.~~Jfjf)~( ft;o<{- ~-:-~O?l:~)~~T:t~=~_~ "_____,_,,_ -5:_t'rl~:!ll. '"'?JtJt< I'I//!/f~~ '" (,fJ,}LII('DPI(. y DR. ,*,' j {)J ADDRESS - - - /! ' h .r-fJ3-"4 - - 1,0/.5, '/(1.-:"(14;Jb., 1IJ[)3 3'/;16 I I I I I I I I I I .. .......--.--.-.- -..---..-.----..-......--- ---. '-'--.-----.-... '._ ._'n.___._.._ _ .._.~_.. .. ---_._.____....n._ .~_____...._..M _ ....___._..___......__ __ _._ .. _. ___.._ ._ -. --...-------.------ .... -.,,--------- .--------.-....,.- -..-.._________..._ ___n___.._..___._.__.._.__ . ~It,:_i~' . . - - Agenda I Ju pag I ,. ORDIlWlCE e6-~ IJl OI:DIlWlCE AIlENDING ORDINANCE 82-2 THE CQM- PREBE!lSIV!. ZONING REGUI..ATIONS FOR THE UNINCOa- POIlATED AREA 0' COLLIER COUNTY.. FLORIDA BY AMENDING THE ZONING ATLAS MAP RUMEER 48-26-9 BY CRANCING THE ZONING CLASSIFICATION OF THE REREIN DESCllIBElJ REAL PROPER'!Y FROM A-2 TO "POD" PLAh'liED UNIT DEVnOPllEllT J:lIOIIII AS THE STILES CORPORATION lOR t 18.7 ACRES OF INTERCRANGE COHMERCIAL USES (MOTEL HOTEL, RESTAURANTS, ETC.) FOR PROPERTY LOCATED ON '!'HZ soum SIDE 07' IMMORALE! ROAD. AJlPROXIMA'I'ELT ! MILES WEST OF 1-75. IN SECTION 30. TOWNSHIP 48 SOUTH. RANGE 26 I:A5T; AND PROVIDING A1f EFFECrIVl DATE. " => ~ ~ r- C') ~: r;;r-r ~mr- " := i:: :~.... x ::'2."-- <:~. n,l ," '" ?J "' m ." n , '" 0> ''-. ~ :'i C' '" <- ,., ',:; F~ '. WHEREAS. }Iilson, Hiller, Barton, SolI and Peek, re.presenting the StU.. Cot)'.orat.1on p.t:l.t1oned th_ !loard. of County C~1..1on.u to change the ZenicS Cla..lfle.tioD of the herein dur:::r1becl real j proparty: Naw I 'I'RDLFOU BE IT ORDAINED by the Board of Cotmt1 eo..r..lonerl of Collier County, Florida: . .t I' SECTtml ONE: The Zoning Cla..ificatioD 01 the herein d..cr1b.d re.l property located in Seccion :30, Tovn.sblp 48 South, hnge 26 &ut, Collier , , ,County, florid a h cbansed froa .1-2 to "POD" Plam:aa4 Unit Developmant in accordanca witb the POD document attaehed hareto .. Exhibit "A" which 11 incorporated.harain and by reference ..de part , ' ~ r'o " ~. ;".; .' hereof. The Official Zanins Atlae Map Jumbar 48-26-9, as d..cribed ,i'-'J ,"', in Ordinance 82-2, i. hereby ~.nd.d .ccor~lngly. SECTION 'IW: -I:,:r- ',to Tbil Ordiunr, ahall b.c01D& affective upon racsipt of notice ",tbat 1& hu bUD fUed with thl Secretary ~f Stat.. .~t\l" " DATI: ., ,\ .'j .', !~. )--;C~~:~\cl,,~I\:J~h1~";:"~'. BOARD OF COUNTY COMMISSIONERS ' :,.'.~ " :,'" , COLLIER. COONTT,(]n.oa::DA~' - ': i\,\:'~;h f!!J~ .;:,~lr~'., JiO'-. . . . '.' il\l,. -7.-:-0:1 r.;y;~.. . , r;,'~,' r7~~(,~;! Q m. ,~ .< '.J: ~ 0 :J:: ..:' i",'" J'.. August 26, 1986 ...........;J ,. .;tTI~~D .O~" . """;I~ ~:F .;:...."'~J .... (~:~.:~..;;ez,~. CLERJ: :a f~~...e or./o;__ ;;~...7~:~'" ~ i~. "." - : ~ s. ~. "~~'.' ,:,/: . . -" . . . . Thfl ordJnonee ftl.d wlfh ~ , "'", -.:~ \~""{,.'.." ':1. .. '.' 's.:_ryofS'i""IOffJ<:Vl1It . '%.1' '~ft!,~. ,,'~:1OB>l J.ND LEGAl. Sum:CIEl'lC'fj&J:6.cfarof'-~tXlL. " "'~~"c; \. A Otld~~'thot """" ';';"$.~~"'/1" A..... :tZ.T~'I-oiod~~, /daf . I.. BROCX'A!lDElWN ~ '- By ,.... j"".....-~- . ASSIS'I'AN'l COUNTY ATTORNEY ~ IDD( 024 Pld84 co: ... " I-86-10C POD Ordi~Dce -.. ,-,-_..__..------_.-_.,._---,.,-""-~'-'_.._---'- .._._"-,._----,-_.,._---~.,,. - - - ~ ;" , " , <.'1. ;. i' .-1, " ;, '; .:,. " l: ',l .;1, .. ~,f . PLAlflfED Ul'fIT PEVBLQPMmrr DOCOMER'r POR STILES CORPORATION P!J.NNED milT DEV!:LOPIIllRT (p.e.D.) Section 30, Town.hip 48 Soath, Range 26 Eat Collier County, Florida ,~. . ~. -:;()' : , , 'i' 'i)' .-i PREPARED BY.. WILSON, MILLER, BARTOR, BOLL' PEEK, INC. EUGInEERS, PLAmlERS , LAHD SORVBYORS 1383 Airport Road Nortb Naples, Florid. 33942 ., :l'~~;:;J '. j~' " - -... ~. ~._...:. DArB DATE APpROVED Br Bce Auqu.t '2'.1986 .;.j',"" ORDINANCE NUKB!R 86-58 !' " lOOK 024 ",d85 "~( .., ~?;2;~ l~ t h"."..~' : ~j;~~.j1.~tr}' . _.l\:"...'.",..~..;~~. .....'" - r ld.::;" ~ih, .1., ,I,L",. ~'I'" ).,~ .'., .:.1:' "i .;~ ~ , '~~!~t~:~'-' "\.".,1 , /,:~. !~, ' t.'" , !. f J SECTION I SECTION II SECTION III SECTION IV - - - ~ List of Exhibit8 Statement of Compliance Property Description and Ovnership project Development Permitted Ose8 and Standards General Commitments .' 1001 024 p,,~ 186 - - ~ 11 11i ,-I 2-' 3-' ~-, ! " :" , ~ ~~;.. QT" J -_._-~_.._._...- - _:l,";'::'~!.....,_:.~.;;,:.:, ..- LIST OP EXHIBITS EXHIBIT -A- P.D.D. Master Plan, Aorial Photograph (WMBS'P Pile No. RZ-133, Sheet 1 of 2) EXHIBIT -8- Soils , Vegetation Map (WMBS'P Pile No. RZ-133, Sheet 2 of 2) EXHIBIT .C. Boundary ~ Topographic Survey (WMBS'P Pile No. 4L-389) ",; t~'~~~~.: - ..~. . ~. \", ' , . ,:~'. 1i lOOK 024 plr,r 187 '.'. ';;:;'. -, ~'_r,~' :,1 : ..~~...:O:;'..:;' ._-~-.._--_.~---_.._~- r , '.;", .. ;I.~."i.r-:... '~' 'j -1 - '. r/i.,' ~,.~.._:,~ '. }.t> r.....:: ,.f!: ~ "'t - - - - STATEMENT OP COMPLIANCE The development of approximately 18.7 acres of land in Section 30, Township ~e South, Range 26 East, Collier County, Plorida, will be In conpliance with the planning goals ~nd objectives of Collier Count}' a8 set forth in the Comprehensive Plan for the fOllowing rea&ona: 1) The 8ubject property is lOcAted wholly within the inter- change commercial node as identified and described in the Comprehensive Plan. 2) The subject property has the necessary rating determine the availability of adequate facilities and services. points to community 3) The permitted uses to be included within the project are primarily intended to serve the travelling public using the interstate 8yste~, and reflect the highest and best use 01 this property. .) The regulations and standard. for development of cOJUn:terclal uses on thia property shall be governed by this P~O.D. ordinance, aa required by the Comprehensive Plan. 5) The project developruent Is planned to incorporate natural syateme for water management and/or landscaping in accordllnce with their natural functions. , '~;' " ill lOOK U2<!.PI",188' - ! :i , ..:~,..; :~'J :'i'~ ' , ~,"'i'1 " ' '~~' )C>f,i '~.:;tl; ;, "".- - - ::' ,1~, '. :;"'1" ;!.,i , , SBCTIOK 1 PROPERTY DESCRIPTION AND OWNERSHIP 1.01 INTRODUCTION AND GENERAL LOCATION It is the intent of Stiles Corporation (hereinafter called applic~nt or developer) to establish a Planned Unit Oevelopmp.nt (P.U.D.) on approximately 18.7 acres of property located in the southwest quadrant of the interchange between Interstate 7S and Im.mokalee Road rCR 846), iIIpproximatelyl.5 miles ell:it of Airport Road (CR31). It is the purpose of this document to establish the standards and guidelines for the future develo~ent of this property. 1.02 LEGAL DESCRIPTION Hest 1/2 ot the Northeast .30, Township ~8 South, Florida. 1/4 of the Northeast 1/4, Section RAnge 2G Ea~t, CollIer County, 1.03 OWNERSHIP The l!Jubjp.ct property 1. currently under the ownership and unified control 'of Terry If~ Stiles, Trustee, 6400 North AndrevB Avenue, Ft. Lauderdale, Florida 33309. '<: /i;'::'o'~": ;' '-':'. 0\ ,.," :i.._~': ;~J < , ,- . '., '" 1-1 .~ IODK U2~pm189 -:~"'- . . \."{,.':' :'.:1 " .!' '.1. ".; - ;!'€"}b~' t'; ,~~L: ~ " ~,' ;~.;;.;.,_:,l;.,:';~",f~ i it'.t"""~"i',"\ {'iri~j:}~/J;' " J~tv':\:;' ,,' ~~. , ~ I', ~A_:. ~k ~..;':- ~.d j;~ " ,. ~ OJ'," ','-1",' t.: ~ l.I SECTION II PROJECT DEVELOPMENT 2.01 . PURPOSE of this SectIon i. to generally describe the development and delineate the general con- vill opply to the project. The purpose plan of the ditions thet 2,02 GENERAL PLAN OF DEVELOPMENT The project is a planned interchange commercial center in- cludln9 a mixture of interchange oriented commercial facilities, and water management related elements. The P.U.D. Master Plan, Exhibit -A- is attached. 2.03 COMPLI~ICE WITH APPLICABLE ORDINANCES The project is intended to be in substantial complizmce ."lth the applicable Collier County zoning and Subdivision regulations as well 4S other Collier County development coCles in effect at the time permits and/or plats are re- quested, except as noted herein. :2. 04 PAACTIO~IALIZATION Of' TRACTS A. When the develope"r sells an entire Tract or a build- ing pa~cel (frac~ion of a Tract) to a 8ubJequent owner, o~ p~oposes developuent of such property himself, the cleveloper shall pt"'ovide to the Administrator for ap- pro...al, prior to the. development of the tE:'act by the developer or. prior to the sale to a oubBequ~nt owner of such property, a boun~ary drawing showing the tract and the building parcel therein (when applicable) and the square footage assigned to the property. . Thedrawinq shall also show the location and size of access to thoee fractional parts that do not abut a public street. B. In the event a commercial tract or building parcel is sold by any subsequent own~r, as identified in Section 2.04(A), in fractional parts to other parties for development, the subsequent owner shall provide to the Administrator, for approval, prior to development of the tract by the developer or prior "to the sale of a subsequent owner of a fractional" part, a. boundary drawing showIng his originally purchased tract or building pa~cel and the fractional parts therein and the square footage assigned to each of the fractional parts. The drawing shall also shoW' the location and size of access to those fractional parts that do not abut a public 8t~eet. 2-1 lOOK 024 PIOr190 "l . ."f" ::. ,'''~i~h~r;~~':,'L.~~.;.j':'''~ "-,h.,',,.,."'.,~ " ',.'F'.,",.., '''"' .' ",,!1 ..........,. t,., "';,t': .',"<"'.' " "':.'-:M ._-~-~---"" .,... .."~-_....-. APPROXIMATE AREA (ACRES) , : , . 1'''' >, ,,~,< ,;t" ~'~"'bi:,j~ "~r'I!2,7+"'''ft~,!;;)!, ~r}~' ",' J '11'8~"""""''''~ < 'tt, . ,{ . "':(j""l"~ '~'..:I1("n> "~~~~ . ':.. ~2 0+ n~.r".. ~.. ...~.-;t'''~ e- .," l~, -/.;;,,~:I:: ,'J..::;'~..~~-~'~~, "$, ~.~ 7.!:~ ':", ",. ~(".'::"'y>i..~".,,; ?".1,5+..t~.~. . "", -,/'~:~' .1-9": ~'il:,,~."l',.. "';r{"~114'^'''''' 10.1+ .. .,-. ., . . \ ''''''f,; -t..,. ~ '-1'> . .~- - - , ' I ':-':,,} i:~i~' ;. ':;'/r~:~ . i.; . ~i',' /':;'~'; ~~i I. r'>'~'1~'7f..- ~ ~~ .,t:f~ :~~t":r L;. ' "/:\f~":; .' c. The developer of any tract or building parcel must 8Ub- mit at the time of application for a building pe~it, a detailed plot plan for his tract or parcel. Such plot plan shall show the proposed location of all buildings, access roads, offstreet parking and offstreet loading arettB, refuse and service areas, requJ red yards and other open spaces, locations for utilities hOOk-up, screening and buffering, signs, lighting, landscape plan, other accessory USes and structures. o. In evaluating the fractionalization ~lanB the Ad- ministrAtor's or his designee'. decision shall be based on compliance with the criteria and the development intent AS set forth in this document and the reasonable accessibility of the fractional parts to public or private roadways, co~n area~, or other. _eana of ingr.ess and egress. E. The maximum number of indIvidual tracts to be !raction- alb:ed for prinCipal uses 4S stated in Section 3.02 .(J\) shall be 4 parcels. The 1l4xilllUm number of individual tracts to be fractionalized for principal uses as 8ta:ed in Section 3.02 (8) shall be 4 parcels, hoyever, in no instance shall there be more than ~ parcels with frontage on Immokalee Road. P. I f approval or denial is not issued vi thin ten (10) vor:..;;!n; days, the submission shall be considered au- tomatically approved. 2.05 LAND DSeS Table I is a schedule of the Intended land use types, vith approximate acreages in<Hcated. The arrangement at these land use types is shovn on the P.O.D. Master Plan. Changes and variations in design and acreages shall be permitted at final design to accommodate topography, vegetation and other site conditions. The specific location and size of individual tractu and the assignment of specific useS thereto shall be sub~itted to the Administrator for approv.!Il as described in Section 2.04 of this document. TABLE I LAND USE SUMMARY DBSCRIPTION ~ii;':; ~:~~:~:~:~ ~~~'/.: Lake/Kater 1D8nageraent "~1<II.'.h,'" Utility site .t:,~',~.; ,'.;; 'i ~ Acce.8/Buttera/Misc. 'r:.~' .:,. ; '. . . .~"'''' f/ l '\ . :}' n.. ,t{ ~Y.': '" t ..+ .':,J' Total Site Area 2-2 ,lOOK 024"d91 J_ :i I't. ,.,', - , . - - - ",.'. . ,', '/,.'f 2.06 RESERVATION OP NATURAL VEGETATION AND TREe REMOVAL Clearing, grading, earthwork, an~ site drainage work ahall be perfOrMed in accordance with the applicable Collier County Development Codes1 and standards and commitments set forth in this document. 2.07 EASEMCNTS FOR UTILITIES Easements shall be provided for water laanagement areas, utilities and other purposes as may be needel~ Said ease- ments and improvements shall be in compliance with the Collier County Subdivision Requlations. All nece~sary easements, dedications, or other instruments shall b~ granted to insure the contInued operation and maintenance of all service utilities in compliance with applicable regulations In effect at the time approvals are requested. 2.08 EXCEPTIONS TO THE SUBDIVISION RZGULATIONS '1, 1:1, ,', '\i~0,tL~' it:.;.:,-'\,- '-' :.:' ;~.:',' ~~",,' 'c' 'Ii 1. Article XI, Section 10, monuments, valvel. 2. Article XI, Section 21, Utility casings (prior to con- struction. 3. Article XI, Section 17k, reverse curve, au~ject to County Engineer's approval. " " :~ ~' :' 2-3 ml 024. PIf.[ 192 i " , ' '''''''';':'1:'' 'fS"\j~jt~' '..;'" " "itr' r~ ,. , J1~ .'i.. ,,", ',. ~ .,~:\;,.,'l,jl: f ,:. ]).'iKJ~~J ~-:,,/j ~ ....;" ., -', "".', a _.__..,_.-~ -.--,-.----- --,~-~..,,_..,--_.__. , ; :;',,~t~. t ~ii -")',';,_,1 -,~-i;~i" , '<,' '\" ~ -.:': t ' ~-";l.ij , J~'l\'. ;~.:. - ~,;~_f:;:; . ,1.05" " '~<". , :- ,('~~ '\ .,.i ' ~;;': ,...: - - ,I " .' ',', 0" . SEC'l'IOII III PERMITTED USES AND STANDARDS 3.01. ~!! The purpose of this Section is to 8E'!t forth the permitted uses and development standards for development of the proj ect. 3.02. PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected, alterp.d or used, or land or water used, 1n whole or in part for other thAn the fOllowing: A) Interchange Commercial permitted principal Uses and Structures permitted throughout f8.7 acre parcel. 1) Motels, hotels, transient lodging facilities 2) Restaurants, (full service only) J) Business/professional offices, office/storAge, banks. 4> Rental car Agency. 5) Water management facilities and essential services 6) Any other commercial use siroiler to the foregoing uses and which the Zoning Director determines to be compatible with the intent of this development. " B) In addition to the above described uses, the follovIng Interchange Commercial Permitted Principal Uses and Structures are permitted and limited to the northern interior ~our hundred feet (~OOI) of property fronting Immokalee Road. . A) Automobile service stations B) Restaurants, (fast food and full service) C} Convenience commercial stores 3.03 DevELOPMENT STANDARDS A) Minimum Site ALea: Type A U8~8: 1 acre Minimum Site Area: Type Buses: 1/2 acre B) Minimum Site width: One hundred (100) feet as measured at the front builoing setback line. Cl Minimum Yard Requirements: 1) Exterior Boundary Exterior boundary - building. parking and impervious setback of 30 feet shall be provided on a western and southern project boundarie8. This setback area )-1 IOIK 024. PN 193 . , -~, r - - - "~~f:~l~;j,,~ ",,')>'1.,: } i :',-, \t~'~\:.:i:t;':> , r ....:,,: ~(., 1 ~,..... . r",~, JI'" '.:' '~J.~~~t~~~(;~r~J t~\~;.:. -::r:4~e.:J;'" ", :f:/:': t;'(.. ;:~t, , ".',,.:.~, ~'n1t"'f~'~.. ,- ".j . .". r"~',-k,\ ::~f:, ; -"'~~; ~'~~i~~4 ~"J.,:, ',:,. '.~ :..:~;,.~~t!J:~ ~~", ,j, i.' ;..: ,;;')~:~<f:~.;i! . (~~"\'Y' Q< '.c' ',' ,\" '. i ):~t;l;l,~/>\ /.' '; ,.l:,;3f~""1;~~:t~" '-:~: : ::'_ '~:;~;., l,~~:t' t.. I,t!~ ; ',;,..W~r.t.\l'''.};' -."r,' o -, ";"(\' ,~;v ~'l;-';_,"I:" ", (~ .'t(.' /:: '~ ' , -;... ., 'f,I';, .,. :;~fl,. 1.-:.: ..... '.J;. , .~ ' Bhall be kept in nal;lvlt "natural ve~etation existing on the site. A berm. averaging four (4) feet ahall be provided in areal generally void in native vegetation. Additional native vegetation shall be planted if necessary to obtain the opacity ~equired by the zoning ordinance for a buffer. The buffer nhall meet the opacity requirement by the .end of twelve (12) months from the date of issuance of the first certificate of occupancy for the parcel. Buffering shall be phased to coincide with clevelopment. ~hese standards will not be required if the property to the welt and/or south ia zoned to a nimilar commercial use, in which case a landscaped ten (101) foot building and parking setback shall be required. If the property to the west ancj/or Bouth Is zoned to a non-residential, non-commercial use, the above buffering requirements shall not apply and a landsc^ped fifteen (IS) foot bullding end parking Detback shall be required. h landscaped. ten (10') foot building and parking netback from the eastern project boundary shall be maintained. (15' ) foot building and northern project boundary h landscaped fifteen parking setbeck from the Ehall be maintained. Limited water management facilities (i.e., 6'ttales) may be located in this setback area: however, every ~ttempt shall be made to limit the amount of tree clearing. The landscape plan for the :buffer shall be incorporated into the landscape .plan to be epproved by the Natural Resources Management Depllrtment and Planning/zoning Department prior to issuance of building permits. .~ 2) Between Principal Structures A distance equal to one-half the Bum of the height vf two adjacent buildings shall be provided. 3} Fractionalization Parcels A minimum fifteen foot (15') building setback shall be maintained from all fractionalization boundaries ~B described in Section 2.04 of this document. 3-2 }...-. 024Plr,d94 "_'J:=.,' ~ : ',"; IOO( " . -. , I f.: ~':~'; .~_:t~:'~.~ r-;t.~:kr:. '. ,. .~~..}~t.i.tJ;,t'''b.tcA , ;,t"f'~!o>.,""lfl~ . "7 .' ,_.,~~~;.j.:I.. ': '~t _.__"_.w______.__~__... -----_._------'_.~,..- -------- Agenda Iteifl .JLH1~ : ;Pa I< :'~~\~('.' Vf~' ;--l-":,. <Iffr-/,.' ",' " "~I:~~: 't~':.-: ;~. \,~.~., ,1'1", ' .~.~.!"".," " . ~<i;;~ ~_." ~:'..,,;.., :V!C~ II . _rie;~ i\.:.,\ . ", 41 Interior Access Drive A minimum fifteen foot (15') building setback shall be provided along the interior access drive as shown on the P.O.D. Master Plan, Exhibit -A-. 51 Gasoline dispensing operations shall be subject to the setback requIrements of the Zoning Ordinance in effect at the time permits are requested. D) Maximum Height: project. E) Miniruum Floor Area of PrinCipal Structurer One thousand (1,000) square feet per building on the ground floor. Exceptions to this require~ent for special pur- pose buildIngs may be granted by the Zoning Director. Three (3) storIes throughout the F) M~ximum Density - Twenty-six (26) units per gross acre of land for hotels, motels or transient lodging fllcilitiea. Pifteen thousand square feet (15,000) leasable office area per gross acre. Seventy five hundred square feet (7500) leaseable area per gross acre for all other listed principal uses. A maximum of 10,000 square feet of Banking racilities shall be permitted, Density shall be determined according to the fractionalization parcel in accot'dance with Section 2.04 of this document. G) Unless otherwise indicated in this'dc..cument, minImum standards for signa, parking, lighting, and landscaping shall be in conformance with applicable Collier County rp.9ulations in effect at the time permit& are Bought. D) Although parcels 1, 2, and 3 do not have. aCCess from Immokalee Road, the 8ite should, if possible, be dp.signed in such a way 80 that the rear of the site/building (1.e., loading, Bolid waste 'receptacles, etc.) is not oriented tOward Immokalee Road. 'I,,, . _ _', :':;. i-) " 'f'l(i " "f;i~G " T;;1\W'l~ .. ~; ~-..:~t~ ?I>. lOOK 0241'1d95 3-3 " ""-' ' .".( ., l'~" -:1 J~,.- i: ',' r Agenda Ite June i ,,' :ijatl~ . . ".\:' -;.., ~* " ,,;ftu , ,..- ~~ '. ';t, ',:'.' ".' . " ,1,,< ?~ SECTION IV GENERAL COMMITMENTS 4. 0 1 PUllPOSE The purpose of this Section fa to set forth the general commitments agreed to by the project developer. A) WATER MANAGEMENT 1) Dct~iled site drainage plan shall he submitted to the County Engineer for revie~. No construction permits shall be issued. unless and until approval of the froposed construction in accordance with the submitted plans is granted by the County Engineer. 2) An Excavation Permit viIi be requir~d for the proposed lake in accordance with Collier County Ordinance No. 8-26, as amended by Ordinance No. 83-3, 4nd AS may be amende~ in the future. B) UTILITIES ') t'otabIe vater may be provided by either a central roystem connected to the Collier County Water System, or by on-site wells and treatment facilities, should the County system be unavailable at the time of development. 2) hll areas of the project shall be serv,d by a central \lAste....ater collection. system and by a wAstewater treatment plant. The plant shall be expanded to meet the project demands and shall be pha~~~~out at .such time as a County system becomes available. 3) 'the development shall be in compliance with appli- cllble County laW's and ordinances qovern1n9 utility proviSions and facilities. 4) Telephone, power service shall be Jtlade available to the site. S) The Utilities Division stipUlations per their memo dated Kay 7, 1966, are attached hereto and incorporated herein by reference. 4-1 lOOK 024 P1G~ 196 ..---- ..._._~'< . O( - - - ,-.'- C) TllAHSPORTATION 1) The developer shall provide left and riqht turn lanes on Immokalee Road at the project entrance. 2) The developer shall make IS fair share contribution to..,ard the capital cost of a traffic 81gna1 at the project entrance when deemed warranted by the County En9ineer. 3) The developer shall provide arterial level street lighting at the project entrance. 4) The above required imp~ovementB are considered .site related- as defined in Ordinance 8S-55 and shall not be applied as credits toward any impact fees required by that ordinance. 5) Based upon the existing four-h,ne Bcction on CR 846 under 1-75 And in consideration of a future six-lane urban section, the needed right-oi-way is reduced from SO feet to 25 feet and the right-of-way donation is proposed by easement Agreement. Since the right-of-W'ay donation is essentially to be used for ",ccess improvements under the four-lane condition, the donation should not be subject to a .road impact fee credit. Also, the land upon W'hich the easement is to be located will remain the property of the adjacent p~operty owner in consideration of landscape type improvement. 6) Since drainage under the future six-lane urban condition" viII require an additional outfall and since the Stiles project incorporates -an overflow cross drain on CR 6.6 into the canal along the north side of CR 0.6, another road~ay condition for a" future multi-lane section is to allow road runoff to exist the roadway system via the proposed cross drain. Accordingly, the County requires access to the cross drain for removal of excess roadway runoft in the future multi-lane condition. 7) As currently proposed, th,e extension of the existing four-lane road 8ection to the west and thru a common median opening for Regency Village and Stiles Development is highly recommended. Such an extension of a four-lane facility will be subject to a fair share road impact fee credit as- applicable to the added thru lanes. ^lso, by extending the four-lane segment thru a common intersection both developers will be assured of a median opening under the four-lane condition. 4-2 lOOK 024 Pier 197 ,<;-;;.: i ;,"; ., ',.... t " " r :.'( - - - . - . 'I , , .. . . ,- .. ,'., ,;,i,;';'\~'~ '\~:",~"i:'~\}i;;;~~\;,;;,\:;J;~~~WJ " ,<,"~'&il.'l' "''''''ji.'9hJ;6.lt~.,.,,4 J;: .Jt'#{!:p'~~~f1\~;!li.; :~:..,~,~ Ir~~~'~:"'~'\?,;.r 'TIffi~~~~t\, .t' "'r,'..!~:'!?,~t:?;;~f}'~': ~'.' ~:, :,~->'.'r~;'""'!'" ,.~; /::~"~{?":-'i:<f"~;: D) KASTER PLAN A P.D.D. Maater plan twMBS'P File No. RZ-133, Sheet 1 of 2) has been provided to assign land uses vi thin the overall lite. In order to facilitate necessary modifications and changes, while preserving the overall intent of this P.D.D., .. described in this document and depicted by the Halter Plan, all phases of project developrllent shall be required to obtain adnllnistrative approval In conforlllanee with the Collier County Site oev@lopment plan Approval process. E} PROJECT DEVELOPMENT The intent of this POD i8 to be in compliance with the Collier County Comprehensive Plan which states that .Collier County is a unique community and t~e land uses surrounding the interchanges should reflect this.. In many cases, the first glimpse of Collier County that visitors see is upon their exit from the interstate. Therefore, the surrouncHn9 land uses should exemplify the quality of life which Collier County residents'have come to enjoy and expect.- To comply with the intent of the Comprehensive plan, the petitioner agrees to meet the following criteria: 1) To retain on-aite vegetation And to provide land- scaping using but not limited to nat,~ve species as 11luch as possible to preserve the integrity of the environmentr 2) To provlde an integrated .ite plAn which provide. for integrated developnlent of the parcel and 1 ts reletionships to 8urrounding land1 3 ) To establish an architectural with the Applicable Collier Standards. theme that complies County ~ Codes and .4) To provide internal pedestrian access between all parcels and uses within the development. " S) To develop the sites along Immokalee Road in'such a w~y as to provide the appearance of the front ot the property avoiding or effectively screening loading areas, trash receptacles and the..like. 4-3 . ,~ .. lOOK 024.-,(,[ 198 I , i ,.:'0,; ., ~, ' <: --..-.--' ~ +" .._- .~.__._-~_.~ . _."----~ ---...- - - - ,< .:0 " " '. P) ENVIRONMENTAL 1. A site cle.ring pl.n sh.ll be submitted to the Natural Resources Management Department and Community Development Division for their review and approval prior to any substantial work on site. Th is plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the max imum extent poS8 ible and how roads, build Ing8, lakes, parking lot., and other facilities have been oriented to accommodate this goal. 2. Native species shall be utilized, where available, to the maximum extent possible in the site land- scaping design. A. landscaping plan wl11 be sub- mitted to the Natural Resources Management Depart- ment and COlMlunity Development Division for their review and approval. This plan vIII depict the incorporation of native species and their mix .with other species, if any. The goal of site landscaping shall be the re-creation of nat.ive vegetation and habitat characteristics lost on the site during construction or due to past activities. 3. All exotic plants, as defin~d' in th"! County Code, shall be removed during each phase of construction from development lIIreas, open space ,lreas, and pre- serve llreas. Following site ~evelopment a maintenance prcgram shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed "dth and. ap- proved by the Natural Resources Management. Department and Community Development DivIsion. 4. If during the course ot site clearing,' excavation, or other consttuC'tional activities, an archaeOlogical or historical site, artifact, or other incHcator is disC'Overe<S, all 6evelopruent at that location shall be immedi8tely stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources M~nagement Department or a designated consultant to Assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner 80 as to provide only a minimal interruption to. any constructional activities. 4-4 lOOK OU"d9.9 , , ~ .,' ; ,~ .il,. r -- - - l' ". I: ( -'.-";;'> 5. The lake should be desiqned uith 4 littoral zone that al10w8 for vegetation 81009 the western edge, and that the exeavation design shall be submltted to Natural Resources Management Department for review and approval or disapproval. 6. A retention system shall be constructed to retain pollutant-laden water for awhile instead of allowIng yater to enter the lake iMmediately. G) OPEN' SPACE 1. Open space shall be provide~ to laeat the requlrements for a comerclal POD under the 20n1n9' Ordinance in effect at the time permits are requested. B) ENGINEERING 1. The proposed entrance to Regency Village of Naples, on the north side of Im:nlokalee Road, is near. this project. This entrance should be shown on the master plan and the road of Stiles Corporation for this project (Stiles Corp.) should. be aligned with it if possible. A realignment of the main entrance road shall only require approval of' the County engineer and planning/%oning'Director. 2a AcceSB to all parcels fronting Immolalee Road shall be from the main road with no dlrect driveway acceSB from each parcel to Immokalee Roada 3. The III a in road standard for a right-of-way may Illn 1Ial.l. The local pavement required street. ahall ~eet the ainor col1:ector.. be as required for a I) PI RE CONTROL 1 a Water main and hydrants will be required and all building8 must ~eet current codp.,. J) OTHER COMMITMENTS 1 a . Project development shall commence within three years from date of approval.. lOCK (J~PI\r~ 4-5 ~~.~" I, ~ "',-,-" ~. ",~l:~'rt .~.. . ~ "DL ~;> ,,' I . "H I".! . .~~. , '" ~ ',~! I I . f . . I ~~.. .-.'" . :' ," , If.. " ' ~^" , .1;.....; '" .~. ,. \ fJ' ' t~: ~ ; '. J , :: ~: -------_._--_.__.__._.,--~- .,'_.,--~"---------.._._.. -.' ,-'" .~-- ....--...,---.. . . -':.;~~;; - '. , , ,. 1: Ii .;} .1'}......, , , ::i. I,: -I ~.'..~~~~ f'I ..., . 1. " I' i !; j ! I i ~ . ,,fJ " .. ',.. ., 'r'-rt. -. '01.......,. ('. ,', "' - , "' ", '1 . . :r It. .. IX: " o >- o :r It. ...I .. IX: W .. " : /" ! .~. Ili~, ':'~ :t t.~ 1-:-' ',j' ~ ! , . . . . . i i i ~. J' i' ~I ' j! :f l. .. ,I' ~. ~...\. - - ---- - - ,:"';..~.. " ':)."/. Ann ~~ta; Plannin<< Departmant MEMORANDUM I DA118 Ka. 7. 1986 FROM: John r. Had.. evaU" Ut ie-a. I nur I . '\,lot ~." , J!?,~~ # 'A5~" "I Patition 1-86-l0C, Btil.. co~or.t~on PUD \/a ha"a reviewed the aboye reteraneed Pat.ition .and have DO the re~OQe .. requa.tad. Bove"er, ve require tbe follovluS aa a coudltlon to our recommend.tion for approval: objaction to atipulat.1oQII i -11.) vatet" Sewn- t "- 1) Yater dietTlbutioD and IrwaC. coll.ction an4 tran~i..iOft .,..ta.. w111 ba ccmltruetad throu&hout the project. davalope;e1'lt by ths developet pureuant to all curr.nt raquire~Dt. of Collier County aDd tha State of Florida. Water and aever tacilities con.tructed within platted rigbt8-0(~ay or vithin utility eaae=-nt. required by the Couety .hall b. conveyed to the County for owner.hip, operatioR and ~intenanee purposea punuant to appropr1.llte (Aunty Ordinance. and regulatioaa in affact at the tim.e of conveya.nce. All vater ead uvar facilitiea conatructed on privata prope:rty and not required by tbe County to b. locatllld within utility eaaemeut. .hall be ave.d. opera tad and aaintained by the Developer. hi_ aaaign. or .ucee..ora. Opon completion of conatruction of the vater and sc~er faciliti.a within the project; the f.ciIlti.. viII b. tutcd to in8un thcy aut Collin County'a utl1ity eonltntct1011 requlrlllment. in effect at the time eonstruction plana are approyed. Th. above tUM lII1.Iat ba c~t.ted to the ..ehhc.cion ot tha Ut111tiu Divi.ion prior to placi~g any utility facl1i~iea, County DVned or privatdy owned, inco aen-iea. UpOtl cosph:tion of the vatar and/or ..vcr facilitiea and prior to the iuuanee of Certificates of Occupancy for etruc.t'Jru vithin the project tha utility fadl1tiu shall b. coa-, veyed to the County, when required by t.be UtUitie. Div1.alon. pursuant to County Ordinances aad Regulationa in affect at the t1.m;e conveyanca 18 requlllet8cL 2) All e~atroeti011 plana alld teeha1eal apecification. and propoad platll, if applicable, for the propo.ad vater dhtribueloa. and aavass collectioa .end tranalrladon fae111tiu !Wat b. reviewed and appcO'Ved by the Utillti~. Dlviaion prior to eommeace~nt of conatruction. 3) All cuntoMn connecting to the vater distribution and ..va.g. collectioa facil1tiea viII be customer. of the County and vill b. billed by tbe Count' in accordance witb the Countyfs eatablt.bed rat... Sbould the County IIOt be in a poaitt01'l to provide vateritnd/or ..ver .erviea to the project, tbe vatet' and/or .ewer cU8tomen ahall be cuatomer. of the inter1a utility utabllabed to ..rv. tha project until th. Count,.'. off-.ite vater .nd/or .ever facilities sre av.11.ble to .erTe the project. 'i r.:' :'.~.t',"" lOOK U24.p'f,t203 , :( " " ."- --. - ---,--~ ._----'---- ._------ r l~~ _. . '1";-' " ------- .- - - .. , .,';a ,'-' , ' , ' ::t,()~:"~':4~~~~" . ,', , ,1,..", ." ,J, .. ;~';'~''f:(. ;. "A:l"'1 ',-' -. .~ :~:~i:r:J-.:~~ !~.: i i. ~ i ._~\.iI.,~ TOI Ana MeJa, Page 2 K&,. 7, 1986 D'PtJ~ PI.oDin. 4) Ic h anticipatecl that the CDUDt1 UtUIU..- Divb10a v111 ulU...tel)" auppl,. potable vater to ceat tbe COtl.~t1.. de:aand and/or rece!.e anel trut the I'Ivase genu.ted by ebb project. Should the Count1 .,..t.. not b. 1n .. podtion to' auppl,. 'pocable vaCer to the project and/or reeeive the project'. va.Cev.tet' at the t1.m. development COIlIIUnc.a. the Developer, at hi. expen.., viII inaCall ~CI op.raCe inC.ria VaCer aupply And on-a iCe treaC..nt facilitl.. and/or Interia On-alCe ..vage tre.tmeD~ and cU.ipoul facllitlea adequate to. ..et .11 requirementa af. th". ippropriate regulatory .geacin. - .. ~ .. S) An Agreement aball b. entered iato between the Count)" and the neveloper, i'indine on the DevelO'per. his a.aip. or succe.aora, legally accepeabls to' tbe County. prior to the approval of COu.tructioo docu.anta tor the propoaed project. ttating that: a) The prol)oaed vater supply and on-aite treatment f.acl11tiu And/or on-a ita vastevater treatment and dispo.al taclIitle., if r.qulred; are to h C01utructed a. part of the propoud project and .uae be resarded .. intuilllj th.y .hall ~e con_tructed to State and Fedual ecandard. and are to b. owned, operaced and ...iac_ined by the Developer. hb snip. or .UCCU80n until such tt.e aa tbe County's off-aH. vater facUities and/or Off-Fite aevcr fecilHi.. are available to eervice the project. The interim trutlllent facilities _hall supply eervlces only to tho.. lande ovoed by the Developer and epproved by the educty for development. The utility facility(!e.) ll:l4y not be expanded to prOTide vater and/or sever eervice outside the development boundary approved .by the County without the vritten con.ent of the County. b) Upon cot:nectlon to the County's off-du vatar facUiUu. and/or .~er facilltiee, the Developer, biB .e.lgnl or ~ceelaor. _hall abandon, dbmantle and re.ove frOlll tbe d.t. tb. 1P.teria vater &nd./or ..vaSe truc.ent hclltty aIld diacontioue P'. of the ",ater .uppl)' louree, if appl1cabla, 1n . unner condatent v1th State of Flori" etaud.a.rc!s. All work r.l~t.d with thi. activit)' ,hall be performed at no cost to tb. Count,.. c) CoIlocction to the CoUIlty'. off-alt. vaur and/or _'ever facilities v1ll b. ..de by the owner., their ...1m_ or lucca.dore ae no coot to the County vltbf.:3 90 day. atter luch t&el1itiu becou availabI.. The coat of connection .ha.ll include, but not be 1alted co; .11 engineering duign aIld prepanUon of conatructloD docUlDente, pera1tt1ng, 1IIOdlfiCll.- t10Q or refitting of ex1etlng aevase pumping f.cUitiee or conatru.ction of nett ...ter aevage pump10S tacllit1ee, lnterconnection with Couney off-aite facUities, vater and/or aewer linea odcll..ery to aak.e the conn.ceien(.), etc. , -~. ./.... .~;I;. j"1',;j;, ';.;~';/'~'\I:' '.". "~ii-L;!~".,,~,~t.4: . ' ~.~;~I!'~ J;!~ r~;(-t~t~<"f..t.ii .....~:"<>"'. .:~:1..?l . ,. ,}t~ fI ..,.;.::fr.Z;: ., ~ ' lOOK 024 PIer 204 i , ,~.f. .':.~t. " !",:- - .... '1~, I," ",' ,'~ : ;;'( ')/i~;' , " "",...'1l ' . '~.1 r~;,I", \-'X'':j- , ..',!\l., "''':'''~~ "i:.l,d" ~:_; ~ !t;,i, -ll/f;' . r , ,'-f . <!f "'::-\"'- ;' , , , ...... To~ Ann Hc.I.U. p!Ac.nlna Pas& J "May 7. 1966 D.P&r~tJ~ d) At t~. time Couney off-.lt<< vater and/or lever faetl!e!.. ar_ a",an.blt for the project to CODDlet with, the lalloving ".ter and/or ..var facil1ti.. ,hall b.. conveyed to the County purauant to appropriate County Ordinance. and iegu1#tiona in effect at the tl~.t 1) All vau.r and/or sever fac:llit1u eon.enteted in publicly owned rlghtl-of-vay or ~thiD utility ....ment. required. by the CBtint1 within the project laic.. required to Wt&u connee:tion With the COUtlt,.'. oft-ait<< .vater .nd/o~ aewU' facUitluf or, I':: 1",;-' 2) All .ater and .._r f.c111tb<< requind to connect the project to the County1. off-.it. v.tar .nd/or .ever facilitie. when the cn-.it. vater and/or .wv.r facilities are con.tructed on private property and not required by tha County to ba located within utility e..emcnt., including but not limited to the follD'Ving: a) Main ..vage lift .catiett and forca ...in inter- connecting with tbe County .~~ facilities . including all utility e.a..ant. nece.aary; b) ~atar diatribution facilities from the poine of connection vitb the County'. vatar faeilitie. to thl ....t.r watar aetar urdng tbe project, including .11 utility e..e~nt. nece..ary. e) The eu.tOlllers Ilerved on aD interia bub by the pUl1ty .y,'te. con.tructed by the Developer .hall bec~ cu.tomer, of tbe County at tha ei.. vben County off-.ita vater and/or .evar f~eilitle. ara availabla to larva tba p'rojatt and .uch eonnectlon i. ud.. Prior to connection of the proj.ct to the County'. off-dt<< vater and/or uvcr .f.cUiti.. the Developar. hi. ....1gn., or .ucce.aora. .hall turn ovet' to the County a complete liat of the cUlt~ra a.rvad by the intart. utilitiea .yat~ and .hall Dot competa with the CoUDty for tha .arTice of tho.. cu.toaar.. The Developer .hall .1.0 provide tha County with .. dee.tled inventory ot the hdlitiu ..rnd within tha project .nd the entity which will be rupondbll for the water and/or uver ..rvica bUline fot' the project. f) All con.truction plana and technical apecific&tion. relatad to connection. to the County'a off-aita vater and/or ..vat' tacilitia. will ba aubm1ttod to the Utiliti.. Dhi.ion for review and epprlnal prior to commaneemAnt of conatruetion. . J. _' ~; ,; ;. '--'it "1';J;,'I.!'-'*, ;(/7~>!' ~ ~(~:' ;, lOOK 024"",205 . , ...--.--.' ..--........-.-... ..---,.....-.--.. -----..-- -------- .' :' .', 'y~ rir'y;,j ,,' ':\; /f':~~" . '.,' >:;;:J ^'/",; ',.:. To: AnD HcU., Plannin, Dep.r~n~~ "1-.. ,&S. 4 1\["'" &7 7, 1986 &) Th. nltvdop.r, bh ...11ft' or auec....or. alre. to pay .11 'Y'Ce. d..vdopzent chars.. at thl t1JDe that luUdin. Pend.u ar. required. pur.uant to appropriate County Ordinance. Ind Regulation. in .ffect at the tiDe of Peratt reque.t. Thi, requ!re.ent .hall b. mad. known to .11 prospective buyen of properties foT' which building. permit. will b. required prior to the .tart of building-con.truction. h) Th.-County villI.... to the D.v.lop'~ for op.ratloD .nd maip~n.ne~ the viter dlnrlbutloo 'Dd/or ..vage 6011ecUoD and trannlnloo .y.t~. for the au. of $10.00 per year, when 'Deb ayst.m 1. Dot CODnect.d to the off-eit. v.t~r and/or B.ver facl1itte. ovn.d and operated by the County. Tenus of the leue shall be: detet'1lliDed upon completion of the proposed utility con.truction and prior to sctiYation. of the vater aupp1r, treat.ent and distribution facil1tl.. and/or the .evaS. collection, trannti8s1on and treatment facilities. The Leale, it r.quired. aball remain in effect until the Countr can provide vater and/or .e~er .ervlc. through ita olf-.ite lacl11th. or until auch t1me that bulk rate vater and/or .ever aervice agreement. are negotiated witb tb. Intert. utility .y.t~ .erving the project. ,..,: \-,:' B) Data required UDder County Ordinance No.. 80-112 .hov:l.nl the avail- ability of aevage .ervice, DUet b. .ubaitted and approved by tbe Utilities Division prior to apprOTal of tbe conatruction docUIMat. for the proj.ct. Sublt a copy ot tile approved Dn peradt. for the ..vag. collection and tranrataa!oD 8yst.ma and the va.tevater tre.t~nt facilley to be utilized, upon receipt thereot. C) If an interia on-81te vater aupply, trea~nt And tran.-1.aion facility i. utilized to ae~e tbe propo.ed project, it .uet ba prop.rly .i:ed to aupply a..ral. and pa.k day dome.tic d...nd, in'addition to fira flaw demand at a rate approvad by the appropriatl Fir. .Control Di.trict servicing tbe project area. V) Construction and ovner.h1p of thl vater and 'e~r tacilitie., includins act proposed lntert. Water and/or aewage treat..nt tacl1it!ea, .b.ll be in compliance with all Utiliti.s Division Standard., Polieiea. Ordinances, Practices, etc. in effect at the time can.tructlcn apprOTal i. rfl;que.lt.e.d. E) Detailed hydrsulie deafen report. eoveriul the water diatribution and ,evage collection and tranacl.alon .y.t~ to ..rie the project muat b. aub1aitted vith the eonetruction docWNnta for the project. The nportl .hall It.t all de.leu ...u.pt!oaa, de=and rate. and otber factor. pertinent to the .yste. under con.ideration. ", , ~'.' . IDIK 024'11.<206 r /,:\i~t~t~,~0: , . -, :~!<::; , , ~~~;I ;,;\\ '.,;~~ I jkl;J , .., '." I.:~... - - - - -.". .' ., ". " " '. (~}/~,:r.~~,;,~-: i,.;r,'~\'~;~"': ;,f: ,/4,. -" ".<'r , . '. ,;.;. 'A~ Y) Prior to approval of conatructloa document I by the Utiliti.. Division, tbe Developer CUae preeent verifieation. puranent to Ch.ptar 367, 710r14. Statutu, that the Florid. Public Service Co_ba1on hu Eranted territo- rial ~lght. to the Developer to piovldi aever and/or WAter aerviee to the project. if an interim treatment fac1l1ty(lu) 18 n~ulred, until th. County can provide the.. urvlee. through ita vater and aever hc:l11tlea. C) 'olh,!D the County has the abilHy to provide ..vaS& treatment ~nd":":': d1apoid anr! Vater luppl, urvleu," the.': Developer.. hit ....ten.. or( : suec...ora viII b. reaponsible to connect to tho.. tacIIlt!.. at a point to b. .et.bIt.hed by the County, with the Daveloper a..umiDa all, coat. for the connectioD '~rk to b. parformed. R)' Section 4.01 B Utilities of tha PUn document ahall b. ravi.ed to make refer.nca to this aemorandu., by dace, and apecify the Petitioner'. acceptance of the atipulation. cootained herein. A tevbed copy ot the POO document And draft Ordinance for tha razoD!ns approval must b. submitted to tha Otilities Diviaion for revlev and approval prior to the Petition beiDa cone ide red by th. Board of County Co=m1..ioner.. ml/.h O~ eel ~.D. "'ynolda~ ..... ;;;1 ;'d ;b?1S:i ':0;\ {ill .}"~~~~i~~t, :i:::'-' ", '. :\"t-~ , I ~ ;~.,~ r . I .} .,;':~i""-;'., !:~.' ,I J.. .;./~!\1' ""),., ,~l' \'!^"'", . !~ J', .,~ .: " ~- ~:;:~/::~:';",-:.: :(, ~ :9,',1.",: . \: '~i'l'f ,,:XT"'" .;~%~ , ,", J'f .:;.-t;_'~'f-~li . ';'; '."'1~-' . . '. ~ - , .. I"." I,. "j;l- .): " lOOK 024 PlOt 207 ,';7f , , '( .". -~:~,~ ~.. , ,,' - - - STATE OF ;LC~~~A caus~ OF COt~I!R !. Jk~ES :. G!~ES, Cle=~ of :ourts in and for the ~wentleth Judicial Ci~cult, Coll~e= County, ~lor~~a, do hereby certjfy t~a~ t~e !ore~c~~~ ~s a true original ot O?:):~~A~~:!: :-:~. a6-~S t~at ;,'.).5. allo:.:~.~.~ "'f .,:'.C,' 3C;a:-~ o~ County Co;:n:J~ssjo;:ers d'\4:-ing Regular Sess:o~ ~:: t~e 26t~ ~~y 0: Au~~st, 192(. WI7NESS ~y ~a~~ an~ t~p. c~~~c~a; seal of the 30ard at County Com~1&sloner5 of Co:::er Co~~ty. r:o=icla, th:s 2~~ day of Se.,te:nber. :986. ; A::~S C. G:L~S C1e:-k o~ Co-..:rts a.!'l.~..C~~n1;...." ::::':-o~1'ic~o to the.i:J!o'~!"."V~/.f""'" ".,.. ~r _'" It ' County Commls.1on....p,.\ir\...,....... u:,', '. ... '~'.~. '- ." .':. ,'", .', ~\"'.. ..... . ~ -~"'M'\,. "........,... ; "" -,"\I'i'I.,~I" ....... r ~'.:'-~' '.. ""~ 1~). 'D... -, ' 10DK 024 PIC, 208' ORDINANCE 97-~ ~. -Jill: '\ \ AN ORDINANCE AMENDING ORDINANCE NUMBER ",91-102, THE COLLIER COUNTY LAND DEVELOPMENT ~ CODE, WHICH INCLUDES THE COMPREHENSIVE 'ZONING REGULATIONS FOR THE UNINCORPORATED ARSA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8630N BY CHANGlNG THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE STILES PUD, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (C,R, 846) APPROXIMATELY ~ MILE WEST OF THE INTERSECTION OF 1-75 AND IMMOKALEE ROAD, IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 18,l3 ACRES, PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 86-58, AS AMENDED, THE FORMER STILES PUD; AND BY PROVIDING AN EFFECTIVE DATE. Agenda Item No .June 12, 2 Page 83 of ~ = ~ ~ n '" '" ~ ...,.., -< > ~ "" r < ~ w fT1 ~ .. '" -0 Cl -< x ... u'i -< ~ -.. WHEREAS, Barbara H. Cawley, AICP of Wilson, Miller, Barton & Peek, Inc., representing Owen M. Ward, Trustee, petitioned the Board of County Department of State. -1- real property; Commissioners to change the zoning classification of the herein described COLLIER COUNTY, FLORIDA; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF SECTION ONE: The Zoning Classification of the herein described real property located in Section 30, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to llPUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 8630N, as described in Ordinance Number 91-102, SECTION TWO: the Collier County Land Development Code, is hereby amended accordingly. Ordinance Number 86-58, as amended, known as the Stiles PUD, adopted on August 26, 1986 by the Board of County Commissioners of Collier ~unty, is hereby repealed in its entirety. SECTION THREE: '\) ,'~ (\ " ..1 ,"'~ . This Ordinance shall become effective upon filing with the PASSED AND DULY ADOPTED by the Board of County Commissioners Collier County, Florida, this .,) ~- day of '/"t.. ."h. , 1997. Agenda Item N of June 12, Page 84 of ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA " ,~~~ /' /' 4'~/' ./ Approved as to Form Legal Sufficiency and 'ry,~,;.'ffi,~ Marj ie M. Student Assistant County Attorney 'This ordlnone. flied wit" the SKretory of St9!I'S Offlu the U&day of ~ . LU2.. end oc:knowleodgenwnt of thot filing .Mc!ive-d thi" rz;S. de., of ....~_.. /'~7 7"/ ~ By..__~._~r --' 0.-,."...... f/\'UO-U-10I4) . -2- . . STILES PUD PLANNED UNIT DEVELOPMENT AMENDMENT Section 30 Township 48 South, Range 26 East "oilier County, Florida PREP ARED FOR: OWEN WARD, TRUSTEE 866 97TH A VENUE NORTH NAPLES, FLORIDA PREPARED BY; Barbara H. Cawley, AICP WILSON, MILLER, BARTON & PEEK, INC. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 DATE ORIGINALLY APPROVED ORDINANCE NUMBER AMENDMENT DATE ORDINANCE NUMBER AMENDMENT FILED OROINANCE NUMBER ".oenda Item No, 88 I - June ',2, 2007 Page 85 of 123 AUfust 26. 1986 H6::SS .Jllne 24. 1988 ~ .Julv 31. 1997 97-74 ---~~._- l. . I TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT SECTION III INTERCHANGE COMMERCIAL LAND USE DISTRICT SECTION IV DEVELOPMENT COMMITMENTS 1(VV;"':N74IVft"G!l-Brl"'~ ......u_... NQols.4-Olr)..006.M'U[).2O'X/S EAGE Agenda Item No, 88 June 12, 2007 Page 86 of 123 ii iii I-I 2-] 3-1 4-] ^--. ~.-...__.-. ....-------.-...--.....- - Exhibit A Exhibit B . 1t.Vt1.:I1'1"Vr601!-8C.~ n.1.a'~'" N04Sf-OOJ.006./'P'U0-2090S ,Ll,genda Item No. SB June 12,2007 pgge 87 of 123 LIST OF EXHIDITS PUD Master Plan (WMB&P File No, RZ - 251) Map of Boundary Survey (WMB&P File No, 4L-11 04) ii I ----.---"--..- ------.----.--.- - l Agenda Item No, 88 ,June 12. 2007 Page 88 of 123 STATEMENT OF COMPLIANCE This document amends and restates the PUD Ordinance Number 88-54, as amended, It is submitted by Owen Ward, Trustee, hereinafter referred to as the Developer. This PUD, as amended and restated, pertains to 18,[) acres of land located in Section 30, Township 48 South, Range 26 East, Collier County, Florida, TIlis document is required by the Collier County Board of County Commissioners in accordance with Section 2,7,3.4 of the Collier County Land Development Code which requires an unimproved PUD to be made consistent with all sections of the current Growth Management Plan and Land Development Code if development has not commenced within five years of the approval date, This amended and restated PUD document is intended to comply with the items listed by the Board of County Commissioners as not consistent, to bring the Stiles PUD into compliance with the Growth Management Plan and Land Development Code, but not to significantly change the underlying commercial zoning of the PUD, The name of this Planned Unit Development is "The Stiles PUD" hereinafter called "the Project", The development of the Project is in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan and with other land development regulations adopted thereunder, including but not limited to the Collier County Land Development Code (hereinafter called the Code) forthe following reasons: I. The subject property is in the Interstate Activity Center as identified on the Future Land Use Map as required in Objective I of the Future Land Use Element (FLUE), The purpose of the Interstate Activity Center is to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development and to create focal points within the community, 2, The proposed development intensity and use of the Project for commercial actIvIty as specified in Section 2,6 and Section III of this PUD document is consistent with Section VI of the FLUE which allows for a full array of commercial uses at designated Interstate Activity Centers, . 3. The Project is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4, Improvemen!.'; are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. t0lti91.,l97<4IV.Oll..flC,wIo:y ,,-u,.u-,... MWJ.4.a3J../XlfI-~un.l090~ iii ,4genda item No. 88 June; 2 2007 Page 39 of 123 I 5, The development of the Project will result in an efficient and economical extension of community facilities and services as required in Policies ),1.H and L of the Future Land Use Element 6, The Project is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of thc Drainage Sub-Element of the Public Facilities Element. 7, The Project is a functionally interrelated commercial development and is planned to encourage ingenuity, innovation and imagination as set forth in Section 2,2,20,1 of the Code, and Section VI and Policy 5,6 of the Future Land Use Element. 8, The Project is located within a designated Interstate Activity Center within the Urban District, thereby discouraging urban sprowl as required by Policy 5,) of the Future Land Use Element. 9, The Project is served by a complete range of services and utilities from Collier County, SHORT TITLE This ordinance shall be known and cited for the purpose of the updating of the existing Stiles PUD, as amended, as "THE STILES PLANNED UNIT DEVELOPMENT ORDINANCE." . 10'lJ'J7.2')"UVfI (l1'.8CA'WR, .........c-,.. to/OoI5+-002.oos.,.,lJD..2O'IOS iv . L .I\genda Item No, 88 clune 12, 2007 Page 90 of 123 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.\ PURPOSE The purpose of this section is to set fonh the legal description and ownership of the Project, and to describe the existing condition oflhe propeny proposed to be developed, 1.2 LEGAL DESCRIPTION The Project contains approximately 18,13 acres and is described as follows: Part of the west 'I, of the northeast 'I. of the northwest 'I. of Section 30, Township 48 South, Range 26 East, Collier County, Florida, less and excepting therefrom: the nonh 100 feet thereof: and funher less and excepting therefrom the lands described in : OR Book 374, Pages 572-573 OR Book 1545, Pages 443-444, and OR Book 1837, Pages 1099-1101 of the Public Records of Collier County, The map of the Boundary Survey (WMB&P File No, 4L-I 104) is attached at Exhibit B. I.J PROPERTY OWNERSHIP The subject property is currently under the ownership of Owen M, Ward, as Trustee, 866 97th A venue North, Naples, Florida, . 1.4 GENERAL DESCRIPTION THE PROJECT: A, The Project site is generally located on the south side of Immokalee Road (CR 846) and is approximately one quarter mile from the I-75-Imrnokalee Road intersection, The Project has direct access onto Immokalee Road via an existing median opening which aligns with the approved Pelican Strand (lka Regency Village) PUD to the north, IG'II97.]91('\lf:fOII.BCa...l~ "-lo....._,... J<<I.l,(.ool.oo8,"UO.2090l I-I Agenda Item !\Jo. 83 June 12, 2007 Page 91 of 123 B, The Project is currently zoned PUD as a planned interchange commercial center which includes a mixture of interchange oriented commercial facilities and waler management related clements, C, Elevations with the Project range from 12.4 feet to 13,6 feet above mean sea level. The Projeet is located within zone X of the FEMA Firm Maps, D, The soil types found on the Project are Arzell fine sand and Broward fine sand, These sands are well drained with no wetlands on site, E, Vegetation on the Project is predominately pine flatwoods with the dominant plant species being slash pine, saw palmetto and numerous grass species, . 10/'I.'9l.~1~'Vrr:Oll.8C.wIc)o "......,.c-,.. 1-2 N04S4-002..ooD.I>MJD..2090~ I J Agenda Item No, 88 June 12, 2007 Page 92 of 123 SECTION II PROJECT DEVELOPMENT 2,1 PURPOSE The purpose of this Section is to generally describe the plan of development for the Project, and to identify relationships to applicable County ordinances, policies, and procedures, 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The Project includes a range of interchange commercial uses, stormwater management, lakes, and buffer areas, TI," PUD Master Plan is illustrated graphically on Exhibit "A", PUD Master Plan (WMB&P, Inc, File No, RZ-251), The Dcvelopcr intcnds to establish Project wide guidelines and standards to ensure a high and consistent level of quality for the proposed land uses, Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, lighting, roadway treatments, fences, wall, buffers, berms and other similar features, The Project will comply with the Architectural Review Guidelines as adopted in the Code, A Land Use Summary indicating approximate land use acreage is shown on the plan, 2.3 GENERAL COMPLIANCE WITH COUNTY ORDINANCES . A. 111e development of the Project shall be in accordance with this PUD Ordinance and applicable sections of the Code (to the extent they are not inconsistent with this PUD Ordinance) which are in effect at the time of issuance of any development order which authorizes the construction of improvements to which said regulation applies, These include, but are not limited to Final Subdivision Plat, Excavation Permit and Preliminary Work Authorization, Where this PUD Ordinance docs not provide developmental standards, then the provisions of the most similar zoning district or section of the Code shall apply, B, Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the Code in effect at the time of development order application, C. Development pennitted by this ordinance will be subject to a concurrency review under the Adequate Public Facilities Ordinance Code Section 3,15, IlltIIVl'.m41 v. 01'.bC....~ ''''.'1..-... NG<lS..oo2.008.rnJD.20901 2 - I ,~aeilda Item No. 88 , June 12, 2007 Pa';18 93 of 123 D, All conditions imposed herein or as represented on the Project PUD Master Plan (PUD Master Plan) are part of the regulations which govern thc manner in which the land may be developed, E, The Subdivisions Division of the Code (Article 3, Division 3,2) shall apply to the Project, except where an exemption is set forth herein or othcnooisc granted pursuant to Code Section 3,2.4, 2.4 ROADWAYS Standards for roads shall be in compliance with the applicable provisions of the Code regulating subdivisions, unless otherwise approved during Preliminary Subdivision Plat approval. 2,5 LAND USES A, The location of land uses are shown on the PUD Master Plan, Exhibit" A." Minor changes and variations in building tracts, location and acreage of these uses shall be permitted at Preliminary Subdivision Plat approval and Final Plat approval to accommodate topography, vegetation, stormwater design, and other site conditions subject 10 Code Section 2,7.3.5, The specific location and size of individual tracts and the assignment of square footage shall be determined at the time of Preliminary Subdivision Plat approval. B, Since the property is 10 be developed over an estimated nine year time period, any projection of Project development can be no more than an estimate based on current marketing knowledge, The estimate may change depending upon future economic factors. C, Roads and other infrastructure may be either public or private, depending on location, capacity, and design, The determination as to whether a road shall be public or private shall be made by the Developer at the time of Preliminary Subdivision Plat approval. Developer shall create an appropriate declaration of covenants and a property owners association which will be responsible for maintaining the roads, streets, drainage, water and sewer improvements where such systems are not dedicated to a governmental agency, . D, All buildings, landscaping and visible infrastructure shall be architecturally and aesthetically unified, Said unified architectural theme shall include a similar architectural design, use of materials and colors throughout all of the buildings to ~~-: v. 01!-ac-w, 2-2 HOoIS<l-oo:.oce.I'P\JD-2090~ ..-------- --~- Agenda Item No. 88 June 12, 2007 Page 94 of 123 r be erected on the site, A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval. 2.6 PROJECf INTENSITY The total acreage of the Stiles PUD is approximately 18,13 acres, The Interchange Commercial retail and office uses shall have a maximum gross floor area of 7500 square feet per gross acre for a maximum square footage of 135,975 square feet. The office uses shall be permitted at 15,000 square feet per gross acre and the hoteUmotel use is pennined at 26 units per gross acre, Interchange Commercial pennined principal uses are permitted throughout the 18,13 acre pan:c1 in accordance "ith the requirements stated in this PUD document 2. 7 SITE CLEARING AND DRAINAGE Clearing. grading. earthwork, and site drainage work shall be perfonned in accordance "ith the Code and other appl icable governmental agencies and the standards and commitments of this document. 2,8 EASEMENTS fOR UTILITIES All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested, 2,9 LAKE SETBACK AND EXCA VA TION The lake setback requirements described in Code Section 3.5,7.1, may be reduced with the administrative approval of the Collier County Development Services Director, All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Code Section 3,5,7,J,I, subject to meeting the County fetch formula; however, removal of fill from the Project shall be limited to an amount up to JO percent (to a maximum of20,OOO cubic yards) of the total volume excavated unless a commercial excavation permit is received, . 2.10 OFF-STREET PARKING AND LOADING All off-street parking and loading facilities shall be designed in accordance with the Code Section 2.3, 2,11 USE OF RIGHTS-Of-WAY Lands within the Project rights-of-way may be utilized for landscaping, decorative entrance ways, and signage, if a review of the proposed uses, during the development 10'II97.n7n v.., or'.Bc....I.,. n."".u-,.. N04'-4-orn-ClOB_PJ>VD.UI9O~ 2-J Agenda Item No, 88 June 12, 2007 Page 85 of 123 review process and prior to any installations, by the Collier County Development Services Director shows no adverse engineering or safety considerations, 2,12 SIGNS Minimum standards for signs shall be in accordance wilh Code Section 2,5 in eITect at the time final local development orders arc requested, 2.\3 OPEN SPACE REQUIREMENTS . Pursuant to Code Section 2,6.32 at least thirty percent (30%) of the Project shall be devoted to usable open space, The lotal Project is 18.13 acres requiring a minimum of 5.4 acres to be retained as open space, The open space calculation indicated on the PUD Master Plan identifies 5.4 Lres including lakes, miscellaneous butTers and open space areas which meet the requirement. 2.14 NATIVE VEGETATION RETENTION REQUIREMENTS The Project shall retain fifteen percent or 2,7 acres of the viable naturally functioning vegetation on site as required by Section 3,9.5,5.4 of the Code. This shall be monitored at each Preliminary Subdivision Plat submittal. The Developer shall receive credit from any phase where the 15% amount is exceeded to be applied to a phase where it is not. In any phase of development where credit toward the 15% is needed, the Developer shall delineate on the Preliminary Subdivision Plat the percentage of viable naturally functioning native vegetation retained and/or areas of landscaping and open space which are planted with native species, The Developer shall show the calculations on each Preliminary Subdivision Plat which totals the overall 15% for the Project build-out. 2.15 TIME LIMITS OF PLANNED UNIT DEVELOPMENT APPROVAL The time limits for the Project are as provided for within Code Section 2,7.3.4, 2.16 PUD MONITORING An annual monitoring report shall be submitted pursuant 10 Code Section 2,7.3 ,6, 2,17 IMPACT FEES Development within the Project shall be subject to all lawfully adopted impact fees appropriate for each land use in effect at the time of development and in accordance with prior agreements between the Developer and the County, H04).f-l102-ooB."~UO-:O"''' IGNlIl.2914,V",OII.8C...-Iey ,.....".-... 2-4 1 Agenda Item No, 88 June 12,2007 Page 96 of 123 SECTION III INTERCHANGE COMMERCIAL LAND USE DISTRICT 3.1 PURPOSE The purpose of this section is to set forth the permitted uses and development standards for the development of the Project. A. PERMITIED USES AND STRUcrURES No building or strur"lfe or part thereof, shall be erected, altered or used, or land uses, in whole or part, for other than the following: Interchange Commercial Permitted Principal Uses and Structures permitted throughout the 18,13 acre parcel: i. Accounting, Auditing and Bookkeeping Services (Group 872I), ii. Amusement and Recreation Services (Groups 7911- 7941,7991,7993). iii. Apparel and Accessory Stores (Groups 5611-5699), IV, Auto and Home Supply Stores (Group 5531), V, Automotive Repair, Services, and Parking (Groups 7514, 7515, 7534, 7542) (no service bays shall face Immokalee Road), vi. Building Materials, Hardware and Garden Supplies (Groups 5211- 5261), . vii. Business Services (Groups 7311, 7313,7334-7335,7371-7379,7384). viii. Child Day Care Services (Group 8351), ix, Miscellaneous Retail (Groups 5912-5963, except pawnshops and all uses dealing with secondhand merchandise, 5992-5999), lo.'lW7_m.. V.-: Oll.BCa...t.y 11...,..-." x. Depository Institutions (Groups 6011-6099). N04~..ooe-pI'tJl).2090S 3 - 1 XI, xii. xiii. xiv, xv, XVI. xvii. xviii. xix, xx, XXI. xxii. . xxiii. Aoenda Item No, 88 ~ .Iune 12, 2007 Page 97 of ',23 Eating and Drinking Places (Groups 5812-5813), Electrical Repair Shops (Group 7622 automotive radio, radio, television, stereo and video recorder repair only, 7629 except aircrafi, business and office machines, large appliances such as refrigerators and washing machines), Engineering, Accounting, Research, Management, and Related Services (Groups 8711-8713, 8721, 8741-8743, 8748), Food Stores (Groups 5411-5499), Gasoline ~~rvice Stations (Group 5541 except marine service stations and truck stops subject to Section 2,6,28), Group Care Facilities (Category I and II); Care Units except for homeless shellers; and Nursing Homes, subject to Sec, 2,6,26), General Merchandise Stores (Groups 5311-5399), Health Services (Groups 8011-8049, 8082, 8093, 8099), Holding and Other Investment Offices (Groups 6712-6799), Home Furniture, Furnishings, and Equipment Stores (Groups 5712- 5736), Hotels and Motels (Group 701] in accordance with the development standards in this PUD document), Insurance Agents, Brokers, and Service (Group 6411), Insurance Carriers (Groups 6311-6399), XXIV. Libraries (Group 8231), xxv, Legal Services (Group 8111), xxvi. Membership Organizations (Groups 8611-8661, 8699), 1lW/97.2V141 v. OIT.ac.""ky .. 1_....-.. ~~.tl(l2.ooe..1"1"\Jn-2090S 3 - 2 Agenda Ilem No, 88 June 12, 2007 Page 98 of 123 xxvii. Miscellaneous Personal Services (Groups 7211, 7212, 7215, 7216 non- industrial dry cleaning only, 7221-7251, 7291), xxviii. Miscellaneous Repair Services (Group 7631), xxix, Museums and Art Galleries (Group 8412). xxx, Nondepository Credillnstitutions (Groups 6111,6163), xxxi. Paint, Glass and Wallpaper Stores (Group 5231), xxxii. Public Finance, Taxation and Monetary Policy (Group 9311 property tax assessors' office and taxation departments only). xxxiii. Public Order and Safety (Groups 9211 and 9224), xxxiv, Real Estate (Groups 6512, 6531-6552), xxxv, Social Services (Groups 8322 activity centers, elderly or handicapped, adult day care centers; and day care centers; adult and handicapped only, and 8351), XXXVI. United States Postal Service (Group 43 I], except major distribution center), xxxvii. Veterinary Services (Groups 0742, 0752, excluding outside kenneling), XXXVIII, Video Tape Rental (Group 784]), xxxix, Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in this district. . 8, Permitted Accessory Uses and Structures I. Uses and structures that are accessory and incidental to uses permitted in this district. If)'ll91.29l4ll V.OII.8Clwky "'.....-. "<<)4}4-OO2.OOQ.1"f'U[}..2()O;1(}S 3 - 3 Aaenda item hl:J. 88 ~. June 12. 2007 Page ,)9 of 123 3.2 DEVELOPMENT STANDARDS FOR ALL PERMITIED USES EXCEPT HOTEL AND MOTEL USE Minimum Lot Area: Ten thousand (10,000) square feet, Minimum Lot Width: One hundred feet (100'), Minimum Yard Requirements: From lmmokalee Road: Fifty feet (50') , Front Yard: Twenty-five feet (25'), All other yards: Fifteen feet (J 5'), Maximum Height: 1hirty-five feet (35'), except for non-functional architectural elements (such as bell towers), which shall have a maximum height of fifty feet (50'), Minimum Floor Area of Principal Structure: Seven hundred (700) square feet gross floor area for each building on the ground floor, Distance between principal structures: None, or a minimum of five feet (5') with unobstructed passage from front to rear yard, Minimum standards for lighting and landscaping shall be in accordance with the Code in effect at the time final local development orders are requested, No outside display of merchandise or storage is permitted unless horizontally visually screened by an acceptable vertical structure, 33 HOTEL AND MOTEL DEVELOPMENT STANDARDS Minimum Lot Area: One (1) acre, Minimum Lot Width: One hundred fifty feet (J 50'), . Minimum Yard Requirements: I, From Immokalee Road: Fifty feet (50') 2, Front Yard: Fifty-five percent (55%) of building height with a minimum of twenty feet (20'), 3, All other yards: Twenty feet (20'), 1.....-r..:9,.' .".,.oll.6Clwlo!y ",...,''-,. 3-4 N04~..ooII_t'7'\JOo20"i'0S I Agenda Item No, 88 June 12, 2007 Page 100 of 123 Maximum Height: Sixty feet (60') or six stories, whichever is greater, Distance between principal structures: Fifteen feet (15') or one-half (V,) the sum of the building heights, whichever is greater, Minimum standards for lighting and landscaping shall be in accordance with the Code in etTect at the time final local development orders are requested.. 3.4 BUFFERS Minimum standards for butTers shall be in accordance with Code Section 2.4 in effect at the time linallocal development orders are requested, unless otherwise specified herein or on the PUD Master Plan, Exhibit A. All butTer setbacks shall be measured from platted lot boundaries, The following identilies the buffer according to land use type: Internal Buffers on: A. Interchange Commercial: I, 10' adjacent to hotel parcel 2, 10' adjacent to internal rights-of-way ), 10' adjacent to eastcrn boundary with Donovan PUD except 0' where the joint access road is proposed B, Hotel: I. 2, ), 10' adjacent to commercial parcels 10' adjacent to internal rights-of-way 10' adjacent to eastern boundary with Donovan POO except 0' where the joint access road is proposed . The butTer on the western and southern Project boundaries shall be kept in native vegetation existing on the site to the maximum extent possible or shall be planted with native vegetation in those areas devoid of native vegetation, IGIII91.29UI ""or OII.E\C,wky .......'.....'10 Nllo4S.."OOJ"OO&.'1'UD-20'l0' 3 - 5 fi.aencJa ilem No. 88 --' June 12, 2007 Page 101 of 123 SECTION IV DEVELOPMENT COMMITMENTS 4.\ PURPOSE The purpose of this section is to set forth the development commitments of the Project. 4.2 ENGINEERING A, Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Division for review, No construction permits shall be issued unless and UJ. 'I approval of the proposed construction in accordance with the submitted plans is granted by the Development Services Division, B, Access to all parcels fronting Immokalee Road shall be from the main entrance road with no direct driveway access from each parcel to Immokalee Road, C, The main road shall meet the minimum pavement standard for a minor collector. The required right-of-way may be as required for a local street. 4,3 UTILITIES A, Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the Project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No, 88-76, as amended, and other applicable County rules and regulations or other applicable agency regulations, as may be appropriate, B. All customers connecting to the water distribution and sewage collection facilities to be constrUcted will be customers of the County and will be billed by the County in accordance with the County's established rates, . C, The utilities for the Project's water distribution and wastewater collection systems shall be designed and constructed to connect the Project to the District's facilities in accordance with County criteria and the County's Master Plan, 1~1_2'91.IV_OII_IJ.C.~ ......,..-... 4- I J<<lof~-O:l6,"1"IJO-2090' I Agenda Item No, 88 June 12, 2007 Page 102 of 123 4,4 WATER MANAGEMENT A, A copy of South Florida Water Management District Pennit or Early Work Pern1it is required prior to construction plan approval. B. Detailed water management plans and calculations, signed and sealed by a Florida Professional Engineer shall be provided, C. An Excavation Permit will be required for the proposed lakes in accordance with Section'3.5 of the Code and the South Florida Water Management District Rules, 4.5 ENVIRONMENTAL A, As set forth in Sectio" 2,!5 herein, the Developer will retain the maximum amount of native vegetation possible as part of the landscape butTers within the Project. This acreage shall be counted toward the required 15% native habitat requirement under the Code, B. Petitioner shall submit an Environmental Impact Statement at the time of the next Development Order submittal. C. This Project shall be in compliance with the Collier County Land Development Code, the Collier County Growth Management Plan, Coastal and Conservation Management Element in effeet at the time of the first Development Order approval. 4,6 TRANSPORTATION A, The Developer has provided left and right turn lanes on Immokalee Road at the Project entrance, B. The Developer shall make a fair share contribution toward the capital cost of a traffic signal at the Project entrance when deemed warranted by the County. . c. All traffic control devices on public roadways, excluding street name signs, shall conform to the Manual on Unifonn Traffic Control Deviees as required by Chapter 316, Florida Statutes, 0, The applicant shall be responsible for the installation of arterial level street lighting at all Project entrances at the time of approval of the Final Subdivision Plat. tlVll97.t'n41 Vtr OII.BC~-..ky "'."'-" NlMSUOl..(lClA.11'tJD.2090J 4-2 A,~enda Item No. 88 , June 12, 2007 Page 103 of 123 E, The above required improvements are considered "site related" as de lined in the Code and shall not be applied a credits toward any impact fees, F. The original PUD required that the Developer dedicate land for the widening of Immokalee Road, The Developer has previously satislied this requirement by conveyance of a twenty-live foot (25') strip of land by deed recorded in Omcial Records Book 1545 at Page 443 of the Official Records of Collier County, Florida, In addition the Developer conveyed additional land for the expanded Immokalee right of way by deed recorded in Official Records Book 1837 at Page 1099, Q, The original PUD provided that a cross drain across Immokalee Road to the canal on the north be incorporated and that the County be provided with access to it for use in connection with the future six-laning of Immokalee Road, This work was completed and paid for by the Developer under an agreement between rhe Developer and the County dated May 4, 1993, The requirements have been satisfied, H, The original PUD strongly recommended the extension of the then existing four- laned section of Immokalee Road west and through the proposed construction of a four lane median opening on Immokalee Road aligned with the eastern boundary of the Project and Pelican Strand (lka Regency Village) to the north of lmmokalee Road, The median opening was constructed and paid for by the Developer under the agreement with the County dated May 4, 1993, The four- laning has been completed to the west The four lane extension is subject to a fair share lOad impact fee credit applicable to the added through lanes, I. The Project entry from Immokalee Road will be along its eastern boundary so as to align with the present median cut in and proposed traffic signal on Immokalee Road at the entrance to Pelican Strand. The entry will be designed so that it can be inter-connected to and used by the lands that are located to the east of the Project and west of 1-75, The inter-connection and use of the entryway by the adjoining landowner will be pursuant to a mutually agreeable cross use or cross easement agreement . 10.'11"17.:9141 v.; OII.BC.-ky ........-'''' N(4)4-oo1-008.1'?lJD-109(l5 4-3 .~._.-~~"-~-_._-'---_.- -~--~ [!)"(') o:)ON --.-, -.c- '- o '"" C~O Q)Q)~ :::::=Q) ro"'", 'O""'CU C [L QJ '" <( .. I p~ I' ! t , I , I I ~ I i , J ~UII.'_WJo::i ~._~'--- "_ _ _ Lrr!.-~_ :.~__ 1_-::'~_ -- >"' '" - :~,"r-,- [_w~ 0;',,:::0=: J~..-...uIaLi/_~&" 2D'LU(tJoeCAII!&UHHl r"""._ wrtRCIl'oHGE COllO.l~'u;w. - .ll<rMQwQ~LII.DW"I"""1oC l.A.C.U UJo(; DIV<>>~/.urnu UAl:. TUrN. ll.J..-.; ~no___It_.._ ---"---..-- --......-..- .1l1l~....Y_C_ "'-.,II..._~.._..~_.......'.L.._ Jr '. . - ,-- - - -- -- - -- -- ~ IO'lAItDBCN>EBUf1L't ~~--~l .-..-.-..-..-..-..-.'-.-..-.._.1_.._..-..-..-..-..-.. INtUC/oWfol COl.M~ 'O'~Dsc...-r.....U1 ,,",,"'- =~ ~ j . - - =..::: _:Slll ~ -~-17' Aoenda item 1\10, as ~ June 12, 2007 Page 105 of 123 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, 97-74 Which was adopted by the Board of County Commissioners on the 25th day of November, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of November, 1997. "," . DWIGHT E. BROCK ,."...,;",.'"..,;, Clerk of Courts and:~~e~~:~,',~ '. Ex-officio ~o ~o~&:d '?f~':''"i,l .~; , County corrun1ss1on,~";, ::.1, .:')'> ~ ,:,."';.i.."c:, .--:.-~./~- -'/" ': .:;' ./.',:' . ~ ~~~ " = ........= ,t . I " '"/: By: Maureen Kel'lYt:>n" ,/. '.,' ,'; : Deputy Clerk\ </, ..,.'~... J~. '":;i'~'" .f.......... Agenda Item No, 88 June 12, 2007 Page 106 of 123 Co~r County --""'""'".\""..."..;".."'"'-,.,._..,.- FROM THE DESK OF KAY DESELEM 4/23/07 Planning Commission Members & Staff: Please note there is no strike thru/underline version of the Stile PUD in this packet. While it initially appears that this petition is a request for a "PUD to PUD" rezoning that would include a strike thruJunder version of the previous PUD that is not the case in this instance, The Gaspar Station petition was required to submit an entirely new PUD application for this rezoning, The Stiles PUD has sunsettcd and essentially is no longer valid, Zoning & Land Developmcnt Review 213-2931 ,~,genda Item I~o, 83 June ',2, 2007 Page 107 of 123 ORDINA,,'lCE NO, 07-_ _"'--'I ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ."'--'vlE)ll)ING ORDINk'lCE )!UMBER 04-41, AS k'\1E)ll)ED, THE COLLIER COUNTY L."ND DEVELOPMENT CODE, ViHICH INCLUDES THE CO'\1PREHENSIVE ZOlo<lNG REGULATIONS FOR THE IDITNCORPORATED AREA OF COLLIER COUNTY, FLORIDA. BY AME)ll)ING THE APPROPRIATE ZOl\1NG ATLAS MAP OR MAPS BY CR'illGING THE ZOlo<1NG CLASSIFICATION OF THE HEREIN DESCRlBED REAL PROPERTY FROM PLANNED UN1T DEVELOPMENT (PUD) TO COMMERCIAL PL."'--'lNED U1\1T DEVELOPMENT (CPUD) FOR A PROJECT TO BE KNOWN AS THE GASPAR STATION CPUD, FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (CR 846), APPROXIMATELY OKE QUARTER MILE \VEST OF THE 1-75/IMMOKALEE ROAD, INTERCHA-NGE, IN SECTIO:-l 30, TOVi:-lSHIP 48 SOUTH, ~'illGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 17,7 ACRES; PROVIDING FOR THE REPEAL OF ORDINk"lCE NUMBER 97-74, AS AMENDED, THE STILES CORPORATIO:-l PUD; AND BY PROVIDING ,'ill EFFECTIVE DATE, V-lHEREAS, Margaret Perry, AICP of \VilsonMiller, Inc, representing A. Grover Matheney, as successor trustee, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. '\OW, THEREFORE, BE IT ORDA,INED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: The zoning classification of the herein described real property located in Section 30, TO'l.\illShip 48 South, Range 26 East, Collier County, Florida, is changed from Plarmed Unit Development (PUD) to Commercial Planned 1,7nit Development (CPT.TD) for a project to be known as the Gaspar Station CPLlJ in accordance with the CPUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriat.e zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Lalld Development Code, is/are hereby amended accordingly. SECTlO:-l TWO: Ordinance )fumber 97-74, as amended, knovm as the Stiles Corporation PUD, adopted on Kovember 25, 1997, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. Gaspar Station: PUDZ-2006-AR-I0698 Pagelof2 Agenda Item No, 88 June 12, 2007 Page 108 of 123 SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by a super-majority vote by the Board of County Commissioners ofCoUier County, Florida, this _ day of 2007, ATTEST: DWIGHT E, BROCK, CLERK BOARD OF COUNTY CO:\1MISSIONERS COLLIER COUNTY, FLORIDA Deputy Clerk BY: JAMES N, COLETTA., CHAIRMAN Approved as to form and legal sufficiency 'M~t~ 1)1 !k,u/.M.d-~ MaIj . eM. Student-Stirling Assistant County Attorney PUDZ-2Q06-AR-l0698/KDISp Gaspar Station: PUDZ-2006-AR-I0698 Page 2 of2 Revised 3/19/07 ,4genda item !'~o. 88 .June 12, 2007 Page 109 of 123 Exhibit A GASPAR STATION CPUD COMMERCIAL PLANNED UNIT DEVELOPMENT 17,7 Acres located in Section 30, Township 48 South, Range 26 East Collier County, Florida PREPARED FOR: A, Grover Matheney, As Successor Trustee 2351 SW 37'h Avenue, Apt. 1112 Miami, FL 33145 PREPARED BY: R. Bruce Anderson Roetzel & Andress, L,P,A, 850 Park Shore Drive Trianon Centre, Third Floor Naples, FL 34103 AND Margaret Perry, AICP Wilson Miller, Inc, 3200 Bailey Lane, Suite 200 Na~es, Rorida 34105 DATE FILED: October 20. 2006 DATE APPROVED: ORDINANCE NUMBER: r TABLE OF CONTENTS PAGE TABLE OF CONTENTS/LIST OF EXHIBITS ii SHORT TITLE iii SECTION I LEGAL DESCRIPTION, PROPERTY 1-1 OWNERSHIP, & GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT 2-1 SECTION III INTERCHANGE COMMERCIAL LAND USE DISTRICT 3-1 SECTION IV PRESERVE/NATIVE VEGETATION DISTRICT 4-1 SECTION V DEVELOPMENT COMMITMENTS 5-1 LIST OF EXHIBITS Exhibit A CPUD Master Plan Revised 3/19/07 II .I\aenda Item No, 88 - June 12, 2007 Page 11001123 Agenda item No. 88 June ~12. 2007 Pa,;e 111 of 123 SHORT TITLE This ordinance shall be known and cited as "THE GASPAR STATION COMMERCIAL PLANNED UNIT DEVELOPMENT ORDINANCE," Revised 3/19/07 iii , Agenda Item No, 88 June 12, 2007 Page 112 of 123 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1,1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the project, and to describe the existing condition of the property proposed to be developed, 1,2 LEGAL DESCRIPTION The project contains approximately 17,7 acres and is described as follows: The west Y, of the northeast Y. of the northwest Y. of Section 30, Township 48 South, Range 26 East, Collier County, Florida, less and excepting therefrom: the north 100 feet thereof and the lands described in: OR Book 374, Pages 572-573, OR Book 1545, Pages 443-444, and OR Book 1837, Pages 1099-1101 of the Public Records of Collier County, 1,3 PROPERTY OWNERSHIP The subject property is currently under the ownership of A. Grover Matheney, as successor trustee, to Owen Ward, Trustee, under that certain land trust agreement dated June 29, 1988, with the following address: 2351 SW 37th Avenue, Apt. 1112; Miami, FL 33145, Revised 3/19/07 1-1 Aaenda Item No. 88 ~ June ',2, 2007 Page 113 of 123 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the project, and to identify relationships to applicable County ordinances, policies, and procedures, 2,2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The project includes a range of interchange commercial uses, stormwater management, lakes, and buffer areas, The CPUD Master Plan is illustrated graphically on Exhibit "A.u The developer intends to establish project wide guidelines and standards to ensure a high and consistent level of quality for the proposed land uses, Uniform guidelines and standards will be created for such features and facilities as landscaping, signage, iighting, roadway treatments, fences, wall, buffers, berms and other similar features, The project will compiy with the Architectural Review Guidelines as adopted in the Land Development Code (LOG), A Land Use Summary indicating approximate land use acreage is shown on the Master Plan, 2,3 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Gaspar Station Commercial CPUD except in the Preserve/Native Vegetation District. General permitted uses are those uses which are typically part of the common infrastructure, A, General Permitted Uses: 1, Water management facilities and related structures including lakes with bulkheads or other architectural or structural bank treatments, 2, Guardhouses, gatehouses, and access control structures, 3, Architectural features and elements including walls, fences, arbors, gazebos and the like, 4, Temporary construction and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses, 5, Landscape/hardscape features including, but not limited to landscape buffers, berms, fences, water features and walls, 6, Fill storage, site filling and grading are subject to the standards set forth in Section 2,8 of this CPUD, 8, Development Standards: The following development standards shall apply to General Permitted Uses: Revised 3/19/07 2-1 Revised 3/19/07 Agenda Item No, 88 June 12, 2007 Page 114 of 123 1, Guardhouses, gatehouses, sign age, landscape features, and access control structures shall be set back a minimum of ten feet from property lines, Other general permitted uses (except fences) shall be set back a minimum of five feet from property lines, Maximum height of General Permitted Uses buildings - Thirty five feet, 2, 3, 4, 5, Minimum floor area - None required, Minimum lot or parcel area - None required, 6, Standards for parking, landscaping, signs and other land shall be in accordance with the LDC provision in effect at the time of site development plan application, 2-2 Aaenda Hem No. 8B ~, June 12, 2007 Page 115 of 123 SECTION III INTERCHANGE COMMERCIAL LAND USE DISTRICT 3,1 PURPOSE The purpose of this Section is to set forth the permitted uses and development standards for the development of the project. A, Principal Uses and Structures: No building or structure or part thereof, shall be erected, altered or used, or land uses, in whole or part, for other than the following: 1, Accounting, auditing and bookkeeping services (Group 8721), 2, Amusement and recreation services (Groups 7911-7941,7991,7993), 3, Apparel and accessory stores (Groups 5611-5699), 4, Auto and home supply stores (Group 5531), 5, Automotive repair services, and parking (Groups 7514, 7515, 7534, 7542), 6, Building materials, hardware and garden supplies (Groups 5211-5261), 7, Business services (Groups 7311, 7313, 7334-7335, 7371-7379, 7384), 8, Child day care services (Group 8351), 9, Miscellaneous retail (Groups 5912-5963, except pawnshops and all uses dealing with secondhand merchandise, 5992-5999), 10, Depository institutions (Groups 6011-6099), 11, Eating and drinking places (Groups 5812-5813), 12, Electrical repair shops (Group 7622 automotive radio, radio, television, stereo and video recorder repair only, 7629 except aircraft, business and office machines, large appliances such as refrigerators and washing machines), 13, Engineering, accounting, research, management, and related services (Groups 8711- 8713,8721,8741-8743,8748), 14, Food stores (Groups 5411-5499), 15, Gasoline service stations (Group 5541 except marine service stations and truck stops subject to the LDC), Revised 3/19/07 3-1 , Agenda Item No, 88 June 12, 2007 Page 116 of 123 16, Group care facilities (Category I and II); Care units except for homeless shelters; and nursing homes, subject to the LDC, 17, General merchandise stores (Groups 5311-5399), 18, Health services (Groups 8011-8049, 8082, 8093, 8099), 19, Holding and other investment offices (Groups 6712-6799), 20, Home fumiture, furnishings, and equipment stores (Groups 5712-5736), 21, Hotels and motels (Group 7011 in accordance with the development standards in this CPUD Document), 22, Insurance agents, brokers, and service (Group 6411), 23, Insurance carriers (Groups 6311-6399), 24, Libraries (Group 8231), 25, Legal services (Group 8111), 26, Membership organizations (Groups 8611-8661,8699), 27, Miscellaneous personal services (Groups 7211, 7212, 7215, 7216 non-industrial dry cleaning only, 7221-7251, 7291), 28, Miscellaneous repair services (Group 7631), 29, Museums and art galleries (Group 8412), 30, New and used automobile sales (Group 5511), 31, Nondepository credit institutions (Groups 6111-6163), 32, Paint, glass and wallpaper Stores (Group 5231), 33, Public finance, taxation and monetary policy (Group 9311 property tax assessors' office and taxation departments only), 34, Public order and safety (Groups 9211 and 9224), 35, Real estate (Groups 6512, 6531-6552), 36, Social services (Groups 8322 activity centers, elderly or handicapped, adult day care centers; and day care centers; adult and handicapped only, and Group 8351), 37, United States Postal Service (Group 4311, except major distribution center), 38, Veterinary services (Groups 0742, 0752, excluding outside kenneling), Revised 3/19/07 3-2 A]enda Item No, 88 June '2,2007 ?age 117 of 123 39, Video tape rental (Group 7841), 40, Any other uses which are comparable in nature with the foregoing uses and are approved through the process set forth in the LOC, in effect at the time of the request for such use, 8, Accessory Uses and Structures: 1 , Kiosk vendors, 2, Outdoor dining shall be permitted as an accessory use to an eating establishment. 3, Communication facilities including, but not limited to digital, fiberoptic, microwave, satellite, UHF, VHG, FM, AM, short-wave, antennas with related ground mounted dishes and other sending and receiving facilities, subject to applicable permits, 4, Parking structures, 5, Generators, 6, Utility buildings, 7, Chickee or picnic areas, 8, Pool, tennis courts, and recreational amenities associated with a hotel or motel. 9, Any other accessory use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LOC in effect at the time of the request for such use, 3,2 DEVELOPMENT STANDARDS FOR PRINCIPAL AND ACCESSORY USES EXCEPT HOTEL AND MOTEL USE Minimum Lot Area: Ten thousand (10,000) square feet for principal uses; none for accessory uses, Minimum Lot Width: One hundred feet (100') for principal uses; none for accessory uses, Minimum Yard Requirements: From Immokalee Road: Fifty feet (50') for principal uses; twenty feet (20') for accessory uses, Front Yard: Twenty-five feet (25') for principal uses; twenty feet (20') for accessory uses, All other yards: Fifteen feet (15') for principal and accessory uses, Setback from Preserves: Twenty-five feet (25') feet for principal structures; ten feet (10') feet for accessory structures and all other site alterations, There shall be no site alterations within the first 10 feet adjacent to any preserve unless it can be demonstrated that it will not adversely impact the integrity of that preserve, Maximum Height: Thirty-five feet (35') for principal and accessory structures, except for non-functional architectural elements (such as bell towers) which shall have a maximum height of fifty feet (50'), Revised 3/19/07 3-3 Agenda Item No, 8B June 12, 2007 Page 118 of 123 Minimum Floor Area of Principal Structure: Seven hundred (700) square feet of gross floor area for each building on the ground floor, Minimum Floor Area of Accessory Structure: none required, Distance between principal structures: None, or a minimum of five feet (5') with unobstructed passage from front to rear yard, Distance between principal and accessory structures: None required, Minimum standards for lighting and landscaping shall be in accordance with the LDC in effect at the time final local development orders are requested, 3,3 HOTEL AND MOTEL DEVELOPMENT STANDARDS Minimum Lot Area: One (1) acre for principal uses; none for accessory structures, Minimum Lot Width: One hundred fifty feet (150') for principal structures; none for accessory structures, Minimum Yard Requirements: 1, From Immokalee Road: Fifty feet (50') for principal uses and twenty feet (20') for accessory structures, 2, Front Yard: Fifty-five percent (55%) of buiiding height or twenty feet (20'), whichever is greater for principal and accessory structures, 3, All other yards: Twenty feet (20') for principal and accessory structures, Maximum Height: Sixty feet (60') or six stories, whichever is greater, for principal uses and thirty-five feet (35') for accessory uses, Distance between principal structures: Fifteen feet (15') or one-half (Y:,) the sum of the building heights, whichever is greater, Distance between principal and accessory structures: none required, Setback from Preserves: Twenty-five feet (25') feet for principal structures; ten feet (10') feet for accessory structures and all other site alterations, There shall be no site alternations within the first 10 feet adjacent to any preserve unless it can be demonstrated that it will not adversely impact the integrity of that preserve, Minimum standards for lighting and landscaping shall be in accordance with the LDC in effect at the time final local development orders are requested, Revised 3/19/07 3-4 ,A,oenda item No. 38 - June ~12. 2007 Page 1'19 of 123 3,4 BUFFERS The following identifies the buffer according to land use type: Internal Buffers on: A, Interchange Commercial: 1, 10 feet adjacent to hotel parcel; 2, 10 feet adjacent to internal rights-of-way; 3, 10 feet adjacent to eastern boundary with Donovan PUD; B, Hotel: 1, 2, 3, 10 feet adjacent to commercial parcels; 10 feet adjacent to internal rights-of-way; 10 feet adjacent to eastern boundary with Donovan PUD, The buffer on the southern project boundary shall be kept in native vegetation existing on the site or shall be planted with native vegetation in those areas devoid of native vegetation, 3,5 PROJECT INTENSITY The total acreage of the Gaspar Station CPUD is approximately 17,7 acres, The Interchange Commercial retail and service uses shall be permitted at a rate of 7,500 square feet per gross acre, The office uses shall be permitted at a rate of 15,000 square feet per gross acre and the hotel/motel use is permitted at a rate of 26 units per gross acre, Revised 3/19/07 3-5 Agenda Item No, 88 June 12, 2007 Page 120 of 123 SECTION IV PRESERVE/NATIVE VEGETATION DISTRICT 4,1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within the Gaspar Station CPUD designated on the CPUD Master Plan as "Preserve/Native Vegetation", 4,2 GENERAL DESCRIPTION Areas designated as Preserve/Native Vegetation District on the Gaspar Station CPUD Master Plan are designed to accommodate customary uses in preserve areas, 4,3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A, Principal Uses and Structures: 1, 2, 3, 4, 5, Conservation and preserve, Passive recreational areas, pervious nature trails, and other similar uses, Water management structures, Mitigation areas and mitigation maintenance activities, Any other preservation and reiated open space activity or use which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC in effect at the time of the request for such use, Revised 3/19/07 4-] .L\genda Ilem I'~o, 88 June 12, 2007 Page 121 of 123 SECTION V DEVELOPMENT COMMITMENTS 5,1 PURPOSE The purpose of this Section is to set forth the development commitments of the project. 5,2 TRANSPORTATION A. The developer has provided left and right turn lanes on Immokalee Road at Juliet Boulevard, B, The developer has made a fair share contribution toward the capital cost of a traffic signal at the project entrance, C, All traffic control devices on public roadways shall conform to the Manual on Uniform Traffic Control Devices as required by Chapter 316, Florida Statutes, Street signs shall be the sole responsibility of the developer, his successors, or assigns, D, The above required improvements shall be considered "site related" as defined in the LDC and shall not be applied as credits toward any impact fee, E, The developer has previously conveyed a twenty-five foot (25') strip of land to the County by deed recorded in Official Records Book 1545 at Page 443 of the Official Records of Collier County, Florida, for the widening of Immokalee Road, In addition the developer conveyed additional land for the expanded Immokalee right-of-way by deed recorded in Official Records Book 1837 at Page 1099 of Collier County, Florida, F, The developer has provided a cross drain across Immokalee Road to the canal on the north to be incorporated and provide the County with access to it for use in connection with the six-Ianing of Immokalee Road, This work was completed and paid for by the developer under an agreement between the developer and the County dated May 4, 1993, G, The original PUD strongly recommended the extension of the then existing four-lane section of Immokalee Road west and through the proposed construction of a four lane median opening on Immokalee Road aligned with the eastern boundary of the project and Pelican Strand (f1k/a Regency Village) to the north of Immokalee Road, The median opening was constructed and paid for by the developer under the agreement with the County dated May 4, 1993, The four-Ianing has been completed to the west. The four lane extension is subject to a fair share road impact fee credit applicable to the added through lanes, H, The project entry from Immokalee Road is located along its eastern boundary and aligns with the present median cut and traffic signal on Immokalee Road at the entrance to The Strand PUD, The entry was designed so that it is interconnected to and is used by the developments that are located to the east of the project and west of 1-75, The inter- connection and use of the entryway by adjoining landowners is pursuant to an existing cross use or cross easement agreement. Revised 3/19/07 5-1 r Agenda Item No, 88 June 12, 2007 Page 122 of 123 I. Roads will be private, The developer has created the Juliet Boulevard Roadway Association, Inc" which is responsible for roads, streets and drainage improvements and maintenance of Juliet Boulevard, 5,3 OPEN SPACE REQUIREMENTS The total project Is 17,7 acres requiring a minimum of 5,3 acres to be retained as open space, 5,4 NATIVE VEGETATION RETENTION REQUIREMENTS A minimum of 15% of the native vegetation present shall be preserved within the project. The total native vegetation existing on the site is approximately 16,3 acres and a minimum of 2.4 acres of native vegetation shall be preserved within the existing and proposed preserve areas as indicated on the CPUD Master Plan, Areas that fulfill the native vegetation retention standards shall be set aside as preserve areas and shall be protected by a permanent conservation easement. A management plan shall be submitted to identify actions that must be taken to ensure that the preserved areas will function as proposed, The plan shall include methods to address control and treatment of invasive exotic species and maintenance of permitted facilities, 5.5 CLEARING AND FILL STORAGE Fill storage is generally permitted as a temporary principal use throughout the Gaspar Station CPUD until buildout of the project. Fill material may be transported and stockpiled within areas which have been disturbed, Prior to stockpiling in these locations, the developer shall notify the Community Development and Environmental Services Administrator. The following standards shall apply: 1, Stockpile maximum height: forty five feet; 2, Fill storage areas in excess of five feet in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to 1, 5,6 LITTORAL SHELF PLANTING Wet detention ponds shall have a littoral shelf with an area equal to 7% of the pond's surface area measured at the control elevation and be planted with native aquatic vegetation, Revised 3/19/07 5-2 m!'--.C0 COON ci~= Z ,0 _NC") :::"'-C'\l <lJ<lJ~ ::::CQ) m"o> -::;"""C'O ~ D- O> <( 0:::.2 t~ " i, I II I . ~OO Ii - <~, E~ . lit ~ ~ ~ I 'ii 211!i, ~~~:i iil ~ ~ ~ Ii " ~5..I~!i i ~ '. ;;: ~ V'l!;;(::::) '" I ::! t ~i::l ~:6 1,;1i J~U~ 0 w J IIU;i ~ i j iJi a. ~ i,i;i ,;:; ~ 8 ~ <(1-0.. ~ !I]it,m z . ~ l- I,:! ;.. ~ ~ ::; w ~V'l ,,~ . Ii ~ ~ ~ '" w ::> J: 0 I " . ~ "" I . , . ~ ~~ . --~.~. iK!! 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J;; 'J / j o < ~ g ~ i ./. jl'''i~l ~Nt~i I ~ flgencla Item No, 9A June 12, 2007 Page 1 of 22 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE AFFORDABLE HOUSING COMMISSION OBJECTIVE: To appoint I member to fulfill the remainder of a vacant term, plus a full term, expiring on October I, 20 I 0 and I member to fulfill the remainder of a vacant term expiring on October], 2009, to the Affordable Housing Commission, ,- CONSIDERA nONS: The Affordable Housing Commission is a 9 member committee created by Ordinance 9]-65 as amended 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; investigate the feasibility of tax increment financing for infrastlUcture for site development of affordablc housing for low income households; develop means or mechanisms to encourage a voluntary program in which Realtors, and other holding deposits such as escrow accounts of eamest money deposits or security for rentals would deposit these in a selected bank where such bank would contribute to the Housing Trust Fund a gift calculated on the average collected balance for the month; investigate a plan for any linkage and inclusionary zoning recommendations; review and detelll1ine the effect of proposed ordinances of affordable housing and make recommendations to the Board of County Commissioners and the Naples City Council; and investigate any other relevant areas so directed by the Board of County Commissioners, The Board of County Commissioners 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 rrom the county-at-Iarge, the City of Nap les- at- large, the development community, affordable housing providers, financial institutions, the legal profession and realtors, Tenns arc 3 years, A list of the cun'ent mcmbership is included in the backup, We currently have 2 vacancies; ] seat was declared vacant on April 24, 2007 and Christine D, Straton resigned on March 5, 2007, A press release was issued and resumes were received from the following 4 interested citizens: APPLICA'lT CATEGORY DIST ELECTOR ADV, COMM, Stephen 1. Hruby Architecture: Affordable Housing 4 Yes None Development Robert W, Deeks Community BcttcJ1l1cnt; Education 2 Yes None Association Mary Judith Garland Vocation training for disabled & poverty I x'es None Brian L. Goguen Business ManagC111ent, EDC, Urban Land 3 Yes None Institute COMMITTEE RECOMMENDATION: Steve Hruby- tcnn expiring on October], 20]0 Brian Goguen - term expiling on October I, 2009 .-- CITY OF NAPLES: On April 28, 2007, Corn1ac Giblin was appointed (resolution included in backup) to represent the City of Naples on the Affordable Housing Commission, Agenda Item t\Jo. SA June 12.2007 Page 2 of:22 FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA nON: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confinning the appointments, Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JUNE 12,2007 lIemNumber: Item Summary; Meeting Date; COLLIER COUNTY h.C1ellj", item NQ. ~jA . ,2 2007 :: of 22 rage I of I BOAf,L OF COUhiTY COMMISSiONU~S ~!,L ,. ppoil ':11>''': J' 'n,'r'.')Y!rS tC' 'nh :,ffc:.:1dl.,lrj HCIIslr:o :o!i'nm'!c'lon (;/~2,2~ fj7~' ()(' ')Ci f'M Prepared By Excc"tivl' Maoaucr10 thf.' BCC [late SUDFilSOO [;oard a/County Commissioners BCCOffi<;1! Co"nty Manager ['ate AllJlroved By J~me$ V. MUdd BGi1rd of County CommiS5roncrs Coullty M~oa>ler's Of/,el! 5/29f200712a6PM Aa~nda Item No. 9A - June 12.2007 ?2;:)8 4 of 22 Memorandum To: From: Date: Subject: Sue Filson, Administrative Assistant to BCC Marcy Krumbine, Director of Housing and Human Services May 14, 2007 Affordable Housing Commission The Affordable Housing Commission has received and reviewed the four applicants for two vacancies on the Commission, The Commission is recommending the appointment of the following applicants to the Affordable Housing Commission: Steve Hruby- Expertise in Architecture, community consensus building, affordable housing development, community revitatlization, Member of Economic Development Council and Urban Land Institute, Term to expire on October 1, 2010, Brian Goguen - Expertise in Business Management, Member of the Economic Development Council, Southwest Florida Urban Land Institute, Term to expire on October 1, 2009, Other candidates: Robert Deeks - Long term resident of Collier County, Served on Community Betterment. Member of Collier County Education Association, Pelican Bay Rotary and Collier Harvest Mary Judy Garland - Expertise in providing vocational training for the disabled population and those living in poverty, New to Collier County, -<P'" , ' Affordable Housing Commission Name Work Phone Appt'd Home Phone DateRe-appt Exp, Date 2ndExpDate i\genda Item No, 9A June 12, 2007 Page 5 of 22 Term 2nd Term 021l3/07 2 Years Mr. James Al Pusateri 4971 Carromar Drive Naples, FL 34112 E-Mail: jpusat6700@aol.com District: 1 Category: Attorney and Judge 775-7029 Mr. VACANT Naples, FL E-Mail: District: Category: 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 - AL TERNA TE Mr, George R, Smith 509 Courtside Drive Naples, FL 34105 E-Mllil: District: 3 Category: Rloanarranger@aol.com 226-7479 09/12/06 263-4434 Ms, Esmeralda Serrata 657-3649 OS/24/05 603 Nassau Street, Apt. 4 657-5838 Immokalee, FL 34142 E-Mail: cchatl@aol.com District: 5 Category: Collier County Housing Authority Monday, May 14, 2007 Page] of3 1 % 1/09 1 % 1/07 10/0 1/07 10/0 1/09 ] % 1/08 3 Y cars 1 Year 3 Years 3 Years l\:;enda item ~~o. 9A " .JeJC1e 12. 2D07 Page 6 of 22 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 10/01110 3 Years 4351 Gulf Shore Blvd" N, # 19N 649-6380 Naples, FL 34103 E-Mail: johnbarlow@lerivage,net District: 4 Category: Safelite auto Glass Mr. Larry H, Fleming 659-6464 05/09/06 04/18109 3 Years 563 Park Shore Drive 434-2120 Naples, FL 34103 E-Mtlil: NaplesRealEst@aoLcom District: 4 Category: City ."J" ~'I' .;Q Ms, Mary Strutz \ 6' \"(\ 11/19/03 11/18/06 3 Years 271 Aqua Court, P,O, Box 1646 263-0697 11/19/06 11118109 3 Years Naples, FL 34102 E-Mail: mary,strutzf@gmaiLcom District: 4 Category: City of Naples Mr, Kenneth Kelly 435-0014 03/28/06 4260 16th Street, N,E, 354-2021 Naples, FL 34120 E-Mail: ken@kellyroofing.com District: 5 Category: Roofing Contractor - Resides East of 951 10/01/07 1+ Year Ms, Christine D, Stmton ',IJ 6,IJ'\ 4260 Montalvo Court ce~\'j,./ Naples, FL 34109 E-Mtli/: chrisstraton@yahoo,com District: 3 Category: COUNTY - REGULAR OS/24/05 597-8649 09/12/06 10/0 1/07 I % 1/09 2 + Years 3 Years Monda."'.. May U. }()07 I)age 2 of 3 ---r- Agenda Item No, 9A June 12, 2007 Pa,J8 7 of 22 Affordable Housing Commission Name Work Phone Home Phone Appt'd DateRe-appt Exp, Date 2ndExpDate Term 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 altemate 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-Iarge, the City of Naples-at-Iarge, 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 FLSTAT: none St~fJ: CUIlI,06 CieliA, IIL'I: 183-~.3S6 f1brc'j I<rv;n b,ne; '7'7Lf; ~t(If:0 Monday, May /4, 2007 Page 3 of3 4,nsncJa item No. 9.A. -' J1JrJe 12. 2007 Page 8 of 22 MEMORANDUM DATE: May 7, 2007 FROM: Sue Filson, Executive Manager Board of County Commissioner TO: Elections Office RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consideI 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, COMMISSION DISTRICT AFFORDABLE HOUSING COMMISSION Mary Judith Garland 238 Torrey Pines Point Naples, FL 34 1 13 ~ d J -3 Stephen J, Hruby 1800 Gordon Drive Naples, FL 34102 Robert W, Deeks 7095 Pond Cypress Ct., #101 Naples, FL 34109 Brian L. Goguen 6210 Golden Oaks Lane Naples, FL 34119 Thank you for your help, " .---.---.----~~~.-."'..&-.,^T. 04/19/2007 l2:18 2392131025 CITY CLERl< PAGE 01 .i\genda Item No, 9A June 12, 2007 Page 9 of 22 If ~ "'m..- ~fi ~,,~ l', "t ~ (2::? ....'"C>.r;',<~4!' ,/~ To'7 rJ~ Apri] 19, 2007 OFFICE OF CITY CLERK Transmitted Via Fax to 774.8865 - 6 pages Ms, Sue Filson Executive Manager Board of County Commissioners Collier County Government Center 330] East Tamiami Trail Nap]es, FL 34112-49]7 Dear Sue; At yesterday's meetins.. tile City Council voted to recommend Cormac Giblin for the vacancy in the Mfordab]e Housing Commission, Attached is Mr, Gib]in's application and an unsigned cqpy of the reso]utian, We will forward you a copy of the signed Council resolution .;..hen it is finalized, Sincciroly, -j ; . '/ ~. -, .. '. {, ;, " f' 01",:~-;e4 ~RolIcnberg Deputy City Clerk 'i. FA.CSIMtLE (239) 213-1025 TELEPHONE (238) 213-1015 SUNCoM 717.1015 7.15 EIGHTM STREET, SOUTH. NAPlES, FlORIDA Ml02-67M 04/19/2007 12:16 2392131025 C ITV CLERK PAGE 02 /\qenda item ~~o. 9,.'\ ~ J~me12 2007 Page 10 of 22 Agenda Item ll-c Me.ting of '/18(07 RBSOLUTION 07-11616 A RESOLUTION APPOlMTlNG QKR CITT RBPRZSRHTATIVR TO rKR CITY/COOWTY APPORDADLII 1l0l1S1JIG COImXIISJ:ON J'OR '1'11II BALABCll 01' llJI tlKlIXPllUW TllDI CONCIiUDIW NOVWIIBIIR 18 . 2 009, AND PRov:rDXIW A!I llJ'J'IICTlVll DA~. WHBRKA9 ~ a vacancy exist8 on the City/County Affordable Housing Commission due to the resignation of Mary Strutz on January 17, 2007J and WRllRXAS . pursuant to Sect ion 2 -4 02 of the Code ~aples has conducted a recruitment ascertain qualified candidates; of Ordinances, and interview the Ci ty of process to NOli, THJ:UPOKZ, >>. rr "KSOLV'BD BY Tn CO'Oll'CI:L 01' THB C:I'l'Y OP W&PLBS. 7'LOIUDA: Section 1. That Cormac Giblin is hereby appointed as a City representative to the City/county Affordable Housing Commiesion for tbe balance of an unexpired term concluding November 18, 200~. Section a. This resolution shall take effect immediately upon adoption. PASSED IN OPkK AND R.GULAR SESSIOK OF THE C~TY COttRCXL or TK& CXTY or .APLBS, WLOKIDA, TB%8 ~8TH DAY or APRIL, ~001. Bill sarnett, Mayor Atte5t; Approved as to form and legality: Tara A. ~orman, City Clerk KI\Rar\OOUNC~\RRP\~007\07-1161' Robert D. pritt. city Attorney Date filed with City Clerk: , 04119/2007 l2:lB 2392131025 CITY CLERK PAGE 03 REC E4MEiEJtem No, 9A June 12. 2007 MAR 0 7 200Tage 11 of 22 m- ..,... City Or Naples == Application for Volunteer Service Name (1,~M A t" ~it~ E-mail c.oaAU~./;..A)\JJ;/s........llIt~. (;.9,.. Home Address -r70 F;"..A....".I..&.t> l......e. Businm V1Ji Is,...,/I'I;lftO Business Address "3 ,.:;1 0 0 CITY OF NAPLES CITY QLmRK Home Phone ~v,,- ~ I~ Fnl( ;;;u; 3. a ~"f I Nlft-.., Fe ,?C//':] Business Phone t;; "., - '10 <{ 0 Board or Committee Applied For ~:JJ2- -'- :I SI/oS" Affordable Housing Commission Momber Category (ihpplic:&ble) What other volllnteer positions are you interested in? An you a City reside1ll?-->-~ lfso. how long? 10 of '1#c Resistered voter? ..,_ Do you now hold public Ottee? A1 d If so, what is that office? - Are you employed by the City of Naples or 8IIY other governmental body? "No Are YOll rclaled to anyone employed by the City ofNaples'l ~ Please list any City of Nap lei boards or committees on which you have previously served: - Please mwclltc any City ofNaplca board or collUnittee on which you currentlv serve: '?.._.......:Js: ----",........ f Do you serve on a board or comminee of Collillr COWlty or other government? A'~ If so, what is that board or committee? _ ' Plc.u.list YOIIf community activities (Clvic clubs, neighborhood II5llOCiatiolUl, ctc, ) ~~:':~~- ?--" ~,,_u \.L.-,~ --~ 4-M~ C-".,.....-.....- "'-'1Iuft.:_,<" 9.,....by ..wAJ/I ~~.J ~...~""-.~ C&..-J+t;~ Pl.", m.elo}'ll'" ~J".' "rRI ,..viII, 1M """'. _ _,.,., II/ . 1oaI11,,,lhUluIli ",hI> e". """"... ,..., Nckpo.,,1I ,,"11 o:p.,i."e., "'II WIle""." d.M1d ../.....'..lId I. II.. City CIa,k', ogre., 71$ EI,Io,,, SIred Sou'h, NfIIIl... F/Drid" 14]OJ-6796.. If"." wI,It, F-' fIDe }>II'" fIII,lictnlD" '0 lIt. -",I.. IIJ' '10. ell}' a"." .. ZlP.I1J-J02f. '2u.'o". ....uM .. tlir...,.VI " Z!lP-21J-JO]J, 77,,"''')'fI'' 10' }'fJfI, willi""",.. '" b. of"'""" '" yo", '....""'/y. 1'It_ Nolc: ThO., appoinltd 10 C;,y boord., r;ommincCl or .uthoririe. ma)' not reprelenr ...rill., b.m CiIy ;OVCrlllllCIl' p",ceeding. or ltlIY DOt do bUliAes. >"ill> the City, eidu:r <i....ctly or ilIdi,octIy, '" copy of the City'. Cod. of Ethic. (Alticle IX ot the CocJc at Or.m..ncc,) will be provided oy 111. ell)' Clorll;', 01'&. ~poo '"'luest, Pl.... C&lI239-213.\015 Confizm back(lrOund IJ'lt A;Poricoct.tth: ::ra t, ~t.,:;; tf--4t>....... ;.-I...~ ~~~' c.....J., ~. (Ad<lr...) ;r. G"r. ;...A, ""~4.... ~u04 AI.. ,r.-I- -<Pbon.) u: z: ' M:\lW'\BO^I\l)S'I'OAAlSW!'l.C'lW" ,R!VlSf:P lOO6,lJOC 04/19/2007 l2:18 2392131025 CITY QERK PAGE 04 Agenda Item No. 9i4, June 12, 2007 Page 12 of 22 COrDIac: Giblin 770 Fountainhoad Lane Naples. FL 34103 Day: 239,649-4040 Ev=ning: 239,649,8918 E-mail: CormacGiblin@Wil50nMilIcll:.com WDrk Expt!rierJCI Project Manaeer, WilsonMiller, Inc, March 2007 to Present Dun. . Provide professional plannin~ desiJII. and con~u1ting services to a multitude of private md public sector cliQllS, lIollsing aDd Grants MaDacer, Collier County, Oct. 2004 to Feb, 2007 Duties . Supervise program activities and staff 10 implement the HousinS Element of the: Growth ManaJement Plan (GMP), the Land Development Code (LDC), the Houstus Assistance Plan (HAP). Hl.JD Consolidated Plan. and the: HUD &l1IIual Action Plan . Meet aIld n<:>gotiatc with land owners and eitizens relative to affordable: housing activities, guidin& many developments from concept to c()mpletion . Review DIU's, PUD's, rerones, ~itc development plans,md other development oId~ for compliance with all applicable Colll\ty replalion. . Manage, direct,lInd evaluate an assigned staff'of 12 employees, procc:ss employee concc:ms and problems. direct work, counsel, discipline, and complete employee pmormance appreisala . Advise senior management, including the County MJDagc:r and the Bow of County Cc;mu:nissioners, on issues related to afford.1hle housing, grant programs, 1011& range and CWTcct p1annin& . Direct and supervise staff and consultants in the process of developing and imple:menrin& the Housing Element of the GMP and LDC . Provide management and oversight of the Community Development Block Grant (CDBO) entitle:ment progTarn, the HO:!\.{E entitlement program. the ADDI entitlement pIOgram, the COC enlltlement program, the SHIP program, and the ESG entillernenl progTBm 8Jld c:mure 1heir complilUlCc: with state and federal requirements . Interpret laws, regulations, and guidelines as they pertain to housing programs . P.ovide oversight [0 the COWlty'S affordable housing acti~ities as a whole and supervise compliance with the Florida Housing Finance Col]lQration, Along with local, state, and federal government requir=enlS . v... ,~go. - --- H1r 04/19/2007 12:18 PAGE 05 Corrrllr!!~~tem I~o, 9A PagO of.Jle 12, 2007 Page 13 at 22 . Direct additional depllrUllental ~snuns. such as i~pact fee waiver and d~forraJ programs for affordable hol15ing, t'aat-track p=lItlna. down payment asSlstlnce programs and homeo1Wcrship rcbabilitatiOll programs . Develop, 'admiuistcr, ~ dcfm4 the ~eplllUllent.a~ ~&et of over $9 million per year and provide input 111 the prl:paratlOD of the di V1SI~na1 bud:et , . Identify the fllteCut of funds needed for staffing. eq1l1pment! proil'ams, strategies, and special projects, as well as monitor and approve expenditures . ReCl'\lit, evaluate, and select qualified staff . Coordinate and/or initiate respoDSes resulting from BCC direction . Present; explain, and comment on tie!llrtmentaJ programs, plllllS, and objectives to various iI'OUPI. including the Board of County ConunisaioDCl1, senior management, COUllI)' ArtOlDey, financial institlllJons, employers. civic associr.tions, lOQial service agencies, and the general public · MaintaillliaisoD5 wiUt officials and representatives I)f sta1e, environmental, Je\'elopmeru. and citUcens' organizations · Supmrise and condUct public meetinp of the Affordable HOUliing Commission, Workforce Housing Advisory Comrnitu:c, and Citizen Advisory Taskforce · Advise these commissions concerning all of the County's grant programs. procedures, and regulatory requirements . Review and r.ssure quality control of staff reporlli and leSponaes to a<lministrati "e actions · Oversee, prepare, develop, rcvio:w, and evaluate highly technical studies, reports. and analysis, 2392131025 CITY CLERK Manlier of Houlling Developmeot, Collier County, Jan. 1999 to Oct. 2004 Duties . Direct, oveIllec, and participate in the development of affordable bousing through the department . PI~t, explain, and comment on departmental programs, plans, and objectivctl to various groupii, including the Board of County Commissioners, financial institutions, employers, civic: associations, and media · Identify the forecllllt of fundt n&edecl for staffing. equipment, programJ, strategies. and special projects · Implement, lltJlend. draft, and upclate the County's Affordable Housini ordinallce · Create, recommend. and implement new progrB[1lt and policies to meet the COWlty'S affordable boWling goals and objectives and then establish and administer proiflllll policics and objectives . ~t as aenior liai5Dn to, coordinate meetina:s for, and provide staff for the CIty/County Affordable Housing Commilisioll . An~lyZe and provide recommendations regarding IcqUestB for dc:I1sity bonuses. waIVers and/or deferral ofunpaet fees, and down payment assistance to make affordable housing economically f~ible · Administer and implement the progrum and policies identified in the Collier County Housin, InCentive Plan . V". I>> """ I I I I I , I 04/19/2007 12:18 2392131025 CITY CLERK PAGE 06 CI)~~{l4\1tHem f\lo. d.A. Page J t!/J'fle 12, 2007 Pa~Je 14 of 22 . Update the Housing Element of 1M Collier Count)' Growth ManaleIIlcmt Plan for approval by SUle regllllton PlanDer II, Collier County. July 1997 to Jan. 1999 Duties . Administer tbe SHIP Down Payment & Closing Cost AssisWlce and lUsidmtial Rehabilitation Program, for the mJl Deparnncnt . Wmk with individual bomebuyers and bomeav.nc;rs in applying for assistance to plJ1'Chase aDd! or rcDOvate their homes . Coonhnate with other ColUlty dcparunenlll, private banks, mortgage, and title companies ensllrins smooth transactions . Act as project manager for rehabilitation jobs doing everything from ereatill& the work writs up, sllndina: jobs Ollt for bid by contractors, ncgalillung contractS, and ill9?c;ctingfinal work, Fixed Asset Coordiaator, City of Naples, July 1996 to June 1997 Dlltiell . Various special projocts and reports, inCluding a physical inventory of all Public Works Department fixed assets . R.eported directly to the Public Wor!:. Director EDUCATION SachtJor of ArUm Political Scie.c:e. Public Adml.btnUoD The University of Flori<la. Gainosvillc, FL; 1996 Certified Public MlUlacer, Le\-elll Certificate Florida Stale University, Tallahassee, FL; 2000 Leans 10 Lead Certifiease, The UniveI'!lity of Floride-ExlClllJion, Naples, FL; 2004 CIVIC INVOL VEMENT . Cllrrent President, Park Shore Aisociatiou . Past-President. PlIrk Shore AS!IOcietion . Pasl Vice-President, Park Shore Associlllion · Chairman City/CoWlty Affairs SlIbeouunitleo, Park Shore Associatioa . Chainnau Disaster Preparedness Subcommittee, Moorings Presb>'lerian Church .....,..,"" ~- ,"-, """"'''''.....'-T'' MEMORANDUM .6.genda Item ['<0, 9/" June 12, 2007 Page 15 of 22 DATE: May 7, 2007 TO: Marcy Krumbine, Housing and~services Director Sue Filson, Executive Manager j Board of County Commissioner , FROM: RE: Affordable Housing Commission 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: Stephen J, Hruby 1800 Gordon Drive Naples, FL 34102 Robert W, Deeks 7095 Pond Cypress Ct., #101 Naples, FL 34109 Mary Judith Garland 238 Torrey Pines Point Naples, FL 34113 Brian L. Goguen 6210 Golden Oaks Lane Naples, FL 34119 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration, Please 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 filson_s Page I of2 Agenda Ilem No. 9A June 12.2007 Page 16 of 22 Advisory Board Application From: sh ru by@architectsunlimited,com Friday, May 04,200712:15 PM filson_s .t: ~: 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: 5/4/2007 12:14:47 PM. Name: IStephen], Hruby! Home Phone: ~39-430-80111 Home Address: 11800 Gordon Drivej City: !Naple~ Zip Code: 134]021 Phone Numbers Fax: ~39-430-300~ Business: ~39-430-30051 . e-Mail Address: Ishruby(<1)architectsunlimited,comj Work Place: !Architects Unlimite~ How lon~ have you lived in Collier County: [IQI Have you ever been convicted of any offense a~ainst the law? ~ Are you a registered voter in Collier County? ~ Board / Committee Applied for: !Affordable Housing Commission! Category: !Not indicatedj Do you currently hold public offfice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ . Please list our communi activities: rganization and Community Activities: Member of the American Institute of Architects (AlA), ember of National Council of Architectural Registration Boards (NCARB), Member of National ssociation of Housing and Redevelopment Officials (NAHRO), Member of Urban Land Institute ULI), Member of Collier County Economic Development Council (EDC), Member of Executive 5/7/2007 .,. Advisory Board Application Page 2 of2 - Allenda Item N ,9A ounci! of Southwest Florida District Council of ULI. Chair of the Attainable Housing comm,iilili~o . 007 e SWF ULI. Mentor to ULI/EDC Work Force Housing Demonstration Project, Member offilJ)(J 7 f 22 ommittee on Collier Coun Housin Stimulus Pro am. " ~) Ex erience: xperience: Mr, Hruby is a founding principal of Architects Unlimited, a 25 year old architectural, ban design and town planning firm, and President of that fmn's affiliate, AU Consulting which cializes in housing and development consulting, The firms were established in New York City and elocated their corporate offices to Naples, Florida in 2002, They engage in a national practice with a rimary focus on housing and community revitalization, Mr, Hruby is a nationally recognized specialist in housing with a particular emphasis on affordable housing, mixed income communities an ommunity revitalization, He has extensive experience with the public administration of large ommunity revitalization programs and funding grants which he has gained through more than 30 ears of experience in master planning, mixed finance funding, program management, strategic capital lanning and administration, zoning, and land use. Mr, Hruby is highly skilled in community articipation and consensus building and is noted for his ability to achieve consensus among takeholders with varying priorities, Mr, Hruby has been in charge of numerous community evitalization projects involving mixed-income, mixed-finance housing and mixed use developments ough out the country, He has overseen the master planning, and or program implementation of OPE VI and mixed finance developments in Memphis TN, Baltimore MD, Orlando FL, Dallas TX, ontiac MI, Springfield OH, and Cincinnati OH among others, Mr, Hruby is a distinguished authority n both the physical design aspects of community revitalization and the funding mechanisms, such as oca! and State, and Federal grants and Tax Credits which make his vision a reality, His most recent ccomplishment was a 6-year long revitalization of the Uptown Neighborhood in Memphis TN which urrounds the renowned St. Jude Children's Hospital, Mr. Hruby was responsible for the overall eighborhood revitalization master plan, and functioned as the program manager throughout the 'mplementation of the project. Financing mechanisms included federal HOPE VI grants, local ontributions, Low Income Housing Tax Credits, bond fmancing and Tax Increment Financing, A ommunity Revitalization Authority was established, overlay zoning was crafted and overall design dards and prototypes were developed for affordable and market rate housing, A sizeable property semblage was accomplished for construction of infill housing, Code enforcement was revamped and frastructure improvement programs were implemented, Mr, Hruby has served as Director of Capital mprovements and Development for the housing agencies of Memphis TN and Camden NJ undcr rivatization contracts AU had with those cities, These experiences formed his consummate derstanding of the complexities and challenges faced by municipalities in developing and managing ordable housing, Mr, Hruby has developed numerous strategic housing plans for capital provement and development in some of the largest cities in the nation. He crafted the underlying trategies fOI the housing revitalization policies in Baltimore MD, Washington DC, Newark NJ, St. Louis MO, and East St. Louis IL among others, His plans remain the guiding principals for community evitalization and affordable housing development in those cities to this day, Mr, Hruby was a member f a Housing and Urban Redevelopment (000) Target Team established by then Secretary Henry isneros to improve the troubled housing agency in New Orleans, LA. Mr, Hruby was in charge of eveloping the overall capital investment, community revitalization and affordable housing evelopment strategies for the city's housing agency to achieve HUD's goal of improve housing onditions in the city. Mr. Hruby has also conducted training programs for municipal housing agencies , strategic capital and development planning though out the nation, Mr, Hruby is a registered rchitect in 6 states, includin Florida and holds a national accrediation. .... 5/7/2007 Do.reI o( COli II., Conaml..ionel'8 >>lit F_ T.....' TNn NapI.., JIL JeU, QD) 7'7"'" FbI tDt) '7'7~ F',::,GE 02 Agenda Item [\Jo. 9A clune 12, 2007 Pa~e 18 of 22 05/B412007 10:0& 23'32032135 14APLES LIQUOR . ~-' ~.', ~ " '- j -- , t, Application for Advisory Comm.tteeslBoarda Name: 2$C/Lr tv ~t';"~ H_......e:D1-.2>Y-?r.s-z, /1 ;//4 P&5 1J0meAddrea: ?o<j!) 'f-O,vO t7vhrio;; ,.;T-#/6/ Zip Code: ~ '-/jP'l , FuSo...:JtS-2/9''''--llusie_PbODe: 26?:- ~r:.5- _lIil...w.-~-r.k~ Q uPe-fllj,~ ~ .it/e-7" Place of ElIIp/0y8_I: Yfi~~ ).7 l)(J.....s: +- II&="",-o".e ~..& ) '7 1/(OA-5 Board or Co....ittee Applied for: rlr;;;:'...OAit; )/f!vS/",~, ~,-#?:<;<,;',J ./ Category (If applicable) 1:.......: Co....... ~ De,""'I'~"~'" ........... Ho.. 1011II hne YOIIIl"ocI ill Collier County: Y """ 1/~ MOlItlu 1_ Are you a reglatered ....tv In Collier Coua 1)': Y.. V.,No Do you <lIrreod,. ....... public offil'e1 Yet If so. ""at i. !hit oIIkoT No .--- . ant you e\'er beeD collricteel of Dy ofJ'_ a&1lia.' 'H La",? Yell ./' No rr",.. eJploin: I S-,P"",,, ,.u-. ""I,~~ / Do:ftHl "".. _ or h_ _..er _, .. . CoIIior c.....,....... or _....! ".. v' No 11.);... plea.. fi.llI. .-1IIi-.1>earda: (~:;/;::;:+;JJ,,"rrV'1I. ~~ .....,</<- - :::J-,D.;'-' "<>.rrT-J>:::' Please list ,our ..... /)I ,oJ....<;. L I 7 /'(":,LL, ~'I""" "19 ...lvlli... (civic <h,bo, icll....rlI00d -wUou, fie;. MIl poohlon. ....d: ~ ,-' ' - ~ , o~,1- .;- D:n,-...{) ,. E",.. '" ..---r': "<'//-1'-<;-,"- - --r;t2~., Th-Z::- m__Il.-<'-' Edurat....,?r.4 - nHhC_kf:"I,;"'~ - t?.r.....;r,,<:J~'O -r,-;4c.4i~(.' I Ex ri......, A ~ ,c;.1t....~ - T~r ~ ~/;..., 1r1e-C-#/~""c~vr~ ~~ ~,~pe ,z..~~ ,.,....L~t.." :;"~l";h; L/J, f""~'...-r -r.....aiJ .4';"7.'. ?Wy-~ , ,"1..- ( -~/2 "'-;Z.; 7.4 ""~",, ,/-G, =z3Z1f< /:;'Q <'7 VC'''-' .,,-.t..Le.e - - ---- i-J -/71 ' ..v: 7-" :> ,""'" - _ '2- _) -"Lc ,/ '~I'-- f'7t.a.c ..l. ,;2.. r~d"'v <- '"Cl~ '-.... . OW '-'L-~ ?-.c:;, . ~~ p.l~ 7WI",,-...; ln' --.uw;_. -AlU.,S-"....~M.....,. PlftHIllltldtl1lf1 r--. ,. .~ --" lie dala...l.fem-qc.....UI... ~J.IJf/s.r---T....~~Ut'~u.::~.,c=c:. t (2JJ}71I-J6#]o"e.,..;J,.--r .....~,JI& ~,..Jfw ; , t-->- Advisory Board Application filson_s Page I of2 Agenda Item No, 9A June 12,2007 Page 19 of 22 - ."--~---"-------'-----"--~'~------,--",_._~---~-----~-'----"----'----~---'---'-~-~---------------_._~---~-- -'-rom: mjgfgg@earthlink,net ~t: Thursday, May 03, 20079:04 AM ~: 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: 5/3120079:04:06 AM. Name: /M'ary Judith Garlan~ Home Phone: ~39-417-843~ Home Address: 1238 Torrey Pines Poin~ City: lNaple~ Zip Code: ~ Phone Numhers Fax: ~am~ Business: ~am~ ) e-Mail Address:lmjgfggia)earthlink.ne~ Work Place: ISelf employed consultan~ How lon~ have you lived in Collier County: II] Have you ever been convicted of any offense a~ainst the law? ~ Are you a registered voter in Collier County? ~ Board / Committee Applied for: !Affordable Housing Cornrnissionl Category: IN ot indicatedj Do you currently hold puhlic offfice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ ~ Please list our communi activities: recently became a permanent resident of Collier County, moving from Michigan, In Michigan, I was e administrator of a non-profit organization that provided vocational training to people with isabilities and those living in poverty, Affordable housing is an issue for those populations, as well as taffwho work with them, My community activities included chairing the local economic development 5/4/2007 Advisory Board Application Page 2 of2 . Aoenda :tern t,~o. A gency in Mt. Pleasant, Michigan, chairing the state association of community rehabilitition!pJ:{)gr;am 7 serving on the speaker's bureau for United Way, working on numerous committees for the C"n'.mlber if 2 ommerce, and servin as Vice-Chair of the Michi an Women's Commission, . . 5/4/2007 Education: !Graduate of Marshall University, Huntington, wvj Ex erience: uch is listed above, I was the Chief Executive Officr of MM!, a non-profit organization providin ervices to eo Ie with barriers to em 10 ment for 24 ears, . r' Advisory Board Application filson_s Page I of2 Agenda Item No, 9A June 12, 2007 Page 21 of 22 ,... -- -- .-.-------------...--------..--------------.----------------~.- ~..""7rom: bgoguen@barroncollier,com Wednesday, May 02, 20076:32 PM filson_s ~t: ~: 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: 5/2120076:32:24 PM. Name: !Brian L Goguen! Home Phone: ~39-513-06631 Home Address: ~21 0 Golden Oaks Ln! City: !Naplesl Zip Code: 1341191 Phone Numbers Fax: ~39-263-333~ Business: ~39-262-260~ ') e-Mail Address:/bgoguenlalbarroncollier.coml Work Place: !Barron Collier Compan~ How lon~ have you lived in Collier County: []] Have you ever been convicted of any offense a~ainst the law? ~ Are you a registered voter in Collier County? IY d Board / Committee Applied for: !Affordable Housing Commissio~ Cate~ory: !Not indicated! Do yon currently hold public offfice? IYesl Do you currently or ever served on a CoUier County Board or Committee? ~ ... Please list our communi activities: outhwest Florida Urban Land Institute - Vice Chair Economic Development Council of Collier ount - Board Member Education: 5/4/2007 Advisory Board Application Page 2 of2 11,.....an'-.l;:l Item t.~o. 9.A. lGulfCoast University - Executive MBA Rensselaer Polytechnic Institute - BS in Managementle 12, 2007 r-age 22 of 22 . Exoerience: have spent a significant amount oftime over the past year learning about the challenges of roviding workforce and affordable housing in Collier County, I assisted in organizing and worked closely on the workforce housing program that the EDC fULl presented to the Affordable Housing Commission, . . 5/4/2007 , Agenda Item No, 98 .June 12, 2007 Page 1 of 7 EXECUTIVE SUMMARY RECOMMENDATION TO DECLARE A VACANCY ON THE PARKS AND RECREATION ADVISORY BOARD OBJECTIVE: To declare a vacancy on the Parks and Recreation Advisory Board, CONSIDERA nONS: 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 circwnstances, Ncverthe]ess, 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 tor more than one-half of the Board's meetings in a given fiscal year shall be deemed to have tendered his or her resignation tix such Board, The Commission shall, as soon as practicable after such resignation, declare the position to be vacant 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 by the Commission, B. ]n the event that any Board member is absent from two consecutive Board meetings without a satisfactory excuse acceptable to the Board chairman, the Board chairn1an shall state such fact at the next regularly scheduled Board meeting and shall thereafter notify, in writing, the Executive Manager 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 membcr was abscnt 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 hcr position is declared vacant. C. A member or a Board shall be deemed abscnt from a meeting when he or she is not present during at least 75'Yo of the meetings, Included in the backup is a memorandum from thc Chairn1an of the committee requesting that the Board of County Commissioners declare a vacancy on the Parks and Recreation Advisory Board, Beth Bm1h appointed on July 25, 2006, has 3 unexcuscd meetings and has vcrbally resigned, FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA nON: That the Board of County Commissioners consider the recommendation to declare a vacancy on the Pm'ks and Recreation Advisory Board and direct the County Attorney to prepare a resolution declaring the position vacant. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Date: JUNE 12, Z007 COLLIER COUNTY BOARD DF COUNTY Cor\1~~ISSIONERS Item Number: 'B rtemSummary: Meeting Date: ri8COp,rtlellClahm le:j' clme ,'I va;;;mc\, ,m the r:-'iJrk~; ,3nd Ren,"dtIDrI .4,cJvlsory EDmd Cl12!:'()07 ,'()(J ()OF,M I'rcp:lrcu By Sua Filson EX()G~Jtive Manager to lIw Bee Date 80ardofSoun\y Comm,ssioners Bce OffIce ApproVl'u By J~mcsV_Mudd Cout1tyMJm,ger Date BCla,clorC<lllnty CommissiOrlE:cs County Manager's Office 5,'3()120079:31 AM n,,,,,,,,, ",_"V""""...,,,,., ""'AT>". ~~"""^"-'~n''''''',-,. '"' '.T"H Aqenda Item [\10. 98 - June 12. 2007 "age 3 ~f 7 MEMORANDUM DATE: May 16, 2007 TO: Sue Filson, Executive Manager Board of County Commissioners FROM: Tona Nelson, Senior Administrative Assistant Department of Parks and Recreation RE: Parks and Recreation Advisory Board Vacancy Mr. John Ribes, the Chairman of the Parks and Recreation Advisory Board has requested that I write this memo, He is requesting the Board of County Commissioners to declare the seat held by Beth Barth vacant. She has missed (3) three unexcused meetings, The last meeting she attended was on February 21, 2007, We have received a verbal resignation by phone, If you need any more information, please call me at 254-4031, filson s .1\genda Item No, 98 June 12, 2007 Page 4 of 7 From: Sent: To: Cc: Subject: NelsonTona Monday, May 07,200710:41 AM filson _ s Williams Barry Beth Barth - Parks and Recreation Advisory Board members not attending meetings Sue- Barry just talked with Beth and she said that she had resigned, He asked for an email to confinn the resignation and she would not commit to sending an email or letter and then hung up, Question is can we take Barry's verbal conservation with her as a resignation and have the seat vacancy advertised? Tona Agenda :tem No, 9B J~Jne 12, 2007 t="!age 5 of 7 ( - Parks and Recreation Advisory Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms, Sarah Geroy 261-0185 12/12/06 12/31/10 4 Years 1917 Holiday Lane 793-7141 Naples, FL 34104 E-Mail: kerry,geroy@nationalcity,com District: 4 Category: Urban Mr, Timothy D, Toole 643-1844 03/08/05 12/31/05 9 months 1819 Princess Court 597-8690 12/13105 12/31/09 4 Years Naples, FL 3411 0 E-Mail: tim@naplestitle,com District: 2 Category: Urban \ ~eJ Mr, John MacDougall r>>10~/o1 370-3304 10/22/02 12/31/03 I Year ~- 598-4105 02/1 0/04 12/31/07 4 Years ( 9809 Whitehall Street 3,f} Naples, FL 34109 E-Mail: District: 2 Category: Urban Mr, John p, Ribes 261-4007 10/24/00 12/31/03 3 Years 218 W oodshire Lane 02/1 0-04 12/31/07 4 Years Naples, FL 34105 E-Mail: District: 4 Category: UIban Mr, Frank Donohue 597-4575 OS/28/02 12/31/02 7 months 5961 Westport Lane 353-8584 12/12/06 12/31/10 4 Y cars Naples, FL 34116 E-Mail: emeraldladyyacht@aol.com District: 3 Category: Urban Thursday, December 14. 2006 Page I (lf3 r Agenda Item No, 9B June 12, 2007 Page 6 of 7 Parks and Recreation Advisory Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr, Edward Olesky 600 I Lake Trafford Road Immokalee, FL 34142 E-Mail: District: 5 Category: Immokalee .\ .\41~ Ms, Beth Barth ve~ riI' 1746 Knights Court \t"'j Naples, FL 34112 E-Mail: jbarth28@comcast.net District: 1 Category: Urban 657-2401 OS/26/98 12/12/06 12/31/98 12/31/10 7 Months 4 Yrs, , ,1,r7 Y bi""',, ,-(, {, 'J ~ ) '\ ~ 793-5798 07/25/06 12/31/09 3 Years l Th~rsdd;; Decem';;;' 14, 2006' .'".:c-,>, Page 2 of3 Agenda Item ~Io, 9B June 12, 2C107 Page 7 of 7 ( Parks and Recreation Advisory Board Name Work Phone Home Phone Appt'd DateRe-appt Exp. Date 2ndExpDate Term 2nd Term This 7 member committee was created by Guidelines established on 11/25/75 and confirmed by Ord, No, 93-81 to advise the Board of County Commissioners on any matters conceming acquisition, development and programs involving parks and recreation facilities in Collier County, Membership consists of 1 member from the Immokalee Community Park District, and 6 members from the Naples and Urban Area Community Park District. Terms are 4 years, ( FLSTAT Staff: Tona Nelson, Parks and Recreation: 353-D404 Thursday, December J 4, 2006 Page 3 of3 EXECUTIVE SUMMARY Agenda Item No, 9C June 12, 2007 Page 1 of 14 APPOINTMENT OF MEMBER(S) TO THE PARKS AND RECREATION ADVISORY BOARD OBJECTIVE: To appoint 2 members to fulfill the remainder of vacancies representing the Naples and Urban Area Community Park District; I expiring on December 31, 2007 and I expiring on December 31, 2009, to the Parks and Recreation Advisory Board, CONSIDERATIONS: The Parks and Recreation Advisory Board has 2 vacancies due to resignations, Representation on this board consists of I member from the Immokalee Community Park District, and 6 members from the Naples and Urban Area Community Park District. This 7 member board advises the Board of County Commissioners on matters pertaining to the acquisition, development and programs involving the County's park facilities, Terms are 4 years, A list ofthe current membership is included in the backup, Mr. John MacDougall resigned on March 31, 2007 and Beth Barth resigned some time ago but refused to submit letter of resignation, A press release was issued and resumes were received from the following 3 interested citizens: APPLlCAI'T CATEGORY DIST ELECTOR ADV, COMM, Barbara F. Buehler Naples and Urban Area 5 Yes None Bart Zina Naples and Urban Area 2 Yes None Thomas D. McCann Naples and Urban Area 2 Yes None COMMITTEE RECOMMENDA nON: Applicants ranked in the following order: I, Bali Zino 2, Barbara Buehler 2, Thomas McCann - not present for interview FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA nON: That the Board of County Commissioners consider the recommendation for appointment, appoint 2 members, and direct the County Attorney to prepare a resolution confirming the appointments, Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JUNE 12, 2007 Page' or ,o<wnd:i ltun . ,lune 12 f':qr-;:;'JI COLLIER COUNTY 8DARD OF COUNTY corM,1ISSI0NEP.S Item Number: Item Summary: Meeting Date; ;,'pr Qlnr'Tlent of ,llernbt'rs tu H+ Pij,.k& and ~~"" ITia\lor, f'.dvISQI\' 2nu-d ,):'~ ~i20Di 9.0[j':m AM Prepared By Sue Fil~on !::xecu:<ve ManJgerto t!1oo Bee Date BClMdofCounty CDmmi~s,oners BccomCB ApprII\'cd By J"mC5V, Mudd County Manager DJte Bo~rd of County CDmmisslOners County Mafwger's Off,ce 51301200110,11 AM ""L.II"_\. ~~..L.7' ... ~~\n. ..... .,>/""","'1" "'I""""""",,,,,, "/"'I"nr.. nro."'''''''r.l~'' "'I{vv"\~ n.T'r" ,l1,ge;lda item f'.Jo. 9C June 12, 2007 Page 3 of '4 COLLIER COUNTY DIVISION OF PUBLIC SERVICES Parks and Recreation Department 15000 Livingston Road. Naples, Florida 34109' Phone (239) 254-4000. FAX (239) 514-8657 Website: colliergov,net MEMORANDUM DATE May 16, 2007 TO Sue Filson, Executive Manager Board of County Commissioners FRorvl: Tona Nelson, Senior Administrative Assistant Department of Parks and Recreation HE Parks and Recreation Advisory Board At the regularly scheduled meeting of May 16, 2007 the Parks and Recreation Advisory Board members interviewed the applicants for the two Advisory Board vacancies and ranked the applicants as follows: 1, Bart Zino 2, Barbara Buehler 2, Thomas McCann - Barbara Buehler and Thomas McCann received the same number of votes, None of the applicants are incumbents, If you need any more information, please call me at 254-4031, c o 1~':' e r C o u n t y ~ ~ Agenda Item No. 9C .June 12.2007 Page 4 of 14 Parks and Recreation Advisory Board Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Sarah Geroy 261-0185 12/12/06 1917 Holiday Lane 793-7141 Naples, FL 34104 E-Mail: keny.geroy@nationalcity.com District: 4 Category: Urban \ ! Mr. Timothy D. Toole ] 819 Princess Court Naples, FL 34110 E-Mail: tirn@naplestitle.com District: 2 Category: Urban , J f'& Mr. John MacDougall >>\0\/01 9809 Whitehall Street rs ,rr Naples, FL 34109 E-Mail: District: 2 Category: Urban 643-1844 03/08/05 597-8690 12/13/05 370-3304 10/22/02 598-4105 02/10/04 Mr. John P. Ribes 261-4007 ]0/24/00 218 Woodshire Lane 02/10-04 Nap]es, FL 34105 E-Mail: District: 4 Category: Urban Mr. Frank Donohue 597-4575 OS/28/02 5961 Wes1port Lane 353-8584 ]2/12/06 Nap]es, FL 34]]6 E-Mail: cmera]d1adyyacht@aol.com District: 3 Category: Urban {-. 12/31/10 4 Years 12/31/05 ]2/31/09 9 months 4 Years ] 2/31/03 ]2/31/07 1 Year 4 Years ] 2/31/03 ]2/31/07 3 Years 4 Years 12/31/02 ]2/31/10 7 months 4 Years Th:~;~d;;y:T5~~~;"b~';~;4:2Bo6~=~'~:'2?:r~'~,'v-~,O\:"'<; ":'-:'~"""~-':"'''''~~~=''~T~{.~p;;~~:l;J3~"::.?'C-')",,~-'-~--',-~;-;" '!C'-;".H:l:;;::;;T'-:;;:=':;.,:-;::-7,'~-";~ Agenda Item No. 9C June 12. 2007 Page 5 of 14 ( " Parks and Recreation Advisory Board Name Work Phone Appt'd Exp. Date Tenn Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Edward Olesky OS/26/98 ]2/31/98 7 Months 6001 Lake Trafford Road 657-2401 ]2/12/06 ]2/31/] 0 4 Yrs. Imrnoka]ee, FL 34]42 E-Mail: District: 5 Category: Immokalee .\ ,~ Ms. Beth Barth ~efP 07/25/06 ]2/3 ]/09 3 Years 1746 Knights Court \€ ~'0 793-5798 Naples, FL 341]2 E-Mail: jbarth28@comcast.net District: 1 Category: Urban c c Ti;l'~-;sd~y: jj"'e~;:b~~'Y:{'2006-'~"~"'- -.- - ,.c_; ::--?o-'__~. " "c-",,"r_:.'~.~~ '<.~" _", Page 2 of] -- r \. (- . Agenda Item No. 9C .June 12, 2007 Page 6 of 14 Parks and Recreation Advisory Board Name Work Phone Home Phone Term 2nd Term' Appt'd Exp. Date DateRe-appt 21ldExpDate This 7 member committee was created by Guidelines established on 11/25/75 and confirmed by Ord. No. 93-81 to advise the Board of County Commissioners on any matters concerning acquisition, development and programs involving parks and recreation facilities in Collier County. Membership consists of 1 member from the Immokalee Community Park District, and 6 members from the Naples and Urban Area Community Park District. Terms are 4 years. FL STAT Staff: T ona Nelson, Parks and Recreation: 353-0404 '.'~--:-e.o~:__'.:'_,_""".'.,",-___.,,:-,.':,,,,,_,,_,,__,,,,,::__,::~ 17;u;;d~y~ ij~c;~b;;' j 4, 2006 A .. ~ c ...,,0 ~':"~:-::,,--~'~;OC."Y;0 ',,-,:: 'c.''" 'c',,-~~._ ::;;',.., .'.~~.'_ '."._:~_ "..'",-,_..C-:...,. Pagel of 3 /-'\genda Item No. 9C J~_ms 12. 20U7 P3ge 7 of 14 MEMORANDUM ~~";'\ DATE: April ] 6, 2007 Elections Office j Sue Fi]son, Executive Manager J' Board of County Commissioners TO: FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. A]so, please list the commission district in which cach applicant resides. PARKS AND RECREATION ADV BD COMMISSION DISTRICT BarbaraF. Buehler 3989 Bishopwood Ct., W#102 Naples, FL 34]]4 5 ~ 0\ Bart Zino ] 13 Heritage Way Naples, FL 34] 10 Thomas D. McCann 709 Pitch Apple Lane Naples, FL 34108 Thank you for your help. . ,..- MEMORANDUM Agenda Item No. 9C .June 12. 2007 Page 8 of 14 DATE: April ] 6, 2007 TO: Tona Ne]son, Parks and Recre~ai Sue Fi]son, Executive Manager Board of County Commissioners . FROM: RE: Parks and Recreation Advisory Board As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Barbara F. Buehler 3989 Bishopwood Ct., W#102 Naples, FL 34]]4 Bart Zino 113 Heritage Way Naples, FL 34110 Thomas D. McCann 709 Pitch App]e Lane Naples, FL 34108 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 4] 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 filson _ s Page] of2 Aosnda Item No. 9C '-" ,June 12, 2007 Page 9 of 14 Advisory Board Application From Robert. buheler@comcast.net -'t:: Monday, April 09, 2007 5:13 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: 4/9/20075:13:02 PM. Name: !Barbara F. Bueh]erj Home Phone: ~39-4] 7-]84]1 Home Address: 13989 Bishopwood CT W #]021 City: lNaple~ Zip Code: 134] ]41 Phone Numbers Fax: I Business: I _ e-Mail Address:lRobert.buheler(aJcomcast.nc~ Work Place: IRetire~ How long have you lived in Collier County: I[@J Have you ever beeu convicted of any offense against the law? ~ Are you a registered "oter in ColIier County? IY e~ Board I Committee Applied for: !collier County Parks and Recreation Boar~ Category: 1N0t indicate~ Do you currently hold public offfice? ~ Do you currently or ever served on a ColIier County Board or Committee? ~ - Please list your communi activities: olunteer Guardian Ad Litem 6 Yrs Volunteer Physicians Regional Medical Center-Collier Boulevard since it's 0 enin Education: 4/] 0/2007 '~ Advisory Board Application Page 2 of2 A onda Item No 9C 1960 Graduate of Bradley Bourbonnais HS Bradley n ] 970 Graduate of Co! of Advance .June 12, 2007 rans ortation Chiea 0 n Page 10 of 14 ~ ,..., . 4/10/2007 Ex erience: anager of Transportation @ Swift & Co Bradley I16 Years Transportation Manager@Bunge Food rad]ey IL ] 8 years also Warehouse Manager at same. Responsible for inbound crude oils for edible efine and delive of finished roducts to Customers Retired from Bun e in March of 2000 filson_s Page I of2 Agenda item No. 9C .June 12,2007 Page 11 of 14 Advisory Board Application From: Bzino@Pbscontractors.com et: Thursday, March 29, 2007 9:49 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: 3/29/2007 9:48:59 AM, Name: !Bart Zinol Home Phone: ~39-593-04241 Home Address: I] 13 Heritage Way! City: iNaple~ Zip Code: 134] 101 Phone Numbers Fax: ~39-643-10801 Business: tz39-643-65271 . e-Mail Address:!Bzmo!a)Pbscontractors.com! Work Place: !professional Building System~ How lon~ have you lived in Collier County: !more than 151 Have you ever been convicted of any offense a~ainst the law? ~ Are you a registered voter in Collier County? !yd Board / Committee Applied for: IParks & Recreation Advisory Boar~ Category: !Not indicate~ Do you currently hold public offfice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ . Please list our communi activities: urrent Leadership Collier Class of2007 Chairman of the Farm City Bar B Que Bonita Springs Paint our Heart Out Board of Directors for the North Na les Little Lea 'ue Education: 3/29/2007 'Jr. .~....~.,._._~._.,.._- "'1 Advisory Board Application !High School Some College State Contractors Licens~ C-l ~ 3/29/2007 Page 2 of2 Agenda Item No. 9C ,June 12, 2007 Page 12 of 14 ~ Ex erience: have always been heavily involved in Litt]e Leagues and youth sports. I have served on Consumer d Contractor Advisory boards in NY, and represented national trade and business groups as well. M ommunity involvement here in Collier County has grown over the last 9 years. I have worked xtensive]y with Joe Delate, Murdo Smith, Tony Ruberto, Mary Ellen Donner and Barry Williams on ommunity and professional issues many times, and feel that I have a better than average derstanding of Parks and Recreation in Collier County. As the father of three boys (] in college, 1 raduating high school and ] fmishing elementary school), I think I have a good feel for the needs of e outh of the communi , and can offer in ut from that se ment of the ulation. . . . Board of County Commissioners 33(11 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agenda item No. 9C June 12, 2007 Pape 13 'Jf 14 t. Application for Advisory Committees/Boards Name:_Thomas D. McCann Home Phone: 239-254-8331 Home Address:_709 Pitch Apple Lane, Naples, FL Zip Code:_34108_ Fax No._239-254-8331_ Business Phone: e-mail address:TMcCann24@Comcast.net_ Place of Employeement:_Retired Board or Committee Applied for: Parks and Recreation Advisory Board Category (ifapplicable):_Lay Person_Naples and Urban Area Example: Commission District, Developer, environmentalist, lay person, etc. How long have you lived in Collier County: Years_6 Months_6_ Are you a registered voter in Collier County: Yes_X No Do you currently hold public office? Yes If so, what is that office? x No Have you ever been convicted of any offense against tbe Law? If yes, explain: Yes No X Do you now serve, or have you ever served, on a Collier County board or committee? Yes If yes, please list the committees/boards: No_X_ Please list your community activities (civic clubs, neighborhood associations, etc. aod positions held:_ Elected Town Councilman in Westchester County, NY. Elected to Richmond, MA Planning Board. Vice-Chair (2 yrs) and Chair (3 yrs) of Berkshire County, MA Regional Planning Commission. Served as Berkshire County representative on Mass. Dept. of Transportation's_Metropo6tan Planning Association. Chaired the Parks, Recreation and Conservatiou Commission of Westchester County, NY for 10 years. Member ofthe Board of the State University of New York at Purchase, NY for eight years. Currently Member ofthe Board oftbe Naples Botanical Garden and the Boys and Girls Club. Educatioo:_BA (1962) Marquette Univ. JD (1965) Georgetown Univ. Law Center Experience:_1 served for 8 years on my MA Town Planning Board aod for 5 years as Chair or Vice-Chair ofthe Berkshire County (MA) Regional Planning Association. 1 also served on the Massacbusetts Metropolitan Planning Association and Cbaired Ibe Westcbester County (NY) Parks, Recreation and ~,~_.~..~...-._.. "--'--"--r--".~""~- '" -) ~ Agenda 11em No. 9C .June 12, 2007 Conservation Commission for ten years.. In the various positions I held, I worked with professionllolJge 14 of 14 staIT planners and state Planning, Conservation and Transportation officials.__ As Chair of the Westchester County, NY Parks, Recreation and Conservation Commission, I was involved with all aspects of park planning, acquisition and oversight. _We operated six golf courses, numerous pools and parks ranging from small urban pockct parks to the 4000 acre Ward Pound Ridge Reservation. PleJISe attach any addltiorud information you 1m pertirrent. This t1ppUcation should beforwarded tD Slit! Filsoll, Eucutive. Manager to the Board of County Commissioners, 3301 East Ttuniami Trail, Naples, FL 34112. If you wish, plea-ve fax YOMr application to (239) 774.3602 or e-mail tosuefil.mn(ii:cfJl/ier[Wl.. "el. Thank you for volunteering to serve the citizens of Collier Coun(V. EXECUTIVE SUMMARY Agenda Item No. 90 .June 12, 2007 Page 1 of 11 APPOINTMENT OF MEMBER(S) TO THE ENVIRONMENTAL ADVISORY COUNCIL OBJECTIVE: To appoint 1 Alternate member to serve a 4 year term, expiring on April 13, 20] I, to the Environmental Advisory Council. ,...... CONSIDERATIONS: The Environmental Advisory Council is a 9 member (plus 2 alternate members) council acts in an advisory capacity to the Board in matters dcaling with the regulation, control, management, use or exploitation of any or all natural rcsources within the County, and the review of all land development petitions which require an environmental impact statement (ElS) per section 10.02.02 A of the Code, all developmcnts ofregional impact (DR!), lands with special treatment (ST) or Area of Critical State Concernl Special Treatment zoning overlays, areas of the county covered by interlocal agrecments, any petitions which cannot be resolved between the applicant and staff. The membcrship will include technical and non- technical members. Technical members shall demonstrate evidence of expertise in one or more of the following areas related to cnvironmental protection and natural resources management: Air Quality, Biology (including any ofthe sub-disciplines such as botany, ecology, zoology, etc.), Coastal Processes, and Estuarine Processcs, Hazardous Waste, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution Control, Solid Waste, Stormwatcr Management, Water Resources, Wildlife Managemcnt, or other representative areas deemed appropriate by the Board such as, but not limited to, a representative of the development community. Alternate EAC mcmbers will be rcquested to attend meetings when regular EAC members have notified staff that they will be absent. Altcrnate members will participate in discussions and vote when replacing a regular member. Alternate mcmbers must be technical members that can demonstrate expcrtise in environmental protection and natural rcsource management. Tcrms are 4 years. A list of the currcnt membcrship is included in the backup. Ordinance 91-102 was amended on Deccmber 14,2006 to add 2 Altemate positions to this council. One Alternate membcr was appointed on April 24, 2007. A press release was issued and] additional resume was received from the fDllowing intcrested citizen: APPLICANT CATEGORY [)[ST ELECTOR ADV. COMM. I Mark Fenton I Technical ~ None COMMITTEE RECOMMENDATION: Quasi-judicial - no recommendation FISCAL IMPACT: NONE GROWTH MANAGEMENT ]MPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the request for appointmcnt, appoint 1 Alternate member, and direct the County Attomey to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JUNE 12,2007 Page 1 of 1 !\\1'JWJFJ 11",rn r~O ~iO JI;ne 12 2UU7 PeJ:)P:' of 11 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: tJ,') Item Summary: Meeting Date: ;<p:::()In~ll1ent elf lTIerntler to the c_nVI10nrn("1falll.:JvI' Jry C~'lI"cil b.'12/L'J07!J 0(1 ()uAM Prepared By Sue Filson Execu\''/e Managcrtotilf.' ReG D~te BOMdofCoumy Commissioners SeCQlfice Approvcl.l By J"mcsV_ Mudd County Man~ger Date r50,H-d of County Commiss,oners County ManJqc:-sOff,ce 5130/2007925AM _ _ _"''',,''' 11/"""""""'"'' Il/"""r. A nT'<n'''''r~T:'n'''''''r.l n.'T"" A.QE::nda item ~--Jo. 9D .June 12,2007 Page 3 or 11 @<> if:JC N. Memorandum From: Sue Filson, Executive Manager, BCC Summer Araque, Senior Environmental Specialist. Environmental Services Department To: Cc: Barbara Burgeson and Susan Mason, Environmental Services Dept. Date: May 23, 2007 Subject: EAC applications I have reviewed the application from Mark Fenton for the vacant "Alternate" EAC position. The following is a brief outline of the applicant's qualifications. The application and email conversations were used to provide the following information. Mark Fenton is a qualified technical applicant. He has lived in Collier County 3 years and currently works as a Financial Planner for Lincoln Financial Advisors. He has a Bachelor's of Science in Chemistry from John Carroll University. He also has a Master's Degree in Polymer Science from Case Western Reserve University. Mr. Fenton has a background in a combination of technical, business, and financial experience. His technical career was focused in medical and health care product development. He was a manufacturer in Ohio which required him to be familiar with the EPA air and ground quality regulations for hazardous waste generation. Call me at 530-6290 if you have any questions. Thank you very much. Environmental Services Department Community Development & Environmental Services Division 11' Agenda Item r\!o. 9D .June 12,2007 Page 4 of 11 Environmental Advisory Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Richard W. Miller 03/13/07 6067 Fairway Court 594-8640 Nap]es, FL 34]] 0 E-Mail: RWMCnsltg@aol.com District: 2 Category: Technical- Science; engineering geology 04/13/] 0 3 Years Ms. Judith M. Hushon ] 659 Chinaberry Court Naples, FL 34105 E-Mail: judyhushon@aol.com District: 4 Category: Technical - Bio]ogy 04/13/04 04/13/08 4 Years 643-8222 Mr. Nick Penniman 04/] 2105 04/13/09 4 Years t~ 6] ] Portside Drive 261-7292 Naples, FL 34103 E-Mail: ngpn@aol.com District: 4 Category: Technical-Environmental Mr. William W. Hill ] 1/29105 04/13/1 0 4+ Years 5928 Cranbrook Way, D205 774-4412 Naples, FL 34] 12 E-Mail: billhill44@aol.com District: ] Category: Technical - Professional Engineer Mr. Roger Jacobsen 213-7121 01/09107 04/13/11 4 Years ] 46 San Salvador Street 642-9618 Nap]es, FL 34] 13 E-Mail: rjacobsen@l...-naplesgov.com District: ] Category: Non- Technica] ~- ~'i'_T-::-'-:' ..,-.~,:.' '.,,_.,,",.~. ...,:J;;;,._.~_; -,.~> ~.' -. Wednesday, April 25, 2007 lof3 ( AOE:mda Ilern No. 90 " June 12. 2007 P8ge 5 of 11 Environmental Advisory Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. William W. Hughes 435-1188 04/13/03 450] Rosea Court 435-3923 04/24/07 Naples, FL 34104 E-Mail: YvonneHughes@comcast.net District: 4 Category: Technical-Water Treatment & Hazardous Waste Mr. Llewellyn Williams, Ph.D. 04/24107 3824 Jasmine Lake Ct. 592-9852 Naples, FL 34]]9 E-Mail: vegasllewell@comcast.net District: 3 Category: Technical-Environmental Scientist ( Mr. Michae] V. Sorrell 353-5932 2335 Wilson Boulevard, N. 571-7781 Naples, FL 34]20 E-Mail: viww.colliersportsman@botmail.com Di.~trict: 5 Category: Non- Technical - Owner Lawn Service 06/11/02 04/24/07 Mr. Lee Horn 287-5044 01/1 ]/05 2225 Malibu Lake Circle, #621 287-5044 Naples, FL 34]] 9 E-Mail: sportslem@aol.com District: 3 Category: Non-Technical - Business Finance and Marketing Mr. David Bishof 340-0593 04/24/07 9672 Litchfie]d Lane 566-1251 Naples, FL 34]09 E-Mail: dbishof@cte.cc District: 2 Category: Technical - AL TERNA TE (, Wednesday, April 25, 2007 Page 2 of3 04/13/07 04/13/11 4 Years 4 Years 04/13/09 2 Years 04/13/03 04/13/1 ] ]0 Mos. 4 Years 04/13/08 3 Years 04/13/1 ] 4 Years H1!"' Agenda item No. 9D .June 12. 2007 Page 6 of 11 Environmental Advisory Council Name Work Phone Home Phone Appt'd DateRe-appt Exp. Date 2ndExpDate Term 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 wrthin 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 Criticai State Concern! Special Treatment zoning overlays, areas of the county covered by intertoeal agreements, any petitions which eannot be resolved between the applicant and staff. The Board should consider a membership guideline of six (6) technical and three (3) non-technieal members. Technical members shall demonstrate evidence of expertise in one or more of the following areas related to environmentai 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. I. On December 14, 2006, the BCC approved Ord. No. 2006-83 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 ean demonstrate expertise in environmental protection and natural resource management. Terms are 4 years. FLSTAT: Staff: Summer B. Araque, Senior Environmental Specialist: 530-6290 c. "'-.:' : "__ c.... .." '-_--,~' c- -.. '__"'_'.,';"'.. ..~.- ri'ed~esd~. Ap;U 2j: 2007~ Page 3 of3 Agenda Item No 90 .June 12.2007 F'age 7 of 11 MEMORANDUM DATE: April ] 6, 2007 FROM: Elections Office :!j Sue Fi]son, Executive Manager ' , Board of County Commissioner TO: RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. ENVIRONMENTAL ADVISORY COUNCIL COMMISSION DISTRICT Mark Fenton 3085 Windsong Court, #903 Naples, FL 34] 09 c9 Thank you for your help. 'It' MEMORANDUM !\aenda Item No. 9D - .June 12, 2007 Page 8 of 11 DATE: April ] 6, 2007 TO: Summer B. Araque, Scnior En~', ,ntal Specialist Sue Filson, Executive Manager Board of County Commissioner . FROM: RE: Environmental Advisory Council As you know, we currently have] vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit an application for consideration. I have attached the applications received for your review as follows: Mark Fenton 3085 Windsong Court, #903 Naples, FL 34109 Please let me know, in writing within the 4] 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 . . . Ao-::nda Item No. 90 J June 12. 2007 Pa"e9of11 ''11 Namc: II/IMI' fGwo,J HomePhone:ZJ'1-~-'71-1'77.f Home Address: 30.f'1-- W/l-.dJ-~"r Cr. $<('-'3 Zip Code: 3'{109' . Fax No. g(,1,' ,):;0- 7"l.:lSBuslness Phone:;l39~ S:-'!I- :1'17.f' e-mailaddress:f~""fD.,t')r? <&<rtLl!'i.!<,";;y'- " Place of Employment: cI,,, <",-If: '1'?;,.'''< ,.,y /1Jv/'rad Board or Committee Applied for: €Av"M:.v,;.~'i~.....;t~ /f:lt....i'1:.'.'y / /1 ,~, LOo.-f;"\.c'1 Category (if applicable): Example: CommislIioD District, Developer. environMentalist, lay person, ttc. How long bave you lived in Collier County: Years .3 V" No Months Are you a registered voter in Collier Connty: Yes Do you currently hold public office? Y co If so, ",bat is that Om"? t../ No Have you ever been convicted of any offense against the Law? If yes. explain: v/ No Yes Do you now serve, or bave you ever served, 00 a Collier County board or committee! Yes If yes., please list the committeesJboards: N. v' I'leaBe list your community activitiCl! (civic clubs, neighborhood associations, ele. and positions beld: R ,,_j ItVI+.tv _ f'j,zf4.cc. PI' M"'-'.'n>- S.,. Cd/'",- (''''''-7 Wi.....,.el tf'-f . V ~ --".~ ,. , -Mr.~ ~ t:i e. 4.....1-IV Ci,.>......,uA-c.,..~;. tf'~.....:-~,....,"'c. ;ky~1. (c....""c/.-r"'F C.c -r/o/,-;-"'~ c"fY" C.:-..-vt 1+'f;'fI<"es _ I "...v.l<:."'- '-< Experience: ft1<<":"..zP' Uk.! ft...jJ,i'/ e:;,,-e, /,f7!.I'-'Lff deve-/.?..._<e>.:s:r.- ~. Ii! .~t'HG-<:'- ~ iFl'A A,'; d-J i':,.~...-.:/ ' ",;;. ' .., , 6 ..... _'"r' __.1 "':'r1 " ,L,7C r 'i' ,S PJetzse attflCh 411)' tulditJolUlllnjormolitm yoIl f<<l pertblDIt. This appIic8Iio. s/roukJ belDl'Wal1led to Su F'lIIon, F.:u:crI:tin MII1t4/J6' to ihL Board of Cbllllly ~ 3301 &at TIl1nionIi Tmil. NilpILs, FL 341 i 2 Ifyflu wish. pletae faxYONT dpplictllioft Ii) (239)774-3602 or e-mail1tJ Thlllfkyoufol'~ ID senetM dtiu", ofColJier CowI(J'. -"-T- , - filson_s Page] ofl Agenda Item No. 90 June 12. 2007 Page 10 of 11 -"rom: Fenton Business Solutions [fentonbiz@earthlink.net] ~t: Monday, April 02, 20071:24 PM ~: filson_s Subject: Environmental Advisory Council Attachments: res1.18.doc; EnvirAdvCouncil app.tif I am submitting an application for a position on the Environmental Advisory Council. My background is a blend of technical, business and financial experience. Undergraduate major was in chemistry with heavy biology coursework (pre-med) including ecology; Master's Degree in polymer science from an engineering school. My technical career was focussed primarily in medical and health care product development. As a manufacturer in OH, I was familiar with the EPA air and ground quality regulations for hazardous waste generation, and I enjoyed a good relationship with those local departments. And as a business owner, I appreciated being able to have dialog with goverment compliance groups in a non- adversarial manner. My interest in doing this is in supporting efforts to maintain the quality of life and beauty and natural resources that attract residents and visitors to Naples and Collier County. Growth is essential to the long term economic growth of a region, so long as there is a balance so that the reasons people come here are preserved. Please call me with any questions. I look forward to discussing this with you in greater detail. Regards. Mark Fenton Home/Office: 239-591-3978; cell: 239-404-<5750; fax: 866-220-9925. ., At 4/2/2007 Aaenda Item No. 90 ~ .June 12. 2007 P3ge 11 of 11 . Mark D. Fenton 3085 Windsong Ct. #903 Naples, FL 34109 Home phone 239-591-3978 Cell phone 239-404-8750 Email fentonbiz@earthlink.net Objective To promote new business development within an organization by analyzing opportunities, developing marketing strategies, and executing with a successful sales program. Professional Profile Solid technical, management, marketing and sales expertise encompassing over 25 years of successful entrepreneurial business development Responsibilities have included: 'Analyzing customer needs and goals 'Planning creative business solutions 'Developing innovative products 'Creating and executing sales and marketing programs 'Establishing mutually beneficial partnerships. Employment History and Accomplishments Business Development Consultant, Fenton Business Solutions (2003- Present) Assisting companies in all types of industries with creating, marketing and selling their products or services to achieve new business growth goals. Also serving as a sales and marketing organization for client products and services. . Financial Planner, Lincoln Financial Advisors (2006 - Present) Financial Planning for individuals, estate planning, business succession planning, investment management. Financial Advisor, Morgan Stanley (2005 - 2006) Creating financial solutions for indiViduals and businesses. President, Medco Labs, Inc. (1987 - 2004) Founded this company to develop and manufacture custom coated and laminated materials for industrial adhesive tapes and medical wound care products; also consumer products such as transdermal patches and cleansing wipes. The company gained a reputation for innovation and excellence in the markets served, and eamed the loyalty of a prestigious list of customers world wide. Market Development Specialist, National Starch and Chemical Corp. (1984 -1986) Identified opportunities for specialty adhesives and coatings, and marketed the new industrial, medical and pharmaceutical products. Scientist, Kimberly-Clark Corp. (1982 - 1984) Designed nonwoven fabric disposable medical products, now commonplace in hospital wards and operating rooms. Production Manager, Marlen Manufacturing Co. (1977 -1982) Developed and supervised manufacturing of plastic and rubber fabricated parts for medical devices. . Education M.S., Polymer Science, Case Western Reserve University, Cleveland Ohio, 1977 B.S., Chemistry, John Carroll University, Cleveland Ohio, 1974 1r EXECUTIVE SUMMARY j'oenda Item No. 9E .. .June 12, 2007 Page 1 of 11 DISCUSSION AND POSSIBLE DIRECTION FROM BOARD OF COUNTY COMMISSIONERS REGARDING AMENDING ORDINANCE 200J -55 OBJECTIVE: To discuss and possibly give direction to the County Attorney to amend Ordinance 200]-55, as amended. CONSIDERA TIONS: Ordinance 200]-55, as amended, states that "No member of any County Board shall become a candidate for an elcctive political otftce and continue to serve on such Board during his or her candidacy." Ordinance 200]-55. Section Five (E) has implications with respect to the County Government Productivity Committee, the Tourist Development Council, thc Collier County Coastal Advisory Committee and even possibly the Southwest Florida Regional Planning Council. It is my recommendation that we review this ordinance to deternline if it is necessary and consider revoking that section of the ordinance if there is no beneticial purpose served by requiring candidates to resign from advisory boards. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider amending Ordinance 200]-55 as amended, specifically revoking Section Fivc (El and direct the County Attorney to prepare an amendmcnt to the Ordinance. Prepared By: Sue Filson, Executive Managcr Board of County Commissioners Agenda Date: JUNE 12, 2007 ,'."" ').34567 9 /, 70 ~ ~ /) ~~.. ~ ~ ~ ~ ,~ ~~~ c:. ~ \ V::..\~~ i RDINANCE ESTABLISHING STANDARDS FOR CREATION "1>, \-.\} "'\) AND REVIEW OF COUNTY BOARDS AND PROVIDING FOR :l1;>"~1;" O'tf>~" A POLICY DECLARATION; PROVIDING DEFINTIONS; a-ZZ\. PROVIDING FOR CREATION OF NEW BOARDS; PROVIDING EXEMPTION; PROVIDING QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP; PROVIDING PROCESS OF APPOINTMENT; PROVIDING TERMS OF OFFICE; PROVIDING AlTENDANCE REQUIREMENT; PROVIDING SCHEDULE FOR REVIEW OF BOARDS; PROVIDING FOR REPEAL OF ORDINANCE NO. 86-41, AS AMENDED; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. .'0 ~l:\~ \'"-:' ORDINANCE NO. 2001- Agenda Item No. BE .June 12. 2007 Page 2 of 11 <;r; -;;; e- n ....1 ~ ,- NOW, THEREFORE, BE IT ORDA]NED BY THE BOARD QF: CQ!JNT!:: COMMISSIONERS OF COllIER COUNTY, FLORIDA, that: '~~, '?: '~ SECTION ONE: Policy Declaration. ';;:.\ ,,-" -;tip (...) It is hereby declared to be the policy of the Board of County commiSjJ'ohelS' of Collier County, Florida, to promote economy, efficiency and improve service in the transaction of the public business by County 80ards. Nothing In this Ordinance shall be construed to prohibit or restrict the County Commission from amending or abolishing, at any time, any Board currently In existence or thereinafter created. SECTION TWO: Definitions. The term "Board" is defined to Include every agency, advisory board, regulatory board, quasi-judiciai board, committee, task force or any other group created and funded in whole or in part by the 80ard of County Commissioners. The term "Commission" Is defined as the 80ard of County Commissioners of Collier County, Florida, SECTION THREE: Creation of New Boards. A. All Boards created after the effective date of this Ordinance 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 shall submit to the Commission a report setting forth following Information concerning the proposed new Board: 1) Whether the establishment of the board will create sufficient betterment 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. ~ _..--_.~<<~------'-"-- Aaenda Item No. 9E ~~ June 12, 2007 3) The costs, both direct and indirect, of establishing and malntalilf.1g'ttie hew 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 80ard should have bonding authority. 6) Whether creation of a new Board Is the best method to achieve the benefit desired. SECTION FOUR: Exemption to Ordinance Requirement: Ad Hoc Committees and Task Force Committees, The Commission may, by resolution, appoint an Ad-Hoc or Task Force Committee for a specific project, if the duration of the Committee does not exceed three (3) years duration. The resolution must set forth the duties and responsibilities of the Committee and contain language that automaticaliy dissolves the Committee within the specified year from the date of adoption of the Committee members by the Commission. SECTION FIVE: Qualifications and Requirements for Membership on Boards. A. All members of County Boards shall be permanent residents and electors of Collier County and should be reputable and active in community service. The foregoing requirement may be exempted, however, if an ordinance creating a board specifies the need for membership outside Collier County's boundaries. In addition, all Board members should have demonstrated an interest in the activity or service, which Is the purpose of the Board. The provisions of this paragraph may be exempted, however, if an ordinance creating a board specifies the need for membership outside Collier County's boundaries. B. Any member of a County Board who ceases to be a resident of Collier County during his or her term of office shall Immediately advise the Commission of such change in status. Upon such notice, the Commission shall declare the position to be vacant and shall promptly fill same pursuant to the provisions of Section Six, herein. C. The Commission's primary consideration In appointing Board members shall be to provide the Board with the technical, professional, financiai, business or administrative expertise necessary to effectively accomplish the Board's purpose. Categories of expertise referenced by County Boards' Ordinances as qualifications for Board membership are considered to be primarily directory and not mandatory. D. No person shall serve on more than two County Boards simultaneously. If application Is made for service on a third Board, the applicant must resign simultaneously from one of hiS or her current Board positions, or the application for a third Board shall be disqualified. This provision, however, may be waived to allow for service on additional Boards provided the Commission votes unanimously to waive such provision. E. No member of any County 80ard shall become a candidate for an elective political office and continue to serve on such Board during his or her candidacy. Shouid any County 80ard member become a candidate for an elective political. office, such 2 T' r' Agenda Item No. 9E .June 12. 2007 candidacy shall be deemed a tender of resignation from such Board and tne.l5oat-ll si\all Immediately advise the Commission in writing of said resignation. The Commission shall deem the position vacant upon receipt of written notice of said resignation. The Board member shall not serve at any meetings after his or her position becomes vacant pursuant to this Ordinance. F. The commencement of a legal challenge by a Board member as a plaintiff In a lawsuit against Collier County shall constitute a conflict of interest with Collier County and shall be deemed a tender of resignation from such Board. The County Board member's position shall automatically be considered vacant and the Commission shall promptly fill same pursuant to the provisions of Section Six, herein. G, No member of any County Board, as defined herein, shall print or create, or have printed or created, or use or distribute any business or informational card depicting the County logo or In any way representing such Board member as a representative of Collier County or as a County Board member. The County Manager or his or her designee may, upon request and prior approval In writing, authorize the County Board members to obtain a County photo Identification card Identifying such members as a County advisory 80ard member. SECTION SIX: Process of Appointment. A. Vacancies occurring on any Board shall be publicized, but need not be advertised, in a publication of general circulation within the County, and vacancy notices are to be posted in the County libraries and the County Government Center. 8. Prior to making appointments to Boards, staff shall provide the Commission with a list outlining the qualifications and demographic background of each candidate for Board membership, along with a list detailing the qualifications and demographic backgrounds of present members seeking reappointment on each board to which an appointment Is being made. SECTION SEVEN: Term of Office. A. Terms of office shall be staggered. B. Terms of office for Board members shall be limited to two consecutive terms of service on anyone Board; provided, however, that appointment of a Board member to an Initial term of one year shall not be considered a "term of office" for purpose of the limitations set forth in this Section, and such members shall be entitled to serve two additional terms if so appointed. C. Appointments to fill a vacancy for the remainder or balance of a term of office shall be considered a term of office for the purpose of the limitations set forth in Section Seven 8, above, only if the remainder of the term to be served exceeds fifty percent (50%) of the full term. D. By unanimous vote of the Commission, the limitations set forth in Section Seven B above may be waived. E. Nothing set forth In this Section shall prohibit any individual from being reappointed to a Board after a hiatus of two (2) years. 3 -11 Ag,:mda Item No. 9E .June 12,2007 F. All members of Boards created by the Commission shall serve at ~lllJI'ISai'ur~ of the Commission and may automatically be removed by a majOrity vote of the quorum of the Commission. SECTION EIGHT: Attendance Requirement. ]t is the Intent and strong desire of the Commission that there be full attendance of advisory Board members at all meetings of the 80ards, 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 from such Board. The Commission shall, as soon as practicable after such resignation, declare the position to be vacant and shall promptly fill same pursuant to the provisions of Section Six herein. The Boa,d members shall not serve at any meetings after his or her position is declared vacant by the Commission. 8. ]n the event that any Board member is absent from two consecutive meetings without a satisfactory excuse acceptable to the 80ard chairperson, the Board chairperson shall state such fact at the next regularly scheduled Board meeting and shall thereafter notify, In writing, the Executive Manager to the Commission of the Board member's failure to attend without a satisfactory excuse. The Commission shall review the Board chairperson's notification at the Commission meeting and shall declare the 80ard 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 80ard 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 seventy five percent (75%) of the meeting. SECTION NINE: Review of Boards. Each 80ard shall be reviewed In the following manner: A. All Boards shall be reviewed every four (4) years from the year the Board was first established. B. The County Manager or his designee shall provide notice to the Board prior to Its date of review. On or before January 15'" of the year in which a Board Is to be reviewed, its Chairperson shall submit to the County Manager a report setting forth the following Information regarding the Board: 1.) Whether the Board Is serving the purpose for which It was created. 2.) Whether the Board Is adequately serving current community needs. 3.) A list of the Board's major accomplishments for the preceding twelve month period. 4 f T- "'f'- Aaenda Item I~o. 9E " .June 12, 2007 4.) Whether there Is any other Board or agency, either public or;:p;j}!ateDWhlch Is serving or would better serve the purpose for which the Board was created. 5.) Whether the ordinance creating the Board should be amended to allow the board to more adequately serve the purpose for which It was created. 6,) Whether the Board's membership requirements should be modified. 7.) The cost, both direct and indirect, of maintaining the Board. C. On or before February 15th of the year In which a Board is to be reviewed, the County Manager shall deliver to the Commission the report submitted by the Chairperson of each Board, pursuant to Section Nine (B) of this Ordinance, together with any recommendation or comments the County Manager may have. In order to assist the County Manager and the Commission in the evaluation of the Chairperson's report, the County Manager and Commission may review applicable minutes of meetings of the Boards. All Boards shall be required to forward the minutes of all Board meetings to the Commission in a timely manner. D. During March of the Year in which a 80ard Is to be reviewed, the Chairperson shall make an oral presentation to the Commission. Said presentation shall be based upon the report submitted to the County Manager pursuant to Section Nine (B) of this Ordinance. At the conclusion of said oral presentation any Commissioner may request the formation of a subcommittee consisting of three (3) members of the Commission. Said subcommittee shall evaluate the Chairperson's report, the County Manager's recommendations and any other Information it deems relevant to determine whether the Board shall continue In Its present form. The subcommittee shall report to the Commission not later than within ninety (90) days after their initial meeting. E. At the conclusion of this review process, the Commission shall determine whether to abolish, continue, consolidate or modify the Board for the ensuing four years. SECTION TEN: Repeal Df Ordinance ND. 86-41, As Amended. Collier County Ordinance No. 86-41, as amended by Ordinance No. 92-44, 98-46, and 2000-24, Is hereby repealed in its entirety. SECTION ELEVEN: Conflict and Severability. ]n the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance Is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and Independent proVision and such holding shall not affect the validity of the remaining portion, SECTION TWELVE: IncluslDn 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 Ordinances may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. All references In the 5 j'..,oenda Item f\lo. 9E - ,June 12,2007 Code of Laws and Ordinances to Ordinance No. 86-41 and Its amencfi'~~"!!:s7 S11alf! be changed to reflect the number assigned to this Ordinance. SECTION THIRTEEN: Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Floridathls:.ciZ.3~ day of October, 200l. "",UIl/"I/II'II{ .", ,.' ..!"~. 1'1 f "f, r~',.~:. ATTEit~~~ ~'.:;:":-'\"~~'.~~ ;'\~ i. :.j:I:~:', Dwip8T:;~~,~f<~GK, ~~kl . . ~ti~lt ~I.~"~'t ~~.'.; 1i"1 S Ii!4tlll"l" . ,'" i ~~"ll . "''''........., ,. c.. By: , . . . . '.' .:: .... . Deputy tlerk Approved as to form and legal sufficiency: ~ It~~~~ David C. Weigel County Attorney h:publlc/kay/ordlnances I T'. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA. ~.~ JAMES . CARTER, Ph.D., Chairman This ordinance 1i!f'd with the Secretary of ~!.l;l.t~ Office the <i!~ay of~_.~_ and acknowledgement of that filing received this ,;z~ cloy of ~'?!;,~;..i~.{ .~~ Y DepuryCle". 6 ~ ..~...r;,1~a97077{> '\0 ~ ... .. ~ -~\\~- ~ ': l ((.\\1\:\\ ",? : \\.k\1\"U _-:! Board of County CommIssioners % DINANCE AMENDING COLLIER COUNTY ORDINANCE NO. "-"<>s 1,"'1.. 001-55, THE COUNTY'S GENERAL ADVISORY BOARD ~t>z€Z't ORDINANCE; AMENDING SECTION FIVE, QUALIFICATIONS AND REQUIREMENTS FOR MEMBERSHIP BY AMENDING SUBSECTION E TO ALLOW FOR EXEMPTIONS AND WAIVERS FOR CERTAIN CANDIDATES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO, 2006-...d2.- lI.genda Item No. 9E H~0BlitED Paae b of 11 AUG D 7 2006 WHEREAS, on June 20, 2006, the Board of County Commissioners approved an amendment to Collier County Ordinance No. 2001-55, which amendment would allow for certain Committee members who become candidates for elective office to be able to remain an their current committee during their candidacy. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Amendment to Section Five, Qualifications and Requirements for Membership on Boards. Section Five, Subsection E, of Ordinance No. 2001-55 is amended to. read as follows: SEmON FIVE: Qualifications and Requirements for Membership on Boards. A. All members of County 80ards shall be permanent residents and electors of Collier County and should be reputable and active in community service. The foregoing reqUirement may be exempted, however, if an ordinance creating a board specifies the need for membership outside Collier County's boundaries. In addition, all Board members should have demonstrated an interest in the activity or service, which is the purpose of the Board. The provisions of this paragraph may be exempted, however, if an ordinance creating a board specifies the need for membership outside Collier County's boundaries. B. Any member of a County 80ard who ceases to be a resident of Collier County during his or her term of office shall immediately advise the Commission of such change in status. Upon such notice, the Commission shall deciare the position to be vacant and shall promptly fill same pursuant to the provisions of Section Six, herein. C. The Commission's primary consideration in appointing 80ard members shall be to provide the 80ard with the technical, professional, financial, business or administrative expertise necessary to effectively accomplish the Board's purpose. Categories of ,A.genda Item No. 9E June 12. 2007 Page 9 of 11 expertise referenced by County Beards' Ordinances as qualifications for 80ard membersh',p are considered to be primarily directory and not mandatory. D. No person shall serve on more than two County 80ards simultaneously. If application is made for service on a third Board, the applicant must resign simultaneously from one of his or her current 80ard positions, or the application for a third Board shall be disqualified. This provision, however, may be waived to allow for service on additional Boards provided the Commission votes unanimously to waive such provision. E. No member of any County Board shall become a candidate for an elective political office and continue to serve on such Board during his or her candidacy uniess such Beard member/candidate is runninq unoooosed for a non-remunerative elective Dosition or an elective Dosition receivino nominal remuneration. such as the Mosquito Control District 80ard or a fire QJ$trlct board. Should any County Board member become a caABidatc comoete for an elective non-remunerative political office or a nomlnallv-remunerative oolitical office on the date aoolications for candidacv exoire. such candidacy shall be deemed a tender of resignation from such 80ard and the Board shall immediately advise the Commission in writing of said resignation. No Board member shall be reauired to resian ar deemed to have tendered his or her resianation uniess such candidacv is beina aODosed. The Commission shall deem the position vacant upon receipt of written notice of said resignation. The BDard member shall not serve at any meetings after his or her position becomes vacant pursuant to this Ordinance. F. The commencement of a legal challenge by a Board member as a plaintiff in a lawsuit against Collier County shall constitute a conflict of interest with Collier County and shall be deemed a tender of resignation from such Board. The County Board member's position shall automatically be considered vacant and the Commission shall promptly fill same pursuant to the proviSions of Section Six, herein. G. No member of any County 80ard, as defined herein, shall print or create, or have printed or created, or use or distribute any business or informational card depicting the County logo or in any way representing such Board member as a representative of Collier County or as a County Board member. The County Manager or his 2 Words underlined are added; Words C,lfHOk threHgR are deleted. T '. /\aenda Item No. 9E ~ .June 12, 2007 Page 10 of 11 or her designee may, upon request and prior approval in writing, authorize the County Board members to obtain a County photo identification card identifying such members as a County advisory Board member. SECTION TWO: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such hoiding shall not affect the validity of the remaining portion. SECTION THREE: 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 Ordinances may be renumbered or reiettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. All references in the Code of Laws and Ordinances to Ordinance No. 86--41 and its amendments shall be changed to refiect the number assigned to this Ordinance. SECTION FOUR: Effective Date. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this,:;)5"tl1 day of July, 2006. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS, COLLlER COUNn, FLORIDA. ~ By: '::;C"....:.;. ~a ...- FRANK A. HALAS, Chairman By. AtU u '" ::l'.. \N.alI'lJepUty Clerk Ii C:Hlt\,1rte , on1 1I Approved as to form and legal sufficiency: &~--lV Jt,v~&,~ David C. Weigel County Attorney :~~,s ,~'t'~::!;;'o.r>;;:::. Ii>d~ ~':'i-. I.:'! '-.3Gir~~~ ~;Jrl' ~~)1:~ a"c' aCkIl;)WI$::J~r'n, ,~.f t~;r.T "11'-'9 re>:e1v"'d ~,..,,', ....,~. Oi~;;~;:::k o..pUlyn'l1'", 3 Words underlined are added; Words slfuek lhfeugh are deleted. COLLIER COUYfY r-S:)ArW ()F COUNTY COMMISSIONERS Item Number; Item Summary: E Page 1 of ^:"'dC1,:;; 1;"'''1 !'-L, ,., ") ,n" '111 "J '!S-Y\, bUF< =-\'~::'.'-I'-"-' . v',, i'O"t:-n,jec' ;(:(," . ,~""~,,, Fr<:cG =- ,', ',(L-%.(Jn CIne! i)o,'",b'[, (j'IH:tIG~ nG" E'GiJrcJ ut C~lJnt) ;::.orn"lllC.' 1'.::I",f','S :c' ;:Jrd:'l,: ctrnPhj."q Meeting Date: ,)I ''J...'vi l'replIH'ully Sue Fil~on EXCCCIlIVC ~.',allaqe' to' the BCe :J~(D Bo:;(d 0!CQunty COr1lmissioll~rs 8CCUffIC!! S,'30/20G7 ~.i1311 f'M Apprnn'd ny JJn,cs V. ~'~"du '~C'w"tv :,"3"aw~r :)atQ BGardo/(;')unty Cc>mmls5,or\erS ':;:)lmty r.~.1n~g('(s Of/,ee ~i~Oi2oa7 422 PM "'-"" ,,,,,,-,,,,,,,....,,,^,, "",-"........ ~~"'''''r'~n...,''......'''. a'~.' Agenda Item No. 9F June 12, 2007 Page 1 of 3 EXECUTIVE SUMMARV APPOINTMENT OF COMMISSIONERS TO SERVE ON THE VALUE ADJUSTMENT BOARD AND SET THE DATE FOR THE ORGANIZATIONAL MEETING OBJECTIVE: To appoint 3 members and 2 alternatcs (County Commissioners) to serve on the Value Adjustment Board (V AB). CONSIDERA TIONS: Each year 3 County Commissioners and 2 School Board members are chosen to serve on the V AB to reccive recommcndations from the special magistrates who are appointed to hear appeals on property assessments, exemptions and classifications. At the time of this writing, staff is attempting to schedule the organizational meeting for the 2007 V AB for week of July 23,2007. The purpose of the organizational mceting is to re-appoint the returning Special Magistrates for upcoming valuation adjustment proceedings, to amend the Va]ue Adjustment Board Rules of Procedure, as is done annually, and discuss general matters of business, primarily relating to the V AB process. ~ The Propelty Appraiser's Office is targeting August 13, 2007, as thc mailing date for the assessment ("TRIM") notices. The actual mailing date will detern1ine the time period in which the Special Magistrate Hearings must be held. Based on the anticipated TRlM notice date and the statutory time requirements, the Special Magistratc hearings will commence in September with its due cause hearings and continue through November, if neccssary. After the organizational meeting in July, the V AB will meet again in early October, but no latcr than October 12,2007. The final V AB meeting will bc schedulcd sometime in late November or early December, after all Special Magistrate hcarings have been conductcd and recommendations completed. Because of an anticipated increasc in petitions due to real estate market conditions, it is expected that the final V AB mceting will be held in early Oecemhcr. The actual date for the final V AB hearing can be finalized at the organizational meeting. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners appoint 3 members and 2 alternates to serve on the V AB, authorize the Executive Manager to BCC to contact the School Board to request the names of their reprcscntatives, and schedule thc V AB organizational meeting. Prepared By: Date: Sue Filson, Executive Managcr to BCC JUNE 12,2007 /"""" Page 1 of 1 A[l'-~m~d !terTi No_ 'W Jura:: 1~~ 2007 F'agEi2 ()1J COLLIER COUI\TY BOARD OF COUNTY COMMISSIONERS Item Number: lIemSummary: ,'F F,p~<)illt!l'C'l! (!f ':OrTlrllis~'ollers tn serve un tlw \.'aIUE, ;\(i:ustrllGnl BOdrJ m\(: S81 the (L<i(~ for t[,E' crganI/8!!Ona: meftlng Meeting Date: G' ::'200;' ,;OCOOI'M Prepared By Sue Fil~of1 E)le~utivc- Mal1ager10 IIw Bee Date BOdrdofCoLJnty Commissioners B(;COff,ce Approved By James\' MlJdd C{)~lIlty M:JnJger Date Bc:~rd of Cout)ty Commissioners COUtlty Manager's OHice 513012007920 AM LLr--..M ::7):;)",- .00 ON(V) Z. NQ) :=~ :rJ WQ)(tI ~,....o... (1) 5 'E' m en <( o 0:: <( o a:J f- zw w-' ;;:::> f-O C/)w ::>I -,U OC/) <( w ::> -' <( > I Q) o o N <Xl o o N ..... o o N <D o o N n .EQ co c .~ ::=.c LL..92ii5 '" 0 I cU c E E o 0 O-,f- L!) o o N '" if> cti.SEQ) u::~~ ~~O cC'D 00 ~ ~ u..u.. " o o N en .!!! c co c 2:1 U::ii5~ '" I 0 c U c,E ,- o 0 c: Of-'-=; '" o o N '" if> - '" '" "'-- u::roii) I- '" 0 c-"'U ~ c o ~ E OLL:=; N o o N .!!! m..92i9 u: G~ '" U 0 c'Du 6 ~ E ou..:.=:i ~ o o N OJ .S2 .~ ro c 2 U:a3~ '" I 0 c U c ~ o 25 E Of-:.=:i RESOLUTION NO. 2007-_ A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS SUPPORTING THE EFFORTS OF THE JUDICIAL SYSTEM TO ELlMINA TE IDENTITY THEFT WHEREAS, identity theft represents a threat to the citizens and taxpayers of Collier County: and WHEREAS, it has become increasingly common for criminals who have committed illegal acts to use an alias Of borrowed name to remain anonymous; and WHEREAS, as a result of inaccurate records, reflecting false identities, defendants are often treated as firsHime offenders. even though they may have multiple arrests; and WHEREAS. names used as aliases may belong to innocent citizens. creating a situation in which a criminal act is attached to their name - alleged crimes of which they have no know ledge; and WHEREAS, many criminals guilty of using aliases are also illegal immigrants and the costs of their apprehension, trial. and incarceration are borne by local governments and taxpayers. - NOW. THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COllIER COUNTY. FLORIDA. that: the Board supports the efforts of the Court, the Sheriff's Office, the State Attorney's Office and the Clerk's Office to work together to find a solution to these illegal activities. This Resolution adopted this 12th day of June, 2007, after motion, second and majority vole. ATIEST: DWIGHT E. BROCK. CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUl\iY. FLORIDA By: By: JAMES COLETIA. CHAIRMAN Approved as to form and legal sufficiency: ~~g'11~t County Attorney - .4genda item No. 9G .June 12, 2007 Page 1 of 2 Page I of J'.qenda liarn ;'10 JunE: p:qc COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: ,'S Meeting Date: T~lis item t~, ce heard at 11~5 <,un F050;ution supporllrlg Ihe etforts of the Judlclai Syslen' to (h'Tllnat() J.wnlity 'H::f~ :;o~mls510r'el DOI",nb "'cLen r:.;11:i20'.j:',OO OG\M Prepared By Kenclru Hustings Executiv02AltlelotllU Bc:e Date Bo;'\nlofC:ounty Commissioners Bee Office 5125120073:14:03 PM Approved By Sue Filson Executive Managnrto tlw Bee Out!! Board of County COmmISSIoners Bee Office 5131120072:15 PM Arproved By JamesV. Mudd C<Junty Manager Date Board of County CommlssiollPrS County Manager-s Off:ce 6111200710:09 '>.M ...,....",.... n'...."~'''''"''c.r- ~'...."~n' "h~ ....,,~'-m',..."n~. n .~,. .A.genda Item No. 9H .June 12, 2007 Page 1 of 24 EXECUTIVE SUMMARY FOR THE BOARD OF COUNTY COMMISSIONERS TO DISCUSS AND CLARIFY THE STORMWATER FUNDING POLICY FOR THE CAPITAL IMPROVEMENT PROGRAM - ADOPTED ON JUNE 22, 2004. (COMMISSIONER HENNING) OBJECTIVE: For the Board of County Commissioners to discuss and clarify the Stormwater Funding Policy for the Capital Improvement Program previously adopted on June 22, 2004, Agenda Item lOG. CONSIDERATIONS: On May 22, 2007, Agenda Item ]6B8, the Board of County Commissioners approved "the Transportation Division to spray herbicide on vegetation in the bottom of a swale/canallditch that drains approximately ] ,000 acre basin that includes The Boyne South PUD and some agricultural property north and south of US41." Part of this proposed maintenance will be performed on private property; this action is contrary to the Board's Stormwater Funding Policy. FISCAL IMPACT: Unknown. ~ GROWTH MANAGEMENT IMP ACT: No Growth Management Impact foreseen. LEGAL CONSIDERATIONS: None. RECOMMENDATION: The Board direct staff that no item shall be placed on any future agenda that is contrary to the Board's current policies or ordinances. Furthermore, that the Stormwater Funding Policy be officially placed into an ordinance [91-27, amended with added policy] and that it shall include all maintenance of storrnwater and shall have a minimum requirement of an easement for maintenance on private property. Prepared by: Commissioner Tom Henning ~ Page 1 of I 4.gen~;-:1 Il~nl r~(J ':1H 12. ~~[;07 :lof:='4 COLLIER COUNTY SOARD or COIJIHY COMMISSIONEF~S Item Number: ?H Item Summary: F~,,:(;ucS~; ,r ~ec;,"mldwatlol" o~ IkmIC[Je ;"Glr. ~r-w ,"',ay ::2 :CUD' f1(~C: 1v1~etlng w:'l'ch 'Ga1 F:C'cornnlenda:lof' 10: 111E' B:;arc u1 Counry C;orlHf'lssiDrF"rs \[) d're~,'. ;h(- ROd::! 311d ~rldde ::}e:.\JrlmentoltllcTr3'lSj)o'Wlion::)ivislu,',tosprElylle:bicldeonv'igcl,,'IGI'II'.:llebmtD!nofa swal")IC8n~lfdit::h :fLal Oldln<, approxlrnatety 1000 8cr(! t;Clsin 11131 includes The Boyne SUdth PUO a pl.l'tIOf' Of 1...,'.',; 41 imd ~(l"19 dgrr':LlITwal proper\, no,-:h "no SCLI'.h oj US 41 {$::,')COI '-CClTlrTli%,::w,w Hen'lI~g'l Meeting Date: F'i1;;')OC,;C;')00G,'1v1 Allprovl"d By JalTlesV. Mu<ld CO<Jnt~ MiH",per Date Board of County C;DIl,mi"sicw,>fs CClImtyM;mager'sOfhce 616120074;21 PM ,Aaenda Item No. 9H o ,June 12. 2007 ?age 3 of 24 EXECUTIVE SUMMARY Recommendation for the Board of County Commissioners to authorize spraying herbicide on vegetation in the bottom of a swa]e/canallditch that drains approximately a 1,000 acre basin that includes the Boyne South pun, a portion of US 41, and some agricultural property north and south of US 41. OBJECTIVE: To authorize the Road and Bridge Department of the Transportation Division to spray the ditch that conveys runoff south between Sections 28 & 29 of Twp 5] S, Rge 27 E with herbicide prior to the onset of this year's rainy season so that the capacity of the ditch to convey watcr is improved. CONSIDERA TIONS The swale that flows south from the southeast comer of the Boyne South PUD project, currently known as Royal Palm development, along the prcviously described Section Line straddles the common property line between Fiddler's Crcek to the west and National Park Service property to the east. The swale does not sit on Boyne South property and we could find no clear spccific maintenance easement that exists in anyone's favor. The ditch appears to be an old farm ditch that historically existed for decades. A historic right to continue using the easement for drainage probably exists, but the upstream properties have no common maintenance entity in place. Boyne South's Lake 25 is thc lake that receives the discharge from the rest of the projcct. Lake 25 is a long rectangular lake that runs the entire length of the south boundary of Boyne South. The lake discharges at its southeast comer toward the south into the swale in question. Discharge was, until recently, through a 48" corrugated metal pipe (CMP) that was reccntly removed and replaced with an open swale. The advantage of this is that the flow path is now larger and visible at all times. The representative from Fiddler's Creek, Mark Strain, has givcn pennission to herbicide the half of the swale on Fiddler's Creek prope11y, and the Park Service's manager, Chad Lach, has given pennission for Collier County to spray the half of the swale on Park property (see attached e-mail) bascd on Road and Blidge's listing of the hcrbicidcs that thcy propose to use. FISCAL IMPACT: The Road and Bridge Dcpartment of the Transportation Division estimates that the cost of the spraying operation will be approximately $2.500. GROWTH MANAGEMENT IMPACT: None. STAFF CONSIDER<\TIONS: COlnmunity Development and Environmental Services staff agrees that the herbicide spraying of the vegetation in the ditch will improve the capacity of the ditch to convey the flow of water. 1 Agenda Item No. 9H .June 12, 2007 Page 4 of 24 LEGAL CONSIDERATIONS: These matters are typically not reviewed by the Office of the County Attorney. STAFF RECOMMENDATION: That the Board of County Commissioners authorize spraying the swale in question with herbicide. PREPARED BY: Stan Chrzanowski, r.E., Engineering Review Manager, Engineering Review Services 2 --- -- .Agenda Item No. 9H .June 12 2007 Page 5 of 24 -- EXEcunVE SUMMARY Recommendation to adopt a Stormwater Funding policy for the Capital Improvement Program to ensure adequate flood protection and water quality,estimated fISCal impact of $140 millIon from Coiner County with a totI!I of $348 million oV$rtha next 20 years. OBJECTIVE: To obtain BOard of County Commissioners direction on the establishment of a Stormwater Funding POlicy to provide an adequate level of flood !)rotectiOrt and stormwater discharg& quality throughout the CoUnty. CONSlDERAnONS: Colli!;!r County has over 30() miles of CartEl/$, 5~watat lavel control structures. and 3 pump stations that ara operated and maintained by the County in partnership with the Big Cypress Basln Board of the South florida Water Management District. Addltionally, the network of roadside drairtaga facirltiEls within County and State Transportation aasemants are operated and maintalned as part of the storrnwater colleC/ion system. The County ctivers an area of approXimately 2,025 square miles. The County currently does not have a specific funding source to fund their stormlVater capita/Improvement program, management Qperations, which includes campllance costs for the Implemenlatio n of a Stormwater M8!'Tsgement Plan. In essence, the General Fund supports stormwater management activities. With the increaSing costs, especially as they relate to compliance with the County's Nationa/Pollutant Discharge Elimination System (NPDES) permit, funding is not only a burden on the General Fund, but limited resources are readily available to prope~y implement the Stormwater Management Plan and comply wiih permit requirements. The key to determining just exactly who benef1ls from a community's stormwater management funding plan is the concept of "burden.. Virtually all property owners have the potential for generating stormwater runOff, arid hence the accumulated or aggregate runoff must be managed in an organized and systematic manner if OWners are. 10 enjoy the use of their property with ,some degree of reliability. Additionally the dtlzens want to be able 10 use the County's Transportation network unimpeded during the rainy season. The burden of tha managament of this cumulating storm water fa/Is to thEl community. Stormwater s~stems and facilities must be constructed aroj maintained to reduce the Undesired impacts of accumUlated runoff. Whll$ most communities spilt the responsibility of managing WI bordan of runoff between the parcel owner (developer} and the community (hydrologio drainage design criteria), the responsibility' for managing stormwater runoff thatexceecfs on-site design reqUirements is clearly the responsibility of thectitnmunity. The l:\mount-of runoff . geneYliled by a parcel and sent ta a storJ!IWateJ'system repres$r\ts its proportionate share of the burden of creating and maintalrtlng thestormwater sy$tani, Therefore, the costs of the stormwater management program' are a tangible, aggregate measure of Ihe management of the burd&n of runoff generat&d by each parcel. I I Ii I I! Agenda item No. 10C; June 22, 2004 Page 1 of 19 ~ .-----.- ---- . , ---, ! , Agenda Item No. 9H .June 12, 2007 Page 6 of 24 Executive S11lUnll:rY. Stonnwater Funding Poliey Page ,2 There are many options for funding the stormwater management program; the Florida Constitution provides authority for counties to: q Create a stormwaler utility (Chapter 403) q Adopt utility fees that are adequate to plan, operate and maintain stormwateT systems (Chapter 403) . q Create stormwater management benefit areas within which properly owners may be assessed a fee related to the benefits received by their property (Chapter 403) q Establish and administer programs for flood and erosion control and drainage (Chapter 125); q Creala MSTUs and MSBUs to provid& stormwater services in onincorporated areas (Chapter 125); q Provide drainage services to any municipality/special district through agrMmenlS (Chapter 125); q Power to levy and collect taxes and special assessments for municipal services (Chapler 125) The recommended plan is outlined in Table 1 with the County share of $140 million, Big Cypress Basin $75 million, MSTU's $67 million, and Grants for $65 million (see attached for detailed budget). ~ TABL.E 1 CaDilal Proiccts FuIl<liaQ Salll I Coo.a.lY Fmided . $200.000,000 113 Coufttv $67.000 0001 $67.000.000 1/3 BCB S67 000.0001 1/3 MSTU $67.000.000 Tertia" STSUm r........ $130.000.000 112 County $6$.000.000 565,000,000 [12 G""''' $65.000,00 Tidal Receivinp Arells 516,000.000 In Co.n;;; 58,00<};llOO 58.000.000 112 BCB 58,000,000 MSTU" . Couot\' 5140.000.000 BGB 575.000,000 MSTU 567.000.000 GR.AN1"S u. S6~,000,000 . County Punded ~ via ;15 milS' ad mom'll ,. $7.0 milliontyr x 20 ....~I40 milliM ". MSTU ~ At\et initial rehtbiJitatiop-ofthe tidal areas MSTU'lIfwil] be responsibla. for Onf>.J':3.bon and main'teoance ... Grants - With a dediCating funding SOQU;(: there will be InQte. opportunity to liecurC. crrn'll (undin.. for ClP - Agenda Item No. 10G June 22, 2004 Page 2 of 19 Agen:::a Item No. 9H June 12, 2007 Page 7 of 24 Executive Summary, SIOIJJ1w~1et Funding Policy Page 3 FISCAL IMPACT: Source of funds would be ad valorem taxes with a dedicated millage to a Stormwater Management Utility. GROWTH MANAGEMENT IMPACT: The Stormwater Capital Improvement program is in accordance with the intents of the Drainage Sub-element RECOMMENDATION: That the Board of County Commissioners review and discuss the establishment of a Stormwater Management Funding Policy with .15 mils ad valorem dedicated solely for the Storm water Management Capital Improvement Program. Additionally, that the Board concur as to the overall funding program as outnrled in Table 1. Next Board action at a future meeting will be to pass an updated Ordinance 91-27 for the establIshment of a Stormwater Utility with. 15 mils dedicated from ad valorem to fund the Utility. ~ Agenda Item No. 10G June 22, 2004 Page 3 of 19 Agenda Item No. 9H June 12. 2007 Page 8 of 24 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number 10G Item Summary Recommendation to adopt a Stomlwater Funding policy for the Capital Improvement Program to ensure adequate f!oodpro1ection and water quality, estimated fiscal impact of $140 million from Collier County whh a total of $346 million over the next 20 years. Meeting Date 6/2212004 9:00:00 AM Approved By Sharon Newman Accounting Supervisor Dato Trnn~port.lon Services Transport:tUon Administration 6114/2004 2:31 PM A pproved By Norm E. Feder. Ale? Transportation Division Adm!n~5tr3tor Date Transportion Services Transportation Services Admin. 6/14120044:46 PM _ Approved By Otane Perryman ExeclltlyQ Secretary Date Transportion Services Transportation Services Admin. 5/15120048:07 AM Approved By Pat lehnhard Administrative Assistant Date County Manager's Off!ce Office of Management & Budq-et 611512004 8:54 AM Approved By MichaelSmykowskl County Manager's Offlca Management & Budget DIrector Date Office of Managoment & Budget 6/15.1200410:25 AM Approved By J,>mes V. Mudd Board of County Commissioners Co.unty Managor Date County Manager's Office 6115i20041:46 PM ~ Agenda Item No. 10G June 22, 2004 Page 4 0119 . I"---:t J)ON .0......... 6~ 0 ZN:.7) ,,~ Q) mQ)::.J:l ...... r- m --0.. 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" ~ ~ !l '" lHU gH::r . . ."'l ---= H >r. ... ~ - N~ ,c HH g"U~ ":":":'0 N g 8 ~ g II II ~ ~ ~ ~ sH g . . . ~ ~ - ~ g g g u!! ~ ~~ ;e'a_:S ,c HH ~U~ - -- - ;:; H HUH ~ ~~ ~~~-~gg ~ 8 9 ~ ~ @llH sH ~5~:!i "->f18' ....,......~ N_~ 8 !!U ~ U~ ... ~ ~ 2 :::: ~ !:! :!! =-- ,s. ~ '~ :9 c; s.t:; ~ e ;: e: ~ ~ e = = ~ ! '!:' ~ = _~ rn..,Oo"l"1<VlVl"""'"'V\....""""'..,V\Vl ~ ~ ~ ~- ~ Us ~ g8g N 00'1"">_ '" ~ II ~- ~ ~ U!! % ~~5 g 8 ~ ~. g Hl! ~ 20& ,; ,,~:g ... II g ~ ~ g 8U ~ ~ ~- ~ @ S! II ~ H ;; '~ Hs S'&f ..r ~ .., S "iHllU U ~~88g 88 - C'oI ~ M N 8~=~~~g,~~ftSi~ - - - - - - - - - - .- - .......,.....,....."" lI"IVl"" Vl..,..... 'i ~ .~ .f ..:a i 0 ~ . I i I f l~~. j _ ~ .::ii "' ::i: ~ "' c.. .g '" '7 ~ s"~. . ~.f!g";5. ~.,.~ 0 ~t~~!J=fll.1J ~!O.~JI Ijll.,. I J 1~i~!~j?ili~!1!ft.!~! ~ii~f,!~l~nj 8ea.I~~.~IO~1~&~ 13.-.~.J-II.jll 11!IIJi~IIJJ!18~J IJI~II; J~.mll~ H~ H~ $';;: ! ;;; ~~ ... ~~ ~ oN'l() ~ !~~ zC'\IQ) - E a> al' ~g-~..!!511. ~"';l "," ..ll. ~ -g N ~ CD - 0> <( ~u llg~ ~;'" ~n ~O_ ,'::lgr-. ll-~ .~ - -",- i=i 2S;:; .....- "r-: N~ a~ ~n ~;~ aU ~g ~glO en ...; o. a ~~~ ~gfo- ~u 9 '9 -8- er..o ~.. N= g g !f '" '{ :0 N ,c :l ? '" i . % ,. ~ ~ ~ '-J! H." ~:;: 8 ~ ~ ~ ll;~1'J:I 11 " o .~ .~ .9 ~ ~ :3 o u ~ '" 13 .. - T~ CaDiral Prole.1S I1mu S t Col!nlv Fuude4. S200 000.000 l/3eoui1tY' S67 000000 $67.000.000 IllllCB ,OOI:iooo 1/3 MSnJ $61.000 000 Tetli""' S._ (.- $130.000.000 In. Cnm"" $6S.<<lO;OOO S6S 000 000 112 or.... '000 ThIal . . Ate.., $16.000.000 1/2 CouD'" $8.000.000 58.000.000 1I1BCB $li,OOO;OOO ~U.. COOnl\ $140,000.000 BCB S75.OOO.OOO MSnJ 567.000.000 GRANTS .... 565.000,000 . COUDlV Funded - ... .15 mil. ad VllIorem :>-$7.ot'Di1Jronlvr::t 10vr=Sl40 miJljon .. MSrl1- - A1ttz. inil;ial teh.,bilit;ation. of ~ ~~eas -MS111's win be .resoonsible fOt' ODCraUOO and maintenance ... 0ranlA' - With adcdicating funding source there will be more opportunity "' s= mllJ{ f\JndiD. tor Cll' Agenda item No. 9H .June 12, 2007 -Page 10 of 24 Agenda Item No.1 OG June 22, 2004 Page 6 of 19 Agenda Item No. 9H .June 12, 2007 Page 11 0124 OROINANC~ NO. 'L-~ AN ORDINANCE OF COLLIER COUNTY, FLORIDA RELATING TO STORMWATER HANAGE:MENT IN. THE COUNTY AND CREATING A STORMWATER UTILITY; STATING AUTHORITY; GOVERNIKC BOARD, POWERS AND DUTIES; STATING FrNDINCS, PURPOSB AND DECLARA- TIoN OF BENEFIT; PROVIOING TITLE AND CITATION; PROVIDING FOR APPLICABILITY OF ORDINANCE; PROVIDING DEFINITIONS J eSTABLISHMENT OF A STORHWATER UTILITY; ESTABLISHMENT OF A STORHWATER UTILITY ENTERPRISE FUND; PROVIDING FOR ISSUANCE OF BONDS; PROVIDXH~ FOR DEVELOP- MENT, rKPLEHENTATIOK"AND APPLXCATIOH ,OF FUNDING; OPERATING BUDGET; REQtJI:Rm LEVELS OF RATES FOR STORMWATER UTILITYFBES AND ASSESS- MEHTS; IHPOSITIOH 0' SToltMWATER UTILITY FE~; ESTABLISHING AREA 07 OPERATION, BENEPIT AREAS AND UTILITY nzs; NOTICB REQUXREME:N'l'S FOR RESOLUTIONS ESTABLISHINC OR MODIFYING AREA OF OPERATION BENzrI'r AR.EAS AND SB'rTING OR HODIFY- INC RA'fES; ASSESSHEN'l"S AND trl'ILITY FEES; CREDITS AGAINST UTrLITY FEES AND ASSESSMENTS; BILLING AND PAYMENT OF STORHWATER UTILITY FeES OR ASSESSMENTS I ADJUSTMENT OP UTILITY FeE AND ASSESSHENTS~ CORRECTIONS; PENALTIES; ADJUST- MENTS 1 AOJUSTKEJrfT OF t1'l"ILITY FEE AND ASSESS- HEHTS; COIUtEC'l'IOHS; CREATION OF A COMPR.EHEN- SIVE STORHWATER MANAGEMENT trrILITY CODE:; CONFLl C'1" AND SEVERABILITY 1 AND 2lTECTlVE DATE. WBEaEa8, Collier County (the "County") is responsible for the conservation. management, protection, control~ use and enhancement of water resources and management, maintenance, and improv~ment o! the stornwater systems in the unincorporated areas ot the county; and VBEaBAS~ the County has adopted a Compreh~nsive Grow~h Management Plan whi~h identities water resource needs and objectives; and VKER2A8, the Growth Manag.~ent Plan dir~cts the County to adopt stormwater utility service charges as the primary method of tlnancing the sys~e. ImprovRmants outlined in the capital Improvement Element; and WHEREAS, the Federal Clean Water Act as anended by the Water Quality Act ot 1987 (JJ U.S.C. 1251, ~ ~.) and rules to be pro~ulgated ~y the United States Environmental Protection Agency require that political entities having populations ot greater than -1- Agenda Item NO.1 OG June 22. 2004 Page 7 of 19 Agenda Item No. 9H .June 12. 2007 Page 12 of 24 - 100,000 persons develop. implement, and fund suormwater manaqcmen~ proqra.s and obtain discharge permits for certain outfall~ from stormwater systems; and l1BEJlEAS, the Board" of county commissioners (the "Board") has authorized the prapa~ation 0: a prOfessional engineerinq and manaqemant analysis of the storDWater" systems and the stor~water Danagement-pr~ble.s, needs,-qoals,' operational and capital requirements, bnd"fUnding oppor~un~ties in the County; and WH2R2AB,' thB professional engineering and man.~e.ent analysis has been prepar~d and delivere4 to the Soard and has been examined, ~~viewe~, dls~~;.ed_and adopt~d as a blueprint ror impl..entati~n by th~ Board and ha. been subject to public ~eeting. and.discussions 'in the cQunty, and WUERZAS,' the. analysis indicates that substantial stormwater manoqement'bperatlnq proqra~, regulatory, and capital improvement needa exist-in Collier County; and WHEaEAI, tnc County has concluded that it wi~l be necessary and essential to undertake a comprehensive stormwater management program (the "prograa") to. construct improv...nts to its Q~iGtin9 stOrDwatsJ:.manageme.nt system..wnich has bel!n dl!ve~oped over iI nu.ber o~ years tor th. purpose of collection, storage, treatment and conveyance or stormwater, to ensure that the collection and disposa1 or stormwater within the county adequately protects the health. safety, and wellare ot the citlzen~ or the county, WBERZAS, 1n developing the proqram, the county has concluded that it is necessary to fund the Program by exercising its prerogative under Florida law to create a Stormwater utility to collect Utility Pee., to make as.e8~ment$ and borrow monies sufticlent to plan, construct, improve, operGte and maintain the Program, and to set Aside any other funds for purposes of funding the progrlllll.. NOW, THEREPORB, DB rr OltDAINBD BY THB BoARD OP' COUNTY COKMIBSIONERS 07 COLLIER COUNTY, FLORZDA that: -2- Agenda Ilem No.1 OG June 22, 2004 Page 8 of 19 Agenda Item No. 9H .June 12,2007 Page 13 of 24 -.--~-- 8ECTXON ON~: AUTHORITY The Board'is authorized by the cons~itution and laws at the State ot Florida, includinq Chapter 125, Florida statutes and S.cti~Qr~D3_0893. Plorida Statutes to construct, reconstruct, improve, an~. extend. stormwater manag&ft8nt systems, or create s~ornwater utilitiea and to 1ssu. bonds and other obligations to finance'.!n whole, or part. the cost of' such systens and to establish just and. equitable ratesl fees, and charges for the s.rvicGS and facilj~t8b~providedby such systems; BEC~XON TWO; CO~EANrNQ BOARD; POWERS AND DUTIES ,:;. The Board,'of, County .cOIllID.i.ss1onera ot Collior COuntYI Florida as' tha-qovarn1nq body or,Collier county 1s Ex-ofrieio the Governing Board of the sto~ater utility established hQraby with the paw_r-and duty-to conduct the atra1rs or the Utility as prescribed l:Iy. P'lorida." law.: SEe'l"l'ON TH'RI!:E: i"nmruoB; I'URPOS8 AJm D2CLAJU.'1'I:OK OJ' BZNEJ"l:'1' The Board does-hereby make the tollovinq findings: ~(a) The professional enqineerinq and manaqemant analysis submitted to and adopted by the Board on August 27. 1990 properly_ defines the stormwater management "..ds of the county. (b) The stormwater manaqement needs or the county dirfer troD area to area and that stornwater management service a~Bas' are definable on the basis or such ditteranees 1n service needs ~nd contribution to the overall problem. (e) The ability of the County to ettectively conserve, manage, protect, control, use, and enhance tho water resources of tha County ia dependent on the prOVision o~ adequate, equitable and stabla funding for the stormwater management progrom. (d) Tho stormwater management system, inclu~ing tho components which provide for the col1ectionot and disposal of stormwater and r@gulation of groundwater, is -J- Agenda Item No. 10G June 22. 2004 Page 9 of 19 Agenda Item No. 9H .June 12, 2007 Page 140f 24 ==--'.. -~ - , ot ~enerit ~nd provides services tor the welfare of the county and its residents including property not presently served by th_ physical elements thereot. .(e) "The formation ot a 5tormwater utility, the establishment ,of a separate enterprise fund tor accounting of the .O;,:..,:....."f ~'. revenues, elCpendlt.ures, il:!iSe.ts, and earnings of the utility, ahd adoption ot various rates, tees, charges, 'rentals, tinea, and penalties are nec.ssar~ to m..t the needs identifi8d in the professional engineering and ." ,.....:.. ..... IlanaQQ1'l1ent 'analysis. ;;:.;ll~.'. I~ is:the tntene-ot the county that in addition to other available monies. stormwater utility Fees and Assessments shall fund: the. costs of Operat-!on and Maintenance,' Extension and Replacement and Debt Service ot ~he stormwater Nanaqement system. u. ..:-It- 111 therefore the purpolill8 of this Ordinance to provide tor th.~h.alth".sat'et:Y"imi:~f.weltare ot the citizens of collier county, ?lorida.by providing for thlill con~Qrvation, management, protection, eontrol, us. and- enhancamBnt, maintenance and improve~ent ot the stormwater.systems in the unincorporated areas of tha county. It is"hereby declared and de~ermined by the Board of County commissioners that the storawater management services provided pursuant to this ordinance and the establishment of a stormwater utility constitute a benefit to the properties within the Area of Operation equal to or in excess o( the costs of providing such stormwBter .anagement sarvicea. SEC'.rYON' 70UR: TITLB AND CIT~TION This Ordinance shall be known and may bB cited as the "collier county StorBIWater Utility Ordinance-. BEefiOR l'YV1U API"LICABD.In Thi. Ordlnanc8 shall apply to ~n~ be enforced in all the unincorporated area ot Collier county. -4- Agenda Item No.1 OG June 22, 2004 Page 10 of 19 Agenda Ilem No. 9H .June 12. 2007 Page 15.0!- 24 S1!:CTTOH' SIX: OET:INI'1'ION9 For the purpose of this Ordinance, all capitalized, undefined terms used in this Ordinance shall have the following ~eanings: A. "Area ot operation" means tnat area designated in any resolution o! the Board as provided herein as the area within which the System shall. be operated and in Which a Utility Fee is imposed. 8. "Assessment- mean. a per acreage ree ~uthori~ad by the terms of Section 403.0893{~) Plorida Statutes, as amended. and this Ordinance, to be assessed for funding such COgt. of operation and Maintenance. Debt Service and Extension and Replacement attributable' to a Ben.rit Area that the Board may determine hy resolution" or the Board~as provided harsin. C. "Benefit Area" means any portion or portions of a.n area vi thin or without an Area or Operation, designated by resolution of the Board as provided herein as a nenetit Area for purposes or detQruining Utility Fees and/or Assessments to be payable in such area. -- o~. "Board- ....an. th_ Board of County COmD.issioners or Collier county, Flor1da. E. "Bonds. means revenue bonds, as.se.ss.erit bonds, nates, loans or any other debt obligations issued or incurred to finance the Costs or Construction. F. "Co.sts of Construction" lIleans costs reasonably incurred in Connection with providinq capital improvements to the Syste~ or any portion thereat, including but not limited to the costs of (1) acquisition ot all property, real or personal, end all interasts in connection therewith including all rights-of-way and easements therefor, (2) physical construction, installation and testing, including the costs of labor, s@rvices, permittinq, materials, supplies and utility serviCes used in connection therewith, (3) architectural, engineering, legal and other protession~i services, (4) insurance premlu~s tQken out and -5- Agenda Item No. 10G June 22, 2004 Page 11 of 19 t Agenda Item No. 9H June 12. 2007 Page 1'6 of 24 M. "operating Budget" means the annual utility operating Qudqet adcpte~ by the county tor the succeeding Fiscal Year. N." ItOperations. illnd Maintenance" lfIeans the current expenses, paid o~ accrued, of operation, maintenance and current repair at the System, a8 calculated in accordance ~ith sound accounting prac.tice', and includ.e.a, without limiting the generality of the !oreqoinq, insurance premiums. admini$trative expenses. lODor, execative compensation, the cost ot materials, equip.ent and Supplies used tor current operations, and charge. tor the accumulation ot appropriate reserves for current "expenses not annually inourred, but whichar. sucn as may reAsonably be expeoted to be incurred in accordance with sound accounting practice. o. "Property Appraiser" means thG Property Appraiser ot Callier county, Florida. ,.P. "'Revenues" means all rDte:s, fee5, a5SeS5JI:lfitnts, tAX'es; rentals or other charges or other income received 'by the Utility, in connection with the manaqeaent and operation of the System, including amounts received from tha inVestment or deposit of moneys in any tuna or account and any amounts contributed by the county, all a.calculated in accordance with sound accountinq practice. Q. .stormwater Management Systemn or "system" means the existing stormvater manaqement ot the county and all i~prov@mants ther~to which by this Ordinance are constituted as the property amt responsibility of the Utility, to he (,pp:::-al:ed as an enterprise tund to, among other things, conserve water, control discharges necessitated by rainfall events, incorporate ulethod.s to collect, convey, store~ absorb, inhibit, traAt, U~~ or reuse water to prevent or reduce flooding, over-drainage, environmental ~eqradation and water pollution or otherwise ~rfect the quality ~nd quantity ot discharge fro~ such System. ~ -7- Agenda Item No.1 OG June 22, 2004 Page 12 of19 A,genda item No. 9H ..June 12, 2007 Page i i"bf 24 ',- --"-""'--,"",::"'~''-'''-''-- R. "StOt'lftWAter Utility" or "Utility" means the enterpri!;;e tund utility created by this Ordinance to operatep mftintnin and improve the sy~tem. s. "Stormwater.utillty Fee" mBans a Utility tee authorized by Florida law and thig Drdinan~e whlch is 9st~blished to pay operations -and Maintenance. Extension and Replacement and Debt Service. . .T. -Tax Colleator- ..ana the Ta~ Col1aetor or Collier county, Florida. SEe'l':rOH 82VElf: 2S~ABLXBBHZHT or ~ S~ORKWATER UTrLXTY The Boa-rd bereby a8tabllshaa a stonDwater Uti~ity, Which shall-be responsible tor the conservation, management. protection, control, use, and enhancement ot water resources in the county and the manageaentp operation, maintenancep and improv..ant ot the public stormwater system.p and which Utility shall operate as a Section ot the Water Hanaqement Department within the Environmental services D1viKion ot the county. B!:C'l'ION ZJ:GH'I': ZrrUU811KBn 0" A 8TOIllf1Q'l'D trrXLJ:TY mr.t"DPltISB l"UND The Board hereby establish.. a stD~water Utility Enterprise Fund. tor the accounting or all revenues, expenditures, assets,_ and earnings ot the utility, in which all revenues trom the stormwater .Utility shall be deposited. Monies in said Fund shall, in priority or order, pay the costs ot (1) Operations and Maintenance, (U) Debt Service and (iti) Extension and Replacement. BEcorroN HYDE: 188UANcm or BONDS The stormwater oti~ity may issue Bonda tor the purposes described herein pursuant toa resolution of the Board authorizing the issuance thereot. Except as herein otherwise expressly provided or in any resolution ot the Board authorizing the issuance o~ Bonds, all Bonds shall be payable solely out of the revenue and receipts derived from th~ Syste~ or or any portion -6- Agenda lIem No. 10G June 22, 2004 Page 13 of 19 Agenda Item No. 9H .June 12, 2007 Page 18 of 24 - therQo!j provi4ed, that notes is~ued in anticipation of the issuance or Bonds ~ay be retired out ot the prcce.~s ot such Bonds:. SZC'TroN' 'l'EH: OZV:r;LOl'KEH'l', IK.LEMEN't~T:ION, 1UfD APPLIC:n.T:IOJJ OF rmmUG ."' .. . The Board shall provide for the developaent, implementation, ......,.,'......:".:.... !r. '.: "1:..:.. an4 application 0' variou8 tund1n9 .ethoa. includinq but net limited to the service charg_., special ascessmant~. non ad valorem asse.8~nts, tees ror services or in-lieu ot re9Ulatory requirements, fines, penalties, impact tees, and such other .- .........' '.... ,. r~~di~q methods a~- the County may be authorized to usa as it determines by subsequent resolution. Bl!lC"l'l:OH KLEVEN I 0I'ERA'J'%'UO DtJDOII'1' The Board shall adopt an operatinq Budqet not later than the tlrst day ot each Piscal Year. The operatinq Budqet shall set forth for such Fleeal Year the es~~ated Revenues ana the estimated costs for Operations and Maintenance. Extension and Replacelllent and i";:';::_ '.'. ..__ BE~i::O!f--TwELVB: Debt Service. REQUIRED LBV"BLS 07 RATES FOR BTORKWA'1'ER UTILITY 7ZES AND ASIZS.HBNT8 The Board shall require that adequate Revenues are-generatea to provide tor a balanced Operatinq BUdget by setting sufficient levels o~ Stormwater O~ility Fees and.As&Qsa~ent.. BEC7rON THZRTE~N: IKPOSXTXOH OF STORMWATER UTILITY FEeS The Board hereby authorize. th_ imposition ot stor~water Otility Fees on all property within the Area ot Operation wnlch shall be established or llIodltied by Board regolution as provided herein. Additional utility Fees D8y b. .stabli&he~ by Board resolution as provided herein. 8'RC'1'rON P'OU1i't'EEH: BS'1'ABLISKnfG un O. OPERATIOH, BBifE'7IT AREAS (1) Area ot Oneration. (8) The Board shall describe and establish the initial Area or Operation and shall .ake such mgditications as it determines by subsequent resolution as provided herein. -.- Agenda Ilem No. 10G June 22, 2004 Page 14 of 19 Aaenda item No. 9H ~ June 12, 2007 Page 19 of 24 (2) Benefit: "rea~. (a) The Board may degcribe and establish Benefit ^reas within or without the Area of operation and may establish add1t1bnaL Benefit: Areas and n.~. .sucn.moditications as it determin~s by subsequent resolution as provided herein. aE~ION prPTEBK: NCTICB REQUIREKENTB FOR RESOLUTIONS B8'f~LISJU1fG 0" HODIJ'nNQ un or OpeR.A~IOU, BENEFIT UEA8. AJn:) 8ETTXNG OR HODII'Y::[NQ RATES A pub1~c hearinq shall be held prior to adopting resolutions eatab~iShin9 or .odifyinq an Area of operation. 5en$fit Areas, or sRttinq or modi~yinq stormwater Utility Fees and Assessments. Notice of the public hearing shall be published 15 days prior to t~~_~earinq in a newspaper of general circulation in the County. ,"-",'.-",""'- BECTTON aT~EZH: ,ASSBSSMENTS AND UTILrTY F~Ea The Board ~ay, by resolution. establish a Benefit Area and impos. a par. acreaqe te8 on real property located in the Bonefit Area. Benefit Areas may be charged an Assessment in additIon to utility Yeas. "~~__i~) _ Assessments. Assessnen~3 shall be established by this O~d~nc~ .or" by Board' ~esolution as provided: he:re1n. which shall set forth (1) the Benetit Area to which the Assessment applies and (iU.'what portion or the Assessment will be use<1 tor the costs of operations and Maintenance, Extension and Replacement and Debt Sek.vi_c:e.~: The. Board in its discretion may deterllline that Assessments should vary by Benefit Area based on its review ot the !acts, inclUding benefits received, burdans produced and services renderEd. (2) Utility Fees. Utility Fees shall be inltially imposed and may be later moditied by Board resolution as provided herein. Any Board resolutions iaposinq or modityinq Utility Fees shall set forth (1) the Area of Operation or Benefit Area to which the Utility Fee applies (ii) what portion of the Utility Fee will be used tor the costs of Operations and Mainten~nce, Extension and Replacement and Debt Service and (iil) the Utility Fea rate. it -10- Agenda Item No. 10G June 22, 2004 Page 15 of 19 ~ -' Agenda Item No. 9H ,June 12, 2007 Page 20 of 24 . applicable. The B08rdin its discretion may dQtermine ~hat Utility Fees should vary. by Benefit Area b~s&d on its review ot the facts inclu~inq benetits received, burdens produced and services. rendered. .. SECTION SEVEHT~EN;. .CREDITS AG~!NS! UTILITY FEBS AND A8SEBBHERTS -_:...."':..~pr:oplU'~y.!.owners"jl:lay. racaive_credit al)ai.nst utilit.y Fees .and 3:'!',._::':, ';." .::l.; ,T ~.. . ".,. . .:' " Assessaents in amountxrap~roved. by, the Board tor past or future expenditur.. dee.rained by the Director to benetit the sy.tem. Such. determination shall ba made in accordance with the quidelinq& /' ser forth in resolutions est.ablishing an Area at Operation. Benetit Ar.~ or setting utility Fees and Assessments. SeCTYOK ~TaRTBEN: BILLING AND PAYMENT 07 OTZLITY 7BBS OR 188BBSKBNT8, PE~TXE8; ADJV8~8 The Board shall, by resolution, est~blish the method of collecting stcrmwater Utl1i~y Fees and Asse&s~.nts and may provide tor any re=edies permitted under Flo~ida law for collection of payments, inclu4inq liens and penalties and any remedies set forth in the provisions contained in 540~.oa9J, Florida Statutes, as amended. S~CTYOH ~EEH: ADJUI~EHT or UT~LITY rES AND ASSESSMENTS; CORUC"r:IONS. (1) OWner-Initiated Adiustments. Request5 for adjustment of the utility FQe or an Assessment ~hall be submitted to the Director, who shall have authority to adjust the util~ty Fee or 'Assess.ent pursuant to tha procedur~s 3nd standards as established her.in~ No or edit shall be qivan fo~ ~he installation or (~cl1itie. required by County ordinances cr applicable laws. The tOllowing procedures shall apply to all adjusthent requests of the Utility Fee or an Assessnent: (0) Any owner who believes the utility Fee or Assessment is incorrect maYi subject to the limitations set forth herein, submit an adjustment request to t~e oireetor. (b) The adjustment request ~hall be 1n writing and set forth, in detail. the grounds upon ~hich tho correction is sought. -11- Agenda Item No. 10G June 22, 2004 Page 16 of 19 . Agenda Item No. 9H .June 12. 2007 Page 21 of 24 (c) The adjustment request of a Utility fee or Assessm@nt must be #ade within thirty (30) days after tha date of its first class mailing. The adjustment request will be reviewed by the. Director within three (J) months trom the date of filing or the";".dgustDumt..request.:< corisidol!ration by the Director ot tha owner!:s request., for. /'ld.justment shall not relieve the owner or the abliqat10n to make. timely payment of the utility Fee or Assessment. In the event an adjustment is granted by the Director which decreases the Utility F.. or an Assessment, the owner shall be entitled to credit tor the excess Utility Fee or Assessment paid. If the Utility Fee ar Assessment is placed on the real prop'~uty~taX'bill. the_credit shalL be so noted on the respective ovner's real property tax bill. (d) The owner requesting the adjustment may be required, at his own COEt. to provide supplemental information to the Director includinq. but not limited to, survey data approved by a professional land surveyor and engineering reports approved by a professional engineer. Failure to provide such information ~e!_~~aUl~ In the denial ot.the adjus~ment request. -'......._..~_.. (e) The granting or denial ot an adjust~ent to a utility .Fee or an Assessment will be turn.ished to the owner, in writing, by the Director. It the Utility Fee or an Assessm_nt is placed on the real property tax bill, the document grantinq an adjustment to a Utility Fee or an Asses~nent will also be sent to tha TBX Collector. r2) Rioht o~ Rpvlp-v hv Rn~rd. The owner has the right to appeal tho decision of the Dlrec~or to the Board. The appeal must be made within thirty (30) days ot receipt ot such de~ial. The Board shall turnish. in writinq. its determination within sixty (60) days or receirt ot the request for review. It shall set ~orth the reasons for the decision based on the criteria containea in this Section. ~12- Agenda Item NO.1 OG June 22, 2004 Page 17 of 19 , - - Agenda Item No. 9H .June 12, 2007 Page 22 of 24 1 (3) County-Initiated ~d;u~~ments. It the Ut111ty Faa or an Assessment is placed on the Tax Bill, any error~ in ths utility Fee or an A5ses~ment or failure to charge a utility Fee or an AssesSftent~BY b. corrected by ~h. Tax Collector. It the utility Fe. or:an~As5essmen~~B nor placed on the Tax Bill. any errors in the: Uti.lit-y. Fee or an::Asses:ullent or failure to cherq. a Utility Fee. or" AsseSsUlent lIIay be corr.ct~d by the Director. correction. whl~result in an increase in a utility Fee or an Assessment can"ot~b.. imposed until the owner has consented in writing to the increase. or has been given at l.ast ten (~O) day. notica by certitied mail and an opportunity to be heard by the Board. Once the. adjustment is finalized, the Oirector shall send documentation reflecting the adjustment to th_ owner and, it the UtilityFea or Atiuie.S:lIlent i.. plac::ecl on the Tax B'illr t.he documentation vil1 a1eo be sent to the Tax Collector. 91!lC'l'ION !rW!!NTY: CREATIOU or ~ COKPREHENBZVB BTORKWATER MAN~GEHEHT UTILITY CODB The Board may ereate and adopt a ~~~pr~h~n&lve stcrmwater Management Utility code for the county. BECTYOK TWENTY-ONE: CONFLICT AND SEVERADILXTY In tha event this Qrdinanee conflicts with any other ordinance ot Collier Coun~y or other applicable law, tha more restrictive shall apply. If any phrase or f:'ortion of this Ordinance is held invalid or unconstit~ti~:~al by any c:ourt ot co.petent jurisdiction. such portion shall be dee~ed separate, distinct and independent provision and such ~oldinq shall not affect the validity ot the ramalninq portion. SECTION '1'1n:Jl'1'Y-'1'WO: El'rZOTXVB DATZ This Ordinance shall become 8rtecti~s ~po~ receipt or notice fro. the Secretary of State that this o~dinn~ce has been riled with the Secretary of Stat.. -13- Agenda Item No. 10G June 22. 2004 Page 18 of 19 Agend3 Item No. 9H .June 12. 2007 Page 23 of 24 PASSED AND DULY ADOPTED by the Board of County Commissionera ot Collier County, Florida this .LL- do!lY of :?%-.:...::"L 1991.. ., "~ ATT~T:.. . .. .: JAM~ c. Grt.~s., Clerk ~:4:'~ ~, ,,~ 0". :: /" :: "'. ., 't-. ' '" '... I . . , . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, PLDRTDA ,. , ~, '~"'. ,~.:,:, . . BY, P~:,:_Q~~ PAT CIA ANN! GOO G Chairp.rsDn .nd rxd/~/nal Thll ordl""-' ,.,.... ""Iln tn. ~telStory v ...~<fjc. tho a.t&dav otJ~ ,J..:!.!1L and OCk.llO~'C~. 'f...."';"! :::f ""::1 fIIi"" "C'i"d~ '01 ,t7/~ ' ,-'/~ _c -...-,,-.. -14- Agenda Item No. 10G June 22, 2004 Page 19 of 19 v Agenda Item No. 9H .June 12. 2007 Page 24 of 24 _, mudd.J From: Sent: To: Cc: Subject: henning_t Thursday, May 31, 2007 9:37 AM muddj weigeL d FW: Reconsideration 16 B 8 County Manager: For clarification and sufficiency, the County Attorney has advised me that I need to state that I would lfke this item to appear on the June 12, 2007 BCC agenda for reconsideration. Respectfully, Commissioner Henning From: sent: To: CC: SUbject: hennirqJ Friday, May 25, 2007 5:03 PM mudd.j Feder _N ReconsideraMn 16 B 8 County Manager I have concems how this item reach the Boards agenda and knowing how full the regular agenda was I did not want to pull more off the agenda. I have met the Boards ordinance for reconsideration therefore I wish to place this item on the next agenda for reconsideration. Respectfully. Commissioner Henning 1 EXECUTIVE SUMMARY Agenda Item No. 91 June 12, 2007 Page 1 of 30 APPOINTMENT OF MEMBER(S) TO THE FIRE REVIEW TASK FORCE OBJECTIVE: To appoint 9 members to the Fire Review Task Force to serve one year, expiring on June] 2, 2008. CONSIDERATIONS: The FIRE REVIEW TASK FORCE was created by the Board of County Commissioners on April 24, 2007 by Resolution No. 2007-] 05. This 9 member committee will be comprised of 3 fire district board representatives (Individuals appointed to represent the fire district boards shall be based on recommendations of the fire districts' boal'ds.); 2 members from the Development Services Advisory Committee; 2 members affiliated with the Collier Bui]ding Industry Association; and 2 members affiliated with the American Institute of Architects. The purposc of the committee is to discuss concerns related to fire review and inspections associated with the building plan rcview and permitting process; review building review and permitting procedurcs related to fire review and provide the Board of County Commissioners with recommendations for practical revisions to the Collier County Fire Prevention and Protection Ordinance. A press release was issued and resumes were received from the following 8 interested citizens: APPLlCA,"lT CATEGORY DIST ELECTOR ADV. COMM. ..-- Gary R. Beaumont CBIA 2 Yes None William Lawrence Schreck CBIA I Yes None Dalas Disney DSAC 4 Yes DSAC William 1. Varian DSAC 5 Yes DSAC Bradley William Schiffer American Institute Architects 2 Yes CCPe: Bd Bldg Adj & Appeals James E. Boughton American Institute Architects 2 Yes DSAC J. Christopher Lombardo N. Naples Fire Board 3 Yes None Pamela Nickell Does not meet criteria** 5 NO None **NOTE: Resolution No. 2007-105, Section Two states: 'The Task Force membcrship shall be comprised of nine (9) members, including. hut not limited to..." COMMITTEE RECOMMENDATION: New Committee - no reconuncndations FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That thc Board of County Commissioners consider the requests for appointment, appoint 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: JUNE 12, 2007 Page 1 of J Ag'~nda Item No. 91 June 12. ::007 Pil;W 2 of:JO COLLIER COUNTY BOAfW Of COUNTY CDMr,~ISSIONEP.S Item Number: '~I Item Summary: Meeting Date: A,PPolntr' 'jr;tuf'nC'rnIJers to the FirE' Review Tc.sk F(lrSe ",i12/2DG, 900 ot: AM Prepared By Sue Fih,on E~ccul;vt Manager to the BCe D.1te Board otCounty CQmmissioners BCCOffiGI1 Appr()n~d By James V, Mudd County ~'lana9"r Date Board ()fCounty COmmig5ioncrs County M:mllgcr'5 01(1<:e 611120071024 AM It8m r~0. 91 .June 12, LOC)? 3:Jf 30 Co~r County ----...~-~ - II MEMORANDUM II DATE: May 30, 2007 TO: Sue Filson FROM: Bill Hammond, Director Building Review and Permitting SUBJECT: Applications to _rYe on tile Fire Review Task Force The following named persons are acceptable candidates to serve on the subject named board; Gary Beaumont, member Collier Building Industry Association William Lawrence Schreck, member Collier Building Industry Association Dalas Disney, member Development Services Advisory Committee William J. Varian, Development Services Advisory Committee Bradley William Schiffer, member American Institute of Architects James E. Boughton, member American Institute of Architects J. Christopher Lombardo, member North Naples Fire Board of Commissioners The following named person is not considered an acceptable candidate to serve on the subject named board; Pamela Nickell, discussion by staff with the Executive Directive of CBIA reveals Ms. Nickell is not a voting member of CBIA and therefore not an eligible candidate. Cc: file; Fire Review Task Force file Joseph Schmitt, Administrator CDES T RESOLUTION NO. 2007-10S PCf'r;::'\r- ,,-."...... 1::0 MM } ? 2aD7 jO,-irtlOfCr'llI:tYGDmrnr::Sio.1ers RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLUER COUNTY, FLORIDA, TO ESTABLISH A FIRE REVIEW TASK FORCE; PROVIDING FOR CREATION; PROVIDING FOR APPOINTMENT AND COMPOSITION; PROVIDING TERMS OF OFFICE, ATTENDANCE AND FAILURE TO ATTEND MEETINGS; PROVIDING FOR OFFICERS, QUORUM, AND COMPENSATION; PROVING FOR FUNCTIONS POWERS AND DUTIES OF THE TASK FORCE; AND PROVDING FOR DISSOLUTION. WHEREAS, on March 19, 2007, the Board of County Commissioners held a joint workshop with the Fire Districts; and WHEREAS, at the workshop, the 80ard considered creating a task force to review issues relating to fire code provisions, plan review, inspections, and building review and permitting; and WHEREAS, on April 24, 2007, staff presented the 80ard Of County Commissioners with a recommendation for the creation of this task force. NOW, THEREFORE, 8E IT RESOLVED 8Y THE 80ARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, flORIDA, that: SECTION ONE: Creation of a Fire Review Task Force. The Fire Review Task Force is hereby established to assist in the review of Infonrnation and issues related to fire control and development, and to report to the Board of County Commissioners with recommendations for revisions to the Collier County Fire Prevention and Protection Ordinance. SECTION TWO: Appointment and Composition. The Task Force membership shall be comprised of nine (9) members, including, but not limited to: Three (3) fire district board representatives; Two (2) members from the Collier County Development Services Advisory Committee; Two (2) members affiliated with the Collier Building Industry Association; and Two (2) members affiliated with the American Institute of Architects. Individuals appointed to represent the fire district boards shall be based on recommendations of the fire districts' boards. If an appointed fire district board representative is not able to attend the meetings in accordance with the provisions of this Resolution, the affected fire district shall recommend to the Board of County Commissioners a replacement representative. The Collier County 8uilding Official and the Collier County Fire Official shall attend all meetings as liaisons to the Fire Review Task Force. Agenda Item No. 91 .June 12. 2007 Page 4 of 30 /l,oenda Item t\!o. 91 ~ June 12. 2007 Page 5 of 30 SECTION THREE: Terms of Office; Attendance; Failure to Attend Meetings. The Fire Review Task Force is hereby created as an ad hoc task force for a period to expire one year from the date of the resolution appointin9 its members. Membership of the Task Force shall be sought and appointed in accordance with Collier County Ordinance No. 2001-55, as amended or its successor ordinance, and shall serve the full term in accordance with said Ordinance. The Fire Review Task Force shall adhere to all attendance requirements and failure to attend meetings as set forth In Collier County Ordinance No. 2001-55, as amended or its successor ordinance, SECTION THREE: Officers; Quorum; and Compensation. A Chair and Vice Chair shall be selected at the first meeting of the Fire Review Task Force. The Chair and Vice Chair may serve in an on-going capacity during the term of this Task Force. The presence of a majority of the voting members shall constitute a quorum, The Task Force shall adopt rules and procedures for the transaction of business and shall keep records of meetings, findings and determinations. The members of the Task Force shall serve without compensation, but may be reimbursed for travel, mileage and/or per diem expenses only if approved, in advance, by the Board of County Commissioners. SECTION FOUR: Functions, Powers and Duties of the Task Force. The functions, powers and duties of the Task Force shall include but not be limited to: A. Discuss issues and concerns of the public, the County, the fire control districts and the development industry related to fire review and inspections associated with the building plan review and permitting process; B. Review building review and permitting requirements and procedures related to fire review; and C. Provide the 80ard of County Commissioners with recommendations for practical revisions to the Collier County Fire Prevention and Protection Ordinance. All meetings shall be open to the public and shall be governed by the Florida Government in the Sunshine Law. All meetings shall be held after reasonable publiC notice is provided as to the location, time and subject matter of the meetings. SECTION FIVE: Dissolution of Task Force. At the conclusion of one (1) year from the date of the resolution appointing its members, the Fire Review Task Force's services shall be dissolved; however, if by resolution the Board of County Commissioners extends the term of the Task Force, dissolution shall occur at the end of the extended term. This Resolution adopted after motion, second and majority vote. 2 lr r' DATED: April 24, 2007 ATIEST: j;lWlGHi"1E.8ROCK, Clerk ..;,.> . ',,' ~@J(1 \t{Q0~l\c <:f t~es t !~.. to ChI t....... , ,lljMti,N. ",,1' Approved as to form and legal sufficiency: ~~C/*~ David C. Weigel County Attorney Agenda Item No. 91 .June 12, 2007 Page 6 of 30 80ARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~ JAMEte6L , amna 3 Item# ~ Agenda Ii r "J It1- Dale ~ ~~' 11 !?D!D 1- w' n,t \It GputyClerk .. ~ Aaenda Item No. 91 " .June 12.2007 Page 7 of 30 MEMORANDUM DATE: May 29, 2007 Elections Office ~ Sue Fi]son, Executive Manager ' Board of County Commissioners' " TO: FROM: RE: Voter Registration - Advisory Board Appointments The Board of County Comnrissioners 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. A]so, please list the commission district in which each applicant resides. FIRE REVIEW TASK FORCE COMMISSION DISTRICT Gary R. Beaumont 625 Myrtle Road Nap]es, FL 34104 cJ 3 J. Christopher Lombardo 6470 Hunters Road Naples, FL 34109 Bradley William Schiffer 520 Sugar Pine Lane Naples, FL 34]08 William Lawrence ScHeck ] 06 Muirfield Circle Naples, FL 34] 13 D( d( Jltl ; , Pamela J. Nickell 680 6th Street, S.E. . / Naples, FL 34] ] 7 I'J'~ ./- r NR William J. Varian 2]031" Street, N.W. Naples, FL 34120 5 ~ Dalas D. Disney 4745 Stratford Ct. #2303 Nap]es, FL 34]05 ---,r"- Agenda Item t~o. 91 .June 12,2007 Page 8 of 30 James E. Boughton 760 Clarendon Court Naples, FL 34109 ~ Thank you for your help. filson s ,Agenda Item No. 91 .June 12. 2007 Page 9 of 30 From: Sent: To: Subject: Barbara Kornek [BKornek@northnaplesfire.com] Tuesday, May 29, 20072:25 PM filson s Fwd: -advisory board application >>> Barbara Komek 5/29/2007 ]2:02 PM >>> Hi Sue! Hope you had a great weekend! I spoke to you last week about the application for J. Christopher Lombardo for the Fire Review Task Force Advisory Board and you were going to hold the application for me. Please DO NOT submit this application! The Fire Service Steering Committee will meet again next month and I am hopeful they will provide more input then. Thanks! Please confirm receipt of this email. Barbara Barbara Komek Office Manager North Naples Fire Control & Rescue ] 885 Veterans Park Drive Naples, Florida 34] 09 (239) 597-3222 ext. 302 bkomek@northnaplesfire.com >>> Barbara Komek 5/22/2007 ]0:35 AM >>> Hi Sue! J. Christopher Lombardo is a Commissioner for the North Naples Fire District. He submitted an online application for the Fire Review Task Force Advisory Board. The application was submitted too early, please either hold the application of throw it out. The Fire Service Steering Committee meets on Thursday evening and they will then make a recommendation to the BCC for application to this advisory board. Please confirm this. Thanks for your help with this! Barbara Komek Office Manager 1 T" r ' North Nap]es Fire Control & Rescue ] 885 Veterans Park Drive Naples, F]orida 34]09 (239) 597-3222 ext. 302 bkomek@northnaplesfire.com Agenda Item r,o. 91 .June 12, 2007 Page '10 of 30 2 MEMORANDUM Agenda Item t~o. 91 .June 12, 2007 Page 11 of 30 DATE: May 29, 2007 TO: Judy Puig, CDES Operations ~ Sue Fi]son, Executive Manager Board of County Commission v FROM: RE: Fire Review Task Force 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: Gary R. Beaumont 625 Myrtle Road Nap]es, FL 34104 J. Christopher Lombardo 6470 Hunters Road Nap]es, FL 34109 Brad]ey William Schiffer 520 Sugar Pine Lane Naples, FL 34108 William Lawrence Scheck ] 06 Muirfield Circle Naples, FL 34] 13 Pamela J. Nickell 680 6th Street, S.E. Naples, FL 34] 17 William J. Varian 2]03]" Street, N.W. Naples, FL 34]20 Dalas D. Disney 4745 Stratford Ct. #2303 Naples, FL 34105 James E. Boughton 760 Clarcndon COlli-t Nap]es, FL 34109 T '1" Agenda Item No. 91 .June 12. 2007 Page 12 of 30 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 4] 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 Advisory Board Application filson_s Page] 0[2 Agenda Item No.91 June 12,2007 Page 13 of 30 ---. ',... - ---....---..-----------,.-- ----.-----... -_.._-------_.,-~-_._-_._-~_..._-.- ----"._._---'----_.__._~------_.~_._-_._----"._- From: GARYBEAUMONT@EARTHLlNK.NET 6t: Friday, May 25,20074:16 PM ~: 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: 5/25/20074:15:37 PM. Name: IoARY R. BEAUMON'Ii Home Phone: 123951477551 Home Address: 1625 MYRTLE RD.I City: /NAPLEs! Zip Code: 134]041 Phone Numbers Fax: 1239643 ]2621 Business: ~3925344341 . e-Mail Address:/GARYBEAUMONT(a)EARTHLINK.NE.Ii Work Place: !BEAUMONT ELECTRiC CO. INC.I How lon~ have you lived in Collier County: !more than ] 51 Have you ever been convicted of any offense a~ainst the law? ~ Are you a registered voter in CoUier County? ~ Board I Committee Applied for: !FIRE REVIEW T ASKj Category: /Not indicated) Do you currently hold public offfice? ~ !COLLIER COUNTY LICENSING BOARDI Do you currently or ever served on a CoUier County Board or . Please list your community activities: I ~ Education: !HIGH SCHOOL DIPLOMA] 1/2 YEARS COLLEGE! 5/29/2007 -1'''- Advisory Board Application !HIGH SCHOOL DIPLOMA 1 1/2 YEARS COLLEGE! Page 2 of2 .Agenda Item t~o. 91 clune 12, 2007 Page 14 of 30 Ex erience: WNER AND PRESIDENT OF BEAUMONT ELECTRIC AND FCl -4 OMES .., .. 5/29/2007 Advisory Board Application filson_s Page] of2 Agenda item No. 91 .June 12, 2007 Page 15 of 30 From: jclombardo@wpl-Iegal.com Friday, May 18, 20074:09 PM ftlson_s ,t: 0: Subject: New On.line Advisory Board Application Submitted Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Nap]es, FL 34112 (239)774-8999 Application was received on: 5/18/20074:08:54 PM. Name: ~. Christopher Lombardo! Home Phone: ~39-59] -13801 Home Address: ~470 Hunters Roadj City: iNaplesl Zip Code: 1341091 Phone Numbers Fax: 1239-649-734~ Business: 1239-649-65551 . e-Mail Address: nc1ombardoia)wpl-legal.comj Work Place: !woodward, Pires & Lombardo, P.A.[ How lonl: have you lived in Collier County: !more than 151 Have you ever been convicted of any offense al:ainst the law? ~ Are you a registered voter in Collier County? ~ Board I Committee Applied for: !Fire Review Task Force Boardl Catel:ory: Not indicate~ Do you currently hold public offfice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ . Please list your community activities: !chairman, North Naples Fire Cointrol Rescue District Scoutmaster, BSA Troop 200] Advisor, !venture Crew 200] Former Governor, Florida Bar Board of Govenors Education: 5/18/2007 .,. Advisory Board Application IucF ] 980 FSU ] 983 College ofLa~ Page 2 of2 Agenda Ilem No. 91 .June 12. 2007 Page 16 of 30 Experience: .- I .. , " 5/18/2007 Agenda Item r,o. 91 .June 12, 2007 Page 17 Df 30 . brad schiffer/T AXIS, inc. Architects and Planners AA COOO600 520 Sugar Pine Lane Naples, Florida 34108 239.254.0285 May 17, 2007 Please accept the attached application and vita as a request to be considered for appointment to serve as a member of Fire Review Task Force. As a member, and chair, of the Florida Fire Code Advisory Council and a member of the Florida Building Commission Fire Technical Advisory Committee I have an understanding of both codes and their overlap. . Feel free to call with any questions. Brad Schiffer A]A . r ! ' .. , .. Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 91 .June 12, 2007 Page 18 of 30 . Application for Advisory Committees/Boards Name: Bradley William Schiffer AlA Home Phone: 239.254.0285 Home Address: 520 Sugar Pine Lane, Naples Florida Zip Code: 34108 Fax No. 239.254.0417 Business Phone: 239.254.0285 e-mail address: brad@TAXIS-usa.com Place of Employment: brad schiffer I Taxis inc. Board or Committee Applied for: FIRE REVIEW TASK FORCE Category (if applicable): Architect How long have you lived in Collier County: Years 6 Months 7 Are you a registered voter in Collier County: Yes Do you currently hold public office? No If so, what is that office? NA Have you ever been convicted of any offense against the Law? No J(yes. explain: NA Do you now serve, or have you ever served, on a Collier County board or committee? Yes If yes, please list the committees/boards: Planning Commission Board of Building Adjustments and Appeals Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: see attached vita Education: Bachelor of Architecture from The Ohio State University Experience: see attached vita P!eas~ altllCh any additio"cl information you fed pertin.ent This application should beforwarded to Sue FiJsGii, Exec.five Manager to the Botlrd of County Commissioners, 3301 Em TamiamJ Trail, Naples, FL 34112. If you wish, please fax your applicutWn to (239)774-3602 or e~maiJ /i) ,mf'filwmo;cnflif'T!!Ol'.fll!l. Thank you/or volunteering to serve the citizens ofCo/lier County. . . . BRADLEY W. SCHIFFER brad schifferrrAXIS. Inc. Architecture & Planning 520 Sugar Pine Lane Naples, Florida 34106 239.254.0285 Registrations: Registered Arch~ect in Florida, #AR-0007134, 1976-Present Professional Occupation: brad schifferfT AXIS Inc. FL#AA-COOO600 1978-Present Academic Qualifications: Ohio State University, Bachelor of ArcMecture, 1972 Academic Appointments: Adjunel Professor, Miami-Dade College, 1988-2001 Advanced Computer~Aided Design and Modeling Environmental Technology Professional Associations: American I nslitute of Archijeels Intemational Code Council (ICC) National Fire Protection Association (NFPA), 1985-Present Member of the Technical Committee of Building Construction Member of the Technical Committee of Fire Safety Symbols- Chainnan Florida Fire Marshals & Inspeelors Association Florida Association of Fire and Life Safety Educators Member of National CADD Standard Project Committee Nationallnstrtute of Building Sciences (NrSB), 1999-Present Foundation for Modem Arch~ecture, Inc., 1992-Present Member of the Board of Directors Civic Associations: Collier County Planning Commission, 2003-Present Florida Building Commission Fire Technical Advisory Committee, 2005-Present Florida Fire Code Advisory Council, Chairman, 20Q4-Present Collier County Building Board of Adjustments and Appeals, Chairman, 2oo1-Present Collier County Ardlitectural Standards Review Committee Concept House, Inc., a residential substance abuse facility Member of the Board of Directors 1978-2000: President, 1996-2000 Professional Competitions: Honorable Mention, "Brickell Avenue Bridge Competition,n 1990 Coordinating Architects with Principal Architect KenzoTange,"Dade County Administration Building," July 1978 Honorable MentIDn, "Biscayne VVest Competition,n Paul Rudolph and Harry Weese, Judges, 1975 First Prize, "Architecture 1980 Competition," R. Buckminster-Fuller, Judge, 1972 ,t,genda It~m r'-lo. 91 June 12, 2007 Page 19 of 30 <..'~''''-'' filson_s Page] of2 Agenda Item 1-<0. 91 .June 12, 2007 Page 20 of 30 Advisory Board App]ication ."'rom: bschreck@webild.com Thursday, May 17, 2007 4:06 PM filson_s Subject: New On-line Advisory Board Application Submitted .,t: Advisory Board Application Form Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 (239)774-8999 Application was received on: 5/17/2007 4:05:32 PM. Name: IWILLIAM LAWRENCE SCHECK! Home Phone: ~39-793 50]~ Home Address: 1106 MUIRFIELD CIRCLE! City: !NAPLESI Zip Code: IiIill Phone Numbers Fax: ~39-732-676~ Business: ~39-732-66691 -~ e-Mail Address:jbschreck(ciJwebild.coml Work Place: [The Henning Group Lcj How long have you lived in Collicr County: !more than] 51 Have you ever been convicted of any offense against the law? ~ Are you a registered voter in Collier County? ~ Board I Committee Applied for: [Fire Review task forcel Category: ~epresenting CBIA.I Do you currently hold public offfice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ ~ Please list our communi activities: AST PRESIDENT CBIA. YMCA SWIM TEAM BOARD OF DIRECTORS MEMBER OT ARY REFEREE OPTIMIST YOUTH SOCCER Education: 51] 7/2007 Advisory Board Application Page 2 of 2 !J ~'o"~a item r'.)o. 91 ACHELOR OF SCIENCE OF CIVL ENGINEERING CASE INSTITUTE OF ~ J.tne 12. 2007 ECHNOLOGY ] 960 GENERAL CONTRACTORS LICENSE CGC 033033 SINCE] 985 age 21 of 30 Ex erience: . 0 YEARS CONSTRUCTION BUINESS CLEVELAND OHIO AND NAPLES F . . 5/1 7/2007 .<.. 'T""~'~-"'-'" ,.., ." filson_s Page 1 of2 ,Agenda Item No. 91 .June 12, 2007 Page 22 of 30 Advisory Board Application - --_.,-~--"--'-'_."--~'._---- ^ ---.~--_.._._-_._~._-,---,._-,------_._--_._~--_._------,..---.-----.-.----------- 'fit: Pnickel\@webild.com Thursday, May 17, 2007 3:33 PM filson_s C'-"'om: 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: 5/17/20073:32:45 PM. Name: !pamela J. Nickelll Home Phone: 1239 353-20131 Home Address: 1680 6th St S~ City: iNap]esl Zip Code: ~ Phone Numbers Fax: 1239 732-676~ Business: ~39 732-666~ ) e-Mail Address: !pnickell(a)webild.comj Work Place: !The Henning Group! How long have you lived in Collier County: jrnore than] 51 Have you ever been convicted of any offense a~ainst the law? ~ Are you a registered voter in Collier County? Iy e~ Board I Committee Applied for: \Fire Review Task Forc~ Category: iNot indicate~ Do you currently hold public offfice? ~ Do you currently or ever served on a Collier County Board or Committee? ~ -1 Education: trraining in all areas of Victim Advocate Work including 24 Hour Crisis Hotline Management 51] 7/2007 Advisory Board Application jEducati'i;g Public on Crisis Intervention Administrative Functions Page 2 of2 ~!\genci~ Item 1"0. 91 .I me 12, 2007 PaJe 23 of 30 . Experience: I . . 5/17/2007 ._, '-~'-----"""- ,,~- filson_s Page] of2 Aaenda Item No. 91 " ,Iune 12,2007 Page 24 of 30 Advisory Board Application ...o;:rom: wjv1992@aol.com ~t: Saturday, May 12,20076:06 AM "'If'r: 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: 5/12/2007 6:06:26 AM. Name: IWilIiam J. Varian, CGR CAPsl Home Phone: ~39 352 73921 Home Address: ~] 0 3] st St Nwj City: /Naple~ Zip Code: 134]201 Phone Numbers Fax: ~39 732 08201 Business: ~39 28980131 .-.., e-Mail Address:lwiv1992(aJ.aol.coml Work Place: /WID. 1. Varian Construction Co., In~ How lon~ havc you lived in Collier County: Imore than ] 51 Have you ever been convicted of any offense a~ainst the law? ~ Are you a registered voter in Collier County? IYe~ Board I Committee Applied for: !Fire Review Task Forcd Category: InSAC membe~ Do you currently hold public offfice? ~ IDSAC 2004-2005 DSAC- 2006 to present and 2007 Chairman Board of Adjustments and Appeals Do you currently or ever served on a Collier County Board or Committce? IYe~ -4 Please list our communi activities: BIA past president Saint Elizabeth Seton School Board- member Florida Home Builders- Director ational Assocaition of Home Builders- Director Education: 5/14/2007 Advisory Board Application Education: !College Graduate, Certified General and Roofing Contractor,1 Page 2 of2 ~,genda Item No. 91 .June 12, 2007 Page 25 of 30 . . . 5/14/2007 .. ""......"..11"..." . Board of County Commissioners 33(H East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774.3602 Agenda Item No. 91 June 12,2007 Page 26 of 30 .. Application for Advisory CommitteeslBoards Name: DaIas D. Disney Home Address: 4745 Stratford Ct. #2303. NaDles Home Pbone: 239-455- 2384 Zip Code: 34105 Fax No. 239-596-2874 Business Pbone: 239-596-2872 e-mail address:daIas@disneyarcbitect.net Place of Employment: Disney & Associates. P .A. Board or Committee Applied for: Fire ReYiew Task Force Category (if applicable): DeyelODmentaI Services AdYisory Committee Member Example: Commission District,. Developer, euviroomentalist, lay person,. etc. How long baye you Iiyed in Collier County: Years 18 Months Are you a registered voter in Collier County: Yes X No Do you currently bold public office? Yes H so, what is that office? ) Have you ever been convicted of any offense against the Law? If yes, explain: No X Yes No x 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: Current member of tbe Develonment Services Advisorv Committee. Nominated as Member Renresentative (Chairman 2000l Please list your community actiYities (ciYic clubs, neighborhood associations, etc. and positions beld:_ American Institute of Arcbitects Education: See CV Experience: See CV .. Pkas~ attach any additional info17lUltion you feel pertinf!llL This application slwllld be ftJl"tll1lU'dU tQ Sue Filsotl, Executive MdNlger to au Board of County Commissioners, 3301 East Tamkuni TnUl, Naples, FL 34112. If you wish, please fax your application to (239)774.3602 or ~-mail to sucfilsml@colli!'r1!(J\'.IIcl. Thank you/or volunteering to serv~ the citizens afCollier County. Agenda Item No. 91 .June 12, 2007 Page 27 of 30 . CURRICULUM VITAE DaJas D. Disney, AlA Disney & Associates, P.A. 1865 Veterans Park Drive, Suite 301 Naples, Florida 34]09 (239) 596.2872 PROFESSIONAL Registered Architect State of Colorado, 1983 State of Florida, ] 987 National Council of Architectural Registration Boards, 1987 Code Inspector Florida Department of Education, Uniform Building Code Inspector Certified Inspector, 1990, 1994 Professional Member American Institute of Architects, 1978 Florida Educational Facility Planners Association Current Member Development Services Advisory Committee (DSAC). Collier County. Appointed 1993 Fonner Member St. John Neumann Catholic High School, School Board, Naples, Florida EXPERIENCE April 1994 . 1993 to 1994 Disney & Associates, PA, Architects and Planners, Naples, Florida Latavish, Disney & Associates, P.A., Architects, Naples, Florida Principal 1988 to 1993 Interim Director, Office of FaciJities Planning and Construction, School Board Architect, and Project Manager, Collier County Public Schools, Naples, Florida 1986 to 1988 W. R. Frizzell Architects, Fort Myers, Florida Principal, Director of Construction Administration 1985 to 1986 The Mulhern Group. Denver, Colorddo Director of Construction Services and Project Manager 1984 to 1985 C. W. Fentress and Associates. Denver, Colorado Project Architect and Construction Administrator 1981 to ]983 The Luckman Partnership, Los Angeles and Denver Project Captain 1978 to 1981 IDlCP Architects, ]nc., Maitland, Florida Project Captain 1973 to 1978 W. R. Frizzell Architects, !--,)Jt Myers, Florida Job Captain and Architectural Draftsman . <-'~"-T' . ...., Agenda Item No. 91 .June 12, 2007 Page 28 of 30 CURRICULUM VITAE Dalas D. Disney, AlA continued AWARDS 1985 Broadview Animal Clinic. Aurora. Colorct.do Veterinary Economics Merit Design Award 1986 One DTC, Dever. Colorado Western Region/AIA Merit Design Award and Pacific Coast Builders Conference Gold Nugget Award, Best Commercial Building 2006 Sand Dollar Award, CHIA, Commercial Clean-up Best Commercial Building EDUCATION Continuing Education Edison Community College, Fort Myers, Horida Community College of Denver, Denver, Colorado Certificate Fort MyerslLee County VocationallTechnical School, 1970 Architectural and General Drufting ~ OUALIFICATIONS Mr. Disney earned his professional Architectuml License through direct experience, motivation. intensive study. and extensive state board examination. His extraordinarily extensive and varied background in all aspects of project management, contract documents. specifications. and construction administration, includes work on major projects ranging from offices and banks to correctional institutions and recreational projects. Recently his specialization has been in educational facilities. Highlights of his work experience include the following projects: ST. PETER THE APOSTLE ROMAN CATHOUC CHURCH Master plan, programming, site planning and Architect of Record for u new, permanent church in Naples, Horida. The innovutive design has been recommended by the Building Commission in Venice to serve as u 'prototype' and example of preferred site design for future work in the Diocese of Venice in Florida. ORANGE COUNTY CONVENTION CENTER Involvement in all aspects of major convention center project from end of design development pha<re through construction documents and into construction phases. WALT DISNEY WORlD. EPCOT CENTER PAVllJONS Team member involvement in three high-visibility entertainment pavilions ut Walt Disney World, Horida; the American Adventure Puvilion for World Showcase, and the Land und the lmuginution Pavilions for Future World. Working with u Muitland, Horida firm for the first und with a Los Angeles firm on the laner two, responsibilities included coordinution, research. and technical documentation for the three show piece pavilions at the EPCOT complex. Aaenda Item No. 91 " June 12. 2007 Page 29 of 30 . CURRICULUM VITAE Dalas D. Disney, AIA continued EXHIBITIONS Architecture as Art, Lee County Alliance of the Ans, 1988, One DTC Office Building RELATED PROFESSIONAL ACTIVITIES Member, Professional Regulation Committee, Florida Southwest Chapter, American Institute of Architects Member, Contractors Examining Board - 1992 City of Naples, Florida, Member, Development Services Advisory Committee - 1994 Collier County, Florida (Vice Chair 1999/ Chairman 2000) American Institute of Architects - Florida Southwest Chapter - Treasurer - 1995 Naples/Fl Myers, Florida CONTINUING EDUCATION >- . >- >- >- >- .. >- );;. >- >- >- );. >- >- .. >- >- >- )> >- . Public Construction in the Southeast: Preventing Problem'i and Resolving Disputes. National Construction Law Center, Inc., Atlanta, Georgia, 1993 Wind Resistance in Low Rise Construction, Florida Department of Educational Facilities, Boca Raton, Florida, 1993 Energy Conscious Architecture, 1997 Indoor Environment 1997 Subsurface Conditions, 1998 Fire Safety in Buildings, ] 998 Wind Forces, 1999 Low Slope Roofing, 2001 Florida USe/Structural Technical Core Training, 2001 Professional Conduct - NCARB, 2003 PGT Wind-Borne Debris Protection, 2004 Fabric as Building Product, 2004 Principles of Waterproofing, Preventing Cladding System Failures. 2004 Cracking the Codes I - NCARB, 2005 Cracking the Codes II - NCARB, 2005 Crime Prevention Through Environmental Design (CPTED), 2005 Specifying Pews for Worship Facilities, 2005 2(Xl4 Florida Building Code Core Course - AlA, 2006 Designing for Hurricane Protection - AlA, 2006 Three Building Envelope Construction Methods - AlA, 2006 T r..... .4 "-' ~ Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (239) 774-8097 Fax: (239) 774-3602 Agenda Item No. 91 June 12. 2007 Page 30 0130 . pplication for Advisory Committees/Boards' Name: James E, Bou!!bton Home Pbone: 239-592-1787 Home Address:760 Clarendon Court Naples. Florida Zip Code: 34109 Fax No,239-596-7825 Business Phone: 239-596-7800 Email address:iirnUi:ihoue:htonarchitects.com Place of Employment: Bou!!bton Arcbitects. Ine. Board or Committee Applied for: Fire Review Task Force Category (if applicable): Arcbitect Example: Commission District, Developer. environmentalist, lay person, etc. How long bave you lived in ColIier County: Years~ Montbs Are you a registered voter in Collier County: Yes Do you currently bold publie office? No If so, what is that office? Have you ever been convicted of any offense against tbe Law? No If yes, explain: Do you now serve, or have you ever served, on a Collier County board or committee? Yes If yes, please list the committees/boards: City UrN.Dles Code Enforcement Board for 6 years and DSAC for one year. Please list your community activities (civic elubs, neighborhood associations, ete. and positions beld: NaDles North Rotarv Club. Moorinl!s Presbyterian Church. America Institute of Architects. and TEe Education: 1976 Bacbelor of Arcbitecture Kent State Universitv Experience: Jim Bou!!bton bas over 29 vears of experience in tbe desi2n profession and bas been a ree:istered arcbitect sinee 1980. The first ten vears of bis professional career was spent in Dallas. Texas wbere be served as project arcbitect and associate witb a national arcbitectural firm witb major empbasis on commercial and educational arcbitecture. In 1987. be relocated to Naples. Florida as a member of one of tbe lal'l!est arcbitectural firms in Collier Countv, Durin!! tbat neriod. be was responsible for the desi2n and mana!!ement of a wide ran!!e of projects ineludin!! elaborate residences. rmancial institutions. skilled nursin!! facilities and reliszious proiects. Please attach any additiolUll Uifonfflllion)'Oll fed pertinent. This app/ictItion slwald bt!forwarded to Site F"1bon. Execlttive MtuUIgU lO the Board of County Commissioners, 3301 East Tamiami Trail, Naples, FL 34112. If you wish, please ft!X your applicaticn to (239) 774-3602 or e-mail to.mefil.wn.ii.nlllil.r!!OI..Ill.LThankyoulorvolurrturingtoservethecitizensolO.//ier County. Page 1 of 1 A<::enc:lCl Item No, 'iJ - June 12, 2007 Page 1 of1 COLLIER COVI'iTV B()AF~[; OF COUNTY CO:M,'[SSIU~JFRS Item Number: ').1 Item Summary: ~):~; U$~"iu" !"',[i:J:"J:r,g ",cd:l:cr',:o" ~1..'lnl'lg ~:;r pe':;c:i 'Eo Ir",'..-0' >D !,,;:<~ ,;; ,,'~,' i,md \",,/,),;1": n'Jl',Jn 'c"gr,rJW[:t3ir" Q"",:WG':r1ua: 'wvr.;:,,:g'I(I'-'s i'~('!nrn!s";n:pr r <1'1' e:alc,\';) Meeting Date: C/L';'U;J- ''j('()( .M Prqlllretl By SlJe Fil"on E'()~"HV'" l\~an~9()r to' tbL E;CC DJle Beard (>fCounty E;::C Off;~e CommI5~jon"r5 Approved By JamesV_Mudd C~',mty r"an"\Jer C:me Board of County CommIssioners CCl"nly 1,1:1f)~lJe"'o Office 6141200710:20AM ~ .-. EXECt:TIVE SUMMARY Agenda Item ~~o. 0K June 12. 2007 PagB 1:lf 7 RECOMMENDATION THAT THE BOARD ESTABLISH THE PROCESS FOR THE SELECTION OF A COt:NTY ATTORNEY OBJECTIVE: To establish the process for the selection of a County Attorney. CONSIDERATIONS: The selection process for a County Attorney can be accomplished in a number of ways. What follows is a broad outline of three possible approaches: 1) Process to be handled by professional search firm hired by Board of County Commissioners. a) Using a professional search firm may take slightly longer as there must be a selection of the firm itself. To minimize delay, the Board may determine that it is in the best interests of the County to waive the Purchasing Policy requirements and direct the Purchasing Department, with any necessary assistance from the Human Resources Department, to go directly to several search firms with expertise in finding candidates for such positions. There will obviously be out-of-pocket cost if the Board retains a search firm. The fiml, however, would be familiar with the various publications in which such positions run; have information about the current market for such candidates; and would likely have access to potential candidates who may currently be employed, who might be a good fit and can encourage these individuals to consider the Collier County position. It would be expected that the breadth and quality of the pool of applicants may be better using a professional search finn. b) A professional search firm would, with Board direction, likely follow the same general steps as outlined below in (2) a through f. Of course, the search firm would also have to adhere to applicable Sunshine Law requircments. 2) Process to be handled by ad hoc advisOlY committee. a) The Board of County Commissioners could create an ad hoc advisory committee and direct the advisory committee to accept applications, rcvicw the applications to determine which applicants meet the minimum criteria of the job posting, interview a group of applicants and rank them in order of most qualified for the position, all of which will be performed in accordance with the Sunshine Law. Clearly, there will be some delay with this approach, especially in light of the pending summer break. However, this approach perhaps allows for broader community participation. b) The advisory committee would then provide the list to the Executive Manager to the Board of County Commissioncrs who will create an Executive Summary identifying the number of applications received and attaching a copy of each, as well as the list of recommended candidates produced by the advisory committee. c) The Board of County Commissioners would discuss the Executive Summary and findings and direct the Executive Manager to the Board of County Commissioners to contact the identified candidates to schedule and interview at a regularly scheduled Board meeting or a Special Board meeting. d) After interviews, the Board of County Commissioners would rank the applicants in the order in which they would like to negotiate a contract and will either negotiate as a Board or direct the Chaimlan to negotiate a contract. e) If the direction is given to the Chairman to negotiate, it will be necessary to do the negotiations in accordance with the Sunshine Law and the Chairman would then have to bring the contract back to the Board of County Commissioners for approval. f) If the Board negotiates in open session and sets terms in specific enough detail, they can Jirect the contract be prepared for the Chairman's signature without the document having to come before the Board of County Commissioners again. f\oenda item r~o. SK ~ c;une 12, 2C107 Pof:i8 2 of 7 3) Process to be handled by Board of County Commissioners. a) The Board of County Commissioners could direct the County Manager through the Human Resources Department to determine a timeframe within which applications will be accepted and establish criteria for the position; advertise the position in appropriate publications; accept applications and provide copies of each to each Board member; and complete reference checks, including but not limited to The Florida Bar and other Bars of which the applicant is a member. b) Each Board member would review the applications received and make a list of applicants they would like to see interviewed and provide that list to the Executive Manager to the Board of County Commissioners. The Executive Manager could then create an Executive Summary identifying the number of applications received and attaching a copy of each Board member's list identifying nan1es of applicants they would like to see interviewed along with a copy of the applications. c) At a regularly scheduled Board meeting or a Special Board meeting, the Board of County Commissioners could discuss which applicants to interview and direct the Executive Manager to the Board of County Commissioners to set interviews at a regularly scheduled Board meeting or a Special Board meeting. d) Steps d, e and f are the same here as set forth above in (2)d, e and f. It is also suggested that the Board go through a process of establishing the skills and characteristics that are being sought regardless of how the searchlhiring process is conducted. This will help focus the search to the right short list of candidates for ultimate interviews, irrespective of whether a search firm, a committee or the Board handles the selection process. A copy of a current job description is attached and this could be updated and enhanced at the Board's direction. LEGAL CONSIDERATIONS: The Sunshine Law requirements will make most of the selection and hiring process subject to open meetings. "Meetings of a public board or commission at which personnel matters are discussed are not excmpt from the provisions of s. 286.0 II, F.S" in the absence of a specific statutory exemption." Times Publishing Company v. Williams, 222 So, 2d 470 (Fla. 2d DCA 1969), disapproved in part on other grounds, Neu v. Miami Herald Publishing Company, 462 So. 2d 821 (Fla, 1985). As the court in that case recognized, personncl matters are not legally privileged or insulated from legislative control. In this regard, the Sunshine Law also plainly applies to advisory committees created by an agency to assist in the search and selection process and would likewise apply to a search firm, See Wood v, Marston, 442 So. 2d 934 (Fla. 1983), and IDS Properties, Inc. v, Town of Palm Beach, 279 So, 2d 353, 359 (Fla. 4[h DCA 1973), certified question answered sub nom., Town of Palm Beach v. Gradison, 296 So. 2d 473 (Fla. 1974).) GROWTH MANAGEME],>;T IMPACT: Executive Summary, There is no growth management impact associated with this FISCAL IMP ACT: The cost of the search depends on the approach selected, In the case of a professional search firm, the out-of-pocket cost will obviously be greater and will vary depending on the time expended searching, and method ofpay1TIent to the search firm (for example, a commission basis or exclusive basis for a fixed fee). Standard advertising costs will also apply when advertising the position in the early stages of the process, and will also vary depending on number of publications, type of publications and time the ad runs. RECOMMENDA TlON: County Attorney, That the Board of County Commissioners establish the process for selecting a Prepared by: Michael W. Pettit, Chief Assistant County Attomey 04.I3CC-Ol199/690 2 Page J of] Ii 8m '-'Ie. ;lK COLLIER COUNTY 80A!:D OF COUNTY COMMISSIONt:PS Item Number; Item Summary: 'f< F:< ;;0r11i'<l<<ndat'Qr- tnm \hE 8(J8i';t cs;:JtJI ,;~i tne pIT)cn", for :11[, ~;f'i"cL01' :)i a C:oc;nty ':;!1oriley if: )r,'I",,~;;oner ,ldlTleS (:ol"ttai Meeting Date: E.;i~:'i2~'f.r,' 8 JOue, /\M Prepared By Suer,lson E~(!(;u~ive M"na,,~, to ~~H; BCe D~te Bo~rd or County ECCOf/lce Commi>>s;oners Approve-d By jamesV.Mudd Coullty ".'~n~ger PH., 8c,,;.-001 County CQmm;$SiOf1Drs CDtJllty ~~anager's Office (;i!i/2o(l7 :1:27 11M .I~oenC~:3 :iem No. 9K ,)J~ie 12, 2C!!J7 ?af}e 4- of 7 COUl'ITY ATTORNEY PURPOSE OF CLASSIFICATION To plan, direct and review the activities and operations of the Office of the County Attorney; to act as legal advisor and counsel for the Board of County Commissioners, advisory boards and committees, County Manager and his agencies; to represent the County in litigation; to coordinate activities with other divisions and departments; and to provide professional, effective and efficient public service assistance to the general public. 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 may be required or assigned. Develop, plan, Implement and administer office goals and objectives as well as policies and procedures necessary to provide assigned legal services. Approve new or modified programs, systems, policies and procedures. Direct, oversee and participate in the development of the office's work plan; assign work activities, projects and programs; monitor work flow; review and evaluate work products, methods and procedures. Coordinate office activities with those of other divisions and departments, and outside agencies and organizations; provide staff assistance to the Board of County Commissioners and County Manager; prepare and present staff reports and other necessary cDrrespondence. Render legal opiniDns to the BDard Df CDunty Commissioners, advisory boards and committees, County Manager and division heads as required. Analyze legislatiDn affecting the CDunty. Review propDsed cDntracts, bond and financing papers, insurance pDlicles and other documents affecting the County. Monitor and contrDlliability claims and lawsuits. Attend meetings of the Board Df CDunty CDmmissioners and other CDunty boards and committees as may be required, and render legal advice Dn agenda items. Prepare Dr review drafts and assist in the negDtiation Df prDpDsed agreements; prepare or review ordinances, resolutions, deeds, pleadings, contracts and other legal documents. Appear before CDurts and administrative prDceedings to represent the County's interest as required. Prosecute for civil remedies tD enforce County ordinances, abate public nuisances, reCDver for damages to County property, condemn property for public purpose and other matters. Direct the develDpment and administration Df the Dffice's budget; direct the fDrecast of funds needed for staffing, equipment, materials and supplies; monilor and approve expenditures; make mid-year corrections. , . Agenda Item No. 9K June 12, 2007 Page 5 of 7 Select, train, motivate and evaluate personnel; provide or coordinate staff training; work with employees to correct deficiencies; implement discipline and termination procedures. Participate on a variety of boards and commissions; attend and participate in professional groups and committees. Respond to and resolve difficult and sensitive citizen inquiries and complaints. Communicate effectively, both orally and in writing. Organize, interpret, and apply legal principles and knowledge of complex legal problems; effectively apply legal knowledge and principles in court. Present statements of law, fact and argument clearly and logically. Prepare and present difficult cases in court. Conduct research on complex legal problems and prepare sound legal opinions. Properly interpret and make decisions in accordance with laws, regulations, and policies. Select, supervise, train, and evaluate professional and support staff. Develop and administer a budget. Maintain effective working relationship with the general public, staff, committee members, and public officials. Assist those contacted in the course of duty in an effective, efficient and professional manner. Perform related duties as assigned. Knowledge of: Modern and highly complex principles and practices of public law. Methods of public agency administration. Principles of personnel administration, supervision, and training. Organization, duties, powers, limitations, and authority of County government and the County Attorney's office. Legal principles and practices, including civil, criminal, constitutional, and adrninlstratlve law and procedures. Ordinances, statutes, and court decisions relating to public corporations. Judicial procedures and rules of evidence. Methods of legal research at State and Federal levels. Established precedents and sources of legal reference applicable to county activities, Assist those contacted in the course of work in an effective, efficient and professional manner. !tem No. 9K J~Jne 12. 2::107 ?CJ]eoof7 ADDITIONAL FUNCTIONS Perform related duties as assigned. MINIMUM QUALlFIECATIONS Any combination of experience and training that would likely provide the required knowledge and abilities is qualifying. A typical way to obtain the knowledge and abilities would be: Experience: Ten years of responsible professional legal experience, preferably including trial experience; or five years of increasingly responsible professional legal experience in county or other governmental law. Experience preferred in governmental litigation at federal as well as state level. Trainina: A Juris Doctorate from an accredited law school. License or Certificate Membership in the State Bar of Florida required. Membership to, or the ability to, within a reasonable period time, become a member of, the Middle Federal District of Florida. PERFORMANCE APTITUDES Data Utilization: Requires the ability to synthesize and integrate data for predicting, anticipating, and planning for future events irnpacting the organization. Includes determining strategic and tactical decisions at the highest organizational levels of authority and responsibility. Requires the ability to analyze a wide variety of legal issues and provide thoroughly researched clear, concise responses utilizing appropriate, acceptable legal principles and practices, including civil, constitutional, and administrative law and procedures. Human Interaction: Requires the ability to function in an attorney / counselor capacity for a major organizational unit requiring significant internal and external interaction. Eouioment. 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 legal, consulting and advisory data and information, as well as reference, descriptive and/or design data and information as applicable. Mathematical Aotitude: 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 formulas, and basic geometric principles and calculations. Functional Reasonino: Requires the ability to apply principles of legal, logical or scientific thinking to implement both intellectual and practical relationships. Involves responsibility for consideration and analysis of complex legal and organizational problems of major functions. . Agenda Item No. 9K June 12. 2007 Page 7 of 7 Situational ReasoninQ: Requires the ability to exercise judgment, decisiveness and creativity in critical andlor unexpected situations Involving moderate risk to the organization. Leadership: Customer Service: Financial Accountabilitv: ADA COMPLIANCE Phvsical Abilitv: Tasks require the ability to exert light physical effort in sedentary to light work, but which may involve some lifting, carrying, pushing andlor 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 visuai cues or signals. Some tasks require the ability to communicate oraiiy. Environmental Factors: Essential functions are regularly performed without exposure to adverse environmental conditions. Collier County is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the County will provide reasonable accommodations to qualified individuals with disabilities and encourages both prospective and current employees to discuss potential accommodations with the employer. EXECUTIVE SUMMARY Agenda Item No. 9L June 12, 2007 Page 1 of 11 APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTY COASTAL ADVISORY COMMITTEE OBJECTIVE: To confirm the appointment of a member representing the Naples City Council to serve a 4 year term, expiring on May 22,2011, to the Collier County Coastal Advisory Committee. CONSIDERATIONS: The Collier County Coastal Advisory Committee had I tenn expire on May 22, 2007. This 9 member committee was created by Ordinance 2001-03 to assist the Board of County Commissioners with its establishment of unified beach erosion control and inlet managemGnt programs within the unincorporated and incorporated areas of Collier County, and to advise the Board of County Commissioners and the Tourist Development Council (TDC) of project priorities with respect to funding sources that are available to Collier County for restoration and protection of its shoreline. The committee is composed of 3 members from the unincorporated area of Collier County, 3 members [rom the City of Naples and 3 members from the City o[Marco Island. Selection for membership on this committee will be based upon the applicant's familiarity with coastal processes, inlet dynamics, coastal management programs, or demonstrated interest in such programs; relevant education and experience; leadership and involvement in community affairs; and willingness to attend meetings and to unde11ake and complete assignments. After initial appointments, terms will be 4 years. A list of the current membership is included in the backup. The term for Ronald M. Pennington expired on May 22, 2007. CITY OF NAPLES: David Buser FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDA TION: That the Board o[ County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: JUNE 12, 2007 ""- Page 1 of t;)8ndiJ Il~ml JI~'18 ; 2. ~-':1;J(', ;, COLLIER COLNTY BOAf~D OF CQUIHY COMMISSI(nlt3~S Item Number: Item Summary; Meeting Dale: ::L PP'JIn 'nnrl~ oj 111"1111,8' 1.<:: th~ Cell,"1 County Co,',st"f ,\(ivl,;nry CGrr );\,tlee t'ue DC: '\[;1 Prepared R~' SU(! Fit~on EX()(;lltiVC" 1::J"~9"" 1C ti1~ Bce DJ!e BDard 01 County Commlss,oners 8CCOff,ce Approved Uy JJrn()sV. Mudd COU:1t} f:a"~g()r D~,(? Bo,lrdofCounty Commissioners COUllty M"nag"r'~ Ofnco &/<;/20074,09"M eG/eG/2ee7 e9:31 2392131 e25 CITY CLERK PAGE e1 !-\jsnda 112lTl No. 9L ,iuneI2.2D07 Pa;J8 3:)f 11 OFFICE OF CITY CLERK June 6, 2007 TRANSMITTED VIA FAX Sue Filson, Executive Manager to Bee Board of Collier County Commissioners 3301 East Tamiami Trail Naples, FL 34112-4971 Dear Sue: Attached is a copy of Resolution 07-11644 endon;ing the appointment of David Buser as the City's representative on the Collier County Coastal Advisory Committee, It was enacted at today's Clty Council meeting. I will send you a signed copy when it is available. I have also included his reswne and application as indicated in the resolution. Sincerely, QA~~ fes:~- ~. -Rosenberg Deputy City Clerk FACSIMIL,E (Z~Ii) Z13-10ZS TELEPHONE (239) 213-1alS SlJNCOM7t7.101S 736 ElBHT'H SffiEET, SOUTH. NAPLES, FlORIDA 34102.8716 Visit u.s 011 the ~b at www.fl;:;lfJlc$80v.com , I' 85/85/2887 8S:31 2392131825 C ITV CLERK PAGE 82 Agenda Item No. 9L June 12, 2007 Page 4 of 11 "van"e Xlo... 26 X.eloing of 6/6/07 RSSO~VTIOW 07-~~6.. &. lU!lSOLtIT:rOIl ZIlIlORSXIIG A CAIIXlXDATB TO UPRIISIIN'1' T1III CXTY 01' NAPLB8 011 TH8 COI.L:EBR COVJ1'rY COAS'l'AL ADv:rooaY COIOIXT'1'BB, DXRIICTu.Q 'rIrAT Tml APPLXCATION/JtBSIJ1d SlJIIID:T'1'J:1l BY SAID CAJlDXDATB B. 70RlIAIUlBD 0'0 'l'mI BQAJU) 07 COLLXBa COURTY COMNXBSX~R8, &SD PBOV1DXBG AM Br7KCTIVB DA~. WKlUur:AS, the four year term of Ron representative on the Collier expire~ on May 22. 2007; and pennington as a City of Napleo County coastal Advisory Committee 'NDllaa.s, pursuant to Section 2 -402 of the Code: Naples haa conducted a recruitment ascertain qualified candidateGi of Ordinances, and interview the Ci ty of process to "OW, TK&UroRII. 118 IT IUIS0LVJ:D BY TUB COtlJICXL or THB CITY or IU.PLBS. PLORIO&., Section 1. That David Buser i~ hereby endorsed for appoinement as a City of Naple-s representative on the Collier County COAstal Advisory Committee. S.c::t:iOD 2. The Ci t.y Clerk is along with the candidaee. to the consideration. hereby directed to forward this resolut.ion, application/r~sum6 of the above referenced Board of Collier County commissioners for its S.ctiOA 3. This reuolut1on shall take effec~ immediately upon adoption. PASSBD X~ OP" AHD RBGOLAR S.SSXO. or TUB CXTY COu.cIL or TUB C:tTY or HAPLBS. PLOR IDA , TBXS 6'r11 CAY OP JtIJlII, ~007. Bill Barnett, Mayor Attest ~ Approved as to form and le9ali~y: Robert D. Pritt. City Attorney Tara A. Norman. City Clerk .:\RZ'\~IL\REB\a007\07-116.. Date filed with City Clerk, 06/06/2007 0g:31 23g2131025 CITY CLERK PAGE 03 [},"1on:-l.,~. ~ I.Jom NO... .ClL RECEhfcED2l07 Paqe 5 of 11 APR - t' 2007 ~ ~ Name City .r N.,... Application for Volunteer Service a~/ .I/q~,,- HomePhone :?.J9'-..Jhf-fP$ =-:"';;;;1j;:t~.vAte F~;:;~~:7;~.r /P7,4 Business Phooa #"$ CI'T"Y ..... N...PI.... CITY CL811lK BWlincss BusiulIIl Address /rt# Board or Committee Applied For L Member CateSOJ")' (ihpplic;able) What other volunl.eer poaidolla are you inlcrcstod in? Collier County Coastal Advisory Committee d . Are you a City resident? J't!!./ lrso, how long? / ~ Regifl.ered vocer? /8_ f Do you now hold public o~ce? ~ If so, whet i.lhal of'liOe7 ~/A Arc you employed by the: City of NaplCl or any 0Ihcr 10",,_4001 body? /?~ Are you related to anycme employed by the City oCNaples? AL:1 Please list IUlY C~~les boards or committees on whic:h you "'WI nrevioualy llCl:Ved: Please UwIicalc any City of Naples board or committee on which you eunently aervc: /JbA"- Do you .ervc on a board or commiftlcc of Collier CoUllI)' or other sovcrnment? /} d If so, what is that board or~? Please list yw ~ty aetivitics (civic Ql~ acillhborhood ~lItIOIlll' etc, ) /"~J r s'~~ I. ~--~ur'OI rn~ ... c7: 1'1_ _elt YfJI" ,a_ 11II" ,..vIM._ ._ .... ..,.., D,/ . local _.",. ....... COUI CMI.fin- ~"'" #HIckll"""" .- ~", n" ~ Silt HI/II Hf-.n'" It> /lilt Cl90 Cltull', ()ffict, 7JJ Eitlltll .fIN<< Solllh. /lIIIPIes. ,..__". J410U.,.," If,volI ..1$". ,-/u~' .,Ur~'" N> ",_ .lMtrIM "1'''' C'1q CJ.ri III ZJf.ZIJ.lfJZ5. Q.-. ,lIfN1111 ,., "IIt.,,,, 'n ZJ'-ZI1-I'/J. n...k 1011/'" loti' ...U,-.-.. ,... 01"'""" '" ,_, <_II/q. PIoooIe NoI., l\GIe "PlNd.d w City boonIs, oummiu..'C. at ...1IlorI1lo. /IUIY ""t r._ otItitic. t>elOrc Cily SO_I ~. 0' may aot do ~. with tho ell)', either direetJy or iDdlIeetIy. A copy 01' tho CWy'. Code of Elhi.. (Article IX of .. Code of 0rtIIn.0IIce.) win be prcMded by tile City Clerk-. OIl'ice lll>OlI requosL 1'..... ""n 239-2U-IOI~, =.~""""""_""""ieao<.w;dt:__~ Ai,..~::Z' ~. ~.. 6-:J.rr M:IIU'.I'IIlOAAOS~,..IlEVlSED_.POC Id wtlD::: :Le 900Z 81 'L'p[ 'eN Xl;cl ~.:1 -'""'~T' 05/05/2007 0~:31 23~2131025 CITY CLERK PAGE 04 Agenda ltem No. 9L June 12. 2007 Page 6 of 11 Curriculum Vitae David BUler, MDt MSt F.A.C.O.G. December, 2006 Washington Univenity St. LoWs, Missouri Baehelors of Science 1985 Double Major Biology & PsycbolOlY University orIDinoit Champaign Urbanamnois. Mastcn of Science, Jan. 1988 Research: Performanco of receptor bindina assays analyzing effects of cocaine on dopamine re-uptake in Vemral Tegmental and Nuc:leua Accumbcns. Research wu p8l't of a large project published by White et aI., analyzing etTecta of cocaine on neural reward pathways. Southern Illinois UDiversity, Sprlncfteld Olinols, Doctor of Medicine, 1992 St. Jobn. Mercy Medical Center, St. Louis Missouri, Residency in Obstetrics and Gynecology, 1996 Publication: A Randomized Comparison Between Misoprostil and Dinoprostone for Cervical Ripening and Labor Induction in PatWnts With Unfavorable Cervices. Buser, MD, Mora, MD. Arieu, MD, PhD. Obstetrics and Gynecology Vol. 89, No,.t. April, 1997, Private Practice Obstetrics and Gynecology, Napl. Florida, 1996-2002. Practice focused on Obstetrics and Oynecolo&ic aurgcry, with an emphasis on advanced procedures for the tteatmcnt ofurirwy incontinence. Prior to injury, performed between 3().4() deliveries a month. In the top 20 overall surgeons for numbers of cases at Naples Community H08pital. Zd ~(:Le 9ee~ ef 'urr '~l>.'\:I,j :.~" BS/BS/2BB7 B9:31 2392131e25 C!TV CLERK PAGE e5 118m No. 9L JJn8 12. 20CJ7 P?Jge 7 uf i 1 Covered own call with one partner. Current Unrestric:ted Florida LieeDSe ,lace 1'" Board Certified Ameriean Board Obstetrics aad Gynecology, certifted 1998-1008 Written exam passed 1996, first attempt. Oral exam passed 1998, first lIltempt. Junior Fellow American College Obl'etl'iel .ad Gynecology 1996. Fellow American College Obstetrics and Gynecology, 1998- present. Medical Staff Naples Community HOlpitall996-200J Vice Chairman, Department ofObttetries and Gyneeolo8Y 2001-2001. President and Co-Counder, FoundatioD for WOlDen. Healtb 2000-1001 Private foundation established to provide free care to low income patients without insurance for pr:enatal care and delivery services. Organized a group ofloca1 ObIltet.ricians to provide care for the large population of uninsured obstetric patients in Collier County. Personally funded the staI1Up of the Foundation to entice other physicians to participate. Opened Foundation for Women's HealthcMe clinics at the public health d~twC!lt in Naples and at the hospital clinic in the inland community of hnmokalee. The: Foundation for Women's Health has provided care to tbol.ll8tlds of obstetrics patients since ill inception, and now is actually financially.upporting the priVIt.e practices oftbole ph)'Sicians participating in the program. [d Wt:1t7SZ :,-e gee~ 81 'uPf .~ Xtl.;j : WO<l.:l T r-' 00/00/2007 09:31 2392131025 CITY CLERK PAGE 06 Agenda Item No. 9L June 12, 2007 Page 8 of 11 Member, ADlerieaD Medical Association Member, Florida Medical Auoeiation Suffered aa:ident in 2002 which severed 100% ofVInar nerve and 70"/0 ofMeclim nerve riaht proximal forearm. After 2 years of extensive physical therapy, officlally classified II disabled from practice of Obstetrics ancl Gynecology. Despite injury, Florida License bas been matotained and is eurrently aetin. Medleal licente status and history o( DO dileiplinary .diODS takeD acainst my license can be verifted oaline at myflorida.com by searc:biDg medical professionals by Dame. I'd .Itl~ :L0 ~ at 'u"I 'ON >.1::1.. : wo~,! ;\;:.anda ItEm ~Jo. 9L .!Uil8 12 20(;7 P8J8 gaf 11 /"r I Collier County Coastal Advisory Committee Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndE>.pDate 2nd Term Mr. Anthony P. Pires, Jr. 649-6555 OS/22/01 OS/22/05 4 Years 209 Madison Drive 05/1 0/05 OS/22/09 4 Years Naples, FL 34110 E-Mail: apires@wpl-lega1.com District: 2 Category: Collier County Ms. Heidemarie Kulpa 777-2594 09/21104 OS/22/07 3 Years 766 Wiggins Bay Drive 566-8389 05/08/07 OS/22/11 4 Years Naples, FL 34110 E-Mail: HeidiKulpa@msn.com District: 2 Category: Collier County Mr. Maurice James Burke OS/22/07 OS/22/11 4 Years C 5801 Glencove Drive, #508 598-3140 Naples, FL 34108 E-Mail: therightperson@msn.com District: 2 Category: Collier County Mr. Ronald J. Minarcini 05/1 0/05 OS/22/09 4 Years 4000 Royal Marco Way, Apt. 927 393-0615 Marco Island, FL 34145 E-Mail: rminarcini@ao1.com District: I Category: Marco Island Councilman E. Glenn Tucker 394-5151 04/1 1106 OS/22/07 I Year 800 Chestnut Court 394-5708 05/08/07 OS/22/11 4 Years Marco Island, FL 34145 E-Mllil: friartuck3725@cs.com District: 1 Category: Marco Island ( "n. ...:..:.W _._.:"_. . _.. _,._,..._...".._ .--- ~--- WednestUly, May 23, 2007 Page 1 of3 ---._- ----..-,""'11"',....." Aaenda Item No. 9L " June 12. 2007 Page 10 of 11 Collier County Coastal Advisory Committee Name Work Phone Appt'd E\.p, Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term l\1r. Paul W. Sullivan 06/08/04 OS/22/08 4 Years 1330 Caxambas Ct. 393-9125 Marco Island, FL 34145 E-Mail: District: I Category: Marco Island Mr. Murray H, Hendel 05/11/04 OS/22/08 4 Years 4301 Gulf Shore Blvd., N. 262-0738 Naples, FL 34103 E-Mail: murrp2h@aol.com District: 4 Category: City of Naples Mr, Ronald M, Pennington OS/22/0 I OS/22/03 2 Years 3430 Gulf Shore Blvd., N., Unit 2F 263-6935 02/10/04 OS/22/07 4 Years Naples, FL 34103 E-Mail: District: 4 Category: City of Naples Councilman John F. Sorey, III 213-1015 03/09/04 OS/22/05 I Year 735 Eighth Street, South 05/1 0/05 OS/22/09 4 Years Naples, FL 34102 E-Mail: District: 4 Category: City of Naples (. - . ~ -""O';~..'.':r'.'.'''':;'-'','' Wednesday, May 23, 2007 ,'..,.'. Page 2 af3 ( ( ( , " Item No. 9L J ne 12 2007 P?~e 11 ,Jf 11 Collier County Coastal Advisory Committee Name Work PhO/,e Home Phone Term 2nd Term Appt'd DateRe-appt Exp, Date 2ndExpDate This 9 member committee was created on February 13, 2001 by Ordinance 2001-03 to assist the Board of County Commissioners with its establishment of unified beach erosion control and inlet management programs within the unincorporated and incorporated areas of Collier County, and to advise the Board of County Commissioners and the Tourist Development Council (TOG) of project priorities with respect to funding sources that are available to Collier County for restoration and protection of its shoreline. The committee is composed of 3 members from the unincorporated area of Collier County, 3 members from the City of Naples and 3 members from the City of Marco Island. Selection for membership on this committee will be based upon the applicant's familiarity with coastal processes, inlet dynamics, coastal management programs, or demonstrated interest in such programs; relevant education and experience; leadership and involvement in community affairs; and willingness to attend meetings and to undertake and complete assignments" After initial appointments, terms will be 4 years. City of Naples- 213-1015 Marco Island - 389-5000 FLSTAT: Staff: Gary McAlpin, Tourism Office: 530-5342 Wednesday, M~;: 23,2007 Page3 of 3 .,. il,genda Item No.1 Oil, June 12. 2007 F'age 1 of 24 EXECUTIVE SUMMARY Recommendation that the Board of County Commissioners approve the stated recommendations relative to the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program, the Property Tax Stimulus Program, and the Fee Payment Assistance Program for each of the Board approved applicants. OBJECTIVE: Recommendation that the Board of County Commissioners (BCe) approve the following recommendations for each previously BCC approved economic incentive applicant relative to the Job Creation Investment Program, the Advanced Broadband Infrastructure Investment Program, the Property Tax Stimulus Program, and the Fee Payment Assistance Program. CONSIDERATIONS: On November 18, 2003, the BCC adopted Ordinance No. 2003-59, which is Code of Laws Chapter 49, Article V, establishing the Advanced Broadband Infrastructure Investment Program; Ordinance No. 2003-60, which is Code of Laws Chapter 49, Article III, establishing the Job Creation Investment Program; Ordinance No. 2003-61, which is Code of Laws Chapter 49, Article II, establishing the Fee Payment Assistance Program; and Ordinance No. 2003-62, which is Code of Laws Chapter 49, Article IV, establishing the Property Tax Stimulus Program. The programs are available to targeted companies that desire to relocate or expand within specified areas of Collier County and are designed to reduce the economic effects of increased development fees as well as relocation and/or expansion costs and to diversify our economy. The Programs have specific .~ eligibility requirements including the number of full-time jobs to be created and retained, tbe average wage of the jobs, timing of the jobs being in place and the type of business being proposed. Staff presented the Annua] RepOli of the four economic incentives at the regularly scheduled December 12, 2006 BCC meeting and the board unanimously voted to accept the repOli. However, Commissioner Henning requested that certain non-responsive companies be removed from the progran1s and that the BCC take this action given the BCC initially approved the companies' requests to participate in these programs. The BCC also stipulated this requirement in their vote as shown in the attached minutes. The attached company summary identifies each of the current approved thirteen applicants and is in the same sequence as the table below. The summary provides the specific incentive program(s) the BCC approved for each of the companies, the value of those incentives, the current status of the applicant, and staffs recommendation of BCC action for each of the applicants. The requested actions are as fo nows: c- COMPANY RECOMMENDED BCC ACTION March Perfom1ance Audit verifies 40 jobs created above required average wage. Recommend approval of $40,000 incentive. Radiology Regiona] Center, PA Audit revealed investment decision made prior to BCC approval. Recommend removal from qualification. Audit confinns 20 jobs created above required average wage. Recommend approval of job creation extension and Advocate Aircraft Taxation Company approval of request to be removed from Property Tax and Broadband incentives. Guadalupe Center Recommend aPlJrova] of annlicant's request to withdraw from the Broadband incentive and approve theiJ'~~~~e'~t~W~ Job creatIOn extensIon oftnne. Recommend the applicant be required to reapply to the BCC for incentives approval. Applicant tS 8 months Mobile Internet Technology delinquent in obtaining building permit, failed to create 36 jobs by Dec. 3], 2006 and complete Broadband by Sept.30, 2006. Nap]es Diagnostic Imaging Center, Ltd. Recommend approval of applicant's request to be removed from the Broadband program. Audit revealed broadband expenditures made pnor to NCH Healthcare System application date to BCC which IS prohibited by the ordinance. Recommend removal of NCH Healtbcare from the Broadband incentive program. Applicant IS ]8 months delinquent in plan submission. Sano and Associates, Inc. Recommend removal of applicant from incentive program and require reapplication to the BCe. Hole Montes, Ine. Broadband records audited and agreement executed for pavment. No BCC action requested. Recommend approval of the applicant's request for a one Training and Manufacturing Institute year delay in creating the jobs required by tbe Fee Payment Assistance Program and approve the applicant's request to be removed from the Job Creation Investment Program. Recommend approval of the applicants request to extend Salazar Machine & Steel, Inc. the Fee Payment Assistance and the Job Creation programs as requested. SDP is in resubmittal stage. Broadband costs verified u1rou"h audit. Recommend <> Pace Center for Girls approval of the applicant" s request for Job Creation extension of time and reduction in the number of jobs created. Lucy Hair Design Recommend approval of applicant's request for a one year extension of time to create the required jobs. Aaenda Item NI) 10A FISCAL IMPACT: The only incentive to actually have payouts this liscal year is the Fee Payment Assistance Program. The total payouts from this program will not exceed $608,842, well within this year's total incentive budgct of $] ,488, I 00. GROWTH MANAGEMENT IMPACT: The Economic Incentive programs are consistent with the Economic Element of the Growth Management Plan, specifically Objcctive 1.3 that states: "Collier County will support programs which are designed to promote and encourage thc recruitment of ncw industry as well as the expansion and retention of existing industries in order to diversify the County's ecoDOlnic base." LEGAL CONSIDERA nONS: The applications for the projects above have prcviously been determined to meet the applicable program requiremcnts set forth by Chapter 49 of the Collier County Code of Laws and Ordinances, as a Targeted Industry expanding within Collier County. ."<genda Item No.1 0."< RECOMMENDA nON: That the Board of County Commissioners approves the reeb~f,-ne:'Hj'ft;jl7 ..c f h b . 1 d h , be' [ Ph. 3,,18301 .4 actIons lOf each 0 tea ove c011lpamcs re atc to t e. 0 reatlon nvestment rogram, t e Auvaneed Broadband Infrastructure Investment Program, the Propeliy Tax Stimulus Program, and the Fee Payment Assistance Program [or the incentive period through November 28,2006. Prepared by: Denton Baker, Director, CDES Agenda 11em No. 10A June 12.2007 Page 4 oi 24 STATUS OF ECONOMIC INCENTIVE APPLICANTS AS OF MAY 2007 1. March Performance. Inc. a) Job Creation approved March 23, 2004 for 40 jobs over a three year period with] 3 jobs to be created by September 30, 2006. b) Tota] value of incentive: $40,000 c) Status: i) Audit verified all forty jobs created above the required average wage of$54,570 as of March 3], 2007. d) Requested Board Action: i) Approve the creation and incentive payment for the forty positions created by March 3], 2007. 2. Radiologv Regional Center. P A a) Broadband approved June 22,2004 b) Total value of incentive: $25,000 c) Status: i) Audit revealed their broadband investment decision was made prior to application approval by the BCe. This is contrary to the ordinance, thus their incentive award is denied. d) Requested Board Action: i) Approve removal of Radiology Regional Center from the Broadband Incentive Program. 3. Advocate Aircraft Taxation Company a) Broadband, Property Tax, and Job Creation approved December 14, 2004. b) Total value of incentives; $225,400 c) Status: i) Application required 20 jobs by December 31, 2005, 15 jobs by December 31, 2006, and 25 jobs by December 31, 2007. ii) Audit verified applicant created 20 jobs exceeding the required wage of $62,000 by December 31, 2006. iii) Applicant is requesting that the job creation deadlines be delayed by one year due to company relocation delays beyond their control. DBaker 5/21/200711 :30:54 AM Agenca Item NO.1 O.A cluliG ~2. 2DD? P2ige 5 of 24 iv) Applicant has also requested to be removed from the Property Tax and Broadband programs. d) Requested Board Action: i) Approve the requested delay in the job creation program by one year to December 31, 2006, December 31, 2007 and December 31, 2008. ii) Approve the removal of Advocate Aircraft from the Property Tax Stimulus Program and the Broadband programs. 4. Guadalupe Center a) Job Creation, Broadband, and Fee Payment Assistance approved by the BCC on January 25,2005. b) Total value of incentives: $173,999. c) Status: i) Fee Payment Assistance Program paid $73,999 of impact fees. ii) Audit verified applicant created five jobs at a wage exceeding the required 50% of the average wage by December 31, 2005 as required by the Fee Payment Assistance Program. iii) Applicant is requesting that the Job Creation timeline be extended such that all qualifying twenty-five jobs can be created by December 31, 2009 rather than the now required 8 by December 3],2005, 13 by December 31,2006, and 4 by December 3],2007. iv) Applicant requests to be removed from the Broadband Program. d) Requested Board Action: i) Approve the job creation time extension requested by the applicant and remove the applicant from the Broadband Program. 5. Mobile Internet Technologv a) Job Creation, Broadband, and Fee Payment Assistance approved by the BCC on June 14,2005. b) Total value of incentives: $472,7] 1. c) Status: i) Applicant committed to pull building permit by September 30, 2006, have Broadband completed by September 30, 2007, and have 36 new jobs created by December 3], 2006, 24 by December 3],2007, and 33 by December 31,2008. The applicant's SOP has been rejected 4 times as of May ] 0, 2007 with the latest review having 3 departmental rejections. DBaker 52],,'200711 :30:54 AM I' Agenda Item No.1 OA June 12, 2007 Page 6 of 24 d) Requested Board Action: i) Consider the applicant's approved request void due to delinquency and require the applicant to resubmit application for Board approval with current information. 6. Naples Diagnostic Imaging Center. Ltd. a) Broadband incentive approved by the BCC on June 14,2005. b) Total value of incentive: $50,000 c) Status: i) Applicant has requested to be removed from this program. d) Requested Board Action: i) Approve the removal of this applicant from the Broadband program. 7. NCH HeaIthcare System a) Broadband incentives approved for three locations by the BCC on July 26, 2005. b) Total value of incentive: $75,000 c) Status: i) Audit revealed their broadband expenditures were made prior to application date in violation of the ordinance, thus their incentive awards are denied. d) Requested Board Action: i) Approve removal of NCH Healthcare System from the Broadband Incentive Program. 8. Sano and Associates. Inc. a) Job Creation, Broadband, and Fee Payment Assistance approved by the BCC on July 26,2005. b) Total value of incentives: $511, 5800, c) Status: i) The applicant's approved application stated construction would begin by December 1, 2005 with a completion date of December 1, 2006. 24 jobs were to be created by December 31, 2007, 20 by December 31, 2008, and 19 by December 31, 2009. ii) Applicant has not submitted plans. DBakcr 5.''21/200711 :30:54 AM ,b,'::J-2rlrJa item No.1 OA - June i 2 2007 Page 7 of 24 d) Requested Board Action: i) Consider this approved application void due to delinquency and require the applicant to resubmit application for Board approval. 9. Hole Montes. Inc. a) Broadband Incentive approved by the BCC July 26, 2005. b) Total value of incentives: $25,000. c) Status: i) Applicant audited in February 2007. ii) Records in order, agreement executed and recorded for three payments each year beginning in October 2007. d) Requested Board Actio/,: i) None 10. Traininl! and Manufacturinl! Institute a) Job Training and Fee Payment Assistance approved by the BCC July 26,2005. b) Total value of incentives: $245,684. c) Status: i) $185,684 of impact fees paid on behalf of the applicant ii) Project CO'd April 23, 2007. iii) Must create five jobs by December 31, 2007 to qualify the Fee Payment Assistance iv) Job Creation Application stated 5 jobs to be created by December 31,2006 and 15 jobs by December 31,2007. v) Applicant has requested that all five jobs related to the Fee Payment Assistance Program be delayed one year from December 31, 2007 to December 3 I, 2008 and also request to be removed from the Job Creation Investment Program. d) Requested Board Action: i) Grant the one year extension to the Fee Payment Assistance job requirement from December 31, 2007 to December 31, 2008 and approve the requested withdrawal from the Job Creation Investment Program. DHah:r 5/21''2007] I :30:54 AM , Agenda Item No.1 OA June 12, 2007 Page 8 of 24 11. Salazar Machine and Steel, Inc. a) Fee Payment Assistance and Job Creation application approved by the BCC September 27,2005, b) Total value of incentives: $146,000. c) Application stated that construction of the project was to begin in 2006 and also be in operation in 2006, The application stated 5 jobs were to be created by December 31, 2006, 5 by December 31, 2007, and the last 5 by December 31, 2008. d) Status: i) SDP submitted April 24, 2007 for first review. ii) Applicant has requested an extension of time for the Fee Payment Assistance Program with occupancy not later than May 31, 2008 due to uncontrollable delays. iii) Applicant has correspondingly requested a one year extension of time to create the 15 jobs as follows: 5 jobs by December 31,2007, 5 more by December 31, 2008, and the final 5 by December 31, 2009. e) Requested Board Action: i) Approve applicant's request for extension of time. 12. Pace Center for Girls a) Job Creation and Broadband incentive programs approved by the BCC on October 11,2005. b) Total value of incentives: $49,000. c) Application stated expansion project to be completed by June 2006 with 5 new jobs created by December 31, 2006, 1 by December 31, 2007, and 2 new jobs by December 31,2008. d) Status: i) New building CO'd April 3, 2007 ii) Applicant has requested to change the 5 jobs to be created by December 31, 2006 to two jobs by December 31, 2006, 3 jobs by December 31,2007, and one job by December 31,2008. iii) An audit of broadband costs has been completed and the applicant has satisfactorily met the requirements for the $25,000 reimbursement. e) Requested Board Action: i) Approve the extension of time requested by the applicant. DBaker 5/21/200711 :30:54 AM /,Ci2nda item i~o. 10.1\ ~ June 12, 2D07 Page 9 of 24 13. Lucv Hair Design a) Fee Payment Assistance and Job Creation approved by the BCC November 29, 2005. b) Total value of incentives: $36,078, c) Application stated construction was to begin in December 2005 and completion in February 2006. Three new jobs were to be created by December 31,2006 and 2 more jobs by December 31,2007. d) Status: i) SOP approved in December 2006. ii) Fee Payment agreement executed and recorded. iii) 50% of Road Impact paid in the amount of $4,71 0.75. iv) Applicant has recently changed general contractors and no plans have been submitted. v) Applicant has requested a one year extension of time to create the first 3 jobs by December 31, 2007 and the remaining two jobs by December 31, 2008. e) Requested Board Action: i) Approve the applicant's request for an extension of time to December 3], 2007 and December 31,2008. D]-j(lkcr 521200711 :30:54 AM Agenda Item 1'0. 10A June 12. 2007 Page 10 of 24 ~--_.. -- /4 ) "i,/ (2~)~ItIJ,Jcale Y150 n:5fj(iJlfj May 1, 2007 Denton Baker EDC Horseshoe Drive Naples, FL 34104 Re: Request for Extension of Time for Job Creation Grant Dear Mr. Baker: Based on the fact that we couldn't move into our new office space until December of2005, we are hereby requesting an amendment for an ex:tension of time to the job creation grant reflecting jobs created in the years 2006, 2007 and 2008. We have established lUld proven the creation of 20 jobs in 2006. We are on oourse to have 15 additional jobs in 2007 and are anticipating 25 additional jobs in 2008, Secondly, we also would like to vvithdraw the Broadband Infutstructure Grant l!Ild Property Tax Stimulus Incentives. Thank you. Sincerely, Mark Meiners, PHR Director of Human Resources Advocate Consulting """"'''' s@.NAfM MEiilJE1I Adva..--a"'lC.I'1JrcrafiT~Compa.V' ellA- -- _,Ill:. 3073 H~ I>riv< _ Suite 210. Napk..,P'L 34H)4 (888) 325-1942. Far (239) 213-(;689 March 12, 2007 LT~~;;>~~~'z~~_l.>": \'.. /' //)"",.(> lJ ,; (.r'. /.~)?\ ,.., '~', b 'ii.... ./, 0'.'f > "'''/J/.z:'I'~'\~-' "J~r) \,U.<>-,./ ;~ 4",,~~'() "r"'! 1'..1-/ ";I' i-'J' '''.1--'' (I )U;,,;;,-tf,;If(,! .._J1I: C</CU..J ,'.t<-'UE.....~ l71'J.<J4..I.:.h (,,-CUc.<i-l-,.dtl .;' c7 / c c r~,qslld3 Item 1']0. 1CA ~!:.J,"3 12. 2007 11 of 2L1 Mr, Denton Baker, Director Collier County Housing and Grants Section 2800 N, Horseshoe Drive Naples, FL 34104 Dear Denny, Your recent audit shows that the Guadalupe Center met the requirements for the Fee Payment Assistance Program by creating five new jobs at the required wages by 12/31/05. The application for Broadband Infrastructure was withdrawn as Time Warner advised us that the cost to operate the system would be in excess of $1,000 per month, and Guadalupe Center determined that it would be cost-prohibitive for us. The Job Creation application required that we have 21 jobs created by 12/31/06 at the required wage. This was based on the Phase II construction being completed in 2006. Because of mold problems that were discovered, and because of structural issues with the existing building, the Board of Trustees voted at the June 2006 meeting to demolish the existing building and construct a new facility in its place. The original plan called for five additional classrooms in the existing building. The new facility will have eight additional classrooms, Even though the second phase of construction has not begun, we have already created 13 of the 25 positions required. We will need a minimum of two teachers in each of the new classrooms so that means at least 16 jobs will be created once Phase II construction is completed, So, not only will we meet the original total of 25 new positions but we will create at least 4 more positions. We understand that we have missed the 12/31/06 deadiine for positions to be created, but ask that you and the Board of County Commissioners grant us a postponement due to changes in the original plan. We now anticipate that the positions will all be created by 12/31/09, Thank you for your consideration. Please contact us if you need additional information. S~~ erely, , I' ,., . \ ,. ~~ V\ 'Gu~~, Stanley H.~oynton, '~sident!CEO The Guadalupe Center of Immokalee 509 Hope Circle. Immokalee, FL 34142.239.658.1999. Fax 239.657.7712. '\.\'ww.guadalupeccnter.net (')'~';;;;~"',"4""":1,""/} I'i'.."~. '.'..,;'''' m l' .'.:. ":':"'''> y#.,;/ '~, ,,--'" "", . .,<' ',:.' ,to ,,, '.\ . ,L'."~. "'~:tC-"'.''!;' .\\. ,,'~..rinll.l~.I'" ..~~",.":$If'. ....,. ~.~. :- J1 ,,' _x:;.: . l',;r- ~ , (?"".:'..~.?' ~~. JT'. ..!t1~J~>L, \L .<',.. J,,_, 'li".;0~. '~~... 4..~"h( L N r E fL.. "~' "" ." .. .? -,,I . . "."j ."", - .. , 'At. ,~~ ~ "t1"d":f tie i1'd> Q/I""u~ ~'~(' Agenda Item r~o. 10.L\ ,June 12. 2007 Page 12 of 24 March 6, 2007 Collier County Housing and Grants Section 2800 N. Horseshoe Drive Naples, FL34104 Attn: Mr. Denton Baker, Director Dear Denny: In 2005, we met with Time-Warner to discuss the installation of the broadband infrastructure. Because it would be cost-prohibitive for us to maintain on a month-to-month basis, we would like to formally withdraw our application for the Broadband Infrastructure Investment Program. Sincerely, (jfoUJ Gloria Crosby, CFO The Guadalupe Center of Immokalee 509 Hope Circle. ImmokaJee, FL 34142.239.658,1999. F:n: 239.657.7712. www.guadalupecen.er.ne. It!::rn 1',10. 10A J~!ilC:; 12. :::JG7 13 ,of 24 TMI Training and Manufacturing Institute, I ne T radeport T echllo logy Park 2050 Commerce Ave 1mmokaIee, FL 34142 May 7, 2007 Mr.Dcnton Baker, Director Community Development and Environmental Services Division Collier County 2800 N. Horseshoe Drive Naples, FL 34104 Subject: TM1, 1mmokalee FL: Project pemnt # 20060] 2863 ]. Ex1ension Request: Agreement for Fee Payment Assistance, 2/1 0/206 2. Job Creation Incentives: Economic Stimulus Program Dear Mr. Baker, I. I would like this letter to be our formal request to eJ..iend the job creation timeline of our contract, as stated on page two (2) "A minimum of five new jobs will be created aIld retained as a result ofthis project;" - by December 2007. We have invested a substantial amount of time and over $3,000,000 in building costs to complete the Construction Phase (C of 0 April 24, 2007) of our project. And we are now proud to 52Y that we received our Certificate of Occupancy on April 23, 2007, albeit our occupancy is eight months later than our planned date in September 2006. Our time and dollars now need to focus on bring jobs and business h'1tO lnunoka1ee. This will take tinle. We are not in violation of our present agreement: however, with only 30% of our spaces leased and our occupancy eight il10nths delayed, Vie are requesting (hat the job creation requirement of our agreement bc extended one year to December 31. 2008. 2. Our Job Creation Incentives as out lined in our" Economic Stimulus Proi,,'l"am" Appli,'ation, dated May 4,2005 is no longer realistic, since it calls for jobs to be in place by December 31, 2006. Therefore we would like to make a formal request to vl"ithdraw or current request for the Job Creation Investment Progrmn, but rctain our privilege to reapply, for future Job Creation Incentives when there is a future opportunity. Agenda Item No.1 OA June 12,2007 F'age 14 of 24 Our original Mission Statement and a picture of our completed building is enclosed. We are grateful for your consideration and the Board of Count Commissioners' consideration of our request. P:e!Y! If ~~ ~)b".if:l",'[Y.0 :J';"'V:~J. ~'? ,..j",LlJl,,,l cc. Susi Winchell@ EDC Ij~rriNo.10~ .1:'1:,8 ~2, 20CJ7 15of:?4 150 Airpark Blvd., #109 I Immokalee, FL 34142 I P: (233) 557-2325 I F: (239) 658.2513 May 17, 2007 Mr. Denton Baker, Director Community Development and Environmental Services Division Collier County Naples, FL 34104 O"ar Mr. Baker, The Board of County Commissioners approved our application for the Fee Payment Assistance Program and the Job Creation Investment Program on September 27, 2005. It was our original intention to occupy our new building at the Immokalee Regional Airport in 2006 and to create five jobs by December 31, 2006, five by December 31, 2007 and the final five by December 31, 2008. Development at the Immoka!ee Regional Airport h"d to be put out to competitive bid because of a requirement within Florida State Statues governing County owned Airports. This unanticipated delay took approximately eight (8) months, Our site developer, URS Corporation, was developing two other companies at sites located at the Immolcalee Regional Airport. The three projects had to be grouped together within the same SDP because only one SDP amendment can be submitted at a time. Unfortunately. the other two compani,:=s have since backed out of their development plans at the Airport. This significantly delayed the overall project. Other delays involve panther mitigation and water management \\'e are requesting an e>:tension of time for the Fee Payment Assistance Program to occupy OUf new building not-later-than l/;2Y 31, 2008 and to extend the job creation ti:-nelrne by one year to December 31, 2007, and 2008, and 2009. I I jI,aenda Item No.1 OA " June 12, 2007 PEige 16 of 24 These incentives are a very important part of our fiscal plan to expand our business. We are presently operating in two locations with limited space requiring us to operate outside and incur weather delays, especially during the rainy season. Our new facility will allow us to become more efficient and to continue our growth, thereby creating more jobs for our Immokalee community, Thank you for your approval of this request. Sincerely, v~~~ Pete Salazar III President Copy: Tammy Nemecek, me May 7, 2007 ,..... '........'...~."......<l!..i'..i....>;;rr.w:.'".:. ftjI-e ~~'g in girls f~gsrJ(Ja li.?:n I~o. lOA ,IU:18 12, 2007 Po:-"ge 17 .)f 24 Collier County Commissioners 3301 E. Tamiami Trail Naples, Florida 34112 Dear Commissioners, PACE Center for Girls, Collier at Immokalee was approved by the County Commissioners in 2005 for the Economic Stimulus Program in Job Creation credits and Broadband Infrastructure incentives, When PACE applied for the program, we were in the process of permitting a new facility located at 160 N. First Street in IrnmokaJee. I would like to give you an update as to the status of our project and request an extension of time to create the jobs outlined on the original application. PACE Center for Girls planned a new facility that went through a very thorough review and Penuit process which took almost two years, We were issued our permits on March 29, 2006, Many of these delays were caused by revamping some products due to a shortage of items after Hurricane Wilma. Construction is now complete and a Certificate of Occupancy was issued on April 3,2007. Due to the limited space in our old building, we could not add the five new positions we had originally committed to, We were "maxed-out" in that facility. We did add two new positions. Our new building does have Broadband which has allowed us to partner with the Collier County Public Schools to have fiber optics, Invoices for the cabling are included with this report. I am requesting permission to alter my Job Creation by the following: December 3 I, 2006- create 2 new jobs (Business Education teacher and Social Services Coordinator) December 31, 2007- create 3 new jobs (Academic Manager, Teacher and Cook) December 31,2008- create 1 new job (Counselor) This is a chan.ge fTOm my original application for 8 new jobs because I now feel L>,at with Worker's Compensation and the cost of insurallce, we would do better contracting the Janitor and Lawn Service jobs out to private companies instead of hiring full time staff. Please advise if this meets your approvaL PACE is thankful for your support and truly appreciates your assistance in mal;:ing our dreal'n of a new facility a reality. We would like to invite you ,md all of the County starr to our Open HouselRibbon Cutting ceremony on June 15,2007 at 11 :OOarn. Sincerely. ,i.'!! . '::'II\;.n",^ \.A/lIL(lO~, /'... "",, \.' L:':"';"'<.)~QL...._ ,t r-'"- '-'. hreasa Miller ~;;~:~:i;\'(: },:.'~:Ci::-;l 160 North 1" Street. Immokalee, FL 34142 tel: 239.657.2400 fax: 239,657.2409 www.pacecenter.org . 65/11/2007 10:49 239557B3E5 FRONT DESK Ms. Lucy Zuniga 33/ Adams Ave fmmokalee, FT. 34f.12 Pho"I! (239) 657-5757 Fax (23<)) 657-8365 !z.c. IIt.~1i~.':om. ."..,....-- .~......._...._,._..,. May 11, 2007 Collier COlIl/ly Gm'cmme1l1 SIIildlng Depar7/11ml AI/II: Deml).' Baker 2800 Norlh Horseshoe Dr Naples, l-L 34/04 To W'oom 1/ A4{!}~ ('o;u:eri1: 1 am rcquestifl~ all C!Xh!?tsfOt1/or fhe jon aeatjon prOWam. The reason bdflt ihal my.mlon has /101 ""'on twill yol. r was having Ir01tble wirk 1M general comraclor. He was moving Iou .rIm.' ami /101 doing Things righl. TMr(fore. I am illfhe p:"ocess qf chtmging conlra..'"forsfmm Walco CC!1Islnlcli('m, il/c.la CrccyC<"'SlnIcliol'1 &D!!Vc!opmenl, fllc. JWQlIidll'kc 10 hcn'e i( ,'X/ended "mil Decem""r 20C7. Hopef"Uy fry Iltcl'll will have creafed three !U.~".i()hs, / really appn.:ciale YOU! working with me on ti'?t.f,. Sincerely. ::9;~~r ;{/~)!~?d Ms. Llfcy ZUlliga Aaenda Item No. j OA ,~ PA~e ~l?~ig~07 Page 'I 8 of 24 Page 10U /\:-:2il:38 iL::iTl f\J'J. l UA ~ Jc1il3 12 2'JC.;7 ~ 9 elf .24 December 12-13. ~ THE JOB CREA nON INVESTMENT PROGRAM. THE ADVANCED BROADBAND INFRASTRUCTURE INVESTME PROGRAM, THE PROPERTY TAX STIMULUS PROGRAM, AND THE FEE PA YMENT ASSISTANCE PROGRAM _ APPROVED W/STIPULA nONS MR. MUDD: Commissioner, that brings us to 8 -- excuse me. That brings us to a four o'clock time certain, and this is lOB. This item to be heard at foW" p.m., December 12. 2006. Ifs a recommendation that the Board of County Commissioners accept tf: annual report on the activities related to the Job Creation Investmen Program, the Advanced Broadband Infrastructure Investment Program, the Property Tax Stimulus Progn:uI4 and the Fee Payme- < Assistance Program. Mr. Denny Baker, your director of operations for community developments' environmental services, will present Several commissioners asked why this was a four p.m. time certain. had to do also with C- Tech, which has been continued now, which was lOC, and it was because Ms. Tammie Nemecek. your director 0 EDC, wasn't at the board - at the board meeting at the time that the C-Tech was heard last board meeting. And in order to give them the opportunity. the business conununity, to be here in order to speak in front of the board, that's why you have four p.m. Mr. Baker? MR. BAKER: Hi. Good afternoon, Commissioners. For the record, Denny Baker. Director of Community Development. The BeC approved. our four economic incentives in November of 2003. The four incentives were the job creation, the advanced broadband, the property tax stimulus and the fee pa.yment assigtan(.;.~, You know. the nurno~ nfth~ nrlfinSll"""'''' <>.... tn ......,.......""4-0 ~~~-~_:- http://_.cIerILalIIer.fl.lISjWEBUNK7/imageDi5lHa1.aspl(l'KIl0)'eslsesslolllley-WUn;ageI)lspl... 4/25/2007 . Agenda Hem No. 1~ toft .June 12, 2007 Page 20 of 24 Decem.ber 12-13, 20l they're an established firm. Why should we give them the ability for broadband? I think it's just money that's .- I've got some real concen with that. MR. BAKER: Well, the - we have to a.pply the ordinance as written, Commissioner, and the ordinance does not prohibit these well-established companies from applying for this at this point in tilT As a matter of fact, Naples Community Hospital has three locations that they have - their plan is broadban~ too. And Tammie can talk the reasons, why we wanted to do that at the time. But -- Ta.mmie, would you like to come up? MR. MUDD: No, I want to make sure you clarify something, Denny. I don't t:.hink you've said this on the record today. Every one of these applications that are on this chart, this board's approved. Every one oftbem bas come in front of this board to get approval. and it talked about NCH being an established company. And I remember that:Mr. Morton was here and he talked about that particular issue, about why he needed it in order to do that Denny i just reporting back what's there. Commissioner Henning has a good point in the fact that, hey, we're holding money and it's obligated with a firm. because they put an application, the board has approved it, and they haven'4 in good faith, perfonned like they said they were going to perform. How long do we obligate those dollars before we recirculate it in tli pot of money in order to get it done? But Denny's just basically giving you a snapshot ofwh~s already been approved by this boart in an annual report. MR. BAKER: T'hafs correct. That's correct, Jim. And I might add to that tllere are several companies that we a.ctuall~ pulled the applications and voided the applications because they we non-responsive. They had been. .- they had come to the board, beer - - - _____.J 'T'L_.. 1._'" _....+ ~""" __ th""'T h","; Mnt ~~nrlp.tt in flue time http://_.c:ieriI.c:oIIIer.ft.IIS/WEBUNK7/11RlI!lilIf)IspI.aspl?{.ac1l1l I S !!essIollllerWUllllllleOispl... 4/25/2007 !\;,E:llda 1i:::i11 lb. ~.1 of 1 .Juile '12. ~ Ci7 ?ag'3 21 ,~ :::4 December 12-13, 201 Weare sensitive to the fact that those funds are there because they Sf limited and work closely with these companies to make sure that the~ are coming forward in a timely manner. We do have an issue with regards to additional funding for theBl programs. And if we were to have companies come forward that would deplete the funds, the question to the Board of County Commissioners would be -- is whether or not these funds would be replenished in that particular fiscal year. And that -- that would be either something that might need to bt brought back or something that might possibly could be discussed h, today as far as whiat we would like to do with these incentive dollars going forward aj"1d whether or not we'd like to keep those fimds available for businesses that we'd like to either help expa."1d here (1'- recruit to the community. CHAIRMAN HALAS: Thank you very much. Commissioner Henning? COMMISSIONER HENNrnG~ Thank you. Mr. Baker, I like your recommendations and I like the recommendations to hold offtl the next budgeting season to reevaluate the process. I also would like for - and I don't know if you need it -- as far a motion, I don't like the fact that we have some monies holding for people and there hasn't been any response. Can we give you directi on that, or do you need that in the motion? MR. BAKER: I just need direction that we take a more aggressive approach and provide a drop-dead date, if you will, to th companies to respond. And especially with the budgeting cycle, yo know, just around the comer, fd like that direction and- COMMISSIONER HENNING: Well, there's different things here, because you have, like SDP, or have -- has not requested an audit. ..... K~ "t'"1i'" unn. V_roo. ilttp:/I-.CSl:'k.coIier.ft.a/WEBUNK7 /11IIiI(eOIspIaJ.as~ }!! Iscss-a, -WUlllllleDtspl,... 4/25/2007 Agenda Item No. 1~1of1 June 12. 2007 F\age 22 of 24 Decembe-z 12-13, 201 two different issues. I donlt know how to address that, except for the SDP. You know, if they haven't submitted within a year-. MR. BAKER: Right. COMMISSIONER HENNING: -- it goes back in the kitty. That's part of my motion. The rest of my motion is to accept your presentation and recommendations under that. You know, put that back into the pool and come back in next yeats budgeting season an, give us recommendations on that. But I don't know if I need to put it into the motion about these requesting for audits for like broadband or job recreation or whateve :MR. BAKER: Well. I could do it a couple different ways. I ca put together a proposal to County Manager or back to the board suggesting that certain companies be removed from the program if they have not responded within a particular amount of time. COMMISSION"ER HENNIN"G: Tbats part of my motion. COMMISSIONER FIALA: Okay. I'll second. MR. BAKER: J De Schmitt is saying that we should bring it ba to you since the board -. MR. MUDD: You approved it this way, If you're going to de it because of lack of perfon:nance or - ~ you need to be the persc to do it. COMMISSIONER HENNING: And that hasnt happened in tJ past as far as I understand. :MR. BAKER: No, it has not. COM1vfiSSIONER HEN'NlNG: Okay. MR. BAKER: Commissioner, let me clarifY that. We have h2 companies voluntarily remove themselves because v.>e've pressured them, if you will. to respond. COMMISSIONER HENNING: Okay. MR. BAKER: And there have been several voluntarily remo" " - ~,---_ 1-...""""'__4 __ _",,__n...... http://-.c:iert.c:oIIier.fI.IS/WEBU''I{7/'~.aspl1' ,,[ II!. )ISI:sessIv'"< I) -WUmageDispl... 4/25/2007 item No. 1 ':?age lof1 .J~!i-leI2, 2007 23 uf 24 December 12-13. 2()( that. MR. BAKER: Yes. CHAIRMAN HALAS: Okay. We have a motion on the floor t Commissioner Henning, second by Commissioner Fiala. MR. BAKER: Mr. C~ could I ask Commissioner Henning to also address the issue of the pooling of the dollars? COMMISSIONER HENNING: Yes. That's -- was a part of m; motion - MR. BAKER: Okay, thank you. COMMISSIONER HENNING: - is to pool those dollars, MR. BAKER: Thank you. CHAIRMAN HALAS: Okay. Commissioner Coyle? COMMISSIONER COYLE: That was going to be my clarification. CHAIRMAN HALAS: Okay. Any other discussion? COM1v1ISSIONER COLEIT A: Other than, did the second agree? CO~lISSIONER FIALA: Yes. thank you. CHAIRMAN HALAS: Okay. Not hearing any further discussio~ rn caU the question. All those in favor. signify by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER COLETTA: Aye. CHAIRMAN HALAS: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNlNG: Aye. CHAIRMAN HALAS: Opposed, by like sign? (No response.) CHAIRMAN HALAS: Motion carries. MR. BAKER: Thank you. i!ttp://-.deItt.c:oIIier.flllS/WEBU1IV /I~~ .., L: ,11. IE S1'1 .!. "".. I -'.pI. 4/25/2007 . Page 1 or :';10 COLLIER COU'ITY GOAF:D OF COUray CCir:.rv1ISSloNEr~s Item Number: ,],c, Item Summary; -'1.' :;pd Jk trl\) fWJllJ<J' eU)f1on',Ic Inc(~ntlvf' rerurt pE;'';('~le(: to :1',[ ,iCe: 11'\ Hie F' a;' of ~<:{J6 : J(:"ept, r: Sell,.',,!I, i'~Jrnlr',lst,';',to' :::'OrlllTIUlitv uC'vc,i()("y';)r( ,,\ F: r~'":ra'H'l"';'::,,i SQ1'PC(:S, '-:,VISI(lll) Meeting Date: C', ";'~.(f' 90D.OC> i'.M Prellllred B~' Denton Baker Fm..ncl<l1 A<Jtl\in& Housrng Dln":tor DJle Comlnunity Developinent& ErW'rDnmenlaiServic.es Finane,al Adrr"n. <>- HOlls",g 5/21i200711.2517AM Apprun'dBy Slls~n Rossi l\dmirllstrat,v€.A5sisl~nt Dale Community DevelDpment &. EnvironmenlalServiees (;::lFSOperations 51~1!2007 1133 AM Approvcd By MJrlen~ Stewart E~ecut;ve SecrelMY Date Community De"'~if.)pmenl & Community D~vcl()pment S EIWlronmunta! S"rJl ;es E-nviron'lIImtal Serviq:,'. {,clmin. 5'21i200"l1:::3S PM Appn,,'cd By .Jucl;'Puig Operations A"~lyst Date Comn'LlfIily P'ov81ol'meni 8- EnvlronmHnl<lIS "Vlces Co",munity Del/ckprn"nt& [nviro"mentaISe'Vlce"Admin 51;t1i2G07 12,~-l PM Appro\'cd By J05cph 1<., Schmitt C()mml""I~ D(>vtdc.pment& D~te fen,'ironment,,! Serv,e'",b A,lnlin~tcRtor Cor)'mu',il.\, DeVU0pment &. [n',..ironmcnta; S()rvi~"s Cc_"mnu,-,;!y De,,('lc.prnent & f:nvironm0:-1w!Serv,cPf-i-\;lrnm S..:::31?Ci0733f- PM A[Jproved By or,~b C()()n!in~tQr O,~8 ::':c-'.>rri:,,,,lcor ;.JJle County t,1Jnm,,,,',.. DflY,IC Ulfiu,,,! p,[Jt1,1Jt.",!Cnt 1> e("!:l~t 5125/21'07 J:~~ PM Appron'd By f,~ .-,n' !', n d, ,.;on [;llr1pU,';nJI/st U;:Hc' County r,1;)n~\)H'S Ollie.: ()ifir" 01 M.1n.oqEm,mt i: Eml,w: (,14iJOW' ~,:n "M Allpnrvcd By j~nHJ~ \'. ~'",id Cc>untyl/JnJger ::;<<t.. Board", C,,,,n\; Cc.ur;tl' ~,.1Jna",fs O!hr:e (,1~{~()07 ~,,51 .", Ccnwli-:;'I',nurs Agenda Item No.1 DB June 12, 2007 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to disapprove institution of an Ordinance to allow use of golf carts on the County roadways of the Isles of Capri community. OBJECTIVE: That the Board of County Commissioners disapproves instituting an Ordinance that would allow the use of golf carts on County roads within the community of Isles of Capri. CONSIDERATIONS: On May 8, 2007, at the regular meeting of the Collier County Board of County Commissioners a request was brought forward under Public Petitions as Item 6.A. to allow the use of golf carts on the County roadways within the community of Isles of Capri. Under Florida Statute F.S. 316.212: 316.212 Operation of golf carts on certain roadways,uThe operation of a golf cart upon the public roads or streets of this state is prohibited except as provided herein: -- (1) A golf cart may be operated only upon a county road that has been designated by a county, or a municipal street that has been designated by a municipality, for use by golf carts. Prior to making such a designation, the responsible local governmental entity must first determine that golf carts may safely travel on or cross the public road or street, considering factors including the speed, volume, and character of motor vehicle traffic using the road or street. Upon a determination that golf carts may be safely operated on a designated road or street, the responsible governmental entity shall post appropriate signs to indicate that such operation is allowed. Field review and analysis of the County roadways within the community of Isles of Capri by Traffic Operations Depaliment staff disclosed conditions (repOli attached) such that, in consideration of safety for motorists, pedestrians, and golf cart operators, staff cannot recommend allowing the use of golf carts on the roadways of the community. FISCAL IMPACT: There is no Fiscal Impact to the recommended aetion. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summaty. RECOMMENDA T10N: That the Board of County Commissioners continues to prohibit the use of golf carts within the Isles of Capri community and disapprove the enactment of an Ordinance to allow such use. Prepared By: Robert W. Tipton, P.E., r.T.O.E., Traffic Operations Director Attachment: Field Review RepOli -- Item Number: Item Summary: Meeting Date: Page] or 1 COLLIER COUNTY BOARD or COUNTY COMMISSiOI~EP.S lCB r.'ccm-nITI<,''18::ltIQIi to (jiSdpproVI' ;ns:ij;J\lor' 01 ar DrdIWII1C8' t,,; al!lJw U&P oi ~(jl~ Cilr~s lJn tile ~:ClIJntv 'U,;(JWiJVS 0: tile i;les 01 eaerl communltv <:Hot:, Tipton Traffic :.JDHiitiGnS D!re~tor) 'iI12';!00i 9.00 0~' 11M Traffic Oper,JllOn~ Director Date Prepared By RoberlW, Tipton,P.E. Transportat,on Servi~e5 lr~ffic Oneraliorls 5!22.'200712:0\';22PM ScottR.Teoch Ass,slilnt (:ounty Atton1ey Dille Approved By County Atlorney Counly Al\orne\, Otfice 5122/2007107 PM f,obertW,Tipton,PE TraflicOpl!rationsD'rector Date Apprll,'cd Hy TrJnsrort~tion Services TratfrcOpNJtions s/n,,20074:11PM ApprondBy Sharon T\;ewm~n T,ansportalionScf\/ic('s AccmmLngSupcrvi"or Date Trans;>ort~tiDn :;:'ervlces!\dmin 5/22,'20078'44 PM NorrnE, Fede",AICP TrarlSp0rtalion DivIsion t.dministra\or DJ.te .\ppruved Ry TranEp"rt~tinn S"rvir.es TrJn5POrt.alior Servicc3 Admin 512312ll0710:(;4!',M Appro,,,,d By Pat Ldlnhard TrJnsportationSe",;ces Exu:utivcSccrctary Date T"<I'"port<ltlonS(,rvice'ifJ,dmin ::;C:':,2007 ~45 PM CJI,;[{SoonJlni1tor l~' ,,((; .\pproHdB)' C)~,ln CoordiniltM Coun\;' Mlln<!,,""~ Offl,~e C)lfl~0 o' Man:q"ment & [~u(iJCI S:;:SJ2()Ci4C9;-'T/ [;lId'1',lf'.n"ijst D3te Approved By r,~ ar~ I ,.n c k ,;"" C'Jul1l) r,~ar;",J(" s 0Hicc O~ficE "I MJnJgcmen\ & Gud(,wt C:2i20J7 ~ J5 r'M CC,unti M'lIld{I!OI' [ml", Appro\ell Uy J?nH"S V. ~""ud~ B"~:-,, D! ';:ou"ty C"mllliss,c,nHS County 1;:a""i[l""" Office 6i;::20:lT ",3!1 PM ,~g9nda 11sm r\!o_ 108 June 12,2007 Page 3 of 6 Traffic Operations Department Operations Review Isles of Capri Boulevard Golf Cart Use May 22, 2007 In response to requests from a group ofresidents of Isles of Capri for institution of a County Ordinance that would allow the use of golf carts on the roadways of the Isles of Capri, a field review was perforn1ed by staff of the Traffic Operations Department to determine the appropriateness of the area for allowing the use of golf carts on the same roadways as general vehicular traffic. Field reviews were perfonned on May 3 and 21, 2007, and vehicular traffic counts and speeds were recorded on May 4 and 5,2007 Review of the community disclosed that travel from or to almost anywhere within the island chain requires travel on or across Isles of Capri Boulevard, the main street of the islands comprising the community. Isles of Capri Boulevard is fairly nan-ow, with 10 foot lanes in places, no pavcd shoulders at most locations, and has a number of curves, five of which are 90 degree curves spaced closely together in the commercial center of the community. (Photos attached) The roadway does not have a great deal of sight distance around these 90 dcgree curvcs. Directly south of the southernmost 90 degree curve is a parking area from which autos, vans, and trucks back into the street from the diagonal parking spaces. The entire length of Isles of Capri Boulevard is markcd 30 mph after cntering thc community and is appropriately marked for "NO PASSING" by a double yellow centerline. A pathway adequate for bicyclists and pedestrians runs next to, but unattachcd to, Isles of Capri Boulevard for most of its length, providing a safe area out of the roadway for the bikc/ped traffic within the community. A speed study perforn1ed at two locations on Isles of Capri Boulevard disclosed that at the nOl1h end of the community the median speed is over 40 mph and on the south end the median speed is over 30 mph. Review of the vehicular crash rep0l1s for 2005 and 2006 discloses five crashes within the community, one of which was a vehicular/bicycle crash. Given the nan-ow lanes of the Isles of Capri Boulevard which creates a lack of passing opportunities of slow moving vehicles without crossing a double yellow centerline near curves, the speed of vehicular trat1!c on the roadway, and the limited sight distance around numerous curves, it the recommendation of the Traffic Operations Departmcnt that the use of golf CaI1s on the roadways within the community be continued to be prohibited in order to assure the safety of motorists and cart operators alike. Additionally, although a separate bike/ped pathway does exist along the boulevard the pathway is not wide enough to safely allow golf carts to pass by pedestrians or cyclists without forcing one or the other ofT of the pathway. Therefore, the use of the pathway for golf carts is considered a risk for pedestlians and cyclists. r ~ Volume = 1254 Speed Limit = 30mph NB 50% = 32.4 mph SB 50% = 30.5 mph Volume = 2757 Speed Limit = 30mph EB 50% = 40.9 mph WB 50% = 42.2 mph Isles of Capri Isles of Capri Blvd. approaching a 90 degree curve. Agenda l(,"m No.1 03 ~!une ~2. 2007 Page 5 of 6 Isles of Capri Blvd. restaurant parking. -_ I Isles ofCapn Blvd. typical section. I Agenda Item No.1 OB June 12, 2007 Page 6 of 6 Isles of Capri Blvd. with parallel Bike/Ped Pathway. Isles of Capri Blvd. typical section. Agenda Item No.1 OC June 12, 2007 Page 1 of 15 EXECUTIVE SUMMARY Recommend the Board of County Commissioners consider a course of action in response to the Florida Department of Community Affairs Statement of Intent to find a portion of the EAR-based Growth Management Plan Amendments Not in Compliance OBJECTIVE: Recommend the Board of County Commissioners consider a course of action in response to the Florida Department of Community Affairs (DCA) "Statement of Intent" to find a portion of the Evaluation and Appraisal Report (EAR) based Growth Management Plan (GMP) Amendments Not in Compliance. CONSIDERATIONS: _. On January 25, 2007 the Collicr County Board of County Commissioncrs (BCC) conducted a Special Mecting and votcd unanimously to adopt EAR-based GMP Amendments. Subsequcnt to that adoption, the Florida Department of Community Affairs issued a "Statement of Intent" finding a portion of said EAR-based GMP Amendments not in compliance (see attached). Although in most instances a finding of not in compliance would appear to be a major stumbling block to growth management in Collier County, the inconsistcncies notcd by DCA in its Statcment of Intent wcre limited in scope to two specific arcas ofthe GMP. First, the DCA found the GMP Future Land Use Map series related to Section 24 in North Belle Meade and the associated text amcndments not in compliance. Second, the DCA found the response to the Objections, Recommendations and Comments (aRC) report related to the Capital Improvement Element (CIE) not in compliance. The issues associated with finding Section 24 relatcd GMP provisions not in compliance are very straightforward and succinct. In summary, the amendments pertaining to Section 24 were found not in compliance as the best available data indicated that Section 24 contains Red Cockaded Woodpeckers, that the section should be designated Sending Lands, and that Collier County has failed to conserve, appropriately use and protect wildlife habitat. The DCA cited Rule 9J-5.005(2)(a). Florida Administrative Code as the legal basis for the detelmination of not in compliance. - It should be noted that the Florida Wildlife Federation and the Collier County Audubon Society have filed a "Petition For Leave To Intervene" with respect to Section 24. The process for resolving disputes is set forth latcr in this section with other issues discussed in the "Growth Management Section" of this summary. Please note that e-mail correspondence was received from the Petitioner's attorney Thomas W. Reese, Esq. According to Mr. Reese, "[sJettlement can promptly occur ifthe county agrees to adopt the Environmental Advisory Council's recommendation which modifies/designates Section 24 on the FLUM to Sending except for the American Fal111s, golf courses, and .A..;jend8 Item NO.1 DC June 12. 2007 Page 2 of:5 built out lots which would remain designated as Neutral." Therefore, a recommendation is set forth below that requests that the BCC direct the County Manager or his assigned designee to pursue the applicable course of action to determine if it is possible to enter into a compliance agreement with regard to Section 24. Furthern10re, the County Attorney's Office (CAO) will discuss this issue with additional specificity in the "Legal Considerations" section of this summary. Next, the inconsistent provisions and suggested remedial actions associated with the Capital Improvement Element may appear more complex than the reality in addressing these inconsistencies raised by DCA. Please note that Collier County in its EAR-based GMP Amendments is essentially serving as one of the first counties to undergo the DCA's strict review, evaluation and financial analysis of what constitutes financial feasibility in the context of the ClE. In the past, what was essentially acceptable from a project synopsis format with associated revenues was no longer deemed acceptable by DCA. No local government could have anticipated what DCA would eventually detennine to be consistent with Senate Bill 360 provisions related to financial feasibility and CIEs. As the process evolved after DCA issued its Objections, Recommendations and Comments Report (aRC), it became apparent the direction DCA was headed with regard to this issue. Therefore, staff began to supply DCA with items prior to the issuance of the "Statement of Intent". However, staff was unable to meet the moving target of DCA's direction prior to the issuance of the "Statement of Intent". At this point in time it would appear that the target may still move a little bit more. Regardless, the Comprehensive Planning Department, with the assistance of numerous divisions and departments, has provided to DCA the bulk of the infonnation related to the deficiencies cited in the statement of intent and anticipates only a few more requests for supplemental infonnation. According to DCA, the inconsistencies associated with the ClE are easily resolvable. Quite frankly the work undertaken by all staffs involved to this date would indicate that the issues are resolvable but by no means have the tasks been easy as there has been an inordinate amount of staff time expended to date. Regardless, Comprehensive Planning Department staff has already provided the majority of the cited deficient items to DCA per the remedial actions cited on pages 4 and 5 of the "Statement of Intent". The word "majOlity" was used as the target continues to move a little bit and it is anticipated that DCA will require some additional data and analysis. Therefore, with some minor tweaking of the stafT's response to date, it is mostlikcly that Collier County will be able to enter into a compliance agreemcnt with DCA to remediate the inconsistencies applicable to the ClE. However, the growth managcment implications associated with HB 7203 (not signed into law by the govemor as of 5-29-07) and the upcoming property tax special session must be carcfully considered. Those growth management and property tax implications are set forth below in the "Growth Management" section of this executive sumnlary. Section I 63.3184( 16), Florida Statutes sets forth the paramcters for entering into compliance agreements when the local government, DCA and if any affectcd person who AJenda Iteni ~~o. 10C June 12. 2007 Page 3 of 15 intervenes have reached an agreement regarding specified inconsistency issues. More specifically. Section 163.3184(16). ES. states that "[a]t any time following the issuance of a notice of intent to find a ... plan amendment not in compliance..., the state land planning agency may voluntarily enter into a compliance agreement to resolve one of more of the issues in the proceedings. Affected persons who have initiated a formal proceeding or have intervened in a formal proceeding may also enter into the compliance agreement." It would appear that the inconsistencies related to the CrE as of today are resolvable. If so, and the DCA voluntarily agrees to enter into a compliance agreement, statT is seeking guidance from the BCC to pursue this statutory mechanism to bring the ClE into compliance. It should be noted that the BCC would have to act on the Compliance Agrecment and a subsequent implementing GMP amendment. Unlike the CIE, the inconsistencies sUlTounding Section 24 are more ditlicult to resolve as the interveners have expressed positions that not only contrary to the BCC's policy directive, but are also in contlict with the position of another party that chose not to intervene. Therefore, stafT is seeking guidance from the BCC regarding resolution of the dispute. Pursuant to section 163.3184( 10) (c), "the state land planning agency [DCA] shall afford an opportunity to mediate or otherwise resolve the dispute." Although the statutory provision exists pertaining to dispute resolution, staff would seek guidance from the BCC to meet with all affected parties separately to ascertain if there would be any benefit to attempt to mediate or otherwise resolve the dispute. If the dispute is incapable of being resolved, then the provisions of Sections 163.3184(10) and (11) are applicable. The notice of intent would be forwarded to the Department of Administrative Hearings. The parties to the hearing would be DCA, Collier County and the affected parties (interveners). No new issue may be alleged as a reason to find the plan amendment not in compliance unless the party asserting the new issue can show good cause for not alleging the issue in the prior allotted statutory time frame. "The local government's detem1ination shall be sustained unless it is shown by a preponderance of the evidence that the comprehensive plan or plan amendment is not in compliance." The matter will then be set for hearing before an Administrative Law Judge who will then conduct the requisite hearing in Collier County. The Administrative Law Judge will then render a recommended order to the Administration Commission for final agency action. If the Administration Commission tinds that the plan amendment is not in compliance, then the commission will specify remedial actions that bring the plan amendment into compliance. The Administration Commission can also direct state agencies to withhold state funding trom various sources. FISCAL IMPACT: The County Attomey's Office and the Comprehensive Planning Department will coordinate with the Florida Department of Community Affairs with the preparation of a compliance agreement for the Capital Improvement Element items found not in Aaenda Item !,o. 10C ~ June 12,2007 Page 4 of 1 5 compliance. The compliance agrcement for tins item will be undertaken within the context of the existing budget. The compliance issues associated with Section 24 may require additional costs depending on whether a compliance agreement can or cannot be entered into among all the parties. If not, the CAO will have to assess whether this matter can be undertaken by in-house counsel. If so, the costs will be absorbed by the CAO. If not, there will be attendant costs with hiring outside counsel. In addition, the Comprehensive Planning Department would have to absorb any costs if this item must proceed thru the Administrative Hearing process. A preliminary estimate of the costs would be a minimum of $1 0.000 upward to the $50,000 range depending on the expanse of the proceeding and the necessity for outside counsel and expert witnesses. It should be noted that this expense is not included in the Comprehensive Planning Department's FY08 budget. GROWTH MANAGEMENT IMPACT: The growth managemcnt impacts associated with Section 24 can be stated simplistically. In summary, will the BCC concur with DCA's assessment that the data and analysis supports changes to applicablc land arcas in Section 24 to Sending Lands? If so, what would be the attendant ramifications? Conversely, if the BCC does not concur with DCA's assessment that the data and analysis supports changing certain land areas in Section 24 to Sending Lands, thcn what would be the attendant ramifications? It should be noted that the Florida Wildlife Federation and Collier County Audubon Society have filed a "Petition for Leave to Intcrvene" in support of the DCA's position. The attendant ramifications for both scenarios would be explored in conjunction with meeting with the two interveners with a subsequent recommcndation on how to proceed with this matter at a future meeting of the BCe. As noted above it would appear that the inconsistencies related to the CIE are resolvable. Furthermore, if the issues are easily resolvable and the DCA voluntarily agrees to enter into a compliance agreement, staff would n0l111ally be secking guidance from the BCC to pursue this statutory mechanism to bring the ClE into compliance. As noted above, under nonnal circwnstances staff would be adamantly pursuing the BCe's direction to pursue applicable actions to enter into a compliance agreement as the issues noted in the ORC and the "Statement of Intent" should be easily resolvable. However, what appears to be easily resolvable on the surface may be adversely affected by extraneous factors that did not exist at the time of the ORC and have recently come to light during this past legislative session. As a result, the "Statement of Intent" and the requested remedial measures which appear to be relatively halmless on the surface have the potential of Collier County walking into the proverbial minelield where financial feasibility as it relates to CtmCUll'ency may not be attainable. House Bill 7203 contains provisions that allow a govel11ment to pursue a long term eoncun'eney management system wherein that govel11ment does not have to be financially feasible in any given year as long as financial feasibility is attained dming the last year of the ClE's concutl'ency management system which can be 5, 10 or 15 years, Agenda Item No. I DC June 12, 2007 ?age 5 of 15 Collier County currently has a 5 year CIE with con'espondence from DCA which allows the county to retain its existing concurrency managcmcnt system. However, the new statutory provisions applicable to any 5-year CrE allows a local government to fail to meet the financial feasibility requirement in any given year as long as financial feasibility is achieved in year five. Please note that the obvious solution to a situation where there is a failure to meet financial feasibility in ycar five would then be to establish a long telm concurrency management system of either 10 or 15 years. The BCe's policy direction is no long tenn concun'ency management system is acceptable. At this time, Collier County has revised its CIE and is fairly confident that DCA will find the "Statement of Intent" remedial actions required to meet the financially feasible CIE requirements have been substantially complied with although there may need to be some minor tweaking of the final document. Under norma] circumstances the BCC would see a forthcoming compliance agreement with a staff recommendation to approve the compliance agreement. However, these are not normal circumstances related to growth management. The State of F]orida's Legislature will mect in Special Session from June 12th through the 22nd to consider possible changes to the cxisting ad valorem property tax methodology. ]n conjunction with considering changes to property taxes, it is also possible that the Legislature may make recommendations that could affect the County's impact fee assessments for various public facilities. Therefore, what would most likely be a financially feasible CIE today under the existing statutes and the implementing Florida Administrative Code may become a financial infeasible C]E with projected revenue sources either eliminated or adversely affected. Collier County is required to provide alternative funding sources if projected revenue sources no longer exist. If Collier County is required to modify its existing ad valorem property tax structure and impact fees, it is most like]y that the funding for prospective projects in the CIE will likewise have to be modified. The sound financial planning associated with the AU]R that fonned the basis for the CIE may no longer be valid. Potentially there could be revenue shortfalls for capital projects in water, sewer, parks, drainage and solid waste dming the next five ycars. FUl1hcnnore, the long range plans for transportation, all public utilities, drainage and parks will have to be re-cvaluated to ascel1ain financial feasibility beyond year five. Please note under the CUITent CIE Collier County is not under a long term concurrency management system and statT is not recommending that alternative. However, if changes to the existing ad valorem propel1y tax structure and impact fees become a reality during the Legislature's Special Session, it would be prudent to enter into a major planning study to detennine how this ]ocal government will meet the Level of Service requirements for regulated capita] facilities and services, and more importantly how these facilities and services will be funded by Collier County. Agenda Item NO.1 DC June 12. 2007 PagE:: G of 15 LEGAL CONSIDERATIONS: Subsection 163.3184( 1 O)(c), Fla. Stat. provides the authority for alternative dispute resolution (ADR) as a result of a finding by DCA that a GMP amendment is not in compliance and any issues raised by any interveners in such a case. Subsection 163.3184(16), Fla. Stat. authorizes compliance agreements between DCA, the local government and any affccted persons who are granted intervener status. By utilizing the ADR process to achieve a settlement agreeable to all parties, costly and uncertain litigation can be avoided. RECOMMENDATION: I. That the BCC direct the County Manager or his assigned designee to pursue the applicable course of action to determine if it is possible to enter into a compliance agreement with regard to Section 24. 2, That the BCC direct the County Manager or his assigned designee pursue the applicable course of action to detem1ine if it is possible to enter into a compliance agrecment with respect to the ClE with the caveat that no compliance agreement is entered into if the action taken by the Florida Legislature results in a situation wherein the CrE is no longer financially feasible or prospective revenue is uncertain. 3. That the BCC direct the County Manager or his assigned designee to take the following immediate remedial action if the FlOlida Legislature creates a situation during the upcoming Special Session where the County's CIE is no longer financially feasible and the long tern1 prospectus for financial feasibility cannot be detern1incd with absolute celiainty: a, That staff prepares altemative financially feasible AUIRs and CIEs based on reductions in the projected revenue that may occur as a result of proposed property tax legislation and possible changes to the County's impact fee ordinances. b. That stafC if deemed appropriate, develop an RFP, which includes a detailed scope of services, for the employment of a planning consultant to determine if the goals and objectives of the proposed financially feasible 5-year C1E can be met while evaluating county long range plans for individual capital facilities/services to detcnnine if financial resources will be available to fund all items included in the long range plans.. c. That the CAO draft a countywide planning moratorium ordinance, to be considered by the BCC at future meetings with the requisite public hearings, that will be applicable to all county issued development orders until it can be determined with absolute certainty that the County will be able to meet its adopted levels of service for all capital facilities and services set fCllih in the AUJR, the CIE, and adopted county long range plans for certain capital facilities/services. Prepared by Randall J. Cohen, A1CP, Director, Comprehensive Planning Department Agenda Item No.1 DC June 12. 2007 Page 7 of 1 5 Item Number: Item Summary: Meeting Date: COLLIER COV"iTY L;()i;,r~t; ;,F C:lur;7Y ,;O~.'I,1!:;:;iO!\;Ef'.S .. '~:''''''W;' 't.-:":,, :;' : .. L.nl~ Page 1 or] kr-;('i' :1 f;;,'.'''' 1"" 'r'Ji'( I,',; ',.CC,F- C)' ,< "Y Pc" 'f',C),-,:;e -,-"'1",-1 'i,-1:[ -""I,' '11,-;- !"I"" 0- ~'.(1 ,',; ,':1'-" nf 1"(; r:'n. """(;1: I~ rrl'pan'll By FJrw~li J, Col,en ::::,nm''':Hlycll'V,,;nf'I)1Crl'& bl\/"G"'''''.'llt~: Sv v;c~s C:JtnnHJlntvPIJnrw',- "",J f':,,' de vc" ,', pn,{' rl~ ~.1. ~ rl~" lOr [;Jtc Comprer'.'ns"',, f':~""H1g ~;2b';'O['7 ~ ,2G07 PM Approved 8~ .IO~'cl,r-, r.. SC!lmitt COm''lLlnltl' Dcvclopm'-~t & !:'''-';''Jllrt''~''t~1 S<:rVlce" P_:;'lllnnrmor l-'ot(, >\ppro"ed B) CDlllmunity O"v"lo",,,,,,nt & C('''lm"",,!\, ':''''',elopm"m Ii. "-""'tI,'nr"~"tai "l' 'h"", ~"'("nm &'1':;'["", ::.;J7 PM F.n,,"o,,~wntal S ,r','c~5 k:.Y"-'r1(, S"",."rt ',"'~ \"le- Y'::cr":" ,':.1(-' C,'m'rru"'t' [',ovt,iwp:r"n:& C '1I"FJIl;tV ["'--'''''IOf:l'1 n\& ""11" 00""'''(;1",,,,1\:,1:'(;',,:;, .,.. ',n"''''t"I"".''''; ;!2iJG7';42f'r,1 "''')';:;u'g [,~t", Allpnncd B~' C.cm"nlin;'.y t'(-,,~'c\""I('n\ 8; t,"'-'ICOn''l<),H.;JIS'2r':'' ':;W.r-' "'''', An~:~.~t '-'.en",u 'I;'" ,'~'.''':T "PC'1' & [:"'",." "~':lDI o,crvIC,"', ~ '.",,;n b"",:::73'4J'^'r,1 '\I'JlTO\l'd R~ Fll~ I','.)"")";' rf Sl,,"'rt ;",,,;;ml -:-_""m'" I,t~,,.-, ':y ",m, ,., ''If,',' ;',,. 1 :~-:I(i; s.: i-",~ ,.j,,,,;,!,.,, \pllruH'll B~ ~'.'~ "j' ~,' ,''',;'''' - .."v, '''~' 07 ' "M '\ppro\'l'U Il~ he. C,-um., I,.' --,c' ",Jr,,,..c- 1'.1'::,\,",1 "j-.j< , i- .' ,j~l~l 'j,.;:", "'l ;c, r,,-"ucid ApproH'll B~ -.:,,-,'v "Olr;n <'r";,", . Agenda Item No.1 OC June 12, 2007 Page 9 of 15 STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS IN RE: COLLIER COUNTY COMPREHENSIVE PLAN AMENDMENT 07-IER AMENDING FUTURE LAND USE Docket No, 07-ER-NOI-II Ol-(A)-(N) ELEMENT MAP AND TEXT, THE CAPITAL IMPROVEMENTS ELEMENT, STATEMENT OF INTENT TO FIND COMPREHENSIVE PLAN AMENDMENTS NOT IN COMPLIANCE The Florida Department of Community Affairs (Department), pursuant to Rule 9J- 11.012(6), Florida Administrative Code, hereby issues this Statement oflntent to find the Collier County Comprehensive Plan Future Land Use Map series relating to Section 24 in North Belle Meade and the associated text amendments to the Future Land Use Element adopted by Ordinance Number 07-18, on January 25, 2007 not "in compliance", and also finds the Capital Improvements Element, adopted by Ordinance Number 07-07, on January 25, 2007, not "in compliance" based upon the Objections, Recommendations and Comments Report issued by the Department on July 28, 2006, which is hereby incorporated by reference, The Depaliment finds that the Amendments al'e not "in compliance" as defined in Section 163.3l84(1)(b), Florida Statutes, because they are not consistent with Chapter 163, Part 11, Florida Statl/tes, the State Comprehensive Plan (Chapter 187, Florida Statutes), and Rule 9J-5, Florida Administrative Code, for the following reasons: L CONSISTENCY WITH CHAPTER 163 FLORIDA STATUTES, AND RULE 9J-5, FLORIDA ADMINISTRATIVE CODE A, INCONSISTENT PROVISIONS item t-Jo. 10C June 12, 2007 ?aoe 10 of ':5 1. Ordinance No, 07-18; Future Land Use Element and Map Series Amendment: The inconsistent provisions of the Future Land Use Element and Map series pertain to changes to North Belle Meade Overlay as follows: Natural Resource Protection: The Future Land Use Map as it pertains to Scction 24, and the text changes on page 45 of the strike through and underline version of the plan as it pertains to Section 24 are not in compliance because: 1. It is intemally inconsistent with the provisions of B I .d, on page 44 of the strikethrough and underlinc version. pertaining to Rcd Cockaded Woodperkers (RCW) because the best availablc data indicatc that Section 24 contains RCW habitat and thercfore should be designated as Sending Lands consistent with the definition of Sending Lands in the County's comprchensive plan. According to thc Comprchensive plan Sending Lands "are thosc lands that have the highcst degrce of environmental value and sensitivity and gencrally include significant wetlands, uplands, and habitat for listed species". 2. The Future Land Use Map as it pCJ1ains to thc Section 24 is also inconsistent with Rule 9J-5.0 13(2)(b)4 which requircs the County to conserve, appropriately usc and protcct wildlife habitat. This is becausc the best available data indicate that RCW habitat is prcsent on Section 24 and as such thc propcrty should be designated as Sending Lands. 3. FUl1henllore. these amendments arc not "in compliance" because they fail to respond appropriately to the best available data regarding enviroJUllenta] characteristics of Section 24. Rule 9J-5.005(2)(a) FAC, rcquires the comprehcnsive plan, as well as plan amendmcnts to be bascd upon relevant and appropriate data and analyses. 2 T Agenda Item No.1 OC June 12, 2007 Page 11 of 15 [Chapter 163.3177(6)(a), (d), & (8)., Florida Statutes (F.S.); 9J-5.005(2) and (5), 9J- 5.006(3)(b)4., (3)(c)1., & 6.; 9J-5.013(2)(b)3., & 4., & (2)(c)5., 6., & 9., Florida Administrative Code (FAC)]. 2. Ordinance #: 07-07: Capital Improvements Element Chan2es: The inconsistent provisions of the Amendment under this subject heading are as follows: 1. The Schedule of Capital Improvements covers four years instead of five years as required. This is inconsistent with the requirement that local governments adopt and maintain as part of their comprehensive plan a Five-Year Schedule of Capital Improvements. 2. The funding sources for the identified improvements are not stated per year of improvement. Instead, it is stated for all the projects listed on the schedule for each type of capital facility. For example, in the case of roads, revenues will come from gas tax, impact fees, bond, carry forward, grants, developer contribution (i.e., Ave Maria), general fund, and transfers. As a result, it is not possible to determine if the project is funded by committed or planned sources in order to demonstrate the financial feasibility of the schedule. State law requires that projects be funded with committed sources of funds for years I through 3, and willl committed and or planned sources in the 4th and 5th years. 3. The projected revenues for each of the identified sources are not provided; as a result, it is not possible to demonstrate and deternline the financial feasibility of the schedule, i.e., to detennine that the County will indeed generate the funds from those sources to pay for the improvements. [Chapter 163.3164(32), 163.3177(2) & (3)(a), I 63.3177(6)(a), (c), (8), & (IO)(e), F.S., and 9J-5.005(2)(a), (c), & (e), 9J-5.006(2)(a), 9J-5.011(1)(b), (1)(1), (2)(b)1. & 2., & (2)(c)l., and 9J-5.016(1), (2), (3)(b)l, 3,4,5, (3)(c)6, & 8, and (4), and 9J-5.019(4)(c)I., F.A. C] 3 AGenda Item NO.1 DC - June '12, 2C)07 Page '12 of 15 B. Recommended remedial actions: The above inconsistencies may be remedied by taking the following actions: I. Ordinance No. 07-18: Fntnre Land Use Element and Map Series Amendment: Revise the North Belle Meade Future Land Use Overlay Map to change the land use designation for Seetion 24 from Neutral Lands to Sending Lands in order to be consistent with the Sending Lands provisions of the Plan, as well as with amended Section of the plan pertaining to Red-Cockaded Woodpeckers (RCW), (page 44) of the revised Future Land Use Element (strikethrough and underline version). At the same time, the County should delete the additional requirements and limitations imposed on development in Section 24 (page 45) of the revised Future Land Use Element (strikethrough and underline version) and treat the Section 24 Sending Land the same way as other Sending Lands in North Belle Meade. 2. Ordinance No. 07-07: Capital Improvements Element Chan!!es: I. Revise the Five -Year Schedule of Capital Improvements to cover five years as required. 2. Indicate the funding sources for each improvement included on the schedule for every year listed for that improvement. If the funds are coming li'om multiple sources, indicate the percentage of the funds for that project that will come from each stated funding source. lf a project is to be funded by State, County, or private conlIibutions, the schedule should indicate that, and in addition show the percentage that will come from each contributor. For private contributions, the agreement between the county and the private contributor that guarantees the funds should be referenced in the schedule and included as an attaclm1ent. For the lirst three years the funds must come from committed 4 r Agenda Item No.1 OC June 12, 2007 Page 13 of 15 sources while for the remaining two years it could come from committed and or planned funding sources. You could use abbreviations to denote the funding sources and provide, as a footnote, the meaning of each abbreviation. 3. Provide data and analysis projecting the revenues and expenditures of the County for each ofthe sources that will be used to fund the capital improvements listed on the schedule and covering the duration of the schedule. The projections should include a brief historical perspective of the County's ability to raise money from each source and based on that provide a projection of funds for the future. The analysis should show that thcre are sufficient funds, aftcr the expenditures are removed, to pay for the capital improvements listed on the schedule. II. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN A Inconsistent provisions. The Amendment is inconsistent with the State Comprehensive Plan goals and policies set forth in Section 187.20], Florida Statutes, including the following provisions: l. Natural Systems and Recreation Lands Goal (9)(a), Policy(b)l., 3., 4., regarding the protection of wildlife and wildlife habitats, with respect to Ordinance No. 07-] 8; and 2. Land Use Goal (I5)(a), Policy(b)2., regarding the development of a system of incentives and disincentives which encourages a separation of urban and rural land uses while protecting, among other things, wildlife habitats, with respect to Ordinance No. 07- ]8; and 3. Public Facilities Goal (17)(a), Policies (b)6, & 9, regarding the provision of public facilities, with respect to Ordinance No. 07-07. B. Recommended remedial action. These inconsistencies may be remedied by revising the Amendment as described earlier in this statement of intent. 5 Agen:Ja Item No.1 DC J~jne 12 2007 ~"J(1ge14of15 CONCLUSIONS I. The Amendment is not consistent with the State Comprehensive Plan. 2. The Amendment is not consistent with Chapter 9J-5, Florida Administrative Code. 3. The Amendment is not consistent with the requirements of Chapter 163, Part II, Florida Statutes. 4. The Amendment is not "in compliance," as defined in Section 163.3184(1 )(b) Florida Statutes. 5. In order to bring the Comprehensive Plan amendment into compliance, the County may complete the recommended remedial actions described above or adopt other rcmedial actions that eliminate the inconsistencies. Executed this ~ day of May 2007, at Tallahassee, FIOlida. Mike McDaniel, Chiet~ Comprehensive Planning Division of Community Planning Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 6 . Agenda Item No.1 OC June 12. 2007 Page 15 of 15 7 Agenda Item No.1 00 June 12, 2007 Page 1 of 5 EXECUTIVE SUMMARY Providing requested information about potential for contributing $500,000 from Conservation Collier funds to assist the City of Naples in building trail and bridge on City -owned land as part of the Gordon River Greenway. OBJECTIVE: To determine the potential for contributing $500,000 from Conservation Collier funds to assist the City of Naples in building a trail and bridge (public access amenities) on city-owned lands as part of the Gordon River Greenway (City of Naples conceptual plan - Figure 1). ..- Questions/Answers: o Can Conservation Collier Program (Program) funds be used for development of public amenities on lands not owned by Collier County7 The Conservation Collier ordinance (2002-63) does not contemplate providing funds for deveiopment of amenities on lands not acquired by the Program. The ordinance does allow the Program to acquire and manage iands jointly with municipalities in accordance with an approved mutual written agreement! management plan(Sec 6. 3.. h) (Section 14.6). Placement of public access amenities and corresponding expenditures by Conservation Collier could be approved by the Board in a management plan. o . Can a mangement plan be approved for lands not owned by the Program? The ordinance does contemplate cooperative management arrangements with other agencies and entities in keeping with the goals of Conservation Collier. It does require that all approved management plans be consistent with the purposes identified in the ordinance. City lands within the Gordon River Greenway have zoning designations variously as conservation, public and semi-public institutina/ and leasedAirport lands (City of Napies Zoning map-Figure 2). Future land use maps identify these lands as Conservation, Pianned Development, Public Service and Airport (City of Naples Future Land Use map - Figure 3). It is not known whether uses of these lands can be made consistent with the Conservation Collier ordinance. o Could Collier County acquire an easement over lands owned by another entity and provide management in order to develop a management plan and use Conservation Collier funds for amenities? This may be possible. o Could a unified management plan for the Gordon River Greenway be used for Board approval to use management funds? This may be possible barring any restrictive covenants placed on lands owned or controlled by the City of Naples that are part of the Gordon River Greenway. o Which Trust Fund - Land Acquisition Trust Fund (172) or Management Trust Fund (174) - could potentially be used, if any, to pay for public access amenities under an approved management plan? The Land Acquisition Trust Fund (172) would be used to provide public access or public recreational facilities (Sect 6.3.e.). FISCAL IMPACT: The proposed cost of the contribution by Conservation Collier is $500,000. The Land Acquisition Trust Fund (172) currently has approximately $24 million available and another $8 million in reserves. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. LEGAL CONSIDERATIONS: ..-. RECOMMENDATION: That in order to offer potential for funding from the Conservation Collier Land Acquisition Trust Fund for public access amenities on City-owned lands within the Gordon River Greenway, the Board of County Commissioners first determine willingness on the part of the City of Naples to place these lands under conservation easement in favor of Collier County and to also place these lands under one unified management plan for the entire Gordon River Greenway consistent with the goals of the Conservation Collier Program, to be administered under a cooperative arrangement by the City of Naples and Collier County. PREPARED BY: Alexandra J. Sulecki, Sr. Environmental Specialist, Facilities Management Oept. Agenda Item No.1 00 June 12, 2007 Page 2 of 5 Figure 1 - City of Naples Conceptual Plan ..:\gsnda :tem ~~o, 100 J "ne j 2. 2007 Pc!ge 3 of 5 Figure 2 - City of Naples Zoning Map < il ;- 2 .::z A ~l ~ ';: ~ ~ ;; , i " :;1 I '" .. . tl ~; I 1 \(!' iii ',: :l~ - h :!; - ~ ~.~; hi ' r r: ~jl i ~ ~ I 1i!1\..'\'!I!' -Irb.."~ .. , !~ii~ i~ ~~. ~~I~"ii I) 1'8 '~J,[0 'i";:-.". ~ ''" "'~ ~I~ , ill'~ " . '~ " I'~ I II l'Iri=\r'1I" :::.:. h.,r /', 1'1 "'.a tic: ~'~. '...J' h 't~~3 g~ 'ti, ~~~,:, ,'\ \ '~:~}i~3r, ;:;~-:~--~~ ~I "~.' ;;1 I"." .\...., J I \:':~l ~:j, ti,~ l~~ ,I ;;j i~L~'l ~ ~L 'l~ C=; I '~ .d., I 'I " I ! ;., r.,r:i' ':'.;:'. l I il <1'"<'" "";'i!'!llll'l 1.., 'j 1j!J~lHn.;iU~I~;!.~~;~_ d. ; . .' t. j 'r ~" ~ '.", , :" , -" ~ . , . . . ~ ,-. . ~ ,. r 1. t ," !OJD II, ;DDllJIDllJ~LIlIODDDIIII]jDI1J , .,.- .,' , , -.""--------1" ;j .. .~I II 3 T Figure 3 - City of Naples Future Land Use Map Agenda Item No.1 00 June 12,2007 Page 4 of 5 ,Si ~ii~i;.::~~~~!7~:::. Frn"R.E UL"""D 1'5E .100~ \l",~ ~ C;T'" 0"" "j.,,=LEZ, "'~::::. :'~ 4 l~-:-,'....Q; (. (.~' I) Item Number: Item Summary: Meeting Date: COLLIER COU'<TY B(lARL OF CGlH.:1\' CG:,1M:SSior;i:I':S II~ ~c'nj;'-;,;cn ",c'er", :l1r' r.,'!~\ """1;'1(; ,:"",;j;"'J":'"UF,';W(I"lf.:'.;l'Ilc;;'(", .,:;j~' :'C:";-"l'.a: '0' ~"ntrrl)ul'n'1 :::;D.. Qur: I"u'" ~:G "i.'cl,a (1)" CJI,er 'UIl:J5 Ie ;]s~"sl :r'0 C:\j' o( I.,' <r,!es ,,-, b,;rIJI'"\; t"i)'! ,.~:-'d rYl~(H" on.: -r'wr.,..,J dr'c! Jb ~,'r1 of the C,8[,jor' "!,ver Gret<llway . ;8> '0,,_1'0:;1<,1 i-'r." Ir,c; C:"'IcQ:lt:'(O"ilJ: :. ~ ',t .. "~'YJ; (, DI) ():J :d'~ r),lle .-\pprovedBy [brnonGOllZi,I' A(lminisl'3t'V,"" $cc'v,"es Iflt""'n r. ',,:ilaiC", ~i:~""g(', ~a,.,I't;us M~n~Qcl11"nl 5.'fC:20Q71210f'M t),l!Q App r""l'd Il~ len (;old"n f'ncc t.drn''''~tc"tl''c ,..~'rVI~QS /l.dmi'''s''~llv,-, Se,' 'c~, AUmlnlst,~wr A,lm'n:,lTJtivE S" '."~"S AdrlllOl :.'1Ci:C071.07 PM [J.lte Approvcd By .;.lrT"";V.1.'uctd [-"o"rciql':;'wnty c:o""""';"''''cs ~(JLjnt}' ~.b",'']~, CCllnL ~,b,]],,,,c'S (j<",o :;116:'~,)Q7 ~ 56 f'M lofl Agenda Item NO.1 OE June 12, 2007 Page 1 of 14 EXECUTIVE SUMMARY Request to Continue Growth Management Plan Amendment Petitions CP-2005-3 and CP-2005-4 from the 2005 Cycle of Plan Amendments to the 2006 Cycle. OBJECTIVE: For the Board of County Commissioners to consider a request by the petition agent, Tim Ferguson, to continue the petitions from the 2005 cycle of Plan amendments to the 2006 cycle. CONSIDERATIONS: At the May 23, 2007 carryover of the May 22 BCC hearing, Mr. Ferguson requested the BCC to continue the two referenced Growth Management Plan (GMP) amendment petitions to the next [2006] GMP amendment cycle - despite having clearly withdrawn both petitions at the March 5, 2007 CCPC hearing, as noted later - and suggested that he was "forced" by the CCPC chailman to withdraw the petitions, or have them acted upon at the March 5 hearing. After input from County Manager Jim Mudd, the Board directed staff to return at June 12 BCC hearing to provide full details. The referenced GMP amendment petitions were submitted to the Comprehensive Planning Department in April 2005. Petition CP-2005-3 was for a 5.17-acre parcel located at the southeast comer of Immokalee Road and Wilson Blvd. The request was for a maximum of 40,000 square feet of commercial uses (oftice, retail and service uses), and also included conditional uses of the residential zoning districts. Petition CP-2005-4 was for :t5 acres located at the northeast comer of Livingston Road and Golden Gate Parkway. The request was for a maximum of 40,000 square feet of office uses. Agents for both petitions were Ron Nino of Vanasse Daylor and Tim Ferguson of Ferguson Law Group. After thorough review, staff prepared the CCPC staff repOli for each petJtJon. Both were recommended for denial based upon several factors, including inadequate data and analysis to support the requests as required by the Florida Administrative Code. It is, and always has been, the petitioner's burden to provide adequate data and analysis to justify and suppOli the petition. [attached, please find a doeument titled Comprehellsive PiLl/! Amelldmellt Data alld Allalysis Requirement] /"". The petitions were advertised for the March 5, 2007 hearing before the Collier County Planning Commission (CCPC). At that March 5 hearing, Mr. Ferguson requested a continuance of both petitions to the next cycle of GMP amendments. In response to the CCPC chairman, staff advised that such a request would be viewed as a withdrawal. The CCPC chaimlan asked Mr. Ferguson if he wished to withdraw the petition or have it heard that day. Mr. Ferguson replied the changes to the petitions would be minor, implied the petition fees paid should be adequate to cover the expense for the new staff reviews, and stated there was inadequate time to respond to the staff reports, Joe Schmitt, CDES Administrator, advised that Mr. Ferguson could request the petitions be continued to a later hearing date for the 2005 cycle petitions, so long as any changes to be made were not substantial (due to the volume of petitions, several CCPC hearing dates were set aside for the 2005 cycle; the CCPC held hearings solely on the 2005 cycle on March 5, 22 and 29). Mr. Ferguson did not request such a continuance to a later March date, and Aaemia item No. '!OE - June 12, 2007 Page 2 of 14 specifically responded to the CCPC chainnan, "if there's going to be no continuance, we'll withdraw." Subsequent discussion revealed clearly that Mr. Ferguson withdrew both petitions, and he even noted withdrawal was requested in an email to staff (though stafT notes the email requests both a continuance to March 22, and to a later GMP amendment cycle), Staff does not agree that the agent was "forced" to withdraw the petition, [attached, please find pages 4-8 of the March 5, 2007 CCPC minutes; alld, a 3/5/07 email fi'om Ralldall Cohell, fiJrther articulatillg staff's position that a continuance to another cycle is viewed as withdrawal, which includes a 3/2/07 email fi'om Mr. Robin Meyer at Vanasse Daylor requesting continuance to March 22 CCPC hearing if continuallce to another cycle cannot be done] Note: Unlike rezone petitions and other land use petitions routinely reviewed by the BCC, and sometimes continued for a period of a few weeks and/or remanded back to the CCPC for review, GMP amendments such as these are statutorily restricted to two adoptions per year; thus, a simple continuance for a few weeks is not an option, all such GMP amendment petitions must be adopted on the same date as a single cycle. Staff notes the County's fee resolution includes no provlSton for full or partial refund. Historically, staff has issued a [full] refund if a petition is withdrawn prior to staff commencing the mandated review for sufficiency; prior to that review, minimal staff time is expended in processing a petition (i.e., assigning a petition number, preparing a fee receipt, preparing a processing letter), Staff also notes there were dozens of persons in attendance at the March 5 hearing interested in (and we believe opposed to) most of the seven GMP amendment petitions for properties in Golden Gate Estates; both petitions are for properties located in Golden Gate Estates, Specific to petition CP-2005-4, there was a large tUl110ut at the Neighborhood Infonnation Meeting and most of those that voiced an opinion were opposed. In April 2007, petition CP-2005-3 was re-submitted by the same agents for the 2007 cycle of GMP amendments requesting the same uses and standards but with some updated and/or additional data and analysis, and Mr. Ferguson noted that the petition fee was paid under protest. The BCC has three options: 1. Take no action, The effect would be petition CP-2005-3, re-submitted in the 2007 cycle, would be reviewed in that cycle and the 2007 fee kept by the County to cover costs for that review; petition CP-2005-4 could be re-submitted as a new petition, with new/updated suppOli data, in the next (2008) or some other future cycle, including the required fee. 2. Agree to the petitioner's request and allow the "un-withdrawal" of the two petitions and "continue" both petitions to either the 2006 or 2007 or 2008 cycles, allow new/updated data and analysis to be submitted and other petition changes, and not require new fees. In effect, this would allow new petitions to be submitted but without payment of petition fees. 3. Same as #2 - in effect, allow late submittal for either 2006 or 2007 cycle - except require payment of petition fees. Due to the backlog of amendment petitions, a "continuance" to, or allowed late submittal in, either the 2006 or 2007 cycles would not delay either amendment cycle. FISCAL IMPACT: Options #1 and 3 above would have no fiscal impact as the petition fees would be submitted as required. Ifthe BCC grants a continuance of these petitions per option #2 2 Agenda Item No.1 OE June 12.2007 Page 3 of ~i4 above, meaning the petitioner is not required to submit new petitions with fees, then the iiscal impact would be the GMP amendment petition fees of$33,400 ($16,700 x 2 petitions). GROWTH MANAGEMENT IMPACT: This policy decision has no GMP impact. LEGAL CONSIDERATIONS: The County Attorney's Office has reviewed this Executive Summary. This is a policy decision within the Board's discretion. RECOMMENDATION: That the Board not grant the request for a continuance; that is, not choose option #2, rather choose either option #1 or #3. Prepared by: David Weeks, AICP, Comprehensive Planning Manager Comprehensive Planning Department, CDES Division CP.05-3&4 ExSum 6-12-07 Bce - request for continuance to next GMPA cycle G: Camp/Camp Plan GMP Data/Camp Plan Amendmenls\2005 petitions dw!6-1-07 3 Page 1 or I AqendilltOri 1\)0 12 .1of14 COLLIER COUNTY EOARO OF COUN1Y Car"MISSIOljEF~S ltemNumber: Item Summary: ')E j:::Cqu<:'SI tu C.:::rlll',ue Growth 1/dn;)g,,!TH]ll~ Piow A:'" WJiTl8nl PHi'_'~n5 CF',,~'UO,;.:: a:ld AIUJm InE- =OO~; C:'1Cie of rJlclrl j,'ll<,;~dlllen'5 In Ih:; :'CC-6 Cj'l:ie iloSE':Jh f< SC~i:lllt: i,jrr;II!'Str8tor Meeting Date: ::D:nrrlun,'y l.level'~prn,'ntJ (:'11:.','200'7;'00 OC {,M Prepared By David Wed''', Ale? ChiofPianner D~te Community DevcloplTlOnt& Envirt!l1m"ntaIS"n.Ilces CO'llprehe!1sl-,ePlanning 5/31/2007 5461f, PM Approved By J05PphK, Schmitt Cammunily Duvelopment & E,1VlrOlltlwntai Servjees Adminstrat"r D"le Community Development & EnvironmernalServlces Community DevelDllment & Environmental S"rvice"Admin. 61112Cl072 WPM Approl'pd 8y OMB Coorclin~tor U~mCoNdinator Dat" COlmtyl,1~n'.ger'" onic" Gt!<ceof',1arl"gelnent & Bud(let \i/~:2007 3.38 Plc1 Appruved By hllUY '$~ckS()r1 Budgel Analyst Date CDunty Mar139"(s Office omc," of r-/Lll!1:lg~l1l!!nt & 8Lld!J"t fi/S:2J0710,52 ,1M Approved B)' J;,mesV Mudd County M,m:!ger D.1te BoardofCqunty Co"""i,Sloner,. C "u nly t{ a na (I'" r'~; Offl CB 51&120071.54P'.1 AGENDA TRANSMITTAL SLIP I ~ /".<~enda Item ~~o, 1 JE - JurE:; '12. 2007 PAGe:=;!)f 14 Agenda Item #10 Date Submitted: 5/31/07 Requested Agenda Date: 6/12/07 APPROPRIATE HEADING (CIRCLE ONE) (1) Invocation and Pledge of Allegiance (2) Agenda and Minutes (3) Service Awards (4) Proclamations (5) Presentations (6) Public Petitions (7) Board of Zoning Appeals (8) Advertised Public Hearings (9) Board of County Commissioners X -.J (10) Count Manaqer's Report (11) Public Comments on General Topics 12) County Attorney's Report L (13) Other Constitutional Officers (14) Airport Authority (15) Staff and Cornmission General Communications (16) Consent Agenda I U (17) Summary Agenda Requested by: Date: 5/31/07 Reviewed by: Date: 5/31/07 David Weeks, AICP, Com prehensive Planning Manager Division Head: Date: 5/31/07 Randall Cohen, AICP, Comprehensive Planning Director County Manager: Date: Joseph K. Schmitt, CDES Administrator Item Title: COMMISSIONER REQUEST TO OPEN THE 2005 CYCLE OF GROWTH MANAGEMENT PLAN AMENDMENTS TO ALLOW A 2006 CYCLE PETITION TO BE MOVED INTO THE 2005 CYCLE, List of Documents Attached: 1. Executive Summary (required) 3. March 5, 2007 CCPC Minutes 5. 2. Data & Analysis Requirements for GMP Amendment 4. March 5, 2007 Email AGENDA TRANSMITTAL SLIP I ~ Agenda Item # Date Submitted: Requested Agenda Date: APPROPRIATE HEADING (CIRCLE ONE) (1) Invocation and Pledge of Allegiance (2) Agenda and Minutes (3) Service Awards (4) Proclamations (5) Presentations (6) Public Petitions (7) Board of Zoning Appeals (8) Advertised Public Hearings (9) Board of County Commissioners (10) County Manager's Report (11) Public Comments on General Topics (12) County Attorney's Report (13) Other Constitutional Officers L (14) Airport Authority (15) Staff and Commission GeneralCom mun ications U (16) Consent Agenda U (17) Summary Agenda Requested by: Date: Reviewed by: Date: Division Head: Date: County Manager: Date: Item Title: List of Documents Attached: 1. Executive Summary (required) 3. 5. 2. 4. , Agenda Item NO.1 OE June 12. 2007 Page 6 of 14 COMPREHENSIVE PLAN AMENDMENT DATA AND ANALYSIS REQUIREMENT Chapter 9J-5, Florida Administrative Code (FAC), "Minimum Criteria for Review of Local Government Comprehensive Plans and Plan Amendments, Evaluation and Appraisal Reports, Land Development Regulations and Determinations of Compliance" sets forth the minimum data and analysis requirement for compreh~nsive plan amendments. More specifically, Section 9J-5.005 "General Requirements" delineates criteria for plan amendments in sub-section 9J-5.005 (2) "Data and Analysis Requirements." Sub-section 9J-5.005(2) states in part that "All goals, objectives, standards, findings and conclusions within the comprehensive plan and its support documents, and within plan amendments and its support documents, shall be based upon relevant and appropriate data and analysis applicable to each element. To be based upon data means to rcact to it in an appropriate way and to the extent necessary indicatcd by the data available on that particular subject at thc time of adoption of the plan or plan amendment at issue.. . the Department will review each comprehensivc plan [amendment] for thc purpose of dctem1ining whether the plan [amendment] is based on data and analyses dcscribed in this Chapter and whethcr data were collccted and applicd in a profcssionally acceptable manner." It is incumbent upon all applicants requesting comprehensive plan amendments to provide supporting data and analyses in conjunction with any relevant support documents. It is not the responsibility of Collier County staff to gcnerate data and analysis for the applicant, although it is staffs responsibility to identify any obvious shortcomings in the data and analyscs during the sufficiency rcview proccss and to request additional infom1ation that is deemed essential in the review of the submitted request for a plan amendment, e.g. a missing market study. Any outstanding deficiencies with rcspect to data and analyses that may remain at the timc of any rcquisite public hcaring arc the rcsponsibility of the applicant. A detailed synopsis of the adequacy of the data and analysis for the subject plan. All petitioners should be well awarc of the data and analysis requirements for Comprchensive Plan Amendments. It is not up to staff to detcnnine why an agent would submit inadequate data and analysis with an application for a plan an1endment. In some instances adequatc data and analysis may not cxist. In others it is possible that the petitioner was unable to complete the requisite data and analysis and submitted the application hoping for approval as submitted or with thc intent to supplement the application prior to the adoption public hearings. Thc last possibility is a petitioner may not be aware of what constitutes adequatc data and analysis. With respcct to the last possibility, it is not up to slafT to explain to an uninformcd or inadequately prepared petitioner thc requirements of 9J-5, F AC. Rule 9J -5, F AC contains legal provisions and comprehcnsive planning staff cannot providc what might be construed as legal advice. The last thing that needs to transpire is for comprehcnsive planning staff to be accused of the unlicensed practice of law and sanctions by The Florida Bar. ~.gencta Item NO.1 OE JJ:l8 12. 2007 Page 7 of 14 Regardless of lhc three aforemcntioned possibilities with respect to data and analysis, it is not incumbent on staff 10 detcrmine what a petitioncr thinks is adequate data and analysis and why the petitioner has not submitted adequate data and analysis. The law regarding adequate data and analysis is quite clear and has been for 22 ycars. In 1985 thc state enacted lhe "Local Government Comprehensive Planning and Land Development Regulation Act." As codified in section 163.3177(6) (a), the rcquirement for future land use elements and maps are quite clcar whcrein lhe plan and thus future amendments must be based upon studies and data regarding the arca. Subsequenl to the passing of the Act in 1985, Rule 9J-5.005(2) (a), Florida Administrative Code was enacled 10 implement the Acl wherein this provision explicitly states thal plan amcndmcnts must be based upon relevant and appropriale data and analysis. The interpretation of what constitutcs sound dala and analysis evolved with the initial submittal of Comprehensive Plans for the early submittal county and its citics in 1988. That county was Brcvard County. In 1989 the rest of the counties and municipalities in lhe state submitted their rcspective comprehcnsivc plans. Therefore, lhere is 18 years of DCA's guidancc as to what constitutes acceptable data and analysis. Several petitioners and a few mcmbers of the eepc intimated lhat it is staffs responsibility to advise petitioners when their data and analysis is inadequate. That position articulated by the CCPC is perplcxing as the guidance is already set forth in the Florida Administrative Code. Sometimes pctitioncrs go above and beyond 10 providc dala and analyses for a petition for a land use plan amendment in ordcr to justify the requcsled change. County stafT has no idea what a petitioner has available with respect to dala and analysis and certain petitioners and some members of the CCPC were in esscnce asking staff 10 step into the shoes of the pctitioncr. The staff is a revicwer and by no means should thc staff be required 10 go back and forth in perpctuity to address pctitions lhat do not have adcquate data and analysis. This is unfair to other petitioners that have eonfon11ed wilh the Florida Administrative Code, and pcrpetual revicw would delay lhe process and not afford thc counly to establish transmittal and adoplion dates wilh ccrlainty. The assertions by ccrtain petitioners and a fcw mcmbers ofthc cepc intimating that stafT should be stepping into the shocs of an applicant are not warranted. Moreover, any petitioner blaming the staff 1(". its inadequale submittal data and analysis cannot blame the staff as the requiremcnls have bccn establishcd per the Florida Adminislrative Code as set forth above. GMPA Data and Analysis Requirements 5-31-07 G: ComplComp Planning GMP OATAIComp Plan Amendments rc-dw/5-31-07 I Agenda Item NO.1 OE June 12, 2007 MarcFff''5',2160''7 If we get through those seven today, thosl are the only seven that will be heard tQday. So if you're interested i,~ny of the others, and there are 16 Qf them cQming thrQugh at thi~lime, those after that number seven will start to be heard on the.'22nd of March. Now, with that in mind, we'll gQ on/o the changes that have occurred. And the first one, the four-acre change to commercial on the CQrner Qf Weber and GQlden Gate Boulevard. And I'll need staff to just acknowledge the record that this is consistent with what I believe I received, That Qne has bee{l withdrawn, It will not be heard x today. And the staff member who ;was in charge was Mike BQsi. And Mike, I dQn't see him here. Is thet'e any debate on that, Mr. Schmitt? MR. SCHMITT: We recei{ed notification from the applicant. The applicant's agent is here, I;lb can confirm that. But I will confirm receipt in e-mail that it's beep' cancelled and withdrawn from this cycle. That's CP-2005-1. if CHAIRMAN STRAIN: Mr. Hernandez is the applicant's representative. If either. fie or some other member would like to just . cQnfilID on the mic thai that is the case. I understand you're on crutches. If you canjt;st yell, we can hear it. MR. HERNAJ'4DEZ: Yes, sir, it's been withdrawn. CHAIRMAN STRAIN: The court repQrter -- thank you. I was approached by the agent for applicant -- the application number three and number four, the one for Wilson and Immokalee Road and the one for Golden Gate Parkway and Livingston Road. The applicant has asked for a continuance. The applicant's agent has. And that was Mr. Ferguson. I'd like Mr. FergusQn to approach the lruC, if he could. MR. FERGUSON: For the record, Tim Ferguson. CHAIRMAN STRAIN: Can you repeat what you'd like to see happen with items three and four? MR. FERGUSON: My request for items three and fQur is they be continued tQ the next cycle. Page 4 P.gsnda !t~m No.1 OE J~J:le 12, 2007 MarclrB,92D07 CHAIRMAN STRAIN: Okay. Now, as far as staffs reaction to that, county attorney's reaction, if any. I need to understand from staffs perspective what kind of impact that has and what it means to staff. And the timing as well. MR. WEEKS: For the record, David Weeks, planning manager in the comprehensive planning department. Commissioners, a continuance to the next cycle is viewed by staff as a withdrawal. New data will have to be submitted. The petition will have to be reviewed completely all over again. In our opinion, it would be completely inappropriate for the taxpayers to have to pay for that. That's should be the petitioner's. CHAIRMAN STRAIN: Mr. Ferguson, are you willing to -- do you want to withdraw then or do you want to continue it today? MR. FERGUSON: Well, in response to that comment, you know, my client's paid $16,800 to have this reviewed. The applications will be substantially the same as they already are. Minor changes to the application. We believe that after two years of wait that we should have the same two years to be able tQ get this done. I mean, we've had two days since -- we had two days to respond to the staff reports in two years, and we just think that's a lack of due process. And we n with all due respect, we understand staffs, you know, problems with being able to, you know, get to these. But on the other side we think that it's only, you know, fair and due process to allow us to continue to the next cycle. CHAIRMAN STRAIN: Well, we're going to stmt taking apart your comments piece by piece so we can understand how it applies, Now, as far as staff and the county attorney, I'm assuming that the request -- that this becQmes a withdraw is something you agree with from staffs perspective? MS. STUDENT-STIRLING: I dQ agree with that. I -- because it would have to be reevaluated again, and this isn't like a rezone or Paoe 5 to , !' Agenda Item I~o. 10E June 12 2007 Maretil'5; CWlJ7 really a quasi judicial thing, so I'm not sure hQW due process gets involved. This is something that the planning commission and the board, upon the planning commission's recQmmendation, looks at the PUD in our legislative document, which is our comprehensive plan. And I can certainly understand that conditions change over time and staff would have to have another look and revaluation of it, so I'm in agreement with staff. CHAIRMAN STRAIN: Okay, Mr. Schmidt, Corby Schmidt, member of staff, can you tell me when you sent the staff report to the petitioner? MR. WEEKS: I can answer that. CHAIRMAN STRAIN: Okay, Mr. Weeks? MR. SCHMIDT: Or Mr. Weeks. MR. WEEKS: They were sent on Monday, I believe that was the 26th of February. CHAIRMAN STRAIN: The same day we received them. MR. \VEEKS: You received them that day. We sent ours by e-mail, so instantaneous. One or two I think was sent on Saturday, but most were sent on Monday, which would be exactly one week from tQday. And I need to be clear, I'm specifically refelTing tQ the first seven agenda items. CHAIRMAN STRAIN: When you said Saturday, you mean the Saturday prior to last Monday, not Saturday two days ago. MR. WEEKS: COlTect. MR. SCHMITT: Mr. Chairman, can I offer? CHAIRMAN STRAIN: Yes, sir. MR. SCHMITT: If the petitioner does not want to wait till the next cycle, they can continue it for a hearing later in this cycle. Of CQurse we dQ have subsequent hearings scheduled later in March. But if there is a substantial change to this, and I think the -- I WQuld ask Page 6 Ac-end-3 li<:::'ill r'Jo. 10E ~ JUri-S 12.2007 MarEhJ5; 2'OCf7 the petitioner what is going to change and if it's a substantial change, it is in fact a reapplication. CHAIRMAN STRAIN: The other issue I need to ask the applicant then is are you wanting to withdraw this, or are you still wanting -- think you're going -- you're not going to continue it with this meeting here today, you want to withdraw it? MR. FERGUSON: If there's going to be no continuance, we'll withdraw. CHAIRMAN STRAIN: Okay. Are you speaking on behalf of CP-2005-3 and CP-2005-4? MR. FERGUSON: That's correct. CHAIRMAN STRAIN: So you're withdrawing both three and four. Ms. Student, is that sufficient enough for a withdraw? MS. STUDENT-STIRLING: I believe it is. I'll ask staff if it's sufficient for their purposes. Are the statements on the record sufficient for staffs purposes to constitute a withdraw, or do we also want to have that followed by something in writing? I think: maybe it would be good to also have a letter to follow that up from the applicant's agent. MR. WEEKS: I think it would be preferable to have it in writing from the agent. MR. FERGUSON: Well, we already have an e-mail to you. Is that going to be sufficient? MR. WEEKS: Is that for the same two petitions, three and four? MR. FERGUSON: Yes. MR. \VEEKS: That would be sufficient, thank: you. CHAIRMAN STRAIN: So for the public's benefit, what has just now happened, we have three out of the seven that will not be heard today. We will not be talking about Weber and Golden Gate BQulevard, it's been withdrawn. We will not be talking about Wilson and ImmQkalee Road, it's Page 7 T Agenda Item NO.1 OE June 12, 2007 P\lqP 10 oJ: 1" Marcri 5, Lu07 been withdrawn. And we will not be talking about Golden Gate Parkway and Livingston RQad, that has been withdrawn. ThQse three applications are no longer on the table, they're off the agenda, they're not at this time applied for as a comprehensive plan amendment. So if you're here for any of those items, we will not be hearing them. And as soon as the room has time to clear, will give it a few minutes and we'll continue. ,/ Okay, now we can go on with the rest of tIte agenda. We still have four petitions left. / The first one that we will hear is CP-200S-2, and it is for Golden Gate BQulevard and Wilson. It's an amendment to the Golden Gate Area Master Plan for an additional 60,000 square feet at the intersection of Golden Gate Boulevard and Wilson on an approximately seven-acre site, Mr. Weeks, what's the normal way you'd like to proceed in this? I'm assuming you want the applicant's presentatiQn first? Occasionally staff has an overall discussion they want tQ provide to us. It's your latitude at this point. MR. WEEKS: Thank you. And I would like to make a few general comments before we proceed with specific petitions. And Commissioners, your protQcol is that the petitioner would go first in presenting their request, and then staff would present the staff report, and of course question~:and dialogue throughout the process. First is just to make sure that everyone is aware, and most particularly the audience, that specifically the purpose of today's hearings are to discuss Grmvth Management Plan amendments, rezoning for conditional uses or other types of petitions that typically are on your agendas. SecQndly, this is the transmittal hearing. Growth Management Plan amendments such as these go through two sets of hearings: Page 8 ;\q2nda f<i\MJvof:'t ~ June 12,2007 Pa;i8 12. of i ,4 weeks_d -..---..--..---------- .-. _.__._-,~ -- --~--- _._.~ . .---., _...__._--~_.- From: Cohen Randall Sent: Monday, March 05, 2007 7:45 AM To: weeks_d; MoscaMichele; SchmidtCorby; 'rmeyer@vanday.com'; 'ferglaw@earthlink.net' Cc: SchmlttJoseph Subject: RE: Continuance Request Part" CP-2005-3 & 4 David: You are correct that these items \,....ould require a new submittal and new fees if withdrawn. Mr. Meyer needs to specify his intent as action will be taken by the CCPC to either withdraw the pefltions or to continue the review by the CCPC to a date specific. His correspondence first indicates that he would like to withdraw the petitions and then he notes the possibility of a continuation until March 22, 2007. Our meeting dates for the cepc are static with specific BCC transmittal public hearings that are cast in stone. Thus, these petitions cannot be indefinitely continued or continued to a date that is convenient to a petitioner if it adversely affects the BCC transmittal public hearing dates or the anticipated schedule of the cepe with regard io the review of the 05 amendments. As you are aware the 06 cycle is 110'.'.1 closed which would resu!l in the agent for tlie subject properties having to resubmit. With any new submittal, which will have a change in circumstances that will occur associated with time, new studies. etc., there are attendant costs livhich you enumerated be)mv lJ'I'hich would run with the review and presentation of the petitions that would be forthcoming in a future cycle. By no means will this be treated as a continuance to a new cycle. If the applicant chooses to Withdraw his petition Collier County should be notified acccrdingly. Your points are well taken that from a review perspective that the staff r-eview would be starting over and aJ! casts will be incurred by any future applicant in a GMt=' amendment cycl-9. Randy From: weeks_d Sent: Sunday, March 04, 2007 3:41 PM To: r"'oscaMichele; SchmidtCorby; 'rmeyer@vanday.com'; 'ferglaw@earthlink.net' Cc: Cohen Randall Subject: RE: Continuance Request Part II CP-200S- 3 & 4 ~obin, On 3/5 y'ou mEY request 2 GCHlti:luancc to r/iarch 22; It is up to cepe to ac:t on such a request - sia.ff cannot gra.nt It. Continuing to a future cycie would be viev_'ed by staff 23 a wlthdr'3wal, therefore requiring new submittal and new fees. In the new cycie, even if proposed text and/or map chang2s to th"3 GfviP sre not revised from the present submittal, the petition would have to be revised to include latest envil.onmental and traffic impact iniormation, corn'l n,;-eds assessment/mal'ket stud;l, possibly Other data and analysis updates, ne'lv sufficiency reviews by staff. new sutlslantiv'3 reviews by staif, nel:\! r.JII\~ meeting held, new legal ads for cepe & Bee hS3rings, new staff reviews and report prepar3tlon, etc. - st':-:li1lng all over. The costs for the s~aff ~svie\f/s, elc. in that next c}'cle should be covered by pei:iicmer, not g-3n'2ral i2):;:'2yers. t\~J, thjs is not spelled out in any Drjinance or other adopted cocument that j kn,;)v,' of. David Weeks, AJCP, Planning M2n~ger Collier County Government Community Development & Environnlsntal Serv'~~~ Di\'lSion Comprehensive Planning DC~}2rtmeilt 2800 North Horseshoe Drive l~aples, FL 34104 phone: 239-403-2306 fax: 2:19-2-13-2946 emai 1: d,'i'J c;r",--" Ii. T>:'f. 5/31/2007 I Agenda li'~eNbofck June 12. 2007 Page 14 of 14 From: MoscaMichele Sent: Friday, March 02, 2007 4:32 PM To: weeks_d; SchmidtCorby Subject: FW: Continuance Request Part II CP-200S-3 & 4 It appears that a continuance is being requested rather that a re-submittal wi required fees. From: Robin Meyer [mailto:RMeyer@vanday.com] Sent: Friday, March 02, 2007 1:39 PM To: MoscaMichele; ferglaw@earthlink.net Cc: Jayne Bradbury Subject: Continuance Request Part II Michele, please add this email as an addition and part and parcel of my previous email sent earlier today as it relates to the Gonzales CP-200S-3 and Townsend CP-2005-4 GMP amendment applications. When i said I wanted them continued to the 2007 or 2008 cycles I meant which ever comes first. Second. I am not aware of any statute, ordinance. rule or regulation that would preclude us from making and being granted the request that I am making. If there is any limiting language please bring it to my attention immediately. I am also requesting the right to add these applications to the March 22 hearing. at the end of the agenda, if there is any problem that would bar the request to continue these applications to the next cycle. Thank you. Robin D. f'/leyer, AiCP Direcior of Planning and Design VanasseDaylo: i 27:3J H(~v,! 8ouieVL;,:'j. SUlt<:: CoCi(J Fe:-! r~t1. 2~'.9-i,3f'2Ei:;1 Fi.\)( 2::.'9<537 .:{:;36 ~:mc;i:: <.C:T1 5/3112007 Agenda Item No. 12A June 12. 2007 Page 1 of 10 EXECUTIVE SUMMARY Recommendation to approve a proposed settlement relating to Pareel 132 in the condemnation lawsuit styled Collier County v. Panther Key, LLC, et al., Case No. 06-1456- CA (County Barn Road Project No. 60101). (Fiscal Impact $746,050.00) OBJECTIVE: That the Board of County Commissioners approve the proposed settlement memorialized in the attached Stipulatcd Final.ludgment for payment of full compensation, expert fees and costs for the taking of Parcel No. 132 in the lawsuit styled Collier COlfllZV v. Pallther Key, LLe. et al., Case No. 06-1456-CA(eounty Barn Road Project No. 60101). .-' CONSIDERATIONS: Respondent, Panther Key, LLC ("Owner") owned a 9.62 tract of unimproved land fronting on County Barn Road. 4.36 acres of this tract were needed for a pond site for the County Barn Road project. In March 2006, stafT made its statutory offer to purchase Parcel 132 (4.36 acres) for the sum of $959,200. A copy of an aerial showing the whole tract and outlining the take area is attached. The Owner rejected lhe offcr, but otTered to sell the entire site to the County for 2.3 million. Although interesled in lhe purchase, the right-of:way staff were unable to find other departmenls or programs willing to sharc in the acquisition of the entire 9.62 acre tract and movcd forward with condemnation of the property. The County acquired Parcel 132 on December 1, 2006, by depositing its good faith eslimale of value in the amount of $837,500 pursuant to a Stipulatcd Order of Taking cntered by the court. The case was set for a 4-day tIial starting on August 28, 2007. Both the County and the Owner's appraiscrs have concluded lhat the remainder property has been damaged by the loss of frontage and the 45% reduction in size resulting from lhe taking. Accordingly the property's highest and best use has changcd from a multi-family (29 unit) residential development to two single-family lots. The primary diffcrence between (he two appraisers' opinions is the value of the remainder propcrty, which inversely affects the amount of sevcrance dan1ages. The Owner sccks compensation and damages in the amount of $1,540,000. Although the County's appraiser's initial estimate of compensation is $837,500, this value is expected to rise upon completion of a revised appraisal report for lrial. ,-' A mediation was held on ApIiI 25, 2007, where lhe Owner, after facloring in attorney's fees, costs and interest, made a tolaI claim of $1,806,740. An impasse was rcached. Subsequcntiy, the County and Owncr, through its attorney, were able to negotiate the purchase of the cnlirc 9.62 acres tract tor $1,400,000, as a means of resolving the litigation. This sum is significantly lower than the pre-take appraised value and the Owner's original demand. (The Counly's appraiser valued the entire property at $1,731,600, and the Owncr's appraiser valued it at Sl,972,100.) By purchasing the cntire site, the Counly can dispose of all claims for compensation and damages arising out of the taking of Parcel 132 at a reasonable cost and acquire additional land at a significantly reduced value to be cither used for future mitigation or surplused and sold. When reaching this scttlcment, staff considcred its overall exposure at trial, including the County's litigation expcnses, the prospects and cost of success at trial and the appraised value (between $433,950 and $894,000) and potential future use of the 5.26 remainder property. Comparing the worst and best casc scenario, an Owner's verdict at tria] would cost Aaenda Item No. 12A ~ June 12 2007 Page 2 Df 10 the County an estimated SI.9 million (compensation/damages of $1,540,000, attorney's fees of $165,200, defense costs of $80,000, statutory interest of$58,OOO and County litigation expenses of$60,000). On the other hand, a County verdict would still cost lhe County an estimated $] .18 million. For an additional $200,000, the County can acquire propcrty valued in excess of $433,950. After consideration of the foregoing, staff recommends approval of this scttlemcnt. Attached is the proposed Stipulated Final Judgment, which memorializes this settlement. If approved, the County will pay the following costs: . Additional Compensation: ($1,400,000- $837,500) . Expert Witness Fees: . Statutory Attorney's Fees: TOTAL $562,600.00 $ 50,000.00 $] 30.200.00 $742,800.00 FISCAL IMPACT: Antieipatcd closing costs, including lille insurance, are estimated at $3,250. The cstimated fiscal impact is $746,050.00. Funds in the amount of $746,050.00 are available in the FY 2007 adopted budget. Source of funds are Impact Fees and/or Gas Taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDA nON: That the Board of County Commissioners: I. Approve lhe proposed settlcment as memOlialized in the attached Stipulated Final Judgment as 10 Parcel No. 132; 2. Approve the cxpenditure of funds as stated. 3. Authorize stafTlo take all necessary steps 10 insure that good and marketable title is conveyed and all appropriate instruments are recorded; and 4. Accept the 5.26 acre remaindcr property upon recording. PREPARED BY: Ellen T. Chadwell, Assistant County Attorney 2 Item Number: Item Summary: Meeting Date: (-'lSl01 COLLIER COUNTY BOAlW OF CQurHV C()IV1MISSIONEF~S 1::,1;. "E',- ..rrmlel!J8t'U:: tc 8pprov~ OJ pcoposed ~elllelnerl\ r€lat!I-,g to f'ilrr.e' 13:' In t'\8 ~mUerlFU1IQ'-" I,w-,~'uii s~ylcd Col!:er COU'lty v F\wmH kuy. LLC. et ,'11 CdS" "ju 00-14:;6- _,f", 'CoUI-,iy 3an- Road f 'eject No [jD1Ul) ;'iseal in:pa<:1 S~,,~C USfL::-1 ,112.':CD~' <:; DC un i"M !\Sbistan1 Countyl\ttorney Date Prepan'd By Ellen T. Chadw!,1I ::-.ountyAttorney CNJflly Attorney Olf;ce 5i4/2rJ074:4G:l5PM As"istant County Atwrney D~le Approvt'd R~' Ellen T, Cllauwflll Count)'Atlorney County Atlorn"y Office 51l1/200711:4L AM Tr~n~portation Division Administrator Date Approved By Norm E. Feder,AICP Transportatiort5ervjees rr~nsportationServiee&Admin 51'0.'2007 7:4t AM r,'lanJ>,cmenllS"dgdAnalyst Dme Approved By L'silTilylar TransDort,ltion Serv;ce~ TritnsjJortationAdministration 5110/2007 B,S:AM Di,..,ctor Dote Ap[lrun>dUy Naj(,tl/Jhmad Transportntion S"rvi~es Transportation Enginocring & Construction Management 5/181200710,17 AM ck,te Allpro\'cd By Kr,,,,,, t-j~ndricl<s Tril:1Spor!nhOr1Sc-,'iec& Ri;;hl or W"y Acq\Ji~ll,(!n M.1n"ger n:crr,.R:)W 51"entiO:- 2:0, PM Apllro\'l'd Uy Accc.urltlnn SUf.'E-rvi,.oor DJte Sharon ~j.,wmilrl Tr;a'~p()rt"!lon ""rvle\'& r'riln"I'",~.di",) Se."'lce,j.\dmin Si22,'1()07'7", PM C""nt,'/,(("rney Dilte Appru,'cd Uy coav,dC. \'/elgel County Attnr,,,,l' C""nt,.AUonw"C'Jlfice 5.':;0'1007 83[ id'l1 O;'i~a :::,_,urdinator r},~te Appro'cd Uy Ul>,~B Coordinator CDunly r'~ilnJgCt S Or,iClOe (Wice Q~ !,1,:r"'9,:ment & 8u6g('( (;1'.'2007 0, 1~ ,~M i\pl'ru\'cd B) D"le ';;"~J" U',h",r County ;,o1'"age- S O~tice "ern", ri-Jn;;fjt:'\1(,"i;n"C,1Ci ;'."I~;"S\ Office c~ ':.~n~\)"rnem Ii. a'H!g"t fi,"f?(l0711:2\J'.M r/.:1I1Jge,r'em& Budget Director ::J,,\e ApprO\l.d By ~"ichae! Srnykow"ki Coullty M1lIl~ge(o Office Office of MJnag<cmenl & B\Jc'!;Iet 6,1'i2Q{j712:HPM D:1t" AppnlH'd By J2n,es V, \1u;id S""cd QfCuunty C0rnmIS~d">l1',r~ ('Jurt,.. ~1Jnaqcr Count', r.1ar.;,g""~' Ofji<:e "jl,nC7 12' '-'I'~ !'",Clenda Item r\!o. 12A ~ ,1~:18 2,2.007 PaJE: 4 of '10 AERIAL Collier COllllty v. Panther Key, Parcel 132 (Panther Key property highlighted in yellow, Parcel 132 take area identified by purple lines) l rW,1lW= . ... ,. '""""".'''t'':'''''''-'._~''''''''~ 1*>-:'_ >: '. T Agenda Item No. 12A June 12. 2007 Page 5 of 10 IN THE CIRCUIT COURT QF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER CQUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No. 06-1456-CA-CAE v. PANTHER KEY, LLC, et aI., Parcel: 132 Respondents. / STIPULATED FINAL JUDGMENT TillS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, and Respondent, PANTHER KEY, LLC, by and through their undersigned counsel, for entry of a Stipulated Final Judgment as to Parcel No. 132, and it appearing to the Court that the parties are authorized to make such Motion, the Court finding lhat the compensation to be paid by Petitioner is the full compensation due the Respondent, PANTHER KEY, LLC, and the Court being olherwise fully advised in the premises thereof, il is thereupon ORDERED AND ADJUDGED that Respondent, PANTHER KEY, LLC, have and recover from Petitioner, COLLIER COUNTY, FLORIDA, the sum of One Million Four Hundred Thousand and No/lOO Dollars ($1,400,000.00), which includes the good faith estimate of value of $837,400 deposited by Petitioner for Parcel No. 132, as full payment for the property interests taken as Parcel No. 132 and for damages arising therefrom, business damages, statutory interest, and for the Respondent's conveyance of lhe remainder property; it is further ORDERED that Petitioner will be entitled to a credit for the good faith estimate of value previously deposited in lhe amounl of $837,400; it is further item ;-Jo. 12A JU:;8 :2. ~~:f~i7 6 ~;f 10 ORDERED that Respondent shall receive pursuant to Florida Statutes ~73.092(1), as a reasonable attorney fee, the sum of One Hundred Thirty Thousand Two Hundred and No/lOO Dollars ($130,200.00), based on a benefit of $440,800. No other attorney's fees shall be awarded in connection with this cause; it is further ORDERED that Respondent shall receive as full settlement of any and all claims for expert fees and costs the sum of Fifty Thousand and No/lOO Dollars ($50,000); it is further ORDERED that Respondent shall convey good and marketable title to the 5.26 acre remainder property idcntified in Exhibit "B" attached hercto to Petitioner by Warranty Deed wilhin forty-five (45) days of entry of this order; it is further ORDERED that within forty-five (45) days of entry of this order and conditional upon receipt of a properly executed Warranty Deed conveying good and marketable title to the remainder property, Petitioner shall pay the total amount of Seven Hundred Forty-Two Thousand Eight Hundred and No/IOO Dollars ($742,800.00) made payable to The Boatman Law Firm, P.A. Trust Account, c/o James A. Boalman, Esquire, 1415 Panther Lane, Suite 340, Naples, FL 34109, for proper disbursement in accordance with lhis order; it is furthcr ORDERED lhat title 10 Parcel No. 132, in fee simple, being fully described in Exhibit "An attached hereto and incorporated herein, which vested in Pctitioner pursuant to the Stipulation to Order of Taking dated Novcrnber 20, 2006, and the deposit of money herctofore made, is approved, ratified, and confirmed; it is further ORDERED that the Notice of Lis Pendens filed in the above-styled cause and recorded in Official Record Book 4099, Page 949 of the Public Records of Collier County, florida be dismissed as to Parcel No. 132; and it is further ORDERED that pursuant to Scclion 74.051(3), F.S., the Clerk of Courts shall disburse the interest earned on the funds on deposit in the amount of to Collier County Board of T I' Aaenda Item No. 12A '-' June 12. 2007 Page 7 of 10 County Commissioners, c/o Ellen T. Chadwell, Assistant County Attorney, Office of the County Attorney, 3301 East Tamiami Trail, Naples, FL 34112; it is further ORDERED that this Stipulated Final Judgmenl is to be recorded in the Official Records of Collier County, Florida; it is further ORDERED that this Court retains jurisdiction to enforce the terms of this Stipulated Final Judgment; it is therefore DONE AND ORDERED in Naples, Florida, this _ day of ,2007. Cynthia A. Ellis Circuit Court Judge conformed copies to: Ellen T. Chadwell, Esquire James A. Boalman, Esquire E. Glenn Tucker, Esquire Kevin Hendricks, Trans/ROW A Accounting JOINT MQTION FOR STIPULA TED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment. Dated: Dated: JAMES A. BQA TMAN, JR. Florida Bar No. 130184 The Boatman Law Firm, P.A. 1415 Panther Lane, Suite 340 Naples, FL 34109 (239) 591-6757 - Phone (239) 236-0376 - Facsimile ATTORNEY FOR RESPONDENT, PANTHER KEY, LLC ELLEN T. CHADWEL Florida Bar No. 0983860 Assistant County Attorney 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (239) 774-8400 - Phone (239) 774-0225 - Facsimile ATTORNEY FOR PETmONER EXHIBIT-.f\_ PageL of2. 'ct SIMPlE INTEREST 1 OAgenda 11em No. 12.11, C JCJne 12. n07 P9g9 8 of '10 SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST COLUrR COUNTY, FLORIDA PARafL NO. "/flctL \32 PROPtRrr OWNER: "Atmml K!'Y l' " BOUNDARY.I< 7OPo::RA"HIC SUR\EY OF ALL '!HAT P...IIT or Tl-E SOUlHWC:ST 1/04 01" SECT1~ 17 TOWNSHIP ~o NORTH "-ERJJlGE25EAST,COLUERCOUIIT'rf'tOFllDJ, 55 NOU !ii! I< =::- aNDACE..- hotOKlalW~..p.......~.ltlo.n.O........,.,... -_______~_........I___.U' ...--'-.........-- -_...-,-- --........-.--.......-.....- -,--- ^ b Y ~ ~ N~ !'j i5 '" FOUND 4X4 i CONC.~ETE" N10NU/JalT l!! STAMPED ~ ~ Ii "' 1J+Qll~:::,: ",.~ SAND 8~G HEAOWAU (FJdUNG) .' (wrTh'ESS CORNER) FOUND 4XoI- CONCRF:TT: lAONUMDii 5TI4I.1PF:[) LS 154.3 PriM $O(JTH.JO.2,' [AST O..J5' JIltlQ?M!Rf" u.KE a..ue CB.2lI,PG..J8 SO'J1HD'/tl'" ! JQ' I SllO'U'u"€ JOoor' l\11NESS CORNER SCT il" IRON ROD STAIJPm "ABe INC lB .J56.r '" . FOUND 4X4 f CQ'ICRETf COLUER MONlMENT 1I.E:Ff:RENCF::~opc~o BENCHMARK C8R-6.A. N 65H<JJ.76 E 415588.00 ill E'~"Y. - f/S4 "'lW+OO e&+<<I &&1-40 C17~ , """""'.."""""" r- (100 R.OoIt) SURw:-Y E/A-<:;ruNE BENCHMARK CEf'1-7 N 1I52001..J2 E 04.16581.87 E1..('I...9.-'0 ...'" ,1 d: ..1 ". FOUND iiRON ROO RWA NDR7H 1.49' WEST 0.19' I '. , I I'~ I. I \ 500'l1l"/l"' ~-80' . '" ',~ '.~ '.~ ". <i',. ""'" PAHmf:R K~ Lie O-R. 2l72D,. PC. 90 5.02 '" . CHAm,w SOUiWC OCVfl.CPfIItENT CORP O.R. l.uf, PC, 2121 '''''' ',~ "" ~~ Mir:rTHE,stoF THES:lOF7HE: S!'$ OF THf: Sit' :l OF SfC1IDH a. r.sos. R2f$E; LESS THE liEST ::50' FlIT ANC 'THE soum .)0' flIT. > ". :. '" CCUfJ;JHING .(,36 ACRES (3:) '. su i" IRON '0' Sr,l,I.IPfD "ABa INe LB .3664- . ....~ ". " ''l'{,. .,^ ....~ ". '<, ",0:, " P'ANmrn kIT l1..C all. .3720, pc;.. go L:GAL D:::S~RIPnON AND SKETCH SKEET 1 OF 2 DESCRIPTION; PARCEL \32 CUEN,: COWER C8UNT'r lRANSPOR1A1l0N DIVlSIJN ev, GEORGE. W. HACI<NEY, P.S.M. NO. 5506 SCALE: 1".. ll'ln' DAlE: J,/LI</ R ?OO/; DRAWN ay,~ PROJECT NO,,~ ACADND:~ P~ENO:~ , EXHIB~T-A- Page .1 of ,., ~- 1 ngenda Item No. 12A U f' June 12. 2007 \J Page 9 of 10 ct, SIMPlE INTEREST PARCEl. NO PIJtcr! 132 PROPERTY OI\NER: P~>lTHFJt KI"\' II ~ SECTION 8, TOWNSHiP 50 SOUTH, RANGE 26 EAST COWER COUNTY, fLORIOA RefERENCE:: nit T77(l pc .n LEGAL DESCRIPT!ON OF PARCEL 132 All THAT PART OF THE SOUTHWEST '/4 0'" SECll0N B. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLUER CQUNlY fl.DRIDA. BEING MORE PARTICULARLY DEjSCRIBED 'AS FOLLOWS; , "THE WEST HALF OF THE SOUTH HALF OF n;E SOUTH HALF OF "THE SOUTHEAST QUARTER OF THE SOUTI-HVEST QUARTER OF SAID SECTION B LESS THE WEST 50.00 FEET THERE OF FOR COUNTY BARN ROAD RIGHT OF WAY PURPOSES AND lESS THE SOUTI-fERLY .30.00 FEET lHEREOF. CONTAINING 4.35 ACRES OF LAND MORE OR LESS; SUBJECT 10 EASEMENTS AND RES"JRICTl(1..jS OF REcORD; AGNOll. BARBER AND BRUNDAGE, fNC PROFESSIONAL ENGINEERS, PLANNERS & SURVEYORS AND MAPPERS r:i'NrRAI Nn-rr<;. 1. DIMENSiONS ARF: ,N fEET ANI) DE"CIAIALS 1HEREOF'. 2. CUf1YE" DIMENSiONS ARE" AS FOL,lOI\$: 0. .. OEt TA ANGL~. R .. RADIUS. A - ARC DISTANCE, C/'/ _ CHOND DISTANCE" .vm CHB .. CHORD 8E.ARJNG .! P.D-B. _ POINT or BE"GJNNING. ." P.O.c... POINT OF CDMMQlCD.iDlT. S. BEARINGS ARE BASUl ON l.CiiQ!Jl . = SET IRON ROD/CAP @ "" fOUND Pi< NAIL d: DISC m :: IRRIGA nON CONmot.. BOX Jill" WA TER M~rrn [!).. UNlrrD TrrEPHONE SYSTEMS RISER ......:: WATm VALVE . = BACK FLOW PREVENTER :Q:.. CL~ANOUT 8::ll.1ND),R"l' fL TOPOGRAPHIC SJR\1:"l' O,.l.LL 1J.JAT PART Of THES~1Hv.EST1/4OFSEC'lTON17TO'l!NSH)fl'50NOR1H mEw.FWiGE:25EAST.t:OLUERCQUNTYftORlOA I:: au jjiu. "'. III... At::!:.- p,."1..dooD&l~pJ.o__"',,,J&...(~.. ____...-'___..SO..__I1l1 ....------ --..........--- .._~-..-...._- ....(--- ~GAL DESCRIPTlDN AND SKETCH SHEET 2 OF 2 DES::::i<JPTION: PARCEL 1.12 CUENT; COUJ::R COUNTY 1RANSPOR1A nON DIVISION BY; GE:ORGE W. HACY,NE:Y, P.S.M. NO. 5506 SCAL.E; 1'.. 100' DAlE: ,IAN!) '7006 DIlAV,N BY;-...Ill.A ?ilOJ<CT NO.:~ ACADNOoQV'''''<; F1L'ENO,~ item r'Jo. 12.A. cLHl8 "12. 2}~:'7 10 Dr 10 EXHIBIT "B" Leeal Description of Remainder Propertv THE EAST 'Iz OF THE SOUTH Y2 OF THE SOUTH Y2 OF THE SOUTHEAST 'I.. OF THE SOUTHWEST 14 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COU!\TTY, FLORIDA, PLUS THE SOlHH 30 FEET OF THE WEST Y2 OF THE SOUTH '/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 14 OF THE SOUTHWEST 14 OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26 EAST, LESS THE WEST 50 FEET THEREOF FOR COUNTY BARN ROAD PURPOSES. CONTAINING 5.26 ACRES OF LAND MORE OR LESS. r' I' Agenda Item No. 12B June 12, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve the Offer of Judgment in the amount of $1,250,000 as to Parcel 132 in the lawsuit styled CC v. Panther Key, LLC, et al., Case No. 06-1456-CA (County Barn Road Project No. 60101). (Fiscal Impact $505,300.(0) (THIS ITEM IS COMPANION ITEM TO PANTHER KEY PROPOSED SETTLEMENT TO BE CONSIDERED IF SETTLEMENT IS REJECTED). OBJECTIVE: That the Board of County Commissioners approve and authorize the making of an Offer of Judgment pursuant to 9 73.032, Fla. Stat., to Respondent, Panther Kcy, LLC ("Respondent"), in the amount of $1 ,250,000, as full compensation, exclusive of attorney's fees and costs, for the acquisition arising out of thc condemnation of Parcel 132 in CC v. Panther Key, LiC, et al.. Case No. 06-1456-CA (County Barn Road Project No. 60101). CONSIDERATIONS: On Deccmbcr 1, 2006, Collier County deposited $837,400 into the Court Registry and acquired title to Parcel 132 in accordance with the Stipulated Order of Taking entered on November 21,2006. This case has been set for trial slarting on August 28, 2007. The parties have reached a tentative settlement in this case that is being considered by the Board of County Commissioners simultaneously with this item. If the Board rejects the proposed settlement, the County Attorney's Office would like to make an Offer of Judgment in the amount of $1 ,250,000, as full compcnsation for lhe property taken, exclusive of attorney's fees and costs. Sce attaclunent. Rcspondent asselts a compensation claim in lhe amount of $ 1,540,000. The making 0 f the Offer will require Respondent to carefully assess thc likelihood of success at trial. If the offer is not accepted within thirty (30) days and Respondent fails to recover more than $1,250,000 through jury verdict, the County will not be required to pay any costs, including appraisal and other expert fees, incun'ed by Respondent aftcr the date of the ofTer's expiration. Should the Respondent accept, the County will be required 10 pay as follows: . Additional Compensation for Parcel . StatutOlY Attol11cy's Fees TOTAL COST: $412,600.00 $ 92.700.00 $505,300.00 Additional information regarding the relative positions of the parties on damages can be found in the executive summary to the proposed settlement and stipulated final judgment as to Parcel 132 in Collier COllntv v. Panther Kev, LLC, FISCAL IMPACT: Funds in the amount of $505,300 are available in the FY 2007 adopted budget. Source of funds are Gas Taxes and/or Impact Fees. GROWTH MANAGEMENT IMPACT: None. -- RECOMMENDA TION: That, in lhe event the proposed scttlcment and Stipulated Final Judgment as to Parcel 132 is rejected, the Board of County Commissioners: I. Approve and authorize scrvice of the Offer of Judgment; Agenda Item '"0. 128 June 12. 2007 Page 2 of 5 2. Approve entry of a Stipulated Final Judgment and expenditure of the funds, if the offer is accepted. PREPARED BY: Ellen T. Chadwell, Assistant County Attorncy 2 Item Number: Item Summary; Meeting Date; COLLIER COUNTY BOARD OF COUNTY COMMISSIONSF:S 1~6 rh's :t8mlS CalT1parllOn \0 Item 1:>", Pannier Key Pr(JD:Js8(', Senlcm8'lL to be ConsldNbd if SBWi'm-,entlsReJeC\8d, ReCOrTl'lWndallontoapprovetl",eClfferolJlJd,::rTler,tinthe:ml:Jurllof 31 :'~(:,OUO de. to f'2l~Cei 132 Ir, t!l€ 10wsuI' sly led CC" Paniher f'8y LC ei al C,1se 1';0 ;)c;,,14"+.'~i-'- iCoul~!Y U,nl RoM Project I~o [;0101: r:iSG~-1IIil~p8::;' S~;(J5 300 ;]:J) 6/1:'!20Qi8,OCOOi\M Assist anI County Attorney Dale Prepared lly EIi8nTChadwtOll CuuntyAtlnrney CcuntyAttorl1l!Y OIfice 511U!20ll7 10:~i):14AM ^ssistallt CoulltyAttorIley OM" Approvedlly Ellen T. Cll<ldwell County Atbrn",y County "'-.ltorner Off,ce 5118120071.14 PM R,gl1t Of Way Acquisition Manager Dale ArprowdBy Kevin Hcndricks Transportation$ervices TECM.ROW 5118!20013:11O PM LisaT.\ylor M<1nag'wl<"nti8mlgotAnalyst Date Approved lly Transportation Services Transr-'G,-tationAdministralion 51::2/2001 tL51 AM Approved Ity r.Jar-mE_Fcder,/',I:';P TmnsportatiorrS"rv'cl!s Transportalion Division Adm;nlslr;llor Date Transportation SnrvI<::es A"min SI22i20G71(UDf,M D,roct,'Jr Dole ApprondHy rJ;;'Jdlh!lmad Trar,spo,tationSNviccs TransportalionEIl>pneui:ig& Construction Mall,'cJ"nwnt 51:'2!2()()72G4PM Acc,)"nt,ngSupt'rvisor ::-mte Apprncd n~' SI1;:l!'onr')CI'!man 1r<lr;~.P"rt':tiGn SCf "::C$ lrar,"'porn,tio... S~"v'c'-'s Admin 5122!20n7 s,n PM COUllt\"!\ttum,,y Date ApprHvcd Hy O~vidC, W<'"lcl CGunty Altorn~y CD,,"ty ~~tt()rn('y Off,ce Sr:1ni2007 93~ t\M C,,1SG()AdinJl0r D~te Approved Hy OME! Cc(}rrJ!n~lor Cour>lv ~,\anf.ge"~ Cflicl! (JIf'CGofrtan.1qcrnenlf.8mitict tl1,'2Q07 9:23 A.M Clate Appn,,'('d lly Sus,m Uslwr County iI\~nape"'s Office $~nior r'.':a"'J~'cm<?'l1:8urtge: "nul)',.t Office of MJn"flelT1en~ t. 8ungat GI1/20G7 1~,3L PM MichdC: Smy~cw~ki MJrwge'11cn\ Ii. 8lHiO':'t O!r"~\or D:ne ApproHdHy County Marwger's Office OlficecfMJnJgelT1ent& Budpet i3r1120071on PM Approved Hy .!anws\/"h,dJ 8GHdGiS'''IIl(Y C"iT1m,~;siorV'!'s Count~ Managef D;Jte L'lunty r.1"n"ger'5 Ofice p/:;20J71.55;OM .",--~"-"--"""-'-- ""',~~,,-,'-~.~,~,_. ------- Agenda liem ND. 128 ,rune 12, 2007 Page 4 of 5 IN THE CIRCUIT COL'RT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CQLLIER CQUNTY, FLQRlDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Petitioner, Case No, 06-l456-CA-CAE v. PANTHER KEY, LLC, et aI., Parcel: 132 Respondents. / OFFER OF JUDGMENT TO: Panther Key, LLC c/o James A. Boatman, Jr., Esq. The Boatman Law Firm, P.A. 1415 Panther Lane, Suite 340 Naples, FL 34109 Petitioner, COLLIER COUNTY, FLORIDA, pursuant to Section 73.032, Florida Statutes, and Fla. R. Civ. P. 1.442, does hereby make this binding offer of judgment in tfuis action to the Respondent, PANTHER KEY, LLC, for all compensation, including severa'1ce i damages, busincss damages, costs 10 cure, together with the value of the laking, statutory I interest, and any other claims of Respondent, PANTHER KEY, LLC, arising out of the taking,of I Parcel 132, in the total amount of One Million Two Hundred Fifty Thousand and No/lOO , Dollars ($1,250,000,00), for Parcel 132, which includes the amount of $837,400 which was deposited pursuant to the Stipulated Order of Taking datcd November 21, 2006. There are no non-monetary lerms or other relevant conditions to this offer except that tris offer does not include attorney's fees and costs. r I i Agenda Item t<o. 12B June i 2. 2007 pa~e 5 of 5 The construction plans and specifications for the project on which the offer; is based have been previously and continue to be made available for the Respondenls' review uphn I reasonable notice of such a request. Dated this day of ,2007. I OF8CEOFTHECOUNTYATTOR~Y Harmon Turner Building 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 - Telephope (941) 774-0225 - FacsimjIe BY: I M ELLEN T. CHADWELL, ESQU~E W Florida Bar No. 09838~0 ATTORNEY FOR PETITIONER CERTIFICATION OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Offer of Judgment has been furnished by U.S. Mail 10 all parties listed below, on this _ day of ,2007. I ELLEN T. CHADWElL. ESQ~ Panther Key, LLC c/o James A. Boatman. Jr., Esq. The Boatman Law Firm, P.A. 1415 Panther Lane, Suite 340 Naples, FL 34109 Collier County Tax Collector c/o E. Glenn Tucker, Esquire Rhodes, Tucker & Garrettson P.O. Box 887 Marco Island, FL 34146 Agenda Item rjo. 14A June 12, 2007 Page 1 of 21 EXECUTIVE SUMMARY This item to be heard at 4:00 p.m. Recommendation for the Collier Connty Community Redevelopment Agency (CRA) to authorize the Bayshore Gateway Triangle CRA Executive Director to negotiate a closing date extension to a purchase contract for certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency and authorize the CRA Chairman to sign the extension. (David Jackson, Executive Director, Bayshore/Gateway Triangle CRA) OBJECTIVE: Recommendation for the Collicr County Communily Redevelopment Agency (CRA) to authorize the Bayshore Gateway Triangle CRA Executive Director to negotiate a closing date extension to a purchase contract for certain real property within the Bayshore Gateway Triangle Commtmity Redevelopment Agency and authorize the CRA Chairman to sign the extension. - BACKGROUND: On March 27, 2007 the CRA Board and Board of County Commissioners approved the purchase of 1.66 acres of commercial land (1807 Tamiami Trail East; Folio # 00386840007) in the Davis Triangle (mini-lriangle) for $3.5M. The contract has a due diligence expiration date of July 10,2007 and a closing date of July 30, 2007. Also on that date, the CRA Board authorized the Executive Director to coordinate with the Purchasing Department to advertise an Invitation To Bid (ITB) to financial institutions for a CRA $9M Line of Crcdit to be used to purchase the above parcel. The ITB has been coordinated though Collier County's financial advisor, Public Financial Managcmcnt, and bond counsel, Nabors Giblin & Nickcrson P .A., and is ready for release and attached for refercnce. CONSIDERATIONS: The Invitation To Bid cannot be advcrtised for banks to submit bids until the Collier County Comprehensive Annual Financial Report (CAFR) has bccn completed. The CAFR is a docwnent required by financial inslitutions to detcrn1ine their response to the ITB. The CRA has to make a non-refundable deposit of $\ 00,000 at lhe conclusion of the due diligence period on July 10, 2007, and there are sufficient funds in the budget to do so. Continued delay in the CAFR's release will jeopardize the time to advertise the lTB, receive bids, award the $9M line of credit contract and make a $3.5M draw bcfore the July 30, 2007 closing date. July 24, 2007 is the CRAJBCC's only meeling before the closing date in which 10 award lhe bid to the selected bank and two working days to coordinate the draw. The next date lhe CRAJBCC is in session to authorize and sign bid contracts is not until Septcmber 11, 2007. FISCAL IMPACT: Sufficient budgel is available in lhe Bayshore/Gateway Triangle Fund (187) to cover the $100,000 earnest money deposit for the 1.66 acrc parcel. There are insufficient reserves to independcntly cover thc $3.5M purchase pricc. Annual CRA lax increment revenues are sufficient to cover projecled debt service payments on the all CRA debt requirements. Budget amendments will be necessary to set up the required debt service reserve and acknowledge draws on the new line of credit. - Agenda i1>:3rn ~Jo. 14A June 12, 2007 Page 2 of 21 GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within lhe County, including the Bayshore Gateway Triangle CRA. LEGAL CONSIDER-\TlONS: Once a bank is selected through the invitation to bid process, bond counsel together with staff from administralion and the county attorney's office will prepare all of the necessary loan documentation which will be presented to the CRA and the BCC for approval. The financing will be done under the authority of Chaplers ] 25 and 163, Florida Statutes. RECOMMENDATION: Recommendation for the Collier County Community Redevelopment Agency (CRA) to authorize the Bayshore Gateway Triangle CRA Executive Director to negotiate a closing date extension to a purchase contract for certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency and authorize the CRA Chairman to sign the extcnsion. Prcpared by David L. Jackson on May 31,2007 Executive Director, Bayshore Gateway Triangle CRA Agenda Item No. 14A June 12. 2007 Page 3 of 21 EXECUTIVE SUMMARY Recommendation for the Collier County Community Redevelopment Agency (CRA) to authorize the Bayshore Gateway Triangle CRA Executive Director to coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed $9,000,000 from a commercial lender selected via Invitation To Bid (Bank ITB) to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency, and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; authorize the CRA Chairman to execute the real estate contract and execute a commitment letter with the selected bank lender; and authorize all necessary budget amendments. (David Jackson, Executive Director, Bayshore/Gateway CRA) (Companion item to 10D) OBJECTIVE: Recommendation for the Collier County Community Redevelopment Agency (CRA) to authorize the Bayshore Gateway Triangle CRA Executive Director to coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed $9,000,000 from a commercial lender selected via Invitation To Bid (Bank ITB) to purchase certain real property within the Bayshore Gateway Triangle Community Redevelopment Agency, and to negotiate and prepare for subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; authorize the CRA Chairn1an to execute the real cstate contract and execute a commitment letter with the selected bank lender; and authorize all necessary budget amendmcnts. BACKGROUND: Florida Statute 163.358 - "Exercise powcrs in carrying out community redevelopment and related aClivities" - gives the CRA power to approve the acquisition of property, and Florida Statute 163.370 - "Powcrs; counties and municipalities, community redevelopment agencies" - delincates other powcrs necessary to carry out the purchase and sale of property. Collier County Ordinance 2000-42 establishes the Redcvclopment TlUst Fund and appoints the governing body of the Community Redevelopment Agency (the BCC) as the trustee of the Redevelopment Trust Fund and states that funds shall be disbursed from the fund as provided by thc CRA agency. On July 25, 2006 the CRA Board signed CRA Resolution 2006-197 that approved a non- revolving Line of Credit with Wachovia Bank as a rcsult of a CRA advertised Invitation To Bid (ITB), and the BCC signed BCC Resolution 2006-198 that approved the CRA's Line of Credit with Wachovia Bank. CONSIDERATIONS: The Community Redevelopment Agency Local Advisory Board has identified several pieces of property important to the proactive development of the Gateway Triangle sector of this CRA. This tract of land is identified in thc CRA Master Redevelopment Plan as a potential site for a catalysl redevelopment project - Exhibit A. CRA acquisition of targeted parcels within the mini-triangle will provide the CRA an opportunity to achieve many of the objectives stated in the CRA Master Redevelopmcnt Plan. /\oenda item No. 14A ~ June 12, 2007 Page 4 of 21 After months of discussions and negotiations with the property owners in the mini-triangle area, the Local eRA Advisory Board recommends that the CRA Board purchase 1.66 acres of commercial (C-4) land: 1807 Tamiami Trail East; Folio # 00386840007. An assignable real estate purchase contract for $3.5 million for this parcel is attachcd for the CRA Board to review and approve for the Chailman to sign. The contract has a due diligence expiration date of July 10, 2007 and a closing date of July 30, 2007. The Bayshore Gateway Triangle eRA Trust Fund docs not have the cash reserves to purchase the land; however, the CRA does have the financial strength in its nF growth projections to incur anothcr line of credit up to $12 million - Exhibit B "PFM's Mcmorandum: Funding Options and Debt Capacity oflhe eRA". Bascd upon discussions with lhe County's Finance Committce, indepcndent financial advisor as wcll as bond counsel, the preferred borrowing vehicle is a commercial bank loan procured via invitation to bid. Since a significant portion of this real estale may be sold to a developer, this transaction does not meet federal tax law requiremcnts for a tax-exempt debt issuance. Therefore, convcntional tax-exempt municipal debt or commercial paper cannot be used. Securing a taxable loan provides the best approach for a timcly and cost effective financing. Since CRA tax increment revcnues are pledged to pay debt service, notification to all affected taxing bodies will be necessary no less lhan 1i11een (15) days bcfore closing lhe transaction. Due to lhe high cost to acquire largc sums of financing, an additional loan amounl ovcr the purchase plicc of this parcel is requested as a set-aside for the future acquisition of olher parcels within the mini-triangle and surrounding the idcntified site, to cover the cost of site preparation/demolition, future infrastructure improvements and incurrcd administrative costs. The Collier County Finance Committee reviewed Exhibit B and the requcst 10 advertise for second bank line of credit. By motion, the eommittee recommended that wilh approval of the CRA Board and BCC, thc CR/\ should proceed with an Invitation To Bid for $9 million. The county's financial advisor and bond counsel indicate that the invitation to bid process together with closing on the loan proceeds can bc completcd wilhin thc conlractual timelincs. FISCAL IMPACT: Sufficient budgct is available in the Bayshore/Gateway Triangle Fund (187) to cover the $100,000 earnest moncy deposit for the 1.66 acre parcel. CRA tax incrcment rcvenues are sufficient to cover projected debt scrvice paymcnts on thc S9M financing and all other CRA debt requiremcnls. Budgct amendmcnts will be necessary to set up thc required dcbt service reserve and acknowledge draws on the linc of credit. This financing will require the pledge of eRA tax incrcment revenucs as the dcbt repayment source as well as other ministerial language required by statute. It is envisioned that all enabling documents will be ncgotiated and prepared for subsequcnt Bee and CRA approval assuming the Bec and eRA authorize this acquisition to proceed. , Agenda Item r-Jo. 14A June 12. 2007 Page 5 of 21 GROWTH MANAGEMENT IMPACT: Policy 4.7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may be developed for specific areas within the County, including the Bayshore Galeway Triangle CRA. LEGAL CONSIDERATIONS: Once the Bank is selected through the invitation to bid process, bond counsel together with staff from administration and the county attorney's office will prepare all of the necessary loan documentation which will be presented to the CRA and lhe BCC for approval. The financing will be done under the authority of Chapters 125 and 163, Florida Statutes. RECOMMENDATION: Recommendation for the Collier County Community Redevelopment Agency (CRA) to authorize the Bayshore Gatcway Triangle CRA Executive Director to coordinate with all appropriate entities to secure and structure a loan in an amount not to exceed $9,000,000 from a commercial lendcr selected via Invitation To Bid (Bank ITB) to purchase certain real property within the Bayshore Gateway Triangle eommunity Redevclopment Agency, and 10 negotiate and prepare for subsequent approval all required enabling documents to pledge CRA funds as the loan repayment source; authorize the CR.A Chairman to execute the real estate contract and execute a commitment letter with the selected bank lender; and authorize all necessary budget amendments. Prepared by David L. Jackson on February 11,2007 Executive Director, Bayshore Gateway Triangle CRA l':Jge 1 of i\~i;~'11 ja l'ul :'Jo bll'12 F'.',.y'-f) COLLIER COUNTY ['':1; f:CcQF C,:)LIf;TY CCl\1\'i:;S:O!:Ef'S Item Number: Item Summary: i 1'1'> I'ur tc I)", ~""crG <<t :', 'J(> -, '1'. F;>"C:1 "")(,'l'~<lti~'n tDr tl;e' C.che,' C~,ur1ly :>,llllrru11;y r~"."l':O )"","1" 'Jul< ,'c."'-:-". t,., i;"I~l( -'.:':[.1'1(- [;aYS~-'Dfe ::;2\~wa\, -:-.-,,,lIg:,' CP/ b:,'c;J"',e ,':Ir'" 'D':" 1','~[)ll,' -? .:iC'51lg ~<:lW <,'TPIIS!CW W:J rJrC:i:lSc- c:mtri:'ct for .:ertl<n rea' Drcuuty 'd~".-' 1'( C'2 q-.'.l:'C' '-:;"lH',"ay Trl:1I-''118 C"flHT'~I':ty ,''-'e~Jev'eICfJrnf)r': ' gency Jnd h~;th~r'ln :n€' ,'X' I'll' ""C>" ,'r_:'d\."::: ,I ,C",~Dn [':',,,r;uil"p U""':~'or. Jd.,~I".n'('.-":::;?'.PW-'1V -'la":]IE' Meeting Dale: ,,11:",(\:,-:-;;. 'v Prepared Oy David,j1lch,;on E,~cut'\I" D"f'ctor D,lte Commt:ni:yf1'd<:'ve;ol'rnent B,ly~r')rf" ':,;a'''w~\, R~ ,1"",,,,op"""'11 "'31:~(J~7 1; :2102 r.M I',\,<.'n~y ,\ppro\'(,d B)' D1lvjdJack,;on o:xiCc\Jt:\leDirf'GIOr Date CornmunityRccJf'v,.lopll1ent {''l''''cy 6J\,~I',or"-C,Me'IJ.,y P,e(l8vclop"',,-,nt 5131,'21;071121 AM -'\pproHuHy 0:','5 C"0rtJ,ndt"r ::::; h~ 8 :;:" or<l i,,~! or ~.) Ole COUrtty Mnr.ager's Oilier, Off,,"; of M~r'''9''mf'nt & !3ud~"t ':0.';)1007 9,'Jl AM '\pproved By r.-1Jrllc,ncks0n ,1udJct/,nc,i,.ct [)"tE' C"(J l:\, r,1J~.':;c' :iffl"'" CHIC!' "1 [.',~nJ"L'rn"nt &. S.JCJ"iCt ~':i200, 1.4h PM Appn"'l'd By [':.1 ~!1Jf.1 ::-"~\'k,,'" ,.,k, ~;':;'I\: ;<""c: t [. [;u,ici : :--"', ctor :'",e '-.,(lum\ f,.:~""q". , C>~fl 'e :)f-f,n,,,f ',:;,m."f'I"l.'tl'&Gl'{ig,,! ",,4.'2%71:(I8prl ,\ppro\'l'd By '"",.Oc,r" '-'.-.;e 8;;:a"'c:""r,cy ~, "l:m";c',,,,,,'S r',.,,,~ty : """9""-''; ',,:,~ " '1-'1 ;. ~~ """_\'_._.L" ..."...""..", . {\,,,,,. ,,--,,,,',,,-.-,,...,,,. , 'T""-""""',,, , T Co., er County ~ ~~-"'" -'"~ --- tJ~Jii.~;"""-- "l'(;;;"~,:$f. \;~~'*~~~ Yesterday.'i)~ , .~.' ',:;" ' ..~':1t~~ . . ~~"~;t:.:.i)t.i~:~~~:~~'~.,; r .. ." t.".- .,~.~ ,.' -, '._ .r!",~ ~:~..~r:..., ~"_.~..__ ~:,A.;..,,"'''~ , .~..._. :fl""...,..-r.......~'\ . ~ -'!I ,-,.-:'" . .'.~..... .......L \1~ . '9"......',. ',. ."Ii'1"..- ,.",. . _I '. " 1II~"~""'f")" 1f;=...,~.," '\. . . ~. ">''''''''''--'~''''''\''-..r .. . /~.r .., ~,,,,,,,", ,. Tomorr~$ .:.~~~ - BA YSHORE/GA TEW A Y TRIANGLE COMMUNITY REDEVELOPMENT AGENCY COLLIER COUNTY, FLORIDA REQUEST FOR COMMITMENT LINE OF CREDIT Issue Date: Due Date: Agenda Item No. 14A June 12. 2007 Page 7 of 21 Agenda Item No. 14A J~me 12,2007 Page 8 of 21 T ABLE OF CONTENTS I. Introduction Page A. Objectivesm B. Bidding Instructions I. Sealed Bids ------------------------------ -+----------------------------------------------------.+------- 2. Bid Response.uu......muu......mu.............mmu....m.....u...u....mu........u...l 3. Questions, Additionallnfonnation 2 4. Tentalive Schedule 2 C. Draw Schedule 2 ---------------------------.----------------------------.-------------.----------------------- D. Security for LOC...m........mm....mu 3 E. Structure of thc Financing. 3 G. Conditions ----------..----------------- ------------ --.-----------------.-----------.---------- --------------- 4 II. Evaluation of Proposals - eriteria.......m 4 III. Instructions to Offerors 5 IV. Other Infonnalion 6 2 , Agenda Item No. 14A June 12, 2007 Page 9 of 21 REQUEST FOR COMMITMENT LINE OF CREDIT BAYSHORE GATEWAY TRIANGLE COMMUNITY REDEVELOPMENT AGENCY COLLIER COUNTY, FLORIDA I. Introduction Collier County Collier County, Florida ("County") was established in 1923 by legislation from portions of Lee and Monroe Countics. The County is the largcst counly in Florida. The County is located on the southwest coast of the Florida peninsula west of the Miami-Fort Lauderdale area. According to the US Census for 2004, the County's population is 292,466. The County is governed by the Board of County Commissioners ("BOCC"). The BOCC is comprised of five members elected by districts within the County for a term of four years. Community Redevelopment Agency On March 14,2000, the BOCC established the Bayshore Gateway Triangle Community Redevelopment Agency ("CRA") and declared the Board of County Commissioners to be lhe CRA Board. The section states that members of the governing body may be members of the Agency, but such members constitute the head of a legal entity, separate, distinct, and independent from the Board of County Commissioners. A. Objectives The objective of this request for Commitment (the "RFC") is to identify the institution that can provide the CRA with a five-year taxable (either a revolving or non-revolving) Line of Credit ("LOC") at the lowest overall borrowing cost, pursuant to certain conditions. The LOe, not exceeding $9 million, will be used to fund CRA projects. The LOC will be structured with intcrest payments only, with a balloon principal payment due at or prior to the maturity of the LOC. Tbc LOC will be secured by tax increment proceeds received by the eRA, proposed land sales within the CRA and the proceeds of any indebtedness syubsequently issued to refund draws under the LOC.. Any other financing options that may be proposed will also be reviewed for considcration in the best interest of the County and the CRA. The intended use of the $9M LOC is to continue the proactive redevelopment of blighted and underused commercial and residcntial properties within lhe CRA boundary. When the CRA purchases land and/or buildings for redcvelopment, the CRA can offer certain economic incentives to investors and developers to get development projects designed and built. The properties acquired with LOC funds will be sold to or acquired by the private sector once the projects have becn identified and approved. Redeveloped sites will have a higher property tax base thus increasing the Tax Increment Financing (TIF) revcnues to the CRA. TIF will be the funding source to pay the LOC interest until the funds from sold prope11ies are available to pay down the principal. 1 .Auenda Item No. 14A " June 12.2007 Page 10 of 21 The CRA will also pursue certain CRA Board approved public infrastructure projects lhat will incrcase the operation and functionality of the area. Projects may include but not be limited to street and road improvcments, storn1water and drainage improvements, landscaping and beautification, buildings and/or parking facilities, and cultural and rccreational facilities. Once these types of public infrastructure projects are built, they may be collectivcly assembled into a single tax-exempt bond at a future date to pay the principal of the any existing taxablc debt. B. Bidding Instructions I. Bids Copies of lhe response to this RFC should be submitted on or before 2:00 P.M. on , 2007 per thc following directions: Michael Hauer Kelly Ryman, Senior Managing eonsultant Purchasing Acquisilions Administration ManaQer Collier County Purchasing Department Public Financial Management, Inc. Bldg"G" 13350 Mctro Parkway, Suite 302 3301 Tamiami Trail East Ft. Myers, FL 33966 Naples, FL 34112 239-774-8965 239-939-3009 239-53-6699/fax 239-939-1220/fax 111 ikehauer(a 'coil i cr~ov .nct rVll1ank(apfill.COIl1 (Three Copies) (Three Copies) The eRA reserves the right to reject any and all proposals, to WaIve any inforn1aIilies or inegularities not involving price in any proposals received, to readvcrtise for proposals, or lake any olher such actions that may be deemed 10 be in the best inlerest of the eRA. 2. Bid Response Each bid should address all pertinent arcas and be specific. Any conditions should be clearly stated. The failure to disclose substantive terms, conditions and covenanls may be considered causc for thc offeror's proposal to be rejectcd by the CRl\. 3. Questions, Additional Information Offerors, their agents and/or associatcs shall rcfrain from contacting or soliciting any member of lhe eR/\'s Board of Dircctors or the eRA's Financing Team regarding this RFC during lhe selection process. Failure to comply with this provision may result in the disqualification of lhe otTcror. All rcquests for clarifications or additional information should be dirccted to Public Financial 2 . Agenda Item No. 14A June 12. 2007 Page 11 of 21 Management, Inc., the County's/CRA's Financial Advisor no later than 2007. 4. Tentative Schedule The CRA will attempt to adhcre to the following schedule: To Be Determined RFC Issued To Be Determined Written responscs due prior to 2:00 P.M. To Be Determined Commitments analyzed and recommendation made To Be Dctennined Recommendation to CRA for Approval To Be Determined Closing on LOC The CRA reserves the right 10 alter scheduled dates if necessary. C. Draw Schedule The CRA anticipates making an initial draw on the LOC to reimburse itself for certain project costs at closing of approximately $3.5 million. The CRA may draw a pOliion of the remaindcr of the balance available under lhe LOC on a periodic basis through April, 2012. D. Security and Additional Parity Debt for LOC The LOC will be secured by tax increment proceeds received by the CRA, any proposed land sales within the CRA and the proceeds of any indebtedness syubsequently issued to refund draws under lhe LOe.. The CRA currently has a non-rcvolving taxable LOC outstanding with Wachovia Bank with a not 10 exceed approval amount of $7 million. The outstanding balance as of May 30, 2007 is $4,916,000 with 5\2,084,000 remaining in available (unused) credit. The currently outstanding LOC's $4.566M initial draw was used to purchase 17 acres of undeveloped land to be advcrtised to the private sector 10 develop as a mixcd use catalyst dcvelopment for the CRA. The site will be advertised in a Request for Proposals (RFP) in 2007 for a design-build team to purchase and build a $50-75M project with incentives from the CRA. The $350,000 second draw was used to purchase blighted residential parcels in the vicinity of the other purchased 17 acres as part of a residential infill project. The fee- simple single-family lots will be subject of a CRA RFP process for home builders to bid construction of new homes. The land and homes will be sold to qualified home owners. The residential RFP will be advcrtised late 2007 after all available and qualified 3 /\Clencja Item No. l4A " June 12. lOCl7 Page 12:Jf 21 properties have been acquired. Expected nF increases after new construction IS completed are three to five times more lhan the cun'ent tax value per parcel per year. The CRA expects 10 make additional draws to purchase other identified blighted lots in connection wilh lhe same residential infill project. E. Structure of the Financing The CRA expecls to take out the LOC with fixed-rate, long-term financing. Until such time as a permanent financing, the CRA intends to cstablish an additional LOC for up to $9 million for a tenD not to exceed five years, against which funds would be drawn for construction costs, capital equipment purchases and rcimbursement as required. The LOC will be structured with interest only, with the principal due at maturity of the Line. The CRA anticipales paying interest qUaJierly, with the balloon payment of principal relired with the long-term financing. Thc following describes the CRA's requirements in establishing a LOC: 1. Amount: Up to $9 million. 2. Tern1: Five Ycars 3. Rate: Adjustable, taxable basis. The ratc quoted may not exceed the maximum rate permitted under Florida Statute 2] 5.84, applicable at the time of sale. Provide rate for both a revolving and non-revolving instrument. 4. Rcpayment Provision: Interest on the funds activated by draws against the LOC will be paid qUaJicrly each year. The principal amount of thc Line is currcntly anticipaled to be repaid !i'OID proceeds of lhe pennanent financing on or before lhe tern1ination date of thc LOC. Thc CRA rcserves the right to rcpay principal and intcrest, in whole or in part, at any time, without penalty or premium. 5. Draws: Amounts drawn will be peliodic in naturc, at a minimum of $50,000 and in increments of S5,OOO, without restlictions as to timing or amount. 6. NOlice: Five business days will be given of the CRA's intent to make a draw. G. Conditions The CRA will not acccpt proposals with reserve requirements, ml111mUm coverage requirements beyond what is alrcady in place (see attached Additional Information) or other restrictions 10 pledged revenues or requirements to maintain minimum balances in any bank account as a condition for the Loans. The CRA will not accept responses that are subject to credit review. All responses should bc commitments to loan. 4 , Agenda Item No. 14A June 12, 2007 Page 13 of 21 The CRA will not accept proposals that require the offeror's approval before additional debt may be issued. In addition, the CRA will not accept proposals which obligate the payment of interest on the unused portion the LOC. II. EV ALVA nON OF PROPOSALS - CRITERIA Proposals will be evaluated on the basis of cost and compliance with the proposed structure and terms of the LOC as outlined in this RFC. A. Proposal Format In order to assist the CRA in reviewing proposals, each proposal shall be prepared ulilizing the following format and headings: I. Contact Inforn1ation - State the legal name of the financial institution or finn, current principal business address, contact person, telephone and facsimile numbers and e-mail addresses. 2. Interest Rate - State the adjustable rates being proposed for the LOC as follows: Taxable - Payable solely from and secured by the proceeds of the issuance of a permanent, fixed-rate financing and a subordinated lien of the CRA's tax increment financing revenues. Said rates must be a function of an idcntifiable indicator LIB OR as stated in the Wall Street Journal). The rate shall be reset every 90 days based upon the identified indicator. Intcrest will be payable quarterly, calculated on a 360-day basis and will be based only on thc used pOliion of the LOC. Provide the basis of the interest rate and interest paymcnt calculations and provide a detailed example of such calculations. Provide infol1nation so that the indicalor, intercst rate, and calculations can be vcrified as of April 3, 2007. 3. Fees and Expenses - Describe in detail all fees and expenses which the CRA will be responsible to pay. The amounts stated in the Commilment shall represent the maximum amounts payable 10 the offeror by the CRA. All fees and expenses in cxcess of those stated in thc Conunitment shall be the sole responsibility of the offeror and will not be paid or reimbursed by the CRA. All legal documentation associated wilh the LOC will be provided by the County's Bond Counsel, Steve Miller, Nabors, Giblin & Nickerson. 4. Conditions - Providc a listing of all condilions, terms or restrictions, other than those specified in this RFC, which would be included in your commitment to provide the LOC. Include any legal requirements of the CR.i\.. 5 Agenda Item No. 14A June 12, 2007 Page 14 of 21 III. INSTRUCTIONS TO OFFERORS A. Offerors shall thoroughly cxamine and be familiar with the bid specifications. Failure of any ofTeror to receive or examine this documcnt shall in no way relieve any offeror of obligations pertaining to this bid or the subsequent contract. B. Any modifications from the service requirements can result in the rcjection of the bid as not bcing responsive to this RFC. C. The responsibility for delivering the proposal to the eRA on or before the specified date and time will be solely and strictly the responsibility of the offeror. The CRA will in no way be responsible for delays causcd by the United States Post Office or a delay caused by any othcr OCCUlTence. D. The response deadline shall be strictly observed. Under no circumstances will a proposal delivered after thc time specified be considercd. Such RFC's will be returned 10 the offeror unopened. E. Offerors will not be allowed 10 withdraw or modify their bids for a period of sixty (60) days after thc opening timc and date. F. The eRA reserves the right to rcject the bid of any offeror who has previously failed in the proper performance of a contract or to deliver on time other contracts similar in naturc, or who is not in a position 10 pcrforn1 properly under this contract. G. The eRA reserves the right 10 inspect all facilities of lhe offeror in order to make a detern1ination as 10 their capabilitics. H. Fedcral, state, county and local laws, ordinances, rules and rcgulations lhat in any manner affect the items covered hcrein apply. Lack of knowledge by the ofTeror will in no way be a cause for relief fi'om responsibility. I. No succcssful offeror may assign any portion of thc contractual agrecment between the partics without prior wlittcn aulhorization by the eRA. J. Changes to the RFC may bc made by and at thc sole discretion of the CRA. K. WaITanties - The offeror, in submission of its proposal, warrants to the eRA lhat it will comply with all applicable fcderal, state and local laws, regulations and ordcrs in providing lhe scrvices undcr the proposed documents. 6 . Agenda Item No. 14A June 12, 2007 Page 15 of 21 IV. OTHER INFORMA nON A. The CRA reserves the right to accept or reject any and all bids, to waive any irregularities or informalities in any bid or in the bidding, and to accept or reject any items or combinalion of items. The award will be to lhe institution whose response complics with all of the requirements set forth in this RFC and whose bid, in the sole opinion of the eRA, is best taking into consideration all aspects of the offeror's response. B. In the event that the successful offeror does not execute a contract within a timeframe acceptable to the CRA, the eRA may give notice of intent to award the bid to the next most qualified offeror or to call for new bids and may proceed to act accordingly. 7 Agenda Item No. 14A June 12,2007 Page 16 of 21 ADDITIONAL INFORMATION Parity Debt Lan2uage from current loan agreement SECTION 2.07. ISSUANCE OF ADDITIONAL AGENey DEBT. No Agency Debt payable on a senior basis with respect to the Draws or Master Nole shall be issued without the written consent of the Bank. No Agency Debt payable on parity with (he Draws or Master Note then outstanding pursuant to this Agreement, shall be issued by the Agency except upon the conditions and in the manner provided in this Section 2.07. No such additional Agency Debt or any Draw hereunder shall be issued unlcss (1) no Event of Default (as specified in Section 5.01 hereof) shall have occurred and be continuing hereunder, and (2) the following conditions are complied with: (a) Except as othcrwise provided in Section 2.07(b) hercof, there shall have been obtained and filed with thc Agency and the Bank a celiificate of an Authorized Officer: (I) stating that he or she has examincd the hooks and rccords of lhe Agency relating to the Increment Tax Revenues which have bcen reccived by the Agency; (2) setting forth the amount of such Increment Tax Revenues receivcd by the Agency during the immediately preccding Fiscal Year; and (3) stating that the amount of such Incrcment Tax Revenues received during the aforementioned Fiscal Year equals alleast 1.50 limes the Maximum Annual Debt Scrvice on all Agency Debt then outslanding and such addilional Agency Dcbt with respect to which such slatement is made. Such celiificate by the Authorized Ofticcr may be partially based upon a certification of celiain matters related to lhe calculalion of the Maximum Annual Dcbt Servicc by the Agency's financial advisor. For pUI1Joses of calculaling Maximum Annual Debt Scrvice on any Draws made hereunder, such Draws shall be assumed to be amoliized over 19 years on a level debt scrvice basis and thc interest rale on such Draws shall be assumcd 10 he the highcr of 7.50% and the actual interest rale home by such Draws during the month immcdiately preceding the date of calculation. In addition, in calculating the Maximum Annual Dcht Service on Draws hereundcr, the principal amount of such Draws shall be assumed to be the sum of lhe principal amount (hat is thcn outstanding hereunder plus the principal amount thal the Agency may lhen Draw hercunder pursuant to lhe provisions hereof. For purposes of calculating lhe Maximum Annual Debt Service on any othcr Agency Dcbl, the Agcncy shall considcr the actual debt service on such Debt. (b) In the event any additional indehtcdness securcd by or payable f"0111 the Increment Tax Revenucs is issued or incurred for lhe pUJ]Josc of rcfunding or refinancing any Agcncy Dcbt, the conditions of Scction 2.07(a) hereof shall not apply, provided that the issuance or incurrence of such addilional Agency Dcbt (1) is applied to refinance Draws outstanding hercunder, (2) shall nol result in an incrcase in the annual debt servicc for Agency Dcbt secured by or payable from Increment Tax Revcnucs in any Fiscal Ycar, or (3) the issuance or incuITcnce of such additional indcbtedness shall result in all Draws and then outslanding hcreunder bcing paid in full. SECTION 2.08. RATE COVENANT. Wilhin 180 days of lhe end of cach Fiscal Year, the Agency shall provide lhe Bank with a certificate of an Authorized Ofticcr; (1) stating that he or she has cxamined the books and records of the Agency relaling (0 the Increment Tax Revenues which have been reccived by thc Agency; (2) setting fOlih thc amount of such Incremcnt Tax Revenues reccived by the Agency during thc immediately preceding Fiscal Ycar; and (3) stating that the anlount or such Increment Tax Revenues received dUlillg the aforenlcntioned Fiscal Y car 8 . Agenda Item No. 14A June 12. 2007 Page 17 of 21 equals at least 1.50 times the Annual Debt Service for such Fiscal Year on all Agency Debt outstanding as ofthe end of such Fiscal Year. Financial Information CRA Tax Increment Financinl! (TIF) Calculations (Section 163.387(1), Florida Statutes): I. The annual funding of the redevelopment trust fund shall be in an amount not less than that increment in the income, proceeds, rcvenues, and funds of each taxing authority derived from or held in connection with the undertaking and carrying out of community redevelopment under this part. Such increment shall be determined annually and shall be lhat amount equal to 95 percent of the difference between: (a) The amount of ad valorem taxes levied each year by each taxing authority, exclusive of any amount from any debt service millage, on taxable real property contained within the geographic boundaries of a community redevelopment area; and (b) The amount of ad valorem taxes which would have been produced by the rate upon which the tax is levied each year by or for each taxing authority, exclusive of any debt service millage, upon the total of lhe assessed value of the taxable real property in the community redevelopment area as shown upon the most recent assessment roll used in conneclion with lhe taxation of such propeliy by cach taxing authority prior to the efTective date of the ordinance providing for the funding of the trust fund. CRA TIF Revenues: Below, the CRA's annual taxable values and TIF collections are tabulated for review: Tax County Other Total Year Taxable Base Year Increment Millage Millage Millage TIF Revenue 1999 288,081,106 2000 317,372,765 -288,081,106 29,291,659 3.5028 0.8425 4.3453 $ 120,917.00 2001 344,028.693 -288,081,106 55,947,587 3.9077 0.8425 4.7502 $ 250,582.00 2002 388,101,306 -288,081,106 100,020.200 3.8772 0.8069 4.6841 $ 445,079.00 2003 431,519,296 -288,081,106 143,438,190 3.8772 0.8069 4.6841 $ 638,285.00 2004 475,282,882 -288,081,106 187,201,776 3.8772 0.8069 4.6841 $ 833,028.00 2005 557,503,167 -288,081,106 269,422,061 3.8772 0.8069 4.6841 $ 1,198,900.00 2006 752,488,224 -288,081,106 464,407,118 3.5912 0.8069 4.3981 $ 1,940,383.00 9 Agenda Item No. 14.'1 ,luna 12, 2007 Page 18 of 21 Bayshore Gateway Triangle eRA TIF $2,500.000.00 $2,000,000.00 --- I Inn I I $1,940.383.00 --r ---1--- '" ~ $1,500,000.00 '" > '" a:: !:!: $1.000.00000 I-- I I - I I I $833.02800 $- $500,000 00 2000 2001 2002 2003 Tax Year 2004 2005 2006 I ------ -------- -- --- --, -+-Bayshore Gateway Triangle eRA TIF, CRA T1F Proiections: I. Projected CRA TlF revenues in the 2000 eRA Rcdevclopment Master Plan werc exceedcd in 2004. In June 2006 the 2006-2030 TIF projections were updated using the 2005 tax rolls and known development projects that were cither underway, approved or planned. The FY2007 TIF cxceeded these projections; howcver thc annual budgets are still planned on lhe basis of thc "Medium Scenario" of the June 2006 TIF study. 2. Thc June 2006 nF projcctions 2006-2030, the "i\1cdiull1 Sccnario" table is included for revicw. 10 . Agenda 11em r;Jo. 1~A June 12. 2007 Page 19 of 21 Table 2 Estimated Tax Collections Anticipated In Bayshore Gateway Trian{lle eRA, 21)06-2G30 Medium Scenario Year Estimated Taxabie Value of eRA for Tax Purposes Less: Base Year Subject to Tax Increment Calculations! ,..1illrige Co! Ie :::tion$ for Gen eral Mill3ge Fund Collections for MSTO Estimated Increment Collections 198e 20::m ::W:J1 20:12 20:3 201:4 20;'::. 2D:.6 2D:'7 20:e 2'):9 l'J1G 2011 2012 2')13 2014 201=- 2015' 2,)17 2'J1S 2J13: 2]:: 2'J:1 ::D:':: 2]:3 20:'~ 20:~ 2'J::: 2')::7 ''"''"'Q _'..1_... 20:& 2'J:: s:::ge,.D81, :06 5317.2.72.765 S~4.D:8"693 S39B,101.306 ~31,!:,19_296 s.4 7!:',::62..832 S::5,6Bl'?:9 SE:::~.6::1"~31 S71!?.4::.6_~71 SS2::.8:::'_~I~I? ~;~7.1:0..201 31,:::3'1'::';:-0_929 81, 17e-.::4~lA,=;3 :31 ,:3~.C'51_t3~(4 31 ,37~ ,~S~..CIl37 31,~er:,712_":25 Sl.~~9.4f.4.',::'5 Sl.e3E.5E'E'_679 :31,7:'=,2.~.1.778 .31, ~:L.~.'e,E.7..j.O .31.22:::.7['::::% S'::.:2?E,:::8..:;~,3 S2,1.:::.e.E.2,5. :~t2 32.::3.:::724713 32.?'=:.Eq4~1t32 52.:1:.[-::.7.745 .32.:::.::-.:-.2.,:;::',2 .32,7a:.7C'E'.2t34 32.?L?2E'A,22;1 33,1 ::.:'E'4 0'6 ~3.:S~A ~.:UI.39 33 ,,,-,:: 3.::.2.4 ,6S::' His:o"ical T<1): E,:)!:==- $28,3,0-31,1:'6 $288:J81,1:6 $:8".0..31,1:6 $:8.3.0.31,1:6 $28-9.0.31,1::6 $25.3.0.31,1:6 $28,9.0,31.1:6 S2t~,'3,D,3' 1 ,1 ::::;:. $28,'3,D-31 1:6 :1;28-3.03'1,1:6 $283.03'1,1-:6 $28.3.0,31,1:6 526-3.031,1::::6 S2Ci-3.'J.31, 1::::6 $26.3.'),31,1:6 $26.3.0.31,1:6 S28'3.'J81,1:e, S2(;3,].31, l:e. S25-3.'J3'1 ,1 :;:, S::,:;,3D31,1::e. S2,:;3:J31.1:6 S28,3.C131, 1:6 $2.:;3.0.31,'1:e. S2;3-3,031, 1:6 $::.:,3,']31.1:6 S2.:.3,.J31.1::::E. S::::,3,D31.1:e. S2.:.,3,'],31.1 :E, $2.:,.3.0-31.1:e. S22:.3.031,1:6 S22:,3.:J31, 1::::6 Average Al1nual Rate of Gro.....1h. 2006.2030 Total Taxable Value S29.281.'.3:9 S55.947,S9-7 $100,02(1,2:IC SI43.43.3.1.J S187.201,775 S267,600:313 S24:.540,O::: ~>4:;'1.405.2S=, ~.~44.;342..38:} S;E-59,,02:J.O~5 S793.;:;07,.323 Se.90. 7" 6.3,3 g:; ~.8~1:5,,970.5~g 1.C'90.57.3:;I'31 l,i7o.1331,019 1.26~<~e;3.023 '.24;35~,3.573 1.440.270.S73. 1.!:,:;.t)..o2;5:334 :.f..2'o.621.1-38 1.7~5.743.727 1.::,55.5::.4,025 1.F7S.';~11.37: ::.('::'7,':;83.356 ::.:::1397>3:3::? ::,::.1:,2,771.723 ::.~.C'S,j32:3.159- :.(:S59-3.'12:, ::.e.: 4D~2.-:Jl: :.t'2,O~',~,3.33: 2."5:5.::',03,5.17 s~ ~ :;'.5.3.5 S216.349 S367.-350 S556,213 S72S,'31a Sl.c'376.30 S.-1)24.:3::\7 S! .E,7286':1 S::, i '12.74-3 S::.:55..530 S3.D75.164 ~.2.A S4" "') 50 S::..C.62.0'~5 S4.::::,O.':>J4 S4.570A01 S4.e.g',.230 ~,5.::29. 'j 77 ~.:.'::':::4.8-36 ~,::..::'58,1312 Se,}54, ~ 14 ~.6.76SIS25 S7.::06.SL::2 S7.E,::-,9233 ~.e,.; ~)S04S ~.::..E,:::,:3.5~i2 ~.tj.;132.','.F ~.0. -:., G" ~i 24 :O.:';i,3S37 ; D.S'~ ',0::154- 1 ~ .::.568]] ~ :.:35.::,34 T::t[.;1 S23.E.2.5 .s':::':..-144 598.706 3'11:,740 31:1,0::,3 321E.K7 3:7:,::.2.9 3348,lD1 .3'::'3&.1:,2.4 35'31.171 SSL:.E.::4 371 ~,7E-l 38:3,E48 333::::.::::6 .3&51,0::.7 S1.017,310 S1.oe~.1::D S1.162.1::.4 .31.2LD,112, S1.3::.=[<~' S1.4:~,54~, :31.4?~.2E,7 S1.53:,72.:: S1 :3?2,7~1~ 01,7" ,,47 .31.;1:2.:::1 .32,0:1 ,7E'~ -32,1":'3.:::-.6 32.:27:.:::7 S2.4:"::'.~2,i S2.:,..:.e.:"4 ':::'r.nU<1 L.';'-e~J',;J.; :'::::,', e3~:'.: ::'['13-'::'~,O Subject tD In:::rement $~30,359' $:4.3.9% $44.5,129 $83,3.356 $333,121 S1.;~IO.927 $1.5;9,9-36 $1.9;9,::+21 S,2424,'6-3 5:;'::,,932,936 5,;3.532,754 $2',8134,266 S4A.32,457 ~4,,::,54.313 S.:..245.3'37 :::.!:..13:3.S45 ~,e,oo. ,432 ~'.E-409.i'35 SE-.E,~,9.73-; S7,,2~12.:D2 S.7,713~~.2'31 5..;:..2r.23.3 ~.;:,"7~IO.37;J S~.~,~,6,444 ~,E'Sl.O.:112 8.' [5",5.253 S:.; 1 ',5~ ,']2,J $~ 1.0'9,347 So ~ :. 5::::~. 452 S12'.26.:,'345 ~.1J-.042 323 S~::,2..072,1';l2 ~.6' ::':.33': Estimated Increment Collections 7.0%, 8~t"::o II 83% }'>,genca Item i'Jo. 14A .Lme 12. 2007 Page 20 of 21 CR4. Audited Budget FYO - FY06: Revenues Iistcd as Transf. Gcn. Fund (001) and Transf. MSTD Gen. Fund (Ill) are TIF revenues as delailed in the eRA TIF Revenucs paragraph citcd earlicr. FUl\ll: BAYSHOREGATEWAY lRJ......'0LE REfJEVELOl'MI:.~T (lS7) FY 03/04 IT 04/05 FY 04/05 FY 05/% FY 0.106 FY 05/06 AcruaJ Adopted Forecast Current Expanded Total Appropriation Unit ExplRev Budp,et Exp/Rev Service Service Budget Personal Services 34,974 83,Roo 80,100 120,300 104,500 224.800 Operal~g Expenses 132.322 91,400 330,000 312,400 5,00.0 317,400 C.pH.IOutlay 6.289 0. 0 177,000 5.000 182,O()() Remjttance~ ((rrams & Aid) 1,760 a 200,00.0 10.0.0.00 a J 00.0.0.0. R esr;rvcs 0 J.594.WO 0 1.841,400 0 1,841,40.0 Transfer (111) 85.700 a 0 0. a a .-"--- ----~ Total Ap?fopriations 26 J ,0.45 1,770.00.0 610..100. 2,551.100 114.500. 2,665.60.0 ~_t'VCI1~: Transf Gen. Fund (00 I) :' 28,300 689,500 Wi.50') 992,400. 0 992,40.0 Transf. MSTD Gen. FWld (II J) 110,000 J43,500 143500 20n,oOO 0 20G.GOO Interest 16.532 5,500 J 1.500 \5UO U 5.500. Carryfof\\'ard 8.14,412 931.80Q 1,227,000 1,346.QOO 1l4,jOO 1.461,400. Re\'enue Rtscrvc a (3lXI) 0 1)001 0 (3001 --'.-.'_. ------,~,- ----. ----- Total Rc\'enue 1.489.244 1.770,000 !.O71.~OO 2.55 1.1 0.0 114,500 2.665.600 12 r <\. q ",. . <( 0::: U II) c II) 0 0 1.. ......, -- 0"0- _ CU oQ.l:j:j :'2: '- 0 ~O) c - Q.l OOZ .- II) C Q.l a; ::::>'-"0 () C CU::::> ~ . o II) CD e....O ()~~ CUl:;c CD c'- t'!0:'2: 'C""'UO') O)<(M ,S 0::: I;;h- ~U"O '- :'2: Q) Q.l I.C) .!Q 0) . CU '- ("') '- ~ I;;h- c. OJ c. <( ) " .. . " .. . . . .,<<.~!,. ;J. ~;;, . /, ".". ~Jl ." . . /:!I{o>' . "i'4'~. . ,,~;i'/ . " ..-i ~_",..", /,'. "'i',..t ~ ,.. .",. .,<', "" ,'/ ".....- W ...II- mC>U ~ZWO 'C"'" <( 0"" .f l!) -0 _ ~ IN 06 0::: 0::: II () .... OI-a..Q)06~ ..l. 0> "'" en ~~(/)1-~0~ -=== ~ 0>-0 ::a;.::::;>-rncQ) W Q.l ...I rn 'c :0 . I- ,-<(_om .. :::,:,~.. _ ~ <(I- ~ N ~ .. ~ U <( 'C"'" - Q.l '- () CU + 0') N . CD "0 Q.l - ..c E Q.l II) ~ >. Q.l .... CU > .- '- a.. , I . I'r ,--' ~ j.__ c / ,......Ii ..'. ~ ~ 1: - III. ..~ ""- - ; :"\' . J. - , , """ ~ ' .. .;1 ., :..~ :;':1 ~ . . . Agenda Item 1\.]0. .16,1:",1 June 12, 2007 P3;:;81 :Jf 6 EXECUTIVE SUMMARY Recommendation to approve final acceptance of the water and sewer utility facilities for Quail West, Phase 3, Unit 6 OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept final and unconditional conveyance of these water and/or sewer facililies. CONSIDERATIONS: 1) The Developer of Quail West, Phase 3, Unit 6, has constructed the water and sewer facilities wilhin dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance of these utility facilities was approved by the Engineering Services Department staff on February 9, 2005. At that time, the value of these utility facilities (assets) was $43,563.96 for the water facilities and $71,795.78 for the sewer facilities (see attachment[s)). This final acceptance is in accordance with Collier County Ordinance No. 2004-31, as amended. ,- 3) Staff recorded all preliminary acceptance documents in the public records of Collier County, which have been reviewed and approved by the County Attorney's office as to form and legal sufficiency. 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during, not less than, the required one (1) year warranty period. 5) A final inspection to discover defects in materials and workmanship has been conducted by the Engineering Services Department staff, and these facilities have been found to be satisfactory and acceptable. FISCAL IMPACT: Approval of this Executive Summary will have no specific financial impact. However, approval of this Executive Summary will result in the Collier County Water-Sewer District receiving unconditional title to the utility facilities, which at the time of preliminary acceptance, had a total (undepreciated) value of $115,359.74. GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impact. LEGAL CONSIDERATIONS: No additional legal review from the County Attorney is required to complete this final acceptance. ..-. :t9:1: ~'JO. i Cd;'" 1 JLne 12,2007 2 elf ,3 RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, authorize final acceptance of these water and sewer utility facilities for Quail Wesl, Phase 3, Unit 6, and authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) to the Project Engineer or the Developer's designated agent. PREPARED BY: Jodi Pannullo, Engineering Technician Item Number: Item Summary: Meeting Date: Page 1 of" 1 ,--',(!s.:-;.:),'; COLLIER COUNTY B~fUW Qf' :>:::lUN1Y CCJtM,'~!!;:;I:H;Cr:S ',",'-'1 r".;;,,:>;'TI.r(ldt-cnkJ;'r"l',C' '('pl,nJoftne,;.;,n0 iel Q ii'lIl "(,W('f ;J',I;I\ 'st. ~'I',,'i' (,' 3 Urll16 -:.'.'}':,''j- 0.:,," ()C) i.,M Adn.ir"~lrJbv," A',~r5t~rl! DEte rrepllrctl By JodiF-armu!!o Comn)unily D~~el()pm"nt S En."rorlmentaI5ervi<.:es CDES E:rrgineeritlg Ser~ic"s S.'8!20Q7104e.39AM ApprrlVt'u B)' Ct1ES FnQ;"el'ring Se"v,~<;e, ['.r,-,ctur D!lte Thomas E,hur,k P.E CornrnunityDeveloprnenl& Lnvironrn.",taiServices CDESf"g;rreering S"r,'ices 51$.'2007 J:45fM Pm-ncln Li~by V',jJlerOpe,~li()n' MErJ1'9Ur D~te Apprn\'l'll By r'.JblicU\ilities \.'.J "~(" ":9.'~OJ7 i; 2:, I M AppruH,ll By f'.l": k\,lit'hJ',r:h ~'l.iU;C Utiliti"s W~~G-" Dm"G~"r D~l~ Water 519,~(J()7 lQ4L i\M \!."35l<:W""tB'Colk'GtIQTO<, M~n"'1"r Cate Approved Uy Skp'1'"n1.. !\'21\' PUf;I,<;U\ilit".s \"iJ~t".WnlN 5nD.'2D077;Sfif,r" '\Ilpron>ll By time M~rI",,(, S1(-"!;1['\ L~~', "li'I" S"'c'c;~ry Ccmmu,-,ity C')p'T'o;m'",'r ~ & C"'ml'lullily [J"v'olrmn',' ,-,1 :. fJi4/;:Y;: 3.~iE ,,~" Approvt'd By "P"''')c'''i,,'r;t~' Sf': ...'n.[' ":i""r'-')[Hnc,rt~1 S"rv,r:c,~ t.('in,in D.1\e ,Jlld',,-P,,,:(] C'I-"H,:ioom,/,:':o'\".'l Approved By ,:(" 'mLl' ", ~-'Vh C;Jl'i,UL i'. C'."""'""i!\, [)'.'",":::.' tn,'I',t 2- fn',,"'-"'l'-'-'~n:al :~I ,,'ief:S En'_''''onrmlh~al S ',',Ien'. i>.'!min. , '~;';:'SG7 10';':' L,M r;'C;V D. /;"d(.r~on F,E ,'l.'l,ii(; !f,Ir:'l~S ,,_'-,gil1'.',,'ind t. ,.-,<I.cH Ude ruclicUl::itl-."S hJbl" tll,ii~i" "",:"ncl',.;ng $;1 Ei:;~ l7 .~: :'~ r-'M Appru\'l'tl By G (',':'u ,I'" ~'i;ll\iJl_ ,"',nw,:;liti'," 'c'i; Ul.'/idlC' Uin:',' ,or [hi" '\ppnl\'<:d II)' ..Sl."lc\"'- -.., S"~(1[j~ 5 -';:'; ::.1\ ~ J"~',rh ,; ~>c: Ic"itt _nl~ :J::lt\ ii.", ,t}['l1U;t So 'C "'.-",-C1l1~lE "t~1 :,crv<<>F (,Iin ,m;tr"L" Lre,'\) t:l1v:rr: "',cnt~1 ,; )"",(.<:,$ c.om,'." ":1" .'e\,( IDIJ' ,cd 3. ":'n>;lHln't;' DC" ("IOPMl.' :t & ~o,,','iwrl'm "t.11 S~rv,',"c, ;'.Clll';n. $":'2C~()7 4:"; PiA Appro\'l'll By CHiS Co'C"(i \~, C C' LJ n:,' r.1 J nJ y:,' I' '~,'fl'; "e, "~:r);!',,, DJtt, :jff'rcr (J' 1\~""'2CjC "cr.t (;, ;:<."I('"t 5,2',i20C'" 3 ~, "M 0',,",I('('--I;..<1;1h'$1 CJ".~ Appro'ed By Y:.ri-. !:-,"~kS(',f) Cou;,t,' r/~r;?(;':'" Ufhu: Uffice' "I ~""'l",KJ1I,,,r, Ii 8\"I;1'::t ,y,"'Oj74S:' .\ppnweuBy ",n<v r/J''ii1{j'2I' DMc J,JH~'~, V. hu;:id BC;fd ,;',j C'",'n!'i C ':' I :.";,',, '~i C' It: r~' r:;-'cmtyP. ,'nn,-'t:r's Jfh,,,,' '-',"1,2()()~ 1:2!1 ~'r" -~ ,--- ,:..;) <2,-;:: ;e~~~ :;:'..J Q) -,...,.- ::n ~-~~ 6) :3 =, 1l " 1i :J) <( I I L TIll [ITT7"~ ~--~:roJ:rru/;')rll;1 /\ . . - LL)'<dIrII:=;,.Y'~ v.:J11 ~( -rc./ ~-~rr ~1Jfi!j\ ,[, \ D 'I'H '~J.J.lJi', . .--(0)U .~ H i,~ 1IJ:Uj,@J jT'\!\.sr~\\J))\--- H.] \ t, '. ./.JJJJ I "\ ul~ "'8s. ~~ I d' ~ r~~~' .~IH b/"~, .,.. 5 -j }.L\..l./ P:1 -c it ! W~ PJJ11IIIII;~_~lIITI i I j L~I ,I f~~--4~.}'f1~TI~JJIrJIi(~._ T1 \~~( ~~~'J:.Ti'i-l\T yd 'r. "-0 ~~~2;<J i I 11~\rtL~~;IJJ~ ; JfRtlHN z o w- t::~ ",0 S n.:>sOJ.lO' / ~ - I",,) n. ""'j'"'" ,~, ".""".,," ~L_""""3"1f"011_"'JtTI<Y.) '1l6\1-;1 ~ I) ~ ~ ~ , .'. i ill -Ii I 'ii '---'m--~;t , nfJ . ~I ~;~: ~r~ H;:1 I :-: '" ~~ , j I ," I I" ~ <J!f'o"3"1"""""""" , 0 o ",.z 00 wi= '<: 00 g:g \ , , ^ , - , ~ -.' " ~b ~ . o C I ~:;: .,. i" ~~ J."I \ "-iJ!'''SlO~.w L ,- di .n .- , w c.' ~ .. ;; ".,-,.""~....,,, ~- ~,,~ ~ ~ ~ .' ~~ ~~~ I:::: '~~ I,. "" [~ ~ h", .' ~ ~:!( ~ ~ ... , ; ~~ a.. <( L LU l- e/) , , ~j ~ ~I WI ~I , a.. <( L Z o I- <( u o .....J , ,. . . , p,gew~..~. 0.. 16A1 'S:~ C)C07 CERTIFICATION OF CONTRIBUTORY ASSE ~ . COUNTY' :c. zff~ Quail West, Phase 3, Unit 6 PROJECT NAME: LOCATION: All that portion of Section 7. Township 48 South, Range 26 East lying East of 1-75 Right of Way, less the North 60' thereof, and the West Y, of Section 8, Township 48 South, Range 26 East, less the North 60' thereof, Collier County, Florida NAME & ADDRESS OF OWNER: Quail West limited, 6289 Burnham Road, Naples, Florida 34119 TYPE OF UTILITY SYSTEM: Potable Water (Materials Only) lITEM SIZE QUANTITY UNIT COST TOTAL PVC DR18 CL150 8" 1062 If $4.99 $5,299.38 PVC DR14 CL200 8" 31 If $6.31 $195.61 PVC DR18 CL150 10" 2345 If $7.55 $17,704.75 PVC DR14 CL200 10" 152 If $9.53 $1,448.56 Gate Valve & Box 8" 1 ea $634.48 $634.48 Gate Valve & Box 10" 7 ea $958.72 $6,711.04 22 Y, Degree Bend 8" 16 ea $134.87 $2,157.92 Single Water Service 2 ea $256.39 $512.78 Double Water Service 15 ea $512.78 $7,691.70 Permanent Bacterial Sample Point 2 ea $603.87 $1,207.74 TOTAL COST $43,563.96 I do hereby certify that the quantities of material described above are true and accurate representation of the as- installed cost of the system. CERTIF)'I~G: d vJi!J4t--- Hank Morvan of Naples Road Building Corporation STATE OF FLORIDA ) }ss: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this d.'7Ih day of JLl f'1 Mn./r fflf'lr lInn who is personally known to me and who did nol take an oath. SEAL: ,2004, by _ fJb?to ~) 6 \\\HHIIUiltlll \\\ . H '" "" c...QNo. ernanft '/,l ~ J ..&.~.:..,".. is'? ~ $' ..:~-,~~~,\:~/U,l;e:;'... ~..;. .... . .'-' 1:''' ,8.2,., -<). .,. ~* ($ )~ .._-'~6' ~\* ~ - - ~~':. ~DD11382, .:="~ ~.-A.. . ..~='" ~~..~5'or~tt>I"~ ..06<-':: ~Y..o.f:.;rFd/rj.lnOll;"'..../"". .-' i'/. </8.......... &'< ~.... 'I/II/,f!C. ST"i~~...,~". C_UION OF CONTRIBUTORY ASS~ !t~:.:r::, n:J. fA 1 UNTY ~~~~ij,~ \QJ~)7 PROJECT NAME: Quail West. Phase 3. Unit 6 LOCATION: All that portion of Section 7. Township 48 South, Range 26 East lying East of 1-75 Right of Way, less the North 60' thereof, and the West Y. of Section 8, Township 48 South, Range 26 East, less the North 60' thereof, Collier County, Florida NAME & ADDRESS OF OWNER: Quail West Limited, 6289 Burnham Road, Naples, Florida 34119 TYPE OF UTILITY SYSTEM: Sanitary Sewer (Materials Only) liTEM SIZE QUANTITY UNIT COST TOTAL PVC Sewer Pipe (0-6') 8" 865 If $3.07 $2,655.55 PVC Sewer Pipe (6' - 8') 8" 1133 If $3.07 $3,478.31 PVC Sewer Pipe (8' - 10') 8" 392 If $3.07 $1,203.44 PVC Sewer Pipe (10' - 12') 8" 484 If $3.07 $1,485.88 Manhole (0-6') 4' 4 ea $1,175.54 $4,702.16 Manhole (6' - 8') 4' 4 ea $1,547.60 $6,190.40 Manhole (8' - 10') 4' 3 ea $1 ,984.32 $5,952.96 Manhole (10' - 12') 4' 1 ea $2,104.10 $2,104.10 Service Laterals 6" 880 If $1.74 $1,531.20 Single Clean Outs 6" 12 ea $111.87 $1,342.44 Double Clean Ouls 6" 10 ea $223.75 $2,237.5( PVC Force Main CL150 DR18 Pipe 4" 803 If $1.64 $1,316.92 PVC Force Main CL200 DR14 Pipe 4" 135 If $2.11 $284.85 Plug Valve 4" 1 ea $345.59 $345.59 Pump Station 1 ea $36,964.48 $36,964.48 TOTAL COST $71,795.78 I do hereby certify that the quantities of material described above are true and accurate representation of the as-installed cost of ~ system. ,. R I G/ / STATE OF FLORIDA ) )SS: COUNTY OF COLLIER) The foregoing instrument was signed and acknowledged before me this 2/:HJ:L day of :full' ,2004, by who is personally known to me and who did not take an oath. \\'l\"\\H1iJiiilll; I "\.\~_Cli\a Heman';'''..::;.. ~ ~ ........ '-',o...~. ~ .::\...'\SSJo.......~ "'-:; .... "1.J""l'f' "f~. ~ :ii .:"<:1 ~~18..?o -1:.. -::. ~ /~ ~~ {,;;.~~ ~ ~*: =.._ (1l~*~ ~~~ #DD113tJ21 _:~3 ~~... R._._ ."'~~. ~~.t-...~~~ ...ff~ :.0;.. Al,....<Q}ollJ5ll:"'~... ()V .....' J-/!;.f1 I' /J?or L/ J/j3Tu (t.. .6!hy ) Q SEAL: . ,!:\,c;snda I tsrn 1\]0. 16,L\2 " JJn.o 12. 2007 F:age 1 of 5 EXECUTIVE SUMMARY To accept final and unconditional conveyance of the water facility for Royal Cove Plaza OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept final and unconditional conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Royal Cove Plaza has constructed the water facility within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance of this water utility facility was approved by the Engineering Services Department slaff on February 17, 2005. At that time, the value of this utility facility (assets) was $4,155.50 (see attachment[s]). Final Acceptance is in accordance with Ordinance 2004-31, as amended. 3) Staff has recorded all preliminary acceptance documents in the public records of Collier County, which have been reviewed and approved by the County Attorney's office as to form and legal sufficiency. _.. 4) The water facility has been operated and maintained by the Collier County Water- Sewer District during, not less than, the required one (1) year warranty period. 5) A final inspection to discover defects in materials and workmanship has been conducted by the Engineering Services Departmenl staff and this facility has been found to be satisfactory and acceptable. 6) The Utilities Performance Security (UPS), in the form of Cash Bond in the amount of $8,990, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval of this Executive Summary. 7) The water utility infrastructure connected beyond the master meter is owned and maintained by the owner. FISCAL IMPACT: Approval of this Executive Summary will have no specific financial impact. However, approval of this Executive Summary will result in the Collier County Water-Sewer Districi receiving unconditionallitle to the utility facility, which al the time of preliminary acceptance, had a total (undepreciated) value of $4,155.50. GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impaci. .......... !tE::;I ~'JO. '[ GA2 June ~2, 2C)07 :: ~)j 5 LEGAL CONSIDERATIONS: No additional legal review from the County Attorney was required to complete this final acceptance. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept final and unconditional conveyance of the water facility for Royal Cove Plaza, and authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) to the Project Engineer or the Developer's designated agent. PREPARED BY: Jodi Pannullo, Engineering Technician ttemNumber: Item Summary: Meeting Date: Page] of] .t\~1(;11;:!' It, [1', r-Jc, 'fA2 J' r;( 12 ~:UC7 . '~it ;0; COLLIER COUNTY BOARD:;r (GUIlTY CO:"1i,lL:;SIOI,trs iEA::' ~ &~;(".\ 1'1 :'1 2H"~ U'l ""1(111'O'IC!: :rY1-fh'a",(;l' "1(! w:.!wr :'Jr I. il\o'~1 ('iV,. "U!d "{r,1 ~JCi "M rr~p:lr~d Hy t\dmln,~jral,~(: A~sislanl D~le J,,:liP"l1rll,llo Ctlrnrnul1it)' Do;>vc!apm"I1'. 8. [n'"ronmenlaIService$ CDES EnqinoNing Service" ~!j4,-2()07 3,21 21 PM CDES E:"gin<oerollg Sf"V'C"~ Din,Clor Dc'!>:! Allllroved 0)' Tllornas E. huck. "'_E. CCi\1rnllnily D<evelapmenl & Epv,ronmcntill S~r/ices CD!::SF."Jine",rjng Scn"ccs "i14,'100i 3~" PM r,1ulent Slew~rt ExeClJ!ivc Sacretnry Dnte ApproHdBy '\I'pnf\'cd fly Community l"IVelopment & Community Development & E"Vlrq"'\lPllt~~ S<:rvica~ Adr'r,m. 5115.'2001 ::'04 PM En ;iromnel~t~1 Seevie,;s ,J",JyPlJig Ore,-n!;('ns r,rl"!:I~t ["1"0 :::',.rnmunHy n,'"eiOrJ;",1Cnl & C.c,'nfr;"r\;ly [kvch~ n,,,;,1 &. SnvironmentaI3ct",'cns !:.r\',irdl;""n\.J: Suvin", Admi" 5l1l)/1(W71.::' PM h'Hm,'IJL+hy 'Nmc,-UI"""t'''''~ i,,~n.Ju.,r Un"" A[lprovcd By r:','blicU";II\,es \',,'~kr 5;1C]UD'-e,rt,M ,,,,'0. :;"tI'..'i_'n. " E. P,.\b'.c' UUl;tics Ln?' -,C("""'!:i [)i'c~t'" [Ii":e AtIIJrOH'd By he; 1:(;~ltihi"s f"-.bi,e l':ili::,,: En;;:ne(.,,-i'l? "Jw::nn7':::2, "'M .\pprovru B)' Pn":\';td:'c',;;h c',n)I,~ ~'tii;t, .....,'C"..,C\or :');H' m',;, :'C1 :'\.'(ii2:j' p\, ApprUH,d By ""'~I};': ft ;,<;I""I:t C""nmw\,ty [''''}L"I'~pr',c"l& 'CTwir(J!""('1l1":""r,,ic',, 1',(:rnltls\rJ\o, [i..;tc 0> ,ent,;:' '"ul~r;~ ,,' I,W1<> ,i:'./ [JWJ"!( nI11~;li <:. CC;l11r.1LJr.rtj' [),.".,,,'o;,mrrll & :::fl'.'rrO,,:ne j~; Serv'c\>" : ':1m;" ;:,.' ~.: 2e: C:;- <'; 41; f' ~.,~ Appro\'ed By '>'.,F; C"Grc;',.,,,1c v.,J01:\,\\,,,,,,qc(,-Ci'r,c, 'A,.-if:::, r,;,n;,lWf r:"te Offic,' "I \.- ~"'i1p'; men!' i~ ['.,d)"! ~:l:;:;,'2i:iJ7 ~G' f'M ~;;'J:lF: 1'1'''''\,51 CJiite AllpnJY[.d B)' 1":.'!I'kl",'cl"--,011 C"uniy ~.'i'>r:c'.J"r'" Olne'l r:'~'fic" ,,~ M"""!,, r',<:rH 2. S"dc"-'\ i:."'~'i[j7 :'1:" M Approved By ".""n~v I':.",,~(wr ~\'.e -1,"7"" Pi",:!tl !':",,<r<J '.)f'~(wn'y c",,,,,, '~'-i,W"''''', "'I,,,j, r: ~nJ~e"~ C-f~ (,,,',',-.l:J7.,;4S "/ . . :~':':':n ~-lo_ -: Cl\2 ,I~il:e : 2, .:..=:07 j of 5 CERTIFICATION OF CONTRIBUTORY ASSETS - COUNTY PROJECT NAME: Roval COile Plaza LOCATION: 13230 -13250 Tamiami Trail North Section 15, Township 485, Range 25E NAME & ADDRESS OF OWNER: Philip Gytierrez 3471 Bonita Bay Blvd. Bonita Springs, FL 34134 TYPE OF UTILITY SYSTEM: POTABLE WATER (MATERIALS ONLY) I ITEM SIZE QUAN. UNIT COST TOTAL I Tapping Sleeve and Valve 12"x8" 1 EA $1,347.00 $1,347.00 DR 14 Pipe 8" 98 J' ~ $4.75 $465.50 Fittings 8" 1 LS $952.00 $952.00 Riser to Fire Backtlow 6" 1 LS $400.00 $400.00 ARV 1" 1 EA $521 .00 $521.00 Service 2" 1 EA $470.00 $470.00 TOTAL COST $4,155.50 I do hereby certify thatlhe Quanmies of material described above are a true and accurate representation of the system being contributed to Collier County Utilities, Inc. CER:;Z: I , r(~~ v OF: Sun Coast Underground Utility Construction Corp. STATE OF FLORIDA ) ) SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged Defore me this 30th day of June, 2003 by Robert LaForce who is personally known to me and who did not take an oath. ~--- SEAL: .... !'I. __ ~ '~:t..-(<~"~ 'I-o...#"i.....-'irv-......_ t!~il ,;;;i:si,Eo:::. . ~~.Y.f" Comr+-.cion # r:C9B7Ml ~.<::-;~~.,. '. . .-.--..-......... ,- ,"",__","",_,_"'",,,,_,,_"__0.,,-,,,_, L.() '-0 _c~ ,Q) L"'- OJ s::126:: (i)3 =-, OJ '2 iii '" <( ~_~""U~, ~c::nB8., ~- '~GB . , ---j ~. \,;\" l,~ __~ )) \ \ l _ \;:;:/~,)d, ~ ~/ ~~ : 'r'"~ ~n ;-~r---l~ I ~ I 8 ; l[Lj " . :J -I i~ c ""'--"--1 ~ 1:2 .- .~~ o o ~ "' > ~ c, '" > o u o C'i " ~ < " ~ z o u < , . ~ o > < :t; ~ (vp ]lnOl:l S"n) ll'illi 11"l'lf11"l'l1 > 1 ~ > z 2~ ~ O~ ,"2 <li} !::l;;( 5 ?::~ 000 1 " < 0 < " ~ I' w u co ~ 5 J....OSO, 'ON ~__.. --..... - --.- B~~ i I i~ I , ! ., <'l~ (lllC) HS'"" ~r1ld ~~ , ,,'fl ~<'i U , i~t ~~'d ,.. ~~ ~ (,~ -'f:>) wo:tr....1'1/"ktillO,.."" r ~ z is c I 8 , , , , ; I --0 );1______ ~.. .,.\; % I ~~~ -I 'It" '" tl O~ Z ,<r!l ~~ ~:l1 1;;, " o D \<' '" D, ~ ~ I w _ if'i l'l ~Hi (~;'i~ <I q _~ ~ .,.; "-J I ">!i t; o 0 [~" \, ~'S' g: g ~i~ I / .. !l .1' - ~ ~ o H~~ 1. '1 ! i , ! ~ u...: ~ ~ "'~ o.~ , ~~ ~~l -..: i~ i , ,t", 'B I ~ ~ , \, 0""""00 1Lu>o""os....,.""" " ~i , ,,-g'" -. ~ 1~~1'AAI\. (UIU'1 5~ ':';"; ":-;. i"~ ;:~ . ~o' ~~- ~",!... H.. ~~d , ~~ ~~ GULF OF MEXICO ll.. <( :E L.I.J ~ en ttl N ro 0... (1) > o U (ii >, o 0:: c.... <l: ::E z: o ~ u o -l I'.aeflda Item 1'0. 16A3 " JUrle 12,2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve final acceptance of the sewer utility facility for Royal Cove Plaza OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the sewer facility. CONSIDERATIONS: 1) The Developer of Royal Cove Plaza, has constructed lhe sewer facility within dedicated easements to serve this development. See altached location map. 2) Preliminary acceptance of this utility facility was approved by the Engineering Services Department staff on October 1, 2004. At that time, the value of this utility facility (asset) was $3,510 (see altachment(s)). This Final Acceptance is in accordance with Ordinance 2004-31, as amended. 3) Staff has recorded all preliminary acceptance documents in the public records of Collier County, which have been reviewed and approved by the County Attorney's office as to form and legal sufficiency. -- 4) The sewer facility has been operated and maintained by the Collier County Water- Sewer District during, not less than, the required one (1) year warranty period. 5) A final inspection to discover defects in materials and workmanship has been conducted by lhe Engineering Services Department staff and this facility has been found to be satisfactory and acceptable. 6) The Utilities Performance Security (UPS), in the form of Cash Bond in the amount of $5,738.14, will be released to the Projecl Engineer or the Developer's designated agent upon the Board's approval of this Executive Summary. FISCAL IMPACT: Approval of lhis Executive Summary will have no specific financial impact. However, approval of this Executive Summary will result in the Collier County Water-Sewer District receiving unconditional title to utility facility, which at the time of preliminary acceptance had a total (undepreciated) value of $3,510. GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impact. LEGAL CONSIDERATIONS: No additional legal review from the County Attorney was required to complete this final acceptance. - item ~\fo. ~ CA3 June 12. 2007 :2 D': 5 RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier Counly Water-Sewer District, to accept final and unconditional conveyance of the sewer facility for Royal Cove Plaza, and authorize the County Manager, or his designee, to release the Utilities Performance Securily (UPS) to the Project Engineer or the Developer's designated agent. PREPARED BY: Jodi Pannullo, Engineering Technician Item Number: Jtem$ummary: Meeting Dale: Page] of I ',q m;l;; il,,~:; r Jo Jl;rIE;12 ::';q( :-5 COLLIER COUNTY 80M:D OF c:our;n :::Or,1kHSC;ICHH:PS 'r", ";'" '" i':"in~,1tIWI tc a::or,'W\.ot; 1',,'lil' ";~n'rt,n:J' c1 :rl~', '.,.,..,'/",. -..11";:\' 'Of f\UYcil Cc,x-< ;,/1 ~/~'UC'; 'J.Ur: ClC' ,. W. i,(jmlnl~t,,,livl: P",sl:;l~flt D~le Prepared By JOd,P'Hlnulic ('.omnluflltv Dc.yclGprneni & fn"lronmem.)rs(~r'!lu"s C[\E;;E.'qinef,rir,y 5e,'J;cc-s 5.'14.'2:)07 }c2f; JOf'M Tl)om~5 E. Kuck. P.E CUES E"3i""Ni';q SN\i'CC'~ Direnor O,ne APllrHv('d By Con,mu,-,ily D{)\,('lopme,,1 & E"viron",,,,ntaIServices CDES En)in(",rir,g S.,,\;,CCS 5141~O()7 345 PM Mariene St(-w~rt Excca,tivl Secm\ary Dure Appro\led By Environm,);l!niS,''''.,iccs Cmllrnunity Develcpmcr.; II. C,_)t-.-.oFUf;:\y Devehpm()tlt & E'nvlron'nen\~1 SnrVi(0-i. p',cimin 511512I)J7 2::0' PM Approncl By .IudyPuig Of"er"tlot1S Anal\'sl D"ie EnVlfon,',enlal S>-',viGes. CctTlmurlity ,.l'ovciG;Jment & c.o,rlllunlly Oevcr'-,pme,','" f.:w;rcn",entaIS8rv,c,:,,/i.:lmin 511';,'2007 9 V:' AM Approved By SkphcnL.!!i1gy hi bile LJ~il;t'e~. 'Vh1;tc,..,'lterC""le;t,[)ntf,""n;,w"r C'aie \,j"~;tr'\Inter 511:;'ZUQ7 2.J~ H,' '\l'pr\l\'cd By D,lJII\' U', OiL" '::."'9''''_'';''''''' ,.:eL" ~lf() P,u/E,.{\mkr,.(l<1 r: to !--l,b'" U';i::'", F'., ; 11'~ ~j ":"'iT,"" "'\1 'i:H '::k'~ ,',:Y F't" \',i~5'_C-\' ,ner [Jire<:1of Dnl'e Apprn'Td B) C G')(YiJE ':,;n,nl ''''',.,.". '"<;\t-.."',,:,, " 'I I,::! '((e ~ ,~: P., C'-'n1':1\Jr"'y[>c''1'+:'e'''tH'III& C';;te ApprondBy Jv,,,p:-:I'; '",it! [,''',,'-,, '"r"t;>1 ~"U\';G"". ,\:'."" 1~l.r't:,-,r C()I~"n1.lflit,' !,1(;'J";'''y:110 ,'. & '=c,n',r-w ,,,~, r'f.vcic:pr;lu11 &. "",,""" ";(,,,n's,, ,-'IV ;'\:1",i" 4"1,.,"r.\ "'m'I'("H~Co::~r ~ '~'-'.'I(;"S '::0'.:(j",~,,-:, flD1>.' Apllnl\Td By Uf',,;? :,().:n(inn "/ ,\~~n",);';;:' ,~':'~;,~(. ,',';;,o:,'c,wm rEl;; E",Jlf'-,t _.,_'; 'a~ :.'C:' ".'1" F "J J " 81 I" ., "' ~ l' ,,\ ~ht" ApllI'Ol'l'd By r,~".-I\ I~: "" hso" CO;J:,:,".';>nJ.()flr<.Offin. ':)ft;,"< ,,: ~J;;,n"0'.'n' ~nl !'. Budqd >~"'2;;Gi <.~c, -"M 1.",,,,.\ ",_'C'CI ;n:', to' AllprondBy 8"il,-u ot COllnty "',01'" ,,,,,,;,.~ C-,'UTt'\ ~i.:-=OC7 4 .-$:' ;0;1/ ':Jfi,c~ ~~j ,,_ 'n ,c:r:o::: ~::J -::: 0 - ~<J-::t :)NQ) Z"'- OJ =~~ j) :s :=-, -9 Jl :7> c{ ;'''''"~" , L-" Pdfl f', J ~ bi ~ ~.'..: ! ~ - 'I \ "~ ) n \ \~ ~~I ! iiilmrrrrJ,'+ic ll,,,f<~,j, /l q irrj' ,'1. Ul.l I ",;,' \)'~"'~.'-"J ,-~ <:::::t;c "'.,,, ~/ I I ~I ,.I" -...~!' 9< '::::;j 'I~-~' 01 ~ ~ L~,"'" ~~I ~ -- H:=1~bi--~r-- ~ --l' ~r-~ ," ~ ~rL-.: I 0 ~ , z G " . , ~-::::J ~ ., iY'l\1',\'!\1l (". '\> :J:. rOl:! S"I) l~\1lli ---~1 ( I ~ I J~rj J " 1 ~ [--'TI I g I ~ ~ ::,~~~ ~ I I ~ I ~ L-,..11 ! ~~ "'i.r~I?IT'lcTI'TT'I I 'i \r--==~-;:I :!,L N}:J ----LJ.~ I ' 'IT1T['rril -- r - . _--I > o , ~.': <(:-::> z< ,- Z c, " I,.,,;", 1O~ / - 'I- d~.':1 m1fO> t1<'O>I""'~'-lIO""'" r e " , < ci '" """ CL ,~ .'.""' "iJ;;'r> " ~ n ii i ~~ ;"'1;'/ ~9 . ~I ,., '" H'I "'~ 7 . 4 ,! 'l!l;'~N 'Ii -.j ,--- - -nT: FtfJR\ ' ----;-.....--;;:;MlAAn- {US", \ 1- ~ \ 'I D-t: rt:-' I" N "I' !, pj' i" ,;/ ...., I ~ ~" ,~~ ~-jl ~ II r "~I" .,,,,,!r-',: .\(, '" ~H~ GUl.F OF MEXICO 1t I' c... <( L I.JJ l- V) '" N '" 0... ,. e- '" :>, o ~ c... <{ L z o I- <{ U o ...J . . Aaenda item No. 16A3 - June 12, 2007 Page 5 of 5 CERTIFICATION OF CONTRIBUTORY ASSETS - COUNTY PROJECT NAME: Royal Cove Plaza LOCATION: 13230 -13250 Tamiami Trail North Section 15, Township 48S, Range 25E O;~,"l '. i.. " ,~i; ~"/14L NAME & ADDRESS OF OWNER: Philip Gytierrez 3471 Bonita Bay Blvd. Bonita Springs, FL 34134 TYPE OF UTILITY SYSTEM: SANITARY SEWER (MATERIALS ONLY) liTEM Tapping Sleeve & Valve Direction Drill DR 11 DR 11 Carrier Pipe DR14 Fittings - 45 degree bend ARV 4"x4" 8" 4" 4" 4" 2" QUAN. 1 30 35 40 4 1 UNIT COST EA $686.00 LF $20.00 LF $4.00 LF $2.25 EA $102.00 EA $1,586.00 TOTAL I $686.00 $600.00 $140.00 $90.00 $408.00 $1,586.00 size TOTAL COST $3,510.00 I do hereby certify that the quantities of material described above are a true and accurate representation of the system bein9 contributed to Collier County Utilities, Inc. OF: Sun Coast Underground Utility Construction Corp. STATE OF FLORIDA) )SS: COUNTY OF COLLIER ) The foregoing instrument was signed and acknowledged before me this 2nd day of Augus~ 2004 by Robert LaForce Jr. who is personally known to me and who did not take an oath. M0 SEAL: . MAR[WORCl! "'otayPubic-S1rrlB of_ ie ,:$. MvCorrr'i".v-.rr~>'f!b19.7CD5 .. , :!'., {"',.nI".......:.....:'V' '1r-.--o-:ry1.A:1 . ...;.;..r Agenda lt2m ~,Jo. 16,A.4 June ~,2. 2007 Page 1 '016 EXECUTIVE SUMMARY Recommendation to approve final acceptance of the water and sewer utility facilities for Stratford Place - Carriage Homes OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept final and unconditional conveyance of these water and/or sewer facililies. CONSIDERATIONS: 1) The Developer of Stratford Place - Carriage Homes, has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance of these utility facilities was approved by the Engineering Services Department staff on March 12, 2004. At that time, the value of these utility facilities (assets) was $53,683.90 for the water facilities and $83,145.00 for the sewer facilities (see attachment[sJ). This final acceptance is in accordance wilh Collier County Ordinance No. 2004-31, as amended. ~_. 3) Staff recorded all preliminary acceptance documents in the public records of Collier County, which have been reviewed and approved by the County Attorney's office as to form and legal sufficiency. 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during, not less lhan, the required one (1) year warranty period. 5) A final inspection to discover defects in materials and workmanship has been conducted by the Engineering Services Department staff, and these facilities have been found to be satisfactory and acceptable. 6) The Utilities Performance Security (UPS), in the form of a Performance Bond No. 6203624, will be released to the Project Engineer or the Developer's designated agent upon the Board's approval of the Executive Summary. 7) The water utility infrastructure connected beyond the master meter is owned and maintained by the owner. FISCAL IMPACT: Approval of this Executive Summary will have no specific financial impact. However, approval of this Executive Summary will result in the Collier County Water-Sewer District receiving unconditional title to the utility facilities, which at the time of preliminary acceptance, had a total (undepreciated) value of $136,828.90. ,......., GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impact. !:'~ill I\b. 1G!\4 J~)ne "12, 20C7 ? .:,lge :2 (.'it 6 LEGAL CONSIDERATIONS: No additional legal review from the County Attorney is required to complete this final acceptance. RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, authorize final acceptance of these water and sewer utility facilities for Stratford Place - Carriage Homes, and authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) to the Project Engineer or the Developer's designated agent. PREPARED BY: Jodi Pannullo, Engineering Technician Item Number; Item Summary; Meeting Dilte: Page I of 1 l\'qe r ,dill f r:~ rJ Co 1~, L\4 w' :,007 f",':l' n;6 COLLIER COU/o;TY BOi\F~D QF r.:ourHY COt,lf,liS$I:)NO::?S ':,4 F'r., o;",m ',,-jdIIGI' je) d;;prOVE,' f,:lal ,I~':"r~a",:"c of IF Ie '';,',",\1'' );',d :,,,-"',,, for :3lralbIJ' lace (_',YrriJge H01 ,~s - ::.'2(;<;- ',:-;(; r-;C, ,~~ tuirnini5\r:<l'Vl: A~sistallt n"te I'repared By Jod:f'Jnnulfo Comrnur"tyOevcl'Jprnt'nf,& EnvirQrnnentHISuviCl!S CDES Etlg;tle"rrt1~ Services t,!~":()1i7 0J~:27 AM Thorn"5 t:. Kucv. r,E CDE'S En,;!i""",rin\! St'rvIC"'i-Ulr",ctor Date Approved By Community D'J'lFloprn"r.\ 8. Environmental S,"r'Ji~"s CDESE'r']inoerillg Services 5'f,;2D07 !l:55 t.'M \'J~l"rOp(-)rJtionsMJnJ("H DMe l\pprll"CU By P~fTIela L;bh)-' Put,I;"Uttl;li(!S WattH 5m,'~Ofl"1 r,2;:'I,M W~\~r D'r"r-tQr D.:llE' Approvl'd By Pa\JIr>,',,,rtall,,ch PuLli,cUl1lit1!'S WHter 5!~:2(l07 10:49 f,M ,",te Approved By St"I"~,,,n L.. I; Jg y r'ublicUbiTes \'j;'sle".-~I"r Ctd!', ellOn'. M~n')cWr "'J,\St(,l'.'aler 1C'!CJD;" 7!j, "J~ '-:;"steW~!er[)i"'''t0r O"te Approwd By G Gr;",'g(,Ytlmal f"ut>lir- Utiliti~', '.!Jc,~I(''.'''~I''r 5:1V:UO,j':jP,;, ~'''-I''' Approved By f.~,'r")I1(: :;!!,'w"rt 'eet:,',''- "'~~r""~~)-' ""':i:n07 J;:!,- "M ApprOI'l'd By (:Gr',mu' '1', G"vClJrlll~n' & Commun'\y L-'cv,dNm,\.>r:t & En"'iro"m.:',-;',,.: :" ''V'"'''' [',;'I\'rr,;)',n'''''\J~ :o.,",vi"p";'dm'n D~l'.) Jutl',:c-,'g :::Jnc..",.ic<;',:;t"l;.I'.'st ApproH'd By ;:orHlT1U litv D ""JOpLTtC'" & C0l;1murl!ty L}(.'v~'nimIP!1t & [-:"'''':'",w,~'nta ~~,.-"'/I~","S i'.1l,,'irQnmc,,'1.u! S""'i";():; icrlmin 5'1':',::DD7:J47 '-',1 P'''l'bfmC1,..rc,('nF.E. r,,~,ji~ .~)j'lllw, r-u:Ji.~ lh:li:,,-,~ t:,'<Vw 'rin;:; [lor"Clor "" PUil!iC Uili,~i~s 2:"q'''~",'; 1<;1 4 2~ FiM ,,' nrnu,',ej') [1(; "'1";-,,-' ~q; & Approved By _'~,'(;pL r r,,"<1 'itl ""'m""l~\'li 2", .'-IC~i' Ac!",,' ;t",l:"" En''''0~m0ntrrl: ;" ,,', ,"'5 CQ:l1mU'1I'~: f}, "plPnn("nt & CO~lH'.unit)' DC>Il,I()pme": & CO'!l'.'irc"""c..f'tal ~,c;r"ic~" A'tmin 5f:~2:2;l~ri" ~44 PM '),..-':J C"\C' i'''' d:n (1I',",':'C0;';-G':;;1<l1 l'mlG Apprnnd By en "nf,' '.,1" oR .," ~; (1Hi:e ':;fft~.., c:.' ',",~n''':IU11(:nt S B(Jd\mt "i2S:::00'" 3:~'7" ' M Approved By Pt;....~ Ie,. (:v.~'o" CeLlnt,;, i/~"nger'\ ':Hh;'" !:-',i'~>Je\ /.-,;li\ ;,~t r:.';'~ ")'ti~._' of ("(;11 ,,,<:1' rn0m 5. eud(lQt t.,1112GJ, ,,::if' I'M ,:::,_,,,pc\'r';'il"'.,,,,,,, Dde '\Ilproved By ,ir,n'," Ii, )Ac",tJ fj'),o"j0' C'c,un\y C'OfTI,,,<,,,;ju,,,,,s '::("J_~l;' ~i, ,111a"v-' ' U.l,'20n7 1,.S? ,~M -:!'--:;D ""~ ;e~~ ,-:C-,!J) 7~ ::.n - "", ro ;::~Q.. iD :3 =: ...., '" ";' jj :>, .~ , . II ' 'ol ~I i I I I '.,1 ' ., I jl 11 ,j --'.'--.---t.---.:;'I..---- -i---u---~l ..1..-1..... tJt"-'j'-I--~j;:; --'-'..' 1,1 [I ~ "I 'I' U' I ~ " II -----., ~ ,- -j' ! , 'L I " " I 'I J =::iL" I , --lL_____ ,----. "--. - ._l._L J I " .- ---- .._______=r ______ ___ _____ ______ "." '" " "I~'" - i~" ;'?i~' " lJns~"" <:,-]1>1<;.11"" a.. <:( :E L1J l- e/) (/) (I) E o J: (I) C) ro " I.. (J) o ro a.. "E .2 ~ Ci5 a.. <:( :E z o I- <:( U o -' < < ,~ _~..Ul~ ~,,-~""",:m.'" II T--:- --.- , <,\1 [Ill I , ') ~5 H I. I II~ I ~r-3 -.. L I i'LI. \ \ \ -jifccr-l,,1 I LdJ ---#: I~ ; i' Il,_~ """'"""" 't::..IH ,I, II~.. I. ITl rT~~. -I,Ir4Jk II i ~I,II qRj/ ~~~'rl-L , I, j / !/('#J,t::~!~1 ~1' -rJ i I Ill~ ~".~liB~\ I I L! ( ~ I ;::1..~ll F~j=:= I II"~ \\_\~,::rj ~._::J~ I W \ !(.::z;l?~:!1 E1, L I I : 1:.......;/ c.:5 dl II FI f:: , , , ,II i III ! IL.__ I-i--"--''''''''''''-"~- I ~ I I i z o III .- ~~ Vio o ~ .. a ~ I 'T~ ~-n i i1 '--', . I~' I - 'I 0' ~ Iii. : ~) ! I )W,:;Ol.O" / -__ - .. ~ ~ I ~ 1:: ~ ~~ ~ ,- II' ", 1 .:s ~ ., I, ~ ; i-" :::-IIf' : - '8'" i - ~~" ; <; ;c, 0; I; 8'" ~ "" ~ ., . , 'I ' ! L r ~ I' -1 -=---~_ I h ~ ~- f I "--=-- <v.~ '" ~~'~ ~~!i ]....'1.-....' ::; B[ ~" ~! iG ~z Ii ':~ ~ti ~ ~ : ,~~~. ~""-,'T7 '-..! ! .:~ I 7i: ;11'1 ~/J c.: ? I ,; 'i;;~/ ' , j. Iii ~~- " I I jf~l, I '! I gl:,' I ! ~111 i '" '!! :T ,1 !' II '0" ~u , ...~;: I" \ '~;~II tL S 11,.,,:>1 -;B I ;: ~iOr '" O'rD~l)H'~.uIOdI!lO ~"'~---u L~ 'I ...-0 ~ .. "~~~~~i"-i " f1r! tJ.:".' ~ ~ I < ~ ~u '" . ~ ~ ~~ ;i~' J'"~ ~ hv . 0. :I: 8 I ~ I __~"' ~ it ;:; .i~ :: !...~ , .B. I ;:; <l>f'o'I\O"lOe1W'OO1 ':;;:;:: ^ ill : 'I ,;: ~..il 00' 'I i I, I ~.ji; "'. ~~ ;,~" , I" ,Q' - --'.' -'--- < ~:< "-"-l.VJ.$lI3J.N11, ...----- 1 I " I ,.. -l- ",,/ !~ ' , d_ g~~ ~2 .~~,.s U""'<lS II I" ""Ill 'lOw . _".~'" ;,,1,'1' II. ~ c_ ....! c:r i "li~C:;z " ~j ~',' I' ~. 02/06/2004 16:44 FAX 239 947 0375 Q Grady Minor & AssoC. CElmtATION OF CONTRIBUTORY ASSETS. ANTY Ii!Iuuo /\aenda item ~~o. 16A4 ~ JU:i8 :2,2007 Page 5 of 6 PROJECT NAME: STRATFORD PLACE (COVENTRY - CARRIAGE HOMES) LOCATION: Section 18, Township 49 South, Range 26 East Collier County, Florida NAME & ADDRESS OF OWNER: Pulte Homes Corporation 9148 Bonita Beach Road, Suite 102 Bonita Springs. FL 34135 iYPE OF UTILliY SYSTEM: POTABLE WATER (MATERIALS ONLY) Item Size Qtx, Unit Cost TOTAL WatJ3r SerVice 2" 15 EA $435.00 $6,525.00 Water SeNice w/4" PVC casing 2" 14 EA $465.00 $6,510.00 PVC Water Main (CL 200) DR14 8" 130 LF $7.60 $988.00 PVC Water Main (CL 200) DR18 8" 3.359 LF $7.10 $23,848.90 Gate Valve & Box 8" 10 EA $497.00 $4,970.00 PVC Water Main DR 14 (road crossings for hydrants) 6" 280 LF $7.05 $1,974.00 Permanent Bacterial sample Point nla 2 EA $535.00 $1,070.00 Permanent BIowoff w18" Gate Valve nla 1 EA $1,123.00 $1,123.00 PVC Tee 8" 3 EA $365.00 $1,095.00 45 MJ Bend 8" 1 EA $186.00 $186.00 11.25 MJ Bend 8" 28 EA $186.00 . $5,208.00 90 MJ Bend 8" 1 EA $186.00 $186.00 TOTAL COST I $53,683.90 I I do hereby certify thai the quantities of material described above are a true and accurale representation af the system being contributed to Collier County Utilities, Inc. CERTIFYING: Freel Russell, Vice President /?)Guymann ~.nS3) '--r~ ~ STATE OF FLORIDA ) )S5: COUN1Y OF COLLIER) 7! 1. The foregoing in&lIUmenl was signed and acknowledged before me this 9 day of J ~ 2004 by rj;ef) !?qSS(// who is p8rsonalv known to me and who did notteke an oath. ~ BowrlYR.""'" ! . My~OO"7003 . SEAL.: 'Vi..';; ~Jan_".2()O' ~;(J/~ ( . tary Public 2/8I2004-Whipp Strat\Urll Qed\Condos\Strarlbrd PI Covemry CondomInium COSt Cenlftcallons-ConP1b A88eta PQt WBter Page 1 of1 -' 02/06/2004 16:44 FAX 239 947 0375 Q Grady Minor & Assoc. CERTATlON OF CONTRIBUTORY ASSETS - _NTY PROJECT NAME: STRATFORD PLACE (COVENTRY - CARRIAGE HOMES) lfIJuuo I "1"', ~'~C). 1 S,L4 ,JL: ,,2 i 2 2GCi 7 c~ of;) LOCATION: Section 1B, Township 49 South, Range 26 East Collier County, Florida NAME & ADDRESS OF OWNER: Pulte Homes Corporation 9148 Bonita Beach Road, Suite 102 Bonita Springs, FL 34135 1YPE OF UTlLI1Y SYSTEM: SANITARY SEWER (MATERIALS ONLY) !ltin ~ QtL Unit Cost TOTAL Pump Station (Flygt) 1 EA. $74,835.00 $74,835.00 PVC Sanitary Sewer (14-16' cut) 8" 330 LF. $3.60 $1,188.00 Manhole (14-16' cut) 2 EA $2,990.00 $5,980.00 Force Main 4" 15 LF. $1.80 $27.00 Cheek Valve 4" 1 EA. $1,115.00 $1,115.00 TOTAL COST I $83,145.00 I I do hereby certify that the quantities of material described above are a true and accurate representation of the system being contributed to Collier County Utilities, Inc. CERTIFYING: Fred Russell, Vice President ~uYmannConsto~ _n-'\I~__ STATE OF FLORIDA ) )55: COUNTY OF C~ER) The foregoing instrument was signed and acknowledged before me this c; t! day of j ~ < (y 2004 by rUj) ;("55r// who is personaly known to me and who did notta"e an oath. ~c;( /I~ SEAL: ,...~_R.H_ !"~ . M'I CommiSlion 00251003 ,\C7f-,/ c_~_'.'2<lO. .." ~.. 2/&I2004-W'1ipp Strat\UtU Oed\Condos\Slratfgrd PI Coventry Condominium COst Cortific:atlOns-cont~ Sewer Page' Of , I r'- j'J..oenda It8m No. 16A5 ~ June 12. 2007 ?a;:p 1 ~,f 6 ......._, EXECUTIVE SUMMARY Recommendation to approve final acceptance of the water and sewer utility facilities for Stratford Place Townhomes OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept final and unconditional conveyance of these water and/or sewer facilities. CONSIDERATIONS: 1) The Developer of Stratford Place Townhomes, has constructed the water and sewer facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance of these utility facilities was approved by the Engineering Services Department staff on June 8, 2004. At that time, the value of these utility facilities (assets) was $103,635.85 for the water facilities and $48,117.60 for the sewer facilities (see attachmenl[s]). This final acceptance is in accordance with Collier County Ordinance No. 2004-31, as amended. 3) Staff recorded all preliminary acceptance documents in the public records of Collier County, which have been reviewed and approved by the County Attorney's office as to form and legal sufficiency. 4) The water and sewer facilities have been operated and maintained by the Collier County Water-Sewer District during, not less than, the required one (1) year warranty period. 5) A final inspection to discover defects in materials and workmanship has been conducted by the Engineering Services Department staff, and these facilities have been found to be satisfactory and acceptable. FISCAL IMPACT: Approval of this Executive Summary will have no specific financial impact. However, approval of this Executive Summary will resull in the Collier County Water-Sewer District receiving unconditional title to the utility facilities, which al the time of preliminary acceptance, had a total (undepreciated) value of $151 ,753.45. GROWTH MANAGEMENT IMPACT: Approval of this Executive Summary will have no growth management impact. LEGAL CONSIDERATIONS: No additional legal review from the County Attorney is required to complete this final acceptance. ~. I1,gen,::;a It':lrn h]o. ~i 6A5 clune ~!2. Z)CJl 2 C)f 6 RECOMMENDATION: That the Board of County Commissioners, Ex-Officio the Governing Board of lhe Collier County Water-Sewer District, authorize final acceptance of these water and sewer utility facilities for Stratford Place Townhomes, and authorize the County Manager, or his designee, to release the Utilities Performance Security (UPS) to the Project Engineer or the Developer's designated agent. PREPARED BY: Jodi Pannullo, Engineering Technician Item Number: Item Summary: Meeting Date: Page 1 of I ""Jew;:-;: C'fll ',~,f',5 'jl'(' ;'( \)7 ,'? Ie "16 COLLIER COLNTY [:OARD OF CmmTY CQ~M,liSSi~),"E:r:S II_;}-, p, ';r: ,,.',cl1::iaiio~, ie, :mi:,ru,n" ~"Ik "C,(~pt3",~(" of ',i'(: W(ltP.~ ;;;'l(,j s"",'cr ,-,'!',ly ~'bC' ,1\' 'iar Sl~2t;(:-rc! :'!aceTnymll:)'lPS 1;/.' )'1 O:JOC;dv1 AdrTlll1i',trutiyIC A~'''sl~nt D~le Prepared By Jodi P~nr."n[) Commun'IY Development & E.nvironment,1IServices CDr.SE.ngmonif\gS(!rVICCS 518!200710.3643!cM Approved By sass Engineering Servlcns Dirlcclor Dale Thom<l~ E. Kud-:, P,E Community Development & El1vironmenlaiScrJ'ceS CDES Engine~ril18 SerVln,-!; Wli20071Dc43(,M Approved By W"ter Opc'J(ion~ M"rwger Dat,- PamdJUbby f'utll1cl![,lit",s \,\iel{-)r 51')0007 f23A\1 '\pproved By V',aterDn-ccter C)~te P<lUI ~I'atl~\I,;(,h Public Uti;it,,,s \\",I(Jr Sl')i20071():47 'M \"J~Sl"w"lr,r ;:;,,;1, ,.;ti0'15 1"Jn;J~,,'r '),,(D Approwd B)' SIf'phon L h:agy r'ub:ic ,Hilil1e~ W~sl"I"hder S:10/2D07 75[.!IM \Se~tl:Ni;ner Di',ct"r 8,to Approved By G. (i,oO'ge ',-;lm~z PutiicUtilit,es v\l"ste\\i;><-er '^;j1t1i2,jQ7:::4::::"r,1 E':)(:\J!''l[ St'~r('t:'lrY [,~\" ,-\Ilprovcu By Mariene 5t[":";.,'1 En"lrc>nrn~n;a!Spr'JicH; '::Gmm",,;t,' [",v:o, opmen: If. C-)'-"IlHlrl!!\' Db'ti"nrnnd & E:r;'i,,'onrr;(,'1\~! S",n',ces4drrin 5/14.'2007 3:0>: "M Appro\'l'u lIy D-r", )u""p",'-1 {)pC'-J\'On'!'.;<J'\'st i\':uCi" :; 4c ~'M Approved B) C:"rrll7""Hj [l<""c.lvpnh;n, I> """'llnUnity [lcvci"pm'm1 & En'J"()"'''l'wnt~: S,rl1c""s ,,',,-.';corullU":?" :'i"u~'.""d'T1in Po\, 8, Ar1(:ipr~C)n P,E h-'bl'C lY,li)i;:;" t:r;;)'r1,.."r:"~: Director D,1Je o,,:-OIir.!lb"J,ec; P'_!l)liGi.!l;!i:"';!",,,Hwc,irg 5" ['2(;07 ~:~:: PM Appro\'t'(] Uy I.,,,.,,~ph f'" S~iHn'l\ C.",,,munily D,,,,':I"'lm"'.~; &. '~,,\';rr.-nm1- ,:JI '3> rv<ct>S CC''''f1iun':~'' ~!"\'i'!C[J",pnt & ["1'" c'wr,'nrrW'llJIScrv:c()sA;J,,,;ns,,,t(,r (."m,,,,,,',,t, [1f'\l8ic>prncnt& ['..nv,ronni,,,,taIS,,nirp,,!\dm'!1 S'~:,'2J(l7 4:4~ PM - '.'E; C~o, ": :,T,", 'J\1P '=:'Y.-,rd,"~;or utiI' Appruvcd B) COdnt,' I" ""ueY'~ ':Jff,,,,, ()Ii:e" ,,' 'IJfl,'qf,tllf'ni " fj,"I~fet 5;2s':;,r;r)7:;~.- PM Allpr\l\'cd By r-iurhl'__<iCKS(}r) CC)l1n:y i-.-1am"gc' :;O,fiel.-' nUG~I['\ 1',n~I\,',t ~"\C' (YfiCE,ofM~!1"i9ctTwnt H. 8udg.ct cihi2!JC; ~ 4[: '-'I~ '\pprOIl'U By ,_nun\\, r,::",,,,,~"r [,:cte j,-,,,,,~,, V. MUCHi bOJrdo'C.",,,,ty C<>rnm!SSlmmC" '>'''''1:y '.~tnaller':; (jf;,et' ;;r..'ZOG7124" PM L') ~_ (.0 ~~; :iN Q) -7~ :J) ;~~ -15 S == -, -9 ill '" ~ .~ :,~ -l' Is iil ,. I i~1 I 3 ----r I JL <;L - "."~,,,.., ""MU.""," _. i T' ~-~--,~ L I _L___ - O'O'Q" ~.l""" 1'" 1 I, :~ !! " I! II I L _ r mfi"'~'<'~ , , ~ I . z o ill -- ~I;;: wo '3 1 ; I I ' I r I~ I I o o ; (-~, Iii . , I ;,.,.~O 0, ,o~ / - *- "J."J''''' l .~, .., ~e .., , ,- I ,,- \I:~,",' II! i!' U" ;- (j:i ~~ ~ ~I :. '\. '" 0:( t: i~~ I => r!~ ;.... ~ I .: Cl? U . -- ---r - - ~i'~ ~ il~- ~ !III'~ ,i -- ~ijll'~i;~.- !i-I !i I' I '[ <>~~- wI -.1;~;.; ~ 0" ~--./ """ ~ ," !'; ~"; I' .C9,~ 'i\ !, ...1\: ~!Ii It>. ,,~ ~. ~/:f ~~.E ~ ... ~~ <Jlf'O'tIln'lOelNW 0: I I 1; ;~I ~1: i~ ~ ~~ ~&;!; ~.~~.~---~ ,-- ---"'-- ,! "', "" I r--~ ~~ i[. II lK. ji1j!; ,j; I "'''-l'ilS''3U<1 , .____,:;:'Q______.. ~ ~ I ! 6H' ! i" ""I i~ if ~i'> ii'~6 ,. t~ , !I ~ 21 ~i; illl ! I, I ~l. ': ~I!' ~J_ D ~! ! ! , --------- ""j ~:o'i . I I -~ o --1~ ~~ ;: ~-' OYOOrw'""",,Wl , 8 ,,~~ I" '" ,~ !l~tt nrn, LJ".:, ;I "1,,. ! -F :"" I ::: ~~ 11,ll.o!!! 'I" - , _"')0""' 3;-:>; !!I~... D. " :11,_c , -W.lZ r c... <( L I.LJ I- CI) Cf) C]) E o .r:: c ;;: o f- 0.. "0 ~ ~ '" ~ i75 ~~:;::: 1-- c... <( L Z o I- <( U o ..J - . CERTaTION OF CONTRIBUTORY ASSETS -aNTY Agenda Item I~o. 16A5 June 12, 2007 Page 5 of 6 PROJECT NAME: STRATFORD PLACE (Townhomes) LOCATION: Section 18, Township 49 South. Range 26 East Collier County. Florida (g(Q)[P)W NAME & ADDRESS OF OWNER: Pulte Home Corporation 9148 Bonita Beach Road Suite 102, Bonita Springs. FL 34135 TYPE OF UTILITY SYSTEM: POTABLE WATER (MATERIALS ONLY) !!!!!! ~ ~ Unit Cost TOTAL Water Main (DR 14) 8" 90 L.F. $7.60 $684.00 Water Main (DR 18) 8" 4,540 L.F. $7.10 $32,234.00 Water Main 6" 97 L.F. $7.05 $683.85 Gate Vaive 8" 11 EA. $497.00 $5,467.00 Air Release Valve 2 EA. $895.00 $1.790.00 Pennanent Bacterial Sample Point 2 EA. $535.00 $1.070.00 Single Water Service wI casing 2" 1 EA. $435.00 $435.00 Double Water Service wI casing 2" 40 EA. $465.00 $18,600.00 Double Water Service 2" 75 EA. $475.00 $35,625.00 B" X 8" MJ Tee 3 EA. $365.00 $1,095.00 8" 45 MJ Bend 13 EA. $186.00 $2,418.00 B" 11.25 MJ Bend 19 EA. $1 B6.00 $3,534.00 TOTAL COST $103,635.85 I do hereby certify that the quantities of material described above are a true and accurate representation of the system being contributed to Collier County Utilities, Inc. CERTIFYING: Fred Russell, Vice President c:Yrc:9ion OF: STATE OF FLORIDA) )SS: COUNTY OF COLLIER ) The foregoing instrume~ was signed and acknowledged before me this .$' day of /lJ~, 20c#by F'1e-€ D A'w SS t' // who is personaly known to me and who did not take an oath. I~ ~II~ SEAL: ~ '^' ....rIy R H_ e r~ . My Comml..ion 00261003 '\,~j _"""'1'/,0,2000 ...--- " -~" CEReATlON OF CONTRIBUTORY ASSETS .UNTY PROJECT NAME: STRATFORD PLACE (Town homes) LOCATION: Section 18, Township 49 South, Range 26 East Collier County, Florida NAME & ADDRESS OF OWNER: Pulte Home Corporation 9148 Bonila Beach Road Suite 102, Bonita Springs, FL 34135 TYPE OF UTILITY SYSTEM: SANITARY SEWER (MATERIALS ONLY) llim! Size 9!l!. !!!!!! PVC Sanitary Sewer 8" 3,841 L.F. Manhole (0-6') 4' 5 EA. Manhole (6-8') 4' 2 EA. Manhole (8-10') 4' 3 EA. Manhole (10-12') 4' 1 EA. Manhole (12-14') 4' 2 EA. PVC Double Sewer Service (<60') 6" 87 EA. PVC Single Sewer Service (<60') 6" 57 EA. TOTAL COST I do hereby certify that the quantities of material described above are a true and accurate representation of the system being contributed to Collier County Utilities, Inc. CERTIFYING: Fred Russell, Vice President ---@r"""'" C,""ru~ OF: :jern !.h. "j 6l'-5 .1~me -:2 20'J7 r'>dqe 0; of 6 (G(Q)~W Cost $3.60 $760.00 $1,130.00 $1,520.00 $1,940.00 $2,360.00 $130.00 $100.00 STATE OF FLORIDA) )ss: COUNTY OF COLLIER ) The foregoinjl instrument was sijlned and acknowledged before me this JI day of /?J~ 200jfbY Pte.e 1) 1''1 SS~ II ::::ho is personaly known to me and who did not take an oath. !~t.II~ SEAL: ~ _RH_ . '::1\ '" Comm"._ [)0251003 ...!!'f j ExpifOI.JlInuary 10.2000 ....." "n.'''''''A u,....__ .,.._"".:, .....__ll"._..__... T_..._,-_..__ r"__. ,...._~""~_,,___ - -,. I' TOTAL $13,827.60 $3,800.00 $2,260.00 $4,560.00 $1,940.00 $4,720.00 $11,310.00 $5,700.00 $48,117.60 A~enda !tern No. 16A6 June 12. 2007 Page 1 of 4 EXECUTIVE SUMMARY Recommendation to approve for recording the final plat of "Marquesa Royale" OBJECTIVE: To approve for recording the final plat of "Marquesa Royale", a subdivision of lands located in Section 36, Township 48 South, Range 25 East, Collier County, Florida, following the alternative procedure for approval of subdivision plats pursuant to Resolution 99-199. CONSIDERATIONS: Engineering Review Staff has cornpleted the review of the construction drawings, specifications, and final plat of "Marquesa Royale". These docurnents are in cornpliance with the County Land Developrnent 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 "Marquesa Royale" 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 generaled by this project: Total: $1030.00 pial 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 sile 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 immedialely stopped and the Collier County Code Enforcement Department contacted. --- itEiTi r'~o. ~! SAG .Jun.? -: 2, ~2CCi7 2 e!f t4 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 "Marquesa Royale" for recording. PREPARED BY: John Houldsworth, Senior Engineer, Engineering Review Department ~ .... flag!.; 1 of 1 I-',\y,r!();: COLLIER COl'NTY bOAR!) OF COUNTY CQI,~M:SS[ONEr:S Item Number: 1':>'6 Item Summary: T:'II~ I ('rT, 1',','JlW',)S I!-',ai ';x pa~T(' d;~CIOSU'8 be pro'r!e-'d hy ::>:nlnl'<,~'ur' !J]iJrT,t,w<. SI-,c',~,I(j il '',!,,If'n,T IX IIHd 0"', "1'" ".--rn. all DJ:tiClr.i1<1TS ZWe ","~~Ir("; t~.... '--.'.'[)T It', fO:PC'~'1Hi"" ,.". kl'" !O iiPIY[We' , " rt' 0'-"11"(1 !h, fin;;: :-;ia, ()f I'Jla'-~II.';";-' r"':y,"le Meeting Date: ~ :'i:'C:)c:,L DC;:;Ii Preparcll By ,iohll HOlJidswortll SeniorE:n[JII1"er D.1te Community Development & E(1vironmt:ntaIS"rvices ".tlgi[H.'e'ing Servlcp.~ 511412007 S,G:: (7 AM Appruvl'd By Tllomas E_ Kuc~ P_E, CDES Enginecnn(; Scrvi~e~ Director Date Community D(!vclopment & Environmental Services caES Engmeocritlg Ser\!lces 5/14/20078:59 I,M Approved Bf Marlene Stewart f)<eculivcS"neta'y O"te Cornmup;ty Devclcpmenl & Community Development & Enviwnm'JlllaISer'iic",; E.nviron<rwntal :'''rvi(:e~ Admin. 5123::n07 S30 AM Apprond By Judy P~'ig (\pcr;;liotls Al1alyo;t Dale COrnnlUrllty DfOV' 10pl1l(>0' & CommlJ,dy Dc:v"lvpmrom & environment"! S",v,c"',,, [nvirormIDn~al S"r'."",,!> {,drnin G/2:::20079.3c '.M Allpro\'ed B)' JosephK.Schon,tt Cc,rnm<l"ily n"vc'!opm',nt& [-.nvlc":"n;,nt"IScrviee"r,drni,,,-,tc:to: Cliite C,-"n"''''fl,ty c,<,vdOrr'1""" & ,~>)"".,mHI;ty ['e'JCICpmDt<i & E.n'."re"",etlta: S",.,.,,,,,~ !::,-c'Jiror,nl.j'lI."!:,",,c"Ice!>Adn,in G:2:::211Ui3H- I'M ,- '\pprowd By .')~:,~1 Coordin~::0' :;r.'.['. :~r,,, ""',1h-" [jo,e C,-"mtvr..brwi"" "on,c," 'J:'i ,',e 0' . ',,'.i "Cl ""''''.~n I S ~',,,,t 'ct ,,!2';:~;jO~ ~(\J 'OW Approwd By rii~,-k I':,~:""_'.('''' bun(w! knalv~t :\~le Cr:LJntv ~,1;'na\!~.,r'c, ( H,c" CiFi~c ,,: V,,'m;J<jenl(>r,t& 0,,(1\-10 C'1'1'l07 ~:07 r'M .;'ppro\'t'd By ,:am'-'~V i/,dd C/-Ur)\\,'.',;J,,,,gal D>ltl' Boa<d ofC"urlty (.,',UrlI\''''-Hiil\?C ,::1t!;c" (',,':;':'007 ;'<<4 PM .:::;omm'<;:;;Cl'Wf5 Di'--c:; o:t8.._ :..:)::JO .,-N-ct O~ Q) 7""- ~ ~J)1J ::::0.... aJ CO '" -, \ ~---- ~_J " ~ > z ~ ~ I I I I I I i \\ III \ z o w- >-~ roO '3 m "J iii '" ,~ a.. ~ L UJ I- CI) ----- TONv;) C"'''~I_''Oo'~ fS ~ 1* ~ ~I .1 l'Y:;";OllON I - -.- '8' ~ Of ~ '0-0' I ~0 I';' ~Ii ,~; I' Iii I !, 1:1 ~ I ~\ "0 ~~~Nn~ 8.;, ----r Brl:J'IUNIl~J"''''''' "0000\\55'"'.:) ~~li ~~~_ ~1 :r - .J- "'~;".~' ~~iii" ~~ a==f~ Ie I ,." i ~ """""co-''''I1'" 1!3 -m"'''1Li''''1 '~~ ~ ~i'! -----.,~:s w 1 ,~ I~o..",,".", 'I ,J , rlt lil'li 1!J ~', II~. J:I lu il'l !~"" _; _,,, 0 0' I - ~I " " I: ! m ;! J,."D~< I,Uu ! L ii 5- !j ;- l' 1l I! !" :=J - .Ji" '\'I<~ tTIti1J P" ';'''D 11~"""'l----L' -+-_~!hEJ]_~II<<: ~';"''''''}i'~" Li l!:,p 't- i\[ "- n d ~, "~~ l'tH ", ~t: \^, ",';-ili ~: 1 :;1-----:- If ~::;~ 3 ~ ~ ~ii ~ lril '" >< !:! p_ ~ ~~ ? ~I ,,~t, '" 5: ~;:i r>~, < I > \ :"!';I "~'I , < I!' < ,'" ""~ ~!~,' \ <'.r"I~!"'1 .,-, / J , "", i c': i;:~~,,') I ii ~ "~"Mi' i I L~: , '1\ '\; , if. ~ h!>: i,~ ~ l .L ~\ ._ ~~,~ <on ~ ,,~ --; ~g ;;:.l'~ ~ ~ ,,~ ~- - jj O""''''''''.i11J'"""'''J'oa. g~"---: "-, ;........----------------;p.r;-=t-'-~ _ I~~I-_L, ~~ i /I I ~ "l/tr:J,l (l.....~}f~--;-1---== 1:1 . " ^ I ". " I .!l ~t~1 '" d~! i~ ~~ ~ , " ~~ - " ~ ~ ~ j ~e "' ~E", , , , ::J;J <l ~ 5 '" <l '" ~~ ::J; ::: ~'~ .~-:l.!VJS~:JlNI p~ ~ ~ ~ ;3 a.. ~ L <" "j ~~ z o ~ u o .....J '!' ~il': ,. " ~-?;", ,;:."'s 1,.'~'nl-lIV>UltM.....1 . A[i"ncla Item r"o. 16A7 June 12, 2007 1016 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. HISTORICAL/ARCHAEOLOGICAL IMPACT: There are no historical or archaeological impacts. If during the course of site clearing, excavation or other construction activity, a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted, ,,-'~ IL~;T'! t--jo. GA? ,!'_j:-'3 ~ 2, :20C,7 2 :y[ I::) 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 ~'- :-..... (,0 <{O,,- -,:) 0 -.I,') , '" -/.,..- OJ -. t\l :=920.. (j) S '" -, t\l " iii '" < z wQ !::'< 000 o ~ ~ ~ ~ 8 . " " o ~ i a.. 0 ~ , , L i , UJ I- - en ~ ~ ~ ~ " . " , < . ~ , . < " i N 0 " ~ " 0 0 ~ l ! " ~ 0 , , ~ < :<r;:r.;Ql'O~ /_...__._~ - ---.- '~'H:l ffijY^31r1O\lti3111O , ~ <~~ , g ~~ T , t " ~ , ,- >-z , 00 , w- 8 ~I- 0" I ~O ,,-0 --' ! , , I i "I . . - '" t~ n~'" , " " , ! ~~ Il~l,-gl g . , 'ii;: ;1 I! , ! I T- " '1 ) to I o ;c t- LU U) < :I: ll- U) LU '" < -' '" LU > d U) a.. ~ L z o ~ u o -l COLLIER COt'''TY "i,d) :),C':)l;I", C;C;O/i,.:';:'.'::';ps Item Number: lIemSummary: ",,' cr-.".-, JCH':":l ;)',' "0 ~': .i'e c:"'-'o ""ClHl Meeting Date: 'e: :.M Pn'p'ladlly J"hn.'bc:.d"vur:h "-,;wleer ,"''', '-'""rnu'-.'!-,' [JPv"':'rrn",r-& ;::n'iIr'''''''Hu','~I' '''''''CC!S :ilt. '-"1': 'C(,,, j~ ;(J'~~.J~; {',M \pproHdBy Th Olr",\ '; E. v, L'~~;, r:.. E :S"""'-"",,clC;S'-";C'-SC';t-C\O' "Ie ::;"n:rnllr".j LJ,.'..:~I"pr.1 -'n' S. E',v,rc.nr,('.:t"IS:." C'C'c:3t'.." ':F('rlngSu- "5 Il .' ;~~, /dll ";'. ApprUn'd By r'.-"..I-W ,_,,,1 L.'T' ". 'J~ '~rG,.n"rv '1.11'- ".' "'h"'''IJ1 ,,,''' & ' :Jec;-' <=-,':'"", :::n-/,r:,,.,""-' :,c'''''r-'ot ~::T:-<!:''; :'j ,)1,' ",EU,"".; Appro'ed By ,:",.'iy"'ui'J 01_ 'ow. ;,11 ct ['.11~ :~omllll' "t'l ,',n'} \,."., r. (., n" ,"~:",' ", 'Ii' C""'"': ""'iJ''''~lC;n :,f'r",: ~~5 " "I( 1"""'1',:' - ',,:P'; C',"'~H'l ~'c ." ,: '" 1 ,':; '\pl'rmedHy Il~:' '''''l1'''~r'' "'L "" "''''.''- . ~,,,:~I C_ r,~ ,,,"" \ppmndBy ':;'L ':>,e,.,',. -'N ,-\PPrlJ\'l'(] By co""!',,"1 ,\pl'ruHdB} ':0:'- ".;",wy T Il;lgc!ofl .."s '~- r Aosnda l?~g~l~oO~aA7 - June 12, 2007 Page 5 of 6 HastingsKendra From: on behalf of fiala_d To: LABOOK904@aoLcom Subject: RE: Silver Lakes/Conquest Development Dear Mr, Bach, Thank you for your email regarding Silver Lakes, The Board started their meeting one hour early today so she was unable to see this. I will pass along your e-mail to her when she takes a break, for her to review, Sincerely, K-endrtl /Ttlst[ngs Kendra Hastings Executive Aide to Commissioner Donna Fiala Phone: 239-774-8097 Fax: 239-774-3602 Email: kendrahastings@collieraov.net From: LABOOK904@ao1.com [mailto:LABOOK904@ao1.com] Sent: Tuesday, May 22, 2007 5:42 AM To: fiala_d Subject: Silver Lakes/Conquest Development Dear Mrs, Fiala: Currently we have a problem with the Developer bringing Silver Lakes into compliance with the Health Department as it relates to our pools and the required water flow, I have been in contact with Mr. Rech of the Health Department he in turn has been working with the Building Department to resolve this issue. We are concerned that Conquest Development may not bring the pool into compliance, Can this issue be addressed today at the plat hearing? I know this is very short notice and I apologize for that. Mr, Rech has been in contact with Mr, Hammond and Mr, Schmidt and is trying to tie any CO to resolution of the water flow issue, We have had this problem for over seven years without a concrete solution, I am the president of Silver Lakes, We would appreciate any input you may have. You can call me if you would like at 630-258-0002 this is my cell phone. Jim Bach See what's free at AOL.com, 5/22/2007 Ite;-il No.1 (!JAY ,j'Jij8 12, :20CJ7 6 of 6 COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES ENGINEERING REVIEW SECTION TO: Joseph K, Schmitt, Administrator FROM: John R, Houldsworth, Senior Engineer DATE: May 30, 2007 RE: Silver Lakes Phase Two-G / Addendum to Executive Summary Approval for the final plat of Silver Lakes Phase Two-G has been continued to the June 12, 2007 BCC meeting. Silver Lakes community representatives had contacted Commissioner Fiala regarding concems they had regarding sizing of the community pool in relation to the number of residents within the community. This issue is being resolved between the Health DepUl1mcnt and Building DepUl1ment Section of Community Development and Environmental Services. There appears to be no reason to delay the approval of the final plat. cc: Bill Hammond, Director Building Department Ken Reeh, P.E" Health DepUI1mcnt Stan Chrzanowski, P.E., Engineering Review I Aaenoa item No. 16A8 " June 12,2007 F'age 1 oi 6 EXECUTIVE SUMMARY Recommendation that the Collier County Board of County Commissioners approve a budget amendment of up to $13,488 from FY07 Fund 186 adopted budget to cover a gap in salary for the Immokalee Weed and Seed Coordinator position. (Companion item to the Community Redevelopment Agency (CRA) approval of expenditure under 16G) OBJECTIVE: The approval of a budget amendment by the Collier County Board of County Commissioners (BCC) totaling $13,488 from FY07 adopted budget, to cover a gap in salary for the lmmokalee Weed and Seed Coordinator position, CONSIDERA TIONS: Attached is a copy of the February 28, 2006 Executive Summary which formed the basis for CRA approval on February 28, 2006 of $24,000 from the FY 06 Fund 186 adopted budget to cover a gap in salary for the Immokalee Weed and Seed Coordinator position. The CRA agreed to use the S24,OOO to cover the Weed and Seed position from April 1, 2006 or whenever the new grant started. The Empowerment Alliance was the fiscal agent at the time of the original CRA approval of funds in 2006 and the Empowerment Alliance used $ I 0,5 1 2 of the $24,000 to cover the salary and fringe from April 1 though June 30, 2006. On July l, 2006 the Coordinator, Terrie Aviles, switched to the payroll of the Workforce Development Board (WDB) which became the new fiscal agent. The new Weed and Seed grant did not start until September or October, but had an official start date of July l, 2006, The WDB did not bill the CRA for the remaining funding gap ($13,488) until January, 2007, and was advised that the money had not been eartied over into the FY07 Fund 186 adopted budget for this purpose. FISCAL IMPACT: The CRA redevelopment effOlts are funded primarily through Tax Increment Financing (TlF) revenue, In practice, revenue for this CRA is generated from a rate applied against the captured assessed value ineremcnt. This assesscd value increment is the differcnce betwecn the base assessed valuation within the Redevelopment Area, established in 1999, and the new higher assessed valuation. It is anticipated that the assessed value increment will increase each year during the Redevelopment District's life providing for moderate tax revenue increases used to finance redevelopment initiatives. .- CONSISTENCY WITH ADOPTED REDEVELOPMENT PLAN: Assisting the Immokalee Weed and Seed program by funding the Coordinator's gap in salary is consistent with the implementation of the County's Redevelopment Plan, According to Section 4.4 of the Plan (Community Objectives), the enhancement of the community image and the perception of the community as a safe town arc emphasized in the area in order to "increase community policing activities; maximize current recreational activities; create an incentive program for litter control and neighborhood cleaning," Also, Section 4,7 (Redevelopment Area Goals), neighhorhood stability is encouraged through the /\;j'3!lda :~Brn ~~O. ~ G.:-8 .'lms i 2, ,.:.'JJ7 :2 rJf G implementation of additional streetlights, sidewalks, and landscaping throughout the community." GROWTH MANAGEMENT IMPACT: Policy 4,7 of the Future Land Use Element of the Growth Management Plan states that redevelopment plans may he developed for specific areas within the County, and may consider alternative land use plans, modifications to development standards, and incentives to encourage redevelopment. LEGAL CONSIDERATIONS: The proposed expenditure is e('l1sistent with hoth the Collier County Redevelopment Plan and Chapter 163, Florida Statutes; therefore it is legally sufficient for Board consideration and approval. ADVISORY BOARD RECOMMENDATION: At the lmmokalee Local Redevelopment Advisory Board meeting, held on May 16, 2007, a representative from the Sheriffs Office appeared on hehalf of the Weed and Seed Program to request the allocation of the remaining S; 13,488 in order to provide for the gap funding for the Coordinator to complete this 5-year program, The lmmokalce Local Redevelopment Advisory Board, during its May 16, 2007 meeting, unanimously recommended to the CRA that the remaining $13,488 of the originally approved S24,OOO of funding he approved. STAFF RECOMMENDATION: That the BCC approve all necessary budget amendments, up to $13,488 in tax increment funds, from the FY07 adopted budget, to cover the remaining gap in salary for the lmmokalee Weed and Seed Coordinator position, dependent upon approval of the expenditure hy the Community Redevelopment Agency, Prepared by: Thomas Greenwood, Principal P]anner~ Comprehensive Planning Department Item Number: Item Summary: Meeting Date: Page 1 of ,v,,;<ldC:;t,;)!i'Ju ,1'110 ,[e!i. C COLLIER COLNTY E('M~D OF C::UrHY COr,1MlS51~li'iEPS 1'-'Oi 'J[(JT~ln1E""d;)Um In,,: t1W ~;DIII(J C:xmtl' [;;'81 Jot ::. .h' ", ({)'THrl.',o.:(lr,(~" <W~,I()'",' bu(jJot )rllCClTllerll D: up Tel S1:, .:,'2 I'WT, ;O''''Ci Flirl'; '18(.. adD' te-:! t.ud'JE': 'rl ~"'v"r" ;:<3:: II :,,[IU,y ::1' We' 'Ill' ,:Ji",,",')(' '., 'e'~:J a:l:J SHld '~~oDrdjldlcr ",l)i"II(l'1 <.:l'IWWI')r I'e.v' 1(' ~:"" ::.~. vrl~,H",:jy '~'~,,\. ' -r;'lTIf'r1t ; ',!enc.,' ,::",;,'; a~;,V(J',.()! o! ";<.pm',,jj'lIl\' ur,'j;1r 11': -; 1 ) '~ ~'.:2:,)[!i " :jG DC' J,M r'rrnc,p;j:PI""nu J~te Pn'parcd By Tt1om,JS GC(-)enwo'.,d Commur"ty Df'lIelopmen1. & Envirot)"'enl~t Scr ,tC~S C",npr(-'h~"$'v(: PI.1nnjtl9 5/17:2lJQ720S;al<!l Approved By RJfldalIJ. Cohen Community Ciel'f.'lopm"n! & E"'/irormwnlJ.IS",,,ices Cornmwimy F'I"nning~nd Hcde"etoF,n"nll~"n"grir D~i.e COnlprcllcn5ive PI"f1ning 5.'21120077:02....M :)"to ApprllYt'd By M~""m: St"v;ar1 E';x:.,culiv.: SeCrCl!lry 5::?:li2()()71C.2( ;:',M Appruntllly Community Dec'€'IOflm~r: & C:!,nmun"y D",vL'icpm~~:'" &. (nv,ronmental,',erv,ees [n','iro"",enlJI S"n'ic"" Adm",. judyP"'iJ '')i,,,r;lli,,,,~ /1.1"iJly~1 [1,"le C(,mallJ",I\' De.-/,i"prncr1' & '>'>'n,nt;r 'I' ~;,-,,'t'!()pmc'l't. !::n",wn,,,'ml,,IServ,cos ".n'jicon"""ni.i,1 S";Fv;~,',-.Adl1lm 5i~:.'2Cl07 12:1 F'M Ddle Apprnvetl Uy r,1Mi"nt; r,'.. S;"d(; ,'.Sllfling ;-,5!;hL<'l' Count,' ':.Il<;m"y 5'2,i20071:,,";'1,1 AppfOHdBy C".U"'I' {,!tu""V Cnmt:, t'tlo,nc,- Ufflc,-. ~',ii\(: [;,'5;. Ai':::;P p,.,rlC'i'~! r'.'I.1"""r ~;;1te :,".(lrTlrl1lJnity :l"""_'I,,p~,en' r:. En",r(Jl1r,,,r;t~1 5e,\ JCC5 Zm,in<;J,:LDnd[lc,^'eI:,p'l,,'n:F:cvi,,'W D.':!.'J:~Ij,Tr >O!'- c'r,~ Approved II)' JO:',"lJhl<'..ScIHnltt :;mmnuniry D'-''',':Oflmprt: <> "'''VVOP ,.,.:,,,~! ,~u\..ic-~,. A,jm:ly,lr~hr 0)10 ;;u""n",-,'t'i De\! .Io"n ~n'. &. C"'l1T'UfHly ['w',," ;.-"-,,n,.-,;- & ccnvjrn:"""c',1(D! Se,',i~(," ft.d'l1l<1 "u,~..", 07 '1 ~ ,..'; r,M Sp','i,'''nrn~'':<;: :;('rvi<;p~ Ol,,~ri Conn;ir;<:wr ','h':G Co,,,'dl,,,,t,,, ~~le Appro\'l,t1l1y ':.'.(!U",\,r,""'1"\""'<")ffi,,,, ,-"'~,;:,. ~',~"'''",(-n', .nl. g, !:',ud;"t :-':,~!;:r ='7 4()~ F'l, ApproH'd By M"rk Ic.;g;:"c,n C"'.lntV r,\d ':1?'C"s Of",cc' f;ud:.wtl"V\I'jsl ~Ji:C OH,c(.' of :';;J";;'~" :n""1 S B,";';wt t/2':'C.'G, 124S PM i;;me", \ ~/"jd :."IJ; t\ !""~""'S~" [.','Ie ApproH'd By ho<:rd:;:C,[>.,m!v C"t1)m".~i('<lt'rs :;VlJ 'II' :ian~;"""~ :)f[,,,., ;:;;:::/::07:J 43 ,M [10m ["-Jo. -; '3:\3 ,Lj;-,8 12. 20C? Pa::12..:i Df '3 EXECTTIYE Sl":\I:\L\RY Rf'COIrlIniE'lHlatiou tlt:lt thE' Collier Crmuty BO;1nl of CoulIty Commi<;<;irlUfll'<; ;tPIn.on' .a burlgf't ;llnelldmt>llt of up to S~.f.,OOO. from FY06 Fuud 186 ;ulnpted IJllngH~ to con"l. :I gap ill ",ab.t-y fOJ' thi' Immok:ll(>(?- 'Y('(>d and S{<{<d Coordinator po:;ition. tComp:lllioll itE'ln to the Community RE'deYE'lopltlf-ut _\gency (CR...\.) :lpproY;J.I of ex[JE'llflitul'f' luHler 16 G) OBJICTn-E: Th~ :!ppro',.a1 of a bud?::-t .:unendmem by- the Collier COUnty Bo~u-d of C(lU~l,Y COlllumsioIl::'fS I,BeC} tOtJI1:lg ~~-iD80. fre-Ill FYC)6 FU:1d 186 <1d0pl::>d budget. ro c~"Y::-r a gnp 111 sal~ry i'or the- h:.unokale-oC' \\'r:'"e-d and St"e-d Coordmaro1 pC\~ilioIl_ CO~~SID[RA TIO:\""S: Th-:- 1;\',:,,=,d ;'Iud S<:-~d pr,,:'1gom 1" J CC'llllillllliry-base-d ,>rraregy s.lx,n:,ored by rhe C.:~_ Dep;1.nm':'llt (,f Jus:l,:e (DO}} .:t:ld o",.ers-:-e'll [.,' t11e DO] COnUl1Ul:1TY C(llx'.::ir~'" D-:ydopm~m 0:T1'::(" "reDOL TO prC'",'c'llt. cOnTmL Cind a'duce ':lo1",nt ::rime. cirug ~bme. fl:::hl :;,mg flctn.1ty in d~;igll.1t'~d bigh<:-ime n::"lghbofhood~ ':Kr...;~s the (OU:lrn-. The ~.tr,negy a1;0 fO::(:);?l::Z::S tl:e ::~lpomm:e cf lll',.oh-:ng community f<:'sidents 1l11d:'1:tl:fying :;111 SO>,-illg problem., v:~~hil1 tb::ir r1<:'ighb.xhoo:ls. '\'Feed .lnd ~eed IS a c~"mpr~he-ll~i',-e l:llllri.al.:'lK\" app:l.."hl:h to 1,1\\. enforceI:1C'"IlL crim.e ;)rc:--,'';-l1t:ml, and lle:gbberho0d leqCl:,ltl~ll1 ..L:1.\": -:-ntl):c::-n1:-:lr ~genci~r; ;1.11d pf0Se-cutO:'s ::(10p~r:1t;:o in 1nv:o'fi.'E: 01'; ~:iol<:,m c:-imlll::h :'lld dn:g "bus':-f.;. <1ud public Cig:e:lci::,,; :1l1d ('l'llll:1UI~.irY-~.lCl,>ed prj''-<1Ie' ;)rganiZi111C'1l; co:bbori1t;:o ,0 ::c~.~' IlIlKh-ne:"df'd hUlll.lll S:"lYl~'C',>_ lII::';llchng pl::,-,'~:1:1'~'IL :l:[".,TC'1]li('11 rr~:Jlm:""nL [llld llt'"i~'hh;)rhoCln re'sroE'.U<:~ll l.11c..'gr:',!:1':. ...;. commulllry-ont'lltr:-d pc,l:cmg: C('llIp':1:1~1l1 blld,~e-,:> rhe \Yt':,diug :t:Hl <-('-edit,? ~ lClll:":U< . Il::- Im:l101:a.l::;:o \\'e:>d 3.:1(i S:-ed S:l-:- (c,yer", ~~l squ,lre- :llIle:, ',,;:rl:.:n Ihe COll11mUW', of Ira:ueoi:lllee- 2l1d ;,':as ::1,':a.rded C\ 5-Ye~1f Offl:!.,l Re:ogJ.:iLie'll ck-~l~nat10n in t~le ssrili';: of .2(1(12. Th::-re ::1"1:' 111,m:,' bye:-s to the- IUllllc,k.nle'i:" \r<:>e-d a:H1 S'='l':'d Pr~1~f.:!.1:1 It:s IK't ':'Impl:,' a 'i:';-i1111. '~1U: ~ P:'(lgU11ll "\':llh fl :~lr DUg-lOg S:r:~[<:-~x P:"l1. re~~U!rln? ~lle 111',-~lh't'1nel:1 <-If l:lany pb:,ers :ncbd11lg 11 full STt'"t'"fI:l:? CC~lJ:llitT<"~ ~unlpns:"d i,f ,1:1 :>>ct::-d offiC:<11 icu:TC'llr\ C('I1lHn:;';lclll:"r .T:m ("ol:"tl:~). r-:'''lcl::-:l7S. k,cal ~f".:'11cies. the ShcL:T~ Offlce. t1:e l:S .-\nomey's c:IicC'. the Sdwl~l :Jl:,r:Kt. J,~ld st:'yer,11 COU':l~Y de~J'111!:1e-nts I?Mks 8:: R<:"cf:"":..:lo11, Code :i:::nr0l"Cen:::'"nt. ,"md COlliiJfeLensl':e P1.:Hlllil~~) T:.e :';tr:l:egle Pl.:l:l l'll'_.o c.:J11:. fa :'le~''-Y in',-(':,:,:m::"LH :1":'1l1 T:-;1.1i'oP':-f"7JTlon ~rl,~d lXi".-i.ng. s1d~,":Jlh. EghlS. .:'rc.l. HOllS1:1~ 'LOlhing re-h,tb :U::! C('1l;T:11,:ll01l), S,c,hd \\",ue IT..:!.~h cl~anup ilnd e-du<::uic,nL COl:nty Pr'):~ill1011 ,lnd ctho:-r S'[C\;C' .:Jl1d f:,d~fclll:l\\ ~:lt0r:-C'me-l1i: ~lp':l':le; ('U:.;,l(~~ or'rht" C~l::lJ[Y S:l::,:iff~, Off!:.:::> [1:'='1"::' ;1.:t'" i"llsQ :~ll::"l::-Ill:y ,:.':C'I.-e-:';:l ,:u:.'-pr:);:il!1l" ',':11tUIl t11::, Iu:nc';.:.nk;:> P:-OglZU:l. lll('illdll:g l:lt'"lltL-'ling and :,\"mh :::::.mlJ progr::mh Jd' tLll!llng. e-rc ",beh ,lre !lL111.:Jge-i through sub :J.g:.e-e-m~:l::.. COlllr:t(!S ..':i~h 10c:d :;g::':lCj~S in Iall:ilok:-de-:- Addirjon:',ll:,'. eTt'"~y "\\"eed .:Iud Se~d "ile- i~ re-quir::-d 10 e-:,rJbbh il SJ.fe- :-1."l''-O:l1. 2. lln;lti-'.:,::-r.:ice ce-:nef OtT::"11 lwused in :1. scl:c'ol 0f ce,num::c.;:y ':-:lller. iyh~r~ :U:l:1Y ''-(fll~h ;1.:ld C'ldult o~ie:1:~j Se[~.T:es .1re ddl,,-::-:~~d. I1:ulld:r.:e-C" s :-:':;i~ :-Lr\'C'1l (-:nl::,: pr0y:J::,,~ J.:l't.J::'nll:':: mron:lg. lll::,ntC1"l!1:? 1"::':1 ::'<11:0:1. <1t1:1er1::'-". pe1"fo:-nEtHCe .:-Iud <1ppLed .]l-~~. pfc'~r;~:l1s. J.nd J Sl:lamo:-r dZi~' ::<'.l:'lj) FUlHL:ng :~Of th~ \";;,:,d ti:1d S::-~d Cl":)rdlll<1t(o~ CllrI;;:dy 111:1'> tl:r('lug-b ~,'bfCb 31. ~()CI6 Ahhl~l:?h lilt' CU!T::-IH ?r~1I11 !1[1~ b::-::'ll e:.~t::"l:~:~'d unnl S::"pr:"mbt'"r ':CI()(1, 1h::- D~'p:1!":m::-llt ('1' )llsttC;; IS llllilbl::- to ',.J.i:1 5..:nG.s :1'0111 progrJL::.1S (',r ser':lCfS t(1 ((,',.er The- C)(ll(h':l.:i~~~r.s ~:l.1;1.1Y. T:'lr:' nev; ,11)pliciUi':':1 . Agenda item No, ~16A8 .June 12. 2007 Page 5 of 6 cycle for tile llext ti':l-cal year will be applied for 1n April or ~fay and funding is expected to be l"e-cei'\-ed liO l~ter than Septeulber 2006. The time frame for funding to be receiyed aftel the grant L'lpplic.:nion i<:> ,::ubmirred can be as linle as 3 months, (presenting a Sl~.OOO s.daf)' gap for the Coorduu'ltor\. "alnr::-'). or up to 6 months, (j)reo:,entillg <l S.24.000 '-'alar)" g~p for the Coordinator'''i! ~alilry)" The'1e-fore, the Inullokalee \\'eed .:t:ld Set:'d prograIllls n::-que,rillg a max.imum ofS24_000 from the Imll10kalee CRA.'s; tax increment financing (TIF) fund:; TO continue the \Veed <loud Seed Coordmator position. The DOJ may re-imhurs.e the entity funding the CoordiuJtor\. ~alary for the g<lp time once- the grant lS approyed, hov.-e\'e'r. there i~ no gnMantee that the grant \;;i11 be C1pproyed, and Ult is, If the grrtllt \\..ill p.ay the- full r"alary since it \ya~ ah,-ay":. the mtemiOl1 that the COllU1lUllity._ progra11l, and:or fir;ci."ll J.genL \'vould eyentu<'I11y co'.-er the Coordinator." :;alary. The \'.eed "lld S-eed Steering Committee is meeting "inth the Im,mokalee Local Redevelopment Ach-io:,ory Bo:ud 011 Fdlll.lJ.lY 15_ ::006, to requt',.r a .::-r:-ce,mmc-ndi.111On for the funding of the 52-LOOO TO conr:nne the \\~eed and See-d Coordinaror po~iriolL \\~~thin the 1<1o,t.3 )'c-ars. the "'\Veed and Seed gram has proyicled the 11l1111ok..1.1ee COlnnmnity ',\"1\b. 5613_700 in fund111g. and during rhe next fi<;cal year. -it is expected to rec;:-lve an .n.dditional S2~5.000. Throughout 1:he 5-ye,u' Inunol:ale-e \\"'~t'd lli"lcl Seed designation p:;:-riod. this grant \\.oulc1 ha',e contributed a total of SS.3S_700 fOf lav.- C't:.forcem~nt. community policing, neighborhood rcstor2.tioll_ pl-:".\~ntio:l, int::>r-','encioll. Clud treatlncut pr,-~gralllr; for the- hlllllc,kJ.lee COlmlll~1l1r~'_ FISCAL [\IPACT: CF~~ rede-I-elopment effoTI'" aft' pnman.1y fllW::l-:-d :lUDl~gh Tax Tncre-ment FillZlllci:lg (TIF) fe"yenue. In practice. re"',elll1e I0f this eRA is gel1r:r<'..t~d f10m a rate .::ppli::-d Ol,?-"~ill~t the c::pmr.ed a~ses:.ed .,a:'lle illcrem~nt_ This ass-=,>se-d yalu-= increment i-s the difference be:\y:=en the base a.,c,essed -,-aluation "\'.-it11111 the ReJe\"e-l(lpm~nt )..,rea. e,:"w~JEsht"d i:1 1999. n;1d rhe 110:'\\' h:gher as.:,C',:>sed Yl1Jutltion, In PSJ...:tlce_ it is J:11ti:ip<lted that the J.ss.C'o,,:>ed yalne ilKH'ment "\\"111 111;:rt';'I"'-:" each Y~il.r dllnng: the Rede...-doprnent D1Str1Ct" s life ?ro~,-ld111g for ll1oc1t'"rJ.re ttiX [eyenue increase., used to tllD.1Ke fo:-deydopme-nt mitiari';es_ CO.\"SISTE.\TY WITH ADOPTED REDEYELOP-'IE.\"T PL.\..'\;: Assming the Inlmokalec \Veed and Sec-d program by fundj~lg: the Coo:rdinator's g:a1} l!l c;.,a1ary' i; coosi:src-llt 1.'::<:11 the 11l1pleme"llt<i!iol1 of the COltll'LY'o; Rede-Yc-1opluent Plan. According to Section 4.-+ cf the Plan (Cor:'lnlUluty Ob_iecti',es\ ,he- c-nhau:emtnt (''1f the conn::.ltu:ity imag;;> and the- perc::'p:ion of t:'1::' cOlll1m~nity .1; ~ '>t\fe tOT':11 arc emphn')~z.:-d in the rlre:[l i;1 order to "Ul21ea<,e cor:.ummity po It-:1llg: :'Ic(1\-i:i-:-:-:.: lllaxnm.ze current fec-re<1~H..-"lld actr;:tit's; cre.,re ail l;1cen,i~:e plogr3.1:1 for Etter co:urol il.fld nt':.ghborhood cJ.eaning:... .~J';.o, t1llde-r SectiClll 4.7 I:Rede~,'d0p11le:1t Are<i Goal-:.}, nelghhorhood .,rability IS enc:)l~rZt;ed :-hrough the l111pll:""mem.mC"1l ....-,f addnwll:tI ;~rrC"ethglrs. ~ldEl':['tl}.-;:s. and l...ud~caplUg rhrot:gllQut the COll11l1Ulllt\' GROWTH -'L\.\"AGE-'lE.\"T DIPACT: Poky ~.7 of the Future b.nd U;e Element of the Grm'\"th 1vbtlJ.gt"1lle-nt Pbn <,tare-s (hat f::"de-ye1opm::-:1t P:l1US- may be d::-";:eloped for"p';:"cific l1.Iea':i \nthin the- C0Ullty, <\:lei lll.JY cOlls:.d;:r alre-mr:.tl\"C" land u::,e plans. Illo;:hftcatlOlls to dc-..-elopme:iJ.t <.tand.1.rd:;. and incr:"nti~:e-" t..') C'llCI.')umgf' f-c-dE'~,elopmC'nL i ~t';in rr:).16.!\3 ..J,-;ii2 12, 2D07 Fagc; {3 ':if G LEGAL CO:\"SIDERATIO);S: Red-e\.t'lopmellr ?lan and Chapte-r Board co~,>ic!erati('1n and appro~,aI. The pmpos.ed expen:hnlre 1S. COllS.1St~1lt ~:nrh both the 163. FlDrid.a Stlnltes: there-fore. it is It'g.:1l1y ,>ufficieut fOf ADYISORY BOARD RECO'lJ:\IE);DATIO);: At the 11llllloblee Lo"ol Rde-dopmenr Ad-,ir,ory Board meeting:_ held on F.;:-ont.1.:}' 15. ~006. 1'::-prec,entJ.ti-.-::-" fi-(1Ill the Im,raok.n.lee T~l,,':"ed rmd Seed Steering COllunmee pre:;em<:-d the fnr.dmg f('que:;t for ~.~-+.OOO to (cyer (l gap:ll "><ilm~! fe'l' Th~ h:lll1,~kale:: ~.\~eed find S..::-e.i Ce'on::m<lror paSHIO:1- ru:: 11111l1cl:'.:l1~e LClc<'Il .:tede~,-::"lopme:lt Ad',l"ory Board 11l<1de tlllwrit....n to <1P';tfO'''-:- rlus request ~d 1t v;.a:; pm:.~j Ullr'..1111110Us.ly. STAFF RECO~nIE.:\"TIATIO:\': Th:n the Bee <1p~)ro'\':." alllleces."':u~' bu:lget iilUt"ndmcnts. up to S2~.OOO, ill rax illcre1l1~nr funds :~rom F:{06 Fund IB6 adopred bucge-L to (oYer OJ g<Jp ru ;;.al<1ry for the Itll:lloknlee \\'ee-d <lnd Secd C0ordin2lfor PO;:t10!1 P:-epared by' )Eco:e Ferna.ndez. 'SC'llior Planu:'L COlllprehell,>.::~,.e ?lanmng !)e-panmcnt . Aoenda Item ['.Jo. 1681 ~ June 12, 2007 Page 1 of 9 ~. EXECUTIVE SUMMARY Recommendation to approve a Resolution to reduce the speed limit on Collier Boulevard (CR 951) from the current speed limit of fifty-five miles per hour (55 MPH) to fifty miles per hour (50 MPH) from 1500 ft. north of Rattlesnake Hammock Road to 750 ft. south of Lcly Cultural Blvd. OBJECTIVE: That the Board of County Conmlissioncrs approve a Resolution to reduce the speed limit on a section of Collier Boulevard (CR 951) from ]500 ft. north of Ratllesnake Hammock Road to 750 ft. south of Lely Cultural Boulevard. CONSIDERATIONS: On March 9, 2007, Traf1ic Operations staff performed a speed study and field evaluation of Collier Boulevard (CR 951) from] 500 t1. north of Rattlesnake Hammock Road to 750 ft, south ofLely Cultural Blvd. The subject is a four-lane divided highway in a commercial and residential area. The current speed limit on this segment of Collier Boulevard is tifty-five miles per hour (55 MPH), ~ Analysis of the speed study and ticld evaluation pcrfonned by a Professional Engineer, licensed in the State of Florida, concluded that a speed limit reduction to Jifty miles per hour (50 MPH) was appropriate along the section of Collier Boulevard (CR 95]) from 1500 ft. north of Ratt]esnake Hammock Road to 750 ft. south of Lcly Cultural Blvd, This recommendation is made in accordance with procedure set forth in FDOT manual 750-010-002, as prescribed by Florida Statutes, Chapter 316, and will keep traffic flowing smoothly and safely, FISCAL IMP ACT: The estimated cost of installing the 4 necessary '"Speed Limit" signs is approximately $500. Funds are budgeted in the Traffic Operations Department operating fund 101. GROWTH MANAGEMENT IMPACT: There IS no Growth Management Impact associated with this Executive Summary, RECOMMENDA TION: That the Board of County Commissioners approve the Resolution to reduce the speed limit on the section of Collier Boulevard (CR 951), authorize the Chainnan to execute the Resolution, and authorize the County Manager or his designee to erect the appropriate traffic control signage. Prepared By: Steve Yu, P.E., Senior Engineer, Trame Operations Attachments: (I) Resolution; (2) Speed Limit Study on Collier Boulevard (CR 951) & Map of Area; (3) Original Documents Checklist & Routing Slip ,~ Item Number; ltemSummary: Meeting Date: Page 1 or 1 "\'Jew811sn jfji31 Juw :; ;,r. ~j COLLIER COlll'\TY P~il"r:D O~ COUNTY C():,..1:,'!SStOI';ET~S '([11 'JJ,~'~~.-'e'l~j;\ Gr, \C. '\pfj'o'J8 a ~oe5 ,Iul,on \0 "-Jj\J:.~' n.,(.' ~,PH8d i,nw .c:w (~(jII'8" hc;cJle.',f<jrC ICI'~ 0':,1.' iroll,llle ';~rrem ,JDeed I,mil 0: f'fty,live .'1I'le~ f'er rYIUI 5~: MF HI Ie Itty "ldfY- PO' ~\Our ,5.0 '/,')!-{, ' 'Jrr; 1 'J' '0 ~t "crt!) or :O:attleu'8H' H"rr'lnl1CY r;oa~t to tt c "Jt~r cf ._-,:.I}' 5,:IL:r0l1 h0UI"-'''I,"':I1 'J '200, (ie OC' ,<M AUm,n'&tc.1tivtAs<;;r.unt D~le Prcllllrel.l By Ann,a(Jrl,-'ga Trnll~p"rt,JliQr1 Sorvices Traffic Dp~rat'ons 5111.'200710:11:01 AM Appro\'el.lR)' AUm;ni$tr,1liv~AssistJnl Date Anni<lOrtega Tran~flortJli()" S""J<ccs T,.~ffic Op".atio"~ 5/1112007 2G7 'M V,~n<'gf"r''''nl..'8ud9i:'l An,11';5t n1ll," Apprll\'el.l R)' 8Jm~ra LaP,er.", l'"ar15florlJlionSurvrccs Tr~ffic op",,~ttOns $;11.'2(10724}PM i\pprll\'l"dlly T;-~n~rorUI'on Dw ",ion Adminislrator DNe NO'111 E-. fe-de.. ,~"IC:P T.3nf>portmi"" ~" rIdC<.'S lr;Jnsp'-,rtc,tiur) S~<rviG"s ~Jnlin 5i1,,;ZCG7 I?,~l' "'M Rcb~rtW, '-'>,ton 1-' fe. ~,~ffic Ol,'c'r"\;"w, ,>c"e",. ~),.te Approved By "!C;J'l';pur\al;on:c'v,ces TrMl,c Or".",,~i"",s SI1'~:2007 S,~1 /),1.1 :;,cal1 R. 'j""ch l,':;Si,-,i3nl(.ounty Attorn'c'y DJ-,e Approv....d By C(,u>,tvAttcmcy COU'llvAtlO,ne}' np':v.' 511G,'20GT11:1,AM Appro\'l:l.l Uy Shnr-ur) r'JL"'."~_ilt--. 1 r,-.",-"wr~;J\ltI' 1\~C')"n1 'n'~j S"P~"'.'t5Cr '-"',Ie "1'''':'5 1:-;;",_,P01 "h;r; ~~u,"(:", " nOT 7"" N~ Lx' ,;ut,..." S['cr<,(~:y Dalc Appru\'cd By r'~; If,'II'.ilJ,-d T-~m,;""rt"t'lJ' '-"r't:ees "n''''''-''iliC)fl,;''.,cvi,,-,,'''.'1nn' ~:::i' 2n07 :" -~ o'iI'~ CO<Y:Ji,,"tut [J~te Approycl.l By ()!.I;E' C\1():",.n"tc', County Ma""~'-'r ~ Sf/,e" Uffic," ".' ~'~iJ;'tqnIHJn~ '" E;c;,Jpn 5. 25'2('[C7 J:% PJlt rJ'.'r,'i"d;vN' [ll;(;98","J'/,,1 "'.1::0 A[lprovcd By C;"'Fl''; 1;,,,,""c::c'"C\'ti ()":c;.' 'Of '/,;"";p,' '",nt& bunp"! Cit,':,QC~ ~ I,' ;');' Ap[lrovel.l By JUTlCsvr/"tid 80MO cf::;Out]ly C"rl1',";<.:,',',:',,,r, ''::ounlJ,i':,an2ger ;;3]0 '.O"'-'~j. ';'''n!;W~ ,; ')ffiroo U~i:(lC7 45:' "M ",....",,.., "''''',V',H',,.,,, r B',..,",--...--",.....~~,CT'h,,..,,,. ,--..~.~;~ ". ~~ i~;:':01 [,!:]. .1C81 ..!~:t';9 "12,2007 3 of 9 Men10randu111 To: Robert p, Register, P,E., PTOE, Traffic Engineer From: Steve Yu, P,E, Senior Engineer Cc: Robert VII, Tipton, P,E., PTOE, Traffic Operations Director Date: March 23, 2007 Subject: Speed limit review on CR 951 between Rattle Snake Road and Lely Cultural Boulevard A speed limit study has been conducted at the referenced location, The findings and suggestions are as follows: 1. The existing speed limit on the specified roadway section is 55 MPH for both directions, On Collier Boulevard, the speed limit increases from 45 MPH to 55 MPH just south of Cedar Hammock Boulevard and remains at 55 MPH until just before US41, Between these limits, there are three signaUzed intersections. Southbound, the first one is at Kattlesnake Hammock; the second one is at Lely Cultural Bouleva'd; and the third is at Verona Walk/Lely Resort. The distances are approximately three miles, a half mile and one mile respectively. At the northwest quadrant at Rattlesnake Hammock, there is a Pubiix Shopping Center, and at the northeast quadrant at Lely Cultural Boulevard Is Physicians Regional Medical Center. 2. The speed data was collected on the section between Rattlesnake Hammock Road and Lely Cultural Boulevard. 3, Roadway test drives have also been conducted as a part of the study, 4, The data collected from the roadway shO\vs that the 85th percentile speed is 51.7 milh for the southbound traffic and 52,7 milh for the northbound traific. The 10 MPH pace is 42-52 milh for both directions, 5. The FOOT document "Speed Zoning for Highways, Roads, and Streets in Florida", which governs speed limits 'Nithin Flor.ida states: A speed Emit should not differ from the 8SU1 percentile speed or upper limit of the 10 mi/h pace by mare than 3 mi/h and it shall not be less than 8 milh, (FDOT Manual Number 750-010-002, 1997 Edition) 5. Analysis: According to the DOTs requirements, the measured 85th percentile speed of 51.7 mi/h in the southbound and 52.7 milh in the northbound will result in a 50milh speed limit. The roadway test drives assured a comfortable travel speed of 50 mi/h on bO',h directions, Transportati:m Selvicf"S Division Transportation Operations Oepa:1ment Traffic Operations Section , !\ge:lda Item No. 1681 JJne 12_ 2007 Page 4 of 9 7, Recommendation: Based on the traffic speed data collected and field evaluation, It is recommended that the speed limit on the section from 1500 ft, north of Rattlesnake Hammock Road to 750 feet south of Lely Cultural Boulevard (both directions), a segment of approximately 4500 feet, may be reduced from 55 mph to 50 mph to reflect the change of the traffic condition, Attached are the Vehicle Spot Speed Study and speed data collected in the field. Transportation Services Division Transportation Operations Department Traffic Operations Section S1^k OF r:.OHJD.... Di':PARTMEliT Of r';(1"~l':;PORr"'Tl::,)r~ VEHICLE SPOT SPEED STUDY LOCATION ID C R. 'It: /ca) /3:ifvef+1 I:?:r:ftt:. ::,',v,l:e SECTIDN: LO:ATlDN: i LR.I./ (j,j-t"<J{,J Fill/e!. KmP: M?: POSTED SPE~D (Ii)iih): ~- 1) cour'-lTY: ~~! f e ~ DATE: 7!"t!-;ucv -r PAVEMSIITCONDrTION: G;C'O:Id OBSERVER: ::/i".f'V.l \./J1 T1MEr-Rm..t Tlt'J!ETO: REMAm:s: ~~t;tcit:kBft:~~:;'9:L;<ii6U;4&>?_:~';;::}:;~':;:::~'<">~_ ~'FiE'd6; ::~oE:R:6f:~OO61:ft~.,"'~oi;,jh-~;~<~"0;~>~~::;~~:"%-%:" i.',:<-:~IJj)~' "'''~;I:~)o",,:j-;.:i'::1I<,>~:~'_,f,i''':i<'j> /5~-.;'I".,.'.-;':,)4' ~.~)lo~:lo~"'_"':~'.1'-""'.i<, ;a::~?);,,-~,,,, ~~":_JO<"':ji~'" "",,'O-,;","-""~"'_)o':~"-)'-'i>'''':;':~:)4 ~ ,.>.". _ft,,...,....,..,"":;.""':<'.I':: ~_:"..~~;l:.~~jo:? ~)4j.~''''G? ~RECTION.. :'CliM'" "~:./:'>+:' iG-~-I>.;>-~~ ~~:)o::'"~"..~......... :~..!'X~x..~ _.~,'\lo~;I"~.j<:.~......'1('~'i't' -V1'-~:$'.....:>'~, ;!''/.,.,..~....~~t-~ ;r~;.ih:...-~...".,."..~~..,.-'?.,.., ;',:-"",,.,...' 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I I I"TI I I I II I T:J1"/...LZI Denrl l~e.-r.1 N:J. 1[31 J~me 12, 20('17 ?ags 5Jf 9 FORiv'. 750,O'tC.G:I 'i":"..AFF\C E:rmlN[EmNG 0')1107 // '-_'1 '-1 2.:.;- " if'"1 I I I / :J.- I J;..Z b I 2( I '3 I 2"1 I I t:;! -":~,! ~ I 2-11---1_ ., I /:;"1 1 I!- Ir;; I I if r 1,7 I I I '1 7'-' I i-;. I ;0., " I I Il. I iL. I I I I I I , ~-1- I I I I I I I I ..l I ..l I I I I . I I I .-.,,/ LI EI~GJt~::=R. ')~, -4~VZ I. _-::/~.~ <, '-f__ DATE~ /. I/c,--,,-;- I ' I DiP.:;CTI(JN$ R~CYCLED PAPER @ Aqenda item No. 1681 ~ .June ~,2 2007 Page 6 of 9 '7:~"'-- /1,'f';,f-u,. FIELD SPEED MEASUREMENT TABLE '51'1/<:7?- J.'f S., CW1~/ @ /3dw.c,Ll1 RAft,b..S/V'K-t. 4 j..~/,/ (>,.,(~y"J. 81vd . . I f~.Jl -~~; II -B811 ~ ~ J~ ~ . !7 ~ -c!~_I~ -I-~ij 8 52- ,8 18 I ~O 8 Zf-~' 9 4r. I 9 - a 1~2. .2.._____ ~ -r-- ' 10 I S'ir---rw-- 1 s-} 110 --.J_57 110 ~D. 11 i-fl: 11L-J-$ III --.J 4-=t ! 11 .. ~3 '. ~~ -1-h=j-H------.-J-'$--=i.1 ~~--,-+-*~-I ~~ ---- i ~t-. II4....J.. -':tLI14Lti~ r f;,iF. 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I 11---1'- /.f --'l1--i~~-~li---1---37---Tlj-'-i-~3 ~ i ~~- __r. ~~~1ij--~L ~r-j-g~=r=-i-I :j-==~-F~=- . :~~--.:=={i HF~=~=:~Z==-!--:~ ~-=--:=:~ H~-=F--~-'. i-16-----I7f----i-i6-----i~o-1J6---T--ri 16 .---T-~ . ; 1 [=u_ ._ !_S~J 117. --I == Ijr:n}-~:J :=~II}=:_L~_~T=J . i;;~l-rHt~~JJ1~-=;~~;!I-f~ I:;-F;;n~; =r=~-:~r=-=F~1;F~ I -;1 i 24----- t1~24 --- ......---7ftT24--j-.-.ao--T24 -----i5j--! . =~~.==F::":1.;;-1~~-=-=L===~-r }~====F- "tf H~-==j:::-~---I.' l-iT---i---.J,-!Ti27'----'z.. . 27 --I' 4,-2-.-127-----i--FF"'". 1.28===":1=-4.1:.1 i8==J=~:_T28_=-=-=J=.:,2tF128 -==-T":fT-i ' L12.___. -! . - j_t.. ..l9----L.-f:!_:_2J____!_<<q:t_ 1 ~2_<<.__L_A':-L! . 130__...._!_f"'o __J.J_L__-' ___5;_tk_.: 3o______f'f_L~~__L~-~ . ~i=~..-i .:=~f( IH-:.....j1-t- i H--~..::-~:~~~=i~i -~~~:i~~tJc--j ". f 34 ~=--_~--!~='fa':-T34-- .-i- -? t T3T. . ,--, 7 ;-i34 ---T-SZi , 3S _. i._ ~) 135----1-- oT3s--r- tfI3S.--r;:;;t-! . rf6..'-:-: _=:l--"'(LJ 3('--Tt~';:36--" ! --if2.-T'6---;-~?-J . [37 -____L_ If L_. 37---T--~ - ; 3i--- - .....-~'ri 37-------I----~--. . i 38 14'1' f 3s---T--t--, :18---'-1'- ?l-T38~--T-~~-j, !39-~~I=~~j:T39---' i - tv'39--.---r -."f'.t.T39--r- . 4~1 ,----.- .J. - - -----. -________,___ ______,__.__ .___... . un' I ' . RESOLuTION NO, 2007._ A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING A SPEED LIMIT REDUCTION ON COLLIER BOULEVARD (CR 951) FROM THE CURRENT SPEED LIMIT OF FlFTY.FIVE MILES PER HOUR (55 MPH) TO FIFTY MILES PER HOUR (50 MPH) FROM 1500 FT NORTH OF RATTLESNAKE HAMMOCK ROAD TO 750 FT SOUTH OF LEL Y CULTURAL BLVD. Agenda item No. 16B1 June 12, 2007 Page8of9 WHEREAS, Chapter 316, Florida Statutes, pennits the Board of County Commissioners (Bee) to alter established speed limits on roads under its jurisdiction; and WHEREAS Section !30-1(e) of the Code of Lavl"s and Ordinances of Collier County authorizes the Bee to establish and/or alter all speed limits on county-maintained roads by resolution; and WHEREAS, Collier Boulevard (CR 951) falls under the jurisdiction of the BCe and presently has a fifty- five miles per hour (55 MPH) speed limit; and \\/HEREAS, in accordance 'vvilh Section 316, Florida Statutes and Collier County Code Section 130-2(c), the Bee may alter such existing speed limits as may be appropriate upon the basis of an engineering and traffic investigation; and Vv'l-IEREAS, the results of the County's engineering and traffic investigations indicate that changing the current speed limit on Collier Boulevard to fifty miles per hour (50 MPH) from 1500 ft north of Rattlesnake Hammock Rd to 750 ft south ofLe]y Cultural Blvd is reasonable and safer under the conditions found to exist and that it conforms to criteria promulgated by the County and the Florida Department of Transportation (FDOT). NOW, THEREFORE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA. THA T: (1) rhe BCC does hereby establish a fifty miles per hour (50 MPH) speed limit on Collier Boulevard (CR 95]) from 1500 ft north of Rattlesnake Hammock Rd to 750 ft south ofLely Cultural Blvd, a distance of approximately 4500 feet, and directs the County Manager or his designee to erect appropriate speed limit signs along this segment of Collier Boulevard giving notice of this change. (2) A copy of this Resolution shall be fOf\varded to the Collier County Sheriffs Office for proper enfiJrcernent of tile established speed limits for Collier Boulevard within the designated segments. (3) The effective date of the speed limit reduction shall be at1er written notification to the Sheritrs Office and upon the posting of appropriate signage. This Resolution adopted after motion, second. and majori1y vote favoring same this ___ day of ,2007. ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COuNTY COMMISSIO'iERS COLLIER COUNTY, FLORIDA BY: BY' , Deputy Clerk Chainnan Approved as to ti.mn and legal sulliciency: Scott R . Teach Assistant County At(orney Print Map !L=r-n ~i€ I Y~~11 L;'JnJ.i2. .zbU7 ?age 9 of 9 ,T '"' r' .. '.',,". .'"'i:" ~~" ! "~'j' . .;.... . ,( '~" :.:1t,~f/i?~:S:"::':' ~ \ ~~. -;;'~~4f:r~"!'"~ :.' - y'" ~1 C!t ."':J':lll!~:'?',., ' ,,-, '" '"" _ ,n ~r;:l:'~"'''''''''',''' of , :.,10'" Jk:: , , ' ..",,~ '~.., ,', ."if<,. t.'" .,"'.. .. . ".f ." "\'e"".;~;e",,,, ...C"".... :~.~~..s .. '{ ~l-:- - .'-r~(~~~rt ;.':~~". .'"'-t;;<\.' - , .....-. ~.- lo:' " ... '1 ~;.(":4 ~ -~~ J.. ""'_.,~1"~.:a2'1,':;r'.-- -,......-"--:'r'~r.:~.:; t~~~.-".,;lt.1" _ l,- ,:.:;2...,':':-1""'$-',';' :,', ,":~'~'l> ,~.' 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"~:\';';;':,:,,,~i,; ". ~. -- ';'~"..>:' " .,," . .'. . ..,.},l~,~,;.,'._;' \'.""' ;"'. . .,- ~,.'" . ~.""'V1'; \ ""'1 ' ' , -, ,,1 ........t!:oA", ~.~~" ~"~ ,;~ j S ; ~"1f; ~~ ::~ @2004 CU!:i';; C;;urlly Prc;:lercy P,ppra;ser \o'\hiie l:Je Coi'ier Ccu' ~y F'roperty !\ppra:ser IS c:,rnrnITh:;,j te: ~r0\.'ldlng the rnost accurst,:.; and Up-1D,(jate infOI'IIEllion rl( fo. t~e :j"ta hc.rcn, its Lise or ~ts inler~,t':talion http://maps.collierappra i scr. com/webma pIma ppri nt ,aspx?t i II e~&ori en t ~ L AN DSCA P E&pa p... 6/4/2007 f ,L\'genda Item ~~o. ~16B2 June 12, 2007 F'age 1 of 22 ,- EXECUTIVE SUMMARY Recommendation to accept an amendment to a funding agreement with the South Florida Water Management District to share a portion of the construction cost of the Lely Area Stormwater Improvement Project and to approve a budget amendment recognizing $395,000 of revenue appropriating same amount as an expense into the project, Project No. 511011. OBJECTIVE: To receive Board approval to accept an amendment to an agreement with the South Florida Water Management District, Agreement Amenment No, OT060483-A01, increasing funding assistance for construction of Phase I of the Lely Area Stomlwatcr Improvement Project in the amount of $395,000. CONSIDERATIONS: In 2006 and 2007 the South Florida Water Management District (SFWMD) received funding from the Florida State Legislature for watershed restoration projects under the Naples Bay Initiative. Within the Naples Bay Initiative several projects have been identified which address important water restoration and management issues in Collicr County, The Lely Area Stormwater Improvement Project (LASIP) was listed as one such project. SFWMD eannarked $400,000 of FY 06 State Legislative funds for LASIP and on February 14,2006 the Board of County Commissioners executed Agreement No, OT060483 (Item 16B9) with SFWMD for the same amount. In FY 07 SFWMD eamlarked an additional $395,000 of State Legislative funds again for the Lely Area Stonnwater Improvement Project. Agreemcnt Amendment No, OT060483-AO I, thc subject of this executive summary, increases the original amount by $395,000 bringing the total agreement amount to $795,000, After years ofplanning and pcrmitting three (3) segmcnts of LASIP are cunently under construction: 1. A one mile long section of Phase I just north of Rattlesnake Hammock Road cast of Saint Peters Catholic Church ($2,538JJOO); 2, Approximately 3,500 linear fcct of box culveli associated with the Rattlesnake Hammock Road six lane improvement project ($3,100,000); 3. Removal of exotic vegetation from 109 acres of mitigation lands located west of Collier Boulevard, north of Rattlesnake Hammock Road ($668.000). The funds received in accordance with this agreement will be used to sharc in tJle construction cost of Phase 1 of this project. Phase 1 has been split into three (3) construction segments: segment 1 is the project cunently undcr construction listed as item I above; segment 2 is improvement of approximately 1,900 feet of the Lely Main Canal from the nOlih side of US 41 to the south side of Rattksnake Hammock Road (2008 const. - $1,900,000 est.); and segment 3 is construction of the Treviso Bay Lely Manor East Outfall Canal, approximately 7, I 00 feet in length, This includes a seven (7) acre spreader lake located at the downstream (southern) end of the project and a sto111lwater pumping station located at approximately the canal's midpoint (2008 const. - $4,734,000 est.). __ In addition to this agreement the Board of County Commissioners recently executed a second funding agreement with the Big Cypress Basin of the SFWMD, On April 10, 2007 the BCC approved Agreement No. 4600000625 (Item lOB) providing $1,190,000 of SFWMD funds also appropriated to share in Phase 1 construction costs, jl,genc3 !t6:l1 No, H3B2 June -; 2, 2007 2j 22 FISCAL IMPACT: Total revenue of $1 ,590,000 from the two original funding agreement amounts was previously recognized and appropriated into the project during approval of the Stormwater Depaliment FY 07 hudget. A hudget amendment is needed to recognize the additional revenue from the agreement amendment in the amount of 5395,000 and to appropriate it into the project, Project No, 511011, Fund 325. Matching funds are available in the same project numher and fund. GROWTH MANAGEMENT IMPACT: The Lely Area Stol111\vater Improvement Project is in accordance with the goals and objectives of the Drainage Sub-element of the Growth Management Plan. RECOMMENDATION: The Board of County Commissioners: 1. Accept the attached South Florida Water Management District Funding Agreement Amendment No. OT060483-AOl providing an additional $395,000 of matching funds to be utilized for construction ofthc Lely Area Stormwater Improvcmcnt Project; 2, Direct the Board Chairman to sign the agreement; 3. Approve the necessary budget amendment. Prepared Bv: Jcrry Kurtz, P.E., Principal Project Manager, StOInlwater Department, TranspOliation Division Attachments: 1. SFWMD Funding Agreement Amendment No. OT060483-AOI 2, Budget Amendment "",.'. 2 Item Number: Item Summary; Meeting Date; Page 1 of 1 i\',y'n jiJ IluT ~~c:' 1C~ 2 iUfIE'12 P;'(JE':u: COLLIER COUNTY ,'Ot.RD OF CO\JtHY (:QW<1:SSI::)NEI:S ':',,2 ,..") ,., Uo" il.. ~j~)drd ;:;PP'o":J: :0 acce;Jt "''' ,J'T,SI,ciI1Fmt 10 " hr1rJ:l'] ,.'g!ep"",n. will', h" So lith FiJI;'l" "'\-';J1V Ma:wgsIT1'.' 11 Dlstr,c\ b shaff" In J r'urlior':J~ 1><0 .~an"truc'orl us!.-;f 'he-i..ely "',1(""1"3\.0 ';\,.)f "Ji' 'en\ P""je,:.t a :r; >~ ::lpr',ro'.'" b'.J~'8C :;rqerrJ '1eni I,. "-'~;['q;'I":'.I'.'~ 2.:;<;' nU .,'(-;r-clf; d:.'I' !.'tl"':li.l'lr; s?mf- ,J";(JUI" :)S ,Jr '-'Xlwn58 ..nl~, tr," nr~w~1 r:r'!jPc: 1()11 (:"1:','::'8\)7 ~'i:.JJ() /,M Son;or E~grnf;'er [Jato Preparcu Uy G"r~ld Kurtz Transportati'lnS",,'icns S\"rmVJ~tnrM"'nagemcnt 5/11!2007 5:12. ;)) PM "Ilprovcu By SenJiJr!';nqineer DJtc Gerald Kurtz hansporttltion Se",I~"s S\{)rfT\w~tm M,m,ll""ment ~111J2(j07 5:11 H~ E"ge,v" (;aTvert P"""ipai Project r,\~nJ(!'" Dme Approved By Tr<""'f"H~~ti"n~ '~C'rJlC"S T'"nc,po:1(jtioll ErlY'ftef.'ring and 5;14,'200,7,07 \M (:O:lstr"cl<on M~r'''',wm(,:ll r,;cnrl; E, FedcLAICP Tr~')sporU1i(,n :Ji\'i~ior: Adml,,,,,,rrat'-,, D~t<! Aprru\'eu lIy rr~n"p0rtatlOn Serv'G'~s T"3""p.:>rtAionSer\i,ccsAdmin 511!;.'2Q078,GJAM I\~~;stan\ ';ounty ,'\t:erw."y [l,J\e Allprond By SenU R. T""ch Co<mtyAttorn"y c",.mty /;tlO"'~\' on"". 5/1 G;2J l'7 1,. ~.', r r~ l,drn1n:str~tiv~' Ass,,,,,",,n: ,.lat" Apllnl\'l'd By (;;,rn!",,,,,otc; Tn"l" ;,,~aii:Jn s~,v u's ;rJtl~p'J',lii'm E'''tn'''' 't, end C"nstn,cl,on ",'2~.'2()O-;' :cO; ; 1.1 ;,ccoClntmg "up'_'rn~(jr [)~:~ Apprll,'cd l~y SI'Jrv'-', r~[)W".Ml ""Jnc,p()r\~jiG" :',erli'r;eS Tei' ',',portdHc,,,S"'-'J:e,,r.f,;lmin S:;>:J!LL,:, 4.J". M :::"';c,,UVf: Se~f,,1"'.fY :~' ;Je Approved B~' Pa~ '-~ilnlh,,'d T,'~n",I,O";Jj".H' Servo ;(,s ;r:'!1spu.-:.-HiO" 3t;rVICC"f\dr"in S;:/4/:'{)(i7 10,5: "M C1r..~ a ,';"ord in~ j, (f,}B C:'or{Ln'llfJ~ r)~!O ApprO"l~d By -- ;',,, !11)" r'.~ 3"J. q.~r'" :)'1 (:1' i C0 (.' ': ~. ", ~1 r In " , l' c! ,Jut ~ ", i ,,,,' S','!HCr tkncgemcnU,:'uc!qe\ '\'." '..~t r",:.. Appruved By ';U~J;" U:;!'w, C()um\' ~(:.,nJ'i ,r"" ()ft,~('- r:;;";;<'()'i',,,n,,c,',m,,n1 & BVl(;,<:'! C!:,:;,~:o~ ~:1C c.-jl, .:~t,.,c', \-'. l"cuJd ,~o:mi)' r'!"Ir1"','C" :1.,:e Arprol'l'd By 8o;:rd ,,[County C",,,,n,s~ionN'S ,=:"",.j,' Mnn,'ger'; om;;c S/Ci'lDOi C:06PM "'~". ~ ", ....,.,....",.~ . ~ n, ~""r" ,r,.', ..~n'~" . r-,,", >>~ . , . ,'~ fY~llr{'Z:it'l'\I'i~ !i,r;'i~~ \....' rl . UJ;..k' I~ ~. _. t_ . , P3D8 4 of .:::'2 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT OT060483-AOI SAP 3600001071 AME:'\OMENT :'\0. 01 TO COJ\TRACT NO. OT060483/SAP 3600001()71 BETWEEN THE SOUTH FLORIDA WATER MANAGEMEl\'T DISTRICT AND COLLIER COlJ:"iTY This AMENDMENT 1\0. 01, entered into (lll that COi\lTRACT (bted .'\]1ril 17. ~006. belweell "Ihe Parties," ~1anagt'l11ent District (DISTRICT). and Collin County ICOli\'TY), , 10 the South F]orida Water WlTNES,SETII T!IAT: \VIIEREAS, tbe CONTRACT l11"V k amended \\i1h the prior wrinen appr()nl of the partic's; and WHEREAS, the parties wish 10 amend the CONTRACT in order 10 increase funding; and revise the Payment and r)('livlT:lbk Schedule: WHEREAS. the Governing Iloard (lflhe DISTRICT at its /\pri] ] 2, ~(l07 ml'cling, approved C'l1tcring into this AJ\lE:\Dl\lENT NO. 01 \',ilh Ihe COCNTY; and ~;O\V Tl ]EREFORE, the IHSTRICT and the COUl"TY. in consideration of the mutual benefits f]c)\villg il'om c:1ch 10 th-c other, do hereby agr('l' a:-; f{J!lo\\'s: ], This AMEJ\D\lE'\T 'i0. 01 sh"l] be cffecliw upon the cble of ewe uti on by the panics, 2. The lnOnc1:lJ) cOEsiclero.tion f~Jr the CONTRACT is hereby increased by an amount llot- to-C\cecd Three Hundred Ninety 1'i\'(' Tlwl!sc1l1d dollars (~?q5,(I(I(I,(I(I). for a toLd rc'\'ised CO:'l'TRACT amoll11t 11ot-to-cxcccd Seven Huudrc'd Ninety fiVc' Thousand elc,llars 1$795.000(0) Amendment No, 01 ((1 OTII60483 /SAP 3611111111107]- -- Page] 01"2 f Agenda Item f\)o. '1682 J~)I-le 12 2007 PagE: 5 of 22 SOUTH FLORIDA WATER lVIANAGEMENT DISTRICT AMENDMENT 3, The Payment & Deliverable Schedule is also hereby revised in accordance with Exhibit "D 1 ", attached hereto and madc a part of this AMENDMENT NO. 01. 4. All other terms and conditions ofthe CONTRACT. as amend cd, rcmain unchanged IN WITNESS WHEREOF, the panies or their duly authorized representatives hereby execute this AMENDMENT NO. 01 on the date first written ahove, SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD Dy: Franl" Hayden, Pr(lcuJ"ement Din:ctor SFW;\lD l'RucyrTr-,ll:~H ,\\']JrwVU)/~i i/k ,'/'"',-1// ' f" ,.... \", '" ,/1 -- ; --" ./' ~. ,'I -"t"',p' '" By: _~~Ar{A.,.___r :::i.:.~~-:'-4-...-:::~~__~__ D,lt::: I, -? '--) ". .j'.... -';;!/ ..... .,;':'iC'07. ,:.,1'fJ.tL./ COLLIER COUNTY. DF.TED: ('. S;'i ~ ") CHi t~ ~ [2;, f{C;(I< , ,""! t' f).~'" I".,..,l.l(.;" By: ..~-- "",,,,,-,,,,,,,,,,,~..,, Board of Collier County Commissioners James Coletta, Chairman Dat.:.:::< ,i\ AmendmentNo. 0] to 01'060483 ISAP 360000]071- -- Page 2 of2 i:0T1 ~'J.J.;CB J,-,;-,eI2. 280 6 of.2 EXHIBIT "Dl" PA Y!\1ENT A'-ID DELlVERABLES SCHEDlTLE . A summary deliverable and payment schedule associated with this project is set forth below including specific deliverables associated with each task and due dates for all dcliverables. . All deliverables submilted hereunder are suoject to rcview and acceptance by the District. Acceptability of all work will be based on the judgment of the District that the work is technically complek and accmate, . Payment shall be made following receipt and acceptance by the District of project invoices in accord'Jl1ce with the schedule set j()j'lh below, A.]I invoices shall be accompanied by adcqmte documentation to demonstr"te completion of each task in accorcbnce with Exhibit "C" Statement of Work requirements, . Total payment by the District for all activities hC'fCunder shall not exceed the "mount of $795.000. fotal project cost is estimated to be $5,1 ]0.000. The District's cost share "mount shall not l'''cced 50% of the total project cost. . If the total consideration fur this ACiRFE\lF:NT is subject to IllU]ti-Yl'ar funJing ~ljJOc'ltions. funding I(lr c:tch 'IPplicable fiscal year ,,1' this A(;REEMENT will be subject 10 (Joyerning Board budgctJry approprialion. In Ih~ e\'ent the DISTRICT docs nul :'1'pwvc funding j()f any subsequent fisc,,1 yc:tr. this ACJRELME'\iT shall tcrnlinute upon C\jlC1H.fiturc (If the ::.~urrCl1t J"ullding, l101wilhst<1nding uther pr()\'IS10ns in this j\GREF,\1F,~T to the contrary. Task DcIi\'erables Due Date" I District Not- (From contract to- Exceed execution) Payment Task 1: Construction (lC l\)olice lu Pf(lcccd 'I \veL'k $50JIOO Lell' Br:mch Canal Ill,S, .5 0 n,() C,1J11p]ctio)1 Cl'njfic~llion Il1D1l1hs 1$745.000 41 to Kings L.~t1\e)'!"i: 15 Cunstruction Suh~;bI11i(d I 10 1110nths I n'3 , I Completion Certification I I I~---~-----'-' --------.___--.L_~ I '\!OT-TO-EXCEED I'ROJECTJOTALj $7~)_5.00(J__l ':' All dates ~UT refcn:-l1ccd hum the cbtc of ex('culinl1 of this amendmcnt and are estimuted. ** PPJgrcs51x1ymcnt in\oiccs fur C(JIlst;.l!ction actiyitics JlW)' be submitted on ,I qlJ;:Jrlcrl~ basis Agreement OT060483-A01---SAP #3600001071---Page 1 of 1 f OR8tS'jt~b~~~~ P80e 7 of 22 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AGREEMENT THE SOUTH FLORIDA WATER MANAGEMENT This number must appear on all Invoices and Correspondence DISTRICT (hereinafter referred to as DISTRICT) HEREBY ENTERS INTO THIS AGREEMENT WITH: Name: COLLIER COUNTY OT060483 Address: 2885 Horsesboe Drive Soutb MBE PARTICIPATION: 00/0 Naples, FL 33104 COST SHARING INFORMATION Project Manager: Jerry Kurtz, PE Total Project Cost: $ 1,400,000.00 Telephone No: 239-239-213-5860 COUNTY Contribution: $1,000,000.00 Fax No: 239-659-5790 Hereinafter referred to as: COUNTY PROJECT TITLE: LEL Y STORMW A TER IMPROVEMENT PROJECT (LASIP) The following Exhibits are attached hereto and made a part of this AGREEl\1ENT : Exhibit" A" - Not Applicable Exhibit "H" - Not Applicable Exhibit "B" , General Tem15 & Conditions Exhibit "I" - Not Applicable Exhibit "e" - Statement of Work Exhibit "J" - Not Applicable Exhibit "D" - Payment and Deliverable Schedule Exhibit PlK" - Not Applicable Exhibit "E" - Not Applicable Exhibit "L" - Not Applicable Exhibit "F" - Not Applicable Exhibit "Mil - Not Applicable Exhibit "G" - Not Applicable Exhibit "N" - Not Apnlicable I TOTAL DISTRICT CONSIDERATION: $ 400.000 AGREEMENT TYPE: Not-to-Exceed Multi-Year Funding (If Applicable) FY : 2006 $400,00000' *Subject to District Governin~ Board Annual Budget Approval TERM: Two (2) Year'i EFFF,CTTVF. DATF.: r.ast Date of Execution bv the Parties District Project :l\1anager: Elizabeth Abbott District Contract Specialist: Patrick Wiener Telepbone No: 239-338-2929 XT 7730 561-682-6220 Fax :'>10. 239-338-2936 Fax No.: 561-681-6275 SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT: SUBMIT NOTICES TO THE COUNTY AT: South Florida V.later Management District Collier County 330] Gun Club Road 2885 Horseshoe Drive South West Palm Beach, Florida 33406 Naples, FL 33104- Attention: Procurement Department I Attention: County Manager IN WITNESS WHEREOF, the authorized representative hereby executef> this Contract on this date, and accepts all Tem1S and Conditions under which it is issued. COLLIER COUNTY . Board of ~U"ty SUl'TlI nORID"- WATER ,~'f.\r'AGD]["n DISTRICT commiSSione~ l~~,orida BY ITS GOVER'\I;\G BOARD '\cccp1d Hy: I , , r>>/ ( Accepted Bv: ~ ~ - ... .-- -'---'-. ~,,----- ~_. -....-- SI1;I1Jllm:: ()f AUliwrvcd Rq1rcscnt:-,lIV(' Fl.J');. 11.j\ckll. Pw~un.'rm:!'I1 iJlrc,:lm,-' D~Itr.:. C <>.['t,'<.. I'l.;l\, \ ",1r-"'...t;.,., ,. ",;j,',J//,"( Title: Frank Halas. Chairman -- . ---_.-"~ --_._..~_..~ Date: ;;>'-i7-n0 _ r/ ---_.__._~-_.- ._._-_._...._,----_....,_._~-'- ~1,.~'~/"" '''''i2%''. "''')l) ",."ffi ('l'-'~lC~" ~ .. . .,_' ". ,.1_,... ,.. I .~\ \! / I _ \~\,.)ri~,!r.>d D'l)Y4&L(/kE~~_ fblC:: 1;1 /2,)/ IJfJ aQ r0 ((\-11'1 ,:Ol'ld Ie'Z<:,l _'... ~...r .., "-' .. ' - -r----'''. - ~lt/?~ L Da,ted: ATTEST: DWIGHT E. BROCK. C1c'rk '1Dttc. f\'l\U \,~ ~(h .--d ".b.e --t:::....--x:'-:-~ ~ II to ~dl:'lll!l" sl~tt!l"t 0111,. Assistant County Attorney ilsm :'~o. 'iG32 SOUTH FLORIDA W <\TER MANAGEMENT DISTRl~T2 2007 ... . ;"""'::1;."9 8 of 22 EXHIBIT "B" 0 GENERAL TERMS AND CONDITIONS ARTICLE] - STATEMENT OF WORK l.l 'The COUNTY shall, to the satisfaction of the DISTRICT, fully and timely perform all work items described in the "Statement of Work," attached hereto as Exhibit "C" and made a part of this AGREEMENT. 1.2 As part of the services to be provided by the COl.:NTY under this AGREEMENT, the COUNTY shall substantiate, in whatever forum reasonably requested by the DISTRICT, the methodology, lab analytical examinations, scientific theories, data, reference materials, and research notes, The COlJ!.lTY shall also be required to substantiate any and all work completed, including but 110t limited to, work completed by subcontractors, assistants, models, concepts, analytical theories, computer programs and conclusions utilized as the basis for the final work product required by the AGREEMENT. TIlis paragraph shall survive the expiration or termination of this AGREEIVIENT. 1.3 The parties agree that time is of the essence in the performance of each and every obligation under this AGREEMENT. 1.4 In tile event COUNTY employees or hired workers are authorized by Exhibit "C" to perfom1 services on-site at DISTRICT facilities, the COUNTY hereby agrees to be bound by all applicable DISTRICT policies and standards of conduct listed in Attachment 1, "Contractor Policy Code Acknm....lcdgement" to Exhibit "e" and shall require each individual pl:rforming such on-site work to execute the Attachment 1 [01111, It is the COUNTY's responsibility to advise its employees or hired workers of the mJnlre of the project, as described in Exhibit "C". TIle COVNTY shall detcrmine the method, detarls and means of perfom1ing the services, within u1e parameters cstablished by Exhibit "C", 111e DISTR1CT shall provide additional guidance and instmctions to COUXTY's employees or hircd \vorkers where necessary or appropriate as detclTIlincd by the DISTRICT. ARTICLE 2 - COMPENSATIONI CO"'SrDERATION 2. 1 The total consideration for all work required by tbe DISTRICT pursuant to this AGREEME"'T shall not exceed the amount as indicated on the cover/signature page of this AGREEMENT. Such amount includes all expenses which the COUNTY may incur and therefore no additional consideration shall be authorized. 2.2 Non.vithstanding the foregoing, the amoWlt expended under this AGREEME"'T shall be paid in accordance .with, and subject to the multi-year funding allocations for each DISTRICT fiscal year indicated on t.he cover/signature page of this AGREEMENT. Funding for each applicable fiscal year of this AGREEMENT is subject to DISTRICT Goveming Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions III this AGREEMENT to the contrary, The DISTRICT will notify the COLNTY in writing after the adoption of the fmal DISTRICT budget for each subsequent fiscal year if funding is not approved for tillS AGREEMENT. 2.3 111e COtJNTY assumes sole responsibility for an work which is perfonned pursuant to the Statement of Work, Exhibit "C". By providing funding hereunder, the DISTRICT does not make any warranty, guaranty, or any representation wh;)tsocver regarding the correch1ess, accuracy, or reliability of any of the work performed hereunder. 2.4 The COL'NTY by executing this AGREEMENT, certifies to truth-in.negotiation, specifi:::ally, that '\'age rates and other factual unit costs supporting the considerJ.tion are accurate, complete, and cunent at the time of contracting. The COVNTY agrees rhat the DISTRICT may adjust tile consideration for this AGREEI\.fENT to exclude any significant sums by \\'hich the consideratlon \\"as increased due to inaccurate, incomplete, or non-current wage rates and other fJctual unit costs. The DISTRICT shall tnake any such adjustment within Page 1 of 10, Exhibit "B" I Contract File:\County.doc 12/19/05 Agenda !tem ~~o. 1 GB2 SOUTH FLORIDA WATER MANAGEMENT DISTlU~~:29 ;~g; EXHIBIT "B" GENERAL TERMS AND CONDITIONS one (1) year following the expiration or termination of this AGREEMENT. ARTICLE 3 - INVOICING AND PROMPT PAYMENT 3.1 The COUNn?'s invoices shall reference the DISTRICT's Contract Numher and shall be sent to the DISTRICT's address specified on the cover/signature page of this AGREEMENT. The COUNTY shall not submit invoices to any other address at the DISTRICT. 3,2 The COUNTY shall submit the invoices on a completion of deliverable basis, pursuant to the schedule outlined in the Payment and Deliverable Schedule, attached hereto as Exhibit "D" and made a part of this AGREEMENT, In the event the schedule does not specify payment on a completion of deliverable basis, all invoices shall be substantiated by adequate suppOliing documentation to justify hours expended and expenses incurred within the not-to-exceed budget, including but not limited to, copies of approved timesheets, payment vouchers, expense reports (including approved travel costs, if applicable), receipts and subcontractor invoices. Any authorized travel shall be reimbursed in accordance with Chapler 112, Florida Statutes. 3.3 it is the policy of the DISTRICT that payment for all goods and services shall be made in a timely manner and that interest payments are made on late payments. In accordance with Florida Statutes, Section 218.70, Florida Prompt Payment Act, a "proper" invoice is defined as an invoice that conforms to all statutory requirements and all DISTRICT requirements as specified in the AGREEMENT for invoice submission. The time at which payment shall be due from the DISTRICT shall be forty-five (45) days from receipt of a proper mvoice and acceptance of services and/or deliverables, based on compliance with the stahltOl)' requirements set forth in Section 218.70, F.S. and upon satisfaction of the DISTRICT conditions as detailed in the AGREEMENT, Failure of the COUNTY to follow the instructions set forth in the AGREEMENT regarding a proper invoice and acceptable services and/or deliverables may result in an unavoidable delay in payment by the DISTRICT. All payments due from the DISTRICT for a proper invoice and acceptable services and/or deliverables and not made within the time specified in this section shall bear interest from thirty (30) days after the due date at the rate of one percent (1%) per month on the unpaid balance, The COUNTY shalI invoice the DISTRICT for payment of any accrued unpaid interest. Any disputes regarding invoice payments which cannot be resolved by the appropriate department of the DISTRICT shalI be concluded by final written decision of the DISTRICT Leadership Team not later than sixty (60) days after the date on which the proper invoice was received by the DISTRICT. 3.4 Unless otherwise stated herein, the DISTRICT shalI not pay for any obligation or expenditure made by the COUNTY prior to the conunencement date of this AGREEMENT. ARTICLE 4 - PROJECT MANAGEMENT! NOTICE 4.1 The parties shall direct all technical matters arising in connection with the performance of this AGREEMENT, other than invoices and notices, to the attention of the respective Project Managers specified on the cover/signature page of tlle AGREEMENT for attempted resolution or action. .The Project Managers shall be responsible fur overall coordination and oversight relating to the performance of t..'-1is AGREEMENT. 1110 COUNTY shalI direct all administrative matters, including invoices and notices, to the attention of the DISTRJCT's Contract Specialist specified on tbe cover/signature page of the AGREEMENT. All formal notices between the parties under this AGREEMENT shalI be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the respective' addresses specified on the cover/signature page of the AGREEMENT. The COUl\:TY shall also provide a copy of all notices to the DISTRICT's Project Manager. All notices required by this AGREEMENT shall be considered delivered upon receipt. Should either party change its address, v,rrittenp Page 2 of 10, Exhibit "B" Contract FJle:\County,doc 12/19/05 Q'::;rjC~.3 :i0;;n 1')0. "j 682 SOUTH FLORIDA WATER MANAGEMENT DISTRIK."f'~; 2?~! , (:;':j..... 1\.., c), .;..2 EXHIBIT "B" GENERAL TERMS AND CONDITIONS notice of such new address shall promptly be sent to the other party. All correspondence to the DISTRICT under this AGREEMENT shall reference the DISTRICT's Contract Number specified on the cover/signature page of the AGREEMENT, ARTICLE 5 - INSURA:\CE 5.1 The COUNTY assumes any and all risks of personal injury, bodily injury and property damage attributable to the negligent acts or omissions of the COU~TY and the officers, employees, servants, and agents thereof. The COUNTY warrants and represents that it is self-funded for \Vorker's compensation and liability insurance, covering at a minimum bodily injury, personal injury and property damage with protection being applicable to the COUNTYls officers, employees, servants and agents V\..'hile acting within the scope of their employment during performance under this AGREEMENT. T11e COUNTY and tile DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to cither party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to he 5ued; or 0) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.2.s, Florida Statutes. 5.2 In the event the COU"'TY subcontracts any part or all of the work hereunder to any third party, the COUNTY shall require each and every subcontractor to identify the DISTRICT 3S an additionnl insured on all insur;:mce policles as required by the COUNTY. Any contract awarded by the COUNTY for work lInder this AGREEMENT shall include a provision whereby the C01JNTY's subcontractor agrees to indenU1ify, and pay on behalf, and hold the DISTRICT harmless from all damages ariSing lTI cOlmection with the COUl'TY's subcontract. ARTICLE 6 - TERMINATION/REMEDIES 6.1 It is the policy of the DISTRICT to encourage good business practices by requiring contractors to materially perform in accordance with the terms and conditions of the DISTRICT AGREEMENT. In accordance with DISTRICT Rule 40E-7, Part II, F,A.C., "material breach" is defined as any substantial, unexcused non- performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the tenus and conditions of the AGREEMENT. If !he COUNTY materially fails to fulfill its obligations under this AGREEMENT, the DISTRICT will provide wrinen notice of the deficiency by forwarding a Cure ~.Jotice citing the specific nature of the material breach. The COUNTY shall bave thirty (30) days to cure the breach. If the COUNTY fails to cure the breach within the thirty (30) day period, the DISTRICT shall issue a Tcmlination for Default Notice. Once the DISTRICT has ootified tile COU1'iTY that it has m3t~ri81ly breached its contract \viIh the DISTRICT, by sending a Ternlinalion for Default Notice, the DISTRICT's Governing Board shall detennine whether the COUNTY should be s.uspended from doing future 'A'ork \vith the DISTRICT, and if so, for what period of time. The DISTRICT~s Governing BOllrd will consider the factors detailed in Rule 40E- 7, Part II, F.A.C. in making a determination as to whether a COUNTY should be suspended, and if so, for what period of time. Should the DISTRICT tcrminaie for default in accordance with this provision, the DISTRICT shall be entitled to recover reprocurement costs in addition to all other remedies under law and/or equity. 6,2 The DISTRICT may terminate this AGREEI\1EJ\'T with or \vithout cause at any time for convenience upon thil1y (30) calendar days prior written notice to the COUNTY. The penomunce of work Imdc:r this AGREEI\fENT may be tcmlinated by the DISTRICT in accordance \vith this clause in whole, or from time to time in patio whenever the DISTRICT shall determine that sllch lemllnation is in the best interest of the DISTRICT. Any such tennination shall be effected by delivery to tlle COUNTY of a Notice of Termination specifying tile extent to which perfolTI1ance of work under the AGREEI\1ENT is tenninated, and the date upon which Page 3 of 10, Exhlblt "B" I Contract File:\County.doc 12119/05 __J -----~_._~_._-._---~-~-~_...- 7. 4 + 7.3 />0 tV", AfPl-'1 -n; TI~ ..[t9PE. 0 i= rms Pt'~Ms."i. Til'IS 1$ ~ ~1<s.i1Wr-r'ierJ ~6 INIII"'../U!- f';:lo~!l.lf.,~ 1'(lG~~ + DC>WH/Slv,,J A qp~i }.i&~. 9 uJ :3 ~ if.:> - O~ .r" "!*OJ roitJa ./ ]);;f5 NO;- ;\genda It9nl [,10. 1 CB2 JUlie 12, 2007 ?age 11 of 22 i:s;n i'b 6!::: SOUTH FLORIDA WATER MANAGEMENT DISTRf:Cr',2; 2~C: r c~'c '.c- '.J, ..:: EXHIBIT "B" - GENERAL TE~"1S AND CONDITIONS such termination becomes effective. In the event of termination for convenience, the DISTRICT shall compensate the COUNTY for all authorized and accepted deliverables completed through the date of termination in accordance ,vith Exhibit "C", S1lltement of Work. The DISTRICT sball be relieved of any and all future obligations hereunder, including but not limited to lost profits and consequential damages, under this AGREEMENT. The DISTRICT may withhold all payments to tile COUNTY for such work until such time as the DISTRlCT determines the exact amount due to the COUNTY. 6.3 In the event a dispute arises which the project managers cannot resolve benveen themselves, the parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be impartial, shall be selected by the parties, and the cost of the mediation shall be borne equally by the parties. TIle mediation process shall be confideIltial to the extent pennitted by law. 6.4 The DISTRICT may order that al] or part of the work stop if circumstances dictate that this action is in the DISTRICT's best interest. Such circumstances may include, but arc not limited to, unexpected technical developments, direction given by the DISTRICT's Governing Board, a condition of immediate danger to DISTRICT employees, or the possibility of damage to equipment or prop(:rty. TIlis provision shall not shift responsibility for Joss or damage, including but not limited to, lost profits or consequential daITlJges sustained as a result of sllch delay, ITom the COVl'iTY to the DISTRICT. If this provision is invoked, the DISTRICT shall notify the COUf\;TY in writing to stop work as of a certain date and specify the reasons for the action, which shall not be arbitnJl)' or capricious. The COlJNTY shall then be obligated to r.;uspend all work efforts as of the effective date of the notice and until further writte'fl direction from the DISTRICT is received. Upon resumption of \~'/ork, if deemed appropriate by the DISTRICT, the DISTRICT shall initiate an amendment to this AGREEMENT to reflect any changes to E;.;.hibit "C", Statement of\Vork andior the project sck:dule. 6.5 TIle DISTRICT anticipates a total project cost as indicated on the cover/signature page, with the balance of matching funds and/or in-kind services to be obtained from the COUNTY in the amount as specified on the cover/signature page of this AGREEMENT. In the event such COUNTY matching funding andlor in. kind services becomes unavailable, that shall be good and sufficient cause for the DISTRICT to temllnatc the AGREEME:'<lT pursuant to Paragraph 6.2 above. ARTICLE 7 - RECORDS RETENTlON/ OWNERSHIP 7, I The COUNTY shall maintain records and tile DISTRICT shall have inspection and audit rights a.s follows: A. I\faint~JlancLof _R~~iJrds_~ TIle COUNTY shall maintain all fmancial and non-fmancial records and reports directly or indirectly related to the negotiation or performance of this AGREEI\1ENT including supporting docun1entation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five years from completing perfonnance and receiving final payment under this AGREE"MENT. B. :E:X<im!l).L!.ti9nQ[J~,e<::.QrLis.: TIle DISTRICT or its desigmted agent shall have the right to examine in accordance witJ1 generally accepted governmental auditing standards all records directly or indirectly n:lated to iliis AGREE1\lENT. Such examination may be moce onJy within five years from the date of fmal payment under this AGREEJ\.fENT and upon reasonable notice, time and place. C E~tendt'd___~\'ai1abili:!:Y.-Q.[B_~ords il2!" IJee:?l !2!s.Qutes: In the event that the DISTRICT should become involved in ;1 legal displlte \\'ith a third party arising from perfOl111allCe under tIns AGREEIHENT, the COUNTY shall extend the period of maintenance for all records relating to the AGREEJVIE!\T until the final disposition of the legal dispute, and all such records shall be made readily available to the DISTRICT. .,rg i ".\ '^ n .": ~ (;~fi(/ -:'.:': 11,~ BTCTlt~CT d atJ uh!.iL Ulli!llBi -~ l.i~~ E~.rJlioLt ~,.a [fLu ~f(pFifJkl.F) rielL iN. fill erl. itol1lfj Page 4 of 10, Exhibit "8" r Contract File:\County,doc 12...'19/05 ,,"., \ j#i~) I trr'tt b ., " .;.. '- .r&,xi) ( !two(, Agenda It{:::ill i~o. 1682 SOUTH FLORIDA WATER MANAGEMENT DISTR~~r\23 ;ygi EXHIBIT "B" ~ GENERAL TERMS AND CONDITIONS ;..."1,,...1;"3 '\-",.. ............ 1;~;~,?,.:I t16, 111 drii ~:-Rt[j, " u~Ri...1 """P"rl", ""','o".."h ~,:,+~~, "':"~'1'~;.,;-r;~ ,.I"~n, :-tJ~y'.+n- pr()w~mc: in('hl{lin~ thp <;:OllTr'f'> ~nrl nhipf't (,AriF{ mkiOR are Be '8IB~oB, erSB.tC!El Sf ed18F:'iD8 eri.;inats8. J...rrrU'lR9\?T e:.' tRe CGC})JTv, itB 8bl813SR1<FBE!tar(.Jj, a8gi~n(fi), ageRt(!l) aHa'Sf Bl::I.!!Seggar(a) 1l.2l rSI1Hirea 6Y tac knkisit "C", StatH8eHt BfnrBrh (t8.8 nnrsrl:"). In r-:-RIJi-1'j'TlltI'JR 0r Yiu Pli'T"RICT ,]Rt~"';~8 ;~~':' +....;1 /.cm;:El'II.:MT, aHa Bdur gSEi8 lJiII 8 [1 lliilTl 0 l!L111, ia~:Hlti[lR tMB (ilifH8igRG: fUHl r~M~r" :- (',,11 -:1: ",.,.,;,..1, ;... '1.0.-0....:' ~':'l_~~n l'i'9gl'9. ":' tQ[' ('QTT)TT1', tAe C'Qt}~TTY Rr]~: DDGig;;HJ, ~iT:R[]f(j'~r, ~,..11^ ~_..1. 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'7 J The {'(,.P>TTl' ref!::'I3CGRt!J 8.RiiiI . afRiRt[j tl*- J3f~.t1ri[tJ..} JefF. arD, if E:.fl}, '[! 13[1 JHD 'idod h till) BISl'IUC'f LJ [1,.. COu?:T"..' L..."~ud,",,, ~... 3J"Tsl;'ifiuElIlj iehllCr.~cl. ~L :JlLi: it "e", f;HJ:t~I.Lul [I. ~,':,-,~L ,,1....11 l,u..... b""...... G,"'v..lvj,'......: ...vI,,:) b] v. [v. ~L.... cOUr~'f'b'., u 1.:...&'l1J ~~'1~~~""J ~Hd~~ t,,~...._ f.~.u~ t!?ir-1 I'm;;!:,., ir:;"si--g the rigl,~ 1'>1 ""hl;,,"'...._~ ""~R 8':'-"'t'" i?lH:j TNJ C''?P]>TT:' .::1-9.11 iReluBlJ BfJ.jTif,ht lU F"."r;",-I"r:, 1 'g'tl~~ iR till s;:ft ,ii.IL [Ll,j ~u C." :...:......,l , 'j' - 1111 :li:w' -1 .. tHit'j"rllil :11' l':""l~' TiLl C?r:D>TT" [11.8]] gnuH t:- <-111{ .Dl~TRI('T" P':'''9~'''''''J, '"'9", ?~~,:,-F4"."71" nn'~ nv,:,l""~"l> ,.;:.(h+ ;.,.., n"~ ;-1,,:, iSJ2!R<i::'Ld fil'1~t"' BrG "'jtHL"lt l1P ,,,lrlj~;"~'" f'", Th. :BrST.&ICT ,-,,,,L.v,,Ld6,,,.., ll....d L;,J..., 1,-, LL.... "'V[[..Ul.. iJ-:'uU';l.d ;H :=,.L:b:t ":" .,:....Il .....uw~u ,,~th the hieD! rc. 7.4 Any equipment purchased by the COUNTY with DISTRICT funding under this AGREEMENT shall be returned and title transfclTed from the COIINTY to tlJe DISTRICT immediately upon tennination or t:xpiratiun of this AGREE1\-IENT upon the written request of the DISTRICT not less than thirty (30) days prior to AGREEMENT expiration or termination. Equipment is hereby defined as any non-consumable items purchased by the DISTRICT with a value equal to or greater than $1,000,00 and with a normal expected life of one (1) year or more. The COUNTY will maintain any such equipment in good working condition while in its possession and will return the equipment to the DISTRICT in good condition, less nonnal wear and tear. The COUNTY will use its best efforts to safeguard the equipment throughout the period of performance of this AGREEMENT, However the DISTRICT will not hold the COUNTY liable for loss or damage due 10 causes beyond the COUNTY's reasonable controL In the event of loss or damage, the COUNTY shall notify the DISTRICT in writing within five (5) working days of such occurrence. 7.5 The DISTRICT has acquired the right to use cenain software under license from third parties. For purposes of this AGREEMENT, the DISTRICT may permit the COUNTY access to certain third party owned soft\varc on DISTRICT computer systems, The COUNTY acknowledges the proprietary nature of such software and agrees not to reproduce, distribu1e or disclose such software to any third party. Use of or access to such sofhvare shall be restricted to designated DISTRICT ovmed systems or equipment. Removal of <lIlY copy of licensed softv...'are is prohibited. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The COUNTY, its employees, subcontractors or assigns, shall comply '.\rith all applicable federal, state, and local hnvs and regulations relating to the perii:nmance oftlJis AGREEMENT, The DISTRICT undertakes 110 duty to ensure such compliance, but \vitl attempt to advise the COIJNTY, upon request, as to any such laws of which it has present knowledge. 8.2 The COUNTY hereby assures that no person shall be discriminated against on the grounds of race. color, creed, national origin, handicap, age, or sex, in any activity under this AGREEMENT, The Page 5 of 10, Exhibit "Bll Contract File:\County,doc ] 2/19105 1!:=;>1l I',!o.~ CS2 SOUTH FLORIDA WATER MANAGEMENT DISTR~~::r1_~4;r~; EXHIBIT "B" GENERAL TERMS AND CONDITIONS COUNTY shall take all measures necessary {o effectuate these assurances. 8.3 The laws of the State of Florida shall govern all aspects of this AGREEMENT. In the event it is necessary for either party to initiate legal action regarding this AGREEMENT, venue shall be in the Fifteenth Iudicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.4 The COUNTY, by its execution of this AGREEMENT, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the DISTRiCT is a convicted vendor or has been placed on the discriminatory vendor list. If the COUNTY or any affiliate of the COUNTY has been convicted of a public entity Clime or has been placed on the discriminatOlY vendor list, a period longer than 36 months has passed since that person was p18ced on the convicted vendor or discriminatory vendor list. TIle COVi'TY further understands and acc('Pts that this AGREEMENT shall be either vOld by the DISTRICT or subject to immediate tcnmnation by the DfSTRICT, in the event there is any Dllsrepresentation or lack of compliance with the man(btes of Section 287.133 or Section 287.134, respccti\'e1y, Florida Statutes. 1ric DISTRICT, in the event of such tcnnination. shall not incur any li<ibilily to the COUNTY for any work or materials fumished. 8.5 The COUNTY. by its execution of this AGREEMENT, acknowledges and attests th3t neither it, nor any of it..:;; suppliers, subcontractors, or consultants \yho shall perform '.vork which is intended to benefit the DISTIUCT 15 included on the list of Specially Designated Nationals and Blocked Persons (SDN List) which is administered by the U.S. Depaltment of Treasury, Office of ForeIgn Assets Control. TIle COUNTY further understands ~ll1d accepts that this AGREEMENT shall be either void by the DISTRICT or subject to inmlediate termtnation by the DISTRICT, in the event there is any misrepresentation. The DISTRICT. in the event of such termination, shall not incur any liability to the COU1'\TY for any work or materials furnished. 8,6 The COUNTY shall be responsible and liable for the payment of all of its FICA/Social Security and other applicable taxes resulting from this AGREEMENT, 8,7 The COUNTY warrants that it has not employed or retained any person, other than a bona fide employee working solely for the COUNTY, to solicit or secure this AGREEMENT. Further the COUNTY warrants that is has not paid or agreed to pay any person, other than a bona fide employee working solely for the COUNTY, any fee, commission, percentage, gi~ or other consideration contingent upon or resulting from tile awarding or making of this AGREEMENT, For breach of this provision, the DISTRICT may terminate this AGREEMENT without liability and, at its discretion. deduct or otbcr\\'ise recover the full amount of such fee, commission, percentage, gift, or other consideration. 8,8 TIle COUNTY shall allow public access to all project docwncnts and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter 119 and related Statutes. the burden of establishing such exemption, by \vay of injilllctive or other rehef as provided by Jaw. shall be upon the COCNTY 8,8,) Pursuant to Sections 119,07(3)(0), and 1004.32 Florida Statutes, data processing software obtained by an agency under a Iicen~e AGREEMENT which prohibits its disclosure and which soft\vare is a trade secret, as defined in Sections 812.081(c). Florida Stannes is exempt from the disclosure provisions of the Public Records law. However. the parties hereto agree th3t if a request is made of the DISTRICT, pursuant to Chapter 119, Florida Statule, for public disclosure of proprietary property bemg licensed 10 the COUNTY (Licensee) hereunder, the DISTRICT shall advise the CoOl:]',"ry (Licensee) of such request and. as betv.'een the DlSTRJCT and the COUNTY (Lic('nsee), it shall be the COUNTY's (Licensee's) sole burden and responsibility to immediately seek and ontain snch injunctive or other relief from the Coul1S and to inmlediately serve notice of the same Page 6 of 10, Exhibit "B" . Contract File:\County.doc 12/1 9/05 ,L,genda item No. "1 (3B2 SOUTH FLORIDA WATER MANAGEMENT DISTR1CT'2 2Ci9? j'''lg~ 15 of LL. EXHIBIT "B" GENERAL TERMS AND CONDITIONS upon the Licensor to protect the Licensor's claimed exemption under the Statute. 8.9 The COUNTY shall make reasonable efforts to obtain any necessary federal, state, local, and other governmental approvals, as well as all necessary private authorizations and permits, prior to the connnencement of performance of this AGREEMENT. A delay in obtaining permits shall not give rise to a claim by the COUNTY for additional compensation. If the COUNTY is unable to obtain all necessary pennits in a timely manner, eIther party may elect to terminate this AGREEl\fENT, each party to bear its own costs, notwithstanding other provisions of this AGREEMENT to the contrary. 8,10 Pursuant to Section 216.347, F.S., the COUNTY is prohibited from the expenditure of any funds under tins AGREEMENT to lobby the Legislature, the judicial branch or another state agency. 8.11 The DISTRICT is a governmental entity responsible for performing a public service and therefore has a legitimate interest in promoting the goals and objectives of the agency. The work under this AGREEMENT involves a project consistent with these goals and objectives. Consequently, the DISTRICT is desirous of satisfactorily completing and successfully promoting this project with the cooperation of its COUNTY. TIlerefore, the COUNTY assures the DISTRICT that the COUNTY, its employees, subcontractors and assigns will refrain from acting adverse to the DISTRICT'S legitimate interest in promoting the goals and objectives of this project. The COUNTY agrees to take all reasonable measures necessary to effectuate these assurances. In the event the COUNTY detcnnines it is unable to meet or promote the goals and objectives of the project, it shall have the duty to irrmledialely notify the DISTRICT, Cpon such notification the DISTRICT, in its discretion, may terminate this AGREEMENT. ARTICLE 9 - RELATIONSHIP BETWEEN THE PARTIES 9.1 The COUl'l'TY shaH be considered an independent contractor and neither party shaH be considered an employee or agent of the other party. Nothing in this AGREEMENT shaH be inteIpreted to establish any relationship other than that of independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance on this AGREEMENT. Both parties are free to enter into contracts with other patties for similar services. 9.2 In the event that tile COUNTY is providing staff who will be working on-site at DISTRICT facilities, it is further understood that the COL'NTY shaH he the employer of the staff provided pursuant to the AGREEMENT for aH pUlposes under state and federal law and tilat the COUNTY's staff shaH not be eligible for any benefit programs the DISTRICT offers to its employees, AH henefits available to the COUNTY's staff shaH be exclusively provided by the COUNTY or by the COUNTYls employee. TIre COUNTY is solely responsible for compliance with all labor and tax laws pertaining to officers, agents and COUNTY employees and shaH rndemnify and hold tile DISTRICT hannless from any failure hy tlle COUNTY ro comply with such Jaws, TIle COlJNTY's duties with respect to such personnel shall include, but are not limited to, the following: 9.2.1 Billing, collection. payroll services and tax withholding, and any other related services 9.2.2 Providing insurance coverage pursuant to Article 5 of this AGREEMENT. 9.2.3 Providing any and all employment benefits, including, but not limited to, annual leave, sick leave, paid holidays, health insurance, retirement benetits and disability insurance. 9.2.4 Complying with the Fair Labor Standards Act, 29 USe. 201, el.seq" including payment of overtime in accordance with the Act. 9.2.5 Providing employee training for all activities necessary for job perfonnance, except those fWlctions tilat are unique to the DISTRICT, in which Page 7 of 10, Exhibit "B" Contract Filc:\County.doc 12: 1 t)i(lj /\,!f;nc:a i\(.'):T, :\)0. "1C32 SOUTH FLORIDA WATER MANAGEMENT DISTRle.ri,~, 20~7 ,-"h:e I'.J ~Jf ,,-2 EXHIBIT "B" - GENER..l,.L TERMS AND CONDITIONS event, the DISTRICT, in its sole judgment and discretion, may provide training. 9.3 It is the intent and underst:mding of the Parties that this AGREEMENT is solely for the benefit of the COUNTY and the DISTRICT. No person or eonty other than the COUNTY or tbe DISTRICT shall have any rights or privileges under this AGREE:MENT in any capacity whal'iOever, either as third-party beneficiary or otherwise. 9.4 'The COl7NTY shall not assign, delegate, or otheJ'VI.'ise transfer its rights and obligations as set fOlth in this AGREEMENT ",ithout tllC prior written consent of the DISTRICT. Any attempted assignment in violation of this provision shall be void. 9.5 The COUNTY shall not pledge the DISTRICT's credIt or make tlle DISTRICT a guarantor of payment or surety for any AGREEI\;1E~T, debt, obligation, judgement, lien, or any fOffil of indebtedness. 9.6 'nle DISTRICT assumes no duty with regard to toe supervision of tlle COUNTY and the COUNTY shall remain solely responsihle for compliance with all safety requirements and for the safety of all persons and property at tile site of AGREEMEl'T perfonuanee. ARTICLE 10 - MBE PARTICIPATION 10, I The COU"TY hereby acknowledges that no I'vlinority Business Enterprises (MBE) participation level has been est;::blishcd for this AGREKMENT; howevcr, both parties agree to provide the other advance notice of competitive contracts thut may result from this AGREE1\tENT along with timelines for public notice and award of slIch contracts. In the c\'ent subsequent competitive contract a\vards do result in "[\,lIRE participation, sllch participation shall be reported to the other parry. Both the COUNTY and the DISTRICT will C'nsure compliance with the provisions of their respective program, laws, ordinances and policies and ",'ill support the other's initiatives to the extent al10wecJ by law. ARTICLE 11 - GE'iERAL PROVISIONS 11.1 Notwithstanding any provisions of this AGREEMENT to the contraIY, the parties shall not he held liable for any failure or delay in the perfonnance of this AGREEMENT that arises from fIres, floods, strikes, embargoes, acts of the public enemy, unusually severe \veather, outbreak of war, restraint of Government, riots, civil conunotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to perfonn shall be excused during the continuance of such circumstances, but this AGREEMENT shall othcrn'ise remain in effect. This provision shall not apply if the "Statement of \Vork" of this AGREEMENT specifies that performance by COUNTY is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any incol15istency in tllis AGREEMENT shall be resolved by giving precedence in the following order: (J) Exhibit "A" Special Provisions, if applicable (b) Exhibit "B" General TemlS and Conditions (c) Exhibit "C" Statement of Work (d) all other exhibits, attachments and dOClm1ents specifically incorporated herein by reference 11,3 FallLrrcs or wat\'crs to msist on strict perfom1ance of any covenant, condition, or provision of this AGREEMENT by the patties, their successors and assigns shan not be deemed a waiver of any of its rights or rcmedJes, nor shall it relieve the other party from pcrfomling any subsequent obligations strictly in accordance with the tCffilS of this AGREEl\iENT. No waiver shan be effective unless in wrinng and signed by the party against whom enforcement is sought. Such w<liver shall be limited to prOVIsions of this AGREE1\lENT specifically referred to therein and sbdl not be deemed a wCliver of any other provision. No \\'<livcr shall constitute a continuing \"aiver unless tll:: '\Tiring states othenvise. 11.4 Should :Iny term or provision of this AGREEJ\1E:\'T be held, to any extent, invalid or unenforcc~b]e, as ngainst any pt'rson, entlty or circumstance during the term hereof, by force of any :;t:ltutc, 1m>,:, or mling of any forum of competent jUlisdictlon, such invalidity shall not affect any other Page 8 of 10, Exhibit HB" , Contract File:\County.doc 12119105 p,g~;nda Item No. 1682 SOUTH FLORIDA WATER MANAGEMENT DlSTRIJf;,;t2 2097 "o"~17Qf22 EXHIBIT "B" GENERAL TERMS AND CONDITIONS ---~' term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law, 11.5 This AGREEMENT may be amended only with the written approval of the parties hereto. 11.6 11lis AGREEMENT states the entire Wlder- standing and AGREEMENT between the parties and supersedes any and all written or oral representations, statements. negotiations, or contracts previously existing between the parties with respect to the subject matter of this AGREEMENT. The COUNTY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind the DISTRICT in a contractual relationship unless they have been reduced to \vriting and signed by an anthorized DISTRICT representative. 111is AGREEMENT shall inure to the benefit of and shall be binding upon the panies, their respective assib'11S, and successors in interest. ARTICLE 12 -SAFETY REQUIREMENTS 12, I The COUNTY shall require appropriate personal protective equipment in an operations where there is exposure to hazardous conditions. 122 The COUNTY shall instmct employees required to handle or use toxic materials or other harmful substances regarding their safe handling and use, including instruction on the potential hazards, personal hygiene and required personal protective measures. A Material Safety Data Sheet (MSDS) shall be provided by the COUNTY to the DISTRICT on each chemical product used. 12.3 111e COUNTY shall comply with the standards and regulations set forth by the Occupational Safety and Health Administration (OSHA), the Florida Deparnnent of Labor and Employment Security and all other appropriate federal, state, local or DISTRICT safety and health standards. 12.4 It is the COUNTY's sole duty to provide safe and healthful working conditions t.o it.s employees and those of Ule DISTRICT on and about the site of AGREEMENT performance. 12.5 The COUNTY shall initiate and maintain an accident prevention program which shall include, but shall not be limited to, establishing and snpervising programs for the education and training of employees in the recognition, avoidance. and prevention of unsafe conditions and acts. 12.6 The COUNTY shaH erect and maintain, as required by existing conditions and performance of the AGREEMENT, reasonable safeguards for safety and protection, including posting of danger signs and other warnings, against hazards. 12,7 The COUNTY shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: 12.7.1 employees on the work and other persons who may be affected thereby; induding pedestrians, visitors, or traveling public; 12.7.2 the work, materials, and equipment to be incorporated therein; whether in storage on or off the site, under care, custody or control of the COUNTY, or the COUNTY's subcontractors; and 12.7.3 other properties at the site or adjacent thereto; such as trees, shrubs, la~'I1s, walks, utilities, pavement, roadways, structures, building, vehicles, and equipment not designated for removal, relocation or replacement in the course of work. 12,8 The COUNTY shall provide first aid services and medical care to its employees. 12,9 The COUNTY shall develop and maintain an effective fire protection and prevention procedures and good housekeeping practices on the work site throughout the AGREEMENT. Page 9 of lO, Exhibit "B" Contract File:\County.doc 12/19/05 :i"::;iYl ~'JD. 'iC32 SOUTH FLORIDA WATER MANAGEMENT DISTRJ'C:t,2~ 2i;7 . U~I~ ,'..1.], _2 EXHIBIT "B" ~ GENERAL TERMS AND CONDITIONS 12.10 Emergencies: In emergency affecting safety of persons or property on or about the site or as a result of the work; the COUNTY shall act, timely and with due diligence, to prevent threatened damage, injury, or loss. 12,11 Environmental: When the COUNTY, COUNTY's contractors, or subcontractors, use petroleum products, hazardous chemicals, or any other chemicals used on or about the site, the COUNTY shall be responsible for handling these chemical constituents in accordance with federal, state and local regulations during the terms of the AGREEMENT. For accidental discharges or releases onto the floor, air, ground, surface waters, ground waters, it shall be the COUNTY's sole responsibility to respond immediately to clean the site, at his expense, to the complete satisfaction of federal, state, 10c.l regulatory agencies and to the DISTRICT requirements. 12,12 The DISTRICT may order the COUNTY to halt operations under the AGREEMENT, at the COUNTY's expense, if a condition of immediate danger to the public and/or DISTRICT employees, equipment, or property exist. This provision shall not shift the responsibility or risk of loss for injuries or damage sustained from the COUNTY to the DISTRICT; and the COUNTY shall remain solely responsible for compliance with all federal, state and local safety requirements, provisions of this section, and safety of all persons and property on or about the site. Page 10 of 10, Exhibit "Bu Contract File:\County,doc 12/19/05 I f'\genda Item 1\10. 1 C3B2 ,june i 2. 2007 Page 19 of 22 EXHIBIT "C" STATEMENT OF WORK LASIP Phase 1 Lely Branch Canal (U.S. 41 to Kings Lake) 1. INTRODUCTION For Fiscal Year 2006, the District received funding from the Florida State Legislature for implementation of watershed restoration projects in Southwest Florida called the Naples Bay Initiative via SAl7l7A of the General Appropriations Act. Under this Initiative are several projects addressing important water restoration and management issues in Collier County. The goals of the Initiative are to: . Construct stormwater treatment structures/facilities that improve polluted runoff and Improve the hydrology (quantity, timing and distribution) associated with freshwater discharges to the estuaries. . One of the locations in Collier County that would greatly benefit from improved stormwater management is the Lely Area, The Lely Area is approximately bounded by Radio Road to the north, Rookery Bay National Estuarine Research Reserve to the south, Airport-Pulling Road and a theoretical southward extension of the same to the west and CR 951 to the east. The Lely Area Stormwater Improvement Project (LASIP) area is shown below. The LASIP system will provide a comprehensive stormwater outfall systcm for this area of East Naples formerly known as Water Management District #6 which has experienced an increasing level of drainage related problems as growth has continued in the area. The drainage area of LASIP consists of about 11,135 acres and consists of two sub-basins known as the Lely Canal Basin (LCB) system and the Lely Manor Basin (LMB) system, The Lely Canal Basin discharges into an estuarine coastal zone along the intercoastal waterway near Dollar Bay. The Lely Manor Canal discharges into an estuarine coastal zone near the headwaters of Sandhill Bay and eventually into Rookery Bay. Due to the lack of a comprehensive drainage outfall system in the LASIP area, continued development of the area has impacted flood levels as well as water quality. Available data indicates that water quality is generally good at present but could be expected to deteriorate unless an improved water management outfall system for the area is developed, This agreement provides funding to Collier County to construct stormwater management system improvements to mitigate flooding and provide surface water quality improvements associated with a portion of LASIP Phase 1. That portion is the Lely Branch Canal from V,S, 41 north to Kings Lake. 2. OBJECTIVES The purpose of these stormwater management system improvements is to mitigate flooding by providing enhanced conveyance capabilities while improving water quality through the addition of a spreader lake to be constructed in cooperation with the Sabal Bay Community associated with the Lely Main Canal portion of LASIP (not included in this agreement). The implementation of these projects will result in tangible improvements to flood mitigation and stormwater quality in the East Naples/Lcly Area, Exhibit "e", Agreement No. OT060483 Page I of3 "I::j'j :?C'~J ~;t 2 -" ~^,.~"",,-,.,,.., ~.'. tJ ~~i~ ~ :J G 0.5 MiJ-::5___ .....:;jSi!(,; .:'~~;;S,;S~ r.:::,u ~_\:",~~S2.3 fI ~\ .~, , ,',c2i1_C,,-:;i( 2~~oe :;:{!c "ti:;~-C .':~,'<;f> ,;, :;: (j ~i f5 F"h:~~( ;-'8]", ;lr;:!:..j~ '/ ::~", J 3. SCOPE OF WORK The first portion of the LASIP Phase 1 construction is currently scheduled to begin in 2006 within the Lely Canal Basin. The scope of work for this cooperative agreement is to construct the Lely Branch Canal from U.S. 41 north to Kings Lake portion of LASIP Phase 1, This project consists of reconstructing and enlarging an existing canal to the required cross section, This portion includes approximately 1,500 feet of the Lely Main Canal from U.S, 41 north to 300 feet Exhibit "e", Agreement No. OT060483 Page 2 of 3 r ,A.gemia itf2m r'~O. oj GB2 Jllne12,2007 ?2ge 21 of 22 south of Rattlesnake Hammock Road and 5,500 feet of Branch Canal from 300 feet south of Rattlesnake Hammock Road north to the south boundary of the Kings Lake Community. The flow capacity of both canal segments will be increased. The canals will be reconstructed within County drainage easements. All necessary SFWMD and USCOE permits have been issued for this portion of the project. Improvements to the Main Canal south of US. 41, downstream from this subject location, will be completed as a separate project through cooperation with construction of the Sabal Bay Community. This work will include reconstruction of the existing canal and construction of a spreader lake with an approximately 1,100 foot long control berm at elevation of2.5 NGVD to eliminate current over drainage, salt water intrusion, and provide a broader distribution of fresh water instead of the existing concentrated point discharge, This portion of LASIP is not included in the scope of this agreement. As part of its cost share, Collier County developed the design and obtained the necessary pennits for this project. This agreement provides funding support for the constmction and construction management of the stormwater management system improvements associated with LASIP Phase I, Lely Branch Canal from US. 41 north to Kings Lake. 4. WORK BREAKDOWN STRUCTURE The County shall be responsible for the satisfactory completion of this project and may retain a consultant to provide the professional services needed to assist the County during construction. The County shall be responsible for project management, budget management and quality control and public outreach. The County shall be responsible for reviewing and approving deliverables from its construction contractor(s) to ensure that the project objectives are met. 4.1 Task 1: Construction of Lely Branch Canal (U.S. 41 to Kings Lake) The County shall be responsible for the reconstructing and enlarging portions of the existing Lely Branch Canal and Lely Main Canal to the required cross section in accordance with approved plans and permits which shall include, but not be limited to, construction, project management, and engineering oversight of all construction, These portions inclnde approximately 1,500 feet of the Lely Main Canal from US, 41 nonh to 300 feet south of Rattlesnake Hammock Road and 5,500 feet of Branch Canal from 300 feet south of Rattlesnake Hammock Road nOlih to the south boundary of the Kings Lake ConU11Unity, Task 1 Deliverables: One copy of the Notice to Proceed, one copy of the 50% Completion Certification and one copy of the Construction Substantial Completion Certification Exhibit "C", Agreement No. OT060483 Page 3 of 3 '.~ <;;;i~,a : 0;;-]1 ~-!O. :~: ~ U'",2 2. '::::i(} :--';:;;'3 ~2 of::: EXHIBIT "D" PAYMENT AND DELlVERABLES SCHEDULE . A summary deliverable and payment schedule associated with this project is set forth below including specific deliverables associated with each task and due dates for all deliverables. . All deliverables submitted hereunder are subject to review and acceptance by the District. Acceptability of all work will be based on the judgment of the District that the work is technically complete and accurate. . Payment shall be made following receipt and acceptance by the District of project invoices in accordance with the schedule set forth below. All invoices shall be accompanied by adequate documentation to demonstrate completion of cach task in accordance with Exhibit hC" Statement of Work requirements, . Total payment by the District for all activities hereunder shall not exceed the amount of $400,000. The District's cost share amount shall not exceed 50% of the combined total project cost. Task DcliverabJes Due Date* District Not- (From contract to- Exceed execution) Paymcnt Task I: Construction of Notice to Proceed 13 months 1$50,000 Lely Branch Canal (U.S. I 41 to Kings Lake)** 50% Completion Certification i 8 months 1$350,000 I Construction Substantial 16 months in/a Completion Certification I l I NOT -TO-EXCEED PROJECT TOTAL: $400.000-.-J * All dates are referenced from the date of execution of this agreement and are estimated, ** Progress payment invoices for construction activities may be submitted on a quarterly basis Exhibit "D" Agreement No, OT060483 Page 1 011 I Agenda Item No. 1683 June 12, 2007 Page 1 of 7 EXECUTIVE SUMMARY Recommendation to authorize the expenditure of $64,090 for a para-transit vehicle through the Florida Department of Transportation procurement process using a combination of $46,553 in Rural Capital Grant reimbursement dollars, $17,000 in insurance reimbursements, and $537 in local dollars from Fund 427 Project 314271; to recognize the Rural Capital Grant money and insurance reimbursements and approve the necessary budget amendments; and to use the FY07 Florida Vehicle Procurement Program and waive the competitive purchase process. OBJECTIVE: To authorize the expenditure of $64,090 for a para-transit vehicle through the Florida Department of Transportation procurement process using a combination of $46,553 in Rural Capital Grant reimbursement dollars, $17,000 in insurance reimbursements, and $537 in local dollars from Fund 427 Project 314271; and to recognize and approve budget increases to Fund 427 Project 314721 in the amount of $46,553 for the rural capital grant reimbursement and $17,000 in insurance reimbursements, to authorize the purchase of a Florida Bus Turtletop Paratransit vehicle from the FY07 Florida Vehicle Procurement Program, and to waive the competitive purchase process, CONSIDERATION: Collier County's Paratransit system maintains a capital replacement schedule for vehicles. The purchase of this vehicle will replace a paratransit vehicle that has approximately 250,000 miles and was recommended for replacement by Fleet Management. Each year for the past nine years, the Florida Vehicle Procurement Program has assisted transit agencies in purchasing transit vehicles in the most economic way possible. This procurement program is managed by the Florida Department of Transporation (FDOT) and administered by the Center for Urban Transportation Research (CUTR). For Fiscal Year 2007, FDOT approved the purchase of a fleet of Chevrolet vehicles that meet State Specifications. FISCAL IMPACT: A budget amendment is needed to recognize the revenue of $46,553 rural capital grant reimbursement and $17,000 insurance proceeds and that the balance of$537 will come from local funds project 314271. GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Collier County Board of Commissioners approve a waiver of the competitive purchase process and authorize the purchase of a Florida Bus Paratransit vehicle from the FY 07 Florida Vehicle Procurement Program and approve all necessary budget amendments, Prepared by: Sue Faulkner, Principal Planner, Alternative Transportation Modes Item Number: Item Summary: Meeting Date: Page lofl Agenda Item No. 1683 June 12, 2007 Page 2 of7 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1663 To authorize the expenditure of $64,090 fora para-transit vehicle through the Florida Department of Transportation procurement process using a combination of $46,553 in Rural Capital Grant reimbursement dollars. $17,000 in Insurance reimbursements, and $537 in local dollars from Fund 427 Project 314271 ; to accept the Rural Capital Grant money and Insurance reimbursements and approve any necessary budget amendments; and to use the FY07 Florida Vehicle Procurement Program and waive the competitive purchase process 6/12/20079:00 DOAM Dilte Prepared By Sue Faulkner Transportation Services Principal Planner Altemative Transportation Modes 5/18/20075:04:04 PM Date Approved By BarbaraLIlPierre Transportation Services MllnagementlBudgetAnalyst Traffic Operations 5122/200710:1DAM Dm Approved By Diane B. Flagg Transportation Services Director A TM Director AlternativaTransportation Modes 5/22/20072:49 PM Date Approved By Norm E. Feder. AICP Transportationservicas TransportationOi\!isionAdministrator Transporta.tionServicesAdmin 5f23/200710:03AM Data Approved By MarleneJ. Foord Administrative Services Gr"ntsCoordinator Administrative Services Admin. 5123/200711:1JAM Dale Approved By Sharon Newman Transportation Services Accounting Supervisor Transportation Services Admin 5/23/20076:28 PM Date Approved By Pat Lehnhard Transportation Services Executive Secretary Transportation Services Admin S1241200710:53AM Date Approved By OMB Coordinator County Manager's Office OMBCoordina.tor Office of Management & Budget 5/25120074:07 PM D"te Approved By Markisackson County Manage(s Office Budget Analyst Office of Management & Budget 6/4/20076:00PM DM' Approved By James V. Mudd BoardofCouflty Commissioners CountyMllnllger CoufltyManager's Office 6I412007654PM -Fil...//r'\Ao..nrl<lT..",tlF<vnnrtIRd... l'Jn..o/"'J01'J O/n'JO'JOO7l1 h o/"'JorrYI\NP}"IT'O/n")O I::. r;p}..1T'l I::. \ 1':;;l1 ,:;;/,:;;nf'\f'\7 ,47if-J. Lrz. CO//ler Co. Agenda Item No. 1663 June 12, 2007 Page 3 of 7 Florida Department of Transportation Public Transit Office Order Packet EXHIBIT B ORDER FORM FVPP-03-SC-1 - 9- July 2003 . Agenda Item No, 16B3 June 12, 2007 Page 4 of 7 Florida Department 01 Transportation Public Transit Office Order Packet ORDER FORM FVPP-03-SC-1 (Small Cutaway Type Vehicles) Florida Bus Unlimited. AGENCY NAME: (t./I,e.,r to CONTACT PERSON: DATE: P.O.: 7 Apr 200 Item Unit Cost Quantity Total Cost Base vehicle: Chevrolet 3500 $47,956.00 I 479.5-6 Engine (Gasoline) size: 6.0L V-8 Make: Chew Standard Manufacturer: Chevrolet Engine (Diesel) size: 66L Make: Duramax $7,664,00 I 7b0'1 I Manufacturer: Chevrolet Alternator - Penntex PX420G $92000 I 920 Chevrolet OEM Alternator Standard Stainless Steel wheel inserts $250,00 Spare TireNVheel $250.00 Seat Belt Extensions $20,00 Driver Seat A $450,00 Driver Seat B $400,00 Altro Flooring $505.00 Public Address System $250.00 I AMIFM Radio $195.00 I /'15 TOTAL PAGE 1 I i 56 73~ FVPP-03-SC-1 - 10 - Jul2003 Agenda Item No, 1683 June 12, 2007 Page 5 of 7 Florida Department of Transportation Public Transit Office Order Packet ORDER FORM (cont) Item Unit Cost Quantity Total Cost Help bumper rear Standard I 0 Side Wheel Chair Lift (Braun NN 917) $3,275,00 / " 27 "'" :) :::> Side Wheel Chair Lift (Rican S - 5010) $3,325.00 Side Wheel Chair Lift (Maxon WL - 733L) $3,59800 I Rear Wheel Chair Lift (Rican KV 5010) $3,325.00 Rear Wheel Chair Lift (Braun NN 917) $3,275.00 Sure-Lok Restraint System (per position) $40000 Q - Straint Restraint System (per position) $400.00 2 'C'O{) Sure-Lok SoLo Restraint System (per position) $58000 Q - Straint Slide Lock Restraint System (per position) $414.00 I I Standard seat (per person) $170.00 q. {",Bo I Flip-type seat (per person) $250.00 : i Fold away seat (per person) $30000 b /80(,> i Child seat (per person) $220.00 I~ , 711"d sk"js I 200 , Paint scheme 1 Cjl'tIV $200.00 / Paint scheme 2 $20000 Paint scheme 3 $200.00 ) t/ /etteo'FI I I i,QO 6ree"1 _,?f('ipc , TOTAL (Total Page 2) 735-5 -------------~ I 51;735 i I TOTAL (Total Page 1) ------------- GRAND TOTAL (Total Page 1 and Total Page 2) 0c.j () 10 ----.{--------- FVPP-03-SC-1 - 11 Jul2003 r I' Agenda Item No, 1683 June 12, 2007 Page 6 of 7 Florida Department of Transportation Public Transit Office Order Packet CHOICES FORM SEATING AND FLOORING CHOICES Seating Colors: (circle one) c8> B #1 blue tan Flooring Colors: (circle one) blue tan black Paint Scheme: /, i' t Gfdy<;{C!l 5 Agencies will select two (2) colors for the background and stripe when orders are placed, If an agency requires a paint and lettering scheme that is NOT GENERALLY covered by one of those listed, they may make separate arrangements with Florida Bus Unlimited to provide these services, Base price reflects white base coat. (circle one) #2 #3 WHEELCHAIR LIFT CHOICES REAR: (Br~u~ Ricon Maxon Ricon Wheel Chair Lift: (circle one) SIDE: Braun SECUREMENT DEVICE CHOICES WIC securement (circle one) STANDARD: sure-LOk~) LOW-PROFILE: Sure-Lok Q'Straint Planned Usage PLANNED SERVICE REQUIREMENT .__, (circle one) Fixed Route /~:~:ndResp:~ Radio works with TWO-WA Y RADIO WIRING SETUP (circle one) Ignit;:n~ Ignition On or Off FVPP-03-SC-1 -12. July 2003 a.... 0 I- <0 <0 .Ln W .~ ~N ". ,,~ BBE388 '" v~ ~ z ("') ("')"<t Z ~ 0 "", ~ " uJ '" " "'0.. N NO '" US -" .-~ -' '-' . 'j> O:w 00 0- O(/) en LL o:I ",0 I W'" I w o::W I L _~'Y W(/) >- I -'$ <{ 0: 1!l0 ~ ;;; :::>0 or Oz 0 0- 0::$ -' 0 0- Ll.. g~ ~ $ '::0:: -' -, -' ,-,0 W I I $ I I zO I I iJ)0 -' I I W -,W W N <{-' I '" ZC9 $ O~ i=UJ 0..0::1 90 '7,," <0 , "/ ,;::,'-c"--i ....do'" ..... M .,..... ~;- !1r.D U)~~ ~ <{I g!.2 O~~ Ll.. -' I!l o ("') + if) 0:: <( I o -' W S W 0: I 0 S ~ N ~ o CL Z fa ~' ~ 0:1 C' Wi ~ ~ c? 0:.'" , O~~ I' I i ffil;~ I' I C9 ,0 ! Iii iij ~ I ,I (/)" JJJJI ' : . :lS2'~: , lU'D.. ..I I : I ., ' 'I (f) 'I - l.f) -l Wi':. ~~ _Ii<! - I ~ !,~~*~C~~~;~I o [,~~:::d~~9:,t:'gh:,:" Z i~~~f~~~~~~;~f~ l"" ~...:q:!t;;;;;t:(t~*1b:S ~~'" c;..';: '" I- '<tiJ) m:::> '<tm (") m<( (")0 :jj:- 00:: 0::0 0--' LL Agenda Item No. 1684 June 12, 2007 Page 1 of 5 EXECUTIVE SUMMARY Recommendation to approve the pnrchase of three (3) para-transit vehicles through the 5310 grant that only require a 10% match through the County. OBJECTIVE: To approve the use of local money from Fund 427, Project 314271 for a 10% local match in the amount of $26,185.70 for the purchase of three para-transit vehicles. CONSIDERATION: Collier County has been awarded a Federal Transit Administration (FT A) FY2007-2008 5310 grant to purchase three para-transit vehicles that require a 10% County match. Prior BCC approval was received on January 9, 2007 to accept the FT A FY2007 -2008 5310 grant to purchase vehicles, if awarded. The County is only required to write a purchase order equaling 10% of the total cost of the vehicles. The remaining costs for the three vehicles (equaling 90% - 80% Federal and 10% State) are covered by purchase orders written by FDOT using the awarded FT A FY2007-2008 5310 grant money. The Para-transit system maintains a capital replacement schedule for vehicles. The purchase of these vehicles will replace para-transit vehicles that have approximately 250,000 miles and were recommended for replacement by Fleet Management. The three paratransit vehicles will be purchased through the Florida Department of Transportation (FDOT) Vehicle Procurement Program using a combination of FY07 FT A 53] 0 grant money and the ] 0% local matching money. Each year for the past nine years, the Florida Vehicle Procurement Program has assisted transit agencies in purchasing transit vehicles in the most economic way possible. This procurement program is managed by the FDOT and administered by the Center for Urban Transportation Research (CUTR). FISCAL IMPACT: The County match in the amount of $26,185.70 will be expended from Fund 427, Project 3 ]4271. GROWTH MANAGEMENT IMPACT: Consistent with Objectives 10 and 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Collier County Board of Commissioners authorize the use oflocal money from Fund 427, Project 31427] in the amount of $26, 185.70 for the purchase of three para-transit vehicles from the FY 07 Florida Vehicle Procurement Program. Prepared by: Sue Faulkner, Principal Planner, Alternative Transportation Modes Attachment: FDOT Letter Item Number. Item Summary; Meeting Oate; Page lofl Agenda Item No, 1684 June 12, 2007 Page 2 of 5 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1684 Rewmmenctation to approve Ihe pUfchase of three (3) para-lransitv ehicles lhrough the 5310 grant that only require a 10% matclllhrough IheCounty ($26,185_70) 6/12f20079 00:00AM Prepared By D~, Sue Faulkner Transportationservicell Principal Planner Alternative Transportation Modes 5/18/20076;53:12 PM D~, Approved By Diane S. Flagg Transportation Services DirectorATM Director AltemativeTransportatlon Modes 5/22/20073;38 PM Date Approved By MarleneJ.Foord Administrative Services Grants Coordinator Administrative Services Admin. 5/22/20074:33 PM Date Approved By Nonn E. Feder, AICP Transport..tionServi~es Transportation Division Administrator Transportation Services Admin, 5/23/200710:0E>AM Date Approved By Sharon Newman Transportation Sarvices Accounting Supervisor TransporlationServicesAdmin 5123/20076:22 PM Date Approved By Barbara LaPierre Transportation servi~e$ Management/Budget Analyst Tratfic Operations 5/24/20078:38AM Dale Approved By Pst Lehnhard Transportation Services Executive Secretary TransporlationServicesAdmin 5/24/20071:34PM Dale Approved By OMS Coordinator County Managers Office OMS Coordinator Office of Management & Budget 5/25120074:08 PM Date Approved By Mark Isackson County ManagersOmce Budget Analyst Office of Management & Budget 6/4120076:07 PM Date Approved By JamesV. Mudd Board of County Commissioner!!l County Manager County Manager's Office 614/20077:t8PM filf':.jj("\A9'f>nrhTf><lt\Fvnnrl\R4- 11111..0.;.,"(11., o;,..,rO{)(l7\ 1 f" OI...,nento.,T<;:l=n\ITO/h.,n A nl=<l<..m A \ 1 hP: hfhnflfl'7 Agenda Item No. 16B4 June 12, 2007 Page 3 of 5 CHAR(,fE CRIST GOVERNOR Florida Department of Transportation STEPHANIE c. KOPELOUSOS SECRETARY May 4, 2007 Ms, Diane Flagg, Director Alternative Modes Department Collier County Transportation Services Division 2885 South Horseshoe Drive Naples, Florida 34 t 04 RE: NOTICE OF GRANT AWARD DETERMINATION: FY 2007/2008 FEDERAL TRANSIT ADMINISTRATION SECTION 5310 PROGRAM Dear Ms, Flagg: Congratulations! The Florida Department of Transportation, District One has selected Collier County as a Fiscal Year 2007/2008 grant award recipient under the Federal Transit Administration Section 5310, "Elderly and Persons with Disabilities Program." This award is based on your agency's application dated January 12, 2007, The Department is funding fully Collier County Transportation Services Division Alternative Modes Department's request. The Department's grant application review committee encountered a challenging task ranking applications and selecting grant award recipients this cycle due to limited funding and meritorious applications. Department staff and the community representative who served on the grant application evaluation committee followed grant award criteria and were constrained by limited funding, District One, comprised of twelve Counties, received thirteen (13) funding applications in this grant cycle for $2,808,478 in total requests, an increase of 20% more funding requested when compared to last year. Of the total amount agencies requested, the total of the combined State and Federal shares is $2,527,630, The Department is able to meet $1,687,530 in total funding requests, of which the total of State and Federal shares available is $1,518,777, We are unable to meet $1,120,948 (at 100% value) in applicants' needs, This letter contains important steps that your agency should be aware of: I. The Notice of Grant Award is enclosed, It contains the capital equipment description and specific amount awarded to your agency, pending Federal approval of the State's Program of Projects, An authorized local grantee signatory must expcditiously sign and return to me the Acceptance of Grant Award in order for the grant award process to be completed. 2. Your agency's project must be listed in the Metropolitan Planning Organization's (MPO) Transportation Improvement Program (TIP) if your agency is in an urbanized county. Please be sure to coordinate with your local MPO representative on this requirement. District One, lntennodal Systems Development Office 801 North Broadway Avenue * Post Office Box 1249" Bartow, FL 33831-1249 (863)519-2656* (863)534-7172 (Fax) 4" MS 1-36 , Agenda Item No, 16B4 June 12, 2007 Page 4 Df 5 Ms. Diane Flagg May 4, 2007 Page 2 Florida Vehicle Procurement Program (FVPP) staff advised us about a price increase this year for base vehicle and diesel engine option prices, and new Environmental Protection Agency (EP A) diesel engine emissions standards, We have increased the amount of the grant award for Collier County to cover the increase in costs. Weare in the process of organizing a special technical assistance workshop to be held in May 2007 for agencies that operate small buses. FVPP staff will be present to discuss diesel engine price increases, the updated emissions standards at the Federal level, and implications for fleet management such as potential added preventive maintenance requirements and use of anticipated new low-sulfur diesel fuel. Should you have any questions, please feel free to contact Ms, Julia B, Davis, AICP, the Department's project coordinator for transit matters in Collier County, at 239-461-4300, Sincerely, -r~ 13 ' I><-~ Terry Beacham District Modal Development Administrator TWB/RPS/JBD/sbs Enclosure cc: Norman Feder, AICP, Collier County Transportation Services Sue Faulkner, Collier County Alternative Transportation Modes Kay Luango, Collier County Metropolitan Planning Organization Brandy Otero, Collier County Metropolitan Planning Organization Hank Cusack, Center for Urban Transportation Research, Florida Vehicle Procurement Program Cindy Wooten, Center for Urban Transportation Research, Florida Vehicle Procurement Program Richard P. Shine, Florida Department of Transportation, District One Julia B, Davis, AICP, Florida Department of Transportation, District One Agenda Item No. 16B4 June 12, 2007 Page 5 of 5 FLORIDA DEPARTMENT OF TRANSPORTATION NOTICE OF FTA SECTION 5310 GRANT AWARD IFL-16-0032 Based on the Application for Federal Assistance under U,S,c. Section 5310 dated January 12, 2007, on file at the Florida Department of Transportation, District One, p, O. Box 1249, Bartow, Florida 33831- 1249 offices, the Department hereby makes the following grant award under the Section 5310 Program to: Collier County Transportation Services Division 2885 South Horseshoe Drive. Naples. Florida 34104 Project Description and FVPP Code Total Estimated Value Estimated Federal Funds Estimated State Matchiug Funds Estimated Local Matching Funds Required 3-25' wide body Buses with two wheelchair securement locations and the number of seats for ambulatory persons to be determined FVPP-05-CA-4 $261,857,00 $209,485,60 $26,185,70 $26,185,70 Collier County staff is advised to contact the Department's vehicle procurement program contractor, the Center for Urban Transportation Research, Florida Vehicle Procurement Program at 813-974-9771 or wooten(aJ,cutr.usf.edu to arrange the purchase. FLORIDA DEPARTMENT OF TRANSPORTATION Date: A ward Approved by: (Signature) Typed Name and Title: Terrv Beacham. District Modal Development Administrator ACCEPTANCE OF GRANT AWARD (To be completed and sil,'lled by the recipient and returned to the FDOT District Office) The undersigned Recipient hereby accepts the above described grant award. The Recipient agrees to comply with the stipulations and requirements contained in the assurances to FT A and FDOT as stated in Exhibits F, G, and H of its application, The Recipient also agrees to use and maintain the grant awarded equipment in accordance with the federal and state program requirements, and for the services described, in its approved application, The Recipient agrees to submit the local matching funds as approved, and requests that the awarded equipment be delivered by RECIPIENT: Date: Accepted by: (Signature) Typed Name and Title: . Agenda Item No. 1685 June 12, 2007 Page 1 of 8 EXECUTIVE SUMMARY Recommendation to approve a change order in the amount of $122,010.00 to CH2M Hill, Inc. amending contract #05-3774 Gordon River Water Quality Park (project No. 510185) Engineering Design contract. OBJECTIVE: To add services to existing contract #05-3774 by change order to assist the Transportation Services Division, Stormwater Management Department in the design of the Gordon River Water Quality Park. CONSIDERATIONS: The Gordon River Water Quality Park Engineering Design project includes the preparation of construction plans and permitting for the construction of a 50-acre water quality park to be located east of Goodlette-Frank Road and north of Golden Gate Parkway within the City of Naples. The project includes water quality improvement and flood protection within the Gordon River Watershed. This project will also create an aesthetically pleasing passive educationaVrecreation park facility, which not only minimizes environmental impacts, but helps create a natural habitat where flora and fauna can flourish. Additional design services include a supplemental water supply system from the Gordon River, a standard Gopher Tortoise relocation permit and Indigo Snake Management and Restoration Plan and project management and coordination. Under the original scope of services, these items were to be developed under a separate amendment to the contract. FISCAL IMPACT: Funding in the amount of $122,010.00 is available in Fund 325 Gordon River Water Quality Park Project (Project No. 51(185). The source of funding is ad valorem taxes. GROWTH MANAGEMENT IMPACT: This request is in accordance with the goals and objectives of the Drainage Sub-element of the Growth Management Plan. RECOMMENDATION: That the Board approve a change order for the "Gordon River Water Quality Park-Design" in the amount of $ I 22,O]().OO with CH2M-Hill, Inc, Prepared By: Margaret A. Bishop, Senior Project Manager, Transportation Services Division, Stormwater Management Department Item Number: Item Summary: Meetlng Date: Page 10f1 Agenda Jtern No. 1685 June 12, 2007 Page 2 of 8 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1685 Recommendation to approve a change order in the amount of $122.010.00 10 CH2M Hill, Inc amending conlract#05-3774 Gordon River Water Quality Park (project No 510185) Engineering Design contract 6112f20079:00.00AM Date Approved By MargaretA. Bishop TranaportationServlces Project Manager Stormwater Management 6/51200711:55 AM D.,. Approved By Eugene Calvert Transportations Services PrinciplIl Project Manager Transportation Engineering and Construction Management 6f5/200712:00 PM Date Approved By CaroHneSoto Transportation Services AdministraliveAssistant Transportlltion Engineering and Construction 6151200712:03PM Date Approved By NajehAhmad Transportation$(,rvices Director Transportation Engineering & Construction Management 615f20072:36PM Date ApprO\led By Sharon Newman TransportationServicll$ Accounting Supervisor Transportation Services Admin 6/5/20073:30PM Date Approved By Rhonda Rembert AdministrativeSenliees ContractSpeeiatist Purchasing 615120073:37 PM Date Approved By Steve Garnell Administrative Services Purchasing/General Svc$Director Purchasing 615/20073:43 PM Date Approved By JamesV. Mudd Board of County Commissioners County Manager County Mllnager'sOffice 6/5120075:53 PM JO;l..../I('.1 ^..,....rl"T..".II:~~,..,.....rt\QA 1........01_"')(\1"') 01.."')(\"')(\(\'7\ 1"- OI.."')flrrl-""H;'C-""fT'O/""')flAl:c-,..,rnAll,<;U f.1(;,l"'lflWT CONTRACTIWORK ORDER MODIFICATION CHECKLIST FORM Agenda Item No, 1685 June 12, 2007 Page 3 of 8 PROJECT NAME: Gordon River Water Qualitv Park - Enqineerinq Desiqn PROJECT #: 510185 BID/RFP #: 05-3774 MOD #: 7 PO#:4500046366 WORK ORDER #:N/A DEPARTMENT: Stormwater Manaqement Original Contract Amonnt: $ 599.850.00 (Starting Point) Current BCC Approved Amount: $1.154.607.00 (Last Total Amount Approved by the BCe) Current Contract Amount: $1.269,672.00 (Including All Changes Pnor To This Modification) Change Amount: $122.010.00 Revised ContractlWork Order Amouut: $1.391.682.00 (Including This Change Order) Cumulative Dollar Value of Changes to this Contract/Work Order: $791.832.00 Date of Last BCC Approval 1/10106 Agenda Item # 16B2 Percentage of the change overlunder current contract amount 20.53 % Formula: (Current Amount I Last BCC approved amount)-1 Results and Actions: If the change exceeds 10% BCC approval is required; under 10% reported to BCe on Purchasing report, For specific information regarding work order thresholds, please refer to the Contract Administration Procedures, Section III.CA. CURRENT COMPLETION DATE (S):ORIGINAL: 7/2/07 CURRENT: 1012/07 SUMMARY OF PROPOSED CHANGE (S): Identify the changes. The purpose of this change order is to add $122,010,00 as additional services stated in the original scope of services approved at the BCC May 24,2005 meeting to include a supplemental water supply system, Goodlette.Frank Bypass Road drainage improvements, a standard Gopher Tortoise relocation permit, Indigo snake management and restoration plan specified by SFWMD and project management and coordination, JUSTIFICATION FOR CHANGE (5): What value or benefit do these changes provide to the project? Complete the request for additional information from the SFWMD, PARTIES CONTACTED REGARDING THE CHANGE: Stormwater Manaqement Director. CH2M Hill Inc. Purchasinq Contract Specialist IMPLEMENTATION STEPS (Verify each before proceeding with change using Y, N or N/A) l Proposed change is consistent with the scope of the existing agreement l Proposed change is in fact an addition or deletion to the existing scope l Change is being implemented in a manner consistent with the existing agreement l The appropriate parties have been consulted regarding the change l Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGER RECOMMENDATION: This form is to be signed and dated. , ~;'.f:J ' ,A,w..J",,0 j and APPROVE BY: Pr REVIEWED BY: e n r Date: ~ -S-- c' 7 Date: t;r 5.tf/'7 Revised 4/25/2005 . CHANGE ORDER Agenda Item No. 1685 June 12, 2007 Page 4 of 8 CHANGE ORDER NO, 7 CONTRACT NO, 05-3774 BCC Date: 5/24/05 Agenda Item: 16B7 TO: Mr. Thomas A Spriqqs, Ph,D CH2M Hill, Inc. 4350 West Cypress Street, Suite 600 Tampa, FL 33607 DATE: Mav 22,2007 PROJECT NAME: Gordon River Water Quality Park - Enqineerinq Desiqn PROJECT NO.: 510185 Under our AGREEMENT dated November 17, 2006 You hereby are authorized and directed to make the following changers) in accordance with terms and conditions of the Agreement: The purpose of this change order is to add $122,010.00 to be considered additional services stated in the original scope of services approved at the BCC May 24, 2005 meeting to include, a supplemental water supply system, Goodlette-Frank Bypass Road drainage improvements, a standard Gopher Tortoise relocation permit, Indigo snake management and restoration plan and project management and coordination, FOR THE (Additive) Sum of: one hundred twenty two and ten dollars ($122,010,00) Original Agreement Amount $599,850,00 $669.822,00 Sum of Previous Changes This Change Order (Add) $122,010.00 Present Agreement Amount $1,391,ep.oo The time for completion shall be increased by~ calendar days due to this Change Order. Accordingly, the Contract Time is now (846) calendar days, The substantial completion date is September 2, 2007 and the final completion date is October 2, 2007. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs, - Accepted: .J lM') e. CONTRACTOR: CH2M Hill, Inc, \ ,2007 OWNER: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA '\ l' By: /IJ~L~'~ ( ~ . Margaret A, BiMhop, P.E., Sr. Projec Manager By: .~ dLr- Eu ne C. Calvert, P.E" Director By: - By: Norman Feder, AICP, Administrator Agenda Item No, 1685 June 12, 2007 Page 5 of 8 SCHEDULE A 05-3774 Gordon River Water Quality Park - Engineering Design Supplemental Agreement No, 6 - Scope of Services Transportation - Engineering Design Additional Services Task E Alternatives and System Proposal Task E4: Engineering Design Supplemental Water Supply System In response to comments from the South Florida Water Management District (SFWl'\'ID) regarding securing a supplemental water source for dry season hydration of the wetland system, CH2M HILL shall modify specific portions of the design, drawings and specifications, and secure additional services to collect pertinent data for later use in the project drawings to respond to their request. Additional scope items shall include the following: . Provide a signed and scaled bathymetric survey of the Gordon River on 25 ft transects encompassing approximately 1,000 lineal feet of the river (800 ft north and 200 It south of Golden Gate Parkway) adjacent to cast property line . Acquire Gordon River, or an equivalent \-",Iter system, fIo,.\' data from SFWMD or Collier County sources. Model the river flow to estimate the maximum allowable withdrawal rate to provide adequate flow to the constructed vvetlands to hydrate and maintain miniInum gro\vth in the wetland system during the dry season . Prepare design draVl'ings sho\vi.ng at a minnnum: bathymetric survey, pump and piping details, power 5111'ply and requirements, control system design, site/ civil piping plan, and update the project estimate . Provide coordination with Collier County and SFWlv!D regarding the supplement water supply improvements, Assumes one (1) phone meeting with SFVVMD by the Project Manager, Design !\1anager, and Professional Engineer will be required to coordinate permit and dravling review \vith both agencies to gain their concurrence regarding the revised dra'iA.rings and modeling results prior to permit modification submittal. Subtask Lump Sum Fee: $ 66,450 Cri2M HILL COST _ADJUSTMENT_NO 6_SCHED'JlE_A_ REv~ DOC PAGE i OF 3 . Agenda Item No. 1685 June 12, 2007 Page 6 of 8 Standard Gopher Tortoise Relocation Pennit Application and the Indigo Snake Management and Restoration Plan . Provide permitting services (prepare and submit permit) for relocating up to 10 Gopher Tortoises (GTs) onsite. The Standard GT Relocation Permit is required for relocating over 5 GTs either on or offsite. . Provide drawings and maps as required for The Standard GT Relocation Permit, including: . Site Plan with GT existing burrow locations and GT survey transects . Site Plan showing proposed 25-foot radius protection zones around burrows that will NOT be disturbed during construction, temporary holding pen(s) location (if required), excluder fencing locations, and final relocation area(s) . Vegetation (FLUCCS) and soils map . Location/Vicinity map . Develop request for proposal (RFP) from sub-consultant(s) specializing in GT relocation. RFP v\Till require a letter indicating required services, drawings and figures indicating proposed 25-foot radius protection zones around burrows that will NOT be disturbed during construction, temporary holding pen location(s), if required, excluder fencing locations, location map, and final relocation area(s). . Provide "Standard Protection Measures for the Eastern 1ndigo Snake" guidelines. Additionally, an eastern indigo snake protection/ education plan will be developed for all construction personnel to follow, This change follows a recent sighting of the snake during a wildlife survey as requested by the SFWMD. Since the indigo snake was not observed during previous survey events, it had been assulned to not be surviving onsite based on the low number of burrows previously observed. . Provide coordination with Collier County and the Florida Fish and Wildlife Conservation Commission (FFWCC) regarding relocation of 10 GTs onsite. Assumes one (1) site visit will be required by CH2M HILL to accompany one or both of these agencies for their concurrence regarding the newly located GT burrows and relocation plan. Permitting servic(~s shall be limited to the newly designed and undisturbed areas of this project site only and not areas previously designed, disturbed, or constructed on by others, . Provide coordination with Collier County and the USFW5/U5ACE regarding eastern indigo snake observed onsite. Assumes one (1) combined site visit will be required by CH2M HILL to accompany one or both of these agencies for their concurrence. Subtask Lump Sum Fee: Lump Sum Fee - Task E: $ 36,350 $ 102,800 CH2M HILL COST _ADJUSTMENT_NO 6_SCHEDUlE_A_REV4.DOC PAGE 2 OF 3 Agenda Item No, 1685 June 12, 2007 Page 7 of 8 Task F Proiect Management and Coordination . Project management and design coordination for additional services within CH2M HILL . Project Manager will meet once with the County Project Manager, in the Collier County Transportation office, to review design progress, schedule, and drawing updates. This task assumes up to three (3) monthly phone meetings will be held, Lump Sum Fee - Task F: $ 19,210 Total for Tasks E & F: $ 122,010 CH2M HILL COST _AOJUSTM~NT _NO 6_SCHEDULCA_REV4.DOC PAGE30F 3 . n ~ ~ ~ i " lj) rn II) lilill t ~ ~ ~ . i '8 XI ~ l i ~ ~ ~ ~ " - 0' ~ f' 3 .. if ~ . . . ;; . . . . . 0 ;; ~ ii . . . i '" ;; ~ ~ ~ I~ 1;1 .. '" ~ ;; ;; " N ~ ~ 8 i ~ ! ~ ii ~ m 8 , .. ~ ~ f~ ~ ii ff 8 " ~~f , " 8 '-l~ I" ~ . h[ . I~ 8 :'" ~s: ~ . m~~ ~ i~ > . . a 8 :'" ~ g ~ .. " ~~r 8 ;:rC~ j ~ m~ ~ ~ " ~ 8 :"'5., " ~ "~ ~ . " ~.F 8 , ~ ~ ~ ~ ml~ " ' . 8 '1' ~ ,0 Ii ~ . - 8 ' . ,~ ill ~ .- 8 a~ . . , . . m >> . 8 ~ ~ ,... ~r ~ ;; ! .~ i . , ~ .1;1 . , ~ ~ . . g N HI fW. fj~l ~ J ~ ,a ~i f hJ lr f ~f Agenda Item No, 1685 June 12, 2007 Page 8 of 8 Agenda Item No, 16C1 June 12, 2007 Page 1 of 16 Executive Summarv Recommendation to approve a Change Order in the amount of $217,000 for the electrical work at Pelican Bay Wastewater Decommissioning plant and the associated Budget Amendment, Project 72501. OBJECTIVE: To obtain Board approval for a change order in the amount of $217,000 for electrical work at Pelican Bay Wastewater Decommissioning plant. This public purpose is to improve the level of service of the County irrigation quality water system by converting the existing Oxidation ditch to a Ground Storage tanle CONSIDERATIONS: This Project is consistent with the 2006 Wastewater Master Plan Update adopted by the Board of Collier County Commissioners on June 6, 2006, under Item 10(B). This project as referred in the Master Plan under section 8, page 5 of 5, Line 121. The project will help provide additional storage for irrigation quality water during the off season, In accordance with the procurement policy of Collier County, under Contract # 00-3119, Professional Utilities Engineering Services, dated April 10, 200 I, staff approved a work order to Hazen and Sawyer, to provide engineering services related to the design, and permitting services for the Pelican Bay Decommissioning Phase I and II of the project, Phase I of the project was to disinfect the existing concrete tanks, filters, disconnect the pipes, and other related clean up of the facility. This project was completed in July 2005. Phase II is the final project phase, Phase II general construction was approved by the Board on February 27, 2007, under item] OH to Mitchell and Stark Company for $997,252,00, In order to avail the grant award of $224,000 from South Florida Water Management District (SFWMD) and since the electrical plans were not yet complete, staff recommended separating the bid for general civil construction and electrical construction. This action accelerated the general construction schedule for phase II of this project. Currently the general civil construction is on schedule and on budget. By adding this work, the contract would have to be extended 120 days. This will not impact availing the SFWMD funds, In March 2007, staffrequested cost proposals from five of the electrical contractors under Contract 07-4083- Electrical repairs on call and new install. However, none of the listed electrical contractors submitted a responsive, responsible proposal. Subsequently, staff requested Mitchell and Stark to submit a proposal and they submitted the lowest, qualified and responsive proposal for this work. The proposal amounts we received from the contractors are as follows: ~ ComDanv Total Mitchell & Stark $217,000 Harts Electrical Inc No quote Mizpah Electrical Inc No quote Executive Summary Approve change order Pelican Bay Wastewater Plant Decommissioning Phase II Page 2 Agenda Item No. 16C1 June 12, 2007 Page 2 of 16 American Electric of Miami $225,000 with the exception of Instrumentation and programming work as specified in the plans. Southwest Electric Inc No quote EB Simmonds No quote Mitchell & Stark Original Work Order amount....,.. $997, 252,00 Change Order No. 1..................... $217.000.00 Total Work Order amount.... .......... $1.214252,00 The Engineer's estimate for this work is $247,000,00. The design professional's recommendation letter dated May 18, 2007, is attached. Given that none of the firms under the annual electrical repair and new install contract were able to provide a responsive price quote and given that Mitchell and Stark is already mobilized on site performing work on this project, staff requested and received a proposal from that contractor to perform additional work as a change order to previously-approved work order. This change order results in a cost savings due to no additional mobilization/demobilization costs of a new contractor. It would also preclude coordination issues between two contractors. Also, since we did not get a good response from the listed electrical contractors under Contract 07-4083, it is not certain that if this electrical work is procured through open competitive bid, we will get a better bid considering the fact that Engineer's estimate is higher than the bid we received from Mitchell and Stark. However, it is certain that the project will be further delayed, if procured through open competitive bid. Purchasing Department has approved of this acquisition strategy. FISCAL IMPACT: The total amount of funds required for this obligation is $217,000, A budget amendment in the amount of $2] 7,000 is necessary to fund this project. Funds in the amount of $217,000 are available in project 73970 for this budget amendment. The source of funds is Sewer User Fees Fund 414. This Project is consistent with the FY07 Capital Budget approved by the Board on September 21, 2006. GROWTH MANAGEMENT IMPACT: This project meets current Growth Management Plan standards to ensure the viability of public facilities. RECOMMENDATIONS: That the Board of County Commissioners, as Ex-officio the Governing Board of the Collier County Water-Sewer District approve and authorize the County Manager or his designee to execute the change order and associated budget amendment in the amount of$217,OOO, Prepared By: Shanthi Sridhar, Project Manager, PUED. Item Number: Item Summary: Meeting Date: Page 1 of I Agenda Item No. 16C1 June 12, 2007 Page 3 of 16 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C1 Recommendation to approve a Change Order In the amount of $217,000 lor the electrical work al Pelican Bay Wastewater Decommissioning plant and the associated Budget Amendment, Project 72501 6/12/20079:00 00 AM Project Manllger DM' Prepared By ShanthlSridhar PubllcUtllltie$ Approved By William D. Mullin, PE Public Utilities Approved By ThomasWides PuolicUtilities Approved By G. GeorgeYilmaz PubliC Utilities Approved By Roy S. Anderson, P,E. PublicUtillties Public Utilities Engineering 5/211200710:54:06AM Pr;ncipal Project Manager Date Public Utilities Engineering 5/23/200710:32AM Operations Director Date Public Utilities Operations 5/23120071:03 PM WasteWater Director Date WasteWater 5/23/20071:15PM Public Utilities Engineering Director DM. Public Utilities Enginooring 5/24/20078:07 AM Approved By Contract Specialist Date Dianna Perryman AdministrativsServices Purchasing 5/24/20078:35AM SteveCamell Dale Approved By AdministrativsServices Purchasing/General SvcsOirector Purchasing 5/25120072:15 PM Approved By JamesW. DeLony Public Utilities Public Utilities Administrator Date Public Utilities Administration 5125120072:38 PM OMS Coordinator Date Approved By OMBCoordinator County Manager's Office Office of Management & Budget 5125!20073:55PM Susan Usher Date Approved By County Manager's Office Senior Management/Budget Analyst Office of Management & Budget 6/5/20075:18 PM Approved By Jll.mesV. Mudd Board of County Commissioners County Manager D,,. County Manager's Office 6/5IZ0075:39PM filp,.I/r'\A(Jf>Tlrl"Tp"t\F<yt'l("\rt\~4- Tlm...%?Ol ') O/B?O')OO7\ I h o/B ')ornM"p1>-fTO/,.')n A r.l="l\m A \ l;;.r {"/f,,nn07 ~"'''' ()O~ "'o~ ~NO QNV z~~ Em", w5Q.. :: -, '" -0 C Q) Ol c{ ~ ~ 0 .. ... It> 0 !-..-, '" I:' -~'-M .~~.- - .- ,- "~-~~ ~._w.." "..-... ... I....:...:: ~ 0 .. ti! co 0 0 -.~- Z 0 N .. N ~ .. " 0 Q) ..~.- '0' ~ ~ ~ 0 0.. - -"~.-"It ~ i' 0 -,,-, ......-. '" -".-.. - .",_.~_. ~ on 0 .. ,. ~ .... 0 0 0 -~'-N N ~ .... 0 0 ~ ..~~- - ~ ~ ~ 0 . . -1--' -'"! 0 ~I ~."- - . ""~, a"", ."..~. _..,. ~ .._,-~ ~ ...._... ". ,,_. " " 'i " 0 S s .E "0 if _. N c ~ 0 '" = ... 0 0 Q) 0 0 c ~ -- . .-. ,..: '" III ~ '" ~ ~ ~ a. J::, 0 N '" OJ 0.. I- -'-_. ... "' C . ~ 0 'c Cl 0 C 0 c: ""o---:s --..-. - - - ._- ,~~- .,.".,.... :' -.-. ...-'., ,_. .-., => '<;; '2 0 .'!l 0 E E '(jj o 0 '" E ~[) " 0 ,!!? S " " E '" c 0 0 c: ~ ~ ~ :;; C; 15 ~ ~ " '" 0 "0 1ii N " (; Q) - -, - - ;, .... C ... " aJ 1:3 ~ u; - 0 OJ " C '" '0 c: .~.- . - - . - - '. ,. .. : - '" '5: 0: '" '" .c ii: ~ " ... 0 '" "-' ... 0 '" C Q) ... 0 N " en " - 0 N ~ > E '" ~ .. e c "0 ;: I~ 0 a. '" c Q) ~ c.~ " .. ~ '" " E III i5 .9 "'- <( ~ - a; C '" 0 OJ >- . ~ '" "0 > (; OJ '" '" 0 0 '" "0 en llJ 0 on 0 .0 on C ;, OJ " 0 '" 0 '" '" " "0 C 0 0 ,: ,: '0 ;( E c;; w '" U z ci m . 1ii '" m '" '0 "! E " ,~ ~ ~ ~ , E '[; <; ~ 8 0 0 Qj 1: " w "' "' 0.. 0:: a; '" " 0 :~ .. Q) I- :!! E " " ;; E z ~ 0 0 .. '0 '" W ::l g .. .. .. c: 0 e z > .,. ... U .. U 0 l- I? - w u .. ...... ::l U ::l .. .. 0 <( .. " ... ';: ... u u . 'e '" .. .. .. '" '" "C .. .. .. .. '~ 'iii u ... ,~ C 0 " ~ " " .. 0 g ... .. .. .. 0 .!! 0 " ... 0 0.. .... ... C U OJ U .... ... '" . Agenda Item No, 16C1 June 12, 2007 Page 5 of 16 CHANGE ORDER TO: Mitchell and Stark Constroction Co. FROM: Collier County Government 6001 Shirley Street 3301 East Tamiami Trail, PUED B\d;~ H. Naples, FL 34109 Naples, Florida 34112 Project Name: Pelican BayWasrewater Decommissioning Project Construction Agreement Dated: W.O, No.: UC-280 Change Order No.: I Date: 03/14/07 Change Order Description: To add electrical work to the contract. Original agreement amount .............................................................. $997,252.00 Sum of previous change orders amount ........................................... $ 0.00 This Change Order Amount [add] .................................................... $217,000.00 Revised Agreement Amount........,.............................,....................... $1,214.252.00 Original contract time in calendar days................................................ 125 days Adjusted nwnber of calendar days due to previous change orders ..... 0 This change order adjusted time is ...................................................... ] 20 days Revised Contract Time ill calendar days .............................................245 days Original Notice to Proceed date ......................................................,.. April 2, 2007 Completion date based on original contract time................................ August 6, 2007 Revised complelioll date..,................................................................., ,December 4, 200i Your acceptance of this change order shall constitute a modification to our Agreement and will be perfonned subject to all the same terms and conditions as contained in our Agre':ment indicated above, as fully as if the same were repeated in this acceptance. The adjust11l'mt, if any, to this Agreement shall constitute a full and final settlement of any and all claim~ of the Contractor arising out of, or related to, the change set forth herein, including clai ms for impact and delay costs. Recommended by: 4wr ~~ Shlnthi Sridhar Project Manager Public Utilities Engineering Department Date: 5/1 ~l t.~7 Accepted by: Date: ,!? I, g! O,~ Reviewed by: CA ~ "H.JV" Ku Pfeffer, Project Manager Hazen and Sawyer Inc., Date: sf/ t I...!.~ '7 Reviewed by: Lu ~ ~~ Date: William D. Mullin, P.E Principal Project Manager Public Utilities Engineering Department <f.,.(L~7 Mitchell and Stark Construction Co. Page 1 of2 Change O,der No.1 Agenda Item No. 16C1 June 12, 2007 Page 6 of 16 Pelican Bay Decommissioning Change Order No, t Page 2 Reviewed by: ~- Ro Anderson P,E, Director of PUED Public Utilities Engineering Department Date: o/2.-~a:, Reviewed bY;::- -= .-~ ~ ~ate: ;Ay?- George Yilmaz, Ph,D, P.E, Director of Wastewatcr Oepartment Public Utilities Division ~Q~ Tom Wides Director of Operations Public Utilities Engineering Department Date: sk~} , /'.. Reviewed by: Reviewed by: Date: Jim DeLony, P.E Administrator PUED Public Utilities Division r CONTRACTIWORK ORDER MODIFICATION CHECKLIST FOAM Agenda Item No, 16C1 June 12, 2007 Page 7 of 16 ....ROJECT NAME: Pelican Bay Wast~ater Plant Decommissioning PROJECi #: 72501 BID/RFP #: _ MOD it: 1 DePARTMENT: PUED PO#: 4500077787 WORK ORDER #: UC-280 CONTRACTOR/FIRM NAME: Mitchell 8, Stark Construction Co. Inc Original Contract Amonnt: $ 997.252.00 (St~rting Poirll) Cll't't"t:nl Bee Approved Amount: $ 997.252,00 (tMI Total Art'lount AP1'"w~d by Il'~ BCC) Curre.nt Contt"act Amount: $ 997.252.00 (lncludtn[!: 1\11 Chnn~s Prior To ihi.. Modif'lc.:nlon) Ch;tnge: Amo,ml: $ 217.000 ,00 Revised ContractlWot"k Order ^mount: $ 1.214.252.00 (Including Thi~ Ch:mgc Orde.r) Cumubltiv~ DoUst Va'uc of Changes to this Colltrn~tM'ork Order: $ 1.214.252.00 Date of last BCC Approval Fob 27. 2007 Agenda Item # 10 (H) Percentage of the change over/under current contract amount Formula; (Revised AmOu~t I Last ace approved amount}-1 21,75 % R~ulta and AciiOn!l.' Contr;\t:Uo; lithe ohangl'l ~8d!l 10% Qf!no current ece am::llJllL t/'I91"l Bee apPlOvtll I'l, required SQlrtll 10 or lE!'as tnM 1~ reporteClIQ Bee by In'!! 1'11rehulng deptlr\fTlML OCNA Work Orders: For :ill work ord~r$ IMl Q~C8er:l .$:;!OQ,OOO where 1M eMngo doea noll'lllCned '0% or $10,000. the98 ct1Mgo!lererspol'l~C1 by ItIEl PurctJlI-;il"lg Oepartment 10 the ecc nCln'linl!':tratlvaly. Chnr'lClor~ to these WOtk orders that Em::O('!(! tho~/!lIlUesllcldll reQl);rt'J prior BCC npprOV31. NON.CCNA Work Order$;; IF 1M chanpe 9~C/"rl~ 1 0%, of the currAnt ecc amount, then ece appr~1 IS r9qLl;roCl. II In Clo.}l;l\. eonract your conlr:<lct epeclo.liSt. For more specifiO information ta(J~ltllng warl< order ~r~.110IrJ8. plaElSe rt'llllr to the Proovrl'lmem IWmlnlStrEulon PrOCaIur8B. Sectl.-.n rV3.d. ;URRENT COMPLETION DATE (S):ORIGINAl: Auoust6,2007 CURRENT: Oocmmber 4. 2007 SUMMARY OF PROPOSED CllANGE (S): Identify the changes. To' ~et tl,e electrical work and instrumentation work comnlctcd rOT rhe MOV to operate. This work would rake 120 cxtr~ days to comolete inclucine: ocrmiu;n2' and !!ct the orokct constructed and closed out as jntended in the conslnlction olrmB. JUSTIFICATION FOR CHANGE! (S): What value or benefit do these changes provide to the proJect? The electrical work W/il.S seoarated from the ote.n~ In order to avail the SF\NMF. This accelereted the schedule to invoice tor the oroiect bv the contractor. After the electrIcal olans were read\' it was our intention to use the electrical contractors in the e.ooroved list bv the County. HOWelJer. none of the contractors were able to ClIve us a resoonslble cuat€!. Mitchell end Stark were able to aive uS the lowest auote. PARTIES CONTACTED REGARDING THE CHANGE!: Mr. Bill Mullin. Mr, Jim D.Lonv at the PFlB IMPLEMENTATION STEPS (Verify each before proceeding wilh change using Y, N or N/A) -X.... Proposed c:hange is consistent with the scope 01 the existing agreement -2L Proposed change is in fact an additIon or deletion to the existing scope -2L Change 1$ being implemented ;n a manner consisteni with the exlsiing agreement ..2L The approprla~e parties have been consulted regarding the change ..lL Proposed prices, fees and costs set forth in the change are reasonable PROJECT MANAGEJ![:;~NDATION: This form is to be signod and dated. APPROVE BY; ~ Date: dZJ/07 ProjeCT: Manager REVIEWED BY: Contract Specialist Data: Che.:k JJ~, fnr?SWD PnJ:t'l (lrl O:ltl:: ""':Ly HI.200? Environmental Engineers & Scientists Agenda Item No. 16C1 June 12, 2007 Page 8 of 16 Hazen and Sawyer, P,C. 2101 NW Corporat. Boulelillrd, Suite 301 Boca Raton, FL 33431 S61 997-8070 Fax: 561997-8159 HAzEN AND SAWYER May 21, 2007 Ms. Sandy Sridhar, Project Manager COLLIER COUNTY PUBLIC UTILITIES ENGINEERING DEPARTMENT 3301 Tamiami Trail East Building H Naples. Florida 34112 ,I Pelican Bay WWTP Decommissioning - Phase II County Project No. 72501 Engineer's Recommendation to Award Electrical Chance Order to Contract Dear Ms, Sridhar: We have reviewed the change order proposal from Mitchell & Stark Construction for electrical and instrumentation work related to this project, The work includes installation of electrical power and control panels. conduit and wiring, as well as controls programming for the motorized valves and level sensors required to integrate new Ground Storage Tank NO.4 into the existing Pelican Bay reclaimed water distribution system. Mitchell & Stark's proposed change order of $217,000.00 is less than the Engineer's estimate of $247,000.00. As such, it is fair and reasonable and we recommend the County approve the electrical change order to this contract. Please call if you have any questions. Very truly yours, HAZEN AND SAWYER, P.Ctt",- ~4PN}A-- Kurt A. Pfeffer, P.E. Project Manager c: File 41010-008 O:41010.()(J8LOO2 NawYoD:. MY. Am:Of1l(, NY' Ri\JTISey, NJ.Detrolt, 1111. PhltadeJpnia, PA. iUlleigh. NC. CIlar101te, NC'Fa~ VA.-Atlanta, llfloHoEywood, Fl-BocaRakn, FL. FM Pice, FL. JackslnJiIe, 1\.. Miami, FloSnsata. FL olalT1Ja FL , Agenda Item No, 16G1 J 1f'l~e21 Q'i0il Page 9 of 16 SridharSandy From: Mike Westhafer [mwesthafer@mitchellstark.comj Sent: Thursday, April 19, 20073;06 PM To: SridharSandy Cc: 'Pfeffer, Kurt A:; 'Bob Newton' Subject: Pelican Bay Decommissioning Electrical Proposal After review of the electrical plans and specifications we offer to perform the work described therein at 1I,e Pelican Bay Reuse site for the lump sum of $217,000. This price includes the Division 16 electrical work and t,e Section 16850 Instrumentation and Control System work. We do not include the building permit fee or any fees associated with the Utility Company. Please let us know If you wouid like to include this work via change order to the existing decommissioriing contract. Also let me know if you have any questions. Thanks, Michael p, Westhafer, P.E. Mitchell 8. Stark Construction Company, Inc. ph, (239)597-2165 axt.26 fax (239)566-7865 cell (239)450-2885 5/15/2007 Agenda Item No, 16C1 June 12, 2007 Page 10 of 16 From: Terri Hart [hanselectrical@yahoo,com] Sent: Tuesday, March 06, 2007 8:32 PM To: SridharSandy Subject: Re: Pelican Bay Decommissioning Sandy, Thank you for sending the prints for the new MOV at the pelican bay services site. I'm sorry I cannot bid this work at this time. Would have responded soomr, but I did not know that I had to pass on this before you could get this out to othe.r bidders. I am just learning the ins and outs of the county procedures. Thank you, John Hart, Hart's Electrical, Inc. ----- Original Message ---. From: SlidharSandy <SandySridhar@colliergov.net> To: hartse1cctrical@yahoo,com Sent: Monday, March 5, 2007 8:21:52 AM Subject: RE: Pelican Bay Decommissioning John: I had sent you the plans and specifications iast month. Pi ease send me your p,roposal ,In or before March 9'h 2007. If I do not hear from you on or before 5:00 PM on March 9 h 2007, I ~'i11 go ahead with the second bidder in the contract. Thanks. Sandy. From: SrldharSandy Sent: Friday, February 2.3, 2007 1:33 PM To: ' hartselectrical@yahoo.com ' Subject: FW: Pelican Bay Decommissioning John: Here are the plans. Thanks. Sandy. From: Pfeffer, Kurt A. [mailto:kpfeffer@hazenandsawyer.com] Sent: Tuesday, February 13, 2.007 3:15 PM To: SridharSandy Subject: RE: Pelican Bay Decommissioning Sandy: Here are the electrical draWings. SpeCifications and draft permit applications just set in a separate email. Please call if any questions, and if no questions, let me know when the preconstruction conference is scheduled. Thanks, Kurt A. Pfeffer HAZEN AND SAWYER, P.C. Phone: 561.997.8070 Fax; 561.997-B159 kpfeffer@hazenandsawyer,com -<;ridharSandy From: Sent: To: SubJect: amaral@bellsouth.nat Monday, April 30, 2007 4:06 PM SrldharSandy PELICAN BAY ELECTRICAL Importance: Attachments: High pelican bay valve hook up,doc ~. ~ pelican bay valve hook up.doc ... SANDY, heres the quote for pelican bay 1 Agenda Item No. 16C1 June 12, 2007 Page 11 of 16 - t:hanks Agenda Item No. 16C1 June 12, 2007 Page 12 of 16 11371 S.W. 208 ))r. Miami, FL 33189 (305) 253-9131 Fax (305) 253-4608 Date: 4/3010'/ Contract No.: R.P,Q. No: Procurement: TO: Sandy Sridhar PROPOSAL PROJECT: Pelican Bay Wastewater Treatment Plant SUBJECT: Electrical Valve Hookup Includcd in scopc: 1. Supply and install manholes and duct bank 2. Supply and install 3pole breakers 3, Supply and run cxposed conduits to existing equipment 4. Pull wire and cable for valves 5, Hook up power wire for valves and mount termination boxes 6, Permits for electrical Exclusions from scope: L Price does not include any instrumentation work and modifications 1:0 the pIc cabin'~lS 2. No concrete or ashphalt restorations 3. No transmitters for instmmentation 4. No programming of instruments or transmiucrs Total $225.074,57 Chris Church American Electric ofMiami,1nc. . Agenda Item No, 16C1 Jlllng4:?J. 'tif(j1 Page 13 of 16 SridharSandy From: E. S. Simmonds Electrical, Inc, [ebSimmondselectrical@earthlink.net] Sent: Friday, May 11,20074:12 PM To: SridharSandy Cc: William L. Overbeek P .E. Subject: RE: Pelican Bay Decommissioning Sandy, I am very sorry that I was not able to speak to you prior to you leaving. I looked at the plans today thin (Ing that I could whip some prices together and after reviewing it is my view tMt the project is way over my head from wiring standpoint, and it would be unreasonable to the County and to E,8. Simmonds Inc. for me to pr,.sent a proposal with my background. The low vollage portion of the project would be handied by EMA which could give of a quote. It is possible that by the end of next weeK enough research could be completed to give 'lot: a number but it would not be official until Bernie returned at the end of the month, I feel bad for the county and for Simmonds electric because the company is very capabie of completing a project of this magnitude and are currently doing a similar project at the Tamlami Wells it is just that I cannot !lIve you the quote, Please give me a call Monday so we can discuss, Thank You Wilson E, B. Simmonds Electrical, Inc, 4406 Exchange Ave" Suite' 05 Naples, Florida 34104-7024 V(239) 643-2770 F(239) 643-6673 !!12.~!mm9ndselectric"J@,"'j;,[l.b.!inKcn,,.! ---- Original Message __m Frorn:~ri~barS_~Cld~ To: ebsimmonds!,lectrl<.:al@earthlinK.net Sent: 5/2!2ooi12:4!f:oij'PM ~--,-- ,- SUbject: Wilson: It was a pleasure to talk to you, Please review the plans and send us your quotes ASAP, Please Ie' me know if you are interested in the worK or not Please call me If you have any questions. Thanks S'tmdy Srilhar Project Manager Phone:(239) 530.5345 Fax: (239) 530-6449 sandvsridhar@collieraov.ne.1 5/15/2007 SridharSandy Agenda Item No. 16C1 J~6a iilllU7 Page 14 of 16 From: PARAGONELE@aoLcom Sent: Tuesday, May 15, 2007 10:12 AM To: SridharSandy Subject: Re: Pelican Bay Decommissioning Thank you lor the opportunity, but at this time we are not interested In bidding this work. Thank you, Randy Dunwody Paragon Electric Systems Inc. Office 239-277.0376 Fax 239-277,1341 See what's free at AOL.cQ..rTl. 5/1512007 . Agenda Item No, 16C1 June 12, 2007 Page 15 of 16 ,ridharSandy - From: Sent: To: Subject: SridharSandy Wednesday, May 16. 2007 8;37 AM 'SOUTHWEST ELECTRIC SOUTHWEST ELECTRIC' RE: Pelican Bay Decommissioning So far I have not seen your proposal. Time is running out and I need to move )n. Thanks for your consideration. Sandy Sridhar projece Manager phone: (239) 530-5345 Fax: 1239} 530-6449 sandysridhar@colliergov.net -----Qriginal Message----- from: SOUTHWEST ELECTRIC SOUTHWEST ELECTRIC (mailto:zouthweste1ectric@hotrnail.oom] Sene: Monday, May 14, 2007 11:25 AM To: SridharSandy Subject; RE: Pelican Bey Oecommissioning will send proposal comorrow 05/15 :>Frorn: nSridharSandy" <SandySridhar@col1iergov.net> >To~ <SouthwestElectric@hotmail.com> >S~Dject: RE: Pelican Bay Decommissioning >Daee: Mon, 14 May 2007 10:26:27 -0400 > > Are you still interested, in t.his project and going to send me a >proposal? Please reply on or before May 15r 2007 so I can move on. >Thanks. > >Sandy Sridhar > >project Manager > >Phone: (239) 530-5345 > >Fax: (239) 530-6449 > >sandysridhar@coll:i.er.gov.:n.et: > > :> >From: SridharSandy >Sent: Tuesday, May 01, 2007 4:06 PM >To: 'SouthwestElectric@hotmail.com' ~Subject: FW: Pelican Bay Decommissioning > > > >Ron: > > > >1 apologi2e. I ~ent you the wrong specs. Here is the correct: one. >Thanks. > "",,4 Sandy Sridhar 1 Agenda Item No. 16C1 June 12, 2007 Page 16 of 16 > >project Manager > >Phone:(2391 530-534, > >Fax, (239) ,30-6449 > >sandysridhar@colliergov.net > > > >From: Sridhar Sandy >Sent: Tuesday, May 01, 2007 2:54 PM >To: 'SouthwestEJ.ectric@hocmail.com' >Subjece: ~elican Bay Decommissioning > > > >Ron: Here ar.e the specs for your use. Looking forwf.!,rd for your >proposal. > > > >Thanks > >sandy Sridhar > >Project Manager > >Phone, (239J 530-53~5 > >Fax: (2391 530-6449 > >sandysridhar.@col1iergov.net > > ,. Catch suspicious meS$agee before you open them--with Windows Live Hotmail. http://imagine-windowslive.com/hoCmail/?locale~en- us&ocid=TXT_TAGHM_rnigration-H~ini-pr.otection_OS07 2 . Agenda Item No. 16C2 June 12, 2007 Page 1 of 9 EXECUTIVE SUMMARY Recommendation to approve Change Order 2 to Agreement 06-3939 for Program Management and Oversight Services with Malcolm Pirnie Inc., in the amount of $169,342 related to the Northeast Facility, Project 75012. OBJECTIVE: To meet the demand for water and wastewater services in the northeast area of the Water and Sewer District service area. This action will continue program Management Services from July 11,2007, through September 30, 2007, for the Northeast Facilities, CONSIDERATION: On December 14, 2004, agenda item 10E, the Board of County Commissioners (Board) approved Contract 04-3673 for Professional Engineering Services with Carollo Engineers, to design Phase 1 of an expandable 10-mgd Water Treatment Plant, and an expandable 4-mgd Water Reclamation Facility. These facilities will replace the existing Orangetree Utility facilities, and serve new customers in the northeast area of the District On June 20, 2006, agenda item 16C 4, the Board approved a Professional Services Agreement 06-3939, with Malcolm Pirnie Inc. for Program Management & Oversight Services for the Northeast Facilities. This Change Order will extend the contract and services from July 11, 2007, through September 30, 2007, (Scope of Services attached). These projects are consistent with the 2005 Wastewater and Water Master Plan Updates approved by the Board on June 6, 2006, as Agenda Item 10 (B) and can be found in Table 8-2, page 2 of 5, line item 44, and in the Wastewater Master Plan Table 8-2 Page 2 of 5, line item 40. The Program Management work to be completed during this contract extension includes an extension of the existing services at the same level of effort, and to align the annual negotiated services under this contract with the County's fiscal calendar. Staff recommends the total cost of $169,342 for this work as fair and reasonable. These Program Management and Oversight Services will assist the County in properly planning and managing all aspects of the Northeast Facility Program. FISCAL IMPACT: Funding is available in and is consistent with the FY 07 Capital Improvement Budget approved by the Board of County Commissioners on September 21, 2006, agenda item 2H. Current appropriations are identified in the Water and Wastewater Impact Fee Funds 411 and 413, Project 75012. GROWTH MANAGEMENT IMPACT: This project is consistent with and furthers the Goals, Objectives, and Policies of the Collier County Growth Management. ,- RECOMMENDA nON: That the Board of County Commissioners, as Ex-Officio the Governing Board of the Collier County Water-Sewer District: Agenda Ilem No. 16C2 June 12, 2007 Executive Summary Page 2 of 9 Northeast Facility - Page 2 . Approve a change order to the Program Management and Oversight Services, to extend the existing Contract 06-3939 to September 30,2007, in the amount of $169,342 with Malcolm Pimie, Inc., Project 75012, . Authorize the County Manager or his designee to execute the cbange order. Submitted By: Alicia Abbott, Public Utilities Engineering Project Manager Item Number: Item Summary: Meeting Date: Page 1 of 1 Agenda Item No. 16C2 June 12, 2007 Page 3of9 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 16C2 Recommend to approve Change Order 2 to Agreement 06-3939 for Program Management and Oversight Services with Malcolm Pirnie Inc in the amount of $169,342 related to the Northeast Facility Projects 75012 6/12/20079,00:00 AM Project Manager om Prepared By Alicia Abbott, E.!. Public Utilities Public Utilities Engineering 4119/20079:20:16 AM Principal Project Manager Date Approved By William D. Mullin, PE PublicUllhtiss Public Utilities Enginaering 5/21/20071:39 PM Date Approved By SteveCamell Admin;strativeServices Purchasing/General Svcs Director Purchasing 5/23120078:20 AM PUblic Utilities Engineering Director Date Approved By Roy B. Anderson, P.E. Public Utilities Public Utilities Engineering 5f24t20077:50AM G. George Y;Jmal WasteWater Director Date Approved By Public Utilities WasteWater 5/24120079:08 AM Approved By Paul Maltausch Public Utilities Water Director Date Water 5/24/200711:10 AM Date Approved By ThomasWides PubJicUtilities Operations Director Public UlilitiesOparations SI24J20071:29PM Date Approved By JamesW. DeLony Public Utilities Public Utilities Administrator Public Utilities Administration 5/JOI20079:14AM Date Approved By OMS Coordinator County Manager's Office OMB Coordinator Office of Management & Budget 611120079:16AM Susan Usher Date Approved By County Manager's Office Senior MllnagementlBudget Analyst Office of Management & Budget 615120073:57PM Approved By Michael Sll1ykowski County Manager's Office Management & Budget Director Date Office of Management & Budget 6/5/20074:23 PM County Manager Date Approved By JllmesV. Mudd Soard of County Commissioners County Manager's Office 6/5f20074:54PM fil~./lr'\AO'f'11rlI'lT~"lt\FYnnrl\R.a...I,mf"%?Ol? %?0?007\ 1 f\ %?OrnN"FNTO/"?OA(~FNf)A \ 1 f\r f\1f\n007 ~ Agenda Item No. 16C2 _._JunR 12~2 Page 4 of 9 Date: May 25. 2007 Project Name: Nor1Iu:ast Facility I'rognIm Management Project Number: 75012 BJDIRFP #: 06-3939 E-Mailed To BoIIIIie: Gohatr To the BCC Mod #: 2 PO#: 4S000643562 wort OrderNmnber: ContractorIConsu1lant: Malcolm Pimic. IDe. 0rigina1 Coa1ract Amow1t: S 'l53. 77S.IIO (~Point) Cumat BeC Approved Amouat: S 75J. '775.lIlI (Last Total Amouot Approved by the BCC) 5753.775.00 (Including All ~ Prior To This Modification) Cumat Coa1ract Amount: ChaDgc Amount: S .6JU'tM Revised ConttactJWoJIc Onl<< Amount: S m.J.17.111 (Includiog This ChaDgc 0nIcr) CumuIaIive Dollar Value of~ to dIis ConttactJWoJIc Order: S 18 ~- Pcn:ad8gC Oflbc ChaDgc OverIUoder Cumat Caa1I8cl Amount: ~ 0nnI0n0 01__ To _ cooImct to provide for .....nn....g __ .......Ir""'". profcssiooaI seMces up to oew fiscaJ =:-~~~mcr--~01 DoIa En1Iy Information: Type of 01anll": Coolnlcl Project Monager. Alicia Abbott Department: PUED ChaDgc CoIegory Type. Circle One BcIow: 1. Planned or Elective 2. Uo1'oreseeo Conditions 3. Quantity AdjllSbDClllS 4. Com:otion ofEnon s. VlllaeA....... 6. Scbcdulc AdjuslmelllS Revised 7/11/05 r CONTRACTIWORK ORDeR MODIFICATION CHECKLIST FORM Agenda Item No. 16C2 June 12. 2007 Page 5 of 9 BIDIRFP III: 08-3939 MOD #: 2 PO#: 45000643582 75012 WORK ORDER #: PROJECT NAME: North Eaet PfOll",m Management PROJECT #: DEPARTMENT, Public Utllltlee Engineering Department CONTRACTOR/FIRM NAME:.Malcolm Pirnle, Inc. Original ContI'lIct Amount: $ 753,775 (Starting Point) Current BeC Approved Amount: $ June 20, 2008 (Last Total Amount Approved by the BeC) $ 753,775 (Including All Changes Plior To This Modification) Current CDntI'lIct Amount: Change Amount: Rev..... ContractlWork 0nIer Amount: $ 1l19,342 $ 923,117 (Including This Change Order) Cumuldve Doller Value of Q1angee to thIe ContractIWork Order: $ 189,342 Date of Laet BCC Approval June 20, 2006 Agenda ltam # 16C4 Percentage of the change over/under currHt contract amount 22..48 % Formula: (Revised Amount I Last BCC approved amount)-l Results and Actions: Conlracte: lithe change exceeds 10% of the cummt BCC amount. then acc approval is required; equal to or less then 10% reported to BCC by the purchll8ing department CCNA Work Ordere: For all work orders that exceed $200,000 where the change does not exceed 10% or $10,000, these dlanges are reported by the PurchIIslng Department to the BCC administratively. Changers to these worIc orders thet exceed those thresholds require prior BCC approval. ~CNA Work Orderll: II the change exceeds 10% of the current Bce amoun~ then BCC approval is required. If in dou~ contact your contract Specialist For more specific information regarding work order thresholds, please refer to the Procurement Administretion Procedures, Section IV.3.d. CURRENT COMPLETION DATE (S):ORlGINAL: July 20, 2007 CURRENT: September 30, 2008 SUMMARY OF PROPOSED CHANGE 151: identify the chana... Malcolm Plmle, Inc. will provide additional Pros",m Manasement..rvlc.. through September 30,2008 JU5TIFlCA TION FOR CHANGE (51: What value or beneflt do then c/langH provide to tile project? In order to ellgn with the fiscal yeer budg~ the.. eddlttonel ..rvlcee will extend Malcolm Plmle'e cont~ through September 30, 2008 PARTIES CONTACTED REGARDING THE CHANGE: Bill Mullin, Roy Andereon, George Yllmaz, Paul Mettauech IMPLEMENTATION STEPS (Verify each before pIVCHdIng with chenge uelng Y, N or NtAI [81 Proposed change Is consistent wtlh the scope of the exl&1lng agreement o Proposed change is in fact an addilion or delelion to the existing scope [81 Change is being implemented In a manner consistent wtlh the existing agreement [81 The appropriate parties have been conllUlted regarding the change [81 Proposed prices, fees and costs set forth in the chenge are reasonable May 25, 2007 Dille: May 25, 2007 Agenda Item No. 16C2 June 12, 2007 Page 6 of 9 CHANGE ORDER TO: MaIcaIm PImIe, IDe. FROM: CoIIIer.CoaIrty GoVl!I'II1IIeDt " Project Name: Nortbeast Regional Utility Facility Program M8DlIFment and Oversight Agn:ement: CllIlInIcl 06-3939 Dated: June 20. 2006 Change Order No.: 2 Date: May 24, '2JX1T CJumae Otder n-ripli... Provide CODlinuing Program Management Services to support Collier County plnll8Dl to the Provisions of "Northeast Regional Utility Facility Program ~r.n.8"_ and Overaight Services" - ContractlJ6..3939 dated June 20. 2006 betw<lCl\ CoUierCounty, Public Uti1ItieaEngineering~IIIdMalcolmPimie, IDe. Work will be performed 88 a lump swn (LS) or lime and material (l'&:M) aDIOIIIIt paid monthly on completed work in accordance with the task amounts 115 follows: TasIr. I: Exteud general program man.vment""""ices 10 ~ 30,2007 LS TasIr. 2: AIIowmce for Unknown Services T &M Total AmtnuII ofC1lmtp 0rtUr $153,947-00 $ 15,395.00 $169,34z.oo 0riginaJ Agreement Amount Sum of pIlOvious Change Orders Amount Cbange Order 2 Amount Rer1iutl CoJltrod Ammutt $ 753,775.00 $0.00 $ 169,342.00 $ 923,ll7.oo Original Contract Time in calendar days AlljU&lal number of calendar days due to previous €bange